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Home My WebLink About08-02-2006 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL AUGUST 2, 2006 >- ~ o u u..i > ~ u ~ <t: OPEN SESSION - 5:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE JOINT MEETING WITH SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) CLOSED SESSION- 6:30 P.M. - ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUlTV ALE AVENUE ANNOUNCEMENT OF CLOSED SESSION ITEMS PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code 54957) Title: City Manager REGULAR MEETING -7:00 P.M. - CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUlTVALE AVENUE PLEDGE OF ALLEGIANCE ROLLCALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 27,2006,) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Al!: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 staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Report from Saratoga Area Senior Coordinating Council (SASCC). Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS None CEREMONIAL ITEMS IA. Proclamation Declaring September 2006 as "California Wine Month" Recommended action: Present proclamation. SPECIAL PRESENTATIONS None 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. 2A. Check Register Recommended action: Accept register. 2B. Adoption ofan Ordinance Amending Section 9-15.065 ofthe Saratoga City Code Relating to Vehicles Used as Living or Sleeping Quarters Recommended action: Adopt Ordinance. 2C. An Ordinance of the City of Saratoga Amending Section 15-12.160 of the Saratoga City Code Relating to Storage of Personal Property (Including Boats and Recreational Vehicles), and Section 15-95.030(B) Relating to the Enforcement of Such Storage Regulations, and Adding Section 15-06,535 Providing a Definition of "Recreational Vehicle." Recommended action: Adopt ordinance. 2D. Resolution Supporting the Appointment of Shan Berry to the Santa Clara County Council on Aging Recommended action: Adopt resolution. 2 2E. 2006 Pavement Maintenance Program - Rejection of Bids Recommended action: 1. Reject all bids for the 2006 Pavement Maintenance Program 2. Direct staff to re-bid project. 2F. 2006 Pavement Management Program - Award of Construction Contract Recommended action: 1. Declare El Camino Paving the lowest bidder. 2. Award construction contract to EI Camino paving in the amount of $706,500. 3. Approve additional work to contract in the amount of $200,000. 4. Authorize staff to execute change orders to the contract up to $100,000. 2G. Resolution Supporting the Establishment of a Sub-Region for the Purpose of Locally Administering the Association of Bay Area Government's (ABAG) Regional Housing Needs Allocation Process Recommended action: Adopt resolution. 2H. Final Map Approval for Three Lots Located at 20045 Mendelsohn Lane Recommended action: I. Adopt resolution granting final map approval of tentative map application No 03-112 for three lots. 2. Authorize City Manager to execute the Subdivision Improvement Agreement 21. Resolution Supporting State Legislation to Create an Independent Redistricting Process Recommended action: Adopt resolution. PUBLIC HEARINGS 3. Adoption of an Ordinance Amending Saratoga City Code Sections 14-25.11 0, 15- 80.090 and Article 16-60 Concerning the Emergency Warning Alarm System and Adopting by Reference the Saratoga Fire Protection District Standards and Requirements for The Early Warning Alarm System Recommended action: Conduct public hearing on updated Early Warning Alarm System (EW AS) Ordinance and adopt ordinance. 4. Approval of Joint Powers Agreement for California Municipal Finance Authority (CMF A), Public Hearing Pursuant to Tax Equity and Fiscal Responsibility Act ("TEFRA") and Consideration of the Issuance by CMFA of$II,OOO,OOO of Tax- Exempt Conduit Bonds to Finance or Refinance the Costs of the Acquisition, Construction and Improvement of Certain Educational and Related and Ancillary Facilities at the St. Andrews Parish Located at 13601 Saratoga Ave, Saratoga, CA, 95070 3 Recommended action: Conduct the Public Hearing Adopt the resolution approving the tax-exempt financing by CMFA and the issuance of the revenue bonds by the CMFA for Saint Andrew's School and approving the City's membership in the California Municipal Finance Authority (CMF A), a joint powers authority. 5. 2006 Weed Abatement Program Assessment Report Recommended action: Conduct public hearing and adopt resolution. OLD BUSINESS 6. Kevin Moran Park - Conceptual Design Process Recommended action: Accept report and direct staff regarding the process to develop a conceptual plan based on the neighborhood model to have ready to present to the Council for approval at the September 6, 2006 meeting. 7. Allocation of One -Time Funding Requests from Wildlife Center of Silicon Valley and the Saratoga Chamber of Commerce Recommended action: I. Accept report and direct staff accordingly. 2. Adopt resolutions. 8. Direction to Staff Regarding Proposed Amendments to Hakone Gardens Lease with the Hakone Foundation to Facilitate Development of a Visitor Center Recommended action: Accept report and direct staff to work with representatives of the Hakone Foundation to draft lease amendments that would provide for a City contribution of $250,000 towards the cost of developing a visitor center at Hakone Gardens. 9. Capital Improvement Plan (CIP) - Fiscal Year 06-07 Update 2nd Review Recommended action: 1. Accept report and direct staff accordingly. 2. Adopt resolution amending the FY 06-07 Budget. NEW BUSINESS 10. Vector Control Update on Wildlife Program Status and West Nile Virus 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 4 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 ofSCC Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District City/School AdHoc Councilmember Ann Walton smith KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Board Saratoga Historic Foundation Sister City Liaison Councilmember Kathleen Kin!! 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 11) Certificate of Posting of Agenda: 1, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for t7(e meeting of the City Council of the City of Saratoga was posted on July 27, 2006, CitypfS a, 13777 FruitvaleAve., Saratoga, CA 95070andwasavailableforpublic revie at t t atlOn. 'he agenda is also available on the City's website at .isara ca. us \ 5 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2006 8/16 Summer Recess - No Meeting 9/6 Regular Meeting - Joint Meeting with Planning Commission 9/20 Regular Meeting 10/4 Regular Meeting 10/18 Regular Meeting 11/1 Regular Meeting 11/15 Regular Meeting 12/6 Regular Meeting - Joint Meeting with Planning Commission - Council Reorganization 12/20 Regular Meeting - Joint meeting with Heritage Preservation Commission 1/3 Regular Meeting 1/17 Regular Meeting 6 SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: \.~ YJ~/ ORIGINATING DEPT: City Manager's Office PREPARED BY: ~~' Cathleen Bover. Citv Clerk CITY MANAGER: DEPT HEAD: Dave Anderson. Citv Manaper SUBJECT: Proclamation Declaring the Month of September 2006 as "California Wine Month" RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: The attached proclamation declares the month of September 2006 as "California Wine Month". Governor Arnold Schwarzenegger applauded California's vintners and winegrape growers on May 2, 2006 for their economic contributions and "steadfast commitment to the highest standards of excellence" by issuing an official proclamation designating September 2006 as "California Wine Month." This is the second year that the Governor has honored the state's wine industry with a special proclarnation. Bill Copper, Saratoga resident and owner of Cooper-Garrod Estate Vineyards, contacted the Mayor Kline and requested a similar proclamation to be issued from the City of Saratoga. 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 proclamation. CITY OF SARATOGA PROCLAMATION DECLARING SEPTEMBER 2006 CALIFORNIA WINE CELEBRATION MONTH WHEREAS, Governor Amold Schwarzenegger applauded California's vintners and winegrape growers on May 2, 2006 for their economic contributions and "steadfast commitment to the highest standards of excellence" by issuing an official proclamation designating September 2006 as "California Wine Month." This is the second year that the Governor has honored the state's wine industry with a special proclamation; and WHEREAS, California's rich soil and temperate climate is fertile ground for the hopes and dreams of hard working wine grape growers and vintners; and WHEREAS, California is the fourth largest wine producer in the world; and WHEREAS, the Santa Cruz Mountains has been recognized as a premium wine producing region since the late 1800's when local winegrowers first began to win acclaim for their wines in national and international competitions; and WHEREAS, in 1981 the Santa Cruz Mountains Viticultural Appellation became federally recognized, one of the first American viticultural areas to be defined by geophysical and climatic factors. The appellation encompasses the Santa Cruz Mountain range, from Half Moon Bay in the north, to Mount Madonna in the south. The east and west boundaries are defined by elevation, extending down to 800 feet in the east and 400 feet in the west. NOW, THEREFORE BE IT RESOLVED that the City of Saratoga of the City of Saratoga does hereby proclaim September 2006 as CALIFORNIA WINE CELEBRATION MONTH WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 6th day of August 2006. Norman Kline, Mayor Saratoga, California ~ SARATOGA CITY COUNCIL ORIGINATING DEPT: Admin. Svcs. 'j{ AGENDA ITEM: ) A aTYMANA~ ~ DEPT HEAD: "- Michele Braucht MEETING DATE: 08/02/2006 PREPARED BY: SUBJECT: Check Register for 06/27/2006 RECOMMENDED ACTION: That the City Council accepts the Check Register for 06/27/2006. REPORT SUMMARY: Attached is the Check Register for 06/27/2006. The checks were released on 06/29/2006. Payroll checks were released on 06/22/2006. Starting Ending Total Type of Checks Date Checks # Check # Checks Amount Account Payable 06/29/06 102456 102566 III $557,522.20 Payroll 06/22/06 31676 31701 26 $119,076.29 TOTAL $676,598.49 The prior Check Register for 06/13/2006 ended with check number 102455. Check#102513 to Lloyd F. Mc Kinney Associates, Inc. was voided for $15,743.44 due to error. Check#102567 was a manual check for $3793.60 to Lloyd F. Mc Kinney Associates, Inc. replacing Check#1025 13. Following is a list of checks issued for more than $10,000.00, and a brief description of the expenditures. Check # Issued to Fund Dept Purpose Amount 102484 Santa Clara County-Sheriff General Police Services Sheriff Contract - May $262,892.88 102484 Santa Clara County-Sheriff Infra CIP Saratoga Gateway Sheriff Traffic Assist $822.95 102498 Golden Bay Construction Infra CIP Saratoga Gateway Progress Billing #11 $103,473.75 102513 Lloyd F. Mc Kinney General Facilities Main!. Theater Sound System $15,743.44 102528 Pacific Gas & Electric Various Various GaslElectric - June $14,015.79 '02537 Robert A. Bothman, Inc. Various Various Build Granite Steps - Hakone Gardens $21,105.00 2546 Shute, Mihaly & Weinberg Various Various Legal Services - April $25,522.28 " t Fund # Fund Description AlP Total PR Total Total 001 GereraI 354,879.61 22,541.71 377,421.32 150 Streets & Roods 2,259.12 17,498.11 19,757.23 202 Fredicksburg T 25.53 25.53 203 o-eenmar T . 139.35 139.35 204 Q,Dto ughting 1,188.11 1,188.11 205 Azule ughting 259.14 259.14 206 Sarahi1ls ughting 283.99 283.99 207 Vill8l(e ughting 2,177.20 2, 177.20 209 MDutysville T 259.12 259.12 210 Tricia Woods 41.87 41.87 211 Arroyo De . T 41.96 41.96 212 I.eutar Court T 46.23 46.23 215 Bonnet Wa 506.22 506.22 216 Beaucm1'1T1< I 40.90 40.90 222 Prides . ,r 116.27 116.27 226 Bellgrove LLD 1,987.81 1,987.81 227 GlasgowT 116.75 116.75 229 Tollgate LLD 81.67 81.67 231 HJrseshoe LLD 7.72 7.72 232 ,T 380.22 380.22 250 Devel Services 3,592.43 52,487.26 56,079.69 260 EnvironrrentaI SRF 7,123.57 5,223.16 12,346.73 270 mBG - Federal Grants 15,567.01 15,567.01 290 Recreation 8,460.46 17,253.42 25,713.88 291 Teen Services 175.00 3,200.66 3,375.66 351 Public Safety 20,448.99 20,448.99 352 Infrastnrtures 108,140.62 871.97 109,012.59 354 Park and Trails 4,485.50 4,485.50 502 Infonrntion Techoology ISF 5,277.73 5,277.73 503 Facility . ISF 7,153.60 7,153.60 601 CD TPnncit-Arborist Review 231.25 231.25 604 PI 't Pre 2006 5,286.75 5,286.75 605 PI 't 07/01/05 2,423.00 2,423.00 742 Oty Fntraoce Si 3,600.00 3,600.00 791 Kevin lvbran 717.50 717.50 1UfAL 557,522.20 119,076.29 676,598.49 . 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Q.ii-lQ.l<!l H tIl .. .: 0 Q) Q) Q) ~ <l.I III i-I cd 1Il '0 0:: Ul 1I1 ra M ..::> 0 Cl ~ 10.< tI) '01-1 U ..c:..Cl (J) 0............................. <ll '-' C ::l ~ UlO::U 'O~'Orcl~lIluCQ)..Qu t= ceo 0'" 0..... rl In Q) O:ll 0...... 0:: W <Il ::l ;:l I-I..c: 1-1 1-1 <II o",..c U>o<t:O::>lIl(I.,rz..ll.,E-<o..o..UQU ~o ~ ~o 00 00> ~ 00 " " 00 Q ~~ ~~ 000 ~~ "~ SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: )B f2J~ ORIGINATING DEPT: Community CITY MANAGER: evelop ent DEPT. HEAD: PREPARED BY: SUBJECT: AN ORDINANCE OF THE CITY OF SARA TOGA AMENDING SECTION 9-15.065 OF THE SARATOGA CITY CODE RELATING TO VEHICLES USED AS LIVING OR SLEEPING QUARTERS RECOMMENDED ACTION: Adopt ordinance. DESCRIPTION: The City Council considered and introduced the attached ordinance following a public hearing on July 19, 2006. Council made several revisions to the text of the proposed ordinance which are reflected in the final version of the ordinance attached. Those revisions make the following changes: 1. All references to weeks are converted to days; 2. Conformed to proposed section 15-12.160 to rnaking the annual limit for days of use be 18 days; 3. At least a 15 day separation is required between uses for consecutive calendar years; 4. Notice requirernents are revised to ensure notice to all property owners within 300 feet of the parcel on which occupancy will occur (this includes notice to all adjoining and all other properties within 300 feet of the parcel on which the use will occur, not simply 300 feet from the specific site that is the subject of the permit request); 5. Referenced the definition of "recreational vehicle" in Section 15-06.535 that will be added by the ordinance addressing section 15-12.160; 1 6. Make explicit the authority of the Cornmunity Development Director to reduce the separation between uses in consecutive calendar years, or allow continued parking and occupancy while an application or appeal is pending; and 7. Technical corrections and revisions. ENVIRONMENTAL DETERMINA nON: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15061(3). The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments are clarifications only and the update of the ordinance would not have any impact on the environrnent. ALTERNATIVES: Decline to adopt the ordinance or adopt additional amendments and schedule the matter for further consideration at the next Council meeting. FISCAL IMPACTS: Not applicable. FOLLOW UP ACTION(S): Codify ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. (Notice of prior public hearing given pursuant to Government Code Sections 65853 and 65090.) ATTACHMENTS: Proposed Ordinance 2 ORDINANCE AN ORDINANCE AMENDING SECTION 9-15.065 OF THE SARATOGA CITY CODE RELATING TO VEHICLES USED AS LIVING OR SLEEPING QUARTERS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeolil). Text in standard font remains unchanged by this ordinance. Section 9-15.065 of the Saratoga City Code is amended to read: 9-15.065 Vehicles used as living or sleeping quarters. No vehicle, including any boat, bus, trailer, motor home, recreational vehicle (as defined in Section 15-06.535), van, camper (whether or not attached to a pickup or other vehicle), camp trailer, automobile, truck, pickup, airplane, haul trailer, truck tractor, truck trailer, utility trailer, or any device by which any person or property may be propelled, moved or drawn, shall be used for living or sleeping quarters, except as permitted below: Onlv one trailers, motor home. campers or recreational vehicles at a time may be used fur livinl! or sleeDinl! Quarters by a bOlla fide gHes~ sf a City resiaellt for a mta.I period for all of such uses not to exceed sevellty !\vo llllHrs where 18 davs iD one calendar vear. There shall be at least 15 calendar davs seDaration between anv such uses in consecutive calendar mu. the tFililer, caHlfler or reereatisoal vehicle is located 00 sHcll resident's property. Upon written request, from a City resident, the Community DeveloDment Director City Manager or lHs the Community DeveloDment Director's designee may for l!ood cause grant reasonable time extensions ofthis 18 dav limitation Der calendar vear. reduce the seDaration between uses in consecutive calendar vears. or allow continued narkinl! and OCCUDancv while an aDDlication or anDeal is DendiDl! e)(emptioll perioa. No such time extension mav cause the calendar vear limit to be exceeded bv more than an additional 14 davs unless an aDDlication has been filed therefor and at least ten davs before a decision on the aDDlicatio,! is made notice has been piven to all owners of DrODertv within 300 feet of the Darcel on which the temDorarv narkinl! and OCCUDancv extension is DroDosed. Prior to a trailer. motor home. camDer or recreational vehicle not owned bv a resident of the nrODerty beinl! broul!ht onto DroDertv aDd used for Iivinl! or sleeDinl! Quarters. the resident of the DroDertv shall annlv for. oav the anolication fee for. and obtain a temnorarv narkin!! and occunancv Dermit from the Community DeveloDment Director or hislher desil!nee. Section 2. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, 1 enhancement, or protection ofthe environment) and CEQA Guidelines Section 15061 (b )(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Clarification of Existing Law. With the exception ofthe requirement for a temporary parking and occupancy permit for living or sleeping in those types of vehicles for which it is allowed, this proposed ordinance will merely clarify language in the City Code relating to vehicles used as living or sleeping quarters. The proposed clarifications would not cause a change in existing law. This ordinance would instead clarify and reconfirm existing law. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published 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 of the City of Saratoga held on the 19th day of July, 2006, and was adopted by the following vote following a second reading on the 2d day of August, 2006: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE CITY OF SARA TOGA Saratoga, California CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY 2 SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: J-c W-7~ ORIGINATING DEPT: Community CITY MANAGER: Dev~nt PREPARED BY: V1~ DEPT. HEAD: /' John . ingstone tone Dave Anderson SUBJECT: AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SECTION 15-12.160 OF THE SARATOGA CITY CODE RELATING TO STORAGE OF PERSONAL PROPERTY (INCLUDING BOATS AND RECREATIONAL VEHICLES), AND SECTION 15-95.030(b) RELATING TO THE ENFORCEMENT OF SUCH STORAGE REGULATIONS, AND ADDING SECTION 15-06.535 PROVIDING A DEFINITION OF "RECREATIONAL VEHICLE." RECOMMENDED ACTION: Adopt ordinance. DESCRIPTION: The City Council considered and introduced the attached ordinance following a public hearing on July 19, 2006. Council made several revisions to the text of the proposed ordinance which are reflected in the final version of the ordinance attached. Those revisions make the following changes: I. All references to weeks are converted to days; 2. At least a 15 day separation is required between uses for consecutive calendar years; 3. Notice requirements are revised to ensure notice to all properties within 300 feet of the parcel on which occupancy will occur (this includes notice to adjoining and all other properties within 300 feet of the parcel on which the use will occur, not simply 300 feet from the specific site that is the subject of the permit request); 4. Make explicit the authority of the Community Development Director to reduce the separation between uses in consecutive calendar years, or allow continued parking and occupancy while an application or appeal is pending; and 1 5. Technical corrections and revisions. ENVIRONMENTAL DETERMINA nON: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15061(3). The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments are clarifications only and the update of the ordinance would not have any impact on the environment. ALTERNATIVES: Decline to adopt the ordinance or adopt additional amendments and schedule the matter for further consideration at the next Council meeting. FISCAL IMPACTS: Not applicable. FOLLOW UP ACTION(S): Codify ordinance. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. (Notice of prior public hearing given pursuant to Government Code Sections 65853 and 65090.) ATTACHMENTS: Proposed Ordinance 2 ORDINANCE AN ORDINANCE AMENDING SECTIONS 15-12.160 AND 15-95.030(b) AND ADDING SECTION 15-06.535 OF THE SARATOGA CITY CODE RELATING TO STORAGE OF PERSONAL PROPERTY AND MATERIALS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-underlined font (e.g., bold double-underlined) and text to be deleted is indicated in strikeout font (e.g., strilcemll). Text in standard font remains unchanged by this ordinance. Ellipsis ("****") indicate existing text within a section of the section being amended that is not reprinted in this ordinance and that is not amended by this ordinance. A. Section 15-12.160 of the Saratoga City Code is amended to read as follows: 15-12.160 Storage of personal property and materials. (a) Unenclosed storage of personal property is not permitted in aH-Y R 1 this district. excent as nrovided in subsection (b) below. (b) Unenclosed storal!e of nersonal nronertv is nermitted in this district in anv area other than Ne!m.X portion of any required front yard, and no portion of any required exterior side or rear yard of corner lots, anti rear yards of double frontage lots and anv unimnroved narcel or anv unimnroved ril!ht-of-wav of anv oublic street. in which areas such storal!e is orohibited. except as hereinafter pr-oviaea, shall, In those nrohibited areas. one or more ofthe items listed in subsections (1 Hhrouph (5) below mav be stored so lonl! as such storal!e is not for any period of time in excess of five consecutive days.and not in excess of a total of 18 davs in anv calendar vear. be lIsed for the lIHenclesea sterage of any of the follewiflg. For examole. if multiole items listed in subsections (1) throul!h (5) below are stored concurrentlv in the orohibited areas for five consecutive davs. such storape shall constitute a total of five davs of the 18 davs allowed ner calendarvear. On the other hand. if. for examnle. a boat is stored for four consecutive davs and subseouentlv a recreational vehicle is stored for three consecutive davs. such storal!e shall constitute a total of seven davs of the 18 davs allowed ner calendar vear. There shall be at least 15 calendar davs seoaration between anv such uses in consecutive calendar vears. No item nrohibited bv this section from additional time of storal!e mav be stored on such site or vard unless in comoliance with subsection (c) of this Section or nursuant to a temnorarv storal!e nermit issued nursuant to subsection (d) of this Section. (1) Motor vehicles, except this section does not limit storal!e of automobiles in fully operational condition and currently registered and licensed for operation on public highways and in canable of normal daily use by the occupants of the site. (2) Recreational vehicles and trailers of any kind or make. Carnper units detached from the truck or other motor vehicle for which they are designed or customarily used 1 shall be considered trailers for the purpose of this Section. (3) Boats. (4) Parts of any of the items of property described in (I), (2) or (3) of this subsection. (5) Building or construction materials, except this section does not limit storal!e of those materials reasonably required for work under construction on the premises pursuant to a valid and effective building permit issued in accord with Chapter 16 of this Code. or for work as to which no buiJdinl! nermit is reouired and which involves storal!e for no more than 30 days. In the event the huildinp nermit is for new construction or remodellinl! affectinl! more than fifty nercent of either the floor area or the exterior walls. Section 16-75.050 shall anDlv. (6) Traah, gaFilage or refuse, e)(eept as provides by .'\rtiele 7 OS in Chapter 7 ofthis GOO&, }'tIlY of the foregoillg items of property ',vhich hEl'/e beell stored on a site or )'lIr-d described hereill fer less than five cOllseeHtiye d8J's IIIld tilell feHlOYOS, shall not again be stored Oil sHch site or yard unless ill eOllljllianee y;ith sHBseetion (c) of this Seetioll or pllfSUllllt to a tellljlorlll}' use permit issHes pursuant to soosection (d) sf this Seetien. (c) The items of property described in subsection (b) of this Section may be stored in exterior side and rear yards of corner lots and rear yards of double frontage lots for periods in excess of five consecutive days or a total of 18 davs in anv calendar vear where a fence has been legally constructed andlor a comDact everpreen hed!!e or other everpreen screenin!! has been le!!allv installed of sHffieiellt at least six feet in height and of a type which screens the stored property from public view and reasonably prevents such property from becoming a nuisance. (d) The Community Development Director shall have authority, in cases of practical difficulty or hardship, to grant temporary permits for storage of the items of property described in subsection (b) of this Section in front, side or rear yards of sites for limited periods of time in excess of five=consecutive days or in excess of 18 davs Der calendar ~. Application for such storage permits shall be in writing, on forms furnished by the City and shall include a site Dlan showin!! the area of the reouested stora!!e.1IHd Any permit issued pursuant thereto shall be in writing, shall describe the personal property to be stored, and the location and time limit of the storage. The Community Development Director may impose reasonable conditions in any such storage permit, which shall be agreed to in writing on the face of the permit by the applicant prior to the permit being issued. No such Dermit may cause the calendar vear limit to be exceeded bv more than aD additional 14 davs unless at least ten davs before a decision on the aDnlication is made notice has been !!iven to all owners of nrODerty within 300 feet of the Darcel on wbicb the stora!!e is DroDosed. The Community DeveloDment Director shall also have the authority. for f!ood cause. to reduce the seoaration between uses in consecutive calendar veSTS. or allow continued temnorarv stora!!e while an anDlication or aDDeal is Dendin!!. (e) For purposes of this Section, the term "unenclosed storage" means storage of items which are not completely enclosed within a structure or completely screened from public view by a permanent solid fence or wall which structure, fence or wall has been constructed or installed in accordance with Chapter 15 of this Code. 2 B. Section 15-95.030(b) of the Saratoga City Code is amended as follows: 15-95.030 Storage of personal property and materials. **** (b) The violation of any of the following regulations contained in this Chapter is hereby declared to be unlawful and shall constitute an infraction and a public nuisance subject to the remedies. fines. nunishments or penalties as prescribed in Chapter 3 of this Code (all of which are cumulative): **** (3) Regulations concerning the storage of personal property and materials, as set forth in Sections 15-12.160, 15-13.160, 15-17.160 and 15-80.060, subject to the provisions of Article 9-55 andlor Articles 3-15 and 3-20. C. Section 15-06.535 is added to the Saratoga City Code to read as follows: 15-06.535 Recreational vehicle. "Recreational vehicle" means anv vehicle used for recreation and desilmed for human habitation for recreationaL emerpencv. or other occunancv. and not includin~ n3SSen!!er vehicles. Section 2. California Environmental Quality Act Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Clarification of Existing Law. Except for deleting Section (b)( 6) in Section A and for Sections B and C, this proposed ordinance will merely clarify language in the City Code relating to the storage of personal property and vehicles. The proposed clarifications would not cause a change in existing law. This ordinance would instead clarify and reconfirm existing law. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. 3 The foregoing ordinance was introduced and read at the regular meeting ofthe City Council of the City of Saratoga held on the 19th day of July, 2006, and was adopted by the following vote following a second reading on the 2d day of August, 2006: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE CITY OF SARATOGA Saratoga, California CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY 4 MEETING DATE: August 2, 2006 AGENDA ITEM: LD &? Jc:::Y'- SARATOGA CITY COUNCIL ORIGINATING DEPT: City Mauager's Office CITY MANAGER: PREPARED BY: C.e)Q,~ DEPTHEAD: Cathleen Bover. City C~rkl Dave Anderson. City Manal!er SUBJECT: Resolution Supporting the Appointment of Shan Berry to the Santa Clara County Council on Aging RECOMMENDED ACTION: Adopt the attached resolution supporting SASCA's decision to appoint Shan Berry to the County Council on Aging. REPORT SUMMARY: Attached is a resolution supporting the appointment Shan Berry to the County Council on Aging. At their June 27, 2006 Board meeting the Saratoga Senior Coordinating Council (SASCC) voted to appoint Shan Berry to the County Council on Aging. Ms. Berry has been a resident of Saratoga for the past thirty years. Ms. Berry serves on the Social Justice Education Committee at her church, is an active volunteer for the Catholic Charities Day Break Program, and is a member and a volunteer for the San Jose Association of Late Deafened Adults (ALDA). Ms. Berry is also a member of SASCC. FISCAL IMPACTS: NIA CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Saratoga would not have a representative on the County Council on Aging. ALTERNATIVE ACTION: NIA FOLLOW UP ACTION: Send a certified copy of the resolution to the County Council on Aging. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting ofthe Council Agenda. ATTACHMENTS: Attachment A - Letter from SASCC Attachment B - Email from Shan Berry Att.~.hm"nt r - Resolution of Annointment SASCC P.O. 8013033 SARATOGA, CA 95070 (408) 1l68-1257 JUL "- 2006 C1l July 27, 2006 Cathleen Boyer, City Clerk City of Saratoga Saratoga, CA 95070 Dear Cathleen: This is to inform you that the Board of Directors on June 27, 2006, approved the recommend- dation of Shan Berry as the Saratoga representative to the Council on Aging Advisory Committee. Shan is a member of SASCC, has been a resident of Saratoga for thirty years, and has other qualifications that we believe will make her an excellent representative for the City and the citizens of Saratoga. We therefore request the City Council to appoint Shan Berry as the City's representative, and ask that you agendize this item. Thank you. Sincerely, ~/V~/ j;LQ5L~ ~nie Dee, Executive Director Carinxfor and serving tbe needs ojSaratoga Area Seniors shan(cl)debmusic.com wrote: From: "Shan Berry" <shan(cl)debmusic.com> To: "Genie Dee" <qdee(cl)sascc.orq> Subject: Brief Bio Date: Mon, 5 Jun 200618:55:02 -0700 Genie, I would like to serve as Saratoga's representative to the Council on Aging Advisory Committee. I'm interested in, and concerned about senior issues and problems. I serve on a Social Justice Education Committee at my church, whose role is to provide education and raise awareness of social issues in the community. I've worked with the Interfaith Council on social justice issues. I'm a volunteer driver for Catholic Charities Day Break program which provides transportation to medical appointments and grocery shopping for the elderly (iow income and frail). I've been a driver for them since 1992. I beiong to ALDA San Jose (Association of Late Deafened Adults) which includes people with all degrees of hearing loss and their spouses. This is a support group to discuss communication strategies and methods of managing life with hearing loss, learning about new technology, etc. I've been a resident of Saratoga for thirty years, and am a member of SASCC. My employment background (for many years) includes Computer Programmer. Systems Analyst, and User AnalysULiaison using large business system mainframes for Defense Contracting companies. Shan Berry 867-6593 RESOLUTION 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING THE SARATOGA AREA SENIOR COORDINATING COUNCIL'S (SASCC) DECISION TO APPOINT SHAN BERRY TO THE SANTA CLARA COUNTY COUNCIL ON AGING WHEREAS, Eunice Cox has served as the City of Saratoga's representative on the Santa Clara County Council on Aging since May 1994; and WHEREAS, Eunice Cox recently resigned from the Council on Aging; and WHEREAS, on June 27, 2006 the SASCC Board voted to appoint Shan Berry to represent the interests of the Saratoga senior population on the Council on Aging; and WHEREAS, Shan Berry has been a resident of Saratoga for the past thirty years; and WHEREAS, Shan Berry's serves on the Social Justice Education Committee at her church and is a volunteer for the Catholic Charities Day Break Program and the San Jose Association of Late Deafened Adults (ALDA); and WHEREAS, Shan Berry is a member of SASCC. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following appointment of Shan Berry is made to the Council on Aging. The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 2nd day of August 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk SARATOGA CITY COUNCIL 2~ vJ~ MEETING DATE: Au!!ust 2nd, 2006 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: SUBJECT: 2006 Pavement Maintenance Program - Rejection of Bids RECOMMENDED ACTION: I. Move to reject all bids for the 2006 Pavement Maintenance Program; 2. Direct staff to re-bid proj ect. REPORT SUMMARY: Sealed bids for the 2006 Pavement Maintenance Program were opened on June 14th. The City received two bids, and these are summarized in Attachment 1. The lowest apparent Base Bid came in at $191,395.81, and was submitted by Graham Contractors. A second bid was received by Valley Slurry Seal in the amount of$219,395.81. Subsequent examination of the bids revealed two problems: I. The bid received from Graham Contractors did not include or reflect the Addendum #1 that was issued by City staff. Acknowledgement of this Addendum is a required condition of the bid process, and in this case was very important relevant to the bids. It could not be verified from City phone logs that Graham Contractors ever received the Notice of Addendum; 2. The bid received by Valley Slurry Seal had "0" entered for the Add Alternate Item, which per the City contract is considered non-responsive. Because technically both of these bids are non-responsive, awarding a contract to either of these bidders would likely result in a bid protest by the other. Because of the problems encountered with both bids, staff recommends rejecting all bids and re-bidding the project. The scope of work and specifications are complete and ready to be re-issued, and the advertisement and bid process could begin immediately. FISCAL IMPACTS: No direct fiscal impacts, other than the cost ofre-bidding the project. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Selecting either bid as the Low Bidder and awarding a contract may result in a bid protest from either of the companies that submitted bids. ALTERNATIVE ACTION(S): Council could direct staff to not re-bid project at this time. Otherwise, no alternative actions 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: 1. Bid Summary. E l! '" o ~ "-", Bg 1:", CO _ I:.s:; m_ crs 'r; >- :0'5 - ..., I: _ ~ ~ <C m 0 C)~~ 0"-- I-~:: <Co.!! ~"'.. <C .. c (J) ~ Ol u.. E'= OEi >"Q. ...",0 _'C'C uiiiiii ; r- '" < E CO .s:: l! Cl c:> c:> c:> 0 c:> '" .,. m ~ 1;; W VI 'I.. m " I: 'c. I: W E l'Cl .... Cl ~ ll.. Q) <> c: l'Cl c: Q) ... c: 'iij :::iE ... c: Q) E Gl > l'Cl ll.. '" 0 0 N ~ '" Cl) - ro c: .... Cl) ... '0 <e: Cl) '0 - ~ "" E 0 c: ~ Q) 'lot: "' c E 0 a. ::> CIl '0 Cl) c 0:: Cl) '0 0 ~ Z . . . SARATOGA CITY COUNCIL ORIGINATING DEPT: Public Works CITY MANAGER: 2F .E c::7 c;-'~ MEETING DATE: Au!!ust 2, 2006 AGENDA ITEM: PREPARED BY: Mor!!an Kessler ,(fi) DEPT HEAD:~erbone ~(I:Q,.... . . - SUBJECT: 2006 Pavement Management Program - Award of Construction Contract RECOMMENDED ACTION: I. Move to declare EI Camino Paving, Inc. of Sunnyvale to be the lowest responsible bidder on the project. 2. Move to award a construction contract to EI Camino Paving, Inc. in the amount of $706,500. 3. Approve additional work to contract in the amount of $200,000.00. 4. Move to authorize staff to execute change orders to the contract up to $100,000. 5. Adopt Resolution amending the Fiscal Year 06/07 Budget. REPORT SUMMARY: Sealed bids for the 2006 Pavement Management Program were opened on Thursday, July 27th. A total of five contractors submitted bids and a summary of the bids received is attached (Attachment 1). El Camino Paving, Inc. of Sunnyvale submitted the lowest bid of $706,500, which is 21 % below the Engineer's Estimate of$894,180. Bid amounts were competitive and were quite favorable considering current petroleum prices. 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 July lOth, 2006. Staff recommends incorporating additional work into the contract in the amount of $200,000 because of the favorable bids received. This additional amount will be fully covered by the PMP budget, and will allow for the overlay of additional City streets per the recommendations of the City's adopted Pavement Management Program. The scope of work includes furnishing all materials, equipment, and labor to install asphalt overlay and re-stripe segments of public roadway at various locations throughout the City (see attached location list). It is therefore recommended that El Camino Paving, Inc. be the lowest responsible bidder on the project, and to award a construction contract this firm in the amount of their bid. Further, it is recornmended that the Council authorize staff to execute change orders to the contract up to an amount of $1 00,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: The following table provides an overview of the current project budget: Budget YTD Balance Recommend Budget YTD Revised Carry- Use of Funds FY 2005-06 Expenses Remaining forward FY 2006-07 Expenses FY 2006-07 Gas Tax - PMP 218,800 218,800 218,800 218,800 GF - PMP 560,200 34,100 526,1 00 500,000 1,000,000 25,000 1,500,000 Total 779,000 34,100 744,900 718,800 1,000,000 25,000 1,718,800 Gas Tax Account # 150-3005-532-5431 General Fund - Street Maintenance Program - PMP Account # 001-3005-532-5431 will fund balance of project funding. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: El Camino Paving, Inc. 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 staff to re-bid the entire project. 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CD M Il'i CD M It'i N co .... o C! .... .... (l) ~ N co .... o It) ..j co .... M It) .... .... NOTICE INVITING BIDS 2006 PAVEMENT MANAGEMENT PROGRAM SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until 10:00 am, Julv 24th, 2006 for the 2006 PAVEMENT MANAGEMENT PROGRAnn.- 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: 2006 PAVEMENT MANAGEMENT PROGRAM 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 2006 PAVEMENT MANAGEMENT PROGRAM, 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 asphalt overlays, striping, 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 s;ompleted within 75 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 June 30th, 2006 2006 Pavement Management Program Streets & Extents to receive Asphalt Overlay Street From To Herriman Saratoga- Saratoga Sunnyvale Pierce Chalet Saratoga- Clothilde Sunnyvale Ansley Place Radoyka End Fernbrook Cl. Brookglen End Lynbrook Cl. Brookglen End Greenbrook Ct. Brookglen End Brookglen Prospect Sellwood Cyril PI. lSaratoga Cree End Plymouth Brockton Needham Plymouth Needham Holyoke Plymouth Holyoke Nantucket Plymouth Nantucket Dorchester Holyoke Plymouth End Nantucket Plymouth End SARATOGA CITY COUNCIL ORIGINATING DEPT: Community Development ~~ CITY MANAGER: 2\G- {2J c:::2f- MEETING DATE: August 2, 2006 AGENDA ITEM: PREPARED BY: a Vasudevan AI P SUBJECT: CONSENT ITEM - Approval of a Resolution by the Saratoga City Council supporting the establishment of a Sub-Region for the purpose of locally administering the Association of Bay Area Government's [ABAG} Regional Housing Needs Allocation Process. RECOMMENDED ACTIONS Staff recommends that the City Council approve a Resolution (attachment 1), which: (1) Supports the establishment of a sub-region for the purpose of locally administering the Association of Bay Area Government's [ABAG] Regional Housing Needs Allocation [RHNA] Process; and (2) Supports ABAG's request to the State Department of Housing and Community Development to extend the deadline for the formation of sub-regions from August 31, 2006 to September 30, 2006. BACKGROUND The RHNA is a state-mandated process for establishing a fair-share allocation of needed housing, including affordable housing, among local jurisdictions in the State. State Housing Element law (Article 10.6 of the Government Code) requires the California State Department of Housing and Community Development [HCD] to prepare regional housing needs determinations. The regional needs determinations are then submitted to the Councils of Government for allocation to local jurisdictions. ABAG is the Council of Government for the Bay Area and is responsible for the allocations at the county and local government level. The RHNA is not only important in determining housing needs in communities, but also plays a critical role in each jurisdiction's Housing Element of the General Plan. Housing Elements are required to be updated within time periods identified by the HCD, generally called "planning periods." Housing Elements are required to provide for the jurisdiction's fair share allocation to meet the regional housing need during each planning period. The Regional Housing Needs Determination [RHND] provided by ABAG covers a planning period from 1/1/99 to 1/1/07. The City of Saratoga adopted its revised Housing Element of the General Plan in 2002. This Housing Element was found to be in substantial compliance by HCD. The City of Saratoga has annually provided a Housing Element review to HCD, which shows its progress in meeting its regional fair share of new housing units that ABAG has allocated for the City. The following table shows the ex'nt to which the City has accommodated the mandated regional fair share of housing for the 1/J199 to 1/1/06 time period. The following table shows that as of the last reporting period, the ,!$ty still needs to provide 52 units of low and very low-income housing. The majority of very low and low-income housing are provided by the construction of second dwelling units that are deed restricted to rent to lower income households. Approximately three new below market second dwelling units are built in the City annually. Therefore, Staff estimates that the City of Saratoga may not be able to meet ABAG's allocation of new housing units for the current 1/1/99 to 111107 planning period. "By the Numbers" New Housinf! Units Assif!ned bv ABAG (RHNDJ Income RHND #1 #2 #3 #4 #5 #6 #7 Total Grouns VerY Low 75 49 15 11 75 Low 36 I 30 5 36 Moderate 108 61 47 108 Above 320 161 97 10 26 88 320 Moderate Total 539 161 110 144 11 45 42 88 539 New Housinf! Units Added fBuildinl! Permits Issued 1/1/99 - 1/1/06 Income RHND #1 #2 #3 #4 #5 #6 #7 Total Grouos Very Low 75 49 9 0 58 Low 36 I 0 0 1 Moderate 108 61 47 108 Above 320 161 97 10 1 178 450 Moderate Total 539 161 110 144 11 9 4 178 617 #1 - New Dwellings added from 1/1/99 to 5/1/01 #2 - Odd Fellows Phase I #3 - Odd Fellows Phase 2 #7 - New Market Rate Dwelling Units #4 - Montalvo Art Studios plus Caretaker's Unit #5 - New 2'" Units #6 - Mixed Use Projects Although the RHNA process is a fundamental planning tool, individual jurisdictions generally have not had much ability to influence the RHNA process. As described below, the State's new sub-regional allocation process will enable the City to have more involvement in determining its allocation of new housing units for the next planning period. ANALYSIS ABAG is currently targeting June 30, 2008 for the submittal of the RHNA to HCD for review. HCD approval is anticipated in August 2008 for the planning period of 2006 through 2014. Housing Elements are required to be updated to include the new allocations by June 30, 2009. Different from previous planning periods and due to a change in State Housing Element law in 2004, cities and counties now have an option of forming a sub-region to develop the methodology for the allocation of the sub-region's projected need for housing among its members, as opposed to each jurisdiction receiving its allocation directly from ABAG. A sub- region may be comprised of two or more contiguous cities and a county or counties. Although ABAG retains authority of the RHNA process and will continue to conduct the process for the Bay Area, if a sub-region forms, ABAG will delegate the authority for the allocation of housing units, including affordability categories, to the sub-region. Each sub-region is required to allocate fully its share of the regional housing need to local governments within the sub-region. If the sub-region fails, ABAG will resume responsibility for the allocation. The first step in participating as a member of a sub-region is for the legislative body of each City to adopt a resolution indicating participation. The adopted resolutions must then be forwarded to ABAG no later than August 31, 2006. Following the submittal of the resolutions by the jurisdictions, ABAG would adopt a resolution approving the sub-region. At its most recent meeting, the Santa Clara County City Managers Association (SCCCMA) agreed to consider forming a sub-region for the ABAG Regional Housing Needs Allocation process. At the SCCCMA meeting it was suggested that the City Managers discuss this issue with the respective Planning Directors and determine what is best for their community. The purpose of this Staff Report is to formally request City Council support in the City's participation in a sub-region. The actual formation of a sub-region and the determination of the participants of the sub-region have not yet occurred. Since the deadline of August 31, 2006 for the governing bodies of local governments to adopt a resolution to form a sub-region is imminent, ABAG has requested to HCD an extension ofthis deadline to September 30, 2006. This letter is attached for reference. A response on this request has not been received from HCD as of the writing of this report. Nevertheless, the attached draft Resolution indicates City Council support of this time extension request in order to provide cities more time to establish sub-regions. The creation of a sub-region has the potential to increase local control over the administration of the allocation process by allowing the sub-region, rather than ABAG, to establish the methodology under which the housing needs numbers are allocated to the jurisdictions in the sub-region. Additionally, members of the sub-region will have the flexibility to negotiate with other members for adjustments to their allocations. Of unique benefit is that the sub-region approach allows for flexibility to consider programs that allow for a more regionally based system of providing housing units. An example would be the use of joint agreements to fund housing with reasonable credit going to participating jurisdictions. Although the specifics of the sub-region approach to the RHNA process remain unknown at this time, Staff believes that the sub-regional approach provides a very real opportunity to exert local control over the RHNA process and participate in the development of the methodology used for the allocation. Additionally, Staff finds that the sub-regional approach would provide an opportunity to begin the exploration of regionally based approaches to the provision of needed housing. IMPACT ON CITY RESOURCES City of Saratoga Staff time will be required for participation in the sub-region process. However, the exact time commitment is unknown at this time. Also, primary Staff support once a sub- region has been formed is yet to be determined. ENVIRONMENTAL REVIEW The requested action is not deemed a project under the California Environmental Quality Act [CEQA]. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTIONS Failure by the City to express formal interest in establishing a sub-region may inhibit participation from surrounding jurisdictions. PUBLIC CONTACT Public notification was achieved by posting the agenda, with this agenda item listed, at least 72 hours before the City Council meeting. FOLLOW-UP ACTIONS Staff will continue to converse with the County and other local cities in efforts to establish a sub- region prior to the tentative September 30, 2006 deadline for the formation of sub-regions. ATTACHMENTS I. Draft Resolution 2. Letter from ABAG to HCD requesting a time extension Attachment 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING THE ESTABLISHMENT OF A SUB-REGION FOR THE PURPOSE OF LOCALLY ADMINISTERING THE ASSOCIATION OF BAY AREA GOVERNMENT'S [ABAG] REGIONAL HOUSING NEEDS ALLOCATION PROCESS WHEREAS, the Association of Bay Area Governments [ABAG] is required by State law to administer the Regional Housing Needs Allocation [RHNA] program in the Bay Area; and WHEREAS, ABAG has begun preliminary work on developing the RHNA program with the objective of completing the program in August of2008; and WHEREAS, changes to the Housing Element law in 2004 allow ABAG to transfer administration of the program to local jurisdictions who create sub-regions for the purpose of distributing housing need allocations among the members of the sub-region; and WHEREAS, a sub-region is defined as two or more cities in a County or any combination of geographically contiguous local governments; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga that the City of Saratoga expresses interest in participation in a sub-region and supports ABAG's request to State Housing and Community Development Department to extend the date for the governing bodies of local governments to adopt a resolution to form a sub- regIOn. PASSED AND ADOPTED by the Saratoga City Council, State of California, the 2nd day of August 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Approved: Mayor Norman Kline ATTEST: ("' Cathleen Boyer, City Clerk Attachment 2 ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area July 10, 2006 Cathy Creswell, Deputy Director Housing Policy Development Department of Housing & Community Development State of California 1800 lbird Street Sacramento, CA 95814 Re: Regional Housing Needs Allocation _ Subr~gions Dear Ms Creswell: The Association of Bay Area Governments (ABAG) fonned the Housing Methodology Conunittee (HMC) to advise staff on the methodology for allocating the San Francisco Bay Area's housing need under the fourth revision of the regional housing needs process (RHNA). At its June 29'" meeting, HMC expressed consensus on a request that the Department of Housing and Community Development (HCD) extend the deadline for the formation of subregions. Ibis letter transmits the HMC request. HCD and ABAG discussed and agreed on a timeline for RHNA in connection with the extension of time for local governments to revise their housing elements. The overall timeline for RHNA included a deadline of August 31, 2006 for the governing bodies oflocal govemments to adopt a resolution to fonn a subregion. The governing bodies of some jurisdictions do not meet in the months of July and August. 'Ibis apparently prevents some from joining a subregion. Moving the deadline to September 30 may mitigate this problem. ABAG convened an informational meeting concerning RHNA subregions on June 16, made presentations on the topic at meetings of the HMC and countywide planning groups in June and July, and created tools for local governments to understand and engage the RHNA subregional option (see http://www.abag.ca.gov/planning/housingneeds/docs2.html). In the course of carrying out these tasks, ABAG staff has met and confened with many of the local governments interested in fonning a RHNA subregion. Interested local governments are aware that the same RHNA timeline also requires a subregion to develop an allocation methodology by December 31, 2006 and that due to impacts later in the process this deadline can not be changed. They are aware that this will compress the time needed to develop an allocation methodology. ABAG staff hereby submits the HMC's request to extend the deadline for subregions to fonn from August 31, 2006 to September 30,2006. There are no other changes to the RHNA timeline requested. HCD's prompt response would be most appreciated. Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (510) 464.7985 info@abag.Co.gov Location: Joseph P. Bart MetroCenter 101 Eighth Street Oakland, California 94607-4756 o ABAG Cathy Creswell State of California ] u1y 10, 2006 Page 2 A roster of the HMC is attached to this letter. Research Director Encl. cc: Housing Methodology Committee HOUSING METHODOLOGY COMMITTEE - MEMBERS Name Tide Affiliation County Representing ] eonifer Hosterman Mayor City of P1easanton Alameda City of Pleasanton Dan Marks Director of Planning and Development City of Berkeley Alameda City of Berkeley Gary Patton Deputy Director/Planning City of Oakland Alameda City of Oakland ] ulie Pierce Council Member City of Clayton Contm Costa City of Clayton Gwen Regalia Councilmember City of Walnut Creek Contm Costa City of Walnut Creek Phillip Woods Principal Planner City of Concord Contra Costa City of Concord Linda M.] ackson Principal Planner City of San Rafael Marin City of San Rafael Paul Kermoyan Community Development Director City of Sausalito Marin City of Sausalito Stacey Laumann Assistant Plannerl Community Dev. Agency County of Marin Marin County of Marin Diane Dillon Supervisor, District 3 County of Napa Napa County ofNapa ] ean Hasser Senior Planner City of Napa Napa City of Napa Howard Siegel Community Partnership Manager County of Napa Napa County of Napa Amit Ghosh Assistant Planning Director City of San Francisco San Francisco City of San Francisco Doug Shoemaker Mayor's Office of Housing City of San Francisco San Francisco City of San Francisco Amy Tharpe Director of Planning City of San Francisco San F IanciseD City of San Francisco Duane Bay Housing Director County of San Mateo San Mateo County of San Mateo Mark Duino Planner County of San Mateo San Mateo County of San Mateo Andrea Ouse City Planner Town ofColma San Mateo Town ofColma Regina Brisco Housing Planner City of Gilroy Santa Clara City of Gilroy Steve Piasecki Community Development Director City of Cupertino Santa Clara City of Cupertino Laurel Prevetti Deputy Director, Planning, Building & Code Enfment City of San] ose Santa Clara City of San] ose Chuck Dimmick Councilmember City ofVacaville Solano Solano City/County Coordinating Council Eve Somien Assistant Director City of Fairfield Solano City of Fairfield Matt Walsh Principal Planner County of Solano Solano County of Solano ] ennifer Barrett Deputy Director/Planning County of Sonoma Sonoma County of Sonoma ] ake MacKenzie Councilmember City of Rohnett Park Sonoma City of Rohnett Park Michael Moore Community Development Director City of Petaluma Sonoma City of Petaluma Scott Haggerty Supervisor, District County of Alameda ABAG Executive Board Barbara Kondylis Supervisor, District 1 County of Solano ABAG Executive Board Paul Campos VP & General Counsel Home Builders Assn. Stakeholder Margaret Gordon Community Liaison West Oakland Indicators Project Stakeholder Andrew Michael Vice President Bay Area Council Stakeholder Kate O'Hara Regional Issues Organizer Green belt Alliance Stakeholder Geeta Rao Policy Director Nonprofit Housing of Northern California Stakeholder July 5, 2006 SARA TOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: CITY MANAGER: P....:;J?y DEPTHEAD:~~ John Cherbone ORIGINATING DEPT: PUbQ PREPAREDBy:_l~ . Iveta Harvancik SUBJECT: Final map approval for three lots located at 20045 Mendelsohn Lane. Owner: David and June Cheng RECOMMENDED ACTION(S): 1. Move to adopt Resolution granting final map approval of tentative map application No. 03- 112 for three lots located at 20045 Mendelsohn Lane. 2. Move to authorize the City Manager to execute the Subdivision Improvement Agreement. REPORT SUMMARY: Attached is a Resolution, which, if adopted, will grant final map approval for three lots located at 20045 Mendelsohn Lane (APN 517-21-004). The City Surveyor has examined the final map and related documents submitted to the City in accordance with the provisions of Section 14.40.020 ofthe Municipal Code and it was determined that: 1. The final map substantially complies with the approved tentative map. 2. All conditions of the approved tentative map, as contained in Planning Commission Resolution No. 04-030, have been completed or will be completed concurrent with development of the three lots. 3. The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable provisions oflaw have been complied with. 3. The final map is technically correct. Consequently, the City Surveyor's certificate has been executed on the final map and the final map has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action by the City Council. FISc;.IIMIACTS: The {:';tiler has paid $30,624.25 in Engineering Fees, $8,200 for future Highway 9 pathway development, and $41,400 in Park Development Fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The final map must either be approved or rejected by the City Council. If the map is rejected, it would be returned to the subdivider with findings as to why the map was rejected. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The signed map will be released to the subdivider's Title Company for recordation along with recording instructions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: I. Site Map. 2. Parcel Map. 3. Resolution granting final map approval. 4. Planning Commission Resolution No. 04-030 approving the tentative map with conditions. 5. Subdivision Improvement Agreement. II SITE MAP Exhibit 1 Application Number: 03-112 Location: 20045 Mendelsohn Lane APN: 517-21-004 Owner: David and June Cheng Date: August 2, 2006 111 o 125 250 750 1,000 Feet 500 ~ W+E S Exhibit 2 ~ 0 0"- 00 ~ z'o > . ~ '" S!~LI'l<~Z 1\5 e d~~ I-....c ~~~ Ii 1-2i~t;~<' Ii u :r '< 0 ~o~ , [lj: w <.:I lu.t:l::~l5,!!:Vll::i <~1Ii , Ww e~ ~~I=<~~ , Z~ ;;>-%000 lo..VlO:U ~I-~ I on () >'~~ ~:i ;!:~:'~wll I" ~ >-~~2~ll..~~c~~ <{z . 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF APPLICATION NO. 03-112 20045 MENDELSOHN LANE The City Council of the City of Saratoga hereby resolves as follows: SECTION 1: Three lots as shown on that certain Parcel Map prepared by Westfall Engineers, Inc., dated February 2006, and filed with the City Clerk of the City of Saratoga on August 2, 2006, are approved as THREE (3) individual lots. SECTION 2: All streets and easements shown on said map and offered for dedication to public use are hereby rej ected on behalf of the public, save and except for public service easements; and to the limited extent that any offers for public street purposes either expressly or implicitly include offers for easements for utility purposes along or beneath said street rights of way, then as to such express or implied offers of easements for public utility purposes, the same are hereby accepted on behalf ofthe public. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 2nd day of August, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk Exhibit 4 RESOLUTION No. 04-030 Application No. 03-112 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA David Cheng, 20045 Mendelsohn Lane WHEREAS, application has been made to the Advisory Agency under the Subdivision Map Act of the State of California and under the Subdivision Ordinance of the City of Saratoga, for Tentative Parcel Map approval to subdivide one existing parcel into three parcels, set forth in file no. 03-112; and WHEREAS, this Advisory Agency hereby finds that the proposed subdivision, together with the provisions for its design and improvement is consistent with the objectives, policies and general land use and programs specific in such General Plan reference the staff report for further particulars; WHEREAS, the Planning Commission has conducted a duly noticed public hearing on August 25, 2004 at which time all interested parties were given a full opportunity to be heard and present evidence; and WHEREAS, The Planning Commission shall not approve any tentative map or building site if it makes any of the nine findings listed in Municipal Code Section 14- 20.070(b). The findings were not supported based on the following evidence. (1) That the proposed map is not consistent with the General Plan and any applicable specific plans. The proposed parcels are consistent with the General Plan designation of Residential Low Density (RLD) defined as 2.18 dwelling units per acre. The proposed parcels meet and exceed the minimum lot size required by the municipal code. Each proposed parcel will be in excess of the 20,000 square foot minimum prescribed by the zoning ordinance for parcels in the vicinity. Proposed lot dimensions including width, depth and frontage meet or exceed the minimums required by the municipal code. (2) That the design or improvement of the proposed subdivision is not consistent with the General Plan and any applicable specific plan. The design or improvement of the proposed subdivision is consistent with the General Plan. The proposed parcels sizes, configuration, access and building envelopes are consistent with the code and are compatible with the existing density in the project vicinity. The proposed building envelopes are ample to accommodate a single-family residence. Building envelopes provided on the proposed tentative map indicate required setbacks can be provided to meet the development regulations. Design review approval shall be required, as applicable in the municipal code, for a new single-family residence. At the time an application to construct a single-family residence on the proposed parcels is filed with the planning department the mass, bulk, view, privacy and compatibility issues of the proposed residence with the existing neighborhood and residences shall be examined. (3) That the site is not physically suitable for the type of development proposed. The site is suitable for the type of development proposed. The proposed building envelopes and surrounding areas are sloped however not to the point that building would be impeeded. Geotechnical clearance shall be required for construction of either parcel at the time it is proposed. The subdivision has received geotechnical clearance. Future development on the proposed parcels will not be compromised or constrained as a result of the subdivision. Existing trees do not preclude development on the proposed parcels. The subdivision will not impose features on the proposed parcels regarding size or shape, that may constrain future development on the site. The existing conditions are such that they do not include physical features including topography, location, or surroundings that may hinder future development on the site. (4) That the site is not physically suitable for the proposed density of development. The subdivision application may result in the construction of a single-family residence on parcel 1,2 and/or 3. Approximately two dwelling units per acre are permitted consistent with the general plan maximum dwelling unit per acre designation of 2.18 residences per acre. The potential for the construction of a single-farnily home on the proposed parcels is consistent with the surrounding uses and densities in the area. Similarly, the existing residence located on parcel 1 meets the above-mentioned zoning requirements and general plan designation. Densities in the immediate surrounding area are characterized by low-density single-family residential uses. Lot sizes in the surrounding area are predominately 20,000 square feet. (5) That the design of the subdivision are likely to cause substantial environmental damage or substantially and avoidable injure fish or wildlife or their habitat. The proposed project which includes subdivision of one lot into three building sites is categorically exempt from the Environmental Quality Act (CEQA) pursuant to section 15315 of the Guidelines for the Implementation of CEQA. This Class 15 exemption applied to the division of property in urbanized areas zoned for residential use into four or fewer parcels when the division is in conformance with the General Plan and zoning no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years, and the parcel does not have an average slope of greater than 20%. (6) That the design of the subdivision is likely to cause serious health or safety problems. The proposed project is consistent with the zoning and subdivision regulations in the Municipal Code and general plan. The Tentative Map has been reviewed and conditioned by the Sanitation District, Saratoga Fire Department, Santa Clara Valley Water District, the Arborist, Planning Department and Public Works Engineers. All structural improvements to the property will be reviewed by the Community Development Department. The project site is located in Zone X on the Flood Insurance Easement shown on the Final Map. Maps by FEMA. This designation incorporates the vast majority of properties within the City. Floodway areas of Zone AE are located along the City's major creeks and require certain construction techniques; however, the project site is designated as Zone X. (7) That the design of the subdivision will conflict with easements for access or use. The proposed subdivision contains several easements a Santa Clara Valley Water District Easement, an access easement, an existing Sanitary Sewer Easement, and a Creek Protection Easement. The subdivision does not conflict with any of the above-mentioned easements. The Santa Clara Valley Water District Easement has been noted on the plans. The SCVWD has reviewed the proposed subdivision. According to their correspondence dated July 16, 2003 any proposed improvements adjacent to a District easement or facility shall required a permit prior to the start of construction. The Creek Protection Easement shall be recorded. The Creek Protection Easement shall prohibit structures, improvements, ornamental landscaping or fencing, unless the Community Development Director determines that such will enhance the creek's condition by improvingflood and/or erosion control or improving or protecting riparian habitat. (8) That a proposed subdivision of land which is subject to a contract executed pursuant to the Williamson Act. Not Applicable. The project site is not under a Williamson Act contract. (9) That the discharge of waste from the proposed subdivision into an eXlstzng community sewer system would result in violation of existing requirements. The West Valley Sanitation District of Santa Clara County has reviewed the proposed subdivision. The correspondence dated June 16, 2003 requires that the developer guarantee vehicular access to the district facilities or relocating the truck sewer to an area that will provide such access. The relocation plan will be subject to the district review and approval. The District will require the property owner to obtain sewer connection permits from their office. THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Saratoga does hereby resolve as follows: Section 1. After careful consideration of the Tentative Parcel Map, architectural drawings, plans and other exhibits submitted in connection with this matter Subdivision Application No. 03-112 is hereby granted subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT 1. A creek protection easement shall be recorded prior to final occupancy inspection. Restrictions for this easement are prescribed in MCS 14-25.065. Restrictions include: Structures, improvements, ornamental landscaping or fencing shall be prohibited within the creek protection easement, unless the Community Development Director determines that such will enhance the creek's condition by improving flood and/or erosion control or improving or protecting riparian habitat. Acknowledged. Acknowledged. Grading and Drainage Plan Submitted. Acknowledged. Letter submitted. 2. Four sets of complete construction plans incorporating this Resolution and the City Arborist Report as a separate plan page shall be submitted to the Building Division prior to submittal for building permits. 3. The site survey shall be stamped and signed by a Licensed Land Surveyor. 4. A grading and drainage plan combined with a storm water retention plan indicating how all storm water will be retained on-site, and incorporating the New Development and Construction - Best Management Practices, shall be submitted along with the complete construction drawings. COOPER'S HA WKS 5. Avoid construction during the nesting season, at least within 250 feet ofan active nest. The nesting season for most raptors in the San Francisco Bay area extends from, January through August. If construction cannot be scheduled to occur between September and December, preconstruction surveys by a qualified ornithologist or wildlife biologist to ensure that no nests will be disturbed during project implementation are required. This survey should be conducted no more than 14 days prior to construction activities initiated during the early part of the breeding season (January through April) and no more than 30 days prior to construction during the later part of the breeding season (May through August). If an active raptor nest is found close enough to the construction area to be disturbed by these activities (250 feet), the ornithologist, in consultation with CDFG, will determine the extent of a construction-free buffer zone to be established around the nest. GEOTECHNICAL CLEARANCE 6. Geotechnical Clearance is approved for the three-lot subdivision. Conditions of approval, are as follows based on the review memo from the City Geotechnical Consultant dated January 28,2004: Lot 1: . Prior to issuance of permits for the Lot 1 development, the Project Geotechnical Engineer shall review and approve all geotechnical aspects of the final improvement plans (i.e., site preparation and grading, site drainage improvements and design parameters for building foundations and swimming pool) to ensure that the plans, specifications and details accurately reflect the Project Geotechnical Engineer's recommendations. The results of the plan review shall be summarized by the Project Acknowledged. Acknowledged. Geotechnical Engineer in a letter and submitted to the City Engineer for review and approval prior to issuance of a building permit. · The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, and excavations for fill keyways, pools, basements, and retaining walls prior to the placement of fill, steel and concrete. The results of these inspections and the as-built conditions of the project shall be described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review and approval prior to Final Project Approval. Lots 2 and 3: The Project Geotechnical Consultant previously recommended that basements not be constructed on Lots 2 and 3, due to the potential adverse impacts associated with shallow ground water in the topographically low areas (unless the geotechnical feasibility of basements can be adequately demonstrated on the basis of more detailed site-specific evaluations). In the referenced report addendum, the Project Geotechnical Consultant also raises additional questions about the site-specific foundation conditions on Lots 2 and 3. Consequently, Supplemental Geotechnical Investigations will be needed prior to Geotechnical Clearance for proposed developments on these two lots. Potential flooding issues must be addressed to the satisfaction of the City Engineer. · Site-specific supplemental geotechnical investigations shall be completed for Lots 2 and 3. These investigations shall characterize site-specific geotechnical conditions, evaluate proposed improvement plans, and provide geotechnical design criteria and grading and drainage recommendations for the proposed construction. If basements are planned as part of the residential developments on Lots 2 and 3, then the supplemental site- specific investigations shall characterize site-specific ground water and drainage conditions, as well as foundation conditions for structures and walls, and should provide foundation design criteria and special subdrain design recommendations. Completion of the investigation(s) may not guarantee that a basement can be constructed with adequate drainage mitigation. In addition, the supplemental investigation(s) may lead to revisions in previously submitted foundation design criteria. · The results of the Supplemental Geotechnical Investigation(s) shall be summarized in a report(s) with appropriate illustrations, and submitted to the City for review and approval by the City Engineer and City Geotechnical Consultant prior to Geotechnical Clearance for Lots 2 and 3. Geotechnical plan reviews and field inspections will be required as Acknowledged. Well registered with the District. Access shown on Plans. Acknowledged. Shown on plans. Hydrant shown on plans. Acknowledged. Completed. Acknowledged. conditions of Geotechnical Clearance and permitting. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to subdivision approval. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions prior to subdivision approval. SANTA CLARA VALLEY WATER DISTRICT 7. Any proposed improvements adjacent to a District easement and within 50 feet of a District facility requires a permit prior to the start of construction. 8. The owner should show any existing welles) on the plans. The welles) should be properly registered with the District and either maintained or abandoned in agreement with District standards. Property owners or their representatives should call the Well and Water Protection Unit at 408 265-2607, extension 2660. WEST VALLEY SANITATION DISTRICT 9. The developer is required to guarantee vehicular access to the district facilities. An option is to relocate the existing trunk sewer to an area that will provide such access. The sewer relocation plan will be subjected to district's review and approval. 10. A sewer connection permit is required for each new parcel. Cost is estimated at 2,500 for each parcel. SARATOGA FIRE DISTRICT 11. All conditions of the Saratoga Fire Department shall be met. See Attachment 6 of the staff report. 12. The developer shall install a fire hydrant. 13. Individual site will be subject to separate plan reviews for specific conditions in addition to the above. CITY ARBORIST 14. All recommendations in the City Arborist's Report shall be followed and incorporated into the plans. 15. Construction of a single-farnily residence shall reqUIre revIew by the City Arborist. Acknowledged. Acknowledged. Acknowledged. Completed. Documents submitted. 16. All outstanding balances for the city arborist revIew shall be paid pnor to submitting for building permit. 17. Prior to Final Building Inspection, the Arborist shall inspect the site to verify compliance with tree protective measures. The bond shall be released after a favorable site inspection by the Arborist, the planting of any required replacement trees, and payment of any outstanding Arborist fees. CITY ATTORNEY 18. Applicant agrees to hold City harmless from all costs and expenses, including attorney's fees, incurred by the City of held to be liability of City in connection with City's defense of its actions in any proceeding brought in any State Federal Court, challenging the City's action with respect to the applicant's project. PUBLIC WORKS DEPARTMENT 19 Prior to submittal of the Final Map to the Public Works Department for examination, the owner (applicant) shall cause the property to be surveyed by a Licensed Land Surveyor or an authorized Civil Engineer. The submitted map shall show the existence of a monument at all external property corner locations, either found or set. The submitted map shall also show monuments set at each new corner location, angle point, or as directed by the Public Works Department, all in conformity with the Subdivision Map Act and the Professional Land Surveyors Act. 20. The owner (applicant) shall submit four (4) copies of a Final Map in substantial conformance with the approved Tentative Map, along with the additional documents required by Section 14-40.020 of the Municipal Code, to the Public Works Department for examination. The Final Map shall contain all of the information required in Section 14-40.030 of the Municipal Code and shall be accompanied by the following items: a) One copy of map checking calculations. b) Preliminary Title Report for the property dated within ninety (90) days of the date of submittal for the Final Map. c) One copy of each map referenced on the Final Map. d) One copy of each document/deed referenced on the Final Map. e) One copy of any other map, document, deed, easement or other resource that will facilitate the examination process as requested by the Public Works Department. Fees paid. Security provided. Shown on Final Map. Will-serve letters provided. Acknowledged. Fees Paid. Acknowledged. Improvement Plans approved. 21. The owner (applicant) shall pay a Map Checking fee, as determined by the Public Works Director, at the time of submittal of the Final Map for examination. 22. Interior monuments shall be set at each lot comer either prior to recordation of the Final Map or some later date to be specified on the Final Map. If the owner (applicant) chooses to defer the setting of interior monuments to a specified later date, then sufficient security as determined by the Public Works Director shall be furnished prior to Final Map approval, to guarantee the setting of interior monuments. 23. The owner (applicant) shall provide Irrevocable Offers of Dedication for all required easements and/or rights-of-way on the Final Map, in substantial conformance with the approved Tentative Map, prior to Final Map approval. 24. Prior to Final Map approval, the owner (applicant) shall furnish the Public Works Department with satisfactory written commitments from all public and private utility providers serving the subdivision guaranteeing the completion of all required utility improvements to serve the subdivision. 25. The owner (applicant) shall secure all necessary permits from the City and any other public agencies, including public and private utility providers, prior to commencement of subdivision improvement construction. Copies of permits other than those issued by the City shall be provided to the Public Works Department. 26. The owner (applicant) shall pay the applicable Park and Recreation fee prior to Final Map approval. 27. All building and construction related activities shall adhere to New Development and Construction - Best Management Practices as adopted by the City for the purpose of preventing storm water pollution. 28. The owner (applicant) shall submit engineered improvement plans to the Public Works Department in conformance with the approved Tentative Map and in accordance with the design and improvement requirements of Chapter 14 of the Municipal Code. The improvement plans shall be reviewed and approved by the Public Works Department and the appropriate officials from other public agencies having jurisdictional authority, including public and private utility providers, prior to approval of the Final Map. The following specific conditions shall be included on the improvement plans: a) Existing sidewalk and rolled curb and gutter at Mendelsohn Lane shall be extended to Highway 9 (Saratoga-Los Gatos Road). b) A 5-feet wide path shall be constructed along Highway 9 within the limits of the subdivision. An asphalt berm 6 inch wide shall be constructed to separate the path from the roadway. As an alternative, in lieu of constructing Fees Paid. Improvement agreement signed. Securities provided. Completed. NOI filed. SWPPP submitted. C3 compliance shown on Improvement Plans. Compliance during each lot development acknowledged. improvements along Highway 9, the owner (applicant) may choose to pay the cost of the improvements to the City. 29. The owner (applicant) shall pay a Subdivision Improvement Plan Checking fee, as determined by the Public Works Director, at the time Improvement Plans are submitted forreview. 30. The owner (applicant) shall enter into an Improvement Agreement with the City in accordance with Section 14-60.0 I 0 of the Municipal Code prior to Final Map approval. 31. The owner (applicant) shall furnish Improvement Securities in accordance with Section 14-60.020 of the Municipal Code in the manner and amounts determined by the Public Works Director prior to Final Map approval. 32. The owner (applicant) shall fumish a written indemnity agreement and proof of insurance coverage, in accordance with Section 14-05.050 of the Municipal Code, prior to Final Map approval. 33. Prior to approval of the Final Map, the applicant shall file a Notice of Intent (NOI) with the Regional Water Quality Control Board to obtain coverage under the State General Construction Activity NPDES Permit. Satisfactory evidence of the filing of the Nor shall be furnished to the City Engineer. The applicant shall comply with all provisions and conditions of the State Permit, including preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP). Copies of the SWPPP shall be submitted to the City Engineer prior to Final Map Approval and maintained on site at all times during construction of the subdivision improvements. 34. The applicant shall comply with requirements of Provision C.3 of National Pollutant Discharge Elimination System Permit for Santa Clara Basin. This includes, but is not limited to, demonstrating that post-construction operation and maintenance of storm water treatment Best Management Practices (BMP's) shall be the responsibility of individual homeowners or Homeowner's Association, if applicable. In addition, covenants securing access easements to each parcel with stormwater management features for inspection purposes shall be approved prior to Final Map Approval and recorded into the each individual deed records. Section 2. An approved or conditionally approved tentative subdivision map approval shall expire 24 months from the date on which the advisory agency, or the City Council on appeal granted its approval or conditional approval. An extension may be granted pursuant to 14-20-080. Section 3. All applicable requirements of the State, County, City and other Governmental entities must be met. Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga City Code, this Resolution shall become effective fifteen (15) days from the date of adoption, PASSED AND ADOPTED, The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga Planning Commission, State of California, held on the 25th day of August 2004 by the following vote: AYES: Hunter, Nagpal, Rodgers, Schallop, Uhl, Zutshi, and Chair Garakani NOES: NONE ABSENT: NONE ABSTAIN: NONE m. d:i~ Chair, Planning Commission \ ATTEST: secre~OrnmiSSiOn This permit is hereby accepted upon the express t=s and conditions hereof, and shall have no force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions and agrees to fully conform to and comply with said terms and conditions within the recommended time frames approved by the City Planning Commission. ./J4~d ~-9"' ~ Property Owner or'1(utlfOrized Ag cJ' ,/30/04 Date' Exhibit 5 RECORDING REQUESTED By: CITY OF SARATOGA AFTER RECORDA nON RETURN To: CITY OF SARATOGA Attn: City Clerk 13777 Fruitvale Avenue Saratoga, CA 95070 nus Sf ACE FOR RECORDER'S USE SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is entered into effective ("Effective Date") by and among David Cheng-Yi Cheng and June Teh-Chiung Cheng (hereinafter referred to as "Owner" and "Subdivider") and the City of Saratoga (hereinafter referred to as "City") with reference to property known as Assessor's Parcel Number(s): 517-21-004 (20045 Mendelsohn Lane) as described in more detail in Exhibit A hereto (the "Property"). RECITALS WHEREAS, in connection with the development of the subdivision of the Property (hereinafter known as "subject subdivision"), Subdivider has previously filed with the City of Saratoga Community Development Director a tentative map of said subdivision (referenced by the City as SD-03-112), which said tentative map was duly approved by City by Resolution Number No. 04-030 dated August 25, 2004; WHEREAS, Subdivider has submitted, for approval and acceptance, a parcel map or final map (hereinafter "Map" as applicable) of the subject subdivision; WHEREAS, Owner and Subdivider have each requested approval of said Map prior to the completion of improvements of all public facilities and other improvements which are a part of or appurtenant to the subject subdivision, including, but without limiting the foregoing, all required grading, erosion control, streets, street lights, utilities, traffic safety devices, paving, curbs and gutters, sidewalks, pathways, bikeways, catch basins, pipes, culverts, storm drains, sanitary sewers, street trees and street signs, water systems and fire hydrants all in accordance with and as required by the plans and specifications for all of said improvements (collectively, the "Works of improvement"), which plans and specifications were prepared by Westfall Engineers, Inc., Civil Engineer on behalf of Subdivider and Owner, approved by the City Engineer and now on file in the Public Works Department. NOW, THEREFORE, in consideration of the above RECITALS and the mutual promises and covenants of the parties hereto, it is agreed as follows: 1 1. JOINT AND SEVERAL DUTIES Owner and Subdivider are hereinafter collectively referred to as "Developer" in this Agreement, but each shall remain jointly and severally liable for compliance with the terms of this Agreement. However, only the Subdivider shall be responsible for providing the security required by this Agreement. Developer hereby enters into an agreement with City, by the terms of which agreernent Developer agrees to have the Works of improvement required by City completed on or before one year from the effective date of this Agreement in accordance with the Saratoga City Code (hereinafter "City Code''). 2. FILING OF FINAL MAP City, for and in consideration of the execution of this Agreement and fulfillment by Developer of the terms set forth herein, shall accept for filing the Map for the subj ect subdivision. 3. DEVELOPER'S DUTIES REGARDING IMPROVEMENT WORK Developer hereby agrees that: (a) Prior to Developer commencing work Developer shall provide a Notice of Commencing Work to City. If Developer contemplates requesting a partial release, the Notice of Commencing Work shall include a schedule of work and a cost breakdown for each Work of improvement acceptable to the City Director of Public Works. (b) All Works of improvement shall be constructed by Developer at Developer's sole cost and expense in accordance with the improvement plans and specifications prepared by Developer's Civil Engineer as previously approved by the City Engineer in a good and workmanlike manner, in accordance with all City standards, specifications and applicable laws, rules and regulations, to the satisfaction of the Director of Public Works. Developer agrees that the Director of Public Works shall have the right to reject any or all of the work to be performed under this Agreement if such work does not conform with the plans and specifications, City standards, or any applicable law, rule, or regulation; (c) The Works of improvement shall be maintained in good condition and repair and be guaranteed against any defects in material and workmanship for a period of one year from the date of final approval by the City (or such extended period oftime thereafter as is necessary to repair any such defects to the satisfaction of the City); (d) Developer shall cause to be made and pay for soil tests conducted bya reputable soils testing laboratory to determine gradation, bearing, and resistance value of soils within the subject subdivision from which to determine the nature of the Works of improvement necessary. Developer shall also cause to be made and pay for all necessary tests including, but not limited to, necessary tests under Section 19 (Earthwork), Section 26 (Aggregate Bases), and Section 39 (Asphalt Concrete) of the 2 most current edition of Standard Specifications issued by the California Department of Transportation as of the Effective Date of this Agreement. (e) Developer shall pay to the City the cost of inspecting the Works of improvement including the costs of staff time and any consulting services determined necessary by the Director of Public Works; (f) Developer shall furnish to the City the improvement security as required in Section 5 of this Agreement and City Code Section 14-60.020; and (g) Developer shall furnish to the City the release, indemnity agreement and insurance coverage required by Section 11 of this Agreement and City Code Section 14-05.055. (h) Developer shall extend the existing sidewalk and rolled curb and gutter on Mendelsohn Lane to Highway 9 (Saratoga-Los Gatos Road) pursuant to the Conditions of Approval of the 20045 Mendelsohn Lane Subdivision. A City right-of- way does not currently exist for the proposed sidewalk location. The City shall make an effort to acquire a right-of-way or an easement for the proposed sidewalk within one year from the Effective Date of this Agreement or within future extension( s) of this Agreement. If City is able to acquire a right-of-way or easement within one year from the Effective Date of this Agreement or within future extension(s) of this Agreement, Developer shall install the proposed sidewalk within the City right-of- way or easement within one year after the City acquires a right-of-way or easement for the proposed sidewalk. If the City does not acquire a right-of-way or easement by the time the Certificate of Completion is issued per paragraph 20 ofthis Agreement, Developer shall deposit $40,000 with the City for the proposed sidewalk construction. The City may use this deposit for the proposed sidewalk and curb and gutter construction after a right-of-way or easement for the proposed sidewalk is acquired. If the City does not acquire a right-of-way or easement for the proposed sidewalk within 10 years from the Effective Date of this Agreement, the $40,000 deposit shall be refunded to Developer. 4. TIMING OF CONSTRUCTION OF WORKS OF IMPROVEMENT Developer hereby agrees to construct all required Works of improvement as follows: (a) All required on-site and off-site improvements shall be complete to the satisfaction of the Director of Public Works, prior to issuance of the final inspection approval for any structure built on any parcel within the subject subdivision and: (1) within one year from the date of City's approval of subject subdivision, or (2) prior to ( specify date), if initialed and dated by the Director of Public Works here _ at or prior to the Effective Date of this Agreement. (b) All off-site work (if any), shall be done prior to or concurrently with on-site work, unless otherwise expressly specified by the conditions of the tentative map for the subject subdivision, and initialed by the Director of Public Works here_; 3 (c) The time for completion may be extended by the Director of Public Works in hislher sole discretion, for good cause shown in writing by Developer. The Director of Public Works may, in hislher sole discretion, allow up to three extensions of this Agreement of up to 180 days each, provided that all requirements under this Agreement or imposed by law are met by Developer. Any further extension requires amendment and approval of this Agreement by the City Council; (d) In the event that Developer fails to complete the Works of improvement within the time specified herein, City may complete said work and Developer promises to pay City the full cost and expenses thereof or City may recover the same from Developer, the surety(s) and/or the holder(s) of improvement security, including reasonable attorney fees. City, in its sole discretion, may require Developer, the surety(s), and/or the holder(s) of improvement security to pay City in advance, sufficient monies to cover City's cost in completing construction of the improvements; and (e) In the event Developer has not completed the required works of improvement within the period of time allowed by this Agreement (including any duly obtained extensions), Developer shall not proceed further with any work of improvement unless and until approval to do so is obtained from the City. The City reserves the right, upon each renewal, to increase the security amounts to reflect increases in material, labor and equipment prices. Notwithstanding the foregoing, it is understood that in the event the Developer fails to complete any work of improvement within the required period of time that the City may proceed against the securities required by Section 5 of this Agreement, [this change is to make clear what we mean by "securities" - I believe they are all in section 5. If not, there may be another way to get the clarity I am looking for.] to obtain completion of such work of improvement, or may initiate proceedings to revert the subdivided property to acreage. 5. SECURITY (a) Developer shall furnish to City good and sufficient security for: (I) faithful performance and guarantee of the work; and (2) payment of contractors, subcontractors and persons furnishing labor, materials or equipment. (b) The security shall be one or more of the following forms at the option of, and subject to approval by, the City: (I) A bond (or bonds) of a duly authorized corporate surety in the forms attached hereto as Exhibits B and C respectively, each issued by a corporate surety duly authorized to transact business in the State of California ("State"); or (2) A deposit held by the City in cash or, if approved by the City Manager, negotiable bonds of the kind approved for securing deposits of public monies; or (3) An instrument of credit from an agency of the State, Federal or local government when any agency of the State, Federal, or local government provides at least twenty percent (20%) of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government and pledging that the 4 funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit or set aside letter issued by such a financial institution. The form and content of such instrument, letter of credit or set aside letter shall be subject to prior approval by the City Attorney; or (c) The security furnished by the Developer shall be in the following amounts and for the following purposes: (I) An amount equal to one hundred percent (100%) of the total estimated cost of the improvement or of the act to be performed, as determined by the Director of Public Works, securing faithful performance of the Works of improvement and guaranteeing against any defective work or labor done or defective materials furnished (herein "the Faithful Performance Security"). Liability upon the Faithful Performance Security shall both include, and be limited to the matters specified in Section 66499.9 of the California Government Code; and (2) An amount equal to one hundred percent (100%) of the total estimated cost of the Works of improvement as determined by the Director of Public Works, securing payment to the contractor, the subcontractors, and persons furnishing labor, materials or equipment for the Works of improvement or the performance of the required act(s) (herein "the Payment Security"); (3) As part of the obligation guaranteed by each security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation secured; and (4) At least ten percent (10%) of the Faithful Performance Security and Payment Security shall be provided in the form of a deposit held by the City in cash. (d) The Faithful Performance Security required under this Section shall remain in full force and effect for a period of one year following the completion of the work as continuing security for the Developer's guarantee against any defective work or labor done or defective materials furnished, and thereafter until all deficiencies in construction, maintenance and repair have been corrected to the satisfaction of the Director of Public Works and final acceptance of all work is granted by the City Council. Upon completion of the work, the Director of Public Works may, in his or her discretion, permit the Developer to reduce the amount of such Security if the Director of Public Works determines that a lesser amount will be sufficient to secure the Developer's obligation to correct any defects in workmanship or materials. (e) The Payment Security required under this Section shall, after final acceptance of the work and passage of the time within which claims of lien or nonpayment are required by law to be recorded, be reduced to an amount equal to the total claimed by contractors, subcontractors and all persons for whom claims of lien or nonpayment have been properly recorded and timely notice thereof given in writing to the City, and if no such claims have been recorded, the Payment Security shall be released in full. The reduction or release of security authorized herein shall not apply to any amount deemed by the City Manager to be necessary as security for costs, expenses and fees, including reasonable attorneys' fees that may be incurred by the City as a result of any breach of this improvement Agreement by the Developer. 5 (f) If the required improvements are financed and installed pursuant to a special assessment proceeding and the contractor has furnished a Faithful Performance Security and Payment Security as required by the special assessment act pursuant to which the improvements are being constructed, the improvement securities required under this Section may, in the sole discretion of the Director of Public Works be reduced by an amount corresponding to the amount of such securities so furnished by the contractor. (g) Any damage to Works of improvement or property as provided in Section 11 of this Agreement that occurs during or within one year after completion of the Works of improvement shall be completely repaired to the satisfaction of the Director of Public Works by Developer before release of improvement security. (h) Each security required in order to comply with this Agreement shall be maintained in full force and effect unless and until the obligation to provide such security is released, or partially released by the Director of Public Works in writing. (i) Release of each security by City shall be in compliance with Section 66499.7 of the California Government Code. G) Where the performance of an obligation for which a security is required is subject to the approval of another agency, the City shall comply with Section 66499.8 of the California Governrnimt Code. 6. ACQUISITION OF EASEMENTS AND RIGHTS-OF-WAY Developer represents and warrants that it or City has all easements or rights-of-way necessary to complete the Works of improvement required by this Agreement with the exception ofthe following: Affected APN Estimated Cost Item of Work Total Estimated Cost: (If no easements or rights-of-way are required, Subdivider shall so indicate by initialing this Agreement here: (Subdivider's initials). The Developer is required, within ten (10) days of the Effective Date of this Agreement, to deposit with the City a cash deposit in the amount(s) of the Total Estimated Cost specified above (if any) for the acquisition of any easement or right-of-way needed for the works of improvement set forth in this Agreement. If any easements or rights-of way are required then the condemnation clause, attached as Exhibit D is hereby made a part of this Agreement. 6 7. EROSION CONTROL Developer shall take all necessary actions during the course of construction of all improvements to prevent erosion damage to adjacent properties or improvements (including, but not limited to, City streets and other City infrastructure or property). It is understood and agreed that in the event of failure on the part of Developer to prevent erosion, City may do the work of improvement and/or erosion protection measures on an emergency basis and Developer shall reimburse City for the actual expenses incurred (including administrative and/or legal expenses) within thirty (30) days after City mails a billing statement for such expenses to Developer. If such reimbursement is not timely made, City is entitled to obtain such reimbursement from Developer and/or to proceed against the Faithful Performance Security to cover City's expenses. Developer shall implement the subject subdivision project work and the Works of improvement in compliance with all applicable requirements of the National Pollutant Discharge Elimination System ("NPDES") permit issued to the Santa Clara Valley Urban Runoff Pollution Prevention Program ("Program"), to govern the discharge of storm water and non storm water. All work shall also be in compliance with all other applicable Federal, State, and local laws and regulations. Compliance with the Program NPDES Permit requires the preparation and submission of a Storm Water Pollution Protection Plan ("SWPPP"), or a Water Pollution Control Program (WPCP"), and the approval of same by the appropriate reviewing authority prior to the start of any work. Information on the requirements may be found at the City Public Works Department under Order No. 01-119, or subsequent orders or changes to the Program NPDES Permit. Developer is required to implement best management practices during and after construction of the subject subdivision project work and the Works of improvement to minimize pollutant discharge for the development and life of all the work. Developer shall provide City with a written document describing the operation and maintenance of storm water treatment controls, which may be a part of the CC&Rs, a Maintenance Agreement, or other recorded document. 8. EARLY RELEASE Where the total cost of the Works of improvement exceeds $100,000, Developer may from time to time request a certificate of partial completion of Works of improvement for the sole purpose of obtaining a partial reduction in the retained amount ofthe Faithful Performance Security. Requests for a certificate of partial completion of Works of improvement shall be made in writing to the Director of Public Works on forms provided by City. No such request shall be honored and no reduction in the retained amount of any improvement security shall be made during the existence of any default in satisfactorily completing any aspect of the Works of improvement. In no event shall any single reduction be less than twenty-five percent (25%) of the total estimated cost of the Works of improvement, nor shall the total number of requests exceed three (3) in number nor shall the aggregate of all partial reductions exceed seventy-five percent (75%) of the original amount of the improvement security. No certificate of partial completion of Works of improvement shall be construed: (1) to constitute acceptance of the Works of improvement referenced in the certificate by City prior to the time formal action is taken by City to accept such Works of improvement; (2) to constitute acceptance by City of any offer of dedication of any interest in real property prior to the time formal action is taken by the 7 City Council to accept said dedication; (3) to constitute a waiver of any of the requirements contained in this agreement. The decision to issue a certificate of partial completion of Works of improvement shall be made by the Director of Public Works in hislher sole discretion. The determination of the Director of Public Works shall be final and conclusive. Any reduction in the amount of retained improvement security shall not reduce the obligations of Developer to City under this Agreement. In order for City to process a certificate of partial completion requesting reduction of the retained amount of the improvement security, Developer shall furnish to the Director of Public Works prior to or concurrent with the notice of commencing work, an itemized cost breakdown andlor adequate information for all items of improvement. 9. INDEPENDENT CONTRACTOR Developer agrees that, in making the required works of improvement, Developer is an independent contractor and not an employee or agent of City, and no person hired to furnish labor, materials, and/or equipment in connection with required works of improvement is an employee or agent of City. Developer shall comply with Labor Code Section 1771, generally requiring payment of prevailing wages when Developer is building the Works of improvement required under this Agreement. 10. TENTATIVE MAP The requirements of the tentative map shall not be overridden by the requirements of this Agreement. In the event of a conflict between the two, the City Engineer shall determine the most reasonable interpretation to assume satisfactory improvements for the benefit of the public. 11. PRESERVATION OF PROPERTY Developer shall exercise due care to avoid injury to existing roadway (whether public or private) improvements or facilities, utility facilities, adjacent property, and roadside trees and shrubbery that are not to be removed. Roadside trees and shrubbery; pole lines; fences; mailboxes; signs; markers and monuments; buildings and structures; conduits; pipe lines under or above ground; sewer and water lines; all roadway facilities; and any other improvements or facilities within or adjacent to any of the work, other than those to be removed in accordance with the plans and specifications, shall be protected from injury or darnage. If ordered by the Director of Public Works, Developer shall provide and install suitable safeguards, approved by the Director of Public Works, to protect such property, facilities, or objects from injury or damage. If such property, facilities, or objects are injured or darnaged by reason of Developer's operation, they shall be replaced or restored at the Developer's expense. The property, facilities, or objects shall be replaced or restored to a condition as good as when Developer entered upon the work, or as good as required by this Agreement, if any such property, facilities, or objects are a part of the work of improvement being performed under this Agreement. The Director of Public Works may make or cause to be made such temporary repairs as are necessary to restore to service any damaged roadway or other facility or object. The cost of such repairs shall be borne by Developer. 8 It shall be the Developer's responsibility to ascertain the existence of any underground improvements or facilities that may be subject to damage in the course of performing the Works of improvement. A minimum of forty-eight (48) hours, or two working days, prior to beginning of construction, Developer shall notifY Underground Services Alert ("USA"), telephone 1-800- 642-2444, to have existing facilities marked in the field. 12. PRE-CONSTRUCTION SURVEY Developer shall provide pre-construction color photographs prior to providing City with Notice of Commencing work and upon completion of the Works of improvement, 35mm or larger film size, of the work site including surrounding areas. Each photograph shall be marked to indicate the date, name of work, and the location where the photograph was taken. Photographs shall be taken at location intervals as directed by the Director of Public Works or hislher designee. Developer shall provide a sufficient number of photos to show the condition of the property before commencing the works of improvement and after completion of such work. The Director of Public Works shall have the fmal word on the number of photos required. Prints shall be submitted to the Director of Public Works in a three-ring photo album binder with clear plastic-covered fillers, four photos each side, grouped according to street, lateral, or line, and in sequence. Each group of prints shall be identified by a label that proj ects beyond the edge of the filler and is easily recognized. 13. RELEASE, INDEMNIFICATION, INSURANCE, AND ONE YEAR EXCLUSIVE RESPONSIBILITY (a) Release and Indemnification: Developer hereby releases and agrees to indemnifY, hold and save City, its officers, employees, and agents harmless from and against any and all darnage, injury, and/or death to persons and property, and any and all claims, demands, costs, losses, damages, injuries or liability, including attorney's fees, howsoever caused, resulting directly or indirectly from the performance or nonperformance of any and all work done or to be done pursuant to this Agreement, including without limitation any made or suffered by Developer or Developer's agents, employees, contractors, or subcontractors. Developer shall not be required to indemnifY and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. Without limiting the generality of the foregoing indemnity, such indemnity obligation expressly extends to and includes any and all claims, demands, losses, damages, costs, expenses, fines, penalties, judgments or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work of improvement. (b) Insurance: (i) Errors and Omissions Insurance: Developer hereby agrees to require each and every contractor or subcontractor involved in the design or construction of any works of improvement to carry errors and omissions insurance coverage (primary 9 as to City) as to such involvement in the minimum amount of two million dollars ($2,000,000) combined single limit and to name the City and its officers, employees and agents as additional insureds utilizing ISO form #CG 20 10 11 85 attached hereto as Exhibit E, or equivalent language approved by the City Administrative Services Director. . (ii) Commercial General and Automobile Liability Insurance - Developer hereby agrees to require each and every contractor or subcontractor involved in the design or construction of any works of improvement to carry Commercial General and Automobile Liability Insurance. This insurance shall protect contractors and subcontractors from claims for bodily injury and property damage which may arise because of the nature of the work or from operations under this Agreement. The coverage shall be at least as broad as Insurance Services Office (ISO) Commercial General Liability coverage (occurrence Form CG 0001), ISO Form G0009 11 88 Owners and Contractors Protective Liability Coverage - Coverage for Operations of Designated Contractor) and Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). Claims- made policies will not be accepted. The insurance policy shall be endorsed to name as additional insureds the City and its officers, employees and agents, using ISO Form CG20 11 85 (attached hereto as Exhibit E), or equivalent language approved by the City Administrative Services Director. This policy shall provide coverage to each of the additional insureds with respect to the works of improvement. Both bodily injury and property darnage insurance must be on an occurrence basis. Each policy shall be endorsed to provide primary coverage to the full limit of liability stated in the declarations. If the additional insureds have any other insurance or self-insurance against the loss covered by this policy, that other insurance shall be excess insurance and not contribute with contractors and sub-contractors' policy. (A) Amount of Coverage - The bodily injury and property damage liability of the Commercial General and Automobile Liability Insurance shall provide coverage in the following limits of liability: $1,000,000 per occurrence with an annual general aggregate limit of not less than $2,000,000, and $2,000,000 products and completed operations aggregate, combined single limit. The Automobile Liability insurance policy shall provide minimum limits of$I,OOO,OOO per accident for bodily injury and property damage. (B) Included Coverage - The Commercial General and Automobile Liability Insurance shall also include all of the following coverages: . Premises - Operations; . Owner'slIndependent Contractors and Contractor's Protective; . Products - Completed Operations; . Personal Injury - (False Arrest, Libel, Wrongful Eviction, etc.); . Blanket Contractual Liability, including the indemnity agreement in this contract; . Separation of Insureds/Cross-Liability Provisions; 10 . Duty to Defend All Insureds; . Deletion of any limitation on Coverage for Bodily Injury or Property Damage Arising Out of Subsidence or Soil or Earth Movement; . A provision that the annual general aggregate and the products and completed operations annual aggregate shall apply separately to the Works of improvement; . Pollution Legal Liability Endorsement; . XCU - Explosion, Collapse, Underground Damage. (XCU may be deleted with the City's prior written approval when not applicable to operations performed by the Developer or its sub-contractors.) (C)The certificate of insurance shall guaranty that the policy will not be amended, altered, modified, or canceled without at least thirty (30) days notice by registered mail to the Administrative Services Director, City of Saratoga; 13777 Fruitvale Ave.; Saratoga, California 95070. (D)In accordance with Insurance Code Section 11580.04, coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where any agreement to indemnify the additional insured would be invalid under Civil Code Section 2782(b). (v) The Administrative Services Director or the Public Works Director may modify the insurance requirements on a situation-by-situation basis. (c) City Acceptance Not a Waiver or Release: Non-waiver of Developer's Oblil!ations: Developer hereby agrees that notwithstanding any other provision of this Agreement, USE BY ANY PERSON FOR ANY PURPOSE OF ANY AND ALL OF THE WORKS OF IMPROVEMENT, SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF DEVELOPER UNTIL ONE (1) YEAR AFTER FINAL ACCEPTANCE OF THE SAME BY CITY OF THE COMPLETED WORKS OF IMPROVEMENT. It is further agreed that the acceptance of said improvements by City shall not eliminate or reduce any of Developer's obligations or undertakings contained in this Agreement. The issuance of any occupancy permit by City for any structure located within the subject subdivision shall not be construed in any manner to constitute an acceptance and approval of any or all ofthe Works of improvement in the subject subdivision. 14. LIABILITY FOR NONPERFORMANCE Neither City nor any of its officers, employees or agents shall be liable to Developer or its contractors for any error or omission arising out of or in connection with any work to be performed under this Agreement. 15. LIABILITY FOR PERSONAL INJURIES City shall not be liable to Developer or to any other person, firm or corporation whatsoever, for any injury or damage that may result to any person or property by or from any 11 cause whatsoever in, on, or about the subject subdivision of the land covered by this Agreement, or any part thereof. 16. OBLIGATIONS OF DEVELOPER Notwithstanding the fact that Developer's plans and specifications, completion of the work, and other acts are subject to approval by the City, it is understood and agreed that any approval by City thereof or any full or partial release of any improvement security shall not relieve Developer from satisfactorily performing said Work of improvement or its obligations under this Agreement. Compliance with the City's standards, specifications and all applicable laws, rules and regulations shall be the sole responsibility of the Developer. Developer hereby warrants that its plans and specifications will comply with all of City's standards, specifications and ordinances and that the work done pursuant thereto shall be in conformity with the said standards, specifications and ordinances and that they are adequate to accomplish the work in a good workmanlike manner and in accordance with sound construction practices. This warranty shall survive any review, inspection or approval by the Director of Public Works and any other City officers, employees or agents. 17. WARRANTY AND MAINTENANCE OF WORK Notwithstanding anything contained herein to the contrary, Developer further warrants and guarantees to City the materials used and workmanship performed on the subject subdivision for the maximum statutory period permitted under California law after completion and certification thereof by the Director of Public Works. In addition, Developer shall maintain the work for a period of one (1) year after acceptance of the work by City, or until all deficiencies in the work are corrected to conform to the plans and City's standards and specifications for the work, whichever date is later. 18. NO WAIVERS No waiver of any of the provisions of this Agreement shall constitute a continuing waiver unless expressly provided. No course of dealing between Developer and City, or any delay on the part of City in exercising any rights hereunder shall operate as a waiver of any rights by City, except to the extent expressly waived in writing by City. 19. SUPPLYING "RECORD DRAWING" PLANS Upon completion of the Works of improvement and prior to certification of completion, Developer shall supply City, at no cost to City, one mylar (4 mils) set of "record" drawings. These drawings shall be certified as being "record drawings" and shall reflect the improvements as actually constructed, with all changes incorporated therein. 20. NOTICE AND CERTIFICATION OF COMPLETION Developer shall advise the Director of Public Works in writing of the completion of the Works of improvement herein specified and request certification of completion. Upon determining the satisfactory completion of the Works of improvement by Developer the City Engineer shall issue a certificate of completion. For the purposes of this Agreement, the date of 12 completion shall be the date that the City Engineer issues a certificate of completion. After issuance of said certificate, as an alternate to submission of new and separate security for purposes of guarantee and warranty, the retained amount of the Faithful Performance Security may in the sole discretion of the Director of Public Works, be reduced to twenty-five percent (25%) of the original amount. 21. OWNERSHIP OF WORKS OF IMPROVEMENT Upon acceptance of any Work of improvement by the City Council of the City of Saratoga, such improvement shall become the property of the City without any compensation paid to Developer or any other person. 22. ASSIGNMENT This Agreement shall not be assignable by Developer without the written consent of the City. 23. SURVIVAL OF REPRESENTATIONS AIl promises, representations and warranties made by Developer pursuant to this Agreement shall survive the completion of the transactions contemplated by this Agreement, the acceptance of the work by City and any investigations or inspections made by or on behalf of City. 24. MODIFICATION AND COMPLETE UNDERSTANDING; BINDING ON SUCCESSORS AND ASSIGNS; RUNS WITH PROPERTY; ORIGINAL DEVELOPER PRIMARILY LIABLE This Agreement sets forth the complete understanding of the parties and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties in connection with the subject matter thereof. No supplement, modification, discharge, waiver or termination of this Agreement or any provisions hereof shall be binding unless executed in writing by the parties to be bound thereby. This Agreement shall be binding upon the successors and assigns of each of the parties. Developer shall inform potential buyers of parcels of land created by the underlying subdivision of the obligations on successors and assigns created by this Agreement. Developer shall provide a copy of this executed Agreement to each potential buyer. Developer agrees to provide City with acknowledgment of hislher disclosure to each potential buyer of their rights and responsibilities under this Agreement pursuant to the form provided in Exhibit F. Developer agrees that the sale of all or part of the lands of the underlying subdivision does not automatically transfer from or in any way relieve the Developer of the duties to perform or the security obligations of this Agreement. Those duties to perform and security obligations attach to Developer as of the Effective Date of this Agreement and remain until all obligations of Developer under this Agreement are fulfilled or transferred by substitution of a replacement agreement and replacement securities acceptable to the City. 25. HEADINGS NOT FOR CONSTRUCTION 13 The paragraph, subparagraph and section headings, if any, are not to be considered part of this Agreement and are included solely for the convenience and are not intended to be full or accurate descriptions of the contents thereof. 26. TIMING OF AGREEMENT The Parties hereby agree that time is of the essence as to this Agreement. 27. AUTHORITY TO EXECUTE Each of the signatories hereto warrants and represents that he or she has the authority to sign this agreement and to bind any party on whose behalf said signature is made and/or to bind any property with respect to which said signature is made. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto on ,2_. ~/~. ,/c (, Date 7-- ?-t c (.' 6 Date Date City By: Dave Anderson City Manager INSTRUCTIONS This Agreement shall be recorded. Owner(s) and Subdivider(s) signature(s) must each be acknowledged by a notary. Inform the notary that the acknowledgement is for an instrument to be recorded (California Civil Code 91169, et seq.) ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ~ (, (au:\... ) On GJ't' ~ 2fYOb, before personally a~J. t! c;-- " eM., CJ....' proved to me on the basis of satisfa tory e idence) to be the p ~ YJ~1- ftJ.-t1 <... ( sonally known to me (or ose name is subscribed to 14 the within instrument, and acknowledged to me that helshe executed the same in hislher authorized capacity as Subdivider, and that by hislher signature on the instrument, the person, or the entity on behalf of which the person acted, executed the instrument. Witness my hand and official seal. Signature ~ ~ UY- IJ [Seal] J.~ JOSEPHINE DY lEE J. -. Camm. # 1454966 ' Ul NOTARY ,",IIC. CAIIFaiN~ (fJ , SonIa Claro County - My Comm. Explrel Dec. e, 2007 .... 15 Order No. 0611000341-KC EXHIBIT "An LEGAL DESCRIPTION The land referred to is situated in the State of California, County of Santa Clara, City of Saratoga, and is described as follows: BEGINNING at a point on the Northerly line of Mendelsohn Lane, formerly Saratoga and Los Gatos Road, distant thereon North 89 degrees 35 minutes West 483.29 feet from the point of intersection of the said Northerly line of the Saratoga and Los Gatos Road with the Northwesterly line of Farwell Avenue, said Point of Beginning also being distant along the said Northerly line of the Saratoga and Los Gatos Road, South 89 degrees 35 minutes East 40.00 feet from the Westerly line of Section 7, Township 8 South, Range 1 West, Mount Diablo Base and Meridian; thence leaving the said Northerly line of the Saratoga and Los Gatos Road; and running N. 0 degress 29 minutes 50 seconds West and parallel with the Westerly line of said Section 7, a distance of 136.53 feet to a point in the center line of Wildcat Creek; thence down-stream along the center line of Wildcat Creek the following courses and distances North 61 degrees 35 minutes East 15.23 feet, North 37 degrees 14 minutes East 47.10 feet; North 68 degrees 21 minutes East 34.97 feet, South 68 degrees 27 minutes East 71.07 feet; South 79 degrees 20 minutes East 55.66 feet, North 6 degree 14 minutes West 52.51 feet, North 46 degrees 56 minutes East 92.39 feet, North 1 degrees 52 minutes East 49.13 feet, North 46 degrees 56 minutes 'East 55.00 feet, North 11 degrees 32 'minutes 56 seconds East 37.67 feet, and North 36 degrees 43 minutes 56 seconds East 48.86 feet to a point- in the center line of a proposed new highway; thence Northwesterly along said last named line on a curve to the left with a radius of 4040.00 feet, from a tangent bearing of North 45 degrees 28 minutes 46 seconds West through an angle of 7 degrees 09 minutes 29 seconds for a distance of 504.72 feet to the Westerly line of said Section 7; thence South 0 degrees 29 minutes 50 seconds East along said last named line 766.04 feet to the said Northerly line of the Saratoga and Los Gatos Road, thence South 89 degrees 34 minutes East along said last named line 40.00 feet to the Point of Beginning. BEING A PORTION of Section 7, Township 8 South, Range 1 West, M.D.M. EXCEPTING THEREFROM that portion thereof described in the Deed from Joseph N. Gresham, et ux, to the State of California, dated December 19, 1949 and recorded January 25, 1950 in Book 1915 of Official Records, Page 440 and more particularly described as follows: COMMENCING at the most Northerly corner of that certain 3.4723 acre tract of land conveyed to Joseph N. Gresham, et UX, by Deed recorded July 26, 1948 in Book 1652 of Official Records of Santa Clara County, at Page 442; thence along the Northeasterly line of said tract, from a tangent that bears South S3 degrees 09 minutes 52 seconds East on a curve to the right with a radius of 4040 feet, through and angle of 7 degrees 09 minutes 29 seconds, an arc length of 504.72 feet to the centerline of Wildcat Creek, said Creek centerline being also the Easterly boundary of said 3.4723 acre tract; thence along said centerline the following courses; South 86 degrees 12 minutes 46 seconds West 48.80 feet, South 11 degrees 01 minutes 56 seconds West 37.67 feet and South 46 degrees 24 minutes 50 seconds West 27.89 feet; thence leaving said Creek centerline North 71 degrees 10 minutes 28 seconds West, 10.61 feet to a point 110.00 feet Southwesterly, measured radially, from the centerline of the Department of Public Works' survey for the State Highway in Santa Clara. County between Saratoga and Los Gatos Road IV-SCI-42-A, thence North 13 .degrees 39 minutes 27 seconds West 57.29 feet; thence North 43 degrees 33 minutes 10 seconds West 147.36 feet to a curve cencentric with and 72.00 feet Southwesterly measured radially, from the centerline of said survey; thence from a tangent that bears North 47 degrees 44 minutes 18 seconds West along the last mentioned curve to the left, with a radius of 3928 feet, through an angle of 3 degrees 50 minutes 59.9 seconds an arc length of 263.94 feet to the Westerly line of said Section 7, said Section line being also the Westerly boundary of said 3.4723 acre tract; thence along said Westerly line North 1 degree 01 minutes 30 seconds West 85.89 feet to the Point of Commencement. 517-21-004 15042 upd ag 12/15/04 upd-b/SH/KH 6/16/06 SH/SoIJA A 517-21-4 Page 2 Premium covers 2 year term annual renewal premium due thereafter until bond is released by the City Bond #661118599 Premium $2,700.00 EXHIBIT B FAITHFUL PERFORMANCE BOND WHEREAS, the City of Saratoga, State of California ("City"), and David Cheng (Name of Subdivider, hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated improvements for the benefit of the public, which Agreement, dated , and identified as Project 50-03-11Zis hereby incorporated by this reference and made a part hereof as though fully set forth herein; and WHEREAS, Principal is required under the terms of the Agreement to fumish a bond for the faithful performance of the Agreement (including but not limited to the perfonnance of the work and a guarantee against any defective work or labor done or defective materials furnished for one year and thereafter until all deficiencies have been corrected to the satisfaction of and acceptance by City); NOW, THEREFORE, we, Principal and Lincoln General Insurance Company (Name of Surety), as Surety, are held and firmly bound unto the City, in the penal sum of Ninety Thousand 00/100 Dollars ($90,000.00) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that the obligation shall become null and void if the above-bounded Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perfonn the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein provided, on hislher or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to his/her or their true intent and meaning, and shall indemnify and save harmless City, its officers, employees, and agents as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included , . ..,.. I, in any judgment rendered. . The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement, the work to be performed thereunder, or the specifications accompanying the Agreement shall in any way affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. IN WJTNESS WHEREOF, this instrument has been duly executed by Principal and Surety on July 26, 2006 1 PRJNCIPAL: Date: Subdivider: David Cheng By: Name: David Cheng Its: SURETY: Date: July 26,2006 Lincoln General Insurance Company A P Co ration By: .. -- ......,~. -::-.....~.. ,~ 2 Bond #661118599 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN-BY TRESE PRESENTS; That Lincoln General ,Insurance CompBny,_.orgilni~and-e:xisting by virtue ofrhe La\.\'$ of fhe Commonwealth of Pennsy)vflnia', docs hel'tby nomin~l'e, cOO$titul'c ind"appoint: George Jimenez, James Olsen, Hope Olsen, Rosita Ciccolini ITS tl1lC and luwfur At1omcy(s)-in~Fael to sign. seal arid extc~t.c for and on. its behDJf, as s1.!ret)', bonds, undertakings, and other obligatory instruments of simiJar nature, and to bind it thereby as fully and to the same extent as if such instruments Were sil,'Tled by a duly authorized offi(.'C!' of the corporoltion, and all the acts of said Attorney, pursuant (0 iheauthority bereby given are hereby ratified and confirmed. RESOL VED-lhilt this Power of Attorney is grantcdsnd is sig'n~. sewed and l1otariZ.w with -fa_csimile signatures and seals under authOlity oftbc following resolutions udopted by the Board ofDireclors.ofLinc()ln Gcri.ml Insurance Company on the 4t11 day of September, 2002. RJ~OL VED that the President. an Executive or Senior Vic,c Pre.-idcnt._,or GlIy'VicePresidcn:t-,of:tl1c Company, together With lhe S'~creh'ry or any Assistant Secretary llre hereby "uih~tizcd to, -exeCUte __p.Oyilcn: .o~, AUQrney appointin$ the person{s) named as Attorney(.s.)-in-Fucllo date, execute sig", seal and deliver on behalf of the CompanYl fidelity _and surety'bonds, undenakings,and other similw. contracts of suretyship, and any related docutnents. RESOl.VED FURTHER that-the signatilre:s of the ofti'ccrs :makif!g me a_ppointmcnt. and the: signature of any officer certiryi~g the validilY and CUffent' status of-the llwointment, may be facsintHe fepresenhitionsof tho$C sigmitu~s; end the signature lUld seal or -un)' nOl.ll.TY, and the seal of the Company., mar be:, 'filcsimile rcpre.'ilcntations of those"signalures and SCaJs, IUld such faesim.i1c rcprcscntaliens of those signatures and seals, and such facsimile :representa,tions ,-shal) have the 'same force and effect as 'if n1<'l.nuuIJyaffixed. The fBCsimilc representationsrtferrcd.toherc:in may be'affixeQ by-s.tampitig.,priT)_ting,'ryping pr photocopyirlg. [N WITNESS WHEREOF', til1cohl General lnslinmce toinpo:nybas,ceu~d it'~ cotpornlf: 'tical to .be affixed IU\d these 'presents to bt signed by its duly authorized officer.slhis r5""dllyofOer.obcr~ 2004. . . . ~D;:~~_ b~~~......(lt~~, ~~!9f ~..~J&..J2 (~~;\')~! \O\~~~!Jj S<C/'ctary (>r....idei ~:rP. On ,this 15th (lay ofOclobcr. 2004, :bt;furc'mc.pc:rsonaiJy::~ 16bo T~: Cllrkt Jo ~ kn~.Wn..,:\i(ho' 'beihg d~!)".wom, did depose and suy: thot he .is the P-rC$idl:nt of the CorponllloD described in.-and.which executed,the above-instrWFlent: that he knowsrhe seal affixed to the afotesaid insu-umcnt is.such corporarc::,seal an~ ""lIS ,ft.ffl~cd.:tb,cre.to, by orde,r arc! ~ority o"fthc:Board of Dire:ctOrs of said Company; and that he executed the.-said instrument by like orderand authorny-artd, ~e sune Was his free act and deed. The Commonwealth .ofPennsylvanin York COUnty I<<)~- _ELmN~ NoIary PUbIc 'IOIlI( CITY;'IOQl( COUNT\' I,l\<~EJcpnaQcl29,2~ ~ d~ (r-" _. . .,. ' .., ~ '... /)4" . -I..Aj-4 / 01 I, Gary J. Orndorff, Secretary of,Lincoln General.Jnsurlm~~:GQ~~'y,.8 corpqriUion'of thc'C~mmonwealth ofPennsylVllnja.do hereby certify tnnl the above and foregoing IS II fuB, bue and.comet copy ofPo,wcr:ofAtt'citn'e;t iss:u,ed- by.said Company, and 0'" the y,ilole of the ongina.! and .1hat tin:: ~d Power .of Attorney: i~, 'S~U iil: ij,il.l {91W aDd: effeCt and hU nor. been rc:yoJced, and fuI1hc:rmorc,that the Resolution ofllie Board of Dircclors, set forth ,in the'said PoWer of Attom_cy is now in force. IN WITNESS WHEREOF, 1 have hereunto set mylwld and atfhced the seo_1 of stiid Company, at ~('lrkJ Pennsylvania, this 26th day of July , 2006 . Bond #661118599 ~,"mQllq'Jiii... ...... ,..'-I~.v'~94~'>'. . .,___~"":"."..'!.r...,, -1Ii' ~.. ,.' ~. ..rl".; it ot'. .' ..,o..t~8e." (>. . .' llti/rY > - ~\\1>i' = C!):.. 19"2.."7- -::1>11. =Z: . II 'OJ \"', "~-#; fe, -Q... . ~"""'.., . _ ~;,~~'ti'1 ~~""' .;"",,~ ....~....;:-,;,.'.~T ~"" . ~~ 'IlllllltflUII'"\\\: '~~!?2'~ .Sec"sw,; .,;i ':'.;'.-ri:i'ji:ii'.,';,Hii;, ;;;:J1lii'!'"~::i":'r!~':r'!'''''''~"1;r.!(l'l:rr;t:~'cUJ~'m1:::L'"I':l:;..=mlllllrl/i:tJ''''1a""'i;UI>II1i1"",1""m~",~,...."""",..."....",,,..:,,,,",,,,,.,,,~.,,,. ,,,,,,,,,,,_,,.,,~.",,';~""~_'_~".'_.,.'..~..r'.. . CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of CALIFORNIA ) ss. ) ss. County of LOS ANGELES On 7/26/2006 ,before me. Anthonv Khotsikian - NOTARY PUBLIC Dat. Name ano' TIl~ of Officer (e.g., oJanlt OeM, NOT AR'r' PUBLIC. personally appeared Georqe Jimenez - ATTORNEY-iN-FACT @ ANTHONY KHOISlK~ - -. CommlSllon" 1~7205' i..' NoIary Public: . CaUlo"*, j' !Do AnoMt CW1Iy f _ _ _ ~~~~_~2~~ iii personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Plsce Notary Seal Above OPTIONAL Though the information below is not required by I8w, it may prove valuable to p8rsans refying on the document and could prevent fraudu/rml removal and reattachment of this form to another document. Description of Attached Document Tille or Type of Document: Document Date: Number of Pages.: Signer(s} Other Than Named Above: Capaclty(ies) Claimed by Signer Signer's Name: o Individual o Corporate Officer - Tille(s): o Partner - 0 Limited 0 General iii Attorney in fact o Trustee o Guardian or Conservator o Other: f~IGHT TlllJr,lLJPf{ltJT Ur 5IGtH:R Top d Thumb tw~ Signer is Representing: o ImNllionaJ Noury....-.UlIOlI. 9150 o,s.xe"'yc.. P.O. Bo.l~1.o.u_nb,CA913]3.1~' ..._.M.lion~.or. P'rod.N<oJ907 Rt0rd4!1CallToO.Fn:,I.&lXl.87606&27 Bond #661118599 Premium Included on Performance Bond EXHIBIT C LABOR AND MATERIAL BOND WHEREAS, the City of Saratoga, State of California, and David Cheng (Name of Subdivider, hereinafter designated as "Principal") have entered into an Agreement whereby Principal agrees to install and complete certain designated improvements for the benefit of the public, which Agreement, dated , and identified as Project 50-Q3-112is hereby incorporated by this reference and made a part hereof as though fully set forth herein; and WHEREAS, under the terms of the Agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment bond with the City to secure the claims to which reference is made in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code of the State of California: NOW, THEREFORE, we, the Principal and the undersigned as corporate Surety (hereinafter referred to as "Surety"), are held and fmnly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the Agreement and referred to in Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Ninety Thousand 00/100 ($90,000.00) , for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that Surety will pay the same in an amount not exceeding this amount set forth. If suit is brought on this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney fees, incurred by the City in successfully enforcing the obligation, to be awarded and fixed by the Court, to be taxed as costs, and to be included in th~ judgment rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. If the condition of this bond is fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. \ ","", Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the tenus of the agreement of the specifications accompanying the agreement shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension, alteration, or addition. IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety on July 26, 2006. 3 -.,.1 PRINCIPAL: Date: David Cheng Subdivider By: SURETY: Name: David Cheng Its: Date: July 26, 2006 By: '1~ '...;.~ - ...... .- -- 4 Bond #661118599 LINCOLN GENERAL INSURANC.E COMPANY POWER OF A.TTORNEY KNOW ALL MEN BY THESE PRESENTS; That Lincoln Generallnsumm.'eComplln)',.(Jrgani7.~ and t'::jcisting by vinuc oflhe Laws- of the Commonwealth of Pennsylvania, does hereby nomjDlItc; constitute end appoint George Jimenez, James Olsen, Hope Olsen, Rosita Ciccolini Its true and lawful Attorney(s).in-Fael to' sign, seal arid execu.te for and. on its: behcJf, ,as surely, bonds, undertakings, and other obliglllory instrumemsor similar nature, and to bind it lhereby-as fully and to-the same extent as ifsucb instrume~ts were signed by a duly Buthorized officer of the corporation, and alllhe actEi of'said Att()rney. P,ursUt\llt (0 tne:.ll.uthority hereby given art hereby r3tifit..>(j and confLrmcd. RESOLVED thu.1 this Power of Allomoy is grunted: Ilnd is sig'ned, '&ewed.and notan,zed with facsimile signatures and seals under aurhority of the following resolutions Bdopted by fhe Board ofDirectol's of Lincoln General Insurunce COIT~pany on the 41h day of September, 2002. RESOLVED tlmt lhc:Ptesident; an :Exeeuti~'or Sct'lior- Vice Pn:i:ident, ,or'lU1yVid<Prt5idcnl of1h'e Compaffy. logether with the Secretary or any Assistant Secrctury ore hereby euthonzod toex~l,1te PowCB,gf AtfOmey appointin8',th~ pcrson(s) named as Attorney(s)-in-Facllo date, execute sign, seal and deliver on behalf ofthc.CotT!pany, fidelity rind surety bonds, undertakin~, 'and oilier similar contra!:Ui.of suretyship, and any relnted documctlts, RESOL VED FUR.THER that the signatures of the oftic~TS making 'the appointment; and ,Ihe -signature of any officer certifying the validity and currcntstatus of the appointment; may be facsintil~ reprcientations of those Sigmdures;.Bl1d the signature and seal or any notary, and the seal arthe Company, may berB~similc rcpresentations'oftbose,signaturc$ and sc:Jils, andsl,:lch fllcsimile represemations of those signatures and scl1ls. arid such; f~simil~ rtpresen14Uion~' shall have_ the same _ force and effect as jf manuulJyaffixed. The facsimile repr.escntnlions reCerred 'to hel'ein may- be afflxed by stamping. printing, typing or photocopying. lNWITNBSS WHER.E,OF.Uncoln ,Gt:neral Tnsuruilbt:C6mpanY-baso,clii1s<<l if.6.co'rporate,I~t'to:be l\ffixeli'and-thesc:PTescnti/to be signed by its duly Iluthoriud officers this 15'" duy ofbt;tobcr. :2'0'04. ~~ ~ r"'.~~;;';~~~).. ~.-/ / . . ~-:C' Jde..J2 ,{(1975lJ)r \,~...~~~." -~ ,~~ -"- ~"~>' On this 15lh day of October, 2004,_bcfdrc n..e ,personally came John T,. Clark, "to ~ kno,WQ,,:,Who'\)eini ~.4-lt$""o[n, djd de~ and Stly: ~at he :is' the P,residen!, of:the Cor:poratipn dc:scnOed in:and 'which 'Cxeeutetf..thl: abcYlfinsthl'nen~ 'that 'he knaws,th,,' seal uffixed to the aforesaid instrument is:such corporate: seal ancr wa$:&ffi,x.e~'then:to by' order and 811thon.ly of- th~ Doard of Direclors of said Company; l1T1d that he executed lhe.said lnstl11ment by _lIke ordtl' and Duchorhy and, llie ~ame was his,'fret ac.! and deed. TIle Commonwealth afPennsylvania )' ork County NO__ lIENEE llllll\lACS'l' "'''''Y''''b!Ic '/OAt( cm:YoRl< COlJNlY MIl CCINilIooIOn E~ 0<:1 29, 20DI J. Gary). Omdor/f,S..".elary of.Uneeln Gen....l In>u~~~i. .prpl!m~.!l;~f!!lc! C.oJ:ll!1!Onw..ltIl ofPenn.ylvlll1ia;de hereby c.ertifY that the .bo~ 'and foregoing IS-.,tun. true and COrrect cop,y ofPower'of-Aboniey lss~ed by sai(:l Compatly. and of the whole. of the original and that the said Po~J:' j)f Attorney' is sQll ;110 (ul.l fO,rce, and effect Imd h~ not beoet1 revoked. and furlhermore !hat Ihe Resolution of Uu:: Board of Directors. set fonh.tn 'the 'saidPo'Wtt of Attomcy: is nb~ in forte. (~04:nf~. . -1'A-';j ..,.. /. I IN WITNESS \VHEREOF. I huve hereunto 'set my hand and a~,ed the'seill df ~iCi.C.ompany. .!It York, Pennsylvania, this 26th day of July 2006 Bond #661118599 . ... '. '-",\huuuul.iq, . _ . .'....m~.... ffA':~~."....,*. ... $'"",.- gFO~!!,.~\ . 141....0 _ ,"'~ ce....~. .(') iz(. .1977,.~1'OJ.' \~\ 4.:: = -if".": \,,,~..:~.,. ...:.,.'.Ji. # 'OJ, ~}""'''''''''''''''' ~IIIJJ,~,.- ~\\~ -"UIltIllUl\l\\li ~79?:J- S<<1!dnt)l ";i;ij~,,;',rr"i1iii;'!""'~'W""""-~'":"..~~r.""":''''~~)m.,,!'~lI11l.<llll.li'''''''''^''~'''',",I'''''''''''''''''''''N>''''","""'''''',,,,~''~''''''''''''''''''_''~"'''~' ".'..'b.......'.._n._....~ .._...._.,.._,.~.,..,. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA ) ss. County of LOS ANGELES ) ss. On 7/26/2006 Dale ,before me, Anthonv Khotsikian - NOTARY PUBLIC NalTltl and Tille of Ol'flcer (e.g.. "Jane Doe, NOTARY PUBLIC. personally appeared Georqe Jimenez - ATIORNEY-IN-FACT ....-...---....----.-..J ANTHONY KH01$lK1AN ~@ Commission # 1472651 ~ is, Notary PuI>Ic - CaUlomIa J t. ... ... . . loa AngeI8l CC>II'1lY t ~ _ _ _ ~~:..~_~2~~ 111 personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s} on the instrument the person(s), or the entity upon behalf of which the person(s} acted, executed the instrument. Place Nolary Sui Abo..... OPTIONAL Though lhe information below is not required by law. it may prove valuable 10 persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document Tille or Type .of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies} Claimed by Signer Signer's Name: o Individual o COlJ'9rate Officer - Title(s): o Partner - 0 Limited 0 General iii Atlomey in fact o Trustee o Guardian or Conservator o Other: RIGHTl HUMUl'f<lrn or SIGNFR Top 01 Thumb hwa Signer is Representing: .0 1999 Na\ion;l.) NouryAlIOCilIiOll. 'mo O. ~AYI" r.o. Box2401' OIa3w<mb.,CA?IJIJ.l402. w_.nalionalnowy.llfl i'tod..!olo.S907 R..onkr. ClIUTolI.frn 1.&00.176-6&77 EXHIBIT D CONDEMNATION CLAUSE Within ten (10) days of the Effective Date of this Agreement, Deve]oper agrees to use best efforts to commence negotiations for acquisition of the required easements. Deve]oper shall base hislher offers to purchase the roadway easement or right-of-way on appraisals prepared in conformity with eminent domain law. Within sixty (60) days of execution of this Agreement, Developer shall provide the City with written documentation of acquisition efforts, including parties contacted, times of such contact, amounts offered, basis of offers, and property owners' responses. If developer has not acquire the required easements within sixty (60) days of the Effective Date of this Agreement, Developer agrees to deposit with the City of Saratoga within (70) days of the Effective Date of this Agreement a $ cash deposit to apply toward the costs required to acquire the roadway easement or right-of-way, including attorney time, appraisal and engineering services. Upon receipt of the security, City Attorney shall retain an appraiser and initiate negotiations with the property owners and, if necessary, shall initiate and diligent]y pursue eminent domain proceedings. Both parties acknowledge that the City Council of the City after authorizing staff to initiate eminent domain proceedings may, in its sole discretion, based on substantial legal justification for good cause, determine not to proceed or to abandon the eminent domain proceedings. The City shall consider initiation of a condemnation action pursuant to Civil Code Section ]001, Code of Civil Procedure Section 1245.325, Government Code Section 66462.5, and Chapter 14 of the Saratoga City Code. If the costs of acquisition are less than the required cash deposit, then the balance of the cash deposit thereon shall be refunded to the Deve]oper. If the City requires additional funds to pursue eminent domain proceedings, the Developer shall submit such additional funds, within thirty (30) days of a request by City. 21 EXHIBIT E FORM # CG 20 10 11 85 POLICY NUMBER: COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY ERRORS AND OMISSIONS THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CARE FULL Y: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: ERRORS AND OMISSIONS COVERAGE PART: SCHEDULE: Name of Person or Organization: City of Saratoga and its officers, employees and/or agents (Ifno entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE BENEFIT OF OWNER AND GENERAL CONTRACTOR SHALL BE PRIMARY INSURANCE AS RESPECTS TO ANY CLAIMS, LOSSES, OR LIABILITY ARISING DIRECTLY OR INDIRECTL Y FROM THE CONTRACTOR'S OPERATIONS AND ANY OTHER INSURANCE MAINTAINED BY OWNER AND GENERAL CONTRACTOR SHALL BE EXCESS AND NOT CONTRlBUTORY WITH THE INSURANCE PROVIDED HEREUNDER. 22 EXHIBIT F ACKNOWLEDGMENT OF DISCLOSURE UNDER SECTION 24 TO THE ATTACHED SUBDIVISION IMPROVEMENT AGREEMENT I, (name of purchaser of parcel of property in the subdivision known as , referred to as APN , and described more fully in Exhibit "I" to this Exhibit E), do hereby acknowledge that (Developer), has fully informed me of my responsibilities under the attached Subdivision Improvement Agreement. I understand that such Agreement shall be binding upon me and on my successors and assigns. I further understand that by purchasing a parcel of land created by the underlying subdivision reference above, I have certain obligations created by this Agreement, which are binding upon me and on my successors and assigns. I have received a copy of the Agreement executed between the City of Saratoga and Developer and understand the responsibilities imposed on me by the Agreement. IN WITNESS WHEREOF, this instrument has been duly executed by Purchaser as set forth below. PURCHASER: Date: By: Name: Its: 23 SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 2I CITY MANAGER: P J C'/ DEYfHEAD' ~O t AGENDA ITEM: ORIGINATING DEPT: City Manager PREPARED BY: Barbara Powell Assistant City Manager SUBJECT: Resolution Supporting State Legislation to Create an Independent Redistricting Process RECOMMENDED ACTION(S): Adopt resolution. REPORT SUMMARY: California Common Cause is requesting that California cities adopt a resolution in support of redistricting reform. SCA 3, a Senate Constitutional Amendment authored by Senators Alan Lowenthal (D - Long Beach) and Roy Ashburn (R - Bakersfield) to reform the redistricting process is currently being considered by the State Legislature. Senators supporting SCA 3 include Joe Simitian, Elaine Alquist, Christine Kehoe and Nell Soto; Assembly Members in support include Joe Canciamilla, Mark Leno, Joe Nation, and Lois Wolk. Other groups endorsing SCA 3 include the League of Women Voters, California, AARP, the State Building and Construction Trades Council, and the AFL-CIO. As indicated on Attachment "B", SCA 3 would establish an Independent Redistricting Commission (IRC) consisting of 11 members, chosen through a progressive selection process in which: 1. The Judicial Council creates an IRC selection panel of 10 retired judges; 2. Applicants submit their names for consideration to the panel; 3. The panel nominates individuals to create a pool of 50, balanced by party affiliation; 4. State lawmakers choose 8 ofthe 11 Cornmission members; and 5. The 8 Commissioners choose 3 additional Cornmission members. Additional endorsement of redistricting reform as a goal has been expressed by the distinguished signatories to the letter from "Voices of Reform", a project of the Cornmonwealth Club of California (Attachment "C"). I of2 The attached resolution generally supports redistricting reform, rather than specifying support for SCA 3. Therefore, should time constraints preclude passage of SCA 3 this session, the City's support for redistricting reform can be carried forward to the next legislative session, through the Council's adoption of the attached resolution. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): Council can choose not to adopt the resolution in support of SCA 3. FOLLOW UP ACTION(S): Send certified copy ofthe resolution to Christina Lokke, California Common Cause. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda according to the Brown Act. ATTACHMENTS: Attachment A - Resolution in Support of Redistricting Reform Attachment B - E-mail and Fact Sheet -- Cornmon Cause of California Attachment C - Letter from the Voices of Reform Project 20f2 RESOLUTION NO. 06- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING STATE LEGISLATION TO CREATE AN INDEPENDENT REDISTRICTING PROCESS WHEREAS, the current redistricting process creates a conflict of interest as state legislators are effectively choosing their own constituents; and WHEREAS, the redistricting process should be conducted in an open manner with real opportunities for public dialogue and feedback, not behind closed doors; and WHEREAS, Public input and involvement in the redistricting process will empower our communities from the start by allowing communities to elect representatives who represent their interests on issues that are important to their lives; and WHEREAS, the boundaries of congressional and legislative districts are currently drawn by legislative incumbents, often sacrificing the integrity of neighborhoods and cities; and WHEREAS, important principles such as the protections of the Federal Voting Rights Act of 1965 and respect for neighborhoods and cities should be clearly listed for a Commission to abide by; and WHEREAS, voters are more likely to participate when they feel that their vote will count and that they have a reasonable chance of electing candidates who represent their interests; and WHEREAS, Elected officials are more responsive to constituents when elections are competitive, thus increasing accountability and serving the best interests of the voters of California THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SARATOGA: I. The state of California should establish an independent commission, representative of California's diversity, partisan balance, and geography, for all future redistricting. 2. This Commission should be comprised of 11 members, with a balance of Democrats, Republicans and Independents in the state. The vote to pass any plan should require representation from all three. 3. District boundaries should be drawn by the Commission according to clearly described criteria, including respect for: . The U.S. Constitution's requirement of one person, one vote; . The Voting Rights Act (VRA); . Contiguity requirements (to draw districts as one connected area where possible); . Communities of interest; . City and county boundaries; and . Compactness. 4. The Commission should not draw maps based on the addresses of any individual, including an incumbent officeholder. 5. The Commission should conduct a transparent redistricting process with full opportunities for public participation. All redistricting plan information should be available in a timely fashion, free of charge, via a public website and other means. 6. Members of the Commission must be prohibited from all off-the-record communications with anyone (including lobbyists, political party officials, elected officeholders and candidates), except staff and legal counsel. 7. Redistricting should occur once every 10 years following the decennial U.S. Census and Congressional Reapportionment. The above and foregoing resolution was passed and adopted by the City Council ofthe City of Saratoga at a regular meeting held on the 2nd day of August, 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk From: "Christina Lokke" <christinalokke@gmail.colTl> Subject: Saratoga City Council Redlatrlctlng Reaolutlon Requeat Date: July 19, 20065:07:14 PM PDT To: kline@caspr.com t/ 5 Attachments. 342 KB "Save..!J July 19, 2006 Re: Request for a City of Saratoga Resolution supporting state legislation to create an independent redistricting process that respects communities and city boundaries Dear Mayor Kline: On behalf of California Common Cause, I am writing to request that you consider passing a city resolution in support of redistricting refonn - calling for an independent commission, clear mapping criteria, and a transparent public input process. California Common Cause has been a leader in working with the State Legislature to craft a fair and independent solution to the current redistricting process. We support SCA 3, a Senate Constitutional Amendment authored by Sen. Alan Lowenthal (Oem) and Sen. Roy Ashburn (Rep), to refonn the redistricting process. SCA 3 has also been endorsed by such groups as the League of Women Voters - CA, AARP, and the Sta1e Building and Construction Trades Council, AFL-CIO, among others. Common Cause has been working with California cities to pass resolutions supporting redistricting refonn. Palo Alto recently passed such a resolution. I have attached a sample redistricting resolution for you to consider passing in Saratoga, as well as some infonnational materials regarding SCA 3 and a copy of this letter. In a recent statewide poll, we found that 66% of Californians support a redistricting process that will take the power to draw lines out of the hands of incumbents and place it in the hands of an independent, representative, and balanced commission. Over 80% feel it is time to make the process more transparent to the public and give communities a real say in the outcome. Even amongst voters who voted against Proposition 77, a majority would support refonn of our current system along the lines of the sample resolution. Redistricting should be about respecting our cities and neighborhoods, not serving the interests of incumbents. Refonn is vital to ensure that local communities are not split up as some were in the 200 I redistricting process. Redistricting refonn will also help guarantee that every citizen is given an equal vote and it will help to uphold the provisions in the Voting Rights Act. This is an important time for redistricting refonn as the California Legislature considers passing SCA 3. Passage by Saratoga of a City Council resolution supporting redistricting refonn will send a strong message that the people of California support meaningful redistricting refonns. The Legislature does not often hear from the perspective of cities and counties regarding redistricting. Passage of a resolution will show them that cities and counties do not want to be cut up by redistricting. If you any questions please feel free to contact Christina Lokke at (916) 443-1792 or our Executive Director Kathay Feng at (213) 252-4552. Thank you, Christina Lokke California Common Cause ChristinaLokke@ll'mail com SCA 3r Independent Redistricting Commission As of June 1 S, 2006 SELECTION OF THE INDEPENDENT REDISTRICTING COMMISSION (IRq \1- ~ tIl _"'iii .. .. "'^"..'~.'~:. .r*rt'i;:.. Step 1: IRC Selection Panel formed. People apply. The Judicial Council creates an IRe selection panel of 10 retired ludges (5 Democrats, 5 Republicans). Applicants submit their names to be consldfltr~. Step 2: Applicants screened. Pool created. The selection panel screens the applicants for conflicts of interest (no electedsj no lobbyists; and no employees, consultants, or relatives of electeds). The seJection panel will nominate people to create a pool of 50 balanced by party (20 Democrat, 20 Republican and lOaf neither malor party), gender, ethnic1ty, region and relevant expertise. Step 3: State lawmakers pick 8 of 11 commissioners. .4 legislative leaders (Senate President Pro Tem, Senate Minority Leader, Assembly Speaker, and Assembly Minority Leoder) each can strike up to 2 names from the pool. They then each pick 2 nominees from their own party from remaining pool to serve on the commission. These 8 Commissioners will consist of 4 Democrats, 4 Republicans. Step 4: II person Independent Redistricting Commission is created. The 8 Commissioners will choose the last 3 Commissioners, who are not registered with either major party from the pre-screened pool of nominees. One of the independents will serve as the Commission Choir. . REDISTRICTING CRITERIA The IRC must draw the districts following these criteria in this order: I. Equal Population 2. Voting RighI. Ad 3. Geographic Contiguity 4. Communities of Intere,t 5. City and County Boundarie, 6. Campadness Assembly districts will be nested in Senate districts which will be nested In Board of Equalization districts. Ii it III I!!! !!! I!!! Ht 1111 Iii I!I! II! !I!!!I !II!! Ii Ii "If, -" ~ I~I .. PROCESS: HEARINGS AND VOTING 1. The IRC must hold public hearing' around the state. The Bagley Keene Act on public meetings applies. 14 day notice for each hearing must be provided. 2. No secret meetings. Off the record meetings with legislators or people whh conflicts of Interest are prohibited. 3. Vote. To adopt a map, 6 of' 1 IRC members must vote to approve It. (Ind. 2 Oems, 2 Reps, 1 100) 4. Redistricting is done once a decade, after the release of new Census data. ** Note: SCA 3 Is still winding its way through the legislature and subjed to amendment. Organizations and individuals interested In expressing support far or Input to the bill may cantad Leticia Garcia at Senator lowenthal', office -leticia.Garcia((j)SEN.CA.GOV. If you are Interested in joining coalition advocacy efforts. please contod Kathay Feng at kfena((i)commoncause.ora or Trudy Schafer at tschaferta:llwvc.ora. (t i Created by California Common Caule. for more Info, call (213) 252-4552. iil1 ~ ~i : .. : ~~:,..i _""",,_,...l IRC:SC:A3Sim doc (36 I) KR} NEW DRAFT od{ (756 KB) SAMPLE REDl or. l27 0 KB) SaratQaa email doc (27 0 KR) ~. Promoting State Governance that is Responsive, Representative, and Fiscatly Sound ,,'---:tll{>"", /...~~.,....,:!:t.., /.-"..~",. .o".ffl,..... ...';t. {.:r~'./"'<'" I>~"~.'; "'1 \8'; '.' !ei ''*-\''''"" /.ll '{Z~,~~{,/ THE COMMONWEAlTH CWB OF CALlFORNIA'S VOICES OF REFORM PROJECT May 31, 2006 (This draft reffects signatures added to this letter since 5/31/06")" California State Senate State Capitol Building Sacramento, CA 95814 Dear Senator: We wish today to express our strong support for improving the integrity of California's legislative redistricting process. Over the past several weeks more than 100 Californians - community leaders who represent the breadth of this state's political spectrum - have volunteered to identify fundamental reforms that could significantly improve the quality of public policy in a wide range of areas and help restore public confidence in government. Our intent is to convey broad, bipartisan support for action on the part of the state's elected representatives, while also promoting public awareness of these critical issues. We include professionals from government, academia, journalism, issue and community advocacy, labor and business. We are diverse in political affiliation, professional experience, and regional origin. We have in common, however, an unwavering commitment to the future of our state. Each of us has dedicated much of his or her professional life to public service, and we agree that the state's policy-making should be conducted - and has the potential to be conducted - in a responsive, representative, fiscally responsible, transparent and publicly accessible way. Moreover, we share a belief that sound public policy provides the structure for a vibrant, inclusive economy, opportunity for all Californians, and wise planning for future generations. Unfortunately, we also are united in the view that California's current system of politics and government is falling short of this goal. This need not be the case. We can improve the way government works. We can broaden real access to the institutions of government and improve how they are perceived by the public. We can restore trust in government. Genuinely achieving this result will require reform in multiple areas, none of which will be easy. It will require meaningful change in the process by which the state budget is determined and managed, in the way political campaigns (for candidates and initiatives) are financed, and in how the state's initiative process functions" It will require reform that creates real opportunity for ordinary citizens to run for public office, that addresses the conditions and rules under which officeholders serve, and that enhances public participation in policy making. We believe multi- faceted change in these areas is essential to the future success of California, and we urge your support and cooperation to secure that change. May 31, 2006 Page Two Reforming the process for drawing congressional and legislative districts would be one vital contribution to this goal. That process has evolved over the years, due in no small measure to advances in technology. Since the 1970s, districts have been drawn both by the Legislature and by retired judges appointed by the state Supreme Court. Based upon this experience, many people believe that a nonpartisan, neutral hand would improve not only the process but also the public's regard for the process. An independent commission would ensure open, responsive and accountable redistricting. The time for ongoing deliberation on this and other needed reforms has passed. We call upon the California Legislature to rise above partisan differences, to resist allowing the perfect to be the enemy of the good and to act decisively to create this first, significant reform. We offer our encouragement and help, and we confirm, by virtue of our signatures, our support for the following redistricting position: Statement in SUPDort of Redistrictinq Reform We believe that the inherent conflict of interest that results from legislators directly determining the shape of the districts for which they or other members of their party will compete in future elections contributes to the erosion of public confidence in government, undermines genuine political representation and has the potential to negatively affect the quality of public policy. Therefore, we support steps to eliminate this conflict of interest and related incentives to create non-competitive, safe seats, while strengthening the overall integrity of the legislative redistricting process. Achieving these goals should include, at a minimum, the following actions: 1) Establish a process that is representative of the state's diversity for appointing an independent redistricting commission balanced in partisan representation; 2) Establish a transparent and inclusive process for the independent commission to integrate public comment into the redistricting process. This should include public meetings throughout the state and timely public access to any substantive material under consideration by the commission; 3) Ensure the independent commission complies fully with the Voting Rights Act and equal population requirements; and 4) Ensure clear guidelines are established directing the commission to respect traditional redistricting criteria including (but not limited to) respect for communities of similar social, cultural, ethnic, geographic, or economic interest, respect for city and county boundaries, and formation of contiguous districts. 2 May 31, 2006 Page Three We have great confidence in the institutions of Government in California, including the office of the Governor and the Legislature. The recent agreement to submit an infrastructure bond proposal to the voters this November is the most recent example of our elected representatives working together. It is in this spirit that we express encouragement and support for legislation that can strengthen the quality of our policy making process, thereby laying the foundation for California's talented, resourceful, innovative, and richly diverse population to achieve its greatest potential. Again, we offer our genuine and sustained support and assistance toward this goal. Sincerely, Fred Keeley (Co-Chair) Former Speaker pro Tern, California State Assembly Dan Schnur (Co-Chair) Former Communications Director, Governor Wilson Gloria Duffy President and CEO, The Commonwealth Club of California Leon Panetta Director, Leon & Sylvia Panetta Institute for Public Policy James L. Bru/te Former Republican Leader. California State Senate Former Republican Leader, California State Assembly Warren Christopher Former U.S. Secretary of State Robert Saldich Chair, Commonwealth Club Board of Governors Former President and CEO, Raychem Corporation Robert Hertzberg Former Speaker. California State Assembly Bill Leonard Former Republican Leader, California State Assembly Duf Sundheim Chairman, California Republican Party John Van de Kamp Former State Attorney General Matt Fong Former State Treasurer A. Alan Post Former California State Legislative Analyst Ted Costa CEO, People's Advocate Betty Yee Member, State Board of Equalization (District 1) Ric Bainter State Chair, California Common Cause Jim Cunneen Former Member, California State Assembly Jon Coupal President, Howard Jarvis Taxpayers Association Jackie Jacobberger President, League of Women Voters of California Robert Naylor Joel Fox Former Republican Leader, California State Assembly President, Small Business Action Committee Lou Paulson President, California Professional Firefighters Dwight Stenbakken Deputy Executive Director, California League of Cities (for identification only) Jeannine English Tracy Westen Former Executive Director. Little Hoover Commission CEO. Center for Governmental Studies 3 May 31. 2006 Page Four George Kieffer Former Chair, Los Angeles Chamber of Commerce Doug Johnson Fellow, The Rose Institute of State and Local Government, Claremont McKenna College Steven A. Merksamer Former Chief of Staff, Governor Deukmejian Kathay Feng Executive Director, California Common Cause Tom Porter State Director, AARP Connie Conway Supervisor, Tulare County President, California State Association of Counties David Lesher Steve Blackledge California Program Director, New America Foundation Director, CALPIRG David Abel George Mitrovich Chairman, California Center for Regional Leadership President, The City Club of San Diego Robert Stern President, Center for Governmental Studies Tim Gage Former State Director of Finance. Governor Davis Victor Weisser President, California Council for Environmental and Economic Balance A.G. Block Former Editor, California Journal Lou Cannon Journalist and Ronald Reagan Biographer Steve Falk President and CEO, San Francisco Chamber of Commerce Susan Lerner Phil Trounstine Executive Director, California Clean Money Campaign Former Communications Director, Governor Davis Paul Turner Senior Program Manager, Greenlining Institute Peter Mehas Former Education Secretary, Governor Deukmejian William T. Bagley UC Regent Emeritus Former Member, California State Assembly Bill Mundell Chairman and CEO, Vidyah, Inc. Raphael J. Sonenshein Professor of Political Science, CSU Fullerton Tony Quinn Co-Editor, California Target Book Elisabeth Kersten Former Director, Senate Office of Research R. Sean Randolph President, Bay Area Economic Forum Elizabeth Sholes Director of Public Policy, California Church IMPACT Paula Lorenzo Chairwoman, Board of Directors California Tribal Business Alliance Barbara O'Connor Director, Institute for the Study of Politics and Media, CSU Sacramento Allan Hoffenblum Publisher, California Target Book Ronald O. Loveridge Mayor, City of Riverside Daniel Mazmanian Director, Bedrosian Center on Governance and the Public Enterprise 4 May 31, 2006 Page Five Gary Dymski Nick Bollman Director, University of California Center, Sacramento Former President, California Center for Regional Leadership Martha Kanter Chancellor, Foothill-De Anza Community College Disttrict Susan Clark Executive Director. Common Knowledge (for identification only) David B. Wolf Co-Founder, Campaign for College Opportunity (for identification only) Elizabeth Graddy Professor of Public Policy, University of Southern California Adrian Moore Vice President, Reason Foundation Steven Hill Political Reform Director, New America Foundation Lynn Vavreck Professor of Political Science, UC Los Angeles Steven B. Frates Senior Fellow, The Rose Institute of State and Local Government, Claremont McKenna College Melissa R. Michelson Professor, CSU East Bay Kenneth P. Miller Professor of Government, Claremont McKenna College John Husing Vice President, Economics and Politics, Inc. Steve Grace Board Member and Former General Manager, L.A. Cable Television Access Corporation Gerry Ue/men Professor, Santa Clara Law School Peter Scheer Executive Director. California First Amendment Coalition Ruth Holton-Hodson Former Executive Director, California Common Cause Steve Weiner Co-Founder, Campaign for College Opportunity (for identification only) Michael Alvarez Professor, California Institute of Technology Terry Christensen Professor, San Jose State University Chuck Center Former Executive Director, State Council of Laborers Lisa Garcia Bedolla Associate Professor of Political Science, UC Irvine James P. Mayer Executive Director, New California Network Alan Mo"ison Senior Lecturer in Law, Stanford University Maika Kopell Founder and Executive Director, Community Focus (for identification oniy) Jami Warner President, JWarner Group Malin Burnham Chairman, The Burnham Companies T. Michael Nevens Retired Managing Director, McKinsey & Company Global Technology Practice Gwyneth Borden Manager, Corporate Community Relations, IBM (for identification oniy) Russell Hancock President and CEO, Joint Venture: Silicon Valley Network 5 May 31, 2006 Page Six Scott Harris Executive Director, Golden Again Rolando Esteverena Member. Commonwealth Club Board of Governors Bill Bogaard Mayor, City of Pasadena 6 SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: CITY MANAGER: P -7 /}/ 3 ORIGINATING DEPT: Community Development PREPARED BY: Richard Tavlor City Attorney SUBJECT: Adoption of an Ordinance Amending Saratoga City Code Sections 14-25.110, 15- 80.090 and Article 16-60 Concerning the Emergency Warning Alarm System and Adopting by Reference the Saratoga Fire Protection District Standards and Requirements for the Early Warning Alarm System RECOMMENDED ACTION: Conduct public hearing on updated Early Warning Alarm System (EW AS) Ordinance and adopt ordinance. REPORT SUMMARY: At the July 19th 2006 City Council meeting, the Council accepted the recommendation of the Planning Commission and introduced an ordinance updating the Emergency Warning Alarm System regulations and adopting by reference the Saratoga Fire Protection District Standards and Requirements for the Early Warning Alarm System. Because the ordinance includes adoption of another agency's regulations by reference, state law requires that a second public hearing be held. The City Council at its July meeting adopted a resolution calling that second public hearing for August 2, 2006. No changes have been proposed to the ordinance as presented in the staff report of the July 19, 2006 meeting. Please refer to that staff report for additional information regarding the ordinance. ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 1506 I (3). The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the city has had the existing ordinance in place for over 20 years and the update ofthe ordinance would not have any impact on the environment. ALTERNATIVES: Decline to adopt the amendments or proposed further revisions to the specific text of the proposed amendments. Any substantive amendments would require an additional public hearing. FISCAL IMPACTS: Not applicable. FOLLOW UP ACTION: Codify amendments and make copies of Saratoga Fire Protection District standards available for public review in the offices of the City Clerk and the Community Development Department. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting and notices published in the Saratoga News. ATTACHMENTS: Staff Report for July 19, 2006 Meeting. SARATOGA CITY COUNCIL MEETING DATE: July 19,2006 AGENDA ITEM: ORIGINATING DEPT: Community Development PREPARED BY: Richard Tavlor City Attorney SUBJECT: Adoption of (I) an ordinance amending Saratoga City code sections 14-25.110, 15- 80"090 and article 16-60 concerning the emergency warning alarm system and adopting by reference the Saratoga Fire Protection District Standards and Requirements for the Early Warning Alarm System and (2) resolution for Hearing on Adoption of Saratoga Fire District Early Warning Alarm System Standards. RECOMMENDED ACTION: Conduct public hearing on updated Early Warning Alarm System (EW AS) Ordinance, introduce ordinance and waive first reading, adopt resolution setting an additional public hearing for August 2, 2006 and adopting fire hazard area map. REPORT SUMMARY: At the April 19th 2006 City Council meeting, the Council reviewed proposed amendments to the EW AS ordinance and recommended the proposed amendments be reviewed by the Planning Commission and brought back to the City Council for final review and approval. The Planning Commission recommended approval by a unanimous vote at its meeting of June 28, 2006. The Planning Commission requested that the ordinance be revised to clarify the meaning of a "use involv[ing] the care or supervision of building occupants." (See sections 14-25.1l0(c)(4) and 15-80.090(c)(4).) Accordingly, the Fire District has recommended that the phrase be clarified by adding "such as day care facilities for children or senior citizens." Staff concurs in this recommendation and has made the appropriate revisions in the attached ordinance (Exhibit A). The ordinance is otherwise consistent with that reviewed by the City Council on April 19th . A copy of the Planning Commission staff report with background information on the ordinance is attached for your information (Exhibit C). A representative of the Fire District will be available at the meeting to answer questions regarding the ordinance. Because the ordinance adopts the Fire District's Early Warning Alarm System Standards by 1 reference, special procedural rules must be followed. After the first reading of an ordinance adopting another agency's standards by reference, the City is required to adopt a resolution setting the matter for a public hearing. A resolution to set the hearing is attached. ENVIRONMENTAL DETERMINATION: The proposal is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15061(3). The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the city has had the existing ordinance in place for over 20 years and the update of the ordinance would not have any impact on the environment. ATTACHMENTS: Attachment A: Ordinance amending Saratoga City Code Sections 14-25. 110, 15-80.090, and 16-60. Attachment B: Resolution Setting a Public Hearing for Adoption of Saratoga Fire District EW AS Standards and Requirements by Reference Attachment C: Planning Commission Staff Report. 2 Attachment A ORDINANCE AN ORDINANCE OF THE CITY OF SARATOGA AMENDING SARATOGA CITY CODE SECTIONS 14-25.110, 15-80.090 AND ARTICLE 16-60 CONCERNING THE EMERGENCY WARNING ALARM SYSTEM AND ADOPTING BY REFERENCE THE SARATOGA FIRE PROTECTION DISTRICT STANDARDS AND REQUIREMENTS FOR THE EARLY WARNING ALARM SYSTEM THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. The City of Saratoga has designated as a hazardous fire area the lands shown in Exhibit I to this ordinance due to extensive grasslands, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire area is impaired due to: (1) non- availability of access to some portions of that area; (2) steep, narrow streets and roadways; (3) lack of connecting streets and roadways; and (4) the unusual topography of that area. Further, the presence of heavy vegetation in that hazardous fire area increases the potential for the rapid spread of any fire which may start in that area, particularly during seasonal dry spells. B" A substantial portion of the new single-family dwellings being constructed in the City of Saratoga are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. C. The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification of the fire district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. D. Because commercial buildings and community facilities are public gathering places, the public health and safety risks of fire are particularly acute. Immediate warning of fie and notification to the District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. E. Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazards while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. F. The City Council ofthe City of Saratoga held duly noticed public hearings on July 19, 2006 and August 2, 2006 to consider amendments to the City Code to replace - 1- outdated requirements pertaining to early warning alarm systems with standards recommended by the Saratoga Fire Protection District. G. After considering all public testimony and materials presented in connection with the proposed ordinance the Planning Commission recommended adoption of the ordinance on June 28, 2006 following a duly noticed public hearing and the City Council has accepted the recommendation of the Planning Commission" H. The proposed ordinance will further the objectives of the Safety Element of the City General Plan. 1. The proposed ordinance is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Sections 15061(3), the general rule exemption and 15308, "Actions Taken by Regulatory Agencies for the Protection ofthe Environment", Class 8, of title 14 of the California Code of Regulations. Public Resources Code (CEQA). Section 2. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikesllt). Text in standard font remains unchanged by this ordinance. A. B. C" Section 14-25.100 is amended as shown in Exhibit 2 to this Ordinance; Section 15-80"090 is amended as shown in Exhibit 3 to this Ordinance; and Article 16-60 is amended as shown in Exhibit 4 to this Ordinance. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase ofthis ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase ofthis 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 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 of the City of Saratoga held on the 19th day of July, 2006, and was adopted by the following vote following a second reading on the 2d day of August, 2006: - 2- AYES: NOES: ABSENT: ABSTAIN: NORMAN KLINE MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: CATHLEEN BOYER CITY CLERK APPROVED AS TO FORM: RICHARD S" TAYLOR CITY ATTORNEY / - 3- Exhibit 1 Hazardous Fire Area Map - 1- City of Saratoga Designated Hazardous Fire Area - Early Warning Alarm Systerr For use in administering Early Warning Alarm System Requirements per Saratoga City Code Sections 14-25.110, 15-80.090 and 16~O-o10 et seq. Legend _ Hazardous Fire Area - Saratoga City iimit I"l.......J""LJ o 0.25 0.5 I Miles 2 1.5 Copyright 2006 County of Santa Clara, All Rights Reserved . Exhibit 2 AMENDMENTS TO SECTION 14-25.110 SARATOGA SUBDIVISION ORDINANCE RE: EARL Y WARNING FIRE ALARM SYSTEM ~14-25.1l0 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (I) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as hazardous fire areas, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the non-availability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells" (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fIre to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Innnediate warning offrre and notification to the frre district of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. ill- Becanse commercial buildimrs and communitv facilities art:: public e:atherimr places. the public health and safet\' risks offire art:: particularlv acute. lnmlediate '\laming o1"'l1re and nolification to the fire d.g;tricL9_Lthe existence and location atfire will sen'e TO .Leduc~.the possibilitY' of death. iniurv and pwpert\' damage: in these structures. (0.(D The public safety and welfare may necessitate installation of an early warning frre alarm system in a connnercial structure or connnunity facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (& n It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fIre alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Reside"H"l-'tFu_~Iandatorv rC<1uircment for installation of alarm svstem. As a condition for tentative map appro V" i under this Chapter, the advisory agency shall require the installation of an early warning frre alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to-llJe-<ligita-Hilaffll COH1H-1Hl-llt.'-atBH't't-e-i'v€>f-FHamfatHt'11 a Jll()J1itorine: station in such manner as may be soccified by the Saratoga Fire District, - 1- Subdivision Code Amendments in each of the following cases: (1) All new single-family dwellings. commercial stluctnres and conununitv facilities and an:,' l2:jsting siflgle-fa'n~y-d'.'.ellings-which are e"panded 13y tift)' pereent OHnel"~~SS 1100r area,wJ~,,;;Jq :I:le-W-ef-t!:l(fHln4.~J, d''';el1iRb~located within a designated hazardous fire area. (2) ll.t1V existing sinde faTlJilY dwelling. commercial strucnlTe or community facilitv\vhich is expanded by .fiftv oereent or more in gross :floor area and is located \vithin a designated hazardous tire aren. (Jl) All new single-family dwellings. coml11t,:rcial structures and c0J1111lunitv facilities having a gross floor area in excess of five thousand square feet. (;;:D Any existing single-family dwelling. connnercial structure or community facility which is expanded by fifty percent or more in grQ&floor area which, after such expansion, will exceed five thousand square feet in gross floor area. (4;;) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other conununity housing projects, townhouses and nursing homes. (2)g) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in Paragraph (4:j.J above, which is expanded by fifty percent or more in gross floor area" (c) DiscrcHolUlf\' rcouircmcnt for crrtain existin1!: Gs.ommercial structures and community facilities. lVhere an existin!! commercial structure or conununitv [aeilit\' is remodeled or the use thereof is chanlled. and such commercial jJ.!:!.!fIllttLPl" community facility either: (11has n g[95~ nooL~rea in excess of five thousand square feet or (Ii) regardless of size, is locJted within a designJted hazardous fire an::a. Whe+l-SB-Tetltt~then the Chief of the Fire District having jurisdiction over the project , the ad':isor:,. age-flGY snaIl impose as a eondition for tenlati':e map appro', al uIlaer this Q;apl"".D1~.'LI.~g]Jl!,,_the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to-tllt'-ffig.itaJ alurm el1H"'*'lti'*l1eH~iHtain<.>J a monitoring slation in such manner as 111a\' be specified by the Saratoga Fire District.:.. in Hew commercial stTl:1C~Ures or eOTInllLmi::, 4:1H."'-:i:Htte5-,of~~5-ti:l:1g-€(HflnleFC...ial"SiA:H_"-ffif-tY:tf--€e-ffHEHai-ty~f.'ac--i+j.ty-whi€h-ifrt~])aIHk>B-ey--fl-ft-J'i3t.~-+rt-g-l:es-s &HHlH.<a-;-t\s-tls...~d here ill, tlle...te~H~ia-k~.:!..i:J:l€tH-detr,-9Ht-is-RHt-limi:te4-to,-<+ffic-e- building:;. retaikto~ rest~:uranL, repair shops. ~md indlls1Tial buildings. anc~ the term '\:ommuni::., fneiJit) ,. includes. but is not limi:ed :0, S€-llo-GtS,tl,t:.~'--S-,---€--lUlf€-hes,met-qtRb~iHb-a:Hd conJer(':nee---€-t..~ll+-de-t-e-F.It-m'tiflb~~-~fe-iH5-Htl.J.a~b s--y-s-tt.>fl'i~>f.j.l:e-Grnef.sHa-n-b~-gHtae~~:ng--ee-nstderatien;;: lIthe requirement to install an alarm system is imposed. it sh<111 be made a condition oftentative maD aovl"Ovalunder this Chapter. The detelminatioll b\' the 11re chief sh?lL be bas..ed upon anyone Of more of the follmvim! considerations: (1) The number of people e~~pccted to OCtoUP)' :he building on a rc.:;ular !)Qsis. (2) Tile interior afl<l-t...teJi<>F-oo~;Bfl-6f the bClildi&,,'-alliJ..tIH..>..fu,, re"dant HalBIe "fiRe materials utilized in the CORstTuetlofl thereo1"~ (;t-...._..-+ll<Ylill~<h"lrtetlH>f.BffieJ~~i"biBg and tire.alal'm.t1",,*,-"5-iustalled '" jlhi" tbe-l'lHililiHg, (4J-------Wj"'tbeI-'*ly-lliglHy-tlanunahl;".""j>les.i\'<'-flHB"~fials..a..Heb'"lal'ly-i;IHI.e<wF4oealed-witlHH-tll€. I7lli-!-4tng: ~'4---+hc'fl'ffiiimitY-'Hl<H_.,..e-B4)tl;~ure5..J_~Re "ame site or adjaeent..ffite& (6) The estim~lted response time to {"He property from the fire station at peak: tratIie hours. -2- Subdivision Code Amendments UJ AJIJ)_~CJJl?J1Jl1JQ;]~tiI1.&1~3Se oftiftv Dc-rcent or more. ill Nt'\-\-' commercial cookin!! oDerations, QJ Hazardous materials storage for which a nermit is reuuired. (:0 The D1"in~inal use involves the care or sl!P.c-rvision ofbuildinz occunants such as day care facilities for children or senior citizens. (d) Determination of gross floor area and fifty percent expansion. For lhe pWl'ElSes ofthiG Sectioll: (1) As used in this Sectlo[l. the tem) "collullercial structure" includes. but is )lot limited to. otfice buildings. retail stores. restaurants. feDair shoos. and industrial buildings. and the tenll "communitv tacjJiUC-tIl~Judes. buci;UlOt limited to. schools. theatres. Chl!re-hes. meeting halls and conference centers. (lD The determination of gross floor area, as defined in Subsection 14-IO.100(b) of this Chapter, shall include any basement or portion thereof occupied as habitable space~.:. (~J) +fit'-fl.et-e-Ffl:ti.Ha-ti-en as to \\hethef-a-stTuefure will be eq13nded by tifty percent or morein.;ross tffief afea :;hall be _ae in the same malllier ai: provided in ,;lfll.;eotioJ111 15.020(0) ofthi.; Chapter, rcllltiHg tG tAe F13l'juifemeflt for bnilEliw6 site appro..aLFor the Durooses 0[tl1i8 Section. any exoansion shall be i;Ol1sich;req as equaling or exceeding the fifty neIcent linlit where the work of construction or improvement is done at different time intervals reauirine. two or more building ncrmits. \.vithin a neriod of five vears after completion of the first imorovemenl. where althoueh each is for a oroiect encompassing an expansion One-55 than tiftv oe-reent anne-reased noor area. but ,,,,hen combined with other exnansions during the five veal' period of time increase the amount of a-ross floor area of the structure bv fiftv Dercent or more of that amount \\'hich existed immediatelv DrJor to the commencement Qf the first of the several expansions. - 3- Subdivision Code Amendments Exhibit 3 AMENDMENTS TO SECTION 15-80.090 SARATOGA ZONING ORDINANCE RE: EARL Y WARNING FIRE ALARM SYSTEM ~15-80.090 Early warning fire alarm system. (a) Findings and purpose. The City Council fmds and determines as follows: (I) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as hazardous fire areas, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the non-availability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants" Immediate warning offrre and notification to the fire district ofthe existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) __lJecallse commcrcial buildin!2:s and communi tv facilities are public gatherin!2: places. tbe- Dublic health and 5atH\' risks of fire are particularlv acute. Immediate '\famine: of fire and notification to the fire district of the existence ~md .location of fire ,viII serve to reduce the Dossibilitv of death. iniu.ry and 2I.9Jlcrtv dam.<)ge in these structures. (~Q) The public safety and welfare may necessitate installation of an early warning frre alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (67) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning frre alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Reskient.ffi.J-s.tTtlailf'-est\':tandatorv reQuirement for installation of alarm s"stem. As a condition for the granting of design review approval or a use permit or variance under this Chapter, the approving authority shall require -1- Zoning Code Amendments the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to ffie-e~g+tal--alaf-fl:~'HfflHnj€ateHt."-€-e:i:vertHaffit.a.iHea-a monitorIng station in such manner as mJV be sDecified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and communi!\' facilities and an) ('~ sin.;le family ch'-ellings '.\-hich are e"[J3~lR(~ed by fitly pereent Elf more in gross floor area, "'/flICTt'. sHch He.",-{'H*J'aOOe<HW,'€1li~-located within a designated hazardous fire area" (2) Anv existing: sim-de family chvellinl!. commercial structure or community facility ,""hieh is expanded bv fift\' nerct:':nt or more in gross f;loor area and is located witbin a designated hazardous fire ar~a:_ (~J) All new single-family dwellings. commercial structures and cOIlID1tmjtv facilities having a gross floor area in excess of five thousand square feet. (~) Any existing single-family dwelling. "oTtuner"ial stmclure or community facility which is expanded by fifty percent or more in gLoss floor area which, after such expansion, will exceed five thousand square feet in gross floor area. (42) All new multi-family dwellings and other new structtues having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (~!i) Any existing multi-family dwelling or other structtue having multiple sleeping units such as described in subsection (4;;) above, which is expanded by fifty percent or more in gross floor area. (c) Discretionarv requirement for certain Gfommercial structures and community facilities. \Vhere an existil10. commercial snucturc or community facility is remodeled or the use thereof is ChalH!ed. and such commercial structure or communit"\' illcilitv either: (i) has a gross 1'1001' area in excess oHive thousand square feeL or (ii) regardless of size. is located \vithin a designated hazardous tIre area. \~,rhen so requ~then the Chief of the Fire District having jurisdiction over the project, the appro\"ing autbeffi:y-sflall in1p()~;e a~; a condition. for the gr-aHting of des'ign rcvit'W ~:ppro':~11 or a llse f1ermi~ or ':arial::1ee Imder t;J:Jj~' Chapter, mil\-' require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to-tl1e4igttaJ a-liH'fl-t-eeffi~tHf-r~twf-Rlitffit:atHe(4 a monitoritH! station in such manner as may be snecified by the Saratoga Fire District.:., in Be'?: 00111I11I2'T0ial structures Of GOmmlll1it:. ltlcilitic:', or all e:::sting commercial strtlctlire or eommunh:.' 1"a0ilit:.' \vhiffi-t5-(;>*f3~d..e.y-t~.ft..Y13€-H.':-e:Ht-Gf-fflere-iil'gfO::- s t1 oar ar2l);"-As-USl~-hff-€~n,-tfle..t..er'Hl.:.:eemml'%"'ii*..s-tR:I~B:C..Jude.s., bHHB-flffi-l.:i-mttt'€i-tB, office buildin;.;, T0tail :;tOTCS, rc,;tauffintti-. repair ,;hop~;, and indu:;~Tiall:milding::, aoo--tlle....refffi "community facility" ineludes, but is 11et limjted :0, schools, th0atres, 6fl\:Irehes, f11eeting halls and eonfcr0Hee centers. fA ;jelt"H1iHiHg-w.j'"'thff-{&"'~>SlaHat*)H.ef,,~"m,4e-l;:ffi,.GhieHlrall he guided by the f9llewiHg-ffi~deriltien;r. Jfrh.e Teq.lliremcnt to install an alarm s\-'stem in imposed. 1t shall be made a condition ofthe design rev1cw anoTOval or use Ik'Tl11it or variance under this Clwuter. "rIle detelmination bv the fire chief shall be based upon an\-' one or more ofthe Ji~J!.Ql~jng,..~on.$).;.Q~TatjQJls : (]) The number of peo]3le ~;~pecled to OCClI}:1) the buildin; en a re;ular basis. ~ The--it1tefiOf and L'Merior eOllfj6Hffitte~ and the tire re:;i::tant nature ofthe--ffifHefla+s utilized in the construction thereof (-;-)---------:J:ht>-Hftti:tre-aml.extcnt of otfle.t:-H~~fl:guishing and fire alarm de'/ice.; i'H:statkd 'sithin-thc buildin;. f4J~--WJret""'''1HJYligJ+ly41ammabk>,.,.~" or t":lie material, 'He regularly stored oF4ecated witl,itHl;e. building. -2- Zoning Code Amendments (.~----.-_mm+he--pH.y.(~m#y--an4"fI:a:ffire-Gf..other stnll2tJFL~oc-ate-d-Hjmll the samf---stk"-<tF-aajaBefl:t-s+t-e&., (61 LlL 'The esrirnatcd rcspon~;e tifl'1l? to the preflBl1':. from tl18 fire station at peak traffic ROHrs. ..__ f\n._Qf~lJ,!p'ant Joadincrease.pI tift\' vercS.!HJ2r more::, (2) New commercial cooking operations. ill___._ Hazardous materials stora1'!(': for which a nCffili1 is requjred~ L41-- The nrincioAI use invoh.t;:5J.J1e care or sl!P..t}Jyision ofbuildim.r OCCllnants such as day care facllities for children or senior citizens. (d) Determination of gross 1100r area and fifty percent expansion. For tile purpo,e, efthis Section: (1) As llsed in this Section. the term "commercial structure" includes. but is not limited to. otl-ice huildings. retail stores. restaurants. repair shops. and industrial buildines.. and the term "communitv fucj]i!y~j.!lcl!!.des..JJ:J-lt is not liml1t;:Q to. sG,hooIs. theatres. churches. meetinll ~lls and conference cent as. (i~l) The determination of gross 1100r area, as defmed in subsection 15-06.280(b) of this Chapter, shaH include any basement or portion thereof occupied as habitable space; and (2}) +ite-<lek'fminatiofH>S-le-wheth"" a structure will be "'jlanded by tifty perceHt or lHore in-gfo55-fulof aFe. :;ball be made in-tJ;e :;ame nlilAfl€Hffi-j>rO":ided in subs.etion 14 15.020(e) ofH", S:lbdi,i:;ioll OrdinanlJe relatiF1g to the reE}uirt'-fRellt For buildiflg site a~pnl':aL For the Durooses 0[11115 Section, anv expansion shall be considered as eQUalin2 or exceeding the fifty nercent Um]t ,..,here the work of construction orirnorovemem is done at different time intervals remriring: t\-vo or more buildim! oelmits. \vithin a neflod of tiv~ years after cOlllDle1'ion of the first imorovement. where although each is for a project en<;omoassi112 an expansion of less than tiftv percent of increased 11001' area. but when, combined with other exvansions during the five year period oft-ime increase the amount of gross floor area of the structure bv tinv percent or more 0-[tlla1 amount ,'.'hich existed immediate Iv prior to the commencement of the first of the several exn3nSL0l1s. -3 - Zoning Code Amendments Exhibit 4 AMENDMENTS TO ARTICLE 16-60 SARATOGA MUNICIPAL CODE RE: EARLY WARNING FIRE ALARM SYSTEM SECTION 16-60.010 Application of Article; l"eQuiremcnt for installation of alarm ,,'stem ill Where installation ofan early warning fIre alarm system is required under the safety element of the General Plan or any provision of this Code, including Section 14-25.110 of the Subdivision Ordinance or Section 15-80.090 of the Zoning Ordinance, or this Article..such early warning fIre alarm system shall be installed. onerntcd.. and maintained in accordance with the provisions of this Article. 1h} \Vherc n oroposed development does 110t rCfluire an\' fOlm of vennit or anproval to be granted 1111der the Subdivision Ordinance or the Zoning Ordinance. installation of an early warning fire alarm system in accordance \"11h the l)J"O\,.!~jOllS oLthis Article shan be required as a condition for the granting of anv buildilUl or other oermit under this Chanter 16 in each of the tlJIlO\vinu cases: UL_".___All new single-family dwelJjnlls, c0l111l1ercial structures and communi tv facilities located within a desilZnated hazardous .fire area. Lfl___ i\!1.Lexistjn~single family dwelling. commercial structure. or cOl1uTIllnitv facilitvvdlich is e..wanded bv fifty percent or more in ~ross floor area and is located. within a de~ated. hazardous tire area. 1.,2),._.. !\U Hev," siHgle-fltJl1ilv d\....cllings. commercial structures.and COl1lJllUnitv tacilities having a gross floor area in excess offivc thousand square feet, l.1.L_Allv exi.?ting Silll!le-filnlily d\yellinQ, c01111nercia.l, structlue or connnunitv facilitv\",llich is eXDancted by fiftv nercent or more in gross floor area \",hlc1.. a.fter such expal1sion~ will exceed five thousand square feet in gross floor area. L~ All He,v multi-familv dwellinlls and other new structures having multiple sleeoingunits induding, but not limited to. hotels. motels. apartments. condominiums or other conmlUuitv housing orojects. institutional facilities. townhouses and nursing homes. (6) Any existin!'! multi-family dwelling or other structure havim! multiole sleeoil1!! units such as described tll subsectioll (5) above. "vhich is expanded bv fifty percent or more in gross .floor area. (7) When reuuired bv the Chief of the Fire Dishiet having jurisdiction over the proiect. an early waming fire alann svstem shall be installed in an existing commercial structure or community facility which is remodeled or the US~_ thereofis changed. and such commercial stmcture or cOlumunitv facility either: (i) has a gross Ooor area in excess of five thousand sauare feet. or (ii) regardless of size. is located within a designated hazardous fire area. The detellnination bv the tire chief sha).l be based upon any one or more of the following considerations: (il~_-1)n aceUDant load increase of tifty Dereent or more. (iil Ne\v commercial cookin!! operations. -1- Building Code Amendments ili.iL__H<.l2Jlrdous Inaterials storage for \~/hicQ a permit is required, Li..Yl_____.Ihe grincioal use involves the care or supervision ofbui19i.ng occunant~.:. /\.5 used in this Section. the term "commercial structure" includes. but is not limited to. office buildinl1s. retail stores. !:f"_~ill.!.'Gmts. renaiL~hoDS. and industrial buildings. and the term ".communi!\' faciUtv" inch.~.d~s. but is not)imitedjQ, sc.hools.:.. theatrc~ churches. meeting halls and conference centers. For the numoses of this SecDon~~lI1v eXQansion shall be considered as equalim! or exceeding the fj,ftvpercentUmitwhere llK.)york of construction or imoTovenlent is done at different time intervals requiring two ormOTc bllildilH2. permits. \\,;th1n a neriod offive vears aHer c0111Dletion of the tirst improvement. where althou2:h each is for a proiect enco11lDassin2. an expansion ofless lhan fifty percent of incrensed floor area, but when combined \vitb o~ler expansions during the tjve veal' period of time increase the amount of 1!ross floor area of the structure bv fin", percent Of 1110re of that amount which existed immediatelv prior to the conm1enCe111enl of the first of the several expansions. SECTION 16-60.020 Required Components Each early warning fire alarm system installed pursuant to this ~Cock_shall be connected to a monitOl;ng .station ilJ such Jlmnner as may be specified hv the Sarato2a Fire District and shall be installed. operated, and maintained in compliallce \vith the ;:nmlicable st,mdards and requirements for installation. operation and maintenance o[t11(' svstem. !]S established ~ntaiH~"'fIJ<'ffil€-the4OHewiRg;-"'IHI'_<:-etlHe€le6-iH-5"€fH>~' iHtl"H""i€tlllTtfiiflsn;itliH~Hlfld",4-tdephonc line.....r--wel1.other mean:; a.; may b<.'-de5igna~;j.from time to time by resolution ofthe Board of Fire Commissioners ofthe Saratoga Fire District.:., desi.;nated alan)) si;nals fl'Ol'fl any "'eh~HStaUalioo-t"4he--8a<-at"ga-Fir€-l~;*+digi;aJ.aJ~~"f-1~ A copy ofJh,Jaiest adopted standards and requirements slwlI be keot on me and made available to the 'Public in the office of the COllJ1111111itv DevcloDlllc.nt Devan'ment. (at-..---Dij,>HaHiI_m.mmkal<Hctnnsmilter. . \ California State r ire Ma<&hal.liGted aad al'l'f"ve<l-s&lid ~'tatG zkctrBHtB-digital ab-fffi-B-OH-lH1uni,zator fFa-flsmittcr and Gefltrol paRel (either Gornbined ':.-it};, the tn:m::nlit12f Of separa:ei)' eOl1nt'!cted theIl'lEI) shall be installed '" i'.:B pro" ision for eOfmeetion efstlfler'.':sed in~e;;ratiw6zolle ci:reuit:s. ~ueh tJ:'aftSmitt"t,,~af1d-eHHtl'f)lfaA:el-sltall-meet the requirements of National Fire Protection .'\SSooiatiofl Document 7L'\ or7'~ in tlK..€U*-'-(+r-R~>f1tllit-stftt€fl:lft"5~..;hapter ~ of~;fP:\ -9+)CUnl€llt 71 in the ca,;e of eomm0fcial ,;tructure~;, or equivalent metood llC appro.ced oy the Chief of the Saratoga f'ire Distr,ct If a sepllrate fire al"'l11 eOflfroll'al1el is used, the e"a"""OOIH>etweeH-lilefue-aJ_Htffi!-j1al1el aad the digital ala1",-oomrnHlli€ator transmitter shall b,>-tJ;~ €fffitacl~' on the fire afa:r-F.!i-€<ttHf-ol panel, or other California Etate Firo f\tar::hallisted eonfigw:at:ten..feF-d10 di,::;,ital-a-ktrm GOlYlmunicator 1T~msmj:ter C~l1l be BS!?lL In additioR, the E1i;ital alllTm communicator transmitter and'or fire alarm eontrol l'anel-ttse<l-shall-ffie"fJ"<*'lle-the4f>OOwIflgcfeaflt""* (1) The di.;ital alarm eeRHlll:lHieator tTanSH:Ht:er shall l3e eB}3al3le of traflSRHuing to the: Sarate;a Fire ffts-trit:;t- one or more multiple n:lmbers, as may be assigned by the Saratoga Fire District, via €<tmmercial telephone-lines or ~;uch other m0alliHt:5--ffia~trignatcd and requirod, from tinle to time, by :he Board ofComffil_'~'ieners afthe 8aratoba Fire DistTiet, aRB shall E'ElB1HRHlieate infomlfltion in 5ll€-h-a-lflan,*,,'-and of such conteHhlS-ffibe-€flmpatible w,th ,,1Gb sl'ecifieati<ms-as-mily.],e-fRade-aoo I'Hblished by the Chief{tfthe Saratoga Fire Die'h'ic!. _ (~)-_._-~--lllt.~4tal-a4aFHt-€BmffiHni€aH:Tf--tfim:Sffitttff.sftaft.ba';e a eapa ei ty ofl~ss-thaa-e+gltt-st'parate zones afj4-sHan--bt,~pab10 l1flTan:;H'lit-tffig-a~~et code for eaeh of the fo]lo'.~. iRE; eOllffi.ti.e:tl:Sf 7&n.,...;, Smoke dele€lilt!,-wH,,-in-alaFm - 2- Building Code Amendments 6e:ff:t?-t:.;...JI~at-tieteetieA-:lOOne in aJar'Hi :!:one :': "~.1anHa] ~'talion zone ifl alnrm b-)flt.~r-i:ltlHeJ~-eHt"YR--alaffa he!1~di€iIl-"'me%"""':H+Hllaffil ZOll0S 6,7,8: .\s deleJ1Flined by the ~:aT~lltlgJt rire District Th~Jefim15-<k,;ig"'lted 4{.,.-b1nes 6. '7 and 8 above nli1~la~'&l-iH-4al-€eHfigarution or in an alteTlla~'i\'e 1.?1l11fi';Uf81ioH or format cOl'npalible '::ith the Saratoga Fire Di::,trict di;it~:] alarm t..::.omFfl:Hnj{''il-lHf-Tt~ceiv~r. If the dig-i-ffil.-aJafm-e'HmmW-Hea-tef-lfaHSH-lft.te.f-aooffir--tlte-fire alarm eomr-e:l panel incorporate CIa:;:; ":\" jrntl~1tjflg zones. they Dhal-l-be-de4i~~re alarm zoHe-S--t-thr-aHgM ~ (-:1t-..--.~The.tlig:i+at-nI-aHn--€emmuni caler transmittel::-slnt:l-l-fJt.-"-€al',a bIt.? of t: lllBffiHnicating aH-efl-l+RiLti:larm signal traBsmis~'ioH within {Ilirt:,' seconds of the time at y;hie:R the GBflflection of the call is complet2s. (4)---flte-tligitaJ-a!aHH-€HmlHHfli<.'ilffir-lffin5fHitt"'r7"'ilnd-fu<.'-alaffi'-"'lfllR;l-t>an<>1~ed, ,;hall "Olltaffi--an intemal continuoLL'ly chnr;in; sattery, eapable ofpov:erin; the system for a period orat least lV:I,mt) fOl:tr--flOtH'&--tH41te"'5tiloohy..tHeee,-aH:~L.ffi:itH.ltes--*fl8er--alaJ'Hl.-t..~H:ett~ (~) [lectrical super':isiofl oftlle heat deteelioB ZeAl? maflual station :':,one, and the smoke (~e:::eetioB zone (aHd-J*lw"'F-tB-the-5100k<Hlel<!_ffij-sHalj.be'l'f{1vffi.,&e)'.tI",..ffigital-alamH:-e"".'JHHic-at~tteF-ef tlle-fiR.'-alaffiH.,,>ntTel pallt'l,..-'r-singJe-epelHlf ground faul: cOflditiofl jfl oll,'-flfctlK"fi""'1fles-iH4he digital alarm communicator traHi)mi~t0r. or the fire alann eOHtrol panel. Ghall be indieah.~d 13:.;' a cli~'tiHl.?tiYe, aHffi-We-tl'oul>!e.sigHaHE :lle stnlernl'e i fl-wbic~m-i&-i"sta-lJed,-+he-dil,.>ital-alarm-€BlflffiUlliea!ol' tfa"""1it1"F-5haH-a+;&-Ite-eapal>le-t>HH"'sHlitling-iHR~g",,l-t,,,-\Ite-l;aHlt<1ga F if" District dig; tnl al~tTm C-OH1l1U:lll:eator reeei\'er in the i2!':ent t:lf a siBbIe epen or ground fault condition i>> eRe Bf the at~)fCl:Ht'LiH-jHned.q,GHe5-j.R-the-4*b~.ftal..alaf:B:l-€emm:uni€-affif-t-f&l:lSmitt-eT~r-lhe-fire-al&:I:'fB-OOl:ioolfaflt>:t (6) '1'he digital alarm communicator transmitter employed in the st1lletme for tnnsmilting si';Rals shall be €itj3ttB:le,-of-asstlfH:i:Hg--tH-l€.....seEHr~r-t&l~-ty--ftv~F--aItJ'-Othe,HHgital-a:la-Hll--t.."emfffitllieillOf-4~ t'fflj1IH)'t'il...j{>f--flffieF--j*"'l"'se;;-HH~a'Hl~_"'--+be-!tl't'.-aJafHJ-<:-.(lflllffiHt"**"f-l_ittef E:ol'l:flel2~ion:; te telepAeRc lines Sh~lll be n1i.hh~ ~lh0ad of tho~;c emplo:?cd for l3mgtu alarm or other l""fl05t%-i'n&-shalk>le€t-FieaIl~€eBBect ether digital alaflH-HlflllHHtH€atof-tfafl&fHitterc 'vhiie tfaffimittinj,>--&igna-ls, Pi-.- ....-t\HJigital-aJaHn-€omn1Hm€a_-tf"'J5flJittet5-&eaJ.1..be-c'i1pall~1g-fH<>gffilHlned to sClld-signaJs, HV<."'t'-\d"l'Il<1fle line.; and (JveHa<li<H<etj<K'H€J'4~r.-tha+-are-ffiffl1>frlffil. v,itl, the S:1ramga Fire DistTiGl di;ital abTm l2ommunieator Teeei...er~ v:hieh shall be dezffied a remElt!.? reeei\'iHf; station as r-efe.r-ene-e-d-i-H-Nattona] Fire Protection .'\::":,,ociatioH-f>.e€ulllcnt 72C. (~') 'rile digital alarm cBF.l1fRunieator transmitter and the fire ~1lalm cOfl'~.T(ll panel shall recei':e tHeir fJriffiilTj' l,owe<-fH,ffl-Ihe-_,a-l~IFieal-sn~ply-jm:wided to the sttHc-ture-aHd-shaJl-eef'~te (-',ff-{+lti-t-tH-at:...sfta.I+..I.Hl-vt....jtS--e-...'ifK.~-{.\W-tc..hre-ab?r ,;\',.'i it: 11. (b) Smolce d.eteet9r~;. CalifomiJ Stlte Fire 1\1arsl:al and J,.rndernTiter's L~lbomtory.lnc. appro\"ed and !iSles allt+1HlHti€-<lete<:-tofSc{:-ilf'a1>It"Bf''''1''lHd.iHO,4e-v.isible-pl'effi;t>ls-ef€flfl,ootrli<lfl, "rranged t&<-'<lfllHll1nieate '.vith the digital aial'ffi.-t<'mmtlfli€ittHl'-4ffifHiHJittet'-BHIte--fu'<!-aIt1fm-€eHlR*-PaneL--shaH-k"-inslalled-in-a€€tlHlai1€e--"ovitlHhe ,;'andards i?onta'inzd In!'Jatioflal fire PTClledieR ,A.sseeiati8R DOl.?liBleHt 72E 1982. or a:' et;her::ise direeted b:: the :Fire Chiof 'N110fe - 3- Building Code Amendments .nY-P"HIB'H'Hhe-;;ti'-H€tUf€-i5-li5",jjBr-s1l>ei'%'fUJl'eSl>&;-5OC~'.Mt€€tefs-sllalJ.he.llistalled-ill4<'-ful1&wiHg",,,,afi-ati'effits arll"'we,d.J;y.llK'-Fffl~Hc>F. (-1+---(cJn-1~iling-<>r-wall-a1-i>i*'inl-ffieated-HHI"'-€&Fl"<lBf5-Bf-areas-gjviflg aeoc'5S-te_frUsed-fuf s1e€ping-I'Hfj"''''''~ e-}- ",.-,-lfl.".dl-bedrBB""lt",alt'<l-<lH-lRe-reiling..,,'-Wil1I-Bf-lbe'H>ffift (:) On the ceiling or \,:8]] Hear the base of aNY stair':aYWRere sleepin; 1'001115 are OB ~~Fl b1flFh~r Ie';el. ("i----Heal-deleetors.-GalileFnia-Stale-J"ire.Ma,'shal alld Ullderv 'filer'S Labelat",,:)'" lne. apprfW<'fland.Ji&ted a-tJtema~etors, Oftfl2 combinatio:n--H*l:.&.temperat:ure rate-(~~'ange&-k) eommUlli8ate '}:ith the digital aJuIl1'I c01111YHmieator traT:L'ffiiUl'r or the fire alarm eontrol pand, shall be install€l<': IR ~leeerd:mce ':~-jtB the stlfl(brd~; €-oHta-ified--jB:-Niltj.eH~:e-P-tote€-t..j.eH~eH~t'i1t 72E 19&2, or as other.\'ise directe~ere an-Yfflft-lo-n-Hf..t:l.k"-st-m€-tttff."+S-USt.."-J-f{-'}rste-et7ifl:g"'rUFrH:)se5-;-SB.~€-t-ef'S...shall he in:;talte4..ffi-t:Ht.....fe.l.lO\\.ing areas...a~ims appro.. ed by the Fire Chiej~ H.]-----All+ooms-itt-!He.{]"''Cllin,'," incll,di'~rilaee-i'Of)fl'l&-<.,,*,,-'j>!iflg4hese-afC'a5-SJ"'cilk~"Gt~ of this gel2~ti()n, ~U1d bathroom,'. m-.-~ F) GalOS"''"' E;~Cl~pti(lll3 to these ~;tandards rna:. be permittecl by the Fire CRief. lJ}--".--Aetuatl~""iees~MaooaJ.l',,1I-5lati""s-5ha1J-be-ffis~lo&f-t)f-lb~-prenlli;e;;-jfl-a-ViffiJ;je H€{-'t:'-5Sffile-pesifi-ofl-,--aHd~ha+l-bt.~...lo€-a-tL~t ',','ay,; adjfl€e:H~-H doer;; aRB door:; 1ead'1:ug-to e:;it ::tair.;, a:; determined b)' the Ere Chief. Eaeh ae\'ice Sh~llI Be secHrely mounted 'with the bottom aftRe de...ic0 not less th~1R fsuT and OBe half feet HHI-m"",-thatl-si""t"""aB"""'.lhe-flBer-J€.veh let. ~'ledi"""-"meFg~I~-'4i{,"J-em",'fgeneypB:;h o"ttoa:; :;hu1l-l>e-iHstal]ed in the kiteben un:,a m:ar :'Ae tel0phone ~1l1d either in or near th.e 1'11"1-ster BeareS1Fl.. ..^~dEiitienaJ 8\;lttons mayhe reEjuirea. a:' determine(~ by lhe~;';",.{1lli..f f-A------WaFning-ee+i{<es.-lH--~5c of any ,;t.rl1eture~; HsM--fer---sk~g-ptH'Pt.*,e:;, California State Fire Harshal and l..!fldzn\Titer's Laborator:;, 1nE'. aJ3J3nr:ed and listed audiBle ','"erRing Ele':iee:' 81' suffieieut number and adt'fjHaldy-loc~"ed,l'lU'5fIaffi-1<>-NalinnaI-Fift'-f'fBIeC4toH-AsSO€-iali<m-f,)o€Umem-'74-1JJ1\4,4a1I-be-.Hffita1jed-wilJilll-lRe s-k-epjng--are-a-ef...tlK"'-Stffi€4-ttK"'-Se-frS to CH u:;J-a~4-t:lHudtl3+ltty-ef-net-J.e.s.s-tfflffi-.fi.fteeH..deeibels...abffi'e-iimmeHt-flffi.s€, le'.'i?ls mea~'ured four feet a13e"e the O()of'1.ith bedroom doors closed. (gt-".-AHeFIl-a-t-We.r~4-n"meAt-s."wbere-sJ:H4Rkl-er-5YSt-em-instnlled. V,'hen..4&auteH1ati c sprinlc.J.e:F-5)'5'k.ilffi-i.s jnstalJC'd-<'quipl'e<l-w;th-\..-aF€H'l~tabeo-that hll','e II huilt-in.fctard a:;.;em1ll)' wbieh 'I. ill GeHd aa akHm signlll-when activated to tll\? di~ital alarm comml:lBieateT traRsmittt'T or the 'fire al:lfHl eontreI panel, 110 heal deleelOf:' as aeseribed in sHbseelj'''',f€j'OHhis-&'<:-tfon'5Ita11-l>t'-R'<tl!ifed-alld smel;e de_f5~-fibed ill S:ibse€tiOll (0) ofthi",g.€lioo-shall-ee R'<tH",,{j-{mly-ill-those area,' :;peeil;ed in Suoparagrapbs (0)(1) an(] (b)(2) "fthis Se€li<;&. SECTION ]6-60.030 Plan Check by Fire District l;1L_.._AII documentation relative to the proposed installation shall be submitted to the Fire District for approval. Where property is located within the jurisdiction of the Central Fire District, one copy of such documentation shall be - 4- Building Code AmenWnents furnished to the Chief of such District and one copy of such documentation shall also be furnished to the Chief of the Saratoga Fire District who shall determine whether the flffif>esOO-installation will lJ<>,.eOlfljlil-fible-with-tflt>-Siffiltoga Fire Dislr1Cll~i~it:ll alalm E:Slnml.:H'Iiealer reeeiver and v:ill other.;....isc comply with the aoolicable standards for the proposed svstem. reqttiR;y.Hetl-ts.-ef-thi-s--.t\ft-ic-tt7-I-rn.s-The documentation shall include -t.fl.e..--.f&tlEH,v-i~all plans. specifications.: .di.;lliJ1!!n5:_'.....4~Ja slwcrunanufucturer's Tf.i,;ommcndations. and other information and documents listed ill the standards and reuuirel1lcnts adopted bv the Saratoga Fire District. and such additional items peT1'aininQ to the proposed svstem as mav be requested bv the District.:. (~l) ./\ complete list orall fire a.lann equi]3l"Fl.eRt a-l:1a E1e':iees t8 Be iasmJleEl, ineluai'Flg: f+J-----Maffilfa<4t!reR;-mak~e1nunll1ers; (-2j-.----Quantitiec of .<i€lH~ (=) Califernia Slale Ere ~ larshJllistin; number~'; (4-)----++>>,1."wr.;le..,;..babefat'*Y,J,~paciHg-sI"""ti€ati ons for neat detc~ iB--.--Evi6etlre-eJ'eeutfel-p"""l-€empatibility-wi t!J eOllll.e!ed smok<4lete€tars, (bl Poir'}':: 10 point ','iring cl1agrnm or ele0tTilZaI sequenee list for ea8fl zon0 in ~l foym acoeplable to the gafatega-.f......H+ist~P.tails shaH i<l€i.,<le, (1) H'iriflb sequenre of eadl ]11i1'13t111; zone, including wire s:ze afIG the 11umber of eondllctors; f2-t--J,V..j.l:lng--5i..~'e:fl€-e of 0ach-audible-...€'ircllit, including -wtF€-5t.re-ane-tne-flI:liHbef-e-f conductor:;; 8.1- ~~.----kl"ufifi€atl~n'H~Ciffitiatffit,'-,k""ees-;;sffit ('1) Temperature ratings inaieated. ".'Jl8B applieable; h'~)~---boc'ffiiou&-BJ+laBs-~"Hft..en&+)f+ill<Hl<.~ ('0-.---be€iltffias-<>f:JHfl€tiee boxes, when-ifl~ Ie) If re~"ec,ted, eepie,- of California ftate Fire Marcl",1 JistiAg data sheets, and any etner ,lee"meHlS dt'iffilt>J-pertiuent'-by4,~F-ir,,-Ghi<;f (bJ) The Fire Districts may establish a fee for the plan checking services rendered pursuant to this Section. SECTION 16-60.040 Qualifications and responsibilities of installer All early warning fire alarm systems sball be installed by a person holding a valid fire protection engineering license,Q[ a ClllahfJed .and eXQerienced contractor with [j valid C~J 0 Electrical Contractor's License. C 1 €1 classification, issu,,4-by-tl>,,-(.;aJ.;fumj,t-Pej_HH;I+fm"ffilK"f-A~'F-a-\'illjd eleetrieal liee",,-,,;:: 10 eIll:;sil'i&atioH, or a Ylllie ~'Pe;:ialty li0ens0. C 81 cla.":incalion. issued by the California Contractors State License Board. All such systems shall be installed in a workmanlike manner and in accordance with the specifications and standards approved by the Fire District" Upon completion of the installation, the licensed installer shall instruct the property owner, or his designated representative, in the use of the system and shall provide applicable manufactluer's operating manuals. - 5- Building Code Amendments SECTION 16-60.050 Inspections by Fire District NO CHANGE SECTlO!'i 16-60.055 Recorded Notice of Fire Alarm Svstem !ill Prior to the issuance of a certificate of occunancv or its equivalent for any imorovements for '\Thich an earlv ~yarlllnQ: tire alarm system has been required pursuant to this Code. a disclosure fonn giving notice of such fire alarm s\'stem sha11 be recorded in the office of the Recorder of Santa Clara County. The disclosure shall be sii!ned bv an authorized representative of the Saratoga Fire District and shall conti-lin the follO\vin2 informmion: ill J'he address and legal descrintion of the p{(mertv _on which the e:.ulv \VaLuing tire alarm sYstem has been installed: QJ !~_-z~neral..Jk.~riL1tiQ!LOf Jhe :fi1~Q_ alarm svstem. indudilH! the locations witbin the structure where COTImonents of the system have been installed. QJ A reference to the p-crmit or other development qnnroval {lTanled bv the City \""hieh required installation and continued ooeration of the fire alaml system. (11 J'he ohllg3tion of the nronerty owncr to ml.limain the fire alarm system in {loud condition and [enaiT. .L41 Tb~ obJi{lation of the oJ:Qpertv o\vner t9 nay ~n ad1J.1.inistrative fee to the Saratoga Fire District for monitorinRlbc fire alarm system. I f such fee also include~ tIle cost of other services l1rovided bY' the DistTkt in connection \\'itl1 the earl v warning fire alarm sY'stem. the nature and extent OfSllCh services shall be descri.b.~d iqjhe notice. ill '1'11(' iob litle. address and telephone number of an authorized representative of the SaralOJ;m Fire District who'l!ill:.. be contacte,9. if the orollert\' owner requires any assistance or has any ouestio11s conCernilH! the carlv "'amin!!. tire alarm system. LQj~.:i!hJ~__~ITi!len cQllscn1-ofthtU![QJ}ertv owneT.J]1e Chief of the S<!~ F.i.r~.J)ist[i~t or his or her authorized. r~.nresel1tntivc mav execute al~d record ::J disclosure notice C0l1tal11in{l the information set fOlth in subsection 16-6CU)55( a). for JIIV prooertv on \vhich an early warning fire alarm system has been Of \viII be installed. without the reLlllirement for recordation of the discJosure notice. SECTION 16-60-060 Voluntary Installation NO CHANGE - 6- Building Code Amendments Attachment B RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SETTING A PUBLIC HEARING FOR CONSIDERATION OF AN ORDINANCE AMENDING SARATOGA CITY CODE SECTIONS 14-25.110, 15-80.090 AND ARTICLE 16-60 CONCERNING THE EMERGENCY WARNING ALARM SYSTEM AND ADOPTING BY REFERENCE THE SARATOGA FIRE PROTECTION DISTRICT STANDARDS AND REQUIREMENTS FOR THE EARLY WARNING ALARM SYSTEM The City Council finds and declares as follows: A. Upon the recommendation ofthe Saratoga Fire Protection District and the City of Saratoga Planning Commission the City Council ofthe City of Saratoga held duly a noticed public hearings on July 19, 2006 to consider amendments to the City Code to replace outdated requirements pertaining to early warning alarm systems with standards recommended by the Saratoga Fire Protection District. B. The proposed ordinance will further the objectives of the Safety Element of the City General Plan. C. In accordance with Government Code section 50022.2 the ordinance would adopt by reference the Standards and Requirements for the Early Warning Alarm System adopted by the Saratoga Fire Protection District. NOW THEREFORE BE IT RESOLVED THAT: A. A public hearing shall be held at the August 2, 2006 meeting of the Saratoga City Council to consider the above-referenced ordinance including adoption by reference of the Standards and Requirements for the Early Warning Alarm System adopted by the Saratoga Fire Protection District. B. Notice of said hearing shall be published pursuant to Section 6066 in a newspaper of general circulation. The notice shall state the time and place of the hearing and that copies of the Standards and Requirements for the Early Warning Alarm System adopted by the Saratoga Fire Protection District are on file with the City Clerk and are open to public inspection. The notice shall describe the ordinance as follows: The proposed ordinance will update existing requirements pertaining the Emergency Warning Alarm System administered by the Saratoga Fire Protection District. The ordinance deletes outdated technical requirements and instead requires compliance with "Standards and Requirements for the Early Warning Alarm System" as adopted and revised from time to time by the Saratoga Fire Protection District. The ordinance also clarifies requirements for installation of an 1 alarm system in commercial structures and community facilities, applies the alarm requirement in connection with specified building permit approvals, and requires recordation ofthe alarm requirement for new structures approved following the effective date of the ordinance. A copy of the full text of the ordinance and the Standards and Requirements for the Early Warning Alarm System adopted by the Saratoga Fire Protection are available for review in the office of the City Clerk. This resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 19th day of July, 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk / 2 Attachment C SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: y ORIGINATING DEPT: City Manager CITY MANAGER: f2/~/ _ PREPARED BY: Richard Taylor Citv Attomev DEPT. HEAD: Dave Anderson. Citv Manager SUBJECT: Approval of Joint Powers Agreement for California Municipal Finance Authority (CMFA), Public Hearing Pursuant to Tax Equity and Fiscal Responsibility Act ("TEFRA") and Consideration of the Issuance by CMFA of $11,000,000 of Tax-Exempt Conduit Bonds to Finance or Refinance the Costs of The Acquisition, Construction and Improvement of Certain Educational and Related and Ancillary Facilities at Tbe St. Andrews Parish Located at 13601 Saratoga Ave, Saratoga, CA, 95070 RECOMMENDATION Staff recommends that the City Council: I. Conduct the Public Hearing; 2. Adopt the resolution approving the tax-exempt financing by CMFA and the issuance of the revenue bonds by the CMFA for Saint Andrew's School and approving the City's membership in the California Municipal Finance Authority (CMFA), a joint powers authority. STAFF REPORT Saint Andrew's Parish, a non-profit, religious corporation (St. Andrews), is seeking to issue up to $11,000,000 oftax-exempt bonds to finance or refinance the costs ofthe acquisition, construction and improvement of certain educational and related and ancillary facilities on the its campus located at 13601 Saratoga Ave, Saratoga, CA, 95070. The bonds would be issued by the CMF A on behalf of St. Andrews and would not be obligations of the City. In order for the interest on the bonds to tax -exempt, federal law requires that an "applicable elected representative" of the government unit approve the issuance ofthe bond after a public hearing ("TEFRA hearing") following reasonable public notice. Because the CMFA's Board of Directors is not an elected body, federal law provides that a governmental unit with elected representatives and jurisdiction over the area in which the project to be financed is located, in this case, the City Council is an "applicable elected representative" with respect to the bond issue. The proposed bond issuance by the CMF A is classified as a private activity for purposes of the Internal Revenue Code (the "Code"). Following the TEFRA public hearing regarding the issuance of the bonds, the Code requires adoption of a resolution approving the issuance ofthe bonds by the CMF A. In addition, in order for the CMF A to have jurisdiction to issue the bonds, the City must become a member ofthe CMFA. The CMFA was created on January I, 2004 pursuant to ajoint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. More than fourteen cities and five counties have become members ofCMFA including the Cities of Oakland, Milpitas, Vallejo, Santa Clarita, El Segundo, Redding and Daly City and the Counties of Alameda, Santa Cruz, Marin, San Diego and Imperial. The CMF A was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt financing aimed at improving the standard ofliving in California. The CMFA's representatives and its Board of Directors have considerable experience in tax-exempt bond financing. CMFA reports that in 2005, transaction bond volume for the CMF A was approximately SI72 million. In order for the CMFA to have jurisdiction to issue the bonds for this project, it is necessary for the City to become a member ofthe CMFA" Attached to this report is a copy of the joint exercise of powers agreement that the City will need to execute in order for the CMF A to have the power to issue the bonds. The joint exercise of powers agreement explicitly provides that the CMF A is a public entity, separate and apart from the members executing the agreement, and the debts, liabilities and obligations ofthe CMF A do not constitute debts, liabilities or obligations of the members executing the agreement. The bonds to be issued for this project will be the sole responsibility of the Borrower, and CMF A has assured that the City will have no contractual, financial, legal or moral obligation or liability for the repayment of these bonds. All bond documents will contain clear disclaimers that the bonds are not obligations of the City or the CMFA but are paid only from funds provided by the Borrower. There are no costs associated with membership in the CMF A and the City will not be exposed to financial liability by reason of its membership in the CMF A. In addition, participation by the City in the CMFA will not impact the City's appropriations limits and will not constitute any type of indebtedness by the City. Once the City holds the required public hearing, adopts the required resolution following the public hearing, and signs the joint exercise of powers agreement of the CMFA, no other participation of the City in the actions of the CMF A or in the bond financing will be required. The joint exercise of powers agreement expressly provides that any member may withdraw from the agreement upon written notice to the Board of Directors of the CMFA. In the case ofthe proposed bond transaction, the City, ifit executes the agreement, could, at any time following the issuance of the bonds, withdraw from the CMFA by merely providing notice to the Board of Directors of the CMFA of its withdrawal from the agreement. 2 FISCAL IMPACTS: The CMF A shares a portion of its issuance fees with its member communities and donates a portion of issuance fees to the Foundation for the support of local charities. With respect to the City of Saratoga, CMFA has stated that it expects that 25% of the issuance fee attributable to the St. Andrews project (or approximately $5,000) will be contributed by the CMF A to the general fund of the City, to be used for any lawful purpose. St. Andrews, as a religious corporation, will also be the beneficiary of a charitable donation from CMF A through a 25% reduction in issuance fees. ALTERNATIVES: The City could decline to join the CMF A or to adopt the TEFRA resolution. In either case CMFA would then not be eligible to issue the bonds. ADVERTISING, NOTICING AND PUBLIC CONTACT: In addition to notice for this meeting. Notice of the TEFRA hearing was published in the Saratoga News at least 10 days prior to the hearing date. CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): Discussed above. ATTACHMENTS: I. Resolution 2. Joint Powers Agreement 3 CITY OF SARATOGA, CALIFORNIA RESOLUTION NO. A RESOLUTION APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQIDSITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN EDUCATIONAL FACILITIES FOR SAINT ANDREW'S PARISH AND APPROVING AND DIRECTING EXECUTION OF THE JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE AUTHORITY WHEREAS, the California Municipal Finance Authority (the "Authority") is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of educational facilities; and WHEREAS, Saint Andrew's Parish in Saratoga, California, a Non-Profit Religious Corporation, located at 13601 Saratoga Avenue, Saratoga, California (the "Borrower") has requested that the Authority issue and sell revenue bonds in the maximum principal amount of up to $11,000,000 (the "Bonds") for the purpose of making a loan to the Borrower, to enable the Borrower to finance or refinance the costs ofthe acquisition, construction and improvement of certain educational and related and ancillary facilities at the Borrower's location (the "Project"); and WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code''), requires that an "applicable elected representative" with respect to the Authority hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the City Council of the City is an "applicable elected representative" to hold such public hearing; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and this City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Proj ect and the Authority's issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance ofthe Bonds by the Authority for the aforesuch purposes; and WHEREAS, in order for the Authority to have jurisdiction to issue the Bonds it is necessary for the City to become a member of the Authority; and I WHEREAS, the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1,2004 (the "Agreement") has been filed with the City Clerk, and the City Council now desires to approve the Agreement and to direct its execution and delivery by the City so that the Bonds can be issued by the Authority to finance the Project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, that: 1. The City Council ofthe City hereby approves the issuance of the Bonds by the Authority for the purpose of providing funds to make a loan to the Borrower to enable the Borrower to finance or refinance the Project. 2. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. 3. The City Council hereby approves the form of, and authorizes and directs the Mayor, the City Manager or any designee of such officers, to execute the Agreement in the form on file with the City Clerk, and authorizes and directs the City Clerk to attest to such signature. 4" The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project; (ii) approve any application or request for, or take any other action in connection with, any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. 5. This Resolution shall take effect immediately upon its adoption. ADOPTED by the Council of the City of Saratoga at a regular meeting held on August 2, 2006, by the following vote: AYES: NOES: ABSENT: MAYOR A TrEST: CITY CLERK 2 JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY THIS AGREEMENT, dated as of January I, 2004, among the parties executing this Agreement (all such parties, except those which have withdrawn as provided herein, are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Initial Members"): WITNESSETH WHEREAS, pursuant to Title I, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a "public agency" as that term is defined in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described in the preceding preamble by various means, including through making grants, loans or providing other financial assistance to governmental and nonprofit organizations; and WHEREAS, each Member is also empowered by law to acquire and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authority to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions ofthe laws ofthe State of California; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, including leases or installment sale agreements or certificates of participation therein (herein "Bonds"), and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and I WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of Cali fomi a; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, insurance, liability or retirement programs or facilitating Members use of existing or new financial instruments and mechanisms; and WHEREAS, it is further the intention of the Members that the projects undertaken will result in significant public benefits to the inhabitants of the jurisdictions of the Members; and WHEREAS, by this Agreement, each Member desires to create and establish the "California Municipal Finance Authority" for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other applicable law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority (defined below) shall no longer be outstanding under the terms of the indenture, trust agreement or other instrument pursuant to which such Bonds are issued, or unless a successor to the Authority assumes all of the Authority's debts, liabilities and obligations. Section 3. Authoritv. A. CREATION AND POWERS OF AUTHORITY. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Municipal Finance Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Members. Its 2 debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. B. BOARD. The Authority shall be administered by the Board of Directors (the "Board," or the "Directors" and each a "Director") of the California Foundation for Stronger Communities, a nonprofit public benefit corporation organized under the laws of the State of California (the "Foundation"), with each such Director serving in his or her individual capacity as a Director of the Board of the Authority. The Board shall be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. The number of Directors, the appointment of Directors, alternates and successors, their respective terms of office, and all other provisions relating to the qualification and office of the Directors shall be as provided in the Articles and Bylaws of the Foundation, or by resolution of the Board adopted in accordance with the Bylaws of the Foundation. All references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director" Directors may receive reasonable compensation for serving as such, and shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. The Foundation may be removed as administering agent hereunder and replaced at any time by amendment of this Agreement approved as provided in Section 16; provided that a successor administering agent of this Agreement has been appointed and accepted its duties and responsibilities under this Agreement. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer (defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board. Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, and except as may otherwise be 3 specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505"5 and 6509.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution ofthe Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority. D. MEETINGS OF THE BOARD. (1) RalDh M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act"). (2) Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference" (3) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. 4 (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. (5) Ouorum. A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors constituting a quorum, except that less than a quorum may adjourn a meeting to another time and place. . E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Board such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the manner and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to make grants, loans or provide other financial assistance to governmental and nonprofit organizations (e.g., the Members or the Foundation) to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision of law; provided, however, the Authority shall not issue Bonds with respect to any project located in the jurisdiction of one or more Members unless the governing body of any such Member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Such approval may be evidenced by resolution, certificate, order, report or such other means of written approval of such project as may be selected by the Member (or its authorized representative) whose approval is required. No such approval shall be required in 5 connection with Bonds that refund Bonds previously issued by the Authority and approved by the governing board of a Member. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date ofthis Agreement, the period from July I to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2004. Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. Bonds. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 8. Bonds Only Limited and Special Oblil!ations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the 6 principal of, premium, if any, or interest on the Bonds nor shall the Members or the Authority in any manner be obligated to make any appropriation for such payment" No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason ofthe issuance of any Bonds. Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority" Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that pmpose. In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period.d 7 Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided, however, that to the extent permitted by law, the Authority may, provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website). Section 12. Additional MembersIWithdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Members upon: (I) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding" Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee of other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. 8 Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and nonprofit organizations (e.g., the Foundation) to accomplish any of the governmental unit's or nonprofit organization's purposes. Section 15. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions ofthis Agreement. Section 16. Amendments. Except as provided in Section 12 above, this Agreement shall not be amended, modified, or altered, unless the negative consent of each of the Members is obtained. To obtain the negative consent of each of the Members, the following negative consent procedure shall be followed: (a) the Authority shall provide each Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become effective; and (c) if no Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Initial Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Member approving this Agreement and the execution and delivery hereof. 9 Section 18. Partial Invaliditv. If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law" Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto" Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members" Section 20. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement shall be governed under the laws ofthe State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. [The remainder ofthis page intentionally left blank.] 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. Member: CITY OF SARATOGA By Name: Title: ATTEST: By Name: Title: II SARATOGA CITY COUNCIL ORIGINATING DEPT: City Manager PREPARED BY, S~, Cat e e lerk CITY MANAGER: 5 }f2::J ~/ MEETING DATE: August 2, 2006 AGENDA ITEM: DEPT HEAD: Dave Anderson. City Manaver SUBJECT: 2006 Weed Abatement Program - Assessment Report RECOMMENDED ACTION: Conduct public hearing and adopt resolution" REPORT SUMMARY: Under State and local laws, local governments routinely abate the seasonal fire hazards of hazardous vegetation and/or combustible debris on undeveloped property. For the County and several cities, including Saratoga, this abatement program is administered by the Office of the Agricultural Commissioner. In many cases, property owners find it convenient to have the district take care of vegetation or debris removal and to pay through a property tax lien. The City Council approved 71 parcels for inclusion in the program at the start of the season, and all were inspected at least once, and most several times during the season" A total of six were abated by the Commissioner's contractor. This past year, the County performed abatement on parcels on the attached list in Saratoga. Tax liens and assessments on the owners ofthese parcels totaled $6,810.05. In order to recover this cost, it is necessary for the Council to adopt a resolution confirming the assessments and directing the County Auditor to enter and collect the assessments on the property tax bill. FISCAL IMPACTS: None to the City if resolution is adopted. City may be liable for work performed by contractor for any assessments not levied. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: See Fiscal Impacts" ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None, this is the last City action in the brush abatement cycle ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Saratoga News as required by law and list of parcels for fire hazard vegetation abatement was posted for public view in front of the Council Chambers. The County mailed notices to all of the affected property owners" ATTACHMENTS: Attachment A - Resolution Attachment B - List of parcels. RESOLUTION 06- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES WHEREAS, at a regular meeting held on December 7, 2005, the Office of the Agricultural Commissioner submitted a report to this City Council consisting of all unpaid bills for abatement expenses and a proposed assessment list, and the parcels against which said expenses, including applicable administrative and collection costs are to be assessed, all pursuant to Article 15, Chapter 7 of the Saratoga City Code; and WHEREAS, the City Council, having heard said report and all objections; thereto, and the Council, finding that no modifications need to be made to any of said assessments. NOW, THEREFORE, IT IS ORDERED that the 2006 Weed Abatement Program, Assessment Report, City of Saratoga, prepared by the Office of the Agricultural Commissioner, which report is attached hereto as Exhibit A and incorporated herein by reference, be and hereby is confirmed. Each of said parcels as shown on the attached Exhibit A is declared to have a lien against it in the amount set opposite said parcel number in the last column thereof; and the Santa Clara County Auditor is hereby directed to enter the amounts of said assessments against the respective parcels of land on the County Tax Roll, and to collect the same at the time and in the manner as general municipal property taxes are collected. A certified copy of this resolution and assessments shall be filed with the Santa Clara County Auditor. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 2nd day of August 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk ~ .... <= ..... ..... 00 ..... ~ ..... - a .... Q <= <= <= OIl on OIl on OIl - - - - - - ... 8 ... s 00 8 II> <= '" ... 00 0 ...J.... N 0 '" '" '" vi ...J:IE 00 or> '" ..... ..... ::::! - ~ 0<( '" 00 '" '" ... 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N <( ,;., , , ,;., , '" '" '" '" 0 0 0 <= 0 0 or> or> or> or> or> or> <D 0 0 ~ ~ .... N ;; -- 0 0 0 " ~ 0 " 0 "0 1<1 ~ "0 ~ W W ~ .0 t: Iii '" ~ 0 ~ m ::E :;;: '" u Cl In t:: " or> ..... 0 0 - 0 ... ... a. in 00 '" or> ... ::; ::; Q) a:: = . ...D:L ___.%_.__ ,...J.Q...~.........tlL.._ --------- ..._......_.__._.._"'.~~._- H__~.m~____..,,_.._ 503-72-014 HAMES CONSTRUCTION INC '''''9 AUDREY AV APBELL CA 95008-6402 503-13-039 HORVATH DAGMAR M 15209 BLUE GUM CT SARATOGA CA 95070-6268 503-31-088 HWANG LILY L AND JOSEPH J 13966 ALBAR CT SARATOGA CA 95070-9718 503-16-015 BAKKE KRISTIN V AND MINOO A TRUS 13540 SURREY LN SARATOGA CA 95070-4257 503-28-008 MS. JULIA HASHEMIEH 106 HEINTZ CT ., GA TOS CA 95032-5036 503-13-134 CHAPEL JUDY PO BOX 3458 SARATOGA CA 95070-9730 SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: (0 CITY MANAGER: f;/J~ DEPTHEAD: ~~ John Cherbone ORIGINATING DEPT: Public Works PREPAREDBY:~~ ohn Cherbone SUBJECT: Kevin Moran Park - Conceptual Design Process RECOMMENDED ACTION(S): Consider report, accept public testimony, and provide direction to staff regarding the process to develop a conceptual plan based on the neighborhood model to have ready to present to the City Council for approval at the September 6, 2006 meeting. REPORT SUMMARY: Background: At the June 7, 2006, City Council Meeting, Council approved a plan for Kevin Moran Park that included a full size soccer field. Recently, the City Council School Ad Hoc comprised of Council Members King and Streit negotiated a tentative agreement with West Valley College for use of two full size soccer fields, which negated the need to develop a full size field at Kevin Moran Park. At the July 12, 2006, City Council Meeting, Council limited the Kevin Moran Park project to funds on hand in the CIP and directed staff to move forward with developing options to create a conceptual plan based on the neighborhood model. Discussion: A new process for designing the park must be developed. Given the direction at the July Ith City Council Meeting, staff recommends the following design process: . Organize a Task Force to work with the Public Works staff and David Nelson, the City's design consultant to develop a plan. The Council could appoint new members for this Task Force or use existing neighborhood members from the Kevin Moran Task Force. Staff recommends appointing the three neighborhood representatives from the previous Kevin Moran Task Force, namely Elaine Clabeaux, Marty Goldberg, and Peter Pranys. In the event that a neighborhood representative cannot be present for a scheduled meeting, Suzanne O'Neall, a resident ofNorthhampton Street, has agreed to act as an alternate. A process using the neighborhood representatives to develop a tentative park plan IS recommended as follows: . Hold a meeting with the design group and a subsequent community meeting with the Group to collect public comment in August. . Develop a conceptual plan and submit it to City Council for consideration at the September 6th City Council Meeting to obtain City Council feedback and further public input. Direct staff to prepare formal design plans and environmental documents based on the approved conceptual design. . Submit formal design plans to City Council for consideration at the 1st City Council Meeting in November. Final steps for developing the project are as follows: . Prepare bid package for construction by end of January 2007 . Award construction contract in March 2007. . Begin construction of project in April/May of2007. . Complete project by the end of summer 2007. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): A conceptual design process will not be approved and the project will not move on to the approval stage. ALTERNATIVE ACTION(S): The Council may suggest other options than the ones presented by staff. FOLLOW UP ACTION(S): If a conceptual design process is established the project will move forward for approval and subsequently into the environmental design and design and construction phases. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice of the meeting was emailed to the interested party list, and information regarding this issue was placed on the City's website. ATTACHMENTS: None. SARATOGA CITY COUNCIL MEETING DATE: July 6, 2006 AGENDA ITEM: CITY MANAGER: .Q.;;7 ~/ '1 ORIGINATING DEPT: City Manager PREPARED BY: U6 Dave Anderson DEPT HEAD: ity Clerk Dave Anderson, City Manager SUBJECT: Allocation of One -Time Funds Requests from Wildlife Center of Silicon Valley and the Saratoga Chamber of Commerce RECOMMENDED ACTION I. Accept report and direct staff accordingly. 2. Adopt resolutions. REPORT SUMMARY Backl!round On May 3, 2006 during the public hearing on the FY 2006-07 operating budget, Council requested that the allocation of one-time funds be addressed at a separate meeting and be addressed separately from the operating budget. A special meeting was held on July 6, 2006 to discuss and allocate one time sources of revenue. At that meeting Council allocated $90,900 to outside agencies. The remainder of the funds were allocated to the CIP fund balance in the amount of $800,000. Staffretumed to the City Council on July 19th with a proposed resolution allocating funds to the outside agencies including KSAR, SASCC, Chamber of Commerce, and the Wildlife Center. The requests from the Chamber of Commerce and the Wildlife Center were pulled off the resolution and staff was directed to contact both groups for further discussion. Saratol!a Chamber of Commerce In an effort to keep teens safe during the Celebrate Saratoga event the Chamber plans to provide teens a separate area. The "Teen Scene" would feature local high school bands; vendors geared towards teens and would be a "No Alcohol Zone". This area will be under the direction of Adam Henig, Recreation Supervisor. The Chamber requested $9,000 for this project. Wildlife Center of Silicon Vallev Wildlife Center requested $4,500 to retrofit their aging enclosures to keep mosquitoes out, thus preventing West Nile Virus from occurring at the Center. FISCAL IMPACTS Dependent upon direction from City Council. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION Funds will default to the General Fund undesignated fund balance. ALTERNATIVE ACTION Funds will default to the General Fund undesignated fund balance. FOLLOW UP ACTION Dependent upon direction from City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT Posting ofthe agenda. ATTACHMENTS Attachment A - Resolution Chamber of Commerce Attachment B - Resolution Wildlife Center Attachment B - Email from Wildlife Center ATTACHMENT - A RESOLUTION 06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FY 2006-07 BUDGET BY INCREASING THE ALLOCATION TO THE SARATOGA CHAMBER OF COMMERCE BY $9,000 WHEREAS, On August 2, 2006 the City Council received a report recommending the allocation of $9,000 to the Saratoga Chamber of Commerce; and WHEREAS, the Chamber of Commerce will provide a teen area during their annual Celebrate Saratoga event; and 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: . Increase the Support to Outside Agencies - Saratoga Chamber of Commerce by $9,000 . Decrease the balance in the Undesignated Reserve in the General Fund by $9,000 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 2nd day of August 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk ATTACHMENT - B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE FY 2006-07 BUDGET BY INCREASING THE ALLOCATION TO THE WILDLIFE CENTER BY $4,500 WHEREAS, On August 2, 2006 the City Council received a report recommending the allocation of $4,500 to the Wildlife Center; and WHEREAS, the Wildlife Center will use these funds retrofit aging enclosures to keep mosquitoes out, thus preventing West Nile Virus from occurring at the Center. 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: . Increase the Support to Outside Agencies -Wildlife Center by $4,500 . Decrease the balance in the Undesignated Reserve in the General Fund by $4,500 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 19th day of July 2006 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Norman Kline, Mayor ATTEST: Cathleen Boyer, City Clerk Page I of I Cathleen Boyer From: Janet Alexander [janet@wcsv.org) Sent: Thursday, July 27, 2006 3:46 PM To: Cathieen Boyer Cc: Trudi Burney Subject: [SPAM EMAILJ Wildlife Center of Silicon Valley Importance: Low Dear Cathleen, Thank you for the opportunity to attend next week's City Council meeting and discuss the utilization of funds granted to WCSV by the City of Saratoga" Briefly stated, we can elaborate on how we plan to retrofit our aging enclosures to keep mosquitoes out, thus preventing West Nile Virus from occurring at the Center. We would also like the opportunity to explain how and why we treat animals exhibiting symptoms of the virus (in line with our mission) and why we feel that we are not acting irresponsibly by doing so. We hope we can quell any misconceptions Council Members or residents of Saratoga may have on the rehabilitation process and subsequent release of wild animals in the area. As of this date, we have not received any directive to cease rehabilitating West Nile Virus patients from the two entities that license us to operate: California Dept. of Fish & Game and U"S. Fish and Wildlife Services. If you have any questions prior to the meeting, please feel free to contact either myself or Trudi Burney. Thank you again for the opportunity to clarify our position to Council. Sincerely, Janet Alexander Director of Operations Wildlife Center of Silicon Valley 3027 Penitencia Creek Road San Jose, CA 95132 408"929.9453 ex!. 303 WVyw,V'LGSv,oIQ JLL'7/,)f'I(V:.._ SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: 1) PJ?7 ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Tavlor City Attorney DEPT.HEAD: Dave Anderson SUBJECT: Direction to Staff Regarding Proposed Amendments to Hakone Gardens Lease with the Hakone Foundation to Facilitate Development of a Visitor Center. RECOMMENDED ACTION: Accept report and direct staffto work with representatives of the Hakone Foundation to draft lease amendments that would provide for a City contribution of $250,000 towards the cost of developing a visitor center at Hakone Gardens. REPORT SUMMARY: At the July 19th 2006 City Council meeting during Council's consideration of the Capital Improvement Program, the Hakone Foundation requested that the City Council consider allocating $250,000 as a contribution towards the cost of a visitor center at the Hakone Gardens. The Board of the Hakone Foundation is seeking private grants to defray the bulk of the cost of the visitor center and wishes to demonstrate to potential funders the City's support for the project in the City's park. The City's lease agreement for the Gardens with the Foundation currently calls for City funding of various improvements in the Gardens. It does not address City contribution towards a visitor center. If Council wishes to commit the City to providing the requested funding when the Foundation has raised the necessary private funds it would be appropriate to reflect that commitment in the lease agreement. Before negotiating specific amendments to the agreement, however, staff believed it appropriate to seek specific direction from Council. If Council wishes to proceed, staff would prepare amendments that commit the City to a $250,000 contribution to the Visitor Center subject to City Council approval of the design and the availability of sufficient private funds to pay for the portion of the project costs not covered by the City contribution. A representative from the Foundation will be available at the City Council meeting to answer any questions that the Council may have about the Foundation's plans. ALTERNATIVES: Direct staff to prepare lease amendments committing a different amount or different terms. FISCAL IMPACTS: Some staff time will be involved in preparing the amendments and a follow-up report to the Council. The primary fiscal impact will be that ofthe contribution itself at the time the Foundation raises the funds necessary for the proj ect. FOLLOW UP ACTION: Draft lease amendments in consultation with the Foundation and return to the City Council for final approval. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. AGENDA ITEM: l1 &2-2~/ SARA TOGA CITY COUNCIL MEETING DATE: August 2, 2006 ORIGINATING DEPT: Public Works PREPARED BY: John Che~ CITY MANAGER: Cherbone ~ SUBJECT: Capital Improvement Plan (CIP) - Fiscal 06/07 Update 2nd Review RECOMMENDED ACTION(S): I. Accept report regarding the CIP and provide direction to staff. 2. Adopt Resolution amending the Fiscal Year 06/07 Budget. REPORT SUMMARY: Summarv of Candidate CIP Proiects Approved for Fundinl! at the Julv 19th City Council Meetinl!: At the July 19th City Council Meeting, City Council reviewed candidate CIP projects and project funding sources and provided the following direction: . Unrestricted Funds: Available Funds: Aloha Safety Project: McWilliams House Contingency: Beauchamps Playground Safety: Sobey Road Culvert Repair: 2 Solar Powered Radar Signs: Village Improvements: North Campus Improvements: Alternative Soccer Field Location( s) Remaining Funds: $1,093,000 (40,000) (10,000) (15,000) (150,000) (15,000) (50,000) (500,000) (250.000) $63,000 All projects listed under Unrestricted Funds except for the Sobey Road Culvert Repair, Solar Powered Radar Signs, and Alternative Soccer Field Location(s) are existing approved CIP Projects that do not require further review and therefore can be approved for funding via the attached budget resolution. · Restricted Funds - Parks/Trails: Available Funds: I" Trail Segment #3 Erosion Repair: 2. Terlink Ranch Trail Repair: 3. San Marcos Open Space Trail: 4. Calabazas Creek Trail: 5. Hakone Gardens Visitor Center: Remaining Funds: $379,600* (J 6,500) (30,000) (27,500) (55,600) (250.000)** $0 * Note: Available Funds are anticipated revenues over the next two FY. Projects will be funded by priority as revenues are collected beginning with Trail Segment #3 Erosion Repair. **Note: The City Attorney has prepared a report regarding this project under a separate adgenda item titled "Direction to Staff Regarding Proposed Amendments to Hakone Gardens Lease with the Hakone Foundation to Facilitate Development of a Visitor Center" . . Restricted Funds - Tree Fund: Available Funds: Parks: Medians: Rights-of-Ways: Remaining Funds: $175,000 (100,000) (50,000) (25.000) $0 Similarly all projects listed under Restricted Funds except for the Terlink Ranch Trail Repair are existing approved CIP Projects that do not require further review and therefore can be approved for funding via the attached budget resolution" Summary of Candidate CIP Proiects Not ADProved for Fundint! at the Julv 19th City Council Meetint!: Other direction included providing options for sidewalk improvements on Quito Road between Highway 85 and Allendale A venue, and options for widening Highway 9 at Aloha. Additionally, two candidate CIP projects were introduced since the CIP Meeting on the 19, which are the Book-Go-Around Drainage Improvements and Fire Alarm Systems for the McWilliams House and the Book-Go-Around. A discussion of these candidate projects can be found below. . Unrestricted Funds: Available Funds: Quito Road Sidewalk Improvements: Highway 9 Widening: $63,000 (J 50,000) (J 75,000) 20f4 Book-Go-Around Drainage Imp.: (60,000) McWilliamslBook-Go-Around Fire Alarm: (25.000) Remaining Funds: ($347,000) . Ouito Road Sidewalk Improvements: This project was introduced at the July 19th meeting by a resident concerned about the lack of sidewalks on Quito Road between Highway 85 and Allendale Avenue. The estimated cost of this project for concrete sidewalks is $325,000 whereas an asphalt pathway is estimated at $150,000. Staff recommends the asphalt pathway options due to the rural nature ofthis section of Quito Road. Options for this project include: I. Partially fund the project with remaining Umestricted CIP Funds. 2" Include the project in the CIP as an unfunded project and direct staffto explore grant opportunities and other funding sources. 3. Do not consider the project during this year's CIP Update. . Highwav 9 Widening at Aloha: This project was introduced at the July 6 City Council Meeting by the public. The project would widen Highway 9 at Aloha Avenue to improve sight distance for inbound and outbound Aloha Avenue traffic. The estimated cost of this project is $175,000. Options for this project include: 1. Cease work on the Aloha Safety Proj ect and transfer funds to this proj ect. Currently the Aloha Safety Project is in the design phase with a budget of$89,500. Additional funds in the amount of$85,500 would be required to supplement the estimated project cost of $175,000. 2. Consider this project during the development of the Highway 9 Safety Project. 3. Include the project in the eIP as an unfunded project and direct staff to explore grant opportunities and other funding sources. 4" Do not consider the project during this year's CIP Update. . Book-Go-Around Foundation Drainage Improvements: This project was introduced by the Mayor an urgency item to improve drainage around the foundation under-floor of the Book-Go-Around prior to the next rainy season. The estimated cost of this project is $60,000, which will include foundation sub-drains, upgraded electrical panel, and sump pump. . Fire Alarm Svstem at the McWilliams House and Book-Go-Around: This project was introduced by Councilmember Waltonsmith to provide fire alarm protection for the McWilliams House and Book-Go-Around, which currently do not have 30f4 systems in place. The CIP currently has an approved project which will provide an alarm system for the Museum. The estimated project cost is $25,000. Economic Uncertainty/Hillside Reserve Fund: The City Council provided direction regarding the Economic Uncertainty Fund by allowing the fund to be used for hillside repairs such as landslides thus renaming the fund to the Economic Uncertainty/Hillside Repair Fund. Next Steps in the CIP Process: Once final direction from City Council is received on the candidate CIP projects, staff will submit approved projects to the Planning Commission for review of general plan and environmental approvals. The process will conclude with public hearings and final adoption of the new CIP projects by City Council. FISCAL IMPACTS: Unknown at this time. Depends on the final CIP project list. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): Not Applicable" ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Subsequent Public Hearings will be held with both the Planning Commission and City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Budget Resolution" 40f4 SARATOGA CITY COUNCIL MEETING DATE: August 2, 2006 AGENDA ITEM: m &--7~ ORIGINATING DEPT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: -. - ~'---'-- DEPT HEAD: Dave Anderson, City Manager SUBJECT: Vector Control Update on Wildlife Program Status and West Nile Virus RECOMMENDED ACTION Accept report and direct staff accordingly. REPORT SUMMARY Last week, County Vector Control staff alerted city officials that Santa Clara County was involved in an assessment of the wildlife program" In further discussion with Tim Mulligan, the District Manager, he stated that a Board of Supervisors sub-committee was studying the issue. They are in the process of preparing for this meeting which will occur on August 17,2006. Director Mulligan will attend the Council meeting and provide a briefing on the options that they will present to the subcommittee. Additionally, he will brief the City Council on the status ofthe West Nile Virus outbreak in the area and what has been done to contain the situation. FISCAL IMPACTS N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION N/A ALTERNATIVE ACTION N/A FOLLOW UP ACTION Dependent upon direction from City Council. ~ ADVERTISING, NOTICING AND PUBLIC CONTACT Posting of the agenda. ATTACHMENTS Attachment A - Email from Laurie Frazer, Wildlife Specialist - Technician II, Santa Clara County - Vector Control District Page 1 of I Cathleen Boyer From: Ann Waltonsmith Sent: Tuesday, July 25, 20062:34 PM To: Nick Streit; Kathleen King; Norm Kline; Aiieen Kao; Dave Anderson; Cathleen Boyer Subject: RE: Vector Control-Wiidlife Services I would like to agendize this for the next meeting on Aug 2" Thanks Ann Ann Wallonsmith Council member, City of Saratoga From: Laurie. Frazer@deh.sccgov,org [maiito: La urie. Frazer@deh.sccgov.org] Sent: Tue 7/25/2006 2:11 PM To: Nick Streit; Ann Waltonsmith; Kathleen King; Norm Kline; Aileen Kao; Dave Anderson; Cathleen Boyer Subject: Vector Control-Wiidlife Services I have served the residence of the city of Saratoga in regards to wildlife situations for over ten years" As of Dec. 06, Santa Clara County Vector Control will close down it's wildlife program. I believe this program loss will have a serious impact on your residence. Two County Board of Supervisors, Pete McCue and Don Gage will be deciding between no program(leaving the cities to form there own) or a Wiidlife Services program to take over this service. The final meeting before a vote that will decide between these options will be held August 17, at 10:00. If you feel as I do that the residence of Saratoga need a wiidlife program please pian to attend this meeting and speak out on this matter. If you need further information or have any questions please contact me" I can be reached at 593-6244. Laurie Frazer Wildlife Specialist - Technician II Santa Clara County - Vector Control District 1555 Berger Dr., Suite (300), San Jose, CA 95112 Tel. (408) 918-4794 Fax (408) 298-6356 Email: Laurie.Frazer@deh"sccgov.org NOTICE: This email message and/or its attachments may contain information that is confidential or restricted. It is intended only for the individuals named as recipients in the message. If you are NOT an authorized recipient, you are prohibited from using, delivering, distributing, printing, copying, or disclosing the message or content to others and must delete the message from your computer. If you have received this message in error, please notify the sender by return email. 7/27/2006