2016 08 17 city council agenda packet

Saratoga City Council Agenda – Page 1 of 4
SARATOGA CITY COUNCIL
REGULAR MEETING
AUGUST 17, 2016
4:30 P.M. CLOSED SESSION
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov’t Code Section 54957)
Title: City Manager
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with Saratoga Chamber of Commerce & Destination Saratoga
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 AGENDA
The agenda for this meeting was posted on August 12, 2016.
REPORT FROM CLOSED SESSION
REPORT FROM JOINT MEETING
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council for up to three (3) minutes on matters
not on the Agenda. The law generally prohibits the City Council from discussing or taking action
on such items. However, the Council may instruct staff accordingly.
ANNOUNCEMENTS
CEREMONIAL ITEMS
Commendation Honoring Christopher Riordan
Recommended Action:
Present the commendation honoring Christopher Riordan’s military service.

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 re
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 July 6, 2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
07/05/2016 Period 13 and Period 1; 07/14/2016 Period 13 and Period 1; 07/19/2016 Period
13 and Period 1; 07/26/2016 Period 13 and Period 1; 08/02/2016 Period 13 and Period 2;
and 08/09/2016 Period 13 and Period 2.
1.3. Second Reading of Ordinance Amending Smoking and Tobacco Retailer Regulations
Recommended Action:
Waive the second reading and adopt the ordinance amending Article 4-90 Tobacco Retailer
License and Article 7-35 Regulation of Smoking in Certain Places.
2. PUBLIC HEARING
None
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Active Lifestyles Discussion
Recommended Action:
Receive report.
4.2. Five Year Community Access Cable Services Agreement
Recommended Action:
Authorize the City Manager to execute a new five year agreement with the Saratoga
Community Access Television Foundation.
4.3. Discussion of Ordinance Enabling Bingo Events
Recommended Action:
Provide direction to staff on whether to prepare an ordinance that would amend the City
Code to allow certain organizations, including charitable organizations, to hold bingo
events.

CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County
Council Finance Committee
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Mayors and Managers
West Valley Sanitation District
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Public Art Ad Hoc
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Library Joint Powers Authority
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
FAA Select Committee on South Bay Arrivals
Hakone Foundation Board
Public Art Ad Hoc
Saratoga Historical Foundation
Saratoga Sister City Organization
West Valley Solid Waste Management Joint Powers Authority
Council Member Howard Miller
Council Finance Committee
Silicon Valley Clean Energy Authority Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
VTA State Route 85 Corridor Policy Advisory Board
VTA Board West Valley Cities Alternate
Council Member Rishi Kumar
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council was posted and available for review on August 12, 2016 at the City

of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at
www.saratoga.ca.us.
Signed this 12th day of August 2016 at Saratoga, California.
Crystal Bothelio, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us.
Any materials distributed by staff after the posting of the agenda are made available for public
review at the office of the City Clerk at the time they are distributed to the City Council. These
materials are also posted on the City website.
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in
this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting. [28 CFR 35.102-35.104 ADA title II]
08/17 Regular Meeting – 4:30 p.m. Closed Session, 6:00 p.m. Joint Meeting with Chamber of
Commerce and Destination Saratoga
09/07 Regular Meeting – 4:00 p.m. Closed Session, 5:00 p.m. Commission Interviews, 6:00 p.m. Joint
Study Session with Traffic Safety Commission
09/21 Regular Meeting – 4:30 p.m. Closed Session, 5:00 p.m. Joint Meeting with SASCC, 6:00 p.m.
Joint Meeting with Youth Commission
10/05 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center,
Saunders Room
10/19 Regular Meeting –5:00 p.m. Joint Meeting with Historical Foundation, 6:00 p.m. Joint Meeting
with Sheriff’s Office
11/02 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board of
Trustees
11/16 Regular Meeting – Joint Meeting with Senator Beall Jr.
12/07 Regular Meeting – Joint Meeting with Representative Low
12/20 Reorganization
12/21 Regular Meeting –Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL JOINT MEETING CALENDAR 2016

City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with the Saratoga Chamber of Commerce &
Destination Saratoga
August 17, 2016 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Welcome & Introductions
6:15 p.m. Chamber of Commerce Updates
6:30 p.m. Destination Saratoga Updates
6:45 p.m. Other Remarks & Wrap Up
Dinner will be provided at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint meeting attendees are invited to attend the Regular Session
and share an overview of the joint meeting.
5

MEETING DATE: August 17, 2016
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider, Deputy City Clerk
SUBJECT: Commendation Honoring Christopher Riordan
RECOMMENDED ACTION:
Present the Commendation honoring Christopher Riordan’s military service.
BACKGROUND:
Christopher Riordan has been an employee with the City of Saratoga since 2007. In August
2015, Chris was mobilized to active military status and deployed to Afghanistan. He served as
the Chief of the Coalition Support Cell. Chris returned to work in Saratoga in July 2016.
ATTACHMENTS:
Attachment A – Commendation Honoring Christopher Riordan
6

COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
CHRISTOPHER A. RIORDAN
WHEREAS, Christopher Riordan has been a City of Saratoga employee in the
Community Development Department as a Senior Planner since 2007; and
WHEREAS, Christopher was born in Poughkeepsie, New York and later moved to San
Jose with his parents and three siblings in 1968 when IBM transferred his father to California;
and
WHEREAS, after graduating from Gunderson High School, Christopher enlisted in the
United States Navy, completed basic training at Great Lakes Naval Training Center, and attended
Navy Meteorology School at Chanute Air Force Base in Rantoul, Illinois; and
WHEREAS, upon completion of training, Christopher was assigned for his six year
enlistment to the U.S.S Enterprise, a nuclear aircraft carrier that ported in Alameda, California;
and
WHEREAS, Christopher attended West Valley College in Saratoga and earned both a
Bachelor’s degree in Business Administration and Master’s degree in Urban and Regional
Planning from San Jose State University; and
WHEREAS, in 2001, Christopher received a Naval Officer Commission as an Ensign in
the Navy Reserves, where he served as a Supply Officer for various Navy units, including both
the Seabee and Cargo Handling Battalions; and
WHEREAS, Christopher currently holds the rank of Commander and is the Chief Staff
Officer for Surface Deployment and Distribution Command 320 located in Alameda, California;
and
WHEREAS, in August 2015, Christopher was mobilized to active duty military status and
deployed to Afghanistan as part of Operation Freedom’s Sentinel; and
WHEREAS, Christopher served as the Chief of the Coalition Support Cell for the United
States Forces-Afghanistan and in this position, he was responsible for fifteen Department of
Defense civilian and military members located at five bases throughout Afghanistan that provided
logistical support to troops from 42 coalition countries participating in Operation Freedom’s
Sentinel; and
WHEREAS, Christopher A. Riordan was released from active duty on June 26, 2016,
welcomed back by his wife Sherry and his daughter Emma, a freshman at Presentation High
School, and continued his work as a Senior Planner for the City of Saratoga on July 5, 2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby recognize Christopher A. Riordan for his exemplary military service for the United States
of America, as well as the sacrifices that he and his family have made, and welcome him back to
the City of Saratoga with the utmost gratitude for his service to our country.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 17th
day of
August 2016.
________________________
E. Manny Cappello, Mayor
City of Saratoga 7

PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for the Regular City Council Meeting on July 6, 2016.
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 July 6, 2016
8

Saratoga City Council Minutes – Page 1 of 10
MINUTES
WEDNESDAY, JULY 6, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the Saratoga City Council held a Closed Session in the Administrative Conference
Room at Saratoga City Hall at 13777 Fruitvale Avenue, Saratoga. At 6:00 p.m., the City Council
conducted a Joint Meeting with representatives of the Montalvo Arts Center.
At 7:04 p.m., Mayor Cappello called the regular session to order in the Civic Theater at 13777
Fruitvale Avenue, Saratoga and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Manny Cappello, Vice Mayor Emily Lo, Council Members
Mary-Lynne Bernald, Howard Miller, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
John Cherbone, Public Works Director
Mary Furey, Finance & Administrative Services Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Brian Babcock, Administrative Analyst II
Adam Henig, Recreation Supervisor
Debbie Bretschneider, Deputy City Clerk
REPORT ON POSTING OF THE AGENDA
City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted on
June 30, 2016.
REPORT FROM CLOSED SESSION
Mayor Cappello announced that there was nothing to report from Closed Session.
REPORT FROM JOINT MEETING
Angela McConnell, Executive Director of Montalvo Arts Center, provided an overview of the
City Council’s Joint Meeting with the Montalvo Arts Center. She shared that Montalvo
celebrated the opening of the Grand Entrance and Garden Terrace, thanked the City for its
partnership, and provided a summary of Montalvo’s summer programming and activities.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
ANNOUNCEMENTS
Council Member Kumar thanked Sarah Okuno for coordinating another successful Independence
Day Celebration and the Saratoga Village Development Council volunteers for the patriotic
9

decorations in Saratoga Village. He also noted that some residents have observed an odor in the
tap water, which is the result of an algae growth in the water supply before treatment. The Santa
Clara Valley Water District and San Jose Water Company are working on the issue. Residents
can report odor to San Jose Water Company at 408.630.2985. He also spoke about neighborhood
safety and recent crime activity, recommending that residents take precautions and follow crime
prevention best practices available. He also encouraged residents to form Neighborhood Watch
groups.
Council Member Miller noted that this quarter’s issue of The Saratogan included public safety
tips and he encouraged residents to purchase locking mailboxes that are tamperproof and to be
vigilant. He also shared that there are many classes and programs offered through the Saratoga
Recreation Activity Guide, including summer camps that still have spaces open.
Council Member Bernald announced that the Saratoga Historical Museum will be extending the
Olivia de Havilland exhibit till the end of the month. The Museum will also be opening a display
of 12 significant events in the history of Saratoga as determined by Willys Peck.
Vice Mayor Lo announced the Saratoga Classic Car Show on July 17, 2016 from 10:00 a.m. to
5:00 p.m. on Big Basin Way. On July 16, some of the car show entrants will be cruising through
Saratoga, Los Gatos, and Campbell starting from Big Basin Way.
Mayor Cappello announced the Movie Night event on July 15 at El Quito Park at 7:30 p.m. He
also shared that that the City Council is challenging residents to plant 2,020 trees by the year
2020 and is helping residents reach that goal by offering to pay for half the cost of planting a tree
through Our City Forest. Information is on the City website at www.saratoga.ca.us/2020by2020.
The City is also accepting applications for the Parks and Recreation Commission and the Library
Commission. Applications are due by August 30, 2016 and are available on the City website at
www.saratoga.ca.us/comvac.
CEREMONIAL ITEMS
Proclamation Honoring Olivia de Havilland’s 100th Birthday
Recommended Action:
Present the proclamation honoring Olivia de Havilland’s 100th birthday to Laurel Perusa.
Mayor Cappello presented the proclamation to Laurel Perusa, playing the part of Olivia de
Havilland.
Proclamation Declaring July 2016 as “Parks Make Life Better!” Month
Recommended Action:
Read and present the proclamation declaring July 2016 as “Parks Make Life Better!” Month
in the City of Saratoga.
Mayor Cappello presented the proclamation to Recreation Supervisor Adam Henig and
invited Ram Parasurama to share a story about his experience with Saratoga parks.
10

1. CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on June 15,
2016.
BERNALD/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE REGULAR CITY COUNCIL MEETING ON JUNE 15, 2016.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
06/14/2016 Period 12; 06/21/2016 Period 12; and 06/29/2016 Period 12.
BERNALD/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 06/14/2016
PERIOD 12; 06/21/2016 PERIOD 12; AND 06/29/2016 PERIOD 12. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended April 30, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended April 30, 2016.
BERNALD/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED APRIL 30, 2016. MOTION PASSED. AYES:
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
1.4. Treasurer’s Report for the Month Ended May 31, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended May 31, 2016.
BERNALD/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED MAY 31, 2016. MOTION PASSED. AYES:
NONE. ABSENT: NONE.
11

1.5. Resolution to Establish Property Tax Levy for Debt Service Payments on the Library
General Obligation Bonds
Recommended Action:
Adopt the attached resolution which sets the property tax levy rate to provide for the
Library General Obligation Bond's debt service payment at $.0060 per $100 of
Assessed Valuation.
RESOLUTION NO. 16-046
BERNALD/KUMAR MOVED TO APPROVE THE RESOLUTION WHICH
SETS THE PROPERTY TAX LEVY RATE TO PROVIDE FOR THE
LIBRARY GENERAL OBLIGATION BOND'S DEBT SERVICE PAYMENT
AT $.0060 PER $100 OF ASSESSED VALUATION. MOTION PASSED. AYES:
NONE. ABSENT: NONE.
1.6. Resolution Authorizing Final Disposition of Certain City Records
Recommended Action:
Adopt resolution authorizing final disposition of certain city records.
BERNALD/KUMAR MOVED TO APPROVE THE RESOLUTION
AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.7. Amendments to Joint Powers Agreement for the Silicon Valley Regional
Interoperability Authority
Recommended Action:
Move to authorize the City Manager to sign the amended Joint Powers Agreement
(JPA) for the Silicon Valley Regional Interoperability Authority (SVRIA).
BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN THE AMENDED JOINT POWERS AGREEMENT (JPA) FOR THE
SILICON VALLEY REGIONAL INTEROPERABILITY AUTHORITY
(SVRIA). MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.8. Agreement for Employment and Labor Law Services with Mouser Law Firm, A
Professional Corporation
Recommended Action:
Authorize the City Manager to enter into an agreement for employment and labor law
services with Mouser Law Firm, A Professional Corporation.
BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR EMPLOYMENT AND LABOR LAW
SERVICES WITH MOUSER LAW FIRM, A PROFESSIONAL
CORPORATION. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 12

1.9. Annual Code Update for 2016 and Adoption of Resolution Allowing 15 Minute
Parking at the Turkey Track Lane Electric Vehicle Charging Station
Recommended Action:
Waive the second reading and adopt the attached ordinance updating various
provisions of the City Code and adopt the attached resolution allowing 15 minute
parking at the Turkey Track Lane electric vehicle charging station in accordance with
the newly adopted code provisions.
ORDINANCE NO. 340
MOTOR VEHICLE RESOLUTION NO.312
BERNALD/KUMAR MOVED TO WAIVE THE SECOND READING AND
ADOPT THE ORDINANCE UPDATING VARIOUS PROVISIONS OF THE
CITY CODE AND ADOPT THE RESOLUTION ALLOWING 15 MINUTE
PARKING AT THE TURKEY TRACK LANE ELECTRIC VEHICLE
CHARGING STATION IN ACCORDANCE WITH THE NEWLY ADOPTED
CODE PROVISIONS. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.10. Request for Reallocation of Community Event Grant Funds from Montalvo Arts
Center
Recommended Action:
Reallocate $3,704 in Community Event Grant Program funding from Montalvo Arts
Center’s “Arts Splash” to “5-Hour Sculpture: A Pop-Up Arts Festival.”
BERNALD/KUMAR MOVED TO REALLOCATE $3,704 IN COMMUNITY
EVENT GRANT PROGRAM FUNDING FROM MONTALVO ARTS
CENTER’S “ARTS SPLASH” TO “5-HOUR SCULPTURE: A POP-UP ARTS
FESTIVAL.” MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
1.11. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewal
of the District for FY 17-18.
Recommended Action:
1. Move to adopt the Resolution describing improvements and directing preparation
of the Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
Council Member Kumar removed this item to comment upon use of assessment
districts to install surveillance cameras.
City Manager James Lindsay addressed City Council questions on the agenda item.
13

BERNALD/MILLER MOVED TO ADOPT: 1) THE RESOLUTION
DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF
THE ENGINEER’S REPORT; AND 2) THE RESOLUTION APPOINTING
THE ATTORNEY’S FOR THE DISTRICT. MOTION PASSED. AYES:
NONE. ABSENT: NONE.
1.12. Landscaping and Lighting Assessment District Annexation No. 1 for Fiscal Year
2017/18 – Zone No. 38 (Paramount Court) – Preliminary approval of Engineer’s
Report for Annexation and Adoption of Resolution of Intention for Fiscal Year
2017/18
Recommended Action:
1. Move to adopt the Resolution granting preliminary approval of the Engineer’s
Report for the City of Saratoga Landscaping and Lighting District LLA-1,
Annexation No. 1 (Zone No. 38 - Paramount Court) for F.Y. 2017/18.
2. Move to adopt Resolution of Intention to order the levy and collection of
assessments for the City of Saratoga Landscaping and Lighting District LLA-1,
Annexation No. 1 (Zone No. 38 – Paramount Court) for F.Y. 2017/18.
BERNALD/KUMAR MOVED TO ADOPT: 1) THE RESOLUTION GRANTING
PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR THE
CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1,
ANNEXATION NO. 1 (ZONE NO. 38 - PARAMOUNT COURT) FOR F.Y.
2017/18; AND 2) THE RESOLUTION OF INTENTION TO ORDER THE
LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF
SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1,
ANNEXATION NO. 1 (ZONE NO. 38 – PARAMOUNT COURT) FOR F.Y.
2017/18. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, KUMAR.
NOES: NONE. ABSTAIN: MILLER. ABSENT: NONE.
1.13. Motor Vehicle Resolutions Establishing Parking Restrictions on Prospect Road (Near
Via Roncole) and Melinda Circle (Near Kristy Lane)
Recommended Action:
1. Adopt Motor Vehicle Resolution establishing parking restriction on Prospect Road
at Via Roncole.
2. Adopt Motor Vehicle Resolution establishing parking restriction on Melinda Circle
at Kristy Lane.
MOTOR VEHICLE RESOLUTION NO. 313
MOTOR VEHICLE RESOLUTION NO. 314
14

BERNALD/KUMAR MOVED TO ADOPT: 1) THE MOTOR VEHICLE
RESOLUTION ESTABLISHING PARKING RESTRICTION ON PROSPECT
ROAD AT VIA RONCOLE; AND 2) THE MOTOR VEHICLE RESOLUTION
ESTABLISHING PARKING RESTRICTION ON MELINDA CIRCLE AT
KRISTY LANE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
2. PUBLIC HEARING
2.1. Confirmation of Report and Assessment of Weed/Brush Abatement Program
Recommended Action:
Open public hearing, accept public testimony, close public hearing, and adopt
resolution confirming report and assessment of hazardous vegetation abatement
charges.
Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report.
Moe Kumre, Santa Clara County Weed Abatement Program Manager, addressed
questions from the City Council.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/LO MOVED TO ADOPT RESOLUTION CONFIRMING REPORT
AND ASSESSMENT OF HAZARDOUS VEGETATION ABATEMENT
CHARGES. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
2.2. Ordinance Amending Smoking and Tobacco Retailer Regulations
Recommended Action:
Conduct public hearing; introduce and waive the first reading of the ordinance
amending Article 4-90 Tobacco Retailer License and Article 7-35 Regulation of
Smoking in Certain Places; and direct staff to place the ordinance on the Consent
Calendar for adoption at the next regular City Council Meeting.
Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report.
The following people requested to speak:
Lisa Busse
Carol Baker, American Cancer Society Cancer Action Network
Nidhi Badiyani, Breathe California 15

No one else requested to speak.
BERNALD/LO MOVED TO WAIVE THE FIRST READING OF THE
ORDINANCE AMENDING ARTICLE 4-90 TOBACCO RETAILER LICENSE
AND ARTICLE 7-35 REGULATION OF SMOKING IN CERTAIN PLACES;
AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT
CALENDAR FOR ADOPTION AT THE NEXT REGULAR CITY COUNCIL
MEETING. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Quarterly Communications Report
Recommended Action:
Approve the theme for the 2016 Fall Saratogan and provide direction on articles,
provide direction on three online survey topics, and approve topics and hosts for the
City’s Video Program for the second quarter of Fiscal Year 2016/17.
Brian Babcock, Administrative Analyst II, presented the staff report on the item.
Mayor Cappello invited public comment.
Council Member Miller suggested a video on the City’s tree permit process. He also
recommended tracking download rates of the Saratogan from different sources, such
as the City’s email to subscribers or Nextdoor. He also commented that many residents
may not be familiar with the City’s Commissions, so the purpose of the survey on
Commissions should be to educate residents about Commissions. Council Member
Miller suggested that the article on fire prevention include information on the
weed/brush abatement program.
Mayor Cappello commented that he liked the proposed theme of the Saratogan.
Council Member Bernald said she liked the listing of activities. She suggested that the
video on the Prospect Road Median Project include b-roll footage showing the
roadway before improvements.
Council Member Kumar suggested that the newsletter include information about La
Niña and ongoing drought conditions.
16

MILLER/BERNALD MOVED TO AMENDED VIDEO TOPICS FOR THE
FIRST QUARTER OF THE FISCAL YEAR TO A GENERAL OVERVIEW OF
THE PLANNING COMMISSION/PUBLIC HEARING PROCESS AND 2020
BY 2020 TREE PLANTING CHALLENGE; AND AUTHORIZED VIDEOS ON
THE PROSPECT ROAD MEDIAN PROJECT AND TREE PERMIT PROCESS
FOR THE SECOND QUARTER OF FISCAL YEAR 2016/17. MOTION
4.2. Designation of League of California Cities Annual Conference Voting Delegate and
Alternates
Recommended Action:
Designate the City of Saratoga voting delegate and alternative voting delegate(s) for
the 2016 League of California Cities Annual Conference.
Mayor Cappello introduced the item.
MILLER/BERNALD MOVED TO DESIGNATE VICE MAYOR LO AS THE
CITY OF SARATOGA VOTING DELEGATE, COUNCIL MEMBER
BERNALD AS THE FIRST VOTING DELEGATE ALTERNATE, AND
COUNCIL MEMBER KUMAR AS THE SECOND VOTING DELEGATE
ALTERNATE FOR THE 2016 LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Saratoga Area Senior Coordinating Council (SASCC) – the next meeting is on July 27, 2016.
West Valley Mayors and Managers – the next meeting will be July 22, 2016.
Vice Mayor Emily Lo
Hakone Foundation Board & Executive Committee – With the Hakone Master Plan approved by
the City Council and Hakone Foundation, the Board is now discussing how to proceed with the
implementation of the master plan. Consequently, the Board will be creating a fundraising plan
that will include naming opportunities within the park that will be coming before the City
Council later this year. Additionally, the Centennial Gala will take place on September 18 from
5:00 p.m. to 9:30 p.m.
Council Member Mary-Lynne Bernald
Association of Bay Area Governments – the ABAG/MTC merger continues to move forward. On
June 22, MTC approved an implementation plan for the merger.
FAA Select Committee on South Bay Arrivals – three public outreach meetings have been held
and at least 600 people were in attendance at the meeting in Mountain View. In July, the
Committee will be meeting with experts from the FAA and may also meet with outside experts
that can provide information on ways to address noise concerns that have been raised. When the
17

Committee was originally formed it was expected to operate through July and it now appears that
the work of the Committee will not conclude until October.
VTA State Route 85 Corridor Policy Advisory Board – Council Member Bernald attended the
meeting on behalf of Council Member Miller. The Board provided recommendations on the final
sales tax measure ballot language and discussed noise mitigation testing locations on State Route
85. Saratoga is currently listed as one of the testing locations.
Council Member Howard Miller
Silicon Valley Clean Energy Authority Board of Directors – the Authority now has an executive
director that brings excellent experience. The next step in the development is to build the
organization and hire employees. If everything goes according to plan, customers in Saratoga
might start transitioning to Silicon Valley Clean Energy by spring 2017.
Council Member Rishi Kumar
Council Member Kumar reported he has been working with Santa Clara Valley Water District
and San Jose Water Company on addressing the issue of odor coming from tap water in
Saratoga. The water is safe to drink, but residents can contact San Jose Water Company at
408.279.7900 to report odors or request water quality testing. Additionally, the Water District
has reduced water conservation targets from 30% to 20%. Effective July 1, there will be minor
changes to water conservation rules for residents. Council Member Kumar also noted that he
attended a nationwide White House briefing on a variety of policy areas, such as education.
CITY COUNCIL ITEMS
Mayor Cappello announced that the July 20, 2016 and August 3, 2016 City Council Meetings
have been cancelled. The next City Council Meeting will be August 17, 2016.
CITY MANAGER'S REPORT
None
ADJOURNMENT
BERNALD/MILLER MOVED TO ADJOURN THE MEETING AT 9:18 P.M. MOTION
Minutes respectfully submitted:
City of Saratoga
18

Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
7/5/2016 Period 13 07/19/2016 Period 13 08/02/2016 Period 13
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
7/5/16 131100 131144 45 102,727.27 07/06/16 06/29/16 131099
7/5/16 131145 131166 22 34,523.66 07/06/16 07/05/16 131144
Accounts Payable 7/14/16 131167 131197 31 308,458.17 07/14/16 07/05/16 131166
7/14/16 131198 131229 32 214,901.28 07/17/16 07/14/16 131197
7/19/16 131230 131252 23 61,010.65 07/19/16 07/14/16 131229
7/19/16 131253 131271 19 21,980.26 07/19/16 07/19/16 131252
7/26/16 131272 131290 19 12,676.78 07/26/16 07/19/16 131271
7/26/16 131291 131329 39 229,586.23 07/26/16 07/26/16 131290
8/9/16 131403 131459 57 114,130.97 08/09/16 08/09/16 131402
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept. Amount
07/05/16 131134 PW 21,128.59
07/05/16 131135 CM 25,000.00
07/14/16 131173 PW 162,298.16
07/14/16 131188 FAC 21,559.00
07/14/16 131191 Various 36,989.77
07/14/16 131198 Various 133,537.00
07/26/16 131327 General PW Clean Water Program 180,239.50
08/02/16 131370 SCC Office of the Sheriff General PS 431,347.75
08/09/16 131454 Vedapuram Achutharaman CDD 24,850.00
Various
Fuel Reduction
Legal
Accounts Payable
San Jose Water
Fund Purpose
2016 PMP Project
General
CIP 2016 PMP Project
CIP-Window Rplcmnt City Hall Windows
Water (Utilities)
Santa Clara Fire Safe Council
G. Bortolotto & Company
Roxy Glass, Inc.
DEPARTMENT: Finance & Administrative Services
PREPARED BY:
Ending
Check #
Accounts Payable
Accounts Payable
Accounts Payable
Accounts Payable
Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
Accounts Payable
Shute Mihaly & Weinberger General
Liability InsuranceABAG Plan Corporation Liab/Risk Management
Law Enforcement
Bond ReleaseGeneral
West Valley Sanitation
Prior Check Register
Checks
Released
Total
Checks Amount
19

Accounts Payable checks voided during this time period:
AP Date Check # Amount
07/14/16 131210 Re-issue check 2,292.00
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Issued to
La Oferta Review
Reason Status
Vendor changed Name
20

PREPARED BY: Crystal Bothelio, City Clerk/Assistant to the City Manager
SUBJECT: Second Reading of Ordinance Amending Smoking and Tobacco Retailer
Regulations
RECOMMENDED ACTION:
Waive the second reading and adopt the ordinance amending Article 4-90 Tobacco Retailer
License and Article 7-35 Regulation of Smoking in Certain Places.
BACKGROUND:
At the July 6, 2016 Meeting, the City Council introduced and waived the first reading of the
attached ordinance amending Article 4-90 Tobacco Retailer License and Article 7-35 Regulation
of Smoking in Certain Places of the City Code. If adopted, the ordinance would align tobacco
retailer license location restrictions for new retailers with those location restrictions in City Code
Section 15-80.130 and prohibit smoking in the common areas of multifamily housing complexes,
in new apartment complexes, at outdoor events with children, 20 feet from entryways, in all
outdoor dining areas, in all service areas, and in all outdoor worksites.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice advertising the public hearing on July 6, 2016 was printed in the Saratoga News on June
24, 2016. Additionally, though not required, the City mailed notices to Saratoga businesses and
multifamily residents the week of June 20. Emails were also sent by the Saratoga Chamber of
Commerce to Chamber members and information about the proposed ordinance was posted on the
City website and on Nextdoor.com.
A summary of the ordinance was also printed in the Saratoga News on August 12, 2016 and
another summary will be printed on August 26, 2016, if the ordinance is adopted.
ATTACHMENTS:
Attachment A – Ordinance
Attachment B – Written Communications
64

ORDINANCE NO. _____
AN ORDINANCE AMENDING ARTICLES 4-90 AND 7-35 OF THE CITY CODE TO MODIFY
TOBACCO RETAILER LICENSING REGULATIONS AND INCREASE
SMOKE-FREE ENVIRONMENTS IN THE CITY OF SARATOGA
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. Approximately 480,000 people die prematurely in the United States from smoking-related
diseases every year, making tobacco use the nation’s leading cause of preventable death.
2. Secondhand smoke has been identified as a health hazard numerous times and the U.S. Surgeon
General’s has concluded that there is no risk-free level of exposure to secondhand smoke.
3. Exposure to secondhand smoke has negative impacts and exposure to secondhand smoke can
occur at significant levels both indoors and outdoors, depending on direction and amount of wind
and number and proximity of smokers.
4. The City Council of the City of Saratoga wishes to increase the number of smoke-free
environments in Saratoga and encourage responsible retailing of tobacco products, paraphernalia,
and electronic smoking devices.
5. The ordinance furthers efforts to promote responsible retailing of tobacco products and limit the
exposure of sensitive populations to those products by adding location requirements for new
tobacco retailers.
6. This ordinance creates additional smoke-free environments by establishing regulations for
common areas of multifamily housing complexes, new apartment complexes, outdoor events
attended by children, entryways, outdoor dining areas, service areas, and outdoor worksites.
7. The City Council of the City of Saratoga held a duly noticed public hearing on July 6, 2016, and
after considering all testimony and written materials provided in connection with that hearing
introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Attachment A. Text to be added is indicated in
bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g.,
strikeout). Text in standard font is readopted by this Ordinance.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and
phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-
paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-
paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and
65

further declares its express intent that the remaining portions of this ordinance should remain in effect after
the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only
to projects which have the potential of causing a significant effect on the environment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant effect on
the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing
City Code and related sections and additions of provisions and reference appendices to the existing Code;
the amendments and additions would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga
within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of
the City Council of the City of Saratoga held on the 6th
day of July 2016 and was adopted by the following
vote on August 17, 2016.
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
66

ATTACHMENT A
Article 4-90 - TOBACCO RETAILER LICENSE
4-90.010 - Purpose.
This Article is intended to set forth a local licensing process for tobacco retailers to ensure
compliance with City business standards and practices; encourage responsible retailing of tobacco
products and electronic smoking devices; discourage violations of laws related to tobacco products
and electronic smoking devices, especially those laws that prohibit or discourage sale or
distribution of tobacco products or electronic smoking devices to minors; and, protect the public
health, safety, and welfare. This Article does not expand or reduce the degree to which the acts
regulated by federal or state law are criminally proscribed or alter the penalties provided by such
laws.
4-90.020 - Definitions.
(a) Electronic smoking device means an electronic and/or battery-operated device, the use of
which may resemble smoking, which can be used to deliver an inhaled dose of vapors
including nicotine or other substances. "Electronic smoking device" includes any such device,
whether it is manufactured, distributed, marketed, or sold as an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaporizer or any
other product name or description. "Electronic smoking device" does not include any product
specifically approved by the United States Food and Drug Administration for the use in the
mitigation, treatment, or prevention of disease.
(b) Paraphernalia means cigarette papers or wrappers, pipes, holders of smoking materials of all
types, rolling machines, and any other item designed for smoking or for ingestion of tobacco
products.
(c) Person means any natural person, partnership, cooperative association, private corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
(d) Retailer means any person who sells, exchanges, or offers to sell or exchange, for any form of
consideration, tobacco products, paraphernalia, or electronic smoking devices. "Retailing"
shall mean the doing of any of these things whether exclusively or in conjunction with any
other use. The definition of a retailer is without regard to the quantity of tobacco products,
paraphernalia, or electronic smoking devices sold, exchanged, or offered for sale or exchange.
(e) Self-service display means the open display or storage of tobacco products, paraphernalia, or
electronic smoking devices in a manner that is physically accessible in any way to the direct
general public without the assistance of the retailer or employee of the retailer and a direct
person-to-person transfer between the purchaser and the retailer or employee of the retailer.
(f) Smoking means engaging in an act that generates smoke from any substance, including, but
not limited to: possessing a lighted pipe, lighted hookah pipe, an operating electronic smoking
device, a lighted cigar, or a lighted cigarette or any kind; or lighting or igniting of a pipe, cigar,
hookah pipe, or cigarette or any kind.
(gf) Tobacco product means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco,
snus, bidis, or any other preparation of tobacco (such as flavored tobacco); and any product
or formulation of product containing biologically active amounts of nicotine that is
manufactured, sold, offered for sale, or otherwise distributed with the expectation that the
67

product or matter will be introduced into the human body, but does not include any cessation
product specifically approved by the United States Food and Drug Administration for use in
treating nicotine or tobacco dependence.
(hg)Tobacco retailer license is a license issued pursuant to this Article.
4-90.030 - License required.
It shall be unlawful for any person to act as a retailer in the City of Saratoga after September
30, 2015, without first obtaining and maintaining a valid tobacco retailer license pursuant to this
Article for each location at which the activity is to occur.
4-90.040 - Regulations and prohibitions.
(a) Lawful business operation. It shall be a violation of this Article for any retailer to violate any
local, state, or federal law applicable to tobacco products, electronic smoking devices, or the
retailing of such products.
(b) Location. Retailing activities shall be conducted at a fixed location and within an enclosed
area of a commercial premises accessible to the general public during the hours of business
operation. No tobacco retailers established after September 16, 2016 shall be granted a
Tobacco Retailer License for a location which is: within five hundred feet of a site
occupied by another tobacco retailer; within one thousand feet of a site occupied by a
public or private elementary, middle, or high school; or within one thousand feet of a
site occupied by a City Park. All distances shall be measured in a straight line from the
point on the parcel boundary of the proposed tobacco retailer location nearest to the
subject use (i.e. existing tobacco retailer, school, or park) to the nearest point on the
parcel boundary of the subject use. Notwithstanding the foregoing, a tobacco retailer
license may be issued for use of a location for which a tobacco retailer license was in
effect prior to September 16, 2016 and within ninety (90) days of the date of the
application for the new tobacco retailer license.
(c) Display of license. Each tobacco retailer license shall be prominently displayed in a publicly
visible place at the licensed location.
(d) License nontransferable. A tobacco retailer license may not be transferred from one person to
another or from one location to another. Whenever a new person obtains possession of a ten
percent or greater interest in the stock, assets, or income of a business (other than a security
interest for the repayment of debt) for which a tobacco retailer license has been issued, a new
license shall be required.
(e) False and misleading advertising prohibited. A retailer either without a valid tobacco retailer
license or with a suspended license shall not display any tobacco products, paraphernalia, or
electronic smoking devices nor display any advertisement that promotes the sale or
distribution of such products from the retailer's location or that could lead a reasonable
consumer to believe that tobacco products, paraphernalia, or electronic smoking devices can
be obtained at that location.
(f) Minimum age for purchase. No retailer shall sell, give, or otherwise transfer tobacco product,
paraphernalia, or electronic smoking devices to a person under eighteen years of age the
minimum age for purchase as set by State law.
(g) Positive identification required. No retailer shall sell, give, or otherwise transfer tobacco
product, paraphernalia, or electronic smoking devices to another person who appears to be
under thirty years of age without first examining the customer's identification to confirm that
68

the customer is at least eighteen years of age the minimum age for purchase as set by State
law.
(h) Minimum age for engaging in tobacco sales. No retailer may employ or otherwise allow a
person under eighteen years of age the minimum age for purchase as set by State law of
tobacco products to sell, give, or otherwise transfer to customers tobacco product,
paraphernalia, or electronic smoking devices.
(i) Limitation on storefront advertising. Storefront advertising shall comply with Article 15-30
of this Code and all advertising and signage shall be placed and maintained in a manner that
ensures that law enforcement personnel have a clear and unobstructed view of the interior of
the premises, including the area in which the cash registers are maintained, from the exterior
public sidewalk or entrance to the establishment. However, this shall not apply to an
establishment where there are no windows or where existing windows are located at a height
that preclude view of the interior of the premises by a person standing outside the premises.
(j) Vending machines prohibited. No tobacco product, paraphernalia, or electronic smoking
device shall be sold, offered for sale, or distributed to the public from a vending machine or
appliance, or any other coin- or token-operated mechanical device designed or used for
vending purposes, including, but not limited to, machines or devices that use remote control
locking mechanisms.
(k) Self-service displays prohibited. No tobacco product, paraphernalia, or electronic smoking
device shall be sold, offered for sale, or distributed to the public from a self-service display.
(l) Limited, conditional privilege. Nothing in this Article shall be construed to grant any person
obtaining and maintaining a tobacco retailer license any status or right other than the limited,
conditional privilege to act as a retailer at the location in the City identified on the face of the
license.
4-90.045 - Application procedure.
(a) All applications for a tobacco retailer license shall be submitted on a form supplied by the
City of Saratoga.
(b) Any person holding a tobacco retailer license shall inform the City in writing of any change
in the information submitted on an application for such license within fourteen calendar days
of a change.
(c) All information specified in an application shall be subject to disclosure under the California
Public Records Act or any other applicable law.
(d) It is the responsibility of each retailer to be informed of all laws applicable to retailing,
including those laws affecting the issuance of a tobacco retailer license. No retailer may rely
on the issuance of a tobacco retailer license as a determination by the City that the retailer has
complied with all laws applicable to retailing. A tobacco retailer license issued contrary to
this Article, to any other law, or on the basis of false or misleading information supplied by a
retailer shall be revoked.
4-90.050 - Issuance of license.
(a) Upon receipt of a complete application for a tobacco retailer license and the application and
license fees, the City shall issue a license, unless substantial evidence demonstrates that one
or more of the following basis bases for denial exist:
(1) The information presented in the application is inaccurate or false.
69

(2) The application seeks authorization for retailing by a person to whom this Article
prohibits issuance of a tobacco retailer license.
(3) The application seeks authorization for retailing at a location or in some other manner
that is prohibited pursuant to this Article or that is unlawful pursuant to any other law.
(b) A tobacco retailer license shall be revoked if the City finds that one or more of the bases for
denial of a license under this section existed at the time the application was made or at any
time before the license was issued. Such a revocation shall be without prejudice to the filing
of a new license application.
(c) A decision to deny issuance of a tobacco retailer license or to revoke such a license that has
been wrongly issued may be appealed pursuant to Section 4-90.100 of this Article.
4-90.060 - License term, renewal, expiration, and fees.
(a) Term of license. The term of a tobacco retailer license is one year. A license is invalid thirty
days after the expiration date of the license.
(b) Renewal of license. The City shall renew a valid tobacco retailer license upon timely payment
of the annual license fee. A license may not be renewed more than three months ninety days
after its expiration.
(c) Issuance of license after revocation or expiration of license. To apply for a new tobacco
retailer license more than three months ninety days after expiration of a tobacco retailer
license or following revocation of a tobacco retailer license that was wrongly issued, a retailer
must submit a complete application for a license, along with the application fee and annual
license fee.
(d) Fee for new licenses and renewals. The fees to apply for and issue or renew a tobacco retailer
license shall be established from time to time by resolution of the City Council. The fees shall
be calculated so as to recover any amount up to the cost of administration of this Article,
including, for example, issuing a license, administering the program, and monitoring
compliance. Fees shall not exceed the cost of the program authorized by this Article. Fees are
nonrefundable except as may be required by law. A retailer license may not be issued or
renewed until full payment of any applicable fees is made.
4-90.070 - Enforcement.
(a) Any peace officer may enforce the penal provisions of this Article. The City Manager may
designate any number of additional persons to monitor compliance with this Article.
(b) The City shall not enforce any law establishing a minimum age for tobacco product,
paraphernalia, or electronic smoking device purchases or possession against a person who
otherwise might be in violation of such law because of the person's age if the violation occurs
when:
(1) The purchaser (hereinafter referred to as "youth decoy") is participating in a compliance
check supervised by a peace officer or designated official of the City;
(2) The youth decoy is acting as an agent of a person designated by the City to monitor
compliance with this Article; or
(3) The youth decoy is participating in a compliance check funded in part, either directly or
independently through subcontracting, by the County or the State of California.
(c) Any violation of this Article is hereby declared to be a public nuisance.
(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article
shall also constitute a violation of this Article.
70

(e) For purpose of this Article, each day on which a tobacco product, paraphernalia, or electronic
smoking device is offered for sale in violation of this Article constitutes a separate violation.
(f) Violations of this Article shall be subject to issuance of administrative citations pursuant to
Article 3-30 and suspended from holding or receiving a tobacco retailer license as follows:
(1) First citation within one year. For up to thirty calendar days from the date of violation, no
tobacco retailer license shall be issued and any existing license shall be suspended.
(2) Second or subsequent citations within one year. For up to one year from the date of
violation, no tobacco retailer license shall be issued and any existing license shall be
revoked.
(g) Notwithstanding any other provisions of this Article, prior violations of this Article at a
location shall continue to be counted against a location and license ineligibility and suspension
periods shall continue to apply to a location unless:
(1) One hundred percent of the interest in the stock, assets, or income of the business, other
than security interest for the repayment of debt, has been transferred to one or more new
owners; and
(2) The City is provided clear and convincing evidence that the transfer was pursuant to an
arm's length transaction in good faith between two or more informed and willing parties,
neither of which is under any compulsion to participate in the transaction. A sale between
relatives, related companies or partners, or a sale for which a significant purpose is to
avoid the effect of the violations of this Article is not an arm's length transaction.
4-90.100 - Appeals.
(a) Request for hearing. A decision to deny issuance of a tobacco retailer license or to revoke a
tobacco retailer license that has been wrongly issued may be appealed to the City Manager,
subject to the following requirements and procedures.
(1) All appeals must be submitted in writing to the City Clerk no later than fifteen calendar
days after receipt of notice of the appealed action. If such an appeal is made, it shall stay
enforcement of the appealed action.
(2) No later than fifteen calendar days after receipt of the appeal, the City Manager shall set
an appeal hearing at the earliest practicable time. The City Clerk shall give notice of the
hearing to the parties at least ten calendar days before the date of the hearing.
(b) Conduct of hearing. Hearings pursuant to this Article shall be conducted pursuant to
procedures adopted by the City Manager. Strict rules of evidence shall not apply. Any relevant
evidence may be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely on in the conduct of serious affairs.
(c) City Manager's decision. All parties shall be given written notice of the City Manager's
decision within fifteen business days of the hearing. The decision of the City Manager shall
be supported by the weight of the evidence. The decision of the City Manager shall be final
and shall not be subject to appeal to the City Council.
(d) Appellant's failure to appear at hearing. Failure of the appellant to appear at a hearing shall be
considered a withdrawal of the request for a hearing and the decision being appealed shall
remain in effect.
71

Article 7-35 - REGULATION OF SMOKING IN CERTAIN PLACES
7-35.010 - Findings and purposes of Article.
(a) The City Council finds and determines that there is an overwhelming body of evidence
indicating the adverse effects of tobacco smoke on the health and physical comfort of
people. The purposes of this Article are to protect the public health and welfare by
prohibiting or regulating smoking in certain places and to strike a reasonable balance
between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-
free air, and to recognize that where these needs conflict, the need to breathe smoke-free
air shall have priority.
(b) The City recognizes that smoking is regulated by the State. Nothing herein is
intended to conflict with State law. Where there is a conflict between this Code and
State law, the more restrictive of the two shall apply.
7-35.020 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them in this Section, unless the context or the provision clearly requires
otherwise:
(a) Bar means an area or a room utilized primarily for the sale or serving of alcoholic
beverages for immediate consumption by guests on the premises and in which the sale or
serving of food is merely incidental to the consumption of such beverages. Although a
restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.
(ab)Dining area means an enclosed area containing tables or counters open to the public and
designed, established, or regularly used for consuming food or drink regardless if
located on public or private property. upon which meals are served for immediate
consumption by guests on the premises.
(c) Enclosed means closed in by a roof and by walls on at least three sides.
(b) Multifamily Development means two or more units with one or more shared or
abutting walls, floors, ceilings, or shared ventilation systems, including but not
limited to condominiums, duplexes, triplexes, or larger structures whether owner
occupied or rental.
(c) Multifamily Residence Common Area means every area of a multifamily
developments that residents of that development are entitled to enter or use,
including, but not limited to, halls and paths, lobbies and courtyards, elevators and
stairs, community rooms and playgrounds, gym facilities and swimming pool areas,
parking garages and parking lots, shared restrooms, shared laundry rooms, shared
cooking areas, and shared eating areas.
(d) Multifamily Apartment Complex means a multifamily development with four or
more units on the same parcel and owned and let by or on behalf of the same owner,
not including a hotel.
(d) Open to the public means an enclosed area which is available for use by or accessible to
the general public during normal course of business conducted by either public or private
entities.
(e) Restaurant means any establishment which gives, sells or offers for sale to the public any
food for immediate consumption on the premises. The term includes, but is not limited
to, any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, cocktail lounge,
72

sandwich stand, soda fountain, public or private lunchroom or dining room. A tavern or
cocktail lounge which constitutes a "bar," as defined in subsection (a) of this Section,
shall not be considered a restaurant.
(f) Retail tobacco store means a retail establishment engaged primarily in the sale of tobacco
products and tobacco accessories and the sale of other products is merely incidental.
(g) Service area means any area open to the public, whether publicly or privately owned
area, designed or regularly used by one or more person(s) to receive or wait to
receive goods, services, enter a public place, or make a transaction, whether or not
such service includes exchange of money. Service areas include, but are not limited
to information kiosks, bus stops, lines of automated teller machines, public
telephones, and ticket purchase kiosks.
(g) Smoke or smoking means inhaling, exhaling, burning or carrying any lighted tobacco
product or other combustible weed, plant or substance.
(h) Smoke means the gases, particles, or vapors released into the air as a result of
combustion, electrical ignition or vaporization, when the apparent or usual purpose
of the combustion, electrical ignition or vaporization is human inhalation of the
byproducts, except when the combusting or vaporizing of materials contains no
tobacco or nicotine and the purpose of the inhalation is solely olfactory, such as, for
example, smoke from incense. The term “smoke” includes, but is not limited to,
tobacco smoke, electronic cigarette vapors, and marijuana smoke.
(i) Smoking means engaging in an act that generates smoke, such as for example:
possessing a lighted pipe, lighted hookah pipe, an operating electronic cigarette, a
lighted cigar, or a lighted cigarette of any kind; or lighting or igniting of a pipe,
cigar, hookah pipe, or cigarette of any kind.
(hj) Workplace means an enclosed area of a structure or portion thereof which is utilized
primarily for the conduct of a business or other enterprise including, but not limited to
outdoor workplaces such as construction sites.
7-35.030 - Smoking prohibited.
It shall be unlawful to smoke in any of the following places within the City:
(a) Restaurants. Smoking is prohibited in all interior restaurant spaces and dining areas.
Smoking in outdoor seating areas is not prohibited by this Section.
(b) Elevators. Smoking is prohibited in all elevators in buildings open to the public, including
elevators in office, hotel and apartment buildings irrespective of the number of units
within such buildings.
(c) Health care facilities. Smoking is prohibited in all areas open to the public, including
lobbies, waiting rooms and hallways, within any public or private hospital, clinic, medical
office, nursing or convalescent home or other health care facility. If the facility contains
a cafeteria or other form of restaurant, as defined in Section 7-35.020(e), such restaurant
shall comply with the regulations set forth in subsection (a) of this Section. Smoking is
further prohibited in any room occupied by two or more patients of a health care facility
described herein, unless all patients within the room are smokers and request in writing
upon the health care facility's admission forms to be placed in a room where smoking is
permitted.
(d) Public meeting rooms. Smoking is prohibited in meeting rooms, hearing rooms,
conference rooms, chambers and other enclosed places of public assembly in which the
73

business of the City is conducted by any elected or appointed official, council,
commission, committee, or board which requires or permits direct participation or
observation by the general public.
(e) Public lobbies and hallways. Smoking is prohibited in lobbies, hallways and other
enclosed areas of City owned or controlled buildings which are open to the public.
(f) Theaters and auditoriums. Smoking is prohibited within all parts of any building which
is used primarily for exhibiting any motion picture, stage drama, performance or other
similar performance, which parts are open to the public, and within any room, hall or
auditorium that is occasionally used for exhibiting any motion picture, stage drama,
dance, musical performance, or other similar performance during the time that said room,
hall or auditorium is open to the public for such exhibition; provided, however, that
smoking is permitted on a stage when such smoking is part of a stage production.
(g) Museums, libraries and galleries. Smoking is prohibited in all areas of museums, libraries,
and galleries which are open to the public.
(h) Hotel and motel lobbies common areas. Smoking is prohibited in all areas except Except
as permitted in Section 7-35.050 smoking is prohibited in all areas of a hotel or motel
that guests are entitled to enter or use, including, but not limited to, halls and paths,
lobbies and courtyards, elevators and stairs, community rooms and playgrounds,
gym facilities and swimming pool areas, parking garages and parking lots, shared
restrooms, shared laundry rooms, shared cooking areas, and shared eating areas..
(i) Public restrooms. Smoking is prohibited in public restrooms open to the public.
(j) Business establishments. Smoking is prohibited within all enclosed workplaces and
other areas open to the public in business establishments providing goods or services to
the general public and not otherwise mentioned in this Section, including, but not limited
to, retail service establishments as defined in Section 15-06.560 of this Code, personal
service establishments as defined in Section 15-06.500 of this Code, financial institutions
as defined in Section 15-06.270 of this Code, and offices all as defined in Section Article
15-06.480 of this Code.; provided, however, that smoking shall be permitted in enclosed
walkways, corridors, malls and other areas between individual business establishments
unless otherwise posted as "no smoking" by the operators of such areas; and provided
further, that this prohibition shall not apply to any business establishment listed in Section
7-35.050 of this Article. Areas "open to the public" wherein smoking is prohibited under
this subsection shall not include private offices of individual businesspersons to which
clients or customers are admitted only by specific invitation or appointment.
(k) Designated nonsmoking areas. Notwithstanding any other provision of this Section, any
owner, operator, manager or other person who controls the use of any establishment
described in this Section may declare that entire establishment as a nonsmoking area. In
addition, any owner, operator, manager or other person who controls the use of any public
or private establishment which is not described in this Section may declare any portion
or all of such establishment as a nonsmoking area and upon the posting of appropriate
signs, smoking shall be prohibited in such areas.
(l) Public events. All special event permits shall prohibit smoking at events requiring
such permits unless the organizer certifies that the event is for adults only and will
not be promoted to attract children under the age of 18 years.
(m) Service areas. Smoking is prohibited in all service areas.
74

(n) Entrances. Smoking is prohibited within 20 feet horizontally or vertically of any
entrances, exits, operable windows, or air intake openings into an enclosed area in
which smoking is prohibited, except while the person is actively passing on the way
to another destination.
(o) Multifamily Housing Common Areas. Smoking is prohibited in Multifamily
Residence Common Areas.
(p) Multifamily Apartment Complexes. Smoking is prohibited in Multifamily
Apartment Complexes constructed or converted to rental use after September 16,
2016 and all leases shall include a clause prohibiting smoking in all areas of the
complex, including inside individual units and on private balconies or patios.
(q) City-Owned Vehicles. Smoking is prohibited in City-owned vehicles.
(r) Smoking Prohibited Where Prohibited by State Law. Wherever smoking is
prohibited by State law, smoking shall be prohibited in Saratoga.
7-35.040 – Employee Notification RequirementsRegulation of smoking in the workplace.
(a) Within ninety days of July 15, 1994, each Any employer having a workplace an enclosed
place of employment located within the City of Saratoga shall inform employees of work
place smoking restrictions pursuant to the City Code. shall adopt, implement, make known
and maintain a written smoking policy which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment
without exception. This includes common work areas, auditoriums, classrooms, conference
and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias,
employee lounges, stairs, restrooms, locker rooms, dressing areas, and all other enclosed
facilities.
(b) All employers shall supply a written copy of the smoking policy to all employees.
(cb)Places of employment exempt from the prohibition of smoking in Section 7-35.050 shall also
be exempt from this Section.
7-35.050 - Smoking permitted.
(a) Smoking is not prohibited within any of the following places:
(1) Bars which are physically separated from other uses and which have a separate heating,
ventilation and air conditioning system regardless of whether they also serve as a place
of employment.
(21)Retail tobacco stores regardless of whether they also serve as a place of employment.
(3) An entire room or hall which is owned and operated as a private club regardless of
whether it also serves as a place of employment.
(42)Twenty percent of guestroom accommodations in a hHotel andor motel rooms rented
to guests.
(53)Any areas not generally open to the public, except as otherwise provided in Section 7-
35.040 which includes, for example, a private office that serves as a place of employment
for individuals other than the owner.
(64)Private residences except (1) multifamily apartment complexes constructed or
converted to rental use after September 16, 2016, and (2) where State law prohibits
smoking as, for example, during the provision of child care.
(7) Any portion of a place of employment that is not enclosed.
75

(85)Vehicles except for city-owned vehicles, state-owned passenger vehicles, vehicles in
which a minor is present, vehicles in which a non-smoking employee is present,
vehicles regularly used to transport a child in residential foster care, youth buses as
defined in California Vehicle Code Section 12523, and buses, taxicabs, and rideshare
vehicles in which a passenger is present.
(9) An enclosed place of employment that is not accessible to the public, which employs only
the owner and no other employee, provided that the enclosed place of employment does
not share a ventilation system with any other enclosed place of employment or public
place.
(b) Notwithstanding the foregoing, any owner, operator, manager or other person who controls
the use of any public or private establishment or place described in Paragraph (a) of this
Section may voluntarily designate any portion or all of such establishment or place as a non-
smoking area.
(c) Notwithstanding the foregoing, smoking is not allowed in any location where it is
prohibited by State law.
7-35.060 - Tobacco samples and vending machines prohibited.
(a) No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from
a vending machine or other appliance, or any other device designed or used for vending
purposes.
(b) No person shall knowingly distribute or furnish without charge, or cause to be furnished
without charge to the general public, cigarettes or other tobacco products, or coupons for
cigarettes or other tobacco products, at any event open to the public, or in any public place
including but not limited to, any right-of-way, mall or shopping center, park, playground, and
any other property owned by the City, any school district, or any park district., except in retail
tobacco stores.
7-35.070 - Posting of signs.
(a) "Smoking" orWhere smoking is prohibited throughout a building or structure, "No
Smoking" signs shall be clearly posted at each entrance to the building or structure.,
whichever may be applicable, with letters of not less than two inches in height or the
international "No Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed by a red circle with a red bar across it) shall be clearly, sufficiently and
conspicuously posted in every room, building or other place where smoking is regulated by
this Article.
(b) Where smoking is permitted in designated areas of a building or structure, signs stating
that “Smoking is prohibited except in designated areas” shall be clearly posted at each
entrance of the building or structure, and signs stating “Smoking permitted” shall be
clearly posted in all designated smoking areas of the building or structure.
(c) Any ashtray located in a nonsmoking area must have a sign conspicuously posted within one
foot of in close proximity to the ashtray with letters of not less than two inches in height
stating "Smoking Prohibited—Extinguish Here," or language with equivalent meaning.
(cd)It shall be the responsibility of the owner, operator, manager or other person who controls the
use of any place where smoking is regulated by this Article to post the signs required by this
Section.
76

7-35.080 - Unlawful acts.
(a) It shall be unlawful for any person to smoke in a place where smoking is prohibited pursuant
to this Article.
(b) It shall be unlawful for any person who owns, operates, manages or controls the use of any
place where smoking is prohibited or regulated under this Article to fail to properly set aside
required "no smoking" areas, to properly post any signs required by Section 7-35.070, to adopt
a smoking restriction policy, or to comply with any other requirement of this Article.
7-35.090 - Enforcement.
The City Manager, or his designee, is authorized to enforce the provisions of this Article. Any
owner, operator, manager, employee, guest or customer of any establishment regulated by this
Article shall have the right to inform persons violating this Article of the appropriate provisions
contained herein.
7-35.100 - Violations.
The violation of any provision contained in this Article shall constitute an infraction and a
public nuisance, subject to enforcement and the penalties, civil fines, and other remedies as set
forth in Chapter 3 of this Code.
7-35.110 – Smoking and Tobacco Regulations. The list below provides a reference to Sections
of the City of Saratoga Municipal Code that regulate smoking or tobacco products.
(a) 4-90 Tobacco Retailer License. Requires tobacco retailers to obtain a tobacco retailer
license to ensure compliance with City business standards, encourage responsible
retailing of tobacco products, discourage violations of laws related to tobacco products,
and protect public health, safety, and welfare.
(b) 11-15 Tobacco-Free Recreation Areas. Establishes restrictions on smoking and use of
tobacco products in City recreational areas.
(c) 15-80.130 Requiring tobacco retailers to obtain conditional use permits and setting
standards for the issuance of such permits.
787117.4
77

1
Crystal Bothelio
From: Leanna Tribulato
Sent: Sunday, July 24, 2016 10:22 AM
To: Crystal Bothelio
Subject: Proposed Changes to Smoking Regulations
Hi Crystal,
I know we are well past the date of the public hearing on the ordinance amending the City's smoking
regulations, but I came across your letter again in my paperwork, and time has just escaped me in writing this e-
mail.
I feel very strongly about this topic. I have actually contacted my homeowners association, and then Saratoga
City about this exact issue. I was told that there were no laws stopping people from smoking in common areas
in my complex.
I am currently living in the Gatehouse, and I am renting one of the top floor units with a small patio. I have had
some neighbors who smoke below us that we have been able to talk to and they have found a different spot to
smoke, but there is one unit that will not stop smoking on their patio. We can actually smell the smoke through
our floor, if we leave the window slightly open, the smoke comes in, and currently I do not sit on my own patio,
because once I get set up to sit out there, I have to come right back in when there is smoke. I currently have a 2
year old, but when she was a baby you can imagine what it was like having her crawl on the floor, and it would
take me a while to set her up with the high chair outside and then while we are trying to eat smoke will come
up, and I have to move her back inside. When I asked the neighbor what their schedule was so I can work
around it, they told me that they have never been "harassed" before about their smoking, so I rarely go out there.
If there is any other support you need in making sure that this becomes a law, please let me know.
Leanna Meier
78

DEPARTMENT: Public Works &
Recreation & Facilities
PREPARED BY: John Cherbone
Michael Taylor
SUBJECT: Active Lifestyles Discussion
RECOMMENDED ACTION:
Receive report and provide direction to staff to include a discussion of updates to the Circulation
and Open Space Element of the General Plan for the City Council’s next Annual Retreat agenda.
BACKGROUND:
One of the City Council priorities identified at the Annual Retreat was the further promotion of
active lifestyles in the community.
Nestled in the foothills of the Santa Cruz Mountains with a wonderful climate and varied
topography, Saratoga’s location is ideal for outdoor activities. The City’s parks, trails, bikeways,
and open spaces are an integral part of Saratoga’s quality of life and are a fundamental component
of supporting active lifestyles.
The key policy documents that guide how our parks, trails, bikeways, and open spaces are built
and maintained are the Circulation and Open Space Elements of the City’s General Plan. The
Open Space Element was last updated in 2007 and the Circulation Element was lasted updated in
2010. Updating these documents to provide a strong policy framework supporting active lifestyles
would be a big step forward to promoting this objective.
DISCUSSION:
Staff has provided an overview in the sections below of the City’s current trail and bikeway
network and recreation programs that help encourage an active lifestyle.
Trails (including Sidewalks and Pathways)
79

The City has approximately 19 miles of trails that are both local and regional (Attachment A).
Local trails include the San Marcos Open Space Trail and the Heritage Orchard Trail. Trails that
have regional connections include Joe’s Trail that connects to Cupertino, the Parker Ranch Trail
system that connects to Fremont Older Open Space, and the future Saratoga to Sea Trail.
The City’s 26+ miles of sidewalks and pathways are located mostly on arterial/collector streets
and near schools. Staff has identified more than 10 miles of gaps that are present along some
routes due to roadway topography or lack of right-of-way.
Bikeways
The City has approximately 14 miles of bikeways (Attachment B). Similar to sidewalks, bikeways
are located mostly on arterial/collector streets where traffic and vehicle speeds are greater. Gaps
also exist in bicycle facility systems around the City.
Allendale and Fruitvale Avenues are good examples of collector streets that are in need of bicycle
lane improvements. As it can be cost prohibitive to add bicycle lanes to an existing road if the
road needs to be widened, recent traffic calming methods have led to new standards using “road
diets” to create space for cyclists. Road diets are where vehicular lane widths are reduced to allow
the addition of bicycle lanes at a fraction of the cost of widening a road.
Recreation Programing
Saratoga is a 3-time Gold Medal winning city and is currently ranked 7th
nationally as a participant
in Michelle Obama's Let's Move! initiative, which promotes healthy eating and fitness habits for
children. The Youth Commission assists with the “Walk-One-Week” program to encourage
students and parents to walk to school. Many of the class offerings through the City’s Activity
Guide supporting an active lifestyle.
To further promote active lifestyles, policy updates to the Circulation and Open Space elements
could provide direction to enhance or expand the current trail, sidewalk, pathway, and bikeway
system. Staff seeks direction on the Council’s priorities for this work.
ATTACHMENTS:
A. Sidewalks/Pathways/Trails Map
B. Bicycle Facilities Map
80

±
City of Saratoga
Sidewalks, Sidewalk Gaps, Existing Trails and Proposed Trails
Legend
Existing Trails
Potential Trails
Other Existing Public Trails
Saratoga City Limit
Existing Sidewalks and Pathways
Gaps in Sidewalks and Pathways
81

Legend:
Fehr & Peers Page 54
Revised August 2010
olleugrAedoyorrA
.evAavlE
Figure C-5 Existing/Planned Bicycle Facilities
Bicycle Lanes (Class II Facilities)
Bicycle Routes (Class III Facilities)
Expressway Segments (Bicycles Permitted)
Bicycle Paths (Class I Facilities) - See Existing Trail Easements Bicycle Lanes/Routes (Class II/III Facilities)
Note: Most sections of Saratoga-Los Gatos Rd. include bike lanes. On intermittent
segments, current striping does not meet Caltrans standards for bike lanes and these
sections are technically considered bike routes, even though the shoulder width
provides sufficient room for bicyclists to travel.
Note:
Based on city designation, some
facilities do not include signage
or adequate bike lane width.
Proposed Bicycle Lanes (Class II Facilities)
Proposed Bicycle Routes (Class III Facilities)
Proposed Bicycle Paths (Class I Facilities)
Across Barrier Connections
0 3,000 6,0001,500
Feet
City of Saratoga Circulation and Scenic Highway Element
82

DEPARTMENT: City Manager
PREPARED BY: James Lindsay
SUBJECT: Five Year Community Access Cable Services Agreement
RECOMMENDED ACTION:
Authorize the City Manager to execute a new five year agreement with the Saratoga Community
Access Television Foundation.
BACKGROUND:
The Saratoga Community Access Television Foundation (Foundation) has been the organization
responsible for operating the Public, Educational, and Government Access channels KSAR and
KEDU for the community of Saratoga. This agreement will define the scope of work and payment
terms for the Foundation to continue operating these channels for the next five years.
The nature of broadcasting continues to evolve which is reflected in past agreements between the
City and the Foundation. The five year term allows the City and Foundation to review and update
the agreement with the next set to technological changes in broadcasting that are sure to occur by
2021.
The draft agreement (Attachment A) has been signed by the Foundation Board Chair, Tom Moran,
indicating the Board’s approval of the terms.
DISCUSSION:
A number of operational changes and payment terms are proposed to be changed in this agreement.
The most significant changes are summarized below:
Recordings
 City Council and Planning Commission Recordings will be made in both standard and high
definition. Cloud storage of the recordings would be an option under the agreement.
 High definition recording of community events is now included in the scope of work.
Events include but are not limited to State of the City, Arbor Day, Memorial Day, July 4th
,
local candidate forum(s), and the Village Tree Lighting.
83

Equipment
 All equipment will be owned maintained by the Foundation.
Payment Terms
 The City will pay the Foundation $35,000 in FY 2016/17 (equal monthly payments) for
the recording and broadcasting of 50 City meeting and events (approximately forty-three
City meetings and seven community events). The annual base amount would be adjusted
each subsequent year using the Consumer Price Index with a maximum adjustment of +3%.
For context, the City pays the Foundation an average approximately $26,000 per year for
recording and broadcasting services under the existing agreement.
 In addition to the base amount, the City would pay the Foundation $110 per hour for City
Council or Planning Commission meetings that run past 10:30 PM.
 If the number of City meetings and requested community event recordings exceeds 50 in
one fiscal year, the City would pay the Foundation $700 per City meeting or $400 per
community event. Recording and production of other videos through the City Video
Program will be handled through a separate agreement.
Public, Educational, & Government Access (PEG) Fees
 Past agreements between the City and the Foundation did not address PEG fees paid to the
City from Comcast and AT&T. The PEG fees were passed to the Foundation, and the
Foundation utilized the funds to purchase the replacement studio equipment, in compliance
with State regulations on the use of PEG funds.
 The draft agreement calls for the City to establish a new Community Access Television
Capital Fund in which PEG funds will be deposited and maintained with a minimum
balance of $100,000. In FY 2015/16, the City received a total of $94,844 in PEG fees
which was passed on to the Foundation. With these funds, KSAR has approximately
$227,000 in the PEG Fee account currently.
 The Foundation will establish its own Capital Fund using PEG funds already provided by
the City and maintain a minimum balance of $100,000 in that fund. The Foundation will
provide the City a quarterly report on its use of PEG funds from the KSAR Capital Fund.
The Foundation will also submit an Annual Capital Plan describing anticipated
expenditures from the Fund.
 Both the City and the Foundation would be able to use PEG funds from their respective
Capital Funds for PEG eligible expenses as defined by state law.
FISCAL STATEMENT:
The $35,000 base contract amount is budgeted for broadcasting services in FY 2016/17.
ATTACHMENTS:
A – Draft Agreement (2016 – 2021)
B – 2011-2016 Agreement
84

SECOND AMENDMENT
TO COMMUNITY ACCESS CABLE TELEVISION SERVICES AGREEMENT
This Second Amendment to Community Access Cable Services Agreement is made at Saratoga,
California by and between the City of Saratoga, a municipal corporation ( "City) ", and Saratoga
Community Access Cable Television Foundation ( "Contractor "), who agree as follows:
WHEREAS, City and Contractor entered into an independent contractor agreement with a term
from July 1, 2005 through June 30, 2011 ( " Original Agreement ") and amended the Original
Agreement on September 8, 2008, in order to change the scope of work and payment terms
Amended Agreement "); and
WHEREAS, City and Contractor wish to further amend the Amended Agreement in order to
extend its term for an additional five (5) years and to amend the scope of work and payment
terms.
NOW; THEREFORE, the parties hereto agree as follows:
1. AMENDED SCOPE OF WORK. The scope of work attached to the Original Agreement as
Exhibit A and revised by the Amended Agreement is replaced in its entirety by Exhibit A -1
attached and hereby made a part of this agreement).
2. AMENDED TERM. Section 2 of the Original Agreement is amended to replace the
termination date of June 30, 2011 with the date of June 30, 2016 and otherwise remain
unchanged.
3. AMENDED PAYMENT TERMS. Exhibit B ( concerning payment terms) attached to the
Original Agreement and revised by the Amended Agreement is replaced in its entirety by Exhibit
B -1( attached and hereby made a part of this agreement).
4. EFFECTIVE DATE. This Second Amendment Agreement shall take effect July 1, 2011.
Continued Next Page -
Page 1 of 5
105

IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment
Agreement.
City of Saratoga Contractor
By:
Dave Anderson,
City Manager
Lei(
Date
By:
Dateforn Moran, Chairman
Saratoga Community
Access TV Foundation
Attes :
Ann u Ivan, City Clerk
7- 7—
Date
Approved as to Form:
Ji
DateRichard S. Taylor, City Attorney
Attachments:
Exhibit A -1 Scope of Work
Exhibit B -1 Payment
106

EXHIBIT A -1
SCOPE OF WORK
Contractor shall complete the following Scope of Work:
Arrange for and provide live and tape -delayed broadcasts and create video recordings of
regular City Council and Planning Commission meetings held in the Civic Theater.
Specifically:
a. It is understood that regular City Council meetings are held on the first and third
Wednesdays of each month and regular Planning Commission meetings are held
on the second and fourth Wednesdays of each month.
b. One video copy of each meeting shall be provided to the City Manager or his /her
designee by the close of the business day following the meeting and one copy to
the Saratoga Library.
c. Each regular meeting for which a video recording is created shall be broadcast on
a time -delayed basis at least once during the 7 -day period following the meeting.
d. The City Council or Planning Commission may, on occasion, hold regular
meetings at a location other than the Civic Theater, in which case no broadcast or
recording services shall be provided pursuant to this paragraph.
2. Provide and /or arrange for the proper maintenance of the Contractor' s equipment at the
City Hall installation.
3. Minor maintenance, repair and adjustment of the City' s equipment will be performed by
Contractor as staff is available.
4. Provide live broadcasts and /or video recording services of special meetings of the City
Council or Planning Commission or of other civic events upon request of City when
Contractor staff is available.
5. List up to a reasonable number of items requested by City at any given time on the
Community Service Board.
6. Index each Council and Planning Commission meeting that is recorded by KSAR to the
City' s Granicus system for web streaming.
107

EXHIBIT B -1
PAYMENT
Compensation shall be as specified below:
1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION
MEETINGS. For the services described in Exhibit A -1, Section 1, Contractor shall be
paid $ 550 /meeting for the first two years ( June 30, 2011 — June 30, 2013 and
600 /meeting June 30, 2014 —June 30, 2016.
2. MAINTENANCE AND REPAIR. For the services described in Exhibit A -1, Sections 2
and 3, Contractor shall be paid in accordance with the following rate schedule: $ 100. 00
per hour.
City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in
the course of providing maintenance services. Reimbursement for costs of outside
engineering or service personnel shall not exceed amounts authorized by the City prior to
said work being performed.
3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in
Exhibit A -1, Section 4, Contractor shall be paid in accordance with the rate schedule set
forth in Section 2, above and for the actual cost of any reimbursable expenses authorized
by City in connection with the special event.
4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, Section
5, Contractor shall be paid $0. 00 per month.
5. GRANICUS INDEXING. The City shall pay contractor a flat fee of $100 per meeting
for the work described in Exhibit A -1, paragraph 6 following completion of the indexing
for the meeting and a receipt by the City of an invoice from the Contractor.
6. TOTAL COMPENSATION. Total compensation pursuant to this Agreement
including compensation for reimbursable expenses) in any fiscal year shall not exceed
the amount specified in the City of Saratoga budget for services pursuant to this
Agreement in that year.
108

7. INVOICES. Contractor shall submit invoices, not more often than once each month
during the term of this Second Amendment to Agreement, based on the cost of work
performed and reimbursable expenses incurred prior to the invoice date. Invoices shall
contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the amount of prior billings and the total due this period.
8. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, and for authorized
reimbursable expenses incurred. Payments shall be made no later than thirty (30) days
following the City' s receipt of the invoice.
109

CITY OF SARATOGA/
SARATOGA COMMUNITY ACCESS CABLE TV FOUNDATION
CONTRACT AMENDMENT
This Amendment Agreement is made at Saratoga, California by and between the City Of
Saratoga, a municipal corporation ( "City "),and Saratoga Community Access Cable TV
Foundation, ( "Contractor "), who agree as follows:
WHEREAS, City and Contractor entered an independent contractor agreement with a term from
July 1, 2005 through June 30, 2011 ( " Original Agreement "); and
WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the
scope of work of the Original Agreement by entering this Amendment Agreement to amend the
Original Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. Amended Scope ofWork. The Scope of Work included as Exhibit A to the Original
Agreement is hereby supplemented to add the following after paragraph # 5:
6. Index each Council and Planning Commission meeting that is recorded by KSAR to
the City' s Granicus system for web streaming.
Copy VHS tapes of City Council meetings from the 1997 -2001 time period to DVDs
for archiving, transcode the DVDs to .wmv files, and upload the .wmv files to the
City' s Granicus system for web streaming.
a. The DVDs produced by KSAR will be recorded in "2 hour" mode. Long
meetings will thus generate more than one DVD. KSAR will use the
TMPGEnc program, with format template supplied by the City, for
transcoding to .wmv files. Long meetings will be put together into single
wmv files.
b. KSAR will make every reasonable effort to convert up to two hundred ( 200)
tapes. It is understood that these are old VHS tapes and some may be
damaged or otherwise unreadable by KSAR's equipment.
c. All tapes and DVDs will be returned to the City. The .wmv files will be
uploaded per City direction to the Granicus server.
d. The foregoing work shall be completed no later than November 1, 2008.
Upgrade the equipment and services in the City Council Chambers by June 30, 2009
to include the following in a manner satisfactory to the City' s Facilities Supervisor,
Thomas Scott:
PARP 1 of I 110

a. The extension of audio controls to the sound booth;
b. Connection to AT &T U-verse; and
c. Audio visual link to LCD projection system.
2. Amended Payment Terms. The payment terms included in Exhibit B to the Original
Agreement are hereby amended to add the following as Part III:
III. Supplemental Work,
A. The City shall pay contractor a flat fee of $100 per meeting for the work
described in Exhibit A, paragraph 6 following completion of the indexing
for the meeting and receipt by the City of an invoice from the Contractor.
B. The City shall pay contractor a flat fee of $25 per tape up to 200 tapes, not
to exceed $ 5000 for the work described in Exhibit A, paragraph 7 for each
tape and receipt by the City of an invoice from the Contractor for tapes
completed since the last invoice.
C. The City shall pay contractor an amount not exceed $9000 for the work
described in Exhibit A, paragraph 8. As each project described therein is
completed, Contractor may invoice City for the cost associated with that
project in an amount approved by the Facilities Supervisor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of Saratoga Contractor
By: 5 - t —ZOO 1BY: ti b V` L8
Dave Anderson, City Manager Date Tom Moran, Chairman of Saratoga Date
Community Access TV Foundation
Attest:
Ann Sullivan, Acting City Clerk Date
Page 2 of 3 111

2016 08 17 city council agenda packet

2016 08 17 city council agenda packet

Recommended

Recommended

More Related Content

Similar to 2016 08 17 city council agenda packet

Similar to 2016 08 17 city council agenda packet (20)

More from Rishi Kumar

More from Rishi Kumar (20)

Recently uploaded

Recently uploaded (20)

2016 08 17 city council agenda packet