2016 08 17 city council agenda packet

Saratoga City Council Agenda – 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.

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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

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COMMENDATION OF THE CITY COUNCILOF 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 HighSchool, 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

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Saratoga City Council Minutes – Page 1 of 10

MINUTESWEDNESDAY, JULY 6, 2016

SARATOGA CITY COUNCIL REGULAR MEETING

At 5:00 p.m., the Saratoga City Council held a Closed Session in the Administrative ConferenceRoom at Saratoga City Hall at 13777 Fruitvale Avenue, Saratoga. At 6:00 p.m., the City Councilconducted 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 13777Fruitvale Avenue, Saratoga and led the Pledge of Allegiance.

ROLL CALL

PRESENT: Mayor Manny Cappello, Vice Mayor Emily Lo, Council MembersMary-Lynne Bernald, Howard Miller, Rishi Kumar

ABSENT: NoneALSO PRESENT: James Lindsay, City Manager

Richard Taylor, City AttorneyCrystal Bothelio, City ClerkJohn Cherbone, Public Works DirectorMary Furey, Finance & Administrative Services DirectorErwin Ordoñez, Community Development DirectorMichael Taylor, Recreation & Facilities DirectorBrian Babcock, Administrative Analyst IIAdam Henig, Recreation SupervisorDebbie Bretschneider, Deputy City Clerk

REPORT ON POSTING OF THE AGENDA

City Clerk Crystal Bothelio reported that the agenda for this meeting was properly posted onJune 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 theCity Council’s Joint Meeting with the Montalvo Arts Center. She shared that Montalvocelebrated the opening of the Grand Entrance and Garden Terrace, thanked the City for itspartnership, 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 IndependenceDay Celebration and the Saratoga Village Development Council volunteers for the patriotic

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decorations in Saratoga Village. He also noted that some residents have observed an odor in thetap water, which is the result of an algae growth in the water supply before treatment. The SantaClara Valley Water District and San Jose Water Company are working on the issue. Residentscan report odor to San Jose Water Company at 408.630.2985. He also spoke about neighborhoodsafety and recent crime activity, recommending that residents take precautions and follow crimeprevention best practices available. He also encouraged residents to form Neighborhood Watchgroups.

Council Member Miller noted that this quarter’s issue of The Saratogan included public safetytips and he encouraged residents to purchase locking mailboxes that are tamperproof and to bevigilant. He also shared that there are many classes and programs offered through the SaratogaRecreation Activity Guide, including summer camps that still have spaces open.

Council Member Bernald announced that the Saratoga Historical Museum will be extending theOlivia de Havilland exhibit till the end of the month. The Museum will also be opening a displayof 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. to5:00 p.m. on Big Basin Way. On July 16, some of the car show entrants will be cruising throughSaratoga, 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. Healso shared that that the City Council is challenging residents to plant 2,020 trees by the year2020 and is helping residents reach that goal by offering to pay for half the cost of planting a treethrough 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 LibraryCommission. Applications are due by August 30, 2016 and are available on the City website atwww.saratoga.ca.us/comvac.

CEREMONIAL ITEMS

Proclamation Honoring Olivia de Havilland’s 100th BirthdayRecommended 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 deHavilland.

Proclamation Declaring July 2016 as “Parks Make Life Better!” MonthRecommended Action:Read and present the proclamation declaring July 2016 as “Parks Make Life Better!” Monthin the City of Saratoga.

Mayor Cappello presented the proclamation to Recreation Supervisor Adam Henig andinvited Ram Parasurama to share a story about his experience with Saratoga parks.

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1. CONSENT CALENDAR

1.1. City Council Meeting MinutesRecommended Action:Approve the City Council minutes for the Regular City Council Meeting on June 15,2016.

BERNALD/KUMAR MOVED TO APPROVE THE CITY COUNCIL MINUTESFOR 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 RegistersRecommended Action:Review and 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.

BERNALD/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THEFOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 06/14/2016PERIOD 12; 06/21/2016 PERIOD 12; AND 06/29/2016 PERIOD 12. MOTIONPASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.ABSTAIN: NONE. ABSENT: NONE.

1.3. Treasurer’s Report for the Month Ended April 30, 2016Recommended Action:Review and accept the Treasurer’s Report for the month ended April 30, 2016.

BERNALD/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORTFOR 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, 2016Recommended Action:Review and accept the Treasurer’s Report for the month ended May 31, 2016.

BERNALD/KUMAR MOVED TO ACCEPT THE TREASURER’S REPORTFOR THE MONTH ENDED MAY 31, 2016. MOTION PASSED. AYES:CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:NONE. ABSENT: NONE.

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1.5. Resolution to Establish Property Tax Levy for Debt Service Payments on the LibraryGeneral Obligation BondsRecommended Action:Adopt the attached resolution which sets the property tax levy rate to provide for theLibrary General Obligation Bond's debt service payment at $.0060 per $100 ofAssessed Valuation.

RESOLUTION NO. 16-046

BERNALD/KUMAR MOVED TO APPROVE THE RESOLUTION WHICHSETS THE PROPERTY TAX LEVY RATE TO PROVIDE FOR THELIBRARY GENERAL OBLIGATION BOND'S DEBT SERVICE PAYMENTAT $.0060 PER $100 OF ASSESSED VALUATION. MOTION PASSED. AYES:CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:NONE. ABSENT: NONE.

1.6. Resolution Authorizing Final Disposition of Certain City RecordsRecommended Action:Adopt resolution authorizing final disposition of certain city records.


BERNALD/KUMAR MOVED TO APPROVE THE RESOLUTIONAUTHORIZING 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 RegionalInteroperability AuthorityRecommended 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 TOSIGN THE AMENDED JOINT POWERS AGREEMENT (JPA) FOR THESILICON 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, AProfessional CorporationRecommended Action:Authorize the City Manager to enter into an agreement for employment and labor lawservices with Mouser Law Firm, A Professional Corporation.

BERNALD/KUMAR MOVED TO AUTHORIZE THE CITY MANAGER TOENTER INTO AN AGREEMENT FOR EMPLOYMENT AND LABOR LAWSERVICES WITH MOUSER LAW FIRM, A PROFESSIONALCORPORATION. 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 MinuteParking at the Turkey Track Lane Electric Vehicle Charging StationRecommended Action:Waive the second reading and adopt the attached ordinance updating variousprovisions of the City Code and adopt the attached resolution allowing 15 minuteparking at the Turkey Track Lane electric vehicle charging station in accordance withthe newly adopted code provisions.

ORDINANCE NO. 340

MOTOR VEHICLE RESOLUTION NO.312

BERNALD/KUMAR MOVED TO WAIVE THE SECOND READING ANDADOPT THE ORDINANCE UPDATING VARIOUS PROVISIONS OF THECITY CODE AND ADOPT THE RESOLUTION ALLOWING 15 MINUTEPARKING AT THE TURKEY TRACK LANE ELECTRIC VEHICLECHARGING STATION IN ACCORDANCE WITH THE NEWLY ADOPTEDCODE 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 ArtsCenterRecommended Action:Reallocate $3,704 in Community Event Grant Program funding from Montalvo ArtsCenter’s “Arts Splash” to “5-Hour Sculpture: A Pop-Up Arts Festival.”

BERNALD/KUMAR MOVED TO REALLOCATE $3,704 IN COMMUNITYEVENT GRANT PROGRAM FUNDING FROM MONTALVO ARTSCENTER’S “ARTS SPLASH” TO “5-HOUR SCULPTURE: A POP-UP ARTSFESTIVAL.” MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

1.11. Landscaping & Lighting Assessment District LLA-1; Resolutions initiating renewalof 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 assessmentdistricts to install surveillance cameras.

City Manager James Lindsay addressed City Council questions on the agenda item.



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BERNALD/MILLER MOVED TO ADOPT: 1) THE RESOLUTIONDESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OFTHE ENGINEER’S REPORT; AND 2) THE RESOLUTION APPOINTINGTHE ATTORNEY’S FOR THE DISTRICT. MOTION PASSED. AYES:CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:NONE. ABSENT: NONE.

1.12. Landscaping and Lighting Assessment District Annexation No. 1 for Fiscal Year2017/18 – Zone No. 38 (Paramount Court) – Preliminary approval of Engineer’sReport for Annexation and Adoption of Resolution of Intention for Fiscal Year2017/18Recommended 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 ofassessments 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 GRANTINGPRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR THECITY 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 THELEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OFSARATOGA 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 (NearVia 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

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BERNALD/KUMAR MOVED TO ADOPT: 1) THE MOTOR VEHICLERESOLUTION ESTABLISHING PARKING RESTRICTION ON PROSPECTROAD AT VIA RONCOLE; AND 2) THE MOTOR VEHICLE RESOLUTIONESTABLISHING PARKING RESTRICTION ON MELINDA CIRCLE ATKRISTY LANE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

2. PUBLIC HEARING

2.1. Confirmation of Report and Assessment of Weed/Brush Abatement ProgramRecommended Action:Open public hearing, accept public testimony, close public hearing, and adoptresolution confirming report and assessment of hazardous vegetation abatementcharges.

Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report.

Moe Kumre, Santa Clara County Weed Abatement Program Manager, addressedquestions from the City Council.

Mayor Cappello invited public comment on the item.

No one requested to speak.


MILLER/LO MOVED TO ADOPT RESOLUTION CONFIRMING REPORTAND ASSESSMENT OF HAZARDOUS VEGETATION ABATEMENTCHARGES. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

2.2. Ordinance Amending Smoking and Tobacco Retailer RegulationsRecommended Action:Conduct public hearing; introduce and waive the first reading of the ordinanceamending Article 4-90 Tobacco Retailer License and Article 7-35 Regulation ofSmoking in Certain Places; and direct staff to place the ordinance on the ConsentCalendar 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 THEORDINANCE AMENDING ARTICLE 4-90 TOBACCO RETAILER LICENSEAND ARTICLE 7-35 REGULATION OF SMOKING IN CERTAIN PLACES;AND DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENTCALENDAR FOR ADOPTION AT THE NEXT REGULAR CITY COUNCILMEETING. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

3. OLD BUSINESS

None

4. NEW BUSINESS

4.1. Quarterly Communications ReportRecommended 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 theCity’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 alsorecommended tracking download rates of the Saratogan from different sources, suchas the City’s email to subscribers or Nextdoor. He also commented that many residentsmay not be familiar with the City’s Commissions, so the purpose of the survey onCommissions should be to educate residents about Commissions. Council MemberMiller suggested that the article on fire prevention include information on theweed/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 thevideo on the Prospect Road Median Project include b-roll footage showing theroadway before improvements.

Council Member Kumar suggested that the newsletter include information about LaNiña and ongoing drought conditions.

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MILLER/BERNALD MOVED TO AMENDED VIDEO TOPICS FOR THEFIRST QUARTER OF THE FISCAL YEAR TO A GENERAL OVERVIEW OFTHE PLANNING COMMISSION/PUBLIC HEARING PROCESS AND 2020BY 2020 TREE PLANTING CHALLENGE; AND AUTHORIZED VIDEOS ONTHE PROSPECT ROAD MEDIAN PROJECT AND TREE PERMIT PROCESSFOR THE SECOND QUARTER OF FISCAL YEAR 2016/17. MOTIONPASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.ABSTAIN: NONE. ABSENT: NONE.

4.2. Designation of League of California Cities Annual Conference Voting Delegate andAlternatesRecommended Action:Designate the City of Saratoga voting delegate and alternative voting delegate(s) forthe 2016 League of California Cities Annual Conference.

Mayor Cappello introduced the item.



MILLER/BERNALD MOVED TO DESIGNATE VICE MAYOR LO AS THECITY OF SARATOGA VOTING DELEGATE, COUNCIL MEMBERBERNALD AS THE FIRST VOTING DELEGATE ALTERNATE, ANDCOUNCIL MEMBER KUMAR AS THE SECOND VOTING DELEGATEALTERNATE FOR THE 2016 LEAGUE OF CALIFORNIA CITIES ANNUALCONFERENCE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.

CITY COUNCIL ASSIGNMENT REPORTS

Mayor Manny CappelloSaratoga 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 LoHakone Foundation Board & Executive Committee – With the Hakone Master Plan approved bythe City Council and Hakone Foundation, the Board is now discussing how to proceed with theimplementation of the master plan. Consequently, the Board will be creating a fundraising planthat will include naming opportunities within the park that will be coming before the CityCouncil later this year. Additionally, the Centennial Gala will take place on September 18 from5:00 p.m. to 9:30 p.m.

Council Member Mary-Lynne BernaldAssociation of Bay Area Governments – the ABAG/MTC merger continues to move forward. OnJune 22, MTC approved an implementation plan for the merger.FAA Select Committee on South Bay Arrivals – three public outreach meetings have been heldand at least 600 people were in attendance at the meeting in Mountain View. In July, theCommittee will be meeting with experts from the FAA and may also meet with outside expertsthat can provide information on ways to address noise concerns that have been raised. When the

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Committee was originally formed it was expected to operate through July and it now appears thatthe work of the Committee will not conclude until October.VTA State Route 85 Corridor Policy Advisory Board – Council Member Bernald attended themeeting on behalf of Council Member Miller. The Board provided recommendations on the finalsales tax measure ballot language and discussed noise mitigation testing locations on State Route85. Saratoga is currently listed as one of the testing locations.

Council Member Howard MillerSilicon Valley Clean Energy Authority Board of Directors – the Authority now has an executivedirector that brings excellent experience. The next step in the development is to build theorganization and hire employees. If everything goes according to plan, customers in Saratogamight start transitioning to Silicon Valley Clean Energy by spring 2017.

Council Member Rishi KumarCouncil Member Kumar reported he has been working with Santa Clara Valley Water Districtand San Jose Water Company on addressing the issue of odor coming from tap water inSaratoga. The water is safe to drink, but residents can contact San Jose Water Company at408.279.7900 to report odors or request water quality testing. Additionally, the Water Districthas reduced water conservation targets from 30% to 20%. Effective July 1, there will be minorchanges to water conservation rules for residents. Council Member Kumar also noted that heattended 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 Meetingshave 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. MOTIONPASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.ABSTAIN: NONE. ABSENT: NONE.

Minutes respectfully submitted:

Crystal Bothelio, City ClerkCity of Saratoga

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Gina Scott, Accounting Technician

SUBJECT: Review of Accounts Payable Check Registers

RECOMMENDED ACTION:

Review and accept check registers for the following accounts payable payment cycles:

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

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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 – OrdinanceAttachment B – Written Communications

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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

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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

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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

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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

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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.

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(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 mannerthat 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 daysafter 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.

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(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.

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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 Article15-06.480 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.

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(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.

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(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.

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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

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1

Crystal Bothelio

From: Leanna Tribulato Sent: Sunday, July 24, 2016 10:22 AMTo: Crystal BothelioSubject: 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

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DEPARTMENT: Public Works &Recreation & Facilities

PREPARED BY: John CherboneMichael 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)

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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

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±

City of SaratogaSidewalks, Sidewalk Gaps, Existing Trails and Proposed Trails

LegendExisting TrailsPotential TrailsOther Existing Public TrailsSaratoga City Limit

Existing Sidewalks and PathwaysGaps in Sidewalks and Pathways 81

Legend:

Fehr & Peers Page 54

Revised August 2010

olleugrA ed oyorrA

.evA avlE

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 6,0001,500Feet

City of Saratoga Circulation and Scenic Highway Element

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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 feeswhich 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

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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 toextend 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 ExhibitB -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(

DateBy:

Dateforn Moran, Chairman

Saratoga CommunityAccess TV Foundation

Attes :

Ann u Ivan, City Clerk7- 7— Date

Approved as to Form:

JiDateRichard 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 thirdWednesdays of each month and regular Planning Commission meetings are heldon the second and fourth Wednesdays of each month.

b. One video copy of each meeting shall be provided to the City Manager or his /herdesignee 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 byContractor 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 whenContractor staff is available.

5. List up to a reasonable number of items requested by City at any given time on theCommunity Service Board.

6. Index each Council and Planning Commission meeting that is recorded by KSAR to the

City' s Granicus system for web streaming.

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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 outsideengineering or service personnel shall not exceed amounts authorized by the City prior tosaid 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 indexingfor 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 exceedthe amount specified in the City of Saratoga budget for services pursuant to thisAgreement 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 workperformed 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 authorizedreimbursable 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 OfSaratoga, a municipal corporation ( "City "), and Saratoga Community Access Cable TVFoundation, ( "Contractor "), who agree as follows:

WHEREAS, City and Contractor entered an independent contractor agreement with a term fromJuly 1, 2005 through June 30, 2011 ( " Original Agreement "); and

WHEREAS, City and Contractor wish to amend the Original Agreement in order to change thescope of work of the Original Agreement by entering this Amendment Agreement to amend theOriginal Agreement.

NOW THEREFORE, the parties hereto agree as follows:

1. Amended Scope ofWork. The Scope of Work included as Exhibit A to the OriginalAgreement is hereby supplemented to add the following after paragraph # 5:

6. Index each Council and Planning Commission meeting that is recorded by KSAR tothe City' s Granicus system for web streaming.

Copy VHS tapes of City Council meetings from the 1997 -2001 time period to DVDsfor archiving, transcode the DVDs to .wmv files, and upload the .wmv files to theCity' s Granicus system for web streaming.

a. The DVDs produced by KSAR will be recorded in "2 hour" mode. Longmeetings will thus generate more than one DVD. KSAR will use theTMPGEnc program, with format template supplied by the City, for

transcoding to .wmv files. Long meetings will be put together into singlewmv 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 bedamaged or otherwise unreadable by KSAR's equipment.

c. All tapes and DVDs will be returned to the City. The .wmv files will beuploaded 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, 2009to 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 workdescribed in Exhibit A, paragraph 6 following completion of the indexingfor 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, notto 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 tapescompleted since the last invoice.

C. The City shall pay contractor an amount not exceed $9000 for the workdescribed in Exhibit A, paragraph 8. As each project described therein is

completed, Contractor may invoice City for the cost associated with thatproject 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

Approved as to Form:

Richard S. Taylor, City AttorneyDate

Page 3 of 3 112

COMMUNITY ACCESS CABLE SERVICES AGREEMENT

THIS AGREEMENT is made at Saratoga, California by and between the CITY OFSARATOGA, a municipal corporation ( "City "), and Saratoga Community Access Cable TVFoundation, ( "Contractor "), who agree as follows:

RECITALS

WHEREAS, City requires the services of a qualified contractor to provide the work productdescribed in Exhibit A of this Agreement; and

WHEREAS, City lacks the qualified personnel to provide the specified work product; and

WHEREAS, Contractor is duly qualified to provide the required work product; and

WHEREAS, Contractor is agreeable to providing such work product on the terms and conditionshereinafter set forth.

NOW THEREFORE, the parties hereto agree as follows:

1. RESULTS TO BE ACHIEVED. Subject to the terms and conditions set forth in this

Agreement, Contractor shall provide to City the work product described in Exhibit A ( "Scope ofWork "). Contractor is not authorized to undertake any efforts or incur any costs whatsoeverunder the terms of this Agreement until receipt of a fully executed Purchase Order from theFinance Department of the City of Saratoga, except, in an emergency when the City' sEmergency Operations Center has been activated, by approval of the City Manager orAdministrative Services Director.

2. TERM. The term of this Agreement commences on July 1, 2005, and extends throughJune 30, 2011 unless it is extended by written mutual agreement between the parties, providedthat the parties retain the right to terminate this Agreement as provided in Exhibit D at all times.

3. PAYMENT. City shall pay Contractor for work product produced pursuant to thisAgreement at the time and in the manner set forth in Exhibit B ( "Payment "). The payments

specified in Exhibit B shall be the only payments to be made to Contractor in connection withContractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall

submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified inExhibit B, then according to the usual and customary procedures and practices which Contractoruses for billing clients similar to City.

4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ( "Facilities and

Equipment "), Contractor shall, at its sole cost and expense, furnish all facilities and equipment

which may be required for completing the Scope of Work pursuant to this Agreement. City shallfurnish to Contractor only the facilities and equipment listed in Exhibit C according to the termsand conditions set forth in Exhibit C.

Page 1 of 17

113

5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the generalprovisions set forth in Exhibit D ( "General Provisions "). In the event of any inconsistencybetween said general provisions and any other terms or conditions of this Agreement, the otherterm or condition shall control insofar as it is inconsistent with the General Provisions.

6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are bythis reference incorporated herein and made a part of this Agreement.

7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf

of City by the City Manager ( "Administrator "). The Administrator has complete authority toreceive information, interpret and define City's policies consistent with this Agreement, andcommunicate with Contractor concerning this Agreement. All correspondence and othercommunications shall be directed to or through the Administrator or his or her designee.

8. NOTICES. All notices or communication concerning a party's compliance with the . terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to havebeen given and received on the date delivered in person or the date upon which the postal

authority or overnight express carrier indicates that the mailing was delivered to the address ofthe receiving Party. The Parties shall make good faith efforts to provide advance courtesy noticeof any notices or communications hereunder via email or fax. However, under no circumstancesshall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of suchcourtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten ( 10) days written notice to the other, may designate any otheraddress as substitution of the address to which the notice or communication shall be given.

Notices or communications shall be given to the Parties at the addresses set forth below until

specified otherwise in writing:

Notices to Contractor shall be sent to:

Saratoga Community Access Television FoundationWest Valley College TV Studio14000 Fruitvale Avenue

Saratoga, CA 95070

Attn: Community Access Director

Notices to City shall be sent to:

City ManagerCity of Saratoga13777 Fruitvale Avenue

Saratoga, CA 95070

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With a copy (which copy shall not constitute notice) to:

City ClerkCity of Saratoga13777 Fruitvale Avenue

Saratoga, CA 95070

9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, eitheroral or written, between the parties hereto with respect to Contractor' s completion of the Scope

of Work on behalf of City and contains all of the covenants and agreements between the partieswith respect to the rendering of such services in any manner whatsoever. Specifically, andwithout limiting the generality of the foregoing, this Agreement supersedes the July 1, 1988Agreement Concerning Payment of CATV Franchise Fees and any subsequent amendments tothat agreement. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, oranyone acting on behalf of any party, which are not embodied herein, and that no otheragreement, statement or promise not contained in this Agreement shall be valid or binding. Noamendment, alteration, or variation of the terms of this Agreement shall be valid unless made in

writing and signed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.

CONTRACTOR:

By: o /

Print Name: jC---

e,/ G 47 o

Date: t/( z ZQ 6

Position: l% L / T LDr ` /). Cd

CITY OF SARATOGA, a municipal corporation

By: Date:

Name: 7'' A? 1pe cr `r

Title: G

APPROVED AS TO FORM:

City Attorney

z y -- z-a o 6

Date: t I l bje./

Page 3 of 17

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APPROVED AS TO BUDGET AUTHORITY AND INSURANCE:

By: Administrative Services Director

Attachments

Date:

Exhibit A -- Scope of Work

Exhibit B -- Contract Payment and Reporting ScheduleExhibit C -- Facilities and Equipment

Exhibit D -- General Provisions

Exhibit E -- Insurance Requirements

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EXHIBIT A

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 heldon the second and fourth Wednesdays of each month.

b. Live broadcasts of meetings shall terminate at 12: 00 midnight. Video recordings

shall include the complete meeting regardless of the termination of live broadcast. C. 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 tothe Saratoga Library.

d. Each regular meeting for which a video recording is created shall be broadcast ona time- delayed basis at least once during the 7 -day period following the meeting.

e. The City Council or Planning Commission may, on occasion, hold regularmeetings 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 byContractor as staff is available.

4. Provide live broadcasts and/ or video recording services of special meetings of the CityCouncil or Planning Commission or of other civic events upon request of City whenContractor staff is available.

List up to a reasonable number of items requested by City at any given time on theCommunity Service Board.

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1

EXHIBIT B

PAYMENT

Part I: Services Between July 1, 2005 and June 30, 2006:

As compensation for all services provided pursuant to this Agreement between July 1, 2005 andJune 30, 2006 Contractor shall be paid twenty percent (20 %) of the CATV Franchise Fee paid bythe City' s cable communications system franchisee pursuant to section 4- 25.070 of the CityCode during that period.

Part II: Services After June 30, 2006:

Compensation for services provided after June 30, 2006 shall be compensated as specified in theseven paragraphs that follow:

1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSIONMEETINGS. For the services described in Exhibit A, section 1, Contractor shall be paid

500 /meeting.

2.- MAINTENANCE AND REPAIR. For the services described in Exhibit A, 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 thecourse ofproviding maintenance services. Reimbursement for costs of outside engineeringor service personnel shall not exceed amounts authorized by the City prior to said work beingperformed.

3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in Exhibit

A, 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 inconnection 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. TOTAL COMPENSATION. Total compensation pursuant to this Agreement (includingcompensation for reimbursable expenses) in any fiscal year shall not exceed the amountspecified in the City of Saratoga budget for services pursuant to this Agreement in that year.

6. INVOICES. Contractor shall submit invoices, not more often than once each month duringthe term of this Agreement, based on the cost for work performed and reimbursable expenses

incurred prior to the invoice date. Invoices shall contain the following information:

a. Serial identifications ofbills, i.e., Bill No. 1;

b. The beginning and ending dates of the billing period; C. A summary containing the amount ofprior billings and the total due this period.

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N

7. MONTHLY PAYMENTS. City shall make payments, based on such invoices, forsatisfactory progress in completion of the Scope of Work, and for authorized reimbursableexpenses incurred. Payments shall be made no later than 30 days following the City' s receiptof the invoice.

8. CPI ADJUSTMENT. The rates in sections 1 and 2, above, shall be adjusted annually onJuly 1 to reflect changes in the December to December Consumer Price Index for SanFrancisco /Oakland/ San Jose for the Urban Wage Earners ( hereinafter " CPI/W ") since the lastrate adjustment rounded to the nearest $ 1. 00 increment.

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EXHIBIT C

FACILITIES AND EQUIPMENT

City has provided its Civic Theater to be equipped with video and audio equipment for thepurpose of providing live broadcast of City Council and Planning Commission meetings. Thisequipment is listed below. Contractor may use this equipment in connection with broadcastingand recording events in the Civic Theater. All other equipment required by Contractor shall beprovided by Contractor unless otherwise specified in this agreement. City will provideappropriate room for broadcast/ video equipment and crew, sound, light and maintenance of

environment. Contractor shall not use such services, premises, facilities, supplies or equipment

for any purpose other than in the performance of Contractor's obligations under this Agreement. City shall not use Contractor' s equipment.

TYPE MAKE MODEL SN

MONITOR NEC PM1271A 84604759

TV/ MONITOR PANASONIC CTN - 13569 MB203102S4

POWER

CG VIDEONICS SCRIPT 003857

TV /MONITOR PANASONIC CT- 1388VYD LB88180318

CD TECHNICS SL -PD687 FGSBC15878

MONITOR SONY PVM141-2 2003372

MONITOR SONY PVM141- 2 2003372

RGB MONITOR NEC AS75F 1802304YE

CONTROLLER AMX NETLINX

WAVEFORM /VECTOR MAGNI MM -410

RADIO TECH

SVHS X2 JVC HR- 57600DU 145EI456

VHS X2 PANASONIC AG -2550

SWITCHER JVC

COMPRESSOR

LIMITER DBX 160A

AMP RDL STA2

POWER SUPPLY RDL PS24A

PAN TILT POSITRACK AMX

CAMERA X3 SONY DXC 390

MONITOR PANASONIC WV5203B

Scan Convertor Extron VSC700 6047701

DVD Player TOSHIBA

DVD Player TOSHIBA

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EXHIBIT D

GENERAL PROVISIONS

INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currentlyapproved methods and practices in Contractor's field. City shall have the right to controlContractor only with respect to specifying the results to be obtained from Contractorpursuant to this Agreement. City shall not have the right to control the means by whichContractor accomplishes services rendered pursuant to this Agreement. Likewise, no

relationship of employer and employee is created by this Agreement between the Cityand Contractor or any subcontractor or employee of Contractor. Nothing contained inthis Agreement shall be construed as limiting the right of Contractor to engage inContractor's profession separate and apart from this Agreement so long as such activitiesdo not interfere or conflict with the performance by Contractor of the obligations set forthin this Agreement. Interference or conflict will be determined at the sole discretion of the

City.

2. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work

required pursuant to this Agreement in the manner and according to the standardsobserved by a competent practitioner of the profession in which Contractor is engaged inthe geographical area in which Contractor practices its profession. All work product of

whatsoever nature which Contractor delivers to City pursuant to this Agreement shall beprepared in a substantial, first class and workmanlike manner and conform to the

standards of quality normally observed by a person practicing in Contractor's profession.

3. TIME. Contractor shall devote such time to the Scope ofWork pursuant to this .

Agreement as may be reasonably necessary for satisfactory performance of Contractor'sobligations pursuant to this Agreement.

4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shallhave no authority, express or implied, to act on behalf of City in any capacity whatsoeveras an agent. Contractor shall have no authority, express or implied, pursuant to thisAgreement to bind City to any obligation whatsoever.

BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement orotherwise against City for seniority, vacation time, vacation pay; sick leave, personal timeoff, overtime, health insurance, medical care, hospital care, insurance benefits, social

security, disability, unemployment, workers compensation or employee benefits of anykind. Contractor shall be solely liable for and obligated to pay directly all applicabletaxes, including, but not limited to, federal and state income taxes, and in connectiontherewith Contractor shall indemnify and hold City harmless from any and all liabilitythat City may incur because of Contractor's failure to pay such taxes. City shall have noobligation whatsoever to pay or withhold any taxes on behalf of Contractor.

6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right orobligation pursuant to this Agreement. Any attempted or purported assignment of anyright or obligation pursuant to this Agreement shall be void and of no effect. However,

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with the consent of the City given in writing, Contractor is entitled to subcontract suchportions of the work to be performed under this Agreement as may be specified by City.

7. PERSONNEL.

a. Qualifications. Contractor shall assign only competent personnel to complete theScope of Work pursuant to this Agreement.

r

b. Employment Eligibility. Contractor shall ensure that all employees ofContractor and any subcontractor retained by Contractor in connection with thisAgreement have provided the necessary documentation to establish identity andemployment eligibility as required by the Immigration Reform and Control Act of1986. Failure to provide the necessary documentation will result in thetermination of the Agreement as required by the Immigration Reform and ControlAct of 1986.

8. CONFLICT OF INTEREST.

a. In General. Contractor represents and warrants that, to the best of theContractor's knowledge and belief, there are no relevant facts or circumstanceswhich could give rise to a conflict of interest on the part of Contractor, or that the

Contractor has already disclosed all such relevant information.

b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potentialconflict of interest on the part of Contractor is discovered after award, the

Contractor will make a full disclosure in writing to the City. This disclosure shallinclude a description of actions which the Contractor has taken or proposes to

take, after consultation with the City to avoid, mitigate, or neutralize the actual orpotential conflict. Within 45 days, the Contractor shall have taken all necessarysteps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of

the City.

c. Interests of City Officers and Staff. No officer, member or employee of Cityand no member of the City Council shall have any pecuniary interest, direct orindirect, in this Agreement or the proceeds thereof. Neither Contractor nor any

member of any Contractor's family shall serve on any City board or committee orhold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding toContractor.

9. COMPLIANCE WITH LAWS.

a. In General. Contractor shall observe and comply with all laws, policies, generalrules and regulations established by City and shall comply with the common lawand all laws, ordinances, codes and regulations of governmental agencies,

including federal, state, municipal and local governing bodies) applicable to theperformance of the Scope of Work hereunder, including, but not limited to, allprovisions of the Occupational Safety and Health Act of 1979 as amended.

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b. Licenses and Permits. Contractor represents and warrants to City that it has alllicenses, permits, qualifications and approvals of whatsoever nature which arelegally required for Contractor to practice its profession. Contractor representsand warrants to City that Contractor shall, at its sole cost and expense, keep ineffect at all times during the term of this Agreement any licenses, permits, andapprovals which are legally required for Contractor to practice its profession. Inaddition to the foregoing, Contractor shall obtain and maintain during the termhereof a valid City of Saratoga Business License.

c. Funding Agency Requirements. To the extent that this Agreement may befunded by fiscal assistance from another entity, Contractor shall comply with allapplicable rules and regulations to which City is bound by the terms of such fiscalassistance program.

d. Drug -free Workplace. Contractor and Contractor's employees andsubcontractors shall comply with the City's policy of maintaining a drug -freeworkplace. Neither Contractor nor Contractor's employees and subcontractors

shall unlawfully manufacture, distribute, dispense, possess or use controlledsubstances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in anymanner in connection with performing services pursuant to this Agreement. IfContractor or any employee or subcontractor of Contractor is convicted or pleadsnolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify theCity.

Discrimination Prohibited. Contractor assures and agrees that Contractor will

comply with Title VII of the Civil Rights Act of 1964 and other laws prohibitingdiscrimination and that no person shall, on the grounds of race, creed, color,

disability, sex, sexual orientation, national origin, age, religion, Vietnam eraveteran's status, political affiliation, or any other non -merit factors be excludedfrom participating in, be denied the benefits of, or be otherwise subjected todiscrimination under this Agreement.

10. DOCUMENTS AND RECORDS.

a. Property of City. Reports, data, maps, models, charts, studies, surveys,

photographs, memoranda or other written documents or materials prepared byContractor pursuant to this Agreement shall become the property of City uponcompletion of the work to be performed hereunder or upon termination of thisAgreement.

b. Retention of Records_ Until the expiration of five years after the furnishing ofany services pursuant to this Agreement, Contractor shall retain and make

available to the City or any party designated by the City, upon written request by

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City, this Agreement, and such books, documents and records of Contractor (andany books, documents, and records of any subcontractor( s)) that are necessary orconvenient for audit purposes to certify the nature and extent of the reasonablecost of services to City.

11. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential informationreceived from City in the course of performing this Agreement in trust and confidence andwill not reveal such confidential information to any person or entity, either during the term ofthe Agreement or at any time thereafter. Upon expiration of this Agreement, or terminationas provided herein, Contractor shall return materials which contain any confidentialinformation to City. Contractor may keep one copy for its confidential file. For purposes ofthis paragraph, confidential information is defined as all information disclosed to Contractor

which relates to City's past, present, and future activities, as well as activities under thisAgreement, which information is not otherwise of public record under California law.

12. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for thework, shall bear all losses and damages directly or indirectly resulting to Contractor or to anysubcontractor on account of the performance or character of the work or other circumstances

including unforeseen difficulties, accidents, occurrences or other causes, except to the extentthat Contractor is indemnified by City pursuant to section 13, below.

13. INDEMNIFICATION.

a. City Liability. Neither Contractor nor any officer or employee thereof shall beresponsible for any damage or liability occurring by reason of anything done or omitted tobe done by City under or in connection with any action or inaction of City in connectionwith its performance of its obligations under this Agreement. City shall fully defend, indemnify, and save harmless Contractor from all suits or actions of every name, kind anddescription brought on for or on account of injury occurring by reason of anything done oromitted to be done by City in performing its obligations under this Agreement.

b. Contractor Liability. Neither City nor any officer or employee thereof shall beresponsible for any damage or liability occurring by reason of anything done or omitted tobe done by Contractor under or in connection with any action or inaction of Contractor inconnection with its performance of its obligations under this Agreement. Contractor shall

fully defend, indemnify, and save harmless City from all suits or actions of every name, kind and description brought on for or on account of injury occurring by reason of anythingdone or omitted to be done by Contractor in performing its obligations under thisAgreement.

14. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of

the contract insurance as set forth in Exhibit E.

15. DEFAULT AND REMEDIES.

a. Events of default. Each of the following shall constitute an event of default hereunder:

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I . Failure to perform any obligation under this Agreement and failure to cure suchbreach immediately upon receiving notice of such breach, if the breach is such thatthe City determines the health, welfare, or safety of the public is immediatelyendangered; or

2. Failure to perform any obligation under this Agreement and failure to cure suchbreach within fifteen ( 15) days of receiving notice of such breach, if the breach issuch that the City determines that the health, welfare, or safety of the public is notimmediately endangered, provided that if the nature of the breach is such that the Citydetermines it will reasonably require more than fifteen ( 15) days to cure, Contractorshall not be in default if Contractor promptly commences the cure and diligentlyproceeds to completion of the cure.

b. Remedies upon default. Upon any Contractor default, City shall have the right toimmediately suspend or terminate the Agreement, seek specific performance, contractwith another party to perform this Agreement and/ or seek damages including incidental, consequential and /or special damages to the full extent allowed by law.

No Waiver. Failure by City to seek any remedy for any default hereunder shall notconstitute a waiver of any other rights hereunder or any right to seek any remedy for anysubsequent default.

16. TERMINATION. Either party may terminate this Agreement with or without cause byproviding 60 days notice in writing to the other party. Either party may terminate thisAgreement at any time without prior notice in the event that the other party commits amaterial breach of the terms of this Agreement. Upon termination, this Agreement shall

become of no further force or effect whatsoever and each of the parties hereto shall be

relieved and discharged herefrom, subject to payment for acceptable services rendered prior

to the expiration of the notice of termination. Notwithstanding the foregoing, the provisionsof this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor' s responsibility, indemnification, insurance, disputeresolution, litigation, and jurisdiction and severability shall survive termination of thisAgreement.

17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute orclaim arising under this Agreement. If the parties fail to resolve such disputes or claims, theyshall submit them to mediation in California at shared expense of the parties for at least 8

hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreedto by all parties, or litigation may be pursued. In the event any dispute resolution processesare involved, each party shall bear its own costs and attorneys fees.

18. LITIGATION. If any litigation is commenced between parties to this Agreementconcerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs.

19. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and

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interpreted under the laws of the State of California. Jurisdiction of litigation arising fromthis Agreement shall be in that state and venue shall be in Santa Clara County, California. Ifany part of this Agreement is found to conflict with applicable laws, such part shall beinoperative, null and void insofar as it conflicts with said laws, but the remainder of this

Agreement shall be in full force and effect.

20. NOTICE OF NON - RENEWAL. Contractor understands and agrees that there is no

representation, implication, or understanding that the City will request that work productprovided by Contractor under this Agreement be supplemented or continued by Contractorunder a new agreement following expiration or termination of this Agreement. Contractorwaives all rights or claims to notice or hearing respecting any failure by City to continue torequest or retain all or any portion of the work product from Contractor following theexpiration or termination of this Agreement.

21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the partiesexecuting this Agreement and not for the benefit of any other individual, entity or person.

22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement

shall constitute a waiver of any rights or obligations arising under this Agreement. Thefailure by the City to enforce any of Contractor's obligations or to exercise City's rights shallin no event be deemed a waiver of the right to do so thereafter. The failure by the Contractorto enforce any of the City' s obligations or to exercise Contractor' s rights shall in no event bedeemed a waiver of the right to do so thereafter.

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EXHIBIT E

INSURANCE

Please refer to the insurance requirements listed below. Those which have an " X" indicated in

the space before the requirement apply to Contractor's Agreement ( ignore any not checked).

Contractor shall provide its insurance broker(s) / agent( s) with a copy of these requirements andrequest that they provide Certificates of Insurance complete with copies of all requiredendorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070.

Contractor shall furnish City with copies of original endorsements affecting coverage required bythis Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bindcoverage on its behalf. All endorsements and certificates are to be received and approved byCity before work commences. City has the right to require Contractor's insurer to providecomplete, certified copies of all required insurance policies, including endorsements affecting thecoverage required by these specifications.

X Commercial General/Business Liability Insurance with coverage as indicated:

X $ 1, 000,000 per occurrence /$2,000,000 aggregate limits for bodily injury andproperty damage

per occurrence bodily injury /$ per occurrence

property damageCoverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance

If the standard ISO Form wording for " OTHER INSURANCE ", or other

comparable wording, is not contained in Contractor's liability insurance policy, anendorsement must be provided that said insurance will be primary insurance andany insurance or self - insurance maintained by City, its officers, employees, agentsor volunteers shall be in excess of Contractor' s insurance and shall not contribute

to it.

X Auto Liability Insurance with coverage as indicated:

X $ 1, 000,000 combined single limit for bodily injury and property damageper person/$ per accident for bodily injuryper occurrence for property damage

500,000 combined single limit for bodily injury and property damageGarage keepers extra liability endorsement to extend coverage to all vehicles inthe care, custody and control of the contractor, regardless of where the vehiclesare kept or driven.

Professional /Errors and Omissions Liability with coverage as indicated:

1, 000,000 per loss/ $ 2,000,000 aggregate

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5, 000,000 per loss/ $ 5, 000,000 aggregate

Contractor must maintain Professional/Errors & Omissions Liability coverage for a periodof three years after the expiration of this Agreement. Contractor may satisfy thisrequirement by renewal of existing coverage or purchase of either prior acts or tailcoverage applicable to said three year period.

X Workers' Compensation Insurance

Including minimum $ 1, 000,000 Employer's Liability

The Employer' s Liability policy shall be endorsed to waive any right ofsubrogation as respects the City, its employees or agents.

The Contractor makes the following certification, required by section 1861 of the CaliforniaLabor Code:

I am aware of the provisions of Section 3700 of the Labor Code which require

every employer to be insured against liability for workers' compensation or toundertake self - insurance in accordance with the provisions of that code, and I will

comply with such provisions before commencing the performance of the work ofthis contract

X Additional Insured Endorsement( s) for Commercial General /Business Liability coveragenaming the City of Saratoga, its officers, employees and agents as additional insured.

NOTE: additional insured language on the Certificate of Insurance is NOT acceptable

without a separate endorsement such as Form CG 20 10)

X The Certificate of Insurance MUST provide 30 days notice of cancellation, ( 10 days

notice for non - payment of premium). NOTE: the following words must be crossed out ordeleted from the standard cancellation clause: "... endeavor to ..." AND "... but

failure to mail such notice shall impose no obligation or liability of any kind upon thecompany, its agents or representatives."

All subcontractors used must comply with the above requirements except as noted below:

As to all of the checked insurance requirements above, the following shall apply:

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a. Deductibles and Self - Insured Retentions. Any deductibles orself - insured retentions must be declared to and approved by the City. Atthe option of the City, either ( 1) the insurer shall reduce or eliminate suchdeductibles or self - insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond

guaranteeing payment of losses and related investigations, claimadministration and defense expenses.

b. City as Additional Insured. The City, its officers, officials, employeesand volunteers are to be covered as insureds as respects: liability arisingout of activities performed by or on behalf of the Contractor; products andcompleted operations of the Contractor, premises owned, occupied or used

by the Contractor, or automobiles owned, leased, hired or borrowed by theContractor. The coverage shall contain no special limitations on the scope

of the protection afforded to the City, its officers, officials, employees orvolunteers.

c. Other Insurance Provisions. The policies are to contain, or be endorsed

to contain, the following provisions:

1. Any failure to comply with reporting provisions of the policiesshall not affect coverage provided to the City, its officers, officials, employees or volunteers.

2. The Contractor's insurance shall apply separately to each insuredagainst whom claim is made or suit is brought, except with respect

to the limits of the insurer's liability.

3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' priorwritten notice by certified mail, return receipt requested, has beengiven to the City.

d. Acceptability of Insurers. Insurance is to be placed with insurers with aBests' rating of no less than ANII.

If you have any general questions please call Michele Braucht, Administrative ServicesDirector at 408/ 868 - 1221.

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SUBJECT: 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.

BACKGROUND:

At the request of Mayor Cappello, this item has been scheduled for the August 17, 2016 City Council Meeting to allow the Council to consider directing staff to prepare an ordinance that would allow certain groups and nonprofits to use bingo to raise funds for charitable purposes.

Per California State law, games of bingo in which people pay to win prizes is considered a lottery or game of chance and therefore constitutes gambling. While gambling and lotteries are generally prohibited, there are some exceptions. For example, State law provides an exception for nonprofit organizations providing educational, philanthropic, or social services to use traditional bingo for charitable and fundraising purposes. Traditional bingo would include games where a live caller draws numbers or symbols and where players are physically present at the game.

To allow this exception, local jurisdictions must adopt an ordinance to allow bingo games to be used by nonprofits and by mobile home parks, senior citizens organizations, and charitable organizations associated with schools. The City of Saratoga has not adopted any ordinances concerning bingo games.

In addition to requiring cities and counties to enact an ordinance allowing bingo, there are some limitations that apply to local groups using bingo for fundraising purposes. Receipts from bingo games must be used for charitable purposes. The maximum prize may not exceed $500. Bingo games must also be open to the public and all proceeds must be kept in a fund or account separate from the rest of the organization’s monies. Additionally, bingo must be conducted only on property owned or leased by or donated to the organization authorized to hold bingo games.

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Several neighboring communities have adopted bingo game ordinances, including Los Gatos, Los Altos, and Palo Alto. A summary of the bingo game ordinances adopted by these jurisdictions is below and the ordinances are included in the attachments.

Summary of Bingo Game Ordinances:

- Must obtain valid permit to conduct bingo games

- Bingo must be open to the public

- Minors may not play bingo

- All participants must be physically present

- Bingo must be conducted on the premises owned or leased by the permit holder

- Bingo games may only take place during certain hours (i.e. between noon and midnight)

- Bingo games may only be operated and staffed by the permit holder

- The total value of a single prize may not exceed $250 (the Legislature increased the maximum award to $500 in 2008)

- No person may receive income or profit from a bingo game, unless as part of a bingo prize

- Bingo profits must be kept in a separate account and cannot be comingled with the permit holder’s other funds

- Permit holders must keep detailed records of profits, expenditures, prizes, and other expenses

If directed by the City Council, staff will prepare an ordinance for City Council consideration that complies with requirements of California Penal Code.

ATTACHMENTS:

Attachment A – Los Gatos Bingo Game OrdinanceAttachment B – Los Altos Bingo Game OrdinanceAttachment C – Palo Alto Bingo Game Ordinance

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8/10/2016 Los Gatos, CA Code of Ordinances

https://www.municode.com/library/ca/los_gatos/codes/code_of_ordinances?nodeId=CO_CH3AM_ARTVBI 1/8

(a)

(b)

(1)

(2)

ARTICLE V. - BINGO

Footnotes:

--- (3) ---

State Law reference— Bingo games for charity, Penal Code § 326.5.

DIVISION 1. - GENERALLY

Sec. 3.50.010. - De䄭Іnition.

For the purposes of this article, the word "bingo" means a game of chance in which prizes are awarded

on the basis of designated numbers or symbols on a card which conforms to numbers of symbols selected

at random. Notwithstanding Penal Code section 330c, as used in this article, the game of bingo shall include

cards having numbers or symbols which are concealed and preprinted in a manner providing for

distribution of prizes.

(Code 1968, § 4-60)

Sec. 3.50.015. - Maximum amount of prize.

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundred

䄭Іfty dollars ($250.00) in cash or kind, or both, for each separate game which is held.

(Code 1968, § 4-61)

Sec. 3.50.020. - Pro䄭Іts to be kept in separate fund or account.

With respect to organizations exempt from payment of the bank and corporation tax by Revenue and

Taxation Code section 23701d, all pro䄭Іts derived from a bingo game shall be kept in a special fund or

account and shall not be commingled with any other fund or account. Such pro䄭Іts shall be used only

for charitable purposes.

With respect to other organizations authorized to conduct bingo games pursuant to this article, all

proceeds derived from a bingo game shall be kept in a special fund or account and shall not be

commingled with any other fund or account. Proceeds are the receipts of bingo games conducted by

organizations not within paragraph (b) of this section. Such proceeds shall be used only for charitable

purposes, except as follows:

Such proceeds may be used for prizes.

A portion of such proceeds, not to exceed twenty (20) percent of the proceeds before the

deduction for prizes, or one thousand dollars ($1,000.00) per month, whichever is less, may be

used for rental of property, overhead, including the purchase of bingo equipment, administrative

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(3)

(4)

expenses, security equipment, and security personnel.

Such proceeds may be used to pay license fees.

If the monthly gross receipts from bingo games of an organization within this paragraph (b) exceed

䄭Іve thousand dollars ($5,000.00), a minimum percentage of the proceeds shall be used only for

charitable purposes not relating to the conducting of bingo games and that the balance shall be

used for prizes, rental of property, overhead, administrative expenses and payment of license fees.

The amount of proceeds used for rental of property, overhead, and administrative expenses is

subject to the limitations speci䄭Іed in subparagraph (2) of this paragraph (b).

(Code 1968, § 4-62)

Sec. 3.50.025. - Records to be kept.

A permittee under this article shall keep for a minimum of three (3) years full and accurate records of

the income and expenses of its operation, conduct, promotion, supervision and any other phase of bingo

games. The Town has the right to examine and audit such records at any reasonable time and the permittee

shall fully cooperate with the Town by making such records and supporting data available.

(Code 1968, § 4-62)

Sec. 3.50.030. - Inspection of premises.

At any time during the operation of a bingo game representatives of the Town may enter and inspect

the premises to ascertain whether this article, the Town Code or State law is being violated.

(Code 1968, § 4-62.5)

Sec. 3.50.035. - Financial interest in permittee only.

No person except the permittee shall hold a 䄭Іnancial interest in the conduct of a bingo game.

(Code 1968, § 4-63)

Sec. 3.50.040. - Exclusive operation of permittee.

A bingo game shall be operated and sta샻ed only by members of the permittee organization. Such

members shall not receive a pro䄭Іt, wage, or salary from any bingo game. Only the permittee shall operate

such game, or participate in the promotion, supervision or any other phase of such game. This section does

not preclude the employment of security personnel who are not members of the authorized organization at

such bingo game by the organization conducting the game.

(Code 1968, § 4-64)133



Sec. 3.50.045. - Bingo games open to public.

All bingo games shall be open to the public, not just to the members of the permittee organization.

(Code 1968, § 4-65)

Sec. 3.50.050. - Attendance limited to occupancy capacity.

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be

limited to the occupancy capacity of the room in which such game is conducted as determined by the

Building O섀䤽cial in accordance with applicable laws and regulations. Permittee shall not reserve seats or

space for any person.

(Code 1968, § 4-66)

Sec. 3.50.055. - Location of games restricted.

An organization authorized to conduct bingo games pursuant to this article shall conduct a bingo game

only on property owned or leased by it, or property whose use is donated to the organization, and which

property is used by such organization for an o섀䤽ce or for performance of the purposes for which the

organization is organized. Nothing in this section shall be construed to require that the property owned or

leased by or whose use is donated to the organization be used or leased exclusively by or donated

exclusively to such organization. The permit shall expressly authorize the permittee to conduct bingo games

only on such property, at the address stated in the application. In the event the speci䄭Іed property ceases to

be used as an o섀䤽ce and as a place for performance of the purposes for which the permittee is organized,

the permit shall terminate. A new permit may be sought by an eligible organization, upon application under

the provisions of this article, when it again owns or leases property used by it for an o섀䤽ce or for

performance of the purposes for which the organization is organized.

(Code 1968, § 4-67)

Sec. 3.50.060. - Minors not to participate.

No person under the age of eighteen (18) years of age shall be allowed to participate in any bingo

game.

(Code 1968, § 4-68)

Sec. 3.50.065. - Intoxicated persons not to participate.

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(Code 1968, § 4-69)

134



(1)

(2)

(3)

Sec. 3.50.070. - Hours of operation.

No permittee shall conduct any bingo game more than six (6) hours out of any twenty-four-hour period.

No bingo game shall be conducted before 10:00 a.m. or after 12:00 midnight.

(Code 1968, § 4-70)

Sec. 3.50.075. - Participant must be present.

No person shall be allowed to participate in a bingo game unless the person is physically present at the

time and place where the bingo game is being conducted.

(Code 1968, § 4-71)

Sec. 3.50.080. - Receipt of pro䄭Іts prohibited.

It is a misdemeanor for any person to receive or pay a pro䄭Іt, wage, or salary from any bingo game

authorized by section 19 of article IV of the State Constitution. Security personnel employed by the

organization conducting the bingo game may be paid from the revenues of bingo games as provided in

Penal Code section 326.5(j) and (k). A violation of this section is punishable by a 䄭Іne not to exceed ten

thousand dollars ($10,000.00), which 䄭Іne shall be deposited in the general fund of the Town.

(Code 1968, § 4-72)

Sec. 3.50.085. - Town may enjoin violation.

The Town may bring an action in a court of competent jurisdiction to enjoin a violation of section 326.5

of the Penal Code or of this article.

(Code 1968, § 4-73)

Sec. 3.50.090. - Filing of report.

At the end of the term of each permit, every permittee shall 䄭Іle a written report made under penalty of

perjury with the Chief of Police containing the following information:

The total amount of money received from the operation of the bingo games during the term of the

permit.

The total amount paid in prizes.

Detailed costs of operation of the bingo games.

(Code 1968, § 4-56.6)135



(1)

(2)

(3)

Secs. 3.50.095—3.50.165. - Reserved.

DIVISION 2. - PERMIT

Footnotes:

--- (4) ---

Cross reference— Licenses and miscellaneous business regulations, Ch. 14.

Sec. 3.50.170. - Organizations eligible to conduct games.

Those organizations which may be authorized under the terms of Penal Code section 326.5(a) to

conduct bingo games are authorized to conduct bingo games in the Town.

(Code 1968, § 4-50)

Sec. 3.50.175. - Applications.

Applications for a permit to conduct bingo games shall be made on a form provided by and shall be

䄭Іled with the Chief of Police.

(Code 1968, § 4-51)

Sec. 3.50.180. - Applicant must be quali䄭Іed.

No permit shall be issued unless the applicant is eligible under the provisions of section 3.50.170 and its

application conforms to the requirements, terms and conditions of this article.

(Code 1968, § 4-53)

Sec. 3.50.185. - Contents of application.

The application for a bingo permit shall show:

The name of the applicant, a statement of the purpose for which the applicant is organized and

that the organization is an authorized organization under a provision of Penal Code section

326.5(a) speci䄭Іed in the application.

The name and address of all o섀䤽cers of the applicant, and the signature of an o섀䤽cer duly

authorized to make the application.

A description of the particular property, including the street number, owned or leased by the

applicant and used by the applicant for an o섀䤽ce or for performance of the purpose for which the

applicant is organized, where bingo games are proposed to be conducted, and the occupancy

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(4)

(5)

(6)

(7)

(8)

(1)

(2)

(3)

(4)

(5)

capacity of the building or portion of a building proposed to be used for bingo games.

The days of the week and hours of the day proposed for bingo games.

An agreement by the applicant to conduct bingo games in strict accordance with the provisions of

section 326.5 of the Penal Code and this article, as they may then exist or be amended from time

to time, and an acknowledgement that the permit to conduct bingo games may be revoked by the

Police Chief upon violation of any of such provisions, or any violation of any statute or ordinance

when the violation is related to the conduct of bingo games, concerning public safety or welfare,

the use of land or buildings, or moral turpitude.

If the organization's claim of authorization is based on tax exempt status, a letter of good standing

from the Exemption Division of the Franchise Tax Board showing that the exemption has been

granted as provided by one of the code sections speci䄭Іed in Penal Code section 326.5(a).

The names and addresses of all persons who will conduct bingo games and of all persons who will

have possession of the records of the conduct of bingo games or of any money received from

bingo games.

The application shall be signed by the applicant under penalty of perjury.

(Code 1968, § 4-54)

Sec. 3.50.190. - Fee.

An annual application fee 䄭Іxed by the Town Council by resolution shall accompany the application.

(Code 1968, § 4-55)

Sec. 3.50.195. - Investigation.

When a completed application is 䄭Іled and payment of the fee is made, the Chief of Police shall refer the

application to interested departments of the Town including but not limited to the Tax and License

Collector, Town Manager, Town Attorney, Planning Department and Building Department for investigation

as to whether the statements in the application are true and whether the property the applicant proposes

as a location for bingo games quali䄭Іes as property on which bingo games may lawfully be conducted. The

Chief of Police may make such additional investigation as the Chief of Police determines is appropriate. Only

when the Chief of Police is satis䄭Іed that the applicant is quali䄭Іed under the law to conduct bingo games in

the Town shall the Chief of Police issue a permit to the applicant, which shall show:

The name and nature of the organization to whom the license is issued.

The address where bingo games are authorized to be conducted.

The occupancy capacity of the room in which bingo games are to be conducted.

The date of the expiration of the permit. 137



(a)

(b)

(c)

(d)

Such other information as may be necessary or desirable for the enforcement of the provisions of

this article.

(Code 1968, § 4-56; Ord. No. 2031, § V, 7-21-97)

Sec. 3.50.200. - Criminal history.

The Chief of Police has authority to obtain criminal history information concerning each person who will

operate or assist in operating a bingo game for purposes of investigation. If the operator or persons who

will assist in operating a bingo game have been convicted of crimes involving lotteries, gambling, larceny,

perjury, bribery, fraud or similar crimes involving moral turpitude, the Chief of Police shall not approve

issuance of the permit.

(Code 1968, § 4-56.5)

Sec. 3.50.205. - Issuance and term of permits.

The issuing authority under the provisions of this division is the Chief of Police. Permits expire one (1)

year from the date of issuance.

(Code 1968, § 4-52)

Sec. 3.50.210. - Summary suspension; revocation.

Whenever it appears to the Chief of Police that a permittee is conducting a bingo game in violation of

any of the provisions of this article, the Chief of Police has authority to suspend summarily the permit

and to order the permittee to cease and desist immediately conducting bingo games.

Any person who continues to conduct a bingo game after noti䄭Іcation of a summary suspension of a

permit under the provisions of subsection (a) is guilty of a violation of the Town Code.

The order issued under subsection (a) shall also inform the permittee that it has 䄭Іve (5) days from the

date of knowledge of the order to request, in writing, a hearing to determine whether the permit will be

revoked. Failure to deliver a written request for such hearing before the Chief of Police within the 䄭Іve-

day period results in revocation of the permit.

Within ten (10) days of receipt of a proper request for a hearing by a permittee whose license has been

suspended, the Chief of Police shall conduct a hearing of the issue of whether the permit should be

revoked. The suspended permittee may appear before the Chief of Police for the purpose of presenting

evidence why the license should not be revoked. No permit shall be revoked under this section unless

notice of the time and place of the hearing is given at least 䄭Іve (5) days before the hearing by

depositing in the United States mail a notice directed to such suspended licensee at the address given138



(e)

(a)

(b)

(a)

(b)

in the application. The notice shall set forth a summary of the ground advanced as the basis for the

suspension and revocation. At the hearing proof of facts in support of suspension and revocation action

shall be made before the permittee is required to respond.

Any permittee whose permit is revoked shall not conduct any bingo game unless and until the Town

Council, on appeal, determines to overrule the decision of the Chief of Police.

(Code 1968, § 4-57; Ord. No. 2026, § IV, 2-18-97)

Sec. 3.50.215. - Revocation, alternative procedure.

Whenever it appears to the Chief of Police that a permittee is conducting bingo games in violation of

any of the provisions of this article or that the permit was obtained by any false representation, the

permit may be revoked. No summary suspension is necessary, but noti䄭Іcation that revocation is under

consideration, and of the right to a hearing, and when requested, an opportunity to appeal are required

in the same manner as in situations where there is an order of suspension.

Any organization whose license is revoked under this section shall not conduct any bingo game in the

Town unless and until such time as the Town Council, on appeal, determines to overrule the decision of

the Chief of Police.

(Code 1968, § 4-58)

Sec. 3.50.220. - Appeal of revocation to Town Council.

A permittee whose permit is revoked has the right, within ten (10) days after receiving notice in writing

of the revocation, to 䄭Іle a written notice of appeal to the Town Council. The notice shall set forth the

speci䄭Іc ground or grounds on which it is based. The Town Council shall hold a hearing on the appeal

within thirty (30) days after proper 䄭Іling of the notice, or at a time thereafter agreed upon by the Town

and the appellant, and shall give the appellant at least ten (10) days' written notice of the hearing. At the

hearing the appellant or its authorized representative shall have the right to present evidence and a

written or oral argument, or both in support of the appeal. The determination of the Town Council shall

be 䄭Іnal.

A former permittee whose permit is revoked may not again apply for a permit to conduct bingo games

in the Town for a period of one (1) year from the date of revocation, except when the sole ground for

revocation is cancellation of the tax exemption granted under the provisions of one (1) of the code

sections listed in Penal Code section 326.5. The former permittee may apply for a new permit upon

reinstatement and resumption of its tax exempt status.

(Code 1968, § 4-59)

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8/10/2016 Los Altos, CA Code of Ordinances

https://www.municode.com/library/ca/los_altos/codes/code_of_ordinances?nodeId=TIT4BULIRE_CH4.12BI 1/8

Chapter 4.12 - BINGO

Sections:

4.12.010 - Authority.

Pursuant to the authority provided in subsection (c) of Section 19 of Article IV of the Constitution of the

state and Section 326.5 of the Penal Code of the state, the city establishes the requirements set forth in this

chapter for the conduct of bingo games by nonpro䄭Іt charitable organizations within the city.

(Prior code § 4-12.01)

4.12.020 - Bingo de䄭Іned.

As used in this chapter, "bingo" shall mean a game of chance in which prizes are awarded on the basis

of designated numbers or symbols on a card which conforms to numbers or symbols selected at random.


4.12.030 - Organizations permitted to conduct bingo games.

No person, organization, or other legal entity shall be permitted to conduct bingo games within the city

unless such persons, organizations, or other legal entities possess a valid permit and license issued

pursuant to this chapter. No application shall be accepted from any person, organization, or other legal

entity not authorized to apply for the same under Penal Code Section 326.5(a).


4.12.040 - Minors.

No minor shall be allowed to participate in any bingo game.


4.12.050 - Open to the public.

All bingo games shall be open to the public, not just to the members of the nonpro䄭Іt charitable

organization. Attendance at any bingo game shall be limited to the occupancy of the room in which such

game is conducted as determined by the 䄭Іre chief and building inspector in accordance with applicable laws

and regulations.

(Prior code § 4-12.05)140



4.12.060 - Sta섀䤽ng and operation.

Bingo games shall be operated and sta샻ed only by members of the nonpro䄭Іt charitable organization

which organized them. Only an organization authorized to conduct a bingo game by a permit and licensed

issued pursuant to this chapter shall operate such game or engage in the promotion, supervision, or any

other phase of such game.


4.12.070 - Pro䄭Іts, wages, and salaries.

No person or agent of such person shall receive a pro䄭Іt, wage, salary, or other income from any bingo

game authorized by this chapter, except as a bona 䄭Іde prize received as a participant in such bingo game.


4.12.080 - Where bingo may be conducted.

Bingo games shall be conducted only on the premises provided in Section 326.5(f) of the California

Penal Code.


4.12.090 - Bingo equipment.

All equipment used in the operation of bingo games shall be owned by the organization authorized by a

permit and license to conduct such bingo games.


4.12.100 - Financial interests.

No individual, corporation, partnership, or other legal entity, except the organization authorized by a

permit and license to conduct bingo games, shall hold a 䄭Іnancial interest in the conduct of such bingo

games.


4.12.110 - Separate funds.

All pro䄭Іts derived from bingo games shall be kept in a special fund or account and shall not be

commingled with any other fund or account.


141



A.

B.

4.12.120 - Records.

Each organization conducting bingo games shall maintain detailed records of all pro䄭Іts, expenditures,

prizes, and other expenses associated with the operation of bingo games. Such records shall be retained for

such period of time as required by state and federal laws and for a period of three years for the purposes of

this chapter.


4.12.130 - Total value of prizes.

The total value of prizes awarded during the conduct of bingo games shall not exceed two hundred 䄭Іfty

dollars ($250.00) in cash or kind, or both, for each separate game which is held.


4.12.140 - Physical presence at bingo games required.

No person shall be allowed to participate in a bingo game unless such person is physically present at

the time and place at which the bingo game is being conducted.


4.12.150 - Hours of operation.

All bingo games shall be conducted only during the hours of noon to midnight.


4.12.160 - Violations—Penalties.

Any person who violates Sections 4.12.040 through 4.12.050, 4.12.180 through 4.12.210 and 4.12.270 of

this chapter shall be guilty of a misdemeanor and shall be subject to the penalties provided in Section

1.20.010 of Chapter 2 of Title 1 of this code.

A violation of Section 4.12.070 of this chapter shall be punishable by a 䄭Іne not to exceed ten thousand

dollars ($10,000.00), which 䄭Іne shall be deposited in the general fund of the city.


4.12.170 - Authority to inspect premises and records.

142











A.

B.

A.

B.

C.

D.

E.

F.

G.

H.

I.

J.

K.

The chief of police shall have the authority to inspect the premises in order to insure that the operation

of bingo games on the premises does not constitute a violation of any state or federal law or provision

of this code.

The chief of police may inspect the records and special bank accounts containing the pro䄭Іts derived

from bingo games of any organization conducting bingo games whenever it is deemed reasonable and

appropriate to insure compliance with the provisions of this chapter.


4.12.180 - Permits required.

No person or organization shall conduct a bingo game without 䄭Іrst obtaining a permit from the chief of

police to do so.


4.12.190 - Permits—Applications.

A written application for the permit required by this chapter shall be made by a섀䤽davit under penalty of

perjury and 䄭Іled with the chief of police. Such application shall contain:

The name of the organization and the names, signatures, and addresses of all the o섀䤽cers of the

organization;

The days and hours of operation of bingo games;

Attached copies of certi䄭Іcates or letters evidencing exempt status under subsection (d) of Section

23701 of the Revenue and Taxation Code of the state and subsection (2) of subsection (c) of Section

170 of the Internal Revenue Code of 1954 of the United States received from the Franchise Tax

Board of the state and the Internal Revenue Service;

The address of the premises where bingo games will be conducted;

A statement of the ownership or lease of the premises;

The purpose for which such premises are used by the organization;

A statement of the ownership of the bingo equipment used in the operation of bingo games;

A statement of consent for the chief of police to inspect any bank account containing pro䄭Іts

derived from bingo games;

The name of each individual, corporation, partnership, or other legal entity which has a 䄭Іnancial

interest in the conduct of the bingo games;

The name of the person responsible for the operation of the bingo games; and

Such further information as may be required by the chief of police.


143



A.

B.

C.

D.

E.

4.12.200 - Permits—Applications—Fees.

A nonrefundable fee of 䄭Іfty dollars ($50.00) to defray the costs of investigations shall accompany the

permit application.


4.12.210 - Permits—Applications—Investigations.

When a completed application is 䄭Іled and the payment of the fee is made, the chief of police shall

cause an investigation to be made of the applicant. The chief of police shall have the authority to obtain

criminal history information for each person operating or assisting in the operation of a bingo game for the

purposes of his investigation. If he 䄭Іnds that such operators or persons assisting in the operation of a bingo

game have been convicted within the past 䄭Іve years of crimes involving lotteries, gambling, larceny, perjury,

bribery, extortion, fraud, or similar crimes involving moral turpitude, the chief of police may deny the

issuance of the permit in question.


4.12.220 - Permits—Denial.

The chief of police may refuse to issue a permit if, after consideration of the application and any other

papers, records, and 䄭Іles he deems relevant, it is determined that the operation of a bingo game would be

injurious to the health, safety, and morals of the people of the city or that the permit application or

proposed mode of operation of the bingo game is not in compliance with the provisions of this chapter.


4.12.230 - Permits—Issuance.

Upon being satis䄭Іed that the applicant is fully quali䄭Іed under the law to conduct bingo games in the

city, the chief of police shall issue a permit to such applicant, which permit shall contain the following

information:

The name and nature of the organization to which the permit is issued;

The address where bingo games are authorized to be conducted;

The hours of the day and days of the week during which bingo games are proposed to be

conducted;

The date of the expiration of such permit; and

Such other information as may be necessary or desirable for the enforcement of the provisions of

this chapter.

144



A.

B.


4.12.240 - Permits—Expiration—Renewal.

Each permit issued under this chapter shall expire on the anniversary of its issuance, unless sooner

revoked. An unrevoked permit may be renewed annually upon a written application to the chief of police

and the payment of a fee of twenty-䄭Іve ($25.00) dollars at least one month before its expiration date.


4.12.250 - Permits—Suspension or revocation.

The chief of police may suspend for a period not to exceed six months or revoke the permit issued

under this chapter upon determining that the holder of the permit has violated, or caused or permitted any

violation of, any provision of this chapter or state or federal law in connection with the conduct and

operation of bingo games. Upon receipt of information that the holder of a permit issued under this chapter

committed or caused or permitted any of such violations, the chief of police shall notify by mail the permit

holder of a hearing, to be held not less than 䄭Іve days after the date of mailing, to determine whether or not

the permit should be suspended or revoked. The notice shall state the date, time, and place of the hearing

and shall contain a statement of the grounds upon which the chief of police proposes to suspend or revoke

the permit. At the hearing, the permit holder and any other interested person shall have the right to present

evidence as to the facts upon which the chief of police proposes to suspend or revoke the permit and any

other facts which may aid the chief of police in determining whether any of such described violations has

occurred. If, after such hearing, the chief of police 䄭Іnds that any or all of the violations have occurred, he

shall notify the permit holder of that fact in writing and shall immediately suspend or revoke the permit.


4.12.260 - Permits—Denial of applications—Suspension or revocation—Appeals.

An applicant whose application is denied or a permittee whose permit is suspended or revoked has the

right, within ten (10) days after receiving notice in writing of the decision to deny the application or to

suspend or revoke the permit, to 䄭Іle a written notice of appeal with the chief administrative o섀䤽cer. The

notice shall set forth the speci䄭Іc grounds on which the appeal is based. The council shall hold a hearing

on the appeal within thirty (30) days after the proper 䄭Іling of the notice or at a time thereafter agreed

upon by the city and the appellant. At the hearing, the appellant or his authorized representative shall

have the right to present evidence and a written or oral argument, or both, in support of his appeal. The

determination of the council shall be 䄭Іnal.

Any organization whose permit is suspended or revoked under Section 4.12.25 of this chapter shall not

conduct any bingo game in the city unless and until such time as the council, on appeal, determines to

overrule the decision of the chief of police.

145



C.

A.

B.

C.

D.

A permittee whose permit is 䄭Іnally revoked may not again apply for a permit to conduct bingo games in

the city for a period of one year after the date of revocation, except if the sole grounds for revocation is

cancellation of the exemption granted under subsection (d) of Section 23701 of the Revenue and

Taxation Code of the state or loss of charitable status under subsection (2) of subsection (c) of Section

170 of the Internal Revenue Code of 1954 of the United states, in which case the former permittee may

apply for a new permit upon the reinstatement of its exemption and the resumption of its charitable

status.


4.12.270 - Filing of annual reports.

During the term of the permit, each nonpro䄭Іt charitable organization which has been issued a permit

shall 䄭Іle a report with the city clerk at the end of the 䄭Іscal year which report shall contain the following

information:

Any changes in, or additions to, the information required under Section 4.12.190 of this chapter;

The total amount of money received from the operation of bingo games in the previous 䄭Іscal year;

The total amount paid out in prizes; and

The detailed costs to the organization for the operation of the bingo games.


4.12.280 - Permits nontransferable.

Permits granted under this chapter shall not be transferable, either as to the permit or the location. Any

attempt to transfer a permit shall render the permit in question invalid.


4.12.290 - City may enjoin violations.

The city may bring an action in a court of competent jurisdiction to enjoin a violation of Section 326.5 of

the Penal Code of the state or of this chapter.


4.12.300 - Provisions supplementary to state laws.

The provisions of this chapter are not intended to con섃Ⰰict with, but shall supplement, all the laws of the

state relating to lotteries, gambling, or gaming.


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8/10/2016 Chapter 4.51 BINGO GAMES

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Palo Alto Municipal Code

Chapter 4.51 BINGO GAMES

Sections:

4.51.010 Purpose and authority.

4.51.020 Bingo defined.

4.51.030 Organizations permitted to conduct bingo games.

4.51.040 Applications.

4.51.050 Minors.

4.51.060 Where bingo may be conducted.

4.51.070 Open to the public.

4.51.080 Staffing and operation.

4.51.090 Financial interest.

4.51.100 Separate fund.

4.51.110 Physical presence at bingo game required.

4.51.120 Total value of prizes.

4.51.130 Time of operation.

4.51.140 Authority to inspect.

4.51.150 Notice to police.

4.51.160 Individual license requirements.

4.51.170 Term and transferability of licenses.

4.51.180 Grounds for disciplinary action.

4.51.190 Attendance limited to occupancy capacity.

4.51.200 Size of game.

4.51.210 Wage, profit or salary.

4.51.220 Annual report.

4.51.230 Prohibited locations.

4.51.240 Equipment.

4.51.250 Required parking.148



4.51.010 Purpose and authority.

This chapter is enacted pursuant to Article IV, Section 19(c), and Article XI, Sections 5 and 7 of theConstitution of the state, and Section 326.5 of the California Penal Code, or successor legislation, as thesame may be amended from time to time.

(Ord. 2969 § 1 (part), 1977)

4.51.020 Bingo defined.

As used in this chapter, "bingo" means a game of chance in which prizes are awarded on the basis ofdesignated numbers or symbols on a card which conform to numbers or symbols selected at random.

(Ord. 2969 § 1 (part), 1977)

4.51.030 Organizations permitted to conduct bingo games.

No person, organization or other legal entity shall conduct, share in the profits from, authorize, supervise,promote, or provide any service to a bingo game within the city, with or without compensation, exceptunder license from the chief of police, as provided in this chapter. Only an organization furnishing acertificate or other formal indicia from the California Franchise Tax Board and the United States InternalRevenue Service stating that such organization is exempted from the payment of the bank and corporationtax by Section 23701d of the Revenue and Taxation Code and a contribution or gift to which would be acharitable contribution under Section 170(c)(2) of the Internal Revenue Code of 1954 is entitled to applyfor such a license.

(Ord. 2969 § 1 (part), 1977)

4.51.040 Applications.

All applications and other proceedings shall be made to the chief of police, between eight a.m. and fivep.m. Monday through Friday, except holidays, pursuant to and subject to Chapter 4.04. Any license whichis issued shall be subject to this chapter, in addition to any requirements or conditions of Chapter 4.04 andthe laws of the state of California.

(Ord. 2969 § 1 (part), 1977)

4.51.050 Minors.

No minors shall be allowed to participate in any bingo game.

(Ord. 2969 § 1 (part), 1977)

4.51.060 Where bingo may be conducted.

A nonprofit, charitable organization shall conduct a bingo game only on property owned or leased by it,and which property is used by such organization for its principal office or for performance of the purposesfor which the organization is organized, on a regular, continual basis.

(Ord. 2969 § 1 (part), 1977)

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4.51.070 Open to the public.

All bingo games shall be open to the public, not solely to the members of the nonprofit charitableorganization.

(Ord. 2969 § 1 (part), 1977)

4.51.080 Staffing and operation.

A bingo game shall be operated and staffed only by licensed members of the nonprofit charitableorganization which organized it. Such members shall not receive a profit, wage, or salary from any bingogame. Only the organization authorized to conduct a bingo game shall operate such game, or participate inthe promotion, supervision or any other phase of such game.

(Ord. 2969 § 1 (part), 1977)

4.51.090 Financial interest.

No individual, corporation, partnership, or other legal entity except the organization authorized toconduct a bingo game shall hold a financial interest in the conduct of such bingo game.

(Ord. 2969 § 1 (part), 1977)

4.51.100 Separate fund.

All profits derived from a bingo game shall be kept in a special fund or account and shall not becommingled with any other fund or account.

(Ord. 2969 § 1 (part), 1977)

4.51.110 Physical presence at bingo game required.

No person shall be allowed to participate in a bingo game, unless the person is physically present at thetime and place in which the bingo game is being conducted.

(Ord. 2969 § 1 (part), 1977)

4.51.120 Total value of prizes.

The total value of prizes awarded during the conduct of any bingo games shall not exceed two hundredfifty dollars in cash or kind, or both, for each separate game which is held.

(Ord. 2969 § 1 (part), 1977)

4.51.130 Time of operation.

Bingo games shall be conducted only during the hours of noon to eleven p.m. No organization mayconduct, authorize, supervise, promote, or share in the profits from a bingo game more than one day in anysevenday period.

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(Ord. 2969 § 1 (part), 1977)

4.51.140 Authority to inspect.

The chief of police or his designee shall have the authority to inspect the premises and records of alicensee relating to bingo games at any reasonable time, including, but not limited to, times during whichgames are being conducted, to insure that the operation of bingo games does not constitute a violation ofCalifornia or United States law or of this code. All records relating to bingo games shall be maintained forat least three years. Failure to permit such inspection upon reasonable notice shall be grounds forrevocation or suspension of the license.

(Ord. 2969 § 1 (part), 1977)

4.51.150 Notice to police.

Not less than twentyfour hours in advance of the scheduled commencement time of any bingo game, thelicensee shall notify the Palo Alto police department that such game will be conducted. Any licensee mayfile a written statement with the department specifying fixed days and times upon which bingo games shallbe conducted, and the day or time of bingo games shall not be changed from that shown on the writtennotice without an amended written notice being filed with the department, or the alternative means ofcompliance specified in this section.

(Ord. 2969 § 1 (part), 1977)

4.51.160 Individual license requirements.

(a) Each applicant for an individual license shall state the name, date of birth, and such otherinformation required by the chief of police. No licensee shall be permitted to play in a bingo game forwhich the license is issued.

(b) Fees for the issuance or renewal of the license required in this chapter shall be as specified in themunicipal fee schedule.

(Ord. 2969 § 1 (part), 1977)

4.51.170 Term and transferability of licenses.

Any license issued under this chapter shall not be transferable. Licenses shall be good for one year fromthe date of issuance, or until suspended or revoked.

(Ord. 2969 § 1 (part), 1977)

4.51.180 Grounds for disciplinary action.

In addition to those grounds specified in Chapter 4.04, or the laws of the state of California, applicationsmay be denied, suspended or revoked whenever the licensee, applicant, or any person listed under Section4.51.160 has been convicted of any public offense involving bingo, or enjoined from violation thereof, orhas within the last five years been convicted of any crime involving lotteries, gambling, larceny, perjury,bribery, extortion, fraud, or similar criminal offense.

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(Ord. 2969 § 1 (part), 1977)

4.51.190 Attendance limited to occupancy capacity.

Notwithstanding the requirement that any bingo game be open to the public, attendance at any bingogame shall be limited to the occupancy capacity of the room in which such game is conducted, asdetermined by the fire chief of the city and the building official in accordance with applicable laws andregulations. Seats or spaces shall not be reserved for any person except for the handicapped. All applicableprovisions of the municipal code relating to health, safety and general welfare shall be met by licenseebefore conducting a bingo game.

(Ord. 2969 § 1 (part), 1977)

4.51.200 Size of game.

No bingo game shall be conducted except in a room wherein the persons drawing and calling out theletters and numbers are visible to every person playing the game without the aid of mechanical devices. Nomechanical device shall be used to transmit the image or voice of the person drawing or calling thenumbers, or the numbers themselves, to any room other than the room in which the game is being played.

(Ord. 2969 § 1 (part), 1977)

4.51.210 Wage, profit or salary.

It is a misdemeanor under Section 326.5(b) of the Penal Code of the state for any person to receive aprofit, wage or salary from any bingo game authorized under this chapter. A violation of said provision ispunishable by a fine not to exceed ten thousand dollars, which fine shall be deposited in the general fund ofthe city.

(Ord. 2969 § 1 (part), 1977)

4.51.220 Annual report.

Each organization licensed to conduct a bingo game shall file with the police chief of the city, not laterthan thirty days after the close of its fiscal year, or the expiration, suspension or revocation of the licenseissued under this chapter, whichever occurs earlier:

(a) Detailed financial report containing any changes in the information previously furnished to the cityfor issuance of the license, or otherwise;

(b) The total amount of money received from the operation of bingo games during the period covered;

(c) The total amount paid out in prizes, detailed costs to the organization for the operation of bingogames; and

(d) Such other information as may be required or requested by the city manager.

All of said information is subject to audit at such reasonable times and places as may be requested by thecity auditor. Any expenses for such audit, whether conducted by the city auditor or a contractor or otherdesignee working under his direction, shall be the responsibility of the licensee.

(Ord. 3514 § 23, 1984: Ord. 3507 § 23, 1984: Ord. 2969 § 1 (part), 1977)

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4.51.230 Prohibited locations.

No license for a bingo game may be issued to any organization or for any premises in which there is anytype of license for the sale or consumption of alcoholic beverages, except a club defined under Section23423 of the California Business and Professions Code or successor legislation, on condition that noalcoholic beverage be sold or consumed in the room in which bingo games are played during such games,or any license issued under Chapters 4.46, 4.52, 4.54, or 4.55.

(Ord. 2969 § 1 (part), 1977)

4.51.240 Equipment.

All equipment used in any bingo game shall be owned free and clear by the organization sponsoring thegame.

(Ord. 2969 § 1 (part), 1977)

4.51.250 Required parking.

The number of persons permitted to play any bingo game in the R1 zone shall not exceed the number ofoffstreet parking spaces provided by the licensee multiplied by three, irrespective of whether theoccupancy limit of the room in which bingo games are played is greater. The number of persons permittedto play any bingo game shall be noted upon the license. The licensee shall have the affirmative duty torequire players to use the offstreet parking, and may deny admission to the game for any person not socomplying.

(Ord. 2969 § 1 (part), 1977)

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