HomeMy WebLinkAbout06-20-2018 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 6
SARATOGA CITY COUNCIL
REGULAR MEETING
JUNE 20, 2018
5:00 P.M. CLOSED SESSION
Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957)
Title: City Attorney
6:00 P.M. JOINT MEETING
Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with Hakone Foundation
Discussion Topics
7:00 P.M. REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on June 13, 2018
REPORT FROM CLOSED SESSION
REPORT FROM JOINT MEETING
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
Saratoga City Council Agenda – Page 2 of 6
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Special City Council Retreat Meeting on February
16, 2018 and the Regular City Council Meeting on June 6, 2018.
Staff Report
Attachment A - Minutes for the Special City Council Retreat on February 16, 2018
Attachment B – Minutes for the Regular City Council Meeting on June 6, 2018
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
06/05/2018 Period 12; and 06/12/2018 Period 12.
Staff Report
Check Register - 06-05-2018 Period 12
Check Register - 06-12-2018 Period 12
1.3. Resolution Calling for General Municipal Election – November 6, 2018
Recommended Action:
Approve the attached resolution calling for a consolidated, General Municipal Election on
November 6, 2018.
Staff Report
Attachment A - Resolution Calling for the General Municipal Election
Attachment B - 2018 Election Calendar
1.4. Resolution Authorizing Final Disposition of Certain City Records
Recommended Action:
Adopt resolution authorizing final disposition of certain city records.
Staff Report
Attachment 1 - Resolution Authorizing the Final Disposition of Certain City Records
Attachment 2 - Exhibit A: List of Records Proposed for Final Disposition
1.5. Resolution to Establish Property Tax Levy for Debt Service Payments on the Library
General Obligation Bonds
Recommended Action:
Adopt the attached resolution that sets the property tax levy rate to provide for the Library
General Obligation Bond's debt service payment at $.0046 per $100 of Assessed Valuation.
Staff Report
Attachment A - General Obligation Bond Debt Service Schedule
Saratoga City Council Agenda – Page 3 of 6
Attachment B - Resolution authorizing the Tax Rate Levy for the General Obligation Bonds
and to report the levy rate to the Santa Clara County Tax Collector
1.6. Microsoft Office 365 with Exchange Online Software Licensing Contract
Recommended Action:
Authorize the City Manager to enter into a three-year Microsoft Enterprise Licensing
Agreement through SoftwareONE for Office 365 with Exchange Online in an amount not to
exceed $20,000 per fiscal year.
Staff Report
Attachment A - Microsoft Enterprise Enrollment Contract
Attachment B - SoftwareONE quote
1.7. Application to Establish an Agricultural Preserve at 22100 Mt. Eden Road and to
Enter into a Williamson Act Contract (Application No. WIL18-0001)
Recommended Action:
Approve resolution establishing an Agricultural Preserve at 22100 Mt. Eden Road and
authorizing the City Manager to enter into a Williamson Act land conservation contract.
Staff Report
Attachment 1 - Resolution
Attachment 2 - Land Conservation Contract
2. PUBLIC HEARING
2.1. Weed and Brush Abatement Program Public Nuisance Declaration and Abatement
Order
Recommended Action:
Conduct public hearing, receive public testimony, and consider requests to remove
properties from the nuisance declaration and abatement order. Adopt the attached resolution
declaring properties listed in the attached resolution to be a public nuisance; ordering
abatement of properties to correct the public nuisance; and, authorizing the Santa Clara
County Weed Abatement program to remove hazardous vegetation from these properties.
Staff Report
Attachment A – Resolution Declaring a Public Nuisance and Ordering Abatement
Attachment B – Annual Weed Abatement Program Notice
Attachment C – Weed Abatement Program Non-Compliance Notice
Attachment D – Annual Brush Abatement Program Notice
Attachment E – Brush Abatement Program Non-Compliance Notice
Attachment F – Brush Abatement Program Supplemental Letter from the City
2.2. Ordinance Establishing Regulations for Storage and Reporting Lost or Stolen Firearms
Recommended Action:
Conduct a public hearing concerning the attached ordinance that would establish regulations
for storage of firearms in Saratoga residences and requirements for reporting lost or stolen
firearms in the City of Saratoga; and, introduce and waive the first reading of the ordinance
and direct staff to place the ordinance on the consent calendar for adoption at the next
regularly scheduled meeting of the City Council.
Saratoga City Council Agenda – Page 4 of 6
Staff Report
Attachment A – Ordinance Establishing Regulations for Storage and Reporting Lost or
Stolen Firearms
Attachment B – Written Communications
3. GENERAL BUSINESS
3.1. Saratoga-to-the-Sea Trail Partnership Agreement with Midpeninsula Regional Open
Space District
Recommended Action:
Approve Partnership Agreement with Midpeninsula Regional Open Space District for the
Saratoga-to-the-Sea Trail project and authorize the City Manager to execute the same.
Staff Report
Attachment A - Partnership Agreement
Attachment B - Saratoga to-the-Sea Site Map
3.2. Report on Flavored Tobacco Regulations
Recommended Action:
Accept report and direct staff accordingly.
Staff Report
Attachment A – Flavored Tobacco Regulations Matrix
Attachment B – Breathe California Report, Flavored Tobacco Reports are Dangerous to
Youth
Attachment C – CDC E-Cigarette Fact Sheet
Attachment D – Campaign for Tobacco-Free Kids Report, JUUL and Youth: Rising E-
Cigarette Popularity
COUNCIL ASSIGNMENTS
Mayor Mary-Lynne Bernald
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-City Selection Committee
Council Finance Committee
Hakone Foundation Board
Public Art Committee
Saratoga Historical Foundation
South Flow Arrivals Ad Hoc Committee
West Valley Clean Water Program Authority
West Valley Mayors and Managers
West Valley Solid Waste Management Joint Powers Authority
Vice Mayor Manny Cappello
Cities Association of Santa Clara County Board of Directors
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Sanitation District
Saratoga City Council Agenda – Page 5 of 6
Council Member Howard Miller
America in Bloom Committee
Council Finance Committee
Saratoga Ministerial Association
Saratoga Sister City Organization
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
Council Member Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Public Art Committee
Santa Clara County Library Joint Powers Authority
Council Member Rishi Kumar
Association of Bay Area Governments
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Santa Clara Valley Water District Commission
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Nora Pimentel, City Clerk for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council was posted and available for review on June 13, 2018 at the City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at
www.saratoga.ca.us.
Signed this 13th day of June 2018 at Saratoga, California.
Nora Pimentel, MMC, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda 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. These
materials are also posted on the City website.
Saratoga City Council Agenda – Page 6 of 6
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]
07/04
Meeting Cancelled
07/18 Meeting Cancelled
08/01 5:00 p.m. Joint Meeting with Youth in Government Participants
6:00 p.m. Joint Meeting with Historical Foundation | 7:00 p.m. Regular Session
08/15 6:00 p.m. Joint Meeting with SASCC | 7:00 p.m. Regular Session
09/05 6:00 p.m. Joint Meeting with Montalvo Arts | 7:00 p.m. Regular Session
09/19 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session
10/03
5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center, Saunders Room | 7:00 p.m.
Regular Session
10/17 6:00 p.m. Joint Meeting with State Senator Jim Beall Jr | 7:00 p.m. Regular Session
11/07
11/21
6:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees | 7:00
p.m. Regular Session
6:00 p.m. Joint Meeting with Assembly Member Evan Low | 7:00 p.m. Regular Session
12/05 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Regular Session
12/13 7:00 p.m. Council Reorganization
12/19 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00 p.m. in the Civic Theater
at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2018
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Hakone Foundation
June 20, 2018 | 6:00 p.m.
Saratoga City Hall | Linda Callon Conference Room
6:00 p.m.Welcome & Introductions
6:15 p.m.Hakone Gardens Updates & Future Priorities
6:45 p.m.Other Remarks & Wrap Up
Dinner will be provided at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint Meeting attendees are invited to attend the Regular Session
and share an overview of the Joint Meeting.
6
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Special City Council Retreat Meeting on February 16,
2018 and the Regular City Council Meeting on June 6, 2018.
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A –Minutes for the Special City Council Retreat on February 16, 2018
Attachment B –Minutes for the Regular City Council Meeting on June 6, 2018
7
Saratoga City Council Minutes– Page 1 of 3
MINUTES
FRIDAY, FEBRUARY 16, 2018
SARATOGA CITY COUNCIL SPECIAL MEETING
CITY COUNCIL RETREAT
CALL TO ORDER
Mayor Mary-Lynne Bernald called the meeting to order at 9:03 a.m. in the Saratoga Foothill
Club at 20399 Park Place in Saratoga, CA.
ROLL CALL
PRESENT:Mayor Mary-Lynne Bernald, Vice Mayor Manny Cappello,
Council Members Howard Miller, Rishi Kumar
ABSENT:Emily Lo
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Deputy City Manager
Debbie Pedro, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation & Facilities Director
Mary Furey, Finance & Administrative Services Director
Captain Rich Urena, Santa Clara County Sheriff’s Office
Nora Pimentel, City Clerk
Monica LaBossiere, Human Resources Manager
Tony McFarlane, Finance Manager
Lauren Pettipiece, Administrative Analyst
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
AGENDA ITEMS
Finance Review: Fiscal Policies, Mid-Year Budget Status, and Five Year Forecast
Finance and Administrative Services Director Mary Furey provided a report on the fiscal
policies, which are adopted as part of the budget. If the City Council would like to request
revisions to existing policies, she requested submittal of those requests to staff by March 1.
Finance and Administrative Services Director Mary Furey then reported on the Mid-Year Budget
Status. She provided information about estimated expenditures and revenues, noting the current
projections for different taxes and fees and operational expenditures. She also provided an
overview on several proposed mid-year budget adjustments.
Finance and Administrative Services Director Mary Furey shared the five-year forecast with the
City Council, explaining some of the assumptions used to prepare the forecast and their impact
on the resulting projections.8
Saratoga City Council Minutes– Page 2 of 3
Finance and Administrative Services Director Mary Furey then discussed the California Public
Employees’ Retirement System (CalPERS) and reported that the discount rate went up.
COUNCIL CONSENSUS:
The City Council agreed to place the proposed Mid Year Budget Adjustments for Fiscal Year
2017/18 on the March 7, 2018 City Council Agenda, including: an amendment to the expenditure
budget appropriations for Internal Service Fund, Facility Replacement Fund; change in scope for
the Electric Vehicle Fast Charge Station project in the current year Capital Improvement Plan
(CIP) budget; additional funding allocation in the amount of $100,000 for the Saratoga Village to
Quarry Park Walkway in the current year CIP budget; and additional funding allocation in the
amount of $160,000 to the Prospect Road Improvements project in the current year CIP budget.
The City Council requested that staff provide an update to the Five Year Forecast with the best
available data from CalPERS. The Finance Committee was also directed to review the current
CalPERS payment policy and pros/cons of early retirement versus late retirement.
Mayor Bernald called for a recess at 10:18 a.m. and reconvened the meeting at 10:29 a.m.
FY 2018/19 Capital Improvement Plan (CIP) Budget Preview
Tony McFarlane, Finance Manager, presented a preview of the Fiscal Year 2018/19 CIP,
including updates on projects in the Fiscal Year 2017/18 CIP.
COUNCIL CONSENSUS:
The City Council requested that staff provide the parks replacement schedule and additional
information about funding of parks maintenance through the Operating and Capital Budget at the
CIP Prioritization Study Session. The City Council also requested an update to the scope and
cost of the nominated Senior Center Exterior Remodel Project to include facade improvements
and noted that the project will be done in coordination with the interior remodel. Staff was asked
to provide the balance of the City Council Discretionary fund and also to provide the total cost of
proposed projects which is to include the amount committed to priority projects and additional
funding requests.
Mayor Bernald called for a break at 11:27 a.m. and reconvened the meeting at 11:37 a.m.
Staffing & Service Levels
City Manager James Lindsay reported that staff is not recommending changes to the Sheriff’s
Office staffing levels or service levels. He then described organizational changes in several
departments and potential employee retention strategies.
COUNCIL CONSENSUS:
The City Council agreed that staff would bring forward the following draft programs to the
Budget Study Session: Down Payment Assistance Program, including a risk assessment of the
program; and Rental Assistance Program for home sharing in Saratoga.
9
Saratoga City Council Minutes– Page 3 of 3
Public Health Initiatives & Santa Clara County Healthy Cities Campaign
Crystal Bothelio, Deputy City Manager, reported on the Healthy Cities Initiatives and provided
an overview of the various strategies, including new strategies recommended to be pursued in
2018.
COUNCIL CONSENSUS:
The City Council directed staff to move forward with the proposed new strategies. As part of the
ordinance prohibiting sale of tobacco products at pharmacies, staff should review the definition
of pharmacy in the City Code. Staff was also asked to recommend that the Santa Clara County
Public Health Department include electric vehicle charging stations and biking during work
hours as Healthy Cities strategies. Additionally, staff was directed to present an informational
report on flavored tobacco sales at a future City Council Meeting. Staff was
Report on 2017 Housing Legislation
Richard Taylor, City Attorney reported on the housing legislation approved by the State in 2017
that would have the biggest effect on Saratoga.
COUNCIL CONSENSUS:
The City Council directed staff to look at the City’s objective standards and bring forward any
City Code updates that may be needed.
Mayor Bernald called for a break at 2:23 p.m. and reconvened the meeting at 2:33 p.m.
Retreat Wrap Up
City Manager James Lindsay reviewed Council Consensus and direction for each agenda item.
The City Council agreed on the consensus without changes.
ADJOURNMENT
Mayor Bernald adjourned the meeting at 3:50 p.m.
Minutes respectfully submitted:
Nora Pimentel, City Clerk
City of Saratoga
10
Saratoga City Council Minutes – Page 1 of 7
MINUTES
WEDNESDAY, JUNE 6, 2018
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:30 p.m., the City Council held a Closed Session in the Linda Callon Conference Room at
13777 Fruitvale Avenue in Saratoga.
At 5:15 p.m. the City Council held a Study Session to consider reinstatement to the Youth
Commission in the Joan Pisani Community Center, Recreation Conference Room. Following
Council discussion and deliberation the Council unanimously agreed to reinstate Kami Cheatham
to the Youth Commission.
At 5:30 p.m. the City Council held a Joint Meeting with Saratoga Neighborhoods &
Neighborhood Watch in the Joan Pisani Community Center, Multipurpose Room.
Mayor Bernald called the regular session to order in the Civic Theater, Council Chambers at 13777
Fruitvale Avenue in Saratoga at 7:00 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT:Mayor Mary-Lynne Bernald, Vice Mayor Manny Cappello
Council Members, Howard Miller, Emily Lo, Rishi Kumar
ABSENT:None
ALSO PRESENT:Richard Taylor, City Attorney
Crystal Bothelio, Deputy City Manager
Nora Pimentel, City Clerk
Debbie Pedro, Community Development Director
Mary Furey, Finance and Administrative Services Director
Michael Taylor, Recreation and Facilities Director
John Cherbone, Public Works Director
Lauren Pettipiece, Administrative Analyst
REPORT ON POSTING OF THE AGENDA
City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on May
31, 2018.
REPORT FROM CLOSED SESSION
Mayor Bernald reported that a Closed Session was held earlier and it was voted unanimously to
authorize legal counsel to defend the City on the matter of Curri vs the City of Saratoga.
REPORT FROM JOINT MEETING
Mayor Bernald provided an overview of the Joint Meeting with the Saratoga Neighborhoods and
Neighborhood Watch.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None 11
Saratoga City Council Minutes – Page 2 of 7
ANNOUNCEMENTS
Mayor Bernald announced the following: Saratoga Movie Nights; Blossom Festival on June 23,
2018; Saratoga Historical Foundation event, Honoring Sartogans on June 24, 2018; and, Living
Room Conversations on June 26, 2018.
CEREMONIAL ITEMS
Commendation for Saratoga High School M-SET Fish 649 Robotics Team
Recommended Action:
Present the Commendation to the Saratoga High School M-SET Fish 649 Robotics Team.
Mayor Bernald and the City Council presented commendations to the Saratoga High School
M-SET Fish 649 Robotics Team.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council Minutes for the Regular City Council Meeting on May 16, 2018.
MILLER/CAPPELLO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE REGULAR CITY COUNCIL MEETING ON MAY 16, 2018. MOTION PASSED.
AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
05/15/2018 Period 11; 05/22/2018 Period 11; and 05/29/2018 Period
11.
MILLER/CAPPELLO MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 05/15/2018 PERIOD
11; AND 05/22/2018 PERIOD 11; AND 05/29/2018 PERIOD 11. MOTION PASSED.
AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended April 30, 2018
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2018.
MILLER/CAPPELLO MOVED TO REVIEW AND ACCEPT THE TREASURER’S
REPORT FOR THE MONTH ENDED APRIL 30, 2018. MOTION PASSED. AYES:
BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
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Saratoga City Council Minutes – Page 3 of 7
1.4. Fiscal Year 2018/19 Operating & Capital Budget Adoption
Recommended Action:
Adopt resolution approving the Proposed FY 2018/19 Operating and Capital Budgets,
directing staff to incorporate within the final adopted budget any modifications related to
late-breaking changes, minor corrections, carryforward appropriations, refined estimates,
grant approvals, claim reimbursements, pass-through appropriations, or additional direction
from Council upon adoption of the budget.
RESOLUTION NO. 18-028
MILLER/CAPPELLO MOVED TO ADOPT A RESOLUTION APPROVING THE
PROPOSED FY 2018/19 OPERATING AND CAPITAL BUDGETS, DIRECTING
STAFF TO INCORPORATE WITHIN THE FINAL ADOPTED BUDGET ANY
MODIFICATIONS RELATED TO LATE-BREAKING CHANGES, MINOR
CORRECTIONS, CARRYFORWARD APPROPRIATIONS, REFINED
ESTIMATES, GRANT APPROVALS, CLAIM REIMBURSEMENTS, PASS-
THROUGH APPROPRIATIONS, OR ADDITIONAL DIRECTION FROM
COUNCIL UPON ADOPTION OF THE BUDGET. MOTION PASSED. AYES:
BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
Mayor Bernald commented on this item.
1.5. Fiscal Year 2018/19 Gann Appropriation Limit
Recommended Action:
Review report and adopt resolution approving the Gann Appropriation Limit for FY
2018/19
RESOLUTION NO. 18-029
MILLER/CAPPELLO MOVED TO ADOPT RESOLUTION APPROVING THE
GANN APPROPRIATION LIMIT FOR FY 2018/19. MOTION PASSED. AYES:
BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.6. Annual Approval of the City’s Investment Policy - for Fiscal Year 2018/19
Recommended Action:
Review and approve the Investment Policy for Fiscal Year 2018/19.
MILLER/CAPPELLO MOVED TO APPROVE THE INVESTMENT POLICY FOR
FISCAL YEAR 2018/19. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
Council Member Miller commented on this item.
1.7. Authorize Disposal of City Vehicles
Recommended Action:
Move to authorize the disposal of the following vehicles:
1.2006 Chevy Colorado Extended cab # 108 (Parks Division)13
Saratoga City Council Minutes – Page 4 of 7
2.2006 Chevy Colorado Extended cab #109 (Community Development)
3.2007 Chevy Silverado Extended cab #107 (Street Division)
4.2007 Chevy Silverado Long Bed/Fuel Tank #116 (Parks Division)
MILLER/CAPPELLO MOVED TO AUTHORIZE THE DISPOSAL OF THE
FOLLOWING VEHICLES: 1. 2006 CHEVY COLORADO EXTENDED CAB # 108
(PARKS DIVISION); 2. 2006 CHEVY COLORADO EXTENDED CAB #109
(COMMUNITY DEVELOPMENT); 3. 2007 CHEVY SILVERADO EXTENDED
CAB #107 (STREET DIVISION); 4. 2007 CHEVY SILVERADO LONG BED/FUEL
TANK #116 (PARKS DIVISION). MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. Final Acceptance of Subdivision Dedication – Subdivision Application No. SUB11-
0003 14651 Big Basin Way
Recommended Action:
Move to adopt a resolution accepting the dedication of a pedestrian trail easement and a
public service easement within Subdivision SUB11-0003.
RESOLUTION NO. 18-030
MILLER/CAPPELLO MOVED TO ADOPT A RESOLUTION ACCEPTING THE
DEDICATION OF A PEDESTRIAN TRAIL EASEMENT AND A PUBLIC
SERVICE EASEMENT WITHIN SUBDIVISION SUB11-0003. MOTION PASSED.
AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.9. Amendments to the Accessory Dwelling Units (ADU) Ordinance Pursuant to 2017
State Legislation
Recommended Action:
Waive the second reading and adopt the attached ordinance amending Chapter 15 (Zoning
Regulations) of the Saratoga Municipal Code related to accessory dwelling units.
ORDINANCE NO. 355
MILLER/CAPPELLO MOVED TO ADOPT AN ORDINANCE AMENDING
CHAPTER 15 (ZONING REGULATIONS) OF THE SARATOGA MUNICIPAL
CODE RELATED TO ACCESSORY DWELLING UNITS. MOTION PASSED.
AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.10. Building Inspection Services Contract with 4Leaf, Inc.
Recommended Action:
1.Authorize the City Manager to amend the contract with 4Leaf, Inc. for as-needed
professional building inspection services to increase the amount from $24,999.00 to
$50,000.00 for FY 2017-2018; and
2. Authorize the City Manager to execute a contract with 4Leaf, Inc. for as-needed
professional building inspection services in the amount of $40,000.00 for FY 2018
2019.
14
Saratoga City Council Minutes – Page 5 of 7
MILLER/CAPPELLO MOVED TO 1. AUTHORIZE THE CITY MANAGER TO
AMEND THE CONTRACT WITH 4LEAF, INC. FOR AS-NEEDED
PROFESSIONAL BUILDING INSPECTION SERVICES TO INCREASE THE
AMOUNT FROM $24,999.00 TO $50,000.00 FOR FY 2017-2018; AND
2. AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH
4LEAF, INC. FOR AS-NEEDED PROFESSIONAL BUILDING INSPECTION
SERVICES IN THE AMOUNT OF $40,000.00 FOR FY 2018-2019. MOTION
PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
2.1. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 18-19
Recommended Action:
Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and
Assessments for FY 18-19.
John Cherbone, Public Works Director, presented the staff report.
Mayor Bernald opened the public hearing.
There were no speakers who requested to speak.
Mayor Bernald closed the public hearing.
RESOLUTION NO. 18-031
LO/KUMAR MOVED TO ADOPT A RESOLUTION ORDERING THE
IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND
ASSESSMENTS FOR FY 18-19. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.GENERAL BUSINESS
3.1. Community Event Grant Program Application
Recommended Action:
Review Community Event Grant Program application for Fiscal Year 2018/19 and provide
direction.
Lauren Pettipiece, Administrative Analyst, presented the staff report.
Anouk Yeh, President of RMS Leo Club, answered questions and provided additional
information.
Mayor Bernald invited public comment on the item.
No one requested to speak.
15
Saratoga City Council Minutes – Page 6 of 7
CAPPELLO/MILLER MOVED TO ALLOCATE $500 FROM THE CITY COUNCIL
DISCRETIONARY FUND FOR THE CELEBRATING DIFFERENCES EVENT IN
FISCAL YEAR 2018/19. MOTION PASSED. AYES: BERNALD, CAPPELLO,
MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.2. Light Pole Banner Use Agreement
Recommended Action:
Approve resolution authorizing the Public Works Director to execute light pole banner use
agreements with other public agencies and rescinding the existing light pole banner policy.
Crystal Bothelio, Deputy City Manager, presented the staff report.
Mayor Bernald invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 18-032
CAPPELLO/MILLER MOVED TO APPROVE RESOLUTION AUTHORIZING THE
PUBLIC WORKS DIRECTOR TO EXECUTE LIGHT POLE BANNER USE
AGREEMENTS WITH OTHER PUBLIC AGENCIES AND RESCINDING THE
EXISTING LIGHT POLE BANNER POLICY. MOTION PASSED. AYES: BERNALD,
CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE
COUNCIL ASSIGNMENTS
Mayor Mary-Lynne Bernald
Hakone Foundation Board will hold the general membership meeting on June 13, 2018.
South Flow Arrivals Ad Hoc Committee has finished its 120 days and defined that there is a
necessity to continue a roundtable in the South Bay.
West Valley Mayors and Managers met a few weeks ago and there was discussion about firearm
safety and Regional Housing Needs Assessment sub region update. At the next meeting, there
will be discussion on Age Friendly and Healthy Cities.
Vice Mayor Manny Cappello
Cities Association of Santa Clara County Board of Directors Executive Board will meet on June
7, 2018 and the regular Board of Directors meeting will on June 14, 2018.
Saratoga Area Senior Coordinating Council (SASCC)met and there was discussion about the
remodel and the RYDE program, which continues to grow. Additionally, the County has
approved to continue funding for RYDE for next year.
Council Member Howard Miller
Council Finance Committee met on June 6, 2018 and Council Member Miller reported that the
audit is well under way with no issues, thus far. Other items of discussion were the budget, the
Gann Limit, and investment policy which were approved at the meeting tonight.
Saratoga Ministerial Association met and discussed the firearms storage proposal and Safe Park
Program.
Saratoga Sister City Organization met on June 5, 2018 and the Sister City visit to Japan is
coming up. 16
Saratoga City Council Minutes – Page 7 of 7
Silicon Valley Clean Energy Authority Board of Directors met on May 9, 2018 and Council
Member Miller highlighted that the City of Milpitas has officially joined the Board and has
begun to receive power at the rate of 6% less than PG&E for electricity and 100 % greenhouse
gas free. There are also a plethora of regulatory concerns in both State legislature and CPUC.
Valley Transportation Authority (VTA) Policy Advisory Committee will meet on June 7, 2018
and Council Member Miller announced that he will not be attending.
Council Member Emily Lo
Hakone Foundation Board & Executive Committee will meet next week.
KSAR Community Access TV Board met last week and Council Member Lo reported that a new
member has joined the Board.
Santa Clara County Library Joint Powers Authority will meet on June 7, 2018
Council Member Rishi Kumar
Association of Bay Area Governments General Assembly met on May 31, 2018 and there was
discussion and vote on the budget and bylaws update, which were both approved.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
Mayor Bernald acknowledged the Parks and Recreation staff for their hard work on the Luau
Dance for Individuals with Disabilities, which was a success.
CITY MANAGER'S REPORT
Crystal Bothelio, Deputy City Manager reported that City Manager James Lindsay is at the
ICMA Senior Executive Institute.
ADJOURNMENT
CAPPELLO/MILLER MOVED TO ADJOURN THE MEETING AT 8:06 P.M. MOTION
PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Nora Pimentel, MMC
City Clerk
City of Saratoga
17
Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
6/5/2018 Period 12
6/12/2018 Period 12
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
6/5/18 136068 136109 42 594,090.41 06/05/18 05/29/18 136067
6/12/18 136110 136178 69 189,641.43 06/12/18 06/05/18 136109
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
06/05/18 136069 CDD 86,179.77
06/05/18 136089 Facilities 41,937.86
06/05/18 136105 PW 370,445.12
06/12/18 136110 CDD 24,327.47
06/12/18 136121 PW 33,709.00
06/12/18 136174 Various 30,938.81
Accounts Payable checks voided during this time period:
AP Date Check #Amount
04/10/18 135739 18,179.12
10/24/17 134586 143.96
12/19/17 134905 Re-issue check 3,964.80
12/19/17 134929 Re-issue check 3,158.40
12/19/17 134994 268.80
12/19/17 135002 Re-issue check 2,889.60
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Starting Check #Type of Checks Date
Accounts Payable
Accounts Payable
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:Finance & Administrative Services
Fund Purpose
Prospect Rd Improve
PREPARED BY:
Ending
Check #
Dung Pham
Check too old to cashBang Pham
Never received check
Check too old to cash
Associates Properties
Issued to
U.S. Security Supply, Inc.
Thanh Nguyen
Reason
Prior Check Register
Checks
ReleasedTotal Checks Amount
Springer Ave AC Rpr
General Bldg Inspect Srvcs
Duran & Venables, Inc.
General
Building FFE Rplcmnt JPCC Roof Project
Deposit/Bond Refund
CIP Streets Project
Just Leaks
4Leaf Inc.
Wattis
CIP Streets Project
Paid by credit card
US Bank Purchasing Card
Payee name change
Status
Calcard purchasesVarious
Re-issue check
Re-issue check
Trung Pham Check too old to cash
Tien Nguyen Check too old to cash
18
19
20
21
22
23
24
25
26
27
28
29
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Nora Pimentel, City Clerk
SUBJECT:Resolution Calling for General Municipal Election –November 6, 2018
RECOMMENDED ACTION:
Approve the attached resolution calling for a consolidated, General Municipal Election on
November 6, 2018.
BACKGROUND:
In December 2018, the terms of Mayor Mary-Lynne Bernald, Council Member Rishi Kumar and
Council Member Emily Lo will come to a close.If approved, the attached resolution will call for
a General Municipal Election on November 6, 2018 to elect three members to the Saratoga City
Council, each for a full term of four years.
Additionally, the resolution calls 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 all the cities
in the 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 just under $59,500,
which has been accounted for in the Fiscal Year 2018/19 budget adopted on June 6, 2018.
The attached resolution also establishes the maximum length of the Candidate’s Statement of
Qualifications at 400 words and requires that candidates pay for their pro rata share of the cost to
print, produce, and mail the statement. The Candidate’s Statement of Qualifications is optional
and appears in the Sample Ballot and Voter Information Pamphlet. The estimated pro rata share
of the Statement of Qualification is $2,935. Candidates will be billed if the actual cost is higher
or reimbursed if the cost is lower than the estimated amount.
30
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 2018
General Municipal Election runs from July 16, 2018 through August 10, 2018. If an incumbent
fails to file nomination papers before 5:00 p.m. on August 10, 2018, the period to nominate
candidates other than incumbents is extended to 5:00 p.m. on August 15, 2018.
Information for prospective candidates is available on the City website at
http://www.saratoga.ca.us/421/Elections.
FISCAL STATEMENT:
The cost to consolidate the General Municipal Election is estimated at $59,500. Funding has
been included in the Fiscal Year 2018/19 budget to account for this cost.
ATTACHMENTS:
Attachment A – Resolution Calling for the General Municipal Election
Attachment B – 2018 Election Calendar
31
RESOLUTION NO. 18-____
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, 2018; 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, 2018;
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, 2018 to elect three (3) 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, 2018, 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 and acknowledges that the consolidated election will
be held and conducted in the manner prescribed in Election Code section 10418. 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;
32
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 $2,935, in
addition to the $25.00 filing fee. The City Clerk 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 20th day of June 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary-Lynne Bernald, Mayor
ATTEST:
DATE:
Nora Pimentel, MMC, City Clerk
33
Dates of Interest to Candidates
DATE ACTIVITY
June 20, 2018
E-148
RESOLUTION CALLING FOR A GENERAL MUNICIPAL ELECTION
Council to adopt resolution calling the election and providing for consolidation
with Santa Clara County. Deadline to submit resolution to County is July 5,
2018 (E-125).
July 16, 2018
E-113
NOMINATION PERIOD OPENS
First day candidates may pick up nomination documents at the City Clerk’s
Office. Appointments to pick up nomination documents are strongly
recommended. Appointments can be made by contacting the City Clerk at
(408) 868-1294 or npimentel@saratoga.ca.us.
July 31, 2018
E-99
FPPC SEMI-ANNUAL ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure Form 460 covering the period January
1, 2018 through June 30, 2018 to the City Clerk. Deadline falls on a Sunday and
consequently moved to the following Monday.
August 8 – November 6, 2018
E-90 to E
CONTRIBUTION EXPENDITURES REPORTING
Contributions and independent expenditures of more than $1000 from a single
source must be reported to the City Clerk within 24 hours on the Form 497.
The Form 497 may only be filed by fax, personal delivery, guaranteed overnight
mail, or email.
August 10, 2018
E-88
NOMINATION PERIOD CLOSES – 5:00 P.M.
Deadline to file all required nomination documents with the City Clerk.
Appointments to file nomination documents are encouraged. Candidates are
also encouraged to file 3 business days before the close of the Nomination
Period to provide sufficient time to collect additional signatures, if needed. To
make an appointment, contact the City Clerk at (408) 868-1294 or
npimentel@saratoga.ca.us.
DEADLINE FOR WITHDRAWAL OF CANDIDATE
No candidates may withdraw after 5:00 p.m. on this date for offices which do
not have an extension period.
DEADLINE FOR MEASURE RESOLUTIONS & TAX RATE STATEMENTS
Last day for jurisdictions to file a resolution calling for a measure election, and
if applicable, tax rate statements.
August 11-15, 2018
E-87 to E-83
NOMINATION EXTENSION PERIOD
If an incumbent fails to file a Declaration of Candidacy by August 10, 2018 for
his or her office, there will be a 5-day calendar extension. During the
extension, any candidate, EXCEPT THE INCUMBENT, may file or withdraw from
said office.
August 14, 2018
E-84
DUE DATE FOR ARGUMENTS
Deadline for submitting arguments in favor of and against a measure.
34
August 16, 2018
E-82
RANDOMIZED ALPHABET DRAWING
The Secretary of State and 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, 2018
E-77
DUE DATE FOR REBUTTALS AND IMPARTIAL ANALYSES
Deadline for submitting rebuttals to arguments in favor or and against and the
impartial analysis.
September 10 – October 23, 2018
E-57 to E-14
WRITE-IN CANDIDACY PERIOD OPENS & CLOSES
The time frame for write-in candidates to obtain and file nomination
documents.
September 27, 2018
E-40
FPPC 1ST PRE-ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure report Form 460 covering period July 1,
2018 to September 22, 2018 to the City Clerk.
October 9, 2018
E-29
FIRST DAY FOR MAILING OF VOTE BY MAIL BALLOTS
First day the Santa Clara County Registrar of Voters will send Vote by Mail
ballots (due to holiday, mailing moved to next regular business day).
CITY COUNCIL CANDIDATE FORUM
Forum hosted and moderated by the League of Women Voters in the Saratoga
Civic Theater.
October 22, 2018
E-16
LAST DAY TO REGISTER TO VOTE FOR NOVEMBER ELECTION
Deadline to register to vote in the November 2018 election.
October 25, 2018
E-12
FPPC 2ND PRE-ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure Form 460 covering the period
September 23, 2018 to October 20, 2018 to the City Clerk.
October 30, 2018
E-7
DEADLINE TO REQUEST VOTE BY MAIL BALLOT
Last day to submit a request for a Vote by Mail ballot to be mailed to voter.
November 5, 2018
E-1
FINAL WORD CANDIDATE FORUM (Tentative)
Held the evening before the Election, the Final Word Candidate Forum
provides candidates with the chance to make clarifications and interact with
voters one last time before polls open.
November 6, 2018 ELECTION DAY
Polls are open from 7:00 a.m. to 8:00 p.m.
December 6, 2018
E+30
OFFICIAL CANVASS OF VOTE
Registrar of Voters to certify election results by December 6, 2018.
December 13, 2018
E+42
CITY COUNCIL REORGANIZATION
Council adopts resolution declaring the results of the General Municipal
Election of Members to the City Council, oath of office is administered to the
newly elected members of the Council, and Council selects new Mayor and
Vice Mayor.
January 14, 2017 FPPC STATEMENT OF ECONOMIC INTERESTS DUE (FORM 700)
Assuming office Statement of Economic Interests (Form 700) due.
January 31, 2019 FPPC SEMI-ANNUAL ELECTION STATEMENT DUE (FORM 460)
Deadline to submit financial disclosure Form 460 covering the period October
21, 2018 to December 31, 2018 to the City Clerk.
35
IMPORTANT DATES FOR NEWLY ELECTED COUNCIL MEMBERS
December 2018
NEW COUNCIL MEMBER ORIENTATION
- Prior to the Reorganization, each new Council Member will be
invited to a meeting to review important City policies and
procedures, including Council Norms of Operation, the City of
Saratoga’s Code of Ethics and Values, and Council/Staff protocol.
An overview of state laws that affect local elected officials will be
provided, including the Brown Act, Public Records Act, and Political
Reform Act. Additionally, the meeting will include an overview of
outside agency and ad hoc assignments in advance of the second
regular meeting of December.
December 13, 2018
7:00 p.m.
CITY COUNCIL REORGANIZATION
- New elected officials are sworn in and a new Mayor and Vice
Mayor are selected. A reception is held afterwards in the Civic
Theater lobby.
December 19, 2018
7:00 p.m.
REGULAR CITY COUNCIL MEETING
- First meeting of the City Council following the Reorganization
January 18 – 20, 2019 NEW MAYORS AND COUNCIL MEMBERS ACADEMY
- An academy, presented by the League of California Cities, designed
to help city officials learn about relevant city management topics
and network with colleagues from across the state. The conference
will take place in Sacramento. The City will handle conference
registration and hotel for Council Members that wish to attend.
Late January/Early February 2019
8:00 a.m. – 5:00 p.m.
COUNCIL RETREAT
- During the retreat, priorities are established for the year.
36
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, Deputy City Clerk
SUBJECT:Resolution Authorizing Final Disposition of Certain City Records
RECOMMENDED ACTION:
Adopt resolution authorizing final disposition of certain city records.
BACKGROUND:
On May 16, 2018, 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 to be destroyed pursuant to the Schedule 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 for which the retention period has expired in
accordance with the approved records retention schedule. Records in each box are reviewed
to make sure the records are eligible for destruction.
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 and the City Attorney.
At this time, staff has identified 11 boxes of expired records and email files and is requesting
authorization from the Council to proceed with shredding the documents.
FOLLOW UP ACTION:
Consistent with the City’s standard policy, the records will be held for seven days for review
pursuant to the Public Records Act.If no request for review is submitted, they will be promptly
destroyed unless the City Attorney determines that they should be retained for any reason in
which case they will be destroyed at a later date per direction from the City Attorney.If a
37
request for review is submitted, the records will be destroyed between 20 and 30 days after they
have been made available for review.
ATTACHMENTS:
Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records
Attachment 2 -Exhibit A: List of Records Proposed for Final Disposition
915458.2
38
RESOLUTION NO. 18-
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:
1.Department heads are hereby authorized to have destroyed those certain documents,
instruments, books or paper (collectively, “Records”) under their charge as described in
Exhibit ‘A.
2.The Records described in Exhibit ‘A shall be held for seven days for review pursuant
to the Public Records Act prior to destruction. If no request for review is submitted
within that time, they shall be promptly destroyed. If a request for review is submitted,
the Records shall be destroyed not less than twenty days and not more than thirty days
after the records have been made available for review. Notwithstanding the foregoing,
if the City Attorney determines that any Records should be retained for any reason
those Records shall be retained and destroyed at a later date determined by the City
Attorney.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 20
th day of June, 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mary-Lynne Bernald, Mayor
ATTEST:
DATE:
Nora Pimentel, City Clerk
39
Retention Guide
AU = Audit, CL =Closure, CU = Current Year, T = Terminated
Number
of Box Department Description of Documents
Retention
date Retention Record Series
412 REC
6/1/2013-5/31/2014 Rental contracts,
reservation receipts 6/1/2018 Current year +4 Facility Rentals
452 REC 5/1/2013-5/30/2014 Facilites 6/1/2018 Current year +4 Facility Rentals
458 CDD 2015 Tree Permits *1/1/2018 Current year + 2
Tree Removal Permit
Applications
N/A Admin Emails before 6/1/2016 *6/1/2018 Current year+1 E-mail Archives
CMO1 CMO
Commission Applications 2009-2012 -
Successful 6/1/2018
Term of
Commission+ 5
City Clerk- Commission
Applications
CMO1 CMO Legal ads 2013 and 2014 1/1/2018 Current Year + 3 Legal advertising
CDD 1`CDD Alarm Permits -Streets A-M 1991-2003 12/31/2014 Superseded + 2 Alarm Permits
CDD 2 CDD Alarm Permits -Streets N-Z 1991-2003 12/31/2014 Superseded + 2 Alarm permits
HR1 HR Personnel Files (A-O) July 2004-June 2013 7/1/2017 Termination + 4
Employees Personnel
Files
HR2 HR
Personnel Files (P-W) October 2004-
September 2012 10/1/2016 Termination + 4
Employees Personnel
Files
HR 3 HR Recruitment Files Feb. 2001-May 2009 6/1/2013 Closure +3 Position recruitment
HR 4 HR Recruitment Files July 1998-Sept. 2004 10/1/2007 Closure +3 Position recruitment
HR 5 HR Recruitment Files April 2001- July 2007 8/1/2010 Closure +3 Position recruitment
* After Legal Hold is lifted.
June 2018 Records Authorized for Destruction by Council and City Attorney
40
CITY ATTORNEY CONSENTS TO DESTRUCTION
OF THE RECORDS, DOCUMENTS, INSTRUMENTS,
BOOKS OR PAPER DESCRIBED ABOVE:
__________________ ____________
Richard Taylor Date
City Attorney
41
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Mary Furey, Administrative Services Director
SUBJECT:Resolution to Establish Property Tax Levy for Debt Service Payments on the
Library General Obligation Bonds
RECOMMENDED ACTION:
Adopt the attached resolution that sets the property tax levy rate to provide for the Library General
Obligation Bond's debt service payment at $.0046 per $100 of Assessed Valuation.
BACKGROUND:
In March 2000, the citizens of Saratoga voted to approve a $15,000,000 General Obligation (GO) Bond
issuance to pay for improvements to the Saratoga Community Library Building.
GO Bonds are tax-exempt debt obligations secured by the City’s statutory authority to levy ad valorem
taxes on real and personal property located within city boundaries for payment of the bond’s principal,
interest, and administrative expenses. The County of Santa Clara collects the GO Bond levy along with
property taxes, and subsequently remits the assessments to the City. The City in turn, dispenses payments
on behalf of the bond debt. The City does not receive revenue for this administrative obligation, nor expend
any City funds for the bond debt.
In May 2001, the City issued the 2001 Series General Obligation Bonds with debt service payments
beginning in February 2002. At the time of issuance, competitive interest rates ranged between 5 and 6%.
With interest rates falling to historic lows in 2011, and with the GO Bonds becoming eligible for redemption
without penalty in year 10, it was financially advantageous for the City to refund the outstanding bond debt.
On August 1, 2011, the City refunded the 2001 Series General Obligation Bonds saving the City’s residents
$2,677,041 in interest over the remaining twenty years of the bond term.
In order to assess a levy on the City’s property owners to fund debt service payments, the County of Santa
Clara requires local jurisdictions to adopt a resolution each year that establishes the annual tax levy rate.
The tax levy rate may adjust from year to year due to ongoing increases in property values that result in
higher tax receipts.
Santa Clara County’s Auditor-Controller’s Office does not provide a secured Assessed Valuation (AV)
report for the upcoming fiscal year until just days before the tax levy rate is due to the County on August
1st. This does not leave sufficient time for the Council to approve the levy based on the actual AV amount;
42
therefore, the tax rate calculation uses an estimate from the Assessor’s most recent Secured Property Roll
Growth Comparison report dated June 1, 2018.
In prior years, the structure of the City’s tax levy rate yielded an amount approximately equal to the fiscal
year’s debt service; however, with the continued rise in assessment values, the revenue collected surpassed
debt service payments. This resulted in Debt Fund reserves that exceeded debt service requirements.
To remedy this, the property tax levy rate has been calculated to bring in less than the debt service payments
amount since FY 2009/10. The bond refunding in August, 2011 lowered the debt service payment
requirements further. Then, since the end of the recession in 2012, property values have increased at a
rapid pace, which has in turn, has brought in higher than expected assessment revenues each year. Due to
the higher than expected growth, the Debt Fund’s reserve balance has not declined sufficiently, therefore
the FY 2018/19 levy rate is recommended to be lowered significantly to reduce the Debt Fund reserve.
Fiscal Year 2018/19 Bond Payments
There are two debt service payments each year: principal and interest in August, and interest only in
February. Therefore, at a minimum, the year-end Debt Service Fund Balance Reserve should provide
sufficient funding for the August debt service payment, as payment is required prior to the City receiving
property tax levies in January. The estimated FY 2017/18 ending fund balance is $1,032,000, and the
August debt service payment is approximately $675,000; more than sufficient funding is available.
Attachment A details the debt service schedule.
The following shows the Library bond’s annual debt service and estimated administrative fees for next
fiscal year:
FY 2018/19 Debt Service
Debt Service – Principal $ 500,000
Debt Service – Interest $ 339,535
Debt Service – Fees $ 2,000
Total Annual Debt Service $ 841,535
The Tax Assessor’s roll as of June 1, 2018 lists the City of Saratoga’s Total Assessed Valuation (AV) on
the Current Assessor’s Working File (CAWF) Roll for FY 2017/18 at $15,499,520,055. The annual
recovery levy rate per $100 of estimated assesses valuation is determined by factoring this AV amount into
the Total Debt Service expenditure amount:
Fully Funded Levy Calculation
Debt Service recovery amount $ 841,535
Divided per $100 of estimated valuation $ 154,995,200
Fully Funded Levy Rate 0.00543
However, with the intent to reduce the Debt Service Fund’s Fund Balance Reserve, staff recommends
setting the Property Tax Levy Rate lower than the rate calculated above to provide full debt service funding.
Lowering the current rate to .0046(rate rounded to four decimals per Assessor) will result in total estimated
tax assessment receipts of $717,539, thereby reducing the current Fund Balance Reserve by approximately
$123,996. Under the current growth trend, it is likely that the Secured Assessed Value will increase by
approximately 5% next fiscal year, so the actual reduction is expected to be closer to $93,000.
Reduced Levy Calculation
AV divided per $100 of estimated valuation $ 154,995,200
Reduced Property Tax Levy Rate . .0046
Reduced Levy Rate $ 717,539
43
With this reduction, the estimated Debt Service Fund’s Fund Balance Reserve at FY 2018/19 year-end will
be $915,000. The intent of a gradual levy rate decrease is to prevent upward swings in the tax rate levy in
future years.
On the property tax bill, the proposed assessment is equivalent to $46 per $1,000,000 of assessed valuation.
The tax levy specifically funds the annual debt service requirements of the voter approved General
Obligation Bond, with the tax revenue receipts within the Library Bond Debt Service Fund in the City’s
operating budget.
For historical reference, the following schedule displays the City’s adopted annual property tax levy rates
since first assessed in FY 2001/02, and the chart illustrates the ongoing rate decrease since FY 2008/09:
Library General Obligation Bond
Tax Levy Rate History
Council options include approving an alternative property tax levy rate, or not levying a tax. With no
property tax levy, the Santa Clara County Tax Assessor will not collect supplemental funds for the Library
Bond Debt Service, resulting in the debt service payments coming from City reserves to prevent default.
A certified copy of the adopted resolution setting the property tax levy for the Library General Obligation
Bond will be sent to the Santa Clara County Assessor’s Office no later than August 1st.
ATTACHMENTS
A.General Obligation Bond Debt Service Schedule
B.Resolution authorizing the Tax Rate Levy for the General Obligation Bonds and to report the levy
rate to the Santa Clara County Tax Collector.
Fiscal Year Rate
2001/02 0.01673
2002/03 0.01650
2003/04 0.01210
2004/05 0.01484
2005/06 0.01170
2006/07 0.00955
2007/08 0.01130
2008/09 0.01040
2009/10 0.00940
2010/11 0.00940
2011/12 0.00880
2012/13 0.00800
2013/14 0.00740
2014/15 0.00700
2015/16 0.00650
2016/17 0.00600
2017/18 0.00560
2018/19 0.00460
0
0.002
0.004
0.006
0.008
0.01
0.012
0.014
0.016
0.018
Tax Levy Rate Graph
FY 2001/02 to FY 2018/19
44
Attachment A
August August February Fiscal Year Bond
Fiscal Interest Annual Interest Interest Annual Debt Principal
Year Rate Principal Payment Payment Interest Service Balance @ YE
Bond Refunding Date - August 1, 2011 - -
2011/12 2.000%- - 228,211 228,211 228,211 11,995,000
2012/13 2.000%455,000 208,518 203,968 412,485 867,485 11,540,000
2013/14 2.000%485,000 203,968 199,118 403,085 888,085 11,055,000
2014/15 2.000%495,000 199,118 194,168 393,285 888,285 10,560,000
2015/16 2.000%500,000 194,168 189,168 383,335 883,335 10,060,000
2016/17 3.000%475,000 189,168 182,043 371,210 846,210 9,585,000
2017/18 3.000%485,000 182,043 174,768 356,810 841,810 9,100,000
2018/19 4.000%500,000 174,768 164,768 339,535 839,535 8,600,000
2019/20 4.000%525,000 164,768 154,268 319,035 844,035 8,075,000
2020/21 4.000%545,000 154,268 143,368 297,635 842,635 7,530,000
2021/22 3.000%565,000 143,368 134,893 278,260 843,260 6,965,000
2022/23 4.000%580,000 134,893 123,293 258,185 838,185 6,385,000
2023/24 4.000%610,000 123,293 111,093 234,385 844,385 5,775,000
2024/25 4.000%630,000 111,093 98,493 209,585 839,585 5,145,000
2025/26 3.500%655,000 98,493 87,030 185,523 840,523 4,490,000
2026/27 3.500%685,000 87,030 75,043 162,073 847,073 3,805,000
2027/28 3.700%705,000 75,043 62,000 137,043 842,043 3,100,000
2028/29 4.000%730,000 62,000 47,400 109,400 839,400 2,370,000
2029/30 4.000%760,000 47,400 32,200 79,600 839,600 1,610,000
2030/31 4.000%790,000 32,200 16,400 48,600 838,600 820,000
2031/32 4.000%820,000 16,400 - 16,400 836,400 -
TOTALS 11,995,000 2,601,993 2,621,686 5,223,678 17,218,678
Total Bond Principal 11,995,000$
Total Bond Interest 5,223,678
Total Cost of Bond 17,218,678$
City of Saratoga
2011 Series General Obligation Bonds
Debt Schedule
11,995,000$
45
Attachment B
RESOLUTION 18-___
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
ESTABLISHING THE FY 2018/19 PROPERTY TAX ASSESSMENT RATE
FOR DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BOND
WHEREAS, in March 2000, the citizens of Saratoga approved an increase in their property tax
rate to pay for the debt service and other expenses of the general obligation bonds for the re-construction
of the Library; and
WHEREAS, the general obligation bonds were originally sold on April 24, 2001; and
WHEREAS, the original general obligation bonds were refunded on August 1, 2011; and
WHEREAS, it is necessary for the City Council of the City of Saratoga to establish an annual
property tax levy rate to provide funds for the debt service payments and related expenditures during the
fiscal year,
NOW, THEREFORE,be it resolved by the City Council of the City of Saratoga that the FY 2018/19
Property Tax Levy rate for debt service on the Library General Obligation Bonds be established at $.0046
per $100 of assessed valuation.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 20
th day of June 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mary-Lynne Bernald, Mayor
ATTEST:
DATE:
Nora Pimentel, City Clerk
46
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:Administrative Services Department
PREPARED BY:Leo Salindong, IT Supervisor
SUBJECT:Microsoft Office 365 with Exchange Online Software Licensing Contract
RECOMMENDED ACTION:
Authorize the City Manager to enter into a three-year Microsoft Enterprise Licensing Agreement
through SoftwareONE for Office 365 with Exchange Online in an amount not to exceed $20,000
per fiscal year.
BACKGROUND:
The City of Saratoga’s email server is over eight years old and requires a growing amount of IT
staff time to troubleshoot and maintain. The hardware is outdated and replacement parts are
becoming difficult to obtain. Additionally, the email server utilizes Microsoft Exchange 2010
which is nearing the end of life for technical support. IT staff has researched replacement options
and determined Office 365 with Exchange Online would provide stability and enhanced security
to the City’s email network.
Transitioning to Microsoft Office 365 will provide a number of benefits. It positions the City to
benefit from the next generation of Microsoft platform products seamlessly on an ongoing basis,
to ensure that the City has access to the latest software version and enable software upgrade
decisions to be made based on technical considerations and project deployment plans. Office 365
with Exchange Online replace the existing on premise exchange server with cloud-based services,
thus reducing both hardware and software maintenance and replacement costs. Office 365 with
Exchange Online also provide eDiscovery and multi-mailbox search functions that make Public
Record Request email search queries simple and seamless.Security features in Office 365 with
Exchange Online includes redundancy in both functionality as well as email data in the cloud,
high-level encryption on all email content with built-in anti-spam and anti-malware, and email
access in the event the City’s network goes down.
Microsoft does not license its software directly; its products are licensed through resellers.
SoftwareONE, an authorized Microsoft Large Account Reseller (LAR), offers high volume
discount pricing for Microsoft products and services to government entities and academic
institutions through a Master Microsoft Enterprise Agreement.More than 375 agencies, from
47
large cities to small towns and special districts, are currently using this Enterprise Agreement
purchasing arrangement to obtain discount rate pricing for Microsoft Office 365.
Microsoft has created the Office 365 US Government planto provide high-level security for public
agencies. The Government Community Cloud (GCC) stores content in Microsoft’s government
data center servers that are physically located in the United States and segregated from commercial
businesses Office 365 services.
Under the SoftwareONE Enterprise Agreement plan, the FY 2018/19 licensing cost is expected to
be approximately $14,000 for the current number of planned licenses. The not-to-exceed $20,000
per fiscal year amount provides flexibility for additional licenses and increased service levels if
needed over the next few years.
If the City remained with the onsite hardware and software, initial costs for server hardware and
exchange software would be approximately $19,000. The average life span of a server is 5 years.
Additionally, Microsoft Office Suite software for 50 users would be $17,000 and would need to
be replaced every 3 years.
ATTACHMENTS:
Attachment A – Microsoft Enterprise Enrollment Contract
Attachment B – SoftwareONE quote
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Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) 60472842 Framework ID
(if applicable)
Previous Enrollment number
(Reseller to complete)
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form
as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of
the Customer, that entered into the Enterprise Agreement identified on the program signature form.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online
Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form,
and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment
may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment,
Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of
any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day after the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term. The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject
to Government regulations for which Customer determines and Microsoft agrees that the use of
Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
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Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government
Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
“Expiration Date” means the date upon which the Enrollment expires.
“Federal Agency” means a bureau, office, agency, department or other entity of the United States
Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental
capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in
Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance
with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft
Online Services that are Government Community Cloud Services are designated as such in the Use Rights
and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer), a
multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an
industry or task-specific software program (e.g. a computer-aided design program used by an architect or
a point of sale program) (“Industry Program”). The device may include features and functions derived from
Microsoft software or third-party software. If the device performs desktop functions (such as email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality; and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
“Qualified User” means a person (e.g., employee, consultant, contingent staff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;
“Reserved License” means for an Online Service identified as eligible for true-ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Service
available for activation.
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"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of governmental instrumentality established by the laws of Customer’s state and
located within Customer’s state’s jurisdiction and geographic boundaries.
“Tribal Entity” means a federally-recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site. The Use Rights
supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product. The Use Rights for Software are published by Microsoft in the Product Terms. The Use Rights for
Online Services are published in the Online Services Terms.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250
Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all
Qualified Users or Qualified Devices, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise
Online Services (as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United
States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be
submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment terms as between them, and Microsoft will invoice the
Reseller based on those terms. Throughout this Agreement the term “price” refers to reference
price. Resellers and other third parties do not have authority to bind or impose any obligation
or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
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(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. Additional Licenses for Online Services must be ordered
prior to use, unless the Online Services are (1) identified as eligible for true-up in the
Product Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true-up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user-based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ordered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
(iii) Online Services. For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use and payment may be deferred until the next true-up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retroactively to the month in which they were
ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices and Qualified Users (if
ordering user-based Licenses) identified on the Product Selection Form, and includes
any additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses do not count towards this total count.
2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true-up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if,
since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate’s authorized
representative.
(vi) True-up order period. The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
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may submit true-up orders more often to account for increases in Product usage, but an
annual true-up order or update statement must still be submitted during the annual order
period.
(vii) Late true-up order. If the true-up order or update statement is not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled “Adding new Products not
previously ordered,” then for additional step-up Licenses, by following the true-up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance
with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all
Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment.
b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its
Reseller. Except for Online Services designated in the Product Terms as being exempt from
fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level,
Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the
applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished
at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Enrolled Affiliate may pay upfront or elect to spread its payments over the
applicable Enrollment term. If an upfront payment is elected, Microsoft will invoice Enrolled Affiliate’s
Reseller in full upon acceptance of this Enrollment. If spread payments are elected, unless indicated
otherwise, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual installments. The first
installment will be invoiced upon Microsoft’s acceptance of this Enrollment and remaining installments will
be invoiced on each subsequent Enrollment anniversary date. Subsequent orders are invoiced upon
acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront for Online Services and
upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwise
provided in this Enrollment.
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b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products by renewing this Enrollment for one additional 36-month term or by signing a new
Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
Microsoft may make changes to this program that will make it necessary for Customer and its
Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance
with the terms of the Enrollment. An extended term feature that allows Online Services
to continue month-to-month (“Extended Term”) for up to one year, unless designated
in the Product Terms to continue until cancelled, is available. During the Extended
Term, Online Services will be invoiced monthly at the then-current published price as
of the Expiration Date plus a 3% administrative fee. If Enrolled Affiliate wants an
Extended Term, Enrolled Affiliate must submit a request to Microsoft at least 30 days
prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and
Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written
certification to verify compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
“Termination for cause” section of the Agreement. In addition, it shall be a breach of this
Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Community Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early
Termination” Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use
Government Community Cloud Services solely in its capacity as a member of the Community
and, for eligible Government Community Cloud Services, for the benefit of end users that are
members of the Community. Use of Government Community Cloud Services by an entity that
is not a member of the Community or to provide services to non-Community members is strictly
54
EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 7 of 10
Document X20-10634
prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government
Community Cloud Services without notice. Enrolled Affiliate acknowledges that only
Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non-Government Community Cloud Services also apply
to their corresponding Government Community Cloud Services, except as otherwise noted in
the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non-Government Community Cloud Services in the same domain.
d. Use Rights for Government Community Cloud Services. For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States.
(ii) Additional European Terms, as set forth in the Use Rights, will not apply.
(iii) References to geographic areas in the Use Rights with respect to the location of Customer
Data at rest, as set forth in the Use Rights, refer only to the United States.
55
EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 8 of 10
Document X20-10634
Enrollment Details
1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s
Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.
Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise
to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the
Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise):
Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired
after the start of this Enrollment: Exclude future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)* City of Saratoga
Contact name* First Leo Last Salindong
Contact email address* lsalindong@saratoga.ca.us
Street address* 13777 Fruitvale Avenue
City* Saratoga
State/Province* CA
Postal code* 95070-5151-
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 408-868-1270
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies,
including adding or reassigning Licenses and stepping-up prior to a true-up order.
56
EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 9 of 10
Document X20-10634
Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* First Leo Last Salindong
Contact email address* lsalindong@saratoga.ca.us
Street address* 13777 Fruitvale Avenue
City* Saratoga
State/Province* CA
Postal code* 95070-5151-
(For U.S. addresses, please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 408-868-1270
Language preference. Choose the language for notices. English
This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered
under the Enrollment and (for applicable Online Services) to add or reassign Licenses and
step-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided
below, even if box is not checked)
Contact name*: First Last
Contact email address*
Phone*
This contact is from a third party organization (not the entity). Warning: This contact receives
personally identifiable information of the entity.
* indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* SoftwareONE, Inc.
Street address (PO boxes will not be accepted)* 20875 Crossroads Circle, Suite 1
City* Waukesha
State/Province* WI
Postal code* 53186-4093
Country* United States
Contact name* MS* Admin
Phone* 262-317-5555
Contact email address* ms-admin.us@softwareone.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*
Printed name*
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with
each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the
Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
57
EA2016EnrGov(US)SLG(ENG)(Nov2016) Page 10 of 10
Document X20-10634
other party using a form provided by Microsoft at least 90 days prior to the date on which the
change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay these taxes directly to Microsoft.
58
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 1 of 2
Program Signature Form
MBA/MBSA number
Agreement number 01E73970
Note: Enter the applicable active numbers associated with the documents below. Microsoft
requires the associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program
agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10634
Sub250 Form W29
Product Selection Form 0733238.005_PSF
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* City of Saratoga
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
59
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(Aug2014) Page 2 of 2
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments,
include the appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to
Customer’s channel partner or Microsoft account manager, who must submit them to the following
address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation
copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6100 Neil Road, Suite 210
Reno, Nevada 89511-1137
USA
60
Quoted to:City of Saratoga
Leo S. Salindong
leo@saratoga.ca.us
Date:6/8/2018
Quote#:43259 EA options for Office365
Quantity Part #Description Unit Price Ext. Price
enterprise products
50 AAA-11894 O365GCCE3 ShrdSvr ALNG SubsVL MVL PerUsr. 183.04$ 9,151.95$
15 U4S-00002 O365GCCE1 ShrdSvr ALNG SubsVL MVL PerUsr. 64.71$ 970.70$
70 3KS-00001 O365GCCF1 ShrdSvr ALNG SubsVL MVL PerUsr.28.16$ 1,971.06$
85 4ES-00001 ExchOnlnArchGCC ShrdSvr ALNG SubsVL MVL PerUsr. 22.12$ 1,879.86$
Please type "Electronic Software Delivery" on your
purchase order.
Product-total 13,973.57$
Sub-Total 13,973.57$
Tax ESD - nontaxable -$
Shipping No Charge
Total Your annual price 13,973.57$
Prices good for 30 days Total 3-year commitment 41,920.70$
Quoted by Jason Carmer
SoftwareONE - software quote
Phone 480-845-7155 jason.carmer@SoftwareONE.com
Pass-Through Warranty and Other Rights. As a reseller, end-user warranties and liabilities (with respect to any third
party hardware and software products provided by SoftwareONE) shall be provided as a pass-through from the
manufacturer of such products. All software products are subject to the license agreement of the applicable software
supplier, as provided with the software packaging or in the software at time of shipment.
Important: Please provide the email address of the recipient designated to receive a
SoftwareONE "order confirmation"
Please fax your POs to our Client Assistance Center at 800-366-9994 or email to:
statestore@SoftwareONE.com - Call 800-400-9852, option 2, to check status on orders.
61
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:Community Development
PREPARED BY:Nicole Johnson, Planner II
SUBJECT: Application to Establish an Agricultural Preserve at 22100 Mt. Eden Road and
to Enter into a Williamson Act Contract (Application No. WIL18-0001)
RECOMMENDED ACTION:
Approve resolution establishing an Agricultural Preserve at 22100 Mt. Eden Road and
authorizing the City Manager to enter into a Williamson Act land conservation contract.
BACKGROUND:
On March 19, 2018, the City of Saratoga received an application to establish an agricultural
preserve for a 20.94-acre parcel (APN 503-09-005) located at 22100 Mt. Eden Road by entering
into a land conservation contract with the City from John D. Couch (Applicant). The parcel is
zoned Hillside Residential (HR). Pursuant to City Council Resolution No.16-054, establishing
agricultural preserves of less than 100 acres in the HR zoning district is consistent with the
General Plan and with the permitted uses within the HR zoning district.
The current primary use of the property is agricultural, including a 6,000 vine producing
vineyard, a fruit orchard, and the growing of organic produce. In addition, there is a single family
residence on the property and associated buildings for wine making operations. Currently, there
is no public access or wine sales on the property.
The California Land Conservation Act of 1965 (the Williamson Act) allows private landowners
to voluntarily enter into contracts with local governments for the purpose of restricting specific
parcels of land to agricultural use or open space. In return, landowners receive property tax
assessments lower than normal because they are based upon farming and open space uses as
opposed to higher value uses. Contracts have ten-year terms that are automatically renewed each
year unless they are cancelled. A Williamson Act contract runs with the land and is binding on
all future landowners.
The Williamson Act and City Council Resolution No.16-054 requires that lands under
Williamson Act contracts be in a City-designated Agricultural Preserve. The attached resolution
establishes an Agricultural Preserve at 22100 Mt. Eden Road and authorizes the City Manager to
enter a Williamson Act contract for that land.62
2 | P a g e
ENVIRONMENTAL REVIEW:
Establishing the property as an agricultural preserve is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15317 of the CEQA Guidelines “Open
Space Contracts or Easements.” This provision exempts the establishment of agricultural
preserves, the making and renewing of open space contracts under the Williamson Act, or the
acceptance of easements or fee interests in order to maintain the open space character of the area.
ATTACHMENTS:
Attachment 1 –Resolution
Attachment 2 – Land Conservation Contract
1008618.1
63
RESOLUTION NO. 18-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AN APPLICATION TO ESTABLISH PROPERTY LOCATED AT 22100
MT. EDEN ROAD (APN 503-09-005) AS AN AGRICULTURAL PRESERVE AND
AUTHORIZING A WILLIAMSON ACT LAND CONSERVATION CONTRACT
WHEREAS, an application was submitted by John D. Couch (“Applicant”) to establish an
agricultural preserve and enter into a land conservation contract with the City of Saratoga over a
20.94-acre parcel (APN 503-09-005) located at 22100 Mt. Eden Road; and
WHEREAS, on June 20, 2018, following a duly noticed public hearing where the City
Council of the City of Saratoga (City Council) considered the application and evidence presented by
City Staff, the applicant, and other interested parties; and
NOW THEREFORE, the City Council of the City of Saratoga hereby establishes the
property located at 22100 Mt. Eden Road (APN 503-09-005) as an agricultural preserve and further
finds, determines, and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference. The documents constituting the record of proceedings upon which this decision is based
are located in the City of Saratoga Department of Community Development and are maintained by
the Director of that Department.
Section 2: Establishing the property as an agricultural preserve is categorically exempt
from the California Environmental Quality Act (CEQA) pursuant to Cal. Code Regs., tit. 14,
Section 15317, Class 17 “Open Space Contracts or Easements.” This provision exempts the
establishment of agricultural preserves, the making and renewing of open space contracts under
the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open
space character of the area.
Section 3: The following findings can be made regarding the subject application to
establish it as an agricultural preserve:
1. The subject property is located in the Hillside Residential (HR) zoning district and
establishing an agricultural preserve in HR zoning district is consistent with the permitted uses
within the HR zoning district.
2. The subject application is 20.94 acres and establishment of preserves of less than 100
acres is consistent with the City’s General Plan.
3. The present uses on the proposed preserve include a vineyard, fruit orchard, and the
growing of organic produce. The property also has a single-family residence that houses the owner
and buildings associated with a wine making operation that uses the grapes grown onthe property.
All these uses are compatible uses to establish an agricultural preserve.
64
2
Section 4: The City Council further directs and authorizes the City Manager to enter into a
land conservation contract with the owner of the property established as an agricultural preserve to
protect the City’s agricultural and open space resources and provide uniform rules for administering
the preserve. The contract shall be substantially in the form attached to staff report for this matter.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the20th day of June 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Mary-Lynne Bernald, Mayor
ATTEST:
DATE:
Nora Pimentel, MMC, City Clerk
65
JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
ROAD
Page 1 of 8
Recording Requested By:
CITY OF SARATOGA
After Recordation Return To:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
______________________________________________________________________________
LAND CONSERVATION CONTRACT
(California Land Conservation Act of 1965 – Williamson Act)
FOR RECORDATION WITH THE RECORDER’S OFFICE
OF THE COUNTY OF SANTA CLARA
66
JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
ROAD
Page 2 of 8
LAND CONSERVATION CONTRACT
This is a Land Conservation Contract (the “Contract”) between the CITY OF
SARATOGA (the “City”), and JOHN D. COUCH and/or any successors thereof (the “Owner”).
A.WHEREAS, Owner is the owner a 20.94-acre parcel (APN 503-09-005) located at 22100
Mt. Eden Road and more particularly described in Exhibit A, attached hereto and incorporated
herein by this reference (“Property”);
B.WHEREAS, the present compatible uses on the Property include a vineyard, fruit
orchard, and the growing of organic produce and the Property also has a single-family residence
that houses the owner, and buildings associated with a wine making operation that uses the
grapes grown on the property;
C.WHEREAS, the City adopted Resolution No._______, on June 20, 2018, establishing an
agricultural preserve on the Property;
G.WHEREAS, both Owner and City desire to restrict the use of the Property to agricultural,
open space and uses compatible thereto;
H.WHEREAS, the parties have determined that Property during the term of this Land
Conservation Contract, or any renewal thereof, shall be for agriculture, open space and uses
compatible thereto;
AGREEMENT
NOW THEREFORE, City and Owner agree as follows:
1.CONTRACT SUBJECT TO LAND CONSERVATION ACT OF 1965
This Contract is entered into pursuant to Chapter 7 (commencing with Section 51200) of
Part 1, Division 1, Title 5 of the Government Code, which is known as the California Land
Conservation Act of 1965 or the Williamson Act, hereinafter referred to as the “Act.” This
Contract is subject to all of the Provisions of the Act including any amendments thereto which
may hereafter be enacted. This Land Conservation Contract is being executed by the parties in
light of the circumstances described in the Recitals above.
2.RESTRICTIONS ON USE OF PROPERTY
During the term of this Contract, and any and all renewals thereof, the Property shall not
be used for any purpose other than the agricultural, open space and recreational uses and uses
compatible thereto. A list of all such compatible uses is set forth in Exhibit B attached hereto and
by this reference incorporated herein.
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JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
ROAD
Page 3 of 8
City may from time to time during the term of this Contract and all renewals thereof, add
to the list of compatible uses additional uses which shall apply uniformly to all property located
in the agricultural preserve in which the Property is located; provided, however. City may not
during the term of this Contract or any renewal thereof, without the prior written consent of
Owner, remove any of the compatible uses for the subject Property which are set forth in Exhibit
B. The provisions of this Contract and any supplementary list of compatible uses are not
intended to limit or supersede the planning and zoning powers of City.
3.RESTRICTIONS ON SUBDIVISION OF PROPERTY
In order to be subdivided, the Property must satisfy certain additional
requirements of California law (including but not limited to any limitations imposed by the
Williamson Act or the Subdivision Map Act) for division of land, or lot line adjustment of land,
which is subject to a contract under the Act. Furthermore, the Property shall not be subsequently
subdivided so long as any portion of the Property is subject to a Williamson Act Contract, or the
City's AP/OS overlay zoning district has not been removed by the City.
4.TERM OF CONTRACT
This Contract shall become effective on the date of execution by the City and shall
remain in full force and effect for an initial term of ten years, which term shall commence on one
of the dates specified below in this paragraph. If the date of execution of this Contract is between
March 2 and December 31, the initial term of ten years shall commence as of the first day of
January next succeeding the date of execution. If the date of execution of this Contract is
between January 1 and March 1, the initial term of ten years shall commence as of the first day
of January of the year of execution. Each succeeding first day of January shall be deemed to
be the annual renewal date of this Contract. This Contract shall be renewed automatically on
each succeeding January 1 and one additional year shall be added automatically to the initial
term unless notice of nonrenewal is given as provided in Paragraph 5.
5.NOTICE OF NONRENEWAL
(a)If either party desires in any year not to renew this Contract, that party shall serve
written notice of nonrenewal upon the other party in advance of the annual renewal date
of this Contract. Unless such written notice of nonrenewal is served by Owner at least 90
days prior to the renewal date, or by City at least 60 days, prior to the renewal date, this
Contract automatically shall be renewed for an additional year as provided in Paragraph 4
above.
(b)In the event that City serves written notice of nonrenewal of this Contract, the
Owner, within ten (10) days after receipt of such notice by Owner, may submit to City a
written protest of nonrenewal. The notice shall be deemed to have been received on the
date delivered in person, or the date of delivery receipt from the overnight carrier, or five
days after deposit with the United States Postal Service. City may at any time prior to the
next following renewal date thereafter, withdraw such notice of nonrenewal and, in such
event, this Contract shall continue as if no such notice of nonrenewal had been served.
68
JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
ROAD
Page 4 of 8
(c)If either party serves written notice of nonrenewal in any year within the time
limits of (a) above, this Contract shall remain in effect for the balance of the term
remaining on the Contract as of the last automatic annual renewal. If the initial term of
the Contract was ten (10) years, the remaining term after notice of nonrenewal is nine (9)
years.
6.NO COMPENSATION
Owner shall not receive any payment from City in consideration of the obligation
imposed under this Contract, it being recognized and agreed that the consideration for the
execution of this Contract is the substantial benefit to be derived therefrom, and the advantage
that may accrue to Owner as a result of the effect upon the assessed value of the Property on
account of the restrictions on the use of the Property contained herein.
7.SUCCESSORS IN INTEREST
This Contract and the restrictions imposed hereunder shall be binding upon, and inure to
the benefit of, all successors in interest of the Owner and the City.
8.CANCELLATION
This Contract may not be cancelled except pursuant to the provisions of the Act.
9.NOTICES
All notices required or permitted by this Contract, including notice of a change of
address, shall be in writing and given by personal delivery, by overnight carrier, or by first class
mail, addressed to the party intended to be notified. The notice shall be deemed to have been
given and received on the date delivered in person, or the date of delivery receipt from the
overnight carrier, or five days after deposit with the United States Postal Service.
Notice to the City shall be addressed:
CITY OF SARATOGA, attn. CITY CLERK City Hall
13777 Fruitvale Avenue
Saratoga, California 95070
Notice to Owner shall be addressed:
JOHN D. COUCH
22100 Mt. Eden Road
Saratoga, CA 95070
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JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
ROAD
Page 5 of 8
10.INVALIDITY
City may declare this Contract terminated if it (or another substantially similar Contract)
is declared invalid or ineffective in any court adjudication which has become final, but no
cancellation fee or other penalties shall be assessed against Owner based upon such termination.
11.HOLDERS OF RECORD
Owner represents and warrants that the persons signing below are the only persons with
legal and security interests in the Property and agrees to indemnify, defend and save harmless
(collectively “indemnify”) the City from any and all claims, suits or losses caused by a breach of
this representation or warranty. This representation, warranty, and agreement to indemnify, are
binding upon the Owner (including Owner's successors in interest). Signatures of holders of
security interests shall only be evidence of notice of the Contract and acceptance by the holders
of security interests of the binding restrictions herein.
IN WITNESS WHERE, the parties hereto have caused this Contract to be executed by
Owner on ___________________ and by City on ___________________.
CITY OF SARATOGA
_______________________________
James Lindsay, City Manager
ATTEST:City Clerk
_______________________________
Nora Pimentel
JOHN D. COUCH
By: ______________________________
__________________________(print name)
__________________________(print title)
NOTE: All signatures of both owners and holders of security interests
must be properly notarized.
APPROVED AS TO FORM:
___________________________
Richard Taylor, City Attorney
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JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
ROAD
Page 6 of 8
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JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
ROAD
Page 7 of 8
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JOHN D. COUCH LAND CONSERVATION CONTRACT FOR PROPERTY AT 22100 MT. EDEN
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Page 8 of 8
EXHIBIT B
LAND CONSERVATION CONTRACT
COMPATIBLE USES
The following is a list of land uses determined to be compatible with the agricultural use of the
land subject to this agreement, when established in accord with the zoning regulations applicable
in the zoning district in which said land lies:
1. The drying, packing or other processing of an agricultural commodity usually
performed on the premises where it is produced but not including slaughter houses,
fertilizer yards, bone yards or plants for the reduction of animal of vegetable matter.
2. Structures necessary and incidental to the agricultural use of the land.
3. The holding of nonproducing land for future agricultural use.
4. The maintenance of land in its natural state for the purpose of preserving open space
for recreation or plant or animal preserves.
5. Single family dwellings incidental to the agricultural use of the land for the residence
of the owner, and the family of the owner or Single family dwellings incidental to the
agricultural use of the land for the residence of the lessee of the land and the family of
the lessee.
Owner or lessee shall be construed to include:
(a) stockholders in family corporations
(b) beneficiaries of family trusts and estates
(c) owners of undivided partial interests in the fee
(d) joint tenants
6. Dwellings for persons employed by owner or lessee in the agricultural use of the land.
7. The construction and maintenance of a stand or shelter for the sale of agricultural
commodities produced on the land.
8. The erection, construction, alteration or maintenance of gas, electric, water or
communication utility facilities in compliance with Saratoga City Ordinance NS-3.20.
9. Public or private fishing.
10. Public or private riding or hiking trails.
11. Stables and the boarding of horses or other livestock but not including an animal
hospital or kennel.
1008616.1
73
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Deputy City Manager
SUBJECT:Weed and Brush Abatement Program Public Nuisance Declaration and
Abatement Order
RECOMMENDED ACTION:
Conduct public hearing, receive public testimony,and consider requests to remove properties from
the nuisance declaration and abatement order. Adopt the attached resolution declaring properties
listed in the attached resolution to be a public nuisance; ordering abatement of properties to correct
the public nuisance; and, authorizing the Santa Clara County Weed Abatement program to remove
hazardous vegetation from these properties.
BACKGROUND:
There are two programs in Saratoga that work to protect the City from wildfire risk by reducing
potential fuel, like weeds or brush. These two programs include the Weed Abatement Program
managed by the City of Saratoga in partnership with the County of Santa Clara via contract and
the Brush Abatement Program (Wildland Urban Interface Preparedness Inspection) managed by
the Santa Clara County Fire Department.
Properties that failed to meet the requirements of the two programs are noted in the attached
resolution. Adoption of the attached resolution will declare the weeds, brush, and other
hazardous conditions on these properties to be a public nuisance and authorize the Santa Clara
County Department of Agriculture to conduct necessary abatement work to remove the nuisance.
The City Council may consider objections to remove properties from the nuisance declaration
and abatement order. Properties that remain on the adopted resolution will be abated by the Santa
Clara County Department of Agriculture contractor after July 8, 2018.
All properties listed in the nuisance declaration and abatement order adopted by the City Council
will be included in the City of Saratoga Weed Abatement Program List for calendar year 2019.
Weed Abatement Program
On February 28, 2018, the City sent notices to 48 owners on the Weed Abatement Program List
with information about the program requirements, deadlines,and fees (Attachment B). While all 74
properties in the City are subject to Weed Abatement requirements, only properties on the list are
inspected and subject to Weed Abatement Program fees. Properties must maintain 3 years of
consecutive compliance to be removed from the list.
Although the compliance deadline was initially set for April 15, late rains resulted in a number of
requests for extensions to the deadline. Consequently, County inspectors did field visits in May
and found a total of 11 properties that were non-compliant. A notice was sent to owners of non-
compliant properties on June 8, 2018 to inform owners of non-compliance and remind them of
the June 20, 2018 hearing (Attachment C).
Owners of properties that met program requirements at the time of inspection will not be subject
to any fees. Properties declared a public nuisance and included in the abatement order will be
subject to the following fees established by the County of Santa Clara:
$90 Initial Inspection Fee
$583 Failed Inspection Fee
If work is performed by the County contractor, property owners will be responsible for the
following fees established by the County of Santa Clara:
$576 Contract Work Fee
Actual Cost of Work (prices may vary depending on amount and type of work, such as disc
work, hand work, debris removal, etc.)
If the property is compliant with Weed Abatement Program requirements when the County
contractor arrives to perform work, the property owner will not be subject to the $576 Contract
Work Fee or Actual Cost of Work.
During the course of site visits, County inspectors also found several properties not on the Weed
Abatement Program List that did not meet Weed Abatement requirements. These properties have
been referred to the City’s Code Compliance Officer. If any of these properties are found non-
compliant with City Code and conditions are not corrected within the deadline set by the Code
Compliance Officer, in addition to any other remedies imposed by the City, they will be added to
the Weed Abatement Program List for the 2019 calendar year.
Brush Abatement Program Inspections
All properties in the City’s Wildland Urban Interface (WUI) area are subject to requirements of
the Brush Abatement Program, managed by the Santa Clara County Fire Department. This area
of the City has been identified as most susceptible to wildfire. The Fire Department sent notices
to owners or properties in the WUI to remind them of program requirements and the compliance
deadline (Attachment D).
Following the deadline, County Fire inspectors found 9 properties that failed to meet program
requirements. The County Fire Department sent a notice to these owners to inform them of non-
compliance and provide information about the June 20, 2018 public hearing (Attachment E). The
City also sent a supplemental letter on June 8, 2018 (Attachment F).
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Those properties identified as non-compliant with Brush Abatement requirements in the nuisance
declaration and abatement order will be subject to the following fees established by the County of
Santa Clara if abatement work is performed by the County Contractor:
$576 Contract Work Fee
Actual Cost of Work (prices may vary depending on amount and type of work, such as disc
work, hand work, debris removal, etc.)
If the property is compliant with Brush Abatement Program requirements when the County
contractor arrives to perform work, the property owner will not be subject to the $576 Contract
Work Fee or Actual Cost of Work.
Property Owner Bills & Assessments
In August, the City will issue itemized bills to property owners for applicable fees. On October 17,
2018 at 7:00 p.m. in the Civic Theater, the City Council will receive an itemized report of unpaid
bills for Weed Abatement Program and Brush Abatement Program expenses. The City Council
will also be asked to consider a resolution confirming assessments on these properties. Property
owners may raise objections to proposed assessments by writing to the City Council in advance of
the meeting or speaking during the meeting. Following the hearing, approved assessments will be
submitted to the County Tax Assessor to be applied to the property tax roll.
FISCAL STATEMENT:
The City of Saratoga contracts with the County of Santa Clara for assessing compliance with
Weed Abatement Program requirements and, where necessary, abating weeds that are a public
nuisance. Program fees are also established by the County of Santa Clara. The County of Santa
Clara will issue a bill to the City of Saratoga for all program costs. After paying the County of
Santa Clara, the City then issues bills to property owners of non-compliant parcels in accordance
with the fees established by the County of Santa Clara to recover a portion of program costs.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice regarding this public hearing was printed in the Saratoga News and posted at City Hall
on June 8, 2018. Several letters were also sent to owners of properties included in the attached
resolution. These letters are included in the Attachments.
ATTACHMENTS:
Attachment A – Resolution Declaring a Public Nuisance and Ordering Abatement
Attachment B – Annual Weed Abatement Program Notice
Attachment C – Weed Abatement Program Non-Compliance Notice
Attachment D – Annual Brush Abatement Program Notice
Attachment E – Brush Abatement Program Non-Compliance Notice
Attachment F – Brush Abatement Program Supplemental Letter from the City
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RESOLUTION 18-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION (WEEDS & BRUSH) TO BE A PUBLIC
NUISANCE ON SPECIFIED PROPERTIES AND ORDERING ABATEMENT TO
CORRECT THE NUISANCE
WHEREAS, hazardous vegetation, including weeds and brush, is growing in the City of
Saratoga upon certain streets, sidewalks, highways, roads, and private property; and
WHEREAS, the weeds, brush, and rubbish create a fire hazard and/or health hazard; and
WHEREAS, said weeds, brush, and rubbish constitute a public nuisance; and
WHEREAS, in Saratoga, the Weed Abatement Program and Brush Abatement Program
are the two programs that help prevent wildfires by reducing the amount of hazardous vegetation
and debris;
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves the following:
1. That weeds, brush, and/or rubbish that create a fire hazard and/or health hazard are a public
nuisance;
2. On February 28, 2018, the City of Saratoga sent notices to properties on the Weed
Abatement Program list informing owners of Weed Abatement Program requirements and
the April 15, 2018 deadline to comply with Weed Abatement Program requirements;
3. On March 5, 2018, the Santa Clara County Fire Department sent notices to property owners
in the Saratoga Wildland Urban Interface area informing owners of Brush Abatement
Program requirements and the deadline for compliance;
4. That a nuisance exists or recurs upon the streets, sidewalks, highways, roads, and private
property, noted by parcel number, on the attached report (“Report”);
5. The Report indicates whether a property failed to comply with Weed Abatement Program
or Brush Abatement Program requirements;
6. On June 8, 2018, the City of Saratoga sent notices to properties listed on the Report that
failed to meet Weed Abatement Program requirements to inform owners of non-
compliance and of this Council’s June 20, 2018 public hearing to consider declaring a
nuisance on those properties a nuisance and ordering abatement of that nuisance ;
7. The Santa Clara County Fire Department sent a notice to properties on the Report that
failed to meet Brush Abatement Program requirements to inform owners of non-
compliance and of this Council’s June 20, 2018 public hearing to consider declaring a
77
nuisance on those properties a nuisance and ordering abatement of that nuisance and the
City of Saratoga on June 8, 2018 sent a supplemental letter to these property owners ;
8. A notice regarding the public hearing to consider the nuisance declaration and order to
abate was printed in the Saratoga News and posted at City Hall on June 8, 2018;
9. Properties identified in the Report as not complying with Weed Abatement Program
requirements, are subject to a $90 Initial Inspection Fee and $583 Failed Inspection Fee;
10. The Santa Clara County Weed Abatement Program is hereby designated as the responsible
party to, and is directed to, cause abatement of the seasonal and recurring hazardous
vegetation (weeds and brush) nuisance on the properties identified in the Report;
11. All properties identified in the Report may be subject to a $576 Contract Work Fee and
actual cost of abatement work if the property is not compliant with Weed Abatement
Program or Brush Abatement Program requirements when the contractor designated by the
Santa Clara County Weed Abatement Program arrives to perform abatement work; and
12. All properties in the approved Report will be included in the 2019 Weed Abatement
Program List to be inspected for compliance with Weed Abatement Program requirements
and will remain on that list until inspections have determined compliance for three
consecutive years.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 20th day of June 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mary-Lynne Bernald, Mayor
ATTEST:
DATE:
Nora Pimentel, MMC
City Clerk
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WEED ABATEMENT PROGRAM & BRUSH ABATEMENT PROGRAM
NON-COMPLIANT PROPERTIES REPORT
NUMBER STREET STREET TYPE APN PROGRAM
21398 ARROWHEAD LN 366-06-027 WEED ABATEMENT
SUN VALLEY CT 386-17-055 WEED ABATEMENT
SARATOGA AV 386-17-056 WEED ABATEMENT
19110 DAGMAR DR 389-38-018 WEED ABATEMENT
14521 QUITO RD 397-05-028 WEED ABATEMENT
15401 VIA COLINA DR 397-09-004 WEED ABATEMENT
MT EDEN RD 503-13-039 WEED ABATEMENT
MT EDEN RD 503-13-067 WEED ABATEMENT
22122 MT EDEN RD 503-13-143 WEED ABATEMENT
PIERCE RD 503-15-019 WEED ABATEMENT
15120 QUITO RD 410-40-018 WEED ABATEMENT
21360 BLUE HILLS LN 366-06-025 BRUSH ABATEMENT
12327 FARR RANCH RD 366-49-024 BRUSH ABATEMENT
21301 DIAMOND OAKS CT 366-50-003 BRUSH ABATEMENT
12872 PHEASANT RIDGE RD 366-57-003 BRUSH ABATEMENT
12858 PHEASANT RIDGE RD 366-57-004 BRUSH ABATEMENT
20616 BROOKWOOD LN 503-23-053 BRUSH ABATEMENT
21281 GLENMONT DR 503-28-053 BRUSH ABATEMENT
21260 GLENMONT DR 503-28-057 BRUSH ABATEMENT
21328 LUMBERTOWN LN 503-55-044 BRUSH ABATEMENT
1008612.1
79
80
Properties that comply with Weed Abatement Program requirements by April 15 will not
be subject to fees or included in the nuisance declaration.
PUBLIC NUISANCE DECLARATION & ABATEMENT ORDER – JUNE 20, 2018:
On June 20, 2018 at 7:00 p.m. in the Civic Theater, the City Council will consider a
resolution to declare properties that failed to meet Weed Abatement Program
requirements by the April 15 deadline as a public nuisance and authorizing the Santa
Clara County Department of Agriculture to abate the nuisance or remove hazardous
vegetation.
Property owners may raise objections to the declaration by writing to the City Council in
advance of the meeting or speaking during the meeting.
Properties declared a public nuisance and included in the abatement order will be subject
to the following fees established by the County of Santa Clara:
$90 Initial Inspection Fee
$583 Failed Inspection Fee
NUISANCE ABATEMENT:
After the hearing, a contractor hired by the County Department of Agriculture will
perform necessary work to bring properties on the nuisance declaration and abatement
order into compliance with Weed Abatement Program requirements.
If work is performed by the County contractor, property owners will be responsible for
the following fees established by the County of Santa Clara:
$576 Contract Work Fee
Actual Cost of Work (prices may vary depending on amount and type of work,
such as disc work, hand work, debris removal, etc.)
If the property is compliant with Weed Abatement Program requirements when the
County contractor arrives to perform work, the property owner will not be subject to the
$576 Contract Work Fee or Actual Cost of Work.
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WEED ABATEMENT BILLS – AUGUST 2018:
In August, the City will issue itemized bills to property owners that did not comply with
Weed Abatement Program requirements by April 15 for:
• $90 Initial Inspection Fee
• $583 Failed Inspection Fee
• $576 Contract Work Fee (if applicable)
• Actual Cost of Work (if applicable)
Properties that comply Weed Abatement Program requirements by April 15, 2018 will
not be charged any fees.
ASSESSMENT HEARING – OCTOBER 17, 2018:
On October 17, 2018 at 7:00 p.m. in the Civic Theater, the City Council will receive an
itemized report of unpaid bills for Weed Abatement Program expenses. The City Council
will also be asked to consider a resolution confirming assessments on these properties.
Property owners may raise objections to proposed assessments by writing to the City
Council in advance of the meeting or speaking during the meeting.
Following the hearing, approved assessments will be submitted to the County Tax
Assessor to be applied to the 2019 property tax roll.
ABOUT WEED ABATEMENT:
In Saratoga, there are two programs that help prevent wildfire by reducing the amount
of flammable vegetation and debris. These programs are:
Weed Abatement Program managed by the City of Saratoga in partnership with
the County of Santa Clara via contract
Brush Abatement Program (Wildland Urban Interface Preparedness Inspection)
managed by the Santa Clara County Fire Department
All properties in Saratoga are subject to the requirements of the Weed Abatement
Program. The Brush Abatement Program only affects those properties in the Wildland
Urban Interface (WUI) area of the City, which is the part of the City at the greatest risk
for wildfire. Requirements for Brush Abatement are slightly different than the Weed
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Abatement Program. However, properties that comply with Weed Abatement
requirements generally also comply with Brush Abatement requirements.
For more information about these two programs, visit the City’s Weed and Brush
Abatement page at www.saratoga.ca.us/weed_brush. For information about the
requirements for the two programs, please refer to the enclosed summary of the Weed
and Brush Abatement Programs.
If you have any questions, please feel free contact me at 408.868.1269 or
cbothelio@saratoga.ca.us.
Sincerely,
Crystal Bothelio, Deputy City Manager
City of Saratoga
83
City of Saratoga
www.saratoga.ca.usCITY o f S A RATO
G
A
CALIF O R N IA1956
About the
City of Saratoga
CITY o f S ARATO
G
A
CALIF O R N IA1956
Weed & Brush Abatement
Reducing Wildfire Risk
in Saratoga
About Weed & Brush Abatement
In Saratoga, there are two programs that help protect
Saratoga from wildfire by requiring defensible space and
reducing vegetation and other debris that can fuel a fire:
• Weed Abatement Program managed by the City
of Saratoga in partnership with the Santa Clara
Department of Agriculture via contract
• Brush Abatement Program (Wildland Urban Interface
Preparedness Inspection) managed by the Santa Clara
County Fire Department
Program Criteria
Requirements for the Weed Abatement and Brush
Abatement Programs are shown on the inside of this
brochure. All properties in the City of Saratoga are
subject to Weed Abatement requirements. All properties
in the Wildland Urban Interface (WUI) area of the City are
subject to Brush Abatement requirements.
Weed Abatement Program List
The Weed Abatement Program List is a list of properties
that have been previously identified as out of compliance
with Program requirements. Only properties on the list
as of January 31 will be subject to fees and nuisance
declarations under the Weed Abatement Program during
that year.
Non-compliant properties identified based on complaints
or observations in the field will be inspected by the City
for compliance with the City Code. If the property is
found non-compliant and conditions are not corrected
within the deadline set by the Code Compliance Officer, in
addition to any other remedies imposed by the City, the
property will be added to the Weed Abatement Program
List for the following calendar year.
Properties that fail to meet Brush Abatement
requirements by the deadline set by the Santa Clara
County Fire Department and included in an abatement
order approved by the City Council will also be added
to the Weed Abatement Program List for the following
calendar year.
Properties will be removed from the list after achieving 3
consecutive years of compliance or by action of the City
Council.
Deadlines & Extensions
The Weed Abatement Program deadline is April 15.
Property owners may submit a request to extend the
Weed Abatement Program compliance deadline no
later than 3 business days before the deadline. Call the
City Manager’s Office at 408.868.1269 to request an
extension.
The Brush Abatement Program deadline is June 1. For
information about Brush Abatement Program extensions
call 408.378.4010.
Program Fees & Billing
Bills are established by the Santa Clara County
Department of Agriculture and issued by the City. Unpaid
bills will be assessed on subject properties and appear on
the following calendar year’s property tax roll.
Weed Abatement Program Fees
Initial Inspection Fee - $90: The fee covers costs
associated with data entry, file preparation, noticing,
boundary determination, and overhead. The fee is only
charged if a property fails initial inspection.
Second Inspection Fee - $583: Charged for properties
that fail the initial inspection and must be reinspected.
Weed Abatement & Brush Abatement Program Fees
Contract Work Fee - $576: Charged to properties if weed/
brush removal is done by the County’s contractor. This
fee is in addition to the costs to remove weeds/brush.
County Contractor Weed Abatement Work: Prices vary
depending on work type, which includes disc work,
handwork, flail mowing, loader work, dump truck, brush
work, debris removal, and dump fee.
Raising Objections
Separate City Council hearings are held prior to nuisance
declaration, abatement order, or assessment of fees
on subject properties (dates shown on the inside of
this brochure). Property owners may raise objections
at these hearings or by writing to the City Council in
advance of the hearing. City Council Meetings are held at
7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue,
Saratoga.
City of Saratoga, City Manager’s Office
408.868.1269
www.saratoga.ca.us/weed_brush
Santa Clara County Fire Brush Program
408.378.4010
www.sccfd.org/fire-prevention/fire-prevention-
overview
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Weed & Brush Abatement At a Glance
WEED & BRUSH ABATEMENT REQUIREMENTS
REQUIREMENTS:WEED ABATEMENT BRUSH ABATEMENT
Post clearly visible house address with numbers that are at
least 4 inches high on a contrasting background
Keep flammable vegetation 6 inches or less (excluding
ornamental vegetation), including the right-of-way next to
roadways
Remove dead leaves/branches from landscaping
Keep driveway (10 feet wide by 13.6 feet tall) clear of debris
and vegetation
Keep tree limbs at least 10 feet away from chimneys or
stovepipes
Remove pine needles and leaves from roofs, eaves, and
gutters
Remove combustible debris, like trash, wood, and dead
vegetation (does not include stacks of firewood and neatly
piled yard waste)
Remove tree branches and vegetation under eaves
Clear flammable vegetation (like dry weeds) 30 feet around
all structures
Cover chimney outlets or flues with a one-half inch mesh
spark arrester
Properties Equal to or Greater than 1 Acre: Clear flammable
vegetation 30 feet from property lines
Properties Greater than 5 Acres: Divide property into
segments of 5 acres or less with 30 foot fuel breaks cleared
of flammable vegetation
Properties in Very High Fire Hazard Severity Zone:
Create 100 feet of defensible space by clearing flammable
vegetation 30 feet around structures and a reduced fuel
zone for the remaining 70 feet or to the property line
Where are the WUI and fire hazard severity zones in the City? The WUI area is the part of the City at the
greatest risk for wildfire and primarily consists of the hillsides and nearby areas. Visit www.saratoga.ca.us/
weed_brush to see a map of the WUI and the different fire hazard severity zones.
What is defensible space? Defensible space decreases fuel for wildfires and provides an opportunity
for firefighters to effectively defend a structure from an oncoming wildfire. It includes removal of dead
vegetation, reduction of “ladder fuels” by thinning brush and limbing-up trees, and replacement of highly
flammable plants with fire-resistive plants.
WEED ABATEMENT 2018 TIMELINE
APR 15 COMPLIANCE DEADLINE
Deadline to meet Weed Abatement Program
requirements. Requests for extensions must be
submitted to the City no later than 3 business days
before the Compliance Deadline. Inspections start
April 16.
MAY 14 NON-COMPLIANCE LETTERS
The City will send letters to owners of non-
compliant properties to notify the owner of
the results of inspections and of the Public
Nuisance and Abatement Hearing, as well as costs
associated with non-compliance.
JUNE 20 NUISANCE DECLARATION & ABATEMENT
ORDER HEARING
City Council public hearing to consider a resolution
declaring non-compliant properties as a public
nuisance and authorizing removal of weeds/public
nuisance. Notice of hearing will be mailed at least
10 days prior to the hearing. Owners may request
that the City Council remove their property from
the nuisance declaration and abatement order.
After the hearing, the County contractor will
begin abatement work. If work is performed by
the County contractor, the property owner will
be responsible for the Contract Work Fee and
actual cost of work. The property owner will not
be subject to the Contract Work Fee or cost of
work if the property is compliant when the County
contractor arrives.
AUG WEED ABATEMENT BILLS
Bills for Weed Abatement Program fees will be
issued to subject property owners.
SEPT PAYMENT DUE
Deadline to submit payment to the City of
Saratoga for Weed Abatement Program fees.
OCT 17 ASSESSMENT PUBLIC HEARING
City Council hearing to consider a resolution
confirming assessments on properties for unpaid
bills. Owners may request that the City Council
remove their property from the assessment list.
85
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • www.saratoga.ca.us
COUNCIL MEMBERS:
Mary-Lynne Bernald
Manny Cappello
Rishi Kumar
Emily Lo
Howard Miller
June 8, 2018
Saratoga, CA 95070
Subject: Weed Abatement Program Notice of Non-Compliance –
APN
Nuisance Declaration & Abatement Order – June 20, 2018
Dear Property Owner,
You are receiving this letter, because your property is currently listed on the Weed Abatement
Program inspection list and was found non-compliant with Weed Abatement Program
requirements after the compliance deadline specified in the City’s February 28, 2018 notice to you
regarding weed abatement. Specifically, your property was non-compliant due to tall weeds,
grass, or hazardous vegetation. You are required to abate these conditions by July 8, 2018.
This letter explains the process what will be used by the City and the County Weed Abatement
Program in the coming months to ensure proper weed removal before the start of the fire season
and also explains steps you can take to comply with remaining program requirements, fees that
apply, as well as opportunities to object to the finding of non-compliance. This information
provided here is the same as described in the February 28, 2018 notice.
This letter describes the 2018 inspection and abatement process, program fees, and includes several key
dates you should know about. Please read it carefully.
PUBLIC NUISANCE DECLARATION & ABATEMENT ORDER – JUNE 20, 2018:
On June 20, 2018 at 7:00 p.m. in the Civic Theater, the City Council will consider a resolution to
declare properties that failed to meet Weed Abatement Program requirements by the compliance
deadline as a public nuisance and authorizing the Santa Clara County Department of Agriculture
to abate the nuisance or remove hazardous vegetation following the abatement deadline specified
above.
86
Property owners may raise objections to the declaration by writing to the City Council in advance
of the meeting or speaking during the meeting.
Properties declared a public nuisance and included in the abatement order will be subject to the
following fees established by the County of Santa Clara:
x $90 Initial Inspection Fee
x $583 Failed Inspection Fee
NUISANCE ABATEMENT:
After the abatement deadline specified above, a contractor hired by the County Department of
Agriculture will perform necessary work to bring properties on the nuisance declaration and
abatement order into compliance with Weed Abatement Program requirements.
If work is performed by the County contractor, property owners will be responsible for the
following fees established by the County of Santa Clara:
x $576 Contract Work Fee
x Actual Cost of Work (prices may vary depending on amount and type of work, such as
disc work, hand work, debris removal, etc.)
If the property is compliant with Weed Abatement Program requirements when the County
contractor arrives to perform work, the property owner will not be subject to the $576 Contract
Work Fee or Actual Cost of Work.
WEED ABATEMENT BILLS – AUGUST 2018:
In August, the City will issue itemized bills to property owners that did not comply with Weed
Abatement Program requirements for:
• $90 Initial Inspection Fee
• $583 Failed Inspection Fee
• $576 Contract Work Fee (if applicable)
• Actual Cost of Work (if applicable)
87
ASSESSMENT HEARING – OCTOBER 17, 2018:
On October 17, 2018 at 7:00 p.m. in the Civic Theater, the City Council will receive an itemized
report of unpaid bills for Weed Abatement Program expenses. The City Council will also be asked
to consider a resolution confirming assessments on these properties.
Property owners may raise objections to proposed assessments by writing to the City Council in
advance of the meeting or speaking during the meeting.
Following the hearing, approved assessments will be submitted to the County Tax Assessor to be
applied to the 2019 property tax roll.
ABOUT WEED ABATEMENT:
In Saratoga, there are two programs that help prevent wildfire by reducing the amount of
flammable vegetation and debris. These programs are:
x Weed Abatement Program managed by the City of Saratoga in partnership with the
County of Santa Clara via contract
x Brush Abatement Program (Wildland Urban Interface Preparedness Inspection) managed
by the Santa Clara County Fire Department
All properties in Saratoga are subject to the requirements of the Weed Abatement Program. The
Brush Abatement Program only affects those properties in the Wildland Urban Interface (WUI)
area of the City, which is the part of the City at the greatest risk for wildfire. Requirements for
Brush Abatement are slightly different than the Weed Abatement Program. However, properties
that comply with Weed Abatement requirements generally also comply with Brush Abatement
requirements.
For information about the requirements for the two programs, visit the City’s Weed and Brush
Abatement page at www.saratoga.ca.us/weed_brush.
If you have any questions, please feel free contact me at 408.868.1269 or cbothelio@saratoga.ca.us.
Sincerely,
Crystal Bothelio, Deputy City Manager
City of Saratoga
1003296.1
88
March 5, 2018
Dear Property Owner
The wildfires that raced across California in 2017 caused historic levels of death and destruction. It
was the worst fire season in our history. The outcome of these devastating wildfires left us with the
largest loss of life (44 civilians/3 firefighters), the greatest number of acres burned (1,248,606), and the
highest number of structures lost (over 10,000).
Last year we had an abundance of rain and found our reservoirs filled to capacity. Unfortunately,
one rainy season cannot cure the effects of 5 years of drought. Our forested landscape in the Santa
Cruz Mountains remains at risk with an abundance of dead and unhealthy vegetation. To sustain a
fire resilient community, we must depend on homeowners like you to take action in protecting your
property from a wildfire. Your efforts play a huge role in keeping not only your property safe, but the
community safe. It’s in everyone’s best interest!
Home survival is dependent on a coupled approach, which includes both defensible space
(vegetation selection and management, and location of other combustible materials on the property)
and the home’s construction (materials and design features). You cannot sufficiently harden your
home/building if you have poor defensible space, as the wildfire can burn directly to it. Similarly, if
you have great defensible space, but your building features are vulnerable to firebrands, you could
still lose your home as wind-blown embers may by-pass your defensible space.
Your property is located in the Wildland Urban Interface Area (WUI) and requires 30 feet of
defensible space (or to the property line) from all structures. Defensible space is the buffer created
around a structure where combustible vegetation’s been cleared, reduced or replaced. Creating and
maintaining this space, improves your home’s chances of surviving a wildfire.
Wildfires don’t have to be outside your front door for your property to be at risk. Airborne firebrands
from a wildfire can easily travel a mile and can become a significant threat to your home/structure or
other combustible fuels on your property. To help protect your property from wildfire damage,
please visit IBHS Research Center’s extensive testing and investigation of the impacts wildfires have
on building materials. https://disastersafety.org/wildfire/
Enforced Safety Regulations (Items 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.
89
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 & stove pipes; remove dead limbs hanging 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
x Create a noncombustible area a minimum of 5 feet from structures.
x Clear 10 feet around and 15 feet above fuels (e.g. woodpiles, lumber, scrap, etc.) Move
woodpiles as far away as possible from structures.
x Clear vegetation and other flammable material from underneath decks. Enclose elevated
decks with fire-resistive materials.
x Trees 18-feet or taller should be limbed up 6-feet from the ground. Provide additional vertical
clearance when trees have vegetation beneath it.
x 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.
x 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 9, 2018. Beginning the second
week of April, County Fire personnel will conduct 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 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 9, 2018. 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 starting June 1, 2018 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 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.
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Sincerely, yyyy
John Justice
Deputy Chief
Fire Prevention
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March 5, 2018
Dear Property Owner
The wildfires that raced across California in 2017 caused historic levels of death and destruction. It
was the worst fire season in our history. The outcome of these devastating wildfires left us with the
largest loss of life (44 civilians/3 firefighters), the greatest number of acres burned (1,248,606), and the
highest number of structures lost (over 10,000).
Last year we had an abundance of rain and found our reservoirs filled to capacity. Unfortunately,
one rainy season cannot cure the effects of 5 years of drought. Our forested landscape in the Santa
Cruz Mountains remains at risk with an abundance of dead and unhealthy vegetation. To sustain a
fire resilient community, we must depend on homeowners like you to take action in protecting your
property from a wildfire. Your efforts play a huge role in keeping not only your property safe, but the
community safe. It’s in everyone’s best interest!
Home survival is dependent on a coupled approach, which includes both defensible space
(vegetation selection and management, and location of other combustible materials on the property)
and the home’s construction (materials and design features). You cannot sufficiently harden your
home/building if you have poor defensible space, as the wildfire can burn directly to it. Similarly, if
you have great defensible space, but your building features are vulnerable to firebrands, you could
still lose your home as wind-blown embers may by-pass your defensible space.
Your property is located in the Very High Fire Hazard Severity Zone and requires 100 feet of
defensible space (or to the property line) from all structures. Defensible space is the buffer created
around a structure where combustible vegetation’s been cleared, reduced or replaced. Creating and
maintaining this space, improves your home’s chances of surviving a wildfire.
Wildfires don’t have to be outside your front door for your property to be at risk. Airborne firebrands
from a wildfire can easily travel a mile and can become a significant threat to your home/structure or
other combustible fuels on your property. To help protect your property from wildfire damage,
please visit IBHS Research Center’s extensive testing and investigation of the impacts wildfires have
on building materials. https://disastersafety.org/wildfire/
Enforced Safety Regulations (Items A-F)
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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 & stove pipes; remove dead limbs hanging 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
x Create a noncombustible area a minimum of 5 feet from structures.
x Clear 10 feet around and 15 feet above fuels (e.g. woodpiles, lumber, scrap, etc.) Move
woodpiles as far away as possible from structures.
x Clear vegetation and other flammable material from underneath decks. Enclose elevated
decks with fire-resistive materials.
x Trees 18-feet or taller should be limbed up 6-feet from the ground. Provide additional vertical
clearance when trees have vegetation beneath it.
x 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.
x 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 9, 2018. Beginning the second
week of April, County Fire personnel will conduct 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 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 9, 2018. 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 starting June 1, 2018 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 questions
regarding the safety compliance of your property, please contact our Fire Prevention Division at
(408) 378-4010 or 1-800-800-1793.
93
Thank you for your cooperation in helping to establish a fire-safe community.
Sincerely, yyyyy
John Justice
Deputy Chief
Fire Prevention
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PLACESTAMPHEREATTN: FIRE PREVENTIONSANTA CLARA COUNTY FIRE DEPARTMENT14700 WINCHESTER BLVD.LOS GATOS CA 95032-181895
3/($6(&203/(7($1'5(7851,QUHSO\WRWKHOHWWHU,UHFHLYHGFRQFHUQLQJWKHFOHDUDQFHRIKD]DUGRXVYHJHWDWLRQIURPVWUXFWXUHVSOHDVHEHDGYLVHG I have checked my property for KD]DUGRXVEUXVKvegetation clearance and believe that it
V inconformance withFire Code regulations. I understand that an inspection of my property may beconducted forverification of compliance.I am no longer WKHowner of thLV property.There are no structures on this property.,ZLOOUHPRYHWKHKD]DUGRXVEUXVKYHJHWHWDWLRQIURPDURXQGWKHVWUXFWXUHLQDFFRUGDQFHwithFire Code regulations no later than 01 June 20. , XQGHUVWDQG LI QRW FRPSOHWHG WKHDXWKRUL]HG contractor may enter the property and abatethe hazardous brushvegetation,ZLWKDOOFKDUJHVEHLQJplaced as a specialassessment against the property.I DXWKRUL]H WKH GHVLJQDWHGcontractor to enter theproperty and DEDWH WKHhazardous brushvegetation WRFRQIRUP ZLWK Fire Code regulations. I understandthat charges for such work willbeplaced as a special assessment against the property.I am uncertain as to what abatement work is necessary. I would like an inspection from SantaClara County Fire Department personnel advising me what work is needed to comply with FireCode regulations.Signature: _______________________________________________________________________Date: ______________________ Day Phone: ___________________________________________96
97
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Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVEN UE • SARATOGA, CAL IFORNIA 95070 • www.saratoga.ca.us
COUNCIL MEMBERS:
Mary-Lynne Bernald
Manny Cappello
Rishi Kumar
Emily Lo
Howard Miller
June 8, 2018
Subject: Brush Abatement Program Nuisance Declaration & Abatement Order – June 20, 2018
Dear Property Owner,
You are receiving this letter, because your property was found non-compliant with Brush
Abatement requirements by the Santa Clara County Fire Department. The Santa Clara County
Fire Department recently sent you a letter explaining that your property is non-compliant and
notifying you of a hearing before the City Council on June 20, 2018. A sample of this notice is
enclosed.
This letter provides further information about the June 20 City Council Public Hearing to consider
declaring properties that failed to meet Brush Abatement requirements as a public nuisance and
ordering nuisance abatement on those properties.
This letter describes the abatement process, fees, key dates you should know about, and Weed Abatement
Program. Please read it carefully.
PUBLIC NUISANCE DECLARATION & ABATEMENT ORDER – JUNE 20, 2018:
On June 20, 2018 at 7:00 p.m. in the Civic Theater, the City Council will consider a resolution to
declare properties that failed to meet Weed and Brush Abatement Program requirements by the
compliance deadline as a public nuisance and authorizing the Santa Clara County Department of
Agriculture to abate the nuisance in accordance with procedures specified by the Santa Clara
County Fire Department.
Property owners may raise objections to the declaration and abatement order by writing to the
City Council in advance of the meeting or speaking during the meeting.
WEED ABATEMENT PROGRAM:
Properties included in the nuisance declaration and abatement order on June 20 will also be
added to the City of Saratoga Weed Abatement Program List for calendar year 2019. Properties
on this list are inspected annually for compliance with Weed Abatement Requirements until
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achieving 3 consecutive years of compliance with Weed Abatement requirements. In addition to
annual inspections, properties on the Weed Abatement Program List may also be subject to
various fees established by the Santa Clara County Department of Agriculture.
All properties in Saratoga are subject to the requirements of the Weed Abatement Program.
However, only properties on the Weed Abatement Program List are inspected.
The attached brochure provides information about the 2018 Weed and Brush Abatement
Programs, including requirements, fees, and key dates.
NUISANCE ABATEMENT:
After the June 20 hearing, a contractor hired by the County Department of Agriculture will
perform necessary work to bring properties on the nuisance declaration and abatement order into
compliance with Brush Abatement Program requirements. Prior to directing the contractor to
your property the County Fire Department will conduct an additional inspection. If your
property is found to be in compliance at the time of the re-inspection or upon arrival of the
abatement contractor, no work will be done and no charges will be imposed. However, the
property will still be included in the 2019 Weed Abatement Program List.
If work is performed by the County contractor, property owners will be responsible for the
following fees established by the County of Santa Clara:
$576 Contract Work Fee
Actual Cost of Work (prices may vary depending on amount and type of work, such as
disc work, hand work, debris removal, etc.)
In August, the City will issue itemized bills to property owners for applicable fees.
ASSESSMENT HEARING – OCTOBER 17, 2018:
On October 17, 2018 at 7:00 p.m. in the Civic Theater, the City Council will receive an itemized
report of unpaid bills for Brush Abatement Program expenses. The City Council will also be asked
to consider a resolution confirming assessments on these properties.
Property owners may raise objections to proposed assessments by writing to the City Council in
advance of the meeting or speaking during the meeting.
Following the hearing, approved assessments will be submitted to the County Tax Assessor to be
applied to the property tax roll.
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MORE INFORMATION:
For more information about the Weed and Brush Abatement programs, visit the City’s Weed and
Brush Abatement page at www.saratoga.ca.us/weed_brush and review to the enclosed summary
of the Weed and Brush Abatement Programs.
If you have any questions, please feel free contact me at 408.868.1269 or cbothelio@saratoga.ca.us.
Sincerely,
Crystal Bothelio, Deputy City Manager
City of Saratoga
1008369.1
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City of Saratoga
www.saratoga.ca.usCITY o f S A RATO
G
A
CALIF O R N IA1956
About the
City of Saratoga
CITY o f S ARATO
G
A
CALIF O R N IA1956
Weed & Brush Abatement
Reducing Wildfire Risk
in Saratoga
About Weed & Brush Abatement
In Saratoga, there are two programs that help protect
Saratoga from wildfire by requiring defensible space and
reducing vegetation and other debris that can fuel a fire:
• Weed Abatement Program managed by the City
of Saratoga in partnership with the Santa Clara
Department of Agriculture via contract
• Brush Abatement Program (Wildland Urban Interface
Preparedness Inspection) managed by the Santa Clara
County Fire Department
Program Criteria
Requirements for the Weed Abatement and Brush
Abatement Programs are shown on the inside of this
brochure. All properties in the City of Saratoga are
subject to Weed Abatement requirements. All properties
in the Wildland Urban Interface (WUI) area of the City are
subject to Brush Abatement requirements.
Weed Abatement Program List
The Weed Abatement Program List is a list of properties
that have been previously identified as out of compliance
with Program requirements. Only properties on the list
as of January 31 will be subject to fees and nuisance
declarations under the Weed Abatement Program during
that year.
Non-compliant properties identified based on complaints
or observations in the field will be inspected by the City
for compliance with the City Code. If the property is
found non-compliant and conditions are not corrected
within the deadline set by the Code Compliance Officer, in
addition to any other remedies imposed by the City, the
property will be added to the Weed Abatement Program
List for the following calendar year.
Properties that fail to meet Brush Abatement
requirements by the deadline set by the Santa Clara
County Fire Department and included in an abatement
order approved by the City Council will also be added
to the Weed Abatement Program List for the following
calendar year.
Properties will be removed from the list after achieving 3
consecutive years of compliance or by action of the City
Council.
Deadlines & Extensions
The Weed Abatement Program deadline is April 15.
Property owners may submit a request to extend the
Weed Abatement Program compliance deadline no
later than 3 business days before the deadline. Call the
City Manager’s Office at 408.868.1269 to request an
extension.
The Brush Abatement Program deadline is June 1. For
information about Brush Abatement Program extensions
call 408.378.4010.
Program Fees & Billing
Bills are established by the Santa Clara County
Department of Agriculture and issued by the City. Unpaid
bills will be assessed on subject properties and appear on
the following calendar year’s property tax roll.
Weed Abatement Program Fees
Initial Inspection Fee - $90: The fee covers costs
associated with data entry, file preparation, noticing,
boundary determination, and overhead. The fee is only
charged if a property fails initial inspection.
Second Inspection Fee - $583: Charged for properties
that fail the initial inspection and must be reinspected.
Weed Abatement & Brush Abatement Program Fees
Contract Work Fee - $576: Charged to properties if weed/
brush removal is done by the County’s contractor. This
fee is in addition to the costs to remove weeds/brush.
County Contractor Weed Abatement Work: Prices vary
depending on work type, which includes disc work,
handwork, flail mowing, loader work, dump truck, brush
work, debris removal, and dump fee.
Raising Objections
Separate City Council hearings are held prior to nuisance
declaration, abatement order, or assessment of fees
on subject properties (dates shown on the inside of
this brochure). Property owners may raise objections
at these hearings or by writing to the City Council in
advance of the hearing. City Council Meetings are held at
7:00 p.m. in the Civic Theater at 13777 Fruitvale Avenue,
Saratoga.
City of Saratoga, City Manager’s Office
408.868.1269
www.saratoga.ca.us/weed_brush
Santa Clara County Fire Brush Program
408.378.4010
www.sccfd.org/fire-prevention/fire-prevention-
overview
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Weed & Brush Abatement At a Glance
WEED & BRUSH ABATEMENT REQUIREMENTS
REQUIREMENTS:WEED ABATEMENT BRUSH ABATEMENT
Post clearly visible house address with numbers that are at
least 4 inches high on a contrasting background
Keep flammable vegetation 6 inches or less (excluding
ornamental vegetation), including the right-of-way next to
roadways
Remove dead leaves/branches from landscaping
Keep driveway (10 feet wide by 13.6 feet tall) clear of debris
and vegetation
Keep tree limbs at least 10 feet away from chimneys or
stovepipes
Remove pine needles and leaves from roofs, eaves, and
gutters
Remove combustible debris, like trash, wood, and dead
vegetation (does not include stacks of firewood and neatly
piled yard waste)
Remove tree branches and vegetation under eaves
Clear flammable vegetation (like dry weeds) 30 feet around
all structures
Cover chimney outlets or flues with a one-half inch mesh
spark arrester
Properties Equal to or Greater than 1 Acre: Clear flammable
vegetation 30 feet from property lines
Properties Greater than 5 Acres: Divide property into
segments of 5 acres or less with 30 foot fuel breaks cleared
of flammable vegetation
Properties in Very High Fire Hazard Severity Zone:
Create 100 feet of defensible space by clearing flammable
vegetation 30 feet around structures and a reduced fuel
zone for the remaining 70 feet or to the property line
Where are the WUI and fire hazard severity zones in the City? The WUI area is the part of the City at the
greatest risk for wildfire and primarily consists of the hillsides and nearby areas. Visit www.saratoga.ca.us/
weed_brush to see a map of the WUI and the different fire hazard severity zones.
What is defensible space? Defensible space decreases fuel for wildfires and provides an opportunity
for firefighters to effectively defend a structure from an oncoming wildfire. It includes removal of dead
vegetation, reduction of “ladder fuels” by thinning brush and limbing-up trees, and replacement of highly
flammable plants with fire-resistive plants.
WEED ABATEMENT 2018 TIMELINE
APR 15 COMPLIANCE DEADLINE
Deadline to meet Weed Abatement Program
requirements. Requests for extensions must be
submitted to the City no later than 3 business days
before the Compliance Deadline. Inspections start
April 16.
MAY 14 NON-COMPLIANCE LETTERS
The City will send letters to owners of non-
compliant properties to notify the owner of
the results of inspections and of the Public
Nuisance and Abatement Hearing, as well as costs
associated with non-compliance.
JUNE 20 NUISANCE DECLARATION & ABATEMENT
ORDER HEARING
City Council public hearing to consider a resolution
declaring non-compliant properties as a public
nuisance and authorizing removal of weeds/public
nuisance. Notice of hearing will be mailed at least
10 days prior to the hearing. Owners may request
that the City Council remove their property from
the nuisance declaration and abatement order.
After the hearing, the County contractor will
begin abatement work. If work is performed by
the County contractor, the property owner will
be responsible for the Contract Work Fee and
actual cost of work. The property owner will not
be subject to the Contract Work Fee or cost of
work if the property is compliant when the County
contractor arrives.
AUG WEED ABATEMENT BILLS
Bills for Weed Abatement Program fees will be
issued to subject property owners.
SEPT PAYMENT DUE
Deadline to submit payment to the City of
Saratoga for Weed Abatement Program fees.
OCT 17 ASSESSMENT PUBLIC HEARING
City Council hearing to consider a resolution
confirming assessments on properties for unpaid
bills. Owners may request that the City Council
remove their property from the assessment list.
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SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Deputy City Manager
SUBJECT:Ordinance Establishing Regulations for Storage and Reporting Lost or
Stolen Firearms
RECOMMENDED ACTION:
Conduct a public hearing concerning the attached ordinance that would establish regulations for
storage of firearms in Saratoga residences and requirements for reporting lost or stolen firearms in
the City of Saratoga; and, introduce and waive the first reading of the ordinance and direct staff to
place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting
of the City Council.
SUMMARY:
If adopted, the attached ordinance would require firearms to be stored in a locked container or
disabled with a safety device listed in the California Department of Justice’s roster of approved
firearm safety devices when the firearms are not in the owner’s immediate possession while in a
Saratoga residence. Additionally, the ordinance would require lost or stolen firearms to be
reported to the Sheriff’s Office within 48 hours of realizing the firearms have been lost or stolen
if the owner lives in Saratoga or the loss or theft occurs in Saratoga.
BACKGROUND:
On May 16, 2018, the City Council directed staff to present an ordinance establishing
requirements for storage and reporting lost or stolen firearms for consideration at the June 20,
2018 City Council Meeting.
The ordinance is intended to prevent accidental shootings, as well as make law enforcement
aware of lost or stolen firearms as soon as possible. A 2018 Santa Clara County Public Health
Department report estimated that one in 10 adults in Santa Clara County keep a firearm in their
home. Furthermore, the Santa Clara County Public Health Department reported that 11 percent
of injury deaths in the County are due to firearm-related injuries, with an average of 81 deaths
per year resulting from firearms in the County from 2012 to 2016.
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A study conducted in 2018 published in the Journal of Urban Health estimated that 4.6 million
children in the United States live in a home with either a loaded or unlocked firearm. According
to the United States Centers for Disease Control, on average 7 children and teenagers are killed
by guns every day in the United States, including unintentional shootings. Approximately 20,000
children in the United States were killed or injured in accidental shootings between 2005 and
2014. An article published in 1999 in the Journal of American Medical Association revealed that
most youth fatal and non-fatal firearm injuries involved a weapon the came from the victim’s
home or from a friend or relative’s home. However, states with firearm storage requirements saw
68 percent fewer firearm suicides per capita than other states without storage regulations as
reported in a 2015 article in the American Journal of Public Health. Another study published in
the Journal of American Medical Association in 2005 also indicated that firearms that are stored
in a locked container or secured by a safety device resulted in fewer youth suicides and
unintentional injuries.
The United States Bureau of Alcohol Tobacco and Firearms (ATF) published that roughly
500,000 firearms are lost or stolen from homes in the United States every year. In Saratoga
alone, a total of 17 firearms were reported stolen between 2014 and 2017. A 2012 report from
the ATF called lost and stolen firearms a threat to public safety, as these weapons are often used
to commit violent crimes and sold to individuals that intend to commit a crime. A 2010 report
from Mayors Against Illegal Guns noted that far fewer trafficked guns originate from states with
requirements to report lost or stolen firearms.
Public Feedback
On May 29, 2018, the City held a community meeting on the proposed regulations to answer
questions and receive input. Roughly 25 people attended the meeting. Questions posed during
the meeting were incorporated into a frequently asked questions section on the City’s website.
Attendees expressed opinions both in support of and opposed to the proposed ordinance.
Concerns were raised about the need for local regulations in addition to national and state laws.
Attendees also expressed concerns about the ability of owners to quickly access their firearms, if
needed; the City’s future outreach on the new ordinance; and, enforceability of the ordinance.
Attendees in support shared their appreciation of the ordinance’s consideration. Speakers
advocated for a proactive approach to support safety throughout the community and in schools,
and to prevent firearm violence by reducing access to firearms by youth, criminals, and those
with mental health problems.
At the meeting, it was suggested to define the language, “in his or her immediate control and
possession” in the storage section of the ordinance. Additionally, a recommendation was made to
use consistent language within the storage and reporting sections of the ordinance to clarify that
the ordinance is enforceable only within the City of Saratoga. It was also suggested that the City
Council consider community education in place of a new regulation.
The City has received written communications on the ordinance (Attachment B). One of the
letters submitted on behalf of the California Rifle & Pistol Association, Inc. raised legal claims
concerning the Second and Fourth amendments to the U.S. Constitution and preemption under
state law. The Ninth Circuit Court of Appeal rejected a challenge under the Second
Amendment’s right to bear arms to a San Francisco ordinance similar to the proposed safety
device requirement. Although some members of the U.S. Supreme Court argued that the case
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should be reviewed, the decision and San Francisco’s ordinance were allowed to stand. The
Fourth Amendment limits searches of private properties; this means that law enforcement will
not be able to enter residents’ homes to monitor compliance with the ordinance without
following specific procedures required for any other investigation. With respect to preemption,
while no reported decision has specifically addressed the question of whether local ordinances
such as that before the Council are preempted, there is no state law expressly precluding local
regulation in this area and the courts are generally reluctant to find preemption where that is not
the case unless the local ordinance somehow requires residents to behave in a manner contrary to
that required by state law.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This notice advertising the public hearing for this ordinance was published in the Saratoga News
on June 8, 2018. Additionally, information about the May 29, 2018community meeting was shared
on the City of Saratoga website and Nextdoor account.
ATTACHMENTS:
Attachment A – Ordinance Establishing Regulations for Storage and Reporting Lost or Stolen
Firearms
Attachment B – Written Communications
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Page 1
DRAFT
ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADDING
CITY CODE ARTICLE 6-35 REGARDING STORAGE AND REPORTING OF
LOST/STOLEN FIREARMS
The City Council of the City of Saratoga finds that:
1. Firearm injuries have a significant adverse public health and safety impact nationally,
regionally, and locally.
2. A Santa Clara County Public Health Department report released in April 2018 state that
11% of injury deaths in Santa Clara County were due to firearms injuries. On average,
there were 81 deaths per year in the County resulting from firearm injuries from 2012 to
2016.
3. An estimated one in 10 adults in Santa Clara County keep a firearm in or around their
home in 2013 through 2014 according to a 2018 Santa Clara County Public Health
Department report.
4. Improperly stored or secured firearms may result in accidental firearm injuries or deaths,
particularly in homes with children, and are susceptible to theft.
5. In the City of Saratoga, 17 firearms were reported as stolen between 2014 and 2017.
6. Providing for safe storage of guns in homes and requiring a gun owner to report a stolen
or lost gun are sensible gun safety regulations because they are not unduly burdensome
for gun owners, they aid law enforcement officers in their duties, and they offer some
protection to all members of the community
7. The City Council of the City of Saratoga held a duly noticed public hearing on June 20,
2018, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
The City Council of the City of Saratoga does ordain as follows:
Section 1.Adoption.
The Saratoga City Code is hereby amended as set forth in Attachment A.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid,
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Page 2
DRAFT
the City Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the remaining
portions of this ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15060(c)(2),
15060(c)(3), and 15061(b)(3). CEQA applies only to projects which have the potential of causing
a significant effect on the environment. As here, 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 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on June 20, 2018 and was adopted by the
following vote on August 1, 2018.
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Mary-Lynne Bernald
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Nora Pimentel, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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DRAFT
Attachment A – Article 6-35 Firearms
Chapter 6 of the Saratoga Municipal Code is amended to adopt the Article set forth below:
Article 6-35 – Firearms.
6-35.010 Storage of Firearms in a Residence.
Except when carried on his or her person, or in his or her immediate control and possession, no
person shall keep a firearm (as defined in California Penal Code 16520 or as amended) in any
residence in Saratoga owned or controlled by that person unless the firearm is stored in a locked
container (as defined in California Penal Code 16850 or as amended) or the firearm is disabled
with a safety device that is listed on the California Department of Justice’s roster of approved
firearm safety devices.
6-35.020 Reporting Lost or Stolen Firearms.
Any person who owns or possesses a firearm (as defined in California Penal Code 16520 or as
amended) shall report the theft or loss of the firearm to Santa Clara County Sheriff’s office
within forty-eight (48) hours of the time he or she determined or reasonably should have known
that the firearm had been lost or stolen, whenever: (1) that person resides in the City of Saratoga;
or (2) the theft or loss of the firearm occurs in the City of Saratoga.
6-35.030 Violations.
The violation of any provision contained in this Article is hereby declared to be unlawful and
shall constitute an infraction, subject to the penalties as prescribed in Chapter 3 of this Code.
1002722.1
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1
Crystal Bothelio
From:City Council
Sent:Tuesday, May 22, 2018 6:01 AM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Tuesday, May 22, 2018 6:00:18 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Channing
Last Name Smith
Email Address
Phone Number
Address
City Saratoga
State CA
Zip Code 95030
Comments This is a great step toward a safer community. Thank you for
your courage and wisdom in considering it. I urge it passage.
May other cities follow your leadership!
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Crystal Bothelio
From:City Council
Sent:Tuesday, May 22, 2018 4:06 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Tuesday, May 22, 2018 4:04:20 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Chris
Last Name Vasquez
Email Address
Phone Number
Address
City Saratoga
State Ca
Zip Code 95070
Comments This is a great start. I totally support this legislation! If we could
ban grandfathered assault rifles and any associated hardware
that can make them automatic, if necessary that would be great
too!
Email not displaying correctly? View it in your browser.
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Crystal Bothelio
From:City Council
Sent:Tuesday, May 22, 2018 2:14 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Tuesday, May 22, 2018 2:12:10 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Judy
Last Name Goldman
Email Address
Phone Number
Address
City Saratoga
State CA
Zip Code 95070
Comments I support the proposed ordinance for firearm storage. Our city
should be a leader in promoting safety, and in particular
safeguarding our children. We should also work to prevent gun
violence that could result from lost or stolen firearms going
unreported.
Email not displaying correctly? View it in your browser.
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Crystal Bothelio
From:City Council
Sent:Wednesday, May 23, 2018 9:08 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Wednesday, May 23, 2018 9:06:42 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Steve
Last Name Siegel
Email Address
Phone Number
Address
City Saratoga
State California
Zip Code 95070
Comments Those of us whose family members have been affected by gun
violence realize the importance of doing everything possible to
minimize the possibility of accidental or purposeful gun
trajedies. The proposed firearm storage ordance is a common
sense gun safety proposal that should be adopted.
Email not displaying correctly? View it in your browser.
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Crystal Bothelio
From:City Council
Sent:Thursday, May 24, 2018 7:37 AM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Thursday, May 24, 2018 7:36:14 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Colin
Last Name Robinson
Email Address
Phone Number
Address
City Saratoga
State California
Zip Code 95070
Comments I think it is important to protect the Second Amendment, but I
believe this ordinance is sensible and logical to enhance safety
without infringing upon the rights granted in the Constitution. I
encourage the city council to pass this ordinance. Thank you!
Email not displaying correctly? View it in your browser.
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Crystal Bothelio
From:City Council
Sent:Thursday, May 24, 2018 11:41 AM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Gun Safety
________________________________________
From: Dianne Bowman
Sent: Thursday, May 24, 2018 11:40:12 AM (UTC‐08:00) Pacific Time (US & Canada)
To: City Council
Subject: Gun Safety
City Council Members:
The proposed ordinances concerning gun safety in our community certainly lie in the right direction and are minimal
measures needed to ensure the safety of the public. We join with other concerned citizens in asking your support of
these proposals.
David & Dianne Bowman
Saratoga, CA
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Crystal Bothelio
From:City Council
Sent:Thursday, May 24, 2018 8:40 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Thursday, May 24, 2018 8:38:37 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name David
Last Name Birnbaum
Email Address
Phone Number Field not completed.
Address
City Saratoga
State California
Zip Code 95070
Comments I support the two city ordinances regarding the storage and
reporting of lost / stolen firearms
Email not displaying correctly? View it in your browser.
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1
Crystal Bothelio
From:City Council
Sent:Saturday, May 26, 2018 8:58 AM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Saturday, May 26, 2018 8:56:25 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Steve
Last Name Siegel
Email Address
Phone Number
Address
City Saratoga
State California
Zip Code 95070
Comments I corrected typos from previously submitted comments: Those
of us whose family members have been affected by gun
violence realize the importance of doing everything possible to
minimize the possibility of accidental or purposeful gun
tragedies. The proposed firearm storage ordnance is a
common sense gun safety proposal that should be adopted.
Email not displaying correctly? View it in your browser.
117
1
Crystal Bothelio
From:City Council
Sent:Saturday, May 26, 2018 10:23 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Saturday, May 26, 2018 10:21:54 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Susan
Last Name Levin
Email Address
Phone Number
Address
City Saratoga
State CA
Zip Code 95070
Comments These seem very sensible measures and I strongly support
both of them.
Email not displaying correctly? View it in your browser.
118
1
Crystal Bothelio
From:City Council
Sent:Saturday, May 26, 2018 10:42 AM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Gun Storage ordnance a waste
________________________________________
From: RC Guy
Sent: Saturday, May 26, 2018 10:40:29 AM (UTC‐08:00) Pacific Time (US & Canada)
To: City Council
Subject: Gun Storage ordnance a waste
Why is the City getting involved in an area already extensively covered by State and Federal laws? There doesn't seem
to be anything unique about Saratoga's situation that requires exceptional consideration.
The State of California already has "Criminal Storage" laws.
https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/pdf/cfl2016.pdf
"Criminal Storage “Criminal storage of firearm of the first degree” – Keeping any loaded firearm within any premises that
are under your custody or control and you know or reasonably should know that a child (any person under 18) is likely to
gain access to the firearm without the permission of the child’s parent or legal guardian and the child obtains access to
the firearm and thereby causes death or great bodily injury to himself, herself, or any other person . (Pen . Code, §
25100, subd . (a) .) “Criminal storage of firearm of the second degree” – Keeping any loaded firearm within any premises
that are under your custody or control and you know or reasonably should know that a child (any person under 18) is
likely to gain access to the firearm without the permission of the child’s parent or legal guardian and the child obtains
access to the firearm and thereby causes injury, other than great bodily injury, to himself, herself, or any other person,
or carries the firearm either to a public place or in violation of Penal Code section 417 . (Pen . Code, § 25100, subd . (b) .)
Neither of the criminal storage offenses (first degree, second degree) shall apply whenever the firearm is kept in a
locked container or locked with a locking device that has rendered the firearm inoperable . (Pen . Code, §
25105 .) "
Criminal storage laws are generally ineffective because there is no way to monitor compliance until after the fact. If
something horrible happened in an after the fact situation, the penalties are incidental and minor compared to those for
the actual crime. If nothing horrible happened, say the police noticed a handgun on a nightstand while doing a "health
and welfare" check on an older person with no children in the house, then you've criminalized a citizen's behavior that is
reasonable for their situation when nothing else happened.
The Democratic Governor of the State of California, a strong gun control advocate, has vetoed required firearm
reporting laws at least twice because responsible people report lost/stolen firearms and irresponsible people don't.
Speed limits don't prevent speeding, they only penalize those who get caught, which is only after the fact.
Connecticut and NY banned so‐called "assault weapons" and required registration of existing ones. The actual
registration rate was about 10‐15% of the estimated firearms meeting the stated criteria. These are "feels good to do
something" laws that only add to the already excessive volume of laws that encourage citizens to disrespect the laws. 119
2
Finally, if these laws are added, then the City may have to waste money defending them in court. There are better uses
for these funds in the City. There is no benefit to adding these laws to the municipal code.
Yin Shih
Saratoga
120
1
Crystal Bothelio
From:City Council
Sent:Tuesday, May 29, 2018 11:20 AM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Tuesday, May 29, 2018 11:18:43 AM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Joe
Last Name Wagner
Email Address
Phone Number
Address
City Saratoga
State CA
Zip Code 95070
Comments Good day. I have a couple of questions regarding the proposed
ordinance changes. My apologies in advance if the information
I'm requesting was contained somewhere in the "Proposed
Firearm Storage Ordinance", but I couldn't find it. 6-35.010
Storage of Firearms in a Residence - What problems are these
changes intended to solve, and how do the changes solve
them? - How will the ordinance changes be enforced? - "... or
in his or her immediate control and possession": is this a 121
2
function of proximity, or some other definition? - If the firearm is
in the drawer of an unlocked nightstand, and not disabled, does
that violate the proposed changes - If I own a rental property
outside of Saratoga, will I be expected to enforce these storage
requirements? I ask that, because the "6-35.020 Reporting Lost
or Stolen Firearms" changes specifically mention Saratoga,
and "6-35.010 Storage of Firearms in a Residence" does not.
6-35.020 Reporting Lost or Stolen Firearms - What problems
are these changes intended to solve, and how do the changes
solve them? - How will the ordinance changes be enforced? -
California has a law requiring the reporting of lost or stolen
firearms within 5 days. Why is this considered inadequate?
Thanks for your time. Regards, Joe Wagner
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122
1
Crystal Bothelio
From:City Council
Sent:Thursday, May 31, 2018 12:20 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Thursday, May 31, 2018 12:19:01 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name Erik
Last Name Swanson
Email Address
Phone Number Field not completed.
Address
City Saratoga
State California
Zip Code 95070
Comments I am a pastor at Westhope and I think that this is fantastic that
the City Council is willing to work to keep us safe! Well done!
Please keep going and push forward with firearm safety
measures that address the fears in the public and in the
schools. Many of my parishioners are in support of this as well.
I support you fully. Thank you!!
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123
1
Crystal Bothelio
From:City Council
Sent:Thursday, May 31, 2018 12:36 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Online Form Submittal: Proposed Firearm Storage Ordinance
From: noreply@civicplus.com
Sent: Thursday, May 31, 2018 12:34:33 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Online Form Submittal: Proposed Firearm Storage Ordinance
Proposed Firearm Storage Ordinance
Please share your feedback on the proposed ordinance for storage and reporting
lost/stolen firearms . All comments will be provided to the Saratoga City Council for
consideration at the June 20 City Council meeting. You can also share your input at
the Community Meeting on Monday, May 29 at 7:00 p.m. in the Joan Pisani
Community Center Multipurpose Room, 19655 Allendale Avenue.
First Name The Rev. Kathey
Last Name Crowe
Email Address
Phone Number
Address
City Saratoga
State CA
Zip Code 95070
Comments I have read the proposal and while the suggested approach is
most reasonable, I am not sure how it would be enforced?
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124
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Crystal Bothelio
From:City Council
Sent:Saturday, June 02, 2018 12:16 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Firearm storage and reporting
From: Annette Ladowitz
Sent: Saturday, June 02, 2018 12:14:04 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Firearm storage and reporting
Dear Mayor Bernald and city council members
Thank you for holding the community meeting this week and continuing to model respectful listening to
differing viewpoints. I truly value this important demonstration of how democracies work.
I am asking you to please approve and vote yes to both the proposed sections 1-requiring safe storage and 2-
reporting lost of stolen firearms within 48 hours.
Thank you for serving us all and working to continue keeping Saratoga as one of the 50 safest cities in the
country.
Annette Ladowitz
Saratoga
Licensed Clinical Social Worker
Teacher, pubic schools MS education
Member Safe Cities Coalition
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Crystal Bothelio
From:City Council
Sent:Monday, June 04, 2018 1:21 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Firearms safety.
From: Encarna Panadero
Sent: Monday, June 04, 2018 1:19:05 PM (UTC-08:00) Pacific Time (US & Canada)
To: City Council
Subject: Firearms safety.
Please vote Yes for the Saratoga proposed firearms storage ordinance on June20 2018.
Sent from Yahoo Mail on Android
126
1
Crystal Bothelio
From:City Council
Sent:Monday, June 04, 2018 12:40 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Gun Safety
________________________________________
From: Steve Ladowitz
Sent: Monday, June 04, 2018 12:39:17 PM (UTC‐08:00) Pacific Time (US & Canada)
To: City Council
Subject: Re: Gun Safety
> On Jun 4, 2018, at 12:37 PM, Steve Ladowitz wrote:
>
> vote Yes for proposed firearm storage ordinance
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1
Crystal Bothelio
From:City Council
Sent:Monday, June 04, 2018 12:39 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: Gun Safety
________________________________________
From: Steve Ladowitz
Sent: Monday, June 04, 2018 12:37:56 PM (UTC‐08:00) Pacific Time (US & Canada)
To: City Council
Subject: Gun Safety
vote Yes for proposed firearm storage ordinance
128
1
Crystal Bothelio
From:City Council
Sent:Monday, June 04, 2018 12:48 PM
To:Howard Miller; Manny Cappello; Emily Lo; Mary-Lynne Bernald; Rishi Kumar; James
Lindsay; Crystal Bothelio; Nora Pimentel
Subject:FW: GUN SAFETY
________________________________________
From: Steve Ladowitz
Sent: Monday, June 04, 2018 12:46:38 PM (UTC‐08:00) Pacific Time (US & Canada)
To: City Council
Subject: GUN SAFETY
Vote Yes for the proposed Saratoga firearm storage ordinance
Steve Ladowitz
Saratoga 95070
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133
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SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:Public Works Department
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Saratoga-to-the-Sea Trail Partnership Agreement with Midpeninsula
Regional Open Space District
RECOMMENDED ACTION:
Approve Partnership Agreement with Midpeninsula Regional Open Space District for the
Saratoga-to-the-Sea Trail project and authorize the City Manager to execute the same.
BACKGROUND:
In April of 2017, the City reached out to the Midpeninsula Regional Open Space District
(District)to request Measure AA funding for the Saratoga-to-Sea Trail project. The project was
identified in Portfolio #18:South Bay Foothills: Saratoga-to-Sea Trail and Wildlife Corridor of
the Measure AA bond ordinance, which includes $1.365 million to “protect wildlife corridor
along Highway 9; connect trail to Saratoga-to-Sea Trail and Skyline-to-Sea Trail.” The regional
significance of this trail project was also highlighted in the Top 25 Priority Actions in the
District’s 2014 Open Space Vision Plan.
The conceptual-level cost estimate for the 3-mile trail construction was estimated at $3.5 million,
due to multiple clear span bridge crossings and steep terrain that would be challenging for
contractors to access. Based on this estimate, the City requested $260,000 of the estimated
$350,000 cost for the design and environmental phase. The remaining $90,000 was reserved in
the City’s budget for a local match.
Subsequently, the City’s request was approved by District Board of Directors and the amount of
$265,000 was reserved in their budget for FY 2018-19. An additional $5,000 was requested by
District staff for their time on the project.
Partnership Agreement
On May 30th of this year, the District’s Action Plan and Budget Committee recommended that
the Board of Directors approve the Partnership Agreement. The Board is scheduled to approve
the agreement at their June 27th regular meeting. The Partnership Agreement was developed
over the last few months with input from both agencies. 135
The key provisions of the Partnership Agreement are as follows:
District will provide $265,000 for the design and environmental phase of the project
District will provide technical support for the project
Three year term for the City to complete the design and environmental phase
Project design will conform to District guidelines
Acknowledges that the City will continue to pursue funds to complete the remaining
phases of work
If the Partnership Agreement is approved, the City will take the lead on hiring a professional
design team. The goal is to complete the design and environmental work in approximately one
year.
ATTACHMENTS:
Attachment A – Partnership Agreement
Attachment B – Saratoga-to-the-Sea Site Map
136
137
138
139
140
141
142
143
SITE MAP
QUARRY PARK - SANBORN CONNECTOR TRAIL
FIGURE 1
Job: PW-SARATOGA TO SEA-685
Date: 3/8/2015
TIMOTHY C. BEST, CEG
1002 Columbia Street, Santa Cruz, CA 95060(831) 425 5832 (831) 425 5830 (fax)
ENGINEERING GEOLOGY AND HYDROLOGY
à
à
à
Sa
r
atoga CreekCongress Sp
rings CreekCongress Springs CreekHighway 9
QUARRYPARK
SAN JOSEWATERCOMPANY
WINERY(privateproperty)
SANBORNCOUNTYPARK
SANBORNCOUNTYPARK 1650700
600
1500
15
5
0
750
14001600 20001
6
5
0 140
0
1600
700
1650
1850
1850 115012501100
185
0
1800
120
0 165018001950700
1
9
0
012001250185
01600
13
0
0
11
5
0 13501400
600
145
0
1
8
0
015001550
175
0
17
0
065070075016501600
800
8501300
1350950
125014009001000
1050
14501100
150015501200 11
5
0
´0 500 1,000
Feet
NEW TRAIL CONSTRUCTION
New
Routed on old overgrown roadàProposed BridgeTRAIL FOLLOWING EXISTING ROAD
San Jose Water Company
Winery - private property
Sandborn Park
ROADS
Highway
Paved
Dirt
STREAMS
Ephemeral
Intermittent
Perennial
GEOLOGIC HAZARDS
Steep slopes (>70%)
Deep-seated landslide
PARCEL
QUARRY PARK
SANBORN PARK
WINERY (private property)
SAN JOSE WATER COMPANY
144
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2018
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Deputy City Manager
SUBJECT:Report on Flavored Tobacco Regulations
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
BACKGROUND:
At the City Council Retreat on February 16, 2018, the Saratoga City Council requested that staff
provide an informational report on flavored tobacco regulations. Flavored tobacco includes any
tobacco-based product with added flavor, like mint, cherry, or bubblegum. Examples of flavored
tobacco products include electronic cigarettes, menthol or flavored chewing tobacco, menthol
cigarettes, bidis, hookah tobacco, and cigarillos. There are currently 5 authorized tobacco
retailers in the City of Saratoga.
Many public health advocates argue that flavored tobacco products serve as a gateway to
smoking for both teens and adults. Flavoring these products can make them easier to inhale and
less irritating to the throat. Furthermore, flavored products, particularly electronic cigarettes, are
often produced in flavors that appeal to children and young adults, such as cookies and cream,or
strawberry milkshake. Not only are these products addictive, but nicotine can have negative
impacts on the development of adolescent brains.
Public health advocates are also concerned with how discreet some electronic smoking devices
are. Some devices are very small and do not look like common electronic smoking devices,
making it hard for parents or others to curb smoking behaviors. More information about these
devices is included in Attachments C and D.
According to an article published by the Centers for Disease Control and Prevention (CDC) in
2017, more than 9 out of 10 adults between 18 and 25 years of age have used flavored products.
Furthermore, 8 out of 10 children between the age of 12 and 17 that use electronic cigarettes
report using flavored electronic cigarettes. Young adults (18 to 25 years) shared that they used
electronic cigarettes out of curiosity, for the taste, and because they believed electronic cigarettes
are harmless. Additionally, the CDC reported that many young adults that use electronic
cigarettes also smoke traditional cigarettes. 145
In 2009, federal law (Family Smoking Prevention and Tobacco Control Act) prohibited the sale
of cigarettes flavored with fruit, candy, and clove flavors in the United States (not including
menthol). This federal law only applies to flavored cigarettes, not other tobacco products.
As a result of concerns regarding use of flavored tobacco, communities across the United States
have adopted restrictions or bans on the sale of flavored tobacco products. Santa Clara County
has limited the sale of flavored tobacco products to adult-only (age 21 and older) tobacco shops
in unincorporated areas of the County. Similar rules have been adopted in Los Gatos, Palo Alto,
and Oakland. Other communities, including Berkeley, Contra Costa County, and Hayward, have
prohibited the sale of flavored tobacco products near schools.
The City and County of San Francisco has prohibited the sale of all flavored tobacco products.
This ban was the subject of a referendum that was considered by voters in San Francisco on June
5, 2018. Voters upheld the ban, with 68 percent of voters in favor. According to news reports on
the referendum, one tobacco company contributed almost $12 million to the campaign to
overturn the ban on flavored tobacco.
Like San Francisco, El Cerrito, San Leandro, and Yolo County have also prohibited sale of
flavored tobacco. Alternatively, Novato and Sonoma have prohibited sale of flavored tobacco,
not including menthol. A matrix showing flavored tobacco regulations adopted in California
prepared by the Santa Clara County Public Health Department is included in Attachment A.
Also provided in the Attachments is a report from Breathe California that includes the results of
a public opinion poll conducted in Saratoga on flavored tobacco. Breathe California found that
81 percent of surveyed residents are in favor of a ban on electronic cigarettes and 89 percent are
in favor of a ban on menthol and flavored cigarillos and chewing tobacco.
ATTACHMENTS:
Attachment A – Flavored Tobacco Regulations Matrix
Attachment B – Breathe California Report, Flavored Tobacco Reports are Dangerous to Youth
Attachment C – CDC E-Cigarette Fact Sheet
Attachment D – Campaign for Tobacco-Free Kids Report, JUUL and Youth: Rising E-Cigarette
Popularity
146
California Flavored Tobacco and Menthol Cigarette Policy Matrix Updated 4/9/18
Jurisdiction Extent of Policy
Products
Covered by
Policy
Menthol
Included Effective Date Exemptions Notes Enforcement Grandfathering
Berkeley
Municipal
Code Chapter
9.80
Prohibits the sale of flavored
tobacco products, including
menthol cigarettes, within a 600
foot buffer zone of a school (public
and private K-12 with at least 25
students enrolled)
All flavored
tobacco
products,
including e-
cigarettes and
menthol
cigarettes
Yes Adopted:
September
2015
Effective:
January 2017
Only applies to retailers
located within 600 feet of
schools
Medical cannabis
dispensaries are not
required to have a tobacco
retail license (TRL) to sell
electronic smoking
devices (ESD's) or other
tobacco paraphernalia if
not accompanied by any
tobacco product
No new TRLs may be issued to a pharmacy or renewed by a
pharmacy
No new TRLs may be issued within 600 feet of school
Environmental Health staff is responsible for
enforcement
Upon a finding by the City of a license violation
within any five-year period, the license may be
suspended for up to 30 days for a first violation,
90 days for a second violation, 1 year for a third
violation, and revoked upon the fourth violation
No
Cloverdale
Municipal
Code Chapter
8.08
Prohibits the sale of all flavored
tobacco products (with the
exception of menthol) within the
city limits.
All flavored
tobacco
products,
including e-
cigarettes
No Adopted:
December 12,
2017
Effective:
Menthol cigarettes and
other tobacco products are
not included in the
restrictions
Smoking is prohibited in enclosed places of employment, public
places, sports arenas, and multi-unit residence common areas;
and unenclosed places of employment, recreational areas,
service areas, outdoor dining areas, public places, and
multifamily residence common areas.
No tobacco retailers shall sell any single cigar, any package of
cigars containing fewer than five cigars (does not apply to the
sale of single cigars if the price exceeds $5)
Pharmacies may not sell tobacco products
Any person or business that violates the
provisions of this chapter shall be guilty of an
infraction, publishable by:
1. A fine not exceeding $100 for a first
violation
2. A fine not exceeding $200 for a second
violation within one year
3. A fine not exceeding $500 for each
additional violation within five years
No
Contra
Costa
County
Ordinance No.
2017-01
Prohibits the sale of flavored
tobacco products, including menthol
cigarettes, within 1,000 feet of
schools (public and private), parks,
playgrounds and libraries in the
unincorporated areas of the county
All flavored
tobacco
products,
including e-
cigarettes and
menthol
cigarettes
Yes Adopted:
July 18, 2017
Effective:
August 17,
2017
Enforced:
January 1,
2018
Only applies to retailers
within 1,000 feet of
schools, parks,
playgrounds and libraries
Part of a larger set of restrictions on tobacco sales and retailers
in the unincorporated areas of the county, which also includes:
A prohibition on the sale of all flavored tobacco
products, including menthol cigarettes, within 1,000
feet of schools, parks, playgrounds and libraries
A prohibition on the sale of tobacco products in
pharmacies
A minimum pack size of 10 for little cigars and
cigarillos, unless the sales price of one cigar is over $5
No new tobacco retail licenses will be granted to
businesses located within 1,000 feet of schools, parks
playgrounds or libraries, or within 500 feet of another
business that sells tobacco
A cap on the total number of tobacco retailers
A requirement that tobacco retailers comply with
storefront signage laws and drug paraphernalia laws
under the tobacco retailer license
A tobacco retailers license may be suspended for
up to 30 days for a first violation, up to 90 days
for a second violation that occurs within five
years after the first violation, and for up to one
year for a third violation and for each subsequent
violation that occurs within five years after the
first violation
No
147
California Flavored Tobacco and Menthol Cigarette Policy Matrix Updated 4/9/18
Jurisdiction Extent of Policy
Products
Covered by
Policy
Menthol
Included Effective Date Exemptions Notes Enforcement Grandfathering
El Cerrito
Ordinance No.
2015–08
Prohibits the sale of all flavored,
non-cigarette tobacco products,
including menthol non-cigarette
tobacco products, within the city
limits
All flavored
non-cigarette
tobacco
products,
including e-
cigarettes,
including
menthol non-
cigarette
tobacco
products
(excludes
menthol
cigarettes)
Yes
(only for
non-
cigarette
tobacco
products)
Adopted:
October 2015
Effective:
January 1,
2018
Menthol cigarettes are not
included in the restrictions
Existing retailers have a two-year grace period to comply with
the ordinance
No new licenses may be issued to authorize tobacco retailing
within five hundred (500) feet of schools, youth sensitive
locations (parks and playgrounds, libraries), residential zones,
or other tobacco retailers. Tobacco retailers already in
operation are exempt
Single cigar sales prohibited, a package of cigars must have at
least 5 cigars (except single cigars over $5)
Tobacco samples & coupons prohibited (except as allowed in
adult-only businesses per state and federal law)
Self-service displays of tobacco products prohibited
Hookah lounges, cigar lounges, vape shops, or similar
establishments are prohibited within the city limits
New tobacco retailers may not operate as a “Significant
Tobacco Retail Establishment” (use over 20% of the store
display area for or derive over 50% of gross sales receipts from
tobacco products or smoking paraphernalia); existing tobacco
retailers may seek an exception
Required TRL has a $485 initial fee and a $439
annual renewal fee
The annual license fee is intended to cover the
actual costs for the City to conduct compliance
checks and enforcement operations, issue annual
licenses and administer the program overall.
Compliance is monitored and enforced by the
City’s Community Development Department, in
conjunction with the El Cerrito Police
Department. Compliance checks conducted at
least once every 12 months
Community Development Director, Chief of
Police has right to enter and inspect tobacco
retailers
TRL may be suspended or revoked accordingly
for violations within a 5 year period: 10 days for
first violation; 30 days for second violation; 60
days for third violation; additional penalties for
selling tobacco at retail without a valid TRL
Penalty of $250-$1000 fine per violation
Existing establishments
within a certain distance
of schools, youth
sensitive areas and other
tobacco retailers are
allowed to continue to
sell flavored tobacco
products until January
1, 2018 but they must
comply with all other
TRL requirements
Hayward
Municipal
Code Sec. 10-
1.2780
See also
Frequently
Asked
Questions
found here
Prohibits the sale of flavored
tobacco products within a 500-foot
buffer zone of schools (public and
private kindergarten, elementary,
middle, junior high or high school)
for new tobacco retailers
(established after the passage of this
policy)
All flavored
non-cigarette
tobacco
products,
including e-
cigarettes and
menthol non-
cigarette
tobacco
products
(excludes
menthol
cigarettes)
Yes
(only for
non-
cigarette
tobacco
products)
Adopted:
July 1, 2014
Effective:
August 1,
2014
Menthol cigarettes are not
included in restrictions.
Retailers that sold
products before
provisions took effect are
exempt
Restrictions only apply to
retailers within 500 feet of
schools
Prohibits sale of single cigars under $5 or cigar packages
containing fewer than 5 cigars
No new tobacco retailers or new sales of flavored tobacco
within 500 feet of a public or private K-12 school
Vapor bars, lounges, smoking device bars, electronic smoking
device lounges, and hookah bars and lounges are prohibited in
all zoning districts
Regulations are enforced by the City’s Planning
Director, in conjunction with the City’s Code
Enforcement Division and the Hayward Police
Department
The Code Enforcement Supervisor will conduct
a compliance check visit to each Tobacco Retail
Sales Establishment at least once per 12 month
period
Any Tobacco Retail Sales Establishment that
violates regulations in ordinance three times
within a three-year period shall be subject to
revocation of its tobacco retail license and/or its
conditional use permit
Retailers selling
flavored tobacco
products prior to the
ordinance effective date
are exempt
148
California Flavored Tobacco and Menthol Cigarette Policy Matrix Updated 4/9/18
Jurisdiction Extent of Policy
Products
Covered By
Policy
Menthol
Included
Effective
Date Exemptions Notes Enforcement Grandfathering
Los Gatos
Ordinance No.
2259
Limits the sale of flavored tobacco
products, including menthol
tobacco products and cigarettes, to
adult-only tobacco stores
All flavored
tobacco
products,
including e-
cigarettes and
menthol
cigarettes
Yes Adopted:
May, 16 2017
Effective:
January 1,
2018
Revised ordinance
exempts adult-only
tobacco stores which
generate over 60% of
gross income from
tobacco sales and tobacco
paraphernalia, do not
allow minors, do not sell
food or beverages, and
post a sign outside saying
that minors are prohibited
TRL language is a replica of the Santa Clara County TRL
Prohibits the sale or transfer of tobacco products to anyone
under the age of 21 (no exemption for military personnel)
Prohibits the sale of tobacco products in pharmacies
Prohibits new tobacco retailing within 1,000 feet of a school
Prohibits any new tobacco retailers within 500 feet of another
tobacco retailer
Compliance will be monitored by the Town or
its Designee; a peace officer may enforce the
provisions in this policy
The Town or Designee will check each retailer
at least one per 12-month period
For any violation of the TRL within a 12-
month period, fines include: a fine not to
exceed $100 for a first violation; a fine not to
exceed $200 for a second violation; a fine not
to exceed $500 for each additional violation
For any violation of the TRL within a 24-
month period, permit suspension includes:
permit suspension for up to 30 calendar days
for a first violation; permit suspension for up to
90 calendar days for a second violation; permit
suspension for up to one year for each
additional violation
Yes; buffer zone
restrictions do not apply
to retailers operating as
of specific dates
(retailers of tobacco
products operating prior
to January 2011 and
retailers of electronic
smoking devices
operating prior to
August 2014 exempted)
Manhattan
Beach
Ordinance No.
15-0020
Limits the sale of flavored tobacco
(with the exception of menthol) to
adult-only tobacco stores
All flavored
non-cigarette
tobacco
products,
including e-
cigarettes
(menthol
excluded)
No Adopted:
December
2015
Effective:
January 1,
2016
Flavored tobacco products
may still be sold in adult-
only tobacco stores
Self-service displays are prohibited, except for electronic
smoking devices (ESD’s) sold by a retailer that 1) primarily
sells tobacco products and/or ESD's, 2) generates over 60% of
its gross revenues annually from the sale of tobacco products,
tobacco paraphernalia, or ESD's, 3) does not allow persons
under 18 to enter the premises, 4) does not sell alcoholic
beverages or food for consumption on the premises, and 5)
posts a sign outside the establishment that informs the public
that persons under 18 are prohibited from entering
No tobacco retailer permit may be issued within 500 feet of a
school or an existing retailer
The City will check each retailer at least once
per 12-month period
The retail permit may be revoked or suspended
for two or more violations within a 36-month
period
The City will not issue or renew a retailer permit
until all fees for license are paid
No
149
California Flavored Tobacco and Menthol Cigarette Policy Matrix Updated 4/9/18
Jurisdiction Extent of Policy
Products
Covered By
Policy
Menthol
Included Effective Date Exemptions Notes Enforcement Grandfathering
Oakland
Ordinance No.
13452
Limits the sale of flavored tobacco
products, including menthol
tobacco products and cigarettes, to
adult-only tobacco stores
All flavored
tobacco
products,
including e-
cigarettes and
menthol
flavored tobacco
products
(including
cigarettes)
Yes Adopted:
September 19,
2017
Effective:
July 18, 2018
Flavored tobacco products
may still be sold in adult-
only tobacco stores
which generate over 60%
of gross income from
tobacco sales and tobacco
paraphernalia, do not
allow minors under the
age of 18 unless
accompanied by a parent
or legal guardian, and do
not sell food or alcoholic
beverages
An amendment allows clerks aged 18 and older to sell tobacco
Tobacco retailers may not sell tobacco products at a discount
less than full retail price, including honoring or redeeming
coupons
The City designates the Oakland Police
Department to enforce the provisions of this
Ordinance
A. After a first alleged violation of this Chapter
at a location within any sixty-month period:
1. an agreement to stop acting as a Tobacco
Retailer for at least one (1) day;
2. a settlement payment to the City of at
least one thousand dollars ($1,000); and
3. an admission that the violation occurred
and a stipulation that the violation will
be counted when considering what
penalty will be assessed for any future
violations
B. After a second alleged violation of this
Chapter at a location within any sixty-month
(60) period:
1. an agreement to stop acting as a Tobacco
Retailer for at least ten (10) days;
2. a settlement payment to the City of at
least five thousand dollars ($5,000); and
3. an admission that the violation occurred
and a stipulation that the violation will
be counted when considering what
penalty will be assessed for any future
violations
No
Novato
Ordinance No.
1615
Prohibits the sale of all flavored
tobacco (with the exception of
menthol) products, including
marijuana, within the city limits
All flavored
tobacco
products,
including e-
cigarettes and
marijuana
(menthol
excluded)
No First adopted:
January 31,
2017
Effective:
January 1,
2018
Tobacco products may
still be sold if they meet
these requirements:
1) a package of
cigars containing
at least 5 cigars
2) a single cigar for
which the retail
price exceeds five
dollars
3) pipe tobacco
4) a package of
chewing tobacco
or snuff
containing at least
five units or more
Minimum pack size requirements prohibit the sale of single
cigar, a package of cigars containing fewer than five cigars, or
any number of cigars fewer than the number contained in the
manufacturer’s original consumer packaging designed for retail
sale to a consumer
No pharmacies may sell tobacco products
Compliance will be monitored by the City
Manager or other agency designated to enforce
Any peace officer may enforce the penal
provisions of the ordinance
The City Manager may work with Marin County
Tobacco Program to inspect each tobacco
retailer at least one time per 12 month period
Penalties for a violation within any 60-month
period include a 30-day license suspension for a
first violation, a 90-day suspension for a second
violation, a one-year suspension for a third
violation, and the license will be revoked after
four or more violations
No
150
California Flavored Tobacco and Menthol Cigarette Policy Matrix Updated 4/9/18
Jurisdiction Extent of Policy
Products
Covered By
Policy
Menthol
Included Effective Date Exemptions Notes Enforcement Grandfathering
Palo Alto
Ordinance No.
5418
Limits the sale of flavored tobacco
products, including menthol
tobacco products and cigarettes, to
adult-only tobacco shops within the
city limits
All flavored
tobacco
products,
including e-
cigarettes and
menthol
cigarettes
Yes Adopted:
October 2,
2017
Effective:
November 2,
2017
Ordinance exempts adult-
only tobacco stores which
generate over 60% of
gross income from
tobacco sales and tobacco
paraphernalia, do not
allow anyone under 21, do
not sell food or alcoholic
beverages for
consumption on the
premises, and post a sign
outside saying that minors
are prohibited
TRL language is a replica of the Santa Clara County TRL
Prohibits the sale or transfer of tobacco products to anyone
under the age of 21 (no exemption for military personnel)
Prohibits the sale of tobacco products in pharmacies
Prohibits new tobacco retailing within 1,000 feet of a school
Prohibits any new tobacco retailers within 500 feet of another
tobacco retailer
Compliance will be monitored by the City or its
Designee. In addition, any peace officer may
enforce the penal provisions of the ordinance
The City or its Designee shall check each
retailer at least once per 12-month period to
determine if the retailer is complying with
all laws applicable to retailing, other than
those laws regulating underage access to
tobacco products
Penalties for a first violation include a fine
not to exceed $100 (within a 12-month
period) and a suspension up to 30 days
(within any 24-month period); for a second
violation, a fine not to exceed $200 (within a
12-month period) and a suspension of the
retailer permit for up to 90 days (within any
24-month period); and for each additional
violation, a fine not to exceed $500 (within a
12-month period) and the suspension of the
retailer permit for up to one year (within any
24-month period)
Yes; buffer zone
restrictions do not apply
to retailers operating as
of specific dates
(retailers of tobacco
products operating prior
to January 2011 and
retailers of electronic
smoking devices
operating prior to
August 2014 exempted)
San
Leandro
Ordinance No.
TBD (link to
draft)
Prohibits the sale of all flavored
tobacco products within the city
limits (including flavored products
that do not contain nicotine)
All flavored
tobacco
products,
including e-
cigarettes
No Adopted:
October 16,
2017
Effective:
June 1, 2018
Wholesale companies are
excluded from the
ordinance if the tobacco
products made or
distributed in San Leandro
are sold by retailers
outside the city
The ordinance requires all retailers in San Leandro to have a
tobacco retail license
Includes a minimum pack size for cigars provision: No tobacco
retailer shall sell, offer for sale, or exchange any single cigar,
any pack of cigars at a price that is less than $7.00 per five
cigars (does not apply to the sale or offer for sale of a single
cigar for which the retail price exceeds either five dollars or the
dollar amount adopted by resolution of the City Council and
adjusted from time to time, whichever is higher)
Compliance will be monitored by the San
Leandro Police Department
Penalties for a violation within a 36 month
period include a written warning and 30 days to
correct violation for the first violation, a $2,500
fine for a second violation, and a 20 day license
suspension for a third violation. After four or
more violations, the license shall be revoked and
no new license may issue for the location or
tobacco retailer until three years have passed
from the date of revocation
No
151
California Flavored Tobacco and Menthol Cigarette Policy Matrix Updated 4/9/18
Jurisdiction Extent of Policy
Products
Covered By
Policy
Menthol
Included Effective Date Exemptions Notes Enforcement Grandfathering
San
Francisco
Ordinance No.
140-17
Prohibits the sale of all flavored
tobacco products, including
menthol cigarettes, within the
county limits
All flavored
tobacco
products,
including e-
cigarettes and
menthol
cigarettes
Yes Adopted:
June 27,
2017
Referendum:
June 5,
2018
None This policy is an amendment of the Health Code, Article 19Q,
not connect to a tobacco retail license.
A tobacco product is determined to have a Characterizing
Flavor if it has the presence of “a distinguishable taste or aroma
or both, other than the taste or aroma or tobacco, imparted by
the tobacco product or any byproduct produced by the tobacco
product”.
There is a rebuttable presumption that a tobacco product is a
flavored tobacco product is a manufacturer or any of the
manufacturer’s agents or employees has made a statement or
claim directed to consumers or to the public that the tobacco
product has or produces a characterizing flavors, including but
not limited to, text, color, and/or images on the product’s
labeling or packaging that are used to explicitly or implicitly
communicate that the tobacco product has characterizing flavor.
The Director, or his or her designee, may
enforce Sections 19Q.3 and 19Q.4 pursuant to
Articles 19 et seq. of the Health Code,
including but not limited to Article 19H.
Upon a decision by the Director that the
Permittee or the Permittee's agent or employee
has engaged in any conduct that violates
Health Code Section 19Q.3 (Sale or
Distribution of Flavored Tobacco Products
Prohibited) or 19Q.4, the Director may
suspend a Tobacco Sales permit as set forth in
Section 19H.19.
No
Santa
Clara
County
Ordinance No.
NS-300.883
Revised
Ordinance
300.903
effective July
2017
Limits the sale of flavored tobacco
products, including menthol
tobacco products and cigarettes, to
adult-only tobacco shops in the
unincorporated areas of the County
All flavored
tobacco
products,
including e-
cigarettes and
menthol
cigarettes
Yes
(revised
in 2016
to
include
menthol)
First adopted:
June 2015
Effective:
January 1,
2016
Revised
version
effective:
July 2017
Revised ordinance
exempts adult-only
tobacco stores which
generate over 60% of
gross income from
tobacco sales and tobacco
paraphernalia, do not
allow minors, do not sell
food or beverages, and
post a sign outside saying
that minors are prohibited
No TRLs may be issued to a retailer containing a pharmacy,
within 1,000 feet of a school (existing retailers exempt), or
located within 500 feet of another retailer (existing retailers ex
empt)
Department of Environmental Health; the
Department or other designated person shall
check each retailer at least once per 12 month
period
Penalties for violations within a 12-month period
not to exceed $100/1st violation, $300/2nd
violation; $500/additional violation; license may
furthermore be suspended for violations within
any 24-month period: 1st/30 days, 2nd/90 days,
additional violations/up to one year
Yes; buffer zone
restrictions do not apply
to retailers operating as
of specific dates
(retailers of tobacco
products operating prior
to January 2011 and
retailers of electronic
smoking devices
operating prior to
August 2014 exempted)
152
California Flavored Tobacco and Menthol Cigarette Policy Matrix Updated 4/9/18
Jurisdiction Extent of Policy
Products
Covered By
Policy
Menthol
Included Effective Date Exemptions Notes Enforcement
Sonoma
Municipal
Code Chapter
7-25
Prohibits the sale of all flavored
tobacco (with the exception of
menthol) products within the city
limits
All flavored
non-cigarette
tobacco
products,
including e-
cigarettes
(menthol
excluded)
No Adopted:
April 2015
Effective:
September
2015
Products with tobacco and
menthol flavors
Pipe tobacco
Cigars, chewing tobacco
or snuff in packages
containing 5 or more units
Single cigars for which
the price exceeds $5
Sale of single cigars under $5 and cigars in packages of fewer
than 5 cigars prohibited
A list of locations eligible to apply for a tobacco retailer license
is provided in the ordinance; only the specific addresses on the
list may be issued a license
Decoy enforcement operations conducted
annually by Sonoma Police department
Code Enforcement Officer from Planning
Department provides spot checks
Citations of violations processed by
administrative hearing officer or the County
Court system depending on the type of violation
Penalties range from $250-$1000 and
suspension/revocation of license if found guilty
within a 60-month period (1st violation: 30 day
suspension; 2nd : 60 days; 3rd: 1 year; 4th: license
revoked)
No
West
Hollywood
Ordinance No.
16-991
Prohibits the sale of all tobacco
products (including flavored
tobacco) within 600 feet of a youth-
populated area (school, youth
center, child-care facility, etc.)
All tobacco
products, other
than flavored
cigarettes,
within the buffer
zone
Yes Adopted:
October 2016
Effective:
November
2016
Tobacco retailers
operating prior to May 1,
2016, adult-only facilities,
and hotels that sell
tobacco products as part
of incidental sales on the
premises
Flavored tobacco products, including menthol, included in the
definition of “tobacco products”; buffer zone prohibition not
specified for flavored tobacco but for all “tobacco retailers”
No new tobacco retailer licenses may be issued for tobacco
retailers within 600 feet of a school
No new licenses may be issued for tobacco product shops
within 1000 feet of a youth-populated area
Little cigars must be sold in pack size of at least 20
Any member of the West Hollywood Code
Compliance Division, Alcohol Beverage Control
Department, and the Los Angeles County
Sheriff’s Department, or their designees are
authorized to monitor and enforce the provision
Enforcement Officials must inspect each tobacco
retailer at least twice per 12 month period
Yes, existing retailers
operating prior to May
1, 2016 are
grandfathered regardless
of any change or
transfer of ownership of
the business
Yolo
County
Ordinance No.
1474
Prohibits the sale of all flavored
tobacco products, including
menthol cigarettes, within the
unincorporated areas of the County
All Flavored
tobacco
products,
including e-
cigarettes and
menthol
cigarettes
Yes Adopted:
October 2016
Effective:
May 1, 2017
None Only existing tobacco retailers are eligible for a tobacco license. Yolo County District Attorney in charge of
stings for any violations of the TRL (including
selling flavored tobacco or menthol products)
For any violation of TRL, penalties for
violations within a 5 year period include: 1st
violation license revoked for 10 days, 2nd
violation license revoked for 90 days, 3rd
violation license revoked for 1 year
No
153
Flavored Tobacco Products are Dangerous to Youth
Executive Summary:
There is overwhelming research to prove that flavored tobacco products appeal to youth and young
adults. Research, as well as common sense, tells us that youth highly prefer sweet tastes and sweet
odors. While the taste of the products is a concern, studies have found that youth also falsely perceived
flavored and menthol flavored tobacco products as less harmful than non-flavored tobacco products.
There are many misconceptions about the result of a ban of flavored tobacco products, such as
merchants losing profits and people turning to other resources to obtain the products. However, studies
have shown that these are unlikely results of such an ordinance. Breathe California of the Bay Area
conducted a public opinion survey in Saratoga that showed 81% of surveyed residents favor a ban of e-
cigarettes and 89% favor a ban of menthol and flavored cigarillos and chewing tobacco. Breathe
California also spoke to merchants about their thoughts.
Report:
Overview
Despite steep declines in the use of cigarettes among Santa Clara County youth, there has been a rapid
increase in the use of other tobacco products. These products are widely available and sold
inexpensively, priced for example at two or even three cigarillos for 99 cents. Tobacco companies are
aware that youth are price sensitive. If the price of tobacco products rises, the rate of youth smoking
decreases. The tobacco industry considers them “starter” products, which establish smoking habits in
young people that can lead to a lifelong addiction.
Nationwide, nearly 81 percent of youth ages 12 to 17 who had ever used a tobacco product reported
that the first product they used was flavored. For young adults ages 18 to 24, more than four out of five
reported that a flavored tobacco product was the first product they used. Four out of five youth who
currently use tobacco products reported using a flavored tobacco product, and 72.7 percent of current
young adult tobacco users use flavored tobacco products.
This image on the left shows the
percentage of youth ages 12 to 17
who use a specific tobacco product
that contains flavors.
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Many youth have big misconceptions about tobacco products that are not traditional cigarettes—such
as cigars, electronic cigarettes, and hookah—which all are sold in a variety of flavors. Youth perceive
these products as less harmful, “more natural,” and less addictive when compared to traditional
cigarettes. However, cigars can be smoked to an upwards of seven hours, which means that there is a
longer period of exposure to the harmful chemicals.
A big myth about electronic cigarettes is that they produce a harmless water vapor when inhaled, but
they actually produce a harmful aerosol. The aerosol contains nicotine and ultrafine particles that can be
deeply inhaled into the lungs. For youth, the brain is not fully developed until the age of 25. Smoking e-
cigarettes can cause nicotine addiction and can harm the developing brain. The risks also include mood
disorders, permanent lowering of impulse control, and harm to the areas of the brain that control
attention and learning.
Saratoga, CA
In the city of Saratoga, there are five merchants who have licenses to sell flavored tobacco products: SaI
Gas Station, Stop N Save #124, Safeway Inc #919, AKS Corp/Saratoga Gas, and Ratra Enterprises Inc.
Saratoga.
Studies have shown that in some areas, stores near schools may be more likely to sell to minors or to
display more tobacco advertising than other stores.
The chart below indicates the distance between the merchants and schools and parks.
Merchant Park School Distance
SAI Gas Station Azule Park 1 mi
Kevin Moran Park 1.2 mi
Calabazas Park 1.1 mi
Blue Hills Elementary School 0.7 mi
Christine McAuliffe Elementary School 1.4 mi
Stop N Save #124 Azule Park 0.6 mi
Safeway Inc #919 Argonaut Elementary School 0.9 mi
AKS Corp/Saratoga Gas El Quito Park 0.6 mi
Prospect High School 1.4 mi
Ratra Enterprises Inc. Saratoga Wildwood Park 0.3 mi
Saratoga Historical Park 0.1 mi
Foothill Elementary School 0.6 mi
Saratoga High School 0.8 mi
Saratoga Elementary School 0.3 mi
Breathe California of the Bay Area’s Efforts in Saratoga, CA
Breathe California of the Bay Area conducted a Public Opinion Survey on flavored tobacco products and
e-cigarettes. We used the convenience sampling and asked 52 residents who were walking around Big
Basin Way during lunch time in July and August 2017.
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As seen in the graph to the
right, 81% of respondents
surveyed said they would be in
favor of a ban on electronic
cigarettes/vapes, and 89%
would support a ban on all
flavored tobacco products such
as menthol cigarettes and
flavored little cigars/cigarillos
and chewing tobacco.
Breathe California spoke with the five merchants who have a tobacco retailer license in Saratoga, CA on
their opinion of a ban. Three merchants spoke with us. One of the merchants was unable to provide
comments as he did not want to represent their entire enterprise. He said that the items they sell
chosen at the corporate level, and if there were an ordinance in place, they would abide by it. The other
two merchants responded negatively towards the ban. Their concerns were similar: reduced sales and
believing the ban will not stop youth from obtaining flavored tobacco products.
If sales are one of their concerns about the ban, merchants might replace lost profits from selling
deadly, flavored tobacco products with profits from selling healthier products. In 2015, the National
Association for Convenience Stores said that there is a changing customer base, which is increasingly
health-focused. Additionally, there have been studies that show that tobacco is not their top profit
maker. Even where tobacco accounted for the highest percentage of sales, the products only accounted
for a small percentage of actual profits compared to other products.
The argument that people will turn to the black market to purchase these products has been made
before. However, there is no evidence of black markets forming in other places that have restricted
flavored products. The argument that they could purchase products online or visit communities that
have not prohibited the sale of flavored tobacco products has also been made. This is a possibility;
however, tobacco users, especially the young ones, prefer to make their purchases in their own
neighborhoods, close to home.
Recommendations and Conclusion:
Flavored tobacco products are a major public health concern for our youth. These products can be
creating the next generation of smokers. We need to keep youth from getting these enticing products
that can lead to nicotine addiction. We need to act now to prevent the onset of serious chronic illnesses
like heart disease, cancer, and stroke.
Breathe California recommends that the Saratoga City Council ban the sale of flavored tobacco products
including menthol. To do this, the Saratoga City Council can amend Saratoga’s current Tobacco Retail
License (TRL) to include language that eliminates the sale and distribution of flavored tobacco products
(including menthol) and flavored electronic smoking device products
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References:
1. https://truthinitiative.org/news/flavored-tobacco-use-among-youth-and-young-adults
2. http://center4tobaccopolicy.org/wp-content/uploads/2017/08/Countering-Arguments-in-
Opposition-to-Flavored-Tobacco-Restrictions-2017-08.pdf
3. California Medical Association’s CMA White Paper, May 2016, “Flavored and Mentholated
Tobacco Products: Enticing a New Generation of Users”
4. https://www.cdc.gov/features/ecigarettes-young-people/index.html
5. https://e-cigarettes.surgeongeneral.gov/knowtherisks.html
6. http://countertobacco.org/resources-tools/evidence-summaries/stores-near-schools/
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These are flavored tobacco products and flavored electronic smoking device products that are sold to
youth. The tobacco company knows what youth are attracted to and make their products resemble
popular candy and sweets.
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TEACHERS AND PARENTS:
That USB Stick Might Be an E-cigarette
Some e-cigarettes don’t look like
tobacco products, so some kids use
them unnoticed in schools, including
in classrooms and bathrooms.
JUUL delivers a high dose of
nicotine. Nicotine is highly
addictive and can harm
adolescent brain development.
LEARN MORE about the risks of e-cigarettes for
youth and access tips for talking to youth at:
https://e-cigarettes.surgeongeneral.gov/resources.html
TOBACCO PRODUCT
USE IN ANY FORM,
INCLUDING
E-CIGARETTES, IS
UNSAFE FOR YOUTH.
An increasingly
popular e-cigarette,
called JUUL, is
shaped like a USB
flash drive.
E-cigarettes are the
most commonly used
tobacco product among
U.S. middle and high
school students.
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What is a JUUL?
The term “electronic cigarettes” covers a wide variety of
products now on the market, from those that look lik e
cigarettes or pens to somewhat larger products like
“personal vaporizers” and “tank systems.” Instead of
burning tobacco, e-cigarettes most often use a battery-
powered coil to turn a liquid solution into an aerosol that
is inhaled by the user. One e-cigarette device, called a
JUUL, has become increasingly popular in recent years.
JUUL Labs produces the JUUL device and JUULpods, which are inserted
into the JUUL device. In appearance, the JUUL device looks quite similar to
a USB flash drive, and can in fact be charged in the USB port of a
computer. According to JUUL Labs, all JUULpods contain flavorings and
0.7mL e-liquid with 5% nicotine by weight, which they claim to be the
equivalent amount of nicotine as a pack of cigarettes, or 200 puffs.
JUULpods come in five flavors: Cool Mint, Crème Brulee, Fruit Medley,
Virginia Tobacco, Mango, as well as three additional limited edition flavors:
Cool Cucumber, Classic Tobacco, and Classic Menthol.1 Other companies
manufacturer “JUUL-compatible” pods in additional flavors; for example,
the website Eonsmoke sells JUUL-compatible pods in Blueberry, Silky
Strawberry, Mango, Cool Mint, W atermelon, Tobacco, and Caffé Latte
flavors.2 There are also companies that produce JUUL “wraps” or “skins,”
decals that wrap around the JUUL device and allow JUUL users to
customize their device with unique
colors and patterns (and may be an
appealing way for younger users to
disguise their device).
According to data from Wells Fargo, JUUL’s popularity has grown
dramatically in the last year, representing 46.8% of the market share*
in the last quarter of 2017, compared to 25% at the same point in
2016. As a result, JUUL is now more popular than the e-cigarette
brands manufactured by the major tobacco companies (blu, Vuse,
and MarkTen).3
JUUL Use among Youth and Young Adults
According to the National Youth Tobacco Survey, 11.3 percent of high school students and 4.3 percent of
middle school students—over 2 million youth—were current e-cigarette users in 2016.4 However, a study
from Truth Initiative found that a quarter of youth and young adult JUUL users don’t refer to JUUL use as
“e-cigarette use” or “vaping,” but rather as “JUULing.”5 Therefore, it is possible that existing surveys may
not be capturing the full spectrum of youth e-cigarette use. News articles, letters from school officials, and
anecdotal evidence indicate that JUUL has gained popularity among youth and young adults across the
country, from middle schools to college campuses. These stories attribute JUUL’s sleek and discrete
design to its appeal among this population. For example:
“High school and college students are rushing to retailers to buy the product because its discrete
design makes it easy to hide from parents and teachers while also giving the user a big hit of
* Tracked data includes mass channel and convenience stores; does not include sales from tobacco and vape shops.
JUUL and Youth: Rising E-Cigarette Popularity
JUUL Device
Image from JUUL website, accessed 1/24/18
JUULpod
JUUL skins. Images from
https://www.mightyskins.com/juul/
JUULpods. Image from JUUL
website, accessed 1/24/18
JUUL device charging in the USB
port of a laptop. Image from
JUUL website, accessed 1/24/18.
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JUUL and Youth Page 2
nicotine. Some students have bragged on social media of using the JUUL in class, even though
e-cigarettes are banned indoors at most schools.” – Pittsburgh Post-Gazette6
“An editor for New York University's student newspaper documented Juul's rising on-campus
popularity, even in dorm rooms. A student newspaper at the University of Illinois called Juul a
"new epidemic is sweeping across campus." And in suburban D.C., a high school's principal took
doors off its bathroom stalls to keep students from using drugs inside —namely Juul.” – USA
Today7
“One reason JUUL and vape pens are so popular among teens currently might be that they can
be used indoors without attracting unwanted attention or creating a stench…On Twitter, teens
post about their usage in school. The most brazen of them fire up their e-cigarettes while their
teachers' backs are turned.” - NPR8
The availability of flavors may also contribute to JUUL’s popularity among youth. A national survey found
that that 81 percent of youth aged 12-17 who had ever used e-cigarettes had used a flavored e-cigarette
the first time they tried the product, and that 85.3 percent of current youth e-cigarette users had used a
flavored e-cigarette in the past month. Moreover, 81.5 percent of current youth e-cigarette users said they
used e-cigarettes “because they come in flavors I like.” 9
Health Concerns and JUUL
The number of youth using e-cigarettes, including JUUL, is alarming and raises serious concerns that e-
cigarettes could be an entryway to nicotine addiction and use of regular cigarettes for some kids. Though
there is insufficient research on the long-term effects of using e-cigarettes in general, and certainly not
specific to JUUL, the use of such products still raises concerns because they contain nicotine. The
company claims that the nicotine in JUUL is from “nicotine salts found in leaf tobacco, rather than free-
base nicotine,” which they claim “accommodate cigarette-like strength nicotine levels.”10 The health
impact of that specific form of nicotine is yet unknown.
While it is still an open scientific question whether e-cigarettes might be able to help adult smokers give
up cigarettes, kids should not be using any tobacco product, including e-cigarettes. Nicotine is a highly
addictive drug that can have lasting damaging effects on adolescent brain development.11 Nicotine also
impacts the cardiovascular system.12 The Surgeon General concluded that, “The use of products
containing nicotine poses dangers to youth, pregnant women, and fetuses. The use of products
containing nicotine in any form among youth, including in e-cigarettes, is unsafe.”13 Educating youth about
the dangers of JUUL and nicotine use is critical because a study from Truth Initiative fo und that 37
percent of 15-24 year old JUUL users are uncertain whether the product contains nicotine (all pods sold
from JUUL do contain nicotine).14
The Surgeon General found that while more research is needed, evidence from several longitudinal
studies suggests that e-cigarette use is “strongly associated” with the use of other tobacco products
among youth and young adults, including conventional cigarettes.15 The National Academy of Sciences
(formerly the Institute of Medicine) also concluded in its 2018 report that, “There is substantial evidence
that e-cigarette use increases risk of ever using combustible tobacco cigarettes among youth and young
adults.”16
Marketing and Accessibility of JUUL
When JUUL was first launched in 2015, the company used
colorful, eye-catching designs and youth-oriented imagery
and themes, such as young people dancing and using
JUUL. JUUL’s original marketing campaign included
billboards, YouTube videos, advertising in Vice Magazine,
launch parties and a sampling tour.
JUUL billboard in Times Square, New York City,
2015. https://www.spencer-pederson.com/work-
1/2017/2/23/juul-go-to-market
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JUUL and Youth Page 3
More recently, JUUL has updated its
marketing code17 with the purported
goal of limiting youth exposure to its
advertising. Its current marketing
materials focus primarily on its
popular flavors and on messaging
that encourages smokers to “make
the satisfying switch.”
However, social media continues to
help fuel JUUL’s popularity. While
JUUL’s Instagram account is age-
restricted to those 18 and older, its
Twitter account is not age restricted
and contains similar content.
Additionally, JUUL-sponsored posts
and user-generated posts that tag
(e.g., #juulvapor, #doit4juul) and
feature JUUL have no restrictions.
These kind of social media posts can
increase exposure to pro-e-cigarette
imagery and messaging, by making
JUUL use look cool and rebellious.
JUUL devices and JUULpods are available for sale on JUUL’s we bsite and other online retailers as well
as in convenience stores, vape shops, and tobacco retailers. To access JUUL’s website, users must
indicate that they are 21 or older by simply clicking on a button, but JUUL asserts that it uses stricter age
verification processes for online purchases. FDA law prohibits sales of e-cigarettes to those under age 18
and some state and local laws have higher minimum age-of-sale laws. It is unclear where youth are
obtaining JUUL products, but there have been anecdotes about purchasing them from social sources who
are over age 18, online or in-person from retailers that are not in compliance with state or federal law, or
from online resellers like ebay† and Craigslist that have no age verification. Though the up-front cost of
the device is high (a JUUL starter kit, which includes the device, charger and 4 JUULpods, is $49.99 on
the JUUL website), advocates have shared stories of kids pooling together money to share a device and
sell “hits” from the device to recoup the cost.
Campaign for Tobacco-Free Kids, February 5, 2018 / Laura Bach
1 JUUL Website, accessed January 24, 2018, https://www.juulvapor.com/shop-pods and https://www.juulvapor.com/limited-edition. See also
JUUL Instagram, November 30, 2017, https://www.instagram.com/p/BcISxvNgEVP/?taken-by=juulvapor; December 19, 2017,
https://www.instagram.com/p/Bc5IyhcAwqj/?taken-by=juulvapor.
2 Eonsmoke website, accessed January 24, 2018, https://www.eonsmoke.com/12-buy-juul-compatible-pods-capsules.
3 Wells Fargo Securities, “Nielsen: Tobacco ‘All Channel’ Data 12/30,” January 9, 2018.
4 CDC, “Tobacco Use Among Middle and High School Students — United States, 2011-2016,” MMWR, 66(23):597-603, June 16, 2017,
https://www.cdc.gov/mmwr/volumes/66/wr/pdfs/mm6623a1.pdf.
5 Truth Initiative, “Monitoring the Future reveals good and bad news underscoring need for education and regulation,” December 14, 2017,
https://truthinitiative.org/news/monitoring-future-reveals-good-and-bad-news-underscoring-need-education-and-regulation.
6 Routh, J. “A mango-scented flash-drive-looking device lets kids smoke in class,” Pittsburg Post-Gazette, December 12, 2017, http://www.post-
gazette.com/local/region/2017/12/12/JUUL-vaporizer-nicotine-flash-drive-small-concealable-e-cigarette/stories/201712120151.
7 Hafner, J. “Juul e-cigs: The controversial vaping device popular on school campuses,” USA Today, October 31, 2017,
https://www.usatoday.com/story/money/nation-now/2017/10/31/juul-e-cigs-controversial-vaping-device-popular-school-campuses/818325001/.
8 Chen, A. “Teenagers Embrace JUUL, Saying It’s Discreet Enough to Vape in Class,” NPR, December 4, 2017,
https://www.npr.org/sections/health-shots/2017/12/04/568273801/teenagers-embrace-juul-saying-its-discreet-enough-to-vape-in-class.
9 Ambrose, BK, et al., “Flavored Tobacco Product Use Among US Youth Aged 12-17 Years, 2013-2014,” Journal of the American Medical
Association, published online October 26, 2015.
† ebay policy prohibits sale of tobacco products; however, JUUL products have been found for sale on the website
under other categories such as electronics, with product listings that neglect to use the terms “tobacco” and/or
“nicotine.”
JUUL Twitter Post. January 9, 2018.
https://twitter.com/JUULvapor/status/950890455499231235
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JUUL and Youth Page 4
10 Pax Labs, Inc. (former name of JUUL Labs), Pax Labs, Inc. Granted U.S. Patent for Nicotine Salt E-Cigarette, December 22, 2015,
https://www.juulvapor.com/media/wysiwyg/JUUL/JUUL_USPTO_Patent_Press_Release_15-1216.pdf.
11 HHS, The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General, CDC, Office of Smoking and Health
(OSH), 2014, http://www.surgeongeneral.gov/library/reports/50-years-of-progress/index.html. See also: CDC Office on Smoking and Health,
“Electronic Nicotine Delivery Systems: Key Facts,” July 2015. Accessed November 19, 2015.
http://www.cdc.gov/tobacco/stateandcommunity/pdfs/ends-key-facts2015.pdf
12 HHS, How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease: A Report of the Surgeon
General, Centers for Disease Control and Prevention, Office on Smoking and Health, 2010 http://www.ncbi.nlm.nih.gov/books/NBK53017/.
13 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on
Smoking and Health, 2016.
14 Truth Initiative, “Monitoring the Future reveals good and bad news underscoring need for education and regulation,” December 14, 2017,
https://truthinitiative.org/news/monitoring-future-reveals-good-and-bad-news-underscoring-need-education-and-regulation.
15 HHS, E-Cigarette Use Among Youth and Young Adults. A Report of the Surgeon General. Atlanta, GA: U.S. Department of Health and
Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on
Smoking and Health, 2016. See also, Leventhal, AM, et al., “Association of Electronic Cigarette Use With Initiation of Combustible Tobacco
Product Smoking in Early Adolescence,” Journal of the American Medicine Association, 314(7): 700-707, 2015. Wills, Thomas A, et al.,
“Longitudinal study of e-cigarette use and onset of cigarette smoking among high school students in Hawaii,” Tobacco Control, published online
first January 25, 2016. Wills, TA, et al., “E-cigarette use is differentially related to smoking onset among lower risk adolescents,” Tobacco
Control, published online August 19, 2016. Barrington-Trimis, JL, et al., “E-Cigarettes and Future Cigarette Use,” Pediatrics, 138(1), published
online July 2016.
15 Barrington-Trimis, JL, et al., “E-Cigarettes and Future Cigarette Use,” Pediatrics, 138(1), published online July 2016. Wills, TA, et al., “E-
cigarette use is differentially related to smoking onset among lower risk adolescents,” Tobacco Control, published online August 19, 2016.
16 National Academies of Sciences, Engineering, and Medicine. 2018. Public health consequences of e-cigarettes. Washington, DC: The
National Academies Press. http://nationalacademies.org/hmd/Reports/2018/public-health-consequences-of-e-cigarettes.aspx .
17 JUUL Marketing Code, https://www.juulvapor.com/marketing-code/, accessed 1/31/18.
164