HomeMy WebLinkAbout03-20-19 City Council Agenda PacketSaratoga City Council Agenda – March 20, 2019 – Page 1 of 6
SARATOGA CITY COUNCIL
REGULAR MEETING
MARCH 20, 2019
5:00 P.M. JOINT MEETING
Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with Saratoga Ministerial Association
6:00 P.M. JOINT MEETING
Linda Callon Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with Saratoga Area Senior Coordinating Council (SASCC)
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 March 15, 2019.
REPORT FROM JOINT MEETINGS
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 Jonathan Wittwer
Recommended Action:
Present the commendation to Jonathan Wittwer.
Saratoga City Council Agenda – March 20, 2019 – Page 2 of 6
Commendation for Outgoing Planning Commissioner Joyce Hlava
Recommended Action:
Present the commendation to Joyce Hlava, recognizing her service on the Planning
Commission.
Appointment of Commissioners & Oath of Office
Recommended Action:
Approve the resolution appointing 2 members to the Planning Commission and direct the
City Clerk to administer the Oath of Office.
Public Safety Task Force Appointments
Recommended Action:
Approve the resolution appointing members to the Public Safety Task Force and direct the
City Clerk to administer the Oath of Office to the Public Safety Task Force Members.
Proclamation Recognizing March 2019 as American Red Cross Month
Recommended Action:
Present a proclamation to a representative of the American Red Cross and receive a
presentation about American Red Cross in Santa Clara County.
SPECIAL PRESENTATIONS
Presentation on Reach Your Destination Easily (RYDE)
Recommended Action:
Receive presentation on RYDE.
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 February 20,
2019 and March 6, 2019.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
03/05/2019 Period 9; and 03/12/2019 Period 9.
1.3. Agreement with the Santa Clara County FireSafe Council
Recommended Action:
Authorize the City Manager to execute an agreement with the Santa Clara County FireSafe
Council in the amount of $25,000 per fiscal year through June 30, 2023 for wildfire
prevention and preparedness services.
Saratoga City Council Agenda – March 20, 2019 – Page 3 of 6
1.4. Extension of Contract with North Bay Building Maintenance for Janitorial Services
Recommended Action:
Authorize the City Manager to execute the contract extension option with North Bay
Building Maintenance for one additional year of janitorial services starting July 1, 2019, for
an amount not to exceed of $70,000.
1.5. Event Insurance for Certain Community Events
Recommended Action:
Include SVDC community events and Saratoga’s Independence Day Celebration under the
City’s insurance program.
1.6. Garden Patio/Bocce Ball Court and Senior Center Entrances Remodel Capital Projects
Budget Adjustment
Recommended Action:
Approve Budget Adjustment to provide funding for the Garden Patio/Bocce Ball Court and
Senior Center Entrances Remodel Capital Projects.
1.7. 2018 General Plan Housing Element Annual Progress Report
Recommended Action:
Adopt the attached Resolution accepting the 2018 General Plan Housing Element Annual
Progress Report and direct staff to file the report with the Governor’s Office of Planning and
Research and the Department of Housing and Community Development.
1.8. Funding Agreement with Santa Clara Valley Transportation Authority for 2016
Measure B Local Streets and Roads Program
Recommended Action:
Authorize the City Manager to execute the Funding Agreement with the Santa Clara Valley
Transportation Authority.
1.9. Orchard Maintenance Service Contract – Matthew Novakovich
Recommended Action:
Approve a 12-month Maintenance Service Contract for maintenance of the Heritage
Orchard in the amount of $84,420 and authorize the City Manager to execute the same.
2. PUBLIC HEARING
None
3. GENERAL BUSINESS
3.1. Allocation of Community Event Grant Program Funds
Recommended Action:
Review Community Event Grant Program applications and additional secured funding
requests for Fiscal Year 2019/20 and determine allocations.
3.2. Update to Agreements with SASCC
Recommended Action:
Authorize the City Manager to execute an Amended and Restated Lease Agreement and a
new Support Agreement with the Saratoga Area Senior Coordinating Council.
Saratoga City Council Agenda – March 20, 2019 – Page 4 of 6
3.3. Report on Annexation Process - Mountain Winery
Recommended Action:
Staff recommends that the City Council receive the report and provide direction to staff.
COUNCIL ASSIGNMENTS
Mayor Manny Cappello
Cities Association of Santa Clara County Board of Directors
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Council Finance Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Mayors and Managers
West Valley Sanitation District
Vice Mayor Howard Miller
Council Finance Committee
KSAR Community Access TV Board
Saratoga Ministerial Association
Saratoga Sister City Organization
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
Council Member Rishi Kumar
Santa Clara County Library Joint Powers Authority
Santa Clara Valley Water District Commission
West Valley Clean Water Program Authority
West Valley Solid Waste Management Joint Powers Authority
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee
Public Art Committee
Santa Clara County Housing and Community Development (HCD) Council Committee
Santa Clara/Santa Cruz Airport/Community Roundtable
Saratoga Historical Foundation
Council Member Yan Zhao
Association of Bay Area Governments
Hakone Foundation Board
Public Art Committee
Saratoga Chamber of Commerce & Destination Saratoga
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
Saratoga City Council Agenda – March 20, 2019 – Page 5 of 6
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Crystal Bothelio, Deputy City Manager for the City of Saratoga, declare that the foregoing
agenda for the meeting of the City Council was posted and available for review on March 15, 2019
at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at
www.saratoga.ca.us.
Signed this 15th day of March 2019 at Saratoga, California.
Crystal Bothelio, Deputy City Manager
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]
03/20
5:00 p.m. Joint Meeting with Saratoga Ministerial Association | 6:00 p.m. Joint Meeting
with SASCC | 7:00 p.m. Regular Session
04/03 Meeting Cancelled
04/15 6:00 p.m. Budget Study Session
04/17 6:00 p.m. Joint Meeting with Mountain Winery | 7:00 p.m. Regular Session
04/30 5:00 p.m. Youth Commission Interviews (time tentative)
05/01 5:00 p.m. Joint Meeting with Chamber of Commerce | 6:00 p.m. Joint Meeting with
Planning Commission | 7:00 p.m. Regular Session
05/15 6:00 p.m. Joint Meeting with Board of Supervisor President Joe Simitian
06/05 5:30 p.m. Joint Meeting with Saratoga Neighborhood & Neighborhood Watch in Senior
Center
06/19 6:00 p.m. Joint Meeting with Hakone Board | 7:00 p.m. Regular Session
07/03 5:00 p.m. Closed Session | 7:00 p.m. Regular Session
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2019
Saratoga City Council Agenda – March 20, 2019 – Page 6 of 6
07/17
Recess
08/07 Recess
08/21 5:00 p.m. Closed Session | 6:00 p.m. Joint Meeting with Youth in Government | 7:00 p.m.
Regular Session
09/04 6:00 p.m. Joint Meeting with Montalvo Arts | 7:00 p.m. Regular Session
09/18 6:00 p.m. Joint Meeting with Youth Commission | 7:00 p.m. Regular Session
10/03
5:30 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees
and Saratoga Schools and Boards at West Valley College | 7:00 p.m. Regular Session
10/05 1:00 p.m. State of the City in Joan Pisani Community Center
10/16 6:00 p.m. Joint Meeting with Historical Foundation | 7:00 p.m. Regular Session
11/06 6:00 p.m. Joint Meeting with State Senator Jim Beall Jr. | 7:00 p.m. Regular Session
11/20 6:00 p.m. Joint Meeting with Assembly Member Evan Low | 7:00 p.m. Regular Session
12/04 6:00 p.m. Joint Meeting with Sheriff’s Office | 7:00 p.m. Council Reorganization and
Regular Session
12/18 6:00 p.m. Study Session – Council Norms | 7:00 p.m. Regular Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Linda Callon
Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue and Regular Session begins at 7:00
p.m. in the Civic Theater at 13777 Fruitvale Avenue.
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Ministerial Association
March 20, 2019 | 5:00 p.m.
Saratoga City Hall | Linda Callon Conference Room
5:00 p.m. Welcome & Introductions
5:15 p.m.Update on Community Programs and Activities
5:45 p.m.Other Remarks & Wrap Up
Please join the City Council and members of the Saratoga Area Senior
Coordinating Council (SASCC). for dinner at 5:50 p.m. The City Council’s Joint
Meeting with SASCC will begin at 6:00 p.m.
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
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with Saratoga Area Senior Coordinating Council (SASCC)
March 20, 2019 | 6:00 p.m.
Saratoga City Hall | Linda Callon Conference Room
6:00 p.m. Welcome & Introductions
6:15 p.m.
6:25 p.m.
6:35 p.m.
Renovation Project
Fundraising Efforts
Courtyard Project
6:45 p.m.Other Remarks & Wrap Up
Dinner will be provided at ay 5:50 p.m.
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.
7
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Commendation for Jonathan Wittwer
RECOMMENDED ACTION:
Present the commendation to Jonathan Wittwer.
BACKGROUND:
Jonathan Wittwer has been the City of Saratoga Assistant City Attorney since 1999. This month,
Jonathan is retiring from Wittwer Parkin LLP and his position as Assistant City Attorney.
Jonathan specialized in advising the City on matters related to the Planning Commission,
Community Development, and Code Compliance.
ATTACHMENTS:
Attachment A –Commendation for Jonathan Wittwer
8
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
JONATHAN WITTWER
WHEREAS, Jonathan Wittwer is a partner at Wittwer Parkin LLP and has been the City of
Saratoga Assistant City Attorney since 1999; and
WHEREAS,as the Assistant City Attorney, Jonathan specialized in advising the City on matters
related to the Planning Commission, Community Development, and Code Compliance; and
WHEREAS,Jonathan developed model resolutions that are used for all manner of Planning
Commission and Community Development approvals; and
WHEREAS, as the Assistant City Attorney, Jonathan helped build the Code Compliance program
by creating the City’s enforcement forms and developing strategies that have promoted compliance
without court action; and
WHEREAS,Jonathan played a key role in the annexation of the Cooper-Garrod property from
2010 to 2012, helping to bring a key community partner officially into the City of Saratoga; and
WHEREAS, as part of Jonathan’s work with the Community Development Department, he
drafted the new CEQA Guidelines for Saratoga, developed effective legal strategies for regulating door-
to-door solicitors, and worked to align the Zoning Code with the General Plan; and
WHEREAS, Jonathan also worked with the Saratoga Public Works Department to expand the
City’s trail network and open spaces by supporting trail and open space dedications; and
WHEREAS, Jonathan Wittwer will be remembered for successfully defending the City of
Saratoga in every court case he has taken on; and
WHEREAS,Assistant City Attorney Jonathan Wittwer is retiring from Wittwer Parkin LLD and
the Saratoga community will greatly miss his collaborative, thoughtful, and thorough approach to the
Assistant City Attorney role.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby
recognize Assistant City Attorney Jonathan Wittwer for his many years of service and dedication to the
City of Saratoga and wishes Jonathan the very best in his retirement.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 20th day of March
2019.
E. Manny Cappello, Mayor
City of Saratoga 9
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Commendation for Outgoing Planning Commissioner Joyce Hlava
RECOMMENDED ACTION:
Present the commendation to Joyce Hlava, recognizing her service on the Planning Commission.
BACKGROUND:
Joyce Hlava is a three-time Planning Commissioner and her most recent term of the Planning
Commission ends March 31, 2019. Joyce was the Chair of the Planning Commission from April
2018 to March 2019. In addition to her experience on the Planning Commission, Joyce is also a
former Mayor and City Council Member.
ATTACHMENTS:
Attachment A –Commendation for Joyce Hlava
10
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
JOYCE HLAVA
WHEREAS, Joyce Hlava was appointed to the City of Saratoga Planning Commission on
September 1, 1982, then on April 1, 2006, and again on April 1, 2015; and
WHEREAS,Joyce is well respected for her experience as a former Mayor, City Council
Member, for her three terms as a Planning Commissioner, and her extensive service in the local
schools; and
WHEREAS,during Joyce’s most recent term as a Planning Commissioner, she and the other
Planning Commissioners reviewed over 100 development applications, including design review,
variances, and use permits, including development projects that preserved and repurposed the City’s
historic resources, like the Grover House; and
WHEREAS, Joyce contributed significantly to the development of the City’s General Plan, by
holding meetings for the community, studying the issues in Study Sessions, and making recommendations
to the City Council on the Land Use, Circulation, Open Space, and Conservation Elements; and
WHEREAS,Joyce and the other Planning Commissioners worked with City staff and Godbe
Research on updating the Village Visioning Policy, which establishes land use policy and development
standards for the Village; and
WHEREAS, Joyce and the Planning Commission also worked on many ordinances to bring to the
City Council, including Water Efficient Landscape Ordinance (WELO), Accessory Dwelling Unit (ADU),
and the Village Parking Ordinance; and
WHEREAS, Joyce was Chair of the Planning Commission from April 2018 to March 2019; and
WHEREAS,it is apparent to all who have worked with Joyce that she is a dedicated and
hardworking member of the community and her service and contributions are greatly appreciated
by the City Council, Planning Commission, and City staff.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby
recognize Joyce Hlava for her many years of service and dedication to the City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 20th day of March
2019.
E. Manny Cappello, Mayor
City of Saratoga 11
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Appointment of Commissioners & Oath of Office
RECOMMENDED ACTION:
Approve the resolution appointing 2 members to the Planning Commission and direct the City
Clerk to administer the Oath of Office.
BACKGROUND:
In January 2019, the City opened a recruitment for two full terms on the Planning Commission
for terms beginning on April 1, 2019 ending on March 31, 2023.Applications were accepted
until February 21, 2019. A total of 8 applications were received. Interviews were conducted on
March 6, 2019.
The City Council selected the following applicants to serve on the Commission:
Name Commission Term
Sunil Ahuja Planning Commission April 1, 2019 –March 31, 2023
Anjali Kausar Planning Commission April 1, 2019 –March 31, 2023
ATTACHMENTS:
Attachment A –Resolution of Appointment
Attachment B –Oaths of Office
12
RESOLUTION NO. 19-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBERS TO THE SARATOGA PLANNING COMMISSION
WHEREAS, 2 vacancies were created on the Planning Commission from the expired terms of
Sunil Ahuja and Joyce Hlava who were both eligible for reappointment;
WHEREAS, the City announced the vacancies in January 2019, accepted applications until
February 21, 2019 and the City Council conducted interviews on March 6, 2019.
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
Sunil Ahuja Planning Commission April 1, 2019 – March 31, 2023
Anjali Kausar Planning Commission April 1, 2019 – March 31, 2023
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 20
th day of March 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Debbie Bretschneider, City Clerk
13
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Sunil Ahuja, 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.
Sunil Ahuja, Member
Planning Commission
Subscribed and sworn to before me on
this 20th day of March 2019.
Debbie Bretschneider
City Clerk of Saratoga
14
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Anjali Kausar, 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.
Anjali Kausar, Member
Planning Commission
Subscribed and sworn to before me on
this 20th day of March 2019.
Debbie Bretschneider
City Clerk of Saratoga
15
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Public Safety Task Force Appointments
RECOMMENDED ACTION:
Approve the resolution appointing members to the Public Safety Task Force and direct the City
Clerk to administer the Oath of Office to the Public Safety Task Force Members.
BACKGROUND:
At the February 20, 2019 City Council Meeting, the City Council adopted a resolution establishing
the Public Safety Task Force for a limited term ending November 30, 2020. Per Resolution 19-
007, the Task Force is comprised of five members, each nominated by a member of the City
Council. Nominations were due by March 6, 2019.
The nominated members are noted below.
First Name Last Name Nominating Council Member Term
Bill Cooper Mayor Cappello March 20, 2019 –Nov. 30, 2020
Chuck Page Vice Mayor Miller March 20, 2019 –Nov. 30, 2020
Arun Venkatachar Council Member Kumar March 20, 2019 –Nov.30, 2020
Paul Hansen Council Member Bernald March 20, 2019 –Nov. 30, 2020
Michael Zhang Council Member Zhao March 20, 2019 –Nov. 30, 2020
ATTACHMENTS:
Attachment A –Resolution of Appointment
Attachment B –Oaths of Office
Attachment C –Resolution No. 19-007
16
RESOLUTION NO. 19-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING MEMBERS TO THE PUBLIC SAFETY TASK FORCE
WHEREAS, the Wildfire Public Safety Task Force was formed by the City Council via resolution
19-007 to serve in an advisory capacity to the City Council on matters related to public safety and to
provide recommendations to be considered by the City Council to enhance public safety in the City of
Saratoga;
WHEREAS, the Public Safety Task Force is comprised of five members, each nominated by a
member of the City Council and appointed by the City Council;
WHEREAS, the Public Safety Task Force Members shall serve for a limited term ending
November 30, 2020, at which point the Task Force itself shall be terminated.
NOW, THEREFORE,the City Council of the City of Saratoga hereby resolves that the following
individuals are appointed to the following terms:
First Name Last Name Nominating Council Member Term
Bill Cooper Mayor Cappello March 20, 2019 – Nov. 30, 2020
Chuck Page Vice Mayor Miller March 20, 2019 – Nov. 30, 2020
Arun Venkatachar Council Member Kumar March 20, 2019 – Nov. 30, 2020
Paul Hansen Council Member Bernald March 20, 2019 – Nov. 30, 2020
Michael Zhang Council Member Zhao March 20, 2019 – Nov. 30, 2020
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 20
th day of March 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Debbie Bretschneider, City Clerk
17
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Bill Cooper, 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.
Bill Cooper, Member
Public Safety Task Force
Subscribed and sworn to before me on
this 20th day of March 2019.
Debbie Bretschneider
City Clerk of Saratoga
18
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Chuck Page, 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.
Chuck Page, Member
Public Safety Task Force
Subscribed and sworn to before me on
this 20th day of March 2019.
Debbie Bretschneider
City Clerk of Saratoga
19
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Aurn Venkatachar, 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.
Arun Venkatachar, Member
Public Safety Task Force
Subscribed and sworn to before me on
this 20th day of March 2019.
Debbie Bretschneider
City Clerk of Saratoga
20
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Paul Hansen, 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.
Paul Hansen, Member
Public Safety Task Force
Subscribed and sworn to before me on
this 20th day of March 2019.
Debbie Bretschneider
City Clerk of Saratoga
21
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Michael Zhang, 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.
Michael Zhang, Member
Public Safety Task Force
Subscribed and sworn to before me on
this 20th day of March 2019.
Debbie Bretschneider
City Clerk of Saratoga
22
23
24
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:Proclamation Recognizing March 2019 as American Red Cross Month
RECOMMENDED ACTION:
Present a proclamation to a representative of the American Red Cross and receive a presentation
about American Red Cross in Santa Clara County.
BACKGROUND:
The American Red Cross was established in Washington D.C. in 1881. The American Red Cross
has a strong presence in Santa Clara County and Saratoga in responding to disasters.
ATTACHMENTS:
Attachment A:Proclamation for March 2019 as American Red Cross Month
25
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
DECLARING MARCH AS
AMERICAN RED CROSS MONTH 2019
WHEREAS, the American Red Cross was established in 1881 in Washington D.C by Clara
Barton and is now one of the largest humanitarian organizations in the world; and
WHEREAS, the American Red Cross, through its strong network of volunteers, donors, and
partners is always there in times of need by alleviating human suffering; and
WHEREAS, every year the American Red Cross responds to an average of more than
62,000 disasters across the country, including mudslides in California, a volcano in Hawaii,
destructive hurricanes in Florida and the Carolinas, and wildfires in Colorado and California;
WHEREAS, the American Red Cross collects nearly 40 percent of the nation’s blood
supply; provides 24-hour support to military members, veterans and their families; teaches millions
lifesaving skills, such as lifeguarding and CPR; provides international humanitarian aid; and
shelters, feeds, and provides emotional support to victims of disasters; and
WHEREAS, the American Red Cross would like to remember the volunteers, donors, and
heroes in the City of Saratoga who work tirelessly to assist their neighbors in times of need; and
WHEREAS, March 2019 is American Red Cross Month and is dedicated to all of those who
support the American Red Cross and its mission to prevent and alleviate human suffering in the face
of emergencies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby recognize March 2019 as America Red Cross Month and encourage all Saratoga residents to
support this organization and its noble humanitarian mission.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 20th day of
March 2019.
___________________________
E. Manny Cappello, Mayor
City of Saratoga 26
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Deputy City Manager
SUBJECT:Presentation on Reach Your Destination Easily (RYDE)
RECOMMENDED ACTION:
Receive presentation on RYDE.
BACKGROUND:
RYDE is a curb-to-curb transportation program that serves adults 55 and older in the West
Valley communities of Saratoga, Campbell, Cupertino, Los Gatos, and Monte Sereno. The
program is a collaboration between the Saratoga Area Senior Coordinating Council (SASCC)
and West Valley Community Services and receives funding through the West Valley cities, the
County of Santa Clara, and the Valley Transportation Authority.
27
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on February 20, 2019
and March 6, 2019.
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 February 20, 2019
Attachment B –Minutes for the Regular City Council Meeting on March 6, 2019
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 1 of 9
MINUTES
WEDNESDAY, FEBRUARY 20, 2019
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Cappello called the FY 2019/20 Capital Improvement Plan (CIP) Budget Study Session
to order at 5:00 p.m. in the Linda Callon Conference Conference Room at 13777 Fruitvale
Avenue in Saratoga. The City Council took a recess from the Study Session at 6:55 p.m. to start
the City Council Regular Session and the Study Session was reconvened at 9:40 p.m.
Finance Manager Dennis Jaw presented the Fiscal Year (FY) 2019/20 CIP and asked the
Council to complete the prioritization process.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/BERNALD MOVED TO APPROVE THE CHANGES LISTED BELOW FOR
THE FISCAL YEAR 2019/20 CAPITOL IMPROVEMENT PLAN BUDGET:
1. Projects to be Closed FY 19/20
The City Council directed staff to close the following projects in FY 19/20:
Big Basin Way Turnaround
Long-Term Trash Plan Capture Devices
Hakone Gardens Koi Pond Improvements
Joe’s Trail at Saratoga/De Anza
Quarry Park Walkway Clearing
Electrical Panel Upgrade
Community Center Stage Renovation
Trak-it Software System Upgrade
Village Visioning
2. Unfunded Projects FY 19/20
The City Council directed staff to remove the following projects from the Unfunded List
in FY 19/20:
Beaumont Avenue Traffic Circle
Congress Springs Park-Northside Entrance
Quarry Park Pond Improvements
Village Clock
3. Projects with no Recommended Changes
The City Council requested no change to the projects listed in Attachment H: Current
Projects with No Recommended Changes in the staff report.
4. Current Projects with Additional Funding Requests
The City Council denied the additional funding request for the following project:
Quito Road Sidewalk Improvements
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 2 of 9
The City Council directed staff to include the following additional funding request in the
FY 19/20 budget:
Roadway Safety & Traffic Calming $25,000
Citywide Signal Upgrade Project -Phase II $100,000
Infrastructure Maintenance & Repairs $50,000
Village Sidewalk & Pedestrian Enhancement -P2 $50,000
Park & Trail Safety Improvements $40,000
Guava Ct/Fredericksburg Entrance $50,000
Saratoga Village to Quarry Park Walkway $175,000
Saratoga-to-the-Sea Trail $1,130,000
CDD Lobby Remodel $165,000
Senior Center Entrance Remodel $150,000
Staff was directed to prepare a midyear budget adjustment to fund the additional funding
request of $215,000 for the Garden Patio/Bocce Ball Court and the additional funding
request of $150,000 for the Senior Center Entrance Remodel at $150,000 in FY 18/19.
The City Council directed staff to seek out grant opportunities for the Guava
Court/Fredericksburg Entrance and Saratoga Village to Quarry Park Walkway projects,
including grant opportunities available through VTA.
5. Nominated Projects
The City Council provided the following direction on the nominated capital projects:
Automatic License Plate Reader: No funding was allocated at this time, but the
City Council directed staff to do a study of automated license plate readers,
including a future City Council Agenda item outlining the scope of work for the
study.
Parks & Trail Master Plan: No funding was allocated at this time.
Preschool Turf Conversion: The City Council directed staff to allocate $25,000
to the project in the FY 19/20 budget.
Restroom & Shower Trailer: No funding was allocated at this time and staff was
directed to apply seek grant opportunities for the project.
Fire Protection Systems Update: No funding was allocated at this time. The
Finance Committee was asked to consider options for phasing implementation of
fire protection system updates.
Community Center Improvement Program: The City Council directed staff to
allocate $185,000 to the project for the FY19/20 budget.
The City Council requested that the Finance Committee review the Risk Management
Mitigation Project and Fire Protection Systems Update.
MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 3 of 9
Mayor Cappello called the Regular Session to order in the Civic Theater, Council Chambers at
13777 Fruitvale Avenue in Saratoga at 7:01 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT:Mayor Manny Cappello, Vice Mayor Howard A. Miller, Council
Members Rishi Kumar, Mary-Lynne Bernald, Yan Zhao
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Deputy City Manager
Debbie Bretschneider, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Debbie Pedro, Community Development Director
Michael Taylor, Recreation & Facilities Director
Dennis Jaw, Finance Manager
Lauren Pettipiece, Public Information Officer
Victoria Hernandez, Planner I
Mainini Cabute, Administrative Analyst II
Gina Scott, Accounting Tech
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on February 14, 2019.
REPORT FROM STUDY SESSION
Mayor Cappello reported that the Council had been holding the FY 2019/20 CIP Budget Study
Session prior to the Regular Session and would return to the Study Session after the Regular
Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Antoinette Romeo spoke about term limits for City Commissioners.
ANNOUNCEMENTS
Mayor Cappello announced the Summer 2019 Recreation Guide, the new leaf blower
requirements, and recent telephone scams.
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 4 of 9
CEREMONIAL ITEMS
Commendations for Science Fair Winners
Recommended Action:
Present commendations to the 2018 Synopsys Silicon Valley Science and Technology
Championship Science Fair participants who live in Saratoga.
Mayor Cappello and the City Council presented commendations to the 2018 Synopsys
Silicon Valley Science and Technology Championship Science Fair participants.
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Special City Council Meeting on February 1,
2019 and the Regular City Council Meeting on February 6, 2019.
MILLER/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
SPECIAL CITY COUNCIL MEETING ON FEBRUARY 1, 2019 AND THE
REGULAR CITY COUNCIL MEETING ON FEBRUARY 6, 2019. MOTION
PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
02/05/2019 Period 8; and 02/12/2019 Period 8.
MILLER/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 02/05/2019 PERIOD
8; AND 02/12/2019 PERIOD 8. MOTION PASSED. AYES: CAPPELLO, MILLER,
KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. City Council Meeting Cancellation
Recommended Action:
Move to cancel the regular City Council meeting scheduled for April 3, 2019 and authorize
the City Manager to reinstate the meeting with at least 72 hours’ notice if there is a matter
that requires City Council action prior to the next regularly scheduled meeting.
MILLER/KUMAR MOVED TO CANCEL THE REGULAR CITY COUNCIL
MEETING SCHEDULED FOR APRIL 3, 2019 AND AUTHORIZE THE CITY
MANAGER TO REINSTATE THE MEETING WITH AT LEAST 72 HOURS’
NOTICE IF THERE IS A MATTER THAT REQUIRES CITY COUNCIL ACTION
PRIOR TO THE NEXT REGULARLY SCHEDULED MEETING. MOTION
PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 5 of 9
1.4. Tree Maintenance Service Contracts – Amendment to Contracts
Recommended Action:
Approve amendments to Tree Maintenance Service Contracts with Oscars Expert Tree
Service, Trees 360 Degrees, and Ian Geddes Tree Care for tree maintenance services.
RESOLUTION 19-004
MILLER/KUMAR MOVED TO APPROVE AMENDMENTS TO TREE
MAINTENANCE SERVICE CONTRACTS WITH OSCARS EXPERT TREE
SERVICE, TREES 360 DEGREES, AND IAN GEDDES TREE CARE FOR TREE
MAINTENANCE SERVICES AND TO APPROVE THE BUDGET ADJUSTMENT
RESOLUTION. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR,
BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.5. Budget Adjustment for the Arrowhead Community Facility District 2016 Bond Fund
Recommended Action:
Approve budget adjustment to appropriate Arrowhead Community Facility District 2016
Debt Service Fund’s bond issuance, debt service, and related revenue and expenditure
activity.
RESOLUTION 19-005
MILLER/KUMAR MOVED TO APPROVE BUDGET ADJUSTMENT TO
APPROPRIATE ARROWHEAD COMMUNITY FACILITY DISTRICT 2016 DEBT
SERVICE FUND’S BOND ISSUANCE, DEBT SERVICE, AND RELATED
REVENUE AND EXPENDITURE ACTIVITY. MOTION PASSED. AYES:
CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.6. Financial Services Agreement with West Valley Clean Water Program Authority
Recommended Action:
Approve the financial services agreement between West Valley Clean Water Program
Authority and the City of Saratoga and authorize the City Manager to execute the document.
MILLER/KUMAR MOVED TO APPROVE THE FINANCIAL SERVICES
AGREEMENT BETWEEN WEST VALLEY CLEAN WATER PROGRAM
AUTHORITY AND THE CITY OF SARATOGA AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE DOCUMENT. MOTION PASSED. AYES:
CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
1.7. Amendment to Services Agreement with Los Gatos-Saratoga Recreation
Recommended Action:
Authorize the City Manager to execute an amendment to the agreement with LGS
Recreation increasing the amount not to exceed from $126,000 to $224,000.
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 6 of 9
MILLER/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE AGREEMENT WITH LGS RECREATION
INCREASING THE AMOUNT NOT TO EXCEED FROM $126,000 TO $224,000.
MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. Award of Contract to Cotton, Shires and Associates, Inc. for Geotechnical Services at
3 Distressed City Locations
Recommended Action:
1. Move to award a contract to Cotton, Shires and Associates, Inc. in the amount of
$75,800.00, and authorize the City Manager to execute the same.
2. Move to authorize staff to execute change orders to the contract up to $7,500.
MILLER/KUMAR MOVED TO AWARD A CONTRACT TO COTTON, SHIRES
AND ASSOCIATES, INC. IN THE AMOUNT OF $75,800.00, AUTHORIZE THE
CITY MANAGER TO EXECUTE THE SAME, AND MOVE TO AUTHORIZE
STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $7,500.
MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
2.1. APCC19-0001 - Appeal of a Design Review Application at 12901 Pierce Road.
Recommended Action:
Conduct a public hearing and de novo review of the appeal, and adopt the attached
resolution denying appeal APCC19-0001 and approving the Design Review and Arborist
Review approvals (PDR18-0029/ARB18-0048) for the construction of a new one-story
residence with a basement, detached garage and detached accessory dwelling unit, and the
removal of eight (8) protected trees at 12901 Pierce Road.
Victoria Hernandez, Planner I, presented the staff report.
Mayor Cappello opened the public hearing.
The appellant, Donald Ichikawa, provided opening remarks.
The applicants, Ana Mendez and Gregory J. Rubens, provided opening remarks.
Mayor Cappello invited public comment on the item.
The following people requested to speak:
Lynn Weber spoke in support of the appeal
Tina Walia
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 7 of 9
No one else requested to speak.
The applicant, Ana Mendez, provided closing remarks.
The appellant, Donald Ichikawa, provided closing remarks.
Mayor Cappello closed the public hearing for this item and asked for Council discussion.
ZHAO MOVED TO UPHOLD THE APPEAL ON 12901 PIERCE ROAD.
Due to lack of a second, the motion failed.
RESOLUTION 19-006
MILLER/KUMAR MOVED TO ADOPT THE RESOLUTION DENYING APPEAL
APCC19-0001 AND APPROVING THE DESIGN REVIEW AND ARBORIST
REVIEW APPROVALS (PDR18-0029/ARB18-0048) FOR THE CONSTRUCTION
OF A NEW ONE-STORY RESIDENCE WITH A BASEMENT, DETACHED
GARAGE AND DETACHED ACCESSORY DWELLING UNIT, AND THE
REMOVAL OF EIGHT (8) PROTECTED TREES AT 12901 PIERCE ROAD, WITH
THE CONDITION OF A PERMANENT CONDITION OF A SCREEN SOLUTION
FOR THE CABANA SPACE FACING THE NEIGHBOR’S PROPERTY, WITH
THE SCREEN HAVING A MINIMUM OF 80% OPACITY FOR THE FIRST 6
FEET AND THEN A MINIMUM OF 50% OPACITY FOR THE REMAINING AND
THE DESIGN FOR THE SCREEN NEEDS TO BE APPROVED BY THE
PLANNING DEPARTMENT PRIOR TO SUBMITTAL OF PLANS FOR THE
BUILDING PERMIT.MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR,
BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.GENERAL BUSINESS
3.1. Resolution Establishing a New Public Safety Task Force
Recommended Action:
Approve the resolution establishing a new Public Safety Task Force.
Crystal Bothelio, Deputy City Manager, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 8 of 9
RESOLUTION 19-007
MILLER/BERNALD MOVED TO APPROVE THE RESOLUTION ESTABLISHING
A NEW PUBLIC SAFETY TASK FORCE.MOTION PASSED. AYES: CAPPELLO,
MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
COUNCIL ASSIGNMENTS
Mayor Manny Cappello
Cities Association of Santa Clara County Board of Directors – the Executive Director of Silicon
Valley Clean Energy provided a report and the Legislative Action Chair led a discussion on
CASA, including a list from each City on their housing issues. The Association will be sending
out a statement about the CASA proposal.
West Valley Mayors and Managers – we held the first meeting of the year with a brief discussion
on the CASA impact. Also had a request from the Los Gatos Mayor for a discussion about
widening Highway 17 and then conversed about discussion topics for the rest of year.
West Valley Sanitation District – at the meeting standard routine items were discussed.
Vice Mayor Howard Miller
Silicon Valley Clean Energy Authority Board of Directors – the CPUC has decided to move
residents to rate schedules is based on power use during different times of the to roll out in 2020
and they have asked PG&E to take lead on letting the residents know about these changes.
Valley Transportation Authority (VTA) Policy Advisory Committee – a new chair was selected
for this Committee. The Committee discussed Measure B and funding for noise mitigation
testing on Route 85.
VTA State Route 85 Corridor Policy Advisory Board – this Board has not met in a long time, but
there is a meeting next Monday. The Board will be making a recommendation to VTA Board
about Route 85.
Council Member Rishi Kumar
West Valley Clean Water Program Authority – attended meeting and will provide report at next
Council meeting.
West Valley Solid Waste Management Joint Powers Authority – attended meeting and will
provide report at next Council meeting.
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee – there is a meeting tomorrow.
Santa Clara/Santa Cruz Airport/Community Roundtable – the first meeting is on February 27.
Council Member Yan Zhao
Hakone Foundation Board – there is a meeting tomorrow.
Saratoga Chamber of Commerce & Destination Saratoga – there is a meeting tomorrow.
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Saratoga City Council Minutes ~ February 20, 2019 ~ Page 9 of 9
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
Councilmember Kumar announced that San Jose Water Co. released financial results for 2018
which are lower than 2017.
CITY MANAGER'S REPORT
None
ADJOURNMENT
At 9:30 p.m., Mayor Cappello closed the Regular Session and announced that the City Council
would reconvene the FY 2019/20 CIP Budget Study Session in the Linda Callon Conference
Room at 9:40 p.m.
BERNALD/MILLER MOVED TO ADJOURN THE MEETING AT 10:19 P.M. MOTION
PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, City Clerk
City of Saratoga
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Saratoga City Council Minutes ~ March 6, 2019 ~ Page 1 of 7
MINUTES
WEDNESDAY, MARCH 6, 2019
SARATOGA CITY COUNCIL REGULAR MEETING
At 4:30 p.m., the City Council held interviews at 13777 Fruitvale Avenue in the Administrative
Conference Room to fill 2 terms on the Planning Commission. The Council selected incumbent
Sunil Ahuja and Anjali Kausar to fill terms each beginning on April 1, 2019 and ending March
31, 2023. The City Council took a recess from the interviews at 5:58 p.m. to start the Joint
Meeting at 6 p.m. and reconvened the deliberations at 10:20 p.m.
At 6:00 p.m., the City Council held a Joint Meeting with the Silicon Valley Leadership Group in
the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga.
Mayor Cappello called the Regular Session to order in the Civic Theater, Council Chambers at
13777 Fruitvale Avenue in Saratoga at 7:06 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT:Mayor Manny Cappello, Vice Mayor Howard A. Miller, Council
Members Rishi Kumar, Mary-Lynne Bernald, Yan Zhao
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
Crystal Bothelio, Deputy City Manager
Debbie Bretschneider, City Clerk
John Cherbone, Public Works Director
Debbie Pedro, Community Development Director
Mary Furey, Finance & Administrative Services Director
Lauren Pettipiece, Public Information Officer
REPORT ON POSTING OF THE AGENDA
City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted
on March 1, 2019.
REPORT FROM JOINT MEETING
Carl Guardino, CEO of Silicon Valley Leadership Group, reported on the Joint Meeting with the
City Council.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
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Saratoga City Council Minutes ~ March 6, 2019 ~ Page 2 of 7
ANNOUNCEMENTS
Mayor Cappello announced the Summer 2019 Recreation Activity Guide, Let’s Work Saratoga
volunteer event, and the Paint the City Kickoff event.
CEREMONIAL ITEMS
Proclamation Declaring March as Youth Arts Month
Recommended Action:
Present the proclamation to representatives of the Santa Clara County Board of Education.
Mayor Cappello announced a proclamation will be presented to the Santa Clara County
Board of Education.
SPECIAL PRESENTATIONS
Presentation on West Valley Community Services
Recommended Action:
Receive presentation from West Valley Community Services.
Mayor Cappello and the City Council received the presentation from West Valley
Community Services.
1.CONSENT CALENDAR
1.1. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
02/19/2019 Period 8; and 02/26/2019 Period 8.
MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 02/19/2019 PERIOD
8; AND 02/26/2019 PERIOD 8. MOTION PASSED. AYES: CAPPELLO, MILLER,
KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
1.2. Treasurer’s Report for the Month January 31, 2019
Recommended Action:
Review and accept the Treasurer’s Report for the month ended January 31, 2019.
MILLER/BERNALD MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED JANUARY 31, 2019. MOTION PASSED. AYES: CAPPELLO,
MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE.
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Saratoga City Council Minutes ~ March 6, 2019 ~ Page 3 of 7
2.PUBLIC HEARING
None
3.GENERAL BUSINESS
3.1. Emergency Storm Damage Repair on Via Regina
Recommended Action:
Consider options to support emergency repairs on Via Regina including possible allocation
of up to $285,000 for that purpose.
John Cherbone, Public Works Director, presented the staff report.
Richard Taylor, City Attorney, gave his recommendations on the legal requirements for the
repairs as this is a privately-owned road, including that the money would need to a be loan
to the property owners.
Mayor Cappello invited public comment on the item.
The following people requested to speak:
Tom Laurence
Mike Yelavich
Mrs. Yelavich
Connie Reeyards
No one else requested to speak.
MILLER/KUMAR MOVED TO:1) DIRECT STAFF TO CONTINUE PROVIDING
VIA REGINA NEIGHBORS WITH TECHNICAL ADVICE; 2) DIRECT THE CITY
ATTORNEY TO BRING BACK A STAFF REPORT AT THE NEXT REGULAR
COUNCIL MEETING WITH A LEGAL FRAMEWORK TO PROVIDE A LOAN
TO THE VIA REGINA NEIGHBORHOOD IN AN AMOUNT OF UP TO $285,000
TO MAKE INITIAL EMERGENCY STORM DAMAGE REPAIRS IF AT LEAST 50
% OF RESIDENTS AGREE TO PAY BACK THE LOAN AND TO INCLUDE A
DEADLINE TO PAY BACK THE LOAN IN A DEFINED TIME PERIOD; AND, 3)
DIRECT STAFF TO HELP NEIGHBORS CREATE AN ASSESSMENT DISTRICT
FOR LONG-TERM REPAIRS. MOTION PASSED. AYES: CAPPELLO, MILLER,
KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ March 6, 2019 ~ Page 4 of 7
3.2. Discussion of Residential Signs Regulations and Enforcement
Recommended Action:
Staff recommends that the City Council review the information in this report and provide
staff direction as needed.
Debbie Pedro, Community Development Director, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/KUMAR MOVE TO DIRECT STAFF TO BRING BACK AN ORDINANCE
BANNING ALL TEMPORARY OFF-SITE COMMERCIAL SIGNS IN
RESIDENTIAL DISTRICTS IN SARATOGA AND REVISIT THIS REGULATION
12 MONTHS AFTER IT BECOMES EFFECTIVE. MOTION PASSED. AYES:
CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
3.3. Paint the City: Saratoga Utility Box Art Project
Recommended Action:
Accept artwork recommended by the Public Art Committee for the 5 utility box locations
included in the 2019 cycle of Paint the City: Saratoga Utility Box Art project.
Crystal Bothelio, Deputy City Manager, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
BERNALD/ZHAO MOVE TO ACCEPT ARTWORK RECOMMENDED BY THE
PUBLIC ART COMMITTEE FOR THE 5 UTILITY BOX LOCATIONS INCLUDED
IN THE 2019 CYCLE OF PAINT THE CITY: SARATOGA UTILITY BOX ART
PROJECT. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD,
ZHAO. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.4. Procedures for Recognizing the Passing of Former Mayors and Council Members
Recommended Action:
Approve resolution establishing procedures for recognizing former Mayors and Council
Members that have passed.
Crystal Bothelio, Deputy City Manager, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
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Saratoga City Council Minutes ~ March 6, 2019 ~ Page 5 of 7
RESOLUTION 19-008
MILLER /BERNALD MOVED TO APPROVE THE RESOLUTION ESTABLISHING
PROCEDURES FOR RECOGNIZING FORMER MAYORS AND COUNCIL
MEMBERS THAT HAVE PASSED WITH THE FOLLOWING PRACTICES: 1)
SEND A CONDOLENCE CARD TO THE FAMILY OF THE DECEASED; 2)
CALLING THE NEXT REGULAR MEETING TO ORDER IN MEMORY OF THE
DECEASED; 3) MAINTAIN A LIST OF ALL FORMER MAYOR’S THAT NOTES
THEIR TERMS OF SERVICE AND DEATH, IF APPLICABLE; 4) OFFER A
POSTHUMOUS COMMENDATION UPON THE REQUEST OF THE
DECEASED’S FAMILY; AND, 5) OFFER A TREE OR BENCH DEDICATION
WITH A PLAQUE AT THE REQUEST OF THE DECEASED’S FAMILY. MOTION
PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Mayor Manny Cappello
Saratoga Area Senior Coordinating Council (SASCC) – the Board received financial reports and
received a report on a new event that includes seniors and young adults engaging in dialog with
Ken Yeager.
West Valley Mayors and Managers – Susan Kirsch, founder of Livable California, was the guest
speaker. There was also a conversation on best policies in downtown districts.
Vice Mayor Howard Miller
Saratoga Ministerial Association – the Association is attending a joint meeting with Council
soon. The group received information about Village House, which has a women’s rotating
shelter in Saratoga.
Saratoga Sister City Organization – the annual change in leadership is happening soon. They are
having Quarterly potluck on March 22 in the Senior Center and a Members Asian art museum
trip coming up. The Council is invited to events on Wednesday, October 15 when the Muko City
delegation comes to Saratoga.
Silicon Valley Clean Energy Authority Board of Directors – Vice Mayor Miller was appointed as
the Vice Chair. They held a semi-annual retreat for new Board members.
VTA State Route 85 Corridor Policy Advisory Board – Vice Mayor Miller was appointed as Vice
Chair. The Policy Board kicked off the planning process and will be giving a report to the VTA
Board by end of year.
Council Member Rishi Kumar
West Valley Clean Water Program Authority – at the February 7 meeting, the Authority
approved the financial services agreement between the Authority and City of Saratoga. The
Authority also discussed funding strategies,
West Valley Solid Waste Management Joint Powers Authority – the Board met last month,
Council Member Kumar was selected to be on the disposal agreement adhoc committee.
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Saratoga City Council Minutes ~ March 6, 2019 ~ Page 6 of 7
Council Member Mary-Lynne Bernald
Hakone Foundation Board & Executive Committee – the meeting was on February 21 and a new
board member, Phyliss Tung, was approved. Board Member Sandy Miller did an internal audit,
which turned out well. Hakone hired a grant writer, who created 12 applications and is waiting
for responses. The Board received a report on problems with an historical storage shed taking on
water.
Public Art Committee – the Committee discussed the possibility of artistic bicycle racks which
are functional and come in different colors.
Santa Clara/Santa Cruz Airport/Community Roundtable – Council Member Bernald was elected
as Chair. Lisa Matichak, Mayor of Mountain View, was elected Vice Chair. The group is now
working through the by-laws and was introduced to the facilitators.
Saratoga Historical Foundation – the Foundation meet last week and went over new by-laws
and received a report about looking at moving an historical structure from the Peck’s to the
Museum site. Certificates for Louise and George Cooper winning essays will be issued to 4
th
and 5th grade students soon.
Council Member Yan Zhao
Public Art Committee – had a meeting last week to review the votes from the public for the Paint
the City. The Committee also discussed opportunities to collaborate with West Valley College
and Montalvo.
Saratoga Chamber of Commerce & Destination Saratoga – the Chamber met last month. There
are four Chamber events coming in 2019, including: May 11 Wine Stroll, July 28 Car Show,
August 24 Bollywood, and sometime in Sept. talking about first annual golf tournament. A shop
local campaign was also discussed.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
At 10:15 p.m., Mayor Cappello adjourned the Regular Session and announced that the City
Council would reconvene the deliberations on the Planning Commission interviews in the Linda
Callon Conference Room at 10:20 p.m.
43
Saratoga City Council Minutes ~ March 6, 2019 ~ Page 7 of 7
BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 10:58 P.M. MOTION
PASSED. AYES: CAPPELLO, MILLER, KUMAR, BERNALD, ZHAO. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Debbie Bretschneider, City Clerk
City of Saratoga
44
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 City check runs. Checks issued for $20,000 or greater are listed separately as well as
any checks that were voided 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 #
03/05/19 138132 138192 61 262,555.92 03/05/19 02/26/19 138131
03/12/19 138193 138239 47 151,439.78 03/12/19 03/05/19 138192
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
03/05/19 138140 PS 48,644.19
03/05/19 138165 PW 32,107.48
03/05/19 138168 PW 20,750.00
03/05/19 138190 PW 26,662.75
03/12/19 138202 PW/CDD 44,296.44
03/12/19 138203 PW 31,976.87
03/12/19 138230 PW 25,353.43
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
Gachina Landscape Mgmnt
Timothy C. Best
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Finance & Administrative Services
Starting
Check #Type of Checks Date
Accounts Payable
Accounts Payable
Fund Purpose
03/05/2019 Period 9; and 03/12/2019 Period 9.
PREPARED BY:
Ending
Check #
Animal services
General
Matt Novakovich
General
General
Vista Landscape Mtc
Oscar's Tree Service
Various
Prior Check Register
Checks
Released
Total
Checks Amount
General Plan/TSC
Various Landscape services
Fehr & Peers
Tree work
City of San Jose
Orchard maintenance
Landscape servicesVarious
Various Saratoga-to-Sea Trail
Status
N/A
Reason Issued to
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49
50
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52
53
54
55
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SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Deputy City Manager
SUBJECT:Agreement with the Santa Clara County FireSafe Council
RECOMMENDED ACTION:
Authorize the City Manager to execute an agreement with the Santa Clara County FireSafe Council
in the amount of $25,000 per fiscal year through June 30, 2023 for wildfire prevention and
preparedness services.
BACKGROUND:
The Santa Clara County FireSafe Council is a non-profit that works to protect neighborhoods in
Santa Clara County that are at risk for wildfire. The FireSafe Council provides a variety of
services from fuel reduction projects to educational workshops and home inspections. The non-
profit receives funding from different public agencies, including the Santa Clara County Fire
Department, grants, and private sources.
In 2013, the City of Saratoga entered into an agreement with the FireSafe Council. Through the
agreement, which expired in June 2018, the FireSafe Council oversaw a free chipping program
for Saratoga residents, home wildfire prevention and preparedness inspections, fuel reduction
projects, and more.
As with the recently expired agreement, the new agreement will fund wildfire prevention and
preparedness services at $25,000 per fiscal year for a 5-year period ending June 30, 2023. The
objectives of the new agreement include increasing community awareness of wildfire risks,
empowering residents to prepare for and protect their property from wildfire, and mitigating
wildfire risk through fuel reduction projects.
ATTACHMENTS:
Attachment A –Proposed Agreement
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SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Recreation & Facilities Department
PREPARED BY:Michael Taylor, Director
SUBJECT:Extension of Contract with North Bay Building Maintenance for Janitorial
Services
RECOMMENDED ACTION:
Authorize the City Manager to execute the contract extension option with North Bay Building
Maintenance for one additional year of janitorial services starting July 1, 2019, for an amount not
to exceed of $70,000
BACKGROUND:
Since January 2015,the City has been using a contract janitorial service to provide regular
building maintenance. The janitorial service has proven to be reliable and efficient. The schedule
is developed by the Facilities Lead monthly and the cost savings over a full-time maintenance
employee have been significant.
The current agreement with the present contractor, North Bay Building Maintenance (NBBM),
expires June 30, 2019 with an optional one-year extension. NBBM currently charges $23 per
hour and will increase that rate to $24 per hour starting July 1, 2019, if the one-year option is
approved. Prior to awarding the contract, staff solicited bids from four janitorial service
providers NBBM submitted the lowest bid at that time.
FISCAL STATEMENT:
The cost of the agreement will be included in the Facilities operating budget for FY 2019/20.
ATTACHMENTS:
Attachment A –Copy of proposed Contract Amendment with NBBM
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87
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90
91
92
93
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96
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105
106
107
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112
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SARATOGA CITY COUNCIL
MEETING DATE: March 20, 2019
DEPARTMENT: Administrative Services/Recreation & Facilities Department
PREPARED BY: Mary Furey and Michael Taylor, Directors
SUBJECT: Event Insurance for Certain Community Events
RECOMMENDED ACTION:
Include SVDC community events and Saratoga’s Independence Day Celebration under the City’s insurance
program.
BACKGROUND:
The City provides grant funding annually to different organizations t hat conduct events in the community
and requires those organization to obtain liability insurance for these events. Staff has heard from the
volunteer groups that organize Saratoga Village Development Council (SVDC) events and the
Independence Day Celebration that obtaining Special Event insurance is difficult and prohibitively
expensive. These volunteers do not belong to a formal organization and have to obtain event insurance as
individuals.
In recent years, the City has required event organizers to obtain Special Event insurance because it provides
the first line of defense for liability claims occurring from an event. The insurance protects the City under
a separate policy up to the coverage dollar amount, eliminates the cost of the City’s deductible if claims
occur, and protects the City’s claim history.
The City belongs to the Pooled Liability Assurance Network (PLAN) JPA, a risk and insurance pool of 28
cities in northern California. Through the pool, the City purchases $5M in General Liability Insurance with
a $25,000 self-insured retainer and $5M in Property Insurance with a $5,000 deductible. While Special
Event coverage is not included in the City’s current insurance package, the City is protected against claims
stemming from events under its General Liability and Property policies.
Due to the low hazard nature of the events, their small size, and City coverage already in place, staff
recommends Council approve the SVDC and Independence Day Celebration requests to forgo the Special
Event insurance requirement at this time.
Alternatively, if Council determines Special Event insurance should be purchased, staff will assist the event
organizers in purchasing coverage through PLAN JPA’s broker Alliant Insurance Services. Alliant
Insurance Services’ 2019 Hazard Groups and Rate Schedule is attached for reference.
ATTACHMENTS:
A: Hazard Groups and Rate Schedule 115
TENANT/USER PROGRAM
HAZARD SCHEDULE
(A “Tenant/User Event” is an event that is held or sponsored by companies,
Organizations,or individuals that have been permitted to use your premises)
Special Event Policy Term: January 1, 2019 to January 1, 2020 9
TENANT /USER EVENT
HAZ
I
HAZ
II
HAZ
III
U/W*
Approval
Required
NO
Participant
Coverage
AEROBIC & JAZZERCISE CLASSES X
ANIMAL ACTS / SHOWS X
ANIMAL TRAINING X
ANTIQUE SHOWS X
ART FESTIVALS / SHOWS X
AUCTIONS X
AUTO SHOWS (No Auto Coverage0 X
AWARDS PRESENTATIONS X
BALLETS X
BANQUETS X
BAZAARS X
BEAUTY PAGEANTS X
BICYCLE RALLIES X X
BINGO GAMES X
BLOCK PARTIES / STREET CLOSURES (Excludes
Bleachers)
X X
BOAT SHOWS X
BODY BUILDING CONTESTS X
BUSINESS MEETINGS / SHOWS X
CARNIVALS (NO Rides)X X
CASINO & LOUNGE SHOWS (No Performer or Crew
Coverage)
X
CHAMBER OF COMMERCE EVENTS X
CHRISTMAS TREE LOTS / FARMS (No cut your own)X
CHARITY BENEFITS (Including Auctions / Sales)X
CINEMAS X
CIVIC CLUB MEETINGS X
COMEDY SHOWS (No Performer or Crew Coverage)X
CONCERTS (NO Hip/Hop, Rap, Heavy Metal)
Classical Music X X
Indoors under 1,500 X X
Symphony X X
Outdoors under 1,500 X X
Rock under 5,000 X X X
Alternative under 1,500 X X X
CONSUMER SHOWS X
CONVENTIONS (Inside)X
CORPORATE EVENTS X
COUNTRY WESTERN EVENTS (NO Equine)X X
CRAFT SHOWS X
Declination of Events could be due to the attendance size or level of performers
Athletic Participant’s coverage requires prior company approva l and signed waiver(s)
Liquor Legal Liability for Hazard Group II must be submitted for Underwriter Approval. See Page 16
for details
Attachment A
116
TENANT/USER PROGRAM
HAZARD SCHEDULE (Continued)
(A “Tenant/User Event” is an event that is held or sponsored by companies, organizations,
or individuals that have been permitted to use your premises)
Special Event Policy Term: January 1, 2019 to January 1, 2020 10
TENANT /USER EVENT
HAZ
I
HAZ
II
HAZ
III
U/W*
Approval
Required
NO
Participant
Coverage
DANCE SHOWS (includes Rehearsals & Dancers)X
DANCES X
DEBUTANTE BALLS X
DEBUTS X
DINNER THEATERS (No Performer or Crew Coverage)X X
DOG SHOWS X
DRILL TEAM EXHIBITIONS /COMPETITIONS X
EDUCATIONAL EXHIBITIONS X
ELECTRONICS CONVENTIONS X
EVANGELISTIC MEETINGS (Revivals, etc)X
EXHIBITIONS / EXHIBITS (Inside)X
EXHIBITIONS / EXHIBITS (Outside)X
EXPOSITIONS (Inside)X
EXPOSITIONS (Outside)X
FASHION SHOWS X
FILM PRODUCTIONS X X
FISHING EVENTS (Inside)X
FISHING EVENTS (Outside)X
FLOWER SHOWS X
FOOD CONCESSIONS X
GARDEN SHOWS X
GRAD NIGHT (University Only –NO High School)X
GRADUATION CEREMONY X
GYMNASTIC COMPETITIONS (No Participant Coverage)X X
HARVEST FESTIVALS X
HAUNTED HOUSES X X
HEADS OF STATE EVENTS X
HOME / HOUSING SHOWS X
HORSE SHOWS X X
HOTEL SHOWS X
ICE SKATING SHOWS X X
INSTRUCTIONAL CLASSES (non-mechanical)X
JAM & JAZZ SESSIONS X
JOB FAIRS X
KIDDIELANDS (NO Rides)X
Declination of Events could be due to the attendance size or level of performers
Athletic Participant’s coverage requires prior company approval and signed waiver(s)
Liquor Legal Liability for Hazard Group II must be submitted for Underwriter Approval. See Page 16
for details
Attachment A
117
TENANT/USER PROGRAM
HAZARD SCHEDULE (Continued)
(A “Tenant/User Event” is an event that is held or sponsored by companies, organizations,
or individuals that have been permitted to use your premises)
Special Event Policy Term: January 1, 2019 to January 1, 2020 11
TENANT /USER EVENT
HAZ
I
HAZ
II
HAZ
III
U/W*
Approval
Required
NO
Participant
Coverage
LADIES CLUB EVENTS X
LECTURES X
LIVE ENTERTAINMENT (No Performer or Crew
Coverage)
X X
LIVESTOCK SHOWS X
LUNCHEONS X
MARATHONS X
MARTIAL ARTS EVENTS (Non-Contact) No
Participant Coverage w/o Company Approval
X X
MEETING (Inside)X
MEETING (Outside)X
MOBILE HOME SHOWS X
MOTION PICTURE THEATERS X
MUSICALS (NO Rock)X X
NIGHT CLUB SHOWS (No Performer or Crew
Coverage)
X
OPERAS / OPERETTAS (No Performer or Crew
Coverage)
X
ORGANIZED SIGHTSEEING TOURS (No Auto
Coverage)
X
OVERNIGHT CAMPING X
PAGEANTS X
PARADES X X
PARTIES / CELEBRATIONS –No Liquor X
PARTIES / CELEBRATIONS –With Liquor X
PETTING ZOOS (NO FEEDING-SURCHARGE MAY
APPLY TO EXOTIC ANIMALS)
X
PICNIC GROUNDS
Without Pools or Lakes X
With Pools or Lakes OVER 150 feet from Water
(Excludes Swimming & Diving)
X
With Pools or Lakes LESS THAN 150 feet from
Water (Excludes Swimming & Diving)
X
PLAYS (No Performer or Crew Coverage)X X
POLITICAL RALLIES X X
PROMOTERS (Subject to Special Rating)X X
PROMS X
PUMPKIN PATCHES / CORN MAZES X
Declination of Events could be due to the attendance size or level of performers
Athletic Participant’s coverage requires prior company approval and signed waiver(s)
Liquor Legal Liability for Hazard Group II must be submitted for Underwriter Approval. See Page 16
for details
Attachment A
118
TENANT/USER PROGRAM
HAZARD SCHEDULE (Continued)
(A “Tenant/User Event” is an event that is held or sponsored by companies, organizations,
or individuals that have been permitted to use your premises)
Special Event Policy Term: January 1, 2019 to January 1, 2020 12
TENANT /USER EVENT
HAZ
I
HAZ
II
HAZ
III
U/W*
Approval
Required
NO
Participant
Coverage
RECITALS (MUSIC, DANCE, PIANO)X
RECREATIONAL EVENTS X
RELIGIOUS ASSEMBLIES (Church Services, Bible
Study, etc)DURATION OF TIME ONLY 6 WEEKS
X
REUNIONS X
RUMMAGE SALES X
RV SHOWS X
SCHOOL BANDS EXHIBITIONS / COMPETIONS X
SCOUTING JAMBOREES X
SÉANCES X
SEMINARS X
SIDEWALK SALES X
SKATING PARTY X X
SKI EVENTS / DEMOS X X
SPEAKING ENGAGEMENTS X
SOAP BOX DERBIES X
SOCIAL GATHERINGS (Indoors)X
SOCIAL GATHERINGS (Outdoors)X
SPORTING EVENTS
Non-Professional (Indoors)X
BASEBALL X X
BASKETBALL X X
SOFTBALL X X
SOCCER X X
TENNIS / HANDBALL / RACKETBALL COURTS X X
STATE & COUNTY FAIRS X X
STREET FAIRS X X
SWIMMING EVENTS (AGE INFORMATION
REQUIRED) LIFEGUARD RATIO FOR AGES 0-12
MUST BE 1 TO 4 AND AGES 12 & UP 1 TO 6
X
TELECONFERENCES X
TELETHONS X
THEATRICAL ROAD SHOWS (No Performer or Crew
Coverage)
X X
THEATRICAL STAGE PERFORMANCES (No
Performer or Crew Coverage)
X X
TRADE SHOWS (Inside)X
TRADE SHOWS (Outside)X
Declination of Events could be due to the attendance size or level of performers
Athletic Participant’s coverage requires prior company approval and signed waiver(s)
Liquor Legal Liability for Hazard Group II must be submitted for Underwriter Approval. See Page 16
for detail
Attachment A
119
TENANT/USER PROGRAM
HAZARD SCHEDULE (Continued)
(A “Tenant/User Event” is an event that is held or sponsored by companies, organizat ions,
or individuals that have been permitted to use your premises)
Special Event Policy Term: January 1, 2019 to January 1, 2020 13
TENANT/USER EVENT
HAZ
I
HAZ
II
HAZ
III
U/W*
Approval
Required
NO
Participant
Coverage
UNION MEETINGS X
VACATION SHOWS X
VOTER REGISTRATIONS X
WEDDINGS & RECEPTIONS X
WEDDING PHOTOGRAPHERS X
ZOOS (ACTUAL FACILITY)X
Declination of Events could be due to the attendance size or level of performers
Athletic Participant’s coverage requires prior company approval and signed waiver(s)
Liquor Legal Liability for Hazard Group II must be submitted for Underwriter Approval. See Page 16
for details
Attachment A
120
TENANT USER EVENT PREMIUMS
January 1, 2019 to January 1, 2020
Special Event Policy Term: January 1, 2019 to January 1, 2020 14
PREMIUMS:
NOTE:Increase limits are available please see upcharge chart on page 14
HAZARD I HAZARD II HAZARD III
ATTENDANCE PREMIUM ATTENDANCE PREMIUM ATTENDANCE PREMIUM
1-100 $81.00 1-100 $119.00 1-100 $189.00
101-500 $113.00 101-500 $207.00 101-500 $332.00
501-1500 $169.00 501-1500 $245.00 501-1500 $439.00
1501-3000 $219.00 1501-3000 $408.00 1501-3000 $690.00
3001-5000 $332.00 3001-5000 $521.00 3001-5000 $847.00
5000 +To Be
Determined
5000 +To Be
Determined
5000 +To Be
Determined
PREMIUMS ARE ONLY VALID FROM 1/1/19 TO 1/1/20
PREMIUMS INCLUDE ALL TAXES & FEES
PREMIUMS ARE APPLICABLE PER TOTAL ATTENDANCE.
FOR MULTIPLE DAYS:
Total the attendance for all days of the event. Refer to premiums schedule and charge the
premium corresponding to the total attendance.Events lasting over five days require
underwriting approval.Please submit information to Alliant Insurance Services, Inc.
Alcoholic Beverage premiums are to be separately calculated for each day.Liquor Legal
Liability is included in the policy by separate endorsement
Liquor Legal Liability for Hazard Groups II and III require underwriter approval. See
Page 15 for details
Multiple Day Events: List the Event days that are used for “setting up” or “taking
down”including the event date(s)on the Quarterly Report. These are considered
insured days on the coverage certificate
Attachment A
121
TENANT USER EVENT PREMIUMS
January 1, 2019 to January 1, 2020
Special Event Policy Term: January 1, 2019 to January 1, 2020 15
AFTER MIDNIGHT EVENTS:
If the event extends beyond Midnight and ends before 2:00 AM the event is considered
one day
If an event With Liquor extends beyond Midnight and ends before 2:00 AM (excluding
take down days)you can check the appropriate box on the certificate and add a 15%
surcharge to the Liquor premium (Example:$200.00 x 15% = $230.00)
If the event goes beyond 2:00 AM,an additional day will to be charged for the event
and liquor
Increase Limits Table
$1,000,000 per occurrence /
$3,000,000 general aggregate
$2,000,000 per occurrence /
$2,000,000 general aggregate
11%of total event premium 19%of total event premium
Example: Total event premium is $220.93 increase limits requested is $1,000,000 per
occurrence and $3,000,000 general aggregate. $220.93 X 1.11 =$245.23
Example: Total event premium is $220.93 increase limits requested is $2,000,000 per
occurrence and $2,000,000 general aggregate. $220.93 X 1.19 =$262.91
Property Damage
Amount Deductible Premium
$50,000 None $50.00
$100,000 None $100.00
Damage to Property –
when purchased by a
client provides
coverage for the
physical property
damage by deleting
paragraphs 1, 3 &4 in
that exclusion (page 4
of 16 –exclusion J).
When the buyback is
purchased, then the
following is added to
Section Ill of the
policy —Limits Of
Liability:
The most we will pay in
any one "occurrence"
for "property damage'
to:
a.Property you
own, rent or
occupy;
b.Property loaned
to you
c.Personal
property in your
care, custody or
control.
Attachment A
122
TENANT USER EVENT PREMIUMS
January 1, 2019 to January 1, 2020
Special Event Policy Term: January 1, 2019 to January 1, 2020 16
EXHIBITORS AND CONCESSIONAIRE PREMIUMS:
Exhibitors -No Sales $29.00 Per Day/Per Exhibitor
Concessionaires -Non Food Sales $39.00 Per Day/Per Concessionaire
Concessionaires -Food Sales $49.00 Per Day/Per Concessionaire
Premiums Include All Taxes & Fees
Exhibitors and Concessionaires coverage is only available in conjunction with a scheduled
event.
LIQUOR LEGAL LIABILITY PREMIUMS:
HAZARD GROUP I ONLY:
Alcoholic beverages served charge $60.00 premium for each day of the event.
HAZARD GROUPS II AND III:
Require prior company approval.The premiums below are for quote purposes only
1-150 $121
151-300 $146
301-500 $194
500 +To Be Determined
Premium include all taxes and fees
Liquor Legal Liability coverage is only available in conjunction with a scheduled event
LIQUOR CHARGES AFTER MIDNIGHT EVENTS:
If an event With Liquor extends beyond Midnight and ends before 2:00 AM (excluding
take down days)you can check the appropriate box on the certificate and add a 15%
surcharge to the Liquor premium (Example:$194.00 x 15% = $223.00)
If the event goes beyond 2:00 AM an additional day will to be charged for the event
and liquor
Attachment A
123
TENANT USER EVENT PREMIUMS
January 1, 2018 to January 1, 2019
Special Event Policy Term: January 1, 2019 to January 1, 2020 17
EXAMPLES:
SAMPLE EVENT PREMIUM CALCULATION
ONE DAY EVENT RATING:
Weddings with 250 People:
Refer to Hazard Schedule I “Weddings &
Receptions”
Attendance Category:
101-500
Total Premium:
$113.00
MULTIPLE DAY EVENT RATING (Events of two or more consecutive days):
5 Day Dog Show with 100 People each day –
Total Attendance 500:
Refer to Hazard Schedule II “Dog Shows”
Attendance Category:
101-500
Total Premium:
$207.00
TWO DAY EVENT WITH LIQUOR:
2 Day Celebration with Liquor with 200 people
each day –Total Attendance 400:
Refer to Hazard Schedule II “Parties /
Celebrations With Liquor”
1 Day set up and 1 day Tear down with 25
people each day –New Total Attendance 450
Attendance Category:
101-500
Total Premium:
$207.00
Liquor Premium applies for each day of the
event and requires approval –Attendance each
day 200 ($150 x 2 = $300). Liquor Premium:
$300
Liquor Haz Group II
151-300
NEW Total Premium:
$507.00
AFTER MIDNIGHT WITH LIQUOR:
If the last day of the actual event,excluding take down days,goes beyond "Midnight" but ends before
2:00AM you can check the appropriate box on the certificate and add a 15% surcharge to the Liquor
premium (Example:$300.00 x 15% =$345.00)If the event goes beyond 2:00 AM a third day needs to
be charged for the event.
2 Day Celebration with Liquor –Extends
beyond 2:00 AM. Event is now 3 days with 150
people each day –Total Attendance 450:
Refer to Hazard Schedule II “Parties /
Celebrations With Liquor”
1 Day set up and 1 day Tear down with 10
people each day –New Total Attendance 470
Attendance Category:
101-500
Total Premium:
$245.00
Liquor Premium applies for each day of the
event and requires approval –Attendance each
day 150 ($125 x 3 = $375). Liquor Premium:
$375
Liquor Haz Group II
1-150
NEW Total Premium:
$620.00
Attachment A
124
INSTRUCTOR / RECREATION CLASS HAZARD SCHEDULE
AND PREMIUMS
January 1, 2019 to January 1, 2020
Special Event Policy Term: January 1, 2019 to January 1, 2020 18
HAZARD I -NON SPORT INSTRUCTION
HAZARD II -SPORTS INSTRUCTION ONLY
INSTRUCTOR / RECREATION CLASS HAZ I HAZ II
U/W*
Approval
Required
ACADEMIC X
ACTING X
AEROBICS X
AQUATICS X
ARTS AND CRAFTS (Various)X
BALLET X
BASEBALL X
BASKETBALL X
BEAUTY X
BOWLING X
BOXING / YOUTH X
BREATHING X
CALLIGRAPHY X
CARD GAME (Various)X
CHEERLEADING X
CHESS X
CLUB MEETINGS X
COINS X
COOKING X
CPR –ADULT /CHILD / INFANT & FIRST AID X
DANCE (Various)X
DOG OBEDIENCE X
FENCING X
GOLF X
GYMNASTICS X
HEALTH & FITNESS (Non Sport)X
HOCKEY X
JAZZ X
LANGUAGE X
MARTIAL ARTS X
MODELING X
MUSIC X
PAINTING X
PHOTOGRAPHY X
PRESCHOOL / DAYCARE X
READING X
ROWING X
SELF DEFENSE X
SELF IMPROVEMENT X
SEWING X
SKATING X
STAMPS X
SWIMMING X
Attachment A
125
INSTRUCTOR / RECREATION CLASS HAZARD SCHEDULE
AND PREMIUMS
January 1, 2019 to January 1, 2020
Special Event Policy Term: January 1, 2019 to January 1, 2020 19
INSTRUCTOR / RECREATION CLASS HAZ I HAZ II
U/W*
Approval
Required
TAI CHI X
TAP X
TAPPERCIZE X
TEE-BALL X
TENNIS X
VARIOUS INSTRUCTIONAL CLASSES X
VOLLEYBALL X
WEIGHTLIFTING (Machines Only)X
YOGA X
PREMIUMS:
1-125 Attendance 126+ Attendance
HAZARD I –Non Sport Instruction $49 Flat Rate To Be Determined
HAZARD II –Sport Instruction Only $97 Flat Rate To Be Determined
PREMIUMS ARE ONLY VALID FROM 1/1/19 TO 1/1/20
ATTENDANCE OVER 126 REQUIRES COMPANY APPROVAL & AN ADDITIONAL
CHARGE
PREMIUMS INCLUDE ALL TAXES & FEES.
PREMIUMS ARE APPLICABLE PER TOTAL CLASS ATTENDANCE REGARDLESS
OF HOW MANY DAYS / WEEKS OF INSTRUCTION
PARTICIPANT COVERAGE –IF APPROVED –REQUIRES SIGNED WAIVERS
DEFINITIONS:
SAME STUDENTS:SAME PEOPLE ATTENDING ALL OF THE CLASS DATES FOR THE
LENGTH OF THE SESSION
DIFFERENT STUDENTS:DIFFERENT PEOPLE ATTENDING EACH CLASS DATE FOR
THE LENGTH OF THE SEESION
SEE EXAMPLE BELOW
Attachment A
126
INSTRUCTOR / RECREATION CLASS HAZARD SCHEDULE
AND PREMIUMS
January 1, 2019 to January 1, 2020
Special Event Policy Term: January 1, 2019 to January 1, 2020 20
EXAMPLE:
Music classes : One 8 week session with the
same students in attendance (10) for all 8 weeks
Total is 10
Attendance Category:
1-125
Total Premium:
$49.00 Flat Fee
Music Classes : One 8 week session with
different students for each week (10)
Total is 80
Attendance Category:
1-125
Total Premium:
$49.00 Flat Fee
Music classes : One 8 week session with the
same students in attendance (10) for all 8 weeks
Second 8 week session new students (10) total
20 students for the two 8 week sessions
Total is 20
Attendance Category:
1-125
Total Premium:
$49.00 Flat Fee
Music classes : 8 week session with different
students in attendance (10 per class) for all 8
weeks.Total is 80
Attendance Category:
1-125
Total Premium:
$49.00 Flat Fee
Two 8 week sessions different students (10 per
each class) total 80 per week 8 week session
Total for both sessions is 160
Attendance Category:
126-250
Total Premium:
$73.00
Attachment A
127
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Finance & Administrative Services
PREPARED BY:Dennis Jaw, Finance Manager
SUBJECT:Garden Patio/Bocce Ball Court and Senior Center Entrances Remodel Capital Projects
Budget Adjustment
RECOMMENDED ACTION:
Approve Budget Adjustment to provide funding for the Garden Patio/Bocce Ball Court and Senior Center
Entrances Remodel Capital Projects.
BACKGROUND:
On February 20, 2019, the City Council completed the FY 2019/20 Capital Improvement Plan (CIP)
Prioritization process and arrived at a consensus decision for proposed capital project funding for the FY
2019/20 Capital Budget. The Council provided further direction to begin work on the Garden Patio/Bocce
Ball Court and Senior Center Entrances Remodel capital projects immediately in FY 2018/19 to ensure
timely completion.
Council is requested to approve the attached Resolution to transfer funding from the General Fund Capital
Project Reserve to the following capital projects:
Garden Patio/Bocce Ball Court $215,000
Senior Center Entrances Remodel $150,000
Total from Capital Project Reserve $365,000
ATTACHMENT:
Attachment A –Budget Resolution
128
Attachment A
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO ADJUST THE FY 2018/19 OPERATING AND CAPITAL IMPROVEMENT PLAN BUDGETS TO
APPROPRIATE ADDITIONAL FUNDS FOR THE GARDEN PATIO/BOCCE BALL
COURT AND SENIOR CENTER ENTRANCES REMODEL PROJECTS
WHEREAS, the City Council completed the FY 2019/20 Capital Improvement Plan (CIP) prioritization process
during the study session on February 20, 2019; and
WHEREAS, the City Council arrived at a consensus to appropriate capital project funding to the Garden
Patio/Bocce Ball Court project in the amount of $215,000 and to the Senior Center Entrances Remodel project in
the amount of $150,000 as part of the FY 2019-20 Capital Improvement Plan; and
WHEREAS, the City Council provided direction to appropriate the capital funds and begin work on the projects
during the 2018/19 fiscal year; and
WHEREAS, it is therefore necessary to appropriate this funding from the CIP reserve by transferring the funds and
adjusting the fiscal year 2018/19 CIP budget as follows:
Account Description Account Amount
To appropriate transfer from the General Fund
Increase Transfers Out from the General Fund 111.8101.99999 $365,000
To appropriate Revenues and Expenditures in Garden Patio/Bocce Ball Court Project (9331-010) and the Senior
Center Entrances Remodel Project (9333-007):
Increase Transfer in to CIP Project 4139331-010.49999 $215,000
Increase expense appropriation in CIP Project 4139331-010.81161 $215,000
Increase Transfer in to CIP Project 4139333-007.49999 $150,000
Increase expense appropriation in CIP Project 4139333-007.81161 $150,000
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby approves the
above adjustments to the Fiscal Year 2018/19 Operating Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting
of the Saratoga City Council held on 20th day of March, 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:_____________________
Manny Cappello
Mayor, City of Saratoga
Attest:
_______________________
Debbie Bretschneider,
City Clerk, City of Saratoga 129
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Community Development Department
PREPARED BY:Debbie Pedro, Community Development Director
SUBJECT:2018 General Plan Housing Element Annual Progress Report
RECOMMENDED ACTION:
Adopt the attached Resolution accepting the 2018 General Plan Housing Element Annual Progress
Report and direct staff to file the report with the Governor’s Office of Planning and Research
(OPR) and the Department of Housing and Community Development (HCD).
BACKGROUND:
Government Code Section 65400 requires the City Council to review and accept an annual report
on the status of their progress in implementing the Housing Element. After review and acceptance,
a copy of the report is submitted to OPR and to HCD to fulfill the State mandated reporting
requirements.
The City added 21 new housing units in 2018 which included:
14 deed-restricted accessory dwelling units (Rental limited to low income persons)
2 accessory dwelling units
3 new single family homes
A mixed used project with 2-plex units
ATTACHMENTS:
Attachment A:Resolution
Attachment B:2018 Housing Element Annual Progress Report
130
RESOLUTION NO. 18-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING THE 2018 GENERAL PLAN HOUSING ELEMENT ANNUAL
PROGRESS REPORT AND DIRECTING STAFF TO FILE THE REPORT WITH THE
GOVERNOR’S OFFICE OF PLANNING AND RESEARCH (OPR) AND THE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD)
WHEREAS, Government Code Section 65400 requires that an Annual Progress Report
be prepared highlighting the progress made on implementation of the Housing Element; and
WHEREAS, the Annual Progress Report is to be reviewed and accepted by the City
Council and subsequently filed with OPR and HCD; and
NOW, THEREFORE BE IT RESOLVED,that the Saratoga City Council has reviewed and
accepted the 2018 Housing Element Annual Progress Report and hereby directs staff to file the
report with OPR and HCD.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 20
th day of March, 2019 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Debbie Bretschneider, City Clerk
131
JurisdictionSaratogaReporting Year2018 (Jan. 1 - Dec. 31)134RHNA Allocation by Income Level2015 2016 2017 2018 2019 2020 2021 2022 2023Total Units to Date (all years)Total Remaining RHNA by Income LevelDeed RestrictedNon-Deed RestrictedDeed Restricted71414Non-Deed RestrictedDeed RestrictedNon-Deed Restricted1142Above Moderate936675246943914 7 25 2167 372Note: units serving extremely low-income households are included in the very low-income permitted units totalsCells in grey contain auto-calculation formulasPlease contact HCD if your data is different than the material supplied here35Total RHNATotal UnitsIncome LevelVery LowLow8ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation(CCR Title 25 §6202)Moderate147951042Table BRegional Housing Needs Allocation ProgressPermitted Units Issued by Affordability1476096This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.132
Jurisdiction Saratoga
Reporting Year 2018 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
Policy Action 4-1.1: Amend
Commercial-Neighborhood
(Residential High Density
Standards)
Amend Commercial-Neighborhood
(Residential High Density) C-N(RHD)
November 2015 Complete
Policy Action 4-1.2:
Continue to Implement
Density Bonus Ordinance
Continue Density Bonus Ordinance
Implementation
June 2023 Ongoing
Policy Action 4-1.3:
Encourage Efficient Use of
Energy Resources in
Residential Development
Increased Energy Efficiency November 2015 Pending
Policy Action 4-1.4:
Encourage Green Building
Practices in Home
Construction
Increased Green Building Practices June 2023 Ongoing
Policy Action 4-1.5:
Encourage and Facilitate
Lot Consolidation
Encourage and Facilitate Lot
Consolidation in Identified Candidate Sites
November 2015 Complete
Policy Action 4-1.6: Amend
Multi-Family Parking
Requirements for Affordable
Housing Development in
the CN(RHD) district
Amend Multi-Family Parking Requirements
for Affordable Housing
Developments in the CN(RHD) district
November 2015 Complete
Policy Action 4-2.2: Code
Enforcement Program
Maintain the existing housing stock June 2023 Ongoing
Policy Action 4-2.3: Historic
Preservation and Mills Act
Preserve historic structures June 2023 Ongoing
Policy Action 4-3.1: Maintain
Community Design
Maintain Community Character June 2023 Ongoing
Policy Action 4-3.2:
Preserve the Saratoga
Village
Continue Implementation of Saratoga
Village Design Guidelines
June 2023 Ongoing
Policy Action 4-4.1:
Encourage Development
Review/Revise Second Dwelling
Ordinance
November 2015 Complete
Policy Action 4-4.2: Zoning
Code Amendment for
Special Needs Housing
Facilitate Permitting Process for
Emergency Shelters, Transitional and
Supportive Housing
November 2015 Complete
Policy Action 4-4.3:
Reasonable Accomodation
Implement and Promote Reasonable
Accommodation Procedures
November 2015 Complete
Policy Action 4-4.4: Housing
Opportunities for Persons
Living with Disabilities
Coordinate with the San Andreas
Regional Center to implement an
outreach program for Saratoga families
and provide information on the City's
website
November 2015 Pending
Policy Action 4-4.5:
Development of Housing for
Extremely Low-Income
Households
Housing for Extremely Low-Income
Households
June 2023 Complete
Policy Action 4-4.6: Housing
Opportunities for Persons
Employed in Saratoga
Explore Opportunities to Encourage
Additional Local Workforce Housing
through Community Partnerships
November 2015 Pending
Policy Action 4-4.7:
Monitoring and Preservation
of
Existing Affordable Housing
Monitor and Preserve 170 "At-Risk" Units
(Fellowship Plaza and Saratoga Court)
June 2023 Ongoing
Policy Action 4.4-8: Support
Preparation of a
Countywide Nexus Study of
Affordable Housing Impact
Fees
Coordinate with other Santa Clara County
cites to prepare a joint nexus study to
establish an affordable housing impact
program
November 2015 Pending
Policy Action 4-5.1: Promote
Fair Housing Efforts
Continue Support of Fair Housing Efforts June 2023 Ongoing
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing
element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
133
Policy Action 4-5.2: Develop
a Comprehensive
Community Outreach
Strategy for Housing
Comprehensive Housing Outreach
Strategy
November 2015 Complete
Policy Action 4-5.3:
Partnerships with
Development
Community
Partnerships with Housing Developers November 2015 Pending
Policy Action 4-5.4: Healthy
Community
Promote Healthy Lifestyles June 2023 Ongoing
134
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Public Works Department
PREPARED BY:Macedonio Nunez, Senior Engineer
SUBJECT:Funding Agreement with Santa Clara Valley Transportation Authority for
2016 Measure B Local Streets and Roads Program
RECOMMENDED ACTIONS:
1.Authorize the City Manager to execute the Funding Agreement with the Santa Clara Valley
Transportation Authority.
BACKGROUND:
In 2016 the Santa Clara Valley Transportation Authority (VTA) adopted a resolution (No.
2016.06.17)to place a ballot measure to Santa Clara County voters to authorize a one-half of one
percent retail transaction for 30 years. The Santa Clara County voters approved the 2016
Measure countywide sales tax to enhance transit, highways, expressways and active
transportation (bicycles, pedestrians and complete streets).
A portion of the sales tax is to the cities and the County on a formula basis to be used to repair
and maintain the street system. The allocation is based on the population of the cities and the
County of Santa Clara’s road and expressway lane mileage. Cities and the County are required to
demonstrate that these funds would be used to enhance and not replace their current investments
for road system maintenance and repair. The program would also require that cities and the
County apply Compete Streets best practices in order to improve bicycle and pedestrian elements
of the street system. If a city or the County has a Pavement Condition Index score of at least 70,
it may use the funds for other congestion relief projects.
The proposed amount of allocations the City will receive for the combine fiscal years of 2018
and 2019 are $1,172,458 (Attachment A Proposed Allocations). A one-time advance of $139,736
(Attachment B One-time Advance Allocation Amounts) will be distributed to the City once the
Funding Agreement (Attachment C) is executed. The one-time advance, as approved by the VTA
Board of Directors in the LSR program guidelines, are Program Tax Revenues collections from
April 2017 to June 2017.The Public Works Department is planning to use the current above
available funding on the next Pavement Management Program this summer.135
ATTACHMENTS:
Attachment A – Proposed Allocations
Attachment B – One-time Advance Allocation Amounts
Attachment C – Funding Agreement
136
Proposed 2016 Measure B Local Streets and Roads Allocation
Agency FY 18 FY19
Campbell 796,707$ 796,707$
Cupertino 1,137,397$ 1,137,397$
Gilroy 1,008,804$ 1,008,804$
Los Altos 571,706$ 571,706$
Los Altos Hills 158,763$ 158,763$
Los Gatos 580,633$ 580,633$
Milpitas 1,381,985$ 1,381,985$
Monte Sereno 65,686$ 65,686$
Morgan Hill 795,223$ 795,223$
Mountain View 1,483,017$ 1,483,017$
Palo Alto 1,273,986$ 1,273,986$
San Jose 19,347,691$ 19,347,691$
Santa Clara 2,302,604$ 2,302,604$
Saratoga 586,229$ 586,229$
Sunnyvale 2,817,569$ 2,817,569$
Santa Clara County 5,692,000$ 5,692,000$
Grand Total 40,000,000$ 40,000,000$
137
2016 Measure B Local Streets and Roads One‐time Advance Allocation Amounts
Agency Advance Amount
Campbell 189,906$
Cupertino 271,115$
Gilroy 240,462$
Los Altos 136,274$
Los Altos Hills 37,843$
Los Gatos 138,402$
Milpitas 329,415$
Monte Sereno 15,657$
Morgan Hill 189,552$
Mountain View 353,498$
Palo Alto 303,672$
San Jose 4,611,793$
Santa Clara 548,858$
Saratoga 139,736$
Sunnyvale 671,607$
Santa Clara County 1,356,768$
Grand Total 9,534,560$
138
Rev 02/2019 Page 1 of 9
FUNDING AGREEMENT
BETWEEN
THE CITY OF SARATOGA
AND
THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
2016 MEASURE B LOCAL STREETS AND ROADS PROGRAM
THIS AGREEMENT (“Agreement”) is between the CITY OF SARATOGA, a “Member Agency,” referred to
herein as “RECIPIENT,” and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, referred to herein
as “VTA.” Hereinafter, RECIPIENT and VTA may be individually referred to as “Party” or collectively
referred to as “Parties.”
I.RECITALS
1. Whereas,on June 24, 2016,the VTA Board of Directors adopted a resolution to place a ballot measure
before the voters of Santa Clara County in November 2016 to authorize a one-half of one percent
retail transaction and use tax (“2016 MEASURE B”) for 30 years for nine transportation-related
program categories; and
2. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30
years to pay for the nine transportation-related program categories; and
3. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program
(“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines; and
4. Whereas, the PROGRAM includes a “Local Streets and Roads”program category consisting of a return-
to-source formula based on city populations and County of Santa Clara’s road and expressway lane
mileage; and
5. Whereas, the duration of 2016 MEASURE B will be 30 years from the initial year of collection,
beginning April 1, 2017, and continuing through March 31, 2047; and
6. Whereas, VTA and RECIPIENT desire to specify herein the terms and conditions under which the Local
Streets and Roads program category (“LS&R CATEGORY”) 2016 MEASURE B revenues will be
administered by VTA as directed by the VTA Board of Directors; and
7. Whereas, VTA has established a manual for purposes of documenting administrative requirements
related to LS&R CATEGORY funds disbursement and expenditure (“VTA LS&R Program Manual”).
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree
as follows:
139
Rev 02/2019 Page 2 of 9
II.AGREEMENT
1. LS&R CATEGORY PROGRAM DEFINITION
The LS&R CATEGORY covers the entirety of public right-of-way and infrastructure, including, but not
limited to, pavement, sidewalk, signals, signage, drainage, and pedestrian and public transit
amenities.
2. TERM OF AGREEMENT
The term of this Agreement will commence on the Effective Date (as defined in the signature block
below) and continue through March 31, 2047, or until LS&R CATEGORY funds allocated to RECIPIENT
have been expended entirely, whichever occurs later.
3. ELIGIBLE USE OF FUNDS
RECIPIENT is permitted to use RECIPIENT’s allocated LS&R CATEGORY funds for any phase (including
but not limited to planning, construction, etc.) and any cost of the maintenance, rehabilitation,
reconstruction, minor improvements of, minor enhancements of, and preservation of multi-modal
roadway infrastructure. This includes implementation of “Complete Streets” elements. See
Attachment A for a definition of Complete Streets.
If RECIPIENT has achieved a jurisdictional average Pavement Condition Index (“PCI”) of 70, RECIPIENT
may use funds for other congestion relief projects as permitted by 2016 MEASURE B.
Only LS&R CATEGORY costs incurred on or after July 1, 2017, will be eligible for reimbursement.
4. DESIGN STANDARDS
RECIPIENT’S project(s)proposedhereunder must incorporate Complete Streets design, including, but
not limited to, best practice design standards and guidelines, such as those published by VTA (e.g.
Bicycle Technical Guidelines, Pedestrian Technical Guidelines, and Community, Design, and
Transportation Manual), Institute of Transportation Engineers (e.g. Designing Walkable Urban
Thoroughfares), American Association of State Highway and Transportation Officials (e.g. Guide for
the Development of Bicycle Facilities), National Association of City Transportation Officials (e.g. Urban
Street Design Guide, Urban Bikeway Design Guide, Transit Street Design Guide), and Caltrans (e.g.
Class IV Bikeway Guidance (Separated Bikeways/Cycle Tracks)).
5. FUNDING ALLOCATIONS
a. RECIPIENT’S funding allocation for each fiscal year, starting July 1, 2017, will be based upon
RECIPIENT’s percentage share of the population or road mileage, as applicable, applied to the
VTA Board of Directors Adopted Biennial Budget for the LS&R CATEGORY.
b. The LS&R CATEGORY annual fund distribution formula is calculated every two fiscal years (in
line with VTA’s budget cycle; a fiscal year begins July 1 and ends June 30) and is based on the
following:
140
Rev 02/2019 Page 3 of 9
i.First, at the same time that VTA plans and finalizes its budget for the two upcoming
fiscal years, the VTA Board of Directors determines the allocation of 2016 MEASURE B
funds for the two upcoming fiscal years.
ii.Second, the VTA Board of Directors determines the amount of 2016 MEASURE B funds
to be allocated amongst the PROGRAM categories, including the LS&R CATEGORY.
iii.Third, the County of Santa Clara’s percentage share of the total budgeted LS&R
CATEGORY funds (“SC Percentage Share”) is calculated by determining the percentage
of the total road and expressway lane mileage recorded in Santa Clara County,
California that the Countyof Santa Clara itselfis responsible for maintaining (according
to the then most current California Public Road Data report issued by Caltrans).
iv.Fourth, the SC Percentage Share is multiplied by the total budgeted LS&R CATEGORY
funds to determine the dollar amount allocated to County of Santa Clara.
v.Fifth, the budgeted LS&R CATEGORY funds remaining after the allocation of the County
of Santa Clara’s share described above (“Remaining Funds”) are distributed to eligible
cities. Each city’s percentage share of the Remaining Funds (each, a “City Percentage
Share”) is calculated by determining the percentage of the total Santa Clara County,
California population (excluding unincorporated areas) attributed to each city
(according to the then most current California Department of Finance’s annual
population estimates (Report E-1, or any successor report)).
vi.Sixth, each City Percentage Share is multiplied by the Remaining Funds to determine
the dollar amount allocated to each city.
c. RECIPIENT’s allocations are subject to change based on variations in annual population or
road mileage and actual 2016 MEASURE B receipts for prior fiscal years.
d. RECIPIENT will receive a one-time advance equivalent to the RECIPIENT’s percentage
allocation of the LS&RCATEGORY’s percentage share of 2016 MEASURE Brevenue collections
made from April 2017 through June 2017, upon (i) execution of this Agreement, (ii)
RECIPIENT’s submittal of an invoice for the one-time advance, and (iii) RECIPIENT’s first
submittal of 1) proposed projects in RECIPIENT’s “Annual Program of Projects”, 2)
maintenance of effort certification (see Section 7.d.), and 3) Complete Streets checklist
provided by VTA. Any interest earned or accrued from the one-time advance by RECIPIENT
must be expended only on eligible costs as set forth above under ELIGIBLE USE OF FUNDS and
DESIGN STANDARDS. RECIPIENT’s Annual Program of Projects must contain, at a minimum,
the following information:
i. Brief description of project/s
ii. Location of project/s
e. After the one-time advance, all remaining and future funds, if any, will be available only on a
reimbursement basis.
141
Rev 02/2019 Page 4 of 9
f.The one-time advance is in addition to RECIPIENT’s FY18 and FY19 LS&R CATEGORY
allocations.
6. VTA’s OBLIGATIONS
VTA will:
a. Annually update the LS&R CATEGORY formula to reflect the most current populations and
road mileage using the California Department of Finance’s annual population estimates
(Report E-1, or any successor report) and the most current California Public Road Data report
issued by Caltrans. VTA shall use the updated LS&R CATEGORY allocation formula in the
allocations beginning July 1 immediately following each VTA budget cycle.
b. Annually update the LS&R CATEGORY PCI for RECIPIENT based on the Metropolitan
Transportation Commission release of the prior year’s PCI.
c. Annually report to the public the amount of LS&R CATEGORY revenues allocated and
distributed to RECIPIENT.
d. VTA shall remit the amount due to the RECIPIENT within thirty (30) calendar days of receipt
of a complete and proper, fully documented invoice.
7. RECIPIENT’s OBLIGATIONS
RECIPIENT will:
a. Ensure that all 2016 MEASURE B funds are expended on allowable LS&R CATEGORY
expenditures as described above in ELIGIBLE USE OF FUNDS and DESIGN STANDARDS.
b. Annually complete and submit to VTA, by October 1st of each year, RECIPIENT’s Annual
Program of Projects, in which RECIPIENT will set forthproposedprojects,and develop all such
projects which are approved as eligible (each a “PROJECT”).
c. Annually submit to VTA, by October 1
st of each year, a summary of the prior fiscal year’s
completed PROJECT(S) and current fiscal year’s program of PROJECTS.
d. Annually submit to VTA, by October 1
st of each year, a certification (which certification form
will be provided by VTA to RECIPIENT) that RECIPIENT is sustaining a maintenance of effort
(“MOE”), meaning that RECIPIENT will maintain a level of expenditures on LS&R CATEGORY
eligible activities equivalent to RECIPIENT’s expenditures submitted to the California
Transportation Commission per 2017 California Senate Bill 1 (“SB1”) MOE requirements for
the Road Repair and Accountability Act Local Streets and Roads Program. RECIPIENT must
submit to VTA an initial MOE base amount and certification of MOE for FY18 upon the
execution of this Agreement.
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e. Comply withtheVTA Board of Directors-approved Complete Streets requirements. RECIPIENT
must submit to VTA a Complete Streets Resolution adopted by the RECIPIENT’s governing
body upon the execution of this Agreement.
f.Annually complete and submit to VTA, by October 1
st of each year,the VTA Complete Streets
checklist and any accompanying reporting requirements for the LS&R CATEGORY Annual
Program of Projects.
g. Submit to VTA all records including contractors’ invoices, miscellaneous invoices, and force
account charges as substantiation for expenditure of the one-time advance funds (which
funds, including any and all interest earned or accrued therefrom,must be exhausted in their
entirety prior to requesting funds for reimbursement).
h. Submit to VTA all records including contractors’ invoices, miscellaneous invoices, and force
account charges as substantiation for invoices submitted to VTA for reimbursement
hereunder.
i.Maintain financial records, books, documents, papers, accounting records, and other
evidence pertaining to costs related to this Agreement for five (5) years from the date on
which the relevant cost(s) was/were incurred. RECIPIENT shall make such records available to
VTA upon written request for review and audit purposes. Financial audits will be performed
at VTA’s discretion.
j.Submit invoices to VTA, no more frequently than monthly, for reimbursement of work
completed on PROJECTS. Invoices must be submitted within one year of the date posted on
the contractor’s invoice submitted as substantiation for RECIPIENT’s invoice, if applicable.
8. GENERAL TERMS AND CONDITIONS
a.Indemnity. Neither VTA nor any officer or employee thereof will be responsible for any
damage or liability arising out of or relating to RECIPIENT’s negligence, recklessness, or willful
misconduct under or in connection with any work, authority, or jurisdiction associated with
this Agreement. RECIPIENT shall fully defend, indemnify, and save harmless VTA from all suits
or actions of every name, kind, and description brought on for or on account of injury (as
defined by California Government Code §810.8) arising out of or relating to RECIPIENT’s
negligence, recklessness, or willful misconduct under or in connection with any work,
authority, or jurisdiction delegated to RECIPIENT under this Agreement. This provision will
survive the termination or expiration of this Agreement.
b.Amendment. No alteration or variation of the terms of this Agreement will be valid unless
made in writing and signed by both of the Parties hereto, and no oral understanding or
agreement not incorporated herein will be binding on any of the Parties hereto.
c.Incorporation of Documents; Entire Agreement.
i.In addition to the terms set forth herein, this Agreement is subject to the
provisions of (i) the 2016 Measure B Program Category Guidelines and (ii) the VTA
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Rev 02/2019 Page 6 of 9
LS&R Program Manual, both of which are incorporated herein by this reference.
VTA may, in its sole discretion, make changes to the 2016 Measure B Program
Category Guidelines and/or LS&R Program Manual at any time. If VTA makes such
changes, VTA will make reasonable efforts to provide RECIPIENT with advance
notice of such changes. Copies of the 2016 Measure B Program Category
Guidelines and the VTA LS&R Program Manual are available at the VTA website
(www.vta.org) or upon request to VTA.
ii.This Agreement, along with the 2016 Measure B Program Category Guidelines and
VTA LS&R Program Manual, contains the entire understanding between VTA and
RECIPIENT relating to the subject matter hereof. This Agreement supersedes any
and all other agreements which may have existed between the Parties, whether
oral or written. This Agreement, along with the 2016 Measure B Program Category
Guidelines and VTA LS&R Program Manual, is binding upon each Party, their legal
representatives, and successors for the duration of the Agreement.
d.Notices. Any notice which may be required under this Agreement must be in writing, will be
effective when received, and must be given by personal service or certified mail to the
individuals at the addressesset forth below, or to such other address which may be specified
in writing by the Parties hereto.
VTA:
Marcella Rensi
Deputy Director, Programming and Grants
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: marcella.rensi@vta.org
RECIPIENT:
James Lindsay
City Manager
CITY OF SARATOGA
13777 Fruitvale Avenue
Saratoga, CA, 95070
jlindsay@saratoga.ca.us
Written notification to the other Party must be provided, in advance, for changes in the name
or address of the individuals identified above.
The individual identified above for RECIPIENT is RECIPIENT’s LS&R CATEGORY Liaison
(“LIAISON”). The LIAISON shall be (i) the liaison to VTA pertaining to implementation of this
Agreement and (ii) the contact for information about the LS&R CATEGORY and PROJECTS.
e.Representation of Authority. Each Party to this Agreement represents and warrants that
each person whose signature appears hereon has been duly authorized and has the full
authority to execute this Agreement on behalf of the entity that is a party to this Agreement.
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f.No Waiver.The failure of either Party to insist upon the strict performance of any of the
terms, covenant and conditions of this Agreement will not be deemed a waiver of any right
or remedy that either Party may have, and will not be deemed a waiver of either Party’s right
to require strict performance of all of the terms, covenants, and conditions hereunder.
g.Dispute Resolution. If a question or allegation arises regarding (i) interpretation of this
Agreement or its performance, or(ii)the alleged failure of a Party to perform, the Party raising
the question or making the allegation shall give written notice thereof to the other Party. The
Parties shall promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve
the issues raised, alternative forms of dispute resolution, including mediation, may be
pursued by mutual agreement. It is the intent of the Parties to the greatest extent possible to
avoid litigation as a method of dispute resolution.
h.Severability. If any of the provisions of this Agreement (or portions or applications thereof)
are held to be unenforceable or invalid by any court of competent jurisdiction, VTA and
RECIPIENT shall negotiate an equitable adjustment in the provisions this Agreement with a
view toward effecting the purpose of this Agreement, and the validity and enforceability of
the remaining provisions or portions or applications thereof will not be affected thereby.
i.Governing Law.The laws of the State of California will govern this Agreement, as well as any
claim that might arise between RECIPIENT and VTA, without regard to conflict of law
provisions.
j.Venue.Any lawsuit or legal action arising from this Agreement must be commenced and
prosecuted in the courts ofSanta Clara County, California. RECIPIENT agrees to submit to the
personal jurisdiction of the courts located in Santa Clara County, California for the purpose of
litigating all such claims.
Signatures of partieson following page.
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IN WITNESS WHEREOF, VTA and RECIPIENT have executed this Agreement as of the last date set forth
below (“Effective Date”).
Santa Clara Valley RECIPIENT
Transportation Authority
Nuria I. Fernandez James Lindsay
General Manager/CEO City Manager
Date Date
Approved as to Form
Megan Gristch
Staff Attorney II
Date
ATTEST:
Debbie Bretschneider
City Clerk
Date
Approved as to Form
Richard Taylor
City Attorney
Date
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ATTACHMENT A
Definition of Complete Streets
Complete Streets are generally defined as streets:
That are planned, designed, funded, constructed, operated and maintained for the safe travel of
all users.
Where designs are context sensitive and incorporate a balanced network approach.
Which prioritize the safety, comfort, and convenience of pedestrians, bicyclists, transit riders
(including access and operations), as appropriate for the local context, while still providing safe
accommodations for motorists and other roadway users.
Where capital projects, once completed, should not degrade the safety, comfort, or convenience
of pedestrians, bicyclists, or access to transit, nor should they degrade the travel time of transit
operations (recognizing that there may be situations where one of these modes may need to be
prioritized over another).
Where designs are developed with input from the community and support future conditions.
This definition was set forth in VTA Board Memo No. 6096, dated May 25, 2017, and presented at the VTA
Board meeting held June 1, 2017 (“Measure B Complete Streets Reporting Requirements”).
147
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Public Works Department
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Orchard Maintenance Service Contract –Matthew Novakovich
RECOMMENDED ACTION:
Approve a 12-month Maintenance Service Contract for maintenance of the Heritage Orchard in the
amount of $84,420 and authorize the City Manager to execute the same.
BACKGROUND:
Matthew Novakovich has been maintaining the Heritage Orchard (Orchard) for many years. He has
done a great job keeping the fruit trees healthy where they still produce annual crops of cherries,
apricots, and prunes.
It is recommended that City Council approve a 12-month maintenance services contract with
Matthew Novakovich for maintenance services as described in the Recommended Action and
authorize City Manager to execute the same.
A notable change to the current maintenance service contract is the abolishment of herbicide use for
controlling weeds. Weed eradication in the Orchard will now be performed by mechanical means.
A Request for Proposal (RFP) will be issued this summer soliciting maintenance services for the
Orchard beginning January 1st, 2020, the date this contract expires. Staff will work with the Heritage
Preservation Commission to update the scope of work that will help guide the RFP.
ATTACHMENTS:
Attachment A –Maintenance Service Contract
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City of Saratoga
Construction/Maintenance Contract for Project of $200,000 or Less
This agreement is made at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and _____Matthew Novakovich____________ (“Contractor”), who
agree that:
1. Purpose of Contract.
Construction Contract (if for more than $25,000, Contractor is required to provide bonds in
accordance with Exhibit B-1.)
X Maintenance Contract
This is a contract for: Heritage Orchard Maintenance
The purpose of the contract is more specifically described in Exhibit A attached hereto (“Scope of Work
and Payment Terms”). If designated as a Construction Contract above, the City has solicited informal
bids and selected Contractor to perform the work in accordance with Article 3 of Chapter 2, Part 3,
Division 2 (commencing with Section 22030) of the California Public Contract Code and Article 12-15 of
the City of Saratoga Municipal Code.
2. Term.
Start Date: January 1, 2019 End Date: December 31, 2019
(If Start Date is left blank, start date will be date
last signed below.)
Or upon project completion, whichever occurs
first.
3. Payment. City shall pay Contractor for work product produced and any authorized reimbursable
costs pursuant to this agreement an amount not to exceed the total sum of:
$84,420.00. If this contract is for more than one year, the maximum payment amount for each
year is set forth in Exhibit A.
This contract is a (check one):
Unit Price Contract
Lump Sum Contract
Hourly Rate Contract
X Task Based Contract
See Exhibit A- ______ incorporated by this reference for additional payment term
information.
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Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until Contractor has filed the business license numbers of all subcontractors and has received
of a fully executed notice to proceed from the Primary Representative.
4. Contract Administration. The authorized representatives of City and Contractor for Contract
administration are listed below. The City’s primary representative is the Administrator.
Contractor:
Contractor Name: Matthew Novakovich
Contact Person: Matthew Novakovich
Street Address: 14251 Fruitvale Avenue
City, State, Zip: Saratoga, CA 95070
Telephone(s): 408.741.0527
Fax:
Email Address: novakorchards@earthlink.net
Saratoga Business Lic. #: 01134
Contractors’ Lic. #:
Dept. of Industrial
Relations Reg. #:
City of Saratoga
Department: Public Works - Maintenance
Primary Representative: Kevin Meek
Street Address: 19700 Allendale Avenue
City, State, Zip: Saratoga, CA 95070
Telephone: 408.868.1247
Fax: 408.868.1278
Email Address: kmeek@saratoga.ca.us
5. Addresses for Notice. Notices or communications shall be given to the parties at the addresses
set forth in section 4 (“Contract Administration”) unless otherwise designated in a written notice to the
other party. In addition, notices to the City shall be copies to:
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James Lindsay
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Debbie Bretschneider
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
6. Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication shall be
given.
7. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B. Certificates of such insurance and copies of the insurance policies and
endorsements shall be delivered to City within ten (10) days after being notified of the award of the
contract, and before execution of this agreement by the City.
If this contract is for works of improvement and has a value of more than $25,000 it includes an Exhibit
B-1 and Contractor shall provide bonds in accordance with the requirements of that exhibit.
8. General Provisions. City and Contractor agree to and shall abide by the general provisions set
forth in Exhibit C.
9. Supplemental Provisions. If one or both boxes are checked below, this agreement includes
supplemental provisions described in connection with the checked box(es):
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply
with all rules and regulations required by such funding entity. Applicable funding entity
requirements are set forth in Exhibit D. Nothing in this paragraph or in the funding entity
requirements shall be construed to relieve Contractor of its duty to ensure that it is in compliance
with all applicable laws and regulations.
Exhibit E sets forth provisions regarding:
10. Exhibits. All exhibits referred to in this agreement are attached hereto and are by this reference
incorporated herein and made a part of this agreement.
11. Entire agreement. This agreement supersedes any and all agreements, either oral or written,
between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and
contains all of the covenants and agreements between the parties with respect to the rendering of such
services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement
shall be valid unless made in writing and signed by the parties hereto.
12. Authority to Execute agreement. Each individual executing this agreement represents that he or
she is duly authorized to sign and deliver the agreement on behalf the party indicated and that this
agreement is binding on such party in accordance with its terms. This agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
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Contractor City of Saratoga
Signature James Lindsay, City Manager
Date:
Matthew Novakovich
ATTEST:
Date: Debbie Bretschneider, City Clerk
Contract Description: Date:
Heritage Orchard Maintenance
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
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$200,000 or Less – Exhibit A
Page 1 of 3
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A – Scope of Work and Payment Terms
Contractor shall perform the work described below in strict accordance with all plans, specifications, and
other Contract Documents. The term “Contract Documents” means this agreement, all documents
attached to or otherwise made a part of this agreement, including but not limited to those identified in this
Exhibit A, all certificates of insurance and any bonds required by this agreement, and Section 9 of the
State of California, Department of Transportation Standard Specifications for Construction of Local
Streets and Roads (2015) which includes procedures for determination of payments, compensation for
extra work by force account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern except with
respect to conflicts with the proposal in which case the other Contract Documents shall govern. The
contractor shall also invoice the City in accordance with the payment terms shown below.
Summary of Scope of Work & Payment Terms:
The Scope of Work describes the tasks associated with typical orchard operations over a
twelve (12) month period. City and Contractor agree that the specific frequency and timing of
these tasks will vary, depending on specific growing conditions and Contractor will use his
expertise to manage the Heritage Orchard pursuant to this Agreement in the manner and
according to the standards observed by competent practitioner of the profession.
The Contractor will not apply pesticides subject to regulation by the State of California or
federal government in connection with this work. All pesticide work will be performed by
separate contractors retained by the City.
Contractor reserves the right to shut down access to portions of the orchard and/or to use signs
or portable fencing for irrigation operations to a maximum of two (2) days per month and
during harvesting operations between the months of May through August.
Contractor reserves the right to see that good farming practices are carried out at all times to
insure proper care and maintenance of said Heritage Orchard.
Total payment pursuant to this Agreement shall not exceed the amount specified on page 1,
providing that additional expenses may be authorized, following pre-approval by the City.
Reasonable expenses incurred by Contractor shall be reimbursed at their actual cost provided
that total payments for compensation and reimbursement in each year shall not exceed the total
specified above unless pre-approved by the City.
Contractor is required to submit invoices within 30 days of quarter end (March 31st, June
30th, September 30, December 31) based on the cost for work performed and reimbursable
expenses. City shall make payments based on such invoices, for satisfactory progress in
completion of the Scope of Work and for authorized reimbursable expenses incurred. City will
pay invoices within thirty (30) days of invoice approval.
AND/OR X See Exhibit(s) A- 5 incorporated by this reference.
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Page 2 of 3
Work to be Performed: The Work is described in the documents checked below which are incorporated
into and hereby made a part of this agreement:
Notice Inviting Bids dated _______________________
(It is important to list this as the bid notice date is used to determining the prevailing wage rates
that will apply to the work performed under the contract.)
Proposal dated _______________________
(In addition to description of work, license numbers for contractor and all subcontractors, and
not to exceed amount, for unit price contracts proposal must include unit prices.)
X Construction/Maintenance Services General Conditions included as Exhibit A-1.
X Contractor Safety Agreement included as Exhibit A-2
X City of Saratoga Department of Industrial Relations Reporting information included as Exhibit A-
3.
Plans prepared by _____________________________________,
dated _______________________.
Specifications as indicated below (check appropriate box):
Technical Specifications prepared by
____________________________________________,
dated _______________________.
Caltrans Standard Specifications for the Construction of Local Streets and Roads, 2015
Edition, English Units (1-9).
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and
fully perform and complete the work.
Contract Time: Contractor shall complete the Work no later than June 30, 2019. If the term “working
days” is used here it means any day other than a Saturday, Sunday, or day on which the City offices are
closed in observance of a state or federal holiday; a list of holidays observed by the City may be obtained
from the Primary Representative.
(Indicate specific calendar date for completion. Consider whether interim milestones are appropriate. If
circumstances make it impractical to specify a completion date, calendar or working days may be used. )
Warranty: Contractor warrants to City that all materials and equipment furnished shall be new, free
from faults and defects and of good quality and fit for the purpose intended. Contractor hereby warrants
its work against all deficiencies and defects for the following number of months or the longest period
permitted by the law of this State, whichever is more, or as otherwise provided in the Contract
Documents.
Number of Months Text: Twelve Months
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Number of Months Numeric: 12
Liquidated Damages: If Contractor fails to complete the Work within the Contract Time, the City will
sustain damage. The actual occurrence of damages and the actual amount of the damages which the City
would suffer if the Work were not completed within the Contract Time would be impracticable and
extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not
limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss
suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages
which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time
specified below:
Dollars Per Day Written:
One Hundred Dollars
Dollars Per Day Numerical:
$100.00
for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor
agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that
the City may deduct the amount thereof from any monies due or that may become due to the Contractor
under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during
the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods,
epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of
subcontractors due to such causes, provided that the Contractor shall within five (5) days from the
beginning of any such delay notify the Administrator, in writing, of the causes of delay. The
Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings thereon
shall be final and conclusive.
General and Special Conditions: Without limiting the generality of the foregoing, Contractor shall
comply with the following special conditions:
Special Conditions:
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-1 – Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1. Conduct of the Work. Contractor shall:
• Do all things necessary to faithfully perform and complete the Work in a competent
manner.
• All work shall be performed by experienced personnel directly employed and supervised
by the Contractor. The Contractor shall provide management and technical supervision
daily through competent supervisor as required.
• The Contractor shall be responsible for the skills, methods and actions of all employees.
• The Contractor shall cooperate to enable the Administrator to determine the Contractor’s
conformity with these specifications and the adequacy of the work being performed. The
Contractor shall give personal daily supervision of the work and be available for
consultation with the Administrator or an engineer or inspector designated by
Administrator.
• Submit all required samples, product data, certificates, operations and maintenance
instructions, guarantees, and other submittals no later than five (5) days after the date the
City issues a Notice to Proceed.
• Ensure all necessary permits and approvals for the Work have been obtained.
• Protect all materials to be used in the Work in accordance with the specifications.
• Protect existing facilities and personal property.
• Remove from the project site all debris resulting from performance of the Work no less
often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours'
notice to Contractor, clean up the site and deduct the cost from the Contract Price.
• Unload, hoist and otherwise handle its own materials, supplies and equipment.
• Keep itself fully informed of all applicable laws including existing and future state and
federal laws and county and municipal ordinances and regulations which in any manner
affect those engaged or employed in the work, or the materials used in the work, or which
in any way affect the conduct of work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same.
• Observe and comply with, and cause all of its agents and employees to observe and
comply with, all such applicable laws; and shall protect and indemnify the City, and all
elected officials, officers, employees, and agents thereof connected with the Work,
against any claim or liability arising from or based on the violation of any such law,
ordinance, regulation, order, or decree. If any discrepancy or inconsistency is discovered
in the plans, drawings, specifications, or contract for the work in relation to any such law,
ordinance, regulation, order or decree, Contractor shall forthwith report the same to the
Administrator in writing.
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• Set up, identify, coordinate, provide safe access, and obtain all inspections for its work,
as required by any authorized agency or applicable code, prior to covering up work.
7. Differing Site Conditions.
A. The Contractor shall promptly, and before the following conditions are disturbed, notify
the City in writing of any:
i. Material that the Contractor believes may be hazardous waste, as defined in Section
25117 of the California Health and Safety Code, that is required to be removed to a
Class I, Class II, or Class III disposal site in accordance with provisions of existing
law;
ii. Subsurface or latent physical conditions at the site differing materially from those
indicated by information about the site made available to bidders prior to the
deadline for submitting bids; or
iii. Unknown physical conditions at the site of any unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in this Contract.
B. The City shall promptly investigate the conditions, and if it finds that such conditions do
materially so differ, or do involve hazardous waste, and cause an increase or decrease in
the Contractor's cost of, or the time required for, performance of any part of the Work, it
shall issue a change order under the provisions described in the Contract Documents.
C. No claim of the Contractor under this section 6 shall be allowed unless the Contractor has
given the notice required in the Contract Documents.
D. In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or increase
in the Contractor's cost of, or time required for, performance of any part of the work,
Contractor shall not be excused from completing the Work. The Contractor shall proceed
with all work to be performed under the Contract. The Contractor shall retain any and all
rights provided either by this Contract or by law which pertain to the resolution of
disputes and protests.
8. Cooperation And Care.
A. Should construction be under way by the City, other agencies or other contractors within
or adjacent to the limits of the work specified or should work of any other nature be
under way by other forces within or adjacent to said limits, the Contractor shall cooperate
with all such other contractors or other forces to the end that any delay or hindrance to
their work will be avoided. The City reserves the right to perform other or additional
work at or near the site (including material sources) at any time, by the use of other
forces.
9. Time.
A. Time is of the essence of this agreement. Contractor shall provide City with scheduling
information in a form acceptable to City, including any changes made by City in the
scheduling of work. Contractor shall coordinate its work with that of all other
contractors, subcontractors and suppliers so as not to delay or damage their performance.
It is further agreed that in case Contractor fails to complete the Work in all parts and
requirements within the Contract Time set forth in Exhibit A, the City shall have the right
to extend the Contract Time or not, as may seem best to serve the interest of the City; and
if it decides to extend the Contract Time, City shall further have the right to charge to the
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Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all
or any part, as it may deem proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly chargeable to the
Contract, and which accrue during the period of such extension. In the event that
Contractor's work is delayed for any reason, including acts of City, Contractor's sole
remedy shall be an extension of time equal to the period of delay, provided Contractor
has given City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this agreement
after a default by reason of delays, the payment or payments shall in no respect constitute
a waiver or modification of any agreement provisions regarding time of completion and
liquidated damages.
-End of Exhibit A-1
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$200,000 or Less – Exhibit A-2
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-2 City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is
performed in accordance with the State’s environmental health and safety laws, codes and regulations. To
this end, please initial and check the following form in the appropriate boxes. Failure to do so may affect
your contract with the City of Saratoga. Please note that for the purposes of this document, you are referred
to as “Contractor.” This checklist must be updated annually or anytime changes occur. Contractor will
provide the City with any documents referenced below within 24 hours of the request.
Safety Measures 1 and 2 are required.
SAFETY MEASURE
1. A. Contractor has either a written Injury and Illness Prevention Plan compliant with 8CCR3203, OR
B. Contractor has fewer than 10 employees, but agrees all work will be performed in compliance with all
laws, codes, regulations and best standard practices to protect personnel, the environment, and property.
2. Contractor will provide the City of Saratoga a copy of their accident investigation report within 24 hours for
each accident that occurs during the performance of the contract.
Please respond YES, NO, or N/A for each item on the list. YES NO N/A
3. Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the
job.
X
4. Contractor will provide the City of Saratoga a copy of the SDS (Safety Data
Sheet) for each chemical brought onto the site.
X
5. Contractor has and can provide the City of Saratoga a copy of the Hazardous
Waste disposal plan for any hazardous wastes generated during the job. X
6. Contractor has and can provide the City of Saratoga a copy of their
Lockout/Tagout program if any work is to be done on any sources of hazardous
energy.
X
7. Contractor has and can provide the City of Saratoga a copy of their Electrical
Safety program if any electrical work is to be performed. X
8. Contractor has and can provide the City of Saratoga a copy of their Fall
Protection program if any work is to be performed that would require it. X
9. Contractor has and can provide the City of Saratoga a copy of the Confined
Space program if any confined spaces are to be entered. X
10. Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training certifications for employees if those employees occasionally work
outdoors for two or more hours/day.
X
Contractor:
____________________________________________________
(print company name) hereby certifies that the foregoing is true and correct.
Contractor Signature Above Primary Representative Acceptance Above
Print Name & Title & Date Above Print Name & Title & Date Above
-End of Exhibit A-2- 159
Contractor: Mattheyw Novakavich Project Name: Heritage Orchard Maintenance
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$200,000 or Less – Exhibit A-3
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-3 City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Contractor Name:
Contractor DIR #:
Classification(s) or type(s) of workers that will be employed by the contractor for this project:
Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers
Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Eng. Painters
Pile Drivers Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm. Surveyors Teamster
Tile Workers
Subcontractor Contractor’s License
Number:
DIR Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the contractor named in the first line above.
Signature Date:
Print Name & Title
-End of Exhibit A-3-
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-4 Workers Compensation Acknowledgement
To be completed prior to entering the contract by Contractor and each subcontractor performing any
portion of the work:
To: The City of Saratoga
From: _________________________________
(print Contractor or Subcontractor name)
I am aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-insurance
in accordance with the provisions before commencing the performance of the work of this
contract.
I certify that the statement above is correct and that I am authorized to make this statement on behalf of
the contractor named in the first line above.
Signature Date
Print Name & Title
-End of Exhibit A-4-
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Contractor: Mattheyw Novakavich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-5
Page 1 of 3
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-5 Detailed Scope of Work
1. Materials and Supplies. The Contractor, at his own cost and expense, shall furnish all necessary
equipment, supplies and materials of good quality and in the amounts necessary to fulfill these
specifications and to accomplish an acceptable and professional level of maintenance. These supplies and
materials shall include, but not be limited to:
• All necessary gas, oil and parts for all equipment.
• All necessary fertilizers and mustard seed for winter cover.
• All necessary horticultural supplies.
• All parts necessary for the repair and proper maintenance of all irrigation systems.
2. Irrigation. The Orchard is irrigated by water pumped from a well located near the center of
the property. An underground main line feeds several sectional valves. These valves are opened
manually, running irrigation water through above-ground lateral flex tubes, to micro spray sprinkler
heads which provide full coverage to the property. The Contractor will be responsible for the manual
operation of the irrigation system which shall be performed as required to maintain proper plant
growth in all areas. Watering shall be accomplished at times of the day or night to ensure the health
of all plants, such that the inconvenience to people using the area will be kept to a minimum. Any
water runoff or overflow onto roadways, sidewalks, and hard surface areas shall be kept to an
absolute minimum so as not to cause any pedestrian or vehicular hazards.
Irrigation water shall be carefully applied in qualities required by the different plant species, time of year
and other basic environmental factors. The Contractor is to conduct a system check of the irrigation
system prior to an irrigation event to ensure optimum operation and to report any repairs or concerns to
the Supervisor prior to any work being done. Any repair or replacement is to be considered an extra and
may not be done without prior approval.
The City shall pay the costs for water and power.
3. Fertilization. Fertilization of orchard to be applied at times and with product in keeping with
accepted standards of control for the variety of fruit trees in the orchard. All fertilizer must be approved
by Supervisor prior to each application. Supplemental fertilizer applications for shrub and groundcover
areas showing poor growth may be requested by Supervisor at Contractor’s expense. Fertilizer shall be
delivered to the site in the original unopened container, bearing the manufacturer’s guaranteed analysis.
Any fertilizer that becomes caked or damaged, making it unsuitable for use, will not be permitted.
Immediately following application at each site, the fertilizer shall be thoroughly watered into the soil.
The Supervisor shall be notified one week prior to the date of the application by the Contractor.
4. Weed and Pest Control. The Contractor shall be responsible for the control and elimination of
weeds affecting all plant material. Weed growth along irrigation line rows must not exceed twelve (12)
inches in height. Weed control to be carried out in accordance with the description of the work below. City
shall be responsible for retaining separate contractors to apply fungicides, herbicides and any pesticides
that City, in consultation with Contractor, determines are required for effective maintenance of the Orchard.
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-5
Page 2 of 3
The Contractor will conduct all weed and pest control in accordance with the City of Saratoga’s Integrated
Pest Management Plan (IPM), provided, however, that no pesticides regulated by the State of California or
federal government may be used in the performance of work under this agreement.
5. Pruning. Pruning, thinning, bucking and brushing to be performed in accordance with standard
practice for the fruit tree variety and on a time schedule itemized in the task calendar. All pruning debris
is to be collected from rows within fourteen (14) days and placed in a central location for transfer to yard
bins and removed from the Orchard. City is responsible for ordering and the cost of delivery and pick up
of yard bins for removal of all pruning debris from the site.
6. Vandalism And Theft. The City shall be responsible for any acts of vandalism and/or theft,
caused to areas maintained by the Contractor. The Supervisor shall be notified immediately by the
Contractor of any committed acts of vandalism and theft.
7. Replants/New Plant Material. The Contractor is responsible for the specific survival of shrubs
and trees for one year after planting date. Where sporadic replants are performed amongst established
plants, the Contractor is to administer any supplemental watering (over and above existing programmed
irrigation) by hand to specific plants. Activating an entire station to water several plants will not be
permitted. Plant material that fails within the one year period is to be replaced promptly at the
Contractor’s cost.
8. Deer Control. The Contractor is responsible for the protection of vulnerable trees from deer
damage. This may be in the form of deer repellant or temporary fencing. All materials and labor used in
the process are to be furnished by the Contractor, bearing in mind the City’s IPM Policy and must be
approved by the City before application. The Contractor reserves the right to shut down access to
portions of the orchard and/or to use signs or portable fencing for deer control and/or irrigation
operations.
9. Gopher Abatement. The Contractor is responsible for a consistent and humane gopher
trapping procedure.
10. Perimeter Maintenance. The Contractor is responsible for the aesthetic and functional appearance
of the wood chip and gravel trails and footpath edges that surround the orchard as it pertains to orchard
maintenance practices. Any damage to the trails through orchard maintenance must be repaired
within three (3) days. Edges must be redefined and kept intact at all times. Encroachment of soil through
orchard maintenance onto the asphalt pathway must be cleared that same day.
11. Harvesting. As the property is to be maintained as a working, fruit bearing orchard, the Contractor
is responsible for annual harvesting of fruit in a manner in keeping with the accepted orchard practices.
12. Liability For Damages. As part of the general liability provisions of this agreement, the
Contractor is fully responsible for any and all damage done to public or private property that results from
the Contractor’s operations. Without limiting the generality of those provisions this shall include, but not
be limited to, the repair, removal and replacement, at Contractor’s expense, of shrubs, trees, vines, turf
grass, groundcover or other landscape items that are lost or damaged due to negligence in pest and disease
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-5
Page 3 of 3
control practices; fungicide damage, or lack of proper maintenance and operations. This shall also
include any damage done to buildings and other improvements due to the Contractor’s negligence. The
Supervisor shall determine negligence. The City shall be responsible for replacing any plant material that
has died as a result of acts of vandalism and theft, or is due to the City’s own negligence.
13. Protection And Security Of Work Sites. The Contractor may be responsible for the protection
and securing of certain work sites. This may include opening and closing of said sites. The Contractor
shall obtain the necessary keys from the Supervisor for use in securing all gates and locks associated with
said sites. The Contractor may post signage to close the Orchard for any applications or procedures
deemed necessary in the interest of public safety. The City shall be notified at least 48 hours prior to any
such closure.
14. Response To Inquiries, Call And Emergency Situations. The Contractor shall be required to respond
promptly to any emergency situations reported by City staff and have the ability to be contacted at all times.
Written notification by personal delivery or certified mail shall be provided by City to Contractor a minimum of
five (5) business days prior to any and all work that is scheduled to be performed in the orchard by the City, its
contractors and/or employees. If additional orchard maintenance is required as a consequence of work performed
in the orchard by the City, its contractors and/or employees, this additional scope of work will be negotiated with
the Contractor and, if approved, will be paid to the Contractor by the City.
15. Rate Schedule. The rate schedule on the following page describes the tasks associated with typical orchard
operations over a twelve month period notwithstanding the fact that this agreement is for a six month period. City
and Contractor agree that the specific frequency and timing of these tasks will vary depending on specific
growing conditions and that Contractor will use his expertise to manage the Heritage Orchard pursuant to this
Agreement in the manner and according to the standards observed by a competent practitioner of the profession.
- Continued on Next Page –
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Contractor: Mattheyw Novakavich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-5
Page 1 of 2
WORK FREQUENCY
TIME
SCHEDULE
PRICE FOR
January
through
December
TASK
1 Irrigation 6 times annually April - Sept $7300.00
2 Pruning-
Apricots
(appx 745)
Once annually
Bucking & thinning when
necessary
Jan. - Apr
and
Aug - Dec
$8600.00
3 Pruning-Prunes
(appx 319)
Every 2 years
Young trees every year Older
trees every other year
Bucking & thinning when
necessary
Jan. - Apr
and
Aug - Dec
$2750.00
4 Pruning-
Cherries
(appx 279)
Every 2 years young trees every
year
Older trees every other
Year-bucking & thinning when
necessary
Jan.- Apr
and
Aug. - Dec.
$10,320.00
5 (Omitted)
6 (Omitted)
7 (Omitted)
8 (Omitted)
9 Deer Fencing Apr. – Oct. $7000.00
10 Gopher
Abatement Every month Jan. - Dec. $500.00
11 Mowing Twice Annually March $8250.00
12 Brushing Twice Annually Fall, Spring $9500.00
13
Disking &
Rotovating One
Way
4x /year
March,
August
$7300.00
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-5
Page 2 of 2
WORK FREQUENCY
TIME
SCHEDULE
PRICE FOR
January
through
December
14 Rolling Once Annually June $1200.00
15 Thinning When Necessary May $6000.00
16 Propping
(incl. take down) When Necessary June; pick up
in Aug $2100.00
17 Fertilizing Once Annually August $3600.00
18 Omitted
19 Gypsum
Application Every 3-4 Years October $4300.00
20 Harvesting of
Fruit Annually July, August N/A
21
Replanting Trees
Annually (average
50 trees /yr) Jan/Feb $3400.00
22 Ripping When Necessary
Light/Heavy $2300.00
23 Transport (Rental) N/A
24
Dripline
Restoration and
Ridge Levelling
for Cross
Disking
One time as
needed.
N/A
25 2 Way Cross
Disking Twice per year N/A
26 Harvesting -
Contractor
Retains Fruit
Annually
July/August
N/A
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 1 of 4
City of Saratoga Public Works/Construction Contract for Project of $200,000 or Less
Exhibit B Insurance
The insurance requirements listed below that have an “” indicated in the space before the requirement
apply to this agreement together with the general requirements for the duration of the contract, and until
the expiration of the warranty period following the final completion and acceptance by the City.
Modifications or waivers to the below requirements are shown in Exhibit E.
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request
that they provide certificates of insurance complete with copies of all required endorsements to the
Primary Representative listed in section 4 on page 1. During the term of this agreement and until the
expiration of the warranty period Contractor shall ensure that its broker(s)/agent(s) provide Primary
Representative with updated certificates of insurance reflecting continued satisfaction of the requirements
of this agreement together with updated endorsements in the event of a change in the underlying
insurance policy(ies).
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its behalf.
City has the right to require Contractor’s insurer to provide complete, certified copies of all required
insurance policies. As described in more detail below, the City, its officers, officials, employees, agents,
and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work commences.
Insurance Requirements
Commercial General/Business Liability Insurance with coverage at least as broad as indicated:
X $2,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property
damage.
$_________________ per occurrence/$______________ aggregate limits for bodily injury
and property damage.
Completed operations coverage. If this box is checked Contractor shall maintain insurance
as required by this contract to the fullest amount allowed by law and shall maintain insurance
for a minimum of five years following the completion of this project. In the event contractor
fails to obtain or maintain completed operations coverage as required by this agreement, the
City at its sole discretion may purchase the coverage required and the cost will be paid by
Contractor.
Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance.
Auto Liability Insurance with coverage as indicated:
X $1,000,000 combined single limit for bodily injury and property damage
Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care,
custody and control of the Contractor, regardless of where the vehicles are kept or driven.
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 2 of 4
X Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily
injury or disease. If Contractor is not required to maintain Workers’ Compensation Insurance
pursuant to State law, Contractor shall file a verification of that fact with Primary Representative.
Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk Insurance on a
replacement cost basis in an amount equal to the full replacement cost of the Work on a
completed value basis, including coverage for ‘soft costs’ such as design, engineering, and
construction management fees. The builder's risk insurance shall cover all risks of loss, including
but not limited to fire; lightning; windstorm; hail, explosion; riot; riot attending a strike; civil
commotion; smoke damage; damage by aircraft or vehicles; vandalism and malicious mischief;
theft; collapse; flood; and earthquake. This insurance shall name the City of Saratoga, its elected
and appointed officials, employees, agents and servants and the Contractor as insureds, and shall
include coverage including, but not limited to all damages or loss to the Work; to appurtenances;
to materials and equipment to be used on the Project while the same are in transit or stored on or
off the project site; and/or to construction plant and temporary structures. Builder’s Risk
Insurance policies shall name the City as loss payee, waive all rights of subrogation against City,
have a deductible not to exceed $5,000, and provide City the right to occupy the premises without
termination of the policy until acceptance of the Work.
All subcontractors used must comply with the above requirements except as noted below:
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Insurance Provisions. The policies are to contain, or be endorsed to contain, the following
provisions:
• The City, its officers, officials, employees, agents and volunteers (each an “additional insured”)
are to be covered as insureds with the same coverage and limits available to the named insured
regarding: liability arising out of activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned, occupied or used by the Contractor;
or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain
no special limitations on the scope of the protection afforded to the City, its officers, officials,
employees, agents or volunteers. Any available insurance proceeds broader than or in excess of
the minimum insurance coverage requirements and/or limits specified in this agreement shall be
available to the additional insured. The requirements for coverage and limits shall be (1) the
minimum coverage and limits specified in this agreement; or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the named insured;
whichever is greater. The additional insured coverage under Contractor’s policy shall be
''primary and non-contributory" and will not seek contribution from the City’s insurance or self-
insurance and shall be at least as broad as CG 20 01 04 13 and CG 20 38 04 13. This requirement
does not apply to errors and omissions insurance.
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 3 of 4
• Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officers, officials, employees or volunteers.
• The Contractor’s insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
2. Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses. The limits of insurance required in this
agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella
or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply
on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or
agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named
insured.
3. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to subrogation
which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such
insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of
subrogation, but this provision applies regardless of whether City has received a waiver of subrogation
endorsement from the insurer.
4. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and endorsements
are to be received and approved by the City before work commences. The City reserves the right to
require at any time complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications and failure to exercise this right shall not constitute
a waiver of any of City’s rights pursuant to this agreement.
5. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel
any insurance policy required by this agreement except after providing 30 days prior notice to the City. If
an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer,
Contractor shall immediately provide written notice to the City and obtain substitute insurance meeting
the requirements of this agreement. Nothing in this paragraph relieves Contractor of its obligation to
maintain all insurance required by this agreement at all times during the term of the agreement.
6. Claims Made Policies. If any of the required policies provide claims-made coverage, the
coverage shall be maintained for a period of five years after completion of the contract. Contractor may
satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage
applicable to said five-year period.
7. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less
than A: VII.
8. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the
same requirements and provisions of this agreement including the indemnity and insurance requirements
to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Contractor shall
agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is
bound to the City under this agreement. Subcontractors shall further agree to include these same
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 4 of 4
provisions with any sub-subcontractor. Contractor shall provide subcontractor with a copy of the
indemnity and insurance provisions of this agreement as a part of Contractor’s subcontract with
subcontractor. Contractor shall require all subcontractors to provide a valid certificate of insurance and
the required endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to the City.
9. Special Risks or Circumstances. City reserves the right to modify these requirements, including
limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
-End of Exhibit B-
170
Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
Rev. 01/2019 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 1 of 10
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit C General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor to
provide the work product described in Exhibit A because it lacks the qualified personnel to
provide the specified work product. Contractor is qualified to provide the required work product
and is agreeable to providing such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Contractor shall be an
independent contractor and shall not be an employee of City. Contractor shall complete
the Scope of Work hereunder in accordance with currently approved methods and
practices in Contractor's field. No relationship of employer and employee is created by
this agreement between the City and Contractor or any subcontractor or employee of
Contractor. City shall have the right to control Contractor only with respect to specifying
the results to be obtained from Contractor pursuant to this agreement. City shall not have
the right to control the means by which Contractor accomplishes services rendered
pursuant to this agreement. Any terms in this agreement referring to direction from City
shall be construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be construed as
limiting the right of Contractor to engage in Contractor's profession separate and apart
from this agreement so long as such activities do not interfere or conflict with the
performance by Contractor of the obligations set forth in this agreement. Interference or
conflict will be determined at the sole discretion of the City.
1.3 Standard of Care. Contractor shall complete the Work required pursuant to this
agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical area in
which Contractor practices its profession. All work product of whatsoever nature which
Contractor delivers to City pursuant to this agreement shall be prepared in a substantial,
first class and workmanlike manner and conform to the standards of quality normally
observed by a person practicing in Contractor’s profession.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all work
performed under this agreement shall be performed only by personnel under the
supervision of the Contractor as an employee or, if authorized by the Scope of Work, a
subcontractor. All personnel engaged in the work shall be fully qualified and shall be
authorized, licensed and certified under state and local law to perform such work if
authorization, licensing or certification is required. The Contractor shall commit adequate
resources and time to complete the project within the project schedule specified in this
agreement.
1.5 Use of City Equipment. City shall not be responsible for any damage to persons or
property as a result of the use, misuse or failure of any equipment used by Contractor, or
by any of its employees, even though such equipment be furnished, rented or loaned to
Contractor by City.
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
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$200,000 or Less – Exhibit C
Page 2 of 10
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a relevant
taxing authority, including, but not limited to the Internal Revenue Service or the State
Employment Development Division, determine that the Contractor is an employee for
purposes of collection of any employment taxes, the amounts payable under this
agreement shall be reduced by amounts equal to both the employee and employer
portions of the tax due (and offsetting any credits for amounts already paid by the
Contractor which can be applied against this liability). City shall then forward those
amounts to the relevant taxing authority. Should a relevant taxing authority determine a
liability for past services performed by the Contractor for City, upon notification of such
fact by the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor under this
agreement (again, offsetting any amounts already paid by the Contractor which can be
applied as a credit against such liability). Any determination of employment status above
shall be solely for the purposes of the particular tax in question, and for all other purposes
of this agreement, The Contractor shall not be considered an employee of City.
Notwithstanding the foregoing, should any court, arbitrator, or administrative authority
determine that the Contractor is an employee for any other purpose, then the Contractor
agrees to a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator, or
administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES. The City’s Administrator designated in section 4 on
page 2 of this agreement is authorized to receive information, interpret and define City's policies
consistent with this agreement, and communicate with Contractor concerning this agreement. All
correspondence and other communications shall be directed to or through the Administrator or
the Administrator’s designee.
2.1 In General. All notices or communication concerning a party's compliance with the
terms of this agreement shall be in writing and may be given either personally, by
certified mail, return receipt requested, or by overnight express carrier. The notice shall
be deemed to have been given and received on the date delivered in person or the date
upon which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving party. The parties shall make good faith
efforts to provide advance courtesy notice of any notices or communications hereunder
via e-mail. However, under no circumstances shall such courtesy notice satisfy the notice
requirements set forth above; nor shall lack of such courtesy notice affect the validity of
service pursuant to the notice requirement set forth above.
3. PAYMENT. The payments specified in this paragraph shall be the only payments to be made to
Contractor in connection with Contractor’s completion of the Scope of Work pursuant to this
agreement. Contractor shall submit all billings to City and City shall pay such billings in the
manner specified in this paragraph. Payment shall be made payable to Contractor and delivered
to the address specified in section 4 on page 2 of this agreement. The making of any payment by
City, or the receipt thereof by the Contractor, shall in no way lessen the liability of the Contractor
to correct or revise unsatisfactory work, even though the unsatisfactory character of such work
may not have been apparent or detected at the time such payment was made. In no event shall
City be liable for interest or late charges for any late payments.
3.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and payment
shall be as follows:
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$200,000 or Less – Exhibit C
Page 3 of 10
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work performed
in accordance with the Unit Prices in the Scope of Work prior to the
invoice date. Invoices shall contain the following information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the amount of
prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed during
the billing period.
(b) City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than thirty
five (35) days after the date the City accepts the Work.
3.2 Lump Sum. If this contract is designated as a Lump Sum Contract Contractor shall
submit a final payment application in the amount of the contract sum upon completion of
the Work and satisfaction of all conditions of the agreement. City shall make payment
within 30 days of receipt of application, less five percent retention. City shall release the
retained funds no less than thirty five (35) days after the date the City accepts the Work.
3.3 Hourly Services or Task Based Contract, invoicing and payment shall be as follows:
(a) Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work performed
in accordance with either the hourly rates or task-based rates in the Scope
of Work prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(b) A summary containing the total contract amount, the amount of prior
billings, the total due this period, percentage of work completed, the
remaining balance available for all remaining billing periods, and a brief
description of work completed during the billing period.
3.4 Additional Payment Terms.
(a) Pursuant to California Public Contract Code Section 22300, for monies
earned by the Contractor and withheld by the City to ensure the
performance of the Contract, the Contractor may, at its option, choose to
substitute securities meeting the requirements of California Public
Contract Code Section 22300.
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$200,000 or Less – Exhibit C
Page 4 of 10
(b) Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form satisfactory
to City, prior to receipt of any payment. Contractor shall submit
Conditional and Unconditional waivers and release of lien (as provided
in Civil Code Sections 8132 through 8138) on behalf of itself and
suppliers that furnished labor, material, equipment or services to the
Project.
(c) Attention is directed to Section 9 of the State of California, Department
of Transportation Standard Specifications for Construction of Local
Streets and Roads (2015) which includes procedures for determination of
payments, compensation for extra work by force account, partial
payments, and final payments. These provisions are Contract
Documents incorporated into this agreement.
(d) Charges from Contractor to City will not be honored or paid by City
unless the charges are authorized and approved by City at the time the
work is being performed.
4. PREVAILING WAGE.
4.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor
Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not
less than the prevailing rates of wage as determined by the California Department of
Industrial Relations (“DIR”) to all workers employed in performance of the Work.
Pursuant to the provisions of Section 1770 of the California Labor Code, the City has
obtained the general prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes in the vicinity of the Work, a copy of
which is on file in the office of the City, and shall be made available for viewing to any
interested party upon request. Full compensation for conforming to the requirements of
this section 4 shall be deemed included in the prices paid for the various contract items of
work, and no separate payment will be made therefor. In accordance with Section 1815 of
the California Labor Code, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ times the basic rate of pay for work performed in excess of
specified hour limitations.
4.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal,
subject to the requirements of section 4104 of the California Labor Code, and shall not
engage in the performance of any work under this contract, unless currently registered
and qualified to perform public work pursuant to section 1725.5 of the California Labor
Code. Contractor represents and warrants that it is, registered and qualified to perform
public work pursuant to Section 1725.5 of the California Labor Code unless otherwise
noted in supplemental provisions hereto. Contractor shall not enter into a subcontract
without proof that the subcontractor is registered with DIR and qualified to perform
public work pursuant to Section 1725.5 of the California Labor Code. Contractor shall
provide DIR registration numbers to the City for all subcontractors pursuant to Section
1725.5.
4.3 Contractor shall post at the job site the determination of the director of the prevailing rate
of per diem wages together with all job site notices that are required by regulations of the
DIR.
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
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$200,000 or Less – Exhibit C
Page 5 of 10
4.4 This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations. Contractor and any subcontractors shall keep accurate payroll
records, in accordance with Section 1776 of the California Labor Code, showing the
name, address, social security number, work classification, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by Contractor or
subcontractor in connection with the Work and shall furnish the records specified in
California Labor Code section 1776 directly to the Labor Commissioner at least monthly
in a format prescribed by the Labor Commissioner and otherwise in accordance with law.
5. LABOR
5.1 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five dollars
($25) for each worker employed in the execution of the contract by the respective
contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one
calendar week in violation of the provisions of this article.
5.2 Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the
California Labor Code concerning the employment of apprentices by the Contractor or
any subcontractor. It shall be the responsibility of the Contractor to effectuate
compliance on the part of itself and any subcontractors with the requirements of said
sections in the employment of apprentices. Information relative to apprenticeship
standards, wage schedules, and other requirements may be obtained from the Director of
Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco,
California, or from the Division of Apprenticeship Standards and its branch offices.
5.3 Pursuant to the requirements of Division 4 of the California Labor Code, the Contractor
will be required to secure the payment of worker’s compensation to its employees in
accordance with the provisions of Section 3700 of the California Labor Code. Prior to
commencement of work, the Contractor shall sign and file with the Administrator a
certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker’s compensation or to undertake self-
insurance in accordance with the provisions before commencing the performance of the
work of this contract."
5.4 Contractor’s attention is directed to provisions in Sections 1775 and 1813 of the
California Labor Code. In accordance with Section 1775 of the California Labor Code,
Contractor and its subcontractors may be subject to penalties for Contractor’s and
subcontractors’ failure to pay prevailing wage rates. In accordance with Section 1813 of
the California Labor Code, Contractor or subcontractors may be subject to penalties for
Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by
workers employed on this project in excess of specified hour limitations.
5.5 In connection with the performance of the Work under this contract, Contractor will not
because of the race, religious creed, color, national origin, ancestry, physical disability,
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Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
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$200,000 or Less – Exhibit C
Page 6 of 10
mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status
of any person, to refuse to hire or employ the person or to refuse to select the person for a
training program leading to employment, or to bar or to discharge the person from
employment or from a training program leading to employment, or to discriminate
against the person in compensation or in terms, conditions, or privileges of employment,
unless based upon a bona fide occupational qualification or applicable security
regulations established by the United States or the State of California, or as otherwise
provided in section 12940 of the Government Code. As provided in Labor Code section
1735, a violation of this provision is subject to all penalties imposed for a violation of
Division, 2, Part 7, Chapter 1 of the Labor Code including the monetary penalties
provided in Labor Code section 1775.
6. LICENSE REQUIREMENT. Contractor’s attention is directed to California Business and
Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time
Contractor submits its bid to the City and all times Contractor is performing the Work, Contractor
shall have a valid license issued by the Contractors State License Board in the classification
stated in the Special Provisions. Contractor and all subcontractors shall be licensed in accordance
with the laws of this State and any contractor or subcontractor not so licensed is subject to
penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED
BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH HAS JURISDICTION
TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAINT
REGARDING A PATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS
OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A
LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST
BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO
THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
7. CONTRACTOR NOT AGENT. Except as City may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Contractor shall have no authority, express or implied, pursuant to this agreement to bind City to
any obligation whatsoever.
8. BENEFITS AND TAXES. Contractor shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, including, but not
limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify
and hold City harmless from any and all liability that City may incur because of Contractor's
failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes
on behalf of Contractor.
9. ASSIGNMENT AND SUBCONTRACTING.
9.1 Contractor shall conform to the requirements of Section 4100 through 4113 of the
California Public Contract Code, the Subletting and Subcontracting Fair Practices Act. 176
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$200,000 or Less – Exhibit C
Page 7 of 10
9.2 Contractor shall give personal attention to the performance of the Contract and shall keep
the Work under its control.
9.3 For the purposes of administering this agreement no subcontractors will be recognized by
the City as such, and all persons engaged in the work of construction will be considered
by the City as employees of the Contractor, who will be held responsible for their work
which shall be subject to the provisions of the Contract and specifications.
9.4 No subcontractor who is ineligible to bid work on, or be awarded, a public works project
under California Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or
perform work as a subcontractor on the Project. The Contractor is prohibited from
performing work on the Project with a subcontractor who is ineligible to perform work on
a public works project under these sections of the California Labor Code.
9.5 When a portion of the work which has been subcontracted by the Contractor is not being
prosecuted in a manner satisfactory to the City, the subcontractor shall be removed
immediately on the request of the City and shall not again be employed on the work.
9.6 Contractor may not assign performance of the Contract except upon written consent of
the City.
9.7 Contractor shall require all subcontractors to comply with the terms of this Contract.
10. TERMINATION.
10.1 Should Contractor fail within five (5) working days from receipt of City's written notice
to correct any contractual deficiencies, including but not limited to failure to perform the
Work in accordance with the Contract Documents, failure to comply with the directions
of City, or failure to pay its creditors, City may terminate this agreement for default.
Following a termination for default, City shall have the right to take whatever steps it
deems necessary to correct and complete the work and charge the cost thereof to
Contractor, who shall be liable for the full cost of City's corrective action, including
reasonable overhead, administrative costs, and attorneys' fees.
10.2 City may at any time terminate the Contract at City's convenience upon five days written
notice to Contractor; in the event of termination for convenience, Contractor shall recover
only the amount due under the contract for Work completed to the date of termination in
accordance with the Contract Documents, less amounts paid to date. Contractor shall not
be entitled to any claim or lien against City for any additional compensation or damages
in the event of such termination.
10.3 If City terminates Contractor for cause, and if it is later determined that the termination
was wrongful, such default termination shall automatically be converted to and treated as
a termination for convenience. In such event, Contractor shall be entitled to receive only
the amounts payable under this section, and Contractor specifically waives any claim for
any other amounts or damages, including, but not limited to, any claim for consequential
damages or lost profits.
10.4 Failure by City to seek any remedy for any default hereunder shall not constitute a waiver
of any other rights hereunder or any right to seek any remedy for any subsequent default.
177
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Page 8 of 10
11. CONFLICT OF INTEREST
11.1 In General. Contractor represents and warrants that it presently has no interest, and will
not acquire any direct or indirect interest, that would conflict with its performance of this
agreement. Contractor shall not employ or subcontract with a person having such an
interest in the performance of this agreement.
11.2 Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict
of interest on the part of Contractor is discovered after award, the Contractor will make a
full disclosure in writing to the City. This disclosure shall include a description of
actions, which the Contractor has taken or proposes to take, after consultation with the
City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the
Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the
conflict of interest to the satisfaction of the City.
11.3 Interests of City Officers and Staff. No officer, member or employee of City and no
member of the City Council shall have any pecuniary interest, direct or indirect, in this
agreement or the proceeds thereof. Neither Contractor nor any member of any
Contractor’s family shall serve on any City board or committee or hold any such position
which either by rule, practice or action nominates, recommends, or supervises
Contractor's performance of the Scope of Work or authorizes funding to Contractor.
12. HOLD HARMLESS AND INDEMNIFICATION
12.1 The City of Saratoga and all officers, employees, and agents thereof connected with the
Work, shall not be answerable or accountable in any manner for any loss or damage that
may happen to the Work or any part thereof; for any loss or damage to any of the
materials or other things used or employed in performing the Work; for injury to or death
of any person; or for damage to property from any cause except losses due to sole or
active negligence of the City's officers or employees.
12.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from all
liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury to or
death sustained by any person (including Contractor's employees and subcontractors), or
damage to property of any kind, or any other injury or damage whatsoever, which injury,
death or damage arises out of or is in any way connected with the performance of the
Work, regardless of the Contractor’s fault or negligence, including any of the same
resulting from City’s alleged or actual negligent act or omission, or its agents, contractors
or employees; except that said indemnity shall not be applicable to injury, death or
damage to property arising from the sole or active negligence or willful misconduct of
City, its constituent entities, its and their officers, agents, or servants who are directly
responsible to City. This indemnification shall extend to claims asserted after
termination of this Contract for whatever reason. In instances where the City’s active
negligence accounts for only a percentage of the liability involved, the obligation of
Contractor will be for that entire portion of the percentage of liability not attributable to
the active negligence of the City.
12.3 Contractor shall be obligated to immediately defend, with counsel approved by the City,
any suit or action brought against the City, its elected and appointed officials, employees
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$200,000 or Less – Exhibit C
Page 9 of 10
and agents, founded upon any claim of injury to or death sustained by any person
(including Contractor’s employees and subcontractors), or damage to property of any
kind, or any other injury or damage whatsoever, which injury, death or damage arises out
of or is in any way connected with the performance of the Work, whether or not liability
is established. This indemnification and duty to defend shall extend to claims asserted
after termination of this Contract for whatever reason.
12.4 In addition to any remedy authorized by law, as much of the money due the Contractor
under and by virtue of the contract as shall be considered necessary by the City, may be
retained by the City until disposition has been made of such suits or claims for damage.
12.5 The City and Contractor shall timely notify each other of the receipt of any third-party
claim relating to the Contract.
13. CLAIMS. If any dispute shall arise between City and Contractor regarding performance of the
work, or any alleged change in the work, Contractor shall timely perform the disputed work and
shall give written notice of a claim for additional compensation for the work to City within ten
(10) days after commencement of the disputed work. Contractor's failure to give written notice
within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra
compensation for the disputed work. Disputes arising under this agreement shall be resolved in
accordance with the procedures set forth in Section 20104.50 of the California Public Contract
Code.
14. RECORDS AND AUDITS.
14.1 Contractor and its subcontractors shall establish and maintain records pertaining to this
contract. Contractor’s and subcontractors’ accounting systems shall conform to generally
accepted accounting principles, and all records shall provide a breakdown of total costs
charged under this contract, including properly executed payrolls, time records, invoices
and vouchers.
14.2 Contractor shall permit City and its authorized representatives to inspect and examine
Contractor’s books, records, accounts, and any and all data relevant to this Contract at
any reasonable time for the purpose of auditing and verifying statements, invoices, or
bills submitted by Contractor pursuant to this contract and shall provide such assistance
as may be reasonably required in the course of such inspection. City further reserves the
right to examine and re-examine said books, records, accounts, and data during the three
(3) year period following the termination of this Contract; and Contractor shall in no
event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any
manner whatever for three (3) years after the termination of this Contract.
14.3 Pursuant to California Government Code Section 8546.7, the parties to this Contract shall
be subject to the examination and audit of representative of the Auditor General of the
State of California for a period of three (3) years after final payment under the contract.
The examination and audit shall be confined to those matters connected with the
performance of this contract including, but not limited to, the cost of administering the
contract
15. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the Work.
179
Contractor: Matthew Novakovich Project Name: Heritage Orchard Maintenance
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$200,000 or Less – Exhibit C
Page 10 of 10
Contractor shall submit with each payment request waivers of lien from each major supplier
and/or subcontractor. that meet the requirements of Civil Code Sections 8132 through 8138.
16. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. Contractor shall
prepare and submit all reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper. Documents shall be printed on both
sides of the page and City shall be provided with electronic copies of documents (in Word or .pdf
format) except where unusual circumstances make it infeasible to do so.
17. ANTITRUST. By entering this contract, Contractor conveys, sells, assigns, and transfers to the
City all rights, titles, and interest and all causes of action it may now have or hereafter acquire
under the antitrust laws of the United States and the State of California arising from purchase of
goods, services, or materials pursuant to this contract or any subcontract.
18. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or
claim arising under this agreement. If the parties fail to resolve such disputes or claims, they shall
submit them to non-binding mediation in California at shared expense of the parties for at least 8
hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by
all parties, or litigation may be pursued. In the event any dispute resolution processes are
involved, each party shall bear its own costs and attorneys’ fees.
19. JURISDICTION. This agreement shall be administered and interpreted under the laws of the
State of California. Jurisdiction of litigation arising from this agreement shall be in that state and
venue shall be in Santa Clara County, California.
20. SEVERABILITY. If any part of this agreement is found to conflict with applicable laws, such
part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of
this agreement shall be in full force and effect.
21. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product provided
by Contractor under this agreement be supplemented or continued by Contractor under a new
agreement following expiration or termination of this agreement. Contractor waives all rights or
claims to notice or hearing respecting any failure by City to continue to request or retain all or
any portion of the work product from Contractor following the expiration or termination of this
agreement.
22. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any rights or
remedies upon any person or entity other than the parties. .
23. WAIVER. Neither the acceptance of work or payment for work pursuant to this agreement shall
constitute a waiver of any rights or obligations arising under this agreement. The failure by the
City to enforce any of Contractor’s obligations or to exercise City's rights shall in no event be
deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
1089096.3
180
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Finance & Administrative Services Department
PREPARED BY:Gina Scott, Accounting Technician
SUBJECT:Allocation of Community Event Grant Program Funds
RECOMMENDED ACTION:
Review Community Event Grant Program applications and additional secured funding requests for
Fiscal Year 2019/20 and determine allocations.
BACKGROUND:
The City Council has considered community event grant funding requests through a formal
application process since Fiscal Year (FY)2013/14. Events must meet two basic requirements to be
considered for event grant funding:
1)Events must be held in Saratoga.
2)Events must be open to the public.
The City Council may also consider the following criteria to help determine grant allocations:
Saratoga-based non-profit organizations holding events in Saratoga
Non-profit organizations holding events in Saratoga
Organizations that have previously held events in Saratoga
Organizations that have not previously held events in Saratoga
The annual application process is conducted during the first part of each year in accordance with
Council direction. At the September 5, 2018 City Council Meeting, the Council decided to no longer
accept off-cycle grant applications at other times throughout the year. Previous applicants were
notified of this change and the application timeline.
At the December 19, 2018 City Council meeting, Council allocated $41,400 to the program for FY
2019/20 with $31,000 secured for eight traditional events/organizations. These organizations were
exempt from the regular application process. The allocations for secured funding recipients are
below:
Traditional Event/Organization Secured Funding Allocation
Blossom Festival $ 5,000
Chamber of Commerce Events $ 8,000 181
Fourth of July Celebration $ 2,500
Hakone Matsuri $ 5,000
Memorial Day Observance $ 1,000
Saratoga Area Senior Coordinating Council Health Fair $ 5,000
Saratoga Community Band Events $ 1,000
Saratoga Village Development Council Events $ 3,500
Total $ 31,000
After securing $31,000 for traditional events out of the total $41,400 allocated to the program for FY
2019/20, there is $10,400 remaining. The City received 13 applications amounting to $27,530 in
Community Event Grant Program funding requests. Attachment A includes a detailed summary of
the applications received and the secured funding grants confirmed at the December 19, 2018 City
Council meeting. Attachment B lists an application and funding comparison for FY 2018/19 and FY
2019/20, and the applications received are included in full as Attachment C.
Proposed Changes for FY 2019/20
The Chamber of Commerce has requested their annual secured funding allocation be increased from
$8,000 to $17,000. This $9,000 increase includes $4,000 to account for rising event costs for the
Chamber’s existing annual events, $2,500 for the annual Saratoga Shines Gala, and $2,500 for an
expanded Bollywood event the Chamber will now host. The Saratoga Village Development Council
requested their secured funding allocation be decreased by $1,500 (Attachment D) as they will no
longer be organizing the Bollywood event.
Additionally, the Chamber requested a one-time grant of $11,000 in FY 2019/20 to celebrate the
special 10th Anniversary Classic Car Show with additional activities and advertising. The Chamber
has provided a summary and further details for these additional Chamber funding requests in
Attachment E.
All applicants have been encouraged to attend the March 20, 2019 City Council meeting to answer
questions regarding their applications.
Beginning in FY 2020/21, staff is recommending that Council set a not-to-exceed allocation limit of
$2,000 per event. Setting a limit gives prospective applicants a guide to help them determine funding
requests and allows more applicants to receive community grant funding.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The City released the application on January 16, 2019. Information about the program, including the
application, was emailed to past Community Event Grant Program applicants, posted on the City’s
website and social media, and shared in the City’s monthly newsletter, the Saratoga Source.
ATTACHMENTS:
Attachment A: Summary of Community Event Grant Applications and Secured Funding
Attachment B: Application and Funding Comparison for Previous Year and FY 2019/20
Attachment C: Community Event Grant Applications
Attachment D: Saratoga Village Development Council Secured Funding Decrease Request
Attachment E: Chamber of Commerce Secured Funding Increase Request
182
Attachment A: Summary of Community Event Grant Applications and Secured Funding
Secured Funding
Community Event Grant Amount Request FY 2019/20 Funding
Blossom Festival $5,000 $41,400 Allocated
Chamber of Commerce Events $8,000 $9,000 $31,000 Secured Funding
Fourth of July Celebration $2,500 $10,400 Available for Applications
Hakone Matsuri $5,000
Memorial Day Observance $1,000
Saratoga Community Band Events $1,000
SASCC Health Fair $5,000
SVDC Events $3,500 -$1,500
Total $31,000 $7,500
Applications Received
Community Event Request Event Date Attendance Location Organization
t Celebrating Differences 1,000$ Late September 2019 300 Joan Pisani Community Center Saratoga Leo Club
t Day of Social Action & Helping Others 2,500$ January 26, 2020 250-300 Congregation Beth David Congregation Beth David
t Girl Scouts Crafts at Blossom Festival 500$ TBD 1000 Heritage Orchard & Civic Center Girl Scout Service Unit 618
t Montalvo Event-Annual Summer Arts Festival 5,000$ July 19, 2019 1500 Montalvo Arts Center Montalvo Arts Center
t Mosaic Saratoga 3,000$ September 12 & 13, 2019 900 Saratoga High School McAfee Auditorium Sangam Arts
t Muslim Cultural Day 5,130$ March 21 or 22, 2020 200-250 Saratoga Prospect Center West Valley Muslim Association
t Saratoga IOOF Easter Egg Hunt 1,500$ April 11, 2020 400 Wildwood Park Saratoga Odd Fellows Lodge
t Saratoga Oak Street School Alumni Reunion 500$ July 27, 2019 50-60 Wildwood Park Oak Street School Reunion Committee
Fall Saratoga Symphony Concert 1,000$ October 12 & 13, 2019 300 Saratoga High School McAfee Auditorium Saratoga Symphony/Social Good Fund
Winter Saratoga Symphony Concert 1,000$ January 15 & 16, 2020 300 Saratoga High School McAfee Auditorium Saratoga Symphony/Social Good Fund
Spring Saratoga Symphony Concert 1,000$ March 21 & 22, 2020 300 Saratoga High School McAfee Auditorium Saratoga Symphony/Social Good Fund
t South Bay Musical Theatre 2,400$ November 9, 2019 100 Friendship Hall South Bay Musical Theatre
Tech-Art Green Sustainable Fair 3,000$ August or October 2019 200-450 TBD Silicon Valley Technology
Total 27,530$
t Saratoga-Based Non-Profit
183
Attachment B: Application and Funding Comparison for Previous Year and FY 2019/20
Request Allocation
California Holocaust Action and Awareness Interactive Museum 1,000$ 1,800$ -$
Celebrating Differences 1,000$ 500$ 1,000$
Day of Social Action & Helping Others-Congregation Beth David (Previously Shushan Fair)2,000$ 2,000$ 2,500$
Girl Scouts Crafts at Blossom Festival 750$ 312$ 500$
Montalvo Event-Annual Summer Arts Festival 3,250$ 1,352$ 5,000$
Mosaic Saratoga 5,000$ 2,080$ 3,000$
Muslim Cultural Day -$ -$ 5,130$
Opera in the Park 3,500$ 1,456$ -$
Saratoga IOOF Easter Egg Hunt 1,000$ 500$ 1,500$
Saratoga Oak Street School Alumni Reunion 1,000$ -$ 500$
Fall Saratoga Symphony Concert 2,261$ 100$ 1,000$
Winter Saratoga Symphony Concert 2,261$ 100$ 1,000$
Spring Saratoga Symphony Concert 2,261$ 100$ 1,000$
St. Nicholas Orthodox Church Russian and International Festival 1,200$ 100$ -$
South Bay Musical Theatre -$ -$ 2,400$
Tech-Art Green Sustainable Fair -$ -$ 3,000$
Total 26,483$ 10,400$ 27,530$
Previous Year and FY 2019/20
Community Events
FY 2019/20
Request
Previous Year
184
Attachment C
185
Attachment C
186
Attachment C
187
City of Saratoga Community Event Grant Program
Application
--- -----Event Name: Day ofSocial Action and Helping 01:hers----Event Date: January 26, 2020 Event Hours: 9:30am _1 :30pm Event'Location: .congregatfom ;Beth David- ----.·- -··- ----Is This Event Open to the Public?
Grant-Request: $2 tSOO �00
Yes [l] No D
I Contact Name: Sarah HanukaI Phone: Email:
f <>rganizatlon'Name: Congregation Beth Davi(:t in �aratogaf Is This a Non-Profit Organization? Yes [l]
l Organizati on/Non-Profit Address: 19700 Pro spect Road, Saratog a[ Has This Organization Previously '.Coordinated Eventsin S�atoga? ��·�� -�-�
Event·oescription:
Yes [l]
No D
No D
A day of learning and doing good deeds for our entire community (see attached for more info)
Estimated Attendance: 2S0-300 people One Time Event D Annual Event [l]
Funding Amount Received from City in Past: $2,200 (in 2019) & $2,500 (in 2018) for different community projects· Other Funding Sources:
Include source & amount Small amount from synagogue budget and anticipated donations
Event Promotion Plan:
Advertising & marketing All . f d" ( · 1 d" ·1 ·t I d t ) means o me ,a sources newspapers, soc1a me 1a, ema, , communi y ca en ars, e c
Prior Event Organizing Experience:
, Describe the experience of the event coordinator and the organization requesting funds.
I Last year we organized a Jewish holiday event for the community (see attached for more info)
i BuildingCommunity: ----�-�---�,
! How will your event build a sense of community?i !'We will invite our neighbors of all faiths to learn aAd participate.
Attachment C
188
Attachment C
189
Attachment C
190
Attachment C
191
City of Saratoga Community Event Grant Program
Application
Event Name: c A. l _ 1 ,. ,, .. n The ;6\,v'M,9�tt. r1 vu5S0W1 �+i'v£U.. J-,DJ-0Event Date: .1 B D Event Hours: / O tv'� +o Lf f NlEvent location: 5tilvwrv· ().. !ft.ti� O r �cvd � U VIL, � �Is This Event Open to the Pullie? Yes (21" ·No DGrant Request: j 50 O Total Event Cost: 1BD
Contact Name: Phone: F[ 11 nl. .}to ffyn WV\Email: Organization Name: .
G i\r \ Svo vh ) �V1'c..l. lJ V) 1 \-b [ g [ 5 � 3 CL )Yes (!r" No D Is This a Non-Profit Organization? Organization/Non-Profit Address: , 5�Jtt-, CA q5091?Has This Organization Previously Coordinated Events in Saratoga? Yes G;r' No D
EventDescription : 1 fL-5� bf15h,n'ut_Q ro Q.:'t10YI +l"-i-Ov-9 o.,AI\I u,e,l � '1 ,v�' ,t.\.., . .' _ . _ . '
�11JYU'n O \..t, �vti fu I CA7v[ _s � n wt-h,,v-� MA s h>� ,
Estimated Attendance: l, oo o CwlcVlPM One Time Event D Annual Event � FundingAmountR eceived fromCityinPast: f41,o -for 2-0l� {,lc,ssoM i=esti·�, .Jt 3\2 ·tt,r 2l)\l). . . . ) Other Funding Sources: . . � .
Include source & amount d, V V\ lil,fl' 0 V\ S ·-Fro \IV'\ C\ I •{ \ s l O v f-fR (Y\-1 l I CS.
C -c$+-i .'V\,,A--e � so tu it I so ) Event Promotion Plan:
Advertising & marketing �oUue b� Sa.,��Q ths-h>n\cJ fc\4ld01trn.
Attachment C
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Attachment C
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Attachment C
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City of Saratoga Community Event Grant Program
Application
SUMMARY OF EVENT
Event Name: Annual Summer Arts Festival
Event Date: 0711912019 Event Hours: 6.00 _ 1 O·OO . p.m. . p.m.
Event Location: Montalvo Arts Center, 15400 Montalvo Rd, Saratoga, CA
Is This Event Open to the Public?
Grant Request: $5,000
CONTACT FOR GRANT APPLICATION
Contact Name: Theo Olson
Phone: I t·t t· I G"ft M ns , u 1ona , s anager
Organization Name: Montalvo Arts Center
Is This a Non-Profit Organization?
Yes v No
Total Event Cost: $43,000
Email:
Yes v No
Organization/Non-Profit Address: 15400 Montalvo Rd, Saratoga, CA
Has This Organization Previously
Coordinated Events in Saratoga?
ABOUT THE. EVENT
Event Description: Please see attachment
Estimated Attendance: 3 OOO '
Yes v No
One Time Event D Annual Event 0
Funding Amount Received from City in Past: $1,352 (2018); $2,280 (2017); $3,704 (2016); $2,000 (2015); $3,000 (2014)
Other Funding Sources:
Include source & amount
Est. $3,500 in concessions and parking fees. We are also seeking donations and in-kind gifts from individuals
and businesses.
Event Promotion Plan:
Advertising & marketing
The event will be publicized thro ugh our website, targeted emails, weekly newsletters, blog, social
media platforms, media partners, and other event listing sites.
Prior Event Organizing Experience:
Describe the experience of the event coordinator and the organization requesting funds.
Montalvo produces over 200 events for the public annually, including arts education offerings, classical and
popular music concerts, visual arts exhibitions, public arts festivals, fundraising galas, and other community
outreach programs.
Attachment C
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Attachment C
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City of Saratoga
2019 Community Event Grant Program Application
Annual Summer Arts Festival – 2019 Event Budget
Event Expenses
Artists/Performers/Presenters $16,000*
Art Supplies and Materials $ 4,000
Audio Production and Equipment Rental $ 4,000
Parking Attendants $ 1,200*
Marketing and PR $ 2,500
Printing, programs and signage $ 1,500
Photography/Videography $ 1,500
Wine & Beer Permit $ 250
Emergency Medical Technician $ 1,500*
Portable Restrooms $ 500*
West Valley Parking Permit $ 400*
Shuttles from West Valley $ 2,400*
Concessions $ 1,250
Hospitality for Volunteers and Staff $ 1,000
Day of event staff $ 5,000
TOTAL $43,000
A City of Saratoga Community Event Grant will help o ffset costs of items that will contribute
to the safety and comfort of the public during the event. This includes fees for an Emergency
Medical Technician to be on site for the duration of the evening; portable restrooms to ensure
adequate facilities for the expected crowd; and parking attendants to help maximize our
limited parking spaces and direct traffic flow in areas where cars and pedestrians will be
moving through.
The remainder of grant funds will be allocated to supporting the artists, performers, and
presenters that will be performing and leading the hands-on activities with the public.
Attachment C
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City of Saratoga
2019 Community Event Grant Program Application Attachment
On July 19, 2019 from 6-10 p.m., Montalvo will invite the community to its historic property for the
Annual Summer Arts Festival, Art on the Grounds. This year, we are thrilled to celebrate the premiere
of our 2019 Art on the Grounds exhibition, Threads, featuring 3 newly commissioned textile works that
focus on the common threads of our shared communities. Through stitching, weaving, patching, and
mending, as metaphor, Montalvo will provide platforms to explore a deeper cross cultural
understanding and healing of our divisions. The new works will be presented along with an evening of
performances by resident fellows in partnership with Sangam Arts’ Mosaic project. Together these
artists will create a beautiful, cultural tapestry throughout the historic grounds that visitors will be
invited to participate in and contribute to.
Community outreach and accessibility is a priority for Montalvo and admission to our annual summe r
arts festival is free. We expect to welcome an estimated 3,000 community members of all ages for a
vibrant evening filled with astonishing arts, live music, performance, dancing, poetry, hands-on art
making activities, gourmet food trucks and more. The opening celebrations feature various
opportunities for interactive engagement by visitors including:
A Crochet Jam, hosted by Ramekon O’Arwisters, a public, art-making event that's embracing
and inclusive, with no attempt made to dictate the creative process nor judge the finished
project. This hands on workshop is meditative, liberating, and empowering. It engages the
public to think differently about the role of art within community and the power of art within
society.
Live performances by local cultural organizations, curated through partnership with Sangam
Arts’ innovative Mosaic Program, will invite local performing groups from diverse cultural
backgrounds to come together, collaborate and co-create world-class multicultural music and
dance performances to engage festival audiences and encourage participation. These
performances will share a goal to help us see our common humanity while allowing us to
celebrate the traits that make us unique.
Readings and live performances from Lucas Artists Fellows including: Jane Rigler (Colorado),
Johannes Bergmark (Sweden), Yona Harvey (Pennsylvania), Joe Jimenez (Texas), Ibrahim Nehme
(Beruit), and Jason Lazarus (Florida).
Attachment C
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Threads featured commissions will include works by: Yasmin Jahan Nupur (Bangladesh);
RoCoCo Projects (San Francisco); Sudnya Shroff (Los Altos); Ramekon O’Arwister s (Oakland); a
participatory community weaving project to continue with park visitors through the summer by
Travis Meinolf (Berlin/California); and a September addition of Mingwei Lee’s (Taiwan/France)
Mending Project.
Photos from prior year summer arts festivals
This annual celebration of the Sally and Don Lucas Artists Residency Program offers international
emerging and established artists the unique opportunity to create works in non -traditional settings
across our expansive property that includes formal gardens, forested areas, trails, and the historic Villa.
Montalvo is the only arts center in California tha t provides artists with the opportunity to produce
experimental works in an outdoor public park setting, and one of only a few such institutions nationally
and worldwide.
Attachment C
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City of Saratoga Community Event Grant Program
Application
Event Nam e: Mosaic Saratoga 2019
Event Date: Se pt 12, 13, 2019 Event Hours: 7:00 _ 8:30 PM
Event Location: McAfee Auditori um, Saratoga High School
Is This Event Open to the Public?
Grant Request: $3,000
Yes 0
Total Event Cost: $11,500
No D
Contact Name: Usha Srinivasan
Phone: Email:
Organiz ation Nam e: Sanga m Arts
Is This a Non-Profit Organization?
Organization/Non-Profit Address:
Has This Organization Previously
Coordinated Events in Saratoga?
.... •\'; .. -, , �;.,.ft,; ... :1 � ... \ ·" -�" 1 Q.fJ!Jfft.l,l;�tfl}?;, ·"'
Yes 0
Yes 0
Event Description: Please see attached document for details
Estimated Attendance: 900 One Time Event D
Funding Amount Received from City in Past: $2,016 in 2018
Other Funding Sources : Sponsors -$2,500 and Ticket sales -$6,000 Include source & amount
Event Promotion Plan: Please see attached document for details Advertising & marketing
Prior Event Organizing Experience:
Describe the experience of the event coordinator and the organization requesting funds.
Please see attached document
Building Community:
How will your event build a sense of community?
Please see attached document
No D
No D
•I;;/
Annual Event 0
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Attachment C
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Attachment C
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Attachment C
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Attachment C
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City of Saratoga Community Event G
Application
, Ev ent Date: O:] /2.2 / 2020 � DJ{2.,J 2.oz.O Ev ent Hours: / 2 f/V\ _ 1PM! Event Location: f,A�ATo C.-A '�OS. f (:CT C6NTtf2-'' ' ' ' ' ' ' ' ' �--��---� ·--------�-------�- -�---·---�----�--�---�-------�·---,��--�----��-�-�----·-·-···--......... ·---,�---·----·�-���-�--- ··--------�J----·---·:: Is This Event Op en t o the Public? Yes fi2I' No D
I Grant Requ est: __ $ ?"90_.___________ --�_ ., __ -----�ot�-E�e��-���:-.!������-.. -----------· -·-·-·-'.
: Phon e : _ · · ·· ·· ·· · Email: ·· · I
l Organization Name: WEST \}ALL6Y Mi.ASL1M fiS9XiATtV"1
. . ..
! ·j; This a Non-Profit Organizatio n?· Yes lJa" ·No D --------i
o-,D---·---U-----�, ........ -.,.,-,,• __ ..._, __ ...,.... _,_,t-...,,_,_,..,, .. �-�-_..,., __ , .. A•�--�---�-�-��.,·•��-----------�--�--�-"'"''" -·---·•-�••..._..,>,•��� .... -·-·-------•,•,,-,� , �-.-·,,·.-,r,�·�,��.., .. i f Organization/Non-Profit Address: I 2"3lO �A(l.ATOu..--A SL,\f\J{\}/V-l\Lf-12. l) _, SAf2..A to�-A 1 cf\' 'l'� lUl ; Has This Organization Previ ously Yes Q- · · No Di_ Coordinat ed Events in Saratoga? ---·-------------·--.. --·-----·-------··-·----·-·-····---,.-·------·-·--·--·--·· .. ------------------!
Event D escriptio n: SE.� ATT-A-c.K ED
, Estimated Attendance: � 2.00 _ 2�-o One Time Event D Annual Event �
Funding Amount Received from City in Past: N G.J{:.� f\Pft.lbDOther Funding S ources: . Include source & amount I.ASE?. of WV�A � osU.tJ--«t fr\J.M ��S � 'Eb �, I 00
"•" '"""'""'"-""'"""-"'" ----·-•"""""""' '"• •-• •• -------·• • ·-··-, •• ·•• •• --·-••·-•·-··-·----·•--•-- -r •••·-�-,,••• ,-�-6'••"-•">·-•·•-r -,•,•r- ·-•·--• -- • ••• -· •• •- ,•r-• -- •-•�---·••• ·.•••- •· ·-• ·----·-•• ••" ••r••-••••-•, •-••-' Event Promotion Plan: •Advertising & marketing
Attachment C
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Attachment C
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Attachment C
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Attachment C
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Attachment C
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Attachment C
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Attachment C
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Attachment C
220
City of Saratoga Community Event Grant Program
Application
Contact Name: Connie Hall, President
"' '"-· Phone· · - -
Event Hours: 9-12:00 noon
Yes [{]
---Total Event Cost: $2SOO
No D
•-��--�-•·• --------��------------�•�·-·, ·•�"•"• -• -----,<>�•�,,c, •-----� «--� ------"--�·----� Email:
' Orga n izat_i�n ����: -�c:1_rc:1_t?��a IOOF Lodge ----- - - ---- .. -�------. --- ---- . .. ---. -lIs This a Non-Profit Organization? Yes [Z] No D I
, Organizatlon/Non-ProfiiAddress:14414 Oak Street, #A, Saratoga
. · I
f--·-·· .... ·-·-·····-··--·-.· ----------·-··-.. -··-.. ······--·----------·-··-----. . -···-·-····· ---------- ., ., ..... .,. ________ . ·-· ···-··'------,' I Has This Organization Previously Yes [ZJ No D 1 L �-o°-rdin,a_te��"�n,tsJ__l'l �-�r�!o��? .. __ .. ... _ .... _______ . ___ _ __ ...... _________ . .. ... ________ . _ ... .. . . ____ .. 1
Event Description: Egg hunts for children 2-11 years old in 3 separate hunts, DJ music, kids games & face painting.
Estimated Atte ndance: 400 adults & children One Time Event D A nnual Eve nt 0
Fun di n g Amount Received from City i n Past: $500 FY 2018-2019, $600 FY 2017-2018Other Funding Sources:
,nc1ude source&amount Saratoga IOOF Lodge balance of $1000
Event Promotion Plan:
Advertising & marketing Fl' 8 d h I d b . · 8 Ad · s t s ti' h · 1ers to aratoga gra e sc oo s an usmesses m aratoga. m ara oga po 1g t Magazine
•=·· -----,.,,---,-,--------------��-�-N.,ii��------ ------ - --. '------•----�•••-----�----�,-a ._.__ .. _._.__,-.,-{ Prior Event Organizing Experience:
Describe the experience of the event coordinator and the organization requesting funds.
Saratoga Lodge hosted Event for last 10 yrs: 2010-present. Coordinator managed event for last 3 yrs with approximately 30 adult & youth volunteers., �-�------·---·----,---------,------------..s -···�--��------�-=· --����=--�-�--:� . -�···� -��--�---------------�--� ---�--��=·-�-��----· ----·--, --� Building Community:
How will your event build a sense of community?
Saratoga residents, families, & kids love this event and return with their neighbors year after year. I
.... -------· ----.... ------· ----· ...... J
Attachment C
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Attachment C
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City of Saratoga
Community Event Grant Application
·'SUMIVIA�Y Of EVENT
Event Name: Saratoga Symphony Concerts
EventDate: 10/12-13 /2019 EventHours:9:30-12:30 & 1:30 -5:30
EventLocation:McAfee Performing Arts & Lecture Center, Saratoga High School
Grant Request: $1 OOO.OO Total Event Cost:$3791.00
cCO.NTACTfOR .GftANT:APPLlCATION Contact Name: Robert Sheets
Title:Treasu rer
Organization: Saratoga Symphony, under the Social Good Fund
Address:
Phone:
•· .. · ABOU'f, JHE EVENT
Email:
EventDescription:Class ical Music Concert, free to the comm unityEstimated 300Attendance: One Time Event ! ti I AnnualEvent �
:�:tng Amount Received from City in $300 ($100 for each Of 3 perf ormances)Other Funding Sources:
Include source & amountoonations at concerts (-$500.00); Annual fund raisers from San Francisco Waltzing Society ($3500.00) and the Stanford Veinnese Ball ($2500.00)
Event Promotion Plan: Advertising in local community newspaper or banner in 3 Saratoga locations;
Advertising & marketing Free listings in the local papers, San Francisco Classical Voice
Prior Event Organizing Experie nce: This will be the Saratoga Symphony's 32nd season. We have been performing in
Describe the experience of the event Saratoga and other venues continuously thanks to our volunteer base, Treasurer
coordinator and the or ganization Robert Sheets and Publicity Janet Morrison and others.Our philosophy is to
t" fi d provide seldom heard classical music to the community. We do not charge for reques ,ng un s concerts nor do our members pay dues. All concerts are free
Building Community: People are often surprised that there is a Saratoga Symphony. We have many supportive
How will your event build a patrons who consistently attend our concerts. One Saratoga resident, Robert Feigelson,
sense of community? often makes programming suggestions and provides research support for the music. The Saratoga Symphony performed in the fund raiser for the opening of McAfee Center at
Saratoga High Sc hool many years ago. We are members of the Saratoga Chamber of
Commerce. We perform music that appeals to all ages. Our performances provide an
oppotunity for the community to enjoy free classical music performances.
Attachment C
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Attachment C
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Attachment C
229
City of Saratoga
Community Event Grant Application
SUMMARY OF EVENT Event Name: Saratoga Symphony Concerts
Event Date: 1/15 -16/2020 Event Hours:9:30-12:30 & 1 :30-5:30
Event Location:McAfee Performing Arts & Lecture Center, Saratoga High School
Grant Request: $1 OOO.OO Total Event Cost:$3 791. 00
CC:>NTACT FOR :GRANT APPLICATION
Contact Name: Robert SheetsTitle:Treasu rer
Organization: Saratoga Symphony, under the Social Good Fund
Address:
Phone:
.· ABOUT THE EVENT
Email:
Event Description:Class ical Music Con cert, free to the comm unityEstimated 300 Attendance: One Time Event Iv I AnnualEvent c=J
:�:iing Amount Receive d from City in $300 ($100 for each Of 3 perf ormances)Other Funding Sources:
/nc/ude SOUrCe & amountDonaUons at concerts (-$500.00); Annual fund raisers from San Francisco Waltzing Society ($3500.00) and the Stanford Veinnese Ball ($2500.00)
Event Promotion Plan: Advertising in local community newspaper or banner in 3 Saratoga locations;
Advertising & marketing Free listings in the local papers, San Francisco Classical Voice
Prior Event Organizing Experience: This will be the Saratoga Symphony's 32nd season. We have been performing in
Describe the experience of the event Saratoga and other venues continuously thanks to our volunteer base, Treasurer
coordinator and the organization Robert Sheets and Publicity Janet Morrison and others.Our philosophy is to
f /i d provide seldom heard classical music to the community. We do not charge for reques mg un s concerts nor do our members pay dues. All concerts are free
Building Community: People are often surprised that there is a Saratoga Symphony. We have many supportive
How will your event build a patrons who consistently attend our concerts. One Saratoga resident, Robert Feigelson,
sense of community? often makes programming suggestions and provides research support for the music. The Saratoga Symphony performed in the fund raiser for the opening of McAfee Center at
Saratoga High School many years ago. We are members of the Saratoga Chamber of
Commerce. We perform music that appeals to all ages. Our performances provide an
oppotunity for the community to enjoy free classical music performances.
Attachment C
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Attachment C
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City of Saratoga
Community Event Grant Application
SlJMMARY OF EVENT
Event Name: Saratoga Symphony ConcertsEvent Date: 3/21-22/2020 Event Hours:9:30-12:30 & 1 :30-5:30
Event Loc atio n:McAfee Performing Arts & Lecture Center, Saratoga High School
Grant Request: $1000.00 Total Event Cost:$3791.00
CONTACT FOR GRANT APPLICATION
Contact Name: Robert SheetsTitle:r reaSU rerOrganization: Saratoga Symphony, under the Social Good Fund
Address:Phone:
ABOIJt THE EVENT
Email:
EventDescription:Class ical Music Concert, free to the comm unityEstimated 300Attendance: O n e Time Event Iv" I An nualEvent �
:�:tn gAmountRecei vedfromCity in$3QQ ($1QQ for each Of 3 perf ormances)Other Funding Sources:
Include source & amountoonations at concerts (-$500.00); Annual fund raisers from San Francisco Waltzing Society ($3500.00) and the Stanford Veinnese Ball ($2500.00)
Event Promotion Plan:Advertising in local community newspaper or banner in 3 Saratoga locations;
Advertising & marketin g Free listings in the local papers, San Francisco Classical Voice
Prior Event Organizing Experien ce: This will be the Saratoga Symphony's 32nd season. We have been performing in
Describe the experience of the event Saratoga and other venues continuously thanks to our volunteer base, Treasurer
coordinator and the organization Robert Sheets and Publicity Janet Morrison and others.Our philosophy is to
t" '" d provide seldom heard classical music to the community. We do not charge for reques mg ;un s concerts nor do our members pay dues. All concerts are free
Buildin g Community: People are often surprised that there is a Saratoga Symphony. We have many supportive
How will your event build a patrons who consistently attend our concerts. One Saratoga resident, Robert Feigelson,
sense of community? often makes programming suggestions and provides research support for the music. The Saratoga Symphony performed in the fund raiser for the opening of McAfee Center at
Saratoga High School many years ago. We are members of the Saratoga Chamber of
Commerce. We perform music that appeals to all ages. Our performances provide an
oppotunity for the community to enjoy free classical music performances.
Attachment C
233
Attachment C
234
Attachment C
235
City of Saratoga Community Event Grant Program
Application
SUMMARY OF EVENT
Event Name: Tacos & Tunes
Event Date: November 9 2019' Event Hours:7:00-1 O:OOpm
Event Location: Saratoga, CA
Is This Event Open to the Public?
Grant Request: ./f d ,t.f DD . DO
CONTACT FOR GRANT APPLICATION
Yes [a
Total Event Cost:
Contact Name: Sara Dean, Executive Director
No D
¢t31-oo. oo
Phone: Email:
Organization Name: South Bay Musical Theatre (SBMT)
Is This a Non-Profit Organization? Yes [a No D
Organization/Non-Profit Address: PO Box 700215, San Jose, CA 95170
Has This Organization Previously
Coordinated Events in Saratoga?
ABOUT THE EVENT
Event Description:
Yes 0 No D
Our 2nd annual "Tacos & Tunes" ls a fun evening of food, silent auction, and the opportunity to belt out your favorite Broadway tune!
Estimated Attendance: 1 00
Funding Amount Received from City in Past: 0
Other Funding Sources:
One Time Event D Annual Event 0
Include source & amount Admission price: $40 general or $50 for singers. Please see attachment for details.
Event Promotion Plan:
Advertising & marketing . .Tacos & Tunes will be promoted via our website and email list. Please at tachment for details.
Prior Event Organizing Experience:
Describe the experience of the event coordinator and the organization requesting funds. Please see attachment.
Building Community:
How will your event build a sense of community?
Tacos & Tunes gives everyone a chance to shine. Please see attachment for details.
Attachment C
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Attachment C
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Event name SVTAGS/Tech-Art-Green-Sustainabile Fair
Date of event: depends on community center availability
Our Mission for SVTAGS is: To share information about companies, non-profits, people, and
places concerning Technology, Art, Green and Sustainability (TAGS). The intention is to foster
growth and learning in the TAGS areas of interest; connecting people with industries and
resources.
This event will Host local artists that live in Saratoga Patrali Paul, Holly Van Hart-, and others.
It will also feature some local luminaries in the technology world. We will have a hands on how
to make art from reclaimed materials. Local crafts that are handmade will be for sale too.
There will be technologies innovations that are IoT, a.i., machine learning technology, energy,
auto industry and other new technology.
Heather Durham is part of western automotive journalist and will bring on board some
interesting innovators in transportation to speak at the event. There are over 20 R & D labs in
the Bay Area alone, so featuring some of those innovations makes good sense. Living In
Saratoga is a luminary the energy industry Ms. Durham will be asking for him to speak at the
event too.
We are hoping to get participation with the community, the local chamber of commerce, with
students that might be interested in the DIY/make it yourself, art enthusiasts and other
technology like minded people.
The location for the event will be the community center next to city hall in Saratoga. We will
also ask West Vally college to participate.
This is the 10th year SVTAGS has been in production, so we will also invite some of our guest
from the 183 shows to participate.
Past events hosted: Heather Durham has produced events from small gatherings, to large
trade shows, Foodie Fun in Saratoga and a Health Fair in town (the last two events she won
past grants for).
How will it build community: all of the above information shows that this event will bring
together not just interesting speakers, hands on projects for people to work on —-/something
fun side by side, but it also incorporate local community that is already engaged in the topics
the event is covering. Not to mention some of the speakers are residents of Saratoga
California already which will help build stronger community at large.
Budget: $10,000.00
Request: $3,000.00
Other funding: sponsorship of tables by people that want to be in our event, underwriting by
SVTAGS current supporters, ad space sales within our media, auction of some SVTAGS
“reclaim/reuse” sale. We are hoping to not charge for the event, but having sponsors, but we
may charge a nominal fee.
Attachment C
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Event attendance: 200 to 450
Advertising and marketing: we will market this on our TV show SVTAGS on the 20 stations we
are now on. By the date of the event we will be on more stations. We will do some internet
marketing and also email marketing to our over 20,000 person email list. We may do some
cross promotion with other tv producers, blogger and podcast hosts. Flyers handed out at
local chamber events as well as posted to coffee shops. Local magazine’s and newspaper
advertising is also a possibility. Trade media with local radio, and some podcasters is also
available to Ms. Durham (KGO is one of the radio stations).
Grant to be used for licensing fees, city rental, city permit, supplies, contract services
Attachment C
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Attachment D
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Attachment E
245
SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:City Manager’s Office
PREPARED BY:James Lindsay, City Manager
SUBJECT:Update to Agreements with SASCC
RECOMMENDED ACTION:
Authorize the City Manager to execute an Amended and Restated Lease Agreement and a new
Support Agreement with the Saratoga Area Senior Coordinating Council.
BACKGROUND:
At the City Council’s annual retreat,staff was directed to meet with the Saratoga Area Senior
Coordinating Council (SASCC) to review the existing agreements and schedule a future City
Council agenda item on the agreements. This direction was given after the Council’s consideration
of a full partnership with Los Gatos –Saratoga Community Education and Recreation (LGS
Recreation)to provide recreation services for the City beginning July 1, 2019. The City currently
has a Lease Agreement (Attachment C) and a Support Agreement (Attachment D) with SASCC
that both expire in 2023.
Staff held a series of meetings with SASCC and LGS Recreation to discuss a new lease framework
that would be applicable to both organizations. The most significant change to the lease requested
by SASCC was modification to Section 3B which currently gives the City priority use of the Senior
Center after 4:00 PM and on weekends.
Current text of Section 3B:
Lessee (SASCC) shall allow Lessor (City) use of the Premises for any municipal
purpose at any time other than between 8:00 A.M. and 4:00 P.M., Monday through
Friday. In addition, Lessee may allow Lessor to use all or a portion of the Premises
during those hours at its discretion.
City and SASCC staff have agreed to the following language for Section 3B in the
new lease:
Lessor may make use of all or a portion of the Premises for any municipal purpose
at any time subject to Lessee’s consent which shall not be unreasonably withheld.
Lessor will provide at least 48 hours’ notice of such use and Lessee’s consent shall
be presumed unless Lessee objects within 12 hours of Lessor’s notice of intended
use.246
This same language, if approved, would be included in the City’s future Lease Agreement with
LGS Recreation, scheduled to be considered by the City Council on April 17. Under these new
agreements, SASCC, LGS Recreation, and the City would all have access to a shared facility
calendar for the Senior Center, Community Center, and Saratoga Prospect Center. LGSRecreation
and SASCC would use their leased facilities to provide classes and programs to the Saratoga
community throughout the week and on weekends as needed. The City would continue to operate
a facility rental program in space not scheduled for recreation or senior services programming.
Before facilities are scheduled for programming, priority will be given to organizations that have
a long history of renting City facilities, such as the Saratoga Rotary Club, West Valley Muslim
Association, and the Saratoga Hindu Temple.
Senior classes/programs and the weekly senior lunch program have been added to the services
section of both agreements and podiatric checks was removed. The Support Agreement was
updated to only reflect the City’s ongoing financial support of the Senior Center and Adult Care
Center. References to SASCC paying rental fees for other City facilities was removed. No
changes to City funding levels are proposed in the updated Support Agreement.
SASCC’s Board of Directors will be meeting and reviewing the updated agreements on Monday
March 18.
ATTACHMENTS:
Attachment A – Amended and Restated Lease Agreement
Attachment B – Support Agreement
Attachment C – Current Lease Agreement
Attachment D – Current Support Agreement
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AMENDED AND RESTATED LEASE AGREEMENT
SARATOGA AREA SENIOR COORDINATING COUNCIL
THIS AMENDED AND RESTATED LEASE AGREEMENT is made and entered into
between CITY OF SARATOGA, a Municipal Corporation, hereinafter called “Lessor” or “City”,
and the SARATOGA AREA SENIOR COORDINATING COUNCIL, a California nonprofit
public benefit corporation, hereinafter called "Lessee" or "SASCC," as of the Effective Date
specified below.
WHEREAS, Lessor owns real property located at 19655 Allendale Avenue in the City of
Saratoga, County of Santa Clara, State of California (Assessor's Parcel No. 397-30-053), as more
particularly described in Exhibit A attached hereto (“Property”);
WHEREAS, Lessor currently leases the portion of the Property shown in Exhibits B-1
and B-2 attached hereto (“Premises”) to Lessee for the maintenance and operation of a Senior
Center and Adult Day Care Center and the parties wish to amend and restate the Lease.
NOW, THEREFORE, in consideration of, and subject to, the terms and conditions
hereinafter set forth, Lessor and Lessee agree as follows:
1. Description of Property.
Lessor hereby agrees to lease to Lessee, and Lessee agrees to lease from Lessor the
Premises on the terms set forth herein.
2. Effective Date; Term of Lease.
This revised and restated agreement becomes effective (“Effective Date”) upon its
execution by both parties and its Term shall be five (5) years beginning on the first day of the
first month following the Effective Date. The agreement shall automatically renew for a second
and third five year term unless one party provides the other with a notice of non-renewal at least
sixty (60) days prior to the start of the next Term. The prior lease agreement shall be of no
further force an effect as of the Effective Date.
3. Use of Premises.
A. The Premises shall be used by Lessee for the maintenance and operation of a
Senior Center and Adult Care Center and for no other purpose. As consideration for use of the
Premises Lessee shall have the following responsibilities:
a. Provide licensed Adult Day Care Services Monday through Friday eight
hours per day. Such Services must comply with Title 22. Division 6.
Chapter 3 of the California Department of Social Services Manual of
Policies and Procedures.
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b. Maintain and support a Senior Center providing services including the
following on-going services: activities and classes appropriate for seniors,
a weekly senior lunch program, blood pressure checks, tax assistance,
vision screening, hearing tests, safe driving program, flu shots, and other
services as available to the senior population.
c. Provide Lessor with a Quarterly Program Report quantifying participation
levels and program offerings during the previous quarter.
d. Ensure that all use of the Premises complies with the policies set forth in
Exhibit C.
e. The Director of SASCC shall serve as a liaison between Lessee and Lessor
and shall bring all matters pertaining to items (a) through (d), above, to the
attention of the City Manager or designee.
B. Lessor may make use of all or a portion of the Premises for any municipal
purpose at any time subject to Lessee’s consent which shall not be unreasonably withheld.
Lessor will provide at least 48 hours’ notice of such use and Lessee’s consent shall be presumed
unless Lessee objects within 12 hours of Lessor’s notice of intended use.
C. Lessee shall not lease or sublease the whole or any part of the Premises, nor sell
or assign this lease, either voluntarily or by operation of law, nor allow the Premises to be
occupied by anyone contrary to the terms hereof, nor permit their use for any purpose other than
as hereinabove specified, nor abandon or vacate the Premises, nor fail or refuse to actively cause
the Premises to be used as hereinabove specified for the purposes of this lease, without the prior
written consent of Lessor. For uses by third parties providing senior or adult day care services in
cooperation with Lessee, Lessor’s consent shall not be unreasonably withheld.
4. Alterations, Additions, Maintenance.
A. During the term of this lease or any extensions thereof, Lessor shall provide
routine janitorial services, unscheduled janitorial services such as cleanup of major spills, and
building maintenance and repair services for the Premises, provided, however that Lessee shall
have the obligation to furnish and install, and keep in good condition and repair all such
furniture, fixtures, and equipment as may be necessary or proper in order to carry on the use of a
senior center and adult care center.
B. Any alterations, changes or additions to the Premises desired by Lessee shall be
undertaken by Lessor at Lessee’s full cost and expense with prior written consent of Lessor
which consent, however, shall not be unreasonably withheld. “Alterations, changes, or
additions” shall include, but not be limited to moving interior or exterior walls, or changing any
fixed wall or flooring other than carpeting and shall not include partitions, appliances,
equipment, furniture or similar improvements. Prior to undertaking any such alterations, changes
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or additions Lessor and Lessee will agree on a scope of work and estimated cost for labor,
materials and project management by Lessor and Lessee will deposit with Lessor an amount
equal to 110% of the estimated cost. Lessor will provide documentation of all costs at the
conclusion of the work. Any excess funds on deposit will be returned within 30 days. Any costs
in excess of the amount on deposit will be paid to Lessor by Lessee within 30 days of Lessor's
invoice to Lessee. Upon termination of this lease, all alterations, changes or additions shall inure
to the benefit of Lessor, excepting however, partitions, appliances, equipment, furniture and
similar improvements placed on the Premises by Lessee; providing that upon termination of this
lease, Lessee shall have thirty (30) days in which to remove said partitions, appliances,
equipment, furniture and similar improvements placed by it on the Premises. If requested by
Lessor at any time during the term of this Lease, Lessee shall promptly remove, at its sole cost
and expense, any alterations, changes or additions to the Premises made without obtaining prior
written consent of Lessor, provided, however, that Lessor in its sole discretion may directly
undertake the removal work following not less than fifteen days’ notice to Lessee.
5. Taxes and Utilities.
Lessor shall pay for all water, gas, heat, light, power, sewage, and any and all other
utilities and services (other than telephone, internet, cable, or similar telecommunication
services) which may be furnished to or used in or upon the Premises during the term of this
lease. In addition, Lessor shall pay any and all taxes and all special assessments for public
improvements as may be levied against the Premises or any part thereof.
6. Indemnification.
Lessee shall indemnify, defend and hold harmless the City of Saratoga, its officers,
employees, and agents from and against any and all claims, demands, causes of action, orders,
decrees, or judgments for personal injury or death, damage to or loss of property or any other
damage and/or liability (including all costs and attorney's fees incurred in defending any claim,
demand or cause of action) occasioned by, growing out of, or arising or resulting from any act or
omission on the part of Lessee or any assistant(s) of Lessee in connection with the Premises,
except for any liabilities or losses adjudicated to have proximately resulted from the sole
negligence or willful misconduct of Lessor. This provision sets forth the exclusive allocation of
liability between the parties, and no other allocation, whether in law or equity shall apply. This
provision shall survive the termination of this agreement for the full period allowed by law. The
defense and indemnification obligations of this agreement are undertaken in addition to, and
shall not in any way be limited by, the insurance obligations contained in this agreement.
7. Responsibility for Damage and Insurance.
A. Lessee shall be responsible for all loss or damage to the Premises related to
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Lessee’s use thereof, howsoever caused. Lessor shall be responsible for all loss or damage to the
Premises related to Lessor’s use thereof, howsoever caused.
B. Lessor shall provide property insurance coverage for the Premises on the same
terms that all other City property is insured. City shall not provide insurance of any kind for any
Lessee’s property, nor will Lessor provide insurance for any of Lessee’s programs or activities.
Lessee is solely responsible for insuring Lessee’s property, programs and activities in the
Premises. Lessor's maximum liability under this paragraph shall be limited to the replacement
cost of the building with like kind and quality, excepting for destruction caused by flood,
earthquake, seismic activity, earth movement, and other natural disasters. In the event of such
destruction either party may terminate this agreement.
C. Lessee agrees to procure and maintain insurance as required by the provisions set
forth in Exhibit D and to otherwise comply with the requirements therein. Certificates of such
insurance and additional insured endorsements shall be delivered to City before execution of this
Lease Agreement by Lessor. Neither insurance nor the absence thereof shall abrogate or limit
the responsibility of the Lessee for damage to the building as called for herein.
8. Dispute Resolution.
A. The parties recognize the unique nature of the senior center and adult day care
center uses covered by this Agreement and the beneficial effects to both parties of providing
these resources to the residents of Saratoga and other members of the public. The Parties
therefore agree to cooperate in order to resolve disputes and to assist each other in responding to
public inquiries arising from implementation of this Agreement.
B. The Parties acknowledge that issues may arise that require resolution between the
Parties. The Parties agree to meet and confer to resolve such issues. The Lessee hereby appoints
SASCC Executive Director, or his or her designee, and the Lessor appoints the City Manager or
his or her designee, as its representative for dispute resolution. The party desiring to meet and
confer shall notify the other party in writing (“Dispute Notice”) of the subject matter of the
dispute (“Contract Issue”) and the parties shall meet and confer at a mutually agreed upon date,
time and location not less than three nor more than ten days following the non-requesting party’s
receipt of notice.
C. If within thirty days after issuance of a Dispute Notice, the parties still have not
been able to come to a mutually satisfactory resolution, then either party may refer the matter to
mediation for informal advice and/or resolution. The parties shall mutually agree upon a
mediator to assist them in resolving their differences. If the parties are unable to agree upon a
mediator, the parties shall jointly obtain a list of seven mediators from a reputable dispute
resolution organization and alternate striking mediators on that list until one remains. A coin
toss shall determine who may strike the first name. If a party fails to notify the other party of
which mediator it has stricken within two business days, the other party shall have the option of
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selecting the mediator from those mediators remaining on the list. Any expenses incidental to
mediation shall be borne equally by the parties. If either party is dissatisfied with the outcome of
the mediation, that party may then submit the matter for resolution to binding arbitration in
accordance with subsection 9.D, below.
D. Any matter that cannot be settled by mediation may, upon the demand by either
party, be submitted to binding arbitration by an Arbitrator. The Arbitrator shall be JAMS, or if
JAMS is not then in operation or is not then available, the American Arbitration Association, and
the arbitration shall be in accordance with the Arbitrator’s then applicable rules, as amended by
the following:
1. Any demand for arbitration shall be given in writing to the other party to the
Lease and to the Arbitrator. The demand shall specifically describe the matter in dispute,
including the amounts in controversy and/or other relief sought. A demand for arbitration shall
be made within a reasonable time after the right to demand arbitration under the Lease has
arisen, and in no event shall it be made after the date when institution of legal or equitable
proceedings based on such matter in dispute would be barred by the applicable statute of
limitations. A party who files a notice of demand for arbitration shall assert in the demand all
disputes arising under the Lease then known to that party.
2. The matter shall be heard by one arbitrator mutually selected by the parties, or if
the parties cannot agree on a single arbitrator within ten days following the demand for
arbitration, the matter shall be heard by an arbitrator selected in accordance with the procedure
for selection of a mediator in subparagraph 9.C, above, provided, however, that the selected
arbitrator will be a former trial judge of the federal or state courts in California.
3. The arbitrator shall take reasonable steps as may be necessary to hold a private
hearing within sixty (60) days after the initial demand for arbitration and to conclude the hearing
within two (2) days thereafter. Not later than seven (7) days prior to the hearing date set by the
arbitrator each party shall submit a brief with a single proposal for settlement. Evidence
concerning the financial position of the parties, any offer made or the details of any negotiations
prior to arbitration and the cost to the parties of their representatives, selected arbitrators and
counsel shall not be permissible. The place of the arbitration hearing shall be Saratoga,
California.
4. The arbitrator may award only such relief or remedy as would be available
pursuant to judicial proceedings in a court of competent jurisdiction, including injunctive and
affirmative relief; except that the arbitrator may not award punitive damages. The decision of the
arbitrator shall be in writing.
NOTICE:
BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY
DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF
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DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN
THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY
AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE
“ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED
TO ARBITRATE UNDER THE AUTHORITY F THE CALIFORNIA CODE OF CIVIL
PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF
DISPUTES” PROVISION TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE
WITH THIS LEASE AGREEMENT.
Lessor’s Initials ________________ Lessee’s Initials__________________
9. Termination.
This lease may be canceled and terminated by either party at any time upon ninety (90)
days’ notice to the other party.
10. Notices.
Any notice required or permitted to be given under this Lease must be in writing and may
be given by personal delivery, certified mail, or Express Mail, Federal Express or other such
express delivery service. Notices shall be deemed communicated immediately if personally
delivered. Notices shall be deemed communicated within forty-eight (48) hours from the time of
mailing if mailed by certified mail, and within twenty-four (24) hours if mailed by express
delivery service, excluding Saturdays, Sundays and holidays. Any such notice shall be deemed
sufficiently given if addressed to Lessor or Lessee at the address specified below. Either party
may specify a different address for notice purposes, or specify that a copy of any notice given to
such party be concurrently given to another person, by giving appropriate notice to the other
party.
To Lessor:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
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408.868.1213
To Lessee:
Executive Director
SASCC
19655 Allendale Avenue
Saratoga, CA 95070
408.868.1257
11. Non-Waiver of Breach.
In the event of a breach of any term, covenant or condition of this Lease by Lessee,
Lessor may with knowledge of such breach permit Lessee to continue in possession of the
Premises, but any waiver by Lessor of any term, covenant or condition herein contained, or of
any breach thereof, shall neither vitiate the same, nor any other term, covenant or condition
contained herein, nor operate as a waiver of any other or future breach.
12. Surrender of Possession on Termination.
Upon the cancellation or termination of this lease, Lessee shall surrender the Premises in
good order, condition and repair, reasonable wear and tear excepted. If Lessee elects to remove
its fixtures, it shall have the obligation at its sole cost and expense to repair any and all damages
caused in the removal of said fixtures. Lessee shall remove all trash and debris and leave the
Premises broom-clean.
13. General Provisions.
A. No officer, member or employee of City and no member of the City Council shall
have any pecuniary interest, direct or indirect, in this agreement or any proceeds
related to Lessor’s use of the Premises.
B. This agreement shall be administered and interpreted under the laws of the State
of California. Jurisdiction of litigation arising from this agreement shall be in that
state and venue shall be in Santa Clara County, California. If any part of this
agreement is found to conflict with applicable laws, such part shall be inoperative,
null and void insofar as it conflicts with said laws, but the remainder of this
agreement shall be in full force and effect.
C. Lessee understands and agrees that there is no representation, implication, or
understanding that Lessor will renew this agreement or authorize use of the
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Premises under a new agreement following expiration or termination of this
agreement. Lessee waives all rights or claims to notice or hearing respecting any
failure by City to renew or extend this agreement or any other authorization to use
the Premises except as otherwise explicitly stated herein.
D. This agreement is entered only for the benefit of the parties executing this
agreement and not for the benefit of any other individual, entity or person.
E. The provisions of this Agreement which by their nature should survive expiration
or termination of this Agreement, including but not limited to provisions
regarding indemnity and insurance shall survive such expiration or termination.
F. Both Lessor and Lessee have drafted and reviewed this agreement, and
accordingly, the normal rule of construction to the effect that any ambiguities are
to be resolved against the drafting party, and shall not be employed in the
interpretation of this Agreement or any amendment of it.
G. This agreement contains the entire agreement between the parties with regard to
the matters set forth, except as otherwise specifically set forth in this agreement.
This agreement may be amended or modified only by an agreement in writing
executed in the same manner as this agreement.
H. Each of the exhibits listed in the Exhibit List below are a part of this agreement
and hereby incorporated herein.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
City of Saratoga SASCC
By: _________________________
James Lindsay, City Manager
Date: ________________________
ATTEST:
By: _________________________
Debbie Bretschneider, City Clerk
Date: ________________________
APPROVED AS TO FORM:
By: _________________________
Richard Taylor, City Attorney
Date: ____________________
By: _________________________
Tylor Taylor, Executive Director
Date: ________________________
Exhibit List
Exhibit A -- Property Description
Exhibits B-1 and B-2– Diagrams of Premises
Exhibit C – Premises Rules of Use
Exhibit D – Insurance Requirements
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Exhibit A
Property Description
Assessors Parcel 397-30-053 as illustrated on the attached page.
257
Exhibit B-1
Location of Premises
The diagram on the attached page shows the location of the premises on the Property described
in Exhibit A.
258
Senior Portable Areas excluded from Lease
259
Exhibit C
Premises Rules of Use
1. Alcoholic beverages are not allowed on the Premises except with pre-approval by
Lessor’s contact and subject to all applicable alcoholic beverage control laws and the
following:
A. Lessor’s Permission to Serve Alcohol form has been completed and approved.
B. Events larger than 30 people where alcohol is consumed require one security
guard and events larger than 100 people require two security guards unless Lessee
provides City with information demonstrating that such security is not required
and this requirement is waived by City’s Contact.
C. Sale of alcoholic beverages or charging an admission price, which includes
alcoholic beverages requires (at Lessee’s expense), the appropriate license from
the Alcoholic Beverage Control Dept. A 24-hour liquor license can be acquired
at: Alcoholic Beverage Control Dept., 100 Paseo de San Antonio, Suite 119, San
Jose, CA 95113. (408) 277-1200.
D. Beer and wine only are permitted. No hard alcohol is allowed.
2. Smoking is not allowed in the Premises (including any lobby areas) or within 20 feet of
the Premises.
3. Lessee shall maintain safe exit pathways in the Premises at all times. No obstructions are
allowed which will interfere or prohibit passage by occupants to the “exit” doors in case
of an emergency building evacuation. The number of people at the event shall not exceed
the building capacity designated by the City.
4. Lessee shall observe, obey and comply with all applicable City, County, State and
Federal laws including, but not limited to, the following:
a. County Health Department requirements regarding food services;
b. State of California, Department of Social Services regulations in Title 22 of the
California Code of Regulations;
c. Copyright laws and all related licensing requirements;
d. Title VII of the Civil Rights Act of 1964 and other laws prohibiting
discrimination and providing that no person shall, on the grounds of race, creed,
color, disability, sex, sexual orientation, national origin, age, religion, Vietnam
era veteran's status, political affiliation, or any other non-merit factors be
excluded from participating in, be denied the benefits of, or be otherwise
subjected to discrimination under this agreement;
260
e. Lessee shall submit a complete set of fingerprints of all Lessee’s personnel
(including employees, contractors, and volunteers) to the Department of Justice
along with authorization to release a criminal history summary to Lessee. Lessee
shall maintain this information in its files, provide a copy to the City Contact, and
review all criminal history summaries before using the Premises, and ensure that
no personnel pose a threat to the health, safety, or welfare of any participant.
f. Lessee shall screen for tuberculosis, pursuant to Public Resources Code 5163, all
of Lessee’s personnel (including employees, contractors, and volunteers) who will
have supervisory or disciplinary authority over minors and the elderly in Lessee
programs at City facilities, and ensure that Lessee has on file and has provided to
the City Contact certificates showing that within the last two years each of
Lessee’s personnel has been examined and has been found to be free of
communicable tuberculosis.
5. City is not responsible for any materials stored in connection with this agreement.
6. Lessee shall provide its own personal tools; supplies and equipment at his/her own cost
and shall coordinate pertinent media activities with City Contact.
7. Lessee shall report all maintenance problems (burnt-out light bulbs, faulty bathroom
sinks, toilets, etc.) to the City Facilities Department (408-868-1277).
8. Lessee events or other activities generating noise in excess of City standards must obtain
a noise exemption permit in accordance with the noise ordinance in effect at the time of
the event or activity.
9. Additional restroom facilities will be required for events where the number of people
exceed the toilet to person ratio of 1:300.
10. Photographs or recordings taken of Lessee activities that include Lessee’s image or the
image of Lessee’s personnel may be used by Lessor for any purpose subject to any
applicable copyright restrictions held by a third-party copyright holder.
11. Lessee and its personnel shall comply with Lessor’s policy of maintaining a drug-free
workplace. If Lessee or any of its personnel is convicted or pleads nolo contendere to a
criminal drug statute violation occurring at the Premises, Lessee, within five days
thereafter, shall notify Lessor.
12. Lessee shall have its personnel on the Premise at all times the facilities are being used by
Lessee.
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Exhibit D
Insurance Requirements
1. Lessee shall procure and maintain insurance during the entire term of this Lease
Agreement against claims for injuries to persons or damages to property which in any
way relate to, arise from, or relate to use of the Premises and any acts or omissions of
Lessee. This insurance shall meet the following specifications, unless waived in writing
by Lessor’s Risk Manager:
a. Lessee shall procure and maintain for the duration of the agreement insurance
against claims for injuries to persons or damages to property which may arise
from or about the use of the Premises by Lessee or its agents, representatives, or
employees.
b. Coverage shall be at least as broad as:
(1) Commercial General Liability (CGL): Insurance Services Office Form
CG 20 01 04 13 covering CGL on an “occurrence” basis, including
products-completed operations, personal & advertising injury, with limits
no less than $2,000,000 per occurrence.
(2) Workers’ Compensation insurance as required by the State of California,
with Statutory Limits, and Employer’s Liability Insurance with limit of no
less than $1,000,000 per accident for bodily injury or disease.
(3) Any deductibles or self-insured retentions (“SIR”) must be declared to and
approved by Lessor and shall not reduce the limits of liability. Policies
containing any SIR provision shall provide or be endorsed to provide that
either the named Insured or Lessor may satisfy the SIR. Lessor may
require Lessee to provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the
retention.
c. All policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds with the maximum scope and amount of
overage available under the policy with respect to liability arising out of
activities performed by or on behalf of Lessee including materials and
parts or equipment furnished in connection with such activity.
(2) The Additional Insured coverage under Lessee’s policy shall be ''primary
and non-contributory" and will not seek contribution from Lessor’s
insurance or self-insurance and shall be at least as broad as CG 20 01 04
13.
262
(3) For any claims related to this agreement, Lessee’s insurance coverage
shall be primary insurance as respects the City, its officers, officials,
employees, agents and volunteers.
(4) The Insurance Company agrees to waive all rights of subrogation against
the City, its elected or appointed officers, officials, agents and employees
for losses paid under the terms of any policy which arise from activity of
Lessee.
(5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled by either party, except after thirty (30)
days’ prior written notice (10 days for non-payment) has been given to the
City.
d. The limits of insurance required in this agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the City
(if agreed to in a written agreement) before the City's own insurance or self-
insurance shall be called upon to protect it as a named insured.
e. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less
than A: VII, unless otherwise acceptable to the City. The City reserves the right
to obtain a full-certified copy of any Insurance policy and endorsements at any
time. Failure to exercise this right shall not constitute a waiver of right to exercise
later.
f. Lessee shall furnish Lessor with original certificates and amendatory
endorsements effecting coverage required by this clause on an annual basis. All
certificates and endorsements are to be received and approved by Lessor before
work related to the covered activity commences. Lessor reserves the right to
require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications, at any time.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
g. City reserves the right to modify these requirements, including limits, based on
the nature of the risk, prior experience, insurer, coverage, or other special
circumstances. Lessor reserves the right to modify or waive insurance
requirements for certain low risk activities. Such modifications or waivers must
be in writing from the Risk Manager.
h. Any available insurance proceeds broader than or in excess of the specified
minimum insurance coverage requirements and/or limits shall be available to the
City as an additional insured. Furthermore, the requirement for coverage and
limits shall be (1) the minimum coverage and limits specified in the Agreement;
263
or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
i. Lessee agrees to include with all contractors in their contracts the same
requirements and provisions of this agreement including the indemnity and
insurance requirements to the extent they apply to the scope of the contractor's
work. Contractors hired by Lessee shall agree to be bound to Lessee and City in
the same manner and to the same extent as Lessee is bound to City under this
Agreement. A copy of the indemnity and insurance requirements from this
agreement shall be furnished to all such contractors. Lessee shall require all
contractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work for
Lessee and will provide proof of compliance to the City.
1090885.4
264
SASCC SUPPORT AGREEMENT
1
This agreement is made and entered into between the City of Saratoga, a municipal corporation
("City") and the Saratoga Senior Coordinating Council (“SASCC”), a California non-profit
public benefit corporation for the period effective March 20, 2019 through June 30, 2023.
1. This agreement sets forth the terms of City’s support for community services offered by
SASCC and replaces in its entirety the May 1, 2018 SASCC Support and Facility Use
Agreement.
2. Responsibilities of SASCC.
a. SASCC shall provide licensed Adult Day Care Services Monday through Friday
eight hours per day. Such Services must comply with Title 22. Division 6.
Chapter 3 of the California Department of Social Services Manual of Policies and
Procedures.
b. SASCC shall maintain and support a Senior Center providing services including
the following on-going services: activities and classes appropriate for seniors, a
weekly senior lunch program, blood pressure checks, tax assistance, vision
screening, hearing tests, safe driving program, flu shots, and other services as
available to the senior population.
c. SASCC shall provide the City with a Quarterly Program Report quantifying
participation levels and program offerings during the previous quarter.
d. The Director of SASCC shall serve as a liaison between SASCC and the City and
shall bring all matters pertaining to items (a) through (c), above, to the attention of
the City Manager or Manager’s designee.
3. Responsibilities of the City. In support of SASCC’s responsibilities, the City shall
provide monetary support of $64,237 in Fiscal Year 2018/19, which includes $22,550 for
operating the Adult Day Care Center. This amount shall be increased by 2.5% per year
during the term of this agreement starting in Fiscal Year 2019/20. This contribution shall
be paid in four equal payments of one quarter the total amount. SASCC shall invoice the
City for payment with the Quarterly Program Report referenced above and City shall
make payment within 30 days.
4. Use of Other Facilities. SASCC may reserve and use other City owned facilities subject
to the approval of the City and other organization(s) that may be leasing facilities from
the City on the same terms as other non-profits except that no advance deposit,
processing fee, or use fees will be charged to SASCC.
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5. Contact Information.
a. SASCC’s Contact information is as follows:
Contact Name: Tylor Taylor
Street: 19655 Allendale Avenue
City, State, Zip: Saratoga, CA 95070
Telephone: 408-868-1257 E-mail:
tylortaylor@sascc.org
b. Except where a different City official is named in this agreement, the City Contact
for this agreement is Nina Walker, Facility Coordinator, who may be contacted at
19655 Allendale Avenue, Saratoga, California, 95070 or via e-mail at
nwalker@saratoga.ca.us or via phone at 408-868-1259.
c. This contact information may be updated by notice from one party to the other
without an amendment to this agreement.
6. City may terminate this agreement at any time if it determines that SASCC is using City
facilities for any other purpose or is conducting activities in a manner that does not meet
the standards observed by a competent adult care provider for comparable activity in
Santa Clara County.
7. Photographs or recordings taken of SASCC activities that include SASCC’s image or the
image of SASCC’s personnel may be used by the City for any purpose subject to any
applicable copyright restrictions held by a third-party copyright holder.
8. SASCC shall indemnify, defend and hold harmless the City of Saratoga, its officers,
employees, and agents from and against any and all claims, demands, causes of action,
orders, decrees, or judgments for personal injury or death, damage to or loss of property
or any other damage and/or liability (including all costs and attorney's fees incurred in
defending any claim, demand or cause of action) occasioned by, growing out of, or
arising or resulting from any act or omission on the part of SASCC or any assistant(s) of
SASCC in connection with this agreement, except for any liabilities or losses adjudicated
to have proximately resulted from the sole negligence or willful misconduct of the City.
This provision sets forth the exclusive allocation of liability between the parties, and no
other allocation, whether in law or equity shall apply. This provision shall survive the
termination of this agreement for the full period allowed by law.
9. SASCC and SASCC's personnel shall comply with the City's policy of maintaining a
drug-free workplace. If SASCC or any of SASCC’s personnel is convicted or pleads nolo
contendere to a criminal drug statute violation occurring at such a Rental, premises, or
worksite, the SASCC, within five days thereafter, shall notify the City.
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10. SASCC and any employees, contractors, or volunteers are independent and not agents,
sub-agents, or employees of City. SASCC shall not have any claim under this agreement
or otherwise against the City of Saratoga for any social security, worker’s compensation,
or employee benefits extended to employees of the City.
11. SASCC shall comply with all applicable Federal, State and local laws and ordinances,
including, but not limited to the Saratoga City Code, unemployment insurance benefits,
worker’s compensation, ADA compliance, and F.I.C.A. laws.
12. SASCC may not assign any right or obligation under this agreement. Any attempted or
purported assignment of any right or obligation under this agreement shall be void and of
no effect.
13. Either party may terminate this agreement with or without cause by providing ninety (90)
days’ notice in writing to the other party. The City may terminate this agreement at any
time without prior notice if SASCC commits a material breach of the terms of this
agreement. Upon termination, this agreement shall become of no further force or effect
whatsoever and each of the parties hereto shall be relieved and discharged from the rights
and obligations of this agreement, subject to payment of amounts due for use of City
facilities prior to the expiration of the notice of termination.
14. The parties shall make a good faith effort to settle any dispute or claim arising under this
agreement. If any litigation is commenced between parties to this agreement concerning
any provision hereof or the rights and duties of any person in relation thereto, each party
shall bear its own attorneys’ fees and costs.
15. This agreement shall be administered and interpreted under the laws of the State of
California. Jurisdiction of litigation arising from this agreement shall be in that state and
venue shall be in Santa Clara County, California. If any part of this agreement is found to
conflict with applicable laws, such part shall be inoperative, null and void insofar as it
conflicts with said laws, but the remainder of this agreement shall be in full force and
effect.
16. This agreement is entered only for the benefit of the parties executing this agreement and
not for the benefit of any other individual, entity or person.
17. The failure by the City to enforce any of SASCC’s obligations or to exercise City's rights
shall in no event be deemed a waiver of the right to do so thereafter.
18. The SASCC representative signing below hereby represents to the City that s/he is
SASCC’s authorized representative with full power and authority to bind SASCC to the
terms and provisions of this Agreement.
19. Both CITY and SASCC have drafted and reviewed this agreement, and accordingly, the
normal rule of construction to the effect that any ambiguities are to be resolved against
the drafting party, and shall not be employed in the interpretation of this Agreement or
any amendment of it.
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20. This agreement contains the entire agreement between the parties with regard to the
matters set forth, except as otherwise specifically set forth in this agreement. This
agreement may be amended or modified only by an agreement in writing executed in the
same manner as this agreement. Two five-year extensions of this agreement may be
allowed by mutual written agreement of the Parties.
21. This Agreement is neither assignable nor transferable to any other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
City of Saratoga SASCC
By: _________________________
James Lindsay, City Manager
Date: ________________________
ATTEST:
By: _________________________
Debbie Bretschneider, City Clerk
Date: ________________________
APPROVED AS TO FORM:
By: _________________________
Richard Taylor, City Attorney
Date: ____________________
By: _________________________
Tylor Taylor, Executive Director
Date: ________________________
SARATOG.1-S190 1090895.4
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SARATOGA CITY COUNCIL
MEETING DATE:March 20, 2019
DEPARTMENT:Community Development Department
PREPARED BY:Debbie Pedro, Community Development Director
SUBJECT:Mountain Winery Annexation Process
RECOMMENDED ACTION:
Staff recommends that the City Council receive the report and provide direction to staff.
BACKGROUND:
On September 5, 2018, the City Council directed staff to provide an outline of the annexation
process for The Mountain Winery. The Mountain Winery is located in unincorporated Santa Clara
County on two contiguous parcels, APN 503-46-006 and 503-46-007. One of the parcels (-006)
is located outside of Saratoga’s Urban Service Area (USA) and within its Sphere of Influence
(SOI) while the other parcel (-007) is located outside of both the USA and the SOI.
APN#:
503-46-006
APN#:
503-46-007
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DISCUSSION:
In order to annex a property from the County into the City, the subject property must be located
within the City’s USA. As such, the annexation of The Mountain Winery will require LAFCO’s
approval of amendments to Saratoga’s USA and SOI.
USA and SOI Amendments
An USA amendment proposal may only be initiated by City Council resolution. Each city is
limited to one USA amendment application per calendar year. A SOI amendment application may
be filed by any person/entity or local agency. The following is an abbreviated list of submittal
requirements for the USA and SOI amendments:
1. Council Resolution
2. Letter of request stating the reason for the amendment and why it is necessary at this time
3. Map depicting properties in the proposal territory as well as City, USA and SOI boundaries
4. Environmental documentation per CEQA
5. Plan for providing services to the affected territory including water, sewer, solid waste, fire,
police, etc.
6. Fiscal Impact Report analyzing the impacts of the proposal on the affected agencies
7. Filing fee of $13,758.00 deposit plus actual costs
Once the application is filed and deemed complete by LAFCO, a hearing will be scheduled for
review by the LAFCO board which holds meetings every other month.
Annexation
An annexation proposed within a city’s urban service area and initiated by city resolution is not
subject to LAFCO approval, but by the City Council of the appropriate city. After the City Council
hearing and approval process, the proposal is forwarded to LAFCO staff for finalization and
recordation of a Certificate of Completion.
Per the Cortese-Knox-Hertzberg Act of 2000 (California Government Code Section 56000, et
seq.), an unincorporated area must be prezoned prior to annexation. Prezoning establishes the
zoning district which will apply in the event of annexation to the City. The parcel within the City’s
SOI (-006) is currently prezoned R-OS (Residential Open Space). The parcel outside of the City’s
SOI will have to be prezoned prior to annexation. The zoning classification will become effective
and enforceable when annexation is approved, it will have no force or effect on the subject
properties until that time.
It is estimated that the annexation process for The Mountain Winery, including preparation of the
application, review by LAFCO staff, public notices and hearings, will take a minimum of 10-12
months.
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