HomeMy WebLinkAbout06-07-2006 City Council Agenda Packet
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
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JUNE 7,2006
CLOSED SESSION- 5:15 P.M. - ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITV ALE AVENUE
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: City Manager Dave Anderson
Employee organization: SMO
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: Barbra Powell, Assistant City Manager,
Michelle Braucht, Administrative Services Director, Monica LaBossiere, and
Human Resource Manager.
Employee organization: SEA
OPEN SESSION - PUBIC HEARING 6:00 P.M.
JOINT MEETING WITH PLANNING COMMISSION
lA Application 06-235 - Zoning Text Amendment Pertaining to the Statewide
Density Bonus Law (Application to all Zoning Designations where Multi-family
Residential Uses are either Permitted or Conditional Uses)
Recommended action:
I. Conduct the joint Public Hearing with the Planning Commission
2. Consider the recommendation of the Planning Commission
3. Waive the first reading and direct staff to schedule this item for a Second
Reading for adoption on the consent calendar at the next regularly
scheduled City Council meeting.
lB. Adoption of Update Noise Ordinance
Recommended action:
Conduct public hearing and continue the item to a date uncertain with the
Planning Commission.
REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUlTV ALE AVENUE
ARCHIVE copy
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov'!. Code 54954.2, the agenda for this meeting was properly posted on
June 1,2006.)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Ae:endized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct stafJ
accordingly regarding Oral Communications under Council Direction to Staff
Oral Communications - Council Direction to Staff
lnstruction to StafJ regarding actions on current Oral Communications.
Communications from Boards and Commissions
Report from the Planning Commission.
Council Direction to Staff
lnstruction to StafJregarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
2A. Commendations for Outgoing Youth Commissioners
Recommended action:
Present commendations.
2B. Appointment of Youth Commission Members and Oath of Office
Recommended action:
Adopt resolution and administer Oath of Office.
SPECIAL PRESENTATIONS
None
2
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes
3A. Approval of Check Register
Recommended action:
Accept register.
3B. Motor Vehicle (MY) Resolution Prohibiting Parking on Bucknall
Recommended action:
Adopt resolution.
3C. Authorization to Purchase One (I) Chevrolet 3500 Utility Truck and One (I)
Riding Turf Sweeper
Recommended action:
Authorize purchase.
3D. Request for Additional Funding for Maintenance Contract (Striping Contract) for
FY 05/06 and Approval of Existing Contract Through FY 06/07
Recommended action:
Approve additional finding and approve extending existing contract.
3E. Initiation of Annexation of an Approximately 86,153 (gross) Square Foot Parcel
(APN 510-26-001) Located at 19930 Sunset Drive
Recommended action:
Adopt resolution initiating annexation.
3F. Resolution Calling the General Municipal Election - November 7, 2006
Recommended action:
Adopt resolution.
3G. Addition and Alterations to the James McWilliams House - Award of
Construction Contract
Recommended action:
I. Move to declare Romano Construction, Inc. to be the lowest responsible
bidder on the Addition and Alterations to the James McWilliams House
project.
2. Award a construction contract for addition and alterations to the James
McWilliams House to Romano Construction, Inc. in the amount of
$96,249 and authorize the City Manager to execute the same.
3H. Supplemental Law Enforcement Services Funds (SLESF)
Recommended action:
Adopt resolution.
3
31. Oak Place & Highway 9 Pedestrian Improvements - Award of Construction
Contract
Recommended action:
I. Move to declare George Bianchi Construction to be the lowest responsible
bidder on the project.
2. Award a construction contract to George Bianchi Construction in the
amount of$120,9l3.
3. Move to authorize staff to execute change orders to the contract up to
$24,000.
4.
3J. Blaney Plaza Improvements Phase II - Rejection of Bids
Recommended action:
I. Move to reject all bids for the Blaney Plaza Improvements Phase II Project
2. Direct staff to refine scope of project, set new project start/finish date, and
re-bid.
PUBLIC HEARINGS
4. Resolution Ordering the Abatement of a Public Nuisance by Removal of
Hazardous Vegetation
Recommended action:
Conduct public hearing and adopt resolution.
5. Landscaping & Lighting Assessment District LLA-l Approval of Engineer's
Report and Conformation of Assessments for FY 06-07
Recommended action:
I. Conduct Public Hearing
2. Adopt Resolution Ordering the Improvement and Confirming the Diagram
and Assessments for FY 06-07
3. Approve two-year extension of existing professional services agreement
with John H. Heindel for Assessment Engineering and authorize City
Manager to execute the same.
6. Initiate Annexation of two County Islands Under the Expedited Annexation
Program
Recommended action:
Conduct public hearing and adopt resolution initiating annexation of the I 04 acre
Prospect Road Area and the 20 acre Hidden Hill Area.
OLD BUSINESS
7. Resolution Establishing an Expense Reimbursement Policy for Elected and
Appointed Officials
Recommended action:
Adopt the attached resolution establishing an expense reimbursement policy for
elected and appointed officials.
4
8. Kevin Moran Park Improvement Project - Review of Conceptual Design Plan
Recommended action:
I. Consider report
2. Accept public testimony,
3. Provide direction to staff regarding conceptual design plan to be reviewed
in environmental analysis.
NEW BUSINESS
9. Teen Center Alternatives
Recommended action:
Accept report and direct staff accordingly.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mavor Norman Kline
Association of Bay Area Government
Chamber of Commerce
Library Joint Powers Association
Hakone Foundation
Santa Clara County Emergency Preparedness Council
Valley Transportation Authority PAC
West Valley Mayors and Managers Association
TEA AdHoc
Vice Mavor Aileen Kao
County Cities Association Legislative Task Force
Santa Clara County Cities Association
County HCD Policy Committee
SASCC
SASCC AdHoc
Councilmember Nick Streit
Recycling & Waste Reduction Commission of SCC
Santa Clara County Valley Water Commission
West Valley Solid Waste Joint Powers Association
West Valley Sanitation District
City/School AdHoc
Councilmember Ann Waltonsmith
KSAR Community Access TV Board
Northern Central Flood Control Zone Advisory Board
Saratoga Historic Foundation
Sister City Liaison
5
Councilmember Kathleen Kine
Peninsula Division, League of California Cities
SCC Cities Association-Joint Economic Development Policy Committee (JEDPC)
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER'S REPORT
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 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)
Certificate of Posting of Agenda.
I. Cathleen Boyer, City Clerkfor the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on June I, 2006.
City o{Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public
at loc . n. The agenda is also available on the City's website at
.CG.
. . 1st day of June, 2006 at Saratoga, California.
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6/21
7/5
7/19
8/2
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9/6
9/20
10/4
10/18
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12/6
12/20
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2006
Regular Meeting - Joint Meeting with Heritage Preservation Commission
and Historic Foundation
Reglllar Meetiag Cancelled
Regular Meeting
Regular Meeting
Summer Recess
Regular Meeting - Joint Meeting with Planning Commission
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting - Joint Meeting with Planning Commission - Council
Reorganization
Regular Meeting - Joint meeting with Heritage Preservation Commission
7
SARATOGA CITY COUNCIL
JOINT MEETING WITH
PLANNING COMMISSION
MEETING DATE: June 7. 2006
AGENDA ITEM:
PREPARED BY:
Lata Vasudevan AI P
SUBJECT: Application 06-235 - Zoning Text Amendment Pertaining to the Statewide
Density Bonus Law (Applicable to all Zoning Designations where Multi-Family Residential
Uses are either Permitted or Conditional Uses)
RECOMMENDED ACTIONS:
I. Conduct the joint Public Hearing with the Planning Commission;
2. Consider the recommendation ofthe Planning Commission; and
3. Waive the Pirst Reading and direct staff to schedule this item for a Second Reading for
adoption on the consent calendar at the next regularly scheduled City Council meeting.
REPORT:
The State of California mandates that all cities and counties must grant a density bonus to
housing developments of five or more units, if they include a specified percentage of affordable
or senior citizen housing. This requirement is stated in the City of Saratoga's Housing Element of
the General Plan under Program 2.1. Pursuant to the direction ofthe State Department of
Housing and Community Development, the City must adopt an ordinance to implement State law
- Section 65915 ofthe California Government Code - hereinafter referred to as the Statewide
Density Bonus Law.
In September 2004, the Governor of the State of California signed SB 1818, which amended the
Statewide Density Bonus Law and became effective on January 1,2005. SB 1818 amended the
Statewide Density Bonus Law in several ways. The bill created a sliding scale in which
development with fewer affordable units now qualify for a density bonus, with a density bonus
increase as the percentage of affordable units increases. The bill also increased the maximum
allowed density bonus to 35% and required that municipalities offer one to three incentives
(depending on the number of affordable units constructed) instead of just one.
SB 1818 became controversial as many cities were having a difficult time implementing it.
Therefore, the Statewide Density Bonus Law was again amended and went into effect on January
- I -
1,2006 when the Governor signed into law SB 435. SB 435 clarifies provisions set forth in SB
1818 and achieves the following: (J) provides legislative intent language indicating that local
governments should encourage higher density housing in urban areas with adequate infrastructure
to serve the housing; (2) clarifies that the percentage of affordability, for purposes of determining
the applicable density bonus, is calculated by dividing the number of affordable units by the total
number of units before any density bonus is applied; (3) provides that the density bonus for
senior developments applies to senior mobile home parks, as well. The Saratoga City Code does
not reflect the provisions of the Statewide Density Bonus Law enacted in 2003, and the
subsequent amendments that became effective in 2005 and 2006.
Highlights of the Proposed Zoning Text Amendment
The proposed zoning text amendment will add a new Article to the Zoning Ordinance, Chapter
15 of the City Code. A density bonus will only be granted to applicants who agree to construct
affordable housing units or meet the land donation requirements described below. In light of the
complexity of the state law and the repeated changes to that law, the zoning code amendment
adopts the Statewide Density Bonus Law by reference. (The current version of the law is
attached as an exhibit to this staff report.) The ordinance also specifies procedures that must be
followed by applicants requesting a density bonus.
The following is a list containing the highlights ofthe Statewide Density Bonus Law, which:
· Creates a range of density bonuses an applicant can obtain, which is based on a
percentage of affordable units constructed.
· Provides for a maximum density bonus of 35% (for projects with 20% low income units,
II % very low income, or 40% moderate income units).
· Requires the City to grant I to 3 incentives, such as reductions in development standards
and requirements (e.g. off-street parking, setbacks, open space, and so forth). The number
of incentives that are granted will be based on the percentage of affordable housing units
constructed.
· Applies the moderate income density bonus to common interest developments including
condominium and Planned Unit Development projects.
· Grants a flat 20% density bonus for qualifYing senior citizen housing.
· Creates a land donation density bonus provision for applicants who donate their land for
very-low income housing to the City or to an applicant approved by the City. The land
must meet requirements related to permitted by-right zoning, location, size, and so forth.
A land donation meeting the minimum requirements will be entitled to receive a 15%
density bonus for the entire development and land donations exceeding the requirements
can obtain a 35% density bonus.
· Creates a child care facility density bonus or incentive program for applicants who
construct a child care facility as part of, on the premises of, or adj acent to a housing
development project receiving a density bonus. The City must grant an additional density
bonus equivalent to one square foot of residential space per one square foot of child care
area or an additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the childcare facility.
- 2-
· Limits off-street parking requirements that the City can impose on density bonus
developments to the following ratios: 0-1 bedroom dwelling unit - lon-site parking
space; 2-3 bedrooms dwelling unit - 2 on-site parking spaces; and 4 or more bedrooms
dwelling unit - 2.5 parking spaces. These numbers would apply to the entire development
and are inclusive of guest and handicapped parking and may be tandem or uncovered (but
can not be off-site). The parking standards may be requested even if no density bonus is
requested for a project that qualifies for a density bonus.
. The law specifies that the density bonus is to be determined with reference to existing
General Plan and zoning designations and that issuance ofthe bonus is not be considered
a General Plan or zoning amendment.
ENVIRONMENTAL ASSESSMENT
Pursuant to CEQA requirements, an Initial Study and a Notice of Intent to Adopt a Negative
Declaration were prepared by Staff and made available for public review from February I -
February 20, 2006. Staff did not receive any public comments on these documents during this
review period. The proposal is to amend the Zoning Ordinance according to the Statewide
Density Bonus Law. Staff has determined that the proposed Zoning Text Amendment could not
have a significant effect on the environment and is requesting that the Planning Commission
recommend City Council adoption of a Negative Declaration.
It is important to note that subsequent projects proposed as a result of this amendment will be
subject to project-specific environmental review, as appropriate, to determine if there would be
any potential impacts to the environment. The density bonus, incentive or concession, and/or
requests for the waiver or modification of development standards of any project facilitated by this
new amendment will be denied if, based on substantial evidence, it will have a specific adverse
impact upon public health and safety or the physical environment.
ALTERNATIVES: The Council could elect to adopt reimbursement policies that vary from the
model policies in order to reflect local standards or a different policy on the reasonable scope of
reimbursable expenses.
FISCAL IMPACTS: No significant fiscal impacts.
ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice was published in the
Saratoga News on May 24, 2006.
ATTACHMENTS:
I. Ordinance Adopting the Zoning Text Amendment.
2. Statewide Density Bonus Law (Government Code Section 65915).
3. Initial Study and Negative Declaration.
- 3 -
Attachment 1
ORDINANCE
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING DENSITY BONUSES
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1.
Findings.
The City Council finds and declares as follows:
E.
Section 2.
A.
The Housing Element of the General Plan requires that the City adopt a Zoning
Text Amendment to include the provisions of Section 65915 of the California
Government Code.
B.
The Planning Commission and City Council held a duly noticed Public Hearing
on the above-described Zoning Text Amendment at which time all interested
parties were given a full opportunity to be heard and to present evidence.
c.
The proposed Zoning Text Amendment is consistent with the objectives ofthe
City of Saratoga General Plan in that it implements Program 2.1 ofthe adopted
Housing Element.
D.
The proposed Zoning Text Amendment is in accordance with the objectives of
Section 65915 ofthe California Government Code as amended by SB 1818 and
SB 435.
The Zoning Text Amendment was the subject of an Initial Study under the
Envirorunental Quality Act ("CEQA") and on the basis of said Initial Study it has
been determined that the proposed project could not have a significant effect on
the envirorunent and that the Negative Declaration hereto as Exhibit A is hereby
adopted.
Adoption.
The Saratoga City Code is hereby amended by adding the text shown below:
Sections:
15-81.010
Article 15-81 HOUSING DENSITY BONUS
Purpose and Applicability.
1
Ordinance No.
15-81.020
15-81.030
15-81.040
15-81.050
Density Bonus.
Application.
Review Procedures.
Required Affordable Housing Density Bonus Agreement.
15-81.010
Pwpose and Applicability.
The pwpose of this Article is to comply with the Statewide Density Bonus Law (California
Government Code 65915) and to implement the Housing Element of the General Plan by
providing increased residential densities for projects that guarantee that a portion of the housing
units constructed in a housing development will be restricted to senior citizens or affordable to
moderate, lower, or very low income persons or for the donation ofland for very low income
housing.
15-81.020
Density Bonus.
Applicants for qualifying projects shall be eligible for a density bonus and other incentives and
concessions to the extent required by California Government Code section 65915. Any request
for approval of a density bonus and incentives and concessions pursuant to this Article shall be
made along with other applicable related planning action requests for the project as specified in
the City of Saratoga Zoning Ordinance. Applicants for which applications for one or more
approvals are pending at the time this Article is adopted shall apply for a density bonus and other
incentives and concessions within 90 days of the effective date of this Article.
15-81.30 Application.
Applicants requesting a density bonus or other incentive or concession shall submit an
application to the Cornmunity Development Director. Determination of the completeness and
accuracy of the information submitted in support of a request for an incentive and evaluation of
this information shall be made by the City, or by a third party agreed to jointly by the City and
the applicant. The application shall include:
a. A concise written description ofthe project, including location, nlUllber and type of
housing units, including affordable units and bonus units, and the planning
approval( s) required.
b. A site map showing the location and general layout of the proposed housing
development and surrounding land uses and roadways.
c. A written request for the specific incentive(s) or concession(s) sought, accompanied by a
description of the rationale and accurate supporting information sufficient to demonstrate
that any requested concession or incentive is necessary to make the affordable units
economically feasible and set rents at qualifying levels. If applicable, the applicant shall
identify the proposed use of any housing subventions or programs for the housing
2
Ordinance No.
development, such as Community Development Block Grants or other sources of
funding.
d. Information demonstrating the feasibility of the project as proposed including the
following:
I. A development pro forma with the capital costs, operating expenses, return on
investment, revenues, loan-to-value ratio and the debt-coverage ratio including the
contribution provided by any applicable subsidy programs, and the economic
effect created by the 30 year use and income restrictions of the affordable housing
units.
2. An appraisal report indicating the value of the density bonus and of the
incentive( s) and of the value of any other incentives.
3. Sources and use offunds statement identifYing the projected financing gap of the
project with the affordable housing units that are the basis for granting the density
bonus and incentive(s). The applicant shall establish how much of the gap would
be covered by the density bonus, leaving a remainder figure to be covered by an
additional incentive.
e. Such other materials as the Community Development Director may determine are
necessary to review the request in accordance with this Code.
15.81-040
Review Procedures.
Within 90 days of receipt of a complete proposal, the Community Development Director shall
notify the applicant in writing what the staff will recommend as to how the City will comply with
this Article, and shall indicate whether staff has determined that the housing development
complies with this Article and with the applicable planning and zoning regulations. If the
housing development is proposed as a planned community district, the density bonus and
incentive(s) shall be considered by the Planning Commission and City Council with the
accompanying rezoning. If the housing development is not proposed as a planned community
district, the request shall be processed as part ofthe design review approval process subject to the
requirements of this Article.
15-81.050
Required Affordable Housing Density Bonus Agreement.
Prior to the issuance of a building permit for any dwelling unit in a development for which a
density bonus has been awarded or incentives or concessions have been granted, the applicant
shall enter into a written agreement with the City for the duration of affordability. The terms and
conditions of the agreement shall run with the land which is to be developed, shall be binding
upon the successor in interest of the applicant, and shall be recorded in the Santa Clara County
Recorder's Office. The agreement shall be approved by the City Council and shall include
provisions for the following and any other matters required by law:
3
Ordinance No.
A. The number and proportion of housing units affordable to moderate income, lower
income and very low income households by type, location, and number of bedrooms.
B. Standards for maximum qualifying household incomes and maximum rents or sale prices.
C. The party responsible for certifying rents and sale prices of affordable housing units.
D. The process that will be used to certify incomes of tenants or purchasers of the affordable
housing units.
E. The manner in which vacancies will be marketed and filled, including the screening and
qualifying of prospective renters and purchasers of the affordable units.
F. Deed restrictions on the affordable housing units binding on property upon sale or
transfer.
G. Enforcement mechanisms to ensure that the affordable units are continuously occupied by
eligible households an are not sold, rented, leased, sublet, assigned, or otherwise
transferred to non-eligible households.
H. Project phasing, including the timing of completion, and rentals or sale ofthe affordable
housing units, in relation to the timing of the market-rate units.
Section 3.
Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other section,
sub-section, 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 further declares its express intent that
the remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a
newspaper of general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City
Council ofthe City of Saratoga held on the 7th day of June, 2006, and was adopted by the
following vote following a second reading on the 2151 day of June, 2006:
4
Ordinance No.
AYES:
NOES:
ABSENT:
Norman Kline
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
Cathleen Boyer
CITY CLERK
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
5
Ordinance No.
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CALIFORNIA CODES
GOVERNMENT CODE
SECTION 65915-65918
65915. (a) When an applicant seeks a density bonus for a housing
development within, or for the donation of land for housing within,
the jurisdiction of a city, county, or city and county, that local
government shall provide the applicant incentives or concessions for
the production of housing units and child care facilities as
prescribed in this section. All cities, counties, or cities and
counties shall adopt an ordinance that specifies how compliance with
this section will be implemented.
(b) (1) A city, county, or city and county shall grant one density
bonus, the amount of which shall be as specified in subdivision (9) f
and incentives or concessions, as described in subdivision (d), when
an applicant for a housing development seeks and agrees to construct
a housing development, excluding any units permitted by the density
bonus awarded pursuant to this section, that will contain at least
anyone of the following:
(A) Ten percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) Five percent of the total units of a housing development for
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(C) A senior citizen housing development as defined in Sections
51.3 and 51.12 of the Civil Code, or mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest
development as defined in Section 1351 of the Civil Code for persons
and families of moderate income, as defined in Section 50093 of the
Health and Safety Code, provided that all units in the development
are offered to the public for purchase.
(2) For purposes of calculating the amount of the density bonus
pursuant to subdivision (f), the applicant who requests a density
bonus pursuant to this subdivision shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
of paragraph (1).
(c) (1) An applicant shall agree to, and the city, county, or city
and county shall ensure, continued affordability of all low-and very
low income units that qualified the applicant for the award of the
density bonus for 30 years or a longer period of time if required by
the construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Rents for the lower
income density bonus units shall be set at an affordable rent as
defined in Section 50053 of the Health and Safety Code.
owner-occupied units shall be available at an affordable housing cost
as defined in Section 50052.5 of the Health and Safety Code.
(2) An applicant shall agree to, and the city, county, or city and
county shall ensure that, the initial occupant of the
moderate-income units that are directly related to the receipt of the
density bonus in the common interest development, as defined in
Section 1351 of the Civil Code, are persons and families of moderate
income, as defined in Section 50093 of the Health and Safety Code,
and that the units are offered at an affordable housing cost, as that
cost is defined in Section 50052.5 of the Health and Safety Code.
The local government shall enforce an equity-sharing agreement,
unless it is in conflict with the requirements of another public
funding source or law. The following apply to the equity-sharing
agreement:
(A) Upon resale, the seller of the unit shall retain the value of
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any improvements, the downpayment, and the seller!s proportionate
share of appreciation. The local government shall recapture any
initial subsidy and its proportionate share of appreciation, which
shall then be used within three years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote homeownership.
(B) For purposes of this subdivision, the local government's
initial subsidy shall be equal to the fair market value of the home
at the time of initial sale minus the initial sale price to the
moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance, If upon resale the market value is
lower than the initial market value, then the value at the time of
the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's
proportionate share of appreciation shall be equal to the ratio of
the initial subsidy to the fair market value of the home at the time
of initial sale.
(d) (1) An applicant for a density bonus pursuant to subdivision
(b) may submit to a city, county, or city and county a proposal for
the specific incentives or concessions that the applicant requests
pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county
shall grant the concession or incentive requested by the applicant
unless the city, county, or city and county makes a written finding,
based upon substantial evidence, of either of the following:
(A) The concession or incentive is not required in order to
provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to
be set as specified in subdivision (c).
(B) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate-income
households.
(2) The applicant shall receive the following number of incentives
or concessions:
(A) One incentive or concession for projects that include at least
10 percent of the total units for lower income households, at least
5 percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that include at
least 20 percent of the total units for lower income households, at
least 10 percent for very low income households, or at least 20
percent for persons and families of moderate income in a common
interest development.
(C) Three incentives or concessions for projects that include at
least 30 percent of the total units for lower income households, at
least 15 percent for very low income households, or at least 30
percent for persons and families of moderate income in a common
interest development,
(3) The applicant may initiate judicial proceedings if the city,
county, or city and county refuses to grant a requested density
bonus, incentive, or concession. If a court finds that the refusal to
grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff
reasonable attorneyrs fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon health, safety, or the physical environment, and for which there
is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact. Nothing in this subdivision shall be
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interpreted to require a local government to grant an incentive or
concession that would have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for
carrying out this section, that shall include legislative body
approval of the means of compliance with this section. The city,
county, or city and county shall also establish procedures for
waiving or modifying development and zoning standards that would
otherwise inhibit the utilization of the density bonus on specific
sites. These procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and placement of
public works improvements.
(e) In no case may a city, county, or city and county apply any
development standard that will have the effect of precluding the
construction of a development meeting the criteria of subdivision (b)
at the densities or with the concessions or incentives permitted by
this section. An applicant may submit to a city, county, or city and
county a proposal for the waiver or reduction of development
standards and may request a meeting with the city, county, or city
and county. If a court finds that the refusal to grant a waiver or
reduction of development standards is in violation of this section,
the court shall award the plaintiff reasonable attorney's fees and
costs of suit. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards
if the waiver or reduction would have a specific, adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5, upon
health, safety, or the physical environment, and for which there is
no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards
that would have an adverse impact on any real property that is listed
in the California Register of Historical Resources.
(f) The applicant shall show that the waiver or modification is
necessary to make the housing units economically feasible.
(g) For the purposes of this chapter, "density bonusll means a
density increase over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of
the general plan as of the date of application by the applicant to
the city, county, or city and county. The applicant may elect to
accept a lesser percentage of density bonus. The amount of density
bonus to which the applicant is entitled shall vary according to the
amount by which the percentage of affordable housing units exceeds
the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph
(A) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage tow-Income Percentage Density Bonus
Units
10 20
11 21. 5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
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33.5
20
35
(2) For housing developments meeting the criteria of subparagraph
IB) of paragraph (1) of subdivision Ib), the density bonus shall be
calculated as follows,
Percentage Very Low
Income Units
Percentage Density Bonus
5
20
6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
(3) For housing developments meeting the criteria of subparagraph
Ie) of paragraph (1) of subdivision Ib), the density bonus shall be
20 percent.
(4) For housing developments meeting the criteria of subparagraph
(D) of paragraph (1) of subdivision Ib), the density bonus shall be
calculated as follows:
Percentage Moderate-
Income Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
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23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units shall
be rounded up to the next whole number. The granting of a density
bonus shall not be interpreted, in and of itself, to require a
general plan amendment, local coastal plan amendment, zoning change,
or other discretionary approval. As used in subdivision (b), "total
unitsrl or "total dwelling units" does not include units permitted by
a density bonus awarded pursuant to this section or any local law
granting a greater density bonus. The density bonus provided by this
section shall apply to housing developments consisting of five or
more dwelling units.
(h) (1) When an applicant for a tentative subdivision map, parcel
map, or other residential development approval donates land to a
city, county, or city and county as provided for in this subdivision,
the applicant shall be entitled to a lS-percent increase above the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan for the
entire development, as follows:
Percentage Very Low
Income
Percentage Density Bonus
10
15
11
16
12
17
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13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
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(2) This increase shall be in addition to any increase in density
mandated by subdivision (b), up to a maximum combined mandated
density increase of 35 percent if an applicant seeks both the
increase required pursuant to this subdivision and subdivision (b).
All density calculations resulting in fractional units shall be
rounded up to the next whole number. Nothing in this subdivision
shall be construed to enlarge or diminish the authority of a city,
county, or city and county to require a developer to donate land as a
condition of development. An applicant shall be eligible for the
increased density bonus described in this subdivision if all of the
following conditions are met:
(A) The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
(B) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned for
development as affordable housing, and is or will be served by
adequate public facilities and infrastructure. The land shall have
appropriate zoning and development standards to make the development
of the affordable units feasible. No later than the date of approval
of the final subdivision map, parcel map, or of the residential
development, the transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development
of the very low income housing units on the transferred land, except
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that the local government may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i)
of Section 65583.2 if the design is not reviewed by the local
government prior to the time of transfer.
(0) The transferred land and the affordable units shall be subject
to a deed restriction ensuring continued affordability of the units
consistent with paragraphs (1) and (2) of subdivision (c), which
shall be recorded on the property at the time of dedication.
(E) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(F) The transferred land shall be within the boundary of the
proposed development or, if the local agency agrees, within
one-quarter mile of the boundary of the proposed development.
(i) (1) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises
of, as part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
(2) The city, county, or city and county shall require, as a
condition of approving the housing development, that the following
occur:
(A) The child care facility shall remain in operation for a period
of time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the
children of very low income households, lower income households, or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of dwelling units that are required
for very low income households, lower income households, or families
of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or a city and county shall not be required to provide a
density bonus or concession for a child care facility if it finds,
based upon substantial evidence, that the community has adequate
child care facilities.
(4) "Child care facility, II as used in this section, means a child
day care facility other than a family day care horne, including, but
not limited to, infant centers, preschools, extended day care
facilities, and schoolage child care centers.
(j) "Housing development, II as used in this section, means one or
more groups of projects for residential units constructed in the
planned development of a city, county, or city and county. For the
purposes of this section, "housing development" also includes a
subdivision or common interest development, as defined in Section
1351 of the Civil Code, approved by a city, county, or city and
county and consists of residential units or unimproved residential
lots and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the substantial
rehabilitation of an existing multifamily dwelling, as defined in
subdivision (d) of Section 65863.4, where the result of the
rehabilitation would be a net increase in available residential
units. For the purpose of calculating a density bonus, the
residential units do not have to be based upon individual subdivision
maps or parcels. The density bonus shall be permitted in geographic
areas of the housing development other than the areas where the units
for the lower income households are located.
(k) The granting of a concession or incentive shall not be
interpreted, in and of itself, to require a general plan amendment,
local coastal plan amendment, zoning change, or other discretionary
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approval. This provision is declaratory of existing law.
(1) For the purposes of this chapter, concession or incentive
means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required that results in identifiable,
financially sufficient, and actual cost reductions.
(2) Approval of mixed use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in
identifiable, financially sufficient, and actual cost reductions.
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city, county, or city and
county, or the waiver of fees or dedication requirements.
(m) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of the
Public Resources Code.
(n) Nothing in this section shall be construed to prohibit a city,
county, or city and county from granting a density bonus greater
than what is described in this section for a development that meets
the requirements of this section or from granting a proportionately
lower density bonus than what is required by this section for
developments that do not meet the requirements of this section.
(0) For purposes of this section, the following definitions shall
apply,
(1) IIDevelopment standard" includes site or construction
conditions that apply to a residential development pursuant to any
ordinance, general plan element, specific plan, charter amendment, or
other local condition, law, policy, resolution, or regulation.
(2) IIMaximum allowable residential density" means the density
allowed under the zoning ordinance, or if a range of density is
permitted, means the maximum allowable density for the specific
zoning range applicable to the project.
(p) II) Upon the request of the developer, no city, county, or
city and county shall require a vehicular parking ratio, inclusive of
handicapped and guest parking, of a development meeting the criteria
of subdivision Ib), that exceeds the following ratios,
(A) Zero to one bedrooms: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded
up to the next whole number. For purposes of this subdivision, a
development may provide "onsite parking" through tandem parking or
uncovered parking, but not through onstreet parking.
(3) This subdivision shall apply to a development that meets the
requirements of subdivision (b) but only at the request of the
applicant. An applicant may request additional parking incentives or
concessions beyond those provided in this section, subject to
subdivision (d).
65915.5. (a) When an applicant for approval to convert apartments
to a condominium project agrees to provide at least 33 percent of the
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total units of the proposed condominium project to persons and
families of low or moderate income as defined in Section 50093 of the
Health and Safety Code, or 15 percent of the total units of the
proposed condominium project to lower income households as defined in
Section 50079.5 of the Health and Safety Code, and agrees to pay for
the reasonably necessary administrative costs incurred by a city,
county, or city and county pursuant to this section, the city,
county, or city and county shall either (1) grant a density bonus or
(2) provide other incentives of equivalent financial value. A city,
county, or city and county may place such reasonable conditions on
the granting of a density bonus or other incentives of equivalent
financial value as it finds appropriate, including, but not limited
to, conditions which assure continued affordability of units to
subsequent purchasers who are persons and families of low and
moderate income or lower income households.
(b) For purposes of this section, "density bonus" means an
increase in units of 25 percent over the number of apartments, to be
provided within the existing structure or structures proposed for
conversion.
(c) For purposes of this section, "other incentives of equivalent
financial value" shall not be construed to require a city, county, or
city and county to provide cash transfer payments or other monetary
compensation but may include the reduction or waiver of requirements
which the city, county, or city and county might otherwise apply as
conditions of conversion approval.
(d) An applicant for approval to convert apartments to a
condominium project may submit to a city, county, or city and county
a preliminary proposal pursuant to this section prior to the
submittal of any formal requests for subdivision map approvals. The
city, county, or city and county shall, within 90 days of receipt of
a written proposal, notify the applicant in writing of the manner in
which it will comply with this section. The city, county, or city
and county shall establish procedures for carrying out this section,
which shall include legislative body approval of the means of
compliance with this section.
(e) Nothing in this section shall be construed to require a city,
county, or city and county to approve a proposal to convert
apartments to condominiums.
(f) An applicant shall be ineligible for a density bonus or other
incentives under this section if the apartments proposed for
conversion constitute a housing development for which a density bonus
or other incentives were provided under Section 65915.
65916. Where there is a direct financial contribution to a housing
development pursuant to Section 65915 through participation in cost
of infrastructure, write-down of land costs, or subsidizing the cost
of construction, the city, county, or city and county shall assure
continued availability for low- and moderate-income units for 30
years. When appropriate, the agreement provided for in Section 65915
shall specify the mechanisms and procedures necessary to carry out
this section.
65917. In enacting this chapter it is the intent of the Legislature
that the density bonus or other incentives offered by the city,
county, or city and county pursuant to this chapter shall contribute
significantly to the economic feasibility of lower income housing in
proposed housing developments. In the absence of an agreement by a
developer in accordance with Section 65915, a locality shall not
offer a density bonus or any other incentive that would undermine the
intent of this chapter.
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65917.5. (a) As used in this section, the following terms shall
have the following meanings:
(1) llChild care facilityll means a facility installed, operated,
and maintained under this section for the nonresidential care of
children as defined under applicable state licensing requirements for
the facility.
(2) lIDensity bonusll means a floor area ratio bonus over the
otherwise maximum allowable density permitted under the applicable
zoning ordinance and land use elements of the general plan of a city,
including a charter city, city and county, or county of:
(A) A maximum of five square feet of floor area for each one
square foot of floor area contained in the child care facility for
existing structures.
(B) A maximum of 10 square feet of floor area for each one square
foot of floor area contained in the child care facility for new
structures.
For purposes of calculating the density bonus under this section,
both indoor and outdoor square footage requirements for the child
care facility as set forth in applicable state child care licensing
requirements shall be included in the floor area of the child care
facility.
(3) IIDeveloper" means the owner or other person, including a
lessee, having the right under the applicable zoning ordinance of a
city council, including a charter city council, city and county board
of supervisors, or county board of supervisors to make application
for development approvals for the development or redevelopment of a
commercial or industrial project.
(4) I1Floor area" means as to a commercial or industrial project,
the floor area as calculated under the applicable zoning ordinance of
a city council, including a charter city council, city and county
board of supervisors, or county board of supervisors and as to a
child care facility, the total area contained within the exterior
walls of the facility and all outdoor areas devoted to the use of the
facility in accordance with applicable state child care licensing
requirements.
(b) A city council, including a charter city council, city and
county board of supervisors, or county board of supervisors may
establish a procedure by ordinance to grant a developer of a
commercial or industrial project, containing at least 50,000 square
feet of floor area, a density bonus when that developer has set aside
at least 2,000 square feet of floor area and 3,000 outdoor square
feet to be used for a child care facility. The granting of a bonus
shall not preclude a city council, including a charter city council,
city and county board of supervisors, or county board of supervisors
from imposing necessary conditions on the project or on the
additional square footage. Projects constructed under this section
shall conform to height, setback, lot coverage, architectural review,
site plan review, fees, charges, and other health, safety, and
zoning requirements generally applicable to construction in the zone
in which the property is located. A consortium with more than one
developer may be permitted to achieve the threshold amount for the
available density bonus with each developer's density bonus equal to
the percentage participation of the developer. This facility may be
located on the project site or may be located offsite as agreed upon
by the developer and local agency. If the child care facility is not
located on the site of the project, the local agency shall determine
whether the location of the child care facility is appropriate and
whether it conforms with the intent of this section. The child care
facility shall be of a size to comply with all state licensing
requirements in order to accommodate at least 40 children.
(c) The developer may operate the child care facility itself or
may contract with a licensed child care provider to operate the
facility. In all cases, the developer shall show ongoing
coordination with a local child care resource and referral network or
local governmental child care coordinator in order to qualify for
the density bonus.
(d) If the developer uses space allocated for child care facility
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purposes, in accordance with subdivision (b), for any purposes other
than for a child care facility, an assessment based on the square
footage of the project may be levied and collected by the city
council, including a charter city council, city and county board of
supervisors, or county board of supervisors. The assessment shall be
consistent with the market value of the space. If the developer
fails to have the space allocated for the child care facility within
three years, from the date upon which the first temporary certificate
of occupancy is granted, an assessment based on the square footage
of the project may be levied and collected by the city council,
including a charter city council, city and county board of
supervisors, or county board of supervisors in accordance with
procedures to be developed by the legislative body of the city
council, including a charter city council, city and county board of
supervisors, or county board of supervisors. The assessment shall be
consistent with the market value of the space. Any penalty levied
against a consortium of developers shall be charged to each developer
in an amount equal to the developer's percentage square feet
participation. Funds collected pursuant to this subdivision shall be
deposited by the city council, including a charter city council,
city and county board of supervisors, or county board of supervisors
into a special account to be used for childcare services or child
care facilities.
(e) Once the child care facility has been established, prior to
the closure, change in use, or reduction in the physical size of, the
facility, the city, city council, including a charter city council,
city and county board of supervisors, or county board of supervisors
shall be required to make a finding that the need for child care is
no longer present, or is not present to the same degree as it was at
the time the facility was established.
(f) The requirements of Chapter 5 (commencing with Section 66000)
and of the amendments made to Sections 53077, 54997, and 54998, by
Chapter 1002 of the Statutes of 1987 shall not apply to actions taken
in accordance with this section.
(9) This section shall not apply to a voter-approved ordinance
adopted by referendum or initiative.
65918. The provisions of this chapter shall apply to charter
cities.
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Senate Bill No. 1818
CHAPTER 928
An act to amend Section 659 I 5 of the Government Code, relating to
housing.
[Approved by Governor September 29,2004. Filed
with Secretary of State September 30, 2004.J
LEGISLATIVE COUNSEL'S DIGEST
SB 1818, Hollingsworth. Density bonuses.
The Planning and Zoning Law requires, when a developer of housing
proposes a housing development within the jurisdiction of the local
government, that the city, county, or city and county provide the
developer with a density bonus or other incentives or concessions for the
production of lower income housing units within the development if the
developer meets certain requirements, including a requirement that the
applicant agree or propose to construct a specified percentage of the total
units for specified income households or qualifYing residents. Existing
law also requires an additional density bonus or additional concession
or incentive to be granted to a developer of housing that meets those
requirements and includes a child care facility, as defined, subject to
specified conditions. Existing law prohibits the legislative body from
establishing fees to support the work of the planoing agency that exceed
the reasonable cost of providing the service for which the fee is charged.
This bill would revise the above-described provision to, among other
things, require, when a developer seeks a density bonus for a housing
development within, or for the donation of land within, the jurisdiction
of the local government, that the local government provide a density
bonus or other incentives or concessions for the production of housing
units and child care facilities, as specified. By increasing the duties of
local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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The people of the State of California do enact as follows:
SECTION I. Section 65915 of the Government Code is amended to
read:
65915. (a) When an applicant seeks a density bonus for a housing
development within, oc for the donation of land for housing within, the
jurisdiction of a city, county, or city and county, that local government
shaH provide the applicant incentives or concessions for the production
of housing units and child care facilities as prescribed in this section. AH
cities, counties, or cities and counties shall adopt an ordinance that
specifies how compliance with this section wiH be implemented.
(b) A city, county, or city and county shaH grant a density bonus and
incentives or concessions described in subdivision (d) when the
applicant for the housing development seeks and agrees to construct at
least anyone of the foHowing:
(I) Ten percent of the total units of a housing development for lower
income households, as defmed in Section 50079.5 of the Health and
Safety Code.
(2) Five percent of the total units of a housing development for very
low income households, as defined in Section 50105 ofthe Health and
Safety Code.
(3) A senior citizen housing development as defmed in Sections 5 I.3
and 51.12 of the Civil Code.
(4) Ten percent ofthe total dweHing units in a condominium project
as defined in subdivision (f) of, or in a planned development as defined
in subdivision (k) of, Section 1351 of the Civil Code, for pecsons and
families of moderate income, as defmed in Section 50093 of the Health
and Safety Code.
(c) (1) An applicant shaH agree to, and the city, county, or city and
county shaH ensure, continued affordability of all lower income density
bonus units for 30 years or a longer period of time if required by the
construction oc mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Those units targeted for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, shaH be affordable at a rent that does not exceed 30
percent of 60 percent of area median income. Those units targeted for
very low income households, as defined in Section 50105 of the Health
and Safety Code, shaH be affordable at a rent that does not exceed 30
percent of 50 percent of area median income.
(2) An applicant shall agree to, and the city, county, or city and county
shaH ensure that, the initial occupant of the moderate-income units that
are directly related to the receipt of the density bonus in the
condominium project as defined in subdivision (f) of, or in the planned
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unit development as defined in subdivision (k) of, Section 135 I of the
Civil Code, are persons and families of moderate income, as defmed in
Section 50093 of the Health and Safety Code. Upon resale, the seller of
the unit shall retain the value of any improvements, the downpayment,
and the seller's proportionate share of appreciation. The local
government shall recapture its proportionate share of appreciation,
which shall then be used within three years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and Safety
Code that promote homeownership. For purposes of this subdivision,
the local government's proportionate share of appreciation shall be equal
to the percentage by which the initial sale price to the moderate-income
household was less than the fair market value of the home at the time of
initial sale.
(d) (1) An applicant may submit to a city, county, or city and county
a proposal for the specific incentives or concessions that the applicant
requests pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county shall grant
the concession or incentive requested by the applicant unless the city,
county, or city and county makes a written fmding, based upon
substantial evidence, of either of the following:
(A) The concession or incentive is not required in order to provide for
affordable housing costs, as defmed in Section 50052.5 of the Health and
Safety Code, or for rents for the targeted units to be set as specified in
subdivision (c).
(B) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of Historical
Resources and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate-income households.
(2) The applicant shall receive the following number of incentives or
concessions:
(A) One incentive or concession for projects that include at least JO
percent of the total units for lower income households, at least 5 percent
for very low income households, or at least 10 percent for persons and
families of moderate income in a condominium or planned
development.
(B) Two incentives or concessions for projects that include at least 20
percent of the total units for lower income households, at least 10 percent
for very low income households, or at least 20 percent for persons and
families of moderate income in a condominium or planned
development.
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(C) Three incentives or concessions for projects that include at least
30 percent of the total units for lower income households, at least 15
percent for very low income households, or at least 30 percent for
persons and families of moderate income in a condominium or planned
development.
(3) The applicant may initiate judicial proceedings if the city, county,
or city and county refuses to grant a requested density bonus, incentive,
or concession. If a court finds that the refusal to grant a requested density
bonus, incentive, or concession is in violation of this section, the court
shall award the plaintiff reasonable attorney's fees and costs of suit.
Nothing in this subdivision shall be interpreted to require a local
government to grant an incentive or concession that has a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon health, safety, or the physical environment, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local government to grant an incentive or concession that
would have an adverse impact on any real property that is listed in the
California Register of Historical Resources. The city, county, or city and
county shall establish procedures for carrying out this section, that shall
include legislative body approval of the means of compliance with this
section. The city, county, or city and county shall also establish
procedures for waiving or modifYing development and zoning standards
that would otherwise inhibit the utilization of the density bonus on
specific sites. These procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and placement of public
works improvements.
(e) In no case may a city, county, or city and county apply any
development standard that will have the effect of precluding the
construction of a development meeting the criteria of subdivision (b) at
the densities or with the concessions or incentives permitted by this
section. An applicant may submit to a city, county, or city and county a
proposal for the waiver or reduction of development standards and may
request a meeting with the city, county, or city and county. If a court finds
that the refusal to grant a waiver or reduction of development standards
is in violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this subdivision
shall be interpreted to require a local government to waive or reduce
development standards if the waiver or reduction would have a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon health, safety, or the physical environment, and for which
there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
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require a local government to waive or reduce development standards
that would have an adverse impact on any real property that is listed in
the California Register of Historical Resources.
(f) The applicant shall show that the waiver or modification is
necessary to make the housing units economically feasible.
(g) (I) For the purposes of this chapter, except as provided in
paragraph (2), "density bonus" means a density increase of at least 20
percent, unless a lesser percentage is elected by the applicant, over the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan as of the date
of application by the applicant to the city, county, or city and county. The
amount of density bonus to which the applicant is entitled shall vary
according to the amount by which the percentage of affordable housing
units exceeds the percentage established in subdivision (b). For each I
percent increase above 10 percent in the percentage of units affordable
to lower income households, the density bonus shall be increased by 1.5
percent up to a maximum of 35 percent. For each I percent increase
above 5 percent in the percentage of units affordable to very low income
households, the density bonus shall be increased by 2.5 percent up to a
maximum of 35 percent. All density calculations resulting in fractional
units shall be rounded up to the next whole number. The granting of a
density bonus shall not be interpreted, in and of itself, to require a general
plan amendment, local coastal plan amendment, zoning change, or other
discretionary approval. The density bonus shall not be included when
determining the number of housing units that is equal to 5 or 10 percent
of the total. The density bonus shall apply to housing developments
consisting of five or more dwelling units.
(2) For the purposes of this chapter, if a development does not meet
the requirements of paragraph (I), (2), or (3) of subdivision (b), but the
applicant agrees or proposes to construct a condominium project as
defined in subdivision (f) of, or a planned development as defined in
subdivision (k) of, Section I35l of the Civil Code, in which at least 10
percent of the total dwelling units are reserved for persons and families
of moderate income, as defined in Section 50093 of the Health and
Safety Code, a "density bonus" of at least 5 percent shall be granted,
unless a lesser percentage is elected by the applicant, over the otherwise
maximum allowable residential density under the applicable zoning
ordinance and land use element of the general plan as of the date of
application by the applicant to the city, county, or city and county. For
each I percent increase above 10 percent of the percentage of units
affordable to moderate-income households, the density bonus shall be
increased by I percent up to a maximum of 35 percent. All density
calculations resulting in fractional units shall be rounded up to the next
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whole number. The granting of a density bonus shall not be interpreted,
in and of itself, to require a general plan amendment, local coastal plan
amendment, zoning change, or other discretionary approval. The density
bonus shall not be included when determining the number of housing
units that is equal to JO percent of the total. The density bonus shall apply
to housing developments consisting of five or more dwelling units.
(h) When an applicant for a tentative subdivision map, parcel map, or
other residential development approval donates land to a city, county, or
city and county as provided for in this subdivision, the applicant shall
be entitled to a 15 percent increase above the otherwise maximum
allowable residential density under the applicable zoning ordinance and
land use element of the general plan for the entire development. For each
I percent increase above the minimum JO percent land donation
described in paragraph (2) of this subdivision, the density bonus shall be
increased by I percent, up to a maximum of 35 percent. This increase
shall be in addition to any increase in density mandated by subdivision
(b), up to a maximum combined mandated density increase of 35 percent
if an applicant seeks both the increase required pursuant to this
subdivision and subdivision (b). All density calculations resulting in
fractional units shall be rounded up to the next whole number. Nothing
in this subdivision shall be construed to enlarge or diminish the authority
of a city, county, or city and county to require a developer to donate land
as a condition of development. An applicant shall be eligible for the
increased density bonus described in this subdivision if all of the
following conditions are met:
(I) The applicant donates and transfers the land no later than the date
of approval of the final subdivision map, parcel map, or residential
development application.
(2) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units affordable
to very low income households in an amount not less than JO percent of
the number of residential units of the proposed development.
(3) The transferred land is at least one acre in size or of sufficient size
to permit development of at least 40 units, has the appropriate general
plan designation, is appropriately zoned for development as affordable
housing, and is or will be served by adequate public facilities and
infrastructure. The land shall have appropriate zoning and development
standards to make the development of the affordable units feasible. No
later than the date of approval of the final subdivision map, parcel map,
or of the residential development, the transferred land shall have all of
the permits and approvals, other than building permits, necessary for the
development of the very low income housing units on the transferred
land, except that the local government may subject the proposed
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development to subsequent design review to the extent authorized by
subdivision (i) of Section 65583.2 if the design is not reviewed by the
local govemment prior to the time oftransfer.
(4) The transferred land and the affordable units shall be subject to a
deed restriction ensuring continued affordability of the units consistent
with paragraphs (I) and (2) of subdivision (c), which shall be recorded
on the property at the time of dedication.
(5) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(6) The transferred land shall be within the boundary of the proposed
development or, if the local agency agrees, within one-quarter mile of the
boundary of the proposed development.
(i) (I) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises of, as
part of, or adjacent to, the project, the city, county, or city and county
shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of
residential space that is equal to or greater than the amount of square feet
in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the child
care facility.
(2) The city, county, or city and county shall require, as a condition
of approving the housing development, that the following occur:
(A) The child care facility shall remain in operation for a period of
time that is as long as or longer than the period of time during which the
density bonus units are required to remain affordable pursuant to
subdivision (c).
(B) Of the children who attend the child care facility, the children of
very low income households, lower income households, or families of
moderate income shall equal a percentage that is equal to or greater than
the percentage of dwelling units that are required for very low income
households, lower income households, or families of moderate income
pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or a city and county shall not be required to provide a density
bonus or concession for a child care facility if it finds, based upon
substantial evidence, that the community has adequate child care
facilities.
(4) "Child care facility," as used in this section, means a child day
care facility other than a family day care home, including, but not limited
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to, infant centers, preschools, extended day care facilities, and schoolage
child care centers.
G) "Housing development," as used in this section, means one or
more groups of projects for residential units constructed in the planned
development of a city, county, or city and county. For the purposes of this
section, "housing development" also includes a subdivision or a
planned unit development or condominium project, as defmed in
Section 1351 of the Civil Code, approved by a city, county, or city and
county and consists of residential units or unimproved residential lots
and either a project to substantially rehabilitate and convert an existing
commercial building to residential use or the substantial rehabilitation
of an existing multifamily dwelling, as defined in subdivision (d) of
Section 65863.4, where the result of the rehabilitation would be a net
increase in available residential units. For the purpose of calculating a
density bonus, the residential units do not have to be based upon
individual subdivision maps or parcels. The density bonus shall be
permitted in geographic areas of the housing development other than the
areas where the units for the lower income households are located.
(k) The granting of a concession or incentive shall not be interpreted,
in and of itself, to require a general plan amendment, local coastal plan
amendment, zoning change, or other discretionary approval. This
provision is declaratory of existing law.
(I) For the purposes of this chapter, concession or incentive means
any of the following:
(I) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 1890 I) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would
otherwise be required that results in identifiable, fmancially sufficient,
and actual cost reductions.
(2) Approval of mixed use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will reduce
the cost of the housing development and if the commercial, office,
industrial, or other land uses are compatible with the housing project and
the existing or planned development in the area where the proposed
housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in identifiable,
financially sufficient, and actual cost reductions.
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This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city, county, or city and county,
or the waiver of fees or dedication requirements.
(m) Nothing in this section shaH be construed to supersede or in any
way alter or lessen the effect or application of the California Coastal Act
(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(n) Nothing in this section shaH be construed to prohibit a city,
county, or city and county from granting a density bonus greater than
what is described in this section for a development that meets the
requirements of this section or from granting a proportionately lower
density bonus than what is required by this section for developments that
do not meet the requirements of this section.
(0) For purposes of this section, the foHowing definitions shall apply:
(I) "Development standard" includes site or construction conditions
that apply to a residential development pursuant to any ordinance,
general plan element, specific plan, charter amendment, or other local
condition, law, policy, resolution, or regulation.
(2) "Maximum aHowable residential density" means the density
aHowed under the zoning ordinance, or if a range of density is permitted,
means the maximum aHowable density for the specific zoning range
applicable to the project.
(P) (I) Upon the request of the developer, no city, county, or city and
county shaH require a vehicular parking ratio, inclusive of handicapped
and guest parking, of a development meeting the criteria of subdivision
(b), that exceeds the foHowing ratios:
(A) Zero to one bedrooms: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) If the total number of parking spaces required for a development
is other than a whole number, the number shaH be rounded up to the next
whole number. For purposes of this subdivision, a development may
provide "onsite parking" through tandem parking or uncovered
parking, but not through onstreet parking.
(3) This subdivision shaH apply to a development that meets the
requirements of subdivision (b) but only at the request of the applicant.
An applicant may request additional parking incentives or concessions
beyond those provided in this section, subject to subdivision (d).
SEe. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a local
agency or school district has the authority to levy service charges, fees,
or assessments sufficient to pay for the program or level of service
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mandated by this act, within the meaning of Section 17556 of the
Government Code.
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BILL NUMBER, SB 435
BILL TEXT
CHAPTERED
CHAPTER 496
FILED WITH SECRETARY OF STATE OCTOBER 4, 2005
APPROVED BY GOVERNOR OCTOBER 4, 2005
PASSED THE SENATE AUGUST 30, 2005
PASSED THE ASSEMBLY AUGUST 22, 2005
AMENDED IN ASSEMBLY AUGUST 18, 2005
AMENDED IN ASSEMBLY JUNE 21, 2005
AMENDED IN SENATE APRIL 13, 2005
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY
Senator Hollingsworth
FEBRUARY 17, 2005
An act to amend Section 65915 of the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
BB 435, Hollingsworth Housing: density bonuses.
The Planning and Zoning Law requires, when a developer of housing
proposes a housing development within the jurisdiction of the local
government, that the city, county, or city and county provide the
developer with a density bonus and other incentives or concessions
for the production of lower income housing units or the donation of
land within the development if the developer meets certain
requirements, including a requirement that the developer agrees to
construct a specified percentage of the total units for specified
income households or qualifying residents.
This bill would include within those eligibility requirements the
construction of a mobilehome park that limits residency based on age
requirements for housing for older persons and the construction, for
persons and families of moderate income, of a community apartment
project and a stock cooperative.
The local administrative requirements imposed by the bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS,
SECTION 1. It is the intent of the Legislature that local
governments encourage, to the maximum extent practicable, the
location of housing developed pursuant to Section 65915 of the
Government Code in urban areas with adequate infrastructure to serve
the housing.
SEC. 2. Section 65915 of the Government Code is amended to read:
65915. (a) When an applicant seeks a density bonus for a housing
development within, or for the donation of land for housing within,
the jurisdiction of a city, county, or city and county, that local
government shall provide the applicant incentives or concessions for
the production of housing units and child care facilities as
prescribed in this section. All cities, counties, or cities and
counties shall adopt an ordinance that specifies how compliance with
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this section will be implemented.
(b) (1) A city, county, or city and county shall grant one density
bonus, the amount of which shall be as specified in subdivision (g),
and incentives or concessions, as described in subdivision (d), when
an applicant for a housing development seeks and agrees to construct
a housing development, excluding any units permitted by the density
bonus awarded pursuant to this section, that will contain at least
anyone of the following:
(A) Ten percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code.
(B) Five percent of the total units of a housing development for
very low income households, as defined in Section 50105 of the Health
and Safety Code.
(C) A senior citizen housing development as defined in Sections
51.3 and 51.12 of the Civil Code, or mobilehome park that limits
residency based on age requirements for housing for older persons
pursuant to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest
development as defined in Section 1351 of the Civil Code for persons
and families of moderate income, as defined in Section 50093 of the
Health and Safety Code, provided that all units in the development
are offered to the public for purchase.
(2) For purposes of calculating the amount of the density bonus
pursuant to subdivision (f), the applicant who requests a density
bonus pursuant to this subdivision shall elect whether the bonus
shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
of paragraph (1).
(c) (1) An applicant shall agree to, and the city, county, or city
and county shall ensure, continued affordability of all low-and very
low income units that qualified the applicant for the award of the
density bonus for 30 years or a longer period of time if required by
the construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Rents for the lower
income density bonus units shall be set at an affordable rent as
defined in Section 50053 of the Health and Safety Code.
Owner-occupied units shall be available at an affordable housing cost
as defined in Section 50052.5 of the Health and Safety Code.
(2) An applicant shall agree to, and the city, county, or city and
county shall ensure that, the initial occupant of the
moderate-income units that are directly related to the receipt of the
density bonus in the common interest development, as defined in
Section 1351 of the Civil Code, are persons and families of moderate
income, as defined in Section 50093 of the Health and Safety Code,
and that the units are offered at an affordable housing cost, as that
cost is defined in Section 50052.5 of the Health and Safety Code.
The local government shall enforce an equity-sharing agreement,
unless it is in conflict with the requirements of another public
funding source or law. The following apply to the equity-sharing
agreement:
(A) Upon resale, the seller of the unit shall retain the value of
any improvements, the downpayment, and the seller's proportionate
share of appreciation. The local government shall recapture any
initial subsidy and its proportionate share of appreciation, which
shall then be used within three years for any of the purposes
described in subdivision (e) of Section 33334.2 of the Health and
Safety Code that promote homeownership.
(B) For purposes of this subdivision, the local government's
initial subsidy shall be equal to the fair market value of the home
at the time of initial sale minus the initial sale price to the
moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is
lower than the initial market value, then the value at the time of
the resale shall be used as the initial market value.
(C) For purposes of this subdivision, the local government's
proportionate share of appreciation shall be equal to the ratio of
the initial subsidy to the fair market value of the home at the time
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of initial sale.
(d) (1) An applicant for a density bonus pursuant to subdivision
(b) may submit to a city, county, or city and county a proposal for
the specific incentives or concessions that the applicant requests
pursuant to this section, and may request a meeting with the city,
county, or city and county. The city, county, or city and county
shall grant the concession or incentive requested by the applicant
unless the city, county, or city and county makes a written finding,
based upon substantial evidence, of either of the following:
(A) The concession or incentive is not required in order to
provide for affordable housing costs, as defined in Section 50052.5
of the Health and Safety Code, or for rents for the targeted units to
be set as specified in subdivision (c).
(B) The concession or incentive would have a specific adverse
impact, as defined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment or
on any real property that is listed in the California Register of
Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact without
rendering the development unaffordable to low- and moderate-income
households.
(2) The applicant shall receive the following number of incentives
or concessions:
(A) One incentive or concession for projects that include at least
10 percent of the total units for lower income households, at least
5 percent for very low income households, or at least 10 percent for
persons and families of moderate income in a common interest
development.
(B) Two incentives or concessions for projects that include at
least 20 percent of the total units for lower income households, at
least 10 percent for very low income households, or at least 20
percent for persons and families of moderate income in a common
interest development.
(C) Three incentives or concessions for projects that include at
least 30 percent of the total units for lower income households, at
least 15 percent for very low income households, or at least 30
percent for persons and families of moderate income in a common
interest development.
(3) The applicant may initiate judicial proceedings if the city,
county, or city and county refuses to grant a requested density
bonus, incentive, or concession. If a court finds that the refusal to
grant a requested density bonus, incentive, or concession is in
violation of this section, the court shall award the plaintiff
reasonable attorney's fees and costs of suit. Nothing in this
subdivision shall be interpreted to require a local government to
grant an incentive or concession that has a specific, adverse impact,
as defined in paragraph (2) of subdivision (d) of Section 65589.5,
upon health, safety, or the physical environment, and for which there
is no feasible method to satisfactorily mitigate or avoid the
specific adverse impact. Nothing in this subdivision shall be
interpreted to require a local government to grant an incentive or
concession that would have an adverse impact on any real property
that is listed in the California Register of Historical Resources.
The city, county, or city and county shall establish procedures for
carrying out this section, that shall include legislative body
approval of the means of compliance with this section. The city,
county, or city and county shall also establish procedures for
waiving or modifying development and zoning standards that would
otherwise inhibit the utilization of the density bonus on specific
sites. These procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and placement of
public works improvements.
(e) In no case may a city, county, or city and county apply any
development standard that will have the effect of precluding the
construction of a development meeting the criteria of subdivision (b)
at the densities or with the concessions or incentives permitted by
this section. An applicant may submit to a city, county, or city and
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county a proposal for the waiver or reduction of development
standards and may request a meeting with the city, county, or city
and county. If a court finds that the refusal to grant a waiver or
reduction of development standards is in violation of this section,
the court shall award the plaintiff reasonable attorney's fees and
costs of suit. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards
if the waiver or reduction would have a specific, adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5, upon
health, safety, or the physical environment, and for which there is
no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards
that would have an adverse impact on any real property that is listed
in the California Register of Historical Resources.
(f) The applicant shall show that the waiver or modification is
necessary to make the housing units economically feasible.
(g) For the purposes of this chapter, "density bonuslT means a
density increase over the otherwise maximum allowable residential
density under the applicable zoning ordinance and land use element of
the general plan as of the date of application by the applicant to
the city, county, or city and county. The applicant may elect to
accept a lesser percentage of density bonus. The amount of density
bonus to which the applicant is entitled shall vary according to the
amount by which the percentage of affordable housing units exceeds
the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph
(A) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Low-Income Percentage Density Bonus
Units
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
17 30.5
18 32
19 33.5
20 35
(2) For housing developments meeting the criteria of subparagraph
(B) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Very Low
Income Units
Percentage Density Bonus
5
20
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6
22.5
7
25
8
27.5
9
30
10
32.5
11
35
(3) For housing developments meeting the criteria of subparagraph
(e) of paragraph (1) of subdivision (b), the density bonus shall be
20 percent.
(4) For housing developments meeting the criteria of subparagraph
(D) of paragraph (1) of subdivision (b), the density bonus shall be
calculated as follows:
Percentage Moderate-
Income Units
Percentage Density Bonus
10
5
11
6
12
7
13
8
14
9
15
10
16
11
17
12
18
13
19
14
20
15
21
16
22
17
23
18
24
19
25
20
26
21
27
22
28
23
29
24
30
25
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(5) All density calculations resulting in fractional units shall
be rounded up to the next whole number. The granting of a density
bonus shall not be interpreted, in and of itself, to require a
general plan amendment, local coastal plan amendment, zoning change,
or other discretionary approval. AS used in subdivision (b) f "total
units" or I1total dwelling unitsl! does not include units permitted by
a density bonus awarded pursuant to this section or any local law
granting a greater density bonus. The density bonus provided by this
section shall apply to housing developments consisting of five or
more dwelling units.
(h) (1) When an applicant for a tentative subdivision map, parcel
map, or other residential development approval donates land to a
city, county, or city and county as provided for in this subdivision,
the applicant shall be entitled to a lS-percent increase above the
otherwise maximum allowable residential density under the applicable
zoning ordinance and land use element of the general plan for the
entire development, as follows:
Percentage Very Low
Income
Percentage Density Bonus
10
15
11
16
12
17
13
18
14
19
15
20
16
21
17
22
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24
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25
30
26
31
27
32
28
33
29
34
30
35
(2) This increase shall be in addition to any increase in density
mandated by subdivision (b) I up to a maximum combined mandated
density increase of 35 percent if an applicant seeks both the
increase required pursuant to this subdivision and subdivision (b).
All density calculations resulting in fractional units shall be
rounded up to the next whole number. Nothing in this subdivision
shall be construed to enlarge or diminish the authority of a city,
county, or city and county to require a developer to donate land as a
condition of development. An applicant shall be eligible for the
increased density bonus described in this subdivision if all of the
following conditions are met:
(AI The applicant donates and transfers the land no later than the
date of approval of the final subdivision map, parcel map, or
residential development application.
(B) The developable acreage and zoning classification of the land
being transferred are sufficient to permit construction of units
affordable to very low income households in an amount not less than
10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned for
development as affordable housing, and is or will be served by
adequate public facilities and infrastructure. The land shall have
appropriate zoning and development standards to make the development
of the affordable units feasible. No later than the date of approval
of the final subdivision map, parcel map, or of the residential
development, the transferred land shall have all of the permits and
approvals, other than building permits, necessary for the development
of the very low income housing units on the transferred land, except
that the local government may subject the proposed development to
subsequent design review to the extent authorized by subdivision (i)
of Section 65583.2 if the design is not reviewed by the local
government prior to the time of transfer.
(D) The transferred land and the affordable units shall be subject
to a deed restriction ensuring continued affordability of the units
consistent with paragraphs (1) and (2) of subdivision (c), which
shall be recorded on the property at the time of dedication.
(E) The land is transferred to the local agency or to a housing
developer approved by the local agency. The local agency may require
the applicant to identify and transfer the land to the developer.
(F) The transferred land shall be within the boundary of the
proposed development or, if the local agency agrees, within
one-quarter mile of the boundary of the proposed development.
(i I (1) When an applicant proposes to construct a housing
development that conforms to the requirements of subdivision (b) and
includes a child care facility that will be located on the premises
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of, as part of, or adjacent to, the project, the city, county, or
city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet
of residential space that is equal to or greater than the amount of
square feet in the child care facility.
(B) An additional concession or incentive that contributes
significantly to the economic feasibility of the construction of the
child care facility.
(2) The city, county, or city and county shall require, as a
condition of approving the housing development, that the following
occur:
(A) The child care facility shall remain in operation for a period
of time that is as long as or longer than the period of time during
which the density bonus units are required to remain affordable
pursuant to subdivision (c).
(B) Of the children who attend the child care facility, the
children of very low income households, lower income households, or
families of moderate income shall equal a percentage that is equal to
or greater than the percentage of dwelling units that are required
for very low income households, lower income households, or families
of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city,
county, or a city and county shall not be required to provide a
density bonus or concession for a child care facility if it finds,
based upon substantial evidence, that the community has adequate
child care facilities.
(4) "Child care facility," as used in this section, means a child
day care facility other than a family day care home, including, but
not limited to, infant centers, preschools, extended day care
facilities, and schoolage child care centers.
(j) "Housing development, II as used in this section, means one or
more groups of projects for residential units constructed in the
planned development of a city, county, or city and county. For the
purposes of this section, IIhousing development" also includes a
subdivision or common interest development, as defined in Section
1351 of the Civil Code, approved by a city, county, or city and
county and consists of residential units or unimproved residential
lots and either a project to substantially rehabilitate and convert
an existing commercial building to residential use or the substantial
rehabilitation of an existing multifamily dwelling, as defined in
subdivision (d) of Section 65863.4, where the result of the
rehabilitation would be a net increase in available residential
units. For the purpose of calculating a density bonus, the
residential units do not have to be based upon individual subdivision
maps or parcels. The density bonus shall be permitted in geographic
areas of the housing development other than the areas where the units
for the lower income households are located.
(k) The granting of a concession or incentive shall not be
interpreted, in and of itself, to require a general plan amendment,
local coastal plan amendment, zoning change, or other discretionary
approval. This provision is declaratory of existing law.
(I) For the purposes of this chapter, concession or incentive
means any of the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements that
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required that results in identifiable,
financially sufficient, and actual cost reductions.
(2) Approval of mixed use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
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where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county that result in
identifiable, financially sufficient, and actual cost reductions.
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city, county, or city and
county, or the waiver of fees or dedication requirements.
(m) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of the
Public Resources Code.
(n) Nothing in this section shall be construed to prohibit a city,
county, or city and county from granting a density bonus greater
than what is described in this section for a development that meets
the requirements of this section or from granting a proportionately
lower density bonus than what is required by this section for
developments that do not meet the requirements of this section.
(o) For purposes of this section, the following definitions shall
apply,
(1) llDevelopment standardll includes site or construction
conditions that apply to a residential development pursuant to any
ordinance, general plan element, specific plan, charter amendment, or
other local condition, law, policy, resolution, or regulation.
(2) "Maximum allowable residential density" means the density
allowed under the zoning ordinance, or if a range of density is
permitted, means the maximum allowable density for the specific
zoning range applicable to the project.
(p) (1) Upon the request of the developer, no city, county, or
city and county shall require a vehicular parking ratio, inclusive of
handicapped and guest parking, of a development meeting the criteria
of subdivision (b), that exceeds the following ratios:
(A) Zero to one bedrooms: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) If the total number of parking spaces required for a
development is other than a whole number, the number shall be rounded
up to the next whole number. For purposes of this subdivision, a
development may provide "onsite parking" through tandem parking or
uncovered parking, but not through onstreet parking.
(3) This subdivision shall apply to a development that meets the
requirements of subdivision (b) but only at the request of the
applicant. An applicant may request additional parking incentives or
concessions beyond those provided in this section, subject to
subdivision (d).
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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Attachment 3
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City of Saratoga
Community Development Department
13m Fruitvale Avenue
Saratoga, CA 95070
PROPOSED NEGATIVE DECLARATION
PROJECT TITLE:
Zoning Text Amendment for the State
mandated Density Bonus program
PROJECT APPLICANT:
City of Saratoga
PROJECT CONTACT PERSON:
ADDRESS:
Lata Vasudevan, AICP
Community Development Department
TELEPHONE:
408-868-1235
PROJECT LOCATION:
City of Saratoga
County of Santa Clara
State of California
PUBLIC HEARING:
Yet to be scheduled
PUBLIC REVIEW PERIOD:
February 1 - February 20, 2006
PROJECT DESCRIPTION: California State Government Code 65915mandates a local
program to provide density bonuses, incentives, concessions, waivers, and uniform parking
standards for development projects that meet certain requirements concerning the inclusion of
very low, low, moderate income housing units or senior housing units. The Density Bonus
Amendment is an amendment to Chapter 15 of the Saratoga Zoning Ordinance specifying how
compliance with Government Code 65915 is implemented in the City of Saratoga. The proposed
zoning text amendment is consistent with the objectives of the City of Saratoga General Plan in
that it implements Program 2.1 of the adopted Housing Element.
In summary, Government Code Section 65915 provides for the following:
Projects that include at least ten percent of the units for lower income households or five percent
of the units for very low income households, or projects that include ten percent of the units for
moderate income households in a condominium project or planned development as defined by
state law, or senior projects are entitled to a density bonus and are also entitled from one to three
concessions or incentives related to standards. The percentage of units to be added as a density
bonus, from five to 35 percent, depends on the income level to which the units are affordable and
the percentage of units that are affordable. The City will establish a procedure for granting or
denying requests for concessions or incentives. The City will also establish a procedure for
waiving or modifying development standards that have the effect of precluding a project that
meets the requirements for receiving a concession or incentive or a density bonus from being
constructed at the density permitted by the statute or incorporating the concession or incentives
to which the project is entitled. Certain findings may be made fot denial of a tequest fot
concessions or incentives.
The statute establishes a bonus and entitles the project to an additional concession or incentive
fot providing a childcare facility that meets certain requirements. It also establishes a density
bonus for applicants seeking a subdivision approval, if land is donated for affordable housing.
Finally, the statute establishes onsite parking ratios for all units in development projects that
include the percentages of units necessary for a density bonus or concessions: one space for zero
to one bedroom; two spaces for two or three bedrooms; two and one half spaces for four or more
bedrooms. The ratios are inclusive of handicapped and guest parking.
FINDING:
On the basis of the Initial Study on file in Community Development, it has been determined that
the proposed project COULD NOT have a significant effect on the environment.
INITIAL STUDY
CITY OF SARATOGA
DENSITY BONUS
ZONING TEXT AMENDMENT
1. Project Title:
Application No. 06- 235 Density Bonus Amendment
2. Project Location:
City of Saratoga
3. Lead Agency Name and Address:
City of Saratoga, Planning Department, 13777 Fruitvale Avenue, Saratoga, CA 95070
4. Contact Person & Phone Number:
Lata Vasudevan AICP, Associate Planner (408) 868-1235
5. Project Sponsor's Name and Address:
City of Saratoga
6. General Plan Designation:
All General Plan areas in which single-family, multi-family and mixed use development
is permitted
7. Zoning:
All zoning districts in which single-family, multi-family and mixed use development is
permitted.
8. Description of Project:
California State Government Code Section 65915 mandates a local program to provide
density bonuses, incentives and concessions, waivers and uniform parking standards for
development projects that meet certain requirements concerning the inclusion of very
low, low, and moderate income housing units or senior housing units. The Density Bonus
Amendment is an amendment to Chapter 15 of the Saratoga Municipal Code (Zoning
Ordinance) specifying how compliance with Government Code 65915 is implemented in
the City of Saratoga.
In summary, Government Code Section 65915 provides for the following:
Projects that include at least ten percent of the units for lower income households or five
percent ofthe units for very low income households, or projects that include ten percent
of the units for moderate income households in a condominium project or planned
development as defined by state law or senior housing projects are entitled to a density
bonus, from 5 to 35 percent, depending on the income level to which the units are
1
Initial Study
Density Bonus Amendment
affordable and the percentage of units that are affordable. The City of Saratoga will
establish a procedure for granting or denying requests for concessions or incentives. The
City will also establish a procedure for waiving or modifYing development standards that
have an effect of precluding a project that meets the requirements for receiving a
concession or incentive or a density bonus from being constructed at the density
permitted by the statute or incorporating the concession or incentives to which the project
is entitled. Certain findings may be made for denial of a request for concessions or
incentives.
The statute establishes a bonus and entitles the project to an additional concession or
incentive for providing a childcare facility that meets certain requirements. It also
establishes a density bonus for applicants seeking a subdivision approval, if land is
donated for affordable housing.
Finally, the statute establishes onsite parking ratios for all units in development projects
that include the percentages of units necessary for a density bonus or concessions: one
space for zero to one bedroom; two spaces for two or three bedrooms; two and one half
spaces for four or more bedrooms. The ratios are inclusive of handicapped and guest
parking.
9. Surrounding Land Uses and Setting:
Citywide
10. Other agencies whose approval is required:
None
Environmental Factors Potentially Affected: The environmental factors checked below
would be potentially affected by this project:
o Aesthetics
o Agricultural Resources
o Air Quality
o Biological Resources
o Cultural Resources
o Geology/Soils
o Hazards & Hazardous Materials
o Hydrology/Water Quality
oLand Use/Planning
o Mineral Resources
o Noise
o Population/Housing
o Public Services
o Recreation
o Transportationfrraffic
o Utilities/Service Systems
o Mandatory Findings of Significance
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Initial Study
Density Bonus Amendment
Determination:
· I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
o I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in
the project have been made by or agreed to by the project proponent. A
MITIGATED NEGATIVE DECLARATION will be prepared.
o I find that the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMPACT REPORT is required.
o I find that the proposed project MAY have a "potential significant impact" or
"potentially significant unless mitigated" impact on the environment, but a least
one effect (I) has been adequately analyzed in an earlier document pursuant to
applicable legal standards, and (2) has been address by mitigation measures based
on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMP ACT REPORT is required, but it must analyze only the effects that remain to
be addressed.
o I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed in
an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that
are imposed upon the proposed project, nothing further is required.
~
.. ...... A/_-
Lata asudevan AICP, Associate Planner
fdJ. / ( )~ob
Date
3
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
1. AESTHETICS. Would the project:
A) Have a substantial adverse effect on a scenic vista?
x
Discussion: No Impact - The proposed project is an amendment to the City of
Saratoga's Zoning Ordinance to specify how compliance with State Government
Code Section 65915 is implemented. There are no changes to City development
standards or design guidelines. To be eligible for a density bonus or the associated
provisions, a project must be of at least five units, not including the density bonus
units. Consequently, all projects benefiting from Government Code 65915 are subject
to City of Saratoga's design review process. In accordance with Section 15-46 of the
City's Zoning Ordinance, the design of all projects qualifying for the density
provisions will be reviewed by the Planning Commission for design review approval.
This regulatory procedure provides the City with a layer of review for aesthetics, and
an opportunity to incorporate additional conditions to increase the aesthetic value of a
proj ecl.
B) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings and
historic buildings within a scenic highway?
x
Discussion: No Impact - Developers of qualifying projects may be eligible for
concessions such as building height, setbacks etc. However, this analysis relates to
implementing State law and the direct impact related to future projects is too
speculative to evaluate at this time. The City has regulatory procedures in place (e.g.
design review and tree protection requirements) to ensure that future projects will not
have a significant aesthetic impact.
C) Substantially degrade the existing visual character or quality of the site and its
surroundings? X
Discussion: No Impact - See IA) and IB) above.
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Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significaot Significaot
Impact With Impact
Mitigation
IncOlporated
D) Create a new source of substantial light or glare which would adversely affect day or
night time views in the area? X
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning
Ordinance to specify how compliance with Government Code Section 65915 is
implemented. There are no changes to City development standards or design
guidelines. The design of projects benefiting from Government Code Section 65915,
including (but not limited to) finish, colors, and materials, will be reviewed for
approval through the design review process. This regulatory procedure provides the
City with an additional layer of review for aesthetics including light and glare, and an
opportunity to incorporate additional conditions to improve the project's building
materials and lighting plans.
2. AGRICULTURAL RESOURCES. Would the project:
A) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as
shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program
of the California Resources Agency, to non-agricultural use? X
Discussion: No Impact - The City of Saratoga is a developed suburban area
surrounded by hillsides to the west. The City contains no prime farmland, unique
farmland, or farmland of statewide importance, as shown on maps prepared pursuant
to the Farmland Mapping and Monitoring Program of the California Resources
Agency. (Source: Dept. of Conservation, Division of Land Resource Protection Map).
B) Conflict with existing zoning for agricultural use
or a Williamson Act contract?
X
Discussion: No Impact - Existing Agricultural zones and Agricultural Preserve
overlay zones will not be impacted by the proposed amendment since such zoning
designations do not allow multi-family dwellings.
C) Involve other changes in the existing environment which due to their location or
nature, could result in conversion of Farmland, to non-agricultural use? X
Discussion: No changes are anticipated. (Source: City of Saratoga Zoning District
Map and General Plan Map).
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Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
3. AIR QUALITY. Would the project:
A) Conflict with or obstruct implementation of the applicable air quality plans? X
Discussion: The City of Saratoga is within the Bay Area Air Quality Management
District [BAAQMD]. The district periodically prepares and updates plans to achieve
the goal of healthy air. Bay Area plans are prepared with the cooperation of the
Metropolitan Transportation Commission and the Association of Bay Area
Governments.
The proposed project is an amendment to the City of Saratoga's Zoning Ordinance to
specify how compliance with Govemment Code Section 65915 is implemented.
There are no changes to the base densities permitted either by the General Plan Land
Use Element or by the Zoning Map, so projects benefiting from Government Code
65915 will be consistent with permitted densities. The project does not propose any
new development or building floor area. Future development projects will be
reviewed to determine whether they are compatible with all applicable air quality
plans and standards. (Source: Bay Area Air Quality Management District
[BAAQMDJ).
B) Violate any air quality standard or contribute substantially to an existing or projected
air quality violation? X
Discussion: Refer to section 3A).
C) Result in a cumulatively considerable net increase of any criteria pollutant for which
the project region is non attainment under an applicable federal or state ambient air
quality standards (including releasing emissions which exceed quantitative thresholds for
ozone precursors)? X
Discussion: Refer to 3A).
D) Expose sensitive receptors to substantial pollutant concentrations?
X
Discussion: The provisions of Government Code Section 65915 do apply to
multifamily residential development, which is considered a sensitive receptor.
However, the permitted land uses are not proposed to change, and residents living in
or near future projects will not be exposed to substantial pollutant concentrations.
6 Initial Study
Density Bonus Amendment
- -----~-~---_._- ---~._-_._.._-~.__._------_._..-
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
E) Create objectionable odors affecting a substantial
number of people?
x
Discussion: Not applicable. Multi-family residential development is not associated
with the generation of objectionable odors.
4. BIOLOGICAL RESOURCES. Would the project:
A) Have a substantial adverse effect, either directly or through habitat modifications, on
any species identified as a candidate, sensitive, or special status species in local regional
plans, policies, or regulations, or by the California Dept. ofFish and Game or U.S. Fish
and Wildlife Service? X
Discussion: The project does not propose any new development or building floor
area. Future development projects will be reviewed to determine whether there are
impacts on biological resources.
Saratoga does not have any areas designated as a critical habitat according to the
Critical Habitat Portal of the U.S Fish and Wildlife Service. The Yuma myotis and
the long-legged myotis (bat species) are listed as natural communities in the Saratoga
area in the Department of Fish and Game's list of species or natural communities.
Neither of these bat species are listed in the state and federal 'List of Endangered and
Threatened Animals of California' prepared by the Dept. ofFish and Game. The only
wildlife preserve in the Saratoga area is the 175 acre Montalvo Arboretum, which is
approximately 2.5 miles south of the subject properties.
Nevertheless, once a development application is submitted for that parcel, the City is
required to ensure appropriate erosion and grading methods are followed for
properties adjacent to tributaries and protected creeks. If development is proposed
within 50 feet of a watercourse in the future, the applicant would be required to
comply with any applicable regulations of the Santa Clara Valley Water District,
California Dept. ofFish and Game and other resource agencies.
(Source: City of Saratoga Municipal Code and SCVWD Maps of Flood Control
Facilities and Limits of 1 % Flooding, City of Saratoga General Plan, U.S. Fish and
Wildlife Service and the CA Dept. ofFish and Game.)
B) Have a substantial adverse effect on any riparian habitat or other sensitive natural
community identified in local or regional plans, policies, and regulations or by the
7
Initial Study
Density Bonus Amendment
PotentialIy Less than Less than No Impact
Significaot Significaot Significaot
Impact With Impact
Mitigation
IncOlporated
California Dept. ofFish and Game or U.S. Fish and Wildlife Service?
x
Discussion: Refer to 4A).
C) Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act through direct removal, filling, hydrological
interruption, or other means? X
Discussion: Not applicable. The proposed project does not include filling or dredging
of wetland, coastal, marine or riparian areas.
D) Interfere substantially with the movement of any native resident or migratory fish or
wildlife species or with established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites? X
Discussion: Refer to 4A)& C).
E) Conflict with any local policies or ordinances protecting biological resources, such as
a tree preservation policy or ordinance? X
Discussion: The project does not propose any new development or building floor
area. Future development projects will be reviewed to determine if there may be an
impact on biological resources. The City has an adopted Tree Protection Ordinance to
ensure future development does not significantly impact trees on public or private
property.
F) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat
conservation plan? X
Discussion: Currently, there are no adopted Habitat Conservation or Natural
Community Conservation Plans within the City of Saratoga. There are also no
approved local, regional or state habitat conservation plans in Saratoga.
5. CULTURAL RESOURCES. Would the project:
A) Cause a substantial adverse change in the significance of a historical resource as
defined in S 15064.5? X
8
Initial Study
Density Bonus Amendment
_._."-'-_.._"--~-"-~~----'-------
Potentially Less thao Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
Discussion: The project does not propose any new development or building floor
area. Future development projects will be reviewed to determine whether there are
any historical resources on a project site. The City reviews any structure over 50
years in age to determine ehgibility for a local, state or national register.
B) Cause a substantial adverse change in the significance of an archaeological resource
as defined in gI5064.5? X
Discussion: The project does not propose any new development or building floor
area. Future development projects will be reviewed to determine whether they have
an impact on cultural resources, including archaeological and paleontological
resources. In accordance with the City's standard conditions of approval, if
archaeological resources or human remains are discovered during future construction,
work will be haIted within a 50 meter radius of the fmd until it can be evaluated by a
qualified professional archaeologist. If the find is determined to be significant,
appropriate mitigation measures will be formulated and implemented. (Source:
Northwest Information Center, Sonoma State University)
C) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature? X
Discussion: Not applicable. (Source: City of Saratoga General Plan)
D) Disturb any human remains, including those interred
outside of formal cemeteries?
X
Discussion: As discussed in 5B), State Health and Safety Code Section 7050.5
requires the project to halt until the County Coroner has made the necessary findings
as to the origin and disposition of the remains pursuant to Pubhc Resources Code
Section 5097.98. Comphance with these regulations would ensure the proposed
project would not result in significant impacts due to disturbing human remains.
9
Initial Study
Density Bonus Amendment
Potentially Less than Less thaa No Impact
Significaat Significaat Significant
Impact With Impact
Mitigation
Incorporated
6. GEOLOGY AND SOILS. Would the project:
A) Expose people or structures to potential substantial adverse effects, including the risk
ofloss, injury, or death involving:
(i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? X
Discussion: No Impact - The San Andreas Fault is the only area within the City and
its Sphere of Influence that the State has designated as a Special Studies Zone.
Construction on lands with these soils classifications requires a process called
Geotechnical Clearance, where detailed geologic and geotechnical analyses are
prepared by a private engineer and peer reviewed and approved by the City
geotechnical consultant. Conditions imposed by the City geotechnical consultant are
incorporated as conditions of project approval. (Source: City of Saratoga General
Plan Seismic Hazards, Key for Map I and City of Saratoga Municipal Code).
(ii) Strong seismic ground shaking?
X
Discussion: Refer to 6A(i). (Source: City of Saratoga General Plan Seismic Hazards,
Key for Map I).
(iii) Seismic-related ground failure, including liquefaction?
X
Discussion: The project does not propose any new development or building floor
area. In general, liquefaction is not a concern in the Foothills zone, but is an issue in
some of the level areas of the City. Refer to 6A(i). Geotechnical clearance (as
described in 6.A(i)) will be required for future construction certain properties that are
liquefaction zones. (Source: City of Saratoga General Plan Safety Element).
(iv) Landslides?
X
Discussion: No Impact. The project does not propose any new development o.r
building floor area. Landslide probability is high in the Foothills Zone (II) and
geological clearance (as described in 6.A(i)) will be required for future construction
on the properties. (Source: City of Saratoga General Plan Seismic Hazards; Key for
Map I).
B) Result in substantial soil erosion or the loss of topsoil?
X
10
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
Discussion: Any future development projects subject to the ordinance will be required
to obtain building permits and will be evaluated by the Building Division to ensure
there are no significant soils/geology impacts.
C) Be located on a geologic unit or soil that is unstable, or that would become unstable as
a result of the project, and potentially result in on or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse? X
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning
Ordinance to specify how compliance with state Govenunent Code Section 65915 is
implemented. No development is proposed in this project.
D) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1997), creating substantial risks to life or property? X
Discussion: See 6 B) above.
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
A) Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials? X
Discussion: The project does not propose any new development or building floor
area. Any future development projects subject to the ordinance must comply with
existing City regulations that monitor the use and transport of hazardous materials.
These regulations have been developed to ensure there are no significant effects
related to hazards and hazardous material. The ordinance applies to residential
development, which is typically not a use that is associated with hazardous materials.
B) Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous materials
into the environment? X
Refer to section 7 A).
C) Emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school? X
Refer to section 7 A).
11
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
D) Be located on a site which is included on a list of hazardous materials sites compiled
pursuant to Gov. Code Section 65962.5 and, as a result, would it create a significant
hazard to the public or the environment? X
Discussion: Refer to section 7 A).
E) Impair implementation of or physically interfere with an adopted emergency response
plan or emergency evacuation plan? X
Discussion: Refer to section 7 A).
F) Expose people or structures to a significant risk of loss, injury, or death involving
wildland fires, including where wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands? X
Discussion: Refer to section 7 A).
8. HYDROLOGY AND WATER QUALITY. Would the project:
A) Violate any water quality standards or waste discharge
requirements?
X
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning
Ordinance to specify how compliance with Government Code 65915 is implemented.
The project does not propose any new development or building floor area. Any future
development projects subject to the ordinance will be reviewed to ensure all water
quality standards and water demands are met.
Any proposed residential construction developed pursuant to the new ordinance will
be required to retain all storm water runoff on site. A grading and drainage permit
will be required from the City. A storm water retention plan indicating how all storm
water will be retained on site will be submitted and reviewed by staff at the time a
design review application is filed. (Source: The National Pollutant Discharge
Elimination System (NPDES) permit order No. 01-119 and the Santa Clara Valley
Urban Runoff Pollution Prevention Program C.3 Stormwater Handbook) )
B) Substantially deplete groundwater supplies or interfere substantially with
groundwater recharge such that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level (e.g., the production rate of pre-existing
12
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
nearby wells would drop to a level which would not support existing land uses or planned
uses for which permits have been granted)? X
Discussion: This analysis relates to implementing State law and the direct impacts
related to future proj ects are too speculative to evaluate at this time. The City has
regulatory procedures in place to ensure that future projects will not have a significant
impact related to hydrology and water quality.
C) Substantially alter the existing drainage pattern of the site or area, including through
the alteration of the course of a stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site? X
Discussion: Refer to section 8A).
D) Substantially alter the existing drainage pattern of the site or area, including through
the alteration of the course of a stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in flooding
on- or off-site? X
Refer to section 8A).
E) Create or contribute runoff water which would exceed the capacity of existing or
planned storm water drainage systems or provide substantial additional sources of
polluted runoff? X
Discussion: Refer to section 8A).
F) OtheIWise substantially degrade water?
X
Discussion: Refer to section 8A).
G) Place housing within a I DO-year flood hazard area as mapped on a federal Flood
Hazard Boundary or Flood Insurance Rate Map or other
flood hazard delineation map? X
Discussion: Refer to section 8A)
H) Place within a I DO-year flood hazard area structures which would impede or redirect
flood flows? X
Discussion: Refer to section 8A)
13
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
IncOlporated
I) Expose people or structures to a significant risk of loss, injury or death involving
flooding, including flooding as a result ofthe failure
of a levee or dam? X
Discussion: The city is not located near a dam.
J) Inundation by seiche, tsunami, or mudflow?
X
Discussion: The City of Saratoga is not located in an area that is prone to flooding,
tidal waves, or mudflow.
9. LAND USE AND PLANNING. Would the project:
A) Physically divide an established community?
X
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning
Ordinance to specify how compliance with Government Code 65915 is implemented.
The project does not propose any new development or building floor area. It involves
no changes to the zoning designation of property or to the locations where residential
and mixed-use development is permitted.
Implementation of State law will allow deviations from development standards to
facilitate the construction of affordable housing projects. This could include a
deviation from requirements such as building height and setbacks, parking,
landscaping/open space etc. The density permitted will also increase with the density
bonus provisions. There are no Zone Changes or General Plan Amendments proposed
under this analysis, and such actions are not anticipated to result from implementation
of the ordinance.
The analysis relates to implementing State law and the direct impact related to future
projects is too speculative to evaluate at this time. The City has regulatory procedures
in place (e.g. design review) to ensure that future projects will not have a significant
impact related to Land Use and Planning. (Source: City of Saratoga General Plan).
B) Conflict with any applicable land use plan, policy, or regulation of an agency with
jurisdiction over the project (including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect? X
14
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning
Code to specify how compliance with Government Code Section 65915 is
implemented. Section 65915(g)(I) states: "The granting of a density bonus is not be
interpreted, in and of itself, to require a general plan amendment, local coastal plan
amendment, zoning change, or other discretionary approval," the project, which
specifies how compliance with the Government Code Section is implemented, does
not conflict with any applicable plan.
Measure G was adopted by the City of Saratoga in 1996 and essentially says that
voters may amend the Land Use Element of the General Plan to increase specified
densities or intensities for the designated land uses, or to change the land use
designation from a lower to a higher designation in terms of density or intensity. For
this density bonus amendment, there are no changes to the base densities permitted
either by the General Plan Land Use Element or by the Zoning Map, so projects
benefiting from Government Code 65915 will be consistent with permitted densities.
C) Conflict with any applicable habitat conservation plan or natural community
conservation plan? X
Discussion: Currently, there is no adopted Habitat Conservation or Natural
Community Conservation Plans within the City of Saratoga.
10. MINERAL RESOURCES. Would the project:
A) Result in the loss of availability of a known mineral resource that would be of value
to the region and the residents ofthe state? X
Discussion: No hnpact - Mineral resources within Saratoga and surrounding areas
include sandstone and shale. There are no mines or quarries known to be operating in
Saratoga or its sphere of influence (Source: General Plan, Conservation Element).
B) Result in the loss of availability of a locally-important mineral resource recovery site
delineated on a local general plan, specific plan or other land use plan? X
Refer to section lOA). (Source: City of Saratoga General Plan: Conservation
Element).
11. NOISE. Would the project result in:
A) Exposure of persons to or generation of noise levels in excess of standards
established in the local general plan or noise ordinance, or applicable standards of other
agencies? X
15
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning
Code to specify how compliance with Government Code 65915 is implemented. The
project does not propose any new development or building floor area. Nevertheless,
the construction of any development project must comply with noise regulations and
must adhere to City regulations governing hours of construction, noise levels
generated by construction and mechanical equipment, and the allowed level of
ambient noise (Chapter 7, Article 7-30 of the Saratoga Municipal Code). Regulations
in the Municipal Code regarding ambient noise levels apply to stationary noise
sources.
B) Exposure of persons to or generation of excessive ground borne vibration or
groundborne noise levels (i.e. noise created inside a building, vibration transmitted
through the ground, freight train line within 50-100 feet, adjacent to Army base)? X
Discussion: This matter is not applicable to this project.
C) A substantial permanent increase in ambient noise levels in the project vicinity above
levels existing without the project? X
Discussion: Refer to section IIA).
D) A substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project? X
Discussion: Refer to section IIA). (Source: Review of the proposed project and
experience with similar applications).
12. POPULATION AND HOUSING. Would the project:
A) Induce substantial population growth in an area, either directly (for example, by
proposing new homes and businesses) or indirectly (for example, through extension of
roads or other infrastructure)? X
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning
Ordinance to specify how compliance with Government Code Section 65915 is
implemented. The project does not propose any new development or building floor
area. It involves no changes to the zoning designation of property or to the locations
where residential and mixed-use development is permitted. Section 65915(g)(1)
states: "The granting of a density bonus shall not interpreted, in and of itself, to
16
Initial Study
Density Bonus Amendment
.- ._~.. -~_.,-,-_.. .-_._-"._------~-----
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
require a General Plan amendment, local coastal plan amendment, zoning change, or
other discretionary approval," the project, which specifies how compliance with the
Government Code Section is implemented, does not conflict with any applicable
plan. Implementation of Government Section 65915 may therefore result in an
increase in population. There are no General Plan Amendments proposed under this
analysis and such actions are not anticipated to result from implementation of the
ordinance. Furthermore, the Housing Element (Program 2.1) of the General Plan does
specify the requirement to establish incentives, such as density bonuses, to promote
the development of very low and low income housing.
The analysis relates to implementing State law and the direct impact related to future
projects is too speculative to evaluate at this time. The City has regulatory procedures
in place (e.g. design review) to ensure that future projects will not have a significant
impact related to Population and Housing. This, in combination with the anticipated
use of density bonuses stated in the Housing Element will result in less than
significant impacts to Population and Housing.
B) Displace substantial numbers of existing housing, necessitating the construction of
replacement housing elsewhere? X
Refer to section 12A).
C) Displace substantial numbers of people, necessitating the construction of replacement
housing elsewhere? X
Refer to section 12A). The proposed project is an amendment to the City of Saratoga's
Zoning Code to specify how compliance with Government Code Section 65915 is
implemented. The project does not propose any new development or building floor area.
It involves no changes to the zoning designation of property or to the locations where
residential and mixed-use development is permitted.
13. PUBLIC SERVICES.
Would the proposal result in substantial adverse physical impacts associated with the
provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public services:
Fire Protection X
Police Protection X
1 7 Initial Study
Density Bonus Amendment
- ---'--'._..._---,- ---,.-..----------...-.-_______.__~_~__._.___...__M__.._______..__._______.._..____"__..
PotentiaUy Less than Less than No Impact
Significant Significant Significaot
Impact With Impact
Mitigation
Incorporated
Schools
Parks
Other public facilities
x
X
X
Discussion: Assuming Contract cancellation, the proposed single family residences
can be accommodated within existing levels of service for police protection, schools,
and parks. Any proposed single family residence would require review by the fue
department and payment of school fees (if required by school district) as part of the
building permit costs.
14. RECREATION.
A) Would the project increase the use of existing neighborhood and regional parks or
other recreational facilities such that substantial physical deterioration of the facility
would occur or be accelerated? X
Discussion: No Impact - The proposed project is an amendment to the City of
Saratoga's Zoning Ordinance to specify how compliance with Government Code
Section 65915 is implemented. The project does not propose any new development or
building floor area. It involves no changes to the zoning designation of property or to
the locations where residential and mixed-use development is permitted. The analysis
relates to implementing State law and the direct impact related to future projects is
too speculative to evaluate at this time. The City collects fees to offset the cost of any
additional recreation needs that might result from proposed development. Any future
development projects subject to the ordinance will be required to pay a Residential
Impact Fee for recreational facilities.
B) Does the project include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse physical
effect on the environment? X
Discussion: No Impact. The analysis relates to implementing State law and the direct
impact related to future projects is too speculative to evaluate at this time. The City
collects fees to offset the cost of any additional recreation needs that might result
from proposed development.
15. TRANSPORTATION/TRAFFIC. Would the project:
A) Cause an increase in traffic which is substantial in relation to the existing traffic load
and capacity of the street system? X
18
lnitial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
Discussion: The project does not propose any new development or building floor
area. It involves no changes to the zoning designation of property or to the locations
where residential and mixed-use development is permitted. Housing projects continue
to be reviewed by Planning and Department and Transportation Department staffto
ensure that there are no significant impacts related to Traffic and Transportation. The
analysis in this Initial Study relates to implementing State law and the direct impact
related to future projects is too speculative to evaluate at this time.
B) Exceed, either individually or cumulatively, a level of service standard established by
the county congestion management agency for designated roads or highways? X
Refer to section 15A).
19
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
C) Result in a change in air traffic patterns, including either an increase in traffic levels
or a change in location that result in substantial safety risks? X
Discussion: No Impact. Not applicable to this project.
D) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment)? X
Discussion: No Impact. Not applicable to this project.
E) Result in inadequate emergency access?
X
Discussion: No Impact. All development projects are required to comply with Fire
district standards as conditions of Planning and Building Pennit approvals.
F) Result in inadequate parking capacity?
X
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Ordinance
to specify how compliance with Government Code Section 65915 is implemented. The project
does not propose any new development or building floor area. It involves no changes to the
zoning designation of property or to the locations where residential and mixed-use development is
permitted. State Government Code Section 65915 establishes requirements for the number of
offstreet parking spaces to be provided by development projects that include specified percentages
of affordable units or that are senior housing projects. Where there is a difference between the
requirements in Section 65915 and in Chapter 15-35 of the Saratoga Municipal Code, the State
law controls. Although the ordinance resulting from the State law may permit development at a
lower parking ratio than currently permitted under Chapter 15-35, the new ordinance still requires
sufficient amounts of parking. Therefore, the proposed ordinance would not result in any
significant parking impacts.
G) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)? X
Discussion: Not applicable to this project.
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
A) Exceed wastewater treatment requirements of the
Regional Water Quality Control Board?
X
Discussion: The proposed project is an amendment to the City of Saratoga's Zoning Ordinance
to specify how compliance with Government Code 65915 is implemented. The project
20
Initial Study
Density Bonus Amendment
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
does not propose any new development or building floor area. It involves no changes
to the zoning designation of property or to the locations where residential and mixed-
use development is permitted. There are no changes that would result in wastewater
or solid waste impacts.
B) Require or result in the construction of new water or wastewater treatment facilities
or expansion of existing facilities, the construction of which could cause significant
environmental effects? X
Discussion: All new housing is required to obtain building permits, and each project
is reviewed by the Sanitation District to ensure that existing facilities can serve the
project, or if the developer must pay fees to upgrade or install new systems. The
proposed ordinance does not pose an adverse impact upon utilities or storm water
drainage facilities. (Source: Cupertino Sanitation District).
C) Require or result in the construction of new storm water drainage facilities or
expansion of existing facilities, the construction of which could cause significant
environmental effects? X
Discussion: No Impact. Refer to 16B).
D) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed? X
Discussion: No Impact.
E) Result in a determination by the wastewater treatment provider which serves or may
serve the project that it has adequate capacity to serve the project's projected demand in
addition to the provider's existing commitments? X
Discussion: No Impact.
F) Be served by a landfill with sufficient permitted capacity to accommodate the
project's solid waste disposal needs? X
Discussion: No Impact.
G) Comply with federal, state, and local statutes and
regulations related to solid waste?
X
Discussion: No Impact
21
Initial Study
Density Bonus Amendment
--- - -__.__.. ~____ .__,,.__._.____......___. .~_u_____.. _______...___ ____~______..._____
Potentially Less than Less than No Impact
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
17. MANDATORY FINDINGS OF SIGNIFICANCE.
A) Does the project have the potential to degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods of California history or
prehistory? X
Discussion: No adverse impacts to wildlife or their habitat shall occur as a result of
the proposed Density Bonus Zoning Text Amendment. Refer to section 4 of this
Initial Study for a discussion of biological concerns. With incorporation of the
condition outlined in section 5 of this Initial Study, no significant disruption of
important examples of California history or prehistory would occur.
B) Does the project have impacts that are individually limited, but cumulatively
considerable? ("Cumulatively considerable" means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the
effects of other current projects, and the effects of probable future projects.) X
Discussion: Subject to compliance with the conditions contained herein to aid in the
protection of potentially significant resources and to reduce potentially significant
impacts, the effects ofthe proposed Zoning Text Amendment are not cumulatively
considerable.
C) Does the project have environmental effects which will cause substantial adverse
effects on human beings, either directly or indirectly? X
Discussion: Refer to 17B.
ATTACHMENT:
I. California Government Code Section 65915
22
Initial Study
Density Bonus Amendment
_._-_.._..-.+,._,"_._-_._-~_.._---_.
SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2006 AGENDA ITEM:
ORIGINATING DEPT: Community Development CITY MANAGER: 2 J t:? ~
Dave~~
PREPARED BY: John F. Livingstone, AICP, Com. Dev. Dir. DEPT HEAD:. '
o
.John F. IJvin~stone
\D
SUBJECT: Adoption of updated Noise Ordinance.
RECOMMENDED ACTIONS:
Staff recommends the City Council open the public hearing, accept testimony from anyone wishing
to speak on the subject, then close the public hearing and continue the item to a date uncertain with
the Planning Commission.
REPORT SUMMARY:
Due to the limited amount of time available for the joint meeting between the City Council and the
Planning Commission this item will be continued to a date uncertain with the Planning Commission.
FISCAL IMPACTS:
Planning staff and the City Attorney's Office can accomplish the ordinance update. The Community
Development Department is a self-funded department. The time spent on the ordinance update will
reduce the amount of billing hours available to staff. The time spent for the City Attorney to review
the ordinances will be paid for out ofthe General Fund.
FOLLOW UP ACTIONS:
Staffwill proceed as directed by Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posted agenda for this meeting.
ATTACHMENTS:
N/A
SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM:
2P\
PJ~
ORIGINATING DE : C" Manager's Office CITY MANAGER:
PREPARED BY:
DEPT HEAD:
Cathleen Bover. Citv Clerk
Dave Anderson. City Manal!er
SUBJECT: Commendations for Outgoing Youth Commissioners
RECOMMENDED ACTION:
Present commendations.
REPORT SUMMARY:
Attached are commendations for outgoing Youth Commissioners Philip Baker, Jennifer Brown,
Kelly Burke and Elise Schwartz.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A - Copy of commendations.
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
PHILLIP BAKER
WHEREAS, Phillip Baker was first appointed to the Saratoga Youth
Commission in July 2001; and
WHEREAS, Phillip has demonstrated his leadership skills and
capabilities while participating on the following:
2001-2002 - Dance Committee
2002-2003 - MusicFest Committee
2003-2004 - Treasurer & Special Events Group
2004-2005 - Chair & Concerts Group
2005-2006 - Chair & Webmaster
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Phillip Baker is hereby
commended and thanked for his hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that we wish him well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARA TOGA on this ih June 2006.
Norman Kline, Mayor
City of Saratoga
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
KELLY BURKE
WHEREAS, Kelly was first appointed to the Saratoga Youth
Commission in 2002; and
WHEREAS, Kelly has demonstrated her leadership skills and
capabilities while participating on the following:
2002-2003 - Secretary & Special Events Committee
2003-2004 - Special Events & Fundraising Committee
2004-2005 - Vice-Chair & MusicFest Group
2005-2006 - Special Events Group & Chief Organizer of
Transplant Awareness Night
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Kelly Burke is hereby
commended and thanked for her hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that we wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 7th June 2006.
Norman Kline, Mayor
City of Saratoga
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
JENNIFER BROWN
WHEREAS, Jennifer Brown was first appointed to the Saratoga
Youth Commission in July 2004; and
WHEREAS, Jennnifer has demonstrated her leadership skills and
capabilities while participating on the following:
2004-2005 - Concerts Group
2005-2006 - Secretary, Fundraising Group
Presenter at 2006 Youth Advisory Council (Y AC) Attack Conference
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Jennifer Brown is
hereby commended and thanked for her hard work and dedication on the
Youth Commission; and
BE IT FURTHER RESOLVED that we wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARATOGA on this 7th June 2006.
Norman Kline, Mayor
City of Saratoga
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
ELISE SCHWARTZ
WHEREAS, Elise was first appointed to the Saratoga Youth
Commission in July 200 I; and
WHEREAS, Elise has demonstrated her leadership skills and
capabilities while participating on the following:
2001-2002 - Dance Committee Group
2002-2003 - Dance Committee Group
2003-2004 - Chair of Dance Committee Group
2004-2005 - Teen Inspiration Lecture Series Group
2005-2006 - Vice-Chair, Special Events Group &
Co-Organizer of Snow Trip 2006
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Elise Schwartz is hereby
commended and thanked for her hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that we wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARA TOGA on this 7th June 2006.
Norman Kline, Mayor
City of Saratoga
J
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
ELISE SCHWARTZ
WHEREAS, Elise was first appointed to the Saratoga Youth
Commission in July 2001; and
WHEREAS, Elise has demonstrated her leadership skills and
capabilities while participating on the following:
2001-2002 - Dance Committee Group
2002-2003 - Dance Committee Group
2003-2004 - Chair of Dance Committee Group
2004-2005 - Teen Inspiration Lecture Series Group
2005-2006 - Vice-Chair, Special Events Group &
Co-Organizer of Snow Trip 2006
WHEREAS, the City Council of the City of Saratoga is proud of the
citizens who contribute time and talent to our community.
NOW, THEREFORE, BE IT RESOLVED, that Elise Schwartz is hereby
commended and thanked for her hard work and dedication on the Youth
Commission; and
BE IT FURTHER RESOLVED that we wish her well in the future.
WITNESS MY HAND AND THE SEAL OF THE CITY OF
SARA TOGA on this 7th June 2006.
Norman Kline, Mayor
City of Saratoga
I
fi
SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM:
20
QJ~/
ORIGINATING DEPT: City Manager
PREPARED BY: ~~
Cathleen B r i C
CITY MANAGER:
DEPT HEAD:
Dave Anderson. Citv Mana~er
SUBJECT: Appointment of Youth Commission Members and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing twelve (12) students to the Youth Commission.
REPORT SUMMARY:
The City Council recently conducted interviews to fill ten (10) vacancies on the Youth
Commisison resulting from expired terms of Amit Arunkumar, Phillip Baker, Jennifer Brown,
Kelly Burke, Justin El-Diwany, Tami Maltiel, Pratik Pramanik, Elise Schwartz, Ted Sclavos, and
Steven Shepherd.
With the exception of Phillip Baker, Jennifer Brown, Kelly Burke, and Elise Schwartz, all other
incumbents were eligible for reappointment.
Attached is a resolution reappointing the following six (6) incumbents and appointing six (6)
new students to the Youth Commission:
. Amit Arunkumar
. Justin EI-Diwany
. Tamara Mattiel
. Pratik Pramanik
. Ted ScIavos
. Steven Shepherd
. Kelly Langstaff
. Corey Rateau
. Kia Fariba
. Tiffany Tseng
. Shireen Gupta
. James Seifert
The Oath of Office will be administered and signed by the Commissioner.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointments would not be made to the Youth Commission.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Update City's Official Roster.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting ofthe Council Agenda.
ATTACHMENTS:
Attachment A - Resolution of Appointment
Attachment B - Oath of Office
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA APPOINTING TWELVE (12) MEMBERS
TO THE SARATOGA YOUTH COMMISSION
WHEREAS, ten vacancies were created on the Youth Commission resulting from the
expired terms of Amit Arunkumar, Phillip Baker, Jennifer Brown, Kelly Burke, Justin El-
Diwany, Tami Maltiel, Pratik Pramanik, Elise Schwartz, Ted Sclavos, and Steven Shepherd; and
WHEREAS, a notice of vacancy was posted, applications were received, interviews have
been conducted, and it is now appropriate to fill the vacancies.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the
following appointments are made to the Youth Commission:
Amit Arunkumar - 07/01/2007
Justin El-Diwany- 07/01/2008
Tamara Mattiel- 07/01/2007
Pratik Pramanik - 07/01/2007
Ted Sclavos - 07/01/2008
Steven Shepherd - 07/01/2007
Kia Fariba - 07/01/2008
Shireen Gupta - 07/0112008
Kelly Langstaff - 07/01/2008
Coey Rateau - 07/01/2008
James Seifert - 07/0112008
Tiffany Tseng - 07/01/2008
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of June 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I Amit Arunkumar, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State ofCalifomia; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Amit Arunkumar Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of Junel 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I Justin El-Diwany, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Justin El-Diwany, Member
Youth Commission
Subscribed and sworn to before me on
This 7'h day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Tamara Mattiel, do solemnly swear (or affirm) that I will
support and defend the Constitution ofthe United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution ofthe State of California; that I
take this obligation freely, without any mental reservation or pmpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Tamara Mattiel, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Pratik Pramanik , do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State ofCalifomia; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Pratik Pramanik, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Ted Sclavos, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State ofCalifomia; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Ted Sclavos, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Steven Shepherd, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution ofthe State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Steven Shepherd, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Kelly Langstaff, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Kelly Langstaff, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Corey Rateau, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution ofthe State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Corey Rateau, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Kia Fariba, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Kia Fariba, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Tiffany Tseng, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Tiffany Tseng, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, Shireen Gupta, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution ofthe State ofCalifomia against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
Shireen Gupta, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I, James Seifert, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the
Constitution of the State of California against all enemies, foreign and
domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I
take this obligation freely, without any mental reservation or purpose of
evasion; and that I will well and faithfully discharge the duties upon
which I am about to enter.
James Seifert, Member
Youth Commission
Subscribed and sworn to before me on
This 7th day of June 2006.
Cathleen Boyer, CMC
City Clerk
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Admin. Svcs.
PREPARED BY: /975 -IJL---
Usha Dhulipala
AGENDA ITEM: '3 t\-
CITY MANAGl'R' V--:!ffI!:
DEPTHEAD:_~~~
Michele Braucht
MEETING DATE: 06/07/2006
SUBJECT: Check Register for 05/16/2006
RECOMMENDED ACTION:
That the City Council accepts the Check Register for 05/16/2006.
REPORT SUMMARY:
Attached is the Check Register for 05/16/2006. The checks were released on 05/17/2006. Payroll
checks were released on 04/27/2006.
Starting Ending Total
Type of Checks Date Checks # Check # Checks Amount
Account Payable 05/16/06 102113 102220 108 $393,681.36
Payroll 04/27/06 31587 31608 22 $121,279.23
TOTAL $514,960.59
The prior Check Register for 05/02/2006 ended with check number 102112. Check#101022 to
Fei-O Chung Lee was voided for $300.00 and check# 101975 to Mmanc was voided for $125.00.
These checks were lost in the mail.
Following is a list of checks issued for more than $10,000.00, and a brief description of the
d'
expen ltures.
Check # Issued to Fund Dept Purpose Amount
102 I 34 Comp Shared Risk Pool Various Various Q2 Workers Comp $5 I ,940.25
102135 Cotton Shires Associates General Park Pierce Rd Slope $10,741.40
102137 County of Santa Clara Various Various Imagery Project $14,814.20
102142 David] Powers Planning Zoning Quito Project $13,641.31
102152 George Bianchi Construction Infras C IP Storm Drain Storm Drain Repair $13,265.30
]02205 Shute Mihaly& Weinberg Various Various Legal Services-Marc[ $32,179.42
102214 West Valley sanitation Environ Storm Wtr Clean water Program $119,356.38
[Fund Fund fucription NPTotal PRTotal Total
001 General 117,733.98 24,106.61 141,840.59
150 Streets & Roads 23,659.43 17,985.77 41,645.20
201 Maner IXive Landscape 44.10 44.10
203 Greenbriar liD 80.90 80.90
205 Azule liD 126.05 126.05
206 SaraHills liD 83.92 83.92
207 Vill~ lighting 17.15 17.15
210 TriciaWoods liD 9.44 9.44
216 Beaucharrps liD 121.58 121.58
224 Village CommliD 452.15 452.15
225 Saratom Legends liD 208.26 208.26
226 Bellgrove liD 464.71 464.71
227 CnnghmlGlasgQwliD 32.52 32.52
229 Tollgate liD 20.98 20.98
231 Horseshoe liD 93.83 93.83
250 D;:velopm:nt Services 30,937.42 51,951.30 82,888.72
260 Fnvironrrental Program SRF 123,164.85 5,239.20 128,404.05
270 CDoo Federal Grants 6,114.00
290 Recreation 10,273.29 17,337.44 27,610.73
291 Teen Services 986.47 3,302.52 4,288.99
310 Park Devel CIP 740.25
352 Infrastructures CIP 13,508.47 1,356.39 14,864.86
354 Park & Trail CIP 3,448.32 3,448.32
501 Equiprrent Replacerrent ISF 6,384.59 6,384.59
503 Facility Jmrroverrm ISF 2,628.69 2,628.69
601 CD DeDosit-Arborist review 366.95 366.95
604 Plmming Deposit Pre 2006 20,832.27 20,832.27
605 Plmming Deposit 07/01105 9,852.99 9,852.99
716 fMy 9-Oak Pedestrian Sign 689.24 689.24
734 Civic Center Landscape 1,569.64 1,569.64
735 Village Trees&lights 16,810.92 16,810.92
791 Kevin M:Jran 2,224.00 2,224.00
TOTAL 393,681.36 121,279.23 514,960.59
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Register in the Expenditure Approval List format.
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SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM:
~B
/7 ~ c:J.
~J ff
ORIGINATING DEPT: Public Works
PREPARED BY: ~ 6:- ~
Kristin Bofel
Administrative Analvst
CITY MANAGER:
DEPT HEAD: ~ e OJ ~
n Cherbone -
Director ofPuhlic Works
SUBJECT: Motor Vehicle (MY) Resolution Prohibiting Parking on Bucknall
RECOMMENDED ACTION:
Move to adopt Motor Vehicle Resolution prohibiting parking on a portion ofBucknall.
REPORT SUMMARY:
Recently the City received a request to paint a red curb on either side of the crosswalk on Bucknall
near Paseo Cerro. This crosswalk serves the Primary Plus preschool. When cars are parked on
either side of this crosswalk it makes it difficult to see children entering the crosswalk. This creates
a safety hazard and Staff recommends that parking along this section of Buclmall be restricted. In
order to enforce the new parking restrictions on Buclmall, it is necessary that the attached Motor
Vehicle Resolution be adopted by City Council.
FISCAL IMPACTS:
Approximately $250 in labor and materials for the City to paint the curbs red.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The MV Resolution would not be adopted and parking would continue.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
The curb will be painted red and the Sheriffs Department will be notified of the new restriction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Motor Vehicle Resolution prohibiting parking
2. Map
20f2
Attachment 1
RESOLUTION NO. MV-
RESOLUTION RESTRICTING PARKING ON BUCKNALL
The City Council of the City of Saratoga hereby resolves as follows:
Section I: Based upon an engineering and traffic study, the following parking restrictions
shall be designated on Bucknall:
NAME OF SlREET DESCRlPTION RESTRICTION
Bucknall The crosswalk on Bucknall near the No Parking Anytime
intersection of Pas eo Cerro. 20 ft. on
either side of the crosswalk on the eastern
side of Bucknall. 20 ft. on the south
western side of the crosswalk and 30 ft. on
the northwestern side of the crosswalk
This resolution shall become effective at such time as the signs and/or markings are
installed.
-
The above and foregoing resolution was passed and adopted by the City Council of the
City of Saratoga at a regular meeting held on the 7th day of June, 2006, by the following
vote:
AYES:
NOES:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
-
Bucknall Road Parking Restrictions
Attachment 2
o 12.5 25
50
75 100
Feet
SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2006
~
CITY MANAGER: & -::J c:::;?
DEPTHEAD:~ (J~
AGENDA ITEM:
PREPARED BY:
SUBJECT: Authorization to purchase of one (1) Chevrolet 3500 Utility Truck, and one (1)
Riding Turf Sweeper
RECOMMENDED ACTIONS:
1. Move to authorize the purchase of (I) one 2006 Chevrolet 3500 Utility Truck from Santa
Rosa Chevrolet in the amount of $38,000 and (I) one Smithco Riding Turf Sweeper from
H.V Carter Co. Inc. in the amount of $29,000.
REPORT SUMMARY:
On an annual basis the Street Maintenance Division performs a review of the City's rolling stock
and capital equipment inventory for future replacement needs. The information is then used to
plan for inclusion into subsequent budget years. Replacement is determined on various factors
such as age, condition, mileage and use.
Public Works is seeking approval for the purchase of a Utility Truck. This truck will be utilized
for maintaining and repairing City street signs. Staff has solicited bids for a utility truck to fit the
needs for sign maintenance. The purchase amount including tax is approximately $38,000.
The Turf Sweeper Public Works is seeking the approval for will be utilized to pick-up leaves and
de-thatching material at all the City's Parks. Currently City staff has used a turf sweeper that
West Valley College owns. With their sports program there is very little time for our staff to
obtain this equipment from WVC without disrupting their schedule. Bids for this piece of
equipment were difficult to obtain. Most Turf Sweepers are a tow behind unit but the particular
unit Public Works was seeking is a Ride-on unit. Only one vendor was able to give a bid on this
piece of equipment in the amount of approximately $29,000 taxes included.
Discussion:
Staff solicited quotations from dealerships and Equipment Distributor the following table
contains a summary ofthe quotes received Quotations are per vehicle/Equipment: * indicates
lowest bid
Vendor Vehicle Description Quotation Quantity
Utility Truck
Santa Rosa Chevrolet 2006 Chevy 3500 Utility Body * $37,800.00 leach
Carl Chevrolet 2006 Chevy 3500 Utility body $41446.44
Courtesy Chevrolet 2006 Chevy 3500 Utility Body No Bid
Smithco Turf SweeDer
H.V. Carter Co. Inc. Smithco 60" Turf Sweeper * $28,578.00 I each
Gardenland Power Equipment N/A No Bid
Turf Star N/A No Bid
FISCAL IMPACTS:
There are sufficient funds in the adopted budget to cover the recommended purchases.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The purchases would not be authorized.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Purchase orders for the Utility Truck, Turf Sweeper, Turf Utility Vehicle and their enclosure will
be issued each.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
None additional.
ATTACHMENTS:
1. Truck Quotes.
2. Turf Sweeper Quote
20f2
04/26/2006 07:01 7075441197
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PAGE 02
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CITY OF SARATOGA
. F5Fl
Bank Review #-WORKI G-
L CHEVROLET
~~-~~.===-~~-==~=~~-~=~===-~=== =-~======~=-=~~===-=~=======-~=~-===~.~===
price. . - - . . . . . . . . . . , . .
Taxable A.M.a. ........
DOC Fee........ . . . . . . .
Dealer smog Fee.......
Sales Tax........ . . . . .
Non-Tax A,M.O,......,.
Service contract.. ,...
LUXUry Tax......,.....
Subtotal...........
DMV Fees. . . . , . . . , . . . . .
Total Insurance.......
State smog Fee........
Total. . . . . . . . . . . . . .
Amount Financed.......
Finance Charge..... ...
Total of Payments. ....
Total Sale price..._..
38,233 00
o 00
45 00
o 00
3,157 94
o 00
0.00
0.00
41,435.94
10.50
0.00
0.00
41,44 .44
41,44
41,44
41,44
*** Buyer ......
CITY OF SARATOGA
19700 ALLENDALE AVE
SARATOGA, CA 95070
Soc. Sec. #:
Home Phone #: (408) 868-1206
Work Phone #:
County: SANTA CLARA
Drv. Lie. #:
E-mail: na
Trade. , . . . . . . , . . . . . . . .
payoff. . . . . . , . . . , . . . . .
Net Trade.... .., ......
Cash Down..., ... ,.....
Deferred Down.... .....
Rebate........ -.......
Total Dawn.. . . - . . . . . . .
APR.................. .
Term................. .
Monthly payment.......
Item ""===
Sve. Cont.
Mo. PInt
Term
1
1
== C/D
0.00
1.55
.44
.00
.44
.44
*** 2nd Buyer *..*
*** Purchase .. *
*** Trade 1 ***
Stock #
Year
Make
Model
Body Style
Color
Trim
l(ey1 #
lCey2 #
Weight 2,020
License
Odometer 2,020
!.D.
Cylinders 0
vehicle Type USED
*** Bank ***
L ., . cIl.G.L:OAL.
*** Insurance
C/nb C71 O~b IJlI\A~JU~ H~~
***
IAIJ I G : C
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1
41,446.44
==== Total
0.00
41446.44
*** Trade 2 ***
ann7'0 '1~1"
Mar 16 06 02:40p
HV CARTER CO.
19254435250
~ CARTER ~~..
elf+: 19'1
Goif Course and Turf Equipment
P.O. Box 2148. 9"551-2248
.:1-771 Arrovo Vista#<:. Live...--more. CA 94551-.+847
. Phone (925) 4-1-3-5253
Fa;" (925) .:143-:250
Pms (800) 443-5257
The following quote is exclusive1y prepared for
ACCOL'NT ClTY OF SARATOGA
ATTENTION SHAWN
ADDRESS 13777 FRU1TVAlE AVE
PHONE
GTY/ST/ZIP: SARATOGA, CA
95070-5151
FA:;:":: 408-868-1278
OUANTITY
DESCRIPTION
PRlCE
1 SMlTHCO 60", #76-000CF, RlD1NG TURF SWEEPER
I
I GAS POWERED
I
I
I
SLJB- TOTAL
26400.00
TER..vIS: NET 15 DAYS
FIR.c\1 FOR THE NEXT 30 DAYS
SALES TAX 2178.00
FREIGHT N/r
TOTAL $ 28578.00
DAVlD GRAVES
PREPARED BY:
,~cr~,=
,
SIGNED:
DATE: MARCH 16, 2006
SACRAMENTO
VISALIA
6678 Avenue 304. #A
V;salia. CA 93291
Fox (559) 651.0675
Pons (800) 443.5257
RENO
Phone (775) 7"5.9057
Fax (775) 267 -9382
Pm' (800) <143-5257
41]9 N. Freewny Blvd. #C
Sacrnm...~[o. CA 95834
Phone (916) 927-3824
FllX (916) 927-0635
Pan, (800) <143.5257
Visit OW' web site; www.hvcaner.com
p.l
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SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
3D
~J~
MEETING DATE: June 7, 2006
AGENDA ITEM:
PREPARED BY: Rick Torres
J2J.- -7~
DEPTHEAD~b~
SUBJECT: Additional funding for Striping Maintenance Contract for FY 05/06 and
Extension of Existing Contract through FY 06/07
RECOMMENDED ACTION(S):
. Approve one-year extension to existing contract with On-Line Striping and authorize the
City Manager to execute the same.
. Approve change order to existing contract with On-Line Striping in the amount of
$55,000.
REPORT SUMMARY:
In July of 2005 staff requested bids to perform striping maintenance. Of three contractors who
submitted bids, On-Line Striping Services was the lowest bidder and a contract was issued not to
exceed $ 25,000. Last November, a change order was approved by City Council for an additional
$25,000. Funding for this work is programmed in the Pavement Management Program
On-Line Striping has agreed to keep current pricing for an additional year thru June 2007 and has
been a reliable contractor for the City's striping needs.
Therefor, Staff recommends City Council approve a one-year extension to On-Line Striping's
existing contract including a change order in the amount of$55,000.
FISCAL IMPACTS:
Funding for this work is budgeted in the FY 05/06 Pavement Management Program and in the
FY 06/07 Striping Contract operating budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Striping Maintenance work will not move forward at this time
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Existing contract would be amended and would be extended to June 30, 2007.
ATTACHMENTS:
None.
200
SARATOGA CITY COUNCIL
MEETING DATE:
June 7, 2006
.-
AGENDA ITEM: ~ l=
CITY MANAGER: YJ?/
ORIGINATING DEPT: Community Development
PREPARED BY: Lata Vasudevan, AlC~ DEPT HEAD: ~
Associate Planner John F. Livinpstone& ATCP Com. Dev. Dir.
SUBJECT: Initiation of Annexation of an approximately 86,153 (gross) square foot parcel
(APN 510-26-001) located at 19930 Sunset Drive.
RECOMMENDED ACTION:
Staff recommends the City Council approve the attached Resolution Initiating Annexation of
19930 Sunset Drive.
REPORT SUMMARY:
The applicant, William Maston Architects on behalf of owners Mr. and Mrs. Byrd, has filed an
application with the City of Saratoga for annexation and design review approval. The applicant's
parcel is located in the County of Santa Clara and is approximately 86,153 (gross) square feet in
area. The property is contiguous with the southern limits of the City of Saratoga along Sunset
Drive, and is within its Sphere of Influence and Urban Services boundaries.
The parcel proposed for annexation conforms to the applicable land use and density criteria
contained in the City Code and General Plan. The property is located in the Hillside Residential
[HR] Prezone and is surrounded by homes situated on lots with similar acreage. A single family
home was situated on the subject site and was demolished last year with Santa Clara County
permits. The site is currently vacant with many mature trees. The applicant proposes to build a
new single family home on this site, which will be presented to the Planning Commission for
design review approval at a yet-to-be scheduled public hearing.
DISCUSSION:
Under the City's Annexation process and the LAFCO statutes, this annexation will not be
reviewed by LAFCO, or require notice, hearing or an election because the annexation is being
made by a petition with 100% consent of the landowner. The Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (the Act) provides that cities in Santa Clara County
may proceed independently of LAFCO in processing annexation applications within the City's
urban service area. (Government Code ~ 56757) The Act requires, however, that the City
follow the procedures used by LAFCO to the extent practicable. (See Government Code ~
56757.) The Act establishes a three-part process for annexations: (1) Initiation of Annexation
(see Gov't Code ~~ 57000(a) and 56650 et seq.); (2) Protest Proceedings (see Gov't Code 57000
et seq.) which may be waived by the City Council; and (3) Approval of Annexation (see Gov't
Code S 56757).
Initiation of Annexation
1. Preparation of Supporting Documents. The Act and other state laws require
armexation proponents to prepare a number of documents as part of the armexation
process. The documents fall in three categories: a service plan, LAFCQ materials,
and the California Environmental Quality Act materials. These are described below.
A. Service Plan. Government Code sections 56653 and 56700 requires that all
armexations begin with a proposed service plan for the area to be armexed. The
plan must include the following components:
1. A description of the land to be armexed;
11. A list of the organizational changes proposed; (See attached List of
Services Report)
111. The reasons for the proposal;
IV. A listing and description of the services to be provided to the armexed
lands together with a discussion of the level and range of services to be
offered; (See attached List of Services Report)
v. An indication of when the services listed can feasibly be extended to the
armexed lands; (See attached List of Services Report)
v!. An indication of any improvement or upgrading of structures, roads, sewer
or water facilities, or other conditions that the City would impose or
require on the armexed lands; No inhabited territory or functioning
roadway will be annexed as part of this proposal and all other services
will be consistent with the current conditions.
V11. Information on how the services to be provided would be financed. (See
attached List of Services Report)
B. LAFCO Materials. Cities in Santa Clara County proceeding independently of
LAFCQ are required to make the findings listed below before approving an
armexation. (See Government Code Section 56757(c).) The formal findings need
not be made until the end of the process. The City will be required to make the
following findings. Each finding is followed by a brief description of Staff's
reVIew.
1. That the unincorporated territory is within the urban service area of the
city as adopted by the commission. Staff has confirmed that this is the
case for the affected property.
11. That the county surveyor has determined the boundaries of the proposal to
be definite and certain, and in compliance with LAFCQ's road armexation
policies. The City will be providing a map from the applicant to the
County Surveyor once initiation of annexation has been approved by City
Council.
20f8
iii. That the proposal does not split lines of assessment or ownership. Staff
has confirmed that this is not the case for the affected property.
IV. That the proposal does not create islands or areas in which it would be
difficult to provide municipal services. Staff has reviewed the geography
of the proposed annexation and concluded that it would not create an
island or present difficulties in providing municipal services since the
majority of services will remain the same.
v. That the proposal is consistent with the adopted General Plan of the City.
The land use designation for the lands to be annexed is RHC [Residential
Hillside Conservation}. This is consistent with the existing use of the
property. The land has been prezoned Hillside Residential [HR} which is
consistent with the General Plan designation and the surrounding zoning.
The General Plan provides that lands in the hillsides should be considered
for annexation if they meet the following General Plan Policies:
LU.l.O
Lands shall not be annexed to Saratoga unless they are contiguous to the
existing City Limits and it is determined by the City that public services
can be provided without unrecoverable cost to the City and dilution of
services to existing residents.
LlJ.l.l (Imp)
Annexation proposals shall be carefully studied to determine their
economic and urban service impacts to the City.
The property is already served by utilities. The City does not intend to
annex Sunset Drive.
Annexation Approval
Because the annexation is initiated by a request (application) for annexation by the property
owner, with 100% consent by the property owner, the City is required to prepare an Initiation of
Annexation for review by the City Council. (See Government Code Section 56663(a)). A public
hearing is not necessary and the City Council may consider the Initiation of Annexation as a
routine agenda item at a regular meeting and may waive protest proceedings. (Government Code
Section 56663(a)). The City Council is required to make the findings pursuant to Government
Code Section 56757 prior to adopting the resolution approving the annexation. After the
resolution is adopted a certified copy of the resolution and paperwork is submitted to LAFCO.
Government Code sections supportine the City's Annexation Process:
Government Code Section 56757 specifically governs reorganizations conducted in Santa
Clara County and states as follows:
30f8
(a) The commission (Local Agency Formation Commission, "LAFCO") shall
not review a reorganization that includes an annexation to any City in Santa Clara
County of an unincorporated territory that is within the urban service area of the
city if the reorganization is initiated by resolution of the legislative body of the
city.
(b) The city council shall be the conducting authority for the reorganization
and the proceedings for the reorganization shall be initiated and conducted as
nearly as may be practicable in accordance with part 4 (commencing with
section 57000).
(c) The city council, in adopting the resolution approving the reorganization
shall make all of the findings set forth above under the heading "LAFCO
Materials."
(d) All reorganizations which involve territory for which the land use designation
in the general plan of the city has changed from the time that the urban service
area of the city was last adopted by the commission, and which are processed by a
city pursuant to this section shall be subject to an appeal to the commission upon
submission of a petition of appeal, signed by at least 50 registered voters in the
county. Here the land use designation has not changed.
(e) An appeal to the commission may also be made by submission of a resolution
of appeal adopted by the legislative body of a special district solely for the
purpose of determining whether some or all of the territory contained in the
reorganization proposal should also be annexed or detached from that special
district.
(f) Any petition submitted under subdivision (d) or resolution submitted under
subdivision (e) shall be submitted to the executive officer within 15 days of the
adoption by the city council of the resolution approving the annexation. The
executive officer shall schedule the hearing for the next regular meeting of the
commission as is practicable. The commission may set a reasonable appeal fee.
California Environmental Quality Act
Annexations are projects subject to the environmental review requirements of the California
Environmental Quality Act ("CEQA"). Staff has determined that the annexation would be
exempt from CEQA review pursuant to Section 15319 of the CEQA Guidelines. That section
provides that annexations are categorically exempt from CEQA review if they include only
existing structures developed to the density allowed by the current zoning or pre-zoning of either
the gaining or losing governmental agency whichever is more restrictive or they include only
annexations of individual parcels that do not exceed the minimum size for facilities exempted by
Section 15303 (that section limits exemptions to up to three single family residences in an
urbanized area).
Staff has determined that findings can be made to support the Categorical Exemption of the
proposed annexation of property located at 19930 Sunset Drive (APN 510-26-001) into the City
of Saratoga in that the annexation is for less than three single family residences in an urbanized
40f8
area. There is no subdivision potential and the proposed annexation does not involve or change
the standards for extension of utility services to the parcel.
FISCAL IMPACTS:
No impact.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The proposed single family home on the subject parcel would be built according to requirements
of Santa Clara County instead of according to the requirements of the City of Saratoga.
ALTERNATIVE ACTION:
Deny the proposed resolution initiating annexation and provide Staff with direction.
FOLLOW UP ACTION:
At the direction of Council, Staff will proceed with the annexation approval procedure.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The agenda has been properly posted.
ATTACHMENTS:
1. Resolution approving Initiation of the Annexation
2. List of Services Report
3. Maps showing parcel location
50f8
A IT ACHMENT I
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA INITIATING ANNEXATION OF A
PROPERTY LOCATED AT
19930 SUNSET DRIVE
WHEREAS, the City Council is considering the annexation of an approximately 86,153
(gross) square foot property, hereinafter referred to as 'the territory', APN 510-26-001,
contiguous to the City of Saratoga; and
WHEREAS, the City of Saratoga City Council has determined the project to be exempt
from the California Environmental Quality Act ("CEQA") pursuant to Section 15319 of the
CEQA Guidelines; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed at 19930 Sunset Drive is in the City of
Saratoga's Urban Service Area and Sphere of Influence and is prezoned as Hillside Residential
[HR]; and
WHEREAS, there is one hundred percent (100%) owner consent for the annexation
proceedings, no notice, public hearing or election will be required for annexation approval by the
City; and
WHEREAS, the City has consulted with the Santa Clara County Registrar of Voters and
has determined that said territory is considered uninhabited for the purposes of annexation
proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby initiates annexation proceedings and will consider annexation of the territory to the City
known as Assessor's Parcel Number 510-26-001 located at 19930 Sunset Drive at a meeting to
be scheduled to approve the annexation.
The above Resolution was passed and adopted at a regular meeting of the City Council of the
City of Saratoga held on the 7th day of June 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
60f8
ATTEST:
Cathleen Boyer, City Clerk
70f8
Norman Kline, Mayor
ATTACHMENT 2
LIST OF SERVICES REPORT
1. Organization Changes Proposed:
None
2. Description of the Services to be provided to the Annexed lands together with a
discussion of the level and range of services to be offered:
No new services to be offered.
3. When the services can feasibly be extended to the annexed lands:
No new services to be offered.
4. How services to be provided will be financed:
No new services to be offered.
80f8
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SARA TOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM:
3F
P...../e::;?
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY: Cb()..~ DEPT HEAD:
Cathleen Bover, itv Clerk
Dave Anderson, Citv Manal!er
SUBJECT: Resolution Calling the General Municipal Election - November 7, 206
RECOMMENDED MOTION:
That City Council adopts the Resolution Calling the General Municipal Election for
November 7, 2006.
REPORT SUMMARY
The following report recommends Council adoption of the attached resolution (Attachment I),
calling the General Municipal Election for two (2) City Council seats.
The resolution specifies the County's responsibility throughout the filing and election process.
An election calendar highlighting dates of interest to candidates and the public is attached to this
report as references. (Attachment 2)
DISCUSSION:
Pursuant to Election Code commencing with Section 10400, the City Council hereby request the
Board of Supervisors of the County of Santa Clara to order the consolidation of the general and
special municipal election to be conducted within the boundaries of the City of Saratoga on
November 7, 2006, with respect to which the Board of Supervisors of the County of Santa Clara
has the power to order a consolidation. The City Council further consents to and orders the
consolidation of the general and special municipal election hereby called with the statewide
general election. Upon consolidation, the consolidation election shall be held and conducted,
election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m.
and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other
proceedings in connection with the election shall be regulated and done by the Registrar of
Voters of the County of Santa Clara in accordance with the provisions ofJaw regulating the
elections so consolidate
The nomination period for the 2004 General Municipal Election calls for the filing period of
July 17, 2006 - August 11, 2006, except that if an incwnbent elective officer does not file within
the period, the voters shall have until 5 p.m. on Wednesday August 16, 2006 to nominate
candidates other than incwnbents.
A General Municipal Election herby is called to be held in and for the City of Saratoga on
Tuesday, November 7, 2006 to elect three (3) Councilmembers, each for a full term of four (4)
years.
In accordance with the California Elections Code Section 13307b), the County Registrar of
Voters is required to provide all election material to be printed in English and Spanish, including
instructions and words to the measure.
The resolution provides the following:
1. Call for the General Municipal Election for election of certain officers for November 7,
2006 to be consolidated with the Santa Clara County Registrar of Voters.
2. Requests to the governing body of any political subdivision holding elections on
November 7, 2006, that such election be consolidated with Saratoga's Municipal
Election, under the administration of the County of Santa Clara Registrar of Voters office.
3. Determining that the length of candidate's statements shall not exceed four hundred (400)
words in length, that candidate's desiring to distribute a candidate's statement shall pay
the pro rated share of the estimated fee per candidate is $2,500.
4. Under Section 10228 of the Election Code there is a required filing fee of$25, which
covers the City costs of processing nomination paper.
FISCAL IMPACT
The estimated cost of conducting the General and Special Municipal Election through the County
of Santa Clara is approximately $80,000. The Registrar of Voters has based its increased charges
per registered voter on several factors as follows: printing of bilingual ballots, publication of
legal notices, postal rate increase, cost of living in personnel costs, bilingual recruitment of
polling place workshops in targeted precincts, increased absentee voting, materials and supplies,
and DRE (Electronic Voting Equipment Recovery Fee).
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Publish Notice of Election in the Saratoga News and posting of the Council Agenda.
FOLLOW UP ACTIONS:
A certified copy of adopted Resolution Calling the General and Municipal Election shall be
forwarded to the Santa Clara County Board of Supervisors and Santa Clara County Registrar of
Voters no later than Julv 5. 2006.
2
ATTACHMENTS:
1. Resolution
2. General Municipal Election Calendar
3. Notice of Election for Publication
3
RESOLUTION 06-
RESOLUTION OF THE CITY OF SARATOGA ORDERING AND
CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN
THE CITY OF SARATOGA ON NOVEMBER 7,2006; FOR THE
ELECTION OF CERTAIN OFFICERS; REQUESTING THE
SERVICES OF THE REGISTRAR OF VOTERS; REQUESTING
CONSOLIDATION OF ELECTIONS AND SPECIFYING CERTAIN
PROCEDURES FOR THE CONSOLIDATION OF ELECTIONS AND
DETERMINING TO LEVY THE COST OF CANDIDATES'
STATEMENTS; REQillRING PAYMENT OF CANDIDATES'
FILING FEES; AND PROVIDING FOR
GIVING NOTICE OF ELECTION
WHEREAS, California Election Code Section 1301 provides that the general
election for the City of Saratoga can be held on the day of the statewide general election;
WHEREAS, pursuant to Part 3 of Division 10 ofthe California Elections Code, a
general election may be consolidated with a statewide election; and
WHEREAS, a statewide election will be held on November 7, 2006;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Saratoga:
1. A general municipal election is hereby called to be held in and for the City of
Saratoga on Tuesday, November 7, 2006 to elect three (3) Council Members,
each for a full term of four (4) terms
2. Pursuant to Election Code commencing with Section 10400, the City Council
hereby request the Board of Supervisors of the County of Santa Clara to order
the consolidation of the general municipal election to be conducted within the
boundaries of the City of Saratoga on November 7, 2006, with respect to
which the Board of Supervisors of the County of Santa Clara has the power to
order a consolidation. The City Council further consents to and orders the
consolidation ofthe general municipal election hereby called with the
statewide general election. Upon consolidation, the consolidated election
shall be held and conducted, election officers appointed, voting precincts
designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m.,
ballots counted and returned, returns canvassed, and all other proceedings in
connection with the election shall be regulated and done by the Registrar of
Voters of the County of Santa Clara in accordance with the provisions of law
regulating the elections so consolidated.
3. The City Clerk is hereby authorized and directed to publish a notice of general
municipal election within the time and in the manner specified in Elections
Code Section 12109. The City Clerk is further authorized and directed to do
all other things required by law to hold the general election above provided.
4. Pursuant to Section 13307 of the Elections Code, the City Council hereby
determines to levy against each candidate availing himself or herself of the
service of including a candidate's statement not to exceed four hundred (400)
words in length in the voter's pamphlet, the actual prorated cost of printing,
handling and translating the candidate statement, incurred by the City of
Saratoga. The City Clerk shall provide written notice to such effect with each
set of nomination papers issued and shall require payment of the estimated pro
rata share at the time the candidate statement is filed.
5. The City Clerk is hereby authorized and directed to certify to the adoption of
the resolution and to transmit a certified copy to the Board of Supervisors of
the County of Santa Clara and to the Registrar of Voters of the County of
Santa Clara.
PASSED AND ADOPTED at a regular meeting of the City of Saratoga this ih
day of June 2006 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
SIGNED:
MAYOR OF THE CITY OF SARATOGA
SARA TOGA, CALIFORNIA
ATTEST:
CLERK OF THE CITY OF SARATOGA
SARATOGA, CALIFORNIA
Abbreviated Gubernatorial General ElectiQn Calendar
November 7,.2006
Santa Clara CountY
DATES
September 28, 2006
(E-40)
october 10, 2006
(due to holic!ay)
(E - 29)
October 23, 2006
(E -15)
October 26, 2006
(E -12)
October 22 through
November 6, 2006
(E-16to E-1)
October 31,2006
(E-7)
NOVEMBER 7, 2006
December 5, 2006
ACTlVIT1ESl:D'rlCl/llMfIlfIJ
":".. ',:,~,,: :', ';;' .:......,;-: ,::c''',~).",.;::: :"""~",,:,,t:;:~~,.:;; ..,.:, '_' ,,, ....,.,..,' i.' ,
F.P.P.C. 1'1 PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report FOrm 460 C9venng theperiQd of 7-1-06**
to gc30-oS. .
FIRST DA Y FOR MAILING OF ABSENTEE BALLOTS
First day of mailing of absentee ballots.
LAST DA Y TO REGISTER TO VOTE FOR NOVEMBER ELECTION
Deadline to register to vote to be eligible to vote in the November 7 , 200S
election.
F.P.P.C. rt PRE-ELECTION STATEMENT DUE
Deadline for financial disclosure report Form 460 covering the period of 10-1.Q6
to 10-21-oS.
LA TE CONTRIBUTIONRNDEPENDENT EXPENDITURES
Sums over $1000 to/from a singlesourcel11ustb~..eported within 24 hours. The
Late Independent Expenditurerllport is required only for committees (not
candidate committees) that make independent exi:>enditureStotaling$1,OOO or
more to support (lr oppose a single candidate or a single ballot measure.
.LAST DA Y TO REQUEST ABSENTEE BALLOTBY MAIL
Deadline at 5:00 p.m. to submit a request for an absentee ballot to be mailed to
you.
ELECTION DA Y
Polls are open from 7:00 a.m. to 8:00 p.m.
OFFICIAL CANVASS OF VOTE
Registrar of Voters to certify election results by December 5, 200S.
This calendar may not contain all of a candidate's or district's filing requirements, The Office of the
Registrar of Voters Is not open for filings on Saturday, Sunday or holidays.
. The legaI10-calendar-day public examination period in which a writ of mandate may' be sought begins
immediately following the filing deadline for submission of those documents. The writ of mandate
request shall be filed no later than the end of the 10-calendar-day public examination period.
.
.. The period covered by any statement begins on the day after the closing date of the last statement
filed, OR January 1", if no previous statement has been flied.
10/18/05 sa
Abbreviated Gubernatorial General Election Calendar
November 7,2006
Santa Clara County
'~_':~lii>;;~~~~;~ ..>. .................. .... ..........
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~,;' ,',.o'd:;.i';",,,r' di:;,:..i;&".'.:i.0;;;;1:';'i'~:.j;':,. ,,-~~-" : ',' <,' t.W,;;0.",,,,,~/ '';''';.''_'_ "'lio".,;c:..,c
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m~ 'rES
July 5, 2006
(E - 125)
July 17, 2006
(E -113)
August 11, 2006
(E-88)
.
. August12 through
August 16, 2006
(E - 87 toE -83)
August 16, 2006
(E-83)
August 17, 2006
(E-82)
.
August 23, 2006
(E-76)
September 11 through
October 24, 2006
(E - 57 to E - 14)
DUE DATE FOR RESOLUTIONS FOR GOVERNING BOARD ELECTIONS
.
Deadline for jurisdictions to submit resolutions for a governing board election.
,
NOMINA TION PERIOD OPENS
First day candidates may pick up nomination documents either at the district
office or at the Office of.the Registrar of Voters.
NOMINA TION PERIOD CLOSES.
Deadline to file (in the Office of the Registrar of Voters only) all required
nomination documents.
WITHDRAWAL OF CANDIDATE
No candidate shall withdraw after 5:00 p.m. on this date for offices which do not
have an.extension periQd.
DUE DA TE FOR MEASURE RESOLUTIONS AND TAX RA TE STA TEMENTS .
Last day for jurisdictions to file a resolution calling for a measure election, and if
applicable, tax rate statements.
EXTENSION PERIOD.
If an incumbent fails to file a Declaration of Candidacy by August 11"'for his or
her office, there will be a 5-calendar-day extension during which any candidate,
other than the incumbent, may file or withdraw from said office.
DUE DA TE FOR ARGUMENTS.
Deadline set by the Registrar of Voters for SUbmitting arguments in favor of and
against a measure.
RANDOMIZED ALPHABET DRAWING
This day the Secretary of State and the local elections official will conduct a
drawing of letters of the alphabet to determine the order in which candidates
appear on the ballot.
.
DUE DA TE FOR REBUTTALS AND IMPARTIAL ANAL YSES ·
Deadline set by the Registrar of Voters for submitting rebuttals to arguments in
favor of and against and the impartial analysis.
WRITE-IN CANDIDACY OPENS AND CLOSES
Time frame for write-in candidates to obtain and file nomination documents in
the Office of the Registrar of Voters.
10/18/05 S8
SARATOGA CITY COUNCIL
MEETING DATE:
June 7, 2006
AGENDA ITEM:
3G
J2JC/
ORIGINATING DEPT: Public Works
PREPARED BY, I.J.. ~
Iveta Harvancik, Assoc. Enginee
CITY MANAGER:
DEPTHEAD: ~Q~
Jo n Cherbone, PW Direct;
SUBJECT: Addition and Alterations to the James McWilliams House - Award of
Construction Contract
RECOMMENDED ACTION(S):
I. Move to declare Romano Construction, Inc. to be the lowest responsible bidder on the
Addition and Alterations to the James McWilliams House project.
2. Award a construction contract for Addition and Alterations to the James McWilliams
House to Romano Construction, Inc. in the amount of $96,249 and authorize the City
Manager to execute the same.
3. Adopt budget resolution that reduces the FY 2005-06 budget for this project and
increased the FY 2006-07 project budget.
REPORT SUMMARY:
Sealed bids for Addition and Alterations to the James McWilliams House project were opened
on May 31,2006. A total of two contractors submitted bids and a summary of the bids received
are attached. Romano Construction, Inc. of San Jose submitted the lowest bid of $96,249. Staff
has carefully checked the bid along with the listed references and has determined that the bid is
responsive to the Notice inviting Sealed Bids dated May 4, 2006.
The scope of work consists of supplying all labor, equipment and materials to renovate James
McWilliams House and construct an additional storage room. Renovations include ADA
compliance, electrical work, painting, window repair and other miscellaneous work.
Therefore staff recommends that the Council declare Romano Construction, Inc to be the lowest
responsible bidder on the project and award a construction contract to this firm in the amount of
their bid.
FISCAL IMPACTS:
The following table provides an overview of the funding for this project, and the carry-over of
budget items from FY 2005-06 to FY 2006-07.
As shown there is a total available for the project of$123,81O. Of that $20,000 is budgeted for
the architect, $7,500 for project oversight and labor standards compliance monitoring, and
$96,310 for construction. This project therefore does not have any funds budgeted for
contingency.
Fy 2005-06 YTD Carry FY 2006-07 FY 2006-07 Account
Source of Funds Budeet Revenue Forward Budeet Revised Number
Santa Clara County
Grant 100,000 13,000 87,000 87,000 001-1060-433-0400
CDBG 23,810 23,810 270-1040-431-0400
Total Source of Funds 100,000 13,000 87,000 23,810 110,810
Fy 2005.06 YTD Carry FY 2006-07 FY 2006-07 Account
Use of Fuuds Budeet Expenses Forward Budeet Revised Number
Architectural 15,000 13,000 2,000 7,000 001-1060-513-5438
Oversight 5,000 5,000 7,500 001-1060-513-5440
Construction 80,000 80,000 72,500 001-1060-513-5439
ADA Access 23,810 23,810 270-7015-572-5128
Total Use of Funds 100,000 13,000 87,000 23,810 110,810
Construction and ADA Access combined:
Construction
ADA Access
80,000
80,000
23,810
72,500
23,810
96,310
Total
80,000
80,000
23,810
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Romano Construction, Inc. will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that company. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all the bids and direct staff to re-bid
the entire proj ect again.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The contract will be executed and the contractor will be issued Notice to Proceed. Work will
begin as soon as possible and be completed within 60 calendar days.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Bid Summary.
2. Resolution.
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ATTACHMENT 2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE FY 2005-06 AND FY 2006-07 BUDGET
AS RECOMMENDED IN THE FISCAL IMPACT OF THE ADDITION AND
ALTERATIONS TO THE JAMES McWILLIAMS HOUSE PROJECT REPORT
WHEREAS, on June 7, 2006 the City of Saratoga awarded a construction
contract for Addition and Alterations to the James McWilliams House project;
WHEREAS, the said project will not begin until the next fiscal year; and
WHEREAS, it is necessary to carry forward revenues and expenditures of the
project budget from FY 2005-06 to FY 2006-07 to provide adequate financing for said
project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby resolves to accept the budget amendments as submitted and authorizes
the budget adjustments as follows:
AND BE IT FURTHER RESOLVED, that the Administrative Services Director
is directed to record these changes into the City's accounting records in accordance with
appropriate accounting practices.
. Decrease Revenue in FY 2005-06 by $87,000
. Increase Revenue in FY 2006-07 by $87,000
. Decrease Addition and Alterations to the James McWilliams House Project
expenditures in FY 2005-06 by $87,000
. Increase Addition and Alterations to the James McWilliams House Project
expenditures in FY 2006-07 by $87,000
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed
and adopted at a regular meeting of the Saratoga City Council held on 7th day of June,
2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
Attest:
Cathleen Boyer, City Clerk
SARA TOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM: 0\\
CITY MANAGER: yJ C/
~
DEPT HEAD: )-
Michele Braucht
ORIGINATING DEPT: Admin. Services
PREPARED BY: M. Braucht
SUBJECT: Supplemental Law Enforcement Services Funds (SLESF)
RECOMMENDED ACTION:
Adopt resolution authorizing the continued use of Supplemental Law Enforcement Funds as a
source of funds for additional public safety services.
REPORT SUMMARY:
Pursuant to Assembly Bill No. 2885, Citizen's Option for Public Safety (COPS), the State of
California distributes $242,600,000 a year in funding to criminal justice agencies throughout
California. The City of Saratoga is eligible to receive $100,000.
Funds from this program cannot supplant existing funding and are to be used for personnel
and/or equipment. On an annual basis the spending plan of the City must be submitted to the
local Supplemental Law Enforcement Oversight Committee for review and certification.
FISCAL IMPACTS:
For fiscal year 2006-07 the City of Saratoga has allocated the $100,000 towards supplemental
patrol officers and a neighborhood resource officer provided by Santa Clara County Sheriff's
Office. The proposed contract with the Santa Clara County Sheriff's Office for fiscal year 2006-
07 includes 3,888.90 supplemental hours at a cost to the City of$488,018 and a flat fee of
$100,000 for a neighborhood resource officer. The $100,000 in Supplemental Law
Enforcement Funding pays for 17.01 % of that portion of the contract price.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City would become ineligible for the $100,000 in Supplemental Law Enforcement Funding.
ALTERNATIVE ACTION:
N/A
Page 1 of4
FOLLOW UP ACTION:
Direct the City Clerk to send a copy of the report; a certified copy of the resolution; and the
Supplemental Law Enforcement Form, to the County of Santa Clara, Office of the District
Attorney.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A - Resolution
Attachment B - Supplemental Law Enforcement Form
CC:
Captain Hirokawa (electronically - John.Hirokawalalsho.co.santa-clara.ca.us)
George Doorley [GDoorley@da.sccgov.org]
Page 2 of4
ATTACHMENT-A
RESIOLUTION NO.
A RESOULTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA REPORTING THE USE OF
SUPPLEMENTAL LAW ENFORCEMENT FUNDS KNOWN
AS "COPS" FOR FISCAL YEAR 2006-07
WHEREAS, the State of California has made additional funding available to supplement
City funds for front line municipal public safety services;
WHEREAS, the City of Saratoga has determined the best use of the COPS funds is to
improve public safety with supplemental patrol officer hours and neighborhood resource officer;
WHEREAS, the City of Saratoga is required to report planned use of such funds to the
County of Santa Clara, Office of the District Attorney annually;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby resolves to approve the use of the $100,000 available from the Supplemental Law
Enforcement Services Fund for supplemental patrol officer hours and neighborhood resource
officer;
AND BE IT FURTHER RESOLVED, that the City Council wishes to notify the District
Attorney's Office of their approved spending plan by copy of this resolution.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of June 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
, Mayor
ATTEST:
Cathleen Boyer, City Clerk
Page 3 of 4
ATTACHMENT - B
Supplemental Law Enforcement Standardized Forms
Oversight Committee Summary
For the Fiscal Year End June 30, 2007
Citv of Saratoe:a
Beginning Fund Balance
REVENUE
State Funding
Interest Revenue
Other Revenue
Total Revenue
$
100,000
$
100,000
EXPENDITURES
Salaries & Benefits
Services & Supplies
Equipment
Administrative Overhead
Total Expenditure
$
100,000
$
100,000
Revenue over/(under) Expenditures
Ending Fund Balance
$0
$0
STATISTICAL DATA
Positions:
Sworn Officers
Correctional Officers
Prosecutors
Investigators
Support Staff
Total Positions
# Of Hours Paid
796.88
796.88
Footnote from Sheriff's Proposed Contract for FY 2006-07 RECEIVED 3/17/2006
# of Hours Rate Total Cost
Supplemental Patrol Hours - Days
3,888.90
$125.49
$ 488,018.06
Neighborhood Resource Officer
Flat Rate
3,888.90
$ 100,000.00
$ 588,018.06
Percent paid by SLESF Funds
17.01%
Page 4 of 4
SARATOGA CITY COUNCIL
MEETING DATE: June 7th, 2006
AGENDA ITEM:
3l
CITY MANAGER: GJ CY
ORIGINATING DEPT: Public Works
PREPARED BY:
SUBJECT: Oak Place & Highway 9 Pedestrian Improvements - Award of Construction
Contract
RECOMMENDED ACTION:
1. Move to declare George Bianchi Construction to be the lowest responsible bidder on the
project;
2. Move to award a construction contract to George Bianchi Construction in the amount of
$120,913;
3. Move to authorize staff to execute change orders to the contract up to $24,000;
4. Approve budget resolution to carry forward the project budget from FY 2005-06 to FY
2006-07.
REPORT SUMMARY:
Sealed bids for the Oak Place & Highway 9 Pedestrian Crosswalk Improvement Project were
opened on May 8th. The City received one bid by George Bianchi Construction in the amount of
$184,101. Staffhas carefully checked the bid along with the listed references and has determined
that the bid is responsive to the Notice Inviting Sealed Bids dated April 7th, 2006. Following the
bid opening, negotiations were made with the contractor to modify the scope of work in order to
accomplish the project within budget while still retaining all key elements of the design. The
resulting proposal from George Bianchi Construction is $120,913.
The scope of work includes furnishing all materials, equipment, and labor to construct and install
medians, curb/gutter sections, sidewalks, solar-powered pedestrian warning lights and all related
and incidental work.
It is therefore recommended that the Council declare George Bianchi Construction to be the lowest
responsible bidder on the project, and award a construction contract (Attachment 3) to this firm in
the amount oftheir bid. Further, it is recommended that the Council authorize staffto execute
change orders to the contract up to an amount of $24,000 to cover any unforeseen circumstances
and additional work, which may arise during the course of the project.
FISCAL IMPACTS:
The following table provides an overview of the current project budget, which is funded in full
from a transfer from the General Fund.. This project will not be completed in the FY 2005-06, it is
therefore necessary to carry-forward $246,000 to FY 2006-07. Of that amount $ 146,920 are
budgeted for the Oak Place & Highway 9 Pedestrian Improvement project, and $99,080 are
designated for future CIP projects.
Oak Place & Hil!hwav 9 Pedestrian Improvements
Use of Funds
Supplies
Contract Services
Contingency
Designated for CIP
Total Use of
Funds
Fy 2005-06
Budeet
1,500
238,000
10,500
YTD
Expenses
4,000
FY 2006-07
Revised Budeet
2,000
120,920
24,000
99,080
Account
Number
716-1716-622-3522
716-1716-622-5241
716-1716-622-5549
250,000
4,000
246,000
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
George Bianchi Construction will not be declared the lowest responsible bidder and a construction
contract will not be awarded to that firm. The Council may make specific findings to declare
another bidder to be the lowest responsible bidder, or reject all of the bids and direct staffto re-bid
the entire project. However, staff does not believe that a lower bid will be obtained by re-bidding
the project due to the competitive nature ofthe current bids received.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will
begin in July 2006 and completed within 45 working days (see Attachment 2).
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Local property and business owners will be contacted for notification pwposes prior to
construction.
ATTACHMENTS:
1. Bid Summary
2. Bid Advertisement
3. Contract for Construction
4. Budget Resolution
- III III
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ATTACHMENT 2
NOTICE INVITING BIDS
HIGHWAY 9. OAK PLACE PEDESTRIAN CROSSWALK PROJECT
SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until 10:00
am, Mav 8th, 2006 for HIGHWAY 9 - OAK PLACE PEDESTRIAN CROSSWALK
PROJECT. Sealed bids shall be submitted addressed and noted as follows:
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Sealed Bid for: HIGHWAY 9 - OAK PLACE PEDESTRIAN CROSSWALK
PROJECT
All bids must be accompanied by bidder's security in accordance with California
Public Contract Code Sections 20170 et seq.
Following the closure of the bid submittal period, bids will be publicly opened and
read for performing work as follows:
Furnishing all labor, materials, equipment, and performing all work
necessary and incidental to the construction of the project known as the
HIGHWAY 9 - OAK PLACE PEDESTRIAN CROSSWALK PROJECT,
according to drawings and specifications as prepared by the City of
Saratoga and according to the Contract Documents. The work to be
done consists of supplying all labor, methods or processes, implements,
tools, machinery, equipment and materials for curb, gutter, striping,
drainage, traffic control and other work not specifically mentioned herein,
but which may be required as directed by CITY or its designated
representative.
CITY hereby notifies all Bidders that it will affirmatively ensure that in
regard to any contract entered into pursuant to this Invitation for Bid,
Disadvantaged Business Enterprises (DBE's) will be afforded full
opportunity to submit Bids in response to this invitation and will not be
discriminated against on the basis of race, color, sex, national origin, in
consideration for an award.
Project is to be completed by August 4th, 2006 (45 working days).
The Contractor shall pay to the City of Saratoga the sum of three
hundred dollars ($300.) for each and every calendar day's delay in
finishing the work in excess of the calendar day completion time.
Bidders may obtain copies of the bidding documents free of charge at the
Saratoga Public Works Department. Send requests for project drawings and
specifications to City of Saratoga; 13777 Fruitvale Avenue; Saratoga, California
95070; Attn: Public Works Director.
Pursuant to California Labor Code Section 1771, the successful bidder and all
subcontractors shall pay not less than the prevailing rate of per diem wages as
determined by the Director of the California Department of Industrial Relations.
Copies of such prevailing rate of per diem wages are available for view at the
City of Saratoga Department of Public Works.
Pursuant to California Public Contract Code Section 22300, the Contractor may,
at its option, choose to substitute securities for monies earned by the Contractor
and retained by CITY to ensure the performance of the Contract.
Pursuant to California Public Contract Code Section 3300, City has determined
that the Contractor shall possess a valid Contractors License at the time that the
bid is submitted. Failure to possess the specified license shall render the bid
non-responsive.
The successful bidder will be required to furnish a payment bond in the amount
equal to one hundred percent (100%) of the Contract Price, as well as a faithful
performance bond, in the amount equal to one hundred percent (100%) of the
Contract Price. The bonds shall be on the forms included in the Contract
Documents.
The successful bidder shall insure that employees and applicants for
employment are not discriminated against on the basis of age, color, race,
national origin, ancestry, religion, sex, sexual preference, or marital status, and
shall comply with the Americans with Disabilities Act.
Bids will be examined and reported to the City of Saratoga City Council (Council)
at a meeting within sixty (60) days of the bid opening. CITY reserves the right to
reject any and all bids, or to waive any irregularities or informalities in any bid or
in the bidding procedure, or to postpone the bid opening or award for good
cause. No Bidder may withdraw its bid for a period of five (5) calendar days after
the date of opening of the bids. Each bidder will be notified of award of contract,
if award is made. Contract Documents, Forms of Bid and any questions
concerning this bid should be addressed to Public Works Director, City of
Saratoga, (408) 868-1239.
CITY OF SARATOGA
Public Works Department
April 7, 2006
Attachment 3
THIS CONTRACT FOR CONSTRUCTION is made and entered into this June
7th, 2006, by and between the City of Saratoga, a municipal corporation (herein
called CITY) and George Bianchi Construction, Inc, herein called Contractor.
RECITALS
A. WHEREAS, the City has caused to be prepared in the manner prescribed by
law, plans, specifications and other contract documents for the public work of
construction [insert project name and contract number] herein described and shown
and has approved and adopted the Contract Documents, including the
specifications and plans, and has caused to be published in the manner and for the
time required by law a Notice Inviting Bids for the work described in the Contract
Documents, and
B. WHEREAS, the Contractor in response to the City's Notice has submitted to
the City a sealed bid proposal accompanied by a bid guaranty in an amount not
less than ten percent (10%) of the amount bid for the construction of all of the
proposed work in accordance with the terms of the Contract Documents, and
C. WHEREAS, the City, in the manner prescribed by law, has publicly opened,
examined and declared the bids submitted and as a result has determined and
declared the Contractor to be the lowest responsible bidder and has duly awarded
to the Contractor a contract for all of the work and for the sum or sums named in
the bid proposal and in this Contract.
Accordingly, CITY and Contractor agree as follows:
(1) CONTRACT SUM: CITY agrees to pay, and the Contractor agrees to
accept, in full payment for the above work, the sum of $120,913 to be paid
in accordance with the Contract Documents.
(2) COMPLIANCE WITH LAW: CITY is a public agency. All provisions of law
applicable to public contracts are a part of this contract to the same extent
as though set forth herein and will be complied with by the Contractor.
(3) CONTRACT DOCUMENTS: The following Contract Documents relating to
this Contract for Construction are hereby made a part of and incorporated
by reference into this Contract:
The Notice Inviting Bids
Information for Bidders
Statement of Experience and Qualifications Bid Form
Contract Proposal,
Faithful Performance Bond
Labor and Materials Payment Bond
Contractor's Certificate Regarding Worker's Compensation
Certificate of Insurance and Endorsements,
Affidavit Concerning Conflicts of Interest and Noncompetitive Practices
Fair Employment Practices Certificate
General Conditions, Special Conditions and Attachments thereto,
State of California Department of Transportation Standard Plans and
Specifications, current year
Plans and Specifications prepared by City of Saratoga dated April 7th,
2006.
and supplemental agreements, certifications, and endorsements
applicable to this work, with all modifications incorporated in said
documents prior to receipt of the Contract Proposals.
Any work called for in one contract document not mentioned in another is
to be performed and executed the same as if mentioned in all Contract
Documents.
This Agreement (including all documents referred to above and
incorporated herein) represents the entire and integrated Agreement
between CITY and Contractor for the Project and supersedes all prior
negotiations, representations, or agreements, either written or oral. This
document may be amended only by written instrument, as provided in the
General Conditions.
(4) PROHIBITED INTEREST. Contractor represents that to the best of its
knowledge no director, officer, or employee of CITY has any interest,
contractual or non-contractual, financial or otherwise, in this transaction or
in the business of Contractor. If any such interest comes to the knowledge
of Contractor at any time, a full and complete disclosure of all such
information shall be made in writing to CITY, even if such interest would
not be considered a conflict of interest under Article IV Division 4
(commencing with Section 1090) or Division 4.5 (commencing with
Section 3600) of the Government Code of the State of California. No
member, officer, or employee of CITY or of any of its member jurisdictions
during his/her tenure of office, or for one year thereafter, shall have any
interest, direct or indirect, in this Contract or the proceeds therefrom.
(5) NOTICES. Any notices to be given hereunder by either party to the other
may be effected either by personal delivery, fax or mail. Mail shall be sent
registered or certified, postage pre-paid, return receipt requested. Mailed
notices shall be addressed to the parties at the addresses set forth below,
but each party may change its address by written notice in accordance
with this paragraph. Notices delivered personally shall be effective
immediately. Notices sent by mail shall be effective one (1) day after
mailing. Notices sent by facsimile shall be effective upon transmission to
the number set forth below.
CITY OF SARATOGA
CONTRACTOR
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
(408) 868-1239
George Bianchi Construction, Inc.
775 A Maybury Road
San Jose, CA 95133
(408) 453-3037
(6) Warranties. The Contractor hereby warrants and guarantees for one (1)
year from and after the date of completion of the services provided for in
this Agreement that said materials and labor necessary for the HIGHWAY
9 - OAK PLACE PEDESTRIAN CROSSWALK PROJECT, shall operate
as provided for in the Technical Specifications and Contract Documents.
During the term of this warranty, Contractor shall provide all materials,
parts and labor, at its own expense, which are necessary to repair and/or
correct any and all defects, installation or operational failures in the
equipment from any cause. Notwithstanding the foregoing, Contractor
shall not be required to bear the expense of correction of any failure in the
equipment that is caused solely by the negligence or willful misconduct of
City. The warranties of each part or component supplied are in addition to
the warranties required of Contractor in the Contract Documents.
(7) Waiver. No waiver of any breach of the terms, conditions or covenants of
this contract shall be construed to be a waiver of any succeeding breach
of the same or any other covenants, conditions or terms of this contract.
The waiver by any party of a breach of this Contract shall not constitute a
continuing waiver, or a waiver of any subsequent breach, either of the
same of different provision of this Contract.
(8) Time of the Essence. Time is of the essence in this contract.
(9) Controllina Law. This contract and all matters relating to it shall be
governed by the laws of the State of California.
(10) Entire Aareement. It is expressly agreed between CITY and Contractor
that this contract, including the documents listed in paragraph 3 and
incorporated herein, expresses the complete agreement between the
parties and supersedes all prior oral or written negotiations, agreements
and understandings between them regarding the subject matter hereof.
This Agreement may be amended only by written agreement between the
parties as provided in the Contract Documents.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR
OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED
WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE
REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
This Agreement is executed by CITY upon approval by the Council at its regular
scheduled meeting of June 7th, 2006, and the Contractor has caused this
Agreement to be duly executed.
CITY OF SARATOGA
CONTRACTOR:
By:
(Authorized Representative)
By:
(Dave Anderson, City Manager)
Dated: June 7th, 2006
Printed Name:
Title:
(Attach Acknowledgment for
Authorized
Representative of Contractor)
Contractors License No.:
Expiration Date:
ATTEST:
Cathleen Boyer, City Clerk
APPROVED AS TO FORM:
Richard Taylor, City Attorney
(Contractor Signatures must be Notarized)
Attachment 4
RESOLUTION NO.
A RESOUL TION OF THE CITY COUNCIL OF THE CITY OF SARA TOGA
AMENDING THE FY 2005-06 AND FY 2006-07 BUDGET AS RECOMMENDED IN
THE FISCAL IMPACT OF THE REPORT
WHEREAS, the Oak Place & Highway 9 Pedestrian Crosswalk hnprovement Project will
not begin until late this fiscal year;
WHEREAS, it is necessary to carry-forward the project budgets into the next fiscal year.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby resolves to accept the budget amendments as submitted and authorizes the budget
adjustments as follows:
· Decrease Oak Place & Highway 9 Pedestrian Crosswalk hnprovement Project in FY
2005-06 by $246,000
· Increase Oak Place & Highway 9 Pedestrian Crosswalk hnprovement Project in Fy
2006-07 by $246,000
AND BE IT FURTHER RESOLVED, that the Administrative Services Director is
directed to record these changes into the City's accounting records in accordance with
appropriate accounting practices.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 7th day of June 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
~-'-'--'-"'-'-,--"-",, ~._-,---_.,- '-", ----
SARATOGA CITY COUNCIL
ORIGINATING DEPT: Public Works
CITY MANAGER:
?:>J
.f2 J C~
MEETING DATE: June 7th, 2006
AGENDA ITEM:
Morl!an Kessler @ DEPT HEAD: ~e~
SUBJECT: Blaney Plaza Improvements Phase II - Rejection of Bids
PREPARED BY:
RECOMMENDED ACTION:
1. Move to reject all bids for the Blaney Plaza Improvements Phase II Project;
2. Direct staff to refine scope of project, set new project start/finish date, and re-bid;
REPORT SUMMARY:
Sealed bids for the Blaney Plaza Improvements Phase II Project were opened on May 16th. The
City received two bids, and these are summarized in Attachment 1. The lowest bid came in at
$259,647 which is well over twice the CIP budget of$99,755. This high bid amount has been
consistent with a recent trend of much higher-than-usual bid prices and increased difficulty to get
contractors to submit bids. A major reason for this is a glut in available construction projects as a
result of two long winters in a row (making for a much shorter construction season). Contractors
are currently extremely busy with backlogged projects and in such a market can pick and choose the
projects they want to do, at very non-competitive prices.
Public Works staffhas discussed with the bidding contractors what the costlier items were in the
project's scope, and ifthere may be any money-saving alternatives for methods, materials, etc.
Following this and internal discussion, it appears that there is latitude for value engineering so as to
lower the cost of the project while still achieving the desired aesthetic effects that the landscape
architect intended. This value engineering may be performed in-house by Public Works staff to
save in consultant costs for the revisions.
Another consideration is the time constraint associated with the 50-year anniversary activities
planned during the month of September in the Saratoga Village area. Re-bidding the project will
have a considerable impact on the project's start date, which would probably be late July. It is
staff s opinion that construction will take approximately 45 working days, weather permitting. If
re-bid, the project may have to be phased so as to avoid construction activities at Blaney Plaza
during September. An example would be to do all concrete flatwork in August, and complete all
landscaping in October. An alternative would be to postpone construction until October.
It is therefore recommended that the Council reject all bids at this tinle, and direct staff to review
and refine the project scope and start/completion date. Once this has been done, the project will be
re-bid.
FISCAL IMPACTS:
No direct fiscal impacts, other than the cost of re-bidding the project.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Council would accept the lowest bid, and direct staff to revise the CIP budget to accommodate the
additional cost ofthe project.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Rejection of Bids will be sent to all project planholders.
ATTACHMENTS:
I. Bid Summary.
_Ill lilt")
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SARATOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM:
p~
-"
ORIGINATING DEPT: City Manager's Office CITY MANAGER:
PREPARED BY: ~ DEPTHEAD:
Cathl i I r Dave Anderson.. Citv Mana~er
SUBJECT: Resolution Ordering the Abatement of a Public Nuisance by Removal of
Hazardous Vegetation
RECOMMENDED ACTION:
Open public hearing; close public hearing; adopt resolution.
REPORT SUMMARY:
The attached resolution represents the second step in Saratoga's hazardous vegetation abatement
program administered by the Office ofthe Agricultural Commissioner. The Commissioner has
sent owners of the parcels requiring hazardous brush abatement notices informing them that the
brush must be abated, either by the owners or by the Office of the Agricultural Commissioner.
The notice also informed them that they may present objections at tonight's public hearing.
Ray Moreno from the Office of the Agricultural Commissioner will be attending the meeting to
answer any questions Councilmembers may have on this topic.
FISCAL IMPACTS:
None to the City. Office of the Agricultural Commissioner covers its costs from administrative
portion of fee charged to property owner.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Abatement process by the Office of the Agricultural Commissioner will not proceed. It would be
necessary to depend upon the property owners to take care of their own abatement.
ALTERNATIVE ACTION:
None.
FOLLOW UP ACTION:
Upon adoption, the Office ofthe Agricultural Commissioner will begin abatement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Public Hearing was published in the Saratoga News as required by law. The Office
ofthe Agricultural Commissioner mailed notices to all of the affected property owners.
ATTACHMENTS:
Attachment A - Resolution
Attachment B - 2006 Brush Program Commencement Report
RESOLUTION NO. 06-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING
ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF
HAZARDOUS VEGETATION
WHEREAS, the Saratoga City Council has declared hazardous vegetation growing on
certain properties to be a public nuisance by Resolution No. 06-038 adopted May 3, 2006; and
WHEREAS, the Office of the Agricultural Commissioner did give notice to all property
owners of land on which hazardous vegetation which have been declared a public nuisance are
growing; and
WHEREAS, a public hearing on said notice was held on June 7, 2006; and
WHEREAS, final action on any protests or objections to the proposed removal of weeds
has been made by the City Council.
NOW, THEREFORE, IT IS ORDERED that the Office of the Agricultural
Commissioner shall cause the abatement of hazardous vegetation as designated by resolution
dated June 2, 2004, by having said vegetation destroyed or removed, and any property owner
shall have the right to destroy or remove such weeds himself or herself, or have the same
destroyed or removed at his or her own expense, provided that such vegetation shall have been
removed prior to the arrival of the County Fire Marshal or his authorized representative to
remove them.
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 7th day of June 2006, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
SARA TOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM:
~
9~ ??/'
ORIGINATING DEPT: Public Works
CITY MANAGER:
PREPARED~h~
DEPT HEAD: John Che';!?9Pe II
~~
SUBJECT: Landscaping & Lighting Assessment District LLA-l - Public Hearing,
Approval of Engineer's Report, and Confirmation of Assessments for FY 06-07
RECOMMENDED ACTION(S):
I. Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and
Assessments for FY 06-07.
2. Approve two-year extension of existing professional services agreement with John H.
Heindel for Assessment Engineering and authorize City Manager to execute the same.
REPORT SUMMARY:
Attached is the final Resolution, which requires adoption by the Council to complete the renewal
of the Landscaping and Lighting Assessment District LLA-1 for FY 06-07. Once adopted, the
Resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal
year. The Council can consider the Resolution only after the close of the Public Hearing.
Professional Services Agreement for Assessment Engineering:
The attached proposal will extend the existing professional contract between the City and John
Heindel for an additional three year term. The current three-year contract expires this fiscal year
with a cost of $8,000 that will increase to $8,500 for the term of the new agreement. John
Heindel, a Saratoga resident, has been the City's Assessment Engineer since 1983 and has
provided exceptional service.
FISCAL IMPACTS:
All ofthe costs associated with the administration and operation of the Landscape & Lighting
Assessment District are recovered via the assessments levied against the benefiting properties.
This year the Engineer's report records were reconciled with the City's accounting system and any
deficits due to unanticipated repairs were backfilled. In FY 06-07 expenditures in some Zones have
been reduced to match anticipated revenues.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The Resolution would not be adopted and the assessments would not be confirmed. If this
occurs, the Council will need to direct staff accordingly.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
The assessment roll will be finalized and transmitted to the County Auditor by August 10 for
placement on the upcoming tax roll.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The Resolution of Intention and Notice of Hearing have been published a locally distributed
newspaper as prescribed by law.
ATTACHMENTS:
1. Resolution Confirming Assessments.
2. Engineer's Report.
3. Assessment Engineer's Proposal.
RESOLUTION NO.
A RESOLUTION ORDERING
THE IMPROVEMENTS AND CONFIRMING
THE DIAGRAM AND ASSESSMENT
FISCAL YEAR 2006-2007
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA-I
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
WHEREAS, on the 1st day of February, 2006, said Council adopted its Resolution
No. 06-006, "A Resolution Describing Improvements and Directing Preparation of Engineer's
Report for Fiscal Year 2006-2007" for the City of Saratoga Landscaping and Lighting
Assessment District LLA-l, pursuant to the Landscaping and Lighting Act of 1972, and directed
the City Assessment Engineer to prepare and file with the Clerk of this City a written report
called for under said Act and by said Resolution No. 06-006; and
WHEREAS, said report was duly made and filed with the Clerk of said City, whereupon
said Clerk presented it to the City Council for its consideration; and
WHEREAS, said Council thereupon duly considered said report and each and every part
thereof and found that it contained all the matters and things called for by the provisions of said
Act and said Resolution No. 06-006, including (1) plans and specification of the existing
improvements and the proposed new improvements; (2) estimate of costs; (3) diagram ofthe
District; and (4) an assessment according to benefits; all of which were done in the form and
marmer required by said Act; and
WHEREAS, said Council found that said report and each and every part thereof was
sufficient in every particular and determined that it should stand as the report for all subsequent
proceedings under said Act, whereupon said Council pursuant to the requirements of said Act,
appointed Wednesday, the 7th day ofJune, 2006, at the hour of7:00 p.m. of said day in the City
Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for
hearing protests in relation to the levy and collection of the proposed assessments for said
improvements, including the maintenance or servicing, or both, thereof, for Fiscal Year 2006-
2007, and directing said Clerk to give notice of said hearing as required by said Act; and
WHEREAS, it appears that notices of said hearing were duly and regularly published and
posted in the time, form and manner required by said Act, as evidenced by the Affidavits and
Certificates on file with said Clerk, and that all notices and ballots required by Article XIIID,
Section 4(c) and (d) of the California Constitution, were mailed to all property owners of record
subject to the assessment at least 45 days prior to the date of the public hearing on the proposed
assessment or increase, as evidenced by the Affidavit and Certificates on file with the City Clerk,
whereupon said hearing was duly and regularly held at the time and place stated in said notice;
and
1
WHEREAS, persons interested, objecting to or in favor of, said improvements, including
the maintenance or servicing, or both, thereof, or to the extent of the assessment district, or any
zones therein, or to the proposed assessment or diagram or to the Engineer's estimate of costs
thereof, and all persons desiring to be heard were given an opportunity to be heard, and all
matters and things pertaining to the levy and collection of the assessments for said
improvements, including the maintenance or servicing, or both, thereof, were fully heard and
considered by said Council;
NOW, THEREFORE, it is hereby found, determined and ordered, as follows:
I. That the public interest, convenience and necessity require and said Council does
hereby order the levy and collection of assessments pursuant to said Act, for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, more
particularly described in said Engineer's Report and made a part hereof by reference thereto.
2. That the City of Saratoga Landscaping and Lighting Assessment District LLA-I
and the boundaries thereof benefited and to be assessed for said costs for the construction or
installation of the improvements, including the maintenance or servicing, or both, thereof, are
situate in Saratoga, California, and are more particularly described by reference to a map thereof
on file in the office of the Clerk of said City. Said map indicates by a boundary line the extent of
the territory included in said District and any zone thereof and the general location of said
District.
3. That the plans and specifications for the existing improvements and for the
proposed improvements to be made within the assessment district or within any zone thereof
contained in said report, be, and they hereby are, finally adopted and approved.
4. That the Engineer's estimate of the itemized and total costs and expenses of said
improvements, maintenance and servicing thereof, and of the incidental expenses in connection
therewith, contained in said report, be, and it hereby is, finally adopted and approved.
5. That the public interest and convenience require, and said Council does hereby
order the improvements to be made as described in and in accordance with said Engineer's
Report, reference to which is hereby made for a more particular description of said
improvements.
6. That the diagram showing the exterior boundaries of the assessment district
referred to and described in said Resolution No. 06-006, and also the boundaries of any zones
therein and the lines and dimensions of each lot or parcel of land within said District as such lot
or parcel of land is shown on the County Assessor's maps for the fiscal year to which it applies,
each of which lot or parcel ofland has been given a separate number upon said diagram, as
contained in said report, be, and it hereby is, finally approved and confirmed.
2
7. That the assessment of the total amount of the costs and expenses of said
improvements upon the several lots or parcels of land in said District in proportion to the
estimated benefits to be received by such lots or parcels, respectively, from said improvements,
and the maintenance or servicing, or both, thereof and of the expenses incidental thereto
contained in said report be, and the same hereby is, finally approved and confirmed.
8. That said Engineer's Report for Fiscal Year 2006-2007 be, and the same hereby is,
finally adopted and approved as a whole.
9. That the City Clerk shall forthwith file with the Auditor of Santa Clara County the
said assessment, together with said diagram thereto attached and made a part thereof, as
confirmed by the City Council, with the certificate of such confirmation thereto attached and the
date thereof.
10. That the order for the levy and collection of assessment for the improvements and
the final adoption and approval of the Engineer's Report as a whole, and of the plans and
specifications, estimate of the costs and expenses, the diagram and the assessment, as contained
in said Report, as hereinabove determined and ordered, is intended to and shall refer and apply to
said Report, or any portion thereof, as amended, modified, revised or corrected by, or pursuant to
and in accordance with any resolution or order heretofore duly adopted or made by this Council.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the day of , 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
City of Saratoga
ATTEST:
Cathleen Boyer, City Clerk
3
~
JOHN H. HEINDEL
CONSULTING CIVIL ENGINEER
April 15,2006
Job No. 8306
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, CA 95070
Attn: Mr. John Cherbone, Director
Ladies and gentlemen:
I am pleased to present the following proposal for providing services relative to the
City of Saratoga's Landscaping and Lighting District LLA- I for fiscal years 2006-
2007 through 2008-2009.
Scope of Services
I. Consult with City staff personnel to determine costs, contributions
and carryovers for the current fiscal year, segregated by zone.
2. Generate a preliminary roll for parcels in the existing district,
excluding Zone 24, using the previous year's parcel data file and any data provided
by City, to be used for the public hearing.
3. Compile a data file, generate a preliminary roll and prepare an
assessment diagram for parcels to be annexed to the district, if any, using current
assessor's data, to be used for the public hearing.
4. Complete the Engineer's Report, including all additional items
required by the Act of 1972.
5. When the new assessor's roll becomes available from the County
(probably in July), update the data files, preliminary rolls and assessment diagrams
to produce final files, rolls and diagrams which agree with the new assessor's roll.
P. O. BOX 3452 . SARATOGA, CALIFORNIA 95070 . (408) 741-0159 . FAX (408) 741-5547
,
City of Saratoga
Attn: Mr. John Cherbone
April 15,2006
Page two
6. Produce and mail public hearing notices and ballots to the owners
of all parcels to be annexed, if any, and to the owners of other parcels as directed
by City staff or as otherwise required by law. A notice will be produced for each
parcel, which will contain the following information: Owner's name and address,
assessor's parcel number, amount of the existing assessment, amount ofthe
proposed assessment, the address to which property owners may mail a protest
against the proposed assessment, a statement that a majority protest will cause any
assessment increase to be abandoned, and the date, time and location of the public
hearing. This notice, together with a copy of the Resolution ofIntention, will be
sealed in a window envelope provided by the City, stamped and mailed.
7. Attend any public meetings and public hearings that might be held
relative to the proceedings, to explain the methods of spreading the assessments
and to answer any questions relative to the above services.
8. Produce and file with the county auditor the assessment roll
containing the assessments shown on the final roll.
9. Perform any services requested by the City which are additional to
those described above, including any services required to implement the
calculation of assessments for parcels within Zone 24 as described in the Rules for
Spreading Assessments for District LLA-l.
Fees for Services
For fiscal year 2006-2007 I propose to perform the above services for the
following fees:
For Items I through 5, 7 and 8 above, a lump sum fee of $8,500.00, plus
$9.10 per parcel added to the roll since the preceding year.
For Item 6 above, a fee equal to $2.25 per notice ($215.00 minimum), plus
cost of postage and reproduction of the resolution.
For Item 9 above, a fee equal to $155.00 per hour expended by me, plus
115% of the cost of any outside services and expenses incurred by me.
JOHN H. HEINDEL . CONSUL TING CIVIL ENGINEER
.
.
City of Saratoga
Attn: Mr. John Cherbone
April 15,2006
Page three
For subsequent fiscal years I propose that the above fees be adjusted in proportion
to the change in the value of the San Francisco-Oakland-San Jose Conswner Price
Index, as published by the U. S. Department of Labor, between that published for
February 2006 and February of the year in question.
Please contact me if you have any questions or comments. If you agree with the
above terms, please sign and retwn to me one copy of this proposal.
Very sincerely,
H.H~~J
ACCEPTED FOR THE CITY OF SARA TOGA
BY
DATE
JOHN H. HEINDEL - CONSUL nNG CIVIL ENGINEER
----- "-'~----".,.. '___""_'__m"" ~________._",._
CITY OF SARATOGA
LANDSCAPE AND LIGHTING
DISTRICT LLA-1
ENGINEER'S REPORT
on the
Levy of an Assessment
for the
2006-2007 Fiscal Year
April 2006
JOHN H. HEINDEL - CONSULTING CIVIL ENGINEER
ENGINEER OF WORK
TABLE OF CONTENTS
Assessment & Cost Summary
Rules for Spreading Assessment
Description of Improvements
Cost Detail
Assessment Roll
Assessment Diagram
Certificates
Pages
1-3
4-5
6-7
8-12
CITY OF SARATOGA
LANDSCAPING AND LIGHTING DISTRICT LLA-l
ASSESSMENT
for Fiscal Year2006-2007
WHEREAS, on , 2006, the City Council of the City of Saratoga, California, pursuant to
the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution No. 06-00_
describing improvements and directing preparation of the Engineer's Report for Fiscal year 2006-2007,
more particularly therein described, and
WHEREAS, said Resolution No. 06-00_ directed the Engineer of Work to prepare and file a report
presenting plans and specifications for the proposed improvements, an estimate of costs, a diagram of the
assessment district, and an assessment of the estimated costs of the improvements upon all assessable lots
or parcels of land within the assessment district, to which Resolution reference is hereby made for further
particulars,
NOW, THEREFORE, I, John H. Heindel, by virtue of the power vested in me under said Act and the
order of the City Council of said City of Saratoga, hereby make the following assessment to cover the
portion of the estimated cost of said improvements, including the maintenance and servicing thereof and
the costs and expenses incidental thereto, to be paid by the assessment district for the Fiscal Year 2006-
2007:
ENGINEER'S ESTIMATE SUMMARY*
ADMINISTRATIVE COSTS
Wages & benefits
Attorney
Assessment engineer
Other
OPERATIONS
Wages & benefits
Workers Compo
Repair services
Maintenance services
Irrigation water
Electric power
INDIRECT COSTS
COUNTY FEES
Total costs
$26,568
500
8,789
300
$ 36,157
$70,642
8,530
32,875
64,029
33,534
62260
271,870
46,819
4.1 03
$358,949
Previous year carryover
Net cost
(251,061)
(162.700)
$ (54,812)
(1,930)
293.364
$236,622
Estimated property tax revenue
Carryover not recovered
Carryover not reimbursed
Assessment
SUMMARY OF ASSESSMENT BY ZONE*
As Preliminarilv Aooroved As Confirmed
Zone No. Total Per Parcel Total Per Parcel
1 $ 1,309 45.14 $ $
2 6,039 71.04
3 13,479 76.58
4 -0- 0.00
5 -0- 0.00
6 5,407 84.48
7A -0- 0.00
7B -0- 0.00
9 10,443 217.56
10 2,270 252.22
11 15,777 63.10
12 2,823 313.66
15 5,008 122.14
16 5,039 91.62
17 16,075 80.38
22 50,552 58.58
24 -O- N/A
25 7,202 480.14
26 60,324 641.74
27 5,796 186.96
28 8,471 529.44
29 6,526 106.98
31 4,878 93.80
32 9.204 45.92**
Total $ 236,622 $
* See Cost Detail herein for breakdown
** Plus 8.76 per front foot
-2-
- ------~--""------_.~--
And I do hereby assess and apportion said portion of the estimated cost of the improvements, including
the maintenance and servicing thereof and the costs and expenses incidental thereto, upon the several lots
or parcels of land liable therefor and benefited thereby, and hereinafter numbered to correspond with
the numbers upon the attached diagram, upon each, severally and respectively, in proportion to the
benefits to be received by such property, respectively, from the construction and installation of the
improvements, and from the maintenance and servicing thereof, and more particularly set forth in the
Assessment Roll hereto attached and by this reference made a part hereof.
As required by said Act, a diagram is hereto attached showing the assessment district, and also the
boundaries and dimensions of the respective lots or parcels of land within said assessment district, as the
same existed at the time of the passage of said Resolution No. 06-00_. The diagram and assessment
numbers appearing in the Assessment Roll herein under the column headed "A.P.N." are the diagram
numbers appearing on said diagram, to which reference is hereby made for a more particular description
of said property.
I hereby place in the Assessment Roll, opposite the number of each lot or parcel of land assessed, the
amount assessed thereon. Each lot or parcel of land is described in said Assessment Roll by reference to
its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Year 2006-
2007, and includes all of such parcel.
Respectfully submitted,
Dated:
s/zs-
,
,2006
./;' " ..i"';,,-, ~_
IS,' '\.\ /'6W!;R,lteindel, RCE 13319
!,/d?~>/ /' "/,,~:'J';\,,<:..\~ngineer of Work
: ,. ,~; ,i -) ,'\~':. \ '~:~~',"\
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~-..,;,:.:.~~~:,~-;".." ,.....
-3-
RULES FOR SPREADING ASSESSMENT
The amounts to be assessed against the assessable lots or parcels of land to pay the estimated cost of the
improvements, including the maintenance and servicing thereof and the costs and expenses incidental
thereto, shall be based upon the estimated benefits to be derived by the various lots or parcels of land
within the assessment district.
The assessment for administrative costs shall be spread equally to all of the lots or parcels of land located
in the assessment district.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zones I
through 7B, 9 through 12, 15 through 17,22,25 through 29, and 31, as described in Resolution No. 06-
00 , shall be spread equally to all of the lots or parcels of land located within each said respective
zone of the assessment district.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zone 24, as
described in Resolution No. 06-00 , shall be spread as follows:
Costs related to street lights and street trees shall be spread to all the lots or parcels of land located within
said zone, proportional to usable parcel area.
Costs related to the Village Parking District (VPD) parking lots shall be spread to all the lots or parcels of
land in commercial use located within said zone, proportional to the number of parking spaces existing in
the VPD parking lots that are assigned to each parcel within said zone, rounded to the nearest one tenth
(0.1) of a parking space. Spaces shall be assigned by adding the total number of spaces in the VPD
parking lots and the total private spaces existing on assessable parcels, distributing this sum
proportionally by weighted building area, and deducting the number of private spaces, if any, from the
resulting number for each parcel. Weighted building area shall be defined as actual building area
multiplied by a factor dependent on parcel use, as follows: Retail = 1.0; office/service = 0.5; restaurant =
2.0.
The assessment for cost of improvements, including the maintenance and servicing thereof, in Zone 32, as
described in Resolution No. 06- , shall be spread proportionally to the frontage on Saratoga-Sunnyvale
Road of each of the lots or parcels of land located and benefited within Zone 32.
Zones 0, 8, 13, 14, 18 through 21, 23, and 30 have been either detached or merged with other zones. A
portion of Zone 4 was redesignated Zone 26 in 1997.
Notwithstanding the above, the assessment levied for Fiscal Year 1999-2000 for each parcel in Zones 2,
3, 6, I I, 16,22, 25, 26, and 29 shall not exceed the amount indicated in Table I attached hereto, the
assessment levied for Fiscal Year 2000-2001 for each parcel in Zones I, 9, 12, 17, 27, 28, and 3 I shall not
exceed the amount indicated in Table 2 attached hereto, and the assessment levied for Fiscal Year 2004-
2005 for each parcel in Zone 32 shall not exceed the amount indicated in Table 3 attached hereto. In
subsequent years, the maximum assessment for each parcel shall be the amount calculated by multiplying
its maximum assessment for the previous year by 1.05.
-4-
TABLE 1 - MAXIMUM ASSESSMENTS
ZONE
FISCAL YEAR
1999-2000
FISCAL YEAR
2006-2007
2
3
6
11
16
22
25
26
29
$ 52.50
$ 63.00
$ 78.75
$ 52.50
$ 94.50
$ 52.50
$341.25
$498.75
$100.00
$ 73.88
$ 88.65
$110.81
$ 73.88
$132.97
$ 73.88
$480.18
$701.79
$140.71
TABLE 2 - MAXIMUM ASSESSMENTS
ZONE
FISCAL YEAR
2000-2001
FISCAL YEAR
2006-2007
1
9
12
17
27
28
31
$ 75.00
$180.00
$275.00
$ 60.00
$150.00
$400.00
$ 70.00
$100.51
$241.22
$368.53
$ 80.41
$201.01
$536.04
$ 93.81
TABLE 3 - MAXIMUM ASSESSMENTS - ZONE 32
A.P.N.
FISCAL YEAR
2004-2005
FISCAL YEAR
2006-2007
366-12-054
366-12-065
366-12-066
366-22-023
386-30-035
386-30-036
386-30-037
386-30-038
386-30-039
386-52-032
386-52-033
$ 1,052.16
$ 1,125.66
$ 1,511.48
$ 1,410.44
$ 1,015.42
$ 41.66
$ 500.98
$ 500.98
$ 960.30
$ 730.64
$ 730.64
$ 1,160.01
$ 1,241.04
$ 1,666.40
$ 1,555.01
$ 1,119.50
$ 45.93
$ 552.33
$ 552.33
$ 1,058.74
$ 805.53
$ 805.53
-5-
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or servicing, or both, thereof, of
landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other
ornamental structures and facilities, and public lighting facilities for the lighting of any public places,
including traffic signals, ornamental standards, Iwninaires, poles, supports, tunnels, manholes, vaults,
conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts,
switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances,
including the cost of repair, removal or replacement of all or any part thereof; providing for the life,
growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing
and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric
current or energy, gas or other iIlwninating agent for any public lighting facilities or for the lighting or
operation of any other improvements; and the operation of any fountains or the maintenance of any other
improvements.
This work specially benefits the parcels assessed therefor since I) the work is adjacent to the
neighborhoods within which said parcels are located, and results in a) helping to identity, distinguish and
enhance these neighborhoods, including the entrances thereto; b) helping to improve the quality of life in
these neighborhoods by reducing the potential for graffiti, eliminating dust and litter, providing sound
attenuation, eliminating the potential for blight, and providing added security and safety through lighting
and an added City presence; and 2) in the absence of this assessment district, the work and improvements
would not be otherwise accomplished by the City.
Benefits Provided within Each Zone:
Zone I
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Zone 7
Zone 9
(Manor Drive Landscape District) - Provides for landscape maintenance of the Manor
Drive median and Saratoga-Sunnyvale Road frontage along Tract 3822.
(Fredericksburg Landscape District) - Provides for landscape maintenance along the Cox
Avenue frontage of Tracts 3777, 4041 and 4042.
(Greenbriar Landscape District) - Provides for landscape maintenance of the Seagull Way
entrance to Tracts 4628, 4725 and 4726, and of the common areas along Goleta Avenue
and Guava Court.
(Quito Lighting District) - Provides for streetlighting and landscape maintenance in the EI
Quito Park residential neighborhood: Tracts 669, 708, 748, 6785, 7833, and 8700.
(Azule Lighting District) - Provides for streetlighting in the Azule Crossing residential
neighborhoods: Tracts 184,485,787, 1111, and 1800.
(Sarahills Lighting District) - Provides for streetlighting III the Sarahills residential
neighborhood: Tracts 3392 and 3439.
(Village Lighting District) - Provides for streetlighting in four separate residential
neighborhoods surrounding Saratoga Village, and in Saratoga Village. Includes all or a
portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2,
McCartysville, Saratoga Park, Williams, and Tracts 270, 336, 416, 2399, 2502, 4477,
5350,5377,5503,5676,6419, and 6731, and Saratoga Village.
(McCartysville Landscape District) - Provides for Landscape maintenance along the
Saratoga-Sunnyvale Road frontage of Tract 5944.
-6-
Zone 10
Zone II
Zone 12
Zone 15
Zone 16
Zone 17
Zone 22
Zone 24
Zone 25
Zone 26
Zone 27
Zone 28
Zone 29
Zone 31
Zone 32
(Tricia Woods Landscape District) - Provides for landscape maintenance along the
Saratoga-Sunnyvale Road frontage of Tract 7495. (Maintenance and water shared with
Zone 27).
(Arroyo de Saratoga Landscape District) - Provides for landscape maintenance of the Via
Monte entrances to all or a portion of Tracts 2694, 2835, 3036, and 4344.
(Leutar Court Landscape District) - Provides for landscape maintenance of the Leutar
Court frontage in Tract 6996.
(Bonnet Way Landscape District) - Provides for monthly landscape maintenance along
Bonnet Way: Tract 5462.
(Beauchamps Landscape District) - Provides for landscaping and lighting of the Prospect
Road entrance to the Beauchamps subdivision: Tract 7763.
(Sunland Park Landscape District) - Provides for landscape maintenance along the Quito
Road frontage of Tracts 976 and 977.
(Prides Crossing Landscape District) - Provides for periodic landscape maintenance
along Prospect Road between the Route 85 overcrossing and Titus A venue, and along
Cox Avenue between the Route 85 overcrossing and Saratoga Creek. Includes all properties
bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the
Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938, and 1996).
(Village Commercial Landscape District) - Provides for routine maintenance of Village
Parking Districts 1-4 and Big Basin Way landscaping.
(Saratoga Legends Landscape District) - Provides for landscape maintenance along the
Saratoga-Sunnyvale Road frontage of, and pedestrian pathways within, Tract 8896.
(Bellgrove Landscape and Lighting District) - Provides for common area landscape
maintenance and lighting associated with Tract 8700.
(Cunningham Place/Glasgow Court Landscape District) - Provides for landscape
maintenance along the Saratoga-Sunnyvale Road frontage of Tracts 6199 and 7928.
(Maintenance and water shared with Zone 10).
(Kerwin Ranch Landscape District) - Provides for landscape maintenance along the
Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560.
(Tollgate Landscape and Lighting District) - Provides for maintenance of the common area
landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946
and 5001.
(Horseshoe Drive Landscape and Lighting District) - Provides for landscape maintenance
along the Saratoga-Los Gatos Road frontage of Tract 247.
(Gateway Landscape and Lighting District) - Provides for maintenance of frontage
landscaping along Saratoga-Sunnyvale Road between Prospect Road and the Union Pacific
railroad tracks.
-7-
COST DETAIL
Zone Number 2 3 4 5
Administration $ 274 $ 802 $ 1,662 $ 6,542 $ 1,133
Operations
Wages $ 708 2,075 4,297
Workers Compo 80 234 484 422 73
Repairs 500 3,500
Maintenance 1,920 1,855 5,160
Water 392 276 604
Electric 13.743 3.301
$ 3,600 $ 4,440 $ 14,045 $ 14,165 $ 3,374
Indirect Costs $ 588 $ 797 $ 2,385 $ 3,174 $ 711
County Fees $ -.1Z $ -ZQ $ 187 $ ---.m. $ 242
Total Costs $ 4,509 $6,109 $ 18,279 $ 24,372 $ 5,460
Carryover 630 (113,030) (84,590)
Property Tax (3 .200) (700) (4.800) (48.100) (23.700)
Net cost $ 1,309 $ 6,039 $13,479 $(136,758) $(102,830)
C'over not recov.
C'over not reimb. 136.758 102.830
Net assess. $ 1,039 $ 6,039 $ 13,479 $ -0- $ -0-
No. of Parcels 29 85 176 693 120
Assmt.lPcI. $ 45.14 $ 71.04 $ 76.58 $ -0- $ -0-
-8-
~---_.,---
COST DETAIL
Zone Number 6 7A 7B 9 10
Administration $ 604 $ 4,569 $ 2,776 $ 453 $ 85
Operations
Wages $ $ 8,770 $ $ 1,172 $ 220
Workers Camp. 39 1,064 179 132 25
Repairs 3,000 400
Maintenance 2,580 900
Water 467 1,435 299
Electric 3,537 36.914 ~ ---.n
$ 4,043 $ 46,748 $ 179 $ 8,518 $ 1,866
Indirect Costs $ 705 $ 7,757 $ 464 $ 1,362 $ 296
County Fees $ ~ $ 399 $ 156 $ ---DQ $ -----11
Total Costs $ 5,407 $ 59,473 $ 3,575 $ 10,443 $ 2,270
Carryover (63,541) 1,149
Property Tax (39.100) (15.300)
Net cost $ 5,407 $(43,168) $(10,576) $ 10,443 $ 2,270
Cover not recov.
Cover not reimb. 43.168 10.576
Net assess. $ 5,407 $ -0- $ -0- $ 10,443 $ 2,270
No. of Parcels 64 484 294 48 9
Assmt.lPcl. $ 84.48 $ -0- $ -0- $217.56 $252.22
-9-
COST DETAIL
Zone Number II 12 15 16 17
Administration $ 2,360 $ 85 $ 387 $ 519 $ 1,888
Operations
Wages $ 6,104 $ 220 $ 1,001 $ 1,343 $ 4,883
Workers Compo 688 25 113 151 550
Repairs 3,000 700 500 175
Maintenance 1,020 1,020 1,530 1,020 2,720
Water 385 376 700 299 1,600
Electric 498
$ 11,197 $ 2,341 $ 3,344 $ 3,811 $ 9,928
Indirect Costs $ 2,058 $ 368 $ 568 $ 657 $ 1,798
County Fees $ -ill $-12 $ --.21 $ ---2 $ --lM
Total Costs $15,777 $ 2,823 $ 4,352 $ 5,039 $13,778
Carryover 656 2,297
Property Tax
Net cost $ 15,777 $ 2,823 $ 5,008 $ 5,039 $ 16,075
C'over not recov.
C'over not reimb.
Net assess. $ 15,777 $ 2,823 $ 5,008 $ 5,039 $ 16,075
No. of Parcels 250 9 41 55 200
Assmt.!Pcl. $ 63.10 $313.66 $ 122.14 $ 91.62 $ 80.38
-10-
COST DETAIL
Zone Number 22 24 25 26 27
Administration $ 8,147 $ 1,227 $ 142 $ 887 $ 293
Operations
Wages $ 21,069 $ 11,944 $ 366 $ 2,295 $ 757
Workers Compo 2,374 1,127 41 259 85
Repairs 5,000 6,300 5,500 1,000
Maintenance 5,400 1,464 23,820 1,740
Water 772 4,400 2,445 13,269 1,029
Electric 682 362 2.329 --..Il
$ 35,297 $ 23,771 $ 4,678 $ 47,472 $ 4,688
Indirect Costs $ 6,597 $ 3,797 $ 734 $ 7,347 $ 756
County Fees $ 518 $ 284 $ 73 $ 618 $ --2.2
Total Costs $ 50,559 $ 29,079 $ 5,627 $ 56,324 $ 5,796
Carryover (7) (1,31 I) 1,896 4,000
Property Tax (27,800)
Net cost $ 50,552 $ (32) $ 7,523 $ 60,324 $ 5,796
C'over not recov. (321)
C'over not reimb. 32
Net assess. $ 50,552 -0- 7,202 60,324 $ 5,796
No. of Parcels 863 130 15 94 31
Assmt.lPcl. $ 58.58 $ -0- $ 480.14 $641.74 $ 186.96
-11-
COST DETAIL
Zone Number 28 29 31 32
Administration $ 151 $ 576 $ 491 $ 104
Operations
Wages $ 391 $ 1,489 $ 1,269 269
Workers Compo 44 168 143 30
Repairs 1,500 1,500 300
Maintenance 4,080 1,080 720 6,000
Water 1,050 368 1,373 1,995
Electric --.M 427 105
$ 7,129 $ 5,032 $ 3,505 $ 8,699
Indirect Costs $ 1,105 $ 851 $ 607 $ 1,337
County Fees $ -M $ --E.. $-iQ $ ~
Total Costs $ 8,471 $ 6,526 $ 4,653 $ 10,248
Carryover 493 297
Property Tax
Net cost $ 8,471 $ 6,526 $ 5,146 $ 10,545
C'over not recov. (268) ( )
C'over not reimb.
Net assess. $ 8,471 $ 6,526 $ 4,878 $ 10,545
No. of Parcels
16
61
52
II
No. of Front Feet
993
Assmt.lPcl.
$ 529.44
$ 106.98
$ 93.80
$ 45.92
Assmt.lfront foot
$ 8.76
-12-
SARATOGA CITY COUNCIL
MEETING DATE:
June 7, 2006
AGENDA ITEM:
19
~
PREPARED BY:
John F. Livingstone
CITY MANAGER:
ORIGINATING DEPT: Community Development
John F. ivin
SUBJECT: Initiate Annexation of two County Islands under the Expedited Annexation
Program
RECOMMENDED ACTION:
Approve the attached Resolution Initiating the Annexation of the 104 acre Prospect Road Area
and the 20 acre Hidden Hill Road Area.
REPORT SUMMARY:
In order to encourage cities to annex urban unincorporated islands, the State of California has
created a streamlined process that does not require protest or election requirements. This process
is only available to January 1, 2007. To further encourage annexation the County of Santa Clara
Board of Supervisors has agreed to subsidize the costs of the survey mapping, Board of
Equalizations Fees, and provide street improvements.
On September 7,2005 the City Council reviewed a staff report requesting their guidance on the
expedited annexation process being encouraged by the Local Agency Formation Commission
(LAFCO). At the September meeting the Council asked that staff prepare a Geotechnical
evaluation for two sites meeting the requirements for expedited annexation.
On February 15, 2006, the City Council reviewed the geotechnical information prepared by the
City's Geotechnical consultant Cotton, Shires & Associates, for the Prospect Road area and the
Hidden Hill area. The Council asked that the item be brought back to the Council in April and
that affected property owners be notified of the meeting. At the AprilS, 2006 meeting, the
Council heard public testimony and directed staff to return to Council with a resolution that
would initiate the annexation process if approved by Council.
The attached resolution would formally initiate the annexation process. If approved by the City
Council, staff would proceed to prepare various materials that must be considered by the City
Council before final approval ofthe annexation. This information would be assembled over the
summer and presented to Council in the fall. At that time the City Council would decide whether
to proceed with the annexation.
The following summarizes the information that must be prepared before a final decision:
A. Service Plan. In accordance with standard annexation practice, staff will prepare
a brief service plan for the area to be annexed. The plan will include the
following components:
I. A description of the land to be annexed (The boundaries of the two islands
proposed for annexation are shown in Attachment A to the proposed
resolution);
11. A list of the organizational changes proposed (In this case, the change of
organization is including the islands with in the City limits and making the
City, rather than the County, responsible for providing local government
services. Services provided by special districts [e.g., fire, water, sewer]
would not be affected. );
Ill. The reasons for the proposal (E.g, more efficient provision of government
services);
IV. A listing and description of the services to be provided to the annexed
lands together with a discussion of the level and range of services to be
offered (The City would assume maintenance responsibility for all public
roads and other County rights-ol-way in the annexation areas and would
be responsible for providing zoning and planning oversight as well as
code enforcement in the affected area);
v. An indication of when the services listed can feasibly be extended to the
annexed lands; (Staff is not aware of any limitations in this regard.)
vi. An indication of any improvement or upgrading of structures, roads, sewer
or water facilities, or other conditions that the City would impose or
require on the annexed lands; (The City will ask the County of Santa Clara
to bring all proposed annexed roads up to the pavement Condition Index
(PCl) level of 70% and will present an agreement to this effect at the time
the annexation is proposed.)
VII. Information on how the services to be provided would be financed. (Costs
are expected to be minimal in light of the County's agreement to improve
the condition of public roadways in the annexation areas.)
B. Findings. The City will be required to make the following findings at the time
the annexation is approved. Each finding is followed by a brief description of
Staffs initial review.
I. The unincorporated territory is within the urban service area of the city as
adopted by LAFCO. Staff has confirmed that this is the case for the
affected properties.
ii. The county surveyor has determined the boundaries of the proposal to be
definite and certain, and in compliance with LAFCO's road annexation
policies. The County Surveyor is preparing the map for the proposed
annexation and LAFCO has indicated that the boundaries conform to the
applicable policies.
Ill. The proposal does not split lines of assessment or ownership. Staffwill
work with the County of Santa Clara to confirm that this is not the case for
the affected area.
2
iii. The proposal does not create islands or areas in which it would be difficult
to provide municipal services. The purpose of the proposed annexation is
to eliminate existing county islands as identified by LAFCo. Staff has
reviewed the geography of the proposed annexation and concluded that it
would not create an island or present difficulties in providing municipal
services since the majority of services will remain the same.
IV. The proposal is consistent with the adopted General Plan of the City. The
General Plan land use designation for the lands to be annexed is RHC
(Residential Hillside Conservation). This is consistent with the existing
use of the property. The land has been prezoned Hillside Residential
which is consistent with the General Plan designation and the surrounding
zoning. The General Plan provides that lands in the hillsides should be
considered for annexation if they meet the following General Plan
Policies:
LU.1.0
Lands shall not be annexed to Saratoga unless they are contiguous to the
existing City Limits and it is determined by the City that public services
can be provided without unrecoverable cost to the City and dilution of
services to existing residents.
LlJ.l.l (Inrrp)
Annexation proposals shall be carefully studied to determine their
economic and urban service impacts to the City.
The proposal is consistent with the City General Plan because the
properties will remain single family uses which is consistent with purpose
of the Hillside Residential zoning designation. The property is already
served by utilities. The roads will be brought up to City standards prior to
being annexed into the City of Saratoga.
FISCAL IMPACTS:
The annexation will require planning stafftirne, noticing, the City Surveyor, City Attorney,
Public Works, and the City Geologist's time. The Community Development Department is a self
funded department, thus any projects that are similar to this proposed project that cannot be
billed to an applicant and will reduce the Department's budget. Costs associated with
maintenance of the public infrastructure are harder to estimate due to the risks associated with
unstable geologies. The County is currently offering to cover the mapping costs upon completion
of the annexation process which would significantly reduce the costs of the City Surveyor. The
county is also offering to bring the roads up to a PCI level of 70%.
3
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
As the County Island areas are developed the City will have limited input as to the design of the
homes. Currently the County does not have a floor area limit and has a maximum height 000
feet.
ALTERNATIVE ACTION:
Deny the proposed resolution initiating annexation and provide Staff with direction.
FOLLOW UP ACTION:
At the direction of Council, Staff will proceed with the Annexation Approval procedure. This
will involve further notice to the public and coming back to the Council with the final map,
reports described above, and an agreement with the County regarding road maintenance.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The agenda for this meeting was properly posted. In addition landowners within each proposed
annexation area and within a radius of 500 feet around each area were mailed notices on May 18,
2006.
ATTACHMENTS:
1. Resolution approving Initiation of the Annexation (including maps)
2. Noticing labels and map
4
.,- ------.- '-'~-----""---'~--,~-
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA INITIATING ANNEXATION OF THE 104
ACRE PROSPECT ROAD AREA AND THE 20 ACRE
HIDDEN HILL ROAD AREA
WHEREAS, the City Council is considering the annexation of the 104 acre Prospect
Road Area and the 20 acre Hidden Hill Road Area (collectively, the "territory"), the locations of
which are contiguous to the City of Saratoga and shown on Attachment A to this resolution; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the annexation; and
WHEREAS, the territory to be annexed is in the City of Saratoga's Urban Service Area
and Sphere of Influence, has a General Plan land use designation of Residential Hillside
Conservation and is prezoned as Hillside Residential; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby:
Initiates annexation proceedings and declares that it will consider annexation of the territory to
the City at a public hearing to accept public testimony regarding the proposed annexation.
The above Resolution was passed and adopted at a regular meeting of the City Council of the
City of Saratoga held on the 7th day of June 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
Attachment I
RESOLUTION NO. 06-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA INITIATING ANNEXATION OF THE 104
ACRE PROSPECT ROAD AREA AND THE 20 ACRE
HIDDEN HILL ROAD AREA
WHEREAS, the City Council is considering the armexation of the 104 acre Prospect
Road Area and the 20 acre Hidden Hill Road Area (collectively, the "territory"), the locations of
which are contiguous to the City of Saratoga and shown on Attachment A to this resolution; and
WHEREAS, as provided in Government Code Section 56757, the City Council of the
City of Saratoga is the conducting authority for the armexation; and
WHEREAS, the territory to be armexed is in the City of Saratoga's Urban Service Area
and Sphere of Influence, has a General Plan land use designation of Residential Hillside
Conservation and is prezoned as Hillside Residential; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
hereby:
Initiates armexation proceedings and declares that it will consider armexation of the territory to
the City at a public hearing to accept public testimony regarding the proposed armexation.
The above Resolution was passed and adopted at a regular meeting of the City Council of the
City of Saratoga held on the 7th day of June 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Norman Kline, Mayor
ATTEST:
Cathleen Boyer, City Clerk
~ .
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Attachment 2
resslDn antlbourrage et a sechage rapide
lsez Ie gabarit 51608
ntral Fire Protection District
. 'hae1 E. Rock
. .,00 Winchester Blvd
Los Gatos Ca 95032-1818
South Santa Clara County Fire
:>rotection District
Chief Robert Van Wormer
i 5670 Monterey Road
Morgan Hill CA 95037
Cupertino Sanitary District
Carl Beckman, Administrator
20065 Stevens Creek Blvd. Bldg C
Cupertino Ca 95014
West Valley Sanitation District
Robert Reid
100 E Sunnyoaks Ave
Campbell Ca 95008
Pacheco Storm Drainage &
t:1aintenance District
,- -u-y Gonzalez
~6 Lovers Lane
Hollister Ca 95023
Santa Clara Valley Water District
Chris C. Elias
5750 Almaden Expressway
San Jose Ca 95118-3614
Mid Pen Regional Open Space
District
L. Craig Britton
330 Distel Circle
Los Altos Ca 94022
Lion's Gate Community Services
-:)istrict
'" oseph Polveria
350 2nd Street No.5
Los Altos Ca 94022
SCC Vector Control
Tim Mulligan
976 Lenzen Avenue
Jose Ca 95126
Saratoga Cemetery District
Gary Reed
14766 Oak Street
Saratoga Ca 95070
-
www.avery.com
1-8OO-Go-AVERY
Los Altos Hills County Fire District
Berin Fank, President
PO Box 1766
Los Altos, Ca 94023-1766
-
Burbank Sanitary District
Kim Kuebler, District Secretary
97 Boston Ave Suite 103
San Jose Ca 95128-1911
Sunol Sanitary District
David Pasquinelli
PO Box 552
Aromas Ca 95004
Aldercroft Heights County Water
District
Elaine Phillips
PO Box 66349
Scotts Valley Ca 95067
Purissima Hills County Water
District
Patrick Wagner
26375 Fremont Road
Los Altos Ca 95022
Guadalupe Coyote Resource
Conservation District
Gary Molle - Room 204
888 N I st Street
San Jose Ca 95124
SCC Open Space Authority
Lloyd Wagstaff
6146 Camino Verde Drive Suite P
San Jose Ca 95119-1460
County Service Area # I
Gay Strand
1095 N 1 st Street
San Jose Ca 95112
SCC Lighting Service Area
Bob Van Etten
101 Skyport Drive
San Jose Ca 95110
South SC Valley Memorial District
Tom Yamano
74 West 6th Street
Gilroy Ca 95020
~ AVERV~ 5160.
Saratoga Fire Protection District
Chief Gordon Duncan
14380 Saratoga Avenue
Saratoga Ca 95070
County Sanitation District No. 2-3
Sid Nash, District Admin.
90 Archer Street
San Jose Ca 95112
West Bay Sanitary District
Tim Clayton
500 Laurel Street
Menlo Park Ca 94025
Pacheco Pass Water District
Patricis Richardson
PO Box 1382
Hollister Ca 95024
San Martin County Water
Peter Forest
PO Box 120
San martin Ca 95046
Lorna Prieta Resource Conservation
District
Emily Baird
8010 Wayland Lane Suite ID
Gilroy Ca 95020
Lake Canyon Community Services
District
Chuck Wilson
PO Box 866
Los Gatos Ca 95033
Rancho Riconada Recreation And
Park District
Levita Weaver
1800 Cheimsford Drive
Cupertino Ca 95014
SC Valley Transportation Authority
Pete Cipolla
3331 N 1st Street
San Jose Ca 95134
EI Camino Hospital District
Matt Harris
2500 Grant Road, MIS OAK 209
Mountain View Ca 94040
~pre!Sion antibourrage et II sechage rapide
r~i1isez l'e gabarit 5160e
-
-
www.avery.com
1-8OO-GQ.AVERY
Town of Los Gatos
PO Box 949
,Los Gatos Ca 95031
City of Monte Sereno
18041 Saratoga-Los Gatos Road
Monte Sereno Ca 95032-4210
~ ..
Saratoga Union School District
20460 Forest Hills Drive
Saratoga CA 95070
West Valley Community College
14000 Fruitvale Avenue
Saratoga CA 95070
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\j\ AVERVe 51&oe.
City of Campbell
70 N 15t Street
Campbell Ca 95008-1436
.......
Los Gatos-Saratoga High School
District
17421 Farley Road west
Los Gatos CA 95030
Impression antibourrage et II sechage rapide
. IJtilisez.le gabarit 51&08
l\lA WLA SHAMIL A AND CAROL C
TRUSTEE OR CURRENT OWNER
-,01 VISTA ARROYO CT
KATOGA CA 95070-6547
APN #36648025
GOEL AJIT AND RANJAN TRUSTEE
OR CURRENT OWNER
12467 PARKER RANCH RD
SARATOGA CA 95070-6538
APN #36649006
ABELAR PHILLIP J AND KA YLA R
TRUSTEE OR CURRENT OWNER
21299 MARIA LN
SARATOGA CA 95070-6532
APN #36621006
PARKER RANCH HOMEOWNERS
ASSOC OR CURRENT OWNER
:'0 BOX 3077
SARATOGA CA 95070-1077
;'-PN #3664400]
WILLS RICHARD AND DONNA
TRUSTEE OR CURRENT OWNER
12091 PARKER RANCH RD
">\RATOGA CA 95070-6534
N #36643020
KAMIL HASAN AND HASAN TALAT
TRUSTEE OR CURRENT OWNER
12182 PARKER RANCH RD
SARATOGA CA 95070-6535
APN #36643021
."?J3ENSTEIN MARTIN R AND
:"FEVENS JUDITH OR CURRENT
~WNER
'.'S MARKET ST UNIT 16TH FL
?AN JOSE CA 95113
" PN #36629025
GOU PERNG FEI AND BINNIE C
TRUSTEE OR CURRENT OWNER
12609 STAR RIDGE CT
SARATOGA CA 95070-6510
APN #36649002
SEVEN SPRINGS RANCH LLC OR
CURRENT OWNER
11801 DOROTHY ANNEWY
CUPERTINO CA 95014-5258
A PN #36609043
,,"U TSUNG-CHING AND CHEN YUH-
~'-ING OR CURRENT OWNER
IO'!61 PARKERRANCHRD
,'^ RATOGA CA 95070-6536
:nN #36643007
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1-80().6o-AVERY
CHO Kl SU AND YONG CHO TRUSTEE
OR CURRENT OWNER
2130 TRADE ZONE BL
SAN JOSE CA 95131
APN #36648006
-
GOTIIMUKKALA KlSHORE B AND
V ANI OR CURRENT OWNER
12496 PARKER RANCH CT
SARATOGA CA 95070
APN #36648001
FARAJOHNW ANDCAROLJ
TRUSTEE OR CURRENT OWNER
12385 PARKER RANCH RD
SARATOGA CA 95070-6538
APN #36648023
GAMBILL HAROLD AND LORETIA E
TRUSTEE OR CURRENT OWNER
12245 ARROYO VISTA CT
SARATOGA CA 95070
APN #36648005
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
330 DISTEL CL
LOS ALTOS CA 94022
APN #36608006
PENINSULA RECREATION INC
C/O SARATOGA COUNTRY CLUB
PO BOX 2759
SARATOGA CA 95070-0759
APN #36629007
EDWARDS JOHN D AND LYNN M
TRUSTEE OR CURRENT OWNER
12217 VISTA ARROYO CT
SARATOGA CA 95070-6547
APN #36648004
EAST PAMELA M TRUSTEE & ET AL
OR CURRENT OWNER
12147 PARKER RANCH RD
SARATOGA CA 95070-6536
APN #36643006
VASQUEZ ELEUTERIO AND MARY C
TRUSTEE OR CURRENT OWNER
21290 BLUE HILLS LN
SARATOGA CA 95070-6521
APN #36606004
VLAHOPOULI0TIS BOB AND
KATERINA OR CURRENT OWNER
21166 MARIA LN
SARATOGA CA 95070-6532
APN #36621015
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~ AVERV~ 5160"
MCCURDY DUDLEY P AND JANE S
TRUSTEE OR CURRENT OWNER
21284 MARIA LN
SARATOGA CA 95070-6532
APN #36621010
KOELTL RICHARD J AND MAUREEN F
OR CURRENT OWNER
21150 MARIA LN
SARATOGA CA 95070-6532
APN #36621016
SARASW AT KRISHNA C AND SONIA
OR CURRENT OWNER
12356 PARKER RANCH RD
SARATOGA CA 95070-6537
APN #36648003
CLARK NOBUKO TRUSTEE OR
CURRENT OWNER
12189 PARKER RANCH RD
SARATOGA CA 95070
APN #36643008
LIU YUH-YUN M TRUSTEE OR
CURRENT OWNER
]2497 PARKER RANCH CT
SARATOGA CA 95070-6502
APN #36649043
SARATOGA COUNTRY CLUB INC OR
CURRENT OWNER
21990 PROSPECT RD
SARATOGA CA 95070-6541
APN #36629009
YAU CHAD C AND WENLI Y TRUSTEE
OR CURRENT OWNER
12637 STAR RIDGE CT
SARATOGA CA 95070-6510
APN #36649001
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT OR CURRENT
OWNER
330 DISTEL CL
LOS ALTOS CA 94022
APN #36607012
AGARWAL RAMESH C AND SHASHI
OR CURRENT OWNER
21277 MARIA LN
SARATOGA CA 95070-6532
APN #36621005
SAN JOSE WATER WORKS
C/O ACCOUNTING DEPT.
374 W SANTA CLARA ST
SAN JOSE CA 95113-1502
APN #36629011
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~:Htilisez Ie gabarit 516(18 - 1-8OO-Go-AVERY
G~{EN MU- YUAN TRUSTEE OR WIENKOOP GLENN R AND PAULA OR
r;URRENT OWNER CURRENT OWNER
:1.601 STARRIDGECT 21178MARIALN
~}ARATOGA CA 95070-6510 SARATOGA CA 95070-6532
APN #36649045 APN #36621014
DEVINE DAVIDA TRUSTEE & ET AL
OR CURRENT OWNER
22451 PROSPECT RD
SARATOGA CA 95070-6544
APN #36607013
HEINDEL JOHN H TRUSTEE OR
CURRENT OWNER
12468 PARKER RANCH CT
:~ARA TOGA CA 95070-6501
/PN #36648002
~"\~mREWS CHARLES W AND CAROL
'7*OR CURRENT OWNER
';i239 MARIA LN
l.1AkATOGA CA 95070-6532
APN #36621004
MARIA LANE MUTUAL WATER CO
CIO RICHARD LEE OR CURRENT
OWNER
21151 MARIA LN
SARATOGA CA 95070-6532
APN#36621O]7
SEVEN SPRINGS RANCH LLC OR
CURRENT OWNER
1!80] DOROTHY ANNE WY
~.uPERTINO CA 950]4-5258
PT'N #36608005
"ON RONALD S AND LESLIE J OR
"''''lRRENT OWNER
;~357 PARKERRANCHRD
SARATOGA CA 95070-6538
APN #36648024
ANDERSON DAVID R AND CHRISTINE
A OR CURRENT OWNER
21348 MARIA LN
SARATOGA CA 95070-6532
APN #36621009
COCHRANE PAMELA L TRUSTEE OR
CURRENT OWNER
"'975 ARROWHEAD LN
,,\ ~ATOGA CA 95070-6551
"'cN #36606047
+'''DGE RALPH C OR CURRENT
"'''!NER
h!OO ROLLING HILLS RD
SARATOGA CA 95070
APN#36631003
BERGERON DOUGLAS G AND
SANDRA E TRUSTEE OR CURRENT
OWNER
1244] PARKER RANCH RD
SARATOGA CA 95070-6538
APN #36648021
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
330 DISTEL CL
LOS ALTOS CA 94022
APN #36609029
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT
330 DISTEL CL
LOS ALTOS CA 94022
APN #36629020
MURANO KATSUYOSHI AND ANN F
OR CURRENT OWNER
12413 PARKER RANCH RD
SARATOGA CA 95070-6538
APN #36648022
CHEN HOOVER J AND MELINDA N
TRUSTEE OR CURRENT OWNER
21396 MARIA LN
SARATOGA CA 95070-6532
APN #36621008
TANDON PANKAJ AND SEEMA OR
CURRENT OWNER
21192MARIALN
SARATOGA CA 95070-6532
APN #36621013
TAN THIAN HOO AND CHAI LAN
TRUSTEE OR CURRENT OWNER
21925 ARROWHEAD LN
CUPERTINO CA 95014
APN#36606016
HUANG CHIEN YUN OR CURRENT
OWNER
21550 ARROWHEAD LN
SARATOGA CA 95070-6550
APN #36606030
LESTER WILLIAM W III OR CURRENT
OWNER
22265 ROLLING HILLS RD
SARATOGA CA 95070-6559
APN #36607014
~ AVERYCIl> 5160..
BALAKRISHNAN BALU AND MOHINI
OR CURRENT OWNER
13917 ALBAR CT
SARATOGA CA 95070-97]8
APN #36621007
.CHANG JIA-HW ANG AND WANG LIN
OR CURRENT OWNER
21200 MARIA LN
SARATOGA CA 95070-6532
APN #36621012
STEPNER DAVID AND JUDIE
TRUSTEE OR CURRENT OWNER
12553 PARKER RANCH CT
SARATOGA CA 95070-6502
APN #36649044
ANDERSON CHARLES L AND
V ACHASA OR CURRENT OWNER
21240 MARIA LN
SARATOGA CA 95070-6532
APN #36621011
NELSON JEROME R AND A TSUKO T
TRUSTEE OR CURRENT OWNER
21350 BLUE HILLS LN
SARATOGA CA 95070-6521
APN #36606026
KHAN IMDAD HAND SITARA A
TRUSTEE OR CURRENT OWNER
21169 MARIA LN
SARATOGA CA 95070-6532
APN #36621003
LEE RICHARD E AND PAULINE
TRUSTEE & ET AL OR CURRENT
OWNER
21151 MARIALN
SARATOGA CA 95070-6532
APN #36621002
SNOW FRANKLIN D AND DIANE T
TRUSTEE OR CURRENT OWNER
22101 ROLLING HILLS RD
SARATOGA CA 95070-6558
APN #36632007
DAVIS LEON JR OR CURRENT OWNER
21450 ARROWHEAD LN
SARATOGA CA 95070-6500
APN #36606038
HILYARD RICHARD LAND JEANEITE
M TRUSTEE OR CURRENT OWNER
22500 ROLLING HILLS RD
SARATOGA CA 95070
APN #36607004
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-"l.'''' Ave'ryfb TEMPLATE S160t>
NORTON GARTH L TRUSTEE & ET AL
OR CURRENT OWNER
". ,1 ROLLING HILLS RD
, _'^ TOGA CA 95070-6560
APN #36607015
SPORCK ALISTAIR N AND JUNE M OR
CURRENT OWNER
,2]430 ARROWHEAD LN
,sARATOGA CA 95070
fJ'N #36606034
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J~REENWELL WILLIAM A AND
HONNIE L TRUSTEE OR CURRENT
"'\'{NER
.;jI8 W CLIFF DR
SA."ITA CRUZ CA 95060
APN #36607016
LESTER WILLIAM W III TRUSTEE OR
CURRENT OWNER
22525 ROLLING HILLS RD
SARATOGA CA 95070-6546
APN #36607007
NEVITT JAMES E ET AL OR CURRENT
OWNER
21465 PROSPECT RD
r "ATOGA CA 95070-6539
, #36606011
,^<'lROWHEAD COOPERATIVE CO INC
OR CURRENT OWNER
~'!)950 N WOLFE RD UNIT SW2-106
MJPERTINO CA 95014
APN #36606008
KRISTOVICH NEDJELKO AND
ANDREA C OR CURRENT OWNER
21555 PROSPECT RD
SARATOGA CA 95070-6539
APN #366060]2
SPITZEN JAY M AND SALINGER
C~EJORCURRENTOWNER
21965 ARROWHEAD LN
SARATOGA CA 95070-6551
fJ'N #36606048
'-'\:r-.'D DENT JR AND MARY OR
f,,;jRRENT OWNER
,,\'400 ARROWHEAD LN
SARATOGA CA 95070
/!.1>N #36606042
TSENG MEAU HUEY VNIAN C
TRUSTEE OR CURRENT OWNER
21621 PROSPECfRD
SARATOGA CA 95070-6543
APN #36632009
-
www.avery.com
- 1-800-Go-AVERY
IYAR SUBRAH AND RUPAR OR
CURRENT OWNER
15292 KENNEDY RD
LOS GATOS CA 95032
APN #36606031
SInE YAW SHIAND WANG JING MAY
OR CURRENT OWNER
21981 PROSPECT RD
SARATOGA CA 95070
APN #36631007
TASDIGHI ALl F AND FAR PANTEA B
OR CURRENT OWNER
15230 FRUITVALE AV
SARATOGA CA 95070-6272
APN #36606019
MOORE ARNOLD WYAND
CATIIERINE C L TRUSTEE OR
CURRENT OWNER
21601 SCENIC HEIGHTS WY
SARATOGA CA 95070-6543
APN #36632008
ARROWHEAD COOPERATIVE CO OR
CURRENT OWNER
]0050 N WOLFE RD UNIT SW2-106
CUPERTINO CA 95014
APN #36632006
ROYBAL PHILIP M AND JULIE A
TRUSTEE OR CURRENT OWNER
21351 PROSPECT RD
SARATOGA CA 95070-6539
APN #36606043
BRANDT JAMES H AND STEPHENSON
BRANDT LYNNE OR CURRENT
OWNER
22505 ROLLING HILLS RD
SARATOGA CA 95070
APN #36607009
HANDELSMAN MOSHE AND TAMMY
OR CURRENT OWNER
21453 ARROWHEAD LN
SARATOGA CA 95070-6549
APN #36606044
DONG CLARK OR CURRENT OWNER
21398 ARROWHEAD LN
SARATOGA CA 95070
APN #36606027
SARKISSIAN V ARE A AND NORA
TRUSTEE OR CURRENT OWNER
22000 ROLLING HILLS RD
SARATOGA CA 95070-6556
APN #36631005
\i\ AVERY@ S160GD
MURPHY PATRICIA A OR CURRENT
OWNER
21440 ARROWHEAD LN
SARATOGA CA 95070-6500
APN #36606039
AGRAWAL ANANT AND CARMEN C
TRUSTEE OR CURRENT OWNER
22501 ROLLING HILLS RD
SARATOGA CA 95070-6546
APN #36607008
PATEL SANJAYMAND DARSHNA S
OR CURRENT OWNER
2]99] SCENIC HEIGHTS WY
SARATOGA CA 95070-6543
APN #36632010
PERSING DAVID H AND CAROL J
TRUSTEE OR CURRENT OWNER
21995 SCENIC HEIGHTS WY
SARATOGA CA 95070
APN #36632011
HUSAIN ASIM AND ROOHI OR
CURRENT OWNER
21456 ARROWHEAD LN
SARATOGA CA 95070-6550
APN #36606041
SOOHOO EDMUND L AND BARBARA
J OR CURRENT OWNER
21755 ARROWHEAD LN
SARATOGA CA 95070
APN #36606032
ANNAMALAI KADIRESAN AND
THAMILARASI OR CURRENT OWNER
21360 BLUE HILLS LN
SARATOGA CA 95070-6521
APN #36606025
SHAH DINESH D AND CHANDRIKA D
TRUSTEE OR CURRENT OWNER
21441 ARROWHEAD LN
SARATOGA CA 95070-6549
APN #36606014
JOHNSON CHARLES L AND ANNE S
TRUSTEE OR CURRENT OWNER
21270 BLUE HILLS LN
SARATOGA CA 95070-6517
APN #36606005
FINLEY ENTERPRISES LLC OR
CURRENT OWNER
70 GIlMARTIN DR
TIBURON CA 94920
APN #36632002
~ _._~ ___~__'_~.__. __. _ _. .___01:. _. ___..__
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Use AveryG!> TEMPLATE 5160-
DODGE RALPH C OR CURRENT
OWNER
22100 ROLLING HILLS RD
SARA TOGA CA 95070
APN #36631006
.....
~'1ARSHALL STEVEN C AND RENEE D
OR. CURRENT OWNER
;');49 ROLLING HILLS RD
,;:.~ TOGA CA 95070-6546
/YN #36607006
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RADISH KATIE TRUSTEE & ET AL OR
CURRENT OWNER
21399 ARROWHEAD LN
SARA TOGA CA 95070-6549
APN #36606046
LEE YISHENG AND RUEI C OR
CURRENT OWNER
21403 PROSPECT RD
SARA TOGA CA 95070-6539
APN #36606040
.''.RROWHEAD COOPERATIVE CO OR
'7.JRRENT OWNER
;\~050 N WOLFE RD UNIT SW2-106
'-::UPERTINO CA 95014
'l'N #36607005
SANTA CLARA COUNTY OR
CURRENT OWNER
BAINTER A V
SARATOGA CA 95030
APN #51024009
SANTA CLARA VALLEY WATER
DISTRICT OR CURRENT OWNER
5750 ALMADEN EX
SAN JOSE CA 95118
APN #51024037
i.1A:RSHALL ROBERT E AND JULIE A
ar. CURRENT OWNER
'".790 HIDDEN HILL PL
'OS GATOS CA 95030-3020
'-"'N #51024022
DAVIS KIRK B AND ALISON C OR
CURRENT OWNER
19122 BAINTERAV
LOS GATOS CA 95030-2902
APN #51024012
OSINSKI WALDEMAR W AND
KRYSTYNA OR CURRENT OWNER
15768 HIDDEN HILL PL
LOS GA TOS CA 95030-3020
A.PN #51024026
-
www.avery.com
1-SllO-GO-AVERY
SNOW FRANKLIN D AND DIANE T OR
CURRENT OWNER
22101 ROLLING HILLS RD
SARATOGA CA 95070-6558
APN #36632005
-
BOONE DAVID W AND DIANE E
TRUSTEE OR CURRENT OWNER
8487 LINCOLN NEWCASTLE HY
NEWCASTLE CA 95658
APN #36606045
SARKISSIAN V ARE A AND NORA
TRUSTEE OR CURRENT OWNER
22000 ROLLING HILLS RD
SARATOGA CA 95070-6556
APN #36631004
HANSEN PAUL E AND DEE A
TRUSTEE OR CURRENT OWNER
21401 PROSPECT RD
SARATOGA CA 95070
APN #36606010
SHIE YAW SHI AND WANG JING MAY
OR CURRENT OWNER
2198] PROSPECT RD
SARATOGA CA 95070
APN#36631001
BRIDGE ROBERT G AND NANCY B OR
CURRENT OWNER
15806 HIDDEN HILL RD
LOS GATOS CA 95030-3001
APN #51024041
MADHV ANI MARIA AND KANTILAL J
OR CURRENT OWNER
19144 BAINTER A V
LOS GATOS CA 95030-2902
APN #51024011
SANTA CLARA VALLEY WATER
DISTRICT
5750 ALMADEN EX
SAN JOSE CA 95118
APN #51024039
POZOS CARYL B TRUSTEE OR
CURRENT OWNER
]5780 HIDDEN HILL PL
LOS GATOS CA 95030-3020
APN #51024024
LITCHKO MICHAEL AND SIMON
RHONDA C/O SIMON/LITCHKO OR
CURRENT OWNER
PO BOX 320880
LOS GATOS CA 95032-0114
APN #51024015
---.....---.....-------
\i\ AVERVCID 51&08 .
LUNDMARK CHESTER H AND
ELEONORE TRUSTEE OR CURRENT_
OWNER
21260 BLUE HILLS LN
SARATOGA CA 95070-6517
APN #36606021
CHEN HUEY C OR CURRENT OWNER
21250 BLUE HILLS LN
SARATOGA CA 95070-6517
APN #36606022
PACE STANLEY L AND BONNIE B OR
CURRENT OWNER
4700 NANTUCKET CT
FLOWER MOUND TX 75028
APN #36606002
CARLSON NANCY TRUSTEE OR
CURRENT OWNER
22301 ROLLING HILLS RD
SARATOGA CA 95070-6560
APN #36631002
NIST PAULINE A OR CURRENT
OWNER
22001 SCENIC HEIGHTS WY
SARATOGA CA 95070-6561
APN #36632004
NELSON GEORGIA B TRUSTEE & ET
AL OR CURRENT OWNER
15821 HIDDEN HILL RD
LOS GATOS CA 95030-300]
APN #51024017
PARASKEVOPOULOS DEMETRlS E
TRUSTEE OR CURRENT OWNER
19160 BAINTER A V
LOS GATOS CA 95030-2902
APN#5102401O
YOST DONALD E AND PA 1RlCIA
TRUSTEE OR CURRENT OWNER
15835 HIDDEN HILL RD
LOS GATOS CA 95030-3001
APN #51024018
YIP THOMAS C AND WENDY L
TRUSTEE OR CURRENT OWNER
15803 HIDDEN HILL RD
LOS GATOS CA 95030-3001
APN #51024016_
KUHAR JOSEPH E AND BETTY M
TRUSTEE OR CURRENT OWNER
15759 HIDDEN HILL RD
LOS GATOS CA 95030-3001
APN #51024014
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. Use Avefye TEMPLATE 5160e
MCINTYRE WAYNE F AND LOUISE S
TRUSTEE OR CURRENT OWNER
l HIDDEN HILL PL
1.",,> GATOS CA 95030-3020
;\PN #51024025
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ttORES STEPHEN A AND SANDRA E
~'RUSTEE OR CURRENT OWNER
15784 HIDDEN HILL PL
LOS GATOS CA 95030-3020
APN #51024023
CHEN HSIANG-WEN AND Pl-YUN HSU
TRUSTEE OR CURRENT OWNER
15774 LANCASTERRD
MONTE SERENO CA 95030-3022
APN #51007046
TRAN TAl A AND LE HUONG T OR
CURRENT OWNER
15770 WOOD ACRES RD
LOS GATOS CA 95030-3023
APN #51007052
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"'lADHA KANW AR AND ASHU OR
~URRENT OWNER
15740 WOOD ACRES RD
. GATOS CA 95030-3055
. #51007053
HOLTON JOHN P AND KOWNACKI
WANDA OR CURRENT OWNER
19280 BAINTER A V
LOS GATOS CA 95030
APN #51024027
CRANE KEITH F TRUSTEE OR
:::DRRENT OWNER
19298 CITRUS LN
SARATOGA CA 95070-6410
f,!'N #51006011
.'{'BYERS LEE ANN M OR CURRENT
OWNER
15910 WEST RD
LOS GATOS CA 95030-3051
APN #51007065
ROSSI VIRGINIA M TRUSTEE & ET AL
OR CURRENT OWNER
14500 FRUITV ALE A V APT 5323
SARATOGA CA 95070-6195
^.~~ #51006059
SANTA CLARA COUNTY
BAINTER A V
~ARATOGA CA 95030
.~ DN #51024030
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- 1-80ll-GQ.AVERY
STORY MICHAEL S AND LUCILLE L
OR CURRENT OWNER
15745 WEST RD
LOS GATOS CA 95030
APN #5 ]007007
HENDERSON DAVID W AND NOELLE
C OR CURRENT OWNER
19]00 BAINTER A V
LOS GATOS CA 95030-2902
APN #51024013
CHARLES EARL C AND PATRICIA A
TRUSTEE OR CURRENT OWNER
19200 BOUNTIFUL ACRES WY
SARATOGA CA 95070-6409
APN #51006035
SIDDIQI AZMAT AND SAIRA OR
CURRENT OWNER
19]01 AUSTIN WY
SARATOGA CA 95070
APN #51006013
BONY MARK J AND SHEILA A
TRUSTEE OR CURRENT OWNER
15760 WEST RD
LOS GATOS CA 95030-3052
APN #510070]9
NA YAK VISHW ANATH D AND
V AlSHALI V OR CURRENT OWNER
19287 BOUNTIFUL ACRES WY
SARATOGA CA 95070-6409
APN #51006041
SCHIRTZINGER DAVID LAND
JEANNETTE L OR CURRENT OWNER
1568] LOMAS LN
LOS GATOS CA 95030-3025
APN #51007004
PALMER PETER AND ANASTASIA OR
CURRENT OWNER
15930 WEST RD
LOS GATOS CA 95030-3051
APN #510070] 2
BROYLES DOUGLAS W AND
BARBARA L TRUSTEE OR CURRENT
OWNER
]9145 BAINTERAV
SARATOGA CA 95070-6456
APN #5100606]
WHITELEY ANGELA M AND ANDREW
P OR CURRENT OWNER
15621 LOMAS LN
LOS GATOS CA 95030-3025
APN #51007064
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SOGG RICHARD L TRUSTEE OR
CURRENT OWNER
19262 HIDDEN HILL RD
LOS GATOS CA 95030-3001
APN #51024040
CONKLIN LANA V TRUSTEE & ET AL
OR CURRENT OWNER
P.O. BOX 126
MARYSVILLE WA98270
APN #51029031
ASKEW KARMEN M TRUSTEE OR
CURRENT OWNER
19066 AUSTIN WY
SARATOGA CA 95070-6405
APN #51006024
GRIMES DONALD E TRUSTEE OR
CURRENT OWNER
15895 RAVINE RD
LOS GATOS CA 95030-3043
APN #51029056
WILLIAMS HILARY J TRUSTEE OR
CURRENT OWNER
19317 REDBERRY DR
LOS GATOS CA 95030-2928
APN #51025024
BLACKWELL-MARCHANT PATRICIA
A ET AL OR CURRENT OWNER
15681 ROBLES DEL ORO
SARATOGA CA 95070-6430
APN #51008009
SANTA CLARA V ALLEY WATER
DISTRICT
5750 ALMADEN EX
SAN JOSE CA 95118
APN #51024031
THOMAS NrrWAKO TRUSTEE OR
CURRENT OWNER
19239 BOUNTIFUL ACRES WY
SARATOGA CA 95070-6409
APN #51006058
L YDDON GRANT S TRUSTEE OR
CURRENT OWNER
PO BOX 37
SARATOGA CA 95071
APN #51024034
SHU DAREN AND LEE-YING TRUSTEE
OR CURRENT OWNER
11583 UPLAND WY
CUPERTINO CA 950]4
APN #51007014
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Use A\'eye TEMPLATE 5160<1>
::OFFONE ALDO J TRUSTEE & ET AL
R CURRENT OWNER
;722 LANCASTER RD
[ONTE SERENO CA 95030-3022
PN #5] 007056
A VI BAHRAM AND TABATABAEI
lARY AM OR CURRENT OWNER
1418REDBERRYDR
OS GATOS CA 95030-2928
PN #51024002
ANTACLARA VALLEY WATER
ISTRICT
750 ALMADEN EX
ANJOSE CA95118
l'N #51024033
S!\ Y FRANK D AND LYNNE T
:CUSTEE OR CURRENT OWNER
,965 LANCASTER RD
Os GATOS CA 95030-3021
PN #51007057
.UMAR HIMANSHU AND SINGH
AIRA S OR CURRENT OWNER
5875 WOOD ACRES RD
OS GATOS CA 95030-303]
PN #51007049
rOLTON JOHN AND KOWNACKI
vANDA OR CURRENT OWNER
9280 BAINTER A V
.oS GATOS CA 95030-2902
PN #51024035
''')OPER STEPHEN B AND LIANNA F
'''CURRENT OWNER
588] RAVINE RD
,OS GATOS CA 95030-3043
U'N #5]029033
'lRDEH FRED AND RIDLEY T
'RUSTEE OR CURRENT OWNER
5731 WOOD ACRES RD
,OS GATOS CA 95030-3017
U'N #51007006
ODD EVAN V AND GAYLE W
'RUSTEE OR CURRENT OWNER
9288 BOUNTIFUL ACRES WY
:ARATOGA CA 95070-6409
i~N #51006039
;'.:<\USMEIER DANIEL E TRUSTEE &
w,' AL C/O PABLO, PILAR L OR
;tJR.RENT OWNER
5970 WEST RD
,OS GATOS CA 95030-305]
U'N #51007066
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1-800-GO-AVERY
IPSER EDWARD A JR AND WIDJOJO
SURJATINI TRU OR CURRENT OWNER
15880 LOMAS LN
LOS GATOS CA 95030-3025
APN #51007002
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LAURIDSEN FRAN E AND ROBERT W
OR CURRENT OWNER
19450 REDBERRY DR
LOS GATOS CA 95030-2928
APN#5102400]
CONKLIN LANA V TRUSTEE & ET AL
OR CURRENT OWNER
P.O. BOX 126
MARYSVlLLE W A 98270
APN #51029055
CHADWICK ARTHUR D AND
SUBEDAR FARAH J TRUST OR
CURRENT OWNER
19120AUSTINWY
SARATOGA CA 95070-6455
APN #51006021
WONG ALLEN AND LILLIAN OR
CURRENT OWNER
POBOX 700005
SAN JOSE CA 95170
APN #51007031
CIRAULO DONAW J AND JANELLE
OR CURRENT OWNER
15911 WESTRD
LOS GATOS CA 95030-3051
APN #51007011
GLAJCHEN DEON AND DAWN
TRUSTEE OR CURRENT OWNER
19100AUSTINWY
SARATOGA CA 95070-6455
APN#51oo6022
LULLA SULOCHINA H OR CURRENT
OWNER
19099 AUSTIN WY
SARATOGA CA 95070-6404
APN #51006017
BROYLES DOUGLAS WAND
BARBARA L TRUSTEE OR CURRENT
OWNER
19145BAINTERAV
SARATOGA CA 95070-6456
APN #51024038
m KOCHAN AND ALLEGRANZA m
OLEITA OR CURRENT OWNER
15840 LANCASTER RD
MONTE SERENO CA 95030-3059
APN #51007042
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DIERKES CARL L TRUSTEE OR
CURRENT OWNER
PO BOX 495
SARATOGA CA 95071-0495
APN #51024036
LOFGREN THOMAS D AND
CATHERINE OR CURRENT OWNER
15850 WEST RD
LOS GATOS CA 95030-3051
APN #5]007009
COITINGHAM JOHN AND KATE OR
CURRENT OWNER
19350 BAINTER A V
LOS GATOS CA 95030-2901
APN #51025069
FLOWERS GREGORY S TRUSTEE & ET
AL OR CURRENT OWNER
19266 BOUNTIFUL ACRES WY
SARATOGA CA 95070-6409
APN #51006038
KEEBLE PAUL T AND JUDY G OR
CURRENT OWNER
19041 AUSTIN WY
SARATOGA CA 95070-6404
APN#51006016
FURSDON JOHN AND WOIWODE
NORA OR CURRENT OWNER
19400 REDBERRY DR
LOS GATOS CA 95030-2928
APN #51024003
BONY MARK J AND SHEILA A
TRUSTEE OR CURRENT OWNER
15760 WEST RD
LOS GATOS CA 95030-3052
APN #51007018
ROBSON WILLIAM G OR CURRENT
OWNER
15891 RAVINERD
LOS GATOS CA 95030-3043
APN #51029057
PALMER PETER AND ANASTASIA OR
CURRENT OWNER
15930 WEST RD
LOS GATOS CA 95030-3051
APN #51007013
SCOFFONE ALDO J TRUSTEE & ET "-
OR CURRENT OWNER
15722 LANCASTER RD
MONTE SERENO CA 95030-3022
APN #51007055
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. use AVery$ TEMPLATE 5160Gll
)NG THOMAS G AND KUAN-LI OR
:URRENT OWNER
'OX 2176
,..ATOGA CA 95070
OJ'N #51006014
rOCHHEIM JERRY AND SUSAN OR
:URRENT OWNER
15900 LOMAS LN
C.oS GATOS CA 95030-3025
OJ'N #51007001
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,TURDEV ANT DONALD E AND GALE
:.'TRUSTEE OR CURRENT OWNER
)BOX 2695
;ARATOGA CA 95070
OJ'N #51006036
BERTELSEN CARL A AND CAROL K
fRUSTEE OR CURRENT OWNER
15900 WEST RD
LOS GATOS CA 95030-3051
'\PN #51007062
STA VELEY BRENDAN G AND MARY T
JR CURRENT OWNER
15810 WEST RD
, "GATOS CA 95030-3052
#51007008
',I.EXANDER WANDA B TRUSTEE OR
c'fJRRENT OWNER
) BOX IE
,30S GATOS CA 95031
'\PN #51029032
LAWTON CHARLES B II AND MARION
L TRUSTEE OR CURRENT OWNER
15780 LANCASTER RD
MONTE SERENO CA 95030-3022
'\PN #51007044
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MALHOTRA VINOD AND NEEMA B
OR CURRENT OWNER
19088 AUSTIN WY
SARATOGA CA 95070-6405
APN #51006060
CONKLIN LANA V TRUSTEE & ET AL
OR CURRENT OWNER
P.O. BOX 126
MARYSVILLE W A 98270
APN #51029035
GONG HAYMAN AND CHADINE F
TRUSTEE OR CURRENT OWNER
15910 RAVINE RD
LOS GATOS CA 95030-3074
APN #51007063
DULIN DAVID L AND DENISE M OR
CURRENT OWNER
15710 WEST RD
LOS GATOS CA 95030-3050
APN #51007029
SINGH INDER M AND RAMAN R OR
CURRENT OWNER
16303 RAVINE RD
LOS GATOS CA 95030-3043
APN #51029062
RITCHIE DAVID B OR CURRENT
OWNER
15901 RAVINERD
LOS GATOS CA 95030-3043
APN #51029037
HARRIGANMATIHEW AND
THERESA OR CURRENT OWNER
15705 LANCASTER RD
MONTE SERENO CA 95030-3021
APN #51007030
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SELL DARRELL D AND MARILYN M
TRUSTEE OR CURRENT OWNER
19330 REDBERRY DR
LOS GATOS CA 95030-2928
APN #51024032
NEWMARK. RICHARD A AND EVELYN
M TRUSTEE OR CURRENT OWNER
19165 AUSTIN WY
SARATOGA CA 95070-6404
APN #51006018
DEAS DUDLEY D AND PHILOMENA M
TRUSTEE OR CURRENT OWNER
15873 WOOD ACRES RD
LOS GA TOS CA 95030-3031
APN #51007060
KOTHARI MUDER AND Y ASMEEN
TRUSTEE OR CURRENT OWNER
19244 BOUNTIFUL ACRES WY
SARATOGA CA 95070-6409
APN #51006037
WICKHAM PHILIP G AND SACm N OR
CURRENT OWNER
15839 HIDDEN HILL RD
LOS GATOS CA 95032
APN#51024019
JAGUSCH PETER R TRUSTEE OR
CURRENT OWNER
15700 LOMAS LN
LOS GATOS CA 95030-3025
APN #51007003
HWANG GEORGE F AND HELEN TOR
CURRENT OWNER
19288 BAINTERAV
LOS GA TOS CA 95030-2902
APN #51024006
Cynthia Garcia, Secretary III
County Library Service Area
14600 Winchester Blvd.
Los Gatos, CA 95032-1817
Michael Rock, Business Manager
Central Fire Protection District
14700 Winchester Blvd.
Los Gatos, CA 95032-1818
Guadalupe-Coyote Resource
Conservation District
888 N. First Street, Suite 204
San Jose, CA 95112
Suzanne Carrig
Center for Education Planning
SCC Office of Education (MC 243)
1290 Ridder Park Drive
San Jose, CA 95131-2398
Carl Beckham, Administrator
Cupertino Sanitation District
20083 Stevens Creek Blvd. Suite 104
Cupertino, CA 95014
David Ross, District Manager
Cupertino Sanitation District
20083 Stevens Creek Blvd. Suite 104
Cupertino, CA 95014
L. Craig Britton, General Manager
Midpeninsula Regional Open
Space District
330 Distel Circle
(us Altos, CA 94022-1404
Kimberly Smith, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Lauren Keller, Board Cierk
Santa Clara Valley Water District
5750 Almaden Expressway
San Jose, CA 95118
Jack Broadbent, Director
Bay Area Air Quality Mgt. District
939 Ellis Street
San Francisco, CA 94109
Cupertino Union School District
10301 Vista Drive
Cupertino, CA 95014
Fremont Union High School District
589 W. Fremont Avenue
Sunnyvale, CA 94087
Foothill-De Anza Community
College District
12345 EI Monte Road
Los Altos Hills, CA 94022
Dunia Noel
Local Agency Fonnation Commission
70 West Hedding Street
11 ~ floor East Wing
San Jose, CA 95110
City of Cupertino
1 0300 Torre Avenue
Cupertino, CA 95014
County of Santa Clara
191 N First Street
San Jose, CA 95113
rospect Road Area Annexation
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SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO.
AGENDA ITEM
.M~
CITY MANAGER: ~
'\
MEETING DATE: June 7, 2006
ORIGINATING DEPT: City Attorney
PREPARED BY: Richard Taylor
SUBJECT: Resolution establishing an expense reimbursement policy for elected and
appointed officials.
RECOMMENDED ACTION:
Adopt the attached resolution establishing an expense reimbursement policy for elected
and appointed officials.
REPORT:
At its meeting of March 1,2006 the City Council considered an ordinance
regarding City Council compensation and a resolution adopting an expense
reimbursement policy. Council directed staff to conduct further inquiries regarding
compensation issues and to suspend payments of Council and Planning Commission
stipends and reimbursements. Staff is preparing a report on compensation issues for the
July 19 City Council meeting. The attached resolution would adopt a reimbursement
policy so that staff can begin immediately processing reimbursement claims.
The attached policy implements portions of AB 1234, which became operative on
January 1,2006. AB 1234 sets specific standards governing reimbursement of City
Council members and other appointed officials (such as Commissioners).
Reimbursement of elected officials and commissioners is allowed only if the City has
adopted in a public meeting, a written policy "specifying the types of occurrences that
qualify [for] reimbursement of expense relating to travel, meals, lodging, and other actual
and necessary expenses." Gov. Code ~ 53232.2(b). That policy must allow
reimbursement of only "actual and necessary expenses incurred in the performance of
official duties." Id.
I
In order to ensure that reimbursement is available to Council members and
Commissioners for costs incurred while on City business, the attached resolution adopts a
reimbursement policy. The policy is based on the model reimbursement policy developed
by the California League of Cities.
ALTERNATIVES:
The Council could elect to adopt reimbursement policies that vary from the model
policies in order to reflect local standards or a different policy on the reasonable scope of
reimbursable expenses.
FISCAL IMPACTS:
No significant fiscal impacts.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
ATTACHMENTS:
Proposed Resolution and Expense Reimbursement Policy.
2
City of Saratoga Expense Reimbursement Policy
for Elected and Appointed Officials
I. Purpose
The City of Saratoga takes its stewardship over the use of its limited public resources
seriously. This policy provides guidance to elected and appointed officials on the use
and expenditure of City resources, as well as the standards against which those
expenditures will be measured.
II. General
A. City resources should be used only when there is a benefit to the City, including:
. The opportunity to discuss the community's concerns with state and federal
officials and representatives of other local governments in the region;
. Participating in regional, state and national organizations whose activities
affect the City;
. Attending educational seminars designed to improve officials' skill and
information levels; and
. Promoting public service and morale by recognizing such service.
II. Authorized Expenses
A. City funds, equipment, supplies (including letterhead), and staff time must only
be used for authorized City business. Expenses incurred in connection with the
following types of activities generally constitute authorized expenses, as long as
the other requirements of this policy are met:
1. Communicating with representatives of regional, state and national
government on City-adopted policy positions;
2. Attending educational seminars designed to improve officials' skill and
information levels;
3. Participating in regional, state and national organizations whose activities
affect the City's interests;
4. Recognizing service to the City (for example, thanking a longtime employee
with a retirement gift or celebration of nominal value and cost);
5. Attending City events; and
6. Implementing a City-approved strategy for attracting or retaining businesses to
the City, which will typically involve at least one staff member.
IIJ. Pre-approval of Expenses
A. Pre-approval of expenses to be incurred is not required except that the following
expenses require prior Mayoral approval:
1. International and out-of-state travel;
2. Expenses exceeding $250 per trip or event; and
3. Expenses not related to Section ". A.1 through A.6 but which nonetheless will
offer substantial benefit to the City.
IV. Non-authorized Expenses
A. Examples of personal expenses that the City will not reimburse include, but are
not limited to:
1. The personal portion of any trip;
2. Political or charitable contributions or events;
3. Family expenses, including partner's expenses when accompanying official on
agency-related business, as well as children- or pet-related expenses;
4. Entertainment expenses, including theater, movies (either in-room or at the
theater), sporting events (including gym, massage and/or golf related
expenses), or other cultural events;
5. Non-mileage personal automobile expenses, including repairs, traffic citations,
insurance or gasoline; and
6. Personal losses incurred while on City business.
B. Any questions regarding authorization of a particular type of expense should be
resolved by the approving authority before the expense is incurred.
2
v. Cost Control
A. To conserve City resources and keep expenses within community standards for
public officials, expenditures should adhere to the following guidelines. In the
event that expenses are incurred which exceed these guidelines, the cost bome
or reimbursed by the City will be limited to the costs that fall within the guidelines.
1. Transportation
a. The most economical mode and class of transportation reasonably
consistent with scheduling needs and cargo space requirements must be
used, using the most direct and time-efficient route.
b. Charges for rental vehicles may be reimbursed under this provision if it is
determined that using a rental vehicle is more economical than other
forms of transportation. In making such determination, the cost of the
rental vehicle, parking and gasoline will be compared to the combined cost
of other forms of transportation. Government and group rates must be
used when available.
2. Airfare
a. Airfares that are equal to or less than those available through the
Enhanced Local Government Airfare Program offered through the League
of California Cities (http://www.cacities.orq/travel), the California State
Association of Counties (http://www.csac.counties.orq/default.asp?id=635)
and the State of California are presumed to be the most economical and
reasonable for purposes of reimbursement under this policy.1
3. Automobile
a. Automobile mileage is reimbursed at Internal Revenue Service rates
presently in effect (see http://www.irs.qov). These rates are designed to
compensate the driver for gasoline, insurance, maintenance, and other
expenses associated with operating the vehicle. This amount does not
include bridge and road tolls, which are also reimbursable.
b. The Internal Revenue Service rates will not be paid for rental vehicles;
only receipted fuel expenses will be reimbursed.
'Those rates can be accessed from the state's website without being a member of these programs by
going to hllp:/lwww.catravelsmart.com/default.htm and clicking on "Discount Travel Fares for Official
Business."
3
4. Car Rental
a. Rental rates that are equal or less than those available through the State
of California's website (htto://www.catravelsmart.com/default.htm) shall be
considered the most economical and reasonable for purposes of
reimbursement under this policy.
5. Taxis/Shuttles
a. Taxis or shuttles fares may be reimbursed, including a fifteen (15%)
percent gratuity per fare, when the cost of such fares is equal to or less
than the cost of car rentals, gasoline and parking combined, or when such
transportation is necessary for time-efficiency.
6. Lodging
a. When travel on official City business reasonably requires an overnight
stay, lodging expenses will be paid for or reimbursed.
7. Conferences/Meetings
a. If lodging is in connection with a conference, expenses must not exceed
the group rate published by the conference sponsor, if such rates are
available at the time of booking. If the group rate is not available, the
policy in the following section "Other Lodging" shall apply.
8. Other Lodging
a. Travelers must request government rates, when available. A listing of
hotels offering government rates in different areas is available at
htto://www.catravelsmart.com/lodquideframes.htm. Lodging rates that are
equal to or less than government rates are presumed to be reasonable
and hence reimbursable for purposes of this policy.
b. In the event that government rates are not available at a given time or in a
given area, lodging rates that do not exceed the IRS per diem rates for a
given area are presumed reasonable and hence reimbursable. 2
2 See Publication 1542 at WWW.irs.gov or www.policyworks.gov/perdiem). The site also has references to
hotels that have government rates at or below Internal Revenue Service per diem limits. For example, for
2006, the standard per diem rate for lodging in the continental United States is $60. However the rate for
the San Francisco area (as defined) is $130.
4
9. Meals
a. Reimbursable meal expenses and associated gratuities will not exceed a
total of $60.00/day.
b. Meal reimbursement amounts will be annually adjusted to reflect changes
in the cost of living in accordance with statistics published by the United
States Department of Labor, Bureau of Labor Statistics Consumer Price
Index for the Saratoga area. (The annual adjustment will be based on the
Saratoga area whether travel is within the area or not.)
10. Telephone/Fax/Cellular
a. Officials will be reimbursed for actual telephone and fax expenses incurred
on City business. Telephone bills should identify which calls were made
on City business.
b. For cellular calls, when the official has a particular number of minutes
included in the official's plan, the official can identify the percentage of
calls made on public business.
11.lnternet
a. If Internet access is necessary for City-related business, officials will be
reimbursed for Internet access connection and/or usage fees away from
home, not to exceed $15.00 per day.
12.Airport Parking
a. Officials will be reimbursed for airport parking related to City business-
related travel.
b. Long-term parking must be used for travel exceeding 24-hours. Where
practical, an airport shuttle should be used if the cost of the shuttle to and
from the airport would be less than the anticipated cost of long term
parking.
13. Other
a. Baggage handling fees of up to $1.00 per bag and gratuities of up to
fifteen (15%) percent will be reimbursed.
b. Expenses for whicl1 City officials receive reimbursement from another
agency are not reimbursable.
5
VI. Cash Advance Policy
A. From time to time, it may be necessary for an official to request a cash advance
to cover anticipated expenses while traveling or doing business on the City's
behalf.
S. A "Cash Advance" form should be submitted to the City Manager or the City
Manager's designee ten (10) business days prior to the need for the advance.
(Sample -- Appendix "A").
C. Any unused advance must be returned to the City treasury within two (2)
business days of the official's return.
D. In the event the City Manager is uncertain as to whether a request complies with
this policy, the requestor must seek resolution from the Mayor.
VII. Credit Card Use Policy
A. The City of Saratoga does not issue credit cards to individual office holders but
does have a Cal Card it makes available for selected City expenses.
S. Officials may use the City's Cal Card for purposes such as airline tickets and
hotel reservations that would be eligible for reimbursement pursuant to this
policy.
C. The Cal Card may not be used for personal expenses even if the official intends
to reimburse the City for those expenses.
VIII. Expense Report Content and Submission Deadline
A. All cash advance expenditures, credit card expenses and expense
reimbursement requests must be submitted on an "Expense Report" form
(Sample - Appendix "S") within thirty (30) days of an expense being incurred.
The form must be accompanied by receipts documenting each expense.
S. Expense reports must document that the expense in question met the
requirements of this policy. For example, if the meeting is with a legislator, the
local agency official should explain whose meals were purchased, what issues
were discussed and how those relate to the City's adopted legislative positions
and priorities.
C. Inability to provide such documentation in a timely fashion may result in the
expense being borne by the official.
6
IX. Audits of Expense Reports
A. All expenses are subject to verification that they comply with this policy.
X. Reports to City Council
A. Following an event for which a reimbursement claim has or will be submitted, the
official seeking reimbursement shall, at the next regular City Council meeting (or
at an earlier special meeting if practical), briefly report on the event. If multiple
officials attended, a joint report may be made.
XI. Compliance with Laws
A. City officials should keep in mind that some expenditures may be subject to
reporting under the Political Reform Act and other laws. All agency expenditures
are public records subject to disclosure under the Public Records Act.
S. This policy supplements the definition of actual and necessary expenses for
purposes of state laws relating to permissible uses of public resources.
C. This policy also supplements the definition of necessary and reasonable
expenses for purposes of federal and state income tax laws.
XII. Violation of This Policy
A. Use of public resources or falsifying expense reports in violation of this policy
may result in any or all of the following:
1. Loss of reimbursement privileges;
2. A demand for restitution to the City;
3. The City reporting to state and federal tax authorities that the official's
expenses are income;
4. Civil penalties of up to $1,000 per day and three times the value of the
resources used; and
5. Prosecution for misuse of public resources.
7
SARA TOGA CITY COUNCIL
MEETING DATE: June 7, 2006
AGENDA ITEM:
~
,f}-.J ~
ORIGINATING DEPT: Public Works
PREPAREDBy:~Q~
John Cherbone
CITY MANAGER:
DEPT HEAD: ~ e..s:LJ...........,(
John Cherbone
SUBJECT: Kevin Moran Park Improvement Project - Review of Conceptual Design Plan
RECOMMENDED ACTION(S):
Consider report, accept public testimony, and provide direction to staff regarding conceptual
design plan to be reviewed in environmental analysis.
REPORT SUMMARY:
Background:
At the March 15,2006, City Council Meeting, Council directed staff to move forward with a
conceptual design plan for Kevin Moran Park that included one contiguous flat grass area large
enough for one full size regulation soccer field (330'xI95') and I half size practice field
(I65'xI95'). This particular conceptual design was a modification of Plan 3, a plan which was
developed at the February 27th Kevin Moran Task Force Meeting.
As details began to emerge regarding the effect Modified Plan 3 would have on the existing park
improvements including the removal of II California Sycamores, City Council scheduled two
meetings with the Kevin Moran Task Force to explore alternatives that would minimize impacts
to the developed areas of the park. The two meetings were held on April 26th and May lOth. At
the first Task Force Meeting, City Council determined that Plan IA (Attachment I) was the best
plan to use as a basis to discuss further design alternatives with the Task Force.
Discussion:
At the second joint Task Force meeting held on May 10th, Council Member Waltonsmith
introduced a design alternative to Plan IA that focused on minimizing impacts to the existing
park improvements by utilizing more of the undeveloped areas of the park.
The latest design iteration <Attachment 2) reduces the number of healthy mature specimen trees
requiring removal in the developed area of the park to one California Sycamore tree (Tree 138)
and one Coast Redwood tree (Tree 181). The plan also has a negligible impact to the existing
lawn bowl area.
Additional information regarding the number of existing trees in the park, the number and type of
trees to be removed, and the number and type of proposed new trees was prepared by the City's
design consultant, David Nelson (Attachment 3). In addition, a preliminary cost estimate for
latest design iteration has been prepared (Attachment 4).
David Nelson, the City's design consultant, will be attending the City Council meeting to
introduce the latest conceptual design plan and answer technical questions.
FISCAL IMPACTS:
The following is a summary ofthe preliminary cost estimate:
Construction Costs:
Parking Lot: $186,745
Trails: 190,793
Soccer Field: 340,969
Tennis Court: 103,152
Restroom: 155,000
Basketball Court: 73,386
Bocce/Petanque: 40,788
Meditation Garden: 77,795
Picnic Facilities: 51,800
Landscaping: 184.900
Subtotal Const. $1,405,328
10% Contingency: $140.533
Total Const. $1,545,861
Design & Environmental Costs:
PS&E Design: $72,500
Const. Support: 10,000
Reimbursable Items: 5,500
Environmental: 150.000
Total DesignlEnv: $238,000
Total Project: $1,783,861
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
A conceptual design plan will not be approved and the project will not move on to the
environmental stage.
ALTERNATIVE ACTION(S):
None.
FOLLOW UP ACTION(S):
If the conceptual design is approved the project will move forward into the environmental design
phase and subsequently into the design and construction phases.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice of the meeting was mailed to surrounding residents, emailed to the interested party list,
and information regarding this issue was placed on the City's website.
ATTACHMENTS:
1. Plan lA
2. Conceptual Design Plan
3. Tree Information
4. Preliminary Cost Estimate
5. Public Comment
Tree Information
Existing Trees:
· Total Trees per Arborist Report = 272
· Specimen Trees = 163 (60%), including:
American Sweet Gum 16
Ash 17
California Sycamore 29
Chinese Pistache 2
Coast Live Oak 21
Coast Redwood 39
Olive Trees 3
Pine 17
Southern Live Oak 8
Southern Magnolia 2
Walnut 9
· Misc. volunteers or undesirable trees = 11 (4%), including:
Ceanothus 4
Eucalyptus 3
Fern Pine 1
Myoporum 2
Clump of nine various trees I
· Fruit Trees = 98 (36%)
Trees being removed = 94/272 (35%)
· Specimen Trees 23/163 (14%), including:
American Sweetgum 2/16 (12.5%)
Ash 4/17 (23.5%)
California Sycamore 1/29 (3%)
Coast Live Oak 7/21 (33%)
Coast Redwood 1/39 (2.5%)
Olive Tree 2/3 (67%)
Pine 2/17 (12%)
Southern Live Oak 2/8 (25%)
Walnut 2/9 (22%)
---._'-_._-~._- ---, ---".--.,..--.-..---
Attachment 3
· Misc. volunteers or undesirable trees 6/11 (55%), including:
Ceanothus 2/4 (50%)
Eucalyptus 2/3 (67%)
Clump of nine various trees 1/1 (100%)
Myoporum 1/2 (50%)
Fruit Trees 65/98 (66%)
Ofthe trees being removed, 65/94 (69%) are Fruit Trees, 23/94 (25%) are Specimens and
6/94 (6%) are Misc. volunteers or undesirable trees.
New Trees = 60. including:
. South End-29
5 Lagerstroemia species, Crape Myrtle
10 Magnolia 'Samuel Sommars', Southern Magnolia
4 Quercus agrifolia, Coast Live Oak
10 Platanus acerifolia 'Columbia', Columbia London Plan Tree (Sycamore)
. North End-31
2 Lagerstroemia species, Crape Myrtle
10 Pinus elderica, Afghan Pine
5 Pyrus 'Chanticleer', Chanticleer Flowering Pear
14 Sequoia sempervirens 'Aptos Blue', Coast Redwood
MP A Design
Landscape Architects 414 Mason Street Attachment 4
and Urban Designers San Francisco, CA
94102.1719
Kevin Moran Park Job #: 7206.00
Order of Magnitude Cost Estimate
CONSTRUCTION Date:05/31/06
Estimated Unit of Unit price In
Item No. Description quantity Measure Figures Item Total
PARKING LOT
SITE PREPARATION
Clear & Grub 27,300 SF $ 0.15 $4,095
Excavate & Stockpile Soil 752 CY $ 10 $7,520
Construction Fence 400 LF $ 4 $1,600
Curb & gutter demo 75 LF $ 3.50 $263
Sawing 2"Concrete Slab 4 LF $ 2.50 $10
Tree Removal 6"-9" Caliper 11 EA $ 225 $2,475
Tree Removal 10"-19" Caliper 8 EA $ 335 $2,680
Project construction signs 1 EA $ 1,300 $1,300
SUB-TOTAL SITE PREPARATION $19,943
GRADING & DRAINAGE
Earthwork 752 CY $ 12 $9,024
Finished Grade 5,500 SF $ 0.27 $1 ,485
Bioswale 1 ALLOW $ 4.500 $4,500
SUB-TOTAL GRADING $15,009
AC PAVING/SITE CONCRETE PAVING
AC Paving 20,500 SF $ 4.25 $87,125
Traffic Striping (Thermal Plastic) 90 LF $ 3.21 $289
Pavement Markings 1 ALLOW $ 400.00 $400
PCC Curb & gutter 75 LF $ 25 $1,875
PCC Curb 485 LF $ 28 $13,580
Access Ramp 1 EA $ 1,200 $1,200
Signage 1 ALLOW $ 2,000 $2,000
Wheel Stops 35 EA $ 125 $4,375
SUB-TOTAL CONCRETE/ASPHAL T $110,844
IRRIGATION
Irrigation - ShrublGC (incl. qc's +rcv's) 4,000 SF $ 1.15 $4,600
Tree Bubblers (2Ea.) 17 EA $ 76 $1,292
Backflow prevention unit EA $ 2,000 $0
Controller 1 EA $ 4,500 $4,500
Controller housing 1 EA $ 1,400 $1,400
BFP Cage 2-1/2" EA $ 2,000 $0
1/8
--.---...,
SUB-TOTAL IRRIGATION $11,792
PLANTING
Soil preparation (small areas) 5,500 SF $ 0.55 $3,025
Amended topsoil (reuse existing soil) 102 CY $ 12 $1,232
Mulch 5,500 SF $ 0.33 $1,815
Groundcover (F.G.@12"O.C.) 3,500 SF $ 2.25 $7,875
Trees (24" Box) 5 EA $ 260 $1,300
Trees (15 GaL) 12 EA $ 165 $1,980
Shrubs (15 GaL) 12 EA $ 165 $1,980
Shrubs (5 GaL) 50 EA $ 30 $1.500
Shrubs (1 GaL) 200 EA $ 10 $1,900
Shurbs(Bare root) 358 EA $ 9.50 $3,401
Bulbs 200 EA $ 3.25 $650
60 Day Maintenance 1 LS $ 2,500 $2,500
SUB-TOTAL PLANTING $29,158
TOTAL PARKING LOT $186,745
TRAILS
SITE PREPARATION
Clearing & grubbing 15,000 SF $ 0.15 $2,250
Strip & Stockpile Topsoii 555 CY $ 10 $5,550
Fence demo 70 LF $ 3.50 $245
A.C. Paving demo 6,000 SF $ 0.70 $4,200
Curb & gutter demo 45 LF $ 3.50 $158
Tree Removal 6"-9" Caliper 9 EA $ 225 $2,025
Tree Removal 10"-19" Caliper 17 EA $ 335 $5,695
SUB-TOTAL SITE PREPARATION $20,123
GRADING & DRAINAGE
Earthwork 55 CY $ 12 $660
Finished Grade 15,000 SF $ 0.27 $4,050
SUB-TOTAL GRADING $4,710
SITE CONCRETE
AC Paving Vehicular w/ Headers 10,000 SF $ 5.50 $55,000
AC Paving Pedestrian w/ Headers 12,767 SF $ 5.00 $63,835
PCC Curb & gutter 45 LF $ 25 $1,125
Access Ramp 2 EA $ 1,400 $2,800
SUB-TOTAL CONCRETE/ASPHALT $122,760
LIGHTING
Pathway Lighting 9 EA $ 4,800 $43,200
SUB-TOTAL LIGHTING $43,200
TOTAL TRAILS $190,793
2/8
-- ~'----------'--- ,.-.- -_._------------------- -----------------
SOCCER FIELD
SITE PREPARATION
A C Path Demo 4,500 SF $ 0.70 $3,150
Clearing & grubbing 70,240 SF $ 0.15 $10,536
Strip & Stockpile Topsoil 2,600 CY $ 10 $26,000
Demo & Salvage Parcourse & Furn. 1 ALLOW $ 3,500 $3,500
Light Demo 3 EA $ 800 $2,400
Concrete Paving Demo 50 SF $ 1.25 $63
Construction Fence 1,450 LF $ 4 $5,800
Tree Removal 6"-9" Caiiper 30 EA $ 225 $6,750
Tree Removal 10"-19" Caliper 18 EA $ 335 $6,030
Tree Removal 20"-35" Caliper 5 EA $ 700 $3,500
SUB-TOTAL SITE PREPARATION $67,729
GRADING & DRAINAGE
Earthwork 2,600 CY $ 12 $31,200
Finished Grade 70,240 SF $ 0.27 $18,965
Storm Drain (12" R.C.P.) 270 LF $ 45 $12,150
Storm Drain (6" PVC) 300 LF $ 27 $8,100
Storm Drain (6"Multiflow) 1,100 LF $ 40 $44,000
Ex. Drain Work 1 EA $ 700 $700
Storm inlets (24" dia.) 2 EA $ 2,000 $4,000
Sand 260 CY $ 14 $3,640
Crushed Rock 770 CY $ 20 $15,400
SUB-TOTAL GRADING $138,155
IRRIGATION
Irrigation - 4" Mainline 750 LF $ 11 $8,250
Turf Irrigation 70,240 SF 0.85 $59,704
Controller 1 EA $ 4,500 $4,500
Controller housing 1 EA $ 1,300 $1,300
SUB-TOTAL IRRIGATION $73,754
PLANTING
Amended topsoil (reuse existing soil) 2,600 CY $ 12 $31,395
Mulch 700 SF $ 0.35 $245
Lawn seed 70,240 SF $ 0.38 $26,691
60 Day Maintenance 1 LS $ 3,000 $3,000
SUB-TOTAL PLANTING $61,331
TOTAL SOCCER FIELD
$340,969
TENNIS COURT
SITE PREPARATION
3/8
- ."-----~-----~ ~... ----.------~--..----.--"~,-~~__._.__~ - _._.____'_,.____.nm.____....____
Clearing & grubbing 9.000 SF $ 0.15 $1,350
Strip & Stockpile Topsoil 333 CY $ 10 $3,330
Tree Removal 6"-9" Caliper 5 EA $ 225 $1,125
Tree Removal 10"-19" Caliper 1 EA $ 335 $335
SUB-TOTAL SITE PREPARATION $6,140
GRADING & DRAINAGE
Earthwork 333 CY $ 12 $3,996
Finished Grade 1,452 SF $ 0.27 $392
SUB-TOTAL GRADING $4,388
SITE AC PAVING
AC Paving Pedestrian 6,955 SF $ 5 $34,775
Tennis Court Surfacing/Stripng 1 LS $ 15,000 $15,000
SUB-TOTAL CONCRETE/ASPHAL T $49,775
IRRIGATION
Irrigation - Shrub/GC (inci. qc's +rcv's) 1,452 SF $ 1.15 $1,670
Controller EA $ 4,500 $0
Controller housing EA $ 1,300 $0
SUB-TOTAL IRRIGATION $1,670
PLANTING
Soil preparation (small areas) 1,452 SF $ 0.55 $799
Amended topsoil (reuse existing soii) 27 CY $ 12 $326
Mulch 1,452 SF $ 0.33 $479
Shrubs (5 Gal.) 25 EA $ 30 $750
Shrubs (1 Gal.) 50 EA $ 9.50 $475
60 Day Maintenance 1 LS $ 600 $600
SUB-TOTAL PLANTING $3,429
SITE FURNITURE, SIGNAGE, AND MISCEllANEOUS
6' Bench w/back 1 EA $ 1,800 $1,800
Bicycle rack ("pipeline", 5 bikes ea.) 1 EA $ 1,400 $1,400
Trash receptacie (LU) 1 EA $ 900 $900
Metal Signs 1 EA $ 500 $500
SUB-TOTAL SITE FURNITURE $4,600
FENCING
Net w/Posts 1 ALLOW $ 2,000 $2,000
10' Fence- VC wi Screening 360 LF $ 85 $30,600
Single swing gate 1 EA $ 550 $550
SUB-TOTAL FENCING $33,150
TOTAL-TENNIS COURT $103,152
RESTROOM BUILDING
Prefab Restrooms Builiding 1 ALLOW $ 135,000 $135,000
4/8
------ ---------- ------------------------
Utility Connections 1 ALLOW $ 20,000 $20,000
TOTAL RESTROOM BUILDING $155,000
BASKETBALL COURT
SITE PREPARATION
Clearing & grubbing 5,700 SF $ 0.15 $855
Strip & Stockpile Topsoil 211 CY $ 10 $2,110
AC. Paving demo 875 SF $ 0.75 $656
Tree Removal 10"-19"" Caiiper 5 EA $ 335 $1,675
SUB-TOTAL SITE PREPARATION $5,296
GRADING & DRAINAGE
Earthwork 55 CY $ 12 $660
Finished Grade 1,500 SF $ 0.27 $405
SUB-TOTAL GRADING $1,065
SITE CONCRETE
AC Paving Pedestrian 5,500 SF $ 5.50 $30,250
BB Court Surface/Stripe 1 Aliow $ 9,000 $9,000
SUB-TOTAL CONCRETE/ASPHALT $39,250
SITE FURNITURE, MISCELLANEOUS
BB Backboard 2 EA $ 3,500 $7,000
Bicycle rack ("pipeline", 5 bikes ea.) 1 EA $ 1,400 $1 ,400
Trash receptacle(LU) 1 EA $ 900 $900
6' Bench w/ back 1 EA $ 1,800 $1,800
Metal Signs 1 EA $ 550 $550
SUB-TOTAL SITE FURNITURE $11,650
FENCING
8' Chain Link-VC 215 LF $ 75 $16,125
SUB-TOTAL FENCING $16,125
TOTAL BASKETBALL COURT $73,386
BOCCE OR PETANQUE
SITE PREPARATION
Clearing & grubbing 3,250 SF $ 0.15 $488
Strip & Stockpile Topsoil 120 CY $ 10 $1,200
SUB-TOTAL SITE PREPARATION $1,688
GRADING & DRAINAGE
Earthwork 120 CY $ 12 $1,440
Finished Grade 1,150 SF $ 0.27 $311
French Drain 2 EA $ 1.000 $2,000
5/8
SUB-TOTAL GRADING & DRAINAGE $3,751
SITE PAVING
Con Heart Redwood Cap and Skirt
Oyster ShelllClay for top 3" 2 EA $ 16,500 $33,000
SUB-TOTAL PAVING $33,000
SITE FURNITURE, MISCELLANEOUS
6' Bench 1 EA $ 1,800 $1,800
Metal Signs 1 EA $ 550 $550
SUBTOTAL SITE FURNITURE, MISCELLANEOUS $2,350
TOTAL BOCCE OR PETANQUE $40,788
MEDITATION GARDEN
SITE PREPARATION
Clear & Grub 14,000 SF $ 0.15 $2,100
Strip & Stockpile topsoil 120 CY $ 10.00 $1,200
Tree Removal 6"-9" Caliper 2 EA $ 225 $450
Tree Removal 10"-19" Caliper 3 EA $ 335 $1,005
SUB-TOTAL SITE PREPARATION $4,755
GRADING & DRAINAGE
Finished Grade 11,000 SF $ 0.27 $2,970
SUB-TOTAL GRADING & DRAINAGE $2,970
SITE CONCRETE MEDIANS & MISCELLANEOUS
AC Paving Pedestrian wi Headers 2,410 SF $ 5.50 $13,255
Crushed Gravel Paving 1,100 SF $ 4.50 $4,950
SUB-TOTAL CONCRETE/ASPHAL T $18,205
IRRIGATION
Irrigation - 4" Mainline LF $ 11 $0
Irrigation - ShrublGC (ineL qe's +rcv's) 11,000 SF $ 1.15 $12,650
Tree Bubblers (2Ea.) 26 EA $ 75 $1,950
Controller EA $ 4,500 $0
Controller housing EA $ 1,300 $0
SUB-TOTAL IRRIGATION $14,600
PLANTING
Soil preparation (small areas) 11,000 SF $ 0.55 $6,050
Amended topsoil (reuse existing soil) 120 CY $ 12 $1,440
Mulch 11,000 SF $ 0.33 $3,630
Groundeover (F.G.@12"O.C.) 8,000 SF $ 2.50 $20,000
Trees (15 GaL) 13 EA $ 165 $2,145
Shrubs (5 GaL) 50 EA $ 30 $1,500
Shrubs (1 GaL) 200 EA $ 9.50 $1,900
6/8
.~.~.._---- .
60 Day Maintenance LS $ 600 $600
SUB-TOTAL PLANTING $37,265
TOTAL MEDITATION GARDEN $77,795
PICNIC FACILITIES
Drinking Fountain 1 EA $ 5,000 $5,000
Picnic Tables wi Concrete Slab 26 EA $ 1,800 $46,800
TOTAL PICNIC FACILITIES $51,800
LANDSCAPING
SITE PREPARATION
Clear & Grub 37,000 SF $ 0.15 $5,550
SUB-TOTAL SITE PREPARATION $5,550
GRADING & DRAINAGE
Finished Grade 11,000 SF $ 0.27 $2,970
SUB-TOTAL GRADING & DRAINAGE $2,970
IRRIGATION
Irrigation - 4" Mainline 500 LF $ 11 $5,500
Irrigation - ShrublGC (incL qc's +rcv's) 37,000 SF $ 1.15 $42,550
Tree Bubblers (2Ea.) 60 EA $ 75 $4,500
Controller EA $ 4,500 $0
Controller housing EA $ 1,300 $0
SUB-TOTAL IRRIGATION $52,550
PLANTING
Soil preparation (small areas) 37,000 SF $ 0.55 $20,350
Amended topsoil (reuse existing soil) 685 CY $ 12 $8,220
Mulch 37,000 SF $ 0.33 $12,210
Groundcover (F.G.@12"O.C.) 25,000 SF $ 2.50 $62,500
Trees (15 GaL) 30 EA $ 165 $4,950
Shrubs (5 GaL) 200 EA $ 30 $6,000
Shrubs (1 GaL) 800 EA $ 9.50 $7,600
60 Day Maintenance 1 LS $ 2,000 $2,000
SUB-TOTAL PLANTING $123,830
TOTAL LANDSCAPING $184,900
SUB-TOTAL CONSTRUCTION $1,405,327
10% CONTINGENCY $140,533
TOTAL CONSTRUCTION $1,545,860
7/8
ORIGINATING DEPARTMENT:
SARATOGA CITY COUNCIL
AGENDA ITEM: q
CITY MANAGER: 9.....J~
--t~ '.
MEETING DATE: June 7, 2006
-
PREPARED BY: Adam Henig & Joan Pisani DEPT HEAD:
..)
SUBJECT: Teen Center Alternatives
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
In the late 1980's, the Warner Hutton House was located on Sousa Lane and in the Route
85 corridor. Because of its historical significance, Caltrans had to make every effort to
relocate it, or the building would be demolished. After several public hearings, the
Saratoga City Council accepted the building and it was moved to the current location in
1991. The City Council designated that the primary use be for teen activities, and when
not in use for teen programs, it could be used for other city and community activities. It
was also used for the drop-in after-school program for middle school students.
For years the Warner Hutton House was used as an active teen center. Within the last
few years, as the city experienced budget cutbacks, teen programs have decreased
significantly. The only programs held now are fee based, and are limited because of
staffing costs. During the 2005-2006 Fiscal Year, the Youth Commission utilized the
Warner Hutton House just 10 times for teen concerts.
Due to the rising popularity of the concerts, and the need for a larger venue, this was the
flfst year the Multi-Purpose Room ofthe Community Center was also used. Seven
concerts were held at the Center averaging 285 teens per show. The Community Center
was also used for 8 middle school dances and a lecture series.
In June, the Warner Hutton House will begin its restoration program that will include
painting the interior, redoing the floors, repairing the back steps and other minor
improvements. Consequently, concerts at the house, which are currently held about once
a month, will come to a halt. On May 17, 2006 two members of the Saratoga Youth
Commission (Chair Phil Baker & Kelly Burke) spoke to the Saratoga City Council about
the elimination of teen concerts at the Warner Hutton House. Phil and Kelly are
concerned about the lack of space for teen programs.
- 1 -
At its May 24th meeting, the City Council requested that staff explore options for
alternative sites for teens, or teen center alternatives that would fill the void for
Saratoga's teenage population. Three options are listed below.
Option 1: Complete the Warner Hutton House improvements and continue to use the
facility as a teen center.
The Warner Hutton House could continue to be used as the venue for 12 to 15 concerts
per year, commission meetings and teen classes. The Youth Commission has expressed
an interest in a place for teens to hang out on Friday and Saturday nights, but this would
involve an increase in staffing and additional city funding. The current general fund
subsidy to the Teen Services budget is just $42,200, with the remainder of the budget
expenditures covered by program fees and fundraising.
If the Warner Hutton House continues to be used as a teen center, it will not be
compatible with private rentals. The wear and tear on the facility will affect the potential
for increasing the city's revenue. During 2005-06 budget hearings, support for teen
programs was cut substantially. Council directed statfto refurbish the Warner Hutton
House and increase rental revenue. Based on this direction given to staff, the
improvements are now underway.
Option 2: Transition most teen programs over to the Community Center and use the
Multi-Purpose Room for larger teen events such as middle school dances, all concerts and
the lecture series. The Warner Hutton House can be used for some meetings and low
impact teen classes.
Since the beginning of this school year, the Youth Commission and the teen program
have increased usage of the Community Center. They have had a Friday or Saturday
night event at the Center 16 times. The facility rental program can generate up to $1000
per rental, so each night there is a teen event there is a potential loss of rental income.
Estimated total loss offucility rental income is $16,000 per year. Because of the
increased use of the Community Center for teen programs, the revenue goal set by the
Recreation Department for the facility rental program this year will not be met.
Option 3: Explore the option of a stand-alone new teen center. Listed below are some
ideas. Ail would be a significant expense to the city.
1. Lease a vacant building in downtown Saratoga
2. Add a teen wing on to the Community Center.
3. Build a new teen facility between the Community Center and Corp Yard, as
shown in the 1990 Civic Center Master Plan.
4. Build a new teen center at a location to be determined.
-2-
FISCAL IMPACT:
Option 1: The teen concerts at the Warner Hutton House generate approximately $6000
per year. Also, if teen programs were expanded to include Friday and Saturday night
events, an additional $20,000 would need to be allocated to the Teen Services budget for
staff costS.
Once the facility improvements are completed at the house, it is anticipated that
approximately $18,000 in rental revenue can be generated per year.
Option 2: During the 2005-2006 FY, the 16 events (dances, concert, lecture series)
sponsored by teen program and the Youth Commission at the Community Center has
generated approximately $24,000 for the Teen Services budget. While these programs
have done extremely well, the Recreation Services budget for facility rentals lost the
potential to generate up to an additional $16,000 in revenue.
Option 3:
1. Lease a vacant building in downtown Saratoga There are two locations currently
available.
a. 14410 Big Basin Way (Next to Starbucks): 2675 sq ft, $42 sq ft per year =
$112,350 per year.
b. 14440 Big Basin Way (Next to the bakery & Buy and Save Market): 1660
sq ft, $2.35 sq ft per month = $46,812 per year.
2. Add a teen wing on the Community Center. The estimated building cost is $300
per sq ft. Based on this figure, a Community Center addition of2,000 sq ft would
cost approximately $600,000.
3. Build a new teen facility between the Community Center and Corp Yard, as
shown in the 1990 Civic Center Master Plan. A 6,000 square foot building would
cost approximately $1.8 million
4. Build a new teen center at a location to be determined. Based on the $300 per sq
ft cost, a 3,000-6,000 sq ft new teen center would cost between $900,000 to $1.8
million.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
Listed in report.
FOLLOW UP ACTION:
None at this time.
- 3 -
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
None.
-4-