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HomeMy WebLinkAbout09-19-2018 City Council agenda packetSaratoga City Council Agenda – Page 1 of 5 SARATOGA CITY COUNCIL REGULAR MEETING SEPTEMBER 19, 2018 6:00 P.M. JOINT MEETING Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Meeting with Youth Commission 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 September 14,, 2018 REPORT FROM JOINT MEETING ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS CEREMONIAL ITEMS Commendation for Outgoing City Commissioners Recommended Action: Read and present commendations to Anandi Krishnamurthy and Pallavi Sharma recognizing their service to the City of Saratoga. Appointment of Library Commissioner & Oath of Office Recommended Action: Approve the attached resolution appointing 1 member to the Library Commission; and direct the City Clerk to administer the Oath of Office. Saratoga City Council Agenda – Page 2 of 5 Proclamation Declaring September 2018 as National Preparedness Month Recommended Action: Present the proclamation declaring September 2018 as National Preparedness Month to representatives of the Saratoga Community Emergency Response Team (CERT). 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 Regular City Council Meeting on September 5, 2018. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 09/04/2018 Period 3; and 09/12/2018 Period 3. 1.3. Treasurer’s Report for the Month Ended July 31, 2018 Recommended Action: Review and accept the Treasurer’s Report for the month ended July 31, 2018. 1.4. Adoption of Local CEQA Guidelines and State CEQA Guidelines by Reference Recommended Action: Approve the update to Saratoga’s Local CEQA Guidelines by adopting the Resolution in Attachment A. 2. PUBLIC HEARING Items placed under this section of the Agenda are those defined by law as requiring a special notice and/or a public hearing or those called by the City Council on its own volition. 2.1. Ordinance Amending Heritage Preservation Commission Membership Requirements Recommended Action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance amending Chapter 13 (Heritage Preservation) of the Saratoga Municipal Code related to the Heritage Preservation Commission. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. 3. GENERAL BUSINESS 3.1. Review of Dangerous Dog Regulations Recommended Action: Review the dangerous dog regulations in Article 7-20 (Animals) of the Saratoga Municipal Code and direct staff to amend the ordinance as necessary. Saratoga City Council Agenda – Page 3 of 5 3.2. Saratoga-to-the-Sea Trail Design Contract Recommended Action: 1. Approve Design Contract with Timothy C. Best, CEG for the Saratoga-to-the-Sea Trail project, in the amount of $285,810, and authorize the City Manager to execute the same. 2. Authorize staff to execute change orders to the contract up to $28,500. 3.3. Preview of Annual Code Update for 2018 Recommended Action: Review the proposed cleanup amendments to the City Code and direct staff to prepare an ordinance implementing the amendments for consideration by the City Council. 3.4. Neighborhood Watch Program and Grant Recommended Action: Receive report and provide direction to staff regarding the Neighborhood Watch Program and Grant, if desired. 3.5. Resolution in Opposition to Proposition 6 Recommended Action: Consider adoption of resolution in opposition to Proposition 6. 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 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 Saratoga City Council Agenda – Page 4 of 5 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, Debbie Bretschneider, Interim 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 September 14, 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 14th day of September 2018 at Saratoga, California. Debbie Bretschneider, Interim 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. 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] Saratoga City Council Agenda – Page 5 of 5 09/19 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session 10/03 6:00 p.m. Joint Meeting with Historical Foundation | 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 11/29 Joint Meeting with Saratoga School Districts in Community Center 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 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2018 City of Saratoga CITY COUNCIL JOINT MEETING Meeting Discussion Topics Joint Meeting with Saratoga Youth Commission September 19, 2018 | 6:00 p.m. Saratoga City Hall | Linda Callon Conference Room 6:00 p.m. Welcome & Introductions 6:15 p.m. 2018/19 Work Plan 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 CITY OF SARATOGA Memorandum To:Mayor Mary-Lynne Bernald & Members of the Saratoga City Council From:Kayla Nakamoto, Recreation Coordinator Date:September 19, 2018 Subject:Youth Commission 2018/2019 Work Plan Below is the proposed Youth Commission work plan for the 2018/2019 school year. The work plan this year includes a variety of programs and activities that seek to address areas of interest identified by the Youth Commission, including awareness of youth concerns, civic engagement, intergenerational connections, environmental stewardship, health, public art, inclusiveness, and relieving teen stress. Identify and assess issues of concern and areas of interest to youth in Saratoga and bring greater awareness of these matters to the City Council. Collaborate with neighboring cities to facilitate Pizza and Politics, a political forum that is for teens and also organized by teens. Collaborate with the annual SASCC Health Fair to increase intergenerational connections in the community and promote healthy living. Collaborate with the Recreation Department to host a dance for those with disabilities. Support the Celebrating Differences Carnival, which is an event for people of all ages who have disabilities. Support the Saratoga 2020 by 2020 Tree Planting Challenge through a Youth Commission tree planting. Promote youth to adopt an active lifestyle, mitigate congestion around schools, decrease the City’s carbon footprint, and promote Safe Routes to School by continuing to offer Walk-One-Week. The goal is to work with every elementary school in Saratoga. Promote health and wellness by hosting a 5k color run. 7 Organize an Art Exhibition to showcase local art. This event will show appreciation for the artists in the community. Host a night of Kahoot to build community and give teens a safe place to go for a night of fun! To provide more social opportunities for middle school aged students by offering a city sponsored annual Movie Night. Organize a dog social in the spring to reduce teen stress and also to build community among all students in Saratoga. Raise awareness of the Youth Commission by working closely with all local schools and increase community involvement by participating in community-based events, such as the Witchy Walk, the Tree Lighting Ceremony, Celebration of Light, St. Paddy’s Day Parade, Lunar New Year Celebration, Blossom Festival, Argonaut’s School Carnival and State of the City. 8 CURRENT MEMBERSHIP First Name Last Name Term End School Grade Varsha Rammohan 6/30/2020 Harker 10 Nithya Koneru 6/30/2020 Saratoga High School 9 Safia Peer 6/30/2020 Stratford 7 Carolyn Pyun 6/30/2020 Redwood Middle School 8 Pranav Chittharanjan 6/30/2020 Lynbrook High School 10 Mary Elizabeth Miller 6/30/2020 Saratoga High School 11 Naisha Agarwal 6/30/2019 Saratoga High School 9 Brianna Wiles 6/30/2019 Sacred Heart 8 Isaac Yoon 6/30/2019 Lynbrook High 10 Christopher Smails 6/30/2019 Bellarmine College Prep 11 Kami Cheatham 6/30/2019 Saratoga High 12 POWERS & DUTIES - COUNCIL RESOLUTION 12-008 The powers of the Youth Commission are advisory only, and it shall render all reports and recommendations directly to the City of Council, unless otherwise directed by the Council. The Commission does not constitute a planning agency with the terms and meaning of Government Code Section 65100 of the State of California. The Commissioners' powers and duties, in such advisory capacity to the City Council, shall include the following: a) To develop and recommend guidelines involving the concerns of youth and the programming and implementation thereof, to the Council; b) Advise the Council generally on matters which concern youth and specifically on the various aspects of the city matters related to youth as may be requested by Council. 9 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Interim City Clerk SUBJECT:Commendation for Outgoing City Commissioners RECOMMENDED ACTION: Read and present commendations to Anandi Krishnamurthy and Pallavi Sharma recognizing their service to the City of Saratoga. BACKGROUND: Library Commissioner Anandi Krishnamurthy and Parks and Recreation Commissioner Pallavi Sharma end their terms on September 30, 2018. The attached commendations recognize their contributions and achievements. ATTACHMENTS: Attachment A –Commendation for Anandi Krishnamurthy Attachment B –Commendation for Pallavi Sharma 10 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ANANDI KRISHNAMURTHY FOR HER SERVICE ON THE SARATOGA LIBRARY COMMISSION WHEREAS, Anandi Krishnamurthy started her term on the Library Commission in September 2016; and WHEREAS, Anandi helped to bring Junior Achievement, which teaches young people the skills they need for economic success, to the Saratoga Library; and WHEREAS, Anandi and the other Saratoga Library Commissioners assisted the Santa Clara County Library District to increase the number of library card holders in Saratoga; and WHEREAS, Anandi and the other Commissioners aided with the launch of a collaborative partnership with the West Valley College Library, which included cooperation on the Thinking Money Exhibit in 2017 that brought greater awareness to financial education to residents and students; and WHEREAS, this partnership has continued thanks to the efforts of the Library Commission and currently the Saratoga Library and West Valley College Library are working on the Crochet Coral Reef Project to build community, promote art, and call attention to the conditions of coral reefs; and WHEREAS, Anandi and her fellow Commissioners attended numerous community events to share information about the library with Saratoga residents; and WHEREAS, Anandi and the Library Commission sought to bring greater awareness to the wonderful resources and services available at Saratoga Library; and WHEREAS, Anandi and the Library Commission helped the Santa Clara County Library District increase the number of library card holders in Saratoga. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Anandi Krishnamurthy for her dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 19th day of September 2018. Mary-Lynne Bernald, Mayor City of Saratoga 11 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING PALLAVI SHARMA FOR HER SERVICE ON THE SARATOGA PARKS & RECREATION COMMISSION WHEREAS, Pallavi Sharma joined the Parks & Recreation Commission in April 2014; and WHEREAS, since then, Pallavi has been a dedicated member of the Parks and Recreation Commission and has sought to bring greater community awareness to the wonderful parks and recreational programs in the City of Saratoga; and WHEREAS, Pallavi became the Chair of the Parks & Recreation Commission in January 2018 and served as Vice Chair in 2017; and WHEREAS, Pallavi and the members of the Parks and Recreation Commission helped build community and bring Saratoga residents to Saratoga parks through the Saratoga summer Movie Nights, which have grown in attendance and become a much loved summer activity for residents throughout Saratoga; and WHEREAS, Pallavi and the Parks and Recreation Commission displayed their hands-on appreciation for City parks through the annual Let’s Work Volunteer Program, which is a monthly volunteer event at Quarry Park that has helped restore natural vegetation and open up new areas of the park to public access through the removal of non-native, invasive plant species; and WHEREAS, Pallavi and the Parks & Recreation Commission have brought Saratoga parks to people of all abilities and ages and supported the City’s Age-Friendly initiatives by working with a volunteer to create videos of City parks to recreate the park experience for those who are unable to visit in person; and WHEREAS, Pallavi has displayed a true passion for building community in the City of Saratoga through parks and recreation; and WHEREAS, Pallavi will be greatly missed by the Parks & Recreation Department and Commission. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby extend its sincere appreciation and gratitude to Pallavi Sharma for her dedicated service and contributions to the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 19th day of September 2018. Mary-Lynne Bernald, Mayor City of Saratoga 12 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Interim City Clerk SUBJECT:Appointment of Library Commissioners & Oath of Office RECOMMENDED ACTION: Approve the attached resolution appointing 1 member to the Library Commission; and direct the City Clerk to administer the Oath of Office. BACKGROUND: In May 2018, the City opened a recruitment for one full term on the Library Commission for term beginning on October 1, 2018 and ending on September 30, 2022. Applications were accepted until August 23, 2018. A total of 4 applications were received. Interviews were conducted on September 5, 2018. The City Council selected the following applicants to serve on the Commission: Name Commission Term Cristina Meiser Library Commission October 1, 2018 –September 30, 2022 ATTACHMENTS: Attachment A –Resolution of Appointment Attachment B –Oath of Office 13 RESOLUTION NO. 18-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING MEMBERS TO THE SARATOGA LIBRARY COMMISSION WHEREAS, 1 vacancy was created on the Library Commission from the expired term of Anandi Krishnamurthy; and WHEREAS, the City announced the recruitment in May 2018, accepted applications until August 23, 2018, and the City Council conducted interviews on September 5, 2018. NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following individuals are appointed to the following terms: Name Commission Term Cristina Meiser Library Commission October 1, 2018 – September 30, 2022 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19 th day of September 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary-Lynne Bernald, Mayor Attest: Debbie Bretschneider, Interim City Clerk 14 STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Cristina Meiser, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Cristina Meiser, Member Library Commission Subscribed and sworn to before me on this 19th day of September 2018. Debbie Bretschneider Interim City Clerk of Saratoga 15 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Interim City Clerk SUBJECT:Proclamation Declaring September 2018 as National Preparedness Month RECOMMENDED ACTION: Present the proclamation declaring September 2018 as National Preparedness Month to representatives of the Saratoga Community Emergency Response Team (CERT). BACKGROUND: September is National Preparedness Month for all hazards in the community, including natural disasters, technological and accidental critical incidents, and human-caused threats. All residents should prepare their home, businesses, family, and pets for emergency situations. ATTACHMENTS: Attachment 1: Proclamation Declaring September 2018 as National Preparedness Month 16 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING SEPTEMBER 2018 AS NATIONAL PREPAREDNESS MONTH WHEREAS, September is National Preparedness month for all hazards, including natural disasters, technological and accidental critical incidents, and human-caused threats, such as major crime and terrorism; and WHEREAS, the City of Saratoga has made emergency preparedness a top priority and is always working to be more prepared for emergencies and to learn skills needed to help the community in the event of a disaster; and WHEREAS, it is also very important for residents to prepare for all types of disasters and there is an abundance of resources available to the community to help each resident learn how to prepare their family, business, home, and pets for an emergency; and WHEREAS, the City of Saratoga is fortunate to have a cadre of dedicated volunteers, including the City’s Community Emergency Response Team (CERT), Amateur Radio (ham) operators, and others, who have proactively taken steps to prepare themselves in the event of an emergency and participate in the City’s recovery efforts; and WHEREAS, the City of Saratoga recognizes and thanks all of these very important volunteers and the first responders who arrive to help with any disaster; and WHEREAS, the City of Saratoga’s Office of Emergency Services (OES) supports our Emergency Services Volunteer (ESV) program, which includes ham operators and CERT; and WHEREAS, there is a role for neighbors, businesses, and non-government organizations in volunteering or otherwise helping to improve our community's resilience. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim September 2018 as Emergency Preparedness Month in the City of Saratoga and encourages residents to learn more about how to prepare their family for emergencies. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 19th day of September 2018. ___________________________ Mary-Lynne Bernald, Mayor City of Saratoga 17 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Interim City Clerk SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on September 5, 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 Regular City Council Meeting on September 5, 2018. 18 Saratoga City Council Minutes – Page 1 of 9 MINUTES WEDNESDAY, SEPTEMBER 5, 2018 SARATOGA CITY COUNCIL REGULAR MEETING At 5:15 p.m., the City Council a Special Meeting for a Library Commission interview in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. At 5:30 p.m., the City Council conducted Library Commission Interviews in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. At 6:00 p.m., the City Council held a Joint Meeting with the Montalvo Arts Center in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. Mayor Bernald called the Regular Session to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga at 7:05 p.m. and Girl Scout Troop 61553 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:James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Deputy City Manager Debbie Bretschneider, Interim City Clerk Debbie Pedro, Community Development Director Mary Furey, Finance & Administrative Services Director John Cherbone, Public Works Director Nicole Johnson, Planner II Lauren Pettipiece, Administrative Analyst Gina Scott, Accounting Tech REPORT ON POSTING OF THE AGENDA Interim City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on August 31, 2018. REPORT FROM JOINT MEETING Angela McConnell, the Director of the Montalvo Arts Center, reported from the Joint Meeting and shared information about the Munro Exhibit. 19 Saratoga City Council Minutes – Page 2 of 9 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Glenn Crow spoke about the traffic on Quito Road, requested a marked crosswalk at Clemson, and suggested a signal at McCoy. Karishma Goswami spoke about protecting trees in Saratoga. ANNOUNCEMENTS Mayor Bernald announced the display of “Saratoga Authors Hall of Fame” at the Saratoga Library during September, the Superhero Dance for Individuals with Disabilities at the Joan Pisani Community Center on September 21 at 7:00 p.m., and the Living Room Conversations return on September 25 at 7:00 p.m. at the Joan Pisani Community Center. CEREMONIAL ITEMS Commendations for Girl Scout Troop 61553 Recommended Action: Present commendations to the 11 members of the Girl Scout Troop 61553 for earning their Girl Scout Silver Awards. Mayor Bernald and the City Council presented commendations to members of Girl Scout Troop 61553. Proclamation to Declare September as Pain Awareness Month Recommended Action: Present the Proclamation to a representative of the U.S. Pain Foundation. Mayor Bernald and the City Council presented a proclamation to Michele Rice, a representative of the U.S. Pain Foundation. 1.CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on August 15, 2018 MILLER/LO MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON AUGUST 15, 2018. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 20 Saratoga City Council Minutes – Page 3 of 9 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 08/14/2018 Period 2; 08/22/2018 Period 2; and 08/29/2018 Period 2. MILLER/LO MOVED TO ACCEPT THE ACCOUNTS PAYABLE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 08/14/2018 PERIOD 2; 08/22/2018 PERIOD 2; AND 08/29/2018 PERIOD 2. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended June 30, 2018 Recommended Action: Review and accept the Treasurer’s Report for the month ended June 30, 2018. MILLER/LO MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED JUNE 30, 2018. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Amendment to Contract with Bellecci and Associates for the Prospect Road Improvements Project Recommended Action: Approve Amendment to Contract with Bellecci and Associates in the amount of $18,840 plus a contingency of $1,800 for additional work and authorize the City Manager to execute the same. MILLER/LO MOVED TO APPROVE THE AMENDMENT TO THE CONTRACT WITH BELLECCI AND ASSOCIATES IN THE AMOUNT OF $18,840 PLUS A CONTINGENCY OF $1,800 FOR ADDITIONAL WORK AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Budget Adjustment for the Koi Pond Improvement Project Recommended Action: Adopt Resolution transferring $65,000 from the Big Basin Way Turn-Around Project to the Koi Pond Improvement Project. RESOLUTION NO. 18-045 MILLER/LO MOVED TO APPROVE THE RESOLUTION TRANSFERRING $65,000 FROM THE BIG BASIN WAY TURN-AROUND PROJECT TO THE KOI POND IMPROVEMENT PROJECT.MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 21 Saratoga City Council Minutes – Page 4 of 9 1.6. Motor Vehicle (MV) Resolution Restricting Parking on both sides of Montalvo Road Recommended Action: Adopt Motor Vehicle (MV) Resolution adopting No Parking restrictions on both sides of Montalvo Road between Montalvo Lane and Montalvo Heights. MV RESOLUTION NO. MV-322 MILLER/LO MOVED TO APPROVE THE MOTOR VEHICLE (MV) RESOLUTION ADOPTING NO PARKING RESTRICTIONS ON BOTH SIDES OF MONTALVO ROAD BETWEEN MONTALVO LANE AND MONTALVO HEIGHTS.MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.PUBLIC HEARING 2.1. APCC18-0002 - Appeal of a cell facility approval along Pierce Road near the Vista Regina intersection Recommended Action: Conduct a public hearing and de novo review of the appeal, and adopt the attached resolution denying appeal APCC18-0002 and approving the cell facility application PDR18- 0011. Nicole Johnson, Planner II, presented the staff report. Mayor Bernald opened the public hearing. The appellant, including Juan Luo and her representative Leo B. Siegel, provided opening remarks. The applicant, Tedi Vriheas, Regional Vice President of AT&T, provided opening remarks. Mayor Bernald invited public comment on the item. The following people requested to speak: Lin Zhu spoke in support of the appeal David Alney spoke in opposition to the appeal Antoinette Romeo spoke in support of the appeal Tedi Vriheas provided closing remarks for the applicant. Leo B. Siegel provided closing remarks for the appellant. Mayor Bernald closed the public hearing for this item and asked for Council discussion. 22 Saratoga City Council Minutes – Page 5 of 9 RESOLUTION NO. 18-046 MILLER/CAPPELLO MOVED TO ADOPT THE ATTACHED RESOLUTION DENYING APPEAL APCC18-0002 AND APPROVING THE CELL FACILITY APPLICATION PDR18-0011 WITH TWO ADDITIONAL CONDITIONS OF APPROVAL: (1) REQUIRE THE TOP OF THE CELL FACILITY TO BE PAINTED SKY GREY BLUE AND THE BOTTOM TO BE PAINTED BROWN TO REDUCE THE VISUAL IMPACT AND (2) REQUIRE THE APPLICANT TO SUBMIT A DEPOSIT TO THE COMMUNITY DEVELOPMENT DEPARTMENT FOR PLANTING A TREE ON THE APPELLANT’S PROPERTY, NO SMALLER THAN 15 INCH BOX AND NO LARGER THAN 24 INCH BOX, TO PROVIDE ADDITIONAL SCREENING IF REQUESTED BY THE APPELLANT; IF THE APPELLANT DOES NOT REQUEST PLANTING OF THE TREE WITHIN SIX MONTHS THE DEPOSIT SHALL BE RETURNED TO THE APPLICANT. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO,. NOES: KUMAR. ABSTAIN: NONE. ABSENT: NONE. Mayor Bernald invited students in the audience to come on stage and introduce themselves. 3.GENERAL BUSINESS 3.1. Response to 2017-2018 Santa Clara County Civil Grand Jury Report Recommended Action: Review the Civil Grand Jury Report “Affordable Housing Crisis: Density is Our Destiny” and authorize the Mayor to execute the letter responding to the Grand Jury Report. Debbie Pedro, Community Development Director, presented the staff report. Mayor Bernald invited public comment on this item. No one requested to speak. MILLER/CAPPELLO MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE LETTER RESPONDING TO THE GRAND JURY REPORT ON “AFFORDABLE HOUSING CRISIS: DENSITY IS OUR DESTINY.”MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.2. 2040 General Plan Update Status Report Recommended Action: Staff recommends that the City Council receive the status report on the Saratoga 2040 General Plan Update project and provide additional direction as needed. Debbie Pedro, Community Development Director, presented the staff report. Mayor Bernald invited public comment on this item. 23 Saratoga City Council Minutes – Page 6 of 9 No one requested to speak. MILLER/BERNALD MOVED TO APPROVE THE STATUS ON THE SARATOGA 2040 GENERAL PLAN UPDATE AND DIRECTED STAFF TO ARTICULATE THE MOUNTAIN WINERY USE AS PART OF THE GENERAL PLAN UPDATE AND PROVIDE THE CITY COUNCIL WITH AN OUTLINE OF THE ANNEXATION PROCESS.MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Community Event Grant Program Recommendations Recommended Action: Approve the Finance Committee’s recommendations: 1. Add the Hakone Matsuri and Saratoga Area Senior Center Health Fair events to next Fiscal Year’s list of secured funding recipients and allocate each event a $5,000 grant 2. No longer accept off-cycle grant applications 3. Maintain the program’s current requirements and priorities Lauren Pettipiece, Administrative Analyst, presented the staff report. Mayor Bernald invited public comment on this item. No one requested to speak. LO/CAPPELLO MOVED TO APPROVE THE FINANCE COMMITTEE RECOMMENDATIONS TO: 1. ADD THE HAKONE MATSURI AND SARATOGA AREA SENIOR CENTER HEALTH FAIR EVENTS TO NEXT FISCAL YEAR’S LIST OF SECURED FUNDING RECIPIENTS AND ALLOCATE EACH EVENT A $5,000 GRANT; 2. NO LONGER ACCEPT OFF-CYCLE GRANT APPLICATIONS; AND 3. MAINTAIN THE PROGRAM’S CURRENT REQUIREMENTS AND PRIORITIES WITH A CHANGE TO THE WORD “PRIORITIES” TO CLARIFY THAT THEY ARE NOT MANDATORY REQUIREMENTS FOR THE PROGRAM. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 3.4. Communications Report Recommended Action: Receive report and provide input as needed. Lauren Pettipiece, Administrative Analyst, presented the staff report. Mayor Bernald invited public comment on this item. No one requested to speak. Council Member Lo recommended translating the Saratoga Source. 24 Saratoga City Council Minutes – Page 7 of 9 Council Member Miller noted display issues when using the search tool on a mobile device. Mayor Bernald requested information about West Valley Collection and Recycling e-waste collections and bulky item pickup. Council Member Miller concurred and suggested sharing information about Hazardous Waste. 3.5. League of California Cities Annual Conference Resolution Recommended Action: Provide input to the City’s voting delegate (Council Member Emily Lo) on the resolution to be considered at the League of California Cities Annual Conference. Crystal Bothelio, Deputy City Manager, presented the staff report. Mayor Bernald invited public comment. No one requested to speak. The City Council provided input to the voting delegate on the resolutions to be considered at the League of California Cities Annual Conference. 3.6. Amendment to City Manager Employment Agreement and Compensation Recommended Action: Approve amended employment agreement for the City Manager. Richard Taylor, City Attorney, provided the staff report. Mayor Bernald invited public comment. No one requested to speak. RESOLUTION NO. 18-047 CAPPELLO/MILLER MOVED TO APPROVE THE AMENDED EMPLOYMENT AGREEMENT FOR THE CITY MANAGER. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE COUNCIL ASSIGNMENTS Mayor Mary-Lynne Bernald Public Art Committee – the Committee discussed priorities for the year at the last meeting, many new ideas from the meeting were shared, including artistic bike racks, another round of Paint the City, and branding of public art. West Valley Clean Water Program Authority – the next meeting is September 6. 25 Saratoga City Council Minutes – Page 8 of 9 West Valley Mayors and Managers – at the last meeting, the group reviewed the VTA selection process and was given an update from Assembly Member Low’s office on recent legislation. West Valley Solid Waste Management Joint Powers Authority – the next meeting is September 6. Vice Mayor Manny Cappello Saratoga Area Senior Coordinating Council (SASCC)– the Board conducted the annual review of Executive Director and approved his review. Additionally, the Board is deeply saddened by the death of Dick Angus. Council Member Howard Miller Saratoga Sister City Organization –long term planning started for the Sister City 35 th anniversary trip. The Annual Moon viewing at Hakone is on September 20, 2018 and admission is $20. Silicon Valley Clean Energy Authority Board of Directors – the Board reviewed a mid-year budget adjustment and there have been challenges to Community Choice Aggregation from the State. There have been discussions about employee retention. Council Member Emily Lo Hakone Foundation Board & Executive Committee – the Board met on August 16. The Gala is on September 16 at 5:30 pm at Hakone and tickets still available. Currently, Hakone has 1,006 members at Hakone. The gift shop is doing well on sales of merchandise. There will be a Cherry Blossom night viewing event in 2019, as a sponsor has stepped forward to support the event. Hakone finances are doing well. Santa Clara County Library Joint Powers Authority – the summer reading program was a success. Council Member Rishi Kumar No report CITY COUNCIL ITEMS Council Member Miller, with the support of Vice Mayor Cappello, requested that staff review and bring back a report on residential district signage, not including election signs. COUNCIL COMMUNICATIONS None CITY MANAGER'S REPORT None 26 Saratoga City Council Minutes – Page 9 of 9 ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:58 P.M. MOTION PASSED. AYES: BERNALD, CAPPELLO, MILLER, LO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider Interim City Clerk City of Saratoga 27 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: 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 # 09/04/18 136875 136906 32 384,286.53 09/04/18 08/29/18 136874 09/12/18 136907 136982 76 204,347.09 09/13/18 09/05/18 136906 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 09/05/18 136880 Rec/Fac 38,926.44 09/05/18 136893 PW 34,504.31 09/05/18 136896 Fin/Admin 93,374.00 09/05/18 136897 Fin/Admin 86,420.00 09/05/18 136899 Fin/Admin 78,970.00 09/12/18 136917 City of Campbell PW 35,011.00 Accounts Payable checks voided during this time period: AP Date Check #Amount ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:Finance & Administrative Services Starting Check #Type of Checks Date Accounts Payable Accounts Payable Fund Purpose Urban Runoff Assess Budget Flooring, Inc. Water Utility City Hall Flooring WVCWP Agency Fund San Jose Water Company Building FFE Replacement Various 09/04/2018 Period 3; and 09/12/2018 Period 3. PREPARED BY: Ending Check # SCVURPPP SCVURPPP WVCWP Agency Fund Prior Check Register Checks ReleasedTotal Checks Amount Urban Runoff Assess WVCWP Agency Fund Urban Runoff Assess SCVURPPP JPA Solid Waste ProgGeneral Status N/A Reason Issued to 28 29 30 31 32 33 34 35 36 37 38 39 SARATOGA CITY COUNCIL MEETING DATE: September 19, 2018 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended July 31, 2018 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended July 31, 2018. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of July 31, 2018, the City had $480,150 in cash deposit at Comerica bank, and $23,471,746 on deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2017: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of July 31, 2018 is $23,951,896 and exceeds the minimum limit required. City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its expenditure requirements for the next six months. As of July 31, 2018, the City’s financial position (Assets $24.2M, Liabilities $3.3M and Fund Equity $20.9M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 480,150$ Deposit with LAIF 23,471,746$ Total Unrestricted Cash 23,951,896$ Cash Summary 40 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates Total Unrestricted Cash 23,951,896$ Plus: Assets 261,368 Less: Liabilities (3,309,180) Ending Fund Balance 20,904,084$ Adjusting Cash to Ending Fund Balance 41 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 * Prior year balances are unaudited and do not include budgeted transfers. These figures will be updated for future reports once the FY 2017-18 independent audit is completed. Fund Description Prior Year Carryforward 7/1/18* Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/2018 General Fund Restricted Fund Balances: Environmental Services Reserve 213,182 - - - - - 213,182 Committed Fund Balances: Hillside Stability Reserve 1,000,000 - - - - - 1,000,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 1,564,588 - - - - - 1,564,588 Facility Rese rve 2,200,000 - - - - - 2,200,000 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - - - 1,000,000 Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000 Compensated Absences Reserve 223,988 - - - - - 223,988 Other Unassigned Fund Balance Reserve (Pre YE distribution) 3,780,901 - 546,084 1,685,123 - - 2,641,862 General Fund Total 13,132,659 - 546,084 1,685,123 - - 11,993,620 Special Revenue Landscape/Lighting Districts 1,385,339 - - 4,370 - - 1,380,969 Debt Service Library Bond 997,756 - - 674,768 - - 322,989 Internal Service Fund Liability/Risk Management 588,906 - - 218,259 - - 370,647 Workers Compensation 297,374 - - 1,464 - - 295,910 Office Support Fund 116,964 - 569 1,940 - - 115,593 Information Technology Services 364,263 - - 38,648 - - 325,615 Vehicle & Equipment Maintenance 236,330 - - 8,386 - - 227,944 Building Maintenance 494,754 - - 21,049 - - 473,704 Vehicle & Equipment Replacement 517,948 - 11,270 1,049 - - 528,169 Technology Replacement 423,730 - - - - - 423,730 Facility FFE Replacement 441,847 - - 10,712 - - 431,135 Internal Service Fund Total 3,482,116 - 11,839 301,507 - - 3,192,448 Trust/Agency WVCWP Agency Fund - - 470,175 11,982 - - 458,193 Capital Project Street Projects 2,175,561 - 25,872 14,323 - - 2,187,109 Park and Trail Projects 702,319 - - 29,095 - - 673,224 Facility Projects 136,103 - - 2,013 - - 134,091 Administrative Projects 742,106 - 1,883 17,920 - - 726,069 Tree Fund Projects 92,029 - 425 - - - 92,454 Park In-Lieu Projects 392,074 - - - - - 392,074 CIP Grant Street Projects (2,219,112) - - - - - (2,219,112) CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Gas Tax Fund Projects 1,503,137 - 54,009 - - - 1,557,147 CIP Fund Total 3,537,026 - 82,189 63,350 - - 3,555,865 Total City 22,534,896 - 1,110,287 2,741,100 - - 20,904,084 42 ATTACHMENT B FUND BALANCES BY CIP PROJECT * Prior year balances are unaudited and do not include budgeted transfers. These figures will be updated for future reports once the FY 2017-18 independent audit is completed. CIP Funds/Projects Prior Year Carryforward 7/1/18* Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/2018 Street Projects Annual Road Improvements 329,218 - 25,872 963 - - 354,127 Roadway Safety & Traffic Calming 110,404 - - - - - 110,404 Prospect/Saratoga Median Improvement 745,818 - - - - - 745,818 Annual Infrastructure Maintenance& Repair 64,279 - - 13,360 - - 50,919 EL Camino Grande Storm Drain Pump 378,269 - - - - - 378,269 Storm Drain Capture Device 17,000 - - - - - 17,000 Saratoga Village Crosswalk & Sidewalk Rehabilitation 44,000 - - - - - 44,000 Quito Road Sidewalk Improvements 48,650 - - - - - 48,650 Fourth Street Bridge Widening 99,837 - - - - - 99,837 Quito Road Bridge Replacement 157,830 - - - - - 157,830 Quito Road Bridge - ROW Acquisition 39,374 - - - - - 39,374 Annual Retaining Wall Maintenance & Repairs 42,137 - - - - - 42,137 Underground Project 98,744 - - - - - 98,744 Total Street Projects 2,175,561 - 25,872 14,323 - - 2,187,109 Parks & Trails Projects Park/Trail Repairs 23,357 - - - - - 23,357 Hakone Gardens Infrastructure Improvements 89,613 - - - - - 89,613 Hakone Gardens Koi Pond Improvements 115,248 - - 29,095 - - 86,153 Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997 Guava/Fredericksburg Entrance 99,418 - - - - - 99,418 Saratoga Village to Quarry Park Walkway - Design 33,000 - - - - - 33,000 Saratoga to Sea Trail - Construction 307,686 - - - - - 307,686 Total Parks & Trails Projects 702,319 - - 29,095 - - 673,224 Facility Projects Civic Theater Improvements 70,690 - - - - - 70,690 CC/SC Panel Upgrade 65,414 - - - - - 65,414 JPCC Stage - - - 2,013 - - (2,013) Total Facility Projects 136,103 - - 2,013 - - 134,091 Administrative and Technology Projects Combined Document Imaging Project 12,263 - - - - - 12,263 City Website/Intranet 16,949 - - - - - 16,949 Development Technology 80,601 - 1,883 17,920 - - 64,564 Trak-It Software Upgrade 27,383 - - - - - 27,383 LLD Initiation Match Program 50,000 - - - - - 50,000 Horseshoe Beautification 24,650 - - - - - 24,650 General Plan Update 295,989 - - - - - 295,989 Village Specific Plan Update 80,158 - - - - - 80,158 Risk Management Project Funding 154,112 - - - - - 154,112 Total Administrative and Technology Projects 742,106 - 1,883 17,920 - - 726,069 43 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT * Prior year balances are unaudited and do not include budgeted transfers. These figures will be updated for future reports once the FY 2017-18 independent audit is completed. CIP Funds/Projects Prior Year Carryforward 7/1/18* Increase/ (Decrease) Jul Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 7/31/2018 Tree Fund Projects Citywide Tree Planting Program 68,154 - 300 - - - 68,454 Tree Dedication Program 22,500 - 125 - - - 22,625 SMSCF Tree Donation Program 1,375 - - - - - 1,375 Total Tree Fund Projects 92,029 - 425 - - - 92,454 CIP Grant Street Projects Highway 9 Safety Improvements - Phase IV (108,546) - - - - - (108,546) Prospect/Saratoga Median Improvement (2,174,399) - - - - - (2,174,399) Citywide Signal Upgrade II (965) - - - - - (965) Saratoga Ave Sidewalk 63,991 - - - - - 63,991 Quito Road Bridges - ROW Acquisition 808 - - - - - 808 Total CIP Grant Street Projects (2,219,112) - - - - - (2,219,112) CIP Grant Park & Trail Projects Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809 Total CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Park In-Lieu Projects Hakone Koi Pond Improvement 9,320 - - - - - 9,320 Saratoga Village to Quarry Park Walkway - Design 88,689 - - - - - 88,689 Unallocated Park In-Lieu Funds 294,064 - - - - - 294,064 Total park In-Lieu Projects 392,074 - - - - - 392,074 Gas Tax Fund Projects Annual Roadway Improvements 690,289 - 54,009 - - - 744,299 Prospect/Saratoga Median Improvements 685,014 - - - - - 685,014 Citywide Signal Upgrade II 99,759 - - - - - 99,759 Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990 Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 1,503,137 - 54,009 - - - 1,557,147 Total CIP Funds 3,537,026 - 82,189 63,350 - - 3,555,865 44 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 45 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 1.20 2018 1.51 1.90 Quarterly Apportionment Rates Local Ag ency Investment Fund 46 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:Community Development Department PREPARED BY:Debbie Pedro, Community Development Director Wittwer Parkin LLP, Assistant City Attorney, Nicholas Whipps, Associate SUBJECT:Adoption of Local CEQA Guidelines and State CEQA Guidelines by Reference RECOMMENDED ACTION: Approve the update to Saratoga’s Local CEQA Guidelines by adopting the Resolution in Attachment A. BACKGROUND: The California Environmental Quality Act (CEQA)requires public agencies to adopt local implementing guidelines. The City last updated its local CEQA Guidelines in 1982 (Attachment B). The local Guidelines provide for delegation of certain tasks, categories of exemptions, and procedures governing applications, environmental review, notice and comment periods, and appeals. In the intervening 36 years, various statutes and court opinions have changed the landscape of environmental review under CEQA. Likewise, the City’s own environmental review practices have changed over time. The attached Resolution would update the City’s Local CEQA Guidelines to incorporate the State CEQA Guidelines and to ensure that City practices are consistent with State law.Some noteworthy features of the updated Guidelines include: Assignment of tasks and responsibilities in a manner consistent with the City’s current practices; Identification of which City actions are appealable and which actions are not; Flexibility throughout the environmental review process (e.g., City has discretion to extend deadlines and seek additional information regarding potential impacts); Funding of environmental review through an Environmental Review Deposit,including indemnification of the City; and A “CEQA Process Chart” providing a quick way to find information and assignments regarding the environmental review process. ATTACHMENTS: Attachment A –Resolution Adopting by Reference the State CEQA Guidelines and Adopting Updated Local CEQA Guidelines Attachment B –Resolution No. 653-5 dated July 21, 1982 47 1 RESOLUTION NO: XX-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING BY REFERENCE THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES AND ADOPTING UPDATED LOCAL CEQA GUIDELINES WHEREAS, the California Environmental Quality Act (CEQA) and State CEQA Guidelines provide that each public agency, such as the City of Saratoga (City), shall adopt objectives, criteria, and procedures for administering its responsibilities under CEQA, including the orderly evaluation of projects and preparation of environmental documents (Cal. Pub. Resources Code § 21082; 14 Cal. Code Regs. § 15022(a)); and WHEREAS,the City’s Local CEQA Guidelines were last updated on July 21, 1982; and WHEREAS, the City Community Development Director has proposed updating the City’s Local CEQA Guidelines by repealing the 1982 Resolution and all prior City resolutions and policies concerning CEQA procedures, adopting by reference the State CEQA Guidelines, and adopting the new Local CEQA Guidelines as set forth in Attachment A hereto; and WHEREAS,the City has broad police powers to ensure public health, safety, and welfare within its jurisdiction. In exercise of these powers, and pursuant to the authority granted in CEQA and the State CEQA Guidelines, the City has determined that adopting the State CEQA Guidelines by reference is in the public interest and will ensure the City’s CEQA policies remain up-to-date with current CEQA statutory and regulatory provisions. The City has further determined it is in the public interest to adopt updated Local CEQA Guidelines that clarify and simplify local administrative procedures; and WHEREAS, the City Council of the City of Saratoga held a duly noticed public meeting regarding the adoption of this Resolution on September 19, 2018, and after considering this proposed Resolution, supporting documents, the Staff Report, and all testimony and other evidence presented, found that the proposed adoption by reference of the State CEQA Guidelines and adoption of Local CEQA Guidelines as described above are in the public interest and properly implement CEQA and the CEQA Guidelines. NOW,THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga as follows: Section 1.Adoption of State CEQA Guidelines by Reference. The City of Saratoga hereby adopts by reference the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 and following), as updated from time to time. Section 2.Adoption of Updated Local CEQA Guidelines of the City of Saratoga. 48 2 The City of Saratoga hereby adopts updated Local CEQA Guidelines of the City of Saratoga in the form set forth in Attachment A hereto, and all prior City Council resolutions, policies, and other directives concerning CEQA procedures including, but not limited to, the 1982 Local CEQA Guidelines (Resolution Nos. 653, 653-2, 653-3, 653-4, and 653-5) are hereby repealed. Section 3.Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this Resolution (including the contents of Attachment A hereto) is severable and independent of every other section, sub-section, sentence, clause, and phrase of this Resolution. If any section, sub-section, paragraph, sub-paragraph, sentence, clause, or phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this Resolution irrespective of the portion held invalid and further declares its express intent that the remaining portions of this Resolution should remain in effect after the invalid portion has been eliminated. Section 4.California Environmental Quality Act This action to update the City’s Local CEQA Guidelines and adopt by reference the State CEQA Guidelines is categorically exempt from CEQA pursuant to the CEQA Guidelines as follows: (1) CEQA Guidelines section 15061(b)(3) provides that CEQA applies only to projects which have the potential to cause a significant effect on the environment and where, as here, it can be seen with certainty that there is no reasonable possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and (2) CEQA Guidelines sections 15307 and 15308 exempt actions taken by regulatory agencies (such as the City), as authorized by state or local ordinance, to assure the maintenance, restoration, and enhancement of natural resources and the environment. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council, held on the 19th day of September 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 49 3 SIGNED: Mary-Lynne Bernald, MayorCity of Saratoga ATTEST: Date: Debbie Bretschneider, Interim City Clerk APPROVED AS TO FORM: Date: Richard Taylor, City Attorney 50 City of Saratoga Local CEQA Guidelines - Page 1 Attachment A Local CEQA Guidelines of the City of Saratoga The following processes, procedures, and criteria are hereby adopted as the City of Saratoga Local California Environmental Quality Act (“CEQA”) Guidelines: 1.State CEQA Guidelines Adopted by Reference. The City Council of the City of Saratoga has adopted by reference the California Environmental Quality Act (CEQA) Guidelines (California Code of Regulations, Title 14, Sections 15000 and following), as updated from time to time. These Local Guidelines supplement the State CEQA Guidelines with local administrative procedures to streamline the CEQA process and provide transparency to applicants for City approvals. 2.CEQA Process Chart. The City of Saratoga CEQA Process Chart, attached as a part of these Local CEQA Guidelines as Table 1, sets forth the relevant decisionmaker for each major step of the CEQA process and indicates the steps requiring a hearing prior to the decision and that are subject to appeal. 3.Community Development Director Duties. The Community Development Director, or Director’s designee (collectively, “Director”), is responsible for administering environmental review of all projects subject to CEQA in the City of Saratoga. In addition to all other duties established in the City Code and CEQA Process Chart, the Director shall be responsible for the following CEQA actions, when applicable: A.Contracting with outside consultants, or managing City staff, to prepare and process all CEQA-related documents. B.Preparing, publishing, mailing, posting, delivering, and filing all applicable CEQA notices. C.Coordinating with other City departments to respond on behalf of the City as a Responsible Agency, if directed to respond, or if the Director determines, in the Director’s discretion, a response is appropriate. D.Noticing any CEQA determination pursuant to a Notice of Determination or Notice of Exemption. 4.Acceptance of Application as Complete. No application for a permit or other City approval shall be deemed complete until the following conditions are met: 51 City of Saratoga Local CEQA Guidelines - Page 2 A.The Director has received all information required to make a determination that the underlying project is either exempt from CEQA or requires the preparation of a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report; and B.If environmental review is required, an Environmental Review Agreement has been fully executed and the Environmental Review Deposit established in that agreement has been paid in full. 5.Unreasonable Delay. An unreasonable delay by a project applicant in meeting requests by the City necessary for the preparation of a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report shall suspend the running of any specified time periods for completing a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report for the period of the unreasonable delay. A delay exceeding 30 days is rebuttably presumed to be unreasonable. 6.Environmental Review Process. A.The City shall prepare, or contract with outside consultants to prepare environmental documentation in a manner that ensures the environmental review is conducted in an objective manner. No person assigned or contracted to conduct environmental review shall have a conflict of interest that would interfere with the objectivity of the consultant’s environmental review of the project including, but not limited to, the following: i.A financial interest—as that term is defined in the Political Reform Act (Gov. Code § 87100; 14 Cal. Code Regs. § 18700(c)(6))—in the outcome of the City’s review of the project for which the consultant has been contracted to consult. ii.Bias in favor of, or against, the approval of the project. The Director may, in the Director’s discretion, determine the existence of actual bias, but only if such determination is based on concrete evidence. B.The Director, Planning Commission, or City Council may request that the applicant modify a project to reduce or avoid the environmental impact(s) of the project. If the applicant refuses to modify the project to reduce or avoid environmental impact(s) the City has determined may be significant, the Director may, in the Director’s discretion, require the preparation of an Environmental Impact Report to address the impact(s). 52 City of Saratoga Local CEQA Guidelines - Page 3 C.As the Director, Planning Commission, or City Council deem appropriate, the Director, Planning Commission, or City Council may require additional studies and information regarding the potential environmental impact(s) of a project. i.The Director, Planning Commission, or City Council may request additional studies or information from the applicant in order to ascertain whether the project may have a significant effect on the environment. ii.If any requested study or information is not readily available, the Director may independently obtain such study or information at the applicant’s expense, which expense shall be charged to the applicant. iii.If the Director, Planning Commission, or City Council determines it is infeasible to obtain studies or information it determines are necessary, the Director, Planning Commission, or City Council may assume that the project may have a significant effect on the environment and proceed by preparing an Environmental Impact Report. 7.Ministerial Actions. A.The Director shall exempt from environmental review any project the Director determines is exclusively ministerial. A project is not exclusively ministerial if it is conducted in conjunction with other discretionary actions, or if the Project includes a mix of both ministerial and discretionary elements, determinations, or approvals. B.Absent unusual circumstances, ministerial actions typically include, but are not limited to, the following: i.Building permits for construction of any structure or use that conforms to all applicable City Building Code, General Plan, and Zoning Regulations; ii.Demolition permits, unless issued to demolish, renovate, or relocate a property registered as a property of historical or cultural significance; iii.Final subdivision tract maps; iv.Merger of parcels, pursuant to Article 14-65; 53 City of Saratoga Local CEQA Guidelines - Page 4 v.Unconditional certificates of compliance or occupancy; vi.Business and other licenses, including dog and cat licenses issued pursuant to Articles 7-20 and food permits issued pursuant to Article 7-25; and vii.Approval of individual utility service connections and disconnections. 8.Cost Recovery and Environmental Review Agreement. A.An applicant for any City permit or other approval shall pay all costs related to the City’s preparation and review of all project-related environmental review documents the Director determines, in the Director’s discretion, are necessary to adequately process and analyze the project in compliance with CEQA. Related costs include staff time, outside consultants, legal review, publication, providing public notice and outreach, and all other expenses reasonably determined necessary by the City for compliance with CEQA and other state and local laws. B.The applicant shall submit an Environmental Review Agreement in a form to be determined by the Director including, but not limited to, an initial Environmental Review Deposit amount, which shall include, but is not necessarily limited to, the following: i.The estimated cost to prepare and review environmental documentation for the project; ii.The estimated cost to prepare and implement a Mitigation Monitoring and Reporting Plan, if one is required; and iii.Any fees associated with the filing of the Notice of Determination or Notice of Exemption, including any fees required under Fish and Game Code § 711.4. The Environmental Review Agreement shall provide that the City shall suspend the processing of environmental review if the applicant does not replenish the Environmental Review Deposit when, and in the amount, requested by the City. C.As an essential term of the Environmental Review Agreement, the applicant shall indemnify the City against all third-party claims, actions, or proceedings to attack, set aside, void, or annul any CEQA-related act or omission regarding the project 54 City of Saratoga Local CEQA Guidelines - Page 5 application, or any of the proceedings, acts, or determinations taken, done, or made prior to said action. 9.Appeal Process and Exhaustion of Administrative Remedies. A.Although these Guidelines are not provisions of the Saratoga City Code, any action listed as appealable in the CEQA Process Chart shall be subject to the appeal and hearing provisions of Article 2-05.030 of the City Code as if the action was one involving the exercise of administrative discretion or personal judgment pursuant to the Code. B.Only those CEQA decisions listed as appealable in the CEQA Process Chart are subject to the appeal procedures in Article 2-05.030. No other CEQA actions undertaken by the City are subject to Article 2-05.030. C.Any person who wishes to file any challenge in court related to CEQA as to any action or omission by the City shall exhaust all administrative remedies prior to filing such court challenge. 55 City of Saratoga Local CEQA Guidelines - Page 6 Table 1 City of Saratoga CEQA Process Chart Action Decisionmaker Appealable Hearing Review of application for completeness Community Development Director (“CDD”) No No Determine whether a proposal qualifies as a project CDD No No Determine whether a project is exempt CDD Yes No Determine whether an exception to an exemption applies such that environmental review is required CDD Yes No Determine whether to prepare an Initial Study CDD No No Determine whether to prepare a Negative Declaration (“ND”) or Mitigated Negative Declaration (“MND”) CDD No No Determine whether to prepare an Environmental Impact Report (“EIR”) CDD No No Determine compliance with CEQA requirements CDD No No Determine the public comment period for a CEQA document and whether to extend that period CDD No No Approve NDs, MNDs for projects subject to staff approval CDD Yes No Approve or certify NDs, MNDs, EIRs where Planning Commission has primary permitting authority Planning Commission Yes Yes Approve or certify NDs, MNDs, EIRs, Exemptions where City Council has primary permitting authority or hears an appeal City Council No Yes File NOE/NOD CDD No No 1004346.2 56 57 58 59 60 61 62 63 64 65 SARATOGA CITY COUNCIL MEETINGDATE:September 19, 2018 DEPARTMENT:CommunityDevelopment Department PREPAREDBY:Sandy L. Baily, Special Projects Manager SUBJECT:Ordinance Amending Heritage Preservation Commission Membership Requirements RECOMMENDEDACTION: 1.Conduct a public hearing. 2.Introduce and waive the first reading of the ordinance amending Chapter 13 (Heritage Preservation) of the Saratoga Municipal Code related to the Heritage Preservation Commission. 3.Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the CityCouncil. BACKGROUND: On November 4, 1981 the City Council adopted a Historic Preservation ordinance which created a five member Heritage Preservation Commission (HPC). On May 18, 1983 the City Council amended the Heritage Preservation Ordinance to increase the membership of the Commission to seven. The need for a membership increase was due to the Commission’s workload to implement the new historic preservation program and begin the process for creating a heritage inventory. Discussion by the HPC at that time was that the need for a seven member commission was temporary only. On December 16, 1987 the City adopted a resolution approving the application and State certification agreement to become a Certified Local Government (CLG). The CLG program is a partnership among local governments, the State of California Office of Historic Preservation (OHP), and the National Park Service (NPS). The CLG program encourages the direct participation of local governments in the identification, evaluation, registration, and preservation of historic properties within their jurisdictions and promotes the integration of local preservation interests and concerns into local planning and decision making processes. One of the requirements to be a CLG is that a jurisdiction must establish an adequate and qualified historic preservation review commission which meets certain criteria. 66 2 | P a g e DISCUSSION: The HPC has had a vacancy since January 2018 for which no one has applied for. In December 2018 two Commissioners terms will be up and only one of these Commissioners is eligible to reapply. Due to inactivity of applicants and the openings in December, it is recommended that the membership of the Commission be reduced from seven to five. Pursuant to CLG requirements, a minimum of five members is required. It is recommended that the qualifications be amended to be consistent with the qualifications required of CLG’s. The current HPC meets the qualification requirements for CLG’s, however due to the current vacancy, the HPC is lacking one of two professional members who has experience in the field of construction and structural rehabilitation as required by City Code. CLG’s are not required to have commissioners with only this profession. CLG’s have an expanded profession list and are required to have a minimum of two commissioners with disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. CLG’s are also required to have all of their commissioners to have a demonstrated interest in, competence or knowledge in historic preservation, not just a certain number of members as is in the City Code. Therefore, it is recommended that the qualification requirements be amended to be consistent with what is required of CLG’s and that the candidate nominated by the Saratoga Historical Foundation be permitted to qualify as one of the professional members. It is also recommended that the allowance for applying to be on the HPC by residents who do not live within Saratoga city limits, but have a zip code of 95070, be deleted from the Code. Persons who have a place of business within Saratoga city limits who wish to apply to be on the Commission is recommended to be retained in the ordinance. This would modify the eligibility requirement so that someone would have to either reside or work in the City of Saratoga in order to serve on the HPC. The draft Ordinance is included as Attachment 1. Text added to existing provisions is shown in bold double-underlined text (example) and text to be deleted is shown in strikethrough (example). The HPC considered this matter on August 14, 2018. The HPC recommended that the professional qualifications be expanded to retain architects and contractors. The HPC also recommended that candidates who have a place of business in Saratoga have a physical place of business, not an online service. These recommendations have been included in the draft ordinance. The HPC discussed the reduction of members and there were mixed comments regarding the matter. The majority of the HPC preferred to have a seven member commission due to their workload and that more members allowed a broader discussion on issues they were considering. However, the lack of applicants and the potential of not having a quorum for meetings could pose a problem and the commission understands the need for change. As required of CLG’s, the proposed amendments have been submitted to OHP for review and comment. At the writing of this report, no comments have been received. 67 3 | P a g e ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Section 15-85.070 of the Saratoga Municipal Code, a legal advertisement of the public hearing was published in the Saratoga News on September 7, 2018. ATTACHMENT: Attachment A - Draft Ordinance 68 Ordinance No. An Ordinance Adopting Amendments to the City Code Related to the Heritage Preservation Commission HPOA-18-0001 The City Council of the City of Saratoga finds that: 1.The City desires to make amendments to its City Code to provide an expanded opportunity of appointing qualified members to the Heritage Preservation Commission. 2.As a Certified Local Government (CLG), the proposed amendments have been reviewed by the State Office of Historic Preservation, and are consistent with CLG Commission requirements; 3.The Heritage Preservation Commission considered the draft Ordinance, supporting documents, and all testimony and other evidence presented at their August 14, 2018 public meeting; 4.The City Council of the City of Saratoga held a duly noticed public hearing on September 19, 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 adopted this ordinance after a second reading was waived at a duly noticed public meeting on October 3, 2018.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.California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action to amend the City Code regarding the Heritage Preservation Commission is exempt from CEQA under California Code of Regulations, Title 14, Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential of causing a significant effect on the environment, and that where, as here, it can be seen with certainty that there is no reasonable possibilitythat the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 69 Section 3.Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause, and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause, and phrase of this ordinance. If any section, sub- section, paragraph, sub-paragraph, sentence, clause, or phrase is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4.Publication. A summary of this Ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing, the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on September 19, 2018, and was adopted by the following vote on October 3, 2018. COUNCIL MEMBERS: AYES: NAYS: ABSE NT: ABSTAIN: ATTEST: SIGNED: Mary-Lynne Bernald MAYOR OF THE CITY OF SARATOGA Debbie Bretschneider INTERIM CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: Date: Date: RICHARD TAYLOR, CITY ATTORNEY 70 Attachment A — An Ordinance Adopting Amendments to the City Code Related to the Heritage Preservation Commission The sections of the Saratoga City Code as set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code 13-10.010 - Creation; qualification and residency of members. There is hereby established a Heritage Preservation Commission consisting of seven five unpaid members who shall be appointed by the City Council, with the following qualifications: and shall all have a demonstrated interest in, and competence or knowledge regarding, historic preservation. In addition: (a) One of the members who shall have been a candidate nominated by the Saratoga Historical Foundation. (b)A minimum of tTwo of the members who, by reason of training and experience, are knowledgeable in the field of construction and structural rehabilitation, such as a licensed architect, engineer, contractor or urban planner. Such members must either reside or have a place of business within the City; provided, however, with the approval of the City Council, any such members who do not maintain an office within the City may reside within the geographic area covered by the 95070 U.S. Postal Service zip code.shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. (c)Members must be residents of the City or have a physical place of business within the City.Four members appointed at large having demonstrable interest in preservation of the heritage resources within the City. Such members must be residents of the City or, with the approval of the City Council, may reside within the geographic area covered by the 95070 U.S. Postal Service zip code. 71 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:Community Development Department PREPARED BY:Debbie Pedro, Community Development Director SUBJECT: Review of Dangerous Dog Regulations RECOMMENDED ACTION: Review the dangerous dog regulations in Article 7-20 (Animals)of the Saratoga City Code and direct staff to amend the ordinance as necessary. BACKGROUND: Animal control regulations, including requirements for potentially dangerous and dangerous dogs, are contained in Article 7-20 of the Saratoga City Code (Attachment B).The City Council last updated the dangerous dog regulations in November 2014. At the August 1, 2018 City Council meeting, Donna Poppenhagen submitted a letter to the Council requesting changes to the City’s dangerous dog regulations (Attachment A).Council Member Lo with the support of Council Member Kumar,requested a review of the City’s dangerous dog regulations at the same City Council meeting. Ms. Poppenhagen’s suggestions are summarized below: 1.Posting of dangerous dog signs that are visible from the street or sidewalk at all entrances to the property including the garage doors. 2.Requirement for behavior modification to ensure that the dogs are no longer a threat to the community before being released from Animal Control. 3.More frequent home inspections to verify that the owners are in compliance with the City’s dangerous dog maintenance requirements. 4.Requirement that a dangerous dog must be enclosed in a secure location with adequate room to run and exercise. The City contracts with San Jose Animal Care and Services (SJACS)for animal control services. Staff, in consultation with SJACS, reviewed Ms. Poppenhagen’s suggestions and recommends the 72 2 | P a g e following modifications to Article 7-20 of the City Code to help strengthen the dangerous dog regulations: 1. Neighbor Notification - After a dangerous dog determination has been made by the Animal Control Officer, a one-time notification shall be made to neighbors residing or owning property within five hundred feet of the boundaries of the property at which a dangerous dog is located. 2. Inspection Requirement - Instead of annual home inspections, inspections shall be conducted by SJACS once every six months to determine compliance with the requirements for dangerous dog maintenance. 3. Registration and Tagging – Once a dangerous dog determination has been made by the Animal Control Officer, the owner shall register such dog with the SJACS and SJACSshall issue a metal tag identifying the dangerous dog. Each dog shall wear the metal tag issued for it at all times. 4. Behavior Modification – Require the successful completion of obedience training or other training or treatment by an animal behaviorist or trainer that is pre-approved by SJACS within a reasonable timeframe. Staff invites the City Council to provide feedback on these recommendations. Should the Council wish to proceed with amending the dangerous dog regulations in Article 7-20 of the City Code, staff should be directed to draft the ordinance amendments for Council review at a future meeting. ATTACHMENTS: Attachment A – Letter from Donna Poppenhagen dated August 1, 2018 Attachment B – Article 7-20 (Animals) 73 74 Article 7-20 - ANIMALS [1] Footnotes: --- (1) --- Editor's note—Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, amended the title of Art. 7-20 to read as herein set out. Art. 7-20 was formerly titled "Animals and Fowl." Prior ordinance history: Ord. 71-126. 7-20.010 - Definitions. For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Animal includes any live vertebrate creature, domestic or wild, except fish. (b) Animal Control Officer means the Community Development Director or another City Employee or agent duly appointed in writing by the City Manager to act on his or her behalf in the administration and enforcement of the animal and rabies control laws and the provisions of this Article. (c) Animal establishment means any commercial premises or place within the City where animals are kept or boarded overnight. (d) Animal shelter or shelter means a facility operated by a public agency or by an accredited, tax- exempt humane organization for the purpose of impounding, harboring, selling, placing, or destroying seized, stray, distressed, homeless, abandoned, or unwanted animals. (e) Cat includes all domesticated felines. (f) Commercial kennel means any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters, or private kennels shall not be considered commercial kennels. (g) Dangerous animal means any wild, exotic, nondomestic, or venomous animal, or other animal, other than a dog, which because of its size, disposition, or other characteristic would constitute a danger to persons or property. (h) Dangerous dog means any dog, except a dog assisting a peace officer engaged in law enforcement duties, which has demonstrated any or all of the following characteristics: (1) Inflicted severe injury or killed a person; or (2) Killed a domestic animal, off the property of the owner of the dog; or (3) Committed an act qualifying it as a potentially dangerous dog more than twice during a thirty- six-month period. (i) Dog includes all domesticated canines. (j) Grooming parlor means any commercial premises or place where animals are trimmed, bathed or groomed. (k) Owner means any person who owns or exercises custody and control of an animal or who harbors or keeps an animal for five consecutive days. (l) Person means any individual, establishment, firm, association, organization, partnership, trust, corporation, or company. (m) Pet shop means an establishment operated by any person where any live animals are kept for sale, barter or hire. 75 (n) Potentially dangerous dog means any dog, except a dog assisting a peace officer engaged in law enforcement duties, that has committed any of the following acts: (1) On two separate occasions within a thirty-six-month period, engaged in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the dog are off the property of the owner of the dog and the dog was not first proven to have been physically assaulted by the person; or (2) Bitten a person causing an injury that is not severe as defined herein; or (3) Severely injured a domestic animal at a location that is not the property of the owner of the dog. (o) Private kennel means a person who maintains within or adjoining his or her private residence three or more dogs over four months of age, or three or more cats over four months of age, but no more than a combined total of five dogs and cats; such animals to be for that person's recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two male dogs or cats used for breeding purposes for which compensation is received, or the parturition and rearing of more than two litters of dogs or cats in any one calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purposes of commercial breeding; and the owner of the premises shall be subject to the permit requirements of a commercial kennel. (p) Quarantine means isolation of an animal in a place and manner approved by the Animal Control Officer. (q) Severe injury means any physical injury that results in muscle tears, disfiguring lacerations, one or more broken or fractured bones, or requires multiple sutures or staples, or corrective or cosmetic surgery. (r) Wild animal means any wild, exotic, undomesticated, or venomous animal, including mammals, fowl or reptiles. (Ord. 71-136 § 1 (part), 1994) (Ord. No. 307, § 1.B.2, 10-16-2013; Ord. No. 323, § 1(Att. 1), 11-19-2014; Ord. No. 354, § 1(Exh. A), 12- 20-2017) 7-20.020 - Authority of City Manager and Animal Control Officer. The City Manager and Animal Control Officer shall have the following power and authority: (a) To enforce the provisions of this Article and state laws relating to the care, treatment, impounding and destruction of animals. (b) To arrest any person who violates any provision of this Chapter in the manner provided by Section 836.5 of the Penal Code. (c) To issue a citation (notice to appear in court) pursuant to Section 14503 of the Corporations Code (Animal Control Officer only). (d) To act as a public officer pursuant to Food and Agriculture Code Section 7. (e) The City Manager may formulate rules and regulations in conformity with and for the purpose of carrying out the intent of this Article. Such rules and regulations shall have the same force and effect as this Article when adopted by the City Council and any violation shall be deemed an infraction. 76 (f) Pursuant to Section 14503 of the Corporations Code, the City Manager may designate as an Animal Control Officer any employee of a public agency shelter which has contracted with the City to provide animal care or protection services. (g) To propose such fees as are necessary for the administration of this Article, including, but not limited to, the fees referenced herein. All fees shall be approved by resolution of the City Council. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.030 - Inspection by Animal Control Officer. (a) The City Manager and/or an Animal Control Officer shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this Article. An inspection or search warrant will be obtained whenever required by law. (b) This entry and inspection will be made only after the occupant of the premises, if any, has been given written or oral notice of the inspection by the City Manager and/or an Animal Control Officer. If the land is unoccupied, the City Manager and/or Animal Control Officer will make a reasonable effort to locate the owner or other person having control of the property before making entry. (c) Notwithstanding the foregoing, if the City Manager and/or an Animal Control Officer has reasonable cause to believe the keeping or maintaining of any animal is so hazardous as to require an immediate inspection to save the animal or protect public health or safety, the City Manager and/or Animal Control Officer shall have the power to immediately enter and inspect the property with the use of reasonable force. If the property is occupied in such a circumstance, the City Manager and/or an Animal Control Officer will first attempt to notify the occupant and demand entry. Failure or refusal to permit such an inspection constitutes a misdemeanor. (Ord. 71-136 § 1 (part), 1994) 7-20.040 - Animals running at large. (a) No person in the City owning or having control or custody of any dog or any other animal shall cause, permit or allow the same to be at large or to stray or wander into any school yard, school building, public park, public highway or street or upon any private place or property without the consent of the owner or person in control thereof. (b) No dog shall be permitted or allowed in any residential or commercial zoning district in the City, except: (1) Within the confines of a building or structure; or (2) Within the confines of a fenced enclosure at least five feet in height which, in the opinion of an Animal Control Officer, is of sufficient strength and design to prevent escape by the particular dog confined therein; or (3) Where such dog at all times is held and led by a leash of not more than six feet in length, securely attached to a harness or collar on the dog and held by a person capable of exercising complete control over such dog. (c) The provisions of this Section shall not apply to dogs assisting peace officers engaged in law enforcement activity, or dogs being trained by peace officers, or their agents, for law enforcement activity. (d) An Animal Control Officer shall not seize or impound a dog for running at large in violation of this Section when the dog has not strayed from and is upon private property owned by the dog owner or the person who has a right to control the dog, or upon private property to which the dog owner or 77 person who has a right to control the dog has a right of possession, but in such a case a citation for such violation may be issued. (e) A dog that has strayed away from but then returned to the private property of its owner or the person who has a right to control the dog shall not be seized or impounded merely for violation of this Section, but in such a case a citation for such violation may be issued; provided, however, that if in such situation the owner or the person who has a right to control the dog is not home, the dog may be impounded, but the officer shall post a notice of such impoundment on the front door of the living unit of the owner or person who has a right to control the dog. Such notice shall state the following: that the dog has been impounded; where the dog is being held; the name, address and telephone number of the agency or person to be contacted regarding release of the dog; and that the dog may be destroyed or all owner's rights forfeited under Section 7-20.110(g) if its owner does not lawfully regain possession of the dog within four business days after (but not including) the date of posting of the notice or obtain a signed written agreement from the Animal Control Officer to keep the dog for a specified longer time period. (f) Nothing contained in subsection (d) or (e) of this Section shall affect the authority of an Animal Control Officer to seize or impound a dog or issue citations for violation of any other Section of this Article. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.050. - Repealed. Editor's note—Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, repealed § 7-20.050, which pertained to rabies and other animal diseases and derived from Ord. 71-136 § 1 (part). 7-20.060 - Wild, exotic or nondomestic animals in captivity. (a) No person shall have, keep, maintain, sell, trade or let for hire any wild, exotic, dangerous animal or nondomestic animal without first applying to and receiving special authorization from the City Manager. The keeping or maintenance of such animals shall also conform to all applicable zoning regulations. (b) The City Manager may authorize the keeping or maintaining of any wild, exotic, dangerous or nondomestic animal when, in his or her opinion, any such animal may be kept or maintained without endangering the safety of any person or property; provided, however, that the City Manager may require any such animal to be properly caged, tethered, or restrained, and he or she may impose such additional requirements that may be necessary and proper under the circumstances. The City Manager may revoke such authorization when, in his or her opinion, the safety of any person or property is endangered by the keeping of any such animal. (c) The provisions of this Section shall not be applicable to licensed circuses, carnivals, zoos, or other collections of wild animals under jurisdiction of a city, county, state or federal government. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.070 - Abandoned animals. No person shall abandon any animal in the City. (Ord. 71-136 § 1 (part), 1994) 7-20.080 - Disposal of dead animals. 78 (a) When any animal owned by or in the control of any person dies in the City, such person shall, within twenty-four hours, provide for the burial, incineration or other disposition of the body of such dead animal in a safe and sanitary manner, or such person may request the Animal Control Officer to dispose of such animal, and in such event shall pay a fee for such disposal as fixed by City Council resolution. (b) Upon learning that the body of a dead animal located within the City has not been disposed of in a safe and sanitary manner, the Animal Control Officer shall remove the body immediately. Before disposing of the body of a dead animal, the Animal Control Officer will give notice to the owner of the animal, if known, within seventy-two hours of the time that the dead animal is removed. The Animal Control Officer shall not be required to remove and dispose of bodies of dead animals on State highways or on State property. (c) The City Council may establish a fee sufficient to defray the cost incident to removal and disposal of bodies of animals. The owner or person in charge of any dead animal shall pay such fee. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.090 - Sale of cats or dogs. No person or animal establishment other than a licensed animal shelter shall sell, exchange, or barter any dog or cat less than eight weeks of age. Proof of age of the dog or cat may be required by the City Manager and/or Animal Control Officer. Proof of age may include, but is not limited to, a certification by a licensed veterinarian attesting to the animal's age. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.100 - Adoption of animals. Any person adopting an unspayed or unneutered dog or cat from any animal shelter shall have said animal spayed or neutered on or before a date specified in the adoption agreement unless a licensed veterinarian states in writing that (1) the date specified in the adoption agreement is inappropriate for the animal in question or (2) the procedure would threaten the health of the animal. On submission of such written statement to the person at such shelter responsible for insuring compliance with this Section, the adoption agreement will be modified accordingly. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.110 - Impoundment. (a) Right to impound.An Animal Control Officer may seize and impound any animal when impoundment thereof is authorized or required under any provision of this Article or State law. The Animal Control Officer may also seize and impound any stray animal running at large in violation of Section 7-20.040, subject to the limitations set forth therein, and any dog not licensed as required by Section 7-20.200. The Animal Control Officer may seize and impound any animal to protect the public health, safety, and public and private property (including but not limited to a dangerous dog or potentially dangerous dog, including such dogs when not kept in compliance with requirements for such dogs as set forth in this Article); and to protect an animal that is injured, sick, or starving and must be cared for. (b) Notice of impoundment.Whenever any animal is impounded under the provisions of this Article or State law, the Animal Control Officer shall use reasonable diligence to locate the owner and shall notify such owner of the animal's impoundment, if the whereabouts of such owner is known. The notice shall state the name, address and telephone number of the agency or person to be contacted regarding release of the animal and shall indicate the ultimate disposition of the animal in accordance with subsection (g) of this Section if no action is taken to secure its release within the 79 period of time specified in the notice, which shall be not less than four business days nor more than ten business days from the date such notice is mailed or otherwise given to the owner. If the whereabouts of such owner is unknown, the Animal Control Officer shall post a notice of the impoundment at a conspicuous place in City Hall, which notice shall contain a description of the impounded animal and shall set forth the fact that unless it is reclaimed before the time specified in such notice, which time shall be not less than four business days nor more than ten business days from the posting thereof, the Animal Control Officer will proceed to dispose of such animal in accordance with subsection (g) of this Section. (c) Hearing prior to impoundment.Except in cases where summary seizure and impoundment is authorized or required under any provision of this Article or State law, the Animal Control Officer may not seize or impound any animal, without the consent of the owner of the animal, unless a hearing is held as set forth in Section 7-20.120. (d) Care of impounded animals.The Animal Control Officer shall cause all animals impounded to be provided with sufficient food and water and with shelter suitable for such animals. (e) Fees for keeping animals.The City Council by resolution shall fix, determine and maintain a schedule of fees to be collected from the owners of all animals impounded, such fees to be sufficient to defray the costs incident to such impounding, including all costs for the care and maintenance of the animal at the shelter or other place where the animal is confined. (f) Redemption of impounded animal.The owner of an impounded animal may, at any time before the disposal thereof by the Animal Control Officer, redeem such animal by paying to the Animal Control Officer the fees, charges and, in the case of dogs, the license fee prescribed by this Article and any tax imposed by the State accruing up to the time of such redemption; provided, however, an impounded animal may not be redeemed where: (1) Such animal is determined to be diseased and ordered by the Animal Control Officer to be destroyed, as provided in Section 7-20.140; or (2) Such animal is determined to be dangerous and ordered by the Animal Control Officer to be destroyed, or the owner of such animal has failed to satisfy the conditions for release of a dangerous dog, as provided in Section 7-20.145; or (3) Such animal is required to be quarantined, as provided in Section 7-20.160. In such cases, the owner of the animal may request an appeal hearing pursuant to Section 7-20.120. (g) Disposition of impounded animal.Any animal impounded and not (1) redeemed or (2) subject to a request for hearing appealing a decision that the animal may not be redeemed, within the state- mandated holding period and in the manner specified in this Article may be disposed of by the Animal Control Officer or the shelter where such animal is confined; provided, however, any animal that has been determined by a veterinarian licensed by the State or other qualified person to be diseased or injured to the extent that emergency veterinary care will not alleviate its suffering shall be destroyed in a humane manner as soon as possible, and in such event, the Animal Control Officer shall not be required to give the notice described in subsection (b) of this Section. An animal in good health and temperament shall be made available for adoption or release to a humane society or other society incorporated and organized for the prevention of cruelty to animals qualifying under Corporations Code Section 14500 and following and deemed satisfactory by the Animal Control Officer in his or her sole discretion. (h) Record of impounded animals.The Animal Control Officer shall keep a record of all animals impounded, which record shall show the date of impoundment, license tag number, if any, the date and manner of its disposal, and if redeemed or sold, the name and address of the person by whom redeemed or purchased and the amount of all fees and other money received or collected by him and the disposition thereof. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 80 7-20.120 - Hearings. (a) Request for hearing regarding impounded animal.Any owner of an impounded animal who wishes to challenge a determination that an impounded animal may not be redeemed or the conditions imposed on redemption shall personally deliver or mail a written request for a hearing to the City Clerk. Failure to file with the City Clerk a written request for a hearing within the state- mandated holding period will forfeit all rights of ownership and control of the animal to the City of Saratoga, notwithstanding any other appeal period set forth in this Code. Upon such forfeiture, the Animal Control Officer shall determine the final disposition of the impounded animal in accordance with the law. (b) Request for hearing on other determinations pursuant to this Article.Any owner of an animal that is the subject of an order or determination pursuant to this Article other than those described in subsection (a), above, may appeal such order or determination by personally delivering or mailing a written request for a hearing within the time period required by Section 3-10.050 of the City Code. (c) Hearing initiated by Animal Control Officer.In cases where the Animal Control Officer proposes to impound any animal, but summary seizures and impoundment is not authorized or required under any of the provisions of this Article or State law, the Animal Control Officer may initiate a hearing to determine whether such animal should be impounded and shall order the owner of the animal to appear at such hearing. (d) Hearing procedures.Hearings shall be held in accordance with the procedures set forth in Section 3-10.050 of this Code except as otherwise set forth in this Section. (e) Owner's failure to appear at hearing.Failure of the owner to appear at a hearing initiated by the Animal Control Officer shall constitute a misdemeanor, subject to the punishment as prescribed in Chapter 3 of this Code. In addition, the Animal Control Officer may immediately seize and impound the animal. (f) Rescindment of order or determination.If the Hearing Officer determines that the order or determination at issue is not supported by the weight of the evidence, the order or determination shall be rescinded and no similar order or determination may be made with respect to that animal unless new facts arise following the hearing that provide reasonable grounds to support the order or determination. (Ord. 71-136 § 1 (part), 1994; Ord. No. 307, § 1.B.2, 10-16-2013; Ord. No. 323, § 1(Att. 1), 11-19-2014; Ord. No. 354, § 1(Exh. A), 12-20-2017) Editor's note—Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, amended § 7-20.120 in its entirety to read as herein set out. Said section formerly pertained to hearing on impoundment. 7-20.130 - Summary seizure and post seizure hearing. (a) Seizure in absence of owner.Except as otherwise provided in Section 7-20.040, an Animal Control Officer may seize and impound any animal for violation of any provision of this Article or State law prior to a hearing in any of the following situations where the owner is not present and where the Animal Control Officer reasonably believes it is necessary: (1) To protect public health, safety and property; (2) To protect an animal that is injured, sick, or starving and must be cared for; or (3) To protect an animal from injury that has strayed onto public property or public right-of-way. (b) Seizure when owner present.Even when the person owning or having charge of an animal is present, an Animal Control Officer may seize or impound any such animal he or she reasonably believes to be infected with disease transmittable to a human being or to be dangerous so as to be a menace to public health or safety. Such seizure or impoundment may be made even though the 81 animal is at the time of seizure confined by the person owning or having charge of the animal if the Animal Control Officer reasonably believes that such seizure and impoundment is necessary to protect the public health and safety. (c) Post seizure hearing.If the owner of the animal wishes to challenge the impoundment, he or she shall personally deliver or mail to the Animal Control Officer a written request for a hearing such that it is received by the Animal Control Officer within the state-mandated holding period after the seizure and impoundment, and such hearing shall then be scheduled, noticed and conducted as set forth in Section 7-20.120. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.140 - Diseased animals. (a) Restriction concerning diseased animals.No person owning or having possession of any animal that is infected with any disease transmissible to man or that constitutes a public health hazard shall knowingly permit such animal to be or remain within the City other than at an approved veterinary hospital or alternate site of confinement approved by the Animal Control Officer. Any violation of this subsection shall constitute a misdemeanor. (b) Seizure and impoundment.The Animal Control Officer may seize and impound without prior hearing any animal he or she reasonably believes to be diseased. The Animal Control Officer shall keep such animal in a safe place long enough to observe, examine and determine whether it is diseased so as to constitute a threat to public health or safety. (c) Hearing.The owner of an animal that is impounded as a diseased animal shall have the right to a hearing on the determination of such diseased condition. The hearing shall be requested, noticed and conducted within the time and in manner as specified in Section 7-20.120 of this Article. (d) Destruction of diseased animals.Animals that have been determined by a veterinarian licensed by the State or other qualified person to be so diseased as to constitute a threat to public health or safety, shall be destroyed by or under the direction of the Animal Control Officer. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.143 - Potentially dangerous dogs. (a) A dog that qualifies as a potentially dangerous dog under the definition contained in this Article may be determined to be a potentially dangerous dog by the Animal Control Officer. The Animal Control Officer shall provide notice of such determination to the owner. The owner may request an appeal hearing pursuant to Section 7-20.120. The City shall maintain a list of potentially dangerous dogs in the City of Saratoga and keep of a record of incidents of dangerous or potentially dangerous dog behavior by potentially dangerous dogs reported by the Animal Control Officer. (b) If no additional incident of dangerous or potentially dangerous dog behavior occurs within a thirty- six-month period from the date the Animal Control Officer determines a dog to be a potentially dangerous dog, the dog shall be removed from the list of potentially dangerous dogs. (c) A dog may be, but is not required to be, removed from the list of potentially dangerous dogs if the owner of the dog satisfactorily demonstrates to the Animal Control Officer that changes in circumstances or measures taken by the owner, such as training of the dog, have satisfactorily mitigated the risk to public safety. (d) A dog determined to be potentially dangerous, while on the owner's property, shall at all times be kept indoors, or in a securely fenced yard from which the dog cannot escape, and into which children cannot trespass. A potentially dangerous dog may be off the owner's property only if it is restrained by a leash of not more than six feet in length and if it is under the control of a responsible adult. 82 (e) If a dog determined to be potentially dangerous dies, is sold, transferred, or permanently removed from the City, the owner of the dog shall notify the Animal Control Officer of such changed circumstance and/or location of the dog in writing within five business days. (Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.145 - Dangerous dogs. (a) [ Determination.] A dog that qualifies as a dangerous dog under the definition in this Article may be determined to be a dangerous dog by the Animal Control Officer. The Animal Control Officer shall provide notice of such determination to the owner. The owner may request an appeal hearing pursuant to Section 7-20.120. The City shall maintain a list of dangerous dogs in the City of Saratoga and keep of a record of incidents of dangerous or potentially dangerous dog behavior by dangerous dogs reported to the Animal Control Officer. (b) [ Removal from list of dangerous dogs.] If no additional incident of dangerous or potentially dangerous dog behavior occurs within a thirty-six-month period from the date an Animal Control Officer determines a dog to be a dangerous dog, the dog shall be removed from the list of dangerous dogs. (c) Dangerous dog maintenance requirements. (1) Requirements for confinement.No person shall have, possess or maintain a dangerous dog unless that person demonstrates, to the satisfaction of the City Manager or the Animal Control Officer, that the dangerous dog is securely confined as follows: a. Outdoors: when not on leash, the dangerous dog must be maintained in a secure and enclosed space behind a fence of not less than six feet in height that the dog cannot exit without assistance from the owner of the dog. The space shall also be secure so as to prevent minors from accessing the area where the dog is contained. b. Indoors: by means of a house, apartment, building or similar structure wherein the windows and doors are secured to prevent the dog from exiting without the assistance of the owner or a person designated by the owner with the right to control the dog. c. When a dangerous dog is not confined as prescribed in subsection (c)(1)a of this Section, the owner or person designated with the right to control such dog shall be required to keep the dog: 1. On a leash not to exceed three feet in length. The dog shall at all times be under the control of a person at least eighteen years of age who is physically capable of restraining it. A dangerous dog shall not be leashed or tethered at any time to inanimate objects such as trees, posts or buildings, except when the dog is inside a securely enclosed, escape-proof locked kennel or pen; and 2. Securely muzzled. The muzzling device shall be constructed to allow normal respiration but impossible for the dog to remove it without human assistance. (2) Signage.A sign advising of the presence of a dangerous dog shall be posted at every entrance to every place wherein such dog is confined. The sign shall be capable of being understood by a child of age six or more. (3) Requirements for transportation.During transportation, a dangerous dog shall be securely enclosed and unable to escape the vehicle in which it is being transported. No dangerous dog shall be left unattended in or about any vehicle. (4) Requirement for sterilization.The owner of the dangerous dog shall be required to have the dangerous dog spayed or neutered, unless a licensed veterinarian states in writing that sterilization would make the dog in question more dangerous or significantly threaten the health of the dog. 83 (5) Microchip.The owner of the dangerous dog shall be required to have the dangerous dog permanently identifiable by means of implantation of a microchip. (6) Behavior modification.The owner of the dangerous dog shall be required to consult with and retain an animal behaviorist or trainer to make reasonable effort to modify and correct the dog's behavior to prevent future incidents of dangerous behavior. (7) Minors.At no time may a dangerous dog be left in the company of any minor without supervision of an adult capable of controlling and restraining the dog. (d) Requirement for inspection.The Animal Control Officer shall conduct annual home inspections to determine compliance with the requirements for dangerous dog maintenance. The inspection shall be subject to any fee for such inspection set forth in the schedule of fees adopted by resolution of the City Council. (e) Change of address or ownership.The owner of a dog that has been determined to be a dangerous dog hereunder shall notify the City Manager, in writing, of any change of address or ownership within five business days from the date of such change. (f) Failure to comply with requirements.Any owner of a dangerous dog who fails or is unable to comply with any of the requirements set forth in this Section or any conditions imposed by the Animal Control Officer with respect to such dog, shall surrender such dog to the Animal Control Officer for destruction or other disposition as determined by the Animal Control Officer. (g) Violations.The violation of any provision contained in this Section shall constitute a misdemeanor. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) Editor's note—Ord. No. 323, § 1(Att. 1), adopted Nov. 19, 2014, amended § 7-20.145 in its entirety to read as herein set out. Said section formerly pertained to vicious animals. 7-20.150 - Authority of property owner to take possession of stray animal. Any person who finds any animal that has strayed or is running at large upon his or her own property or any other place contrary to the provisions of this Article may take possession of and hold the same; provided, that he or she shall notify the Animal Control Officer or the County Sheriff of the fact that he or she has such animal in his or her possession within six hours after securing possession thereof, and give the Animal Control Officer or County Sheriff full information in regard to the same, and surrender the same to the Animal Control Officer upon demand. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.160 - Animal bites; quarantine. (a) Any person having knowledge that any animal is known to have or is suspected of having bitten any person shall immediately report that fact to the Animal Control Officer with full information in regard to the incident. (b) Upon receipt of such a report, the Animal Control Officer shall seize or quarantine such animal for a period of fourteen days or such other period as may be prescribed by the State Department of Health. The Animal Control Officer may order the owner to quarantine the animal on his or her premises. (c) Any person who fails, refuses, or neglects to quarantine any animal as ordered by the Animal Control Officer, or who refuses to allow the Animal Control Officer to inspect any private premises where the animal is kept, is guilty of a misdemeanor. No animal shall be removed or released during the quarantine period without written permission of the Animal Control Officer. 84 (d) The City Manager may charge a fee, as set forth in a resolution of the City Council for the City's costs of seizing or quarantining animals and inspection for quarantine of animals. Any fee charged shall be paid by the owner of the animal. Such a fee shall be in addition to the actual costs of the Animal Control Officer in housing, feeding and otherwise caring for a quarantined animal. (e) The head of any animal that dies or is destroyed while under quarantine shall be submitted to the Animal Control Officer for rabies examination. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.170 - Animal maintenance. (a) The provisions of this Section shall be in addition to, and not in lieu of, any other regulations contained in this Code or in any other ordinance of the City regarding the keeping and maintenance of animals. (b) The owner of every animal shall have the duty to keep and maintain such animal in a healthy and sanitary condition, and shall have the duty to supply such animal with food, water, and suitable shelter. All animal enclosures and shelters shall be kept in a clean and sanitary condition, and free from all noxious odors or substances. The keeping of any animal in such a manner as to create unhealthy or unsanitary conditions is hereby prohibited and declared to be a public nuisance. (c) The following conditions shall constitute evidence of lack of sanitary conditions for the keeping and maintenance of animals: (1) The presence of an unusual number of flies in the vicinity of any enclosure or premises where animals are kept. (2) Any unnecessary accumulation of debris, refuse, manure, droppings or other removable material upon any surface in the vicinity of any enclosure or premises where animals are kept. (3) The presence of any obnoxious odors arising from any condition existing within the enclosure or premises where animals are kept. (4) The unnecessary existence of dust within the enclosure where animals are kept. (d) Upon receipt of a written or oral complaint from any person residing or regularly employed in the area, containing facts evidencing the existence of a violation of this Section, or a violation of any other provision of this Code relating to the keeping of animals, the Animal Control Officer or a Community Service Officer shall investigate such complaint. Such enforcement official may also initiate an investigation without the receipt of any such written or oral complaint if he has reasonable cause to believe any such violation may constitute a public nuisance. (Ord. 71-136 § 1 (part), 1994) 7-20.180 - Vaccination of dogs and cats. Every owner of a dog or cat over four months of age in the City shall cause such dog or cat to be vaccinated with an antirabies vaccine approved by the State and administered by a duly licensed veterinarian. Further vaccinations shall be made at such intervals of time as may be prescribed by the State Department of Health. (Ord. 71-136 § 1 (part), 1994) 7-20.190 - Noise from animals and fowl. Noise caused by animals and fowl shall be governed by the provisions of Section 7-30.060(f). 85 (Ord. 71-136 § 1 (part), 1994; Amended by Ord. No. 315, § 1.1, 4-2-2014) 7-20.200 - Dog and cat licenses. (a) License required.No person shall have, harbor or keep any unlicensed dog or cat in the City or permit or allow any unlicensed dog to remain on any premises under his or her control or in his or her possession contrary to the provisions of this Section. (b) Exemptions.The following are exempt from the requirement for license: (1) Dogs or cats less than one hundred twenty days old. (2) Dogs or cats vaccinated and licensed in other jurisdictions, for so long as such license remains in effect. (3) Dogs or cats owned by a nonresident of the City traveling through or temporarily sojourning therein for not more than thirty days in any twelve-month period. (4) Dogs or cats temporarily brought into the City for entry into an event, show, or exhibition scheduled not more than fifteen days thereafter. (5) Dogs or cats on sale in a duly licensed pet shop or kennel where they are kept enclosed at all times. (6) Dogs principally used for the purpose of leading persons with defective eyesight or hearing and dogs used in law enforcement agencies. Licenses and tags shall be issued for such dogs upon request without charge. (c) Fees.A license fee shall be paid for each dog or cat within the City. The amount of this fee and any applicable penalty fees shall be determined from time to time by City Council resolution. (d) Vaccination as condition to issuance of license.Prior to the issuance of any license it shall be necessary that the dog or cat licensed shall be vaccinated with antirabies vaccine as provided in Section 7-20.180 which is effective and recent enough to provide protection against rabies for the licensed period. (e) Veterinarian responsibilities.Every veterinarian who vaccinates or causes or directs to be vaccinated in the City any dog or cat with antirabies vaccine shall use a form provided by the licensing authority to certify that such animal has been vaccinated. (f) Issuance, contents.Upon the payment of the license fee, presentation of a valid certificate of vaccination by a duly licensed doctor of veterinary medicine, and, when required, and presentation of a dangerous animal registration, the City Manager shall issue a license stating the name and residence of the person to whom the license is issued, the amount paid, the date of issuance and expiration thereof, the date of expiration of the vaccination, the dates of expiration of the dangerous animal registration and insurance coverage, if applicable, and a description of the dog or cat for which such license is issued, together with the number of the metallic tag accompanying the same. (g) Term; expiration.Dog and cat licenses shall expire one year from date of issue or thirty-six months from date of issue dependent on license fee and vaccination status tendered. Dog and cat licenses shall be renewed upon expiration. When a license is renewed after the expiration date, the new license period shall begin on the expiration date of the previous period. (h) Metal tags.With each dog or cat license, the Animal Control Officer shall issue a metal tag bearing an identification number. Each dog or cat shall wear the tag issued for it at all times. In the event that it is necessary to issue a duplicate tag, a fee established by City Council resolution shall be charged to the owner. (i) Record of licenses.The Animal Control Officer shall keep a proper record of all licenses issued by him, together with a description of the dog or cat for which such license is issued. (j) Special license tax.Whenever the State Department of Public Health makes its determination that rabies exists in the City, the special dog license tax established by Sections 121645 through 121655, 86 inclusive, of the State Health and Safety Code, shall become effective immediately, in addition to the license fee provided for in subsection (c) of this Section. (k) Disposition of license fees.All money collected as a result of the license fees imposed by this Section shall be paid to the City and all money collected pursuant to the State special license tax shall be deposited in the rabies treatment and eradication fund. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.210 - Licensing of animal establishments. (a) License required; fee.No person shall operate any animal establishment within the City without first obtaining a license from the City Manager. The annual license fee shall be such amount as set by resolution of the City Council. (b) Application.An application for a license to operate an animal establishment, as described in subsection (a) of this Section, shall be made in writing on a form approved by the City Manager, and shall be accompanied by an application fee in such amount as set by resolution of the City Council. The applicant shall furnish a list of the types of animals to be maintained, used or kept at the establishment, together with the approximate number of animals of each type. Not later than ten business days after receipt of the application by the City Manager, the premises for which the license is requested shall be examined by the City Manager or his or her designee. No license shall be issued or renewed unless and until all applicable regulations set forth in this Article or elsewhere in this Code, are complied with. (c) Conditions of license.The City Manager may establish conditions for issuance, continuation and renewal of animal establishment licenses, including, but not limited to: (1) The maximum number and species of animals to be kept or maintained on the premises. (2) The construction, sanitation and maintenance of facilities. (3) Any other regulations and standards in conformity with and for the purpose of carrying out the intent of this Article. (d) Records.The licensee shall at all times keep and maintain a record of the names and addresses of persons from whom animals are received, and to whom the animals are sold, traded or given. Such records shall be made available to the City Manager upon request. (e) Regulations.Every person who owns, operates or manages any animal establishment in the City for which a license is required under this Section shall comply with the following regulations: (1) Housing facilities for animals shall be structurally sound and shall be maintained in good repair to protect animals from injury and restrict entrance of other animals. (2) All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition. (3) All animals shall be supplied with a quantity of wholesome food suitable for the species and age of the respective animals, as often as the feedings habits of such animals require, sufficient to maintain a reasonable level of nutrition. All animals shall have available to them sufficient potable water. Food and water shall be served in separate clean receptacles. (4) Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of animals. (5) All reasonable precautions shall be taken to protect the public from the animals and animals from the public. (6) Every building or enclosure wherein animals are maintained shall be properly ventilated to prevent drafts and to remove odors. Heating and cooling shall be provided as required according to the physical needs of the animals. 87 (7) All animal rooms, cages, and runs shall be of sufficient size to provide adequate and proper housing for animals kept therein. (8) All animal runs shall be of concrete and provided with adequate drainage into an approved sewer or individual sewer disposal installation. (9) All animals shall be taken to a licensed veterinarian for examination and treatment if so ordered by the Animal Control Officer. (10) No animal, except those animal(s) in a pasture provided with adequate feed and water, shall be without attention for more than twenty-four consecutive hours. The name, address and telephone number of a person responsible for the animal shall be posted in a conspicuous place, visible from outside the facility or at the main gate of a pasture where animals are kept, unless the owner or attendant of the animal(s) is immediately available on the premises. (11) All sick, diseased or injured animals shall be isolated from healthy animals at all times and shall be given proper medical treatment. The City Manager may order the operator of the facility to immediately seek licensed veterinarian treatment for any animal if such animal is reasonably believed to be in need of such treatment. (12) All animals shall be treated in a humane manner. (13) The City Manager shall have the authority to enter the animal facility when he or she has reason to believe that the provisions of the permit, this Article or applicable State law, are being violated. The failure of the operator to consent to the entry shall be deemed just cause for the revocation of the permit. (14) Every violation of applicable regulations shall be corrected within a reasonable time to be specified by the City Manager. (f) Expiration of license.Animal establishment licenses shall expire at the end of the calendar year or such other date as may be set by the City Manager. (g) Renewal of license.An animal establishment license may be renewed upon application to the City Manager, received prior to the expiration date of the license, accompanied by such documents as the City Manager may require and a renewal fee in such amount as set by resolution of the City Council. The City Manager shall have authority to renew the license for a period not exceeding one year if he or she determines that all of the findings set forth in subsections (c), (d) and (e) can still be made and the applicant has fully complied with all of the conditions of the license. The City Manager may, in his or her discretion, conduct an administrative hearing on the renewal application, in which event the same procedure shall be followed as in the case of an application for an original permit. (h) Denial or revocation of license.The City Manager may deny or revoke any license issued pursuant to this Article in the following situations: (1) Whenever determined by inspection that an animal establishment fails to meet any of the conditions of the permit, this Article, or applicable State law. (2) Whenever there is reason to believe that the applicant or the license holder has willfully withheld or falsified any information required for the license. (3) If the applicant or license holder has been convicted by a court of law of any violations in a twelve-month period of this Article, or State laws relating to animals or public nuisance caused by animals, or has been convicted of cruelty to animals in this or any other state within the previous five years. For the purposes of this Section, a bail forfeiture shall be deemed to be a conviction of the offense charged. (i) Appeal from denial or revocation of license. (1) Prior to denial or revocation of a license, the City Manager shall notify the applicant in writing of the intent to deny or revoke the license, the reasons for such denial or revocation, and that the applicant may make a written request for a hearing to the City Manager within five days after receipt of such notice if the applicant wishes to challenge the denial or revocation. 88 (2) The City Manager shall set the time and place for hearing and cause notice of such hearing to be mailed to the person requesting such hearing at least five days before the date of the hearing. The hearing shall be conducted according to Section 7-20.120. (j) No new license after denial or revocation.If license has been denied or revoked, the City Manager will not accept a new license application from the same person for the same activity at the same location less than six months after such denial or revocation, unless the applicant shows, and the City Manager finds, by inspection and/or investigation, that the grounds upon which the first application was denied or the license revoked no longer exist. (k) Permit not transferable.Permits issued pursuant to the provisions of this Section shall not be transferable. (l) Inspections.The City Manager shall have the authority to enter upon and inspect any area or premises of any animal establishment for the purpose of enforcing the provisions of this Section. (m) Hearing on granting an animal establishment license for a private kennel.In addition to all the other requirements of this Section an application for a private kennel license shall be subject to a hearing before the City Manager. The hearing shall be conducted according to the procedures in Section 7-20.120 with the following additional requirements: (1) Written notice of the time and place of the hearing shall be mailed to the owners of all properties, which abut or adjoin the property proposed to be used as a private kennel at least ten days prior to the date set for the hearing. (2) The hearing shall be conducted by the City Manager instead of the Hearing Officer and the decision of the City Manager shall be supported by the weight of the evidence and shall be final unless appealed to the City Council as provided in Article 2-05 of this Code. (3) In reaching a decision to approve, conditionally approve, or deny the application, the City Manager shall take into account: a. All of the provisions of this Section; b.All of the provisions of Section 15-11.020(h), regardless of the applicable zoning district; and c. The history of the property and the applicant in terms of keeping animals, including the code enforcement history. (Ord. 71-136 § 1 (part), 1994; Ord. 71-158 § 1, 1995; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.220 - Horses. (a) Purpose.This Section is adopted to regulate the keeping and maintenance of horses, in order to protect and promote the public health, safety, welfare, comfort and convenience, while permitting residents to keep horses under appropriate conditions, and further to establish conditions and requirements for the operation of commercial and community stables. This Section is also intended to provide a basis for correction of existing unsafe and unhealthful conditions. (b) Definitions.For the purposes of this Section and other provisions of this Code, the following words and phrases shall have the meanings respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise: (1) Boarding stable means any stable or corral where horses are lodged or fed for remuneration. (2) Commercial stable means any establishment providing services or facilities for the keeping, training, breeding, or use of horses, other than for private use, including, but not limited to, boarding stables and riding schools, but not including community stables. (3) Community stable means a private stable or corral designed, owned and used solely by residents and guests of a particular area, for the keeping, training, breeding, or use of horses in 89 private ownership, for homeowners, private clubs, or riding schools, where riding lessons are not open to the public and no horses are offered to the public for remuneration, hire or sale. (4) Corral means an area enclosed by fencing for the keeping of horses or other livestock. (5) Horse includes any member of the horse family (Equidae) including, but not limited to, ponies, donkeys and mules. (6) Horse stable means any building or structure or portion thereof designed or used for the housing or feeding of a horse or horses or other livestock. (7) Keeping or maintenance , in relation to a horse or horses, means the harboring or maintaining possession of any horse on a site together with the maintenance of such animal by the feeding or otherwise supplying of necessities of life to the same. Any horse physically present on a site for a continuous period in excess of seventy-two hours is being kept, within the meaning of this definition, by the owner or other occupancy of the site. (8) Keeping or maintenance for private use , in relation to a horse or horses, means the keeping of horses owned by the owner of the site where such horses are kept, for the private use by such owner and his guests as a use accessory to a residence on the same site, and not for remuneration, hire or sale. (9) Pasture means a plot of ground other than a corral with grass or other plant life available for grazing horses. (10) Riding school means any establishment providing or offering for remuneration, equestrian instruction through private lesson, organized class, or group instructional activities, or any establishment where horses are maintained or facilities provided primarily for the purpose of providing equestrian instruction for remuneration. (c) Interpretation of provisions.The provisions of this Section shall be held to be minimum requirements except where it is expressly stated that maximum requirements shall prevail. The provisions are not intended to impair or interfere with any private restrictions placed upon property by covenant or deed or otherwise; provided, however, that where this Section imposes greater restrictions upon such property, the provisions of this Section shall control. (d) Compliance with regulations. (1) It shall be unlawful for any person to keep or maintain any horse, or cause any horse to be kept or maintained in the City except in conformity with the provisions of this Section and the applicable zoning regulations of the City as set forth in Chapter 15 of this Code. (2) Horses may be maintained for private use and commercial or community stables may be maintained only in such zoning districts and only with such minimum site areas and minimum distances of stables and corrals from property lines and other structures as permitted under the applicable zoning regulations set forth in Chapter 15 of this Code. (e) General regulations.All horses in the City shall be kept and maintained in compliance with the following regulations: (1) Enclosures and control.All horses shall at all times be kept in a corral or enclosed stable meeting the requirements of this Section other than when being ridden or exercised under the direct control of some responsible person. (2) Construction of corrals and stables.All corrals shall be enclosed by a substantial fence, and corrals for the enclosure of stallions shall conform to all State laws governing safety fencing, and all stables and corrals shall be erected and constructed in conformity with the Building Code of the City. Where existing buildings and structures constructed in compliance with regulations in force at the time of construction do not comply with current regulations, and constitute a threat to health, safety or the general welfare, specific corrections may be required by the City Manager within 90 days of notice of the requirement. 90 (3) Fire protection.Buildings and structures for the keeping of horses shall conform to the fire protection standards of the fire district in which the site is located. (4) Maintenance; sanitary conditions.All stables and corrals shall at all times be kept adequately clean of manure. All horses and premises on which horses are kept shall be maintained in a clean and sanitary condition. (f) Commercial and community stables.Each commercial or community stable shall conform with the following provisions, whether or not such provisions are specifically set forth in a use permit granted for such stable under Chapter 15 of this Code: (1) The premises shall be under the full-time supervision of a competent attendant on duty on the premises. (2) Any commercial or community stable providing equestrian instruction shall give such instruction only on the premises, unless special permission to do otherwise has been granted in the use permit. (3) No lighting other than needed for safe passing around buildings shall be permitted unless specifically approved under the terms of the use permit. (g) Inspections.The City Manager and the County Health Officer shall have authority to enter upon and inspect any premises where any horse is kept or maintained for the purpose of enforcing the provisions of this Section. (Ord. 71-136 § 1 (part), 1994) (Amended by Ord. No. 284, § 1(Att. A), 5-18-2011; Ord. No. 354, § 1(Exh. A), 12-20-2017) 7-20.225 - Animals and vehicles. (a) No person, other than an individual then actually in the process of working a dog or other animal for ranching purposes, shall transport or carry an animal in a motor vehicle on any public street or highway, unless the animal is safely enclosed within the vehicle by means of a container, cage or other device which will prevent the animal from falling from, jumping from, or being thrown from the motor vehicle. (b) No person shall leave any dog or other animal in an unattended motor vehicle without adequate ventilation or in such manner as to subject the animal to extreme temperatures, which may adversely affect the health or well-being of the animal. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 7-20.230 - Beekeeping. (a) Purpose.This Section is adopted to establish provisions to regulate and encourage responsible beekeeping within the City, in order to protect and promote the public health, safety, welfare, comfort and convenience, while permitting the reasonable uses of bees in agricultural activities. (b) Definitions.For the purposes of this Section, and other provisions of this Code, the following words shall have the meaning respectively ascribed to them in this subsection, unless the context or the provision clearly requires otherwise: (1) Apiary means bees, hives and appliances wherever the same are kept, located or found and maintained by any person. (2) Bees means honey-producing insects of the species Apis Mellifera, including the adults, eggs, larvae, pupae or other states thereof. 91 (3) Flyway barrier means a barrier such as a solid fence, wall or dense vegetation, six feet in height and located four to five feet away from the apiary. The barrier shall be placed in front of the entrance of a hive to modify bee entrance/exit flight paths from a low angle entrance/exit to a more vertical path. (4) Hive means a structure for the purpose of housing bees. (5) Location means any premises upon which an apiary is located. (c) Location.Apiaries shall only be located within the side or rear yards and no closer than six feet from the property lines. If the apiary is located within twenty feet from a property line, the entrance shall not face that property line. (d) Height.The maximum height of the hives or other structures associated with the apiary shall not exceed six feet. (e) Number of hives.A maximum of three hives per property within the zoning districts R-1-10,000, R- 1-12,500, R-1-15,000, and R-1-20,000. A maximum of four hives per property within the R-1-40,000 zoning district and one additional hive permitted for each half acre over one acre. Apiaries are not permitted in any zoning district not listed in this subsection (e). (f) Flyway barrier.If the apiary is located within 20 feet of a property line, either a flyway barrier shall be required or the entrance of the apiary shall not face a property line. (g) Water supply.A water supply adequate in quantity for the apiary shall be provided and maintained. (h) Compliance with laws.Any person maintaining an apiary on his/her property shall comply with all local, state and federal laws. (i) Penalty.Violation of any of the provisions of this section is a misdemeanor and public nuisance subject to the penalties set forth in Chapter 3 of this Code in addition to any other remedies at law. (Ord. 71-136 § 1 (part), 1994) (Ord. No. 347, § 1(Att 1), 5-3-2017) 7-20.240 - Violations of Article; penalties. Except where a violation of this Article is expressly declared to be a misdemeanor, any violation of the provisions of this Article shall constitute an infraction and a public nuisance, subject to the enforcement methods, remedies and penalties as set forth in Chapter 3 of this Code. (Ord. 71-136 § 1 (part), 1994; Ord. No. 323, § 1(Att. 1), 11-19-2014) 92 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:Public Works Department PREPARED BY:Emma Burkhalter, Assistant Engineer SUBJECT:Saratoga-to-the-Sea Trail Design Contract RECOMMENDED ACTION: 1.Approve Design Contract with Timothy C. Best, CEG for the Saratoga-to-the-Sea Trail project, in the amount of $285,810, and authorize the City Manager to execute the same. 2.Authorize staff to execute change orders to the contract up to $28,500. BACKGROUND: On June 20,2018, City Council approved the Partnership Agreement with Midpeninsula Regional Open Space District (District). The agreement funded the design of the trail and the preparation of construction plans and cost estimate. In the Agreement, the District agrees to fund $265,000 for design. This, coupled with the City’s local match,is sufficient for the approval of the proposed design contract.The amount of the contract, with a 10% contingency, comes to $314,310. On August 9, City Staff send out a Request for Proposals to 13 companies. Consultants were given until August 31 to submit their proposal. The City received a single proposal, from Timothy C. Best, CEG. Timothy brings a very experienced team, including Placeworks assisting in the design and environmental review. One of the key elements of the proposal is to determine a construction estimate for the project that is as accurate as possible. Final Plans are to be completed by the end of March 2019, with 60% plans and construction cost estimate expected in December 2018. 93 FISCAL STATEMENT: The City Attorney’s office will be completing the environmental review. The City will also be hiring various subconsultants to assist the City Attorney in this review. The costs of this review are not included in this Design Contract, and will be covered by the remaining CIP funds of $258,565. ATTACHMENTS: Attachment A – Design Contract 94 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD'HVLJQ6HUYLFHV&RQWUDFW 3DJHRI  City of Saratoga Standard Professional Design Services Contract  7KLVDJUHHPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJDDPXQLFLSDO FRUSRUDWLRQ ³&LW\´ DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB ³&RQWUDFWRU´ ZKRDJUHHWKDW  1. Purpose of Contract.  7KLVLVDFRQWUDFWIRU        7KHSXUSRVHRIWKHFRQWUDFWLVPRUHVSHFLILFDOO\GHVFULEHGLQ([KLELW$RIWKLVDJUHHPHQW ³6FRSHRI:RUNDQG3D\PHQW7HUPV´ ,QWKHHYHQWRIDFRQIOLFWEHWZHHQWKHWHUPVRIWKLV DJUHHPHQWDQGWKH6FRSHRI:RUNRUDQ\RIWKHH[KLELWVUHIHUHQFHGLQWKLV([KLELW$WKHWHUPV RIWKHDJUHHPHQWVKDOOJRYHUQ  2. Term. 6WDUW'DWH(QG'DWH ,I6WDUW'DWHLVOHIWEODQNVWDUWGDWHZLOOEH GDWHODVWVLJQHGEHORZ   2UXSRQSURMHFWFRPSOHWLRQZKLFKHYHU RFFXUVILUVW  3. Payment&LW\VKDOOSD\&RQWUDFWRUIRUZRUNSURGXFWSURGXFHGDQGDQ\DXWKRUL]HG UHLPEXUVDEOHFRVWVSXUVXDQWWRWKLVDJUHHPHQWDQDPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB  7KLVFRQWUDFWLVD FKHFNRQH  )L[HG$PRXQW&RQWUDFW±0RQWKO\,QYRLFHV  )L[HG$PRXQW&RQWUDFW±'HOLYHUDEOH7DVN%DVHG,QYRLFHV  1RWWR([FHHG$PRXQW&RQWUDFW±+RXUO\6HUYLFHV  1RWWR([FHHGDPRXQW&RQWUDFW±7DVN%DVHG,QYRLFHV  6HH([KLELW$BBBBBBLQFRUSRUDWHGE\WKLVUHIHUHQFHIRUDGGLWLRQDOSD\PHQWWHUP LQIRUPDWLRQ  &RQWUDFWRULVnot authorizedWRXQGHUWDNHDQ\HIIRUWVRULQFXUDQ\FRVWVZKDWVRHYHUXQGHUWKH WHUPVRIWKLVDJUHHPHQWXQWLOUHFHLSWRIDIXOO\H[HFXWHG3XUFKDVH2UGHUIURPWKH)LQDQFH 'HSDUWPHQWRIWKH&LW\RI6DUDWRJD Timothy C. Best, CEG Saratoga-to-Sea Trail Design Timothy C. Best, CEG Saratoga-to-Sea Trail Design 09/20/2018 12/31/2020 285,810.00 ✔ ✔1 95 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD'HVLJQ6HUYLFHV&RQWUDFW 3DJHRI   4. Contract Administration7KHDXWKRUL]HGUHSUHVHQWDWLYHRI&LW\DQG&RQWUDFWRUIRU &RQWUDFWDGPLQLVWUDWLRQDUHOLVWHGEHORZ7KH&LW\¶VFRQWDFWSHUVRQLVWKH$GPLQLVWUDWRU  Contractor: &RQWUDFWRU1DPH  &RQWDFW3HUVRQ  6WUHHW$GGUHVV  &LW\6WDWH=LS  7HOHSKRQH V   )D[  (PDLO$GGUHVV  6DUDWRJD%XVLQHVV /LF  City of Saratoga 'HSDUWPHQW  &RQWDFW3HUVRQ  6WUHHW$GGUHVV  &LW\6WDWH=LS  7HOHSKRQH  )D[  (PDLO$GGUHVV  5. Insurance&RQWUDFWRUDJUHHVWRSURFXUHDQGPDLQWDLQLQVXUDQFHDVUHTXLUHGE\WKH SURYLVLRQVVHWIRUWKLQ([KLELW%&HUWLILFDWHVRIVXFKLQVXUDQFHDQGFRSLHVRIWKHLQVXUDQFH SROLFLHVDQGHQGRUVHPHQWVVKDOOEHGHOLYHUHGWR&LW\ZLWKLQWHQ  GD\VDIWHUEHLQJQRWLILHGRI WKHDZDUGRIWKHFRQWUDFWDQGEHIRUHH[HFXWLRQRIWKLVDJUHHPHQWE\WKH&LW\  6. General Provisions.&LW\DQG&RQWUDFWRUDJUHHWRDQGVKDOODELGHE\WKHJHQHUDO SURYLVLRQVVHWIRUWKLQ([KLELW&    Timothy C. Best, CEG Saratoga-to-Sea Trail Design Timothy C. Best, CEG Timothy C. Best, CEG 1002 Columbia Street Santa Cruz, CA 95060 1-831-425-5832 (o) / 1-831-332-7791(c) timbest@coastgeo.com PublicWorks Emma Burkhalter 13777 Fruitvale Avenue Saratoga, CA 95070 1-408-868-1274 1-408-868-1274 eburkhalter@saratoga.ca.us 96 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD'HVLJQ6HUYLFHV&RQWUDFW 3DJHRI  7. Supplemental Provisions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xhibits$OOH[KLELWVUHIHUUHGWRLQWKLVDJUHHPHQWDUHDWWDFKHGKHUHWRDQGDUHE\WKLV UHIHUHQFHLQFRUSRUDWHGKHUHLQDQGPDGHDSDUWRIWKLVDJUHHPHQW  9. Entire agreement.7KLVDJUHHPHQWVXSHUVHGHVDQ\DQGDOODJUHHPHQWVHLWKHURUDORU ZULWWHQEHWZHHQWKHSDUWLHVZLWKUHVSHFWWR&RQWUDFWRU VFRPSOHWLRQRIWKH6FRSHRI:RUNRQ EHKDOIRI&LW\DQGFRQWDLQVDOORIWKHFRYHQDQWVDQGDJUHHPHQWVEHWZHHQWKHSDUWLHVZLWKUHVSHFW WRWKHUHQGHULQJRIVXFKVHUYLFHVLQDQ\PDQQHUZKDWVRHYHU1RDPHQGPHQWDOWHUDWLRQRU YDULDWLRQRIWKHWHUPVRIWKLVDJUHHPHQWVKDOOEHYDOLGXQOHVVPDGHLQZULWLQJDQGVLJQHGE\WKH SDUWLHVKHUHWR  10.$uthority to Execute agreement. (DFKLQGLYLGXDOH[HFXWLQJWKLVDJUHHPHQWUHSUHVHQWV WKDWKHRUVKHLVGXO\DXWKRUL]HGWRVLJQDQGGHOLYHUWKHDJUHHPHQWRQEHKDOIRIWKHSDUW\ LQGLFDWHGDQGWKDWWKLVDJUHHPHQWLVELQGLQJRQVXFKSDUW\LQDFFRUGDQFHZLWKLWVWHUPV7KLV DJUHHPHQWPD\EHH[HFXWHGLQFRXQWHUSDUWVHDFKRIZKLFKVKDOOEHGHHPHGDQRULJLQDOEXWDOORI ZKLFKWDNHQWRJHWKHUVKDOOFRQVWLWXWHRQHDQGWKHVDPHLQVWUXPHQW  ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHH[HFXWHGWKLVDJUHHPHQW  ContractorCity of Saratoga  6LJQDWXUH  -DPHV/LQGVD\&LW\0DQDJHU  'DWH  6LJQHU1DPH    $77(67 6LJQHU7LWOH 'DWH'HEELH%UHWVFKQHLGHU&LW\&OHUN &RQWUDFW'HVFULSWLRQ 'DWH       $33529('$672)250   5LFKDUG7D\ORU&LW\$WWRUQH\  'DWH   Timothy C. Best, CEG Saratoga-to-Sea Trail Design Saratoga-to-Sea Trail Design 97 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD'HVLJQ6HUYLFHV&RQWUDFW±([KLELW$ 3DJHRI  City of Saratoga Design Services Contract Exhibit A – Scope of Work and Payment Terms &RQWUDFWRUVKDOOFRPSOHWHWKHVFRSHRIZRUNDQGLQYRLFHWKH&LW\LQDFFRUGDQFHZLWKWKH SD\PHQWWHUPVVKRZQEHORZ                                       $1'256HH([KLELW V $LQFRUSRUDWHGE\WKLVUHIHUHQFH -End of Exhibit A- Timothy C. Best, CEG Saratoga-to-Sea Trail Design ✔1 98 TIMOTHYC.BEST,CEG REVISEDSCOPEOFSERVICES SARATOGAͲTOͲTHEͲSEATRAILDESIGN September12,2018 TASK1:PROJECTINITIATION,MANAGEMENTANDCOORDINATION Task1.1ReviewofExistingInformation Asaninitialtask,theconsultingteamwillreviewtheexistingbackgroundinformation(dataandreports) relatedtothesiteandpertinenttotheproject.Thisreviewwillincludeour2015and2017trail feasibilityreports,existingGIS/Lidardata,historicalaerialimages,geologicmapping,drainagestudies, andanyotherinformation/datamadeavailablebytheclient.Becausewearealreadyfamiliarwiththe projectsiteaspartofour2015and2017trailfeasibilityassessment,wedonotanticipatethistobea timeconsumingtask. Task1.2KickoffMeetingandPhoneCalls TheconsultingteamwillparticipateinakickoffmeetingwithCitystaffandotherstakeholdersinvited bytheCity(e.g.SantaClaraCountyParks,MidpeninsulaRegionalOpenSpaceDistrict,andSanJose WaterDistrict).Theintentofthekickoffmeetingistoestablishexpectationsfortheproject,introduce keydesignteamstaff,discusskeyknownissuesandconstraints,andrefinetheproposedscopeofwork, budget,andscheduleinresponsetostakeholderinput. Wewillparticipateinmonthlyprojectupdatecallsasneededtoreviewprogressandpreliminary productsandwillcoordinatewithandmakeavailableourinterimworkproductstotheCityand/orother consultantscontracteddirectlybytheCity,asnecessarytosupporttheenvironmentalreviewand permittingprocess. Task1.3ProjectManagementandQualityControl Wewilladministertheprojectcontract,coordinatepersonnelandsubͲconsultantactivities,prepareand maintaintheprojectschedule,andprepareinvoicing. Deliverables: x Updatedprojectscope,scheduleandbudget. x Meetingnotes(whereapplicable). x Regularprogressreports,budgettrackingreports,andinvoices. TASK2:STUDIES,MAPPINGANDPRELIMINARYPLANS Task2.1FieldReconnaissanceandMapping Wehaveundertakenconsiderablefieldworkandmappingin2015and2017aspartofourearlierwork identifyingandassessingtheoverallfeasibilityofthetrail.Asaresult,traillocationandconstraintsare fairlywellknowntousandaresummarizedinour2015and2017reports.Additionalfieldreviewis requiredinsomeareastofurtherevaluatethegeologic,geotechnical,andhydrologicconstraintsthat couldaffectfinaltraildesign,refineandflag/stakethefinaltrailalignmenttoavoidenvironmental Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 1 of 10 džŚŝďŝƚͲϭ 99 TIMOTHYC.BEST,CEG impactsandtoimprovevisitorsatisfactionwithuse,andpreparegeneralanddetailedmapsfortrail constructionandbidpurposes.Weproposetoundertakethefollowingwork: 2.1.1FieldReconnaissanceandProjectBaseMap TheProjectTeamwillconductasitevisitoftheprojectareatoexamineexistingconditionsand documentanychangesthatmayhaveoccurredsinceourfeasibilityfieldreviews.Thiswillinclude identifyingunstableslopeareas,watercoursecrossings,wetareas,areaswhereretainingwallsmaybe required,andotherareasofconcern.Thegoalofthesitevisitwillbetoensuresitespecificdesignissues andconstraintsareunderstoodsothatalignmentsminimizeenvironmentalimpacts.Wewillrevisethe trailalignmentasneededtoavoidorminimizegeologicallyunstableterrain.Wewillalsoreviseour alignmentoptimizescenicoverlooksandotherareasofinterest. Atthisstagewewillalsoworkwiththeprojectbiologist(HTHarvey)toensurethattheproposed alignmentavoidsoradequatelyminimizesimpactstobioticandbotanicresources.Itisimportantthat thebiologicandbotanicissuesareknownearlysothatthetrailcanberoutedinamannertoavoidany potentialimpacts.SeeTask2.6 Wewillprepareatopographicbasemapfortheprojectareaatascaleof1:480(1”=40feet)with5foot minimumcontourinterval.ThismapwillbederivedfromSantaClaraCountyLiDARdataandwillprovide thebasisforthemajorityoftheconstructiondocuments. Onceafinalalignmenthasbeenestablishedwewillidentifythefollowing: ƒProposedtrailalignment ƒStreamsandwatercoursesincludingwidth,flowdirectionandtopandtoesofbanks ƒSlopesexceeding65%gradient ƒSeepsandwetareas ƒSlidesandunstableareas ƒTreesgreaterthan6”dbhthatareproposedtoberemoved.Treeswillbemappedinan approximaterelativelocationtotheproposedalignment ƒControlpoints(stakedlocationsalongthealignmentatroughly200footintervals) ƒPotentialoverlookareasorareasofinterest. ƒOtherpertinentfeatures(e.g.logs,snags,exposedbedrock). Thebasemapwillbepreciseenoughtoclarifywherethetrailwillbelocatedinrelationtoother features,andtoshowfencing,treesandotherpertinentfeatures.Thebasemapisnotadetailed topographicorboundarysurveyandthereforethelocationoffeaturesshouldbeconsidered approximate.However,withtheexceptionofthebridgeandmajorretainingwallsites,thelevelof detailonthesemapswillbesufficientforstandardtrailconstruction.Thislevelofdetailwillbe consistentwithtrailconstructiondocumentswehaverecentlypreparedforotherregionalagencies(e.g. MidpeninsulaRegionalOpenSpaceDistrict,SantaClaraOpenSpaceAuthority,andMarinCountyOpen SpaceDistrict)andwhichhavebeenapprovedbypermittingagencies. BasedontheProjectDescriptionprovidedintheRFPandourdiscussionsonthephone,weunderstand thataboundarysurveyofthetrailoreasementsisnotrequired. Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 2 of 10 100 TIMOTHYC.BEST,CEG 2.1.2TopographicSurveyofBridgeandRetainingWallSites:Detailedtopographicsurveymapsand crossͲsectionswillberequiredatthethreebridgecrossingsandpotentiallywhereretainingwallsare requiredorsignificantgradingordrainageimprovementsarerecommended.Wehavealreadyprepared atopographicsurveyandcrosssectionsoftwoofthethreebridgecrossingsaspartofour2017bridge feasibilitystudy. Wewillupdateandrevisethetopographicmapatthesetwositestoaddtreelocationsandasneeded toaddressanychangesthatmayhaveoccurredsinceouroriginalsurvey.Wewillprepareanadditional topographicsurveyandcrossͲsectionsatthethirdbridgesite.Thelimitsofthemappingwillbesufficient toincludetheanticipatedlimitsofdisturbanceassociatedwithcrossingimprovementsandapproach trailconstruction. Topographicsurveysmayalsoberequiredinareaswhereretainingwallsareproposed.However,ithas beenourexperiencethatbecausemosttrailretainingwallsarerelativelysmall(typicallylessthan2feet inheight)adetailedtopographicsurveyisgenerallynotrequiredorneeded.Ataminimumwewillstake thelocationofproposedretainingwallsandpreparerepresentativecrossͲsections. Thetopographicsurveymapswillbepreparedatascaleof1:120(1”=10feet)with1footminimum contourinterval.Thesemapswillaccuratelydepictthetopandbottomofstreamchannelbanks, directionofstreamflow,slidefeatures,treesandvegetation,preandpostconstructioncontours,area ofgrounddisturbance,andotherpertinentfeatures. Wewillestablishanetworkofpermanentsurveycontrolpointsinthevicinityoftheproposedwork. Controlpointswillbeestablishedoutsideoftheproposedworkareastoensurethey’reretainedfor futureuseduringconstructionstaking,asͲbuiltmapping,andpostconstructionmonitoring,ifrequired. Deliverables: ƒBaseMap. ƒTopographicSurveyMapsandcrossͲsections ƒMemosummarizinganychangesintrailalignmentfromwhatweoriginallyproposedinour2015 report Task2.2GeotechnicalInvestigation HaroKasunichandAssociates(HKA)willperformalimitedgeotechnicalinvestigationofselectportions oftheproposedtrail.ThepurposeoftheGeotechnicalInvestigationwillbetoexplorethesurface andsubsurfaceconditionsatthelargerstreamcrossingsandretainingwallareastodevelop geotechnicalrecommendationsforthedesignandconstructionofanyengineeredstructureor engineeredfill. HKA’sscopeofservicesconsistsofthefollowing: ƒReviewofpertinentreportsregardingthesite ƒFieldreviewwithTCBtoexaminesiteconditionsandsuitabilityofsoilsforsupportoftheproposed trailaswellasrecommendationsrelatedtoearthworkandgeneraltrailgrading ƒSubsurfaceexplorationatthethreebridgecrossingsandwhereretainingstructuresmaybe proposed.Subsurfaceexplorationwillbebasedonfieldobservations,shallowhanddugtestpits, and/orhandaugerborings.Duetotheremotesettingequipmentaccesstothesiteisnotfeasible. ƒEngineeringanalysisandevaluationoftheresultingfieldandlaboratorydata. Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 3 of 10 101 TIMOTHYC.BEST,CEG ƒDiscussionswithTCBandStructuralEngineer ƒLaboratorytestingofselectedsamplesconsideredrepresentativeofsiteconditions,inorderto ascertainorderiverelevantengineeringpropertiesincluding: Ͳ Moisture/Density Ͳ DirectShear Ͳ UnconfinedCompression Deliverables: ƒGeotechnicalreportprovidinggeotechnicaldesigncriteriafor: Ͳ SeismicDesignParameters Ͳ GeneralSiteGrading Ͳ FoundationsfortheProposedBridge Ͳ RetainingStructures(Ifrequired) Task2.3HydrologicAssessment WaterwaysConsultingInc.(WWC)willreviewandrevisetheHydrologicAnalysispresentedinour2017 reporttoidentify100Ͳyearflowratesandassociatedhydraulicparameterssuchasdepth,velocity, shear,andscourpotentialatthethreewatercoursecrossings. WWCincollaborationwithTCBwillalsoundertakeageomorphicassessmentofthethreebridgesitesto identifythepotentialforstreambankerosiontounderminetheproposedbridgeabutments.The proposedbridgeswillbeoffsetfromtheactivechannelbankswiththebridgestructureelevateda minimumof2feetabovethe100yearflowelevationinconformancewithDistrictTrailConstruction andMaintenanceGuidelines Deliverables: x Technicalmemorandumpresentinghydrologicandhydrauliccalculationsandresultsforbridge sitesandculverts,wetͲstampedbyacivilengineer. Task2.4PreliminaryStructuralDesign MayoneStructuralEngineeringInc.(MSE)willpreparepreliminaryandfinalstructuraldesignsforbuiltͲ inͲplacebridgestructuresandbridgeabutments.MSEwillalsopreparestructuraldesigncriteriafor typicaltrailretainingwalls.Basedonourearlierworkthefollowingbridgessizesandlengthswillmost likelyberequired: x Bridge1:28+footlongbuiltͲinͲplacewoodbridge x Bridge2:65+footlongpreͲfabricatedtrussbridgeprobablyneedingtobehelicopteredintothe site. x Bridge3:~30to45footlongbuiltͲinͲplaceorpreͲfabricatedbridge. Deliverables: ƒStructuraldesigncalculations ƒPreliminarybridgedesign ƒBridgedesignspecifications(tobeincludedin60%,90%and100%constructiondocuments) Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 4 of 10 102 TIMOTHYC.BEST,CEG Task2.5LandscapeandOverlookAmenities PlaceWorkswillprovideconceptsfordesignoflandscapeandoverlookamenities,includingthesitingof keyelementsincludingsignage,fencing,naturalbarriers,andbenchesthatwillenhancetheexperience andcharacterofthetrail.Itisanticipatedthatlandscapeandoverlookamenitieswillalsoenhancethe relationshipbetweenthetrail,QuarryParkandSanbornCountyPark. „FieldReviewPlaceWorkswillaccompanyTimBesttoidentifylocationsforlandscapeamenities.This taskwillbecompletedaftertheinitialtrailalignmentandbasemapiscreatedintask2.11.Site amenitylocationswillbemappedusingplanimetricandcrosssections. „ConceptDesign.PlaceWorkswillidentifylocationsforoverlooks,restareas,interpretivesignage, andsitefurnishingsandprepareconceptualplansforlocatingthesekeyfeaturesasdesiredor needed.Recommendedlandscape,overlookandinterpretiveamenitieswillbepresentedtothe City,andfurtherdevelopedforinclusionintheConstructionPlansinTasks2.6andTask3basedon inputreceivedfromtheCity. „PlanandBasisofDesign.WewillprepareaBasisofDesign(BOD)Reportthatwilldescribeexisting andproposedsiteconditionsalongwithanyassumptionsmadeinthedevelopmentoftheplans, anddescribeanydecisionsmaderegardingthepreliminarydesign. Task2.6PreliminaryTrailandBridgeDesign WewillprepareConceptLevelDesignsandcostsfortheproposedtrail,includingbridgesandretaining structures.ThepurposeofthisstepistoprovidetheCitywithanopportunitytoreviewanyproposed refinementstothetrailalignment,tobetterevaluateconstructionrelatedimpacts,andtohelpguide theirdecisionastothetypeofbridgeandretainingstructuresthatcouldbeinstalled,theirlevelof stability,access,andapproximatecosts.WhendevelopingtheplanswewillrefertotheDistrict’sTrail ConstructionMaintenanceGuidelines(AppendixBisRFP)andUniformInterjurisdictionalTrailDesign, UseandManagementGuidelines.BasedonourpastexperienceworkingwithMidpeninsulaRegional OpenSpaceDistrict(MROSD)onmultipletrailprojectsoverthepast20+year,wewillendeavortomake thetraildesignelementsconsistentwithMROSDtypicaltrailstandards.Akeyelementwillbetodesign thetrailtominimizetheriskoferosionandtheassociatedneedfortrailmaintenance. WewillworkwiththeCitytoevaluatethevariousavailableoptionsandcostsforbridgestructures, includingbuiltͲinͲplaceandprefabricated.Wewillevaluateoptionsforbridgeabutmentsand foundationstominimizethecostofconstruction.Bridgestructureandabutmenttypeswillinclude considerationsforconstructioninaremotesettingwithlimitedaccess.Thiswouldincludethefeasibility andcostoftransportingbridgematerialstothesitebyhelicopter. WewillprepareaBasisofDesign(BOD)Reportthatwilldescribeexistingandproposedsiteconditions alongwithanyassumptionsmadeinthedevelopmentoftheplans,anddescribeanydecisionsmade regardingthepreliminarydesign.TheBODdocumentisalivingdocumentthatwillbeupdatedand submittedwitheachphaseofthedesignplans. Followingcompletionoffieldandpreliminarydesignworktheconsultingteamwillbeavailableto participateinafieldmeetingwiththeCityandotherstakeholdersinvitedbytheCity(Task1.2).The Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 5 of 10 103 TIMOTHYC.BEST,CEG purposeofthismeetingwillbetoreviewthepreliminarytrailandbridgedesign,discussnewly discoveredopportunitiesandconstraints,andallowfortheClientandotherstakeholderstoprovide inputonthedesigndetails,permitstrategy,schedule,andbudget. Deliverables ƒBasisofDesign(BOD)Reportwithdiscussionofpreliminarytrailandbridgedesignoptions ƒPreliminaryTrailandBridgeDesignDrawings(.pdf) ƒPreliminarycostestimatefortrailoptions TASK3:PLANSANDSPECIFICATIONS Task3.1:60%ConstructionPlansandSpecifications ThepreferredconceptselectedbytheClientwillbeadvancedtothe60%levelofdetail,withcomments fromtheClientanddesignteamincorporatedasappropriate.The60%drawingswillbesufficiently accurateandcompletetodetermineprojectlayout,impacts,opportunities,constraintsandquantities. Theywillincludestructuraldetailingforbridges,abutments,andanyretainingwallspreparedby MayoneStructuralEngineering. ThePlanswillincludethefollowing: ƒTitleSheetwithLocationandVicinityMaps ƒGeneralTrailLayoutPlan Ͳ Willidentifytraillocationandassociatedimprovementsonasingleoverviewsheet ƒStagingandDemolitionPlan Ͳ Willincludethelocationofconstructionaccessroutes,staginglocations,andindicateall structuresproposedfordemolition.Thedemolitionplanwillalsoincludedemolitionquantities toallowthecontractortoestimateanyhaulingformaterialtobetakenoffsite.IfanyonͲsite disposalareasarerequiredthelocationwillbeidentifiedinthestaginganddemolitionplans. ƒTrailSiteandGradingandDrainagePlans Ͳ Willdepicttraillocationonaseriesofplanviewsheetsat1:480scale(1”=40’)withinminimum 5ͲfootLiDARderivedcontoursofexistingtopography.Theplanswillidentifypertinentfeatures includingalldrainagefeatures,generallocationandcharacterofvegetation,alltrees12”dbhor greaterwithin20feetofthetrail,andalltrees4”dbhorgreaterthatareproposedtobe removed.CallͲoutswillbeusedtoidentifytypicaltrailgradingandconstructionspecifications. TypicalcrossͲsectionswillbeincludedasneeded.Theplanswillidentifylocationofallstaked referencepoints.Ifareasareidentifiedrequiringdetaileddrainagegradingortreatmentsnot adequatelyaddressedbyourstandards,thesewillbeindividuallymappedandshownon detailedsiteplansorsectionsatlargerscale. ƒBridgeLayoutPlansandCrossSections Ͳ Willshowthebridgeandabutmentlocationinplanviewonadetailedtopographicsurveymap depictingexistingandproposedcontours(1ft.contourinterval),areasofdisturbance,treesto beremoved,siteaccessroutes,surveycontrolpoints,andotherpertinentfeatures.CrossͲ sectionwillshowbridgesectionsandprofiles.Includedwillbealldetails,asnecessary,toallow fortheconstructionofthebridges.ShouldtheCityselectaprefabricatedbridge,thebridge layoutsheetswillbeconceptualinnatureuntilthebridgeisformallyorderedandconstruction Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 6 of 10 104 TIMOTHYC.BEST,CEG leveldrawingsaresubmittedbythebridgemanufacturer. ƒRetainingWallLayoutPlansandSections Ͳ Willshowretainingwalllocationinplanview,typicalcrosssections,andpertinentdetailsto allowforretainingwallconstruction.Dependingonthesitetheplansmayincludeadetailed topographicmapthoughithasbeenourexperiencethatbecauseofthelowheightofthewall (lessthan30”)asimpleplanimetricmapandcrossͲsectionareusuallysufficientfordesignand constructionpurposes.Veryoftentheneedforlowretainingwallstructuresisdetermined duringthetimeofconstructionassiteconditionsdictate. ƒLandscapeAmenities Ͳ Willshowoverlooklocationswithasimpleplanimetricmapandcrosssectionsasneeded. Landscapeamenitieswillincludedetailsforinstallationofsignage,fencing,naturalbarriersand benches.PlaceWorkswillcoordinatewithotherteammembersregardingaretainingwallor deckifneededforoneoftheoverlooks. ƒErosionControlPlan(s) Ͳ Willshowhowsoillossfromthenewlyconstructedsitewillbecontrolleduntilthevegetationis established.Theerosioncontrolplanwillincludethelayoutofthesite,constructionaccess, stabilizedconstructionentrance,andtypicalerosioncontrolbmp’sanddetails. ƒNotesandSpecifications Ͳ Notes,TechnicalSpecificationsformaterialsandplacement(tobeincludedonplans),typical detailsforkeyprojectfeatures. Deliverables ƒResponsetoagencycomments ƒ60%ConstructionPlans(electronicformat) ƒSupportingdocuments(draftgeotechnical,hydrologicandstructuralreports) Task3.2:90%ConstructionPlans,Specifications Usinginputreceivedfromstaffreviewoftheconceptualplan,wewillmakerevisionstothe60% constructiondocumentstogeneratea90%submittalsufficientlyaccurateforagencyreview.Wewill respondtoconsolidatedagencycomments Deliverables ƒResponsetoagencycomments ƒ90%ConstructionPlans(electronicformatandsix(6)fullͲsizedsignedandstampedcopies) Task3.3:100%ConstructionPlansandSpecifications Usinginputreceivedfromstaffreviewandcommentsonthe90%CD’s,wewillmakerevisionsto generate100%finalconstructiondocuments. Deliverables ƒResponsetoagencycomments ƒ100%ConstructionPlans(three(3)fullͲsizedsignedandstampedcopies) Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 7 of 10 105 TIMOTHYC.BEST,CEG TASK4:COSTESTIMATE Draftandfinalcostestimateswillbesubmittedwiththe60%,90%and100%designsubmittals,as outlinedabove.Thecostwillbeinaformatthatrepresentsthefinalbidform,withmeasurementand paymentspecifiedforindividualworkitems.Wewillconsultwithprivatetrailbuilder,CountyParks,and MROSDtrailstafftohelpdeterminetrailconstructioncosts. Deliverables ƒ60%CostEstimate.The60%specificationswill,ataminimum,consistofatableofcontentsofthe anticipatedtechnicalspecifications. ƒ100%CostEstimate. TASK5:ENVIRONMENTALREVIEW OurscopeassumestheClientwilltaketheleadinenvironmentalreviewfortheprojectandthatourrole willbetoprovidetechnicalsupport,peerreview,coordinationassistance,andguidancetofacilitatethe environmentalreviewprocessattheClient’srequest.Ourscopeallowsupto60staffhoursforthe projectteamtoassistwithenvironmentalreviewonasͲneededbasisuponrequestfromtheCity. TASK6:PERMITTING Priortoconstruction,permitsfortheprojectwillneedtobeapprovedbytheCityofSaratogaaswellas resourceagencies.Resourceagencypermitsrequiredwillbedeterminedbasedonthefinalalignment anddesign,butmayincludeSection404,Section401,and1600StreambedAlterationAgreements.Our scopeassumestheClientwilltaketheleadinpermittingfortheprojectandthatourrolewillbeto providetechnicalsupport.SupportservicestypicallyincludeparticipationinpermitͲrelatedmeetingsor conferencecalls,preparationofwrittenresponsestoagencycomments,preparationandsubmittalof calculationsorfiguresrequiredtosupportpermitapplications,coordinationwiththeprojectbiologist, andpeerreviewofpermitmaterials.Ourbudgetestimateforthistaskisbasedonourexperiencewith similarprojectsinthisarea.Actualcostswillbedependentonthelevelofassistancerequestedbythe Client,andmayexceedourbudgetestimate.Theseserviceswillbeperformedonatimeandmaterials basis,attherequestoftheClientuptothelevelofeffortestimatedinourattachedbudget. EXCLUSIONS ThefollowingitemsareexcludedfromtheScopeofService(mostofthesecanbeprovidedatalater dateasadditionalservices). ƒBoundarySurvey ƒBiologicResourcesStudy ƒSubsurfaceUtilityLocationServicesorDesignofrequiredutilityrelocations ƒConstructionStaking(availableuponrequest) ƒSWPPPpreparationandInspection.Wecanprovidetheseservicesonrequest. ƒFinalCenterlineSurvey. Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 8 of 10 106 TIMOTHYC.BEST,CEG FEEESTIMATE Weproposetoworkontheprojectonatimeandmaterialbasisnottoexceedthecostssummarizedin Tables1below.ThecostsarefurtherbrokendownbytaskandconsultantinTable2. TABLE1:BUDGETSUMMARY(revised) SARATOGAͲTOͲTHEͲSEATRAILDESIGNPROPOSAL TASKAMOUNT 1PROJECTINITIATIONANDMANAGEMENT$20,055 2STUDIES,MAPPINGANDPRELIMINARYPLANS$125,090 3PLANSANDSPECIFICATIONS$81,525 4COSTESTIMATE$14,760 5ENVIRONMENTALREVIEW$10,080 6PERMITTING$7,200 7REIMBURSABLEEXPENSES$27,100 TOTAL$285,810 Contractor: Timothy C. Best, CEG Project Name: Saratoga-To-Sea Trail Design Exhibit A-1 Page 9 of 10 107 TIMOTHYC.BEST,CEGSARATOGAͲTOͲTHEͲSEARevisedbudget(9/10/18)TIMOTHYC.BEST,CEGWATERWAYSCONSULTING,INCHARO,KASUNICHANDASSOCIATESMAYONESTRUCTURALPLACEWORKSExpensesTOTALTASKSPrincipalEngineeringGeologistProjectEngineeringGeologistStaffGeologistPrincipalEngineerProjectEngineerStaffEngineerProjectGeotechnicalEngineerStaffGeotechnicalEngineerProjectStructuralEngineerPrincipalSeniorAssociateDesigner2018HourlyRate*$150$135$110$160$135$115$190$135$200$205$165$1351PROJECTINITIATIONANDMANAGEMENT$20,0551.1ReviewExistingInformation220200221210 $2,3151.2KickOffMeetingandPhoneCalls120012008820100$8,3701.3ProjectManagement168128002200160 $9,3702STUDIES,MAPPINGANDPRELIMINARYPLANS$125,0902.1FieldReconnaissanceandMapping44948442280000000$39,0302.2GeotechnicalInvestigation100000030720000 $16,9202.3HydrologicandHydraulic(HAHN)Analysis0006120000000$2,5802.4PreliminaryStructuralDesign0000000080000 $16,0002.5LandscapeandOverlookAmenities3280000000186032$23,7902.6PreliminaryTrailandBridgeDesign5230103236162120000$26,7703PLANSANDSPECIFICATIONS$81,5253.160%Constructiondocuments467210141620220102843 $37,5453.290%ConstructionPlansandSpecifications223002402844461825$24,0853.3100%ConstructionPlans/Specifications,andResponsetoComments1220015221022841821$19,8954COSTESTIMATE$14,76060%,90%and100%CostEstimate14301648010101418$14,7605ENVIRONMENTALREVIEW$10,080120080000010300 $10,0806PERMITTING$7,20012008000004200 $7,200TOTALHOURS28629413217512274531049654215139TOTALLABOR$42,900$39,690$14,520$28,000$16,470$8,510$10,070$14,040$19,200$11,070$35,475$18,765$258,7107REIMBURSABLEEXPENSES$27,100GeotechnicalSoilTesting$2,000Printing$500MclContractOverhead5,000Subconsultant7.5%markup$19,600PROJECTTOTAL$285,810Contractor: Timothy C. 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COMPLIANCE WITH LAWS 9.1 In General. &RQWUDFWRUVKDOONHHSLWVHOIIXOO\LQIRUPHGRIDQGFRPSO\ZLWKDOO ODZVSROLFLHVJHQHUDOUXOHVDQGUHJXODWLRQVHVWDEOLVKHGE\&LW\DQGVKDOOFRPSO\ ZLWKWKHFRPPRQODZDQGDOOODZVRUGLQDQFHVFRGHVDQGUHJXODWLRQVRI JRYHUQPHQWDODJHQFLHV LQFOXGLQJIHGHUDOVWDWHPXQLFLSDODQGORFDOJRYHUQLQJ ERGLHV DSSOLFDEOHWRWKHSHUIRUPDQFHRIWKH6FRSHRI:RUNKHUHXQGHU 9.2 Licenses and Permits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roperty of City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imothy C. 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imothy C. 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TERMINATION.(LWKHUSDUW\PD\WHUPLQDWHWKLVDJUHHPHQWZLWKRUZLWKRXWFDXVHE\ SURYLGLQJGD\V¶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imothy C. Best, CEG Saratoga-to-Sea Trail Design 120 &RQWUDFWRU  3URMHFW1DPH  5HY &LW\RI6DUDWRJD'HVLJQ6HUYLFHV&RQWUDFW±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¶IHHV  17. LITIGATION,IDQ\OLWLJDWLRQLVFRPPHQFHGEHWZHHQSDUWLHVWRWKLVDJUHHPHQW FRQFHUQLQJDQ\SURYLVLRQKHUHRIRUWKHULJKWVDQGGXWLHVRIDQ\SHUVRQLQUHODWLRQWKHUHWR HDFKSDUW\VKDOOEHDULWVRZQDWWRUQH\V¶IHHVDQGFRVWV  18. JURISDICTION AND SEVERABILITY7KLVDJUHHPHQWVKDOOEHDGPLQLVWHUHGDQG LQWHUSUHWHGXQGHUWKHODZVRIWKH6WDWHRI&DOLIRUQLD-XULVGLFWLRQRIOLWLJDWLRQDULVLQJIURP WKLVDJUHHPHQWVKDOOEHLQWKDWVWDWHDQGYHQXHVKDOOEHLQ6DQWD&ODUD&RXQW\&DOLIRUQLD ,IDQ\SDUWRIWKLVDJUHHPHQWLVIRXQGWRFRQIOLFWZLWKDSSOLFDEOHODZVVXFKSDUWVKDOOEH LQRSHUDWLYHQXOODQGYRLGLQVRIDUDVLWFRQIOLFWVZLWKVDLGODZVEXWWKHUHPDLQGHURIWKLV DJUHHPHQWVKDOOEHLQIXOOIRUFHDQGHIIHFW  19. NOTICE OF NON-RENEWAL&RQWUDFWRUXQGHUVWDQGVDQGDJUHHVWKDWWKHUHLVQR UHSUHVHQWDWLRQLPSOLFDWLRQRUXQGHUVWDQGLQJWKDWWKH&LW\ZLOOUHTXHVWWKDWZRUNSURGXFW SURYLGHGE\&RQWUDFWRUXQGHUWKLVDJUHHPHQWEHVXSSOHPHQWHGRUFRQWLQXHGE\ &RQWUDFWRUXQGHUDQHZDJUHHPHQWIROORZLQJH[SLUDWLRQRUWHUPLQDWLRQRIWKLVDJUHHPHQW &RQWUDFWRUZDLYHVDOOULJKWVRUFODLPVWRQRWLFHRUKHDULQJUHVSHFWLQJDQ\IDLOXUHE\&LW\ WRFRQWLQXHWRUHTXHVWRUUHWDLQDOORUDQ\SRUWLRQRIWKHZRUNSURGXFWIURP&RQWUDFWRU IROORZLQJWKHH[SLUDWLRQRUWHUPLQDWLRQRIWKLVDJUHHPHQW  20. PARTIES IN INTEREST7KLVDJUHHPHQWLVHQWHUHGRQO\IRUWKHEHQHILWRIWKHSDUWLHV H[HFXWLQJWKLVDJUHHPHQWDQGQRWIRUWKHEHQHILWRIDQ\RWKHULQGLYLGXDOHQWLW\RUSHUVRQ  21. WAIVER.1HLWKHUWKHDFFHSWDQFHRIZRUNRUSD\PHQWIRUZRUNSXUVXDQWWRWKLV DJUHHPHQWVKDOOFRQVWLWXWHDZDLYHURIDQ\ULJKWVRUREOLJDWLRQVDULVLQJXQGHUWKLV DJUHHPHQW7KHIDLOXUHE\WKH&LW\WRHQIRUFHDQ\RI&RQWUDFWRU¶VREOLJDWLRQVRUWR H[HUFLVH&LW\ VULJKWVVKDOOLQQRHYHQWEHGHHPHGDZDLYHURIWKHULJKWWRGRVRWKHUHDIWHU  -End of Exhibit C- Timothy C. Best, CEG Saratoga-to-Sea Trail Design 121 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:City Attorney PREPARED BY:Richard Taylor, City Attorney SUBJECT:Preview of Annual Code Update for 2018 RECOMMENDED ACTION: Review the proposed cleanup amendments to the City Code and direct staff to prepare an ordinance implementing the amendments for consideration by the City Council. DISCUSSION: Each year the City adopts a number of cleanup amendments to the City Code to clarify ambiguities, comply with state laws, and conform to new best practices that have changed since the Code was adopted. The attached table lists the Code sections that staff recommends be updated. If the Council approves the list staff will prepare the ordinance amendments and will consult with the Planning Commission with respect to the changes affecting the Zoning Code. The Council may direct that items be removed from the list and may propose that additional items be added. ATTACHMENT: Attachment –Proposed Code Amendments for 2018 Annual Code Update 122 123 Proposed Code Amendments for 2018 Annual Code Update Topic/Code Sections Issue Changes Chapter 2 - Administration Administrative Appeals (Section 2-05.030) The City Code provides a general right of appeal to the City Council for non-ministerial decisions of City officials. The City’s proposed California Environmental Quality Act (CEQA) Guidelines specify the types of CEQA decisions that are subject to appeal. The Code should reflect this Council policy. Amend the City Code to provide that appeals related to CEQA administration are limited to those allowed by the City’s CEQA Guidelines. Council Meeting Dates (Section 2-10.10) The City Code provides that the Council will meet on the 1st and 3d Wednesday of each month. It is impractical to meet on the first Wednesday of January because the holidays interfere with preparation and posting of agendas and staff reports. The City Council for many years has voted to cancel the first meeting in January. Amend the City Code to specify that there is no Council meeting on the first Wednesday in January. Chapter 7 – Health and Sanitation Weed Abatement (Article 7-15) At its meeting of March 15, 2017 the City Council approved various improvements to the City’s weed abatement program. Staff has implemented a number of those improvements administratively and based on experience with those improvements has identified minor Code changes that will further streamline program administration and public understanding of the process and ensure that the Code reflects the new procedures. Amend the City Code to reflect the new procedures for the Weed Abatement Program. Chapter 10 – Streets and Sidewalks Encroachments on City Property (Articles 10-15 and 10-20) The City Code provisions concerning encroachments on City property (e.g., utility lines, retaining walls, driveways, etc.) have not been updated in many years and do not reflect current City practices and best practices with respect to protecting public Amend the City Code to simplify and update the requirements for encroachment permits. 124 infrastructure. In addition, the Code includes many detailed engineering specifications that are best determined on a case-by-case basis. Chapter 15 – Zoning Code Fences (Section 15-06.21)The definition of “Fence” contains a typographical error. The first word of the last sentence is not capitalized. Amend the code to fix the error. AP/OS: Agricultural Preserve Overlay District (Article 15-15) In 2016 the City Council adopted updated procedures for processing Williamson Act applications including streamlined procedures for designating lands in the “Agricultural” and “Hillside Residential” zoning districts as Agricultural Preserves. Because of this new process, the AP/OS Overlay is no longer needed. Amend the City Code to repeal the AP/OS overlay district and confirm that all lands formerly included in the district are designated as Agricultural Preserves. Definition of Floor Area (Section 15-06.280) The floor area definition includes “basements” as a type of space that could be counted as floor area. However, the basement definition in Section 15-06.090 states below grade spaces which qualify as a basement are not to be included in the calculation of floor area. Delete the word “basements” from Section 15-06.280 as the type of space which could be considered as floor area. Winery Definition (Article 15-06) “Wineries” are a conditional use in the Hillside Residential Zoning District. The City Code does not include a definition for a winery. Amend Article 15-06 to add a definition for a Winery. Conditional Uses in the R- 1 Single-Family Residential District (Section 15-12.030) Existing code provisions include a list of conditional uses that may be allowed in the R-1 district upon the granting of use permit pursuant to Article 15-55 or Article 15-56. Regulations pertaining to Accessory Dwelling Units are contained in Article 15-56 which are not considered a conditional use and there is no need to reference them. Delete the reference to Article 15-56. 125 Fence Height Restrictions (Section 15-29.010) The Planning Commission can approve a solid fence taller than six feet through an exception process listed in Section 15-29.090. The City Code incorrectly references 15-29.080 (Exemption for Agricultural Uses) as the location of the exception process. Amend the City Code to include the correct reference. Swimming Pool Fences (Section 15-29.010) The existing fence regulations pertaining to swimming pools reference an outdated code section. Section 16-75.010 pertaining to swimming pool fencing was repealed by Ord. No. 310 adopted in Dec. 4, 2013. Swimming pool fence regulations are contained in the California Building Code. Delete the reference to Section 16-75.010 and replace it with a reference to the California Building Code Native Tree Definitions (15-50.020(p)) The list of native trees includes tree names that are incorrectly capitalized or the botanical names are spelled incorrectly. Amend the City Code to correct the misspellings. 1037705.1 126 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, Deputy City Manager SUBJECT:Neighborhood Watch Program and Grant RECOMMENDED ACTION: Receive report and provide direction to staff regarding the Neighborhood Watch Program and Grant, if desired. BACKGROUND: At the August 15, 2018 City Council Meeting, the City Council requested discussion at a future meeting on the Neighborhood Watch Program, including resident privacy, transparency of the program, and accountability for the Neighborhood Watch Grant. There are currently 71 Neighborhood Watch groups located in the City of Saratoga. As part of the registration process, groups must identify and provide contact information for a Neighborhood Watch lead. The City regularly shares information with Neighborhood Watch leads to keep them abreast of news, tips, and trends. While the City does not have a formal policy for the treatment of Neighborhood Watch lead contact information, the City does not release Neighborhood Watch lead contact information without receiving consent to do so.This includes home address, phone number, and email address. To date the only requests for Neighborhood Watch Lead contact information have come from residents seeking information about the Neighborhood Watch group that they live in or from nearby Neighborhood Watch Leads interested in connecting. Similarly, neighboring cities with active Neighborhood Watch Programs shared that they only release contact information with consent. Like most cities in the area with active Neighborhood Watch Programs, Neighborhood Watch groups are fairly autonomous once registered. Saratoga Neighborhood Watch groups are required to hold one gathering per calendar year to remain registered. Beyond this requirement, the City has not established any rules for how groups organize themselves, communicate, share information, collect or maintain resident information, or conduct events. The City does provide recommendations in the Neighborhood Watch Guide, which was developed with the guidance of the Public Safety Task Force. The guide is included in the Attachments. 127 The Neighborhood Watch Grant program was created and approved by the City Council in 2016 to help new groups get started and existing groups stay active. Registered groups may apply for an annual grant of up to $300. The grant may be used for any purpose, so long as it is used in support of Neighborhood Watch. In the past, groups have reported using the grant for things such as neighborhood events, Neighborhood Watch flyers, and security cameras. Grants are issued on a first-come, first-served basis until funding runs out. Recipients are not required to submit receipts and the grant is not issued as a reimbursement of money spent. However, they are asked to submit a report to the City explaining how the grant was used. In Fiscal Year 2016/17, 29 grants amounting to $8,700 were issued. In Fiscal Year 2017/18, 33 grants amounting to $9,800 were issued. For the current Fiscal Year, 20 grants and $6,000 in grant funds have been issued. Saratoga is one of the few cities in the area to offer grants specifically for Neighborhood Watch groups. However, there are cities that offer funding that can be used to support efforts of Neighborhood Watch organizers. For example, Redwood City offers one-time $300 Community Improvement Grants that can be used to jump-start neighborhood activities or projects. The event is only intended to give neighbors the momentum needed to start the activities or projects. The grant may not be used for annual activities or projects. The grant is issued on a reimbursement basis and requires submittal of receipts. The City of Cupertino offers a very similar grant for neighborhoods that are part of its Block Leader Program. The City of Sunnyvale also offers grants up to $1,000 per neighborhood group or association for events or project that increase neighborhood communication, improve physical conditions of the neighborhood, or enhance pride or identity. Outside of these grant programs, several communities support Neighborhood Watch through a variety of resources. Like Saratoga, most cities with active Neighborhood Watch Programs do offer to send officers to Neighborhood Watch meetings to provide residents with information about Neighborhood Watch, crime prevention tips, and current trends. The City of Cupertino will send Recreation staff to block parties to lead games and activities, if staff is available. Other cities, like the City of Milpitas, offers free park rentals or conference room reservations for Neighborhood Watch groups. Additionally, many cities also offer free Neighborhood Watch window decals and installation of Neighborhood Watch signage. However, most cities only offer 1 to 2 free signs per neighborhood. Any additional signs must be purchased by the Neighborhood. Temple City has taken a very different approach to administration of its Neighborhood Watch Program. Rather than having residents self-organize, as they do in Saratoga, Temple City has divided the City into 10 Neighborhood Watch areas and hosts one meeting per area every year to provide residents with updated crime prevention, trends, and emergency preparedness information. The area meetings are held at neutral locations, such as schools, within each area. There are approximately 700 to 1,500 households in each area and meetings are usually attended by 60 to 80 people. ATTACHMENTS: Attachment A – Neighborhood Watch Guide 128 City of Saratoga Neighborhood Watch Program www.saratoga.ca.us/neighborhoodwatch *** Crystal Bothelio, Deputy City Manager City of Saratoga 408.868.1269 | cbothelio@saratoga.ca.usCITY o f S ARATO G A CALIF O R N IA1956 Preventing Home Burglaries * Lock windows and doors, side gates to the backyard, and doors to the garage * Close curtains when no one is home * Never hide a key outside * Use exterior, motion-activated lights in your front yard, side yard, and backyard * Program interior lights to come on at night, even if you aren’t home * Activate and regularly test home alarm systems * Change your locks immediately if your keys are lost or stolen * Don’t announce when you are out of town in voicemail greetings or on social media * Request a Sheriff’s Office patrol check at www.saratoga.ca.us/patrol and put a hold on mail and newspaper delivery when out of town Preventing Identity Theft & Scams * Drop outgoing mail off at the Post Office * Never leave mail in your mailbox overnight * Install a locking mailbox * Do not carry your Social Security card in your wallet * Do not respond to unsolicited requests for personal information by phone, mail, or online * Check your credit score regularly and carefully review financial statements * Shred receipts, credit card offers, statements, and expired credit cards * Remember scammers often pretend to be a government official, family member, or charity organization * Do not give out personal or financial information if you receive an unexpected request by phone call, text, or email. * Be aware that scammers may use fake caller ID information to pretend to be a trusted organization or person * Never forget that government agencies do not request payment by prepaid debit card, gift card, or wire transfer * Be cautious if a caller pressures you to immediately act through scare tactics Preventing Vehicle Theft & Burglaries * Never leave a car running if unattended * Always lock your vehicle * Do not leave valuables in plain sight * Do not move valuable items to the trunk while in plain view * Keep your car parked in the garage at home * Use an alarm or mechanical locking device * Do not leave windows or sunroofs open SARATOGA NEIGHBORHOOD WATCH See Something Say Something General Guide CALL 911 129 Getting Started * Check the City Neighborhood Watch map to see if you are part of an existing Neighborhood Watch * If your home is not part of a Neighborhood Watch, seek out neighbors interested in forming a group * With your neighbors, decide the boundaries (overlapping boundaries are not allowed), concerns, goals, preferred Neighborhood Watch signage locations, and method for communicating amongst the neighborhood * Go door to door to let neighbors know about Neighborhood Watch, find out who wants to help, and get contact information to invite people to an orientation with the Sheriff’s Office * Get neighbors to fill out a sign in sheet to demonstrate engagement from a majority of households in your Neighborhood Watch area when you go door to door or at your Orientation * Considering splitting the Neighborhood Watch group into zones of 10 to 20 homes each with designated captains for each zone that are responsible for communicating with residents in that area * Hold an Orientation with the Sheriff’s Office for the entire neighborhood, contact the City at 408.868.1269 to request an orientation * Register your group on the City’s website to receive signs and be eligible for the Neighborhood Watch grant Requirements * Hold 1 neighborhood gathering per year to remain an active registered Neighborhood Watch group * Gatherings can include block parties, meetings with the Sheriff’s Office, a class on personal emergency preparedness, or any other activity that your entire Neighborhood Watch group is invited to Communications * Email groups or social media groups, like Benefits from Saratoga Neighborhood Watch Leaders Better neighborhood communication Awareness and a sense of shared security Neighbors talking to one another A safer neighborhood Facebook or Nextdoor groups, are easy to set up and a great way to share information quickly * Not all residents have access to the internet, have a plan for communicating with these neighbors * Protect the privacy of your neighbors, do not share contact information unless authorized to do so * Block captains can be a great resource for getting information out the area or block they are responsible for * Subscribe to the City’s e-newsletters, including the quarterly Neighborhood Watch newsletter, Weekly Sheriff’s Office Activity Summary, and monthly Saratoga Source to receive current information you can share with neighbors Resources * For help, tips, or to invite a member of the Sheriff’s Office to an event, call 408.868.1269 * The City offers a $300 grant to support the efforts of registered, active Neighborhood Watch groups Calling 911 * Call 911 immediately if you see any suspicious activity * Suspicious activity includes anything that feels uncomfortable or looks out of place. You know your neighborhood best, trust your instincts. * Examples: strangers loitering in your neighborhood, a person looking into cars or windows, open or broken doors or windows, people arriving at a neighbor’s home while they are away, individuals that are not wearing an identifiable delivery company uniform removing packages from a front patio, solicitors selling goods or services without a solicitor photo ID card from the City * Provide 911 with an exact location, an overview of the activity you’ve observed, and as detailed a description as possible of people and vehicles More Info * www.saratoga.ca.us/neighborhoodwatch Activity Ideas from Saratoga Neighborhood Watch Leaders Block Party Annual Pot Luck Pool Party Wine Tasting Party Holiday Party Tips from Saratoga Neighborhood Watch Leaders Have fun Don’t be shy about calling the Sheriff Focus on social connections Keep in touch Be friendly to everyone you meet on the street Never give up 130 SARATOGA CITY COUNCIL MEETING DATE:September 19, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, Deputy City Manager SUBJECT:Resolution in Opposition to Proposition 6 RECOMMENDED ACTION: Consider adoption of resolution in opposition to Proposition 6. BACKGROUND: Proposition 6 will be considered by California voters as part of the November 2018 election. If approved, the Proposition will repeal gas and diesel tax increases and vehicle fees adopted by the State in 2017 through Senate Bill 1 and require voter approval for future fuel tax and vehicle fee increases. However, if voters oppose Proposition 6, the 2017 fuel tax and vehicle fees will remain and the State legislature will continue to have the authority to enact, increase, or extend fuel taxes and/or vehicle fees through a two-thirds vote in each chamber. The League of California Cities has advised that member cities take positions in opposition to Proposition 6. The League of California Cities is an association of cities throughout California that share knowledge and work collaboratively on various policies issues that impact cities. Periodically, the League of California Cities will provide the elected officials of member cities with recommended positions on public policy matters. ATTACHMENTS: Attachment A –Resolution in Opposition to Proposition 6 131 RESOLUTION NO. 18-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA EXPRESSING OPPOSITION TO PROPOSITION 6 WHEREAS, cities and counties own and operate more than 81% of streets and roads in California; and WHEREAS, residents of California are dependent upon roadways and expect to have access to a safe, reliable transportation network to drive to work, bike to school, or ride the bus; and WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment, which provides critical analysis and information on the local transportation network’s conditions and funding needs, indicates that the condition of local transportation network is deteriorating at an increasing rate; and WHEREAS, California has more than 1,600 bridges and overpasses that are structurally deficient and unsafe and 89% of counties have roads that are in “poor” or “at-risk” condition; and WHEREAS, according to the National Highway Traffic Association, there were more than 3,600 fatalities on California roads in 2016, with poor road conditions as a major factor in vehicle collisions and accidents; and WHEREAS, Proposition 6 would eliminate more than $52 billion over the next 10 years in existing transportation funding, including the $15 billion in direct apportionments, and $11 billion in available competitive grant funding, to cities and counties statewide; and WHEREAS, Proposition 6 would stop funding for more than 6,500 transportation improvement projects currently underway or planned in communities across California; and WHEREAS, Proposition 6 would jeopardize public safety by eliminating thousands of projects to fix unsafe bridges and overpasses, repair crumbling and hazardous roads, and enhance pedestrian safety; and WHEREAS, Proposition 6 would result in the loss of more than $500,000 to the City of Saratoga each year and severely constrain investments in and long term maintenance of transportation infrastructure. NOW, THEREFORE BE IT RESOLVED,that the City Council of the City of Saratoga hereby opposes Proposition 6 on the November 2018 ballot and may be listed as a member of the No on Prop 6 coalition. 132 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19 th day of September 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary-Lynne Bernald, Mayor ATTEST: DATE: Debbie Bretschneider,Interim City Clerk 133