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REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
August 28, 2009)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Commendation Honoring the Saratoga News and Staff
Recommended action:
Present commendation.
2. Appointment of Eleven Youth Commissioners and Oath of Office
Recommended action:
Adopt the attached resolution appointing eleven (11) members to the Youth
Commission and direct the City Clerk to administer the Oath of Office
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, September 2, 2009
1
SPECIAL PRESENTATIONS
3. Video Presentation on El Camino Hospital
Recommended action:
Listen to and view a short video presentation from Ken Graham, CEO of El Camino
Hospital.
4. Census 2010 Presentation
Recommended action:
Information Only
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
5. City Council Minutes - July 15, 2009
Recommended action:
Approve minutes.
6. City Council Minutes – Special Meeting – July 30, 2009
Recommended action:
Approve minutes.
7. Review of Accounts Payable Check Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
July 09, 2009 (P13 & P1)
July 16, 2009 (P13 & P1)
July 23, 2009 (P13 & P1)
July 30, 2009 (None)
8. Review of Accounts Payable Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
August 06, 2009 (P13 & P1)
August 14, 2009 (P13)
August 19, 2009 (P13 & P1)
August 24, 2009 (P13 & P1)
9. Offer to Dedicate Trail Easement
Recommended action:
1. Approve Offer to Dedicate Trail Easement on the property located at 22461
Mount Eden Road (APN 503-80-001).
2. Adopt Resolution Accepting Offer to Dedicate Trail Easement.
10. Review of the Parker Ranch Homeowners Association CC&R’s
Recommended action:
2
Authorize the City Manager to sign the revised Parker Ranch Homeowners
Association CC&Rs indicating the City’s consent to the revisions.
11. Annual Approval of the City's Investment Policy for Fiscal Year 2009/10
Recommended action:
For the City Council to review and approve the Investment Policy for FY 2009/10
12. Proposed ordinance amending the City Code to revise the requirements for park
dedication and fees and technical amendments to the City’s code provisions to
conform with state law.
Recommended action:
Adopt ordinance.
13. Budget Adjustment - Landscape and Lighting Zone 3 (Greenbriar)
Recommended action:
Approve budget resolution
PUBLIC HEARINGS
14. Consider approval of amendments to the Non-Conforming Uses and Structures
Ordinance that would, among other provisions, (1) Clarify procedures for repairs and
alterations of nonconforming uses and/or structures; (2) Require Planning
Commission approval of “major” repairs and alterations; (3) Apply different
standards if the work to be performed on a nonconforming structure is the result of
voluntary destruction (tear down) as opposed to involuntary destruction (caused by
fire or other catastrophe); (4) Allow rebuilding a residential structure in the CH
zoning district if the project meets certain criteria; (5) Establish regulations for
properties annexed to the City; and (6) Conform the Non-Conforming Ordinance to
City Code Sections 15-19.060, 15-12.090 and 15-17.080.
Recommended action:
Staff recommends the City Council open the public hearing, accept public testimony,
close the public hearing, introduce and waive the first reading of the Non-Conforming
Uses and Structures Ordinance (City Code Article 15-65) amendments, and direct
staff to schedule the Ordinance for adoption on the consent calendar at the next
regularly scheduled City Council meeting.
15. Ordinance amending various sections of the City Code pertaining to land use. The
amendments would clarify existing provisions regarding Health and Sanitation,
Subdivisions, Zoning Regulations, and Building Regulations and would adopt new
provisions requiring Story Poles and setting Green Building standards.
Recommended action:
Open and conduct the public hearing, introduce the ordinance, waive the first reading,
and schedule the item for a second reading and adoption on consent calendar at the
next regular City Council meeting.
16. Proposed increase in dog and cat licensing fees
Recommended action:
1. Open the public hearing, consider testimony received, and close the public
hearing.
2. Adopt the resolution increasing dog and cat licensing fees to be the same as those
charged by the City of San José.
3
OLD BUSINESS
17. Finance Commission Discussion
Recommended action:
Review report and direct staff accordingly
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
Hakone Foundation Executive Committee
Peninsula Division, League of California Cities
SSC Cities Association Board
SCC Cities Association Selection Committee
Valley Transportation Authority PAC
West Valley Sanitation District
West Valley Mayors and Managers Association
Council Finance Committee
City School Ad-Hoc
Vice Mayor Kathleen King
Hakone Foundation Board
West Valley Flood Control Zone & Watershed Advisory Committee
SSC Cities Association Executive Board
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC)
City School Ad-Hoc
Councilmember Jill Hunter
Historical Foundation
Library Joint Powers Association
Santa Clara County Valley Water District Commission
Village AdHoc
Councilmember Howard Miller
Chamber of Commerce
KSAR
Santa Clara County Emergency Council
West Valley Solid Waste Joint Powers Association
Council Finance Standing Committee
Councilmember Susie Nagpal
ABAG
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
County HCD Policy Committee
SASCC
Sister City Liaison
Village AdHoc
4
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the Community Development Department Director at 13777 Fruitvale Avenue,
Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently
with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any
materials distributed by staff after the posting of the agenda are made available for public review
at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on August 28, 2009,
at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 28th day of August 2009 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
5
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
9/2 Regular Meeting – Joint Meeting with Parks and Recreation Commission
9/8 Joint Meeting – Saratoga/Monte Sereno Community Foundation
9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees
10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission
10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage
Preservation Commission
11/4 Regular Meeting – Saratoga Ministerial Association
11/18 Regular Meeting – Joint Meeting with Hakone Foundation
12/1 Council Reorganization
12/2 Regular Meeting -
12/16 Regular Meeting -
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2009
6
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation Honoring the Saratoga News and Staff
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached commendation honors the Saratoga News and staff for their many years of service
and dedication to the Community of Saratoga.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Copy of the commendation.
7
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
SILICON VALLEY COMMUNITY NEWSPAPERS
SARATOGA NEWS
WHEREAS, the Saratoga News was founded in 1955 by Sherman Miller; who
operated the paper for 18 years; and
WHEREAS, the newspaper was sold in 1973 to the Cupertino-based Suburban
Newspaper Publishers Association group; and
WHEREAS, the chain was acquired in 1978 by the Meredith Corporation, along with
its sister publication – the Los Gatos Times Observer; and
WHEREAS, the Metro Newspapers bought the Saratoga News in 1990 and David
Cohen, co-founder of Metro, purchased the Saratoga News in 2001 along with a number of
other weekly newspapers to form Silicon Valley Community Newspapers; and
WHEREAS, in the summer of 2006, the Saratoga News, along with SVCN, became
a part of MediaNews, its current ownership company; and
WHEREAS, following the original sale of the Saratoga News in 1973, editors
through the years have included Sue Lick, the late Carolyn Leal, Dale Bryant and Dick
Sparrer; and
WHEREAS, Dale Bryant, who grew up in Saratoga, took over the editorship in
1997; and in 1999 the newspaper won a state award for all-around excellence; and
WHEREAS, in 2002 Dick Sparrer assumed the role as editor of the Saratoga News.
Mr. Sparrer first wrote for the Saratoga News back in the late 1960’s when he submitted sports
stories to Mr. Miller. Later, after the Saratoga News was purchased by the Suburban group in
1973, he became the newspaper’s sports editor and remained in that role until 1986. He
returned as the sports editor in 1990 and took over the dual role of editor/sports editor. Along
with Mr. Sparrer, the current staff of the Saratoga News includes reporter Brian Babcock,
features editor Shannon Burkey, and photographer George Sakkestad; and
WHEREAS, throughout all the staffing and editor changes over the years, the Saratoga
News has continued to provide outstanding news coverage regarding the residents of Saratoga,
the community, and community events.
WHEREAS, in 2008, the Saratoga News won a state award for its sports coverage and
a Bay Area award for general excellence.
NOW THEREFORE BE IT RESOLVED, the City Council of the City of Saratoga does
hereby proclaim and recognize each and every one of the staff members of the Saratoga
News as an outstanding group of professionals serving the residents of the Saratoga
community on a daily basis.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 2nd
day of September 2009.
_________________________
Chuck Page, Mayor
City of Saratoga
8
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR:
SUBJECT: Appointment of Eleven Youth Commissioners and Oath of Office
RECOMMENDED ACTION:
Adopt the attached resolution appointing eleven (11) members to the Youth Commission and
direct the City Clerk to administer the Oath of Office.
REPORT SUMMARY:
The City Council recently conducted interviews to fill nine (9) vacancies on the Youth
Commission resulting from expired terms of Sangita Annamalai, Jacob Baker, Justin El-Diwany,
Sameer Kausar, Cory Rateau, Kayvon Rezaii, Lauren Tang, Tiffany Tseng, and Cynthia Zhao.
Council created two additional new commission positions and re-appointed Jacob Baker and
Lauren Tang to the Youth Commission.
Upon direction from the City Council the Oath of Office will be administered by the City Clerk
and signed by the new Commissioners.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Appointments will not be made to the Youth Commission.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Update City’s Official Roster.
9
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment – Resolution of Appointment
Attachments – Oath of Office (11)
10
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING NINE NEW MEMBERS AND THE REAPPOINTMENT OF TWO
MEMBERS TO THE YOUTH COMMISSION
WHEREAS, nine vacancies were created on the Youth Commission resulting from the expired
terms of Sangita Annamalai, Jacob Baker, Justin El-Diwany, Sameer Kausar, Cory Rateau, Kayvon
Rezaii, Lauren Tang, Tiffany Tseng; and Cynthia Zhao; and
WHEREAS, Commissioners Jacob Baker and Lauren Tang were eligible for re-appointment; and
WHEREAS, Council created three new Youth Commissioner positions on June 3, 2009; and
WHEREAS, a notice of vacancy was posted, applications were received, interviews have been
conducted, and it is now appropriate to fill the vacancies.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following
appointments were made for terms expiring;
Jacob Baker (reappointment) 07/2010
Lauren Tang (reappointment) 07/2010
Troy Estes 07/2011
Vishal Goel 07/2011
Lauren Kuan 07/2011
Natasha Morgan-Witts 07/2011
Kevin Mu 07/2011
Priyanka Nookla 07/2011
Ramiz Sheikh 07/2011
Sarah Tang 07/2011
Ali Wilson 07/2011
The above and foregoing resolution was passed and adopted at a Regular meeting of the Saratoga City
Council held on the 2nd day of September 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
____________________________
Ann Sullivan, City Clerk
11
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Jacob Baker
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
12
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Lauren Tang
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
13
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Troy Estes
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
14
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Vishal Goel
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
15
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Lauren Kuan
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
16
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Natasha Morgan-Witts
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
17
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Kvin Mu
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
18
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Priyanka Nookla
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
19
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Ramiz Sheikh
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
20
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Sarah Tang
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
21
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
I do solemnly swear (or affirm) that I will support and defend the Constitution of the
United States and the Constitution of the State of California against all enemies,
foreign and domestic; that I will bear true faith and allegiance to the Constitution of
the United States and the Constitution of the State of California; that I take this
obligation freely, without any mental reservation or purpose of evasion; and that I
will faithfully discharge the duties upon which I am about to enter.
__________________________
Ali Wilson
Commissioner
Subscribed and sworn to before me on
This 2nd day of September 2009.
__________________________
Ann Sullivan, CMC
City Clerk
22
1
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Video Presentation on El Camino Hospital
RECOMMENDED ACTION:
Listen to and view a short video presentation from Ken Graham, CEO of El Camino Hospital.
REPORT SUMMARY:
Mr. Graham will provide a presentation on the newly remodeled El Camino Hospital in Los Gatos
that reopened in mid-July after extensive facilities renovations.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
None
23
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Census 2010 Presentation
RECOMMENDED ACTION:
Information Only
REPORT SUMMARY:
As part of the County of Santa Clara and the United States Census Bureau’s public outreach and
education campaign to make the general public aware of the upcoming 2010 census, the City of
Saratoga has invited representatives from both agencies to provide census information to the City
Council. The presenters will include both Melissa Erickson, the Census 2010 Project Manager for
Santa Clara County, and Vince Khana, Partnership Specialist for the U.S. Census Bureau.
Background
The United States Constitution requires a national census once every 10 years. The census is a
count of everyone residing in the United States as of April 1, 2010 (Census Day). This includes
people of all ages, races, ethnic groups, both citizens and non-citizens.
Every year, more than $300 billion in federal funds is awarded to states and communities based on
census data. That is more than $3 Trillion over a ten year period.
The 2010 Census questionnaire will ask 10 questions – including, name, relationships, phone
number, gender, age, date of birth, race, and whether the person owns or rents his or her home.
All information provided on the questionnaire is confidential and the Census Bureau is prohibited
by Federal Law from sharing individual responses with any person or agency, including welfare
and immigration agencies. The questionnaire is designed to take just a few minutes to complete
and return by mail.
A primary goal of the Census Bureau is to minimize undercount. Census questionnaires will be
mailed to households in March 2010. If a questionnaire is not returned than a household will
receive a follow-up questionnaire in early April 2010. In mid April 2010 – July 2010, Census
workers will begin to visit households that did return the questionnaire by mail.
FISCAL IMPACTS:
24
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of Agenda
ATTACHMENTS:
None
25
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes - July 15, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for July 15, 2009 City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from July 15, 2009 City Council meeting.
26
MINUTES
SARATOGA CITY COUNCIL
JULY 15, 2009
The City Council of the City of Saratoga met in Closed Session in the Administrative
Conference Room at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Initiation of Litigation: Government Code 54956.9 (c)
(2 potential cases)
Conference with Legal Counsel – Anticipated Litigation: Government Code 54956.9 (b)
(1 potential case)
Public Employee Performance Evaluation – Government Code 54957) Title: City
Attorney
MAYOR’S REPORT ON CLOSED SESSION
Mayor Page stated there was no reportable information
City Council held a Joint Meeting with members of the Saratoga Area Senior Center
Council in the Administrative Conference Room at 6:00 p.m.
Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice
Mayor Kathleen King, Mayor Chuck Page
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
John Livingstone, Community Development Director
Jana Rinaldi, Code Enforcement Official
Rinah Shah, Intern Planner
Curtis Boone, Records Management Intern
27
2
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of July 15, 2009, was properly posted on July 9, 2009.
ORAL COMMUNICATIONS
Pat Wolfram, Chief Operating Officer at El Camino Hospital, provided the Council with
a short purview of the new El Camino Hospital noting the new features and services. She
stated El Camino Hospital is a not-for-profit hospital; all monies go back into the hospital
for growth and improvement of services; there are over 500 beds; there is a Community
Health Library on the campus; and volunteers are always welcome to join the auxiliary.
Citizen Ray addressed the Council regarding the operating budget for Los Gatos versus
the City of Saratoga. He also expressed his appreciation for the removal of dead pines on
Mendelson and Highway 9; and noted officials at the Lehigh Cement Plant in Cupertino
are addressing the air quality concerns voiced by neighbors of the cement plant.
DIRECTION TO STAFF
Vice Mayor King suggested Pat Wolfram submit the El Camino Hospital data to the
Saratoga News.
Mayor Page thanked Ms. Wolfram for coming and for presenting the update on the new
hospital.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
The Council held a Joint Meeting in the Administrative Conference Room at 6:00PM
with members of the Saratoga Area Senior Center Council (SASCC).
SASCC Director Susan Huff introduced the new president – Dick Angus and proceeded
to provide a short report on the joint meeting noting that they are increasing all programs
and encouraged Saratoga area people to become members. Director Huff announced that
SASCC has introduced ball room dancing, line dancing, and health workshops. On
August 12th they will be starting Bingo each Wednesday at 1:45 in the Saunders Room;
the cost will be $1.00 per card or $10.00 for seven cards. She also announced SASCC
will be holding a “parking lot sale” in the SASCC parking lot on August 8, 2009, in
conjunction with the city-wide garage sale. She concluded by noting staff and members
are working on the annual High Tea event, which may be held in August.
DIRECTION TO STAFF
None
ANNOUNCEMENTS
Councilmember Hunter announced the July 18 “Saratoga Swings” dance from 5:00 p.m.
to 8:00 p.m. in the Bank of America parking lot; and the “Saratoga Swings Bolleywood”
dance in the Village on August 1st.
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Councilmember Miller noted the grand re-opening of Kevin Moran Park will begin with
a ribbon cutting ceremony on Friday, July 17 and the Saratoga Chamber of Commerce is
planning the Taste of Saratoga, which is scheduled on September 12th from noon to
8:00PM in the Village. Emergency Preparedness officer Jim Yoke is putting together a
medical reserve core to assist the community in the event of a disaster in Saratoga. He
suggested calling Mr. Yoke at 408-868-1294 or himself if anyone is interested in
becoming involved in this project.
Vice Mayor King announced the water feature is now working at Wildwood Park.
Mayor Page noted that the Kevin Moran Park refurbishing was a 30 year process and
invited everyone to come for the 4PM grand opening and invited Saratoga residents to
stay for the neighborhood picnic immediately following the City’s ribbon cutting. He
stated the Governor is close to approving a budget and noted it is not good news as the
state is planning to take funding from cities, including over a million dollars from the
City of Saratoga.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1. CITY COUNCIL MINUTES – JULY 1, 2009
STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor King removed this item for clarification regarding a recommendation she
made during the City Council Items portion of the meeting.
KING/NAGPAL MOVED TO APPROVE MINUTES OF JULY 1, 2009 AS
AMENDED. MOTION PASSED 5-0-0.
2. CITY COUNCIL MINUTES – SEPTEMBER 21, 2005
STAFF RECOMMENDATION:
Approve minutes.
Councilmember Hunter removed this item for discussion. She recommended that
comments from speakers regarding the Kevin Moran Park (KMP) issue be included in
the minutes noting if the speaker was supportive or non-supportive of the issue.
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Vice Mayor King noted that it is sometimes difficult for another person to decide if
someone is for or against an issue.
Councilmember Miller stated the video tape is always available for people to refer to
regarding the exact comments and that many of the people that spoke at the
September 21, 2005 Council meeting had also spoken at the other meetings that
involved KMP discussion; adding that we are now looking forward to the KMP grand
opening on July 17, 2009.
Councilmember Nagpal inquired about how long meeting video tapes are retained.
Records Management Intern Curtis Boone was present and noted that currently the
Retention Schedule indicates Current Year plus 3Months, adding that this item is
something that could be revised.
Discussion took place regarding the retention length of video tapes and audio
recordings for meetings and the minute format – verbatim, summary or action format.
Mayor Page stated he was impartial on this particular meeting and noted that it would
be consistent with other meetings where KMP was discussed to have the pro or con
opinion noted in these minutes also. However, he did agree the video was available
for anyone to watch and decide if the speaker was supportive or non-supportive of the
KMP development.
Vice Mayor King asked to agendize: 1) the retention policy for DVD video and audio
tapes of Council meetings; and 2) minute format.
KING/NAGPAL MOVED TO ACCEPT MINUTES OF SEPTEMBER 21, 2005
AS PRESENTED. MOTION PASSED 4-1-0 WITH HUNTER OPPOSING.
3. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
June 25, 2009
July 02, 2009 (Period 13)
July 02, 2009 (Period 01)
MILLER/NAGPAL MOVED TO ACCEPT THE CHECK REGISTERS FOR
ACCOUNTS PAYABLE CYCLES: JUNE 25, 2009, JULY 02, 2009 (PERIOD
13) AND JULY 02, 2009 (PERIOD 01). MOTION PASSED 5-0-0.
4. LANDSCAPE MAINTENANCE CONTRACT – GACHINA LANDSCAPE
MANAGEMENT
STAFF RECOMMENDATION:
Approve a two-year contract with Gachina Landscape Management for monthly
landscape maintenance services in the amount of $75,756 per year and authorize City
Manager to execute the same.
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Councilmember Hunter removed this item for clarification.
HUNTER/NAGPAL MOVED TO APPROVE A TWO-YEAR CONTRACT
WITH GACHINA LANDSCAPE MANAGEMENT FOR MONTHLY
LANDSCAPE MAINTENANCE SERVICES IN THE AMOUNT OF $75,756
PER YEAR AND AUTHORIZE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED 5-0-0.
5. LANDSCAPE MAINTENANCE CONTRACT – LORAL LANDSCAPING,
INC.
STAFF RECOMMENDATION:
Approve a two-year contract with Loral Landscaping, Inc. for monthly landscape
maintenance services in the amount of $52,320 per year and authorize City Manager
to execute the same.
Councilmember Hunter removed this item for clarification.
Mayor Page asked that residents not pull weeds in the median areas and
recommended they call the City to report the location of weeds in median areas.
HUNTER/NAGPAL MOVED TO APPROVE A TWO-YEAR CONTRACT
WITH LORAL LANDSCAPING, INC. FOR MONTHLY LANDSCAPE
MAINTENANCE SERVICES IN THE AMOUNT OF $52,320 PER YEAR AND
AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION
PASSED 5-0-0.
6. APPROVAL OF SECURITY LIGHTING IN PARKER RANCH OPEN SPACE
STAFF RECOMMENDATION:
Approve Resolution allowing Parker Ranch Homeowners Association to install
Safety Lights in Private Open Space
Mayor Page removed this item noting that Drew Perkins, Board Member of the
Parker Ranch Homeowners Association, was present to comment on this item.
Mr. Perkins noted there have been many problems on the Knoll for many years and
voiced his concern regarding security in this area. He noted people are attracted to
this area because of the beautiful views and the nearby trails and that some of the
visitors are using private property for their activities – including unsafe activities such
as firing BB guns, bringing in home-made bombs, drugs, alcohol, etc.
He stated the Homeowners Association would like motion-sensor lights installed on
poles, adding the HOA Board approved this suggestion; however, the HOA needs
City approval to install anything in open space.
Vice Mayor King noted that most of the problems the property owners are
experiencing is due to vehicles entering the area and suggested the homeowners
approach the City to research what it would entail changing Vista Arroyo Court Knoll
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into a private road with a gate so that only the homeowners could access that road;
adding that a gate would be more appealing than big lights on poles.
Mr. Perkins stated he and other neighbors have thought about doing that, however,
they always felt that from a legal perspective they would never get City approval.
Mayor Page stated Mr. Perkins would have to look into the pros and cons of a gate.
Other concerns raised by Council included the appearance of bright lights in the
hillsides and the fact that lights may even encourage more traffic into the area; data
showing increased vandalism around schools when more lights were installed; and
neighbor’s reaction to the installation of bright lights in the semi rural areas.
Vice Mayor King suggested the Homeowners Association may want to consider a
trial run regarding the installation of lights.
City Attorney Richard Taylor added the HOA could agree to a trail run period for
three months.
Vice Mayor King suggested a 3 month trial run and that the HOA also look into the
possibility of making Vista Arroyo Court Knoll a private road and installing a gate.
RESOLUTION NO. 09-040
KING/PAGE MOVED TO APPROVE RESOLUTION ALLOWING PARKER
RANCH HOMEOWNERS ASSOCIATION TO INSTALL SAFETY LIGHTS
IN PRIVATE OPEN SPACE WITH THE CONDITION THAT THE ITEM IS
REVISITED THREE (3) MONTHS AFTER THE INSTALLATION OF THE
LIGHTS. MOTION PASSED 5-0-0.
7. ADOPTION OF ZONING ORDINANCE AMENDMENT TO CREATE AN
EXPEDITED ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS
FOR COMMERCIAL USES OF 4,000 SQUARE FEET OR LESS AND
GENERATORS.
STAFF RECOMMENDATION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance
amending the Zoning Regulations related to Conditional Use Permits.
ORDINANCE NO. 270
MILLER/NAGPAL MOVED TO WAIVE THE SECOND READING AND
ADOPT THE ORDINANCE AMENDING THE ZONING REGULATIONS
RELATED TO CONDITIONAL USE PERMITS. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
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8. CONFIRMATION OF REPORT AND ASSESSMENT OF 2009 WEED/BRUSH
ABATEMENT PROGRAM
STAFF RECOMMENDATION:
Open public hearing, close public hearing, and adopt resolution confirming report and
assessment of hazardous vegetation abatement charges.
City Clerk Ann Sullivan presented the staff report.
Mayor Page opened the public hearing.
No one requested to speak on this item.
Mayor Page closed the public hearing.
RESOLUTION NO. 09-041
HUNTER/NAGPAL MOVED TO ADOPT RESOLUTION CONFIRMING
REPORT AND ASSESSMENT OF HAZARDOUS VEGETATION
ABATEMENT CHARGES. MOTION PASSED 5-0-0.
9. PROPOSED ORDINANCE AMENDING THE CITY CODE TO REVISE THE
REQUIREMENTS FOR PARK DEDICATION AND FEES AND TECHNICAL
AMENDMENTS TO THE CITY’S CODE PROVISIONS TO CONFORM
WITH STATE LAW.
STAFF RECOMMENDATION:
(1) Open the public hearing and consider all testimony received;
(2) Introduce and waive the first reading of the attached ordinance; and
(3) Direct staff to place the attached ordinance and resolution on the consent calendar
for adoption at the September 2, 2009 City Council meeting.
City Attorney Richard Taylor presented the staff report.
Councilmember Miller asked if parks, open space and trails fall into park land.
City Attorney Taylor responded that those areas do fall into park land as recreational
opportunities.
Mayor Page opened the public hearing.
No one requested to speak on this item.
Mayor Page closed the public hearing.
NAGPAL/KING MOVED TO WAIVE THE FIRST READING OF THE
ORDINANCE AND PLACE ON THE CONSENT CALENDAR FOR
ADOPTION AT THE SEPTEMBER 2, 2009 CITY COUNCIL MEETING.
MOTION PASSED 5-0-0.
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OLD BUSINESS
10. RECORDS MANAGEMENT PROGRAM: RESOLUTIONS AMENDING THE
CITY’S RECORDS RETENTION SCHEDULE AND AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS
STAFF RECOMMENDATION:
1. Adopt Resolution Amending City's Records Retention Schedule.
2. Adopt Resolution Authorizing Destruction of Certain City Records.
Records Management Intern Curtis Boone presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
RESOLUTION NO. 09-042
RESOLUTION NO. 09-043
MILLER/HUNTER MOVED TO 1) ADOPT RESOLUTION AMENDING
CITY’S RECORDS RETENTION SCHEDULE WITH CAVEAT THAT
COUNCIL AGENDIZE FOR DISCUSSION AT A FUTURE COUNCIL
MEETING THE RETENTION POLICY FOR DVD/VIDEO AND AUDIO
RECORDINGS; AND 2) TO ADOPT RESOLUTION AUTHORIZING
DESTRUCTION OF CERTAIN CITY RECORDS. MOTION PASSED 5-0-0.
NEW BUSINESS
11. PARKING VIOLATION PENALTY INCREASE
STAFF RECOMMENDATION:
Adopt resolution approving a ten-dollar increase in the fine amount for parking
violations.
Code Enforcement Official Jana Rinaldi presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
RESOLUTION NO. 09-044
MILLER/KING MOVED TO ADOPT RESOLUTION APPROVING A TEN-
DOLLAR INCREASE IN THE FINE AMOUNT FOR PARKING
VIOLATIONS. MOTION PASSED 5-0-0.
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12. ZONING ORDINANCE AMENDMENT TO CREATE REGULATIONS FOR
TOBACCO RETAILERS
STAFF RECOMMENDATION:
Review the draft ordinance and provide direction to staff.
City Attorney Richard Taylor presented the staff report.
Questions raised by Council included whether or not Council could ban the sale of
tobacco products in the city; prevent tobacco establishments from being located
within a certain distance from schools; concerns about existing tobacco
establishments near schools; and options to allow this use to go before the Planning
Commission or through the Administrative Review process.
Attorney Richard Taylor noted there are complicated state laws that determine what
you can and cannot do, adding that this proposed ordinance is based on a “model”
that already exists and because it is a model you avoid risks as opposed to something
that isn’t a model. He added Council could declare this type of establishment as a
noxious use requiring high scrutiny.
Attorney Taylor also noted that existing establishments would be allowed to continue
under this ordinance; however, Council could assume a more aggressive approach
and allow existing establishments to conform within a designated time frame, such as
180 days, or Council could designate them non-conforming and subject to the new
non-conforming proposed rules. Council could also determine uses that would
require those establishments to be phased out after a specified period.
Councilmember Nagpal raised the question whether or not stores would be
considered legal non-conforming if they currently sell tobacco products.
Attorney Taylor responded that a current establishment selling tobacco products
would be guaranteed a use permit if they signed a statement of principal saying they
agree that these are the rules under which they will sell tobacco. If they agree to that,
they would be issued the equivalent of a use permit and would not be considered non-
conforming.
Mayor Page suggested the word “exiting” in Section D be changed to “existing”.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
Councilmember Miller stated he supports this ordinance and recommended:
o Ease of compliance and reasonable costs for existing businesses that currently
sell tobacco products as long as they file appropriate paper work within
proposed specified time period of 180 days;
o More restrictive compliance process for new businesses wanting to sell
tobacco products;
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o Administrative Review Process for existing businesses such as grocery stores,
drug stores and gas stations;
o Non-use of tobacco in “smoke shops”;
o Specific verbiage noting non-use of tobacco products within specific distances
(1,000 feet) around youth oriented services such as schools;
o May want to pursue non-tobacco usage in City parks.
City Attorney Richard Taylor noted Council would want to be very clear regarding
the “scope of youth-oriented services”, adding the Public Health Institute has a model
ordinance regarding use of tobacco in public parks.
Councilmember Nagpal stated she supports:
o Administrative Review for existing tobacco retailers, such as grocery stores,
drug stores, and gas stations with required paperwork to be filed in specified
time of 180 days;
o Planning Commission process for new tobacco retail businesses.
Vice Mayor King noted she concurs with Councilmember Nagpals’
recommendations.
Councilmember Hunter noted she also concurs with Councilmember Nagpals’
recommendations.
Mayor Page concurred with Councilmember Nagpals’ recommendations, with the
exception that there be no fee for existing businesses that file within the designated
time period of 180 days; and to include language stating the sale of tobacco products
can only occur in commercial districts.
DIRECTION TO STAFF:
o Conditional Use Permit decisions to be made by Planning Commission for
new tobacco retailers;
o Administrative Permit with no fee for existing tobacco retailers providing they
file required paperwork within 180 days;
o Code Enforcement regarding violations of smoking sales of tobacco products
provision will go to Hearing Office – not the Planning Commission;
o New tobacco retail shops cannot be located within 500 feet of existing tobacco
retailers;
o New tobacco retail shops cannot be located within 1,000 feet of private or
public elementary, middle, or high school areas;
o Designate the Planning Commission to determine banning new tobacco retail
shops within a 500 or 1,000 foot radius of recreational areas and city parks;
City Attorney Taylor noted the Public Health Institute model includes a provision that
creates a “private right of action”; meaning that if the City declines to do anything
about a code violation, a private citizen could go to court stating a specific store is
selling tobacco without a Use Permit or that the store is in violation of their Use
Permit and could request the court to find them in violation of the law; and the City
would not be involved in this action.
Council concurred they would not support this provision.
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ADDITIONAL DIRECTION TO STAFF:
City Attorney will provide the Community Development Director with a revised draft
tobacco ordinance for the Planning Commission incorporating Council’s direction
stating: “Here is a zoning amendment being considered by the City Council
requesting your review and comment as required by state law”.
The Planning Commission shall conduct a formally noticed Public Hearing and the
Planning Commission shall note in the staff report to the Council why they are
recommending specific changes, if any.
City Attorney Richard Taylor will attend the planning commission meeting where
this item is agendized to address any questions.
Mayor Page declared a 5 minute break at 9:30 p.m.
Mayor Page reconvened the Regular meeting at 9:40 p.m.
13. PROPOSED MEMBERSHIP IN BAY AREA CLIMATE
COLLABORATIVE/SIGNATORY TO BAY AREA CLIMATE CHANGE
COMPACT
STAFF RECOMMENDATION:
Accept report and adopt Resolution authorizing the City of Saratoga to become a
member of the Bay Area Climate Collaborative (BACC) and authorizing the Mayor
to become a signatory of the Bay Area Climate Change Compact.
Assistant City Manager Barbara Powell presented the staff report.
Mayor Page noted that this paves the way for the City of Saratoga to be in a
leadership position to do something “green” in the Bay Area and to make some
positive impact to our environment.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
Councilmember Miller noted the carbon dioxide emissions are a serious concern and
the country, state and city should do all they can to reduce general carbon emissions,
including the use of nuclear power; which is a non-carbon producing energy source.
He added there should be more discussions regarding alternative energy-producing
methods that leave no carbon footprints.
RESOLUTION NO. 09-045
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PAGE/MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING THE
CITY OF SARATOGA TO BECOME A MEMBER OF THE BAY AREA
CLIMATE COLLABORATIVE (BACC) and AUTHORIZE THE MAYOR TO
BECOME A SIGNATORY OF THE BAY AREA CLIMATE CHANGE
COMPACT. MOTION PASSED 5-0-0.
14. SARATOGA EMERGENCY OPERATIONS PLAN (EOP)
STAFF RECOMMENDATION:
Approve the new City of Saratoga Emergency Operations Plan (EOP)
Emergency Services Coordinator Jim Yoke presented the staff report.
Mr. Yoke recommended annual revisions to the Emergency Operations Plan and
stated staff would be required to go through the required Emergency Operations
training.
Mayor Page invited public comment.
No one requested to speak on this item.
Mayor Page closed the public comment.
MILLER/NAGPAL MOVED TO APPROVE THE NEW CITY OF SARATOGA
EMERGENCY OPERATIONS PLAN (EOP). MOTION PASSED 5-0-0.
Council thanked Mr. Yoke for all the efforts put into creating the Emergency Plan for
the City of Saratoga.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – had nothing to report:
Vice Mayor Kathleen King – had nothing to report:
Councilmember Jill Hunter – reported:
Historical Foundation – she missed the last meeting due to a change of date for the
meeting.
Santa Clara County Valley Water District Commission – will meet next week.
Village AdHoc – the members are continuing to work on the Facade Program and what it
will entail.
(She also noted she will be attending the SASCC meeting Thursday evening)
Councilmember Howard Miller – reported:
Chamber of Commerce – met and they discussed the upcoming Taste of Saratoga; they
would like Council to have an information booth including conceptual drawings of Public
Works projects such as the Big Basin project and the newly completed Kevin Moran
Park. Chamber is still working on the relocation plans with the understanding that they
have a CUP time limit; audit is in process, everything has been reviewed and the audit
firm has issued a set of questions that the Chamber is currently addressing and the
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Chamber is hoping to have everything completed by the first council meeting in
September.
KSAR – he attended the last meeting; ten interns are working on video projects and one of
the projects (suggested by Councilmember Miller) is called “Is it Recyclable?”; adding
that if anyone had additional video ideas, they should send them to the KSAR station
manager.
Council Finance Standing Committee – met and is still looking at financial reporting and
noted the Investment Policy will be coming back to council soon; they had discussion on
the Finance Commission, adding this item will be agendized on a future Council meeting.
Councilmember Susie Nagpal – reported:
Sister City Liaison – she attended the last meeting and the Sister City group has requested
a formal letter of invitation from Mayor Page.
CITY COUNCIL ITEMS
Vice Mayor King – asked to agendize the Lighting and Landscaping Districts to discuss
whether or not each council member would be interested in volunteering to work on a
district each year.
CouncilmemberNagpal seconded this.
Councilmember Miller – asked to agendize the Council booth at the Taste of Saratoga
event and if Council would be willing to fund the $300 booth fee; adding that he would
ask the Chamber if they would consider waiving the fee.
[Council agreed to agendize this item on the Special Meeting agenda scheduled for July
30, 2009.]
Councilmember Miller added he would also like to agendize for discussion the possibility
of an ordinance banning smoking in city parks.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no further business, Mayor Page asked for a motion to adjourn the regular
meeting.
PAGE/NAGPAL MOVED TO ADJOURN THE REGULAR MEETING AT
10:10PM AND TO PROCEED TO THE ADMINISTRATIVE CONFERENCE
ROOM TO DISCUSS CLOSED SESSION ITEMS. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – Special Meeting – July 30, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for July 30, 2009 Special City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from July 30, 2009 Special City Council meeting.
41
MINUTES
SARATOGA CITY COUNCIL
SPECIAL MEETING
JULY 30, 2009
Mayor Page called the Special Meeting to order at 4:30PM.
ROLL CALL
PRESENT: Councilmembers:
Susie Nagpal, Howard Miller, Jill Hunter, Mayor Chuck Page
ABSENT: Vice Mayor Kathleen King
ALSO
PRESENT:
Dave Anderson, City Manager
Ann Sullivan, City Clerk
John Cherbone, Public Works Director
Rick Torres, Streets Supervisor
Macedonio Nunez, Associate Engineer
Crystal Morrow, Administrative Analyst
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 5, 2009
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of July 30, 2009, was properly posted on July 27, 2009.
COMMUNICATIONS FROM PUBLIC
The following people requested to speak:
Jan Van der Linde – stated that a neighbor’s tree fell into Saratoga Creek in the 60’s and
asked the City for assistance in removing this tree from the creek or notify the SCC
Water District for assistance.
Stan Bogosian – referred to the recently submitted Public Records Request to view the
records slated for destruction under the Records Retention Policy and requested the
Council to reconsider their July 15, 2009 decision authorizing the destruction of old
documents as outlined in the Records Retention Policy. He suggested more publicity
noticing in the Saratoga News and on KSAR regarding planned destruction of city
records and asked council to place a moratorium on the slated destruction of items,
pending reconsideration.
DIRECTION TO STAFF
Council directed Public Works Director John Cherbone to follow up with Mr. Van der
Linde regarding the downed tree in Saratoga Creek.
Council comments regarding Stan Bogosian’s concern regarding destruction of old
records:
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Councilmember Hunter: Reiterated Mr. Bogosian’s request to reconsider the records
destruction policy; noted she has confidence in the current staff retaining historical
documents, however, as staff changes in the future they may not be concerned about
retaining historical documents.
Councilmember Miller noted there may be some confusion about the records destruction
policy. He stated he read the entire list of records slated to be destroyed and didn’t find
anything compelling regarding the destruction of any historical documents. He added that
the retention issue of video and audio recordings is scheduled for the September 16, 2009
meeting.
Mayor Page stated there was nothing of historical documentation in the boxes slated for
destruction. He also noted the City has had a Records Retention Policy since 1986 and
that the records destruction hasn’t been followed in a timely manner. He added that the
City has a very thorough records retention policy and that any time records are slated for
destruction it will always be brought to Council for approval.
Councilmember Nagpal stated she is also concerned about the preservation of historical
records and land use documents and noted she also read the entire list of records to be
destroyed, and it appeared that the list consisted mostly of accounts payable and
receivable records. She asked for clarification on the land use documents.
City Manager Dave Anderson stated that land use documents are permanent records. He
added staff is refining the records retention policy regarding the issue of the video
recordings to designate them as permanent records in order to justify “Action” format
minutes; noting the true transcript of the meeting will actually be the video. In addition,
he added that many times he has heard that citizens request that submitted items be made
a permanent part of the meeting record. He stated that these submittals by the citizens are
scanned and laserfiched into a file for that particular meeting, along with the agenda, staff
reports, and minutes, and are a part of the permanent historical record of council
decisions. He stated rather than Council reconsidering their July 15, 2009 motion,
Council may want to schedule another round of revisions to the Records Retention Policy
and provide an opportunity for the public to provide their ideas as to the types of
revisions for Council’s consideration at the September 16, 2009 Council meeting.
City Manager Anderson added that in preparation of the citizen’s viewing of all the
requested documents staff, along with his supervision, is in the process of looking at
every document in approximately185 boxes for long-term historical significance to the
City, and for social security numbers and credit card numbers; and will have spent over
200 hours looking for and redacting personal confidential information before it can be
viewed.
Council confirmed with staff that the Records Retention Policy item would be agendized
on the September 16, 2009 Council meeting.
1. ARRA AWARD OF BID (STIMULUS PLAN)
STAFF RECOMMENDATION:
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a. Move to declare the lowest responsible bidder on the Saratoga Avenue Overlay
and rehabilitation Project.
b. Award a construction contract for the Saratoga Avenue Overlay and
Rehabilitation Project and authorize the City Manager to execute the same.
c. Authorize staff to execute change orders to the construction contract.
Public Works Director John Cherbone presented staff report.
Director Cherbone noted staff opened bids on Tuesday, July 27, 2009 for the Saratoga
Overlay Project, which is funded by Stimulus Funds and stated there was a total of six
bids. He noted three of the bidders didn’t submit all the required paperwork and/or
correct type of documentation as specified in the Bidders Check List. As a result, staff
had to determine those bids as “non-responsive”, adding that the low bidder and second
to last low bidder did not submit the required documentation; and the third lowest bidder
did submit the required documentation, resulting in the determination that they were
“responsive” to the bidding process.
Councilmember Hunter asked if the number of bidders was lower than expected.
Director Cherbone noted the City would have received more bidders if this was a normal
process; adding that federally funded projects aren’t usually bid on by smaller local
contractors due to the extra tedious work involved in filling out contract paperwork
funded by the Federal Government.
Mayor Page invited public comment.
The following person requested to speak on this item:
Paul Cinnciarulo, with Pavex Construction Company (division of Granite Rock
Construction) stated he submitted the lowest responsible bid for this project. He added
that the reason the other three bidders didn’t turn in the required paperwork is due to
contradictory information dispensed by the city. He noted that on page 81 of the standard
specifications it does require the UDBE Form to be submitted with the bid, however,
based on page 96 of the Standard Specifications it states the bidder has up to four days to
submit the required EDBE information. He added that staff contacted him after the bids
were opened and asked him to provide the EDBE form as soon as possible; he submitted
the form two hours later. He then noted that city staff contacted his office again and
stated that they (staff) had contacted CalTrans regarding the EDBE form and CalTrans
informed city staff that if the bidder hadn’t submitted the EDBE form as city staff had
requested, then the bidder is in default of submitting the required documents. He added
that this was basically a minor bid irregularity and that the City is potentially awarding a
project to the third lowest bidder, will spend approximately an additional $38K of federal
monies and receive nothing extra in the end result. He concluded by asking council to
reconsider the bid to the third bidder.
No one else requested to speak on this item.
Mayor Page closed the public comment.
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Council discussed the bidding process, the required bid submittal documents, and the
issue regarding the UDBE language on page 96 of the Standard Specifications indicating
the bidder has an additional four days to submit the completed UDBE Form.
Director Cherbone noted that staff made a conscious decision to make the UDBE form a
requirement with the submittal of the bids because staff didn’t have the additional four
days to wait for the UDBE form as staff would be awarding the contract two days after
the bid results, as per Council’s direction. He added the language in the Bidders Checklist
is the boiler plate language used by CalTrans and staff did not manipulate the language
that CalTrans recommended be stated in the contract; staff’s requirement was for the
UDBE form to be submitted with the bid. Director Cherbone noted that because staff
consciously specified this requirement in the Bidders Check List, this would take
precedence over any other standard specification’s check list. He added that staff is
trying to be as fair as possible by awarding the bid to the successful bidder that did abide
by the specified requirements and did include the UDBE form in the submitted bid.
Director Cherbone stated his office also received a Public Records Request asking for
documentation that the City was following the rules that they had established by
submitting the bid to the lowest bidder that followed the requirements and submitted the
required documents.
Councilmembers Hunter, Miller and Nagpal supported rejecting all bids and rebidding
the project.
Mayor Page supported moving forward with the ARRA Award of Bid.
MILLER/HUNTER MOVED TO REMOVE THE LANGUAGE AMBIGUITY AND
REJECT ALL BIDS, GO BACK OUT FOR A RE-BID, AND AGENDIZE ON THE
SEPTEMER 2, 2009 COUNCIL AGENDA FOR ARRA AWARD OF BID
(STIMULUS PLAN). MOTION PASSED 3-1-1 WITH PAGE OPPOSING AND
KING ABSENT.
2. FELLOWSHIP HALL – NOTICE OF COMPLETION.
STAFF RECOMMENDATION:
Authorize the City Manager to sign the Notice of Completion during City Council
summer break upon completion of minor items of remaining work and satisfactory
final inspections.
Public Works Director John Cherbone presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
MILLER/HUNTER MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN
THE NOTICE OF COMPLETION DURING CITY COUNCIL SUMMER BREAK
UPON COMPLETION OF MINOR ITEMS OF REMAINING WORK AND
SATISFACTORY FINAL INSPECTIONS. MOTION PASSED 4-0-1 WITH KING
ABSENT.
45
3. EASEMENT AGREEMENT – INN AT SARATOGA
STAFF RECOMMENDATION:
Authorize
Director Chebone presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
HUNTER/NAGPAL MOVED TO AUTHORIZE ACCEPTANCE OF STORM
DRAIN EASEMENT AGREEMENT WITH THE INN AT SARATOGA. MOTION
PASSED 4-0-1 WITH KING ABSENT.
4. KEVIN MORAN PARK – NOTICE OF COMPLETION
STAFF RECOMMENDATION:
a. Move to accept the Kevin Moran Park Improvement Project as complete and
authorize staff to record the Notice of Completion for the construction contract.
b. Move to adopt Budget Resolution.
c. Amend Construction Contract with B&B Landscape Contractors, Inc. in the
amount of $27,050.
Director Cherbone presented the staff report.
Mayor Page invited public comment.
No one requested to speak on this item.
Councilmember Miller noted he was appreciative of the great community park created by
the Public Works Department.
RESOLUTION NO. 09-046
MILLER/HUNTER MOVED TO a.) ACCEPT THE KEVIN MORAN PARK
IMPROVEMENT PROJECT AS COMPLETE AND AUTHORIZE STAFF TO
RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION
CONTRACT; b.) TO ADOPT BUDGET RESOLUTION; c.) AMEND
CONSTRUCTION CONTRACT WITH B&B LANDSCAPE CONTRACTRS, INC.
IN THE AMOUNT OF $27,050. MOTION PASSED 4-0-1 WITH KING ABSENT.
5. COUNCIL BOOTH AT TASTE OF SARATOGA FINE ART AND WINE
FESTIVAL
STAFF RECOMMENDATION:
Accept report and approve funding for a City Council exhibitor space at the Chamber
of Commerce’s Taste of Saratoga Fine Art and Wine Festival.
Administrative Analyst Crystal Morrow presented the staff report.
46
Ms. Morrow noted this event is a great opportunity for the Council to showcase various
City projects and for Council outreach.
Mayor Page invited public comment.
The following person requested to speak on this item.
Chris Oaks noted the City would not have to pay the fee to have a booth at the Taste of
Saratoga event.
Councilmember Miller thanked the Chamber for their offer to waive the booth fee and
moved to accept Ms. Oak’s offer to waive the booth fee.
Mayor Page suggested a friendly amendment and suggested Council pay the booth fee
considering the Chamber’s financial issues.
Councilmember Miller accepted the friendly amendment to pay the fee.
MILLER/NAGPAL MOVED TO ACCEPT REPORT AND APPROVE FUNDING
FOR A CITY COUNCIL EXHIBITOR SPACE AT THE CHAMBER OF
COMMERCE’S TASTE OF SARATOGA FINE ART AND WINE FESTIVAL.
MOTION PASSED 4-0-1 WITH KING ABSENT.
Council inquired about a schedule for working the booth.
Ms. Morrow noted she would provide Council with a schedule for them to indicate which
shift they would be available.
Mayor Page asked if there was any additional business.
City Manager Anderson reminded Council he will be on vacation for the next two weeks,
August 7 through August 23, 2009.
Mayor Page noted he will ask Vice Mayor King to be Acting Mayor August 12 – 15,
2009 as he will be in San Diego.
There being no additional business Mayor Page asked for a motion to adjourn the Special
Meeting.
MILLER/NAGPAL MOVED TO ADJOURN THE SPECIAL MEETING AT 5:45.
MOTION PASSED 4-0-1 WITH KING ABSENT.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
47
Dave Anderson
Melanie Whittaker Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
07/09/09 112700 112742 42 93,485.92 07/09/09 07/02/09 112699
07/09/09 112743 112752 9 15,286.56 07/09/09 07/09/09 112742
07/16/09 112753 112806 53 129,608.12 07/16/09 07/09/09 112752
07/16/09 112807 112835 28 93,070.40 07/16/09 07/16/09 112806
07/23/09 112836 112866 30 260,278.40 07/23/09 07/16/09 112835
07/23/09 112867 112915 48 304,259.21 07/23/09 07/23/09 112866
AP Date Check No. Issued to Dept.Amount
07/09/09 112705 Public Works 25,983.74
07/09/09 112727 Finance 35,193.13
07/23/09 112838 Public Works 149,355.30
07/23/09 112844 Public Works 21,512.20
07/23/09 112860 Public Works 21,649.81
07/23/09 112867
Non
Department 253,088.78
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No.Amount
07/15/09 112356 (300.00)
07/15/09 112501 (300.00)
07/15/09 112555 (14.40)
PREPARED BY:DEPT. DIRECTOR:
Type of Checks Date
Starting
Check No.
Ending
Check No.
Total
Checks Amount
SARATOGA CITY COUNCIL
MEETING DATE:September 2, 2009 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
Checks
Released
Business License Services
CF Archibald PavingGas Tax Fund 2009 Pavement Mgmt
MuniServices LLC General
Prior Check Register
Accounts Payable P13
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
City of Cupertino CIP - Grant Fund Prospect Rd Slurry
Accounts Payable P1
Fund Purpose
Accounts Payable P1
Accounts Payable P13
Saratoga Ave ramp
Smalley, Diane Void - Reissue
Issued to Description
General Signal Light repair
ABAG Plan Liability / Risk Mgmt
Insurance Premiums
2009/10
Republic Its
Duran & Venables CIP - Grant Fund
Fehr & Peers Void - Reissue
Mueller, Nate Void - Reissue
July 09, 2009 (P13 & P1)
July 16, 2009 (P13 & P1)
July 23, 2009 (P13 & P1)
July 30, 2009 (None)
Accounts Payable P1
Accounts Payable P13
48
The following is a list of cash reduction by fund:
Fund #
AP 07/09
(P13)
AP 07/09
(P1)
AP 07/16
(P13)
AP 07/16
(P1)
AP 07/23
(P13)
AP 07/23
(P1)Total
111 General 56,229.82 14,946.11 86,134.08 68,063.80 52,673.79 35,862.08 313,909.68
231 Village Lighting 696.29 696.29
243 Carnelian Glen 98.11 12.24 110.35
244 Cunningham/Glasgow Landscape 36.02 4.31 40.33
247 Kerwin Ranch Landscape 521.96 86.99 608.95
249 Manor Drive Landscape 50.16 1.88 52.04
251 McCartysville Landscape 127.31 127.31
252 Prides Crossing Landscape 268.01 268.01
253 Saratoga Legends Landscape 328.44 41.05 369.49
254 Sunland Park Landscape 355.86 52.65 408.51
255 Tricia Woods Landscape 10.46 1.25 11.71
272 Bellgrove Landscape 324.03 324.03
273 Gateway Landscape 168.60 168.60
274 Horseshoe Landscape/Lighting 228.93 28.56 257.49
277 Village Commercial Landscape 520.06 55.34 575.40
411 CIP Street Projects 6,611.27 24,388.95 7,905.50 842.86 39,748.58
412 CIP Parks Projects 1,134.54 2,154.58 233.40 990.00 4,512.52
413 CIP Facility Projects 340.45 2,635.09 356.00 3,331.54
431 Grant Fund - CIP Streets 28,553.74 6.00 25,167.20 2,213.41 55,940.35
481 Gas Tax Fund #########149,355.30
611 Liability/Risk Mgt 206,977.00 206,977.00
612 Workers' Comp 302.89 302.89
621 Office Stores Fund 528.44 88.19 1,819.13 46,111.78 48,547.54
622 Information Technology 3,325.00 24,773.20 53.00 6,088.68 34,239.88
623 Vehicle & Equipment Maint 2,919.10 192.24 3,084.91 6,196.25
624 Building Maintenance 428.11 5,004.14 348.93 2,794.22 8,575.40
632 1,193.17 1,193.17
711 19,140.00 19,140.00
93,485.92 15,286.56 129,608.12 93,070.40 #########304,259.21 895,988.61
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
TOTAL
Fund Description
IT Equipment Replacement
Library Capital Improvement
49
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70
Dave Anderson
Melanie Whittaker Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
08/06/09 112940 112962 22 35,616.68 08/06/09 07/24/09 112866
08/06/09 112963 113007 44 84,221.62 08/06/09 08/06/09 112962
08/14/09 113008 113015 7 23,021.38 08/14/09 08/06/09 113007
08/19/09 113016 113062 46 101,794.67 08/19/09 08/14/09 113015
08/24/09 113063 113123 60 115,198.55 08/24/09 08/19/09 113062
08/24/09 113124 113130 6 87,356.68 08/24/09 08/24/09 113123
AP Date Check No. Issued to Dept.Amount
08/06/09 112985 Department 36,795.93
08/19/09 113022
Public
Works 39,740.50
08/24/09 113071 Facilities 72,581.40
08/24/09 113128 Various 41,423.63
08/24/09 113130 Various 44,839.64
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No. Issued to Amount
08/06/09112916-112939 0.00
08/24/09 113219 (44,839.64)
SARATOGA CITY COUNCIL
AGENDA ITEM:
CITY MANAGER:
DEPT. DIRECTOR:
Void - Printer Issue
Retention Payable
Saratoga Library HVAC
Accounts Payable P1
Fund Purpose
PREPARED BY:
August 14, 2009 (P13)
Type of Checks
Shute Mihaly
Accounts Payable P13
CF Archibald PavingGas Tax Fund
CIM Air, Inc Facility Project Fund
Accounts Payable P13
Accounts Payable P13
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
KSAR KSAR Trust Fund Non Peg Fee Request
Shute Mihaly Various Mthly Legal Services
Various Mthly Legal Services
Description
Void - Reissued ck
Accounts Payable P1
August 19, 2009 (P1)
Checks
Released
Prior Check Register
MEETING DATE:September 2, 2009
DEPARTMENT:Finance & Administrative
August 6, 2009 (P13 & P1)
August 24, 2009 (P13 & P1)
Date
Starting
Check
No.
Ending
Check No.
Total
Checks Amount
Accounts Payable P1
71
The following is a list of cash reduction by fund:
Fund #
AP 08/06
(P13)
AP 08/06
(P1)
AP 08/14
(P13)
AP 08/19
(P1)
AP 08/24
(P13)
AP 08/24
(P1)Total
111 General 29,397.62 ########5,697.05 40,334.58 81,491.51 37,007.99 #########
233 Sarahills Lighting 193.68 56.61 250.29
245 Fredericksburg Landscape 14.30 19.49 33.79
246 Greenbriar Landscape 73.58 99.12 164.10 336.80
249 Manor Drive Landscape 98.80 164.10 262.90
252 Prides Crossing Landscape 84.18 82.70 55.90 75.47 298.25
253 Saratoga Legends Landscape 61.36 61.36
255 Tricia Woods Landscape 8.28 17.90 24.24 50.42
271 Beauchamps Landscape 46.85 46.85
272 Bellgrove Landscape 2,354.00 2,734.73 195.36 5,284.09
274 Horseshoe Landscape/Lighting 5.05 3.23 8.28
275 Quito Lighting 843.84 246.34 1,090.18
276 Tollgate LLD 119.31 122.43 241.74
411 CIP Street Projects 742.35 957.70 2,737.40 4,437.45
412 CIP Parks Projects 2,400.00 174.60 2160.27 4,734.87
413 CIP Facility Projects 1,201.60 3,392.46 72,581.40 77,175.46
414 CIP Admin Projects 374.55 374.55
421 Tree Fine Fund 4,000.00 4,000.00
621 Office Stores Fund 85.49 2,122.01 18.17 2,225.67
622 Information Technology 1,098.71 55.00 566.88 866.25 2,586.84
623 Vehicle & Equipment Maint 79.70 2,177.89 2,964.85 97.18 5,319.62
624 Building Maintenance 178.99 4,074.44 10,136.31 3,206.07 21.22 1,025.26 18,642.29
712 KSAR Trust Fund ########36,795.93
35,616.68 ########23,021.38 #########87,356.68 115,198.55 #########
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Fund Description
TOTAL
72
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C
S
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Offer to Dedicate Trail Easement
RECOMMENDED ACTION:
1. Approve Offer to Dedicate Trail Easement on the property located at 22461 Mount Eden Road
(APN 503-80-001).
2. Adopt Resolution Accepting Offer to Dedicate Trail Easement.
REPORT SUMMARY:
On May 11, 2005 the Planning Commission approved a Design Review Application to construct a new
two-story home on a property located at 22461 Mount Eden Road (APN 503-80-001) owned by Udaya
Shankar. One of the conditions of approval required the owner to formally dedicate an existing pedestrian
and equestrian trail along Mount Eden Road.
The trail has been improved and informally used for years. The purpose of the trail easement dedication is
to assure the existing trail will remain in the City’s public trail system along Mt. Eden Road. The
Pedestrian, Equestrian, and Bicycle Trails Advisory Committee (PEBTAC) fully supports the easement
dedication and acceptance. In addition, the trail is shown as a Proposed City Trail in the Open Space and
Conservation Element of the General Plan.
It is therefore recommended that the Council approves the attached Offer to Dedicate Trail Easement and
adopts the Resolution Accepting Offer to Dedicate Trail Easement.
FISCAL IMPACTS:
There is no cost associated with approving the attached Offer to Dedicate Trail Easement.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Offer to Dedicate Trail Easement will not be approved at this time.
92
Page 2 of 2
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The Offer to Dedicate Trail Easement will be recorded by the City Clerk.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Offer to dedicate trail easement with exhibits.
2. Resolution accepting offer to dedicate trail easement.
3. Vicinity Map.
93
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99
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Recording requested by,
and to be returned to:
City of Saratoga
Department of Public Works
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT
WHEREAS, the City Planning Commission adopted Resolution No. 05-020
approving Design Review Application No. 03-272 for a property located at 22461 Mt.
Eden Road (APN 503-80-001) owned by Udaya Shankar; and
WHEREAS, one of the conditions of the Resolution No. 05-020 requires the
owner to formally dedicate to the City of Saratoga existing pedestrian-equestrian trail
along Mount Eden Road; and
WHEREAS, the Offer to Dedicate the Trail Easement on the property located at
22461 Mt. Eden Road (APN 503-80-001) was prepared in acceptable form and content;
and
WHEREAS, the City Council has determined that the acceptance of the Offer to
Dedicate Trail Easement would be in the public interest.
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE
CITY OF SARATOGA hereby:
1. Accepts the Offer to Dedicate Trail Easement as described hereinabove and
attached hereto; and
2. Authorizes and directs City Clerk to record the Offer to Dedicate Trail Easement.
Passed and adopted on the 2nd day of September, 2009. by the CITY COUNCIL
OF THE CITY OF SARATOGA by the following vote of the members thereof:
AYES:
102
NOES:
ABSENT:
ABSTAIN:
______________________
Chuck Page, Mayor
City of Saratoga
Attest:
_______________________
Ann Sullivan, City Clerk
103
104
Page 1 of 1
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Review of the Parker Ranch Homeowners Association CC&R’s
RECOMMENDED ACTION:
Authorize the City Manager to sign the revised Parker Ranch Homeowners Association CC&Rs
indicating the City’s consent to the revisions.
REPORT SUMMARY:
The Parker Ranch Homeowners Association is updating their covenants, conditions and
restrictions (CC&Rs). The CC&Rs require City approval of any revisions. The updated CC&Rs
have been reviewed and revised by the Assistant City Attorney to both his and the Homeowners
Association’s satisfaction.
FISCAL IMPACTS:
None
ALTERNATIVE ACTIONS:
The Council could recommend changes to the document.
FOLLOW UP ACTION:
The City Manager will sign the document and forward to the Homeowners Association.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
Parker Ranch Homeowners Association Covenants, Conditions and Restrictions (CC&Rs)
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Page 1 of 27
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RECORDING REQUESTED BY:
Parker Ranch Homeowners Association
AFTER RECORDING RETURN TO:
_________________________________
_________________________________
_________________________________
AMENDED AND RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKER RANCH
TABLE OF CONTENTS
ARTICLE PAGE
ARTICLE I DEFINITIONS 3
ARTICLE II BURDENS APPURTENANT TO PROPERTIES 4
ARTICLE III PROPERTY RIGHTS 5
ARTICLE IV ASSOCIATION; MEMBERSHIP AND VOTING RIGHTS 6
ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS 9
ARTICLE VI USE RESTRICTIONS 16
ARTICLE VII OBLIGATION TO REBUILD 20
ARTICLE VIII CITY IMPOSED CONDITIONS 21
ARTICLE IX GENERAL CONDITIONS 22
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AMENDED AND RESTATED DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKER RANCH
THIS AMENDED AND RESTATED DECLARATION is made as of _________________,
2009 by the approval of the Owners of Lots who have approved this Amended and Restated Declaration
by written ballot as certified by the President and Secretary of the Parker Ranch Homeowners
Association pursuant to the provisions of California Civil Code section 1355(a) as set forth on page 24
of this Amended and Restated Declaration.
RECITALS:
This Amended and Restated Declaration is made with reference to the following facts:
A. Blackwell Homes, a partnership (“Original Declarant”) made and executed the
declaration of covenants, conditions and restrictions entitled “Declaration of Covenants, Conditions and
Restrictions” recorded on September 20, 1979 in Book E805, Page 326 et seq., Instrument No.
6503842; as amended by Modifications of Declaration recorded on August 4, 1981, in Book G254,
Page 627, Instrument No. 7129435; and April 23, 1982, in Book G742, Page 383, et seq., Instrument
No. 7345104; and July 11, 1984, in Book I708, Page 106, et seq., Instrument No. 8122218; and
September 16, 1988, in Book K683, Page 972, et seq., Instrument No. 9839054; and May 22, 1991,
Book L723, Page 0548, et seq., Instrument No. 10912062; and January 2, 2002 as Instrument No.
16038660 of the Official Records of Santa Clara County, California (collectively the “Original
Declaration”), which Original Declaration affects all of the Properties described and commonly known
as Parker Ranch.
B. Original Declarant was the owner of a fee interest in certain real property in the County
of Santa Clara, State of California, which is more particularly described in Exhibit “A” attached hereto
and incorporated herein by reference (the “Properties”). The Original Declarant consented to the
creation and imposition of the plan of beneficial restrictions contemplated in the Original Declaration.
C. The Properties are a common interest development consisting of a planned
development within the meaning of California Civil Code Section 1351(k).
D. Original Declarant desired to subject the Properties to certain easements, protective
covenants, conditions, restrictions, reservations, liens and charges as set forth in the Original
Declaration referred to above, all of which are for the benefit of all portions of the Properties and for the
purpose of enhancing and protecting the value, desirability, and attractiveness of the Properties and all
of which shall run with the Properties and shall be binding on all parties having or acquiring any right,
title or interest in the Properties, or any part thereof, their heirs, successors and assigns, and shall inure
to the benefit of each Owner thereof.
E. It was the further intention of the Original Declarant to sell and convey to the Owners
residential Lots, some improved with Residences constructed by Original Declarant, subject to the
protective covenants, conditions, restrictions, limitations, reservations, grants of easements, rights,
rights-of-way, liens, charges and equitable servitudes between Original Declarant and such Owners
which are set forth in the Original Declaration which were in furtherance of a general plan for the
subdivision, development, sale and use of the Properties as a “planned development” as that term is
defined in California Civil Code Section 1351(k). Further, it was the intention of Original Declarant
that the Common Area within the Properties be owned and maintained by the Association, and reserved
for the use and enjoyment of the Members of the Association, their tenants, guests and invitees, all
subject to the terms and conditions of the Original Declaration, the Articles and the Bylaws subject to
rights granted in the Agreement and Grant of Open Space Easements made by Original Declarant and
the City of Saratoga which was recorded May 27, 1982 in Book G 811, Page 151, as Document No.
7355769 in the Official Records of Santa Clara County, California.
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F. On the date specified in the Officers' Certification of Amendment attached hereto,
seventy-five percent (75%) of the total voting power of Parker Ranch Homeowners Association voted
by written ballot to amend and restate the Original Declaration, all in accordance with the procedures
for amendment set forth in Article X, Section 3 of the Original Declaration. As so amended and restated
these easements, covenants, restrictions, and conditions shall run with the Properties and shall be
binding on all parties having or acquiring any right, title or interest in the Properties or any portion
thereof, and shall inure to the benefit of each Owner thereof.
NOW THEREFORE, by the making of this Amended and Restated Declaration, the terms
and provisions of the Original Declaration are hereby amended and restated as hereinafter set forth as
easements, restrictions, covenants and conditions which are for the purpose of enchancing and
protecting the value, attractiveness and desirability of, and which shall run with, the Property and be
binding on all parties having any right, title or interest in the described property or any part thereof, their
heirs, successors and assigns and shall inure to the benefit of each Owner thereof.
ARTICLE I DEFINITIONS
Section 1. "Association" shall mean and refer to the PARKER RANCH HOMEOWNERS
ASSOCIATION, its successors and assigns.
Section 2. “Architectural Control Committee” shall mean and refer to the committee that is
established as the Architectural Control Committee pursuant to Article VI, Section 1.
Section 3. “Assessment” shall mean an assessment made or assessed against an Owner and
the Owner's Lot in accordance with the provisions of Article V of this Declaration.
Section 4. “Assessment Lien” shall mean the lien for an Assessment as established pursuant
to Article, V, Section 9, subsection C, of this Declaration.
Section 5. "Bylaws" shall mean the bylaws of the Association.
Section 6. "Board of Directors" or “Board” shall mean a governing body of the Association,
as hereinabove provided, elected pursuant to the provisions of the Declaration.
Section 7. "Common Area" shall mean all real property owned by the Association for the use
and enjoyment of the Owners and other occupants of Residences in the Properties. The Common Area
owned by the Association is described as follows: Parcel A and Parcel B as shown on the Map of Tract
No. 6526 and Parcel A, Parcel B, Parcel C and Parcel D as shown on the Map of Tract No. 6528. The
Common Area also includes that certain Sign and Landscaping Easement recorded July 6, 1992 in Book
M270, Page 0345, et seq., Document No. 11437532 Official Records of Santa Clara County, California
and those additional signage easements as described on those instruments recorded in the Official
Records of Santa Clara County, California as follows: June 28, 2005 as Document No. 18443903;
January 2, 2006 as Document No. 18753533 and on June 5, 2006 as Document No. 18961557.
Section 8. "Declaration" shall mean this Amended and Restated Declaration.
Section 9. “First Lender” shall mean a Mortgagee holding a First Mortgage on a Lot.
Section 10. “First Mortgage” shall mean a Mortgage held by a First Lender, being a Mortgage
that is senior to all of Mortgages on a Lot.
Section 11. "Governing Documents" means this Declaration and any other documents, such
as the Bylaws, the Rules of the Association, or the articles of incorporation which govern the operation
of the Properties or the Association.
Section 12. "Lot" shall mean and refer to any plot of land shown upon the recorded
subdivision map of the property with the exception of the Common Area.
Section 13. "Mortgage" shall mean and include a deed of trust as well as a mortgage in the
conventional sense.
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Section 14. "Mortgagee" shall mean and include a beneficiary under or holder of a deed of
trust as well as a mortgage.
Section 15. "Member" shall mean and refer to every person or entity that holds membership in
the Association.
Section 16. "Owner" shall mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to any Lot which is a part of the property, including contract sellers, but
excluding those having such interest merely as security for the payment of a debt or the performance of
an obligation.
Section 17. "Property" or “Properties” shall mean and refer to that certain real property
described in Recital Paragraph B and described on Exhibit “A” attached to this Amended and Restated
Declaration.
Section 18. “Reimbursement Charge” shall mean a Reimbursement Charge levied by the
Association on an Owner and the Owner's Lot in accordance with Article V, Section 10 of this
Declaration.
Section 19. “Regular Assessment” shall mean an Assessment levied on an Owner and the
Owner's Lot in accordance with Article V, Section 3, subsection A of this Declaration.
Section 20. “Residence” shall mean all of the residential buildings and other improvements
located on a Lot [other than the Common Area].
Section 21. "Rules" shall mean and refer to the rules adopted by the Association pursuant to
this Declaration.
Section 22. “Special Assessment” shall mean an Assessment levied on an Owner and the
Owner's Lot in accordance with Article V, Section 3, subsection B of this Declaration.
Section 23. "Structure" shall refer to any improvement erected or constructed on the property
with the exception of the improved street itself.
Section 24. “Trustee” shall refer to the trustee appointed or designated by the Association to
enforce Assessment Liens by sale as provided in Article V, Section 9 and California Civil Code Section
1367.1(b).
ARTICLE II BURDENS APPURTENANT TO PROPERTIES
Section 1. Upon the conveyance of any portion of the Property, including the conveyance of
each Lot, each grantee shall accept the same subject to the covenants, conditions and restrictions herein
and shall agree to be bound by the same. The burdens imposed by the covenants, conditions and
restrictions as amended by this Declaration are imposed upon each of the Lots, will constitute a general
scheme for the benefit of all Owners and will be imposed upon grantees by express covenants in deeds
they receive and shall constitute covenants running with the land or equitable servitudes on the land, as
the case may be, and are intended to be binding upon the future Owners of any interest in the Property.
Any breach or interference with any of the rights or benefits herein established may be enjoined or
abated by appropriate proceedings by the Association or any Owner.
Section 2. Failure to enforce any condition or covenant herein shall not constitute a waiver of
the right to do so thereafter.
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ARTICLE III PROPERTY RIGHTS
Section 1. Owner's Easements of Enjoyment: Every Owner shall have a right and easement of
enjoyment into the Common Area which shall be appurtenant to and shall pass with the title to every
Lot, subject to the following provisions:
(a) After written notice and the opportunity for a hearing before the Board, the right of
the Association to suspend the voting rights and right to use of the Common Area by an Owner for any
period during which any Assessment against his Lot remains unpaid; and for a period not to exceed six
(6) calendar months for any violation of this Declaration or any infraction of the Association’s
published rules and regulations.
(b) The right of the Association to dedicate or transfer all or any part of the Common
Area to any public agency, authority or utility for such purposes and subject to such conditions as may
be agreed to by the members. No such dedication or transfer shall be effective unless an instrument
signed by two-thirds (2/3) of the Members agreeing to such dedication or transfer has been recorded and
the written acceptance of the Agency to whom it is offered has been obtained.
Section 2. Delegation of Use: Any Owner may delegate, in accordance with the By-Laws, his
right of enjoyment to the Common Area and facilities (if constructed) to the members of his family, his
tenants, or contract purchasers who reside on the property.
Section 3. Other Easements:
(a) Easements for installation and maintenance of utilities and drainage facilities are
shown on the recorded map, as well as open space and scenic easements. Within these easements, no
structure, planting, or other material shall be placed or permitted to remain which may damage or
interfere with the installation and maintenance of utilities, or which may damage, interfere, or change
the direction of flow of drainage facilities in the easements. The easement area of each Lot and all
improvements in it shall be maintained continuously by the Owner of the Lot, or if in a Common Area,
by the Association, except for those improvements for which a public authority or utility company is
responsible.
(b) No dwelling unit and/or other structure of any kind shall be built, erected or
maintained upon any such easement, reservation, or right-of-way, and said easements, reservations and
rights-of-way shall at all times be open and accessible to public and quasi-public utility corporations,
and other persons erecting, constructing or servicing such utilities and quasi-utilities, all of whom shall
have the right to ingress and egress thereto and there-from, and the right and privilege of doing whatever
may be necessary in, under and upon said locations for the carrying out of any of the purposes of which
said easements, reservations and rights-of-way are hereby granted.
(c) Scenic Easement Agreement. The Agreement and Grant of Open Space Easements
(the “Open Space Agreement”), which includes an open space easement and a scenic easement, was
entered into between the City of Saratoga and the Original Declarant and was recorded on May 27, 1982
in Book G811, Page 151, et seq., Document No. 7375769 of the Official Records of Santa Clara
County, California. Said Open Space Agreement may be amended only with City of Saratoga
permission, and shall be enforced by the Association and may be enforced by the City of Saratoga, at the
City of Saratoga’s discretion. The Scenic Easement areas described in the Open Space Agreement or on
the Final Maps for Tract No. 6526 and Tract No. 6528 are to be kept open and free from buildings,
structures and other improvements except for the rights of the Association and/or the City under the
Open Space Agreement, this Declaration or any trail dedications that are accepted by the City.
Section 4. No Partition: There shall be no judicial partition of the Common Area nor shall any
person acquiring any interest in the Property or any part thereof seek any partition thereof.
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ARTICLE IV – ASSOCIATION; MEMBERSHIP AND VOTING RIGHTS
Section 1. Association to Own and Manage Common Areas: The Association shall own
and manage the Common Area and otherwise operate the Project in accordance with the provisions of
this Declaration, and the Articles and Bylaws. The Board of Directors of the Association is to operate
the Association in accordance with the provisions of the Bylaws unless the provisions of this
Declaration provide otherwise.
Section 2. Membership: The Owner of a Lot shall automatically, upon becoming the
Owner of same, be a Member of the Association, and shall remain a Member thereof until such time as
his ownership ceases for any reason. Membership shall be appurtenant to and may not be separated
from ownership of a Lot. Membership shall be held in accordance with the Articles and Bylaws.
Section 3. Transferred Membership: Membership in the Association shall not be trans-
ferred, encumbered, pledged, or alienated in any way, except upon the sale or encumbrance of the Lot to
which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the case of
an encumbrance of such Lot. On any transfer of title to an Owner's Lot, including a transfer on the death
of an Owner, membership passes automatically with title to the transferee. A Mortgagee does not have
membership rights until it obtains title to the Lot through Foreclosure or deed in lieu of Foreclosure.
Any attempt to make a prohibited transfer is void. No Member may resign his membership. On notice
of a transfer, the Association shall record the transfer on its books.
Section 4. Membership and Voting Rights: Every Owner of a Lot which is subject to
Assessments shall be a Member of the Association. Membership shall be appurtenant to and may not be
separated from ownership of any Lot which is subject to assessment. As more particularly provided in
the Bylaws, the Association shall have one class of membership. The rights, duties, obligations and
privileges of the Members shall be as set forth in the Articles, the Bylaws, this Declaration and the
Association’s Rules.
Section 5. Duties: In addition to the duties enumerated in its Bylaws, or elsewhere
provided for in this Declaration, and without limiting the generality thereof, the Association shall
perform the following duties:
(a) Maintenance. The Association shall maintain, repair, replace, restore, operate
and manage all of the Common Area as set forth in this Declaration.
(b) Insurance. The Association shall maintain such policy or policies of insurance
as are required by this Declaration, including:
(i) Property insurance covering the insurable replacement value of the
improvements within the Common Area to the extent that the Board determines obtaining such
insurance is reasonable, prudent and appropriate;
(ii) Liability insurance insuring the Association against any liability to the
public or to any Owner, their invitees or tenants incident to their occupation and/or use of the Common
Area, with limits of liability to be set by the Board, such limits and coverage to be reviewed at least
annually by the Board and increased or decreased at its discretion;
(iii) Workman's Compensation Insurance to the extent necessary to comply
with any applicable laws, and such other insurance as may be deemed necessary by the Board of
Directors of the Association;
(iv) Standard fidelity bonds covering all members of the Board of
Directors and all other employees of the Association in an amount which shall be determined by the
Board, as well as Officers and Directors liability insurance;
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(c) Discharge of Liens. The Association shall discharge by payment, if necessary,
any lien against the Common Area, and assess the cost thereof to the Member or Members responsible
for the existence of said lien.
(d) Assessments. The Association shall fix, levy, collect and enforce assessments
as set forth in Article V hereof.
(e) Payment of Expenses. The Association shall pay all expenses and obligations
incurred by the Association in the conduct of its business including, without limitation, all licenses,
taxes or governmental charges levied or imposed against the property of the Association.
(f) Enforcement. The Association shall enforce this Declaration to the extent that
the Board determines is reasonable, appropriate and prudent. The Association shall maintain and
operate the Common Area in accordance with all applicable municipal, state, and federal laws, statutes
and ordinances, as the case may be. The Association shall also, as a separate and distinct responsibility,
ensure that third parties (including Owners and their guests) utilize the Properties in accordance with
the aforementioned regulations. The Association shall, when it becomes aware of any violation of the
aforementioned regulations, expeditiously correct such violations to the extent that the Board
determines is reasonable, appropriate and prudent.
(g) Notification: The Board shall provide the City of Saratoga Planning
Department with a current address or post office box number for the Association.
Section 6. Powers: In addition to the powers enumerated in its Articles of Incorporation
and Bylaws, or elsewhere provided for herein, and without limiting the generality thereof, the
Association shall have the following powers:
(a) Easements. The Association shall have authority, by document signed or
approved by sixty-seven percent (67%) of the total voting power of the Association, to grant or convey
to any third person permits, licenses, rights of way and easements in addition to those shown on the
Map, in, on, over or under the Common Area for the purpose of constructing, erecting, operating or
maintaining thereon, therein or thereunder, roads, utilities, overhead or underground lines, cables,
wires, conduits, or other devices for electricity, cable television, power, telephone and other purposes,
public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas
lines or pipes, and any similar public or quasi-public improvements or facilities, and each purchaser in
accepting a deed to a Lot, expressly consents hereto.
(b) Manager. The Association may employ a manager and may employ other
persons and contract with independent contractors, who must be duly licensed when required by law, or
managing agents to perform all or any part of the duties and responsibilities of the Association, except
for the responsibility to levy fines, impose discipline, hold hearings, file suit, or make capital
expenditures.
(c) Adoption of Rules. The Board of Directors may adopt reasonable Rules not
inconsistent with this Declaration relating to the use of the Properties including the Common Area and
all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the
Properties and other Owners. The adoption of any Rules by the Board shall comply with the provisions
of Civil Code sections 1357.130 and 1357.140 as applicable to the Properties. Written copies of such
Rules and any schedule of fines and penalties adopted by the Board shall be furnished to Owners.
(d) Access. For the purpose of performing the maintenance authorized herein or
for any other purpose reasonably related to the performance by the Association or the Board of
Directors of their respective responsibilities, the Association's agents or employees shall have the right,
after reasonable written notice (not less than twenty-four (24) hours except in emergencies) to enter Lot
or the Common Area at reasonable hours. Such entry shall be made with as little inconvenience to the
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Owner as practicable and any damage caused thereby shall be repaired by the Board at the expense of
the Association.
(e) Assessments, Liens and Fines. The Association shall have the power to levy
and collect assessments in accordance with the provisions of Article V hereof. The Association may
impose fines or take disciplinary action against any Owner for failure to pay assessments or for
violation of any provision of the Declaration, Bylaws and/or the Association Rules. Penalties may
include but are not limited to: fines, temporary suspension of voting rights, or other appropriate
discipline, provided that the accused Member is given notice and the opportunity to be heard with
respect to the alleged violations before a decision to impose discipline is made.
(f) Enforcement. The Association shall have the authority to enforce this
Declaration as provided in Article IX, section 1 hereof.
(g) Acquisition and Disposition of Property. The Association shall have the
power to acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain,
convey, sell, lease, transfer, or otherwise dispose of real or personal property in connection with the
affairs of the Association. Any transfer of real property shall be by document signed or approved by
sixty-seven percent (67%) of the Members.
(h) Loans. The Association shall have the power to borrow money, and only with
the assent (by vote or written consent) of a majority of the total voting power of the Association, to
mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for
money borrowed or debts incurred. Borrowing of money by the Association shall require the assent (by
vote or written consent) of a majority of the total voting power of the Association except that the Board
may borrow on behalf of the Association up to twenty percent (20%) of the budgeted gross receipts of
the Association for the current fiscal year without a vote of the Members.
(i) Contracts. The Association shall have the power to contract for goods and/or
services for the Common Area, facilities and interests or for the Association, subject to limitations
elsewhere set forth in the Articles, Bylaws or this Declaration. The Association shall not enter into any
contract with an independent contractor until the independent contractor submits proof to the
Association that it has procured appropriate worker’s compensation insurance as required by law and
the Association receives adequate proof that the contractor is duly licensed as required by law, and that
the contactor has adequate liability insurance that names the Association as the Board deems
appropriate.
(j) Delegation. The Association, the Board, and the officers of the Association
shall have the power to delegate their authority and powers to committees, officers or employees of the
Association, or to a manager employed by the Association, provided that the Board shall not delegate its
responsibility:
(1) To make expenditures for capital additions or improvements
chargeable against the reserve funds;
(2) To conduct hearings concerning compliance by an Owner or the
Owner’s tenant, guest or invitee with the Declaration, Bylaws or Association Rules promulgated by the
Board;
(3) To make a decision to levy monetary fines, impose Special
Assessments against individual Residences, temporarily suspend an Owner's rights as a Member of the
Association or otherwise impose discipline;
(4) To make a decision to levy Regular Assessments or Special
Assessments; or
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(5) To make a decision to bring suit, record a claim of lien or institute
foreclosure proceedings for default in payment of assessments.
(k) Security. The Association shall have the power to contract for security service
for the Common Area.
(l) Appointment of Trustee. The Association, or the Board acting on behalf of the
Association, has the power to appoint or designate a Trustee to enforce Assessment Liens by sale as
provided in Article V, Section 9 and California Civil Code Section 1367.1(b).
(m) Other Powers. In addition to the powers contained herein, the Board may
exercise the powers granted to a nonprofit mutual benefit corporation under California Corporations
Code Section 7140.
ARTICLE V - COVENANT FOR MAINTENANCE ASSESSMENTS:
Section 1. Creation of the Lien and Personal Obligation of Assessments: Each
Owner of any Lot by acceptance of a deed for that Lot, whether or not it shall be so expressed in such
deed, covenants and agrees:
(1) to pay Regular Assessments, Special Assessments, and
Reimbursement Charges to the Association as established in this Declaration; and,
(2) to allow the Association to enforce any Assessment Lien established
under this Declaration by non-judicial proceedings under a power of sale or by any other means
authorized by law.
The Regular Assessments and Special Assessments, including Reimbursement Charges as
permitted under Article V, Section 10, together with interest, late charges, collection costs, and
reasonable attorneys' fees, shall be a charge on the Lot and shall be a continuing lien as an Assessment
Lien upon the Lot against which each such Assessment is made, the Assessment Lien to become
effective upon recordation of a Notice of Delinquent Assessment. Each Assessment, together with
interest, late charges, collection costs, and reasonable attorneys' fees, shall also be the personal
obligation of the person who was the Owner of such Lot at the time when the Assessment fell due. The
personal obligation for delinquent Assessments shall not pass to his successors in title unless expressly
assumed by them. No Owner shall be exempt from liability for payment of Assessments by waiver of
the use or enjoyment of any of the Common Areas or by the abandonment of the Owner’s Lot.
The interest of any Owner in the amounts paid pursuant to any Assessment upon the transfer of
ownership shall pass to the new Owner. Upon the termination of these covenants for any reason, any
amounts remaining from the collection of such Assessments after paying all amounts properly charged
against such Assessments shall be distributed to the then Owners on the same pro rata basis on which
the Assessments were collected.
Section 2. Purpose of Assessments: The Assessments levied by the Association shall be
used exclusively to promote the economic interests, recreation, health, safety, and welfare of all the
Owners and other residents in the Project and to enable the Association to perform its obligations under
this Declaration. The Assessments levied by the Association shall be used exclusively to promote the
recreation, health, safety and welfare of the Owners and other residents in the Properties and for the
maintenance and operation of the Common Area. Said Assessments shall include, and the Association
shall acquire and pay for out of the funds derived from the Regular Assessments for, the following:
(i) Water, sewer, garbage, electrical, lighting, telephone and gas and other
necessary utility service for the Common Area, if any;
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(ii) Property insurance, liability insurance, workman's compensation insurance,
fidelity bonds, officers and directors liability insurance and other insurance determined by the Board to
be appropriate for the Association;
(iii) Maintenance, repair, replacement and all landscaping of the Common Area
and such furnishings and equipment for the Common Area as the Association shall determine are
necessary and proper;
(iv) Planting, irrigation, and maintenance of the landscaping in the Common Areas,
including, but not limited to, graded slopes, erosion control plantings and drainage-ways (both surface
and sub-surface).
(v) Any other materials, supplies, furniture, labor, services, maintenance, repairs,
structural alterations, insurance, taxes or assessments which the Association is required to secure and/or
pay for pursuant to the terms of this Declaration or that is required by law or which in the opinion of the
Association’s Board of Directors shall be necessary or proper for the operation of the Common Area, or
for the benefit of the Lot Owners and/or their interest in the Common Area, or for the enforcement of
this Declaration.
Section 3. Assessments:
A. Regular Assessments: The Board shall establish and levy Regular
Assessments in an amount that the Board estimates will be sufficient to raise the funds needed to
perform the duties of the Association during each fiscal year, including a reasonable contingency.
Regular Assessments shall be made for a one-year period and collected in one annual installment. The
Regular Assessment as of the Effective Date of this Declaration shall be Four Hundred Forty One
Dollars ($441.00) per year subject to modification as herein provided by the Board and the Members.
B. Special Assessments: The Board, at any time, may levy a Special Assessment
in order to raise funds for unexpected operating or other costs, insufficient operating or reserve funds, or
such other purposes as the Board in its discretion considers appropriate. Special Assessments shall be
allocated among the Lots in the same manner as Regular Assessments, except in the case of an
Assessment levied by the Board against a Member to reimburse the Association for costs incurred in
bringing the Member and his Lot into compliance with provisions of the Governing Documents.
Section 4. Restrictions on Increases in Regular Assessments or Special Assessments:
A. Approval of Members for Certain Assessments. Except as provided in
subsection B of this Section 4, without having first obtained the approval of such action by the vote or
written assent of Members casting a majority of the votes at a meeting of the Association at which a
quorum is present, the Board may not: (1) impose a Regular Assessment on any Lot which is more than
twenty percent (20%) greater than the Regular Assessment for the immediately preceding fiscal year or
(2) levy a Special Assessment to defray the cost of any action or undertaking on behalf of the
Association which in the aggregate exceeds five percent (5%) of the budgeted gross expenses of the
Association for that fiscal year. For purposes of this Section 4, a "quorum" means Members
constituting more than fifty percent (50%) of the voting power of the Association. Any meeting of the
Association for purposes of complying with this Section 4 shall be conducted in accordance with
Chapter 5 (commencing with § 7510) of Part 3, Division 2 of Title 1 of the California Corporations
Code and § 7613 of the California Corporations Code. The right of the Board to increase Regular
Assessments by up to twenty percent (20%) over the Regular Assessment for the immediately
preceding fiscal year is subject to the Board having complied with the provisions of California Civil
Code § 1365(a), or having obtained the approval of such increase by the Members in the manner set
forth above in this Section 4.
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B. Assessments - Emergency Situations. Notwithstanding the foregoing, the
Board, without membership approval, may increase Regular Assessments or levy Special Assessments
necessary for an emergency situation in amounts that exceed the provisions of subsection A of this
Section 4, above. For purposes of this Section, an emergency situation is one of the following:
(1) an extraordinary expense required by an order of a court;
(2) an extraordinary expense necessary to repair or maintain the Project or
any part of it for which the Association is responsible where a threat to personal safety on the Project is
discovered; or,
(3) an extraordinary expense necessary to repair or maintain the Project or
any part of it for which the Association is responsible that could not have been reasonably foreseen by
the Board in preparing and distributing the pro forma operating budget, provided, however, that prior to
the imposition or collection of the Assessment, the Board shall pass a resolution containing written
findings as to the necessity of the extraordinary expense involved and why the expense was not or could
not have been reasonably foreseen in the budgeting process and the resolution shall be distributed to the
Members with the notice of the Assessment.
The Association shall provide notice by first-class mail to each Owner of any increase in the
Regular Assessments or Special Assessments of the Association, not less than thirty (30) nor more than
sixty (60) days prior to the increased Assessment becoming due.
This subsection B of Section 4 incorporates the statutory requirements of California Civil Code
§ 1366. If this Section of the California Civil Code is amended in any manner, this subsection B of
Section 4 shall be automatically amended in the same manner without the necessity of amending this
Declaration.
C. Notice for Any Action Authorized Under Section 4: Any action authorized
under this Section 4, which requires a vote of the membership, shall be taken at a meeting called for that
purpose, written notice of which shall be personally delivered or mailed to all Members not less than ten
(10) nor more than ninety (90) days in advance of the meeting specifying the place, day and hour of the
meeting and, in the case of a special meeting, the nature of the business to be undertaken. The action
may also be taken without a meeting pursuant to the provisions of California Corporations Code §7513.
Section 5. Division and Collection of Assessments: Both Regular Assessments and
Special Assessments shall be levied equally among the Lots. Regular Assessments shall be collected on
an annual basis unless the Board directs otherwise. Special Assessments may be collected in one (1)
payment or periodically as the Board shall direct.
Section 6. Due Dates: The Board of Directors shall use their best efforts to fix the
amount of the Regular Assessment against each Lot and send written notice thereof to every Owner at
least thirty (30) days in advance of each Regular Assessment period, provided that failure to comply
with the foregoing shall not affect the validity of any Assessment levied by the Board. The due dates
shall be established by the Board of Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the
Assessments on a specified Lot have been paid. Such a certificate stating that Assessments have been
paid shall be conclusive evidence of such payment.
Section 7. Effect of Nonpayment of Assessments: Any Assessment not paid within
fifteen (15) days after the due date shall be delinquent, shall bear interest at the rate of twelve percent
(12%) per annum from thirty (30) days after the due date until paid, and shall incur a late payment
charge in an amount to be set by the Board from time to time, not to exceed the maximum permitted by
applicable law.
Section 8. Transfer of Lot by Sale or Foreclosure: Sale or transfer of any Lot shall not
affect the Assessment Lien. However, the sale of any Lot pursuant to Foreclosure of a First Mortgage
shall extinguish the Assessment Lien of any Assessments on that Lot (including attorneys’ fees, late
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charges, or interest levied in connection therewith) as to payments which became due prior to such sale
or transfer (except for Assessment Liens as to which a Notice of Delinquent Assessment has been
recorded prior to the Mortgage). Any First Lender who obtains title to a Lot pursuant to remedies in the
Mortgage or through foreclosure will not be liable for the Lot’s unpaid regularly budgeted Assessment
accrued before acquisition of the title to the Lot by the First Lender, and will be liable for fees or costs
related to the collection of unpaid Assessments. No sale or transfer shall relieve such Lot from liability
for any Assessments becoming due after the foreclosure sale or from the lien thereof. The unpaid share
of such Assessments shall be deemed to be an expense of the Association collectible from all of the Lot
Owners including such acquirer, his successors or assigns. If a Lot is transferred, the grantor shall
remain liable to the Association for all unpaid Assessments against the Lot through and including the
date of the transfer. The grantee shall be entitled to a statement from the Association, dated as of the
date of transfer, setting forth the amount of the unpaid Assessments against the Lot to be transferred,
and the Lot shall not be subject to a lien for unpaid Assessments in excess of the amount set forth in the
statement, provided, however, the grantee shall be liable for any Assessments that become due after the
date of the transfer.
Section 9. Priorities; Enforcement; Remedies: If an Owner fails to pay an Assessment
when due, the Association has the right, and option, to bring legal action against the Owner to enforce
collection of the unpaid and past due Assessment, or may impose an Assessment Lien on the Lot owned
by Owner pursuant to the provisions of California Civil Code § 1367.1. Suit to recover a money
judgment for unpaid Assessments and attorneys’ fees, shall be maintainable without foreclosing or
waiving the lien securing the same. The Association shall distribute the written notice described in
subdivision (b) of California Civil Code § 1365.1 entitled “Notice Assessments and Foreclosure” to
each Member during the 60-day period immediately preceding the beginning of the Association's fiscal
year. The notice is to be printed in at least 12-point type.
A. Statement of Charges: At least thirty (30) days prior to the Association
recording an Assessment Lien upon a Lot pursuant to California Civil Code § 1367.1(a), the
Association shall notify the Owner of record in writing by certified mail of the following:
(1) A general description of the collection and lien enforcement
procedures of the Association and the method of calculation of the amount owed, a statement that the
Owner has the right to inspect the Association’s records, pursuant to Section 8333 of the Corporations
Code, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed:
"IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE
BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT
COURT ACTION".
(2) An itemized statement of the charges owed by the Owner, including
items on the statement which indicate the amount of any delinquent Assessments, the fees and
reasonable costs of collection, reasonable attorney's fees, any late charges, and interest, if any.
(3) A statement that the Owner shall not be liable to pay the charges,
interest, and costs of collection, if it is determined the Assessment was paid on time to the Association.
(4) The right to request a meeting with the Board as provided by
California Civil Code Section 1367.1(c)(3).
(5) The right to dispute the Assessment debt by submitting a written
request for dispute resolution to the Association pursuant to the Association's "meet and confer"
program required in Article 5 (commencing with Section 1363.810) of Chapter 4 of the California Civil
Code.
(6) The right to request alternative dispute resolution with a neutral third
party pursuant to Article 2 (commencing with Section 1369.510) of Chapter 7 of the California Civil
Code before the Association may initiate foreclosure against the Owner's Lot, except that binding
arbitration shall not be available if the Association intends to initiate a judicial foreclosure.
Note: Any payments made by the Owner toward the debt shall first be applied to the Assessments
owed, and, only after the Assessments owed are paid in full shall the payments be applied to the fees and
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costs of collection, attorneys’ fees, late charges, or interest. The Association need not accept any tender
of a partial payment of an Assessment and all costs and attorneys' fees attributable thereto. Acceptance
of any such tender does not waive the Association's right to demand and receive full payment. When an
Owner makes a payment, the Owner may request a receipt and the Association shall provide it. The
receipt shall indicate the date of payment and the person who received it. The Association shall provide
a mailing address for overnight payment of Assessments.
B. Payment Plan: An Owner may submit a written request to meet with the
Board to discuss a payment plan for the Assessment debt noticed pursuant to subsection 9.A of this
Section 4. The Association shall provide the Owner(s) the standards for payment plans, if any exist. The
Board shall meet with the Owner in an executive session within forty five (45) days of the postmark of
the request, if the request is mailed within fifteen (15) days of the date of the postmark of the notice,
unless there is no regularly scheduled Board meeting within that period, in which case the Board may
designate a committee of one or more Members to meet with the Owner. Payment plans may
incorporate any Assessments that accrue during the payment plan period. Payment plans shall not
impede the Association's ability to record a lien on the Owner's Lot to secure payment of delinquent
Assessments. Additional late fees shall not accrue during the payment plan period if the Owner is in
compliance with the terms of the payment plan. In the event of a default on any payment plan, the
Association may resume its efforts to collect the delinquent Assessments from the time prior to entering
into the payment plan.
C. Notice of Delinquent Assessment: After compliance with the provisions of
California Civil Code § 1367.1(a), the Association may record a Notice of Delinquent Assessment and
establish an Assessment Lien against the Lot of the delinquent Owner prior and superior to all other
liens recorded subsequent to recordation of the Notice of Delinquent Assessment, except (1) all taxes,
bonds, Assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge
of any First Mortgage of record recorded prior to recordation of the Notice of Delinquent Assessment.
The Notice of Delinquent Assessment shall include (i) an itemized statement of the charges owed by the
Owner described in Section 9.A(2), above, (ii) a description of the Lot against which the Assessment
and other sums are levied, the name of the record Owner, and (iii) the name and address of the Trustee
authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of
the Association or any management agent retained by the Association and shall be mailed by certified
mail to every person whose name is shown as an Owner of the Lot in the Association’s records no later
than ten (10) calendar days after recordation.
D. Lien Releases: Within twenty-one (21) days after payment of the sums
specified in the Notice of Delinquent Assessment, the Association shall record or cause to be recorded
in the Office of the County Recorder in which the Notice of Delinquent Assessment is recorded a lien
release or notice of rescission and provide the Owner a copy of the lien release or notice of rescission
that the delinquent Assessment has been satisfied.
E. Enforcement of Assessment Lien and Limitations on Foreclosure: The
collection by the Association of delinquent Regular Assessments or delinquent Special Assessments of
an amount less than one thousand eight hundred dollars ($1,800), not including any accelerated
Assessments, late charges, fees and costs of collection, attorney's fees, or interest, may not be enforced
through judicial or non-judicial foreclosure, but may be collected or secured in any of the following
ways:
(1) By a civil action in small claims court, pursuant to Chapter 5.5
(commencing with Section 116.110) of Title 1 of the California Code of Civil Procedure. If the
Association chooses to proceed by an action in small claims court, and prevails, the Association may
enforce the judgment as permitted under Article 8 (commencing with Section 116.810) of Title 1 of the
California Code of Civil Procedure. The amount that may be recovered in small claims court to collect
upon a debt for delinquent Assessments may not exceed the jurisdictional limits of the small claims
court and shall be the sum of the following:
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(a) The amount owed as of the date of filing the complaint in the
small claims court proceeding.
(b) In the discretion of the court, an additional amount to that
described in subparagraph (a) equal to the amount owed for the period from the date the complaint is
filed until satisfaction of the judgment, which total amount may include accruing unpaid Assessments
and any reasonable late charges, fees and costs of collection, attorney's fees, and interest, up to the
jurisdictional limits of the small claims court.
(c) By recording a lien on the Owner's Lot upon which the
Association may not foreclose until the amount of the delinquent Assessments secured by the lien,
exclusive of any accelerated Assessments, late charges, fees and costs of collection, attorney's fees, or
interest, equals or exceeds one thousand eight hundred dollars ($1,800) or the Assessments are more
than twelve (12) months delinquent. If the Association chooses to record a lien under these provisions,
prior to recording the lien, the Association shall offer the Owner and, if so requested by the Owner,
participate in dispute resolution as set forth in Article 5 (commencing with Section 1363.810) of
Chapter 4 of the California Civil Code.
(2) Any other manner provided by law, except for judicial or non-judicial
foreclosure.
F. Foreclosure: The Association may collect delinquent Regular Assessments or
delinquent Special Assessments of an amount of one thousand eight hundred dollars ($1,800) or more,
not including any accelerated Assessments, late charges, fees and costs of collection, attorney's fees, or
interest, or any Assessments that are more than twelve (12) months delinquent, using judicial or
non-judicial foreclosure subject to the following conditions:
(1) Prior to initiating a foreclosure on an Owner's separate interest, the
Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution
pursuant to the Association's "meet and confer" program required in California Civil Code Article 5
(commencing with Section 1363.810) of Chapter 4 of the California Civil Code or alternative dispute
resolution as set forth in California Civil Code Article 2 (commencing with Section 1369.510) of
Chapter 7 of the California Civil Code. The decision to pursue dispute resolution or a particular type of
alternative dispute resolution shall be the choice of the Owner, except that binding arbitration shall not
be available if the Association intends to initiate a judicial foreclosure.
(2) The decision to initiate Foreclosure of an Assessment Lien for
delinquent Assessments that has been validly recorded shall be made only by the Board and may not be
delegated to an agent of the Association. The Board shall approve the decision by a majority vote of the
Board Members in an executive session. The Board shall record the vote in the minutes of the next
meeting of the Board open to all Members. The Board shall maintain the confidentiality of the Owner or
Owners of the Lot by identifying the matter in the minutes by the Lot number of the property, rather
than the name of the Owner or Owners. A Board vote to approve foreclosure of a lien shall take place at
least thirty (30) days prior to any public sale.
(3) The Board shall provide notice by personal service to an Owner of a
Lot who occupies the Lot or to the Owner's legal representative, if the Board votes to foreclose upon the
Lot. The Board shall provide written notice to an Owner of a Lot who does not occupy the Lot by
first-class mail, postage prepaid, at the most current address shown on the books of the Association. In
the absence of written notification by the Owner to the Association, the address of the Owner's Lot may
be treated as the Owner's mailing address.
(4) A non-judicial foreclosure by the Association to collect upon a debt
for delinquent Assessments shall be subject to a right of redemption. The redemption period within
which the Lot may be redeemed from a foreclosure sale under this paragraph ends ninety (90) days after
the sale.
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In addition to the requirements of California Civil Code Section 2924, a notice of default shall
be served by the Association on the Owner's legal representative in accordance with the manner of
service of summons in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of
the California Code of Civil Procedure. Upon receipt of a written request by an Owner identifying a
secondary address for purposes of collection notices, the Association shall send additional copies of any
notices required by this Section to the secondary address provided. The Association shall notify Owners
of their right to submit secondary addresses to the Association, at the time the Association issues the pro
forma operating budget pursuant to California Civil Code Section 1365. The Owner's request shall be in
writing and shall be mailed to the Association in a manner that shall indicate the Association has
received it. The Owner may identify or change a secondary address at any time, provided that, if a
secondary address is identified or changed during the collection process, the Association shall only be
required to send notices to the indicated secondary address from the point the Association receives the
request.
G. Sale by Trustee: Any sale by the Trustee shall be conducted in accordance
with the provisions of §§ 2924, 2924b, 2924c, 2924f, 2924g, 2924h and 2924j of the California Civil
Code applicable to the exercise of powers of sale in mortgages and deeds of trust, including any
successor statutes thereto, or in any other manner permitted by law. The fees of a Trustee may not
exceed the amounts prescribed in California Civil Code §§ 2924c and 2924d. Nothing in this
Declaration shall preclude the Association from bringing an action directly against an Owner for breach
of the personal obligation to pay Assessments or from taking a deed in lieu of foreclosure.
H. Purchase By Association: The Association, acting on behalf of the Lot
Owners, shall have the power to bid for the Lot at a Foreclosure sale, and to acquire and hold, lease,
mortgage and convey the Lot. If the purchase of a Lot would result in a five percent (5%) or greater
increase in Assessments, the purchase shall require the vote or written consent of a majority of the total
voting power of the Association. During the period a Lot is owned by the Association, following
Foreclosure:
(1) no right to vote shall be exercised on behalf of the Lot;
(2) no Assessment shall be assessed or levied on the Lot; and,
(3) each other Lot shall be charged, in addition to its usual Assessment, its
share of the Assessment that would have been charged to such Lot had it not been acquired by the
Association as a result of Foreclosure.
After acquiring title to the Lot at Foreclosure sale following notice and publication, the
Association may execute, acknowledge and record a deed conveying title to the Lot which deed shall be
binding upon the Owners, successors, and all other parties.
I. Suspension of Voting Rights of Delinquent Owner: The Board may
temporarily suspend the voting rights of a Member who is in default in payment of any Assessment.
Any other discipline, fine, or penalty requires a notice to the Member and an opportunity for hearing
before the Board as provided in the Bylaws.
J. Fines and Penalties: In conformity with California Civil Code §1367.1(e),
fines and penalties imposed by the Association for violation of this Declaration as a disciplinary
measure for failure of an Owner to comply with this Declaration or the Rules, except for late payments,
are not “Assessments,” and are not enforceable by Assessment Lien, but are enforceable by court
proceedings; provided, however, pursuant to California Civil Code § 1367.1(d), monetary penalties
imposed by the Association to reimburse the Association for costs incurred for repair of damage to
Common Area or facilities for which the Owner of a Lot or other occupant(s) of the Lot were
responsible may become the subject of an Assessment Lien. In the event that California Civil Code
§1367.1(e) is amended to permit fines and penalties imposed by the Association for violation of this
Declaration as a disciplinary measure for failure of an Owner to comply with this Declaration or the
Rules to be enforceable by Assessment Lien, then this provision shall be deemed amended to conform
to any such amendment of California Civil Code §1367.1(e).
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The provisions of this Section 9 of Article V are intended to comply with the requirements of California
Civil Code Section 1367.1 in effect as of January 1, 2009. If these Sections are amended or rescinded in
any manner the provisions of this Section 9 automatically shall be amended or rescinded in the same
manner. [Note: California Civil Code Section 1367.1 may have been amended by the State Legislature,
and the Board should confirm the current statutory requirements.]
K. Reimbursement Charges: The Board may levy a Reimbursement Charge
against a Member to reimburse the Association for costs incurred by the Association in the repair of
damage to the Common Area and facilities for which the Member (or the Occupant for which the
Member is responsible) was responsible, and in bringing the Member and his Lot into compliance with
the provisions of the Governing Documents. The Reimbursement Charges shall be in the amount
required to reimburse the Association for the actual costs and expenses incurred to enforce the
Association’s rights under this Declaration. Reimbursement Charges shall be payable within thirty (30)
days after written notice from the Board to the Owner(s), unless the Board’s notice provides for a longer
time period for such payment. If an Owner disputes a Reimbursement Charge, the Owner may request a
hearing before the Board.
ARTICLE VI - USE RESTRICTIONS
Section 1. Architectural Control:
(a) No building, garage, fence, wall, retaining wall, or other structure of any kind shall be
erected, constructed, placed or maintained on said property, or any part thereof, nor shall any alteration,
addition, changing, remodeling, or adding to the exterior thereof be made, unless prior to the
commencement of any construction, excavation or other work, two complete sets of plans and
specifications therefore, including front, side and rear elevations and floor plans for each floor and
basement, and two plot plans indicating and fixing the exact location of such structures, or such altered
structure, on the residential building plot with reference to the street and side lines thereof, shall have
been first submitted in writing for approval and approved in writing by the Architectural Control
Committee or its duly authorized agent in accordance with applicable laws.
Approval of such plans, specifications and location of buildings by the Architectural Control
Committee or its duly appointed agent shall be endorsed on both sets of the said plans and specifications
and one set shall forthwith be returned by the Architectural Control Committee to the person submitting
the same to the Architectural Control Committee and the other shall be retained by the Architectural
Control Committee or its duly authorized agent.
(b) The approval by Architectural Control Committee of any plans or specifications
submitted for approval as herein specified shall not be deemed to be a waiver by the Architectural
Control Committee of the right to object to any of the features or elements embodied in such plans or
specifications if and when the same feature or elements are embodied in any subsequent plans or
specifications for approval for use on other Lots.
(c) After such plans and specifications and other data submitted have been approved by
Architectural Control Committee, no building, garage, fence, wall, retaining wall or other structure of
any kind shall be erected, constructed, placed, altered or maintained upon said property unless the same
shall be erected, constructed or altered in conformity with the plans and specifications and plot plan
theretofore approved by Architectural Control Committee, or its duly appointed agent, as hereinabove
provided in this Article VI, Section 1, and the subparagraphs thereof.
(d) If any building, garage, fence, wall, retaining wall or other structure of any kind is
erected, constructed, placed, altered or maintained upon a Lot, other than in accordance with the plans
and specifications and plot plan therefore approved by Architectural Control Committee, such erection,
construction, placing, alteration and maintenance shall be deemed to have been undertaken without the
approval of the Architectural Control Committee ever having obtained as required by this Declaration.
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(e) In the event Architectural Control Committee shall fail for a period of thirty (30) days
after written submittal is made to the Architectural Control Committee to (1) approve or disapprove any
plans, specifications or plot plans submitted to the Architectural Control Committee for approval, or (2)
provide a written notice that the submittal is not complete, the same shall be deemed to have been
approved or (3) make a ruling on a written complaint.
(f) Any agent of the Architectural Control Committee or officer of Association may at any
reasonable time enter and inspect any building or property subject to the jurisdiction of this Declaration
that is under construction or on or in which such agent or officer may believe that a violation of the
covenants, restrictions, reservations, servitudes or easements is occurring or has occurred.
(g) The Architectural Control Committee shall consist of the Board of Directors of the
Association, unless the Board of Directors determines and elects to appoint a separate and distinct
Architectural Control Committee.
(h) The Architectural Control Committee, if appointed, shall consist of three (3) members.
The Board shall have the power to appoint all of the members of the Architectural Control Committee.
Members appointed to the Architectural Control Committee must be Members of the Association. A
majority of the Architectural Control Committee may designate a representative to act for it. In the
event of death or resignation of any member of the Committee, the Board shall appoint a successor.
Neither the members of the Architectural Control Committee nor its designated representatives shall be
entitled to any compensation for services performed pursuant to this Declaration.
(i) No permission or approval shall be required to repaint in accordance with a color
scheme previously approved by the Board or the Architectural Control Committee, or to rebuild in
accordance with plans and specifications previously approved by the Board or by the Architectural
Control Committee. Nothing contained in this Subsection shall be construed to limit the right of an
Owner to paint the interior of the Residence any color desired.
(j) If the application is denied, the Board or the Architectural Control Committee shall
include an explanation of why the proposed change is disapproved and, in the case of a decision by the
Architectural Control Committee, a description of the procedure for reconsideration of the decision by
the Board. A Member whose application is denied by the Architectural Control Committee shall be
entitled to have the application reconsidered by the Board in an open meeting of the Board that satisfies
the requirements of Civil Code Section 1363.05 within thirty (30) days of the notice of denial. This
paragraph does not require reconsideration of a decision that is made by the Board of Directors or a
body that has the same membership as the Board of Directors.
(k) Approval of plans by the Architectural Control Committee or the Board shall in no way
make the Architectural Control Committee or its members or the Board or its members responsible for
or liable for the improvements built after approval of the plans, and the Owner whose plans are
approved shall defend, indemnify and hold the Architectural Control Committee, the Board, the
Association, and its members harmless from any and all liability arising out of such approval.
(l) Following the expiration of one (1) year from the date of completion of any structure or
alteration, such structure or alteration shall be deemed to comply with all of the provisions of this
Article VI, Section 1, and the subparagraphs thereof, unless a written notice of violation of this Article
VI, Section 1 has been received by the Board of Directors or has been recorded in the Office of the
County Recorder of Santa Clara County by the Board or any Owner or legal proceedings shall have
been instituted to enforce such compliance by the Association or any Owner before the expiration of
said one (1) year period.
(m) The Board may adopt Association Rules to establish standards and to implement a fair,
reasonable and expeditious procedure for decisions under this Article VI, Section 1, including prompt
deadlines to respond to an Owner’s application or any request for reconsideration by the Board. The
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Association Rules and the decisions of the Board or the Architectural Control Committee shall comply
with the provisions of Civil Code section 1378 and may not be unreasonable, arbitrary, or capricious.
(n) If the Architectural Control Committee or the Board has determined that an Owner has
constructed an improvement or made an alteration or modification to an improvement located on his
Lot that is not in compliance with the provisions of this Article VI, Section 1, or with an approval
granted in all material respects, and if the Owner fails to remedy such non-compliance in accordance
with provisions of a written notice of non-compliance from the Architectural Control Committee or the
Board, then after expiration of thirty (30) days from the date of such notification, the Association may
commence alternative dispute resolution procedures or commence legal action to compel removal. The
Association may also exercise any of its other applicable remedies under this Declaration, the Bylaws or
under California law. Any costs and expenses incurred by the Association in the discharge of its
responsibilities hereunder, including reasonable attorneys' fees and costs, fees of consultants and
experts, including but not limited to, architects and engineers, may be recovered by the Association
from the Owner by means of a Reimbursement Charge.
(o) The Association shall annually provide the Members with notice of the requirements
for Association approval of physical changes to the Properties. The notice shall describe the types of
changes that require Association approval, and shall include a copy of the procedure used to review and
approve or disapprove a proposed change.
Section 2. Land Use and Building Type: No Lot shall be used except for residential purpose.
No building shall be erected, altered, placed or permitted to remain on any Lot other than one detached
single-family Residence and permitted ancillary structures.
Section 3. Residence Size: The floor area of the main structure located on a Lot shall conform
to the requirements of the City in effect at the time the building permit was issued by the City for the
structure.
Section 4. Building Location: No building shall be located on any Lot nearer to the front line
or nearer to the side street line than the minimum building setback lines in accordance with the City of
Saratoga Ordinances. For the purpose of this covenant, overhangs, steps and open porches shall not be
considered as a part of a building, provided, however, that this shall not be construed to permit any
portion of a building on one Lot to encroach upon another Lot.
Section 5. Driveways: Driveways greater than 50 feet in length and private access roads shall
be maintained at all times in a condition acceptable to the Santa Clara County Central Fire District and
the City of Saratoga.
Section 6. Nuisances: No noxious or offensive activity shall be carried on upon any Lot or the
Common Area, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood.
Section 7. Temporary Structures: No structure of temporary character, trailer, basement, tent,
shack, garage, barn or other outbuilding shall be used on any Lot or the Common Area at any time as a
Residence either temporarily or permanently.
Section 8. Signs: No sign of any kind shall be displayed to the public view on any Lot or the
Common Area without the prior written consent of the Association except customary name and address
signs, and a “for sale” sign in accordance with Civil Code Sections 712 and 713 on a Lot, or on another
Owners' Lot with that Owners' consent, which “for sale” sign is reasonably located, in plain view of the
public, and is of reasonable dimensions and design and does not adversely affect public safety,
including traffic safety, advertising the property for sale, lease, or exchange, or advertising directions to
the property by the Owner or the Owner’s agent. Any such “for sale” sign shall be promptly removed
upon close of escrow and the site properly restored. A sign identifying a contractor undertaking
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construction or remodeling on a Lot shall be permitted if such sign is of reasonable dimensions and
design and does not adversely affect public safety, including traffic safety and such sign is promptly
removed upon completion of the work.
Section 9. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised,
bred or kept on any Lot or the Common Area. Dogs, cats or other household pets may be kept on Lots
provided that they are not kept, bred or maintained for any commercial purpose.
Section 10. Garbage and Refuse Disposal: No Lot or the Common Area shall be used or
maintained as a dumping ground for rubbish. Trash, garbage or other waste shall only be kept in
sanitary containers. All equipment and containers for the storage or disposal of such material shall be
kept in a clean and sanitary condition which equipment and containers shall be placed in garages or
otherwise appropriately screened from public view. Garbage and trash containers may be placed for
collection outside of the storage location no more than twenty-four (24) hours in advance of the
collection time, and must be removed within twenty-four (24) hours after the collection activity is
completed.
Section 11. Oil and Mining Operations: No oil drilling, oil development operations, oil
refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot or the
Common Area, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in
any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
Section 12. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which
obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be permitted to remain
on any corner Lot within the triangular area formed by the street property lines and a line connecting
them at points of 25 feet from the intersection of ther street lines, or in the case of a rounded property
corner from the intersection of the street if said property lines are extended. The same sight line
limitations shall apply on any Lot within 10 feet from the intersection of a street property line with the
edge of a driveway or alley pavement. No tree shall be permitted to remain within sufficient height to
obstruct such sight lines.
Section 13. Vehicles: No trailer and/or boat, and/or truck and/or inoperative automobile shall
be kept or stored on:
(a) Any Lot unless enclosed within a carport or garage, or unless it is kept or stored on the
rear 50 feet of the Lot and is not visible from the street; or
(b) the Common Area.
Section 14. Antennas, Towers, Poles or Structures: No antennas, towers, poles, satellite dishes
or any structure to be used for the purpose of receiving radio, television or related signals with the
exception of equipment installed by a duly licensed cable television franchisee, or its successors or
assigns, shall be installed, affixed, mounted or constructed on any Lot so as to be visible to the public
view. Any variation from this covenant shall be subject to review by the Board. Notwithstanding Article
VI, Section 1 of this Declaration and this Section 14, the Board and/or the Architectural Control
Committee shall authorize the installation of antennas or satellite dishes as required by applicable
California and federal laws and regulations. However, such installations are subject to such reasonable
safety rules and reasonable preferred location rules as may be adopted by the Board and/or the
Architectural Control Committee. The installation of any antenna or satellite dish authorized by this
Section 14 shall be subject to the architectural standards which may be adopted by the Board or the
Architectural Control Committee pursuant to this Declaration that comply with applicable laws.
Section 15. Erosion Control Areas: Within the slope areas, no structure, planting or other
material shall be placed or permitted to remain or other activities undertaken which may damage or
interfere with or change the direction of flow of drainage channels or obstruct or retard the flow of water
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through drainage channels. The erosion control and sloped areas of each Lot and all improvements in
them shall be maintained continuously by the Owner of the Lot.
Section 16. Common Area Alteration or Construction: Nothing shall be altered or constructed
in or removed from the Common Area except upon the written consent of the Association and the
written approval by the City of Saratoga.
Section 17. Insurance: Nothing shall be done or kept on the Common Area which shall
increase the rate of insurance relating thereto without prior written consent of the Association, and no
Owner shall permit anything to be done or kept on the Common Area which would result in the
cancellation of insurance on any part of the Common Area or which would be in violation of any
applicable law.
Section 18. Front Yard Landscaping: The front yard area of each Lot shall be landscaped in
an appropriate manner as befits the Project. Each Owner agrees to maintain landscaping within the
front area of his Lot in good condition in a manner that conforms to the standards for front yard
landscaping maintenance that generally prevails in the City of Saratoga. The front area of a Lot shall
be defined as that portion of the Lot commencing at the curb line and extending to the front of the
Residence located on the Lot.
ARTICLE VII - OBLIGATION TO REBUILD
Section 1. Damage and Destruction Affecting Residences - Duty to Rebuild: If all or any
portion of any Residence is damaged or destroyed by fire or casualty, it shall be the duty of the Owner of
said Residence to rebuild, repair or reconstruct said Residence in a manner which will restore it
substantially to its appearance and condition immediately prior to the casualty.
Section 2. Variance in Exterior Appearance and Design: Any Owner of a Residence which
has suffered damage may alter the exterior appearance of the damaged Residence subject to the Owner
applying for and obtaining the approval by the Board, or the Architectural Control Committee, or its
duly authorized agent pursuant to Article VI, Section 1, and the subparagraphs thereof, of any
reconstruction, rebuilding, or repair of his Residence which will change the exterior appearance and
design from that which existed prior to the date of the casualty. Application for such approval shall be
made in writing together with full and complete plans, specifications, working drawings and elevations
showing the proposed reconstruction and the end result thereof. The Board, or the Architectural Control
Committee, or its duly authorized agent, shall grant such approval only if the design proposed by the
Owner would result in a finished Residence in harmony of exterior design with other Residences on the
properties. Failure of the Board, or the Architectural Control Committee, or its duly authorized agent, to
act within thirty (30) days after receipt of such a request in writing coupled with drawings and plot plans
showing the full and complete nature of the proposed change shall constitute approval thereof.
Section 3. Time Limitation: The Owner of any damaged Residence shall be obligated to
proceed with all due diligence hereunder. The Owner shall apply for a building permit for
reconstruction within twelve (12) months after the damage occurs and commence reconstruction within
twelve (12) months after the City issues the building permit for reconstruction and shall complete
reconstruction within twenty four (24) months after the City issues the building permit for
reconstruction, unless prevented by causes beyond their reasonable control.
Section 4. Individual Insurance: Each Owner shall carry property (fire and homeowners)
insurance for one hundred percent (100%) of current replacement cost of all improvements including
the Residence on said Owner’s Lot, with reasonable and appropriate deductibles.
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ARTICLE VIII - CITY IMPOSED CONDITIONS
Section 1. Maintenance Covenant and Enforceability: The Association shall cause the
Common Area, including the landscaping and improvements thereon, to be maintained in good and
orderly condition, repair and maintenance (including, but without limitations of the foregoing, the
replanting and replacing of any trees that may become diseased, destroyed or dead; maintenance of the
earth surface and slopes - both natural and man-made - including subdrains, maintenance of natural
vegetation in the Common Area, repair and maintenance of all drainways natural and man-made,
surface and subsurface - and appurtenate structures, repair and maintenance of private retaining walls
and repair and maintenance of silt retention structures and devices; but not including public street
improvements from back of curb to back of curb, and the earth subgrade therefore, nor public storm
drain conduits and inlet/outlet structures within the outside perimeter of the conduit)to the standards of
acceptability of the City of Saratoga. The Association shall undertake to enforce the obligations of the
Owners to maintain the landscaping and improvements on the Lots in accordance with the standards
stated in this Declaration. In the event the Association fails or refuses to properly keep and maintain
said landscaping and improvements as herein provided, the City shall have the right, but not the
obligation, to cause said upkeep and maintenance to be furnished and to record a lien against the
properties for the amount of costs and expenses incurred by the City in furnishing said maintenance.
Such lien may be enforced by the City in a civil action brought in any court of competent jurisdiction,
or, in the alternative, may be assessed against the properties as a special assessment and collected by the
City (all provisions of law relating to tax delinquency being expressly made applicable thereto).
Section 2. Pools: No pools (except spas) may be constructed or permitted to exist in:
(a) Tract 6528 on Lots 12, 14, 15, 20, 32, 33, 34, 37, 39, 40, 42, 43, 51, 52, 53, 54, 62, 63,
64, 65, 66, 67, 68, 72, and 75;
(b) Parcel J as shown on-the Parcel Map filed for record on July 1, 1982 in Book 504 of
Maps, Page 5, Santa Clara County Records;
(c) Parcels M and N as shown on the Parcel Map filed for record on May 25, 1983 in
Book 513 of Maps, Page 17 in Santa Clara County Records;
(d) Parcel E as shown on the Parcel Map filed for record on September 1, 1982 in Book
504 of Maps, page 8 in Santa Clara County Records.
(e) Pools on the remaining Lots are to be placed on slopes of 30% or less and will be
subject to City Staff design review to insure correct placement in relation to trees and slope. Decisions
of said City Staff may be appealed to the Planning Commission through the Design Review process.
The approvals for pools on Lots 8, 21, Parcels F, L and K are to be reviewed and approved by the
Planning Commission at the time of the Design Review of the main Residence.
Section 3. Recreation Courts: No recreation courts may be constructed or permitted to exist
on any Lot.
Section 4. Design Approval: Construction and remodeling of Residences requires Design
Review Approval by the City as well as review by the Board or Architectural Control Committee
pursuant to Article VI, Section 1, and the subparagraphs thereof.
Section 5. Fences and Walls: Fences, walls and hedges may be constructed or planted
subject to the following rules as adopted by the Saratoga Planning Commission:
A. No more than 50% of a Lot area, exclusive of any portions designated as open
space, may be enclosed by a fence.
B. No solid Fencing shall be permitted as stipulated in Section 15-29.020 of the
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Saratoga city Code (which permits 60 feet of solid fencing to provide privacy).
C. All fence enclosures greater than 50% of the Lot area in existence as of August 8,
1990, may be approved by the Planning Director. Future requests for fence
enclosures exceeding 50% of the Lot area shall be reviewed and approved by the
Planning Commission as a modification to the approved fence plan.
D. All fences shall be set back a minimum of twenty (20) feet from property lines,
except that fences shall be set back thirty (30) feet from the front property line
(the street side).
E. All proposed fence plans shall be submitted to the Planning Director of the City
of Saratoga and to the Board or the Architectural Control Committee for review
and approval.
F. Prior to the Director's approval of the fence plan, a comprehensive landscape
plan shall be reviewed and approved by the Planning Director. Landscaping shall
include indigenous and drought tolerant species that will be complementary to
the vegetation currently within the open space areas. Upon completion of the
fence and landscaping, the Director shall conduct an inspection to insure
satisfactory completion of the landscape plan.
G. Fence styles deemed approved shall be limited to black wrought iron fencing
with no spikes or pointed edges, wood frame fencing with wire mesh and open
wood slat fencing.
H. No fences shall be contiguous with any neighboring fences.
I. Side and rear yard fencing may be located on property line with no setbacks
when such fencing is adjacent to dedicated open space.
ARTICLE IX - GENERAL PROVISIONS
Section 1. Enforcement: The Association, the City, and any Owner, shall have the right to
enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens
and charges now or hereafter imposed by the provisions of this Declaration. The prevailing party in any
action brought under to enforce or interpret this Declaration shall be entitled to recover its court costs
and attorneys' fees in addition to any other judgment or order that is sought.
(a) Disputes between the Association and any Member of the Association shall be
resolved in accordance with the requirements of Civil Code sections 1363.810 - §1363.840.
(b) Neither the Association nor any Owner or a Member may file an enforcement
action in the superior court unless the parties have endeavored to submit their dispute to alternative
dispute resolution pursuant to the provisions of Civil Code Sections 1369.510-1369.590. This section
applies only to an enforcement action that is solely for declaratory, injunctive, or writ relief, or for that
relief in conjunction with a claim for monetary damages not in excess of the jurisdictional limits stated
in Sections 116.220 and 116.221 of the Code of Civil Procedure as may be amended from time to time.
This section does not apply to a small claims action. This section does not apply to an assessment
dispute except as otherwise provided by law.
The Association shall annually provide the Members a summary of the provisions of this Section that
specifically references Civil Code Sections 1369.510-1369.590. The summary shall include the
following language: “Failure of a Member of the Association to comply with the alternative dispute
resolution requirements of Section 1369.520 of the Civil Code may result in the loss of your right to sue
the Association or another Member of the Association regarding enforcement of the governing
documents or the applicable law.” The summary shall be provided either at the time the pro forma
budget required by Section 1365 is distributed or in the manner prescribed in Section 5016 of the
Corporations Code. The summary shall include a description of the Association’s internal dispute
resolution process as required by Civil Code Section 1363.850.
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Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment
or court order shall in no way affect any provisions which shall remain in full force and affect.
Section 3. Term and Amendment: The covenants and restrictions of this Declaration shall run
with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the
Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors
and assigns, until and unless amended, terminated or repealed by the requisite vote of the Owners. This
Declaration may be amended, terminated or repealed, subject to Section 5 of this Article IX, by the vote
by secret written ballot of not less than seventy-five percent (75) of the Owners and the written consent
of the City of Saratoga. Any such amendment, termination or repeal shall be effective when (1) signed
by the President or other duly authorized representatives of the Association certifying that the requisite
votes and consents were duly obtained for such amendment, termination or repeal as required by
applicable law and (2) such amendment, termination or repeal is recorded in the Official Records of
Santa Clara County to become effective.
Section 4. Notices:
(a) Mailing Addresses. Any communication or notice of any kind permitted or
required herein shall be in writing and may be served, as an alternative to personal service, by mailing
the same as follows:
If to any Owner: To the street address of the Owner's Lot or to such other
address as the Owner may from time to time designate in writing to the Association, consistent with
subsection (b) of this Section 4 of Article IX of this Declaration.
If to the Association: At such address as the Board may, from time to time,
designate by resolution.
If to a Mortgagee: To the last known address of the Mortgagee as shown in the
Official Records of Santa Clara County or as specifically designated by the Mortgagee, in written notice
to the Association.
(b) Personal Service Upon Co-Owners and Others. Personal service of a notice or
demand to one of the co-owners of any Lot, to any general partner of a partnership which is the Owner
of record of the Lot, or to any officer or agent for service of process of a corporation which is the Owner
of record of the Lot, shall be deemed delivered to all such co-owners, to such partnership, or to such
corporation, as the case may be.
(c) Deposit in U. S. Mails. All notices and demands served by mail shall be by
first-class mail, with postage prepaid, and shall be deemed delivered seventy-two (72) hours after
deposit in the United States mail in Santa Clara County, California.
Section 5. Rights of Mortgagees/Lenders: No breach of any of the covenants, conditions and
restrictions contained in this Declaration, nor the enforcement of any of its lien provisions, shall render
invalid the lien of any Mortgagee on any Lot made in good faith and for value, but all of those
covenants, conditions and restrictions shall be binding upon and effective against any Owner whose
title is derived through foreclosure or Trustee’s sale, or otherwise. Notwithstanding any provision in
the Governing Documents to the contrary, First Lenders (meaning those Mortgagee’s holding first
Mortgages on Lots) shall have the following rights:
(a) Amendments:
(1) No amendments to this Declaration may change or eliminate any of
the rights of First Lenders unless approved by at least fifty-one percent (51%) of First Lenders (based on
one (1) vote for each First Mortgage owned);
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(2) any action to terminate the legal status of the Project shall require
approval of at least fifty-one percent (51%) of First Lenders (based on one (1) vote for each First
Mortgage owned); and,
(3) Implied approval may be assumed when a Mortgagee fails to submit a
response to any written proposal for an amendment within sixty (60) days after the Mortgagee actually
receives proper notice of the proposal, provided the notice was delivered by certified or registered mail,
with a “return receipt” requested.
(b) First Lenders Rights Confirmed: Any First Lender who comes into possession
of the Lot by virtue of Foreclosure of the Mortgage, or any purchaser at a Foreclosure, will take the Lot
free of any claims for unpaid Assessments and fees, late charges, fines or interest levied in connection
with such claims, against the Lot prior to the time such First Lender or purchaser at a foreclosure takes
title to the Lot, except for fees or costs related to the collection of the unpaid Assessments, claims for a
pro rata share of such Assessments or charges to all Lots including the mortgaged Lot, and except for
Assessment Liens as to which a Notice of Delinquent Assessment has been recorded prior to the
Mortgage.
(c) Distribution of Proceeds of Insurance, Condemnation or Termination: No
provision of the Governing Documents gives an Owner, or any other party, priority over any rights of
First Lenders in the case of a distribution to Owners of proceeds of termination or any insurance
proceeds or condemnation awards for losses to or taking of Lots and/or Common Area.
Section 6. Notification of Sale: Concurrently with the consummation of the sale of any Lot
under circumstances where the transferee becomes an Owner of the Lot, or within five (5) business days
thereafter, the transferee shall notify the Association in writing of such sale. Such notification shall set
forth the name of the transferee and the Owner’s Mortgagee and transferor, the common address of the
Lot purchased by the transferee, the transferee's and the Mortgagee's mailing address, and the date of
sale. Before the receipt of such notification, any and all communications required or permitted to be
given by the Association, the Board, or the Association Manager shall be deemed to be duly made and
given to the transferee if duly and timely made and given to the transferee's transferor. Mailing
addresses may be changed at any time upon written notification to the Association. Notices shall be
deemed received seventy-two (72) hours after mailing if mailed to the transferee, or to the transferee’s
transferor if the Association has received no notice of transfer as above provided.
This undersigned hereby certify pursuant to Section 1355 of the California Civil Code that, in
accordance with the provisions of Section 3 of Article X of the Original Declaration, this Amended and
Restated Declaration has been approved by the affirmative vote of the seventy five per cent (75%) of the
Lot Owners.
IN WITNESS WHEREOF, the undersigned, being the President and Secretary of the Parker Ranch
Homeowners Association, a California non-profit mutual benefit corporation, have executed this
Amended and Restated Declaration of Covenants, Conditions and Restrictions for Parker Ranch
on ________________________, 2009.
Parker Ranch Homeowners Association
__________________________________
__________________________________
President
__________________________________
__________________________________
Secretary
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STATE OF CALIFORNIA )
) SS
COUNTY OF ___________________ )
On _________________________200__ before me, _____________________________, Notary
Public, personally appeared_______________________________ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
___________________________
(Signature)
[Seal]
STATE OF CALIFORNIA )
) SS
COUNTY OF ___________________ )
On _________________________200__ before me, _____________________________, Notary
Public, personally appeared_______________________________ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
___________________________
(Signature)
[Seal]
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Consent of City of Saratoga
The City of Saratoga hereby consents to the foregoing Amended and Restated Declaration of
Covenants, Conditions and Restrictions for Parker Ranch.
Dated: ___________, 2009
City of Saratoga
By: __________________________________
__________________________________
Its: _______________________________
STATE OF CALIFORNIA )
) SS
COUNTY OF ___________________ )
On _________________________200__ before me, _____________________________, Notary
Public, personally appeared_______________________________ who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.
Witness my hand and official seal.
___________________________
(Signature)
[Seal]
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EXHIBIT “A”
THE PROPERTIES
All that real property located in the City of Saratoga, County of Santa Clara as follows: Tract
No. 6526 recorded on August 23, 1979 in Book 448 of Maps, at Pages 25 to 27; Tract No. 6528
recorded on May 3, 1982 in Book 499 of Maps, at Pages 35 to 41; Parcels A, B, C, D, E, F, G,
H, I and J as shown on the Parcel Map recorded September 1, 1982 in Book 504 of Maps, Pages
6-7; Parcel K as shown on the Parcel Map recorded on March 3, 1983 in Book 509 of Maps, at
Pages 49; Parcel L as shown on the Parcel Map recorded March 7, 1983 in Book 409 of Maps,
at Page 47; Parcels M and N as shown on the Parcel Map recorded May 25, 1983 in Book 513
of Maps, at Page 17 and Parcels P and Q as shown on the Parcel Map recorded November 12,
1985 in Book 551 of Maps, at Page 31.
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SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Annual Approval of the City’s Investment Policy - for Fiscal Year 2009/10
RECOMMENDED ACTION
For the City Council to review and approve the Investment Policy for Fiscal Year 2009/10.
REPORT SUMMARY
California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section 2-20.035,
and Section 16.0 of the City of Saratoga Investment Policy require the City Council to annually review and
approve the City’s Investment Policy.
The Investment Policy lays the foundation for the City’s investment management functions. It serves as a
guide for setting and achieving investment objectives, defines rules and established benchmarks, prohibits
and/or restricts investment instruments, and reduces the exposure to liability by both staff and City
Council. Compliance with the investment policy is an element of fiscal discipline considered by the City’s
auditors and rating agencies during their respective reviews.
The City’s investment policy establishes a wide array of authorized and suitable investments in
alignment with State government code; however the City’s ongoing practice is to restrict investments
to the Local Agency Investment Fund (LAIF). LAIF began in 1977 as an investment alternative for
California's local governments and special districts to offer governmental agencies the opportunity to
participate in a major portfolio which invests hundreds of millions of dollars annually, using the
investment expertise of the State’s Treasurer’s Office investment staff at no cost to participating
agencies. As LAIF is governed by conservative investment practices, earnings may provide slightly
lower returns than actively managed bond investment portfolios during a healthy economy, however
LAIF is a safe and proven investment strategy which has historically protected the City against
investment losses during economic downturns, and continues to provide quarterly interest earnings in a
well diversified and expertly managed portfolio.
Under protection by state and federal laws, funds placed on deposit in LAIF are not subject to use by,
borrowing of, or impoundment or seizure by any state official or state agency. The Treasurer’s Office
also maintains Investment Protection Standards that set principles for the investment banks and broker-
dealers to protect investors.
Last year, at the June 18, 2008 Council Meeting, the City Council approved the Investment Policy in its current
version. There are no changes recommended to that investment policy this fiscal year. The policy is modeled on
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the policy approved by the Association of Public Treasurers of the United States and Canada (APT US&C) in
August 2002.
FISCAL IMPACTS
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with State and Local regulations.
ALTERNATIVE ACTION
Direct Staff to make changes to the Investment Policy and return at the next meeting.
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A: Investment Policy
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Attachment A
City of Saratoga
INVESTMENT POLICY FOR THE FISCAL YEAR 2009/10
1.0 Policy:
It is the policy of the City of Saratoga to invest public funds in a manner which will provide the
maximum security with the highest investment return, while meeting the daily cash flow demands of the
City and conforming to all state and local statutes governing the investment of public funds.
2.0 Scope:
This investment policy applies to all financial assets of the City of Saratoga. These funds are accounted
for in the City of Saratoga's Comprehensive Annual Financial Report and include:
2.1 Funds:
2.1.1 General Fund
2.1.2 Special Revenue Funds
2.1.3 Capital Project Funds
2.1.4 Debt Service Funds
2.1.5 Trust and Agency Funds
2.1.6 Any new fund, unless specifically exempted
2.2 Exceptions: The following financial assets are excluded:
2.2.1 Deferred Compensation Plans-Investments are directed by the individual plan
participants.
2.2.2 Debt Service Funds Held by Trustees-Investments is placed in accordance with bond
indenture provisions.
2.2.3 Notes and Loans-Investments are authorized by separate agreements approved by City
Council.
3.0 Prudence:
Investments shall be made with judgment and care--under circumstances then prevailing--which persons
of prudence, discretion and intelligence exercise in the management of their own affairs, not for
speculation, but for investments, considering the probable safety of their capital as well as the probable
income to be derived.
3.1 The standard of prudence to be used by investment officials shall be the "prudent person" standard
and shall be applied in the context of managing an overall portfolio. Investment officers acting in
accordance with written procedures and this investment policy and exercising due diligence shall be
relieved of personal responsibility for an individual security's credit risk or market price changes,
provided deviations from expectations are reported in a timely fashion and appropriate action is
taken to control adverse developments.
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4.0 Objectives:
The primary objectives, in priority order, of the City of Saratoga's investment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the
City of Saratoga shall be undertaken in a manner that seeks to ensure the preservation of capital in
the overall portfolio. The objectives will be to mitigate credit risk and market risk.
a. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be
mitigated by investing only in investment grade securities and by diversifying the investment
portfolio so that potential losses on individual securities will have a minimal impact on the
portfolio.
b. Market risk, defined as market value fluctuations due to overall changes in the general level
of interest rates, shall be mitigated by limiting the average maturity of the City’s investment
portfolio to two years and the maximum maturity of any one security to five years, and by
structuring the portfolio based on cash flow analysis so as to avoid the need to sell securities
prior to maturity.
4.2 Liquidity: The City of Saratoga's investment portfolio will remain sufficiently liquid to enable the
City of Saratoga to meet all operating requirements, which might be reasonably anticipated.
4.3 Return on Investments: The City of Saratoga's investment portfolio shall be designed with the
objective of attaining a rate of return throughout budgetary and economic cycles, commensurate
with the City of Saratoga's investment risk constraints and the cash flow characteristics of the
portfolio.
5.0 Delegation of Authority:
Authority to manage the City of Saratoga's investment program is derived from the following: California
Government Code Section 53600 et seq. and Saratoga Municipal Code Section 2-20.035. Management
responsibility for the investment program is hereby delegated to the City Manager who shall be
responsible for supervising all treasury activities of the Administrative Services Director and who shall
establish written procedures for the operation of the investment program consistent with this investment
policy. Procedures should include reference to: safekeeping, delivery vs. payment, investment
accounting, wire transfer agreements, banking service contracts and collateral/depository agreements.
Such procedures shall include explicit delegations of authority to persons responsible for investment
transactions. No person may engage in investment transactions except as provided under the terms of
this policy and the procedures established by the City Manager. The City Manager shall be responsible
for all transactions undertaken and shall establish a system of controls to regulate the activities of
subordinate officials.
6.0 Ethics and Conflicts of Interest:
Officers and employees involved in the investment process shall refrain from personal business activity
that could conflict with proper execution of the investment program, or which could impair their ability
to make impartial investment decisions. These officers and employees involved in the investment process
shall disclose to the City Manager any material financial interests in financial institutions that conduct
business with the City. Employees and investment officials shall refrain from undertaking personal
investment transactions with individuals with who business is conducted on behalf of the City of
Saratoga.
7.0 Authorized Financial Dealers and Institutions:
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The City Manager will maintain a list of financial institutions authorized to provide investment services
to the City. In addition, a list will also be maintained of approved security broker/dealers selected by
credit worthiness and who are authorized to provide investment services in the State of California. These
may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission
Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public
depository as established by state laws.
All financial institutions and broker/dealers who desire to become qualified bidders for investment
transactions must supply the City Manager with the following: personal interview, firm description and
audited financial statements, proof of National Association of Securities Dealers (NASD) certification,
proof of State of California registration, completed broker/dealer questionnaire and certification of
having read the City of Saratoga's investment policy and applicable depository contracts.
An annual review of the financial condition and registrations of qualified bidders will be conducted by
the City Manager.
A current audited financial statement is required to be on file for each financial institution and
broker/dealer with which the City of Saratoga invests prior to any transaction.
8.0 Authorized and Suitable Investments:
The City of Saratoga is empowered by Government Code Section 53601, and further limited by this
investment policy, to invest in the following types of securities:
Type Guarantee Limits
Term to
Maturity
LAIF State Fund $40,000,000 On Demand
U.S. Treasury Bills U.S. Treasury No Limit 1 Year
U.S. Treasury Notes U.S. Treasury No Limit 5 Years
U.S. Govt. Agency Issues (e.g. FNMA,
GNMA)
Federal
Agencies
No Limit 5 Years
Certificates of Deposit (California Bank
or Savings & Loan Companies)
FDIC/FSLIC
and Collateral
20% portfolio per institution;
30% total portfolio
3 Years
Negotiable Certificates of Deposit Issuing
Institution
20% portfolio per institution;
30% total portfolio
5 Years
Investment Grade Obligations of
California, or Local Governments, or
Public Agencies
Public Entity 20% portfolio per institution;
30% total portfolio
5 Years
Money Market Mutual Funds Fund 10% portfolio per institution;
20% total portfolio
On Demand
Passbook Savings Account and Demand
Deposit
Issuing Bank Minimum necessary for
current cash flow
On Demand
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The City shall not engage in leveraged investing, such as margin accounts, or any form of borrowing for
the purpose of investing.
The City shall not invest in instruments whose principal and interest could be at risk contrary to Section
4.1 of this policy. Examples of these instruments are options and future contracts.
The City shall not invest in "derivatives".
See Glossary for description of above securities.
9.0 Collateralization:
Collateralization will be required on certificates of deposit and other deposit-type securities. In order to
anticipate market changes and provide a level of security for all funds, the collateralization level will be
110% of market value of principal and accrued interest, in accordance with California Government Code
Section 53651 and 53652.
The City of Saratoga chooses to limit collateral to those listed in Section 8.0.
Collateral will always be held by an independent third party with whom the entity has a current custodial
agreement. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City
of Saratoga and retained.
The right of collateral substitution may be granted.
10.0 Safekeeping and Custody:
All security transactions entered into by the City of Saratoga shall be conducted on a delivery-versus-
payment (DVP) basis. Securities will be held by a third party custodian, in the City of Saratoga's name
and control, designated by the City Manager and evidenced by safekeeping receipts.
11.0 Diversification:
The City of Saratoga will diversify its investments by security type and institution. Limits are provided
for in Section 8.0. With the exception of U.S. Treasury securities and authorized pools, no more than
30% of the City of Saratoga's total investment portfolio will be invested in a single security type or 20%
with a single financial institution.
12.0 Maximum Maturities:
To the extent possible, the City of Saratoga will attempt to match its investments with anticipated cash
flow requirements. Unless matched to a specific cash flow, the City of Saratoga will not directly invest
in securities maturing more than five (5) years from the date of purchase. However, the City of Saratoga
may collateralize its certificates of deposits using longer-dated investments not to exceed ten (10) years
to maturity.
Debt reserve funds may be invested in securities exceeding five (5) years if the maturities of such
investments coincide as nearly as practicable with the expected use of the funds.
The City of Saratoga will retain a general operating reserve adopted annually by the City Council. The
amount of active deposits and inactive investments with maturity of one year or less shall always be
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equal to or greater than the required general operating reserve. The report discussed in Section 15.0 shall
demonstrate this policy is in effect.
13.0 Internal Control:
The City of Saratoga is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met. The
concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits
likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by the
City Manager and staff.
Accordingly, the City shall establish an annual process of independent review by an external auditor.
This review will provide internal control by assuring compliance with policies and procedures. The
internal controls shall address the following points:
· Control of collusion.
· Separation of transaction authority from accounting and recordkeeping.
· Custodial safekeeping.
· Avoidance of physical delivery of securities.
· Clear delegation of authority to subordinate staff members.
· Written confirmation of transactions for investments and wire transfers.
· Development of a wire transfer agreement with the lead bank and third-party custodian.
14.0 Performance Standards:
The investment portfolio shall be designed with the objective of obtaining a reasonable rate of return
throughout budgetary and economic cycles, commensurate with the investment risk constraints and cash
flow needs.
14.1 Market Yield (Benchmark):
The City’s investment strategy is passive. Given this strategy, the benchmark used by the City of
Saratoga to determine whether market yields are being achieved shall be the one year U.S. Treasury Bill.
15.0 Reporting:
The City Manager is charged with the responsibility of including a market report on investment activity
and returns in the City of Saratoga's Cash and Investment Report. The report will be in compliance with
California Government Code Section 53646.
16.0 Investment Policy Adoption:
The City of Saratoga's investment policy shall be reviewed and adopted by the City Council annually.
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GLOSSARY
Broker
Someone who brings buyers and sellers together and is compensated for his/her service.
Comprehensive Annual Financial Report (CAFR)
The City’s annual financial statements and footnotes, along with an executive summary, financial outlook,
statistical information, and other financial information.
Certificates of Deposit
Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable.
Collateralization
Process by which a borrower pledges securities, property or other deposits for the purpose of securing the
repayment of a loan and/or security. Also refers to securities pledged by a bank to secure deposits of public
monies.
Custodian
A bank or other financial institution that keeps custody of stock certificates and other assets.
Dealer
Someone who acts as a principal in all transactions, including buying and selling from his/her own account.
Delivery vs. Payment
The preferred method of delivering securities, with an exchange of money for the securities.
Demand Deposits
A deposit of monies which are payable by the bank upon demand of the depositor.
Derivative
Securities that are based on, or derived from, some underlying asset, reference date, or index.
FDIC
Federal Depository Insurance Corporation
FSLIC
Federal Savings and Loans Insurance Corporation
Liquidity
An asset that can easily and rapidly be converted into cash without significant loss of value.
Local Agency Investment Fund (LAIF)
The LAIF was established by the State of California to enable treasurers to place funds in a pool for investments.
There is a limitation of $30 million per agency subject to a maximum of ten (10) total transactions per month.
The City uses this fund when market interest rates are declining as well as for short-term investments and
liquidity.
Money market mutual funds
Mutual funds that invest in short term securities and strive to maintain a share price of $1.
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Negotiable certificates of deposit
A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market).
Passive Investment Strategy
An approach to managing the investment portfolio, which entails a “buy and hold” strategy in which
investments are generally held until they mature.
Portfolio
Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The purpose of a
portfolio is to reduce risk through diversification.
Primary Dealer
A group of government securities dealers that submit daily reports of market activity and security positions held
to the Federal Reserve Bank of New York and are subject to its oversight.
Regional Dealer
A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is registered with
the Securities and Exchange Commission.
Safekeeping
Offers storage and protection of assets provided by an institution serving as an agent
U.S. Treasury Bills
Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S.
Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue interest
but are sold at a discount to pay face value at maturity.
U.S. Treasury Notes
These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original
maturities of one to ten years. Interest is paid semi-annually.
U.S. Government Agency Issues
Include securities, which fall into this category. Issues, which are unconditionally, backed by the full faith and
credit of the United States, e.g. Small Business Administration Loans.
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SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Richard Taylor DIRECTOR: John Cherbone
________________________________________________________________________
SUBJECT: Proposed ordinance amending the City Code to revise the requirements for park
dedication and fees and technical amendments to the City’s code provisions to
conform with state law.
RECOMMENDED ACTIONS:
Adopt the attached ordinance.
SUMMARY:
At its July 15, 2009 meeting the City Council introduced and waived the first reading of the
attached ordinance to conform to the General Plan by requiring new subdivisions to dedicate five
acres of developed municipal parkland per 1,000 residents and to clarify provisions of the City
Code to ensure it conforms with state law.
DISCUSSION:
The City Code currently requires dedications at a ratio of three acres per 1,000 residents. The
City requires the dedication of this amount of land, or imposes a requirement for the payment of
fees, as a condition of subdivision approvals. The General Plan calls for a ratio of five acres per
1,000 residents. This ordinance would implement the General Plan.
FISCAL IMPACTS: The ordinance will allow the City to acquire and develop park and
recreation lands to meet the needs of new residents to Saratoga.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This matter was noticed at the time the agenda was posted.
ATTACHMENTS:
Attachment A – Proposed Ordinance
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ORDINANCE NO. __________
AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE REGARDING PARK
AND RECREATION DEDICATIONS AND FEES
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings
A. The City of Saratoga recognizes the importance of adequate opportunities for
access to recreation and open space for all residents.
B. The Open Space and Conservation Element of the City’s General Plan, updated in
June, 2007, calls for the City to attain a goal of five acres of developed municipal
parkland per 1,000 residents. This number is based on the National Recreation
and Park Associate standard and is a common metric used by other communities
in California to measure adequacy of parkland.
C. The City’s Parks and Trails Master Plan, in order to meet the needs of the
residents of Saratoga, sets a goal of providing five acres of local parkland for each
1,000 residents of the City.
D. The existing City Code requires that only three acres of real property for each
1,000 persons residing within the City be devoted to park and recreational
purposes.
E. It is the intent of the City Council to update the City Code to conform to the
General Plan and Parks and Trails Master Plan and to make various other
technical amendments to the City’s code provisions governing park and recreation
dedication and fees.
SECTION 2. Adoption.
A. Section 14-25.080 of the Saratoga City Code is hereby amended by adding the
text shown in bold double-underlined-italics (example) and deleting the text
shown in strikeout (example) in Attachment A.
SECTION 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14
California Code of Regulations (“CEQA Guidelines”) section 15061(b)(3) (the amendments are
exempt because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment).
SECTION 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
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2
section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
SECTION 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 15th day of July, 2009, and was adopted by the following vote
following a second reading on the _____ day of ___________________________, 2009:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________ __
CHUCK PAGE
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________
ANN SULLIVAN
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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Attachment A
14-25.080 Park and recreation dedication and fees.
(a) Purpose, application and exemptions. As a condition of each final map approval, and to be
detailed in the conditions of tentative map, every subdivider or owner shall be required to, and
shall dedicate a portion of land or pay a fee in lieu thereof, or a combination of both at the option
of the City, for the purpose of providing park or recreational facilities reasonably related to
serving the development and in accord with the standards and provisions as hereafter set forth.
The provisions of this Section are enacted pursuant to Section 66477 of the Government Code
and are hereby found to be in accord with the recreational element Open Space and
Conservation Element of the General Plan. The requirements of this Section shall not apply to
any of the following:
(1) Subdivisions or sites or portions thereof for commercial or industrial uses.
(2) Subdivisions containing less than five parcels lots and not used for residential
purposes. However, in that event, it shall automatically be a condition of approval of a
parcel or tentative map tentative approval of any such subdivision that if a building
permit is requested for construction of a residential structure or structures on one or more
of such lots parcels within four years from the date of recording the final map, the fee in
lieu of dedication, as prescribed in this Section, shall be paid by the owner of each such
lot as a condition to the issuance of the building permit.
(3) Any condominium project or stock cooperatives that which consists of in the
subdivision of air space of an existing multi-unit structure apartment building which is
more than five years old, where when no new dwelling units are added thereto.
(4) Such other exceptions as may hereafter be added to the Map Act.
(b) Standards and formula for land dedication. It is hereby found and determined that the public
interest, convenience, health, welfare and safety require that three five acres of real property for
each one thousand persons residing within the City be devoted to park and recreational purposes.
Where a park or recreational facility has been designated in the Open Space and Conservation
Element recreational element of the General Plan or has been otherwise designated by the City
Council and is has been proposed to be located in whole or in part within the proposed
subdivision to serve the immediate or future needs of the residents of such subdivision, the
subdivider shall dedicate land within the area of such subdivision for a local park use. consistent
with said recreational element . The amount of land (expressed in acreage) required to be
dedicated shall be based upon the average number of persons per household, based upon the
most recent available federal census, divided by 333.33200 (the quotient of one thousand persons
per three five acres).
(c) Fees in lieu of land dedication. In the event there is no park or recreational facility
designated as described in subsection (b), above, in the recreational element of the General Plan
to be located in whole or in part within the proposed subdivision or site, or in the event that the
proposed subdivision contains fifty or less lots or parcels, then the subdivider or owner shall pay
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a fee to the City in lieu of dedicating land, which shall be in an amount equal to the fair market
value of the amount of land which would otherwise be required to be dedicated pursuant to
Paragraph (b) of this Section. If a condominium project, stock cooperative, or community
apartment project (as defined in California. Civil Code § 1351) exceeds fifty dwelling units,
dedication of land may be required notwithstanding that the number of parcels may be less
than fifty. "Fair market value", as used herein, shall be product of (1) the estimated cost of
parkland in Saratoga as determined by the City Council and (2) the amount of land that would
be required to be dedicated pursuant to subsection (b), above.either the average estimated fair
market value for all residentially zoned real property located in the City, or the fair market value
of the land in the subdivision or site, based upon its then assessed value modified to equal market
value in accord with the current practices of the County assessor and as determined by the,
Community Development Director whichever shall be the greater.
(d) Use of land dedications and fees. The land, fees or combination thereof are to be used
only for the purpose of developing new or rehabilitating existing neighborhood or community
park or recreational facilities to serve the subdivision. All fees collected under this section
shall be committed within five years after the payment of the fees or the issuance of building
permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees
are not committed, they, without any deductions, shall be distributed and paid to the then
record owners of the subdivision in the same proportion that the size of their lots bears to the
total area of all lots within the subdivision. All fees collected under this sSection shall be used
only for the purpose of providing park or recreational facilities reasonably related to serving the
subdivision or site by way of purchase of necessary land or, in the event sufficient land is
available, for improving of such land for park and recreational purposes, or both. Interest earned
on the accumulated fees may be used for the maintenance of any existing parks in the City, so
long as such use is permitted under the Map Act.
(e) Requirement of both dedication and fees. Both dedication of a portion of land, together with
the payment of fees may be required to be in accord with the following criteria:
(1) Where only a portion of the land to be subdivided or developed is proposed in the
recreation element Open Space and Conservation Element of the General Plan or
otherwise by the City Council as a site for a local park or recreational area, such portion
shall be dedicated for local park purposes and a fee computed pursuant to Paragraph (c)
of this Section shall be paid for any additional land that would have been required to be
dedicated pursuant to Paragraph subsection (b), above of this Section.
(2) Where a major part of the local park or recreational area has already been acquired
by the City and only a portion of land is needed from the subdivision or building site to
complete such park, such remaining portion shall be dedicated and a fee computed as
hereinabove set forth shall be paid in an amount equal to the value of the land which
would otherwise have been required to be dedicated for the balance thereof.
(f) Property not included in General Plan. Where the proposed subdivision lies within an area
to be annexed to the City urban service area not yet shown and delineated on the General Plan of
the City, by reason of it not having been a part of the City at the time of the adoption of the
General Plan, but intended to be included within the General Plan, the subdivider or owner shall
dedicate land, or pay a fee in lieu thereof, or both, in accord with the adopted park and
147
3
recreational policies and standards of the General Plan and the provisions of this sSection, and
whether land dedication, or fee in lieu thereof, or a combination of both shall be required as
determined by the approving authority.,
shall be determined upon consideration of the following:
(1) Recreational element of the General Plan.
(2) Topography, geology, access and location of land in the subdivision or site available for
dedication.
(3) Size and shape of the subdivision or site and land available for dedication.
(4) Feasibility of dedication, and compatibility with the recreational element of the General
Plan.
(g) Credit for private open space. Where a private open space for park and recreational purposes
is provided in a proposed common interest development (as defined by California. Civil Code §
1351) subdivision or site and such space is to be privately owned and maintained by future
residents of the development, a credit not to exceed fifty percent may be given against the
requirement of dedication for park and recreation purposes or payment of fees in lieu thereof,
provided the City Council finds that it is in the public interest to do so, and that the following
standards are met:
(1) That yards, court areas, setbacks and other open areas required to be maintained by
the zoning and building regulations shall not be included in the computation of such
private open space; and
(2) That the private ownership and maintenance of the open space is adequately
provided for by written agreement, conveyance or restrictions; and
(3) That the use of the private open space is restricted for park and recreational purposes
by recorded covenants which run with the land in favor of the future owners of property
within the subdivision or site and which cannot be defeated or eliminated without the
consent of the City Council; and
(4) That the proposed private open space is reasonably adaptable for use for park and
recreational purposes, taking into consideration such factors as size, shape, topography,
geology, access and location of the private open space land; and
(5) That facilities proposed for the open space are in substantial accordance with the
provisions of the recreational element of the General Plan and are approved by the City
Council.
(h) Amendment to Map Act. In the event the Map Act should in the future be amended to
expand or change the permitted uses of land dedicated or in lieu fees laid under this Section, such
purposes shall control and the limitations set forth in this Section to the extent they are
inconsistent with the amended Map Act, shall no longer have any force or effect.
P:\SARATOGA\RESOLUTI\Quimby Act Update\Revised Park Fee Ordinance (Draft 07-08-09).doc
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director Public Works Director
SUBJECT: Budget Adjustment - Landscape and Lighting Zone 3 (Greenbriar)
RECOMMENDED ACTION:
Approve budget resolution.
REPORT SUMMARY:
Landscaping, irrigation, lighting, and wall improvements to the Seagull/Cox entry to the Greenbriar
development were scheduled to begin in July. Unfortunately, the work did not begin prior to the end of
fiscal year 2008-2009 and the funds budgeted for this work returned to Greenbriar’s fund balance.
The work is now ready to move forward and for this to occur a budget adjustment is necessary to transfer
funding in the amount of $9,500 from Greenbriar’s fund balance to its FY 2009-2010 expenditure budget.
This can be accomplished by the approval of the attached budget resolution by the City Council.
FISCAL IMPACTS:
Funding for this work is available in Zone 3, which is supported by its residents.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The entry improvements to the Greenbriar development would not move forward.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
Improvements will begin in September.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The improvements were developed and approved by the Greenbriar Homeowners’ Association.
149
Page 2 of 2
ATTACHMENTS:
Budget Resolution.
150
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2009/10
TO INCREASE THE EXPENDITURE BUDGET FOR LANDSCAPE IMPROVEMENTS
IN LLA ZONE 3 -GREENBRIAR
WHEREAS, the City Council desires to move forward with landscape and entry improvements to
the Seagull/Cox Avenue entrance to the Greenbriar Development; and
WHEREAS, a budget amendment to increase expenditures in the amount of $9,500 is needed for
the completion of said project; and
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2009/10 budget as follows:
Account Description Account# Amount
To appropriate additional expenditures for the LLA Zone #3 - Greenbriar
Zone #3 – Exp Appropriation: 246.5302.64541 $ 9,500
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby approves the above adjustment to the Fiscal Year 2009/10 Operating Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a
regular meeting of the Saratoga City Council held on the 2nd day of September 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Chuck Page, Mayor
City of Saratoga
Attest:
_______________________
Ann Sullivan, City Clerk
151
SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Consider approval of amendments to the Non-Conforming Uses and Structures
Ordinance that would, among other provisions, (1) Clarify procedures for repairs and alterations
of nonconforming uses and/or structures; (2) Require Planning Commission approval of “major”
repairs and alterations; (3) Apply different standards if the work to be performed on a
nonconforming structure is the result of voluntary destruction (tear down) as opposed to
involuntary destruction (caused by fire or other catastrophe); (4) Allow rebuilding a residential
structure in the CH zoning district if the project meets certain criteria; (5) Establish regulations for
properties annexed to the City; and (6) Conform the Non-Conforming Ordinance to City Code
Sections 15-19.060, 15-12.090 and 15-17.080.
RECOMMENDED ACTION:
Staff recommends the City Council open the public hearing, accept public testimony, close the
public hearing, introduce and waive the first reading of the Non-Conforming Uses and Structures
Ordinance (City Code Article 15-65) amendments, and direct staff to schedule the Ordinance for
adoption on the consent calendar at the next regularly scheduled City Council meeting.
BACKGROUND:
Two Study Sessions were held on April 21, 2009 and May 26, 2009 to discuss the Non-
Conforming Uses and Structures Ordinance. On July 8, 2009, the Planning Commission held a Public
Hearing and recommended that the City Council approve the attached Code amendments.
DISCUSSION
The overall goals for the Nonconforming Use and Structures Ordinance amendment are to update
and clarify outdated regulations, streamline administration by staff, and make the code more user-
friendly and understandable for the public. Among the central policy issues addressed by the
proposed amendment are the following:
1. Procedures for repairs and alterations of nonconforming structures and/or uses including a
standardized multiplier for quantifying limitations on such work.
2. Requirement of Planning Commission approval of major repairs and alterations (e.g., 20% to
50% of construction cost of entire structure).
152
3. Application of different standards if the work to be performed on a nonconforming structure is
the result of voluntary destruction (tear down) as opposed to involuntary destruction (caused
by fire or other catastrophe).
4. Allowance for rebuilding a residential structure in the CH zoning district (where mixed use is
required for residential projects) if the project meets certain criteria (e.g., the reconstruction
does not exceed the structure’s pre-damaged size and number of dwelling units).
5. Establishment of regulations for nonconforming uses and structures on property annexed to
the City.
6. Conformance of the Non-Conforming Uses and Structures Ordinance (Article 15-65) to
Sections 15-19.060, 15-12.090 and 15-17.080.
The table below outlines defining thresholds for maintenance, minor vs. major repairs and
alterations, voluntary vs. involuntary reconstruction, and applicable standards for such activities.
Type of
Work
Maintenance Minor Repairs
and Alterations
Major Repairs
and Alterations
Voluntary
Reconstruction
Involuntary
Reconstruction
Description Routine and
recurring work
for the
preservation and
protection of a
structure.
Repainting or
reroofing (in
kind) is an
example.
Work that is
estimated to result
in the expenditure
(cumulatively) of
20% or less of the
estimated
construction cost
of the entire
structure.
Work that is
estimated to result
in the expenditure
(cumulatively) of
greater than 20%
and not exceeding
50% of the
estimated
construction cost
of the entire
structure.
Reconstruction of
any
nonconforming
structure
exceeding 50% of
the construction
cost of the entire
structure.
Reconstruction of a
nonconforming structure
which is involuntarily
damaged not exceeding
75% of the construction
cost of the entire
structure.
Applicable
Standards
Routine
maintenance is
not subject to
cumulative
limits.
Allowed subject
to required
permits and
specified
standards.
Allowed subject
to Planning
Commission
review and
findings.
Reconstruction
exceeding 50% is
not permitted and
the structure must
conform to all
applicable
standards.
Permitted up to 100% of
its previous configuration
subject to Planning
Commission
determination that
reconstruction does not
result in a health and/or
safety hazard.
Under the proposed amendment, work would be counted cumulatively over time towards a
maximum of 50% of the estimated construction cost of the structure. For example, work in 2010
with an estimated construction cost of 20% followed by work in 2013 with an estimated
construction cost of 35% would not be permitted, as it would exceed the allowable maximum by
5% (20% + 35% = 55%). In the current City Code, construction value may be estimated through
the use of appraisers or other consultants while percentage limitations on reconstruction or
alteration of a nonconforming structure are determined by “floor area”. The proposed amendment
would use the Building Official’s current multiplier, a more quantifiable standard used in issuing
building permits. It avoids dueling appraisals and bidding differences by using “average” costs
based on typical construction methods depending on type of construction (e.g., new home vs.
garage).
153
ENVIRONMENTAL DETERMINATION:
The proposed amendments and additions to the Non-Conforming Use and Structures Ordinance
are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to
Public Resources Code Sections 15061(b)(3) and 15308. CEQA applies only to projects which
have the potential of causing a significant effect on the environment. On July 8, 2009, the
Planning Commission found that the recommended amendments and additions would have no
significant impact on the environment.
FISCAL IMPACTS:
There are no additional costs to the City related to implementation of these amendments.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
City Code will continue to have ambiguous language regarding expansion, reconstruction,
modification, alteration, repair, and maintenance of non-conforming uses and structures making it
difficult for staff and the public to interpret the code; there will be no distinction between
voluntary and involuntary destruction; and the City will not have specific regulations for
properties annexed to the City or for rebuilding a residential structure in the CH zoning district.
Furthermore, the Non-Conforming Ordinance will be inconsistent with City Code Sections 15-
19.060, 15-12.090 and 15-17.080.
ALTERNATIVE ACTION:
Provide staff with alternative direction.
FOLLOW UP ACTION:
Schedule the ordinance for a second reading.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on August 18,
2009.
ATTACHMENTS:
A. Summary of Changes
B. Proposed Ordinance
154
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance
Amendment for Article 15-65 - Nonconforming Uses and Structures.
1
Topic Current Approach and
Problem
Proposed Changes
Definitions Article 15-65 does not currently
contain a “definitions” section.
The proposed amendment includes a Definitions section
intended to make Article 15-65 more user-friendly. (15-
65.020)
Cost of
construction
calculation vs.
appraised value or
floor area
Article 15-65 currently
provides that the “Planning
Director” shall review and
approve estimates of the cost of
construction in determining the
“value of improvements or
reconstruction” and may use
appraisers or other consultants
for this purpose (15-65.120)
and elsewhere requires a
determination of the “floor
area” (15-65.100(a)(3)) for
purposes of assuring
compliance with limits on
reconstruction or alteration.
The terms “Construction cost” and “Expenditure” are
included in the proposed definitions section.
The proposed amendment would use the Building
Official’s current multiplier, a more quantifiable standard
used in issuing building permits. It avoids dueling
appraisals and bidding differences by using “average”
costs based on typical construction methods depending on
type of construction (e.g., new home vs. garage).
Maintenance Currently, “maintenance” is
treated the same as “repair” and
“work” and is allowed in order
to preserve a structure’s
existing condition; retard or
eliminate wear and tear or
physical depreciation; or
comply with the requirements
of law.
The term “maintenance” is included in the proposed
definitions section. Under the proposed amendment,
“maintenance” would be differentiated from “work” and
“repair” on a structure.
An example of “maintenance” would be repainting or
reroofing (in kind). An example of “repair” (discussed
below) would be replacement of a piece of siding which
has been damaged by a tree branch during a storm. An
example of an “alteration” would be relocating an
undamaged internal structural wall.
Repairs and
Alterations:
“Minor” vs.
“Major” vs.
“Reconstruction”
Currently there are no defining
thresholds for the amount of
work that can be done to a
nonconforming structure over
time (also see cumulative
discussion below).
The terms “minor repair”, “major repair”, and
“reconstruction” would be included in the proposed
definitions section.
“Minor” Repairs and Alterations is any work that is
estimated to result in expenditure up to 20% of the
estimated construction cost of the entire structure, prior to
such work. “Major” repairs and alterations is any work
that is estimated to result in expenditure between 20% and
50% of the estimated construction cost of the entire
structure, prior to such work. “Major” repairs and
alterations would require Planning Commission approval.
“Reconstruction” is any work that is estimated to result in
expenditure of greater than 50% of the estimated
construction cost of the structure, prior to such work.
All limits are cumulative (discussed below).
155
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance
Amendment for Article 15-65 - Nonconforming Uses and Structures.
2
Topic Current Approach and
Problem
Proposed Changes
Cumulative Work Currently, structural alterations
may not exceed 10% of the
replacement cost of the
building during any one-year
period. Nothing expressly
limits the amount of repairs or
alterations that may be
performed over time (i.e., the
complete reconstruction of a
structure over a ten year
period.)
Under the proposed amendment, the percentage limits
would be “cumulative” for any voluntary partial tear down
and partial rebuild (15-65.050). “Maintenance” as defined
above would not be subject to cumulative limits.
Work would be counted cumulatively over time towards a
maximum of 50% of the estimated construction cost of the
structure, prior to such work. So, for example, work in
2010 with an estimated construction cost of 20% followed
by work in 2013 with an estimated construction cost of
35% would not be permitted as it would exceed the
allowable maximum by 5% (20% + 35% = 55%).
The Building Official’s current multiplier for cost of
construction (discussed above) would be used for
determining when a percentage limit on work on a
nonconforming structure has been reached.
Expansion of
nonconforming
structures
prohibited unless
approved by the
Planning
Commission
Currently, the code does not
allow repairs and alterations to
nonconforming structures that
would increase the degree of
noncompliance or extend the
life of any portion of the
structure. However, the public
often proposes “trade-offs” that
effectively do this (e.g.,
decreasing one large portion of
a structure in order to increase
another large portion of the
structure).
The proposed amendment clarifies this restriction by
providing specific examples of prohibited types of
expansion (15-65.060). For example, the owner of a
structure that extends into a setback area wants to expand
the structure and continue the wall along the same
nonconforming setback line, but offers to remove
equivalent nonconforming square footage from another
yard setback area. This would not be allowed under the
proposed amendment even though there would be no net
gain in the total nonconforming area encroaching into a
required setback.
Notwithstanding the above, the proposed amendment
would allow expansion or intensification to occur if
approved by the Planning Commission after making
specific findings. (15-65.100).
Voluntary vs.
involuntary
destruction
Currently, Article 15-65 does
not distinguish between
voluntary and involuntary
damage or destruction with
regard to allowed
reconstruction
Under the proposed amendment, repairs and alterations
exceeding 50% of the estimated construction cost of the
nonconforming structure would not be allowed if the
damage is “voluntary” (e.g., tear down) (15-65.065). In
this case, the structure would be required to conform to
current standards.
The threshold for “involuntary” damage (e.g., caused by
fire or other catastrophe) would be 75% of the estimated
construction cost of the entire structure. Section 15-
65.070, as proposed, includes additional situations where
reconstruction would be allowed for involuntary damage.
156
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance
Amendment for Article 15-65 - Nonconforming Uses and Structures.
3
Topic Current Approach and
Problem
Proposed Changes
Reference to State
law regarding
reconstruction of
multifamily
dwelling units
Currently, Article 15-65 does
not expressly address
reconstruction of
nonconforming multifamily
structures. A 1994 State law
contains provisions enabling
such reconstruction after
involuntary damage or
destruction absent specified
findings by the City.
The proposed amendment contains a reference to
Government Code section 65852.25 adopted in 1994 (or
any successor to it) which enables reconstruction of
nonconforming multifamily dwelling structures after
involuntary damage or destruction absent specified
findings by the City. (15-65.070).
Greater flexibility
regarding deadline
to commence
reconstruction after
involuntary damage
or destruction
Article 15-65 currently requires
reconstruction or re-
establishment of a use to
commence within one year
from the date of damage or
destruction and no authority is
given to the Community
Development Director to
extend such deadline.
The proposed amendment will establish an initial two year
deadline to commence reconstruction or re-establishment
of a use and authorizes the Community Development
Director to extend the deadline to commence
reconstruction after involuntary damage or destruction for
up to another two year period. Over the years, experience
has shown (e.g., through insurance settlements) that
various factors can delay commencement of reconstruction
or re-establishment of a use after a fire or other
catastrophic event. (15-65.110)
Allowance of
unlimited repairs
exclusively for
required
compliance with
standards for flood
prevention,
earthquake safety,
energy efficiency
and accessibility
standards.
Article 15-65 currently allows
alterations necessary for
compliance with law, but limits
the same to 10% per year.
The proposed amendment will allow unlimited repairs
exclusively for retrofitting unreinforced masonry
structures, elevation in floodplain, compliance with
earthquake safety and energy efficiency standards, and
compliance with accessibility standards. (15-65.30)
Parking
nonconformity
Currently noncompliance with
later-adopted off-street parking
requirements creates a
nonconforming use. Some
cities have concluded that the
actual impact of the parking
nonconformity does not justify
the delay and expense to
resolve it, and such provisions
may inhibit business expansion.
(15-65.030)
Un der the proposed amendment, noncompliance with later
adopted off-street parking requirements would not create a
nonconforming use. However, any intensification would
have to comply with current parking standards.
157
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance
Amendment for Article 15-65 - Nonconforming Uses and Structures.
4
Topic Current Approach and
Problem
Proposed Changes
Clarification of
status of residences
on “nonconforming
site”
Currently, Section 15-65.160
addresses the use of
“nonconforming sites”
A nonconforming site is a
lawfully created site having an
area, frontage, width or depth
less than the current minimums
prescribed for the district.
The proposed amendment uses the same standards
previously used to determine setbacks for residences on
nonconforming sites. (15-65.040)
The proposed amendment also addresses multiple
residences on a parcel that do not conform to later-adopted
regulations that allow only one residence. In such case, the
property owner must designate which residence is
“conforming.” The remaining residence(s) shall be
deemed nonconforming and the property owner shall
record a Statement of Acknowledgment of Legal
Nonconforming Status in the office of the County
Recorder.
Nonconforming
uses created by
later regulation
Currently this issue is
addressed in Sections 15-
55.130 and 15-55.140 (Use
Permits) but the language is not
very easy to understand.
The proposed amendment would move these provisions
from the Use Permit Ordinance to the Nonconforming
Uses and Structures Ordinance and simplify the language
to describe how “later-adopted” City regulations (General
Plan and Zoning provisions) create legal but
Nonconforming Uses.
Status of structures
or uses upon
annexation
City Code does not address the
status of structures or uses
which do not conform to City
regulations at the time of their
annexation.
A structure or use lawfully existing on the effective date of
its annexation into the City but which is in
nonconformance at that time to any applicable City
regulation is considered a legal nonconforming structure
or use, unless (as the proposed new provision authorizes)
the City, at the time of annexation, establishes a different
status (in whole or in part) for that structure or use as a
condition of such annexation. (15-65.035)
Abandonment of
Nonconforming
Use
Currently occurs after 90 days
of continuous non-use.
Proposed to occur after 180 days of continuous non -use
Application of
Heritage
Preservation
regulations
Current City Code provisions
regarding nonconforming
structures do not address the
application of Heritage
Preservation regulations to
repair, alteration or
reconstruction.
Compliance with City Code provisions governing heritage
preservation is expressly required and takes precedence
over any authorization for repair, alteration or
reconstruction.
Under Section 15-65.070, if a damaged or destroyed
structure qualifies as a heritage resource, it may be
reconstructed in a manner that reproduces the design of the
predamaged structure to the maximum extent feasible,
even if damaged or destroyed up to 100 percent of the
construction cost thereof.
158
SUMMARY OF CHANGES:
The following is a summary of the most significant changes proposed in the Zoning Ordinance
Amendment for Article 15-65 - Nonconforming Uses and Structures.
5
Topic Current Approach and
Problem
Proposed Changes
Deletion of
Provisions
regarding
Elimination after
Lapse of Time
Currently, Article 15-65
contains language regarding
“termination after reasonable
periods of time” in the
“Purposes” section (15-65.010)
and four other sections related
to elimination of
nonconforming uses or
structures after a lapse of time
(15-65.100-130).
The proposed amendment will delete the provisions
regarding elimination or termination of nonconforming
uses or structures after a lapse of time. Instead, the
amended ordinance would allow nonconforming uses and
structures to remain in place but subject those uses and
structures to limitations on their expansion, modification,
repair, alteration and reconstruction.
Deletion of Section
15-65.140
Currently, Section 15-65.140
provides that the Planning
Commission may authorize a
nonconforming use by granting
a use permit and may authorize
a nonconforming structure by
granting a variance.
This section is redundant since these provisions are
addressed elsewhere in City Code. Article 15-55 addresses
use permits for nonconforming uses. Article 15-70
addresses variances for nonconforming structure.
Reorganization and
renumbering
The sections relating to
“structures” were intermingled
with the sections relating to
“use.”
The sections have been reorganized and renumbered to
place sections relating to structures in one area and to uses
in another area. The last section relates to termination of
legal nonconforming status for both structures and use.
159
ORDINANCE __________
An Ordinance amending Article 15-65 of the Saratoga Municipal Code related to
regulations affecting Non-conforming Uses and Structures. and making conforming
amendments to sections 15-19.060, 15-12.090, and 15-17.080 of the Saratoga
Municipal Code
Findings
1. The City of Saratoga wishes to update and clarify the standards applicable to non-
conforming uses and structures in the City.
2. The Planning Commission of the City of Saratoga considered proposed amendments to
the City Code and following a duly noticed public hearing on July 8, 2009 recommended
adoption of this ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on
September 2, 2009 and after considering all testimony and written materials provided in
connection with that hearing introduced and adopted this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Article 15-65 of the Saratoga City Code is hereby replaced in its entirety with the text
shown in Attachment A. Sections 15-19.060, 15-2.090, and 15-17.080 of the Saratoga
Code are hereby amended as set forth in Attachment A, and with respect to those sections
text to be added is indicated in underlined font (i.e. underlined) and text to be deleted is
indicated in strikeout font (i.e. strikeout); text in standard font remains unchanged.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this
ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or
phrase of this ordinance is held invalid, the City Council declares that it would have
adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act.
The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA)
pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
160
environment. Here because the amendments are procedural only and do not change the
standards applicable to issuance of use permits it can be seen with certainty that there is
no possibility the procedural amendments may have a significant effect on the
environment and therefore the activity is not subject to CEQA.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and first reading waived at the regular meeting
of the City Council of the City of Saratoga held on September 2, 2009, and was adopted
by the following vote following a second reading on September 16, 2009:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Chuck Page, Ann Sullivan,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF
SARATOGA
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY
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PROPOSED AMENDMENTS TO CITY OF SARATOGA
NON-CONFORMING USES AND STRUCTURES
ORDINANCE
Zoning Ordinance Update ZOA 09-0004
Article 15-65
Non-Conforming Uses and Structures
15-65.010 Purposes of Article.
This Article is intended to limit the number and extent of nonconforming uses and structures by
prohibiting or restricting their repair, alteration, enlargement, intensification, reconstruction, or
re-establishment after abandonment or restoration after destruction. Nothing in this Article shall
authorize any action inconsistent with Chapter 13 or any other heritage preservation provisions
of this Code. This Article is further intended to allow certain nonconforming uses and structures
to remain where such uses or structures do not conflict with the objectives of this Chapter and
the purposes of the zoning district in which they are located.
15-65.020 Definitions.
The following definitions apply throughout this Article, unless the context or the provision
clearly requires otherwise.
(a) Construction Cost. “Construction cost” means the estimated cost to rebuild a structure (at
the time work is proposed to be performed on the structure) as determined by the Community
Development Director (using the Building Official’s current multiplier for calculating the per-
square-foot valuation of new construction).
(b) Expenditure. “Expenditure” means the estimated cost, as determined by the Community
Development Director (using the Building Official’s current multiplier for calculating the per-
square-foot valuation of new construction), of work to be performed in connection with any
nonconforming use or structure. In making this determination the Director shall confirm that the
portions of the structure which the plans show as not to be repaired or altered are in fact
structurally sound and that it will not be necessary to repair or alter such portions of the structure
during construction. The Director may require that a termite inspector, registered engineer or
other professional(s) satisfactory to the Director be retained at the applicant’s expense to make
certifications in this regard.
(c) Maintenance. “Maintenance” means routine, recurring, and usual activities for the
preservation, protection, and keeping of structure for its intended purposes in a safe and
continually usable condition for which it was designed. Repainting or reroofing (in kind) of a
structure is an example of maintenance.
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(d) Major Repair or Alteration. “Major Repair or Alteration” means any work that is estimated
to result in expenditure (cumulatively), after October 16, 2009, of greater than 20 percent and not
exceeding 50 percent of the estimated construction cost of the structure that is the subject of the
work.
(e) Minor Repair or Alteration. “Minor Repair or Alteration” means any work that is estimated
to result in the expenditure (cumulatively), after October 16, 2009, of 20 percent or less of the
estimated construction cost of the structure.
(f) Nonconforming Structure. “Nonconforming Structure” means a structure lawfully existing on
the effective date of a change in a development standard established by this Code and continuing
since that date in nonconformance to the development standard. The use of this term in this
Article shall refer only to a legal nonconforming structure. A structure that was not originally
constructed in conformance with regulations applicable at the time is not a legal structure.
(g) Nonconforming Use. “Nonconforming Use” means a use lawfully existing on the effective
date of a change in a use restriction and continuing since that date in nonconformance to the use
restriction. Site and structural dimensions are not considered use restrictions and are instead
development standards applicable to structures. The following pre-existing uses shall constitute
a nonconforming use subject to the provisions of this Article unless a conditional use permit is
subsequently granted for such use:
(1) a use established prior to any City regulation requiring a conditional use permit
for such use, but which by virtue of later-adopted City regulation(s) becomes a
use allowed only upon the granting of a conditional use permit; and
(2) a use being conducted under a valid conditional use permit, but which by virtue of
later-adopted City regulation(s) becomes a use no longer allowed to continue.
The use of this term in this Article shall refer only to a legal nonconforming use. A use that was
not originally commenced in conformance with regulations applicable at the time is not a legal
use.
(h) Reconstruction. “Reconstruction” means either of the following:
(1) Any work that is estimated to result in expenditure cumulatively, after October 16,
2009, of greater than 50 percent of the estimated construction cost of the structure that is
the subject of the work; or
(2) Moving a nonconforming structure or a structure being used for a nonconforming use
to any other location on the parcel or adjoining parcels (whether the structure movement
is in whole or in part).
(i) Statement of Acknowledgment of Legal Nonconforming Status. “Statement of
Acknowledgment of Legal Nonconforming Status” means a document in form and content
approved by the Community Development Director and recorded in the office of the County
Recorder documenting that a use or structure on the subject property is nonconforming, but legal
pursuant to the terms of this Article.
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(j) Work. “Work” means any work, whether structural or nonstructural, that is done to a
structure including repair, alteration and reconstruction, but excluding maintenance and the
replacement of the interior or exterior wall coverings, fixtures, or windows or doors (without
altering their respective openings).
15-65.025 Summary Table of Thresholds
The table below outlines defining thresholds for maintenance, minor vs. major repairs and
alterations, voluntary vs. involuntary reconstruction, and applicable standards for such activities.
Type of
Work
Maintenance Minor Repairs
and Alterations
Major Repairs
and Alterations
Voluntary
Reconstruction
Involuntary
Reconstruction
Description Routine and
recurring
work for the
preservation
and protection
of a structure.
Repainting or
reroofing (in
kind) is an
example
Work that is
estimated to
result in the
expenditure
(cumulatively)
of 20% or less
of the estimated
construction
cost of the entire
structure
Work that is
estimated to
result in the
expenditure
(cumulatively)
of greater than
20% and not
exceeding 50%
of the estimated
construction
cost of the entire
structure
Reconstruction
of any
nonconforming
structure
exceeding 50%
of the
construction
cost of the entire
structure
Reconstruction of a
nonconforming
structure which is
involuntarily damaged
not exceeding 75
percent of the
construction cost of the
entire structure
Applicable
Standards
Routine
maintenance is
not subject to
cumulative
limits
Permitted
subject to
required permits
and specified
standards
Permitted
subject to
Planning
Commission
review and
findings
Reconstruction
exceeding 50%
is not permitted
and the structure
must conform to
all applicable
standards.
Permitted up to 100%
of its previous
configuration subject to
Planning Commission
determination that
reconstruction does not
result in a health and/or
safety hazard
The text of this Article takes precedence over this Summary Table for purposes of interpreting
this Article.
15-65.030 Continuation in general; Regulations applicable to nonconforming uses or
structures.
(a) Nonconforming uses and structures may be continued only in conformity with the provisions
of this Article. The owner of property on which a nonconforming use or structure is claimed
shall have the burden of proof in establishing to the satisfaction of the Community Development
Director the nonconforming status claimed. The Community Development Director may charge
a fee, as established in the City Fee Schedule, for the review of evidence submitted to meet the
owner’s burden of proof. A use or structure that is not in conformity with the provisions of this
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Chapter, or that is not a legal nonconforming use or structure in accordance with this Article,
shall constitute a violation of this Code and shall not be continued.
(b) The following regulations apply to each nonconforming use or structure:
(1) All new construction allowed to occur with respect to a nonconforming use or
structure shall comply with current requirements of Chapter 16 of this Code.
(2) Repair, alteration or reconstruction otherwise required by this Code or applicable
law, and not otherwise prohibited by the rights or regulations of any other governmental
agency having jurisdiction, shall be allowed in the following circumstances and shall not
be considered in calculating any estimated construction cost:
(i) Repair, alteration, or reconstruction required to retrofit unreinforced masonry
structures or otherwise required to comply with earthquake safety standards
established in Chapter 16 of this Code, provided the retrofitting or other work is
limited exclusively to compliance with earthquake safety standards;
(ii) Repair, alteration, or reconstruction required to elevate a habitable structure
in a floodplain, provided the elevation work is limited exclusively to compliance
with flood prevention standards;
(iii) Repair, alteration, or reconstruction required to comply with required energy
efficiency standards established in Chapter 16 of this Code, provided the work is
limited exclusively to compliance with those standards; and
(iv) Repair, alteration, or reconstruction which is limited exclusively to
compliance with the Americans with Disabilities Act (ADA) or Chapters 11A and
11B of the State Building Code set forth in Volume II of Title 24 of the California
Code of Regulations.
(3) Any building permit or use permit or other approval issued pursuant to this Code for
minor or major repairs or alterations, reconstruction, or change, expansion or
intensification of a legal nonconforming use or structure shall include a condition
requiring recordation of a Statement of Acknowledgment of Legal Nonconforming
Status.
(4) No otherwise legal existing use or structure shall be deemed to be a nonconforming
use solely because of the lack of the required number of off-street parking facilities.
However, any otherwise permitted intensification of a use or structure must comply with
current parking standards.
15-65.035 Continuation after annexations; Regulations applicable to nonconforming uses
or structures on property annexed to the City.
(a) A structure lawfully existing on the effective date of its annexation into the City but which is
in nonconformance at that time to any applicable City development standard shall be considered
a legal nonconforming structure, unless, as hereby authorized, the City, at the time of annexation
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establishes a different status (in whole or in part) for that structure as a condition of such
annexation.
(b) A use lawfully existing on the effective date of its annexation into the City but which is in
nonconformance at that time to any applicable City use regulation shall be considered a legal
nonconforming use, unless, as hereby authorized, the City, at the time of annexation establishes a
different status (in whole or in part) for that use as a condition of such annexation.
15-65.040 Residences and structures on substandard parcels.
(a) Multiple residences on parcels resulting in nonconforming use. Where the number of
residences on a parcel does not conform to later-adopted regulations, the result is a legal
nonconforming residential use. In such case, the property owner shall identify as the conforming
residence(s) on the parcel up to the number of residences allowed by current City regulations and
such identified residence(s) shall not be subject to the regulations contained in this Article. The
remaining residence(s) shall be deemed nonconforming uses and structures. The property owner
election and status of the residence(s) on the property shall be documented in a Statement of
Acknowledgment of Legal Nonconforming Status recorded by the property owner in the office
of the County Recorder.
(b) Structures on nonconforming sites. A nonconforming use results where there is an existing
structure or a structure is proposed to be constructed on a lawfully created parcel having a site
area, frontage, width or depth less than the minimum standards prescribed for the Zoning District
in which the parcel is located. However, such structure shall be considered conforming and shall
not be subject to the regulations contained in this Article if all of the following conditions are
satisfied:
(i) Where the width of a site does not conform with the applicable standard for the
Zoning District, the minimum width of interior side setback areas for first floors shall be
not less than ten percent of the width of the site or six feet, whichever is greater, and the
minimum width of an exterior side setback area for first floors of a corner lot shall be not
less than twenty percent of the width of the site or fifteen feet, whichever is greater. The
second floor setback area for interior and exterior lot lines shall be increased an
additional five feet.
(ii) Where the depth of the site is less than the applicable standard for the Zoning
District, the rear setback area for the first floor shall be twenty percent of the depth of the
site or twenty feet, whichever is greater. The second floor rear setback area shall be
increased an additional five feet.
(iii) In the event the setbacks described in (i) and (ii) above are determined to be greater
than those in the applicable Zoning District standard, then the Zoning District standard
shall apply. Except as provided in (i) through (ii) above, the residence shall comply with
all other regulations for the Zoning District, except the minimum site area and frontage
which render the existing parcel substandard.
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15-65.050 Minor or Major Repairs or Alterations to Structures.
(a) Minor. Subject to the provisions of this Article, minor repair or alteration to a
nonconforming structure may be performed without Planning Commission approval, provided
such alterations do not increase the degree of noncompliance or otherwise increase the
discrepancy between existing conditions and the requirements of this Chapter, and further
provided that all otherwise required permits are first obtained.
(b) Major. Subject to the provisions of this Article, major repair and alteration of a
nonconforming structure may be permitted if the Planning Commission makes the following
determinations:
(1) the repair and/or alteration will accommodate a conforming use;
(2) the repair and/or alteration does not increase the degree of noncompliance, or
otherwise increase the discrepancy between existing conditions and the requirements
of this Chapter; and
(3) The repair and/or alteration does not effectively extend or perpetuate the useful life of
any particular feature or portion of the structure which is nonconforming.
In no event shall the cumulative expenditures for repairs and/or alterations on any
nonconforming structure exceed 50 percent of the estimated construction cost of the structure
prior to such repairs and/or alterations, unless such structure is changed to a conforming structure
or unless the structure is subject to section 15-65.070 of this Code.
15-65.060 Expansion of nonconforming structures.
A nonconforming structure shall not be moved or altered so as to increase in any way the
discrepancy (or change the footprint) between existing conditions and the development standards
established by this Code. Examples of prohibited alterations include the following:
(1) A legal nonconforming single family dwelling which exceeds the current Floor Area
Ratio (or Site Coverage) limit may not add 100 square feet to the structure by
decreasing another portion of the dwelling by 100 square feet to keep the dwelling at
the original square footage, even though there would be no net gain in Floor Area (or
Site Coverage) as to the legal nonconforming structure.
(2) A legal nonconforming structure which is nonconforming (in part) because a portion
of the structure extends into a setback area may not expand by continuing the setback
encroachment along the entire structure by removing equivalent nonconforming
square footage from another yard setback area, even though there would be no net
gain in the total nonconforming area encroaching into a required setback.
The prohibition against moving or increasing the discrepancy of a legal nonconforming structure
shall not apply if a variance for the moving or increase is granted pursuant to Article 15-70 of
this Chapter.
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15-65.065 Reconstruction.
Reconstruction of any nonconforming structure exceeding 50 percent of the construction cost of
the entire structure must conform to all standards in this Chapter unless the structure is subject to
section 15-65.070 of this Code.
15-65.070 Reconstruction following involuntary damage to or destruction of
nonconforming structure.
(a) Reconstruction to previous configuration. A nonconforming structure which is involuntarily
damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event not
exceeding 75 percent of the construction cost thereof may be reconstructed up to its previous
configuration (as to both horizontal and vertical building envelope) so long as such
reconstruction does not restore, create or result in a health and/or safety hazard. If the damaged
or destroyed structure qualifies as a heritage resource as defined in Chapter 13, it may be
reconstructed, in compliance with Chapter 13 and this subsection, in a manner that reproduces
the design of the predamaged structure to the maximum extent feasible, even if damaged or
destroyed up to 100 percent of the construction cost thereof.
(b) Reconstruction of multi-family dwellings subject to Government Code section 65852.25.
When a nonconforming multi-family dwelling is involuntarily damaged or destroyed by fire,
flood, earthquake, vandalism or other catastrophic event and the structure is subject to
Government Code section 65852.25 (or any successor thereto) it may be reconstructed so long
as the City Council has not made findings in accordance with that section to prohibit the
reconstruction provided that the reconstruction does not exceed the structure’s predamaged size
and number of dwelling units and otherwise conforms with that section.
(c) Residential structure in commercial zoning district. When the structure is at least in part a
residential structure in a commercial district it may be reconstructed provided that the
reconstruction (i) does not exceed the structure’s predamaged size and number of dwelling units;
and (ii) maintains the same amount of floor area devoted to residential use as the predamaged
structure; and (iii) reproduces the design of the predamaged structure to the maximum extent
feasible or is of a revised design approved pursuant to then current design review standards and
procedures.
(d) Compliance with other regulations. Except as otherwise provided in this section with regard
to reconstruction of all or a portion of a structure to its previous nonconforming condition, all
reconstruction shall be subject to all applicable laws, regulations and procedures otherwise
governing construction on the site at the time such reconstruction is undertaken.
(e) Time to commence reconstruction. The reconstruction work authorized by this section shall
be commenced within two years from the date of damage or destruction (unless, prior to the
expiration of that two year period, the deadline to commence reconstruction is extended by the
Community Development Director for up to another two years) and be prosecuted diligently to
completion.
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15-65.080 Unsafe buildings.
Nothing in this Article shall be construed as repealing, abrogating or modifying any provision of
this Code or of any law relating to requirements for construction, maintenance, repair, demolition
or removal of structures, or requiring the immediate removal of any structure, or any portion
thereof, determined to be unsafe for human occupancy or otherwise constituting a public
nuisance.
15-65.090 Change of use.
(a) A nonconforming use shall not be replaced or supplemented by another nonconforming use.
(b) Any portion of a nonconforming use, which is changed to a conforming use, shall not be re-
established.
15-65.100 Expansion or intensification of nonconforming uses.
(a) Except as provided in subsection (b) below, a nonconforming use may not be expanded or
intensified. This prohibition shall include (but not be limited to) any expansion or intensification
of a nonconforming use which:
(1) Increases the site area or floor area occupied by such nonconforming use on the same
or any additional site; or
(2) Increases the number of structures or size of any structure housing a nonconforming
use or any portion thereof; or
(3) Increases the amount, volume, or intensity of a nonconforming business use, or the
machinery, equipment, trade fixtures or other personal property utilized in the conduct of
such use; or
(4) Displaces any conforming use occupying a structure or site.
(b) The Planning Commission may approve the expansion and/or intensification of a
nonconforming use upon finding that such expansion and/or intensification will not adversely
affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect
surrounding properties or the occupants thereof. Any such approval shall include a condition
requiring recordation of a Statement of Acknowledgment of Legal Nonconforming Status and
specification therein of the limit(s) of such approved expansion and/or intensification.
15-65.110 Reconstruction of damaged or destroyed nonconforming use.
(a) A nonconforming use which is involuntarily damaged or destroyed by fire, flood,
earthquake, vandalism or other catastrophic event not exceeding 75 percent of the use may be re-
established for continued occupancy by the nonconforming use or uses(s) previously conducted
therein, subject to the following limitations:
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(1) The extent of nonconformity (i.e., neither the intensity of activity, nor the site area or
floor area occupied by the nonconforming use subsequent to reconstruction or restoration
of the site or structure(s)) shall exceed that existing prior to the damage or destruction of
the use.
(2) Reconstruction or restoration of the use shall be subject to all applicable laws,
regulations and procedures otherwise governing construction on the site at the time such
construction is undertaken.
(3) The re-establishment of the use authorized by this section shall be commenced within two
years from the date of damage or destruction (unless, prior to the expiration of that two year
period, the deadline to commence re-establishment is extended by the Community Development
Director by up to another two years) and prosecuted diligently to completion.
15-65.120 Termination of nonconforming uses and structures by abandonment or
discontinuance/cessation of use.
(a) Whenever a nonconforming use has ceased, been abandoned or discontinued for a period of
180 consecutive days or longer, such use shall not be resumed, re-established, or continued and
all subsequent uses of the site and the structures thereon shall conform to the requirements of this
Chapter.
(b) Whenever a nonconforming structure has been abandoned or its use has ceased for a
continuous period of one year or longer, the structure shall be removed from the site or changed
to a conforming structure.
(c) Discontinuance of a nonconforming use for a period of 180 consecutive days or nonuse of a
nonconforming structure for a continuous period of one year, shall conclusively be presumed an
abandonment, discontinuance/cessation of such use or structure under the terms of this section;
provided, however, a discontinuance of use in either of the following circumstances shall not be
counted toward such time periods:
(1) Any discontinuance of use of up to 360 days in connection with a pending sale or
other transfer of ownership or management of a nonconforming use or structure to a
designated person where the discontinuance of use is solely for the purpose of
accomplishing the sale or transfer.
(2) Any discontinuance of use during the period of reconstruction of a damaged or
destroyed nonconforming structure, where such reconstruction is permitted under this
Article.
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CONFORMING AMENDMENTS
Sections 15-19.060, 15-12.090, and 15-17.080 are amended to read as follows:
15-19.060 Continuation of nonconforming uses.
Notwithstanding the provisions of Section 15-55.130 15-65.020(g)(1) of this Chapter, any clinic
operating no earlier than 7:00 A.M. and no later than 9:00 P.M., any establishment engaged in
the sale of alcoholic beverages; and any restaurant, market or delicatessen which, as of
September 6, 1989, was lawfully established and legally operating as a permitted use, shall be
exempted from the requirement for elimination after lapse of time pursuant to Section 15-65.110
of this Chapter and also exempted from the necessity to obtain a use permit for continuation of
such use, but in all other respects shall be regarded as a nonconforming use. Any mini-storage
facility lawfully operating pursuant to a use permit granted prior to September 6, 1989, may
continue to operate pursuant to the terms and conditions of such use permit.
15-12.090 Front, side, and rear setback areas.
(a) For any nonconforming site, as defined in this Chapter, the requirements provided in Section
15-65.160 15-65.040(b) apply to the site. For any conforming site, the minimum setback area
requirements in the R-1 district are as follows:
15-17.080 Front, side, and rear setback areas.
(a) For any nonconforming site, as defined in this Chapter, the requirements provided in Section
15-65.160 15-65.040(b) apply to the site. For any conforming site, except as otherwise provided
in this Section, the minimum front, side and rear setback areas of any lot in each R-M district
shall be as follows:
15-55.130 Pre-Existing Permitted Uses.
This Section is hereby deleted.
15-55.140 Pre-Existing Conditional Uses.
This Section is hereby deleted.
15-55.150 Appeals.
This Section is hereby renumbered as 15-55.130.
Text to be added is indicated in bold double-underlined-italic font
(e.g., bold double-underlined-italic) and text to be deleted is
indicated in strikeout font (e.g., strikeout). Text in standard font
remains unchanged.
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SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone, AICP
SUBJECT: Ordinance amending various sections of the City Code pertaining to land use. The
amendments would clarify existing provisions regarding Health and Sanitation,
Subdivisions, Zoning Regulations, and Building Regulations and would adopt new
provisions requiring Story Poles and setting Green Building standards.
RECOMMENDED ACTION:
Open and conduct the public hearing, introduce the ordinance, waive the first reading, and
schedule the item for a second reading and adoption on consent calendar at the next regular City
Council meeting.
BACKGROUND:
Each year the City considers “clean-up” amendments to the land use provisions of the City Code.
This ordinance includes those amendments and two new code sections regarding story poles and
green building. The ordinance is the result of three (3) Planning Commission study sessions and
a public hearing. Noticing for the first study session was published in the Saratoga News on
April 28, 2009. Articles were written regarding the second and third study sessions in the June
and July editions of the Saratoga News. On July 22, 2009, the Planning Commission held a
public hearing and recommended that the City Council approve the attached Code amendments.
DISCUSSION:
The attached ordinance will address the following items.
• Clarify existing provisions of the City Code. These provisions include ambiguities, items
that routinely require additional explanation, staff interpretations of provisions that are
not codified, items that are no longer necessary or relevant and grammatical errors.
• Codify as a formal requirement the current practice of requiring story poles for projects
subject to design review.
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• Adopt a new Article titled “Green Building Regulations”. This will increase the
promotion of energy efficiency and environmental sustainability by requiring new
construction of private or public entities to follow established guidelines of not-for-profit
agencies specialized in green building practices. This part of the ordinance will further
the efforts of the City Council to integrate green building practices into the City of
Saratoga.
A summary of the changes is presented as Attachment 1 of this staff report. The ordinance and
proposed language for the amendments to the City Code is presented as Attachment 2.
ENVIRONMENTAL DETERMINATION:
The proposed amendments and additions to the Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections
15061(b)(3) and 15308. CEQA applies only to projects which have the potential of causing a
significant effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the
existing Code and related sections and additions of provisions and reference appendices to the
existing Code; the amendments and additions would have no adverse effect on the environment.
PLANNING COMMISSION ACTION:
The Planning Commission reviewed the zoning amendment at three study sessions and a
regularly scheduled public hearing on July 22, 2009. There was no public testimony in
opposition of the proposed amendment. The Planning Commission voted unanimously to
recommend approval of the proposed zoning amendment to City Council.
FISCAL IMPACTS:
There are no negative fiscal impacts.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Staff will use the current City Code for future review of submitted projects. The City will not
have an article pertaining to Green Building Regulations or a section regarding Story Pole
requirements without following the recommended action.
ALTERNATIVE ACTION:
Provide staff with alternative direction.
FOLLOW UP ACTION:
Schedule the ordinance for a second reading.
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ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on August 18,
2009. Staff has not received any negative comments on the proposed amendments as of the
writing of this staff report.
ATTACHMENTS:
1. Summary of changes table
2. Ordinance and proposed changes
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SUMMARY OF CHANGES:
The table below is a summary of changes proposed in the Zoning Ordinance Amendment for
various chapters of the CITY CODE. Explanations for the proposed changes are discussed
below. The table includes the relevant CITY CODE article, section, current approach and
problem, and proposed change.
1
CITY CODE Article CITY CODE
Section
Current Approach and
Problem
Proposed Modification
7-30 Noise 7-30.050(b)
General Noise
Restrictions.
This section of the code
mandates noise restrictions
to all districts in the City.
The commercial district
was inadvertently omitted
from this section.
Add the word “commercial” in
the following sentence: “No
person shall cause, produce or
allow to be produced, in an office
or commercial district, any single
event noise more than eight dBA
above the ambient noise level at
the location where the single
event noise source is measured.
14-10 Definitions 14-10.110
Frontage.
The definition of
“Frontage” may be read to
allow a “Front lot line” on
a “Corner Lot” that is
inconsistent with the 15-
06.430 (a) “Front Lot
Line” definition.
Omit certain language from the
“Frontage” definition in order to
create consistency between
Chapter 14 and 15 of the CITY
CODE.
15-05 Indemnification 15-05.080
Indemnification.
There are two types of
indemnification required
by section 15-05.080.
Both types of
indemnification need to be
conveyed to the applicant
regarding an approval
document. Furthermore,
the City needs to have
discretion on what type of
indemnification is
required.
Revise language to make parallel
both indemnities: (1) for
challenge to City’s approval; and
(2) for damages from performance
of construction approved. Both
should required signed agreement
which can be required to be
recorded at the discretion of
Community Development
Director.
15-06 Definitions 15-06.022
Accessory
Structure.
Add language to the CITY
CODE clarifying that an
Accessory Structure
requires a main structure or
principal use on a lot.
Add the following language to the
existing definition of Accessory
Structure – “No accessory
structure may be allowed in any
zone district in the absence of an
existing or concurrently
established main structure or
principal use on the lot.”
15-06 Definitions 15-06.290
Frontage.
The definition of
“Frontage” may be read to
allow a “Front lot line” on
a “Corner Lot” that is
inconsistent with section
15-06.430 (a) “Front Lot
Line” definition.
Omit certain language from the
“Frontage” definition in order to
create consistency between
Chapter 14 and 15 of the CITY
CODE.
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15-06 Definitions 15-06.420(b)
Corner Lot.
The definition of a “Corner
lot” is confusing and has
been read to have different
meanings.
Add a diagram to the existing
definition of a corner lot. A
diagram will assist in describing
the intent of the definition for
“Corner Lot”.
15-06 Definitions 15-06.430 (b) Rear
lot line.
The definition of the “Rear
lot line” is different in
Chapter 15 than as defined
in Chapter 14 of the CITY
CODE.
Draft a definition of “Rear lot
line” that is consistent with both
Chapter 14 and Chapter 15 of the
CITY CODE.
15.06 Definitions 15.06.430 (f). Add authority to the
Community Development
Director (CDD) regarding
lots that do not have
“frontage”.
Add language to the existing
section regarding CDD
designation of lot lines for
irregular-shaped parcels.
15-06 Definitions 15-06.520
Property Line.
The definition of “Property
line” sites an incorrect
section of the CITY
CODE.
Draft a definition that correctly
cites the appropriate section of the
CITY CODE.
15-06 Definitions 15-06.587
Setback.
Existing setback definition
means the minimum
distance between the
structure and any lot line.
Issues arise when a lot line
is located within a street.
Add to the existing definition,
stating “Where a street line is
located within a site, the required
setback shall be measured from
such street line instead of lot
line.”
15-06 Definitions 15-06.588 Setback
Area.
Existing setbacks areas are
measured from the lot line
of a property. This creates
an issue when lot lines are
located in the middle of a
street. In order to
promote the intent of the
General Plan, setbacks
should be measured from
lot line, right-of-way, edge
of pavement, or future line
of street, whichever is most
restrictive.
Add language to the existing
definition regarding setback areas
to be measured from the right-of-
way line, street line, or plan line
of street, when a lot line is located
in one of those three areas.
15-11 A: Agricultural
District; 15-12 R-1:
Single-Family
Residential Districts; 15-
13 HR: Hillside
Residential District; 15-
17 R-M: Multi-Family
Residential Districts; 15-
18 P-A: Professional and
Administrative District;
15-19 C: Commercial
District
15.11.030
Conditional Use;
15-12.030
Conditional Use;
15-13.040
Conditional Uses;
15-17.030
Conditional Uses;
15-18.030
Conditional Uses;
15-19.020 General
Regulations.
Per the previously cited
sections of the CITY
CODE, antenna facilities
operated by a public utility
for transmitting and
receiving cellular
telephone communications
are listed as a conditional
use. Staff recommends
placing antenna facilities as
a permitted use, regulated
by Article 15-46 – Design
Review of the CITY
CODE.
Change antenna facilities from a
conditional use to a permitted use
and make them subject to design
review approval. The Federal
Communication Commission
(FCC) governs the use of such
structures.
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15-12 R-1: Single-Family
Residential Districts
15-12.100 Height
of Structures.
This section of the code
refers to quasi-public
facilities as QPF. The
General Plan refers to
quasi-public facilities as
Community Facilities
(CFS).
Change the language in the
section from quasi-public
facilities (QPF) to community
facilities (CFS).
15-35 Off-Street Parking
and Loading
15-35.040 Design
Standards for off-
street parking
facilities.
15-35.040 (d) does not
clearly define minimum
driveway widths. Staff
recommends adding a
minimum width for
driveways.
Add a set value to the existing
section. The new language shall
state “The width of the driveway
shall be a minimum of 12 feet or
greater as required by the Fire
Department”.
15-45 Design Review:
Single-Family Dwelling
15-45.070 (a) (2)
Application
Requirements.
This section refers to a site
survey plan as an
application requirement for
proposed new construction
within three feet or closer
to a required setback. The
City Surveyor recommends
an application requirement
be a boundary survey
instead.
Change the language in the
section from “site survey plan” to
“boundary survey”.
15-45 Design Review:
Single-Family Dwelling
15-45.070 (a) (14)
Application
Requirements.
The City has added Green
Building Regulations as a
Chapter in the CITY
CODE. These regulations
need to be addressed in the
application requirements
for design review.
Add language stating “Such
additional exhibits or information
demonstrating compliance with
Article 16.47 – Green Building
Regulations of the Saratoga
Municipal Code.”
15-45 Design Review:
Single-Family Dwelling;
15-46 Design Review:
Multi-Family and
Commercial Structures
15-45.075
Requirement for
Story Poles.
(NEW SECTION)
15-46.032
Requirement for
Story Poles.
(NEW SECTION)
This is a new section that
would make story poles a
requirement for new
residences and substantial
additions that require
design review approval.
Add new section(s) to the City
Code regarding the requirement of
story poles.
15-45 Design Review:
Single-Family Dwelling
15-45.085 Off-Site
improvements.
Under the existing
language, the City may
require conditions of
approval for improvements
to be made both on and
off-site. As such, the title
of 15-45.085 should
include on-site
improvements.
Change the title of 15-45.085
from “Off-Site Improvements” to
“Required Improvements.”
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15-45 Design Review:
Single-Family Dwelling
15-45.090
Expiration of
design review
approval.
As currently written, an
applicant could request
multiple extensions on a
project that has been
approved by the City. An
allowance for a one-time
extension is more
applicable.
Add the word “single” as in the
following sentence - “A design
review approval may be extended
for a single period of twelve
months by the Community
Development Director”.
15-46 Design Review:
Multi-Family and
Commercial Structures
15-46.020
Requirement for
design review;
public hearing.
A portion of this section
states “Any addition over
twenty-two feet in height
to an existing main or
accessory structure in an
R-M, P-A or C district.”
The intent is that any
addition resulting in a main
or accessory structure
surpassing twenty-two feet
in height requires Planning
Commission approval.
Change the language in the
section to clarify the intent of the
City that any addition resulting in
a main or accessory structure
exceeding twenty-two feet in
height requires Planning
Commission approval.
15-46 Design Review:
Multi-Family Dwelling
and Commercial
Structures
15-46.020
Requirement for
design review;
public hearing.
In order to have antenna
facilities governed under
the requirements of design
review, they must be
addressed in Article 15-46.
Add language to the 15-46.020 (a)
(7) stating “Any new antenna
facility operated by a public
utility for transmitting and
receiving cellular telephone and
wireless communication, located
in an district that permits such use
” must receive design review
approval from Planning
Commission.
15-46 Design Review:
Multi-Family Dwelling
and Commercial
Structures
15-46.030 (a) (9)
Application
Requirements.
The City has added Green
Building Regulations as a
Chapter in the CITY
CODE. These regulations
need to be addressed in the
application requirements
for design review.
Add language stating “Such
additional exhibits or information
demonstrating compliance with
Article 16.47 – Green Building
Regulations of the Saratoga
Municipal Code.”
15-46 Design Review:
Multi-Family Dwelling
and Commercial
Structures
15-46.040 Design
criteria.
These criteria are not
expressly described as
required findings, although
that is how the City has
consistently interpreted this
section.
Remove the word “criteria” and
replace it with “findings”. This
will maintain language
consistency with Design Review
for Single-Family residences.
15-46 Design Review:
Multi-Family and
Commercial Structures
15-46.050 (b)
Expiration of
design review
approval.
A portion of the section
states “Design review
approvals may be extended
for a period or periods of
time not exceeding twelve
months.”
Change the language to add the
word “single” and remove the
words “or periods” from the
section.
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15-46 Design Review:
Multi-Family and
Commercial Structures
15-46.055
Required
Improvements.
(NEW SECTION)
The article does not
include a “Required
Improvements” section
regarding conditions
reasonably related to a
Design Review project.
Add a new section of the Code to
confirm that the City is authorized
to impose conditions of approval
requiring improvements, similar
to CITY CODE Section 15-
45.085.
15-56 Second Dwelling
Units
15-56.030 (a) Lot
size.
15-56.030 (a) states “The
net site area of the lot upon
which the second dwelling
unit is located shall not be
less than the minimum
standard prescribed for the
district applicable to such
lot.” For properties in the
HR District, special rules
for net site area apply.
Add the following language to 15-
56.030 “Minimum standards for
lots located in the HR District are
determined per Section 15-13.060
(a) of the City Code.”
15-80 Miscellaneous
Regulations and
Exceptions
15-80.030 (g)
Barbeques.
Other outdoor cooking
facilities (i.e. wood-
burning pizza ovens) have
been requested for
Planning approval. Staff
has been unable to address
the request due to the
absence of outdoor
cooking facilities within
the CITY CODE.
Replace “Barbeques” with
“Outdoor Cooking Devices”.
Remove four foot height limit for
“Outdoor Cooking Devices.”
15-80 Miscellaneous
Regulations and
Exceptions
15-80.030 (j)
Exceptions to
Standards.
In order to avoid
interpretation
inconsistencies, new
language will be added to
the code regarding
Planning Commission’s
authority regarding this
section of CITY CODE.
Add the following sentence, “This
authority shall not be subject to
any quantified limitations
contained in subsections (a)
through (h), except subsection
(d)(1) which already establishes
quantified limitations on a use
permit issued by the Planning
Commission. The Planning
Commission’s authority shall not
extend to allowing an accessory
structure in a setback area where
it not expressly allowed under
subsections (a) through (h).
15-80 Miscellaneous
Regulations and
Exceptions
15-80.035
Requirements for
basements and
light wells.
Definition of “Building
Footprint” is required in
order to determine the
allowable location of a
basement.
Add a definition of “building
footprint” within 15-80.035 (a).
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15-80 Miscellaneous
Regulations and
Exceptions
15-80.080 Radio
and television
antennas.
Staff recommends that all
antennas be governed
under one section of the
code. This includes
antennas operated by a
public or private utility (i.e.
cellular/wireless antennas).
Remove “Radio and television”
from the title of Section 15-
80.080.
15-80 Miscellaneous
Regulations and
Exceptions
15-80.080 Radio
and television
antennas.
15-80.080(g) describes
conditions that allow the
City to mitigate the visual
impacts by use permit.
Since antenna facilities are
governed by design review,
the term “design review”
should be included as a
vehicle to mitigate visual
impacts.
Add “design review approval” in
Section 15-80.080(g).
16-17 Excavation and
Grading
16-17.160
Driveways.
This section of the code
gives complete discretion
to a soils engineer on the
construction requirement
for a driveway. Staff
recommends giving
minimum requirements for
driveway construction
instead.
Remove the soils or geology
report and add required widths for
driveways. A minimum 12 foot
wide driveway will be required
for driveways that service one
parcel and a 14 foot wide
driveway with one foot shoulder
on each side will be required for
driveways that service more than
one parcel. A greater width may
be required by the Fire
department.
16.47 Green Building
Regulations (New
Article)
16.47 Green
Building
Regulations.
In order to promote
environmental
sustainability, the City will
be adding Green Building
Regulations to the CITY
CODE.
See Article 16-47 for exact
language.
17.05 Existing Laws 17-05.010 (p)
Greenhouse gas
reduction policies.
The City has added Green
Building Regulations as a
Chapter in the CITY
CODE. These regulations
need to be addressed in the
application requirements
for design review.
Acknowledge in the Sustainability
Chapter that the City has
incorporated Green Building
Regulations to further reduce
emissions of greenhouse gases.
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ORDINANCE NO. XXX
An Ordinance of the City of Saratoga Amending
Saratoga Municipal Code Articles 7-30, 14-10, 15-05, 15-06,
15-11, 15-12, 15-13, 15-17, 15-18,15-19, 15-35,
15-45, 15-46, 15-56, 15-80, 16-17, 16-20 and 17-05
and Adding Article 16-47.
Findings
1. The City of Saratoga wishes to amend certain articles and sections of the City Code in order
to remedy internal ambiguities, clarify existing requirements, codify staff interpretations, omit
redundant terms and provisions, amend grammatical and other errors, and promote energy
efficiency and environmental sustainability.
2. Following several study sessions the Planning Commission of the City of Saratoga considered
proposed amendments to the City Code at a duly noticed public hearing on July 22nd, 2009 and
thereafter recommended adoption of this ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on September 2,
2009 and after considering all testimony and written materials provided in connection with that
hearing introduced this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Articles 7-30, 14-10, 15-05, 15-06, 15-11, 15-12, 15-13, 15-17, 15-18,15-19, 15-35,15-45, 15-46,
15-56, 15-80, 16-17, and 17-05 of the Saratoga City Code are hereby amended and Article 16-47
is adopted as set forth in Exhibit “A”. Text to be added is indicated in double underlined font
(i.e. example) and text to be deleted is indicated in strikeout font (i.e. example). Text in standard
font is not changed. Sections within an Article that are not included in Exhibit “A” are
unchanged from the existing City Code.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
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Section 3. California Environmental Quality Act
The proposed ordinance, amendments and additions to the City Code are Categorically Exempt
from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code
Sections 15061(b)(3) and 15308. CEQA applies only to projects which have the potential of
causing a significant effect on the environment. Where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. In this circumstance, Staff is recommending amendments to the
existing CITY CODE and related sections and additions of provisions and reference appendices
to the existing Code; the amendments and additions would have minimal impact on the
environment.
Section 4. Publication
This ordinance or a comprehensive summary thereof shall be published once in a newspaper of
general circulation of the City of Saratoga within fifteen (15) days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 2nd day of September 2009, and was adopted by the following
vote following a second reading on the 16th day of September 2009:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Chuck Page, Ann Sullivan,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY
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Amendments to Saratoga City Code
Zoning Ordinance Update ZOA09-0005
Proposed amendments are shown below. Text to be added is double underlined (example) and
text to be deleted is shown in strikeout (example). Text in standard font is not changed.
ARTICLE 7-30 NOISE CONTROL
7-30.050 General noise restriction.
(a) No person shall cause, produce, or allow to be produced, in any residential zoning district,
any single event noise more than six dBA above the ambient noise level at the location where the
single event noise source is measured.
(b) No person shall cause, produce or allow to be produced, in any office or commercial
district, any single event noise more than eight dBA above the ambient noise level at the location
where the single event noise source is measured.
(c) The single event noise level shall be measured with a sound level meter as follows:
(1) With respect to noise originating upon a particular site, the measurement can be taken at any
point outside of the property plane for that site.
(2) With respect to noise originating from a dwelling unit constituting part of a multi-family
development, the measurement can be taken at any point beyond the exterior walls of such unit
or at any point within the habitable interior of another dwelling unit located on the same site.
(3) With respect to any situation not described in subsection (c)(1) or (c)(2) of this Section, the
measurement shall be taken at the point where the noise source is located.
ARTICLE 14-10 DEFINITIONS
14-10.110 Frontage.
"Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the
frontage shall be that property line with the shortest dimension of the lot abutting on a street
which does not result in the creation of a nonconforming lot with respect to frontage, width or
depth. If more than one property line of a corner lot abutting on a street can be designated as the
frontage without creating a nonconforming lot, then any of such property lines may be deemed
the frontage.
ARTICLE 15-05 GENERAL PROVISIONS
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15-05.080 Indemnification of the City; liability insurance.
(a) The approval of any application pursuant to this Chapter shall be subject to a condition that
the applicant and the owner of the property to which the approval applies agree shall, upon the
City's request, to defend, indemnify and hold the City and its officers, officials, boards,
commissions, employees, agents and volunteers harmless from and against:
(1) any and all claims, actions or proceedings to attack, set aside, void or annul the approval
any action on the subject application, or any of the proceedings, acts or determinations taken,
done or made prior to such approval or in furtherance of said action , which is brought within the
time prescribed in Section 15-90.080 of this Chapter; and
(2) any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to construction, installation, alteration or grading work (whether on private or
public property) which is the subject of the approval of the application and performed by such
applicant and/or owner, their successors, or by any person acting on behalf of such applicant
and/or owner.
In addition, prior to any Zoning Clearance from the Community Development Director, such
applicant and owner shall execute an agreement implementing said condition , which shall be
subject to prior approval as to form and content by the Community Development Director. If a
defense is requested by the City, the City shall give prompt notice to the such owner and
applicant of any such the involved claim, action or proceeding, and shall cooperate fully in the
defense thereof. Nothing herein shall prevent the City from participating in the providing its own
defense, but in such event if such defense is without the consent of the indemnifying party, the
City shall pay its own attorney's fees and costs.
(b) Whenever an approval granted pursuant to this Chapter authorizes or requires any
construction, installation, alteration or grading work to be performed, whether on public or
private property, the applicant shall furnish to the City The City may in addition require as
follows with regard to the above required agreement:
(1) recordation of such agreement A written agreement to defend, indemnify and hold the City
and its officers, officials, boards, commissions, employees and volunteers harmless from and
against any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or grading work
by the applicant or by anyone acting on his behalf; and
(2) When required as a condition of the approval, proof of a policy or policies of liability and other
insurance coverage (including, but not limited to contractual liability coverage) consistent in accordance
with the applicable insurance standards of the City, as established from time to time by resolution of the
City Council.
ARTICLE 15-06 DEFINITIONS
15-06.022 Accessory structure.
"Accessory structure" means a structure which is: (a) detached from any other structure such that
the distance between any part of the two structures is thirty-six inches or more; and (b) incidental
and subordinate to, and customarily associated with, the main structure or principal use on the
lot. Notwithstanding the foregoing, second dwelling units are not accessory structures. No
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accessory structure is permitted in any zone district in the absence of an existing or concurrently
established main structure or principal use on the lot.
15-06.290 Frontage.
"Frontage" means the property line of a site abutting on a street. In the case of a corner lot, the
frontage shall be that property line with the shortest dimension of the lot fronting abutting on a
street which does not result in the creation of a nonconforming lot with respect to frontage, width
or depth. If more than one property line of a corner lot abutting on a street can be designated as
the frontage without creating a nonconforming lot, then any of such property lines may be
deemed the frontage.
15-06.420 Lot.
“Lot” means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by
metes and bounds or shown on a parcel map which has been so recorded.
(b) Corner lot means a lot abutting the intersection of two or more streets. A lot abutting on a
curved street or streets shall be considered a corner lot if straight lines drawn from the
intersections of the lot lines with the street lines meet at an interior angle of one hundred thirty-
five degrees or less, or if the centerline of the street abutting the lot has an interior angle over the
distance of any curve of one hundred thirty-five degrees or less as illustrated in Figure 1.
Figure 1: Interior, Double Frontage and Corner Lots
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of
land not otherwise meeting the requirements of this Chapter for site width. The length of a
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corridor access shall be measured from the frontage line to the nearest point of intersection with
that property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In-fill lot means a lot surrounded by other developed lots in at least three out of four
northern, southern, eastern or western directions.
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately
parallel streets.
15-06.430 Lot line.
“Lot line” means any boundary of a lot.
(a) Front lot line means, on an interior lot, the lot line abutting a street, or, on a corner lot, the
shortest dimension of the lot fronting the street, or, on a double frontage lot, the lot line abutting
the street providing the primary means of access to the lot, or, on a flag lot, the interior lot line
most parallel to and nearest the street from which the means of access is obtained, except that
where the average width of a flag lot exceeds its average depth and the longer dimension is
considered the depth, the front lot line will be the property line from which the front yard is
measured.
(b) Rear lot line means the lot line not intersecting a front lot line which is most distant from
and most closely parallel to the front lot line. boundary opposite, or approximately opposite the
front lot line. A lot bounded by only three lot lines will not have a rear lot line.
(c) Side lot line means any lot line which is not a front or rear lot line.
(d) Interior lot line means any lot line not abutting a street.
(e) Exterior lot line or street lot line means any lot line abutting a street.
(f) The Community Development Director may assign or designate lot lines for irregular-shaped
parcels or lots that do not have frontage, as defined in Section 15-06.290.
15-06.520 Property line.
"Property line" means lot line, as defined in Section 15-06.430.
15-06.587 Setback.
"Setback" means the minimum distance between the structure and any lot line. Where a street
line is located within the boundaries of a site, the required setback shall be measured from such
street line instead of the lot line.
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15-06.588 Setback area.
(a) Front setback area means that portion of a site bounded by the side lot lines, the front lot
line, and the front setback line, located the required minimum distance from the front lot line.
(b) Side setback area means that portion of a site bounded by the front setback area, the rear
setback area, the side lot line, and the side setback line, located the required minimum distance
from the side lot line.
(1) Exterior side setback area means that portion of a site bounded by the front setback area,
the rear setback area, the exterior side lot line, and the exterior side setback line, located the
required minimum distance from the exterior side lot line of a corner lot. Exterior side setback
areas exist only on corner lots.
(2) Interior side setback area means that portion of a site bounded by the front setback area,
the rear setback area, the interior side lot line, and the interior side setback line, located the
required minimum distance from the interior side lot line.
(c) Rear setback area means that portion of a site bounded by the side lot lines, the rear lot line
or the rearmost portion of the lot if there is no rear lot line, and the rear setback line, located the
required minimum distance from the rear lot line or the rearmost portion of the lot if there is no
rear lot line.
(d) When a lot line is located in a street the setback area shall be measured from the right-of-
way line, street line, or the plan line of a street (if any, and defined as the ultimate City-
determined improvement line for a specific street segment), instead of the lot line .
15-06.730. Zoning Clearance.
“Zoning Clearance” means a certification from the Community Development Director that a
project as shown on construction drawings complies with all applicable zoning regulations and
development conditions (e.g., conditions of approval). A zoning clearance shall not constitute a
representation or warranty by the City to the owner of the property or to any other person with
respect to the statements contained therein, nor shall the issuance of a zoning clearance prevent
the City from enforcing any zoning regulation or development condition if a violation of the
same is later found to exist.
ARTICLE 15-11 A: AGRICULTURAL DISTRICT
15-11.020 Permitted uses.
The following permitted uses shall be allowed in the agricultural district:
(a) Single-family dwellings.
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(b) Accessory structures and uses located on the same site as a permitted use, including barns,
farm out-buildings, storehouses, garden structures; green houses, workshops and one guest
house.
(c) Raising of field crops, fruit and nut trees, vegetables, horticultural specialties and timber.
(d) Processing of products produced on the site.
(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(f) Stables and corrals for the keeping for private use of one horse for each forty thousand
square feet of net site area; provided, however, that in the equestrian zone only, one additional
horse may be permitted on the first forty thousand square feet of net site area, and an additional
horse may be permitted for each additional forty thousand square feet of net site area. All horses
shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this
Code.
(g) Swimming pools used solely by persons resident on the site and their guests.
(h) The keeping for private use of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of
this Code, and subject also to the following restrictions:
(1) All animals shall be kept as pets only, and not for sale, breeding, experimental or
commercial purposes.
(2) Animals shall at all times be confined to the site, unless restrained or caged and under the
direct control of the owner or person having custody of the animal.
(3) No animals shall be permitted which are vicious, poisonous, wild, dangerous, capable of
raucous outcry or other noise disturbing to the peace and quiet of the neighborhood, or otherwise
constitute a hazard to the public health, safety or welfare, and all such animals are hereby
declared to be a public nuisance.
The factors to be considered in determining whether the number of animals upon a site is
reasonable shall include, but are not limited to, the size of the site or portion thereof on which the
animals are kept; the type of animals and extent of noise, odor or other adverse impacts upon the
occupants of neighboring properties the animals may cause by their presence on the site; the
proximity of other dwelling units; the manner in which the animals are confined upon the site;
and the propensity of the animals to cause injury or damage to persons or property.
(i) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-46.
15-11.030 Conditional uses.
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The following conditional uses may be allowed in the agricultural district, upon the granting of a
use permit pursuant to Article 15-55 or Article 15-56 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests.
(i) Commercial stables and community stables, subject to the regulations prescribed in Section
7-20.220 of this Code.
(j) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
ARTICLE 15-12 R-1: SINGLE-FAMILY RESIDENTIAL DISTRICTS
15-12.020 Permitted uses.
The following permitted uses shall be allowed in the R-1 districts:
(a) Single-family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops,
cabanas, structures for housing swimming pool equipment, one second dwelling unit or one
guest house.
(c) Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment products or supplies for commercial
uses.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-
40 of this Chapter.
(e) Stables and corrals for the keeping for private use of one horse for each forty thousand
square feet of net site area; provided, however, that in the equestrian zone only, one additional
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horse may be permitted on the first forty thousand square feet of net site area, and an additional
horse may be permitted for each additional forty thousand square feet of net site area. All horses
shall be subject to the regulations and license provisions set forth in Section 7-20.220 of this
Code.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of
this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of
this Chapter.
(h) Except as specified in Section 15-12.030, recreational courts, to be used solely by persons
resident on the site and their guests.
(i) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-46.
15-12.030 Conditional uses.
The following conditional uses may be allowed in the R-1 districts, upon the granting of a use
permit pursuant to Article 15-55 or Article 15-56 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities, in excess of six persons being cared for at the facility.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests, where
the lot is located in an R-1 district that is combined with a P-C district or is part of a planned
residential development.
(i) Boarding stables and community stables, subject to the regulations prescribed in Section 7-
20.220 of this Code.
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(j) Model homes utilized in connection with the sale of new single-family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period
of time as determined by the Planning Commission, not to exceed an initial term of one year and
not exceeding a term of one year for each extension thereof.
(k) Cemeteries.
(l) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
15-12.100 Height of structures.
(a) No single-family dwelling shall exceed twenty-six feet in height and no other type of main
structure shall exceed thirty feet in height. Exceptions to these limitations may be approved
pursuant to a Use Permit and Design Review issued in accordance with Article 15-55 of this
Code if the additional height is necessary in order to adhere to a specific architectural style. The
additional height may only be granted on residentially zoned parcels exceeding twenty thousand
square feet. The Staff and Planning Commission will use the "A Field Guide to American
Houses" and other resource material approved by the Planning Commission as resources
documents to assess the purity of architectural design.
(b) No accessory structure shall exceed fifteen feet in height; provided, however, the Planning
Commission may approve of an accessory structure extending up to twenty feet in height if the
Commission finds and determines that:
(1) The additional height is necessary in order to establish architectural compatibility with the
main structure on the site; and
(2) The accessory structure will be compatible with the surrounding neighborhood.
(c) No structure shall exceed two stories, except that pursuant to a use permit issued under
Article 15-55 of this Chapter, a three-story structure may be allowed for an institutional facility
located upon a site designated for quasi-public facilities (CFS) (QPF) in the General Plan, where
the average slope underneath the structure is ten percent or greater and a stepped building pad is
used.
ARTICLE 15-13 HR: HILLSIDE RESIDENTIAL DISTRICT
15-13.030 Permitted uses.
The following permitted uses shall be allowed in the HR district:
(a) Single-family dwellings.
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(b) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby shops,
cabanas, structures for housing swimming pool equipment and one guest house.
(c) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the
processing of such products as are so raised or grown on the premises.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15-
40 of this Chapter.
(e) Stables and corrals or the keeping for private use of not more than two horses on a site. The
minimum net site area shall be forty thousand square feet for one horse and eighty thousand
square feet for two horses, except that in the equestrian zone only, a second horse may be kept if
the net site area is at least forty thousand square feet. All horses shall be subject to the
regulations and license provisions set forth in Section 7-20.220 of this Code.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use, of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of
this Code, and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of
this Chapter.
(h) Public parks, trails and other publicly owned open spaces.
(i) Antenna facilities operated by a public utility for transmitting and receiving cellular telephone
and other wireless communications, subject to design review under Article 15-46.
15-13.040 Conditional uses.
The following conditional uses may be allowed in the HR district, upon the granting of a use
permit pursuant to Article 15-55 or Article 15-56 of this Chapter. The conditional uses listed in
subsections (k), (l), (m), (n) and (o) of this Section may be permitted, provided the uses do not
create major traffic or noise impacts and are found to be compatible with the immediately
surrounding area:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(c) Recreational courts, to be used solely by persons resident on the site and their guests.
(d) Boarding stables and community stables, subject to the regulations prescribed in Section 7-
20.220 of this Code.
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(e) Model homes utilized in connection with the sale of new single-family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period
of time as determined by the Planning Commission, not to exceed an initial term of one year and
not exceeding a term of one year for each extension thereof.
(f) Stables and corrals for the keeping for private use of more than two horses on a site. The
minimum net site area for each horse shall be forty thousand square feet, except that in the
equestrian zone only, one additional horse may be permitted for each forty thousand square feet
of net site area. All horses shall be subject to the regulations and license provisions set forth in
Section 7-20.220 of this Code.
(g) Plant nurseries, excluding sales of items other than plant materials.
(h) Wineries.
(i) Cluster development in accordance with Section 15-13.060(c).
(j) Community facilities.
(k) Institutional facilities.
(l) Police and fire stations and other public buildings, structures and facilities.
(m) Religious and charitable institutions.
(n) Nursing homes and day care facilities.
(o) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
ARTICLE 15-17 R-M: MULTI-FAMILY RESIDENTIAL DISTRICTS
15-17.020 Permitted uses.
The following permitted uses shall be allowed in the R-M districts:
(a) Single-family dwellings.
(b) Multi-family dwellings.
(c) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, hobby shops,
cabanas and structures for housing swimming pool equipment.
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(d) Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment, products or supplies for commercial
uses.
(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15-40
of this Chapter.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of dogs, cats and other small mammals,
birds, fish and small reptiles, subject to the regulations as set forth in Article 7-20 of this Code,
and subject also to the restrictions and standards prescribed in Section 15-11.020(h) of this
Chapter.
(h) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-46.
15-17.030 Conditional uses.
The following conditional uses may be allowed in the R-M districts, upon the granting of a use
permit pursuant to Article 15-55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests.
(i) Model dwelling units utilized in connection with the sale of dwelling units in a residential
subdivision, located within the same subdivision or, in the discretion of the Planning
Commission, within another subdivision developed by the applicant, for such period of time as
determined by the Planning Commission, not to exceed an initial term of one year and not
exceeding a term of one year for each extension thereof.
(j) Hotels, in the R-M-3,000 district only.
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(k) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
ARTICLE 15-18 P-A: PROFESSIONAL AND ADMINSTRATIVE DISTRICTS
15-18.020 Permitted uses.
The following permitted uses shall be allowed in a P-A district, unless a use involves the
operation of a business providing direct customer service (including, but not limited to,
conducting a delivery service) on-site between the hours of 1:00 A.M. and 6:00 A.M., in which
event such use may be allowed upon the granting of a use permit pursuant to Article 15-55 of
this Chapter:
(a) Professional, administrative and medical offices.
(b) Financial institutions.
(c) Accessory structures and uses located on the same site as a permitted use.
(d) Parking lots which comply with the standards for off-street parking facilities as set forth in
Section 15-35.020 of this Chapter.
(e) Temporary seasonal Christmas tree and pumpkin sales on a site not less than nine and one-
half acres in size.
(f) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-46.
15-18.030 Conditional uses.
The following conditional uses may be allowed in a P-A district, upon the granting of a use
permit pursuant to Article 15-55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
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(h) Mixed Use Developments conforming to the Mixed Use Design Standards found in Article
15-58.
(i) Bed and breakfast establishments.
(j) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
ARTICLE 15-19 C: COMMERCIAL DISTRICTS
15-19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
(a) Permitted uses. The following permitted uses shall be allowed in any commercial district,
unless a use involves the operation of a business providing direct customer service (including,
but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and
6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant
to Article 15-55 of this Chapter:
(1) Retail establishments, except restaurants, markets, delicatessens, and any establishment
engaged in the sale of alcoholic beverages.
(2) Home occupations, conducted in accordance with the regulations prescribed in Article 15-
40 of this Chapter.
(3) Parking lots which comply with the standards for off-street parking facilities as set forth in
Section 15-35.020 of this Chapter.
(4) Accessory structures and uses located on the same site as a permitted use.
(5) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article 15-46.
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
(1) Restaurants.
(2) Markets and delicatessens.
(3) Any establishment engaged in the sale of alcoholic beverages.
(4) Hotels and motels.
(5) Bed and breakfast establishments.
(6) Institutional facilities.
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(7) Community facilities.
(8) Game arcades.
(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los Gatos
Road or Saratoga Avenue and accessible directly from such arterial road; provided, that all
operations except the sale of gasoline and oil shall be conducted within an enclosed structure.
(10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal
establishments shall be subject to the regulations and license provisions set forth in Section 7-
20.210 of this Code.
(11) Public buildings and grounds.
(12) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks, transmission lines and cable television facilities.
(13) Accessory structures and uses located on the same site as a conditional use.
(14) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
ARTICLE 15-35 OFF-STREET PARKING AND LOADING FACILITIES
15-35.040 Design standards for off-street parking facilities
Off-street parking facilities shall comply with the following standards:
(a) Each standard parking space shall be not less than eighteen feet in length and nine feet, six
inches in width, exclusive of aisles and access drives. The spaces shall be marked by double
strips two feet apart and the width of each space shall be measured from center to center of the
double strips. Each parallel standard parking space shall be not less than twenty-three feet in
length and eight feet in width.
(b) Each compact parking space shall be not less than sixteen feet in length and eight feet in
width, exclusive of aisles and access drives; provided, however, when spaces are marked by
double strips two feet apart, the width of each compact parking space may be not less than seven
feet, six inches as measured from center to center of the double strips. Each parallel compact
parking space shall be not less than nineteen feet in length and eight feet in width.
(c) Sufficient room for turning and maneuvering vehicles shall be provided on the site.
(d) The width of the driveway within a single-family residential district shall be a minimum of
twelve feet or greater, as required by the Fire District having jurisdiction pursuant to Fire Code
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requirements, as described in Article 16-15 of the Code. The width of the driveway in all other
zoning districts shall be as required by the Fire District having jurisdiction.
(e) Each parking space shall be accessible from a street or alley, independent of any other
parking space; provided, however, in the case of off-street parking for a single-family dwelling
or a second dwelling unit, the approving authority may permit tandem parking.
(f) Entrances and exits shall be provided at locations approved by the City.
(g) The parking area, aisles and access drives shall be designed, paved, graded and drained in
accordance with applicable City construction standards, subject to approval by the City Engineer.
(h) Bumper rails shall be provided where needed for safety or to protect property, as prescribed
by the City Engineer.
(i) If the parking area is illuminated, lighting shall not exceed one hundred foot lamberts and
shall be deflected away from adjoining residential sites so as to cause no annoying glare.
(j) Where a parking area is located adjacent to, or directly across a street or alley from, an A, R-
1, HR or R-M district, a landscaped strip not less than five feet in depth shall be planted and
permanently maintained along the property line with plant materials not less than five feet in
height; except, that within fifty feet from a street intersection, as measured from intersecting
curblines or intersecting edges of the street pavement where no curb exists, the plant materials
shall not exceed three feet in height above the established grade of the adjoining street.
(k) Where residential parking is located in a garage, the dimensions of the required parking
spaces shall be not less than eighteen feet in length and nine feet, six inches in width.
ARTICLE 15-45 DESIGN REVIEW: SINGLE-FAMILY DWELLING
15-45.070 Application requirements.
(a) Applications for administrative design review approval and design review approval shall be
filed with the Community Development Director on such forms as the Director shall prescribe.
An application shall include the following exhibits:
(1) Site plan showing (i) property lines, (ii) easements and their dimensions, (iii) underground
utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography, (vii)
species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g)), canopy
driplines, and locations of all heritage trees (as defined in Section 15-50.020(l), trees measuring
at least ten inches DBH, and all native trees measuring at least six inches DBH on the property
and within one hundred fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian
corridors.
(2) Any application that proposes new construction three feet or closer to a required setback
area shall include a boundary survey survey site plan signed by a licensed land surveyor or
registered civil engineer qualified to do property line surveys. Such surveys shall verify the
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location of all existing property lines, easements, structures and protected trees, as defined in
Section 15-50.020(q).
(3) A statement of energy conserving features proposed for the project. Such features may
include, but are not limited to, use of solar panels for domestic hot water or space heating,
passive solar building design, insulation beyond that required under State law, insulated
windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study
if determined necessary by the Community Development Director.
(4) Elevations of the proposed structures showing exterior materials, roof materials and window
treatment.
(5) Cross sections for all projects located on a hillside lot, together with an aerial photograph of
the site if requested by the Community Development Director.
(6) Engineered grading and drainage plans, including cross sections if the structure if the
structure is to be constructed on a hillside lot.
(7) Floor plans that indicate total floor area, determined in accordance with Section 15-06.280
of this Chapter.
(8) Roof plans.
(9) Landscape and irrigation plans for the site, showing the location of existing trees proposed
to be retained on the site, the location of any proposed replacement trees, the location and design
of landscaped areas, types and quantities of landscape materials and irrigation systems,
appropriate use of native plants and water conserving materials and irrigation systems and all
other landscape features.
(10) Tree Preservation Plan, as required in Section 15-50.140.
(11) Preliminary title report showing all parties having any interest in the property and any
easements, encumbrances and restrictions, which benefit or burden the property.
(12) Such additional exhibits or information as may be required by the Community
Development Director. All exhibits shall be drawn to scale, dated and signed by the person
preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on
sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven
inches by seventeen inches in size.
(13) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the
City Engineer.
(14) Such additional exhibits or information as may be required by the Community Development
Director to demonstrate compliance with Article 16-47 – Green Building Regulations of the
Saratoga City Code.
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(b) An application shall be accompanied by the payment of a processing fee, in such amount as
established from time to time by resolution of the City Council.
15-45.075 Requirement for Story Poles
Story poles are required as set forth below in order to depict the elevations and silhouettes of a
proposed new building or an addition to an existing building requiring design review approval.
(a) Definition and Requirement. Story Poles are temporary frames delineating the height and
general area of a proposed structure. Story poles must be installed in the manner set forth below
if the project is subject to design review approval.
(b) Timing. The applicant shall install the story poles when notified to do so by the Community
Development Department or designated representative. Generally, this will be two weeks prior
to advertising the public hearing for the project (or in the case of administrative design review
two weeks prior to the “Notice of Intent to Approve”). Neither the notice of public hearing nor
the “Notice of Intent to Approve” (as applicable) for the project will be mailed until the story
poles are installed to the satisfaction of the Community Development Director and photographs
of the installed and approved story poles are filed with the Community Development
Department.
(c) Requirements. The applicant’s surveyor or civil engineer shall determine the perimeter
points and elevations of the story poles based on the plans to be considered by the approving
body. A letter signed by the project surveyor or civil engineer certifying the accuracy of the
story poles shall be submitted before notice of the public hearing or the “Notice of Intent to
approve” (as applicable) on the project is mailed. Story poles shall be constructed of rigid
materials which accurately outline the height and general area (including the proposed
ridgelines) for the new structure and/or addition. To delineate the area of large or complex
structures staff may require the addition of netting or other appurtenances. All perimeter walls
shall be delineated on the ground.
(d) Duration. The story poles shall not be removed until a decision on the project has been
made by the approving body and no appeal has been filed. If the decision by the approving body
is appealed, the story poles shall remain in place until a final decision that is not subject to appeal
has been made. The story poles are required to be removed within 15 calendar days after a final
action has been taken and all appeal periods have expired. If a project application is issued a
continuance for an extended period of time, the Community Development Director may require
the story poles to be removed and reinstalled not less than fifteen (15) days prior to the next
public hearing on the project.
15-45.085 Off-site Required improvements.
15-45.090 Expiration of design review approval; extension; tolling of time period.
(a) Each design review approvals granted pursuant to this Article shall expire thirty-six months
from the date on which the approval became effective, unless prior to such expiration date a
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building permit is issued and construction commenced. If such building permit expires, and the
Building Official does not renew the building permit within one hundred eighty days after
expiration, the Design Review approval shall expire.
(b) A design review approval may be extended for a single period of twelve months by the
Community Development Director. Any application for extension shall be filed prior to the
expiration date, and shall be accompanied by the payment of a fee in such amount as established
from time to time by resolution of the City Council. Extension of design review approval is not a
matter of right and the approving authority may deny the application or grant the application
subject to conditions. Neither the period of time specified in subsection (a) of this Section nor
any extension period shall include the period of time during which a lawsuit involving the
approval or conditional approval of the design review is or was pending in a court of competent
jurisdiction.
(c) A design review approval in conjunction with an approved tentative subdivision map or
approved use permit, or both, may be extended for a period or periods of time not to exceed the
time authorized under Section 14-20.080(b) or Section 15-55.090(b) of this Code, respectively.
The application for extension shall be filed in the manner prescribed in, and shall be reviewed in
accordance with the standards set forth in, Section 14-20.080(b) or Section 15-55.090(b) of this
Code, respectively.
ARTICLE 15-46 DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND
COMMERCIAL STRUCTURES
15-46.020 Requirement for design review; public hearing.
(a) In each of the following cases, no building permit shall be issued until the proposed
improvements have received design review approval by the Planning Commission pursuant to
this Article:
(1) Any new main structure in an R-M, P-A or C district.
(2) Any expansion over five hundred square feet to an existing main structure in an R-M, P-A
or C district.
(3) Any substantial exterior alteration, as determined by the Community Development Director,
to an existing structure in an R-M, P-A or C district.
(4) Any addition over twenty-two feet in height to an existing main or accessory structure
which results in a structure over twenty-two feet in height in an R-M, P-A or C district.
(5) Any parking lot in an R-M, P-A or C district covering an area of one thousand square feet or
greater.
(6) Any structure, except a single-family dwelling or accessory structure, having a floor area of
one thousand square feet or greater, located in an A, R-1, HR or R-OS district.
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(7) Any new antenna facility operated by a public utility for transmitting and receiving cellular
telephone and wireless communication, located in an district that permits such use.
(b) A public hearing on the application for design review approval under this Article shall be
required. Notice of the public hearing shall be given not less than ten days nor more than thirty
days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of
the hearing to the applicant and to all persons whose names appear on the latest available
assessment roll of the County as owning property within five hundred feet of the boundaries of
the site upon which the structure, expansion, alteration, addition or parking lot is to be
constructed. Notice of the public hearing shall also be published once in a newspaper having
general circulation in the City not later than ten days prior to the date of the hearing.
15-46.030 Application requirements.
(a) Application for design review approval shall be filed with the Community Development
Director on such form as shall be prescribed. The application shall include the following
exhibits:
(1) A site plan showing property lines, easements, dimensions, topography, and the proposed
layout of all structures and improvements including, where appropriate, driveways, pedestrian
walks, parking and loading areas, landscaped areas, fences and walls, and the species, trunk
diameter breast height (DBH as defined in Section 15-50.020(g)), canopy driplines, and locations
of all heritage trees (as defined in Section 15-50.020(l)), trees measuring at least ten inches DBH,
and all native trees measuring at least six inches DBH on the property and within one hundred
fifty feet of the property. The site plan shall indicate the locations of entrances and exits and the
direction of traffic flow into and out of parking and loading areas, the location and dimension of
each parking and loading space, and areas for turning and maneuvering vehicles.
(2) Architectural drawings or sketches showing all elevations of the proposed structures as they
will appear upon completion. All exterior surfacing materials and their colors shall be specified,
and the size, location, material, colors and illumination of all signs shall be indicated.
(3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed
to be retained on the site, the location of any proposed replacement trees, types and quantities of
landscape plants and materials and irrigation systems, appropriate use of native plants, and water
conserving plants and materials and irrigation systems, and all other landscape features.
(4) Cross sections for all projects located on a hillside lot.
(5) Engineered grading and drainage plans, including cross sections if the structure is to be
constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the
requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES).
(6) Floor plans showing total floor area, determined in accordance with Section 15-06.280 of
this Chapter.
(7) Roof plans.
(8) Such additional exhibits or information as may be required by the Community Development
Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by
the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets
drawn on sheets eighteen inches by twenty-eight inches in size and fifteen sets on sheets eleven
inches by seventeen inches in size.
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(9) Such additional exhibits or information as may be required by the Community Development
Director to demonstrate compliance with Article 16-47 – Green Building Regulations of the
Saratoga City Code.
(b) The application shall be accompanied by the payment of a processing fee, in such amount as
established from time to time by resolution of the City Council, together with a deposit toward
the expense of noticing the public hearing as determined by the Community Development
Director.
15-46.032 Requirement for Story Poles.
Story poles shall be required in the same manner as under City Code Section 15-45.075.
15-46.040 Design Criteria Review Findings.
The Planning Commission shall not grant design review approval unless it is able to make the
following findings In reviewing applications for design review approval under this Article, the
Planning Commission shall be guided by the following criteria:
(a) Where more than one building or structure will be constructed, the architectural features and
landscaping thereof shall be harmonious. Such features include height, elevations, roofs,
material, color and appurtenances.
(b) Where more than one sign will be erected or displayed on the site, the signs shall have a
common or compatible design and locational positions and shall be harmonious in appearance.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be preserved;
it shall make use of water-conserving plants, materials and irrigation systems to the maximum
extent feasible; and, to the maximum extent feasible, it shall be clustered in natural appearing
groups, as opposed to being placed in rows or regularly spaced.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
nonreflective.
(e) Roofing materials shall be wood shingles, wood shakes, tile, or other materials such as
composition as approved by the Planning Commission. No mechanical equipment shall be
located upon a roof unless it is appropriately screened.
(f) The proposed development shall be compatible in terms of height, bulk and design with
other structures in the immediate area.
15-46.050 Expiration of design review approval; extension; tolling of time period.
(a) Design review approvals granted pursuant to this Article shall expire twenty-four months
from the date on which the approval became effective, unless prior to such expiration date a
building permit is issued for the improvements constituting the subject of the design review
approval and construction thereof is commenced and prosecuted diligently toward completion, or
a certificate of occupancy issued for such improvements.
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(b) Design review approvals may be extended for a single period or periods of time not
exceeding twelve months. The application for extension shall be filed prior to the expiration date,
and shall be accompanied by the payment of a fee in such amount as established from time to
time by resolution of the City Council. If a public hearing was conducted on the original design
review application, a public hearing shall similarly be conducted on the application for extension
and notice thereof shall be given in the same manner as prescribed in Section 15-46.020(b) of
this Article. Extension of design review approval is not a matter of right and the approving
authority may deny the application or grant the same subject to conditions. Neither the period of
time specified in subsection (a) of this Section nor any extension period shall include the period
of time during which a lawsuit involving the approval or conditional approval of the design
review is or was pending in a court of competent jurisdiction, if the stay of the time period is
approved by the Planning Commission.
(c) Design review approvals approved in conjunction with an approved tentative subdivision
map or approved use permit, or both, may be extended for a period or period of time not
exceeding thirty-six months. The application for extension shall be filed in the manner prescribed
in and shall be reviewed in accordance with the standards set forth in, Section 14-20.080(b) or
Section 15-55.090(b) of the Code, respectively.
15-46.055 Required Improvements
The design criteria specified in Section 15-46.040 may be made subject to conditions reasonably
related to the project and to the findings required for approval. Conditions may include, but are
not limited to, the following:
(a) Construction or repair of curb, gutters and sidewalks.
(b) Water or sewer main extensions.
(c) Storm drain installation.
(d) Dedication of property or easements for utilities, street lighting, public right-of-way, trails,
etc.
(e) Installation of street trees.
(f) Completion of street widening paving to property line.
(g) Repair or reconstruction of street paving prior to the issuance of a certificate of occupancy.
(h) Undergrounding of existing overhead utility lines from closest exiting distribution pole to
the new structure.
(i) Improvements to water delivery systems as required by the Fire District or Water Company
to ensure both adequate domestic and fire flow.
(j) Installation of fire hydrants as required by the Fire District having jurisdiction.
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ARTICLE 15-56 SECOND DWELLING UNITS
15-56.030 Development standards.
Except as otherwise provided in Section 15-56.050, each second dwelling unit shall comply with
all of the following development standards:
(a) Lot size. The net site area of the lot upon which the second dwelling unit is located shall not
be less than the minimum standard prescribed for the district applicable to such lot. Minimum
standards for lots located in the HR Residential District are determined per Section 15-13.060 (a)
of the City Code.
(b) Unit size. The second dwelling unit shall be at least four hundred square feet and shall not
exceed one thousand two hundred square feet of living space, not including the garage. If a
second dwelling unit has a basement, the area of the basement is included as part of the total
maximum allowed.
(c) Building codes. The second dwelling unit shall comply with applicable building, health and
fire codes.
(d) Zoning regulations. The second dwelling unit shall comply with applicable zoning
regulations (including, but not limited to, required setbacks, coverage, and height limits). A one-
time ten percent increase in site coverage and allowable floor area may be granted by the
Community Development Director if the new second dwelling unit is deed restricted so that it
may only be rented to below market rate households.
(e) Parking. A minimum of one off-street covered parking space within a garage shall be
provided for the second dwelling unit in addition to the off-street covered parking spaces
required for the main dwelling. The garage requirement may be waived if the second dwelling
unit is deed restricted so that they may only be rented to below market rate households. If the
garage requirement is waived, an open parking space must be provided.
(f) Access. The second dwelling unit shall be served by the same driveway access to the street
as the existing main dwelling.
(g) Common entrance. If the second dwelling unit is attached to the main dwelling, both the
second dwelling unit and the main dwelling must be served by either a common entrance or a
separate entrance to the second dwelling unit must be located on the side or at the rear of the
main dwelling.
(h) Limitations on number of bedrooms. A second dwelling unit may not have more than two
bedrooms.
(i) Appearance. All new construction to create a second dwelling unit must match the existing
main structure in color, materials and architectural design.
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ARTICLE 15-80 MISCELLANEOUS REGULATIONS AND EXCEPTIONS
15-80.030 Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures in any A, R-1,
HR, R-OS or R-M district:
(a) Stables and corrals. Subject to approval by the Community Development Director, no stable
or corral, whether private or community, shall be located closer than fifty feet from any property
line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In
the HR district, no stable or corral shall be located closer than fifty feet from any stream and the
natural grade of a corral shall not exceed an average slope of fifteen percent.
(b) Swimming pools. Subject to approval by the Community Development Director, no
swimming pool or accessory mechanical equipment shall be located in a required front, side or
rear setback area, except as follows:
(1) A swimming pool and accessory mechanical equipment may be located within a required
rear setback area, but the water line of the swimming pool may be no closer than six feet from
any property line. Any portion of such swimming pool that is located outside of the rear setback
area shall comply with the side setback area requirements for the site.
(2) If the required minimum side setback area is more than ten feet, accessory mechanical
equipment may be located within such side setback area, but no closer than ten feet from the side
lot line.
(c) Recreational courts. Subject to approval by the Community Development Director,
recreational courts may be allowed, provided that such recreational courts shall comply with all
of the following restrictions, standards and requirements:
(1) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illuminated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front or side setback area. Such courts
may be located within a required rear setback area, but no closer than fifteen feet from any
property line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an
average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this
Chapter.
(7) The recreational court shall be landscaped, in accordance with a landscape plan approved by
the Community Development Director, so as to create a complete landscaping buffer from
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adjoining properties within two years from installation. In addition, a bond, letter of credit or
other security, in such amount as determined by the Community Development Director, shall be
furnished to the City to guaranty the installation of the landscaping improvements in accordance
with the approved landscaping plan.
(8) The recreational court shall be designed and located to minimize adverse impacts upon
trees, natural vegetation and topographical features and to avoid damage as a result of drainage,
erosion or earth movement.
(9) The recreational court shall be designed to preserve the open space qualities of hillsides,
creeks, public paths, trails and rights-of-way on or in the vicinity of the site.
(d) Enclosed accessory structures. No enclosed accessory structures shall be located in any
required setback area of any lot, except as follows:
(1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55,
cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be
located no closer than six feet from the rear property line and shall not exceed eight feet in
height, plus one additional foot in height for each three feet of setback from the rear property line
in excess of six feet, up to a maximum height of ten feet if the structure is still located within the
required rear setback area.
(2) Subject to approval by the Community Development Director, garden sheds, structures for
housing swimming pool equipment and other enclosed structures of a similar nature, not
exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from
the rear property line and shall not exceed six feet in height, plus one additional foot in height for
each additional foot of setback from the rear property line in excess of six feet, up to a maximum
height of ten feet if the structure is still located within the required rear setback area. This
subsection shall not apply to any structure intended or used for the keeping of animals.
(e) Unenclosed garden structures. Subject to approval by the Community Development
Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work,
arbors and fountains, free-standing fireplaces and play structures may be located no closer than
six feet from a side or rear property line and shall not exceed eight feet in height, plus one
additional foot in height for each additional foot of setback from the side and rear property line
in excess of six feet, up to a maximum height of ten feet if the structure is still located within a
required side or rear setback area.
(f) Solar panels. Subject to approval by the Community Development Director, solar panels not
exceeding six feet in height may be located within any portion of a rear setback area.
(g) Outdoor Cooking Devices Barbeques Subject to approval by the Community Development
Director, permanent outdoor cooking devices barbeques, such as those constructed out of brick
or masonry, may be located no closer than six feet from the rear property line and shall not
exceed four feet in height.
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(h) Accessory structures in R-M district. Notwithstanding any other provisions of this Section
and subject to approval by the Community Development Director, accessory structures not
exceeding fourteen feet in height may be located in a required rear setback area in any R-M
district, provided that not more than fifteen percent of the rear setback area shall be covered by
structures, and provided further, that on a reversed corner lot, an accessory structure shall not be
located closer to the rear property line than the required side setback area on the abutting lot and
not closer to the exterior side property line than the required front setback area of the abutting
lot.
(i) Referral to Planning Commission. With respect to any accessory structure requiring approval
by the Community Development Director, as described in subsections (a) through (h) of this
Section, the Director may refer the matter to the Planning Commission for action thereon
whenever the Director deems such referral to be necessary or appropriate.
(j) Exceptions to standards. The Planning Commission shall have authority to grant exceptions
to any of the regulations set forth in subsections (a) through (h) of this Section pertaining to the
size, height or required setback of an accessory structure in a side or rear setback area, through
the granting of a use permit for such accessory structure pursuant to Article 15-55 of this
Chapter. The Planning Commission’s authority shall not be subject to any quantified
limitations contained in subsections (a) through (h), except subsection (d)(1) which already
establishes quantified limitations on a use permit issued by the Planning Commission. The
Planning Commission’s authority shall not extend to allowing an accessory structure in a setback
area where it not expressly allowed under subsections (a) through (h).
15-80.035 Requirements for basements and lightwells.
The following requirements shall apply to basements in any A, R-1, HR, R-OS or R-M district,
with the exception of requirements in subsections (d) and (e) of this Section, which shall apply to
all districts:
(a) A basement shall be located entirely beneath the building footprint of an enclosed accessory
structure and/or the building footprint of the main structure, including attached garage, and shall
not be located within any required setback area. The building footprint is the floor area from the
exterior surface of the exterior walls of the ground floor of all main or accessory structures on a
lot.
15-80.080 Radio and television aAntennas.
(g) Mitigation of visual impact. Antennas and their support structures, including guy wires
and accessory equipment, shall be located on the site and screened as much as possible by
architectural features, fences or landscaping to minimize the visual impact of the antenna and its
support structure upon adjacent properties and public rights-of-way. The materials used in
constructing the antenna and its support structure shall not be unnecessarily bright, shiny or
reflective. Conditions may be imposed upon the issuance of a building or use permit or design
review approval to mitigate the anticipated visual impact of the proposed antenna installation.
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ARTICLE 16-17 EXCAVATION AND GRADING
16-17.160 Driveways.
Unless otherwise recommended in the approved soil engineering or geology report, dDriveways
shall conform to the provisions of this Section.
(a) Gradient. Maximum driveway gradient shall not exceed eighteen percent for more than fifty
feet.
(b) Construction standards:
(1) Driveways to structures with less than a thirty-five foot setback have no conditions placed
on their construction.
(2) Driveways to structures with more than a thirty-five foot setback shall comply with the
following conditions:
a. The width of a driveway servicing one parcel within a single-family residential district shall
be a minimum of twelve feet, or greater as required by the Fire District having jurisdiction. The
driveway servicing more than one parcel within a single family residential district must be at
least fourteen feet wide with a one foot shoulder on each side or greater as required by the Fire
District having jurisdiction. The width of the driveway in all other zoning districts shall be as
required by the Fire District having jurisdiction.
b. The driveway must have a minimum curve radius of forty-two feet.
c. If the finished surface slope is twelve and one-half percent or less, the driveway must have at
least a six-inch aggregate base and a double-coat oil and screening surface.
d. If the finished surface slope is twelve and one-half to fifteen percent slope, the driveway
must have at least a six-inch aggregate base and a two-inch asphalt concrete surface.
e. If the finished surface slope is fifteen to eighteen percent, the driveway must have at least a
six-inch aggregate base and four-inch rough-surface concrete surface.
f. A turnaround at the end of a driveway must have at least a thirty-two foot radius or an
equivalent approved by the Fire District having jurisdiction.
g. The driveway must have a centerline perpendicular to the street right-of-way at the point of
their intersection or present a minimum forty-two foot effective inside radius to vehicles
departing or entering the public street from both sides.
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(3) All bridges and driveway structures shall be designed to sustain a minimum of thirty-five
thousand pounds dynamic loading.
ARTICLE 16-47 GREEN BUILDING REGULATIONS
Sections:
16.47.010 Purpose.
16.47.020 Definitions.
16.47.030 Covered projects.
16.47.040 Private building compliance.
16.47.050 Public building compliance.
16.47.060 Maintenance of resources.
16.47.010 Purpose.
The City finds that green building design and construction can have a significant positive effect
on energy and resource efficiency and reduce waste and pollution generation. The intent of this
Article is to promote the environmental sustainability of natural resources by efficiently
redirecting the use of recyclable materials away from landfills, by encouraging recycled-content
materials in construction, by reducing the energy consumption needs of structures by making
use of efficient construction methods and by promoting groundwater recharge and efficient
preservation and use of water resources.
16.47.020 Definitions.
For the purposes of this Article, certain words and phrases used herein are defined as follows:
(a) "Build It Green" means the Build It Green organization. Build It Green is a California
professional nonprofit membership organization whose mission is to promote healthy, energy-
and resource-efficient buildings.
(b) "Certified green building rater" means a person or organization determined by the
building official to be qualified to perform inspections and provide documentation to assure
compliance with the rating system developed by Build It Green.
(c) "GreenPoint Rated" means the rating system developed by Build It Green.
(d) "LEED" means the leadership in energy and environmental design program developed by
the U.S. Green Building Council. The U.S. Green Building Council is a national professional
nonprofit membership organization whose mission is to promote buildings that are
environmentally responsible.
(e) "LEED accredited professional" means a person or organization determined by the
building official to be qualified to perform inspections and provide documentation to assure
compliance with the U.S. Green Building Council LEED requirements.
16.47.030 Covered projects.
This Article shall apply to the new construction of the following types of buildings:
(a) New single-family and multiple-family dwellings;
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(b) New commercial, mixed-use, and public and community facility buildings.
16.47.040 Private (nonpublic) building compliance.
All covered projects shall demonstrate compliance with the following level of green building
standards and submit application materials determined by the Community Development Director
as sufficient to make such compliance determination:
(a) Single-family and multiple-family dwellings.
(1) Prior to issuance of a building permit, the applicant shall submit verification by a certified
green building rater that the dwelling design qualifies for a minimum score of fifty (50) points
under the GreenPoint rating system.
(2) Prior to issuance of a final occupancy inspection, the applicant shall submit verification by
a certified green building rater that the dwelling was built in compliance with the approved plans
which supported the minimum score of fifty (50) points, including the requisite number of points
in the specific categories as specified in the GreenPoint rating system.
(b) Commercial, mixed-use, and community facility buildings.
(1) Prior to issuance of a building permit, the applicant shall submit verification by the City
building official that the building design will be fifteen (15) percent more energy efficient than
required by Part 6 of Title 24 of the California Code of Regulations using a State of California
adopted performance method, as approved by the State Energy Commission.
(2) Prior to issuance of a final occupancy inspection, the applicant shall submit verification by
the project architect or engineer that the building was constructed per the approved energy
efficiency requirements.
16.47.050 Public building compliance.
All covered projects shall demonstrate compliance with the following level of green building
standards:
(a) Public buildings that are less than five thousand (5,000) square feet in size.
(1) Prior to issuance of a building permit, the City shall verify that the building design will be
fifteen (15) percent more energy efficient than required by Part 6 of Title 24 of the California
Code of Regulations using a state of California adopted performance method, as approved by the
State Energy Commission.
(2) Prior to issuance of a final occupancy inspection, the City shall verify that the building was
constructed per the approved energy efficiency requirements.
(b) Public buildings that are five thousand (5,000) square feet in size, or larger.
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(1) Prior to issuance of a building permit, the City shall verify that the building design has been
LEED certified at a minimum silver level.
(2) Prior to issuance of a final occupancy inspection, the city shall verify that the building was
constructed in compliance with the LEED certification.
16.47.060 Maintenance of resources.
The building official shall maintain a current list of certified green building raters and LEED
accredited professionals who are qualified to provide the GreenPoint Rated and LEED
certifications, and shall be responsible for administering and implementing the requirements of
this Article.
ARTICLE 17-05 EXISTING LAWS
17-05.010 Greenhouse gas reduction policies.
The list below provides a reference to Sections of the City of Saratoga Municipal Code seeking
to reduce emissions of greenhouse gases, together with a brief description of each Section.
Nothing in this section shall change the meaning of the code sections summarized below and the
full text of each section shall apply regardless of the summary below.
(a) 2-45.95 Recycled paper. Mandates the establishment of procedures for purchasing recycled
paper and paper products, giving preference to recycled materials when all other factors are
equal.
(b) 4-65.090 Recyclers; quarterly reports. Requires quarterly reports on meeting waste
reduction goals.
(c) 6-15.070 Discharge of pollutants into storm drains and watercourses. Establishes a
misdemeanor for depositing pollutants into natural waterways and storm drains.
(d) 9-70 Transportation demand management. Promotes the implementation of programs to
reduce traffic congestion and improve air quality in the City.
(e) 14-25.065 Subdivisions: design requirements: creek protection easement. To protect creeks,
creek banks, and associated wildlife habitats, prohibits building within a specified area around a
protected creek.
(f) 15-16 P-C: Planned community district. Allows for the creation of Planned Community
Districts, which include smaller, less expensive housing, in addition to dedicating space for parks
and recreation uses.
(g) 15-20.050(j) R-OS: Residential open space district, development criteria: Landscaping. In
R-OS areas, gives preference to natural, indigenous, and drought-resistant plants.
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(h) 15-45.055 Residential design handbook. Requires that all single-family structures be built in
accordance with the guidelines in the Residential Design Handbook, which includes information
on energy efficiency and promotes native vegetation and minimizing the amount of paved
surfaces.
(i) 15-47 Water-efficient landscapes. To promote water conservation, encourages water-
efficient landscaping including programming watering devices to account for weather patterns,
using recycled water for landscape irrigation, and grouping plants for efficient watering. Also
requires that the City inform new home-owners about water-efficient landscapes.
(j) 15-48 Limitations on wood-burning fireplaces. To improve air quality, limits installation of
fireplaces in new construction, and outlaws burning garbage, plastics, rubber, paint, and anything
that might emit noxious or toxic fumes.
(k) 15-50 Tree regulations. Provides for the preservation of trees, which offer both scenic and
climatic benefits to the City. Requires approval for the removal of protected trees (15-50.050),
and gives the City the power to require the planting of new trees as a condition for approving the
removal of a tree (15-50.080).
(l) 15-52 Small wind energy systems. Facilitates construction of small wind energy conversions
systems for home, farm, and small commercial use.
(m) 15-56 Second dwelling units. Section 15-56.030(d) allows additional site coverage and
allowable floor area in a second dwelling unit, if that unit is deed restricted to only be rented to
below market rate households.
(n) 15-80.030(f) Miscellaneous regulations and exceptions: Solar panels. Subject to approval by
the Community Development Director, solar panels not exceeding six feet in height may be
located within any portion of a rear setback area.
(o) 15-81 Housing density bonus. Provides for incentives for high-density housing that includes
housing specifically set aside for senior citizens and low income persons.
(p) 16-47 Green Building Regulations. Requires that new single-family dwelling, multi-family
dwellings, commercial, mixed-use, public and community facility buildings demonstrate
compliance with green building standards.
(p) (q) 16-72 Construction and demolition debris. Requires a recycling plan for construction and
demolition debris for projects with more than 2,500 square feet of floor space. Plans should
maximize waste diverted from landfills, and are documented, approved, and overseen by City
staff.
(q) (r) 16-75.030 Water conservation devices. Requires that all newly constructed buildings
incorporate water conservation devices into plumbing and irrigation systems.
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SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Proposed increase in dog and cat licensing fees
RECOMMENDED ACTION:
1. Open the public hearing, consider testimony received, and close the public hearing.
2. Adopt the resolution increasing dog and cat licensing fees to be the same as those charged
by the City of San José.
BACKGROUND:
On June 29, 2004, the City of Saratoga entered into an agreement with the City of San José for
the provision of animal services (Attachment “A”). The agreement extends through June 30,
2024.
Under Exhibit A. Scope of Services of the Agreement, Section Seven A. “Fees Collected by San
Jose”, the City of San José collects fees, charges and penalties in connection with the animal
services provided, at the rates established by the City of Saratoga. Recently, the City received a
letter from Jon Cicirelli, Deputy Director of San José Animal Care and Services, (Attachment
“B”) informing us that the San José City Council approved an increase in animal licensing fees for
San José residents. In his letter, Mr. Cicirelli is requesting that the City inform him whether we
would like to similarly increase dog and cat licensing fees for Saratoga residents. Fee increases
would range from $5.00 to $10.00 for dogs and from $3.00 to $5.00 for cats (depending upon the
duration of the license and whether the animal has been spayed or neutered).
Staff is recommending the Council adopt the attached resolution increasing dog and cat licensing
fees to be the same as those charged by the City of San José. It is anticipated this will enhance
ease of administration and lead to greater consistency in implementation.
FISCAL IMPACTS:
The City of San José anticipates an increase in dog and cat licensing fees for Saratoga residents
will generate an additional $3,400 annually.
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CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Staff would inform the City of San José that current dog and cat licensing fees would remain in
effect.
ALTERNATIVE ACTION(S):
The City Council could decide to increase dog and cat licensing fees by amounts other than those
adopted by the City of San José.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Resolution
Attachment B: Animal Services Agreement
Attachment C: Letter from Jon Cicirelli
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RESOLUTION NO._______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING AN INCREASE IN
ANIMAL LICENSING FEES UNDER AN AGREEMENT
WITH THE CITY OF SAN JOSÉ FOR THE PROVISION
OF ANIMAL SERVICES
WHEREAS, on June 29, 2004, the City of Saratoga entered into an Agreement with the
City of San José for the provision of Animal Services; and
WHEREAS, the term of the Agreement is from July 1, 2004 through June 30, 2024; and
WHEREAS, under Exhibit A. Scope of Services of the Agreement, Section Seven A.
“Fees Collected by San José”, the City of San José collects fees, charges and penalties in
connection with the Animal Services provided, at the rates established by the City of Saratoga;
and
WHEREAS, the City of San José increased its dog and cat licensing fees, effective July 1,
2009, and for ease of administration and consistency of implementation, the City of Saratoga
desires to adopt the same fees as those charged by the City of San José,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby approves an increase in dog and cat licensing fees, effective September 1, 2009, to be as
follows:
DOGS New Fee CATS New Fee
1 year altered $20.00 1 year altered $10.00
3 year altered $45.00 3 year altered $25.00
1 year unaltered $60.00 1 year unaltered $30.00
The above and foregoing resolution was passed and adopted at a regular meeting of the
Saratoga City Council held on the 2nd day of September 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
_____________________________
Ann Sullivan, City Clerk
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RDRLT3112004EXECUTORYCOPYFORSAlANIMALSERVICESAGREEMENTBETWEENTHECITYOFSANJOSEANDTHECITYOFSARATOG6ThisAnimalServicesIlreementAGREEMENrisenteredintothisZqdayof2004byandbetweentheCITYOFSARATOGAamunicipalcorporationhereinafterSARATOGAandtheCITYOFSANJOSEamunicipalcorporationhereinafterSANJOSESARATOGAandSANJOSEarehereinaftercollectivelyreferredtoasthePARTIESRECITALSWHEREASSARATOGAdesirestoprovidecertainanimalcontrolservicestoitsresidentsandcitizensandWHEREASSANJOSEhasthepersonnelandfacilitiesnecessarytoprovidetheanimalcontrolservicesNOWTHEREFOREinconsiderationofthemutualcovenantssetforthinthisAGREEMENTthePARTIESherebyagreeasfollowsSECTION1SCOPEOFSERVICESSANJOSEshallperfonmthoseservicesspecifiedindetailinExhibitAentitledSCOPEOFSERVICESAnimalServiceswhichisattachedheretoandincorporatedhereinT310124447531IftOlifscBnD3i
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RDRLT3112004SECTION2TERMThetermofthisAGREEMENTshallbefromJuly12004toJune302024inclusiveSANJOSEshallbeginprovidingAnimalServicespursuanttothisAGREEMENTonJuly12004CAPITALCONTRIBUTIONSECTION3WithinthirtyfivedaysoftheexecutionofthisAGREEMENTSARATOGAshal1payaonetimecapitalcontributionpaymenttoSANJOSEofThreeHundredThousandDollars300000ThecapitalcontributionistobeusedtowardtheSANJOSESnewanimalshelteranewanimalcontrolvehicleandoverheadcostsrelatedtotheexpansionoftheshelterfacilityIntheeventSARATOGAorSANJOSEterminatestheAGREEMENTasspecifiedunderSECTION12ofthisAGREEMENTSANJOSEshallrefundSARATOGAscapitalcontributionbasedonthefollowingscheduleforeffectivedateofterminationandamountJuly12004throughJune302005July12005throughJune302006July12006throughJune302007300000200000100000IftheeffectivedateoftheterminationisafterJune302007norefundshallbepaidtoSARATOGAforthecapitalcontributionSECTION4MONTHLYPAYMENTPROVISIONSAPaymentScheduleSARATOGAshallmakepaymentsinequalmonthlyinstallmentsforservicesprovidedafterexecutionofthisAGREEMENTAllinstallmentpaymentsbySARATOGAshallbedueandpayableonthefirstdayofthemonthandshallbedelinquentonthefifteenth15businessdaythereafterwithoutdemandornoticetoSARATOGASANJOSEwillT310124447532
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RDRLT3112004provideSARATOGAwithmonthlyinvoicesatleastfifteen15calendardayspriortothepaymentduedateBPaymentAmountsForAnimalServicesprovidedbySANJOSEtoSARATOGAunderthisAGREEMENTSARATOGAshallpaySANJOSEcompensationeachfiscalyearfortheperiodofJuly12004throughJune302007inaccordancewithSection4AasfollowsFieldServiceandShelterServices155000ThecostforFieldandShelterserviceswillbeaflatfeeThiscostincorporatesalladministrativecostsMedicalServicesandDeadAnimalServicesThecompensationforAnimalServicesunderthisAGREEMENTshallremainthesameforthreefiscalyearsegFiscalYears20042007andadjustaftereverythirdfiscalyearthereafteregFiscalYears2007201020102013etcThePARTIESagreethattheadjustedrateshallbebasedontheformuladetailedinExhibitBwhichisattachedheretoandincorporatedhereinIntheeventSANJOSEprovidesservicestoSARATOGApriortotheexecutionofthisAGREEMENTSARATOGAshallcompensateSANJOSEinaccordancewiththetermssetforthinSECTION4ofthisAGREEMENTSECTION5INSPECTIONOFRNANCIALBOOKSANDRECORDSDuringthetermofthisAGREEMENTSANJOSEshallkeepitsfinancialbooksandrecordsdirectlypertainingtotheprovisionofAnimalServicesundertheAGREEMENTopentoinspectionandauditbySARATOGAorSARATOGAsdesignatedrepresentativesuponrequestofSARATOGAandduringnormalbusinesshoursAnyauditofSARATOGAsfinancialbooksandrecordsconductedbySARATOGAshallbeattheexpenseofSARATOGAT310124447533
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RDRLT3112004SECTION6CONRDENTIALITYSANJOSEagreesthattotheextentconsistentwiththeCaliforniaPublicRecordsActandapplicableCalifornialawitshallmaintaininconfidenceandshallnotdisclosetoanythirdpartyreportsorotherdocumentspreparedinconnectionwiththeperformanceofAnimalServicesundertheAGREEMENTSECTION7PROJECTMANAGERThePARTIESshalleachdesignateaProjectManagerthroughwhomanynecessaryreviewoftheAnimalServicesperformedundertheAGREEMENTwilloccurSECTION8INDEMNIRCATIONInlieuofandnotwithstandingtheproratariskallocationwhichmightotherwisebeimposedbetweenSANJOSEandSARATOGApursuanttoGovernmentCodesection8956SANJOSEandSARATOGAagreethatalllossesorliabilitiesincurredbyapartyshallnotbesharedprorataasdefinedinGovernmentCodesection8956butinsteadSANJOSEandSARATOGAagreethatpursuanttoGovernmentCodesection8954eachofthePARTIESheretoshallfullyindemnifyandholdtheotherpartytheirofficersboardmembersemployeesandagentsharmlessfromanyclaimexpenseorcostdamageorliabilityimposedforinjuryasdefinedbyGovernmentCodesection8108occurringbyreasonofandonlytotheextentofthenegligentactsoromissionsorwillfulmisconductoftheindemnifyingpartyitsofficersboardmembersemployeesoragentsunderorinconnectionwithorarisingoutofanyworkauthorityorjurisdictiondelegatedtosuchpartyunderthisAGREEMENTNopartynoranyofficerboardmemberemployeeoragentthereofshallberesponsibletotheextentanydamageorliabilityoccursbyreasonofthenegligentactsoromissionsorwillfulmisconductoftheotherpartyheretoitsofficersboardmembersT310124447534
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RDRLT3112004employeesoragentsunderorinconnectionwithorarisingoutofanyworkauthorityorjurisdictiondelegatedtosuchotherpartiesunderthisAGREEMENTSECTION9INDEPENDENTCONTRACTORRELATIONSHIPThisAGREEMENTshallinnowaybeconstruedtoconstituteSANJOSEasthepartnerlegalrepresentativeoremployeeofSARATOGAorSARATOGAofSANJOSEforanypurposewhatsoeverorastheagentofSARATOGAorSANJOSEandneitherpartyshallactorattempttoactorrepresentitselfdirectlyorbyimplicationashavingsuchstatusorrelationshipThePARTIESshallhavetherelationshipofindependentcontractorsandexceptasspecificallyprovidedinthisAGREEMENTeachpartyshallbesolelyresponsibleforallobligationsandliabilitiespertainingtothebusinessactivitiesandfacilitiesofthatpartyAsanindependentcontractorthePARTIESshallobtainnorightstoretirementbenefitsorotherbenefitswhichaccruetothePARTIESrespectiveemployeesandthePARTIESherebyexpresslywaiveanyclaimeitherofthemmayhavetoanysuchrightsSECTION10ASSIGNABILITYSANJOSEandSARATOGAacknowledgeandagreethattheexpertiseandexperienceofSANJOSEarematerialconsiderationsinducingSARATOGAtoenterintothisAGREEMENTSARATOGAacknowledgesandacceptsthataportionoftheAnimalServicesshallbeprovidedbyahandlerofdeaddeerandlivestockwildlifeservicesandorindependentveterinarydoctorsNeitherPARTYshallassignortransferanyinterestinthisAGREEMENTortheperformanceofanyobligationshereunderotherthanthoseservicesprovidedbythehandlerofdeaddeerandlivestockwildlifeservicesandorindependentveterinarydoctorswithoutthepriorwrittenconsentofT310124447535
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RDRLT3112004theotherandanyattemptbyeitherofthePARTIEStoassignthisAGREEMENToranyrightsdutiesorobligationsarisinghereundershallbevoidandofnoeffectSECTION11NONDISCRIMINATIONNeitherPARTYshalldiscriminateinanywayagainstanypersononthebasisofracesexcoloragereligionsexualorientationactualorperceivedgenderidentitydisabilityethnicityornationalorigininconnectionwithorrelatedtotheperformanceofthisAGREEMENTSECTION12TERMINATIONOFAGREEMENTATerminationThisAGREEMENTmaybeterminatedearlieratanytime1UponthewrittenconsentofbothSANJOSEandSARATOGA2ByeitherSANJOSEorSARATOGAimmediatelyuponnoticetotheotheriftheotherbreachesanymaterialobligationunderthisAGREEMENTandsuchbreachremainsunremediedforatleastthirty30daysfollowingwrittennoticethereoftothebreachingpartyor3Uponatleastonehundredeighty180dayspriorwrittennoticebySARATOGAtoSANJOSEorSANJOSEtoSARATOGAofthatpartysdesiretoterminatethisAGREEMENTIfSARATOGAdoesnotappropriatethefullamountsduetoSANJOSEunderthisAGREEMENTforanyfiscalyearonorbeforeJune30oftheyeardirectlyprecedingthefiscalyearforwhichAnimalServicesareprovidedbySANJOSEthenthatactionshallasofthesameJune30constitutethestartofthe180daynoticeofterminationofthisAGREEMENTbySARATOGApursuanttothisSECTIONT310924447536
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RDRLT3112004BEffectsofTerminationUpontheeffectivedateofanyterminationofthisAGREEMENTSANJOSEsobligationtoprovideAnimalServicestoSARATOGAunderthisAGREEMENTshallceaseandSARATOGAsobligationtomakepaymentshereunderforperiodsoftimeaftertheeffectivedateofterminationshallceaseprovidedthatthePARTIESshallhaveanyandallremediesavailableunderlawforanybreachofthisAGREEMENTThePARTIESmayalsoelecttonegotiateanewagreementfortheprovisionofAnimalServicesatanytimeaftertheeffectivedateofterminationCTerminationCostsIntheeventSARATOGAelectstoterminatethisAGREEMENTSANJOSEshallbereimbursedforstrayanimalsthatwereshelteredforSARATOGAbutnotpaidforpriortoterminationforaperiodoftwelve12monthsfromthedateofterminationSARATOGAshallpaySANJOSEforShelterServicesinaccordancewithSECTION4AThesumtobepaidshallbecalculatedfromtheproratashareoftheannualcontractamountbasedonthemonthofterminationSECTION13COMPLIANCEWITHLAWSEachPARTYshallcomplywithallapplicablelawsordinancescodesandregulationsofthefederalstateandlocalgovernmentsSECTION14GIFTSASARATOGAisfamiliarwithSANJOSEsprohibitionagainsttheacceptanceofanygiftsbyaSANJOSEofficerordesignatedemployeewhichprohibitionisfoundinChapter1208oftheSanJoseMunicipalCodeBSARATOGAagreesnottoofferanySANJOSEofficerordesignatedemployeegiftsprohibitedbysaidChapterT310124447537
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RDRLT3112004CTheofferorgivingofanygiftprohibitedbyChapter1208shallconstituteamaterialbreachoftheAGREEMENTbySARATOGAInadditiontoanyotherremediesSANJOSEmayhaveinlaworequitySANJOSEmayterminatethisAGREEMENTforsuchbreachasprovidedinSection12A2ofthisAGREEMENTSECTION15RETROACTIVESERVICESPROVIDEDItisunderstoodandagreedthatSANJOSEmayhaveprovidedservicespursuanttotheprovisionsofthisAGREEMENTbutpriortotheexecutionofthisAGREEMENTbythePARTIESinanticipationofthisexecutionSARATOGAshal1compensateSANJOSEforthoseservicesinaccordancewiththetermsofthisAGREEMENTHoweverinnoinstanceshallSANJOSEbecompensatedunderthisAGREEMENTforworkperformedforSARATOGApriortoJuly12004SECTION16INSURANCESANJOSEshallatitsownexpensemaintainaprogramofselfinsuranceandorinsuranceasspecifiedinEXHIBITCINSURANCEwhichisattachedheretoandincorporatedhereinSECTION17NOTICESANDINVOICESAllnoticesandinvoicesrequiredorpermittedhereundershallbedeemedtohavebeenreceivedwhendeliveredinpersonorifmailedonthethird3rdbusinessdayafterthedateonwhichmailedpostageprepaidandaddressedtoeachpartyasfollowsT310124447538
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RDRLT3112004ToSANJOSEDirectorSanJoseAnimalCareandServices1821lankerRoadSanJoseCA95112ToSARATOGAAssistantCityManagerCityManagersOfficeCityofSaratoga13777FruitvaleAveSaratogaCA95070ThePARTIESagreetonotifyeachotherinwritingofanychangeintheaddressnolaterthanthirty30dayspriortothechangeinlocationforreceiptofnoticeSECTION18VENUEIntheeventthatsuitshallbebroughtbyeitherpartytothisAGREEMENTthePARTIESagreethatvenueshallbeexclusivelyvestedinthestatecourtsoftheStateofCaliforniaCountyofSantaClaraoriffederaljurisdictionisappropriateexclusivelyintheUnitedStatesDistrictCourtNorthernDistrictofCaliforniaSanJoseCaliforniaSECTION19GENERALPROVISIONSAEntireAareementThisAGREEMENTconstitutestheentireagreementbetweenthePARTIESheretorelatingtothesubjectmatterhereofandsupersedesallpriorandcontemporaneousoralandwrittencommitmentsunderstandingsandagreementsNochangesormodificationstothisAGREEMENTshallbevalidorbindingunlesscontainedinawrittenamendmentdulyexecutedbythePARTIESBWaiversNodelayorfailureofeitherpartytoexerciseorenforceatanytimeanyrightorprovisionofthisAGREEMENTshallbeconsideredawaiverofsuchrightorprovisionT310124447539
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RDRLT3112004orofsuchpartysrightthereaftertoexerciseorenforceeachandeveryrightandprovisionofthisAGREEMENTInordertobevalidanywaivershallbeinwritingbutneednotbesupportedbyconsiderationNosinglewaivershallconstituteacontinuingorsubsequentwaiverNeithertheacceptancebySARATOGAoftheperformanceofanyworkorservicesperformedbySANJOSEnortheacceptanceofcompensationbySANJOSEshallbedeemedtobeawaiverofanytermorconditionofthisAGREEMENTCInterDretationsInconstruingorinterpretingthisAGREEMENTthewordincludingshallnotbelimitingThePARTIESagreethatthisAGREEMENTshallbefairlyinterpretedinaccordancewithitstermswithoutanystrictconstructioninfavoroforagainsteitherpartyDInvalidProvisionsIfanyprovisionofthisAGREEMENTshallbeheldillegalinvalidorunenforceableinfullorinpartsuchprovisionshallbemodifiedtotheminimumextentnecessarytomakeitlegalvalidandenforceableandtheotherprovisionsofthisAGREEMENTshallnotbeaffectedtherebyEFurtherDocumentsThePARTIESagreeuponrequesttosignanddeliversuchotherdocumentsasmaybereasonablyrequiredtocarryouttheintentandprovisionofthisAGREEMENTFCaliforniaLawThisAGREEMENTshallbegovernedbyandconstruedandenforcedinaccordancewiththelawsoftheStateofCaliforniaGCounterDartExecutionThisAGREEMENTmaybeexecutedinoneormorecounterpartseachofwhichshallbedeemedanoriginalandallofwhichshallconstituteoneandthesamedocumentT3101244475310
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RDRLT3112004INWITNESSWHEREOFthePARTIESheretohaveexecutedthisAGREEMENTasofv22dayofu2004APPROVEDASTOFORMROSL0GTAATARIIAssociateDeputyCityAttorneyAPPROVEDASTOFORMSANJOSECITYOFSANJOSEamunicipalcorporationyAssistanttotheCityManagerII1iIIIIIIIIII1SARATOGACITYOFSARATOGAamunicipalcorporation3htBfccyRICHARDTAYLORCityAttorneyDAVEANDERSONCityManagerATTESTT31012444753322oL11
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RDRLT3112004EXHIBITASCOPEOFSERVICESSECTION1SERVICESPROVIDEDFortheconsiderationsetforthhereinSANJOSEshallprovidetoSARATOGAFieldLicensingandShelteringServicesThesecategoriesofservicearecollectivelyreferredtoasAnimalServicesCallsforanimalrelatedservicesnotprovidedbySANJOSEshallbereferredbySANJOSEtotheappropriateenforcementagencyofSARATOGAinwritingorbyelectronicmailSECTION2DEANITIONSACriticallysickorinjuredanimalsmeansthoseanimalsthathavelifethreateningconditionsBDangerousAnimalsmeansanywildexoticnondomesticorvenomousanimalorotheranimalthatbecauseofitssizedispositionorothercharacteristicswouldconstituteadangertopersonsorpropertyasdefinedinChapter7theSaratogaCityCodeCEmergencyCallsmeanscomplaintsofanimalbitesorattacksonhumansordomesticanimalsthatareinprogressahighriskanimalbitetohumanordomesticanimalorwhereabitehasoccurredandtheanimalremainsathreattohumansordomesticanimalsDHolidaysareNewYearsDayMartinLutherKingDayPresidentsDayCaesarChavezDayMemorialDayIndependenceDayLaborDayColumbusDayVeteransDayThanksgivingDayDayMerThanksgivingChristmasEveDayChristmasDayandNewYearsEveDay2444753A1
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RDRLT3112004EViciousDogmeansanydogexceptadogassistingapeaceofficerengagedinlawenforcementdutieswhichdemonstratesanyorallofthefollowingcharacteristicsofaviciousanimalassetforthinTitle7oftheSaratogaCityCode1Hasattackedwithoutprovocationapersonordomesticanimal2Haschasedmenacedorapproachedapersonoradomesticanimalinathreateningmannerorapparentattitudeofattackwithoutprovocation3Hasaknownpropensitytendencyordispositionforunprovokedattack4Hasbeenspeciallytrainedtoattackpersonsordomesticanimalsorotherwisehasbeentrainedasanattackanimalor5IsownedorkeptinwholeorinpartforthepurposeofanimalfightingorhasbeentrainedforanimalfightingFWildlifemeansanyanimalthatisnativetothisregionandrecognizedasanindigenousspeciessuchasopossumsraccoonsskunksorsquirrelsSECTION3RELDSERVICESARELDSERVICESSANJOSEshallprovidevehiclescommunicationsequipmenthardwareandsoftwarerequirementsofficesuppliesfieldandadministrativepersonnelandanyotherpersonnelsuppliesandequipmentreasonablyrequiredtoperformthefollowingservicestheFieldServicesuponarequestorcomplaintfromSARATOGAorfromapersonwithintheboundariesofSARATOGA2444753A2
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RDRLT31120041PickupofconfinedstraydogscatsandothersmallanimalsincludingbutnotlimitedtorabbitschickensturkeygeesebirdsandducksandexcludingWildlife2Pickupinjuredorsickstraydogscatsbirdsandothersmallanimalsthatarelocatedonpublicpropertyorreadilyaccessibleonprivatepropertywiththeconsentofthepropertyownerorthepropertyownersauthorizedagent3PickupofinjuredorsickWildlifeandlivestock4PickupdeadanimalsinaccordancewithSECTION5ofthisExhibitA5InvestigatecomplaintsofanimalbitesorattacksonhumansincludingthepreparationofareportinterviewingthepartiesinvolvedquarantininganimalswhichhavebittenhumanspreparingandtransportingbitinganimalsforrabiestestingandinvestigatingallegedviolationsofaquarantineorderaTheinvestigationcontemplatedunderthisSECTION3A5maybeconductedbytelephonewhentheownerandvictimarethesamepersonInallothercasesSANJOSEwillmeetandconductapersonalinterviewswiththeownerinordertocompletetheinvestigationandquarantinetheanimalasnecessary6InvestigateandrefercomplaintsofViciousDogsandorDangerousAnimalstotheappropriateenforcementagencyofSARATOGAforresolutionInvestigationsshallincludepreparationofareportinterviewingthepartiesinvolvedandcollectingavailablehistoricaldata7Respondtocomplaintsofdogsrunningatlargeattempttocapturethemandprovidefollowuppatrolifappropriate2444753A3
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RDRLT31120048Respondtopoliceassistcallsonanimalrelatedissueswhichmayincludetakingcontrolofananimalatthedirectionofapoliceofficeronthescene9InvestigatecomplaintsofactivitiescriminalinnaturesuchasanimalcrueltyneglectandfightingincludingpreparationofareportinterviewingthepartiesinvolvedandcollectingavailablehistoricaldataforreferraltotheSantaClaraCountyDistrictAttorneysOfficeSANJOSEshallprovideSARATOGAacopyoftheinvestigativepacketandineachcaseobtainSARATOGAsdecisionandauthorizationtoreferthecasetotheSantaClaraCountyDistrictAttorneysOfficeIfneededorappropriateSANJOSEpersonnelshallappearforcourtproceedingsatnoadditionalcosttoSARATOGA10InvestigateandrefercomplaintsofanimalabuseorneglectundertheSaratogaMunicipalCodetotheappropriateenforcementagencyofSARATOGAforresolutionInvestigationsshallincludepreparationofareportcollectingavailablehistoricaldataandmayincludeinterviewingthepartiesinvolved11InvestigateandrefercomplaintsofexcessivenumberofanimalstotheappropriateenforcementagencyofSARATOGAforresolution12RespondtocomplaintsinprogressofdomesticanimalscausinganuisanceexceptdomesticanimalsmakingnoiseandprovidefollowuppatrolifappropriateSANJOSEmayissuecitationsforcertainnuisancescausedbydomesticanimalsasdefinedunderSaratogaCityCode13Respondtocomplaintsofvenomousorotherdangeroussnakesandbatsthatarelocatedonpublicpropertyorreadilyaccessibleonprivate2444753A4
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RDRLT3112004propertywiththeconsentofthepropertyownerorthepropertyownersauthorizedagentThePARTIESagreethatduringthecourseofadministeringFieldServicespoliceassistancemaybenecessaryUponrequestfromSANJOSESARATOGAshallprovidethepoliceassistancenecessarytoadministersaidFieldServicesBRESPONSETIMEPERFORMANCESTANDARDSSANJOSEshallmakeallreasonableeffortstorespondtocomplaintsandrequestsreceivedbySARATOGAorfrompersonswithintheboundariesofSaratogaataperformancestandardlevelthatisnolessthanthefollowingduringnormalbusinesshours1PRIORITY1ResponsetoEmergencycallspoliceassistbitestohumanandordomesticanimalfrombatsandskunksatlargeViciousDogsatlargequarantinedanimalcriticallysickorinjuredanimalandanimalsindistressaResponseshallbeonatwentyfour24hoursperdayseven7daysperweekbasisandshallbewithinonehourorlessfromthetimethecallforserviceisreceivedbySANJOSEtothetimeSANJOSEspersonnelarriveonscene2PRlORITY2ResponsetocomplaintsofbitesanimalsonschoolgroundsanimalsthatposeatraffichazardonthestreetsofSARATOGAanimalsintrapsanimalssufferingfromcrueltyorneglectandconfinedstraysaResponseshallbeduringnormalbusinesshoursandshallbewithintwobusinesshoursfromthetimethecallforserviceisreceivedbySANJOSEtothetimeSANJOSEpersonnelarriveonthesceneMondaythroughFridayandwithinfourbusinesshoursfromthetimethe2444753A5
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RDRLT3112004callforserviceisreceivedbySANJOSEtothetimeSANJOSEpersonnelarrivesonsceneonSaturdaysSundaysandHolidays3PRIORITY3ResponsetoanycallsremainingfromPRIORITY1and2deadanimalpickupanddogsrunningatlargeaResponseshallbeduringnormalbusinesshoursandshallbewithinfourbusinesshoursfromthetimethecallforserviceisreceivedbySANJOSEtothetimeSANJOSEpersonnelarriveonsceneMondaythroughFridayandwithineightbusinesshoursfromthetimethecallforserviceisreceivedbySANJOSEtothetimeSANJOSEpersonnelarrivesonsceneonSaturdaysSundaysandHolidaysCRESPONSEAFTERNORMALBUSINESSHOURSSANJOSEshallrespondtoPRIORITY1callsduringandafternormalbusinesshourstwentyfourhoursperdaysevendaysperweekincludingHolidaysSANJOSEshallmakeallreasonableeffortstorespondtoPRIORITY2callsreceivedafternormalbusinesshoursnolaterthan1100amthefollowingbusinessdaySANJOSEshallmakeallreasonableeffortstorespondtoPRIORITY3callsreceivedafternormalbusinesshoursnolaterthan3pmthefollowingbusinessdayDEXCLUDEDSERVICESThefollowingservicesarenotincludedintheservicesprovidedbySANJOSEunderthisAGREEMENT1Removalanddisposalofdeadmarinemammals2PickupandtransportationofuninjuredorhealthylivingWildlife3PickupanimalsforsurrenderattheownersrequestexceptthatSANJOSEmayprovidetheseservicesinSANJOSEsdiscretionandchargeafeetobepaidbytheownerseparateandapartfromthisAGREEMENT2444753A6
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RDRLT31120044Permittingorinspectionofeventswithanimals5InvestigationofcomplaintsthatonlyrelatetodomesticanimalsorWildlifemakingnoiseSECTION4SHELTERSERVICESASHELTERSERVICESSANJOSEshallprovidetheshelterfacilitiessuppliesanimalattendantssupervisorsandadministrativepersonnelandanyotherpersonnelsuppliesandequipmentreasonablyrequiredtoperformthefollowingservicestheShelterServices1ShelterofabandonedimpoundedlostorstraydomesticanimalsbroughttotheshelterbySARATOGAitsresidentsorSANJOSEpersonnel2Quarantineofbitinganimals3Rabiestestingofsuspectanimals4Providefacilitiesforsurrenderandreclaimofabandonedlostorstraydomesticanimalsduringestablishedbusinesshours5EuthanizationanddisposalofabandonedlostimpoundedorstraydomesticanimalsthatareunclaimedbytheirownersandfailtomeetthewrittenSANJOSEtemperamentstandardsforadoptionand6ProvisionofanimallicensestodogsorotheranimalstowhichlicensingisapplicableattheanimalshelterBMEDICALSERVICESAspartoftheShelterServicesSANJOSEshallprovideofficefacilitiessuppliesandprofessionalandtrainedpersonnelemployedorundercontractreasonablynecessarytoperformthefollowingservicestheMedicalServices2444753A7
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RDRLT31120041Providingveterinarianservicestwentyfour24hoursperdaytotreatandprovideveterinariancaretostrayinjuredorsickdogscatsandotherimpoundedanimals2Monitorimpoundedquarantinedbitinganimals3Providevaccinationservicesand4HaveavailablefreeofchargetothepublicrabiescontrolinformationCOPERATINGSCHEDULESSANJOSEshallalsoprovideShelterServicesfortheanimalsinthefacilitytwentyfour24hoursadayseven7daysaweekSANJOSEshallprovideorundercontractprovideemergencyveterinaryservicesandshallmakeanimalsavailabletothepublicinaccordancewithstatelawSECTION5DEADANIMALSERVICESSANJOSEshallprovidestoragefacilitiesdisposalmechanismsfieldandadministrativepersonnelandanyotherpersonnelsuppliesandequipmentreasonablyrequiredtoperformthefollowingservicestheDeadAnimalServices1PickupofdeadanimalsincludingWildlifefromthestreetsofSARATOGAorfromprivatepropertywithinSARATOGAwiththeconsentofthepropertyownerorthepropertyownersauthorizedagent2Handleorreferdeaddeerandlivestocktohandlerfordeaddeerandlivestock3Identificationofandnotificationtotheownerofthedeadanimalwheneverpossible4Scaneachdeadanimalformicrochipidentificationifavailableand5Disposalofthebodyofthedeadanimal2444753A8
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RDRLT3112004SECTION6RECORDSREG6RDINGANIMALSERVICESAMAINTENANCEOFRECORDSSANJOSEshallmaintainaccuraterecordsregardingitsperformanceofAnimalServicesforaperiodofthree3yearsfromthedatesuchrecordsarecreatedSuchrecordsshallincludeShelterServicesrecordsregardingreceiptcarereclaimanddispositionofownersurrenderedabandonedimpoundedlostorstraydomesticanimalsincludingnamesandaddressesofpersonsreclaiminganimalsDeadAnimalServicesrecordsregardingreceiptanddisposalofdeadanimalsandfeescollectedforSARATOGABINSPECTIONOFRECORDSSANJOSEshallmakeavailableforinspectionbySARATOGAorSARATOGAsdesignatedrepresentativesrecordsregardingAnimalServicesunderthisAGREEMENTuponrequestofSARATOGAduringSANJOSEsnormalbusinesshoursCMONTHLYREPORTSANJOSEshallprovidewithin30daysoftheendofeachmonthamonthlyAnimalControlandImpoundReportsummarizingFieldServicesShelterServicesLicensingServicesMedicalServicesandDeadAnimalServicesprovidedbySANJOSEtoSARATOGAThisreportshallincludebutnotbelimitedtothefollowinginformation1Totalnumberofcallsforservicecomplaintsrelatingtoanimalbitesorattackscomplaintsrelatingtoviciousordangerousdogsandotheractivities2TotalnumberoflicensessoldtoSARATOGAresidents3NumberofincomingliveanimalsincludingWildlifebroughttothesheltersurrenderandfield2444753A9
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RDRLT31120044NumberofdeadanimalspickedupbySANJOSEandbroughttotheshelterand5NumberandtypeofanimalsprovidedMedicalServicesalongwithabriefdescriptionofserviceand6ResponsetimeperformancestandardreportforPriority1through3callsDYEARLYREPORTSANJOSEshallcompleteandsubmittotheCountyofSantaClaraPublicHealthDepartmenttheAnnualReportofLocalRabiesControlActivitiesfortheCityofSaratogaSANJOSEshallalsoprovideanannualreportofactivitiesandaccomplishmentsdetailedinSECTION6CofthisExhibitAtoSARATOGASECTIONSEVENPROGRAMREVENUEAFEESCOLLECTEDBYSANJOSESANJOSEshallcollectfeeschargesandpenaltiestheProgramFeesfromthepublicinconnectionwithaportionoftheAnimalServicesprovidedunderthisAGREEMENTincludingbutnotlimitedtoitemssuchasimpoundquarantineandboardingfeesTheseProgramFeesshallbeattheratesestablishedbySARATOGAIfnofeeorchargehasbeenestablishedbySARATOGAthePARTIESshallmutuallydeterminetheappropriatefeeorchargefortheparticularserviceatissueandshallbeimposedbySANJOSEafterithasbeendulyadoptedbySARATOGAandbecomeeffectiveBPAYMENTOFPROGRAMFEESTOSARATOG6AllProgramFeescollectedbySANJOSEinconnectionwiththeAnimalServicesprovidedtoSARATOGAexceptfeescollectedforemergencyveterinaryserviceswhicharepaidtocontractveterinaryprovidersbySANJOSEshallbepaidorcredited2444753A10
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RDRLT3112004monthlybySANJOSEtoSARATOGAbythefifteenth15thbusinessdayofthemonthimmediatelyfollowingthemonthinwhichtheProgramFeeswerecollectedCMONTHLYFEESTATEMENTSANJOSEshallprovidetoSARATOGAwitheachmonthlypaymentofProgramFeesastatementofProgramFeescollectedthatshowsthetotalamountofProgramFeescollectedandthetotalamountscollectedineachfeecategorysuchasimpoundquarantineandboardfeesDANIMALLICENSINGFEESSANJOSEshallremitlicensingfeespaidforthelicensingofdogsandcatsresidinginSARATOGAtoSARATOGAonamonthlybasisThelicensingfeesshallbeattheratesestablishedbySARATOGAIfnofeehasbeenestablishedbySARATOGAthePARTIESshallmutuallydeterminetheappropriatefeefortheparticularlicenseatissueandSANJOSEshallimposethefeeafterithasbeendulyadoptedbySARATOGAandbecomeeffectiveSECTIONEIGHTOTHERRESPONSIBILITIESAADMINISTRATIVEHEARINGSSANJOSEshallnotberesponsiblefornorbearthecostsofschedulingorconductinganyrequiredhearingsregardingViciousDogsoranyothermattersubjecttoanadministrativehearingIfneededorappropriateSANJOSEpersonnelshallappearasawitnessatanysuchhearingatnoadditionalcosttoSARATOGA2444753A11
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RDRLT3112004EXHIBITBFORMULAFORCOMPENSATIONSARATOGAshallcompensateSANJOSEforFieldandShelterServicesutilizingtheFiscalYear20042005baserateof15500000hereinafterBaseRateTheBaseRateshallapplyforthefirstthreeyearsofthisAgreementiethroughJune302007CompensationforFieldandShelterServicesshallbeadjustedonlyonceeverythreeyearseffectiveJuly1ofeverythirdyearie200720102013etcThePARTIESagreethateachincreaseforFieldandShelterServicesshallbebasedonthepercentageincreaseintotalcompensationprovidedtoallSANJOSEanimalcontrolofficersortheFebruarytoFebruaryConsumerPriceIndexUrbanWageEarnersandClericalWorkersforSanFranciscoOaklandSanJoseCAmaintainedbytheBureauofLaborStatisticshereinafterCPIUplus15assetforthintheCalculationFormulabelowwhicheverislessCalculationFormulaANNUALCOSTOFLIVINGINCREASEINTOTALCOMPENSATIONTotalCompensationreferstotheamountSANJOSEprovidesfortotalcompensationsalaryandbenefitsattopstepfora40hourperweekanimalcontrolofficerOnJuly1stofeachfiscalyearthepercentagechangeinTotalCompensationwillbederivedfromthenewTotalCompensationamountdividedbytheTotalCompensationeffectivefromJuly1stofthepriorfiscalyearegTotalCompensationPercentageChangeFiscalYear20052006TotalCompensationFiscalYear20052006TotalCompensationFiscalYear200420051TheannualprojectedbudgetincreaseincontractcostsshallbecomputedasfollowsFiscalYear20042005BaseYear155000Eachadjustmentyearie200720102013etcFieldandShelterServiceCompensationforPrecedingFiscalYearxSumofTotalCompensationPercentageChangeforthepreviousthreefiscalyearsorSumofFebruaryFebruaryPercentageChangeinCPIUforthepreviousthreefiscalyears45whicheverislessIntheeventthepercentagechangeinCPIUforanygivenfiscalyearisnegativethepercentagechangeinCPIUshallbedeemedzero02444753C1
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RDRLT3112004EXHIBITCINSURANCESANJOSErepresentsandwarrantsthatatSANJOSESsolecostandexpenseitwillmaintainforthedurationofthisAGREEMENTselfinsuranceagainstclaimsforinjuriestopersonsordamagestopropertywhichmayarisefromorinconnectionwiththeperformanceoftheserviceshereunderbySANJOSEitsagentsrepresentativesemployeesorsubcontractorsAMinimumScooeofInsuranceCoverageshallbeatleastasbroadas1ThecoveragedescribedinInsuranceServicesOfficeFormNumberGL0002Ed0196coveringCommercialGeneralLiabilitytogetherwithInsuranceServicesOfficeFormNumberGL0404coveringBroadFormComprehensiveGeneralLiabilityorthatdescribedinInsuranceServicesOfficeCommercialGeneralLiabilitycoverageoccurrenceFormNumberCG0001Ed0196and2ThecoveragedescribedinInsuranceServicesOfficeFormNumberCA0001Ed1293coveringAutomobileLiabilityCode1anyautoorCode2ownedautosandEndorsementCA0025CoverageshallalsoincludeCode8hiredautosandCode9nonownedautosand3WorkersCompensationinsuranceasrequiredbytheCaliforniaLaborCodeandEmployersLiabilityinsuranceand4ProfessionalLiabilityErrorsandOmissionswhenapplicableBMinimumLimitsofInsuranceSANJOSEselfinsurancemaintainedlimitsnolessthan1CommercialGeneralLiability1000000peroccurrenceforbodilyinjurypersonalinjuryandpropertydamageand2444753C2
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RDRLT31120042AutomobileLiability1000000combinedsinglelimitperaccidentforbodilyinjuryandpropertydamageand3WorkersCompensationandEmployersLiabilityWorkersCompensationlimitsasrequiredbytheCaliforniaLaborandEmployersLiabilitylimitsof1000000peraccidentand4ProfessionalLiabilityErrorsandOmissions1000000AggregateLimitCOtherInsuranceProvisionsThepoliciesaretocontainorbeendorsedtocontainthefollowingprovisions1CommercialGeneralLiabilityandAutomobileLiabilityCoveragesaSANJOSEselfinsuredcoverageshallapplytoSARATOGAitsofficersemployeesagentsandcontractorsasrespectsLiabilityarisingoutofactivitiesperformedbyoronbehalfofSANJOSEproductsandcompletedoperationsofSANJOSEpremisesownedleasedorusedbySANJOSEandautomobilesownedleasedhiredorborrowedbySANJOSESaidselfinsuranceshallapplyfullytoanyindemnityforSARATOGAitsofficersemployeesagentsandcontractorsbSANJOSEsinsurancecoverageshallbeprimaryinsuranceasrespectsSARATOGAitsofficersemployeesagentsandcontractorsAnyinsuranceorselfinsurancemaintainedbySARATOGAitsofficersemployeesagentsorcontractorsshallbeexcessofSANJOSEsselfinsuranceandshallnotcontributewithitcAnyfailuretocomplywithreportingprovisionsofthepoliciesbySANJOSEshallnotaffectcoverageprovidedSARATOGAitsofficersemployeesagentsorcontractorsdCoverageshallstatethatSANJOSEsselfinsuranceshallapplyseparatelytoeachinsuredagainstwhomclaimismadeorsuitisbroughtexceptwithrespecttothelimitsoftheinsurersliabilityDVerificationofCoveraaeSANJOSEshallfurnishSARATOGAwithAffidavitofinsuranceaffectingcoveragerequiredbythisAGREEMENTatthetimeofcontractinganduponexpirationofeachcertificate2444753C3
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RDRLT3112004ESubcontractorsSANJOSEshallobtainseparatecertificatesandendorsementsforeachsubcontractorandfurnishSARATOGAwithacopyofthecertificatesandendorsementsatthetimeofcontractingorexpirationofeachcertificate2444753C4
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ResNo72038RDRLTERD412004RESOLUTIONNO72038ARESOLUTIONOFTHECOUNCILOFTHECITYOFSANJOSEAUTHORIZINGTHECITYMANAGERTONEGOTIATEANDEXECUTEAGREEMENTSWITHTHECITIESOFCUPERTINOLOSGATOSANDSARATOGAFORANIMALSERVICESWHEREAStheAnimalCareandServicesDivisionoftheParksRecreationandNeighborhoodServicesDepartmentoftheCityofSanJoseCitywascreatedinJuly2001assumingallanimalfieldservicesincludingcodeenforcementstrayanimalremovalviciousdogpermitsandanimallicensingandWHEREASitisanticipatedthatconstructionoftheCitysnewanimalcarefacilitywillbecompletedinthesummerof2004anduponitscompletiontheCitywillassumeallremaininganimalservicescurrentlyprovidedbytheHumaneSocietySiliconValleywhichservicesincludeshelteringofanimalsimmunizationclinicsandpubliceducationprogramsandWHEREASthecitiesofCupertinoLosGatosandSaratogahaverequestedthattheCityprovidecompleteanimalservicesfortheirjurisdictionsincludinganimalfieldservicesandanimalshelteringandWHEREAStheCitydesirestonegotiateandexecuteagreementswiththecitiesofCupertinoLosGatosandSaratogatoprovidesuchanimalservicesforaperiodof20yearsanticipatedtocommenceinthesummerof2004whichagreementswillincludeannualpaymentsforoperationsaswellasaonetimecapitalcontributionNOWTHEREFOREBEITRESOLVEDBYTHECOUNCILOFTHECITYOFSANJOSETHATT119B251305doc
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RDRLTERD412004ResNo72038TheCityManagerisherebyauthorizedtonegotiateandexecutethefollowingagreementstoprovideanimalservicesforatwentyyeartermcommencingJuly120041AnagreementwiththeCityofCupertinointheamountof166000perannuminoperatingcostsandaonetimecapitalcontributionof5000002AnagreementwiththeCityofLosGatosintheamountof164000perannuminoperatingcostsandaonetimecapitalcontributionof3000003AnagreementwiththeCityofSaratogaintheamountof155000perannuminoperatingcostsandaonetimecapitalcontributionof300000ADOPTEDthis6thdayofApril2004bythefollowingvoteAYESCAMPOSCHAVEZCHIRCOCORTESEDANDOGREGORYLeZOTTEREEDWILLIAMSYEAGERGONZALESNOESNONEABSENTNONEDISQUALIFIEDNONEARONGONLESMayorATTESTDEANNAJANAActingCityClerkT1198251305doc2
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SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Finance Commission Discussion
RECOMMENDED ACTION:
Review report and direct staff accordingly
REPORT SUMMARY:
In 1981, the City formed the Finance Advisory Commission to advise the City Council on financial matters
pertaining to the governance of the City, as well as on the use of fiscal resources and the development of
technology for the City. As originally structured, the Finance Advisory Commission consisted of seven
members who served four year overlapping terms of office.
At its May 18, 2005 meeting, the City Council adopted Resolution 05-032 pertaining to the structure and
operations of City Commissions. In recognition of significant budget cuts and reductions in City staff, and
the corresponding staffing requirements incurred to facilitate City Commissions, the Council made
numerous changes regarding commissions. For the Finance Commission, the Council reduced the number
of members from seven to five; meetings were reduced to once a year/as deemed necessary; and the mission
was more narrowly defined to respond to specific requests for advice. Although the Finance Advisory
Commission was not officially suspended in the Council resolution, the commission’s last meeting was held
on November 15, 2004.
On February 2, 2007 and March 2, 2007, the City Council considered the reinstatement of suspended
commissions in conjunction with the addition of an Administrative Analyst position to assist with workload
attributable to City Commissions. During subsequent discussions between Council and staff, the proposal
to reinstate the Finance Commission was revised to establish a Council Finance Standing Committee
consisting of two Council Members. The Council’s direction was for the committee to conduct initial
review and oversight of financial matters pertaining to the governance of the City, provide Council
perspective and guidance to staff, and to review the proposed annual budget and CIP prior to their
submittal to the full Council. The Council Finance Standing Committee, as established by Council on
September 5, 2007, meets on an as-needed basis, typically once a month.
FISCAL IMPACTS:
To be determined upon direction
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
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N/A
ALTERNATIVE ACTIONS:
Some alternative actions for Council to consider include:
1. Maintain status-quo
2. Expand Finance Committee’s purpose/role to educate citizens on city finances
3. Evaluate reinstatement of a citizen staffed Finance Commission
4. Create Council Finance sub-committees for specific projects/fiscal issues
5. Establish a hybrid committee of Council Members and citizens
6. Eliminate Finance Committee
7. Identify organizational and/or procedural parameters for the committee (i.e. financial reporting,
Council communication, etc.)
8. Increase meeting frequency and rotate Council members to increase exposure to financial matters
9. Shorten/lengthen the committee members term of office
10. Establish annual budget study session/workshops in March/April each year to provide for increased
Council input during budget development process
FOLLOW UP ACTION:
To be determined upon direction
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
N/A
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