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HomeMy WebLinkAbout09-18-2013 City Council Agenda PacketTable of Contents Agenda. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Appointment of Library Commissioner and Oath of Office Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 7 Attachment A: Resolution of Appointment . . . . . . . . . . . 9 Attachment B: Oath of Office . . . . . . . . . . . . . . . . . 10 Proclamations for 2013 Synopsys Silicon Valley Science and Technology Championship Participants from Saratoga Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 11 Commendations . . . . . . . . . . . . . . . . . . . . . . . 13 City Council Meeting Minutes Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 43 Attachment A: Minutes for Special and Regular City Council Meeting on September 4, 2013 . . . . . . . . . . . . 45 Review of Accounts Payable Check Registers Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 51 9/3/2013 Check Register . . . . . . . . . . . . . . . . . . . 53 9/10/2013 Check Register . . . . . . . . . . . . . . . . . . . 56 Treasurer's Report for the Month Ended July 31, 2013 Treasurer's Report for the Month Ended July 31, 2013 . . . . . 61 Agreement Concerning Joint Use of Campbell Union High School District Property (Prospect High School) Staff report . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Attachment 1 . . . . . . . . . . . . . . . . . . . . . . . . . 70 Review the Housing Element Progress Report & Consider Recommendations from the Finance Subcommittee Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 78 Attachment 1 - Annual Element Progress Report . . . . . . . . 80 Annual City Code Update Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 88 Attachment 1. Ordinance Amending City Code . . . . . . . . . 96 City Median Banner Policy Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 146 Attachment A: Resolution . . . . . . . . . . . . . . . . . . . 150 Attachment B: Median Banner Policy . . . . . . . . . . . . . . 151 Attachment C: Map of Proposed Median Banner Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Attachment D: Photographs of Proposed Banner Locations . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Tree City USA Signs Staff Report . . . . . . . . . . . . . . . . . . . . . . . . . 162 Attachment 1 . . . . . . . . . . . . . . . . . . . . . . . . . 164 1 A e QA1/4, - AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, SEPTEMBER 18, 2013 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 12, 2013) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aundized 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. Appointment of Library Commissioner and Oath of Office Recommended action: Adopt the attached resolution appointing Linda Baxter to the Library Commission as the City of Monte Sereno representative and direct the City Clerk to administer the Oath of Office. 2 2. Proclamations for 2013 Synopsys Silicon Valley Science and Technology Championship Participants from Saratoga Recommended action: Present proclamations to Saratoga students who participated in the Synopsys Silicon Valley Science and Technology Championship in 2013. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special and Regular City Council Meeting on September 4, 2013. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 9/3/2013 Period 3 9/10/2013 Period 3 5. Treasurer's Report for the Month Ended July 31, 2013 Recommended action: Review and accept the Treasurer's Report for the month ended July 31, 2013. 6. Agreement Concerning Joint Use of Campbell Union High School District Property (Prospect High School) Recommended action: Approve Joint Use Agreement with Campbell Union High School District for use of District Property and authorize the City Manager to execute the same. 7. Review the Housing Element Progress Report & Consider Recommendations from the Finance Subcommittee Recommended action: Section 65400 of the California Government Code requires the City to file an annual report with the State Department of Housing and Community Development (HCD) addressing the progress made toward implementing the policy actions contained within the current General Plan Housing Element. 3 PUBLIC HEARINGS Applicants /Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant /Appellants and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 8. Annual City Code Update Recommended action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the attached ordinance amending various sections of the City Code and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. OLD BUSINESS None NEW BUSINESS 9. City Median Banner Policy Recommended action: Approve the resolution establishing the Median Banner Policy and direct staff to install the infrastructure for banners and bring forward a City Code amendment prohibiting banners and other signs in City medians except in accordance with this policy. 10. Tree City USA Signs Recommended action: Approve design and budget for two new Tree City USA signs. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Historical Foundation KSAR Community Access TV Board Village Ad Hoc West Valley Mayors and Managers Association Vice Mayor Emily Lo Hakone Foundation Board Let's Move City Ad Hoc Library Joint Powers Authority Santa Clara Valley Water District Commission Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee 2 Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce Council Finance Committee County HCD Policy Committee Destination Saratoga Liaison Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council SASCC TEA Ad Hoc Council Member Chuck Association of Bay Area Governments Highway 9 Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee Sister City Liaison TEA Ad Hoc West Valley Sanitation District 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 City Clerk 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.sarato ag 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) 5 Certificate of Posting of Agenda: I, Crystal Bothelio, 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 12, 2013, 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 12th day of September 2013 at Saratoga, California. Crystal Bothelio, City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.sarato ag ca.us J 9'` 09/18 10/02 10/16 11/06 11/20 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2013 Regular Meeting — Joint Meeting with West Valley Board of Trustees Regular Meeting — Joint Meeting with Saratoga School Districts Regular Meeting — Joint Meeting with Hakone Foundation Board Regular Meeting — Joint Meeting with Senator Jim Beall, Assembly Member Paul Fong, and Supervisor Joe Simitian Regular Meeting — Joint Meeting Sister City Committee 12/04 Regular Meeting — Joint Meeting with Library Commission and Friends of the Saratoga Libraries 12/18 Regular Meeting — Joint Meeting TBD 0 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: Appointment of Library Commissioner and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing Linda Baxter to the Library Commission as the City of Monte Sereno representative and direct the City Clerk to administer the Oath of Office. BACKGROUND: Two of the City's Library Commissioners end their terms on September 30, 2013. This includes the terms of Commissioners Sharon Andres and Linda Baxter, who is the City of Monte Sereno's representative on the Library Commission. The City of Monte Sereno conducted a recruitment process and selected Linda Baxter to continue serving as Monte Sereno's representative on the Library Commissioner. FISCAL IMPACTS: 10,] CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The appointment to the Library Commission would not be made and the recruitment process would be reopened. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Update the City's Commission roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Page 1 of 2 7 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution of Appointment Attachment B: Oath of Office Page 2 of 2 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE SARATOGA LIBRARY COMMISSION WHEREAS, a vacancy on the Library Commission was created when the term of Library Commissioner Linda Baxter, City of Monte Sereno representative, expired on September 30, 2013; and WHEREAS, the City of Monte Sereno conducted a recruitment to select a representative to serve on the Library Commission; and NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves that the following individual is appointed to the Saratoga Library Commission: NAME COMMISSION TERM Linda Baxter Library— City of Monte Sereno Representative October 1, 2013 —September 30, 2017 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18t11 day of September 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: DATE: Crystal Bothelio, City Clerk 9 Jill Hunter, Mayor STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Linda Baxter, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. Subscribed and sworn to before me on this 18th day of September 2013. Crystal Bothelio City Clerk 10 Linda Baxter, Member Library Commission 1p SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Deputy City Clerk SUBJECT: Proclamations for 2013 Synopsys Silicon Valley Science and Technology Championship Participants from Saratoga RECOMMENDED ACTION: Present proclamations to Saratoga students who participated in the Synopsys Silicon Valley Science and Technology Championship in 2013. REPORT SUMMARY: The annual Synopsys Championship is a regional competition that celebrates achievement by middle and high school students supported by their parents, teachers, and schools. Through the annual Science Fair competition, hundreds of students in Santa Clara County are challenged to go beyond their classroom studies to do independent project -based research. They work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories. The Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair. But whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: lOa FOLLOW UP ACTION: 11 None ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Proclamations 12 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT AMITH GALIVANCHE WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Amith Galivanche won 1 st Place in the Biochemistry /Microbiology Category at the Synopsys Championship with Antimicrobial Activity of Clove Oil and Cinnamon Oil Against Escherichia Coli; and WHEREAS, Amith Galivanche went on to win 3rd Place at the California State Science Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Amith Galivanche's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT AAYUSH GUPTA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Aayush Gupta won 1 st Place in the Bioinformatics Category at the Synopsys Championship with The Effect of Features on Dementia Detection Accuracy; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Aayush Gupta's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT I:\eII11` /x:El7 WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Aditya Dhar won 2nd Place in the Computers/Mathematics Category at the Synopsys Championship with The Effect of Compression on Audio Quality in Different Genres of Music and the Optimal Trade -off Between Compression and Quality; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Aditya Dhar's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ALBERT TSENG WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Albert Tseng won a Honorable Mention in the Engineering Category at the Synopsys Championship with Generating Electricity with Shock Absorbers; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Albert Tseng's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT AMULYA VADLAKONDA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Amulya Vadlakonda won a Honorable Mention in the Botany Category at the Synopsys Championship with The Effect of Acetylsalicylic Acid on Plant Growth Under Varying Environmental Conditions; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Amulya Vadlakonda's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ASHA KAR WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Asha Kar won a Honorable Mention in the Engineering Category at the Synopsys Championship with Fling Time; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Asha Kar's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT CAMERON BAAB WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Cameron Baab won 1 st Place in the Biochemistry/Microbiology Category at the Synopsys Championship with Do Algae and pHHave Chemistry ?; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Cameron Baab's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT DAVID ZARRIN WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, David Zarrin won 1 st Place in the Engineering Category at the Synopsys Championship with A Hybrid Pulsating Turbine Jet; and WHEREAS, David Zarrin went on to win 1St Place at the California State Science Fair and 2"d Place in the Intel International Science and Engineering Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds David Zarrin's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT DAVID ZHU WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, David Zhu won 2nd Place in the Engineering Category at the Synopsys Championship with Redesigning Desk Lamps to Maximize Light Output While Reducing Glare; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds David Zhu's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT I Of-= Ely 114 i /l 7 �1 WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Eesha Khare won 1 st Place in the Chemistry Category at the Synopsys Championship with Design and Synthesis of Hydrogenated TiO2- Polyaniline Nanorods for Flexible High - Performance Supercapacitors; and WHEREAS, Eesha Khare went on to win lst Place at the California State Science Fair and won 1St Place, Best in Category, and Intel Foundation Young Scientist Award at the Intel International Science and Engineering Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Eesha Khare's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT HIMA RAJANA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Hima Rajana won 1St Place in the Behavioral /Social Sciences Category at the Synopsys Championship with This Is Your Brain on Music: The Effect of Music on Academic Performance in Teenagers; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Hima Rajana's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT JEREMY WANG WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Jeremy Wang won 1St Place in the Botany Category at the Synopsys Championship with The Effect of Taraxacum officinale on Escherichia coli and Serratia marscecens; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Jeremy Wang's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT KAUSHIK TANDON WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Kaushik Tandon won I't Place in the Engineering Category at the Synopsys Championship with WiFi Watchdog — Application to Observe Personal Mobility of Senior Citizens; and WHEREAS, Kaushik Tandon went on to win a Honorable Mention at the California State Science Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Kaushik Tandon's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT KESHAV SANGAM WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Keshav Sangam won a Honorable Mention in the Engineering Category at the Synopsys Championship with Heat - Seeking Robot; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Keshav Sangam's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT MANU SRIMAT WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Manu Srimat won 1St Place in the Chemistry Category at the Synopsys Championship with Fuel Cells: Hot or Cold ?; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Manu Srimat's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT MEENA GUDAPATI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Meena Gudapati won 1st Place in the Behavioral /Social Sciences Category at the Synopsys Championship with Does Heart Rate Affect Memory ?; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Meena Gudapati's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ' 1 ' M 11F."I"m V9 " WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Meera Rachamallu won 2nd Place in the Environmental Sciences Category at the Synopsys Championship with The Effect of Silver Nanoparticles on Nannochloropsis oculata and Daphnia through Bioaccumulation; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Meera Rachamallu's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT MEILAN STEIMLE WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Meilan Steimle won 2nd Place in the Behavioral /Social Sciences Category at the Synopsys Championship with The Effects of Increments of Body Visibility on Lie Detection; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Meilan Steimle's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT MERCEDES CHIEN WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Mercedes Chien won 2nd Place in the Chemistry Category at the Synopsys Championship with Creating a Potential Biodiesel Additive Using an Ester and Solketal from Crude Glycerol; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Mercedes Chien's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT MICHELLE XU WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Michelle Xu won 1St Place in the Biochemistry/Microbiology Category at the Synopsys Championship with The Antibacterial Effects of Natural Herbs on E. Coli; and WHEREAS, Michelle Xu went on to win 4th Place at the California State Science Fair and won the Discovery Education 3M Young Scientist Challenge State Merit Award for California; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Michelle Xu's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT NATHANIEL WIRE WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Nathaniel Wire won 1St Place in the Biochemistry/Microbiology Category at the Synopsys Championship with Do Algae and pHHave Chemistry ?; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Nathaniel Wire's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT NISHKA AYYAR WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Nishka Ayyar won 2nd Place in the Zoology Category at the Synopsys Championship with Effects of Caffeine on Mortality of Daphnia Magna; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Nishka Ayyar's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT PRIYA CHAGANTI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Priya Chaganti won 1 st Place in the Behavioral /Social Sciences Category at the Synopsys Championship with Does Heart Rate Affect Memory ?; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Priya Chaganti's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT RISHABH JAIN WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Rishabh Jain won 2nd Place in the Computer/Mathematics Category at the Synopsys Championship with The Early Detection of Wildfires Through the Utilization of GOES Satellite Imagery, Edge Analysis, and Spectral -Based Hashing; and WHEREAS, Rishabh Jain went on to win a Honorable Mention at the California State Science Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Rishabh Jain's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT ROHAN KOODLI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Rohan Koodli won 2nd Place in the Biochemistry /Microbiology Category at the Synopsys Championship with Sensitivity of Dinoflagellate Bioluminescence to Light Exposure; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Rohan Koodli's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT RUCHIPANDYA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Ruchi Pandya won 2nd Place in the Environmental Sciences Category at the Synopsys Championship with A Practical Approach to Water Purification Using Filtration by Photoactivated Degussa P25 Making Use of Nanoparticles to Eliminate Pathogens and Organic Impurities; and WHEREAS, Ruchi Pandya went on to win 1St Place at the California State Science Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Ruchi Pandya's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT SHREY DESAI WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Shrey Desai won 1St Place in the Environmental Sciences Category at the Synopsys Championship with Antibiotic Alternative to Radiation in the Sterile Insect Technique; and WHEREAS, Shrey Desai went on to win a Honorable Mention at the California State Science Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Shrey Desai's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT 49 I .:1wy WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Somya Khare won 2nd Place in the Biochemistry/Microbiology Category at the Synopsys Championship with Improving Binding Affinity of the Calbindin -9k Protein to Develop an Efficient Calcium Biosensor; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Somya Khare's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT SWETHA TUMMALA WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Swetha Tummala won 2nd Place in the Behavioral /Social Sciences Category at the Synopsys Championship with The Effect of Time on How Long the Afterimage Lasts; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Swetha Tummala achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING SYNOPSYS SILICON VALLEY SCIENCE AND TECHNOLOGY CHAMPIONSHIP PARTICIPANT VIVIAN CHIANG WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship showcases the knowledge of science, technology, engineering, and mathematics of students in Santa Clara County; and WHEREAS, this regional competition celebrates achievement by middle and high school students; and WHEREAS, through the annual competition, hundreds of Santa Clara County's students are challenged to go beyond their classroom studies to do independent project -based research; and WHEREAS, students work independently or in teams to address questions in the fields of Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories; and WHEREAS, the Synopsys Championship produces winners who go on to compete and win in other state and national competitions, including the prestigious Intel International Science & Engineering Fair; and WHEREAS, whether or not a student wins, every student is celebrated and encouraged by the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members of the public; and WHEREAS, Vivian Chiang won Pt Place in the Physics Category at the Synopsys Championship with Pulse Wave Analysis in Simulated Vascular System; and WHEREAS, Vivian Chiang went on to win a Honorable Mention at the California State Science Fair; and NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance of science and engineering by giving commendations to participants in the Synopsys Science Fair and applauds Vivian Chiang's achievements. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of September 2013. Jill Hunter, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 AGENDA ITEM: DEPARTMENT: City Manager's Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Bothelio DIRECTOR: Dave Anderson City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve City Council minutes for the Special and Regular City Council Meeting on September 4, 2013. BACKGROUND: The draft minutes for the Special and Regular City Council Meeting on September 4, 2013 are attached to this report for Council review and approval. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Page 1 of 2 43 ATTACHMENTS: Attachment A: Minutes for Special and Regular City Council Meeting on September 4, 2013 Page 2 of 2 .. MINUTES WEDNESDAY, SEPTEMBER 4, 2013 The City Council conducted interviews for the Library Commission and Parks and Recreation Commission at 5:30 p.m. in the Administrative Conference Room at City Hall at 13777 Fruitvale Avenue. At 6:00 p.m., the Council held a Joint Meeting with the Parks and Recreation Commission and Pedestrian, Equestrian, and Bicycle Trails Advisory Committee (PEBTAC). SARATOGA REGULAR CITY COUNCIL MEETING Mayor Hunter called the meeting to order at 7:01 p.m. and led the pledge of allegiance. ROLL CALL PRESENT Council Members Chuck Page, Manny Cappello, Howard Miller, Vice Mayor Emily Lo, Mayor Jill Hunter ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Brian Babcock, Administrative Analyst I Patrick Tsai, City Manager's Office Intern REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on August 29, 2013). COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Alzendized Items Trish Cypher requested that the City Council oppose Senate Bill 1. Oral Communications - Council Direction to Staff None Communications from Boards and Commissions Terry Ward, Chair of the Parks and Recreation Commission, provided an overview of the City Council's Joint Meeting with the Commission and PEBTAC. Council Member Miller added that the Parks and Recreation Commission is holding a meeting on the Quarry Park Master Plan on Tuesday, September 10, 2013 at 6:30 p.m. The public is encouraged to attend. 45 Council Direction to Staff None ANNOUNCEMENTS Mayor Hunter announced that the City is currently recruiting for several Commissions, including the Parks and Recreation Commission and Traffic Safety Commission. Applications for the Traffic Safety Commission are due September 10, 2013 and Parks and Recreation Commission applications are due October 8, 2013. Vice Mayor Lo stated that Measure A, the renewal of the Santa Clara County Library District parcel tax, passed with an approval rate of approximately 81 %. Mayor Hunter added that Heritage Day will be held on September 28, 2013 in the Village from noon to 4:00 p.m. There will be famous historic figures throughout the Village and demonstrations of old time crafts at the Saratoga Historical Museum. Additionally, the Saratoga Historical Foundation will be holding a fundraiser on September 29, 2013 at Hakone Gardens. The event will feature a silent auction and dinner. CEREMONIAL ITEMS Heritage Tree Certificates of Appreciation Recommended action: Present the Certificates of Appreciation to the Heritage Tree owners. Mayor Hunter and Heritage Preservation Commission Chair Paula Cappello presented the certificates to owners of the City's Heritage Trees. SPECIAL PRESENTATIONS 2. Special Presentation on Bay Delta Conservation Plan Recommended action: Listen to presentation by Santa Clara Valley Water District Board Chair Nai Hsueh on the Bay Delta Conservation Plan. Santa Clara Valley Water District Board Chair Nai Hsueh made a presentation to the City Council on the Bay Delta Conservation Plan. Mayor Hunter invited public comment on the item. The following person requested to speak: Fay Zheng No one else requested to speak. 2 CONSENT CALENDAR 3. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special and Regular City Council Meeting on August 21, 2013. PAGE/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON AUGUST 21, 2013. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 8/20/2013 Period 2 8/27/2013 Period 2 PAGE /MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 8/20/2013 PERIOD 2, AND 8/27/2013 PERIOD 2. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARINGS None OLD BUSINESS None NEW BUSINESS 5. Agreement with Destination Saratoga Recommended action: Approve the one -year agreement. Community Development Director James Lindsay presented the staff report. Peggy Wynne Borgman provided an update on Destination Saratoga efforts. Mayor Hunter invited public comments on the item. The following person requested to speak: Josh Weeks No one else requested to speak. 47 CAPPELLO /LO MOVED TO APPROVE THE ONE -YEAR AGREEMENT WITH DESTINATION SARATOGA. Council Member Page requested that the motion be amended to include a requirement that Destination Saratoga report back to the City Council after the end of the second quarter of the fiscal year on the status of the organization's efforts. Council Member Cappello and Vice Mayor Lo accepted the amendment. CAPPELLO /LO MOVED TO APPROVE THE ONE -YEAR AGREEMENT WITH DESTINATION SARATOGA AND DIRECTED DESTINATION SARATOGA TO REPORT BACK TO THE CITY COUNCIL ON THE STATUS OF THE GROUP'S EFFORTS AFTER THE SECOND QUARTER OF THE FISCAL YEAR. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 6. Update to City of Saratoga Commission Handbook Recommended action: Approve the update to the Commission Handbook. City Clerk Crystal Bothelio presented the staff report on the item. Mayor Hunter invited public comment on the item. No one requested to speak. Council Member Cappello asked that the handbook include language on meeting decorum that was added to the Council Norms of Operation at the August 21, 2013 Council Meeting. Council Member Page asked that the language on submittal of resignation letters be clarified to request that they be sent to the City Council. Council Member Cappello asked if the Council could consider amending the language in the City Code that states Commissioners will be removed from their positions if they miss 3 consecutive meetings and if the Council would also consider creating a time limit for Commission meetings. Mayor Hunter said she supported Council Member Cappello's request and would add these items to future Council Meeting agendas. Council Member Page asked that the information on Commission attendance also include the total number of meetings that each Commission holds when the attendance issue comes to the Council at a future meeting. PAGE /CAPPELLO MOVED TO APPROVE THE UPDATE TO THE COMMISSION HANDBOOK WITH THE FOLLOWING CHANGES: - ADD LANGUAGE ON MEETING DECORUM FROM THE COUNCIL NORMS OF OPERATION TO THE COMMISSION HANDBOOK; AND - REVISE LANGUAGE ON RESIGNATIONS TO CLARIFY THAT LETTERS OF RESIGNATION SHOULD BE SENT TO THE CITY COUNCIL. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 7. 2013 League of California Cities Annual Conference Resolutions Recommended action: Discuss the resolutions to be voted upon at the League of California Cities Annual Conference by designated voters of member agencies and provide the City of Saratoga's voting delegate, Council Member Chuck Page, with input on the resolutions. City Clerk Crystal Bothelio presented the staff report. Mayor Hunter invited public comment on the item. The following person requested to speak: Trish Cypher No one else requested to speak. MILLER/CAPPELLO MOVED TO URGE COUNCIL MEMBER PAGE, AS THE CITY OF SARATOGA DESIGNATED VOTER AT THE ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE, TO USE HIS BEST JUDGMENT IF ASKED TO VOTE UPON THE RESOLUTIONS TO BE CONSIDERED AT THE ANNUAL CONFERENCE. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Jill Hunter Mayor Hunter reminded the Council that there will be a Joint Study Session with the Planning Commission on September 9, 2013 at 6:00 p.m. and on September 5, 2013, there will be a ribbon cutting for the Fruitvale Avenue median. She also shared that the City of Saratoga State of the City video is now available on the City's website. West Valley Mayors and Managers Association — the last meeting was held on August 21, 2013. During the meeting, the group discussed emergency planning efforts in the West Valley and Youth Commissions. Vice Mayor Emily Lo Library Joint Powers Authority — Measure A was passed by voters during the special election in August and the parcel tax that supports the Santa Clara County Library District will be renewed. 5 West Valley Flood Control & Watershed Advisory Committee — there is a meeting on September 5, which will include a watershed tour. Council Member Howard Miller Valley Transportation Authority PAC — a meeting is scheduled for the week of September 9, 2013. West Valley Solid Waste Management Joint Powers Authority — the Authority is meeting on September 5 to get an update on contract negotiations with the hauler. Council Member Manny Cappello Chamber of Commerce — the next meeting will be held the week of September 9, 2013. Destination Saratoga Liaison — a meeting is scheduled for the week of September 9, 2013. SASCC — during the last meeting, the group worked on plans for the Italian dinner in May 2014. The group also discussed the upcoming health fair at West Valley College in November, the winter dance party, and Foodie on the Run, which will be raising funds for SASCC during their events on September 8 and 22. Council Member Chuck Page Association of Bay Area Governments — there may be an upcoming meeting on efforts to increase density of building in cities. Santa Clara County Cities Association — a meeting is scheduled for the week of September 9, 2013. Sister City Liaison — there will be a meeting the week of September 9, 2013. West Valley Sanitation District — Council Member Page shared he attended the California Association of Sanitary Districts conference in San Diego. The conference was very informative and revealed that the West Valley Sanitation District is one of the best in the State and probably the nation in terms of sewage overflow. CITY COUNCIL ITEMS Council Member Page shared that LAFCO finished its assessment of special districts, which included recommendations that the Saratoga Fire District be incorporated into the Santa Clara County Fire District. The report also recommended that the Cupertino Sanitation District and West Valley Sanitation District be combined. CITY MANAGER'S REPORT City Manager Dave Anderson reported that he served on jury duty for a 2 -week period, which is now complete. ADJOURNMENT Miller /Cappello moved to adjourn the meeting at 10:01 p.m. MOTION PASSED. AYES: HUNTER, LO, MILLER, CAPPELLO, PAGE. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk rel 50 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Gina Fitch DEPT. DIRECTOR: Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 9/3/2013 Period 3 9/10/2013 Period 3 REPORT SUMMARY: Attached are Check Registers for: Type of Checks Date Starting Check # Ending Check # Total Checks Amount Checks Released Prior Check Register Date Ending Check # Accounts Payable 9/3/13 123718 123755 38 44,189.29 09/03/13 8/27/13 123717 Accounts Payable 9/10/13 123756 123819 64 206,548.55 09/10/13 1 9/3/13 123755 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Fund Dept. Purpose Amount 09/10/13 123779 Hillside Drilling CEP Parks Project PW Hakone Gardens 83,072.75 09/10/13 123810 1 San Jose Water Company Various General Water Bills 20,303.26 Accounts Payable checks voided during this time period: AP Date I Check # Issued to I Reason Status Amount 08/27/13 1 123693 jLiuhuaDing I Stop pymnt by Citizen lReissue-Dif Amount 1 850.00 51 Cash reductions by fund: Period 3 Period 3 Fund # Fund Description 09/03/13 09/10/13 Total 111 General Fund 34,485.91 68,841.49 103,327.40 231 Village Lighting 2,768.38 2,768.38 232 Azule Lighting 245.24 245.24 233 Sarahills Lighting 256.96 256.96 241 Arroyo de Saratoga Landscape 68.00 68.00 242 Bonnet Way Landscape - 243 Carnelian Glen 302.44 302.44 244 Cunningham/Glasgow Landscape 135.00 135.00 245 Fredericksburg Landscape 102.00 102.00 246 Greenbriar Landscape 230.00 230.00 247 Kerwin Ranch Landscape 661.10 661.10 248 Leutar Court Landscape 75.00 75.00 249 Manor Drive Landscape 130.00 130.00 251 McCartysville Landscape 250.00 20.11 1 270.11 252 Prides Crossing Landscape 405.00 24.58 429.58 253 Saratoga Legends Landscape - 254 Sunland Park Landscape 260.00 260.00 255 Tricia Woods Landscape 34.00 9.86 1 43.86 271 Beauchamps Landscape 68.00 54.02 122.02 272 Bellgrove Landscape 2,160.98 443.67 2,604.65 273 Gateway Landscape 102.00 64.62 166.62 274 Horseshoe Landscape /Lighting 135.00 10.01 145.01 275 Quito Lighting 75.00 808.36 883.36 276 Tollgate LLD 80.00 83.86 163.86 277 Village Commercial Landscape - 278 Brookglen L &L 50.00 50.00 311 Library GO Bond Debt Service - 411 CIP Street Projects 3,947.39 3,603.82 7,551.21 412 CIP Park & Trail Projects 84,422.75 84,422.75 413 CIP Facility Projects 23,869.00 23,869.00 414 CIP Admin Projects - 421 Tree Fund - 431 Grant Fund - CIP Streets - 432 Grant Fund - Parks & Trails - 433 Grant Fund - Facilities - 434 Grant Fund - Admin Projects - 481 Gas Tax Fund - 611 Liability/Risk Mgt - 612 Workers' Comp - 621 Office Support 1,170.41 1,170.41 622 IT Services 115.76 761.49 877.25 623 Vehicle & Equipment Maint 46.71 2,580.25 2,626.96 624 Building Maintenance 270.00 16,466.49 16,736.49 631 Vehicle & Equipment Replacement 43.18 43.18 632 IT Equipment Replacement - TOTALI 44,189.29 1 206,548.55 250,737.84 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format 52 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/03/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:10:37 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130903 00:00:00.000' ACCOUNTING PERIOD: 3/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 123718 09/03/13 500 11111 123719 09/03/13 500 11111 123720 09/03/13 95 11111 123721 09/03/13 130 11111 123722 09/03/13 176 11111 123722 09/03/13 176 11111 123722 09/03/13 176 11111 123722 09/03/13 176 11111 123722 09/03/13 176 11111 123722 09/03/13 176 11111 123722 09/03/13 176 TOTAL CHECK 11111 123723 09/03/13 235 11111 123724 09/03/13 909 11111 123725 09/03/13 342 11111 123726 09/03/13 500 11111 123727 09/03/13 421 11111 123727 09/03/13 421 11111 123727 09/03/13 421 TOTAL CHECK 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT ADELE GALLUCCI & LUIGI C 111 ANDI SPAKOUSKY 111 CAL -WEST LIGHTING & SIGN 4119121 -001 CDW GOVERNMENT 1117102 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 1115301 CIENEGA LANDSCAPING 2785302 CIENEGA LANDSCAPING 2465302 CIENEGA LANDSCAPING 2465302 CIENEGA LANDSCAPING 2755302 CIENEGA LANDSCAPING 1115301 ----- DESCRIPTION - - -- REFUND 04 -011 REFUND FACILITY TRAFFIC CONSTRUCTION EMERG SUPPLIES AUG KEVIN MORAN PARK AUG CONGRESS SPRINGS AUG BROOKGLEN AUG GREENBRIAR AZULE AUGGREENBRIAR SEAGULL AUG QUITO LLA AUG AZULE PARK COMCAST 6223201 MNTHLY SVC 8/26 -9/25 COMPUCOM SYSTEMS INC 1116101 RECTRAK SUPPORT DATA TICKET INC 1117101 CITATION FEES 7/13 ELSA MARTINEZ 111 REFUND FACILITY EWING IRRIGATION 1115301 IRRIGATION SUPPLIES EWING IRRIGATION 1115301 IRRIGATION SUPPLIES EWING IRRIGATION 1115301 IRRIGATION SUPPLIES GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2435302 GACHINA LANDSCAPE MANAGE 2445302 GACHINA LANDSCAPE MANAGE 2455302 GACHINA LANDSCAPE MANAGE 2735302 GACHINA LANDSCAPE MANAGE 2475302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2525302 GACHINA LANDSCAPE MANAGE 2555302 GACHINA LANDSCAPE MANAGE 2715302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2765302 GACHINA LANDSCAPE MANAGE 2485302 GACHINA LANDSCAPE MANAGE 2415302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2435302 53 AUG MEDIANS AUG LIBRARY AUG CARNELIAN GLEN AUGCUNNINGHAM /GLAS AUG FREDRICKSBURG AUG GATEWAY AUG KERWIN AUG DWNTWN NEWSPAPERS AUG PRIDES CROSSING AUG TRICIA WOODS AUG BEAUCHAMPS LLA AUG DOWNTOWN AUG TOLLGATE AUG LEUTAR CT AUGARROYO DE SARATOGA FRUITVALE MEDIAN AUG MNTC AUSTIN WAY AUG MNTC GARDINER PK AUG MNTC PARK DIST AUG MNTC BLANEY PL AUG MNTC BEAUCHAMPS RPLC TREE CARNELIAN SALES TAX 0.00 0.00 0.00 I�III 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 873.74 300.00 2, 900.00 622.65 275.00 400.00 50.00 135.00 95.00 75.00 395.00 1,425.00 115.76 1,115.00 100.00 300.00 215.31 1,153.96 6.47 1,375.74 3,587.00 464.00 68.00 135.00 102.00 102.00 270.00 68.00 405.00 34.00 68.00 126.00 80.00 75.00 68.00 448.00 167.00 144.00 270.00 196.00 188.00 234.44 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 09/03/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:10:37 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130903 00:00:00.000' ACCOUNTING PERIOD: 3/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 11111 123729 09/03/13 454 TOTAL CHECK INC 2745302 11111 123730 09/03/13 455 11111 123731 09/03/13 19 11111 123731 09/03/13 19 11111 123731 09/03/13 19 TOTAL CHECK CTR 1114201 11111 123732 09/03/13 956 11111 123733 09/03/13 1163 11111 123733 09/03/13 1163 TOTAL CHECK 0.00 135.00 11111 123734 09/03/13 61 11111 123735 09/03/13 63 11111 123736 09/03/13 917 11111 123737 09/03/13 500 11111 123738 09/03/13 123 11111 123739 09/03/13 127 11111 123740 09/03/13 500 11111 123741 09/03/13 500 11111 123741 09/03/13 500 TOTAL CHECK 11111 123742 09/03/13 221 11111 123742 09/03/13 221 11111 123742 09/03/13 221 11111 123742 09/03/13 221 11111 123742 09/03/13 221 11111 123742 09/03/13 221 TOTAL CHECK 11111 123743 09/03/13 500 11111 123744 09/03/13 499 11111 123745 09/03/13 131 VENDOR - - -- --- - - - - -- BUDGET UNIT GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 2475302 GACHINA LANDSCAPE MANAGE 1115301 GACHINA LANDSCAPE MANAGE 1115301 GARDENLAND POWER EQUIPME 1115301 IAN GEDDES TREE CARE, IN 1115301 IAN GEDDES TREE CARE, IN 1115301 IAN GEDDES TREE CARE, IN 1115301 INDEPENDENT STATIONERS 1116101 INSIGHT PUBLIC SECTOR, I 1117102 INSIGHT PUBLIC SECTOR, I 1117102 INTERSTATE BATTERY SYSTE 6235202 INTERSTATE TRAFFIC CONTR 4119111 -001 JOSON FENCE 1115301 JOYCE WANG 111 KELEX SECURITY 6246202 KELLY MOORE PAINT COMPAN 4119111 -001 LITA ASKANAS 1114101 LIUHUA DING 1118101 LIUHUA DING 1118101 DESCRIPTION MANUAL WATERING MANUAL WATERING LNDSCP UPGRADE KERWIN LNDSCP UPGRADE SARA IRRIG RPR DAGMAR DR SMALL TOOLS GRIND REDWOOD ROOTS PRUNE OAKS LIFT OAKS OFFICE SUPPLIES EMERG SUP - PRINTER EMERG PREP SUPPLIES EQUIPMENT PARTS STREETS SUPPLIES GATE REPAIR - HAKONE REFUND FACILITY ALARM REPAIR STREETS SUPPLIES DEP REFUND TRP13 -0223 REFUND BUS LIC APP BANK CHARGE CK123693 LORAL LANDSCAPING, INC 2515302 AUG MCCARTYSVILLE LORAL LANDSCAPING, INC 2545302 AUG SUNLAND PARK LORAL LANDSCAPING, INC 2495302 AUG MANOR DR LORAL LANDSCAPING, INC 2725302 AUG BELLGROVE LORAL LANDSCAPING, INC 2745302 AUG HORSESHOE LORAL LANDSCAPING, INC 2725302 LANDSCAPE REPAIRS MELBOURNE & VERNON RABED 1114101 DEP REFUND TR213 -0229 CARPENTERS LOCAL 2236 (M 111 DED:3000 DUES NORMAN PAUL PRINT CTR 1114201 BUS CARDS 54 SALES TAX AMOUNT 0.00 436.21 0.00 436.21 0.00 391.10 0.00 515.30 0.00 71.19 0.00 9,149.45 0.00 477.99 0.00 480.00 0.00 1,465.00 0.00 1,970.00 0.00 3,915.00 0.00 130.53 0.00 516.56 0.00 4,757.87 0.00 5,274.43 0.00 46.71 0.00 792.79 0.00 1,461.00 0.00 300.00 0.00 270.00 0.00 147.63 0.00 125.00 0.00 100.00 0.00 -25.00 0.00 75.00 0.00 250.00 0.00 260.00 0.00 130.00 0.00 1,710.00 0.00 135.00 0.00 450.98 0.00 2,935.98 0.00 125.00 0.00 308.00 0.00 156.51 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 09/03/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:10:37 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130903 00:00:00.000' ACCOUNTING PERIOD: 3/14 FUND - 009 - CASH ACCT CHECK NO 11111 123746 11111 123746 11111 123746 TOTAL CHECK 11111 123747 11111 123747 TOTAL CHECK 11111 123748 11111 123748 11111 123748 11111 123748 TOTAL CHECK 11111 123749 11111 123750 11111 123751 11111 123752 11111 123753 11111 123753 TOTAL CHECK 11111 123754 11111 123755 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT DISBURSEMENT FUND ISSUE DT - - - - -- 09/03/13 145 09/03/13 145 09/03/13 145 09/03/13 60 09/03/13 60 09/03/13 1087 09/03/13 1087 09/03/13 1087 09/03/13 1087 09/03/13 195 09/03/13 500 09/03/13 393 09/03/13 500 09/03/13 1077 09/03/13 1077 09/03/13 728 09/03/13 447 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT OFFICE DEPOT INC. 1115301 OFFICE DEPOT INC. 1115201 OFFICE DEPOT INC. 1114101 ONTRAC ONTRAC 4119111 -001 1115301 - - - -- DESCRIPTION OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES DELIVERY CHARGES DELIVERY CHARGES OSCAR'S EXPERT TREE SERV 1115201 REMOVE 2 TREES OSCAR'S EXPERT TREE SERV 1115201 PRUNE TREES OSCAR'S EXPERT TREE SERV 1115201 REMOVE WILLOW TREE OSCAR'S EXPERT TREE SERV 1115201 REMOVE DEAD PINE PAPA MEMBERSHIP 1115301 PRAVEENA VARADARAJAN 111 REED & GRAHAM, INC 4119111 -001 ROBERTA HARRYMAN 1117101 SUNNYVALE BUILDING MAINT 1115301 SUNNYVALE BUILDING MAINT 1115301 PEST SEMINAR -MEEK REFUND FACILITY STREETS SUPPLIES PRK CIT OVERPYMNT APR -JUL PICNIC TABLES JULY MON SERVICE YOKE, JIM 1117102 EMERG PREP SUPPLIES ZEE MEDICAL SERVICE 1114101 OFFICE SUPPLIES 99 SALES TAX AMOUNT 0.00 30.53 0.00 30.53 0.00 58.32 0.00 119.38 0.00 5.88 0.00 5.35 0.00 11.23 0.00 2,200.00 0.00 2,100.00 0.00 1,800.00 0.00 550.00 0.00 6,650.00 0.00 80.00 0.00 500.00 0.00 101.09 0.00 58.00 0.00 792.00 0.00 875.00 0.00 1,667.00 0.00 165.25 0.00 18.43 0.00 44,189.29 0.00 44,189.29 0.00 44,189.29 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 09/10/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:06:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130910 00:00:00.000' ACCOUNTING PERIOD: 3/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 11111 123756 09/10/13 234 TOTAL CHECK 0.00 704.12 11111 123757 09/10/13 500 11111 123757 09/10/13 500 TOTAL CHECK 11111 123758 09/10/13 521 11111 123758 09/10/13 521 TOTAL CHECK 11111 123759 09/10/13 500 11111 123760 09/10/13 1160 11111 123761 09/10/13 953 11111 123762 09/10/13 369 11111 123762 09/10/13 369 11111 123762 09/10/13 369 TOTAL CHECK 11111 123763 09/10/13 51 11111 123764 09/10/13 130 11111 123764 09/10/13 130 11111 123764 09/10/13 130 TOTAL CHECK 11111 123765 09/10/13 500 11111 123766 09/10/13 179 11111 123766 09/10/13 179 TOTAL CHECK 11111 123767 09/10/13 229 VENDOR - - -- --- - - - - -- BUDGET UNIT • T & T 6246202 • T & T 1117102 • T & T 1117102 • T & T 6246202 • T & T 6246202 • T & T 6246202 • T & T 1117102 • T & T 6246202 • T & T 1117102 • T & T 1117102 • T & T 6246202 • T & T 1115301 • T & T 1115301 • T & T 1115301 • T & T 1115301 • T & T 1115301 ALAMEDA FAMILY FUNERAL & 1118301 ALAMEDA FAMILY FUNERAL & 1118301 ALLIED LOCK & SAFE INC 6315203 ALLIED LOCK & SAFE INC 6315203 ALY KAHN 1118301 ANDERSON BRULE ARCHITECT 4139322 -007 ARC 4119111 -001 BORTZ, SHERI L 1116101 BORTZ, SHERI L 1116101 BORTZ, SHERI L 1116101 CALIFORNIA MUNICIPAL STA 1113101 CDW GOVERNMENT 1117102 CDW GOVERNMENT 1117102 CDW GOVERNMENT 1117102 DESCRIPTION MNTHLY RECUR CHRGS EMERG LINE - RECREATION EMERG LN VM MAILBOX ALARM SYSTEM PHONES SR CENTER ALARMS BOOK -GO -ROUND ALARM EMERG LN CM OFFICE POST MACH -COPY ROOM EMERGENCY RESPONSE AM 1610 RADIO SARA NORTH CAMPUS GATEWAY -IRRIG CONTROL CORP YRD EMERG LINE PHONE LINES & PARKS BLANEY PHONE MOD LN CONGRESS SPRING PARK FOODIE FUN GRNT REIMB FOODIE FUN GRNT REIMB KEY TAGS CHEVY VOLT KEY RINGS FOR VOLTS FOODIE FUN GRNT REIMB CIVIC THEATER MASTER P PRINTING /BINDING INSTRUCTOR -YOGA INSTRUCTOR -YOGA INSTRUCTOR -YOGA CAFR STATS INFO HP PROBOOK 4540S 151N RECYCLING FEE 15IN TO TAX CHRIS VASQUEZ 1118301 FOODIE FUN GRNT REIMB CIM AIR, INC 6246202 HVAC REPAIRS CIM AIR, INC 6246202 HVAC REPAIRS COAST OIL COMPANY LLC 6235202 56 UNLEADED FUEL SALES TAX AMOUNT 0.00 179.34 0.00 15.18 0.00 63.79 0.00 91.12 0.00 32.06 0.00 31.78 0.00 16.44 0.00 15.18 0.00 198.58 0.00 16.44 0.00 154.27 0.00 16.13 0.00 41.71 0.00 16.96 0.00 16.10 0.00 32.64 0.00 937.72 0.00 164.01 0.00 40.89 0.00 204.90 0.00 32.30 0.00 10.88 0.00 43.18 0.00 18.75 0.00 18,000.00 0.00 965.44 0.00 135.00 0.00 337.50 0.00 168.75 0.00 641.25 0.00 425.00 0.00 8,047.08 0.00 48.00 0.00 704.12 0.00 8,799.20 0.00 57.75 0.00 617.28 0.00 1,221.10 0.00 1,838.38 0.00 2,504.26 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 09/10/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:06:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130910 00:00:00.000' ACCOUNTING PERIOD: 3/14 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT COLE SUPPLY COMPANY, INC 1115301 CONTRACT SWEEPING SERVIC 1115103 CPO LTD 6213102 CSG CONSULTANTS INC. 111 CUTTY CLOTHING 1117102 DEPARTMENT OF REVENUE 1117101 EKIM PAINTING - NORTH, I 4139321 -012 ELSDON, INC. 1118101 GAEL GALLAGHER TOURS 1116101 GARDENLAND POWER EQUIPME 1115201 GARDENLAND POWER EQUIPME 1115201 GARDENLAND POWER EQUIPME 1115201 GARDENLAND POWER EQUIPME 1115301 GRETCHEN VOGEL 1118301 HILLSIDE DRILLING, INC. 412 HILLSIDE DRILLING, INC. 4129222 -002 HO CHUN & PAO CHEN 1114101 HYDROTEC IRRIGATION EQUI 1115301 INTERSTATE TRAFFIC CONTR 4119111 -001 INTERSTATE TRAFFIC CONTR 4119111 -001 ----- DESCRIPTION - - - - -- PARKS SUPPLIES CITY WIDE STREET SWEEP MNTHLY SVC 7/22 -8/21 BLDG REVIEW THRU 7/31 EOC BACKPACKS AUGUST CIT 2013 WAINSCOTING PROJECT PROF SRVCS 7/13 EXCURSION 11/6/13 STREETS SUPPLIES SMALL TOOLS SMALL TOOLS SMALL TOOLS FOODIE FUN GRNT REIMB RETENTION HELD 20#175 HAKONE GARDENS DRIVEWA DEP REFUND TRP13 -0247 RPR BACKFLOW ELQUITO STREETS SUPPLIES STREETS SUPPLIES JAMELLO, NANCY 1116101 INSTRUCTOR -YOGA JAMELLO, NANCY 1116101 INSTRUCTOR -YOGA JANET SUMPTER 1118301 FOODIE FUN GRNT REIMB JB TROPHIES 4119111 -001 PLAQUES JOE DEBOARD 1118301 FOODIE FUN GRNT REIMB KELEX SECURITY 6246202 ALARM SERVICE KELLY MOORE PAINT COMPAN 6246202 PAINT SUPPLIES 57 SALES TAX FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 123768 09/10/13 930 11111 123769 09/10/13 1023 11111 123770 09/10/13 589 11111 123771 09/10/13 1060 11111 123772 09/10/13 1166 11111 123773 09/10/13 1 11111 123774 09/10/13 378 11111 123775 09/10/13 1051 11111 123776 09/10/13 1167 11111 123777 09/10/13 455 11111 123777 09/10/13 455 11111 123777 09/10/13 455 11111 123777 09/10/13 455 TOTAL CHECK 125.00 0.00 11111 123778 09/10/13 500 11111 123779 09/10/13 1148 11111 123779 09/10/13 1148 TOTAL CHECK 11111 123780 09/10/13 500 11111 123781 09/10/13 14 11111 123782 09/10/13 63 11111 123782 09/10/13 63 TOTAL CHECK 11111 123783 09/10/13 525 11111 123783 09/10/13 525 TOTAL CHECK 11111 123784 09/10/13 500 11111 123785 09/10/13 674 11111 123786 09/10/13 500 11111 123787 09/10/13 123 11111 123788 09/10/13 127 - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT COLE SUPPLY COMPANY, INC 1115301 CONTRACT SWEEPING SERVIC 1115103 CPO LTD 6213102 CSG CONSULTANTS INC. 111 CUTTY CLOTHING 1117102 DEPARTMENT OF REVENUE 1117101 EKIM PAINTING - NORTH, I 4139321 -012 ELSDON, INC. 1118101 GAEL GALLAGHER TOURS 1116101 GARDENLAND POWER EQUIPME 1115201 GARDENLAND POWER EQUIPME 1115201 GARDENLAND POWER EQUIPME 1115201 GARDENLAND POWER EQUIPME 1115301 GRETCHEN VOGEL 1118301 HILLSIDE DRILLING, INC. 412 HILLSIDE DRILLING, INC. 4129222 -002 HO CHUN & PAO CHEN 1114101 HYDROTEC IRRIGATION EQUI 1115301 INTERSTATE TRAFFIC CONTR 4119111 -001 INTERSTATE TRAFFIC CONTR 4119111 -001 ----- DESCRIPTION - - - - -- PARKS SUPPLIES CITY WIDE STREET SWEEP MNTHLY SVC 7/22 -8/21 BLDG REVIEW THRU 7/31 EOC BACKPACKS AUGUST CIT 2013 WAINSCOTING PROJECT PROF SRVCS 7/13 EXCURSION 11/6/13 STREETS SUPPLIES SMALL TOOLS SMALL TOOLS SMALL TOOLS FOODIE FUN GRNT REIMB RETENTION HELD 20#175 HAKONE GARDENS DRIVEWA DEP REFUND TRP13 -0247 RPR BACKFLOW ELQUITO STREETS SUPPLIES STREETS SUPPLIES JAMELLO, NANCY 1116101 INSTRUCTOR -YOGA JAMELLO, NANCY 1116101 INSTRUCTOR -YOGA JANET SUMPTER 1118301 FOODIE FUN GRNT REIMB JB TROPHIES 4119111 -001 PLAQUES JOE DEBOARD 1118301 FOODIE FUN GRNT REIMB KELEX SECURITY 6246202 ALARM SERVICE KELLY MOORE PAINT COMPAN 6246202 PAINT SUPPLIES 57 SALES TAX AMOUNT 0.00 632.24 0.00 13,239.50 0.00 1,170.41 0.00 8,539.53 0.00 293.63 0.00 200.00 0.00 4,050.00 0.00 2,500.00 0.00 100.00 0.00 38.97 0.00 63.18 0.00 64.33 0.00 709.43 0.00 875.91 0.00 16.25 0.00 - 4,372.25 0.00 87,445.00 0.00 83,072.75 0.00 125.00 0.00 241.16 0.00 337.13 0.00 372.90 0.00 710.03 0.00 379.00 0.00 247.50 0.00 626.50 0.00 54.82 0.00 1,355.44 0.00 40.33 0.00 125.00 0.00 235.11 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 09/10/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:06:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130910 00:00:00.000' ACCOUNTING PERIOD: 3/14 - - - -- VENDOR - - -- --- - - - - -- FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT - - - - -- 11111 123789 09/10/13 138 11111 123790 09/10/13 500 11111 123791 09/10/13 500 11111 123792 09/10/13 500 11111 123793 09/10/13 500 11111 123794 09/10/13 996 11111 123795 09/10/13 79 11111 123796 09/10/13 831 11111 123797 09/10/13 135 11111 123798 09/10/13 1 11111 123799 09/10/13 145 11111 123799 09/10/13 145 11111 123799 09/10/13 145 TOTAL CHECK & ELECTRIC 2315302 11111 123800 09/10/13 60 11111 123801 09/10/13 540 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 11111 123802 09/10/13 173 TOTAL CHECK 11111 123803 09/10/13 173 11111 123803 09/10/13 173 11111 123803 09/10/13 173 11111 123803 09/10/13 173 11111 123803 09/10/13 173 TOTAL CHECK - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT KIDS KAB 1116101 LISA TANG 1116101 LOREN DAVIDSON 1118301 MARILU BARRAGAN 111 MARY PANCHENKO 1113301 MEGAPATH 6223201 MUNISERVICES LLC 1113101 MUSSON THEATRICAL, INC 4139322 -001 NORTH BAY BLDG MAINTENAN 6246202 OFF OF SHERIFF - FISCAL SV 1113301 OFFICE DEPOT INC. 1114201 OFFICE DEPOT INC. 1114101 OFFICE DEPOT INC. 1114101 ----- DESCRIPTION - - - -- TRANSPORTATION CLASS REFUND FOODIE FUN GRNT REIMB REFUND FACILITY REG INTERN TRAINING ISP ANNUAL SERVICES CAFR REPORT BATTEN REPAIRS JANITORIAL SERVICES JULY LIVE SCAN OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES ONTRAC AMOUNT 0.00 1112201 DELIVERY CHARGES ORCHARD SUPPLY 6246202 FACILITIES SUPPLIES PACIFIC GAS & ELECTRIC 2515302 MCCARTYSVILLE PACIFIC GAS & ELECTRIC 2525302 PRIDES CROSSING PACIFIC GAS & ELECTRIC 2555302 TRICIA WOODS PACIFIC GAS & ELECTRIC 2715302 BEAUCHAMPS PACIFIC GAS & ELECTRIC 2725302 BELLGROVE CIRCLE PACIFIC GAS & ELECTRIC 2745302 HORSESHOE DR PACIFIC GAS & ELECTRIC 2755302 QUITO LIGHTING PACIFIC GAS & ELECTRIC 6246202 BUILDINGS PACIFIC GAS & ELECTRIC 1115201 TRAFFIC SIGNALS PACIFIC GAS & ELECTRIC 1115301 PARKS /OPEN SPACE PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING PACIFIC GAS & ELECTRIC 2325302 AZULE LIGHTING PACIFIC GAS & ELECTRIC 2335302 SARAHILLS LIGHTING PACIFIC GAS & ELECTRIC 1115201 CITY WIDE ST LIGHTS PACIFIC GAS & ELECTRIC 1115301 PARKS /OPEN SPACE PACIFIC GAS & ELECTRIC 2315302 VILLAGE LIGHTING PACIFIC GAS & ELECTRIC 2735302 GATEWAY SERVICE PACIFIC GAS & ELECTRIC 6235202 NATURAL GAS VEHICLE PACIFIC GAS & ELECTRIC 1115201 CITYWIDE ST LIGHTS lLt SALES TAX AMOUNT 0.00 140.00 0.00 18.00 0.00 16.00 0.00 500.00 0.00 25.76 0.00 739.96 0.00 600.00 0.00 1,819.00 0.00 418.00 0.00 20.00 0.00 82.30 0.00 68.49 0.00 56.81 0.00 207.60 0.00 12.30 0.00 96.10 0.00 20.11 0.00 24.58 0.00 9.86 0.00 54.02 0.00 443.67 0.00 10.01 0.00 808.36 0.00 9,192.54 0.00 1,172.91 0.00 889.76 0.00 2,265.98 0.00 245.24 0.00 256.96 0.00 1,147.33 0.00 16,541.33 0.00 8.50 0.00 502.40 0.00 64.62 0.00 39.92 0.00 16.00 0.00 631.44 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 09/10/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:06:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130910 00:00:00.000' ACCOUNTING PERIOD: 3/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 123804 09/10/13 1092 11111 123804 09/10/13 1092 11111 123804 09/10/13 1092 11111 123804 09/10/13 1092 11111 123804 09/10/13 1092 TOTAL CHECK 0.00 219.25 11111 123805 09/10/13 326 11111 123805 09/10/13 326 11111 123805 09/10/13 326 11111 123805 09/10/13 326 TOTAL CHECK 0.00 20,303.26 11111 123806 09/10/13 393 11111 123806 09/10/13 393 TOTAL CHECK 0.00 178.02 11111 123807 09/10/13 500 11111 123808 09/10/13 64 11111 123809 09/10/13 1088 11111 123810 09/10/13 87 11111 123810 09/10/13 87 11111 123810 09/10/13 87 11111 123810 09/10/13 87 TOTAL CHECK 11111 123811 09/10/13 98 11111 123812 09/10/13 729 11111 123812 09/10/13 729 11111 123812 09/10/13 729 11111 123812 09/10/13 729 11111 123812 09/10/13 729 11111 123812 09/10/13 729 TOTAL CHECK 11111 123813 09/10/13 236 11111 123814 09/10/13 1077 11111 123814 09/10/13 1077 11111 123814 09/10/13 1077 TOTAL CHECK 11111 123815 09/10/13 308 11111 123816 09/10/13 500 11111 123817 09/10/13 901 11111 123817 09/10/13 901 VENDOR - - -- --- - - - - -- BUDGET UNIT PALACE ART & OFFICE SUPP 1113101 PALACE ART & OFFICE SUPP 6223201 PALACE ART & OFFICE SUPP 1113301 PALACE ART & OFFICE SUPP 1113101 PALACE ART & OFFICE SUPP 1116101 PONY EXPRESS TACK 1116201 PONY EXPRESS TACK 6246202 PONY EXPRESS TACK 1116101 PONY EXPRESS TACK 1116201 REED & GRAHAM, INC 4119111 -001 REED & GRAHAM, INC 4119111 -001 ROBERT EDWARDS 1118301 ROYAL BRASS, INC 6235202 RUUD LIGHTING, INC. 1115301 SAN JOSE WATER COMPANY 6246202 SAN JOSE WATER COMPANY 1115301 SAN JOSE WATER COMPANY 2765302 SAN JOSE WATER COMPANY 1115301 SARATOGA CHAMBER OF COMM 1118301 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SOLECTRIC ELECTRICAL 1115301 SUNNYVALE BUILDING MAINT 1115301 SUNNYVALE BUILDING MAINT 1115301 SUNNYVALE BUILDING MAINT 1115301 TESTING ENGINEERS 4129222 -002 VIJI MANI 111 WAXIE SANITARY SUPPLY 6246202 WAXIE SANITARY SUPPLY 6246202 59 DESCRIPTION OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES FACILITIES SUPPLIES FACILITIES SUPPLIES FACILITIES SUPPLIES FACILITIES SUPPLIES STREETS SUPPLIES STREETS SUPPLIES FOODIE FUN GRNT REIMB EQUIPMENT SUPPLIES COM CTR BOLLARDS BUILDINGS PARKS /OPEN SPACE TOLLGATE MEDIANS /PARKWAYS SARATOGA NEWS AD INSTRUCTOR -DANCE INSTRUCTOR -DANCE INSTRUCTOR -DANCE INSTRUCTOR -DANCE INSTRUCTOR -DANCE INSTRUCTOR -DANCE LANDSCAPE REPAIRS AUG CLN PICNIC TABLES AUG MON SERVICE AUG WKND PRK MNTC HAKONE GARDENS DRIVEWA REFUND FACILITY JANITORIAL SUPPLIES JANITORIAL SUPPLIES SALES TAX AMOUNT 0.00 21.27 0.00 21.53 0.00 32.60 0.00 89.70 0.00 199.34 0.00 364.44 0.00 306.89 0.00 470.66 0.00 134.74 0.00 44.91 0.00 957.20 0.00 219.25 0.00 353.66 0.00 572.91 0.00 19.00 0.00 36.07 0.00 779.31 0.00 1,568.98 0.00 16,563.75 0.00 83.86 0.00 2,086.67 0.00 20,303.26 0.00 918.00 0.00 96.60 0.00 91.08 0.00 191.82 0.00 95.91 0.00 178.02 0.00 311.54 0.00 964.97 0.00 332.50 0.00 198.00 0.00 875.00 0.00 715.00 0.00 1,788.00 0.00 1,350.00 0.00 500.00 0.00 72.95 0.00 1,945.02 SUNGARD PUBLIC SECTOR PAGE NUMBER: DATE: 09/10/2013 CITY OF SARATOGA ACCTPA21 TIME: 12:06:24 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date= '20130910 00:00:00.000' ACCOUNTING PERIOD: 3/14 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT -------- - - - - -- VENDOR - - -- --- - - - - -- BUDGET UNIT - - - -- DESCRIPTION - - - - -- SALES TAX AMOUNT TOTAL CHECK 0.00 2,017.97 11111 123818 09/10/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 534.75 11111 123818 09/10/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 356.25 11111 123818 09/10/13 1127 YANG YANG LYON 1116101 INSTRUCTOR -DANCE 0.00 281.25 TOTAL CHECK 0.00 1,172.25 11111 123819 09/10/13 447 ZEE MEDICAL SERVICE 1114101 FIRST AID SUPPLIES 0.00 33.60 11111 123819 09/10/13 447 ZEE MEDICAL SERVICE 1116101 ICE PACKS 0.00 14.14 TOTAL CHECK 0.00 47.74 TOTAL CASH ACCOUNT 0.00 206,548.55 TOTAL FUND 0.00 206,548.55 TOTAL REPORT 0.00 206,548.55 5 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DIRECTOR: Mary Furey SUBJECT: Treasurer's Report for the Month Ended July 31, 2013 RECOMMENDED ACTION Review and accept the Treasurer's Report for the month ended July 31, 2013. REPORT SUMMARY California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2 -20, Section 2- 20.035 designates the City Manager as the City Treasurer. 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 transaction data 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 July 31, 2013, the City had $198,237 in cash deposit at Comerica bank, and $15,321,196 on deposit with LAIF. Council Policy on Working Capital 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 July 31, 2013 is $15,519,433 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 198,237 Deposit with LAIF $ 15,321,196 Total Unrestricted Cash $ 15,519,433 61 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance — which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash $ 15,519,433 Plus: Assets 674,960 Less: Liabilities (1,380,916) Ending Fund Balance $ 14,813,477 Fund Balances Designations In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard left unchanged the total amount reported as fund balance, but substantially altered the categories and terminology used to describe its components. The new categories and terminology focus, not on financial resources available for appropriation, but on the extent to which the government is bound to honor constraints on the specific purpose for which the amounts in the fund can be spent. The components of fund balance are now categorized as follows: "non- spendable fund balance ", resources that are inherently non - spendable from the vantage point of the current period; "restricted fund balance ", resources that are subject to external enforceable legal restrictions; "committed fund balance ", resources whose use is constrained by limitations that the government imposes upon itself at its highest level of decision making and remain binding unless removed in the same manner; "assigned fund balance ", resources that reflects a government's intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and "unassigned fund balance ", net resources in excess of what can properly be classified in one of the other four categories. Currently, the City's fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. 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 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 62 ATTACHMENTS A — Change in Total Fund Balances by Fund under GASB 54 B — Change in Total Fund Balances by CIP Project C — Change in Cash Balance by Month D — Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 63 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Increase/ Balance (Decrease) Current Current Fund Balance FundDescri 'on 7/1/13 Jul Revenue Expenditure Transfers 7/31/13 General Fund Restricted Fund Balances: Environmental Services 463,182 - - - 463,182 Committed Fund Balances: Hillside Stability 675,000 - - - 675,000 Assigned Fund Balances: Capital Projects & Efficiency Reserve 418,714 - - - 418,714 Facility Reserve 300,000 - - - 300,000 Unassigned Fund Balances: Working Capital 2,914,426 - - - 2,914,426 Fiscal Uncertainty 1,500,000 - - - 1,500,000 Development Services 667,233 - - - 667,233 Compensated Absences 200,000 - - - 200,000 Other Unassigned (Pre YE distribution) 2,799,827 - 324,545 1,514,421 1,609,951 General Fund Total 9,938,382 - 324,545 1,514,421 - 8,748,506 Special Revenue Landscape /Lighting Districts 621,947 - (131) 44,429 - 577,388 Capital Project Street Projects 1,239,287 - - 19,899 - 1,219,388 Park and Trail Projects 1,003,348 - 62,100 - - 1,065,448 Facility Projects 260,858 - - - - 260,858 Administrative Projects 191,039 - - - - 191,039 Tree Fund Projects 45,700 - 16,100 6,075 - 55,726 CIP Grant Street Projects 335,281 - - 1,026 - 334,255 CIP Grant Park & Trail Projects (161,107) - - - - (161,107) CIP Grant Facility Projects - - - - - - CIP Grant Administrative Projects - - - - - - Gas Tax Fund Projects 486,222 - 66,146 - - 552,367 Debt Service Library Bond 885,757 - 154 688,968 - 196,943 Internal Service Fund Liability /Risk Management 230,059 - 93,750 253,422 - 70,387 Workers Compensation 293,720 - 50,000 48,513 - 295,206 Office Support Fund 24,021 - 14,755 1,842 - 36,934 Information Technology Services 281,284 - 100,000 48,715 - 332,569 Equipment Maintenance 10,427 - 62,500 31,085 - 41,843 Building Maintenance 184,901 - 206,250 56,539 - 334,612 Equipment Replacement 442,088 - 50,000 - - 492,088 Technology Replacement 156,318 - 13,750 1,040 - 169,027 Total City 16,469,530 - 1,059,919 2,715,973 - 14,813,477 ATTACHMENT B FUND BALANCES BY CIP PROJECT 65 Fund Increase / Fund Balance (Decrease) Current Current Balance CIP Funds /Projects 7/1/13 Jul Revenue Expenditure Transfers 7/31/13 Street Projects Annual Street Resurfacing 304,167 9,998 294,169 Roadway Safety & Traffic Calming 32,659 9,881 22,778 Highway 9 Safety Project- Phase ll(Ped Paths) 18,134 - 18,134 Highway 9 Safety Project - Phase III (Bicycles) 24,513 20 24,493 Highway 9 Safety Project - Phase IV 90,000 90,000 Fruitvale Ave Medians 15,908 15,908 Village LID Streetlights 5,482 5,482 Annual Sidewalks Project 31,336 31,336 E1 Quito Area Curb Replacement 37,553 37,553 Village-Streets cape Improvements 153,121 153,121 Village -Phase H Design 13,363 13,363 Village -Phase II Construction 221,333 221,333 Fourth Street Bridge 100,000 100,000 Quito Road Bridge Replacement Design 90,593 90,593 Parking District #3 Hillside 2,380 2,380 Underground Project 98,744 98,744 Total Street Projects 1,239,287 19,899 1,219,388 Parks & Trails Projects Park/Trail Repairs 6,571 - 6,571 Playground Safety Equipment 20,078 20,078 Park Restroom Improvements 39,929 39,929 Blaney Plaza Improvements 6,527 6,527 Hakone Carden Matching Funds 250,000 250,000 Hakone Garden Retaining Wall & D/W 310,375 310,375 Hakone Carden Upper Moon House 125,000 - 125,000 Wildwood Bridge Rehab - 62,100 62,100 Saratoga to Sea Quarry Master Plan 244,868 244,868 Total Parks & Trails Projects 1,003,348 62,100 1,065,448 Facility Projects Facility Projects 19,241 - 19,241 Security Locks 40,000 40,000 City Hall Emergency Power Backup 87,455 87,455 City Hall Emergency EVAC Plan Sign 1,108 1,108 Wainscoting Rehabilitation 588 588 Theater Improvement 44,881 44,881 Civic Theater Master Plan 60,000 60,000 WHH Furniture & Equipment 2,914 2,914 McWilliams House Improvements 3,703 3,703 Library Building Exterior Maintenance Projects 970 970 Total Facility Projects 260,858 260,858 Administrative Projects Financial System Upgrade 3,534 3,534 PW Document Imaging Project 67,436 67,436 CDD Document Imaging Project 22,121 22,121 CMO Document Imaging Project 17,528 17,528 Village Fagade Program 8,821 8,821 Business Development Incentive Program 21,600 21,600 Risk Management Project Funding 50,000 50,000 Total Administrative Projects 191,039 191,039 Tree Fund Projects Citywide Tree Planting Program 22,826 16,100 6,075 32,851 Tree Dedication Program 21,125 - - 21,125 SMSCF Tree Donation Program 1,750 - - 1,750 Total Tree Fund Projects 45,700 16,100 6,075 55,726 CIP Grant Street Projects 335,281 - 1,026 334,255 CIP Grant Park & Trail Projects (161,107) - (161,107) CIP Grant Facility Projects CIP Grant Administrative Projects - - - Gas Tax Fund Projects 486,222 66,146 - 552,367 Total CIP Funk 3,400,627 144,346 27,000 3,517,974 65 $20,000,000 $15,000,006 $10,000,000 $5,000,000 ATTACHMENT C CASH BALANCE BY MONTH Cash Balance $0 August -12 September -12 October -12 November -12 December -12 January -13 February -13 March -13 April -13 May -13 Jure -13 luly -13 •• ATTACHMENT D Local Agency Investment Fund Quarterly Apportionment Rates 1977 March 5.68 June 5.78 September 5.84 December 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.281 0.24 67 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director SUBJECT: Agreement Concerning Joint Use of Campbell Union High School District Property (Prospect High School) RECOMMENDED ACTION: Approve Joint Use Agreement with Campbell Union High School District for use of District Property and authorize the City Manager to execute the same. REPORT SUMMARY: Background The rapid growth in the popularity of youth soccer and other field sports resulted in a shortage of play space in Saratoga especially for games. The City lacked the space to match the need, so cooperative agreements were pursued for the use of school facilities such as West Valley College and Prospect High School. In 2006, the City and the Campbell Union High School District entered into a Joint Use Agreement for use of their facilities at Prospect High School for an initial term of 2 years. In 2008, the agreement was extended for an additional 5 years ending this year. Discussion The collaborative relationship built over the past 7 years between the City and the Campbell Union High School District has brought real benefits to both parties. The following list provides a summary of the major agreement points that are contained in the Joint Use Agreement: 1. Provides City access to field facilities at Prospect High School for use on Saturdays and Sundays. 2. Provides periodic after school monitoring of Prospect High School by the Santa Clara County Sheriff Office. 3. Provides revenue to District in the amount of $35 per hour for use of their facilities. 4. 5 year agreement with a 5 year automatic renewal stipulation. Page 1 of 2 .: 5. Provides ample parking at no additional cost. 6. Allows scheduled practices (other than Sundays or Saturdays) on play fields at a rate $35 per hour. 7. Provides portable restroom facilities (associated costs to be transferred to City sanctioned user groups). The most significant change from the previous agreement is the addition of a custodial fee of $34.50 per hour based on the amount of time necessary to monitor the facility during usage. The new fee will be spread proportionately to each group. It is therefore recommended that City Council approve a Joint Use Agreement with Campbell Union High School District property and authorize the City Manager to execute the same. FISCAL IMPACTS: The cost of hourly rental of the fields, administration costs, custodial costs, and portable restroom rental fees will be passed on to user groups via separate agreement(s) with the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Joint Use Agreement would not be approved and access to Prospect High School field facilities would not be allowed. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The agreement will be executed with the District. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Joint Use Agreement Page 2 of 2 .• l2COPY JOINT USE AGREEMENT BETWEEN THE CITY OF SARATOGA AND THE CAMPBELL UNION HIGH SCHOOL DISTRICT THIS AGREEMENT, dated , ( "Effective Date ") by and between THE CITY OF SARATOGA, a municipal corporation ( "City "), and CAMPBELL UNION HIGH SCHOOL DISTRICT, ( "District "), is made with reference to the following facts: A. Whereas, the District is owner of an educational facility, located on Prospect Road, known as Prospect High School ( "the High School "), in which the District has constructed facilities, including grass playfield(s), turf field(s), baseball /softball. fields, and parking areas that are the subject of this agreement and shown on Exhibit "A" (collectively "Use Area "). B. Whereas, by entering into this Agreement, the community will benefit by having access to the Use Area for City organized events, and the District will benefit by the City sharing in costs of the Use Area. C. Whereas, the City and District desire to execute this Agreement to establish their respective rights and obligations concerning the use and maintenance of the Use Area as expressly permitted by Education Code section 10900 et seq. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall become effective upon execution by the parties for a term of five (5) years and may be renewed on the same conditions for an additional five (5) year term. Z. Time and Terms of Use. a. During the term of this Agreement the City shall have the right to use the Use Area shown on Exhibit A on the days and times shown on Exhibit B ( "Use Periods ") and at such other days and times as may be mutually agreed upon by District and City, as long as such City use does not interfere with use by the District of the Use Area. b.. Within 30 days of the Effective Date of this Agreement and by June 1st of each year after, the City shall inform the District as to (a) the anticipated specific starting and ending dates of its use of the Use Area and (b) the schedule for games and practices during the Use Periods shown on Exhibit B. Such notice shall be furnished by the City at least thirty (30) days prior to the commencement of the Use Period and shall be adopted unless the City scheduled. use of the Use Area interferes with the District's use of these facilities. If the City proposes Use Periods in addition to those shown on Exhibit B, the City and District shall memorialize their agreement on mutually agreeable dates in the form of a letter agreement signed by the City Public Works Director (or the Director's designee) on -behalf of the City and the Assistant Superintendent of Business Services or designee. c. During Use Periods the City shall be entitled to the exclusive use of the grass . playfield(s), turf field(s), baseball /softball fields, and shared use of the parking 005175.00001/105635v2 {SR041955000)Page 1 of 6 70 3. 005175.00001/105635v2 areas. Use of the parking area shall be subject to regular parking regulations. At all other times, the Use Area shall remain open for use by the District: City may authorize use of the Use Area pursuant to this Agreement by third parties ( "Third Party Users ") in a manner consistent with the Civic Center Act (Educ. Code § 38130 et seq.), operating pursuant to a City permit or agreement only if such use by Third Party Users is scheduled by the City in Exhibit B and approved by Assistant Superintendent of Business Services or designee. Any permit or agreement between City and Third Party Users related to the Use Area shall incorporate the terms and obligations of the City in this Agreement. City and District agree that use of the Use Area by organized youth sports groups such as American Youth Soccer Organization, De Anza Youth Soccer League, Saratoga Little League, West Valley Youth Soccer League, and West Valley Youth Lacrosse Club is consistent with the Civic Center Act. Responsibilities of City. City shall: a. Monitor High School grounds via periodic patrols by County Sheriffs. b. Ensure Third Party Users follow appropriate turf field maintenance practices including: i. Prohibition of all liquids on the artificial turf field and track with the exception of drinking water. ii. No food of any kind on the artificial turf field and track including sunflower seeds. iii. No chairs, tables, or furniture of any kind are allowed on the artificial track. iv. No cleats of any kind on the artificial track. . v. District's Administrative Regulation (AR) 7114 Care and Use of Site Facilities A. District's AR 3513.2 Parking vii. Other appropriate District and City Regulations c. Provide portable restroom facilities (including scheduled sanitation service) for use by City and Third Party Users. City shall lock these restroom facilities following each use of the Use Area and unlock the restroom facilities at the commencement of each use unless otherwise directed by the District. d. Clean up litter and debris after each use of the Use Area and deposit of all garbage in District trash containers located at each facility in the Use Area. e. A District custodian shall be reserved to monitor facility use per District Facility Request Procedures. f. Unauthorized use of the Use Area by City or Third Party Users may result in a penalty as follows: 1S` Penalty during season: No use of the Use Area for one week. 2 "d Penalty during season: No use of the Use Area for one month. {SR041955.Doc }Page 2 of 6 71 3`d Penalty during season: No use of the Use Area for' the remainder of the season. 4. Responsibilities of District. District shall: a. Remove trash from the trash containers located in the Use Area and clean up any litter and debris on turf field preceding use of turf field by City. b. Attend a pre- season meeting with City for a preseason inspection of the Use Area at least 30 days prior to the beginning of the Use Period. c. Provide routine maintenance of the Use Area. Nothing in this Agreement requires the District to provide a new or upgrades to the Use Area. The parties understand that the Use Area is subject to normal wear and tear. 5. Service charge. a. In consideration for the use of the facilities in the Use Area and the in -kind value of maintenance assistance by the District, the City shall pay a service charge to the District in the amount of $35.00 per hour or portion thereof per each facility in the Use Area that is used by City or City Third Party Users ( "Use Fee "). The Use Fee shall not apply to days cancelled due to inclement weather. b. Custodial time will be charged for actual time necessary to monitor the facility during usage. The City shall pay a service charge to the District in the amount of $34.50 per hour that is used by City or City Third Party Users ( "Custodial Fee "). The Custodial Fee shall not apply to days cancelled due to inclement weather. c. City shall pay an estimated Use Fee each year no later than July 1 based on the estimated use level expected between July 1 and the following June 30.- The estimated Use Feb shall include a credit for any excess payments made for the prior year and shall include an additional payment for the amount of any charges incurred beyond the estimate for the prior year. 6. Legal Responsibility /Insurance. a. City and District agree to indemnify, defend and hold harmless the other party and its respective trustees or directors, agents, officers, employees, governing boards and board members from and against any and all claims, demand, lawsuits or other proceedings, bodily injury, property damages, personal injury and. other liabilities and damages, including attorney's fees and costs, arising out of -the indemnifying party's alleged or actual omission, act or negligence in the performance or failure to perform its obligations under this Agreement. The indemnity, defense and hold harmless obligations herein set forth shall survive the termination of this Agreement for any alleged or actual omission, act or negligence in the performance or failure to perform its obligations under this Agreement that occurred during the term of this Agreement. 005175.00001h05635v2 tsa041955,DOC}Page 3 of 6 72 b. Each party shall maintain comprehensive general liability or self- insurance with limits of not less than two million dollars ($2,000,000) combined single limit for bodily injury and property damages, written on an occurrence basis which insurance shall be primary for any acts or omissions of the insured party and /or its officers, employees, agents, governing board and board members. District and City shall provide each other with Certificates of Insurance, naming the other as additional insured under their respective policies or self- insurance to the extent that the conduct giving rise to the claim is the responsibility of the other party under the terms of this Agreement. Each Party shall promptly notify the other of any claim or of any occurrence which the Party reasonably believes may give rise to a claim against either Party arising out of the administration or management of the facilities or the programs conducted by City at the property described in Exhibit A. 7. Contract Administration. a. This Agreement shall be administered on behalf of City by the Public Works Director. b. This Agreement shall be administered on behalf of District by the Assistant Superintendent, Business Services. 8. Termination. The District may terminate this agreement after 60 days' notice if the District determines, in its sole discretion, at any time during the term of the agreement if the Use Area, or any part of it, is needed for District activities. District may also terminate this agreement in the event of a material breach by City which breach has not been cured by City within 90 days of notice from District of the breach. At the end of the first year only, District may terminate for any reason whatsoever by giving 60 days written notice to City prior to the end of the first year of the agreement. 9. Notices. All notices. or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier directed to the address specified below. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. Notices to City shall be sent to: John Cherbone Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1241 Fax: (408) 868 -1281 00.5 175.00001/105635v2 (sR041955.DOC)Page 4 of 6 73 With a copy to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Phone: (408) 868 -1269 Fax: (408)868 -8559 Notices to District shall be sent to: Campbell Union High School District Ron Wheelehan Assistant Superintendent, Business Services 3235 Union Avenue San Jose, CA 95070 Phone: (408) 371 -0960 10. Successors and assigns. City shall not assign any of its rights or obligations under this Agreement without the express written authorization of the District. District approval of Third Party Users pursuant to section 2.c of this Agreement shall satisfy this requirement for the purposes of assigning rights of use to Third Party Users. This Agreement shall inure. to the benefit of and shall be binding upon the successors and assigns of the parties hereto. 11. Integration. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms. 12. Amendments. This Agreement cannot be changed or supplemented orally and may be modified or superseded only by written instrument executed by both parties. 13. Interpretation. Each of the Parties acknowledges and agrees that this Agreement is an accord and satisfaction to be construed as a whole according to its fair meaning and not in favor of nor against any of the Parties as draftsman or otherwise. 14. Forum. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in Superior Court of the State of California, County of Santa Clara. 15. Choice of Law. This Agreement shall be governed by and interpreted under the laws of California applicable to instruments, persons, transactions and subject matter which have legal contacts and relationships exclusively within the State of California. 16. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original of the Agreement. Facsimile signature pages transmitted to other 00S175.00001/105635v2 . {SR041955.DOC)Page 5 of 6 74 Parties to this Agreement shall be deemed equivalent to original signatures on counterparts. 17. Governing Board Annroval or Ratification. This Agreement will become binding and effective only upon approval or ratification by the District's Governing Board. 18. Authority, Each signatory hereto hereby represents and warrants that he or she is duly authorized to enter this Agreement on behalf of the entity to be bound by this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last signed below. CAMPBELL UNION HIGH SCHOOL DISTRj�, DATED: 2� J? By: .� Patrick K. Gaffney, Sup inten e ht DATED: DATED: CITY OF SARATOGA Dave Anderson, City Manager APPROVED AS TO FORM: RICHARD S. TAYLOR Attorney for City of Saratoga 005175.00001/105635v2 {sR041955.Doc}Page 6 of 6 75 EXHIBIT 9A" P ' r � N _ 2 P Prospect , l g Ir mat IM 17Z 4 � {i4m t^v9 'rte + 'd f (� 77 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 DEPARTMENT: Community Development PREPARED BY: Christopher Riordan, AICP AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Review the Housing Element Progress Report & Consider Recommendations from the Finance Subcommittee BACKGROUND: Section 65400 of the California Government Code requires the City to file an annual report with the State Department of Housing and Community Development (HCD) addressing the progress made toward implementing the policy actions contained within the current General Plan Housing Element. SUMMARY: The attached report includes statistics describing the City's accomplishments toward achieving its share of the 2007 -2014 Regional Housing Needs allocation, together with a status report on the implementation of the Housing Element programs and policies. The City has completed all but nine of the twenty -six actions "necessary to address present and future housing needs and meet the specific requirements of State law," which we hope to complete by the end of the calendar year. Three of those actions required consideration of financial incentives to: 1) Encourage Efficient Use of Energy Resources in Residential Development (Policy Action 4 -1.5) 2) Encourage and Facilitate Lot Consolidation (Policy Action 4 -1.7) 3) Review In -Lieu Park Facilities Fee for Affordable Housing Development (Policy Action 4- 1.8) The City Council Finance Subcommittee reviewed possible implementing strategies for the above policies and made the following recommendations: 1) Waive the Energy Calculation Review fee for all new deed restricted affordable housing units that meet CALGreen requirements. (Policy Action 4 -1.5) 2) Waive application costs associated with lot mergers, in an amount not to exceed $5,000, for projects that provide a minimum of 20% deed restricted units affordable to low and very - low income households. (Policy Action 4 -1.7) 3) Consider waiving the park in -lieu fee for all new deed restricted units affordable to low and very -low income seniors. (Policy Action 4 -1.8) Table B of the report includes the City's RHNA allocation per income level and the total number of new housing units constructed in Saratoga from 2007 -2012. Of the total 292 housing unit allocation, the city has added 32 new housing units to its housing stock since 2007. This includes 11 new secondary dwelling units in the low income category, three in the moderate income W category, and 18 in the above moderate category. No units were added for the very low or extremely low income categories. The report only includes new housing units and does not include the construction of replacement home as these homes do not add to the City's net housing stock. In addition, the recently constructed 20 townhomes at 14234 Saratoga - Sunnyvale Road (Creekside Development) do not add to the City's housing stock as 20 apartment units previously existed on the site. RECOMMENDED ACTION: Direct staff to: (1) forward the report to HCD; and (2) include the recommendations of the Finance Subcommittee in the 2014 update to the City's Fee Schedule. ALTERNATIVE ACTION: Provide direction on modifications to the Annual Element Progress Report and /or the recommendations of the Finance Subcommittee. ATTACHMENTS: 1. Annual Element Progress Report 79 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 Table A Annual Building Activity Report Summary - New Construction Very Low -, Low -, and Mixed - Income Multifamily Projects Housing Development Information Housing with Financial Assistance and /or Deed Restrictions Housing without Financial Assistance or Deed Restrictions 1 2 3 4 5 5a 6 7 8 Project Identifier (may be APN No., project name or address Unit Category Tenure R= Renter O =Owner Affordability by Household Incomes Total Units per Project Est. # Infll Units* Assistance Programs for Each Development p Deed Restricted Units Note below the number of units determined to be affordable without financial or deed restrictions and attach an explanation how the jurisdiction determined the units were affordable. Refer to instructions. Very Low- Income Low- Income Moderate- Income Above Moderate- Income See Instructions See Instructions 14257 Douglas Ln. SU O 1 1 1 DR 14815 Three Oaks Ct. SU O 1 1 1 DR 12872 Pheasant Ridge SF O 1 1 1 20381 Williams Ave SF O 1 1 1 2 (9) Total of Moderate and Above Moderate from Table A3 ► Ill 0 2 (10) Total by income Table A/A3 ► ► 1 1 2 1 1 4 6 4 El (11) Total Extremely Low - Income Units* * Note: These fields are voluntary E:1h Attachment 1 page 1 of 8 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 Table A2 Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65583.1(c)(1) Please note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to accommodate a portion of its RHNA whichmeet the specific criteria as outlined in GC Section 65583.1(c)(1) * Note: This field is voluntary Table A3 Annual building Activity Report Summary for Above Moderate- Income Units (not including those units reported on Table A) Affordability by Household Incomes Activity Type (4) The Description should adequately document how each unit complies with Extremely 7. 1. 2. 3. Low Very Low- Low- TOTAL subsection (c )(7) of Government Code Section 65583.1 Income* Income Income UNITS Number of (1) Rehabilitation Activity 0 2 - 4 Units 5+ Units (2) Preservation of Units At -Risk 0 0 Total (3) Acquisition of Units (5) Total Units by Income 0 0 0 0 * Note: This field is voluntary Table A3 Annual building Activity Report Summary for Above Moderate- Income Units (not including those units reported on Table A) * Note: This field is voluntary 1.011 Attachment 1 page 2 of 8 7. 1. 2. 3. 4. 5. 6. Number of Single Family 2 - 4 Units 5+ Units Second Unit Mobile Homes Total infill units* No. of Units Permitted for 0 Moderate No. of Units Permitted for 2 2 2 Above Moderate * Note: This field is voluntary 1.011 Attachment 1 page 2 of 8 Attachment 1 page 3 of 8 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability Enter Calendar Year starting with the first year of 2007 2008 2009 2010 2011 2012 2013 2014 Total the RHNA allocation period. See Example. Total Units to Date (all years) Remaining RHNA by Income RHNA Year Year Year Year Year Year Year Year Year Income Level Allocation by 1 2 3 4 5 6 7 8 9 Level Income Level Deed Restricted Very Low 90 90 Non -deed restricted Deed 4 2 2 2 10 Low 68 57 Non -deed restricted 1 1 Deed Moderate Restricted 77 74 Non -deed 1 1 1 3 restricted Above Moderate 57 2 6 5 2 1 2 18 39 Total RHNA by COG. Enter allocation number: 292 3 7 11 4 3 4 32 260 Total Units ► ► ► Remaining Need for RHNA Period ► ► ► ► ► Note: units serving extremly low- income households are included in the very low- income permitted units totals. Attachment 1 page 4 of 8 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 Table C Program Description Housing Programs Progress Report - Government Code Section 65583. (By Housing Element Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element. Name of Program Objective Timeframe Status of Program Implementation in H.E. Policy Action 4 -1.1: Amend Mixed Use Amend Mixed -Use Overlay Amend Win Mixed -Use Standards were amended on 7 April 2010 per Overlay Standards Stardards 2 Yrs Ordinance No. 277 (Housing Element Implementation Ordinance Policy Action 4 -1.2: Amend Odd Fellows Amend Odd Fellows Retirement Amend W /in Planning Commission is scheduled to review and amend the Retirement Community Use Permit Community Use Permit 2 Yrs Odd Fellows Use Permit in October 2013 A 3.75 acres area on Prospect Road near Lawrence Policy Action 4 -1.3: Provide for Adequate Rezone a miminum 3.75 acres to Establish Expressway was rezoned C -N (RHD) to allow multifamily Site for Housing Development permit residential development Win 1 Yr development by right at a minimum standard of 20 du /ac on 7 by right April 2010 per Ordinance No. 277 (Housing Element Implementation Ordinance) Policy Action 4 -1.4: Continue to Implement Continue Density Bonus The Community Development Department continues to Density Bonus Ordinance Ordinance Implementation Ongoing implement Article 15 -81 (Housing Density Bonus) of the City Code Policy Action 4 -1.5: Encourage Efficient Investigate City Council will consider a waiver of the Energy Use of Energy Resources in Residential Increased Energy Efficiency & Develop Calculation Review fee for all deed restricted affordable Development W /in 1 Yr/ housing units that meet CALGreen requirements. ongoing Investigate The City ensures that all new buildings comply with the City's & Develop Policy Action 4 -1.6: Encourage Green Increased Green Building W /in 1 Yr/ Green Building Regulations and complinace with all Building Practices in Home Construction Practices mandatory measures in accordance with the California Green ongoing Building Standards thereafter The City Council will consider a waiver of the application Policy Action 4 -1.7: Encourage and Encourage and Facilitate Lot Review Win costs associated with lot mergers, in an amount not to exceed Facilitate Lot Consolidation Consolidation in Identified 1 Yr $5,000, for projects that provide a minimum of 20% deed Candidate Sites restricted units affordable to low and very -low income Policy Action 4 -1.8: Review In -Lieu Park Review In -Lieu Park Facilities Review Win The City Council will consider a waiver of the park in -lieu fee Facilities Fee for Affordable Housing Fee for Affordable Housing 1 Yr for all new deed restricted units affordable to low and very-low Development Development income seniors. Policy Action 4 -1.9: Review Multi - Family Review Multi - Family Parking Review Wlin Section 15- 35.030 (Schedule of off - street parking spaces) has Parking Requirement for Affordable Requrement for Affordable 1 Yr been amended to decrease parking requirements for senior Housing Development Housing Development and student housing. E.0191 Attachment 1 page 5 of 8 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 E.&I I Provide Funds and refer Annually Policy Action 4 -2.1: Housing Rehabilitation residents to the County of Santa provide Community Development Block Grant (CDBG) funds are no Program Clara's Housing Rehabilitation funds/ longer available from the County of Santa Clara for this Program annual program. referrals Provide information about Community Development Block Grant (CDBG) funds are no Policy Action 4 -2.2: Code Enforcement rehabilitation programs on an Ongoing longer available from the County of Santa Clara for this idividual basis, as needed. program. Policy Action 4 -3.1: Maintain Community The Community Development Department is currently Design Maintain Community Character Ongoing updating the Single Family Design Guidelines with scheduled completion in October 2013 Revise Mixed -Use Standards were amended on 7 April 2010 per Policy Action 4 -3.2: Encourage Mixed -Use Promote the Saratoga Village Zoning Ordinance No. 277 (Housing Element Implementation Development in Saratoga Village for Mixed -Use Development Code Win 1 Ordinance) Yr Continue Implementation of The Community Development Department continues to Policy Action 4 -3.3: Preserve the Saratoga Saratoga Village Design Ongoing distribute copies of the Village Design Guidelines and these Village Guidelines Guidelines are implemented during the reivew of all developments in the Village. Update The Community Development Department has reviewed Policy Action 4 -4.1: Encourage Review /Revise Second Dwelling Ordinance Article 15 -56 (Second Dwelling Units) of the City Code and has Development of Second Dwelling Units Ordinance by June decided that comprehensive revisions of the regulations 2010 would be included with the 2014 -2022 Housing Element Update. E.&I I Attachment 1 page 6 of 8 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 Develop Section 15- 35.030 (Schedule of off - street parking spaces) has Policy Action 4 -4.2: Senior Housing and Affordable Senior Housing Incetive been amended to decrease parking requirements for senior Affordable Senior Housing Development Program housing as an incentive for development Wlin 1 Yr A 3.75 acre area on Prospect Road near Lawrence Expressway Revise was rezoned C -N (RHD) on 7 April 2010 per Ordinance No. 277 Policy Action 4 -4.3: Compliance with SIB Compliance with SIB 2 Zoning (Housing Element Implementation Ordinance). This new 2 Code W /in 1 zoning district allows for emergeny shelters, transitional Yr housing, and supportive housing for homeless individuals and families. Section 15- 80.025 (Reasonable Accomodation Procedure) was Policy Action 4 -4.4: Reasonable Adopt Reasonable Adopt Wlin added to the City Code on 7 April 2010 per Ordinance No. 277 Accomodation Procedures Accomodation Procedures 1 Yr (Housing Implementation Ordinance). This section was added to the Code to comply with SIB 520. Secondary dwelling units as a source of housing for low Policy Action 4 -4.5: Development of Housing for Extremely Low- Explore income households and the City encourages their Housing for Extremely Low - Income Income Households Wlin 1 Yr development by providing a 10% increase in floor and lot Households coverage if the units are deed restricted thereby limiting their rental to below market rate Explore Opportunities to The City has contacted the West Valley College administration Policy Action 4 -4.6: Housing Opportunities Encourage Additional Local Explore and expressed the City's willingness to assist West Valley for Persons Employed in Saratoga Workforce Housing through W /in 1 Yr College in the exploration of opportunites to develop housing Community Partnerships for both students and faculty. The City maintains a list of the affordable units in the City and Policy Action 4 -4.7: Monitoring and Monitor and Preserve 170 "At- along with the County of Santa Clara Office of Affordable Preservation of Existing Affordable Risk" Units (Fellowship Plaza Ongoing Housing is prepared to ensure compliance with noticing Housing and Saratoga Court) requirements and tenant education when a notice of conversion is received. Policy Action 4 -4.8: Zoning to Encourage The Community Development Department is currently and Facilitate Single -Room Occupancy Zoning for SRO's Adopt Wlin preparing development standards for SRO housing. The C- Units (SRO's) 1 Yr N(RHD) zoning district on Prospect Road will be amended to allow for SRO housing. The Community Development Department continues to refer Continue Support of Fair all housing discrimination complaints to the Santa Clara Policy Action 4 -5.1: Promote Fair Housing Housing Efforts Ongoing County Office of Consumer affairs and continues to participate in the County's mediation program for housing descrimination issues. Policy Action 4 -5.2: Develop a The City Website includes links that direct the public to the Comprehensive Community Outreach Comprehensive Housing Implement City Code and the General Plan which includes the Housing Strategy for Housing Outreach Strategy W /in 2 Yrs Element. The City also utilizes print media, direct mailings, and social media to diseminate housing information. ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 Policy Action 4 -5.3: Partnerships with Partnership with Housing Development Community Developers Evaluate The City is prepared to cooperate with developers in the Min 1 construction of affordable housing by helping to identify Yr /Annually possible sites that could be rezoned to promote a variety of thereafter housing types, such as rental units, affordable to lower income households. In September 2012 the City added Section 15- 35.045 (Schedule Policy Action 4 -5.4: Healthy Community Promote Health Lifestyles Ongoing of bicycle parking) to the City Code which requires retail and financial uses in all commercial districts, with the exception of the C -H zoning district, to provide off - street bicycle parking. General Comments: E-010 Attachment 1 page 7 of 8 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction CITY OF SARATOGA Reporting Period 1/1/2012 - 12/31/2012 1.010 Attachment 1 page 8 of 8 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 DEPARTMENT PREPARED BY: Community Development AGENDA ITEM: CITY MANAGER: Dave Anderson Christopher Riordan, AICP DIRECTOR: James Lindsay SUBJECT: Annual City Code Update RECOMMENDED ACTION: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the attached ordinance amending various sections of the City Code and direct staff to place the ordinance on the consent calendar for adoption at the next regular meeting of the City Council. BACKGROUND: At its 2013 annual retreat, the City Council requested that the Planning Commission consider amendments to the Zoning Code and make a recommendation to the City Council and that staff consider other clean -up amendments to the Code. The attached ordinance reflects the Planning Commission's recommendations regarding the Zoning Code including staff recommendations concerning other provisions of the City Code. REPORT SUMMARY The following table summarizes the proposed changes to the Code. Chapter 4 Amendments Regarding Taxicabs Topic Current Approach and Problem Proposed Changes 1. Taxicab The City Code currently imposes numerous Staff is proposing to revise the rules to Regulation requirements on taxicab operators in the City. allow operation of any taxicab that has The City does not have a program in place to received a permit from another city or carry out the permit processing required. The county as long as the city or county City has not received complaints regarding permit system complies with applicable taxicab operators and therefore has not state laws. The ordinance retains the prioritized enforcement of this Article of the definition of taxicab from the current Code. State regulatory system :: Chapter 7 Amendments Regarding Animal Control Hearings and Outdoor Music Permits Topic Current Approach and Problem Proposed Changes 2. Hearings with Section 7- 20.120(a) states that the deadline Staff is proposing to revise the notice of the Animal Control for a hearing with the City's Animal Control hearing requirements (Section 7- Officer Officer concerning the impoundment of an 20.120(c)) to set the hearing within 7 animal shall occur within seven days after business days of a request and state that a receipt of a hearing request. This timing hearing shall occur four days after the 5. "Kitchen" deadline could mean that a hearing would Animal Control Officer has mailed or Definition have to occur on a weekend day or a holiday. hand delivered a hearing notice to the used for the cooking and preparation of food. animal owner or person requesting such This definition could define a kitchen as any hearing. 3. Outdoor Music Section 7- 30.090(b) [Outdoor Music Permits] The expiration date of City Code Section Permits expires on November 1, 2013. Staff is 7- 30- 090(b) is being extended to April 1, 6. "Site" currently preparing updates to the Noise 2014. Definition Element and Noise Ordinance to present to reference to "Mrf' as being an area that is the Planning Commission and City Council. included in Net Site Area. The City Council is expected to review these updates in January 2014. Chapter 15 (Zoning) Amendments Topic Current Approach and Problem Proposed Changes 4. Health/Fitness The list of proposed amendments includes the A definition of Health/Fitness Centers has Center addition of specific parking requirements for been added as Section 15- 06.331. Health/Fitness Centers. The City Code does not currently have a definition of Health/Fitness Centers. 5. "Kitchen" City Code Section 15 -06 -400 defines a Proposed modifications include Definition "Kitchen" as "a room designed, intended or expanding the definition of "kitchen" by used for the cooking and preparation of food. adding the requirement that either a 220 This definition could define a kitchen as any volt outlet or a natural gas connection for room in a house with a sink and or a cooking appliance be available. microwave. 6. "Site" City Code Section 15- 06.620(a)(5) "Site" Staff is proposing to remove the current Definition states that areas of a site designated as Mrf on reference to "Mrf' as being an area that is the City's Ground Movement Potential Map included in Net Site Area. are included in the definition of Net Site Area. The Mrf designation was eliminated during the recent update to the Ground Movement Safety Map. 7. Medical and The "Medical Office" definition in City Code Staff is proposing to modify the Professional Office Section 15- 06.480(c) applies to all doctors definition of Professional Office so that it Definitions and dentists including similar practitioners of includes therapists and healing arts medical and healing arts for humans. Medical professionals and other similar providers Offices are listed as a conditionally permitted as a permitted use in the C -N and C -V use in both the C -N and C -V commercial commercial zoning districts. zoning districts and are considered such due :• Topic Current Approach and Problem Proposed Changes to the potential for the creation of medical waste, odors, or noise. However, therapists, chiropractors, and similar professionals meet their clients in office type settings more similar in nature to a professional office, have a low probability of creating a "nuisance" but are still defined as a Medical Office and required to obtain a Use Permit in the C -N and C -V zoning districts. 8. Santa Clara The City Code references a specific date as Remove the current effective date of National Pollution the most current policies adopted by the Santa October 17, 2001 from the City Code and Discharge Clara Valley Urban Runoff Pollution instead refer to the "current" policies of Elimination System Prevention Program. This program is often the Santa Clara Valley Urban Runoff updated which make it impractical to include Pollution Prevention Program. a date reference in the code. 9. Subterranean The City Code does not include a definition Section 15- 06.685 "Subterranean Structures for subterranean structures such as wine Structures" would be added to the City cellars when they are located outside the Code which includes development footprint of an existing structure. standards for such structures. This type of use would not count as Floor Area but would be included in the total allowable site coverage. 10. Design Review Article 15 -44 "Wireless Telecommunications Staff is proposing to modify all Code Cross- Facilities" was added to the City Code in applicable areas of the code to change References for November 2012. This Article includes references requiring Design Review to Antenna Facilities Design Review Findings that were previously Article 15 -44 for all antenna facilities included in Article 15 -46. Certain sections of operated by a public utility for the City Code incorrectly state that Design transmitting and receiving cellular and Review is required under Article 15 -46 and other wireless communications. not Article 15 -44. 11. Updates to the City Code Sections 15- 13.050 (Hillside Staff is proposing to modify City Code City's Ground Residential) and 15- 20.050 (Residential Open Sections 15- 13.050 and 15- 20.050 to be Movement Space) limits the location of Building Sites consistent with changes to the updated Potential Map within particular geologic hazard designations Safety Element of the General Plan. as depicted on the City's Ground Movement Potential Map. Some of these designations are not consistent with recent changes to the City's Safety Element of the General Plan. 12. Exterior Side The minimum side setback area for lots in the Staff is proposing to modify City Code Setbacks for Lots Hillside Residential zoning district is 20 feet Section 15- 30.090(2) to clarify that the Zoned Hillside with no mention of an exterior side setback. interior side setbacks are 20 feet and the Residential The minimum exterior side setback for vacant exterior side setbacks are 25 feet which lots and lot created after May 18, 1992 is 25 would be consistent with the minimum feet which is inconsistent with lots that are not side setback for vacant lots in the HR vacant. zoning district. 13. Temporary City Code Section 15- 30.060(d) (Signs Section 15- 30.060(d) would be modified Special Event allowed in any zoning district without a sign thereby removing the statement that there Signs permit) states that there is a limit on the be no more than eight temporary signs number and size of temporary special event per event and no individual sign shall signs that are included with a City issued exceed ten feet in height and sixty square .E Topic Current Approach and Problem Proposed Changes Special Event Permit. Not all temporary feet in area. events are similar in scope and size and staff would like the flexibility to regulate the number and size of temporary special event signs during the Special Event Permit process. 14. Parking The City Code does not include off - street Section 15- 35.0300) "Schedule of off - Requirements for parking requirements for health/fitness centers street parking spaces" would be added to Health /Fitness such as gyms. The existing parking the City Code specifying that the off - Centers and requirement for "clubs ", such as country street parking requirements for modifications to clubs, is too restrictive and is not directly Health/Fitness Centers would be one the parking ratio applicable to health/fitness centers. space for each 150 square feet of gross for multi - family floor area. developments per The adopted 2007 -2014 Housing Element the 2007 -2014 included Policy Action 4 -1.9 that the City A definition of Health/Fitness Center has Housing Element. would consider modifications to the parking been added as Section 15- 06.331. ratio for multi - family dwellings to encourage the development of affordable housing. Section 15- 35.030(c) would be modified to state that for one - bedroom dwelling units and for housing developments occupied exclusively by students or seniors, the required parking would be one space within a garage for each dwelling unit plus one -half additional space on site. 15. Administrative Code Section 15- 45.065 includes the Code Section 15- 45.065 would be Design Review of requirements for residential building modified to state that Administrative Major Residential construction to qualify for Administrative Design Review would be required for Additions Design Review. Staff would like to clarify "Any work that would expand the floor the text of the existing requirements so that area by over fifty percent" or "Any work they are easier to comprehend by the general that would modify the footprint by over public and easier to administer by Staff . fifty percent." References to the removal, replacement, or reconstruction of structural elements would be removed. 16. Decreasing the Code Section 15- 45.070(a)(2) specifies that a Modify Section 15- 45.070(a)(2) to minimum setback boundary survey is required if new require that a boundary survey is required requiring the construction is three feet or closer to a if construction is proposed two feet or preparation of a required setback area. The building closer to a required setback area. boundary survey department requires a setback certificate from and clarifying a licensed land surveyor prior to foundation Clarify that cross sections are required for when cross sections construction. all projects regardless of location. are required. The City's development application checklist requires that all projects include architectural cross sections. The City code states that cross sections are only required on hillside lots. 17. Timing for the Code Section 15- 45.075(b) includes the Code Section 15- 45.075(b) would be installation of story requirements for the installation of "story modified to state that "story poles" are to poles and removal poles" and does not specifically state the be installed "no later than three working of height timing requirements for their installation. days prior to advertising the public certification hearing" or in the case of Administrative requirement Code Section 15- 45.075(c) requires the Design Review applications, "no later 91 Topic Current Approach and Problem Proposed Changes mandatory submission of a letter signed by than three working days prior to the the project surveyor or civil engineer Notice of Intent to Approve." certifying the accuracy of the story poles. The cost to prepare this letter can add additional Code Section would be modified to state financial costs to the applicant and may not be that story pole height certification letters required unless the height accuracy of the would be required for projects 24 feet or story poles is in question. taller in height or when requested by the Community Development Director or designated representative. 18. Replacement of Code Section 15- 45.100 allows structures that Code Section 15- 45.100 (Replacement of destroyed have been destroyed by fire, etc to be rebuilt Destroyed Nonconforming Structures) nonconforming with their previous non - conforming setbacks would be eliminated. structures. and floor area. The material is this section is repeated in Code Section 15 -65.70 thereby making Section 15- 45.100 superfluous. 19. Number of The City Code limits the number of wood Section 15- 48.030 would be modified to Fireplaces per Lot burning fireplaces to one per structure and one state that only one wood- burning per dwelling unit in multi - family projects. fireplace would be permitted per lot Both a single - family dwelling and a detached instead of one per structure. Multi- family guest house can have a wood burning projects could continue to have one fireplace and there is no limit on the number fireplace per dwelling unit. of wood burning fireplaces that can be located outside of a structure (i.e. outdoor fireplaces) These modifications would have no effect thereby allowing wood burning fireplaces to on wood burning devices used for the proliferate. preparation of food (e.g. wood burning ovens and outdoor barbeques) 20. Tree Removal The tree regulations which include the criteria Section 15- 50.080(a)(10) would be added Permits and Solar for the approval of a tree removal permit which adds a new criterion for approving Panels (Code Section 15- 50.080) do not currently a tree removal permit when the tree state that the City Arborist may approve a tree proposed for removal interferes with the removal permit for a tree that interferes with installation and efficient operation of the installation or efficient operation of solar solar panels. panels. 21. Repair or Code Section 15- 65.020 defines the type of To provide consistency to the definitions Alteration of repairs or maintenance that may be performed of both minor or major repairs and Nonconforming on nonconforming structures. The current alteration, references to construction cost Structures definition of both major and minor repairs and would be removed to be replaced with additions requires evaluations of the estimated construction valuation. cost of construction of the nonconforming structure that is subject to the work. The definition of Reconstruction would include any work that would expand the When calculating building permit fees the floor area by over 50% or modify the Building Department considers a projects footprint by over 50 %. The summary valuation and not cost. Using the term table contained in Code Section 15- "valuation" when considering the extent of 65.025 would also be modified to include repair or alteration to nonconforming the revised definitions. structures would provide consistency. The definition of "reconstruction" has been difficult for staff and the public to interpret as 92 Topic Current Approach and Problem Proposed Changes it requires evaluations of the estimated cost of construction and not the extent of the work. 22. Nonconforming Code Section 15- 65.070 allows reconstruction The update allows reconstruction even if Structures of nonconforming structures destroyed by the structure is 100% destroyed provided destroyed by fire, etc to previous configuration. The current that the reconstruction does not exceed natural disasters standards limit such reconstruction only when the structure's pre- damaged first and such as fire. at least 25% of the structure remains. This has second story footprint. made it difficult for residents to obtain homeowner insurance. 23. Required When the minimum residential side setback is Section 15- 80.030(b)(2) would be setbacks for more than ten feet, Code Section 15- modified by inserting the word "interior" accessory pool 80.030(b)(2) states that accessory pool to clarify required side setbacks for pool equipment equipment may be located within a side equipment. setback area and ten feet from the side lot line. The Code does not state if the minimum side setback is the "interior" setback or the "exterior" street side setback. 24. Definition of The definition of tobacco product created in The definition of Tobacco Product Tobacco Product 2010 for Article 11 -15 — "Tobacco Free contained in Code Section 15- 80.130(3) Recreation areas" is not consistent with the would be modified to match the definition of Tobacco Product contained in definition of Tobacco Product contained City Code Section 15- 80.130(2). Both in Code Section 11- 15.010. definitions should be consistent. 25. Basements — City Code Section 15- 80.035 requires all Code Section 15- 80.035(d) would be Geotechnical basements and basement additions to obtain modified to only require that basement Review and Geotechnical Clearance from the City and basement additions receive Lightwells Geologist. However, not all areas of the City Geotechnical Clearance from the City are subject to geotechnical hazards and such a Geologist if they are located in an area as review is not always necessary. The Building identified on the City's Ground Department will still require the clearance of a Movement Potential Map has being licensed soil engineer prior to issuance of a located in an area with significant building permit. potential for ground movement. Lightwells are not permitted to encroach into The code includes a list of architectural a required setback area which makes it features that can encroach into setbacks. sometimes difficult to construct basements on The modification would allow lightwells narrow lots. The definition of lightwell limits to have the same setback encroachments the width to four feet which is too restrictive as fireplaces and would remove the width if all other standards are being met. limits from the definition. 93 Topic Current Approach and Problem Proposed Changes 26. State Density City Code Section 15- 81.040 makes reference The amendment (1) deletes a reference to Bonus to the Planned Community District which no the planned community district which no longer exists in the City Code. The Code is longer exists and (2) brings the code into not in compliance with State law requiring the conformance with State law (Government City Council to consider the City's means of Code 65915(d)(3)) which requires that compliance with State density bonus the City Council consider the City's requirements. means of compliance with State density bonus requirements. 0 Chapter 16 (Building Regulations) Amendments Topic Current Approach and Problem Proposed Changes 27. Build it Green The Community Development Section 16- 47.020 would be updated to remove Department has substituted the Build it references to Build it Green Green "GreenPoint Rated" rating system for development projects as referenced in City Code Section 16- 47.020 with the California Green Standards Code (CalGreen) and requires projects to comply with all mandatory measures. 28. Ground Movement The City recently updated the Safety Staff is proposing to modify Article 16 -65 to Potential Maps Element of the General Plan which be consistent with changes to the updated included updates to the Ground Safety Element of the General Plan. Movement Potential Map. Article 16 -65 (Ground Movement Potential Maps) includes definitions and designations which are not consistent with these recent changes to the Safety Element. The Code amendments above are implemented by the attached Ordinance (Attachment 1). ENVIRONMENTAL DETERMINATION: The proposed ordinance is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). 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; the amendments and additions would have a de minimis impact on the environment. FISCAL IMPACT(S): There are no negative fiscal impacts associated with the approval of the proposed ordinance and resolution. ALTERNATIVE ACTION(S): None FOLOW UP ACTIONS(S): As directed. ADVERTISING, NOTICING AND PUBLIC CONTACT: A notice of the public hearing on this agenda item was published in the Saratoga News on September 6, 2013. Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Ordinance Amending City Code 95 Attachment 1 ORDINANCE AN ORDINANCE AMENDING CHAPTERS 4, 7, 15 AND 16 OF THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings The City of Saratoga wishes to amend certain sections of the City Code in order to remedy internal ambiguities, clarify existing requirements, codify staff interpretations, omit redundant terms and provisions, and amend grammatical and other errors. 2. Certain updates in this ordinance affect provisions of the City's zoning regulations in Chapter 15 of the Code. These amendments were considered by the Planning Commission of the City of Saratoga during a July 23, 2013 Study Session and after a duly noticed public hearing on August 28, 2013, the Planning Commission recommended adoption of the updates to Chapter 15. 3. Section LA of this ordinance presents amendments to Chapter 4 (Business Regulations) concerning taxicabs. Section 1.13 presents amendments to Chapter 7 (Health and Sanitation) concerning Hearings on Animal Impoundment and Noise Exception Permits. Section LC includes various amendments to Chapter 15 (Zoning). Section 1.D includes amendments to Chapter 16 (Building Regulations). 4. The City Council of the City of Saratoga held a duly noticed public hearing on September 18, 2013, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council hereby amends the City Code as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double - underlined font (e.g., bold double- underlined) and text to be deleted is indicated in strikeout font (e.g., sett). Text in standard font is readopted by this ordinance. Text in italics (e.g., italics) is descriptive only and is not part of the amendments to the City Code. A. Amendments to Chapter 4 Amendment to Taxicab Regulations 4- 40.010 - Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: Attachment 1 (a) , publie eenvenienee and neeessity has been atAherized by the City to install a telephone or- eall box- (e) Get4ified owner- means stteh per-son o ........ euntralling any taxieab and holding a . (e) Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, designed for carrying not more than eight persons excluding the driver eapaeity of less than air° persons, not operated over a fixed route, and the destination and route of which are under the control of the passenger or passengers being carried therein. (f) Taximeter- means a meehafkal instmment or- deviee by whieh the ehar-ge for- hire of a ta*i , upon whieh the fare is based (g) Taxi stand ffleafis a publie plaee aleng side the ew-b E)f the street ar- elsewher-e, designa4ed by the City as a taxi zone and resei=�,ed exeittsively for the ttse of taxieabs. ee�rerr�e�:e�sz:+:rsr_ �:eeesse�:ssee•+:rE WIN 4- 40.020 - Ce Business license and driver's permit. (a) No person shall operate a taxicab, or permit a taxicab owned or controlled by that e to be operated, as a vehiele fef hire upon any stfee within the City without first having obtained a valid permit under a permitting program of any county or any other city. whose ordinance complies with California Government Code section 53075.5 and all applicable state and federal laws. , Hflless 11:1.-.--r-e shall have been isstied . I I 'his Ar-tiele a eet4ifieate to the be in fill f r-ee and e ff et (b) Any person desiring to operate a taxicab in the City the ..fee lions ofthis ^ shall also apply for and obtain a business license pursuant to this Code. Miele 4 05 of this Chaptef and pay the lieense fee speeified in Seetion 4 05. 100. No such business license shall be issued unless and until the applicant has first obtained a valid °° to rmi under this Article. IRWIN 97 Attachment 1 �i.. �e��serseesseee�. .rer�:*es M • !*sse�:esse�:�e!e!s . �sere*.e�seerae��s� . �tr�;ee�sresr.�:'.�:�s�;�sre�.. tes�s�zs rsrss:�����seeeeeT�:�stes. eera�srrrrrss a, LMl MI F"11IM"Will"M M a 01. MI= I M. M Attachment 1 ss ee�+ :�ersse:��era�s�:sa<ses�rr+:es. F.TwIll!"Ir. Ma iw.nI 9AM"tr�rsssre ems: .. F.TwIll!"Ir. Ma iw.nI 9AM"tr�rsssre ems: .. Attachment 1 100 WATil I - oil 1�11 M ON VIN RON OPIUM. shl 110 i S - 100 Attachment 1 � e�r�: �: e��aerrr .�:�:es:e��!:Ee!�es!�:e�r.�+: eases iee�ers�e� :eses�:e�se�rese�err�. EMMEMor I IM- �. III - - VI WHERE 101 EMMEMor I IM- �. 101 Attachment 1 (e) An or- Fevoeation of an evmef:'s eeftifieate shall autematieally suspend or- r-evokee al! dr-iver-s'pefmits issued an the basis of stieh eei4ifieate. 4 -4a.110 -- Taxi stands. The City Couneil shall, 4ofn tifne to tifne, establish taxi stands by or-dinanee of by fesol-ution in sueh plaee of plaees upon the streets of the G4y as it deems neeessafy f6f the use of ta-xie oper-a4ed in the City, w-hieh stands when so established may be designated as open stands or- designated- 4-40.44030 - Enforcement of Article. The Community Services Director or the Director's designee shall have the duty sibil ty to enfer-eeeae and all of the pfelvisions of this Aftiele, an is authorized to inspect and examine all taxicabs in the City to ascertain whether or not the provisions of this Article have been and are being complied with. 4- 40.4M40 - Violations of Article; penalties. The violation of any provision contained in this Article, or the violation of any condition of a certificate or driver's permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under owner's eei4i ;eate a driver's pv,.mit both, pr-oeeedings ,. nduett , „ao, Article 4 -05 of this Chapter to revoke a business license by reason of the same violation. 7 102 i� (e) An or- Fevoeation of an evmef:'s eeftifieate shall autematieally suspend or- r-evokee al! dr-iver-s'pefmits issued an the basis of stieh eei4ifieate. 4 -4a.110 -- Taxi stands. The City Couneil shall, 4ofn tifne to tifne, establish taxi stands by or-dinanee of by fesol-ution in sueh plaee of plaees upon the streets of the G4y as it deems neeessafy f6f the use of ta-xie oper-a4ed in the City, w-hieh stands when so established may be designated as open stands or- designated- 4-40.44030 - Enforcement of Article. The Community Services Director or the Director's designee shall have the duty sibil ty to enfer-eeeae and all of the pfelvisions of this Aftiele, an is authorized to inspect and examine all taxicabs in the City to ascertain whether or not the provisions of this Article have been and are being complied with. 4- 40.4M40 - Violations of Article; penalties. The violation of any provision contained in this Article, or the violation of any condition of a certificate or driver's permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 3 of this Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under owner's eei4i ;eate a driver's pv,.mit both, pr-oeeedings ,. nduett , „ao, Article 4 -05 of this Chapter to revoke a business license by reason of the same violation. 7 102 Attachment 1 B. Amendments to Chapter 7 2. Designation ofAnimal Control Officer and Timing ofHearing on Impoundment with the City's Animal Control Officer 7- 20.010 - Definitions. For purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Animal includes any live vertebrate creature, domestic or wild, except fish. (b) Animal Control Officer means the Community Development Director or another City Employe r n duly appointed by the City Manager to act in his behalf and on behalf of the County Health Officer in the administration and enforcement of the animal and rabies control laws and the provisions of this Article. (c) Animal establishment means any commercial premises or place within the City where animals are kept, boarded, trained, sold or groomed, including a kennel, pet shop and grooming parlor. (d) Animal menagerie means any place where dangerous animals are kept or maintained for any purpose, including places where dangerous animals are boarded, exhibited, trained, or kept for hire. (e) Animal shelter means a facility operated by a public jurisdiction or by an accredited, tax - exempt humane organization for the purpose of impounding, harboring, selling, placing, or destroying seized, stray, distressed, homeless, abandoned, or unwanted animals. (f) Cat includes all domesticated felines. (g) Commercial kennel means any person engaged in the commercial breeding of dogs or cats, or both, for sale, individually or in litter lots; or in the boarding, training, sale or hire of dogs and/or cats for compensation, except that animal hospitals maintained by a veterinarian licensed by the State of California as part of the practice of veterinary medicine, animal shelters, or private kennels shall not be considered commercial kennels. (h) Dangerous animal means any wild, exotic, nondomestic, or venomous animal, or other animal which because of its size, disposition, or other characteristic would constitute a danger to persons or property. (i) Dog includes all domesticated canines. 0) Grooming parlor means any commercial premises or place where animals are trimmed, bathed or groomed. (k) Health Officer means the Director of Public Health or any other person duly authorized to act in his behalf. M 103 Attachment 1 (1) Owner means any person who owns or exercises custody and control of an animal or who harbors or keeps an animal for five consecutive days. (m)Person means any individual, establishment, firm, association, organization, partnership, trust, corporation, or company. (n) Pet shop means an establishment operated by any person where any live animals are kept for sale, barter or hire. (o) Pound includes all places where impounded animals are to be confined, whether operated by the County or by a private person under contract or agreement with the County or City. (p) Private kennel means a person who maintains within or adjoining his or her private residence three or more dogs over four months of age, or three or more cats over four months of age, but no more than a combined total of five dogs and cats; such animals to be for that person's recreational use or for exhibition in conformation shows, field or obedience trials and where the sale of offspring is not the primary function of the kennel. The maintenance of more than two male dogs or cats used for breeding purposes for which compensation is received, or the parturition and rearing of more than two litters of dogs or cats in any one calendar year from the total number of females owned or maintained by that person on the premises, shall be a rebuttable presumption that such animals are owned or maintained for the purposes of commercial breeding; and the owner of the premises shall be subject to the permit requirements of a commercial kennel. (q) Quarantine means isolation of an animal in a place and manner approved by the Health Officer. (r) Vicious animal means any animal, except a dog assisting a peace officer engaged in law enforcement duties, which demonstrates any or all of the following characteristics: (1) Has attacked, without provocation, a person or domestic animal. (2) Has chased, menaced or approached a person or a domestic animal in a threatening manner or apparent attitude of attack, without provocation. (3) Has a known propensity, tendency or disposition for unprovoked attack. (4) Has been specially trained to attack persons or domestic animals or otherwise has been trained as an attack animal. (5) Is owned or kept in whole or in part for the purpose of animal fighting or has been trained for animal fighting. (s) Wild animal means any wild, exotic, undomesticated, dangerous or venomous animal, including mammals, fowl or reptiles 9 104 Attachment 1 7- 20.120 Hearing on impoundment. (a) Request for hearing. Any owner or person having the right to custody of an impounded animal who wishes to challenge the impoundment shall personally deliver or mail a written request for a hearing such that it is received by the Animal Control Officer within seventy -two hours after the seizure and impoundment. The Animal Control Officer shall thereupon schedule a hearing to be conducted within seven business days after his receipt of the request. (b) Hearing initiated by Animal Control Officer. In cases where the Animal Control Officer proposes to impound any animal, but summary seizures and impoundment is not authorized or required under any of the provisions of this Article or State law, the Animal Control Officer may initiate a hearing to determine whether such animal should be impounded and shall order the owner of the animal to appear at such hearing. (c) Notice of hearing. The Animal Control Officer shall mail or hand deliver written notice of the time and place of the hearing to the owner or the person requesting the hearing at least fi-ve four days prior to the hearing date. (d) Conduct of hearing. At the hearing, the owner and the Animal Control Officer may be represented by counsel, may present oral and written evidence, and may cross - examine witnesses. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. The decision of the hearing officer shall be supported by the weight of the evidence and shall be final. The owner shall be given written notice of the decision within fifteen days of the hearing. (e) Owner's failure to appear at hearing. Failure of the owner to appear at the hearing on impoundment, after being ordered to do so by the Animal Control Officer, shall constitute a misdemeanor, subject to the punishment as prescribed in Chapter 3 of this Code. In addition, the Animal Control Officer may immediately seize and impound the animal. 3. Noise Exception Permit 7- 30.090 - Exception permits. (a) General noise exception permit. If the applicant demonstrates to the satisfaction of the Director that immediate compliance with the requirements of this Article would be impractical or unreasonable, the Director may issue a permit to allow exception from any or all of the provisions contained in this Article, with appropriate conditions to minimize the public detriment caused by such exceptions. Any such permit shall be for an initial term as specified by the Director, not to exceed thirty days. Longer terms up to one hundred twenty days may be granted by the Planning Commission. In determining whether an exception permit should be issued and the nature and scope of any conditions to be imposed, the Director shall consider the following factors: (1) The level and intensity of the noise; (2) The level and intensity of the background noise, if any; 10 105 Attachment 1 (3) The proximity of the noise to residential areas; (4) The time of day when the noise occurs; (5) The duration of the noise, and whether it is recurrent, intermittent or constant; (6) The nature and zoning of the area within which the noise emanates or to which it is transmitted. (b) Outdoor music permits —CH Zoning District. This Section 7- 30.090(b) shall expire November- 2013 April 1. 2014, and thereafter outdoor music shall not be allowed in the CH Zoning District, unless a later enacted ordinance that becomes effective on or before'` November- 1 , 241-3 April 1, 2014, deletes or extends that expiration date. An outdoor music permit may be issued on an annual basis to a commercial establishment located within the CH Zoning District subject to the requirements contained in this Section for the purposes of allowing the playing of acoustic and/or amplified music outside a building. Background music does not require an outdoor music permit. (1) Each outdoor music permit shall be subject to conditions requiring coordination and cooperation among holders of outdoor music permits such that acoustic and/or amplified music played outside a building at the same date and time shall be limited by blocks as described below: a. Two events in Block One situated between 3rd Street and Saratoga Los Gatos Road separated by at least two hundred feet. b. One event in Block Two situated between 3rd and 4th Street. c. One event in Block Three situated between 4th and 5th Street. d. One event in Block Four situated west of 5th Street. (2) Outdoor acoustic and/or amplified music is permitted at establishments holding an outdoor music permit during the following days and times provided that it does not exceed the specified maximum decibel levels: a. Fridays, 5:00 P.M. to 9:00 P.M., seventy -three dbA. b. Saturdays, 4:00 P.M. to 9:00 P.M., seventy -three dbA. c. Sundays, 11:00 A.M. to 4:00 P.M., seventy -three dbA. The above decibel levels shall be measured twenty -five feet from the source of the sound. (3) The Director may condition an outdoor music permit on such other requirements that the Director determines are necessary to protect the public health, safety or welfare. (4) Continuing jurisdiction and permit revocation. The Director shall retain continuing jurisdiction over each permit and may modify (by deleting or adding conditions to) or revoke an outdoor music permit to the extent the Director deems necessary to protect the public health, safety or welfare, or if the permit holder fails to meet any of the conditions of the permit or to adequately address changed circumstances. 11 1: Attachment 1 (5) Denial of a permit. The Director may deny an outdoor music permit if the applicant has had an outdoor music permit revoked within the past twelve months or if the applicant is not in compliance with the City Code or a use permit issued pursuant to the City Code. (6) Hearings and appeals from administrative decisions. Prior to denial, modification, or revocation of a permit, the Director shall notify the applicant in writing of the intent to deny, modify, or revoke the permit, the reasons for such intended decision, and that the applicant may within five days after receipt of such notice file with the Director a written request for a meeting with the Director. A determination of the Director to approve, conditionally approve, deny, modify or revoke a permit may be appealed to the Planning Commission in accordance with the procedures set forth in Article 15 -90 for appeals from administrative decisions and notwithstanding Section 15- 90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council. C. Amendments to Chapter 15 Concerning Zoning Regulations 4. Health /Fitness Center Definition 15- 06.331 Health /Fitness Center. "Health/Fitness Centers" means membership based fitness facilities, gymnasiums, athletic clubs, and similar establishments requiring membership for access. S. Single - Family Home Kitchen Definition 15- 06.400 Kitchen. "Kitchen" means a room designed, intended or used for the cooking and preparation of food which includes either a 220 volt outlet or a natural gas connection for a cooking appliance. 6 "Site " Definition 15- 06.620 - Site. "Site" means a lot, as defined in Section 15- 06.420. (a) Gross site area means the total horizontal area included within the property lines of a single site. (b) Net site area means that portion of gross site area remaining after deducting therefrom the following: (1) Any portion of a site within the right -of -way of an existing public or private street, road or access easement, except an emergency access street. 12 107 Attachment 1 (2) Any portion of a site within the proposed right -of -way of a future street (except an emergency access street), as shown on an approved tentative subdivision map or a recorded subdivision map. (3) The portion of a flag lot constituting the access corridor lying between the front lot line and the frontage line of the corridor at the street. (4) Any portion of a site within an easement to the Santa Clara Valley Water District. (5) Those areas which are classified by the City Geologist as "Md "_ or- " and (6) Any quarries, unless shown to be suitable for development, as determined by a detailed geotechnical analysis approved by the City Geologist. (c) Site frontage means the length of the front lot line. (d) Site width means the horizontal distance between side lot lines, measured at right angles to the site depth at a point midway between the front and rear lot lines, or if there is no rear lot line, at the midway points of the intersecting side lot lines. (e) Site depth means the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line. (f) Site coverage means the percentage of net site area covered by impervious surfaces including all structures, open or enclosed, or projections of structures. 7. Medical Office „ /Professional Office Definitions 15- 06.480 Office. (a) Professional office means a use providing professional or consulting services including therapists and healing arts professionals and other similar service providers that do not create significant odors, noise, or medical waste. (b) Administrative office means a use providing facilities for the conduct of management and administrative functions of a business or other enterprise. (c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative, or corrective personal treatment services by doctors, dentists, and similar practitioners= of medical aMa healing afts for- humans. 8. Update National Pollution Discharge Elimination System (NPDES) References 15- 06.581 - Santa Clara Valley Urban Runoff Pollution Prevention Program= (ND "Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES)" means the current policies and directives adopted by the Santa Clara Valley Urban Runoff Pollution Prevention 13 1: Attachment 1 Program, including but not limited to the National Pollutant Discharge Elimination System (NPDES): . 9. Subterranean Structures not included in floor area 15- 06.685 Subterranean Structure "Subterranean Structure" includes a cellar. bunker. or other structure that (a) is not located beneath the building footprint of a structure; (b) does not encroach into setback areas: and (c) is located wholly underground except for required ingress /egress, lighting and ventilation. Subterranean Structures are to be included in the calculation of impervious area and not in the calculation of floor area. 10. Design Review Cross - Reference for Antenna Facilities in the Agriculture, Hillside Residential, Residential Multi - Family. Professional Administrative Zoning Districts, and) Commercial Zoning DiWrictc. 15- 11.020 - Permitted uses. The following permitted uses shall be allowed in the agricultural district: (a) Single - family dwellings. (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. 14 109 Attachment 1 (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 15-44.15 46. 15- 13.030 - Permitted uses. The following permitted uses shall be allowed in the HR district: (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 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. 15 110 Attachment 1 (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 -44, 15 -46.. 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. (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- 44.45- 46 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 -44, 15 -46.. 16 111 Attachment 1 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 15-44. (6) Markets with a floor area dedicated to food and drink sales that is less than or equal to twenty -five percent of the establishment's total floor area and two thousand square feet or less. (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 with a floor area dedicated to food and drink sales that is more than twenty -five percent of the establishment's total floor area or more than two thousand square feet. (3) Any establishment engaged in the sale of alcoholic beverages, with the exception of tasting rooms, as provided for in Section 15- 19.050(a)(3) of this Code. (4) Hotels and motels. (5) Bed and breakfast establishments. (6) Institutional facilities. (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. 17 112 Attachment 1 (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) Repealed. (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. 11. Changes to the Hillside Residential Zoning District and the Residential Open Space Zoning District regulations with respect to the "Location ofBuilding Sites " to accommodate recent updates to the Citv's Safetv Element and Ground Movement Potential Man. 15- 13.050 - Development criteria. No principal use shall be established, and no main structure shall be erected or constructed in the HR district, nor shall any building or other permit be issued therefor, unless and until the applicant has complied with the following development standards, which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code: (a) Site development plan. A site development plan has been prepared and approved by the advisory agency in accord with Section 14- 25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. The planting and landscaping portion of such plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and land formations, and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the Excavating and Grading, and Subdivision Ordinances of the City. Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid erosion, flooding, slides and other hazards. Water, sewer and other utility services, streets and other access routes which traverse any geologic or soils hazard shall be specifically engineered to eliminate the risk of failure or collapse, and setbacks from hazard areas shall be in accord with the geologic and soils investigation report and recommendations. (b) Geologic and soils report. A preliminary combined geologic and soils investigation and report prepared by a certified engineering geologist licensed by the State and by a registered civil engineer qualified in soils mechanics by the State, shall be filed in conjunction with the site development plan unless the City Geologist determines that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and soils report shall fully and clearly present: 113 Attachment 1 (1) All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and geologic data. (2) The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use through the identification of any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future geologic problems both on and off the site. (3) Recommendations for corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or otherwise to insure safe development of the property. (4) Recommendations for additional investigations that should be made to insure safe development of the property. (c) Additional studies required. The City shall also require the following additional studies prior to approval of a site development plan or prior to issuance of a building permit, unless the City Geologist determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies: (1) Soil and foundation engineering investigation by a registered civil engineer addressing site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations and retaining walls, soil stability, technical plan review, and field inspection procedures. (2) With respect to any terrain on or within one hundred feet of a significant recognized landslide deposit, an investigation by a certified engineering geologist including a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any unstable slopes. Slope stability studies may require extensive subsurface work. (3) With respect to any area within one hundred feet of a recognized trace of the potentially active Berrocal Fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting. Investigative techniques will require subsurface trenching and possibly geophysical traverses unless clear evidence is presented to show that no fault crosses the site of a habitable structure. (4) A slope stability analysis showing the building site and its immediately surrounding area having a factor of safety against failure of at least 1.5 or equivalent, in the event of an earthquake on the San Andreas Fault having a magnitude of 8.3 on the Richter scale. (d) Inspection reports. The results of the geologic and soil investigations referred to in subsections (b) and (c) of this Section shall be reviewed and approved by the City and shall become conditions of approval of a development proposal. The soils engineer and the engineering geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report shall affirm that the grading and foundation excavations were done under the supervision of a soils engineer and/or engineering geologist, shall describe the as -built condition of the project, and shall contain such other information as may be required by the City. 19 114 Attachment 1 (e) Location of building sites. (1) In locating building sites, preference shall be given to areas classified in the City's geologic maps as Sbr, Sls, and Sun= and Sites on potentially moving slopes (Pmw, Ps, Pd, Paf and Pdf)t sites within the areas with fault rupture potential (Pfl and sites on moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrates long -term stability to the satisfaction of the City. The City's descriptions of the soil classifications, filed in Appendix A to this Chapter, are incorporated herein by reference and constitute a part of this Chapter. No tentative or final map approval or building or grading Hermit shall be granted for a property which includes land within an Md area unless it complies with all the requirements described in Section 16- 65.030. No build or grading permit shall be issued for construction of any new building or structure, or addition to any existing building in any (PI) area unless it complies with all requirements described in Section 16- 65.050. (2) The average natural grade of the footprint underneath any dwelling unit, swimming pool or other structure shall not exceed thirty percent slope, and no dwelling unit, swimming pool or other structure shall be built on a slope which exceeds forty percent natural slope at any location under the structure between two five -foot contour lines, except that: (i) a variance pursuant to Article 15 -70 of this Chapter may be granted where the findings prescribed in Section 15- 70.060 can be made, and (ii) an exception under Article 14 -35 of the Subdivision Ordinance may be granted where the findings prescribed in Section 14- 35.020 can be made. (f) Grading. The combined cut and fill of any grading shall not exceed one thousand cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission upon making all of the following findings: (1) The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable means of access to the building site; and (2) The natural land forms and vegetation are being preserved and protected; and (3) The increased grading is necessary to promote the compatibility of the construction with the natural terrain; and (4) The increased grading is necessary to integrate an architectural design into the natural topography; and (5) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. (6) No building site shall be graded so as to create a flat visible pad surrounding the main residential structure. (g) Grade of private streets and driveways. Unless otherwise permitted by the Planning Commission, no private street or driveway shall exceed a grade of eighteen percent for a distance in excess of fifty feet. 20 115 Attachment 1 15- 20.050 - Development criteria. No principal use shall be established, no main structure shall be erected or constructed and no subdivision be approved in the R -OS district, nor shall any building or other permit be issued therefor, unless and until the applicant has complied with the following development standards, which standards shall be in addition to, and not in lieu of, any and all other development criteria and requirements set forth in Chapters 14 and 16 of this Code: (a) Site development plan. A site development plan has been prepared and approved by the advisory agency in accord with Section 14- 25.100 of the Subdivision Ordinance, and the physical location of each use and structure is as set forth on such approved plan. In addition to the regulations set forth in Section 14- 25.100, the site development plan shall incorporate the following design objectives: (1) All roads, buildings and other structural improvements or land coverage shall be located, sited and designed to fit the natural topography and shall minimize grading and modification of existing land forms and natural characteristics. (2) The planting and landscaping portion of said plan shall, insofar as is reasonably practical, provide for the retention of existing vegetation and shall include an erosion and sediment control element setting forth reasonable mitigation measures in accord with the excavating and grading and subdivision regulations of the City. (3) Grading shall be representative of adjacent topography and be an extension of natural contours insofar as reasonably practical, and shall be designed to avoid or fully mitigate potential erosion, flooding, geotechnical and other hazards. (4) Water, sewer and other utility services, streets and other access routes shall be designed to avoid any geologic or soils hazard and shall be specifically engineered to prevent the risk of failure or collapse. Setbacks from hazard areas shall be in accord with the engineering geologic and geotechnical engineering investigation report and recommendations. (b) Engineering Geologic and Geotechnical Engineering reports. A preliminary engineering geologic and geotechnical engineering investigation(s) and report(s) prepared by a certified engineering geologist licensed by the State and by a registered geotechnical engineer or civil engineer qualified in soils mechanics licensed by the State, shall be filed in conjunction with the site development plan unless the City Engineer and Geotechnical Consultant determine that existing information pertinent to the subdivision or site approval makes preliminary analysis or any part thereof unnecessary. The geologic and geotechnical reports shall fully and clearly include: (1) A description and discussion of engineering geologic conditions at the site, including natural and artificial earth materials, structural lineations or discontinuities, surface and ground water conditions, and all other pertinent conditions or characteristics of the site, with reference to surface conditions and exposures, geomorphology, and graphical logs of subsurface excavations. (2) An engineering geologic map of the site on a suitable topographic base, showing, as a minimum: the distributions of geologic materials on the site based upon mapping of geomorphic conditions and geologic exposures on and around the site; geologic features and potential hazards; and the locations of all existing and intended improvements on the site. 21 116 Attachment 1 (3) An evaluation of all geologic hazards and geotechnical constraints that affect, or potentially could affect, the site relative to the existing or intended land use. This should include a clear statement as to whether a hazard exists at the site which may lead to structural damage if not corrected, an evaluation of the risk(s) each hazard poses, and the basis or reasoning for assigning specific risks. (4) A geotechnical (soil and foundation) engineering investigation addressing properties of earth materials, site preparation (clearing and stripping), grading requirements (cut and fill design and construction), pavement design, drainage (surface and subsurface), utility trench backfilling, design parameters for foundations, retaining walls and swimming pools, slope stability, technical plan review, and field inspection procedures. (5) Recommendations for appropriate grading procedures, geotechnical design criteria and any corrective measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and to eliminate potential damage to adjacent properties and to otherwise insure safe development of the property. (6) Recommendations for additional investigations that should be made to insure safe development of the property. (c) Application acceptance. An application shall not be deemed complete until the City Engineer grants geotechnical clearance. (d) Additional studies required. The City shall also require the following additional studies prior to approval of a site development plan or as deemed necessary by the City Engineer, unless the City Engineer and the City Geotechnical Consultant determines that existing information pertinent to the subdivision or the site approval provides the same data as would have been obtained from any or all of such additional studies: (1) With respect to any terrain that may be susceptible to impacts from existing or potential instability, an investigation by a certified engineering geologist shall be required for all slopes affecting future or existing development. This investigation shall include a detailed evaluation of the natural slope conditions and recommendations for the treatment or correction of any potentially unstable slopes. Slope stability studies may require extensive subsurface exploration and analysis. (2) A slope stability analysis showing the proposed building footprint(s) and immediately surrounding areas having an adequate factor of safety of at least 1.5 under static conditions against failure in the event of the maximum expected earthquake on recognized faults, including but not necessarily limited to the San Andreas, the Berrocal, the Monta Vista/Shannon or the Sargent faults. (3) With respect to any area in the State's Special Studies zones or within two hundred feet of a mapped or otherwise recognized trace of a potentially active earthquake fault, an investigation by a certified engineering geologist addressing the seismic hazards related to the nearby trace, with particular emphasis on evaluation of possible surface faulting and characterization of seismic ground motion. Investigative techniques may require geologic and geomorphic mapping and analysis, subsurface exploration, and possibly geophysical traverses to demonstrate that no fault exists within fifty feet of a structure for human habitation. If deemed necessary by the City Geotechnical Consultant, an area greater than two hundred feet from a possible fault trace may be subject to the 22 117 Attachment 1 same investigative requirements and an increased setback of structures for human habitation from faults, may be required. (e) Inspection reports. The results and recommendations of the engineering geologic and geotechnical engineering investigations referred to in subsections (b) and (d) of this Section shall be reviewed and approved by the City Engineer and the City Geotechnical consultant and shall become conditions of approval of a development proposal. The Geotechnical Engineer and the Engineering Geologist may be required to submit reports during grading, during construction, and following completion of the project. The final report(s) shall affirm that the grading and foundation excavations were done under the supervision of an appropriate registered Geotechnical Engineer and/or Engineering Geologist, shall describe the as -built conditions of the project, and shall contain such other information as may be required by the City Engineer and City Geotechnical Consultant. (f) Financial assurances. The applicant shall post security deposit or a bond of an amount determined by the City Engineer as one measure to ensure the completion of all geological and geotechnical reports and corrective work required as part of conditions of the project approval. (g) Location of building sites. (1) In locating building sites, preference shall be given to areas classified in the City's Ground Movement Potential Maps as Sbr, Sls, and Sun, and Sites on potentially moving slopes (Pmw, Ps, Pd, Paf and Pdf), sites within the areas with fault rupture potential (Pf) and sites on and moving slopes (Ms) shall not be approved unless geologic and soil engineering analysis provided by the applicant demonstrate long -term stability to the satisfaction of the City Engineer and the City Geotechnical Consultant. No tentative or final map, building site approval or building or grading permit shall be granted for a property which includes land within an Md or- Mr- f area unless it complies with all the requirements described in Section 16- 65.030. No building or grading Hermit hall be issued for contruction of any new building or structure, or addition to anv existing building in any (Pf) area unless it complies with all requirements described in Section 16- 65.050. (2) Corrective measures which are deemed necessary by the City Engineer and Geotechnical Consultant shall be reviewed and approved by the Planning Commission subject to the following findings: That the measures necessary to permit such development are (i) consistent with the objectives of this zone district as set forth in Section 15- 20.010; (ii) necessary to minimize risks from geologic hazards; (iii) will not result in the removal of any protected tree, as described in Section 15- 50.050; (iv) will not result in irrevocable damage to the City's scenic resources; and (v) will produce a benefit to the general public greater than the environmental impact of the corrective measures. (3) The City may require an additional fee from the applicant to cover the expense of producing ground movement potential maps of the geological study area in which the property is located, including areas that may suffer potential ground movement as a result of the proposed development. (4) The average natural grade of the footprint underneath any dwelling unit or other structure shall not exceed thirty percent slope, except that a variance pursuant to Article 15 -70 of this Chapter may be granted. (5) The average natural grade of the footprint underneath swimming pools shall not exceed fifteen percent slope. No variances shall be granted for any swimming pool to be constructed. 23 118 Attachment 1 (6) Location of building sites in relation to major and minor ridgelines shall comply with the requirements set forth in Section 15- 20.100 of this Article. (7) Building sites including driveways and private and public streets, shall not be located within one hundred fifty feet of the top of perennial or intermittent watercourse banks unless approved by the City Engineer and Santa Clara Water District. Private sanitary sewer, leach fields or drainage fields shall comply with the setback and other requirements of Santa Clara Health Department. (h) Grading. (1) Grading shall be limited to the minimum necessary for use of a site. Portions of a site exceeding thirty percent slope shall not be graded without prior specific approval by the Planning Commission. Grading shall be minimized in areas classified in the City's Ground Movement Potential Maps as Ps or Pd. Any grading which would unreasonably affect the natural topography of the area shall not be permitted. (2) The combined cut and fill of any grading on a hillside lot shall not exceed 1,000 cubic yards, including any excavation for a swimming pool, unless a larger quantity is approved by the Planning Commission based on the finding that: (a) The additional grading is necessary in order to allow reasonable development of the property or to achieve a reasonable vehicular access to the proposed development. (b) The natural land forms and vegetation are being protected. (c) The increased grading is necessary to promote the compatibility of the construction with the natural terrain. (d) The increased grading is necessary to facilitate an architectural design which is integrated into the natural topography. (e) The increased grading is necessary to reduce the prominence of the construction as viewed from surrounding views or from distant community views. (3) Corrective grading for existing or proposed developments may be permitted with prior specific approval by the Planning Commission based upon findings that the corrective grading: (i) is consistent with the objectives of this zone district as set forth in Section 15- 20.010; (ii) is necessary to minimize risks from geologic hazards; and (iii) will not result in irrevocable damage to the City's scenic resources; and (iv) will produce a benefit to the general public greater than the environmental impact of the corrective grading; and (v) will not result in the removal of any of protected tree, as described in Section 15- 50.050 (4) Grading and other site improvements under and around structures shall be designed to minimize visual impact as viewed from other properties. (5) Cut or fill slopes shall not exceed three horizontal to one vertical. (i) Grade of private streets and driveways. The design of all private streets and driveways shall be subject to the approval of the Fire Marshall and the City Engineer. Any private street or driveway which exceeds a grade of eighteen percent for a distance in excess of fifty feet, shall also 24 119 Attachment 1 require approval by the Planning Commission upon all of the following findings that the: (i) construction of the driveway will prevent damage from geologic hazard, (ii) will minimize grading and visual impact and (iii) will result in preservation of natural vegetation and prevent destruction of wildlife habitat. 0) Landscaping. In the selection of new landscaping, preference shall be given to natural, indigenous and drought resistant plants and materials in accordance with City Xeriscape Standards. Nonindigenous landscaping shall be limited to the immediate area around the house. The total of non - native landscaped area including the allowable impervious coverage shall not exceed twelve thousand square feet. The impervious coverage shall be determined subject to limitations set forth in Section 15- 20.080 of this Article. The remaining portion of the site shall be preserved in a natural and undisturbed state except for necessary clearing for the purpose of prevention of fire hazard as required by the City Code Article 7 -15. Removal of existing native trees shall be subject to the regulations provided in Article 15 -50 of the City Code and shall be replaced by same or similar species as required by the City Arborist. (k) Open space dedications. At least thirty percent of the gross site area of a subdivision, of a new home or of an addition, or combination of successive additions over the life of the structure, resulting in an increase of 50% or greater to the floor area of an existing home, shall be dedicated in fee to the City of Saratoga at the time of recordation of the final map or building permit whichever comes first. The location of said open space shall be subject to the review and the approval of the Planning Commission. A written agreement describing the open space area shall be executed between the property owner and the City and recorded in the office of the County Recorder. Such agreement shall set forth the restrictions and allowable uses for the open space area, as determined by the Planning Commission. The allowable uses shall be consistent with and promote the purposes of Section 15- 20.010 of the City Code 12. Changes to the Side Setback Requirements for Lots in the Hillside Residential Zoning District to be consistent with other sections of the City Code. 15- 13.090 - Front, side, and rear setback areas. (a) The minimum setback area requirements for all lots within the HR zoning district, with the exception of vacant lots and lots created after May 15, 1992, are as follows: (1) Front setback area. The minimum front setback area shall be thirty feet. (2) Side setback area. The minimum interior side setback area shall be twenty feet and the minimum exterior side setback shall be twenty five feet. (3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single -story structure and sixty feet in the case of a multi -story structure. (b) For vacant lots and lots created after May 15, 1992, the minimum setback area requirements are as follows: (1) Front setback area. The minimum front setback area shall be thirty feet or twenty percent of the lot depth, whichever is greater. 25 120 Attachment 1 (2) Side setback area. The minimum side setback area shall be twenty feet in the case of an interior side setback area and twenty -five feet in the case of an exterior side setback area, or ten percent of the lot width, whichever is greater. (3) Rear setback area. The minimum rear setback area shall be fifty feet in the case of a single -story structure and sixty feet in the case of a multi -story structure, or twenty -five percent of the lot depth, whichever is greater. (c) For the purpose of this Article, "vacant lot" means a parcel with no existing single- family dwelling. (d) Determination of yards for flag lots. On a flag lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for the purpose of measuring the front, side and rear setback area, unless to do so would adversely affect the lot's normal yard orientation in relation to adjacent lots. 13. TemporajS ecial Event Signs 15- 30.060 Signs allowed in any zoning district without a sign permit. The following signs are allowed without a sign permit in any zoning district in the City: (a) Flags, provided that they display only noncommercial messages. The aggregate area of all flags displayed on any lot shall not exceed thirty square feet. No flagpole shall be higher than twenty -five feet. (b) Hand -held signs displaying noncommercial messages. (c) Window signs, provided that the signs do not comprise more than twenty -five percent of the area of any individual window. (d) Temporary special event signs :,,,.hided wit as approved under a special event permit issued per City Code Article 10 -10. There shall be no mefe diaii eight te . I . — 's per- even4 a nNo individual sign shall exceed ten feet in height and sixty square feet in area. (e) Temporary noncommercial signs (including, but not limited to, election signs), provided that: (1) No sign shall be displayed for more than seventy -five cumulative days within a one -year period. (2) No sign shall exceed four square feet in area and four feet in height. (3) The sign shall not be illuminated. (4) No sign shall be thicker than one -half inch, except for support posts firmly planted in the ground. (5) A temporary, noncommercial sign located on private property may incorporate balloons, ribbons, streamers, or other attention - getting devices, provided these devices are not displayed for more than twenty -four consecutive hours at a time, nor more than six twenty- four -hour periods in any one year. 26 121 Attachment 1 (6) No signs shall be located on private property without the permission of the property owner. (7) No sign shall be located on any median, street, travel lane or on any sidewalk where it impedes pedestrian travel. (f) Temporary signs on lots with active construction. In addition to the temporary, noncommercial signs allowed pursuant to subsection 15- 30.060(e), up to two temporary, nonilluminated on -site or noncommercial signs on any active construction site, provided that: (1) The sign shall be located on the same lot as the construction project. (2) One sign may be freestanding, but in such case shall not exceed six feet in height. (3) One sign may be located on a construction fence. (4) No sign shall exceed fifteen square feet in area. (g) Banners on light poles erected or cosponsored by a governmental entity. (h) Traffic control signs and devices erected by a government entity. Lots with a parking area exceeding ten spaces may have up to four signs for every ten parking spaces, where each sign shall not exceed two square feet in area and four feet in height. (i) Utility location signs, utility identification signs, and utility markers erected by a governmental entity. 0) City entrance signs. One permanent sign adjacent to an arterial street at each entrance to the City. The total sign area of each sign shall not exceed fifty square feet. 14. Parking requirements for Health /Fitness Center and Modifications to the parking ratio for Multi - family dwellings per Policy Action 4 -19 of the 2007 -2014 Housing Element. 15- 35.030 - Schedule of off - street parking spaces. Off - street parking spaces shall be provided in accordance with the following schedule: Use Spaces Required (a) Single- family dwelling, Two covered spaces within a garage. excluding second dwelling units (b) Second dwelling unit One covered space within a garage, except as otherwise provided in Article 15 -56 (c) Multi - family dwellings One covered space within a garage for each dwelling unit, plus one and one -half additional spaces on the site for each dwelling unit; provided, however, for dwelling units containing no more than one bedroom and for housing developments occupied exclusively by seniors and students, the required parking shall be one covered space within a garage for each dwelling unit plus 27 122 Attachment 1 123 one -half additional space on the site for each dwelling unit. (d) Hotels and motels One space for each guestroom or for each two beds, whichever is greater. (e) Bed and breakfast One space for each bedroom to be rented, in addition to the establishments spaces required for the single- family dwelling. (f) Schools and day care facilities One space for each employee, including teachers and administrators, plus such additional spaces as determined by the Planning Commission to be adequate for student and visitor parking. (g) Community facilities and One space for each employee and such additional number of institutional facilities not otherwise spaces as may be prescribed by the Planning Commission. described in this Section (h) Places of public assembly, One space for each four seats or one space for each forty square including religious institutions, feet of floor area usable for seating if seats are not fixed, plus theatres, lodge halls, auditoriums one space for each two employees. and mortuaries (i) Clubs, including country clubs, One space for each membership, one space for each employee, recreation clubs, swimming clubs and such additional spaces as may be prescribed by the Planning and tennis clubs Commission. it Health /fitness centers One space for each 150 square feet of gross floor area {j4 Uk Nursing homes One space for each three beds, one space for each two doctors providing medical services on a regular basis, and one space for each two employees. {k) tl Professional and One space for each two hundred square feet of floor area. administrative offices {l} LW Medical offices and clinics One space for each two hundred square feet of floor area. 0;} Ln Intensive retail One space for each two hundred square feet of floor area. establishments 04 jo Extensive retail One space for each five hundred square feet of floor area. establishments {e3 Wi Service establishments and One space for each two hundred square feet of floor area. financial institutions fo tM Restaurants One space for each seventy -five square feet of floor area. In addition, if the restaurant has outdoor dining, one space for each seventy -five square feet of outdoor dining area shall also be provided. 123 Attachment 1 {q} ®r Warehouses, storage One space for each one thousand square feet of floor area. buildings and storage facilities combined with commercial uses (r) Os Commercial uses conducted One space for each employee, and such additional spaces as may primarily outside of buildings, be prescribed by the Planning Commission. public buildings and grounds other than offices, and public utility structures and facilities 15. Administrative Design Review ofMaior Additions 15- 45.065 Administrative design review. The following projects must have received administrative design review approval by the Community Development Director pursuant to this Article prior to issuance of a building permit in any A. R -1. HR. or R -OS district: (1) New single -story residences and accessory structures greater than two hundred fifty square feet in floor area. (2) Major additions in size, defined as: a. Any work that would expand the floor area The ° Nst -Biel ^„ of-, of an existing main or accessory structure by more than fifty percent. b. Any work that would expand the floor area of an existing main or accessory structure A ° htindi:ed squafe feet er greater- addition to ^ r- Feeenstmetion ^shy one hundred square feet or more ofthe se ra stogy of a ,,, st..,,,,ttwe c. Any-work that would modify the existing footprint by more than fifty percent The meniber-s of the exterior- walls which a°fir° the exte ot! bo ndafy of a main structure or an accessory structure. (3) Addition of a basement to an existing structure and enlargement of basements. (b) The application for administrative design review approval shall comply with Section 15- 45.070. The Community Development Director shall not grant design review approval unless the findings set forth in Section 15- 45.080 have been made. (c) If the Community Development Director intends to approve the application, a "Notice of Intent to Approve" will be mailed to all property owners within two hundred fifty feet of the subject property and to others as deemed appropriate. All interested parties will have fifteen calendar days from the date of the "Notice of Intent to Approve" in which to review the application and provide 29 124 Attachment 1 written comments to the Community Development Director. The Community Development Director shall approve or deny the application within fifteen days of the close of the review period and shall mail notice of the decision to the applicant and to any party that has requested a copy of such notice. The Community Development Director's decision is appealable to the Planning Commission within fifteen calendar days of the Director's decision to approve the application. The Planning Commission at a public hearing will review any appeal. Notwithstanding, Section 15- 45.110 or Section 15- 90.020, the decision of the Planning Commission on the appeal shall be final and not subject to appeal to the City Council. (d) If the application is not approved by the Community Development Director, then the applicant may file an appeal within fifteen calendar days of the Community Development Director's decision or deadline to render a decision and have the application heard by the Planning Commission at a de novo public hearing. 16 Decreasing the minimum setback requiring preparation of a Boundary Survey and clarifying when cross sections are required. 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(1), 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 tlFee two feet or closer to a required setback area shall include a boundary survey signed by a licensed land surveyor or registered civil engineer qualified to do property line surveys. Such surveys shall verify the 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) Cfess— ite 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,. etufe is to be eonstfueted on a hillside lot. 30 125 Attachment 1 (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. (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. 17. Timing and certification letter for the installation ofstou poles 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 at least three business dais Generally, will be two weeks prior to advertising the public hearing for the project (or in the case of administrative design review at least three business days w--w� prior to issuance of 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 31 126 Attachment 1 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. For projects twenty -four feet or taller in height or if requested by the Community Development Director or designated representative, A 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 fifteen 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 days prior to the next public hearing on the project. 18. Replacement o Destroyed Nonconforming Structures 19. Limitation on the number of woodburning fireplaces per lot 15- 48.030 - Limitations. (a) Only one wood - burning fireplaces per s,F,,,,tufe (e.g., main °side„°°, guest house) 2 or per multi - family dwelling tmit (i multiple family pfejeets) may be installed in any new construction. All fireplaces in excess of one installed in new construction shall be gas -fired filaees(natural or 32 127 e _ .. .. In I i mlilimwm. I Wil 11101 11 - -- -- =- 19. Limitation on the number of woodburning fireplaces per lot 15- 48.030 - Limitations. (a) Only one wood - burning fireplaces per s,F,,,,tufe (e.g., main °side„°°, guest house) 2 or per multi - family dwelling tmit (i multiple family pfejeets) may be installed in any new construction. All fireplaces in excess of one installed in new construction shall be gas -fired filaees(natural or 32 127 Attachment 1 propane) with dedicated gas jets, direct venting, convection chambers, heat exchanger, variable heat output and flame control, and permanently affixed artificial logs. Excluded are existing fireplaces, regardless of how many exist. (b) It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products, particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic emissions when burned in a wood - burning fireplace. 20. Tree Removals and Solar Panels 15- 50.080 - Determination on permit. (a) Criteria. Each application for a tree removal pruning or encroachment permit shall be reviewed and determined on the basis of the following criteria: (1) The condition of the tree with respect to disease, imminent danger of falling, proximity to existing or proposed structures and interference with utility services, and whether the tree is a Dead tree or a Fallen tree. (2) The necessity to remove the tree because of physical damage or threatened damage to improvements or impervious surfaces on the property. (3) The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters, particularly on steep slopes. (4) The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the general welfare of residents in the area. (5)The age and number of healthy trees the property is able to support according to good forestry practices. (6)Whether or not there are any alternatives that would allow for retaining or not encroaching on the protected tree. (7) Whether the approval of the request would be contrary to or in conflict with the general purpose and intent of this Article. (8) Any other information relevant to the public health, safety, or general welfare and the purposes of this ordinance as set forth in section 15- 50.010 (9) The necessity to remove the tree for economic or other enjoyment of the property when there is no other feasible alternative to the removal. (10) The necessity to remove the tree for installation and efficient operation of solar panels. subject to the requirements that the tree(s) to be removed shall not be removed until solar panels have been installed and replacement trees planted in conformance with the City Arborist's recommendation. 33 128 Attachment 1 (b) Additional recommendations. The Community Development Director may refer the application to another department, commission or person for a report and recommendation. The Director may also require the applicant to furnish a written report from an ISA Certified Arborist acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the discretion of the Community Development Director, City Arborist review may be required before any tree removal, pruning or encroachment permit is issued or before approval of a project involving the removal of, pruning of or encroachment upon one or more protected trees is granted. City Arborist review shall also be at the sole expense of the applicant. (c) Decision by Director. The Community Development Director shall render his or her decision within thirty days after the filing of the application for a permit. The Director may grant or deny the application or grant the same with conditions, including, but not limited to, (1) the condition that one or more replacement trees be planted of a species and size and at locations as designated by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense of the applicant. (d) Security deposits and maintenance bonds. In the case of an application for, or a project involving encroachment on one or more protected trees, the applicant shall post a security deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees involved. The City may also require posting of a maintenance bond or security deposit of at least five years designed to ensure long term maintenance of the affected or replacement trees. Security deposits or maintenance bonds required for protected trees or replacement trees in public or private development may, in the reasonable discretion of the Community Development Director, be refunded upon a determination that the project is in compliance with the City Arborist's requirements and/or Tree Preservation Plan. In the case of violations of this Article or where replacement, restitution, or other remedy required pursuant to Section 15- 50.170 cannot be made on the project site, then such payments shall be made from the deposit or bond being held before any refund is made. 21. Revair or Alteration of Nonconforming Structures 15- 65.020 - Definitions. The following definitions apply throughout this Article, unless the context or the provision clearly requires otherwise: (a) Construction Cost Valuation 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 means the estimated eest valuation, 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 34 129 Attachment 1 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 means routine, recurring, and usual activities for the preservation, protection, and keeping of a 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 means any work that is estimated to result in expenditure (cumulatively), after October 16, 2009, of greater than twenty percent and not exceeding fifty percent of the estimated construction eest valuation of the structure that is the subject of the work. (e) Minor Repair or Alteration. means any work that is estimated to result in the expenditure (cumulatively), after October 16, 2009, of twenty percent or less of the estimated construction east valuation of the structure that is subject of the work. (f) 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 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 means either of the following: (1) Any work that would expand the floor area by more than 50 percent or modify the footprint by more than fifty percent: is estimated to - estiltc in expen it4lr reu-mulatiyely, after Oeteber- 16, 2009, of gr-eater- than fifty per-eent ef the estimated eens4uefien eest ef the S et.1—Ir-P-4ffiffit. is the subject of the . ork; (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). 35 130 Attachment 1 (i) 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. 0) 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 Maintenance Minor Repairs Major Repairs and Voluntary Involuntary Work and Alterations Alterations Reconstruction Reconstruction Description Routine and Work that is Work that is Reconstruction of Reconstruction of an recurring estimated to estimated to result any nonconforming involuntarily Aamwged nonconforming structure activity for the result in the in the expenditure structure that preservation expenditure (cumulatively) of would expand the to its previous floor area by more and protection (cumulatively) of greater than 20% confguration.hieh -is than 50% or of a structure. 20% or less of and not exceeding Repainting or the estimated 50% of the modi y the _x_°°aing 75 peree ' of reroofing (in construction ee64 estimated footprint by more the eenstpaetio eest e than 50 %. kind) is an valuation of the construction eat the °ff" i-° stfu tufe example entire structure valuation of the _. _ooa:rrt 5091 entire structure the ,.enst....e fie.. eest of the entire Applicable Routine Permitted subject Permitted subject Reconstruction Permitted up to 100% of Standards maintenance is to required to Planning exceeding 50% is its previous configuration not subject to permits and Commission not permitted and subject to Planning cumulative specified review and the structure must Commission limits standards findings conform to all determinationtle applicable that reconstruction does standards not exceed the structure's nredamaged first and second story footprint and 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 36 131 Attachment 1 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 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 cast valuation: (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- 65.065 Reconstruction. Reconstruction of any nonconforming structure exceeding fifty percent of the construction cost valuation 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. 37 132 Attachment 1 22. Nonconforming Structures destroyed by natural disasters such as fire. 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 exeeeding ent-y five pefeent of the eenstmetion eest thereof may be reconstructed up to its previous configuration (as to both horizontal and vertical building envelope) so long as S,, ° enst ° provided that the reconstruction does not exceed the structure's predama�ed height, first and second story footprint and does not restore, create or result in a health and/or safety hazard. if the damaged of destfoyed stmetufe "alifies as a heritage fesoufee as defined in Chaptef 13, it may be Feeenstfueted, in eemplianee with Chapter 13 and this subseetion, i that r-epfe"ees the design of the pr-edamaged stfuetufe to the maxiffwm extefft feasible, even if damaged or- destroyed tip to one I+andr-ed per-eefA of the eenstfuetion eest 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: (1) Does not exceed the structure's predamaged size and number of dwelling units; and (2) Maintains the same amount of floor area devoted to residential use as the predamaged structure; and (3) 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. 38 133 Attachment 1 23. Clarify Setbacks e or pool equipment and removing the reference for Planning Commission Review of Emer eenncy and Stand -by Generators. 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 interior 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 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 39 134 Attachment 1 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 a side property line and rear property line of the rear setback area 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 a side property line and rear property line of the rear setback area 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, freestanding 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. Solar energy systems do not require any discretionary approval unless the Building Official has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, in which case a solar energy system use permit is required. Applications for such permits shall be acted upon by the Community Development Director in accordance with California Health and Safety Code 17959.1. (g) Outdoor cooking devices. Subject to approval by the Community Development Director, permanent outdoor cooking devices, 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 eight feet in height. (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 40 135 Attachment 1 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. 0) 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 is not expressly allowed under subsections (a) through (h). (k) Emergency or stand -by generators. No emergency or stand -by generator shall be allowed between the lot line a - in any required front, side or rear setback area, sethaek line. All emergency or stand -by generators shall be required to meet all applicable requirements of the City Code including Article 7 -30 concerning noise. Outside a required front, side, or rear setback area, an emergency or stand -by generator may be permitted upon the granting of a conditional use permit fFem the Plai+ning Commission. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified acoustical consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code including Article 7 -30 concerning noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of nonconforming generators may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15 -45. (1) Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed'-e +we°„ the lot line an in any required front, side or rear setback area. HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7 -30 concerning noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided however, that removal of nonconforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15 -45. 41 136 Attachment 1 24. Definition of Tobacco Product 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, pipe tobacco, hookah tobacco, snuff, chewing tobacco, i in tobacco, and smokeless tobaeee, snus, bidis, or any other preparation of tobacco: and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence. (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 conditional use, tobacco retailers may be allowed upon the granting of a use permit 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 eighteen years of age may sell or exchange tobacco products or tobacco paraphernalia. 42 137 Attachment 1 (4) Sampling of tobacco products by individuals under eighteen years of age shall not be permitted. Therefore, tobacco products shall not be given or sold to individuals under eighteen years of age. (5) Smoking shall be prohibited in a premises deemed a "tobacco retailer ". (c) Limited density of tobacco retailers. Except as set forth in subsection (d), below, no tobacco retailer, not legally in existence as of the effective date of this Section, shall be granted a conditional use permit to operate on a site which is: (1) Within five hundred feet of a site occupied by another tobacco retailer; (2) Within one thousand feet of a site occupied by a public or private elementary, middle, or high school; or (3) Within one thousand 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) 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 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 October 16, 2009, the operator is not required to obtain a conditional use permit or satisfy the density requirements in subsection (d), above, as long as the operator applies for an Administrative Existing Tobacco Retailer Use Permit by April 16, 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 Section 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. (f) 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: 43 138 Attachment 1 (A) That the permit 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 permit 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 Section shall result in a thirty -day suspension of the right to sell tobacco products and tobacco paraphernalia. (B) A second violation of this Section within a sixty -month period shall result in a ninety -day suspension of the right to sell tobacco products and tobacco paraphernalia. (C) A third or subsequent violation of this Section within a sixty -month period may result in a revocation of the right to sell tobacco products and tobacco paraphernalia. (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 ten days of receipt of the Director's decision. An appeal shall stay all proceedings in furtherance of the appealed action. (g) 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. 25. Basements — Geotechnical Review and Lightwells Setbacks 15- 06.405 - Lightwell. "Lightwell" means an excavated area adjacent to a building tha4 extends no mare than f fee that is enclosed on four sides, that is open at the top, and allows light into a below -grade level of a building. 44 139 Attachment 1 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 beneath the building footprint of an enclosed fia er the building footprint of the main structure, ; elud ng ,,,-t,,,.be g T °, and shall not be located, with the exception of lightwells, 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. (b) A lightwell may not extend into a required side setback area more than three feet and into a required rear setback area more than four feet. shall not be loeated within a" feqiii sethaek area and shall not be wider- than fotif feet, as defined in Seetion 15 06.405. (c) A basement shall be a one level structure with a maximum floor to ceiling height of twelve feet. Floor, in this case, means finished floor, and ceiling means the bottom level of the ceiling framing members. (d) All proposed basements and additions to basements identified on the City's Ground Movement Potential Map as being located in an area with significant potential for ground movement shall obtain geotechnical clearance. The applicant shall submit to the Planning Department a geotechnical report prepared by a registered geotechnical engineer or registered civil engineer with competence in geotechnical investigation and design. This report shall include an analysis of seasonal groundwater conditions potentially impacting the project and design recommendations for any appropriate measures to address subsurface water. The geotechnical consultant shall address the potential need for substantial sump pump operation requirements where groundwater is anticipated to rise above the basement floor. Incorporation of subdrain systems beneath basement floors and appropriate waterproofing measures shall be considered during preparation of geotechnical design criteria for basements. (e) Applicant shall submit to the Planning Department a grading and drainage plan stamped and signed by a registered civil engineer. Water collected from a basement shall either be transported to a nearby city storm drain inlet or to another drainage facility. The method of drainage shall be reviewed and approved by the Community Development Director. Disposition and treatment of on- site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES requirements). The size of a proposed basement may be limited based on drainage issues or issues raised in the geologic and geotechnical reports. 26 State Density Bonus Requirements 15- 81.040 - Review procedures. Within ninety days of receipt of a complete proposal, the Community Development Director shall notify the applicant in writing what the staff will recommend as to how the City will comply with 45 140 Attachment 1 this Article, and shall indicate whether staff has determined that the housing development complies with this Article and with the applicable planning and zoning regulations. if hour develepmen4 is proposed as a planned eenmHtmity distfiet, the density beiius and ineentive(s) shall eonsider-ed by the Planning Commission and City Couneil with the aee I . - -zoning. if heusing develapmen4 is not proposed as a planned eemmunity-di i , I quest shall be pfeeesse as part of the design r- i .. Val pr-eeess subjeet to the r-equifements of this The application and all associated project approvals shall be considered by the Planning Commission which shall make a recommendation to the City Council. The City Council shall make a final decision on the proposal and related approvals together with the affordable housing density bonus agreement described in section 15- 81.050. D. Amendments to Chapter 16 (Building Regulations) 27. Build it Green 16- 47.020 - Definitions. For the purposes of this Article, certain words and phrases used herein are defined as follows: (d a) 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 h)L EED- 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- 47.060 - Maintenance of resources. The building official shall maintain a current list of eeftified green building raters an LEED accredited professionals who are qualified to provide LEED certifications, and shall be responsible for administering and implementing the requirements of this Article. 46 141 Attachment 1 28. Ground Movement Potential Article 16 -65 GROUND MOVEMENT POTENTIAL MAPS Sections: 16- 65.010 Purposes of Article. 16- 65.020 Adoption of Ground Movement Potential Maps. 16- 65.030 Md and Mr- Area prohibitions. 16- 65.040 Sls, Sun, S,Sex P s Paf, Pmw, Ps, Pd, Pdf and Ms Area restrictions. 16- 65.050 Psf Area restriction. 16- 65.010 - Purposes of Article. In order to protect the public health, safety and welfare, it is essential to prohibit building in areas of existing earth movement or areas having extreme potential for earth movement, and not to permit building in those areas which are marginally stable and have either moderate or high potential for earth movement unless and until adequate precautionary measures are taken and further professional opinion is obtained certifying that a site is safely developable. The purpose of this Article is to adopt certain ground movement potential maps relating to various areas of the City having actual or potential earth movement, and to establish restrictions and requirements for development in these areas based upon the designations of slope stability as shown on such maps. 16- 65.020 - Adoption of Ground Movement Potential Maps. (a) Reference is hereby made to the following maps, copies of which have been filed with the City Engineer for use and examination by the public, which maps afe is—hereby adopted and incorporated herein by reference, together with any amendments thereto: (1) Ground Movement Potential Maps — City of Saratoga. Call azas Greek Water-she d, dated Anri1 20132013, prepared by Willi Cotton,$hi:M and Associates, Geotechnical Consultants. (2) Gfetmd Movement Potential Map of the Congress Springs Stedy Area, dated May 31, 1977-, pr-epafed by W41l .,m Cott„„ and n s ates Geoteehnieal Consultants-. (3) Gfetind Movement Potential Maps of the Lower- Saratoga Hillside At!ea, dated Deeembef-, 1995, prepared by Teffa4eeh, • Reference is further made to the designations of slope stability shown on said maps, consisting of Sbr, Sls, Sun, Sff-, Sex, g€s Paf, Pmw, Ps, Pd, Pdf, Ms, Md, Mr-f and Psf, which designations graduate generally from the most stable areas to the least stable areas. The precise location of the boundary of each designated area is subject to adjustment by the City on the basis of a site specific geologic and soils report prepared by a certified engineering geologist licensed by the State. (b) The restrictions and requirements set forth in this Article shall apply to all areas as shown on said maps which are located within the City limits, and all areas which may hereafter be added to the City through annexation or other legal process. 47 142 Attachment 1 16- 65.030 - Md and Area prohibitions. (a) No tentative or final subdivision or- building or- -site approval shall be granted for any property which includes land in an Md of Mr- € area, unless such inclusion will not result in or permit any building, structure, driveway or street to be located in such area, and the entire Md of Mr- f area is dedicated as open space on a recorded map or agreement which contains an express prohibition against the construction or installation of any improvements in such area. (b) No building or grading permit shall be issued for the construction or installation of any building or structure or any foundations therefor in an Md E)f NU f area, except for repair, reconstruction or modification of existing structures where such does not increase the floor space under roof and where such repair, reconstruction or modification does not require or involve any new or additional foundation. 16- 65.040 - Sls, Sun, SfF Sex, Pfs Paf, Pmw, Ps, Pd, Pdf and Ms Area restrictions. No tentative or final subdivision of building ding s; *° approval shall be granted, nor shall any building or grading permit be issued for the construction or installation of any new building or structure, or addition to any existing building or structure, nor shall any new building or structure be constructed or installed in any Sls, Sun, Sffl, Sex P s Paf, Pmw, Ps, Pd, Pdf or Ms area unless and until all of the following requirements have been fully satisfied: (a) A geologic and soils investigation report has been prepared in accordance with Section 14- 20.020 of this Code and a site development plan has been prepared in accordance with Section 14- 25.100 of this Code, and such report and development plan have been approved by the City. (b) The geologic and soils report referred to in subsection (a) of this Section is finalized, and contains the opinion of a certified engineering geologist or a registered civil engineer qualified in soil mechanics, stating that the proposed subdivision, building site or land development and the proposed improvements to be constructed or installed thereon, as designed, will be structurally safe from earth movement. (c) The owner of the property executes and files with the City Clerk a written statement representing to the City that he is relying upon the investigation, report and opinion of the owner's geologist, and that if the requested subdivision or site approval or building, grading or other permit or permits are granted, the owner agrees to and does thereby indemnify and hold the City, its officials, officers, boards, commissions, employees, agents and professional consultants, free and harmless from and against any and all claims, actions, damages, suits or liabilities claimed by the owner or any other person by reason of any actual or potential geologic hazard, including, without limitation, land slippage, landslide, earthquake, slope instability, soil or sub -soil instability, or lack of lateral or subjacent support of any kind or nature, including any failure, collapse or damage to any building or structure or its foundation, and further stating that the owner is voluntarily and knowingly assuming the risk thereof. 16- 65.050 - Psf Area restriction. No tentative or final subdivision building s; *° approval shall be granted, nor shall any building or grading permit be issued for the construction or installation of any new building or structure, or addition to any existing building or structure, nor shall any new building or structure be constructed 48 143 Attachment 1 or installed in any Psf area unless and until all of the following requirements have been fully satisfied: (a) A geologic investigation report has been prepared by a certified engineering geologist and approved by the City Geologist, showing the location or suspected location of faults. (b) A set -back zone has been established along the identified or suspected fault location, as approved by the City Geologist, and a map or agreement has been recorded designating such set- back area as open space and prohibiting the construction of any buildings or structures therein. (c) The owner of the property has executed and filed with the City Clerk a written statement and indemnity agreement as described in subsection 16- 65.040(c) of this Article. 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 proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). 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 a de minimis impact on the environment. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. 49 144 Attachment 1 Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 18th day of September, 2013, and was adopted by the following vote on October 2, 2013. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: JILL HUNTER MAYOR OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY ATTEST: CRYSTAL BOTHELIO CLERK OF THE CITY OF SARATOGA Saratoga, California 50 145 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 DEPARTMENT: City Manager's Office PREPARED BY: Brian Babcock Administrative Analyst I SUBJECT: City Median Banner Policy RECOMMENDED ACTION: AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson Approve the resolution establishing the Median Banner Policy and direct staff to install the infrastructure for banners and bring forward a City Code amendment prohibiting banners and other signs in City medians except in accordance with this policy. BACKGROUND: At the July 3 City Council meeting, Vice Mayor Lo requested that a policy regulating event banners in City medians be placed on a future agenda. The request received support from Council Members Miller and Cappello. The City of Saratoga has had an official Banner Policy since June 1990, but the loss of one of the Italian stone pine trees in Blaney Plaza after a March 2011 storm left a void in the City's ability to allow for banner advertising of community events. The City addressed the issue in part with the Light Pole Banner Policy, which was adopted in April 2012 and allowed for banners to be placed on certain City light poles. Due to changes in sign regulations in 2012, some local groups have requested approval to advertise their events with signs in City medians through the Special Event Permit process, which staff has granted on a case -by -case basis. For each request, staff was required to visit proposed banner locations to assess the locations for safety risks, such as reduced driver sight lines. Since the changes were implemented, the City has received four requests for placement of banners in City medians. The attached policy would provide a streamlined alternative to the Special Event Permit process. Like the two previous banner policies before it, this policy sets a clear process for approval that is easy for applicants to understand and follow. The policy also allows for an exception that allows for banners to be placed in City medians other than the locations described in the policy once each year. The exception also allows use of signage that does not meet other standards outlined in the policy, such as size and material. Page 1 of 4 ., Requests for Placement of Banners in Medians Currently, requests for placement of banners in medians are handled through the Special Event Permit process. If the draft policy is approved, applicants would no longer be required to obtain a Special Event Permit in order to place a banner in a City median. Event organizers will be asked to fill out a simple application form that identifies desired locations and dates banners will be placed on medians. As with the earlier policies, banners would be allowed for non - commercial events to be held in the City of Saratoga and open to the public. Locations Staff surveyed the City and selected seven median locations that make for opportune areas to announce Saratoga events. These locations were selected because they are located on arterial roads, do not interfere with other signage, such as the City's monument signs, or aesthetics (a map of the locations is attached to the Median Banner Policy). The seven proposed locations for banner placement are: 1) Intersection of Fruitvale Avenue and Allendale Avenue 2) Saratoga - Sunnyvale Road near Walnut Avenue 3) Saratoga - Sunnyvale Road near Prospect Road 4) Prospect Road and Highway 85 (near Plumas Drive) 5) Saratoga Avenue near Westview Drive 6) Saratoga Avenue near Highway 85 Intersection 7) Intersection of Saratoga Avenue and Fruitvale Avenue Cost Staff recommends that the banners be attached to two five -foot, detachable, black - powder- coated steel signposts at each location. The cost of purchasing and installing these posts is estimated at $715 per location, or a total of approximately $5,000 if all seven proposed locations are approved by Council. Council could decide to fund the cost of the signposts and their installation through its Discretionary Fund. There is currently $100,000 in the Council's Discretionary Fund. The policy also states that staff will hang and remove all banners in these City medians. This is to ensure the proper placement of banners, as well as guarantee the safety of those hanging and removing the banners. It is expected that maintenance workers from the Public Works Department will put up and take down the signs. The cost to install the banners is expected to be approximately $62 for the first banner and $31 for each additional banner. The total cost of installing banners at all seven locations would cost approximately $248. Installation and removal costs are expected to be the same. Consequently, the total amount to install and remove banners at all seven locations would cost the City approximately $496. Staff recommends charging groups $30 per location. The $30 location fee will allow the City to recover some of the cost of installation and removal of the signs, as well as deter groups from monopolizing all banner locations at once. If a fee is instituted, the City would begin collecting it after the updated City fee schedule is approved by the Council in spring 2014. Staff recommends that funds received through the median banner program go to the Public Works Department's Parks and Landscaping Maintenance Budget. Page 2 of 4 147 City Monument Signs The City Council requested that staff investigate mechanisms to ensure that banners and other signs do not interfere with the City monument signs. These signs are located at Saratoga Avenue and Saratoga - Sunnyvale Road. The attached policy will help achieve this goal. For greater protection of monument signs and the aesthetics of medians citywide staff recommends that the City Code be updated to preclude all private signs in City medians except in accordance with this policy. FISCAL IMPACTS: The cost of purchasing and installing two five -foot, detachable, black - powder- coated steel signposts is estimated at $715 per location, or a total of $5,000 if all seven proposed locations are approved by Council. There is currently $100,000 is the Council's Discretionary Fund. Council may direct staff to use a portion of this fund to cover the cost of purchasing and installing the sign posts. The cost to install the banners is expected to be $62 for the first banner and $31 for each additional banner, with the total amount of installing and removing banners at all seven locations costing the City approximately $496. The City will also receive $30 per location, if the policy is approved. Funds received through the program would go into the Public Works Department's Parks and Landscaping Maintenance Budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The policy guiding the installation of banners in the seven identified medians will not be approved. Event organizers with special event permits will be allowed to post signage in City medians, so long as signage does not create a traffic hazard. ALTERNATIVE ACTION(S): If Council does not approve of the $30 per location fee, Council may choose to reduce or increase the fee. Council may also recommend alternative locations in the City where posts can be placed in the medians. If the Council does not agree with funding the purchase and installation of the signposts through its Discretionary Fund, Council can choose to pay for it through a different fund. The Council may also further define banner design requirements (e.g., specifying colors, prohibiting photos of individuals, limiting small font, etc.). FOLLOW UP ACTION(S): Implement Council decision. ADVERTISING, NOTICING AND PUBLIC CONTACT: Page 3 of 4 .• Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Resolution Attachment B: Median Banner Policy Attachment C: Map of Proposed Median Banner Locations Attachment D: Photographs of Proposed Banner Locations Page 4 of 4 149 RESOLUTION 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A MEDIAN BANNER POLICY WHEREAS, the City wishes to provide individuals and groups the opportunity to announce non - commercial events to be held in the City of Saratoga that are open to the public with a streamlined process to make use of City medians while at the same time maintaining, protecting, and enhancing the aesthetics of key entrances to and exits from the City, and maintaining roadway safety; and WHEREAS, the Median Banner Policy furthers the goals of the City's sign regulations, City Code Article 15- 30.10, by assuring use of high - quality signs, preventing sign clutter, highlighting activities in Saratoga, protecting public safety by reducing traffic and safety hazards, and providing a reasonable system of sign control; and WHEREAS, the Median Banner Policy institutes guidelines for event banners that define a review process for banners and offers areas in City medians to effectively announce Saratoga events; and WHEREAS, the Median Banner Policy establishes a new Median Banner application process, which sets a clear process for approval that is easy for event organizers to understand and follow; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby adopt the Median Banner Policy (Attachment A). The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of September 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Bothelio, City Clerk 150 Jill Hunter, Mayor Median Banner Policy The City of Saratoga owns and maintains medians in City streets and uses seven locations in these medians for banners to promote community identity and civic pride, beautify City streets, and inform the public of community events. The City does not post banners in these medians at all times. For median banner locations not being used for a City- sponsored banner, private banners are allowed in accordance with this policy. The following policy describes the City's procedures for banners in the seven identified City medians. No encroachment or other authorization for private use of City property shall be issued to allow banners or signs in any median except in accordance with this policy. This policy is administered by the City Manager's Office. All references to the City refer to the City Manager or a person designated by the City Manager in writing to administer this policy. The Median Banner Policy furthers the goals of the City's sign regulations found at City Code Article 15- 30.10. This section of City Code states that sign regulations are intended to assure use of high - quality signs, prevent sign clutter, highlight city activities, protect public safety by reducing traffic and safety hazards, and provide a reasonable system of sign control. Policy Goals Help inform residents and others of events in Saratoga that are open to the public. Offer event organizers an additional opportunity to promote their Saratoga events. Preserve the City's aesthetic beauty by establishing guidelines for event banners and offering appropriate areas in City medians to inform the public of community events in Saratoga. Maintain roadway safety by establishing a clear and concise policy for proper placement of private banners in City medians. 1 151 Policy Process and Requirements The following Median Banner Policy Matrix specifies the requirements event organizers need to meet in order to have their banners placed in City medians. Item Requirements Median Banner Locations 1) Intersection of Fruitvale Avenue and Allendale Avenue 2) Saratoga - Sunnyvale Road near Walnut Avenue 3) Saratoga - Sunnyvale Road near Prospect Road 4) Prospect Road and Highway 85 (near Plumas Drive) 5) Saratoga Avenue near Westview Drive 6) Saratoga Avenue near Highway 85 Intersection 7) Intersection of Saratoga Avenue and Fruitvale Avenue (Map of locations attached) Private banners may be placed in some or all of these locations when the location is not being used by the City. Permissible Banners Private banners placed in City medians must announce a non - commercial event to be held in the City of Saratoga that is open to the general public and is held by either (a) a non - profit organization or (b) an individual or group without charge or for the purpose of cost - recovery or raising funds on behalf of a non- profit organization. A non - commercial event is an event that does not promote a business or the sale of a good, service, or other commodity. Duration of Banner Posting Private median banners may be posted no earlier than 14 days before the date of the event. Banner Size and Other To ensure that banners are highly effective and Requirements meet City requirements: a) Banners must be between two - and -a -half (21/2) to three - and -a -half (31/2) feet in height and five (5) to six (6) feet in length. b) Banners must be made from a heavy -duty canvas or vinyl material. 2 152 c) One -half (1/2) inch inside diameter metal grommets are to be placed at all four corners of the banner. d) Half moon cuts must be made in banners to allow for proper airflow to prevent ripping and /or tearing. e) Banners must be two -sided so as to be seen from both directions of traffic. f) Banners may not include reflective material, flashing or moving parts, streamers, balloons, flares, pennants, twirlers or similar attention-getting devices. Application Process Applicants must: a) Submit an application for use of one or more of the median banner locations at least 10 City business days in advance of the proposed date for installation. The application shall be on the form developed by the City Manager for that purpose. b) Applications may be submitted no more than six (6) months in advance of the date that the banner is proposed for installation. Applications that do not conflict with dates and locations of City signs on the schedule approved by the City Manager at the time the application is received will be accepted on a first come -first served basis. If multiple applications for the same banner location for the same day received on the same day, the conflict shall be resolved by a random drawing. For the purpose of this policy, the day an application is received is the first City business day that City staff have an opportunity to review the application (for example, an e -mail sent on a Sunday and a letter delivered on a Friday when the City offices are closed would both be considered to be received on the first day that the City offices are open following the date on which the e -mail was sent or letter delivered). c) The application shall be accompanied by a fee of $30 per location. Payment must be received to reserve banner locations. The fee shall be refunded if the application is not 3 153 154 approved. d) The City Manager shall determine the days that each of the median banner locations will be used by the City and make the schedule available to interested members of the public. Banner Hanging and Removal a) Banners must be submitted to the City Manager's Office no later than three (3) City business days before they are to be installed. Banners that do not meet the requirements set forth in this policy will not be hung and will be returned to the applicant. b) Banners will be removed by City staff no more than two (2) City business days after the event date. c) The City will notify event organizers that their banners are ready to be claimed. Banners must be claimed within five (5) City business days once organizers have been notified. Banners not claimed within that time may be disposed of at the discretion of the City Manager's Office. Annual Exception During the 14 days prior to the first Sunday in May, private event banners may be placed in City medians other than the locations described above as follows: a) The alternative locations have been designated by the City Manager as alternative sites that, for the limited duration of the posting, are consistent with the purposes of the City's sign ordinance. b) The banner size, structural design, and hanging and removal procedures meet criteria approved by the City Manager to assure that for the limited duration of the posting, the banners are consistent with the purposes of the City's sign ordinance. c) The City Manager shall specify the alternative locations and the size /structural /hanging and removal procedure requirements referenced above no later than November 15 of each year. d) Applicants must show proof of insurance that satisfies the City's standard insurance requirements. 154 155 e) Applicants shall follow the application process described above. If the applicant proposes to hang and remove the banners in the alternative locations no fee shall be required. Liability The City of Saratoga assumes no responsibility of the loss, theft, or damage to banners or loss, damage, or injury caused by the banners. 155 I Median Banner Locationsh Le N N 1 Fruitvale Avenue and Allendale Avenue 2 Saratoga - Sunnyvale Road near Walnut Avenue 3 Saratoga - Sunnyvale Road near Prospect Road 4 Prospect Road and Highway 85 (near Plumas Drive) 5 Saratoga Avenue near Westview Drive 6 Saratoga Avenue near Highway 85 Intersection 7 Intersy�pon of Saratoga Avenue and Fruitvale Avenue Proposed Banner Locations 157 Proposed Banner Locations 3) Saratoga - Sunnyvale Road near Pros cX ¢ south) 158 Proposed Banner Locations 5) Saratoga Avenue near Westview Drive 159 Proposed Banner Locations 160 Proposed Banner Locations 7) Saratoga Avenue and Fruitvale Avenue (looking south) 161 SARATOGA CITY COUNCIL MEETING DATE: September 18, 2013 DEPARTMENT: Public Works PREPARED BY: John Cherbone Public Works Director SUBJECT: Tree City USA Signs RECOMMENDED ACTION: AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: John Cherbone Approve design and budget for two new Tree City USA signs. REPORT SUMMARY: Background In 2007, the City Council agreed to participate in the Tree City USA program. This program is run through the Arbor Day Foundation and supported by the USDA Forest Service and Community Forestry Program. To be designated as a Tree City, a municipality must meet four standards that were established by the Arbor Day Foundation and the National State Foresters to allow any city or town to easily participate in Tree City USA program. Standards for participation include: 1) Tree board, department, or someone legally responsible for the maintenance of City trees including a professional arborist. 2) A tree care ordinance that provides direction on maintenance, planting, and removal of trees in public places. Additionally, the ordinance must authorize the formation of a tree board or department (which does include an arborist) with the responsibility for creating and implementing an annual work plan. 3) A forestry program with an annual budget of no less than $2 per capita. 4) An annual Arbor Day observance and proclamation. Once designated a Tree City USA, participating cities must apply for recertification each year in December to maintain the Tree City USA title. The renewal process confirms that Tree City USA standards are being met. Page 1 of 2 162 To help identify participation in the program two aluminum Tree City USA signs were placed at the Saratoga Avenue and Saratoga - Sunnyvale Road entrances to the City. Discussion Mayor Hunter would like to upgrade the two existing aluminum Tree City USA signs with two carved wood signs per the attached design. The signs will measure 24 "x 36" and colored a light brown with green lettering. The cost to make and install the two signs is approximately $2,500. FISCAL IMPACTS: Staff identified the City Council's Discretionary budget for purchase of the signs. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The existing aluminum City Tree USA signs would remain as identifiers. ALTERNATIVE ACTION(S): Council can direct staff to investigate other designs. FOLLOW UP ACTION(S): If approved, two new Tree City USA signs will be ordered and subsequently installed on Saratoga Avenue and Saratoga - Sunnyvale Road at their current locations. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Tree City USA sign design. Page 2 of 2 163 SARATOGA Proudly a Tree City USA SARATOGA SIGN PRELIM 8/15/13 164 SARATOGA Proudly a Tree City USA SARATOGA SIGN PRELIM B 8/15/13 165