HomeMy WebLinkAbout03-21-2012 City Council Agenda Packet1
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
MARCH 21, 2012
SPECIAL MEETING – 5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 5:00 P.M.
REPORT ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
March 15, 2012)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
COUNCIL DIRECTION TO STAFF
Instruction to Staff regarding actions on current Oral Communications.
COMMISSION INTERVIEWS – 5:00 P.M.
Interview Time Applicant Name Commission
5:05 p.m. Mr. Walter Marchetti Traffic Safety
5:10 p.m. Mr. E. Tim Harris Traffic Safety
5:20 p.m. Ms. Alexandra Nugent Heritage Preservation
ADJOURN TO CLOSED SESSION –5:40 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation (Government Code section 54956.9 (b): 1 case
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CALL JOINT MEETING TO ORDER – 6:00 P.M. ADMINISTRATIVE
CONFERENCE ROOM, 13777 FRUITVALE AVENUE
1. Joint Meeting with the Saratoga Area Senior Coordinating Council (SASCC)
Recommended Action:
Informational Only
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.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
In Compliance with the Americans with Disabilities Act, if you need assistance to
participate in this meeting, please contact the City Clerk at 408/868-1269. Notification
24 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II]
Certificate of Posting of Agenda:
I, Debbie Bretschneider, Deputy City Clerk for the City of Saratoga, declare that the
foregoing agenda for the meeting of the City Council was posted and available for public
review on March 15, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA
95070 and on the City’s website at www.saratoga.ca.us.
Signed this 15th day of March 2012 at Saratoga, California.
Debbie Bretschneider
Deputy City Clerk
Table of Contents
Agenda 3
City Council Meeting Minutes
Staff Report 8
Attachment A: February 29, 2012 City Council Study
Session Minutes 10
Attachment B: March 7, 2012 City Council Meeting
Minutes 16
Review of Accounts Payable Check Registers
Staff Report for 3-21-12 23
Check Register 3-6-12 25
Check Register 3-13-12 30
Treasurer’s Report for the Month Ended February 29, 2012
Treasurer’s Report for the Month Ended February 29,
2012 33
Resolution in Support of Assembly Bill 1816
Staff Report 40
Attachment A: Resolution in Support of Assembly Bill
1816 42
Attachment B: Assembly Bill 1816 Fact Sheet 43
Attachment C: Assembly Bill 1816 Language 44
Electrical Vehicle Charging Stations
Staff Report 51
1. Locations 53
2. Master Service and Subscription Agreement with CTI 55
3. ChargePoint America Station Award Agreement with
CTI 67
Construction Agreement with REJ Electric Company 74
Subdivision Improvement Agreement
Staff Report 101
Subdivision Improvement Agreement 103
Resolution No. SD 88-005.1 128
Extension of the surplus parking provision in City Code Section
15-35.020(k)
Staff Report 129
Ordinance 130
Development Agreement, Design Review, and Conditional Use
Permit for a New Two-Story Home, Secondary Dwelling Unit,
Equestrian Facilities and Variation from Standards for Lot
Coverage at 22100 Mount Eden Road.
Staff Report 134
Approval Resolution 137
Development Agreement Ordinance 152
Development Agreement 156
Exhibit A - Plans and Color Board 165
Exhibit A1 - Development Proposal 180
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Exhibit A2 - Legal Description Parcel 181
Exhibit B - Conservation Easement 182
Exhibit B1 and B2 193
Exhibit C - Trail Easement 196
Exhibit C1 and C2 202
Mitigated Negative Declaration 205
Planning Commission minutes 2-8-12 234
Public Hearing on Resolution Ordering Abatement of a Public
Nuisance by Removal of Hazardous Vegetation (Weeds)
Staff Report 237
Attachment A: Resolution Ordering Abatement of
Hazardous Vegetation 239
Attachment B: 2012 Weed Abatement Program
Commencement Report 241
Attachment C: Resolution 11-081 Declaring Hazardous
Vegetation (Weeds) to be a Public Nuisance 245
Attachment D: Resolution 12-004 Declaring Abatement
of a Public Nuisance as to Specified Properties
Containing Hazardous Vegetation 247
Blaney Plaza Reservation Policy
Blaney Plaza Reservation Policy 253
Saratoga Village Light Poles Vertical Banner Policy
Saratoga Village Light Poles Vertical Banner Policy 255
Proposed Policy Regulating the Public Use of Banners
on the Saratoga Village Light Poles 257
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Wednesday, March 21, 2012
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
March 15, 2012)
REPORT FROM CLOSED SESSION
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
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.
1. City Council Meeting Minutes
Recommended action:
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
3
Approve minutes for the City Council Study Session on February 29, 2012 and City
Council Meeting on March 7, 2012.
2. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept check registers for the following accounts
payable payment cycles:
March 6, 2012
March 13, 2012
3. Treasurer’s Report for the Month Ended February 29, 2012
Recommended action:
Review and accept the Treasurer’s Report for the month ended February 29, 2012.
4. Resolution in Support of Assembly Bill 1816
Recommended action:
Approve resolution in support of Assembly Bill 1816.
5. Electrical Vehicle Charging Stations
Recommended action:
1. Approve Master Service and Subscription Agreement with Coulomb Technologies,
Inc. and authorize the City Manager to execute the same.
2. Approve ChargePoint America Station Award Agreement with Coulomb
Technologies, Inc. and authorize the City Manager to execute the same.
3. Approve Construction Agreement with REJ Electric Company to install the
charging stations in the amount of $30,512.96 and additional $3,000 for unforeseen
circumstances and authorize the City Manager to execute the same.
6. Subdivision Improvement Agreement
Recommended action:
1. Approve Subdivision Improvement Agreement between Peach Hill Road, LLC and
the City of Saratoga.
2. Authorize the City Manager to execute the same.
7. Extension of the surplus parking provision in City Code Section 15-35.020(k)
Recommended action:
Staff recommends the Council waive the Second Reading and adopt the Ordinance
amending the Zoning Regulations related to Off-Street Parking and Loading
Facilities.
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. Development Agreement, Design Review, and Conditional Use Permit for a New
Two-Story Home, Secondary Dwelling Unit, Equestrian Facilities and Variation from
Standards for Lot Coverage at 22100 Mount Eden Road.
Recommended action:
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Staff recommends that the City Council introduce and waive the first reading of the
Ordinance adopting the Development Agreement and adopting the Resolution
adopting the Mitigated Negative Declaration and approving the Development
Agreement, Design Review, and Conditional Use Permit subject to conditions of
approval.
9. Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal
of Hazardous Vegetation (Weeds)
Recommended action:
Open the public hearing, listen to public testimony, and close public hearing.
Consider any objections to the proposed Order for Abatement of Hazardous
Vegetation and sustain or overrule any objections as to specific properties. Adopt the
resolution ordering abatement as to specified properties (with modifications if any
objections are sustained).
OLD BUSINESS
10. Blaney Plaza Reservation Policy
Recommended action:
Review report and provide direction to staff regarding the Blaney Plaza Reservation
Policy.
NEW BUSINESS
11. Saratoga Village Light Poles Vertical Banner Policy
Recommended action:
Staff recommends adopting the attached Policy Regulating the Public Use of Banners
on the Saratoga Village Light Poles.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
City School Ad Hoc
Hakone Foundation Board
Hakone Foundation Executive Committee
Let’s Move City Ad Hoc
Santa Clara County Cities Association
Santa Clara County Cities Association Selection Committee
TEA Ad Hoc
West Valley Mayors and Managers Association
West Valley Sanitation District
Vice Mayor Jill Hunter
Hakone Foundation Board
Historical Foundation
KSAR Community Access TV Board
SASCC
Village Ad Hoc
West Valley Flood Control & Watershed Advisory Committee
Council Member Emily Lo
Association of Bay Area Governments
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Highway 9 Ad Hoc
Library Joint Powers Authority
Sister City Liaison
Village Ad Hoc
Council Member Howard Miller
City School Ad Hoc
Council Finance Committee
Postal Service Liaison
Santa Clara Valley Water District Commission
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
Highway 9 Ad Hoc
Let’s Move City Ad Hoc
Santa Clara County Emergency Council
TEA Ad Hoc
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.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Debbie Bretschneider, Deputy 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 March 15, 2012, 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
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Signed this 15th day of March 2012 at Saratoga, California.
Debbie Bretschneider
Deputy City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
03/21 Regular Meeting –Joint Meeting with SASSC
04/04 Regular Meeting – (5:30 p.m. – Community Center) Joint Meeting with
School Districts
04/18 Regular Meeting –Joint meeting with Mountain Winery
05/02 Regular Meeting –Joint Meeting with Youth Commission
05/16 Regular Meeting –Joint Meeting with Montalvo Arts
06/06 Regular Meeting –Joint Meeting with Planning Commission
06/20 Regular Meeting – (5:30 p.m. – Community Center) Joint Meeting with
HOA’s
07/04 Fourth of July –City Hall closed
07/18 Regular Meeting
08/01 Recess
08/15 Regular Meeting –Joint meeting with Hakone Foundation
09/05 Regular Meeting –Joint Meeting with Parks and Rec/PEBTAC
09/19 Regular Meeting –Joint Meeting with West Valley Board of Trustees
10/03 Regular Meeting –Joint Meeting with Saratoga/Monte Sereno Community
Foundation
10/17 Regular Meeting -- Joint Meeting with Traffic Safety Commission
11/07 Regular Meeting –Joint Meeting with Library Commission
11/21 Regular Meeting –Joint Meeting with Saratoga Ministerial Association
12/04 City Council Reorganization
12/05 Regular Meeting –Joint meeting with HPC and Historical Foundation
12/19 Regular Meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2012
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve minutes for the City Council Study Session on February 29, 2012 and City Council
Meeting on March 7, 2012.
BACKGROUND:
The draft minutes for the City Council Study Session on February 29, 2012 and City Council
Meeting on March 7, 2012 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.
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Page 2 of 2
ATTACHMENTS:
Attachment A: February 29, 2012 City Council Study Session Minutes
Attachment B: March 7, 2012 City Council Meeting Minutes
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1
MINUTES
SARATOGA SPECIAL CITY COUNCIL MEETING
SARATOGA CITY HALL – ADMINISTRATIVE CONFERENCE ROOM
FEBRUARY 29, 2012
CALL MEETING TO ORDER
Mayor Page called the meeting to order at 5:40 p.m.
ROLL CALL
PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo,
Vice Mayor Jill Hunter, Mayor Chuck Page
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Crystal Morrow, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance and Administrative Services Director
James Lindsay, Community Development Director
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Morrow reported that pursuant to Gov’t. Code 54954.2, the agenda for
this meeting was properly posted on February 23, 2012.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
None
COUNCIL DIRECTION TO STAFF
1. Strategic Plan Study Session
Recommended Action:
Accept report and direct staff accordingly.
City Manager Dave Anderson shared that the purpose of tonight’s study session is
to define the Council goals and achieve Council consensus on the goals and their
definitions. City Manager Dave Anderson then invited the Council to share their
suggestions to the goals and their definitions.
Council Member Emily Lo asked if the Council should also prepare a mission
statement.
The Council discussed the need for a mission statement, previous efforts to define
a mission statement for the City, and possible language for a mission statement.
Possible language included:
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- To uphold and enhance quality of life in Saratoga
- To protect and enhance quality of life in Saratoga
Vice Mayor Jill Hunter indicated that a mission statement had been prepared
several years ago and asked staff to check City records to see if the mission
statement could be found.
The Council agreed to place discussion on the mission statement on hold and
discuss at a future meeting, if necessary.
Council Member Manny Cappello proposed addition of a goal that reflects the
City’s efforts to respond to, adapt to, and take advantage of new technologies.
The Council decided to table discussion on the addition of a technology related
goal until the end of the meeting to determine if the importance of technology is
reflected in the objectives of other goals.
GOOD GOVERNANCE
Council Member Miller expressed concern about using the term “Good
Governance” for one of the City goals, as it implies that the City’s governance is
not good and the City is striving towards good governance.
Mayor Chuck Page proposed that the goal be modified to reflect the importance
of the City Council’s leadership role in the community and City government.
Council Member Emily Lo proposed the following language for the goal
definition: “responsible, trustworthy government dedicated to delivering effective,
high quality services to the community.”
The Council discussed the verbiage of the definition proposed by Council
Member Emily Lo and the definition provided by staff and the title of the goal.
COUNCIL DIRECTION
The Council agreed to rename the goal as “City Leadership” and defined it as to
“provide a proactive, responsible, responsible, inclusive, respectful, transparent,
and trustworthy government dedicated to delivering effective high quality
leadership for the community.”
FISCAL STEWARDSHIP
Vice Mayor Hunter advocated adding public education on the City’s budget and
finances to the definition for Fiscal Stewardship or as one of the objectives for the
goal.
Council Member Howard Miller distinguished between meeting the legal
requirements associated with government finance and proactively seeking ways to
improve the City’s finances. Council Member Miller suggested that the definition
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of the Fiscal Stewardship goal reflect the City’s efforts to be proactive in
improving the state of the City’s budget and finances.
Council Member Lo suggested the following definition for Fiscal Stewardship:
“ensure fiscal responsibility to maintain and strengthen fiscal health and
stability.”
Mayor Chuck Page indicated that the definition or objectives for Fiscal
Stewardship should include references to the City’s reserve policies and economic
development efforts.
The Council discussed Council Member Miller’s proposal to include language in
the Fiscal Stewardship definition that reflects the City’s efforts to proactively
improve the City’s financial status.
COUNCIL DIRECTION
The Council agreed upon the following language for Fiscal Stewardship: “ensure
fiscal responsibility and transparency, proactively seeking opportunities for
improvement.”
PUBLIC SAFETY
The Council discussed the definition provided by staff and agreed to keep the
existing definition.
FACILITY & INFRASTRUCTURE
Council Member Miller expressed concerns about the lack of a replacement plan
for City facilities and suggested that the objectives for the Facility &
Infrastructure goal provide for the eventual replacement of City facilities.
Council discussed the definition proposed by staff and agreed to leave it as is.
COMMUNITY PRESERVATION
Mayor Page indicated he disliked use of the word “preservation,” because it is
frequently interpreted too literally.
Council Member Cappello suggested that the word “respect” could be used as an
alternative to “preserve” in the definition of the goal.
The Council discussed the definition of “preserve” and whether it was an
appropriate word to use as part of the goal name or definition.
Council Member Lo suggested that the word “preservation” be used in reference
to the character of the City, rather than the physical aspects of the City.
Council Member Miller felt that the word “preservation” is too restrictive.
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Vice Mayor Hunter advocated for keeping the word “preservation” in the
definition in some fashion.
Council Member Cappello proposed that the word “preserve” be used in relation
to preservation of historical assets.
Council Member Miller expressed that it is important to honor and respect the
City’s heritage.
Council Member Lo said she felt that while honoring and respecting the City’s
heritage, the definition of the goal should use stronger language to reflect the need
to maintain the City’s character.
Council Member Miller agreed that it is important to capture the desire to
preserve neighborhood character and community feel.
Vice Mayor Hunter requested that the Heritage Tree Program be added to the list
of the goal’s objectives.
COUNCIL DIRECTION
Revise the title of the goal to “Community Heritage” and change the language of
the goal definition to “honor and respect Saratoga’s heritage; preserve significant
historical assets and small town character.” Council also directed staff to add
“Maintain Heritage Tree Program” as an objective and reflect the Hillside
Reserve Policy as an objective or a strategy.
COMMUNITY ENRICHMENT
Vice Mayor Hunter suggested that historical and cultural assets, like Hakone
Gardens and Montalvo, be emphasized under the objectives for this goal.
Promoting and supporting local cultural facilities, assets, and events could be
listed as a strategy under the objective, “Engaged and Vibrant Community.”
Council Member Miller proposed that Improvement of the Congress Springs
Quarry Property be listed as an objective under the Community Enrichment goal.
Council agreed to keep the definition of Community Enrichment provided by
staff.
ENVIRONMENTAL SUSTAINABILITY
Council discussed the definition of Environmental Sustainability and agreed to
use the definition proposed by staff.
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[At this time, Council returned to discussion on Council Member Cappello’s
proposal to include Technology as a separate goal and other additions to the
Strategic Plan.]
Council Member Miller expressed concern with Technology as a goal, as it
overlaps with other goals already listed. However, if Technology is added as a
separate goal, the definition might be worded as “apply new technology for the
betterment of the community.”
Mayor Page added that “support community demand for data access” could be
listed as an objective.
Council Member Lo said she preferred the language “support community demand
for technology needs” as an objective.
Council Member Miller also suggested the following objectives:
- Use technology to improve City efficiency
- Employ new building standards and technology to improve building
efficiency
- Implement technology that allows the City monitor and manage traffic in the
Saratoga in real time
- Reduce waste through a zero waste plan
- Implement license plate readers on Sheriff’s Office vehicles in Saratoga
City Manager Dave Anderson suggested that Technology include real time
Village parking status information for mobile devices as and making City
operations paperless as objectives.
Council Member Lo asked if the strategic plan reflected the City’s interest in
upholding services not provided by the City, such as waste water treatment or
sewage.
Mayor Page said he did not feel that it was necessary to add this as a goal, since
the City does not have responsibility for these outside services. However, the
members of the City Council may choose to serve as an advocate for residents
when they are struggling with outside service providers.
Council Member Cappello suggested that providing a business friendly
environment should be listed as an objective under Community Enrichment, even
though it is listed as an objective under Fiscal Stewardship.
Council discussed follow up actions to the study session.
COUNCIL DIRECTION
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Include “foster a business friendly environment” within the Engaged and Vibrant
Community objective listed under the goal Community Enrichment. Schedule
another study session for Council to review the strategic plan materials.
ADJOURNMENT
The meeting was adjourned at 8:05 p.m.
Minutes respectfully submitted:
Crystal Morrow, City Clerk
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MINUTES
SARATOGA SPECIAL CITY COUNCIL MEETING
MARCH 7, 2012
The City Council held a special City Council Meeting with the Santa Clara County
Sheriff’s Office in the Administrative Conference Room to present on Coplink and
SAFE.
SARATOGA REGULAR CITY COUNCIL MEETING
MARCH 7, 2012
At 7:06 p.m., Mayor Page called the meeting to order and led the Pledge of Allegiance.
ROLL CALL
PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo,
Vice Mayor Jill Hunter, Mayor Chuck Page
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Richard Taylor, City Attorney
Crystal Morrow, 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
Monica LaBossiere, Human Resources Manager
Cynthia McCormick, Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Crystal Morrow reported that pursuant to Gov’t. Code 54954.2, the agenda for
this meeting was properly posted on March 1, 2012.
REPORT FROM CLOSED SESSION
City Attorney Richard Taylor announced that there were no reportable actions from the
Closed Session.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Linda Rodgers, El Camino Hospital Foundation Board Member, shared information
about the Silicon Valley Duck Race at Vasona Lake Park on June 10, 2012. Event details
are available online at www.siliconvalleyduckrace.org.
Communications from Boards and Commissions
Vita Bruno, Parks and Recreation Commissioner, announced the Parks and Recreation
Commission’s Let’s Walk Saratoga program and invited the Council and the public to
participate in a guided walk along Joe’s Trail starting at the Congress Springs Park
trailhead on May 20, 2012. Additional information will be made available on the City
website, newsletter, and activity guide. 16
Mayor Page reviewed the Joint Meeting with the Santa Clara County Sheriff’s Office,
including a summary of the Coplink and SAFE presentations and efforts employed by the
Sheriff’s Office to prevent crime.
ANNOUNCEMENTS
Council Member Miller shared that the Saratoga Recreation Activity Guide would be
mailed to residents next week. He noted that the Activity Guide will include many
summer camp programs for children. Councilmember Miller also announced the Saratoga
High School performance of South Pacific on March 8, 9, and 10.
Vice Mayor Hunter shared information on upcoming Persian New Year events and the St.
Patty’s day event on March 17 in the Village.
Mayor Page announced that the City is currently accepting applications for the Planning
Commission, Heritage Preservation Commission, Traffic Safety Commission, and Youth
Commission. Applications for the Planning Commission, Heritage Preservation
Commission, and Traffic Safety Commission are due March 13, 2012. Youth
Commission applications are due May 17, 2012.
CEREMONIAL ITEMS
1. Proclamation Declaring the Week of March 5, 2012 as Science Fair Week
Recommended action:
Read and present proclamation declaring the week of March 5, 2012 as Science Fair
Week.
Mayor Page read and presented the proclamation to Veena Jain, a member of the
Santa Clara Valley Science and Engineering Fair Association Board of Directors
SPECIAL PRESENTATIONS
2. Saratoga Serves Presentation
Recommended action:
Listen to a brief presentation on the Saratoga Ministerial Association’s Saratoga
Serves program.
Council Member Howard Miller introduced the presentation and invited
representatives from the Saratoga Ministerial Association on stage to recognize
Mayor Page and share information on upcoming Saratoga Serves activities, including
a community barbeque hosted by the City of Saratoga at Wildwood Park on March
25, 2012 at 3:00 p.m. in Wildwood Park.
3. Chamber of Commerce City Branding Presentation
Recommended action:
Receive presentation by the Saratoga Chamber of Commerce on the branding effort to
help promote businesses within the City.
Peggy Wynne Borgman, owner of Preston Wynn, shared a presentation on the
Saratoga Chamber of Commerce branding efforts.
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Vicky Selig, Saratoga Chamber of Commerce Member, spoke on the Chamber’s
branding efforts and announced that the Chamber of Commerce offices are now open
on Saturdays.
Members of the Council thanked Peggy Wynne Borgman for her presentation and the
Chamber of Commerce for leading branding efforts.
CONSENT CALENDAR
4. City Council Meeting Minutes
Recommended action:
Approve minutes for the City Council Retreat on January 26, 2012 and City Council
Meeting on February 15, 2012.
MILLER/HUNTER MOVED TO APPROVE THE MINUTES FOR THE CITY
COUNCIL RETREAT ON JANUARY 26, 2012 AND CITY COUNCIL
MEETING ON FEBRUARY 15, 2012. MOTION PASSED 5-0-0.
5. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept check registers for the following accounts
payable payment cycles:
February 8, 2012
February 21, 2012
February 28, 2012
MILLER/HUNTER MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:
FEBRUARY 8, 2012
FEBRUARY 21, 2012
FEBRUARY 28, 2012
MOTION PASSED 5-0-0.
6. Treasurer’s Report for the Month Ended January 31, 2012
Recommended action:
Review and accept the Treasurer’s Report for the month ended January 31, 2012.
MILLER/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED JANUARY 31, 2012. MOTION PASSED 5-0-0.
7. Records Management Program: Resolution Authorizing Final Disposition of Certain
City Records
Recommended action:
Adopt resolution authorizing final disposition of certain city records.
RESOLUTION NO. 12-012
MILLER/HUNTER MOVED TO ADOPT RESOLUTION AUTHORIZING
FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 5-
0-0.
18
8. Landscaping & Lighting Assessment District LLA-1; Resolutions Initiating Renewal
of the District for FY 12-13.
Recommended action:
1. Move to adopt the Resolution describing improvements and directing preparation
of the Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
RESOLUTION NO. 12-014
MILLER/HUNTER MOVED TO ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE
ENGINEER’S REPORT. MOTION PASSED 5-0-0.
RESOLUTION NO. 12-015
MILLER/HUNTER MOVED TO ADOPT THE RESOLUTION APPOINTING
THE ATTORNEY’S FOR THE DISTRICT. MOTION PASSED 5-0-0.
9. 2012 Saratoga Community Band Concert at Wildwood Park
Recommended action:
Review report and approve expenditure of $240 of Community Events funding for the
2012 Saratoga Community Band Concert at Wildwood Park.
MILLER/HUNTER MOVED TO APPROVE EXPENDITURE OF $240 OF
COMMUNITY EVENTS FUNDING FOR THE 2012 SARATOGA
COMMUNITY BAND CONCERT AT WILDWOOD PARK. MOTION PASSED
5-0-0.
10. Memorandum of Understanding for Use of Saint Andrew’s Parish as an Emergency
Volunteer Center
Recommended action:
Authorize the City Manager to sign the Memorandum of Understanding between the
City of Saratoga and the Saint Andrew’s Episcopal Church and School to use for use
of the Saint Andrew’s parish as an Emergency Volunteer Center.
Council Member Cappello removed this question to request additional information
about equipment used at the Emergency Volunteer Center during a disaster.
Bill Brooks provided additional information about the equipment provided by the
Saint Andrew’s Episcopal Chuck and School for use when the Emergency Volunteer
Center is active.
CAPPELLO/MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF SARATOGA AND THE SAINT ANDREW’S EPISCOPAL CHURCH AND
SCHOOL TO USE FOR USE OF THE SAINT ANDREW’S PARISH AS AN
EMERGENCY VOLUNTEER CENTER. MOTION PASSED 5-0-0.
11. Resolution in Support of the West Valley-Mission Community College District
Facilities Improvement June 2012 Bond Measure
Recommended action:
19
Approve resolution in support of the West Valley-Mission Community College
District Facilities Improvement June 2012 Bond Measure.
Council Member Lo removed this item from the Consent Calendar to request
additional information about the West Valley-Mission Community College District
bond proposed for the June 2012 ballot.
West Valley College President Lori Gaskin and West Valley-Mission Community
College Board of Trustees President Adrienne Grey provided additional information
about the bond.
RESOLUTION NO. 12-013
LO/CAPPELLO MOVED TO APPROVE RESOLUTION IN SUPPORT OF THE
WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT
FACILITIES IMPROVEMENT JUNE 2012 BOND MEASURE. MOTION
PASSED 5-0-0.
PUBLIC HEARINGS
12. Removal of the Time Period for the Village Surplus Parking Provisions
Recommended action:
Introduce ordinance amending the City Code to remove the time period in the Village
surplus parking provisions.
Community Development Department Planner Cynthia McCormick provided the staff
report to the City Council on this item.
Mayor Page invited public comment on the item.
No one requested to speak.
CAPPELLO/MILLER MOVED TO INTRODUCE ORDINANCE AMENDING
THE CITY CODE TO REMOVE THE TIME PERIOD IN THE VILLAGE
SURPLUS PARKING PROVISIONS. MOTION PASSED 5-0-0.
At this time, Mayor Page invited members of a Saratoga Boy Scout Troop to
introduce themselves.
OLD BUSINESS
None
NEW BUSINESS
13. Amendment to California Public Employees’ Retirement System (CalPERS) Contract
– Miscellaneous Employees
Recommended action:
That the City Council introduce and waive the first reading of an ordinance
authorizing an amendment to the Contract between the Board of Administration of
20
the California Public Employees’ Retirement System (CalPERS) and the City Council
of the City of Saratoga and adopt the attached Resolution of Intention.
Human Resources Manager Monica LaBossiere presented the staff report.
Mayor Page opened public comment period.
No one requested to speak on this item.
MILLER/HUNTER MOVED TO INTRODUCE AND WAIVE THE FIRST
READING OF AN ORDINANCE AUTHORIZING AN AMENDMENT TO
THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
(CALPERS) AND THE CITY COUNCIL OF THE CITY OF SARATOGA
AND ADOPT THE RESOLUTION OF INTENTION. MOTION PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
Santa Clara County Cities Association – there will be a meeting of the Cities Association
on March 8, 2012.
West Valley Sanitation District – Mayor Page shared an update on upcoming sewer
projects and announced that the Sanitation District will be meeting the week of March 12,
2012.
Vice Mayor Jill Hunter
Vice Mayor Hunter announced that she participated in a meeting of Vice Mayors from
the West Valley cities.
Historical Foundation – the Historical Foundation is planning to seek grant funding for
display cases.
SASCC – Vice Mayor Hunter shared an update on the status of SASCC investments.
Council Member Emily Lo
Library Joint Powers Authority – the Library Joint Powers Authority will be holding a
special meeting to discuss the construction costs for the County Library’s new
headquarters. Council Member Lo indicated she would be unable to attend the special
meeting and asked Vice Mayor Hunter to attend.
Council Member Howard Miller
Council Finance Committee – the Finance Committee is reviewing finance polities. At
the last meeting, the Committee reviewed the City’s investment policy.
Saratoga Ministerial Association – Council Member Miller encouraged Saratoga
residents to participate in Saratoga Serves activities.
West Valley Solid Waste Management Joint Powers Authority – the Executive Director of
the West Valley Solid Waste Management Authority has been removed. The Executive
Director position will be filled by someone with the consulting firm that currently staffs
the Authority. Council Member Miller added that the Authority will be discussing the
possibility of revising the rate structure to include street sweeping and the Authority
expenses at the May meeting of the Authority. The City Council may want to discuss this
possibility and provide a recommendation to the Authority.
Council Member Manny Cappello
21
Chamber of Commerce – Council Member Cappello reported on his participation on the
Chamber of Commerce branding efforts.
County HCD Policy Committee – there is a meeting of the County HCD Policy
Committee on March 8, 2012.
Santa Clara County Emergency Council – the next meeting of the Santa Clara County
Emergency Council is the week of March 12, 2012.
CITY COUNCIL ITEMS
Mayor Page indicated that he may bring forward policy on appropriate Council Member
and Commissioner interactions with the public.
CITY MANAGER’S REPORT
City Manager Dave Anderson announced that Manny Cappello had agendized an item at
the Santa Clara County Housing and Community Development Advisory Committee
(HCDAC) meeting. Dave Anderson sent a letter in support of this item urging completion
of the Local Priorities Plan to guide allocation of CDBG Public Service Funds.
ADJOURNMENT
MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:46 P.M.
MOTION PASSED 5-0-0.
Minutes respectfully submitted:
Crystal Morrow, City Clerk
22
Dave Anderson
Mary Furey Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept check registers for the following accounts payable payment cycles:
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending Check
No.
SARATOGA CITY COUNCIL
MEETING DATE:March 21, 2012 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:
Checks
Released
March 6, 2012
March 13, 2012
Total Checks AmountType of Checks Date
Starting
Check No.
Ending Check
No.
DEPT. DIRECTOR:
Prior Check Register
3/6/12 119666 119723 58 188,451.96 03/06/12 2/28/12 119665
3/13/12 119724 119763 40 148,660.50 03/13/12 3/6/12 119723
Date Check No. Issued to Dept.Amount
3/6/12 119683
PW 103,265.28
3/13/12 119729
Fac 21,817.80
3/13/12 119735
PW 37,304.50
AP Date Check No.Amount
2/28/12 119603 Void - Reissue 300.00
2/28/12 119610 Void - Reissue 240.00
Accounts Payable checks voided during this time period:
Cal Sports Club
Alice Chiou
Issued to
Hakone ADA Ramp/Door
CIP/Grants - Streets Village Ped Enhancement
Status
Bortolotto & Company CIP - Streets 2012 Pavement Program
Accounts Payable checks issued for $20,000 or greater:
Fund Purpose
Bill Brown Construction CIP - Parks
David Gates & Assoc
Accounts Payable
Accounts Payable
PDF created with pdfFactory Pro trial version www.pdffactory.com23
Fund #03/06/12 03/13/12 Total
111 General Fund 42,652.74 34,937.84 77,590.58
231 Village Lighting 3,153.30 3,153.30
232 Azule Lighting 237.70 237.70
233 Sarahills Lighting 251.65 251.65
241 Arroyo de Saratoga Landscape 85.00 85.00
242 Bonnet Way Landscape 135.00 135.00
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape 150.00 150.00
245 Fredericksburg Landscape 132.00 132.00
246 Greenbriar Landscape 406.00 406.00
247 Kerwin Ranch Landscape 311.00 1,357.75 1,668.75
248 Leutar Court Landscape 85.00 85.00
249 Manor Drive Landscape 160.00 160.00
251 McCartysville Landscape 201.16 72.49 273.65
252 Prides Crossing Landscape 530.34 2,373.27 2,903.61
253 Saratoga Legends Landscape 158.00 158.00
254 Sunland Park Landscape 203.00 203.00
255 Tricia Woods Landscape 55.54 55.54
271 Beauchamps Landscape 128.61 128.61
272 Bellgrove Landscape 2,011.01 2,011.01
273 Gateway Landscape 253.64 253.64
274 Horseshoe Landscape/Lighting 329.53 329.53
275 Quito Lighting 1,262.27 1,262.27
276 Tollgate LLD 90.00 90.00
277 Village Commercial Landscape 75.00 599.97 674.97
311 Library Bond Debt Service 925.00 925.00
411 CIP Street Projects 6,267.83 21,417.55 27,685.38
Fund Description
Cash reductions by fund:
411 CIP Street Projects 6,267.83 21,417.55 27,685.38
412 CIP Park & Trail Projects 22,355.31 22,355.31
413 CIP Facility Projects 11,361.44 1,145.28 12,506.72
414 CIP Admin Projects 292.51 292.51
421 Tree Fund -
431 Grant Fund - CIP Streets 505.92 44,219.15 44,725.07
432 Grant Fund - Parks & Trails -
481 Gas Tax Fund 103,265.28 103,265.28
611 Liability/Risk Mgt 11,133.95 11,133.95
621 Office Support 609.35 2,406.38 3,015.73
622 IT Services 172.60 1,486.29 1,658.89
623 Vehicle & Equipment Maint 225.00 2,321.17 2,546.17
624 Building Maintenance 11,927.05 2,541.59 14,468.64
632 -
188,451.96 148,660.50 - - - 337,112.46
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
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.
TOTAL
IT Equipment Replacement
PDF created with pdfFactory Pro trial version www.pdffactory.com24
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33
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.
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
Total Unrestricted Cash 13,051,635$
Plus: Assets 684,468
Less: Liabilities (1,322,699)
Ending Fund Balance 12,413,404$
Adjusting Cash to Ending Fund Balance
34
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
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
35
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Description
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfers
Fund Balance
2/29/12
Restricted Fund Balances:
Environmental Services 513,182 - - - - 513,182
Committed Fund Balances:
Hillside Stability 500,000 - - - - 500,000
Assigned Fund Balances:
Capital Projects 500,000 - (160,000) 340,000
Carryforwards 326,900 - - - - 326,900
Unassigned Fund Balances:
Operations 2,903,522 - - - - 2,903,522
Economic Uncertainty 1,500,000 - - - - 1,500,000
Development Services 632,380 - - - - 632,380
Uncollected Deposits 44,791 - - - - 44,791
Other Unassigned 563,290 (443,321) 855,649 926,232 (14,000) 35,385
Subtotal 7,484,065 (443,321) 855,649 926,232 (174,000) 6,796,160
Special Revenue
Landscape/Lighting Districts 504,125 38,066 216 15,248 - 527,159
CDBG Federal Grants - 8,097 (7,087) - - 1,010
Capital Project
Street Projects 1,906,037 (371,154) 32,660 20,081 202,390 1,749,853
Park and Trail Projects 959,923 (332,088) - 1,152 - 626,683
Facility Improvement Projects 942,051 (137,400) 6,008 44,889 104,040 869,809
Administrative Projects 147,329 (7,119) - - (1,430) 138,780
Tree Fund 36,771 (1,686) - - - 35,085
CIP Grant Street Repair Projects (9,850) (894,325) 360,871 13,832 - (557,137)
CIP Grant Park & Trail Projects (40,302) (415,315) 295,349 1,459 - (161,728)
CIP Grant Administrative Projects 810 11,485 - - - 12,295
Gas Tax Fund 532,645 (76,087) - 3,580 (106,000) 346,978
Debt Service
Library Bond 850,657 (380,198) 1,449 - - 471,909
Internal Service Fund
Liability/Risk Management 134,905 (41,931) - 5,927 - 87,048
Workers Compensation 224,104 3,548 2,129 1,194 - 228,587
Office Support Services Fund 15,831 13,770 852 12,684 - 17,769
Information Technology Services 231,063 89,332 - 20,307 - 300,087
Equipment Maintenance 42,817 28,468 - 13,106 - 58,179
Building Maintenance 208,518 128,194 - 41,545 - 295,167
Equipment Replacement 331,373 65,000 3,657 - - 400,030
Technology Replacement 185,567 9,114 - - (25,000) 169,681
Total City 14,688,437 (2,705,552) 1,551,754 1,121,235 - 12,413,404
36
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund
Balance
7/1/11
Increase/
(Decrease)
Jul-Jan
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
2/29/12
Street Projects
Traffic Safety 129,793 (70,142) - - 50,000 109,651
Highway 9 Safety Project 36,033 (12,590) - - 90,000 113,444
Annual Street Resurfacing Project 453,149 15,675 32,660 13,539 (121,781) 366,165
Annual Sidewalks Project 52,905 (98,393) - - 50,000 4,512
Saratoga Sunnyvale Road Resurfacing 99,011 - - - - 99,011
Traffic Signal @ Verde Vista Lane 90,000 - - - - 90,000
Fourth Street Bridge 100,000 - - - - 100,000
Quito Road Bridge Replacement Design 221,051 (10,629) - 3,558 - 206,864
Village Façade Program 978 - - - 20,000 20,978
Solar Power Radar Feedback Signs 24,158 - - - - 24,158
El Quito Area Curb Replacement 37,553 - - - - 37,553
Annual Storm Drain Upgrades 38,507 (77,843) - - 50,000 10,665
Prospect Road Median 537 - - - (537) -
Padero Erosion Mitigation 12,963 - - - - 12,963
Monte Vista Storm Drain 1,082 - - - (1,082) -
Canyon View/Elva Storm Drain 35,000 (25,000) - - - 10,000
Village-Streetscape Improvements 313,991 (90,787) - 2,084 - 221,120
Village-Phase II Construction 256,800 (1,447) - 900 65,790 320,243
Saratoga-Sunnyvale/Gateway Sidewalk 2,525 - - - - 2,525
Total Street Projects 1,906,037 (371,154) 32,660 20,081 202,390 1,749,853
Parks & Trails
Hakone Garden Koi Pond 25 - - - (25) -
EL Quito Park Improvements 10,999 (11,000) - - - -
Hakone Garden Retaining Wall & D/W 137,379 - - - - 137,379
Hakone Garden Upper Moon House 375,000 - - - - 375,000
Park Restroom Improvements 57,589 - - - - 57,589
Lower House ADA Ramp - (1,010) - - - (1,010)
Park/Trail Repairs 17,681 1,493 - - 25 19,200
Playground Safety Equipment 39,064 (9,240) - - - 29,824
Blaney Plaza Improvements 6,527 - - - - 6,527
Ravenswood Playground Improvement 65,626 (62,301) - 1,152 - 2,174
Tank Trail Repair 31 (31) - - - -
Mid Pen O/S Land Purchase 250,000 (250,000) - - - -
Total Parks & Trails 959,923 (332,088) - 1,152 - 626,683
Facility Improvements
Facility Projects 125,518 (23,336) - - 60,125 162,307
Theater Improvement 76,653 (5,041) 6,008 6,363 (4,895) 66,361
North Campus Improvements 120,446 (2,994) - - - 117,452
Corp Yard Solar Project 85,337 - - 5,000 (32,390) 47,947
Vehicle Structure Solar 125,000 (36,993) - 32,454 - 55,553
Library Improvements 335,596 (35,712) - - - 299,884
SPCC Furniture & Fixtures 4,065 - - - - 4,065
HVAC System Upgrade - (24,082) - - 14,228 (9,854)
Museum HVAC Unit Replacements - (5,542) - - 5,542 -
Museum Electrical Upgrade - - - 1,072 - (1,072)
City Hall Emergency Power Backup - (3,700) - - 61,430 57,730
Electric Charging Stations 65,000 - - - - 65,000
McWilliams House Improvements 4,435 - - - - 4,435
Total Facility Improvements 942,051 (137,400) 6,008 44,889 104,040 869,809
Administrative Projects
Financial System Upgrade 3,534 - - - - 3,534
PW Document Imaging Project 80,815 (4,368) - - 10,000 86,448
CDD Document Imaging Project 22,907 (786) - - - 22,121
CMO Document Imaging Project 3,643 (1,965) - - - 1,678
IT Network Cabling Replacement - - - - 25,000 25,000
IT Emergency Power Back Up 36,430 - - - (36,430) -
Total Administrative Projects 147,329 (7,119) - - (1,430) 138,780
Tree Fund
Citywide Tree Planting Program 12,147 (313) - - - 11,835
SMSCF Tree Donation Program - 1,875 - - - 1,875
Tree Dedication Program 24,623 (3,248) - - - 21,375
Total Tree Fund 36,771 (1,686) - - - 35,085
CIP Grant Street Repair Projects (9,850) (894,325) 360,871 13,832 - (557,137)
CIP Grant Park & Trail Projects (40,302) (415,315) 295,349 1,459 - (161,728)
CIP Grant Administrative Projects 810 11,485 - - - 12,295
Gas Tax Fund 532,645 (76,087) - 3,580 (106,000) 346,978
Total CIP Funds 4,475,413 (2,223,690) 694,888 84,993 199,000 3,060,618
37
AT
CASH BA
TTACHMEN
ALANCE BY
NT C
Y MONTH
38
ATTACHMENT D
March June Se ptember December
1977 5.68 5.78 5.84 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
Quarterly Apportionment Rates
Local Ag ency Investment Fund
39
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Resolution in Support of Assembly Bill 1816
RECOMMENDED ACTION:
Approve resolution in support of Assembly Bill 1816.
BACKGROUND:
When Proposition 13 passed in 1978, it decreased property taxes by assessing property taxes at
their 1975 levels and restricted annual increases of assessed value of real property to an inflation
factor, not to exceed 2% per year. As a result, cities with no or low property tax rates were
locked-in at rates far below the average property tax rate for other cities. AB 8 backfilled the
worst effects of Proposition 13 for local governments, including a provision to bring all “no-low
tax” cities share of the property tax up to 7%.
Subsequent legislation sponsored by Senator Vasconcellos reduced the share of the AB 8
property tax distribution for the cities of Saratoga, Los Altos Hills, Cupertino, and Monte Sereno.
Due to the passage of AB 117 sponsored by Assembly Member Rebecca Cohn in 2006, the City
received a portion of its TEA allocation.
In December 2010, new TEA legislation (Assembly Bill 68) was introduced by Assembly
Member Jim Beall in an effort to garner the remaining allocation. The legislation was placed in a
suspense file and made into a 2 year bill and died in early 2012.
A new bill, AB 1816, was introduced by Assembly Member Jim Beall, Jr. If adopted, AB 1816
would modify property tax allocations by treating Los Altos Hills, Cupertino, Saratoga and
Monte Sereno like all other “no-low tax” cities in the State.
FISCAL IMPACTS:
The resolution in support of AB 1816 would not have fiscal impacts on the City. However, if
adopted and signed by the Governor, AB 1816 would restore Saratoga’s full Tax Equity
Allocation (TEA).
40
Page 2 of 2
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The resolution in support of AB 1816 will not be approved.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
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.
ATTACHMENTS:
Attachment A: Resolution in Support of Assembly Bill 1816
Attachment B: Assembly Bill 1816 Fact Sheet
Attachment C: Assembly Bill 1816 Language
41
RESOLUTION NO. 12-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
SUPPORTING ASSEMBLY BILL 1816 – TAX EQUITY ALLOCATION
WHEREAS, when Proposition 13 passed in 1978, it decreased property taxes by assessing property
taxes at their 1975 levels and restricted annual increases of assessed value of real property to an inflation
factor, not to exceed 2% per year; and
WHEREAS, in 1979, the California State Legislature passed Assembly Bill (AB) 8, which included a
provision to bring all “no-low tax” cities share of the property tax up to 7%.; and
WHEREAS, subsequent legislation sponsored by Senator Vasconcellos reduced the share of the AB 8
property tax distribution for the cities of Saratoga, Los Altos Hills, Cupertino, and Monte Sereno; and
WHEREAS, AB 117 sponsored by Assembly Member Rebecca Cohn in 2006, restored a portion of the
Tax Equity Allocation (TEA) to the four cities; and
WHEREAS, this legislation changed the Educational Revenue Augmentation Fund (ERAF) shares
for Saratoga Los Altos Hills, Cupertino, and Monte Sereno from .07 to .04 and these cities lost their proportion
share based on what they received in property tax that they received at that time; and
WHEREAS, all other no-and low-property tax cities received TEA allocations and were not subject to
ERAF deductions; and
WHEREAS, AB 1816 introduced by Assembly Member Jill Beall, Jr., would finally resolve the
inequality of property tax allocations by treating Saratoga, Los Altos Hills, Cupertino, and Monte Sereno like all
other no-and low-property tax cities;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga endorses Assembly
Bill 1816 introduced by State Assembly Member Jim Beall, Jr.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 21st day of March 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow, City Clerk
42
Last updated: February 22, 2012
AB 1816 (BEALL)
TAX EQUITY ALLOCATION
BACKGROUND
When Proposition 13 passed in 1978, it froze
property taxes at their current levels.
Prop. 13 created significant problems for
cities with low property tax rates at the time.
These cities could not raise property tax rates to
meet their community needs. Property tax share
was frozen by the Legislature in the distribution
formula from AB 8, passed in 1979.
In Santa Clara County, four cities were
significantly below the average tax rate: Los
Altos Hills, Cupertino, Saratoga and Monte
Sereno.
In 1987 legislation was passed to correct this
situation, giving cities what is referred to as Tax
Equity Allocation (TEA). The tax equity
allocation for these four cities was .07.
Unfortunately, for a variety of reasons, these
four cities did not receive their full share of TEA
funds.
PROBLEM
Subsequent legislation by Assembly Member
Vasconcellos, changed the four Santa Clara
cities’ ERAF from .07 down to .04 share.
During the ERAF shifts these cities lost their
proportionate share based on what they received
in property tax at that time. The shift was only
in the 2nd year of the TEA Formula.
All No & Low cities received future growth
for the next 5 years and an increase of 5 % share
with no ERAF deduction, with an exception for
the four cities in Santa Clara County.
BILL DESCRIPTION
AB 1816 is sponsored by the cities of Cupertino,
Los Altos, Hills, Monte Sereno, and Saratoga.
They claim that while AB 117 (Chapter 342,
Statutes of 2006) made significant
improvements, the four cities are still being
treated inequitably in that no other cities are
subject to the same ERAF diversions. AB 1816
will finally resolve three decades of inequality
for these four cities by treating them like every
other city in the state.
PRIOR RELEVANT OR SIMILAR LEGISLATION AB 8, L. Greene (1979) SB 794, Milton Marks (1984) SB 407, Sen. Com. on Local Government (1987) AB 1197, Willie Brown (1988) AB 117, Rebecca Cohn (2006) AB 1827, Jim Beall, Jr. (2008) AB 68, Jim Beall, Jr., (2011)
SPONSORS/SUPPORTERS Cities of Los Altos Hills, Monte Sereno, Saratoga and Cupertino (Sponsor)
FOR MORE INFORMATION
Cris Forsyth, Assembly Member Jim Beall, Jr. Cris.Forsyth@asm.ca.gov 916. 319.2024
43
BILL NUMBER: AB 1816 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Beall
FEBRUARY 21, 2012
An act to amend Section 98 of the Revenue and Taxation Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1816, as introduced, Beall. Tax equity allocation formula:
County of Santa Clara.
Existing property tax law requires the county auditor, in each
fiscal year, to allocate property tax revenue to local jurisdictions
in accordance with specified formulas and procedures, and generally
requires that each jurisdiction be allocated an amount equal to the
total of the amount of revenue allocated to that jurisdiction in the
prior fiscal year, subject to certain modifications, and that
jurisdiction's portion of the annual tax increment, as defined.
Existing property tax law also reduces the amounts of ad valorem
property tax revenue that would otherwise be annually allocated to
the county, cities, and special districts pursuant to these general
allocation requirements by requiring, for purposes of determining
property tax revenue allocations in each county for the 1992-93 and
1993-94 fiscal years, that the amounts of property tax revenue deemed
allocated in the prior fiscal year to the county, cities, and
special districts be reduced in accordance with certain formulas. It
requires that the revenues not allocated to the county, cities, and
special districts as a result of these reductions be transferred to
the Educational Revenue Augmentation Fund (ERAF) in that county for
allocation to school districts, community college districts, and the
county office of education.
Existing property tax law requires the auditor of each county with
qualifying cities, as defined, to make certain property tax revenue
allocations to those cities in accordance with a specified Tax Equity
Allocation (TEA) formula established in a specified statute and to
make corresponding reductions in the amount of property tax revenue
that is allocated to the county. Existing law requires the auditor of
Santa Clara County, for the 2006-07 fiscal year and for each fiscal
year thereafter, to reduce the amount of property tax revenue
allocated to qualified cities in that county by the ERAF
reimbursement amount, as defined, and to commensurately increase the
amount of property tax revenue allocated to the county ERAF, as
specified.
This bill would, instead, for the 2013-14 fiscal year and for each
fiscal year thereafter, require the auditor of Santa Clara County to
reduce the amount of property tax revenues that are required to be
allocated from the qualified cities in that county to the county ERAF
by a specified percentage of the ERAF reimbursement amount. This
bill would prohibit the auditor of Santa Clara County from reducing
the amounts allocated to the county ERAF in any fiscal year in which
the amount of moneys required to be applied by the state for the
44
support of school districts and community college districts is
determined pursuant to Test 1 of Proposition 98.
This bill would make legislative findings and declarations as to
the necessity of a special statute.
By imposing new duties in the allocation of ad valorem property
tax revenues in the County of Santa Clara, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 98 of the Revenue and Taxation Code is amended
to read:
98. (a) In each county, other than the County of Ventura, having
within its boundaries a qualifying city, the computations made
pursuant to Section 96.1 or its predecessor section, for the 1989-90
fiscal year and each fiscal year thereafter, shall be modified as
follows:
With respect to tax rate areas within the boundaries of a
qualifying city, there shall be excluded from the aggregate amount of
"property tax revenue allocated pursuant to this chapter to local
agencies, other than for a qualifying city, in the prior fiscal year,"
an amount equal to the sum of the amounts calculated pursuant to the
TEA formula.
(b) (1) Except as otherwise provided in this section, each
qualifying city shall, for the 1989-90 fiscal year and each fiscal
year thereafter, be allocated by the auditor an amount determined
pursuant to the TEA formula.
(2) For each qualifying city, the auditor shall, for the 1989-90
fiscal year and each fiscal year thereafter, allocate the amount
determined pursuant to the TEA formula to all tax rate areas within
that city in proportion to each tax rate area's share of the total
assessed value in the city for the applicable fiscal year, and the
amount so determined shall be subtracted from the county's
proportionate share of property tax revenue for that fiscal year
within those tax rate areas.
(3) After making the allocations pursuant to paragraphs (1) and
(2), but before making the calculations pursuant to Section 96.5 or
its predecessor section, the auditor shall, for all tax rate areas in
the qualifying city, calculate the proportionate share of property
tax revenue allocated pursuant to this section and Section 96.1, or
their predecessor sections, in the 1989-90 fiscal year and each
fiscal year thereafter to each jurisdiction in the tax rate area.
(4) In lieu of making the allocations of annual tax increment
pursuant to subdivision (e) of Section 96.5 or its predecessor
section, the auditor shall, for the 1989-90 fiscal year and each
fiscal year thereafter, allocate the amount of property tax revenue
45
determined pursuant to subdivision (d) of Section 96.5 or its
predecessor section to jurisdictions in the tax rate area using the
proportionate shares derived pursuant to paragraph (3).
(5) For purposes of the calculations made pursuant to Section 96.1
or its predecessor section, in the 1990-91 fiscal year and each
fiscal year thereafter, the amounts that would have been allocated to
qualifying cities pursuant to this subdivision shall be deemed to be
the "amount of property tax revenue allocated in the prior fiscal
year."
(c) "TEA formula" means the Tax Equity Allocation formula, and
shall be calculated by the auditor for each qualifying city as
follows:
(1) For the 1988-89 fiscal year and each fiscal year thereafter,
the auditor shall determine the total amount of property tax revenue
to be allocated to all jurisdictions in all tax rate areas within the
qualifying city, before the allocation and payment of funds in that
fiscal year to a community redevelopment agency within the qualifying
city, as provided in subdivision (b) of Section 33670 of the Health
and Safety Code.
(2) The auditor shall determine the total amount of funds
allocated in each fiscal year to a community redevelopment agency in
accordance with subdivision (b) of Section 33670 of the Health and
Safety Code.
(3) The auditor shall determine the total amount of funds paid in
each fiscal year by a community redevelopment agency within the city
to jurisdictions other than the city pursuant to subdivision (b) of
Section 33401 and Section 33676 of the Health and Safety Code, and
the cost to the redevelopment agency of any land or facilities
transferred and any amounts paid to jurisdictions other than the city
to assist in the construction or reconstruction of facilities
pursuant to an agreement entered into under Section 33401 or 33445.5
of the Health and Safety Code.
(4) The auditor shall subtract the amount determined in paragraph
(3) from the amount determined in paragraph (2).
(5) The auditor shall subtract the amount determined in paragraph
(4) from the amount determined in paragraph (1).
(6) The amount computed in paragraph (5) shall be multiplied by
the following percentages in order to determine the TEA formula
amount to be distributed to the qualifying city in each fiscal year:
(A) For the first fiscal year in which the qualifying city
receives a distribution pursuant to this section, 1 percent of the
amount determined in paragraph (5).
(B) For the second fiscal year in which the qualifying city
receives a distribution pursuant to this section, 2 percent of the
amount determined in paragraph (5).
(C) For the third fiscal year in which the qualifying city
receives a distribution pursuant to this section, 3 percent of the
amount determined in paragraph (5).
(D) For the fourth fiscal year in which the qualifying city
receives a distribution pursuant to this section, 4 percent of the
amount determined in paragraph (5).
(E) For the fifth fiscal year in which the qualifying city
receives a distribution pursuant to this section, 5 percent of the
amount determined in paragraph (5).
(F) For the sixth fiscal year in which the qualifying city
receives a distribution pursuant to this section, 6 percent of the
amount determined in paragraph (5).
46
(G) For the seventh fiscal year and each fiscal year thereafter in
which the city receives a distribution pursuant to this section, 7
percent of the amount determined in paragraph (5).
(d) "Qualifying city" means any city, except a qualifying city as
defined in Section 98.1, that incorporated prior to June 5, 1987, and
had an amount of property tax revenue allocated to it pursuant to
subdivision (a) of Section 96.1 or its predecessor section in the
1988-89 fiscal year that is less than 7 percent of the amount of
property tax revenue computed as follows:
(1) The auditor shall determine the total amount of property tax
revenue allocated to the city in the 1988-89 fiscal year.
(2) The auditor shall subtract the amount in the 1988-89 fiscal
year determined in paragraph (3) of subdivision (c) from the amount
determined in paragraph (2) of subdivision (c).
(3) The auditor shall subtract the amount determined in paragraph
(2) from the amount of property tax revenue determined in paragraph
(1) of subdivision (c).
(4) The auditor shall divide the amount of property tax revenue
determined in paragraph (1) of this subdivision by the amount of
property tax revenue determined in paragraph (3) of this subdivision.
(5) If the quotient determined in paragraph (4) of this
subdivision is less than 0.07, the city is a qualifying city. If the
quotient determined in that paragraph is equal to or greater than
0.07, the city is not a qualifying city.
(e) The auditor may assess each qualifying city its proportional
share of the actual costs of making the calculations required by this
section, and may deduct that assessment from the amount allocated
pursuant to subdivision (b). For purposes of this subdivision, a
qualifying city's proportional share of the auditor's actual costs
shall not exceed the proportion it receives of the total amounts
excluded in the county pursuant to subdivision (a).
(f) Notwithstanding subdivision (b), in any fiscal year in which a
qualifying city is to receive a distribution pursuant to this
section, the auditor shall reduce the actual amount distributed to
the qualifying city by the sum of the following:
(1) The amount of property tax revenue that was exchanged between
the county and the qualifying city as a result of negotiation
pursuant to Section 99.03.
(2) (A) The amount of revenue not collected by the qualifying city
in the first fiscal year following the city's reduction after
January 1, 1988, of the tax rate or tax base of any locally imposed
tax, except any tax that was imposed after January 1, 1988. In the
case of a tax that existed before January 1, 1988, this clause shall
apply only with respect to an amount attributable to a reduction of
the rate or base to a level lower than the rate or base applicable on
January 1, 1988. The amount so computed by the auditor shall
constitute a reduction in the amount of property tax revenue
distributed to the qualifying city pursuant to this section in each
succeeding fiscal year. That amount shall be aggregated with any
additional amount computed pursuant to this clause as the result of
the city's reduction in any subsequent year of the tax rate or tax
base of the same or any other locally imposed general or special tax.
(B) No reduction may be made pursuant to subparagraph (A) in the
case in which a local tax is reduced or eliminated as a result of
either a court decision or the approval or rejection of a ballot
47
measure by the voters.
(3) The amount of property tax revenue received pursuant to this
chapter in excess of the amount allocated for the 1986-87 fiscal year
by all special districts that are governed by the city council of
the qualifying city or whose governing body is the same as the city
council of the qualifying city with respect to all tax rate areas
within the boundaries of the qualifying city.
Notwithstanding this paragraph:
(A) Commencing with the 1994-95 fiscal year, the auditor shall not
reduce the amount distributed to a qualifying city under this
section by reason of that city becoming the successor agency to a
special district, that is dissolved, merged with that city, or
becomes a subsidiary district of that city, on or after July 1, 1994.
(B) Commencing with the 1997-98 fiscal year, the auditor shall not
reduce the amount distributed to a qualifying city under this
section by reason of that city withdrawing from a county free library
system pursuant to Section 19116 of the Education Code.
(4) Any amount of property tax revenues that has been exchanged
pursuant to Section 56842 of the Government Code , as that
section read on January 1, 1998, between the City of Rancho
Mirage and a community services district, the formation of which was
initiated on or after March 6, 1997, pursuant to Chapter 4
(commencing with Section 56800) of Part 3 of Division 3 of Title 5 of
the Government Code.
(g) Notwithstanding any other provision of this section, in no
event may the auditor reduce the amount of ad valorem property tax
revenue otherwise allocated to a qualifying city pursuant to this
section on the basis of any additional ad valorem property tax
revenues received by that city pursuant to a services for revenue
agreement. For purposes of this subdivision, a "services for revenue
agreement" means any agreement between a qualifying city and the
county in which it is located, entered into by joint resolution of
that city and that county, under which additional service
responsibilities are exchanged in consideration for additional
property tax revenues.
(h) In any fiscal year in which a qualifying city is to receive a
distribution pursuant to this section, the auditor shall increase the
actual amount distributed to the qualifying city by the amount of
property tax revenue allocated to the qualifying city pursuant to
Section 19116 of the Education Code.
(i) If the auditor determines that the amount to be distributed to
a qualifying city pursuant to subdivision (b), as modified by
subdivisions (e), (f), and (g) would result in a qualifying city
having proceeds of taxes in excess of its appropriation limit, the
auditor shall reduce the amount, on a dollar-for-dollar basis, by the
amount that exceeds the city's appropriations limit.
(j) The amount not distributed to the tax rate areas of a
qualifying city as a result of this section shall be distributed by
the auditor to the county.
(k) Notwithstanding any other provision of this section, no
qualifying city shall be distributed an amount pursuant to this
section that is less than the amount the city would have been
allocated without the application of the TEA formula.
( l ) Notwithstanding any other provision of this
section, the auditor shall not distribute any amount determined
pursuant to this section to any qualifying city that has in the prior
48
fiscal year used any revenues or issued bonds for the construction,
acquisition, or development, of any facility which is defined in
Section 103(b)(4), 103(b)(5), or 103(b)(6) of the Internal Revenue
Code of 1954 prior to the enactment of the Tax Reform Act of 1986
(P.L. (Public Law 99-514) and is no
longer eligible for tax-exempt financing.
(m) (1) The amendments made to this section, and the repeal of
Section 98.04, by the act that added this subdivision
Chapter 342 of the Statutes of 2006 shall apply
for the 2006-07 fiscal year and each fiscal year thereafter.
(2) For the 2006-07 fiscal year and for each fiscal year
thereafter, all of the following apply:
(A) The auditor of the County of Santa Clara shall do both of the
following:
(i) Reduce the total amount of ad valorem property tax revenue
otherwise required to be allocated to qualifying cities in that
county by the ERAF reimbursement amount. This reduction for each
qualifying city in the county for each fiscal year shall be the
percentage share, of the total reduction required by this clause for
all qualifying cities in the county for the 2006-07 fiscal year, that
is equal to the proportion that the total amount of additional ad
valorem property tax revenue that is required to be allocated to the
qualifying city as a result of the act that added this subdivision
bears to the total amount of additional ad valorem property tax
revenue that is required to be allocated to all qualifying cities in
the county as a result of the act that added this subdivision.
(ii) Increase the total amount of ad valorem property tax revenue
otherwise required to be allocated to the county Educational Revenue
Augmentation Fund by the ERAF reimbursement amount.
(B) For purposes of this subdivision, "ERAF reimbursement amount"
means an amount equal to the difference between the following two
amounts:
(i) The portion of the annual tax increment that would have been
allocated from the county to the county Educational Revenue
Augmentation Fund for the applicable fiscal year if the act that
added this subdivision had not been enacted.
(ii) The portion of the annual tax increment that is allocated
from the county to the county Educational Revenue Augmentation Fund
for the applicable fiscal year.
(n) Notwithstanding subdivision (m) and except as provided in
paragraph (2), for the 2013-14 fiscal year and for each fiscal year
thereafter, all of the following shall apply:
(1) The auditor of the County of Santa Clara shall do both of the
following:
(A) (i) Reduce the total amount of ad valorem property tax revenue
otherwise required to be allocated to qualifying cities in that
county by the percentage specified in clause (ii) of the ERAF
reimbursement amount. This reduction for each qualifying city in the
county for each fiscal year shall be the percentage share, of the
total reduction required by this clause for all qualifying cities in
the county for the 2013-14 fiscal year, that is equal to the
proportion that the total amount of additional ad valorem property
tax revenue that is required to be allocated to the qualifying city
as a result of the act that added this subdivision bears to the total
amount of additional ad valorem property tax revenue that is
required to be allocated to all qualifying cities in the county as a
result of the act that added this subdivision.
49
(ii) (I) For the first fiscal year in which qualifying cities
receive an allocation pursuant to this subdivision, 80 percent.
(II) For the second fiscal year in which qualifying cities receive
an allocation pursuant to this subdivision, 60 percent.
(III) For the third fiscal year in which qualifying cities receive
an allocation pursuant to this subdivision, 40 percent.
(IV) For the fourth fiscal year in which qualifying cities receive
an allocation pursuant to this subdivision, 20 percent.
(V) For the fifth fiscal year in which qualifying cities receive
an allocation pursuant to this subdivision, and for each fiscal year
thereafter in which a qualifying city receives an allocation pursuant
to this subdivision, zero percent.
(B) Increase the total amount of ad valorem property tax revenue
otherwise required to be allocated to the county Educational Revenue
Augmentation Fund by the percentage specified in clause (ii) of
subparagraph (A) of the ERAF reimbursement amount.
(2) The auditor of the County of Santa Clara shall not adjust the
ERAF reimbursement amount by the percentages specified in clause (ii)
of subparagraph (A) of paragraph (1) in any fiscal year in which the
amount of moneys required to be applied by the state for the support
of school districts and community college districts is determined
pursuant to paragraph (1) of subdivision (b) of Section 8 of Article
XVI of the California Constitution.
(3) For purposes of this subdivision, "ERAF reimbursement amount"
has the same meaning as defined in subparagraph (B) of paragraph (2)
of subdivision (m).
SEC. 2. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique fiscal pressures being experienced by
qualifying cities, as defined in Section 98 of the Revenue and
Taxation Code, in the County of Santa Clara.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Electrical Vehicle Charging Stations
RECOMMENDED ACTION:
1. Approve Master Service and Subscription Agreement with Coulomb Technologies, Inc. and
authorize the City Manager to execute the same.
2. Approve ChargePoint America Station Award Agreement with Coulomb Technologies, Inc. and
authorize the City Manager to execute the same.
3. Approve Construction Agreement with REJ Electric Company to install the charging stations in
the amount of $30,512.96 and additional $3,000 for unforeseen circumstances and authorize the
City Manager to execute the same.
REPORT SUMMARY:
The City of Saratoga has been invited to participate in Coulomb Technologies ChargePoint America
Program designed to provide electric vehicle (EV) charging station at no charge to cities. The program
has been funded in part by the federal grant program administered by the Department of Energy as part of
American Reinvestment and Recovery Act.
The City considered several locations for the charging stations and selected three locations that are
available to the public and are in proximity to adequate electric power source.
• 4 EV’s (two dual chargers) at City Hall 13777 Fruitvale Avenue
• 1 EV charger in the Village Parking District No. 3 next to 14493 Big Basin Way (Turkey Track
Lane)
• 1 EV charger in the Village Parking District No. 3 behind 14413 Big Basin Way
The number of charging stations at each location is limited by the existing power source. The two
locations in the Village Parking District currently do not provide adequate power for additional chargers.
To maximize the usage, four EV charging spots are proposed at the City Hall location, where the power
source is sufficient.
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Page 2 of 2
Additional chargers at the Village Parking District would require major upgrade of existing electrical
panels. It will be possible to add more chargers after the upgrade in the future.
To receive the charging stations at no charge, attached agreements with Coulomb Technologies need to
be executed.
The installation cost of the charging stations is not included in the awarded grant. REJ Electric Company,
a certified installer for Coulomb Technology, Inc. would install all stations at the proposed locations.
Attached is the Construction Agreement with REJ Electric Company in the amount of $30,512.96 for this
work.
Installation of charging stations in Saratoga will promote readiness of electric vehicle in Bay Area and
help to reduce greenhouse gas production. It is recommended the City Council approve agreements with
Coulomb Technologies, Inc. and with REJ Electric Company.
FISCAL IMPACTS:
Charging Stations will be provided to the City at no cost, the installation cost is included in the adopted
CIP budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
One or all agreements will not be executed and the charging station will not be installed.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
The agreements will be executed and the City will proceed with the project.
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:
1. Charging Station Locations
2. Master Service and Subscription Agreement with Coulomb Technologies, Inc.
3. ChargePoint America Station Award Agreement with Coulomb Technologies, Inc.
4. Construction Agreement with REJ Electric Company
52
Allendale Ave
F r u i
t v
a l e
A v
e
Two Dual Charging Stations For a Total of 4 Cars
19387
13897
19550
13864
19358
19348
19363
13896
13865
13801 13800
14040
13833
13832
19351 19349
19365
19611
19337
Exhibit A: Electric Vehicle Charging Stations Locations at Saratoga City Hall
53
EV Charging Station
EV Charging Station
3rd St.
B i g B a s i n W a y
O a k S t .
Exhibit A: Electric Vehicle Charging Stations Locations at Saratoga Village
54
07-14-11
CHARGEPOINT®
MASTER SERVICES AND SUBSCRIPTION AGREEMENT
IMPORTANT: PLEASE READ THIS MASTER SERVICES AND SUBSCRIPTION AGREEMENT (“AGREEMENT”)
CAREFULLY.
THIS AGREEMENT GOVERNS REGISTRATION OF YOUR CHARGING STATION (OR THE CHARGING
STATIONS OF THE ORGANIZATION YOU REPRESENT) ON THE CHARGEPOINT NETWORK AND
ACTIVATION OF CHARGEPOINT NETWORK SERVICES ON YOUR CHARGING STATIONS. IF YOU ARE
ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE
TERMS AND CONDITIONS; IF NOT, YOU MAY NOT ENTER INTO THIS AGREEMENT AND MAY NOT USE
THE CHARGEPOINT SERVICES.
SUBSCRIBER AGREES THAT IT MAY NOT AND WILL NOT ACCESS THE CHARGEPOINT NETWORK
SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY,
OR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSE.
1. DEFINITIONS. The following terms shall have the definitions set forth below when used in this
Agreement:
1.1 “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is
under common control with the subject entity. “Control”, for purposes of this definition, means direct
or indirect ownership or control of fifty percent (50%) or more of the voting interests of the subject
entity.
1.2 “ChargePoint® Network” means the open-platform network of electric vehicle charging
stations and the vehicle charging applications it delivers, that is operated and maintained by CTI (as
defined below) in order to provide various services to, among others, Subscriber and its employees.
1.3 “ChargePoint Services” means, collectively, the various software as a service offerings
made available for subscription by CTI.
1.4 “ChargePoint Web Portal” means any of the secure Internet web portals established
and maintained by CTI which will allow Subscriber to access ChargePoint Services.
1.5 “Charging Station” means the electric vehicle charging station(s) purchased by
Subscriber, whether manufactured by CTI or by another CTI licensed entity, which have embedded
within them CTI hardware and/or firmware, enabling Subscriber to register and activate such charging
stations on the ChargePoint Network.
1.6 “CTI” means Coulomb Technologies, Inc., a Delaware corporation.
1.7 “CTI Marks” means the various trademarks, service marks, names and designations
used in connection with the CTI manufactured Charging Stations and/or the ChargePoint Network,
including, without limitation, ChargePoint and ChargePass™.
1.8 “CTI Intellectual Property” means all Intellectual Property Rights of CTI relating to the
CTI Marks, the ChargePoint Network, the ChargePoint Services, ChargePass, ChargePass Radio
Frequency Identification Cards, ChargePass Accounts and all other Intellectual Property Rights of CTI,
regardless of the nature of such rights.
1.9 “Documentation” means written information (whether contained in user or technical
manuals, product materials, specifications or otherwise) pertaining to ChargePoint Services and/or the
ChargePoint Network and made available from time to time by CTI to Subscriber in any manner
(including on-line).
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07-14-11
1.10 “Effective Date” means the date this Agreement is executed by Subscriber.
1.11 “Intellectual Property Rights” means all intellectual property rights, including, without
limitation, patents, patent applications, patent rights, trademarks, trademark applications, trade names,
service marks, service mark applications, copyrights, copyright applications, franchises, licenses,
inventories, know-how, trade secrets, Subscriber lists, proprietary processes and formulae, all source
and object code, algorithms, architecture, structure, display screens, layouts, inventions, development
tools and all documentation and media constituting, describing or relating to the above, including,
without limitation, manuals, memoranda and records.
1.12 “Malicious Code” means viruses, worms, time bombs, Trojan horses and all other forms
of malicious code, including without limitation, malware, spyware, files, scripts, agents or programs.
1.13 “Party” means each of CTI and Subscriber.
1.14 “Cloud Services” means the various “software as a service” offerings made available for
subscription to Subscriber by CTI.
1.15 “Services Fees” means the fees payable by Subscriber to CTI for subscribing to any
ChargePoint Services as set forth in an applicable purchase order issued by Subscriber and accepted by
CTI. Services Fees shall also include all fees payable by Subscriber, if any, pursuant to the provisions of
the Flex Billing Addendum set forth at the end of this Agreement.
1.16 “Subscriber Authorized User” means any person authorized by Subscriber to access
and use its Charging Stations.
2. CTI’S RESPONSIBILITIES AND AGREEMENTS.
2.1 NETWORK OPERATION. CTI agrees to provide and shall be solely responsible for: (i)
provisioning and operating, maintaining, administering and supporting the ChargePoint Network
infrastructure (other than Subscriber’s’ Charging Stations and infrastructure for transmitting data from
Networked Charging Stations to any ChargePoint Network operations center); (ii) provisioning and
operating, maintaining, administering and supporting the ChargePoint Web Portal; and (iii) operating
the ChargePoint Network in compliance with all applicable laws.
2.2 LIMITATIONS ON RESPONSIBLITY. CTI shall not be responsible for, and makes no
representation or warranty with respect to the following: (i) Specific location(s) or number of Charging
Stations now, or in the future, owned, operated and/or installed by persons other than Subscriber, or
the total number of Charging Stations that comprise the ChargePoint Network; (ii) Continuous
availability of electrical service to any of Subscriber’s Charging Stations; (iii) Continuous availability of
any wireless or cellular communications network or Internet service provider network necessary for the
continued operation by CTI of the ChargePoint Network; (iv) Availability of or interruption of the
ChargePoint Network attributable to unauthorized intrusions; and/or (v) Charging Stations that are not
registered with and activated on the ChargePoint Network.
3. SUBSCRIBER’S RESPONSIBILITIES AND AGREEMENTS.
3.1 GENERAL. Subscriber shall be solely responsible for: (i) Keeping current its contact
information, email address for the receipt of notices hereunder, and billing address for invoices; (ii)
updating on the ChargePoint Web Portal, within five (5) business days, the registered location to which
any of Subscriber’s Charging Stations are moved; (iii) The non-warranty maintenance, service, repair
and/or replacement of Subscriber’s Networked Charging Stations as needed, including informing CTI of
the existence of any Networked Charging Stations that are non-operational and not intended to be
replaced or repaired by Subscriber; (iv) registration of and activation of Subscriber’s Charging Stations
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07-14-11
on the ChargePoint Network; and (v) Operating and maintaining Subscriber’s Networked Charging
Stations in compliance with all applicable laws.
3.2 REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER. Subscriber represents and
warrants to CTI that: (i) It has the power and authority to enter into and be bound by this Agreement
and to install the Charging Stations and any other electrical vehicle charging products to be registered
and activated on the ChargePoint Network at Subscriber Location(s); (ii) The electrical usage to be
consumed by Subscriber’s Networked Charging Stations will not violate or otherwise conflict with the
terms and conditions of any applicable electrical purchase or other agreement including, without
limitation, any lease, to which Subscriber is a party; and (iii) It has not installed or attached Charging
Stations on or to infrastructure not owned by Subscriber without proper authority, or in a manner that
will block any easement or right of way.
3.3 FURTHER AGREEMENTS OF SUBSCRIBER MADE IN CONNECTION WITH REGISTRATION
OF CHARGING STATIONS ON THE CHARGEPOINT NETWORK AND USE OF CHARGEPOINT SERVICES.
Subscriber further acknowledges and agrees with CTI that: (i) Subscriber will not remove, conceal or
cover the CTI Marks or any other markings, labels, legends, trademarks, or trade names installed or
placed on the Networked Charging Stations or any peripheral equipment for use in connection with
Subscriber’s Charging Stations; (ii) Subscriber shall comply with, and shall have responsibility for and
cause its employees and agents accessing or using ChargePoint Web Portals to comply with, all of the
rules, regulations and policies of CTI; (iii) Subscriber shall be responsible for using the ChargePoint
Services in compliance with this Agreement, and in particular, shall: (A) use commercially reasonable
efforts to prevent unauthorized access to Purchased ChargePoint Services, (B) not sell, resell, license,
rent, lease or otherwise transfer the ChargePoint Services to a third party, (C) not interfere with or
disrupt the integrity of the ChargePoint Network, the ChargePoint Services or any third party data
contained therein, and (D) not attempt to gain unauthorized access to the ChargePoint Network or the
ChargePoint Services or their related systems or networks. All data collected by CTI in connection with
the operation of the ChargePoint Network shall be owned by CTI; provided that Subscriber Shall have
the right to access and use such data, as it pertains to Subscriber’s Charging Stations, through a
subscription to one or more ChargePoint Services.
4. FEES AND PAYMENT FOR PURCHASED CHARGEPOINT SERVICES.
4.1 SERVICES FEES. Subscriber shall pay all Services Fees within thirty (30) days of its
receipt of an invoice with respect thereto. Except as otherwise specified herein, (i) Services Fees are
quoted in and payable in U.S. Dollars, (ii) Services Fees are based on Subscriber’s choice of subscription
to the ChargePoint Services and not on actual usage, (iii) payment obligations are non-cancelable and
are non-refundable, and (iv) Services are non-transferable; provided that, Services may be transferred to
a Charging Station that is purchased by Subscriber to replace a de-commissioned, previously networked,
Charging Station.
4.2 OVERDUE SERVICES FEES. If any invoiced Services Fees are not received by CTI by the
due date, then such charges: (i) may accrue late interest at the rate (“Interest Rate”) of one and one-
half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by law,
whichever is lower, from the date such payment was due until paid, and (ii) in the event Subscriber has
not paid Services Fees within thirty (30) days of the due date, CTI may condition future Services
renewals and acceptance of purchase orders for additional ChargePoint Services on payment terms
other than those set forth herein.
4.3 ACCELERATION AND SUSPENSION OF CHARGEPOINT SERVICES. If any amount owing
by Subscriber under this Agreement is more than thirty (30) days overdue, CTI may, without otherwise
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07-14-11
limiting CTI’s rights or remedies, terminate this Agreement, and/or suspend the use by Subscriber of the
ChargePoint Services until such amounts are paid in full.
4.4 PAYMENT DISPUTES. CTI shall not exercise its rights under Section 4.2 (Overdue
Services Fees) or Section 4.3 (Acceleration and Suspension of ChargePoint Services) if the applicable
charges are under reasonable and good faith dispute and Subscriber is cooperating diligently to resolve
the dispute.
5. AVAILABLE SERVICES. A description of the various ChargePoint Services currently available for
subscription is included in the ChargePoint web site http://www.mychargepoint.net. CTI may make
other ChargePoint Services available from time to time, and may amend the features offered with
respect to any ChargePoint Service at any time and from time to time.
6. PROPRIETARY RIGHTS.
6.1 RESERVATION OF RIGHTS. CTI reserves all right, title and interest in and to the
ChargePoint Services, including all related Intellectual Property Rights. No rights are granted to
Subscriber hereunder except as expressly set forth herein. CTI shall have a royalty-free, worldwide,
transferable, sublicensable, irrevocable perpetual license to use or incorporate in the ChargePoint
Services any suggestions, enhancement requests, recommendations or other feedback provided by
Subscriber or Subscriber Authorized Users relating to the ChargePoint Services.
6.2 RESTRICTIONS ON USE. Subscriber shall not: (i) create derivative works based on the
ChargePoint Services, (ii) copy, frame or mirror any part or content of the ChargePoint Services, other
than copying or framing on Subscriber’s own intranets or otherwise for Subscriber’s own internal
business purposes, (iii) reverse engineer any Charging Station or Cloud Service, or (iv) access the
ChargePoint Network, any ChargePoint Web Portal or the ChargePoint Services for any improper
purpose whatsoever, including, without limitation, in order to (A) build a competitive product or service,
or (B) copy any features, functions, interface, graphics or “look and feel” of any ChargePoint Web Portal
or the ChargePoint Services.
6.3 GRANT OF LIMITED LICENSE FOR CTI MARKS.
(a) LICENSE GRANT. Subscriber is granted under this Agreement the nonexclusive
privilege of displaying the CTI Marks during the Term of this Agreement in connection with Subscriber
Charging Stations. Subscriber warrants that it shall not use any of the CTI Marks for any products other
than its Networked Charging Stations. From time to time, CTI may provide updated trademark usage
guidelines with respect to Subscriber’s use of the CTI Marks which will be made available on a
ChargePoint Web Portal, in which case Subscriber thereafter shall comply with such guidelines. If no
such guidelines are provided, then for each initial use of the CTI Mark, Subscriber must obtain CTI’s prior
written consent, which shall not be unreasonably withheld or delayed, and after such consent is
obtained, Subscriber may use the CTI Mark in the approved manner. The CTI Marks may not be used
under this Agreement as a part of the name under which Subscriber’s business is conducted or in
connection with the name of a business of Subscriber or its Affiliates.
(b) NO REGISTRATION OF CTI MARKS BY SUBSCRIBER. Subscriber shall not directly
or indirectly register or apply for or cause to be registered or applied for any CTI Marks or any patent,
trademark, service mark, copyright, trade name, domain name or registered design that is substantially
similar to a CTI Mark, patent, trademark, service mark, copyright, trade name, domain name or
registered design of CTI, or that is licensed to, connected with or derived from confidential, material or
proprietary information imparted to or licensed to Subscriber by CTI .
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(c) TERMINATION AND CESSATION OF USE OF CTI MARKS. Upon termination of
this Agreement, Subscriber will immediately discontinue all use and display of the name “CTI” and the
CTI Marks.
7. LIMITATIONS ON CTI’S AND SUBSCRIBER’S LIABILITY.
7.1 INDEMNIFICATION OF SUBSCRIBER BY CTI. Provided that CTI has sole control of such
defense and/or settlement and Subscriber does not take a position adverse to CTI, to the fullest extent
permitted by law, CTI shall defend, indemnify and hold harmless Subscriber, its officers, employees and
agents against any notices, claims, losses, suits, proceedings or liability ("Claim") brought by a third party
arising or relating to the willful or negligent acts (active or passive) or omissions (including, without
limitations, any willful or negligent acts (active or passive) or omissions relating to Section 2 of this
Agreement) of CTI, its officers, employees or agents. This indemnity provision shall include any Claim
from and against any and all third party against Subscriber, its officers, employees, and agents for (i) the
infringement of any patent, copyright, trademark, service mark, trade name, trade secret or similar
proprietary rights regarding Intellectual Property Rights (or license, access, or use rights therein)
provided by CTI to Subscriber under this Agreement. The acceptance of said services by Subscriber shall
not operate as a waiver of such right of indemnification. CTI agrees that it shall not settle any Claim
unless Subscriber and its Affiliates, as applicable, are unconditionally released from any liability as part
of any settlement. This indemnity does not extend to any suit based upon any infringement or alleged
infringement of any Intellectual Property Rights by the combination of a product (including the
ChargePoint Services) furnished by CTI with other elements not furnished by CTI if such infringement
would have been avoided by the use of the CTI product (including in conjunction with the CTI furnished
ChargePoint Services) alone.
7.2 EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. REGARDLESS OF WHETHER
ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL
EITHER PARTY BE LIABLE FOR ANY LOST REVENUE OR PROFIT, LOST OR DAMAGED DATA, BUSINESS
INTERRUPTION, LOSS OF CAPITAL, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER
ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHARGEPOINT NETWORK, ANY CHARGEPOINT
SERVICES, THIS AGREEMENT OR OTHERWISE OR BASED ON ANY EXPRESSED, IMPLIED OR CLAIMED
WARRANTIES BY SUBSCRIBER NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT. BECAUSE SOME
STATES OR JURISDICITON DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY; PROVIDED THAT, IN SUCH
INSTANCES, CTI’S LIABILTY IN SUCH CASES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
7.3 EXCLUSION OF WARRANTIES. THE CHARGEPOINT NETWORK AND THE CHARGEPOINT
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR SUBSCRIBER’S USE, WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE
EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY; PROVIDED THAT, IN SUCH INSTANCES THE
IMPLIED WARRANTIES GRANTED BY CTI SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW.
7.4 ELECTRICAL, CELLULAR AND INTERNET SERVICE INTERRUPTIONS. Neither CTI nor
Subscriber shall have any liability whatsoever to the other with respect to damages caused by: (i)
electrical outages, power surges, brown-outs, utility load management or any other similar electrical
service interruptions whatever the cause; (ii) interruptions in wireless or cellular service linking
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Networked Charging Stations to the ChargePoint Network; (iii) interruptions attributable to
unauthorized ChargePoint Network intrusions; or (iv) interruptions in services provided by any Internet
service provider not affiliated with CTI. This includes the loss of data resulting from such electrical,
wireless, cellular or Internet service interruptions.
7.5 CELLULAR CARRIER RESTRICTIONS. IN ORDER TO DELIVER THE CHARGEPONT SERVICES,
CTI HAS ENTERED INTO CONTRACTS WITH ONE OR MORE UNDERLYING WIRELESS SERVICE CARRIERS
(THE “UNDERLYING CARRIER”). SUBSCRIBER HAS NO CONTRACTUAL RELATIONSHIP WITH THE
UNDERLYING CARRIER AND SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT
BETWEEN CTI AND THE UNDERLYING CARRIER. SUBSCRIBER UNDERSTANDS AND AGREES THAT THE
UNDERLYING CARRIER HAS NO LIABILITY OF ANY KIND TO SUBSCRIBER, WHETHER FOR BREACH OF
CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. SUBSCRIBER AGREES
TO INDEMNIFY AND HOLD HARMLESS THE UNDERLYING CARRIER AND ITS OFFICERS, EMPLOYEES, AND
AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL,
SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, ARISING IN ANY WAY, DIRECTLY
OR INDIRECTLY, IN CONNECTION WITH USE, FAILURE TO USE, OR INABILITY TO USE THE WIRELESS
SERVICES EXCEPT WHERE THE CLAIMS RESULT FROM THE UNDERLYING CARRIER’S GROSS NEGLIGENCE
OR WILLFUL MISCONDUCT. THIS INDEMNITY WILL SURVIVE THE TERMINATION OF THE AGREEMENT.
SUBSCRIBER HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT ANY
SUCH NUMBER CAN BE CHANGED. SUBSCRIBER UNDERSTANDS THAT CTI AND THE UNDERLYING
CARRIER CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE
FOR ANY LACK OF SECURITY RELATING TO THE USE OF THE SERVICES. THE SUBSCRIBER MAY NOT
RESELL THE SERVICE TO ANY OTHER PARTY.
8. TERM AND TERMINATION.
8.1 TERM OF AGREEMENT. This Agreement shall become effective on the Effective Date
and shall continue until the expiration of all of Subscriber’s subscriptions to ChargePoint Services.
8.2 SUBSCRIPTION TERM. Subscriptions to ChargePoint Services acquired by Subscriber
shall commence on (i) if such services are acquired for use with a new Charging Station, the earlier to
occur of (x) the date such new charging station is installed and provisioned on the ChargePoint Network
or (y) forty five (45) days after the date such new charging station is installed and (ii) in all other cases,
the start date specified in the purchase order related thereto. ChargePoint Services subscribed to by
Subscriber shall continue for the applicable subscription term (the “Subscription Term”), unless this
Agreement is otherwise terminated, changed or canceled by CTI or Subscriber as allowed by the terms
and conditions set forth herein.
8.3 TERMINATION.
(a) BY CTI. This Agreement, all Subscription Terms and Subscriber’s continuing
access to ChargePoint Services may be immediately suspended or terminated: (i) if Subscriber is in
material breach of any of its obligations under this Agreement, and has not cured such breach within
thirty (30) days, or five (5) days in the case of any payment default, of the date of its receipt of written
notice thereof, (ii) Subscriber becomes the subject of a petition in bankruptcy or any other proceeding
related to insolvency, receivership, liquidation or an assignment for the benefit of creditors, (iii) upon
the determination by any regulatory body that the subject matter of this Agreement is subject to any
governmental regulatory authorization or review that imposes additional costs of doing business upon
CTI, or (iv) if, pursuant to the terms of this Agreement, CTI is otherwise permitted the right to terminate
upon the occurrence of an event or events.
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(b) BY SUBSCRIBER. This Agreement may be immediately terminated by Subscriber
without prejudice to any other remedy of Subscriber at law or equity: (i) if CTI is in material breach of
any of its obligations under this Agreement, and has not cured such breach within thirty (30) days of the
date of its receipt of written notice thereof, or (ii) CTI becomes the subject of a petition in bankruptcy or
any other proceeding related to insolvency, receivership, liquidation or an assignment for the benefit of
creditors. This Agreement may be terminated by Subscriber for convenience upon the voluntary
deactivation and removal from registration via the applicable ChargePoint Web Portal of all Networked
Charging Stations owned by Subscriber from the ChargePoint Network, at which time this Agreement
shall terminate effective immediately; provided, that Subscriber shall not be entitled to any refund of
any Service Fees as a result of such termination for convenience.
8.4 REFUND OR PAYMENT UPON TERMINATION. Upon any termination of this Agreement
for cause by Subscriber pursuant to Section 8.3(b)(i), or (ii) the election of CTI to terminate this
Agreement pursuant to Section 8.3(a)(iii), CTI shall refund to Subscriber a pro-rata portion of any pre-
paid Service Fees based upon the Subscription Term for which such fees were paid and the remaining
period of such Subscription Term. Upon any termination for cause by CTI pursuant to Section 8.3(a)(i),
(ii) or (iv) or upon the voluntary removal from registration and activation of all of Subscriber’s Network
Charging Stations from the ChargePoint Network, Subscriber shall pay any unpaid Service Fees covering
the remainder of all Subscription Terms. In no event shall any termination relieve Subscriber of any
liability for the payment of Service Fees for any period prior to the termination date.
9. AMENDMENT OR MODIFICATION. No modification, amendment or waiver of this Agreement
shall be effective unless in writing and either signed or electronically accepted by the party against
whom the amendment, modification or waiver is to be asserted.
10. WAIVER. The failure of either Party at any time to require performance by the other Party of
any obligation hereunder will in no way affect the full right to require such performance at any time
thereafter. The waiver by either Party of a breach of any provision hereof will not constitute a waiver of
the provision itself. The failure of either Party to exercise any of its rights provided in this Agreement
will not constitute a waiver of such rights. No waiver will be effective unless in writing and signed by an
authorized representative of the Party against whom such waiver is sought to be enforced. Any such
waiver will be effective only with respect to the specific instance and for the specific purpose given.
11. FORCE MAJEURE. Except with respect to payment obligations, neither CTI nor Subscriber will be
liable for failure to perform any of its obligations hereunder due to causes beyond such party’s
reasonable control and occurring without its fault or negligence (a “Force Majeure Event”). A Force
Majeure Event will include, but not be limited to, fire, flood, earthquake or other natural disaster
(irrespective of such party’s condition of any preparedness therefore); war, embargo; riot; strike; labor
action; any lawful order, decree, or other directive of any government authority that prohibits a party
from performing its obligations under this Agreement; material shortages; shortage of transport; and
failures of suppliers to deliver material or components in accordance with the terms of their contracts.
12. APPLICABLE LAW. This Agreement will be construed, and performance will be determined,
according to the laws of the State of California without reference to such state’s principles of conflicts of
law and the state and federal courts located in Santa Clara County, California, shall have exclusive
jurisdiction over any claim arising under this Agreement.
13. WAIVER OF JURY TRIAL. Each Party hereby waives any right to jury trial in connection with any
action or litigation arising out of this Agreement.
14. SURVIVAL. Those provisions dealing with the Intellectual Property Rights of CTI, limitations of
liability and disclaimers, restrictions of warranty, Applicable Law and those other provisions which by
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their nature or terms are intended to survive the termination of this Agreement will remain in full force
and effect as between the Parties hereto as contemplated hereby.
15. SEVERABILITY. Except as otherwise specifically provided herein, if any term or condition of this
Agreement or the application thereof to either Party will to any extent be determined jointly by the
Parties or by any judicial, governmental or similar authority, to be invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to this Agreement, the Parties
or circumstances other than those as to which it is determined to be invalid or unenforceable, will not
be affected thereby. If, however such invalidity or unenforceability will, in the reasonable opinion of
either Party cause this Agreement to fail of its intended purpose and the Parties cannot by mutual
agreement amend this Agreement to cure such failure, either Party may terminate this Agreement for
cause as provided herein above.
16. ASSIGNMENT. Subscriber may not assign any of its rights or obligations hereunder, whether by
operation of law or otherwise, without the prior written consent of CTI (not to be unreasonably
withheld). In the event of any purported assignment in breach of this Section 15, CTI shall be entitled, at
its sole discretion, to terminate this Agreement upon written notice given to Subscriber. In the event of
such a termination, Subscriber shall pay any unpaid Service Fees covering the remainder of the Service
Term for any accepted Purchase Orders. In no event shall any termination relieve Subscriber of any
liability for the payment of Service Fees or Session Processing Fees for any period prior to the
termination date. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the
parties, their respective successors and permitted assigns. CTI may assign its rights and obligations
under this Agreement.
17. NO AGENCY OR PARTNERSHIP CREATED BY THIS AGREEMENT. CTI, in the performance of this
Agreement, is an independent contractor. In performing its obligations under this Agreement, CTI shall
maintain complete control over its employees, its subcontractors and its operations. No partnership,
joint venture or agency relationship is intended by CTI and Subscriber to be created by this Agreement.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Parties with
respect to the subject matter hereof and supersedes and cancels all previous and contemporaneous
agreements, negotiations, commitments, understandings, representations and writings. All purchase
orders issued by Subscriber shall state that such purchase orders are subject to all of the terms and
conditions of this Agreement, and contain no other term other than the type of Subscription, the
number of stations for which such Subscription is ordered, the term of such subscriptions and applicable
subscription fees. To the extent of any conflict or inconsistency between the terms and conditions of
this Agreement and any purchase order, the Agreement shall prevail. Notwithstanding any language to
the contrary therein, no terms or conditions stated in any other documentation shall be incorporated
into or form any part of this Agreement, and all such purported terms and conditions shall be null and
void.
19. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which, taken together, shall constitute but one and the same
document.
COULOMB TECHNOLOGIES, INC.
By:_______________________________
(Signature)
Subscriber
By:_______________________________
(Signature)
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Name: __________________________________
Title: ___________________________________
Address:_______________________________
City: __________________________________
State: ______________Zip Code:____________
Email Address for Notices:__________________
Date: _________________________________
Name: __________________________________
Title: ___________________________________
Address:_______________________________
City: __________________________________
State: ______________Zip Code:____________
Email Address for Notices:__________________
Date: _________________________________
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FLEX BILLING ADDENDUM
□ Flex Billing Manager and Flex Billing Service
The Provisions of this Flex Billing Addendum apply in those situations where Subscriber charges Users
for the use of its Networked Charging Stations and CTI provides management, collection and/or
processing services related to such charges.
Applicable Terms and Conditions.
1. Definitions. The following defined terms shall apply for purposes of this Flex Billing Addendum (this
“Addendum”)
“Net Session Fees” means the total amount of Session Fees collected on behalf of the Subscriber
by CTI less Session Authorization Fees, Session Processing Fees and Taxes and Regulatory Charges (as
defined below), if any, required by law to be collected by CTI from Users in connection with the use of
Networked Charging Stations . Except as required by law, Subscriber shall be responsible for the
payment of all Taxes and Regulatory Charges incurred in connection with the Networked Charging
Stations.
“Session” or “Charging Session” means a session during which a User is using Subscriber’s
Networked Charging Station to charge his or her electric vehicle and last for a continuous period of time
measuring not less than five (5) minutes commencing when a User has accessed such Networked
Charging Station and ending when such User has terminated such access.
“Session Authorization Fees” means the fees payable by the Subscriber to CTI to pre-authorize a
Charging Session at a Commercial Networked Charging Station. The Session Authorization Fees is set
forth below.
“Session Fees” means the fees set by the Subscriber for a Charging Session, including any
applicable Taxes and/or Regulatory Charges.
“Session Processing Fees” means the fees charged by CTI for the management, collection and
processing of Session Fees on behalf of Subscriber and the remittance of Net Session Fees to
Subscribers. The Session Processing Fee is set forth below.
“User” means any person using Networked Charging.
2. FLEX-BILLING SERVICE FOR NETWORKED CHARGING STATIONS.
2.1. SESSION FEES. Subscriber shall have sole authority to determine and set in real-time
the Session Fees (which shall include all applicable Taxes and Regulatory Charges, each as defined
below) applicable to Subscriber’s Networked Charging Stations.
2.2 DEDUCTIONS FROM SESSION FEES. In exchange for CTI collecting Session Fees on
behalf of the Subscriber, the Subscriber hereby authorizes CTI to deduct from all Session Fees collected:
(i) a Session Authorization Fee; (ii) a Session Processing Fee; and (iii) to the extent required by Section 3,
applicable Taxes and Regulatory Charges. The Session Authorization Fee and the Session Processing
Fees shall be charged in an amount and subject to the terms set forth in this Addendum.
2.3 PAYMENT TO SUBSCRIBER OF NET SESSION FEES. CTI shall remit Net Session Fees to
Subscriber not more than thirty (30) days after the end of each calendar month to the address set forth
in Subscriber’s Account information registered on the applicable Network Web Portal.
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3. TAXES AND REGULATORY CHARGES. Unless required by law or otherwise stated herein, Session
Authorization Fees and Session Processing Fees do not include any taxes, levies, duties or similar
governmental assessments of any nature, including, but not limited to, value added, sales, local, city,
state or federal taxes (“Taxes”) or any fees or other assessments levied or imposed by any governmental
regulatory agency (“Regulatory Charges”). Subscriber is responsible for the payment of all Taxes and
Regulatory Charges incurred in connection with Session Fees; provided that, CTI is solely responsible for
all Taxes and Regulatory Charges assessable based on CTI’s income, property and employees. Where CTI
is required by law to collect and/or remit the Taxes or Regulatory Charges for which Subscriber is
responsible, the appropriate amount shall be invoiced to Subscriber and deducted by CTI from Session
Fees, unless Subscriber has otherwise provided CTI with a valid tax or regulatory exemption certificate
or authorization from the appropriate taxing or regulatory authority.
4. APPLICABLE FEES. The following fee schedule sets forth the applicable Session Authorization Fees
and Session Processing Fees to be charged by CTI in connection with the provision of Flex Billing
Manager and Flex Billing services.
Fee Schedule1
Transaction Volume For Each Charging Session
using ChargePass™ Card
(per Host)
For Each Charging
Session Using Credit Card
(per Host)
Session
Authorization Fee 2
<1,500/month
<3,000/month
<6,000/month
>6,000/month
$0.40 per Session
$0.35 per Session
$0.30 per Session
$0.25 per Session
$0. 40 per Session
$0.35 per Session
$0.30 per Session
$0.25 per Session
Session Processing
Fee 3
<1,500/month
<3,000/month
<6,000/month
>6,000/month
5.0% of Session Fees
4.5% of Session Fees
3.5% of Session Fees
3.0% of Session Fees
6.0% of Session Fees
5.5% of Session Fees
4.0% of Session Fees
3.5% of Session Fees
1 Subscriber is required to separately subscribe for the ChargePoint™ Standard Service in order to activate its
Charging Stations on the ChargePoint™ Network.
2 The Session Authorization Fee may not be increased more than once in any twelve (12) month period nor more
than the greater of (i) ten percent (10%) or (ii) the Consumer Price Index rate of change promulgated by the
United State Bureau of Labor Statistics with respect to the 12-month period just then ended when any notice of
change is given by CTI to Subscribers.
3 CTI may increase the Session Processing Fee payable pursuant to this Agreement at any time after July 1, 2011,
upon not less than one hundred eight (180) days notice (the “Notice Period”) given by electronic notice posted
to the Subscriber Portal and sent to each individual Subscriber Account, and any such change shall thereafter
be binding and enforceable with respect to Subscriber after the expiration of such Notice Period; provided,
further, that the Session Processing Fee may not be increased by more than one percentage point in any
twelve (12) month period, nor in the aggregate, increased to more than twenty percent (20.00%) of Session
Fees at any time.
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Appendix A to Flex Billing Addendum: Account Information Form for Flex Billing Services
Complete and fax this form to Coulomb Technologies Sales Operations (+1- 214-716-1244) to sign up for
Flex Billing services. All fields are required (except where noted).
Business Info
Business Legal Name: __________________________________________________________________
Business Legal Address: ________________________________________________________________
(Number) (Street) (City) (State/Province) (Postal Code) (Country)
Business Federal Tax ID: ________________________________________________________________
Individual Point of Contact
Contact Name: _______________________________________________________________________
Contact Phone: _______________________________________________________________________
Contact Fax: _________________________________________________________________________
Contact Email Address: ________________________________________________________________
Bank Account Info
Bank Name: _________________________________________________________________________
Bank Address: ________________________________________________________________________
(Number) (Street) (City) (State/Province) (Postal Code) (Country)
Bank Routing number or Swift Code: ______________________________________________________
Bank’s Account number (if applicable): ____________________________________________________
Business’s Account Number: ____________________________________________________________
Business’s Account Name: ______________________________________________________________
(Remit To Name, if different than Business Legal Name)
Business’s Account Address: ____________________________________________________________
(Remit To Address, if different than Business Legal Address)
Business’s Federal Tax ID: ______________________________________________________________
(if Remit To Entity is if different than Business Legal Entity)
Additional Information (for Non-US Customers Only)
Intermediary Bank Name: ______________________________________________________________
Intermediary Bank Address: _____________________________________________________________
(Number) (Street) (City) (State/Province) (Postal Code) (Country)
Intermediary Bank Routing or Swift Code: _________________________________________________
Intermediary Bank’ Account number if applicable: ___________________________________________
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Electrical Vehicles Charging Stations Construction Contract
PW Short Form Construction Contract (<25k) Page 1 of 23
CITY OF SARATOGA
Public Works Department
SHORT FORM CONSTRUCTION AGREEMENT
Electrical Vehicle Charging Stations THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and REJ Electric Company ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to perform the work described this Agreement; and WHEREAS, City lacks the qualified personnel to provide the work; and WHEREAS, in accordance with Article 3 of Chapter 2, Part 3, Division 2 (commencing with Section 22030) of the State Public Contract Code and Article 12-15 of the City of Saratoga Municipal Code the City has solicited informal bids and selected Contractor to perform the work; and WHEREAS, Contractor is duly qualified to provide the work; and WHEREAS, Contractor is agreeable to providing such work on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows:
1. RESULTS TO BE ACHIEVED. Contractor shall perform the work described in Exhibit A ("Work") in strict accordance with all plans, specifications, and other Contract Documents. Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until Contractor receives a fully executed Agreement from the Administrative Services Department of the City of Saratoga. The term “Contract Documents” means this Agreement, all documents attached to or otherwise made a part of this Agreement, including but not limited to those identified in Exhibit A, all certificates of insurance and bonds required by this Agreement, and Section 9 of the State of California, Department of Transportation Standard Specifications for Construction of Local Streets and Roads (2002) which includes procedures for determination of payments, compensation for extra work by force account, partial payments, and final payments. Where there is a conflict
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PW Short Form Construction Contract (<25k) Page 2 of 23
between the requirements of the several Contract Documents, the more stringent requirements shall govern.
2. TERM. The term of this Agreement commences on March 25, 2012 and ends June 30, 2012 unless City terminates the Agreement as provided in Section 10.
3. PAYMENT. City shall pay Contractor for Work performed in accordance with this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor’s performance of the Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City.
4. CHANGES IN WORK. A. Contractor shall make no changes in the Work without written direction from the City. Contractor shall not be compensated for any change made without any such written direction. No changes in the Work covered by this Agreement shall exonerate any surety or any bond given in connection with this Agreement. B. If the City directs the Contractor in writing to make changes in the Work that materially affect the cost of performing the Work, the Contract Price will be adjusted based on one of the following: i. Where the work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities involved in the changed Work; ii. By establishment of new unit prices and related quantities for the changed Work; iii. By a combination of existing and new unit prices and related quantities for the changed Work; or iv. By mutual acceptance of a lump sum. C. If the City directs the Contractor in writing to make changes in the Work that Contractor demonstrates materially affect the time required to perform the work, the City will make a reasonable adjustment to the Contract Time.
5. LABOR. A. The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 and following), and Contractor and any subcontractor shall pay not less than the prevailing rates of wage to all workers employed in performance of the Work. Pursuant to the provisions of Section 1770 of the Labor Code of the State of California, the City has obtained the general
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prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the vicinity of the Work, a copy of which is on file in the office of the City, and shall be made available for viewing to any interested party upon request. B. As required by Labor Code Section 1773.8, the Contractor shall pay travel and subsistence payments to each worker needed to perform the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Section 1773.8. C. Contractor and any subcontractor shall keep accurate payroll records, in accordance with Section 1776 of the Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the Work. D. The Contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. E. Contractor’s attention is directed to the provisions in Section 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. F. Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be required to secure the payment of worker’s compensation to its employees in accordance with the provisions of Section 3700 of the Labor Code. Prior to commencement of work, the Contractor shall sign and file with the Administrator a certification in the following form: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self-insurance in accordance with the provisions before commencing the performance of the work of this contract."
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6. LICENSE REQUIREMENT.
Contractor’s attention is directed to Business and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At the time Contractor submits its bid to the City and all times Contractor is performing the Work, Contractor shall have a valid license issued by the Contractors State License Board in the classification Class A (General Engineering Contractor) or Class B (General Building Contractor) and Class C10 (Electrical Contractor). Contractor and all subcontractors shall be licensed in accordance with the laws of this State and any contractor or subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR
OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED
WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO
THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX
26000, SACRAMENTO, CALIFORNIA 95826.
7. TIME. Time is of the essence of this Agreement. Contractor shall provide City with scheduling information in a form acceptable to City, including any changes made by City in the scheduling of work. Contractor shall coordinate its work with that of all other contractors, subcontractors and suppliers so as not to delay or damage their performance. It is further agreed that in case Contractor fails to complete the Work in all parts and requirements within the Contract Time set forth in Exhibit A, the City shall have the right to extend the Contract Time or not, as may seem best to serve the interest of the City; and if it decides to extend the Contract Time, City shall further have the right to charge to the Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract, and which accrue during the period of such extension. In the event that Contractor's work is delayed for any reason, including acts of City, Contractor's sole remedy shall be an extension of time equal to the period of delay, provided Contractor has given City written notice of the commencement of delay within 48 hours of its occurrence. If the City accepts any work or makes any payment under this Agreement after a default by reason of delays, the payment or payments shall in no respect constitute a waiver or modification of any Agreement provisions regarding time of completion and liquidated damages.
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8. 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. 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. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via e-mail. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth in Exhibit A until specified otherwise in writing.
9. ASSIGNMENT AND SUBCONTRACTING. A. Contractor shall give personal attention to the performance of the Contract and shall keep the Work under its control. B. For the purposes of administering this agreement no subcontractors will be recognized by the City as such, and all persons engaged in the work of construction will be considered by the City as employees of the Contractor, who will be held responsible for their work which shall be subject to the provisions of the Contract and specifications. C. No subcontractor who is ineligible to bid work on, or be awarded, a public works project under Labor Code Sections 1771.1 or 1777.7 can bid on, be awarded or perform work as a subcontractor on the Project. The Contractor is prohibited from performing work on the Project with a subcontractor who is ineligible to perform work on a public works project under these sections of the Labor Code. D. When a portion of the work which has been subcontracted by the Contractor is not being prosecuted in a manner satisfactory to the City, the subcontractor shall be removed immediately on the request of the City and shall not again be employed on the work. E. Contractor may not assign performance of the Contract except upon written consent of the City.
10. TERMINATION. A. Should Contractor fail within five (5) working days from receipt of City's written notice to correct any contractual deficiencies, including but not limited to failure to perform the Work in accordance with the Contract Documents, failure to
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comply with the directions of City, or failure to pay its creditors, City may terminate this Agreement for default. Following a termination for default, City shall have the right to take whatever steps it deems necessary to correct and complete the work and charge the cost thereof to Contractor, who shall be liable for the full cost of City's corrective action, including reasonable overhead, administrative costs, and attorneys' fees. B. City may at any time terminate the Contract at City's convenience upon five days written notice to Contractor; in the event of termination for convenience, Contractor shall recover only the amount due under the contract for Work completed to the date of termination in accordance with the Contract Documents, less amounts paid to date. Contractor shall not be entitled to any claim or lien against City for any additional compensation or damages in the event of such termination. C. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits.
11. HOLD HARMLESS AND INDEMNIFICATION. A. The City of Saratoga and all officers, employees, and agents thereof connected with the Work, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work; for injury to or death of any person; or for damage to property from any cause except losses due to sole or active negligence of the City's officers or employees. B. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officials, employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees and subcontractors), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its constituent entities, its and their officers, agents, or servants who are directly responsible to City. This
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indemnification shall extend to claims asserted after termination of this Contract for whatever reason. C. In addition to any remedy authorized by law, as much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the City, may be retained by the City until disposition has been made of such suits or claims for damage.
12. CLAIMS. If any dispute shall arise between City and Contractor regarding performance of the work, or any alleged change in the work, Contractor shall timely perform the disputed work and shall give written notice of a claim for additional compensation for the work to City within ten (10) days after commencement of the disputed work. Contractor's failure to give written notice within the ten (10) day period constitutes an agreement by Contractor that it will receive no extra compensation for the disputed work. Disputes arising under this Agreement shall be resolved in accordance with the procedures set forth in Section 20104.50 of the Public Contract Code.
13. LAWS TO BE OBSERVED. A. Contractor shall keep itself fully informed of all existing and future state and federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. B. Contractor shall at all times observe and comply with, and shall cause all of its agents and employees to observe and comply with, all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and employees thereof connected with the Work, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by the City's representative or their employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order or decree, Contractor shall forthwith report the same to the Administrator in writing.
14. RECORDS AND AUDITS. A. Contractor and its subcontractors shall establish and maintain records pertaining to this contract. Contractor’s and subcontractors’ accounting systems shall conform to generally accepted accounting principles, and all records shall provide a breakdown of total costs charged under this contract, including properly executed payrolls, time records, invoices and vouchers. B. Contractor shall permit City and its authorized representatives to inspect and examine Contractor’s books, records, accounts, and any and all data relevant to
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this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this contract and shall provide such assistance as may be reasonably required in the course of such inspection. City further reserves the right to examine and re-examine said books, records, accounts, and data during the three (3) year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for three (3) years after the termination of this Contract. C. Pursuant to California Government Code Section 10532, the parties to this Contract shall be subject to the examination and audit of representative of the Auditor General of the State of California for a period of three (3) years after final payment under the contract. The examination and audit shall be confined to those matters connected with the performance of this contract including, but not limited to, the cost of administering the contract
15. INSPECTION AND PROTECTION OF WORK. A. Contractor shall make the Work accessible at all reasonable times for inspection by the City. Contractor shall, at the first opportunity, inspect all material and equipment delivered to the jobsite by others to be used or incorporated in the Contractor's work and give prompt notice of any defect therein. Contractor assumes full responsibility to protect the work done hereunder until final acceptance by the City. B. When the Work is completed, Contractor shall request, in writing, a final inspection. Within ten (10) days of the receipt of such request, the City shall make a final inspection. The Contractor or its representatives may be present at the final inspection. The purpose of such final inspection shall be to determine whether the Work has been completed in accordance with the Contract Documents, including all change orders and all interpretations and instructions previously issued.
16. A. The Contractor shall protect from damage any utility facilities that are to remain in place, be installed, relocated or otherwise rearranged.
UTILITY FACILITIES.
B. If Contractor while performing the Work discovers utility facilities not identified in the Contract Documents, Contractor shall immediately notify the City and the utility provider. City shall arrange the removal, relocation, or protection of existing main or trunk line utility facilities located at the site of the Work but not identified in the Contract. C. If the Contractor is required to locate, repair damage not due to the Contractor’s failure to exercise reasonable care, and remove or relocate existing
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main or trunk line utility facilities, it shall be compensated under the Changes section of this Contract, including payment for equipment on the Project necessarily idled during such work. D. Contractor will not be entitled to damages or additional payment for delays caused solely by the failure of City, or the utility provider, to provide for removal or relocation of existing main or trunk line utility facilities not identified in the Contract Documents, except for equipment necessarily idled during such work. E. Contractor shall not be assessed liquidated damages for delay in completing the Work solely attributable to the failure of City, or the owner of the utility, to provide for removal or relocation of existing main or trunk line utility facilities not indicated in the Contract Documents with reasonable accuracy. F. The right is reserved by the City and its authorized agents, to enter the job for the purpose of making such changes as are necessary for the rearrangement of its facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct operations in such a manner as to avoid any delay or hindrance to the work being performed by such other forces. G. Attention is directed to the possible existence of underground facilities not known to the City, or in a location different from that which is shown on the plans or in the Special Provisions. The Contractor shall take all steps reasonably necessary to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service, including but not limited to calling USA utility locator service to mark utilities.
17. DIFFERING SITE CONDITIONS. A. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
2) Subsurface or latent physical conditions at the site differing materially from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or
3) Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
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B. The City shall promptly investigate the conditions, and if it finds that such conditions do materially so differ, or do involve hazardous waste, and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work, it shall issue a change order under the provisions described in the Contract Documents. C. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required in the Contract Documents. D. In the event a dispute arises between the City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from completing the Work as provided in the Contract Documents. The Contractor shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by this Contract or by law which pertain to the resolution of disputes and protests.
18. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or subcontractors who will be providing material and/or labor for the performance of the Work. Contractor shall submit with each payment request waivers of lien from each major supplier and/or subcontractor that meet the requirements of Civil Code Section 3262.
19. BONDS AND INSURANCE. A. Bonds. For contracts in excess of $25,000 Contractor shall, within ten (10) days after being notified of the award of the contract, and before the City will execute the agreement for construction or issue a Notice to Proceed, furnish and file with the City Performance and Payment Surety bonds as set forth below. All bonds shall be issued and duly executed by a responsible corporate surety listed in the United States Department of the Treasury circular entitled “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies,” authorized to do business in the State of California and acceptable to City. 1. Contractor shall submit a Performance bond on the form provided with the Contract Documents as Exhibit E, conditioned upon the faithful performance by the Contractor of all requirements of the Contract Documents. This bond shall be in a sum no less than one hundred percent (100%) of the total Contract Price. 2. Contractor shall also submit a Payment Surety bond on the form provided with the Contract Documents as Exhibit E that in all respects complies with Civil Code sections 3247-3252, inclusive. This bond shall be in a sum no less than one hundred percent (100%) of the Contract Price.
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B. Insurance. Contractor shall obtain, at its sole cost and expense, all insurance required by Exhibit D to this Agreement. Certificates of such insurance and copies of the insurance policies and endorsements shall be delivered to City within ten (10) days after being notified of the award of the contract, and before execution of the agreement by the City.
20. GENERAL TERMS. A. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. B. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. C. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. D. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. E. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. F. Except as otherwise provided by law, if any arbitration or litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs.
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G. This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. H. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. I. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that Work performed by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. J. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. K. This Agreement incorporates the documents attached hereto as Exhibits and supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of Saratoga Contractor By: _________________________ Dave Anderson, City Manager Date: ________________________
By: _________________________ Richard Jacobs CEO Date: _____________________
Attest: __________________________ Crystal Morrow, City Clerk Date: _______________________
Approved as to Form: __________________________ Richard Taylor, City Attorney Date: ________________________
Attachments Exhibit A -- Work Exhibit B – Payment Exhibit C – Special Conditions Exhibit D -- Insurance Requirements /
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Exhibit A - Work
Exhibit A
WORK
Summary of Work to be Performed: The work consists of supplying all labor, methods or processes, implements, tools, machinery, equipment and materials to install electrical vehicle charging stations including mounting, panels, panel modifications, all wiring and conduits from the electrical power source to the chargers, parking bollards, concrete base, signage with poles, all assembly and start-up. The signage will be submitted to the City for review and approval before it is installed. The work includes dealing with PG&E including all permits, inspection requests and all necessary paperwork. City of Saratoga Building Department Permit will be required. No fee will be charged for this permit.
Contract Time: Contractor shall complete the Work no later than forty five (45) working days.
Work to be Performed: The Work is described in the following documents which are incorporated into and hereby made a part of this Agreement:
• Proposal dated December 20, 2011
• Specifications for charges by Coulomb Technologies Inc., the charging stations supplier (not included in this agreement, will be supplied by CTI)
• Caltrans Standard Specifications for the Construction of Local Streets and Roads, 2006 Edition, English Units (1-9) Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies, equipment, plant, services, engineering, testing and/or any other act or thing required to diligently and fully perform and complete the work.
Warranty: Contractor warrants to City that all materials and equipment furnished shall be new, free from faults and defects and of good quality. Contractor hereby warrants its work against all deficiencies and defects for 12 months or the longest period permitted by the law of this State, whichever is more, or as otherwise provided in the Contract Documents.
Contract Administration: This Agreement shall be administered on behalf of City by John Cherbone, Public Works Director ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or Administrator’s designee.
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Exhibit A - Work
Notices to City pursuant to this Agreement shall be sent in accordance with Section 8 to: John Cherbone, Public Works Director City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy to: Crystal Morrow City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Notices to Contractor pursuant to this Agreement shall be sent in accordance with Section 8 to: Richard Jacobs REJ Electric Company 1151 Harbor Bay Pkwy, Ste 206i Alameda, CA 94502
Additional Conditions: Without limiting the foregoing description of the Work, Contractor’s W ork includes, but is not limited to, the following:
• Submit all required samples, product data, certificates, operations and maintenance instructions, guarantees, and other submittals no later than five (5) days after the date the City issues a Notice to Proceed.
• Ensure all necessary permits and approvals for the Work have been obtained.
• Protect all materials to be used in the Work in accordance with the specifications.
• Protect existing facilities and personal property. • Contractor will remove from the project site all debris resulting from performance of the Work no less often than daily. If Contractor fails to do so, City may, after twenty-four (24) hours' notice to Contractor, clean up the site and deduct the cost from the Contract Price.
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Exhibit A - Work
• Prepare and submit a written daily activity report to City for each day on which work is performed, including weekends and holidays when worked, and submit the reports to the City no later than the next business day. The daily reports shall, at a minimum, include the following information: construction activities and locations, start or completion of activities, progress on construction activities (including units or portions of work completed), tests or inspections performed, deliveries of material or equipment, delays or potential delays, visitors to the site, weather conditions, construction equipment used, and personal injuries or damage to property.
• The Contractor shall be responsible for unloading, hoisting and otherwise handling its own materials, supplies and equipment.
• The Contractor is responsible for researching and complying with all local codes, agencies and jurisdictions that regulate and govern the Work.
• Contractor shall set up, identify, coordinate, provide safe access, and obtain all inspections for its work, as required by any authorized agency or applicable code, prior to covering up work. //
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Exhibit B - Payment
Exhibit B
PAYMENT 1. TOTAL COMPENSATION. City agrees to pay, and Contractor agrees to accept for full performance of the Work, the unit prices set forth in Contractor’s proposal dated December 20, 2011 for the actual quantities of Work performed. The total amount paid to Contractor shall not exceed Thirty Thousand Five Hundred Twelve Dollars and 96 Cents ($30,512.96) (the “Contract Price”) subject to adjustments for changes in the Work as may be directed in writing by City. 2. INVOICES. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Work subject to retentions described in this Agreement. 3. ADDITIONAL PAYMENT TERMS. A. Contractor shall submit a final payment application in the amount of the contract sum upon completion of the Work and satisfaction of all conditions of the Agreement. City shall make payment within 30 days of receipt of application, less ten percent retention. City shall release the retained funds no less than thirty five (35) days after the date the City accepts the Work. B. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of Public Contract Code Section 22300. C. Contractor agrees to furnish, as a condition of payment, payroll affidavits, receipts, vouchers, and other documents, in form satisfactory to City, prior to receipt of any payment. Contractor shall submit Conditional and Unconditional waivers and release of lien (as provided in Civil Code Section 3262) on behalf of itself and suppliers that furnished labor, material, equipment or services to the Project.
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Exhibit B - Payment
D. Attention is directed to Section 9 of the State of California, Department of Transportation Standard Specifications for Construction of Local Streets and Roads (2002) which includes procedures for determination of payments, compensation for extra work by force account, partial payments, and final payments. These provisions are Contract Documents incorporated into this Agreement. E. Charges from Contractor to City will not be honored or paid by City unless the charges are authorized and approved by City at the time the work is being performed. //
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Exhibit C – Special Provisions
Exhibit C
SPECIAL PROVISIONS
1. LICENSE CLASSIFICATION In accordance with Section 3300 of the Public Contract Code, the City has determined that the Contractor shall have a Class A (General Engineering Contractor) or Class B (General Building Contractor) License and Class C10 (Electrical Contractor) at the time it submits its bid to the City and at all times it is performing the Work.
2. LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time, the City will sustain damage. The actual occurrence of damages and the actual amount of the damages which the City would suffer if the Work were not completed within the Contract Time would be impracticable and extremely difficult to determine. Damages the City would suffer in the event of delay include, but are not limited to, loss of the use of the Work, costs of administration, inspection, supervision and the loss suffered by the public within the City. Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the damages which the City shall incur upon failure of the Contractor to complete the Work within the Contract Time: Three Hundred Dollars per day ($ 300/Day), for each calendar day by which completion of the Work is delayed beyond the Contract Time. Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any monies due or that may become due to the Contractor under the Contract. Contractor will not be assessed with liquidated damages or the cost of engineering and inspection during the delay in the completion of the Work caused by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes, provided that the Contractor shall within five (5) days from the beginning of any such delay notify the Administrator, in writing, of the causes of delay. The Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings thereon shall be final and conclusive.
3. COOPERATION AND CARE A. Should construction be under way by the City, other agencies or other contractors within or adjacent to the limits of the work specified or should work of any other nature be under way by other forces within or adjacent to said limits, the Contractor shall cooperate with all such other contractors or other forces to the end that any delay or hindrance to their work will be avoided. The City reserves the
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Exhibit C – Special Provisions
right to perform other or additional work at or near the site (including material sources) at any time, by the use of other forces. B. Until the final acceptance of the contract, the Contractor shall have the charge and care of the Work and of the materials to be used therein, including materials for which partial payment has been received. The City shall not be held responsible for the care or protection of any material or parts of the Work prior to final acceptance, except as expressly provided in the Special Provisions.
4. PROGRESS OF THE WORK A. Hours of work - Overtime and holidays. The Contractor shall perform all work during the hours of 7:00 a.m. to 3:30 p.m., Monday through Friday unless otherwise specified in the Special Provisions or authorized by the City in writing. If the Contractor wishes to work during any other hours or on weekends, written permission must be received from the City. The request must be received at least two (2) working days in advance of any work. No work will be allowed on legal holidays except in the case of an emergency. A listing of holidays observed by City is on file in the office of the City. If Contractor requests overtime work in which the City will incurs costs, Contractor shall be responsible for payment of the City’s costs incurred in connection with the overtime work. The City will invoice the Contractor at time and one half to cover the costs incurred. If Contractor does not pay the invoice within ten days, the City may deduct the amount billed from other payments due or to become due to Contractor under the Contract. C. The Administrator or Administrator’s designee shall have the authority to suspend the Work, wholly or in part, for such a period as the Administrator may deem necessary.
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Exhibit D – Insurance
Exhibit D
INSURANCE Pursuant to Section 19 of this Agreement the following insurance requirements apply to Contractor and performance of the Work. Contractor shall procure and maintain for the duration of the contract, and until the expiration of the warranty period following the final completion and acceptance by the City, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Form CG 0001 covering Commercial General Liability on an “occurrence” basis. 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). 3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
Minimum Limits of Insurance Contractor shall maintain limits no less than: 1. General Liability: (Including operations, products and completed operations.)
$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage. 3. Employer’s Liability:
$1,000,000 per accident for bodily injury or disease.
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Exhibit D – Insurance
Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered
as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or 07 04 revisions), or as a separate owner’s policy, or on the City’s own form. 2. For any claims related to this project, the Contractor’s insurance coverage
shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from work performed by the Named Insured for the Agency. This provision also applies to the Contractor’s Workers’ Compensation policy. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.
Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
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Exhibit D – Insurance
Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.
Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the City has requested or received a waiver of subrogation endorsement from the insurer.
Claims Made Policies If any of the required policies provide claims-made coverage, the City requires that coverage be maintained for a period of 5 years after completion of the contract.
Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Subdivision Improvement Agreement
RECOMMENDED ACTION:
1. Approve Subdivision Improvement Agreement between Peach Hill Road, LLC and the City of
Saratoga.
2. Authorize the City Manager to execute the same.
REPORT SUMMARY:
In 1998 the Council adopted Resolution Number SD 88-005.01 approving the Final Map of
subdivision application SD 88-005.01 on Peach Hill Road.
Earlier this year, the property was purchased by Peach Hill Road, LLC. The new owner agreed to
complete remaining subdivision improvements along with submitting required subdivision
securities. A new Subdivision Improvement Agreement is needed with the new owner to ensure
the completion of the requirements of the original development application SD 88-005.1.
It is therefore recommended the City Council approve the Subdivision Improvement Agreement.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Subdivision Improvement Agreement will not be executed.
ALTERNATIVE ACTION:
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None in addition to the above.
FOLLOW UP ACTION:
The Subdivision Improvement Agreement will be recorded by the City Clerk.
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:
1. Subdivision Improvement Agreement
2. City Council Resolution SD 88-005.01 approving the Final Map for the subject Property
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SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick DIRECTOR: James Lindsay
SUBJECT: Extension of the surplus parking provision in City Code Section 15-35.020(k)
RECOMMENDED ACTION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the
Zoning Regulations related to Off-Street Parking and Loading Facilities.
REPORT SUMMARY:
On March 7, 2012, the City Council conducted a public hearing, introduced the proposed
ordinance, and directed staff to place the matter on the consent calendar at the next Council
meeting.
The proposed ordinance is attached. The proposed amendments would remove the time period in
the surplus parking provision.
FISCAL IMPACTS:
Parking spaces do have value which can be quantified and collected through an in-lieu fee.
However, additional fee burdens may keep new business from locating in the Village as the local
economy is still slowly recovering. Retaining the parking waiver could continue to help
stimulate business activity in the Village thereby increasing sales tax revenue to the City.
ALTERNATIVE ACTION:
Provide staff with alternative direction.
FOLLOW UP ACTION:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the City of Saratoga within 15 days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Off-Street Parking and Loading Facilities Ordinance amendment
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ORDINANCE NO.
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
CONCERNING PARKING REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
a. The City of Saratoga’s Village business district has long been recognized as an area that has
a mix of businesses that included cross section of retail, service, restaurant, and personal
service industries that contribute to our residents’ quality of life.
b. The City’s Village Design Guidelines and Village Improvement Project both contain
numerous goals to create a vibrant downtown where the mix of retail and service based
businesses exist.
c. A nationwide economic recession has reduced the demand for many retail goods resulting in
retail business failures and increasing retail space vacancies in the Village.
d. There is surplus parking capacity in the Village and this capacity can be used to attract new
uses to the Village to promote a more diverse economic climate.
e. The General Plan designates the downtown Village area as CR - Retail Commercial. General
Plan Land Use Policy LU 7.1 states, “The City shall consider the economic impacts of all
land use decisions on the City.” Accordingly, relaxing the parking requirements would
provide greater flexibility in attracting tenants and/or promote greater investment in
individual properties which would be consistent with Policy LU 7.1 and the City’s goals to
revitalize the Village.
f. The Circulation and Scenic Highway Element of the General Plan states under Goal CI.7.0a,
“Provide adequate parking for non-residential uses to minimize intrusion into adjacent
neighborhoods.’ CI.7.1, states, “Review on-street parking policies and utilization in the
Village area” as a policy. The proposed amendment is consistent with the Circulation
Element of the General Plan in that the proposed amendment relies on a review of current
utilization of parking in the Village.
g. Pursuant to the California Environmental Quality Act, the extension amendment is exempt
under CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is
no possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA.
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Section 2. Adoption.
The Saratoga City Code is hereby amended by adding the text shown in bold italics
(example) and deleting the text shown in strikeout (example) in the sections listed below:
15-35.020 General requirements and regulations for off-street parking spaces.
(k) Surplus parking in C-H district: Notwithstanding any other provision of this Code, for
applications deemed complete between after March 1, 2006 and February 28, 2012
(1) Allocation procedure: Surplus floor area shall be allocated on a first-come, first-served
basis, based on the date that the application submittal is deemed complete by the Community
Development Department;
, no off-street
parking shall be required of any new, altered, or enlarged site or structure in any C-H district
until such time as a total of forty-one thousand eight hundred fifty square feet of gross floor area
beyond that existing on March 1, 2006 ("surplus floor area") has been constructed or otherwise
allocated as set forth below in the C-H districts. This provision shall be administered as follows:
(2) New site or structure: The amount to be deducted from the surplus floor area for a new site
or structure shall be the gross floor area calculated using the methodology for determining gross
floor area in subsection (e) of this Section;
(3) Alteration that increases floor area: The amount to be deducted from the surplus floor area
for an alteration to an existing site or structure that increases the gross floor area of that site or
structure shall be the difference between the new gross floor area and the existing gross floor area
determined in accordance with subsection (e) of this Section;
(4) Change in use that does not increase floor area: The amount to be deducted from the
surplus floor area for a change in use to an existing site or structure that does not increase the
gross floor area of that site or structure shall be determined as follows: The number of parking
spaces required for the change in use, as determined by the off-street parking space requirements
prescribed in Section 15-35.030, shall be multiplied by four hundred fifty square feet (450 SF) to
determine the "changed use area". The number of parking spaces allocated to the prior use shall
be multiplied by four hundred fifty square feet (450 SF) to determine the existing parking credit.
The amount to be deducted from the surplus floor area shall be the changed use area minus the
existing parking credit. For example: if a change in use requires four parking spaces, then the
changed use area is equal to one thousand eight hundred square feet. If the previous use required
one parking space, then existing parking credit is four hundred fifty square feet. The surplus floor
area to be deducted would be one thousand three hundred fifty square feet;
(5) Exception for parking districts: Notwithstanding subsection (4), above, no deduction from
the surplus floor area shall be made or required for any change in use or alteration to an existing
site or structure within a City parking district that does not increase the gross floor area of that
site or structure;
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(6) Removal of allocation: Allocation of surplus floor area to an application shall be removed at
such time as the application is denied or withdrawn and, for applications that are approved, upon
the expiration of that approval. If an application is modified by the applicant or the approval in a
manner that changes the gross floor area associated with the application, the allocation shall be
adjusted accordingly;
(7) Allocation monitoring: The Community Development Department shall monitor and
maintain an account showing the amount of surplus floor area that has been allocated pursuant to
this Section and the amount that remains to be allocated; and
(8) Projects in excess of available allocation: Any proposed new, altered, or enlarged site or
structure in any C-H district that would add more gross floor area than the remaining surplus
floor area shall comply with the off-street parking requirements set forth in subsection (a) of this
Section and elsewhere in this Code as to the excess floor area unless the applicant applies for and
pays the costs of a parking study to be completed by the City Traffic Engineer and that study is
approved by the Planning Commission and determines that excess parking capacity is available
in the C-H districts and recommends that the amount of surplus floor area be increased at least by
an amount that would accommodate the proposed new, altered, or enlarged site or structure.
Section 3. 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 4. Publication.
This ordinance or a comprehensive summary thereof shall be published once in a newspaper
of general circulation of the City of Saratoga within fifteen days after its adoption.
[The Remainder of This Page is Intentionally Blank]
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The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 7th day of March, 2012, and was adopted by the following vote
following a second reading on the 21st of March, 2012:
AYES: __________________________________________
NOES: __________________________________________
ABSENT: ________________________________________
__________________________________________
Chuck Page
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
___________________________
Crystal Morrow
CITY CLERK
APPROVED AS TO FORM:
___________________________
Richard Taylor
CITY ATTORNEY
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SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay
SUBJECT: Development Agreement for Design Review and Conditional Use Permit for a
new Two-Story Home, Secondary Dwelling Unit, Equestrian Facilities and
Variation from Standards for Lot Coverage
RECOMMENDED ACTION:
Staff recommends that the City Council (1) accept the Planning Commission’s recommendation to adopt the Mitigated Negative Declaration and approve the Development
Agreement, Design Review, and Conditional Use Permit subject to conditions of approval; and (2) introduce and waive the first reading of the Ordinance adopting the Development Agreement and direct staff to place the ordinance on the consent calendar at the next regular City Council meeting.
DISCUSSION:
On February 8, 2012, the Planning Commission held a Public Hearing to review the project. At
that time, the Planning Commission recommended approval of a new 6,072 square foot two-story
home, an 876 square foot secondary dwelling unit, and a 5,402 square foot stable at 22100 Mount
Eden Road. The new barn will require design review approval because detailed plans were not
prepared for this stage of the project. The total proposed floor area on the site would be 13,971
square feet and the total proposed lot coverage would be 33,019 square feet based on the
considerations proposed in the Development Agreement.
Development Agreement: A Development Agreement (Exhibit A-1) was prepared to support the
findings needed to grant the requested entitlements. Under the proposed agreement, the applicant
would agree:
• That the property could not be subdivided now or in the future.
• The development will be constructed as shown on the Development Plans and colors and
materials board (Exhibit A) and as described in the Development Proposal (Exhibit A1).
• The amount of total floor area for the property would not exceed 13,970 square feet (2,930
square feet less than what would have been allowed with a two-lot subdivision).
• The amount of total lot coverage on the property would not exceed 42,019 square feet (5,671
square feet less than previously developed on the site).
• Maintain a minimum percentage of agricultural and equestrian uses on the property (Exhibit
A).
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• To record a Conservation Easement (Exhibit B) over the steepest portion of the property;
thereby assuring the easement area would be retained in perpetuity in its natural, scenic and
open space condition.
• To dedicate pedestrian and equestrian trail easements to the City of Saratoga as depicted on
the Trails Master Plan included in the Open Space Conservation Element of the City of
Saratoga General Plan and the Trail Easements Agreement prepared by the City Engineer
(Exhibit C).
The Development Agreement provides that in exchange for the applicant’s agreement to not
subdivide the property, the City would apply the floor area and lot coverage development
standards as if the property had been subdivided into two separate lots. This is a benefit to the
City because the applicant initially applied for a subdivision, and the City could not deny an
application for such a subdivision. The provisions of this proposal are very similar to provisions
approved in the South Thunder Pre-Annexation Agreement. The differences in the development
standards are shown in the table below. An amendment to the CUP and Development Agreement
would be required if the Property Owner desires to intensify the use in the future.
Development Standards (Table 1) Zoning
Standard
Proposed
Proposed vs.
Standard
Existing Lot
Floor Area 8,800 sf.# 13,970 5,170
Coverage 16,500 sf. # 42,019 24,619
Two Lot Subdivision
Floor Area 16,800 sf.# 13,970 -2,930
Coverage 31,500 sf. # 33,209* 709
# Assumes a 10% floor area bonus for the deed restricted secondary dwelling unit on one lot
* 8,910 sf. deduction for common access road serving two parcels
ALTERNATIVE ACTION:
Deny the proposed resolution approving the requested entitlements and provide Staff with
direction.
FOLLOW UP ACTION:
The Development Agreement Ordinance will be scheduled for a second reading on the April 4,
2012 consent calendar. The Development Agreement, Ordinance, and Resolution adopting the
Mitigated Negative Declaration and approving the Development Agreement, Design Review, and
Conditional Use Permit will be effective 30 days after the second reading. The applicant will be
required to record the Development Agreement, Conservation Easement, and Trails Agreement
with the Santa Clara County Recorder’s Office, and apply for a City of Saratoga building permit
for the requested entitlements.
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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. Notice of the hearing was published in the Saratoga
News on February 21, 2012 and mailed in the manner and to the extent required by law.
ATTACHMENTS:
1. Resolution of Approval
2. Development Agreement Ordinance
3. Development Agreement
4. Development Plans and Color Board (Exhibit "A")
5. Development Proposal (Exhibit “A1”)
6. Legal Description of Property (Exhibit “A2”)
7. Conservation Easement Agreement (Exhibit "B")
8. Conservation Easement Plat Map (Exhibit "B1")
9. Conservation Easement Legal Description (Exhibit "B2")
10. Trail Easements Agreement (Exhibit “C”)
11. Trail Easements Plat Map (Exhibit "C1")
12. Trail Easements Legal Description (Exhibit "C2")
13. Initial Study and Mitigated Negative Declaration, revised February 2, 2012
14. Planning Commission Minutes from February 8, 2012
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A RESOLUTION OF THE CITY OF SARATOGA CITY COUNCIL ACCEPTING THE
PLANNING COMMISSIONS RECOMMEDATION TO ADOPT A MITIGATED
NEGATIVE DECLARATION AND APPROVE DESIGN REVIEW PDR11-0010, AND
CONDITIONAL USE PERMIT CUP11-0007 LOCATED AT 22100 MOUNT EDEN
ROAD
WHEREAS, on March 22, 2011, John and Tara Couch (“Applicants”) submitted an
application requesting design review approval to construct a new two-story home located at
22100 Mt. Eden Road. The property is located within the Hillside Residential Zoning District
(APN 503-09-005); and
WHEREAS, on December 8, 2011, the Applicants submitted an application requesting
conditional use permit approval and variation from standards for equestrian uses located at
22100 Mt. Eden Road; and
WHEREAS, on February 8, 2012, the Planning Commission held a duly noticed public
hearing on the subject application, and considered evidence presented by City staff, the
applicant, and other interested parties including all comments on the Initial Study and Mitigated
Negative Declaration raised during the public and agency comment period and at the public
hearing.
WHEREAS, on February 8, 2012, the Planning Commission recommended the City
Council adopt the Mitigated Negative Declaration and approve a development agreement,
Design Review PDR11-0010, and Conditional Use Permit CUP11-0007 subject to the
Conditions of Approval attached hereto as Exhibit 1 (these approvals are referred to below as the
project).
WHEREAS, on March 7, 2012 the City Council held a duly noticed public hearing on
the project, and considered the Planning Commission recommendation, evidence presented by
City staff, the applicant, and other interested parties including all comments on the Initial Study
and Mitigated Negative Declaration raised during the public and agency comment period and at
the public hearing.
NOW THEREFORE, the City Council of the City of Saratoga hereby finds, determines
and resolves as follows:
Section 1: The recitals set forth above are true and correct and incorporated herein by
reference.
Section 2: For the reasons set forth in the staff report to the City Council, the project is
consistent with Saratoga General Plan Land Use Goal 13 which provides that the City shall use
the Design Review process to assure that the new construction and major additions thereto are
compatible with the site and the adjacent surroundings; Open Space Element Policy 11.a which
provides that the City shall ensure that projects are designed in a manner that minimizes
disruption to important wildlife, riparian and plant habitats; and Safety Element Site and
Drainage Policy 3 which provides that the City shall require that landscaping and site drainage
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plans be submitted and approved during Design Review for a residence prior to issuance of
permits.
Section 3: For the reasons set forth in the staff report to the City Council, the project is
consistent with the Saratoga City Code in that the design and improvements are consistent with
the design review findings in that the project avoids unreasonable interference with views and
privacy; preserves the natural landscape, native and heritage trees; minimizes the perception of
excessive bulk and is of compatible bulk and height; uses current grading and erosion control
methods; and follows appropriate design policies and techniques.
Section 4: For the reasons set forth in the staff report to the City Council, the project
meets the burden of proof required to support the conditional use permit and variation from
standards in that the proposed location of the conditional use is in accord with the objectives of
the Zoning Ordinance and the purposes of the district in which the site is located; that the
conditions under which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or improvements in the vicinity; the
proposed conditional use will comply with each of the applicable provisions of this Chapter; and
the proposed conditional use will not adversely affect existing or anticipated uses in the
immediate neighborhood, and will not adversely affect surrounding properties or the occupants
thereof.
Section 5: The Mitigated Negative Declaration for the project is hereby adopted together
with the findings and determinations set forth in Exhibit 2 to this Resolution;
Section 6: Given that the Development Agreement provides certain assurances for the
City, the City of Saratoga City Council hereby accepts the Planning Commission
recommendation to approve Design Review PDR11-0010, and Conditional Use Permit CUP11-
0007 subject to the Conditions of Approval attached hereto as Exhibit 1. The approval of
PDR11-0010 and CUP11-0007 shall become effective upon the date that the Development
Agreement for the project introduced on March 21, 2012 takes effect. In the event that the
Development Agreement is not adopted or for any reason does not take effect, those approvals
shall be of no force and effect.
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PASSED AND ADOPTED by the City of Saratoga City Council this 21st day of March
2012 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Chuck Page, Crystal Morrow,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
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EXHIBIT 1
RECOMMENDED CONDITIONS OF APPROVAL
DESIGN REVIEW & CONDITIONAL USE PERMIT NO. PDR11-0010 & CUP11-0007
LOCATED AT 22100 MOUNT EDEN ROAD
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading, or
building permit for this project shall be issued until proof is filed with the city that a
certificate of approval documenting all applicable permanent or other term-specified
conditions has been recorded by the applicant with the Santa Clara County Recorder’s Office
in form and content acceptable to the Community Development Director.
2. If a condition is not “permanent” or does not have a term specified, it shall remain in effect
until the issuance by the City of Saratoga of a certificate of occupancy or its equivalent.
3. Conditions may be modified only by the Planning Commission unless modification is
expressly otherwise allowed by the City Code including but not limited to sections 15-80.120
and/or 16-05.035, as applicable.
4. The Community Development Director shall mail to the Owner and Applicant a notice in
writing, on or after the time the Resolution granting this Approval is duly executed by the
City, containing a statement of all amounts due to the City in connection with this
application, including all consultant fees (collectively “processing fees”). This approval or
permit shall expire sixty (60) days after the date said notice is mailed if all processing fees
contained in the notice have not been paid in full. No Zoning Clearance or Demolition,
Grading, or Building Permit may be issued until the Community Development Director
certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus
balance of $500 is maintained).
5. A Building Permit must be issued and construction commenced within 36 months from the
effective date of this Resolution or the Design Review Approval and Use Permit will expire
unless extended in accordance with the City Code.
6. The Project shall maintain compliance with all applicable regulations of the State, County,
City and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design
Review Approval and Use Permit the Owner or Applicant shall obtain a “Zoning Clearance”
from the Community Development Director by submitting final plans for the requested
permit to the Community Development Department for review to ascertain compliance with
the requirements of this Resolution.
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8. Agreement to Indemnify, Hold Harmless and Defend City as to Action Challenging
Approval of Application and as to Damage from Performance of Work Authorized by Design
Review Approval and Use Permit. As a condition of this Approval, Owner and Applicant
hereby agree to defend, indemnify and hold the City and its officers, officials, boards,
commissions, employees, agents and volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action on the subject application, or any of the proceedings, acts or determinations
taken, done or made prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of such construction, installation, alteration or
grading work by the Owner and/or Applicant, their successors, or by any person
acting on their behalf.
In addition, prior to any Zoning Clearance from the Community Development Director,
Owner and Applicant shall execute a separate agreement containing the details of this
required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior
approval as to form and content by the Community Development Director.
B. COMMUNITY DEVELOPMENT
9. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans and the Color Board dated
February 2, 2012 denominated Exhibit "A". All proposed changes to the Approved Plans
must be submitted in writing with plans showing the changes, including a clouded set of
plans highlighting the changes. Such changes shall be subject to approval in accordance with
Condition A.3, above.
10. Effective Date. The Development Agreement and Resolution adopting the Mitigated
Negative Declaration and approving the Development Agreement, Design Review, and
Conditional Use Permit will be effective 30 days after the second reading of the City Council
Ordinance adopting the Development Agreement.
11. THIS CONDITION IS PERMANENT. Future Improvements. All improvements other
than those shown on the Approved Plans shall be approved through design review prior to
issuance of building permits. No structure shall be built on an area with an average slope that
exceeds 30% or an area that exceeds 40% natural slope at any point under the structure.
12. THIS CONDITION IS PERMANENT. Deed Restriction: Trails Easements. The property
Owner shall dedicate trail easements to the City of Saratoga in form and content satisfactory
to the Community Development Director as depicted on the Trails Master Plan included in
the Open Space Conservation Element of the City of Saratoga General Plan. Specifically, the
property Owner shall dedicate an equestrian trail easement from Mt. Eden Road to the north-
east property corner. In addition, the property Owner shall dedicate a pedestrian and
equestrian easement in the vicinity of existing roadway located in existing Ingress and Egress
Easement along a portion of the southerly property line. This easement shall be designed in a
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manner that assures the trail slope is feasible for reasonable equestrian use and that the trail
avoids conflict with vehicular traffic on the roadway. A legal description and plat plan or a
verbal trail description shall be prepared for each trail easement dedication and submitted to
the City Public Works Department for review and approval. The width and exact location of
the trail easements are subject to approval by the Public Works Department. In addition, if
requested by the Director of Public Works, Owner shall re-record an offer of dedication
comparable to that offered to the City on December 14, 1984. These offers of dedication
shall be recorded prior to issuance of Zoning Clearance for a Building Permit. The City
Manager is authorized to accept trail easement dedications on the property on behalf of the
City upon the recommendation of the Director of Public Works.
13. THIS CONDITION IS PERMANENT. Deed Restriction: Conservation Easement. As
proposed by the Owner, the property Owner shall dedicate, in form and content satisfactory
to the Community Development Director, a Conservation Easement over the designated
easement area to preserve and protect in perpetuity the natural, scenic and open space values
of the easement area, subject to the restrictions contained therein. The easement shall be
recorded prior to issuance of Zoning Clearance for a Building Permit. The City Manager is
authorized to accept the easement upon the recommendation of the Community Development
Director.
12. THIS CONDITION IS PERMANENT. Deed Restriction: Development Agreement. The
property Owner shall record the Development Agreement between the Owner and City
introduced by the City Council on March 21, 2012. The Development Agreement shall be
recorded prior to issuance of Zoning Clearance for a Building Permit.
13. Building Division Submittal. Four (4) sets of complete construction plans shall be
submitted to the Building Division. These plans shall be subject to review and approval by
the Community Development Department Director or designee prior to issuance of Zoning
Clearance. The construction plans shall, at a minimum include the following
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit
“A” on file with the Community Development Department and referenced in Condition
No. B.1 above;
b. This signed and dated Resolution printed onto separate construction plan pages;
c. City Arborist Report dated December 2, 2011, printed collectively onto separate
construction plan pages;
d. A note shall be included on the site plan stating that no construction equipment or
private vehicles shall be parked or stored within the root zone (as determined by the City
Arborist) of any Ordinance-protected tree on the site;
e. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note
shall represent a condition which must be satisfied to remain in compliance with this
Design Review Approval;
f. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil
Engineer authorized to practice land surveying. The stamp shall reflect a current license
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for the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and
the document shall not contain any disclaimers;
g. A final utility plan that shows location of HVAC mechanical equipment outside of
required setback areas;
h. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined
with a Stormwater Detention Plan (described below);
i. A final Landscape and Irrigation Plan (described below); and
j. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
14. THIS CONDITION IS PERMANENT. Stormwater. The applicant shall comply with
requirements of Provision C.3 of the National Pollution Discharge Elimination System
("NPDES") Permit for Santa Clara Basin. Disposition and treatment of stormwater shall
comply with the applicable requirements of the NPDES Permit issued to the City of Saratoga
and the implementation standards established by the Santa Clara Valley Urban Runoff
Pollution Prevention Program (collectively the “NPDES Permit Standards”). Prior to
issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this Project, a
Stormwater Detention Plan shall be submitted to the Building Department for review and
approval demonstrating how all storm water will be detained on-site and in compliance with
the NPDES Permit Standards. If not all stormwater can be detained on-site due to
topographic, soils or other constraints, and if complete detention is not otherwise required by
the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum
reasonably feasible amount of stormwater and to direct all excess stormwater away from
adjoining property and toward stormwater drains, drainageways, streets or road right-of-
ways and otherwise comply with the NPDES Permit Standards and applicable City Codes.
15. THIS CONDITION IS PERMANENT. Stormwater Treatment Measures Maintenance.
Post-construction operation and maintenance of storm water treatment Best Management
Practices (BMP’s) shall be the responsibility of the homeowner.
16. Grading and Drainage Permit. A grading and drainage permit shall be obtained from the
City Engineer. All conditions of the grading and drainage permit shall be implemented. All
conditions of the Santa Clara Valley Water District shall be met. Short-term soil erosion and
sediment control resulting from construction activity shall be controlled.
17. Grading and Design Plan. A grading and drainage plan, prepared by a civil engineer, shall
be submitted to the City for approval.
a. The grading and drainage plan shall include a storm water retention plan indicating how
storm water will be retained on site.
b. Grading of a project site shall be designed to minimize erosion, runoff, and water waste,
by using the following techniques:
(1) grade so that all irrigation and normal rainfall remains within property lines and does
not drain on to non-permeable hardscapes;
(2) avoid disruption of natural drainage patterns and undisturbed soil; and
(3) avoid soil compaction in landscape areas.
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c. The grading plan shall indicate finished configurations and elevations of the landscape
area including:
(1) height of graded slopes;
(2) drainage patterns;
(3) pad elevations;
(4) finish grade; and
(5) stormwater retention improvements.
d. Grading and trenching (including for undergrounding electrical lines) shall be shown on
the plans submitted to the Building Division and demonstrate adequate protection of trees
to the satisfaction of the City Arborist, or, in the alternative, the City Arborist shall be
present and have authority during the grading and trenching to require hand digging for
any tree roots judged at the discretion of the City Arborist to need additional protection.
18. THIS CONDITION IS PERMANENT. Soil and Erosion Control Plan. The applicant
should submit and implement a soil and erosion control plan, which identifies the techniques
for minimizing the impact of disturbance on adjacent properties. The Project shall be
designed to direct water runoff away from adjacent properties and detain water runoff on the
project site, to the maximum reasonably feasible amount possible, through the use of
appropriate storm water control measures. Erosion problems shall be avoided or corrected
including replanting removed and damaged trees and revegetating graded areas as soon as
feasible with native plants. Correction of stream erosion problems shall be accomplished
using natural and/or natural appearing materials. Applicant shall make on-site or off-site
improvements reasonably related to the impacts of the Project as requested by the City Public
Works Department, prior to Final Occupancy Approval.
19. THIS CONDITION IS PERMANENT. Landscape and Irrigation Plan. The Landscape
and Irrigation Plan required by City Code Section 15-45.070(a)(9) shall be designed to the
maximum extent reasonably feasible to:
a. utilize efficient irrigation (where irrigation is necessary), to eliminate or reduce runoff, to
promote surface infiltration, and to minimize use of fertilizers and pesticides that have
the potential to contribute to water pollution;
b. treat stormwater and irrigation runoff by incorporating elements that collect, detain and
infiltrate runoff. In areas that provide detention of water, plants that are tolerant of
saturated soil conditions and prolonged exposure to water shall be specified in the Plan,
installed and maintained;
c. be comprised of pest resistant landscaping plants throughout the landscaped area,
especially along any hardscape area;
d. be comprised of plant materials selected to be appropriate to site specific characteristics
such as soil type, topography, climate, amount and timing of sunlight, prevailing winds,
rainfall, air movement, patterns of land use, ecological consistency and plant interactions
to ensure successful establishment;
e. protect the roots of Ordinance-protected trees from any proposed or required
undergrounding of utilities;
f. retain and incorporate existing native trees, shrubs, and ground cover into the Plan; and
g. comply with Section 16-75.030 of the City Code to the extent applicable.
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20. Front yard landscaping. Front yard landscaping shall be installed prior to final inspection
or a bond satisfactory to the Community Development Director for 150% of the estimated
cost of the installation of such landscaping shall be provided to the City.
21. THIS CONDITION IS PERMANENT. Landscape maintenance. Proper maintenance of
landscaping with minimal pesticide use shall be the responsibility of the property owner.
Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed or otherwise
maintained by the Owner as may be prescribed by the Community Development Director;
22. GreenPoint Requirement. Prior to issuance of a building permit, the applicant shall submit
verification by a certified green building rater that the dwelling design qualifies for a
minimum score of fifty points under the GreenPoint rating system.
23. THIS CONDITION IS PERMANENT. Wood-burning fireplace limitation. A maximum
of one wood-burning fireplace is permitted per habitable structure (e.g., main house or guest
house). All other fireplaces shall be gas burning.
24. THIS CONDITION IS PERMANENT. Fences. Fences and walls shall comply with City
Code Chapter 15-29.
25. THIS CONDITION IS PERMANENT. Lighting. Exterior lighting shall be shielded so as
not to shine on adjacent properties.
26. THIS CONDITION IS PERMANENT. Plumbing. All plumbing fixtures or irrigation
systems shall be water conserving and otherwise comply with City Code Section 16-75.030.
27. Construction truck routes. Construction trucks shall only use designated truck routes.
28. Noise limitations during construction. The noise level at any point twenty-five feet from
the source of noise shall not exceed 83 dBA during residential construction, and residential
construction, alteration or repair activities which are authorized by a valid City permit, or do
not require the issuance of a City permit, may be conducted only between the hours of 7:30
A.M. and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00
P.M. on Saturday. Residential construction shall be prohibited on Sunday and weekday
holidays, with the exception of that construction, alteration or repair activities which are
authorized by a valid City permit and which do not exceed fifty percent of the existing main
or accessory structure may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on
Sunday and weekday holidays. A notice of applicable construction hour restrictions shall be
posted conspicuously on site at all times for all exterior residential construction activity
requiring a City permit.
29. Construction and Demolition Debris Recycling Plan. Because this Design Review
Approval authorizes a construction, remodeling, or demolition project affecting more than
two thousand five hundred square feet of floor space the Applicant is required to provide to
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the Building Official a construction and demolition debris recycling plan prior to the issuance
of any Demolition, Grading or Building Permit.
30. Maintenance of Construction Project Sites. Because this Design Review Approval
authorizes a project which requires a Building Permit, compliance with City Code Section
16-75.050 governing maintenance of construction project sites is required.
31. Basic Construction Measures. Short-term construction emissions will be controlled through
best management practices and the implementation of the Basic Construction Mitigation
Measures, listed in Table 8-1 of the BAAQMD Guidelines, as follows:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet
power vacuum street sweepers at least once per day. The use of dry power sweeping is
prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as
possible. Building pads shall be laid as soon as possible after grading unless seeding or
soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage shall be provided for construction workers at all access points.
g. All construction equipment shall be maintained and properly tuned in accordance with
manufacturer‘s specifications. All equipment shall be checked by a certified visible
emissions evaluator.
h. Post a publicly visible sign with the telephone number and person to contact at the lead
agency regarding dust complaints. This person shall respond and take corrective action
within 48 hours. The Air District‘s phone number shall also be visible to ensure
compliance with applicable regulations.
i. Green building materials and strategies shall be incorporated into the construction of the
proposed new residences in accordance with City guidelines and standards.
j. A maximum of one wood-burning fireplace per residence may be installed consistent
with City regulations and BAAQMD guidelines.
32. Cultural Resources. If archaeological or cultural resources or human remains are
discovered, the following conditions shall be implemented.
a. If significant cultural materials are found during project construction activities, all
construction shall cease within a 50-foot radius of the find in order to proceed with the
testing and mitigation measures required. The City of Saratoga shall be notified, and a
qualified archaeologist shall examine the find and make appropriate recommendations
regarding the significance of the find and the appropriate mitigation. Recommendations
could include collection, recordation, and analysis of any significant cultural material.
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Pursuant to Section 7050.5 of the Health and Safety Code and Section 5097.94 of the
public Resources Code of the State of California.
b. In the event of the discovery of human remains during construction, there shall be no
further excavation or disturbance of the site or any nearby area reasonably suspected to
overlay adjacent remains. The Santa Clara County Coroner shall be notified and shall
make a determination as to whether the remains are Native American. If the Coroner
determines that the remains are not subject to his authority, he shall notify the Native
American Heritage Commission who shall attempt to identify descendants of the
deceased Native American. If no satisfactory agreement can be reached as to the
disposition of the remains pursuant to this State Law, then the land owner shall re-inter
the human remains and items associated with Native American burials on the property in
a location not subject to further subsurface disturbance.
c. In the event any unrecorded archaeological resources are recorded, it will be the
responsibility of the project archaeologist to (at a minimum) record the location of the
resources on DPR archaeological site forms to be submitted to the Northwest Information
Center (NWIC) at the completion of the project. If it has been determined that additional
earthmoving activities will further disturb the resource, a plan for its evaluation under
current CEQA guidelines should be submitted to the City of Saratoga for approval before
a program of hand excavation is undertaken.
d. If evaluative testing demonstrates that the property contains an archaeological resource
eligible for inclusion on the California Register of Historical Resources, the project
applicant should submit a plan for mitigation of impacts to that resource to the City of
Saratoga for approval before additional data recovery efforts are allowed to proceed in
areas of planned impacts. Mitigation can take the form of additional archaeological
monitoring along with recording and/or removal of significant archaeological materials
and information. Mitigation should also include the analysis and production of a report of
findings at the completion of archaeological fieldwork for submission to the City and the
NWIC.
e. After discovery of any significant cultural resources, a final report shall be submitted to
the City of Saratoga. This report shall contain a description of the monitoring and testing
program, a list of the resources found, a summary of the resources analysis methodology
and conclusion, and a description of the disposition/duration of the resources. The report
shall verify completion of the mitigation program to the satisfaction of the City of
Saratoga.
C. CITY ARBORIST.
33. Compliance with Tree Regulations and City Arborist Report. All requirements in the
City Arborist Report dated December 2 2012, are hereby adopted as conditions of approval
and shall be implemented as part of the Approved Plans. This includes, but is not limited to,
the following conditions of approval, required prior to issuance of zoning clearance and
building division permits:
a. The entire Arborist Report, including the Tree Inventory Table and map showing
locations of trees and protective fencing, shall be incorporated into the final set of plans
and titled “Tree Preservation”.
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b. Owner shall obtain, and file with the Community Development Director, a $138,275 Tree
Protection security deposit, prior to obtaining Building Division permits. The tree
protection security deposit shall remain in place for the duration of construction of the
project to ensure the protection of the trees.
c. New trees equal to $42,930 shall be planted as part of the project.
d. Tree Protection Fencing shall be installed as shown in the Arborist Report and Map and
established prior to the arrival of construction equipment or materials on site. It shall be
comprised of six-foot high chain link fencing mounted on eight-foot tall, 1 7/8-inch
diameter galvanized posts, driven 24 inches into the ground and spaced no more than 10
feet apart. Signs shall be posted with saying “TREE PROTECTION FENCE - DO NOT
REMOVE WITHOUT APPROVAL FROM CITY ARBORIST”. The City Arborist shall
inspect the tree protection fencing prior to owner obtaining building division permits.
Tree protection fencing shall remain undisturbed throughout the construction until final
inspection.
34. Protection of trees during Construction. Applicant is responsible for protecting trees per
City Code Article 15-50 during all construction work. Unless otherwise approved by the City
Arborist, all construction activities must be conducted outside the designated fenced area
(even after fencing is removed).
35. Protection of trees from harmful chemicals. Harmful chemicals shall not be disposed of
near trees.
D. PUBLIC WORKS
36. Encroachment Permit. Applicant shall obtain an encroachment permit for any and all
improvements in any City right-of-way prior to commencement of the work to implement
this Design Review Approval.
37. Other Improvements. The owner/applicant is responsible for all damages to curb, gutter
and public streets caused during the project construction by project construction vehicles at
the public right away areas at/near the property frontage. Applicant shall make on-site or off-
site improvements reasonably related to the impacts of the Project as requested by the City
Public Works Department, prior to Final Occupancy Approval.
38. Geotechnical Clearance. Applicant shall comply with all Geotechnical requirements and
conditions required by the City Engineer.
a. The applicant's geotechnical consultant shall review and approve all geotechnical
aspects of the project building and grading plans (i.e., site preparation and grading, site
drainage improvements and design parameters for foundations, retaining walls and
driveway) to ensure that their recommendations have been properly incorporated. The
results of the plan review shall be summarized by the geotechnical consultant in a letter
and submitted to the City Engineer for review prior to issuance of building permits.
b. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface
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drainage improvements, and excavations for foundation construction prior to placement
of fill, steel and concrete. The Project Engineering Geologist shall inspect basement
excavations to confirm anticipated geologic conditions. The results of these inspections
and the as-built conditions of the project shall be described by the geotechnical
consultant in a letter(s) and submitted to the City Engineer for review and approval prior
to Final (as-built) Project Approval.
E. FIRE SAFETY OR FIRE AGENCY REQUIREMENTS
39. Fire Agency Conditions. Applicant shall comply with all Fire Agency requirements and
conditions.
F. REQUIREMENTS OF OTHER AGENCIES OR UTILITIES
40. Conditions Requested by Other Agencies or Utilities. Applicant shall comply with all
conditions regarding improvements, whether on-site or off-site requested by other Agencies
or Utilities having jurisdiction under the Mitigated Negative Declaration. Such agencies
include but are not limited to the Santa Clara Valley Water District, Regional Water Quality
Control Board, U.S. Army Corps of Engineers, and California Department of Fish and Game.
Prior to issuance of city permits, the applicant must present evidence of permit approval by
any such agencies, as required for any activities within jurisdictional areas of said agencies.
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Exhibit 2
The City of Saratoga City Council has considered a proposed Mitigated Negative Declaration for
a Development Agreement, Design Review approval PDR11-0010, and Conditional Use Permit
approval CUP11-0007 subject to conditions of approval for a new two-story home and
equestrian uses including a request for a variation from standards for excess lot coverage and
floor area on the Property associated with the horse walker area, horse corral/riding arena, and
future buildings, hardscape, and landscape at 22100 Mt. Eden Road (APN 503-09-005). The
foregoing actions are described as the “Project.”
Findings and Determinations Regarding California Environmental Quality Act Compliance
1. An Initial Study (IS) and Negative Declaration (ND) were prepared for the Project by the
City of Saratoga, pursuant to the requirements of the California Environmental Quality
Act (CEQA, Public Resources Code sections 21000-21177), CEQA Guidelines (14
California Code of Regulations sections 15000-15387), and other applicable
requirements.
2. The Initial Study and a notice of intent to adopt the Mitigated Negative Declaration (MND)
were duly noticed and circulated for a 30-day public review period from December 12, 2011
through January 11, 2012. All Interested Parties desiring to comment on the MND were
given the opportunity to submit written and oral comments on the adequacy of the MND up
to and including the close of the Public Hearing on Project before the City Council on
March 7, 2012.
3. The IS and ND represents the City’s independent judgment and analysis.
4. On March 7, 2012 the City Council conducted a public meeting on the Project, during
which opportunity was given to address the adequacy of the MND. All comments on the
IS and MND raised during the public and agency comment period and at the Public
Hearings on the Project were considered by the City Council and the City Council was
given the opportunity to review all of the information in the administrative record; and
5. After the conclusion of public testimony, the City Council considered all oral and written
comments and a staff recommendation for approval of the MND and reviewed and
considered the information in the IS and ND, public and agency comments on the IS and
ND, the administrative record, and the staff report for completeness and compliance with
CEQA, the CEQA Guidelines, and any and all other applicable requirements.
6. The Project has been the subject of an Initial Study and Mitigated Negative Declaration
under the California Environmental Quality Act (CEQA) pursuant Section 15070 and
following of Title 14, Division 6, Chapter 3 (CEQA Guidelines). The MND has been
completed in compliance with the intent and requirements of CEQA, CEQA Guidelines
and any and all other applicable requirements. The City Council has considered the
information contained in the MND and the record in considering the Project and related
actions.
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7. The MND is based on an Initial Study which identifies potentially significant effects, but:
(1) Revisions in the project plans would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur, and (2) There is no substantial evidence,
in light of the whole record before the City of Saratoga, that the project as revised may
have a significant effect on the environment.
8. The documents constituting the record of proceedings upon which this decision is based
are located in the City of Saratoga Public Works Department and are maintained by the
Director of that Department.
Pursuant to CEQA and CEQA Guidelines, the City Council finds on the basis of, and after
review of, the whole record before it (including the Initial Study, the Mitigated Negative
Declaration, any and all comments received, and in light of expert and other evidence
submitted), that there is no credible, substantial evidence that the Project may have a significant
effect on the environment as to any issue raised.
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ORDINANCE NO.
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR
22100 MT. EDEN ROAD (APN 503-09-005)
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
a. The City of Saratoga has received applications from the Couch 2010 Revocable Trust
(“Owner”) for Design Review approval PDR11-0010 and Conditional Use Permit
approval CUP11-0007 subject to conditions of approval for a new two-story home and
equestrian uses, including a request for a variation from standards for excess lot coverage
and floor area on the Property associated with the horse walker area, horse corral/riding
arena, and future buildings, hardscape, and landscape at 22100 Mt. Eden Road (APN 503-
09-005). The foregoing actions are described as the “Project.”
b. The Project property was previously developed with a single family dwelling, detached
garage, swimming pool, stable/barn, horse corral/riding arena, and horse walker area and
the owners have demolished the existing single family dwelling, swimming pool, and
stable/barn and will retain the existing detached garage, horse corral/riding arena, and
horse walker area;
c. Owner submitted an application for a subdivision of the Property into two lots with a
remainder parcel, but has agreed in exchange for a Development Agreement not to
subdivide the Property, and such agreement not to subdivide the property provides a
substantial benefit to the City of Saratoga and its citizens;
d. Owner has agreed to provide further benefit to the City of Saratoga by including a
Conservation Easement over approximately 4 acres of the steepest portion of the lot and
to dedicate trail easements for equestrian and pedestrian use;
e. Development of the Property in accordance with the terms of this Agreement will result
in rational comprehensive planning and foster predictability, certainty, economy and
efficiency in future land use planning;
f. The attached development agreement development agreement specifies the duration of the
agreement, the permitted uses of the property, the density or intensity of use, the
maximum height and size of proposed buildings, and provisions for reservation or
dedication of land for public purposes;
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g. The provisions of the development agreement are consistent with the General Plan in that,
for the reasons specified in the staff report, the project is consistent with Saratoga General
Plan Land Use Goal 13 which provides that the City shall use the Design Review process
to assure that the new construction and major additions thereto are compatible with the
site and the adjacent surroundings; Open Space Element Policy 11.a which provides that
the City shall ensure that projects are designed in a manner that minimizes disruption to
important wildlife, riparian and plant habitats; and Safety Element Site and Drainage
Policy 3 which provides that the City shall require that landscaping and site drainage
plans be submitted and approved during Design Review for a residence prior to issuance
of permits; and
h. This development agreement was considered by the Planning Commission at a duly noticed
public hearing on February 8, 2012 and by the City Council at a duly noticed public hearing
on March 21, 2012.
Section 2. Adoption.
a. The City Council hereby adopts the development agreement attached hereto as Exhibit 1.
b. In accordance with Government Code section 65865.1 the parties to the development
agreement shall review the Applicant’s compliance with the development agreement at least
every 12 months, at which time the Applicant, or successor in interest thereto, shall be
required to demonstrate good faith compliance with the terms of the agreement. If, as a result
of such periodic review, the City Council finds and determines, on the basis of substantial
evidence, that the Applicant or successor in interest thereto has not complied in good faith
with terms or conditions of the agreement, the City Council may terminate or modify the
agreement.
c. The structures and uses authorized by the “RESOLUTION OF THE CITY OF SARATOGA
CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING DESIGN REVIEW PDR11-0010, AND CONDITIONAL USE PERMIT
CUP11-0007 LOCATED AT 22100 MOUNT EDEN ROAD” adopted March 21, 2012, shall
for the term of the development agreement be subject only to the rules, regulations, and
official policies governing permitted uses of the land, governing density, and governing
design, improvement, and construction standards and specifications, in force at the effective
date of this ordinance. In subsequent actions applicable to other structures or uses of the
property the City may apply new rules, regulations, and policies and may deny or
conditionally approve any subsequent development project application on the basis of such
existing or new rules, regulations, and policies.
d. In the event that state or federal laws or regulations, enacted after a development agreement
has been entered into, prevent or preclude compliance with one or more provisions of the
development agreement, such provisions of the agreement shall be modified or suspended as
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may be necessary to comply with such state or federal laws or regulations.
Section 3. 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 4. Publication.
This ordinance shall be published once in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
[The Remainder of This Page is Intentionally Blank]
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The foregoing ordinance was introduced at the regular meeting of the City Council of the
City of Saratoga held on the 21st day of March, 2012, and was adopted by the following vote
following a second reading on the 4th of April, 2012:
AYES: __________________________________________
NOES: __________________________________________
ABSENT: ________________________________________
__________________________________________
Chuck Page
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
___________________________
Crystal Morrow
CITY CLERK
APPROVED AS TO FORM:
___________________________
Richard Taylor
CITY ATTORNEY
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Recording Requested By:
CITY OF SARATOGA
After Recordation Return To:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
______________________________________________________________________________
DEVELOPMENT AGREEMENT
FOR RECORDATION WITH THE RECORDER’S OFFICE
OF THE COUNTY OF SANTA CLARA
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THIS DEVELOPMENT AGREEMENT (Agreement) is made and entered into the date
last signed below, by and between the CITY OF SARATOGA (City), a municipal corporation of
the State of California, and the Couch 2010 Revocable Trust (Owner). The Agreement is made
operative and effective as of the date last signed below (“Effective Date”). The Owner and the
City are collectively referred to herein as the Parties.
RECITALS
A. WHEREAS, Owner is the owner of a certain real property (approximately 19.25 gross
acres) located in the City of Saratoga within the County of Santa Clara ("Property") described in
Exhibit A (Development Plans) and Exhibit A-1 (Development Proposal) and more particularly
delineated in Exhibit A-2 (Legal Description), attached hereto and incorporated herein by this
reference, as to which property Owner has applied to the City to obtain development approval;
B. WHEREAS, Government Code Sections 65864 through 65869.5 authorize the City to
enter into development agreements in connection with the permitted uses, and the density, and
intensity of such uses, of real property within its jurisdiction;
C. WHEREAS, “[T]he statement of legislative purpose in Section 65864 encourages the
creation of rights and obligations early in a project to promote public and private participation
during planning….” Santa Margarita Area Residents v. San Luis Obispo County (2000) 84
Cal.App.4th 221, 228;
D. WHEREAS, Government Code Section 65864 (c) has been held to support the concept
that “the scope of development agreements need not be limited to freezing land use rules… but
can include other promises between the municipality and the developer.” Mammoth Lakes Land
Acquisition v Town of Mammoth Lakes (2011) 191 Cal.App.4th 435, 444;
E. WHEREAS, the Property was previously developed with a single family dwelling,
detached garage, swimming pool, stable/barn, horse corral/riding arena, and horse walker area;
F. WHEREAS, Owner has demolished the existing single family dwelling, swimming pool,
and stable/barn;
G. WHEREAS, Owner will retain the existing detached garage, horse corral/riding arena,
and horse walker area;
H. WHEREAS, Owner submitted an application for a subdivision of the Property into two
lots with a remainder parcel, but has agreed in exchange for this Agreement not to subdivide the
Property, and such agreement not to subdivide the property provides a substantial benefit to the
City of Saratoga and its citizens;
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I. WHEREAS, Owner submitted a Design Review application for approval to construct a
new single family dwelling, attached garage, basement, secondary dwelling unit, and swimming
pool, located on the Property;
J. WHEREAS, Owner has also submitted a Conditional Use Permit application and request
for a Variation from Standards for excess lot coverage and floor area on the Property associated
with the horse walker area, horse corral/riding arena, and future buildings, hardscape, and
landscape;
K. WHEREAS, Owner will be required to obtain Design Review approval for the future
buildings, hardscape, and landscape;
L. WHEREAS, the driveway which provided access to both the main dwelling and
equestrian uses will not count towards lot coverage;
M. WHEREAS, the Property will be developed as delineated in the Development Plans
(Exhibit A) and Development Proposal (Exhibit A-1);
N. WHEREAS, Owner has agreed to include a Conservation Easement over 4.14 (gross)
acres of the steepest portion of the lot (Exhibit B);
O. WHEREAS, Owner has agreed to dedicate pedestrian and equestrian trail easements to
the City of Saratoga as depicted on the Trails Master Plan included in the Open Space
Conservation Element of the City of Saratoga General Plan and the Trail Easements Agreement
prepared by the City Engineer (Exhibit C);
P. WHEREAS, approval of the Development Proposal was materially based on the
Conservation Easement and Agreement not to subdivide the property such that the development
potential for development on the easement area and/or subdivided parcel was extinguished;
Q. WHEREAS, development of the Property in accordance with the terms of this Agreement
will result in rational comprehensive planning and foster predictability, certainty, economy and
efficiency in future land use planning;
R. WHEREAS, the purpose of this Agreement is to set forth the City's and Owner's
respective responsibilities and understandings in pursuing and achieving the Development
Proposal; hence, the Parties intend and agree that the Property be subject to the following
specified agreements and conditions; and,
S. WHEREAS, this Agreement is in conformity with the public convenience, general
welfare and good land use policies.
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing, the Parties hereby agree as
follows:
1. Subdivision
2.
. Upon approval of the development proposal, Owner agrees that the entire 19.34
acre Property will consist of one legal parcel, and that no additional, separate legal parcels
may be recognized by a certificate of compliance pursuant to California Government Code
Section 66499.35 based on previous patent or deed conveyances, subdivisions or surveys.
Owner will not apply for or otherwise seek recognition of additional legal parcels within the
Property based on certificates of compliance or any other authority other than provided for
herein. The term subdivision shall include, but not be limited to, the creation of a life or
future estate in a portion of the Property, the conveyance of a portion of the Property for any
purpose (including acquisition of all or any portion thereof by a public entity, other than
property interests already owned or required to be dedicated by the City), or any subdivision
as defined by the Subdivision Map Act, California Government Code Section 66000 et seq.
Any land transferred by lot line adjustment shall remain subject to the terms of this
Agreement, and shall not carry with it any rights to development density. Any subdivision,
lot line adjustment or other division of the Property, other than provided for herein, are
strictly prohibited by this Agreement. Owner understands that by agreeing to the terms of
this Agreement, the City of Saratoga may deny approval of any subdivision or lot line
adjustment, including a tentative map or a parcel map for which a tentative map was not
required.
Application and Approval for Development Proposal.
a. Conditional Use Permit and Variation from Standards. Owner shall obtain City
approval for a Conditional Use Permit and a Variation of Standards as to lot coverage and floor
area for the equestrian uses as they relate to the entire Development Proposal to be located on the
Property;
The Owner has formally submitted to
the City Development Plans (Exhibit A) and a Development Proposal (Exhibit A-1) and is
incorporated herein by this reference, which included the following essential elements:
b. Design Review/Building Permit: Owner shall be required to obtain a Design
Review Approval for the development proposal and a Building Permit(s) as required by the City
Code for implementation of the project once approved;
c. Deed Restriction Recordation. Owner shall record this Agreement in the Official
Records of the County of Santa Clara, California and Owner shall provide an endorsed copy of
this instrument to the City of Saratoga prior to issuance of building permits for the project
referenced in RECITAL A above. The City may re-record this Agreement whenever re-
recording is determined by the City as necessary or convenient to preserve City’s rights in this
Agreement. The terms and conditions of the agreement shall run with the land which is to be
developed and shall be binding upon the successor in interest of the applicant.
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d. Owner shall record the Conservation Easement that Owner has offered to dedicate
in the Official Records of the County of Santa Clara, California and Owner shall provide an
endorsed copy of that instrument to the City of Saratoga prior to issuance of zoning clearance for
any building permit for the project referenced in RECITAL A above.
e. Owner shall record the offers of dedication of the trail easements referenced in
the conditions of approval in the Official Records of the County of Santa Clara, California and
Owner shall provide an endorsed copy of that instrument to the City of Saratoga prior to issuance
of zoning clearance for any building permit for the project referenced in RECITAL A above.
The permitted uses of the property, the density or intensity of use, the maximum height and size
of proposed buildings, and provisions for reservation or dedication of land for public purposes
are specified in Exhibit A-1.
3. Process. The City staff and Planning Commission reviewed the Development Proposal
submitted under Paragraph 2 above at its regular meeting on February 8, 2012, and made
recommendations to the City Council which approved the Agreement (including but not limited
to the Development Proposal) at its regular meeting on March 21, 2012.
4. Term. This Agreement shall be dated, the rights, duties and obligations of the Parties
hereunder shall be effective, and the Term shall commence, as of the Effective Date. This
Agreement shall remain effective until such time as the Parties agree the Development Proposal
does not require any variation from standards to comply with the City Code in effect at the time
of execution of this Agreement.
5. Legal Action. Any party may, in addition to any other rights or remedies herein
provided, institute legal action to cure, correct, or remedy any default, enforce any covenant or
agreement herein, enjoin any threatened or attempted violation hereof, enforce by specific
performance the obligations and rights of the Parties hereto or obtain any other remedy
consistent with this Agreement. In no event shall any party be entitled hereunder to monetary
damages for any action or inaction of another party hereunder, including breach of contract.
Nothing in this Section shall be deemed to limit any party's rights under the Tort Claims Act or
the City's right to collect fees allowable and otherwise due and payable or to impose penalties for
violations of City Plans, Ordinances or Regulations.
6. Attorneys Fees and Costs. If legal action by any party is brought because of a breach of
this Agreement, or to enforce a provision of this Agreement, each party shall bear their own
attorneys fees and costs.
7. Controlling Law. This Agreement shall be construed and enforced in accord with the
laws of the State of California.
8. No Joint Venture or Partnership. The Parties hereby renounce the existence of any form
of joint venture or partnership between any or all of the Parties and agree that nothing contained
herein or in any document executed in connection herewith shall be construed as making any or
all of the Parties joint venturers or partners. Further, the Owner is not an agent of the City.
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9. Agreement By Owner to Indemnify, Hold Harmless and Defend City as to Action(s)
Challenging Approval of this Agreement and All City Actions Processed Prior To Or
Concurrently With The Agreement and as to Damage From Performance of Work
Authorized by Any Of Such Actions. Other than legal proceedings caused by acts or omissions
of the City that constitute an Event of Default by the City under this Agreement, Owner (or
Owner's successor(s) performing work described in Subsection b. below) hereby agrees to
defend, indemnify and hold the City and its officers, officials, boards, commissions, employees,
agents and volunteers (collectively "City") harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any
action by City concerning this Agreement, or any of the proceedings, acts or
determinations taken, done or made prior to or concurrently with this Agreement;
b. any losses arising out of or in connection with, or caused on account of, (i) any
City Approval with respect to Owners’ Property, and (ii) any litigation or other
proceeding challenging or involving any City approval (any permit or other approval
required by the City), or CEQA compliance, or conformance with, or implementation of
any of the foregoing; and
c. any and all claims, demands, actions, expenses or liabilities arising from or in any
manner relating to the performance of the construction, installation, alteration or grading
work by the Owner, or by Owner's successor(s), or by any person acting on their behalf,
authorized by any City action described in subparagraph 9.a. above.
Owner's obligations under subparagraph 9 above shall prevail over any other provision in
this Agreement.
10. Cooperation in the Event of Legal Challenge. In the event of any administrative, legal or
equitable action or other proceeding instituted by a third party, governmental agency or official
challenging the validity of any provision of this Agreement or the proceedings described herein,
the Parties shall cooperate in defending the action or proceeding.
11. Notices. All notices or communications required hereunder between the Parties shall be
in writing and may be given either personally, by overnight carrier, or by first class mail,
addressed to the party intended to be notified. The notice shall be deemed to have been given and
received on the date delivered in person, or the date of delivery receipt from the overnight
carrier, or five days after deposit with the United States Post Office. Any Party hereto, by giving
ten (10) days written notice to the other, may designate any other address as substitution of the
address to which the notice or communication shall be given. Notices or communications shall
be given to the Parties at the addresses set forth below until duly changed as set forth above.
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
John and Tara Couch/Owner
15001 Montalvo Road
Saratoga, CA 95070
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Copy to:
Richard S. Taylor
City Attorney, City of Saratoga
Shute Mihaly & Weinberger LLP 396 Hayes Street
San Francisco, CA 94102
12. Miscellaneous.
a. Successor and Assigns. The covenants, terms, conditions and restrictions of this
Agreement shall apply to, bind and inure to the benefit of successors in interest of the Parties
hereto, including heirs, assigns, representatives, executors, administrators and all other parties,
whether they succeed by operation of law or voluntary acts of the City or Owner. All such
successors in interest shall be bound to every provision in this Agreement, whether or not this
Agreement is referred to in the instrument by which such successors in interest acquire an
interest in Owner's Properties or any thereof.
b. Construction of Agreement... All of the provisions of this Agreement have been
negotiated at arms-length between the parties and after advice by counsel and/or other
representatives chosen by each party, and the parties are fully informed with respect thereto.
Therefore, this Agreement shall not be construed for or against either party by reason of the
authorship or alleged authorship of any provisions hereof, or by reason of the status of either
party.
c. Amendment of Agreement. This Agreement may be amended, but only in writing
by mutual agreement of the original Parties or their successors in interest.
d. Severability. If any term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall continue in full force and effect, unless the provision held
invalid forms a material consideration of this Agreement.
e. Change in Law. If a subsequent change occurs in federal or state laws or
regulations which precludes compliance with a provision of this Agreement, that provision shall
be modified or suspended only to the extent necessary to comply with the federal or state law or
regulation.
f. Enforceability. Unless this Agreement is amended or terminated pursuant to the
provisions of this Agreement, this Agreement shall be enforceable by any party hereto
notwithstanding any change hereinafter enacted or adopted in any applicable General Plan or
Specific Plan, zoning ordinance, subdivision ordinance or any other land use or building
ordinance.
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g. Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, irrespective of the length of time for which such
failure continues, shall not constitute a waiver of such party's right to demand strict compliance
by such other party in the future. No waiver by a party of an event of default shall be effective or
binding upon such party unless made in writing by such party and no such waiver shall be
implied from any omission by a party to take any action with respect to such event of default.
h. Entire Agreement. This Agreement, and the conditions referred to herein, and the
exhibits attached hereto, constitute the entire understanding and agreement of the parties and
supersedes all negotiation(s) or previous agreement(s) of the parties with respect to all or part of
the subject matter hereof. No alteration or variation of this instrument shall be valid or binding
unless contained in a duly executed written amendment to this Agreement.
i. Captions. The captions in this Agreement have been inserted solely for
convenience or reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their
respective representatives as follows:
CITY OF SARATOGA, CALIFORNIA
a Municipal Corporation
By:_____________________________
Dave Anderson, City Manager
Approved as to Form:
___________________________
Richard Taylor, City Attorney
ATTEST:
_____________________
Crystal Morrow, City Clerk
By:__________________________
John Couch, Couch 2010 Revocable Trust
By:__________________________
Tara Couch, Couch 2010 Revocable Trust
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ACKNOWLEDGMENT
State of California
County of ______________ } ss.
On ___________________, before me, _____________________________Notary Public,
personally appeared ________________________ who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________
Signature
ACKNOWLEDGMENT
State of California
County of ______________ } ss.
On ___________________, before me, _____________________________Notary Public,
personally appeared ________________________ who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________
Signature
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Exhibit A-1
Development Proposal
Couch 2010 Revocable Trust (Owner) hereby apply for the listed items and incorporate by
reference the materials in the City file for the following applications, subsequent, and subject, to
approval of a Development Agreement, Conservation Easement, and Trails Easement:
PDR 11-0010: Design Review/Building Permit: The Owner has submitted an Application for
Design Review Approval for a new 6,072 square foot single family dwelling and attached
garage, basement, 876 square foot secondary dwelling unit, and swimming pool. The existing
1,620 square foot detached garage will remain. Maximum allowable floor area and lot coverage
is being based on what would have been allowed under a two-lot subdivision. The maximum
allowable floor area under the development agreement is 13,970 square feet. The maximum
allowable lot coverage under the development agreement is 42,019 square feet. The total lot
coverage does not include the access driveway leading up to the residence and equestrian uses,
because an access easement would not have counted towards lot coverage in a subdivision
application.
CUP 11-0007: Conditional Use Permit and Variation from Standards. The Owner has
submitted an Application for a Conditional Use Permit for the equestrian uses including a future
stable and related accessory structures (maximum 5,402 square feet of total floor area), outdoor
kitchen, and driveway. A Variation from Standards is requested for site coverage for the
aforementioned improvements. Design Review approval will be required for the future barn and
accessory structures.
GEO11-0001: Geotechnical Clearance. The Owner has received geotechnical clearance for all
geotechnical aspects of the project building and grading plans (i.e., site preparation and grading,
site drainage improvements and design parameters for foundations, retaining walls and
driveway). Geotechnical conditions have been included in the Resolution of Approval.
ARB10-0052: Arborist Clearance. The Owner has received Arborist clearance for removal of,
pruning of, and/or encroachment upon protected trees. The applicant shall obtain additional
clearance in the event of any change or modification to the development plans/proposal which
results in removal of or an increase in pruning of or encroachment upon any protected tree.
Arborist conditions have been included in the Resolution of Approval.
Environmental Review: Mitigated Negative Declaration: The project has been the subject of a
Mitigated Negative Declaration (“MND”) under the California Environmental Quality Act
(CEQA) pursuant Section 15070 and following of Title 14, Division 6, Chapter 3 (“CEQA
Guidelines”). This MND is based on an Initial Study which identifies potentially significant
effects, but: (1) Revisions in the project plans or proposals made by or agreed to by the applicant
would avoid the effects or mitigate the effects to a point where clearly no significant effects
would occur, and (2) There is no substantial evidence, in light of the whole record before the
City of Saratoga, that the project as revised may have a significant effect on the environment.
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RECORDING WITHOUT FEE
UNDER SECTION 6103
CALIFORNIA GOVERNMENT CODE
When Recorded Return to:
City of Saratoga
c/o City Clerk
City Hall
13777 Fruitvale Avenue
Saratoga, CA 95070
GRANT DEED OF CONSERVATION EASEMENT
RECITALS
WHEREAS, THE COUCH 2010 REVOCABLE TRUST (hereinafter "Grantor") is the owner of
certain real property consisting of 19.25 gross acres and located at 22100 Mt. Eden Road,
Saratoga, California, approximately one-half mile northeast of Pierce Road and also known as
Assessor’s Parcel No. 503-09-005 (“Property”);
WHEREAS, Grantor proposes to develop the Property and in order to proceed in the manner
most consistent with the City General Plan and the Hillside Specific Plan, the Grantor is
including as a part of the Development Proposal a conservation easement over 4.14 gross acres
of the steepest portion of the lot (Exhibit B). The Plat of the Easement Area is attached hereto as
Exhibit B1. The legal description of the Easement Area is attached hereto as Exhibit B2;
WHEREAS, THE CITY OF SARATOGA, hereinafter called “City” or “Grantee,” is a city
organized under the laws of the State of California and duly authorized to acquire and hold title
to real property including conservation easements;
WHEREAS, the Easement Area possesses natural, scenic and open space, values of importance
to Grantor, the people of City of Saratoga and the people of the State of California; and
WHEREAS, Grantor desires to deed to Grantee and Grantee desires to receive a conservation
easement over the Easement Area to preserve and protect in perpetuity the natural, scenic and
open space values of the Easement Area, subject to the restrictions contained herein.
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GRANT OF EASEMENT
NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms,
conditions, and restrictions contained herein, and pursuant to the laws of California, including
but not limited to Sections 815 through 816 of the California Civil Code, Grantor hereby grants
to Grantee a conservation easement in perpetuity over the Easement Area, subject to the
following terms and conditions:
1. Purpose
2.
. The purpose of this Easement is to assure that the Easement Area will be
retained in perpetuity in its natural, scenic and open space condition, to prevent any use
of the Easement Area that will significantly impair or interfere with its natural, scenic and
open space values, and to assure that Grantor’s responsibilities for continued maintenance
as natural, scenic open space remain in effect in perpetuity. Accordingly, this Easement
restricts the use of the Easement Area to activities involving enjoyment of views, open
space, natural habitat and environmental protection, restoration, fire safety and
prevention (including weed abatement) and related uses which are consistent with this
Easement.
Rights of Grantee
2.1 To preserve and protect the natural, scenic and open space values of the Easement
Area.
. To accomplish the purposes of this Easement, Grantor conveys to
Grantee the right:
2.2 To enter upon the Easement Area at reasonable times in order to monitor
Grantor's compliance with the terms of this Easement and to enforce such terms
provided that such entry shall be upon reasonable prior notice to Grantor or its
successors in interest of the Easement Area.
2.3 To enter upon the Easement Area at any time in order to monitor potential
violation of compliance with the terms of this Easement and to enforce such
terms.
2.4 Pursuant to Section 5 hereof ("Disputes and Remedies"), to prevent any activity
on or use of the Easement Area which is inconsistent with the purposes of this
Easement and to require the restoration of such areas or features of the Easement
Area that may be damaged by any inconsistent activity or use.
3. Prohibited Uses
3.1
. Any activity on or use of the Easement Area which is inconsistent with
the purposes of this Easement is prohibited. Without limiting the generality of the
foregoing, the following activities and uses are expressly prohibited:
Subdivision. The legal or de facto subdivision of the Easement Area for any
purposes or inclusion of the Easement Area in any proceeding involving a Lot
Line Adjustment. Provided, however, that lot line adjustments affecting less than
an aggregate of one hundred square feet of the Easement Area in any five year
period are allowed and larger adjustments may be allowed subject to the prior
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written approval of Grantee. Any land transferred by lot line adjustment shall
remain subject to the terms of this Easement, and shall not carry with it any rights
to development density. The term subdivision shall include, but not be limited to,
the creation of a life or future estate in a portion of the Easement Area, the
conveyance of a portion of the Easement Area for any purpose (including
acquisition of all or any portion thereof by a public entity), or any subdivision as
defined by the Subdivision Map Act, California Government Code Section 66000
et seq.
3.2 Transfer of Density Rights or Mitigation for Other Development
3.3
. The transfer or
other use of development rights within the Easement Area for any purpose,
including but not limited to density rights or mitigation for other development.
Residential Development
3.4
. Any residential development, use of, or activity on the
Easement Area.
Commercial or Industrial Use
3.5
. Any commercial or industrial development, use
of, or activity on the Easement Area.
Building
3.6
. The placement or construction of any buildings, structures or other
improvements of any kind on the Easement Area (including without limitation,
fences, roads, signs and parking lots).
New Utilities
3.7
. The installation of new utility systems or extensions of existing
utility systems, including, without limitation, water, sewer, power, fuel, and
communication lines and related facilities.
Mineral Rights
3.8
. The exploration for, or development and extraction of minerals
and hydrocarbons by any mining method.
Tree Cutting.
3.9
The cutting down, or other removal of live trees, except when
required for safety or fire protection and subject to obtaining all required permits
and the prior written approval of Grantee, which approval shall not be
unreasonably withheld.
Soil Erosion or Degradation
3.10
. Any use or activity which causes, or is likely to
cause, significant soil degradation or erosion or significant pollution of any
surface or subsurface waters, except when required for fire safety (including but
not limited to fire prevention or protection).
Excavation
3.11
. Alteration of land forms by grading or excavation of topsoil, earth,
or rock is prohibited, except when required for fire safety (including but not
limited to fire prevention or protection).
Archeological Resources. The excavation, removal, destruction, or sale of any
archeological artifacts or remains found on the Easement Area, except as part of
an archeological investigation approved by Grantee. All excavation plans shall be
reviewed by an archeologist prior to the start of, and during, the excavation.
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3.12 Scenic and Natural Character
3.13
. Activities such as clearing, stripping of native
vegetation, grading, or storage of materials that would clearly degrade the scenic
and natural character of the Easement Area, except when required for fire safety
(including but not limited to fire prevention or protection).
Dumping
3.14
. The dumping or other disposal of wastes, refuse, or debris on the
Easement Area.
Grazing
3.15
. The grazing of livestock.
Off-Road Vehicles
3.16
. Use of off-road or all-terrain vehicles or motorcycles.
Hunting or Shooting
3.17
. Hunting or trapping of wildlife, or the shooting of guns.
Noise Limits
3.18
. Activities (including but not limited to concerts or weddings)
which produce noise levels in excess of ambient noise standards set forth for
public park purposes in Section 7-30.040 and general noise restrictions as set
forth in Section 7-30.050 of the Saratoga City Code. Maintenance equipment
such as mowers, tractors, chainsaws and weed-whackers are specifically excluded
from this provision.
Junk Yards
3.19
. Storage or disassembly of inoperable automobiles and trucks for
purposes of sale or rental of space for that purpose.
Conveyance of Rights to Prohibited Uses.
3.20
Conveyance in any manner to any
person or other legal entity of the rights to any use prohibited by this Easement.
Mortgage only with approval
4.
. The Easement Area (including any portion of it or
interest in it) may not be used as security for any debt without written approval of
Grantee.
Permitted Uses
4.1 To take reasonable measures necessary and appropriate for fire safety and erosion
control as approved by the County of Santa Clara Fire Marshal and/or the City, as
applicable.
. The Grantor may use the Easement Area for any purpose not prohibited
by Section 3 and which is consistent with the purpose of this Easement. The following
uses and practices, though not an exhaustive recital of consistent uses, are consistent with
the purpose and intent of this Easement and are not precluded by it:
4.2 To take reasonable measures necessary and appropriate for weed abatement to the
standard required by the Saratoga City Code and the County of Santa Clara Fire
Marshal.
4.3 To remove exotic non-native invasive vegetation and restore the area with native
vegetation.
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5. Disputes and Remedies
5.1
. If Grantee determines that Grantor, or Grantor's successors in
interest, or any person or entity present on the Easement Area is conducting or allowing a
use, activity, or condition on the Easement Area which is prohibited by the terms of this
Easement, or that a violation is threatened, the Grantee making such determination shall
give written notice to Grantor as described in this section.
Consultations Regarding Interpretation and Enforcement of Easement
5.2
. When
any disagreement, conflict, need for interpretation, or need for enforcement arises
between the parties to this Easement, each party shall first consult with the other
party in good faith about the issue and attempt to resolve the issue without
resorting to legal action.
Notice of Violation; Corrective Action
If Grantee disagrees with Grantor as to whether an alleged action of the Grantor is
a violation of the terms of the Easement, Grantee shall issue a Notice of Entry into
Mediation (“Meet and Confer Notice”) to Grantor. The Meet and Confer Notice
shall be issued not more than thirty (30) days after the dispute becomes apparent,
and Grantee shall enter into mediation not more than thirty (30) days after issuing
the Meet and Confer Notice. Upon receipt of the Meet and Confer Notice,
Grantor shall take reasonable measures to suspend the activity that is the subject
of the notice until an agreement is reached between Grantor and Grantee(s). Any
agreement shall be in writing and signed by all the parties to this Easement.
. If Grantee determines that a violation of
the terms of this Easement has occurred or is threatened, the Grantee(s) making
such determination shall give written notice to Grantor of such violation and
request corrective action sufficient to cure the violation and, where the violation
involves injury to the Easement Area resulting from any use or activity
inconsistent with the purpose of this Easement, to request restoration of the
portion of the Easement Area so injured to its prior condition. Such written notice
is not required in the event of any actual or imminent physical harm to the
Easement Area, including the conservation purposes of this Easement.
5.3 Injunctive Relief
5.4
. If Grantor fails to cure the violation within thirty (30) days
after receipt of notice thereof from Grantee, or under circumstances where the
violation cannot reasonably be cured within a thirty (30) day period, fails to begin
curing such violation within the thirty (30) day period, or fail to continue
diligently to cure such violation until finally cured, Grantee having given notice
of violation may bring an action at law or in equity in a court of competent
jurisdiction which seeks to enforce the terms of this Easement, to enjoin the
violation, by temporary or permanent injunction, and seek to require the
restoration of the Easement Area to the condition that existed prior to any such
injury.
Forbearance. Enforcement of the terms of this Easement shall be at the discretion
of the Grantee, and any forbearance by Grantee to exercise its rights under this
Easement in the event of any breach of any term of this Easement by Grantor
shall not be deemed or construed to be a waiver by Grantee of such term or of any
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subsequent breach of the same or any other term of this Easement or of any of
Grantee’s rights under this Easement. No delay or omission by any Grantee in
the exercise of any right or remedy upon any breach by Grantor shall impair such
right or remedy or be construed as a waiver.
5.5 Acts Beyond the Grantor's Control
5.6
. Nothing contained in this Easement shall be
construed to entitle Grantee to bring any action against Grantor for any injury to
or change in the Easement Area resulting from causes not involving any
affirmative acts or omissions by Grantor, or causes beyond Grantor's control,
including without limitation, trespassers, fire, flood, storm, and earth movement,
or from any prudent action taken by Grantor under emergency conditions to
prevent, abate, of mitigate significant injury to the Easement Area resulting from
such causes.
Enforcement, Remedies, Attorneys' Fees and Cost of Litigation
6.
. Enforcement of
this Conservation Easement and remedies for its violation shall be governed by
Civil Code Section 815.7(d) and other applicable law, and a court may award to
the prevailing party in any action authorized by Section 815.7 the costs of
litigation, including reasonable attorney's fees.
Access
7.
. No right of access by the general public or to any third parties to any portion of
the Easement Area is conveyed or granted by this Easement.
Costs and Responsibilities
8.
. Grantor and Grantor’s successors in interest shall have the
sole responsibility for the ownership, liability, operation, upkeep, and maintenance of the
Easement Area. Grantor shall be responsible for, indemnify, and save harmless Grantee,
their officers, agents, and employees from any and all liabilities, claims, demands,
damages, or costs resulting from, growing out of, or in any way connected with or
incident to this Easement, except for active negligence of Grantee or its officers, agents,
or employees. The duty of Grantor to indemnify and save harmless includes the duty to
defend as set forth in Civil Code Section 2778. Grantor waives any and all rights to any
type of express or implied indemnity or right of contribution from any Grantee or its
officers, agents or employees, from any liability resulting from, growing out of, or in any
way connected with or incident to this Easement.
Taxes. Grantor shall pay before delinquency any and all taxes, assessments, fees and
charges levied on or assessed against the Easement Area by competent authority
(collectively “taxes”) including any taxes imposed upon or incurred as a result of, this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
If Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays
levies on Grantor’s interest in order to protect Grantee’s interests in the Property, the
Grantor shall reimburse the Grantee for the same. It is intended that this Easement
constitutes an enforceable restriction within the meaning of Article XIII Section 8 of the
California Constitution and that this Easement qualify as an enforceable restriction under
the provisions of California Revenue and Taxation Code Section 402.1.
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9. Subsequent Conveyance of the Easement Area
10.
. Grantor shall incorporate by reference
hereto the terms of this Easement in any deed or other legal instrument by which Grantor
divests itself of any interest in all or a portion of the Easement Area, including, without
limitation, a leasehold interest. Concurrent with the full execution of this Easement,
Grantor shall hereby grant Grantee a right of first refusal to purchase the Easement Area
or portion thereof and, pursuant to such grant, shall give written notice to Grantee of the
transfer of any interest in the Easement Area at least 60 days prior to the date of such
proposed transfer. If Grantee does not elect to exercise the right of first refusal, any
proposed transfer of any interest in the Easement Area must be approved by Grantee and
may be subject to reimbursement to City for any contributions made toward Easement
Area improvements. Such reimbursements shall be made in a manner to be agreed upon
between Grantor and Grantee prior to such proposed transfer. Grantor shall deliver a
complete copy of this Easement to its transferee prior to any such transfer. The failure of
Grantor to perform any act required by this paragraph shall not impair the validity of this
Easement or limit its enforceability in any way.
Notices
. Any notice, demand, request, consent, approval, or communication that either
party desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantor: Couch The Couch 2010 Revocable Trust
John & Tara Couch, Trustees
15001 Montalvo Road
Saratoga CA 95070
408-605-9500 (cell)
To Grantee: City City Clerk, City of Saratoga
17300 Fruitvale Avenue
Saratoga, CA 95070
Phone: 408.868.1269
or to such other address as either party from time to time shall designate by written notice to the
other.
11. Recordation
12.
. This instrument shall be recorded by Grantor in the Official Records of the
County of Santa Clara, California and Grantor shall provide an endorsed copy of this
instrument to Grantee. Grantee may re-record this Easement whenever re-recording is
determined by Grantee as necessary or convenient to preserve Grantee’s rights in this
Easement.
General Provisions
12.1
.
Controlling Law. The interpretation and performance of this Easement shall be
governed by the laws of the State of California.
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12.2 Liberal Construction
12.3
. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of Grantee to
affect the purpose of this Easement. If any provision in this instrument is found to
be ambiguous, an interpretation consistent with the purpose of this Easement that
would render the provision valid shall be favored over any interpretation that
would render it invalid. This instrument shall be construed in accordance with its
fair meaning, and it shall not be construed against either party on the basis that
such party prepared this instrument.
Severability
12.4
. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of
this Easement, or the application of such provision to persons or circumstances
other than those as to which it is found to be invalid, as the case may be, shall not
be affected thereby, so long as the purposes of this Easement can still be carried
out.
No Third-Party Rights
12.5
. This instrument is made and entered into for the sole
benefit and protection of Grantor and Grantee and their respective heirs, grantees,
successors, and assigns. No person or entity other than the parties hereto and their
respective heirs, grantees, successors, and assigns shall have any right of action
under this Easement or any right to enforce the terms and provisions hereof.
No Forfeiture
12.6
. Nothing contained herein is intended to result in a forfeiture or
reversion of Grantor's fee title in any respect. Grantor specifically reserves the
right to convey fee title to the Easement Area subject to this Easement.
Successors
12.7
. The covenants, terms, conditions, and restrictions of this Easement
shall run with the land and shall be binding upon, and inure to the benefit of, the
parties hereto and their respective heirs, grantees, successors, and assigns, and
shall continue as a servitude running in perpetuity with the land in the Easement
Area.
Captions
12.8
. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no
effect upon construction or interpretation.
Consent not to be Unreasonably Withheld
. In the event Grantor, as required by
the terms hereof, seeks consent of Grantee, Grantee agrees in all such
circumstances not to unreasonably withhold consent, regardless whether the
paragraph hereunder requiring Grantee’s consent so provides.
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IN WITNESS WHEREOF, Owner has duly executed this Grant of Easement as of the day and year
stated below.
Grantor
The Couch 2010 Revocable Trust
______________________/Date ________
John Couch, Trustee
______________________/Date ________
Tara Crouch, Trustee
Exhibits
B1 – Plat Map
B2 – Legal Description
(All signatures must be acknowledged before a Notary Public – attach either corporate, individual or
partnership notary form.)
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ACKNOWLEDGMENT
State of California
County of
On , 2012 before me, , notary public,
personally appeared John Couch and Tara Couch who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my official seal.
SIGNATURE OF NOTARY
191
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the interest in real Easement Area conveyed by the foregoing GRANT DEED
OF EASEMENT AREA, dated ___________________ from JOHN COUCH and TARA COUCH to the
City of Saratoga is accepted by the undersigned officer on behalf of the City Council of the City of
Saratoga as authorized by the resolution adopted _______________, and the Grantee consents to the
recording of the Grant Deed by the County's duly authorized officer.
I have executed this certificate of acceptance on ________________________.
By_______________________________
Dave Anderson, City Manager
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Richard Taylor,
City Attorney
==============================================================
State of California )
County of Santa Clara ) ss.
On __________________, 2012, before me, ___________________________________ a Notary Public in and for
said State, personally appeared Dave Anderson who proved to me on the basis of satisfactory evidence to be the
person whose name is subscribed to this instrument, and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
______________________________________________
Notary Public
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EXHIBIT “B-2”
LEGAL DESCRIPTION
LANDS TO BE CONVEYED FOR
CONSERVATION EASEMENT PURPOSES
Being a portion of the parcel described in the Grant Deed from Virgil L. Hall and Theresa A.
Hall, trustee of the Hall 2005 Living Trust to John Couch and Tara Couch as Trustees of The
Couch 2010 Revocable Trust, recorded August 11, 2010 as Document No. 20812260, Santa
Clara County Official Records; situate in the City of Saratoga, County of Santa Clara, State
of California, more particularly described as follows:
COMMENCING at the 2.5” brass disk in a monument well located at the intersection of
the centerline of Mt. Eden Road (40 feet wide) and the general easterly line of said parcel as
shown on that certain Record of Survey, filed for record on November 23, 1992, in Book 642
of Maps, Page 13, Santa Clara County Records; thence along the general easterly line of said
parcel, the following three (3) courses and distances: (1) North 35°30’10” West, 51.70 feet,
(2) South 68º35’57” West, 84.10 feet and (3) North 30º36’10” West, 164.95 feet to the
northerly line of said parcel; thence along said northerly line, the following seven (7) courses
and distances: (1) North 79°45’16” West, 140.34 feet, (2) North 87°22’16” West, 248.82
feet, (3) South 56º32’44” West, 125.40 feet, (4) South 66º29’44” West, 148.50 feet, (5)
South 79º29’44” West, 97.68 feet, (6) North 89º30’16” West, 92.40 feet, and (7) South
83º14’44” West, 116.16 feet to the TRUE POINT OF BEGINNING; thence continuing
along said northerly line the following eleven (11) courses and distances: (1) North
43°30’16” West, 99.00 feet, (2) North 87°30’16” West, 66.00 feet, (3) South 85°59’44”
West, 154.44 feet, (4) North 52°30’16” West, 42.24 feet, (5) North 83°30’16” West, 112.86
feet, (6) North 84°30’16” West, 83.82 feet, (7) North 79°30’16” West, 112.20 feet, (8) North
85°15’16” West, 83.16 feet, (9) North 57°30’16” West, 62.04 feet, (10) North 69°52’23”
West, 146.11 feet, and (11) South 72°31’15” West, 17.82 feet to the general southerly line
said parcel; thence along said general southerly line the following fourteen (14) courses and
distances: (1) South 63°22’51” East, 87.24 feet, (2) South 57°42’51” East, 68.87 feet, (3)
South 43°37’51” East, 83.96 feet, (4) South 59°12’51” East, 68.87 feet, (5) South 28°42’51”
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East, 79.37 feet, (6) North 82°27’09” East, 81.34 feet, (7) South 59°02’51” East, 140.37 feet,
(8) South 27°47’51” East, 37.39 feet, (9) South 06°37’09” West, 51.82 feet, (10) South
26°42’51” East, 117.41 feet, (11) North 83°37’09” East, 65.59 feet, (12) North 80°27’09”
East, 127.25 feet, (13) South 73°32°51 East, 78.06 feet, and (14) South 35°22°51 East, 78.71
feet; thence leaving said general southerly line, North 08°21°35 East, 337.95 feet to the
TRUE POINT OF BEGINNING.
Containing 180,547 square feet, 4.14 acres, more or less.
Exhibit “B-1” attached and by this reference made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
______________________ _______________________
Date Julia MacRory
L.S. No. 7871
Expiration Date: 12-31-2012
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RECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
OFFER TO DEDICATE TRAIL EASEMENT
BACKGROUND
A. Property
The undersigned owner (“Owner”) warrants and represents that it is the sole owner in fee
simple of the property identified below and more fully described in Exhibits “A” and “A-
1” (the “Property”) generally located at 22100 Mt. Eden Road in the City of Saratoga, the
County of Santa Clara, in the State of California. The Property is also referenced as
Assessor’s Parcel Number 503-09-005.
B. Easement Area
The portion of the Property that is subject to this Offer of Dedication (“Offer”) is shown
on the Plat attached as Exhibit “C1” and Legal Description attached as Exhibit “C2”.
C. Purpose
The purpose of this Offer is to offer to dedicate over the Easement Area to the City of
Saratoga (1) a non-exclusive, public, pedestrian and equestrian trail easement upon,
under, over, and across the Easement Area to make the Easement Area a part of City’s
public trail system connected to the County public trails system and (2) the right of entry
described below.
D. Consideration
The undersigned Owner or Owners acknowledge receipt of consideration of the grant of
easement from the City of Saratoga.
1. OFFER OF DEDICATION.
Owner, for itself, its heirs, successors and assigns, hereby grants and conveys this
offer to grant and convey to the City of Saratoga (“City”) consistent with the conditions,
rights, and obligations set forth below, the easements over the Easement Area described
in section 3, below.
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2. OFFER BINDING ON SUCCESSORS IN INTEREST.
This Offer affects the title or possession of the Property. All the terms, covenants
and conditions of this Offer and of the easements when this Offer is accepted shall be
binding upon and inure to the benefit of the Property and shall continue as a servitude
running in perpetuity. The terms “Owner” and “City,” wherever used herein, and any
pronouns used in place thereof, shall include, respectively, the above-named Owner and
City’s successors and assigns.
3. PUBLIC ACCESS EASEMENT AND RIGHT OF ENTRY.
Upon acceptance of this Offer Owner grants and conveys the following easements
with respect to the Easement Area:
A. A non-exclusive, public, pedestrian and equestrian trail easement upon,
under, over, and across the Easement Area to make the Easement Area a part of City’s
public trail system connected to the County public trails system; and
B. A right of entry by the City of Saratoga, its employees, agents, contractors,
successors, and assigns to construct and maintain the trail and otherwise address matters
of public health, safety, and welfare.
The parties agree that these easements are “public easements” granted to a “public entity”
within the meaning of California Government Code §831.4, and will be used for
“recreational purposes” within the meaning of California Civil Code §846.
4. CONDITION OF EASEMENT AREA.
The Easement Area is to be kept open and free from any modifications or
improvements or uses that would interfere with the uses contemplated by this Easement.
Improvements built by City pursuant to this agreement shall be maintained by City. Any
improvements built by Owner shall be maintained by Owner.
5. CITY OBLIGATIONS.
The trail shall be maintained by City and City shall install signage it determines is
reasonably necessary to discourage public access to portions of the Property not included
in the Easement Area. City shall have the right to temporarily close the trail at any time
that City determines that the closure is warranted in order to protect health or safety of
the public or residents or animals on the Property including, but not limited to, at times of
high fire danger, closures of connecting trails, or risk of landslide.
6. WARRANTY.
Owner warrants to City that:
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A. The Easement Area is, as of the date this Offer is executed by Owner, free
and clear of all liens or, if it is not, that Owner has obtained and attached to this Offer as
an exhibit the legally binding subordination of any mortgage, lien, or other encumbrance
affecting the Easement Area as of the Agreement Date.
B. No one has the legally enforceable right (for example, under a lease,
easement or right-of-way agreement in existence as of the date this Offer is executed by
Owner) to prevent the use of the Easement area for the purposes contemplated by this
Offer.
C. To the best of Owner’s knowledge, the Easement Area is not contaminated
with materials identified as hazardous or toxic under applicable law and no such
materials have been stored or generated within the Easement Area.
7. CONTROLLING LAW.
This Offer is made in the State of California and shall be construed and
interpreted in accordance with the laws of said state. Paragraph headings and captions
contained herein are for convenience of reference only and are not to be used in the
interpretation of this Offer.
8. NOTICES.
Any notices required by this Agreement or correspondence between the parties
shall be addressed as follows, unless the parties shall provide written notice of a change:
Owner: The Couch 2010 Revocable Trust
John & Tara Couch, Trustees
15001 Montalvo Road
Saratoga CA 95070
408-605-9500 (cell)
City: John Cherbone, Public Works Director
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868-1200
With a copy to (which copy shall not constitute notice):
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
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9. ENTIRE AGREEMENT.
This Agreement together with the exhibits hereto, each of which are incorporated herein
by this reference, constitutes the entire agreement of the parties with respect to the
subject matter hereof and supersedes all prior oral or written agreements with respect
thereto.
10. ACCEPTANCE.
The undersigned understands that the within offer can only be accepted by resolution of
the City Council of the City of Saratoga and recordation of this instrument shall not and
will not constitute acceptance of the within offer to dedicate.
IN WITNESS WHEREOF, Owner has duly executed this Offer as of the day and year
stated below.
IN WITNESS WHEREOF, Owner has duly executed this Offer to Dedicate Trail
Easement as of the day and year stated below.
Owner
The Couch 2010 Revocable Trust
___________________________ Date ______________
John Couch, Trustee
___________________________ Date _____________
Tara Crouch, Trustee
Exhibits
C1 – Plat Map
C2 – Legal Description
(All signatures must be acknowledged before a Notary Public – attach either corporate,
individual or partnership notary form.)
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1
ACKNOWLEDGMENT
State of California
County of
On , 2012 before me, , notary
public, personally appeared John Couch and Tara Couch who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity (ies), and that by his/her/their signature(s) on the instrument the
person(s), or entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my official seal.
SIGNATURE OF NOTARY
200
CERTIFICATE OF ACCEPTANCE
(Government Code Section 27281)
This is to certify that the interest in real Easement Area conveyed by the
foregoing GRANT DEED OF EASEMENT AREA, dated ___________________ from
JOHN COUCH and TARA COUCH to the City of Saratoga is accepted by the
undersigned officer on behalf of the City Council of the City of Saratoga as authorized by
the resolution adopted _______________, and the Grantee consents to the recording of
the Grant Deed by the County's duly authorized officer.
I have executed this certificate of acceptance on ________________________.
By_______________________________
Dave Anderson, City Manager
APPROVED AS TO FORM AND LEGALITY:
______________________________________
Richard Taylor,
City Attorney
==============================================================
State of California )
County of Santa Clara ) ss.
On __________________, 2012, before me, ___________________________________ a Notary Public in
and for said State, personally appeared Dave Anderson who proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to this instrument, and acknowledged to me that he
executed the same in his capacity, and that by his signature on the instrument, the person or the entity upon
behalf of which the person acted executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
______________________________________________
Notary Public
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EXHIBIT “C-2”
LEGAL DESCRIPTION
LANDS TO BE CONVEYED FOR
EQUESTRIAN AND PEDESTRIAN EASEMENT PURPOSES
Being a portion of the parcel described in the Grant Deed from Virgil L. Hall and Theresa
A. Hall, trustee of the Hall 2005 Living Trust to John Couch and Tara Couch as Trustees
of The Couch 2010 Revocable Trust, recorded August 11, 2010 as Document No.
20812260, Santa Clara County Official Records; situate in the City of Saratoga, County
of Santa Clara, State of California, more particularly described as follows:
COMMENCING at the 2.5” brass disk in a monument well located at the intersection of
the centerline of Mt. Eden Road (40 feet wide) and the general easterly line of said parcel
as shown on that certain Record of Survey, filed for record on November 23, 1992, in
Book 642 of Maps, Page 13, Santa Clara County Records; thence along said general
easterly line, North 35°30’10” West, 43.98 feet to the westerly line of the 15’ Pedestrian
and Equestrian Easement as described in the Irrevocable Offer to Dedicate, recorded
December 27, 1984, in Book J141, Page 435, Santa Clara County Official Records;
thence along said easement line the following three (3) courses and distances: (1) South
17º25’24” West, 32.75 feet, (2) South 03º32’55” East, 71.30 feet, and (3) South
26º01’32” East, 32.55 feet to the TRUE POINT OF BEGINNING; thence continuing
along said easement line, South 26º01’32” East, 18.82 feet; thence leaving said easement
line the following nine (9) courses and distances: (1) North 65º39’03” West, 58.63 feet,
(2) North 23º32’41” West, 71.34 feet, (3) North 48º48’24” West, 48.07 feet, (4) North
41º28’13” West, 11.40 feet, (5) North 36º34’47” West, 10.83 feet, (6) North 32º26’39”
West, 20.51 feet, (7) North 31º41’34” West, 20.45 feet, (8) North 28º35’36” West, 38.58
feet, and (9) North 29º34’56” West, 73.02 feet to the northerly line of said parcel; thence
along said northerly line, South 79º45’16” East, 15.63 feet; thence leaving said northerly
line the following nine (9) courses and distances: (1) South 29º34’56” East, 63.11 feet,
(2) South 28º35’36” East, 38.36 feet, (3) South 31º41’34” East, 20.05 feet, (4) South
32º26’39” East, 20.00 feet, (5) South 36º34’47” East, 9.88 feet, (6) South 41º28’13” East,
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10.12 feet, (7) South 48º48’24” East, 49.99 feet, (8) South 23º32’41” East, 69.41 feet,
and (9) South 65º39’03” East, 39.52 feet to the TRUE POINT OF BEGINNING.
Containing 4,040 square feet, 0.09 acres, more or less.
Exhibit “C-1” attached and by this reference made a part hereof.
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
______________________ _______________________
Date Julia MacRory
L.S. No. 7871
Expiration Date: 12-31-2012
204
DRAFT
Environmental Initial Study and
Mitigated Negative Declaration
For:
Design Review, Conditional Use Permit, and Variation from Standards
Owner:
John and Tara Couch
22100 Mt. Eden Road
Saratoga, CA 95070
Public Review Period:
December 12, 2011 toFebruary 8, 2012
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1. Project title
2.
: PDR11-0010
Lead agency name and address
13777 Fruitvale Avenue; Saratoga, CA 95070
: City of Saratoga; Planning Division
3. Contact person and phone number
(408) 868-1230
: Cynthia McCormick AICP, Planner
4. Project location/APN
5.
: 22100 Mt. Eden Road / 503-09-005
Project sponsor name and address
15001 Montalvo Road; Saratoga, CA 95070
: John and Tara Couch
6. General plan designation
7.
: Residential Hillside Conservation (RHC)
Zoning
: Hillside Residential (HR)
8. Description of project
: The project is a request for a use permit, variation from standards for lot
coverage and floor area, and design review approval. Currently, the site is 19.25 (gross) acres with
an average slope of approximately 32.81%. The site was previously developed with a two-story
home, detached garage, swimming pool, equestrian structures and surfaces, and other surfaces used
for site circulation for a total of 47,691 square feet of existing lot coverage. The applicant has or
would deconstruct the existing 5,329 square foot home, 2,835 square foot barn, horse corral, and
swimming pool, but retain the existing 1,620 square foot detached garage. The project would include
a new 6,072 square foot two-story home with attached garage, 876 square foot secondary dwelling
unit, and existing 1,620 square foot detached garage to remain. The secondary unit would be deed
restricted for income qualifying tenants, granting the project a 10% increase in maximum allowable
floor area and lot coverage. A Conditional Use Permit would be required for a future equestrian
stable and associated uses including a 5,402 square foot barn and feed shed, open riding arena and
horse walker area. The project would include a conservation easement over a portion of the lot
where steep terrain precludes safe development. The applicant is requesting a variation from
standards for additional lot coverage. Eight trees protected by City Code are requested for removal
and have been reviewed by the City Arborist with findings made for removal.
9. Surrounding land uses and setting:
The project is located at 22100 Mt. Eden Road, approximately
one-half mile northeast of Pierce Road in the City of Saratoga, California (refer to Figure 1). The
south-western boundary of the property is adjacent to the City’s outer limits and sphere of influence.
The property falls within the City’s Hillside Specific Plan area and hazardous fire area. The property
includes a pedestrian and equestrian trail easement as well as an access/egress easement to adjacent
properties. The site is surrounded by single-family homes, accessory uses such as horse stables and
vineyards, and dense tree coverage/landscaping.
10. Other public agencies whose review is required
a. Santa Clara County Fire District
b. Santa Clara Valley Water District (SCVWD)
c. California Department of Fish and Game (DFG)
d. Pacific Gas and Electric (PG&E)
e. Santa Clara Valley Transportation Authority (VTA)
f. Regional Water Quality Control Board (RWQCB)
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Figure 1: Project Location
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Figure 2 Site Plan
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project. Please see the checklist
beginning on page 7 for additional information.
Aesthetics Agriculture and Forestry Air Quality
x Biological Resources Cultural Resources X Geology/Soils
Greenhouse Gas Emissions Hazards and Hazardous
Materials
Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Utilities/Service Systems Mandatory Findings of
Significance
DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and
a NEGATIVE DECLARATION will be prepared.
X I find that although the proposed project could have a significant effect on the environment,
there will not be a significant effect in this case because revisions in the project have been
made by or agreed to by the project proponent. A MIT IGATED NEGATIVE DECLARATION
will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has been
adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has
been addressed by mitigation measures based on the earlier analysis as described on attached
sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the
effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment,
because all potentially significant effects (a) have been analyzed adequately in an earlier EIR
or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided
or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions
or mitigation measures that are imposed upon the proposed project, nothing further is required
Signature: Date:
Printed Name: Cynthia McCormick For:
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by
the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer
is adequately supported if the referenced information sources show that the impact simply does not apply to
projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer
should be explained where it is based on project-specific factors as well as general standards (e.g., the project
will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as
well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers
must indicate whether the impact is potentially significant, less than significant with mitigation, or less than
significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be
significant. If there are one or more "Potentially Significant Impact" entries when the determination is made,
an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation
of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the
effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be
cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiring, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a
brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures, which were incorporated or refined from the earlier
document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document
should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
should normally address the questions from this checklist that are relevant to a project's environmental effects
in whatever format is selected.
9) The explanation of each issue should identify:
a) The significance criteria or threshold, if any, used to evaluate each question; and
b) The mitigation measure identified, if any, to reduce the impact to less than significance.
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I. AESTHETICS: Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista X
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings within
a state scenic highway
X
c) Substantially degrade the existing visual character or quality
of the site and its surroundings? X
d) Create a new source of substantial light or glare which would
adversely affect day or nighttime views in the area? X
a-b) The site is zoned for residential uses and currently contains a single-family residence and two
ancillary structures. The project involves deconstruction of the existing residence and one ancillary
structure. The existing structures have not been determined to be historically significant. The project is
not located along a scenic highway or scenic vista as identified in the Saratoga General Plan.
c) The proposed project involves construction of a single-family home and secondary dwelling unit that
is consistent with the residential development surrounding the project site. The home is primarily
designed as one-story with hipped roofs to minimize bulk and height. A second story element adds 400
square feet of living space above the entry way with a maximum height of 25 feet and four inches. The
appearance of bulk is reduced by containing 2,057 square feet of space within a walk-out basement. The
secondary unit would be designed in the same architectural style as the main dwelling. The design
includes earthtone colors that would blend with the dense trees surrounding the property. Setbacks for
the proposed structures include a minimum of 328 feet in the front, 1,500 feet in the rear and 55 feet on
the closest side.
d) The project does not propose any street lighting.
Based on the above discussion, No mitigation is necessary or required in relation to impact on
Aesthetics.
(Source: review of the project, Saratoga General Plan Land Use Element, and Municipal Code §15-45).
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II. AGRICULTURE AND FOREST RESOURCES: In determining whether
impacts to agricultural resources are significant environmental effects, lead
agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on agriculture and farmland. In
determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information
compiled by the California Department of Forestry and Fire Protection
regarding the state’s inventory of forest land, including the Forest and Range
Assessment Project and the Forest Legacy Assessment Project; and the forest
carbon measurement methodology provided in Forest Protocols adopted by the
California Air Resources Board. Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the California Resources
Agency, to non-agricultural use?
X
b) Conflict with existing zoning for agricultural use, or a Williamson Act
contract? X
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined
in Public Resources Code section 12220(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned Timberland Production (as
defined by Government Code section 51104(g))?
X
d) Result in the loss of forest land or conversion of forest land to non-forest
use? X
e) Involve other changes in the existing environment which, due to their location
or nature, could result in conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
X
DISCUSSION:
a-e) The property is not zoned for farm or agricultural land uses and it is not under a Williamson Act
contract. No forest land, as defined in Public Resources Code section 12220(g) exists on the property. A
Conservation Easement has been prepared for the western most potion of the lot where the majority of
the mixed chaparral and oak woodland on the parcel is located.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Agricultural and Forest Resources.
(Sources: Review of the project, City of Saratoga General Plan and Municipal Code §15-13)
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III. AIR QUALITY: Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied
upon to make the following determinations. Would the project:
Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the applicable air quality plan? X
b) Violate any air quality standard or contribute substantially to an existing or
projected air quality violation? X
c) Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is non- attainment under an applicable federal or state
ambient air quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)?
X
d) Expose sensitive receptors to substantial pollutant concentrations? X
e) Create objectionable odors affecting a substantial number of people? X
DISCUSSION:
The Bay Area Air Quality Management District’s (BAQMD) CEQA Guidelines recommend air quality
significance thresholds, analytical methodologies and mitigation measures for local agencies to use
when preparing air quality impact analyses under CEQA. The BAQMD CEQA Guidelines contain
instructions on how to evaluate, measure, and mitigate air quality impacts generated from land
development construction and operation activities. The Guidelines focus on criteria air pollutant,
greenhouse gas (GHG), toxic air contaminant, and odor emissions generated from plans or projects. The
BAQMD CEQA Guidelines provide screening criteria to determine if a project may have potentially significant
impacts requiring a detailed analysis. This preliminary screening provides the lead agency with a conservative
indication of whether the proposed project would result in the generation of construction-related criteria air
pollutants and/or precursors that exceed the Thresholds of Significance. If all of the following Screening Criteria
are met, the construction of the proposed project would result in a less-than-significant impact from criteria air
pollutant and precursor emissions, and the lead agency or applicant would not need to perform a detailed air
quality assessment of their project‘s air pollutant emissions.
1. The project is below the applicable screening level size for criteria pollutants and precursors and
Greenhouse Gases (GHG), show in Table 3-1 of the BAQMD CEQA Guidelines.
2. All Basic Construction Mitigation Measures would be included in the project design and
implemented during construction; and
3. Construction-related activities would not include any of the following:
a. Demolition activities inconsistent with District Regulation 11, Rule 2: Asbestos Demolition,
Renovation and Manufacturing;
b. Simultaneous occurrence of more than two construction phases (e.g., paving and building
construction would occur simultaneously);
c. Simultaneous construction of more than one land use type (e.g., project would develop
residential and commercial uses on the same site) (not applicable to high density infill
development);
d. Extensive site preparation (i.e., greater than default assumptions used by the Urban Land Use
Emissions Model [URBEMIS] for grading, cut/fill, or earth movement); or
e. Extensive material transport (e.g., greater than 10,000 cubic yards of soil import/export)
requiring a considerable amount of haul truck activity.
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a-e) Air emissions increases associated with the proposed project would not be considered significant
since the size of the proposed project would not exceed the BAAQMD’s threshold levels for potential
significance. Traffic generated by the project would not have the potential to generate significant air
quality impacts. The proposed project does not involve construction activities that would result in
significant air emissions or changes to regional air quality. However, project construction activities may
result in short-term changes to air quality in the immediate vicinity of the project site and impacts to
sensitive receptors. Temporary increases in emissions may result from demolition activities, delivery of
construction material, earthmoving, and construction. Dust can be emitted by the action of equipment
and vehicles and as a result of wind erosion over exposed earth surfaces. Grading and earthmoving
activities, although minimal, comprise the major source of construction dust emissions, but traffic and
general disturbance of the soil also generate dust emissions. Short-term impacts would be mostly related
to particulate matter emissions, an increase in exhaust emissions produced during the transport of
workers, machinery and construction materials to and from the site could also occur.
The City requires development applications to include a green points checklist from the Build It Green
program. In conjunction with this checklist the City encourages new development proposals to
incorporate energy conservation and sustainable/green building design though the use of construction
material choices, building orientation and site planning, energy efficient appliances and heating and
cooling systems among other things in an effort to reduce the cumulative impacts of construction on
Climate change.
The additional wood smoke from one wood burning fireplaces allowed under the City’s Zoning
Ordinance would contribute a less than significant amount of particulate pollution and would be
regulated under the BAAQMD’s Spare The Air Day regulations.
Heavy machinery powered by diesel engines that would be used during project construction may create
localized odors during the duration of construction operations. It is unlikely that these odors would be
noticeable by humans not on the project site. No permanent odors would be created.
(Sources: Bay Area Air Quality Management District CEQA Guidelines (online) updated May 2011;
City of Saratoga General Plan and Municipal Code)
The following conditions of approval will be placed on the project as required for general construction:
1) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
2) All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
3) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power
vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
4) All vehicle speeds on unpaved roads shall be limited to 15 mph.
5) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible.
Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
6) Idling times shall be minimized either by shutting equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by the California airborne toxics control measure
Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided
for construction workers at all access points.
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7) All construction equipment shall be maintained and properly tuned in accordance with
manufacturer‘s specifications. All equipment shall be checked by a certified visible emissions
evaluator.
8) Post a publicly visible sign with the telephone number and person to contact at the lead agency
regarding dust complaints. This person shall respond and take corrective action within 48 hours. The
Air District‘s phone number shall also be visible to ensure compliance with applicable regulations.
9) Green building materials and strategies shall be incorporated into the construction of the proposed
new residences in accordance with City guidelines and standards.
10) A maximum of one wood-burning fireplace per residence may be installed consistent with City
regulations and BAAQMD guidelines.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on Air
Quality.
IV. BIOLOGICAL RESOURCES: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations or
by the California Department of Fish and Game or US Fish and Wildlife
Service?
X
c) Have a substantial adverse effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act (including, but not limited to,
marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the movement of any native resident or
migratory fish or wildlife species or with established native resident or
migratory wildlife corridors, or impede the use of native wildlife nursery sites?
X
e) Conflict with any local policies or ordinances protecting biological
resources, such as a tree preservation policy or ordinance? X
f) Conflict with the provisions of an adopted Habitat Conservation Plan,
Natural Community Conservation Plan, or other approved local, regional, or
state habitat conservation plan?
X
DISCUSSION:
a-d) A biotic assessment was prepared for the site by H.T. Harvey & Associates in December 2006. The
assessment included reconnaissance-level field surveys to document biotic resources that may pose
constraints to site development. The surveys included an assessment of biotic habitats including
vegetation, wildlife, aquatic/drainage, and special status flora and fauna including the specific potential
for California red-legged frogs. The site supports non-native annual grassland, mixed riparian/wetland,
aquatic, and mixed chaparral/oak woodland. Two seasonal drainages occur on the site. One runs along
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the northern portion of the property and has two, small tributaries. The other runs along the southern
portion of the property along the driveway. Both drainages are tributaries to Calabazas Creek. A short
reach (~150 feet long) of Calabazas Creek occurs along the eastern edge of the site. Soils on site include
Azule silty clay loam and are well drained and occur on sloping terraces.
Most of the property is comprised of non-native annual grassland and ruderal (disturbance-loving) forbs,
mixing with native and non-native trees. No native grasses typical of native valley grassland were
observed, and grasslands on the site are not expected to support the diverse annual flora associated with
this habitat. The non-native annual grassland is regularly disked and mowed by the property owner and
it is likely that regular disking prevents the establishment of small burrowing species and birds that
would serve as prey for larger raptors and other grassland predators. The lack of burrows also indicates
that the habitat is not suitable for Burrowing Owls.
The riparian habitat that exists along the northern drainage and its tributaries varies between thick
vegetation and no vegetation. The riparian corridor consists of a dense canopy of California buckeye,
California bay, and valley oak, and an understory of California blackberry, Himalayan blackberry, curly
dock, and poison oak. The site is also infested with weeds and coyote brush. The riparian vegetation
habitat that exists along the southern portion of the site is highly degraded. The mixed riparian forest
along the northern drainage has a relatively sparse understory and is bordered by development and
disked grassland habitat on either side. The proximity to current residential development and associated
predation from domesticated dogs and cats could potential have reduced the use of this habitat by
wildlife. The mixed riparian habitat along the southern boundary of the site is of very marginal quality
for wildlife but may support some smaller reptiles and birds.
Chaparral habitat is located within the entire western portion of the project site as well as the eastern
portion of the site, near Mt. Eden Road. The chaparral habitat on the western portion of the site is mostly
undisturbed and constitutes relatively high quality habitat for chaparral-associated wildlife.
Special Status Plant Species
The California Department of Fish and Game (CDFG)’s Natural Diversity Data Base (CNDDB 2006),
miscellaneous information from the U.S. Fish and Wildlife Service (USFWS), and technical
publications were used to produce an inventory of special-status plants in the area. Forty-eight (48)
potential special-status plans species are in the area; however all these species were eliminated from
consideration and considered to be absent on the site, based on habitat types, soil information, a lack of
associated plant species, and the disturbed nature of the project site.
Several special-status animal species that are known to occur regionally are absent from the project site.
No suitable habitat or breeding habitat for the California tiger salamander is present on or near the site.
The aquatic habitat on and adjacent to the site is inadequate to support the western pond turtle and the
foothill yellow-legged frog is not known to occur in the site vicinity. The limited nature of grassland on
the site makes in unsuitable for use by the Golden Eagle, Ferruginous Hawk, Northern Harrier, Prairie
Falcon, and California Horned Lark. The Burrowing owl is not expected to occur on the site due to the
absence of ground squirrel burrows or other suitable nesting and roosting sites. No suitable breeding
habitat for the Tricolored Blackbird is present on the site. Other special-status animal species may occur
in the project area only as uncommon to rate visitors, migrants, or transients but are not expected to
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breed on the site. These species include Sharp-skinned Hawk, Merlin, California Yellow Warbler,
Townsend’s big-eared bat, and pallid bat.
Special Status Animal Species
Special-status animal species that may breed on the site are described below and include: the federally
threatened California red-legged frog; the California fully protected White-tailed Kite and the California
species of special concern Cooper’s Hawk, Loggerhead Shrike, and San Francisco dusky-footed
woodrat.
The California red-legged frog could potentially forage in or disperse through the northern drainage on
the site, but there is insufficient water in this drainage to provide breeding habitat. However, the deep
pool within Calabazas Creek at the eastern end of the site (across Mt. Eden Road) represents possible
breeding habitat for California red-legged frogs because it was approximately 2-3 feet deep during the
June 2006 site visit. However because it lacks the emergent vegetation typically present at California
red-legged frog breeding sites, and because it may become dry during the summer, it is considered
marginal breeding habitat. No California red-legged frogs were observed during the reconnaissance site
visit. Focused surveys would be required to determine whether this species is present on the site.
The Cooper’s Hawk is found most often where wooded areas occur in patches and groves. The wooded
areas on the project site provide potential nesting habitat for the Cooper’s Hawk and this species could
forage and breed on the site. However, at most, one pair would be expected to occur here given the
relatively small size of the parcel and relatively large size of this species breeding territories.
In the San Francisco Bay area, the White-tailed Kite is common in areas where suitable nest sites are
interspersed with extensive open foraging habitat. However, the foraging habitat for this species is
marginal due to the relatively limited extent of open grassland and the paucity of small mammals on-
site. Likewise, the relatively small size of the open grassland on-site would suggest marginal habitat for
the Loggerhead Shrike.
The special-status species San Francisco dusky-footed woodrat is likely to occur within the non-
fragmented mixed riparian and high quality chaparral area in the western portion of the site. However,
the western portion of the site is not within the footprint of the proposed grading or construction of the
project. No individuals or nests of this species were observed on the site during the reconnaissance-level
surveys in the mixed riparian forest along the northern drainage near the proposed building pads. The
lack of woodrats in this area could be the result of relatively sparse understory and narrowness of th4e
riparian corridor in this portion of the site, or from predation by domestic cats and dogs associated with
nearby development.
The California species of special concern Pallid Bat is likely to forage over the open grassland areas of
the site and the larger trees on the site could provide potential winter day roost for the pallid bats.
However, they are not expected to breed on the site due to the proximity of a known maternity colony
located approximately 0.5 miles north of the project site.
Mitigation measures including pre-construction surveys will be carried out to ensure that impacts are
mitigated to a less than significant threshold.
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Aquatic/Drainage Areas
Two small potential wetland areas were identified within the project site. The first identified area
occurred at the end of a small, incised drainage arising within the chaparral habitat to the west and
traveled north but did not connect to the northern drainage. This area was approximately 20 foot long
and 5 foot wide and was separated from the northern drainage by non-native grassland habitat and bare
dirt for approximately 100 feet. The area was filled with debris and was cleaned out and filled with dirt
by the current owner, prior to knowledge of the biotic assessment that was completed for the previous
owner. The second potential wetland area occurs approximately 50 feet north of the existing developed
residential area and was approximately 25 feet wide and 15 feet long at the time of the assessment. This
area appeared to create an incised area (additional contributing drainage) leading to the northern
drainage. Both areas contained curly dock, common spikerush, tall flatsedge, rabbitsfoot grass, Italian
ryegrass, and annual bluegrass. However, the wetland portions of the site were found to be too small and
ephemeral to provide significant habitat for wetland associated wildlife. A 3 foot wide and 1 foot deep
flow and a 2-3 foot deep in-stream pool was observed within Calabazas Creek immediately downstream
of the Mt. Eden crossing during the June 2006 survey. Pacific treefrog tadpoles were observed in the
deep pool within Calabazas Creek on the east end of the site and Western toads were observed in the
northern drainage. No fish were observed in the northern drainage which did not contain sufficient water
for fish and the southern drainage is not expected to support aquatic wildlife due to the lack of flow.
(Sources: Biotic Assessment prepared by H.T. Harvey & Associates December 7, 2006)
In 2007, H.T. Harvey & Associates conducted the first of eight surveys for California Red Legged Frogs
(CRLF) in accordance with the U.S. Fish and Wildlife Service Protocol (USFWS 2005) by walking
along the banks and within the drainages and through the upland on the property. During this survey,
one CRLF was observed in the 2 to 3 foot deep pool in Calabazas Creek just below the Mount Eden
Road crossing. No other frogs were observed on the property during the survey. During a return visit,
three CDLF larvae were observed within the same pool. The USFWS was notified of this occurrence
and it has been recorded in the California Natural Diversity Database as Occurrence Number 961.
The current conditions on the property have changed since the 2006 assessment and 2007 surveys,
including demolition of the existing home and plantation of an active vineyard. Vineyards have lower
value as dispersal and foraging habitat for the frogs. No reduction in upland habitat for the CDLG is
expected. However, a dispersing animal could still be at risk of injury or mortality due to crushing by
construction equipment, vehicles, or construction personnel during construction.
(Sources: Letter from H.T. Harvey & Associates, dated January 6, 2012)
e) Thirty trees protected by City Code, and potentially impacted by construction, were inventoried by
the City Arborist in June and December 2011. Inventoried trees included twelve Valley oaks, five Italian
stone pines, five Mexican fan palms, three Coast live oaks, one Southern live oak, two Coast redwoods,
and two London plane trees. Five Italian stone pines, two Valley oaks, and one Mexican fan palm tree
meet the findings for removal. Tree protection measures and a tree protection security deposit for have
been required as conditions of project approval. New trees equal in value to the protected trees to be
removed shall be planted following construction to replace the removed trees.
(Sources: Arborist Report prepared by Kate Bear December 2, 2011)
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f) There is no Habitat Conservation Plan, Natural Community Conservation Plan, or other approved
local, regional, or state habitat conservation plan in effect for the project area and no conflict with such a
plan is anticipated.
(Sources: City of Saratoga General Plan)
Based on the above discussion, potential impacts are considered to be less than significant with the
implementation of Mitigation Measures for Biological Resources (BIO 1a to BIO 1e and BIO2).
MITIGATION MEASURES:
Mitigation for impacts to Special Status Species
The only potential breeding habitat for California red-legged frogs is a single deep pool located on the
far eastern portion of the site in Calabazas Creek, across Mount Eden Road from the project site. This
pool will not be impacted by the project and hence impacts to California red-legged frog breeding
habitat will be less than significant. However, red-legged frogs are thought to move regularly up to 0.7
miles over upland habitat between two or more potential breeding sites, and they have been known to
move 2 miles or more or between aquatic habitat areas (USFWS 2010).
One CRLF and three CDLF larvae were observed in the 2 to 3 foot deep pool in Calabazas Creek just
below the Mount Eden Road crossing. No other frogs were observed on the property during the survey.
Because construction of the main residence, secondary dwelling unit, and barn will occur on the existing
pad of the previous residence, a graded slope, and graded pad, no reduction in upland habitat for the
CDLG is expected. However, mitigations 1c, 1d, and 1e should be implemented to avoid injury or
mortality of CRLF that may disperse into the construction area during construction activities.
BIO 1a – Protocol-level Surveys. Site surveys were conducted in 2007 for California red-legged frogs
(CRF), following the most recent protocol approved by the USFWS, at the time of the surveys. Red-
legged frogs were detected on the project site during surveys conducted in 2007. Therefore, Mitigation
Measures 1c, 1d, and 1e shall be implemented.
BIO 1c – Seasonal Avoidance (Work Window). To the extent practicable, ground-disturbing activities
should not occur during the wet season, from 15 October through 15 April, when California red-legged
frogs are most likely to be found in upland habitats away from aquatic habitat. The preferred work
window will be 16 April to 14 October.
BIO 1d – On-site Construction Crew Education Program. Before the commencement of
construction, a qualified biologist will explain to construction workers how best to avoid the accidental
take of California red-legged frogs. The biologist will conduct a training session that would be
scheduled as a mandatory informational field meeting for contractors and all construction personnel. The
field meeting will include topics on species identification, life history, descriptions, and habitat
requirements during various life stages. Emphasis will be placed on the importance of the habitat and
life stage requirements within the context of project avoidance and minimization measures. Handouts,
illustrations, photographs, and project maps showing areas where minimization and avoidance measures
are being implemented will be included as part of this education program. The program will increase
the awareness of the contractors and construction workers about existing federal and state laws
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regarding endangered species as well as increase their compliance with conditions and requirements of
resource agencies. Prior to the start of work each day, dedicated construction personnel will inspect
trenches and pits that were left open overnight for frogs. If a ranid frog of any kind is encountered
during project construction, the following protocol will be implemented:
• All work that could result in direct injury, disturbance, or harassment of the individual animal must
immediately cease;
• The foreman will be immediately notified;
• The foreman will immediately notify a qualified biologist, who in turn will immediately notify
USFWS and CDFG if the frog is a red-legged frog; and
• If approved by the USFWS and CDFG, the qualified biologist will remove the individual to a safe
location nearby.
BIO 1e – Pre-construction Surveys. A pre-construction survey for red-legged frogs will be conducted
by a qualified biologist prior to any work within 200 feet of riparian habitat on-site. If any red-legged
frogs are found within the work area, the USFWS and the CDFG will be contacted and if approved by
the USFWS and CDFG, the qualified biologist will remove the individual to a safe location nearby.
BIO 2 – Silt Fence Barrier. A silt fence barrier shall be erected between the breeding pool (2 to 3 foot
deep pool in Calabazas Creek just below the Mount Eden Road crossing) and construction site during
construction activities.
RESULT AFTER MITIGATION: Upon implementation of the above mitigation measures, the project
will not result in any significant adverse effect on the environment related to biological resource issues.
Sources:
1. Biotic Assessment prepared by H.T. Harvey & Associates December 7, 2006
2. Letter from H.T. Harvey & Associates, dated January 6, 2012
V. CULTURAL RESOURCES: Would the project: Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a
historical resource as defined in §15064.5? X
b) Cause a substantial adverse change in the significance of an
archaeological resource pursuant to §15064.5? X
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? X
d) Disturb any human remains, including those interred outside
of formal cemeteries? X
DISCUSSION:
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a-d) There are no known historical resources, archeological resources, paleontological, unique
geological features, or human remains on the property.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on Cultural
Resources.
VI. GEOLOGY AND SOILS: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Expose people or structures to potential substantial adverse effects,
including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent
Alquist-Priolo Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special Publication 42?
X
ii) Strong seismic ground shaking? X
iii) Seismic-related ground failure, including liquefaction? X
iv) Landslides? X
b) Result in substantial soil erosion or the loss of topsoil? X
c) Be located on a geologic unit or soil that is unstable, or that would
become unstable as a result of the project, and potentially result in on- or
off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform
Building Code (1994), creating substantial risks to life or property? X
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative waste water disposal systems where sewers are not available
for the disposal of waste water?
X
DISCUSSION: The applicant proposes to demolish the existing house, construct a new residence with
basement, construct a detached guest cottage, and construct a new driveway, walkways, and patios. An
existing site garage is to remain. A proposed swimming pool site is to be located east of the proposed
residence. The City’s Geotechnical Consultant reviewed the Geotechnical Investigation (report)
prepared by Milstone Geotechnical, dated August 30, 2011; Fault Investigation (report) prepared by
Steven F. Connelly, CEG, dated January 29, 2011; and Architectural Plans (7 sheets) prepared by Chris
Spaulding, dated April 29, 2011. In addition, Geotechnical Consultant conducted site visits, observed
various fault exploratory excavations, and reviewed pertinent technical documents. The referenced Fault
Investigation (report) addresses potential primary fault rupture hazards to the proposed residence and
cottage related to the locally mapped Berrocal fault. The City’s Geotechnical Consultant concluded that
the consultant has adequately completed site geotechnical investigation and recommended project
design parameters that are in general conformance with prevailing standards of geotechnical practice.
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The City’s Geotechnical Consultant does not have objections to the layout of site improvements and
recommends geotechnical approval with two conditions of approval.
Based on the above discussion, potential impacts would be less than significant with the
implementation of Mitigation Measures for Geology and Soils (GEO 1 to GEO 2).
MITIGATION MEASURES:
GEO 1 - The applicant's geotechnical consultant shall review and approve all geotechnical aspects
of the project building and grading plans (i.e., site preparation and grading, site drainage
improvements and design parameters for foundations, retaining walls and driveway) to ensure that
their recommendations have been properly incorporated. The results of the plan review shall be
summarized by the geotechnical consultant in a letter and submitted to the City Engineer for review
prior to issuance of building permits.
GEO 2 - The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of the project construction. The inspections shall include, but not necessarily be
limited to: site preparation and grading, site surface and subsurface drainage improvements, and
excavations for foundation construction prior to placement of fill, steel and concrete. The Project
Engineering Geologist shall inspect basement excavations to confirm anticipated geologic
conditions. The results of these inspections and the as-built conditions of the project shall be
described by the geotechnical consultant in a letter(s) and submitted to the City Engineer for review
and approval prior to Final (as-built) Project Approval.
MONITORING: These measures shall be monitored by the grading inspector in intervals prescribed
within the attached Mitigation Monitoring and Reporting Program. Once grading activities have been
completed on site, the applicant shall provide a letter of written verification that these measures have
been complied with.
RESULT AFTER MITIGATION: Upon implementation of the above mitigation measures, the
project will not result in any residual significant adverse effect on the environment related to
archaeological resources.
(Sources: Geotechnical Review, by City Geotechnical Consultant dated September 7, 2011)
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VII. GREENHOUSE GAS EMISSIONS:
An assessment of the greenhouse gas emissions and climate
change is included in the body of environmental document.
While Caltrans has included this good faith effort in order to
provide the public and decision-makers as much information as
possible about the project, it is Caltrans determination that in the
absence of further regulatory or scientific information related to
GHG emissions and CEQA significance, it is too speculative to
make a significance determination regarding the project’s direct
and indirect impact with respect to climate change. Caltrans
does remain firmly committed to implementing measures to help
reduce the potential effects of the project. These measures are
outlined in the body of the environmental document.
Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
X
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse gases? X
DISCUSSION:
a-b) The project would not generate greenhouse gas emissions, either directly or indirectly, that may
have a significant impact on the environment. The project would not conflict with an applicable plan,
policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Therefore
no mitigation is necessary or required.
VIII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the environment through
the routine transport, use, or disposal of hazardous materials? X
b) Create a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the
release of hazardous materials into the environment?
X
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter mile of
an existing or proposed school?
X
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code Section
65962.5 and, as a result, would it create a significant hazard to the
public or the environment?
X
e) For a project located within an airport land use plan or, where such
a plan has not been adopted, within two miles of a public airport or
public use airport, would the project result in a safety hazard for
people residing or working in the project area?
X
f) For a project within the vicinity of a private airstrip, would the project
result in a safety hazard for people residing or working in the project
area?
X
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g) Impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan? X
h) Expose people or structures to a significant risk of loss, injury or
death involving wildland fires, including where wildlands are adjacent
to urbanized areas or where residences are intermixed with wildlands?
X
DISCUSSION:
a-h) The project would not create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials. The project would not create a significant
hazard to the public or the environment through reasonably foreseeable upset and accident conditions
involving the release of hazardous materials into the environment The project would not emit hazardous
emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school. The project is not located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government Code Section 65962.5. The project is not
located within an airport land use plan, within two miles of a public airport or public use airport, or
within the vicinity of a private airstrip. The project is located in a Wildland-Urban Interface Fire Area
but would not expose people or structures to a significant risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with
wildlands. The project would not impair implementation of or physically interfere with an adopted
emergency response plan or emergency evacuation plan. Therefore no mitigation is necessary or
required in relation to hazards and hazardous materials.
IX. HYDROLOGY AND WATER QUALITY: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Violate any water quality standards or waste discharge
requirements? X
b) Substantially deplete groundwater supplies or interfere substantially
with groundwater recharge such that there would be a net deficit in
aquifer volume or a lowering of the local groundwater table level (e.g.,
the production rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or planned uses for which
permits have been granted)?
X
c) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, in a
manner which would result in substantial erosion or siltation on- or off-
site?
X
d) Substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river, or
substantially increase the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?
X
e) Create or contribute runoff water which would exceed the capacity of
existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff?
X
f) Otherwise substantially degrade water quality? X
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g) Place housing within a 100-year flood hazard area as mapped on a
federal Flood Hazard Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
X
h) Place within a 100-year flood hazard area structures which would
impede or redirect flood flows? X
i) Expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee
or dam?
X
j) Inundation by seiche, tsunami, or mudflow X
DISCUSSION:
a-j) The project will be subject to standard conditions of approval requiring conformance with applicable
water quality and hydrology standards. Conditions of approval that address grading, erosion, drainage,
stormwater, runoff, and water quality would include:
1. Stormwater. The applicant shall comply with requirements of Provision C.3 of the National Pollution
Discharge Elimination System ("NPDES") Permit for Santa Clara Basin. Disposition and treatment of
stormwater shall comply with the applicable requirements of the NPDES Permit issued to the City of Saratoga
and the implementation standards established by the Santa Clara Valley Urban Runoff Pollution Prevention
Program (collectively the “NPDES Permit Standards”). Prior to issuance of Zoning Clearance for a
Demolition, Grading or Building Permit for this Project, a Stormwater Detention Plan shall be submitted to
the Building Department for review and approval demonstrating how all storm water will be detained on-site
and in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site due to
topographic, soils or other constraints, and if complete detention is not otherwise required by the NPDES
Permit Standards, the Project shall be designed to detain on-site the maximum reasonably feasible amount of
stormwater and to direct all excess stormwater away from adjoining property and toward stormwater drains,
drainageways, streets or road right-of- ways and otherwise comply with the NPDES Permit Standards and
applicable City Codes.
2. Stormwater Treatment Measures Maintenance. Post-construction operation and maintenance of storm
water treatment Best Management Practices (BMP’s) shall be the responsibility of the homeowner.
3. Grading and Drainage Permit. A grading and drainage permit shall be obtained from the City Engineer. All
conditions of the grading and drainage permit shall be implemented. All conditions of the Santa Clara Valley
Water District shall be met. Short term soil erosion and sediment control resulting from construction activity
shall be controlled.
4. Grading and Design Plan. A grading and drainage plan, prepared by a civil engineer, shall be submitted to
the City for approval.
a. The grading and drainage plan shall include a storm water retention plan indicating how storm water will
be retained on site.
b. Grading of a project site shall be designed to minimize erosion, runoff, and water waste, by using the
following techniques:
(1) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to
non-permeable hardscapes;
(2) avoid disruption of natural drainage patterns and undisturbed soil; and
(3) avoid soil compaction in landscape areas.
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c. The grading plan shall indicate finished configurations and elevations of the landscape area including:
(1) height of graded slopes;
(2) drainage patterns;
(3) pad elevations;
(4) finish grade; and
(5) stormwater retention improvements.
d. Grading and trenching (including for undergrounding electrical lines) shall be shown on the plans
submitted to the Building Division and demonstrate adequate protection of trees to the satisfaction of the
City Arborist, or, in the alternative, the City Arborist shall be present and have authority during the
grading and trenching to require hand digging for any tree roots judged at the discretion of the City
Arborist to need additional protection.
5. Soil and Erosion Control Plan. The applicant should submit a soil and erosion control plan, which identifies
the techniques for minimizing the impact of disturbance on adjacent properties. The Project shall be designed
to direct water runoff away from adjacent properties and detain water runoff on the project site, to the
maximum reasonably feasible amount possible, through the use of appropriate storm water control measures.
Erosion problems shall be avoided or corrected including replanting removed and damaged trees and
revegetating graded areas as soon as feasible with native plants. Correction of stream erosion problems shall
be accomplished using natural and/or natural appearing materials. Applicant shall make on-site or off-site
improvements reasonably related to the impacts of the Project as requested by the City Public Works
Department, prior to Final Occupancy Approval.
Given these requirements, the project will not a) violate any water quality standards or waste discharge
requirements; b) substantially deplete groundwater supplies or interfere substantially with groundwater
recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater
table level; c-d) substantially alter the existing drainage pattern of the site or area, including through the
alteration of the course of a stream or river, in a manner which would result in substantial erosion or
siltation on- or off-site or substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or off-site; e) create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems or provide substantial additional sources of
polluted runoff; f) otherwise substantially degrade water quality; g) place housing within a 100-year
flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other
flood hazard delineation map; h) place within a 100-year flood hazard area structures which would
impede or redirect flood flows; i) expose people or structures to a significant risk of loss, injury or death
involving flooding, including flooding as a result of the failure of a levee or dam; or j) be subject to
inundation by seiche, tsunami, or mudflow.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Hydrology and Water Quality Resources.
X. LAND USE AND PLANNING: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Physically divide an established community? X
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b)Conflict with any applicable land use plan, policy, or regulation of an
agency with jurisdiction over the project (including, but not limited to the
general plan, specific plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an environmental effect?
X
c) Conflict with any applicable habitat conservation plan or natural
community conservation plan? X
DISCUSSION:
a-c) The project involves an application to construct one new single-family residence, one new
secondary dwelling unit, and equestrian uses. The project would occur on a single-family residentially
zoned property. The proposed project would not physically divide an established community or conflict
with any habitat conservation or natural community plans of the City of Saratoga. The City of Saratoga
General Plan includes numerous goals, objectives and policies to guide creation of new development.
The proposed project does not conflict with any goals or policies of the City’s General Plan or Zoning
ordinance. Based on the above discussion, the project does not present the potential for a significant
adverse effect on the environment related to land use and planning. No mitigation is necessary or
required in relation to impacts on Land Use and Planning.
(Sources: Review of the project, Saratoga Municipal Code, Saratoga General Plan Land Use Element)
XI. MINERAL RESOURCES: Would the project: Potentially
Significant Impact
Less Than Significant
with Mitigation
Less Than
Significant Impact
No
Impact
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
X
DISCUSSION:
a-b) The property is not categorized or referenced within the General Plan as having mineral deposits of
value to the region and has not been recognized as being a locally important mineral resource recovery
site. Based on the above discussion, the project does not present the potential for a significant adverse
effect on the environment related to mineral resources. No mitigation is necessary or required in
relation to impacts on Mineral Resources.
(Sources: Review of the project, Saratoga General Plan Open Space Element)
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XII. NOISE: Would the project result in: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Exposure of persons to or generation of noise levels in excess of
standards established in the local general plan or noise ordinance, or
applicable standards of other agencies?
X
b) Exposure of persons to or generation of excessive groundborne vibration
or groundborne noise levels? X
c) A substantial permanent increase in ambient noise levels in the project
vicinity above levels existing without the project? X
d) A substantial temporary or periodic increase in ambient noise levels in the
project vicinity above levels existing without the project? X
e) For a project located within an airport land use plan or, where such a plan
has not been adopted, within two miles of a public airport or public use
airport, would the project expose people residing or working in the project
area to excessive noise levels?
X
f) For a project within the vicinity of a private airstrip, would the project
expose people residing or working in the project area to excessive noise
levels?
X
DISCUSSION:
The project site is subject to several sources of urban noise including vehicular traffic on Mt. Eden
Road. a-d) The project will not a) expose persons to or generation of noise levels in excess of standards
established in the City’s general plan or noise ordinance; b) expose persons to or generate excessive
groundborne vibration or groundborne noise levels; c) create a substantial permanent increase in
ambient noise levels in the project vicinity above levels existing without the project; or d) create a
substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels
existing without the project. e-f) The project is not located within an airport land use plan or within two
miles of a public airport or public use airport or within the vicinity of a private airstrip. Based on the
above discussion, No mitigation is necessary or required in relation to Noise impacts.
(Sources: Saratoga General Plan Noise Element)
XIII. POPULATION AND HOUSING: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
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a) Induce substantial population growth in an area, either directly (for example,
by proposing new homes and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
X
b) Displace substantial numbers of existing housing, necessitating the
construction of replacement housing elsewhere? X
c) Displace substantial numbers of people, necessitating the construction of
replacement housing elsewhere? X
DISCUSSION:
a-c) The project involves the demolition of one single-family home and one ancillary structures and
construction of one single-family home and one secondary dwelling unit in a neighborhood developed
with similarly sized single-family homes on similarly sized lots. The prject does not have the potential to
induce substantial population growth, displace substantial numbers of existing housing, or displace
substantial numbers of people. Based on the above discussion, the project does not present the potential
for a significant adverse effect on the environment related to population and housing. No mitigation is
necessary or required in relation to impacts on Population and Housing.
(Sources: Review of the project, Saratoga General Plan Housing Element)
XIV. PUBLIC SERVICES: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for
new or physically altered governmental facilities, the construction of which could
cause significant environmental impacts, in order to maintain acceptable service
ratios, response times or other performance objectives for any of the public
services:
Fire protection? X
Police protection? X
Schools? X
Parks? X
Other public facilities? X
DISCUSSION:
a) Fire protection services are provided by the Santa Clara County Fire District. Development of the
project will comply with the most current Building and Fire Code requirements. Police protection is
provided by the Santa Clara County Sheriff’s Office, West Valley Division. The project site is already
served by the Sheriff’s Office, and development of the project would not affect their ability to provide
services. The project site is located in the Los Gatos Union School District and the Saratoga High
School District. Development of the project would result in a negligible increase in the number of school
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age children attending local schools. Park in-lieu fees would be collected for any net increase in
residences to help fund improvements to City parks. The City is served by the Santa Clara County
Library System, which has a branch library located in Saratoga. Property taxes and assessments fund the
library operations.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Public Services.
(Sources: Review of the project, Saratoga General Plan. Saratoga Municipal Code)
XV. RECREATION: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of existing neighborhood and regional parks
or other recreational facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
X
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities which might have an adverse physical effect on
the environment?
X
DISCUSSION:
a-b) The project will not increase the use of existing neighborhood, regional or other recreational
facilities, nor does the project require construction or expansion of recreational facilities. The project
will require dedication of a trail easement to connect with other existing trail easements; however the
trail extension is not being completed at this time and future construction of the trail is not expected to
have an adverse physical effect on the environment. Based on the above discussion, No mitigation is
necessary or required in relation to impacts on Recreation.
(Source: Review of the project, Saratoga General Plan Open Space Element)
XVI. TRANSPORTATION/TRAFFIC: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system, taking into account all
modes of transportation including mass transit and non-motorized travel and
relevant components of the circulation system, including but not limited to
intersections, streets, highways and freeways, pedestrian and bicycle paths, and
mass transit?
X
b) Conflict with an applicable congestion management program, including, but not
limited to level of service standards and travel demand measures, or other
standards established by the county congestion management agency for
designated roads or highways?
X
c) Result in a change in air traffic patterns, including either an increase in traffic
levels or a change in location that results in substantial safety risks? X
230
City of Saratoga Environmental Initial Study and Mitigated Negative Declaration
22100 Mt. Eden Road
Page 27
d) Substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)? X
e) Result in inadequate emergency access? X
f) Conflict with adopted policies, plans or programs regarding public transit,
bicycle, or pedestrian facilities, or otherwise decrease the performance or safety
of such facilities?
X
DISCUSSION:
a-f) The proposed project would construct one new single-family residence and one new secondary
dwelling unit. The project is projected to generate a negligible amount of new vehicle traffic. The
project will not conflict with any City plan, ordinance, or policy or applicable congestion management
program. The proposed project would not result in a change in traffic patterns, substantially increase
hazards due to a design feature, or result in inadequate emergency access. The proposed project will not
conflict with any adopted policies or plans supporting alternative transportation. Therefore no
mitigation is necessary or required in relation to transportation and traffic.
XVII. UTILITIES AND SERVICE SYSTEMS: Would the project: Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No Impact
a) Exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board? X
b) Require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities, the construction of
which could cause significant environmental effects?
X
c) Require or result in the construction of new storm water drainage
facilities or expansion of existing facilities, the construction of which could
cause significant environmental effects?
X
d) Have sufficient water supplies available to serve the project from existing
entitlements and resources, or are new or expanded entitlements needed? X
e) Result in a determination by the wastewater treatment provider which
serves or may serve the project that it has adequate capacity to serve the
project’s projected demand in addition to the provider’s existing
commitments?
X
f) Be served by a landfill with sufficient permitted capacity to accommodate
the project’s solid waste disposal needs? X
g) Comply with federal, state, and local statutes and regulations related to
solid waste? X
DISCUSSION:
231
City of Saratoga Environmental Initial Study and Mitigated Negative Declaration
22100 Mt. Eden Road
Page 28
The project involves demolition of an existing residence and one ancillary structure and construction of
one new single-family residence and one new secondary dwelling unit on a single-family residentially
zoned property for residential purposes. Water supply to the project site is served by Santa Clara Valley
Water and sewer services are provided by Cupertino Sanitation District. Development of the proposed
project would not significantly increase the demand for water or sanitary sewer facilities. Development
of the proposed project would not significantly increase stormwater runoff compared to existing
conditions.
a-c) The project would not a) exceed wastewater treatment requirements of the applicable Regional
Water Quality Control Board; b) require or result in the construction of new water or wastewater
treatment facilities or expansion of existing facilities; c) require or result in the construction of new
storm water drainage facilities or expansion of existing facilities;
e-g) The project would d) have sufficient water supplies available to serve the project from existing
entitlements and resources; e) have adequate capacity to serve the project’s projected wastewater
treatment demand in addition to the provider’s existing commitments; f) be served by a landfill with
sufficient permitted capacity to accommodate the project’s solid waste disposal needs; and g) comply
with federal, state, and local statutes and regulations related to solid waste.
Based on the above discussion, No mitigation is necessary or required in relation to impacts on
Utilities and Service Systems.
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE Potentially
Significant
Impact
Less Than
Significant
with Mitigation
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels, threaten
to eliminate a plant or animal community, substantially reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history or prehistory?
X
b) Does the project have impacts that are individually limited, but cumulatively
considerable? ("Cumulatively considerable" means that the incremental
effects of a project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of
probable future projects)?
X
c) Does the project have environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly? X
DISCUSSION:
This environmental document covers the impacts of the proposed development, which includes an
application for Design Review to construct one new single-family residence and one new secondary
dwelling unit, conditional use permit for an equestrian stable and associated uses, and a variation from
standards for excess lot coverage. The identified mitigation measures will reduce all potentially
significant impacts to a less-than-significant level.
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City of Saratoga Environmental Initial Study and Mitigated Negative Declaration
22100 Mt. Eden Road
Page 29
GENERAL SOURCE REFERENCES:
1. City of Saratoga General Plan (Land Use, Circulation , Open Space & Conservation, Noise, and
Safety Element)
2. City of Saratoga Zoning Ordinance and Map
PROJECT RELATED SOURCES/REFERENCES:
3. Project Plans
4. Arborist Report prepared by Kate Bear, dated June 7, 2011
5. Biotic Assessment prepared by H.T. Harvey & Associates dated December 7, 2006
6. Geotechnical Review and Clearance, dated September 9, 2011
7. Letter from H.T. Harvey & Associates dated January 6, 2012
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CITY OF SARATOGA PLANNING COMMISSION
ACTION MINUTES
DATE: Wednesday, February 08, 2012 - 7:00 PM
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
ROLL CALL
Commissioners – Chair Douglas Robertson, Vice-Chair Tina K. Walia, Mary-Lynne Bernald, Pragati Grover, Joyce
Hlava, David Reis and Yan Zhao
PLEDGE OF ALLEGIANCE
MINUTES
Action Minutes from the Regular Planning Commission Meeting of January 25, 2012 (Approved 6:0:1(Hlava –
abstain))
ORAL COMMUNICATION
Any member of the Public will be allowed to address the Planning Commission for up to three minutes on matters not
on this agenda. The law generally prohibits the Planning Commission from discussing or taking action on such items.
However, the Planning Commission may instruct staff accordingly regarding Oral Communications under Planning
Commission direction to Staff.
ORAL COMMUNICATIONS- PLANNING COMMISSION DIRECTION TO STAFF
REPORT OF POSTING AGENDA
Pursuant to the Government Code 54954.2, the agenda for this meeting was properly posted on February 2, 2012
REPORT OF APPEAL RIGHTS
If you wish to appeal any decision on this Agenda, you may file an “Appeal Application” with the City Clerk
within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050 (b).
All interested persons may appear and be heard at the above time and place. 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.
PUBLIC HEARING
1. APPLICATION PDR11-0024/15100 Park Drive (510-01-190) Mittal & Singh - The applicant is
requesting approval of a Design Review application to construct a 5,105 square foot, approximately 26 feet
tall, two-story single-family home. The existing house on the lot will be removed. Four trees are proposed
for removal and include a 15” Arizona Cypress, a 24.4” California sycamore, a 17.2” London plane, and a
13.8” London plane. (Christopher Riordan, AICP) (Approved, 7:0)
2. APPLICATIONS PDR11-0026, GRE11-0001, VAR11-0005/22551 Mount Eden Road (503-13-117)
Smit - The applicant is requesting approval of a Design Review application for a new 4,179 square foot,
25’ tall two story single family home and a 442 square foot guest house with a request for Variances to
reduce the required front setback from 70’-6” to 30’ and to construct on slopes in excess of 40%. The
project would also include a Grading Exception to exceed 1,000 cubic yards of grading. (Christopher
Riordan, AICP, Senior Planner) (Continued to March 28, 2012 hearing, 7:0)
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3. APPLICATION PDR11-0021/14422 Big Basin Way (517-09-017) MBA Architects & Klear - The
applicant is requesting approval of a Design Review application to construct a 3,994 square foot, 35-feet
tall three story office building located at 14422 Big Basin Way behind the Mint Leaf Restaurant. The
existing two story single family home will be removed. The existing driveway/alley would be remodeled
into a landscape courtyard to include an outdoor dining area for the Mint Leaf Restaurant. (Christopher
Riordan, AICP) (Continued to March 14, 2012 hearing, 7:0)
4. APPLICATION PDR11-0010 & CUP11-0007; 22100 Mt. Eden Road (503-09-005); John and Tara
Couch - The project is a request for design review approval, a use permit, and variation from standards for
lot coverage. The applicant has deconstructed the existing home, barn/stable, horse corral, and swimming
pool. The project would include a new 6,072 square foot two-story home with attached garage, 876 square
foot secondary dwelling unit, and existing 1,620 square foot detached garage. In the future, the applicant
would construct a 5,402 square foot stable and feed shed plus additional lot coverage for an outdoor kitchen
and driveway around the equestrian uses. The total proposed floor area on the site would be 13,971 square
feet and the total proposed lot coverage would be 42,019 square feet. The project has been the subject of a
Mitigated Negative Declaration under the California Environmental Quality Act. The project would be
subject to a Development Agreement and would include a conservation easement over the steepest portion
of the lot. The City Arborist has made findings for removal of eight protected trees to construct the project.
(Cynthia McCormick, Planner, AICP) (Approved as amended with a change to the conditions, 7:0
Deed Restriction: Trails Easements. The property Owner shall record a deed restriction,
satisfactory to the Community Development Director, dedicating trail easements to the City of
Saratoga as provided in the Trail Easement Agreement and depicted on the Trails Master Plan
included in the Open Space Conservation Element of the City of Saratoga General Plan.
Specifically, the property Owner shall dedicate an equestrian trail easement from Mt. Eden Road
to the north-east property corner. In addition, the property Owner shall dedicate a pedestrian and
equestrian easement in the vicinity of existing roadway located in existing Ingress and Egress
Easement along a portion of the southerly property line. This easement shall be a floating
easement to assure the trail slope is feasible for equestrians and to avoid conflict with vehicular
traffic on the roadway. A legal description and plat plan or a verbal trail description shall be
prepared for each trail easement dedication and submitted to the City Public Works Department
for review and approval. The width and exact location of the trail easements are subject to
approval by the Public Works Department. These Trail Easements shall be recorded on the deed
prior to issuance of Zoning Clearance for a Building Permit.)
5. Removal of the timeline for the surplus parking provision in the C-H district (City Code Section 15-
35.020(k). - The off-street parking requirements in any C-H district would be waived until the available
excess parking surplus has been utilized. (Cynthia McCormick, Planner, AICP) (Approved, 7:0)
NEW BUSINESS
DIRECTORS ITEM
COMMISSION ITEMS
COMMUNICATIONS
ADJOURNMENT TO NEXT MEETING
- Wednesday, February 22, 2012 at 7:00 p.m. in the Council Chambers/Civic Theater
13777 Fruitvale Avenue, Saratoga, CA
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 or ctclerk@saratoga.ca.us. 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).
235
CERTIFICATE OF POSTING OF AGENDA
I, Abby Ayende, Office Specialist III for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council was posted and available for public review on February 2, 2012 at the City of
Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at
www.saratoga.ca.us
If you would like to receive the Agenda’s via e-mail, please send your e-mail address to planning@saratoga.ca.us
NOTE: To view previous Planning Commission meetings anytime, go the City Video Archives at
www.saratoga.ca.us
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SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Public Hearing on Resolution Ordering Abatement of a Public Nuisance by Removal
of Hazardous Vegetation (Weeds)
RECOMMENDED ACTION:
Open the public hearing, listen to public testimony, and close public hearing. Consider any
objections to the proposed Order for Abatement of Hazardous Vegetation and sustain or overrule
any objections as to specific properties. Adopt the resolution ordering abatement as to specified
properties (with modifications if any objections are sustained).
BACKGROUND:
At the December 21, 2012 City Council Meeting, Council adopted a resolution declaring
hazardous vegetation (weeds) to be a public nuisance and started the first step in the annual
Weed Abatement Program process conducted by the Santa Clara County Department of
Agriculture. The County’s Weed Abatement Program prevents the accumulation of vegetative
growth and combustible materials that represent fire hazards. Properties in the City that currently
have or have recently had an accumulation of weeds or other combustible debris are listed in the
2012 Weed Abatement Commencement Report prepared by the County.
Following adoption of the resolution declaring hazardous vegetation to be a public nuisance,
property owners of parcels on the Commencement Report were notified by the County that they
could protest listing of their properties on Commencement Report during a public hearing that
took place during the January 18, 2012 City Council Meeting. No objections were raised and
Council adopted a resolution declaring the abatement of hazardous vegetation on properties
specified on the 2012 Weed Abatement Commencement Report. This second step in the Weed
Abatement Program authorized the County to perform an inspection of properties on the
Commencement Report to determine if the Weed Abatement Program requirements have been
met.
A second notice was sent to property owners in March to remind that that they have until April
15, 2012 to comply with abatement requirements. Property owners that do not meet minimum
fire safety standards by April 15, 2012 will be charged a $250 inspection fee and the property
will be scheduled for abatement by the County contractor. If abatement work is completed by the
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County contractor, the property owner will be assessed the contractor’s fees to perform the work
plus an administrative fee of $169 per parcel. Additionally, if this is the property owner’s first
year in the Weed Abatement Program then the property owner will be responsible for a $41 fee to
cover the costs associated with creating and maintaining a file on the property.
To continue the Weed Abatement Program process, Council should adopt the attached resolution
ordering the abatement of hazardous vegetation (weeds). Council may sustain or overrule any
objections to the properties listed on the 2012 Commencement Report.
FISCAL IMPACTS:
There are no direct financial impacts to the City of Saratoga as a result of the Weed Abatement
Program. The Santa Clara County Department of Agriculture expenses are recovered through the
Weed Abatement Program administrative fees charged to property owners.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The Weed Abatement Program in the City of Saratoga would not proceed.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
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. Additionally, the public hearing on this item was
noticed in the Saratoga News on March 6, 2012.
ATTACHMENTS:
Attachment A: Resolution Ordering Abatement of Hazardous Vegetation
Attachment B: 2012 Weed Abatement Program Commencement Report
Attachment C: Resolution 11-081 Declaring Hazardous Vegetation (Weeds) to be a Public
Nuisance
Attachment D: Resolution 12-004 Declaring Abatement of a Public Nuisance as to Specified
Properties Containing Hazardous Vegetation
238
RESOLUTION 12-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF
HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC NUISANCE
WHEREAS, the Saratoga City Council declared hazardous vegetation to be a public nuisance through
adoption of Resolution No. 11-081 at the December 21, 2011 City Council Meeting; and
WHEREAS, the Saratoga City Council adopted Resolution No. 12-004 declaring abatement of
hazardous vegetation on specified properties; and
WHEREAS, the Office of the County Agricultural Commissioner has given written notice to all
property owners of specific properties identified as containing hazardous vegetation (weeds) described by
common name or by reference to the tract, block, lot, code area and parcel number on the report prepared by
and on file in the Office of the City Clerk and of the County Agricultural Commissioner; and
WHEREAS, the Saratoga City Council conducted a public hearing on March 21, 2012 to determine
whether to order abatement of hazardous vegetation and assess fees associated with removal of hazardous
vegetation by the County of Santa Clara Agricultural Commissioner if property owners fail to remove
hazardous vegetation prior to April 15, 2012
WHEREAS, property owners on the 2012 Weed Abatement Program Commencement Report had the
opportunity to voice objections to the abatement order at the duly noticed public hearing scheduled for the
March 21, 2012 City Council Meeting; and
WHEREAS, after consideration of any and all objections to the proposed order for abatement, the City
Council overrules any and all objections and finds that the requisite basis for adopting such order for abatement
exist;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Saratoga that:
1. The recitals set forth above are true and correct; and
2. The hazardous vegetation (weeds and other materials) on the properties listed in Exhibit A attached
hereto continues to be declared a nuisance; and
3. The hazardous vegetation (weeds and other materials) on the properties in Exhibit A attached hereto is
ordered abated by the County of Santa Clara Agricultural Commissioner’s Office on or after April 15,
2012; and
4. The owner of each of the properties listed in Exhibit A shall owe and be responsible for payment of all
abatement costs imposed by the County on such owner’s property, including but not limited to the
following:
a. If this is the property owner’s first year in the Weed Abatement Program, the property owner
will be responsible for a fee of $41 per parcel to cover the cost of creating and maintaining a file
in the County’s database;
b. If the property owner fails to complete abatement work prior to the County inspection of the
property, the property owner will be responsible for an inspection fee of $250 per parcel and the
property will be scheduled for abatement by the County contractor;
c. If the property owner completes the abatement work before the County contractor, the property
owner will not incur further charges beyond those described above;
d. If the abatement work is completed by the County contractor, the property owner will be
assessed the contractor’s charges plus an administrative fee of $169.
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5. Nonpayment of the abatement costs imposed by the County (including but not limited to those described
above) will result in the same being levied as a special assessment against the property, to be collected at
the same time and in the same manner as ordinary real estate taxes.
Attachments:
Exhibit A – 2012 Weed Abatement Program Commencement Report
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council
held on the 21st day of March 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson
PREPARED BY: Michael Taylor, DIRECTOR: Michael Taylor
Recreation & Facilities Director
SUBJECT: Blaney Plaza Reservation Policy
RECOMMENDED ACTION:
Review report and provide direction to staff regarding the Blaney Plaza Reservation Policy.
BACKGROUND:
At the April 20, 2011 meeting, after considerable deliberation, Council established a reservation
fee for guaranteed exclusive use of Blaney Plaza. Designated as a reservation fee only, rather
than a rental fee, Council agreed to allow up to 5 reserved days per month for $25. Staff was
directed to monitor and track the reservations of Blaney Plaza and report back after one year.
DISCUSSION:
To date, the only reserved use of Blaney Plaza since that meeting has been the Wednesday
Farmer’s Market. The Market is regulated through the Conditional Use Permit process and not
subject to the reservation policy. Staff has received no other requests for the reservation or use of
the Plaza.
FISCAL IMPACTS:
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
None.
ALTERNATIVE ACTION:
Council could decide to eliminate or revise the reservation fee for Blaney Plaza.
FOLLOW UP ACTION:
If policy amendments are approved, staff will revise practices and procedures accordingly.
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.
253
2
ATTACHMENTS:
None.
254
SARATOGA CITY COUNCIL
MEETING DATE: March 21, 2012 AGENDA ITEM:
DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson
PREPARED BY: Michael Taylor DIRECTOR: Michael Taylor
SUBJECT: Saratoga Village Light Poles Vertical Banner Policy
RECOMMENDED ACTION:
Staff recommends adopting the attached Policy Regulating the Public Use of Banners on the
Saratoga Village Light Poles.
REPORT SUMMARY:
Staff has recently received a number of requests from Saratoga groups regarding hanging
banners from the Village light poles. Past practice has been to discourage such banners due to the
lack of resources and a lack of policy.
Staff proposes that a new policy be created allowing the City to manage the use of banners on the
twenty six (26) available Village light poles. Staff recommends a simplified policy that will not
burden current resources, yet protects the City from liability.
The proposed policy creates a new “Reservation Fee” of $200 per reservation to process the
applications, manage the calendar, and collect the certificates of insurance. A new “Security
Deposit” of $500 is also proposed that will be refunded to the user upon successful completion of
the banner reservation. City staff would release a public notice in June to previous banner users
and various local community organizations announcing the availability of the program. In future
years, this public notice will be included in the Recreation Activity Guide. Reservations would
be accepted initially on a “first-come, first-served” basis with the following priority:
1. City of Saratoga sponsored activities,
2. Groups who have previously hung banners,
3. Saratoga-based non-profit organizations or events, and
4. New groups.
User groups will be assigned dates on a master calendar and be allowed to hang banners for up to
two weeks at a time, twice per year. Users will be completely responsible for their own banners,
required to use a licensed and permitted installer, provide a copy of a $1 million certificate of
insurance naming the City as additional insured, and remove the banners immediately on the last
date of the reservation.
255
FISCAL IMPACTS:
None. All new fees created would comply with Proposition 26.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
There would be no official policy regulating the use of vertical banners on the Saratoga Village
light poles.
ALTERNATIVE ACTION:
Option 1 – No Policy.
Council could choose to continue existing practices with no formal policy.
Option 2 – Alternative Policy.
Council could choose to create an alternative policy to the current proposal.
FOLLOW UP ACTION:
Staff will implement Council direction.
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:
Attachment A – Proposed Policy Regulating the Public Use of Banners on the Saratoga Village
Light Poles
256
Proposed 03/21/2012
Policy Regulating the Public Use of Banners on the
Saratoga Village Light Poles
1. Non-Profit Organizations advertising community events or organizations
advertising Saratoga-based non-profit events may hang banners on Saratoga
Village light poles. Groups may be asked to show proof of non-profit or Saratoga
residency status.
2. In June of each year, community groups will be asked to submit their requests for
preferred dates from July 1st to June 30th to hang a banner on Saratoga Village
light poles. The City will consider all requests and finalize the schedule for the
coming fiscal year. Dates open after the calendar is established can be filled
throughout the year.
3. Requests will be given the following priority: 1) City of Saratoga sponsored
activities, 2) groups who have previously hung banners, 3) Saratoga-based non-
profit organizations or events, and 4) new groups.
4. Banners may be hung fourteen (14) days per usage, from Monday through
Sunday, no more than twice per year.
5. All banners will be the responsibility of the reserving group. The user group is
required to use a licensed and permitted installer. At least thirty days prior to the
first day of the reservation, the user group must present a copy of a certificate of
insurance in the amount of $1 million, naming the City as additional insured from
an approved installer.
6. Groups will be charged a fee of $200 per reservation plus a refundable $500
security deposit. Please make checks payable to the City of Saratoga. Checks are
due when the schedule request is confirmed.
7. Banners must be removed immediately on the Monday following the
reservation. Security deposit will be forfeited for any late removal. Any banners
not removed according to this policy may be removed and disposed of by the
City.
8. To ensure that your banners be highly effective and properly placed, the following
standards must be met:
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Proposed 03/21/2012
a) Banners should be exactly three (3) feet long by two (2) feet wide.
b) Banners must be made from a heavy-duty canvas or awning type of
material.
c) Depending on the type and weight of banner fabric, it is recommended the
half moon cuts be sewn to avoid tearing and/or ripping.
d) Banners should be two-sided.
9. The City of Saratoga assumes no responsibility or liability for banners, theft,
damage or injury that may result from the placement of banners.
10. The City of Saratoga will be exempt from the fee requirement and the limitation
of time per year.
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