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HomeMy WebLinkAbout06-07-2006 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL :{~;!GZ:T'1iC: ",,;;:,.f,<;jP 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. .,. 6 ~ "'..... ,'.:. 6/21 7/5 7/19 8/2 8/16 9/6 9/20 10/4 10/18 II/I II/IS 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. <, Attachment 2 T AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID=7 57348231... 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 rl1 5/412006 8:35 A~ , AIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=75734823 I.. 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 ---"-'-'- _ _ ______--'lJ.1?1l1l1i R'~, AM I AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID=75734823 I... 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 -.('11 5/4/20068:35 AM { AIS Doclllllent Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID~7 57348231.. ld 19 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 -"-'-," "IAI'Jf\f\':':' Q.":l, Al\..r 'AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID=75734823 I... 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 ..... '\/.dl?flOf\ ~.~'\ AM I AIS Document Retrieval 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 http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID~75734823l.. (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 ~. . ~I.t/,.,.^^r n_....~ ...... 1 AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID=7 5734823 I... 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 ofl1 5/4/2006 8:35 AM , AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?WAISdocID=75734823l.. 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 .>[11___._ 5/4/20068,35 AM T AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID=7 5734823 I... 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. --..2liL-__... 5/4/2006 8:35 AM 1 AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID=75734823 I.. 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 1 of I L.._ 5/4/2006 8:35 AM r AIS Document Retrieval http://www.leginfo.ca.gov/cgi-binlwaisgate?W AISdocID=75734823 I... 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. illlL_.~ 5/4/20068:35 AM 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. 90 I Ch. 928 -2- 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 90 I -3- Ch. 928 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. 90 I Ch. 928 -4- (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 90 I -5- Ch. 928 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 90 I Ch. 928 -6- 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 90 I -7- Ch. 928 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 90 I Ch. 928 -8- 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. 90 I -9- Ch. 928 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 90 I Ch. 928 -10- mandated by this act, within the meaning of Section 17556 of the Government Code. o 90 I B 435 Senate Bill- CHAPTERED http://ct2k2.capitoltrack.comIBills%5Csen%5Csb _ 040 1-0450%5Csb.. 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 of9 ~-_.._~~---~~~_.._..._-_.-...~-~---~-~--- 5/4/20068:32 AM B 435 Senate Bill- CHAPTERED http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _040 1-0450%5Csb... 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 ~+n <;/4/?OOh R.1? AM B 435 Senate Bill- CHAPTERED http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _040 I -0450%5Csb. 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 ~l'O 5/4/20068:32 AM B 435 Senate Bill- CHAPTERED http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _040 1-0450%5Csb... 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 J:"() 5/4/20068;32 AM B 435 Senate Bill- CHAPTERED http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _040 1-0450%5Csb.. 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 ~ ,/4!?()()!i R.1? AM B 435 Senate Bill - CHAPTERED 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _040 I -0450%5Csb.. (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 18 23 19 24 20 25 21 26 .."f'0 5/4/2006 8:32 AM B 435 Senate Bill- CHAPTERED http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _040 1-0450%5Csb.. 22 27 23 28 24 29 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 rn 'i/4/?OOIi R'~? AM B 435 Senate Bill - CHAPTERED http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _ 040 1-0450%5Csb... 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 ,[9 5/4/20068:32 AM B 435 Senate Bill - CHAPTERED http://ct2k2.capitoltrack.com/Bills%5Csen%5Csb _040 I -0450%5Csb.. 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. ..ai'.!L ,111/'lf\f\t:.. Q.'J:'l A"Jr.,f Attachment 3 -..-.----- '_._"-"-"---'--''''---~-''_'''''' _............._.T'.....__ '_______..__.__._____..____ 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 2 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. 4 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). 5 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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"''''000000000 OltlIllIllIllIllIDIlIIlI\DID g~5~(Fj(Fj~(Fjlj~~ ~ ~ M , " , , , , " ~ o " o ~ ~ H Q ~ O~ OM ~" Nm ~~ M ~ M 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 \(]) Ob ~SoO RE.~ CA-B -- ,~o V '6 G 1\$ ~ A ~ 'C'"" CJ 1Vl (\ t-r C' ~ ~ f'^' PI\R~tCJ ___Pr \.. \l CO r-J\)(\C cr;f(l.f5 S l IJ"'t \ \r.. R ('t.fl< Q w'n""",...c PAGE 02 $ltJ~ ~E. RGAit w~\-t-e(' ~ 9/,06(;VW ''''@ <gfLarJ3 S~t1(J(C~8,(J'0Y ~ ~ ~ cD ,. C sr'o1' L.\1\i- emu R<\.~ :slPG: @ A ('t'\ PEeL .:s'fftCPC; \"V5'v\.T Q:) OV\Al fHt~OW.5T1C.1(. P'AC(;J'5 f' f((f N""l po, tfD ~ ~ A-R . (g) ,g.. VOLT c.dNVC=-~lE.(t. H~I\J'i ~Jy "-.(!) 'II Sfi, 8.(lA~~ l Wtf't\ V(56 tJ) .5' (aJ j L G:. l..-A DOE.\l.. q(11 c.1( c I..\~ b.s tP~ CD ((AS"S~tf,?r::fl ~(OS vsorU( L\.,h-r cY R ~A- ~ R (Z.. C l r: {j (t.O ~\\:h., ~ cD F ~ () tJ -r (1, \A t'- l(\(:(L (V\ O~ r-1T r-r. {) f>o Sl ~ \,\ LL E\t- ' p~\\. '{\J\J\(t '$I(>(i( S' - ya v....<<.. cOP'3 ti liO fJ' (J (.) M. v' :t: '" G( " \)(10 ...j- ~ <t 7 'I- - '107ffl :if 3 7 7 / if P (l.GM \ Dli'\I BY W ('t ~ '1(1 fI j-j ~ .. .. .@ .@ 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 I IK !Iud ,J t; <. ell Sfot:e 10 O~. C-,,, ""', c.........( H,e~ tAlo..A Ir. c('vrrVvc 50 70,;'", ( Y(,{ i" LJt.~ b e- ,4~ .1(.00 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 Attachment 3 W LJ ~o 0.... mil) < z ~ o . < u > ~ z " o u < ~ < u < z < ~ ~ o ~ ~ w ~ ~ < > ~ z " o u o w u " " o ,aDZ' - .t r .1""'\ -,+,,- T z o 0' w~ ~, ~~ w_ -1-.!~ j 1 , " ~ ~ ~ -1- z o. om w. m. m~ w- mm. m ~ c 5 . , ;. THIS PLAT IS FOR YOUR AID IN LOCA nNG YOUR LAND WITH REFERENCE TO STREET AND OTHER PARCELS. WHILE THIS PLAT IS seuEVED TO BE CORRECT, THE COMPANY ASSUMES NO UABIUTY FOR ANY LOSS OCCURING BY REASON OF REUANCE THEREON. STEWART TITLE GUARANTY COMPANY. OIl tt "'" III '" . - i.~ lil @ ~I !;/ H' ._,. ~ lllH HJV3d 5 :Ii "',.. :!?i ,,~ z~ ~ . ~ " ~ .... ;:!: -ftJ#_ . .1 c '" . III '" ",... Ill;;; .1> ---7 ~ . ,; ,<,I m I ... lII.po' ,i ;to' '.-------j ~ " ~ ~---i ! ~ ~ S _. . ~. .. .. ,> I z o z <( u .:l !!! i "i '{ .'" -.- j '" 'Youlili.! JI ~ . ~ III ... . i <<, ... .... iii ~.. . ns. o ~f~ ~h8 ~t!" ~1~~ . ") ~th "ill ~~ ! ~ .... ~ \\. lX' v . \:~/ ~' i ", , " "'?<?~ " I ! I Jt I:, " --;" '~ '. \._ ,/~. "'.I' , , \",:""/,1,. ,\\\~\, J> ". ". "'" .l:~l~- . - " ~1j<b~~--- . ,','~- /' n-' ,-/~,., \,~,}:,~;~:<:/<, / "/,,," ~/~" : ,",,\/<<' X /I' "'~ ",'<~,/2~(:>~>;::' ,/, ,,/ .I', ,,-, I ,'<./,,). '):. ~.... "<~(~ ,>' ",.' , / ',/';, ,/'~ / ", ,.//"-, I"'/( .... . ,v'" ;~, v~, /'>/ . ~"<~~, -~< /' , !( ", 'y'\"<( - - .>\ \ <./ '4i:-)\<:' fNM'nL ~ ->',./, ,", .sI..',. ~',,;;, . ! k \~ - .o~k< <<' .(, j I -, I' v {\1 , , 'v'"~ ~ " ""<, ,"- 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>;;~~~~;~ ..>. .................. .... .......... ._j"~~-~~~~~~~~,~,"~~; .-,',,'- ,:- -""'~'~- , ~,;' ,',.o'd:;.i';",,,r' di:;,:..i;&".'.:i.0;;;;1:';'i'~:.j;':,. ,,-~~-" : ',' <,' t.W,;;0.",,,,,~/ '';''';.''_'_ "'lio".,;c:..,c .. 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. Q) I/) ::J 0 Z I/) E C'CS .- - - .- 3: 0 :IE I/) Q) E C'CS . .., j Q) ~ ..c 5 - ( 0 - - ( I/) r::: 0 :0:; C'CS I.. Q) - <( E 'tJ ni r::: 0 C'CS 0 0 r::: .... 0 cD .- 0 - .- 0 'tJ N 'tJ . .... <( M I >. C3 l'G >- ~ rx: 0 oS <( I- l'G :IE ;2 c :::E < Cl ~ f/) .= u.. r:: CIJ Gl 0 Co C ~ 0 - :2 m 0 lXl c o ;:; u 2 ';j r:: . o u or:: o r:: l'G E o n:: I oJ ~ g Wi o n:: a.. I- Z ::::J z o ;::: a.. n:: o f/) w c - f/) !:: z ::::J - ~ ;::: f/) z ~ < w ::::J !:: !!..c ~ iii w w !:: ~ lXl o o lri ..... co co- C') N o o ~ <Ii 0> .. III E i3 III .!!! <( - 5 '0= Q)0lQ) r:: ::; r:: '0 .5 r:: moco:::::Jcm c~mo'ffiQ) Q.) (I) C .5 Q. 0 E Q) ~ U) -.~ c.E.-r::~E '3 C\I :g .2 ~ .... C'"Jctln;>G> Q)m->ro= _muooo C5>2ai"c"'C ~gcnc::ol: _me: wco - ..... 8 E Q) .!::: C\I 0 - C\I 0).....,o00)Q. c:~5eg2:! .- C\I w >.._ Q) Q) C\I" 0."- m=> c.Q)UJmQ.o. _-C\I:J....E'C-'" ~ 0 0 c: '- Cl)EJ:(jj8'~~ CI) -' ~ ~ I o o iii .... co cD M N o o c:i L{) co M o o .0) ~ C'\I t4 G) o o c:i o ..,. .p I f/) ~ w !:: c iii w f/) ~ ...J ~ o I- ~ ui ~ ~ - '0 C .~ In :: wC) I- .~ <]1 z x n:: Q) w- I- 0 ..J .!:: <~ ~ - o '0 ell Q) - Ul .~ - r:: Q) E Q) u .!!! Co Q) a:: 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 CD a:c: .... 3 OIA Z ... l: .. 3 0 =.3 ::J I\) ~~ "'o<! Coo I\) :J: D1'C - _. .... ..'" :l ... .. ". :::!:o ~~ .;t?< !=?D.I 0'< o~ I\) , r- c: 3 0 :l . I\) en ;:;: 3:'" I\) 'U '< - 001\) _n "... . 'U "'.. 0<>. 0.. "'en - "'1J ~ or .., ::J .2. 0 a (I) en en 0 ~ I\) - ~ -I c 'U ~ 0 CD .5!. U> .. - n a D) :!. - 'C - - o' OJ :l -I D) 0 tn ~ (I) r- OJ lJl -. ~ Q, - m lJl c .. m iiO ::J '" 4Jc: S' .. _. :l .. n _. CD - ~ en- m en - iiO 3' .... .... ~ 0 0 -l ~ 0 0 0 - 0 0 !!!. 0 0 0 0 0 0 Cl iiO .. 0 'tl c:U3 ... n" :l .. CD ;:;: III or ::J n =. iiO 0 0 ::J en -l - .... .... ~ 0> 0> sa. l: n .... .... !!!. - .... -.... cr 0 0 ::J .... .... 0 0 0 0 (') =t -< o "T1 ~ o Gl )> ~ C) I s: m z -I 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") CD c: ~~ ~ 3 0 z'l: ~ 0 o ~ 3 ." . 5' '" m en 0-6"0 ~e c:: m ~ Qa "0 S' ::J... .. :a ~~~ . 0 ."Cl 0 p.. ." c: _3 m r- ::l !!: ." en :T -. m m -", en ~~ "'- - - :T- . 3 "'-0 o~ 00 "'< ~ ." 3 ~ ~ ~ .2. lit (I) () - -I c 0 CD In - n ll) ~ - -S' - - is' to ::l -I ll) 0 Ul ~ (I) r- to 111 -. ~ Q, - m !!! c m ... ~ '" "'tJCS' ::!'::l :g ~::;",,- en m ~ ... 3' ~ ~ '" '" -i '" '" 0 0 b - 0 0 !!!. 0 0 b '" 0 0 '" ... n n ~c: !!! _. ::l n _. CD - ... '" '" d la UI '" - '" '" !!!. ... ... .... .... g '" 0 Gl ... ~ 0 ~c: .a -. ::l ~ n _. !!! CD - m ~ n :: ... n 0 ~ ... -i ~ 0 en ~ ~ 0 2 ~ ~ - !!!. !l. <Xl <Xl cr iv iv ~ 0 0 - 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 -) ,'\~':. \ '~:~~',"\ Ii '- , I;.'; '0" ] ') 1:"",1 t" ~ ' ...... - '-'-' . .: I \;:\ 3/3//07 l'i} \,\, ('" /'1 "\..,C;/,~'-'" ,I \! \ \_ _.' ,,,-, . / ",<,~::" I ::.:.;.-.. '~':':,,,~~",.::.,,,.'~~; (<~).'~\\"'; . .....;",.;;.:;;:.!<t C,\\..\~_~>.:.>? ~-..,;,:.:.~~~:,~-;".." ,..... -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 ~ . 11 {/ ~ ( I 1.--..."::4~ I --.-.' ,---- I j I "T<: I ' J I , I ' ; , [1' i , J I I I I I I I 'I . / '\ ... i fil 11' ~.- :~:D" . . Co a J lIB II ~ i~ hi !if !ii' 011 .~..e' ''Ii - ",,,}o.'UW:J '~i .. o ., .. I' o;;...~:":jj--"'~- ~ -.. -" ~, !~i .Ii, I . ...,,,,,.os'~\ ~..t: ,.. ~ . :i- f' . ~~~'-Vi.~-' . I " ~ Ii _.":'r' "T''''~._ ?..'. ~ifi1,!- . " <( c)' . 0/ /~ - t r ~ ~ 13 ~ .. I , - .f J a ~)l ill "f I W lll8iJ tJ !!, o II, .......--oJ ,I. ~ t~ Ji -/'>-,' \\ \ \ \~.- .. Q. .., .. .. " :! 11 ~ " ~ ~ j I ~ ! ~ 8 <Jl R.~ 8 .E ~ g DD-.;.t --r-r .. ~ .~ H~" Jla. a.~ fi &::~ :i Cl:I € €~u €~ 01. \ <. 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 i' - _. u_... __ ___ . '_"'___~_____"___~__"____ -,"-- "---.......---..---...---- \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 /v ~ - www.avery.com 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 _ Il.l:lAw-nn-nna-1 __. ~ 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 __. _________. ..Og~S :I.LYldW:I.1. ""l.JaAV asn ':;Impres~ion antibourrage et a sechage rapide - www.avery.com ~: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 i;;'m al1d Smudge Free Printing -"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 &,~.... 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:. _. ___..__ ~am and Smudge Free Printing 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 ..:... 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 Jam a"d Smudge Free Printing . 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 l' ...;...., 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 ~'. . "'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 ."\-; ~.;;;;.- - www.avery.com - 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 ~ AVERV@ 516l)GD 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 - Jam and Smudge Free Printing 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 --.'-.---. ....w._.---=:L - www.avery.com 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 - 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 _l.t.l3..~........ ......^-I ~ AVERVQl) 5160<1> 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 ......_....___.e _____ ..Jam and Smudge Free Printing . 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 \;t ,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 ..~, ... i"':, ';:, .i ;.'. - www.avery.com - 1-8oo-GO.AVERY 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 ~ AVERV@ 516041) 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 N + 2!ll "" l,cooFeel 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-