HomeMy WebLinkAbout12-15-2010 City Council agenda packet1
SPECIAL MEETING –6:30 P.M. ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 6:30 P.M.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
December 9, 2010)
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.
ADJOURN TO CLOSED SESSION
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LEGAL COUNSEL –
ANTICIPATED LITIGATION – Significant exposure to litigation pursuant to
Government Code Section 54956.9 (b) (1 potential case)
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.
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
DECEMBER 15, 2010
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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, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council was posted on December 9, 2010, at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that
location. The agenda is also available on the City’s website at www.saratoga.ca.us
Signed this 9th day of December 2010 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
Table of Contents
Agenda 3
Commendation for Rebecca Elliot – Regional Public Affairs
Manager for League of California Cities
Staff Report 9
Commendation for Saratoga Cub Scout Pack 508
Staff Report 11
Commendation 13
Commendation for Captain Terry Calderone – Santa Clara
County Sheriff’s Office – Westside Station
Staff Report 14
City Council Regular Meeting Minutes – November 17, 2010
Staff Report 16
Minutes 17
City Council Reorganization Meeting Minutes – November 30,
2010
Staff Report 28
Minutes 30
City Council Regular Meeting Minutes – December 1, 2010
Staff Report 35
Minutes 36
Review of Accounts Payable
12/15/2010 Staff Report 43
Check Register - 11-24-2010 45
Check Register 12-2-2010 48
Resolution Adopting Council Agency Assignments and AdHoc
Committee Appointments
Staff Report 52
Resolution 54
2011 Hazardous Vegetation Program Commencement
Resolution
Staff Report 56
Resolution 58
Security Door Lock Project – Award of Contract with Stanley
Security
Staff Report 60
Attachment A - Bid 62
Attachment B - Contract 64
Attachment C - Warranty 87
Records Management Program: Resolutions Authorizing Final
Disposition of Certain City Records
Staff Report 89
Resolution 91
List of Records for Final Disposition 92
Parking Violation Penalty Surcharge
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Parking surcharge 96
Parking penalty schedule 99
Commission Qualifications and Expiring Terms
Staff Report 101
Public Hearing and Adoption of (1) Ordinance Adopting and
Amending 2010 California Building Standards Building,
Residential Building, Electrical, Mechanical, Plumbing, Fire, and
Green Building Standards Codes with Modifications for Local
Conditions, and (2) Resolution regarding the need to modify the
California Building Code due to local conditions.
Building Code Staff Report 105
Blidg Code Ex. A - Ordinance 106
Bldg Code Ex. B - Resolution 168
Bldg Code Ex. C - Prior Staff Report 188
Status of January 19, 2011 Council Meeting
Staff Report 202
LCC Letter 204
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WEDNESDAY, DECEMBER 15, 2010
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
December 9, 2010)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Commendation for Rebecca Elliot – Regional Public Affairs Manager for League of
California Cities
Recommended action:
Read and present commendation.
2. Commendation for Saratoga Cub Scout Pack 508
Recommended action:
Read and present commendation.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
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3. Commendation for Captain Terry Calderone – Santa Clara County Sheriff’s Office –
Westside Station
Recommended action:
Read and present commendation.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
4. City Council Regular Meeting Minutes – November 17, 2010
Recommended action:
Approve minutes.
5. City Council Reorganization Meeting Minutes – November 30, 2010
Recommended action:
Approve minutes.
6. City Council Regular Meeting Minutes – December 1, 2010
Recommended action:
Approve minutes.
7. Review of Accounts Payable
Recommended action:
The the City Council review and accept the check registers for the following accounts
payable cycles:
November 24, 2010
December 2, 2010
8. Resolution Adopting Council Agency Assignments and AdHoc Committee
Appointments
Recommended action:
Adopt resolution.
9. 2011 Hazardous Vegetation Program Commencement Resolution
Recommended action:
Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and
Setting Public Hearing.
10. Security Door Lock Project – Award of Contract with Stanley Security
Recommended action:
Review report and
1. Move to declare Stanley Security Solutions, Inc. (Stanley) of Fremont to be the
lowest responsible bidder on the project.
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2. Move to accept bid and authorize the City Manager to enter into a construction
contract with Stanley for phase one of the project in the amount of $25,190.49.
3. Move to accept bid and authorize the City Manager to enter into a construction
contract with Stanley for the optional phase two of the project in the amount of
$32,337.83.
4. Move to authorize staff to execute change orders to the contract up to $5,500.
11. Records Management Program: Resolutions Authorizing Final Disposition of Certain
City Records
Recommended action:
Adopt Resolution Authorizing Final Disposition of Certain City Records.
12. Parking Violation Penalty Surcharge
Recommended action:
Adopt resolution approving a three-dollar increase for parking violations
13. Commission Qualifications and Expiring Terms
Recommended action:
Accept the list of Commission qualifications and terms expiring in the 2011 calendar
year.
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
14. Public Hearing and Adoption of (1) Ordinance Adopting and Amending 2010
California Building Standards Building, Residential Building, Electrical, Mechanical,
Plumbing, Fire, and Green Building Standards Codes with Modifications for Local
Conditions, and (2) Resolution regarding the need to modify the California Building
Code due to local conditions.
Recommended action:
Staff recommends that the City Council:
(1) Conduct a public hearing concerning the attached ordinance and resolution
introduced at the City Council meeting of December 1, 2010;
(2) Adopt the Ordinance Adopting and Amending 2010 California Building
Standards Building, Residential Building, Electrical, Mechanical, Plumbing, Fire, and
Green Building Standards Codes with Modifications for Local Conditions; and
(3) Adopt Resolution Adopting Findings of Fact regarding the need to modify the
California Building Code due to local conditions.
OLD BUSINESS
None
NEW BUSINESS
15. Status of January 19, 2011 Council Meeting
Recommended action:
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Consider cancelling the January 19, 2011, Council meeting to allow newly appointed
Mayor, newly elected and newly appointed Council Members to attend the League of
California Cities conference.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Howard Miller
City School Ad-Hoc
Council Finance Committee
Electric Vehicle Charging Stations Adhoc
Highway 9 Adhoc
KSAR
Santa Clara County Cities Association Board
West Valley Solid Waste Joint Powers Authority
West Valley Transportation Authority PAC
Vice Mayor Chuck Page
City School Ad-Hoc
Council Finance Committee
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
West Valley Sanitation District
Councilmember Jill Hunter
Hakone Foundation Board
Historical Foundation
Library Joint Powers Association
Village AdHoc
Susie’s Garden Adhoc
Tree Adhoc
Councilmember Manny Cappello
Chamber of Commerce
County HCD Policy Committee
Electric Vehicle Charging Stations Adhoc
Highway 9 Adhoc
Santa Clara County Emergency Council
SASCC
Sister City Liaison
Village Adhoc
Councilmember Emily Lo
[Assignments will be determined at the December 15, 2010 Council Meeting]
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
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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, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on December 9, 2010,
at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for
public review at that location. The agenda is also available on the City’s website at
www.saratoga.ca.us
Signed this 9th day of December 2010 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
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1/5/11 Regular Meeting
1/19 Regular Meeting
2/2 Regular Meeting
2/16 Regular Meeting
3/2 Regular Meeting
3/16 Regular Meeting
4/6 Regular Meeting
4/20 Regular Meeting
5/4 Regular Meeting
5/18 Regular Meeting
6/1 Regular Meeting
6/15 Regular Meeting
7/6 Regular Meeting
7/20 Regular Meeting
8/3 Regular Meeting
8/17 Regular Meeting
9/7 Regular Meeting
9/21 Regular Meeting
10/5 Regular Meeting
10/19 Regular Meeting
11/2 Regular Meeting
11/16 Regular Meeting
12/6 Council Reorganization
12/7 Regular Meeting
12/21 Regular Meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2011
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SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation for Rebecca Elliot – Regional Public Affairs Manager for
League of California Cities
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached commendation recognizes Rebecca Elliot, Regional Public Affairs Manager for the
League of California Cities, for her outstanding dedication to the cities in the Peninsula Division
in the State of California.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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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ATTACHMENTS:
Copy of the Commendation.
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SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation for Saratoga Cub Scout Pack 508
RECOMMENDED ACTION:
Read and present commendation.
REPORT SUMMARY:
The attached commendation recognizes the outstanding community service provided by Saratoga
Cub Scout Pack 508.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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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ATTACHMENTS:
Copy of the Commendation.
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COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
““SSAARRAATTOOGGAA CCUUBB SSCCOOUUTT PPAACCKK 550088””
WHEREAS, Scouting was founded in England in 1907 by Lord Baden-Powell; and
WHEREAS, The Boy Scouts of America, founded by William Boyce on February 8, 1910,
was created to help prepare young people to make ethical and moral choices over their lifetime by
instilling in them the values of the scout oath and laws; and
WHEREAS, the year 2010 marks the 100th year since the original founding of this
institution; and
WHEREAS, Pack 508 was originally chartered on May 1, 1965 by the Fruitvale School
PTA, and has been continuously re-chartering for the past 45 years. In 1978 the chartering moved to
Argonaut Booster Club and then to Argonaut Elementary School, making them the oldest chartered
cub scout pack in the history of Saratoga; and
WHEREAS, Pack 508 Cub Scouts continue to be active stewards of the environment
by participating in the annual Saratoga Creek Clean up; serving the community by collecting
donations for Meals on Wheels; managing the collection and delivery of items for various charitable
organizations, including the San Jose Animal Shelter; contributing many additional hours of service
throughout the community as a pack or as individual dens; and participating in numerous community
projects that are important to the residents of Saratoga; and
WHEREAS, on behalf of Second Harvest Food Bank, Pack 508’s “scouting for food”
efforts this year resulted in the fourth largest collection of food in Santa Clara County. The collected
food will go to West Valley Community Services to help families in need throughout the County;
and
WHEREAS, in 2010, Pack 508 collected over 80 pounds of candy, and with assistance
from scouts in the Tigers Den – the youngest of scout members, they have written letters to the
brave men and women serving overseas in the United States military; and
WHEREAS, Pack 508 scouts are known for their: Trustworthiness, Loyalty, Helpfulness,
Friendliness, Kindness, Cheerfulness, Thriftiness, Braveness, Cleanliness and for being Courteous,
Obedient and Reverent; and
WHEREAS, on a daily basis Pack 508 scouts, along with the support of their parents and
dedicated Scout Leaders, demonstrate the value of Citizenship, Compassion, Cooperation, Courage,
Faith, Health and Fitness, Honesty, Perseverance, Positive Attitude, Resourcefulness, Respect and
Responsibility.
NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Saratoga does hereby
congratulate and commend the members of Pack 508 for their outstanding achievements and
dedication to the community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 15th day of
December 2010.
Howard A. Miller, Mayor
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SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation for Captain Terry Calderone – Santa Clara County Sheriff’s
Office – Westside Station
RECOMMENDED ACTION:
Read and present commendation.
REPORT SUMMARY:
The attached commendation recognizes Terry Calderone, Captain of the Santa Clara County
Sheriff’s Office Westside Station for his outstanding service and dedication to the Saratoga
community.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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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ATTACHMENTS:
The Commendation will be made available the evening of the Council meeting.
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SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Regular Meeting Minutes – November 17, 2010
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the November 17, 2010, City Council Regular Meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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 – Minutes from the November 17, 2010, City Council Regular Meeting.
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MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
NOVEMBER 17, 2010
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel – Existing Litigation – (2 cases) Government Code
Section 54956.9(a)
Fox v. City of Saratoga et al. (Santa Clara County Superior Court Case
No. 1-09CV-154579)
Blum v. City of Saratoga et al. (Santa Clara County Superior Court Case
No.1-10-CV-167113)
MAYOR’S REPORT ON CLOSED SESSION
Mayor King stated there was no reportable information.
The City Council held a Joint Meeting with members of the Hakone Foundation in the
Administrative Conference Room at 6:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and asked
Angela Ann McConnell, Executive Director of Montalvo Arts Center, to lead the Pledge
of Allegiance.
ROLL CALL
PRESENT: Councilmembers Manny Cappello, Chuck Page, Howard Miller,
Vice Mayor Jill Hunter and Mayor Kathleen King
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Jonathan Wittwer, Assistant City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Fossati, Assistant Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda
for the meeting of November 17, 2010 was properly posted on November 10, 2010.
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COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Lon Saavedra, Executive Director and CEO of Hakone Gardens, provided a brief report
on the Joint Meeting held with the City Council at 6:00 p.m. He noted there are several
big events scheduled in 2011 including: the Chinese Lunar New Year on March 6, 2011;
the annual Matsuri Festival on May 15; the Grand Tea Ceremony; the Divali Festival;
and the third Annual Autumn Opera, which is held the first weekend after Labor Day.
Kia Fariba, Chair of the Saratoga Youth Commission, addressed the Council regarding
the civic engagement activities the Youth Commissioners are involved in. He noted their
goal for 2010/2011 was to build strong roots with other commissions, including working
with the Saratoga Parks and Recreation Commission and the Monte Sereno Youth
Commission. Some of the events they are working on include: the annual Arbor Day
event; One Dollar for Life Foundation; and the creation of the Teen Friendly Business
Award. The commission is also working with business owners in the Village to help
create a more teen friendly downtown environment by offering special incentives to bring
teens into their shops. The Commission would like to present the first “business award”
to a Village shop in early January or February. The award would be passed from one teen
friendly business to the next each month.
DIRECTION TO STAFF
None
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Dr. Stutzman addressed the Council regarding his support of Measure Q.
Trish Cypher also spoke about Measure Q and her support of the Measure.
Cheriel Jensen addressed the Council regarding the Smart Meters and the potential
negative health effects on people.
Glen Crown addressed the Council regarding Recreational Vehicle (RV) parking on
Vanderbilt Drive and other residential streets for extended periods of time and the use of
the RV as a residence. He asked Code Enforcement to monitor RV’s and other vehicles
that are parked on streets for extended periods of time. In addition, he asked the City to
monitor speeding vehicles on Vanderbilt Drive.
DIRECTION TO STAFF:
Councilmember Page asked staff to work with Mr. Crown regarding RV’s and other
vehicles parked on streets for extended periods of time and to work with the Santa Clara
County Sheriff’s Office regarding speeding in residential areas.
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ANNOUNCEMENTS
Councilmember Miller reminded everyone to check the latest edition of the Saratoga
Recreation Guide for great children’s activities, such as the Camp Winter Wonderland
Program. In addition, he noted the Annual Tree Lighting Ceremony would be held at
Blaney Plaza from 5:30 p.m. to 6:00 p.m. on Friday, November 26, 2010, followed by the
Village Open House from 6:00 p.m. to 9:00 p.m.
Mayor King added that there would be something new at the Annual Tree Lighting
ceremony this year. She stated every child that was planning to attend the event should
print their name on a small card and include a sentence highlighting something nice that
they would do for someone during the holiday season. There would be a random drawing
and the child with the winning card will be the one to light the holiday tree.
CEREMONIAL ITEMS
1. APPOINTMENT OF RINA SHAH TO THE HERITAGE PRESERVATION
COMMISSION AND OATH OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing one (1) new member to the Heritage
Preservation Commission and direct the City Clerk to administer the Oath of Office.
RESOLUTION NO. 10-064
PAGE/MILLER MOVED TO APPROVE THE RESOLUTION APPOINTING
ONE (1) NEW MEMBER (RINA SHAH) TO THE HERITAGE
PRESERVATION COMMISSION AND DIRECT THE CITY CLERK TO
ADMINISTER THE OATH OF OFFICE. MOTION PASSED 5-0-0.
2. PROCLAMATION DECLARI NG THE MONTH OF NOVEMBER –
PANCREATIC CANCER AWARENESS MONTH
STAFF RECOMMENDATION:
Present proclamation.
Mayor King read and presented the proclamation to Diane Borrison and Nancy Lohr.
3. COMMENDATION FOR MONTALVO ARTS CENTER
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Angela Ann McConnell,
Executive Director of Montalvo Arts Center and Kathie Maxfield, Board Chair of
Montalvo Arts Center.
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4. COMMENDATION FOR MAR IANNE SWAN – SARATOGA COMMUNITY
PRESCHOOL
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Marianne Swan and her family.
5. COMMENDATION FOR RIC K RATRA –SARATOGA 76 GAS STAT ION
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Rick Ratra and his family.
6. COMMENDATION FOR PAUL AND LEA ANN HERNANDEZ –
SARATOGA OAKS LODGE
STAFF RECOMMENDATION:
Present commendation.
Mayor King read and presented the commendation to Paul and Lea Ann Hernandez
and members of their family.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
7. CITY COUNCIL REGULAR MEETING MINUTES – NOVEMBER 3, 2010
STAFF RECOMMENDATION:
Approve minutes.
PAGE/MILLER MOVED TO APPROVE THE CITY COUNCIL REGULAR
MEETING MINUTES – NOVEMBER 3, 2010. MOTION PASSED 5-0-0.
8. REVIEW OF ACCOUNTS P AYABLE CHECK REGISTER
STAFF RECOMMENDATION:
That the City Council review and accept the check register for the following
Accounts Payable cycle:
October 28, 2010
PAGE/MILLER MOVED TO ACCEPT THE ACCOUNTS PAYABLE CHECK
REGISTER FOR ACCOUNTS PAYABLE CYCLE – OCTOBER 28, 2010.
MOTION PASSED 5-0-0.
9. FY 2009/10 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR)
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STAFF RECOMMENDATION:
Review and accept the FY 2009/10 Comprehensive Annual Financial Report (CAFR)
Councilmember Miller removed this item for clarification.
Councilmember Miller explained what the CAFR was and thanked the Finance
Department staff for doing an outstanding job managing the City’s finances.
MILLER/PAGE MOVED TO ACCEPT THE FY 2009/10 COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR). MOTION PASSED 5-0-0.
10. SARATOGA LIBRARY BOO K RETURN OVERHANG PR OJECT – AWARD
OF CONTRACT TO PREMIER WEST INTERIORS
STAFF RECOMMENDATION:
Review report and
1. Move to declare Premier West Interiors (PWI) of San Jose to be the lowest
responsible bidder on the project.
2. Move to accept bid and authorize the City Manager to enter into a construction
contract with Premier West Interiors (PWI) in the amount of $41,799.
3. Move to authorize staff to execute change orders to the contract up to $4,180.
PAGE/MILLER MOVED TO: 1) DECLARE PREMIER WEST INTERIORS
(PWI) OF SAN JOSE TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE PROJECT; 2) ACCEPT BID AND AUTHORIZE THE CITY MANAGER
TO ENTER INTO A CONSTRUCTION CONTRACT WITH PREMIER
WEST INTERIORS (PWI) IN THE AMOUNT OF $41,799; AND 3)
AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $4,180. MOTION PASSED 5-0-0.
11. LISA MARIE COURT SUM MARY VACATION
STAFF RECOMMENDATION:
Adopt Resolution of Summary Vacation of Portions of Lisa Marie Court.
RESOLUTION NO. 10-065
PAGE/MILLER MOVED TO ADOPT RESOLUTION OF SUMMARY
VACATION OF PORTIONS OF LISA MARIE COURT. MOTION PASSED 5-
0-0.
12. ADOPTION OF THE GENE RAL PLAN’S CIRCULATI ON AND SCENIC
HIGHWAY ELEMENT AND CONFO RMING AMENDMENT TO THE OPEN
SPACE AND CONSERVATI ON ELEMENT TRAILS MAP.
STAFF RECOMMENDATION:
Approve the Resolution to adopt the revised General Plan’s Circulation and Scenic
Highway Element (Circulation Element) including a conforming amendment to the
Open Space and Conservation Element (Open Space Element).
Dave Anderson, City Manager, removed this item for clarification.
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Michael Fossati, Assistant Planner, addressed the Council noting that Saratoga
resident, Mr. William Brooks, sent a letter to staff regarding clarification of a specific
trail segment on the Open Space and Conservation Element Trails Map. Mr. Brooks
noted that he believes the specific trail segment is an “existing trail” and not a
proposed trail. Mr. Fossati added that staff will confirm if the specific trail in
question is an existing trail rather than a proposed trail. If staff determines that it is
an existing trail, staff will bring this item back for Council approval to amend the
Existing and Proposed Trails Map at a future Council meeting.
[The letter from Mr. Brooks and map depicting the existing and proposed trails will
be included in the historic record of this meeting agenda packet.]
RESOLUTION NO. 10-066
PAGE/MILLER MOVED TO APPROVE THE RESOLUTION TO ADOPT THE
REVISE D GENERAL PLAN’S CIR CULATION AND SCENIC HIGHWAY
ELEMENT (CIRCULATION ELEMENT) INCLUDING A CONFORMI NG
AMENDMENT TO THE OPEN SPACE AND CONSERVATION ELEMENT
(OPEN SPACE ELEMENT). MOTION PASSED 5-0-0.
13. FINAL ANNEXATION OF AN APPROXIMATELY 33,253 (GROSS)
SQ UARE FOOT PARCEL (APN 503-13-138) LOCATED AT 22215 MOUNT
EDEN ROAD INCLUDING THE ADJACENT RIGHT -OF-WAY PORTION
OF MOUNT EDEN ROAD.
STAFF RECOMMENDATION:
Approve final annexation of an approximate 28,331 square foot parcel known as APN
503-13-138 (Lands of Keenan) located at 22215 Mount Eden Road including the
approximate 4,922 square feet, 107 foot long adjacent right-of-way portion of Mount
Eden Road by adopting the attached Resolution.
RESOLUTION NO. 10-067
PAGE/MILLER MOVED TO APPROVE FINAL ANNEXATION OF AN
APPROXIMATE 28,331 SQUARE FOOT PARCEL KNOWN AS APN 503-13-
138 (LANDS OF KEENAN) LOCATED AT 22215 M OUNT EDEN ROAD
INCLUDING THE APPROXIMATE 4,922 SQUARE F EET, 107 FOOT LONG
ADJACENT RIGHT -OF-WAY PORTION OF MOUNT EDEN ROAD BY
ADOPTING THE ATTACHED RESOLUTION. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
14. ANNEX10-0002 – APPLICATION FOR INITIATION OF ANNEXATION
PROCEEDINGS BY GARROD TRUST
STAFF RECOMMENDATION:
Staff recommends the City Council adopt the Resolution Initiating Annexation
(Attachment 1) and refer the proposed annexation and preparation of a Pre-
Annexation Agreement and all related land use approvals to the Planning
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7
Commission for a public hearing and consideration of recommendations and return to
the City Council for final decision as to the Pre-Annexation Agreement, Addition of
AP/OS Overlay Zoning, Development Agreement, new Combined Williamson Act
Contract, Use Permit and CEQA Compliance.
Jonathan Wittwer, Assistant City Attorney, presented the staff report.
Council discussion took place and Councilmember Page inquired if there had been
any discussions with the City of Cupertino regarding annexation of this property into
the City of Saratoga since one and a half acres of the property are located in
Cupertino.
Staff indicated no discussion with the City of Cupertino has taken place thus far.
Mayor King opened the Public Hearing for comment.
The following people requested to speak on this item:
Applicant Jan Garrod addressed the Council regarding the application for initiation of
annexation procedures by the Garrod Trust – Cooper-Garrod Winery and Garrod
Farms Commercial Equestrian Center.
The following people spoke in favor of the Cooper-Garrod request for annexation:
Nancy Anderson
William (Bill) Brooks
Russell Perry
Ann Kolb
Terrie Creamer
Bill Cooper
Denise Goldberg, Chair of the Pedestrian, Equestrian, and Bicycle Trails Advisory
Committee, addressed the Council and noted the Committee fully supported the
annexation.
The following person/s spoke against the proposed annexation procedures:
Cheriel Jensen
No one else requested to speak on this item.
Mayor King closed the Public Hearing for comment.
RESOLUTION NO. 10-068
PAGE/MILLER MOVED TO ADOPT THE RESOLUTION INITIATING
ANNEXATION AND REFER THE PROPOSED ANNEXATION AND
PREPARATION OF A PRE-ANNEXATION AGREEMENT AND ALL
RELATED LAND USE APPROVALS TO THE PLANNING COMMISSION
FOR A PUBLIC HEARING AND CONSIDERATION OF
RECOMMENDATIONS AND RETURN TO THE CITY COUNCIL FOR
FINAL DECISION AS TO THE PRE-ANNEXATION AGREEMENT,
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ADDITION OF AP/OS OVERLAY ZONING, DEVELOPMENT
AGREEMENT, NEW COMBINED WILLIAMSON ACT CONTRACT, USE
PERMIT AND CEQA COMPLIANCE. MOTION PASSED 5-0-0.
COUNCIL DIRECTION:
Council directed staff to discuss the Garrod annexation application with the City of
Cupertino regarding the piece of property that is located in Cupertino.
At 8:55 p.m. Mayor King invited the high school and college students on stage and
asked them to introduce themselves.
OLD BUSINESS
None
NEW BUSINESS
15. APPROVAL OF SANTA CL ARA COUNTY CITIES ASSOCIATION (SCCCA)
BYLAWS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Ann Sullivan, City Clerk, presented the staff report.
Mayor King invited public comment.
No one requested to speak on this item.
Mayor King closed the public comment.
MILLER/PAGE MOVED TO APPROVE THE SANTA CLARA COUNTY
CITIES ASSOCIATION (SCCCA) BYLAWS AS AMENDED. MOTION
PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – reported:
SCC Cities Association Selection Committee – the Silicon Valley Education Foundation
provided a short presentation at the last meeting.
West Valley Mayors and Managers Association – she attended the meeting held earlier
today and members were given a presentation on electric vehicle charging stations.
Vice Mayor Jill Hunter – reported:
Hakone Foundation Board – she attended the last meeting.
Historical Foundation – there will be a meeting Sunday afternoon (November 21) and
noted there will be a presentation on the “Prohibition”. She thanked everyone that
participated in the wreath building project for the Village and noted the wreaths would be
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hung throughout the Village on Thursday afternoon. She added there will be a “wreath
contest” before Christmas where people will have the opportunity to vote for the best
wreath.
Councilmember Howard Miller – reported:
KSAR – met and in addition to the grant they received from the City of Saratoga, they are
excited about the grant they received from the West Valley Solid Waste JPA to produce
recycling and education videos.
[Mayor King noted that this would be a great opportunity for KSAR to provide the high
school board with a quote to video their board meetings.]
Councilmember Miller agreed and noted he would bring this suggestion up to the KSAR
Board.
West Valley Solid Waste Joint Powers Authority – awarded a grant to the KSAR
television station. The JPA approved commercial food waste recycling. The recycling
hauler was expected to reach out to all the Chamber of Commerces and through those
Chamber of Commerces the recycling hauler was suppose to reach out to the key
businesses in each of the four cities. Currently none of the grocery stores in our city are
signed up; he added that anything we can do to divert waste to the landfill is a positive.
He stated all commercial trash bills will increase January 1, 2011 to cover this recycling
service, regardless if the commercial business participates in this program or not. They
received an update from the City of San Jose regarding the single use plastic bag issue
and cities are waiting to see what happens next regarding this issue.
West Valley Transportation Authority PAC – Measure B (an additional $10 license fee
per vehicle) passed, which will allow a portion of the vehicle license fee to be directed to
road improvements in Saratoga. Proposition 26 may delay this funding. In addition, the
PAC funded a $641 million dollar bond and they began the process to place 90 new
hybrid buses to high use routes. They also had some discussion regarding SB375, the
Sustainable Communities Act.
Councilmember Chuck Page – reported:
Saratoga Ministerial Association – he attended the last meeting and members of the
association are preparing for the Saratoga Serves annual event the week of March 12- 19,
2011, and he invited everyone to participate in this community event.
West Valley Sanitation District – he attended the last meeting and the District’s audit has
been completed. He added, due to budget constraints, they removed the clause in the
District’s ordinance that provides for an automatic 5% increase per year in stipend
payments to members that attend the meetings.
Councilmember Manny Cappello – reported:
Chamber of Commerce – he attended the meeting last Thursday and in addition to the
Tree Lighting event on November 26th there will be a Chamber sponsored “Wine Stroll”
this year. People should visit the Saratoga Chamber of Commerce website at:
www.saratogachamber.org, to purchase a souvenir wine glass for $30 and on the evening
of November 26 they can visit the 15 participating businesses to receive an ounce of
wine served in the souvenir wine glass.
Santa Clara County Emergency Council – he attended the last meeting and the members
were pleased to report that the Alert SCC (Santa Clara County Emergency Alert System)
is going very well and they have asked members to remind residents in their respective
communities to visit the Alert SCC website at www.alertscc.com to register for
information regarding emergency alert activities in their communities. He added each
City will be reporting on emergency activities in their respective community and Jim
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Yoke, Emergency Services Coordinator for Saratoga, will be presenting at the next
meeting.
CITY COUNCIL ITEMS
Vice Mayor Hunter commented about the letter Council received regarding the Lehigh
Cement Factory and asked if the City could send a response letter.
Dave Anderson, City Manager, noted the public hearing that was scheduled for
November 23rd has been postponed indefinitely due to new information the Santa Clara
County Planning Department received. They will analyze this information before
rescheduling the public hearing. He added staff would provide Council with an update in
the weekly Council Newsletter.
Vice Mayor Hunter also commented about a letter she received from a citizen regarding
landscaping and fence concerns in a specific neighborhood on Saratoga/Sunnyvale
Boulevard.
Councilmember Page stated he was familiar with the landscape and lighting issue in the
specific neighborhood and would follow up with this item.
Mayor King recommended the new Council acknowledge the Alameda family, owners of
the Saratoga Alameda Funeral Home, with a commendation recognizing their 40 years of
service in the Saratoga community.
CITY MANAGER’S REPORT
None
ADJOURNMENT
PAGE/MILLER MOVED TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 9:35PM. MOTION PASSED 5-0-0.
Respectfully submitted.
Ann Sullivan, CMC
City Clerk
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NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
10/20 Regular Meeting – Joint Meeting with Traffic Safety Commission
11/3 Regular Meeting – Joint meeting with Saratoga Ministerial Association
11/17 Regular Meeting - Joint Meeting with Hakone Foundation
11/30 Council Reorganization
12/1 Regular Meeting -
12/15 Regular Meeting -
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2010
27
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Reorganization Meeting Minutes – November 30, 2010
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the November 30, 2010, City Council Reorganization
Meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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:
28
Attachment A – Minutes from the November 30, 2010, City Council Reorganization Meeting.
29
1
MINUTES
COUNCIL REORGANIZATION MEETING
NOVEMBER 30, 2010
Mayor King called the Special Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by members of Boy Scout Troop 535 – The Trail
Blazers.
The Star Spangled Banner was sung by Lysee (Elysia) Johnson.
ROLL CALL
PRESENT: Councilmembers Manny Cappello, Chuck Page, Howard Miller,
Vice Mayor Jill Hunter and Mayor Kathleen King
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Mary Furey, Administrative Finance Director
Michael Taylor, Recreation & Facilities Director
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda
for the meeting of November 30, 2010 was properly posted on November 23, 2010.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Mayor King acknowledged all the elected and appointed officials that were present.
The following people requested to speak on non-agendized items:
Assemblymember Jim Beall congratulated the newly elected councilmembers. In
addition, he gave a short update on the Tax Equity Allocation Program (TEA).
Aaron Schneider, Boy Scout member of Troop 535, announced the Troop would be
holding an E-Waste Program on January 8, 2011, from 9:00 a.m. to 5:00 p.m. at Saratoga
Prospect Center.
30
2
Curtis Wright, Councilmember for City of Monte Sereno, congratulated the newly elected
councilmembers for the City of Saratoga. In addition, he noted some of the community
projects that the two cities, Monte Sereno and Saratoga, have worked on collaboratively
and thanked the council for the opportunity to work together to build a better community.
Marshall Anstandig, Councilmember for City of Monte Sereno, congratulated the newly
elected and re-elected councilmembers for the City of Saratoga. He also noted some of the
community projects the two cities have worked on collaboratively and hoped the two
cities could continue working together for both communities.
Evan Lo, Mayor of the City of Campbell, congratulated the newly elected and re-elected
councilmembers for the City of Saratoga. He also thanked the council for the
opportunities that the two cities have had to work together and hope they continue to do so
in the future.
Michael Shadman congratulated the newly elected and re-elected Saratoga Council
members. In addition, he noted the opening of his new restaurant in the Village – Bell
Tower Bistro – and invited everyone to visit his restaurant.
COUNCIL DIRECTION
None
CEREMONIAL ITEMS
1. COMMENDATION FOR FORMER COUNCILMEMBER SUSIE NAGPAL
STAFF RECOMMENDATION:
Read and present commendation to family members of Susie Nagpal (Subashree
Vedantham)
Mayor King invited Amit Nagpal, Susie’s husband, up on stage and together, the
Council members read and presented the commendation to Mr. Nagpal.
NEW BUSINESS
2. CERTIFICATION OF NOVEMBER 2, 2010 GENERAL MUNICIPAL
ELECTION RESULTS AND CANVAS OF R ETURNS FROM THE
COUNTY REGISTRAR OF VOTERS FOR COUNCIL C ANDIDATES
STAFF RECOMMENDATION:
Adopt Resolution Adopting Certification of the 2010 Election
RESOLUTION NO. 10 – 069
MILLER/PAGE MOVED TO ADOPT RESOLUTION ADOPTING
CERTIFICATION OF THE 2010 ELECTION. MOTION PASSED 5-0-0.
31
3
3. REMARKS FROM OUTGOING MAYOR KING AND FELLOW
COUNCILMEMBERS
Mayor King thanked her family members for their never-ending support during
the past eight years. She also thanked her friends for their support and
acknowledged the many friends that she has made during her public service.
She thanked the residents for giving her the opportunity to serve their
community. In addition, she thanked city staff for all their work and for
making the City of Saratoga such a wonderful place to live.
Fellow council members each thanked Mayor King for all her hard work and
for the opportunity they had to work with her.
4. PRESENTATION OF COMMENDATION AND OUTGOING GIFT TO
MAYOR KING
Together the council read and presented the commendation to Mayor King.
At 7:50 p.m. Mayor King announced there would be a five minute recess.
5. FIVE MINUTE RECESS
Ann Sullivan, City Clerk, called the Special Meeting to order at 8:00 p.m.
6. OATH OF OFFICE TO NEW LY ELECTED COUNCIL MEMBERS
STAFF RECOMMENDATION:
Adopt Resolution and Direct the City Clerk to Administer the Oath of Office to
Newly Elected Council Members.
RESOLUTION NO. 10 -
MILLER/CAPPELLO MOVED TO ADOPT RESOLUTION AND DIRECT
THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE TO
NEWLY ELECTED COUNCIL MEMBERS. MOTION PASSED 5-0-0.
Family members joined Councilmember Page on stage and City Clerk Ann
Sullivan administered the Oath of Office to re-elected Councilmember Chuck
Page.
Assemblymember Jim Beall administered the Oath of Office to re-elected
Councilmember Jill Hunter.
Mr. Lo joined Councilmember Emily Lo on stage and City Clerk Ann Sullivan
administered the Oath of Office to newly elected Councilmember Emily Lo.
7. REORGANIZATION OF CI TY COUNCIL
32
4
STAFF RECOMMENDATION:
Appoint Mayor and Vice Mayor
1. City Clerk declares the offices of Mayor and Vice Mayor to be vacant.
2. Nomination of the Mayor.
3. Nomination of the Vice Mayor.
4. Administer Oath of Office to New Mayor.
5. Administer Oath of Office to New Vice Mayor.
Ann Sullivan, City Clerk, announced that the office of Mayor and Vice Mayor
were vacant and would now accept nominations for Mayor.
Councilmember Chuck Page nominated Councilmember Howard Miller to serve
as Mayor for the year 2011.
PAGE/CAPPELLO MOVED TO APPOINT COUNCILMEMBER
HOWARD MILLER AS MAYOR FOR THE YEAR 2011. MOTION
PASSED 5-0-0.
Ann Sullivan, City Clerk, administered the Oath of Office to Mayor Howard
Miller.
Mayor Miller announced the Office of Vice Mayor was vacant and asked for
nominations for Vice Mayor.
Councilmember Manny Cappello nominated Councilmember Chuck Page to
serve as Vice Mayor for the year 2011.
CAPPELLO/LO MOVED TO APPOINT COUNCILMEMBER CHUCK
PAGE AS VICE MAYOR FOR THEYEAR 2011. MOTION PASSED 5-0-0.
Ann Sullivan, City Clerk, administered the Oath of Office to Vice Mayor Chuck
Page.
8. REMARKS FROM NEW MAYOR, VICE MAYOR AND COUNCIL
M EMBERS
Mayor Howard Miller thanked family, friends, fellow council members, and the
community for their support. Mayor Miller noted that his goals for the coming
year may be broad; however, they should be expected, and the goal is to improve
the City for all citizens. He stated that as elected officials, the Council is expected
to represent all citizens and he intends to do that. He added the Council will
listen to everyone whether they send an email or attend council meetings. He
noted he will continue to work on the improvement of city sidewalks and roads,
improve and expand City parks, and if the City is successful in acquiring property
in the Mid Peninsula Regional Open Space District, this would help build the
Saratoga to the Sea Trail. The City will move forward with refinancing the City
Library Bond, which will save Saratoga residents 2 million dollars. He will work
to improve the economic vitality of the City and the visioning process for the
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5
Village. He would like the Council to work on various ordinances including the
Sign Ordinance. During the next year the City expects to activate the city’s first
solar installation, which will significantly reduce the energy costs for the city. He
added his first official act as Mayor will be planting daffodils in Kevin Moran
Park on Saturday, December 4th. He concluded by thanking his wife, Sandy, for
making everything possible.
Vice Mayor Chuck Page thanked his family for enduring the last four years and
the amount of time he was away from his family. He also thanked the staff for
everything they do and promised he would learn the names of every one of the
roads and parks staff members as they are the people that make the city what it is
from a “usability” standpoint. He also thanked Terry Calderone, Captain of the
Santa Clara County Sheriff’s Office – Westside Substation, for his great
leadership in the community and wished him the best in his upcoming retirement.
He thanked the 2010 council candidates for conducting a great campaign during
this past election season. He concluded by re-affirming the Council’s
commitment to work with the community to develop a vision to improve the
economic vitality of the Village.
Councilmember Jill Hunter, Councilmember Manny Cappello, and
Councilmember Emily Lo also thanked the community for their support and
stated they are looking forward to working with the community to keep Saratoga
as one of the best places to live in the Bay Area.
ADJOURNMENT TO THEATER LOBBY FOR SHORT RECEPTION
There being no further business, Mayor Miller asked for a motion to adjourn the Special
Meeting.
PAGE/CAPPELLO MOVED TO ADJOURN THE SPECIAL MEETING. MOTION
PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
34
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Regular Meeting Minutes – December 1, 2010
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the December 1, 2010, City Council Regular Meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
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 – Minutes from the December 1, 2010, City Council Regular Meeting.
35
1
MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
DECEMBER 1, 2010
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue at 5:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Legal Counsel –
Existing Litigation: (Government Code Section 54956.9(a) 1 Case)
Fox v. City of Saratoga et al. (Santa Clara County Superior Court Case No. 1-09CV-
154579)
Public Employee Discipline/Dismissal/Release: (Government Code Section 54957)
MAYOR’S REPORT ON CLOSED SESSION
Mayor Miller stated there was no reportable information from the Closed Session held
prior to the Regular Council meeting.
PLEDGE OF ALLEGIANCE
Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Manny Cappello, Emily Lo, Jill Hunter,
Vice Mayor Chuck Page, and Mayor Howard Miller
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Department Director
Brad Lind, Building Official
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda
for the meeting of December 1, 2010 was properly posted on November 23, 2010.
36
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Dr. Stutzman addressed the Council regarding Measure Q that was on the November 2,
2010 election ballot.
Trish Cypher addressed the Council regarding Measure Q that was on the November 2,
2010 election ballot.
Marcia Fariss addressed the Council regarding Measure Q that was on the November 2,
2010 election ballot.
COUNCIL DIRECTION TO STAFF
None
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
None
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
Mayor Howard Miller noted there are opportunities for people to register their children in
the Winter Wonderland program through the Saratoga Recreation Guide and invited
everyone to pick up a copy of the Guide. In addition, he invited everyone to join him at
9:00 a.m. at Kevin Moran Park on Saturday, December 4th to help plant Daffodils.
Councilmember Jill Hunter noted there are many shops in the Village for people to shop
in and invited everyone to visit the Village during the holiday season.
CEREMONIAL ITEMS
1. COMMENDATION FOR REBECCA ELLIOT – REGIONAL PUBLIC
AFFAIRS MANAGER FOR LEAGUE OF CALIFORNIA CITIES
STAFF RECOMMENDATION:
Present commendation.
Mayor Miller noted Rebecca Elliot was unable to attend the Council meeting this
evening due to illness and the commendation will be presented to her during the
December 15, 2010 Council meeting.
2. COMMENDATION FOR THE ALAMEDA FAMILY – ALAMEDA FAMILY
FUNERAL & CREMATION
STAFF RECOMMENDATION:
Present commendation.
37
Mayor Miller read and presented the commendation to members of the Alameda
family.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
3. REVIEW OF ACCOUNTS P AYABLE CHECK RE GISTERS
STAFF RECOMMENDATION:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
November 10, 2010
November 18, 2010
PAGE/CAPPELLO MOVED TO ACCEPT THE CHECK REGISTERS FOR
THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:
NOVEMBER 10, 2010 AND NOVEMBER 18, 2010. MOTION PASSED 5-0-0.
4. TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2010
STAFF RECOMMENDATION:
Review and accept the Treasurer’s Report for the month ended October 31, 2010.
PAGE/CAPPELLO MOVED TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED OCTOBER 31, 2010. MOTION PASSED 5-0-0.
5. TAX EQUITY ALLOCATIO N (TEA) COST SHARING AGREEMENT
STAFF RECOMMENDATION:
Approve cost sharing formula with the City of Cupertino for TEA legislative
expenses, and an appropriation from the Council’s Discretionary Fund in the amount
of $6,825 for the period covering November 15, 2010 to June 30, 2011.
PAGE/CAPPELLO MOVED TO APPROVE COST SHARING FORMULA
WITH THE CITY OF CUPERTINO FOR TEA LEGISLATIVE EXPENSES,
AND AN APPROPRIATION FROM THE COUNCIL’S DISCRETIONARY
FUND IN THE AMOUNT O F $6,825 FOR THE PER IOD COVERING
NOVEMBER 15, 2010 TO JUNE 30, 2011. MOTION PASSED 5-0-0.
6. REQUEST FOR COUNCIL AGENCY ASSIGNMENTS AND ADHOC
COMMITTEES FOR 2011
STAFF RECOMMENDATION:
Accept report and provide direction to staff.
38
Mayor Miller removed this item for clarification.
Miller/Page moved to accept report and provide direction to staff.
Ann Sullivan, City Clerk, reminded Council that the staff report indicated Council
should consider including the Carlson House Restoration Project as a new adhoc to
the Council Assignment list for 2011.
MILLER/PAGE MOVED TO ACCEPT REPORT AND PROVIDE DIRECTION
TO STAFF AS AMENDED TO INCLUDE THE CARLSON HOUSE
RESTORATION PROJECT AS A NEW ADHOC TO THE COUNCIL
ASSIGNMENT LIST FOR 2011. MOTION PASSED 5-0-0.
7. MONTE VISTA STORM DR AIN PUMPING SYSTEM PROJECT - BUDGET
AMENDMENT
STAFF RECOMMENDATION:
Approve Budget Resolution
RESOLUTION NO. 10 –
PAGE/CAPPELLO MOVED TO APPROVE BUDGET RESOLUTION.
MOTION PASSED 5-0-0.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
8. INTRODUCTION OF (1) ORDINANCE ADOPTING AND AMENDING 2010
CALIFORNIA BUILDING STANDARDS, RESIDENTI AL BUILDING,
ELECTRICAL, MECHANICAL, P LUMBING, FIRE, AND G REEN
BUILDING STANDARDS C ODES WITH MODIFICATI ONS FOR LOCAL
CONDITIONS, AND (2) RESOLUTION REGARDING THE NEED TO
MODIFY THE CALIFORNI A BUILDING CODE DUE TO LOCAL
CONDITIONS.
STAFF RECOMMENDATION:
(1) Introduce and waive the first reading of the attached ordinance adopting and
amending the referenced codes and direct the City Attorney to read the title of the
codes to be adopted;
(2) Introduce the attached resolution making findings regarding proposed
amendments to the referenced codes;
(3) Call a public hearing for December 15, 2010 to consider adoption of the attached
ordinance and resolution; and
(4) Direct staff to publish notice of the proposed ordinance adoption in accordance
with the special requirements for adopting codes by reference.
39
City Attorney Richard Taylor presented the staff report.
Building Official Brad Lind was present to provide additional data regarding the staff
report and to answer questions from Council.
Santa Clara County Fire Chief Dirk Mattern was also present to answer questions
from Council.
Mayor Miller invited public comment.
No one requested to speak on this item.
Mayor Miller closed the public comment.
Councilmember Cappello requested a matrix on the fire section.
PAGE/CAPPELLO MOVED TO:
(1) INTRODUCE AND WAIVE THE FIRST READING OF THE ATTACHED
ORDINANCE ADOPTING AND AMENDING THE REFERENCED CODES
AND DIRECT THE CITY ATTORNEY TO READ THE TITLE OF THE
CODES TO BE ADOPTED;
(2) INTRODUCE THE ATTACHED RESOLUTION MAKING FINDINGS
REGARDING PROPOSED AMENDMENTS TO THE REFERENCED
CODES;
(3) CALL A PUBLIC HEARING FOR DECEMBER 15, 2010 TO CONSIDER
ADOPTION OF THE ATTACHED ORDINANCE AND RESOLUTION; AND
(4) DIRECT STAFF TO PUBLISH NOTICE OF THE PROPOSED
ORDINANCE ADOPTION IN ACCORDANCE WITH THE SPECIAL
REQUIREMENTS FOR ADOPTING CODES BY REFERENCE WITH THE
FOLLOWING MODIFICATIONS:
• STAFF TO INCLUDE AN UPDATE OF THE ARTICLES RELATED
TO GREEN BUILDING – CHAPTER 16 OF THE MUNICIPAL CODE;
AND
• INCLUDE IN THE RESOLUTIONA MATRIX OF THE SPECIFIC
FIRE CODE CHANGES IN A FORMAT SIMILAR TO OTHER
CHANGES.
CITY ATTORNEY RICHARD TAYLOR’S READING OF THE TITLES
INCLUDED:
2010 CALIFORNIA BUILDING CODE
2010 CALIFORNIA RESIDENTIAL BUILDING CODE
2010 CALIFORNIA FIRE CODE
2010 CALIFORNIA PLUMBING CODE
2010 CALIFORNIA MECHANICAL CODE
2010 CALIFORNIA ELECTRICAL CODE
2010 CALIFORNIA GREEN BUILDING STARDARDS CODE
MOTION PASSED 5-0-0.
40
At 8:20 p.m., Mayor Miller invited the students that were present for high school
government class assignment up on stage and asked them to introduce themselves and
state if they have smoke detectors and/or carbon monoxide detectors in their homes.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King – As of November 30, 2010, Kathleen King was no longer a
member of the Council.
Vice Mayor Jill Hunter – reported:
Historical Foundation – the members attended a luncheon at the Mountain Winery on
Tuesday and were given a very interesting tour of the Winery by Dave House. There was
a Prohibition Exhibit at the Historical Museum on November 21 and on December 12th
there will be a presentation on the Flying Tigers at the Saratoga Community Library.
Village Adhoc - She met with Public Works Director John Cherbone and Macedonio
Nunez and they discussed the Village Improvement project and discussed the next phase
of the Village Beautification project. They also discussed improving signage in the
Village and they will meet again Thursday, December 2.
Councilmember Howard Miller – reported:
Santa Clara County Cities Association Board – he will be attending the Annual Holiday
Dinner on Thursday, December 2.
West Valley Solid Waste Joint Powers Authority – is having a special meeting on
Thursday, December 2; they will raise the commercial rates to cover food waste recycling
pilot program that will be starting in January 2011.
[Mayor Miller noted he and his daughter participated in the Silicon Valley Turkey Trot
on Thanksgiving Day.]
Councilmember Chuck Page – reported:
Saratoga Ministerial Association – due to travel plans he was unable to attend the last
meeting that was held just before the Thanksgiving holiday.
West Valley Sanitation District – will meet next week.
Councilmember Manny Cappello – reported:
SASCC – he attended the last meeting and the Board formalized their Code of Conduct
for employees in the center as well as for participants in the program. The Adult Day
Care attendance is doing well and is consistent. Members of the Board are preparing for
their 2011 meeting with the City Council.
Village Adhoc – attended last week’s meeting.
CITY COUNCIL ITEMS
Vice Mayor Page suggested creating an Adhoc to research the verbiage for the Oath of
Office for the Mayor and Vice Mayor positions, noting the wording should be modified
to be more City specific as opposed to the verbiage of the state mandated oath.
Councilmember Cappello supported this recommendation.
[This adhoc will be included in the Council Committee and Adhoc assignment list for
2011]
Councilmember Hunter commented on the email Council received regarding a future
commendation recognizing the Echo Shop for their many years of service in the
41
community. She noted it was her understanding the Echo Shop would receive a
commendation in April 2011 when they will be celebrating their 50th anniversary.
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business, Mayor Miller asked for a motion to adjourn.
PAGE/CAPPELLO MOVED TO ADJOURN THE REGULAR MEETING AT 8:20
P.M. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
42
Dave Anderson
Mary Furey Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending Check
No.
11/24/10 116624 116669 46 82,789.70 11/24/10 11/18/10 116623
12/02/10 116670 116719 50 128,421.39 12/02/10 11/24/10 116669
AP Date Check No. Issued to Dept.Amount
11/24/10 116633 Public Works 27,824.43
12/02/10 Public Works 50,122.44
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No.Amount
11/22/10 116577 (29.58)
SARATOGA CITY COUNCIL
MEETING DATE:December 15, 2010 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
November 24, 2010
December 2, 2010
Type of Checks Date
Starting
Check No.
Ending
Check No.
Checks
Released
Prior Check Register
Accounts Payable
Accounts Payable
Total Checks Amount
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
Fund Purpose
Dept of Environmental General Fund Hazardous Waste Fees
Northern Underground
Const CIP Streets Fund Monte Vista Storm Drain
Issued to Description
The Ed Jones Co.Void
43
The following is a list of cash reduction by fund:
Fund #AP 11/24 AP 12/2 Total
111 General 60,466.84 34,523.94 94,990.78
211 CDBG Administration -
212 Saratoga Housing & Rehab. Pgm.-
231 Village Lighting 2,837.00 1,363.85 4,200.85
232 Azule Lighting -
233 Sarahills Lighting -
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 311.00 311.00
248 Leutar Court Landscape 85.00 85.00
249 Manor Drive Landscape 106.44 160.00 266.44
251 McCartysville Landscape 180.00 180.00
252 Prides Crossing Landscape 1,589.20 1,589.20
253 Saratoga Legends Landscape 158.00 158.00
254 Sunland Park Landscape 182.23 203.00 385.23
255 Tricia Woods Landscape 45.00 45.00
271 Beauchamps Landscape 85.00 85.00
272 Bellgrove Landscape 195.00 1,598.00 1,793.00
273 Gateway Landscape 203.00 203.00
274 Horseshoe Landscape/Lighting 320.00 320.00
275 Quito Lighting 165.00 165.00
276 Tollgate LLD 90.00 90.00
277 Village Commercial Landscape 4,158.64 75.00 4,233.64
311 Library Bond Debt Service -
411 CIP Street Projects 1,585.10 52,320.57 53,905.67
412 CIP Parks Projects 1,580.00 227.53 1,807.53
413 CIP Facility Projects 4,939.25 4,939.25
414 CIP Admin Projects 1,135.73 1,135.73
421 Tree Fine Fund -
431 Grant Fund - CIP Streets 13,074.09 13,074.09
432 Grant Fund - Parks & Trails 84.29 84.29
611 Liability/Risk Mgt 4,639.36 4,639.36
612 Workers' Comp -
621 Office Support Services Fund 1,507.21 1,507.21
622 Information Technology 578.16 5,869.00 6,447.16
623 Vehicle & Equipment Maint 6,016.16 3,593.33 9,609.49
624 Building Maintenance 144.88 3,772.29 3,917.17
631 -
632 -
711 -
82,789.70 128,421.39 211,211.09
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
TOTAL
Fund Description
Vehicle & Equipment Replacement
IT Equipment Replacement
Library Capital Improvement
44
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NUMBER: 1 VENCHKll ACCOUNTING PERIOD: AMOUNT 60.03 462.83 1,580.00 568 .15 2,148.15 579.15 193.55 3,105 .44 98.95 419 .50 318.24 27,824 .43 300.00 1,250.00 250.00 825.00 1,075 .00 2,237 .21 1,921.43 4,158 .64 724.43 300.00 390.00 1,600.00 1,197 .50 1,197.50 2,395.00 70.00 60.00 192.00 4,131.06 100.00 5/11
46
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#
9
7
SW
E
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C
1
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1
0
SE
C
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W
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M
I
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A
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DE
P
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I
L
D
I
N
G
MA
I
N
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P
T
CD
D
-
BU
I
L
D
I
N
G
CD
D
-
CO
D
E
CO
M
P
L
I
A
N
C
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CD
D
-
DE
V
E
L
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P
M
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N
T
CT
Y
CL
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K
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F
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E
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Y
MG
R
OF
F
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E
HR
DE
P
T
I
T
DE
P
T
PW
-
DE
V
EN
G
I
N
E
E
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PA
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PW
-
ST
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N
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DE
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C
-
T
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A
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SU
P
P
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R
T
PA
G
E
NUMBER: 2 VENCHK11 ACCOUNTING PERIOD: 5/11 AMOUNT 182.23 195.00 377.23 300.00 300.00 2.80 222.31 423.20 9.13 657.44 480.00 40.00 242.00 106.44 160.00 260.00 16,000.00 74.00 1,532.00 397.84 2,320.48 742.92 499.00 59.71 144.88 I 72.57 36.22 36 .47 64.81 .13 67.58 59.71 .61 292.81 156.84 72.44 1,064.78 114.43
47
SU
N
G
A
R
D
PU
B
L
I
C
SE
C
T
O
R
DA
T
E
:
1
1
/
2
4
/
2
0
1
0
TI
M
E
:
1
3
:
1
1
:
1
1
FU
N
D
-
00
9
-
DI
S
B
U
R
S
E
M
EN
T
FU
N
D
CI
T
Y
OF
SA
R
A
T
O
G
A
CH
E
C
K
RE
G
I
S
T
E
R
CH
E
C
K
NU
M
B
E
R
CA
S
H
AC
C
T
DA
T
E
IS
S
U
E
D
-
-
-
-
-
-
-
-
-
-
-
-
-
-
V
E
N
D
O
R
-
-
-
-
-
-
-
-
-
-
-
-
-
-
AC
C
T
1
1
6
6
6
7
1
1
1
1
1
1
1
6
6
6
8
1
1
1
1
1
1
1
6
6
6
9
1
1
1
1
1
TO
T
A
L
FU
N
D
TO
T
A
L
RE
P
O
R
T
1
1
/
2
4
/
1
0
1
1
/
2
4
/
1
0
1
1
/
2
4
/
1
0
80
1
VM
I
IN
C
8
1
1
2
1
42
5
WE
S
C
O
GR
A
P
H
I
C
S
,
IN
C
6
4
1
2
1
54
4
WH
E
E
L
WO
R
K
S
6
4
6
1
1
PA
G
E
NUMBER: 3
VE
N
C
H
K
1
1
AC
C
O
U
N
T
I
N
G
PERIOD: 5/11
-
-
-
-
-
-
-
D
E
S
C
R
I
P
T
I
O
N
-
-
-
-
-
-
-
AMOUNT
WI
R
E
L
E
S
S
MI
C
R
O
P
H
O
N
E
808.19
WN
T
R
/
S
P
R
I
N
G
RE
C
GU
I
D
E
4 ,008.31
MA
I
N
T
E
N
A
N
C
E
VE
H
#
1
0
7
348.24 82,789.70 82,789.70
48
CITY OF SARATOGA
SUNGARD PUBLIC SECTOR
DATE: 12/08/2010
TIME: 16:56:08 CHECK REGISTER -DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck date='20101202 00 :00:00.000'
ACCOUNTING PERIOD: 6/11 -
FUND -009 -DISBURSEMENT FUND
CASH ACCT CHECK NO ISSUE DT --------------VENDOR-------------BUDGET UNIT
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
TOTAL
11111
CHECK
116670
116670
116670
116670
116670
116670
116670
116670
116670
116670
116670
116671
11 111 116671
11111 116671
TOTAL CHECK
11111 116672
11111 116672
TOTAL CHECK
11111 116673
11111 116674
11111 116675
11111 116675
TOTAL CHECK
11111 116676
11111 116676
TOTAL CHECK
1 1111 1 16677
11111
11111
11111
11111
11111
11111
11111
TOTAL CHECK
116678
116678
116678
116678
116678
116678
116678
11111 116679
1 11 11 116679
TOTAL CHECK
11111 1166 80
11111 116681
12/02/10
12 /02/10
12 /02/10
12/02/10
12 /02/10
12/02/10
12 /02/10
12/02/10
12/02/10
12 /02/10
12 /02/10
234
234
234
234
234
234
234
234
234
234
234
1 2/02/10 35
12/02/10 35
12 /02/10 35
12 /02/10 72
12/02/10 7 2
12/02/10 287
12 /02/10 303
12/02/10 314
12/02/10 314
12/02/10 641
1 2/02/10 641
12/02/10 810
1 2/02/10
12/02/10
12 /02/10
12/02/10
12 /02/1 0
1 2/02/10
12 /02 /1 0
176
176
176
176
176
176
176
12 /02/10 179
12 /02/10 179
1 2/02/10 229
12 /02/10 1
A T & T
A T & T
A T & T
A T & T
A T & T
A T & T
A T & T
A T & T
A T & T
A T & T
A T & T
ACCENT GRAPHICS
ACCENT GRAPHICS
ACCENT GRAPHICS
6246202
6246202
6246202
6246202
1117102
1117102
1117102
1115301
1115301
1115301
1115301
111110 1
1111101
6213102
ADVANTAGE JANITORIAL SUP 6246202
ADVANTAGE JANITORI AL SUP 6246202
BAY AREA AIR QUA LITY MAN 6235202
BAY AREA FLOOR MACHINE C 6246202
BAY TELECOM
BAY TELECOM
BKF ENGINEERS
BKF ENGINEERS
CAPCA
CIENEGA LANDSCAPING
CIENEGA LANDSCAPING
CIENEGA LANDSCAPING
CIENEGA LANDSCAPING
CIENEGA LANDSCAPING
CIENEGA LAN DSCAPING
CIENEGA LANDSCAPING
CIM AIR, INC
CIM AIR, INC
COAST OIL COMPANY LLC
COUNTY OF SANTA CLARA
6223201
4149421-00 1
4119122 -001
4319122 -001
1115301
2775302
2745302
1115301
2435302
1115301
1115301
111530 1
6246202
6246202
6235202
1112301
-----DESCRIPTION ------SALES TAX
XEROX MACHINE
MEASURED BUS LINE
SUPER TRUNK
BOOK-GO-ROUND
ER LINE-CM OFFICE
ER LINE-EMP
AM 1610 RADIO
GATE \~AY 10 /02 -11 /0 1
GATEWAY 09/02-10/01
PHONE LINES -PARKS
C. SPRINGS PARK
NAME PLATE-EMILY LO
NAMETAG -E.LO/M.FUREY
CITY LOGO ENVELOPES
JANITORIAL SUPPLIES
JANITORIAL SUPPLIES
PERMIT FEE C6779
SUPPLIES-JANITORIAL
LABOR -PHONE LINES
DATA CB LE-SACC PHONES
HWY 9 PHASE II IMPVTS
H\~Y 9 PHASE II IMPVTS
MEMBERSHIP 2011
NEWS RACK MAINT 11 /10
HOR SESHOE DR 11/10
FOOTHILL PARK 11/10
CARNELIAN GLEN 11/10
VLGE GRBGE RE CE P11 /10
CONGRESS SPRING 11 /10
REPAIR-C. SPRINGS
HVAC REPAIRS
HVAC REPAIRS
UNLEADED /DIESEL
ANNUAL FEES 2011
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 .00
0.00
0.00
0 .00
0 .00
0 .00
0.00
0.00
0.00
0 .00
0.00
0.00
0.00
0.00
0.00
0 .00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE NUMBER: 1
ACCTPA2 1
AMOUNT
14.14
38.10
574 .23
29 .52
15.43
14.14
15.43
15 .13
15.37
15.9 5
30.56
778.00
35.00
65.00
689 .88
789 .88
271.81
266.16
537.97
141.74
109.72
115.00
881.91
996.91
1,693.89
13,074 .09
14,767 .98
145.00
75.00
320 .00
1 78.00
135.00
220.00
400.00
218 .32
1,546.32
1,1 20 .35
839.95
1,960.30
2,357.61
7,456.00
49
CITY OF SARATOGA
SUNGARD PUBLIC SECTOR
DATE: 12 /08/2010
TIME: 16:56:08 CHECK REGISTER -DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck date='20101202 00:00:00.000'
ACCOUNTING PERIOD: 6/1 1 -
FUND -009 -DISBURSEMENT FUND
CASH ACCT -CHECK NO ISSUE DT --------------VENDOR-------------BUDGET UNIT
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
11111
1 1111
TOTAL
11111
11111
11111
11111
11111
11111
TOTAL
116682
116683
116684
116685
116686
116687
116688
116689
116689
116689
11 6689
116689
116689
116689
116689
116689
116689
116689
116689
116689
116689
11 6689
CHECK
CHECK
116690
116691
116692
116693
116693
116693
11111 116694
11111 116694
TOTAL CHECK
11111
11111
11111
11111
116695
116696
116696
116696
12/02/10 258
1 2/02/10 589
12 /02/10 1
12 /02 /10 390
12/02/10 532
12 /02/10 416
12 /02 /10 421
12 /02/10 454
12/02/10 454
12/02/10 454
12 /02/10 454
12 /02/10 454
12 /02/10 454
12/02/10 454
1 2/02/10 454
1 2/02/10 454
12 /02/10 454
12 /02/10 454
12 /02/10 454
12 /02/10 454
12 /0 2/10 454
12 /02/10 454
12 /02/10 457
12/02/10 461
12 /02/10 466
12 /02/10 14
12 /02/10 14
12/02/10 14
12 /02/10 61
1 2/02/10 61
1 2/02/10 127
1 2/02/10 22 1
12/02/10 221
12 /0 2 /10 221
COURTESY CHEVROLET LLC 6235202
CPO LTD 6213102
DEPT OF ENVIROMENTAL HEA 6246202
ELE CTRICAL DISTRIBUTORS 6246202
EMPLOYMENT DEVELOPMENT D 1118101
EVANS WEST VA LLEY SPRAY 11 15301
EWING IRRIGATI ON 1115301
GACHINA LANDSCAPE MANAGE 1115301
GACHINA LANDSCAPE MANAGE 2425302
GACHINA LANDSCAPE MANAGE 2445302
GACHINA LANDS CAPE MANAGE 2455302
GACHINA LANDSCAPE MANAGE 2465302
GACHINA LANDSCAPE MANAGE 2465302
GAC HINA LANDSCAPE MANAGE 2495302
GACHINA LANDS CAPE MANAGE 2525302
GACHINA LANDSCAPE MANAGE 2555302
GACHINA LANDSCAPE MANAGE 2715302
GACHINA LANDSCAPE MANAGE 2755302
GACHINA LANDSCAPE MANAGE 2755302
GACHINA LANDSCAPE MANAGE 2765302
GACHINA LANDSCAPE MANAGE 2485302
GACHINA LANDSCAPE MANAGE 2415302
GCSANC 1115301
GOVERNMENT FINANCE OFFIC 1113101
GRANITE ROCK COMPANY 4119111-001
HYDROTE C IRRIGAT I ON EQUI 2525302
HYDROTE C IRRIGAT I ON EQUI 2525302
HYDROTE C IRRIGATION EQUI 4129221-001
INTERSTATE BATTERY SYSTE 41 1 91 1 1 -001
INTERSTATE BATTERY SYSTE 4119111-002
KELLY MOORE PAINT COM PAN 1115301
LORAL LANDSCAPING, INC
LORAL LANDSCAPING, INC
LORAL LANDSCAPING, INC
1115301
1115301
1115301
-----DESCRIPTION------SALES TAX
PARTS -VEH #112
MTHLY SVC 10/22 -1 1/21
HAZ WASTE DISPOSAL
SUPPLIES - FACI LITIES
STATE TAX PIP #24/10
TURF SPRAY-C . SPRINGS
SUPPLIES -SPRINKLERS
MEDIANS 11/10
BONNET WAY 11 /10
CUNNINGHAM / GLASGOI~
FREDRICKSBURG 11/10
G. AZULE 11/10
G. SEAGULL 11/10
MANOR DR 11/10
PRIDES CROSSING 11 /10
TRICIA WOODS 11/10
BEAUCHAMPS 11/10
QUITO PEASEO 11 /10
QUITO MARTHA 11/10
TOLLGATE 11/10
LEUTAR CT 11/10
ARROYO DE SARA 11 /10
RENEWAL -KEVIN MEEK
MEMBERSHIP DUES 2011
ASPHALTIC CONCR ETE
INSTAL METER -COX/W EST
INSTAL METER-COX/WEST
INSTAL CONDUIT/BLANEY
SUPPLIES -STREETS
SUPPLIES -STREETS
PAINT-QUITO BATHROOM
BEAUCHAMPS PARK 11 /10
RAVENWOOD PARK 11 /10
AZULE PARK 11 /10
0.00
0 .00
0.00
0.00
0 .00
0.00
0 .00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 .00
0.00
0.00
0.00
0.00
0.00
0.00
0 .00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
PAGE NUMBER: 2
ACCTPA2 1
AMOUNT
17l.97
817.33
87 .75
29.43
156.68
2,300.00
12 3.32
4,327.00
135.00
150.00
132.00
219.00
187 .00
160.00
448 .00
45.00
85.00
60 .00
105.00
90.00
85.00
85.00
6 ,313.00
175.00
250.00
136.51
626.03
490.03
227.53
1,343.59
270.39
97.34
367.73
124.59
212.00
110.00
565.00
50
CITY OF SARATOGA
SUNGARD PUBLIC SECTOR
DATE: 12 /0B/2010
TIME: 16:56:0B CHECK REGISTER -DISBURSEMENT FUND
SELECTION CRITERIA: transact.ck date=' 2010 12 02 00:00:00.000 '
ACCOUNTING PERIOD: 6/1 1
FUND -009 -DISBURSEMENT FUND
CAS H ACCT CHECK NO ISSUE DT --------------VENDOR-------------BUDGET UNIT
11111
11111
11111
11111
11111
11111
11111
11111
11111
TOTAL
11111
11111
CHECK
116696
116696
116696
116696
116696
116696
116696
116696
116696
116697
116698
11111 116699
11111 116699
TOTAL CHECK
11111
11111
11111
11111
11111
TOTAL
11111
11111
11111
TOTAL
11111
11111
11111
11111
CHECK
116700
116700
116700
116700
116700
116701
116701
116701
CHECK
116702
116703
116704
116705
11111 116706
11111 116706
TOTAL CHECK
11111
11111
11111
11111
11111
11111
11111
116707
116708
116709
116709
116709
116709
116709
1 2/02/10
12/02/10
12 /02/10
12/02/10
12 /02/10
12/02/10
12 /02/10
1 2/02/10
12 /02/10
221
221
22 1
221
221
221
221
221
221
1 2/02/10 4 99
12 /02/10 135
12/02/10 912
12/02/10 912
12/02/10
12 /02/10
12/02/10
12 /02/10
12/02/10
145
145
145
145
145
1 2/02 /10 173
12/02/10 173
12 /02/10 173
12 /02/10 890
12/02/10 278
12/02/10 388
12/02/10 409
12/02/10 82
1 2/02/10 82
12/02/10 87
12 /02/10 1
12 /02 /10 136
12/02/10 136
12 /02 /10 136
12/02/10 136
12 /02 /10 136
LORAL LANDSCAPING,
LORAL LANDSCAPING,
LORA L LANDSCAPING,
LORAL LANDSCAPING,
LORAL LANDSCAPING,
LORAL LANDSCAPING,
LORAL LANDSCAPING,
LORAL LANDSCAPING,
LORA L LANDSCAPING,
INC
INC
INC
INC
INC
INC
INC
INC
INC
1115301
1115301
1115301
2515302
2545302
2475302
2725302
2535302
2735302
CARPENTERS LOCAL 2236 (M III
NORTH BAY BLDG MAINTENAN 6246202
NORTHERN UNDERGROUND CON 411
NORTHERN UNDERGROUND CON 4119142-008
OFFICE DEPOT INC.
OFFICE DEPOT INC.
OFFICE DEPOT INC.
OFF ICE DEPOT INC .
OFFICE DEPOT INC.
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
PACIFIC GAS & ELECTRIC
1115101
1118101
1112301
1114101
1112101
4329274 -001
6246202
2315302
PEELLE TECHNOL OGIES, INC 4149412-003
PETROTEK
RATRA, RICK
REPUBLIC ITS
SAN JOSE BLUE PRINT
SAN JOSE BLUE PRINT
SAN JOSE \~ATE R CO MPANY
6235202
6235202
6118499
2315302
2525302
1115301
SANTA CLARA COUNTY CITIE 1111101
SCOTTY'S AUTOMOTIVE
SCOTTY'S AUTOMOTIVE
SCOTTY'S AUTOMOTIVE
SCOTTY'S AUTOMOTIVE
SCOT TY'S AUTOMOTIVE
6235202
6235202
6235202
6235202
6235202
-----DESCRIPTION------SALES TAX
KEVIN MORAN PARK11/10
HISTORICAL PARK 11/10
PROSPECT CENTER 11 /10
MCCARTYSVILLE 11/10
SUNLAND 11/10
KERWIN RANCH 11/10
BELLGROVE 11/10
LEGENDS 11 / 1 0
GATE\~AY 11/10
DUES -DECEMBER 2010
\lIKLY SVC 11/14-11/20
RETENTION HELD-PO#82
STORM DRAIN/ M.V ISTA
OFFICE SUPPLIES
OFFICE SUPP LIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
JOES TRAIL-EASEMENT
NATURAL GAS VEHICLE
OAK ST. 04/10-10/10
SCANNING SERVICE
FUEL TESTING 10/10
PROPANE
SGNL RPR /S 'VALE/COX
PLANS -VILLAGE
PLANS-PRIDES CROSSING
PARKS/OPEN SPACE
SCCCA -HOLI DAY PARTY
MAINTENANCE VEH#93
MAINTENANCE VEH#123
MAINTENANCE VEH#98
MAINTENANCE VEH#113
MAINTENANCE VEH#116
0 .00
0.00
0.00
0.00
0.00
0.00
0.00
0 .00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 .00
0 .00
0.00
0.00
0.00
PAGE NUMBER: 3
ACCTPA21
AMOUNT
100.00
170.00
550.00
IBO.OO
203.00
311 . 00
1,598.00
15B.00
203 .00
4,360.00
320.00
285.00
-5,56 9 .1 6
55,691.60
50,122.44
20 .4 6
71.42
201.89
10 2 .0 3
165.27
561.07
84.29
106 .13
144.13
334.55
253.82
200.00
48 .0 5
4,639.36
249 .58
25.14
274 .72
276.22
65.00
66 .03
128.02
66.08
66.08
68.74
51
CITY OF SARATOGA
SUNGARD PUBLIC SECTOR
DATE : 1 2/08/2010
T IME: 1 6 :5 6 :08 CHECK REGISTER -DISBURSEMENT FUND
SELEC TION CRITERIA: t ransact.ck date='20101202 00:00 :0 0.000'
ACCOUNTING PERIOD: 6/11
FUND -009 -DI S BUR S EMENT FUND
CASH ACC T CHECK NO I SSUE DT --------------VEND OR -------------BUDGE T UNIT -----DESCRIPTI ON------
11111 11 6 7 09 1 2/02/10 136 SCOTTY'S AUTOMOTIVE 6235202 MAINTENANCE VEH#113
11111 116 7 09 12 /02/10 136 SCOT TY 'S AUTOMOTIVE 6235202 MAINTENANCE VEH#112
11111 116709 12 /02/1 0 l36 SCOTTY 'S AUTOMOTIVE 6235202 MAINTENANCE VEH#113
TOTAL CHECK
11111 116710 12/02/10 149 SIERRA DISPLAY INC 2315302 LED TREE LIGHTING
11111 116710 1 2/02/10 149 S IERRA DIS PLAY INC 11 15 301 RPR-PAGODA /FRU ITVALE
TOTAL CHECK
11111 116711 12 /02/10 1 60 SIERRA PACIFIC TURF SUPP 1115301 FUNGICIDE -PARKS
11111 1167 12 1 2/02/10 33 LIGHTSQUARED LP 111710 2 MTHLY SVC 11/14-12/l3
11111 116712 12/02/10 33 LIGHTSQUARED LP 1117102 MTHLY SVC 10/14 -11/13
1111 1 116712 1 2/02/10 33 LIGHTSQUARED L P 1117102 MTHL Y SVC 05/1 4-06/13
TOTAL CHECK
11111 11 6713 1 2/02/10 266 SUNGARD PUBLIC SECTOR IN 622320 1 SUNGARD PLUS MTC12/10
11111 116713 1 2/02/10 266 SUNGARD PUBLIC SECTOR IN 622320 1 MTHLY MAINT 12 /10
TOTAL CHECK
11111 116714 1 2/02/10 688 THE CONSULTING TEAM, LLC 1112301 COACHING 11/10
1111 1 116715 12 /02/10 317 THE NAPKIN RING 1111201 COMM. RECOG . DINNER
11111 116716 1 2/02/10 377 UNITED S ITE SERVICES 1115 30 1 FENCE RNTL-K. MORAN PK
11111 116717 1 2/02/10 557 VAVR INEK , TRINE, DAY & C 111 31 01 AUD IT S ERVICES-10 /10
11111 116718 1 2/0 2/10 408 WCBS -WEST COAST BUILDI 1115301 LIBRARY 11 /10
11111 116718 1 2/02/10 4 08 weBS -WEST COAST BUI LDI 1115301 C.SPRINGS PARK 11 /10
11111 116718 12/02/10 408 WCBS -WEST COAST BUILDI 1 115301 EL QUITO PARK 11 /10
11111 116718 1 2/0 2/10 408 WC BS -WEST COAS T BUILDI 1115301 WILDWOOD PARK 11/10
11111 11 6718 1 2/02/10 408 WCBS -WEST COAS T BUILDI 1115301 KEV IN MORAN PARK11 /10
TOTAL CHECK
11111 116719 12 /02 /10 432 WEST VALLEY COLLECTIONS 1115301 BIN-C SPRINGS 1 1 /10
TOTAL CAS H ACCOUNT
TOTAL FUND
TOTAL REPORT
PAGE NUMBER: 4
ACCTPA2 1
SA LE S TAX AMOUNT
0.00 66 .08
0.00 66 .08
0.00 146.85
0.00 673.96
0.00 970.14
0 .00 380.00
0.00 1,350.14
0.00 2 ,299.51
0.00 73.2 4
0.00 73.62
0.00 73.62
0.00 220.48
0.00 5,390.00
0.00 364.00
0.00 5 ,7 54.00
0.00 1,750.00
0.00 5,486.54
0.00 74.33
0.00 4,000.00
0 .00 10 0.00
0.00 175.00
0 .00 175.00
0.00 175.00
0.00 175.00
0 .00 800.00
0.00 287.87
0.00 128,42 1.39
0.00 128,421. 39
0.00 128,421 .39
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Resolution Adopting Council Agency Assignments and AdHoc Committee
Appointments
RECOMMENDED ACTION:
Adopt resolution.
REPORT SUMMARY:
On the December 1, 2010, Council meeting Mayor Howard Miller directed the Council to submit
their Council Agency Assignment and Adhoc Committee requests to him by 5 p.m. on December
7, 2010. In addition, Council recommended adding two new adhocs to the Council Agency
Assignment and Adhoc Committee List: Carlson House Restoration and Mayor/Vice Mayor Oath
of Office.
It is now appropriate to adopt the attached resolution with the Council Agency and AdHoc
appointments for 2011.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Some Council representatives to various agencies and AdHoc Committees will remain the same.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Disseminate information to various agencies and City staff.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
52
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 Appointing Council Representatives to Agencies and Adhoc
Committees for 2011
53
RESOLUTION NO. 10 –
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPOINTING COUNCIL REPRESENTATIVES TO AGENCIES AND
ADHOC COMMITTEES FOR YEAR 2011
WHEREAS, the City Council reorganized on November 30, 2010, for the coming year;
and
WHEREAS, representatives from the City Council serve on various agencies and adhoc
committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all
its members.
WHEREAS, on November 30, 2010, Council was also given the option to add or
remove Adhoc Committees as necessary. Council requested staff add two new Adhoc
Committees to the Council Agency/Committee assignment list and remove one Adhoc
Committee from the list; and
WHEREAS, the new Adhoc Committees added to the list are – Carlson House
Restoration and Mayor/Vice Mayor Oath of Office. The Adhoc Committee to be removed from
the list – Susie’s Garden Adhoc.
NOW, THEREFORE, BE IT RESOLVED that after due consideration of the interest of the
City Council and the needs of the various organizations to which the City Council sends
representatives, the following representatives agree hereby to be appointed to the agencies and
adhoc committees named, through December 2011, or until amended:
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 15th day of December 2010, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____
Howard A. Miller, Mayor
ATTEST:
Date:
Ann Sullivan, City Clerk
54
Agency Councilmember Alternate
Association of Bay Area Government Lo Page
Chamber of Commerce Cappello Hunter
County HCD Policy Committee Cappello Lo
Hakone Foundation Board Page N/A
Hakone Foundation Executive
Committee
Miller N/A
Historical Foundation Hunter Cappello
KSAR Community Access TV Board Hunter Miller
Library Joint Powers Association Lo Hunter
West Valley Flood Control &
Watershed Advisory Committee
Hunter Page
Santa Clara Valley Water District
Commission
Page Hunter
Santa Clara County Cities Association Miller Lo
SCC Cities Association Selection
Committee
Miller Lo
Santa Clara County Emergency
Council
Cappello Miller
Saratoga Ministerial Association Page Hunter
SASCC Hunter Cappello
Sister City Liaison Lo Cappello
West Valley Solid Waste Joint Powers
Association
Miller Page
Valley Transportation Authority PAC Miller Lo
West Valley Sanitation District Page Cappello
West Valley Mayors and Managers
Association
Miller Page
(BOTH ADHOC/COMMITTEE MEMBERS ARE REQUIRED TO ATTEND THE FOLLOWING
MEETINGS)
AdHoc Topic Councilmember Second Member
Carlson House Restoration Adhoc Hunter Cappello
City School Ad-Hoc Miller Page
Council Finance Committee Miller Page
Electric Vehicle Charging Stations Lo Cappello
Highway 9 Adhoc Lo Cappello
Mayor/Vice Mayor Oath of Office Page Cappello
Tree Adhoc Hunter Cappello
Village Ad-Hoc Hunter Lo
55
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: 2011 Hazardous Vegetation Program Commencement Resolution
RECOMMENDED ACTION:
Adopt Resolution Declaring Hazardous Vegetation (Weeds) as Public Nuisance and Setting
Public Hearing.
REPORT SUMMARY:
The attached resolution represents the first step in Saratoga’s Hazardous Vegetation Abatement
Program administered by the Office of the Agricultural Commissioner. The Commissioner has
determined that there are parcels that have excessive weed growth in Saratoga. The purpose of
the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the
accumulation of combustible materials. It would be appropriate at this time for the City Council
to adopt the resolution setting a public hearing on January 5, 2011 for consideration of a
Declaration of Nuisance as to specific properties containing hazardous vegetation.
As in the past two years, the Santa Clara County Department of Agriculture and Environmental
Management Office will charge property owners who have not complied with the minimum fire
safety standards at the time of the initial inspection, even though the property owner eventually
performs the abatement work. The inspection fee is $298. The authority for these charges is
found in Government Code Section 39573 and California Health and Safety Code Section 14902.
FISCAL IMPACTS:
No fiscal impact to the City of Saratoga if the resolution is adopted. The County of Santa Clara
recovers its costs from the administrative portion of the fee charged to property owners.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
56
Prior to actual abatement The property owners of the parcels containing weeds needing
abatement are sent three notices informing them that the hazardous vegetation must be abated,
either by the owners or by the County. The notices inform the property owner that the County
abatement will commence if work is not performed by the property owner; and the first two
notices inform the property owner how to present any objections to being in the Abatement
Program at two public hearings. The public hearings are noticed in the Saratoga News as well.
After the public hearing and Declaration of Nuisance as to specific properties on January 5, 2011,
the Council will give notice and consider adopting another resolution, this time ordering the
actual abatement on properties whose owners did not object or whose objections the Council
overruled.
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 Declaring Hazardous Vegetation (Weeds) as Public Nuisance and
Setting Public Hearing
57
RESOLUTION NO. 10-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
DECLARING HAZARDOUS VEGETATION (WEEDS)
TO BE A PUBLIC NUISANCE
AND SETTING A PUBLIC HEARING TO CONSIDER
DECLARATION AS TO SPECIFIC PROPERTIES ON JANUARY 5, 2011
WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain
streets, sidewalks, highway, roads and private property; and
WHEREAS, said vegetation attains such growth as to become a fire menace or are
otherwise noxious or dangerous; and
WHEREAS, said vegetation constitutes a public nuisance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as
follows:
1. That whenever weeds are growing upon or along any street, sidewalk, highway, road and
private property, such weeds constitute a public nuisance and the City Council may declare
the same a public nuisance;
2. That said nuisance exists upon certain streets, sidewalks, highways, roads and private
property, within the City of Saratoga and is hereby declared to be a public nuisance;
3. That notice of the Public Hearing described in paragraph 4 below at which the City Council
will consider declaring a public nuisance as to specific properties is hereby ordered to be
given to the owners of those specific properties identified as containing hazardous vegetation
(weeds) by the City’s Enforcement Officer and more particularly 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 County Fire Marshal and/or the County Agricultural
Commissioner;
4. That it is ordered that on Wednesday, the 5th day of January, 2011, a Public Hearing will be
held during a regular meeting of the Saratoga City Council which will begin at 7:00 p.m. in
the Saratoga Civic Theater, 13777 Fruitvale Avenue, hereby fixed as the time and place
where objections to the proposed Declaration of Nuisance as to Specific Properties requiring
destruction and removal of hazardous vegetation (weeds) shall be heard and given due
consideration;
5. That the County Fire Marshal and/or the County Agricultural Commissioner is hereby
designated as the person to cause notice to be given in the manner and form provided in
Article 15, Chapter 7 of the Saratoga City Code, and as the person to hereafter cause
abatement of the seasonal and recurring hazardous vegetation (weed) nuisance described
above.
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The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 15th day of December 2010, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Howard A. Miller, Mayor
ATTEST:
DATE:
Ann Sullivan, City Clerk
59
1
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: Recreation & Facilities CITY MANAGER: Dave Anderson
PREPARED BY: Michael Taylor, Recreation & Facilities Director
DIRECTOR: Michael Taylor
SUBJECT: Security Door Lock Project – Award of Contract with Stanley Security
RECOMMENDED ACTION:
Review report and
1. Move to declare Stanley Security Solutions, Inc. (Stanley) of Fremont to be the
lowest responsible bidder on the project.
2. Move to accept bid and authorize the City Manager to enter into a construction
contract with Stanley for phase one of the project in the amount of $25,190.49.
3. Move to accept bid and authorize the City Manager to enter into a construction
contract with Stanley for the optional phase two of the project in the amount of
$32,337.83.
4. Move to authorize staff to execute change orders to the contract up to $5,500.
REPORT SUMMARY:
Currently, all doors at City Hall must be manually locked or unlocked. The City plans to
increase security of the City Hall campus by investing in an electronic lock facility
security system that would eliminate the possibility of doors left unlocked during non-
working hours. Doors would be set to automatically unlock and lock based on City Hall
hours of operation. This project will help reduce the possibility of loss of or damage to
City property as a result of doors left unlocked after hours. Staff and authorized
personnel will be issued electronic proximity key fobs that are pre-programmed for
specific buildings on campus.
Staff requested bids for a keyless security system for City Hall with an option to include
the Theater and the portable buildings on campus. Bids were received from 10 vendors.
Two of the proposals did not meet the criteria of lock programming and five of the bids
were deemed cost prohibitive. One bidder required an annual subscription. Stanley
proved to be the contractor with the lowest responsible bid. Due to the lower-than-
expected cost, both phases of the project can be completed within budget and will
provide improvements to the City Hall buildings, and the Senior portable, the Preschool
portable, and the Theater building. The Community Center, Senior Center, Corporation
Yard, and Prospect Center would be included in later phases as funding becomes
available.
60
2
This project will resolve many security concerns by controlling access to City facilities;
possibly increasing staff efficiencies with automatic locking of doors. The project is
scheduled to be completed by March 31, 2011.
DISCUSSION:
Staff is confident that the proposed security system is the most appropriate model for
Saratoga facilities. Alternatives included magnetic stripe cards, replacing or re-keying
existing hardware, or other advanced security options. This system was highly
recommended and provided the features, expansion capability, and flexibility desired.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Stanley Security will not be declared to lowest responsible bidder and a construction
contract will not be awarded to that firm.
ALTERNATIVE ACTIONS:
N/A
FISCAL IMPACTS:
The cost of this project was included in the 2010-11 Capital Improvement Project
budget (Project Number 9312-002). The cost of this project will not impact the operating
budget as no maintenance costs are associated with the magnetic locks after
installation. Project management for installation has already been incorporated in the
City’s operating budget.
FOLLOW UP ACTION:
The contract will be executed and work will begin as soon as possible with completion
expected within 30 days.
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 and other public locations each Monday in advance of the
Council meeting and residents may subscribe to the agenda online by opting in to
notices at www.saratoga.ca.us.
ATTACHMENTS:
Attachment A – Bid Summary
Attachment B – Contract with Stanley Security
Attachment C – Stanley Warranty
61
SECURITY ACCESS SYSTEMS RECAP
By Thomas Scott 9/20/10
VENDOR CONTACT INFO. DESCRIPTION AND FEATURES COSTS EVALUATION
West Coast Security, Inc.
911 Bern Court
Suite 130
San Jose, CA 95112
Doug Begonia
Office 1 800 421-2585
Direct 318-6182 ext 306
Cell 203-9503
Hirsch Access control panel, 7 exit motion
detectors, 7 Match readers, Wired system,
Access prox cards 100, power supplies
Needs Bay Cities Lock & Safe to do door
hardware and installation
$25,510.95
$12,182.08
Total cost:
$37,693.03
Cost concerns
Comtel Systems Technology
1292 Hammerwood Avenue
Sunnyvale, CA 94089
Denny Spurlock
Office 543-5600
Direct 543-5663
Cell 390-9197
S2 Access Control System, card readers,
electrified door hardware with built in request to
exit switches and door position switches,
plenum cables to all devices, power supplies,
no hardware re-keying costs in bid, no 120 VAC
hardwiring to control panel, no wireless ADA
operator integration
$37,686.00 Cost concerns,
not all elements
done by
Contractor
RFI
360 Turtle Creek Court
San Jose, CA 95125
Jeanne McGuire
Office 298-5400
Direct 882-4266
Cell 332-0359
S2 Access Control System, proximity card
readers with 200 cards, electrified door
hardware and alterations included, will use Pro
Door as subcontractor for door work, no 120
VAC hardwiring to control panel
$39,493.00 Cost concerns,
not all elements
done by
Contractor
Stanley Security Solutions
47225 Fremont Blvd.
Fremont, CA 94538
Jeff Silva
Office 800-923-7855
Cell 510-684-4019
Stanley WI-Q Wireless System, wireless
readers, uses the Best keying system on the
hardware, Access prox cards 100, no 120 VAC
hardwiring but can be done in-house, taxes,
shipping and handling charges added later
$25,190.49 Best system for
the money that
can do all of the
elements
Mach Security Solutions
14938 Camden Ave. #23
San Jose, CA 95124
Joe Rechenmacher
Office 771-7278
CyberLock System starter kit with door
hardware and software, 100 CyberKeys, only
controls door access no timed mag-lock system
for opening of doors
$15,172.93 Not all elements in
the system done
by Contractor, not
all work included
A
t
t
a
c
h
m
e
n
t
A
62
SECURITY ACCESS SYSTEMS RECAP
By Thomas Scott 9/20/10
VENDOR CONTACT INFO. DESCRIPTION AND FEATURES COSTS EVALUATION
Allied Lock & Safe, Inc.
1122 Saratoga Avenue
San Jose, CA 95129
Brian Skellenger
Office 554-8333
Cell 590-9184
CV-32 Access Control panels with software for
4 locations, power supplies, batteries, HID card
readers, all needed door hardware and exiting
hardware, mag locks for each door, 25 fobs and
25 access cards, wired system, emergency pull
stations for exiting, no 120 VAC hardwiring
$25,901.25 Basic system
Integrated Access Security
1406 Main Street
Redwood City, CA 94063
Don Neves
Office 888-499-0070
Galaxy Access Control System installed with all
electrical, software and locksmithing
requirements, Adams Rite door exiting
hardware, no access cards or fobs in bid price
for system
$30,287.61 Cost concerns
Howell Electric
519 Aldo Avenue
Santa Clara, CA 95054
Ard Gwinner
Office 980-8800 ext 118
Cell 639-0460
AMAG Access Control system with software,
power supplies, exit motion detectors, batteries,
wired system, proximity readers, 150 access
cards, Adams Rite and VonDuprin door
hardware
$33,039.50 Cost concerns
Kelex Security
P.O. Box 877
Campbell, CA 95009
Marvin Johnson
Office 378-2672
7 Mag lock door systems, exterior key pads,
interior motion releases, NAC power supplies,
wired system with no controller and no electrical
work
$22,479.00 Too basic of a
system and not all
elements done by
Contractor
Integrated Door Solutions
3012 Scott Blvd.
Santa Clara, CA 95054
Gary Allen
Office 562-9973
Cell 933-8831
Brivo ACS5008-E OnSite Embedded Controller
with 7 readers, 200 Prox II cards, power
supplies, batteries, wired system with no
electrical work, Adam Rite Hardware, electric
transfer hinges, Brivo Web Hosting one year
subscription only
$23,616.80 Yearly web
hosting
subscription
required
Page 2 of 2
63
CITY OF SARATOGA
SHORT FORM CONSTRUCTION AGREEMENT
FOR PROJECTS WITH NO FEDERAL FUNDING
Project Name: Perimeter door Security System for the City Hall buildings, Pre School
portable, Senior Center portable and Theater building.
THIS AGREEMENT is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ("City"), and Stanley Security Solutions, Inc.,
("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 (referenced hereafter as the “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
64
work by force account, partial payments, and final payments. Where there is a conflict
between the requirements of the several Contract Documents, the more stringent
requirements shall govern.
2. TERM. The term of this Agreement commences on the date last signed below
and continues through completion of the Work, 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.
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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 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
66
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."
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 stated in the Special Provisions. 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
67
remed y 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.
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.
68
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 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 b y 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
69
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 indemnification shall extend to claims asserted after
termination of this Contract for whatever reason. In the event of comparative or
contributory fault between Contractor and the City or its employees and agents
(collectively, "Others"), Contractor's liability under this section shall be limited to that
portion of the claim, damage, loss, or expense (including costs and reasonable attorney's
fees) arising out of Contractor's negligence. Notwithstanding anything herein to the
contrary, it is expressly agreed that under no circumstances shall Contractor be held liable
for any incidental, special or consequential damages, including, but not limited to, loss of
profits, whether arising under alleged breach of contract, negligence, strict liability, or
any other legal or equitable theory, and Contractor's liability shall be strictly limited to
any amounts paid to Contractor under this agreement and any applicable insurance
proceeds.
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.
70
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 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.
71
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.
UTILITY FACILITIES.
A. The Contractor shall protect from damage any utility facilities that are to remain in
place, be installed, relocated or otherwise rearranged.
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 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
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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.
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
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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, 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 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.
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
74
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.
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. All goods provided by Contractor are subject to Contractor's standard warranty, the
terms of which are set forth in Exhibit E and hereby incorporated by reference.
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L. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of Saratoga Contractor
By: _________________________
Dave Anderson,
City Manager
Date: ________________________
By: _________________________
Donna Martinez,
General Manager,
Stanley Security Solutions Inc.
Date: ________________________
Attest:
__________________________
Ann Sullivan,
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
Exhibit E -- Warranty
/
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Exhibit A
Scope of Work
Summary of Work to be Performed: The Contractor shall install a wireless security
system on the perimeter doors of the City Hall buildings, Pre School portable, Senior
Center portable and Theater building. Refer to the Stanley Security Solutions bids dated
12/03/2010 and 11/09/2010 for materials and installation details. The hardware installation
will be planned for two agreed upon days in January or February, 2011, after the
Contractor has all of the software installed and other materials ready. All software
required for the security system will be installed and tested before the installation of the
door hardware begins.
Contract Time: Contractor shall complete the Work no later than March 31, 2011.
Work to be Performed: The Work is described in the following documents which are
incorporated into and hereby made a part of this Agreement:
• Proposals dated November 9 and December 3, 2010 from Stanley
Security Solutions, Inc.
In the event of a conflict between the text of this Agreement and the document described
above, the text of this Agreement shall take precedence. 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: Warranty terms are set forth in Exhibit E.
Contract Administration: This Agreement shall be administered on behalf of City by
Thomas Scott, ("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.
Notices to City pursuant to this Agreement shall be sent in accordance with Section 8 to:
Thomas Scott
Facilities Maintenance Supervisor
City of Saratoga
19700 Allendale Avenue
Saratoga, CA 95070
77
With a copy to:
Ann Sullivan
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:
Jeffrey Silva
Stanley Security Solutions, Inc.
47225 Fremont Blvd.
Fremont, CA 94538-6502
Additional Conditions: Without limiting the foregoing description of the Work,
Contractor’s Work 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.
• 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,
78
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.
//
79
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 November 9 and December 3, 2010
for the actual quantities of Work performed. The total amount paid to Contractor shall
not exceed Fifty-seven Thousand Five Hundred Twenty-eight Dollars and Thirty-
two Cents ($57,528.32) (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.
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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.
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
1. LICENSE CLASSIFICATION
In accordance with Section 3300 of the Public Contract Code, the City has determined
that the Contractor shall have a Class C28 (#819438) License 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: Five Hundred Dollars per day ($500.00/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 right to perform other or
82
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.
B. 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 -- Page 1 of 3
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.
84
Exhibit D -- Page 2 of 3
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.
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
85
Exhibit D -- Page 3 of 3
obligation to provide them. The City reserves the right to require complete, certified
copies of all required insurance policies, including endorsements effecting 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.
P:\SARATOGA\Contracts\12-08-2010 Stanley Security System Contract (Rev. 07-10-08).doc
86
87
Exhibit E
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Warranty
LIMITED WARRANTY
Excepl a s o therwise provided below, STANLEY warra nts that
all Products manufactured by STANL EY and sold under Its
tr ade names "BEST" and "STANLEY " are fr ee of defects in
materials, workmansh ip and operation, normal wea r and tear
excepted, for a period of three (3) yea rs from the date o f sa le
to th e o riginal purchaser. Th e liability o f STANLEY und er this
wa rr an ty is lim ited to the repat r or replacement of any Product
covered by the wa rr anty. WriHen nollce of a cla Im under th is
warranty sho uld be mailed to STANLEY SECUR ITY
SOLUTIO N S, P .O. Box 50444, Indianapolis, IN 46250. The
notice should Include Information as to the Iden tity of th e
Product and its defec t along wit h a cus tomer contact name,
compa ny name, add ress, and phone number. STANL EY will
then provida sh ipping directions, with all sh ipping cha rges
prepaid by you. STANLEY will then cause the Product to be
examIned and, if found defective and cove red under thI s
warranty. will repaIr or replace said Product at the sale
discretion of STAN LE Y. Warranty service shall only be
provided In the Unit ed States.
9K Mechanical Cylindrica l Lock warranty term shall be seven
(7) years from the date of sale to the original pu rchase r.
45H/47H Mechanical Mortise Lock Warranty term shall be
limited lifetime. 48H/49H Mortise Deadlock and a ll 45HW and
47HW Electromechanical Mortise Lock wa rr anty te rm sha ll be
five (5) years from th e date of sa le to I he original purchaser.
BEST 93Ka, 45HQ and EXQ locks using the Stanley WI·a n•
Wireless Te ch no logy shall be three (3) years from th e d ale of
sa le to the original purchaser. Stanley Portal Gateways,
Wireless Access Control/ers, An ten nas and oth er products
using S tanley W I·a m Wireless Technology not specifica ll y
mention ed shall be one (1) year fr om Ihe date of sa le to th e
origina l purchaser.
Software
NT500, Stanley wI-a'" T echno logy, and B .A.S.I.S . Soltware
Warranty - STANLEY warrants that all C D ROM and hardware
"keys sha ll be free from defects In materia l and workmanship
and will function in sub sta ntia l accordance to the specifica tions
. for a period of one (1) year fr o m the date of in sta ll ation .
Specific limitations:
The warranly fo r all NT500, Stanley wl·a'" Technology, and
B .A.S.I.S. Soltware Products does not cover, free -of-charge,
any pos t-sales lechnlca l support during th e warranty under the
followIng clrcum.stances:
Calls fr om sub· cont rac tors not a utho rized by S TAN LE Y
Problems caused by misuse of softwa re or hardware .
•. Failure to provide a network connection or sIte phone line for
a modem conpectlon, if deemed necessary by STAN LEY.
Technical support for third party soltware or hardware
products .
Technical support for network so ftware products.
Support for the Items above during normal technical support
hours will be provided a t an hourly rate of $150, billable in one
(1) hou r in cremen ts. For pre-a rra nged, afte r-hours support,
please call for quote.
GENERAL LIMITATtONS OF WARRANTY
Thi s warranty specifically exclud es, and STANLEY shall not be
he ld responsible for, damage caused by Product malfunction
or failu re attributable to ac ts of God , imp ro per use or
ins tallation , poor or no maintenance, wo rk perfo rmed by other
than an Authorized STAN LE Y lechnlclan; failure to follow
STANLEY's operating ins truc tio ns or environmental
specifica tion s, modification, vandalism, shippI ng andlor
handling , improper storage, accident, abuse or any oth er
cause not within the co nt ro l o f STANLEY o th er than ordinary
wear and tea r.
STAN LE Y provides no wa rranty or guarantee that its 'co res
andlor cyli nd e rs will funcll o n properly or be mechanically
compatible with products not manufactured by STANLEY.
Third Party Warranty
Except as otherwise provid ed above, STANLEY m akes no
warranty. express or implied, wit h re ga rd to thi rd party
hardware or software and expressly discla im s the im plied
wa rrantie s or cond iti ons of merchan tability or , merchantable
quality, mn ess fo r a particular purp ose, title, Infring em en t an d
th ose arising by statu te or otherwise In law. Custome r's sale
re cou rse for wa rr an ty claims Is wilh th e manufactu rer of the
Product. However, STANLEY agrees to pass th roug h any third
party warranty that STAN LE Y receives from the manufacturer
of the Products to buyer. The exten t of any th ird party warranty
details, terms and co nditi ons , remed ies and proce dur es may
be exp ressly stated on, or packaged with, o r otherwise
accompanying the Products.
Stanley Se curily Solutions , Inc IVww .s!anleysecu ritysolution s.com
Pri ce li s! 59 Phone: (BOO) 392·5209 Fax : (Bl7) 835·1030 Page 5
88
Exhibit E
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"l1li ,,. ACCESS SYSTEMS
Warranty
EXCEPT AS SET FORTH HEREIN, STANLEY MAKES NO
WARRANTIES, EXPRESSED OR IMPLIED , AND BUYER
ACKNOWLEDGES THAT NO REPRESENTATIONS,
WARRANTIES , PROMISES OR STATEMENTS HAVE BEEN
MADE BY STANLEY, WITH RESPECT TO THI S PRODUCT,
OR ANY PART OR PORTION THEREOF. IN ADDITION,
STANLEY MAKES NO WARRANTY OF MERCHANTABILITY
OF THIS PRODUCT OR ANY PART OR PORTION
THEREOF. FOR ANY PURPOSE, NOR ANY WARRANTY
WHICH EXTENDS BEYOND THE DESCR IPTION ON THE
FACE HEREOF. STANLEY SHAL L NOT, IN ANY EVENT, BE
LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL
DAMAGES SUFFERED BY BUYER OR ANYONE CLAIMIN G
BY, THROUGH OR UNDER BUYER, AS A RESULT OF THE
CONDITION OF THIS PRODUCT, OR ANY PART OR
PORTION THEREOF, AND THERE ARE NO ORAL OR
WRITTEN UNDERTAKI NGS OR AGREEMENTS OF ANY
TYPE PROV IDED BY STAN LE Y EXCEPT AS EXPRESSLY
S ET FORTH HEREIN . SOME STATES 00 NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LA STS OR PROHIBIT THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY
IN YOUR STATE
Architectural Finishes
BHMA u.s.
No. No. Des cript ion
605 3 Brigh t bra ss, clea r coated
606 4 Satin brass, clear coaled
611 9 Bright bronze, clear coa ted
612 10 Satin bronze, cle ar coated
613 lOB Oxidiz ed sa tin bronze , all rubbed
6 18 14 Bright nickel plated, clear coated
619 15 Sa lin Ni cke l Plated , Clear Coated
622 19 Flat Black, Coated
625 26 Br ig ht Chromium Plated
626 260 Satin Ch romium Plated
627 27 Satin Aluminum, Clear Coated
628 28 Sati n Alum inum , Clear Anodized
629 32 Brlgh l Sia iniess Steel
630 320 Satin Stainless Sleel
690 20 Dark Bronze Coated
Sian Icy Sec urity So lu tions , In c www .s tanley sec urity so lulions .co m
Pri ce list 59 Phone: (BOO) 392·5209 Fax: (BlJ) 835·1030 Page 6
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan DIRECTOR:
City Clerk
SUBJECT: Records Management Program: Resolutions Authorizing Final Disposition of
Certain City Records
RECOMMENDED ACTION:
Adopt Resolution Authorizing Final Disposition of Certain City Records.
BACKGROUND:
In June 2009, the City Council approved a new Records Retention Schedule. In accordance with
the schedule, each year, Staff and the City Attorney review archived documents to determine
those that are nonessential and can, therefore be disposed of.
In order to comply with state law, processing expired records for destruction is a multi-step process:
1. Staff in each department identifies records that have expired in accordance with the
approved records retention schedule.
2. Department directors review and approve the list of records to be destroyed in their
departments.
3. The City Clerk and City Attorney review and approve a combined list of all expired records.
4. The list of records is presented to the City Council along with a resolution authorizing the
shredding of listed documents. Records may not be shredded without the authorization of
the City Council.
5. Records of historical significance and permanent records will not be marked for final
disposition.
At this time, Staff has identified 80 boxes of expired records and is requesting authorization from
the Council to proceed with disposition of the documents.
FISCAL IMPACTS:
Funding for final disposition of records is included in the operating budget.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
89
Page 2 of 2
Expired records will be retained, resulting in a shortage of in-house storage necessitating costly
off-site storage arrangements.
ALTERNATIVE ACTION(S):
Remove specific records from destruction list and approve with changes.
FOLLOW UP ACTION(S):
Council has authorized the records destruction based on the adopted records retention policy.
Documents authorized for final disposition will be processed shortly after authorization.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records
Attachment 2 -Exhibit A: List of Records for final disposition.
90
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA AUTHORIZING
THE FINAL DISPOSITION OF CERTAIN CITY RECORDS
WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to
destroy certain records, documents, instruments, books or paper after the same are no longer required
with the approval of the legislative body by resolution and the written consent of the City Attorney.
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: That it
does hereby authorize the department heads to have those certain records, documents, instruments,
books or paper under their charge as described in Exhibit ‘A’ to be shredded.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 15th
AYES:
day of December, 2010 by the following vote:
NOES:
ABSTAIN:
ABSENT:
______________________
Howard A. Miller, Mayor
ATTEST:
_____________________________ DATE:
Ann Sullivan, City Clerk
91
Dec 2010 -boxes to be destroyed
Document name Record Series
official
retention
date to be
destroyed
PW 23B Copies of Sheriff contracts 1993-1996 Reference files, Internal SU+2 2002
Booking Fees correspondence 1996 Public Comments and correspondence CU+2 1999
Weed Abatement correspondence 1996 Public Comments and correspondence CU+2 1999
Fire Department correspondence 1995 Public Comments and correspondence CU+2 1998
Sheriff Substation relocation 1994 Reference files, external SU+2 1999
Commissioner applications 2000-2005 Applications. Commissions -not selected CL+2 2008
False Alarms, correspondence 1983 & 1990 Compliant files CL+2 1995
CUPU program 1995 Reference files, external SU+2 2000
Correspondence from State Emergency Services Reference files, external SU+2 2000
Copies of Law Enforcement Contract 1996-1997 Reference files, Internal SU+2 2002
Sheriff's department correspondence 1994-1996 Public Comments and correspondence CU+2 1999
county Communications correspondence 1986-1989 Reference files, external SU+2 1995
Correspondence -complaints 1993 Public Comments and correspondence CU+2 1996
Committee statements 1981 Campaign Disclosure, not elected E+5 1987
Cancellation of Bond 1982 Bond Documents CL+10 1992
Bond Release 1990 Bond Documents CL+10 2000
Correspondence on Winter Storms 1995 Public Comments and correspondence CU+2 1998
County Emergency Services correspondence 1995 Reference files, external SU+2 2002
PW22 Parks and Recreation Commission correspondence Administrative Records CU+2 2007
2C Parking Citation Reports 1991-1995 CDD-code compliance CL+2 1998
4A cash edit postings 1990's Accounts Receivable AU+4 2000
5B accounts receivable files 1996-1997 Accounts Receivable AU+4 2002
no number Cash Receipt books F/Y 1995-1996 Accounts Receivable AU+4 2001
8 Cash receipt books F/Y 2004 Accounts Receivable AU+4 2009
9D Bank reconciliation workpapers (Feb '98 - June '98)Reports -Account Reconcilation AU+5 2004
10A
Financial Reports FY 96/97 (Balance Sheet, Function
Status)Reports Working papers CU+2 2000
16D Payroll reports 1997 Payroll CU+6 2003
92
17A false alarm, parking citations 1988-1993 CDD-code compliance CL+2 2000
23D Retired employee records through 1989 Payroll CU+6 1995
29D deferred comp plans 1978-1981 Payroll T+5 2001
31A Payroll reports 1993-94 Admin services-payroll CU+6 2000
26 or 76 bank recon 1983-84, pers 83-84, Bank Reconcillation AU+5 1990
44B false alarm card 1986-87 CDD-code compliance CL+2 1991
73A
deferred comp reports, health insurance, pers annual
1990-1993 Deferred Comensation records T+5 2001
74B Cash Receipt books 1999-2000 Accounts Receivable AU+4 2005
74 C Cash Receipt books F/Y 2000 Accounts Receivable AU+4 2005
76D receipt books 2000-2001 Accounts Receivable AU+4 2006
77A receipt books oct 2000-april 2001 Accounts Receivable AU+4 2006
78A Budget workpaper and revenue estimates FY01/02 Reports -working papers CU+2 2005
79D Deductions Register and Payroll Reports ('86-'87)Payroll reports AU+2 1993
85 B Cash Receipt books F/Y 2001 Accounts Receivable AU+4 2006
87C A/R Statements (12/31/99-4/6/00)Accounts Receivable AU+4 2005
91D PERS 2001 Admin services-payroll CU+6 2008
93A
Payroll Checking Account, Cleared Checks, June 2000-
June 2002 Payroll AU+5 2008
94A Payroll 2003 Admin services-payroll CU+6 2009
95B Journal Entries ('01-'02) (Period 1-13)Journal AU+7 2010
95B
Bank Reconciliation (Savings Acct), First Trust (US Bank)
Statement of Investments Bank Reconcillation AU+5 2008
96B Receipt Books (#50101-55850) (Aug. 2000 - June 2003)Accounts Receivable AU+4 2008
99A Payroll Reports/Records (Jan. '03-Feb. '03)Payroll AU+2 2006
99C Payroll Reports/Records (April '03-June '03)Payroll AU+2 2006
99D
month end registers –2002-2003, PERS retirement
reporting-2002-2003 Payroll CU+6 2009
100A Time sheets 2002 Payroll CU+6 2008
135A-2 cash receipt books 2005 Accounts Receivable AU+4 2010
139B receipt books may 2004-nov 2004 Accounts Receivable
139C receipt books nov 2004-sept 2005 Accounts Receivable
246 I-9's 1993-2005 HR-Immigration T+5 2010
F7 - 12 Cash receipt books F/Y 2003 Accounts Receivable AU+4 2008
93
F1 - 9 Cash Receipt books F/Y 2003-2004 Accounts Receivable AU+4 2009
F33-52 Cancelled checks 2004-2005 Admin services-accounts payable AU+5 2010
F11 Business license renewal reports 2004 Accounts Receivable T+4 2009
F3-19
cancelled payroll checks –2002-2004, payroll acct. bank
recon. 2003-2003 Payroll CU+6 2009
F47-34 accounts payable –2002-2003 Accounts payable AU+4 2009
F49 general checking account reconciliation –2003-2004 Accounts Payable AU+4 2009
CMO Misc. Reference Files, External Sources 1990-1993 Reference Files, External SU+2 2002
Utility Encroachment Permits Invoices 1991-1998 Accounts Receivable AU+4 2003
code
compliance 1
closed cases – dated 2001 – 2005 violations include
zoning violations – all matters closed. Special event
permits 2001-2005 – all events closed and expired.CDD-code compliance CL+2 2008
CC2
closed cases – dated 2003 – 2005 violation include zoning
violations – all matters closed. Special event permits 2002
– 2005 – all events closed and expired. Parking Citations
and Fire alarm appeal – 1998 – 2004 – all matters closed.
Solicitor permits – expired 1998 -2001 CDD-code compliance CL+2 2008
CC3
– closed cases – dated 2000 – 2003 violations – zoning –
all matters closed. CDD-code compliance CL+2 2006
CC4
Massage files – closed – 1995-1998, Complaints – animal
– closed - 2000 – 2003,Sheriff reports – closed 2000-2006 CDD-code compliance CL+2 2009
Brown Box1 Closed code enforcement cases 1990 CDD-code compliance CL+2 1993
Brown Box2 Closed code enforcement cases 1985 CDD-code compliance CL+2 1989
False Alarm1 False Alarm cards 1994-1997 CDD-code compliance CL+2 2000
False Alarm2 False Alarms 1991/Small Claims Court 1991 CDD-code compliance CL+2 1995
HR1 Terminated Employee Records 1993 HR- Employees Personnel Files T+10 2004
HR2 Deferred Comp Employee Records A-Z HR- Employees Personnel Files T+10 1999
Terminated/Retires prior to 1988
501
Payroll Reports , Pay Period #22/04 to #25/04, Record
Dates 10/04 TO 12/04 Payroll --organization reports AU+2 2009
502
Payroll Reports , Pay Period #8/04 to #11/04, Record
Dates 03/04 TO 05/04 Payroll --organization reports AU+2 2009
94
504
Payroll Reports, Pay Period #1/04 to #4/04, Record Dates
01/04 TO 02/04 Payroll --organization reports AU+2 2009
506
Payroll Reports, Pay Period # 14/04 to # 17/04, Record
Dates 07/04 TO 08/04 Payroll --organization reports AU+2 2009
507
Payroll Reports, Pay Period # 18/04 to # 21/04, Record
Dates 09/04 TO 10/04 Payroll --organization reports AU+2 2009
508
Payroll Reports, Pay Period # 5/04 to # 7/04, Record
Dates 03/04 TO 04/04 Payroll --organization reports AU+2 2009
515
Payroll Reports, Pay Period #12/04 to #13/04, Record
Dates 05/04 TO 06/04 Payroll --organization reports AU+2 2009
524
Payroll Reports, Pay Period #18/03 to #22/03, Record
Dates 09/03 TO 10/03 Payroll --organization reports AU+2 2008
525
Payroll Reports, Pay Period #14/03 to #17/03, Record
Dates 07/03 TO 08/03 Payroll --organization reports AU+2 2008
526
Payroll Reports, Pay Period #23/03 to #25/03, Record
Dates 11/03 TO 12/03 Payroll --organization reports AU+2 2008
533 Terminated Employees, Record Dates 01/03 TO 12/03 Payroll --organization reports AU+2 2008
535
Terminated Employees, Payroll folder and TImesheets;
Recreation Leaders; Record Dates 01/97 TO 05/02 Payroll --organization reports AU+2 2008
577
Bank Deposit Receipts record date FY 04/05-05/06 and
Bank Deposit Tickets record date FY 03/04-05/06 Payroll --organization reports AU+2 2009-10
No Number
(Six Boxes) Unused Business License and Renewal notice
blank forms. Unusable due to mechanical failure of
printer N/A N/A N/A
No Number Bank Statements FY03/04 Bank Reconciliation AU+5 2009/10
No Number 1985 Finance, Investment, & Risk Management reports Administrataive Records AU+5 1990
No Number 1996/97 Balance Sheets/Business Tax Reports Accounts Receivable AU+4 2001
95
1
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Jana Rinaldi DIRECTOR: John Livingstone
________________________________________________________________________
SUBJECT: Parking Violation Penalty Surcharge
RECOMMENDED ACTION:
Adopt resolution approving a three-dollar increase for parking violations.
REPORT SUMMARY:
With the passing of Senate Bill 1407 in late 2008, Santa Clara County raised its processing fee from
$5.00 to $9.50 per parking violation. Saratoga City Council subsequently approved a $10.00
increase per parking violation in July 2009 to pass the fee onto citizens.
On October 8, 2010, the State of California’s budget agreement was signed into effect, which
included budget trailer Senate Bill 857. This bill added a number of fees; one being a $3 surcharge
for each parking penalty, fine, or forfeiture, to become effective December 7, 2010. This new
surcharge fee is to be collected by the cities and forwarded to the State of California. Cities and/or
counties will not receive any portion of this increase.
The surcharge is projected to generate $10.5 million in additional revenue, and will help fund trial
court operations with the construction and maintenance of court buildings throughout the state. The
parking fine increase is set to expire on July 1, 2013 unless otherwise extended.
Staff became aware of this new fee after receiving a notice from the County on December 7th, and is
therefore requesting Council approve the pass-through increase in parking violation penalties without
delay to provide immediate relief from the additional surcharge. As this new fee is a State surcharge,
not a user fee, the increase can be implemented as soon as notice is provided to the Superior Court,
the Santa Clara County Sheriff’s Department, and the City’s ticket processor, DataTicket.
Staff requests the surcharge correspond with the State fee. If the surcharge expires on July 1, 2013,
the City would eliminate the surcharge. If the surcharge is extended, the City would automatically
extend the increase.
A resolution authorizing the increase and an updated Parking Fine Schedule with the proposed $3
increase is attached to this report.
96
2
FISCAL IMPACTS:
An increase of $3.00 per parking violation will cover the increase from the State Senate Bill 857.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
If the City does not increase the parking bail schedule to cover the Santa Clara County fee, the City
will lose $3.00 for every paid citation.
FOLLOW UP ACTION(S):
Contact Sheriff, Superior Court and DataTicket to enact the increase.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Resolution
2. Proposed Saratoga City Code Parking Violation Fine Schedule
97
- 1 -
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
TO INCREASE THE AMOUNT OF FINE REQUIRED FOR
A PARKING VIOLATION
WHEREAS, the Saratoga Parking Violation Fine Schedule has not increased since 2009;
and
WHEREAS, the increase will cover the new State of California surcharge; and
WHEREAS, an increase in parking violation penalty amounts will allow the City of Saratoga to
recover enforcement funds, thereby lowering parking enforcement’s reliance on general city funds
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
Saratoga City Council approves an increase in the fine amount of the Saratoga Parking Violation
Fine Schedule by three dollars per violation.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga
City Council held on the 15 day of December, 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Howard Miller, Mayor
ATTEST:
____________________________
Ann Sullivan, City Clerk
98
PROPOSED
City of Saratoga Parking Bail Schedule
ORDINANCE VIOLATION DESCRIPTION BAIL
9-15.050(c) Parking where prohibited $58.00
9-15.060(c) Parking in excess of time limit $58.00
9-15.090(a) Commercial loading zone $58.00
9-15.100(a) Passenger loading zone $58.00
9-15.120(a) Bus loading zone $273.00
9-15.130(a) Mail deposit zone $58.00
9-20.030(a) Parking in prohibited areas at City Hall $43.00
9-25.010(a) Parking in excess of 72 hours on public street $73.00
9-25.020(b) Parked while repairing a vehicle on public street $58.00
9-25.030 Commercial vehicle on residential street longer than 20’ or
over 8’ in height between the hours of 2000-0800
$123.00
9-40.050 Parking a commercial vehicle over 5 tons off truck route $123.00
10-05.050 Parking on a sidewalk or pedestrian walkway $58.00
11-05.040(b) Parking a vehicle in City Park- must be in parking lot $58.00
15-12.160 Parking a vehicle on private property over 120 hours $73.00
15-35.110(a) Parking a vehicle for sale on a commercial lot $63.00
15-35.110(b) Parking more than one vehicle for sale on private property $63.00
(No change to State violations)
CVC CVC VIOLATION DESCRIPTION BAIL
21113(a) Parking in violation on public property (Schools) $35.00
22500(a) Parking unlawfully within an intersection $35.00
22500(b) “ on a crosswalk $35.00
22500(c) “ adjacent to a safety zone $35.00
22500(d) “ within 15 feet of a fire station driveway $35.00
22500(e) “ blocking a public or private driveway $35.00
22500(f) “ on a sidewalk $35.00
22500(g) “ blocking excavation $35.00
22500(h) “ double parking $35.00
22500(i) “ in a posted bus loading zone $255.00
22500(j) “ in a tunnel or tube $35.00
22500(k) “ on a bridge $35.00
22500(l) “ blocking a wheelchair ramp $280.00
22500.1 Parked in a posted fire lane $50.00
22502(a) Parking with right hand wheels more than 18” from curb or
direction of traffic
$35.00
22505(b) Parking on highway where sign posted $35.00
22507.8(a) Parked in handicap stall (no placard in view) $336.00
22507.8(b) Obstructing or blocking access to handicap stall $336.00
22514 Parked within 15 feet of fire hydrant $50.00
22516 Person locked in vehicle (no escape access) $100.00
22521 Parked on or within 7½ feet of railroad tracks $35.00
22522 Parked within 3’ of any sidewalk access ramp to a crosswalk $280.00
22523(b) Abandoned vehicle upon a highway $250.00
99
100
Page 1 of 4
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Commission Qualifications and Expiring Terms
RECOMMENDED ACTION:
Accept the list of Commission qualifications and terms expiring in the 2011 calendar year.
BACKGROUND:
Per Municipal Code 2-12.010(f), “on or before December 31 of each year, the City Clerk shall
prepare and the City Council shall adopt a list of all Commissions containing the following
information:
1. A list of the qualifications necessary for each Commissioner position; and
2. A list of all Commissioner terms which will expire during the next calendar year,
including the name of the incumbent Commissioner, the date of appointment, the date the
term expires and the qualifications necessary for the position.
This list shall be made available to the public and shall be posted in the office of the City Clerk
and at the Saratoga Library.”
Commissioners must be a Saratoga resident and a registered voter in the City of Saratoga, with
the exception that one member of the Library Commission must be a resident of Monte Sereno
and Youth Commissioners are not required to be registered voters. Additionally, each
Commission applicant must attend at least one meeting of the Commission he or she is applying
to before being interviewed by the City Council. Commissioners may not hold an elected public
office and cannot be employed by the City of Saratoga.
Commission terms are 4 years and Commissioners are limited to two full consecutive terms on a
single Commission. Partial terms are not considered full term. Youth Commission terms,
however, are 2 years and there are no restrictions on the number of terms a Youth Commissioner
can serve.
Below is a list detailing special qualifications for each of the City’s Commissions and terms that
will be expiring in the 2011 calendar year.
101
Page 2 of 4
Heritage Preservation Commission
Special Qualifications (Municipal Code 13-10.010)
- One member to be nominated by the Saratoga Historical Foundation.
- Two members must be trained and experienced in the field of construction and structural
rehabilitation, such as a licensed architect, engineer, contractor, or urban planner.
Terms Ending in 2011
Hong Tai
- Appointed October 2007 – April 2011
- Eligible for reappointment
Library Commission
Special Qualifications
- One member is nominated by the City of Monte Sereno.
Terms Ending in 2011
Sam McBane Mulford
- Appointed March 2007 – October 2011
- Eligible for reappointment
Javed Khan
- Appointed June 2008 - October 2011
- Eligible for reappointment
Parks and Recreation Commission
Special Qualifications
- No special qualifications
No Terms Ending in 2011
Planning Commission
Special Qualifications
- No special qualifications, however, members must be able to attend regular meetings that
are held on the 2nd and 4th Wednesday of the month at 7:00 p.m. in the Civic Theater, site
visits held the day before public hearings, Commission study sessions, and City Council
meetings when necessary.
Terms Ending in 2011
Mary-Lynne Bernald
- Appointed November 1996 – April 2001, February 2009 – April 2011
- Eligible for reappointment
Linda Rodgers
- Appointed April 2004 – April 2007, May 2007 – April 2011
- Eligible for reappointment
102
Page 3 of 4
Traffic Safety Commission
Special Qualifications
- No special qualifications
Terms Ending in 2011
Nancy Kirk
- Appointed October 2007 – April 2011
- Eligible for reappointment
Judy Coulter
- Appointed May 2007 – April 2011
- Eligible for reappointment
Peggy Guichard
- Appointed April 2004 – April 2007, May 2007 – April 2011
- Eligible for reappointment
Mitch Kane
- Appointed May 2000 – April 2004, April 2004 – April 2007, May 2007 – April
20011
- Not eligible for reappointment
Youth Commission
Special Qualifications
- Members must be a resident of Saratoga in grade 7-12 while serving on the Youth
Commission.
Terms Ending in 2011
Aditya Dev
- Appointed July 2008 – July 2010, July 2010 – July 2012
- Not eligible for reappointment, graduating from high school in 2011
Troy Estes
- Appointed September 2009 – July 2011
- Not eligible for reappointment, graduating from high school in 2011
Vishal Goel
- Appointed September 2009 – July 2011
- Eligible for reappointment
Lauren Kuan
- Appointed September 2009 – July 2011
- Not eligible for reappointment, graduating from high school in 2011
Natasha Morgan-Witts
- Appointed September 2009 – July 2011
- Eligible for reappointment
Kevin Mu
- Appointed September 2009 – July 2011
- Not eligible for reappointment, graduating from high school in 2011
Priyanka Nookala
- Appointed September 2009 – July 2011
103
Page 4 of 4
- Eligible for reappointment
Ramiz Sheikh
- Appointed September 2009 – July 2011
- Not eligible for reappointment, graduating from high school in 2011
Lauren Tang
- Appointed July 2007 – July 2009, September 2009 – July 2011
- Not eligible for reappointment, graduating from high school in 2011
Sarah Tang
- Appointed September 2009 – July 2011
- Eligible for reappointment
Ali Wilson
- Appointed September 2009 – July 2011
- Eligible for reappointment
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
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:
Nothing additional.
104
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Brad Lind & Richard Taylor DIRECTOR: John Livingstone
________________________________________________________________________
SUBJECT: Public Hearing and Adoption of (1) Ordinance Adopting and Amending 2010 California
Building Standards Building, Residential Building, Electrical, Mechanical, Plumbing,
Fire, and Green Building Standards Codes with Modifications for Local Conditions, and
(2) Resolution regarding the need to modify the California Building Code due to local
conditions.
RECOMMENDED ACTIONS:
(1) Conduct a public hearing concerning the attached ordinance and resolution introduced at
the City Council meeting of December 1, 2010;
(2) Adopt the Ordinance Adopting and Amending 2010 California Building Standards
Building, Residential Building, Electrical, Mechanical, Plumbing, Fire, and Green
Building Standards Codes with Modifications for Local Conditions; and
(3) Adopt Resolution Adopting Findings of Fact regarding the need to modify the California
Building Code due to local conditions.
REPORT SUMMARY:
At its meeting of December 1, 2010, the City Council conducted the first of two meetings on the
attached ordinance and resolution adopting and amending the updated building, residential building,
electrical, mechanical, plumbing, fire, and green building standards codes. (The staff report and table
summarizing the ordinance for the December 1 are included as Attachment C.) The Council introduced
the ordinance and resolution at the earlier meeting and directed that (1) the ordinance be revised to
include amendments to the City’s sustainability code and (2) the findings of fact adopted by resolution
include additional details regarding amendments to the Fire Code. The attached ordinance (Attachment
A) and resolution (Attachment B) reflect these changes. The Council also requested that staff seek to
obtain a summary of the changes from the prior version of the State Building Code in this new version.
No concise summary has been identified. However, the State’s Building Standards Commission provides
detailed information on the Codes on its website: http://www.bsc.ca.gov/.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. Notice for
ordinance adoption was published in the Saratoga News on November 20, 2010 and the San Jose Mercury
News on December 10, 2010.
ATTACHMENTS:
Attachment A – Ordinance
Attachment B – Resolution Adopting Findings of Fact
Attachment C – Staff Report for December 1, 2010 City Council Meeting (with Attachment 1 only)
105
1
Ordinance No. __________
An Ordinance Adopting the 2010 California Building Standards Building, Residential
Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes
with Modifications for Local Conditions.
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 State of California has adopted the 2010 California Building Code (California
Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building
Standards Commission, based upon the 2009 International Building Code as
published by the International Code Council); the 2010 California Residential
Building Code (California Code of Regulations, Title 24, Part 2.5, California
Building Standards Commission as published by the International Code Council);
the 2010 California Electrical Code (California Code of Regulations, Title 24, Part
3, based on the 2008 National Electrical Code as published by the International
Code Council); the 2010 California Mechanical Code (California Code of
Regulations, Title 24, Part 4, based on the 2009 Uniform Mechanical Code as
published by the International Code Council); the 2010 California Plumbing Code
(California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform
Plumbing Code as published by the International Code Council); the 2010
California Fire Code (California Code of Regulations, Title 24, Part 9, based on
the 2009 International Fire Code as published by the International Code Council);
and the 2010 California Green Building Standards Code (California Code of
Regulations, Title 24, Part 11, California Building Standards Commission as
published by the International Code Council). These Codes shall hereinafter be
referred to collectively as the “Building Codes.”
B. On December 1, 2010, pursuant to California Government Code Section 50022.3,
the City Council of Saratoga conducted a first reading of the title of the ordinance
adopting the Building Codes, and of the ordinance to be adopted thereby, and
scheduled a public hearing on the adoption of the Building Codes to be held
December 15, 2010.
C. On November 30, 2010, pursuant to California Government Code Section
50022.6, at least one copy of the primary codes certified as true copies by the
legislative clerk were filed with the legislative clerk for public inspection.
106
2
D. On November 30, 2010, pursuant to California Government Code Sections
50022.3 and 6066, a notice was published in a newspaper of general circulation
stating the time and place of the December 15, 2010 public hearing and including
a description the legislative body deemed sufficient to give notice of the purpose
and subject matter of said ordinance. The notice informed the public that copies
of the primary codes considered for adoption were on file with the clerk of the
legislative body and open for public inspection.
E. On December 10, 2010, pursuant to California Government Code Sections
50022.3 and 6066, a second notice identical to the first was filed in a newspaper of
general circulation.
F. On December 15, 2010, pursuant to California Government Code Section 50022.4,
a public hearing was held. Following public testimony and consideration, the City
Council of Saratoga found adoption of the Building Codes was in the public
interest. Except as to the additions, deletions and amendments hereinafter noted,
the Building Codes are hereby adopted and made a part hereof, the same as if fully
set forth in this Article, and shall be the Building Regulations of the City.
G. Additions, deletions, and amendments identical to those adopted in the City of
Saratoga’s 2007 Building Regulations were and are deemed reasonably necessary
because of local climatic, geological, or topographical conditions pursuant to
Government Code Section 17958.5. Express findings that these modifications to
the Building Code were reasonably necessary were filed upon the adoption of the
City of Saratoga’s 2007 Building Regulations with the California Building
Standards Commission in accordance with California Health and Safety Code
Section 17958.7 and are available as a public record.
H. The new additions, deletions, and amendments hereinafter noted are deemed
reasonably necessary because of local climatic, geological, or topographical
conditions pursuant to Government Code Section 17958.5. Express findings that
these modifications to the Building Code are reasonably necessary will be filed
with the California Building Standards Commission in accordance with California
Health and Safety Code Section 17958.7 before this ordinance takes effect.
I. While the ordinance codified in this Article is in force, a true copy of the Building
Codes shall be kept for public inspection in the office of the Building Official and
a reasonable supply of the Building Code shall be available for public purchase in
the office of the City Clerk in accordance with Government Code Section 50022.6.
J. Unlike the 2007 version of the California Building Standards Code (California
Code of Regulations, Title 24), the 2010 California Building Standards Code
provides for damaged structures to be repaired or reconstructed to a structurally
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safe level, accounting for upgrades in wind and seismic standards. Therefore the
City Council of Saratoga does not deem it necessary to retain the provisions of
Article 16-16 of the Saratoga City Code (“Repair and Reconstruction Code”)
adopted in the City of Saratoga’s 2007 Building Regulations.
K. The City of Saratoga’s dense population is located in an area of high seismic
activity and steep slopes susceptible to erosion. Areas of critically expansive soil
and other unstable soil conditions create a need for soil retention and the diversion
or increased flow of surface waters, particularly on steep slopes. The provisions
of the Building Codes pertaining to excavation and grading, including the
provisions in Appendix J of the 2010 California Building Code, provide only
general direction and are insufficient to ensure public safety given these unique
climatic, geological and topographical features. Therefore the City Council of
Saratoga deems it reasonably necessary to retain the provisions of appendix
Chapter 33 only of the 2001 California Building Code (1997 Uniform Building
Code Vols. I, II, and III as compiled and published by the International
Conference of Building Officials and amended by the State of California) with
additions, deletions, and amendments identical to those adopted in the City of
Saratoga’s 2007 Building Regulations. These provisions are hereinafter referred
to as the “Excavation and Grading Code.”
Section 2. Adoption.
A. Amendments to Chapter 16 – Building Regulations
1. Article 16-15 of the Saratoga City Code concerning the Building
Code is hereby deleted in its entirety and replaced with Article 16-15
attached in Appendix A.
2. Article 16-16 of the Saratoga City Code concerning the Repair and
Reconstruction Code is hereby deleted in its entirety.
3. Article 16-17 of the Saratoga City Code concerning the Excavation
and Grading Code is hereby deleted in its entirety and replaced with
Article 16-17 attached in Appendix A.
4. Article 16-18 of the Saratoga City Code concerning the Residential
Building Code is hereby adopted as attached in Appendix A.
5. Article 16-20 of the Saratoga City Code concerning the Fire Code is
hereby deleted in its entirety and replaced with Article 16-20
attached in Appendix A.
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6. Article 16-25 of the Saratoga City Code concerning the Plumbing
Code is hereby deleted in its entirety and replaced with Article 16-25
attached in Appendix A.
7. Article 16-30 of the Saratoga City Code concerning the Mechanical
Code is hereby deleted in its entirety and replaced with Article 16-30
attached in Appendix A.
8. Article 16-35 of the Saratoga City Code concerning the Electrical
Code is hereby deleted in its entirety and replaced with Article 16-35
attached in Appendix A.
9. Article 16-49 of the Saratoga City Code concerning the Green
Building Standards Code is hereby adopted as shown in Article 16-
49 attached in Appendix A.
10. Section 16-72.020 of Article 16-72 concerning construction and
demolition debris is amended as shown below (text to be added is
shown in bold double underline (example) and text to be deleted is
shown in strikeout (example)):
16-72.020 - Review of proposed plan.
(a) The Building Official shall review a proposed construction and
demolition debris recycling plan to determine whether the plan
meets the following criteria:
(1) The plan identifies all recyclable construction or
demolition debris anticipated to be produced by the project.
(2) The plan explains how the applicant will recycle and/or
salvage for reuse a minimum of 50 percent of the nonhazardous
reasonably maximize the diversion of construction and demolition
debris from disposal in a landfill.
(3) The plan identifies end uses of the construction and
demolition debris that are consistent with the diversion goals of the
California Integrated Waste Management Act of 1989 (Cal. Pub.
Res. Code § 40000 et seq.).
(4) The plan specifies that all waste management
activities on the site, including construction and demolition
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debris recycling, collection, and disposal, will be carried out in
accordance with the Saratoga Code.
(b) The Building Official may recommend modifications to the
proposed plan in accordance with the criteria in subsection (a), and
the applicant may modify the proposed plan in accordance with the
recommendations of the Public Works Director and the criteria in
subsection (a).
(c) If the Building Official determines that the proposed plan
satisfies the criteria in subsection (a), the Building Official shall
approve the plan.
(d) If the Building Official determines that the proposed plan is
not being implemented or is being implemented in a manner that
is not in accordance with the Saratoga Code the Building
Official may suspend the permit(s) associated with the plan and
all work associated with those permits shall cease.
B. Amendment to Chapter 17 – Sustainability
1. Section 17-05.10 is amended to add the following new subparagraph
(q) and existing subparagraphs (q) and (r) are redesignated as (r) and
(s) respectively:
(q) Article 16-49 Green Building Standards Code. Requires
compliance with the State of California Green Building Code.
2. Section 17-05.10(q), redesignated as (r) by the preceding section, is
amended as follows (text to be added is shown in bold double
underline (example) and text to be deleted is shown in strikeout
(example)):
(r) 16-72 Construction and demolition debris. Requires a recycling
plan for construction and demolition debris for projects with more than
2,500 square feet of floor space. Plans must divert at least 50 percent of
waste should maximize waste diverted from landfills, and are documented,
approved, and overseen by City staff.
Section 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is
exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15308 (the
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amendments are exempt because they assure maintenance, restoration, enhancement, or
protection of the environment) and CEQA Guidelines section 15061(b)(3) (the amendments
are exempt because it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment).
Section 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has
been eliminated.
Section 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a
newspaper of general circulation of the City of Saratoga within fifteen days after its
adoption.
- Continued Next Page -
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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 1st day of December 2010, and was adopted by the
following vote following a second reading on the 15th day of December 2010:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
____________________________________
Howard Miller
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
____________________________________
Ann Sullivan
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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City of Saratoga Ordinance No. ___
APPENDIX A
Article 16-15 BUILDING CODE
16-15.010 Adoption of 2010 California Building Code.
(a) The 2010 California Building Code (2009 edition of the International Building Code as
compiled and published by the International Code Council and amended by the State of
California), including Appendix I, referred to throughout this Chapter as the “Building Code,” is
hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such
code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and
shall be the building code of the City. However, in accordance with California Government
Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with
California Health and Safety Code Section 17958.7, express findings that modifications to the
Building Code are reasonably necessary because of local climatic, geological or topographical
conditions are either already on file with the California Building Standards Commission, or will
be filed prior to the effective date of the ordinance codified in this Article.
(b) In accordance with California Government Code Section 50022.6, at least one true copy
of the Building Code has been on file with the City Clerk since fifteen (15) days prior to
enactment of the ordinance codified in this Article. While the ordinance codified in this Article
is in force, a true copy of the Building Code shall be kept for public inspection in the office of
the Building Official. A reasonable supply of the Building Code shall be available in the office
of the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Building Code, as adopted by reference in Section 16-15.010(a).
16-15.020 Enforcement of Title 24 of the California Code of Regulations
Pursuant to the laws of the State of California, Title 24 of the California Code of Regulations,
also known as the California Building Standards Code, applies to all construction in the State of
California and is enforced by the City of Saratoga in accordance with State law. This and other
Articles of Chapter 16 of the Saratoga Code adopt certain provisions of Title 24 by reference and
make revisions to reflect local climatic, geological, or topographical conditions. The provisions
of Title 24 that are not adopted by reference or amended by this Article remain in effect as laws
of the State.
16-15.025 Retention of plans.
(a) Subsection 107.5 of the Building Code is amended to read:
107.5 Retention of plans. One set of reviewed plans and specifications shall be returned to the
applicant and shall be kept on the site of the building or work at all times during which the work
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authorized thereby is in progress. One set of reviewed plans, specifications and computations
shall be retained by the building official as part of his permanent records.
16.15-030 Expiration of permits.
(a) Subsection 105.5 of the Building Code is amended to read:
105.5 Expiration of Permits.
(a) Every permit issued by the building official under the provisions of the Building Code
shall expire by limitation and become null and void if any one of the following occurs:
(1) The building or work authorized by such permit is not commenced within 180
days from the date of such permit; or
(2) The building or work authorized by such permit is suspended or abandoned at any
time after the work is commenced for a period of 180 days; or
(3) The permittee fails or refuses to request an inspection required by Section 110 of
the Building Code within any period of 180 consecutive days after the work authorized by the
permit is commenced. If the building official conducts such inspection within such 180-day
period, but declines to approve such inspection without correction of specified items and
subsequent reinspection, then the building permit shall not expire if such correction is made and
passes re-inspection within 30 days after the end of the 180-day period described in this
subsection.
(b) After such expiration, such work can be recommenced, only upon reinstatement or
issuance of a new permit to do so. The plans and specifications for a reinstated permit or new
permit shall comply with all provisions of the City building code in effect at the time of
reinstatement or issuance of a new permit. A reinstatement or new permit may be issued as
follows:
(1) Reinstatement. Expired Permits may be reinstated as follows. Application for
permit reinstatement within 180 days of expiration, provided no changes have been made or will
be made in the original plans and specifications for such work; and provided further that such
suspension or abandonment under (2) above has not exceeded one year. The fee for issuance of
renewed permit shall be one-half of the full permit fees (based upon the fee schedule adopted by
the City Council as of the time the reinstated permit is issued) if the reinstated permit is applied
for within 180 days after expiration of the prior permit.
(2) New Permit. A new permit may be issued following expiration of a building
permit as follows. Application for a new permit at any time so long as any underlying Design
Review Approval, Use Permit or other required planning approval remains effective. The full
permit fee shall apply to the new permit (based upon the fee schedule adopted by the City
Council as of the time the new permit is issued).
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(c) Notwithstanding the foregoing provisions, upon written request by the applicant showing,
to the satisfaction of the building official, that the prior permit expired as a result of exceptional
circumstances beyond the reasonable control of the applicant, the building official may waive or
reduce the payment of a fee for issuance of the reinstated or the new permit.
(d) The building official may decline to issue more than one reinstatement of a building
permit if in the judgment of the building official the work authorized by the original permit is not
being diligently prosecuted to completion. The building official may also condition any
reinstatement to assure diligent prosecution to completion or to prevent a nuisance. The building
official may approve no more than two reinstatements of a building permit.
(e) The building official may at any time exercise discretion to find that a building, structure
or work for which a building permit has expired qualifies as an unsafe building, structure or
work and proceed to abate any nuisance associated therewith.
(f) Where: (i) a building permit has expired; and (ii) the building, structure, or other work
authorized by such permit has not been completed; and (iii) no reinstated permit has been
obtained within 180 days after expiration, then said building, structure, or work shall be
conclusively presumed to be unsafe, abandoned, a hazard to the public health, safety and welfare,
and a public nuisance.
(g) The building official is authorized to exercise discretion to abate any public nuisance
regarding any unsafe building, structure or work (including but not limited to one resulting under
the preceding paragraph) by repair, rehabilitation, demolition or removal thereof by:
(1) Proceeding under the Building Code for the Abatement of Dangerous Buildings;
or
(2) Proceeding under the following alternative method of enforcement where a
building, structure, or other work authorized by a building permit has not been completed within
36-months of the date of issuance of the original permit: the building official may abate such
public nuisance by ordering and duly enforcing repair, rehabilitation, demolition or removal of
the building, structure, or other work, or construction of a fence or wall around the building,
structure, or work so as to obscure it from view, or construction of other structures or blockades
to prevent access to the building, structure, or other work by animals or humans.
16.15-040. Fees.
(a) Subsection 109.2.1 of the Building Code is amended to read:
109.2.1 Fees. The City of Saratoga may prescribe fees to defray the cost of enforcement
of rules and regulations promulgated by the Department of Housing and Community
Development or set forth in the Building Code. The amount of such fees shall not exceed the
amount reasonably necessary to administer or process permits, certificates, forms or other
documents, or to defray the costs of enforcement and shall be established by resolution of the
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City Council. The payment of any fee shall not exempt any person from compliance with all
other provisions of this code or the technical codes nor from any penalty prescribed by law.
Permit Fees. The amount of the fees to be paid for each permit shall be established by
resolution of the City Council.
Investigation Fees. Whenever any work for which a permit is required by this code has
been commenced without first obtaining said permit, a special investigation shall be made before
a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The investigation fee shall be
established by resolution of the City Council.
Plan Review Fees. When a plan or other data are required to be submitted by Section
106.1 of Appendix Chapter 1, a plan review fee shall be paid at the time of submitting plans and
specifications for review. Said plan review fee shall be established by resolution of the City
Council. Where plans are incomplete or changed so as to require additional plan review, an
additional plan review fee shall be charged as established by resolution of the City Council.
Expiration of Plan Review. Applications for which no permit is issued within 180 days
following the date of application shall expire by limitation, and plans and other data submitted
for review may thereafter be returned to the applicant or destroyed by the building official. The
building official may extend the time for action by the applicant for a period not exceeding 180
days on request by the applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. No application shall be extended more than once. In
order to renew action on an application after expiration, the applicant shall resubmit plans and
pay a new plan review fee.
Additional Fees. The City of Saratoga may prescribe any additional fees reasonably
necessary to cover the cost of administering this Article. Such fees shall be set forth in the City
of Saratoga Master Fee Schedule adopted by the City Council.
16.15-045. Roof coverings.
(a) Section 1505.1.3 of the Building Code is amended to read:
1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure
where more than 10 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure, shall be a fire-retardant roof
covering that is at least Class A.
(b) Section 1505.1.4.1 of the 2010 California Building Code is added to read:
1505.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
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roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A.
16-15.050 Underside of appendages
(a) Section 707A.8.1 of the Building Code is amended to read:
707A.8.1 Underside of appendages. The underside of overhanging appendages shall be
enclosed to grade in accordance with the requirements of this chapter or the underside of the
exposed underfloor shall consist of one of the following:
1. Noncombustible material
2. Ignition-resistant material
3. One layer of 5/8 –inch Type X gyp sum sheathing applied behind an
exterior covering on the underside of the floor projection
4. The exterior portion of a 1-hour fire resistive exterior wall assembly
applied to the underside of the floor including assemblies using the
gypsum panel and sheathing products listed in the Gypsum Association
Fire Resistance Design Manual
5. The underside of a floor assembly that meets the performance criteria in
accordance with the test procedures set forth in SFM Standard 12-7A-3
Exception: Heavy timber structural columns and beams do not require protection.
16-15.055 Accessory Structures
(a) Subsection 710A.3.2 of the Building Code is deleted in its entirety.
(b) Section 710A.8 of the Building Code is amended to read:
710A.4 Requirements. Accessory structures shall be constructed of noncombustible or
ignition-resistant materials.
16-15.060 Earthquake Loads.
(a) Subsection 1613.8 is added to the Building Code to read:
1613.8 ASCE 7, Section 12.8.7. Modify ASCE 7, Section 12.8.7 by amending Equation 12.8-
16 as follows:
dsxx
x
ChV
IP∆=θ (12.8-16)
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16-15.065 Special Inspections
(a) Subsection 1704.4 of the Building Code is amended to read:
1704.4 Concrete Construction. The special inspections and verifications for concrete
construction shall be as required by this section and TABLE 1704.4.
Exceptions: Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the footing is based
on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2
Mpa).
16-15.070 Modifications to ACI 318
(a) Subsection 1908.1.8.1 of the Building Code is amended to read:
1908.1.8 ACI 318, section 22.10 Delete ACI 318, section 22.10, and replace with the following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.
22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member does not exceed
the footing thickness.
Exception: In detached one and two-family dwelling three stories or less in
height, the projection of the footing beyond the face of the supported member is permitted to
exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have
at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and
shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing.
A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of
reinforcement shall be provided at corners and intersections.
Exception: In detached one and two-family dwellings three stores or less in
height and constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area
of less than 0.002 times the gross cross –sectional area of the footing.
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Article 16-17 EXCAVATION AND GRADING
16-17.010 Purpose.
(a) The purpose of this Article is to safeguard life, limb, property and the public welfare by
regulating grading on private property. This Article establishes amendments to the Building
Code for the excavation and grading. In the event an amendment to the Building Code results in
differences between these building standards and the Building Code, the text of these building
standards shall govern. In accordance with California Health and Safety Code Section 17958.7,
express findings that modifications to the Building Code are reasonably necessary because of
local climatic, geological or topographical conditions are either already on file with the
California Building Standards Commission, or will be filed prior to the effective date of the
ordinance codified in this Article.
16-17.020 Scope.
(a) This Article sets forth rules and regulations to control excavation, grading and earthwork
construction, including fills and embankments; establishes the administrative procedure for
issuance of permits; and provides for approval of plans and inspection of grading construction.
1. Testing.
a. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate Mixtures
b. ASTM D 1556, In Place Density of Soils by Sand-Cone Method
c. D 2167, In Place Density of Soils by the Rubber-Balloon Method
d. ASTM D 2937, In Place of Density of Soils by the Drive-Cylinder Method
e. ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear
Methods
16-17.030 Permits Required
(a) Permits Required. Except as specified in part (b), no person shall do any grading without
first having obtained a grading permit from the building official.
(b) Exempted Work. A grading permit is not required for the following:
1. When approved by the building official, grading in an isolated, self-contained area if there is
no danger to private or public property.
2. An excavation below finished grade for basements and footings of a building, retaining wall or
other structure authorized by a valid building permit. This shall not exempt any fill made with
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the material from such excavation or exempt any excavation having an unsupported height
greater than 5 feet (1524 mm) after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or
clay where established and provided for by law, provided such operations do not affect the lateral
support or increase the stresses in or pressure upon any adjacent or contiguous property.
7. Exploratory excavations under the direction of soil engineers or engineering geologists.
8. An excavation that (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope
greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1½ units horizontal
(66.7% slope).
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than
1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not
intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and
does not obstruct a drainage course.
(c) Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction.
16-17.040 Hazards
(a) Whenever the building official determines that any existing excavation or embankment or
fill on private property has become a hazard to life and limb, or endangers property, or adversely
affects the safety, use or stability of a public way or drainage channel, the owner of the property
upon which the excavation or fill is located, or other person or agent in control of said property,
upon receipt of notice in writing from the building official, shall within the period specified
therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in
conformance with the requirements of this code.
16-17.050 Definitions
(a) For the purposes of this Article, the definitions listed hereunder shall be construed as
specified in this section.
“Approval” shall mean that the proposed work or completed work conforms to this chapter in the
opinion of the building official.
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“As-Graded” is the extent of surface conditions on completion of grading.
“Bedrock” is in-place solid rock.
“Bench” is the relatively level step excavated into earth material on which fill is to be placed.
“Borrow” is earth material acquired from an off-site location for use in grading on a site.
“Civil Engineer” is a professional engineer registered in the state to practice in the field of civil
works.
“Civil Engineering” is the application of the knowledge of the forces of nature, principles of
mechanics and the properties of materials to the evaluation, design and construction of civil
works.
“Compaction” is the densification of fill by mechanical means.
“Earth Material” is any rock, natural soil or fill or any combination thereof.
“Engineering Geologist” is a geologist experienced and knowledgeable in engineering geology.
“Engineering Geology” is the application of geological knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the design of civil
works.
“Erosion” is the wearing away of the ground surfaced as a result of the movement of wind, water
or ice.
“Excavation” is the mechanical removal of earth material.
“Fill” is a deposit of earth material placed by artificial means.
“Geotechnical Engineer.” See “soils engineer.”
“Grade” is the vertical location of ground surface.
“Existing Grade” is the grade prior to grading.
“Finish Grade” is the final grade of the site that conforms to the approved plan.
“Rough Grade” is the stage at which the grade approximately conforms to the approved plans.
“Grading” is any excavating or filling or combination thereof.
“Key” is a designed compacted fill placed in a trench excavated in earth material beneath the toe
of a proposed fill slope.
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“Professional Excavation” is the inspection required by this code to be performed by the civil
engineer, soils engineer or engineering geologist. Such inspections include that performed by
persons supervised by such engineers or geologists and shall be sufficient to form an opinion
relating to the conduct of the work.
“Site” is any lot or parcel of land or contiguous combination thereof, under the same ownership,
where grading is performed or permitted.
“Slope” is an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
“Soil” is naturally occurring superficial deposits overlying bedrock.
“Soils Engineer (Geotechnical Engineer)” is an engineer experienced and knowledgeable in the
practice of soils engineering (geotechnical) engineering.
“Terrace” is a relatively level step constructed in the face of a graded slope surface for drainage
and maintenance purposes.
16-17.060 Grading Permit Requirements
(a) Permits Required. Except as exempted in Section 16-17.040 of this code, no person shall
do any grading without first obtaining a grading permit from the building official. A separate
permit shall be obtained for each site, and may cover both excavations and fills.
1. Notwithstanding any provision of the Building Code to the contrary, a grading
permit shall be required for any increase or decrease in the elevation of any portion of a lot by
more than one foot, except for changes in elevation for the construction or installation of any
building foundation, basement, pool or other structure for which a building permit has been
issued by the City and the excavated material is removed from the site.
(b) Application. The provisions of Section 105.3 of the 2010 California Building Code are
applicable to grading. Additionally, the application shall state the estimated quantities of work
involved.
(c) Grading Designation. All grading in excess of 1,000 cubic yards shall be performed in
accordance with the approved grading plan prepared by a civil engineer, and shall be designated
as “engineered grading.” Grading involving less than 1,000 cubic yards shall be designated as
“regular grading” unless the permittee, with the approval of the building official, chooses to have
the grading performed as “engineered grading.”
(d) Engineered Grading Requirements. Application for a grading permit shall be
accompanied by two sets of plans and specifications, and supporting data consisting of a soils
engineering report and engineering geology report. The plans and specifications shall be
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prepared and signed by an individual licensed by the state to prepare such plans or specifications
when required by the building official.
1. Specifications shall contain information covering construction and material
requirements.
2. Plans shall be drawn to scale upon substantial paper or cloth and shall be of
sufficient clarity to indicate the nature and extent of the work proposed and show in detail that
they will conform to the provisions of this code and all relevant laws, ordinances, rules and
regulations. The first sheet of each set of plans shall give location of the work, the name and
address of the owner, and the person by whom they were prepared.
3. The plans shall include the following information:
a. General vicinity of the proposed site.
b. Property limits and accurate contours of existing ground and details of
terrain and area drainage.
c. Limiting dimensions, elevations or finish contours to be achieved by the
grading, and proposed drainage channels and related construction.
d. Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams or other protective devices to be constructed with, or as a part of, the
proposed work, together with a map showing the drainage area and estimated runoff of
the area served by any drains.
e. Location of any buildings or structures on the property where the work is
to be performed and the location of any buildings or structures on land of adjacent
owners that are within 15 feet (4572 mm) of the property or that may be affected by the
proposed grading operations.
f. Recommendations included in the soils engineering report and the
engineering geology report shall be incorporated in the grading plans or specifications.
When approved by the building official, specific recommendations contained in the soils
engineering report and the engineering geology report, which are applicable to grading,
may be included by reference.
g. The dates of the soils engineering and engineering geology reports
together with the names, addresses and phone numbers of the firms or individuals who
prepared the reports.
h. Location of any buildings or structures and trees over twelve inches in
diameter, as measured twenty-four inches from natural grade, on the property where the
work is to be performed and the location of any building or structures on lands of
adjacent owners which are within the minimum setback of the adjacent property, as
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specified in the City's zoning regulations, or which may be affected by the proposed
grading operations. Specifications shall contain information covering construction and
material requirements.
i. Estimate of the quantity of excavation or fill involved and estimated
commencement and completion dates.
j. Indication of the area of vegetation to be removed.
(e) Soils Engineering Report. The soils engineering report required by part (d) shall include
data regarding the nature, distribution and strength of existing soils, conclusions and
recommendations for grading procedures and design criteria for corrective measures, including
buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be
developed by the proposed grading as affected by soils engineering factors, including the
stability of slopes.
(f) Engineering Geology Report. The engineering geology report required by part (d) shall
include an adequate description of the geology of the site, conclusions and recommendations
regarding the effect of geological conditions on the proposed development, and opinion on the
adequacy for the intended use of sites to be developed by the proposed grading, as affected by
geological factors.
(g) Liquefaction Study. The building official may require a geotechnical investigation in
accordance with Section 1803.2 when, during the course of an investigation, all of the following
conditions are discovered, the report shall address the potential for liquefaction:
1. Shallow ground water, 50 feet (15 240 mm) or less.
2. Unconsolidated sandy alluvium.
3. Seismic Design Categories E and F.
(h) Regular Grading Requirements. Each application for a grading permit shall be
accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The
plans shall give the location of the work, the name of the owner and the name of the person who
prepared the plan. The plan shall include the following information:
1. General vicinity of the proposed site.
2. Limiting dimensions and depth of cut and fill.
3. Location of any buildings or structures where work is to be performed, and the
location of any buildings or structures within 15 feet (4572 mm) of the proposed grading.
(i) Issuance. The provisions of Section 105.3 of the 2010 California Building Code are
applicable to grading permits. The building official may require that grading operations and
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project designs be modified if delays occur which incur weather-generated problems not
considered at the time the permit was issued.
The building official may require professional inspection and testing by the soils engineer.
When the building official has cause to believe that geological factors may be involved, the
grading will be required to conform to the engineered grading.
16-17.070 Grading Fees
(a) General. Fees shall be assessed in accordance with the provisions of this section or shall
be as set forth in the fee schedule adopted by the jurisdiction.
(b) Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the
total combined volume of the excavation and fill, whichever is greater. Before accepting a set of
plans and specifications for checking, the building official shall collect a plan checking fee in an
amount as established from time to time by resolution of the City Council. Separate permits and
fees shall apply to retaining walls or major drainage structures, as indicated elsewhere in this
Code. There shall be no separate charge for standard terrace drains and similar facilities. The
plan checking fee for a grading permit authorizing additional work to that under a valid permit
shall be the difference between the fee paid for the original permit and the fee shown for the
entire project.
(c) Grading Permit Fees. A fee for each grading permit shall be paid to the building official,
in such amount as established from time to time by resolution of the City Council. The fee for a
grading permit authorizing additional work to that under a valid permit shall be the difference
between the fee paid for the original permit and the fee shown for the entire project.
(d) Special Fees. The building official may engage the services of geologists, engineering
geologists, soils engineers, foresters, and landscape architects as he determines to be necessary to
review grading plans and activities. The cost of such services shall be charged to and paid by the
applicant.
16-17.080 Bonds
(a) Grading Bonds. Every permittee shall be required to post a cash or surety bond with the
City in an amount sufficient to cover the cost of the grading project, including corrective work
necessary to eliminate any hazardous conditions, to ensure that the work will be completed
strictly in accord with the approved plans and specifications. Each bond shall ensure that the
permittee shall comply with all the provisions of this Code and all other applicable laws and
ordinances, that he will comply with all the terms and conditions of the permit to the satisfaction
of the building official and that he will complete the work within the time limits as specified in
the permit. In the event of any failure to complete the work or failure to comply with all the
conditions and terms of the permit, the building official may order the work required by the
permit to be completed to his satisfaction, and the surety shall continue to be firmly bound under
a continuing obligation for the payment of all necessary costs and expenses that may be incurred
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or expended by the City in causing all such work to be done, including engineering fees and
attorney's fees.
16-17.090 Cuts
(a) General. Unless otherwise recommended in the approved soils engineering or
engineering geology report, cuts shall conform to the provisions of this section.
(b) In the absence of an approved soils engineering report, these provisions may be waived
for minor cuts not intended to support structures.
(c) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and
shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permitee
furnishes a soils engineering or an engineering geology report, or both, stating that the site has
been investigated and giving an opinion that a cut at a steeper slope will be stable and not create
a hazard to public or private property.
16-17.100 Fills
(a) General. Unless otherwise recommended in the approved soils engineering report, fills
shall conform to the provisions of this section.
(b) In the absence of an approved soils engineering report, these provisions may be waived
for minor fills not intended to support structures.
(c) Preparation of Ground. Fills slopes shall not be constructed on natural slopes steeper than
1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive
fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying
to provide a bond with the new fill and where slopes are steeper than 1 unit vertical in 5 units
horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound
bedrock or other competent material as determined by the soils engineer. The bench under the
toe of a fill on a slope steeper than 1 unit vertical in 5 units horizontal (20% slope) shall be at
least 10 feet (2048 mm) wide. The area beyond the toe of the fill shall be sloped for sheet
overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench
under the toe of the fill shall be at least 10 feet (3048 mm) wide but the cut shall be made before
placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable
foundation for fill.
(d) Fill Material. Detrimental amounts of organic material shall not be permitted in fills.
Except as permitted by the building official, no rock or similar irreducible material with a
maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills.
Exception: The building official may permit placement of larger rock when the soils
engineer properly devises a method of placement, and continuously inspects its
placement and approves the fill suitability. The following conditions shall also apply:
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1. Prior to issuance of the grading permit, potential rock disposal area shall be
delineated on the grading plan.
2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10
feet (3048 mm) or more below grade, measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.
(e) Compaction. All fills shall be compacted to a minimum of 90 percent maximum density.
(f) Slope. The slope of fill surfaces shall be no steeper than is safe for intended use. Fill
slopes shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope).
16-17.110 Setbacks
(a) General. Cut and fill slopes shall be set back from site boundaries in accordance with
this section. Setback dimensions shall be horizontal distances measured perpendicular to the site
boundary. Setback dimensions shall be as shown in Figure A-33-1.
(b) Top of Cut Slope. The top of cut slopes shall not be made nearer to the site boundary line
than one fifth of the vertical height of cut with a minimum of 2 feet (610 mm) and a maximum of
10 feet (3048 mm). The setback may need to be increased for any required interceptor drains.
(c) Toe Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line
than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20
feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off-
site property is developed, special precautions shall be incorporated in the work as the building
official deems necessary to protect the adjoining property from damage as a result of such
grading. These precautions may include but are not limited to:
1. Additional setbacks
2. Provisions for retaining or slough walls.
3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.
4. Provisions for the control of surface waters.
(d) Modification of Slope Location. The building official may approve alternate setbacks.
The building official may require an investigation and recommendation by a qualified engineer
or engineering geologist to demonstrate that the intent of this section has been satisfied.
16-17.120 Drainage and Terracing
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(a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and
terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 units
vertical in 3 units horizontal (33.3% slope).
(b) Terrace. Terraces of at least 6 feet (1829 mm) in width shall be established at not more
than 30-foot (9114 mm) vertical intervals on all cut or fill slopes to control surface drainage and
debris except that where only one terrace is required, it shall be at midheight. For cut or fill
slopes greater than 60 feet (18 288 mm) and up to 120 feet (36 576 mm) in vertical height, one
terrace at approximately midheight shall be 12 feet (3658 mm) in width. Terrace widths and
spacing for cut and fills lopes greater than 120 feet (36 576 mm) in height shall be designed by
the civil engineer and approved by the building official. Suitable access shall be provided to
permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved
with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equal
paving. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a
minimum paved width of 5 feet (1524 mm).
A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500
square feet (1254.2 m2) (projected) without discharging into a down drain.
(c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as
necessary for stability.
(d) Disposal. All drainage facilities shall be designed to carry waters to the nearest
practicable drainage way approved by the building official or other appropriate jurisdiction as a
safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented
by installation of nonerosive downdrains or other devices.
Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities,
unless waived by the building official.
Exception: The gradient from the building pad may be 1 percent if all of the following
conditions exist throughout the permit area:
1. No proposed fills are greater than 10 feet (3048 mm) in maximum depth.
2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet
(3048 mm).
3. No existing slope faces steeper than 1 unit vertical in 10 units horizontal (10% slope)
have a vertical height in excess of 10 feet (3048 mm).
(e) Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut
slopes where the tributary drainage area above slopes toward the cut and has a drainage path
greater than 40 feet (12 192 mm) measured horizontally. Interceptor drains shall be paved with a
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minimum of 3 inches (76 mm) of concrete or gunite and reinforced. They shall have a minimum
depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured
horizontally across the drain. The slope of the drain shall be approved by the building official.
(f) Each lot and building site shall be graded to drain all storm and other surface waters to
the nearest storm drain or other drainage outlet approved by the building official. All runoff from
roofs, decking, paving and other surface water collectors, whether natural or artificial, may be
required by the building official to be centrally collected and drained through enclosed pipe or
other conduit to onsite or off-site drainage outlets or storm drains. Disposition of on-site storm
water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution
Prevention Program (NPDES) as defined in Article 15-06 of the Zoning Code.
(g) The plans and specifications required by Article 16-17.070(d) of the Building Code shall
include a drainage plan depicting thereon both existing and proposed grades, and all proposed
drainage facilities, unless such requirement is waived by the building official. All grading and
drainage facilities shall be completed and installed prior to final inspection, and the building
official may require certification from the owner, the contractor or qualified engineer, that all
finished grades are in compliance with the approved plans. Neither approval of such drainage
plans nor approval of the completed facilities on final inspection shall constitute any
representation as to the adequacy of soil or slope stability, nor adequacy of surface or sub-surface
drainage controls, nor that any soil or water-related damage will occur to the site or to any
adjoining property. Maintenance of all on-site drainage facilities, whether or not ultimately
connected to a public storm drain, shall be the sole responsibility of the property owner and not
the City.
16-17.130 Erosion Control
(a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control
against erosion. All cut and fill surfaces subject to erosion shall be planted with ground cover
which is compatible with the natural ground covers in the City and which will thrive with little
maintenance. Earth slopes shall be contour graded to encourage landscaping. Cut and fill along
public roads may be required to be landscaped to blend into the natural surroundings. Plants used
shall be at heights which will not obstruct vehicular sight distances on city streets, as determined
by the building official. All plant materials shall be satisfactory to the building official. The
protection of the slopes shall be installed as soon as practicable and prior to calling for final
grading approval. When cut slopes are determined by the building official not to be subject to
erosion due to the erosion resistant character of the materials, planting precautions may be
omitted.
(b) Other Devices. Where necessary, check dams, cribbing, riprap or other methods shall be
employed to control erosion and provide safety.
16-17.140 Grading Inspection
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(a) General. Grading operations for which a permit is required shall be subject to inspection
by the building official. Professional inspection of grading operations shall be provided by the
civil engineer, soils engineer and the engineering geologist retained to provide such services in
accordance with Section 16-17.150(e) for engineered grading and as required by the building
official for regular grading.
(b) Civil Engineer. The civil engineer shall provide professional inspection within such
engineers area of technical specialty, which shall consist of observation and review as to the
establishment of line, grade and surface drainage of the development area. If revised plans are
required during the course of the work they shall be prepared by the civil engineer.
(c) Soils Engineer. The soils engineer shall provide professional inspection within such
engineer’s are of technical specialty, which shall include observation during grading and testing
for required compaction. The soils engineer shall provide sufficient observation during the
preparation of the natural ground and placement and compaction of the fill to verify that such
work is being performed in accordance with the conditions of the approved plan and appropriate
requirements of this chapter. Revised recommendations relating to conditions differing from the
approved soils engineering and engineering geology reports shall be submitted to the permittee,
the building official and civil engineer.
(d) Engineering Geologist. The engineering geologist shall provide professional inspection
within such engineer’s area of technical specialty, which shall include professional inspection of
the bedrock excavation to determine if conditions encountered are in conformance with the
approved report. Revised recommendations relating to conditions differing from the approved
engineering geology report shall be submitted to the soils engineer.
(e) Permittee. The permittee shall be responsible for the work to be performed in accordance
with the approved plans and specifications and in conformance with the provisions of this code,
and the permittee shall engage consultants, if required, to provide professional inspections on a
timely basis. The permitee shall act as a coordinator between the consultants, the contractor and
the building official. In the event of changed conditions, the permittee shall be responsible for
informing the building official of such change and shall provide revised plans for approval.
(f) Building Official. The building official shall inspect the project at the various stages of
work requiring approval to determine that adequate control is being exercised by the professional
consultants.
(g) Notification of Noncompliance. If, in the course of fulfilling their respective duties under
this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work
is not being done in conformance with this chapter or the approved grading plans, the
discrepancies shall be reported immediately in writing to the permittee and the building official.
(h) Transfer of Responsibility. If the civil engineer, the soils engineer or the engineering
geologist of record is changes during grading, the work shall be stopped until the replacement
has agreed in writing to accept their responsibility within the area of technical competence for
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approval upon completion of the work. It shall be the duty of the permittee to notify the building
official in writing of such change prior to the recommencement of such grading.
16-17.150 Completion of Work
(a) Final Reports. Upon completion of the rough grading work and at the final completion of
the work, the following reports and drawings and supplements thereto are required for
engineered grading or when professional inspection is performed for regular grading, as
applicable.
1. An as-built grading plan prepared by the civil engineer retained to provide such
services in accordance with Section 16-17.150(e) showing original ground surface elevations, as-
graded ground surface elevations, lot drainage patterns, and the locations and elevations of
surface drainage facilities and of the outlets of subsurface drains. As-constructed locations,
elevations and details of subsurface drains shall be shown as reported by the soils engineer.
Civil engineers shall state that to the best of their knowledge the work within their area of
responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the soils engineer retained to provide such services in
accordance with Section 16-17.150(c), including locations and elevations of field density tests,
summaries of field and laboratory tests, other substantiating data, and comments on any changes
made during grading and their effect on the recommendations made in the approved soils
engineering investigation report. Soils engineers shall submit a statement that, to the best of
their knowledge, the work within there are of responsibility is in accordance with the approved
soils engineering report and applicable provisions of this chapter.
3. A report prepared by the engineering geologist retained to provide such services
in accordance with Section 16-17.150(e), including a final description of the geology of the site
and any new information disclosed during the grading and the effect of same on
recommendations incorporated the approved grading plan. Engineering geologist shall submit a
statement that, to the best of their knowledge, the work within there area of responsibility is in
accordance with the approved engineering geologist report and applicable provisions of this
chapter.
4. The grading contractor shall submit in a form prescribed by the building official a
statement of conformance to said as-built plan and the specifications.
(b) Notification of Completion. The permittee shall notify the building official when the
grading operation is ready for final inspection. Final approval shall not be given until all work,
including installation of all drainage facilities and their protective devices, and all erosion-
control measures have been completed in accordance with the final approved grading plan, and
the required reports have been submitted.
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16-17.160 Driveways.
Unless otherwise recommended in the approved soil engineering or geology report, driveways
shall conform to the provisions of this Section.
(a) Gradient. Maximum driveway gradient shall not exceed eighteen percent for more than
fifty feet.
(b) Construction standards:
1. Driveways to structures with less than a thirty-five foot setback have no
conditions placed on their construction.
2. Driveways to structures with more than a thirty-five foot setback shall comply
with the following conditions:
a. The driveway must be at least fourteen feet wide with a one foot shoulder
on each side.
b. The driveway must have a minimum curve radius of forty-two feet.
c. If the finished surface slope is twelve and one-half percent or less, the
driveway must have at least a six inch aggregate base and a double-coat oil and screening
surface.
d. If the finished surface slope is twelve and one-half to fifteen percent slope,
the driveway must have at least a six inch aggregate base and a two inch asphalt concrete
surface.
e. If the finished surface slope is fifteen to eighteen percent, the driveway
must have at least a six inch aggregate base and four inch rough-surface concrete surface.
f. A turnaround at the end of a driveway must have at least a thirty-two foot
radius or an equivalent approved by the fire department.
g. The driveway must have a centerline perpendicular to the street right-of-
way at the point of their intersection or present a minimum forty-two foot effective inside
radius to vehicles departing or entering the public street from both sides.
3. All bridges and driveway structures shall be designed to sustain a minimum of
thirty-five thousand pounds dynamic loading.
16-17.170 Stockpiling.
(a) If the grading consists only of the depositing and storing of fill material on a site, the
building official may issue a temporary grading permit, to be designated a stockpiling permit,
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permitting the stockpiling of such fill materials without complete compaction, for a limited
period of time. The building official shall determine the location, amount and length of time
stockpiled material may remain on a site.
(b) The building official shall require a cash bond from the applicant, as a condition
precedent to the issuance of a stockpiling permit, guaranteeing the removal or the ultimate proper
compaction of the fill material. No plan checking fee shall be required for a stockpiling permit,
except at such time as, at the expiration of such stockpiling, the permittee submits plans to obtain
a grading permit to complete the installation and compaction of such fill material.
16-17.180 General Provisions.
(a) Restricted hours. Unless specifically exempted, grading will be restricted to the hours
between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency
which imperils the public safety. The building official may grant an exemption upon his
determination of an emergency.
(b) Dust and dirt control. Graded surfaces shall be wetted or suitably contained to prevent
public nuisance from dust or spillage on City streets or adjacent properties. Equipment, materials
and roadways on the site shall be used in a manner or treated to prevent excessive dust
conditions.
(c) Effect of prior site development plan approval. Where a site development plan has
already been approved by the advisory agency under Section 14-25.100 of the Subdivision
Ordinance, and such site development plan has been made a part of the improvement plans, the
improvement agreements and the bonding requirements of the Subdivision Ordinance, and final
map has been approved and recorded, the requirements of this Code relating to plans and
specifications, geologic engineering reports, soil engineering reports and bonds shall be deemed
to have been complied with as to any excavation or grading work done in accord with such
previously approved site development plan. In the event of any change in the site development
plan as to any lot, site or parcel from the approved site development plan, the provisions of this
Code shall thereafter be applicable, and a separate grading plan, grading permit, permit fee and
bond shall be required therefore.
(d) Special precautions. If the building official determines by inspection that the nature of the
formation is such that further work as authorized by the existing permit is likely to endanger any
property or public way, the building official may, as a condition of work, require reasonable
safety precautions to avoid the likelihood of danger. Such measures as flatter exposed slopes,
additional drainage facilities, berm, terracing, compaction, cribbing or installation of plant
materials for erosion control may be required. If storm damage is anticipated, work may be
stopped until temporary planting, structures or other temporary measures have been taken to
control erosion and protect adjoining property.
(e) Damaging graded lands. No person shall directly or indirectly damage or destroy any
ground cover, planting, berm, drainage terraces, ditches, swales, riprap or other drainage
structures and erosion controls which are planted or constructed pursuant to this Code, or in
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accord with any of the regulations or requirements of the building official or the Planning
Commission, or pursuant to any site development plan filed in accord with the Subdivision
Ordinance of the City.
(f) Compliance with other ordinances. The building official shall not issue a grading permit
for any grading at a building lot or site unless all proposed uses shown on the grading plans for
the lot or site will comply with all applicable provisions of both the Zoning Ordinance and
Subdivision Ordinance of the City, and with all other provisions of this Code, or unless such
grading and the proposed uses are consistent with the General Plan. Any grading permit issued in
violation of this Section shall be void and of no force and effect.
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16-18.010 Adoption of 2010 California Residential Building Code.
Article 16-18 RESIDENTIAL BUILDING CODE
(a) The 2010 California Residential Building Code (California Building Standards
Commission as published by the International Code Council), referred to throughout this Chapter
as the “Residential Building Code,” is hereby referred to and, except as to additions, deletions
and amendments hereinafter noted, such code is hereby adopted and made a part hereof, the
same as if fully set forth in this Article, and shall be the Residential Building Code of the City.
However, in accordance with California Government Code Section 50222.4, no penalty clauses
are adopted by reference. In accordance with California Health and Safety Code Section
17958.7, express findings that modifications to the California Building Standards Code are
reasonably necessary because of local climatic, geological or topographical conditions are either
already on file with the California Building Standards Commission, or will be filed prior to the
effective date of the ordinance codified in this Article.
(b) In accordance with California Government Code Section 50022.6, at least one true copy
of the Residential Building Code has been on file with the City Clerk since fifteen (15) days
prior to enactment of the ordinance codified in this Article. While the ordinance codified in this
Article is in force, a true copy of the Residential Building Code shall be kept for public
inspection in the office of the Residential Building Official. A reasonable supply of the
Residential Building Code shall be available in the office of the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Residential Building Code, as adopted by reference in Section 16-45.010(a).
16-18.020 Enforcement of Title 24 of the California Code of Regulations
(a) Title 24 of the California Code of Regulations, also known as the California Building
Standards Code, is in effect in the City of Saratoga as amended by this Article. The provisions
of Title 24 that are not adopted by reference or amended by this Article are enforced by the City
of Saratoga as laws of the State.
16-18.025 Automatic Sprinklers.
(a) Section R313.1 is amended to read:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler
system shall be installed in all new townhouses and in existing townhouses when additions are
made that increase the building area to more than 3,600 square feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
(b) Section R313.2 is amended to read:
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R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic
residential fire sprinkler system shall be installed in one- and two-family dwellings as follows:
1. In all new one- and two-family dwellings and in existing one- and two-family dwellings
when additions are made that increase the building area to more than 3,600 square feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
2. In all new basements and in existing basements that are expanded.
Exception: Existing basements that are expanded by not more than 50%.
16-18.030 Material and Construction Methods for Exterior Wildfire Exposure.
(a) Section R327.7.9 is amended as follows: Delete “When required by the enforcing
agency”
(b) Section R327.10.3.2 is deleted in its entirety.
(c) Section R327.10.4 is amended as follows: Delete “When required by the enforcing
agency”
16-18.035 Seismic Reinforcing.
(a) Section R403.1.3 is amended to read:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1
and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two
continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall
be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a
concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than
4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom
of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem
wall.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported
on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more
than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the
bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
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Exception: In detached one- and two-family dwellings which are three stories or less in
height and constructed with stud bearing walls, isolated plain concrete footings supporting
columns or pedestals are permitted.
16-18.040 Limits on methods GB and PCP.
(a) Subsection R602.10.2.1.1 is added to read:
R602.10.2.1.1 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and
D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is
permitted to be installed when required by this Section to be placed on the opposite side of the
studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1,
and D2, the use of Method PCP is limited to one-story single family dwellings and accessory
structures.
16-18.045 Roof Classification.
(a) Section R902.1.4.1 is added to read:
R902.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A.
(b) Section R902.1.3 is amended to read:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure
where more than 10 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure, shall be a fire-retardant roof
covering that is at least Class A.
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Article 16-20 FIRE CODE
16-20.010 - Adoption of the California Fire Code and International Fire Code.
(a) The 2010 California Fire Code and the 2009 International Fire Code, including Appendix
Chapters B, C and J are referred to and, except as to additions, deletions and amendments
hereinafter noted, are adopted and made a part hereof, the same as if fully set forth in this
Article. The California Fire Code and the International Fire Code as adopted herein are
hereinafter referred to collectively as the "Fire Code." However, in accordance with California
Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance
with California Health and Safety Code Section 17958.7, express findings that modifications to
the Fire Code are reasonably necessary because of local climatic, geological or topographical
conditions are either already on file with the California Building Standards Commission, or will
be filed prior to the effective date of the ordinance codified in this Article.
(b) In accordance with California Government Code Section 50022.6, at least one true copy
of the Fire Code has been on file with the City Clerk since fifteen days prior to enactment of the
ordinance codified in this Article. While the ordinance codified in this Article is in force, a true
copy of the Fire Code shall be kept for public inspection in the office of the City Building
Official and the Chief. A reasonable supply of the Fire Code shall be available in the office of
the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Building Code, as adopted by reference in Section 16-15.010(a).
16-20.015 Enforcement of Title 24 of the California Code of Regulations
(a) Title 24 of the California Code of Regulations, also known as the California Building
Standards Code, is in effect in the City of Saratoga as amended by this Article. The provisions
of Title 24 that are not adopted by reference or amended by this Article are enforced by the City
of Saratoga as laws of the State.
16-20.020 Fire Department and Chief.
(a) Fire protection is provided in the City of Saratoga by the Santa Clara County Fire
Department and the Saratoga Fire District. As used in the Fire Code, "Fire Department" refers to
the Fire Department that provides fire protection to the relevant location, and "Chief" or "Fire
Code Official" refers to the Chief of that Fire Department.
16-20.025 Amendments to Chapter 34 of the Fire Code; Class I and Class II liquids.
Flammable and Combustible Liquids.
(a) Establishment of limits of districts in which storage of flammable or combustible liquids
in outside aboveground tanks is prohibited.
The limits referred to in Section 3404.2.9.6.1 of said Fire Code, in which the storage of
flammable or combustible liquids in aboveground tanks is prohibited, are established as all
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locations within the City of Saratoga that are residential or congested commercial areas as
determined by the Fire Code Official.
(b) Establishment of limits of districts in which storage of flammable or combustible liquids
in aboveground tanks is prohibited.
The limits referred to in Section 3406.2.4.4 of said Fire Code, in which the storage of flammable
or combustible liquids in aboveground tanks is prohibited, are established as all locations of the
City of Saratoga that are residential or other locations as determined by the Fire Code Official.
16-20.030 - Amendments to Chapter 38 of the Fire Code; Liquefied Petroleum Gases.
(a) Establishment of limits in which storage of liquefied petroleum gases is prohibited.
The limits referred to in Section 3804.2 of said Fire Code, in which storage of liquefied
petroleum gas (LPG) is restricted, are established as all locations within the City of Saratoga that
are residential or congested commercial areas.
Exceptions: LPG may be used for industrial operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking
uses may be permitted if stored and handled in accordance with this Code. Facilities in
commercial areas for refueling portable or mobile LPG containers may be approved by the Fire
Code Official on a case by case basis.
16-20.040 - Amendments to Chapter 35 of the Fire Code; Cryogenic Fluids.
(a) Establishment of limits of districts in which the storage of stationary tanks of flammable
cryogenic fluids are to be prohibited.
The limits referred to in Section 3506.2 of said Fire Code, in which the storage of flammable
cryogenic fluids in stationary containers is prohibited, are established as all locations of the City
of Saratoga which are residential and congested commercial areas as determined by the Fire
Code Official.
16-20.050 - Amendments to Chapter 1, Division II of the Fire Code; Administration.
(a) Section 105.1.4 is added to read:
105.1.4 Construction permit fees. Construction permit fees and plan review fees for fire
hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the Santa
Clara County Fire Department in accordance with the following table based on valuation. The
valuation shall be limited to the value of the system for which the permit is being issued. Plan
review fees are 65% of the Permit Fee amount. For the purposes of determining the total fee
amount for each permit, the plan review fee shall be added to the Permit Fee.
Total Valuations Permit Fee
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$1.00 TO $500.00 $23.50
$501.00 TO
$2,000.00
$23.50 for the first $500.00 plus $3.05
for each additional $100.00, or fraction
thereof, to and including $2,000.00
$2,001.00 TO
$25,000.00
$69.25 for the first $2,000.00 plus
$14.00 for each additional $1,000.00, or
fraction thereof, to and including
$25,000.00
$25,001.00 TO
$50,000.00
$391.25 for the first $25,000.00 plus
$10.01 for each additional $1,000.00, or
fraction thereof, to and including
$50,000.00
$50,001.00 TO
$100,000.00
$643.75 for the first $50,000.00 plus
$7.00 for each additional $1,000.00, or
fraction thereof, to and including
$100,000.00
$100,001.00 TO
$500,000.00
$993.75 for the first $100,000.00 plus
$5.60 for each additional $1,000.00, or
fraction thereof, to and including
$500,000.00
$500,001.00 TO
$1,000,000.00
$3,233.75 for the first $500,000.00 plus
$4.75 for each additional $1,000.00, or
fraction thereof, to and including
$1,000,000.00
$1,000,001.00 AND
UP
$5,608.75 for the first $1,000,000.00
plus $3.15 for each additional
$1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above,
are to be paid at $30.00 for each occurrence at the discretion of
the fire code official.
(b) Section 105.1.5 is added to read:
105.1.5 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County
Fire Department as follows:
Facility Type Permit Fee
1. Institutional
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A. Over 50 persons $100.00 – Annually
B. More than 6 persons $75.00 – Annually
2. Day Care Facilities
More than 6 clients $35.00 – Annually
3. Places of Assembly
A. 50-300 persons $50.00 – Annually
B. Over 300 persons $85.00 – Annually
4. Temporary Membrane
Structures, Tents and
Canopies (Only those
requiring permits in
accordance with Section
105.6.43).
$85.00 – Each occurrence
(c) Section 105.6.8 is amended to read:
105.6.8 Compressed Gases. An operational permit is required for the storage, use or handling
at normal temperature and pressure (NPT) of compressed gases in excess of the amounts listed in
Table 105.6.8, to install any piped distribution system for compressed gases, or to install a non-
flammable medical gas manifold system. A permit is required to install, repair, abandon,
remove, place temporarily out of service, close or substantially modify a compressed gas system.
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the
vehicle.
2. Routine maintenance.
3. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement of work.
4. Inert and simple asphyxiants at or below the amounts listed in Table 105-A.
The permit applicant shall apply for approval to close storage, use or handling facilities at least
30 days prior to the termination of the storage, use or handling of compressed or liquefied gases.
Such application shall include any change or alteration of the facility closure plan. This 30-day
period may be waived by the chief if there are special circumstances requiring such waiver.
(d) Section 105.6.10 is amended to read:
105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on site,
use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10 or to
install a cryogenic vessel or piping system for the storage or distribution of cryogens.
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Exception: Permits are not required for vehicles equipped for and using cryogenic fluids
as a fuel for propelling the vehicle or for refrigerating the lading.
(e) Section 105.6.48 is added to read:
105.6.48 Day Care Facility. An operational permit is required to operate a business as a day
care facility for more than 6 people.
(f) Section 105.6.49 is added to read:
105.6.49 Institutional. A permit is required to operate, maintain, or use any institutional type
occupancy. For the purpose of this Section, an institution shall be, but is not limited to:
hospitals, children’s home, home or institution for insane or mentally retarded persons, home or
institution for the care of aged or senile persons, sanitarium, nursing or convalescent home,
certified family care homes, residential care homes for the elderly, out of home placement
facilities, halfway house, and day care nurseries or similar facility of any capacity.
(g) Section 106.5 is added to read:
106.5 Final Inspection. No final inspection as to all or any portion of a development shall be
deemed completed until the installation of the required fire protection facilities and access ways
have been completed and approved. No final certificate of occupancy may be granted until the
Fire Department issues notice of final clearance of such fire protection facilities and access ways
to the Building Department.
(h) Section 109.3 is amended to read:
109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a misdemeanor,
punishable by a fine of not more than $1,000 dollars or by imprisonment not exceeding 365 days,
or both such fine and imprisonment. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
109.3.1 Abatement of Violation. In addition to the imposition of the penalties herein
described, the fire code official is authorized to institute appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a
structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on
or about any premises.
109.3.2 Abatement of Hazard. (a) The maintenance of real property in violation of this
code, or of any order of the Fire Department pursuant hereto, is declared to be a public nuisance
and is subject to abatement in accordance with Article 3-15 of the Saratoga Municipal Code.
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(b) Notwithstanding paragraph (a) of this Section, if real property is maintained in
violation of this code or any order of the Fire Department pursuant hereto and such violation
constitutes, in the opinion of the Fire Chief, a fire hazard of such a nature that immediate action
is required to protect the public health, safety and welfare, the Fire Department may apply the
emergency nuisance abatement procedure set forth in Article 3-20 of the Saratoga Municipal
Code and take all necessary and immediate steps to abate the hazard without prior notice to the
owner or occupant of the property. In such an event, the Fire Chief shall perform the duties of the
City Manager as described in said Article 3-20.
(c) The cost of any abatement may be collected through the levy of a special
assessment in accordance with the applicable provisions of Article 3-15 or Article 3-20 of the
Saratoga Municipal Code. Such procedure is not intended to be exclusive and the City or the Fire
Department may simultaneously or successively, exercise any other rights and remedies provided
by law.
16-20.060 Amendments to Chapter 3 of the Fire Code: General Precautions against Fire.
(a) The following sections are deleted in their entirety: Section 311.5 Placards; Section
311.5.1 Placard Location; Section 311.5.2 Placard Size And Color; Section 311.5.3 Placard Date;
Section 311.5.4 Placard Symbols; and Section 311.5.5 Informational Use.
(b) Section 316.6 is added to read:
316.6 Roof Guardrails At Interior Courts. Roof openings into interior courts that are bounded
on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not
be less than 42 inches in height above the adjacent roof surface that can be walked on.
Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass
through.
Exception: Where the roof opening is greater than 600 square feet in area.
16-20.070 Amendments to Chapter 4 of the Fire Code: Emergency Planning and
Preparedness.
(a) Section 404.2 is amended to read:
404.2 Where Required. An approved fire safety and evacuation plan shall be prepared and
maintained for the following occupancies and buildings.
1. Group A buildings having an occupant load of 100 or more persons.
2. Group B buildings having an occupant load of 500 or more.
3. Group E: See §3.13 Title 19, CCR for regulations.
4. Group H.
5. Group I. See §3.09 Title 19, CCR for regulations.
6. Group R-1. See §3.09 Title 19, CCR for regulations.
7. Group R-2 college and university buildings.
8. Group R-4.
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9. Group M buildings having an occupant load of 500 or more persons.
10. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area.
11. Underground buildings.
(b) Section 404.3.1 is amended to read:
404.3.1 Fire Evacuation Plans. Fire evacuation plans shall include the following:
1. Emergency egress or escape routes and whether evacuation of the building is to be
complete or, where approved, by selected floors or areas only.
2. Description of what the fire alarm, if required, sounds and looks like (audible and visual
warning devices).
3. Procedures for employees who must remain to operate critical equipment before
evacuating.
4. Procedures for accounting for employees and occupants after evacuation has been
completed.
5. Identification and assignment of personnel responsible for rescue or emergency medical
aid.
6. The preferred and any alternative means of notifying occupants of a fire or emergency.
7. The preferred and any alternative means of reporting fires and other emergencies to the
fire department or designated emergency response organization.
8. Identification and assignment of personnel who can be contacted for further information
or explanation of duties under the plan.
9. A description of the emergency voice/alarm communication system alert tone and
preprogrammed voice messages, where provided.
(c) Table 405.2 is amended to read:
TABLE 405.2
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
GROUP OR
OCCUPANCY FREQUENCY PARTICIPATION
Group A Quarterly Employees
Group B1 Annually Employees
Group E See §3.13 Title 19, CCR
Group I See §3.13 Title 19, CCR
Group R-1 See §3.13 Title 19, CCR
Group R-22 Four annually All occupants
Group R-4 Quarterly on each shift Employeesb
(d) SECTION 408 USE AND OCCUPANCY- RELATED REQUIREMENTS
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(1) The following subsections are deleted in their entirety: Section 408.2.2; Section
408.3; Section 408.3.2; Section 408.3.3; Section 408.3.4; Section 408.5.1; Section 408.5.2;
Section 408.5.3; Section 408.5.4; Section 408.5.5; Section 408.6; Section 408.6.1; Section
408.6.2; Section 408.7; Section 408.7.1; Section 408.7.2; Section 408.7.3; Section 408.7.4;
Section 408.8; Section 408.8.1; Section 408.8.2; and Section 408.8.3.
(2) Section 408.9 is amended to read:
408.9 Group R-2 Occupancies. Group R-2 occupancies shall comply with the requirements of
Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group R-2 college and
university buildings shall comply with the requirements of Sections 408.9.1 through 408.9.6 and
Sections 401 through 406.
(3) Section 408.9.4 is amended to read:
408.9.4 First Emergency Evacuation Drill. The first emergency evacuation drill of each school
year shall be conducted within 10 days of the beginning of classes.
(4) Section 408.9.5 is amended to read:
408.9.5 Time of Day. Emergency evacuation drills shall be conducted at different hours of the
day or evening, during the changing of classes, when the school is at assembly, during the recess
or gymnastic periods, or during other times to avoid distinction between drills and actual fires.
In Group R2 college and university buildings, one required drill shall be held during hours after
sunset or before sunrise.
(5) The following subsections are deleted in their entirety: Section 408.10; Section
408.10.1; Section 408.10.2; Section 408.10.3; Section 408.10.4; and Section 408.10.5.
(e) Section 408.11.1.2 is amended to read:
408.11.1.2 Revisions. The lease plans shall be revised annually or as often as necessary to keep
them current.
16-20.080 Amendments to Chapter 5 of the Fire Code: Fire Service Features.
(a) Section 503.1. is amended to read:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.2 and as per Fire Department access road
Standards.
(b) Section 503.1.1 is amended to read:
503.1.1 Building and Facilities. Approved fire apparatus access roads shall be provided for
every facility, building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of this section
and shall extend within 150 feet (45,720 mm) of all portions of the exterior walls of the first
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story of the building as measured by an approved route around the exterior of the building or
facility.
Exceptions:
1. When the building is equipped throughout with an approved automatic sprinkler installed in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the dimension may be increased to
300 feet.
2. When fire apparatus roads cannot be installed because of topography, waterways,
nonnegotiable grades or other similar conditions, an approved alternative means of fire
protection shall be provided.
(c) Section 503.2.1 is amended to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6,
and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception: When there are not more than two Group R, Division 3, or Group U
occupancies, the access road width may be modified by the fire code official.
(d) Section 504.4 is added to read:
504.4 Access Control Devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices, which would inhibit rapid fire department
emergency access to the building, are installed, such devices shall be approved by the fire code
official. All electrically powered access control devices shall be provided with an approved
means for deactivation or unlocking from a single location or otherwise approved by the fire
department.
Access control devices shall also comply with Chapter 10 Egress.
(e) Section 510.1 is amended to read:
510.1 Emergency responder radio coverage in buildings. All buildings shall have approved
radio coverage for emergency responders within the building based upon the existing coverage
levels of the public safety communications system of the jurisdiction at the exterior of the
building. This section shall not require improvement of the existing public safety
communications system. Emergency responder radio coverage systems shall be installed in
accordance with Section 510 and Appendix J.
(f) Section 510.1.1 is added to read:
510.1.1 Obstruction by new buildings. When in the opinion of the fire code official, a new
structure obstructs the line of sight emergency radio communications to existing buildings or to
any other locations, the developer of the structure shall provide and install the radio
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retransmission equipment necessary to restore communications capabilities. The equipment shall
be located in an approved space or area within the new structure.
16-20.090 Amendments to Chapter 6 of the Fire Code: Building Services and Systems.
(a) Section 605.11 is added to read:
605.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and
similar operations shall be provided with approved over-temperature controls and low liquid
level electrical disconnects. Manual reset of required protection devices shall be provided.
(b) Section 608.6.4 is added to read:
608.6.4 Failure of Ventilation System. Failure of the ventilation system shall automatically
disengage the charging system.
16-20.100 Amendments to Chapter 8 of the Fire Code: Interior Finish, Decorative
Materials and Furnishings.
(a) Section 806.1.1 is amended to read:
806.1.1 Display inside buildings. The display of Christmas trees and other decorative vegetation
in new and existing buildings shall be in accordance with the California Code of Regulations,
Title 19, Division 1, §3.08 and Sections 806.1 through 806.5.
Exceptions: Deleted
16-20.110 Amendments to Chapter 9 of the Fire Code: Fire Protection Systems
(a) Section 903.2 is amended to read:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and
structures shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive.
For the purposes of this section, firewalls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without openings or
penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and
structures.
Exceptions:
a. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy
garages as regulated in Section 903.2.19) and structures that do not exceed 1,000 square feet of
building area and that are not located in the Wildland-Urban Interface Fire Area.
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b. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy
garages as regulated in Section 903.2.19) and structures that are located in the Wildland-Urban
Interface Fire Area and do not exceed 500 square feet of building area.
2. An automatic sprinkler system shall be provided throughout existing buildings and
structures, when additions are made that increase the building area to more than 3,600 square
feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
3. An automatic sprinkler system shall be provided throughout all new basements regardless
of size and throughout existing basements that are expanded by more than 50%.
(b) Subsection 903.2.19 is added to the Fire Code to read as follows:
903.2.19 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of
motor vehicles shall be equipped with an automatic sprinkler system:
1. Any newly constructed attached or detached garage.
2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added
to, or expanded so as to increase the floor space under roof by fifty percent or more of the
amount of floor space under roof immediately prior to such alteration, repair, addition, or
expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall
be considered as equaling or exceeding the above fifty percent limit where the work of
construction or improvement is done at different time intervals requiring two or more building
permits within a period of five years after completion of the first improvement, where although
each is for a project encompassing an addition of less than fifty percent of increased floor space,
but which when combined with other expansions during said five year period of time, increased
the amount of floor space under roof by fifty percent or more of that amount which existed
immediately prior to the commencement of the first of the several alterations, repairs, additions
or expansions.
3. Any existing garage which is altered, added to, or expanded so as to increase the size of such
garage by either 200 or more square feet or thirty-three or more percent of the original size,
whichever is less.
The area of a garage shall include all contiguous areas within the structure utilized for workshop
or storage purposes which are not constructed as habitable space in accordance with the
requirements of this Code, whether or not such contiguous areas are designed or utilized for the
storage of motor vehicles.
Any automatic sprinkler system installed pursuant to this Section shall comply with the standards
set forth in National Fire Protection Association Document 13D.
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All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow
switches that are connected to audible warning devices of sufficient number and adequately
located within the dwelling so as to cause, when activated, a level of audibility of not less than
fifteen decibels above ambient noise levels measured four feet above the floor with bedroom
doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed
is required to be equipped with an early warning fire alarm system pursuant to Chapter 16,
Article 16-60 of the Saratoga Municipal Code, the water flow switches referred to herein shall
also be connected to the digital alarm communicator transmitter or the fire alarm control panel
described in Section 16-60.020 of said Code. However, if the dwelling serviced by the garage is
not equipped with such early warning fire alarm system, the water flow switches shall be
connected to an outside audible alarm that will cause, when activated, a level of audibility at the
property line nearest to the alarm of not less than fifteen decibels above the ambient noise level
at such property line. The provisions contained herein shall apply to both attached and detached
garages.
(c) Section 903.1.1 is amended to read:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a building
or portion thereof be equipped throughout with an automatic sprinkler system in accordance with
this section, sprinklers shall be installed throughout in accordance with NFPA 13 except as
provided in Section 903.3.1.1.1 and local standards.
1. For new buildings having no designated use or tenant, the minimum sprinkler design
density shall be Ordinary Hazard Group 2.
(d) Section 903.3.1.2 is amended to read:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and
including four stories in height , automatic sprinkler systems shall be installed throughout in
accordance with NFPA 13R and local standards.
(e) Section 903.3.1.3 is amended to read:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed
in one-and two-family dwellings and townhouses shall be installed throughout in accordance
with NFPA 13D and local standards.
(f) Section 912.2 is amended to read:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire
department connections shall be so located that fire apparatus and hose connected to supply the
system will not obstruct access to the building for other fire apparatus. The location of fire
department connections shall be approved by the fire code official.
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16-20.120 Amendments to Chapter 14 of the Fire Code: Fire Safety During
Construction and Demolition.
(a) Section 1404.8 is added to read:
1404.8 Fire Walls. When firewalls are required, the wall construction shall be completed (with
all openings protected) immediately after the building is sufficiently weather-protected at the
location of the wall(s).
(b) Section 1411.1 is amended to read:
1411.1 Stairways Required. Each level above the first story in new multi-story buildings that
require two exit stairways shall be provided with at least two usable exit stairways after the floor
decking is installed. The stairways shall be continuous and discharge to grade level. Stairways
serving more than two floor levels shall be enclosed (with openings adequately protected) after
exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall
be lighted and maintained clear of debris and construction materials at all times.
Exception: For new multi-story buildings, one of the required exit stairs may be
obstructed on not more than two contiguous floor levels for the purposes of stairway construction
(i.e., installation of gypsum board, painting, flooring, etc.).
(c) Section 1411.1.1 is added to read:
Section 1411.1.1 Required Means Of Egress. All new buildings under construction shall have
at least one unobstructed means of egress. All means of egress shall be identified in the prefire
plan see Section 1408.2.
16-20.130 Amendments to Chapter 18 of the Fire Code: Semiconductor Fabrication
Facilities.
(a) Amend the following definitions in Section 1802.1 to read:
Continuous Gas Detection System. An approved gas detection system where the analytical
instrument is maintained in continuous operation and sampling is performed without
interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 30
minutes. In occupied areas where air is re-circulated and not exhausted to a treatment system
(e.g. breathing zone), the Chief may require a cyclical basis at intervals not to exceed 5 minutes.
The gas detection system shall be able to detect the presence of a gas at or below the permissible
exposure limit in occupiable areas and at or below ½ IDLH (or 0.05 LC 50 if no established
IDLH) in unoccupiable areas.
Delete Definition: Workstation.
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16-20.140 Amendments to Chapter 19 of the Fire Code: Lumber Yards and Wood
Working Facilities.
(a) Section 1907.6 is added to read:
1907.6 Fire Protection Water Supply System. An approved fire protection water supply and
hydrant system suitable for the fire hazard involved shall be provided for wood chip and hogged
material open storage yards and processing areas associated with timber and lumber production
facilities. Hydrant systems shall be installed in accordance with NFPA 24.
(b) Section 1908.11 is added to read:
1908.11 Fire Protection Water Supply System. An approved fire protection water supply and
hydrant system suitable for the fire hazard involved shall be provided for open storage yards and
processing areas for wood chips, hogged materials, fines, compost and raw product associated
with yard waste and recycling facilities. Hydrant systems shall be installed in accordance with
NFPA 24.
16-20.150 Amendments to Chapter 27 of the Fire Code: Hazardous Materials-General
Provisions.
(a) Subsection 2703.9.11 is added to the Fire Code to read:
2703.9.11 Fire Extinguishing Systems for Workstations Dispensing, Handling or Using
Hazardous Materials. Combustible and non-combustible workstations, which dispense, handle
or use hazardous materials, shall be protected by an approved automatic fire extinguishing
system in accordance with Section 1803.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets that
carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the
cabinet do not exceed 500 ml.
16-20.160 Amendments to Chapter 33 of the Fire Code: Explosives and Fireworks.
(a) Section 3301.1 is amended to read:
3301.1 Scope. For explosives requirements see California Code of Regulations, Title 19,
Division 1, Chapter 10 and section 3301.2 of this chapter. For fireworks requirements see
California Code of Regulations, Title 19, Division 1, Chapter 6 and section 3301.3 of this
chapter. For small arms ammunition, see Section 3301.5 of this chapter.
Exceptions:
1. The armed Forces of the United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
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4. Items preempted by federal regulations.
(b) Section 3301.2 is added to read:
3301.2 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives
are prohibited.
(c) Section 3301.3 is added to read:
3301.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks,
including those fireworks classified as Safe and Sane by the California State Fire Marshal, are
prohibited.
Exceptions:
a. Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture, television,
theatrical and group entertainment productions and when in accordance with Title 19 of the
California Code of Regulations.
b. Storage, handling and use of pyrotechnic special effects fireworks inside of
buildings when used for proximate audience displays or special effects in theatrical, television,
motion picture and group entertainment productions when in accordance with Title 19 of the
California Code of Regulations and when in buildings equipped throughout with an approved
fire sprinkler system.
(d) Section 3301.4 is added to read:
3301.4 Rocketry. The storage, handling, and use of model rockets shall be in accordance with
Title 19 of the California Code of Regulations and as approved by the Fire Code Official.
(e) Sections 3301.5 through 3301.5.3.2.3 are added to read:
3301.5 Small Arms Ammunition-General. Indoor storage and display of black powder,
smokeless propellants and small arms ammunition shall comply with Sections 3301.5.1 through
3301.5.4.2.3.
3301.5.1 Packages. Smokeless propellants shall be stored in approved shipping
containers conforming to DOTn 49 CFR, Part 173.
3301.5.1.1 Repackaging. The bulk repackaging of smokeless
propellants, black powder and small arms primers shall not
be performed in retail establishments.
3301.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Exception: Approved repackaging of damaged containers of smokeless
propellant into containers of the same type and size as the original container.
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3301.5.2 Storage in Group R occupancies. The storage of small arms ammunition in
Group R occupancies shall comply with Sections 3301.5.2.1 through 3301.5.2.3.
3301.5.2.1 Smokeless propellants. Smokeless propellants intended for personal
use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3
occupancies where kept in original containers. Smokeless powder in quantities exceeding 20
pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R-3
occupancies where kept in a wooden box or cabinet having walls of at least 1 inch (25 mm)
nominal thickness.
3301.5.2.2 Black powder. Black powder intended for personal use in quantities
not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where kept
in original containers and stored in a wooden box or cabinet having walls of at least 1 inch (25
mm) nominal thickness.
3301.5.2.3 Small arms primers. No more than 10,000 small arms primers shall
be stored in Group R-3 occupancies.
3301.5.3 Display and storage in Group M occupancies. The display and storage of
small arms ammunition in Group M occupancies shall comply with Sections 3301.5.3.1 through
3301.5.3.2.3.
3301.5.3.1 Display. The display of small arms ammunition in Group M
occupancies shall comply with Sections 3301.5.3.1.1 through 3301.5.3.1.3.
3301.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of
smokeless propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be
displayed in Group M occupancies.
3301.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black
powder shall be displayed in Group M occupancies.
3301.5.3.1.3 Small arms primers. No more than 10,000 small arms
primers shall be displayed in Group M occupancies.
3301.5.3.2 Storage. The storage of small arms ammunition in Group M
occupancies shall comply with Sections 3301.5.3.2.1 through 3301.5.3.2.3.
3301.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of
smokeless propellants not on display shall not exceed 100 pounds (45 kg). Quantities exceeding
20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden
boxes having walls of at least 1 inch (25 mm) nominal thickness.
3301.5.3.2.2 Black powder. Commercial stocks of black powder not on
display shall not exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine.
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When black powder and smokeless propellants are stored together in the same magazine, the
total quantity shall not exceed that permitted for black powder.
3301.5.3.2.3 Small arms primers. Commercial stocks of small arms
primers not on display shall not exceed 750,000. Storage shall be arranged such that not more
than 100,000 small arms primers are stored in any one pile and piles are at least 15 feet (4572
mm) apart.
16-20.170 Amendments to Chapter 34 of the Fire Code: Flammable and Combustible
liquids.
(a) Section 3404.2.7.5.8 is amended to read:
3404.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section
3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage
tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 3406.4 or
3406.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 3404.2.9.7.6 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment
inside buildings.
Exception: Deleted
(b) Section 3404.2.7.5.9 is added to read:
3404.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, approved by the fire code
official, that sends an alarm signal to a constantly attended location and immediately stops the
filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and
records of such testing shall be maintained on-site for a period of five (5) years.
16-20.180 Amendments to Appendix Chapter 49 of the Fire Code: Requirements For
Wildland-Urban Interface Fire Areas.
(a) Section 4902, definition of Wildland-Urban Interface Fire Area, is amended to read:
Wildland-Urban Interface Fire Area is a geographical area identified by the state as a “Fire
Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through
4204 and Government Code Sections 51175 through 51189, or other areas designated by the
enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable
referenced sections of the Government Code and the Public Resources Code. The Wildland-
Urban Interface Fire Area shall be defined as all areas within the City of Saratoga as set forth and
delineated on the map entitled "Wildland-Urban Interface Fire Area” which map and all
notations, references, data and other information shown thereon are hereby adopted and made a
part of this chapter. The map properly attested, shall be on file in the Office of the City Clerk of
the City of Saratoga.
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(b) Section 4906.2 is amended to read:
4906.2 Application. Buildings and structures located in the following areas shall maintain the
required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as
State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban
Intereface Fire Area by the City of Saratoga.
(c) Section 4907.1 is amended to read:
4907.1 General. Defensible space will be maintained around all buildings and structures in Sate
Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe
Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code
51175 – 51189 and any local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in the
locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire
Hazard Severity Zone and persons owning, leasing or controlling land adjacent to such buildings
or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or
structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire from the
native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when
required by the fire code official due to steepness of terrain or other conditions that would cause
a defensible space of only 30 feet (9144 mm) to be insufficient.
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Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the ground need not be
removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of
a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
(d) Section 4907.2 is added to read:
4907.2 Corrective Actions. The executive body is authorized to instruct the fire code official to
give notice to the owner of the property upon which conditions regulated by Section 4907.1 exist
to correct such conditions. If the owner fails to correct such conditions, the executive body is
authorized to cause the same to be done and make the expense of such correction a lien upon the
property where such condition exists.
(e) Section 4908 is added to read:
4908.1 General. When required by the code official, a fire protection plan shall be
prepared.
4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that
includes considerations of location, topography, aspect, flammable vegetation, climatic
conditions and fire history. The plan shall address water supply, access, building ignition and
fire-resistance factors, fire protection systems and equipment, defensible space and vegetation
management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code
official.
(f) Section 4909 is added to read:
SECTION 4909
ACCESS
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated
into or within the Wildland-Urban Interface Fire Area shall be provided with fire apparatus
access in accordance with Chapter 5 and Section 4909.2.
4909.2 Driveways. Driveways in excess of 150 feet (45 720 mm) in length shall be provided
with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less than 20 feet
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(6096 mm) in width shall be provided with turnouts in addition to turnarounds. An all-weather
surface shall be any surface material acceptable to the code official.
A driveway shall not serve in excess of two dwelling units.
Exception: When such driveways meet the requirements for an access road in
accordance with this chapter.
Driveway turnarounds shall be in accordance with Fire Department Standards. Driveways that
connect with a road or roads at more than one point may be considered as having a turnaround if
all changes of direction meet the radii requirements for driveway turnarounds.
Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and 30
feet (9144 mm) long. Driveway turnouts shall be located as required by the code official.
Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads.
Design loads for bridges shall be established by the code official.
(g) Section 4910 is added to read:
SECTION 4910
WATER SUPPLY
4910.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated
into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection
water supplies in accordance with Chapter 5 and Sections 4910.2 and 4910.3.
Exception: Buildings containing only private garages, carports, sheds and agricultural
buildings with a building area of not more than 500 square feet (56 m2).
4910.2 Clearance Of Fuel. Defensible space shall be provided around water tank structures,
water supply pumps and pump houses in accordance with Section 4907.
4910.3 Standby Power. Stationary water supply facilities within the wildland-urban interface
area dependent on electrical power to meet adequate water supply demands shall provide standby
power systems in accordance with the Electrical Code to ensure that an uninterrupted water
supply is maintained. The standby power source shall be capable of providing power for a
minimum of two hours.
Exceptions:
1. When approved by the code official, a standby power supply is not required
where the primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility
serves no more than one single-family dwelling.
(h) Section 4911 is added to read:
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SECTION 4911
GENERAL REQUIREMENTS FOR SUPPRESSION AND CONTROL
4911.1 Scope. The provisions of this chapter establish general requirements applicable to new
and existing properties located within the Wildland-Urban Interface Fire Area.
4911.2 Clearance Of Brush Or Vegetative Growth From Roadways. The code official is
authorized to require areas within 10 feet (3048 mm) on each side of portions of fire apparatus
access roads and driveways to be cleared of non-fire-resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they
do not form a means of readily transmitting fire.
4911.3 Access Restrictions
4911.3.1 Restricted Entry To Public Lands. The code official is authorized to
determine and publicly announce when the Wildland-Urban Interface Fire Area shall be closed
to entry and when such areas shall again be opened to entry. Entry on and occupation of the
Wildland-Urban Interface Fire Area, except public roadways, inhabited areas or established trails
and campsites that have not been closed during such time when the wildland-urban interface area
is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within the Wildland-Urban Interface
Fire Area and their invitees and guests going to or being on their lands.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized
public officers, members of a fire department and members of the Wildland Firefighting Service.
4911.3.2 Use Of Fire Roads And Defensible Space. Motorcycles, motor scooters and
motor vehicles shall not be driven or parked on, and trespassing is prohibited on, fire roads or
defensible space beyond the point where travel is restricted by a cable, gate or sign, without the
permission of the property owners. Vehicles shall not be parked in a manner that obstructs the
entrance to a fire road or defensible space.
Exception:
Public officers acting within their scope of duty. Radio and television aerials, guy wires
thereto, and other obstructions shall not be installed or maintained on fire roads or defensible
spaces, unless located 16 feet (4877 mm) or more above such fire road or defensible space.
4911.3.3 Use Of Motorcycles, Motor Scooters, Ultra light Aircraft And Motor
Vehicles. Motorcycles, motor scooters, ultra light aircraft and motor vehicles shall not be
operated within the Wildland-Urban Interface Fire Area, without a permit by the code official,
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except on clearly established public or private roads. Permission from the property owner shall
be presented when requesting a permit.
4911.3.4 Tampering With Locks, Barricades, Signs And Address Markers. Locks,
barricades, seals, cables, signs and address markers installed within the Wildland-Urban
Interface Fire Area, by or under the control of the code official, shall not be tampered with,
mutilated, destroyed or removed.
Gates, doors, barriers and locks installed by or under the control of the code official shall not be
unlocked.
(i) Section 4912 is added to read:
SECTION 4912
IGNITION SOURCE CONTROL
4912.1 General. Ignition sources shall be in accordance with Section 4912.
4912.2 Clearance From Ignition Sources. Clearance between ignition sources and grass, brush
or other combustible materials shall be maintained a minimum of 30 feet (9144 mm).
4912.3 Smoking. When required by the code official, signs shall be posted stating NO
SMOKING. No person shall smoke within 15 feet (4572 mm) of combustible materials or non-
fire-resistive vegetation.
Exception:
Places of habitation or in the boundaries of established smoking areas or campsites as designated
by the code official.
4912.4 Equipment And Devices Generating Heat, Sparks Or Open Flames. Equipment and
devices generating heat, sparks or open flames capable of igniting nearby combustibles shall not
be used in the Wildland-Urban Interface Fire Area without a permit from the code official.
Exception:
Use of approved equipment in habitated premises or designated campsites that are a minimum of
30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.
4912.5 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface
Fire Area.
(j) Section 4913 is added to read:
SECTION 4913
OUTDOOR FIRES
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4913.1 General. No person shall build, ignite or maintain any outdoor fire of any kind for any
purpose in or on any Wildland-Urban Interface Fire Area, except by the authority of a written
permit from the code official.
Exception:
Outdoor fires within inhabited premises or designated campsites where such fires are in a
permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum of 30 feet
(9144 mm) from any combustible material or non-fire-resistive vegetation.
4913.2 Permits. Permits outdoor fires shall incorporate such terms and conditions that will
reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or
maintained in Wildland Urban Interface Fire Areas under the following conditions:
1. When high winds are blowing,
2. When a person 17 years old or over is not present at all times to watch and tend
such fire, or
3. When a public announcement is made that open burning is prohibited.
4913.3 Restrictions. No person shall use a permanent barbecue, portable barbecue, outdoor
fireplace or grill for the disposal of rubbish, trash or combustible waste material.
4913.4 Outdoor Fireplaces, Permanent Barbecues And Grills. Outdoor fireplaces, permanent
barbecues and grills shall not be built, installed or maintained in the Wildland-Urban Interface
Fire Area without approval of the Building or Fire Code Official.
Outdoor fireplaces, permanent barbecues and grills shall be located a minimum of 30 feet (9144
mm) from any combustible material or non-fire-resistive vegetation and shall be maintained in
good repair and in a safe condition at all times. Openings in such appliances shall be provided
with an approved spark arrestor, screen or door. For the purposes of this section, ignition-
resistant material shall not be considered to be combustible material.
Exception:
When approved by the Building or Fire Code Official, unprotected openings in barbecues and
grills necessary for proper functioning.
(k) Section 4914 is added to read:
SECTION 4914
LIQUEFIED PETROLEUM GAS INSTALLATIONS
4914.1 Vegetation Clearance around Tanks/Containers. Flammable vegetation shall be
cleared a minimum of 30 feet around liquefied petroleum gas tanks/containers.
(l) Section 4915 is added to read:
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SECTION 4915
STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS
4915.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible space shall
be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of
trees by a minimum horizontal distance of 15 feet (4572 mm).
4915.2 Storage For Off-Site Use. Firewood and combustible materials not for consumption on
the premises shall be stored as approved by the fire code official.
(m) Section 4916 is added to read:
SECTION 4916
DUMPING
4916.1 Waste Material. Waste material shall not be placed, deposited or dumped in the
Wildland-Urban Interface Fire Area, or in, on or along trails, roadways or highways or against
structures in the Wildland-Urban Interface Fire Area.
Exception:
Approved public and approved private dumping areas.
4916.2 Ashes And Coals. Ashes and coals shall not be placed, deposited or dumped in or on the
Wildland-Urban Interface Fire Area.
Exceptions:
1. In the hearth of an established fire pit, camp stove or fireplace.
2. In a noncombustible container with a tight fitting lid, which is kept or maintained
in a safe location not less than 10 feet (3048 mm) from non-fire-resistive vegetation or structures.
3. Where such ashes or coals are buried and covered with 1 foot (305 mm) of
mineral earth not less than 25 feet (7620 mm) from non-fire-resistive vegetation or structures.
(n) Section 4917 is added to read:
SECTION 4917
PROTECTION OF PUMPS AND WATER STORAGE FACILITIES
4917.1 Clearance of Flammable Vegetation. Flammable vegetation shall be cleared a
minimum of 30 feet from water storage equipment and pumping facilities.
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16-25.010 Adoption of California Plumbing Code.
Article 16-25 PLUMBING CODE
The 2010 California Plumbing Code (2009 Uniform Plumbing Code, as published by the
International Code Council), including Appendix Chapters A, B, D, I, K and L only,
hereinafter referred to as the “Plumbing Code,” is referred to and such Code is adopted
and made a part hereof, the same as if fully set forth in this Article, and shall be the
Plumbing Code of the City. However, in accordance with California Government Code
Section 50222.4, no penalty clauses are adopted by reference. In accordance with
California Government Code Section 50022.6, at least one true copy of the Plumbing
Code has been on file with the City Clerk since fifteen (15) days prior to enactment of the
ordinance codified in this Article. While the ordinance codified in this Article is in force,
a true copy of the Plumbing Code shall be kept for public inspection in the office of the
Building Official. A reasonable supply of the Plumbing Code shall be available in the
office of the City Clerk for public purchase.
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Article 16-30 MECHANICAL SYSTEMS
16-30.010 Adoption of California Mechanical Code.
The 2010 California Mechanical Code (2009 Uniform Mechanical Code as published by the
International Code Council) including all appendices, hereinafter referred to as the “Mechanical
Code,” is referred to and such Code is adopted and made a part hereof, the same as if fully set
forth in this Article, and shall be the Mechanical Code of the City. However, in accordance with
California Government Code Section 50222.4, no penalty clauses are adopted by reference. In
accordance with California Government Code Section 50022.6, at least one true copy of the
Mechanical Code has been on file with the City Clerk since fifteen (15) days prior to enactment
of the ordinance codified in this Article. While the ordinance codified in this Article is in force,
a true copy of the Mechanical Code shall be kept for public inspection in the office of the
Building Official. A reasonable supply of the Mechanical Code shall be available in the office of
the City Clerk for public purchase.
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Article 16-35 ELECTRICAL CODE
16-35.010 Adoption of California Electrical Code.
The 2010 California Electrical Code (2008 National Electrical Code as published by the
International Code Council), hereinafter referred to as the “Electrical Code,” is referred to and
such code is adopted and made a part hereof, the same as if fully set forth in this Article, and
shall be the Electrical Code of the City. However, in accordance with California Government
Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with
California Government Code Section 50022.6, at least one true copy of the Electrical Code has
been on file with the City Clerk since fifteen (15) days prior to enactment of the ordinance
codified in this Article. While the ordinance codified in this Article is in force, a true copy of the
Electrical Code shall be kept for public inspection in the office of the Building Official. A
reasonable supply of the Electrical Code shall be available in the office of the City Clerk for
public purchase.
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16-49.010 Adoption of California Green Building Standards Code.
Article 16-49 GREEN BUILDING STANDARDS CODE
The 2010 California Green Building Standards Code (California Building Standards
Commission as published by the International Code Council), hereinafter referred to as the
“Green Building Standards Code,” is referred to and such code is adopted and made a part
hereof, the same as if fully set forth in this Article, and shall be the Green Building Standards
Code of the City. However, in accordance with California Government Code Section 50222.4,
no penalty clauses are adopted by reference. In accordance with California Government Code
Section 50022.6, at least one true copy of the Green Building Standards Code has been on file
with the City Clerk since fifteen (15) days prior to enactment of the ordinance codified in this
Article. While the ordinance codified in this Article is in force, a true copy of the Green
Building Standards Code shall be kept for public inspection in the office of the Building Official.
A reasonable supply of the Green Building Standards Code shall be available in the office of the
City Clerk for public purchase.
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING
FINDINGS OF FACT REGARDING THE NEED FOR THE MODIFICATIONS TO THE
PROVISIONS OF THE 2010 CALIFORNIA BUILDING STANDARDS CODE MADE IN
THE SARATOGA CITY CODE.
WHEREAS, California Health and Safety Code Section 18938 makes certain provisions
published in the California Building Standards Code pursuant to Health and Safety Code Section
17922 applicable to all occupancies throughout the state and effective one hundred eighty days
after publication by the California Building Standards Commission (“Commission”), or at a later
date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958 permits cities to amend the
requirements of the California Building Standards Code in accordance with Health and Safety
Code Sections 17958.5 and 17958.7; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting
provisions of the California Building Standards Code to make such changes in such provisions as
the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary
because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making
changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that
such changes are reasonably necessary because of local climatic, geological, or topographical
conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health
and Safety Code Section 17958.5 may not become effective until the required findings, and the
changes, have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances
that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, the City Council of the City of Saratoga (“City Council”) intends to adopt an
ordinance adopting by reference certain provisions of the California Building Standards Code; and
WHEREAS, the City Council has reviewed Attachment 1, which sets forth the reasons
for the proposed changes to the California Building Standards Code contained in the code
adoption ordinance;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and
find that the changes to the provisions of the California Building Standards Code set forth in
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2
code adoption ordinance approved December 15, 2010 are reasonably necessary because of local
climatic, geological, or topographical conditions set forth in Attachment 1 in accordance with
Health and Safety Code Section 17958.7; and
BE IT FURTHER RESOLVED that a copy of this Resolution, including Attachment 1,
shall be filed with the California Building Standards Commission in accordance with Health and
Safety Code Section 17958.7.
PASSED AND ADOPTED by the City Council of the City of Saratoga at a meeting held on
December 15, 2010, by the following vote, to wit:
COUNCILMEMBERS: AYES:
COUNCILMEMBERS: NOES:
COUNCILMEMBERS: ABSENT:
COUNCILMEMBERS: ABSTAIN:
______________________________________
Howard Miller, Mayor
ATTEST:
______________________________
Ann Sullivan, City Clerk
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1
ATTACHMENT 1
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA RESIDENTIAL BUILDING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
The City of Saratoga makes the following findings regarding the need for amending the
2010 California Residential Building Code:
FINDING 1: CLIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds and warm temperatures during the summer months creating conditions
which are particularly conducive to the ignition and spread of grass, brush and structure fires.
FINDING 2: TOPOGRAPHICAL CONDITIONS: The remoteness and steepness of
hillside areas in the City along with long, narrow roadways significantly impacts the ability of
emergency responders to extinguish or control wildland or structure fires.
The landscape of Saratoga also includes steep slopes susceptible to erosion, especially
during the rainy season. Areas of critically expansive soil and other unstable soil conditions
create a need for soil retention and the diversion or increased flow of surface waters, particularly
on steep slopes.
FINDING 3: SEISMIC CONDITIONS: The City of Saratoga’s dense population is
located in an area of high seismic activity, as indicated by the United States Geological Survey
and the California Division of Mines and Geology. Recent earthquake activities, including the
1989 Loma Prieta earthquake, have indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearby structures. The City’s adjacency to
active earthquake faults also means that building work must be completed in a timely fashion to
minimize the danger to the public health, safety and welfare.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2010 California Residential Building Code and states which of the findings above and other
conditions make the amendment reasonably necessary.
Amended
Sections of
the 2010 CA
Residential
Building
Code
Applicable
Section of
Saratoga
Building Code
Ordinance
Explanation Findings
R313.1
16-18.025(a) Amends the 2010 CA
Residential Building
Codes provisions for
townhouse automatic
fire sprinkler systems
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as automatic sprinkler
systems are necessary. The ability of
automatic sprinklers to get water on
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2
a fire early also reduces the fire flow
demand and the need for multiple
hydrants.
R313.2 16-18.025(b) Amends the 2010 CA
Residential Building
Codes provisions for
one and two family
dwellings automatic
fire sprinkler systems
Findings Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as automatic sprinkler
systems are necessary. The ability of
automatic sprinklers to get water on
a fire early also reduces the fire flow
demand and the need for multiple
hydrants.
R327.7.9 16-18.030(a) Amends the 2010 CA
Residential Building
Code regarding the
underside of
appendages
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
R327.10.3.2 16-18.030(b) Deletes Section
R327.10.3.2 of the
Residential Building
Code regarding
accessory structures
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory for all accessory
structures.
R327.10.4 16-18.030(c) Amends the 2010 CA
Residential Building
Code regarding
accessory structures
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
R403.1.3 16-18.035(a) Amends the 2010
CA Residential
Building Code
regarding plain
concrete.
Finding No. 3. This proposed
amendment to the CRC is made to
be consistent with TUCC
amendment 3 that modifies the plain
concrete provisions in CBC Section
1908.1,8 and ACI 318 Section
22.10.1.
This proposed amendment addresses
the problem of poor performance of
plain or under-reinforced concrete
footings during a seismic event. This
amendment reflects the
recommendations by the Structural
Engineers Association of Southern
California (SEAOSC) and the Los
Angeles City Joint Task Force that
investigated the poor performance of
plain and under-reinforced concrete
footings observed in 1994
Northridge earthquake.
R602.10.2.1
and Table
16-18.040(a) Amends the 2010 CA
Residential Building
Finding No. 3. The proposed
amendment addresses the problem of
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3
R602.10.1.2(2) Code regarding
Seismic Design
Categories D0, D1,
and D2
poor performance of gypsum
wallboard and Portland cement
plaster as wall bracing materials in
high seismic areas. This amendment
reflects the recommendations by the
Structural Engineers Association of
Southern California (SEAOSC) and
the Los Angeles City Joint Task
Force that investigated the poor
performance of these bracing
materials that were observed in 1994
Northridge earthquake.
R902.1.4.1 16-18.045(a) A new subsection has
been added to the
2010 CA Residential
Building Code to
retain the Saratoga
Code’s provisions for
roof coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
R902.1.3 16-18.045(b) Amends the 2010 CA
Residential Building
Code to regarding
roof coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
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1
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA BUILDING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
The City of Saratoga makes the following findings regarding the need for amending the
2010 California Building Code:
FINDING 1: CLIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds and warm temperatures during the summer months creating conditions
which are particularly conducive to the ignition and spread of grass, brush and structure fires.
FINDING 2: TOPOGRAPHICAL CONDITIONS: The remoteness and steepness of
hillside areas in the City along with long, narrow roadways significantly impacts the ability of
emergency responders to extinguish or control wildland or structure fires.
The landscape of Saratoga also includes steep slopes susceptible to erosion, especially
during the rainy season. Areas of critically expansive soil and other unstable soil conditions
create a need for soil retention and the diversion or increased flow of surface waters, particularly
on steep slopes.
FINDING 3: SEISMIC CONDITIONS: The City of Saratoga’s dense population is
located in an area of high seismic activity, as indicated by the United States Geological Survey
and the California Division of Mines and Geology. Recent earthquake activities, including the
1989 Loma Prieta earthquake, have indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearby structures. The City’s adjacency to
active earthquake faults also means that building work must be completed in a timely fashion to
minimize the danger to the public health, safety and welfare.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2010 California Residential Building Code and states which of the findings above and other
conditions make the amendment reasonably necessary.
Amended
Sections of
the 2010 CA
Building
Code
Applicable
Section of
Appendix A to
Ordinance
Explanation Findings
107.5 16-15.025 (a) Amends the 2010 CA
Building Code
section regarding
retention of plans.
Finding No. 3. The City of Saratoga
is adjacent to active earthquake faults
capable of producing substantial
seismic events. It is necessary for one
set of plans to be retained on the work
site at all times so that detailed
inspections to ensure compliance with
seismic standards can be carried out.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
105.5 16.15-030(a) Amends the 2010 CA Given the City of Saratoga’s
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2
Building Code
section regarding
expiration of permits.
adjacency to active earthquake faults
capable of producing substantial
seismic events, building work must
be completed in a timely fashion to
minimize the danger to the public
health, safety and welfare. This
provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
109.2.1 16.15-040(a) Adds a new
subsection to the
2010 CA Building
Code to make it clear
the city can prescribe
reasonable fees to
defray the cost of
regulation. Adds
provisions for permit,
investigation, plan
review, and other
additional fees.
The City of Saratoga may prescribe
fees to defray the cost of enforcement
of rules and regulations promulgated
by the Department of Housing and
Community Development under the
terms of Sec. 109.2 of the 2010 CA
Building Code. These fees will be set
by the City Council of Saratoga to
ensure they are reasonably necessary
given the cost of regulation to the
City. This provision is identical to
the provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
1505.1.4.1 16.15-045(b) A new subsection has
been added to the
2010 CA Building
Code to retain the
Saratoga Code’s
provisions for roof
coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
1505.1.3 16.15-045(a) Amends the 2010 CA
Building Code
section regarding roof
coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
707A.8 16-15.050(a) Amends the 2010 CA
Building Code
regarding exterior
covering.
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
710A.3.2 16-15.055(a) Deletes Section
710A.3.2 of the 2010
CA Building Code
regarding accessory
structures
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory for all accessory
structures.
710A.4 16-15.055(b) Amends the 2010 CA
Building Code
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
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3
regarding accessory
structures
necessary to amend this section to
make it mandatory.
1613.8 16-15.060(a) A new Section
1613.8 is added to
modify the stability
coefficient equation
in evaluating P-delta
effects in the 2010
CA Building Code.
Finding No 3. The importance factor,
I, was omitted from Equation 12.8-16
by mistake while transcribing it from
the 2003 NEHRP Recommended
Provisions (FEMA 450) Equation
5.2-16. For buildings with
importance factor, I, higher than 1.0,
the stability coefficient should include
the importance factor. The proposed
modification is consistent with the
provisions adopted by DSA-SS and
OSHPD as reflected in Section
1615.10.7 of the 2010 California
Building Code. It is also consistent
with ASCE 7-10 Equation 12.8-16
that will be adopted in the next code
cycle. The Tri-Chapter Uniform
Code Committee had supported the
proposed modification during the
2007 code adoption process. This
proposed amendment is a
continuation of an amendment
adopted during the previous code
adoption cycle.
1704.4 16-15.065(a) Amends the type of
exceptions from
requiring special
inspection for
isolated spread
concrete footings of
buildings three stories
or less above grade
plane.
Finding No. 3. Results from studies
after the 1994 Northridge earthquake
indicated that a lot of the damages
were attributed to lack of quality
control during construction. The
proposed amendment improves
quality control during construction
and therefore needs to be
incorporated into the Code.
Revise CBC Section 1704.4
exception No. 1 to allow special
inspection not to be required for
isolated spread footing where the
structural design of the footing is
based on a specified compressive
strength, f’c, no greater than 2,500
psi.
This proposed amendment is a
continuation of an amendment
adopted during the previous code
adoption cycle.
1908.1.8 16-15.070(a) Amends Section
1908.1.8 that allows
the use of plain
Finding No. 3. The proposed
amendment addresses the problem of
poor performance of plain or under-
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4
concrete in residential
structures assigned to
seismic design
category D, E, or F.
reinforced concrete footings during a
seismic event. This amendment
reflects the recommendations by the
Structural Engineers Association of
Southern California (SEAOSC) and
the Los Angeles City Joint Task
Force that investigated the poor
performance of plain and under-
reinforced concrete footings observed
in 1994 Northridge earthquake.
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5
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
THE 2010 CALIFORNIA BUILDING CODE
BY RETAINING CERTAIN PROVISIONS OF THE 2001
CALIFORNIA BUILDING CODE IN THE
“EXCAVATION AND GRADING”
CODE OF THE CITY CODE OF THE CITYOF SARATOGA
The City of Saratoga makes the following findings regarding the need to amend the 2010
California Building Code by retaining provisions from the 2001 California Building Code in the
“Excavation and Grading” Code.
Article 16-17 of the Saratoga Code retains Article 16-17 (the “Grading Code”) from what
was formerly Appendix Chapter 33 of the 2001 Building Code. The Grading Code is nearly
identical to that adopted in 2007; only citations have been updated. The City of Saratoga is not
adopting Appendix J (“grading”) of the 2010 California Building Code.
Express findings that the modifications regarding grading and excavation to the Building
Code were reasonably necessary were filed upon the adoption of the City of Saratoga’s 2007
Building Regulations with the California Building Standards Commission in accordance with
California Health and Safety Code Section 17958.7 and are available as a public record.
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6
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA FIRE CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
The City of Saratoga makes the following findings regarding the need to amend the 2010
California Fire Code:
Finding No. 1 – Climatic Conditions: The City of Saratoga experiences low humidity,
high winds and warm temperatures during the summer months creating conditions which are
particularly conducive to the ignition and spread of grass, brush and structure fires.
Finding No. 2 – Topographical Conditions: The remoteness and steepness of hillside
areas in the City along with long, narrow roadways significantly impacts the ability of emergency
responders to extinguish or control wildland or structure fires.
Finding No. 3 – Seismic Conditions: The City of Saratoga is situated adjacent to active
earthquake faults capable of producing substantial seismic events. Should a significant seismic
event occur, uncontrolled hazardous materials releases and fires could pose the greatest threat to
the largest number of people. Since the City is divided by a freeway and highway, a major
earthquake would significantly impact the ability of fire crews to respond to emergencies should
one or more roadways be blocked or damaged due to bridge collapse or debris from falling
structures. Additionally, fire suppression capabilities will be severely limited should the water
system be extensively damaged during the seismic event.
Therefore, in order to minimize the risks to persons and property due to potential
response delays and compromised fire suppression capabilities, mitigation measures are
necessary such as but not limited to; automatic fire suppression systems, controls for hazardous
materials, safety provisions in buildings for firefighters and additional fire hydrants.
Additions and deletions to the 2010 California Fire Code are hereby determined to be reasonably
necessary based on the above findings and apply to following amended, added, or deleted
sections.
Amended
Sections of the
2010 CA
Building Code
Applicable
Section of
Appendix A
to
Ordinance
Explanation Findings
105.1.4 16-20.050(a) Adds a new section to
the 2010 CA Building
Code section
regarding
construction permit
fees.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
105.1.5 16-20.050(b) Adds a new section to
the 2010 CA Building
Code section
regarding operational
permit fees.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
105.6.8 16-20.050(c) Amends the 2010 CA This provision is identical to the
178
7
Building Code
section regarding
compressed gases.
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
105.6.10 16-20.050(d) Amends the 2010 CA
Building Code
section regarding
cryogenic fluids.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
105.6.48
16-20.050(e) Adds a new section to
the 2010 CA Building
Code section
regarding day care
facilities.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
105.6.49 16-20.050(f) Adds a new section to
the 2010 CA Building
Code section
regarding institutional
occupancy.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
106.5 16-20.050(g) Adds a new section to
the 2010 CA Building
Code section
regarding final
inspection.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
109.3 16-20.050(h) Amends the 2010 CA
Building Code
regarding violation
penalties.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
311.5; 311.5.1;
311.5.2;
311.5.3;
311.5.4;
311.5.5
16-20.060(a) Deletes sections of
the 2010 CA Building
Code regarding
placards.
Findings Nos. 1, 2, and 3. Sections of
the Fire Code concerning the
placement of placards on buildings
determined to be unsafe are deleted in
their entirety.
316.6 16-20.060(b) Adds a new section to
the 2010 CA Building
Code section
regarding roof
guardrails at interior
courts.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
404.2; 404.3.1 16-20.070(a),
(b)
Amends the 2010 CA
Building Code
regarding fire safety
and evacuation plans.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
Table 405.2 16-20.070(c) Amends the 2010 CA
Building Code
regarding fire
evacuation drill
frequency and
participation.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
408.2.2;
408.3.1;
408.3.2;
408.3.3;
16-20.070(d) Deletes sections of
the 2010 CA Building
Code regarding
evacuation plans.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
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8
408.3.4;
408.5.1;
408.5.2;
408.5.3;
408.5.4;
408.5.5; 408.6;
408.6.1;
408.6.2;
408.7; 408.7.1;
408.7.2;
408.7.3;
408.7.4;
408.8; 408.8.1;
408.8.2;
408.8.3
408.9 16-20.070(d) Amends the 2010 CA
Building Code
regarding group R-2
occupancies.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
408.9.4 16-20.070(d) Adds a new section to
the 2010 CA Building
Code section
regarding first
emergency
evacuation drill.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
408.9.5 16-20.070(d) Adds a new section to
the 2010 CA Building
Code section
regarding time of day
for emergency
evacuation drill.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
408.11.1.2 16-20.070(e) Amends the 2010 CA
Building Code
regarding revisions of
lease plans.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
503.1; 503.1.1;
503.2.1
16-20.080(a),
(b), and (c)
Amends the 2010 CA
Building Code
regarding fire service
features.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to add additional
requirements regarding fire apparatus
access roads.
504.4 16-20.080(d) Adds a new section to
the 2010 CA Building
Code section
regarding access
control devices.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to add additional
requirements regarding access control
devices.
510.1 16-20.080(e) Amends the 2010 CA
Building Code
regarding emergency
responder radio
coverage in buildings.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to add additional
requirements regarding emergency
communication systems.
510.1.1 16-20.080(f) Adds a new section to Findings Nos. 1, 2, and 3. Given the
180
9
the 2010 CA Building
Code section
regarding obstruction
by new buildings.
local conditions, the City deems it
necessary to add additional
requirements regarding the
obstruction of emergency
communication systems by new
buildings.
605.11 16-20.090(a) Adds a new section to
the 2010 CA Building
Code section
regarding immersion
heaters.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
608.6.4 16-20.090(b) Adds a new section to
the 2010 CA Building
Code section
regarding failure of
ventilation systems.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
806.1.1 16-20.100(a) Amends the 2010 CA
Building Code
regarding displays
inside buildings.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to clarify that Saratoga
residents need to comply with
California Code of Regulations, Title
19, Division 1, §3.08 and Sections
806.1 through 806.5 when displaying
Christmas trees and other indoor
vegetation displays.
903.2; 903.2.19;
903.3.1.1;
903.3.1.2;
903.3.1.3
16-20.110(a),
(b), (c), (d),
(e)
Amends the 2010 CA
Building Code and
adds new section
regarding sprinklers.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to add new sections and
edit existing sections of the 2010 CA
Building Code regarding automatic
sprinklers.
912.2 16-20.110(f) Amends the 2010 CA
Building Code
regarding fire hydrant
location.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to edit existing sections of
the 2010 CA Building Code regarding
fire hydrant location.
1404.8 16-20.120(a) Adds a new section to
the 2010 CA Building
Code section
regarding fire walls.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
1411.1 16-20.120(b) Amends the 2010 CA
Building Code
regarding stairways.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
1411.1.1 16-20.120(c) Adds a new section to
the 2010 CA Building
Code section
regarding required
means of egress.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
1802.1 16-20.130(a) Amends the 2010 CA
Building Code
This provision is identical to the
provisions of the 2007 Saratoga
181
10
regarding the
definition of a
continuous gas
detection system.
Building Code so no new findings are
necessary.
1907.6;
1908.11
16-20.140(a),
(b)
Adds new sections to
the 2010 CA Building
Code section
regarding required
fire protection water
supply system s.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
2703.11 16-20.150(a) Adds a new section to
the 2010 CA Building
Code section
regarding required
fire extinguising
systems for
workstations
dispensing, handling
or using hazardous
materials.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
3301.1; 3301.2;
3301.3; 3301.4;
3301.5;
3301.5.1;
3301.5.1.1;
3301.5.1.2;
3301.5.2;
3301.5.2.1;
3301.5.2.2;
3301.5.2.3;
3301.5.3;
3301.5.3.1;
3301.5.3.1.1;
3301.5.3.1.2;
3301.5.3.1.3;
3301.5.3.2;
3301.5.3.2.1;
3301.5.3.2.2;
3301.5.3.2.3
16-20.160(a),
(b), (c), (d),
(e)
Amends the 2010 CA
Building Code and
adds new sections
regarding explosives
and fireworks.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to add additional
restrictions on the possession,
handling, and use of fireworks and
explosives.
3404.2.7.5.8;
3404.2.7.5.9;
3404.2.9.6.1;
3804.2;
3506.2
16-20.025(a),
(b); 16-
20.030(a);
16-20.040(a);
16-20.170(a),
(b)
Amends the 2010 CA
Building Code and
adds a new section
regarding flammable
or combustible
liquids.
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to edit the existing sections
of the 2010 CA Building Code
dealing with flammable or
combustible liquids.
4902.1; 4906.2;
4907.1; 4907.2;
4908.1; 4908.2;
4908.3; 4908.4;
4909; 4909.1;
4909.2; 4910;
16-20.180(a),
(b), (c), (d),
(e), (f), (g),
(h), (i), (j),
(k), (l), (m),
(n)
Amends the 2010 CA
Building Code and
adds new sections
regarding
requirements for
wildland-urban
Findings Nos. 1, 2, and 3. Given the
local conditions, the City deems it
necessary to add additional sections
that outline the code requirements for
buildings in the Wildland-Urban
Interface Fire Area.
182
11
4910.1; 4910.2;
4910.3; 4911;
4911.1; 4911.2;
4911.3;
4911.3.1;
4911.3.2;
4911.3.3;
4911.3.4; 4912;
4912.1; 4912.2;
4912.3; 4912.4;
4912.5; 4913;
4913.1; 4913.2;
4913.3; 4913.4;
4914; 4914.1;
4915; 4915.1;
4915.2; 4916;
4916.1; 4916.2;
4917; 4917.1
interface fire areas.
183
12
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA MECHANICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2010 California Mechanical Code is being adopted
without modification.
184
13
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA ELECTRICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2010 California Electrical Code is being adopted without
modification.
185
14
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA PLUMBING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2010 California Plumbing Code is being adopted without
modification.
186
15
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
No findings are necessary because the 2010 California Green Building Standards Code is being
adopted without modification.
P:\SARATOGA\Ordinances\Building Code\2010 Building Code\Saratoga Building Code - Resolution Adopting Findings of Fact (Draft 12-8-10).doc
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1
SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER:Dave Anderson
PREPARED BY:Brad Lind & Richard Taylor DIRECTOR: John Livingstone
________________________________________________________________________
SUBJECT:Introduction of (1) Ordinance Adopting and Amending 2010 California Building
Standards Building, Residential Building, Electrical, Mechanical, Plumbing, Fire, and
Green Building Standards Codes with Modifications for Local Conditions, and (2)
Resolution regarding the need to modify the California Building Code due to local
conditions.
RECOMMENDED ACTIONS:
(1) Introduce and waive the first reading of the attached ordinance adopting and amending the
referenced codes and direct the City Attorney to read the title of the codes to be adopted;
(2) Introduce the attached resolution making findings regarding proposed amendments to the
referenced codes;
(3) Call a public hearing for December 15, 2010 to consider adoption of the attached
ordinance and resolution; and
(4) Direct staff to publish notice of the proposed ordinance adoption in accordance with the
special requirements for adopting codes by reference.
REPORT SUMMARY:
The attached ordinance and resolution will amend California’s various uniform building codes as
needed to reflect conditions in Saratoga. The State periodically updates its building codes and with each
update the City updates its own code accordingly. The last update was in 2007. The modifications
proposed in the attached ordinance were developed by the Building Official in consultation with other
Building Officials in the area. The proposed modifications are consistent with those adopted by other
jurisdictions in the area. The proposed modifications to the Fire Code were developed by the Fire Marshal
and Fire Chief in consultation with other fire officials in the region. The proposed modifications are
consistent with those adopted by the Saratoga Fire Protection District, Santa Clara County, and some other
cities in the area. Other cities have adopted variations on the proposed modifications as discussed in the
staff report. The City must make findings regarding its modifications to the uniform codes and those
findings are included in the resolution that would be adopted concurrently with the code amendments.
The law regarding adoption of Uniform Codes requires that a public hearing be held at the time of
the second reading instead of introduction. Accordingly, the recommended actions above call for setting a
public hearing to be held at the meeting of December 15, 2010.
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BACKGROUND:
The construction of residential, commercial, and various other structures in California is regulated
by Title 24 of the California Code of Regulations, also known as the California Building Standards Code
(“CBSC”). The CSBC is enforced by local governments through the building permit process. All
construction in the State must comply with the CSBC unless the city or county in which the construction
occurs has adopted amendments to the CSBC. Amendments are allowed only to address local climatic,
geological, or topographical conditions based on specific findings. On January 1, 2011, the 2010 edition
of the Building Codes will go into effect in Saratoga and throughout the State. The attached ordinance
makes key provisions of the CSBC a part of the Saratoga Code and amends the CSBC as needed to reflect
local circumstances in Saratoga.
The CBSC is compiled and published by the California Building Standards Commission. The
CBSC compiles a number of specific codes. Health and Safety Code section 18938 requires cities to
enforce the CBSC Building Code, Plumbing Code, Fire Code, Mechanical Code, and Electrical Code even
where the local City Code has not been revised to reflect the requirements of those codes. To avoid
confusion, the Saratoga City Code adopts these portions of the CBSC by reference. In addition, the City of
Saratoga has traditionally adopted the CBSC Fire Code by reference. (The Building, Residential Building,
Plumbing, Mechanical, Electrical, Green Building Standards, and Fire Codes are referred to collectively in
this staff report as the “Building Codes.”)
A major new feature of the 2010 California Building Standards Code is the new Green Building
Standards Code. This is the first time that the CBSC has addressed “green” building requirements. The
new Green Building Standards Code, which is found in Part 11 of Title 24 of the California Code of
Regulations, establishes mandatory standards for residential and non-residential new construction that
address energy efficiency, water efficiency and conservation, material conservation and resource
efficiency, and environmental quality and pollution. As with other parts of the CSBC, these requirements
apply statewide.
In addition to the mandatory measures, the Green Building Standards Code also includes two
supplemental “tiers” CALGreen Tier 1 and CALGreen Tier 2. These establish more stringent
requirements in all of the above listed areas. These tiers are voluntary, unless a local government chooses
to make them as mandatory. In order to adopt either of these tiers, the local government must make
express findings and conduct studies demonstrating its reasons for doing so. As the tiers are new and
relatively complex and no qualifying studies have been commissioned for Saratoga, the ordinance attached
does not make the voluntary tiers mandatory.
The attached Ordinance also amends Article 16-72 of the Saratoga City Code. These amendments
are intended to: (1) increase the City’s construction and demolition debris recycling requirement to the
level required by 2010 CBSC Green Building Standards Code, and (2) streamline enforcement of the
provisions of Article 16-72.
The Building Official has reviewed the 2010 California Building Standards Code, and
recommends that:
1. The City adopt the 2010 California Building, Residential, Plumbing, Mechanical,
Green Building Standards, and Electrical codes by reference;
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3
2. The City adopt certain appendices to the California Building, Plumbing, and Fire
Codes (these take effect only if adopted by the City);
3. The City adopt various modifications to the 2010 California Building Standards
Code that are reasonably necessary because of local climatic, geological and
topographical conditions;
4. The City delete the “Repair and Reconstruction” Code adopted in 2007, as the
2010 California Building Standards Code provides for damaged structures to be
repaired or reconstructed to a structurally safe level, accounting for upgrades in
wind and seismic standards in accordance with various federal emergency
management standards and recommendations;
5. The City retain the “Excavation and Grading” Code adopted in 2007 based on the
grading and excavation provisions of the prior Building Code that are not
included in the 2010 Building Code (the 2010 Building Code provides only
general direction and is insufficient to ensure public safety given, among other
things, the seismic activity and steep slopes susceptible to erosion that
characterize the City). The Building Official recommends not adopting Appendix
J of the 2010 California Building Code. Instead, the Building Official
recommends retaining the provisions of appendix Chapter 33 of the 2001
California Building Code, and the modifications to that appendix adopted by the
City in 2007, in the “Excavation and Grading” Code. This would enable the City
to retain its current, and more protective, excavation and grading requirements;
and
6. The City adopt the 2010 California Fire Code by reference and make amendments
to the code recommended by the Fire Chief and Fire Marshal as being reasonably
necessary because of local climatic, geological and topographical conditions.
7. The City amend Article 16-72 as outlined in the Ordinance in order to meet the
minimum requirements concerning construction and demolition debris in the 2010
CBSC Green Building Standards Code.
The attached ordinance (Attachment 3) would implement these recommendations. The attached resolution
(Attachment 2) describes the modifications to the Building Codes that are proposed in the ordinance and
sets forth reasons why the amendments are reasonably necessary because of local climatic, geological, or
topographical conditions.
SUMMARY OF ORDINANCE AND RESOLUTION:
The attached ordinance amends Chapter 16 (“Building Regulations”) of the Saratoga City Code.
Section 1 of the ordinance explains that the State of California has adopted the Building Codes and
explains the process, consistent with the State’s statutory requirements, by which the City will adopt and
modify the Building Codes. Finally, Section 1 explains why the City intends to retain the “Excavation and
Grading” Code but delete the “Repair and Reconstruction” Code.
46190
4
Section 2 of the ordinance adopts and modifies the 2010 editions of the Building Codes. It deletes
the “Repair and Reconstruction” Code and specifies the modifications it makes to the 2010 Building
Codes. Section 2 also retains the “Excavation and Grading” Code. Finally, Section 2 amends Article 16-
72 relating to construction and demolition debris. Appendix A, attached to the ordinance, reflects all these
adoptions and modifications as they will appear in the Saratoga City Code.
The specific provisions adopted and modified by the ordinance are summarized below and in more
detail in the table presented as Attachment 1 to this Staff Report.
2010 California Building Code--The 2010 California Building Code and Appendix I are adopted and
modified in Article 16-15 of the Saratoga City Code. The modifications made to the 2010 California
Building Code in Article 16-15 (“Building Code”) are detailed in Part 1 of Attachment 1.
Repair and Reconstruction Code--The Repair and Reconstruction Code, found in Article 16-16 of the
Saratoga City Code, is deleted by this Ordinance. The Repair and Reconstruction Code is no longer
necessary, as the 2010 California Building Standards Code adequately provides for damaged structures to
be repaired or reconstructed to a structurally safe level, accounting for upgrades in wind and seismic
standards.
Excavation and Grading Code--The City’s Excavation and Grading Code is adopted in Article 16-17 of
the Saratoga City Code. As noted previously, the provisions of Article 16-17 will be identical to the
current provisions of the Saratoga City Code with the a few minor changes. The provisions of the
“Excavation and Grading” Code are outlined in Part 2 of Attachment 1.
2010 California Residential Building Code--The 2010 California Residential Building Code is adopted
and modified in Article 16-18 of the Saratoga City Code. The modifications made to the 2010 California
Residential Building Code in Article 16-18 (“Residential Building Code”) are detailed in Part 4 of
Attachment 1.
2010 California Fire Code--The 2010 California Fire Code and Appendices B, C, and J are adopted and
modified in Article 16-20 of the Saratoga City Code. The modifications made to the 2010 California Fire
Code in Article 16-20 (“Fire Code”) are detailed in Part 5 of Attachment 1.
2010 CA Plumbing Code--The 2010 California Plumbing Code and Appendices A, B, D, I, K and L are
adopted in Article 16-25 of the Saratoga City Code. No modifications are proposed to the Plumbing Code
or its appendices.
2010 CA Mechanical Code--The 2010 California Mechanical Code and all its appendices are adopted in
Article 16-30 of the Saratoga City Code. No modifications are proposed to the Mechanical Code or its
appendices.
2010 CA Electrical Code--The 2010 California Electrical Code is adopted in Article 16-35 of the Saratoga
City Code. The 2010 California Electrical Code replaces former Article 16-35 as the City’s Electrical
Code. No modifications are proposed to Electrical Code.
2010 CA Green Building Standards Code--The 2010 California Green Building Standards Code is
adopted in Article 16-49 of the Saratoga City Code. The 2010 California Green Building Standards Code
does not replace or preempt the green building requirements that are already a part of the municipal code
47191
5
of Article 16-47, but instead act as additional requirements to those already present in the code. No
modifications are proposed to the Green Building Standards Code.
SPECIAL NOTICE REQUIREMENTS
Because the ordinance would adopt the various codes by reference, section 50022.6 of the
Government Code requires that the title of the adopting ordinance, the titles of the codes that are adopted
by reference directly by the ordinance, and the titles of the codes that are adopted by reference indirectly by
the ordinance must be read during the introduction of the ordinance. (Gov. Code sec. 50022.3.) The titles
of the codes that are adopted by reference indirectly by the attached ordinance are as follows:
the 2010 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1
and 2, California Building Standards Commission, based upon the 2009 International Building
Code as published by the International Code Council);
the 2010 California Residential Building Code (California Code of Regulations, Title 24, Part 2.5,
California Building Standards Commission as published by the International Code Council);
the 2010 California Fire Code (California Code of Regulations, Title 24, Part 9, based on the 2009
International Fire Code as published by the International Code Council);
the 2010 California Plumbing Code (California Code of Regulations, Title 24, Part 5, based on the
2009 Uniform Plumbing Code as published by the International Code Council);
the 2010 California Mechanical Code (California Code of Regulations, Title 24, Part 4, based on
the 2009 Uniform Mechanical Code as published by the International Code Council);
the 2010 California Electrical Code (California Code of Regulations, Title 24, Part 3, based on the
2008 National Electrical Code as published by the International Code Council); and
the 2010 California Green Building Standards Code (California Code of Regulations, Title 24,
Part 11, California Building Standards Commission as published by the International Code
Council).
The City Council must also schedule a public hearing on the ordinance. Prior to holding the
hearing, a notice stating the hearing time and place must be published once a week for two successive
weeks in a newspaper of general circulation in or nearest to the City. The notice must state that copies of
the codes being considered for adoption are on file with the City Clerk and open to public inspection.
ALTERNATIVES
The Council could elect not to introduce the ordinance. This would leave the City’s building code
inconsistent with State law and inconsistent with the City’s enforcement obligations and would create
confusion for persons building in the City of Saratoga.
The Council could elect not to adopt the resolution. This would preclude the City from amending
the 2010 California Building Standards Code.
48192
6
The City Council may choose not to adopt the 2010 Fire Code. Pursuant to Government Code
Section 13869, the City may instead ratify ordinances passed by the Fire Districts (and transmitted to the
City) and send a copy of the City’s findings to the Department of Housing and Community Development.
This procedure would result in the adoption and modification of the Fire Code by Fire Districts. It will
continue to be the responsibility of the Fire Districts to enforce the Fire Code in the City.
Regardless of how the 2010 Fire Code is adopted, the City Council may also choose to modify the
fire sprinkler provisions in the Fire Code. As proposed, section 903.2 requires an automatic sprinkler
system to be installed throughout all existing buildings when modifications are made that increase the
gross floor area to more than 3,600 square feet. There is an exception for one-time additions to existing
buildings made after January 1, 2010 that do not exceed 1,000 square feet in building area.
FISCAL IMPACTS: No significant fiscal impacts.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. Notice for
ordinance adoption will include notices advertising the adopting of the Building Codes in the Saratoga
News on December 1 and December 8. A copy of the agenda packet is also made available at the Saratoga
Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda
on-line by opting in at www.saratoga.ca.us..
ATTACHMENTS:
Attachment 1 – Table summarizing effect of proposed ordinance
Attachment 2 – Resolution
Attachment 3 – Ordinance
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1
ATTACHMENT 1
PART 1: AMENDMENTS TO THE 2010 BUILDING CODE
This table summarizes proposed modifications to the 2010 Building Code. The first
column shows where in the attached ordinance (which will become the 2010 Saratoga
Building Code) the modification is adopted. The second column references the section of
the 2010 California Building Code that is modified. The third column explains the
modification that is made. Minor changes or changes in organization are not included in
the table. Additional explanation of the facts and circumstances requiring the change is
included in the Resolution describing the need for the findings; the Resolution is
Attachment 2 to this staff report.
2010 Saratoga
Building Code
Amended
Sections of
the 2010 CA
Building
Code
Explanation
16-15.010 Not
Applicable
Adopts the 2010 CA Building Code.
16-15.020 Not
Applicable
Specifies that all sections of Title 24 are enforceable
in the City of Saratoga, as modified by this
ordinance.
16-15.025 (a) 107.5 Amends the 2010 CA Building Code section
regarding retention of plans.
16.15-030(a) 105.5 Amends the 2010 CA Building Code section
regarding expiration of permits.
16.15-040(a) 109.2.1 Adds a new subsection to the 2010 CA Building
Code to make it clear the city can prescribe
reasonable fees to defray the cost of regulation.
Adds provisions for permit, investigation, plan
review, and other additional fees.
16.15-045(b) 1505.1.4.1 A new subsection has been added to the 2010 CA
Building Code to retain the Saratoga Code’s
provisions for roof coverings.
16.15-045(a) 1505.1.3 Amends the 2010 CA Building Code section
regarding roof coverings.
16-15.050(a) 707A.8 Amends the 2010 CA Building Code regarding
exterior covering.
16-15.055(a)710A.3.2 Deletes Section 710A.3.2 of the 2010 CA Building
50194
2
Code regarding accessory structures
16-15.055(b) 710A.4 Amends the 2010 CA Building Code regarding
accessory structures
16-15.060(a) 1613.8 A new Section 1613.8 is added to modify the
stability coefficient equation in evaluating P-delta
effects in the 2010 CA Building Code.
16-15.065(a) 1704.4 Amends the type of exceptions from requiring
special inspection for isolated spread concrete
footings of buildings three stories or less above
grade plane.
16-15.070(a) 1908.1.8 Amends Section 1908.1.8 that allows the use of
plain concrete in residential structures assigned to
seismic design category D, E, or F.
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3
PART 2: AMENDMENTS TO THE 2010 RESIDENTIAL BUILDING CODE
This table summarizes proposed modifications to the 2010 California Residential
Building Code. The first column shows where in the attached ordinance (which will
become the 2010 Saratoga Building Code) the modification is adopted. The second
column references the section of the 2010 California Residential Building Code that is
modified. The third column explains the modification that is made. Minor changes or
changes in organization are not included in the table. Additional explanation of the facts
and circumstances requiring the change is included in the Resolution describing the need
for the findings; the Resolution is Attachment 2 to this staff report.
2010 Saratoga
Building Code
Amended
Sections of
the 2010 CA
Building
Code
Explanation
16-18.010 Not
Applicable
Adopts the 2010 CA Building Code.
16-18.020 Not
Applicable
Specifies that all sections of Title 24 are enforceable
in the City of Saratoga, as modified by this
ordinance.
16-18.025(a) R313.1 Amends the 2010 CA Residential Building Codes
provisions for townhouse automatic fire sprinkler
systems
16-18.025(b) R313.2 Amends the 2010 CA Residential Building Codes
provisions for one and two family dwellings
automatic fire sprinkler systems
16-18.030(a) R327.7.9 Amends the 2010 CA Residential Building Code
regarding the underside of appendages
16-18.030(b) R327.10.3.2 Deletes Section R327.10.3.2 of the Residential
Building Code regarding accessory structures
16-18.030(c) R327.10.4 Amends the 2010 CA Residential Building Code
regarding accessory structures
16-18.035(a) R403.1.3 Amends the 2010 CA Residential Building Code
regarding plain concrete.
16-18.040(a) R602.10.2.1
and Table
R602.10.1.2(2)
Amends the 2010 CA Residential Building Code
regarding Seismic Design Categories D0, D1, and
D2
16-18.045(a) R902.1.4.1 A new subsection has been added to the 2010 CA
Residential Building Code to retain the Saratoga
52196
4
Code’s provisions for roof coverings.
16-18.045(b) R902.1.3 Amends the 2010 CA Residential Building Code to
regarding roof coverings.
53197
Part 3: 2010 “EXCAVATION AND GRADING” CODE
This table summarizes the new Excavation and Grading Code. The first column shows
where in the attached ordinance the modification is adopted. The second column
references the section of the former Building Code that forms the basis for the new
section or that has been modified. The third column briefly describes how the referenced
code section would operate and, where relevant, compares the new code section to
comparable provisions in the 2010 Building Code. Because all of the new provisions are
based on the Building Code that has been in effect since 2002, none of the requirements
will impose new standards on Saratoga projects.
2010
Saratoga
Grading
Code
Amended Sections of
Appendix Chapter
33 of the 2001 CA
Building Code
Explanation
16-17.010 3304 Notes that the purpose of the Excavation and
Grading Code is to safeguard life, limb, property
and the public welfare.
16-17.020 3305 Notes that this Article sets forth rules and
regulations to control excavation, grading and
earthwork construction. It also notes the
recognized standards from the 2010 CA Building
Code on which it is based.
16-17.030 3306 Requires permits for grading work and lists a
few exceptions.
16-17.040 3307 Allows the Building Official to require the repair
or eliminate hazardous excavations,
embankments or fills.
16-17.050 3308 Defines the terms used in this article.
16-17.060 3309 Sets standards and procedures for acquiring
grading permits.
16-17.070 3310
Table A-33-A
Notes that in general fees will be set in
accordance with this section or as set forth in the
fee schedule. Sets standards for plan checking,
grading permit and special fees.
16-17.080 3311 Requires permittees to post bonds.
16-17.090 3312 Sets general standards for cuts and slopes.
16-17.100 3313 Sets general standards for fills.
16-17.110 3314 Sets general standards for cutbacks.
16-17.120 3315 Sets general standards for drainage and terracing.
16-17.130 3316 Sets general provisions for slopes and other
54198
devices to control erosion.
16-17.040 3317 Sets standards and procedures for grading
inspections.
16-17.150 3318 Sets standards and procedures for completed
work, including final reports and notifications of
completion.
16-17.160 Retains provisions in the current Saratoga Code
for the construction of driveways.
16-17.170 Retains provisions in the current Saratoga Code
for stockpiling.
16-17.180 Retains the general provisions in the current
Saratoga Code for, among other things, the hours
grading is permitted, dust and dirt control and
special precautions that must be taken.
55199
PART 4: AMENDMENTS TO 2010 CALIFORNIA FIRE CODE
The following is a summary of the major modifications to the 2007 Fire Code proposed
by the Fire Chiefs Association based on materials provided by the Association.
Section 16-20.015 specifies that all sections of Title 24 are enforceable in the City
of Saratoga, as modified by this ordinance.
Section 16-20.025 amends Chapter 34 of the Fire Code; Class I and Class II
liquids relating to flammable and combustible liquids.
Section 16-20.030 amends Chapter 38 of the Fire Code relating to liquefied
petroleum gases.
Section 16-20.040 amends Chapter 35 of the Fire Code relating to Cryogenic
Fluids.
Section 16-20.050 amends Chapter 1, Division II of the Fire Code, in particular
relating to administration, fees, permits, inspections, and penalties.
Section 16-20.060 amends Chapter 3 of the Fire Code relating to general
precautions against fire.
Section 16-20.070 amends Chapter 4 of the Fire Code relating to emergency
planning and preparedness.
Section 16-20.080 amends Chapter 5 of the Fire Code relating to fire service
features.
Section 16-20.090 amends Chapter 6 of the Fire Code relating to building services
and systems.
Section 16-20.100 amends Chapter 8 of the Fire Code relating to interior finish,
decorative materials and furnishings.
Section 16-20.110 amends Chapter 9 of the Fire Code relating to fire protection
systems.
Section 16-20.120 amends Chapter 14 of the Fire Code relating to fire safety
during construction and demolition.
Section 16-20.130 amends Chapter 18 of the Fire Code relating to semiconductor
56200
fabrication facilities.
Section 16-20.140 amends Chapter 19 of the Fire Code relating to lumber yards
and wood working facilities.
Section 16-20.150 amends Chapter 27 of the Fire Code relating to hazardous
materials.
Section 16-20.160 amends Chapter 33 of the Fire Code relating to explosives and
fireworks.
Section 16-20.170 amends Chapter 34 of the Fire Code relating to flammable and
combustible liquids.
Section 16-20.180 amends Appendix Chapter 49 of the Fire Code relating to
requirements for wildland-urban interface fire areas.
57201
SARATOGA CITY COUNCIL
MEETING DATE: December 15, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Status of January 19, 2011 City Council Meeting
RECOMMENDED ACTION:
Cancel the January 19, 2011, City Council meeting to allow newly appointed Mayor, newly
elected and newly appointed Council Members to attend the League of California Cities
conference.
REPORT SUMMARY
Each year in conjunction with the reorganization of city councils, the League of California Cities
(LCC) invites newly appointed Mayors and newly elected Council Members to a New Mayors
and Council Members Academy (letter is attached). The LCC is the leading provider of
education and advocacy for the cities of the State of California.
This year the LCC conference will be held in Sacramento, California, January 19 – 21, 2011.
The following three council members have expressed an interest in attending this educational
conference: the newly appointed mayor, the newly elected councilmember, and the
councilmember that was appointed to the Council in June of 2010.
Staff recommends that the City Council consider cancelling the January 19, 2011 Council
meeting so that the three City Council members (noted above) can attend this conference.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The scheduled meeting of January 19, 2011 will remain on the Council Meeting calendar.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
202
If Council chooses to cancel the January 19, 2011 City Council meeting, the City Clerk will
update the 2011Council Meeting calendar reflecting the cancellation of said meeting and post an
agenda on the City website and kiosk noting the meeting has been cancelled.
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 – League of California Cities Letter
203
204