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06-06-2012 City Council Agenda Packet
\LIFORN� AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JUNE 6, 2012 SPECIAL MEETING — 6:00 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 6:00 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 31, 2012) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. 1. Joint Meeting with the Saratoga Planning Commission Recommended Action: Informational Only ADJOURNMENT 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 are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] 1 Certificate of Posting of Agenda: 1, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on May 31, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 31St day of May 2012 at Saratoga, California. Crystal Morrow City Clerk 2 Table of Contents Agenda 4 Commendations for Outgoing Youth Commissioners Staff Report 11 Attachment A: Commendation for Kia Fariba 13 Attachment B: Commendation for Sokena Zaidi 14 Appointment of Youth Commissioners and Oath of Office Staff Report 15 Attachment A: Resolution of Appointment 17 Attachment B: Oaths of Office 18 City Council Meeting Minutes Staff Report 26 Attachment A: May 16, 2012 Special and Regular Meeting Minutes 28 Attachment B: May 4, 2005 Regular Meeting Minutes 36 Review of Accounts Payable Check Register Staff Report 54 Register 56 Register 61 Treasurer's Report for the Month Ended April 30, 2012 Treasurer's Report for the Month Ended April 30, 2012 63 Fiscal Year 2012/13 Gann Appropriation Limit Staff Report 70 Adoption of the Fiscal Year 2012/13 Operating & Capital Budget and Environmental Impact Assessment for new Capital Improvement Plan projects staff report and reso 74 Environmental Impact Assessment 83 Resolution Authorizing Final Disposition of Certain City Records Staff Report 84 Resolution 86 List of Documents 87 Resolution Calling for General Municipal Election — November 6, 2012 Staff Report 88 Attachment A: Resolution Calling for General Municipal Election 90 Attachment B: Santa Clara County Registrar of Voters' November 2012 Election Calendar 92 Motor Vehicle (MV) Resolution restricting parking on Saratoga Avenue Staff Report 94 1. Map 96 2. Memo from Fehr & Peers 97 3. MV Resolution 100 1 Motor Vehicle (MV) Resolution restricting parking on Trinity Avenue Staff Report 101 1. Map 103 2. Memo from Fehr & Peers 104 3. MV Resolution 106 Contract Extension for Scanning Services Staff Report 107 1. Contract Extension 109 Contract Extension for Traffic Signal Maintenance Staff Report 134 1. Contract Extension 136 Contract Renewal for City Surveyor Consulting Services Staff Report 144 1. Original City Surveyor Contract 146 2. Contract Extension 164 Zoning Ordinance Amendment Modifying the Definition of Impervious Surface, Providing Site Coverage Credits, and Providing Exemptions for Driveways & Emergency Vehicle Access. Staff Report 166 Ordinance 168 PC Resolution with Exhibit A 173 PC staff Report with Attachments 177 Resident Letter 206 Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) Staff Report 209 Attachment A: Resolution 211 Attachment B: 2012 Brush Abatement Program Commencement Report 212 Attachment C: Public Hearing Notification to Public 213 Attachment D: Letters from Santa Clara County Fire Department to Property Owners 214 Conduit Financing for Saint Andrew's Parish Staff Report 223 Attachment A: Resolution Approving Issuance of Loan 226 Landscaping & Lighting Assessment District LLA -1 - Public Hearing, Approval of Engineer's Report, and Confirmation of Assessments for FY 12-13 Staff Report 228 1. Resolution Confirming Assessment 230 2. Engineer's Report 233 Zoning Ordinance Amendment Allowing Tasting Rooms as a Permitted Use in the Commercial -Historic Zoning District. Staff Report - Alcohol Sales 254 Att. 1 - Draft Ordinance 256 2 Att. 2 - PC Resolution 261 Att. 3 - PC Staff Report 265 Options for General Fund Expenditures Previously Allocated for Waste and Street Sweeping Services Staff Report 291 Request from Saratoga Little League to Extend Park Hours at Congress Springs Park for "Movie Night" Staff Report 294 1. Letter from Saratoga Little League 296 2. Resolution 297 Parks and Recreation Movie Night, September 8, 2012 PRC Movie Night 298 Wildwood Park Extension 300 Silicon Valley Climate Action and Energy Efficiency Planning Energy Efficiency Climate Action Plan 301 3 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, JUNE 6, 2012 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 31, 2012) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendations for Outgoing Youth Commissioners Recommended action: Read and present commendations. 2. Appointment of Youth Commissioners and Oath of Office Recommended action: Adopt the attached resolution appointing 8 members to the Saratoga Youth Commission and direct the City Clerk to administer the Oath of Office. 4 SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. City Council Meeting Minutes Recommended action: Approve City Council minutes for the meetings on May 16, 2012 and May 4, 2005. 4. Review of Accounts Payable Check Register Recommended action: Review and accept check registers for the following accounts payable payment cycles: May 16, 2012 May 23, 2012 5. Treasurer's Report for the Month Ended April 30, 2012 Recommended action: Review and accept the Treasurer's Report for the month ended April 30, 2012. 6. Fiscal Year 2012/13 Gann Appropriation Limit Recommended action: Review report and adopt resolution approving the Gann Appropriation Limit for FY 2012/13. 7. Adoption of the Fiscal Year 2012/13 Operating & Capital Budget and Environmental Impact Assessment for new Capital Improvement Plan projects Recommended action: 1. Adopt resolution approving the Proposed FY 2012/13 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any changes related to late -breaking changes, minor corrections, carry forward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. 2. Adopt the attached Environmental Impact Assessment for new projects included in the FY 2012/13 Capital Improvement Plan update. 8. Resolution Authorizing Final Disposition of Certain City Records Recommended action: Adopt resolution authorizing final disposition of certain city records. 5 9. Resolution Calling for General Municipal Election — November 6, 2012 Recommended action: Adopt the attached resolution calling for a consolidated, General Municipal Election on November 6, 2012. 10. Motor Vehicle (MV) Resolution restricting parking on Saratoga Avenue Recommended action: Move to adopt a Motor Vehicle Resolution authorizing No Parking or Stopping on a portion of Trinity Avenue. 11. Motor Vehicle (MV) Resolution restricting parking on Trinity Avenue Recommended action: Move to adopt a Motor Vehicle Resolution authorizing No Parking or Stopping on a portion of Trinity Avenue. 12. Contract Extension for Scanning Services Recommended action: Approve a two-year contract extension with Peelle Technologies for scanning services and authorize City Manager to execute the same. 13. Contract Extension for Traffic Signal Maintenance Recommended action: Approve a two-year contract extension with Republic ITS for monthly maintenance and on call repair of traffic signals, and authorize the City Manager to execute the same. 14. Contract Renewal for City Surveyor Consulting Services Recommended action: Approve a two-year contract renewal with Giuliani and Kull, Inc. for City Surveyor Services and authorize the City Manager to execute the same. PUBLIC HEARINGS Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 15. Zoning Ordinance Amendment Modifying the Definition of Impervious Surface, Providing Site Coverage Credits, and Providing Exemptions for Driveways & Emergency Vehicle Access. Recommended action: Conduct a public hearing. Introduce and waive the first reading of the ordinance amending City Code Sections 15-06.370, 15-11.080, 15-12.080, 15-13.080, 15- 17.070 and 15-20.080 , and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. 16. Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) Recommended action: 1. Open public hearing, listen to public testimony, and close public hearing; and 6 2. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). 17. Conduit Financing for Saint Andrew's Parish Recommended action: 1) Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended; and 2) Adopt the resolution approving the issuance of a loan not to exceed $11,000,000 by the California Municipal Finance Authority (CMFA) for the benefit of Saint Andrew's Parish (including any affiliate thereof, the "Borrower") for the refunding of the outstanding principal amount of the Authority's Variable Rate Demand Revenue Bonds (Saint Andrew's Parish) Series 2006, for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). 18. Landscaping & Lighting Assessment District LLA -1 - Public Hearing, Approval of Engineer's Report, and Confirmation of Assessments for FY 12-13 Recommended action: Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 12-13. 19. Zoning Ordinance Amendment Allowing Tasting Rooms as a Permitted Use in the Commercial -Historic Zoning District. Recommended action: Conduct a public hearing, introduce and waive the first reading of an ordinance amending the City Code to allow tasting rooms in the CH zoning district, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. OLD BUSINESS 20. Options for General Fund Expenditures Previously Allocated for Waste and Street Sweeping Services Recommended action: Accept report and provide direction to staff regarding options for General Fund expenditures previously allocated for West Valley Solid Waste JPA dues, Household Hazardous Waste augmentation, and Street Sweeping services. NEW BUSINESS 21. Request from Saratoga Little League to Extend Park Hours at Congress Springs Park for "Movie Night" Recommended action: Adopt resolution approving request from Saratoga Little League to extend park hours at Congress Springs Park until 10:30 PM on June 15, 2012 in order to commemorate the end of the season. 7 22. Parks and Recreation Movie Night, September 8, 2012 Recommended action: Accept report and provide direction on the Park and Recreation Commission's recommendation that the Council pass a resolution allowing Wildwood Park to remain open until 10:00 p.m. on September 8, 2012 for Wildwood Cinema Movie night and authorize the Commission to seek funds from the Saratoga -Monte Sereno Community Foundation to pay for half of the total cost of the event. 23. Silicon Valley Climate Action and Energy Efficiency Planning Recommended action: Accept report and direct staff to participate with the County of Santa Clara and five other Santa Clara County cities in the Silicon Valley Climate Action and Energy Efficiency Planning. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Let's Move City Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee TEA Ad Hoc West Valley Mayors and Managers Association West Valley Sanitation District Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation KSAR Community Access TV Board SASCC Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Emily Lo Association of Bay Area Governments Highway 9 Ad Hoc Library Joint Powers Authority Sister City Liaison Village Ad Hoc Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Santa Clara Valley Water District Commission Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello 8 Chamber of Commerce Council Finance Committee County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council TEA Ad Hoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT 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 are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on May 31, 2012, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www.saratoga.ca.us Signed this 31St day of May 2012 at Saratoga, California. Crystal Morrow City Clerk 9 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2012 06/06 Regular Meeting —Joint Meeting with Planning Commission 06/20 Regular Meeting — (5:30 p.m. — Community Center) Joint Meeting with HOA's 07/04 Fourth of July —City Hall closed 07/18 Regular Meeting 08/01 Recess 08/15 Regular Meeting —Joint meeting with Hakone Foundation 09/05 Regular Meeting —Joint Meeting with Parks and Rec/PEBTAC 09/19 Regular Meeting —Joint Meeting with West Valley Board of Trustees 10/03 Regular Meeting —Joint Meeting with Saratoga/Monte Sereno Community Foundation 10/17 Regular Meeting -- Joint Meeting with Traffic Safety Commission 11/07 Regular Meeting —Joint Meeting with Library Commission 11/21 Regular Meeting —Joint Meeting with Saratoga Ministerial Association 12/04 City Council Reorganization 12/05 Regular Meeting —Joint meeting with HPC and Historical Foundation 12/19 Regular Meeting 10 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson City Clerk SUBJECT: Commendations for Outgoing Youth Commissioners RECOMMENDED ACTION: Read and present commendations. BACKGROUND: Attached are commendations recognizing the contributions and achievements of outgoing Youth Commissioners Kia Fariba and Sokena Zaidi. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The commendations will not be presented. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Page 1 of 2 11 Attachment A: Commendation for Kia Fariba Attachment B: Commendation for Sokena Zaidi Page 2 of 2 12 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING KIA FARIBA FOR HIS SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Kia Fariba was first appointed to the Saratoga Youth Commission in June 2006; and WHEREAS, as a Youth Commissioner, Kia demonstrated his leadership as a member of the Commission's Dance, Concert, Special Events, Teen Friendly Business Award, and Walk One Week Committees; and WHEREAS, Kia served as the Chair of the Commission in 2011 and again in 2012; and WHEREAS, Kia played a pivotal role in the improvement of the Commission's outreach to the greater Saratoga community; and WHEREAS, Kia will be graduating from high school this year and attending University of California, Berkeley in the fall; and WHEREAS, it is apparent to all who have worked with Kia that he is dedicated both to the Youth Commission and the Saratoga community and his service and contributions are greatly appreciated. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Kia Fariba for his dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 61I' day of June 2012. Chuck Page, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SOKENA ZAIDI FOR HER SERVICE ON THE SARATOGA YOUTH COMMISSION WHEREAS, Sokena Zaidi was first appointed to the Saratoga Youth Commission in June 2011; and WHEREAS, as a Youth Commissioner, Sokena demonstrated her leadership as a member of the Commission's Media and Walk One Week Committees; and WHEREAS, Sokena helped her fellow Commissioners by providing senior leadership this year; and WHEREAS, Sokena will be graduating from high school this year and attending University of California, Davis in the fall; and WHEREAS, it is apparent to all who have worked with Sokena that she is a dedicated and hardworking member of the community and her service and contributions are greatly appreciated by the community and the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Sokena Zaidi for her dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of June 2012. Chuck Page, Mayor City of Saratoga t4 S SAjti ..r?oto. MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson SARATOGA CITY COUNCIL PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson City Clerk SUBJECT: Appointment of Youth Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing 8 members to the Saratoga Youth Commission and direct the City Clerk to administer the Oath of Office. BACKGROUND: A total of 8 Saratoga Youth Commissioners will end their terms in 2012. Consequently, the City started recruitment for the vacancies in March 2012. A total of 38 applications were received before the application deadline on May 17, 2012. The Saratoga City Council held interviews on May 21, 2012 for the 8 vacancies on the Saratoga Youth Commission. Council has selected the following applicants to be appointed to the Youth Commission for two-year terms ending June 30, 2014 (terms of appointees end upon graduation from high school, if graduation occurs before June 30, 2014): Grade in Sept. First Name Last Name Incumbent 2012 School Bellarmine College Justin Lee No 10 Prep Shefali Vijay No 8 Miller Middle Nihar Agrawal Yes 9 Saratoga High Jane Chang Yes 11 Saratoga High Kaitlin Finch Yes 12 Saratoga High Somya Khare Yes 10 Lynbrook High Sierra Smith Yes 12 Saratoga High Anu Sreedhara Yes 11 Saratoga High FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Page 1 of 2 15 Appointments to the Youth Commission would not be made. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Update the City's Commission roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution of Appointment Attachment B: Oaths of Office Page 2 of 2 16 RESOLUTION 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING EIGHT MEMBERS TO THE SARATOGA YOUTH COMMISSION WHEREAS, eight vacancies were created on the Saratoga Youth Commission resulting from the expired terms of Nihar Agrawal, Jane Chang, Kia Fariba, Kaitlin Finch, Somya Khare, Sierra Smith, Anu Sreedhara, and Sokena Zaidi; and WHEREAS, Commissioners Nihar Agrawal, Jane Chang, Kaitlin Finch, Somya Khare, Sierra Smith, and Anu Sreedhara were eligible for reappointment; and WHEREAS, the City publicized the vacancies, accepted applications, and conducted interviews on May 21, 2012; NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following individuals were appointed to the Saratoga Youth Commission for 2 -year terms beginning July 1, 2012 and ending June 30, 2014 or upon high school graduation, if graduation occurs before June 30, 2014: First Name Last Name Incumbent Term Justin Lee No July 1, 2012 - June 30, 2014 Shefali Vijay No July 1, 2012 - June 30, 2014 Nihar Agrawal Yes July 1, 2012 - June 30, 2014 Jane Chang Yes July 1, 2012 - June 30, 2014 Kaitlin Finch Yes July 1, 2012 - June 30, 2014 Somya Khare Yes July 1, 2012 - June 30, 2014 Sierra Smith Yes July 1, 2012 - June 30, 2014 Anu Sreedhara Yes July 1, 2012 - June 30, 2014 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Morrow, City Clerk 17 Chuck Page, Mayor STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Justin Lee, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 18 Justin Lee, Member Youth Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Shefali Vijay, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 19 Shefali Vijay, Member Youth Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Nihar Agrawal, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 20 Nihar Agrawal, Member Youth Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Jane Chang, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 21 Jane Chang, Member Youth Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Kaitlin Finch, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 22 Kaitlin Finch, Member Youth Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Somya Khare, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 23 Somya Khare, Member Youth Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Sierra Smith, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 24 Sierra Smith, Member Youth Commission STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Anu Sreedhara, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 6th day of June 2012. Crystal Morrow City Clerk 25 Anu Sreedhara, Member Youth Commission S SAjti ..r?oto. MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson SARATOGA CITY COUNCIL PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve City Council minutes for the meetings on May 16, 2012 and May 4, 2005. BACKGROUND: The draft minutes for the Special and Regular Meeting on May 16, 2012 and Regular Meeting on May 4, 2005 are attached to this report for Council review and approval. Please note that the City Clerk's Office conducts periodic audits of City Council Meeting minutes. The minutes for the Meeting on May 4, 2005 could not be found in the City's records. Consequently, the Clerk's Office has reproduced these minutes for Council consideration and approval. The City Attorney has advised staff that there is no legal requirement for a member of the Council to be present at a meeting to vote on minutes for that meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Page 1 of 2 26 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: May 16, 2012 Special and Regular Meeting Minutes Attachment B: May 4, 2005 Regular Meeting Minutes Page 2 of 2 27 MINUTES SARATOGA SPECIAL CITY COUNCIL MEETING MAY 16, 2012 The City Council adjourned to Closed Session at 5:30 p.m. then held a Joint Meeting with representatives of Montalvo Arts Center at 6:00 p.m. SARATOGA REGULAR CITY COUNCIL MEETING MAY 16, 2012 Mayor Page called the regular meeting to order at 7:02 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo, Vice Mayor Jill Hunter, Mayor Chuck Page ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Morrow, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Mainini Cabute, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Morrow reported that pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 10, 2012. REPORT FROM CLOSED SESSION Mayor Page announced that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None Council Direction to Staff None ANNOUNCEMENTS Vice Mayor Hunter shared that the Saratoga Village Development Council will be holding A Sidewalk Affaire on June 23, 2012. The event will include a scavenger hunt, which the Youth Commission is helping to organize. Vice Mayor Hunter also noted the second anniversary of Council Member Susie Nagpal's passing. Council Member Lo announced that the 2012 Relay for Life of Saratoga will be on July 21, 2012 at St. Andrews in Saratoga and encouraged the public to participate in the event. Mayor Page noted that the City is accepting applications for the Saratoga Youth Commission. Additionally, the City will be holding a joint meeting with the City's homeowners and neighborhood associations on June 20, 2012. Interested residents should contact Debbie Bretschneider in the City Manager's Office at (408) 868-1216 or debbieb@saratoga.ca.us to RSVP. CEREMONIAL ITEMS 1. Commendation Honoring the 100th Anniversary of Montalvo Recommended action: Read and present the commendation to representatives of Montalvo Arts Center Mayor Page presented the proclamation to Angela McConnell, Executive Director of Montalvo Arts Center. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. City Council Meeting Minutes Recommended action: Approve City Council minutes for the April 23, 2012 Special Meeting, May 2, 2012 Special and Regular Meeting, and October 5, 2005 Special Meeting. Vice Mayor Hunter removed the item from the Consent Calendar to make a clarification to the May 2, 2012 City Council Minutes. She asked that the Minutes be revised to reflect that she voted in favor of the sign ordinance with the understanding that it would be reviewed within one year of adoption. Mayor Page invited public comment on the item. The following person requested to speak on the item: Kathleen Casey No one else requested to speak on this item. HUNTER/MILLER MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE APRIL 23, 2012 SPECIAL MEETING, MAY 2, 2012 SPECIAL AND REGULAR MEETING AS AMENDED, AND OCTOBER 5, 2005 SPECIAL MEETING. MOTION PASSED 5-0-0. 3. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable cycles: May 1, 2012 May 9, 2012 29 MILLER/HUNTER MOVED TO ACCEPT CHECK REGISTERS FOR THE MAY 1, 2012 AND MAY 9, 2012 ACCOUNTS PAYABLE CYCLES. MOTION PASSED 5-0-0. 4. Agreement for 2011 Emergency Management Performance Grant Recommended action: Approve the resolution authorizing execution of the agreement between the County of Santa Clara and the City of Saratoga granting program funds for the 2011 Emergency Management Performance Grant (EMPG) and authorize the City Manager to sign the agreement. RESOLUTION NO. 12-028 MILLER/HUNTER MOVED TO APPROVE THE RESOLUTION AUTHORIZING EXECUTION OF THE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA GRANTING PROGRAM FUNDS FOR THE 2011 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT. MOTION PASSED 5-0-0. 5. West Valley Clean Water Program Memorandum of Understanding Recommended action: Approve a Memorandum of Understanding (MOU) between the Cities of Campbell, Los Gatos, Monte Sereno and Saratoga and the West Valley Sanitation District for the West Valley Clean Water Program which provides Storm Water Pollution Control Coordination and Management Services, and authorize City Manager to execute the same. MILLER/HUNTER MOVED TO APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITIES OF CAMPBELL, LOS GATOS, MONTE SERENO AND SARATOGA AND THE WEST VALLEY SANITATION DISTRICT FOR THE WEST VALLEY CLEAN WATER PROGRAM WHICH PROVIDES STORM WATER POLLUTION CONTROL COORDINATION AND MANAGEMENT SERVICES, AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. 6. Transportation Development Act (TDA) Article 3 Application for the Saratoga Avenue Walkway Project Recommended action: Adopt resolution supporting the Metropolitan Transportation Commission's Transportation Development Act Article 3 Pedestrian/Bicycle Grant Application for the Saratoga Avenue Walkway Project. RESOLUTION NO. 12-029 MILLER/HUNTER MOVED TO ADOPT RESOLUTION SUPPORTING THE METROPOLITAN TRANSPORTATION COMMISSION'S TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE GRANT APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT. MOTION PASSED 5-0-0. 7. Safety Element Update Award of Contract 30 Recommended action: 1. Move to award a contract to RBF Consulting in the amount of $93,945 and authorize the City Manager to execute the contract in a form acceptable to ABAG; and 2. Move to award a contract to Cotton, Shires and Associates, Inc. in the amount of $50,000 to prepare an updated ground movement potential map. Council Member Miller requested that this item be removed from the Consent Calendar to obtain additional information about the recommendation to award the contract to RBF Consulting to update the Safety Element of the General Plan. Council Member Cappello also requested additional information about the recommendation to award a contract to Cotton, Shires and Associates, Inc. City Clerk Crystal Morrow addressed questions from the Council. Mayor Page invited public comment on the item. No one requested to speak. MILLER/CAPPELLO MOVED TO: 1. AWARD A CONTRACT TO RBF CONSULTING IN THE AMOUNT OF $93,945 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT IN A FORM ACCEPTABLE TO ABAG; AND 2. AWARD A CONTRACT TO COTTON, SHIRES AND ASSOCIATES, INC. IN THE AMOUNT OF $50,000 TO PREPARE AN UPDATED GROUND MOVEMENT POTENTIAL MAP. MOTION PASSED 5-0-0. PUBLIC HEARINGS 8. Fiscal Year 2012/13 Proposed Operating & Capital Budget Public Hearing Recommended action: Conduct a public hearing on the proposed FY 2012/13 Operating & Capital Budget, and provide direction to staff for budget adoption on June 6, 2012. Finance and Administrative Services Director Mary Furey presented the staff report on the Fiscal Year 2012/13 Proposed Operating and Capital Budget. Mayor Page invited public comment on the item. The following people spoke on the item: Cynthia Chang Elaine Roth A Participant in Recreation Instructor Elaine Roth's aerobics classes Kimberly Almalech No one else requested to speak. 31 Mayor Page proposed funding development of a Civic Theater Master Plan in the 2012/13 budget to identify ways to better accommodate the various uses of the Theater. Mayor Page requested additional information about how funds collected from West Valley Solid Waste Management Authority ratepayers for street sweeping will be used and asked that discussion on the use of the funds be added to a future City Council meeting. MILLER/LO MOVED TO DIRECT STAFF TO ADD THE REPLACEMENT OF THE JOAN PISANI COMMUNITY CENTER MULTIPURPOSE ROOM FLOOR WITH A HARDWOOD FLOOR TO THE LIST OF UNFUNDED CAPITAL IMPROVEMENT PROJECTS IN THE FY 2012/13 CAPITAL BUDGET AND RETURN TO COUNCIL IN SEPTEMBER WHEN FINAL BUDGET NUMBERS FOR THE 2011/12 FISCAL YEAR ARE AVAILABLE TO DETERMINE WHETHER TO FUND THE PROJECT. MOTION PASSED 5-0-0. MILLER/CAPPELLO MOVED TO SCHEDULE DISCUSSION ON FUNDING DEVELOPMENT OF A CIVIC THEATER MASTER PLAN IN SEPTEMBER WHEN FINAL BUDGET NUMBERS FOR THE 2011/12 FISCAL YEAR ARE AVAILABLE. MOTION PASSED 4-1-0 WITH HUNTER OPPOSING. MILLER/HUNTER MOVED TO DIRECT STAFF TO PRESENT THE FINAL 2012/13 FISCAL YEAR BUDGET AT THE JUNE 6, 2012. MOTION PASSED 5- 0-0. COUNCIL DIRECTION Schedule Council discussion on use of funds collected from West Valley Solid Waste Management Authority ratepayers for street sweeping before the end of June 2012. OLD BUSINESS None NEW BUSINESS 9. Community Event Grant Request — Independence Day Recommended action: Determine whether or not to approve the community event grant request for the Independence Day Celebration. City Clerk Crystal Morrow presented the staff report on the item. Mayor Page invited public comment on the item. The following person requested to speak: Sarah Okuno, the grant applicant No one else requested to speak. 32 MILLER/CAPPELLO MOVED TO APPROVE A $1625 COMMUNITY EVENT GRANT REQUEST FOR THE INDEPENDENCE DAY CELEBRATION. MOTION PASSED 5-0-0. 10. Provide Direction on P -C District Modifications Recommended action: Provide direction to the Planning Commission on updating the regulations within Article 15-16 P -C District. Community Development Director James Lindsay presented the staff report. Mayor Page invited public comment on the item. The following people requested to speak: Kathleen Casey Jeff Schwartz, San Marcos Road No one else requested to speak on the item. CAPPELLO/LO MOVED TO DIRECT THE PLANNING COMMISSION TO UPDATE THE REGULATIONS WITHIN ARTICLE 15-16 P -C DISTRICT WITH THE FOLLOWING PROVISIONS: - SPECIFIC FINDINGS ON PUBLIC BENEFIT TO THE COMMUNITY; - UPDATES TO ARTICLE 15-16 P -C DISTRICT WOULD CREATE BOUNDARIES FOR EXCEPTIONS; - UPDATES WOULD ENHANCE TRANSPARENCY AND CLARITY IN THE PROJECT REVIEW PROCESS. MOTION PASSED 5-0-0. 11. The Fall 2012 Saratogan Recommended action: Accept report and direct staff accordingly. Mainini Cabute, Administrative Analyst II in the City Manager's Office, presented the staff report. Vice Mayor Hunter expressed concerns that the Saratogan is difficult to find in the Recreation Activity Guide, noted that she liked the feature of the Parks and Recreation Commission, and suggested that the newsletter include a listing of upcoming events. Council Member Cappello said he liked the proposals for the newsletter theme and primary article topics. He suggested including descriptions and status updates of capital improvement projects that are underway. Council Member Miller suggested adding information about the City's Community Emergency Response Team. Additionally, an update on potential changes to the City's street sweeping would be a good topic once the changes are decided upon. 33 Council Member Lo proposed including the Annual Cleanup schedule and an explanation of the Cleanup process in the newsletter. Mayor Page asked to include a readership drawing in the newsletter. Mayor Page invited public comment on the item. No one requested to speak. 12. Designation of Voting Delegate for League of California Cities Annual Conference Recommended action: Designate a voting delegate and alternate for the League's Annual Conference City Clerk Crystal Morrow presented the staff report. Mayor Page invited public comment on the item. No one requested to speak. MILLER/CAPPELLO MOVED TO DESIGNATE MAYOR PAGE AS THE CITY'S VOTING DELEGATE AND CITY MANAGER DAVE ANDERSON THE ALTERNATE VOTING DELEGATE FOR THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Board — the Board will be meeting on April 18, 2012. Santa Clara County Cities Association — during the last meeting of the Cities Association, the Legislative Committee voted to support Assembly Bill 1816. Joint Venture Silicon Valley also presented information on the formation of a local economic development alliance. West Valley Sanitation District — District Director Bob Reid retired in April. The District Board is now in the process of recruiting a new Executive Director. Vice Mayor Jill Hunter Nothing to report Council Member Emily Lo Sister City Liaison — the Sister City group is coordinating a Muko, Japan delegation visit to Saratoga. The dates of the delegation trip will likely be decided in June or July. Council Member Howard Miller Council Finance Committee — the Finance Committee will be reviewing reserve policies. The policies should be ready for Council review before the next budget adoption. The Finance Committee is also looking at the finance -related elements of the strategic plan. Saratoga Ministerial Association — the Ministerial Association will be meeting the week of May 21, 2012. Valley Transportation Authority PAC — data on use of the State Route 237 Express Lane was discussed at the last meeting. Usage goals for the year have already been met and commute times are shorter for most commuters, with the exception of drivers that use State Route 237 between 9:00 a.m. and 10:00 a.m. 34 West Valley Solid Waste Management Joint Powers Authority — the Authority has a new Executive Director and took action on customer rates, which will increase by roughly 7%. Additionally, the Authority Board is planning to hold a retreat. Council Member Manny Cappello Chamber of Commerce — the Chamber met the week of May 7, 2012, but Council Member Cappello was unable to attend. Santa Clara County Emergency Council — at the last meeting, a presentation on the City of Campbell's emergency preparation efforts was made. Other cities will be making presentations at future meetings to share best practices. During the meeting, the group also held a discussion on how cities would respond should Stevens Creek Reservoir Dam become unstable during a large earthquake. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT None ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 10:24 P.M. MOTION PASSED 5-0-0. Minutes respectfully submitted: Crystal Morrow, City Clerk 35 MINUTES SARATOGA CITY COUNCIL MAY 4, 2005 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Labor Negotiators — (Government Code Section 54957.6) Agency designated representatives: Lorie Tinfow, Assistant City Manager Employee organization: Millman & Industrial Carpenters Local 262 Conference with Legal Counsel — Existing Litigation (Government Code Section 54956.9(a)) Hinz v. City of Saratoga (Santa Clara County Superior Court Case No. 105CV034746) Conference with Legal Counsel — Existing Litigation (Government Code Section 54956.9(c)) Thompson Pacific Construction v. City of Saratoga (Santa Clara County Superior Court Action No. 104 CV021639) MAYOR'S REPORT ON CLOSED SESSION Mayor King stated there was no reportable information from the Closed Session held prior to the Regular Council Meeting. Mayor King called the Regular City Council meeting to order at 7:00 p.m. and introduced Boy Scout Zachary Angel. Mayor King requested that Zachary lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Aileen Kao, Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King ABSENT: None ALSO Dave Anderson, City Manager PRESENT: Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Ann Sullivan, Deputy City Clerk Michele Braucht, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director 36 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 4, 2005 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 4, 2005, was properly posted on April 28, 2005. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS The following people requested to speak at tonight's meeting: Paul Miller addressed the Council regarding the noise pollution, unsafe traffic conditions, and speeding on Cox Avenue. Joanne Peth noted that she was speaking as a representative of the Citizens on Highway 9 Safety Committee. She thanked the Council and supportive citizens for their support of the Committee. She noted the Metropolitan Transportation Commission (MTC) just approved funding for the Pedestrian and Bicycle Safety Improvement Project on Highway 9 between Saratoga and Los Gatos. Ms. Peth added that the MTC ranked the project number 3 out of 40 projects and that the MTC was amazed at the cooperative efforts of the citizens of Los Gatos, Monte Sereno, and Saratoga. Citizen Ray addressed the Council regarding unsafe road conditions on Shannon Road in the Town of Los Gatos. DIRECTION TO STAFF Councilmember Waltonsmith requested that the Saratoga Traffic Commission look into the traffic and road conditions on Cox Avenue. Assistant City Manager Tinfow noted that the Traffic Commission meets again on June 9th and they would add this item to the agenda. Mayor King requested the Public Works Department place the speed trailer on Cox Avenue as well. Public Works Director Cherbone noted that he would direct his staff to place the speed trailer on Cox Avenue. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None ANNOUNCEMENTS Vice Mayor Kline announced that the Library Measure A passed with overwhelming support to continue the 10 year parcel tax, which will allow the library to continue with its existing hours of service. He added Measure B failed by a very narrow margin. He thanked the Friends of the Library and the volunteers for their campaign efforts regarding Measure A and B. 2 37 CEREMONIAL ITEMS 1. COMMENDATION — CELEBRATING THE GRAND OPENING OF THE SARATOGA RETIREMENT COMMUNITY STAFF RECOMMENDATION: Present commendation. Mayor King read the commendation and presented it to Susan Peterson, a representative from the Saratoga Retirement Community SPECIAL PRESENTATIONS 2. SUZANNE WOLF - SILICON VALLEY WORKFORCE INVESTMENT NETWORK STAFF RECOMMENDATION: Hear presentation and authorize the City Manager to execute the Memorandum of Understanding with the Silicon Valley Workforce Investment Network for employee support services. Suzanne Wolf provided a brief presentation regarding the mission statement of the Silicon Valley Workforce Investment Network. She concluded her presentation by asking the City Council to sign the memorandum of understanding for employee support services. WALTONSMITH/KLINE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH THE SILICON VALLEY WORKFORCE INVESTMENT NETWORK FOR EMPLOYEE SUPPORT SERVICES. MOTION PASSED 5-0-0. CONSENT CALENDAR 3A. APPROVAL OF CITY COUNCIL MINUTES — APRIL 20, 2005 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith removed this item for a correction. Referring to page 9, 5th paragraph, Councilmember Waltonsmith requested that the consensus of the City Council be amended to state: "Consensus of the City Council that they would not take any action in respect to CalTrans property in regards to volunteers in the Village as long as they do not start projects that would ultimately cost the City additional money in building or maintaining or liability ". WALTONSMITH/STREIT MOVED TO APPROVE MINUTES OF APRIL 20, 2005 AS AMENDED. MOTION PASSED 5-0-0. 3 38 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0-0. 3C. EXECUTION OF SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FISCAL YEAR 2005/2006 STAFF RECOMMENDATION: Approve contract and authorize the City Manager to execute the same. Councilmember Waltonsmith removed this item for discussion and clarification. Councilmember Waltonsmith expressed her concern that this item was being discussed and acted on by the Council prior to the presentation of the annual budget, which is the next scheduled item on this agenda. She noted that she prefers to discuss this item after the presentation of the annual budget. In addition, she wanted clarification regarding the cost of this service. She noted residents pay for individual basic services and the City pays for extra services such as the disposal of hazardous household waste in the community. She inquired if the residents could be charged for the disposal of hazardous household waste if the City doesn't fund this service. Councilmember Streit noted that he is not willing to make a decision on this item until after the budget presentation. Mayor King noted that a representative from the County was present this evening to provide answers to questions regarding the Hazardous Waste Collection Program. City Manager Dave Anderson noted the Council could proceed with the discussion of this item and not make any funding decisions until after the budget presentation. He suggested they continue this item until after the proposed budget public hearing. Council concurred that they would continue with the discussion of this item; however, they would not make any funding decision until after the budget presentation. John Cherbone, Public Works Director, presented staff report. Director Cherbone stated that each year the City augments the annual hazardous household waste budget. Three percent of the amount of the households should be served by the 3 percent of the tipping fees that are generated by the tonnage that comes from Saratoga's waste stream. Historically, that percent hasn't been enough to take care of the high participation that the City of Saratoga, as a city, uses compared to other cities in the County. He added Saratoga is up to 7 or 8 4 39 percent in terms of hazardous household waste disposal. He stated that the City has to augment their tipping fees, which actually don't generate the 3 percent that are supposed to be generated by the tipping fees, and are usually about $4,000 short. The amount that usually has to be augmented to that program is between $30,000 and $40,000 per year. He noted that they are proposing not to augment the Hazardous Household Waste Program due to the fact that the Environmental Fund is not whole at this point. In terms of their operating budget they are projecting a $12,000 deficit next year. The County Board of Supervisors approved a Countywide Hazardous Household Waste Fee to be collected at $1.84 on each ton of waste disposed at landfills located within the County or taken to non -disposal facilities located within the County and subsequently transported for disposal to landfills located outside of Santa Clara County. Every year the City has agreed to augment the program for the purpose of increased resident participation above the 3% base level of service. In FY 2003-2004 the augmentation was $50,000, FY 2004-2005 the augmentation was reduced by $10,000. Due to citywide budget constraints, staff is not recommending any additional funding to this program. Director Cherbone noted Rob D'Arcy, Hazardous Material Program Manager for Santa Clara County, was present to provide additional information regarding this item. Mr. D'Arcy explained that the Household Hazardous Waste Program (HHW) serves as a countywide program to about 24,000 households throughout the county and that they serve between 800-900 Saratoga households. Mr. D'Arcy stated recent regulations will begin to increase the demand for this type of service. There is a category of hazardous waste called Universal Waste, which is generated by everyone. Examples of universal waste include fluorescent lamps, batteries, and other products containing mercury. These items are deemed hazardous waste in the state of California. Recent regulations will make it illegal for residents to dispose these items in the trash and unfortunately, it will create additional pressures to manage that waste stream properly. This means providing the opportunity for residents to properly manage this waste. The regulations become effective February 9, 2006. Mr. D'Arcy stated that they anticipate increased participation and are attempting to develop alternative means of recycling opportunities for these waste streams. Responding to Councilmember Waltonsmith's question in regards to charging residents individually to participate in this service, Mr. D'Arcy stated that this would not be feasible because of the inventory process related to this service and it would be cost prohibitive to provide this service on a fee basis. Mr. D'Arcy asked the Council to consider some type of budget augmentation to satisfy the demand for Saratoga residents to properly dispose of their hazardous household waste. City Manager Anderson asked Mr. D'Arcy if he would be recommending an increase in tipping fees to the County Board of Supervisors. 5 40 Mr. D'Arcy responded yes, and added that it is his intention to bring this issue before the County Board of Supervisors before the end of the year. STREIT/WALTONSMITH MOVED TO CONTINUE THIS ITEM AFTER THE BUDGET PUBLIC HEARING — ITEM 4. MOTION PASSED 5-0-0. Council returned to this item after they concluded with Item 4 — Proposed Operating Budget for Fiscal Year 2005-2006. Mayor King invited public comment. No one requested to speak on this item. Mayor King closed the public comment. COUNCILMEMBER STREIT/WALTONSMITH MOVED TO APPROVE CONTRACT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FISCAL YEAR 2005/2006. MOTION PASSED 5-0-0. 3D. RESOLUTION DECLARING BRUSH GROWING ON CERTAIN PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 05-028 STREIT/KLINE MOVED TO ADOPT RESOLUTION DECLARING BRUSH GROWING ON CERTAIN PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING FOR JUNE 1, 2005. MOTION PASSED 5-0-0. 3E. AWARD OF CONTRACT TO WARREN B. HEID, ARCHITECT STAFF RECOMMENDATION: Approve contract; Authorize City Manage to execute contract; Adopt budget resolution. Councilmember Waltonsmith removed this item for discussion. Councilmember Waltonsmith requested clarification regarding the letter Mr. Hyde sent to staff that included proposed changes to the contract. She asked if the City could accommodate Mr. Heid's proposed changes. Community Development Director John Livingstone explained that the City could accommodate the proposed changes that Mr. Hyde made to the contract. Next Councilmember Waltonsmith referred to the shed that was attached to the 6 41 McWilliams House and noted that due to termite damage it was torn down. She stated that the shed was used to store city artifacts and since the shed was torn down the Museum now stores these artifacts at the North Campus. She noted the Museum needs another place to store the city's artifacts and would like the construction of a new storage facility be added to Mr. Heid's contract. RESOLUTION: 05-027 WALTONSMITH/KLINE MOVED TO APPROVE CONTRACT AS AMENDED AND ADOPT BUDGET RESOLUTION. MOTION PASSED 5- 0-0. 3F. FINAL MAP APPROVAL FOR TWO LOTS LOCATED AT SARATOGA CREEK DRIVE. OWNER: WARREN A. STURLA STAFF RECOMMENDATION: 1. Move to adopt Resolution granting final map approval of vesting tentative map application No. SD -99-006 for two lots located at Saratoga Creek Drive. 2. Move to authorize the City Manager to execute the Subdivision Improvement Agreement. Councilmember Waltonsmith removed this item for clarification. RESOLUTION: 05-029 WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF VESTING TENTATIVE MAP APPLICATION NO. SD -99-006 FOR TWO LOTS LOCATED AT SARATOGA CREEK DRIVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED 5-0-0. PUBLIC HEARINGS 4. PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2005-2006 STAFF RECOMMENDATION: Conduct public hearing; direct staff accordingly. Michele Braucht, Administrative Services Director, presented the staff report. Director Braucht explained that the City Council conducted two public study sessions in March with a goal of identifying priorities and meeting a net reduction target of $1,200,000. At those study sessions the Council divided the budget priorities into three groups: the CORE priorities or must provide; Should Provide; and Class C, what you would like to provide if funding was available. The Council made specific budget reductions totaling approximately $1,400,000. Director Braucht stated that the Council also defined the "New Normal" and the direction Council envisioned for the City as well as how to address the Council priorities. As a result of that discussion, the Council added approximately 7 42 $500,000 in expenditures for items Council felt were important such as: $100,000 for the Neighborhood Resource Officer; $150,000 towards employee retention; $125,000 to start the implementation of Internal Service Funds; $25,000 reserve for insurance claims; $50,000 for a fee study to work on the current Master Fee Schedule validation of those fees and update to the Cost Allocation Plan. Director Braucht noted this is the first budget reflecting $60,100 as the interest earnings on the Designated Operating Fund that shows that increase in funding. Director Braucht went on to explain the General Fund Revenue Summary and General Fund — Expenditure Summary. There was Council discussion regarding the proposed budget with questions presented on various budget line items. Director Braucht provided clarity regarding the questions presented by Council. Mayor King opened the public hearing for comment. The following people requested to speak on this item: Sheila Arthur, Interim Executive Director for the Saratoga Chamber of Commerce, requested that the City continue to provide funding for Celebrate Saratoga. Nomita Shahani, President of the Saratoga Chamber of Commerce, introduced the new executive director — Kathy Phelan. Ms. Shahani also requested that the Council continue to support Celebrate Saratoga. Beverly Tucker, representative of the Saratoga Employee Association (SEA), read a letter stating that for the past two years, SEA has made an effort to work in partnership with the City Council and management staff by agreeing to merit freezes, two-year contracts, and supporting Council decisions. SEA embraces the suggestion that things will eventually get better and this hope was greatly renewed when the "New Normal" framework was introduced. Ms. Tucker acknowledged that staff will continue to be asked to do considerably more with fewer and fewer resources. Staffing levels will be at a 5 -year low and noted high staff turnover impacts efficiency and productivity. She concluded by stating compensation continues to be funded below levels provided by other cities. Trudi Burney requested the City Council continue funding the Wildlife Center. No one else requested to speak on this item. Mayor King closed the public hearing for comment. Referring to the budget workshops held earlier in the year, Vice Mayor Kline stated that it would be a mistake to undo the decisions Council made in those workshops. Vice Mayor Kline stated that the City cannot continue to fund outside agencies due to the economic environment and that they need to be self-sufficient; he does not support the augmentation of $35,000 for the HHW Program; and feels it is necessary to create a Village Association. He stated he is very supportive of the employees. 8 43 Vice Mayor Kline stated that he supports using the current year's Council Contingency Fund to fund the following: Village Shuttle— $8,000 Celebrate Saratoga — $9,000 Wildlife Center - $4,000 HHW — No funding Councilmember Kao stated that she supports funding for the following: Village Shuttle — $5,000 Celebrate Saratoga — $13,000 Councilmember Waltonsmith questioned the justification of funding Celebrate Saratoga in a bad economy when we are cutting funds for other organizations. Councilmember Waltonsmith indicated she supports: Underfunding the Chamber's request of $13,000 for Celebrate Saratoga to $9,000; the Chamber should look for barricade funding from a donor; the Chamber should then contract with the City to provide in-kind barricade service. She recommended taking the $4,000 savings from the barricade rental for Celebrate Saratoga and applying some of it to the Wildlife Center and some towards the augmentation of the HHW program in order to prevent illegal dumping of hazardous household waste. She supported $5,000 for the Village Shuttle Program. Councilmember Streit stated that he feels we do not have a normalized budget. He noted the City is not budgeting adequately for city streets, city buildings and infrastructure; and is reducing funding to the Sheriff's budget by $333,000. Instead, the City is funding special interest groups or outside agencies such as SASCC, KSAR, Chamber of Commerce, and the Wildlife Center. He agreed with Vice Mayor Kline that these agencies should be providing their own funding and should not be asking the City to provide funds annually. He noted the outside agencies should consider any funds granted this year to be a transitional funding to no more funding as of July 1, 2006. He also agreed with Vice Mayor Kline that it would be a mistake to undo the decisions Council made in the budget workshops held earlier in the year. Councilmember Streit thanked Ms. Tucker for her comments and stated that he feels that the Council should consider staff concerns and city services. Councilmember Streit said he supports funding for the following: Village Shuttle - $5,000 Celebrate Saratoga — $9,000 and in kind service for the street barricades Wildlife Center - $4,000 HHW — No funding Vice Mayor Kline noted at this point that he agrees with Councilmember Streit regarding no more funding allocations for outside agencies starting in June 2006. He said he also feels that an allocation of $5,000 for the Shuttle program isn't sufficient and would be supportive of allocating $7,000 for this item. Mayor King stated that she supports funding for the following: Village Shuttle Program — $8,000 9 44 Chamber of Commerce — $13,000 Wildlife Center — $5,000 HHW — No funding Councilmember Streit stated that he supports Vice Mayor Kline's recommendation to allocate $7,000 for the Village Shuttle item. Councilmembers Kao and Waltonsmith also concurred to the new proposed allocations. Vice Mayor Kline summarized the discussion of the funding allocations to outside agencies: Village Shuttle - $7,000 Celebrate Saratoga - $9,000 (Barricade service provided by the City by using the $4,000 savings from the initial request of $13,000) Wildlife Center - $4,000 HHW — No funding DIRECTION TO STAFF: Council directed staff to allocate $20,000 from this year's Council Contingency Fund for the above noted agencies and to include this budget adjustment in the final 2006 budget proposal to be voted on at an upcoming Council meeting. Councilmember Waltonsmith stated that she does not agree with Councilmember Streit's comment earlier stating that outside agencies should not receive council funding after this year. She noted that topic should be agendized for additional discussion at a later date. Vice Mayor Kline stated that the City has to communicate concerns regarding un- funded mandates to the County. Mayor King referred to speaker Beverly Tucker and her earlier comments regarding customer service and noted that it is her feeling that resident expectations of customer service satisfaction are too high for what the employees can adequately provide at this time. She added that the City may have to acquiesce and let the residents know that the level of service they are accustomed to may decline, due to the reduced number of city employees. At this point Council returned to CONSENT CALENDAR Item 3C — Execution of Second Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program for Fiscal Year 2005/2006. [This item was continued until after the BUDGET PUBLIC HEARING — Item 4] OLD BUSINESS 5. REQUEST FOR FUNDING FOR THE VILLAGE SHUTTLE PROGRAM STAFF RECOMMENDATION: Accept report and direct staff accordingly. Council noted that even though the Council has already voiced their recommendation regarding funding for this item, staff should present the staff 10 45 report. Assistant City Manager Lori Tinfow explained that the City originally funded the $10,000 shuttle costs and coordinated all aspects of the program. She noted bus service from West Valley College was provided to people going to Villa Montalvo concerts or to the Village for dining before attending concerts. With the departure of key staff and Council's decision to discontinue the Economic Development program, resources to continue the shuttle program for 2006 were not readily available. Ms. Tinfow stated City staff worked with Village businesses and Villa Montalvo last summer to launch a new shuttle program with the goal of increasing the number of visitors to the Saratoga Village. In February of 2005, Village businesses and Villa Montalvo contacted the City regarding plans to offer the shuttle program. She noted that the Village Ad Hoc Committee and staff members were asked to attend several meetings to determine whether the Village business community and Villa Montalvo could pool enough resources to offer the shuttle service without the City's help. To date they have collected a total of $8,700 from the following sources: • Villa Montalvo — $5,000 • Village Businesses — $2,700 • Chamber of Commerce — $1,000 Assistant City Manager Tinfow stated that a total of $21,000 is required for the concert season starting June 1, 2005. The Village businesses need an additional $12,300 to fund the entire concert season and are requesting a contribution from the City. Mayor King invited public comment. The following people requested to speak on this item: Karen Garellis, owner of Viaggio's Restaurant on Big Basin Way, spoke in support of the Village Shuttle program. She noted that Village merchants have created the Village Association to meet the challenges of funding the $21,000 cost to run the Village Shuttle for the next concert season. She added the Association has signed up 35 merchants and business owners to contribute to the cause. Each will pay a flat fee and will be charge incrementally for each rider — with an estimate of a $4,800 contribution through this program. She added Villa Montalvo has agreed to donate $5,000 to this program; the Saratoga Chamber of Commerce has agreed to donate $1,000; and the Saratoga Rotary Club has agreed to review the Association's application for a grant and will be voted on at the end of this month. She concluded by asking the City Council to fund $8,000 for the continuation of the Village Shuttle. Bill Cooper, owner of Bella Saratoga on Big Basin Way, spoke in support of the Village Shuttle program. 11 46 Greg Pasch, owner of the Plumed Horse restaurant on Big Basin Way, spoke in support of the Village Shuttle program. KLINE/WALTONSMITH MOVED TO DIRECT STAFF TO ALLOCATE $7,000 FROM THE 2004/2005 COUNCIL CONTINGENCY FUND TO BE USED FOR THE 2005/2006 VILLAGE SHUTTLE PROGRAM. MOTION PASSED 5-0-0. Mayor King declared a five minute break at 9:30 p.m. Mayor King reconvened the Regular meeting at 9:35 p.m. At this time Councilmember Kao had to leave the Dais and was not present to participate in the discussion of the following items: 6. REQUEST FOR FURTHER DIRECTION RELATED TO COMMISSION RESTRUCTURING STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented the staff report. Assistant City Manager Tinfow noted that in March of 2005, the Council directed staff to implement the restructuring of the City's Commissions. At that time, Council recommended the suspension of the Arts Commission and the Parks and Recreation Commission for one year and after one year Council would re-evaluate budget resources during the next budget cycle. Additionally, Council recommended the Finance Commission be converted to a Finance Adhoc and to focus only on policy issues. The Public Safety Commission was converted to Traffic Safety Commission and would meet quarterly. Their focus would only be on traffic -related policy issues or other Council assignments. The Library Commission would only meet quarterly with a focus on policy. The Planning Commission, Heritage Preservation Commission, and Youth Commission would remain status quo. Ms. Tinfow noted Council also implemented changes regarding the disbursement of agenda packets. In order to be cost efficient, staff was directed to send the agenda packets via email to those individuals requesting this material. Assistant City Manager Tinfow noted that these changes would not be in effect until June 30, 2006. Resource allocation would be reviewed as part of the budget development process cycle for 2006-2007 and at that time Council would revisit staff resources and determine whether or not additional staff could be hired to restore support to commission activities at the previous level. Ms. Tinfow stated that there are two remaining issues that need to be resolved. One is the art wall and the displaying of art exhibits at the Saratoga Library, noting this service was previously provided by members of the Arts Commission. Ms. Tinfow stated the Arts Commission had already identified artists for the library art 12 47 wall display starting in February 2005 through February 2006. Ms. Tinfow provided Council with two options for the continuance of the art display: o City staff or Saratoga Library staff along with volunteers could handle the art exhibit process. There would be no process for generating new exhibits. o Dolly Barnes offer to coordinate a group of volunteers to continue with the same process utilized by the Arts Commission for identifying artists and displaying art on the art wall. The second unresolved issue pertains to the Trails Subcommittee. This group started out as part of the Parks and Recreation Commission. They met on their own without staff involvement and didn't comply with the Brown Act requirements. With the Parks and Recreation Commission on hold, they no longer have a connection to the City. She noted Council had expressed an interest in keeping this group involved in City projects and had directed staff to provide them with options for their continued involvement. The proposed options include: o Designate the group as City volunteers and they would be required to convey status reports to Director Cherbone. o The group becomes a subcommittee to the Traffic Safety Commission and is subject to the Brown Act. o Designate this group as a separate stand-alone subcommittee that reports to Director Cherbone and is subject to the Brown Act. o Suspend the group. In addition, Ms. Tinfow noted that she has been asked by many commissioners the definition of suspension and whether or not the suspended commissioners need to continue to comply with the Brown Act and the FPPC requirements — such as filing annual Form 700's, etc. Council discussed the various options presented. Referring to the library art wall, Vice Mayor Kline stated that the library staff and volunteers could handle the art wall. Councilmember Streit stated he concurred with Vice Mayor Kline. Councilmember Waltonsmith stated using the library staff and volunteers is a good compromise. Regarding the Trails Subcommittee, Waltonsmith stated she prefers that the trails group be attached to some group but not necessarily to the Traffic Safety Commission and that they be subject to the Brown Act. Councilmember Streit voiced his concerns about creating a Trails stand alone committee because it would create more work for Public Works staff. Director Cherbone noted he prefers the group to be designated as a subcommittee, which would allow staff to have more control over the activities performed by the group. He added this group has been very self-sufficient and performs a great service to the City. Vice Mayor Kline and Councilmember Streit concurred with Director Cherbone. 13 48 Mayor King expressed a concern that the Arts Commission members may feel that they could also become a subcommittee overseeing the art wall. Vice Mayor Kline noted that the Trails Subcommittee has always been a subcommittee and was never a commission. The Trails Subcommittee could continue to exist and report to Director Cherbone instead of the Parks and Recreation Commission. City Attorney Taylor noted the big difference between these two entities is that the art wall is in the library and even though the building is owned by the City, the structure has been leased to the library. The trails are in the city, therefore the trails are city property and it is appropriate for the City to have a trails committee. Director Cherbone noted the Trails Subcommittee currently has five members; three Parks and Recreation commissioners and two members that were appointed by the Council. City Attorney Taylor stated Council should provide staff with direction as to how they would like this committee to be established. Council could appoint the members or they could delegate selection of committee members to Director Cherbone. City Attorney Taylor stated that the suspended commissioners are still appointed officials and are obligated to file the annual FPPC Form 700. In addition, he noted that he would be working with Assistant City Manager Tinfow regarding a resolution for Council adoption implementing all the changes to the commissions. The resolution will also reflect a new term expiration date that includes an additional year added to the term for those commissioners that are affected by the suspended commissions. COUNCIL DIRECTION: Council directed staff to: o Accept Dolly Barnes' offer to coordinate a group of volunteers to continue with the same process that the Arts Commission had done for identifying artists and displaying art on the art wall at the library. o Designate the Trails Subcommittee group as a separate stand-alone subcommittee that reports to Director Cherbone and is subject to the Brown Act. Members of the subcommittee will be appointed by Director Cherbone. o Inform the suspended commissioners that they are still appointed officials and are required to file the annual FPPC Form 700. o Provide the commissioners with a copy of the new resolution reflecting the changes in the various commissions and the new term expiration dates after it has been adopted by the Council. 14 49 NEW BUSINESS 7. TAX EQUITY ALLOCATION (TEA) RECOVERY STAFF RECOMMENDATION: Accept report and authorize contact with three other affected cities to determine if it is practical to pursue full recovery of TEA recovery. City Manager Dave Anderson presented the staff report. He explained that the City of Saratoga's low property tax rate was locked in by the legislation implementing Proposition 13. The Tax Equity Allocation (TEA) legislation was enacted in the 1980's to bring no/low tax cities up to 7% of the property tax rate. This legislation was tied to the State funding of County trial courts. The counties had the option of accepting or rejecting this proposal from the State. If they accepted the trial court funding they had to pass along the TEA funds to no/low tax cities in their jurisdictions. In Santa Clara County, no/low tax cities are: Saratoga, Cupertino, Los Altos Hills and Monte Sereno. At the time, Santa Clara County stated that the reimbursement from the State for trial court funding was less than the required TEA payments to the cities. They told the cities the only way they would support the legislation was if the cities would forfeit 45% of the TEA allocation to the County as an offset. Each of the cities in turn endorsed the concept under the theory that something is better than nothing. Since that time, the trial court funding to the counties has increased many times offsetting any losses for the TEA payments. Additionally, trial court funding is no longer tied to the TEA pass- through requirement. Because of the financial stress cities are experiencing, it would be a good time to rectify this inequity and allow the no/low tax cities in Santa Clara County to participate in the TEA to the same extent as other qualified cities in the State. The impact for Saratoga is approximately 1.2 million dollars per year. This is a substantial amount of money that the County takes from Saratoga annually under this legislation. City Manager Anderson stated that staff's recommendation is to contact the other three Cities to gauge their interest in restoring the TEA formula to 100%. If the other Cities support the concept, they should organize a multi jurisdictional committee to explore steps that could be taken to work with the County and State Legislators to modify the current Revenue and Taxation Code. Vice Mayor Kline noted that without the ERAF shift, the dollar amount may be closer to 2 million. He also feels that this inequity needs to be rectified and would like to see a resolution drawn up that is acceptable to the other three cities and the four cities meet together with the County in order to be more effective. The resolution should state that these are the only four cities in the State of California that are in this situation. He added that all four cities currently participate with the County on various boards that the County supports, therefore, this effort needs to be conducted as a group, not just one or two of the cities as the driving force. Councilmember Waltonsmith voiced her support; however, she felt the bigger cities should be the driving force rather than the City of Saratoga. She noted she 15 50 would like this item to come back with data regarding how much this will cost the City to pursue. She also feels the elected officials should meet with the County and that if a decision is made to rectify this inequity that the wording be very clear so that new members on the County Board of Supervisors cannot undo the decision. Mayor King stated that the other three cities have expressed an interest in seeing Saratoga's resolution so they can adopt the same resolution in their cities. In addition, she feels the resolution should reflect how the loss of this income affects city budgets and specifically note the impact in dollars and percentage of budget for each city for the next fiscal year. COUNCIL DIRECTION: Direct staff to contact the affected town/cities — Cupertino, Los Altos Hills and Monte Sereno, to gauge their interest and participation in restoring the TEA formula to 100% and to bring back to Council a resolution codifying the requests expressed by Council Members this evening. Additionally, the resolution should be worded so that it is acceptable to the other three cities. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King — reported: Association of Bay Area Government — City Attorney Taylor attended this meeting on her behalf. They introduced their new Executive Director — Henry Gardner. The budget was discussed and they decided not to increase membership dues this year. Hakone Foundation —Will be receiving a commendation from the Consulate General next Wednesday evening. The annual Hakone celebration will be held next weekend. Santa Clara County Cities Association — will meet next week. Santa Clara County Emergency Preparedness Council — Vice Mayor Kline attended the last meeting. He noted that the discussion revolved around emergency preparedness in the field of education and commented on the fact that the County Board of Education was not represented at the meeting. A motion was approved to invite the County Board of Education to be represented on the Emergency Preparedness Council. West Valley Mayors and Managers Association — There was a lot of discussion at the last meeting regarding the TEA issue and the four cities affected by this inequity expressed a great interest in rectifying this issue. Vice Mayor Norman Kline —reported: Library Joint Powers Association — Measure A passed with an overwhelming support to continue the 10 year parcel tax, which will allow the library to continue with its existing hours of service to the community. Valley Transportation Authority PAC — Discussions continue on expanding BART service to downtown San Jose. 16 51 Councilmember Nick Streit — reported: Recycling & Waste Water Reduction Commission of SCC — attended the meeting last week and the main issue was the fee increase, which will be effective by June 30, 2005. West Valley Solid Waste Joint Powers Association — they are actively working on the disposal contract and will bring the draft to the subcommittee in the a couple weeks. West Valley Sanitation District — discussion continues on how much the District is willing to pay Los Gatos to take over their sanitation trunk lines. City/School Adhoc — has not met since they met with the Saratoga Union School District. They will be resuming meetings shortly. Councilmember Aileen Kao — was absent at this point of the meeting. Councilmember Ann Waltonsmith — reported: KSAR Community Access TV Board — they are in the process of rewriting their by-laws and drafting a contract for the executive director. Saratoga Historic Foundation — has scheduled fundraising events on the following dates: o May 7 —Tasteful Afternoon o May 16 — Potluck and a presentation by Bob Engels, retired executive director of the San Jose Mercury News o May 19 — Presentation on The Hidden History of Hakone Gardens o June 18, 19 — Garden tours Sister City Liaison — Pot luck dinner on May 20, 2005 and a professional Japanese banjo player will be performing at Hakone Gardens. CITY COUNCIL ITEMS Councilmember Waltonsmith: Noted the Saratoga Foothill Club was recently added to the National Register of Historic Places. She requested that the Foothill Club be presented with a commendation celebrating their historic designation status. The Saratoga Retirement Community Center invited the Council to join them for lunch and a tour of their facilities. She requested a status report on the landslide issue on Highway 9. City Manager Anderson stated that an update would be in the next Council newsletter. She asked to bring back for Council discussion the $23,000 CDBG money. She also expressed her concern about the non -funding of the hazardous household waste and asked for a status report in a couple months by the Council liaison to the Recycling & Waste Reduction Commission of SCC. Councilmember Streit expressed his concern regarding a recent Planning Commission decision to approve a Conditional Use Permit Application submitted by Metro PCS to place a cell site in the Heritage Orchard at the Saratoga Library. He would like the Council to look at this due to the safety and esthetic issues. Mayor King supported this request. 17 52 Mayor King requested a weekly update on the Signal Light Project on Seagull Avenue. City Manager Anderson stated that an update would be in the next Council newsletter. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor King asked for a motion to adjourn the meeting. STREIT/KLINE MOVED TO ADOURN THE REGULAR COUNCIL MEETING at 10:45PM. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KAO ABSENT. Respectfully submitted, City Clerk 18 53 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: Finance & Administrative Services PREPARED BY: Mary Furey AGENDA ITEM: CITY MANAGER: Dave Anderson DEPT. DIRECTOR: Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: May 16, 2012 May 23, 2012 REPORT SUMMARY: Attached are Check Registers for: Date Check No. Issued to Fund Dept. Purpose Amount Prior Check Register 120172 G Bortolotto Starting Ending Total 65,340.25 Checks 120199 Ending Check Type of Checks Date Check No. Check No. Checks Amount Released Date No. Accounts Payable 5/16/12 120156 120212 57 167,638.59 05/16/12 5/9/12 120155 Accounts Payable 5/23/12 120213 120241 29 51,839.58 05/23/12 5/16/12 120212 Accounts Payable checks issued for $20,000 or greater: Date Check No. Issued to Fund Dept. Purpose Amount 5/16/12 120172 G Bortolotto CIP/Gas Tax Funds PW 2012 Pavement Mgmt 65,340.25 5/16/12 120199 Shute Mihaly, etc. General Fund ND Legal Services 33,373.60 Accounts Payable checks voided during this time period: AP Date Check No. Issued to Status Amount 12/16/10 116800 Julie Le Void - reissue 1,780.00 2/3/11 117134 Susan Little -Nell Void 3,400.00 7/23/10 115677 Alpa Kahli Void 75.00 54 Cash reductions by fund: Fund # Fund Description 05/16/12 05/23/12 Total 111 General Fund 72,372.18 15,072.64 87,444.82 231 Village Lighting 204.00 204.00 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape - 245 Fredericksburg Landscape - 246 Greenbriar Landscape - 247 Kerwin Ranch Landscape 248 Leutar Court Landscape - 249 Manor Drive Landscape 251 McCartysville Landscape - 252 Prides Crossing Landscape - 253 Saratoga Legends Landscape - 254 Sunland Park Landscape 255 Tricia Woods Landscape 271 Beauchamps Landscape 272 Bellgrove Landscape 2,784.88 2,784.88 273 Gateway Landscape - 274 Horseshoe Landscape/Lighting - 277 Village Commercial Landscape - 311 Library GO Bond Debt Service 115.20 115.20 411 CIP Street Projects 59,788.74 5,542.34 65,331.08 412 CIP Park & Trail Projects 9,746.79 9,746.79 413 CIP Facility Projects 1,263.80 12,810.12 14,073.92 414 CIP Admin Projects 420.40 420.40 421 Tree Fund - 431 Grant Fund - CIP Streets - 432 Grant Fund - Parks & Trails - 433 Grant Fund - Facilities 454.00 434 Grant Fund - Admin Projects 511.85 481 Gas Tax Fund 10,218.56 10,218.56 611 Liability/Risk Mgt 335.00 335.00 612 Workers' Comp 250.00 250.00 621 Office Support 1,413.00 1,413.00 622 IT Services 263.15 17,413.42 17,676.57 623 Vehicle & Equipment Maint 5,818.54 321.34 6,139.88 624 Building Maintenance 1,678.50 679.72 2,358.22 632 IT Equipment Replacement - TOTAL 167,638.59 51,839.58 - - - 218,512.32 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format 55 SUNGARD PUBLIC SECTOR DATE: 05/16/2012 TIME: 14:50:51 PAGE NUMBER: 1 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120516 00:00:00.000' ACCOUNTING PERIOD: 11/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 11111 11111 11111 11111 11111 TOTAL 120156 05/16/12 546 120157 05/16/12 798 120158 05/16/12 766 120159 120159 120159 CHECK 05/16/12 327 05/16/12 327 05/16/12 327 11111 120160 05/16/12 13 11111 120161 11111 120161 TOTAL CHECK 05/16/12 825 05/16/12 825 120162 05/16/12 935 120163 05/16/12 229 120164 05/16/12 1023 120165 05/16/12 591 120166 05/16/12 564 120167 120167 120167 120167 CHECK 120168 120168 120168 120168 120168 120168 120168 120168 CHECK 05/16/12 211 05/16/12 211 05/16/12 211 05/16/12 211 05/16/12 651 05/16/12 651 05/16/12 651 05/16/12 651 05/16/12 651 05/16/12 651 05/16/12 651 05/16/12 651 11111 120169 05/16/12 416 11111 120170 05/16/12 419 11111 120170 05/16/12 419 TOTAL CHECK 11111 120171 05/16/12 1058 11111 120172 05/16/12 452 VENDOR BUDGET UNIT ABAG POWER PURCHASING PO 6246202 ANGELINA, PATRICIA 1116101 BEAR, KATE 1114101 BELANGER, CHRISTINE BELANGER, CHRISTINE BELANGER, CHRISTINE BRYANT, CHRISTOPHER CANDACE TROY CANDACE TROY 1116101 1116101 1116101 1116101 1116101 1116101 CHRISP COMPANY 411 COAST OIL COMPANY LLC 6235202 CONTRACT SWEEPING SERVIC 1115103 DANCE FORCE LLC 1116101 DE LAGE LANDEN PUBLIC FI 6213102 DEEP CLIFF GOLF COURSE DEEP CLIFF GOLF COURSE DEEP CLIFF GOLF COURSE DEEP CLIFF GOLF COURSE 1116101 1116101 1116101 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 ELLA CHEKHANOVSKAYA 1116101 EVANS WEST VALLEY SPRAY 1115301 EVENT SERVICES EVENT SERVICES FULCRUM POINT 1115301 1115301 6128501 G BORTOLOTTO & COMPANY, 411 56 DESCRIPTION SALES TAX GAS SRV 05/12 0.00 INSTRUCTOR-ROSEN MTH 0.00 ISA CONF/HOTEL REIM 0.00 INSTRUCTOR - BALLROOM INSTRUCTOR - BALLROOM INSTRUCTOR - BALLROOM INSTRUCTOR - GUITAR INSTRUCTOR - PAINTING INSTRUCTOR - PAINTING RETENTION PYMT PO#034 UNLEADED/DIESEL CTY WIDE ST SWEEPING INSTRUCTOR - DANCE COPIER 04/21-05/20 INSTRUCTOR - GOLF INSTRUCTOR - GOLF INSTRUCTOR - GOLF INSTRUCTOR - GOLF INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM SPRAY/HARTMAN OAK MTHLY RNTL-PROSP04/12 MTHLY RNTL-WVC 04/12 05/09/12 SEMINAR RETENTION HELD PO#097 AMOUNT 985.81 177.00 107.94 0.00 252.00 0.00 210.00 0.00 210.00 0.00 672.00 0.00 529.20 0.00 341.25 0.00 262.50 0.00 603.75 0.00 2,384.20 0.00 4,124.59 0.00 7,869.00 0.00 65.40 0.00 1,413.00 0.00 108.42 0.00 162.24 0.00 325.26 0.00 477.36 0.00 1,073.28 0.00 191.81 0.00 57.22 0.00 114.44 0.00 200.26 0.00 65.19 0.00 194.17 0.00 293.36 0.00 134.40 0.00 1,250.85 0.00 175.00 0.00 303.10 0.00 151.55 0.00 454.65 0.00 250.00 0.00 -7,260.02 SUNGARD PUBLIC SECTOR DATE: 05/16/2012 TIME: 14:50:51 PAGE NUMBER: 2 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120516 00:00:00.000' ACCOUNTING PERIOD: 11/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 11111 11111 TOTAL 11111 11111 11111 TOTAL 11111 11111 11111 TOTAL 120172 120172 120172 CHECK 120173 120173 120173 CHECK 120174 120175 120176 120177 120178 120178 120178 CHECK 05/16/12 452 05/16/12 452 05/16/12 452 05/16/12 454 05/16/12 454 05/16/12 454 05/16/12 05/16/12 05/16/12 05/16/12 05/16/12 05/16/12 05/16/12 VENDOR BUDGET UNIT G BORTOLOTTO & COMPANY, 4119111-001 G BORTOLOTTO & COMPANY, 4819111-001 G BORTOLOTTO & COMPANY, 4119111-001 GACHINA LANDSCAPE MANAGE 4119111-001 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 455 GARDENLAND POWER EQUIPME 1050 GOLDEN HARVEST CATERING 484 HIGHWAY TECHNOLOGIES, IN 14 HYDROTEC IRRIGATION EQUI 24 ICE CENTER OF CUPERTINO 24 ICE CENTER OF CUPERTINO 24 ICE CENTER OF CUPERTINO 11111 120179 05/16/12 61 11111 120180 05/16/12 63 11111 11111 TOTAL 11111 11111 TOTAL 120181 120181 CHECK 120182 120182 120182 120182 CHECK 120183 120183 CHECK 05/16/12 525 05/16/12 525 05/16/12 1008 05/16/12 1008 05/16/12 1008 05/16/12 1008 05/16/12 931 05/16/12 931 11111 120184 05/16/12 221 11111 120185 05/16/12 283 11111 11111 TOTAL 120186 120186 CHECK 11111 120187 11111 120187 TOTAL CHECK 05/16/12 145 05/16/12 145 05/16/12 168 05/16/12 168 1115301 1111201 4119111-001 1115301 1116101 1116101 1116101 INTERSTATE BATTERY SYSTE 6235202 INTERSTATE TRAFFIC CONTR 4119111-001 JAMELLO, NANCY JAMELLO, NANCY JET MULCH INC JET MULCH INC JET MULCH INC JET MULCH INC KATHLEEN M. CALLAN KATHLEEN M. CALLAN 1116101 1116101 2725302 4129211-003 4129211-003 4129211-003 1116101 1116101 LORAL LANDSCAPING, INC 1115301 MARTIN, JIM OFFICE DEPOT INC. OFFICE DEPOT INC. 111 1115301 1115201 ORCHARD SUPPLY HARDWARE- 1115301 ORCHARD SUPPLY HARDWARE- 1115201 57 DESCRIPTION 2012 PAVEMENT MANAGEME 2012 PAVEMENT MANAGEME 2012 PAVEMENT MANAGEME ALOHA/HWY09 05/12 STUMP REMVL/LONE&COX CLEANUP-SARA/MELLON SUPPLIES - PARKS DEPOSIT -FALL PICNIC VESTS -STREETS RPR VALVE/BLANEY PLZA INSTRUCTOR -ICE SKTNG INSTRUCTOR -ICE SKTNG INSTRUCTOR -ICE SKTNG SUPPLIES - STREETS SUPPLIES - STREETS INSTRUCTOR - YOGA INSTRUCTOR - YOGA WOOD FIBER/PLAYGROUND WOOD FIBER/PLAYGROUND WOOD FIBER/PLAYGROUND WOOD FIBER/PLAYGROUND INSTRUCTOR -INTEGRATED INSTRUCTOR -INTEGRATED GATEWAY ANNUALS MEDICAL REIM MAR -MAY OFFICE SUPPLIES OFFICE SUPPLIES SUPPLIES - PARKS SUPPLIES - STREETS SALES TAX AMOUNT 0.00 9,381.71 0.00 10,218.56 0.00 53,000.00 0.00 65,340.25 0.00 390.00 0.00 150.00 0.00 750.00 0.00 1,290.00 0.00 54.13 0.00 500.00 0.00 53.58 0.00 111.33 0.00 192.00 0.00 48.00 0.00 48.00 0.00 288.00 0.00 106.03 0.00 389.70 0.00 217.00 0.00 93.00 0.00 310.00 0.00 734.88 0.00 3,519.67 0.00 1,585.79 0.00 4,641.33 0.00 10,481.67 0.00 267.00 0.00 133.50 0.00 400.50 0.00 1,190.00 0.00 600.00 0.00 73.28 0.00 73.27 0.00 146.55 0.00 197.68 0.00 36.64 0.00 234.32 SUNGARD PUBLIC SECTOR DATE: 05/16/2012 TIME: 14:50:51 PAGE NUMBER: 3 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120516 00:00:00.000' ACCOUNTING PERIOD: 11/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 11111 TOTAL 120188 120188 CHECK 05/16/12 890 05/16/12 890 11111 120189 05/16/12 278 11111 11111 TOTAL 120190 120190 CHECK 11111 120191 11111 120191 11111 120191 11111 120191 TOTAL CHECK 11111 120192 11111 120192 TOTAL CHECK 05/16/12 908 05/16/12 908 05/16/12 393 05/16/12 393 05/16/12 393 05/16/12 393 05/16/12 409 05/16/12 409 VENDOR BUDGET UNIT PEELLE TECHNOLOGIES, INC 1114201 PEELLE TECHNOLOGIES, INC 4149412-003 PETROTEK PRO DOOR & GLASS PRO DOOR & GLASS REED & GRAHAM, INC REED & GRAHAM, INC REED & GRAHAM, INC REED & GRAHAM, INC REPUBLIC ITS INC REPUBLIC ITS INC 6235202 4139322-001 4139322-005 4119111-001 4119111-001 4119111-001 4119111-001 2315302 4119111-001 120193 05/16/12 98 SARATOGA CHAMBER OF COMM 1111101 120194 05/16/12 505 SC FIRE DEPARTMENT 1116101 120195 05/16/12 136 SCOTTY'S AUTOMOTIVE 6235202 120196 05/16/12 500 SHARMIN KHAN 111 11111 120197 11111 120197 TOTAL CHECK 05/16/12 147 SHIMODA MICHIKO 1116101 05/16/12 147 SHIMODA MICHIKO 1116101 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 3118601 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 120199 05/16/12 154 SHUTE MIHALY & WEINBERGE 1118201 58 DESCRIPTION SCANNING -BUILDING SCANNING-CTY CLERK FUEL TESTING 04/12 5 THEATER DOORS 5 THEATER DOORS ASPHALT/STREETS ASPHALT/STREETS ASPHALT/STREETS ASPHALT/STREETS RPR/VILLAGE LIGHTING STREETLIGHT REPAIRS DESTINATION SARA 2012 INSTRUCTOR - CPR MAINTENANCE-VEH#114 REFUND - FACILITY INSTRUCTOR - IKEBANA INSTRUCTOR - IKEBANA CTY ATTN-COM DEVELOP CTY ATTN-OFC/CTY CNCL CTY ATTN-PUBLIC WORKS CTY ATTN-RECREATION CTY ATTN-CTY CLERKS CTY ATTN-CTY MANAGER CTY ATTN-WESTLAW CTY ATTN-ADMIN SRVCS CTY ATTN-ADVANCE PLAN CTY ATTN-INN AT SARA CTY ATTN-REIM EXPENSE CTY ATTN-ORDINANCE SURFACE ORDINANCE GENLGL-COM DEVELOP GENLGL-PUBLIC WORKS GENLGL-CTY MANAGER GENLGL-INN AT SARA GENLGL-HR GENLGL-SGN ORDINANCE SALES TAX AMOUNT 0.00 1,282.11 0.00 420.40 0.00 1,702.51 0.00 200.00 0.00 795.80 0.00 468.00 0.00 1,263.80 0.00 87.15 0.00 443.67 0.00 229.73 0.00 358.72 0.00 1,119.27 0.00 204.00 0.00 211.50 0.00 415.50 0.00 8,000.00 0.00 160.00 0.00 305.25 0.00 500.00 0.00 37.00 0.00 111.00 0.00 148.00 0.00 1,420.80 0.00 2,880.00 0.00 1,785.60 0.00 96.00 0.00 787.20 0.00 480.00 0.00 181.29 0.00 115.20 0.00 211.20 0.00 556.80 0.00 25.68 0.00 8,428.80 0.00 518.40 0.00 556.10 0.00 532.80 0.00 53.90 0.00 80.80 0.00 40.40 0.00 632.60 SUNGARD PUBLIC SECTOR DATE: 05/16/2012 TIME: 14:50:51 PAGE NUMBER: 4 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120516 00:00:00.000' ACCOUNTING PERIOD: 11/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 120199 05/16/12 154 11111 120199 05/16/12 154 11111 120199 05/16/12 154 11111 120199 05/16/12 154 11111 120199 05/16/12 154 11111 120199 05/16/12 154 TOTAL CHECK 11111 120200 05/16/12 884 11111 120200 05/16/12 884 TOTAL CHECK 11111 120201 05/16/12 253 11111 120202 05/16/12 336 11111 120203 05/16/12 726 11111 120204 05/16/12 1032 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 11111 120206 05/16/12 391 VENDOR BUDGET UNIT SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 1118201 SHUTE MIHALY & WEINBERGE 4119152-002 SHUTE MIHALY & WEINBERGE 111 STAPLES CONTRACT & COMME 1111101 STAPLES CONTRACT & COMME 1111101 STEVE BENZING ARCHITECT TLC ADMINISTRATORS TREES 360 DEGREES UNITED STATES TREASURY 111 4339314-004 1113301 2725302 US US US US US US US US US US US US US US US US US US US US US US US US US US US US US US US US BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK BANK PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING PURCHASING CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD CARD 1115301 6235202 6235202 1113101 1114201 1114101 1114101 1114101 1111201 4349441-0 1112201 1111101 6246202 1115301 1115102 1115101 1116101 6246202 1111201 1115101 1111201 1116101 1111101 4349441-0 1116101 6118401 1113301 1113301 1113301 6223201 6223201 6223201 DESCRIPTION OUTSIDE COUNSEL PARLEY-YELAVICH CODE ENFORCEMENT CODE ENF-REIM EXPENSE QUITO ROAD BRIDGES REIMBURSABLE WORK OFFICE SUPPLIES OFFICE SUPPLIES ADA PUBLIC COUNTERS 125 ADMIN FEE 05/12 TREE MAINT/BELLGROVE DED:2012 IRS LEVY SHAWN-SUPPLIES/PARKS VEHICLE SUPPLIES VEHICLE REPAIR#122 MARY -OFFICE SUPPLIES ABBY -PUBLIC STORAGE ABBY -OFFICE SUPPLIES WESTERN CHAPTER CONF ABBY-MTG EXPENSES CHRIS -HPC MEETING 01 PRINTED MATERIALS TTC CONF EXPENSES SUPPLIES/COUNCIL MTGS FACILITIES - SUPPLIES RANDY -SEMINAR PLOTTER PAPER AUTOCAD RENEWAL ADAM -MTHLY EMAILS FACILITIES - SUPPLIES TRAFFIC SFTY MTG LAMINATION SUPPLIES SUPPLIES 3/08/12 MTG KIM -EXCURSION EXPS CNCL MTG EXPENSE 3/15 01 TABACCO GRANT/SUPLIES TAYLOR-PLUGNPAY TAYLOR-ARM54 COURSE NCCIPMA-HR RENEWAL HR 2012 CONF FEES CAL CHAMBER RENEWAL LEO -ONLINE BACKUPS LEO-MODULE/PROJECTOR LEO -USB CHARGER 59 SALES TAX AMOUNT 0.00 5,702.67 0.00 67.50 0.00 1,209.10 0.00 697.50 0.00 118.80 0.00 6,194.46 0.00 33,373.60 0.00 81.21 0.00 5.67 0.00 86.88 0.00 454.00 0.00 175.00 0.00 2,050.00 0.00 405.00 0.00 88.48 0.00 278.55 0.00 227.22 0.00 50.00 0.00 89.00 0.00 95.00 0.00 75.00 0.00 8.78 0.00 15.94 0.00 351.29 0.00 604.28 0.00 27.20 0.00 672.78 0.00 235.00 0.00 205.43 0.00 385.80 0.00 85.00 0.00 19.91 0.00 5.75 0.00 73.68 0.00 29.00 0.00 2,615.04 0.00 7.50 0.00 160.56 0.00 30.00 0.00 335.00 0.00 60.00 0.00 110.00 0.00 42.26 0.00 101.95 0.00 80.00 0.00 51.96 SUNGARD PUBLIC SECTOR DATE: 05/16/2012 TIME: 14:50:51 PAGE NUMBER: 5 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120516 00:00:00.000' ACCOUNTING PERIOD: 11/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 120206 120206 120206 120206 CHECK 05/16/12 391 05/16/12 391 05/16/12 391 05/16/12 391 11111 120207 05/16/12 500 11111 120208 05/16/12 408 11111 120209 05/16/12 500 11111 11111 TOTAL 120210 120210 CHECK 120211 120211 120211 120211 120211 120211 120211 CHECK 05/16/12 544 05/16/12 544 05/16/12 441 05/16/12 441 05/16/12 441 05/16/12 441 05/16/12 441 05/16/12 441 05/16/12 441 11111 120212 05/16/12 445 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT VENDOR BUDGET UNIT US BANK PURCHASING CARD 6223201 US BANK PURCHASING CARD 1112201 US BANK PURCHASING CARD 1111101 US BANK PURCHASING CARD 1111101 WANG HAI AND KEKE TAN 111 WCBS - WEST COAST BUILDI 1115301 WENDY HARROP WHEEL WORKS WHEEL WORKS WHITLINGER, WHITLINGER, WHITLINGER, WHITLINGER, WHITLINGER, WHITLINGER, WHITLINGER, WONG, ELLEN JOHN JOHN JOHN JOHN JOHN JOHN JOHN 111 6235202 6235202 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 DESCRIPTION LEO-REMOTE/PROJECTOR DEBBIE -PARKING 2/22 DEBBIE -MAYOR MTG DEBBIE -COUNCIL MTGS REFUND - ARB10-0021 04/27/2012 SERVICES REFUND - FACILITY MAINTENANCE-VEH#123 MAINTENANCE-VEH#110 INSTRUCTOR - TENNIS INSTRUCTOR - TENNIS INSTRUCTOR - TENNIS INSTRUCTOR - TENNIS INSTRUCTOR - TENNIS INSTRUCTOR - TENNIS INSTRUCTOR - TENNIS INSTRUCTOR - MANDARIN SALES TAX AMOUNT 0.00 29.24 0.00 2.50 0.00 8.95 0.00 937.90 0.00 8,195.95 0.00 1,720.00 0.00 180.00 0.00 300.00 0.00 237.31 0.00 339.59 0.00 576.90 0.00 331.08 0.00 220.72 0.00 275.90 0.00 441.44 0.00 331.08 0.00 275.90 0.00 331.08 0.00 2,207.20 0.00 468.00 0.00 167,638.59 0.00 167,638.59 0.00 167,638.59 SUNGARD PUBLIC SECTOR DATE: 05/23/2012 TIME: 14:17:55 PAGE NUMBER: 1 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120523 00:00:00.000' ACCOUNTING PERIOD: 11/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 120213 11111 120213 TOTAL CHECK 05/23/12 659 05/23/12 659 11111 120214 05/23/12 197 11111 120215 11111 120215 11111 120215 TOTAL CHECK 120216 120217 120218 120219 120220 120221 120221 120221 120221 120221 120221 120221 120221 CHECK 05/23/12 369 05/23/12 369 05/23/12 369 05/23/12 607 05/23/12 494 05/23/12 500 05/23/12 552 05/23/12 390 05/23/12 05/23/12 05/23/12 05/23/12 05/23/12 05/23/12 05/23/12 05/23/12 VENDOR BUDGET UNIT ADVANTAGE OFFICE SOLUTIO 4139374-002 ADVANTAGE OFFICE SOLUTIO 4139374-002 ARROWHEAD MOUNTAIN SPRIN 6246202 BORTZ, SHERI L BORTZ, SHERI L BORTZ, SHERI L BUDGET FLOORING COMCAST DEBORAH LEMIRE DEPARTMENT OF JUSTICE ELECTRICAL DISTRIBUTORS 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 11111 120222 05/23/12 500 11111 11111 TOTAL 120223 120223 CHECK 05/23/12 682 05/23/12 682 11111 120224 05/23/12 426 11111 120225 05/23/12 455 11111 11111 TOTAL 120226 120226 CHECK 05/23/12 742 05/23/12 742 11111 120227 05/23/12 500 11111 120228 11111 120228 11111 120228 TOTAL CHECK 05/23/12 159 05/23/12 159 05/23/12 159 FARIBA FARAHANCHI AND 1116101 1116101 1116101 4139374-002 6223201 111 1113301 6246202 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 111 FEHR ENGINEERING COMPANY 4139314-002 FEHR ENGINEERING COMPANY 4139363-003 FLINT TRADING, INC 4119111-001 GARDENLAND POWER EQUIPME 1115201 GIULIANI & KULL, INC GIULIANI & KULL, INC JULIE LE KUHN, BRIAN KUHN, BRIAN KUHN, BRIAN 111 111 111 1116101 1116101 1116101 DESCRIPTION LIBRARY CUBICLE LIBRARY CUBICLE MTHLY SRV04/07-05/06 INSTRUCTOR - YOGA INSTRUCTOR - YOGA INSTRUCTOR - YOGA LIB BACKROOM FLOORING MTHLY SRV 05/20-06/19 REFUND - FACILITY FINGERPRINT FEES 4/12 SUPPLIES - FACILITIES INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM REFUND - ANX11-0001 NEW CITY HALL PANEL MUSEUM DESIGN SUPPLIES - STREETS SUPPLIES - STREETS CITY SURVEYOR SERVICES CITY SURVEYOR SERVICES REISSUE/ARB08-0017 INSTRUCTOR - KARATE INSTRUCTOR - KARATE INSTRUCTOR - KARATE SALES TAX AMOUNT 0.00 3,995.00 0.00 109.12 0.00 4,104.12 0.00 97.38 0.00 268.00 0.00 134.00 0.00 637.50 0.00 1,039.50 0.00 7,071.00 0.00 77.48 0.00 300.00 0.00 32.00 0.00 202.34 0.00 191.81 0.00 57.22 0.00 114.44 0.00 200.26 0.00 65.19 0.00 194.17 0.00 293.36 0.00 134.40 0.00 1,250.85 0.00 4,250.00 0.00 1,500.00 0.00 135.00 0.00 1,635.00 0.00 5,137.25 0.00 600.78 0.00 360.00 0.00 480.00 0.00 840.00 0.00 1,780.00 0.00 135.00 0.00 103.50 0.00 241.50 0.00 480.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 05/23/2012 CITY OF SARATOGA ACCTPA21 TIME: 14:17:55 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120523 00:00:00.000' ACCOUNTING PERIOD: 11/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 120229 11111 120229 TOTAL CHECK 11111 11111 11111 TOTAL 11111 11111 11111 TOTAL 11111 11111 TOTAL 05/23/12 1046 05/23/12 1046 120230 05/23/12 996 120231 120231 CHECK 05/23/12 1011 05/23/12 1011 120232 05/23/12 131 120233 120233 CHECK 120234 120234 CHECK 05/23/12 135 05/23/12 135 05/23/12 918 05/23/12 918 VENDOR BUDGET UNIT LAURA MAITA 1116101 LAURA MAITA 1116101 MEGAPATH 6223201 NICOLE BETTRAY 1116101 NICOLE BETTRAY 1116101 NORMAN PAUL PRINT CTR 1114201 NORTH BAY BLDG MAINTENAN 6246202 NORTH BAY BLDG MAINTENAN 6246202 O'REILLY AUTO PARTS 6235202 O'REILLY AUTO PARTS 6235202 120235 05/23/12 890 PEELLE TECHNOLOGIES, INC 120236 05/23/12 393 REED & GRAHAM, INC 120237 05/23/12 979 SARATOGA SPRINGS 120238 05/23/12 136 SCOTTY'S AUTOMOTIVE 120239 05/23/12 500 STEPHANIE CANELA 120240 120240 120240 120240 CHECK 05/23/12 05/23/12 05/23/12 05/23/12 266 266 266 266 SUNGARD SUNGARD SUNGARD SUNGARD PUBLIC PUBLIC PUBLIC PUBLIC SECTOR SECTOR SECTOR SECTOR IN IN IN IN 1114101 4119111-001 1111201 6235202 111 6223201 6223201 6223201 6223201 DESCRIPTION INSTRUCTOR - YOGA INSTRUCTOR - YOGA ISP ANNUAL SERVICES INSTRUCTOR - YOGA INSTRUCTOR - YOGA OFFICE SUPPLIES WKLY SVC 05/01-05/05 WKLY SVC 05/06-05/12 PARTS - STREETS SUPPLIES - STREETS SCANNING -CDD -031512 ASPHALT/STREETS 5/30/12 RECOG DINNER MAINTENANCE-VEH#122 REFUND - FACILITY SUNGARD PLUS MTC01/12 SUNGARD PLUS 02/12 SUNGARD PLUS 03/12 MTHLY MAINT 06/12 11111 120241 05/23/12 696 ZAG TECHNICAL SERVICES, 6223201 IT SUPPORT SERVICES TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 34.50 165.00 199.50 736.94 34.50 165.00 199.50 196.61 190.00 190.00 380.00 58.37 177.22 235.59 1,543.95 405.09 2,059.95 85.75 300.00 5,390.00 5,390.00 5,390.00 379.00 16,549.00 50.00 51,839.58 51,839.58 51,839.58 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DIRECTOR: Mary Furey SUBJECT: Treasurer's Report for the Month Ended April 30, 2012 RECOMMENDED ACTION Review and accept the Treasurer's Report for the month ended April 30, 2012. REPORT SUMMARY California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 1St Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of April 30, 2012, the City had $876,401 in cash deposit at Comerica bank, and $14,520,910 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of April 30, 2012 is $15,397,311 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 876,401 Deposit with LAIF $ 14,520,910 Total Unrestricted Cash $ 15,397,311 63 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance — which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash $ 15,397,311 Plus: Assets 526,709 Less: Liabilities (1,803,304) Ending Fund Balance $ 14,120,716 Fund Balances Designations In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard left unchanged the total amount reported as fund balance, but substantially altered the categories and terminology used to describe its components. The new categories and terminology focus, not on financial resources available for appropriation, but on the extent to which the government is bound to honor constraints on the specific purpose for which the amounts in the fund can be spent. The components of fund balance are now categorized as follows: "non -spendable fund balance", resources that are inherently non -spendable from the vantage point of the current period; "restricted fund balance", resources that are subject to external enforceable legal restrictions; "committed fund balance", resources whose use is constrained by limitations that the government imposes upon itself at its highest level of decision making and remain binding unless removed in the same manner; "assigned fund balance", resources that reflects a government's intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and "unassigned fund balance", net resources in excess of what can properly be classified in one of the other four categories. Currently, the City's fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the 64 meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A — Change in Total Fund Balances by Fund under GASB 54 B — Change in Total Fund Balances by CIP Project C — Change in Cash Balance by Month D — Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 65 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Description Fund Balance 7/1/11 Increase/ (Decrease) Jul -Mar Current Revenue Current Expenditure Transfers Fund Balance 4/30/12 Restricted Fund Balances: Environmental Services 513,182 - - - - 513,182 Conn utted Fund Balances: Hillside Stability 500,000 - - - - 500,000 Assigned Fund Balances: Capital Projects 500,000 - (160,000) 340,000 Carryforwards 326,900 - - - - 326,900 Unassigned Fund Balances: Operations 2,903,522 - - - - 2,903,522 Economic Uncertainty 1,500,000 - - - - 1,500,000 Development Services 632,380 - - - - 632,380 Uncollected Deposits 44,791 - - - - 44,791 Other Unassigned 563,290 (608,686) 3,542,299 1,432,514 85,222 2,149,611 Subtotal 7,484,065 (608,686) 3,542,299 1,432,514 (74,778) 8,910,386 Special Revenue Landscape/Lighting Districts 504,125 23,034 59,673 86,128 - 500,704 CDBG Federal Grants -- - - - - Capital Project Street Projects 1,906,037 (398,794) 84,264 42,068 181,412 1,730,850 Park and Trail Projects 959,923 (332,318) - - - 627,606 Facility Improvement Projects 942,051 (188,722) (2,323) 27,910 4,818 727,913 Administrative Projects 147,329 (32,761) 25,000 12,963 19,548 146,153 Tree Fund 36,771 (1,919) - 506 - 34,346 CIP Grant Street Repair Projects (9,850) (398,864) - 250,466 - (659,180) CIP Grant Park & Trail Projects (40,302) (146,117) 24,664 2,800 - (164,556) CIP Grant Administrative Projects 810 2,608 512 - - 3,930 Gas Tax Fund 532,645 (4,383) - 415,730 (106,000) 6,532 Debt Service Library Bond 850,657 (378,286) 2,791 7,658 - 467,504 Internal Service Fund Liability/Risk Management 134,905 (63,835) 75,783 5,695 - 141,158 Workers Compensation 224,104 (41,879) 53,750 1,136 - 234,839 Office Support Services Fund 15,831 (2,206) 10,763 4,010 - 20,378 Information Technology Services 231,063 43,668 100,000 24,098 - 350,633 Equipment Maintenance 42,817 387 50,000 21,422 - 71,782 Building Maintenance 208,518 33,538 181,250 59,910 - 363,396 Equipment Replacement 331,373 68,657 25,000 - - 425,030 Technology Replacement 185,567 8,615 12,500 367 (25,000) 181,315 Total City 14,688,437 (2,418,265) 4,245,925 2,395,381 - 14,120,716 66 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/11 Increase/ (Decrease) Jul -Mar Current Revenue Current Expenditure Transfers Fund Balance 4/30/12 Street Projects Traffic Safety 129,793 (70,142) - - 50,000 109,651 Highway 9 Safety Project 36,033 (36,835) 25,432 4,611 90,000 110,019 Annual Street Resurfacing Project 453,149 33,351 58,832 11,844 (121,781) 411,707 Annual Sidewalks Project 52,905 (98,393) - - 50,000 4,512 Saratoga Sunnyvale Road Resurfacing 99,011 - - - - 99,011 Traffic Signal @ Verde Vista Lane 90,000 - - - - 90,000 Fourth Street Bridge 100,000 - - - - 100,000 Quito Road Bridge Replacement Design 221,051 (14,224) - 437 - 206,390 Village Facade Program 978 - - - (978) - Solar Power Radar Feedback Signs 24,158 - - - - 24,158 El Quito Area Curb Replacement 37,553 - - - - 37,553 Village LID Streetlights - - - 211 32,500 32,289 Annual Storm Drain Upgrades 38,507 (84,872) - - 60,000 13,635 Prospect Road Median 537 - - - (537) - Padero Erosion Mitigation 12,963 - - - - 12,963 Monte Vista Storm Drain 1,082 -- - (1,082) - Canyon View/Elva StomiDrain 35,000 (25,000) - - (10,000) - Village-Streetscape Improvements 313,991 (92,871) - - - 221,120 Village -Phase II Construction 256,800 (9,808) - 24,965 33,290 255,317 Saratoga-Sunnyvale/Gateway Sidewalk 2,525 - - - - 2,525 Total Street Projects 1,906,037 (398,794) 84,264 42,068 181,412 1,730,850 Parks & Trails Hakone Carden Koi Pond 25 - - - (25) - EL Quito Park Improvements 10,999 (11,000) - - - - Hakone Carden Retaining Wall & D/W 137,379 - - - - 137,379 Hakone Carden Upper Moon House 375,000 - - - - 375,000 Park Restroom Improvements 57,589 - - - - 57,589 Park/TrailRepairs 17,681 1,493 - - 25 19,200 Playground Safety Equipment 39,064 (9,240) - - - 29,824 Blaney Plaza Improvements 6,527 - - - - 6,527 Ravenswood Playground Improvement 65,626 (63,540) - - - 2,086 Tank Trail Repair 31 (31) - - - - Mid Pen O/S Land Purchase 250,000 (250,000) - - - - Total Parks & Trails 959,923 (332,318) - - - 627,606 Facility Improvements Facility Projects 125,518 (26,003) - 6,103 47,948 141,361 Theater Improvement 76,653 (14,435) (2,323) 6,869 (2,572) 50,453 North Campus Improvements 120,446 (2,994) - - - 117,452 Corp Yard Solar Project 85,337 (5,000) - - (80,337) - Vehicle Structure Solar 125,000 (69,447) - 4,278 (51,275) - Library Improvements 335,596 (36,769) - 9,161 - 289,667 SPCC Furniture & Fixtures 4,065 -- - - 4,065 HVAC System Upgrade - (24,082) - - 24,082 - Museum HVAC Unit Replacements - (5,542) - - 5,542 - City Hall Emergency Power Backup - (4,450) - 1,500 61,430 55,480 Electric Charging Stations 65,000 - - - - 65,000 McWilliams House Improvements 4,435 - - - - 4,435 Total Facility Improvements 942,051 (188,722) (2,323) 27,910 4,818 727,913 Administrative Projects Financial System Upgrade 3,534 - - - - 3,534 PW Document Imaging Project 80,815 (4,368) - - 10,000 86,448 CDD Document Imaging Project 22,907 (786) - - - 22,121 CMO Document Imaging Project 3,643 (2,258) - - - 1,385 Network Cabling - - - 12,963 25,000 12,037 IT Emergency Power Back Up 36,430 - - - (36,430) - Village Facade Program - (350) - - 20,978 20,628 Total Administrative Projects 147,329 (32,761) 25,000 12,963 19,548 146,153 Tree Fund Citywide Tree Planting Program 12,147 (546) - 506 - 11,096 SMSCF Tree Donation Program - 1,875 - - - 1,875 Tree Dedication Program 24,623 (3,248) - - - 21,375 Total Tree Fund 36,771 (1,919) - 506 - 34,346 CIP Grant Street Repair Projects (9,850) (398,864) - 250,466 - (659,180) CIP Grant Park & Trail Projects (40,302) (146,117) 24,664 2,800 - (164,556) CIP Grant Administrative Projects 810 2,608 512 - - 3,930 Gas Tax Fund 532,645 (4,383) - 415,730 (106,000) 6,532 Total CIP Funds 4,475,413 (1,501,271) 132,117 752,443 99,778 2,453,593 67 ATTACHMENT C CASH BALANCE BY MONTH $20,000,000 $15,000,000 $10,000,000 $5,000,000 so $14,635, 4,437,434 63,369 Cash Balance $ • ,397,311 722,507 'S $12,677,646 1,841,880 July -11 August -I1 September -11 October -11 November -II December -11 January -12 February -12 March -12 April -13 68 ATTACHMENT D Local Agency Investment Fund Quarterly Apportionment Rates 69 March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 69 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Fiscal Year 2012/13 Gann Appropriation Limit RECOMMENDED ACTION Review report and adopt resolution approving the Gann Appropriation Limit for FY 2012/13. REPORT DISCUSSION Background On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This proposition, which became effective in fiscal year 1980/81, mandated an appropriations (spending) limit on the amount of tax revenues that the State and most local government jurisdictions may appropriate within a fiscal year. This limit grows annually by a population and cost -of -living factor. The State Appropriation Limit was since modified by two subsequent initiatives - Proposition 98 in 1988 and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding appropriation limit levels to citizens through a process of refunds, rebates, or other means. Proposition 111 allowed more flexibility in the appropriation calculation factors. Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans, donations and other non -tax proceeds are excluded. Exemptions are also made for voter -approved debt which existed prior to January 1, 1979, and for the cost of compliance with court or Federal government mandates. The City Council adopts an annual resolution establishing an appropriations limit for the following fiscal year using population and per capita personal income data provided by the State of California's Department of Finance. Each year's limit is based on the amount of tax proceeds that were authorized to be spent in fiscal year 1978/79, with inflationary adjustments made annually to reflect increases in population and the cost of living. Calculation The California Department of Finance issues a letter with the annual percentage change in California's per capita personal income and the percentage change in population in both the City and the County to jurisdictions on May 1St each year. Either the City or County's population factor may be used in the appropriation calculation together with the California per capita Personal Income change factor. Using the larger population factor increases the limit to a higher dollar amount, however due to the significant variance between tax revenue and the appropriation limit, and the minimal difference between the two factors, the County population factor is used for consistency regardless of which factor is larger. 70 The County's percentage increase in population change is combined with the State's change in per capita income to determine the City's appropriation factor. The current year's appropriation limit is then increased by this appropriation factor to calculate the Gann Appropriation Limit for the following fiscal year. The calculation for the FY 2012/13 limit is as follows: FY 2012/13 Calculation % Increase in California 2011/12 2012/13 County Per Capita Appropriation Appropriation Appropriation Population Income A Factor Limit Limit 1.0124 X 1.0377 = 1.0506 X $ 31,907,666 = $ 33,521,156 Summary: The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may appropriate in the following fiscal year. The City's proposed budget for FY 2012/13 anticipates $9,941,600 in Gann designated tax revenues, which is $23,579,556 less than the appropriation limit of $33,521,156. Conclusion: It is recommended that the Council adopt the resolution approving the FY 2012/13 Gann Appropriation Limit of $33,521,156. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Article XIIIB of the State of California Constitution. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A - Gann Appropriation Limit Factors and Calculation B — Resolution 71 Attachment A APPROPRIATION LIMIT FACTORS For Beginning County City California Ending % YE Appropriation Population Population Per Capita Appropriation Limit June 30 Limit Factor Factor Income A Limit Increase 2003 22,950,540 1.0125 1.0191 0.9873 23,092,833 0.62% 2004 23,092,833 1.0079 1.0029 1.0231 23,694,794 2.61% 2005 23,694,794 1.0072 1.0000 1.0328 24,471,983 3.28% 2006 24,471,983 1.0112 1.0124 1.0526 26,078,624 6.57% 2007 26,078,624 1.0118 1.0034 1.0396 27,203,516 4.31% 2008 27,203,516 1.0152 1.0138 1.0442 28,837,681 6.01% 2009 28,837,681 1.0172 1.0077 1.0429 30,592,104 6.08% 2010 30,592,104 1.0156 1.0070 1.0062 31,261,971 2.19% 2011 31,261,971 1.0126 1.0100 0.9746 30,851,813 -1.31% 2012 30,851,813 1.0089 1.0091 1.0251 31,907,666 2.07% 2013 31,907,666 1.0124 1.0070 1.0377 33,521,156 8.65% FY 2012/13 Calculation % Increase in California 2011/12 2012/13 County Per Capita Appropriation Appropriation Appropriation Population Income A Factor Limit Limit 1.0124 X 1.0377 = 1.0506 X $ 31,907,666 = $ 33,521,156 Percentage of Appropriation 2012/13 2012/13 Percentage Tax Appropriation of Revenues Limit Limit 9,941,600 / $ 33,521,156 = 30% 72 Attachment B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE FISCAL YEAR 2012/13 GANN LIMIT APPROPRIATION FOR THE CITY OF SARATOGA WHEREAS, the City of Saratoga has established its Base Year Appropriation Limit as $5,961,747 in Fiscal Year 1978/79; and WHEREAS, the cumulative changes to population and to the California per capita personal income since the Base Year established the revised Proposition 111 Fiscal Year 1996/97 Appropriation Limit as $16,153,314, and WHEREAS, to the best of the City's knowledge and belief, the State Depailiuent of Finance figures provided to the City in response to Proposition 111 passed by the voters in June 1990, reflects the appropriate statistics relevant to the calculation of the Fiscal Year 2012/13 Appropriation Limit, which includes: • County population adjustments for the year ended December 31, 2011 equal to 1.24%, and • City population adjustment for the year ended December 31, 2011 equal to .70%, and • Change in California per capita cost of living for fiscal year 2012/13 equal to 1.0377% NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves that, based on the foregoing figures and the provisions of the Article XIIIB of the Constitution of the State of California, the following figure accurately represents the Fiscal Year 2012/13 Appropriation Limit for the City of Saratoga at: $33,521,156 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 73 Chuck Page, Mayor SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Adoption of Fiscal Year 2012/13 Operating & Capital Budget and the Environmental Impact Assessment for new Capital Improvement Plan projects RECOMMENDED ACTIONS 1. Adopt resolution approving the Proposed FY 2012/13 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any changes related to late -breaking changes, minor corrections, carryforward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. 2. Adopt the attached Environmental Impact Assessment for new projects included in the FY 2012/13 Capital Improvement Plan (CIP) update. BACKGROUND The City's Proposed Operating and Capital Budgets reflect both revenue and expenditure appropriations which provide for the City's service operations, administration, obligations, and infrastructure improvement projects. The Operating Budget document is structured into a departmental format which defines departmental oversight, key program services, and significant projects or initiatives for the fiscal year. Summary level revenue and expenditure budget appropriations and assigned personnel schedules for proposed, current and prior years are included within each departmental program to identify the resources used to provide these services and operations, and for historical reference. The Financial Summaries section of the Operating Budget document compiles the individual financial and staffing information into summary schedules to provide readers with a consolidated view of funding sources and uses from different perspectives, including departmental, fund type, and category. The Capital Budget document is structured into four program areas, (Streets, Parks & Trails, Facilities, and Administrative Improvement Projects) which are further categorized by either the type of infrastructure improvement in the Streets and Administrative Improvement programs, or by site in the Parks & Trails and Facilities programs. The Capital Improvement Plan represents a multi-year work plan for major capital expenditures and related funding sources, to improve and/or maintain various types of city infrastructure. To remain in compliance with the California Environmental Quality Act (CEQA) requirement to ensure an assessment of the environmental impacts of new projects has been made by the governing body, an Environmental Impact Assessment report (Attachment B) is also included for adoption by Council. REPORT DISCUSSION 74 Budget Status A public hearing was held on May 16, 2012 to review the City of Saratoga's proposed operating and capital budgets and to obtain community input. The FY 2012/13 Proposed Operating Budget sustains service levels, operations, and obligations as are currently in place, with few exceptions. Overall, revenues are expected to remain stable, possibly strengthening into next fiscal year. As it is too early to tell if the improved property transfers, sales, and transient tax revenues will continue, the proposed budget revenues were mostly held to current year levels. Expenditures also varied little from the prior year's budget. Increases were offset with decreases in other areas. Through a restructuring of duties and backfilling with contract services, salary and benefit funding for a Code Compliance position and a .90 FTE Parks and Maintenance Worker position were eliminated, along with temporary Maintenance Worker hours. As the workload was shifted to contract service providers or distributed among current staff, the overall impact is expected to be negligible thereby allowing service levels to be maintained. Budget Appropriations The Operating & Capital Budget's Financial Summaries section in the budget document is comprised of schedules which illustrate summary level revenue and expenditure information. The first summary schedule in the section is the Total Fund Activity Schedule, as shown on the following page. This schedule illustrates the City's proposed budget's activities in each fund, as categorized by fund group. Activity begins with the estimated July 1, 2012 fund balance, then adds and subtracts all budgeted activity, and ending with the estimated year end fund balance at June 30, 2013. The schedule categorizes the City's different funds by function. Operating Funds are comprised of the City's general operations, restricted revenue programs and services, and internal support services. Debt Service Funds account for the funding and payment of the City's bond debt. In past years, Trust & Agency Funds accounted for funds held in a trustee capacity; funds not used for City purposes. Capital Funds are used to account for major acquisition and construction of asset expenditures, in order to separate one-time activity from ongoing operational activities. As shown, the Operating Budget's Total Expenditures and Transfers -Out exceed Total Revenues and Transfers -In. This is a consequence, in part, of transferring out prior year operating fund surpluses to the Capital Project Funds. Other fund expenditures may also be budgeted higher than revenues in some budget years. This often occurs in a replacement Internal Service Fund where service charge receipts are less than amounts budgeted for replacement during any given fiscal year. Expenditures exceeding revenue may also occur when the Internal Service Fund (ISF) includes current year contingency funding which may or may not be expended. This situation is typical in the Building Maintenance ISF to allow for urgent repairs to be made if needed, while avoiding excess funding requirements if repairs are not needed. Of further note: Capital Improvement Plan projects are often multi-year operations; therefore fiscal year ending balances will roll forward into the following year. As the Beginning Fund Balances on this Total Fund Activity schedule are estimated year-end balances set two months prior to the end of the fiscal year, many project numbers will change. This in turn will alter the capital project revenue and expenditure budgeted numbers. 75 Fund Category Operating Funds General Fund Environmental Services Hillside Stability Capital Projects Carry forwards Operations Economic Uncertainity Development Services Uncollected Deposits Other Unassigned Total General Fund Special Revenue Funds Landscap e & Lighting Districts Total Special Revenue Funds Internal Service Funds Liability/Risk M anagement Workers Comp ensation Office Support Services IT Services Vehicle & Equipment Maintenance Building M aintenance Vehicle & Equipment Replacement IT Equipment Replacement Total Internal Service Funds Total Operating Funds Debt Service 2001 Series GO Bonds Total Debt Service Total Fund Activity Summary FY 2012/13 Estimated Fund Balance July 1, 2012 463,182 600,000 1,139,221 2,914,522 1,500,000 422,380 44,791 Revenues Transfers In Expenditures Transfers Out 867,730 15,608,998 (16,223,804) Source (Use) of Fund Balance (50,000) (635,000) Estimated Fund Balance June 30, 2013 413,182 600,000 504,221 2,914,522 1,500,000 422,380 44,791 685,000 937,923 $ 7,951,826 $ 15,608,998 $ (16,223,804) $ 559,218 464,734 (633,929) $ 559,218 $ 464,734 $ (633,929) $ 99,057 232,296 11,639 228,726 29,693 187,771 421,374 156,520 468,527 250,000 67,000 400,000 215,000 750,000 100,000 46,236 (489,249) (279,684) (59,250) (422,758) (225,477) (767,229) (95,000) (52,600) $ 1,367,075 $ 2,296,763 $ (2,391,247) $ $ 9,878,119 $ 18,370,495 $ (19,248,980) $ 965,134 850,600 (869,285) $ 965,134 $ 850,600 $ (869,285) $ $ 7,337,019 390,023 $ 390,023 78,335 202,612 19,389 205,968 19,216 170,542 426,374 150,156 $ 1,272,592 $ 8,999,633 946,449 $ 946,449 TOTAL OPERATING BUDGET $ 10,843,253 $ 19,221,095 $ (20,118,265) $ $ 9,946,083 Capital Funds Street Projects Park & Trail Projects Facility Projects Administrative Projects Total Capital Funds 1,501,951 4,987,082 (6,390,289) 628,546 603,039 (1,231,585) 427,550 377,410 (769,960) 132,820 260,000 (392,820) $ 2,690,867 $ 6,227,531 $ (8,784,654) $ 98,744 35,000 $ 133,744 TOTAL ALL FUNDS $ 13,534,120 $ 25,448,626 $ (28,902,919) $ $ 10,079,827 76 In the Capital Budget, the total of beginning fund balance and new revenues are typically fully appropriated as budgeted expenditures each fiscal year, leaving a fund balance of zero in each of the Capital Project funds. In the schedule, two funds retain funding for projects in future years. The full appropriation method provides flexibility for projects to be encumbered under contract which extend beyond fiscal year boundaries, if needed. As capital projects are planned, developed, and implemented over a multiple -year process, full encumbrance budgeting provides assurance that funding is dedicated and work processes can proceed as efficiently as possible. Budget Adjustments Throughout the year, Council may approve both Operating and Capital Budget adjustments for additional initiatives, funding, or projects. Within the Operating Budget, the Council approves the budget at the Fund level, meaning the City Manager is authorized to make program and account changes within a fund, however Council approval is required for adjustments that would either increase or decrease total fund appropriations. The Capital Budget is authorized at the project level, meaning Council approval is required for both appropriation dollar changes and project scope changes. As a budget simplification, projects are typically budgeted with total expenditure appropriations accounted for in one project construction account, whereas actual expenditures are accounted for in the appropriate capital expense account. As a contingency built into the budget resolution, if at project close, an immaterial project balance remains, the amount will be transferred out to the annual Streets Resurfacing project in the Streets Program, to the Annual Park & Trail Maintenance project in the Parks & Trail program, to the Annual Facility Improvement project in the Facility Program, and to the Manager's Records Management project in the Administrative Improvements program. If the ending balance is material, a fund balance transfer to another project or back to the General Fund Capital Reserve will be requested for approval from the Council. This methodology simplifies project closure while still retaining appropriated funding in the original capital program fund. General Fund The General Fund is the main operating fund used to account for the majority of the City's day-to-day operations. The following two charts provide a graphical overview of the budgetary appropriations for General Fund revenues and expenditures by category. The schedules below each graph provide summary level financial data for the proposed budget year (gray column), as well as the current and two prior fiscal years for historical reference. As illustrated on the following page, the General Fund Revenue and Transfers In chart includes additional funding from designated reserves to clearly identify the total General Fund sources which offset the total General Fund uses. In total, the FY 2012/13 General Fund proposed budget revenues reflect $127,000 less than the current year's estimated revenues, primarily due to the elimination of the billing reimbursement from the Sheriff's Office. As is typically the case, prior year savings are held in the General Funds CIP Reserve fund balance account and transferred out to fund capital projects as determined during the capital budget process. This fund balance use is considered a "Funding Source". For FY 2012/13, $635,000 is to be used for capital projects, along with grant funding, and dedicated revenues which flow directly into CIP funds. Under Council policy, $50,000 of the Environmental Reserve for Solid Waste diversion programs is utilized each year. Adjustments to carryforward obligated funds will be determined at year end, and shown as a use of fund balance source, to offset the added expenditure in the following year. 77 General Fund Revenues & Transfers In By Category FY 2012/13 Property Tax 52.5% Fund Transfers In Sales Tax 0.7% ,.: 7.0% Other Sources 2.1% Transient Occupancy Tax Rental Income 1.1% 3.1% Charge for Services 10.3% Fees, Licenses & Permits 7.1% Intergovt'l 1.4% Business & Other Taxes 2.6% Franchise Fee Tax 11.7% FY 2009/10 FY 2010/11 FY 2011/12 FY 2011/12 FY 2012/13 % of Revenue Category Actuals Actuals Adjusted Estimated Proposed Total Property Tax $ 8,194,364 $ 8,026,659 $ 7,979,050 $ 8,138,595 $ 8,191,975 52.5% Sales Tax 954,574 990,579 1,025,000 1,043,401 1,095,000 7.0% Transient Occupancy Tax 144,151 184,362 150,000 175,000 175,000 1.1% Business & Other Taxes 415,889 448,137 415,000 392,000 405,000 2.6% Franchise Fee Tax 1,663,657 1,821,131 1,695,000 1,820,364 1,819,500 11.7% Intergovernmental 357,887 384,746 318,140 245,699 219,000 1.4% Fees, Licenses & Permits 1,111,879 1,156,486 1,049,065 1,118,385 1,115,065 7.1% Charge for Services 1,499,533 1,741,291 1,609,681 1,611,095 1,615,188 10.3% Interest 97,044 63,883 60,000 53,667 55,100 0.4% Rental Income 444,262 438,901 455,302 462,562 481,182 3.1% Other Sources 361,808 485,940 646,656 569,020 330,988 2.1% Total Revenues $ 15,245,049 $ 15,742,117 $ 15,402,895 $ 15,629,787 $ 15,502,998 99.3% Fund Transfers In 325,842 224,550 205,222 205,222 106,000 0.7% Total Revenues & Transfers $ 15,570,891 $ 15,966,667 $ 15,608,117 $ 15,835,009 $ 15,608,998 100.0% Funding from Use of Designated Funds Funding Carry forward 22,000 68,600 31,900 Development Reserve 75,000 - 210,000 Environmental Reserve 50,000 50,000 50,000 CIP Reserve 550,000 726,983 160,000 Hillside Reserve 50,000 Use of Undesignated Funds 25,000 95,000 31,900 210,000 50,000 160,000 50,000 635,000 Total Operating Sources 16,292,891 16,957,250 16,060,017 16,286,909 16,293,998 78 In this second chart below, budgeted General Fund expenditures reflect a $230,000 decrease in budgeted salary and benefits due to additional staffing reductions. This decrease is offset however with increases in contract services and internal service chargebacks, resulting in a minimal increase of $35,000. Overall, the General Fund Operating Budget's expenditures reflect continuing reductions in staff time, operating materials, supplies, fees, and services where available without significantly impacting community services, in order to offset areas of increase. General Fund Expenditures & Transfers Out By Category FY 2012/13 Internal Services Community Grants Charges & Events 12.5% Fund Transfers o.8% Out: 4.5% Meetings, Events & Training 0.4% Consultant & Contract Services 37.2% Expenditure Category Salary & Benefits Materials & Supplies Fees & Charges Consultant & Contract Services Meetings, Events & Training Community Grants & Events Internal Services Charges Fees & Charges 4.8% Materials & Supplies 1.1% Salary & Benefits 38.7% FY 2009/10 FY 2010/11 FY 2011/12 FY 2011/12 Actuals Actuals Adjusted Estimated $ 6,303,927 $ 6,710,412 $ 6,507,801 $ 6,301,448 154,010 150,910 171,015 162,785 671,493 734,205 727,336 713,253 5,884,326 5,992,977 5,940,392 5,851,512 47,808 63,668 50,625 35,620 203,758 165,915 156,434 122,884 1,873,576 1,798,212 1,899,747 1,899,747 Total Expenditures $ 15,138,898 $ 15,616,298 $ 15,453,350 $ 15,087,249 Fund Transfers Out: 650,000 876,983 280,000 280,000 Total Expenditures & Transfers $ 15,788,898 $ 16,493,281 $ 15,733,350 $ 15,367,249 FY 2012/13 Proposed 6,273,796 175,430 782,440 6,034,435 61,270 127,856 2,033,577 $ 15,488,804 735,000 $ 16,223,804 % of Total 38.7% 1.1% 4.8% 37.2% 0.4% 0.8% 12.5% 95.5% 4.5% 100.0% FY 2012/13 General Fund Expenditures and Transfers Out total slightly more than $16.2 million. In total, General Fund Sources exceed total General Fund Uses by $70,193, thereby providing a balanced budget. While late -breaking changes are expected to adjust these numbers slightly at year end, the budget will remain balanced. 79 Any additional changes as a result of direction from Council and/or identified by staff as a clean-up item will be included in the final budget document, per Council's adoption of the FY 2012/13 Operating & Capital Budget resolution at the June 6, 2012 Council Meeting. Of final note is that the Proposed Operating and Capital Budget reflects estimated year-end balances for FY 2011/12, whereas the final budget document will be adjusted to actuals prior to publication and posting so as to provide the public with accurate information for future year's reference. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would either delay or fail to adopt an Operating & Capital Budget for FY 2012/13. ALTERNATIVE ACTION N/A FOLLOW UP ACTIONS 1. Prepare FY 2012/13 Adopted Operating & Capital Summary and Detail Budget documents as directed by Council. 2. Monitor revenues and expenditures and provide quarterly reports and updates as necessary to Finance Committee and Council. ADVERTISING, NOTICING AND PUBLIC CONTACT Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS A: Resolution to Adopt the Fiscal Year 2012/13 Operating & Capital Budget B: Environmental Impact Assessment 80 Attachment A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ADOPT THE FISCAL YEAR 2012/13 OPERATING & CAPITAL BUDGET WHEREAS, the City Council held a public hearing on the Proposed Operating & Capital Budget for Fiscal Year 2012/13 on May 16, 2012; WHEREAS, Section 2-20.050(i) of the Code of the City of Saratoga requires the City Manager to prepare and submit the proposed annual budget to the City Council for its approval; WHEREAS, the Planning Commission has conducted an annual review of proposed new capital projects for consistency with the City's general plan; and WHEREAS, after the Planning Commission's approval of the proposed new projects the City Manager did submit a proposed budget for FY 2012/13 to the City Council; and WHEREAS, the City Council has considered and, upon consensus may provide direction for modifications to the proposed budget during a public hearing; and WHEREAS, the City Council gave staff direction to adopt the Fiscal Year 2012/13 Operating and Capital budgets as proposed; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby adopts the Fiscal Year 2012/13 Operating & Capital Budget as shown in the Total Fund Activity Summary schedule in the budget adoption report; AND BE IT FURTHER RESOLVED, that the final adopted budget includes carry -forward appropriations for prior year capital projects, identified funding for specified expenditures, grants, and pass-through balances; that capital projects are in compliance with the General Plan; that there be carried forward from the prior year within each fund an amount sufficient to cover approved outstanding encumbrances as of June 30, 2012; AND BE IT FURTHER RESOLVED, that the City Council hereby directs staff that any changes or impacts resulting from: Council approval of the meet and confer process or management compensation plan; from classification adjustments or miscellaneous corrections; from changes due to more refined estimates, grant approvals, claim reimbursements, budget carryforwards, or added revenue and expenditures; from development fee based pass-through budget appropriations; or from further City Council consensus direction received on June 6, 2012 be incorporated within the final Fiscal Year 2012/13 Operating & Capital Budgets; 81 Attachment A AND BE IT FURTHER RESOLVED, that the Finance and Administrative Services Director is directed to record these changes into the City's accounting records in accordance with appropriate accounting practices. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk of the City of Saratoga 82 Chuck Page, Mayor City of Saratoga Attachment B ENVIRONMENTAL IMPACT ASSESSMENT 2012-2013 CAPITAL IMPROVEMENT PLAN UPDATE In compliance with the requirements of the California Environmental Quality Act (CEQA), a review of all projects proposed for the 2012-2013 Capital Improvement Plan (CIP) Update has been made to determine whether any of these projects would have a significant environmental impact. The State CEQA Guidelines define significant effect as a "substantial or potentially substantial, adverse change in the physical conditions...of an area." Implementation of the majority of the CIP projects will not have an adverse impact on the environment. Of the 16 projects under consideration in the 2012-2013 CIP Update, 10 are classified as categorically exempt. These projects involve maintenance, repair, or minor alterations or additions to existing facilities (Class 1), replacement or reconstruction of existing structures or facilities (Class 2), new structures of small size and are identified by CEQA as not having a significant effect on the environment (Class 3), or minor alterations to land (Class 4). These projects are: Project CEQA Class Quito Road Storm Drain Project 3 Arroyo de Arguello Outfall Repair 2 Parker Ranch Retaining Wall Repair 2 Fruitvale Avenue Median Improvements 1 City Hall Emergency Power Backup - Phase 2 3 Electronic Door Lock System — Phase 2 1 Wildwood Park Restroom Improvements 1 Foothill Park Irrigation Improvements 2 Risk Management Mitigation N/A Conditional Use Permit Reimbursement Project N/A Six projects, the Quarry Property Park and Trail Master Plan, the Congress Springs Park North Access Trail, the Village to Hakone Gardens Trail, the Saratoga Creek Trail, the Via Regina Trail, and the General Plan Update of the Safety Element, will be evaluated further for environmental impacts. Staff recommends that a blanket Categorical Exemption be issued for the projects in the 2012- 2013 CIP Update, with the exception of the above mentioned projects, which will require a more detailed environmental assessment. Respectfully submitted, John Cherbone Public Works Director 83 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: City Manager's Office PREPARED BY: Debbie Bretschneider Deputy City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: SUBJECT: Resolution Authorizing Final Disposition of Certain City Records RECOMMENDED ACTION: Adopt resolution authorizing final disposition of certain city records. REPORT SUMMARY: In June 2009, the City Council approved a new Records Retention Schedule. In accordance with the schedule, staff and the City Attorney review archived documents to determine those that are nonessential and can, therefore, be shredded. In order to comply with State law, processing expired records for destruction is a multi -step process: 1 Staff in each department identifies records that have expired in accordance with the approved records retention schedule. Each box is looked through to make sure no permanent records are destroyed. 2. Department directors review and approve the list of records to be destroyed in their departments. 3. The City Clerk and City Attorney review and approve a combined list of all expired records. 4. The list of records is presented to the City Council along with a resolution authorizing the shredding of listed documents. Records may not be shredded without the authorization of the City Council. At this time, staff has identified 8 boxes of expired records and is requesting authorization from the Council to proceed with shredding the documents. FISCAL IMPACTS: Funding for shredding of records is included in the operating budget. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Records will not be shredded. ALTERNATIVE ACTION: 84 Remove specific records from destruction list and approve with changes. FOLLOW UP ACTION: If Council authorizes the records destruction based on the records retention policy, documents authorized for final disposition will be processed shortly thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records Attachment 2 -Exhibit A: List of Records Proposed for Final Disposition 85 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE FINAL DISPOSITION OF CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy certain records, documents, instruments, books or paper after the same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That it does hereby authorize the department heads to have those certain records, documents, instruments, books or paper under their charge as described in Exhibit 'A' to be shredded. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June, 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 86 Chuck Page, Mayor june 2012 Disposal boxes Documents Retention series official retention Disposal date HR 1 Volunteer files Jan. 2005- Dec. 2009 City Volunteer Program Records T+2 January 1, 2012 CMO 1 Duplicate Copies of Heritage preservation agendas/minutes 2006- april 2010 . Commission Working papers for HPC 2006-2010. Reference files, Internal SU+2 May 1, 2012 CMO 2 Claims against City 1984, RFP's responses 2001 Claim Files, Bids Unsuccessful CL+5, T+4 January 1, 2007 PW 1 Engineering -Deposit Account Projects Reviews/reports 1964-1970 Deposit Account Projects CL+4 Jan. 1, 1980 PW 2 Engineering -Deposit Account Projects Reviews/reports 1971-1978 Deposit Account Projects CL+4 Jan. 1, 1987 PW 3 Engineering -Deposit Account Projects Reviews/reports 1979-1984 Deposit Account Projects CL+4 jan. 1, 1994 PW 4 Engineering -Deposit Account Projects Reviews/reports 1985-1989 Deposit Account Projects CL+4 Jan. 1, 1999 1053 1987-1991 Matured investments Accounting/Bond documents CL+10 Jan. 1, 2002 87 S SAjti ..r?oto. MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson SARATOGA CITY COUNCIL PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson City Clerk SUBJECT: Resolution Calling for General Municipal Election — November 6, 2012 RECOMMENDED ACTION: Adopt the attached resolution calling for a consolidated, General Municipal Election on November 6, 2012. BACKGROUND: The terms of Council Members Howard Miller and Manny Cappello end in November 2012. If approved, the attached resolution will call for a General Municipal Election on November 6, 2012 to elect two members the Saratoga City Council, each to a full term of four -years. The resolution will also call for consolidation of the Saratoga General Municipal Election with the statewide election under the administration of the Santa Clara County Registrar of Voters, as permitted by California Elections Code. The City of Saratoga, along with most of the cities in Santa Clara County, has traditionally requested consolidation of its General Municipal Elections and administration of the elections by the County Registrar of Voters. The County Registrar of Voters' administration of the election includes appointment of election officers, designation of voting precincts, printing and mailing of ballots, operation of polls, counting of ballots, canvassing of the vote, and other proceedings required in connection with the election. The cost of County administration of the election is estimated at $54,916 and has been included in the proposed 2012/13 budget scheduled to be adopted at the June 6, 2012 City Council Meeting. Additionally, the attached resolution establishes the maximum length of the candidate statement of qualifications at 400 words and requires that candidates pay for their pro rata share of statement of qualifications printing, production, and mailing costs. The statement of qualifications is optional. If the resolution is approved, candidates that would like their statement of qualifications to be included in the Sample Ballot and Voter Information Pamphlet will be required to submit payment in the amount of $3095, the pro rata estimated cost. Candidates will be billed if the actual cost is higher or refunded if the cost is lower than the estimated amount. Page 1 of 2 88 As permitted by Elections Code Section 10228, the City also charges candidates a filing fee of $25. This fee is intended to recover costs associated with processing a candidate's nomination papers or supplemental nomination papers, if required. The nomination period for the 2012 General Municipal Election runs from July 16, 2012 to August 10, 2012. If an incumbent fails to file nomination papers before 5:00 p.m. on August 10, 2012, the period to nominate candidates other than incumbents is extended to 5:00 p.m. on August 15, 2012. FISCAL IMPACTS: The cost of County administration of the 2012 General Municipal Election is estimated at $54,916. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City of Saratoga will not consolidate its General Municipal Election with the statewide election or seek election administration from the Santa Clara County Registrar of Voters. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): A certified copy of the resolution calling the General Municipal Election will be forwarded to the Santa Clara County Board of Supervisors and Santa Clara County Registrar of Voters no later than July 5, 2012. Additionally, a notice of election will be published in the Saratoga News no later than July 16, 2012. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution Calling for General Municipal Election Attachment B: Santa Clara County Registrar of Voters' November 2012 Election Calendar Page 2 of 2 89 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SARATOGA ON NOVEMBER 6, 2012; FOR THE ELECTION OF CERTAIN OFFICERS; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATION OF ELECTIONS AND DETERMINING TO LEVY THE COST OF CANDIDATES' STATEMENTS; REQUIRING PAYMENT OF CANDIDATES' FILING FEES; AND PROVIDING FOR GIVING NOTICE OF ELECTION WHEREAS, California Elections Code Section 1301 provides that the general election for the City of Saratoga can be held on the day of the statewide general election; and WHEREAS, pursuant to Division 10, Part 3 of the California Elections Code, a general election may be consolidated with a statewide election; and WHEREAS, a statewide election will be held on November 6, 2012; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga: 1. A general municipal election is hereby called to be held in and for the City of Saratoga on Tuesday, November 6, 2012 to elect two (2) Council Members, each for a full term of four (4) years; 2. Pursuant to Elections Code commencing with Section 10400, the City Council hereby requests the Board of Supervisors of the County of Santa Clara to order the consolidation of the general municipal election to be conducted within the boundaries of the City of Saratoga on November 6, 2012, with respect to which the Board of Supervisors of the County of Santa Clara has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called with the statewide general election. Upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the Registrar of Voters of the County of Santa Clara in accordance with the provisions of law regulating consolidated elections; 3. The City Clerk is hereby authorized and directed to certify adoption of this resolution and transmit a copy to the Santa Clara County Board of Supervisors and Santa Clara County Registrar of Voters; 4. The City Clerk is authorized and directed to publish a notice of general municipal election within the time and in the manner specified in Elections Code Division 12, Chapter 2. The City Clerk is further authorized and directed to do all other things required by law to hold the general election above provided; 5. Pursuant to Section 13307 of the Elections Code, the City Council does hereby require candidates that wish to file a candidate's statement, not to exceed four hundred (400) words and to be included in the Voter's Pamphlet, pay in advance his or her pro rata share of the cost of printing, handling, translating, and mailing the candidate's statement. The estimated cost per candidate of a four hundred (400) word statement is $3,905, in addition to the $25.00 filing fee. The City Clerk 90 shall require payment of the estimated pro rata share of the candidate's statement at the time the candidate's statement is filed. Candidates will be billed if actual cost associated with the candidate's statement is higher or refunded if the cost is lower than the estimated amount. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk DATE: 91 Chuck Page, Mayor Abbreviated Presidential General Election Calendar November 6, 2012 Santa Clara County DATES ACTIVITIES / DOCUMENTS July 5, 2012** (E — 125) DUE DATE FOR RESOLUTIONS FOR GOVERNING BOARD ELECTIONS Deadline for jurisdictions to submit resolutions for a governing board election. July 16, 2012 (E — 113) NOMINATION PERIOD OPENS First day candidates may pick up nomination documents either at the district office or at the Office of the Registrar of Voters. August 10, 2012 (E — 88) NOMINATION PERIOD CLOSES * Deadline to file (in the Office of the Registrar of Voters only) all required nomination documents. WITHDRAWAL OF CANDIDATE No candidate shall withdraw after this date for offices which do not have an extension period. DUE DATE FOR MEASURE RESOLUTIONS AND TAX RATE STATEMENTS * Last day for jurisdictions to file a resolution calling for a measure election, and if applicable, tax rate statements. August 11 through August 15, 2012 (E — 87 to E — 83) EXTENSION PERIOD * If an incumbent fails to file a Declaration of Candidacy by August 10th for his or her office, there will be a 5 -calendar -day extension during which any candidate, other than the incumbent, may file or withdraw from said office. August 14, 2012 (E — 84) DUE DATE FOR ARGUMENTS * Deadline set by the Registrar of Voters for submitting arguments in favor of and against a measure. August 16, 2012 (E — 82) RANDOMIZED ALPHABET DRAWING This day the Secretary of State and the local elections official will conduct a drawing of letters of the alphabet to determine the order in which candidates appear on the ballot. August 21, 2012 (E — 77) DUE DATE FOR REBUTTALS AND IMPARTIAL ANALYSES * Deadline set by the Registrar of Voters for submitting rebuttals to arguments in favor of and against and the impartial analysis. September 10 through October 23, 2012 (E — 57 to E — 14) WRITE-IN CANDIDACY OPENS AND CLOSES Time frame for write-in candidates to obtain and file nomination documents in the Office of the Registrar of Voters. 92 Abbreviated Presidential General Election Calendar November 6, 2012 Santa Clara County DATES ACTIVITIES / DOCUMENTS October 5, 2012 (E — 32) F.P.P.C. 1st PRE-ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the period of 7-1- 12*** to 9-30-12. October 8, 2012 (E — 29) FIRST DAY FOR MAILING OF VOTE BY MAIL BALLOTS First day of mailing of Vote by Mail ballots. October 22, 2012 (E — 15) LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION Deadline to register to be eligible to vote in the November 6, 2012 election. October 25, 2012 (E — 12) F.P.P.C. 2"d PRE-ELECTION STATEMENT DUE Deadline for financial disclosure report Form 460 covering the period of 10-1-12 to 10-20-12. October 21 through November 5, 2012 (E — 16 to E — 1) LATE CONTRIBUTION/INDEPENDENT EXPENDITURES Sums over $1000 to/from a single source must be reported within 24 hours. The Late Independent Expenditure report is required only for committees (not candidate committees) that make independent expenditures totaling $1,000 or more to support or oppose a single candidate or a single ballot measure. October 30, 2012 (E — 7) LAST DAY TO REQUEST VOTE BY MAIL BALLOT BY MAIL Deadline to submit a request for a Vote by Mail ballot to be mailed to voter. NOVEMBER 6, 2012 (E) ELECTION DAY Polls are open from 7:00 a.m. to 8:00 p.m. December 4, 2012 (E + 28) OFFICIAL CANVASS OF VOTE Registrar of Voters to certify election results by December 4, 2012. This calendar may not contain all of a candidate's or district's filing requirements. The Office of the Registrar of Voters is not open for filings on Saturday, Sunday or holidays. * The legal 10 -calendar -day public examination period in which a writ of mandate may be sought begins immediately following the filing deadline for submission of those documents. The writ of mandate request shall be filed no later than the end of the 10 -calendar -day public examination period. ** Due to holiday. *** The period covered by any statement begins on the day after the closing date of the last statement filed, OR January 1st, if no previous statement has been filed. 93 r SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: Public Works PREPARED BY: Kristin Borel Public Works Analyst AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Motor Vehicle (MV) Resolution restricting parking on Saratoga Avenue RECOMMENDED ACTION: Move to adopt a Motor Vehicle Resolution authorizing No Parking or Stopping on a portion of Trinity Avenue. REPORT SUMMARY: A resident on Biarritz Lane requested a parking restriction on Saratoga Avenue to the west of the exit of Biarritz Lane onto Saratoga Avenue. The Council has previously approved restrictions where driveways or roadways exit onto Saratoga Avenue. High speeds and traffic volumes have required more sight distance to exit safely. Cars parked too close to the exit block the sight distance required at this location. The Traffic Engineer reviewed the request and recommended that 75 feet of red curb be painted on Saratoga Avenue to south of the intersection of Biarritz Avenue where it intersects with Saratoga Avenue. In order to enforce the new No Parking restriction, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to paint the curb. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and traffic conditions would continue as is. 94 ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The curb will be painted and/or signs posted and the Sheriff's Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Map 2. Memo from Fehr & Peers 3. MV Resolution 95 Saratoga Avenue Parking Restriction No Parking or Stopping ... ., . I . .4' C ./ 0 • ' t • • • 41‘ " 4• ... t ,, 1 T • ''' . .. ..• -1-°1';' ° .i, ° • , - A l': ,‘,ir -.;',.. tri AP , ..f cl/y. d4 r' dP.-.., . . ,,A*, " li• _I, :- e ,P s ., 'dirl . . ..f, "tr „..0 .0 U• • , , 4 . . -...1 _ . ".. • IS' .Ck4V . ,., - * •. • ., (:?/•1.. '1104. ‘'.//. . ., , ' , .'.:.' , - ' ' •:'. . t' ,.._ ,,,‘, " i , . • • •. : ''' ...! ' ..• •• • . . .- . s‘ '•:: . ..,,, .,./ /.. 110 ,.. V. •. - • • . .:;-', • . ,.. . , 1 **, , :. . .. . N' . PI . - s".''.." ' .'". -.;.' 40. . _ • . • . t . ' . l , . . tit min 0 20 40 80 120 160 Feet A• NORTH 96 Date: To: From: FEHRtPEERS MEMORANDUM May 24, 2012 John Cherbone, City of Saratoga, Public Works Director Franziska Church/Sohrab Rashid Subject: Saratoga Avenue/Biarritz Lane Intersection - Sight Distance Evaluation 1025-446-3 Fehr & Peers has completed an evaluation of sight distance at the Saratoga Avenue/Biarritz Lane intersection in Saratoga, California. A resident brought this item to the attention of the City of Saratoga Public Works staff in March 2012. The resident indicated that vehicles parked on the east side of the south leg of Saratoga Avenue restrict visibility for drivers of vehicles turning right out of Biarritz Lane (Biarritz Lane is restricted to right-in/right-out movements only). After review of this issue, Fehr & Peers determined that parking should be restricted on the east side of Saratoga Avenue for 75 feet south of Biarritz Lane to provide reasonable visibility. This memorandum summarizes the sight distance analysis at the Saratoga Avenue/Biarritz Lane intersection. BACKGROUND Saratoga Avenue is a north -south, four -lane major arterial that traverses through the center of the City of Saratoga and connects to the City of San Jose in the north and the Village area of Saratoga in the south. Near the Biarritz Lane intersection, Saratoga Avenue includes a raised median and the posted speed limit is 40 miles per hour (mph). Biarritz Lane is a local street that serves as an internal circulator for the Chardonnay residential development at the south-east corner of Saratoga Avenue/Bucknall Avenue intersection. The Saratoga Avenue/Biarritz Lane intersection is a "T" intersection, where Biarritz Lane provides the east leg of the "T" intersection and Saratoga Avenue the north and south legs. Access at the Saratoga Avenue/Biarritz Lane intersection is restricted to right-in/right-out only and is a side -street stop -controlled intersection (i.e. Biarritz Lane is stop -controlled). Biarritz Lane intersects Saratoga Avenue via a driveway design across the sidewalk as opposed to a public street intersection with raised curbs and wheelchair ramps, etc. On -street parking is generally permitted on Saratoga Avenue near Biarritz Lane, though there are some intermittent red curb parking restrictions to provide access to fire hydrants or to increase visibility at entrances to other residential developments. In March 2012, a resident communicated that the sight distance appears to be limited for drivers in vehicles turning right out from Biarritz Lane when vehicles are parked on the east side of the south leg of the Saratoga Avenue/Biarritz Lane intersection. Fehr & Peers conducted an evaluation to determine if the intersection meets industry design standards, with and without vehicles parked on the south side of Saratoga Avenue. 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278-1700 Fax (408) 278-1717 www.fehrandpeers.com 97 John Cherbone May 24, 2011 Page 2 of 3 SIGHT DISTANCE EVALUATION FEHO'PEERS Sight distance is evaluated to determine if a driver will have adequate visibility to enter a roadway without resulting in a conflict with traffic already on that roadway. In this case, adequate visibility should be provided so that a vehicle traveling westbound on Biarritz Lane and turning right onto Saratoga Avenue will not conflict with through traffic traveling northbound on Saratoga Avenue. Additionally, a vehicle traveling northbound on Saratoga Avenue should be able to see a vehicle exiting Biarritz Lane so that adequate time is available for the driver to react and either take evasive action or stop his or her vehicle, if needed. In accordance with Caltrans' Highway Design Manual (HDM, 2007) the minimum stopping sight distance required for vehicles turning left from Biarritz Lane to Saratoga Avenue is 360 feet based on a design speed of 45 mph. Design speed is typically five (5) mph hour higher than the posted limit, which is 40 mph on Saratoga Avenue. min x Iminv ..... 1 x Figure 1: Intersection Sight Distance During a field visit, the sight distance was measured at the westbound approach of Biarritz Lane approximately 13 feet behind the face of curb for the northbound direction, which is the approximate distance where the driver would be when parked at the edge of the sidewalk. This distance from the face of curb is approximately where a driver would be located when stopped and deciding when to turn (see Figure 1 to left). Without any vehicles parked on the street near Biarritz Lane, the available sight distance for drivers on Biarritz Lane with their vehicle stopped behind the sidewalk was measured to be approximately 170 feet when looking for vehicles traveling northbound on Saratoga Avenue (see Figure 2). The line of sight for drivers is impeded by the extensive landscaping located behind the sidewalk south of Biarritz Lane. This sight distance would be further reduced if one or more vehicles were parked near the intersection. In developed areas including Saratoga, minimum required sight distance is often not available for drivers when their vehicles are positioned behind a sidewalk or crosswalk. Assuming that a vehicle moves forward to increase the driver's sight distance and the driver's eyes are approximately six (6) feet behind the face of the curb, the measured sight distance is approximately 300 feet with a car parked down the street (see Figure 3). In either case, the existing sight distance on Saratoga Avenue without cars parked immediately adjacent to Biarritz Lane intersection is less than the minimum sight distance of 360 feet required by industry standards. CONCLUSIONS The existing sight -distance at Biarritz Lane looking to the south on Saratoga Avenue without vehicles parked immediately south of Biarritz Lane does not meet the minimum sight distance of 98 John Cherbone May 24, 2011 Page 3 of 3 FEHRi)'PEERS 360 feet . Restricting parking for 75 feet (approximately three car lengths) south of Biarritz Lane would connect to an existing red curb in front of a residence; thus, the first available parking space south of Biarritz Lane would be where the car is shown in Figures 2 and 3. Thus restricting parking for 75 feet from Biarritz Lane will ensure that at least 300 feet of sight distance is provided. In addition, vehicles can move forward onto the shoulder of the road to further increase their sight distance to the recommended 360 feet. To balance the parking needs along Saratoga Avenue with the need to provide reasonable visibility, we recommend that a parking prohibition be implemented between Biarritz Lane and the existing red curb to the south (approximately 75 feet). Figure 2: Saratoga Avenue/Biarritz Lane Intersection Looking South (towards Cox Avenue) from Biarritz Lane with no parked vehicles on the street and 13 feet from face of curb Figure 3: Saratoga Avenue/Biarritz Lane Intersection Looking South (towards Cox Avenue) from Biarritz Lane with parked vehicles on the street and 6 feet from face of curb 99 RESOLUTION NO. MV - RESOLUTION IMPLEMENTING A NO PARKING RESTRICTION ON SARATOGA AVENUE The City Council of the City of Saratoga hereby resolves as follows: L Based upon an engineering and traffic study, the following parking restrictions shall be designated on Saratoga Avenue in the location specified below: NAME OF LOCATION RESTRICTION STREET Saratoga Avenue Starting at the southwest corner of the intersection of Saratoga Avenue and Biarritz Lane and traveling south for seventy five (75) feet. No Parking or Stopping Anytime II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 6th day of June, 2012, by the following vote: AYES: NOES: ABSTAIN: AB SENT: ATTEST: Crystal Morrow, City Clerk Chuck Page, Mayor 100 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: Public Works PREPARED BY: Kristin Borel Public Works Analyst AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Motor Vehicle (MV) Resolution restricting parking on Trinity Avenue RECOMMENDED ACTION: Move to adopt a Motor Vehicle Resolution authorizing No Parking or Stopping on a portion of Trinity Avenue. REPORT SUMMARY: The City was contacted by the Principal of Foothill Elementary School concerned with pedestrian safety for children walking to school on Lacey Avenue and Trinity Avenue. The school has a back entrance to the property on Trinity Avenue which gets congested with pedestrians and cars traveling on the street. The main concern is at the walkway where the path intersects with Trinity Avenue. Cars parking there for pick up and drop off can make it difficult to see children entering and exiting the school grounds. The roadway is congested during peak traffic periods and a clear area is needed as children exit/enter the school grounds and onto the roadway. The Traffic Safety Commission and Traffic Engineer reviewed this request at their March 8, 2012 meeting and recommended that a No Parking or Stopping restriction be extended to the west along the frontage of the property adjacent to the walkway to enhance pedestrian safety. Staff met with the homeowner of the adjacent property and reviewed the restriction options outlined by the Traffic Engineer, and the owner requested the 24-hour "No Parking" option. In order to enforce the new No Parking restriction, it is necessary that the attached Motor Vehicle Resolution be adopted by City Council. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to paint the curb. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. 101 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The MV Resolution would not be adopted and traffic conditions would continue as is. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The curb will be painted and/or signs posted and the Sheriff s Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Map 2. Memo from Fehr & Peers 3. MV Resolution 102 Trinity Avenue Parking Restriction "No Parking or Stopping Anytime" Restriction Foothill Elementary School A isFAF FF. Extension of red curb 4,4 Existing red curb 103 FEHRt PEERS MEMORANDUM Date: May 28, 2012 To: John Cherbone, Public Works Director, City of Saratoga From: Franziska Church/Sohrab Rashid Subject: Review of On -Street Parking on Trinity Avenue, Saratoga, California 1025-446-3 Fehr & Peers has completed an evaluation of traffic concerns on Trinity Avenue near Foothill Elementary School in Saratoga, California. The school's principal brought this item to the attention of the Saratoga Traffic Safety Commission (TSC) at the March 8, 2012 meeting. After review of the item and input from Fehr & Peers, the TSC recommended prohibiting parking on the north side of Trinity Avenue just west of the Lacey Avenue intersection. This memorandum addresses parking concerns on Trinity Avenue during the school's peak periods and our recommendation for parking restrictions on Trinity Avenue. BACKGROUND Trinity Avenue is an east -west, two-lane local roadway with a posted speed limit of 25 miles per hour. Trinity Avenue forms an "L" intersection with Lacey Avenue, where Trinity Avenue extends west at the northern terminus of Lacey Avenue. Lacey Avenue is a short (approximately 325 -foot), north -south, two-lane local roadway that connects to Reid Lane. At the corner of the Trinity Avenue/Lacey Avenue intersection is a footpath to Foothill Elementary School that provides an unofficial access to the school (i.e. parents are discouraged from using this area as a drop- off/pick-up location). A marked crosswalk is painted across the east end of Trinity Avenue near the Lacey Avenue intersection. On -street parking is generally permitted on both side of Trinity Avenue, except for 10 feet west of the crosswalk on the north side of Trinity Avenue and 25 feet west of the crosswalk on the south side of the roadway. No sidewalks or walking paths are provided on Trinity Avenue, except for 145 feet west of the crosswalk along the first two residential properties on the north side of the roadway. ON -STREET PARKING EVALUATION Field observations were conducted on February 29, 2012 to observe traffic operations during the schools morning drop-off and afternoon pick-up times. Since the Trinity Avenue/Lacey Avenue intersection is a secondary school drop-off/pick-up area, congestion at this location was not observed to be substantial. Approximately 30 vehicles used this location as an access point to the school. 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278-1700 Fax (408) 278-1717 www.fehrandpeers.com 104 John Cherbone May 28, 2012 Page 2 of 2 FEHO'PEERS Drivers parked their vehicles on both sides of Trinity Avenue and Lacey Avenue to drop-off/pick- up school children. Since Foothill is an elementary school, many parents/guardians parked their cars and walked to drop-off/pick-up children at the school. Many children were observed with rolling backpacks, which makes the uneven surface on the pathway in front of the second residential property less convenient to children and guardians walking to and from the school. And vehicles that parked on the north side of Trinity Avenue just west of the crosswalk and the 10 -foot red curb would essentially block access to the short even sidewalk on the north side of Trinity Avenue. This effectively forced children and their guardians to walk in the travel way next to the parked cars. Trinity Avenue is about 38 -feet wide near the Lacey Avenue intersection, which provides about 19 feet for each travel direction. Assuming a width of 8 feet for a parked car, this leaves approximately 11 feet in each direction where pedestrians and vehicle travel comingle. Since Trinity Avenue intersects with Lacey just east of the crosswalk, there are visibility concerns for vehicles traveling north on Lacey Avenue and turning left onto Trinity Avenue. Drivers do not need to stop or yield to vehicles to make this turn and drivers do not necessarily expect pedestrians to be walking in the street, especially when vehicles are parked on the north side of Trinity Avenue and the overall traveled way in narrowed. CONCLUSIONS To allow for adequate travel lane width and improved visibility of pedestrians in the area, we recommend that parking and stopping be prohibited on the north side of Trinity Avenue for an additional 70 feet west of the crosswalk. Parking should be prohibited during one of the following time periods on weekdays school is in session: A. Peak drop-off/pick-up times (generally 8:00 am to 9:00 am and noon to 3:15 pm) B. School hours (8:00 a.m. to 3:15 pm) C. All day (24 -hours) All of these restrictions would increase visibility, encourage pedestrians to use the available walking paths/sidewalk, and would enhance safety. Options A and B provide some flexibility and restrict parking either during the school's peak drop-off/pick-up times (Option A) or when school parking would be most expected to occur (Option B). Option C would restrict parking all day and would prohibit parking in front of the first residence all day Monday through Friday, and would apply to all vehicles including those owned by adjacent residents. To address the issue with school -generated traffic, Option A or B would be sufficient. While Option C is feasible, a parking prohibition is outside school hours is not required from an operational or perspective. If there are activities at the school and associated sport fields during non -school times the City could implement parking/stopping restrictions for longer time periods. 160 West Santa Clara Street, #675, San Jose CA 95113 (408) 278-1700 Fax (408) 278-1717 www.fe h ra n d pee rs. co m 105 RESOLUTION NO. MV - RESOLUTION IMPLEMENTING A NO PARKING RESTRICTION ON TRINITY AVENUE The City Council of the City of Saratoga hereby resolves as follows: L Based upon an engineering and traffic study, the following parking restrictions shall be designated on Trinity Avenue in the location specified below: NAME OF LOCATION RESTRICTION STREET Trinity Avenue Along the frontage of 20677 Trinity Avenue (APN: 503-49-040) starting at the driveway and traveling west for seventy (70) feet. No Parking or Stopping Anytime II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 6th day of May, 2012, by the following vote: AYES: NOES: ABSTAIN: AB SENT: ATTEST: Crystal Morrow, City Clerk Chuck Page, Mayor 106 01 SA; xxo�? MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SARATOGA CITY COUNCIL PREPARED BY: Kristin Borel Public Works Analyst SUBJECT: Contract Extension for Scanning Services RECOMMENDED ACTION: Approve a two-year contract extension with Peelle Technologies for scanning services and authorize City Manager to execute the same. REPORT SUMMARY: Peelle Technologies has been providing scanning services since the City completed an RFP in 2010. Peelle was selected from seven companies and was chosen because of their scanning experience, attention to detail, and their client references were consistently positive. The City's experience with this company has been wholly positive. They have delivered excellent scanning results with few problems. Their customer service has been helpful and always responsive to the needs of the City. Peelle Technologies has agreed not to increase their fees for the term of this contract, so it is therefore recommended that City Council approve the contract extension with Peelle Technologies for scanning services and authorize the City Manager to execute the same. FISCAL IMPACTS: Funding for this contract is available in the CIP and broken down by departments as follows: Department Budget Available Public Works $74,600 Community Development $20,800 City Manager's Office $10,900 $106,300 Page 1 of 2 107 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing contract would not be extended and scanning of the City's records would be on hold. ALTERNATIVE ACTION (S): None in addition to the above. FOLLOW UP ACTION(S): The contract extension will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Contract Extension Page 2 of 2 108 CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Peelle Technologies, Inc., ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated July 01, 2010 ("Original Agreement"); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to extend the term by entering into this Amendment to the Original Agreement. ---The remainder of this page is intentionally left blank--- Laserfiche Scanning Services Peelle Technologies, Inc. First Amendment to Contract Agreement 109 Page 1 of 2 NOW THEREFORE, the parties hereto agree as follows: 1. Amended Term. The term of the Agreement commenced on July 1, 2010 and will extend through June 30, 2014 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D to the Original Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga: By: Contractor: By: Dave Anderson, Date Jim Detrick, City Manager President Attest: Crystal Morrow, City Clerk Approved as to Form: Date Richard S. Taylor, Date City Attorney Attachments: Attachment 1 Original Agreement Laserfiche Scanning Services Peelle Technologies, Inc. First Amendment to Contract Agreement 110 Date Page 2 of 2 Laserfiche Scanning Services Peelle Technologies CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Peelle Technologies ["Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. City of Saratoga Independent Contractor Agreement Page 1 of 23 111 Laserfiche Scanning Services Peelle Technologies 2. TERM The term of this Agreement commences on July 1St, 2010 and extends through June 30th, 2012 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. City of Saratoga Independent Contractor Agreement Page 2 of 23 112 Laserfiche Scanning Services Peelle Technologies 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Dave Anderson, City Manager ("Administrator") . The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: City of Saratoga Independent Contractor Agreement Page 3 of 23 113 Laserfiche Scanning Services Peelle Technologies Jim Detrick President Peelle Technologies 197 East Hamilton Avenue Campbell, CA 95008 Tel: 1-800-233-5006 Notices to City shall be sent to: Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall City of Saratoga Independent Contractor Agreement Page 4 of 23 114 Laserfiche Scanning Services Peelle Technologies be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SARATOGA, CONTRACTOR: a municipal corporation Peelle Technologies By: By: Dave Anderson, City Manager Jim Detrick, President Date: Date: APPROVED AS TO FORM: By: Richard Taylor City Attorney Date: Attachments Exhibit A -- Exhibit B -- Exhibit B-1 -- Exhibit C -- Exhibit D -- Exhibit E -- Scope of Work Contract Payment and Reporting Schedule Rate Schedule Facilities and Equipment General Provisions Insurance Requirements City of Saratoga Independent Contractor Agreement Page 5 of 23 115 Laserfiche Scanning Services Peelle Technologies EXHIBIT A SCOPE OF WORK Upon the request of the Administrator or his or her designee, the City will require the contractor to perform services which include, but are not necessarily limited to: Retrieve and transport records identified by the City to the Contractor's facility and convert the records to a laser fiche format at a minimum of 300dpi for documents and 400 dpi for maps and plans. This will include: • Document Preparation • Special handling of older or degraded documents • Document Scanning at optimal dpi, and settings for letter and legal size, large and extra large formats, microfiche in 16 and 32 formats, color and grayscale formats, etc • Document Indexing: The City will provide explicit index criteria for the images • OCR-ing of all documents and `tagging' searchable information onto non -OCR -able scans as directed • Creation of CD masters and duplicates and delivery of these to the City • Emergency/urgent retrieval of documents on request by the City • Return all documents to the City in their original state City of Saratoga Independent Contractor Agreement Page 6 of 23 Exhibit A — Scope of Work 116 Laserfiche Scanning Services Peelle Technologies EXHIBIT B PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor at the rates set forth on the attached rate schedule, Exhibit B-1. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A - Scope of Work of this Agreement shall not exceed One Hundred and Thirty Five Thousand Eight Hundred and Seventy Six ($135,876) 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Hourly Rates schedule is shown on Exhibit B-1. Invoices shall be sent to the City no later than the 15th of the month following the month term being invoiced for. Invoices shall contain the following information: i. Serial identifications of bills for each City Department, i.e. Invoice No.1 on each individual invoice sheet. ii. Reference the pertinent City Department and invoice number on each individual invoice sheet. iii. The beginning and ending dates of the billing period on each individual invoice sheet. iv. A summary cover sheet containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. City of Saratoga Independent Contractor Agreement Page 7 of 23 Exhibit B — Payment 117 Laserfiche Scanning Services Peelle Technologies EXHIBIT B-1 RATE SCHEDULE Fee Schedule Service Description Umt Cost Document Preparation: S20.001hour Document Scanning Letter and legal -size documents (300 DPI) In black & white or color: Large -format documents — maps/plans (400 DPI) In black & white: In color: 10.09/image $1.25/image $2.75/image Microfiche Scanning (300 DPI) 16mm frame format (5 -channel jackets): 35mm frame format (2 -channel jackets): 16 --35mm frame format ("combo" jackets): $2,00/fiche $1,251fiehc $1.75/f cine Document Indexing: Included Optical Character Recognition (OCR): Included Emergency / Urgent Retrieval (scan & e-mail on demand): See above Special Handling (if necessary): $20.00/hour CD Recording/Labeling (masters and duplicates): $10.00/CD Transportation (pickup & delivery via Peelle truck): $35.001trip Document Storage & Destruction Storage Fee (3 -month maximum period): Destruction Fee: Included $8 .00/box Credit for documents not properly scanned (rescanned at DTIC): Agreed Applicable sales tax will be added to all invoices. City of Saratoga Independent Contractor Agreement Page 8 of 23 Exhibit B-1 — Rate Schedule 118 Laserfiche Scanning Services Peelle Technologies EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. City of Saratoga Independent Contractor Agreement Page 9 of 23 Exhibit C — Facilities and Equipment 119 Laserfiche Scanning Services Peelle Technologies EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. City of Saratoga Independent Contractor Agreement Page 10 of 23 Exhibit D — General Provisions 120 Laserfiche Scanning Services Peelle Technologies 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. c. Prevailing Wages. This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this City of Saratoga Independent Contractor Agreement Page 11 of 23 Exhibit D — General Provisions 121 Laserfiche Scanning Services Peelle Technologies public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ("DIR"). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and City of Saratoga Independent Contractor Agreement Page 12 of 23 Exhibit D — General Provisions 122 Laserfiche Scanning Services Peelle Technologies all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this City of Saratoga Independent Contractor Agreement Page 13 of 23 Exhibit D — General Provisions 123 Laserfiche Scanning Services Peelle Technologies Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal and Signature of Registered rofessional with report/design responsibility. City of Saratoga Independent Contractor Agreement Exhibit D — General Provisions 124 Page 14 of 23 Laserfiche Scanning Services Peelle Technologies 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this City of Saratoga Independent Contractor Agreement Page 15 of 23 Exhibit D — General Provisions 125 Laserfiche Scanning Services Peelle Technologies provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the City of Saratoga Independent Contractor Agreement Page 16 of 23 Exhibit D — General Provisions 126 Laserfiche Scanning Services Peelle Technologies Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here -from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material City of Saratoga Independent Contractor Agreement Page 17 of 23 Exhibit D — General Provisions 127 Laserfiche Scanning Services Peelle Technologies produced, confidential information, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non- binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION In the event that either party brings an action under this agreement for breach or enforcement thereof, the prevailing party in such action shall be entitled to its reasonable attorneys' fees and costs whether or not such action is prosecuted to judgement. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON -RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. City of Saratoga Independent Contractor Agreement Page 18 of 23 Exhibit D — General Provisions 128 Laserfiche Scanning Services Peelle Technologies 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. City of Saratoga Independent Contractor Agreement Page 19 of 23 Exhibit D — General Provisions 129 Laserfiche Scanning Services Peelle Technologies EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury/$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $2,000,000 combined single limit for bodily injury and property damage City of Saratoga Independent Contractor Agreement Page 20 of 23 Exhibit E - Insurance 130 Laserfiche Scanning Services Peelle Technologies $ per person/$ per accident for bodily injury $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $2,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. City of Saratoga Independent Contractor Agreement Page 21 of 23 Exhibit E - Insurance 131 Laserfiche Scanning Services Peelle Technologies (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: "... endeavor to ..." AND "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: City of Saratoga Independent Contractor Agreement Page 22 of 23 Exhibit E - Insurance 132 Laserfiche Scanning Services Peelle Technologies 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII City of Saratoga Independent Contractor Agreement Page 23 of 23 Exhibit E - Insurance 133 r SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: Public Works PREPARED BY: Macedonio Nunez Associate Engineer AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Contract Extension for Traffic Signal Maintenance RECOMMENDED ACTION: Approve a two-year contract extension with Republic ITS for monthly maintenance and on call repair of traffic signals, and authorize the City Manager to execute the same. REPORT SUMMARY: Currently, the City's traffic signals are maintained on a monthly basis by Republic ITS per a defined maintenance schedule. The current contract also provides for on call repair and service on the traffic signals when the need arises, or when the signal trouble is beyond the scope of monthly maintenance. The only new addition to this contract is the maintenance and repair of the City's lighted crosswalks. There are currently two (on Hwy 9 at Oak Street and at Carnelian Glen) but in the next year three more will be added. Hwy 9 at Mendelsohn will be added as a part of the Hwy 9 Phase II Project, the crosswalk at Cox Avenue near Quito Market will be enhanced with lights, and the third on Big Basin Way near Starbucks as part of the Village Enhancement Project. Republic ITS has agreed not to increase their fees for the term of this contract, so it is therefore recommended that City Council approve the contract extension with Republic ITS for monthly signal maintenance and on-call repair services and authorize the City Manager to execute the same. FISCAL IMPACTS: Funding for this work is programmed in the adopted annual budget for traffic signal maintenance. The budget contains sufficient funds to cover the contract amount. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing contract would not be extended and traffic signal maintenance would not continue. Page 1 of 2 134 ALTERNATIVE ACTION (S): None in addition to the above FOLLOW UP ACTION(S): The contract extension will be executed. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Contract Extension Page 2 of 2 135 City of Saratoga Republic ITS: Third Amendment to Agreement CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and REPUBLIC ITS dba SIEMENS, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated July 1, 2006 ("Original Agreement") and amended the agreement by an amendment signed by the City Manager on January 27, 2009 ("First Amended Agreement") and by a second amendment to the Agreement Signed by the City Manager on ("Second Amended Agreement"); WHEREAS, City and Contractor wish to amend the Second Amended Agreement in order to change the term, scope of work and total payment amount. NOW THEREFORE, the parties hereto agree as follows: 1. Amended Term. The term of the Agreement commenced on July 1, 2006 will extend through June 30th, 2014 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D to the Original Agreement. 2. Amended Scope of Work Terms. The Scope of Work terms included in Exhibit A-1 to the First Amended Agreement are hereby replaced in their entirety supplemented with the Scope of Work Terms attached as Exhibit A-2 to this Amendment. 3. Amended Payment Terms. The payment terms included in Exhibit B-2 to the Second Amended Agreement are hereby replaced in their entirety supplemented with the payment terms attached as Exhibit B-3 to this Amendment. Amendment to Agreement Page 1 of 8 136 City of Saratoga Republic ITS: Third Amendment to Agreement IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga: By: Contractor: By: Dave Anderson, City Manager Date Print Name: Date Title: Attest: Crystal Morrow, City Clerk Date Approved as to Form: Date Richard S. Taylor, City Attorney Attachment: Exhibit A-2 --- Scope of Work Terms Exhibit B-3 --- Payment Terms Amendment to Agreement Page 2 of 8 137 City of Saratoga Republic ITS: Third Amendment to Agreement EXHIBIT A-2 SCOPE OF WORK 1. Contractor agrees to furnish all labor, material and equipment to perform all work necessary to maintain traffic signal facilities within the jurisdiction of City, all in accordance with the terms herein. Contractor is to do all such work and provide such material, as an independent contractor, subject to inspection and approval by the Director of Public Works or the Director's authorized agent. 2. Contractor agrees to the following preventative maintenance: LIST OF INTERSECTIONS Contractor will maintain the following traffic signals: Prospect Rd. /Miller Ave. Quito Rd. /Allendale Ave. Quito Rd. /Pollard Ave. Saratoga -Sunnyvale Rd./Reid Ln./Gerald Zapelli Ct. Saratoga -Sunnyvale Rd. /Herriman Ave. Saratoga -Sunnyvale Rd. /Blauer Dr. Saratoga -Sunnyvale Rd. /Pierce Rd. Saratoga -Sunnyvale Rd. /Cox Ave. /Wardell Rd. Saratoga -Sunnyvale Rd. / Seagull Ave. Saratoga Ave. /Cox Ave. Saratoga Ave. /Vineyard Ln. /Bellgrove Cir. Saratoga Ave. /Dagmar Dr. Saratoga Ave. /Scotland Dr. Saratoga Ave. /Fruitvale Ave. Fruitvale Ave. /Allendale Ave. Contractor will maintain the following lighted crosswalks as described in the following section of this Amendment: Saratoga -Los Gatos Road at Oak Street lighted crosswalk system Saratoga -Los Gatos Road at Vickery Avenue lighted crosswalk system Saratoga -Los Gatos Road at Mendelsohn Ln lighted crosswalk system Big Basin Way lighted crosswalk system (Starbucks Corner) Cox Ave between Saratoga Ave and Paseo Presada CONTRACTOR SHALL PERFORM THE FOLLOWING TASKS CONSISTENT WITH THE NEEDS OF THE CITY OF SARATOGA: MONTHLY ROUTINE MAINTENANCE - TRAFFIC SIGNALS Check the time setting, coordination plans and match with time sheet on electromechanical and solid state controllers. Visually inspect controller and cabinet for proper operation. Exhibit A-2 : Scope of Work Page 3 of 8 138 City of Saratoga Republic ITS: Third Amendment to Agreement Visually inspect all vehicular and pedestrian signals for proper operation and replace outages found. Visually inspect and realign signals as required. Visually inspect all LED vehicular and pedestrian signals for proper operation and replace outages found. All LED units will be reimbursed by SARATOGA. Labor and equipment for installation of LED units are included. Check load switches. Check relays. Visually check for bent visors and back plates. Reset telephone modems. Check for broken or missing emergency vehicle detectors. Visually inspect the battery backup system (BBS). Turn off Utility power and ensure system effectively switches to the BBS. Manually record inspection date and time in controller cabinet and send written confirmation of monthly inspection with recommendations to SARATOGA by intersection. MONTHLY ROUTINE MAINTENANCE LIGTHED CROSSWALKS All lighted crosswalk systems - activate and visually inspect all flashing lights including lights embedded in roadway pavement, signs, beacons, overhead lights and other flashing or non -flashing lights connected to the crosswalk systems. This includes all advanced signs, beacons and overhead lights. Activate and use the crosswalk observing the timing; recommend timing changes if necessary. Record inspection date and time and send the reports to the City monthly. In case a corrective action is recommended, send the report to the City immediately. All lighted crosswalk systems - visually inspect all poles, signs, push buttons, overhead lights and support structures and solar panels for any sign of damage. Record inspection date and time and send the reports to the City monthly. In case a corrective action is recommended, send the report to the City immediately. All lighted crosswalk systems - visually check shading and or accumulated debris on solar panels connected to each crosswalk system. Record inspection date and time and send the reports to the City monthly or upon request. In case vegetation trimming or other corrective action is recommended, send the report to the City immediately. 3 - MONTH ROUTINE MAINTENANCE (In addition to monthly) Check and actuate each pedestrian push button for proper operation. Visually inspect roadway along loop detectors for possible exposed wires, cracks and pot holes. Check detector amplifiers and tune if needed. Manually record inspection date and time in controller cabinet and send written confirmation of 3 -month inspection with recommendations to SARATOGA by intersection. 6 - MONTH ROUTINE MAINTENANCE (In addition to monthly and 3 -month) Check controller cabinet filter. Check ground rod clamp and wire. Check wire schematics and records to make sure they are in the cabinet. Exhibit A-2 : Scope of Work Page 4 of 8 139 City of Saratoga Republic ITS: Third Amendment to Agreement Check operation of the fan. Check operation of ground fault receptacle. Measure voltage at service inputs in cabinet and record. Visually check for wear and function on electromechanical components. Check BBS battery voltage/amp output. Make recommendations for battery replacement when necessary. Test BBS charging system. Test batteries and record results. Report results regarding measurement level to client. Manually record inspection date and time in controller cabinet and send written confirmation of 6 -month inspection with recommendations to SARATOGA by intersection. YEARLY ROUTINE MAINTENANCE (In addition to monthly, 3 and 6 -month) Vacuum and clean controller cabinet and contents. Replace cabinet filter. Check weatherproof gasket seal on controller cabinets. Visually check integrity of splices on all pullboxes. Check for water accumulation and duct sealant. Lubricate hinges and lock on controller cabinets. Check indicator lamps. Check all connectors. Check detector extensions. Clean BBS. Check all BBS connections and clean terminals. Add anti -corrosion compound to the battery terminals. Record BBS results and provide report to client. Read electronic error history of Conflict Monitor or Malfunction Management Unit and record results if any. Test Conflict Monitor or Malfunction Management Unit. Test Emergency vehicle Pre-emption system by driving all approaches and testing with strobe. Manually record inspection date and time in controller cabinet and send written confirmation of yearly inspection with recommendations to SARATOGA by intersection. 3. Contractor agrees to respond to normal traffic signal, lighted crosswalks and illuminated street name sign lamp outage calls during regular business hours under the per month per intersection price specified in Exhibit B, section 1. 4. Contractor will perform an initial inspection of all intersections and lighted crosswalks and provide written recommendations of all repairs required. Said work shall be performed on a time and material basis at the rates specified in Exhibit B, section 1. 5. Contractor agrees to provide phone service for the receiving of notification of inoperative Traffic Signals including those items requiring emergency repair and service during Contractor's normal business hours and an answering service for the receiving of notification of inoperative Traffic Signals or lighted Exhibit A-2 : Scope of Work Page 5 of 8 140 City of Saratoga Republic ITS: Third Amendment to Agreement crosswalks requiring emergency repairs or service at all times (7days per week) other than Contractor's normal business hours, whether such notification originates with City or of a party or person other than City. 6. Contractor agrees to have service personnel available 24 hours per day to respond to traffic signal, lighted crosswalks and controller trouble calls. Response time will be within one hour during regular business hours and after regular business hours and weekends. In the event of multiple calls, each will be serviced on a priority basis. City will provide Contractor with a priority list. This priority list will constitute authorization from City to Contractor to leave an intersection of a non-priority status to respond to a priority intersection. 7. Contractor agrees to provide response service 24 hours per day for repair of the equipment and appurtenances, such as safety lighting, street name signs, street lighting, pedestrian and traffic signals, lighted crosswalks, controllers, flashing beacons and detector devices which Contractor may be called upon from time to time by City to repair, replace or refurbish. However, it is understood that any materials requiring replacement in excess of Two Thousand Five Hundred Dollars ($2,500.00) will not be installed without prior written approval from City. 8. Respond and make corrective action to all service requests within one hour on weekdays (regular hours; 7am to 4pm), and two hours on nights (4pm to 7am), weekends, and holidays. No travel time charges shall be incurred during normal regular hours. Service requests during non -regular hours are subject to a two hour minimum charges. Exhibit A-2 : Scope of Work Page 6 of 8 141 City of Saratoga Republic ITS: Third Amendment to Agreement EXHIBIT B-3 PAYMENT TERMS 1. TOTAL COMPENSATION In addition for furnishing said labor, materials and equipment, pursuant to Paragraphs 2 and 3, (preventative maintenance), Contractor shall receive from the City the sum of Ninety -Five Dollars ($95.00) per month for each signalized intersection and the sum of Fifty Dollars ($50.00) per month for each lighted crosswalk. In consideration for furnishing labor, materials and equipment pursuant to Exhibit A, Paragraph 4, Contractor shall receive the invoice cost of materials plus 20% and its then current labor rates. Equipment rental rates shall be the rates specified in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates that is in effect at the time the work is performed plus 15%. The total sum which City shall pay per fiscal year for the routine maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $20,100.00. The total sum which City shall pay per fiscal year for the response maintenance work product to be provided by Contractor pursuant to this Agreement (including reimbursable expenses) shall not exceed $30,000.00. Labor Hourly Rate Schedule Electrician Foreman $ 96.85 Labor/Electrician $ 88.00 Labor/Electrician (Overtime) $155.00 Equipment Hourly Rate Schedule Bucket Truck $ 25.00 Mobile Crane $ 65.00 Compressor $ 18.00 Arrow -board $ 15.00 Engineering Fee Schedule Principal Engineer $195.00 per hour Senior Engineer $175.00 per hour Associate Engineer $150.00 per hour Staff Engineer $125.00 per hour Senior Engineering Assistant $115.00 per hour Engineering Assistant $105.00 per hour CAD Operator $75.00 per hour Clerical $75.00 per hour Reproductions Cost plus 15% Exhibit B-3 : Payment Terms Page 7 of 8 142 City of Saratoga Republic ITS: Third Amendment to Agreement 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Exhibit B-3 : Payment Terms Page 8 of 8 143 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer SUBJECT: Contract Renewal for City Surveyor Consulting Services RECOMMENDED ACTION: Approve a two-year contract renewal with Giuliani and Kull, Inc. for City Surveyor Services and authorize the City Manager to execute the same. REPORT SUMMARY: Giuliani and Kull, Inc. have been providing surveying consulting services and application peer review services for the City since 2009. They are a well-established professional consulting firm with a strong background in land surveying, engineering and peer review services for other cities. During the previous three years, Giuliani and Kull, Inc. provided excellent services in subdivision map examination, lot line adjustment applications review and other land surveying services as needed. They have been very responsive to completing projects in an organized and timely manner. Attached is the original contract with Giuliani and Kull, Inc. and the contract renewal for two years. They agreed to keep the same rates for the extension of the contract. It is therefore recommended that City Council approve an extension to the existing contract with Giuliani and Kull, Inc. for peer review services and on-call City Surveyor services for the City and authorize the City Manager to execute the same. FISCAL IMPACTS: Funding is available in the adopted budget. The majority of the City Surveyor services will be funded by development applications. Page 1 of 2 144 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The agreement extension will not be executed. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The agreement will be executed and Giuliani and Kull, Inc. will keep providing the City Surveyor's services. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Original City Surveyor Contract 2. Contract Extension Page 2 of 2 145 CITY OF SARATOGA PUBLIC WORKS DEPARTMENT STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and GIULIANI AND KULL, INC., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order front the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on July 1, 2009, and extends through June 30, 2010 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, Public Works Department Page 1 of 18 146 which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Dave Anderson ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Mark A. Helton, PE, PLS Giuliani & Kull, Inc. 4880 Stevens Creek Blvd., Suite 205 San Jose, CA 95129 Tel. (408) 615-4000 x206 Fax. (408) 615-4004 Notices to City shall be sent to: Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Public Works Department Page 2 of 18 147 Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. -The remainder of this page is intentionally blank - Public Works Department Page 3 of 18 148 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: BY: ed 61. IL,-- Date: & O/ Print Name: Mark Helton, P.L.S. 7078 Position: 1---.A 5 o wcta CITY OF SARATOGA, a municipal corporation By: s Name: Dave Anderson Title: City Manager APPROVED AS TO FORM: By: City Attorney Date: Date: APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrati Attachments Exhibit A -- Exhibit B -- Exhibit B-1 Exhibit C -- Exhibit D -- Exhibit E - e Servic s Director Scope of Work Contract Payment and Reporting Schedule -- Personnel Rate Sheet FY 2009-2010 Facilities and Equipment General Provisions Insurance Requirements Date: 6.23 Public Works Department Page 4 of 18 149 EXHIBIT A SCOPE OF WORK On request of the Public Works Director or his or her designee, Consultant will perform surveying services on behalf of the City in the following particulars: a. Review of tentative subdivision map, lot line adjustment, certificate of compliance, and other applications to assist in establishing conditions of approval relating to survey requirements of the Subdivision Map Act, Professional Land Surveyors Act and the City Code. b. Perform the land surveying functions of the City Engineer in connection with the processing of subdivision maps, parcel maps, lot line adjustments, and certificates of compliance. c. Provide land surveying input to the City's Public Works and Community Development Departments as requested relating to City sponsored projects and City owned property and right of way. d. Provide a written response to the City by the date specified by the City or when the date is not specified, within twenty (20) working days after receipt of submitted review material and City authorization. The foregoing services shall be compensated for by City at the times, and in the amounts, as hereinafter set forth. All such services shall be performed by Consultant in a good and workmanlike manner and in accordance with the highest standards of surveying practices. Public Works Department page 5 of 18 150 EXHIBIT B PAYMENT 1. TOTAL COMPENSATION . City shall pay Contractor at the rates set forth on the attached rate schedule, exhibit B-1. The total compensation (including equipment, supply, and expense costs) pursuant to Exhibit A --- Scope of Work of this Agreement shall not exceed Sixteen Thousand Dollars ($16,000). All services shall be rendered within the monetary limits authorized per each transmittal City shall be notified if limit is reached and work shall be suspended until further monetary limit is authorized. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Hourly Rates schedule is shown on Exhibit B-1. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c, A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. Public Works Department Page 6 of 18 151 EXHIBIT B-1 PERSONNEL RATE SHEET FY 2009-2010 The hourly rate proposal for this contract is $120.00 / hour. If requested, other surveying services can be provided at the following rates: • 2 Person Field Crew at an hourly rate of $205.00 / hour. • Assistant Surveyor / Computer Technician at an hourly rate of $95.00 / hour. • Senior Drafter at an hourly rate of $85,00 / hour. • Clerical / Administrative Support at an hourly rate of $65.00 / hour. Public Works Department Page 7 of 18 152 EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. Public Works Department Page 8 of 18 153 EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all Public Works Department Page 9 of 18 154 liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. c. Prevailing Wages. Certain work performed pursuant to this agreement may be a public work within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on such work shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ("DIR"). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file at 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor- is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, Public Works Department Page 10 of 18 155 mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In. General. Contractor shall take reasonable care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the terra hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from Public Works Department Page 11 of 18 156 participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys,. photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. Public Works Department 157 Page 12 of 18 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes to the extent predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost to the extent arising out of or in any way related to the negligent performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs (including, without limitation, costs and fees of litigation) of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to defend, indemnify and hold harmless City as set forth above for liability attributable to the active negligence, sole negligence, or willful misconduct of City, provided such active negligence, sole negligence, or willful misconduct is determined by agreement between the parties or the findings of a court of competent jurisdiction. c. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. d. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. e. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indernnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By Public Works Department Page 13 of 18 158 execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreernent and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreernent and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance or contract with another party to perform this Agreement. c. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged here -from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential inforrnation, consultant's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreernent. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any Public Works Department Page 14 of 18 159 dispute or clainm arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit there to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON -RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreernent. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreernent. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. Public Works Department Page 15 of 18 160 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage $ per occurrence bodily injury/$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER. INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self=insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $2,000,000 combined single limit for bodily injury and property damage per person/$ per accident for bodily injury $ per occurrence for property damage $ 500,000 combined single limit for bodily injury and property damage Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the consultant, regardless of where the vehicles are kept or driven. X Professional/Errors and Omissions Liability with coverage as indicated: X $1,000,000 per loss/ $1,000,000 aggregate $5,000,000 per loss/ $5,000,000 aggregate Public Works Department Page 16 of 18 161 Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement, Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three-year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: "... endeavor to ..." AND "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a, Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Public Works Department Page 17 of 18 162 b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: I . Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII Public Works Department Page 18 of 18 163 CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and Giuliani and Kull, Inc., ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated June 24, 2009 ("Original Agreement"); and amended the agreement by an amendment signed by the City Manager on May 26, 2010 ("First Amended Agreement"); and WHEREAS, City and Contractor wish to amend the Original Agreement and First Amendment to Agreement in order to extend the term of Agreement and amend the payment terms by entering into this Second Amendment to the Original Agreement and First Amendment to Agreement. ---The remainder of this page is intentionally left blank --- City Surveyor Consultant Services 2°d Amendment to Contract Page 1 of 2 164 NOW THEREFORE, the parties hereto agree as follows: 1. Amended Term. The term of the Agreement commenced on July 1, 2009 and will extend through June 30, 2014 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D to the Original Agreement. 2. Amended Payment Terms. The second paragraph of section 1 of Exhibit B-2 to the amended agreement is replaced with the following: The total payments in any fiscal year (beginning July 1 and ending the following June 30) for the work described in Exhibit A (including equipment, supply, and expense costs) shall not exceed Sixteen Thousand Dollars ($16,000). IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga: By: Contractor: By: ;41 Dave Anderson, Date Mark A. Helton, PE., PLS. Date City Manager Attest: Crystal Morrow, City Clerk Approved as to Form: Date Richard S. Taylor, Date City Attorney Attachments: Attachment 1— Original Agreement Attachment 2 — First Amendment to Original Agreement 323494.1 City Surveyor Consultant Services 2"d Amendment to Contract Page 2 of 2 165 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay SUBJECT: Zoning Ordinance Amendment Modifying the Definition of Impervious Surface, Providing Site Coverage Credits, and Providing Exemptions for Driveways & Emergency Vehicle Access. RECOMMENDED ACTION: Conduct a public hearing. Introduce and waive the first reading of the ordinance amending City Code Sections 15-06.370, 15-11.080, 15-12.080, 15-13.080, 15-17.070 and 15-20.080 , and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. REPORT SUMMARY: At its meeting of February 15, 2012, the City Council directed the Planning Commission to: 1. Update the impervious surface definition to be consistent with the City's Water Efficiency Landscape Ordinance. 2. Provide consistency among site coverage exemptions for driveways and related emergency vehicle turnarounds within the Hillside Residential (HR), Residential Open Space (R -OS), and Agricultural (A) zoning districts. The Planning Commission held two public hearings, on March 28th & May 9th and is recommending the following changes to the City Code: • Amend the definition of impervious surface to the following: "Impervious surface" means any structure or constructed surface that prevents the passage of water into the underlying soil or otherwise significantly increases runoff and disrupts the aesthetic of the landscape. Common impervious surfaces include but are not limited to concrete, asphalt, roofs, and brick or other stone materials set in sand or concrete." • Amend the site coverage allowance in the R-1, RM, HR and R -OS zoning districts to provide a 50% coverage credit for solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios for determining compliance with impervious surface limitations. • Standardize site coverage exemptions in the HR, R -OS, and A districts for driveways and emergency vehicle turnaround areas when such an exemption is deemed necessary by the Planning Commission to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving Page 1 of 2 166 trees; reducing any visual impacts; or meeting public safety or emergency vehicle access requirements. Additional background material is provided in the Planning Commission staff report (Attached No. 3) and its related attachments. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act, the amendment is exempt under CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ALTERNATIVE ACTION: Do not accept the Planning Commission's recommendation and provide staff with direction. FOLLOW UP ACTION: Schedule the ordinance for a second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Notice of the hearing was published in the Saratoga News on May 22, 2012 and mailed in the manner and to the extent required by law. ATTACHMENTS: 1. Ordinance 2. Planning Commission Resolution of Approval 3. Planning Commission Staff Report 4. Correspondence from resident Application No. ZOA 12-0002 Page 2 of 2 167 ORDINANCE NO. AN ORDINANCE AMENDING THE SARATOGA CITY CODE ARTICLES 15-06, 15-11, 15-12, 15-13, 15-17 AND 15-20 CONCERNING IMPERVIOUS SURFACES ZOA 12-0002 THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: a. The City of Saratoga wishes to amend the City Code to correlate the impervious surface definition in the zoning code with the City's Water Efficiency Landscape Ordinance (Article 15- 47 of the Saratoga City Code) and to provide consistency among site coverage exemptions for driveways and related emergency vehicle turnarounds within the Hillside Residential (HR), Residential Open Space (R -OS), and Agricultural (A) zoning districts. b. The amendments affect provisions of the City's zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on March 28 2012 and as continued on May 9 2012, recommended adoption of the updates to Chapter 15. c. The City Council of the City of Saratoga held a duly noticed public hearing on June 6, 2012, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance. Section 2. Adoption. The Saratoga City Code is hereby amended by adding the text shown in bold double underline (example) and deleting the text shown in strikeout (example) in the sections listed below. Text in standard font is adopted without change. Sections within an Article that are not included below are unchanged from the existing City Code. A. Article 15-06 - Definitions 15-06.370 - Impervious surface. "Impervious surface" means any structure or constructed surface that prevents the passage of water into the underlying soil or otherwise significantly increases runoff and disrupts the natural aesthetic of the landscape. Common impervious surfaces include but are not limited to concrete, asphalt, roofs, and brick or other stone materials set in sand or concrete. including, but not limited to, solid surface decks and patios, 1 168 and surfaces composed of gravel, decomposed granite, clay, and bricks with sand or concrete. B. Article 15-11 — A: Agricultural District 15-11.080 - Site coverage. The maximum site coverage on any lot in an A district shall be as • •• . •- •- .: shall not exceed twenty-five percent or fifteen thousand square feet, whichever is less. ¶(13) In determining the amount of impervious surface, tThe area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas determined to be necessary for safety purposes, shall may be excluded exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080. C. Article 15-12 - R-1: Single -Family Residential Districts 15-12.080 - Site coverage. The maximum site coverage, as defined in Section 15-06.620(0, in each R-1 district shall be as set forth in the following table. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for determining the calculation of site coverage within this Section. District Coverage (percent) R-1-10,000 60 R-1-12,500 55 R-1-15,000 50 R-1-20,000 45 R-1-40,000 35 D. Article 15-12 — HR: Hillside Residential District 15-13.080 - Site coverage. The maximum site coverage on any lot in the HR district shall be not exceed twenty-five percent, or fifteen thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and 2 169 patios will be counted at only 50% of the total area of such surfaces for determining the calculation of site coverage within this Section. The area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be exexempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080. E. Article 15-17 — R -M: Multi -Family Residential Districts 15-17.070 - Site coverage. The maximum net site area covered by structures in each R -M district shall be forty percent. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for determining the calculation of site coverage within this Section. F. Article 15-20 — Residential Open Space District 15-20.080 - Site coverage. The maximum site impervious coverage on any lot in the R -OS district shall not exceed either twenty-five percent or twelve thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for determining the calculation of site coverage within this Section. The area of a single Ddriveways providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be excluded exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080 15 20.50(i), except for when a conditional use permit is granted by the Planning Commission for clustering development. Section 3. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this 3 170 ordinance should remain in effect after the invalid portion has been eliminated. Section 4. California Environmental Quality Act Pursuant to the California Environmental Quality Act, the amendments are exempt under CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments and additions would have minimal impact on the environment. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. [The Remainder of This Page is Intentionally Blank] 4 171 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of June, 2012, and was adopted by the following vote following a second reading on the 20th of June, 2012: AYES: NOES: ABSENT: ATTEST: Crystal Morrow CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA 5 172 RESOLUTION NO. 12-011 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT THE ORDINANCE AMENDING SARATOGA CITY CODE SECTIONS 15-06.370,15-11.080,15-13.080, and 15-20.080 WHEREAS, on February 15, 2012, the Saratoga City Council directed staff to update the City's Sign Ordinance; and WHEREAS, the amendment is exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, on March 28 2012, the Planning Commission held a duly noticed public hearing on the proposed amendments, and considered evidence presented by City staff, the public, and other interested parties. All comments raised during the Public Hearing on the Project were considered by the Planning Commission. WHEREAS, on May 9 2012, the Planning Commission held a duly noticed public hearing on the proposed amendments, and considered evidence presented by City staff, the public, and other interested parties. All comments raised during the Public Hearing on the Project were considered by the Planning Commission. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The amendments are consistent with Saratoga General Plan Land Use Element Goal LU 6 which provides that the City should protect natural resources and amenities through appropriate land use and related programs and General Plan Open Space/Conservation Element Goal 9 which provides that the City should protect existing watercourses in the community and enhance water quality in surface and subsurface water sources. Section 3: The City of Saratoga Planning Commission finds: 1. The amendment to City Code Section 15-06.370 is more consistent with the City's General Plan goal to minimize runoff from development by not penalizing property owners for using permeable materials. The revision is also consistent with the language used in the City's Water Efficiency Landscape Ordinance. 2. The amendments to City Code Sections 15-11.080, 15-13.080, and 15-20.080 unify the standards for site coverage in the Agricultural, Residential Open Space, and Hillside Residential zoning districts. The amendments also reestablish the impervious surface exemption for driveways and emergency turnaround areas in the Hillside Residential zoning district, an area which is characterized by large lots as found in the Agricultural and Residential Open Space district. Such lots may require a long driveway to access the site, which limits the amount of impervious coverage permitted for reasonable development of a site. Additional lot coverage for driveways in the Hillside 173 Resolution No. 12-00 Page 2 Residential District, where lots tend to be large, is necessary to achieve reasonable vehicular access to a site without unreasonable restrictions on standard development of such site and to preserve the natural landscape insofar as practical by designing structures to follow the natural contours of the site and minimize tree and soil removal. Section 4: The City of Saratoga Planning Commission recommends the City Council adopt the Ordinance amending City Code Sections 15-06.370, 15-11.080, 15-13.080, and 15- 20.080. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 9th day of May 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tina K. Walia Chair, Planning Commission 174 EXHIBIT A The Saratoga City Code is hereby amended by adding the text shown in bold (example) and deleting the text shown in strikeout (example) in the sections listed below: 15-06.370 - Impervious surface. "Impervious surface" means any structure or constructed surface that prevents the passage of water into the underlying soil or otherwise significantly increases runoff and disrupts the natural aesthetic of the landscape. Common impervious surfaces include but are not limited to concrete, asphalt, roofs, and brick or other stone materials set in sand or concrete. including, but not limited to, solid surface decks and patios, 15-11.080 - Site coverage. The maximum site coverage on any lot in an A district shall be as follows: The maximum sitc coverage shall not exceed twenty-five percent or fifteen thousand square feet, whichever is less. (b) In determining the amount of impervious surface, the area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas determined to be .. - . may be excluded exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; and or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080. 15-13.080 - Site coverage. The maximum site coverage on any lot in the HR district shall be not exceed twenty-five percent, or fifteen thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for the purposes of determining compliance with impervious surface limitations within this Section. In determining the amount of impervious surface, the area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be excluded exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; and or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080. 15-20.080 - Site coverage. The maximum site impervious coverage on any lot in the R -OS district shall not exceed either twenty-five percent or twelve thousand square feet, whichever is less. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for the purposes of determine compliance with impervious surface limitations within this Section. In determining the amount of impervious surface, the area of a single Ddriveways providing vehicular access from the street to the required enclosed parking 175 EXHIBIT A spaces on the site, and any related emergency vehicle turnaround areas may be cxcluded exempted, in whole or in part, from the calculation of site coverage, to the extent necessary, in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; and or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080 15 20.50(i), except for when a conditional use permit is granted by the Planning Commission for clustering development. 15-12.080 - Site coverage. The maximum site coverage, as defined in Section 15-06.620(f), in each R-1 district shall be as set forth in the following table. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for the purposes of determining compliance with impervious surface limitations within this Section. 15-17.070 - Site coverage. The maximum net site area covered by structures in each R -M district shall be forty percent. Solid surface decks and compacted surfaces made of porous materials used for walkways, driveways and patios will be counted at only 50% of the total area of such surfaces for the purposes of determining compliance with impervious surface limitations within this Section. 176 REPORT TO THE PLANNING COMMISSION Meeting Date: May 9, 2012 Application No: ZOAl2-0002 Type of Application: Zoning Amendment Location / APN: Citywide Owner/Applicant: City of Saratoga Staff Planner: Cynthia McCormick, Planner, AICP SUMMARY The proposed zoning ordinance amendment would update the defmition of impervious surface and provide a consistent review process for considering site coverage exemptions for driveways and related emergency vehicle turnarounds. BACKGROUND: At its meeting of February 15, 2012, the City Council directed the Planning Commission to: • Update the impervious surface definition to be consistent with the City's Water Efficiency Landscape Ordinance. • Provide consistency among site coverage exemptions for driveways and related emergency vehicle turnarounds within the Hillside Residential, Residential Open Space, and Agricultural zoning districts. On March 28 2012, the Commission held a Public Hearing on the Ordinance and recommended the following design objectives for exempting driveways & emergency vehicle access areas: • Placing structures in geographically stable areas; • Avoiding major or minor ridgelines; • Preserving trees; • Reducing any visual impacts; • Meeting public safety or emergency vehicle access requirements; and/or • Reducing overall project grading or changes in slope. STAFF RECOMMENDATION: Adopt Resolution No. 12-011 recommending the City Council adopt the Ordinance amending City Code Sections 15-06.370, 15-11.080, 15-13.080, and 15- 20.080. Page 1 of 4 177 DISCUSSION: Impervious Surface: In 2006, the City's definition of impervious coverage in City Code Section 15-06.370 was amended as any structure or constructed surface that disrupts the natural aesthetic of the landscape, including, but not limited to, solid surface decks and patios, accessory structures, swimming pools, recreational courts, paved driveways and parking areas, and surfaces composed of gravel, decomposed granite, clay, and bricks with sand or concrete. This first half of this definition is partially consistent with the General Plan Land Use Element which states the "Impervious coverage is defined as any structure or constructed surface that disrupts the aesthetics of the landscape." However, inclusion of the word natural is not necessary to preserve the aesthetic of the landscape objective and precludes technological advances in artificial pervious materials that can be both aesthetically pleasing and achieve water conservation and water quality goals. The General Plan further states that "Impervious coverage limitations are intended to minimize runoff resulting from development of the parcel. Likewise, the California Water Efficiency Landscape Ordinance defines "pervious" as any surface or material that allows the passage of water through the material and into the underlying soil. This standard is different than the City's impervious surface definition which includes materials such as gravel and decomposed granite. These materials are considered to be "mulch" in the Water Efficiency Landscape Ordinance. A new definition for impervious surface that would capture the language used in the Water Efficiency Landscape Ordinance and maintain conformance with the General Plan could be as follows: 15-30.020: "Impervious surface" means any structure or constructed surface that prevents the passage of water into the underlying soil or otherwise significantly increases runoff and disrupts the aesthetic of the landscape. Exemptions for Driveways & Emergency Vehicle Access In 1998, the City amended the Zoning Ordinance to remove the site coverage exemption for driveways in the R1-40,000 and Hillside Residential zoning districts, while maintaining this exclusion in the Agricultural and Residential Open Space zoning districts (Attachment 3). The explanation of these changes is limited to the following statement in the 1998 City Council staff report (Attachment 4): "In addition, amendments are being proposed to Lot Impervious Coverage requirements to match the language of the Measure G initiative." However, Measure G (Attachment 6) did not create any new development standards. Measure G did readopt and reaffirm certain policies of the General Plan in effect at the time the initiative was filed. In addition, Measure G added several new policies that imposed a voter approval requirement for amendments to the policies that were reaffirmed and readopted by the Measure. Application No. ZOA 12-0002 Page 2 of 4 178 The site coverage exemptions for R1-40,000 and HR were in place prior to the adoption of Measure G and were in conformance with the General Plan that was in effect at the time the initiative was filed. Therefore, re-establishing the exemption for the HR district is consistent with the General Plan. The terminology for the driveway exception that remained unchanged for the Agricultural and Residential Open Space districts is shown below. Section 15-20.080 (Residential Open Space site coverage) ....Driveways may be excluded from the calculation of site coverage, as determined and approved by the Planning Commission, subject to the findings described in Section 15-20.50(i), except for when a conditional use permit is granted by the Planning Commission for clustering development. Section 15-11.080 (Agricultural site coverage) .... In determining the amount of impervious surface, the area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related turnaround area determined to be necessary for safety purposes, shall be excluded. Buildings in the hillsides are required to be sited in geologically stable areas which may not always be located near public access roads. In many cases this necessitates longer driveways which need to be wide enough to accommodate emergency vehicles and provide adequate turnaround areas for these vehicles. The larger driveway and turnaround areas significantly reduce the available site coverage available for structures. Consistent application of site coverage exemptions in the Agricultural, Residential Open Space, and Hillside Residential zoning districts is advisable. The following changes (see Exhibit A for tracking) would provide that consistency and allow the driveway exemption to be approved by the Planning Commission subject to certain findings. 15-11.080 - Site coverage. The maximum site coverage on any lot in an A district shall not exceed twenty-five percent or fifteen thousand square feet, whichever is less. In determining the amount of impervious surface, the area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be excluded from the calculation of site coverage in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; and or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080. 15-13.080 - Site coverage. The maximum site coverage on any lot in the HR district shall not exceed twenty-five percent, or fifteen thousand square feet, whichever is less. In determining the amount of impervious surface, the area of a single driveway providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be excluded from the calculation of site coverage in order to meet one or more of the following design objectives: placing structures in geographically stable areas; Application No. ZOA 12-0002 Page 3 of 4 179 avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; and or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080. 15-20.080 - Site coverage. The maximum site impervious coverage on any lot in the R- OS district shall not exceed either twenty-five percent or twelve thousand square feet, whichever is less. In determining the amount of impervious surface, the area of a single driveways providing vehicular access from the street to the required enclosed parking spaces on the site, and any related emergency vehicle turnaround areas may be excluded from the calculation of site coverage in order to meet one or more of the following design objectives: placing structures in geographically stable areas; avoiding major or minor ridgelines; preserving trees; reducing any visual impacts; meeting public safety or emergency vehicle access requirements; and or reducing overall project grading or changes in slope, as determined and approved by the Planning Commission, subject to the findings described in Section 15-45.080, except for when a conditional use permit is granted by the Planning Commission for clustering development. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act, the amendment is exempt under CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. NEXT STEPS: The ordinance amendment is scheduled for a City Council Public Hearing on June 6, 2012. ATTACHMENTS: 1. Resolution 2. Proposed Amendments (Exhibit A) 3. 1998 Ordinance Amendments to driveway exemption 4. 1998 City Council Report 5. 1998 City Council Minutes 6. Measure G 7. Memo to City Council from City Attorney 8. Correspondence from resident Application No. ZOAl2-0002 Page 4 of 4 180 City Council Minutes 2 September 16, 1998 2) Resolution 779.8 amending Conflict of Interest Code 3) Approval of Check Register 4) Amendment to Cal ID Agreement 5) Memo authorizing Publicity for Upcoming Hearings - No hearings scheduled October 7 6) Resolution 98-30 on Criminal History BOGOSIAN/MORAN MOVED TO APPROVE CONSENT CALENDAR ITEMS 5-B-1 THROUGH 5- B-6. PASSED 5-0. C. CLAIMS AGAINST THE CITY - None Mayor Wolfe moved the agenda to Item 7A. 7. OLD BUSINESS A. Zoning Ordinance Amendments (second reading and adoption) - Proposed amendments include revisions to the Building Floor Area and Average Site Slope definitions, the Building Floor Area Reduction requirements, the Administrative Design Review and Accessory Structure Review process, and the Sign Ordinance. New regulations would include a restriction on the number of wood burning fireplaces allowed and the creation of a creek protection setback for new construction. In addition, amendments are being proposed to the Lot Impervious Coverage requirements to match the language of the Measure G initiative. The proposed amendments have been determined to be categorically exempt from the requirements of the California Environmental Quality Act. Community Development Director Walgren presented the staff report, noting that staff's position remained the same. Mr. Steve Blanton, Public Affairs Director of the Peninsula West Valley (Pen West) Association of Realtors, addressed the Council. He expressed Pen West's support of the ordinance other than the exception process and proposed possible alternate language which he distributed to the Council. Mr. John Mehaffey, Saratoga resident, addressed the Council describing his neighborhood as mostly 7500 square -foot lots where many of the new homes built are two stories. He asked the Council to preserve the possibility of building two-story homes and maintain the exception process. A discussion ensued and staff responded to Councilmembers' questions. Councilmember Jacobs questioned whether staff had reviewed the proposed language prior to it being distributed tonight and proposed continuing the item so staff and the City Attorney could review and comment. Mr. Walgren said that staff had reviewed the language which would be more appropriate as a disclaimer rather than part of the ordinance. City Attorney Riback concurred that the proposed language was not appropriate ordinance language. A discussion ensued whether the language would go in the ordinance or on the application. Following discussion, JACOBS/MORAN MOVED TO ADOPT ORDINANCES 71-177 THROUGH 71- 86 BY 1'1'1'LE ONLY, WAIVING FURTHER READING. PASSED 5-0. Mayor Wolfe requested that staff continue to work with Pen West to address matters of concern which may come up in the future. • SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. AGENDA ITEM MEETING DATE: September 16,1998 CITY MANAGER: L a ORIGINATING DEPT: Community Development DEPT HEAD: SUBJECT: AZO -98-001; CITY OF SARATOGA Consideration of proposed amendments to Article 14 and 15 of the Municipal Code - Saratoga's Subdivision and Zoning Ordinances, respectively. Amendments would include revisions to the Building Floor Area and Average Site Slope definitions, the Building Floor Area Reduction requirements, the Administrative Design Review and Accessory Structure Review processes and the Sign Ordinance. New regulations are also proposed that would include a restriction on the number of wood burning fireplaces allowed in residential dwellings and the creation of creek protection setback criteria for new construction. Lastly, staff is proposing amendments to the Lot Impervious Coverage requirements to match the language of the Measure G initiative. RECOMMENDED MOTION: Move to adopt Subdivision and Zoning Ordinance amendments. REPORT SUMMARY: The Planning Commission reviewed the following proposed Zoning Ordinance amendments at their June 24, 1998 regular public hearing meeting. With some minor changes, the Commission unanimously recommended approval of the amendments to the City Council. Councilmembers were presented with the amendments at their July 21 adjourned meeting. Having no additional changes, the Council scheduled the amendments for the August 5 hearing. At the August 5 meeting the Council heard from the Peninsula West Valley Association of REALTORS (PenWest) group expressing their concerns regarding the floor area reduction Ordinance. They did not object to the elimination of the floor area reduction for the larger lot zoning districts, but they were opposed to the proposal that the reduction rule would still apply to the smaller lot districts. Specifically, they were concerned that the exception process would be eliminated for these districts. 182 The allowable floor area for all single-family residential lots in Saratoga is first determined according to Article 15-45 of the Zoning Ordinance, and then further reduced based on the height of the proposed structure - 1.5 percent for each one foot of building height in excess of 18 ft. This reduction does not apply to the HR zoning district. This requirement was adopted in 1992 as part of a comprehensive package of Zoning Ordinance amendments. The intent at the time was to discourage homeowners within predominantly single story neighborhoods to build taller two-story homes. An exception to this regulation was provided for those applicants who could demonstrate that their particular neighborhood was already predominantly developed with two-story homes. Since this Ordinance was adopted, the City has processed many exception applications. The pattern has been that these requests are almost always denied in the smaller lot zoning districts, and almost always approved in the R1-40,000 zoning districts. In every case, the applicant, staff and the Planning Commission have had to struggle with defining the geographical "neighborhood" and what constitutes a "predominance". An unfortunate side-effect of this process has also been residents' consistent interpretation of these exception requests as being Variance requests - that every exception approval is granting yet another Variance to Saratoga's Zoning Ordinance. To simplify this process and still provide an incentive to keep new buildings low in the districts where the vast majority of single story structures are found (R1-10,000, R1-12,500, R1-15,000 and R1-20,000), staff is recommending that the floor area reduction provision no longer apply to single- family residential structures in the R1-40,000 zoning district. The reduction would still apply to the smaller lot -size zoning districts, but the exception process to the reduction rule would be eliminated. It is the latter suggestion that PenWest is objecting to. Their group would prefer to retain the exception process for the smaller lot districts. FISCAL IMPACTS: None. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice of the hearing was published in the Saratoga News. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION: The Subdivision and Zoning Ordinance amendments would not be adopted. FOLLOW UP ACTIONS: None. Final hard -copy Ordinances will be available at the meeting for the Mayor's signature. ATTACHMENTS: 1. Ordinances 2. PenWest Correspondence 2 183 EP -11-98 FRI 10:24 MEYERS,NAVE, RIBACK&SILV, FAX NO. 510 351 4481 ORDINANCE NO. 71- P. 06/23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING SECTIONS 15-12.080 AND 15-13.080 OF THE CODE OF THE CITY OF SARATOGA RELATING TO SITE COVERAGE The City Council of the City of Saratoga does hereby ordain as follows: SECTION 1. Sections 15-12.080 and 15-13.080 of the Code of the City of Saratoga are hereby amended to read as follows: "Section 15-12.080 Site Coverage. {-a-} The maximum coverage in each R-1 district shall be as set forth in the following table: District R-1-10,000 R-1-12,500 R-1-15,000 R-1-20,000 Coverage 60% 55% 50% 45% District Covcragc R-1-10,000 35% Section 15-13.080 Site Coverage. The maximum site coverage on arty lot in the HR district shall be as follows: 1 184 SEP -11-98 FRI 10:24 MEYERS,NAVE, RIBACK&SILV. FAX NO. 510 351 4481 thousand square feet, whichever is less. twenty-five percent, or fifteen P. 07/3 SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. The above and foregoing Ordinance was regularly introduced and after the waiting time required by law, was thereafter passed and adopted at a regular meeting of the City Council of Saratoga held on the day .of , 1998, by the following vote. AYES: NOES: ABSENT: ATTEST: City Clerk ScpLember 11, 1998 MSR:dsp J:\WPD\MNRS W\273\ORb.98\SITECOVE.98 2 185 Mayor v. Reference Copy Full Text of MEASURE G Saratoga Neighborhood Preservation Initiative Page Creation of Second Dwelling Units 2 Density as defined by Measure G 2-3 Duration of Measure G 3 General Plan reaffirmed and extended 2-4 Protection of Open Space 3 Purpose of Measure G 3 Rezoning/Redesignation of Land 4-6 State -mandated Housing, allowances for 2, 5, 6 Voting .... when necessary? 1-2, 4, 5 For your personal copy of Measure G call (408) 257-1084. Provided by SONIC Save Our Neighborhoods Initiative Committee http://www.best.com/--measureg SARATOGA NEIGHBORHOOD PRESERVATION INITIATIVE TO THE HONORABLE CLERK OF THE CITY OF SARATOGA: We, the undersigned, registered and qualified voters of the City of Saratoga, hereby propose an ordinance to amend the City of Saratoga General Plan. We petition you to submit the same to the City Council of the City of Saratoga for its adoption without change, or for rejection and submission of the same to the voters of the City of Saratoga at a special election. In the event that the initiative petition is not signed by the number of voters required by Elections Code section 9214 and the City Council of the City of Saratoga does not adopt the ordinance without change, we petition you to submit the ordinance to amend the City of Saratoga General Plan to the voters of the City of Saratoga at the next regular municipal election. AMENDMENT TO THE CITY GENERAL PLAN REQUIRING VOTE OF THE PEOPLE IN ORDER TO INTENSIFY EXISTING LAND USE DESIGNATIONS FOR ALL LANDS DESIGNATED "RESIDENTIAL " OR "OUTDOOR RECREATION" The people of the City of Saratoga do hereby ordain as follows: Section 1. Purpose and Findings. A. The protection of the character of existing low density residential neighborhoods and outdoor recreational open space areas in the City of Saratoga is of critical importance to Saratoga residents. The City was founded as a semi -rural residential community and most residents moved here because of this distinctive feature. Saratoga remains unique among South Bay communities because of its country atmosphere and open space areas, its majestic trees, an unusually low crime rate, and quiet neighborhoods free of or only minimally affected by retail, commercial and office development. B. In recent years, however, the very attributes that make Saratoga so desirable have become threatened. The City Council is under strong and unceasing pressure from developers to convert residential and open space lands to retail commercial or high density residential developments. Proposals for more intensive development in residential neighborhoods are now regularly before the City; almost certainly some of these will be granted. C. The opening of the Route 85 freeway through Saratoga may also dramatically increase development pressure in Saratoga. Newly opened freeway corridors typically undergo an intensification of commercial, industrial and high density residential development. D. The unique character and quality of Life of City residents depend on the protection of Saratoga's residential neighborhoods and recreational open space areas. This initiative, if approved by the voters. will provide this assurance by giving greater stability to the City's General Plan. specifying that general plan provisions essential to the protection of the residential and recreational open space areas in the City can be amended or repealed only by the voters of the City of Saratoga. In particular, the initiative requires, with certain exceptions. a vote of the people to permit: (1) the redesignation of residential ]ands to 187 Page 1 of commercial, industrial or other land use designations, (2) an increase of densities or intensities of residential land use, or (3) the redesignation of recreational open space lands to other land use designations. This initiative does not affect the City's existing regulations that authorize the creation of second dwelling units. Nor does the initiative interfere with the City's obligation under state law to revise the Housing Element of the General Plan every five years. E. The Land Use Element of the City of Saratoga General Plan, adopted May 4, 1983 as amended through August 7, 1995 (hereinafter, "City's Land Use Element"), sets forth policies that protect the character of Saratoga's residential neighborhoods, including the following: LU.8.0 Affirm that the City shall continue to be predominantly a community of single-family detached residences. LU.8.1 Existing non-developed sites zoned single-family detached residential should remain so designated. This initiative serves to further the purpose underlying the foregoing policies. F. The City's Land Use Element establishes development standards for residential land use in six subcategories (using the term "DU" to refer to dwelling units), as follows: A. Hillside Conservation Single Family - Maximum density of .5 DU/net acre or 1.55 people/acre. Maximum intensity of building and impervious surface coverage: 15,000 square feet or 25% of site area, whichever is less. B. Very Low Density Single Family - Maximum density of 1.09 DU/net acre or 3.38 people/acre. Maximum intensity of building and impervious surface coverage: 35% of site area. C. Low Density Single Family - Maximum density of 2.18 DU/net acre or 6.76 people/acre. Maximum intensity of building and impervious surface coverage: 45% of site area. D. Medium Density Single Family - 1. M-10 - maximum density of 4.35 DU/net acre or 13.5 people/acre. 2. M-12,5 - maximum density of 3.48 DU/net acre or 10.8 people/acre. 3. M- 15 maximum density of 2.90 DU/net acre or 9.0 people/acre. In all cases above, the maximum intensity of building and impervious surface coverage is: 50%- 60% of site area. E. Multi -family - Maximum density of 14.5 DU/net acre or 27-45 people/acre. Maximum intensity of building coverage: 40% of site area. F. P -D (Planned Development) Residential - 4.35 to 12.45 DU/net acre or 13.5 to 38.6 people/acre. Maximum intensity of building coverage: 25% 35% of site area. All projects proposed on sites with this designation shall require Page 2 0P Y$ 1 use permit approval as provide for in Article 16 of the zoning ordinance. It should be noted that any discussion of the number of people per acre is not meant to act as a limit to family, size or maximum number of people that would be permitted to live on a site. The population densities given are meant only to act as a guide to the average number of people likely to occupy a given area. G. The Open Space Element of the Saratoga General Plan declares that the City should, where possible, improve the existing inventory of local public park and recreation facilities. In the face of increasing development pressures within the City, it is essential that the City, at a minimum, affirm its intention to maintain its existing recreational open space resources. The City's Open Space Element sets forth policies that call for the protection of Saratoga's outdoor recreation open space lands, including the following: Preserve, through a variety of methods, as much as possible of the open space areas described in the Open Space Element for visual greenbelts, conservation and management of environmental resources, public health and safety protection and for recreational use." Further, the City's Land Use Element establishes development standards for the outdoor recreation open space subcategory of open space lands as follows: Outdoor recreation - This subcategory consists of City or County parks or lands designated for those uses. Only recreational facilities (i.e. playground equipment, recreational courts, etc.), structures necessary to support the parks or structures of particular historic value are permitted in these areas. These sites are considered to be of particular value for recreational purposes. Some parks preserve significant vegetation features such as Hakone Gardens and Villa Montalvo County Park. This initiative serves to further the purpose underlying the foregoing policies. H. The purpose of this initiative is to ensure that residential lands are not unnecessarily converted to higher density residential, commercial or industrial land use designations and to protect the City's existing recreational open space resources. Accordingly, the initiative ensures that until December 31, 2025, the foregoing provisions of the City's Land Use Element governing building densities and intensities on residential lands may not be changed except by vote of the people to increase the maximum densities and intensities stated. In addition, the initiative provides that any lands designated as "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single Family," "Multi -Family," "P -D (Planned Development)," or "Outdoor Recreation" by the City's General Plan and amendments thereto through August 7, 1995 will remain so designated until December 31, 2025 unless the land is redesignated by the City Council pursuant to the procedures set forth in this initiative or redesignated to another land use category by vote of the people. Section 2. General Plan Amendment. Page 3of 7 189 r A. This Initiative hereby reaffirms and readopts, until December 31, 2025, the provisions of the Land Use Element of the City of Saratoga General Plan adopted in 1983 as amended through August 7, 1995 specifying maximum densities and intensities of uses permitted in the City's residential subcategories, which provisions are set forth in their entirety in finding F of Section 1 of the initiative. In addition, the initiative hereby reaffirms and readopts, until December 31, 2025, the "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single Family," "Multi -Family," and "P- D (Planned Development)" designations of the City of Saratoga General Plan and amendments thereto through August 7, 1995. Further, the following text is added as the last paragraph of the "Residential" section ofthe City of Saratoga General Plan Land Use Element adopted in 1983 as amended through August 7, 1995, at page 3-2: Limitations on General Plan Amendments Relating to 'Residential' Lands. 1. Until December 31, 2025, the foregoing provisions governing maximum building density and intensity for lands designated "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single Family," ",Multi -Family," and "P -D (Planned Development)" shall not be amended to increase such densities or intensities unless such amendment is approved by vote of the people. 2. All lands designated "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," Medium Density Single Family," Multi -Family," or "P -D (Planned Development)" by the City of Saratoga General Plan and amendments thereto through August 7, 1995 shall remain so designated until December 31, 2025, unless said land is redesignated to another general plan land use category by vote of the people, or redesignated by the City Council pursuant to the procedures set forth in subsections 3 and 4 below. 3. Except as provided in subsection 4 below, land designated by the City of Saratoga General Plan as "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single Family," "Multi -Family," or "P -D (Planned Development)" may be redesignated to a more intensive residential land use by the City Council pursuant to its usual procedures only if the City Council makes each of the following findings: a. The proposed redesignation is essential for the Housing Element to be in substantial compliance with state law, and no other feasible redesignation (including, but not limited to, redesignation of lands designated for nonresidential uses) or measures other than the proposed redesignation are available to achieve such compliance that would involve Tess intensive use of the land to be redesignated and b. The Housing Element of the City's General Plan is in Page :1099 substantial compliance with state law, and the state Department of Housing and Community Development has found such compliance. 4. Land designated by the City of Saratoga General Plan as "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single Family," "Multi -Family," or "P -D (Planned Development)" may be redesignated to another land use category by the City Council if each of the following conditions are satisfied: a. The City Council makes a finding that the application of subsection 2 of this policy on "Limitations on General Plan Amendments Relating to 'Residential" Lands" would constitute an unconstitutional taking of the landowner's property, and b. In permitting redesignation, the City Council allows additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property, and protects to the maximum extent possible the character of immediately surrounding residential neighborhoods. B. This Initiative hereby reaffirms and readopts, until December 31, 2025, the "Outdoor Recreation" designations of the City of Saratoga General Plan and amendments thereto through August 7, 1995. Further, the following text is added as paragraph G of the "Open Space" section of the City of Saratoga General Plan Land Use Element adopted in 1983 as amended through August 7, 1995, at page 34: Limitations on General Plan Amendments Relating to 'Outdoor Recreation' Lands. 1. All lands designated "Outdoor Recreation" by the City of Saratoga General Plan and amendments thereto through August 7, 1995 shall remain so designated until December 31, 2025, unless said land is redesignated to another general plan land use category by vote of the people, or redesignated by the City Council pursuant to the procedures set forth in subsections 2 and 3 below, 2. Except as provided in subsection 3 below, land designated "Outdoor Recreation" by the City of Saratoga General Plan and amendments thereto through August 7, 1995 may be redesignated to residential land use by the City Council pursuant to its usual procedures only if the City makes each of the following findings: a_ The proposed amendment is essential for the Housing Element to be in substantial compliance with State law. and no other feasible designation (including, but not limited to, redesignation of lands designated for non-residential uses) or measures other than the proposed mesignation are available to vena C -.f achieve such compliance that would involve a less intensive land use of the land to be redesignated, and b. The Housing Element of the City's General Plan is in substantial compliance with state law, and the state Department of Housing and Community Development has found such substantial compliance. 3. Land designated by the City of Saratoga General Plan as "Outdoor Recreation" may be redesignated to another land use category by the City Council if each of the following conditions are satisfied: a. The City Council makes a finding that the application of subsection 1 of this policy on "Limitations on General Plan Amendments Relating 45 Outdoor Recreation' Lands" would constitute an unconstitutional taking of the landowner's property; and b. In permitting redesignation, the City Council allows additional land uses only to the minimum extent necessary to avoid said unconstitutional taking of the landowner's property, and protects to the maximum extent possible the character of the immediately surrounding residential neighborhoods. Section 3. Implementation A. Upon the effective date of this initiative, the provisions of Section 2 of the initiative are inserted into the Land Use Element of the City of Saratoga General Plan as an amendment thereof, except that if the four amendments of the mandatory elements of the general plan permitted by state law for any given Calendar year have already been utilized in 1996 prior to the effective date of this initiative, this general plan amendment shall be the first amendment inserted in the City's General Plan on January 1, 1997. At such time as this general plan amendment is inserted in the City General Plan, any provisions of the City Zoning Ordinance, as reflected in the ordinance itself or the City of Saratoga Zoning Map, inconsistent with that amendment shall not be enforced to the extent of the inconsistency. B. The provisions of this initiative and the terms it adds to the City's General Plan shall supersede any conflicting provisions of the General Plan and Zoning Ordinance that may be enacted by the City Council between the date this initiative is filed with the City and the effective date of the initiative. Upon the effective date of the initiative, all general plan amendments, rezonings, specific plans, tentative or final subdivision maps, conditional use permits, building permits and other ministerial and discretionary entitlements for use not yet approved or issued shall be approved or issued only if consistent with the policies and provisions of this initiative. Section 4. Exemptions for Certain Projects. This initiative shall not apply to any development project which has obtained as of the 192 Page 6 of 7 -effective date of the initiative a vested right pursuant to state law. Section S. Severability If any portion of this initiative is declared invalid by a court, the remaining portions are tc be considered valid. Section 6. Amendment or Repeal. This initiative may be amended or repealed only by the voters of the City of Saratoga at a City election. Pate 1A37 F CLEMENT SHUTE, JR. 2K I. WEINBERGER RC B. MIHALY, P.C. FRAN M. LAYTON RACHEL B. HOOPER ELLEN J. GARBER CHRISTY H. TAYLOR TAMARA S. GALANTER ELLISON FOLK RICHARD S. TAYLOR SUSANNAH T. FRENCH WILLIAM J. WHITE JOSEPH E. JARAMILLO ROBERT 5. PERLMUTTER AARON 5. ISHERWOOD SUSAN S. CLEVELAND OSA L. ARMI SHUTE, MIHALY 8 WEINBERGER LLP ATTORNEYS AT LAW 396 HAYES STREET SAN FRANCISCO, CALIFORNIA 94102 TELEPHONE: (415) 552-7272 TELECOPIER: (415) 552-5816 MMQRANDUTM TO: City Council Planning Commission City of Saratoga FROM: Richard S. Taylor, City Attorney DATE: September 2, 1999 RE: Interpretation and Implementation of Measure G LAUREL L. IMPETT, AICP URBAN PLANNER ELIZABETH M. DODD OF COUNSEL As you requested, we have researched the principles applicable to interpretation and implementation of Measure G. We conclude that with the exception of the voter approval requirement applicable to amendments to the General Plan policies adopted in Measure G, the policies in Measure G are subject to the same standards of interpretation and implementation that are applicable to all other policies in the City of Saratoga General Plan. Below we briefly summarize Measure G and then outline the legal principles applicable to interpretation and implementation of General Plan policies. Summary of Measure G Measure G was adopted by the voters of the City of Saratoga in March, 1996. Measure G readopted and reaffirmed certain policies of the General Plan in effect at the time the initiative was filed. In addition, Measure G added several new policies to the General Plan. The new policies imposed a voter approval requirement for amendments to the policies that were reaffirmed and readopted by the Measure. The new policies also set forth certain exceptions to the voter approval requirement. City Council September 2, 1999 Page 2 The existing policies reaffirmed and readopted by Measure G included policies specifying the maximum densities and intensities of uses permitted in the six residential land use subcategories established in the General Plan, including "Hillside Conservation Single Family," "Very Low Density Single Family," "Low Density Single Family," "Medium Density Single Family," "Multi Family," and "P -D (Planned Development) Residential" as those policies were in effect as of August 7, 1995. Measure G also reaffirmed and readopted those land use designations as they appeared on the General Plan land use map as amended through August 7, 1995. The Measure also reaffirmed and readopted the "Outdoor Recreation" land use designations of the City of Saratoga General Plan land use map. Elections Code section 9217 provides that the provisions of an initiative adopted by the voters may not be amended except by a subsequent vote of the people unless otherwise provided within the text of the initiative. The new General Plan policies adopted by Measure G implement this provision. The new policies specify that certain of the existing General Plan policies reaffirmed and readopted by the Measure may be amended only by a vote of the people. The new policies go on, however, to permit amendments by the City Council under certain circumstances. Measure G also includes an implementation section. That section provides the manner in which the amendments adopted by Measure G are to be reflected in the General Plan. This section also restates the general state law requirement that all actions by the City must be consistent with the General Plan as amended by Measure G. Measure G concludes with provisions exempting projects with vested rights, allowing severance of any invalid portions of the measure, and restating the state law requirement that only the City voters may approve amendment or repeal of the measure as a whole. interpretation and Implementation of Measure G Interpretation and implementation of the policies reaffirmed and readopted by Measure G as well as the policies newly adopted by the Measure are subject to the same rules of interpretation and implementation that are applicable to all other policies in the General Plan. The law governing interpretation and implementation of General Plan policies makes no distinction between policies adopted by initiative and policies adopted 195 City Council September 2, 1999 Page 3 by the City Council.' (See, e.g., DeVita v. County of Napa (1995) 9 Cal. 4th 763, explaining that General Plan amendments adopted by initiative are subject to the same standards of judicial review as General Plan amendments adopted by elected officials.) The discussion below first describes the issues relevant to interpretation of General Plan policies such as those adopted by Measure G and then describes issues relevant to implementation of the policies adopted by Measure G. The law governing interpretation of measures adopted by voter initiative is identical to the law governing interpretation of measures adopted by elected officials. (See e.g. People v. Bustamante (1997) 57 Cal.App.4th 693, 699 n.5.) Long-established rules of statutory construction provide that the agency or court interpreting the statute must look first to the plain text of the statute, if further guidance is required, the agency then considers the measure's purpose and plain meaning and materials considered by the body adopting the statute. Thus, in the case of a statute adopted by the state legislature, a court may consider staff reports considered by the legislature in the course of considering the particular piece of legislation. Similarly, in interpreting ambiguous provisions in an initiative measure, the court will consider materials considered by the voters at the time the measure was adopted. These most typically include the arguments included in the ballot pamphlet. (See Legislature of State of California v. Eu (1991) 54 Cal. 3d 492, 503-04.) In addition, the courts have held that elected officials may adopt implementing procedures to implement initiatives and may exercise discretion in developing such procedures where the terms of the initiative are ambiguous or provide no guidance with respect to the implementation issue at hand. (Creighton v. City of Santa Monica (1984) 160 Cal. App. 3d 1011, 1021.) Of course any such procedures must be true implementation measures and must not frustrate the purposes of the measure in question. (Proposition 103 Enforcement Project v. Quackenbush (1998) 64 Cal. App. 4th 1473.) Interpretation of the policies adopted by Measure G -- as well as all other General Plan policies -- is required whenever the Planning Commission or City Council is called upon to determine whether a proposed ordinance or project approval is "consistent" with the General Plan. Government Code section 65860(a) requires that the 'Interpretation and implementation of General Plan policies does not include amendment of those policies. As noted above, policies adopted by an initiative such as Measure G differ from other policies in that they may be amended only by a vote of the people except as otherwise specified in the initiative measure. (See Elections Code § 9217.) 196 City Council September 2, 1999 Page 4 "various land uses authorized by the [zoning] ordinance are compatible with the objectives, policies, general land uses, and programs specified" in the General Plan. The courts have indicated that this consistency principle applies to conditional use permits and variances as well. (See Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal. 3d 553, 570; Neighborhood Action Group v. County of Calaveras (1984) 156 Cal. App. 3d 1176, 1184.) Thus, General Plan policies such as those adopted by Measure G are typically interpreted in the context of a specific ordinance or action to determine whether that action is consistent with the General Plan. The General Plan Guidelines prepared by the Governor's Office of Planning and Research provide that "an action, program or project is consistent with the General Plan if, considering all its aspects, it will further the objectives and policies of the General Plan and not obstruct their attainment." (See Guidelines p. 128 (1998).) The courts have indicated that although a precise match between the action in question and General Plan policies is not required, the City Council must rely on reasonable judgment in concluding that the action in question is consistent with the plan as a whole. Thus, in upholding a consistency determination notwithstanding an apparent inconsistency between a project and three specific General Plan policies, the Court of Appeal recently explained that: "no project could completely satisfy every policy stated in the General Plan, and that state law does not impose such a requirement. A General Plan must try to accommodate a wide range of competing interests - - including those of developers, neighboring homeowners, prospective homebuyers, environmentalists, current and prospective business owners, job seekers, taxpayers, and providers and recipients of all types of city -provided services -- and to present a clear and comprehensive set of principles to guide development decisions. Once a General Plan is in place, it is the province of elected officials to examine the specifics of a proposed project to determine whether it would be `in harmony' with the policies stated in the plan. It is emphatically not the role of the courts to micro manage these decisions. Our function is simply to decide whether the city officials considered the applicable policies and the extent to which the proposed project conforms with those policies, whether the city officials made appropriate findings on this issue and whether those findings are supported by substantial evidence." (Sequoyah Hills Homeowners Association v. City of Oakland (1993) 23 Cal. App. 4th 704, 719-720.) 197 City Council September 2, 1999 Page 5 Where there is no evidence to indicate that a project or ordinance is consistent with the plan as a whole, however, the courts will not hesitate to invalidate such actions. In Families Unafraid to Uphold Rural El Dorado County v. El Dorado County (1998) 62 Cal. App. 4th 1332, for example, the court overturned a rezoning intended to accommodate a 566 lot subdivision because the lands to which the zoning designation was applied failed to satisfy any of the applicable criteria set forth in the General Plan. The court noted that although courts typically defer to the judgment of elected officials where there is conflicting evidence concerning an action's consistency with the General Plan, no such deference is due where there is no evidence to support the decision in question. (Id. at 1342.) Based on the foregoing principles, the Planning Commission and City Council have considerable discretion in interpreting the provisions of Measure G. The breadth of discretion is comparable to that available to the Commission and Council in interpreting other provisions of the General Plan.' Determinations as to whether a particular action is consistent with the General Plan must be made with regard to the General Plan as a whole and not with respect to any single provision of the General Plan. Thus, "interpretation of Measure G" cannot proceed in a vacuum, but rather, must proceed in the context of other General Plan policies relevant to the proposed project or program in question. Similarly, the manner in which Measure G is implemented is subject to the exercise of discretion by the Planning Commission and City Council. The only implementation requirement imposed by Measure G is that amendments to specified provisions in the General Plan be approved by a vote of the people. Following adoption of Measure G, the City Council adopted Resolution No. 96-28 "Establishing Policies Determining and Processing Projects Requiring a Vote of the People under the Provisions of the Land Use Element of the General Plan (Measure G Implementation). That resolution was amended in September, 1998. A copy of the resolution as amended is attached. The resolution sets forth the process for determining whether a project . 'In both cases, however, the City may not use this discretion in making consistency determinations to, in effect, amend policies set forth in the general plan. (See DeVita v. County of Napa (1995) 9 Ca1.4th 763, 792 n.10; Proposition 103 Enforcement Project v. Quackenbush (1998) 64 Cal.App.4th 1473, 1484-87.) 198 City Council September 2, 1999 Page 6 requiring a General Plan amendtnent is subject to Measure G's voter approval requirement. As originally adopted, the resolution stated that the City Council would allow the applicant for a General Plan amendment to determine whether that amendment would be considered by the voters before or after consideration by the Planning Commission and City Council of the development project related to the amendment. The amended resolution requires that m most cases the election take place only after initial approval of the project following by the Planning Commission and City Council. Either implementation approach is permitted under Measure 0; neither is required by any aspect of the language included in Measure G. Measure G is silent as to the timing of elections seeking voter approval of General Plan amendments. Thus, Measure G allows the City Council complete discretion with respect to the timing of General Plan amendment elections. (See Citizens for Responsible Government v. City ofAlbany (1997) 56 Cal.App.4th 1199, 1208-09; Creighton v. City of Santa Monica (1984) 160 Cal. App. 3d 1011, 1021.) In conclusion, interpretation and implementation of the General Plan policies adopted by Measure G are subject to the same rules governing interpretation and implementation of all other policies of the General Plan. The only exception is that amendments to the policies reaffirmed and readopted by Measure G must be approved by a vote of the people. The determination of whether a particular use or project is consistent with the General Plan must be made in accordance with established principles governing consistency determinations. The manner in which the voter approval requirement of Measure G is implemented is not mandated by Measure G and therefore lies within the reasonable discretion of the Planning Commission and the City Council. Please do not hesitate to contact me if you have any questions regarding these issues. Attachment cc: Larry Perlin, City Manager James Walgren, Director of Community Development [PAS ARATOGA\MAT 1 \RST012. MEM] 199 oaLvw ©ff EgoC� 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 MEMORANDUM TO: Mayor and Meb ers of the City Council FROM: James Walgr DATE: SUBJECT: Measure G Implementation Resolution munity Development Director September 8, 1998 ('01-NC1L MEMBERS: Stan Boaos,a- ='a,r E Ja000s A1ora.. Jin' Shan VVo'rc DISCUSSION At the July 7, 1998 adjourned City Council meeting the Council discussed revising the current Measure G implementation policy as a result ofthe Barry Swenson proposal to build a senior care facility in Saratoga. Swenson's proposal was determined to be subject to the requirements of Measure G and they were requesting to have their project go directly to an election without having to go through the, regular Planning Commission and City Council public hearing and environmental review process. The current implementation policy permitted this. The Council moved to require that the project go through the customary review process first, and directed staff to present a revised implementation policy for later consideration. Staff had recommended that all Measure G projects be subject to the standard development review process prior to an election. Councilmembers were concerned that this policy might impose an unfair burden on minor projects that were subject to Measure G's broad language. As a result, staff was asked to prepare the attached revised implementation policy with an exception provision. Since it became difficult to draft language that would cover every possible situation that may be eligible for this exception, staff included language that any exception request would be subject to City Council approval. RECOMMENDATION Review the attached revised implementation policy Resolution and direct staff to schedule the Resolution for formal adoption at the next available City Council meeting, either as presented or as modified by Council. This Resolution has been modified from the original text only as indicated by stlriettwousil or highlight, with strikethrough being deleted language and highlight being new language. Attachments: 1. Resolution 96-28 2. City Council minutes dated July 7, 1998 200 RESOLUTION NO. 96 -28.1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING POLICIES DETERMINING AND PROCESSING PROJECTS REQUIRING A VOTE OF THE PEOPLE UNDER THE PROVISIONS OF THE LAND USE ELEMENT OF THE GENERAL PLAN (MEASURE G IMPLEMENTATION) WHEREAS, on March 26, 1996, the voters approved a measure (Measure G) to change the text of the Land Use Element of the General Plan to require that certain amendments to said Land Use Element may only be made by a vote of the people, and WHEREAS, on April 23, 1996, the City Council did certify the results of the March 26, 1996, election and adopted a resolution incorporating the Measure G amendments into the Land Use Element, and WHEREAS, as a result of the adoption of said resolution the amendments to the Land Use Element became effective on May 3, 1996, and WHEREAS, in order to establish policies to effectively implement the change to the Land Use Element, the City Council did at a regular adjourned meeting held on May 7, 1996, at a regular meeting held May 15, 1996, and at regular adjourned meetings held on July 7, 1998 and September 8, 1998, consider various proposals and recommendations for the implementation of Measure G, and WHEREAS, at the conclusion of its deliberations the City Council did on May 15, 1996, and as further modified on September 8, 1998, by a series of votes adopt policies relating to the implementation of Measure G. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. • Staff is to use a two part test to determine if a project is subject to Measure G. The first part of the test is to determine if the proposed project property is currently located in one of the General Plan Land Use Designations contained in that portion of the Land Use Element of the General Plan covered by Measure G. If the property is located in one of the affected General Plan Land Use Designations then the staff will apply the second part of the test to determine if the project proposes to 1) change a General Plan Land Use Designation so that it would be subject to Measure G or, 2) increase specified densities or intensities which exceed the limits set forth,in the Land Use Element of the General Plan or, 3) in the case of the Outdoor Recreation General Plan Land Use Designation, involves no recreation facilities, or involves no structures which are necessary to support the parks, or involves no structures of particular historic value. If the project proposes to either 1) change a General Plan Land Use Designation of the property so that it would be subject to Measure G, or 2) increases development density or intensity limits, except in the Outdoor Recreation General Plan Land Use Designation, Measure G would apply. If the project is in the Outdoor Recreation General Plan Land Use Designation and proposes to create facilities which are not recreational in nature, or which do not support the purposes of the park, and involves no structures of particular historic value then the project would be subject to Measure G. 201 2. If the staff determines a project is subject to Measure G it is to prepare a report to the applicant, at the applicant's cost, outlining the submittals required to complete applications for project review, the applicant's right to have a project considered or to have a General Plan amendment placed before the voters for consideration, the costs for such requests, and the effect approval of the amendment would have on future development of the property. 3. Applications for development which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G, shall become subject to review by the Planning Commission and City Council under current procedures, and only upon approval shall proceed to election. 4. Applications which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G, which would not result in an actual increase in the number of dwelling units allowed on the affected land, and which would not result in land designated as Residential or Outdoor Recreation being changed to a more intensive land use designation, shall become subject to review by the Planning Commission and City Council under current procedures, and only upon approval shall proceed to election or, at the request of the applicant and at the option of the City Council may proceed to election without further review. 5. Administrative determinations as to a project's status under Measure G may be appealed as currently set forth in Article 15-90 of the Municipal Code. 6. The timing of elections required by Measure G shall be determined by and the cost of the election paid for by the project applicant, such costs to be determined by the Finance Director and include all actual direct costs of the election and such indirect, general and overhead costs as may be determined appropriate by the Director of Finance in accordance with generally accepted accounting principles. 7. The provisions of Measure G allowing the City Council, under limited circumstances, to approve a redesignation of Measure G protected land use designations, (e.g., by exception) are to be considered only subsequent to the voters failing to approve an amendment to the General Plan which would remove the condition requiring an application for exception. Requests for exception shall be submitted by separate application. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the _8'th day of September, 1998, by the following vote: AYES: Councilmembers Bogosian, Jacobs, Moran, Shau and Mayor Wolfe NOES: None ABSENT: None ATTEST: Err Deputy City Clerk 202 RESOLUTION NO. 96-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING POLICIES DETERMINING AND PROCESSING PROJECTS REQUIRING A VOTE OF THE PEOPLE UNDER THE PROVISIONS OF THE LAND USE ELEMENT OF THE GENERAL PLAN (MEASURE G IMPLEMENTATION) WHEREAS, on March 26, 1996, the voters approved a measure (Measure G) to change the text of the Land Use Element of the General Plan to require that certain amendments to said Land Use Element may only be made by a vote of the people, and WHEREAS, on April 23, 1996, the City Council did certify the results of the March 26, 1996, election and adopted a resolution incorporating the Measure G amendments into the Land Use Element, and WHEREAS, as a result of the adoption of said resolution the amendments to the Land Use Element became effective on May 3, 1996, and WHEREAS, in order to establish policies to effectively implement the change to the Land Use Element, the City Council did at a regular adjourned meeting held on May 7, 1996, and at a regular meeting held May 15, 1996, consider various proposals and recommendations for the implementation of Measure G, and WHEREAS, at the conclusion of its deliberations the City Council did on May 15, 1996, and as further modified on , 1998, by a series of votes adopt policies relating to the implementation of Measure G. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. Staff is to use a two part test to determine if a project is subject to Measure G. The first part of the test is to determine if the proposed project property is currently located in one of the General Plan Land Use Designations contained in that portion of the Land Use Element of the General Plan covered by Measure G. If the property is located in one of the affected General Plan Land Use Designations then the staff will apply the second part of the test to determine if the project proposes to 1) change a General Plan Land Use Designation so that it would be subject to Measure G or, 2) increase specified densities or intensities which exceed the limits set forth in the Land Use Element of the General Plan or, 3) m the case of the Outdoor Recreation General Plan Land Use Designation, involves no recreation facilities, or involves no structures which are necessary to support the parks, or involves no structures of particular historic value. If the project proposes to either 1) change a General Plan Land Use Designation of the property so that it would be subject to Measure 0, or 2) increases development density or intensity limits, except in the Outdoor Recreation General Plan Land Use Designation, Measure G would apply. If the project is in the Outdoor Recreation General Plan Land Use Designation and proposes to create facilities which are not recreational in nature, or which do not support the purposes of the park, and involves no structures of particular historic value then the project would be subject to Measure G. 203 2. If the staff determines a project is subject to Measure G it is to prepare a report to the applicant, at the applicant's cost, outlining the submittals required to complete applications for project review, the applicant's right to have a project considered or to have a General Plan amendment placed before the voters for consideration, the costs for such requests, and the effect approval of the amendment would have on future development of the property. 3. Applications for development which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G, shall at the option e a 1 ' _ - ' • " become subject to review by the Planning Commission and City Council under current procedures, and only upon approval shall proceed to election. 44.46-3,1441440,4344, 4. Applications which are determined to be subject to the election requirements of the General Plan, as set forth in Measure G, which would not result in an actual increase in the number of dwelling units allowed on the affected land, and which would not result in land designated as Residential or Outdoor Recreation being changed to a more intensive land use designation, shall become subject to review by the Planning Commission and City Council under current procedures, and only upon approval shall proceed to election or, at the request of the applicant and at the option of the City Council may proceed to election without further review. 45. Administrative determinations as to a project's status under Measure G may be appealed as currently set forth in Article 15-90 of the Municipal Code. 46. The timing of elections required by Measure G shall be determined by and the cost of the election paid for by the project applicant, such costs to be determined by the Finance Director and include all actual direct costs of the election and such indirect, general and overhead costs as may be determined appropriate by the Director of Finance in accordance with generally accepted accounting principles. 7. The provisions of Measure G allowing the City Council, under limited circumstances, to approve a redesignation of Measure G protected land use designations, (e.g., by exception) are to be considered only subsequent to the voters failing to approve an amendment to the General Plan which would remove the condition requiring an application for exception. Requests for exception shall be submitted by separate application. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 5th day of June, 1996, by the following vote: AYES: NOES: ABSENT: ATTEST: Deputy City Clerk 204 Mayor City Council Agenda 2 September:8, 1998 City Manager Perlin said the City Attorney would review the current ordinance; cities are beginning to update to keep up with technology. B. Items Suggested by Community Development Director. Heritrrsse Preservation Commission Ordinance Amendments Community Development Director Walgren said the ordinance in the packet was drafted at the request of the Heritage Preservation Commission and will be going to the Planning Commission and City Council soon. He said the ordinance would extend permitting requirements that are currently required for designated historic structures to the entire inventory of potential designated structures. Commissioners expressed concerns that the City does not have the power to say a building will not be demolished. Community Development Director Walgren agreed that Saratoga doesn't have the type of ordinance that a more aggressive community would have. However, in the review process for projects that are subject to additions or renovations they have a great deal of authority. The City Attorney said fewer and fewer cities have ordinances that require someone to keep an old home rather than tear it down, but it can be done. Discussion followed regarding homes built before the 1950s that add character to the community but might not be considered "significant," Community Development Director Walgren said there are distinct degrees of historical significance. The initial List of about 100 buildings was created by the Historic Preservation Commission and has been added to as applications to add onto homes have come through. He said the list is just a record that the building is actually eligible to be a designated heritage resource. Community Development Director Walgren said they have discretion at staff level. He said the process of having the inventory properties go through the Heritage Preservation Commission before they go to the Planning Commission has been implemented for many years and it had not created an undue burden on homeowners. The Commission is trying to codify current practices. He said there would be a full staff report to Planning Commission. Mayor Wolfe directed that staff arrange a meeting of the Heritage Preservation Commission, the Planning Commission and the City Council so that the HPC could share what they feel are the homes of concern for the future_ He agreed with Councilmember Bogosian that homeowners need to know if their house is on the HPC's List or is likely to be added to it Preview of aendin¢ aanlications Community Development Director Walgren presented a verbal update of the following projects: D Sisters of Notre Dame - 20+ acres, RFPs for single family homes. The property might yield 8-10. He said there are constraints concerning compatibility with the natural setting and traffic. He was asked to make sure that was well-documented. D Azule Crossing - three acre site, 4 commercial buildings. The applicant wants to build multi -family homes and has submitted revised plans with commercial in front and 75-80% of the property proposed for residential. Circulation Element Community Development Director Walgren said this is on schedule and they will be sending out the RFP. Staff is considering doing the traditional circulation element in house and using $50,000 which has been set aside for traffic impact area plan studies. City Manager Perlin cautioned Council that more money might be needed for those studies. Mountain Winery Update Community Development Director Walgren said the updated draft EIR has been postponed and will not be available until the end of the year for public review. Staff has met with County planners to make sure the project description was adequate and express concerns regarding the breakdown of additional vehicles. Mayor Wolfe thanked the Planning Commission for their work and their input at this meeting. 5. Measure G Implementation Resolution City Manager Perlin said this item was carried over from the July 7 meeting. He reviewed the staff report and noted a letter from Barry Swenson, Builder that was in Council's packet. 205 Dear Planning Commission, 2/28/12 Below are some thoughts you may want to consider when discussing Impervious Coverage. I apologize for not being able to attend your meeting, as I will be out of town. When I applied for my Cabana building permit, my Artificial Turf and gravel area became an issue. I was told that it would be considered as Impervious Coverage because it was "manufactured and didn't look like natural landscaping", even though it percolated water faster than any rainfall in Saratoga, looked like grass and was in my enclosed (non-visible) back yard. This appeared like a subjective interpretation of the code and it seems we have an opportunity to clarify the real meaning of Impervious. I would like to offer some thoughts for your consideration: 1- Staff's recommendation to remove the word "natural" definitely helps the situation. 2- Also suggest removing the words "constructed surface" in section 15-06.370. I kept running into Artificial Turf (also gravel) being considered as a "constructed surface". New pervious materials are "manufactured" and I don't think those words are needed anymore and could continue to create a conflict in future decision-making. 3- Even though Impervious Coverage has nothing to do with Aesthetics of Landscaping, I understand that eliminating the words "aesthetics of the landscape" from Impervious Coverage may create a legal problem with the General Plan. I would suggest the City Council give some general guidelines, or examples, as to what materials are allowable and considered "pervious", otherwise it could be left up to the subjective interpretation in future decisions. This might be done with a recommendation from the Planning Commission to the City Council. These could be: a. "The City is concerned about water percolation and water runoff. Therefore materials that allow water percolation and/or help retain water on the property, such as Artificial Turf, landscaping gravel, tree bark, recycled rubber (made to look like bark), open planked decks or other materials that allow water to flow and percolate into the ground should not be counted Impervious Coverage." The Code could require 206 material have a percolation rate of >0.5"/hr. This would cover 99.99% of Saratoga's rainfall, even if the percolation rate of the material is degraded by —92% over the years. This might work for driveways as well. It also could solve the question/problem of assuring the materials stay clean enough to still percolate in the future. b. "The City is primarily concerned with the aesthetics of the property as seen by the public and not the non-visible areas of the property". Hopefully Saratoga does not intend to become a "Big Brother" government by controlling the aesthetics of non- visible areas such as rear or side yards. In surveying 22 cities, including our neighbors, I could not find any that try, or want, to control the non-visible yard aesthetics. Note: most cities restrict visible areas to: - < 50% of area be paved (includes driveways) - >50% be landscaped (can include AT, tree bark and/or rock, etc.). Some materials are used to retain irrigation water around trees or plants. Planning could require applicants to submit samples of "manufactured materials", as part of the "color board" or "landscaping plan" for permit approval to make sure materials are attractive. Remember that what appears acceptable to one person may not be to another. Some people don't like gravel but in some cases may be the best choice. I would suggest not trying to over control appearances. 4- Saratoga could become a leading example of a forward looking "Green city" by developing an incentive plan that encourages homeowners to use materials that: a. Reduce use of irrigation water. b. Provide rainwater retention c. Allow rainwater to percolate/penetrate into the ground to replenish aquifer. d. Appear as well kept landscape. Especially true were real grass has difficulty growing in the shade of trees or a structure. An example could be Artificial Turf (AT) as it does all these things. Installing AT is much more expensive than real grass so Water Districts are providing incentives (usually $1/ft2) in the form of cash rebates to homeowners replacing grass lawns with AT. Saratoga can't afford money incentives but could encourage 207 people to do this but giving them a small credit (relief) on Impervious Coverage limitations, or some other restriction. Example could be: for every 100ft2 of AT used, instead of real grass, the city gives credit of 15ft2 (15%) on the Impervious Coverage limit up to a maximum of 600ft2 credit. Could even be a higher % (such as 20% & 800-1,000ft2 credit). Could give more credit for exposed or visible yards than enclosed non-visible yards. I hope these comments can be of benefit to you in resolving this issue. Sincerely, Ron Hills 18588 Woodbank Way, Saratoga, CA 408-221-8625 cell email: ron.hills@comcast.net 208 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson City Clerk SUBJECT: Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) RECOMMENDED ACTION: 1. Open public hearing, listen to public testimony, and close public hearing; and 2. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). BACKGROUND: As part of the Santa Clara County Fire Department's fire prevention efforts, the County Fire Department manages and implements a hazardous brush abatement program for hillside areas within its jurisdictional boundaries. In January of each year, homeowners are reminded that they must remove native brush and vegetation from around their home to create defensible space. Through the brush abatement program, inspections of hillside properties are conducted by fire crews beginning in early April of every year. Properties owners have been noticed by mail by the Santa Clara County Fire Department that their properties are not in compliance with brush abatement requirements. If compliance is still not achieved by the end of June, a contractor will perform the necessary work. The cost associated with the abatement work is then placed on the property tax bill for that parcel. This public hearing provides property owners with the opportunity to object potential charges before the Council. To proceed with the annual brush abatement process, the attached resolution overruling objections and ordering hazardous vegetation abatement must be adopted. If the resolution is not adopted, the Fire Department will be unable to have abatement work performed by a contractor on properties that are not in compliance with vegetation clearance requirements in the Uniform Fire Code. FISCAL IMPACTS: There are no direct financial impacts to the City of Saratoga as a result of the brush abatement program. Costs associated with the program are charged to property owners. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Page 1 of 2 209 The brush abatement process will not proceed. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. A notice of the public hearing was published in the Saratoga News on May 22, 2012 as required by law. ATTACHMENTS: Attachment A: Resolution Attachment B: 2012 Brush Abatement Program Commencement Report Attachment C: Public Hearing Notification to Public Attachment D: Letters from Santa Clara County Fire Department to Property Owners Page 2 of 2 210 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE WHEREAS, hazardous vegetation (brush) is declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which the hazardous vegetation is removed if the owners fail to do so; and WHEREAS, the Santa Clara County Fire Marshall has given notice to all property owners found to be in non-compliance with brush abatement standards; and WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted a public hearing on June 6, 2012 at which time all property owners may present objections to the proposed destruction or removal of hazardous vegetation on their properties; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga declares hazardous vegetation (brush) as a nuisance to be abated by the Office of the Agricultural Commissioner and the cost of removal to be recovered through a lien upon private properties from which hazardous vegetation is removed if owners of said properties fail to do so, and a public hearing on June 6, 2012 was held to hear objections to the proposed destruction or removal of hazardous vegetation (brush) and give due consideration to any objections raised during the public hearing. BE IT FURTHER RESOLVED that the City Council of the City of Saratoga does hereby order the abatement of hazardous vegetation (brush) by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which hazardous vegetation (brush) is removed if the owners thereof fail to do so. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DATE: Crystal Morrow, City Clerk Chuck Page, Mayor 211 Work APN TRA ti st Owner Name 2012 BRUSH PARCELS Situs Owaer_Address A- 34) ft 100 ft Defensible Space B- Clear shrubs/trees of dead Ieaves & branches C- Remove pine needles & leaves from roofs etc. D- Trim tree limbs 10 ft from chimneys E. Cover chimney with spark arrester. F. Post address with 4" high numbers 366-06-042 15 AB 21400 ARROWHEAD LN HAND, MARY HAND TRUSTEE & ET AL 501 FOREST AV 409 PALO ALTO STG 366-07-014 15 A„C,D,E,F 72765 ROLLING HILLS RD LESTER, WILLIAM W 111 23600 SW NEWLAND RI] WILSONVILLE STG 503-53-050 15 C,D,E 20978 SARAVIEW CT WELLS FARGO BANK NA, WELLS 1820 E FIRST ST STE 220 SANTA ANA STG 503-53-056 15 C,D,E 24975 SARAHILLS DR LAI MICHAEL M & CHENG CYNTHIA C 20975 SARAHILLS DR SARATOGA STG 503-55-012 15 C,D 21098 BANK MILL RD MARTIN, ROY E & CAROLYN G P.O. BOX 513 SARATOGA STG 503-55-014 15 C,I7 21048 BANK MILL RD AKELEY, KURT AKELEY AND ZE. HONG 21048 BANK MILL RD SARATOGA STG 543-55-027 15 A,B ALAMELA SRINATH & JOSHI 21027 BANK MILL RD 21027 BANK MILL RD SARATOGA STG 503-55-048 15 A,B,C 21145 BANK MILL RD GROSE, ANDREW I TRUSTEE 21145 BANK MILL RD SARATOGA STG STG 100 STG 100 STG 100 STG 100 STG 100 STG 100 STG 100 STG 100 NOTICE OF PUBLIC HEARING BEFORE CITY COUNCIL Notice is hereby given that the City Clerk of the City of Saratoga State of California has set WEDNESDAY, THE 6TH DAY OF JUNE 2012 AT 7:00 P.M. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the set time and place for public hearing on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARAOGA ORDERING THE ABATEMENT OF PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION (BRUSH) All interested persons may appear and be heard at the above time and place. If you challenge this item in court, you may be limited to raising only issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to the public hearing. In order to be included in the City Council's information packets, written communications should be filed on or before the Thursday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue, Saratoga. Questions may be addressed to the City Clerk, (408) 868-1269. /s/Crystal Morrow City Clerk PUB: 5/22/2012 Saratoga News 213 ARA C a� �FIRE� A EST. IQ4f COURTESY 8 SERVOCE 13 February 2012 FIRE DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 •(408) 378-9342 (fax) • www.sccfd.org Dear Property Owner: The fire season will be upon us in a few short months. We must not become complacent when it comes to protecting our homes from hillside fires. Your property, as referenced above, is located in the designated Wildland-Urban Interface Fire Area and preparations for your home need to occur over the next few months. This information is being sent to all owners of homes in hillside Locations in an effort to improve the chances of homes in these areas surviving a fire. Included with this letter, please find a separate postcard, which is to be completed and returned. Creating and maintaining defensible space on your property will significantly increase the chances of your home surviving a hillside fire. This is accomplished by removing the flammable native brush, native vegetation, and dry grass adjacent to structures. Your property identified above is located in the Very High Fire Hazard Severity Zone (VHFHSZ) of the Wildland-Urban Interface Area as determined by Cal Fire. State law now requires a Defensible Space of 100 feet around homes and any accessory structures in the VHFHSZ Area, The Santa Clara County Fire Chief's Association has developed the following list of both required and recommended preventative measures. When completed, your property will be in compliance with the applicable regulations, which will greatly reduce the risk of loss or damage to your home in the event of a hillside fire. If you would like more information about creating 100 feet of defensible space, please contact us at (408) 378-4010 or go to www.fire.ca.gov Enforced Safety Regulations (Items A -F) A. Create 100 feet of Defensible Space around your home. To accomplish this, create a Green Zone by clearing all flammable vegetation 30 -feet around structures. Additionally, create a Reduced Fuel Zone for the remaining 70 feet or to your property line. B. Clear ornamental shrubs and trees of dead leaves and branches. C. Remove all pine needles and leaves from roofs, eaves and rain gutters. D. Trim tree limbs 10 -feet from chimneys or stovepipes, and remove dead limbs that hang over rooftops. E. Cover chimney outlets or flues with a 1/2" mesh spark arrester. F. Post a clearly visible house address, using at least 4" high numbers, for easy identification. Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga 214 Additional Safety Recommendations • Trees 18 -feet or taller should be limbed up 6 -feet from the ground. • Stack woodpiles a minimum of 30 -feet from buildings, fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire -resistive materials. • If you have any trees near power lines please contact PG&E at 1 -800 -PGE -5000 for a free inspection. State Law requires vegetation clearance from electrical lines. For more information please visit www.PGE.com. In most cases PG&E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners, including special programs for qualified low-income, seniors and disabled homeowners. For more information visit www.sccfiresafe,org. For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire -retardant variety. If there is a possibility that erosion may occur, any native vegetation that is removed should be replaced with fire -retardant vegetation. Please complete and return the enclosed postcard on or before April 1, 2012. Beginning the first week of April, County Fire personnel will begin conducting inspections to advise property owners who have not implemented the fire hazard abatement measures what work is necessary in order to be in compliance with the applicable regulations. If you are unable to complete the required work due to late season rains or other hardship, please contact our office as soon as possible. You may complete the brush clearance work yourself, hire your own contractor, or you may request to schedule our authorized contractor to perform the work. If you would like this service, please check the appropriate box on the postcard or call (408) 378-4010 prior to April 1, 2012. If you choose this option, the charges for this work will appear on your next property tax bill. Please note follow-up inspections will be conducted on or after June 1, 2012 of properties that did not have the Enforced Safety Regulations implemented at the time of the first inspection. If you do not comply with items A, B, C and D of the Enforced Safety Regulations, the compliance work will be completed by the authorized contractor of the City of Saratoga and the charges for this service will appear on your next property tax bill. If you would like to schedule a courtesy inspection with one of our inspectors or have additional questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378-4010 or 1-800-800-1793. Thank you for your cooperation in helping to establish a fire -safe community. Sincerely, z Kenneth R. Kehmna Fire Chief 215 C°6, ■ 1'TP 1' . '44 SANTA CLARA COUNTY FIRE DEPARTMENT COURTESY E SERVICE 13 February 2012 Dear Property Owner: 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org The fire season will be upon us in a few short months. We must not become complacent when it comes to protecting our homes from hillside fires. Your property, as referenced above, is located in the designated Wildland-Urban Interface Fire Area and preparations for your home need to occur over the next few months. This information is being sent to all owners of homes in hillside locations in an effort to improve the chances of homes in these areas surviving a fire. Included with this letter, please find a separate postcard, which is to be completed and returned. Creating and maintaining defensible space on your property will significantly increase the chances of your home surviving a hillside fire. This is accomplished by removing the flammable native brush,. native vegetation, and dry grass a distance of at least 30 -feet from any structures. For sloped areas that exceed 20%© on the downhill side of your home, up to 100 -feet of defensible space should be provided. The Santa Clara County Fire Chief's Association has developed the following list of both required and recommended preventative measures. When completed, your property will be in compliance with the applicable regulations, which wiII greatly reduce the risk of loss or damage to your home in the event of a hillside fire. Enforced Safety Regulations (Mems A -F) A. Create 30 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30 -feet around structures. B. Clear ornamental shrubs and trees of dead leaves and branches. C. Remove all pine needles and leaves from roofs, eaves and rain gutters. D. Trim tree limbs 10 -feet from chimneys or stovepipes, and remove dead limbs that hang over rooftops. E. Cover chimney outlets or flues with a 1/2" mesh spark arrester. F. Post a clearly visible house address, using at least 4" high numbers, for easy identification. Additional Safety Recommendations • Trees 18 -feet or taller should be limbed up 6 -feet from the ground. Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill. and Saratoga 216 Additional Safety Recommendations (continued) • Stack woodpiles a minimum of 30 -feet from buildings, fences and other combustible materials. • Clear vegetation and other flammable material from underneath decks. Enclose elevated decks with fire -resistive materials. • If you have any trees near power lines please contact PG&E at 1 -800 -PGE -5000 for a free inspection. State Law requires vegetation clearance from electrical lines. For more information please visit www.PGE,com. In most cases PG&E will trim or remove the tree at no cost to you. • The Santa Clara County Fire Safe Council offers Defensible Space Chipping Programs to assist homeowners, including special programs for qualified low-income, seniors and disabled homeowners. For more information visit www.sccfiresafe.org. For ornamental shrubs and bushes adjacent to your home, we recommend planting a fire -retardant variety. If there is a possibility that erosion may occur, any native vegetation that is removed should be replaced with fire -retardant vegetation. Please complete and return the enclosed postcard on or before April 1, 2012. Beginning the first week of April, County Fire personnel will begin conducting inspections to advise property owners who have not implemented the fire hazard abatement measures what work is necessary in order to be in compliance with the applicable regulations. If you are unable to complete the required work due to late season rains or other hardship, please contact our office as soon as possible. You may complete the brush clearance work yourself, hire your own contractor, or you may request to schedule our authorized contractor to perform the work. If you would like this service, please check the appropriate box on the postcard or call (408) 378-4010 prior to April 1, 2012. If you choose this option, the charges for this work will appear on your next property tax bill. Please note follow-up inspections will be conducted on or after June 1, 2012 of properties that did not have the Enforced Safety Regulations implemented at the time of the first inspection. If you do not comply with items A, B, C and i1 of the Enforced Safety Regulations, the compliance work will be completed by the authorized contractor of the City of Saratoga and the charges for this service will appear on your next property tax bill. If you would like to schedule a courtesy inspection with one of our inspectors or have additional questions regarding the safety compliance of your property, please contact our Fire Prevention Division at (408) 378-4010 or 1-800-800-1793. Thank you for your cooperation in helping to establish a fire -safe community. Sincerely, Kenneth R. Kehmna Fire Chief 217 5. fi cn 3 II., naO8A c ac bg,Ao qA -A0. til 7 17 W 0C Li.a. � 4 O k±i U 7, > yam„ fl: N 6J r� ••.•+ CL �i��++ i3i rt5 'y] 6! 'a .. 0 t 1 w4/+ G V c7 Y+. .» U 5 y ... N `s` F 4 7 .� d F. 40.. C • 4i O co 47.4 of - d � 3 7 C 7 e6 W E N O Uctl. H T 5 4 Tn .s 0 erla a�i�v' W •4 y 2 o 4� Q a 71 N 0 o c 0� o IA W z • x td C 1? 0 A C. 0 ..0 R OZcd 0 0 g '2 "- v4 4n d. � • CA Diit� . a©cir'.0 W • w lc O CL GC o c a v,,. ... f'.ac> O H'5',V6.b 3 44 ▪ W C. V t... 4 "'4 O a a, u v 4 lc) F! d o 4 4n w ai W fl A a !7ti 3 a� c 0 N 0 .0 rJ rr% tIl 5 a 0 N ',. E G O .O 0 C4 a ." a b -2c84.0'49 .5°N [-,WG 4 c83a o 4�c �°� 0.2_ Q p Q U.Q a ,•-sad 1.1 to ›.Pgo y • - v ai `epics a��i .4QW moi.,.. u�, au, '� cI] s a d t o C"."6 6 '= m C9 d ., a _. H �. 41'5 ., CA S W ,.,4›. e. o al❑ o 218 219 COURTESY & SERVICE 408.378.4010 or 1.800.800.1793 Assessor Parcel Number Date of Inspection Nairne Check one: ❑ Owner ❑ Tenant U Property Manager Telephone—Horne Site Address City, State & Zip Code Other Wildland-Urban Interface Fire Area Checklist ENFORCED SAFETY REGULATIONS The Santa Clara County Fire Department has developed the following list of preventative measures that—when completed will bring your property in compliance with the applicable regulations and will greatly reduce the risk of loss or damage to your home in the event of a wildland fire. To help ensure that your property meets these regulations, please complete the requirements checked below. A. ❑ Create 30 feet of Defensible Space around your home. To accomplish this, you must clear all flammable vegetation a minimum of 30 -feet around structures (see above). ❑ Create 100 feet of Defensible Space around your home. To accomplish this, create a Green Zone by clearing all flammable vegetation 30 -feet around structures, Additionally, create a Reduced Fuel Zone for the remaining 70 feet or to your property line (see backside). B. ❑ Clear ornamental shrubs and trees of dead leaves and branches. C. ❑ Remove all pine needles and leaves from roofs, eaves and rain gutters. D. ❑ Trim tree limbs 10 -feet from chimneys or stovepipes, and remove dead limbs that hang over rooftops. E. ❑ Cover chimney outlets or flues with a 1/2" mesh spark arrester. F. ❑ Post a clearly visible house address, using at least 4" high numbers, for easy identification. Comments or Suggestions Re -inspection Date & Time Fire Department Signature White - Fire Prevention 220 Yellow - Resident F0/111+494 Rev03) 1 COURTESY 8 SERVICE FIRE DEPARTMENT SANTA CLARA COUNTY 14700 Winchester Blvd., Los Gatos, CA 95032-1818 (408) 378-4010 • (408) 378-9342 (fax) • www.sccfd.org Dear property owner, Your property, which is located in the Wildland-Urban Interface Fire Area, was recently inspected by the Santa Clara County Fire Department. At that time your property was found to be non-- compliant with Wildland Safety Regulations. Enclosed is a copy of the notice that was left at the residence and indicates the corrections that are necessary. Please note that a public hearing will be held during the City of Saratoga council meeting on June 6, 2012 at 7:00 PM. At that time, all properties identified by the Fire Department as being non-compliant with Wildland Safety Regulations will be declared to have hazardous conditions requiring abatement. An additional inspection of all identified properties will be conducted after the hearing and prior to ordering any abatement work. If your property is found to be in compliance at the time of the re -inspection or upon the arrival of the abatement contractor, no work will be done and no charges will be imposed. If you are interested in having the County of Santa Clara do any brush or weed removal or wish to have an inspection for a cost estimate, please contact the Hazardous Vegetation Department at (408) 282-3145. For your convenience, a price list indicating the rates for the County Contractor is included with this notice. If you should have any questions about the information on this notice, please contact the Fire Prevention Division of the Santa Clara County Fire Department at (408) 378-4010. Organized as the Santa Clara County Central Fire Protection District Serving Santa Clara County and the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Las Gatos, Monte Sereno, Morgan Hill, and Saratoga 221 SARATOGA WEED ABATEMENT PROGRAM SCHEDULE January 18 2012 Commencement hearing to consider objections to abatement list. April 15, 2012 PARCEL ABATEMENT DEADLINE Parcel must be free from hazardous vegetation by this date or Inspector will order abatement. July/August 2012 Assessment Hearing to protest abatement charges. 2012 COUNTY WEED ABATEMENT FEES If this is your first year in the Weed Abatement Program, you will be responsible for a fee of $$41.00 per parcel to cover the cost of creating and maintaining a file in our database. Please be advised that the property owner of any parcel found to be non-compliant on or after the April15#°` deadline will be charged an inspection fee of $250.00 and the property will he scheduled for abatement by the County contractor. If you complete the abatement work before the County contractor performs the abatement, you will not incur further charges. Should the abatement work be performed by a County contractor, you will be assessed the contractor's charges plus a County administrative fee of $169.00 per parcel. 2012 COUNTY CONTRACTOR'S WEED ABATEMENT PRICE LIST A) Disc Work** PARCEL SIZE: 0-12500 sq.ft. 12,501 sq.ft 43 560sq.ft. Larger than 1 Acre P` Disc + 2' Disc = Total Discs $179.00 $120.00 $299.00 $208.00 $150.00 $358.00 $89.00 $79.00 $168.00 (PER ACRE) ** It is required that parcels be disced twice a year. The cost for the first discing is higher due to additional work normally required during the first discing. B) HANDWORK $2.90 PER 100 sqft C) FLAIL 6 Foot Mower 82.00 PER 1000 sqft MOWING 12 Foot Mower $2.00 PER 1000 sqft D) LOADER WORK 897.50 PER HOUR E) DUMP TRUCK $90.00 PER HOUR F) BRUSH WORK 82.90 PER 100 sqft G) DEBRIS REMOVAL $34,28 PER HOUR H) DUMP FEE 100% Added to orders with debris removal at 100% of the dump site charge. *Please note this program does not offer herbicide application as a method of abatement. 222 S SAjti r?ol; MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL June 6, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Conduit Financing for Saint Andrew's Parish RECOMMENDED ACTION: 1) Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended; and 2) Adopt the resolution approving the issuance of a loan not to exceed $11,000,000 by the California Municipal Finance Authority (CMFA) for the benefit of Saint Andrew's Parish (including any affiliate thereof, the "Borrower") for the refunding of the outstanding principal amount of the Authority's Variable Rate Demand Revenue Bonds (Saint Andrew's Parish) Series 2006, for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 (and following). BACKGROUND: Saint Andrews has requested that the CMFA serve as the municipal issuer of a loan in an aggregate principal amount not to exceed $11,000,000 of Tax -Exempt Obligations to refund Variable Rate Demand Revenue Bonds (Saint Andrew's Parish) Series 2006. The proceeds of the bonds were used to finance or refinance the acquisition and construction of capital improvements relating to the educational facilities of Saint Andrew's School, located at 13601 Saratoga Avenue, Saratoga, California 95070. Such financing includes, but is not limited to (a) construction of a gymnasium, performing arts and cafeteria facility to be approximately 18,000 square feet; (b) construction of a multi-purpose building to be approximately 2,200 square feet; (c) construction and improvement of the front parking lot and related infrastructure; (d) miscellaneous improvements, including an outdoor eating area, improvements to site drainage, enhancement of the outdoor gathering areas and landscaping; and (e) paying the costs of issuance. In order for all or a portion of the loans to qualify as tax-exempt obligations, the City of Saratoga must conduct a public hearing providing the members of the community with an opportunity to speak in favor of or against the use of tax-exempt obligations for the financing of the Saint Andrews loan. Prior to the TEFRA hearing, reasonable notice must be provided to the members of the community. Consequently, a legal notice of the hearing was published in the May 22, 2012 Saratoga News. Following the close of the TEFRA hearing, an "applicable elected representative" of the governmental unit, in this case the Saratoga City Council, must provide its Page 1 of 3 223 approval of the issuance of the loan for the refunding of the Variable Rate Demand Revenue Bonds. The loans to be issued by the CMFA will be the sole responsibility of the borrower, Saint Andrews. The City will have no financial, legal, moral obligation, liability or responsibility for the loan or the repayment of the loan. All financing documents with respect to the issuance of the obligations will contain clear disclaimers that the obligations are not obligations of the City or the State of California, but are to be paid for solely from funds provided by Saint Andrews. Participation by the City in the CMFA will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing and adopting the required resolution, no other participation or activity of the City or the City Council with respect to the issuance of the obligations will be required. Representatives from the CFMA and Saint Andrews Parish will be present at the public hearing to present and answer Council questions regarding this item. FISCAL IMPACTS: The Board of Directors of the California Foundation for Stronger Communities, a California non-profit public benefit corporation, acts as the Board of Directors for the CMFA. Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities and donates a portion of these issuance fees to the Foundation for the support of local charities. With respect to the City of Saratoga, it is expected that 25% of the issuance fee will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City. Saint Andrews will be the beneficiary of the CMFA's charitable donation through a 25% reduction in issuance fees. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The loan issued to Saint Andrews for refunding its Variable Rate Demand Revenue Bonds would not be tax-exempt. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. A legal ad noticing this public hearing was published in the May 22, 2012 Saratoga News. Page 2 of 3 224 ATTACHMENTS: Attachment A: Resolution approving the making of a loan by the California Municipal Finance Authority for the purpose of refunding the authority's variable rate demand revenue bonds (Saint Andrew's School), series 2006, issued for the purpose of financing or refinancing the acquisition, construction and improvement of certain educational facilities for Saint Andrew's Parish Page 3 of 3 225 RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE MAKING OF A LOAN BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF REFUNDING THE AUTHORITY'S VARIABLE RATE DEMAND REVENUE BONDS (ST. ANDREW'S SCHOOL), SERIES 2006, ISSUED FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN EDUCATIONAL FACILITIES FOR SAINT ANDREW'S PARISH WHEREAS, the California Municipal Finance Authority (the "Authority") is authorized to issue and sell revenue bonds and other obligations for the purpose, among others, of financing or refinancing the construction of educational facilities; and WHEREAS, Saint Andrew's Parish in Saratoga, California, a Non -Profit Religious Corporation, located at 13601 Saratoga Avenue, Saratoga, California (the "Borrower") has requested that the Authority enter into a loan agreement with the Borrower pursuant to which the Authority will make a loan to the Borrower in the maximum principal amount of up to $11,000,000 (the "Loan") for the purpose of refunding the outstanding principal amount of the Authority's Variable Rate Demand Revenue Bonds (St. Andrew's School), Series 2006, the proceeds of which were loaned to the Borrower, to enable the Borrower to finance or refinance the costs of the acquisition, construction and improvement of certain educational and related and ancillary facilities at the Borrower's location (the "Project"); and WHEREAS, in order for the interest on the Loan to be tax-exempt, Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), requires that an "applicable elected representative" with respect to the Authority hold a public hearing on the making of the Loan and approve the making of the Loan by the Authority following such hearing; and WHEREAS, the Authority has determined that the City Council of the City is an "applicable elected representative" to hold such public hearing; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the refinancing of the Project and the Authority's making of the Loan therefor; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the making of the Loan by the Authority for the aforesuch purposes; and WHEREAS, the City is a member of the Authority; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, that: 1. The City Council of the City hereby approves the making of the Loan by the Authority for the purpose of providing funds to make to the Borrower to enable the Borrower to refinance the Project. 2. The making of the Loan shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Loan. 1 226 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project; (ii) approve any application or request for, or take any other action in connection with, any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. 4. This Resolution shall take effect immediately upon its adoption. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk Chuck Page, Mayor DATE: 2 227 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 ORIGINATING DEPT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: DEPT HEAD: John Cherbone SUBJECT: Landscaping & Lighting Assessment District LLA -1 - Public Hearing, Approval of Engineer's Report, and Confirmation of Assessments for FY 12-13 RECOMMENDED ACTION(S): Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 12-13. REPORT SUMMARY: Attached is the final Resolution, which requires adoption by the Council to complete the renewal of the Landscaping and Lighting Assessment District LLA -1 for FY 12-13 (Attachment 1). Once adopted, the Resolution approves the appropriate Engineer's Report and confirms the assessments for the upcoming fiscal year. The Council can consider the Resolution only after the close of the Public Hearing. FISCAL IMPACTS: All of the costs associated with the administration and operation of the Landscape & Lighting Assessment District are recovered via the assessments levied against the benefiting properties. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Resolution would not be adopted and the assessments would not be confirmed. If this occurs, the Council will need to direct staff accordingly. ALTERNATIVE ACTION(S): None in addition to the above. Page 1 of 2 228 FOLLOW UP ACTION(S): The assessment roll will be finalized and transmitted to the County Auditor by August 10 for placement on the upcoming tax roll. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Resolution of Intention and Notice of Hearing have been published a locally distributed newspaper as prescribed by law. ATTACHMENTS: 1. Resolution Confirming Assessments 2. Engineer's Report Page 2 of 2 229 RESOLUTION NO. A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 2012-2013 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, on the 7th day of March, 2012, said Council adopted its Resolution No. 12- 014, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2012-2013" for the City of Saratoga Landscaping and Lighting Assessment District LLA -1, pursuant to the Landscaping and Lighting Act of 1972, and directed the City Assessment Engineer to prepare and file with the Clerk of this City a written report called for under said Act and by said Resolution No. 12-014; and WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon said Clerk presented it to the City Council for its consideration; and WHEREAS, said Council thereupon duly considered said report and each and every part thereof and found that it contained all the matters and things called for by the provisions of said Act and said Resolution No. 12-014, including (1) plans and specification of the existing improvements and the proposed new improvements; (2) estimate of costs; (3) diagram of the District; and (4) an assessment according to benefits; all of which were done in the form and manner required by said Act; and WHEREAS, said Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Act, whereupon said Council pursuant to the requirements of said Act, appointed Wednesday, the 6th day of June, 2012, at the hour of 7:00 p.m. of said day in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for hearing protests in relation to the levy and collection of the proposed assessments for said improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2012- 2013, and directing said Clerk to give notice of said hearing as required by said Act; and WHEREAS, it appears that notices of said hearing were duly and regularly published and posted in the time, form and manner required by said Act, as evidenced by the Affidavits and Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID, Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record subject to the assessment at least 45 days prior to the date of the public hearing on the proposed assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk, whereupon said hearing was duly and regularly held at the time and place stated in said notice; and 1 230 WHEREAS, persons interested, objecting to or in favor of, said improvements, including the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs thereof, and all persons desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to the levy and collection of the assessments for said improvements, including the maintenance or servicing, or both, thereof, were fully heard and considered by said Council; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the public interest, convenience and necessity require and said Council does hereby order the levy and collection of assessments pursuant to said Act, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in said Engineer's Report and made a part hereof by reference thereto. 2. That the City of Saratoga Landscaping and Lighting Assessment District LLA -1 and the boundaries thereof benefited and to be assessed for said costs for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, are situate in Saratoga, California, and are more particularly described by reference to a map thereof on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of the territory included in said District and any zone thereof and the general location of said District. 3. That the plans and specifications for the existing improvements and for the proposed improvements to be made within the assessment district or within any zone thereof contained in said report, be, and they hereby are, finally adopted and approved. 4. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and it hereby is, finally adopted and approved. 5. That the public interest and convenience require, and said Council does hereby order the improvements to be made as described in and in accordance with said Engineer's Report, reference to which is hereby made for a more particular description of said improvements. 6. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 12-014, and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said District as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is, finally approved and confirmed. 2 231 7. That the assessment of the total amount of the costs and expenses of said improvements upon the several lots or parcels of land in said District in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements, and the maintenance or servicing, or both, thereof and of the expenses incidental thereto contained in said report be, and the same hereby is, finally approved and confirmed. 8. That said Engineer's Report for Fiscal Year 2012-2013 be, and the same hereby is, finally adopted and approved as a whole. 9. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the said assessment, together with said diagram thereto attached and made a part thereof, as confirmed by the City Council, with the certificate of such confirmation thereto attached and the date thereof. 10. That the order for the levy and collection of assessment for the improvements and the final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to and in accordance with any resolution or order heretofore duly adopted or made by this Council. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the day of , 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow City Clerk Chuck Page, Mayor City of Saratoga 3 232 MUNICIPALITIES I SCHOOL DISTRICTS I CITIES I COUNTIES I PARK & RECREATION I WATER DISTRICTS I MUNICIPALITIES I SCHOOL DISTRICTS I COMMUNITIES KOPPE; R '1JYBE R PUBLIC FINANCE 334 VIA VERA CRUZ, SUITE 25o SAN MARCOS CALIFORNIA 92078 T. 760.510.0290 F. 760.510.0288 CITY OF SARATOGA LANDSCAPING & LIGHTING DISTRICT LLA- 1 ENGINEER'S REPORT FISCAL YEAR 2012/2013 233 APRIL 9, 2012 TABLE OF CONTENTS SECTION I. OVERVIEW 1 SECTION II. PLANS AND SPECIFICATION 3 SECTION III. PROPOSED FISCAL YEAR 2012/2013 BUDGET 6 A. ESTIMATED FISCAL YEAR 2012/2013 BUDGET 6 SECTION IV. METHOD OF APPORTIONMENT 12 A. GENERAL 12 B. BENEFIT ANALYSIS 12 C. ASSESSMENT METHODOLOGY 13 D. RATES 14 E. ASSESSMENT RANGE FORMULA 15 SECTION V. ASSESSMENT ROLL 16 SECTION VI. ASSESSMENT DIAGRAM 18 234 SECTION I. OVERVIEW A. Introduction and Background In 1980, the City of Saratoga (the "City") formed the City of Saratoga Landscaping and Lighting Assessment District LLA -1 (the "District"). The District currently consists of 25 Zones which are budgeted separately and the properties within each Zone are assessed annually for their proportionate share of special benefit of the maintained improvements as further described in this Engineer's Report. This report constitutes the Fiscal Year 2012/2013 Engineer's Report for the District. The City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 ("1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") desires to levy and collect annual assessments against lots and parcels within the District beginning in the fiscal year commencing July 1, 2012 and ending June 30, 2013 to pay for the operation, maintenance and servicing of landscaping and public lighting improvements within the District. The proposed assessments are based on the City's estimate of the costs for Fiscal Year 2012/2013 to maintain the improvements that provide a special benefit to properties assessed within the District. The assessment rates set for Fiscal Year 2012/2013 as set forth in this Engineer's Report, do not exceed the maximum rates established at the time each of the Zones were established and/or balloted for compliance with Proposition 218, therefore, the City and the District are not required to go through a property owner ballot procedure in order to establish the 2012/2013 assessment rates. City of Saratoga Landscaping & Lighting District LLA - 1 Page 1 Fiscal Year 2012/2013 Engineer's Report 235 B. Contents of Engineer's Report This Report describes the District boundaries and the proposed improvements to be assessed to the property owners located within zones of the District. The Report is made up of the following sections. Section I. Overview — Provides a general introduction into the Report and provides background on the District, zones and the assessments. Section II. Plans and Specifications — Contains a general description of the improvements that are maintained and serviced by each of the zones within the District. Section III. Proposed Fiscal Year 2012/2013 Budget — Identifies the cost of the maintenance and services to be provided by each zone within the District including incidental costs and expenses. Section IV. Method of Apportionment — Describes the basis in which costs have been apportioned to lots or parcels within each of the zones within the District, in proportion to the special benefit received by each lot or parcel. Section V. Assessment Roll — The assessment roll identifies the maximum assessment to be levied to each lot or parcel within the District. Section VI. Assessment Diagram — Displays a diagram of the District showing the boundaries of the District and the zones. For this Report, each lot or parcel to be assessed, refers to an individual property assigned its own Assessment Parcel Number ("APN") by the Santa Clara County ("County") Assessor's Office as shown on the last equalized roll of the assessor. Following the conclusion of the Public Hearing, the City Council will confirm the Report as submitted or amended and may order the collection of assessments for Fiscal Year 2012/2013. City of Saratoga Landscaping & Lighting District LLA - 1 Page 2 Fiscal Year 2012/2013 Engineer's Report 236 SECTION II. PLANS AND SPECIFICATION A. General Description of the District The District currently consists of 25 Zones located within the City. Each Zone incorporates specific improvements that were established at the time of development of the properties within the Zone or were installed for the benefit of the properties within the Zone. Some Zones are currently not levied based on the current reserves and other revenue sources such as property taxes available to the Zones. The Assessment Diagram is included in Section IV of this report. Zone 32 now includes Assessor's Parcel Number 36642-072 in addition to the other 11 APNs that were levied last year. This new parcel is being annexed by unanimous consent of the property owner and is included in this Engineer's Report for the first time for this Fiscal Year. B. Description of Services and Improvements to be Maintained The District provides a funding mechanism for the ongoing maintenance, operation and servicing of landscaping and public lighting improvements that provide special benefit to each Zone. These improvements may include, but are not limited to, the design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. Maintenance services will be provided by City personnel and/or private contractors. The proposed improvements to be maintained and services are generally described as follows: Zone Improvements 1 (Manor Drive Landscape District) Landscape maintenance of the Manor Drive median and Saratoga -Sunnyvale Road frontage along Tract 3822. 2 (Fredericksburg Landscape District) Landscape maintenance along the Cox Avenue frontage of Tracts 3777, 4041 and 4042. 3 (Greenbriar Landscape District) Landscape maintenance of the Seagull Way entrance to Tracts 4628, 4725 and 4726 and the common areas along Goleta Avenue and Guava Court. City of Saratoga Landscaping & Lighting District LLA - 1 Fiscal Year 2012/2013 Engineer's Report 237 Page 3 Zone Improvements 4 (Quito Lighting District) Street lighting and landscape maintenance in the El Quito Park residential neighborhood: Tracts 669, 708, 748, 6785, 7833 and 8700. 5 (Azule Lighting District) Street lighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1111, and 1800. 6 (Sarahills Lighting District) Street lighting in the Sarahills residential neighborhood: Tracts 3392 and 3439. 7 (Village Lighting District) Street lighting in four separate residential neighborhoods surrounding Saratoga Village, and in Saratoga Village. Includes all or a portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2, McCartysville, Saratoga Park, Williams, and Tracts 270, 336, 416, 2399, 2502, 4477, 5350, 5377, 5503, 5676, 6419, 6431 and Saratoga Village. 9 (McCartysville Landscape District) Landscape maintenance along the Saratoga- Sunnyvale Road frontage of Tract 5944. 10 (Tricia Woods Landscape District) Landscape maintenance along the Saratoga- Sunnyvale Road frontage of Tract 7495 (Maintenance and water shared with Zone 27). 11 (Arroyo de Saratoga Landscape District) Landscape maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835, 3036 and 4344. 12 (Leutar Court Landscape District) Landscape maintenance of the Leutar Court frontage in Tract 6996. 15 (Bonnet Way Landscape District) Monthly landscape maintenance along Bonnet Way of Tract 5462. 16 (Beauchamps Landscape District) Landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision, Tract 7763. 17 (Sunland Park Landscape District) Landscape maintenance along Quito Road frontage of Tracts 976 and 977. 22 (Prides Crossing Landscape District) Periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Saratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938, and 1996). 24 (Village Commercial Landscape Maintenance District) Routine maintenance of Village Parking Districts 1-4 and Big Basin Way landscaping. 25 (Saratoga Legends Landscape District) Landscape maintenance along the Saratoga-Sunnyvale Road frontage of, and pedestrian pathways within Tract 8896. 26 (Bellgrove Landscape and Lighting District) Landscape maintenance of common area and lighting associated with Tract 8700. 27 (Cunningham Place/Glasgow Court Landscape District) Landscape maintenance along the Saratoga-Sunnyvale Road frontage of Tracts 6199 and 7928. (Maintenance and water shared with Zone 10). 28 (Kerwin Ranch Landscape District) Landscape maintenance along the Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560. 29 (Tollgate Landscape and Lighting District) Maintenance of the common area City of Saratoga Landscaping & Lighting District LLA - 1 Fiscal Year 2012/2013 Engineer's Report 238 Page 4 Zone Improvements landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946 and 5001. 31 (Horseshoe Drive Landscape and Lighting District) Landscape maintenance along the Saratoga -Los Gatos Road frontage of Tract 247. 32 (Gateway Landscape and Lighting District) Landscape maintenance of frontage along Saratoga -Sunnyvale Road between Prospect Road and the Union Pacific railroad tracks. 33 (Carnelian Glen Landscape and Lighting District) Maintenance of landscaping along the Saratoga -Los Gatos Road frontage of APNs 397-21-031 and 397-37- 015. 34 (Westbrook Landscaping & Lighting District) Provides for maintenance of landscaping along the Prospect Road frontage of Tracts 1222 and 1179 and lighting within both tracts. City of Saratoga Landscaping & Lighting District LLA - 1 Page 5 Fiscal Year 2012/2013 Engineer's Report 239 SECTION III. PROPOSED FISCAL YEAR 2012/2013 BUDGET A. Estimated Fiscal Year 2012/2013 Budget A summary of the proposed District fiscal year 2012/2013 budget is category, in the Tables shown below: Zone Number Operations Subtotals City Costs' Total Costs Revenue Sources Carryover Property Tax Subtotals Net Cost Zone Budgets ZONE 1 Repairs $5,000.00 Maintenance $1,560.00 Water $400.00 Electric $0.00 $6,960.00 Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel summarized, by ZONE 2 ZONE 3 ZONE 4 $5,000.00 $1,224.00 $250.00 $0.00 $6,474.00 $25,000.00 $2,760.00 $1,250.00 $0.00 $29,010.00 $85,000.00 $900.00 $0.00 $15,100.00 $101,000.00 $1,370.00 $3,550.00 $8,280.00 $18,400.00 $8,330.00 $10,024.00 $37,290.00 $119,400.00 $8,776.00 $10,281.00 $17,138.00 $110,809.00 $3,150.00 $600.00 $4,800.00 $47,450.00 $11,926.00 $10,881.00 $21,938.00 $158,259.00 ($3,596.00) ($857.00) $15,352.00 ($38,859.00) $6,000.00 $6,000.00 $5,000.00 $38,859.00 $0.00 $0.00 $0.00 $0.00 $2,404.00 $5,143.00 $20,352.00 $0.00 29 85 176 698 $82.90 $82.90 $134.69 $60.51 $60.50 $98.99 $115.64 $115.64 $118.80 1. City Costs includes for all Zones administration and indirect costs. It also includes costs for the Zones that utilize City Staff for maintenance. $0.00 $0.00 $0.00 maintenance City of Saratoga Landscaping & Lighting District LLA - 1 Page 6 Fiscal Year 2012/2013 Engineer's Report 240 Zone Budgets, Cont. Zone Number ZONE 5 ZONE 6 ZONE 7 ZONE 9 Operations Subtotals City Costs 1 Total Costs Repairs $50,000.00 $8,500.00 $10,000.00 $10,000.00 Maintenance $0.00 $0.00 $0.00 $3,000.00 Water $0.00 $0.00 $0.00 $1,550.00 Electric $3,000.00 $3,500.00 $34,000.00 $225.00 $53,000.00 $12,000.00 $44,000.00 $14,775.00 $5,400.00 $2,280.00 $19,120.00 $1,940.00 $58,400.00 $14,280.00 $63,120.00 $16,715.00 Revenue Sources Carryover $210,258.00 $16,423.00 $12,156.00 $10,466.00 Property Tax $24,500.00 $0.00 $59,000.00 $0.00 Subtotals $234,758.00 $16,423.00 $71,156.00 $10,466.00 Net Cost ($176,358.00) ($2,143.00) ($8,036.00) $6,249.00 Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $176,358.00 $8,500.00 $8,036.00 $7,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,357.00 $0.00 $13,749.00 120 64 781 48 $0.00 $99.33 $0.00 $286.44 $0.00 $99.32 $0.00 $286.44 $0.00 $148.49 $0.00 $323.25 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 7 Fiscal Year 2012/2013 Engineer's Report 241 Zone Number Operations Subtotals City Costs 1 Total Costs Zone Budgets, Cont. ZONE 10 ZONE 11 ZONE 12 ZONE 15 Repairs $550.00 $15,000.00 $2,500.00 $450.00 Maintenance $408.00 $816.00 $900.00 $1,020.00 Water $1,000.00 $600.00 $750.00 $1,500.00 Electric $125.00 $0.00 $0.00 $0.00 $2,083.00 $16,416.00 $4,150.00 $2,970.00 $770.00 $10,500.00 $770.00 $1,730.00 $2,853.00 $26,916.00 $4,920.00 $4,700.00 Revenue Sources Carryover $791.00 $30,026.00 $7,343.00 ($243.00) Property Tax $0.00 $0.00 $0.00 $0.00 Subtotals $791.00 $30,026.00 $7,343.00 ($243.00) Net Cost $2,062.00 ($3,110.00) ($2,423.00) $4,943.00 Carryover not recovered $500.00 $20,000.00 $6,000.00 $275.00 Carryover not reimbursed $0.00 $0.00 $0.00 $0.00 Net Assessment $2,562.00 $16,890.00 $3,577.00 $5,218.00 No. of Parcels 9 250 9 41 Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $284.67 $284.66 $287.66 $67.56 $67.56 $98.99 $397.44 $397.44 $493.86 $127.27 $127.26 $127.30 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 8 Fiscal Year 2012/2013 Engineer's Report 242 Zone Number Operations Subtotals City Costs 1 Total Costs Zone Budgets, Cont. ZONE 16 ZONE 17 ZONE 22 ZONE 24 Repairs $6,500.00 $8,500.00 $10,000.00 $0.00 Maintenance $816.00 $3,120.00 $4,860.00 $0.00 Water $1,400.00 $1,500.00 $2,000.00 $4,000.00 Electric $500.00 $0.00 $1,000.00 $0.00 $9,216.00 $13,120.00 $17,860.00 $4,000.00 $3,750.00 $9,000.00 $29,400.00 $27,600.00 $12,966.00 $22,120.00 $47,260.00 $31,600.00 Revenue Sources Carryover $10,769.00 $18,797.00 $10,951.00 ($1,612.00) Property Tax $0.00 $0.00 $0.00 $34,000.00 Subtotals $10,769.00 $18,797.00 $10,951.00 $32,388.00 Net Cost $2,197.00 $3,323.00 $36,309.00 ($788.00) Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $7,000.00 $12,500.00 $12,000.00 $0.00 $0.00 $0.00 $788.00 $0.00 $9,197.00 $15,823.00 $48,309.00 $0.00 55 200 864 132 $167.22 $167.22 $178.20 $79.12 $79.12 $107.75 $55.91 $55.90 $98.99 $0.00 $0.00 $0.00 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 9 Fiscal Year 2012/2013 Engineer's Report 243 Zone Number Operations Zone Budgets, Cont. ZONE 25 ZONE 26 ZONE 27 ZONE 28 Repairs $4,000.00 $25,000.00 $12,000.00 $3,500.00 Maintenance $1,980.00 $20,520.00 $1,620.00 $3,240.00 Water $2,200.00 $15,000.00 $800.00 $2,800.00 Electric $100.00 $5,000.00 $75.00 $75.00 Subtotals $8,280.00 $65,520.00 $14,495.00 $9,615.00 City Costs 1 $950.00 $5,700.00 $1,430.00 $980.00 Total Costs $9,230.00 $71,220.00 $15,925.00 $10,595.00 Revenue Sources Carryover $3,863.00 $50,941.00 $13,967.00 $1,469.00 Property Tax $0.00 $0.00 $0.00 $0.00 Subtotals $3,863.00 $50,941.00 $13,967.00 $1,469.00 Net Cost $5,367.00 $20,279.00 $1,958.00 $9,126.00 Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $4,000.00 $50,000.00 $5,000.00 $2,000.00 $0.00 $0.00 $0.00 $0.00 $9,367.00 $70,279.00 $6,958.00 $11,126.00 15 94 31 16 $624.47 $624.46 $643.47 $747.65 $747.64 $940.46 $224.45 $224.44 $269.39 $695.38 $695.38 $718.35 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 10 Fiscal Year 2012/2013 Engineer's Report 244 Zone Budgets, Cont. Zone Number Operations Subtotals City Costs Total Costs ZONE 29 ZONE 31 ZONE 32 ZONE 33 ZONE 34 Repairs $5,000.00 $1,300.00 $7,500.00 $750.00 $750.00 Maintenance $960.00 $3,840.00 $1,224.00 $816.00 $600.00 Water $800.00 $1,500.00 $3,000.00 $200.00 $0.00 Electric $2,500.00 $125.00 $1,000.00 $0.00 $0.00 $9,260.00 $6,765.00 $12,724.00 $1,766.00 $1,350.00 $6,550.00 $3,600.00 $11050.00 $1,100.00 $1,880.00 $15,810.00 $10,365.00 $13,774.00 $2,866.00 $3,230.00 Revenue Sources Carryover $12,485.00 ($5,574.00) $7,854.00 $1,102.00 $0.00 Property Tax $0.00 $0.00 $0.00 $0.00 $0.00 Subtotals $12,485.00 ($5,574.00) $7,854.00 $1,102.00 $0.00 Net Cost $3,325.00 $15,939.00 $5,920.00 $1,764.00 $3,230.00 Carryover not recovered $7,000.00 ($4,900.00) $8,500.00 $2,000.00 $500.00 Carryover not reimbursed $0.00 $0.00 $0.00 S0.00 $0.00 Net Assessment $10,325.00 $11,039.00 $14,420.00 $3,764.00 $3,730.00 No. of Parcels 61 52 12 20 92 Assessment Per Parcel $169.26 $212.29 Various $188.20 $40.54 Rounded Assessment Per Parcel $169.26 $212.28 Various $188.20 $40.54 Maximum Assessment Per Parcel $188.56 $212.72 $14,461.00 $194.48 $41.39 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 11 Fiscal Year 2012/2013 Engineer's Report 245 SECTION IV. METHOD OF APPORTIONMENT A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of landscaping and public lights and appurtenant facilities. Streets and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than the assessed value. "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." In addition, Article XIIID and the Implementation Act require that a parcel's assessment may not exceed the reasonable cost for the proportional special benefit conferred to that parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on property located within the assessment district. Article XIIID and the Implementation Act further provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. They also require that publicly owned properties which specifically benefit from the improvements be assessed. B. Benefit Analysis Each of the proposed improvements and the associated costs and assessments within the District has been reviewed, identified and allocated based on special benefit pursuant to the provisions of Article XIIID, the Implementation Act, and the Streets and Highways Code Section 22573. Proper maintenance and operation of the Improvements provide special benefit to properties by providing; 1. Community character by helping to identify, distinguish and enhance these neighborhoods, including the entrances; 2. Improved quality of life by reducing the potential for graffiti, eliminating dust and litter, providing sound attenuation, eliminating potential for blight, and providing added security and safety through lighting and an added City presence; 3. In the absence of the District, the work and improvements would not be otherwise accomplished by the City or the City's contractors. Therefore, the improvements are deemed to have no general benefit to property outside of the District. City of Saratoga Landscaping & Lighting District LLA - 1 Page 12 Fiscal Year 2012/2013 Engineer's Report 246 C. Assessment Methodology To establish the special benefit to the individual lots or parcels within each Zone the assessment methodology has been established as follows: Administrative costs shall be spread equally to all of the lots or parcels of land assessed within the District. Zones 1 through 7, 9 through 12, 15 through 17, 22, 25 through 29, 31, 33 and 34 The cost of Improvements shall be spread equally to all of the lots or parcels of land located within each said respective Zone. Zone 24 Street Lights & Street Trees Costs shall be spread to all the lots or parcels of land located with the Zone proportional to usable parcel area. Village Parking District (VPD) The costs related to the VPD shall be spread to all the lots or parcels of land in commercial use located within said Zone, proportional to the number of parking spaces existing in the VPD parking lots that are assigned to each parcel within the Zone, rounded to the nearest one tenth (0.1) of a parking space. Spaces shall be assigned by adding the total number of spaces in the VPD parking lots and the total private spaces existing on assessable parcels, distributing this sum proportionally by weighted building area, and deducting the number of private spaces, if any, from the resulting number for each parcel. Weighted building area shall be defined as actual building area multiplied by a factor dependent on parcel us as follows: Land Use Factor Retail 1.0 Office/Service 0.5 Restaurant 2.0 Zone 32 The cost of Improvements shall be spread proportionally to the frontage on Saratoga -Sunnyvale Road of each of the lots or parcels of land located within the Zone. Zones 0, 8, 13, 14, 18 through 21, 23 and 30 have been either detached or merged with other zones. A portion of Zone 4 was redesignated as Zone 26 in 1997. City of Saratoga Landscaping & Lighting District LLA - 1 Page 13 Fiscal Year 2012/2013 Engineer's Report 247 D. Rates The table below shows the maximum assessments rates that could be levied in fiscal year 2012/2013 by land use. Each base year represents the year the parcels were balloted for Proposition 218 purposes and from which the escalation factor as described in Section E. below begins. See Section III Proposed Fiscal Year 2012/2013 Budget above for the proposed assessments by Zone fiscal year 2012/2014. Maximum Assessments Zone Base Fiscal Year 1999/2000 Fiscal Year 2012/2013 2 $52.50 $98.99 3 $63.00 $118.80 6 $78.75 $148.49 11 $52.50 $98.99 16 $94.50 $178.20 22 $52.50 $98.99 25 $341.25 $643.47 26 $498.75 $940.46 29 $100.00 $188.56 Zone Base Fiscal Year 2000/2001 Fiscal Year 2012/2013 1 $75.00 $134.69 9 $180.00 $323.25 12 $275.00 $493.86 17 $60.00 $107.75 27 $150.00 $269.39 28 $400.00 $718.35 City of Saratoga Landscaping & Lighting District LLA - 1 Page 14 Fiscal Year 2012/2013 Engineer's Report 248 Base Fiscal Year Fiscal Year Zone 2008/2009 2012/2013 31 $175.00 $212.72 33 $160.00 $194.48 City of Saratoga Landscaping & Lighting District LLA - 1 Page 14 Fiscal Year 2012/2013 Engineer's Report 248 Base Fiscal Year Fiscal Year Zone 2010/11 2012/2013 34 $39.42 $41.39 City of Saratoga Landscaping & Lighting District LLA - 1 Page 14 Fiscal Year 2012/2013 Engineer's Report 248 Maximum Assessments - Zone 32 APN Front Feet Fiscal Year 2004/2005 Fiscal Year 2012/2013 366-12-054 110 $1,052.16 $1,554.53 366-12-065 118 $1,125.66 $1,663.11 366-12-066 160 $1,511.48 $2,233.15 366-12-072' 100 $1,418.80 366-22-023 149 $1,410.44 $2,083.86 386-30-035 106 $1,015.42 $1,500.24 386-30-036 0 $41.66 $61.55 386-30-037 50 $500.98 $740.17 386-30-038 50 $500.98 $740.17 386-30-039 100 $960.30 $1,418.80 386-52-032 75 $730.64 $1,079.49 386-52-033 75 $730.64 $1,079.49 Totals 1,093 $9,580.36 $15,573.36 1. This is a new parcel that is being annexed by unanimous consent of the property owner and will be assessed in fiscal year 2012/2013 E. Assessment Range Formula The purpose of establishing an Assessment Range Formula is to provide for reasonable inflationary increases to the annual assessments without requiring the District to go through an expensive balloting process required by law in order to get a small increase. The maximum assessment for each parcel shall be the amount calculated for the previous year multiplied by 1.05. The Maximum Assessment adjusted annually by this formula is not considered an increased assessment. Although the Maximum Assessment will increase each year, the actual assessment will only reflect the necessary budgeted amounts and may remain unchanged. Increases in the budget or an increase in the rate in one year from the prior year will not require a new 218 balloting unless the rate is greater than the Maximum Assessment adjusted to reflect the 1.05 increase as described above. The Assessment Range Formula applies to all Zones except for Zones 10 and 15 which do not have an annual escalator. City of Saratoga Landscaping & Lighting District LLA - 1 Page 15 Fiscal Year 2012/2013 Engineer's Report 249 SECTION V. ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within the District, along with the proposed assessment amounts and zone, has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. Said listing of parcels to be assessed shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2012/2013. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. City of Saratoga Landscaping & Lighting District LLA - 1 Page 16 Fiscal Year 2012/2013 Engineer's Report 250 City of Saratoga Landscaping & Lighting District LLA - 1 Page 17 Fiscal Year 2012/2013 Engineer's Report 251 SECTION VI. ASSESSMENT DIAGRAM The parcels within the District consist of all lots, parcels and subdivisions of land located within the Boundary of Landscaping and Lighting Assessment District LLA -1. Boundary maps of the Zones are attached. City of Saratoga Landscaping & Lighting District LLA - 1 Page 18 Fiscal Year 2012/2013 Engineer's Report 252 CITY OF SARATOGA City of Saratoga Landscaping & Lighting District LLA -1 Engineer's Report Fiscal Year 2012/2013 The undersigned respectfully submits the enclosed Report as directed by City Council. C. Stephen Bucknam Jr., C20903 Lyn Gruber Koppel & Gruber Public Finance City of Saratoga Landscaping & Lighting District LLA - 1 Page 19 Fiscal Year 2012/2013 Engineer's Report 253 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: Community Development PREPARED BY: Michael Fossati AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Zoning Ordinance Amendment Allowing Tasting Rooms as a Permitted Use in the Commercial -Historic Zoning District. RECOMMENDED ACTION: Conduct a public hearing, introduce and waive the first reading of an ordinance amending the City Code to allow tasting rooms in the CH zoning district, and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. REPORT SUMMARY: As part of the approved 2012 Community Development Department Work Plan, the City Council directed staff and the Planning Commission to consider amending the Conditional Use Permit (CUP) process to distinguish between businesses that sell alcohol for off-site consumption and businesses that sell alcohol to be consumed on-site. The Planning Commission discussed possible amendments at their May 8th study session and unanimously recommended that tasting rooms should be allowed as a permitted use in the Commercial Historic (CH) Zoning District following a public hearing at their May 9th meeting. The Commission recommended the Council amend the City Code as follows: • Include the following definition for a tasting room - "Tasting Room" means a commercial establishment that does not contain a kitchen and is devoted to the sampling and sales of wine or beer produced on or off the premises (Section 15-06.695). • Include tasting rooms, not exceeding four thousand square feet in area, which provide direct customer service on-site between the hours of 8:00 A.M. and 11:00 P.M to the list of permitted uses in the CH zoning district. (Section 15-19.050(a)). Additional background material on the permitting process for alcohol sales in the City is provided in the Planning Commission staff report (Attached No. 3) and its related attachments. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act, the amendment is exempt under CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ALTERNATIVE ACTION: Do not accept the Planning Commission's recommendation and provide staff with direction. FOLLOW UP ACTION: Schedule the ordinance for a second reading. 254 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Notice of the City Council's public hearing on this item was published in the Saratoga News on [insert date] and mailed in the manner and to the extent required by law. ATTACHMENTS: 1. Draft Ordinance 2. Planning Commission Resolution of Approval 3. Planning Commission Staff Report 371475.2 255 ORDINANCE NO. An Ordinance of the City of Saratoga Amending Saratoga City Code Articles 15-06 and 15-19 Concerning Tasting Rooms ZOAl2-0005 Findings 1. The City of Saratoga wishes to amend certain articles and sections of the City Code in order to promote the attraction of wineries or wine -related businesses to the City of Saratoga's commercial historic districts. 2. Following a study session and public hearing, the Planning Commission of the City of Saratoga considered proposed amendments to the City Code at a duly noticed public hearing on May 9, 2012 and thereafter recommended adoption of this ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on June 6, 2012 and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Articles 15-06 and 15-19 of the Saratoga City Code are hereby amended as set forth in Exhibit "A". Text to be added is indicated in bold double underlined font (i.e. example) and text to be deleted is indicated in strikeout font (i.e. example). Text in standard font is adopted without change. Sections within an Article that are not included in Exhibit "A" are unchanged from the existing City Code. Section 2. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Attachment 1 256 Section 3. California Environmental Quality Act The proposed ordinance, amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections 15061(b)(3) and 15308. CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments and additions would have minimal impact on the environment. Section 4. Publication This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 6th day of June 2012, and was adopted by the following vote following a second reading on the 20th day of June 2012: AYES: NOES: ABSENT: ABSTAIN: SIGNED: ATTEST: Chuck Page, Crystal Morrow, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY 257 Exhibit A to Ordinance No. An Ordinance of the City of Saratoga Amending Saratoga Municipal Code Articles 15-06 and 15-19 ZOAl2-0005 Proposed amendments are shown below. Text to be added is bold double underlined (example) and text to be deleted is shown in strikeout (example). Text in standard font is adopted without change. ARTICLE 15-06 DEFINITIONS 15-06.695 — Tasting Room "Tasting Room" means a commercial establishment that does not contain a kitchen and is devoted to the sampling and sales of wine or beer produced on or off the premises. ARTICLE 15-19 C: COMMERCIAL DISTRICTS 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. 258 (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages, with the exception of tastingsooms, as provided for in Section 15-19.050(a)(3) of this Code. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. 15-19.050 - C -H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH -1 and CH -2 districts: (1) professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line; and (3) tasting rooms, not exceeding four thousand square feet in 259 area, which provide direct customer service on-site between the hours of 8:00 A.M. and 11:00 P.M. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH -1 and CH -2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-use development conforming to the design standards found in Article 15-58 (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. 260 RESOLUTION NO. 12-022 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL TO AMEND THE SARATOGA MUNICIPAL CODE CHAPTER 15 REGARDING "TASTING ROOMS" WHEREAS, the City of Saratoga wishes to amend certain articles and sections of the City Code in order to remedy internal ambiguities and promote economic development. The foregoing work is described as the "Project" of this Resolution WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on May 9, 2012, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Guidelines. The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 3: The project is consistent with the Saratoga General Plan Goal LU 2 in that the City shall continue to encourage the economic viability of Saratoga's existing commercial and office areas and there accessibility by residents, taking into account the impact on surrounding residential areas. Section 4: The City of Saratoga Planning Commission hereby recommends to the City Council to amend Saratoga Municipal Code Article 15-06 and Article 15-19 attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 9th day of May 2012 by the following vote: AYES: WALIA, HLAVA, REIS, GROVER, ALMALECH, BERNALD, ZHAO NOES: 261 Resolution No. 12-022 Page 2 ABSENT: ABSTAIN: Tina K. Walia Chair, Planning Commission 262 Resolution No. 12-022 EXHIBIT 1 Amendments to Saratoga Municipal Code Chapter 15 Page 3 Proposed amendments are shown below. Text to be added is double underlined (example) and text to be deleted is shown in strikeout (example). Text in standard font is not changed. ARTICLE 15-06 DEFINITIONS 15-06.695 — Tasting Room "Tasting Room" means a commercial establishment devoted to the sampling and sales of wine or beer produced on or off the premises that does not contain a kitchen. ARTICLE 15-19 C: COMMERCIAL DISTRICTS 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages, notwithstanding any other provision within this Article. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. 263 Resolution No. 12-022 Page 4 (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. 15-19.050 - C -H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH -1 and CH -2 districts: (1) professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line; and (3) tasting rooms, not exceeding four thousand square feet in area, which provide direct customer service on-site between the hours of 8:00 A.M. and 11:00 P.M. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH -1 and CH -2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-use development conforming to the design standards found in Article 15-58 (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. 264 REPORT TO THE PLANNING COMMISSION Meeting Date: Application: Location / APN: Owner / Applicant: Staff Planner: May 9, 2012 ZOAl2-0005 13777 Fruitvale Ave. / 389-43-025 City of Saratoga Michael Fossati Sl Andrev; Episcopal Sd-nnl Sap Sacre-d Heal rAr Church -Saratoga Heart Sehoot ta"' CT rvx cannecfon .5013 200 m Redwtvad Middle Scheel Allen "e Saratoga Farmer,:' Market at West Valley College Pco• Awa PI Traffic • ro Allendale Ave ws:st College Th 13777 Fruitvale Ave. 265 SUMMARY PROJECT DESCRIPTION: The proposed zoning amendment would add "Tasting Rooms" as a principally permitted use instead of a conditionally permitted use, as long as the establishment is located within a C -N (Commercial -Neighborhood), C-N(RHD) (Residential High -Density), C -V (Commercial - Visitor) or C -H (Commercial -Historic) zoning district. Business establishments (such as bars and restaurants) that serve alcoholic beverages would still be required to obtain a conditional use permit. STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution No. 12-022 approving the recommendation that the proposed zoning amendment be adopted by City Council. PROJECT DETAILS This project is subject to City Code Section 15-85.050, where the Planning Commission shall hold at least one public hearing on any proposed zoning amendment. Background At the May 8, 2012 study session, the Planning Commission reviewed how business establishments sell alcoholic beverages obtain approvals and permits within the City. The May 8, 2012 memo (and attachments) has been included in this staff report (Attachment 2). Summary The number of wineries and wine -selling businesses has been slowly increasing within the City and leading to an increase in business activity. The City has the opportunity to attract and increased level of commercial investment within the wine industry by allowing "Tasting Rooms" as a permitted use. Regulations and standards regarding the definition of "Tasting Rooms" can be found in Attachment 1. Noticing Notice of the public hearing has been published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. ENVIRONMENTAL DETERMINATION: The project is exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Guidelines. The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed project consists of an ordinance that modifies the permitting process for "Tasting Rooms". These changes are not anticipated to result in any changes to the physical environment. STAFF RECOMMENDATION 266 Adopt Resolution No. 12-022 recommending the City Council approve the ordinance changes shown in Exhibit 1. ATTACHMENTS: 1. Resolution of Approval — Recommendation to City Council to allow Tasting Rooms 2. Memo & Attachments of 5/8/12 Study Session — Alcohol Sales 267 RESOLUTION NO. 12-022 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL TO AMEND THE SARATOGA MUNICIPAL CODE CHAPTER 15 REGARDING "TASTING ROOMS" WHEREAS, the City of Saratoga wishes to amend certain articles and sections of the City Code in order to remedy internal ambiguities and promote economic development. The foregoing work is described as the "Project" of this Resolution WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on May 9, 2012, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State Guidelines. The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 3: The project is consistent with the Saratoga General Plan Goal LU 2 in that the City shall continue to encourage the economic viability of Saratoga's existing commercial and office areas and there accessibility by residents, taking into account the impact on surrounding residential areas. Section 4: The City of Saratoga Planning Commission hereby recommends to the City Council to amend Saratoga Municipal Code Article 15-06 and Article 15-19 attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 9th day of May 2012 by the following vote: AYES: NOES: 268 Resolution No. 12-022 Page 2 ABSENT: ABSTAIN: Tina K. Walia Chair, Planning Commission 269 Resolution No. 12-022 EXHIBIT 1 Amendments to Saratoga Municipal Code Chapter 15 Page 3 Proposed amendments are shown below. Text to be added is double underlined (example) and text to be deleted is shown in strikeout (example). Text in standard font is not changed. ARTICLE 15-06 DEFINITIONS 15-06.695 — Tasting Room "Tasting Room" means a commercial establishment devoted to the sampling and sales of wine or beer produced on or off the premises that does not contain a kitchen. ARTICLE 15-19 C: COMMERCIAL DISTRICTS 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: (a) Permitted uses. The following permitted uses shall be allowed in any commercial district, unless a use involves the operation of a business providing direct customer service (including, but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Retail establishments, except restaurants, markets, delicatessens, and any establishment engaged in the sale of alcoholic beverages. (2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40 of this Chapter. (3) Parking lots which comply with the standards for off-street parking facilities as set forth in Section 15-35.020 of this Chapter. (4) Accessory structures and uses located on the same site as a permitted use. (5) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone and other wireless communications. (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Restaurants. (2) Markets and delicatessens. (3) Any establishment engaged in the sale of alcoholic beverages, notwithstanding any other provision within this Article. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (7) Community facilities. (8) Game arcades. 270 Resolution No. 12-022 Page 4 (9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all operations except the sale of gasoline and oil shall be conducted within an enclosed structure. (10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal establishments shall be subject to the regulations and license provisions set forth in Section 7-20.210 of this Code. (11) Public buildings and grounds. (12) Public utility and public service pumping stations, power stations, drainage ways and structures, storage tanks, transmission lines and cable television facilities. (13) Accessory structures and uses located on the same site as a conditional use. 15-19.050 - C -H district regulations. (a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this Article, the following permitted uses shall also be allowed in the CH -1 and CH -2 districts: (1) professional, administrative and medical offices and financial institutions, when located either above the street level or at the street level if separated from the street frontage by a retail establishment; and (2) personal service businesses that are above street level, and personal service businesses that are at street level but do not have primary access from Big Basin Way or across the front lot line; and (3) tasting rooms, not exceeding four thousand square feet in area, which provide direct customer service on-site between the hours of 8:00 A.M. and 11:00 P.M. (b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this Article, the following conditional uses may also be allowed in the CH -1 and CH -2 districts, upon the granting of a use permit pursuant to Article 15-55 of this Chapter: (1) Professional, administrative and medical offices and financial institutions, when located at street level and having street frontage. (2) Theaters. (3) Religious and charitable institutions. (4) Mixed-use development conforming to the design standards found in Article 15-58 (5) Personal service businesses at the street level that have primary access from Big Basin Way or across the front lot line. 271 TO: PLANNING COMMISSION STUDY SESSION MEMORANDUM Planning Commission FROM: Michael Fossati, Planner MEETING DATE: May 8, 2012 SUBJECT: Discussion regarding sale of alcoholic beverages within the City. The purpose of this study session is to provide an opportunity to discuss the background and history of alcoholic sales within Saratoga. The following memo should provide the Planning Commission a brief summary of how business establishments that sale alcoholic beverages operate within the City, in order for the PC to prepare for the May 9, 2012 public hearing agenda item (Alcohol sales). BACKGROUND At the January 26, 2012 City Council Retreat, the Community Development Department was directed to research local and state regulations surrounding the sale of alcohol and propose amendments to the Conditional Use Permit (CUP) process to distinguish between businesses that sell alcohol for off-site consumption and those that sell alcohol to be consumed on-site. Any business engaged in the sale of alcoholic beverages in the City's commercial zoning districts are required to obtain a CUP (Section 15-19.020). The City Code currently does not differentiate between on and off site sales and does not different types of business such tasting rooms or bars from restaurants. Establishments that sell any beverage for on-site consumption is defined as a restaurant pursuant to City Code Section 15-06.550: "Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for immediate human consumption on the premises, and includes any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, soda fountain or dining room. Wineries are listed as conditional uses (requiring a CUP) in both the Residential Open Space and the Hillside Residential zoning districts however; there is no definition for wineries within the City Code. The California Department of Alcoholic Beverage Control (ABC) licenses and regulates the manufacture, importation and sale of alcoholic beverages throughout the State. Its licensing authority includes the power to deny, suspend or revoke any specific alcoholic beverage license. There are 77 types of alcohol licenses available in the State of California. Approximately eight of those types can be found in Saratoga businesses. We have grouped those eight types into four categories similar to those used by the ABC: 1 272 (1) On -Sale — sales for on-site consumption (restaurants, tasting rooms, bars) (2) Off -Sale - retail sales for off-site consumption (grocery stores, wine stores, liquor stores) (3) Sale of beer & wine (4) Sale all types of alcohol ("general"). OFF -SALE LICENSES The City currently has eight businesses that have active off -sale licenses. License Type Description Example of Local Businesses Type 20 Off Sale Beer & Wine Uncorked, Mustard Hill Cellars, Vine Life, Ryan Cochrane Wines Type 21 Off Sale General Safeway, Gene's Fine Foods, Stop & Save, CVS ON -SALE LICENSES The City currently has 36 businesses that have active on -sale licenses. License Type Description Example of Local Businesses Type 41 On Sale Beer & Wine — Eating Place Jakes Restaurant, Masu Japanese Bistro, Yong -Lo Garden, La Cueva Mex Grill Type 42 On Sale Beer & Wine — Public Premises Inn at Saratoga, Uncorked, Belltower Bistro & Patisserie Type 47 On Sale General — Eating Place The Basin, La Mere Michelle, Plumed Horse, La Fondue, Casa de Cobre Type 48 On Sale General — Public Premises The Bank Type 51 Club Saratoga Country Club, St Archangel Michael Orthodox Church Type 79 Certified Farmers' Market Sales Rainbow Orchards (vendor at West Valley Farmer's Market) Typically, these licenses are for businesses which serve alcohol to be consumed on the premises, but a majority of these licenses (Type 41, 42, 47, 48) allow the sale of beer and wine for consumption off the premises where sold. NON -RETAIL LICENSES The City currently has seven businesses that have active "non -retail" licenses typically for wineries, distilleries and wholesalers. License Number Type of License Example of Local Businesses Type 02 Winegrower Kathryn Winery, Kennedy Big Basin Winery, Cinnabar Vineyards, House 2 273 City & ABC Review Process A business that would like to sell alcoholic beverages within the commercial zoning districts in Saratoga must operate under a CUP. The application fee for a new CUP is $3,550 for an Administrative permit (for businesses less than 3,000 square feet) or $4,700 for a CUP requiring Planning Commission approval. An Administrative CUP review process takes 3-4 weeks and a CUP requiring Planning Commission review can take 2-4 months depending on its complexity. Once approved by the City, the business may then apply for an ABC license. According to ABC, a license can take between 2 and 16 months, depending if the permit is protested. Attachment 4 is a flow chart illustrating the ABC application process. The CUP process and ABC's licensing process have separate public noticing components. The ABC's noticing requirements are provided as Attachment 5. DISCUSSION The number of wineries and wine -selling businesses has been slowing increasing within the City and are helping to increase business activity. The number of wine related businesses within Saratoga currently exceeds that of our neighboring cities which could prove to be a competitive edge in attracting more related businesses. Since the sale of alcohol is already a highly regulated activity by the ABC, the City could consider allowing businesses that sell beer and wine for on-site consumption (License Types 2, 40, 41, and 42) as a permitted use and not require a CUP. The hours of operation could be limited to 11:00 PM in the code and any businesses wishing to operate past that hour would be required to obtain a CUP. The wine tasting rooms on Big Basin Way are currently are allowed to operate up to 11:00 PM. Staff understands that businesses with these license types are also allowed to sell products for off-site consumption too. ATTACHMENTS: Att. 1 — Description of Common Retail Licenses - ABC Att. 2 — Description of Non -Retail License - ABC Att. 3 — CUP Application Requirements — City of Saratoga Att. 4 — ABC License Requirements — ABC Att. 5 — Public Notification Process — ABC Att. 6 — Minutes from 1/26/12 City Council Retreat 3 274 Family Winery, Roudon Smith Winery Type 17 Beer & Wine Wholesaler Mustard Hill Cellars, Ryan Cochrane Wines, City & ABC Review Process A business that would like to sell alcoholic beverages within the commercial zoning districts in Saratoga must operate under a CUP. The application fee for a new CUP is $3,550 for an Administrative permit (for businesses less than 3,000 square feet) or $4,700 for a CUP requiring Planning Commission approval. An Administrative CUP review process takes 3-4 weeks and a CUP requiring Planning Commission review can take 2-4 months depending on its complexity. Once approved by the City, the business may then apply for an ABC license. According to ABC, a license can take between 2 and 16 months, depending if the permit is protested. Attachment 4 is a flow chart illustrating the ABC application process. The CUP process and ABC's licensing process have separate public noticing components. The ABC's noticing requirements are provided as Attachment 5. DISCUSSION The number of wineries and wine -selling businesses has been slowing increasing within the City and are helping to increase business activity. The number of wine related businesses within Saratoga currently exceeds that of our neighboring cities which could prove to be a competitive edge in attracting more related businesses. Since the sale of alcohol is already a highly regulated activity by the ABC, the City could consider allowing businesses that sell beer and wine for on-site consumption (License Types 2, 40, 41, and 42) as a permitted use and not require a CUP. The hours of operation could be limited to 11:00 PM in the code and any businesses wishing to operate past that hour would be required to obtain a CUP. The wine tasting rooms on Big Basin Way are currently are allowed to operate up to 11:00 PM. Staff understands that businesses with these license types are also allowed to sell products for off-site consumption too. ATTACHMENTS: Att. 1 — Description of Common Retail Licenses - ABC Att. 2 — Description of Non -Retail License - ABC Att. 3 — CUP Application Requirements — City of Saratoga Att. 4 — ABC License Requirements — ABC Att. 5 — Public Notification Process — ABC Att. 6 — Minutes from 1/26/12 City Council Retreat 3 274 Department of Alcoholic Beverage Control COMMON ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of California IJCENSE TYPE DESCRIPTION 01 BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are allowed on the premises. 02 WINEGROWER - (Winery) Authorizes the sale of wine and brandy to any person holding a license authorizing the sale of wine and brandy, and to consumers for consumption off the premises where sold. Authorizes the sale of all wines and brandies, regardless of source, to consumers for consumption on the premises in a bona fide eating place that is located on the licensed premises or on premises owned by the licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating place. May conduct winetastings under prescribed conditions (Section 23356.1; Rule 53). Minors are allowed on the premises. 20 OFF SALE BEER & WINE - (Package Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. 21 OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. 23 SMALL BEER MANUFACTURER - (Brew Pub or Micro -brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro -brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. 40 ON SALE BEER - (Bar, Tavern) Authorizes the sale of beer for consumption on or off the premises where sold. No wine or distilled spirits may be on the premises. Full meals are not required; however, sandwiches or snacks must be available. Minors are allowed on the premises. 41 ON SALE BEER & WINE — EATING PLACE - (Restaurant) Authorizes the sale of beer and wine for consumption on or off the premises where sold. Distilled spirits may not be on the premises (except brandy, rum, or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 42 ON SALE BEER & WINE — PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer and wine for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 47 ON SALE GENERAL — EATING PLACE - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must maintain suitable kitchen facilities, and must make actual and substantial sales of meals for consumption on the premises. Minors are allowed on the premises. 48 ON SALE GENERAL — PUBLIC PREMISES - (Bar, Night Club) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are not allowed to enter and remain (see Section 25663.5 for exception, musicians). Food service is not required. 49 ON SALE GENERAL — SEASONAL - Authorizes the same privileges and restrictions as provided for a Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the license certificate. ABC -616 (09-11) 275 UGENSE TYPE DESCRIPTION 51 CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. No off -sale privileges. Food service is not required. Minors are allowed on the premises. 52 VETERAN'S CLUB - Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guest only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. 57 SPECIAL ON SALE GENERAL - Generally issued to certain organizations who cannot qualify for club licenses. Authorizes the sale of beer, wine and distilled spirits, to members and guests only, for consumption on the premises where sold. Authorizes the sale of beer and wine, to members and guests only, for consumption off the licensed premises. Food service is not required. Minors are allowed on the premises. 59 ON SALE BEER AND WINE — SEASONAL - Authorizes the same privileges as a Type 41. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. 60 ON SALE BEER — SEASONAL - Authorizes the sale of beer only for consumption on or off the premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the premises. 61 ON SALE BEER — PUBLIC PREMISES - (Bar, Tavern) Authorizes the sale of beer only for consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors are not allowed to enter and remain (warning signs required). Food service is not required. 67 BED AND BREAKFAST INN - Authorizes the sale of wine purchased from a licensed winegrower or wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer or distilled spirits may be on the premises. Wine shall not be given away to guests, but the price of the wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine from the grounds is not permitted. Minors are allowed on the premises. 70 ON SALE GENERAL — RESTRICTIVE SERVICE - Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite -type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on the premises. 75 ON SALE GENERAL — BREWPUB - (Restaurant) Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the premises. 80 BED AND BREAKFAST INN — GENERAL - Authorizes the sale of beer, wine and distilled spirits purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for consumption on the premises. Alcoholic beverages shall not be given away to guests, but the price of the alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation. Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises. 86 INSTRUCTIONAL TASTING LICENSE—Issued to the holder of and premises of a Type 20 or Type 21 licensee, authorizes the tasting of alcoholic beverages as authorized to be sold from the off -sale premises, on a limited basis. Requires physical separation from the off -sale premises while tasting is taking place and generally requires the participation of a specifically -authorized manufacturer or wholesaler licensee. ABC -616 (09-11) 276 SPECIAL EVENTS The Department also issues licenses and authorizations for the retail sale of beer, wine and distilled spirits on a temporary basis for special events. The most common are listed below. Other less common ones are found in Business and Professions Code Section 24045.2, et seq. SPECIAL DAILY BEER AND/OR WINE LICENSE - (Form ABC -221) Authorizes the sale of beer and/or wine for consumption on the premises where sold. No off -sale privileges. Minors are allowed on the premises. May be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to obtain prior written approval of the local law enforcement agency. Issued to non-profit organizations. (Rule 59, California Code of Regulations) DAILY ON SALE GENERAL LICENSE - (Form ABC -221) Authorizes the sale of beer, wine and distilled spirits for consumption on the premises where sold. No off -sale privileges. Minors are allowed on the premises. May be revoked summarily by the Department if, in the opinion of the Department and/or the local law enforcement agency, it is necessary to protect the safety, welfare, health, peace and morals of the people of the State. In some instances, the local ABC office may require the applicant to obtain prior written approval of the local law enforcement agency. Issued to political parties or affiliates supporting a candidate for public office or a ballot measure or charitable, civic, fraternal or religious organizations. (Section 24045.1 and Rule 59.5 California Code of Regulations) CATERING AUTHORIZATION - (Form ABC -218) Authorizes Type 47, 48, 51, 52, 57, 75 and 78 licensees (and catering businesses that qualify under Section 24045.12) to sell beer, wine and distilled spirits for consumption at conventions, sporting events, trade exhibits, picnics, social gatherings, or similar events. Type 47, 48 and 57 licensees may cater alcoholic beverages at any ABC -approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises. All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Department for each event. At all approved events, the licensee may exercise only those privileges authorized by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on -sale premises and violation of those provisions may be grounds for suspension or revocation of the licensee's license or permit, or both, as though the violation occurred on the licensed premises. (Section 23399 and Rule 60.5 California Code of Regulations) EVENT AUTHORIZATION - (Form ABC -218) Authorizes Type 41, 42, 47, 48, 49, 57, 75 and 78 licensees to sell beer, wine and distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the licensee. This property shall be secured and controlled by the licensee and not visible to the general public. The licensee shall obtain prior approval of the local law enforcement agency. At all approved events, the licensee may exercise only those privileges authorized by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on -sale premises (including any license conditions) and violations of those provisions may be grounds for suspension or revocation of the licensee's license or permit, or both, as though the violation occurred on the licensed premises. (Section 23399) WINE SALES EVENT PERMIT - (Form ABC -239) Authorizes Type 02 licensees to sell bottled wine produced by the winegrower for consumption off the premises where sold and only at fairs, festivals or cultural events sponsored by designated tax exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC for each event (Form ABC -222). The licensee must also comply with all restrictions listed in Business and Professions Code Section 23399.6. Note: 1. "Minor" means any person under 21 years of age. 2. Consult Section 25663(b) regarding age of employees in off -sale premises; consult Sections 25663(a) and 25663.5 regarding age of employees in on -sale premises. 3. In certain situations, ABC may place reasonable conditions upon a license, such as restrictions as to hours of sale, employment of designated persons, display of signs, restrictions on entertainment or dancing, etc. If a license has been conditioned, it will be endorsed as such on the face of the license. (Conditional licenses, Sections 23800-23805.) 4. Licensees whose license allows minors on the premises may have a "house policy" restricting minors from entering certain areas of the premises or prohibiting minors in the premises during certain hours. 5. This handout contains only abbreviated information. Contact your local ABC office for full information before doing anything which may jeopardize your license. Also available from the ABC: Quick Summary of Selected ABC Laws (form ABC -608); Alcoholic Beverage Control Act (complete laws); Rules & Regulations; and P-90 (describes privileges of non -retail licenses). ABC -616 (09-11) 277 Department of Alcoholic Beverage Control NON -RETAIL ABC LICENSE TYPES AND THEIR BASIC PRIVILEGES State of California Edmund G. Brown Jr., Governor UCENSE TYPE DESCRIPTION 01 BEER MANUFACTURER - (Large Brewery over 60,000 barrels per year) This license is required by makers of beer in this State. An exception under State and Federal law allows a person to produce up to 100 gallons of beer a year for his/her own consumption (maximum of 200 gallons per household). See also Small Beer Manufacturer (Type 23) for brewpubs and micro -breweries. "Beer manufacturer" means any person, except those manufacturing pursuant to Section 23356.2 (home brew), engaged in the manufacture of beer (Section 23012). 02 WINEGROWER - (Winery) The following pertains to new winegrowers' licenses issued after September 17, 1965. A winegrower must have facilities and equipment for the conversion of fruit into wine and engage in the production of wine (Section 23013). Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations permit a winegrower to use the facilities and equipment of another winegrower to produce wine. This is commonly referred to as an "alternating proprietorship." Separate winegrower licenses are issued to each legal entity manufacturing wine under its own bonded winery permit. Wine must be made from the fermentation of agricultural products to which may be added brandy that is distilled from the same agricultural product from which the wine is made. Thus, neutral grain or other distilled spirits cannot be used to fortify wine — only brandy of a specific type. No more than 15% added flavoring or blending material may be added. (Section 23007). 03 BRANDY MANUFACTURER - The following pertains to brandy manufacturers' licenses, and to duplicate brandy manufacturer's licenses issued after September 17, 1965. This license authorizes the holder to manufacture only brandy and not other distilled spirits (Section 23014). Brandy made by the distillation of wine or fermented fruit. 04 DISTILLED SPIRITS MANUFACTURER - The following pertains to new distilled spirits manufacturer's licenses issued after September 18, 1959. The Act defines a distilled spirits manufacturer as "...any person who produces distilled spirits from naturally fermented materials or in any other manner" (Section 23015). The functions of this type of license, in addition to that of production, include packaging, bottling, rectifying, flavoring and others as found within Section 23356. The functions apply only to distilled spirits; they do not include wine or beer. 05 DISTILLED SPIRITS MANUFACTURER'S AGENT - This license authorizes any of the following: (a) The possession of distilled spirits in public or private warehouses. (b) The exportation of distilled spirits. (c) The cutting, blending, mixing, flavoring, and coloring of distilled spirits for his own account or for the account of a distilled spirits manufacturer, manufacturer's agent, rectifier, or wholesaler. (d) Whether cut, blended, mixed, flavored, or colored by him, or any other person, the packaging and the sale or delivery of distilled spirits only to holders of distilled spirits manufacturer's, rectifier's or distilled spirits wholesaler's licenses. A person need not actually engage in the cutting, blending, or bottling of distilled spirits in order to qualify for a distilled spirits manufacturer's agent's license. 06 STILL - The following applies to still licenses used for the making of alcoholic beverages or capable of such use. A still is "...any apparatus capable of being used for separating alcohol, or alcoholic vapors or solutions from alcohol or alcoholic solutions or mixtures ..." Stills used for laboratory purposes or stills used solely for producing distilled water or other non-alcoholic beverages are exempt from licensing (Section 23034). (Generally, this license is not required to produce fuel alcohol.) 07 RECTIFIER - This type of license is frequently referred to as a "distilled spirits rectifier's license", which is incorrect since the license also permits the rectification of wine. This licensee is authorized to cut, blend, rectify, mix, flavor and color distilled spirits and wine upon which excise tax has been paid and, whether rectified by the licensee or another person, to package, label, export and sell the products to persons holding licenses authorizing the sale of distilled spirits (Sections 23016 and 23368). This licensee may sell distilled spirits and wine without the need for any other license, but he/she may not sell wine to a person who does not hold a license that also authorizes the sale of distilled spirits. A rectifier may also elect to function as a distilled spirits wholesaler, but when doing so, he/she must comply with all of the provisions applicable to a distilled spirits wholesaler (Section 23371). ABC -616 -NR (rev. 01-11) 278 IJCENSE TYPE DESCRIPTION 08 WINE RECTIFIER - The wine rectifier's license is one in very limited use. Presently, there are no active Type 08 licenses. A rectifier's license (Type 07) includes wine rectification privileges in addition to allowing distilled spirits rectification privileges. A wine blender's license allows most of the same privileges as the wine rectifier's license. A wine rectifier may only deal in "tax -paid" wine, unlike a wine blender who may process "in -bond" (non -tax paid) wine. A wine rectifier's license authorizes the person to whom issued to cut, blend, mix, flavor, or color wine upon which excise tax has been paid, and whether so cut, blended, rectified, mixed, flavored, or colored by him, or any other person, to package, label, export, and sell the products to persons holding licenses authorizing the sale of wine (Section 23372). 09 BEER AND WINE IMPORTER - This license is only issued to a person who holds another type of license which permits the sale of beer and wine for resale. This license has no sale privileges. It only permits the holder to import and export alcoholic beverages and to transfer the beverages to him/herself under another license (Section 23374). 10 BEER AND WINE IMPORTER'S GENERAL - This type of license is one frequently issued to agents for out-of-state breweries or wineries who refer to themselves as "brokers." Such agents differ greatly from true brokers as is shown in the functions they perform. This license should also be held by companies representing manufacturers/suppliers where such companies have a physical marketing presence in California. This presence may consist of a regional sales office or one person/employee working out of his/her home while performing general missionary work. Another common situation requiring the holding of this license is where an out-of-state vendor imports beer or wine in its own name and uses the services of a licensed public warehouse for importation, storage and distribution of beer and wine to authorized licensees. Section 23374.6 authorizes the person to whom this license is issued to become an importer of beer or wine and to sell State tax -paid beer and wine to beer manufacturers, winegrowers, beer and wine wholesalers, wine rectifiers, and other beer and wine importer's general licensees. 11 BRANDY IMPORTER - This license is only issued to a person who holds another type of license which permits the sale of brandy for resale. It, however, may not be issued to a California Brandy Wholesaler. (Section 23378.1) Brandy is included in the definition of distilled spirits (Section 23005). 12 DISTILLED SPIRITS IMPORTER - This license is only issued to a licensee who has another type of non -retail distilled spirits license. This license has no sale privileges. It only permits the holder to import and export alcoholic beverages, and to transfer the beverages to him/her under another license (Section 23374). 13 DISTILLED SPIRITS IMPORTER'S GENERAL - This type of license is one most frequently issued to agents for out-of-state rectifiers, distilleries, or nation-wide import companies. Such agents differ greatly from true brokers as is shown in the functions they perform. This license should also be held by companies representing manufacturers/suppliers where such companies have a physical marketing presence in California. This presence may consist of a regional sales office or one person/employee working out of his/her home while performing general missionary work. Another situation requiring the holding of this license is where an out-of-state vendor imports distilled spirits in its own name and uses the services of a licensed public warehouse for importation, storage and distribution of distilled spirits to authorized licensees. A distilled spirits importer's general license authorizes the person to whom issued to become an importer of distilled spirits and to sell distilled spirits to distilled spirits manufacturers, distilled spirits manufacturer's agents, distilled spirits wholesalers, rectifiers and distilled spirits general importers (Section 23374.5). 14 PUBLIC WAREHOUSE - A public warehouse license is required for a warehouseman who provides warehouse service for alcoholic beverage licensees. This is distinguished from private warehouse permits, where a licensee has a leasehold or ownership interest and provides his/her own help at a premises other than that where licensed. The Act defines a public warehouse as "...any place licensed for the storage of, but not for sale of, alcohol, or alcoholic beverages, for the account of other licensees..." (Sections 23036 and 23375). A public warehouse is one of the types of premises to which imports may come to rest (Section 23661). It is also one of the types of premises from which a distilled spirits wholesaler may make deliveries if it is in the county where he/she is licensed (Section 23355.1). ABC -616 -NR (rev. 01-11) 2 279 LICENSE TYPE DESCRIPTION 15 CUSTOMS BROKER - This type of licensee will generally be located near the dock area in seaports or at international airports. The Customs Broker is also frequently located in port cities in building where many foreign consulates or commercial attaches have their offices. Special Note: This Department has taken the position that where a customs broker makes either entry or withdrawal in his own name, is identified as the responsible person and has a possessory right, the possibility of unlawful diversion into the internal commerce of the State exists. Under these circumstances, we believe he/she should be subject to State control and, therefore, licensed. On the other hand, if the customs broker is solely engaged as an agent for licensed importers and if all entries and/or withdrawal documents disclose the licensed importer as the principal, he/she need not be licensed by this Depar talent. However, we strongly suggest that such persons apply for and hold Type 15 licenses to permit the flexibility needed to handle unforeseen special circumstances requiring licensure. "Customs broker" means every person who is authorized to act as agent or broker for a person licensed as an importer of for a person whose place of business is without the State, in regard to the importing of alcoholic beverages into the State in United States Internal Revenue bond or in United States Customs bond. (Section 23019). The principal function of a customs broker is handling the paperwork and paying the duty on behalf of his principals on imported merchandise. 16 WINE BROKER - A wine broker is an independent contractor who acts as the agent in the sale of wine products. Typically, wine broker's services are contracted by smaller wineries and wholesalers who cannot maintain their own in-house marketing representatives. A wine broker means every person, other than a salesman who is regularly employed by a licensee, who engages as an agent in the sale or purchase of wine for or on behalf of another or others for a fee or commission (Section 23020). 17 BEER AND WINE WHOLESALER - The following pertains to beer and wine wholesalers generally. This permits incidental sales to other supplier -type licensees. However, to qualify as a bona fide wholesaler, a licensee must sell to retailers generally (Section 23779). 18 DISTILLED SPIRITS WHOLESALER - The following pertains to distilled spirits wholesalers generally. However, specific mention will be made of certain "grandfather" privileges with regard to tied -house situations and in regard to sales of merchandise other than alcoholic beverages. "Wholesale sale" means a sale of distilled spirits to any licensee for the purpose of resale (Section 23027). This permits incidental sales to other supplier -type licensees. However, to qualify as a bona fide wholesaler, a licensee must sell to retailers generally (Section 23779, Rule 28). 19 INDUSTRIAL ALCOHOL DEALER - An industrial alcohol dealer sells alcohol for use in the trades, professions, and industries, but not for beverage use. He/she may sell to non -licensees only if they have a use permit issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB). Section 23022 defines an industrial alcohol dealer as one who sells alcohol or distilled spirits in packages of more than one gallon for use in the trades, professions, or industries, but not for beverage use. Section 23380 authorizes a dealer to sell undenatured ethyl alcohol in packages of more than one gallon for use in the trades, professions, or industries and not for beverage consumption. It also authorizes the importation and exportation of undenatured ethyl alcohol. Undenatured ethyl alcohol is alcohol that is fit for beverage purposes as differentiated from denature alcohol which is not fit for beverage purposes. 22 WINE BLENDER - The following pertains to new wine blender's licenses issued on and after February 3, 1968. A wine blender is a person authorized to operate a bonded wine cellar pursuant to a Federal Basic Permit issued by the Alcohol and Tobacco Tax and Trade Bureau (TTB) who does not have facilities or equipment for the conversion of fruit into wine and does not engage in the production of wine (Section 23013.5). Wine must be made from the fermentation of agricultural products to which may be added brandy which is distilled from the same agricultural product from which the wine is made. No other type of distilled spirits may be used to fortify wine. No more than 15% added flavoring or blending material may be added (Section 23007). A wine blender is not required to engage in blending, processing, or bottling wine. He/she may elect to operate only a warehouse facility for the storage of non -tax paid ("in -bond") wine. This activity requires a Bonded Wine Cellar permit from TTB in addition to the wine blender license (Section 23770). Normally, the application fee for a wine blender license varies according to the total wine gallonage blended; however, an applicant who intends to operate only a bonded warehouse should pay the minimum fee. ABC -616 -NR (rev. 01-11) 3 280 LJCENSE TYPE DESCRIPTION 23 SMALL BEER MANUFACTURER - (Less than 60,000 barrels per year) The privileges and limitations for this type of license are the same as for other beer manufacturers . The only difference is the license fees. (See also Type 1 - Beer Manufacturer.) This license formerly related only to Steam beer. "Steam" beer is made by fermentation at cellar temperature rather than near freezing as is the case with other beers. It is made using only one type of malt --malted barley. It contains no corn, rice or other cereal grains as regular beers normally do. The method of carbonation is entirely natural and involves a process known as Krausening. This process requires taking beer which has been completely fermented and adding to it beer which is still fermenting. This causes a second fermentation to occur. The Krausening process in beer corresponds closely to the "bulk process" in making some types of sparkling wines. The most common users of this license are operators of micro -breweries and brewpubs. These designations are not to be construed as legal definitions. Their use below is only for descriptive purposes. "Micro -brewery": A small-scale brewery operation that generally produces approximately 15,000 barrels a year. Its beer products are primarily intended for local and/or regional consumption. Typically, these operations are solely dedicated to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. "Brewpub": Typically, a very small brewery with a restaurant where the beer it produces is sold in draft form exclusively at its own premises. This operation often sells other supplier's bottled beer, including other hand-crafted or micro -brewed beers as well as wine to patrons for consumption on its premises. See "Special Note" below. Special Note: A brewpub-restaurant (Type 75) license, authorized under Section 23396.3, has a limited brewing privilege and may sometimes be referred to as "brewpub." However, the Type 75 is an on -sale retail license with significant differences/limitations in license privileges from those of a true "beer manufacturer" (either Type 01 or Type 23). 24 DISTILLED SPIRITS RECTIFIER'S GENERAL - A distilled spirits rectifier's general license is similar to a rectifier's license except that a distilled spirits rectifier's general licensee may not rectify wine or sell distilled spirits to retailers. A distilled spirits rectifier's general license authorizes the person to whom issued to cut, blend, rectify, mix, flavor, and color distilled spirits, and whether so cut, blended, mixed, flavored, or colored by him or any other person, to package, label, export, and sell the distilled spirits to distilled spirits manufacturers, distilled spirits manufacturer's agents, distilled spirits wholesalers, distilled spirits general importers, rectifiers, and distilled spirits general rectifiers (Section 23368.1). 27 CALIFORNIA WINEGROWER'S AGENT - A California winegrower's agent acts as the sole representative for a California winegrower or brandy manufacturer (Section 23373.2). This license authorizes the holder to possess wine and brandy produced in this State in public and private warehouses; to sell only to wholesalers for his/her own account or to solicit and make sales of wine or brandy made in California only to wholesalers for his/her principal, and to invoice and collect payments for orders solicited by him/her (Section 23373). This license does not authorize the holder to represent an out-of-state winegrower or brandy manufacturer. 29 WINE GRAPE GROWER'S STORAGE - This license was authorized by legislation in 1982 to enable wine grape growers to more effectively deal with unpredictable market conditions that periodically caused an oversupply of grapes. Subsequent legislation in 1985 expanded the number of licensees to whom a wine grape grower could sell wine. A wine grape grower's storage license authorizes the holder to store bulk wine, made from grapes produced by the holder, on the premises of a licensed winegrower and to sell that wine, within this State to winegrowers, distilled spirits manufacturers, brandy manufacturers, wine blenders, and vinegar producers. (Section 23358.3). ABC -616 -NR (rev. 01-11) 4 281 DEFINITIONS Beer - "Beer" means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer but does not include sake, known as Japanese rice wine. (Section 23006 Business and Professions Code) Brandy - "Brandy" means a liquor which is obtained from the distillation of wine or a fermented mash of fruit. (London, R., & London, A. [1953]. In Cocktails and snacks [pp. 11-20], Cleveland, OH: World Pub. Co.) Wine - "Wine" means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar or any such alcoholic beverage to which is added grape brandy, fruit brandy, or spirits of wine, which is distilled from the particular agricultural product or products of which the wine is made and other rectified wine products and by whatever name and which does not contain more than 15 percent added flavoring, coloring, and blending material and which contains not more than 24 percent of alcohol by volume, and includes vermouth and sake, known as Japanese rice wine. ... (Section 23007 Business and Professions Code) Distilled Spirits - (Section 23005) "Distilled spirits" means an alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof. (Section 23005 Business and Professions Code) Importer - "Importer" means: (a) Any consignee of alcoholic beverages brought into the State from without this State, when the alcoholic beverages are for delivery or use within this State. (b) Any person, except a public warehouse licensed under this division, to whom delivery is first made in this State of alcoholic beverages brought into this State from without this State for delivery or use within this State. (c) Any person, licensed as an importer, selling alcoholic beverages to nonlicensees within an area over which the United States Government exercises jurisdiction, when delivery of the alcoholic beverages is made to the nonlicensees by a common carrier transporting the alcoholic beverages from a point outside this State. (d) Any person bringing alcoholic beverages into this State from without this State which are not consigned to any person and which are for delivery or use within this State. A person licensed as a customs broker who is acting as an agent for a licensed importer or for another person whose place of business is without the State shall not be deemed to be the importer of alcoholic beverages consigned in United States internal revenue bond or in United States customs bond to the licensed customs broker. (Section 23017 Business and Professions Code) Wholesale Sale - "Wholesale sale" or "sale at wholesale" means a sale to any licensee for purposes of resale. (Section 23027 Business and Professions Code) ABC -616 -NR (rev. 01-11) 5 282 CITY OF SARATOGA - COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT Application Requirements (July 2008) I. DEVELOPMENT APPLICATION FORM II. FEE(S) - see current fee schedule III. LETTER OF AUTHORIZATION from owner - if agent to act on behalf of owner IV. PRELIMINARY TITLE REPORT - prepared within one month prior to filing the application, describing easements, encumbrances, and building restrictions V. NEIGHBORHOOD NOTIFICATION FORMS - for all adjacent properties VI. SITE PHOTOS - front, rear, left and right sides of building(s), parking areas, etc. VII. USE PERMIT FINDINGS VIII. COVER SHEET IX. VICINITY PLAN X. SITE / CIRCULATION / LANDSCAPING PLAN XI. FLOOR PLAN Details of the above requirements are outlined below USE PERMIT FINDINGS: Complete the following statements. They will be used to determine if the proposed project conforms with Section 15-55.070 of the City Code: 1. The proposed location of the conditional use is in accord with the objectives of the Zoning Ordinance and the purposes of the district in which the site is located because.... 2. The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity because.... 3. The proposed conditional use will comply with each of the applicable provisions of Chapter 15-55 of the Saratoga Municipal Code because.... 4. The proposed conditional use will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof because...... 283 COVER SHEET - Include all of the following information: 1. Applicant's Name 2. Owner's Name 3. Project Address 4. Assessor's Parcel Number 5. Lot Size 6. Zoning District 7. Existing Use 8. Business Description including number of employees/members/students, hours of operation, number of parking spaces. Please also describe any licenses and/or building accommodations required to meet City/County/State regulations. 9. Site/Building Description including size of the building and any other uses sharing space within the building or in another building on the property. 10. Plan Preparation Information a. Plan Preparer's Name, Address and Telephone Number b. Date of drawing and subsequent revisions c. Scale d. Directional Arrow SITE, CIRCULATION, & LANDSCAPING PLAN - an accurate scale drawing (e.g., 1"=10') of the following (existing and proposed): 1. Structures: show all structures on the property (e.g., buildings, parking facilities, etc.) 2. Signs - show the location and size of all existing and proposed signs 3. Parking and Circulation - Dimension and number all on-site parking spaces. Show accessible pathways, driveways, maneuvering areas, and loading facilities 4. Utilities and Trash Enclosures - Show all utilities, lighting, and trash enclosure(s) 5. Landscaping - Show all landscaping and trees. Indicate trees proposed for removal. 6. Fencing - show the location, height and materials of all fences, gates, and pilasters. Indicate any fencing, etc. to be removed or replaced. 7. Property Lines / Setbacks -Show distances between structures and property lines. 8. Adjacent Streets - Show all streets and alleys within 500 feet of the property. 9. Surrounding Land Uses - Show all land uses within 500 feet (e.g., residential, office) FLOOR PLAN - an accurate scale drawing (e.g., 1"=10') of the following: 1. Include a floor plan for each floor/story/level 2. Include the area dimensions and square footage for each of the following. a. General Uses (e.g., office, lobby, bedroom/hotel room, storage, etc.) b. Dining area, as applicable c. Sales floor area, as applicable 3. Tenant improvements, alterations, additions, etc. - Call out improvements required to meet City, County and/or State regulations (e.g., ADA, bathrooms, sprinklers, etc.). 2 Add/tion/ information may be required depending on project scope Please see a Planner for any items that may not apply to your project 284 5 State of California • Department of Alcoholic Beverage Control ALCOHOLIC BEVERAGE LICENSE -APPLICATION PROCESS Includes application lor a new license, premises -to -premises transter, Grange in license privileges or ownership change (for example, transfer to new owner, change in stock ownership or addingldropping a partner p. 3 Local Officials Notified 1 Pre -Application Steps 2 Application Filed at District Office 4 Investigation Conducted 1 111•••••••••• Protests, Denial or Complex Issues? 5 Applicant's Responsibilities r 1111111111111111t■■■■■■ 6 Division office Review 8 Scheduling of Administrative Hearing 9 Administrative Hearing Held 10 Administrative Law Judge Proposed Decision 11 Action by ABC Director 12 Appeal to ABC Appeals Board Protests or Denial? 13 Appeal to ABC Appeals Board 7 Final Review 14 Appeal to District Court of Appeal 15 District Court of Appeal's Decision HOW LONG DOES IT TAKE? The following are the average waiting periods for a license: (includes a 30 -day posting of Public Notice of Application) Non -Protested Application — From date application is filed al District Office to issuance 55-65 days Protested Application (Protests Withdrawn After Negotiations) — From date application is filed at District. Office to issuance 95 days Protested Application — Investigation, hearing preparation and administrative review — Scheduling of Administrative Hearing — Administrative Law Judge Proposed Decision —Action by ABC Director — Appeal to ABC Appeals Board — ABC Appeals Board Decision — Appeal to District Court of Appeal — District Court of Appeal's Decision —Appeal to California State Supreme Courl — Supreme Court Decision 175 days 60 days 30 days 3-10 days 40 days 120 days 30 days No time mandated 30 days No time mandated 28 Legend Anion Decision ASV' Slartistop Direction of ism process Ilow Document informalion Ilow no* 16 Appeal, to California Supreme Court 17 California Supreme Court Decision 1 -PRE -APPLICATION STEPS. A person who wants to apply for an ABC license must start with the nearest ABC District Office. An ABC staff member will ask the applicant questions about the proposed operation and determine the type of license needed. The staff member will then advise the applicant what forms and fees are needed to file the application. Some appli- cants, before filing an application with ABC, must first obtain approval from zoning officials. open an escrow, or go to the office of the County Recorder for a certified copy of a Notice of Intended Transfer 2—APPLICATION FILED AT DISTRICT OFFICE. Generally, all parties must appear at the District Office. This is not generally a -mail-in" process because ABC requires personal information such as personal history affidavits. Fees are paid at this time. The applicant also views a video about ABC laws. A temporary permit may be issued under certain conditions. 3 -NOTIFICATION TO LOCAL OFFICIALS. ABC mails a copy of the application to local officials as required by law. If the premises is in the city, a copy goes to the police department, city council and city planning department. If the premises is in the county, a copy goes to the sheriff's department, board of supervisors and district attorney. If local officials have concerns about the issuance of a license, they may request or impose restrictions on the business operation, or they may file a protest. Common concerns are that the license: (a) Would create a public nuisance, (b) Would cause or add to crime in the area, (c) Would be contrary to a zoning law. or (d) Is in a high -crime area or an area that has too many licenses and would not serve public convenience or necessity. In the case of (d), the City Council or Board of Supervisors has 90 days to determine this and notify ABC. If the City Council or Board of Supervisors does not decide within 90 days, ABC may issue the license if the applicant shows ABC that issuance would serve public con- venience or necessity. 4—INVESTIGATION. ABC conducts a thorough investigation, as required by law, to see if the applicant and the premises qualify for a license. Any person may protest the issuance of a license. The protestant must tile a written protest within 30 days of either: (a) The date the Public :V Lire of Application is first posted at the premises. or (b)The date the applicant mails the Notice n/ Intention to Engage in the Sole of Alcoholic Beverages to persons living within a 500' radius, whichever is later. If a retail license application has been protested and the Department has recommended approval of the license, ABC may issue an interim Operating Permit upon the applicant's written request. Some grounds for protest or denial of a license are: (a) Applicant is not qualified. For example, the applicant falsified his application, hasa disqualifying police record. has a record of chronic insobriety, is not the true owner. or is not at least 21 years of age, and/or (b) Premises is not suitable. For example the premises is too close to a school, church, hospital, playground, nonprofit youth facility or residence and would disturb the facility or resident; the premises is located in a high -crime area and does not serve public convenience or necessity: the applicant does not have legal tenancy; the license would create a public nuisance; zoning is improper for alcohol sales. Licenseconditions are special restrictions placed on a license. Conditions may limit the hours of alcohol sales, the type of entertainment allowed or other aspects of the business. C'onditions may eliminate the need to deny a license or may cause a prntestani to withdraw his protest. 5 -APPLICANT'S RESPONSIBILITIES. 11 is the applicant's responsibility to: (a) Post the Public Notice of Application at the premises for 30 days, and (b) Give information to ABC as needed for the investigation. In some cases. ABC may also require the applicant to: (a) Publish a notice in the newspaper, (b) Mail a notice to all persons living within a 500' radius of the premises, and/or (c) Obtain proof from the local planning department that the zoning permits an ABC license. 6—DIVISION OFFICE REVIEW. The Division Office reviews all applications that are (a) Protested, (b) Recommended for denial by the District Office, or (r) N m/r{ /urine such as multilevel corporations and partnerships. 7 -FINAL REVIEW. Headquarters does a final review. The following may delay issuance of a license:: (a) Missing or incorrect documents, (b) Missing or incorrect fees, (c) Liens placed against escrow by the Board of Equalization, Franchise Tax Board, Employment Development Department, Cities and Counties. local Health Departments, and/or (d)The premises is under construction and not yet ready to ()pet Ate. 8• -SCHEDULING OF HEARING. A hearing is scheduled (a) When u alai protests have been tiled against an application and the applicant and protestant are not able to reach any agreements, and/or (b) If ABC has denied the application, and the applicant requests a hearing. The hearing is scheduled within 60 days. ABC mails .i Satire of Hearing to all parties. 9-ADNUNISTRATIVE HEARING. A public hearing is held before an administrative law judge (ALJ). ABC counsel represents ABC. The applicant and any protestant(s) may be represented by an attorney or other person, or they can represent themselves at the hearing. The ABC investigator will testify as to his or her investigation. The applicant and any protestant(s) may testify and/or present other evidence. The protestant must appear at the hearing or the protest is abandoned. 10—ALJ PROPOSED DECISION. The ALJ has 30 days to prepare a Proposed Decision for consideration by the ABC Director. 11—ACTION BY ABC DIRECTOR.TheABC Director adopts or rejects the All's Proposed Decision. If the ABC Director rejects the Proposed Decision, ABC sends a Notice of Rejection to the applicant and any protestant(s). Each party has 30 days from the date of the notice to submit written argument. 12—APPEAL TO ABC APPEALS BOARD. The applicant or any protestant(s) may appeal the Director's Decision to the ABC Appeals Board within 40 days. The Board is a tluce-member panel appointed by the Governor. 13 -ABC APPEALS BOARD DECISION_ The Board reviews the record of the administrative hearing and accepts written or oral arguments. It may not accept any new evidence that was not offered at the administrative hearing. The Board usually makes.a decision within 120 days. 14—APPEAL TO DISTRICT COURT OF APPEAL. The applicant, any protestant(s) or ABC may appeal to the California District'( ours of Appeal (DCA) within 30 days of the Appeals Board Decision. 15 -DISTRICT COURT OF APPEALS DECISION. The D('A reviews the record and renders a decision.' he Attorney General represents ABC at the hearing. There is no mandated time period for the DCA to render its decision. 16 -APPEAL TO CALIFORNIA SUPREME COURT_ The applicant, any protestant(s) or ABC may appeal to the California Suprrinc Court within 30 days of the DCA decision. The Attorney General represents A I 4 before the Supreme Court. There is no time mandated for the Supreme Court to render its decision. 17 -CALIFORNIA SUPREME COURT DECISION.The California Supreme Court makes o decision to issue or deny the Ireense. STATE OF CALIFORNIA • DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL • (3/99) 286 PUBLIC NOTIFICATIONS CHART License Type Application Type 90 Day Rule apply? (Premises licensed and operated in past 90 days with same type license. i.e."20" &"20-) Section 23958.413&P (Undue Concentration) apply? Undue Concentration exist? Section 23986 El&P (Publication) apply? Section 2,3958.4(b) B&P (PCorN) apply? lf yes, by whom? Rule 61.4 apply? (100' Residents) aPP1Y? Section 23789 B&P (Consideration Points) apply? Section 23985.5 B&P (500' Residents) apply? 20, 21 Original OT Premises to Premises Transfer (includ ing those m same census tract) No, 90 day rule does not apply Yes Yes (High crime and 1—> over -concentration)' 3 times Yes Governing Body Yes Yes > Yes (Unless same type of license is currently surrendered under Rule 65 by the licensee [non- Department surrender]) > 014 Yes (High crime) => No Yes C> (Over-ooncentration)* 3 times I lio No (Not high crime or overconeentration) I No ) r---> No [Unless moratorium applies for type 20, then PCorN leiter is required per 23817.7(a) B&PI 1 Yes, 90 day rule does apply l=> No illt• NIA 1._._s) No [Unless over -concentrated per 23958.4(63) stais, then publish 3 limes] No [Un]ess moratorium .. applies for type 20, thelicense p,„, / PCorN letter is require& per 23817.7(a) Ball No / =', Yes 1 Yes (Unless same type of is currently l—> surrendered under Rule 65 by the licensee [non - Department surrender") 41.47 Original OT Premises to Premises Transfer (inel uding those in sante census tract) OT Exchange No. 90 dav rule does not apply Yes => Ycs (High crime and over -h_,,) concentration)* 3 limes « Yes Applicant Yes Yes 1 Yes (Unless same type of license is currently surrendered under Rule 65 Ithe licensee 'non- > Department surrender') 1=> Yes C5 (High crime) 1 time 1-4> Yes n> ' (Over -concentration) 3 times No (Not high crime or over - concentration) 1 time No Yes. 90 day rule does apply No N/A 1 time [Unless mer-concentraied per 23958.4(a3) stets, then publish 3 timesj c:: No L_.) No Yes Yes (Unless same type of license is currently surrendered under Rule 65 by the licensee [non - Department surrender') 40.47, 48 Original or Premises to Premises Transfer ( ncluding those in same census tract) Exchange No, 90 day nils does not apply Yes Yes (High crime and over- concentration)* I_) 3 times Yes 1 Governing Body Yes 1 Yes Yes (unless same type of license is currently surrendered under Rule 65 by the licensee [non- surrender]) Yes (High crime) 1 time rDepartment Yes (Over -concentration)* 3 times No => (Not high crime or over - concentration) 1 time 1 No Yes, 90 day rule does apply No illi. N/A => 1 time [Unless ower-concenirated per 23958.4(13) siais„ then publish 3 times' No 1 No i—''. Yes /—> Yes (Unless same type of license is currently surrendergcl under Rule 65 by lite licensee [non - 1 antacid sun end *For license upgrades and exchanges: If currerat license will cancel upon issuance of the new license or is heing exchanged, the license count will not increase and the "over -concentration- provision of §23958.4 will not apply. do not check license count. 287 MINUTES SARATOGA CITY COUNCIL RETREAT SARATOGA PROSPECT CENTER JANUARY 26, 2012 Mayor Chuck Page called the meeting to order at 9:15 a.m. ROLL CALL PRESENT ABSENT: ALSO PRESENT: Council Members Manny Cappello, Howard Miller, Emily Lo, Vice Mayor Jill Hunter, Mayor Chuck Page None Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Morrow, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Monica LaBossiere, Human Resource Manager Chris Riordan, Senior Planner REPORT OF CITY CLERK ON POSTING OF THE AGENDA City Clerk Crystal Morrow reported that pursuant to Government Code 54954.2, the agenda for the meeting was property posted on January 19, 2012. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None AGENDA TOPICS 1. ICE BREAKER Monica LaBossiere, Human Resources Manager, led a brief Ice Breaker. 2. COMMUNITY DEVELOPMENT DEPARTMENT WORK PLAN Community Development Director James Lindsay provided reports on: - Community Development Department work plan items proposed by the Planning Commission, including: o Development of a wireless telecommunications ordinance o Update to the City's green building regulations for residential buildings o Review of building height definition 1 288 o Review height limit in the C -V Zoning District along Saratoga -Sunnyvale Road - Conditional Use Permit (CUP) Reimbursement Program and use of a provision in City Code that allows either the Planning Commission or Community Development Director to independently review existing CUPs under certain conditions, which does not require submittal of an application or payment of fees to amend a CUP - Miscellaneous code updates proposed by staff to be included in the Community Development Work Plan to increase clarity, remove inconsistencies, or address issues related to consistency with State laws or City priorities Planning Commissioners Doug Robertson, Mary -Lynne Bernald, Tina Walia, and Pragati Grover answered Council questions and provided additional detail on the Commission's proposed additions to the Community Development Department Work Plan. COUNCIL DISCUSSION Councilmember Manny Cappello: - Wireless ordinances or findings should not be prohibitive or too broad; developing wireless findings to guide decisions on wireless facilities would be helpful without being too restrictive - Suggested that findings that guide applications for wireless facility installations be limited to design and aesthetic matters Councilmember Howard Miller: - Any City regulations that impact installation of wireless facilities, including a wireless ordinance, should not prevent quality wireless coverage in the City - Developing a process to evaluate applications for wireless facility installations may be a better approach than adopting restrictions to regulate installation of wireless facilities - Expressed concerns about how changes to the City green building requirements might negatively impact residential development - Items already on the Community Development Department Work Plan should be a higher priority than those added at the Council Retreat - Indicated support for continuation of the CUP Reimbursement Program Council Member Emily Lo: - Expressed concerns about the political sensitivity associated with development of a wireless ordinance - Current height limits in the C -V District are acceptable Vice Mayor Jill Hunter: - Disagreed with the statement in the staff report that indicated that the 20 foot height limit impacts commercial development - Allowing outdoor music outside a business may disrupt neighbors - Indicated current City of Saratoga green building requirements for residential buildings are easy to meet - Current height limits in the C -V District are acceptable 2 289 - Opposed including an amendment to the CUP process to distinguish between businesses that sell alcohol for off-site consumption and businesses that sell alcohol to be consumed on-site as part of the Community Development Work Plan - Opposed amending the Code to allow outdoor music outside a business in the C -H District as part of the Community Development Work Plan Did not support continuation of the CUP Reimbursement Program Mayor Chuck Page: - If changes to outdoor music proposed by staff in the miscellaneous code updates are made, they should not be limited to acoustic music - The CUP process should distinguish between businesses that sell alcohol and businesses that sell alcoholic drinks to be consumed on site, such as wine tasting - Any regulations related to wireless facilities should not restrict unanticipated advances in technology - Changes to City green building regulations should not negatively impact residential development - It is unnecessary to make modifications to the C -V District height limits at this time COUNCIL DIRECTION Council added the following items to the Community Development Work Plan for 2012: 1. Miscellaneous Code Updates recommended by staff 2. Wireless ordinance (limited to findings) 3. Update City's green building regulations for residential buildings to be consistent with the State's Green Building Code 4. Building height definition (education only) 5. Amend the CUP process to distinguish between businesses that sell alcohol for off-site consumption and businesses that sell alcohol to be consumed on-site 6. Amend Code to allow music outside a business in the C -H District Council supported continuation of the provision in City Code that allows either the Planning Commission or Community Development Director to independently review existing CUPs under certain conditions, which does not require submittal of an application or payment of fees to amend a CUP. Staff was directed to return with funding options for the CUP Reimbursement Program in the proposed Fiscal Year 2012/13 budget. Council returned to this item at 3:09 p.m. to discuss the Community Grant Program. Community Development Director James Lindsay reported that starting in Fiscal Year 2012/13, Santa Clara County will administer and determine the allocation of CDBG public service funds. Consequently, the City will no longer receive an allocation of CDBG public service funds or determine allocation of these funds. In 2008, Council adopted a policy that matched funding for the City's Community Grant Program to the amount of CDBG public service funds received by 3 290 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Options for General Fund Expenditures Previously Allocated for Waste and Street Sweeping Services RECOMMENDED ACTION: Accept report and provide direction to staff regarding options for General Fund expenditures previously allocated for West Valley Solid Waste JPA dues, Household Hazardous Waste augmentation, and Street Sweeping services. REPORT SUMMARY: On May 3rd the West Valley Solid Waste Management Authority voted to ratify the contractual agreement for waste collection and recycling, which included increases for West Valley Solid Waste JPA dues, Household Hazardous Waste fees, and a portion of the City's annual street sweeping costs. The revenues generated for these services can only be used for their intended purpose. Service Solid Waste JPA Dues HHW Fees Street Sweeping New Revenue Current General Fund Costs $33,954 $33,954 $50,000 $50,000 $80,000 $80,000 ($75,000 Residential/Arterial Sweeping + $5000 Unscheduled Sweeping) $163,954 $163,954 291 Options for Allocation of General Funds Previously Budgeted for Waste and Street Sweeping Services 1. Double the frequency of street sweeping services for residential and arterial streets. Cost: $75,000 x 2 = $150,000 Street sweeping $5,000 Unscheduled street sweeping $155,000 $7,750 5% discount from sweeping contractor $147,250 Cost for twice monthly street sweeping services $80,000 Current contract costs for once monthly services $67,250 Additional cost for twice monthly sweeping services Distribution: $163,954 Current expenditures in General Fund available for allocation $67,250 Allocation needed to double Street Sweeping Services $96,704 Amount that can be allocated back to the General Fund or other 2. City Council can choose a different frequency connected to street sweeping services such as doubling services only on residential streets or only on arterial streets. 3. City Council can choose to allocate the $163,954 in General Fund savings to other projects or funds. FISCAL IMPACTS: Dependent on City Council direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The frequency of street sweeping services would remain at once monthly and $163,954 will return to the unallocated General Fund balance. ALTERNATIVE ACTION: None in addition to the above listed Options. FOLLOW UP ACTION: The new budget document will be revised according to City Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 292 None. 293 SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 DEPARTMENT: Public Works PREPARED BY: John Cherbone AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone SUBJECT: Request from Saratoga Little League to Extend Park Hours at Congress Springs Park for "Movie Night" RECOMMENDED ACTION: Adopt resolution approving request from Saratoga Little League to extend park hours at Congress Springs Park until 10:30 PM on June 15, 2012 in order to commemorate the end of the season. REPORT SUMMARY: The Mayor received a request from Saratoga Little League to extend park hours at Congress Springs Park the night of Friday, June 15th. The League would like to commemorate the end of the season by hosting a "Movie Night" and extend park hours until 10:30 PM with the last half hour used to for cleanup (See Attached Letter from Saratoga Little League President). Per City Ordinance 11-05.020, Saratoga Parks close thirty minutes after sunset and in order to extend those hours a Resolution approving the extension must be passed by City Council. Currently, Saratoga Little League has an approved user agreement with the City with appropriate levels of insurance therefore no approvals beyond the adoption of the attached Resolution is needed for the request. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Resolution would not be adopted and Saratoga Little League could not host the one time event. ALTERNATIVE ACTION: None. 294 FOLLOW UP ACTION: If approved, Saratoga Little League will receive an executed copy of the Resolution allowing them to hold their one time event. ADVERTISING, NOTICING AND PUBLIC CONTACT: The City will require the League to notify adjacent residences of the upcoming event. Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Letter from Saratoga Little League 2. Resolution. 295 Mayor Chuck Page Vice Mayor Jill Hunter, Councilmembers: Emily Lo, Howard Miller, Manny Cappello City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Page, Vice Mayor Hunter, and Citycouncil members, May 31, 2012 Saratoga Little League is concluding its baseball season in a couple of weeks. To commemorate the end of the season and in appreciation of the excellent support from our baseball community, we would like to host a Movie Night at Congress Springs Park on Friday, June 15, 2012. We will be screening the baseball classic "Sandlot" and will be renting a movie screen, projector, and other accessories for that purpose. We expect the movie to start at sundown (around 8:30PM) and end around 10PM. Movie will be shown on the baseball field and families will spread out blankets, comforters, and lawn chairs on the infield and outfield areas to watch the movie. Families may choose to eat a meal or snacks while watching the movie. We will make an announcement at the beginning for families to keep the noise level down and have them leave as soon as the movie is finished. In addition, we will encourage them to clear up any trash that might have built up near their sitting areas. The City ordinance calls for the Park to be closed at sundown which would prevent us from having a movie night. On behalf of Saratoga Little League, I would like to request the City Council to pass a resolution allowing for Congress Springs Park to remain open after sundown on June 15`" from 7-10PM as a special one-time event to enable us to host the movie. Should you have any questions or need any further information, please feel free to reach me via email (dinesh.bettadapur@gmail.com) or on my cell phone (408-839-8550). appreciate your consideration of our request and look forward to hearing from you. Sincerely, Dinesh Bettadapur President Saratoga Little League 296 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA EXTENDING THE HOURS OF CONGRESS SPRINGS PARK TO 10:30 P.M. ON FRIDAY, JUNE 15, 2012 FOR SARATOGA LITTLE LEAGUE "MOVIE NIGHT" WHEREAS, Saratoga Little League proposes to show a movie in Congress Springs Park on Friday, June 15, 2012, with cleanup complete by 10:30 p.m.; and WHEREAS, per City Code (11-05.020), Saratoga parks close thirty minutes after sunset; and WHEREAS, City Code (11-05.020) allows park hours to be temporarily adjusted by resolution of the City Council; and WHEREAS, the League is requesting that the hours of Congress Springs Park be temporarily extended to 10:30 p.m. on June 15th, 2012 for Movie Night; NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes an extension of Congress Spring Park hours to 10:30 p.m. on June 15th, 2012 for Movie Night. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 297 Chuck Page, Mayor MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL June 6, 2012 City Manager's Office Mainini Cabute Administrative Analyst II AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Parks and Recreation Movie Night, September 8, 2012 RECOMMENDED ACTION: Accept report and provide direction on the Park and Recreation Commission's recommendation that the Council pass a resolution allowing Wildwood Park to remain open until 10:00 p.m. on September 8, 2012 for Wildwood Cinema Movie night and authorize the Commission to seek funds from the Saratoga -Monte Sereno Community Foundation to pay for half of the total cost of the event. BACKGROUND: On May 8, 2012, the Parks and Recreation Commission held its regular Commission meeting and moved to continue the annual tradition of hosting an outdoor movie event at Wildwood Park. In September 2011, Wildwood Cinema Movie Night attracted approximately 100 people. This year, the Commission hopes to draw 150-200 people by showing a family movie. To hold the event in Wildwood Park on September 8, 2012, Council will need to pass the attached resolution extending the park's hours until 10:00 p.m. on the night of event. Per City Code (11-05.020), Saratoga parks close half an hour after sunset and park hours can be temporarily adjusted by a resolution of the City Council. Additionally, the Commission is requesting authorization from the Council to seek funds from the Saratoga -Monte Sereno Community Foundation to pay for half of the total costs associated with Wildwood Cinema Movie Night. In past years, the event has totaled approximately $1800. The Commission believes that the Community Foundation may be able to donate some funds as it has in past years. The Commission will request the remainder of the funds from the City's Community Events grant after it receives a commitment from the Community Foundation. FISCAL IMPACTS: There is no fiscal impact with the acceptance of this report. Page 1 of 2 298 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: If the resolution extending Wildwood Park hours until 10:00 p.m. on September 8, 2012 is not passed, Wildwood Cinema Movie Night will not take place. The event will cost the City approximately $1800 if the Council does not give the Commission approval to seek funds from the Saratoga- Monte Sereno Community Foundation. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution extending park hours for Wildwood Cinema Movie Night Page 2 of 2 299 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA EXTENDING THE HOURS OF WILDWOOD PARK ON SEPTEMBER 8, 2012 FOR MOVIE NIGHT EVENT WHEREAS, the Parks and Recreation Commission ("Commission") proposes to show a movie in Wildwood Park on September 8, 2012 from 7:30 p.m. to 9:30 p.m. with cleanup complete by 10:00 p.m.; and WHEREAS, the Commission has titled this event "Wildwood Cinema Movie Night"; and WHEREAS, per City Code (11-05.020), Saratoga parks close thirty minutes after sunset; and WHEREAS, City Code (11-05.020) allows park hours to be temporarily adjusted by resolution of the City Council; and WHEREAS, the Commission is requesting that the hours of a Wildwood Park be temporarily extended to 10:00 p.m. on Saturday, September 8, 2012 for Wildwood Cinema Movie Night; NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes an extension of Wildwood Park hours to 10:00 p.m. on Saturday, September 8, 2012 for Wildwood Cinema Movie Night. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 6th day of June 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Crystal Morrow, City Clerk 300 Chuck Page, Mayor SARATOGA CITY COUNCIL MEETING DATE: June 6, 2012 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Mainini Cabute DIRECTOR: Dave Anderson Administrative Analyst II SUBJECT: Silicon Valley Climate Action and Energy Efficiency Planning RECOMMENDED ACTION: Accept report and direct staff to participate with the County of Santa Clara and five other Santa Clara County cities in the Silicon Valley Climate Action and Energy Efficiency Planning. BACKGROUND: In early 2012, the County of Santa Clara and Joint Venture Silicon Valley approached the City of Saratoga, and other cities, to participate in the Silicon Valley Climate Action and Energy Efficiency Planning. The project will address the energy used by local government operations and community -wide activities, and participating agencies will be asked to create or update their GHG Emissions inventory. The result of the project will be a county -wide Energy Efficiency Climate Action Plan (EECAP) and also an individual Climate Action Plan for each participating jurisdiction. Below are the region -wide goals of the project. Project Goals 1) Set goals and objectives for near -mid -and long-term efficiency, develop an implementation strategy, and provide a system of monitoring and measuring progress. 2) Create baseline county -wide community-based GHG emissions inventory. 3) Develop a menu of strategies and measures for sector -based energy efficiency programs, projects, and policies. 4) Establish greater uniformity and progress among local governments of CAPS. 5) Summarize the region's overarching climate planning effort to identify areas for coordination. The EECAPS project will be funded by a PG&E grant in the amount of $281,000. The funds will be used to retain a consultant to perform most of the work. According to the specific conditions of the project, each participating jurisdiction will have an opportunity to work with a De Anza intern to help gather data and update the existing inventory. Below are the actions that each participating jurisdiction must take to help meet the goals of the project. The County believes that staff time may involve four to eight hours each week to meet the goals of the project. Page 1 of 2 301 Participating City Actions 1) Update Green House Gas Emissions inventory, both City and residential usage. The City of Saratoga created an inventory on City usage in 2009. Saratoga would have to perform a quick update for City usage. Collecting data on residential use may be a challenge. 2) Provide information to help the County create an individual Plan for Saratoga, which is due on October 22, 2012. 3) Provide a monthly activities report. 4) Help coordinate Community and Stakeholder Engagement Workshops to implement four outreach efforts across seven jurisdictions. The project allows seven (7) participating jurisdictions to participate in the project. The participating jurisdictions include the County of Santa Clara, and the cities of Cupertino, Gilroy, Morgan Hill, Mountain View, and San Jose. The majority of the work and deliverables should be completed by project must be complete by December 31, 2012, with follow-up reporting due by March 13, 2013. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: 1) The City may not have another opportunity to work with the County of Santa Clara in developing a Climate Action Plan for the City. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: N/A Page 2 of 2 302