HomeMy WebLinkAbout02-17-1999 Staff Report SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3 i° 1 AGENDA ITEM ace,
MEETING DATE February 17,1999 CITY MANAGER: diz„ i
Y
ORIGINATING DEPT. City Manager PREPARED BY: Paula Reeve,
Admin. Analyst
SUBJECT: Report from City Manager regarding rental of Hakone Gardens Caretaker's
Cottage
RECOMMENDED MOTION(S): For information only.
REPORT SUMMARY:
Please see attached memo.
FISCAL IMPACTS: N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A
FOLLOW UP ACTIONS: N/A
ATTACHMENTS: Memo dated February 12, 1999
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(5�� 13777 FRUITVALE AVENUE SARATOGA, CALIFORNIA 95070 (408) 868 -1200
COUNCIL MEMBERS:
Incorporated October 22, 1956 Evan Baker
Stan Bogosian
John Mehaffey
Jim Shaw
Nick Streit
February 12, 1999
To: The City Council i t
From: Paula Reeve, Analyst
Office of the City Manager
Re: Update on Hakone Garden Cottage Project
Background
A ceremony was held on January 20 to dedicate the recently remodeled Hakone Garden
caretaker's cottage as an additional unit of affordable housing in the City of Saratoga.
Staff has worked for the ast year with members
p y s of the County's Housing and Community
Development Department and the Hakone Foundation to refurbish the cottage using
Community Development Block Grant funds specifically designated for this purpose.
Since the need to house the park's caretaker no longer existed, the cottage was converted
into an affordable housing unit in Saratoga's otherwise prohibitive rental market. The new
tenants could also afford a presence in the park after hours.
Prior to completion of the project, several planning meetings took place between the City,
the County and the Hakone Foundation to prepare to locate a tenant for the property.
Income limits, appropriate rent levels and fair housing laws were discussed during these
sessions. Based upon the County's recommendation, City staff also contacted a fair
housing authority to ensure compliance with state and federal housing laws. The County
staff voiced their concerns about the liabilities associated with the cottage being located in
the middle of a public parking lot and its proximity to an unenclosed pond. City staff was
also advised at this time that it could select tenants based upon the affordable housing
needs in Saratoga, which have historically targeted senior citizens.
Printed on recycled paper.
Issue
A very informative February ls Mercury News article about the Hakone project caught
the attention of a countywide fair housing group who interpreted the piece as an intention
on the part of the City to bar families with children from renting the home. The agency
voiced its opinion in a subsequent February 6 Mercury News article. City staff has since
thanked the agency for its input and advised them that the City would be reviewing the
matter to ensure compliance with applicable fair housing laws.
Recommended Resolution
After further review and discussion of fair housing laws and the issues involved in
managing the property, the City Manager and the City Attorney have both determined that
it is in the best interest of the City and the Hakone Foundation to hire a non -profit agency
well versed in fair housing law and experienced in management of affordable housing.
This recommendation is based on the City's experience with three very successful and
long -term relationships with non -profit agencies currently providing property
management, tenant backgrounding and placement, and landlord -tenant issue resolution
services for existing affordable housing units within Saratoga. These projects receive
continued annual funding through the City's Community Development Block Grant
allocation.
Interviews have been scheduled in late February with two groups currently managing
affordable housing projects within the City, and a number of other non -profit agencies
who administer affordable housing throughout Santa Clara County. A panel consisting of
City and County staff and at least one Hakone Foundation representative will conduct the
interviews.
Staff anticipates selecting one of these firms to manage the Hakone property. The fee to
provide these services generally costs 6% of the monthly rent payment, in this case,
between $500 and $700 per year. The fee would then be deducted from the rent payment
collected from the tenant, with the net going to the Hakone Foundation as originally
planned.
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3 ,fO- AGENDA ITEM
MEETING DATE February 17,1999 CITY MANAGER: /t
ORIGINATING DEPT. Comm. Dev. DEPT. HEAD: James Walgren
SUBJECT: Report from Community Development Director regarding letter to Saratoga
Union School District containing City's response to Notice of Intent for
Saratoga Elementary School renovation project.
RECOMMENDED MOTION(S): N/A
REPORT SUMMARY:
Subject materials lc�(�
FISCAL IMPACTS: N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): N/A
FOLLOW UP ACTIONS: N/A
ATTACHMENTS: None
i A
DRAFT
February 17, 1999
Dr. Mary Gardner, Superintendent
Saratoga Union School District
20460 Forrest Hills Drive
Saratoga, California 95070
RE: Response to Saratoga Elementary School Initial Study
Dear Dr. Gardner:
This letter is in response to the environmental Initial Study prepared for the Saratoga Union
School District by environmental consultants LSA Associates Inc. After careful review, it is my
opinion that the Initial Study is not adequate to support an environmental Negative Declaration.
The City Council, Public Safety Commission, Planning Commission and Heritage Preservation
Commission and City staff have all reviewed the document and their comments are incorporated in
this letter. While it is not the City's desire to delay the School District's plans to proceed with its
project at the Saratoga Elementary School, I do believe that the School District needs to address the
following issues before any legitimate environmental determination can be made:
Cultural and Historic Resources
Saratoga Elementary School is on the City's Heritage Resources Inventory and is therefore
subject to environmental consideration in the Initial Study. Section 21084.1 of the California
Environmental Quality Act requires that the demolition or alteration of any Federal, State or
locally designated historic structure, and its grounds, be analyzed in the environmental
assessment to determine if the proposal results in a significant environmental impact in this
case, a potential cultural impact. As a result, the plans for the Saratoga Elementary School
expansion were presented to the Heritage Preservation Commission for consideration at its
February 9 meeting. The HPC's position is that the removal of the eucalyptus trees,
particularly the two largest trees at the edge of the playground, would result in a significant
cultural impact that cannot be mitigated by simply planting new replacement trees in their
place. The size, age and historic significance of these trees in the community are all
contributing factors that are not adequately addressed in the Initial Study. Further, it is not
sufficiently established in the Initial Study that these trees could not simply be pruned back and
retained in an alternative project design.
Saratoga Union School District
Page Two
The HPC did find the proposed architecture to be appropriate, allowing the School to retain its
local historic inventory status, with the following modifications:
The more contemporary architecture of the multiple purpose building should be revised to
better match the existing and proposed classroom buildings.
The tower element should either be repaired, or rebuilt if necessary, in its current location
and not relocated to the multiple purpose building.
General Plan and Zoning Consistency
The Initial Study states that the project complies with Saratoga's General Plan and Zoning
designation standards. The General Plan does allow for schools in residential designated land
use areas. However, the General Plan limits the amount of impervious coverage to 60% of the
total site area. The amount of site coverage proposed is not indicated so it cannot be
determined whether the proposed project meets this standard. (The attached Measure G citizens
initiative also limits site coverage to 60% the applicability of this Measure to the School
District should be addressed by the District.)
The Zoning Ordinance limits structures in the R -1 -10,00 zoning district to a maximum height
of 26 ft. The proposed 37 ft. -plus tall structures are clearly not consistent with this standard.
Grading and Site Development
The Initial Study provides no details on the amount of grading necessary to level the playfield
area. A Negative Declaration cannot be supported for this project without detailed grading and
drainage plans. The California Department of Fish and Game and the Regional Water Quality
Control Board also need to be consulted relative to potential biotic or wetlands impacts which
could result from filling -in the natural drainage area.
Traffic and Circulation
Probably the most significant concern of the City, and most troubling deficiency of the Initial
Study, is the absence of any solutions to traffic and circulation problems at the school. Clearly,
the traffic measures offered in the Initial Study fail to adequately mitigate even the current
traffic and circulation problems, let alone the impacts which will result from the additional
traffic generated by the project. As a result, the Initial Study does not yet support a Negative
Declaration. If a comprehensive traffic mitigation plan is prepared by the School District which
demonstrates that the site can accommodate additional traffic safely, then a Mitigated Negative
Declaration could be considered.
Saratoga Union School District
Page Three
It needs to be stressed that as the lead agency, the responsibility for identifying and
implementing project mitigation measures rests entirely with the School District. It is not
appropriate for the Initial Study to defer mitigation to another agency (e.g. page 9, no. 5
"Develop a Suggested Route to School plan for the school. The City would develop the plan in
conjunction with the District..." this has apparently not even been discussed with City staff.)
Further, at the joint City Council meeting with the Public Safety Commission held on February
9, the City Council directed the PSC to formulate a written response to the Initial Study. At the
PSC meeting held on February 11, the following response was drafted:
General Observations
1. There is a clear and convincing traffic safety issue with regard to the health and well-
being of the school children. This was not addressed in the study conducted by LSA
Associates Inc.
2. The stakeholders must recognize the potential liability exposures which currently exist
and will likely increase with projected school enrollment increases.
3. The study is inadequate and does not address the current status of traffic issues nor does
it address the future impact of same; no specific or global traffic mitigation plans have been
offered.
4. A comprehensive, joint study needs to be addressed involving all stakeholders in this
issue including, but not limited to, the Community, the City and the School District. This
study needs to fully address traffic circulation problems affecting the immediate and
ancillary neighborhoods, as well as the immediate condition present at the school.
Specific Suggestions
P gg
1. Traffic related to the drop -off and pick -up of students should be removed from public
streets.
2. There should be provision for adequate off street parking for staff and visitors.
3. With projected increases in enrollment, consideration should be given to the issue of
busing so that an adequate pick -up and drop -off area can be identified.
4. Provision should be made for traffic mitigation at the Forest Hills Drive gate.
5. There needs to be immediate clarification of any State of California setback (or other)
requirements that would impinge upon the creation of a loading /unloading area on Oak
Street.
Technical Corrections
Page 2 The property is bounded by residential designated, and developed, land not planned
development. (Residential- Single Family to the north, south and east. Residential Multiple
Family to the west.)
Page 14, No. 7 Current Zoning: Single Family Residential
g g g Y (R-1-10,000)
Saratoga Union School District
Page Four
Page 14, No. 10 The School District has indicated to the City that they intend to adopt a
formal Resolution exempting the project from the City's Use Permit, Design Review and
environmental land use review process. The City of Saratoga should therefore not be listed as
an agency whose approval is required.
Page 21 Recreation impact b) is identified as less than significant on page 53, but is shown as
having no significance on the checklist.
Page 52 The Initial Study was prepared under the State's old CEQA Guidelines, but will be
considered under the State's new Guidelines. References such as Appendix K of the old
Guidelines should be updated to reflect the new Guidelines section on archeological
preservation.
In summary, the City does not believe the School District can adopt a Negative Declaration
based on the distributed Initial Study. At a minimum, the plans should be revised to retain the two
largest eucalyptus trees, a detailed grading and drainage plan needs to be developed, and a
comprehensive traffic and circulation mitigation plan needs to be prepared, and all of these should
be recirculated as an addendum to the Initial Study. With this additional information, a Mitigated
Negative Declaration could eventually be considered.
Please feel free to call me (408) 868 -1232 if you have any questions.
Sincerely,
(for Mayor's signature
James Walgren, AICP
Community Development Director
c: City Council
Public Safety Commission
Planning Commission
Heritage Preservation Commission
City Manager
City Attorney
1
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. I 03 AGENDA ITEM U
MEETING DATE: February 17,1999 CITY MANAGER: g, 1;� /�1�
ORIGINATING DEPT: Administrative Services DEPT. HEAD: J QJ 4
SUBJECT: Resolution Adjusting Fiscal Year 1998 -99 Budget to Fund the Year 2000
Technology Project
RECOMMENDED MOTION(S):
Adopt the attached Resolution making adjustments to the Fiscal Year 1998 -99 budget to approve
funding for the Year 2000 (Y2K) technology project.
REPORT SUMMARY:
On February 3, 1999, staff presented to the City Council a comprehensive Y2K technology plan.
The City Council directed staff to prepare a resolution appropriating $25,000 to fund this project.
The City is about to embark upon a project to inventory, assess, test and remediate each
computer -based system to address technology issues related to the Y2K problems. Staff has
estimated the cost to complete this project at $25,000. The City's MIS department consists of
just one person who does not have all the expertise nor the time to complete this large and critical
project. It is also expected that a number of non compliant personal computers will need to be
replaced, as well as some software upgrades.
Staff will assume responsibility for project management, inventorying the systems, coordinating
with outside parties, and for contingency planning. Staff will also assist in the hardware and
software testing and repairing to the extent possible as time allows.
FISCAL IMPACTS:
It is recommended that $25,000 be appropriated to address the City's Y2K issues. There are
sufficient funds in the General Fund Contingency Reserve to for this project. This is an
Y pay P J
appropriate use of the Contingency Reserve, and would leave a $175,000 balance in the Reserve
to be used at the City Council's discretion throughout the remainder of the fiscal year.
4
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
Existing staff will not be able to complete this project in the time which remains. The
consequences of not addressing this issue as quickly and thoroughly as possible could be very
serious.
FOLLOW UP ACTIONS:
None.
ATTACHMENTS:
Proposed Resolution making adjustments to the fiscal year 1998 -99 budget.
Y2kreso 2
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA MAKING ADJUSTMENTS TO THE
FISCAL YEAR 1998 -99 BUDGET
WHEREAS, the City Council adopted Resolution No. 98 -20, adopting the budget for Fiscal
Years 1998 -99 and 1999 -00 on July 1 1998; and
WHEREAS, on February 3, 1999, staff presented to the City Council a comprehensive Year
2000 (Y2K) technology plan, and the City Council directed staff to prepare a resolution
appropriating $25,000 to fund this project; and
WHEREAS, there are sufficient funds in the General Fund Contingency Reserve to pay for this
project, this is an appropriate use of the Contingency Reserve, and after this amendment the
Contingency Reserve would be left with a balance of $175,000 which could be used at the City
Council's discretion throughout the remainder of the fiscal year and
WHEREAS, the City Council has considered the recommendations and believes that
implementing these further changes will be in the best interests of the City.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves to appropriate
$25,000 to fund the Y2K technology project as follows:
Increase Decrease
Management Information Systems- Contract Services $16,000
Management Information Systems Furniture/Equipment 9,000
Contingency Reserve $25,000
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 17th day of February, 1999 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
MJW:mjw
February 17, 1999
Y2kreso
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. ..10 1 AGENDA ITEM
MEETING DATE February 17, 1999 CITY MANAGER: ilu-
ORIGINATING DEPT. Comm. Dev. DEPT. HEAD James Walgren
SUBJECT: Ordinance Amending Chapter 15 of the Saratoga Municipal Code relating to
temporary pumpkin sales in Professional and Administrative Office District
RECOMMENDED MOTION(S): Adopt the attached ordinance.
REPORT SUMMARY:
The attached ordinance was introduced at the Council regular meeting of February 3, 1999. It is
before you for adoption.
FISCAL IMPACTS: N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT: Introduction of the ordinance was
published in the Saratoga News as required by law.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S): The attached
ordinance will not be adopted.
FOLLOW UP ACTIONS: N/A
ATTACHMENTS: Subject ordinance.
ORDINANCE NO. 71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING CHAPTER 15 OF THE SARATOGA MUNICIPAL CODE, RELATING TO
TEMPORARY PUMPKIN SALES IN PROFESSIONAL AND ADMINISTRATIVE
OFFICE DISTRICT
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1. Section 15- 18.020, of Chapter 15 of the Saratoga Municipal Code is
hereby amended to read as follows:
15- 18.020 Permitted Uses
(e) Temporary seasonal Christmas tree and pumpkin saleson a site not less than
nine and one half acres in size.
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be in full
force and operation from and after thirty (30) days after its final passage and adoption.
The above and foregoing Ordinance was regularly introduced and after the waiting time
required by law, was thereafter passed and adopted at a regular meeting of the City Council of
Saratoga held on the 17 day of February 1999, by the following vote.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
1
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 105 AGENDA ITEM
MEETING DATE: FEBRUARY 17, 1999 CITY MANAGER: WI
ORIGINATING DEPT.: CITY MANAGER DEPT. HEAD:
SUBJECT: Ordinance replacing Article 7 -10 of the Municipal Code relating to sewage
disposal
RECOMMENDED MOTION(S):
Move to introduce the Ordinance by title only waiving further reading.
REPORT SUMMARY:
At the January 26 adjourned meeting, the subject ordinance was presented to the Council for
review. At the conclusion of the discussion, the Council directed that the ordinance be placed on
the February 17 agenda for first reading and introduction.
The Ordinance repeals the current sewage disposal requirements contained in Article 7 -10 of the
City Code and establishes new requirements and standards. It does this by adopting the County
of Santa Clara's requirements by reference (7- 10.020), and making various amendments to the
County's requirements to suit local needs and desires (7- 10.030 .080). Additionally, the
Ordinance specifies that private on -site sewage disposal systems which fail to operate in
compliance with the County's requirements (as amended by the City), are deemed to be a public
nuisance subject to abatement proceedings specified elsewhere in the municipal code (7- 10.090).
Several key highlights of the Ordinance are as follows:
Section 7- 10.050 places a requirement on the sellers of properties on which private on -site
sewage disposal systems exist to have an inspection of the sewage disposal system made prior to
conveyance of the property and to submit a report on the results of the inspection to the Health
Officer. Presumably, if such an inspection were to reveal problems with a private sewage disposal
system, the problems would be corrected, very likely by abandoning the private system and
connecting the property to the public sanitary sewer system, prior to sale or conveyance of the
property.
Section 7 10.060 grants new authority to the City to require properties served by private on -site
sewage disposal systems, and which are within 200 feet of the public sanitary sewer system, to
become connected to the public system within a specified period of time established by the Health
Officer (Sub- Section A). Upon certain findings based on conditions unique to each property, the
City Council may extend the time to connect to the public sewer system to up to 5 years, however
only after recordation of a covenant against the property as specified (Sub- Section B).
Section 7 10.070 requires the Health Officer to record a Notice of Violation against properties on
which a substandard private sewage disposal system is determined to exist.
At the January 26 adjourned meeting, a question was posed about requiring properties near creeks
to connect to the public sewer system sooner than in five years. This is covered under Section 7-
10.060 which gives sufficient latitude for both the Health Officer and the City Council to specify a
time frame for connection based on considerations unique to each property, one of which can
certainly be proximity to a creek, that would be less than five years.
Another question was raised about how to handle financial hardship cases. While this is certainly
something the Council may wish to consider, it must be done outside the context of the Ordinance
since enforcement of the Ordinance cannot be based on one's financial capabilities. Rather, it
would be better for the Council to consider this particular issue as part of an overall effort to
encourage connection to the public sanitary sewer systems through incentive programs. One
aspect of such a program could involve the City offering financial assistance to qualifying
individuals who either choose to or who are required to connect to the sewer system. Clearly the
development of such a program should be done in cooperation with the two sewer agencies
serving the City to take advantage of programs they already have or intend to develop.
The proposed Ordinance has been reviewed by staff from both the County Environmental Health
Department (which administers the County's Ordinance), and the West Valley Sanitation District.
If the Ordinance is introduced at your meeting, it can be scheduled for second reading and
adoption on March 3. The Ordinance would then become effective on April 3.
FISCAL IMPACTS:
None anticipated at this time. There will certainly be additional staff effort involved in
administering the Ordinance, but the extent of that cannot be determined at this time. It is
assumed that any costs associated with enforcement against violations of the Ordinance would be
recovered through enforcement proceedings to the extent that they can be.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time. The City Council may wish to consider directing staff accordingly
before the Ordinance is scheduled for second reading and adoption.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
The Ordinance would not be introduced.
FOLLOW UP ACTIONS:
The Ordinance will be scheduled for second reading and adoption on March 3.
ATTACHMENTS:
1. Ordinance.
2. Santa Clara County Ordinance incorporated by reference.
3. Memo from City Attorney and City Manager dated September 18, 1998.
ORDINANCE NO. 71-
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SARATOGA REPEALING ARTICLE 7 -10 OF
AND ADDING ARTICLE 7 -10 TO THE CODE OF THE CITY OF SARATOGA,
RELATING TO SEWAGE DISPOSAL
The City Council of the City of Saratoga does hereby ordain as follows:
SECTION 1. Article 7 -10 of the Code of the City of Saratoga is hereby
repealed.
SECTION 2. Article 7 -10 is hereby added to the Code of the City of Saratoga
to read as follows:
"7- 10.010 Health Officer Defined. For the purposes of this Article, the
term "Health Officer" shall mean the City Manager. Any of the powers
or duties to be exercised or approvals to be granted by the Health
Officer under this Article may be delegated by the City Manager, in
whole or in part, to the County Health Department or to such other
authorized agents as the City Manager may designate. The term
"Health Officer" shall be synonymous with the term "director" as used
in Division B11, Chapter II, Article 1 and 2, of the Code of the County
of Santa Clara.
7- 10.020. Adoption of County of Santa Clara Code Regarding Sewage
Disposal. Division B11, Chapter II, Article 1 and 2 only, of the Code of
The County of Santa Clara, as it may be amended from time to time,
one copy of which has been filed for use and examination by the public
in the office of the City Clerk, is referred to and, except as to additions,
deletions and amendments hereinafter noted, such regulations are
adopted and made a part hereof, the same as if fully set forth in this
Article, and shall be the sewage disposal regulations for the City.
7- 10.030. Additions, Deletions and Amendments. The additions,
deletions and amendments set forth in this Article are made to Division
B11, Chapter II, Article 1 and 2 only, of the Code of the County of
1
Santa Clara, as adopted by reference in Section 7- 10.010.
7- 10.040. Section B11-6 is Amended Concerning Non Responsibility
For Damage.
Section B11 -6 of the Code of the County of Santa Clara is amended to
read as follows:
`Section B11-6. County an o it Not Responsible for Damage.
This Chapter shall not be construed as imposing upon the county
or'the c ityany liability or responsibility for damage resulting from
the defective construction of any sewage disposal system as herein
provided, nor shall the county q e city or any official or
employee thereof be held as assuming any such liability or
responsibility by reason of the inspection authorized hereunder.'
7- 10.050 Section B11-13.2 is Added Concerning Inspection of Private
On -Site Sewage Disposal System Upon Sale of Property.
Section B11 -13.2 is added to the Code of the County of Santa Clara, to
read as follows:
`Section B11 -13.2. Inspection of Private On -Site Sewage
Disposal System Upon Transfer of Ownership of Property.
(a) No person shall sell, transfer, or convey more than fifty
percent of the ownership interest in any real property,
residence, place of business, or other building, upon which
a private on -site sewage disposal system exists, without first
obtaining an inspection of the sewage disposal system and
written report summarizing the results of the inspection.
(b) The inspection shall be made for the purpose of
determining, and the report of the inspector shall state,
whether the private on -site sewage disposal system is
operating in compliance with this Code.
(c) The inspection shall be conducted by a registered civil
engineer or a registered environmental health specialist, or
any other individual who is determined by the Health
2
Officer to be ualified to perform such inspection.
p pection.
(d) The report of the inspection shall be submitted to the
Health Officer as a condition to close of escrow or transfer
of ownership of the subject property.'
7- 10.060. Section B11-13.3 is Added Concerning Requirement of
Connection to Public Sewer.
Section B11 -13.3 is added to the Code of the County of Santa Clara, to
read as follows:
`Section B11-13.3. When Connection to Public Sewer is
Required.
(a) The Health Officer may order by notice in writing any
person owning or occupying property within the
boundaries of the City from or upon which any sewage
whatsoever is generated, which premises are not connected
to an existing public sewer facility available within 200 feet
of the boundary line of such property, to connect thereto
or vacate or cause to be vacated such premises within a
specified period of time.
(b) The City Council, however, after receiving evidence
from the Health Officer, may declare and determine that
the continued use of an existing on -site sewage disposal
system is and could reasonably be expected to remain
adequate for treatment and disposal of sewage without
constituting a public nuisance by reason of the soil
condition, drainage conditions, the degree of urban
development in the area and the type and condition of the
particular sewage disposal system in question. As a
condition to such determination, the owners of the
property with reference to which such determination has
been made, shall execute in writing in a form acceptable for
recordation a covenant to:
(1) Cause connection to be made to the existing
public sewer facilities within a specified time not to
3
exceed five years from the date of such
determination or upon demand of the Health
Officer, whichever date comes first, based upon the
determination of such officer that one or more of
the conditions recited in sub section (b) above have
changed so that such existing sewage treatment and
disposal constitutes a public nuisance;
(2) Notify any purchaser or transferee for
consideration of any rights in and to such property
of the existence of such a covenant and the
performance or nonperformance thereof prior to
such purchase or transfer.'
7- 10.070. Section B11 -29.1 is Amended Concerning Recordation of
Notice of Violation.
Section B11 -29.1 of the Code of the County of Santa Clara is amended
to read as follows:
`Section B11 -29.1. Record Notice of Violation.
The dircctorHealth� fficer frray=LWrecord a notice of the
existence of a substandard sewage disposal system violation in the
office of the County Recorder, and shall notify the owner of the
affected real property and any other known party responsible for
the violation that such action has been taken. This notice is to
inform all parties that no improvements, including building
additions, can be approved while the substandard sewage disposal
system continues in operation.'
7- 10.080. Section B11-30 is Amended Concerning Appeals.
Section B11 -30 of the Code of the County of Santa Clara is amended to
read as follows:
`Section B11-30. Appeal From Denial. Revocation or Suspension.
Any appeal to the decision of the Health Officer pursuant to
Articles 1 and 2 of this Chapter shall be filed in accordance with
the provisions in Section 2- 05.030 of the Code of the City of
4
Saratoga.
7- 10.090. Sewage Disposal System constituting a Public Nuisance.
`Private on -site sewage disposal systems which the Health Officer
determines are not operating in compliance with the requirements
of Division B -11, Chapter II, Articles 1 and 2 of the Code of the
County of Santa Clara, are hereby deemed by the City Council to
be a public nuisance and may be abated in the manner set forth
in Articles 3 -15 and 3 -20 of the Code of the City of Saratoga."
SECTION 2. EFFECTIVE DATE. This ordinance shall go into effect and be
in full force and operation from and after thirty (30) days after its final passage and
adoption.
The above and foregoing Ordinance was regularly introduced and after the
waiting time required by law, was thereafter passed and adopted at a regular meeting
of the City Council of Saratoga held on the day of 1999,
by the following vote.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
February 4, 1999
MSR:dsp
J:\WPD\MNRSW\273\ORD99\SEW-DISP.99
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ORDINANCE NO. NS-
AN ORDINANCE REPEALING ARTICLES 1 AND 2 OF CHAPTER II,
DIVISION BI 1 AND ADDING NEW ARTICLES 1 AND 2 OF CHAPTER II,
DIVISION B11 OF THE ORDINANCE CODE OF THE COUNTY OF SANTA
CLARA RELATING TO THE DISPOSAL OF SEWAGE
SUMMARY
This ordinance repeals Articles 1 and 2 and adds new Articles 1 and 2 of Chapter II, Division B11
of the OrdiUnance Code of the County of Santa Clara establishing standards for the design,
installation, approval, and operation of on -site sewage disposal systems. These standards are
established to insure that such systems are built and operated in a safe and effective manner and are
subject to review and approval by Environmental Health Services.
The Board of Supervisors of the County of Santa Clara, State of California, ordains as follows:
SECTION 1. Article 1 of Chapter II, Division B 11 (commencing with Section B11-14) is
repealed.
SECTION 2. Article 2 of Chapter II, Division B11 (commencing with
Section B 11 -24) is repealed.
SECTION 3. Article 1 (commencing with Section B11 -5) of the Santa Clara Ordinance Code is
added to read: Article 1 In General
Section B11-5 Intent and Application.
The purpose of this chapter is to establish standards for the approval, installation, and operation of
individual, on -site sewage disposal systems consisiitent with the appropriate California Regional
Water Quality Board standards and basin plans. Such standards are adopted so as to preclude the
creation of health hazards and nuisance conditions and to protect surface and groundwater quality.
Individual, on -site sewage disposal systems may be considered for use where a sanitary sewer is not
available consistent with the provisions of Section B11-8 of this chapter.
This chapter shall pertain to premises where there is proposed or exists a residence, place of
business or other building or place which people occupy, or where persons congregate, reside or are
employed and wherein the volume of waste produced is two thousand five hundred (2,500) gallons
per d or less.
If the amount of waste produced is in excess of two thousand five hundred (2,500) gallons per day,
or where a multiunit building containing more than five (5) units is proposed, the method of
treatment and disposal shall be as approved by the appropriate California Regional Water Quality
Board consisiitent with the requirements of Section B11 -12 of this chapter.
The method of on -site treatment and sewage disposal on all parcels created after January 1, 1984
that are one -half (1/2) acre or less in size, or are less than two and one -half (2 -1/2) acres in size if
located within a reservoir watershed, or where the percolation rates are 61 to 120 min. /in. and the
proposed loading rate is greater than 0.1 gal. /ft.2 /day shall be submitted to the Regional Water
Quality Control Board having jurisdiction for review and approval. System design shall be
consistent with Section B11-13 of this chapter.
Section B11-6 County not responsible for damage.
This chapter shall not be construed as imposing upon th county any liability or responsibility for
damage resulting from the defective construction of any sewage disposal system as herein provided
nor shall the county or any official or employee thereof be held as assuming any such liability or
respontisibility by reason of the inspection authorized hereunder.
Section B11-7 Enforcement.
It shall be the duty of the director of environmental health to enforce the provisions of this chapter;
and in the performance of this duty, to enter at any reasonable hour any premises as may be
necessary. For purposes of this chapter, the term "director" shall mean the director of
environmental health or duly authorized agent thereof.
Section B11-8 Public sanitary sewer; connection to.
Every premises where there is proposed a residence, place of business, or other building or place
which people occupy, or where persons congregate, reside, or are employed, and which abuts a
street or alley in which there exists an approved sanitary sewer, or which property line is within
three hundred (300) feet of an approved sanitary sewer, shall be connected to said sanitary sewer in
the most direct manner possible, provided a right -of -way can be obtained. On property where an
on -site sewage disposal system currently exists, connection to the available sanitary sewer shall be
required at the time of system failure or when the building is remodeled, increased in square
footage, or altered in such a manner as to change uninhabitable area into habitable area.
Section B11-9 Violations and Penalties.
(a) No person shall construct, add to, repair, alter, or maintain any sewage disposal system, sewer
pipes or conduits, or any other conduits for the treatment or discharge of sewage, impure waters, or
any matter or substance offensive, injurious, or dangerous to health, whereby sewage shall do any
of the following:
(1) empty, flow, seep, or drain onto the surface of any land, or saturate the soil within twelve
(12) inches of the surface.
(2) empty, flow, seep, drain into, or affect any well, spring, stream, river, lake, or other waters.
(3) result in any condition which, in the opinion of the director, is unsafe, dangerous, or creates
a nuisance.
(b) A violation of this section is hereby declared a public nuisance.
(c) Any person violating any provision of this chapter or regulation adopted pursuant to this
chapter, is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars
($1,000.00) or by imprisonment in county jail not exceeding one year, or both such fine and
imprisonment. Every day during any portion of which a violation occurs or continues is a separate
and distinct offense.
Section B11-10 Power of director to make additional regulations.
The director is hereby authorized to make all rules and regulations governing construction,
maintenance, and administration of private sewage disposal systems as deemed necessary to carry
out the intent of this chapter.
SECTION 4. Article 2 (commencing with Section B11-11) of the Santa Clara Ordinance Code is
added to read: Article 2 On -site Disposal Systems
Section B11-11 Private sewage disposal systems; when used.
(a) Every residence, place of business, or other building, or place where persons congregate, reside,
or are employed, and which cannot be connected to a sanitary sewer, shall be provided with a water
flush toilet sewage disposal system. Where the volume of waste produced is in excess of 2500
gallons per day or where more than five (5) units are proposed, said sewage disposal system shall
he constructed, altered, reconstructed, and maintained as approved by the California Regional
Water Quality Control Board having jurisdiction consistent with B11 -12 of this chapter.
(b) Every residence, place of business, or other building, or place where persons congregate, reside,
or are employed, and which cannot be connected to a sanitary sewer, shall be protivided with a
water flush toilet sewage disposal system. Each detached living unit, except as otherwise provided
below, is to have its own sewage disposal system. Where the volume of waste produced is less
than 2500 gallons per day, said system shall be constructed, altered, reconstructed, and maintained
in such a manner as to meet the requirements of Section B11 -13 of this chapter.
Exceptions to the above may be granted by the director as follows:
(1) More than one (1) agricultural employee living unit may be connected to a single individual
sewage disposal system.
(2) Second dwelling units permitted for family care may utilize a single individual sewage
disposal system.
Section B11 -12 Sewage disposal systems subject to California Regional Water Quality Control
Board waste discharge requirements; county permit required; fee.
Sewage disposal systems which are subject to the requirements and approval of the California
Regional Water Quality Control Board shall also be subject to the approval of the director. The
proposed system shall be detisigned to accommodate the waste discharge consistent with the
requirements of the appropriate California Regional Water Quality Control Board. The director
shall require engineered sewerage plans to be submitted by a registitered civil engineer or a
q g g p Y g
registered environmental health specialist with experiiience in on -site sewage system design before
issuing a permit. A registered civil engineer or a registered environmental health specialist shall:
(1) be required to inspect the construction of the sewage disposal system and, upon completion, to
submit a letter of certification to the director verifying the proper installation and operation of the
sewage disposal system; and (2) be responsible for sampling for a minimum period of one year
consistent with the California Regional Water Quality Control Board waste discharge requirements.
The applicant shall contract with a private sanitary engineering firm to ensure the proper
maintenance of the sewage disposal system for the first five (5) years of operation.
The applicant shall obtain a permit and pay a fee in an amount as determined by resolution of the
Board of Supervisors.
Section B11-13 Private sewage disposal system.
At any residence, place of business, or other building where there is installed a water flush toilet
sewage disposal system which is not connected to an approved sanitary sewer, there shall be
installed a private on -site sewage disposal system consisting of a septic tank and subsurface
leaching system for the disposal of the tank effluent. The septic tank and subsurface leaching
system shall be so constructed as to meet the requirements of construction and maintenance
prescribed by this chapter and the rules and regulations of the director.
(a) Sewage disposal systems shall be installed in accordance with the plans approved by the
director. Any changes in the installation plans must be reviewed and approved by the director or
appropriate California Regional Quality Control Board prior to installation.
(b) No person shall construct, add to, repair, or alter any existing sewage disposal system without
first submitting plans to the director for approval and obtaining a permit pursuant to the
requirements of this chapter.
(c) The septic tank effluent shall discharge into an approved subsurface leaching system.
(d) Two (2) leaching systems (dual leaching), each one hundred (100) percent of the total size
required by the director, shall be installed and interconnected with an approved flow diversion
device. A riser shall extend from this device to or above the ground surface. This device shall be
rotated once each year so that each leaching system is dosed with septic tank effluiient on alternate
years.
(e) In addition to the dual leaching system, the director reserves the authority to require that an
additional area of the property, suitable for one hundred (100) percent expansion of the subsurface
leaching system, be desigtinated and reserved.
(f) Sewage disposal systems shall be located so as to be easily accessiiible for maintenance and
repairs.
(g) At the discretion of the director, an inspection riser may be reuquired at the end of each
drainline.
(h) The director shall require soil percolation tests and at least one soil boring or excavation per site.
Additional exploratory tests or other informaiition may be required to verify adequate depth of
permeable soil and/or separation between trench bottom and groundwater. Where the director has
adequate evidence to demonstrate suitable permeable soil and groundwater separation, testing
requirements may be waived.
(i) Soil percolation tests shall be required on every parcel unless the director determines, on a case
by -case basis, that a percolation test is not necessary. The director shall determine the percolation
test method and the number and location of the percolation test borings.
(j) When a geological report is required by the county geologist, it shall be made available to the
director.
(k) A private sewage disposal system shall not be approved or permitted when any of the following
conditions exist:
(1) less than ten (10) feet of permeable soil exists beneath the bottom of the proposed leaching
field trenches;
(2) any portion of the drainfield area has been covered with fill exceeding 12 inches in depth;
(3) the minimum distance between trench bottom and groundwater does not conform to the
following:
Percolation Rate, Min/in Distance
Less than 1 Disapproved
1 -5 20'
6 120 10'
More than 120 Disapproved
(4) soils or rock formations contain continuous channels, cracks, or fractures;
(5) the area is subject to ponding or flooding. The definition of "area subject to flooding" is the
Santa Clara Valley Water District's 10 -year floodplain designation or areas observed to be subject
to flooding from field observations;
(6) slopes exceed twenty (20) percent, except as otherwise provided in Section B11 -26;
(7) the following setback distance requirements cannot be provided for the sewage disposal
system:
MINIMUM DISTANCES (in feet)
MEASURED DISPOSAL SEPTIC
FROM FIELD TANK
All wells 100 100
Water courses (top of bank) 100 100
Reservoirs (high water mark) 200 200
Cuts or steep
embankments (top of cut) 4xh2 4xhl
Drainageway /swale (break of slope) 50 50
Property line 10 10
Foundation 10 5
Water service line 10 10
Septic tanks 6
Swimming pool 10 10
Road easement,
pavement, or driveway 5 5
(I) No private sewage disposal system shall be approved on any parcel of land where the
percolation rate exceeds 120 min/inch or is less than 1 min/inch.
(m) No part of any private sewage disposal system shall cross any property line.
(n) Upon notice from the director that work on the sewage disposal system is being conducted in
violation of this chapter, or in an unsafe or dangerous manner, such work shall be immediately
stopped. The stop work order shall be in writing and shall be issued to the owner of the property
involved, or to the owner's agent, or to the person doing the work. It shall state the conditions
under which work may be resumed.
Section B11 -13.1 Plans.
Plans shall include a contoured plot plan to a minimum scale of one (1") inch to twenty (20') feet.
The plans shall comply with and contain all information required by Santa Clara County Health
Department, Septic Tank Sewage Disposal System, Bulletin "A and any additional information
the director may require. Any change in the plans after the issuance of a permit may invalidate the
permit unless the changes are first approved by the direcutor.
Section B11-14 Fees.
Permit fees for sewage disposal systems subject to this chapter and all related fees shall be an
amount as determined by resolution of the Board of Supervisors.
Section B11-15 State contractor's license required for installation or repair; registration fee.
No person shall install, construct, alter, enlarge, reconstruct, replace, improve, recondition, or repair
a private sewage disposal system pursuant to this article unless such person has done the following:
(a) Secured a general engineering contractor's license (Class A) as defined in Section 7056 of the
Business and Professions Code, or a Class C -42 sanitation system contractor's license from the
Contractors State License Board of the State of California; and
(b) Registered with the director and paid a fifty dollar ($50.00) registratition fee upon furnishing
satisfactory proof to the director as to the possession of such state contractor's license. Proof of a
current valid license shall be supplied to the director by June 30 and biennially thereafter.
The property owner may construct or repair an on -site sewage disposal system on his /her own
property, which system serves or will serve the building on said property that is neither being
offered for sale nor intended to be so offered provided: (a) persons hired by the owner to do the
subject work must comply with Section B11 -15 (a) and (b); and, (b) a permit is obtained.
Section B11-16 Refusal to issue building permit.
No building permit shall be issued for any building that is not to be connected to an approved
sanitary sewer unless the applicant has received written approval of the director for the on -site
sewage disposal system.
Section B11-17 Refusal to issue certification of occupancy.
(a) No certification of occupancy shall be issued for any building that is not connected to an
approved sanitary sewer without written approval of the director for the on -site sewage disposal
system.
(b) No person shall occupy or otherwise use any premises or building that has not been connected
to an approved sanitary sewer unless the method of sewage disposal has been approved by the
director.
Section B11-18 Reserved.
Section B11-19 Cumulative impact.
Where sewage disposal systems are installed or considered, ground water mounding and watershed
protection are factors to be considered. The director may require additional geological studies or
other information demonstrating to the satisfaction of the director, that use of a subsurface leaching
system will not do any of the following: permit sewage effluent to surface, degrade water quality,
create a nuisance, jeopardize other properties, affect soil stability, or present a threat to the public
health or safety. The applicant shall submit a technical report addressing each of these concerns.
The report shall be prepared by a state registered civil engineer with a soils and geologiiical
background or a state certified engineering geologist. The technical report shall include, but shall
not be limited to, soil percolation rates, contours, soil depth, seasonal ground water elevation(s),
location of all existing or proposed ground cuts, rock formations, soil stability, drainage, a
cumulative impact assessment, and other such data as determined by the director and the
Caliiifornia Regional Water Quality Control Board having jurisdiction.
Section B11-20 Sewer wells; cesspools; seepage pits.
All sewer wells, cesspools, seepage pits, and similar excavations are hereby declared to be a public
nuisance and are prohibited.
Section B11-20.1 Holding tanks.
All holding tanks are hereby declared to be a public nuisance and are prohibited.
(a) Exception to this prohibition may be granted by the director:
(1) If it is necessary to use a holding tank to abate a nuisance or health hazard.
(2) If used in conjunction with a public sanitary sewer where there is an agreement between the
public agency and the property owner for maintenance of the holding tank.
(3) If, in a non residential land use, vital to the public health, safety, or welfare, wherein a
conventional septic tank and drainfield system cannot be approved and a holding tank is determined
by the director to provide the safest and most acceptable method of sewage disposal.
(b) Where exceptions are granted, the director must also approve the tank pumper and maintenance
schedule.
Section B11 -21 Permit and sewage disposal plans; new construction; rebuilding; remodeling.
No person shall construct, build, rebuild, or remodel any residence, place of business, or other
building or place where persons reside, congregate or are employed which is not to be connected to
an approved sanitary sewer without first submitting plans of the sewage disposal system to the
director for approval and obtaining a permit pursuant to this chapter. The permit cannot be
transferred and expires one (1) year after the date of issuance; except that the director, upon a
showing of good cause, may extend the permit for any time not to exceed one (1) additional year.
Failure to obtain a permit from the director is a violation of this chapter.
The director may revoke a permit or approval issued pursuant to this chapter in case of any false
statement, or misrepresentation of fact in the application or on the plans on which the permit or
approval was based.
Section B11-22 Septic tank requirements.
(a) Septic tanks shall be a minimum of fifteen hundred (1,500) gallons with two (2) compartments.
For above average sewage volumes, the director may require a larger tank size to achieve sufficient
holding time for the anticipated sewage load. The first compartment shall be two thirds the total
tank volume. The compartments are to be separated by a baffle or equivatilent arrangement. The
tank dimensions shall be such as to provide maximum settling and treatment.
(b) Septic tanks shall be watertight and constructed of reinforced coniicrete, heavyweight reinforced
concrete blocks, or other materials as approved by the director. All interior surfaces shall be coated
with bitumastic or similar compound to minimize corrosion.
(c) Access to each septic tank compartment shall be provided by a manhole at least twenty (20)
inches in diameter and having a durable handle to facilitate removal:
(d) A riser shall extend from each manhole cover to or above the surface of the ground. The riser
shall be of a size larger than the manhole cover, be both gas and watertight, and be constructed of
durable material.
(e) All connections from building to septic tank shall conform with construction standards as
required by the local building official.
Section B11-23 Solid pipe, joints and connections.
Pipe for sewage disposal systems shall conform to the standards of the most recent edition of the
Uniform Plumbing Code which is adopted by reference into the county's building ordinances. Pipe
diameter shall be four (4) inches. All solid pipe joints and connections shall be glued, cemented, or
made with an elastomeric seal so as to be watertight.
Section B11-23.1 Distribution pipe.
Perforated pipe for distribution systems shall conform to the most recent edition of the Uniform
Plumbing Code which is adopted by reference into the county's building ordinances. Pipe diameter
shall be four (4) inches.
Section B11-24 Subsurface leaching system requirements.
A subsurface leaching system shall consist of trenches two (2) feet in width, a minimum of three (3)
feet and a maximum of eight (8) feet in depth, containing four (4) inch perforated sewage conductor
pipe and filled with washed rock 3/4 to 2 1/2 inches in size. In addition, subsurface leaching
systems are subject to the following requirements:
(a) Trenches shall be placed in undisturbed earth and in an accessible area.
(b) The bottom of a trench shall be level (0 -2 inches maximum slope /100 lineal feet).
(c) Trenches shall not be excavated when the soil is so wet that smearing or compaction occurs.
(d) In clay soils when glazing occurs, the trench surfaces shall be scarified to the depth of the
glazing and the loose material retimoved.
(e) Rock material in the trench shall be washed and free of fines, and shall be covered with
untreated building paper prior to backfilling with natural earth.
(1) The minimum design volume shall be 450 gallons per day for up to a three bedroom
dwelling; for each additional bedroom or potential bedroom, 150 gallons per day shall be added.
(g) Commercial sewage disposal systems shall be sized based on peak flows.
(h) Trench length for each leaching system shall be determined by the following:
of
gallons of effluent sq ft of trench
loading rate (gal /sq ft)
sq ft of trench lineal feet of trench per each half of
4 sq ft/lineal foot dual system
of trench
Maximum Effluent Loading Rates of Soil Absorption Systems
Percolation Rate Loading Rate
min/in* gal /ft2 /day
Less than 1 system prohibited
1to10 0.56
11 to 20 0.45
21 to 30 0.30
31 to 40 0.26
41 to 60 0.23
61 to 120 0.20
greater than 120 system prohibited
*Average stabilized percolation rate
*Regional Water Quality Control Board approval is necessary (Section B11 -5.)
Regardless of the above, each dual leaching system shall be a minimum of two hundred (200) feet.
When sufficient information is available, the director may designate the length of drainfield
required in lieu of a percolaiition test.
Each linear foot of trench equates to four (4) square feet of effective infiltrative surface.
(i) Adjacent trenches on slopes shall be connected with a watertight overflow line in a manner that
allows each trench to be filled with sewage effluent to the depth of the rock before the sewage flows
to the next lower trench.
(j) Trenches shall be constructed in accordance with the following requirements:
Construction Details:
Length of trench by percolation rate
Width of trench, in inches 24
Depth of trench, in feet minimum 3
Depth of trench, in feet maximum 8
Minimum cover over rock, in inches 12
Spacing of trenches, center to center,
in feet minimum 10
Rock under pipe, in inches, minimum 18
1 i, 4
Rock over pipe, in inches 2
Size of rock, in inches 3 /4 -2
Section B11-25 Construction inspections.
A stamped copy of the building plans for the approved sewage disposal system shall be kept
available at the job site during system installation and the system passes final inspection by the
director. Inspections of each new installation shall be made to ensure compliance with all the
requirements of this code. Requests for inspection must be made at least one business day in
advance of the commencement of work. In the event the director deteriimines there has been an
improper installation, a stop work order may be posted on the job site. Before any further work is
done on a posted system, clearance from the director must be obtained.
Section B11-25.1 Posting of maintenance guidelines.
Upon final approval of the system, the director shall provide a card which shall be posted on the
premises showing the date that the system was finalized, system maintenance guidelines, and the
telephone number of Enviiironmental Health Services.
Section B11-26 Slope variances.
No sewage subsurface leaching system shall be constructed on slopes exceeding 20 percent.
Variances to this slope reiiquirement may be granted by the director where the applicant can
demonstrate, through a technical report and a complete engineering installation plan prepared by a
state registered civil engineer, or a state certified engineering geologist, or a state registered
environmental health specialist that use of a subsurface leaching system will not permit sewage
effluent to surface, or will degrade water quality, create a nuisance, affect soil stability, or present a
threat to the public health or safety. The technical report shall include, but not be limited to, soil
percolation rates, contours, soil depth, seasonal ground water elevation(s), location of all existing or
proposed ground cuts, rock formations, soil stability, drainage, and such other data as determined
by the director and the California Regional Water Quality Control Board having jurisdiction.
Section B11-27 Life extending construction.
(a) Major expansion and/or major intensification of use. Where coniistruciition associated with an
existing structure will result in a major expaniision of the structure (greater than 500 cumulative
square feet of all additions) or where such construction will result in a major intensification of the
use of the property, the on -site sewage disposal system shall meet the minimum prevailing sewage
disposal requirements of this code.
(b) Minor expansion. Where construction associated with an existing structure will result in a
minor expansion of the structure (500 cumulative square feet or less of all additions) the director
shall:
(1) Conduct an on -site inspection to determine adequacy and safe functioning of the existing
sewage disposal system.
(2) Require exposure and pumping of the existing septic tank except where the applicant can
document that the tank has been pumped within the last three years; a receipt for service from a
licensed septic tank pumping firm may be considered sufficient documentation.
(3) Determine the location of existing leachlines and identification of area where future
leachline expansion may occur; the septic tank file shall then be updated.
(4) Require improvement and/or expansion of the existing sewage disposal system when, in the
judgement of the director, the system is determined to be inadequate to accept current and /or
projected waste flows. Such determinations are to be made based on size and functioning of the
current system, coupled with slope, soil, hydrological, and related factors. Where inspection results
in a determination that the sewage disposal system is failing, can reasonably be expected to fail or
to contaminate surface or ground waters, the director shall require the replacement or improvement
of the sewage disposal system pursuant to Section B11 -11 of this code.
Where improvement and /or expansion of the sewage disposal system is required, but required
repairs cannot be made, the director shall disallow the application.
(c) Remodeling or repair. Where the existing sewage disposal system does not meet requirements
of this chapter, but is functioning safely and cannot be improved, construction shall be limited to
the remodeling or repair (as defined in the Uniform Building Code) of the existing structure
provided:
(1) The construction will not constitute any expansion or intensifiiication of the use of the
property or structure.
(2) Construction will not result in conversion of uninhabitable area(s) such as a garage, deck,
porch, patio, or similar area(s) to habitable area(s).
For purposes of implementing this section, the term "intensification of use" shall mean a change
which may place an additional demand on the sewage disposal system of a property. The
magnitude of the intensification (major or minor) shall be determined by the director.
The restrictions in this section also apply in the event of accidental or natural damage to a structure,
where no expansion or intensification of use exists.
For purposes of implementing this section, the terms "remodeling" and "repair" are as defined in
the Uniform Building Code which is adopted by reference into the county's building ordinance.
Section BI 1 -28 Abatement.
To the extent possible, failing sewage disposal systems shall be brought into compliance with this
code. In case of any failure, malfunction, or breakdown of any private sewage disposal system, if
not corrected within a time designated by the director, the director may order or cause corrections to
be made and bill the property owner for such costs and may place a lien on the property for such
abatement costs. The director may also order vacation of the premises if no safe manner of
abatement is possible.
B11-29 Abandoned private sewage disposal systems.
Every private sewage disposal system which has been abandoned or has been discontinued from
further use or to which no waste or waste discharge pipe from a plumbing fixture is connected
shall:
(a) Have the sewage removed from, and disposed of, in an approved manner.
(b) Have the tank top and bottom crushed, backfilled, and compacted with material approved by the
director or be removed and disposed of in an approved manner.
Section B11-29.1 Record notice of violation.
The director may record a notice of the existence of a substandard sewage disposal system violation
in the office of the county recorder, and shall notify the owner of the affected real property, and any
other known party responsible for the violation that such action has been taken. This notice/is to
inform all parties that no improvements, including building addictions, can be approved while the
substandard sewage disposal system continues in operation.
Section B11-30 Appeal from denial, revocation, or suspension.
Any appeal to the decision of the director pursuant to this chapter shall be made in writing to the
Regional Water Quality Control Board having jurisdiction within fifteen (15) days after any such
decision is received by the applicant. A copy of such appeal shall also be filed with the director.
The appeal shall specifically describe the grounds upon which it is taken. The decision issued by
the Regional Water Quality Control Board shall be final.
Section B11-31 B11-34 Reserved.
PASSED AND ADOPTED by the Board of Supervisors of the County
of Santa Clara, State of California on 1990
by the following vote:
AYES: Supervisors
NOES: Supervisors
ABSENT: Supervisors
Chairperson
-18 -98 FRI 12:41 MEYERS,NAVE,RIBACK &SILV. FAX NO. 510 351 4481 P.02/07
EAT
ugLIVW ff gA D U0a3A
0' 1? 13777 FRLrI'fVALE AVENUE SARATO(IA, CALIFORNIA 95070 (408) 568 -1200
N4gINDi` cotTNCI. MEMBDRS:
Stan Bogosi2n
Paul f. Jacoos
Gillian Moran
Jim Shaw
Donald L. Woile
MEMORANDUM
TO: City Council DATE: September 18, 1998
City of Saratoga
FROM: City Manager
City Attorney
RE: Recommended Regulations Relating To Septic Systems
And Sewer Laterals
BACKGROUND:
The City Council directed that the City Manager and City Attorney review
and consider options available to the City which would strengthen the City's septic
system regulations and assist in phasing out the use of septic systems in order to
achieve and maintain greater environmental protection through utilization of the
public sewer system.
In preparing this report, the City Attorney has reviewed ordinances of other
cities in Santa Clara County and of the County itself, as well as those of cities outside
Santa Clara County, regarding septic system regulation. The City Manager and City
Attorney have also met with representatives of the County's Department of
Environmental Health and the West Valley Sanitation District.
The County Department of Environmental Health acts as the City's Health
Officer and regulates septic systems within the City. The two sanitary districts, West
Valley Sanitation District and Cupertino Sanitary District maintain the P ublic sewer
system within the City.
Pnn!on on recycirn paper
SEP -18 -98 FRI 12:41 MEYERS, NAVE, RIBACK &S1I.V. FAX NO. 510 351 4481 P.03/01
TO; City Council
FROM: City Manager
City Attorney
RE: Recommended Regulations Relating To Septic Systems And Scwcr Laterals
DATE: September 18, 1998
PACE: 2
After reviewing the ordinances of other jurisdictions and meeting with other
agency representatives, the following have become evident:
In order to thoroughly address the issue of achieving and maintaining
greater environmental protection through utilization of the public sewer
system instead of private septic systems, and the related issue of insuring
overall uniformity and consistency in the standards of sanitary service
within the City, it is important that the condition of the public sewer
system within the City (particularly older portions of the system and
including private laterals to the system) be considered.
In addition to considering regulation, the City should identify incentive
programs currently existing or currently being proposed by other agencies
and consider how best to utilize these programs in Saratoga in order to
encourage persons to connect to the existing public sewer system.
Costs to the private property owner to connect to the public sewer system
may vary widely, according to the distance to an available sewer line and
the differing cost of construction depending upon topography.
After an analysis of the regulations currently in place in Saratoga relating
to septic systems and comparing these to the County regulations, it is
dear that the County regulations are more comprehensive and provide
greater control over septic systems.
RECOMMENDATIONS REGARDING SEPTIC SYSTEM REGULATION:
A. It is recommended that the Council consider the repeal of the City's
current septic system regulatory ordinance and adopt in its place the County's
ordinance, with certain modifications. The reasons for this recommendation are:
The County ordinance contains greater detail concerning the method
of on -site treatment and sewage disposal and more requirements
concerning the method of construction and operation of the septic
SEP -18 -98 FRI 12:42 MEYERS,NAVE,RIBACK &SILV, FAX NO. 510 351 4481 P.04/01
TO: City Council
FROM: City Manager
City Attorney
RE: Recommended Regulations Relating To Septic Systems And Sewer Laterals
DATE: September 18, 1998
PACE: 3
system (e.g., a requirement that there be dual leaching systems and
that they be notated every year). (County Ord., B11 -5)
The County ordinance requires connection to an available public
system whenever a structure is remodeled or increased in square
footage or altered in a manner to create more habitable space.
(County Ord., 13I -S)
The County ordinance provides greater detail in its descriptions of
violations and penalties. (County Ord., B11-9)
The County ordinance requires that a notice of septic system violation
be recorded against the subject property until corrected, in order to
protect prospective purchasers. (County Ord., B11 -29)
B. It is recommended that the Council consider adoption of additional
ordinance regulations to help phase out existing septic systems where feasible and to
assure that those remaining are being operated and maintained in compliance with
current health and sanitation standards. These are:
A requirement that all existing septic tanks be inspected upon re -sale
of the property.
A requirement that all properties with existing septic systems that have
sewer service immediately available' (e.g. located within 200 feet of
the property line) be required to connect to the sewer system
immediately unless the Health Officer has determined that the
continuation of the existing septic system may reasonably be expected
to remain adequate for treatment and disposal of sewage, in which case
Scc West Valley Sanitation District memorandum dated August 17, 1998 attached as Exhibit
A, referencing the number of properties with septic systems where sewer system connection is
immediately available. Cupertino Sanitary District, which covers approximately one -third of the City,
does not have this information readily available.
I SEP -18 -98 FR 112 42 MEYERS, NAVES R I BACK &S I LV, FAX NO. 510 351 4481 P. 05/07
TO: City Council
FROM: City Manager
City Attorney
RED: Recommended Regulations Relating To Septic Systems And Sewer Laterals
DATE: September 18, 1998
PAGE: 4
the owner would be required to execute a written covenant to cause
connection to be made to the sanitary sewer system within five years
(or earlier if the system becomes a public nuisance). The covenant
would be recorded. Alternatively, this requirement could be imposed
upon re -sale of the property.
RECOMMENDATIONS REGARDING EXISTING SEPTIC SYSTEM
ABANDONMENT PROGRAMS
A. Encourage those persons on septic systems where the public sewer system
is readily available, to take advantage of existing programs available through West
Valley Sanitation District and Cupertino Sanitation District, which provide financial
assistance in the form of long -term loans to pay for the connection costs, and [as
proposed by West. Valley) where the District, in effect, acts as "project manager" by
"grouping" several properties together into one project thereby taking advantage of
savings realized through larger projects, advancing payment for the costs of
connection and placing the cost on the tax rolls of the properties to be repaid off over
a period of time. The City may also consider a reduction in any city fees normally
required to be paid as a consequence of such work (c.g. plumbing permit fees) and
expediting permit processing.
B. Engaging in other forms of public outreach and education to encourage
persons to abandon their septic systems and connect to the public sewer systems.
RECOMMENDATIONS REGARDING SEWER SYSTEM AND LATERAL
INSPECTIONS AND REPAIR
Recognizing that many older sewer system main lines and laterals may be in
need of repair or replacement, the West Valley Sanitation District has commissioned
a study to determine areas within the District (including areas of Saratoga) of high
groundwater infiltration (generally indicating possible cracks or breaks in main lines).
This study is scheduled to be completed in September or October.
SEP -18 -98 FRI 12:42 IlEYERS,NAVE,RIBACK &SJLV, FAX NO. 510 351 4481 P.06/07
TO: City Council
FROM: City Manager
City Attorney
RC: Recommended Regulations Relating To Septic Systems And Sewer Laterals
DATE: September 18, 1998
PACE: 5
A -1. It is recommended that the City work cooperatively with the District
to conduct more detailed inspections of identified areas of high infiltration within the
City to determine the extent and exact location of the problems resulting in high
infiltration and the appropriate remedy and timetable. In particular, the City can
request the District test private laterals connecting to the main line to identify those
in need of repair /replacement.
A -2. Upon identification of properties with broken or cracked laterals, the
City may embark upon a program of abatement of the laterals as a public nuisance,
adopt regulations requiring repair of broken or cracked laterals within a specified time
frame or upon the occurrence of certain events (similar to septic system abatement as
discussed above); and/or provide some forms of incentive to property owners to cause
such repairs (again, similar to those incentives provided by West Valley Sanitation
District, as discussed above).
FISCAL IMPACT:
This memorandum does not discuss the potential fiscal impact certain of these
programs may have upon the City. Based upon discussions with representatives of
the County Department of Environmental Health, it appears that that Department's
resources are already stretched thin. For that reason we anticipate that if asked to
take on additional responsibilities (such as inspections and testing) that have not
been anticipated, the County will expect to be compensated.
The City's resources are also stretched thin and the additional responsibilities
that would likely result from implementation of some of these programs may require
personnel that the City does not currently have.
SEP -18 -98 FRI 12:43 NEYERS,NAVE,RIBACK &SILV. FAX NO. 510 351 4481 P.07/07
TO: City Council
FROM: City Manager
City Attomcy
RE: Recommended Regulations Relating To Septic Systems And Sewer Laterals
DATE: September 18, 1998
PAGE: 6
If the Council is interested in pursuing further any of the programs /actions
recommended in this memorandum, staff should he directed to perform an analysis of
the fiscal impacts those programs /actions may have upon the City.
ott5'
'.y GC S
Larry I. Perli Ci Manager Michael S. Riback, City Attorney
MSR :dsp
Attachment
\WPD \MNRS W\ 273\01\MEMO\SEPT9S \SEPTANKS.918
-JEST VALLEY SANITATION DISTRICT MEMORANDUM
DATE: August 17, 1998
TO: Robert R. Reid, District Manager and Engineer
FROM: Jonathan K. Lee, Engineering Manager
SUBJECT: Saratoga Sewer System and Connection Information
In response to Director Moran's request, staff has completed the following report on unconnected properties
in Saratoga.
Sewer System
Saratoga is served by both the district and Cupertino Sanitary Sewer District. The district provides services
to roughly 8,600 properties. Currently, there are 8,069 properties connected to the district's 120 miles of
sewer collection system in Saratoga.
Unconnected Properties
Since 1990, the district has been very active in constructing sewer systems in Saratoga. These sewer
extension projects were constructed under the district's Septic System Abandonment Program (SSAP). The
purpose is to have sewer available to property owners when their septic system fails. The district has
recently completed the El Camino Grande project. The Donna Lane/Nutwood Lane project in the Douglass
Lane area is being advertised for construction bids.
Staff has estimated there are 350 properties on the septic system for sewage disposal that have sewer service
immediately available. This figure includes the 269 properties in the district's frontage inventory. The
remaining 90 properties are having sewer systems installed under either an assessment project or installed by
developers. The majority of these unconnected properties are located in the developed residential areas of
Saratoga away from the downtown area.
Although staff does not have the exact number, it is estimated that approximately 200 properties are currently
on the septic system with no sewer available.
Future Sewer Extension by District
Staff has previously identified the following three neighborhoods that will qualify for the district's SSAP
program:
Farwell Avenue
Maude Avenue
Oriole Road/Valle Vista Drive
It is estimated that the three projects will benefit a total of 24 properties at an estimated cost of $15,000 per
property. The Maude Avenue project and the Farwell Avenue project have been included in the district's
capital improvement program. The Oriole RoadNalle Vista Drive project is still under consideration
because of its need for a force -main system. Staff has not received any service requests from the area
property owners; therefore, there are no plans for any sewer extensions in the immediate future.
It is likely that there are other neighborhoods that need sewer extensions such as the Norton RoadBohlman
Road area. Staff has determined that these areas will not qualify under the district's SSAP program because
of the high construction cost compounded with the slow rate of cost recovery.
SARATOGA CITY COUNCIL
I I
EXECUTIVE SUMMARY NO. j 0 Y0 AGENDA ITEM i
A
MEETING DATE: February 17, 1999 CITY MANAGER
OF
ORIGINATING DEPT: Administrative Services DEPT. HEAD: /2ic/ vvA-
SUBJECT: Fiscal Year Ended June 30, 1998 Comprehensive Annual Financial Report
RECOMMENDED MOTION(S):
Accept the fiscal year ended June 30, 1998 Comprehensive Annual Financial Report.
REPORT SUMMARY:
The Comprehensive Annual Financial Report (CAFR) of the City of Saratoga for the year ended
June 30, 1998, has been prepared and is submitted to the City Council for review and acceptance.
The CAFR is prepared pursuant to applicable federal, state and local statutes, which require that the
City of Saratoga issue annually a report on its financial position and activity, and that this report be
audited by an independent firm of certified public accountants. Responsibilities for both the
accuracy of the data and the completeness and fairness of the presentation, including all disclosures,
rests with the City. The enclosed data are accurate in all material respects and are reported in a
manner that presents fairly the financial position and results of operations of the various funds,
account groups and component units of the City of Saratoga.
Maze Associates, the City's auditing firm, has completed its audit for the year ended June 30,
1998, and has issued its report on the City of Saratoga Comprehensive Annual Financial Report.
The report contains an unqualified opinion, which is the highest level of assurance given. Their
work is limited to opining on the fairness of presentation of the statements.
FORMAT OF THE FINANCIAL REPORT:
The CAFR is presented in three sections: introductory, financial and statistical. The introductory
section, which is unaudited, includes this letter of transmittal, a list of the City of Saratoga's elected
officials and administrative personnel, an organization chart and certificate of award for financial
reporting. The financial section includes the independent auditor's report on the financial
statements and schedules, general purpose financial statements (combined statements), notes to the
financial statements, and combining and account group financial statements and schedules. The
statistical section, which is unaudited, includes selected financial and demographic information,
generally presented on a multi -year basis.
ECONOMIC CONDITION AND OUTLOOK:
Since the repeal of the Utility Users Tax in late 1996, the assessed valuation of residential and
commercial property has grown, offsetting the lost "no -low" property Tax Equity Allocation
revenues by approximately $415,000, resulting in a decline in overall property tax revenues smaller
than anticipated over the past two years. Service charges were increased by a projected $69,000 to
achieve greater cost recovery from development activities and recreation services. The net effect of
these ongoing revenue adjustments reduced the General Fund revenue loss to about $799,000.
To control expenditures, the City Council approved a major reorganization of the City's workforce
beginning July 1, 1997. This was accomplished by consolidating the number of operating
departments from five to four, and shrinking the overall staffing level from 54.75 full -time
equivalent employees (FTE) to 49.40 FTE's, a 10% reduction. Under the reorganization, personnel
related expenditures were cut by nearly $500,000 per year.
Saratoga continues to support policies and practices intended to maintain the City's financial
integrity. For example, a $2 million General Fund balance is maintained, as well as a $300,000
unspecified General Fund revenue reduction and a $200,000 contingency appropriation. The budget
is built upon a conservative set of assumptions for annual revenue growth and does not assume that
any potential one -time revenue sources will materialize if not committed or guaranteed to the City.
It appears that the these decisions resulted in the City successfully meeting the financial challenges
it faced. The City ended the year in stable financial condition, and is able to continue delivering
high quality basic municipal services more efficiently than before.
FINANCIAL SUMMARY:
Revenues:
The following schedule presents a summary of general fund, special revenue funds, capital projects
funds and debt service funds revenues for the year ended June 30, 1998.
Increase
Total of (Decrease)
Revenues FY 1997 -98 Total from
FY 1996 -97
Property taxes $1,733,392 14% $(479,001)
Special assessments 102,164 1 19,063
Utility users taxes 0 0 (312,464)
Other local taxes 2,202,826 17 90,465
Intergovernmental -State 2,058,304 16 195,407
Intergovernmental Federal 400,307 3 (54,114)
Franchise fees 772,258 6 87,175
Use of money and property 731,751 6 (249,977)
Current service charges 3,484,126 27 (304,513)
Reimbursement of interfund cost allocations 1,341,340 10 713,146
Total revenues and transfers $12,826,468 100% $(294,813)
CAFRCouncil 2
Other than interfund cost allocations, the largest revenue increase was in intergovernmental state
revenues resulting from higher motor vehicle license fee revenues. Other local taxes increased
primarily as a result of sales tax revenues.
Property taxes decreased significantly due to the loss of the "no -low" property Tax Equity
Allocation from Santa Clara County that was tied to the repeal of the local utility user's tax. The
decrease was originally estimated to be another $400,000 greater than the actual loss suffered
during this fiscal year, were it not for a final Tax Equity Allocation payment received from Santa
Clara County which was originally disputed by the County, but subsequently agreed to.
The use of money and property appears to have decreased during the year, but was actually a result
of the Hakone Foundation loan restructuring which caused the loan to be reported in the previous
year as a one -time revenue. Current service charge revenues are actually comparable to the
previous year, but appears to decrease because of the one -time park development fees received in
the previous year from the Bellgrove development on Saratoga Avenue.
The reimbursement to the General Fund for interfund cost allocations increased by about $713,000,
primarily due to the change in the fund grouping for portions of Public Works Services and
Community Services. In the previous fiscal year, these functions were part of the General Fund,
and therefore the interfund reimbursement for cost allocation was not reflected. In fiscal year 1997-
98, these functions were accounted for in separate funds, thereby allowing the General Fund to be
reimbursed for central service costs allocated to these functions.
Expenditures:
The schedule below summarizes general fund, special revenue funds, capital projects funds and
debt service funds expenditures for the year ended June 30, 1998.
Increase
Total of (Decrease) from
Expenditures FY 1997 -98 Total FY 1996 -97
Current:
Public safety $2,676,495 21% 5,911)
Environmental services 2,021,757 16 (62,650)
Public works services 2,506,714 20 (913,520)
Community services 1,217,515 10 50,502
Community support 208,594 2 (137,481)
General and inter governmental services 1,074,696 8 794,959
Capital outlay 879,893 7 332,091
Debt Service:
Principal 75,000 0.6 (85,000)
Payment to escrow agent 1,975,511 15 1,975,511
Interest 40,081 0.4 (108,266)
0
Total expenditures and transfers $12,676,256 100% $1,840,235
CAFRCouncil 3
Public works services expenditures has decreased for a number of reasons: the less expensive slurry
seal phase of the City's pavement management program was completed this year rather than the
overlay phase which is performed in alternating years, resulting in about $300,000 in reduced costs;
the maintenance of Hakone Gardens, previously recorded on the City's books at approximately
$250,000, is now carried by the Hakone Foundation; and other Public Works Services such as
Flood Control and Medians/Parkways experienced significant savings.
General and intergovernmental services expenditures are consistent with the previous year, but
appears to increase, again because of the change in the fund grouping for portions of Public Works
Services and Community Services, resulting in reduced interfund cost allocation transfers which
offset the net cost for this function.
The increase in capital outlay was due to the large Hillside street repairs made during the year.
During the fiscal year, the City defeased its 1992 Certificates of Participation issue by placing
$1,975,511 in an irrevocable trust to pay all remaining principal and interest due on the debt.
As discussed above, operating transfers were more than $1.4 million higher than the previous year
as a result of the change in accounting for Public Works Services and the Hillside Street repairs.
General Fund Balance:
The fund balance of the General Fund increased by $854,146 to $5,847,373 during the fiscal year.
As previously discussed, this was attributable to several factors, including higher than anticipated
Tax Equity Allocation revenues from Santa Clara County, motor vehicle in lieu fees, and interest
income. Expenditures were also lower than originally anticipated from savings throughout the
City's General Fund programs.
FISCAL IMPACTS:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
None.
FOLLOW UP ACTIONS:
Accept and file the report. Distribute reports to interested parties.
P P p p
ATTACHMENTS:
Comprehensive Annual Financial Report for fiscal year ended June 30, 1998.
CAFRCouncil 4
SARATOGA CITY COUNCIL
EXECUTIVE SUMMARY NO. 3101 AGENDA ITEM 8
MEETING DATE: FEBRUARY 17, 1999 CITY MANAGER: a i.
ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD:
SUBJECT: Landscaping Lighting Assessment District LLA -1; Resolutions initiating
renewal of the District for FY 99 -00
RECOMMENDED MOTION(S):
1. Move to adopt the Resolution describing improvements and directing preparation of the
Engineer's Report.
2. Move to adopt the Resolution appointing the Attorney's for the District.
REPORT SUMMARY:
Attached are two Resolutions the City Council must adopt to initiate the annual process of
renewing the Landscaping Lighting Assessment District LLA -1 for the upcoming fiscal year
beginning on July 1. A brief summary of each Resolution is as follows:
1. Resolution describing improvements and directing preparation of h
g p p the Engineer's
Report This is the Resolution required under Streets Highways Code Section 22622 to
initiate the annual renewal process for the existing assessment district for the ensuing fiscal
year. The Resolution references the improvements proposed to be provided by the district
(Exhibit A), and directs the preparation of the Engineer's Report required under S &H Code
Section 22565.
2. Resolution appointing Attorneys This Resolution appoints the City Attorney's office as
the attorneys for the District throughout the renewal process, and limits their fees in
connection with this work to $500.
Again this year, the provisions of SB 919 (The Proposition 218 Omnibus Implementation Act)
adopted by the State legislature in 1997, (Chapter 38, Stats. 1997), and which became effective
on July 1, 1997, will be implemented during the renewal process. Procedurally this means that
assessment ballots will be mailed to those property owners within the District whose initial
proposed assessments are either 1) higher than in any previous year and who have not previously
voted on their assessments, or 2) higher than what was authorized via balloting conducted in a
previous year. As in previous years, ballots will be separately tabulated at the close of the Protest
Hearing for each Zone that may be voting. Only those ballots returned by the close of the Protest
Hearing will count towards determining whether a majority protest exists.
The following sets forth the tentative schedule for renewing the District for FY 99 -00:
February 17 Council adopts Resolutions directing preparation of Engineer's Report and
appointing Attorneys.
April 7 Council receives Engineer's Report. Council adopts Resolution of
Intention preliminarily approving Engineer's Report and assessments and
setting date and time for Protest Hearing.
April 9 Notices with Proposition 218 ballots mailed to property owners.
April 21 Notice of Protest Hearing published in Saratoga News.
April 28 Notice of Protest Hearing published in Saratoga News.
June 2 Council conducts Protest Hearing per Gov't. Code Sec. 53753. Ballots are
tabulated at the close of the Hearing. If appropriate, Council adopts
Resolution confirming assessments for FY 99 -00.
June 16 Backup date if needed.
August 10 Deadline for Engineer to transmit Assessment Roll to County Auditor.
FISCAL IMPACTS:
All of the costs associated with administering the Landscaping Lighting Assessment District are
recovered via the assessments levied against the properties which receive special benefit from the
services provided through the District. The LL &A District has no impact on the City's General
Fund. A detailed analysis of the proposed financing for the District in FY 99 -00 will be provided
in the Engineer's Report.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional at this time. Eventually, notices and ballots will be mailed to certain property
owners as required by law. Additionally, notices will be published in the Saratoga News as
required.
CONSEQUENCES OF NOT ACTING ON RECOMMENDED MOTION(S):
One or both of the Resolutions would not be adopted. This would delay initiating the process to
renew the District for FY 99 -00.
FOLLOW UP ACTIONS:
Work on the Engineer's Report will begin.
ATTACHMENTS:
1. Resolution describing improvements and directing preparation of the Engineer's Report.
2. Resolution appointing Attorneys.
RESOLUTION NO. 99-
A RESOLUTION DESCRIBING IMPROVEMENTS AND
DIRECTING PREPARATION OF ENGINEER'S REPORT
FOR FISCAL YEAR 1999 -2000
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA -1
RESOLVED, by the City Council of the City of Saratoga, California, as follows:
1. The City Council did, pursuant to the provisions of the Landscaping and Lighting
Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California,
conduct proceedings for the formation of the City of Saratoga Landscaping and Lighting
Assessment District LLA -1 and for the levy and collection of assessments for fiscal year 1980
1981, and did, on June 18, 1980, pursuant to proceedings duly had, adopt its Resolution No. 950
D, a Resolution Overruling Protests and Ordering the Formation of an Assessment District and
the Improvements and Confirming the Diagram and Assessments;
2. The public interest, convenience and necessity require, and it is the intention of
said Council to undertake proceedings for the levy and collection of assessments upon the several
lots or parcels of land in said District, for the construction or installation of improvements,
including the maintenance or servicing, or both, thereof, for the fiscal year 1999 2000.
3. The improvements to be constructed or installed, including the maintenance or
servicing, or both, thereof, are more particularly described in Exhibit "A" hereto attached and by
reference incorporated herein.
4. The costs and expenses of said improvements, including the maintenance or
servicing, or both, thereof, are to be made chargeable upon said District, the exterior boundaries
of which District are the composite and consolidated area as more particularly shown on a map
thereof on file in the office of the Clerk of the City of Saratoga to which reference is hereby made
for further particulars. Said map indicates by a boundary line the extent of the territory included
in said District and of any zone thereof and shall govern for all details as to the extent of the
assessment district.
5. The Engineer of said City be, and is hereby, directed to prepare and file with said
Clerk a report, in writing, referring to the assessment district by its distinctive designation,
specifying the fiscal year to which the report applies, and, with respect to that year, presenting the
following:
1
a) plans and specification of the existing improvements and for proposed new
improvements, if any, to be made within the assessment district or within
any zone thereof,
b) an estimate of the costs of said proposed new improvements, if any, to be
made, the costs of maintenance or servicing, or both, thereof, and of any
existing improvements, together with the incidental expenses in connection
therewith;
c) a diagram showing the exterior boundaries of the assessment district and of
any zones within said district and the lines and dimensions of each lot or
parcel of land within the district as such lot or parcel of land is shown on
the County Assessor's map for the fiscal year to which the report applies,
each of which lots or parcels of land shall be identified by a distinctive
number or letter on said diagram; and
d) a proposed assessment of the total amount of the estimated costs and
expenses of the proposed new improvements, including the maintenance or
servicing, or both, thereof, and of any existing improvements upon the
several lots or parcels of land in said district in proportion to the estimated
particular and distinct benefits to be received by each of such lots or
parcels of land, respectively, from said improvements, including the
maintenance or servicing, or both, thereof, and of the expenses incidental
thereto.
6. The Office of the Engineer of said City be, and is hereby, designated as the office
to answer inquiries regarding any protest proceedings to be had herein, and may be contacted
during regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070
or by calling (408) 868 -1244.
Passed and adopted by the City Council of the City of Saratoga, California, at a meeting
thereof held on the day of 1999, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
2
Mayor
Attest:
City Clerk
3
Exhibit A
DESCRIPTION OF IMPROVEMENTS
The design, construction or installation, including the maintenance or
servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other
ornamental vegetation, statuary, fountains and other ornamental structures and
facilities, and public lighting facilities for the lighting of any public places, including
traffic signals, ornamental standards, luminaires, poles, supports, tunnels, manholes,
vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers,
insulators, contacts, switches, capacitors, meters, communication circuits, appliances,
attachments and appurtenances, including the cost of repair, removal or replacement
of all or any part thereof; providing for the life, growth, health and beauty of
landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and
treating for disease or injury; the removal of trimmings, rubbish, debris and other
solid waste; electric current or energy, gas or other illuminating agent for any public
lighting facilities or for the lighting or operation of any other improvements; and the
operation of any fountains or the maintenance of any other improvements.
-r
MSR:dsp
March 28, 1997
J AWPDAMNRSW1273\RES9TEXA -L A97
Supplement to Exhibit A
City of Saratoga
Landscaping and Lighting Assessment District LLA -1
Special Benefits provided to each Zone
Zone 1 (Manor Drive Landscape District) Provides for landscape maintenance of
the Manor Drive medians and Saratoga Sunnyvale Road frontage along Tract 3822.
Zone 2 (Fredericksburg Landscape District) Provides for landscape maintenance
along the Cox Avenue frontage of Tracts 3777, 4041, and 4042.
Zone 3 (Greenbriar Landscape District) Provides for landscape maintenance of
the Seagull Way entrance to Tract 4628, 4725 and 4726, and of the common areas
along Goleta Avenue and Guava Court.
Zone 4 (Quito Lighting District) Provides for streetlighting and landscape
maintenance in the El Quito Park residential neighborhoods; Tracts 669, 708, 748,
6785, 7833, and 8700.
Zone 5 Azule Lighting District) Provides for streetlighting in the Azule Crossing
residential neighborhoods: Tracts 184, 485, 787, 1111 and 1800.
Zone 6 Sarahills Lighting District) Provides for streetlighting in the Sarahills
residential neighborhood; Tracts 3392 and 3439.
Zone 7 (Village Residential Lighting District) Provides for streetlighting in four
separate residential neighborhoods surrounding Saratoga Village. Includes all or a
portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2,
McCartysville, Saratoga Park, Williams and Tracts 270, 336, 416, 2399, 2502,
4477, 5350, 5377, 5503, 5676, 6419 and 6731.
Zone 9 (McCartysville Landscape District) Provides for landscape maintenance
along the Saratoga Sunnyvale Road frontage of Tract 5944.
Zone 10 (Tricia Woods Landscape District) Provides for landscape maintenance
along the Saratoga Sunnyvale Road frontage of Tracts 6199, 7495 and 7928.
Shared with Zone 27.
Zone 11 (Arroyo de Saratoga Landscape District) Provides for landscape
maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835,
2844, 3036 and 4344.
Zone 12 Leutar Court Landscape District) Provides for landscape maintenance
of the Leutar Court frontage in Tract 6996.
Zone 15 (Bonnet Way Landscape District) Provides for monthly landscape
maintenance along Bonnet Way; Tract 5462.
Zone 16 (Beauchamps Landscape District) Provides for landscaping and lighting
of the Prospect Road entrance to the Beauchamps subdivision; Tract 7763.
Zone 17 (Sunland Park Landscape District) Provides for landscape maintenance
along the Quito Road frontage of Tracts 976 and 977.
Zone 22 (Prides Crossing Landscape District) Provides for periodic landscape
maintenance along Prospect Road between the Route 85 overcrossing and Titus
Avenue and along Cox Avenue between the Route 85 overcrossing and Saratoga
Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga
Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644,
1695, 1727, 1 938 and 1996).
Zone 24 (Village Commercial Landscape and Lighting District) Provides for
routine maintenance of Village Parking Districts 1 -4, Big Basin Way landscaping
and street lighting.
Zone 25 (Saratoga Legends Landscape District) Provides for landscape
maintenance along the Saratoga Sunnyvale Road frontage, and pedestrian
pathways within Tract 8896.
Zone 26 (Bellgrove Landscape and Lighting District) Provides for common area
landscape maintenance and lighting associated with Tract 8700.
Zone 27 (Cunningham Place /Glasgow Court Landscape District) See description
for Zone 10.
Zone 28 (Kerwin Ranch Landscape District) Provides for landscape maintenance
along the Fruitvale and Saratoga Ayes. Frontages of Tracts 8559 and 8560.
Zone 29 (Tollgate Landscape and Lighting District) Provides for maintenance of
the common area landscape and lighting improvements along Tollgate Road at the
entrance to Tracts 3946 and 5001.
y C
RESOLUTION NO. 99-
A RESOLUTION APPOINTING ATTORNEYS
FOR FISCAL YEAR 1999 2000
CITY OF SARATOGA LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT LLA -1
RESOLVED, by the City Council of the City of Saratoga, California, that
WHEREAS, the City Council has determined to undertake proceedings for the levy and
collection of assessments upon the parcels of land in the City of Saratoga Landscaping and
Lighting Assessment District LLA -1 pursuant to the Landscaping and Lighting Act of 1972 for
the construction or installation of improvements, including the maintenance or servicing, or both,
thereof for the fiscal year 1999 2000; and
WHEREAS, the public interest and general welfare will be served by appointing and
employing attorneys for the preparation and conduct of said proceedings;
NOW, THEREFORE, IT IS ORDERED, as follows:
1. That the law firm of Meyers, Nave, Riback, Silver Wilson be, and it is hereby
appointed and employed to do and perform all legal services required in the conduct of said
proceedings, and that its compensation be, and it hereby is fixed at not to exceed $500.00.
Passed and adopted by the City Council of the City of Saratoga, California at a meeting
thereof held on the day of 1999, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
Attest:
City Clerk