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Home My WebLink AboutPacket.pdf 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 September 11, 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. Recognition of Saratoga Little League Teams Recommended action: Present certificates. 2. Commendation Honoring Citizen Ray Davis Recommended action: Present commendation. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, September 16, 2009 1 SPECIAL PRESENTATIONS 3. Launch of New City Website Recommended action: Presentation only, no action is necessary. 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. 4. City Council Minutes – September 2, 2009 Recommended action: Approve minutes. 5. Treasurer’s Report for the Month Ended June 30, 2009 Recommended action: That the City Council accepts Treasurer’s Report for the Month Ended June 30, 2009 6. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: August 27, 2009 September 03, 2009 7. Adopt 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: Waive the second reading and adopt the proposed ordinance. 8. Saratoga Avenue Overlay and Rehabilitation Project ESPL-5332(014) – Award of Construction Contract. Recommended action: 1. Move to declare O’ Grady Paving, Inc. of Mountain View to be the lowest responsible bidder on the project. 2. Move to award a construction contract to O’ Grady Paving, Inc. in the amount of $701,767.50 3. Move to authorize staff to execute change orders to the contract up to $50,000. 9. Adoption of Ordinance Amending the Zoning Regulations related to City Code Article 15-65 (Non-Conforming Uses and Structures) and City Code Sections 15- 19.060, 15-12.090 and 15-17.080 Recommended action: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to City Code Article 15-65 (Non- 2 Conforming Uses and Structures) and City Code Sections 15-19.060, 15-12.090 and 15-17.080. 10. Motor Vehicle (MV) Resolution Restricting U-Turns on Fruitvale Avenue Recommended action: Move to adopt MV Resolution restricting U-Turns on Fruitvale Avenue at the median opening in front of West Valley College. 11. Dedication of Wildwood Way Utility Easements Recommended action: Authorize dedication of utility easements on Wildwood Way to San Jose Water Company and West Valley Sanitation District. PUBLIC HEARINGS 12. Zoning Ordinance Amendment to Create Regulations for Tobacco Retailers Recommended action: Conduct a public hearing regarding the attached ordinance establishing a use permit requirement for tobacco retailers, introduce and waive the first reading of the ordinance, and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. OLD BUSINESS 13. Records Management Program: Authorization to Proceed with Destruction of Certain City Records Recommended action: Direct staff to proceed with the destruction of records listed in Exhibit A to Resolution 09-043 that was adopted by Council on July 15, 2009. 14. Revisions to Records Retention Policy Recommended action: Adopt Resolution amending City’s Records Retention Schedule. 15. 2009 Fall Issue of The Saratogan Recommended action: Accept report and direct staff accordingly. NEW BUSINESS 16. Advertising Policy and Ad Guidelines with Contract Recommended action: Approve Advertising Policy and Advertising Guidelines with Contract. 17. Preparation of an ordinance establishing the City’s ability to issue administrative citations for violations of the Saratoga City Code. Recommended action: Direct staff to prepare an ordinance comparable to the sample attached to this staff report that would establish the City’s ability to issue administrative citations for violations of the Saratoga City Code. 3 18. Village Facade Improvement Program Amendments Recommended action: Accept report and approve the proposed Village Facade Improvement Program amendments. 19. Landscape Maintenance and Beautification of Areas not served by the City’s Landscaping & Lighting Assessment District - LLA-1 Recommended action: Accept Report and provide direction to staff. 20. Action Minutes Format Recommended action: Adopt Resolution establishing “Action Minutes” format for compiling legislative minutes for Saratoga City Council and Planning Commission meetings, and establishing the video recordings of such meetings part of the official record. 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 4 Councilmember Susie Nagpal ABAG Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) County HCD Policy Committee SASCC Sister City Liaison Village AdHoc 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 September 11, 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 11th day of September 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 9/16 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 16, 2009 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson SUBJECT: Recognition of Saratoga Little League Teams RECOMMENDED ACTION: Present certificates. REPORT SUMMARY: City recognition of three Saratoga Little League teams for their success in the 2009 playoffs. 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: Certificates will be provided at the meeting. 7 SARATOGA CITY COUNCIL MEETING DATE: September 16, 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 Citizen Ray Davis RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation honors Ray Davis, for his many years of volunteer service and dedication serving the public. 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. 8 CITY OF SARATOGA RESOLUTION OF THE CITY COUNCIL COMMENDING RAY DAVIS “Public Interest Advocate” WHEREAS; Ray Davis was born in the shadow of the Campanile in Berkeley, California; and WHEREAS, while growing up in Berkeley he was a member of Cub Pack 40 and Boy Scout Troop 28; and WHEREAS; in high school, Ray was a team captain and starting guard on Berkeley High’s championship basketball team that took the Alameda County Athletic League title in his senior year; and WHEREAS; Ray then graduated from high school and enlisted in the United States Army. He subsequently volunteered for the airborne infantry and was well trained and shipped overseas with the 11th Airborne Division in Sapporo, Japan; and WHEREAS; the campaign medals he was awarded were for World War II Victory Medal and Army of Occupation, Japan. After roughly two years of dedicated service in the army, Ray received an honorable discharge; and WHEREAS; Ray then enrolled at U.C. Berkley and graduated four years later with a degree in fish and game biology. WHEREAS; After college Ray got married, bought a home in Walnut Creek and there, while in his twenties, he embarked on a lifelong career of standing up for the public good in local government – wherever he and his family settled; and WHEREAS; in his pursuit of serving the public, Ray successfully conducted two referendums on rezoning matters and three successful lawsuits in support of the referendums and the Brown Act; and WHEREAS; Ray Davis decided to make Los Gatos his permanent home and became involved in the Highway 9 safety proceedings and as a result he has the great pleasure of working with John Cherbone in forming the “Dead Pines and Oak Society”; and their goal is to remove all dead trees before they fall on an innocent bystander – especially any and all Saratogans. NOW THEREFORE, BE IT RESOLVED, that Ray Davis is hereby commended and thanked for his hard work and years of dedication to serving the interests of the general public. BE IT FURTHER RESOLVED that we wish Ray well in all his future endeavors. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16th day of September 2009. ____________________________ Chuck Page, Mayor Saratoga, California 9 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Launch of New City Website RECOMMENDED ACTION: Presentation only, no action is necessary. BACKGROUND: On September 16, 2009, the City of Saratoga will officially launch its new website. The website has been constructed to be informative, easy to navigate, convenient for residents, and attractive. Throughout the website’s development, staff has sought input from residents to ensure the new site meets expectations and serves as a resource for Saratoga’s residents. The City started outreach efforts by forming a Website Design Team to work directly with Civica Software. The Design Team was comprised of 4 members of the public representing schools, neighborhoods, business, and the general public, and 3 City staff members. Public Representatives City Staff Representatives Lane Weiss Schools Dave Anderson City Manager Bob Luetz Neighborhoods Leo Salindong IT Analyst Sunil Gupta Business Crystal Morrow Administrative Analyst Brian Berg General Two Councilmembers, Jill Hunter and Susie Nagpal, were also invited to share their thoughts on the development of the new website. A meeting with the Website Design Team, Councilmembers Hunter and Nagpal, and Civica was held early in the development process to establish goals for the project. As a result of the meeting, the Website Design Team came away with clear priorities that helped to guide the design of the new website. Members of the Design Team also solicited and evaluated input from a larger group of residents called the Website Advisory Group. This citizen group, which had over 40 members, submitted recommendations via email on critical design decisions. Many of the City’s Commissioners 10 Page 2 of 2 volunteered to serve as Website Advisory Group members. Input from the Website Advisory Group played a key role in the Design Team’s decisions. Both the Design Team and Website Advisory Group have also acted as beta testers for the new site. Before being publicly launched, both groups were invited to review the website and provide their feedback. This final phase of the website’s development was conducted to reveal any problems or opportunities for improvement that staff may have missed. Feedback from the beta testing process has been very positive. Many beta testers have indicated that they expect the new website will make it easier to find information and conduct City-related business online. The Website Committee, a team of City staff members, has been working diligently on preparing the website for its public launch and incorporating beta tester suggestions. The Website Committee includes the following staff members: - Rob Balbuena - Kristin Borel - Debbie Bretschneider - Michael Fossati - Adam Henig - Monica LaBossiere - Crystal Morrow - Barbara Powell - Leo Salindong - Kimberly Saxton-Heinrichs - Melanie Whittaker FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Nothing additional. 11 SARATOGA CITY COUNCIL MEETING DATE: September 16, 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 – September 2, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for September 2, 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 September 2, 2009 City Council meeting. 12 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey SUBJECT: Treasurer’s Report for the Month Ended June 30, 2009 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended June 30, 2009. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of June 30, 2009, the City had $313,674 in cash deposit at Comerica bank, and $16,902,173 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of June 30, 2009 is $17,215,847 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank313,674$ Deposit with LAIF16,902,173$ Total 17,215,847$ 13 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 14 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund TypesFund Description Cash & Investment Balance at June 30, 2009 General General Fund Reserved: Petty Cash Reserve1,300$ Designated: Designated for Operations2,870,140$ Designated for Economic Uncertainty1,500,000$ Designated for Development Services707,380$ Designated for Environmental Services613,182$ Designated for Uncollected Deposits289,454$ Designated for Mid Pen Open Space Purchase 250,000$ Designated for Hillside Reserve300,000$ Designated for CIP Matching600,000$ Designated for Capital Improvement Projects 300,000$ Designated for Economic Stability25,000$ Undesignated:1,708,287$ Special Revenue Landscape and Lighting Districts373,762$ CDBG Federal Grants(14,458)$ SHARP Program123,709$ Capital Project Street Projects2,083,944$ Park and Trail Projects1,005,647$ Facility Improvement Projects1,039,241$ Administrative Projects164,983$ Tree Fine Fund69,943$ CIP Grant Fund22,632$ Gas Tax Fund355,527$ Debt Service Library Bond 926,294$ Internal Service Liability/Risk Management304,180$ Workers Compensation120,654$ Office Stores Fund42,593$ Information Technology Services185,879$ Equipment Maintenance62,524$ Facility Maintenance270,842$ Equipment Replacement 150,685$ IT Replacement 316,483$ Trust/Agency Library Fund376,271$ KSAR - Community Access TV69,769$ Total City17,215,847$ 15 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at June 30, 2009. Fund Description Fund Balance 07/01/08 Increase/ (Decrease) Jul-May Current Revenue Current Expenditure Transfers Fund Balance 6/30/09 General Undesignated Unreserved Balance2,216,238 (1,379,683) 1,638,882 1,703,207 - 772,229 Reserved Fund Balance: Petty Cash Reserve1,300 - - - - 1,300 Designated Fund Balances:- - Designated for Operations 2,808,164 - - - 61,976 2,870,140 Designated Economic Uncertainty 1,500,000 - - - - 1,500,000 Designated for Development 782,380 - - - (75,000) 707,380 Designated for Environmental 679,917 - - - (66,735) 613,182 Designated for Uncollected Deposits289,454 - - - - 289,454 Designated for Carryforward58,386 - - - (58,386) - Designated for Capital Improvements1,200,000 - - - (1,200,000) - Designated for Mid Pen Open Space - - - - 250,000 250,000 Designated for Hillside Reserve- - - - 300,000 300,000 Designated for CIP Matching Grant- - - - 600,000 600,000 Designated for CIP Transfer - - - - 300,000 300,000 Designated for Economic Stability- - - - 25,000 25,000 Special Revenue Landscape/Lighting Districts209,821 80,464 147,856 78,224 - 359,917 CDBG Federal Grants- (6,488) 14,458 7,970 - - SHARP Loan93,877 2,055 463 - - 96,394 Capital Project Street Projects1,482,982 8,193 630,959 195,905 - 1,926,230 Park and Trail Projects1,455,178 (601,902) 205,067 516,298 - 542,045 Facility Improvement Projects515,315 442,074 24,614 28,169 - 953,833 Administrative Projects100,841 75,959 - 12,890 - 163,910 Tree Fine Fund129,566 (52,344) - 14,279 - 62,943 CIP Grant Fund266,476 74,756 24,682 566,391 - (200,477) Gas Tax Fund124,192 37,733 217,499 316,929 - 62,495 Debt Service Library Bond 853,620 (418,225) 495,678 (288) 931,361 Internal Service Fund Liability/Risk Management128,689 109,866 4,343 40,027 - 202,872 Workers Compensation47,736 74,540 3,065 2,307 - 123,034 Office Stores Fund32,616 24,018 - 17,001 - 39,633 Information Technology Services 122,541 81,791 - 29,495 - 174,838 Equipment Maintenance13,412 60,732 - 17,490 - 56,654 Building Maintenance101,361 221,071 - 113,590 - 208,842 Equipment Replacement98,109 52,574 2,530 - - 153,214 Technology Replacement 316,310 16,838 - 17,858 - 315,290 Trust/Agency Library Fund693,929 (317,278) 2,064 24,320 - 354,394 KSAR - Community Access TV38,661 31,108 14,834 - - 84,603 Total City16,361,072 (1,382,149) 3,426,993 3,702,060 136,855 14,840,710 16 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at June 30, 2009 Street Projects2,083,944$ Park and Trail Projects1,005,647$ Facility Improvement Projects1,039,241$ Administrative Projects164,983$ Tree Fine Fund69,943$ CIP Grant Fund22,632$ Gas Tax Fund355,527$ Total CIP Funds4,741,918$ 17 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/08 Increase/ (Decrease) Jul-May Current Revenue Current Expenditure Transfers Fund Balance 6/30/09 Street Projects Traffic Safety11,757 86,661 - 7,946 90,472 Highway 9 Safety Project55,460 (10,331) - - 45,129 Annual Street Resurfacing Project79,151 (369,595) 628,434 104,389 233,602 Sidewalks Annual Project(3,564) 33,576 - 11,078 18,935 Saratoga Sunnyvale Road Resurfacing- 64,972 - - 64,972 Traffic Signal @ Verde Vista Lane90,000 - - - 90,000 Fourth Street Bridge100,000 - - - 100,000 Quito Road Bridge Replacement Design9,730 (715) - (715) 9,730 Quito Road Bridge Construction115,726 - - - 115,726 Village Newsrack Enclosure23,384 (77) - - 23,307 Village Façade Program19,430 (615) - - 18,815 Solar Power Radar Feedback Signs24,158 - - - 24,158 El Quito Area Curb Replacement37,553 - - - 37,553 Sobey Road Culvert Repair150,000 - - - 150,000 Annual Storm Drain Upgrade- 25,244 - 24,998 246 Village Trees & Lights at Sidestreets31,965 (4,020) - 2,609 25,336 Village Pedestrian Enhancement115,000 (96,796) - 9,075 9,128 Prospect Road Median1,556 169,176 - 19,696 151,036 City Entrance Sign/Monument23,788 - - - 23,788 Village-Streetscape Impv 540,665 (16,065) - 7,413 517,188 Saratoga-Sunnyvale/Gateway Sidewalk57,224 (55,642) 2,525 - 4,107 Comer Drive Retaining Wall- 182,420 - 9,417 173,003 Total Street Projects1,482,982 8,193 630,959 195,905 - 1,926,230 Parks & Trails Hakone Garden Koi Pond50,000 (850) - - 49,150 EL Quito Park Improvements118,209 (74,305) - - 43,905 Wildwood Park - Water Feature/Seating7,199 - - 6,923 275 Historical Park Landscape37,200 (3,310) - - 33,890 Hakone Garden Retaining Wall & D/W142,829 - - - 142,829 Hakone Garden Upper Moon House - 125,000 - - 125,000 DeAnza Trail- (1,645) - (1,645) - Kevin Moran Improvements982,259 (607,056) 102,667 408,788 69,083 West Valley Soccer Field(58,507) (12,534) 41,400 (465) (29,176) Park/Trail Repairs21,130 (13,382) - - 7,748 Heritage Orchard Path6,153 (6,153) - - - Trail Segment #3 Repair7,912 (275) 61,000 30 68,606 Teerlink Ranch Trail22,242 (7,392) - - 14,850 CIP Allocation Fund118,552 - - 102,667 15,885 Total Parks & Trails1,455,178 (601,902) 205,067 516,298 - 542,045 Facility Improvements Civic Center Landscape13,384 - - - 13,384 Warner Hutton House Improvements5,868 - - 5,055 813 Facility Projects39,735 128,453 19,614 17,901 169,900 Fire Alarm at McWilliams & Museum11,371 - - - 11,371 North Campus Improvements443,195 (399,234) - 1 43,960 North Campus - Bldg Removal- 73,250 - - 73,250 City Hall - Cool Roofs- - - - - Multi-Purpose Room Fund- 250,000 - - 250,000 Corp Yard Solar Project- 93,250 - - 93,250 Library HVAC Upgrade- 281,355 - 5,212 276,143 Library - EXT Improvement- 5,000 5,000 - 10,000 McWilliams House Improvement- 10,000 - - 10,000 Historical Park Fire Alarm System1,762 - - - 1,762 Total Facility Improvements515,315 442,074 24,614 28,169 - 953,833 Administrative Projects Financial System Upgrade8,516 (4,982) - - 3,534 Document Imaging Project92,325 (5,170) - 375 86,780 CDD Document Imaging Project- 39,792 - 3,157 36,635 Website Development Project- 40,317 - 9,358 30,959 KSAR Equip Upgrades- 6,002 - - 6,002 Total Administrative Projects100,841 75,959 - 12,890 - 163,910 Tree Fine Fund Tree Fine Fund129,566 (52,344) - 14,279 62,943 CIP Fund CIP Grant Fund266,476 74,756 24,682 566,391 (200,477) Gax Fund Gas Tax Fund124,192 37,733 217,499 316,929 62,495 Total CIP Funds4,074,549 (15,531) 1,102,821 1,650,861 - 3,510,979 18 ATTACHMENT E 19 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. 08/27/09 113131 113171 40 64,182.40 08/27/09 08/24/09 113130 09/03/09 113172 113212 40 949,198.63 09/03/09 08/27/09 113171 AP Date Check No. Issued to Dept.Amount 09/03/09 113206 Public Works 190,000.00 09/03/09 113212 Public Safety 689,147.34 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 09/03/09 113202 (689,147.34) August 27, 2009 September 03, 2009 Accounts Payable SC County Office of Sheriff Void - Reissued Ck 113212 Issued to Description Checks Released Monthly Law Services - July and August Accounts Payable The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure: State of CA Treasury CIP - Streets Deposit - Easement Rights Fund Purpose SC County Office of Sheriff General Prior Check Register SARATOGA CITY COUNCIL MEETING DATE:September 2, 2009 AGENDA ITEM: DEPARTMENT:Finance & Administrative Services CITY MANAGER: PREPARED BY:DEPT. DIRECTOR: Type of Checks Date Starting Check No. Ending Check No.Total Checks Amount 20 The following is a list of cash reduction by fund: Fund #AP 08/27 AP 09/03 Total 111 General 33,192.13 728,280.85 761,472.98 253 Saratoga Legends Landscape 460.91 460.91 271 Beauchamps Landscape 170.85 170.85 272 Bellgrove Landscape 87.98 87.98 276 Tollgate LLD 134.42 134.42 277 Village Commercial Landscape 412.00 412.00 411 CIP Street Projects 6,550.35 6,550.35 412 CIP Parks Projects 2,179.08 24,960.00 27,139.08 413 CIP Facility Projects 3,142.04 275.99 3,418.03 414 CIP Admin Projects - 421 Tree Fine Fund 2,494.00 2,494.00 431 Grant Fund - CIP Streets 193,794.00 193,794.00 622 Information Technology 7,728.04 264.81 7,992.85 623 Vehicle & Equipment Maint 2,792.19 2,792.19 624 Building Maintenance 5,557.61 817.73 6,375.34 632 86.05 86.05 64,182.40 949,198.63 1,013,381.03 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 21 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 9 / 0 9 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 5 3 : 4 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 8 2 7 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 1 3 1 0 8 / 2 7 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 1 , 3 1 8 . 3 3 11 1 1 1 1 1 3 1 3 1 0 8 / 2 7 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 1 7 2 . 4 7 11 1 1 1 1 1 3 1 3 1 0 8 / 2 7 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 8 9 . 5 9 TO T A L C H E C K 0 . 0 0 1 , 5 8 0 . 3 9 11 1 1 1 1 1 3 1 3 2 0 8 / 2 7 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 9 4 . 9 4 11 1 1 1 1 1 3 1 3 2 0 8 / 2 7 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 4 4 . 0 1 11 1 1 1 1 1 3 1 3 2 0 8 / 2 7 / 0 9 5 2 1 A L L I E D L O C K & S A F E I N C 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 1 6 0 . 9 1 TO T A L C H E C K 0 . 0 0 2 9 9 . 8 6 11 1 1 1 1 1 3 1 3 3 0 8 / 2 7 / 0 9 1 4 1 A M E R I C A N I N D U S T R I A L S U P P 4 1 1 9 1 1 1 - 0 0 1 G R A F F I T T I R E M O V E R 0 . 0 0 4 5 7 . 3 7 11 1 1 1 1 1 3 1 3 4 0 8 / 2 7 / 0 9 1 3 0 C D W G , I N C 6 3 2 3 2 0 2 R E P L A C E M E N T B A T T E R Y 0 . 0 0 8 6 . 0 5 11 1 1 1 1 1 3 1 3 5 0 8 / 2 7 / 0 9 2 2 9 C O A S T O I L C O M P A N Y L L C 6 2 3 5 2 0 2 U N L E A D E D / D I E S E L 0 . 0 0 1 , 7 6 8 . 0 6 11 1 1 1 1 1 3 1 3 6 0 8 / 2 7 / 0 9 7 4 1 C P R S 1 1 1 5 3 0 1 D U E S - G A R D N E R 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 3 1 3 7 0 8 / 2 7 / 0 9 2 7 3 C R W S Y S T E M S , I N C 1 1 1 4 1 0 1 A N N U A L S U P P O R T 0 9 / 1 0 0 . 0 0 1 1 , 0 0 0 . 0 0 11 1 1 1 1 1 3 1 3 8 0 8 / 2 7 / 0 9 4 1 9 E V E N T S E R V I C E S 1 1 1 5 3 0 1 M T H L Y R N T L 0 7 / 0 9 0 . 0 0 1 5 2 . 9 5 11 1 1 1 1 1 3 1 3 9 0 8 / 2 7 / 0 9 4 2 1 E W I N G I R R I G A T I O N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 6 2 . 7 6 11 1 1 1 1 1 3 1 4 0 0 8 / 2 7 / 0 9 4 2 6 F L I N T T R A D I N G , I N C 4 1 1 9 1 1 1 - 0 0 2 R E S T R I P I N G S U P P L I E S 0 . 0 0 3 , 0 8 9 . 8 5 11 1 1 1 1 1 3 1 4 1 0 8 / 2 7 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 4 2 1 9 2 1 1 - 0 0 2 L N D S C P - S A R A / S U N 0 . 0 0 2 , 4 9 4 . 0 0 11 1 1 1 1 1 3 1 4 1 0 8 / 2 7 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 A N N U A L C O L O R - B L A N E Y 0 . 0 0 5 0 7 . 0 0 11 1 1 1 1 1 3 1 4 1 0 8 / 2 7 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 L N D S C P - S A R A M E D I A N 0 . 0 0 1 , 4 1 6 . 0 0 11 1 1 1 1 1 3 1 4 1 0 8 / 2 7 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 L N D S C P - C S P R N G S 0 . 0 0 3 , 3 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 7 , 7 9 2 . 0 0 11 1 1 1 1 1 3 1 4 2 0 8 / 2 7 / 0 9 5 0 0 G R A Y , D U L C E A N D G E O R G E 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 5 4 7 . 1 5 11 1 1 1 1 1 3 1 4 3 0 8 / 2 7 / 0 9 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 3 9 6 . 3 6 11 1 1 1 1 1 3 1 4 4 0 8 / 2 7 / 0 9 4 8 9 H O R I Z O N D I S T R I B U T O R S , I N 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 4 8 . 2 2 11 1 1 1 1 1 3 1 4 5 0 8 / 2 7 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 2 5 3 5 3 0 2 R E P A I R S - L Y N D E A V E 0 . 0 0 4 6 0 . 9 1 11 1 1 1 1 1 3 1 4 5 0 8 / 2 7 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - G A R D N E R 0 . 0 0 1 0 2 . 0 0 11 1 1 1 1 1 3 1 4 5 0 8 / 2 7 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - L I B R A R Y 0 . 0 0 9 2 . 1 8 11 1 1 1 1 1 3 1 4 5 0 8 / 2 7 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - E L Q U I T O 0 . 0 0 8 6 . 6 5 TO T A L C H E C K 0 . 0 0 7 4 1 . 7 4 11 1 1 1 1 1 3 1 4 6 0 8 / 2 7 / 0 9 2 5 I C L E I U S A M E M B E R S H I P 1 1 1 1 1 0 1 A N N U A L D U E S 0 9 / 1 0 0 . 0 0 6 0 0 . 0 0 11 1 1 1 1 1 3 1 4 7 0 8 / 2 7 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 T R A I L E R H I T C H K I T 0 . 0 0 8 9 . 8 6 11 1 1 1 1 1 3 1 4 7 0 8 / 2 7 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 1 M A R K I N G P A I N T 0 . 0 0 5 5 . 7 2 11 1 1 1 1 1 3 1 4 7 0 8 / 2 7 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 C O N C R E T E W H E E L S T O P 0 . 0 0 3 1 9 . 5 6 11 1 1 1 1 1 3 1 4 7 0 8 / 2 7 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S T R E E T P A I N T 0 . 0 0 1 , 0 5 6 . 7 2 TO T A L C H E C K 0 . 0 0 1 , 5 2 1 . 8 6 22 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 9 / 0 9 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 5 3 : 4 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 8 2 7 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 1 4 8 0 8 / 2 7 / 0 9 6 7 4 J B T R O P H I E S 4 1 2 9 2 3 7 - 0 0 1 K M P P L A Q U E S 0 . 0 0 1 , 6 4 9 . 6 4 11 1 1 1 1 1 3 1 4 8 0 8 / 2 7 / 0 9 6 7 4 J B T R O P H I E S 4 1 2 9 2 3 7 - 0 0 1 K M P P L A Q U E S 0 . 0 0 5 2 9 . 4 4 TO T A L C H E C K 0 . 0 0 2 , 1 7 9 . 0 8 11 1 1 1 1 1 3 1 4 9 0 8 / 2 7 / 0 9 5 0 0 L A N G , J O L I E N 1 1 1 6 1 0 1 C A N C E L L E D C A M P 0 . 0 0 2 1 4 . 0 0 11 1 1 1 1 1 3 1 5 0 0 8 / 2 7 / 0 9 2 6 3 M A I N T E N A N C E S U P E R I N T E N D E 1 1 1 5 3 0 1 2 0 0 9 / 1 0 A N N U A L D U E S 0 . 0 0 6 0 . 0 0 11 1 1 1 1 1 3 1 5 1 0 8 / 2 7 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 D E V R E V I E W 0 7 / 0 9 0 . 0 0 2 , 2 0 0 . 0 0 11 1 1 1 1 1 3 1 5 2 0 8 / 2 7 / 0 9 6 7 8 M U N I C I P A L C O D E C O R P O R A T I 1 1 1 2 2 0 1 O R D I N A N C E S E R V I C E 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 3 1 5 3 0 8 / 2 7 / 0 9 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 4 2 0 1 B U S I N E S S C A R D S 0 . 0 0 1 2 3 . 7 8 11 1 1 1 1 1 3 1 5 3 0 8 / 2 7 / 0 9 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 4 1 0 1 B U S I N E S S C A R D S 0 . 0 0 1 2 3 . 7 8 TO T A L C H E C K 0 . 0 0 2 4 7 . 5 6 11 1 1 1 1 1 3 1 5 4 0 8 / 2 7 / 0 9 1 3 5 N O R T H B A Y B L D G M A I N T E N A N 6 2 4 6 2 0 2 W K L Y S V C 0 7 / 2 6 - 0 7 / 3 1 0 . 0 0 2 2 8 . 0 0 11 1 1 1 1 1 3 1 5 5 0 8 / 2 7 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 5 4 . 5 8 11 1 1 1 1 1 3 1 5 6 0 8 / 2 7 / 0 9 1 8 0 P A C I F I C P R O D U C T S & S E R V I 4 1 1 9 1 1 1 - 0 0 2 S I G N P O S T / A N C H O R S 0 . 0 0 1 , 3 2 8 . 4 8 11 1 1 1 1 1 3 1 5 7 0 8 / 2 7 / 0 9 7 1 2 P A N T E C H N I C O N , I N C 4 1 3 9 3 2 2 - 0 0 1 C O U N T E R W E I G H T S 0 . 0 0 1 , 5 8 4 . 1 3 11 1 1 1 1 1 3 1 5 7 0 8 / 2 7 / 0 9 7 1 2 P A N T E C H N I C O N , I N C 4 1 3 9 3 2 2 - 0 0 1 6 0 0 ’ T H E A T E R R O P E 0 . 0 0 1 , 5 5 7 . 9 1 TO T A L C H E C K 0 . 0 0 3 , 1 4 2 . 0 4 11 1 1 1 1 1 3 1 5 8 0 8 / 2 7 / 0 9 2 1 4 P E T T Y C A S H - F I N A N C E 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 1 . 8 4 11 1 1 1 1 1 3 1 5 8 0 8 / 2 7 / 0 9 2 1 4 P E T T Y C A S H - F I N A N C E 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 4 . 3 5 TO T A L C H E C K 0 . 0 0 2 6 . 1 9 11 1 1 1 1 1 3 1 5 9 0 8 / 2 7 / 0 9 5 0 0 R H E E , J A M E S 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 1 , 6 9 0 . 0 0 11 1 1 1 1 1 3 1 6 0 0 8 / 2 7 / 0 9 5 0 0 R O D G E R S , J A M E S 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 3 , 1 7 0 . 0 1 11 1 1 1 1 1 3 1 6 1 0 8 / 2 7 / 0 9 5 0 0 R O S S I , R O N 1 1 1 P R O J E C T D E P R E F U N D 0 . 0 0 1 , 7 3 4 . 4 1 11 1 1 1 1 1 3 1 6 2 0 8 / 2 7 / 0 9 8 2 S A N J O S E B L U E P R I N T 1 1 1 5 3 0 1 P L A N S - C O R P Y A R D 0 . 0 0 3 3 . 2 1 11 1 1 1 1 1 3 1 6 2 0 8 / 2 7 / 0 9 8 2 S A N J O S E B L U E P R I N T 4 1 1 9 1 5 3 - 0 0 1 P R I N T S - C O M E R 0 . 0 0 1 5 2 . 7 9 11 1 1 1 1 1 3 1 6 2 0 8 / 2 7 / 0 9 8 2 S A N J O S E B L U E P R I N T 1 1 1 4 2 0 1 P R I N T S - S H O R T H I L L 0 . 0 0 1 0 0 . 5 9 TO T A L C H E C K 0 . 0 0 2 8 6 . 5 9 11 1 1 1 1 1 3 1 6 3 0 8 / 2 7 / 0 9 1 3 6 S C O T T Y ’ S A U T O M O T I V E 6 2 3 5 2 0 2 M A I N T E N A N C E - V E H 1 2 2 0 . 0 0 6 3 . 8 9 11 1 1 1 1 1 3 1 6 4 0 8 / 2 7 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 5 3 5 . 6 6 11 1 1 1 1 1 3 1 6 5 0 8 / 2 7 / 0 9 2 3 6 S O L E C T R I C E L E C T R I C C O N T R 1 1 1 5 3 0 1 R E P A I R S - B E A U C H A M P S 0 . 0 0 3 7 1 . 7 3 11 1 1 1 1 1 3 1 6 6 0 8 / 2 7 / 0 9 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 A S P M T H L Y S V C 0 9 / 0 9 0 . 0 0 5 , 3 9 0 . 0 0 11 1 1 1 1 1 3 1 6 6 0 8 / 2 7 / 0 9 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 H T E S U P P O R T 0 9 / 0 9 0 . 0 0 3 5 0 . 0 0 11 1 1 1 1 1 3 1 6 6 0 8 / 2 7 / 0 9 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 H T E S U P P O R T 0 8 / 0 9 0 . 0 0 3 5 0 . 0 0 11 1 1 1 1 1 3 1 6 6 0 8 / 2 7 / 0 9 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 H T E S U P P O R T 0 7 / 0 9 0 . 0 0 3 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 6 , 4 4 0 . 0 0 23 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 9 / 0 9 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 5 3 : 4 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 8 2 7 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 1 6 7 0 8 / 2 7 / 0 9 2 7 7 T A K ’ S E Q U I P M E N T 6 2 3 5 2 0 2 M A I N T E N A N C E - M O W E R 0 . 0 0 5 6 2 . 6 7 11 1 1 1 1 1 3 1 6 7 0 8 / 2 7 / 0 9 2 7 7 T A K ’ S E Q U I P M E N T 6 2 3 5 2 0 2 M A I N T E N A N C E - M O W E R 0 . 0 0 3 9 7 . 5 7 TO T A L C H E C K 0 . 0 0 9 6 0 . 2 4 11 1 1 1 1 1 3 1 6 8 0 8 / 2 7 / 0 9 3 4 3 T M T E N T E R P R I S E S I N C 1 1 1 5 3 0 1 S A N D Y L O A M - C S P R I N G 0 . 0 0 2 , 2 0 2 . 4 8 11 1 1 1 1 1 3 1 6 9 0 8 / 2 7 / 0 9 5 0 0 W A R M E N H O V E N , L I S A 1 1 1 A R B O R I S T D E P R E F U N D 0 . 0 0 1 , 6 6 0 . 0 0 11 1 1 1 1 1 3 1 7 0 0 8 / 2 7 / 0 9 6 1 3 W E S T V A L L E Y S A N I T A T I O N D 6 2 4 6 2 0 2 S E W E R S V C 2 0 0 9 / 1 0 0 . 0 0 3 , 7 9 4 . 8 0 11 1 1 1 1 1 3 1 7 1 0 8 / 2 7 / 0 9 6 9 6 Z A G T E C H N I C A L S E R V I C E S , 6 2 2 3 2 0 1 K V M S W I T C H E S / L C D R A C K 0 . 0 0 1 , 2 8 8 . 0 4 TO T A L C A S H A C C O U N T 0 . 0 0 6 4 , 1 8 2 . 4 0 TO T A L F U N D 0 . 0 0 6 4 , 1 8 2 . 4 0 TO T A L R E P O R T 0 . 0 0 6 4 , 1 8 2 . 4 0 24 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 9 / 0 9 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 5 5 : 2 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 9 0 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 1 7 2 0 9 / 0 3 / 0 9 2 3 4 A T & T 6 2 4 6 2 0 2 S U P E R T R U N K 0 . 0 0 5 5 5 . 1 3 11 1 1 1 1 1 3 1 7 2 0 9 / 0 3 / 0 9 2 3 4 A T & T 1 1 1 5 3 0 1 E L Q U I T O I R R I G A T I O N 0 . 0 0 1 5 . 7 1 TO T A L C H E C K 0 . 0 0 5 7 0 . 8 4 11 1 1 1 1 1 3 1 7 3 0 9 / 0 3 / 0 9 7 6 5 A M E R I C A N S O C I E T Y O F C I V I 1 1 1 5 1 0 1 M E M B E R S H I P - I V E T A H 0 . 0 0 1 5 3 . 7 5 11 1 1 1 1 1 3 1 7 4 0 9 / 0 3 / 0 9 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 W A T E R S V C 0 7 / 0 9 0 . 0 0 1 2 9 . 9 0 11 1 1 1 1 1 3 1 7 5 0 9 / 0 3 / 0 9 5 0 0 B R O U I L L E T T E , L O I S 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 3 1 7 6 0 9 / 0 3 / 0 9 5 0 0 C H A N , W I L S O N 1 1 1 7 1 0 1 R E F U N D - S 1 0 9 8 1 0 0 . 0 0 5 6 . 0 0 11 1 1 1 1 1 3 1 7 7 0 9 / 0 3 / 0 9 5 0 0 C H I E N , L A R R Y & J E N N Y 1 1 1 P R O J D E P O S I T R E F U N D 0 . 0 0 1 , 3 3 9 . 8 9 11 1 1 1 1 1 3 1 7 8 0 9 / 0 3 / 0 9 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 M T H L Y S V C 0 7 / 0 9 0 . 0 0 1 4 , 1 7 6 . 0 4 11 1 1 1 1 1 3 1 7 9 0 9 / 0 3 / 0 9 2 3 5 C O M C A S T 6 2 2 3 2 0 1 M T H L Y S V C 0 9 / 0 9 0 . 0 0 1 0 4 . 9 5 11 1 1 1 1 1 3 1 8 0 0 9 / 0 3 / 0 9 4 9 4 C O M C A S T 6 2 2 3 2 0 1 M T H L Y S V C 0 9 / 0 9 0 . 0 0 9 8 . 9 5 11 1 1 1 1 1 3 1 8 1 0 9 / 0 3 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 P R O F S V C - D R - 0 4 - 0 1 6 0 . 0 0 1 , 9 8 2 . 5 0 11 1 1 1 1 1 3 1 8 1 0 9 / 0 3 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 P R O F S V C - G E O 0 9 - 0 0 1 2 0 . 0 0 2 , 1 6 0 . 9 0 11 1 1 1 1 1 3 1 8 1 0 9 / 0 3 / 0 9 2 5 0 C O T T O N S H I R E S A N D A S S O C I 1 1 1 P R O F S V C - G E O 0 9 - 0 0 1 3 0 . 0 0 2 , 0 6 4 . 2 5 TO T A L C H E C K 0 . 0 0 6 , 2 0 7 . 6 5 11 1 1 1 1 1 3 1 8 2 0 9 / 0 3 / 0 9 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 0 7 . 6 4 11 1 1 1 1 1 3 1 8 2 0 9 / 0 3 / 0 9 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 2 4 3 . 3 6 11 1 1 1 1 1 3 1 8 2 0 9 / 0 3 / 0 9 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 4 5 3 . 9 6 11 1 1 1 1 1 3 1 8 2 0 9 / 0 3 / 0 9 2 1 1 D E E P C L I F F G O L F C O U R S E 1 1 1 6 1 0 1 I N S T R U C T O R - G O L F 0 . 0 0 1 1 2 . 3 2 TO T A L C H E C K 0 . 0 0 9 1 7 . 2 8 11 1 1 1 1 1 3 1 8 3 0 9 / 0 3 / 0 9 1 D E P A R T M E N T O F R E V E N U E 1 1 1 7 1 0 1 C I T A T I O N S - A U G 0 9 0 . 0 0 1 7 1 . 0 0 11 1 1 1 1 1 3 1 8 4 0 9 / 0 3 / 0 9 5 7 3 S T A T E O F C A L I F O R N I A 1 1 1 5 2 0 1 S I G N A L / L I G H T I N G 0 7 / 0 9 0 . 0 0 1 , 2 1 2 . 6 4 11 1 1 1 1 1 3 1 8 5 0 9 / 0 3 / 0 9 3 5 5 D U R A N & V E N A B L E S , I N C . 4 3 1 9 1 4 2 - 0 0 5 S A R A T O G A R A M P S 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 3 1 8 6 0 9 / 0 3 / 0 9 5 0 0 F E R N A N D E Z , M A R Y 1 1 1 7 1 0 1 R E F U N D - S 1 1 5 5 1 7 0 . 0 0 1 2 . 0 0 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - D A G M A R D R 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - P I E R C E R D 0 . 0 0 1 0 2 . 8 1 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 6 5 3 0 2 R E P A I R S - T O L L G A T E 0 . 0 0 1 3 4 . 4 2 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 2 5 3 0 2 R E P A I R S - B E L L G R O V E 0 . 0 0 8 7 . 9 8 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R S - P R O S P E C T R D 0 . 0 0 1 7 1 . 7 0 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 1 5 3 0 2 R E P A I R S - B E A U C H A M P S 0 . 0 0 1 7 0 . 8 5 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 1 1 1 5 3 0 1 R E P A I R - S A R A M E D I A N 0 . 0 0 8 5 . 0 0 11 1 1 1 1 1 3 1 8 7 0 9 / 0 3 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 7 7 5 3 0 2 B R U S H C L E A R I N G 0 . 0 0 4 1 2 . 0 0 TO T A L C H E C K 0 . 0 0 1 , 2 4 9 . 7 6 11 1 1 1 1 1 3 1 8 8 0 9 / 0 3 / 0 9 4 5 6 G A R R O D F A R M S S T A B L E S 1 1 1 6 1 0 1 I N S T R U C T O R - H O R S E S 0 . 0 0 3 , 4 5 6 . 0 0 11 1 1 1 1 1 3 1 8 9 0 9 / 0 3 / 0 9 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M T H L Y S V C 0 9 / 0 9 0 . 0 0 1 , 6 0 0 . 0 0 25 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 9 / 0 9 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 5 5 : 2 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 9 0 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 1 9 0 0 9 / 0 3 / 0 9 7 5 0 K I N G G R A D I N G 4 1 2 9 2 7 6 - 0 0 2 P A R K E R R A N C H P R O J 0 . 0 0 2 4 , 9 6 0 . 0 0 11 1 1 1 1 1 3 1 9 1 0 9 / 0 3 / 0 9 1 7 1 L A B O S S I E R E , M O N I C A 1 1 1 2 3 0 1 E M P L O Y E E A P P R E C I A T I O N 0 . 0 0 8 4 . 4 1 11 1 1 1 1 1 3 1 9 1 0 9 / 0 3 / 0 9 1 7 1 L A B O S S I E R E , M O N I C A 1 1 1 2 3 0 1 E M P L O Y E E A P P R E C I A T I O N 0 . 0 0 2 2 . 9 5 11 1 1 1 1 1 3 1 9 1 0 9 / 0 3 / 0 9 1 7 1 L A B O S S I E R E , M O N I C A 1 1 1 2 3 0 1 E M P L O Y E E A P P R E C I A T I O N 0 . 0 0 4 0 . 7 3 TO T A L C H E C K 0 . 0 0 1 4 8 . 0 9 11 1 1 1 1 1 3 1 9 2 0 9 / 0 3 / 0 9 1 7 8 L E A G U E O F C A C I T I E S 1 1 1 1 1 0 1 A N N U A L C O N F - H U N T E R 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 3 1 9 3 0 9 / 0 3 / 0 9 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 5 6 . 0 0 11 1 1 1 1 1 3 1 9 3 0 9 / 0 3 / 0 9 6 7 3 L O E V E R I C H , A L E X I S 1 1 1 6 1 0 1 I N S T R U C T O R - P I L A T E S 0 . 0 0 1 6 3 . 5 0 TO T A L C H E C K 0 . 0 0 2 1 9 . 5 0 11 1 1 1 1 1 3 1 9 4 0 9 / 0 3 / 0 9 5 0 0 M A L H O T R A , A R J U N & K I R A N 1 1 1 F L A T F E E R E F U N D 0 . 0 0 1 , 9 5 0 . 0 0 11 1 1 1 1 1 3 1 9 5 0 9 / 0 3 / 0 9 3 4 0 M E Y E R , G R E G 1 1 1 6 1 0 1 I N S T R U C T O R - W H A L E S 0 . 0 0 3 9 . 0 0 11 1 1 1 1 1 3 1 9 6 0 9 / 0 3 / 0 9 3 3 S K Y T E R R A 1 1 1 7 1 0 2 S V C 8 / 1 4 - 0 9 / 1 3 0 . 0 0 7 3 . 3 8 11 1 1 1 1 1 3 1 9 7 0 9 / 0 3 / 0 9 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 1 1 0 1 B U S C A R D S - P A G E / H U N T E R 0 . 0 0 9 1 . 3 5 11 1 1 1 1 1 3 1 9 7 0 9 / 0 3 / 0 9 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 2 3 0 1 B U S C A R D S - V A S Q U E Z 0 . 0 0 1 0 . 1 5 TO T A L C H E C K 0 . 0 0 1 0 1 . 5 0 11 1 1 1 1 1 3 1 9 8 0 9 / 0 3 / 0 9 5 7 7 N U T R I T I V E F O O D S , L L C 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 9 0 . 3 0 11 1 1 1 1 1 3 1 9 9 0 9 / 0 3 / 0 9 2 9 6 P L A N E T G R A N I T E 1 1 1 6 1 0 1 I N S T R U C T O R - C L I M B I N G 0 . 0 0 2 3 8 . 4 0 11 1 1 1 1 1 3 2 0 0 0 9 / 0 3 / 0 9 5 0 0 S A A T L O U , J E N N I F E R 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 3 0 0 . 0 0 11 1 1 1 1 1 3 2 0 1 0 9 / 0 3 / 0 9 8 2 S A N J O S E B L U E P R I N T 4 1 3 9 3 4 2 - 0 0 2 P R I N T S - L A V A T O R Y 0 . 0 0 2 7 5 . 9 9 11 1 1 1 1 1 3 2 0 2 0 9 / 0 3 / 0 9 1 S A N T A C L A R A C O U N T Y 1 1 1 7 1 0 1 M T H L Y S V C 0 7 / 0 9 0 . 0 0 3 4 4 , 5 7 3 . 6 7 11 1 1 1 1 1 3 2 0 2 0 9 / 0 3 / 0 9 1 S A N T A C L A R A C O U N T Y 1 1 1 7 1 0 1 M T H L Y S V C 0 8 / 0 9 0 . 0 0 3 4 4 , 5 7 3 . 6 7 11 1 1 1 1 1 3 2 0 2 V 0 9 / 0 3 / 0 9 1 S A N T A C L A R A C O U N T Y 1 1 1 7 1 0 1 M T H L Y S V C 0 7 / 0 9 0 . 0 0 - 3 4 4 , 5 7 3 . 6 7 11 1 1 1 1 1 3 2 0 2 V 0 9 / 0 3 / 0 9 1 S A N T A C L A R A C O U N T Y 1 1 1 7 1 0 1 M T H L Y S V C 0 8 / 0 9 0 . 0 0 - 3 4 4 , 5 7 3 . 6 7 TO T A L C H E C K 0 . 0 0 0 . 0 0 11 1 1 1 1 1 3 2 0 3 0 9 / 0 3 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 1 1 1 5 3 0 1 S U P P L I E S - P A R K S 0 . 0 0 7 4 . 2 7 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 A D - P L A N C O M 0 8 / 2 6 0 . 0 0 1 1 0 . 5 0 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 A D - P L A N C O M 0 8 / 1 2 0 . 0 0 1 9 1 . 7 5 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 A D - P L A N C O M 0 7 / 2 2 0 . 0 0 1 4 9 . 5 0 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 1 L G L A D - Z O A 0 9 - 0 0 0 3 0 . 0 0 2 9 9 . 0 0 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 4 3 1 9 1 1 2 - 0 0 2 L G L A D - B I D I N V I T E 0 . 0 0 1 , 7 9 4 . 0 0 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 2 2 0 1 A D - O R D I N A N C E 2 7 0 0 . 0 0 1 0 4 . 0 0 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 4 1 0 2 L G L - A P P Z 0 A 0 9 - 0 0 0 0 . 0 0 2 9 9 . 0 0 11 1 1 1 1 1 3 2 0 4 0 9 / 0 3 / 0 9 1 6 2 S I L I C O N V A L L E Y C O M M N E W S 1 1 1 2 2 0 1 A D - H C D A C 0 . 0 0 5 9 8 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 5 4 5 . 7 5 11 1 1 1 1 1 3 2 0 5 0 9 / 0 3 / 0 9 2 2 2 S K Y H A W K S S P O R T S A C A D E M Y 1 1 1 6 1 0 1 I N S T R U C T O R - V B A L L 0 . 0 0 8 2 5 . 6 0 26 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 9 / 0 9 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 4 : 5 5 : 2 4 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 9 0 3 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 3 / 1 0 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 3 2 0 6 0 9 / 0 3 / 0 9 2 4 3 S T A T E O F C A D E P T O F T R E A 4 3 1 9 2 7 4 - 0 0 1 D E P O S I T - E A S E M E N T 0 . 0 0 1 9 0 , 0 0 0 . 0 0 11 1 1 1 1 1 3 2 0 7 0 9 / 0 3 / 0 9 6 8 8 T H E C O N S U L T I N G T E A M , L L C 1 1 1 2 1 0 1 P R O F S V C M E E T I N G 0 . 0 0 1 , 2 0 0 . 0 0 11 1 1 1 1 1 3 2 0 8 0 9 / 0 3 / 0 9 6 6 0 V A L D I V I A , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - K I C K B O X 0 . 0 0 8 2 . 8 0 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 1 0 1 C T Y M G R D E P T 0 . 0 0 1 2 2 . 8 6 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 2 2 0 1 C T Y C L R K D E P T 0 . 0 0 1 0 1 . 0 1 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 3 1 0 1 A D M I N D E P T 0 . 0 0 5 7 . 3 3 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 6 2 2 3 2 0 1 I T D E P T 0 . 0 0 6 0 . 9 1 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 2 0 1 C D - B U I L D I N G / I N S P E C T 0 . 0 0 1 5 4 . 5 2 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 1 C D - D E V E L O P M E N T 0 . 0 0 1 0 4 . 3 4 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 4 1 0 3 C D - C O D E C O M P L I A N C E 0 . 0 0 1 1 4 . 9 5 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 2 0 1 P W - S T R E E T S D E P T 0 . 0 0 2 1 7 . 0 3 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 3 0 1 P W - P A R K S D E P T 0 . 0 0 3 0 7 . 6 2 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 1 P W - E N G I N E E R I N G 0 . 0 0 1 1 8 . 4 3 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 1 1 1 5 1 0 2 P W - D E V E L O P M E N T 0 . 0 0 3 0 . 5 7 11 1 1 1 1 1 3 2 0 9 0 9 / 0 3 / 0 9 3 9 5 V E R I Z O N W I R E L E S S 6 2 4 6 2 0 2 R E C R E A T I O N D E P T 0 . 0 0 1 3 2 . 7 0 TO T A L C H E C K 0 . 0 0 1 , 5 2 2 . 2 7 11 1 1 1 1 1 3 2 1 0 0 9 / 0 3 / 0 9 4 3 2 W E S T V A L L E Y C O L L E C T I O N S 1 1 1 5 3 0 1 B I N S - C S P R I N G S 0 8 / 0 9 0 . 0 0 2 7 1 . 7 9 11 1 1 1 1 1 3 2 1 1 0 9 / 0 3 / 0 9 4 4 1 W H I T L I N G E R , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - S P O R T S 0 . 0 0 1 2 6 . 0 0 11 1 1 1 1 1 3 2 1 2 0 9 / 0 3 / 0 9 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 M T H L Y S V C 7 / 0 9 0 . 0 0 3 4 4 , 5 7 3 . 6 7 11 1 1 1 1 1 3 2 1 2 0 9 / 0 3 / 0 9 1 O F F O F S H E R I F F - F I S C A L S V 1 1 1 7 1 0 1 M T H L Y S V C 8 / 0 9 0 . 0 0 3 4 4 , 5 7 3 . 6 7 TO T A L C H E C K 0 . 0 0 6 8 9 , 1 4 7 . 3 4 TO T A L C A S H A C C O U N T 0 . 0 0 9 4 9 , 1 9 8 . 6 3 TO T A L F U N D 0 . 0 0 9 4 9 , 1 9 8 . 6 3 TO T A L R E P O R T 0 . 0 0 9 4 9 , 1 9 8 . 6 3 27 1 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati, Asst. Planner DIRECTOR: John F. Livingstone, AICP ______________________________________________________________________________ SUBJECT: Adopt 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: Waive the second reading and adopt the proposed ordinance. BACKGROUND: On September 2nd, 2009, the City Council open and conducted a public hearing, introduced the ordinance, and voted to place the ordinance (as amended by City Council at the September 2nd 2009 public hearing) for a second reading and adoption on consent. 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. • 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. • Codify that “Outdoor Cooking Devices” can encroach into the rear setback area no closer than six feet from the rear property line and not to exceed eight feet in height. 28 2 ALTERNATIVE ACTION: 1. Deny the proposed ordinance amendment; 2. Modify the proposed ordinance amendment. FOLLOW UP ACTION: 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. ATTACHMENTS: 1. Ordinance and proposed changes 29 1 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 September 16, 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. 30 2 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 31 3 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 32 4 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 33 5 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 34 6 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. 35 7 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. 36 8 (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. 37 9 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 38 10 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. 39 11 (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. 40 12 (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. 41 13 (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. 42 14 (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. 43 15 (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. 44 16 (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. 45 17 (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 46 18 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 47 19 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. 48 20 (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 49 21 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. 50 22 (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. 51 23 (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. 52 24 (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. 53 25 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. 54 26 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 55 27 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 eight feet in height. 56 28 (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. 57 29 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. 58 30 (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; 59 31 (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. 60 32 (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. 61 33 (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. 62 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone Associate Engineer SUBJECT: Saratoga Ave Overlay and Rehabilitation Project ESPL-5332(014) – Award of Construction Contract. RECOMMENDED ACTION: 1. Move to declare O’ Grady Paving, Inc. of Mountain View to be the lowest responsible bidder on the project. 2. Move to award a construction contract to O’ Grady Paving, Inc. in the amount of $701,767.50 3. Move to authorize staff to execute change orders to the contract up to $50,000. REPORT SUMMARY: On February 10, the United States Senate passed an $838 billion economic recovery bill, The American Recovery and Reinvestment Act (ARRA) of 2009. Subsequently, Public Works staff applied for and received approval for Tier 1 ARRA funds for repaving work on Saratoga Avenue in the amount of $714,000. The limits of the Tier 1 project on Saratoga Ave are Scotland Dr to Ranfre Ln and Cox Ave to the north City Limits. The scope of work includes furnishing all materials, equipment, and labor to perform asphalt overlay work and re-stripe segments of Saratoga Ave. Sealed bids for the Saratoga Ave Overlay and Rehabilitation Project were opened on Wednesday, September 9th. A total of eight contractors submitted bids and a summary of the bids received is attached (Attachment 1). O’ Grady Paving, Inc. of Mountain View submitted the lowest responsible bid of $701,767.50 which is 11.4% below the Engineer’s Estimate of $792,119.50. Bid amounts were competitive and quite favorable because of the economy. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated August 19th, 2009. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $50,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. FISCAL IMPACTS: 63 Page 2 of 2 The American Recovery and Reinvestment Act of 2009 does not require a local match and the grant will cover the cost of construction, material testing and advertising. The recommended change order amount of $50,000 can be funded from the City’s Street Maintenance Fund. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: O’ Grady Paving, Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, and must award the project due to the ARRA regional deadline of September 30th 2009. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible, and be completed by within 20 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: 1. Bid Summary 64 65 1 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John F. Livingstone, AICP SUBJECT: Adoption of Ordinance Amending the Zoning Regulations related to City Code Article 15-65 (Non-Conforming Uses and Structures) and City Code Sections 15- 19.060, 15-12.090 and 15-17.080. (CONSENT ITEM) RECOMMENDED ACTION: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to City Code Article 15-65 (Non-Conforming Uses and Structures) and City Code Sections 15-19.060, 15-12.090 and 15-17.080. REPORT SUMMARY: On September 2, 2009, the City Council conducted a public hearing and introduced and approved the ordinance and directed staff to place the matter on the consent calendar at the next Council meeting. The proposed ordinance is attached. 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). 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. 66 2 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: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Proposed Ordinance amending the Zoning Regulations related to City Code Article 15-65 (Non-Conforming Uses and Structures) and City Code Sections 15-19.060, 15-12.090 and 15-17.080. 67 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 double-underlined font (e.g., double-underlined) and text to be deleted is indicated in strikeout font (e.g., 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 environment. Here because the 68 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 69 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. (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 70 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. 71 (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 actvity 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 72 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 73 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. 74 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. 75 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. 76 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: 77 (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. 78 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 double-underlined font (e.g., double-underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font remains unchanged. 79 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Kristin Borel DIRECTOR: John Cherbone Public Works Analyst SUBJECT: Motor Vehicle (MV) Resolution Restricting U-Turns on Fruitvale Avenue RECOMMENDED ACTION: Move to adopt MV Resolution restricting U-Turns on Fruitvale Avenue at the median opening in front of West Valley College. REPORT SUMMARY: The City was contacted by West Valley College about congestion at the new improved driveway entrance to the college at Academic Way. This median opening becomes very congested when Redwood School is receiving and releasing students. Vehicles leaving the school use this break in the median to make a U-turn while at the same time college students are trying to enter the driveway from Fruitvale Avenue. Because of the volume of traffic volume in this short window of time, students trying to turn left into West Valley College at Academic Way from Fruitvale are backing up onto Fruitvale Avenue. The College will also be closing the entrance at Career Way thus increasing the volume of traffic using the Academic Way entrance. The City is recommending that U-turns movements be restricted during school drop off and pick up times. FISCAL IMPACTS: Approximately $250 in labor and materials is required for the City to post the sign. These improvements are paid through the CIP which has a fund devoted to Traffic Safety. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The MV Resolution would not be adopted and traffic conditions would continue as is. 80 Page 2 of 2 ALTERNATIVE ACTION (S): None in addition to the above. FOLLOW UP ACTION(S): The sign will be installed and the Sheriff’s Department will be notified of the new restriction. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: 1. Memo from Fehr & Peers 2. Map 3. MV Resolution 81 !!!"#$%&"’( MEMORANDUM Date: September 8, 2009 To: John Cherbone, City of Saratoga, Public Works Director From: Franziska Church/Sohrab Rashid Subject: West Valley College Fruitvale Avenue Middle Driveway U-Turn Evaluation Follow-Up 1025-446-1 This memorandum is a follow-up to the West Valley College Fruitvale Avenue Middle Driveway U- Turn Evaluation memorandum that Fehr & Peers submitted on May 11, 2009. Based on the analysis presented in the May 2009 memorandum, Fehr & Peers did not recommend modification of traffic control or movements at any of the West Valley College driveway intersections on Fruitvale Avenue. In response to this memorandum, W est Valley College staff pointed out that the analysis and recommendations did not take into consideration that the northernmost (Career Way) entrance is planned to be closed. As outlined below, we do not anticipate that closure of the Career Way entrance and the existing U-turns from Redwood Middle School traffic will cause substantial delays and queues at the Academic W ay intersection; however, restricting southbound U-turns at the Academic W ay intersection will not substantially alter existing travel patterns. OVERVIEW West Valley College is located at the southeast corner of the Fruitvale Avenue/Allendale Avenue intersection in the City of Saratoga. The campus includes three driveways on Fruitvale Avenue and two on Allendale Avenue. The Career Way driveway on Fruitvale Avenue provides left-in/right-in/right- out access and the other two driveways provide full access to and from the college. Previously the Academic Way driveway only allowed right-in/right-out access, but with the recent renovations at the college the median on Fruitvale Avenue was opened at the driveway to provide full access to the college and a southbound left-turn lane was installed at this location. As part of the college’s renovation project, the Career W ay driveway is planned to be closed to all access. Thus vehicles that previously accessed the college via the Career W ay driveway will now access the college via the Academic W ay entrance. Redwood Middle School is located opposite the college on Fruitvale Avenue. Parents who are dropping-off and picking-up their children in the Fruitvale Avenue passenger loading area are forced to make a right-turn and travel southbound on Fruitvale Avenue when exiting Redwood Middle School. For parents wanting to travel northbound on Fruitvale Avenue the next available intersection for U-turns in the Academic W ay driveway. As discussed in the May 2009 memorandum, the college is concerned that the amount of U-turns from Redwood Middle School parents will interfere with the college’s access and the operations of Academic Way/Fruitvale Avenue intersection. Prior to the recent renovations that opened the median on Fruitvale Avenue and provided full access at Academic Way parents were required to make a U-turn at the Athletic W ay entrance, located approximately 650 feet south of the Academic Way intersection. SITE-ACCESS EVALUATION As part of the May 2009 memorandum Fehr & Peers conducted field observations at the college’s Academic driveway to evaluate the effect of vehicles making U-turns (from Redwood Middle School) on vehicles entering and exiting the college. The observations did show that the southbound left-turn 82 John Cherbone September 8, 2009 Page 2 of 2 lane on Fruitvale Avenue at the Academic W ay driveway is heavily used by parents from Redwood Middle School to make U-turns during the school’s morning drop-off and afternoon pick-up peak periods. However, the observations found that the U-turns did not substantially interfere with college traffic and did not degrade intersection operations at the Academic Way driveway. Fehr and Peers did not recommend any modifications to the intersection. The memorandum did note that the observations showed that most college students and/or staff used the Career Way driveway to access the campus from Fruitvale Avenue. Thus, vehicles that are currently using the Career W ay driveway to access the college are expected to use the Academic W ay driveway once the Career Way driveway is closed. In April 2005 Hexagon Transportation Consultants prepared the Traffic and Circulation Section of the West Valley Community College Long Range Development Plan/Facilities Master Plan EIR (Geier & Geier Consulting, Inc.). As part of the traffic and circulation section, the report evaluated the intersection operations of the driveways on Fruitvale Avenue. The evaluation included the closure of the Career W ay driveway and the shift of traffic volumes to the Academic W ay driveway, as well as overall growth in college traffic due to increased enrollment. The study determined that the southbound left-turn at the Fruitvale Avenue/Academic W ay intersection would operate at acceptable service levels during the morning and evening peak hours. Although the southbound left-turn is projected to operate at acceptable levels and no mitigation was required, the study recommended that signalization of the intersection should be considered. Fehr & Peers assumes that that U-turns from Redwood Middle School are included in the counts conducted at the college driveways and that the projected operating conditions at the Academic W ay driveway reflect traffic that includes vehicles generated by the college, the middle school, and general through volumes. Until recently, parents were required to make a U-turn at the Athletic Way driveway, and restricting U- turns at the Academic W ay intersection would not substantially modify travel patterns for drivers from Redwood Middle School. Instead, the proposed restriction would revert driving conditions back to operations that occurred about six months ago. If the City wants to restrict southbound U-turns at the Academic W ay intersection, then the movement could be restricted under one of the following options: a) All day (24-hours); b) From 7:00 AM to 5:00 PM (this is the same time restriction as currently exists at the Career Way entrance), or c) During the Redwood Middle School’s peak drop-off/pick-up times from 7:00 AM to 9:00 AM and 12:00 pm to 3:00 pm CONCLUSIONS Option A is the most restrictive and would prohibit U-turns for all drivers at the Fruitvale Avenue/Academic W ay intersection. Options B and C provide some flexibility and restrict U-turns either during the daytime when most vehicles are on the road (Option B) or during Redwood Middle School’s peak drop-off/pick up times. If the City wants to restrict U-turns at the Fruitvale/Academic Way intersection then we recommend Option C, since this directly addresses the concern of U-turns from Redwood Middle School raised by W est Valley College. However none of the options are expected to substantially modify travel patterns in the area. 83 CCaarreeeerr WWaayy AAccaaddeemmiicc WWaayy AAtthhlleettiicc WWaayy New U-turnrestriction U-turnpermitted This entrancewill be closing AAlllleennddaallee AAvveennuuee FFrruuiittvvaallee AAvveennuuee U-Turn Restriction on Fruitvale Avenue ± 84 RESOLUTION NO. MV- ______ RESOLUTION RESTRICTING U TURNS ON FRUITVALE AVENUE The City Council of the City of Saratoga hereby resolves as follows: I. Based upon an engineering and traffic study, the following restrictions shall be designated on Fruitvale Avenue in the location specified below: NAME OF STREET LOCATION RESTRICTION Fruitvale Avenue Sign to be placed in the median for southbound traffic on Fruitvale Avenue at Academic Way No U Turns 7:00 AM – 9:00 AM and 12:00 PM - 3:00 PM II. All prior resolutions and other enactments imposing U-turn restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This resolution shall become effective at such time as the signs and/or markings are installed. The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga at a regular meeting held on the 16th day of September, 2009, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Chuck Page, Mayor ATTEST: ____________________________ Ann Sullivan, City Clerk 85 Page 1 of 1 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, DIRECTOR: John Cherbone City Attorney SUBJECT: Dedication of Wildwood Way Utility Easements RECOMMENDED ACTION: Authorize dedication of utility easements on Wildwood Way to San Jose Water Company and West Valley Sanitation District. REPORT SUMMARY: The land on which Wildwood Way is located is owned by the City of Saratoga. (Note that the street itself is a private road created by the original subdivider in 1938). The San Jose Water Company and West Valley Sanitation District each have utility facilities underlying Wildwood Way. Research has revealed that neither utility has a recorded easement for those facilities. The attached easements would clearly document the utilities’ rights to operate in the roadway. A map showing the location of Wildwood Way is also attached. FISCAL IMPACTS: None significant. FOLLOW UP ACTION: Record the easement agreement following acceptance by the utilities. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: San Jose Water Company Right of Way Easement Agreement West Valley Sanitation District Right of Way Easement Agreement Map showing location of Wildwood Way. 86 1 RECORDING REQUESTED BY: San Jose Water Company AFTER RECORDATION RETURN TO: San Jose Water Company 1265 South Bascom Avenue San Jose, CA 95128 Attn.: Jesse Hawkins DOCUMENTARY TRANSFER TAX: None APN: 503-26-044 THIS SPACE FOR RECORDER'S USE RIGHT OF WAY EASEMENT AGREEMENT This right of way easement agreement by and between the CITY OF SARATOGA (Grantor) and SAN JOSE WATER COMPANY, a California corporation (Grantee) with reference to a portion of Assessor’s Parcel Number 503-26-044 (the “Agreement”) as described in more detail in Exhibits A and B attached and made a part hereof (the “Property”) as follows: 1. Grantor is owner of assessor’s parcel number 503-26-044 in the County of Santa Clara, State of California. The Property is a portion of this parcel and is a private road known as “Wildwood Way” shown on the Record of Survey Map entitled “Map Showing the Location of a Private Road in Lot 5 of the Subdivision No. 1 of the Mary Springer Tract,” filed on October 8, 1964. The Property is currently used for various utility purposes including, but not limited to, water, sanitary service, gas, and electric. 2. Grantor, for and in consideration of the sum of one (1) dollar, in lawful money of the United States of America, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby present and grant to Grantee and to its successors and assigns forever with respect to the Property: The right and privilege of excavating for and laying of pipelines as and when and as often as the same may be desirable in the opinion of Grantee, together with all fittings, connections and appliances which Grantee may desire to install in connection therewith, for the transmission and distribution of water and also the right of maintaining, using and replacing and/or enlarging the same for such purposes and also the right and privilege of relaying, repairing, removing and/or renewing the same, using pipe, fittings, connections and/or appliances either of the same size or sizes as may first be installed or of any other size or sizes and also a right-of-way along the same, upon, in, through, along and across the Property. 3. The foregoing rights and privileges hereinabove granted are made upon the following terms and conditions: 87 2 a. Grantor shall neither construct nor permit to be constructed any building or any other permanent structure on the Property, including but not limited to houses, garages, outbuilding, swimming pools, ponds, tennis courts, retaining walls, decks, patios or other concrete structures. b. Grantor shall neither plant nor permit to be planted trees within said right of way. c. Grantor shall neither change nor permit to be changed the grade over said right of way. d. Grantee shall exercise its rights hereunder in a manner consistent with the use of the Property for such other utility uses as may be located thereon now and in the future. e. Grantee, at its sole cost, shall restore any damage to the surface of the Property caused by Grantee’s construction or other work in the easement pursuant to this Agreement, in order to leave Grantor’s Property in the condition that existed prior to such construction or other work. f. Grantee shall indemnify and defend Grantor against any loss, claim, or liability arising out of or connected with the negligence of Grantee, its employees, agents or contractors, relating to the construction, inspection, maintenance and use of the Property pursuant to this Agreement. g. Grantor shall indemnify and defend Grantee against any loss, claim, or liability arising out of or connected with the negligence of Grantor, its employees, agents or contractors, relating to Grantee’s use of the Property pursuant to this Agreement. 4. Grantee acknowledges and agrees that the Property is to be accepted by Grantee in an “as is” condition with all faults and defects (latent and apparent), including (without limitation) environmental conditions. Grantor does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the physical and environmental condition of the Property or any of such related matters. Grantee acknowledges that it is entering into this Agreement on the basis of Grantee’s own investigation of the condition of the Property, including, without limitation, subsurface and environmental conditions. Grantee assumes the risk that adverse conditions may not have been revealed by its investigation. Except when Grantor and Grantee may from time to time agree in writing that Grantor is obligated to make repairs or improvements to the Property for the purpose of enabling Grantee to exercise its rights and privileges under this Agreement, Grantor shall have no obligation to make any repairs or improvements to the Property. Grantee acknowledges and agrees that the disclaimers, releases, and other agreements set forth in this paragraph are an integral part of this Agreement and that Grantor would not have agreed to grant an easement on the Property to Grantee without the disclaimers, releases, and other agreements set forth in this paragraph. 88 3 5. The respective rights, covenants and conditions contained herein shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. In Witness Whereof, Grantor and Grantee have executed this Agreement the day and year last below written. GRANTOR: Dated: ________________________________ CITY OF SARATOGA, a municipal corporation, By:___________________________________ Mayor ATTEST: By: __________________________________ City Clerk APPROVED AS TO FORM _____________________________________ City Attorney GRANTEE: Dated: ________________________________ San Jose Water Company, a California corporation _____________________________________ By: __________________________________ Its: __________________________________ 89 1 RECORDING REQUESTED BY: WEST VALLEY SANITATION DISTRICT AFTER RECORDATION RETURN TO: WEST VALLEY SANITATION DISTRICT 100 E. SUNNYOAKS AVENUE CAMPBELL, CA 95008 DOCUMENTARY TRANSFER TAX: NONE/NO MONETARY CONSIDERATION APN: 503-26-044 THIS SPACE FOR RECORDER'S USE RIGHT OF WAY EASEMENT AGREEMENT This right of way easement agreement by and between the CITY OF SARATOGA (Grantor) and WEST VALLEY SANITATION DISTRICT (Grantee) with reference to a portion of Assessor’s Parcel Number 503-26-044 as described in more detail in Exhibits A and B attached and made a part hereof (the “Property”) as follows: 1. Grantor is owner of assessor’s parcel number 503-26-044 in the County of Santa Clara, State of California. The Property is a portion of this parcel and is a private road known as “Wildwood Way” shown on the Record of Survey Map entitled “Map Showing the Location of a Private Road in Lot 5 of the Subdivision No. 1 of the Mary Springer Tract,” filed on October 8, 1964. The Property is currently used for various utility purposes including, but not limited to, water, sanitary service, gas, and electric. 2. Grantor, for and in consideration of the sum of one (1) dollar, in lawful money of the United States of America, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, does by these presents, grant to Grantee and to its successors and assigns forever with respect to the Property: The right and privilege of excavating for and laying pipelines as and when and as often as the same may be desirable in the opinion of Grantee, together with all fittings, connections and appliances which Grantee may desire to install in connection therewith, such sewer line or lines as Grantee shall from time to time elect for conveying sewage, and all necessary building sewers and appurtenances thereto and also the right of maintaining, using and replacing and/or enlarging the same for such purposes and also the right and privilege of relaying, repairing, removing and/or renewing the same, using pipe, fittings, connections and/or appliances either of the same size or sizes as may first be installed or of any other size or sizes and also a right-of-way along the same, upon, in, through, along and across the Property. 3. The foregoing rights and privileges hereinabove granted are made upon the following terms and conditions: 90 2 a. Grantor shall neither construct nor permit to be constructed any building or any other permanent structure on the Property, including but not limited to houses, garages, outbuilding, swimming pools, ponds, tennis courts, retaining walls, decks, patios or other concrete structures. b. Grantor shall neither plant nor permit to be planted trees within said right of way. c. Grantor shall neither change nor permit to be changed the grade over said right of way. d. Grantee shall exercise its rights hereunder in a manner consistent with the use of the Property for such other utility uses as may be located thereon now and in the future. e. Grantee, at its sole cost, shall restore any damage to the surface of the Property caused by Grantee’s construction or other work in the Easement pursuant to this Agreement, in order to leave Grantor’s Property in the condition that existed prior to such construction or other work. f. Grantee shall indemnify and defend Grantor against any loss, claim, or liability arising out of or connected with the negligence of Grantee, its employees, agents or contractors, relating to the construction, inspection, maintenance and use of the Property pursuant to this Agreement. 4. Grantee acknowledges and agrees that the Property is to be accepted by Grantee in an “as is” condition with all faults and defects (latent and apparent), including (without limitation) environmental conditions. Grantor does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the physical and environmental condition of the Property or any of such related matters. Grantee acknowledges that it is entering into this Agreement on the basis of Grantee’s own investigation of the condition of the Property, including, without limitation, subsurface and environmental conditions. Grantee assumes the risk that adverse conditions may not have been revealed by its investigation. Grantor has no obligation to make any repairs or improvements to the Property. Grantee acknowledges and agrees that the disclaimers, releases, and other agreements set forth in this Article are an integral part of this Agreement and that Grantor would not have agreed to grant an easement on the Property to Grantee without the disclaimers, releases, and other agreements set forth in this Article. 5. The respective rights, covenants and conditions contained herein shall inure to the benefit of and be binding upon the respective heirs, successors and assigns of the parties hereto. --Continued Next Page – 91 3 In Witness Whereof, Grantor and Grantee have executed this agreement the day and year last below written. GRANTOR: Dated: ________________________________ CITY OF SARATOGA, a municipal corporation, By:___________________________________ Mayor ATTEST: By: __________________________________ City Clerk APPROVED AS TO FORM _____________________________________ City Attorney GRANTEE: Dated: ________________________________ West Valley Sanitation District, a California County Sanitation District _____________________________________ By: __________________________________ Its: __________________________________ P:\SARATOGA\City Documents\Wildwood Way\WVSD Sanitary ROW (Draft 09-01-09).doc 92 B R O O K W O O D AVE. C A N Y O N PAUL ELVA S P RIN G E R 4TH W IL D W O O D AVE. WAYAVE. ST.E S T E R L E E SPRINGER 3RD DR.4THSPRINGER CT. AVE. CT. WY.ST.BASIN SPRINGER CREEK 5TH ST.ROCKY B I G 6 T H Wildwood Way Location Map -0 250 500 750 1,000125Feet 93 1 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Livingstone, AICP SUBJECT: Zoning Ordinance Amendment to Create Regulations for Tobacco Retailers RECOMMENDED ACTION: Conduct a public hearing regarding the attached ordinance establishing a use permit requirement for tobacco retailers, introduce and waive the first reading of the ordinance, and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. REPORT SUMMARY: At its July 15, 2009 meeting the City Council considered a draft ordinance establishing a use permit requirement for tobacco retailers and directed staff to make certain changes to the draft and seek the Planning Commission’s recommendations on the ordinance. The Planning Commission conducted a duly noticed public hearing on August 26, 2009 and unanimously recommended approval of the ordinance with the revisions discussed below. A copy of the Planning Commission Staff Report and the draft minutes of the Commission meeting are also attached. DISSCUSSION: The Planning Commission recommended approval of the ordinance as developed by the City Council with several refinements. Changes proposed by the Commission and minor technical changes by staff are shown in green in the attached draft ordinance. The Commissions recommended revisions were as follows. First, the Commission recommended that tobacco retailer use permits be part of the standard administrative review process if the use would otherwise qualify for that process. Second, the Commission recommended that retailers generally be precluded within 1,000 feet of parks. Third, the Commission recommended an exception process that that would allow retailers not satisfying the specific location requirements in the ordnance (e.g., proximity to other retailers, schools, and parks) be allowed to apply to the Planning Commission for a determination that notwithstanding its proximity, the use is to be designed and operated in such a manner that it is compatible with the surrounding neighborhood and sensitive to the proximity of schools, parks, medical facilities, and other tobacco retailers. 94 2 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). FISCAL IMPACTS: Staff time would be required to administer the ordinance. Some of these costs will be recovered through application fees. ALTERNATIVES: The Public Health Institute has model ordinances regulating secondhand smoke in recreational areas, imposing licensing requirements, and tobacco sampling programs. The City Council could consider these ordinances in addition to or instead of the use permit requirement. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would not require use permits or regulate the density of tobacco retailers. FOLLOW UP ACTION: Place the ordinance on the consent calendar for adoption at the October 7, 2009 meeting of the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of the public hearing was published in the Saratoga News on September 1, 2009. ATTACHMENTS: A. Proposed Ordinance 95 1 ORDINANCE NO. __________ AN ORDINANCE AMENDING THE SARATOGA MUNICIPAL CODE TO PROVIDE REGULATIONS FOR ESTABLISHMENTS SELLING TOBACCO PRODUCTS AND TOBACCO PARAPHERNALIA THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. The City of Saratoga recognizes the negative health consequences of smoking and wishes to regulate the sale of tobacco products and tobacco paraphernalia out of concern for the health of Saratoga’s citizens. B. Zoning controls and a requirement that tobacco retailers obtain a use permit will not unduly burden legitimate business activities of tobacco retailers who sell cigarettes or distribute tobacco products or tobacco paraphernalia to adults. It will, however, allow the City of Saratoga to regulate the operation of lawful businesses to avoid circumstances which facilitate violations of state, federal, and local laws. C. The City of Saratoga has a substantial interest in ensuring that any person selling or exchanging tobacco products should be at least of a legal age to purchase such products. D. The City of Saratoga has a substantial interest in promoting compliance with state laws prohibiting the sales of tobacco products to minors; in promoting compliance with federal, state and local laws intended to discourage the purchase of tobacco products by minors; and finally, and most important, in protecting children from being lured into illegal activity through the misconduct of adults. E. The California courts in such cases as Cohen v. Board of Supervisors (1985) 40 Cal. 3d 277, and Bravo Vending v. City of Rancho Mirage (1993) 16 Cal. App. 4th 383, have affirmed the power of local governments to regulate business activity in order to discourage violations of state law. F. The California Constitution, Article XI, section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens. G. Zoning regulations are necessary to control the location and operation of the sale or exchange of tobacco products and/or tobacco paraphernalia for the protection of public health, safety and welfare. H. It is the intent of the City Council to discourage violations of laws forbidding distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by state or federal law are criminally proscribed. 96 2 SECTION 2. Adoption. A. Section 15-19.020 of the Saratoga City Code is hereby amended by adding the text shown in bold double-underlined (example) and deleting the text shown in strikeout (example) in Attachment A. B. Section 15-80.130 is added to the Saratoga City Code as shown 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- 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. -- Continued Next Page -- 97 3 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 16th day of September, 2009, and was adopted by the following vote following a second reading on the 7th day of October, 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 98 Attachment A to Ordinance No. __ Amendment to Section 15-19.020 15-19.020 General regulations. The following general regulations shall apply to all commercial districts in the City: [subsection (a) unchanged] (b) Conditional uses. The following conditional uses may be allowed in any commercial district, upon the granting of a use permit in accordance with this Code: pursuant to Article 15- 55 of this Chapter: [subsections (1)-(14) unchanged] (15) Tobacco Retailers. All Tobacco Retailers (as defined in Section 15-80.130 of this Article) shall be subject to the permitting requirements and provisions set forth in Section 15-80.130 of this Article. Amendment adding Section 15-80.130 15-80.130 Tobacco Retailers (a) Definitions. For the purposes of this Section, the following words and phrases shall have the meanings specifically ascribed to them in this subsection, unless the context or provision clearly requires otherwise: (1) “Person” means any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. (2) “Tobacco Paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco products. (3) “Tobacco Products” means any substance containing any tobacco leaf, including but not limited to cigarettes, cigars, bidis, pipe tobacco, snuff, chewing tobacco, and smokeless tobacco. (4) “Tobacco Retailer” means any person who sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco, tobacco products and/or tobacco paraphernalia; “tobacco retailing” shall mean the doing of any of these things whether exclusively or in conjunction with any other use. (b) Conditional Use Permits. Tobacco retailers are not allowed in any zoning district unless listed as a conditional use. In zoning districts where tobacco retailers are a listed a 99 conditional use, tobacco retailers may be allowed upon the granting of a use permit. Tobacco retailers are not allowed in any zoning district unless listed as a conditional use. by the Planning Commission or Zoning Administrator pursuant to Article 15-55. In addition to the requirements of Article 15-55, conditional use permits for tobacco retailers must include the following conditions: (1) Tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to the tobacco products and/or tobacco paraphernalia. Self-service displays are prohibited. (2) The tobacco retailer shall comply with local, state, and/or federal laws regarding sales, advertising or display of tobacco products and/or tobacco paraphernalia including posting prominently near the cash register or other point of sale the legal age to buy tobacco products and/or tobacco paraphernalia, and checking the identification of all purchasers to ensure they are of legal age. (3) No person under 18 years of age may sell or exchange tobacco products or tobacco paraphernalia. (4) Sampling of tobacco products by individuals under 18 years of age shall not be permitted. Therefore, tobacco products shall not be given or sold to individuals under 18 years of age. (5) Smoking shall be prohibited in a premises deemed a Tobacco Retailer. (c) Limited Density of Tobacco Retailers. NoExcept as set forth in subsection (d), below, no tobacco retailer, not legally in existence as of the effective date of this ordinance, shall be granted a conditional use permit to operate on a site which is: (1) within five hundred (500) feet of a site occupied by another tobacco retailer; (2) within one thousand (1000) fee of a site occupied by a public or private elementary, middle, or high school; or [Option: (3) within ___1000 feet of a site occupied by a City park.]. All distances shall be measured in a straight line from the point on the parcel boundary of the proposed tobacco retailer nearest to the subject use (i.e, existing tobacco retailer, school, [or park])) to the nearest point on the parcel boundary of the subject use. (d (d) Planning Commission Findings. A proposed tobacco retailer use that does not meet the criteria set forth in subsection (c), above, may be issued a conditional use permit by the Planning Commission if the Planning Commission (1) makes the findings specified in section 15-55.070 of this Code and (2) finds that the tobacco retailer use is compatible with the surrounding neighborhood and located and designed in a manner that is sensitive to the proximity of schools, parks, medical facilities, and other tobacco retailers. If a proposed tobacco retailer use would ordinarily be subject to review by the Zoning Administrator, the use permit shall be considered by the Planning Commission in the first instance if, in the course of staff 100 review of the permit application, it is determined that the proposed use does not meet the criteria set forth in subsection (c), above. (e) Existing Tobacco Retailers: Procedure for Administrative Approval. If a tobacco retailer is legally in existence on [effective date of ordinance],November 7, 2009, the operator is not required to comply withobtain a conditional use permit or satisfy the density requirements in subdivision (b),subsection (d), above, as long as the operator obtainsapplies for an Administrative Existing Tobacco Retailer Use Permit by [effective date plus 180 days].May 7, 2010. The Director shall issue an Administrative Existing Tobacco Retailer Use Permit to any tobacco retailer legally in existence as of the date of enactment of this ordinance when the Director obtains a declaration from the tobacco retailer operator declaring that it will comply with the conditions in subdivision (b). No fee shall be charged for this permit. (ef) Suspension or Revocation of a Use Permit. (1) The suspension and revocation provisions set forth in this subsection apply to use permits granted under both subsection (b) and (d). (2) Grounds for Suspension or Revocation: In addition to any basis for suspension or revocation under Article 15-55, a tobacco retailer’s use permit status shall be suspended or revoked if the Director finds, after notice and opportunity to be heard, any of the following: (A) That the applicantpermit holder has violated any of the use permit conditions of approval, including without limitation the conditions set forth in subsection (b) of this Section, or (B) That the applicantpermit holder has violated any local, state or federal law governing the sale, advertisement or display of tobacco products or tobacco paraphernalia. (3) Suspension shall suspend the privilege of tobacco retailing for a stated period pursuant to paragraph (4) of this subsection. Revocation shall be without prejudice to the filing of a new application for a conditional use permit following correction of the conditions that required the revocation. (4) Suspension or Revocation of CUP: If the Department finds that there are grounds for the suspension of a CUP, the following sanctions shall be imposed: (A) A first violation of this ordinance shall result in a thirty-day (30) suspension of the right to sell tobacco products and tobacco paraphernalia. (B) A second violation of this ordinance within a sixty-month (60) period shall result in a ninety-day (90) suspension of the right to sell tobacco products and tobacco paraphernalia. (C) A third or subsequent violation of this ordinance within a sixty-month (60) period may result in a revocation of the right to sell tobacco products and tobacco paraphernalia. 101 (5) Appeal of Suspension and/or Revocation: The decision of the Director is appealable to the Hearing Officer pursuant to section 3-15.070 of this Code provided that any appeal must be filed within 10 days of receipt of the Director’s decision. An appeal shall stay all proceedings in furtherance of the appealed action. (fg) Enforcement. (1) Violations of this Section and any use permit issued hereunder are hereby declared to be public nuisances. (2) In addition to other remedies provided by this Section or by other law, any violation may be remedied by a civil action brought by the City Attorney, including but not limited to administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, unfair business practice proceedings under Business & Professions Code Section 17200 et seq., and suits for injunctive relief. The remedies provided by this Section are cumulative and in addition to any other remedies available at law or in equity. P:\SARATOGA\RESOLUTI\Tobacco Ordinances\Draft Tobacco Retailer Ordinance (Redline Showing PC Revisions 08-26-09).v2.doc 102 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan DIRECTOR: Dave Anderson City Clerk SUBJECT: Records Management Program: Authorization to Proceed with Destruction of Certain City Records RECOMMENDED ACTIONS: Direct staff to proceed with the destruction of records listed in Exhibit A to Resolution 09-043 that was adopted by Council on July 15, 2009. BACKGROUND: At the July 15, 2009 City Council meeting, Council adopted a records management policy pursuant to the Secretary of State’s Local Government Records Management Guidelines and authorized the destruction of approximately 185 boxes of city records pursuant to that policy. (A copy of Resolution No. 09-043 authorizing the destruction is attached.) Prior to the destruction of those records the City Clerk received a public records request for review of the documents (in response to the request the documents were made available to the requestor the week of August 10-14, 2009 from 8:00a.m to 5:00p.m). In addition, at the Special Meeting on July 30, 2009, a Saratoga resident addressed the Council during the non-agendized items portion of the meeting and asked Council to re-consider their decision authorizing the destruction of these records because some records could be of historical value. Council directed that staff seek further guidance from the City Council at the September 16, 2009 City Council meeting. During review of the records to redact confidential information (such as social security numbers and credit card numbers) so that the documents could be made available in response to the public records request, staff also reviewed the records to identify any that included information of historical interest. The documents were primarily accounting records and recreation department administrative files. Per the city Records Management Policy documents determined to be of historical significance are maintained permanently. Members of the public have suggested that the Council consider a revised document destruction policy calling for permanent storage of all City documents either in hard copy or in an electronic format. The City does not have space available for permanent storage of all documents in hard copy. The minimum cost to scan these records would be $250 per box and approximately six to ten hours of staff time per box to remove staples, unfold oversized documents and to designate 103 Page 2 of 2 key words and metadata. The cost to destroy these records in accordance with the Records Retention Schedule is approximately $6 per box. FISCAL IMPACTS: Funding for destruction of records is included in the operating budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The records retention schedule will not be followed and the City will retain expired records much longer than is legally necessary. ALTERNATIVE ACTION(S): The alternatives of permanent retention of hard copies or electronic versions of the documents are discussed above. FOLLOW UP ACTION(S): Implement Council’s decision. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment 1 - Resolution No. 09-043 – Resolution Authorizing the Destruction of Certain City Records including Exhibit A thereto (List of Records to be Destroyed) 104 RESOLUTION NO. 09-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy certain records, documents, instruments, books or paper after the same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That it does hereby authorize the department heads to destroy those certain records, documents, instruments, books or paper under their charge as described in Exhibit ‘A.’ The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 15th day of July, 2009 by the following vote: AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None __________________________ Chuck Page, Mayor ATTEST: __________________________ Ann Sullivan, City Clerk 105 Exhibit A Records to be Destroyed Administrative Services Department Box Description Division Record Series Official retention Retain through "69" Accounts Payable "A Misc. - Frontier Travel and Tours" FY 90/91 Accounts Payable Accounts Payable AU+4 1995 * False Alarm cards, unpaid ('83-'84) [small box] Accounts Receivable Accounts Receivable AU+4 1988 * Payroll Checks 17501-20817 FY 95/96-96/97 Accounts Payable Checks AU+5 2002 29B A/P Check Copies FY 97/98, Permit Refunds A-Z, Rental Deposit Refunds A-Z Accounts Payable Accounts Payable AU+4 2002 3A A/P Check Copies FY 97/98 A-C (includes "Contracts" and ABAG") Accounts Payable Accounts Payable AU+4 2002 Petty Cash Reimbursement FY (97/98) Accounts Payable Accounts Payable AU+4 2002 3B A/P Check Copies FY 97/98 M-R Accounts Payable Accounts Payable AU+4 2002 43D Savings Account Reconciliation FY 98/99 Reports Account Reconciliation AU+5 2004 44A Check Reports FY 98/99 (A/P, July - March) - Includes full A/P books Accounts Payable Accounts Payable AU+4 2003 46A A/P Check Copies FY 98/99 - C, C Misc, D-F Accounts Payable Accounts Payable AU+4 2003 46B A/P Check Copies FY 98/99 - G-L Accounts Payable Accounts Payable AU+4 2003 47A A/P Check Copies FY 98/99 - Principle Life through San Jose Water Company Accounts Payable Accounts Payable AU+4 2003 47D A/P Check Copies FY 98/99 - S-Z Accounts Payable Accounts Payable AU+4 2003 48A A/P Check Copies FY 98/99: Class/Permit/Rental Deposit Refunds A-Z Accounts Payable Accounts Payable AU+4 2003 49B Reconciled Checks and Ck# 74887 to 80423 ('98- '99) Accounts Payable Checks AU+5 2004 54D Bank Statements (July '99-March '00) Accounting Banking Records AU+5 2005 CAL-Card manual, Pooled Money Investment Board reports, bank rate info (2000 or earlier) General Administration - Administrative Services Reference Files, External Sources SU+2 2002 59A False Alarm Cards 12/98-12/99 Accounts Receivable Accounts Receivable AU+4 2004 64B Comerica Bank - Checking Acct transaction receipts FY 96/97 - 97/98 Accounting Banking Records AU+5 2003 Cancelled Checks FY 96/97 - 97/98 Accounts Payable Checks AU+5 2003 64D Comerica Bank - Checking Acct, Cancelled Checks FY 97/98 Accounting Banking Records AU+5 2003 65A General Checking Acct Reconciliation (July 1999- Dec 1999, Jan 2000-June 2000) Reports Account Reconciliation AU+5 2005 Checks FY 99/00 Accounts Payable Checks AU+5 2005 66B Accounts Payable FY 99/00 (July-February) Accounts Payable Accounts Payable AU+4 2004 73B Cash Edit Lists - Cash postings (Apr. '00-June '00) Accounts Receivable Cash receipts AU+4 2004 73D Cash Edit Lists - Cash postings (Feb. '00-April '00) Accounts Receivable Cash receipts AU+4 2004 74A Cash Edit Lists - Cash Postings (Jan-Feb 2000) Accounts Receivable Cash receipts AU+4 2004 74A Cash Edit Lists (Jan, Feb, June '00), Accounts Receivable ('99-'00), and Data Tickets ('99) Accounts Receivable Cash receipts; Accounts Receivable AU+4 2004 74B Accounts Payable FY 99/00, Edit and Update Lists FY 99/00 Accounts Payable Accounts Payable AU+4 2004 Purchase Order Encumbrances, Encumbrance Edit/Update Lists FY 99/00 Accounts Payable Purchase Orders AU+4 2004 Check Register/Cert. FY 99/00 Accounts Payable Check Registers CU+7 2007 106 76C Terminated employee files (2000) Payroll Employee Payroll files CU+6 2006 77B Cash Edit Lists (Jul. '00-Aug. '00) (Cash postings) Accounts Receivable Cash receipts AU+4 2004 79B Instructor Fees (FY 99/00) S-Wilten. Accounts Payable Accounts Payable AU+4 2004 Business license files (not applications) transferred from 77C (FY 99/00) Accounts Receivable Business License Files T+4 2005 79C Permit Refunds, Rental Deposit Refunds, and Instructor Fees (A-Russell) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004 80A Accounts Payable (Pacific-Shaw) (FY99/00) Accounts Payable Accounts Payable AU+4 2004 80B Accounts Payable (# - Cha), FY99/00 Accounts Payable Accounts Payable AU+4 2004 81A Accounts Payable (F-Larson) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004 81B Accounts Payable (League-Pacific) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004 81C Accounts Payable (San Jose-US) (FY 99/00) Accounts Payable Accounts Payable AU+4 2004 81D Accounts Payable (A misc -Dept. Conservation) FY 86/87 Accounts Payable Accounts Payable AU+4 1991 81D Accounts Payable (Unisource-Zee), "A-Z Nursery", Class/Trip Refunds A-Z -- 99/00 Accounts Payable Accounts Payable AU+4 2004 82C Bank Statements (June '99, April '00-Dec. '00) Accounting Banking Records AU+5 2006 82D Bank Statements (00-01) Accounting Banking Records AU+5 2005 Payroll Reconciliation (2000) Reports Bank Reconciliation AU+5 2005 84A Journal Entries ('00-'01) Accounting Journal AU+7 2008 84B Cash Edit Lists (Nov. '00- Dec. '00) Accounts Receivable Cash receipts AU+4 2005 84C Cash Edit Lists (Jan. '01-Feb. '01) Accounts Receivable Cash receipts AU+4 2005 84D Cash Edit Lists/Cash Postings (March-April '01) Accounts Receivable Cash receipts AU+4 2005 85A Accounts Receivable (FY 00/01) [full year] Accounts Receivable Accounts Receivable AU+4 2005 85C Business License Renewals ('01) Accounts Receivable Business License Files T+4 2006 85D Cash Edit Lists (Sep-oct 2001) Accounts Receivable Cash receipts AU+4 2006 Bank statements (sep-oct 2001) Accounting Banking Records AU+5 2006 86A Cash Edit Lists (Nov. '01-Dec. '01) Accounts Receivable Cash receipts AU+4 2006 Bank Statements (Nov. '01-Dec. '01) Accounting Banking Records AU+5 2007 86B Bank Statements (Jun-Aug 2001) Accounting Banking Records AU+5 2008 Journal Entries (June 2001) Accounting Journal AU+7 2008 Payroll Account Reconciliation (FY 00/01) Reports Bank Reconciliation AU+5 2006 86C Cash Postings/Cash edit lists (May '01- Jun. '01) Accounts Receivable Cash receipts AU+4 2005 86D Cash Postings (Jul. '01-Aug. '01) Accounts Receivable Cash receipts AU+4 2006 87A Cash Receipts A-Z Files (FY 00/01) Accounts Receivable Cash receipts AU+4 2005 87B False Alarm Cards ('00-'01) Accounts Receivable Accounts Receivable Au+4 2005 Parking Citations paid and appeal info (mainly referrals to Data Ticket) 2000-2001 Accounts Receivable (CD- Code Compliance: Parking Citations) Accounts Receivable AU+4* 2006 89C Payroll Employee Time Sheet Files PP#14-00 to #26-01 (6/24/00 - 12/21/01) Payroll Payroll - Employee Timesheets AU+6 2008 93B Gen. Checking Account Reconciliation (FY 00/01), Cleared Checks #82191-85690 Reports Account Reconciliation AU+5 2006 93C General Checking Account cleared checks (01/02) Nos. 85692-89272 Accounts Payable Checks AU+5 2007 107 94A Payroll checking account, cleared checks Jan. 2000 - Jun 2002 Accounts Payable Checks AU+5 2007 94B Terminated employee files (2002) Payroll Employee Payroll files Cu+6 2008 96B Cash Postings (May-June 2002) Accounts Receivable Cash receipts AU+4 2006 96C Cash Postings (July '02) Accounts Receivable Cash receipts AU+4 2006 Bank Deposit Books FY 01/02, 02/03, Banking receipts Jan-Dec 2002 Accounting Banking Records AU+5 2008 97A Accounts Receivable (FY 01/02) Accounts Receivable Accounts Receivable AU+4 2006 97B Payroll Bank Recon. (July 2001-June 2002), Bank Statements (Jan.-June 2002) Reports Bank Reconciliation AU+5 2007 97C Business License Renewals and B/L's printed (Oct. 2001- Dec. 2002), Indiv. B/L's printed (2001) Accounts Receivable Business License Files T+4 2007 97D Bank Statements (July 2002-June 2003) Accounting Banking Records AU+5 2008 98A Printed Business licenses (2002) Accounts Receivable Business License Files T+4 2007 Paid Parking Citations ('02) Accounts Receivable (CD- Code Compliance: Parking Citations) Accounts Receivable AU+4* 2006 98B Cash Receipts A-Z Files (FY 01/02) Accounts Receivable Cash receipts AU+4 2006 98C Cash Postings (Jan. '02-Feb. '02) Accounts Receivable Cash receipts AU+4 2006 98D Cash Postings (Mar. '02-Apr. '02) Accounts Receivable Cash receipts AU+4 2006 100B Gen. Checking Account Reconciliation (FY 02/03) Reports Account Reconciliation AU+5 2008 100C Cash Postings (aug. '02 - Sept. '02) Accounts Receivable Cash receipts AU+4 2007 100D Cash Postings (Oct. '02 - Nov. '02) Accounts Receivable Cash receipts AU+4 2008 101A Cash Postings (Dec. '02 - Jan. '03) Accounts Receivable Cash receipts AU+4 2007 101B Cash Postings (Feb. '03 - Mar. '03) Accounts Receivable Cash receipts AU+4 2008 101C Cash Postings (Apr. '03 - May '03) Accounts Receivable Cash receipts AU+4 2008 103A Accounts Receivable (FY 02/03) Accounts Receivable Accounts Receivable AU+4 2007 103B Account Payable Checks Copies "A Misc. - Coate, Barrie" (FY 01/02 [03]) Accounts Payable Accounts Payable AU+4 2007 103C Account Payable Checks Copies "Commonwealth Credit Union - Fry's Electronics" (FY 01/02) Accounts Payable Accounts Payable AU+4 2006 103D Account Payable Checks Copies G-I (FY 01/02) - Includes checks from July 2002 (FY 02-03) Accounts Payable Accounts Payable AU+4 2007 123A Account payable checks copies "J Misc. - Oriental Trading Co" (FY 01/02) Accounts Payable Accounts Payable AU+4 2006 123B Account payable checks copies "P misc. - S misc" (FY 01/02 [03]) Accounts Payable Accounts Payable AU+4 2007 123C Account payable checks copies "S Misc. - Sutro & Co" (FY 01/02) Accounts Payable Accounts Payable AU+4 2006 123D Account payable checks copies "T.A.K.'s Equipment - Zutshi, Ruchi" (FY 01/02[03]), Void PO's Accounts Payable Accounts Payable AU+4 2007 124A Account Payable Check copies FY01/02 - Class & trip refunds, rental deposit refunds, permit refunds Accounts Payable Accounts Payable AU+4 2006 124B Account Payable Checks copies FY 01/02 Instructor Fees A-Z Accounts Payable Accounts Payable AU+4 2006 124C Account Payable checks copies FY 00/01, A Misc. - Burns, Lori Accounts Payable Accounts Payable AU+4 2005 124D Account payable checks copies C Misc. - Dunn- Edwards Corporation (FY 00/01) Accounts Payable Accounts Payable AU+4 2005 108 125A Account payable checks copies FY 00/01 E Misc. - Interstate Battery System Accounts Payable Accounts Payable AU+4 2005 125B Account payable checks copies J Misc. - Orchard Supply Hardware (FY 00/01) Accounts Payable Accounts Payable AU+4 2005 125C Account payable checks copies P Misc. - Royal Coach Tours (FY 00/01) Accounts Payable Accounts Payable AU+4 2005 125D Account payable checks copies S Misc. - Super Glass (FY 00/01) Accounts Payable Accounts Payable AU+4 2005 126A Account payable checks copies TUV Misc., T.A.K.'s Equipment - Zee Medical (FY 00/01) Accounts Payable Accounts Payable AU+4 2005 126B Account payable checks copies Permit Refunds, Instructor Fees (FY 00/01) Accounts Payable Accounts Payable AU+4 2005 126C Account payable checks copies Class and trip Refunds, rental deposit refunds (FY 00/01) Accounts Payable Accounts Payable AU+4 2005 131A- 1 Bank deposit tickets (11/23/99 Reception to 5/14/01 Building) [small box] Accounting Banking Records AU+5 2006 140D Accounts receivables FY 03/04, A/R invoices A - Z (FY 03/04) Accounts Receivable Accounts Receivable AU+4 2008 141C White receipts with backup documentation (cash receipts) (FY 02/03) Accounts Receivable Cash receipts AU+4 2007 141D White receipts with backup documentation (cash receipts) (FY 03/04) A Misc. - State of CA Payment Sched Accounts Receivable Cash receipts AU+4 2008 D1 Vendor Payments FY 96-97 Central Bay Painting Co. to Fry's Electronics Accounts Payable Accounts Payable AU+4 2001 D2 Vendor Payments 2000-2003 Accounts Payable Accounts Payable AU+4 2007 D3 Accounts Payable FY 96/97 Employee reimbursement, cash refunds A-L, deposit refunds, Vendor payments W Misc. - Zee Medical Accounts Payable Accounts Payable AU+4 2001 F2 Business License files & Renewal Reports (Jan-Mar '03) Accounts Receivable Business License Files T+4 2008 A/p Checks Copies "L-W Misc." (FY 03/04) [from F14] Accounts Payable Accounts Payable AU+4 2008 F4 Cash Edit Lists/Cash Postings (Jul. '03 - Aug. '03) Accounts Receivable Cash receipts AU+4 2008 F5 Cash Edit Lists/Cash Postings (May '04 - Jun. '04) Accounts Receivable Cash receipts AU+4 2008 F10 Cash Edit Lists/Cash Postings (Mar. '04 - Apr. '04) Accounts Receivable Cash receipts AU+4 2008 F12 Inact. Business File Copies/Renewal Reports/Notices & Park. Cit. ('03) Accounts Receivable Business License Files T+4 2008 F13 Cash Postings (Jun. '03) & False Alarm Cards ('02- '03) Accounts Receivable Cash receipts AU+4 2008 F15 A/p Checks Copies & Cotton Shires and Assoc. Horizon (FY 03/04) Accounts Payable Accounts Payable AU+4 2008 F16 Account Payable Checks Copies "V Misc. - Zutshi" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 F17 A/p Checks Copies & PG&E-San Jose Water (FY 03/04) Accounts Payable Accounts Payable AU+4 2008 F18 A/p Checks Copies "Maximus Inc - Pollock, Felicia Peters" (FY 03/04) Accounts Payable Accounts Payable AU+4 2008 F20 Account Payable Checks Copies "SCC Dept. of Revenue-UNUM Life Ins." (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 F21 A/p Checks Copies (FY 03/04) "Santa Clara County Department of Revenue - Streit, Nick" Accounts Payable Accounts Payable AU+4 2008 F22 Cash Edit Lists/Cash Postings (Sept. '03 - Oct. '03) Accounts Receivable Cash receipts AU+4 2008 F23 Account Payable Checks Copies "PG&E-San Jose Water" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 F24 A/p Checks Copies (Sullivan, Anne-Zutshi, Ruchi) (FY 03/04) Accounts Payable Accounts Payable AU+4 2008 F25 Account Payable Checks Copies "H Misc.-L Misc." (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 109 F26 A/p Checks Copies (A Misc.-Coast Oil Company) (FY 03/04) Accounts Payable Accounts Payable AU+4 2008 F27 Account Payable Checks Copies "Coate, Barrie - Greg G. Ing and Associates" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 F28 A/p Checks Copies (I Misc.-League of California Cities) (FY 03/04) Accounts Payable Accounts Payable AU+4 2008 F29 Account Payable Checks Copies "Rental Dep./Permit Ref/Instr. Fees" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 F30 Account Payable Checks Copies "League of CA Cities-Pac Bell Worldcomm" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 F31 A/p Checks Copies (A - Kuhn, Brian) (FY 03/04) Instructor fees and class refunds Accounts Payable Accounts Payable AU+4 2008 F32 Cash Edit Lists (Nov. '03 - Dec. '03) Accounts Receivable Cash receipts AU+4 2008 F44 Bank Account - Savings Recon. (FY 99/00 - 00/01) Reports Bank Reconciliation AU+5 2006 F45 Account Payable Checks Copies 'A - City of Saratoga Petty Cash (Finance)" (FY 02/03) Accounts Payable Accounts Payable AU+4 2007 F51 Gen. Checking Account (FY 02/03) Cancelled Checks #89477-92099 Accounts Payable Checks AU+5 2008 F66 Payroll Employee Files for terminated employees ('01) Payroll Employee Payroll files CU+6 2008 Time Sheet Files for terminated employees ('01) Payroll Payroll - Employee Timesheets AU+6 2008 F68 General Checking Account Reconciliation FY 01/02 Reports Account Reconciliation AU+5 2007 F8 Cash Edit Lists/Cash Postings (Jan. '04 - Feb. '04) Accounts Receivable Cash receipts AU+4 2008 *Where a record could arguably be placed in multiple records series, we have listed both series and kept only the longer retention period. For example, Parking Citations are processed through Administrative Services: Accounts Receivable as Accounts Receivable files; they are also listed in Community Development: Code Compliance as "Parking Citations" but have a shorter retention period. We list the Accounts Receivable retention period. The following records may only be destroyed if the accompanying resolution to amend the records retention schedule is approved. Payroll Registers (a permanent record) have all been removed Box Description Division Record Series Official retention Retain through 36B Payroll Reports/Records (Apr-Jun 1998) Payroll Payroll - Salary and Deduction Registers AU+5 2003 36D Payroll Reports/Records (Jan-Mar 1998) Payroll Payroll - Salary and Deduction Registers AU+5 2003 37A Payroll Reports/Records (Oct-Dec 1998) Payroll Payroll - Salary and Deduction Registers AU+5 2004 86B Payroll reports (from 16B) (July-August 1997) Payroll Payroll - Salary and Deduction Registers AU+5 2003 88A Payroll Reports/Records (Jun-Mar 2002) Payroll Payroll - Salary and Deduction Registers AU+5 2007 88C Payroll Reports/Records (May-Jul 2002) Payroll Payroll - Salary and Deduction Registers AU+5 2008 90B Payroll Reports/Records (Jan. '01 - Mar. '01) Payroll Payroll - Salary and Deduction Registers AU+5 2006 90C Payroll Reports/Records (Mar-May 2001) Payroll Payroll - Salary and Deduction Registers AU+5 2006 110 90D Payroll Reports/Records (May-Jun 2001) Payroll Payroll - Salary and Deduction Registers AU+5 2006 91A Payroll Reports/Records (Jul-Aug '01) Payroll Payroll - Salary and Deduction Registers AU+5 2007 91B Payroll Reports/Records (Sep-Oct '01) Payroll Payroll - Salary and Deduction Registers AU+5 2007 91C Payroll Reports/Records (Nov-Dec '01) Payroll Payroll - Salary and Deduction Registers AU+5 2007 92B Payroll Reports/Records (Sep-Nov 2002) Payroll Payroll - Salary and Deduction Registers AU+5 2008 92C Payroll Reports/Records (Nov-Dec '02) Payroll Payroll - Salary and Deduction Registers AU+5 2008 F53 Payroll Reports/Records (Mar. '02 - May '02) Payroll Payroll - Salary and Deduction Registers AU+5 2007 F55 Payroll Reports/Records (Jul '02 - Sept. '02) Payroll Payroll - Salary and Deduction Registers AU+5 2008 F74 Payroll Processing Reports (9/30/98) Payroll Payroll - Salary and Deduction Registers AU+5 2004 City Manager’s Office (Human Resources) Box Description Division Series Official retention Retain through #1 City Volunteer Program Records (non-active volunteer records) FY 2000-06 Human Resources City Volunteer Program Records T+2 2008 Recreation/Facilities Department Records ready for destruction Note: Many of the accounting records stored by Recreation/Facilities are fully duplicated in Administrative Services. These records have been given retention periods based upon the retention requirements of the records series as noted in the Administrative Services section of the records retention schedule, and have been listed as "AS- Accounts Payable" etc. in the Division column Box Description Division Series Official retention Retain through #1 Blue binder pages for facility location of classes 7/03-12/03, Long form class locations winter 99, Spring 99 , Fall 03, winter/spring 03 and spring/summer 04 General Administration - Recreation/Facilities Administrative Records CU+2 2006 Receipts 07/01-02/03, AS-Accounts Receivable Cash Receipts AU+4 2007 purchase orders 07/02-06/02, refunds 03, petty cash forms 00-03, ABAG power purchasing pool 02-03, check request 06/01/03-09/11/03, teacher payments spring 02 AS-Accounts Payable Accounts Payable; Purchase Orders AU+4 2008 release forms for camps 03 Recreation Release of Liability/Health forms CU+4 2007 cancelled classes summer 04 General Administration - Recreation/Facilities Reference Files, Internal SU+2 2006 111 registration forms summer 04 Recreation Registration Forms CU+2 2006 #2 Accounting Daily 6/02-9/02 AS-Accounts Receivable Accounts Receivable AU+4 2007 winter 03 rosters Recreation Class Rosters CU+2 2005 bottom line report (winter 03) Recreation Bottom Line Reports CU+2 2005 #3 Daily Accounting 6/20/2003-04/2004 AS-Accounts Receivable Accounts Receivable AU+4 2008 #4 Building Rentals 2003-2004, contracts, schedules, receipts & calendars Facilities Facility Rentals cu+4 2008 #6 PO's 07/01-12/01, class refunds 07/00-08/01, check requests July-Dec 01; fall, summer, spring 02 refunds & teachers payment. AS-Accounts Payable Accounts Payable; Purchase Orders AU+4 2006 activity summary 03/01-05/01, activity listings 08/01-11/01 General Administration - Recreation/Facilities Reference Files, Internal SU+2 2004 blue binder facilities res. Reports 07/01-12/01, party rental forms 99-01, long form classroom sched. Summer, winter, spring 02. General Administration - Recreation/Facilities Administrative Records CU+2 2004 expenditure approval listing 07/01-12/01, daily accounting 03/04-04/04 AS-Accounts Receivable Accounts Receivable AU+4 2008 #8 Accounting Daily 3/02-6/02 AS-Accounts Receivable Accounts Receivable AU+4 2006 #9 Robert Kirks ABAG purchasing 01-02, PO register 99-00, class refund rosters 99-00 & 03-04, AS-Accounts Payable Accounts Payable AU+4 2008 incident Reports 93-98, Risk Management Accident and Incident Reports CL+7 2005 fall 01 rosters, faxes, info, rosters & faxes 02, Recreation Class Rosters CU+2 2004 long form spring/summer 02, long forms bldg assignments for classes 01, General Administration - Recreation/Facilities Administrative Records CU+2 2004 fall reconciliation reports 1/09/00, 04/19/01, 12/00- 05/01, AS-Reports Account Reconciliation AU+5 2006 daily accounting receipts Jan 01-June 01 AS-Accounts Receivable Accounts Receivable AU+4 2005 check registers 12/00-06/01 AS-Accounts Payable Check registers CU+7 2008 instructor roster 99-00 Recreation Roster of Instructors SU+2 2003 Instructor contracts 98, Recreation Instructor Applications and Contracts T+4 2003 camp release forms 12/03 Recreation Release of Liability/Health forms CU+4 2007 #10 Building Rentals 7/00-6/02, calendars, rental logs, schedules, receipts & contracts. Facilities Facility Rentals cu+4 2006 #11 Registration forms fall 01, winter, spring, 02 trip, spring, summer 02 Recreation Registration Forms cu+2, 2004 #12 Payroll instructor 02/03, payroll instructor 02-03, Recreation Instructor Payments cu+4 2008 class refunds 04, AS-Accounts Payable Accounts Payable AU+4 2008 fall rosters 04, winter 05 rosters & misc reports, hobbit play enrollment 03, Recreation Class Rosters CU+2 2007 redwood sports liability forms 04, Recreation Release of Liability/Health forms CU+4 2008 facility reports 7/04-1/05 (calendars of facility use) General Administration - Recreation/Facilities Administrative Records CU+2 2007 112 #13 Fall, summer, spring 02 Teacher payments, & refunds, Accounting 3/04-04/30/04 AS-Accounts Payable Accounts Payable AU+4 2008 #14 Building Rentals 02/03 & 03/04, contracts, schedules, calendars & receipts. Facilities Facility Rentals cu+4 2008 #15 Registration forms 2001 Recreation Registration Forms CU+2 2003 #16 Daily Accounting Nov-Dec 01 Aug-Oct 01 AS-Accounts Receivable Accounts Receivable AU+4 2006 Activity summary spring 01,& summer, winter, spring 2000 General Administration - Recreation/Facilities Reference Files, Internal SU+2 2003 #17 Purchase orders 7/01/02-06/20/2003; class refunds summer 2001, fall & summer 2000, AS-Accounts Payable Accounts Payable AU+4 2007 contracts on former instructors 1991-2003, personnel forms on former rec leaders 1991-2003, Recreation Instructor Applications and Contracts T+4 2008 teacher payments summer 2000 & 20001 Recreation Instructor Payments CU+4 2005 spring 2000-Winter 2002 rosters, faxes and rosters info 2001 Recreation Class Rosters CU+2 2003 reports, information mailing lists 2002 General Administration - Recreation/Facilities Administrative Records CU+2 2004 #18 refunds spring & summer 03, summer 03 refunds, AS-Accounts Payable Accounts Payable AU+4 2007 teacher payment spring& summer 03, Recreation Instructor Payments CU+4 2007 drafts for winter 03 brochure, Recreation Activity Guides CU+2 2005 summer 03 rosters & notes on classes, Recreation Class Rosters CU+2 2005 long forms fall 02, summer 03, winter/spring 03, old correspondence with instructors 02, blank old forms, old voice mail books 2003. General Administration - Recreation/Facilities Administrative Records CU+2 2005 #19 summer camp paperwork, brochure report, long forms, 2000-2001 General Administration - Recreation/Facilities Administrative Records CU+2 2003 Trip Registration Forms 2000-2001 Recreation Registration Forms CU+2 2003 #20 Activity summary fall 2000 & winter 01, information on classes 02, & 03 General Administration - Recreation/Facilities Reference Files, Internal SU+2 2006 roster changes summer camps 2000, Recreation Class Rosters CU+2 2002 THE accounting 2/07/00-08/11/00, daily accounting 1/07/03-3/31/03 & 11/27/02-1/16/03, AS-Accounts Receivable Accounts Receivable AU+4 2007 refund info 2003, AS-Accounts Payable Accounts Payable AU+4 2007 #21 daily accounting 01, AS-Accounts Receivable Accounts Receivable AU+4 2006 winter wonderland registration forms 2001, Recreation Registration Forms CU+2 2003 Activity Reports listing 01, 02, General Administration - Recreation/Facilities Reference Files, Internal SU+2 2005 teacher payments winter 01 & 02, Recreation Instructor Payments CU+4 2006 refunds 01 AS-Accounts Payable Accounts Payable AU+4 2005 #22 2001 activity summary, class stats fall 01 General Administration - Recreation/Facilities Reference Files, Internal SU+2 2004 brochure info 01, fall 2000 brochure Recreation Activity Guides CU+2 2003 113 calendar of classes fall 2000 General Administration - Recreation/Facilities Administrative Records CU+2 2002 teacher phone lists 01 Recreation Roster of Instructors SU+2 2004 faxes & roster info fall 01, Recreation Class Rosters CU+2 2003 refunds 01 winter & spring, refunds fall 00, AS-Accounts Payable Accounts Payable AU+4 2005 teacher payments spring & winter 01 Recreation Instructor Payments CU+4 2005 daily class deposits 8/25/00-05/13/2001, Recreation Miscellaneous Payments Cu+4 2005 #23 deposits 01/00-06/01 Recreation Miscellaneous Payments cu+4 2005 registration forms 01/00-06/01 Recreation Registration forms CU+2 2003 #24 instructor contracts 99/01 Recreation Instructor Applications and Contracts T+4 2005 #25 Camps 90-91 info, brochure info fall 89-fall 91, old fashioned camp printout spring 96, brochure & trip info 97-98, Recreation Activity Guides CU+2 2000 instructor contracts expired 93-96, Recreation Instructor Applications and Contracts T+4 2000 class refund roster summer 91, Recreation Class Rosters CU+2 1993 #26 Trips 5/92-9/95 General Administration - Recreation/Facilities Contracts and Agreements CL+4* 1999 #27 special events, holiday classes events, paperwork 87-98, brochure info 92-97 trip info 12/97-12/98 General Administration - Recreation/Facilities Contracts and Agreements CL+4* 2002 #28 Trips 89-92 General Administration - Recreation/Facilities Contracts and Agreements CL+4* 1996 #29 trips & info 9/95-12/97 General Administration - Recreation/Facilities Contracts and Agreements CL+4* 2001 #30 refunds winter 02, fall 03, winter 04, AS-Accounts Payable Accounts Payable AU+4 2008 teacher payments summer 00, winter 03, fall 02, winter 04, Recreation Instructor Payments CU+4 2008 bldg. reservations report and copies 11/01/04- 06/30/04. Facilities Facility Rentals CU+4 2008 #31 Trips 85-89 General Administration - Recreation/Facilities Contracts and Agreements CL+4* 1993 #32 Reg. forms 2002 & 2003 Recreation Registration Forms Cu+2 2005 #33 Building Rentals 7/98-06/00 calendars, rental logs, schedules, receipts & contracts. Facilities Facility Rentals CU+4 2004 #34 Registration Forms summer 03, fall 03, fall 04 Recreation Registration Forms CU+2 2006 #35 Camps 86-88 info, winter events, General Administration - Recreation/Facilities Contracts and Agreements CL+4* 1992 brochure info fall 86 & summer 89, Recreation Activity Guides CU+2 1991 facility log 1/02-06/02, Facilities Facility Rentals CU+4 2006 accounting receipts 7/1/02-06/27/03, AS-Accounts Receivable Cash Receipts AU+4 2007 114 copies check requests & PO's Robert Kirks 02-03, PO's listing 2002 & 2003 AS-Accounts Payable Accounts Payable AU+4 2007 #35 Accounting 5/03/04-07/01/04 & 1/12/04-03/16/04. AS-Accounts Receivable Accounts Receivable AU+4 2008 release liability 04, Recreation Release of Liability/Health forms CU+4 2008 theater info & contracts 01-02 General Administration - Recreation/Facilities Contracts and Agreements CL+4* 2006 #36 impac copies (purchasing) 5/22/02-12/22/03, PO copies 2003-04, ABAG power purchasing 1992- 2000, , AS-Accounts Payable Accounts Payable; Purchase Orders AU+4 2008 afterschool redwood coaches 02-03, contracts - finger printing info Recreation Instructor Applications and Contracts T+4 2007 Daily accounting 9/20/02-11/26/02, AS-Accounts Receivable Accounts Receivable AU+4 2007 Yellow page ad 2002, General Administration - Recreation/Facilities Administrative Records CU+2 2004 Hercules play enrollment forms 2001, Recreation Registration Forms CU+2 2003 Free standing ballet bar info on equipment, vending machine, trampoline, ( equip no longer here) no longer in service since 2000 Facilities Equipment Ownership L+2 2002 copies of bldg. rental agreement, 02-03 Facilities Facility Rentals CU+4 2007 ball park theatre contracts 02-03, General Administration - Recreation/Facilities Contracts and Agreements CL+4 2007 statements & letters Bank Comerica 91-01 AS-Accounting Banking Records AU+5 2006 #38 Redwood Afterschool Sports 00-04, Recreation Instructor Applications and Contracts T+4 2008 contracts 97,01,02,04, Recreation Instructor Applications and Contracts T+4 2008 Rosters 01 Recreation Class Rosters CU+2 2003 sign ups pymt 00-01, Boosters pymt 98, 02, 03, Recreation Miscellaneous Payments CU+4 2007 #39 Trips 85-89 General Administration - Recreation/Facilities Contracts and Agreements CL+4* 1993 #40 Expenditure Approval list 00, Robert Kirks- Encumbrance Listing by vendor 00, check requests & invoices 99-00, PO's with register 99, 00, AS-Accounts Payable Accounts Payable; Purchase Orders AU+4 2004 classroom assignments for rentals 7/00-12/00, Facilities Facility Rentals CU+4 2004 teacher contracts 98/99, Recreation Instructor Applications and Contracts T+4 2003 postage receipts 96-99, trip correspondence 00, information on HTE 95 General Administration - Recreation/Facilities Administrative Records CU+2 2002 paperwork on redwood coaches 98-99. Recreation Instructor Applications and Contracts T+4 2003 115 payment info revenue from vending machine 2000, AS-Accounts Receivable Accounts Receivable AU+4 2004 instructor contracts 97-99, Recreation Instructor Applications and Contracts T+4 2003 activity summary 00 General Administration - Recreation/Facilities Reference Files, Internal SU+2 2003 *Where a record could arguably be placed in multiple records series, we have listed both series and kept only the longer retention period. Trips and events include class rosters, Purchase orders, contracts and associated administrative documents, and external info such as brochures. We list the Contracts and Agreements retention period. Public Works (Corp. Yard) Box Description Division Record Series Official retention Retain through #1 Closed Purchase Orders and Check Requests Vendors A-Z FY 1999-2001 Corp. Yard Vendor Files CL+4 2005 #2 Paid Vendor Files / A-Z/ FY 2002-2003 Corp. Yard Vendor Files CL+4 2007 #3 Paid Vendor Files / A-Z/ FY 2003-2004 Corp. Yard Vendor Files CL+4 2008 #4 PG&E/San Jose Water Co Paid Invoices 2001-2004 Corp. Yard Vendor Files CL+4 2008 AUTHORIZATION FOR DESTRUCTION The above-listed records have been retained in accordance with the City’s Records Retention Schedule and applicable federal and state laws. Upon approval of the City Council by resolution and the approval of the City Attorney, these records will be properly destroyed. City Attorney’s Consent: The above-listed categories of records have been reviewed and I hereby authorize the destruction of all the listed records. ________________________________ Richard Taylor City Attorney, City of Saratoga ________________________________ Date 116 Page 1 of 4 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Curtis Boone DIRECTOR: Barbara Powell Records Management Intern Assistant City Manager Ann Sullivan City Clerk SUBJECT: Revisions to Records Retention Policy RECOMMENDED ACTIONS: Adopt Resolution Amending City’s Records Retention Schedule. BACKGROUND: At the July 15th City Council meeting, the Council requested an update to the City of Saratoga’s retention policies for audio/visual recordings of Council meetings. Recordings of Council meetings are listed in the records retention schedule as “Meetings, Audio/Visual Recordings,” and have a retention period of the current year plus three months (CU+3 mos.). Proposed revisions include moving the video and audio components of this record series into separate entries. Video Recordings The City currently contracts with KSAR to videotape all regularly scheduled meetings of the City Council and Planning Commission, and maintains these recordings on DVD and streaming video hosted by Granicus. Per Council direction, video recordings would be retained permanently to complement the official written minutes. Audio Recordings Since City Council meetings are videotaped, audio recordings are normally only made at study sessions. Audio recordings are also made for the Traffic Safety Commission. To evaluate options, staff requested input on retention policies for these recordings from the California City Clerks’ Association listserv. Thirty city clerks responded with specific information on their retention policies for audio recordings, which can be divided into four broad categories: 117 Page 2 of 4 · Retain for a minimal length of time: 14 cities (~46%). Of these, 8 cities retain them until minutes are approved; 4 cities retain them for 30 days; and 2 cities retain them for 30 days or when minutes are approved, whichever is longer. · Retain for 1-2 years: 8 cities (~26%). Of these, 3 cities keep recordings for 1 year; 2 cities keep them for 1 year plus 3 months; and 3 cities keep them for 2 years. · Retain permanently: 3 cities (10%). However, 1 of these cities is looking at revising retention of audio recordings to be non-permanent. · The remaining 5 responses (~16%) ranged from no recordings made to 10 years retention. Options for Audio Recording Retention The City has several options for audio recordings for both Council and Commissions: Option 1: Treat as working files The City’s past practice has been to use audio recordings as an aid to creating written minutes. Since the written minutes are considered the official record of a meeting at which no video recording has been made, each audio recording has been considered a “working file” that may be discarded after the official record is created. If the Council decides that audio recordings of study sessions and committee meetings only need to be retained as working files for creating official minutes, the City Attorney has recommended that audio recordings be removed entirely from the records retention schedule. Option 2: Retain for 2 years, or for some other limited period of time The City could retain audio recordings for longer than is required to create the official minutes. This would give the City an audio record of Council study sessions and those commission meetings that are recorded. It would also require that the City provide copies of these recordings upon request by a member of the public; that the City Council approve destruction of recordings; and that staff develop a system of storing these recordings for the duration of their retention periods. Depending upon the retention period, the City would incur some costs associated with maintaining these records. Audio recordings for City Council would be listed in the retention schedule as follows: Meetings, Audio Recordings CU+2 GC 34090 Audio recordings of City Council study sessions. Audio recordings for commissions and committees would be listed in the retention schedule as follows: 118 Page 3 of 4 Meetings, Audio Recordings CU+2 GC 34090 Audio recordings of Commission or Committee meetings. Option 3: Retain permanently The City could retain audio recordings permanently. As in Option 2, audio recordings would be subject to public records requests. The City would incur costs over time, as maintaining recordings permanently would require that staff create back-up CD’s or DVD’s for each recorded meeting, and periodically replace those discs or whatever storage media were used. Audio recordings for the City Council would be listed in the retention schedule as follows: Meetings, Audio Recordings P GC 34090 Audio recordings of City Council study sessions. Audio recordings for commissions and committees would be listed in the retention schedule as follows: Meetings, Audio Recordings P GC 34090 Audio recordings of Commission or Committee meetings. Because Option 1 above reflects past practice at the City, staff has prepared a draft resolution updating the records retention schedule based upon that Option. If Council prefers Options 2 or 3, or another alternative, it may revise the attached resolution and adopt it with changes. Other Proposed Changes While preparing the proposed changes to audio and video recordings, staff identified a selection of additional revisions to the records retention schedule, and is recommending the following updates: · Adding an entry for Communications from the Public at Council Meetings. This item clarifies existing City policy regarding items entered into the public record at meetings of the City Council, which are part of the permanent record. · Adding a similar entry for Communications from the Public at Commission Meetings, in the Commissions and Committees section. · Removing business license applications from the entry for Business License Files, and creating a new listing for applications, which are to be kept permanently per the City’s municipal code. · Adding an entry for Audit Correspondence. · Revising the retention of Annual Financial Reports to be permanently retained. · Changing the descriptions of several records series to clarify their contents. 119 Page 4 of 4 All proposed changes are listed in Exhibit A. FISCAL IMPACTS: Over time, the City might incur some additional costs to maintain audio recordings. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The records retention schedule will not be updated. ALTERNATIVE ACTION(S): Revise attached resolution or provide direction to staff to return with a new recommendation at a future Council meeting. FOLLOW UP ACTION(S): Continue to review records retention schedule for needed updates. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Resolution Amending the City of Saratoga’s Records Retention Schedule Exhibit A: Revisions to the City of Saratoga’s Records Retention Schedule 120 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE CITY’S RECORDS RETENTION SCHEDULE WHEREAS, on the 3rd day of June, 2009, the City Council of the City of Saratoga approved a records retention schedule governing the retention of City records; and WHEREAS, the schedule has been updated to more accurately reflect the contents, value, and variety of records created by the City of Saratoga; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby approve the updated records retention schedule, including the revisions set forth in Exhibit A. BE IT FURTHER RESOLVED, that the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of September, 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Chuck Page, Mayor ATTEST: __________________________ Ann Sullivan, City Clerk 121 Exhibit A: Revisions to the City of Saratoga’s Records Retention Schedule Administrative Services Department Accounting Division Audit Records P GC 34090 Auditor reports relating to the review and monitoring of accounting or financial records to ensure compliance with GAAP standards and the City’s financial procedures. Includes: Single Audit reports; TDA Audit reports; GANN Appropriation Limit report; Public Financing Authority reports; and Auditor’s Internal Control memorandum or reports. Audit Correspondence AU+4 GC 34090 Formal correspondence associated with the yearly financial audit. Accounts Receivable Division Accounts Receivable AU+4 GC 34090 X Records related to accounting for money owed to the City, where the City sends out billing invoices. Includes false alarm cards. Business License Applications P GC 34090, Municipal Code 4- 05.070 X Original applications for business licenses submitted to the City. Business License Files T+4 GC 34090; CCP 337 X X Records related to business licenses, including applications, copies of issued licenses, and audits. Reports Division Annual Financial AU+7 P GC 34090 X Annual financial reports describing the financial status of the City, and related records. City Manager’s Office City Clerk division Communications from the Public at Council Meetings P GC 34090 Material provided to City Council from members of the public, relating to agendized or non-agendized items, for consideration at any noticed meeting of the City Council. Retained as part of the official City agenda packet for the meeting to which it pertains. Meetings, Audio/Visual Recordings CU+3 mos. GC 34090.7 Recordings of City Council meetings, when used for minute preparation. May have historic value. Meetings, Video Recordings P GC 34090 X Video recordings of City Council meetings. Provides a record of legislative history and intent. 122 Commissions and Committees Communications from the Public at Commission Meetings P GC 34090 Material provided to commissions and committees from members of the public, relating to agendized or non-agendized items, for consideration at any noticed meeting of the commission or committee. Retained as part of the agenda packet for the meeting to which it pertains. Meetings, Video Recordings P GC 34090 X Video recordings of commission and committee meetings. Provides a record of legislative history and intent. 123 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: 2009 Fall Issue of The Saratogan RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: The Saratogan is used as a tool to improve communications with residents and ensure the public has access to important information. The City has published a wide range of articles in past issues, ranging from public safety articles to water conservation tips to updates on City projects. The summer issue of The Saratogan was mailed to residents in July 2009 and the summer issue will be sent in October 2009. The summer issue featured articles on accountability. Topics included road maintenance, government transparency, and the value of building permits. The newsletter also had articles on Recreation programs, Ask Jana, the community garage sale, and Kevin Moran Park. Staff has started developing preliminary article topics for the next issue of The Saratogan. The stories are centered on “Investing in Saratoga” and will highlight stories on how the City and its residents can invest in Saratoga to make it a better place. Below is a preliminary list of feature and supplementary articles. Feature Articles: · The value of shopping locally · Village Façade Improvement Program · When and why citizens should get a business license · Library services that help unemployed residents Supplementary Articles: · Ask Jana · New City website · North Campus update 124 Page 2 of 2 · Public safety information To ensure The Saratogan meets the expectations of the City Council, staff is seeking input for the fall issue. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will move forward without Council input on the theme, article topics, or other aspects of the fall issue of The Saratogan. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: The Saratogan 2009 summer issue 125 SaratoganTheCITY o f S A RATOG A CALIF O R N I A1956 Summer 2009 Accountability in Saratoga As a steward of tax payer dollars, the City of Saratoga takes great care to maintain a high level of public trust in the City’s ability to account for public funds. In accordance with State law, Saratoga hires an independent firm to conduct an audit of City finances. This includes a careful examination of the City’s financial statements and records, as well as an evaluation of the City’s accounting practices. This financial oversight ensures the City is accountable and transparent in its use of public funds, since the audit is used to protect City resources from loss, theft, or misuse. Details of the annual audit are published in the Comprehensive Annual Financial Report (CAFR). The CAFR is available on the City’s website to allow the public to review the City’s reporting procedures. The CAFR for the fiscal year that ends June 30, 2009 is expected to be available in the fall. Responsible oversight of tax payer money is one of the many ways in which the City is accountable to the public. Read more about City accountability in this issue of The Saratogan. •• Open Government •• Saratoga strives to involve the community in government decision making by keeping residents informed and offering opportunities to participate. Find out more about open government in Saratoga below. •• Maintaining Safe Buildings •• The City’s building codes ensure buildings meet safety standards. Without this oversight, the safety of the public could be compromised. Turn to page 2 to see how building permits and inspections keep Saratoga safe. •• Reliable Infrastructure•• Saratoga has approximately 140 miles of road. Keeping its network of roads open and functional is key to the success of any city and a top priority for Saratoga. On page 2 read more about how the City maintains this critical resource. Open, Transparent Governance The City of Saratoga—your locally elected government—helps ensure transparency and open government through: Posting meeting agendas and conducting open meetings of the City Council and City Commissions;• Promptly responding to records requests from the public;• Publishing readily accessible information on the City’s website; and• Providing excellent customer service at City hall and in the community.• Experience the openness of your City government by visiting City Hall, participating in a community meeting, or attending a Council or Commission meeting. “The best government is an open government in which the American people are able to see what policy makers are doing and have the opportunity to participate in their decision-making.” — Senator Byron Dorgan (D - South Dakota) 126 Why Permit? The City of Saratoga requires building permits and inspections for a wide range of home improvement projects, including remodeling, roofing, and installing new water heaters. These permits and inspections are a City service that keeps residents safe by ensuring work is done to code. For example, an improperly installed water heater can be a significant fire hazard, and a poorly built deck could collapse; the City’s inspections help reduce these dangers by verifying that safety regulations have been followed. Large projects such as additions require multiple inspections by the Building Department, but many smaller projects only need a final inspection, including water heater and furnace replacements, air conditioner installations, and roof-mounted solar panels. For more information about building permits, call (408) 868-1201 or visit www.saratoga.ca.us. Please note that the Building and Planning Counters are now closed every Friday. Leveraging Funds for Reliable Roads As you drive down the road, what do you see out your front window and what do you feel as your car encounters the surface of the road? Do you notice the condition of the roads you’re driving on? A street’s condition is rated using a “Pavement Condition Index” (PCI). The PCI has a scale from zero to 100, with the lowest end rated a “failed” road, and 100 as an “excellent” road. City staff is dedicated to ongoing maintenance and improvements to City roads so they never receive a rating of “failed”, which would require complete road reconstruction. Instead, Public Works staff regularly monitor the condition of streets, and schedule those in the worst condition to receive maintenance first. Using this technique, the City has achieved an average PCI rating of “Very Good” and has avoided costly deferred maintenance on deteriorated roads. You may have noticed that as a main thoroughfare, Saratoga Avenue experiences a lot of wear and tear. Recently, City staff sought out and received a federal stimulus grant that will fully fund the repaving of two sections of Saratoga Avenue, from Cox Avenue to the City limits and from Scotland Drive to Ranfre Lane. The federal grant will help the City leverage limited funds to help maintain this important City road. Work is expected to begin this summer. Road work on Saratoga Sunnyvale Road Skyelar McLean helping a building permit applicant 127 Ask Jana Got Code Enforcement questions? Ask Jana! Send your questions to Jana Rinaldi at 13777 Fruitvale Avenue, Saratoga CA 95070 or by email to jrinaldi@saratoga.ca.us. Dear Jana, I’m going to be installing a new water heater soon. I heard from a friend that I’ll need a permit before installing the water heater. Can you tell me what I need to do to get a permit? Water Wally Wally, Just contact our Building Division by calling (408) 868-1240 or stop by the Building Counter Monday through Thursday from 7:30 a.m. to 12:00 p.m. The Building and Planning Counters are now closed every Friday. For more information, visit www. saratoga.ca.us/comdev/index.html. Jana Dear Jana, Recently, my neighbor put a portable basketball hoop on the street in front of his house. It seems dangerous to mix basketball and cars, so I wanted to check with you to see if these portable basketball hoops are allowed on the roads. Hoop Dean Dean, Portable basketball hoops are not allowed on the street. These and other obstructions in the street are subject to citation. If the property owner does not remove the obstruction within the ten day period after being cited, then the City will do so at the expense of the property owner. Jana Kevin Moran Park Grand Re-Opening On July 17, 2009 at 4:00 p.m., join friends, neighbors, and the City for the grand re-opening of Kevin Moran Park. Enjoy a summer afternoon in the newly renovated park while exploring the park improvements, which include bocce ball courts, a meditation garden, tennis court, picnic tables, enhanced landscaping, and restrooms. The grand opening will include a ceremonial ribbon cutting, recreation demonstrations, and refreshments. Come dressed in workout attire along with a yoga mat and tennis racquet to participate in the demonstration! The event will be followed with a neighborhood picnic featuring local musicians. For more information visit www. saratoga.ca.us or call (408) 868-1275. Renovations to Kevin Moran Park included a new meditation garden 128 Postal Customer Local PRSRT STD U.S. Postage PAID Saratoga, CA Permit No. 136 ECRWSS The Saratogan 13777 Fruitvale Avenue Saratoga, CA 95070 CIT Y o f S ARATO G A CALIFO R N I A1956 Got ideas for The Saratogan? Send story ideas or comments to Crystal Morrow at cmorrow@saratoga.ca.us or (408) 868-1275. Lighting and Landscaping Assessment Districts Sometimes the grass really is greener on the other side of the fence. In Saratoga, this is probably because “the other side of the fence” is in one of the City’s 24 Landscaping and Lighting Assessment Districts. Residents in these districts have voted for assessments on their properties that pay for City crews to install upgrades and perform maintenance on landscaping, lighting, and other beautification projects. To form a new district, residents should gather community support in their neighborhoods and then visit City Hall to discuss details with the Public Works Department. Exact assessments vary depending on the status of the area and the scope of the project. Saratoga Recreation Camps 2009 Parents, looking for a way to keep your children active this summer? The City of Saratoga Recreation Department is offering over two hundred summer camps, including the week-long Camp Caterpillar for 3 ½ - 5 year olds and Nature Camp for 5-7 year olds. Other camps offered include Mad Science, Jet Cadets, Film Camp, Just 4 Kicks Soccer, Skyhawks Volleyball, Flag Football, and Dance camps. Early and extended care is available. Visit www.saratoga.ca.us/recreation or call (408) 868-1249 to register. Saratoga Medical Reserve Corps The City of Saratoga invites medical and health professionals to be part of the Saratoga Medical Reserve Corps (MRC). Like the Saratoga Community Emergency Response Team, the Saratoga MRC will assist the City in responding to major disasters. Additionally, the MRC will be highly valuable in promoting disease prevention, improving health literacy, eliminating health disparities, and enhancing public health preparedness in Saratoga. Be part of the City’s next big step in enhancing the City’s emergency preparedness capabilities! The MRC will hold its first meeting on August 19, 2009 at 6:30 p.m. at Saratoga City Hall. For more information, contact Jim Yoke at sccfd_esc@yahoo. com, or (408) 887-7818. Saratoga Rediscovery a community garage sale & citywide effort to reuse treasures Registration is now open for the Saratoga Community Garage Sale on for August 8, 2009. The City will provide free advertising, tips for a successful sale, and an online listing of garage sale locations for registered participants. Register online at www.saratoga.ca.us. by July 23, 2009. Assessment district on Quito Avenue 129 SARATOGA CITY COUNCIL MEETING DATE: September 2, 2009 AGENDA ITEM: DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson PREPARED BY: Kimberly Saxton-Heinrichs, Senior Recreation Supervisor DIRECTOR: Claudia Cauthorn SUBJECT: Advertising Policy and Ad Guidelines with Contract RECOMMENDED ACTION: Approve Advertising Policy and Advertising Guidelines with Contract. REPORT SUMMARY: The purpose of this Advertising Policy and new Advertising Guidelines with Contract is to create a formal structure for advertisers in the City of Saratoga’s Recreation Activity Guide. With a more focused policy and established guidelines, it is our hope to increase advertising without overwhelming the content of the Activity Guide. BACKGROUND: The Recreation Department has been selling and providing advertising space to a number of organizations since winter of 2002. Staff completed a survey of over 15 cities (3 allow advertising), weekly newspapers, and local monthly magazines. Advertising fees were determined by this survey of local standards and are in the City of Saratoga’s Fee Schedule. The Recreation Department has created and placed ads for The Hakone Foundation (classes, garden, rental of facilities), SASCC (classes, special events), De Anza Cupertino Aquatics (DACA-swimming classes), TimeOut Services (now Plus One presenting the Community BootCamp program), The Steinway Society, Saratoga Stables, and many more. Upon recent review of the three cities that allow advertising within their Activity Guides, it was noted that guidelines and benefits of advertising have become more exact and may include a contract. The attached Advertising Guidelines with Contract offer a combination of many of the best ideas deemed applicable and reflect our high standards. It is hoped that with a more focused approach to draw advertisers, the Recreation Department will increase revenue through advertising. It is not the intent to overwhelm the Guide with dozens of advertisements; it is offered on a space available basis not to exceed 5% of the total print space. The City Attorney has advised us that the City will have obligations under the First Amendment to potential advertisers but can limit advertising to “Family Friendly” content on an objective basis. 130 The attached Advertising Policy was developed by the City Attorney’s office based on research and guidelines used in other jurisdictions. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Advertising Policy and Advertising Guidelines with Contract will not be adopted. ALTERNATIVE ACTION: Give direction to staff for changes. FOLLOW UP ACTION: Publish policy and guidelines on website and make available to public. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Draft Advertising Policy Attachment B – Advertising Guidelines with Contract P:\SARATOGA\City Documents\Advertising Staff Report (Revised 08-12-09)).DOC 131 City of Saratoga DRAFT-- Recreation Guide Advertising Policy – Attachment A I. Purpose: A. The City of Saratoga (the City) recognizes there are opportunities to realize new revenues to support programs and services through the sale of advertisements in its Recreation Activity Guide (the Guide). The purpose of this policy is to provide guidelines and define uniform standards for the display of advertising in the Guide. This policy is intended to be an objective and enforceable standard for advertising that is consistently applied, and is consistent with the free speech guarantees of the constitutions of the United States and the State of California. B. It is the City’s declared intent and purpose not to allow or cause its’ Guide to become a public forum for the dissemination, debate, and/or discussion of public issues. C. It is the City’s declared intent and purpose to take into account interests which are of importance to the operation of the Guide. These interests include: (1) Maximizing revenues to City operations by selling advertising space; (2) Promoting and maintaining an orderly administration and operation of recreational classes, which includes maximizing revenues by attracting and maintaining the patronage of customers; (4) Protecting minors who read the Guide; (5) Avoiding any potential identification of the City with viewpoints, express or implied, by any advertisement permitted in the Guide; and (6) Maintaining neutrality on political, religious, and other controversial issues. D. The City reserves the right to amend these policies and standards at any time, including the right to declare a complete ban on all advertising and direct that no advertisements of any kind be accepted for display. II. Policy: The City intends that its’ Guide constitutes a nonpublic forum that is subject only to the viewpoint-neutral restrictions set forth below. A. The subject matter of all advertising shall be limited to speech which proposes solely a commercial transaction for goods and services. The advertisements must contain only expressions related to the economic interest of the advertiser and its audience. Non-commercial advertisements that add an offer to purchase some item containing a non-commercial message are not permitted pursuant to this policy. B. The following standards for advertising and advertising copy shall apply to all ads within the City’s Guide. No advertising will be permitted which: 132 (1) Is false, misleading, libelous, or deceptive; (2) Relates to an illegal activity; (3) Contains offensive or obscene material as determined by community standards; (4) Relates to “adult” oriented goods or services; (5) Advertises alcohol or tobacco products; (6) Includes language which is obscene, vulgar or profane; (7) Implies an endorsement by the City of Saratoga for the product or service; (8) Promotes a commercial transaction that is expressly prohibited by federal, state or local law or regulations. C. This policy does not require that the City grant all requests to advertise programs. Selection is solely at the discretion and determination of the City of Saratoga and shall not exceed 5% of the total print space. \\Smw\vol1_data\SARATOGA\MAT1\Draft Rec Guide Ad Policy (06-08-09).doc 133 ADVERTISINGSPACE AVAILABLE Reach over 30,000 Saratoga residents directly in their home! in the Activity Guide Contact Kim Saxton-Heinrichs 408.868.1251 or ksheinrichs@saratoga.ca.us We Create Community Through People, Parks, & Programs! SaratogaCity of Recreation Attachment B 134 Advertise in the Saratoga Recreation Department Activity Guide! The Saratoga Recreation Department prints approx. 15,500 Activity Guides (36-52 pages) three times per year. We mail over 12,700 guides to residents of Saratoga & P.O. Boxes, and about 1,000 to non-residents who are active in our programs. We distribute 1,800 to local businesses, the library, schools, and the Joan Pisani Community Center. We use #40 E-star paper with a 4-color glossy cover wrap. Interior pages are all printed with black ink. The guide is placed on our website as a PDF, www.saratoga.ca.us/recreation in full color. Ad Submission Requirements:Acceptable File Formats: Illustrator CS, EPS, PDF, TIFF, or JPGPlatform: WindowsDrive: CD-R Ad must be copy ready and importable to InDesign CS2. Please provide black and white (or full color) laser copy of ad. Limit fonts to Adobe PostScript Type 1. Include and list all fonts used-both screen font suitcases and printer fonts. Also include fonts that are imbedded into EPS files. Keep font library to a minimum. Include all graphic files. (Tiff, EPS, PDF or JPG are best. Files should be at least 300 kb for best printing.) Photos must be converted to CMYK. How to Send Ad Files: E-mail: send electronic ad files up to 10 megabytes to Kimberly Saxton-Heinrichs at ksheinrichs@saratoga.ca.us or Adam Henig at ahenig@saratoga.ca.us. Include contact name and phone number in your e-mail message. Also, please fax a copy of the ad to 408.868.1279. By Mail: Send CD and a printed copy of the ad to: Saratoga Recreation Department, 19655 Allendale Ave., Saratoga, CA 95070 Atten: Kimberly Saxton-Heinrichs or Adam Henig. Final Proof Sign Off:A proof of the ad with its location in the Recreation Guide will be e-mailed or faxed to the organization for final approval. The ad proof must either be e-mailed back with confirmation to use the advertisement or signed and faxed back the Recreation Department at 408.868.1279. If changes are required, revised electronic artwork must be submitted. The City of Saratoga Recreation Department is not responsible for content errors in submitted artwork or if the ad is submitted, received or revised after the deadline noted on the contract. Ad Cancellation:Should the organization wish to cancel an ad, please call Adam Henig immediately at 408.868.1272 or Kimberly Saxton-Heinrichs at 408.868.1251. Every effort will be made to allow cancellation (prior to going to print). However, deposits are non-refundable and once the contract is signed and after final proofs are signed off, the advertiser is liable for the full payment of the ad. Ad Placement & Advertising Policies: Ad placement within the Recreation Guide is at the discretion of the City of Saratoga & ads will not exceed 5% of the total print space. Every effort is made to place ads within the sections of the guide that are compatible with the products and/or services being advertised. However, ads are accepted on a first come, first served, and space available basis. If there is no room in the Guide, an ad cannot be placed. Please see the City of Saratoga Advertising Policy on our website (www.saratoga.ca.ur/recreation) for more information regarding standards for advertising in the Activity Guide. Please call Kim at 408.868.1251 or contact by e-mail ksheinrichs@saratoga.ca.us if you have any questions. 135 Rates and Dimensions: Ad Size: Dimensions:Ink Color: Rate: Inside 1/8 page Business card size Black $250 Inside ¼ page Vertical 4 ½ x 3 5/8” Black $350 Inside ½ page Horizontal 7 ½ x 4 ½” Black $550 Inside ½ page Vertical 9 ½ x 3 5/8” Black $550 Inside full page 9 ½ x 7 ½” Black $850 Inside back cover 1/3 page, 7 ½ x 3” Glossy, Full Color $550 Inside back cover 2/3 page, 7 ½ x 6 ¼” Glossy, Full Color $1,000 Inside full back cover 9 ½ x 7 ½” Glossy, Full Color $1,300 Timelines (See contract for specific dates):Fall: Ad must be received by early June for publication in early August.Winter: Ad must be received by early October for publication in early December.Spring: Ad must be received by early January for publication in early March.Summer: Ad must be received by late February for publication in late April. 136 Return completed contract to: Phone: 408.868.1249 Fax: 408.868.1279 Email: ksheinrichs@saratoga.ca.us or ahenig@saratoga.ca.us Organization Information: Name: Phone #: Fax #: City:Zip: Billing Information (if different than above): Phone #: Fax #: City:Zip: Choose Ad Size and "X" appropriate rate: Ad Size:Dimensions:Ink Color:Rate:X Inside 1/8 pageBusiness card sizeBlack $250 Inside ¼ pageVertical 4 ½ x 3 5/8”Black $350 Inside ½ pageHorizontal 7 ½ x 4 ½”Black $550 Inside ½ pageVertical 9 ½ x 3 5/8”Black $550 Inside full page9 ½ x 7 ½”Black $850 Inside back cover 1/3 page, 7 ½ x 3” Glossy, Full Color$550 Inside back cover 2/3 page, 7 ½ x 6 ¼”Glossy, Full Color $1,000 Inside full back cover9 ½ x 7 ½” Glossy, Full Color$1,300 Advertising Agreement: Signed:Date: Email Address: Billing Address: A deposit of one half the ad rate is required upon signing this agreement. An invoice for the remaining balance will be sent upon publication and shall be due and payable within 30 days. Ad submittal deadline: All materials must be submitted to Kimberly or Adam no later than 10/1/09 for Winter/Spring 2010, 1/19/10 for Spring/Summer 2010, & 5/28/10 for Fall 2010. By signing this agreement, I confirm my request to place an advertisement in the City of Saratoga Recreation Department Activity Guide. I hereby agree to submit electronic artwork as per the guidelines given by the Recreation Department by the deadline specified above. I understand that my deposit is nonͲrefundable and that if I cancel this agreement once signed, I am obligated to pay the remaining balance due for the ad. Activity Guide Advertising Contract Kimberly SaxtonͲHeinrichs or Adam Henig, Saratoga Recreation Department, 19655 Allendale Ave., Saratoga, CA 95070 Contact Name: Email Address: Contact Address: Billing Name: Contact Name: 137 138 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Jana Rinaldi DIRECTOR: John Livingstone, AICP SUBJECT: Preparation of an ordinance establishing the City’s ability to issue administrative citations for violations of the Saratoga City Code. RECOMMENDED ACTION: Direct staff to prepare an ordinance comparable to the sample attached to this staff report that would establish the City’s ability to issue administrative citations for violations of the Saratoga City Code. BACKGROUND: The City Code establishes rules and regulations for living and doing business within city limits. Currently, the City’s only ability to enforce its ordinances is through voluntary compliance, recordation of a code violation against the title of the property, declaration and abatement of public nuisances through the court system, and imposition of criminal penalties through the court system. The City Council requested that staff investigate the possibility of imposing administrative fines as an additional code enforcement tool. The attached sample ordinance reflects the code provisions used by many jurisdictions in California to establish an administrative citation process. DISCUSSION The proposed administrative citation ordinance would allow City staff to issue administrative citations (including fines) for violations of the Saratoga City Code. Typically, enforcement of violations of City Code results in a “Notice of Violation”, which consists of education, specific remedies and a time frame for compliance. In most cases this type of corrective notice is sufficient; however, there are situations where additional enforcement actions are necessary. These typically involve court proceedings for abatement or imposition of criminal penalties. Prosecution through the Court system takes considerable time, requires significant staff resources as well as City Attorney time, and can be viewed as burdensome by the person(s) subject to the enforcement action. Administrative citations, with associated fines, would provide the City with an additional, less cumbersome tool to deal with minor violations. The addition of administration citation authority would allow the City to impose administrative fines of not more than $100.00 for a first violation, $200.00 for a second violation, and a fine not exceeding $500.00 for each additional violation. These limits are set by state law. Persons receiving an administrative citation would have the opportunity to protest the fine at a hearing 139 before the City’s hearing officer. Costly, court action would be avoided except in instances where an individual or entity refuses to respond to a citation or challenges a citation in court. FISCAL IMPACTS: The imposition of citation authority is expected to reduce costs overall by providing an additional enforcement tool. Some staff time will be required at the beginning of the program to establish citation forms and procedures, but these costs will be offset by revenues from fines imposed over time. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City would continue to use its existing enforcement tools as described above. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: The City Attorney will prepare an ordinance that integrates the attached sample into the Saratoga Code and the matter will be set for a first reading by the City Council. No Planning Commission review is required. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: A. Sample Ordinance 140 Sample Administrative Citations Ordinance Purpose and Intent The City Council has determined that the enforcement of this Code, any code it adopts by reference, and applicable state codes is an important public service and is vital to the protection of the public’s health, safety, and quality of life. The City Council has determined that there is a need for alternative methods of code enforcement and that a comprehensive code enforcement system uses a combination of criminal, civil, and administrative remedies to gain compliance with code regulations. Definitions Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter it’s most reasonable application. a. “Administrative citation” is a notice issued by a Code Compliance Specialist pursuant to this chapter that there has been a violation of the Code and that an administrative fine is imposed. b. “Code Compliance Specialist” is any person designated by the City Manager to ensure compliance with and enforce the City Code. c. “Code Violation” is any violation of this Code, any code it adopts by reference, any other ordinance of the City, or applicable law or legally enforceable standard. d. “Issuance date” is the day an administrative citation is personally served on a responsible person, is mailed to a responsible person, or is posted on real property where a property-related violation occurred. e. “Issue” means to give, mail, or post an administrative citation. f. “Notice of decision” is a notice that informs a responsible person of a decision made by a hearing authority pursuant to the provisions of this chapter. g. “Notice of violation” is any notice that informs a person that a violation of the Code, any code it adopts by referenced, or other applicable law, occurred. h. “Preliminary Reviewing Authority” means any person designated by the City Manager to consider requests for preliminary review of an administrative citation issued pursuant to this Article. i. “Responsible person” is any of the following: 1. An individual or legal entity that, by action or inaction, causes or maintains a code violation or permits or allows a code violation. 2. An individual or legal entity whose agent, employee, or independent contractor, by action or inaction, causes or maintains a code violation or permits or allows a code violation. 3. An owner of, or a lessee or sub-lessee, with current right of possession of real property on which a code violation occurs. 4. An individual or legal entity that uses the property where the violation occurs. 5. An on-site manager of a business normally working at the site when the business is open and responsible for the activities at such business. 141 6. The owners, majority stockholders, controlling owners, corporate officers, trustees, and/or general partners of a legal entity that is a responsible person under subsections 1 through 5 above. 7. If any of the above persons are minors, the parents or guardians of such minors shall be deemed the responsible person. General Enforcement Authority For purposes of this chapter, the City Manager and any Code Compliance Specialist shall have the power to issue notices of violation and field citations, inspect public and private property, and use whatever judicial and administrative remedies are available under this Code. More specific provisions regarding administrative or other enforcement authority and procedures for particular violations may exist in this Code. Authority to inspect Code Compliance Specialist is authorized to enter upon any property or premises within the City to ascertain whether the provisions of the Saratoga Code are being obeyed, and to make any examination and surveys as may be necessary in the performance of their enforcement duties. If an owner, occupant, or agent refuses permission to enter or inspect, the Code Compliance Specialist may seek an administrative inspection warrant pursuant to law. These inspections may include the taking of photographs, samples, or other physical evidence. All inspection, entries, examinations and surveys shall be done in a reasonable manner and in accordance with law. Notice of Pending Administrative Enforcement For the purpose of this chapter, the Code Compliance Specialist may cause to be recorded a notice against a property which is the subject of an administrative enforcement action pending with the City. A notice of pending administration action shall be on a form approved by the City Manager and shall describe the nature of the administrative action and refer to the Code provision governing the pending administrative action. Notice of Violation Whenever a Code Compliance Specialist determines that a violation exists, the Code Compliance Specialist may issue a notice of violation to any responsible persons. The notice of violation must include the following information: a. The Code section(s) violated. b. A description of the condition creating the violation(s). c. The address where the violation(s) occurs. d. The name of the responsible person and any other involved persons. e. The date and, if relevant, time at which the violation was observed. f. If applicable, a list of any corrections to bring the property into compliance. g. A deadline or specific date to correct the violations. h. The signature of the Code Compliance Specialist issuing the notice of violation. i. The date of issuance of the notice of violation. Issuance of Notice of Violation 142 A notice of violation may be issued as follows: a. A Code Compliance Specialist may personally serve the notice of violation on the responsible person, or b. A Code Compliance Specialist may mail the notice of violation to the responsible person by first class mail, or c. A Code Compliance Specialist may post a copy of the notice of violation on the subject property in a conspicuous place for a property-related code violation and, in which case, the Code Compliance Specialist shall also mail a copy of the notice of violation to the responsible person at the address where the violation occurred. Administrative Citations Regardless of whether a responsible person(s) has already received a notice of violation or some comparable notice, and failed to correct the violation within the time prescribed in the notice, a Code Compliance Specialist may issue an administrative citation to each and every responsible party previously notified. The administrative citation gives notice of the administrative fines or penalties imposed pursuant to this chapter. Contents of Administrative Citation An administrative citation shall include the following: a. A description of the condition creating the violations(s). b. The address where the violation(s) exists. c. The name of the responsible person(s) and any other involved persons. d. The date and, if relevant, time at which the violation was observed. e. The amount and due date of the fine or penalty. f. A description of the procedure to pay the fine. g. A description of the procedure for requesting the preliminary review, waiver of fine deposit, and hearing to contest the administrative citation. h. If applicable, a list of any corrections to bring the property into compliance. i. A statement that any unpaid fines or penalties may be placed as a special assessment or lien against the property where a violation occurs. j. Signature of the Code Compliance Specialist issuing the administrative citation. k. The date of issuance. l. Any other information deemed necessary for enforcement or collection of the administrative fines. Administrative Fines and Penalties a. Any violation of a provision of this Code, any code it adopts by reference, or other applicable law, may be subject to an administrative fine or penalty pursuant to this chapter. (This also includes any violation of any condition imposed upon the issuance of any permit, license, conditional use permit, or other approval (e.g. subdivision map, special use permit, variance, zoning clearance) pursuant to this Code. b. Each and every responsible person regarding a code violation(s) is joint and severally liable, in accordance with notice and procedures of this chapter, for all fines or penalties imposed for the violation(s). c. A violation that exists for more than one day shall be considered a separate and distinct violation for each day that it exists. Each daily violation may be subject to the maximum fine or penalty permitted under this chapter. 143 d. An administrative citation may charge a code violation for one or more days on which a violation exists and for violation of one or more code sections. e. The administrative fines and penalties delineated in this chapter are in addition to, and do not preclude imposition of, any other remedies, criminal, civil, or administrative, available to the City. Imposition of administrative fines or penalties shall be at the sole discretion of the City. Issuance of administrative citations An administrative citation may be issued in one or more of the following ways: a. A Code Compliance Specialist may personally serve the citation on the responsible person. The responsible person is required to sign a copy of the administrative citation showing his or her receipt, but his or her failure to do so shall have no effect on the enforcement of the citation, or b. A Code Compliance Specialist may mail the administrative citation to the responsible person by first class mail, or c. A Code Compliance Specialist may post a copy of the administrative citation on the subject property in a conspicuous place for a property-related code violation and, in which case, the Code Compliance Specialist shall also mail a copy of the administrative violation to the responsible person at the address where the violation occurred. Amount of administrative fines a. The administrative fines for violations of this Code shall not exceed $100.00 for a first violation, $200.00 for a second violation, and $500.00 for each additional violation. b. Administrative fines not paid prior to their due date shall result in the imposition of a late fee and interest for every day of delinquency, as set forth by resolution. Payment of fines a. All fines are due on the day specified in the administrative citation. b. Fines shall be paid to the City. Payments shall be made in accordance with procedures established by the Finance Director. c. Payment of a fine pursuant to this chapter shall not excuse or discharge any continued or repeated violation of this code. d. Pending a hearing by the hearing authority, payment of a fine may be stayed if the preliminary reviewing authority determines, pursuant to this Code that a responsible person is unable to pay the fine. Collection of delinquent fines and other remedies a. Failure to pay a fine before the time set forth in the administrative citation shall result in the imposition of interest and late fees, as established by resolution. b. The City may pursue any and all legal and equitable remedies for the collection of fines, including interest and late fees. c. Delinquent fines, interest, and late fees may be recorded as a lien or special assessment against the property on which the code violation occurred. Prior to recording a lien or special assessment, the City shall prepare a cost report itemizing the amount owed by the responsible person. The City shall comply with the State 144 Franchise Tax Board or any other state or county law pertaining to the recording of any delinquent fines, interest, and late fees as a lien on the property, or as a special assessment. d. The administrative citation process described in this chapter does not preclude the City from recovering any code violation abatement cost incurred by the City in performing its code enforcement efforts. Preliminary Review a. A person that received an administrative citation may request a preliminary review. Such request must be made within seven (7) calendar days of the date that the administrative citation is issued, or prior to the due date specified on the administrative citation, which ever is earlier. Failure to request a preliminary review before the deadline constitutes a waiver of any preliminary review. b. A request for a preliminary review shall be made in writing and filed with the City Clerk and shall include all information that the responsible person desires the preliminary reviewing authority to consider in his or her preliminary review of the citation. A request for preliminary review may include a request for waiver of the fine deposit. A responsible person requesting a waiver of fine deposit bears the burden to establish by substantial evidence, including sworn affidavit, that he or she is unable to deposit the fine imposed by the administrative citation. c. The preliminary review shall be conducted by the preliminary reviewing authority. d. The preliminary review shall include a review of the notice of violation, the administrative citation, the written request for a preliminary review, and any evidence the responsible person may submit with the written request. e. The cited person shall be notified of the results of the preliminary review within seven (7) calendar days of filing a written request for preliminary review. The decision on a preliminary review is not a final disposition and therefore is not subject to judicial review. f. A request for preliminary review shall not extend any time period for compliance, the due date of any fine imposed, or the time to request an administrative hearing. g. If the preliminary reviewing authority concludes that no code violation occurred or that the responsible person was not responsible for the code violation, then he or she shall dismiss the notice of violation and/or administrative citation, without prejudice to the issuance of a further notice of violation and/or administrative citation should additional evidence be developed. h. The preliminary reviewing authority shall also rule whether the responsible person qualifies for waiver of the fine deposit, if such a request has been made. Administrative hearing a. A cited person may request an administrative hearing. Such request must be filed within twenty (20) calendar days of the issuance of the first administrative citation. Failure to request a hearing before the deadline, or failure to comply with all the terms for requesting a hearing, constitutes an abandonment of such request and a failure to exhaust administrative remedies. b. A request for an administrative hearing shall be made in writing and filed with the City Clerk and/or his or her designee, and shall include any grounds which the responsible person wishes the City to consider. Unless waived upon preliminary review, the request shall be accompanied by a deposit of the full amount of the fine, 145 imposed by the administrative citation plus any interest and late fees in the event the fine has not yet been paid. c. A cited person may request one continuance of a hearing provided he or she does so in writing before the date of the hearing and states a reasonable basis for the request. Unless the City issues a written notice of continuance, the hearing shall take place on the date, time and location specified in the notice of hearing transmitted to the cited person. A cited person’s failure to attend a hearing shall constitute an abandonment of the request for the hearing and a failure to exhaust administrative remedies. Hearing Process a. The hearing shall be conducted by the hearing authority on the date, time, and location specified in the notice of hearing transmitted to the cited person. b. The notice of violation, the administrative citation, and other reports and other reports prepared by a Code Compliance Specialist concerning a code violation shall be accepted by the hearing authority as prima facie evidence of the facts stated in such documents. c. The hearing authority shall allow the cited person an opportunity to testify at the hearing and to present evidence about any code violation specified in the notice of violation or administrative citation. d. The Code Compliance Specialist or other representatives of the City may, but are not required, to attend the hearing. e. The hearing authority may continue a hearing from time to time and may allow a responsible person additional time to remedy a violation. In addition, the hearing authority may request additional information or evidence from the cited person. f. All hearings shall be recorded on a video or audio device, unless the City elects to use a court reporter. If a court reporter is not used, the City need not provide transcripts of any hearings, but, within fifteen (15) calendar days after payment of reasonable duplication fee, shall make the video and/or audio recordings available to the responsible person. If a court reporter is used, a recipient of the administrative citation may obtain a copy of the transcript upon payment of any applicable fees or costs. g. A hearing need not be conducted in accordance with the technical rules of evidence. Any relevant evidence may be admitted if it is evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might consider such admission improper in a civil action. Irrelevant or unduly repetitious evidence shall be excluded. h. After considering all testimony and evidence submitted at the hearing, the hearing authority shall issue a written decision to affirm, modify or dismiss the administrative citation. The decision shall include the hearing authority’s findings, as well as information regarding the cited person’s right to seek judicial review of the decision and the time in which to do so. The City shall issue the cited person a copy of the hearing authority’s written decision (the “Notice of Decision”). The decision of the hearing authority shall be final. i. If the hearing authority determines that the administrative citation should be affirmed, the any fine on deposit with the City shall be retained by the City. Consideration in other proceedings The City Council, Planning Commission, or other similar body, or City staff may consider the fact that a person has been issued an administrative citation when 146 determining whether to grant, suspend, revoke, or deny any permit, license, or other approval, regarding a matter related to the condition causing the code violation, to that person, and may consider such administrative citation to be evidence that the person has committed acts that threaten the health, safety, and welfare of the general public. Judicial Review A cited person may seek judicial review of the hearing authority’s decision by filing a petition for review with the Superior Court, pursuant to Government Code Section 53069.4 within twenty (20) calendar days after service of a copy of the Notice of Decision. In any such action, the prevailing party shall have the right to recover reasonable attorney fees and cost. 147 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: September 2, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Village Façade Improvement Program Amendments RECOMMENDED ACTION: Accept report and approve the proposed Village Façade Improvement Program amendments. BACKGROUND: The City created the Village Façade Improvement Program in 2004 to revitalize the downtown area and encourage private investment in the Village. The program allows property and business owners to receive up to a 50% reimbursement of the cost of storefront improvements that are visible from Big Basin Way. The maximum award is $5000. Initial funding for the program lasted one year and the program was restored in 2007 when the Council allocated $20,000 to the program. Since 2007, the City has awarded 3 Village Façade Improvement grants: Business Name: Location: Grant: Description: Awarded: International Coffee Exchange (now Big Basin Café) 14471 Big Basin Way $570 New canvas awning January 2008 M.E. Benson’s Antiques, Little Amsterdam 14486 Big Basin Way 20601 – 20605 3rd Street $624 New exterior paint May 2008 Cinnabar Winery Tasting Room 14612 Big Basin Way $3500 New sidewalk seating area, including awning, stamped concrete, and fence Approved, but not yet awarded At the July 1, 2009 meeting, the Village Ad Hoc Committee received Council approval to review the Village Façade Improvement Program guidelines and recommend changes to the program. The Village Ad Hoc met on July 28, 2009 to discuss changes to the Village Façade Improvement Program and agreed to recommend several changes intended to make the application process clearer. Proposed amendments to the program are detailed in Attachment A. Suggested additions to the guidelines are italicized and text proposed for removal has been crossed out. 148 Page 2 of 2 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Village Ad Hoc’s recommended changes to the Village Façade Improvement Program will not be adopted. ALTERNATIVE ACTION(S): The Council could adopt other program amendments. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Proposed Village Façade Improvement Program Description 149 1 City of Saratoga Village Façade Improvement Program Program Description: In 2004, the City of Saratoga began the Village Façade Improvement Program to revitalize the downtown area and encourage private investment in the Village Commercial District along Big Basin Way. Property owners or business owners (with property owner consent) can receive up to a 50% reimbursement of total project costs for façade improvements. The maximum award for an approved façade improvement to a storefront visible from Big Basin Way is $5,000. For example, a program participant would receive $3,000 for a project that totaled $6,000. However, $5,000 is the most a program participant can be reimbursed for a project that costs $10,000 or more. Initially, only $50,000 was allocated to the Village Façade Improvement Program and funding for the program only lasted a year, but during that time over $613,000 was invested in improvements to the Village. After going unfunded for several years, the program was restored in November 2007 when Council allocated $20,000 to the program. Exterior improvements to storefronts in the Village Commercial District that are visible from Big Basin Way are eligible for the program. Projects range from new paint, installation of an awning, to landscaping. To receive grant money, participants must submit an application and project proposal to the City. If the project meets necessary requirements and funding is available, then the project will be approved by the City Council Village Ad Hoc Committee and staff will notify the applicant if any permits or approvals need to be obtained. Façade improvements must be completed within 1 year of project approval and original receipts for all project expenses (labor, materials, etc.) are required for reimbursement. Village Façade Improvement Program funds are distributed on a first-come-first-serve basis. Program Criteria: - Exterior improvements, visible from Big Basin Way, will bring improved area into compliance with City building codes, ordinances, statutes, or requirements, or those of any other entities that may have jurisdiction over the property (i.e. fire safety codes) - Painting, signage, lighting, and exterior repair projects that follow Village Design Guidelines - Addition of shade feature to storefronts, particularly permanent awnings - Landscaping that beautifies Big Basin Way streetscape - Façade Improvements that enhance design elements and architectural features, such as inlaid tile, brick, decorative cornices, enhanced doors or window treatments Examples of Approved Projects: - New exterior paint - Installation or replacement of canvas awning - Improvements to sidewalk seating areas, including landscaping - New signage or improvements to existing signage - Enhancements to doors and windows, including new trim - Installation of exterior planter boxes Proposals for the following are not eligible: - Improvements that are outside of the Village Commercial District or not visible from Big Basin Way - Upgrades to electrical, gas, heating, or telecommunications - Interior improvements, including carpet, tile, and partition walls - Improvements to buildings that are owned by government entities, churches, or religious institutions 150 2 Program Requirements: - Submission of a completed Façade Improvement Application, including estimates, timeline, photographs, and property owner permission, to the City of Saratoga Façade Improvement Program - Applicants other than the property owner (i.e. current business owner) must provide property owner consent - Up to 50% of project costs can be reimbursed through the Village Façade Improvement Program - Grants are not awarded in amounts greater than $5,000 - Project must be completed within 1 year of project approval - After application approval, program participants may still be required to obtain approvals or permits from City of Saratoga - To receive reimbursements after project completion, program participant must submit original receipts for all project expenses (labor, materials, etc.), photos of finished project, and review of project goals listed in application How to Apply: - Submit one (1) original and two (2) copies of the completed application, along with photos of the proposed project location and property owner consent (if necessary) - If grant money is available, the application will be reviewed to determine if the project is eligible for the Village Façade Improvement Program - Once eligibility is established, projects will be considered and approved by the City Council Village Ad Hoc Committee - Upon approval, staff will inform the applicant if permits, site plan, or any other documents are required and a Façade Improvement Program Agreement will be executed between the City of Saratoga, business owner, and property owner—if applicant is separate from the property owner - Project must receive all appropriate and necessary permits or permissions - To receive grant money, the project must be completed within 1 year of project approval as stated in the Program Agreement - Funds are available on a first-come-first serve basis o First priority will be given to proposed projects that bring building into compliance with City codes o Second priority will be given to projects with an emphasis on enhancing the Big Basin streetscape No single parcel with multiple tenants may take up more than 33% of the total available Façade Improvement Funds for any given fiscal year. Individual property owners and/or business owners may apply for the Façade Improvement Program for consecutive years, as long as program requirements are met. For more information, please contact: Crystal Morrow, City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868-1275 Fax: (408) 867-8559 Email: cmorrow@saratoga.ca.us 151 Page 1 of 3 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: _____________ ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: John Cherbone DEPT HEAD: John Cherbone SUBJECT: Landscape Maintenance and Beatification of Areas not served by the City’s Landscaping & Lighting Assessment District - LLA-1 ______________________________________________________________________________ RECOMMENDED ACTION(S): Accept Report and provide direction to staff. REPORT SUMMARY: Background The City of Saratoga has been administering the maintenance of landscape and lighting improvements around certain subdivisions since the early 1970’s. When these subdivisions were created the developer and the City had the foresight of creating Landscaping and Lighting Assessment District (LLAD) Zones in which the maintenance of entry statements and perimeter improvements would be administered by the City. Over the years the number of these LLAD Zones has grown to 24. The newest of these Zones, Horseshoe Drive, Gateway, and Carnelian Glen, were created over the past few years by a majority vote of its property owners. The methodology of creating new LLAD Zones in today’s mostly built out Saratoga is a majority vote of the property owners within a defined area of benefit. For example, the creation LLAD Zone 31 (Horseshoe Drive) was a grass roots desire by leaders of their neighborhood to improve the Highway 9 entrance to their neighborhood. The area of benefit for Zone 31 was fairly straight forward and was defined by the borders of the original subdivision, Tract 247. In addition to administering the ongoing maintenance and repairs, the City helped develop a project budget, prepare construction plans, facilitate the balloting procedure under the provisions of Proposition 218, and construct the improvements. The City has been very successful at administering the 24 LLAD Zones over the years. In contrast landscape improvements created by developers, that for various reasons never became part of the City’s LLAD, have fallen in disrepair. Unfortunately homeowners associations and individual residents whom managed these areas in the past do not do so indefinitely and as time goes on the institutional knowledge of whom and how things were maintained become lost. 152 Page 2 of 3 Discussion Because of the success of the existing LLAD Zones there is a desire to explore the possibilities of adding new Zones to high visibility areas where landscape improvements have fallen in disrepair or are nonexistent. If you do not have a grass roots desire from residents to improve an area, educating residents of the benefits of beautifying their neighborhood and using the City’s LLAD a vehicle to accomplish this is the logical first step in the public process. Educating residents about the benefits of creating a LLAD Zone can be accomplished in a number of ways including written correspondence and/or neighborhood meetings. However, before meeting with the public the City must gather information about an area such as what the needs are, possible costs, and defining probable areas of benefit. Over the past year Public Works staff has prepared a matrix defining the needs and estimated capital costs of many highly visible areas around the City which would benefit from landscape improvements. In addition, a map has been created which depicts 35 identified areas in need of beautification (red line with number that ties back to the matrix) and the proximity of these areas to existing subdivisions, which are identified by their subdivision tract number. In addition, the map shows existing LLAD Zones shaded in color. Although not shown on the attached map, implementation of the Prospect Median Master Plan can also be investigated as part of an LLAD Zone. FISCAL IMPACTS: The costs associated with administering the Landscaping & Lighting Assessment District are recovered via the assessments levied against the properties, which receive special benefit from the services provided through the LLAD. A detailed analysis of the proposed financing is provided in an annual Engineer’s Report. If a proposed assessment is greater than the maximum allowed assessment the property owners within a particular LLAD Zone must approve the new assessment via a majority vote per the rules of Proposition 218. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Any new Zone must be finalized and transmitted to the County Auditor by August 10 for placement on the upcoming tax roll. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. 153 Page 3 of 3 ATTACHMENTS: 1. Landscape Matrix. 2. Map. 154 CURRENT STATUS /10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:Annual Fees Landscape Clean-Up:Maintenance: x12 Planting:Repairs: Power & Water: Notes: IDEAL RENOVATION Clean Up:Annual Fees Power Supply$6,000.00Maintenance: 120 x12$1,440.00 Water Supply:$6,000.00Repairs:$500.00 CalSense Controller:$4,000.00Power & Water:$600.00 CalSense Install:$4,000.00 $2,540.00 Irrigation Install:$15,000.00 Landscape Install: 24" Tree + Install$3,500.00 15g Tree + Install$2,200.00 $40,700.00 Notes: Barren Free mulch from contractors. Does not include pathway construction. 35. Hwy 9 Three oaks to Farwell 155 CURRENT STATUS 3/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,000.00Annual Fees Landscape Clean-Up:$800.00Maintenance: 120x12$1,440.00 Planting:$800.00Repairs:$500.00 $2,600.00 Power & Water:$500.00 $2,440.00 Notes: IDEAL RENOVATION Clean Up:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: Notes: 34. Propect Road - Jamestown (To Via Rincole) Homeowners √ Sporadic shrubs and trees. Thin fenceline strip. Site too small to justify expense. x Linked to homeowner? 1) Contractor would be responsible for hand-watering if homeowner irrigation connection was capped. 156 CURRENT STATUS 2/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$0.00Annual Fees Landscape Clean-Up:$3,000.00Maintenance: 200x12$2,400.00 Planting:$1,800.00Repairs:$500.00 $4,800.00 Power & Water:$0.00 $2,900.00 Notes: IDEAL RENOVATION Clean Up:$3,000.00Annual Fees Power Supply$6,000.00Maintenance: 180 x12$2,160.00 Water Supply:$6,000.00Repairs:$1,200.00 CalSense Controller:$5,000.00Power & Water:$600.00 CalSense Install:$3,500.00 $3,960.00 Irrigation Install:$6,000.00 Landscape Install:$2,000.00 $31,500.00 Notes: The dilapidated fence makes this site an eyesore, but should not be City reponsibility. Very narrow strip with sporadic stressed Junipers. Overgrown Ivy on fence. Siteprobablytoosmalltojustifyidealrenovation.Maintenancelowerbecausecontractor would not have to hand-water. Utility boxes at west end _ 1) Contractor would be responsible for hand-watering. 2.) If left bare (granite fine surface), maintenance would be 75x12=$900. Renovation same as planting. 33. Propect Road - Covina Court to Atrium Not apparent _ 157 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$4,500.00Annual Fees Landscape Clean-Up:$6,000.00Maintenance: 500x12$6,000.00 Planting:$2,000.00Repairs:$1,000.00 $12,500.00 Power & Water:$0.00 $7,000.00 Notes: IDEAL RENOVATION Tree & Landscape Clean:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: Street Trench: Notes: 32. Propect Road - Brookview (Titus to Saratoga Creek) Annual resident clean-up Old risers evident from Woodside to Johnson Established trees and Ivy groundcover Ideal irrigation not necessary to irrigate established plants _ _ About 15 x 15 gallon trees could be planted - contractor watering. Ivy has overgrown onto fences on several properties. Many poorly structured volunteer trees should be removed. City median water meters on west Woodside and east Titus. 158 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$3,000.00Annual Fees Landscape Clean-Up:$2,500.00Maintenance: 300x12$3,600.00 Planting:$1,300.00Repairs:$1,000.00 $6,800.00 Power & Water:$0.00 $4,600.00 Notes: IDEAL RENOVATION Tree & Landscape Clean:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: Street Trench: Notes: Currently overgrown but has several well structured trees Established trees and shrubs Existing trees monopolize space. Open space too small to justify expense. _ _ Poorly structured volunteer trees could be removed and replaced. New trees would require contractor hand-watering. 31. Propect Road - Johnson to Saratoga Creek Contractor annual weed control through City _ 159 CURRENT STATUS 6/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,800.00Annual Fees Landscape Clean-Up:$2,500.00Maintenance: 200x12$2,400.00 Planting:$0.00Repairs:$500.00 Mulch:$0.00Power & Water:$800.00 Quick Coupler Install:$0.00 $3,700.00 $4,300.00 Notes: IDEAL RENOVATION Tree & Landscape Clean:$4,300.00Annual Fees Power Supply$6,000.00Maintenance: 200 x12$2,400.00 Water Supply:$6,000.00Repairs:$500.00 CalSense Controller:$5,000.00Power & Water:$800.00 CalSense Install:$4,000.00 $3,700.00 Irrigation Install:$0.00 Landscape Install:$0.00 Street Trench:$0.00 $25,300.00 Notes: 30. Saratoga Avenue - kosich By homeowners, not often √ Iriigation has been seen working, but no evidence of water meter on controller. Is it hooked up to a homeowner? Fully landscaped but overgrown Unknownsourceofpower/water/controller.Iftheyareindependentofahomeowner, renovation is halved. ? ? 160 CURRENT STATUS 5/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$2,500.00Annual Fees Landscape Clean-Up:$1,200.00Maintenance: 130x12$1,560.00 Planting:$0.00Repairs:$800.00 $3,700.00 Power & Water:$0.00 $2,360.00 Notes: IDEAL RENOVATION Tree & Landscape Clean:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: Street Trench: Notes: Eucalyptus and shrubs on corners. Hardscape cobble to North / bus stop and trees to South Site too small to justify expense _ _ Site is bare and narrow, perhaps best left that way 29. Saratoga Avenue - Wood Dell Court Minimal by homeowners? Discontinued irrigation evident on North side 161 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$2,500.00Annual Fees Landscape Clean-Up:$3,000.00Maintenance: 280x12$3,360.00 Planting:$1,500.00Repairs:$600.00 Mulch:$1,500.00Power & Water:$400.00 Quick Coupler Install:$600.00 $4,360.00 $9,100.00 Notes: IDEAL RENOVATION Tree & Landscape Clean:$5,500.00Annual Fees Power Supply$6,000.00Maintenance: 400 x12$4,800.00 Water Supply:$0.00Repairs:$1,000.00 CalSense Controller:$5,000.00Power & Water:$1,300.00 CalSense Install:$3,500.00 $7,100.00 Irrigation Install:$8,000.00 Landscape Install:$7,000.00 Street Trench:$7,000.00 $42,000.00 Notes: 28. Saratoga Avenue - Palo Oaks Parks contractor annual clean up Has water meter Presume Cox Avenue stretch will be included Bare soil along Saratoga Avenue. Overgrown trees along Cox Avenue. Bareareaslandscapedaswellasmediumsizedtrees.Noirrigationorreplantnecessary along Cox Avenue _ _ Medium size trees could be planted with mulch for minimum. Contractor would hand-water trees from quick couplers 162 CURRENT STATUS 9/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$0.00Annual Fees Landscape Clean-Up:$0.00Maintenance: 180x12$2,160.00 Planting:$0.00Repairs:$1,000.00 Calsense Install:$3,500.00Power & Water:$800.00 $3,500.00 $3,960.00 Notes: IDEAL RENOVATION Tree Work:$0.00Annual Fees Power Supply$0.00Maintenance: 180 x12$2,160.00 Water Supply:$0.00Repairs:$1,000.00 CalSense Controller:$0.00Power & Water:$800.00 CalSense Install:$3,500.00 $3,960.00 Irrigation Install:$0.00 Landscape Install:$0.00 24" Tree & Install$0.00 $3,500.00 Notes: No LLA necessary if they keep this standard Well maintained by HOA √ √ Existing City Calsense median irrigation controller on south corner . $3,500 would be to convert mainline and wires to City Calsense. 27. Saratoga Avenue - Vineyards HOA √ 163 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$800.00Annual Fees Landscape Clean-Up:$0.00Maintenance: 120x12$1,440.00 Planting:$0.00Repairs:$400.00 $800.00 Power & Water:$0.00 $1,840.00 Notes: IDEAL RENOVATION Tree Work:$800.00Annual Fees Power Supply$0.00Maintenance: 180 x12$2,160.00 Water Supply:$0.00Repairs:$800.00 CalSense Controller:$0.00Power & Water:$1,200.00 CalSense Install:$0.00 $4,160.00 Irrigation Install:$6,000.00 Landscape Install:$4,000.00 24" Tree & Install$0.00 $10,800.00 Notes: 26. Saratoga Avenue - Westside between Dagmar and Via Monte Weed control by City Streets Department _ A few trees on narrow roadside strip Irrigation and controller could be extended from existing Dagmar site. _ _ Could be left as is with more frequent weed control 164 CURRENT STATUS 8/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$2,500.00Annual Fees Landscape Clean-Up:$600.00Maintenance: 250x12$3,000.00 Planting:$0.00Repairs:$800.00 $3,100.00 Power & Water:$1,100.00 $4,900.00 Notes: IDEAL RENOVATION Tree & Landscape Clean:$3,000.00Annual Fees Power Supply$0.00Maintenance: 250 x12$3,000.00 Water Supply:$0.00Repairs:$800.00 CalSense Controller:$5,000.00Power & Water:$1,100.00 CalSense Install:$3,600.00 $4,900.00 Irrigation Install:$0.00 Landscape Install:$0.00 24" Tree & Install$0.00 $11,600.00 Notes: Satisfactory maintenance by HOA Established landscape & trees √ √ 25. Saratoga Avenue - Sage Court HOA √ 165 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$6,000.00Annual Fees Landscape Clean-Up:$8,500.00Maintenance: 900x12$10,800.00 Planting:$5,000.00Repairs:$1,000.00 $19,500.00 Power & Water:$1,000.00 $12,800.00 Notes: IDEAL RENOVATION Tree & Landscape Clean:$14,500.00Annual Fees Power Supply$0.00Maintenance: 1000 x12$12,000.00 Water Supply:$0.00Repairs:$1,000.00 CalSense Controller:$5,000.00Power & Water:$1,800.00 CalSense Install:$3,500.00 $14,800.00 Irrigation Install:$15,000.00 Landscape Install:$12,000.00 24" Tree & Install$3,200.00 $53,200.00 Notes: 24. Saratoga Avenue - Shadow Oaks None in most cases Has areas of drip and impact sprinklers Open spaces are heavily weeded. Other spaces have established trees that could be pruned and volunteers removed. Has 4 distinct areas, not all may be included in an LLA situation Presumespowerandwatercurrentlysuppliedindependentofindividualhomeowner.Getting wateracrossthestreetx2maybe$20000-NotincludedorelsemorethanoneCalsense controller required - slightly cheaper? Source unknown Hardie - Not known if battery or electrical Tree planting only. Would be cheaper to install and maintain than plant landscaping. Contractor could manually water new trees. 166 CURRENT STATUS 5/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$2,500.00Annual Fees Landscape Clean-Up:$800.00Maintenance: 150x12$1,800.00 Planting:$500.00Repairs:$800.00 $3,800.00 Power & Water:$800.00 $3,400.00 Notes: IDEAL RENOVATION Tree Work:$2,500.00Annual Fees Power Supply$6,000.00Maintenance: 120 x12$1,440.00 Water Supply:$6,000.00Repairs:$800.00 CalSense Controller:$5,000.00Power & Water:$800.00 CalSense Install:$3,000.00 $3,040.00 Irrigation Install:$0.00 Landscape Install:$500.00 Lanscape Clean up:$800.00 $23,800.00 Notes: Homeowner requested landscape upgrade that they would maintain. City provided plants and irrigation Overgrown weeds Site probably too small to justify expense _ Homeowner controlled Contractor could water by manual valves plumbed to homeowner 23. Saratoga Avenue - Worden Way Supposed to be by homeowner, City weeds as needed Plumbed to homeowner by agreement 167 CURRENT STATUS 5/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$500.00Annual Fees Landscape Clean-Up:Maintenance: 120x12$1,440.00 Planting:Repairs:$500.00 $500.00 Power & Water:$0.00 $1,940.00 Notes: IDEAL RENOVATION Tree Work & Clean Up:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Path Install: Notes: Saratoga Avenue - The Saratogan #14345 Kept weed free Hose bib at top of driveway Site is clean but bare Small strip of old oaks and bulbs Site too small to justify Calsense conversion _ _ Contractor could irrigate bulbs or new plantings with hose bibs 168 CURRENT STATUS 8/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:Annual Fees Landscape Clean-Up:Maintenance: 120x12$1,440.00 Planting:Repairs:$500.00 Power & Water:$800.00 $2,740.00 Notes: IDEAL RENOVATION Tree Work & Clean Up:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Path Install: Notes: Satisfactory maintenance by HOA Established trees and Ivy Site too small to justify Calsense conversion √ √ 21. Saratoga Avenue - Saratoga Inn Place #14347-14359 HOA √ 169 CURRENT STATUS 6/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,500.00Annual Fees Landscape Clean-Up:$1,200.00Maintenance: 120 x12$1,440.00 Planting:$0.00Repairs:$500.00 $2,700.00 Power & Water:$0.00 $1,940.00 Notes: IDEAL RENOVATION Tree Work & Clean Up:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Notes: 20. Saratoga Avenue - Saratoga Creekside #14333 Probably HOA Spray heads on risers Established trees and Oleander Site probably too small for Calsense conversion _ _ Irrigation may not be necessary with established plants. Roadside irrigation probably hooked up to whole complex. 170 CURRENT STATUS 3/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$7,000.00Annual Fees Landscape Clean-Up:$3,000.00Maintenance: 400 x12$4,800.00 Planting:$4,000.00Repairs:$500.00 $14,000.00 Power & Water:$300.00 $5,600.00 Notes: IDEAL RENOVATION Tree Work & Clean Up:$10,000.00Annual Fees Power Supply$6,000.00Maintenance: 800x12$9,600.00 Water Supply:$6,000.00Repairs:$1,000.00 CalSense Controller:$6,000.00Power & Water:$2,300.00 CalSense Install:$4,000.00 $12,900.00 Irrigation Install:$30,000.00 Landscape Install:$25,000.00 24" Tree & Install:$2,560.00 Path Install:$0.00 $89,560.00 Notes: Fenceline overgrown with many good tree options and shrubs. Open spaces heavily weeded. Could be taped from existing City traffic signal pull box _ Site could be planted with 20 trees (no shrubs) and mulched. Tree hand-watered by contractor. 19. Saratoga-Sunnyvale Rd : Walnut / Victor Place Annual clean-up through City Streets Department Contractor Assorted water / phone pull boxes - May be abandoned and able to use 171 CURRENT STATUS 3/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$0.00Annual Fees Landscape Clean-Up:$0.00Maintenance: 300 x12$3,600.00 Planting:$5,000.00Repairs:$800.00 $5,000.00 Power & Water:$300.00 $4,700.00 Notes: IDEAL RENOVATION Tree Work & Clean Up:$4,000.00Annual Fees Power Supply$1,000.00Maintenance: 800x12$9,600.00 Water Supply:$0.00Repairs:$1,000.00 CalSense Controller:$6,000.00Power & Water:$3,100.00 CalSense Install:$3,500.00 $13,700.00 Irrigation Install:$50,000.00 Landscape Install:$50,000.00 24" Tree & Install:$3,200.00 Path Install:$50,000.00 $167,700.00 Notes: 18. Saratoga-Sunnyvale Rd : North of Reid Lane Annual clean-up through City Parks Department Contractor Old spray risers, possibly tapped into City median meter on site Has potential to be a highly visible landscaped improvement Wide empty strip Could be taped from existing City median controller _ Site could be planted with 25 trees (no shrubs) and mulched. Tree hand-watered by contractor. 172 CURRENT STATUS 6/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$2,500.00Annual Fees Landscape Clean-Up:$300.00Maintenance: 100 x12$1,200.00 Planting:$0.00Repairs:$400.00 $2,800.00 Power & Water:$0.00 $1,600.00 Notes: IDEAL RENOVATION Tree Work:Annual Fees Power SupplyMaintenance: 200x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Clean-Up: plus Min. Renovation Notes: Narrow strip along fenceline - No room for planting. Has 5 olive trees _ No room for expansion _ _ 17. Saratoga-Sunnyvale Rd : Chalet lane (South of Franklin) City Streets Department annual weed control _ 173 CURRENT STATUS 7/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,200.00Annual Fees Landscape Clean-Up:$600.00Maintenance: 180 x12$2,160.00 Planting:$200.00Repairs:$600.00 $2,000.00 Power & Water:$700.00 $3,460.00 Notes: IDEAL RENOVATION Tree Work:Annual Fees Power Supply$6,000.00Maintenance: 200x12$2,400.00 Water Supply:$0.00Repairs:$600.00 CalSense Controller:$5,000.00Power & Water:$800.00 CalSense Install:$4,000.00 $3,800.00 Irrigation Install:$0.00 Landscape Clean-Up:$0.00 plus Min. Renovation$2,000.00 $17,000.00 Notes: 16. Saratoga-Sunnyvale Rd : Franklin Avenue No HOA - City parks Department contractor clean-up twice yearly √ 3 years old. Looks good when maintained. X Battery operated controller 174 CURRENT STATUS 5/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,000.00Annual Fees Landscape Clean-Up:$1,500.00Maintenance: 180 x12$2,160.00 Planting:$0.00Repairs:$500.00 $2,500.00 Power & Water:$0.00 $2,660.00 Notes: IDEAL RENOVATION Tree Work:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Clean-Up: 2"x12" Retaining Wall 400': Notes: Established trees and shrubs, require no irrigation Narrow Strips along fenceline. Corners overgrown trees and shrubs Site too small to justify major renovation / irrigation _ _ Saratoga-Sunnyvale Rd : Thelma - Westside Streets Department recently pruned large eucalyptus ROW _ 175 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,000.00Annual Fees Landscape Clean-Up:$3,000.00Maintenance: 300 x12$3,600.00 Planting:$0.00Repairs:$500.00 $4,000.00 Power & Water:$0.00 $4,100.00 Notes: IDEAL RENOVATION Tree Work:$1,000.00Annual Fees Power Supply$0.00Maintenance: 300x12$3,600.00 Water Supply:$0.00Repairs:$500.00 CalSense Controller:$0.00Power & Water:$0.00 CalSense Install:$0.00 $4,100.00 Irrigation Install:$0.00 Landscape Clean-Up:$3,000.00 2"x12" Retaining Wall 400':$3,500.00 $7,500.00 Notes: 14. Saratoga-Sunnyvale Rd : Melvich to Thelma - Eastside Annual clean up by City Streets Department to raise tree canopy _ No irrigation necessary Bank overgrown to the North. Narrow fence strip weed free to the south Aretainingwallatthefootofthebankwouldeliminateerosioncoveringfootpath.Asimilarwall has been built across the street. _ _ 176 CURRENT STATUS 5/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$0.00Annual Fees Landscape Clean-Up:$3,500.00Maintenance: 400 x12$4,800.00 Planting:$0.00Repairs:$1,000.00 $3,500.00 Power & Water:$0.00 $5,800.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Notes: Ivy encroaches growing on fences. Weeds on roadside bank Noroomforfurtherplantingorirrigation.Iftheareasbetweenthepathfenceandneighbor fence were to be adopted and landscaped, the cost would exceed Gateway landscape figures. _ _ There are 25' wide sections between path chainlink and neighbor wood fences. Who owns this land? 13. Saratoga-Sunnyvale Rd : Leonard to Paramount Walkway Street maintenance contractor $215 / month (done twice yearly) _ 177 CURRENT STATUS 8/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$0.00Annual Fees Landscape Clean-Up:$0.00Maintenance: 400 x12$4,800.00 Planting:$2,000.00Repairs:$1,000.00 $2,000.00 Power & Water:$1,300.00 $7,100.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:$0.00Annual Fees Power Supply$6,000.00Maintenance: 400x12$4,800.00 Water Supply:$0.00Repairs:$1,000.00 CalSense Controller:$6,000.00Power & Water:$1,300.00 CalSense Install:$4,000.00 $7,100.00 Irrigation Install:$0.00 Landscape Install:$2,000.00 24" Tree & Install:$0.00 $18,000.00 Notes: 12. Saratoga-Sunnyvale Rd : Rodeo Creek Hollow HOA √ Landscaping extends into Rodeo Creek Hollow along north fenceline Well maintained roadside landscape ? √ Not known if battery or electrical 178 CURRENT STATUS 6/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$8,000.00Annual Fees Landscape Clean-Up:$2,000.00Maintenance: 250 x12$3,000.00 Planting:$1,000.00Repairs:$1,000.00 $11,000.00 Power & Water:$0.00 $4,000.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:$10,000.00Annual Fees Power Supply$6,000.00Maintenance: 300x12$3,600.00 Water Supply:$6,000.00Repairs:$1,500.00 CalSense Controller:$6,000.00Power & Water:$1,600.00 CalSense Install:$4,000.00 $6,700.00 Irrigation Install:$8,000.00 Landscape Install:$6,000.00 24" Tree & Install:$1,000.00 $47,000.00 Notes: Presentable site if kept weed free Clean - recently had annual clean-up. Path winds through trees Abundanceofpineneedlesmayhindernewlandscapegrowth.Sitebestleftastreegrove- no irrigation necessary. _ _ A few trees planted would fill any gaps. This would be the best option. 11. Saratoga-Sunnyvale Rd : Brandywine (Opposite Safeway) Annual cleanup by City Streets Department Contractor Evidence of old irrigation risers and soak hoses 179 CURRENT STATUS 5/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,500.00Annual Fees Landscape Clean-Up:$0.00Maintenance: 220 x12$2,640.00 Planting:$0.00Repairs:$1,000.00 $1,500.00 Power & Water:$0.00 $3,640.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Notes: 10. Saratoga-Sunnyvale Rd : Spring Blossom Court West Side (South to Pierce Road) Annual cleanup by City Streets Department - recent tree trimming _ No irrigation or replant necessary Established trees along roadside bank Not necessary _ _ This area could be added to Spring Blossom area North to Carniel if all properties within Carniel loop were included 180 CURRENT STATUS 6/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,200.00Annual Fees Landscape Clean-Up:$2,500.00Maintenance: 400 x12$4,800.00 Planting:$2,000.00Repairs:$1,000.00 $5,700.00 Power & Water:$1,200.00 $7,000.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:$3,700.00Annual Fees Power Supply$6,000.00Maintenance: 400x12$4,800.00 Water Supply:Repairs:$1,000.00 CalSense Controller:$6,000.00Power & Water:$1,200.00 CalSense Install:$4,000.00 $7,000.00 Irrigation Install: Landscape Install:$2,000.00 24" Tree & Install: $21,700.00 Notes: The two areas are distinctly different - probably separate HOA A) area south of Carniel is overgrown. B) area north of Spring Blossom has neglected landscape $ would be less if one of areas A) or B) were not LLA eligible Presumesexteriorlandscapinghasexistingdedicatedwatermeterandnottappedintoprivate residence. Unknown Unknown 9. Saratoga-Sunnyvale Rd : Spring Blossom Court West Side (North to Carniel) Bare minimum by HOA Irrigation lines evident 181 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$1,200.00Annual Fees Landscape Clean-Up:$3,000.00Maintenance: 180 x12$2,160.00 Planting:$0.00Repairs:$500.00 $4,200.00 Power & Water:$0.00 $2,660.00 Notes: IDEAL RENOVATION Tree & Landscape Work:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Notes: 8. Cox Avenue :Saratoga Woods at Rodeo Creek HOA - None _ Overgrown ivy, shrubs and trees Site would become acceptable with thinning out shrub/tree volunteers Plants established / site too small to justify major renovation _ _ 182 CURRENT STATUS 9/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:Annual Fees Landscape Clean-Up:Maintenance: x12 Planting:Repairs: Power & Water: Notes: IDEAL RENOVATION Tree & Landscape Work:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Notes: Well kept lawn and landscape _ _ 7. Cox Avenue :Saratoga Woods (at Rodeo Creek) HOA _ 183 CURRENT STATUS 4/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$4,000.00Annual Fees Landscape Clean-Up:$4,000.00Maintenance: 200x12$2,400.00 Planting:$150.00Repairs:$500.00 $8,150.00 Power & Water:$0.00 $2,900.00 Notes: IDEAL RENOVATION Tree & Landscape Work:Annual Fees Power SupplyMaintenance: x12 Water Supply:Repairs: CalSense Controller:Power & Water: CalSense Install: Irrigation Install: Landscape Install: 24" Tree & Install: Notes: 6. Cox Avenue :Woodmont to Ione _ _ Fenceline has patchy established trees and shrubs Contractor to handwater new plants until established Site too small to justify major renovation _ _ 184 CURRENT STATUS 7/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$3,000.00Annual Fees Landscape Clean-Up:$1,200.00Maintenance: 200x12$2,400.00 Planting:$800.00Repairs:$700.00 $5,000.00 Power & Water:$0.00 $3,100.00 Notes: IDEAL RENOVATION Tree & Landscape Work:$5,000.00Annual Fees Power Supply$6,000.00Maintenance: 300x12$3,600.00 Water Supply:$6,000.00Repairs:$1,200.00 CalSense Controller:$6,000.00Power & Water:$700.00 CalSense Install:$4,000.00 $5,500.00 Irrigation Install:$4,500.00 Landscape Install:$5,000.00 24" Tree & Install:$0.00 $36,500.00 Notes: Landscaping strip adjacent to Street is tidy but dated and patchy. Magnolia trees well trimmed, eucs need work Vines on wall and shrubs and trees well trimmed Junipers could be added but would need contractor watering Shrubs would be demolished and replaced. Site probably too small to justify major renovation _ _ 5. Cox Avenue :Cumberland to Glen Arbor Ct (Cumberland to Glen Arbor Court) Homeowners _ 185 CURRENT STATUS 6/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$10,000.00Annual Fees Landscape Clean-Up:$5,000.00Maintenance: 1200x12$14,400.00 Planting:$3,500.00Repairs:$1,000.00 $18,500.00 Power & Water:$1,800.00 $17,200.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:$0.00Annual Fees Power Supply$6,000.00Maintenance: 1700x12$20,400.00 Water Supply:$0.00Repairs:$1,600.00 CalSense Controller:$6,000.00Power & Water:$2,200.00 CalSense Install:$4,000.00 $24,200.00 Irrigation Install:$10,000.00 Landscape Install:$10,000.00 24" Tree & Install:$3,500.00 $39,500.00 Notes:IdealrenovationkeepsroadsideIvyintact-Itaddsirrigationandplantingtotheinsideareaof the pathway. To Demolish Ivy and re-plumb irrigation and re-landscape + 90K extra Roadside - Ivy groundcover with good volunteer growth & established trees. Fenceline - established trees and patchy landscape 4. Fruitvale Avenue :Montauk to Novakovich Orchard (Montauk to Novakovich Orchard) HOA √ Not evident Not evident _ 186 CURRENT STATUS 7/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$2,500.00Annual Fees Landscape Clean-Up:$4,000.00Maintenance: 480x12$5,760.00 Planting:$0.00Repairs:$1,200.00 $6,500.00 Power & Water:$1,600.00 $8,560.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:$6,500.00Annual Fees Power Supply$6,000.00Maintenance: 700x12$8,400.00 Water Supply:$0.00Repairs:$1,500.00 CalSense Controller:$6,000.00Power & Water:$2,000.00 CalSense Install:$4,000.00 $11,900.00 Irrigation Install:$10,000.00 Landscape Install:$10,000.00 24" Tree & Install:$5,000.00 $47,500.00 Notes: 2 backflows? one on Douglas and one on Kenosha Not evident Not evident _ 3. Fruitvale Avenue : Novakovich Orchard to Douglas Lane (Novakovich Orchard to Douglas Lane) HOA Established trees, weed free, room for replant 187 CURRENT STATUS 5/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$3,000.00Annual Fees Landscape Clean-Up:$2,000.00Maintenance: 350x12$4,200.00 Planting:$0.00Repairs:$600.00 $5,000.00 Power & Water:$0.00 $4,800.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:$5,000.00Annual Fees Power Supply$6,000.00Maintenance: 600x12$7,200.00 Water Supply:$6,000.00Repairs:$1,000.00 CalSense Controller:$6,000.00Power & Water:$1,600.00 CalSense Install:$4,000.00 $9,800.00 Irrigation Install:$12,000.00 Landscape Install:$12,000.00 24" Tree & Install:$600.00 $51,600.00 Notes: 2. Fruitvale Avenue : Burgundy Way (Culvert North of Crisp to Burgundy) _ Has landscaping, but overgrown Drip line and risers outside corner fence - Homeowner?? x x _ 188 CURRENT STATUS 6/10 Appearance: Maintenance: Irrigation: Power: Controller: Notes: MINIMUM RENOVATION Tree Work:$5,000.00Annual Fees Landscape Clean-Up:$6,000.00Maintenance: 400x12$4,800.00 Planting:$0.00Repairs:$500.00 $11,000.00 Power & Water:$0.00 $5,300.00 Notes: IDEAL RENOVATION Tree Work & Clean-Up:$11,000.00Annual Fees Power Supply$6,000.00Maintenance: 900x12$10,800.00 Water Supply:$6,000.00Repairs:$1,200.00 CalSense Controller:$6,000.00Power & Water:$2,200.00 CalSense Install:$4,000.00 $14,200.00 Irrigation Install:$20,000.00 Landscape Install:$30,000.00 24" Tree & Install:$4,000.00 $87,000.00 Notes: 1. Fruitvale Avenue : Crisp Avenue (Culvert North of Crisp to Opposite Three Oaks Way) _ Roadside bare, but weed free. Fenceline has many good trees but also volunteer growth Risers near Crisp, probably linked to homeowner x x _ 189 DR. E U C AL Y P T U S DR.DEL BOHLMANROAD GLEN REDHILL RD.ORBI T AP OLL OON HEIGHTSCT.SANBORN CANON UNA HI DDEN PL.D R.AVE.THORP RD. ROB L E S DR.RE DB E RRY AVE.TOYON HILL DR.SEEBREE LN. DR.RD.RD.DAVES PL. LEXINGTONLN.AVE.REDBERRY ROADRAVINECT.RD.FARRAGUT L EXI NGT ON WAY RD.D R. CANON BLYTHSWOOD DR.GRANDVIEW RD. DR. LN. HI D D E N LANCASTER ACRES DECATUR LOMAS CONSTITUTION DR. R D. SERRAMONTE VIE W OAK ROUTE 85 CT. D R. KANE VERONICA D R. LANARK BRAEMAR M O R A N LANE AVE. FARWELL GATOS PARK ROBIN LARK D R. PROSPECT VIEWRIDGE WELLI NGTON BUCKHAVEN DAPHNE DR. DAPHNE A V E. CT. GLEN MERRI BROOK OAKS DR. CT. CT. MEADOW BLUE S P RI N G MC CARTYSVI LLE CT. DR. CT. FREDRICKSBURG CT. CHEVERLY CIR. SHERIDAN CT. WY. CT.PEACH BLOSSOM DR.B RI D G E DR. UPLAND WY.CALABAZASSPRINGSEVENCT. CT.SPRINGORCHARDDR.CEDAR CT. SPRI NG TI MBER SPRI NG LN.CT.WI LDFLOWER BRI CH C T. SPRI NG DOROTHY P A R K CT.NORMANDY WAYVINEYARD LONGFELLOW SPRINGSSPRING ANNE WILDFLOWERWAYSEVEN SPRINGS LONGFELLOW CT.BUCKTHORNE SEVEN KI NTYRE CHANTEL CT.DR.BLANEY PKWY. WAY OAK BRETMOOR CT.SPRING CT. CT. CT. OLI VE PALM SPRI NG SPRI NG CREEKSPRI NG S O U T H S H O R E ROSEGARDEN LN. WALNUT NEWCASTLE DR.PLUMBLOSSOM DR.W E ST S H O R E WINDSOR WAY C T.RIDGE CREEK DR. E D DI N G T O N SHARON MANOR CT. SHARON DR. CT. CT.WATERFORD DR.CT. DARTMOORTRI UMPH CT. SI E R R A S P RI N G RD. A S T E R BROOK PI NE BROOK CT. CT.PINE DR. T RI NIT Y S P RI N G PL.AVE.PRI MROSE DEVON WAYDUCKET WY.LEEDS C T.FREE WAY C T.W O O D HIL L C T. D R. DR.POPPY JAMES TOWN L N. SI ERRA SPRI NG DONGAL PLACER SPRI NG CT. L N. SHASTA SPRI G CT. LOCH LOMOND LN. SO.BROOKVALE BRISBANE CT.STAUFFER MC GREGOR WAY BARNHART RUTHERFORD DR.REGNART R E G N A R T ARDENWOOD LN.ROADGALWAY DR. SARATOGA VI LLA PL. PROSPECT CT. CT. MERIDA DR.PAMPASRONCOLE CT.CT.SARAGLEN CT. LN.WAY CAROL DR. MAUREENMARIA DR.BEAUCHAMPS B U R NETT COVI NA R D.DR. NATOMA BLUE RD. PLUMAS CT.OAK MARILLA RD.ATRIUM MEADOW RITANNAHILLS DR.RD. RANCH L N.C T. DR. LN.KIRKMONTDR.PARKER VIA L N.RANCH GRANADA CT. CT.MARI LLA RD.ATRIUMCIRCLEBOWHILL D R. D R. MARILLACREEK CT.DR. ROAD ARROWHEAD KI RKBROOK OAK LN.JULI EKING CT.F A R R A RR OY O PROSPECT LN.KI RKDALE CT.CT. KENYON DR.MI LL KNOLLWOODARROYONORADACT.LN. R O L L I N G L N.VI STA ARROYO GULLSEA SARATOGA-SUNNYVALE ZORKA CT.LOWENA CT.AVE. DE HILLSLNAVE. CRAYSI DE AVE.WAY GOLETAST.JOANCT. ARGUELLO CT. MANOR DR. RD L E U T A R TED GREENMEADOW BEAUCHAMPS LANE CHERRY SANKA CT.GULLKREISLERDR.SUMNER DE SEA LN.PROSPECT CHERRY HILLMOOR DR. L N. RD.AVE.WAYRD. HEIGHTS CLARIDGERD. C T. SUMNER WY. GUAVA CT. PROSPECT FARRRANCHSCENIC CT.ARGUELLO CT.LIDOVERDEFREDRICKSBURG MOOR KARNDR. CT.CONTINENTAL CT. INDIO RANCH PL.DR.CT. CT.CIRCLE DE BLOSSOMCARNIEL KINMAN CT. DR.ORELLA ARROYO WARDELL WARDELLPARKER RD.WILLIAMSBURG LN. CT. SARATOGA COXDR. ARBOR CT. STAR CT. W O O D S WAY CT. CI R CL E YOLO LN. WOLCOT LI KA WAY I ONE LN. GLEN JEPSEN ASHLEY GARNETCARNIEL CT. CT.ASHL EY DR. CT. CT. REGAN IDLEWOOD OAKS PIERCEARGUELLO CORTE DE ROADARGUELLODIAMOND CT. R OA D RIDGE LN. CT.CHATEAUDR.DR.WOODMONT DE CIRCLECOMERCT.PI ERCE CT. CHIQUITA CRAIGEN FOOTHILL D R. ROAD LN. CT.ARROYO BLAUER DR. DR.DR. C O MER BRANDYWI NE WINTERAPOLLO LN.MT.HOUST ONCT.DR.WAYDR. E DE N ARGONAUTPARAMOUNT CHATEAU DR. REGAN CT.TRICIAWY.HICKORYHILL DR.WAYFUTURE MTN. CHARTERS CHADWICK LN.PLACE CUNNINGHAM LJEPAVACT. SHADOW ANGUSEDENCREST STEWART CT. PARAMOUNT DR.DR. RD.KILBRIDECT.CT.DR.ROAD RI CEROAD CHIQUITA GLASGOW CT. MILJEVICH KILBRIDE PADERO DR. WAY AVE.MT.GL ASGOW RD.LEONARD S U R R E Y EDINBURG DR.ORCHARD TRAILDR. MEADOW CT.DR. LN. GLE NBRAE GLEN BRAE DR.C T.CT.VILLA OAKS ROA D CLOTHILDE MANOA DEBBLE CT. CT.DR. CT.SUNNYVALE ARGONNE C H A L E T BONNIE AVE. KAHALA O L D O A K BRI AR SARAVIEW CT. LN. ALDER MA N D A RI N CT . AVE. RUSSEL LN.DR.L N. DR.HAMMONS RUSSELL THELMA AVE.QUARRYVAQUERO WY. WA Y VI A LN.EDEN SARAVI EWRD.WAY CT. SARAHILLS FRANKLIN AVE.DR. DR.AVE.REGINA SARAHI LLS WAY CT.CT.PL. JIMS SARATOGAVISTALN.PI E R C E T RE E ANN CT.CAMI NO CT. KODI AK TONI OLDCHALET VERDE VISTA LN.TACUBA VI STA MERRICKDR. CT. RI CO AVE. VERDE LN. HOWEN BOYCE EL CA L L E WOODWARD LEXI NGTON CT. DR. PRUNE BLOSSOM VISTA SARATOGA BEAUMONT TAMWORTH RD.AVE.HERRIMANREGINA AVE.SEATON RI VER LANNOYAVE. UPPER AVE. CT.RANCH HI L L DAMON SARATOGA DEERPARKRD.TRI NI TY CT. CI R C L E SARATOGA HERRIMANCT. DR.MALCOM PI KE AVE.DR. CT. LANE AVE. SARATOGA AL BAR L Y ND EHILLS C T . JERRIESRD.HILL G E R N E I L MT. EDENCT.TRINITY AVE.CT. R D. O A KRD.AVE. DR. LYNDE L N.JUNETRI NI TY CT. PI KE AVE.WAY DORENE AVE. WILLIAMSL ACEY RI OAVE.ST.PONTI AC ROAD S H A D O W L OMAWAYHEBERTEERLINK VI STA HOLLOWCOURT REI D DR.AL TAWAYWALNUTAVE.LN. SEAGRAVES LN.ELVI RA SQUIRREL WY.PALOMINOWAY PL.RD.VI CTOR VI EW WOODVI EW DR.WORDEN J U NI P E R LANE WY.CANYON MARI ON DORSEY MI CHAE L S WAY LOVELAND CT.DR.WAY L N.ARBELECHE B U R N S SULLIVAN LN. AVE.VI EW AVE. CT.DURHAMBARKSDALE TOLL S A R A T O G A PIERCE G L E N M O N T CT.LN.CANYON VI EW BROOKWOOD WAYAVE.SARATOGA GATE WAY LA PALOMADR.ORCHARDR D. HEIGHTS DOUGLASS CANYON DR.D R. LUTHERIAAVENUEPAUL CT.ELVA SPRINGER 4TH ROADDEER CANYONVIEWSPRINGS P A R K WILDWOOD AVE. DR.WAYAVE.CT.SARATOGA PL.ST.ESTERLEE OAK PL.WAY SPRINGER FIELDSTONE 3RD DR. ST. HEIGHTS CT.4THSPRINGERFI EL DST ONE CT.ST.ROAD PLACIDA AVE. CT. GLEN WY.DEEPWELL ST.ROAD STONERI DGE CT.VINTAGE MILL BASIN SPRI NGER DR. CREEK LN.HORSESHOE 5TH WESTCOTT DR.LU MBERT O WN RD. BERRY FORESTST.ROCKY BI G 6 T H AMBRIC LN. WILD HILLS CT. AVE.DR.ST.DR.CARNELIAN KOMINA HORSESHOE ST. KNOLLS LN.RD. SYCAMORE ST. CHARLES G R O V E SPRI NGER LOMITA AV.HAYMEADOW ST. PAMELA AVE. WAY AVE.OAK R D.B E L L A TOLL BANKHALL ALOHA VICKERY RD.CONGRESS GATELN.LN. SARATOGA PL. RD.AVE.VICKERY VI STAJACKSBUTANOCODYPIERCE TERR.9 ROAD CONGRESS AVE.CONGRESS SPRINGS RANCHO BELLA C A L L E SPRINGS RD. MONTALVO MENDEL SOHN VI STA 9 LN.A U D R E Y S MI T H L N. BONNIEBRAE WAY VI N E RD. V I C K E R Y S T. MONTALVO OAKSLN.LN.AVE.HILL BONNEBOHLMAN BRAE N OR T O N WINN RD. LN. AVE.MONTALVO MONTALVO HEIGHTS RD.DR. RD. HUME RD.WILDCAT QUAILRUNCT.HI L LDR.PI E DMONT SIGAL L N.MONTALVODR. RD.MADRONERD. R D.ARCHI BALD RD.BELNAP KI TTRI DGE BOHLMAN DR. HI LL SUNSET S A NB ORN DR. PEACH PUENTE BLYTHECT. MALLORY CT. CT. RI DGE HERITAGE LOS PARK S. WY.ACRES BOUNTIFULWAY DR. WAY DR. DR.DR. CT. RHONDADIAL WY.DIALMI LLER SLI DA DR.CASTLEDR.DR. MANORWAY KNOLL WALBRO OK DR.COUNTRYPARK WAY DR.VICANNA DR.OAK EILEENOAKROYALGLENMOOR ANN DR.ALDERBROOK DR.WAY WAY GRAYWOOD DR.WAY WAYWISTERIA KAVENY OLYMPUS CT. LN.WAY DR.LASSENCT. BING SUZANNE BRENTON AVE. AUGUSTAAVE. DR.WAY WAY STEPHEN WAYHECKMAN GROVE JANARY WAY B R O O K H U R S T DR.MC KELLAR WAYDRIVEJOY CT.DR.DR.DR.DR. DR.AVE.LN.DR.PETAL WAY DR. STURGEON WELLFLEETLARKI N WAY BROOKHAVENWAYPLYMOUTHELKA PINE DR.SHADYBROOKAV. BONNI E AVE.JOHNSON DR. CT. DR.DR. FERGUSON CT.BIBEL WAL BROOK DR. AVE.GREENE C O NSTA NS O SQUIREDELLDR.DR. CLARKSPUR BROOKNOLL L O S OLI V O S SOUTHWOOD ELMAR TERESITA CT.MAYFLOWERCT.OSO FIELDS ENGLISH IVY TARTARIAN DANROMAS CRESPI PROVINCETOWN CAMEO LN.GRAVESLN. DEERFI ELD ELAVE.TRACELDR.BROOKPILGRIM PARKWESTAVE.SUNNYBROOK ATHERTONNORFOLK BROOKRIDGE CT.PETERSON DR.LN.CT.MAYMEROADBROOKGLEN AVE.PROSPECT LYLE CT.COLBY ERICDR.ERIC DR.MAURICE CT. LN. ARDMORE F E R N B R O O K LN. C T. DR. CT.LN. ASCENSION DR.MI LLER RD.INGRID AVE. DR.WAYDR.AVE. DR. DR. KRI STY OAKHAVEN ARDENCT.ASHTON CT.SAGEMONTT E R R E N C E CT.MELI NDA CAMPBELLLYNBROOK AVE.C T. CT.DR.SQUIRE H A MI L T O N CANDY LADERA AV.MELLOWOOD CABERNET S A N MILLER COUNTRYCIRCLECT.DR.SCULLY GREENBROOK PALO CT.SOMERVILLE CT.SOMERVILLE AVE. CT.DR.SARATOGACT.AVE. CT. CANDY DRIVEMABEL LOLLYBROOKVIEW WALDEN ELISA AVE.DR. DR. DR.KOSICH DR.AVE. AVE. CT. FALMOUTHMILLERCT.DR. KOSICH NORTHAMPTON FALLBROOK ROAD CT.DR.CT. OBRAD TITUS CT. CT. DOVER NEWPORT DR.NORTHHAMPTON DR. WESTVIEW WAYDR.AVE. WOODSIDE DR.PALMTAG ELMWOODQUI TO SARATOGA CREEK RADOYKA WAYLOLLY NORTHLAWN WAYBROOKGLEN DR.WY.MAYFIELD CYRIL AV.MILLER LARCHMONT SCULLY DR.CT.TI BERAN AVENUE COLUSA DORCHESTER DR. DR.WY.DR. WESTVIEW CAMPBELL AVENUE WY.AVE.NORTHLAWNCURRY AVE. SEA TIBERAN CT. C T. AVE. DR.SOLANA RALEI GH CT. CT. CERRO DR. PL.NORTHAMPTON WOODSIDE ANSLEY EDINA PALMTAG DR.LN.BELLWOOD D R.DR. SERGE NANTUCKET J OLENE ASHLAND COLUSA CI R.DR. CT.PASEO WAYHARMONYPL.AVE. DR. PICO NORTHLAWNFLORES TITUSCT.DR. HARGRAVE DR.DR. 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LOMITA ALONDRA L U CI N D A DR.PARK GREGORYLN.BECKY VALLE SOBEY PL.ORIOLE WAY STRATFORD JO CT.9LN. VIA COLI NA J A N O R ALMA C T. PANORAMA BELLE MONTE WAY ELM CAMINO DR.CT. RD. T A M S O N C T . BLUE GUM GRANDE WAY V I A VIAENCANTADAVIA CREEKS T WIN PAL OMINO VISTA CHADBOURNE CABALLERO CT. BANYAN 9DR. L N. PEPPER LN.QUITO DR. SARATOGA UNA WOOD VAQUERO MONTEGLEN DR. VIA SUNNYSIDE DR.WAY O A K DR.OAKS LOSDR.SKY LN.D R. GATOS HILL VI E W WAY AVE.CITRUS EQUESTRIAN WAY AUSTI N KIRKORIAN DAVESBAINTER DR.AUSTIN TOYON LAURELRIDGEBAINTER DR.WAYCREST ORO DEER VINTNER CT. MASSON CT. DEERC A N Y ONLN. HI LLTOP WY. MINA WY. MAGNOLIA CT. PETUNI A CT. EL DORADO CT. STERLI NG OAK CT. GORDON CT. OAK HOLLOW LN. BARONI CT. QUAIL ACRES RODEO CREEK HOL L OW CT. B O U G A N VI L L E A C T. PERALTA CT. SEVILLA BELLA VINA EMERALD HI LLS CT. PI CE A CT. VIA DE MARCOS HAYFI ELD CT. S P AI CH CT. 65286528 748748 66656665 669669 373373 708708 203203 67816781 39463946 77707770 822822 83168316 66286628 77637763 13181318 77617761 65266526 31013101 16901690 49564956 12711271 29882988 20322032 25432543 17091709 977977 247247 29692969 34393439 39433943 35723572 26942694 462462 78897889 976976 33923392 50115011 32193219 87008700 128128 11671167 67016701 43444344 14891489 28352835 37383738 11121112 46284628 29702970 23992399 14131413 52335233 31443144 46754675 53275327 50075007 40424042 14931493 42464246 93309330 16951695 45364536 31453145 28442844 45694569 914914 29652965 45484548 59445944 25442544 19631963 46734673 485485 28762876 31463146 12221222 549549 30343034 47254725 17271727 47264726 90749074 39773977 388388 16441644 12771277 5462546230943094 37293729 39743974 11791179 19281928 604604 53845384 51505150 59805980 35963596 45744574 17561756 31713171 31433143 1791179121592159 45834583 45094509 54085408 34833483 50235023 562562 39983998537537 59285928 40904090 24222422 59245924 85618561 65086508 30363036 51645164 17641764 67326732 19561956 41934193 51615161 39973997 38603860 66326632 76557655 54615461 34383438 40564056 34753475 811811 74247424 773773 48284828 12061206 63936393 11461146 45734573 17891789 65316531 60746074 55835583 13211321 47424742 35743574 64546454 19381938 627627 48924892 32593259 86008600 19961996 43004300 88768876 55755575 34763476 37393739 43014301 24282428 59955995 51355135 30933093 61996199 15171517 49514951 21152115 40914091 184184 88968896 59545954 45544554 59275927 14041404 30663066 45754575 56935693 41674167 774774 48264826 48874887 45084508 270270 85598559 89018901 58935893 59225922 45724572 17181718 10851085 89798979 38223822 29672967 46634663 59235923 15451545 38123812 46464646 81008100 19321932 67066706 51795179 77957795 42794279 26512651 37773777 13241324 13891389 1017101718001800 35913591 67316731 17671767 53195319 42534253 38613861 53435343 73827382 43454345 52435243 27252725 52885288 30823082 50695069 37423742 85608560 40414041 75807580 66056605 44774477 25772577 88218821 59915991 41234123 336336 15741574 12411241 46514651 62616261 36173617 39003900 56315631 47684768 67856785 18661866 82508250 39423942 77987798 89178917 16361636 79287928 518518 4406440617661766 74957495 92679267 34853485 93069306 55525552 20332033 27882788 69966996 49674967 77947794 27202720 34543454 48864886 11951195 416416 41574157 37463746 54095409 79197919 86718671 87688768 28032803 11111111 52445244 41654165 34613461 53285328 16891689 40624062 82208220 25022502 787787 91209120 91019101 42004200 74997499 80588058 64196419 78337833 52565256 28042804 21002100 48254825 18651865 86858685 89168916 86398639 80538053 56765676 67666766 20042004 60246024 33183318 53145314 56225622 11111111 71787178 84668466 72837283 93379337 94149414 7578757886838683 22 3232 44 2626 3131 11 1414 33 66 1010 1313 99 1818 3333 55 1717 1919 1111 3535 1212 1515 2020 1616 2323 2424 2727 3030 2525 2828 2929 88 3434 2222 77 2121 CITY OF SARATOGALANDSCAPE AND LIGHTINGDISTRICT LLA-1 Provides for landscape maintenance of the Manor Drive median andSaratoga-Sunnyvale Road frontage along Tract 3822. Provides for landscape maintenance along the Cox Avenue frontageof Tracts 3777, 4041 and 4042. Provides for landscape maintenance of the Seagull Way entranceto Tracts 4682, 4725 and 4726, and of the common areas along Goleta Avenue and Guava Court. Provides for streetlighting and landscape maintenance inthe El Quito Park residential neighborhood: Tracts 669, 708, 748,6785, 7833, and 8700. Provides for Streetlighting in the Sarahills residential neighborhood:Tracts 3392 and 3439. Provides for streetlighting in four separate residenttial neighborhoodssurrounding Saratoga Village. Includes all or a portion of CunninghamAcres, La Paloma Terrace, Mary Springer #1 and #2, McCartysville,Saratoga Park, Williams, and Tracts 270 , 336, 416, 2399, 2502,4477, 5350, 5377, 5503, 5676, 6419, and 6731 Provides for landscape maintenance along the Saratoga-SunnyvaleRoad frontage of Tract 5944. Provides for streetlighting in the Azule Crossing residentialneighborhoods: Tracts 184, 485, 787, 1111, and 1800. Provides for routine maintenance of Village Parking Districts 1 - 4 andBig Basin Way landscaping and streetlighting. Provides for landscape maintenance along the Saratoga-Sunnyvale Roadfrontage of Tract 7495. (Maintenance and water shared with Zone 27). Provides for landscape maintenance of the Via Monte entrancesto all or a portion of Tracts 2694, 2835, 3036, and 4344. Proves for landscape maintenance of the leutar Court frontagein Tract 6996. Provides for periodic landscape maintenance along Prospect Roadbetween Route 85 overcrossing and Saratoga Creek. Includesall properties bordered by Route 85, Prospect Road and SaratogaCreek with exception of the Brookview neighborhood (Tracts1493, 1644, 1695, 1727, 1938, and 1996). Provides for landscape maintenance along the Quito Road frontageof Tracts 976 and 977. Provides for monthly landscape maintenance along Bonnet Way : Tract 5462. Provides for landscaping and lighting of the Prospect Roadentrance to the Beauchamps subdivision: Tract 7763 Provides for landscape maintenance along the Fruitvale Avenueand Saratoga Avenue frontages of Tracts 8559 and 8560. Provides for landscape maintenance along Saratoga-Los GatosRoad frontage of Tract 247. Provides for landsdcape maintenance along the Saratoga-SunnyvaleRoad frontage of Tracts 6199 and 7928. (Maintenance andwater shared with Zone 10). Provides for landscape maintenance along the Saratoga-SunnyvaleRoad frontage of, and pedestrian pathway within, Tract 8896. Provides for common area landscape maintenance and lightingassociated with Tract 8700. Provides for maintenance of the common area landscape andlighting improvements along Tollgate Road at the entrance toTracts 3946 and 5001. / 0 1,000 2,000 3,000 4,000500Feet Landscape and Lighting District - Potential Additions and Tractsc:\MyDocuments\GIS\LLA\Copyright, 2007 County of Santa Clara, All Rights Reserved Zone 3 - Greenbriar Landscape District Zone 2 - Fredericksburg Landscape District Zone 5 - Azule Lighting District Zone 25 - Saratoga Legends Landscape District Zone 26 -Bellgrove Landscape and Lighting District Zone 27 - Cunningham Place/Glasgow Court Landscape District Zone 28 - Kerwin Ranch Landscape District Zone 29 - Tollgate Landscape and Lighting District Zone 31- Horseshoe Drive Landscape and Lighting District Zone 11 - Arroyo de Saratoga Landscape District Zone 12 - Leutar Court Landscape District Zone 15 - Bonnet Way Landscape District Zone 16 - Beauchamps Landscape District Zone 17 - Sunland Park Landscape District Zone 22 - Prides Crossing Landscape District Zone 24 - Village Commercial Landscape and Lighting District Zone 6 - Sarahills Lighting District Zone 7 - Village Residential Lighting District Zone 9 -McCartysville Landscape District Zone 10 - Tricia Woods Landscape District Zone 32 - Gateway Landscape and Lighting DistrictProvides for maintenance of frontage landscaping alongSaratoga-Sunnyvale Road between Prospect Roadand the Union Pacific railroad tracks. Provides for landscape maintenance along Saratoga-Los GatosRoad frontage of Tract 9306. Zone 33 - Carnelian Glen Landscape and Lighting District Legend Zone 1 - Manor Drive Landscape District Zone 4 - Quito Lighting District Potential New Landscape and Lighting Zones/Zone AdditionsNumbers are not associated with Zone numbers.Existing Tracts550550 September 2009 CITIES CAMPBELL CUPERTINO LOS GATOS MONTE SERENO SAN JOSE SARATOGA COUNTY OF SANTA CLARA UNINCORPORATED AREA 88 190 SARATOGA CITY COUNCIL MEETING DATE: September 16, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Action Minutes Format RECOMMENDED ACTION: Adopt the resolution establishing “Action Minutes” format for compiling legislative minutes for Saratoga City Council and Planning Commission meetings, and establishing the video recordings of such meetings part of the official record. REPORT SUMMARY: It is the responsibility of the City Clerk to keep an accurate record of the proceedings of the legislative body. The record of proceedings used is referred to as “Minutes” and becomes a record of actions and proceedings. Minutes are not transcriptions and are not an exact record of discussions and conversations. There are three (3) types of “Minutes”: 1) Action Minutes, 2) Summary Minutes (aka Synopsis), and 3) Verbatim Minutes. In 2007, the City embarked on an “eco” friendly paperless agenda and packet for council and planning commission meetings; the City Clerk also began transitioning from verbatim to summary minutes. At this time, Council approved the purchase of Laserfiche Agenda Manager and Granicus software to video stream all Council and Planning Commission meetings. This comprehensive streaming media connects citizens to live meetings from anywhere at any time, as well as providing a cost-savings to the City’s annual budget in paper and minute compilation time. It also provides an accurate account of what was said, by whom and when it was said. City Council and Planning Commission meetings are televised and recorded by KSAR, the local television station. These meetings are retained as historical records in a video archive on the City’s website, as well as on a DVD; both methods are always available to the public. Recently the City Clerk conducted a survey of the cities in California asking which type of legislative minutes their city/town had adopted. The results indicated that 50 cities/towns had implemented “Action” minutes; 40 cities/towns implemented “Summary” minutes; and 2 cities/towns did “Verbatim” minutes. (Survey attached to staff report). 191 Staff is recommending Council adopt the attached resolution approving “Action” format minutes as the accepted record of actions and proceedings of the legislative body (City Council and Planning Commission). Alternative 1: Action Format – Meeting video permanent part of the record. Alternative 2: Summary Format – Meeting video not permanent; not considered part of the record. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Clerk will continue with the summary type minutes as is currently being done and the meeting video will not be retained as a permanent record. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: The City Clerk will implement Council’s direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minute Format survey of California cities/towns. Attachment B – Resolution 192 193 194 RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING “ACTION” MINUTES FORMAT FOR COUNCIL AND PLANNING COMMISSION MEETINGS WHEREAS, it is the responsibility of the City Clerk to keep an accurate legal record of the actions and proceedings of the legislative body. The record of proceedings used is referred to as “Minutes”; and WHEREAS, the record of “Minutes” are not transcriptions, nor an exact record of discussions and conversations; and WHEREAS, in 2007, the City of Saratoga implemented the paperless agenda/packet and began video-streaming City Council and Planning Commission meetings; and WHEREAS, the video archive on the City’s website and the DVD recordings are a true record of City Council and Planning Commission meetings and are available to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby approve the implementation of “Action” minutes format for creating the record of actions and proceedings of the legislative body (City Council and Planning Commission). 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 16th day of September 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Chuck Page, Mayor ATTEST: ___________________________________ Ann Sullivan, City Clerk 195