HomeMy WebLinkAbout11-07-2007 CC Packet
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, November 07, 2007
CLOSED SESSION – 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
CALL MEETING TO ORDER – 5:30 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference with Legal Counsel – Threatened Litigation: Significant exposure to
litigation pursuant to Government Code section 54956.9(b): (2 potential cases)
OPEN MEETING – 6:15 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE
Joint meeting with the Heritage Preservation Commission.
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
November 1, 2007)
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
Report from the Heritage Preservation Commission.
1
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
None
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.
1. City Council Minutes
Recommended action:
Approve City Council Minutes of October 3, 2007.
2. Review of Accounts Payable Check Registers
Recommended action:
That the City Council accepts the Check Registers for the following Accounts
Payable payment cycles:
October 10, 2007
October 17, 2007
October 24, 2007
3. Business License Tax Compliance Program Agreement
Recommended action:
Authorize the City Manager to execute a three year agreement with MuniServices
LLC to provide Tax Compliance Program services
4. FY 2007-2008 CDBG County/City Contract
Recommended action:
Adopt a Resolution authorizing the City Manager to execute a $328,710.77 contract
with Santa Clara County for the FY 2007-2008 CDBG Program.
5. Status Report on Reinstatement of Parks & Recreation Commission
Recommended action:
Accept report and direct staff accordingly.
2
6. Consideration of Establishment of Council Ad Hoc to Recommend Policies
Concerning Naming of City-owned Facilities
Recommended action:
Review report and direct staff accordingly
7. Consideration of Endorsement for U.S. Mayors Climate Protection Agreement
Recommended action:
Accept report and direct staff accordingly.
8. Renewal of Communications Site Lease Agreement with STC Five LLC, by Global
Signal Acquisitions II LLC (Sprint Spectrum L.P.)
Recommended action:
Accept report and adopt the resolution approving the Communications Site Lease
Agreement with STC Five LLC by Global Signal Acquisitions II LLC, at Congress
Springs Park.
9. Renewal of Lease Agreement with Friends of Saratoga Libraries for Use of the Book-
Go-Round Building
Recommended action:
Adopt a resolution authorizing the City Manager to enter into a lease agreement with
the Friends of the Saratoga Libraries for use of the Book-Go-Round Building.
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
10. Appeal of Variance and Design Review Application No. 07-233: 20640 Third Street,
which was approved by the Planning Commission allowing construction of a new
3,798 square foot commercial building.
Recommended action:
Deny the appeal, thus affirming the Planning Commission Variance and Design
Review Approval issued on September 26, 2007
11. Capital Improvement Plan (CIP) F.Y. 07/08 Update – Public Hearing and
Environmental Impact Assessment
Recommended action:
1. Receive report, conduct Public Hearing, and provide direction to staff.
2. Adopt attached Environmental Impact Assessment for new CIP projects
(Attachment 2).
3. Adopt Resolution amending the Fiscal Year 07/08 Budget reflecting Council
direction from
the September 5th and October 3rd City Council Meetings (Attachment 3)
4. Adopt final CIP Project list (Attachment 4).
3
OLD BUSINESS
12. Newsrack Encasement Design, and Fee Schedule Amendment to implement the
adopted Newsrack Ordinance
Recommended action:
Staff recommends the Council provide direction on the following:
• Newsrack Encasement Design.
• Amendment to the Fee Schedule to support the cost of the permit program,
enforcement, and maintenance of the encasements.
NEW BUSINESS
13. Continuation of Hearing re Notice of Intent to Record Notice of Violation
Recommended action:
Staff recommends that the City Council place the Notice of Intent to Record Notice of
Violation regarding a Parcel Map (Recorder’s No. 18995051 - Foster) on the regular
agenda and open the item for comment. After receiving comments (if any) on the
item, Staff recommends that the City Council continue the item to March 5, 2008.
14. Requirements for Tree Protection Security Deposit for Community Development
Projects
Recommended action:
Accept report and direct staff accordingly.
15. Approval of Banners for the Saratoga Village
Recommended action:
Accept report, approve the proposed design for Village Banners and direct staff to
work with the Saratoga-Monte Sereno Community Foundation and Saratoga Village
Development Council (SVDC) to purchase and install the banners.
16. Saratoga Village Parking Update
Recommended action:
Accept report and provide direction to staff regarding Saratoga Village parking.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Aileen Kao
Association of Bay Area Government
Hakone Foundation
West Valley Mayors and Managers Association
City School AdHoc
County HCD Policy Committee
Friends of the Saratoga Libraries AdHoc
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
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Vice Mayor Ann Waltonsmith
Hakone Foundation
Northern Central Flood Control Zone Advisory Board
KSAR
SASCC
Sister City Liaison
Council Finance Committee
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
Councilmember Chuck Page
Chamber of Commerce
Santa Clara County Cities Association-Joint Economic Development Policy Committee
(JEDPC)
West Valley Sanitation District
West Valley Solid Waste Joint Powers Association
Village AdHoc
Council Finance Committee
Friends of the Saratoga Libraries AdHoc
Councilmember Kathleen King
County Cities Association Legislative Task Force
Peninsula Division, League of California Cities
Santa Clara County Cities Association
Valley Transportation Authority PAC
City School AdHoc
Councilmember Jill Hunter
Historic Foundation
Library Joint Powers Association
Santa Clara County Emergency Council
Santa Clara County Valley Water Commission
Village AdHoc
CITY COUNCIL ITEMS
OTHER
CITY MANAGER’S REPORT
ADJOURNMENT
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)
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Certificate of Posting of Agenda:
I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council of the City of Saratoga was posted on November 1,
2007, of 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 1st day of November 2007at Saratoga, California.
Cathleen Boyer, CMC
City Clerk
Note to public:
Please provide the City Clerk with seven (7) copies of any written document that you
would like to submit to the City Council in order for it to become part of the public
record.
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2007
11/20 Regular Meeting – Joint Meeting with Sheriff’s Office and Fire Districts
11/21 Regular Meeting – Cancelled
12/4 Special Meeting – City Council Reorganization
12/5 Regular Meeting
12/19 Regular Meeting
6
SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the following City Council Meeting:
Regular Meeting – October 3, 2007
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes October 3, 2007
7
MINUTES
SARATOGA CITY COUNCIL
OCTOBER 3, 2007
The City Council held a Joint meeting at 6:00 p.m. with Montalvo Arts in the
Administrative Conference Room.
Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Jill Hunter, Kathleen King, Chuck Page,
Vice Mayor Ann Waltonsmith, Mayor Aileen Kao
ABSENT: None
ALSO
PRESENT:
Barbara Powell, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 3, 2007
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of October 3, 2007, was properly posted on September 28,
2007.
ORAL COMMUNICATIONS
The following person requested to speak at tonight’s meeting:
John Vanderlind stated that he has lived on Merrybrook Drive in Saratoga since 1974.
Mr. Vanderlind stated that he recently heard that Caltrans has been dumping dead
animals into an area that feeds into the Saratoga Creek.
COUNCIL DIRECTION TO STAFF
Barbara Powell, Assistant City Manager, explained that she recently met with various
agency representatives at the site of the dumping. Assistant City Manager Powell noted
that Caltrans intent to clean up all the animals that were dumped in the ravine and
perform erosion control. Assistant City Manager Powell stated that new information has
been released; the ravine feeds into a tributary that leads to Stevens Creek rather than
Saratoga Creek. Assistant City Manager Powell noted that all mitigation would be
completed prior to October 15th.
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City Council Minutes October 3, 2007
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Bob Sain noted that he is the Executive Director of Montalvo Arts. Mr. Sain highlighted
Montalvo Arts mission and future plans. Mr. Sain stated that they would soon host
visiting artists from Iraq. Mr. Sain also noted that Montalvo was listed on the National
Register of historic places. Mr. Sain noted the Montalvo would be hosting a free lunch
on October 10th to educate people about their programs and future plans.
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
Vice Mayor Waltonsmith stated that if anyone wanted to nominate someone to receive an
Asian Hero Award to contact Cathleen Boyer, City Clerk.
Councilmember Page announced that the Town of Los Gatos would be hosting a Town
Hall meeting on October 19, 2007 featuring Senator Abel Maldonado.
CEREMONIAL ITEMS
1. PROCLAMATION DECLARING THE WEEK OF OCTOBER 14-20, 2007 AS
“TEEN READ WEEK”
STAFF RECOMMENDATION:
Present proclamation.
Mayor Kao read the proclamation and presented it to Judy Wipking and Saratoga
Library teen volunteers.
2. APPOINTMENT OF HERITAGE PRESERVATION AND TRAFFIC SAFETY
COMMISSIONERS AND OATH OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing one member to the Heritage Preservation
Commission and one member to the Traffic Safety Commission and direct the City
Clerk to administer the Oath of Office.
RESOLUTION: 07-064
WALTONSMITH/PAGE MOVED TO ADOPT RESOLUTION APPOINTING
HONG TAI TO THE HERITAGE PRESERVATION COMMISSION AND
NANCY KIRK TO THE TRAFFIC SAFETY COMMISSION. MOTION
PASSED 5-0.
SPECIAL PRESENTATIONS
None
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City Council Minutes October 3, 2007
CONSENT CALENDAR
3. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS
STAFF RECOMMENDATION:
Accept the Accounts Payable Check Registers for the following payment cycles:
September 12 and 19, 2007
WALTONSMITH/PAGE MOVED TO ACCEPT THE ACCOUNTS PAYABLE
CHECK REGISTERS FOR THE FOLLOWING PAYMENT CYCLES:
SEPTEMBER 12 AND 19, 2007. MOTION PASSED 5-0.
4. TREASURER'S REPORT
STAFF RECOMMENDATION:
Accept the monthly Treasurer's Report
WALTONSMITH/PAGE MOVED TO ACCEPT THE MONTHLY
TREASURER'S REPORT. MOTION PASSED 5-0.
5. ESTABLISHING A TIME AND PLACE FOR REGULAR MEETING FOR
THE CITY COUNCIL FINANCE STANDING COMMITTEE
STAFF RECOMMENDATION:
Adopt the attached resolution establishing the time and place for regular meeting for
the City Council Standing Finance Committee.
RESOLUTION: 07-063
WALTONSMITH/PAGE MOVED TO ADOPT THE ATTACHED
RESOLUTION ESTABLISHING THE TIME AND PLACE FOR REGULAR
MEETING FOR THE CITY COUNCIL STANDING FINANCE
COMMITTEE. MOTION PASSED 5-0.
6. SIDE LETTER OF AGREEMENT BETWEEN THE SARATOGA
EMPLOYEES ASSOCIATION AND THE CITY OF SARATOGA ADOPTING
A NEW GRIEVANCE PROCEDURE
STAFF RECOMMENDATION:
Adopt the resolution approving the Side Letter of Agreement between the Saratoga
Employees Association (SEA) and the City of Saratoga Adopting a New Grievance
Procedure
RESOLUTION: 07-069
WALTONSMITH/PAGE MOVED TO ADOPT THE RESOLUTION
APPROVING THE SIDE LETTER OF AGREEMENT BETWEEN THE
SARATOGA EMPLOYEES ASSOCIATION (SEA) AND THE CITY OF
SARATOGA ADOPTING A NEW GRIEVANCE PROCEDURE. MOTION
PASSED 5-0.
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City Council Minutes October 3, 2007
7. ADOPTION OF THE NEWSRACK ORDINANCE
STAFF RECOMMENDATION:
Waive the second reading and adopt the Newsrack Ordinance.
ORDINANCE: 254
Councilmember King requested that this item be removed from the Consent Calendar.
Councilmember King pointed out that when reviewing the ordinance she did not read
any section discussing the fact that the ordinance would not take effect until the
polices and fees were set.
City Attorney Taylor responded that the clause was on page 59 under section
10-40.130 - Compliance Period.
KING/PAGE MOVED TO ADOPT NEWSRACK ORDINANCE. MOTION
PASSED 5-0.
8. 2006 PAVEMENT MANAGEMENT PROGRAM--NOTICE OF
COMPLETION
STAFF RECOMMENDATION:
Accept the 2006 Pavement Management Program as complete.
Councilmember King requested that this item be removed from the Consent Calendar.
Councilmember King asked Director Cherbone how much money has the City
received in grants for this project.
Director Cherbone responded that the City has received approximately $2 million this
year in grants.
KING/WALTONSMITH MOVED TO ACCEPT THE 2006 PAVEMENT
MANAGEMENT PROGRAM NOTICE OF COMPLETION. MOTION
PASSED 5-0.
9. OAK PLACE & HIGHWAY 9 PEDESTRIAN SAFETY IMPROVEMENTS
PROJECT--NOTICE OF COMPLETION
STAFF RECOMMENDATION:
Accept the Oak Place & Highway 9 Pedestrian Safety Improvements Project as
complete.
WALTONSMITH/PAGE MOVED TO ACCEPT THE OAK PLACE &
HIGHWAY 9 PEDESTRIAN SAFETY IMPROVEMENTS PROJECT
NOTICE OF COMPLETION. MOTION PASSED 5-0.
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City Council Minutes October 3, 2007
10. COMMUNITY DESIGN AND TRANSPORTATION (CDT) PROGRAM
CYCLE FY 08/09 APPLICATION FOR SARATOGA VILLAGE
PEDESTRIAN ENHANCEMENT PROJECT
STAFF RECOMMENDATION:
Adopt resolution supporting the Community Design and Transportation (CDT)
Program FY 08/09 Application for the Saratoga Village Pedestrian Enhancement
Project.
RESOLUTION: 07-065
Councilmember Page requested that this item be removed from the Consent Calendar.
Councilmember Page asked if it was the same contractor that has been dumping off
Saratoga-Sunnyvale Road.
Director Cherbone responded no.
PAGE/WALTONSMITH MOVED TO ADOPT RESOLUTION SUPPORTING
THE COMMUNITY DESIGN AND TRANSPORTATION (CDT) PROGRAM
FY 08/09 APPLICATION FOR THE SARATOGA VILLAGE PEDESTRIAN
ENHANCEMENT PROJECT. MOTION PASSED 5-0.
11. SARATOGA-SUNNYVALE ROAD REHABILITATION & OVERLAY
PHASE 2 PROJECT (FEDERAL PROJECT STPL-5332-010) – AWARD OF
CONSTRUCTION CONTRACT
STAFF RECOMMENDATION:
1. Declare G. Bortolotto & Co., Inc. of San Carlos to be the lowest responsible
bidder on the project.
2 Award a construction contract to G. Bortolotto & Co., Inc. in the amount of
$555,480.
3. Authorize staff to execute change orders to the contract up to $44,520.
WALTONSMITH/PAGE MOVED TO DECLARE G. BORTOLOTTO & CO.,
INC. OF SAN CARLOS TO BE THE LOWEST RESPONSIBLE BIDDER ON
THE PROJECT; AWARD A CONSTRUCTION CONTRACT TO G.
BORTOLOTTO & CO., INC. IN THE AMOUNT OF $555,480; AUTHORIZE
STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO
$44,520. MOTION PASSED 5-0.
12. WITHDRAWAL OF NOTICE OF NONRENEWAL OF LAND
CONSERVATION CONTRACT
STAFF RECOMMENDATION:
1. Withdraw the Notice of Nonrenewal of Land Conservation Contract.
2. Authorize the City Clerk to record attached Resolution Withdrawing the Notice of
Nonrenewal of Land Conservation Contract.
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City Council Minutes October 3, 2007
RESOLUTION: 07-062
City Attorney Taylor requested that this item be removed from the Consent Calendar.
City Attorney Taylor noted that the resolution was revised to amend the description
of the property.
WALTONSMITH/KING MOVED TO ADOPT AMENDED RESOLUTION TO
WITHDRAW THE NOTICE OF NONRENEWAL OF LAND
CONSERVATION CONTRACT; AUTHORIZE THE CITY CLERK TO
RECORD ATTACHED RESOLUTION WITHDRAWING THE NOTICE OF
NONRENEWAL OF LAND CONSERVATION CONTRACT. MOTION
PASSED 5-0.
PUBLIC HEARINGS
13. APPROVAL OF THE SARATOGA DE ANZA TRAIL CONCEPTUAL PLAN,
MITIGATED NEGATIVE DECLARATION, TRAIL NAME, AND PLAN
IMPLEMENTATION
STAFF RECOMMENDATION:
Adopt a resolution approving the Saratoga de Anza Trail Conceptual Plan, mitigated
negative declaration, trail name, and plan implementation.
RESOLUTION: 07-066
Mayor Kao recused herself because she lives within 500 feet of the project. Mayor
Kao stepped down from the dais and left the Council Chambers.
Richard Taylor, City Attorney, presented staff report.
Vice Mayor Waltonsmith opened the Public Hearing and invited public comments.
The following people requested to speak on this item:
Don Shipman thanked the Council for trying to make Saratoga safe for cyclists.
Bob Wallace noted that he supported the proposed trail.
Denise Goldberg noted that she supported the proposed trail.
Martha Hayden stated that the trail should be left undeveloped.
Sarah O’Hearn stated that the neighbors were not kept informed of the project until
they complained to the City. Ms. O’Hearn stated that she feels the trial should be left
as is. Ms. O’Hearn noted that she does not support any trees being removed.
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City Council Minutes October 3, 2007
Rita Witmer stated that she does not support the proposed trail. Ms. Witmer pointed
out that she felt that the letter the City sent out in regards to tonight’s meeting was
very ambiguous.
Jim Stallman noted that he supported the proposed trail.
Gary Brandenburg noted that he represented 150 homeowners in the Greenbriar
Home Owners Association. Mr. Brandenburg stated that the Association has taken
polls and the majority of homeowners support the trail.
Lori McPherson stated that the trail would run along the back of her house. Ms.
McPherson stated that she feels it is a ridiculous proposal and will bring down the
value of her house. Ms. McPherson noted that she is against the project.
Vice Mayor Waltonsmith closed the Public Hearing.
KING/HUNTER MOVED TO ADOPT A RESOLUTION APPROVING THE
SARATOGA DE ANZA TRAIL CONCEPTUAL PLAN, MITIGATED
NEGATIVE DECLARATION AND APPROVE TRAIL NAME AS JOE'S
TRAIL AT SARATOGA DE ANZA, AND PLAN IMPLEMENTATION.
MOTION PASSED 3-1 WITH PAGE OPPOSING.
14. CAPITAL IMPROVEMENT PLAN (CIP)
STAFF RECOMMENDATION:
1. Review CIP project priorities reflecting Council direction from the CIP Study
Session held on September 5th and provide direction to staff.
2. Open the Public Hearing for the F.Y. 07/08 CIP Update.
3. Continue Public Hearing to the November 7, 2007, City Council Meeting to allow
review by the Planning Commission for general plan conformance and
environmental approvals.
John Cherbone, Public Works Director, presented staff report.
Mayor Kao opened the Public Hearing and invited public comments.
Seeing none, Mayor Kao closed the Public Hearing.
Consensus of the City Council to allocate $22,000 from the Hakone Gardens Project,
to the North Campus Recreation Facility Matching Fund Program. The allocation will
provide the matching program with $40,000.
PAGE/WALTONSMITH MOVED TO CONTINUE THE CIP PUBLIC
HEARING TO NOVEMBER 7, 2007. MOTION PASSED 5-0.
OLD BUSINESS
15. COUNCIL DISCUSSION REGARDING WEST VALLEY SOLID WASTE
MANAGEMENT AUTHORITY BOARD CONSIDERATION OF HARD-TO-
SERVE RATES EFFECTIVE JULY 1, 2008
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City Council Minutes October 3, 2007
STAFF RECOMMENDATION:
Council Discussion Regarding West Valley Solid Waste Management Authority
Board Consideration of Hard-To-Serve Rates Effective July 1, 2008 and provide
feedback to the City’s Authority representative.
Councilmember Page presented a brief overview and history of the hard-to-serve
issues. Councilmember Page requested input in regards to eliminating the hard-to-
serve rate that applies to some residents in the City of Saratoga.
Don Schwartz noted that he attended the last JPA Board meeting. Mr. Schwartz
stated that he feels there should not be a hard-to-serve classification.
Bob Wallace noted that he was never informed that he would be classified hard-to-
serve until he received his first bill. Mr. Wallace noted that Green Valley never had a
problem with his street.
Vice Mayor Waltonsmith, Councilmember King and Councilmember Hunter all
supported the elimination of the hard-to-serve rate and allowing an increase across the
board.
Mayor Kao noted that she could not support eliminating the hard-to-serve rate
because there are different levels of service and those residents should pay for it.
Councilmember Page thanked his colleagues and noted that he would take their
comments back to the JPA Board at the November 1, 2007 meeting.
NEW BUSINESS
None
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kao reported the following information:
Hakone Foundation – on September 21, 2007a model of a Japanese teahouse was
presented to help inspire brainstorming. Received a donation of $47,000 from a Japanese
Corporation.
West Valley Mayors and Managers Association – shared emergency preparedness ideas.
Vice Mayor Waltonsmith reported the following information:
SASCC – passed their annual budget.
Councilmember Page reported the following information:
Friends of the Saratoga Libraries AdHoc – met on October 2, 2007 and discussed their
lease agreement and how to create a sinking fund.
Councilmember King reported the following information:
County Cities Association Legislative Task Force – attended the “First Act” presentation.
Would like to discuss how to incorporate some of the ideas into the Village.
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City Council Minutes October 3, 2007
City School AdHoc – Prospect High School has asked the City for help in designing their
new fields. AdHoc also met with Saratoga Little League and Saratoga Pony.
Councilmember Hunter reported the following information:
Historic Foundation – held a BBQ at the Museum and approximately 90 people attended.
Village AdHoc – received a donation of $4,500 from the Saratoga-Monte Sereno
Community Foundation for holiday banners in the Village.
CITY COUNCIL ITEMS
Councilmember King requested a presentation from the County of Santa Clara in regards
to their proposed trail from Guadalupe/237 to Saratoga.
Mayor Kao concurred with Councilmember King’s request.
Councilmember Hunter requested that the Village Holiday banners be agendized for
approval at the October 17, 2007 City Council meeting.
Mayor Kao concurred with Councilmember Hunter’s request.
OTHER
None
CITY MANAGER’S REPORT
None
ADJOURNMENT
WALTONSMITH/PAGE MOVED TO ADJOURN THE MEETING. MOTION
PASSED 5-0.
There being no further business Mayor Kao adjourned the regular meeting at 9:45 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
16
AGENDA ITEM:
CITY MANAGER: Dave Anderson
Karen Caselli DIRECTOR:Mary Furey
RECOMMENDED ACTION:
That the City Council accepts the Check Registers for the following Accounts Payable payment cycles:
October 10, 2007
October 17, 2007
October 24, 2007
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending
Check No.
10/10/07 106231 106276 46 $111,469.65 10/11/07 9/27/07 106178
10/17/07 106277 106329 53 $66,141.21 10/18/07 10/10/07 106276
10/24/07 106330 106395 66 $510,559.84 10/25/07 10/17/07 106329
Total $688,170.70
AP Date Check No. Issued to Dept.Amount
10/10/07 106247 CIP Activity $19,231.56
10/10/07 106269 Various $14,797.21
10/10/07 106273 Various $23,037.69
10/10/07 106276
Development
Services $19,895.41
10/17/07 106291
PW/CIP/
Comm Dev $10,881.14
10/24/07 106333
Internal
Service $53,790.78
10/24/07 106341
Community
Development $309,499.10
10/24/07 106352 Various $10,094.00
10/24/07 106354 CIP $24,097.00
Gachina Landscape
Management
Attorney/Legal Services -
Monthly Fees
Legal Services - Monthly
Fees
County of Santa Clara -
Office of the Sheriff General
Law Enforcement - Monthly
Services
Assoc. of Bay Area
Government Workers' Compensation
Workers' Compensation -
Quarterly Premium
Wittwer, Parkin, LLP
SARATOGA CITY COUNCIL
El Quito Area Curb
Replacement
Finance & Administrative Services
Accounts Payable
Accounts Payable
Accounts Payable
Checks
Released
2006 Concrete Repair
Concrete Repair Work
Water - Monthly Service
Various
Landscape Management-
Monthly Services
November 7, 2007
Total
Checks
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Saratoga NTMP/ Reid Lane/
St. Michael ChurchFehr & Peers
General/North Campus/
Sara-Snvl Curb Ramps
Various
Shute, Mihaly &
Weinberg
PREPARED BY:
General
Starting
Check
No.
SUBJECT: Review of Accounts Payable Check Registers.
Amount
Prior Check Register
Ending
Check No.
Purpose
MEETING DATE:
Date
George Bianchi
Construction
Sidewalk Annual Proj./
El Quito Curb
George Bianchi
Construction
San Jose Water
Company
Fund
Type of Checks
DEPARTMENT:
Various
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report17
AP Date Check No. Issued to Dept.Amount
10/24/07 106365 Public Works $11,213.95
10/24/07 106380 Various $34,482.82
The following is a list of Accounts Payable checks that were voided or manually issued:
Date Check No.Amount
10/9/07 106231 50.00
10/9/07 106232 1,800.00
10/17/07 105880 (11,213.95)
The following is a list of cash reduction by fund:
Fund #AP 10/10 AP 10/17 AP 10/24 Total
001 General 77,611.66 49,500.84 377,518.52 504,631.02
150 Streets & Roads 21.56 21.56
201 Manor Drive Landscape 160.00 160.00
202 Ferdericksburg Landscape 29.34 132.00 161.34
203 Greenbriar Landscape 351.23 220.00 571.23
204 Quito Lighting -
205 Azule Lighting -
206 Sarahills Lighting -
207 Village Lighting -
209 McCartysville Landscape 386.81 215.00 601.81
210 Tricia Woods Landscape 51.42 75.00 126.42
211 Arroyo de Saratoga Landscape 335.28 85.00 420.28
212 Leutar Court Landscape 61.07 85.00 146.07
215 Bonnet Way Landscape 126.14 127.00 253.14
216 Beauchamps Landscape 85.00 85.00
217 Sunland Park Landscape 340.00 340.00
222 Prides Crossing Landscape 242.94 450.00 692.94
224 Village Commercial Landscape -
225 Saratoga Legends Landscape 127.50 127.50
226 Bellgrove Landscape 560.00 4,403.80 1,985.00 6,948.80
227 Cunningham/Glasgow Landscape 177.10 145.00 322.10
228 Kerwin Ranch Landscape 340.00 340.00
229 Tollgate LLD 43.22 90.00 133.22
231 Horseshoe Landscape/Lighting 320.00 320.00
232 Gateway Landscape 205.25 500.54 245.00 950.79
233 Carnelian Glen 135.00 135.00
270 CDBG Administration -
271 Saratoga Housing & Rehab. Program -
320 4,109.75 190.25 4,300.00
352 Infrastructure -
400 Library Bond Debt Service -
501 Equipment Replacement ISF -
502 Information Technology -
503 Facility Improvement 3,270.04 1,617.51 5,857.45 10,745.00
Fund Description
Park Dev Capital Project
M.A.K. Associates,
Inc.Beauchamp
Install Play Equipment
(Reissue-See Void Ck105880
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund Purpose
Shute, Mihaly &
Weinberg
M.A.K. Associates, Inc.
Issued to
County of Santa Clara, Clerk
Recorder
County of Santa Clara, Clerk
Recorder
Various
(Continued)
Manual Check -Filing Fee - Acquisition of
21170 Big Basin Way
Manual Check - Filing Fee - Saratoga De Anza Trail
Voided Check- Lost in mail - Reissued 10/24/07-
Check #106365
Description
Attorney/Legal Services -
Monthly Fees
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report18
The following is a list of cash reduction by fund: (continued)
Fund #AP 10/10 AP 10/17 AP 10/24 Total
504 Facilities 359.61 2,563.95 4,907.43 7,830.99
505 Information Technology 539.95 373.90 10,313.50 11,227.35
506 Office Stores Fund 1,501.25 1,501.25
510 Liability/Risk Mgt -
511 Workers' Comp 53,790.78 53,790.78
701 Traffic Safety -
702 Highway 9 Safety -
703 Hakone ADA Improvements -
704 6,200.65 6,200.65
706 Sidewalk Annual Project 5,700.00 5,700.00
707 Aloha Street Safety Improvement -
708 -
716 Highway 9/Oak Pedestrain -
720 KSAR/CATV Agency Fund -
727 El Quito Area Curb Replacement 19,231.56 18,397.00 37,628.56
728 Book Go Round Drainage -
731 Storm Drain Upgrades -
732 Median Landscape/Irrigation -
734 Civic Center Landscape -
735 Village Lights (Zone 7A)-
736 Village Trees Lighting -
738 Cox Ave Railroad Crossing -
741 Blaney Plaza Improvements -
743 Blaney Plaza Improv./Cnstrc -
744 Village Sidewalk, Curb/Gutter -
746 Saratoga-Sunnyvale Gateway -
747 350.00 350.00
748 El Ca Grante/Monta Vista -
752 -
755 Warner Hutton House Improv.-
758 Civic Center - CDD Offices -
760 -
761 Fire Alarm-McWilliams/Book Go -
762 North Campus/19848 Prospect 2,020.00 6,212.32 8,232.32
766 Historical Park Fire Alarm -
780 Beauchamp Park Fund 11,213.95 11,213.95
790 UPRR/De Anza Trail 4,539.01 1,474.10 6,013.11
791 Kevin Moran 999.60 2,025.79 974.10 3,999.49
792 Alternative Soccer Field -
793 Parks/Trails Repair 1,698.23 1,698.23
795 250.80 250.80
111,469.65 66,141.21 510,559.84 688,170.70 - - - -
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
Annual Street Resurfacing
Saratoga Sunnyvale PH 2
Facility Projects
Sara-Sun ADA Curb Ramps
Trail Segment #3 Repair
Document Imaging Project
C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report19
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34
SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Business License Tax Compliance Program Agreement
RECOMMENDED ACTION:
Authorize the City Manager to execute a three year agreement with MuniServices, LLC to provide the
City of Saratoga with a Local License Tax Compliance Program for business license discovery and audit
services.
REPORT SUMMARY:
The City’s municipal code establishes the requirement for registration and licensing of businesses, and the
payment of annual license fees. The code further establishes that the definition of a business includes
retail, commercial or industrial enterprises, trade, profession, occupation, or any means of livelihood,
whether or not carried on for gain or profit, either on a continuous or occasional basis (with numerous
stated exemptions such as activities for religious and charitable purposes, banks, minors earning under
$4,000, franchised utilities, and others).
The City currently licenses approximately 2,100 businesses per year; however staff acknowledges the
probability exists that there are many unlicensed businesses operating within Saratoga. Staff recognizes it
is a best practice for business licensing and revenue compliance purposes to undertake audits on a regular
ongoing basis however, staffing levels severely limits business license tax audits within Finance and
Administrative Services’ operations.
As an alternative, staff is recommending utilizing the MuniServices LLC firm (formerly MBIA) which
has developed audit tools and resources to undertake local tax audit work. MuniServices provides
comprehensive financial audit services for various taxing function, and currently provides the City with
an ongoing Sales Tax review service. This overlap of local knowledge is expected to result in a more
thorough audit. MuniServices has more than 20 years of experience in assisting local governments in
collecting tax revenues, and understands the sensitivity required in approaching businesses under audit
circumstances.
The goal of MuniServices’ Business License Tax Compliance Program is to assist the City of Saratoga to
apply the code to all members of Saratoga’s business community equitably, so that all businesses are
registered and licensed as required, and comply with annual licensing fees.
MuniServices’ discovery services will:
• Establish a comprehensive inventory of the entities subject to taxation by City and facilitate a
comparative analysis with the City’s records of those entities that are properly registered;
35
• Compare MuniServices records with City records to identify potential non-reporting and non-
registered entities subject to taxation;
• For each unregistered or non-reporting entity identified and confirmed, assist the entity, as
necessary, to complete the City’s applicable registration form(s) and determine the amount of tax
due for current and prior periods (plus applicable interest and penalties, where appropriate);
• Invoice entity (including supporting documentation) on behalf of City for the amount of identified
deficiencies, with payment to be remitted to either the City or to MuniServices (tbd);
• Establish a call center open during normal business hours to assist entities regarding questions
concerning application of City’s taxes and entity’s reporting and remittance requirements;
Moreover, MuniServices will work in full and collaborative partnership with the City’s revenue staff to
supplement the operations and procedures currently in place. MuniServices works to inform local
businesses of accurate compliance with the Local Tax ordinance in a way that minimizes the burden of
follow up for the City. In addition, the business owner is educated on the requirement of the ordinance to
prevent future misapplication.
FISCAL IMPACTS:
The MuniServices LLC contract proposes a 47% contingency fee of the additional revenue received by
the City from their services, with a minimum deposit of ten thousand dollars required for the three year
contract. The 47% contingency fee shall apply to the current tax year, all eligible prior period revenues,
and any applicable penalties, interest, and late charges. The contingency fee only applies to revenue
actually received by the City, with MuniServices responsible for all costs incurred in the undertaking of
the license audit.
As the proposed audit identifies unknown businesses that have not paid their business license taxes, staff
is unable to develop a reasonable estimate of the amount of tax revenue that would be generated under the
proposal, or the 47% contingency fee associated with the audit. If significantly greater than currently
appropriated, a budget adjustment would be brought forward at a later date. The initial $10,000 fee
deposit for this three year service contract is appropriated in the FY 2007/08 Operating Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City will not undertake a business license audit in FY 2007/08, impacting ongoing revenues.
FOLLOW UP ACTION:
If approved, City Manager will execute contract.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – MuniServices’ proposed Consultant Services Agreement (MuniServices LLC’s attorney
is currently reviewing the City of Saratoga’s standard Consultant Services Agreement, which the City is
requesting be used instead, as is standard practice. The MuniServices LLC agreement is included for
reference.)
36
CONSULTANT SERVICES AGREEMENT
This Consultant Services Agreement (hereinafter "Agreement") is made as of ________________,
between MuniServices, LLC, a Delaware limited liability company with an office at 7335 N. Palm Bluffs
Ave, Fresno, CA 93711 (hereinafter "MuniServices"), and the City of Saratoga, a municipal corporation
of the State of California (hereinafter “City”).
1. SERVICES
Subject to the terms and conditions set forth herein, MuniServices shall provide to City those services set
forth in Addenda attached hereto in exchange for the fees set forth in the Addenda. Upon mutual
agreement, MuniServices and City may add services to be performed by MuniServices for City under this
Agreement by executing additional Addenda. Such additional Addenda shall contain, at a minimum, a
description of the services to be performed, the anticipated compensation for such services, and any
additional terms required to give effect to the request for services (collectively “Services”). Such
additional Addenda shall be signed by representatives of City and MuniServices having authority to so
bind the parties. MuniServices shall provide the Services in the manner specified in each applicable
Addendum. MuniServices shall not be required to perform, nor City be required to pay for, services not
contained in an applicable Addendum.
2. INDEPENDENT CONTRACTOR STATUS
MuniServices is an independent contractor, and not an employee of City, who will be engaged in
providing consulting services for City. Nothing in this Agreement shall be interpreted or construed as
creating or establishing the relationship of employer and employee between City and MuniServices or
between City and any employee or agent of MuniServices. Both parties acknowledge that MuniServices
is not an employee for state or federal tax purposes. MuniServices shall retain the right to perform
services for others during the term of this Agreement. Nothing in this Agreement shall be construed as
creating a partnership, joint venture, or designating MuniServices as an agent of City. MuniServices shall
have no authority to bind, contract, or obligate City, financially or otherwise. City shall not have any
right to control the means by which MuniServices performs the Services including the facilities used, the
employees, contractors, or agents assigned by MuniServices. MuniServices shall be responsible for any
subcontracts entered into in the course of performance of the Services for City and MuniServices shall be
solely responsible for payment to the subcontractors.
3. COMPENSATION
3.1 In consideration for the Services to be performed by MuniServices, City agrees to pay
MuniServices the rates set forth in each applicable Addendum.
3.2 MuniServices shall submit timely invoices for all services rendered in accordance with each
applicable Addendum. Payment will be made to MuniServices within thirty-days (30) of receipt
of MuniServices’ invoice therefore. Any amounts which remain unpaid after thirty-days (30)
shall accrue interest at the rate of one and one-half percent (1.5%) per month, or the maximum
amount permitted by law.
3.3 MuniServices shall be responsible for all costs and expenses incident to the performance of
Services for City, including but not limited to, all costs of equipment provided by MuniServices,
all fees, fines, licenses, bonds or taxes required of or imposed against MuniServices and all other
of MuniServices’ costs of doing business. City shall not be responsible for expenses incurred by
MuniServices in performing Services for City, except as noted in an applicable Addendum, or
such expenses that receive prior written approval from City.
____________ ________
CSA1-060507v2 1 MuniServices City
37
4. CONFIDENTIALITY
4.1 During the term of this Agreement, each party may have access to certain confidential
information of the other including such party's products, services, technical data, trade secrets,
inventions, processes, and constituent information. All such information shall be deemed
“Confidential Information” whether or not identified as such. Each party shall use the
Confidential Information of the other solely for performance of this Agreement, and all
Confidential Information shall remain the sole property of the respective parties. With regard to
Confidential Information, each party shall use the same care as it uses to maintain the
confidentiality of its own confidential information, which shall be no less than reasonable care,
and shall not make disclosure of the Confidential Information to any third party without the
written consent of the Disclosing Party, except to employees, consultants or agents to whom
disclosure is necessary to the performance of this Agreement and who are bound by a duty of
confidentiality. Information shall not be deemed confidential if it (a) is rightfully known to the
receiving party prior to receipt from the disclosing party as reasonably evidenced by such party;
(b) becomes known to the receiving party from a source other than one who is under an
obligation of confidentiality to the disclosing party; or (c) becomes publicly known or otherwise
ceases to be confidential other than by an unauthorized act. At all times, in accordance with
Graham-Leach Bliley and other applicable State and Federal regulations, taxpayer information
containing Personally Identifiable Information, as defined in applicable regulations, shall be held
in the strictest confidence by MuniServices.
4.2 If a subpoena or other legal process in any way concerning Confidential Information is served
upon a party to which Confidential Information has been disclosed ("Recipient"), the Recipient
shall promptly notify the Disclosing Party and shall cooperate with the Disclosing Party, at the
latter’s expense, in any lawful effort to contest the validity of such subpoena or other legal
process.
4.3 The parties agree that a breach of the terms of Section 4.1 or 4.2 would result in irreparable
injury to the non-breaching party for which a remedy in damages would be inadequate. The
parties agree that in the event of such breach or threatened breach, the non-breaching party shall
be entitled to, in addition to any other remedies available at law or in equity, seek an injunction
to prevent the breach or threatened breach.
4.4 The obligation of confidentiality as set forth in Section 4.1 shall continue for a period of three-
years (3) from the date of disclosure of the information, provided, however, that for any
information which constitutes a Trade Secret (as defined by applicable law), the obligation of
confidentiality shall continue during the entire term of this Agreement and shall survive the
termination of this Agreement indefinitely. This obligation of confidentiality shall not extend to
any information required to be disclosed pursuant to the California Public Records Act, the
United States Freedom Of Information Act, or other public disclosure acts of the United States
or a state or territory thereof.
5. TERM AND TERMINATION
5.1 Term. This Agreement shall be effective as of the date of the last signature hereto and shall
continue in full force and effect for a period of three-years (3). Thereafter, this Agreement shall
automatically renew for successive three-year (3) periods. Notwithstanding this section (5.1), if
the term set forth in any Addendum attached to this Agreement differs from the term of this
Agreement, the term of the Addendum is governed by the language in the Addendum. If any
Addendum attached to this Agreement is silent about the term of the Addendum then the
provisions of this section (5.1) govern the term of the Addendum.
____________ ________
CSA1-060507v2 2 MuniServices City
38
5.2 Termination of Agreement. Unless terminated as per section 5.4 below, this Agreement may only
be terminated upon the expiration of a three-year term. If either party desires to terminate this
Agreement upon the expiration of a three-year term, the terminating party shall provide notice to
the other party of its intent not to renew no less than sixty-days (60) prior to the renewal date.
5.3 Termination of Addenda. Any Addendum attached to this Agreement may be terminated as
follows:
a. If the Addendum sets forth a method for terminating the Addendum¸ that Addendum may
only be terminated according to that method; or
b. If the Addendum is silent about the method for terminating the Addendum, that
Addendum may be terminated by either party at any time and for any reason or no reason
effective on no less than sixty-days (60) days notice; or
c. As per section 5.4 below.
5.4 Event of Default. Any of the following shall constitute an event of default (“Event of Default”)
under this Agreement or any applicable Addendum: (a) City fails to pay any amount when due
hereunder (after ten-days (10) prior written notice of such failure to pay), or (b) a material breach
by either party of this Agreement or applicable Addendum. If an Event of Default occurs, the
non-breaching party shall notify the breaching party of the Event of Default and provide the
breaching party thirty-days (30) to cure (except in the case of non-payment for which the cure
period shall be ten (10) days) or such amount of time as is reasonable given the circumstances. If
the breaching party fails to effect cure within the time allowed, then the non-breaching party may,
at its option, terminate this Agreement or applicable Addendum effective immediately upon
notice.
5.5 Effect of Termination. Notwithstanding non-renewal or termination of this Agreement or any
attached Addendum pursuant to Sections 5.1, 5.2, 5.3 or 5.4 above, City shall be obligated to pay
MuniServices for services performed through the effective date of termination for which
MuniServices has not been previously paid. In addition, because the services performed by
MuniServices prior to termination or non-renewal of this Agreement or attached Addendum may
result in City’s receipt of revenue after termination which are subject to MuniServices’ fee in
accordance with each applicable Addendum, City shall remain obligated after termination or non-
renewal to provide to MuniServices such information as is necessary for MuniServices to
calculate the compensation due as a result of this receipt of revenue by City and City shall remain
obligated to pay MuniServices’ invoices therefore in accordance with the terms of this
Agreement.
6. EQUAL EMPLOYMENT OPPORTUNITY
During performance of this Agreement, MuniServices, for itself, its assignees and successors in interest,
agrees as follows:
6.1 Compliance With Regulations: MuniServices shall comply with Executive Order 11246, "Equal
Employment Opportunity” and labor regulations (41 C.F.R. Part 60), hereinafter referred to as the
"Regulations."
6.2 Nondiscrimination: MuniServices, with regard to any work performed pursuant to this
Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, or
veteran status in the selection and retention of employees, subcontractors, the procurements of
materials or leases of equipment.
6.3 Solicitation for Subcontractor, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiations made by MuniServices for work to be
____________ ________
CSA1-060507v2 3 MuniServices City
39
performed under any subcontract, including procurements of materials or equipment, such
potential subcontractor or supplier shall be notified by MuniServices of MuniServices' obligation
under this Agreement and the Regulations relative to nondiscrimination on the ground of race,
color, religion, sex, national origin, or veteran status.
6.4 Information and Reports: MuniServices shall provide all information and reports required by the
Regulations, or orders and instructions issued pursuant thereto, and will permit access to its
books, records, accounts, other sources of information and its facilities as may be determined by
City to be pertinent to ascertain compliance with such Regulations, orders and instructions.
Where any information required of MuniServices is in the exclusive possession of another who
fails or refuses to furnish this information, MuniServices shall so certify to City and shall set forth
what efforts it has made to obtain the information.
6.5 Incorporation of Provisions: MuniServices shall include the provisions of paragraphs 6.1 through
6.4 in every subcontract issued pursuant to this Agreement. MuniServices shall take such action
with respect to any Regulations, order or instructions issued pursuant thereto. MuniServices shall
take such action with respect to any subcontract or procurement as City may direct as a means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in the
event MuniServices becomes involved in, or is threatened with, litigation with a subcontractor or
supplier as a result of such direction, MuniServices may request City to enter such litigation to
protect the interests of City.
7. WARRANTIES, REPRESENTATIONS AND INDEMNIFICATION
7.1 By MuniServices. MuniServices represents that all Services shall be performed by persons with
the skills and abilities necessary and consistent with the standards of professionalism prevalent
in the industry. The Services and deliverables shall be provided free and clear of the proprietary
claims of third parties. All Services shall be provided in accordance with applicable state and
federal regulations, including, without limitation, the Fair Credit Reporting Act, the Fair Debt
Collection Practices Act, and applicable state regulations.
Subsection 7.1 is the full and complete warranty statement of MuniServices
under this Agreement.
7.2 By CITY. City represents that the information provided to MuniServices in the performance of
Services by MuniServices hereunder shall be provided free and clear of the claims of third
parties. City represents that City has the right to provide said information to MuniServices and
that said information shall not be obscene, defamatory, or otherwise expose MuniServices to
liability to third parties. City represents that it shall use reasonable and diligent efforts in the
collection of moneys identified by MuniServices. City represents that in the event City elects
not to proceed with diligent efforts in collection, that City shall remain liable to MuniServices in
accordance with applicable Addendum as if City had proceeded with diligent efforts in
collection.
7.3 Indemnification. The parties hereto agree to defend, indemnify, and hold harmless the other, its
directors, officers, employees and affiliates, from any and all claims, suits, demands, losses,
damages, liabilities, costs and expenses, including reasonable attorney’s fees (collectively
“Losses”) arising from or related to a claim of injury to person or property or death arising from
or caused by the negligent acts or omissions of employees, agents, or representatives of the
indemnifying party which acts or omissions arise from the indemnifying party’s performance (or
non-performance) under this Agreement. City shall defend, indemnify, and hold MuniServices
harmless from any Losses arising from or related to a claim that information provided by City to
MuniServices contains any false, misleading, or defamatory information regarding a third party.
____________ ________
CSA1-060507v2 4 MuniServices City
40
MuniServices shall defend, indemnify, and hold City harmless from any claim that
MuniServices negligently or intentionally falsified any information provided to City pursuant to
this Agreement.
7.4 LIMITATION OF LIABILITY. To the maximum extent permitted by law, in no event
shall MuniServices, its employees, contractors or agents be liable for any indirect,
incidental, special, punitive or consequential damages, lost data or cost of procurement of
substitute goods or services arising from or related to the services whether for, among
other things, breach of warranty or any obligation arising therefrom, and whether liability
is asserted in contract or tort (including but not limited to negligence and strict product
liability) whether or not MuniServices has been advised of the possibility of any such
loss or damage. MuniServices’ liability hereunder shall in no event exceed an amount
equal to the fees paid by city for the affected service to which the claim pertains. The
foregoing sets forth City’s exclusive remedy for claims arising from or out of this
Agreement. The provisions of this section allocate the risks between MuniServices and
City and MuniServices’ pricing reflects the allocation of risk and limitation of liability
specified herein.
8. GENERAL PROVISIONS
8.1 Personnel. At any time, City may request removal or replacement of personnel assigned by
MuniServices and MuniServices shall promptly replace such personnel. The time for any
deliverables required or any increase in costs shall be adjusted to reflect any adverse impact
resulting from the change in personnel.
8.2 Gratuities, Gifts, Conflict of Interest. MuniServices shall, at all times, comply with any City
policies regarding gifts, gratuities, or conflicts of interest. At no time shall MuniServices, an
employee, agent, director, or contractor offer or accept any gift or gratuity from a third party
who may be subject to findings resulting from Services, to or from any City official, employee,
contractor, or agent, or from any other party where such gift or gratuity could be construed as a
conflict of interest. MuniServices, its officers, directors, employees, agents, and contractors
shall avoid all conflicts of interest, financial or otherwise, or the appearance thereof, in the
performance of this Agreement or the applicable Services.
8.3 Dispute Resolution. Any dispute relating to this Agreement shall be submitted for binding
arbitration under the Commercial Arbitration Rules of the American Arbitration Association and
judgment on any award entered therein may be entered in any court of competent jurisdiction.
The arbitrator’s decision shall be final and binding on the parties. Such arbitration shall be held
in the State of California. In all cases, the prevailing party to such dispute shall be entitled to
recover costs and expenses, including reasonable attorney’s fees, as the arbitrator deems
appropriate.
8.4 Ownership of Work Product. MuniServices shall retain all right, title, and interest in and to the
processes, procedures, models, inventions, software, ideas, know-how, and any and all other
patentable or copyrightable material used, developed, or reduced to practice in the performance
of this Agreement. Upon payment therefore, City shall be granted all right, title, and interest in
and to the reports, charts, graphs, and other deliverables produced by MuniServices in the
performance of this Agreement.
8.5 Assignment. Neither Party may assign this Agreement or any of its rights or obligations
hereunder without the prior written consent of the other Party, which consent shall not be
unreasonably withheld. Any assignment without such prior written consent shall be void.
____________ ________
CSA1-060507v2 5 MuniServices City
41
Notwithstanding the foregoing, the Parties hereto may assign all or part of this Agreement
immediately, without the prior written consent of the non-assigning Party (a) to any successor in
interest to the assigning Party who expressly assumes responsibility for the assigning Party’s
obligations hereunder; or (b) if necessary to satisfy the rules, regulations and/or orders of any
federal or state governmental agency or body. Any violation of the provisions of this Section
shall render this Agreement voidable at the option of the non-assigning Party.
8.6 Insurance.
a. Public Liability. During the term of this Agreement, MuniServices shall maintain in full
force and effect a policy of public liability insurance with minimum coverage's in accordance
with the requirements provided by City to MuniServices. MuniServices shall cause City, its
officials and employees to be named on all liability policies described above as insured as
respects activities undertaken pursuant to the parties’ respective obligations pursuant to this
Agreement.
b. Workers’ Compensation. During the term of this Agreement, MuniServices shall fully
comply with the terms of the law of California concerning workers’ compensation. Said
compliance shall include, but not be limited to, maintaining in full force and effect one or
more policies of insurance insuring against any liability MuniServices may have for workers’
compensation.
8.7 Severability. In the event that any portion of this Agreement is held to be unenforceable, the
unenforceable portion shall be construed as nearly as possible to reflect the original intent of the
parties and the remainder of the provisions shall remain in full force and effect.
8.8 Waiver. Either Party’s failure to insist upon strict performance of any provision of this
Agreement shall not be construed as a waiver of that or any other of its rights hereunder at any
later date or time.
8.9 Force Majeure. Neither party shall be liable for failing to perform its obligations hereunder
(other than payment obligations) where delayed or hindered by war, riots, embargoes, strikes or
acts of its vendors or suppliers, accidents, acts of God, or any other event beyond its reasonable
control.
8.10 Notices. All notices, including notices of address changes, provided hereunder shall be deemed
received on the third day after mailing if sent by mail, or immediately if sent by facsimile.
Notices shall be sent to the following:
If to MuniServices: If to City:
MuniServices, LLC City of Saratoga
7335 N. Palm Bluffs Ave. 13777 Fruitvale
Fresno, CA 93711 Saratoga, CA 95070
Attn: Legal Department Attn: Mary Furey, Admin Services Dir.
Email: legal@muniservices.com Email: mfurey@saratoga.ca.us
8.11 Copies. This Agreement May Be Executed In Separate Counterparts Including Facsimile
Copies, Each Of Which Shall Be Deemed An Original, And All Of Which Shall Be Deemed
One And The Same Instrument And Legally Binding Upon The Parties.
8.12 Entire Agreement. This Agreement, including the Addenda attached hereto and made part
hereof, constitutes the entire Agreement between MuniServices and City with respect to the
Services provided. This Agreement supercedes and replaces any and all prior agreements, of
whatever kind or nature, with respect to the Services provided hereunder and with respect to any
____________ ________
CSA1-060507v2 6 MuniServices City
42
Addendum to be added hereto at a later date. Any prior agreements, discussions, or
representations not expressly set forth herein are of no force or effect.
8.13 No Oral Modification. No modification of this Agreement shall be effective unless set forth in
writing and executed with the same formality as this Agreement. No waiver of the requirements
of this Section shall be effective unless in writing and signed by the CEO for MuniServices.
8.14 Construction. This Agreement shall be construed in accordance with the laws of the State of
California without regard to its conflict of laws principals.
8.15 Headings. The section headings herein are for convenience and reference purposes only and
shall not serve as a basis for construction or interpretation.
8.16 Order of Precedence. In the event of any conflict between the terms of this Agreement and the
terms of any Addenda, the terms of this Agreement shall prevail. No additional terms, PO
Terms and Conditions, or oral or written representations of any kind shall be of any force and
effect unless in writing and executed with the same formality as this Agreement.
8.17 Partial Payment. No receipt by MuniServices of an amount less than City’s full amount due will
be deemed to be other than payment “on account”, nor will any endorsement or statement on any
check or any accompanying letter effect or evidence an accord and satisfaction. MuniServices
may accept such check or partial payment without prejudice to MuniServices’ right to recover
the balance or pursue any right of MuniServices.
Remainder of page intentionally left blank.
____________ ________
CSA1-060507v2 7 MuniServices City
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CSA1-060507v2 8 MuniServices City
The Parties are signing this Agreement as stated in the introductory clause.
MuniServices, LLC City of Saratoga
a municipal corporation
By: _____________________________ By: __________________________
Marc Herman
Title: President and CEO Title: ________________________
ATTEST:
By: _____________________________ _____________________________
Kevin Cerutti City Clerk
Title: Chief Financial Officer
APPROVED AS TO FORM: APPROVED AS TO FORM:
________________________________ _____________________________
Eric Myers, General Counsel City Attorney
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LTC2-030807v1 1 MuniServices City
LOCAL TAX COMPLIANCE ADDENDUM
PURPOSE & SCOPE
MuniServices’s Local Tax Compliance (“LTC”) service assists the City of Saratoga (“City”) to realize
revenue to which they are entitled but may not be receiving from their local tax registry. MuniServices
provides detection, documentation and correction of errors and omissions causing deficiencies thereby
producing new revenue that would not otherwise have been realized by the City. Moreover, our team
works in full and collaborative partnership with City revenue staff to supplement the operations and
procedures currently in place.
LTC works to inform local businesses of accurate compliance with the Local Tax ordinance in a way that
minimizes the burden of follow up for the City. In addition, the business owner is educated on the
requirement of the ordinance to prevent future misapplication.
LTC Services include the following procedures:
SERVICE PROCEDURES
MuniServices’s LTC program is conducted as follows:
Meet with City staff to review service objectives and scope, procedures, entity relations and
logistical matters; establish an appropriate liaison with City management and staff and logical
checkpoints for measuring progress;
Discovery Services
Discovery Services are designed to identify entities subject to taxation by City which are not properly
registered with City or otherwise not reporting taxes to City. In performing the Discovery Services,
MuniServices shall:
Establish a comprehensive inventory of the entities subject to taxation by City and the database
elements needed to facilitate a comparative analysis with City’s records of those entities that are
properly registered;
Compare MuniServices records with City records to identify potential non-reporting and non-
registered entities subject to taxation;
For each unregistered or non-reporting entity identified and confirmed, assist the entity, as
necessary, to complete City’s applicable registration form(s) and determine the amount of tax due
for current and prior periods (plus applicable interest and penalties, where appropriate);
Invoice entity (including supporting documentation) on behalf of City for the amount of
identified deficiencies, with payment to be remitted to City or to MuniServices;
Establish a call center open during normal business hours to assist entities regarding questions
concerning application of City’s taxes and entity’s reporting and remittance requirements;
Educate entity regarding City’s reporting requirements to prevent recurring deficiencies in future
years.
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LTC2-030807v1 2 MuniServices City
Audit Services
Audit Services are designed to identify entities subject to taxation by City which are not properly
reporting the full amount of tax to which they are subject. Audit Services identify entities who are
potentially underreporting applicable taxes and MuniServices reviews the entity’s records to ensure
compliance with City’s taxes. In performing the Audit Services, MuniServices shall:
Establish a comprehensive inventory of the registered entities subject to taxation by City and the
database elements needed to facilitate an analysis of each entity’s current and prior years tax
remittance records;
Compare MuniServices records with City records to identify potential under-reporting entities
subject to taxation;
Meet with designated City staff to review and discuss potential audit candidates and mutually
agree which entities will be subject to review;
For potential under-reporting entities identified, obtain authorization from City to conduct a
review of the entities’ records and determine the amount of tax due for current and prior periods
(plus applicable interest and penalties, where appropriate);
Submit audit summaries (also referred to as “Deficiency Notice”) to City to permit City to
determine the amount of a deficiency owed, if any;
Invoice entity (including supporting documentation) on behalf of City for the amount of
identified deficiencies, with payment to be remitted to City or to MuniServices;
Educate entity regarding City’s reporting requirements to prevent recurring deficiencies in future
years;
TIMING
MuniServices shall commence project planning within 10 working days following authorization.
COMPENSATION
Discovery Services
MuniServices’ Compensation for providing Discovery Services shall be a contingency fee of 47% of the
additional revenue received by City from the service with a minimum fee of $10,000. The 47% shall
apply to the current tax year, all eligible prior period revenues, and any applicable penalties, interest, and
late charges. The contingency fee only applies to revenue actually received by City. The term “current tax
year” shall mean the most recent tax year for which business license taxes are due and payable to City,
and in which MuniServices has identified deficiencies. The contingency fee shall not apply until such
time as the contingency fee, calculated based on actual revenue received by City, equals the minimum
fee, and City shall only be responsible for that increment of the contingency fee in excess of the minimum
fee. City agrees to use reasonable and diligent efforts to collect deficiencies identified by MuniServices.
MuniServices will invoice the City the minimum fee within 30 days after the date of the last signature of
this Agreement. MuniServices will invoice City at least quarterly for the contingency fee in excess of the
minimum fee.
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LTC2-030807v1 3 MuniServices City
Audit Services
MuniServices compensation for providing the Audit service shall be a contingency fee of 47% of
additional revenue generated by the service. The 47% contingency fee will apply to revenue received by
City as a result of deficiencies identified in the review and shall include any eligible prior period revenues
together with all applicable penalties, interest and late charges. City agrees to use reasonable and diligent
efforts to collect deficiencies identified by MuniServices. MuniServices shall invoice City quarterly
based on revenue received by City from identified deficiency amounts.
Additional Consulting
City may request that MuniServices provide additional consulting services at any time during term of the
Agreement to which this Addendum is attached. If MuniServices and City agree on the scope of the
additional consulting services requested, then MuniServices shall provide the additional consulting
services on a Time and Materials basis. Depending on the personnel assigned to perform the work,
MuniServices’s standard hourly rates range from $75 per hour to $300 per hour.
These additional consulting services will be invoiced at least monthly based on actual time and expenses
incurred.
CITY RIGHTS & OBLIGATIONS
City agrees to:
Provide an electronic copy of City’s License Registration File and License Payment History file
to MuniServices, together with any other information necessary for MuniServices to compute
MuniServices’s billing for services, in electronic format, to MuniServices on no less than a
quarterly basis during the term of the Agreement and thereafter for so long as MuniServices’s
right to invoice for services rendered continues;
Use reasonable and diligent efforts to collect, or to assist MuniServices in the collection of,
deficiencies identified by MuniServices pursuant to this Agreement;
Notify MuniServices within 10 days following receipt by City of payments resulting from
deficiencies identified by MuniServices;
Because MuniServices’s LTC Service may result in collection of deficiencies after termination of the
Agreement, City’s obligation to collect fees and notify MuniServices, and MuniServices’s right to
continue to receive contingency fees, shall survive termination of this Addendum or the Agreement for
any reason.
City shall have the right, at City’s option, to elect not to proceed with recovery of any identified
deficiencies. Deficiencies which are uncollectible due to insolvency or dissolution of the entity liable, or
for deficiencies which are otherwise incapable of collection (e.g. statute of limitations expiration or other
legal defense) shall not be considered an “election” by the City for the purposes of this Agreement. For
deficiencies otherwise collectable but for which City elects not to collect, City shall notify MuniServices
of its election not to pursue (“waive”) collection of said deficiencies. MuniServices shall be entitled to
one-half (½) of the fee MuniServices would have been entitled to for the waived portion of the deficiency.
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LTC2-030807v1 4 MuniServices City
The Parties are signing this Addendum on the dates below their respective signatures.
MuniServices, LLC City of Saratoga
A Municipal Corporation
By: ___________________________ By:________________________
Marc Herman
Title: President and CEO Title:_______________________
Date: _________________________ Date:_______________________
ATTEST:
By: ___________________________ __________________________
Kevin Cerutti City Clerk
Title: Chief Financial Officer
Date: _________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
______________________________ __________________________
Eric Myers, General Counsel City Attorney
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Status Report on Reinstatement of Parks & Recreation Commission
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
BACKGROUND
Pursuant to Resolution 05-032, adopted May 18, 2005, the Parks and Recreation Commission (PRC) was
suspended until September 1, 2006. In addition, each of the Commissioners terms was extended one year.
Subsequently, on March 15, 2006, the City Council adopted Resolution 06-020, continuing the
suspension of the PRC through September 1, 2007.
At its March 2, 2007 Retreat, the City Council voted to restore the PRC and to retain a separate
Pedestrian, Equestrian and Bicycle Trails Committee. The Council also supported the addition of an
Analyst position to staff the PRC (and to provide community outreach and public/media relations).
At the Council’s May 16, 2007 meeting, the Council voted to formally reinstate the PRC. The Council
also determined the PRC would have five members. Since this action changed the number of PRC
members from seven to five, it has been memorialized through a Minute Order signed by the City Clerk
and retained in the City Clerk’s Office. The Council also determined the PRC would meet six times per
year and that two Commissioners with outstanding terms would be eligible to fulfill the remainder of their
terms, if they so desire. The Council also directed the Commission, as a first priority, to seek input on the
“Saratoga Parks Preservation and Field Use Policy Initiative” and to return to Council with a report on
primary issues related to the Imitative.
NEXT STEPS
The City Manager’s Office has recently completed the recruitment process for a new Administrative
Analyst II position and has hired Crystal Morrow, who will begin work on Monday, November 5, 2007.
Among her initial priorities, Ms. Morrow will:
Contact the two PRC Commissioners with outstanding terms to inquire whether they desire to
serve on the reinstated PRC.
Work with the City Clerk to conduct a recruitment for up to five seats on the PRC and to
schedule candidate interviews with the City Council.
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Undertake site visits to each City park in order to acquaint herself with the relevant history,
current use, maintenance and issues related to each park.
Work with the Public Works and Recreation Directors to schedule a first meeting of the PRC.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM: _____________
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DEPT HEAD: Dave Anderson
Assistant City Manager
_________________________________________________________________________________
SUBJECT: Consideration of Establishment of Council Ad Hoc to Recommend Policies
Concerning Naming of City-owned Facilities
RECOMMENDED ACTION:
Review report and direct staff accordingly.
REPORT SUMMARY:
Background
At its July 18, 2007 meeting, Council directed staff to gather information from other jurisdictions
concerning naming of City-owned facilities and to provide some options for formulating a policy for
naming facilities owned by the City of Saratoga. Due to a number of extenuating factors, the item was
deferred. Recently, the idea was raised of forming a Council Ad Hoc concerning the naming of City-
owned facilities. Staff previously conducted research concerning the policies on facility naming
adopted by other nearby jurisdictions, and a staff report to aid the Ad Hoc, if established, has already
been prepared.
The purpose of the Ad Hoc could be to:
1. Recommend policies concerning naming of City-owned facilities; and
2. Recommend a suitable tribute for Joan Pisani, former City Recreation Director, now deceased.
Council members King and Waltonsmith have expressed willingness to serve on the Ad Hoc, if
established.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S):
N/A
ALTERNATIVE ACTION (S):
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Council may choose not to form an Ad Hoc concerning the naming of City-owned facilities and may
direct staff to undertake other actions related to this issue.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda according to the Brown Act.
ATTACHMENTS:
N/A
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Consideration of Endorsement for U.S. Mayors Climate Protection Agreement
RECOMMENDED ACTION:
Accept report and direct staff accordingly.
REPORT SUMMARY:
At the 73rd Annual U.S. Conference of Mayors meeting, attendees endorsed the “U.S. Mayors Climate
Protection Agreement”. Subsequently, more than 672 mayors from the 50 states, District of Columbia
and Puerto Rico have registered their support of the Agreement.
Copies of the following documents are provided for your reference:
Resolutions adopted by the U.S. Conference of Mayors, (Attachment A). These provide the basis
behind the Conference’s decision to adopt the U.S. Mayors Climate Protection Agreement.
The actual U.S. Mayors Climate Protection Agreement document, including a form to be used for
endorsing the Agreement (Attachment B).
A list of the mayors from the State of California who have endorsed the Agreement (Attachment
C).
The City of Saratoga has been undertaking a number of activities in order to reduce global warming. The
Agreement lists, but does not obligate the City to a number of specific global warming pollution reduction
actions. Endorsing the Agreement would appear to dovetail with programs the City is already
undertaking. If the City Council desires to endorse the Agreement, it should authorize the Mayor to sign
the form provided.
FISCAL IMPACTS:
There is no direct fiscal impact associated with endorsement of the U.S. Mayors Climate Protection
Agreement. If the City decides to undertake any of the specific actions listed as examples in the
agreement, costs associated with those projects would need to be developed and, if significant, brought
back to the City Council for funding approval.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City of Saratoga would not be a signatory to the U.S. Mayors Climate Protection Agreement.
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119
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ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Staff will implement Council action.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – U.S. Conference of Mayors 2005 Resolutions
Attachment B – U.S. Mayors Climate Protection Agreement
Attachment C – List of Agreement Endorsements from California City Mayors
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Renewal of Communications Site Lease Agreement with STC Five LLC, by Global
Signal Acquisitions II LLC (Sprint Spectrum L.P.)
RECOMMENDED ACTION:
Accept report and adopt the resolution approving the Communications Site Lease Agreement
with STC Five LLC by Global Signal Acquisitions II LLC, at Congress Springs Park.
BACKGROUND:
On October 16, 1996, the City entered into a 10-year Communications Site Lease Agreement
with Sprint Spectrum L.P. (Sprint) to locate and operate a mobile/wireless communications
facility at Congress Springs Park. In 2005, Sprint entered into a master lease with Global Signal
Acquisitions IV LLC (Global Signal) to manage 6,000 of Sprint’s cellular towers. To
complicate matters further, in January 2007, Crown Castle acquired all of Global Signal’s assets.
STC Five LLC is a Sprint Entity.
The existing lease agreement between Sprint and the City has expired and is proceeding on a
month-to-month basis. At the May 2, 2007 City Council meeting, staff presented a report
(Attachment “A”) detailing Crown Castle’s offer to purchase a 50-year Grant of Easement for
$230,000. Council directed staff to reject Crown Castle’s offer and to seek an Easement with a
shorter term for a higher purchase price, or, if that was not feasible, to offer a site lease renewal
with terms similar to those negotiated by the City with other cellular facility operators.
Staff contacted Crown Castle and was told that the company could not offer better lease terms.
Therefore, staff prepared a renewal Communications Site Lease Agreement and has been
working with Crown Castle since that time to finalize its terms. The proposed new Agreement
will:
1. Increase the lease amount from $1,483 per month (currently) to $1,800 per month, with a
three percent (3%) annual increase. These are the same terms the City has negotiated
with T-Mobile and Metro PCS.
2. Provide a ten-year term with an additional five-year renewal option.
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There are no material changes to the operation of the mobile/wireless communications facility at
Congress Springs Park, nor has the City received any complaints or concerns about the site
during the duration of the lease agreement.
FISCAL IMPACTS:
The effect of the Communications Site Lease Agreement would be to increase lease proceeds
from the current rate of $1,483 per month to $1,800 per month in the first year, and, further, to
increase the lease amount on an annual basis by three percent.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The mobile/wireless communications facility at Congress Springs Park would be removed and
the City would no longer receive lease proceeds for use of the site.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: May 2, 2007 Staff Report
Attachment B: Communications Site Lease Agreement
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Page 3 of 3
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE COMMUNICATIONS SITE LEASE AGREEMENT
BETWEEN THE CITY OF SARATOGA AND
STC FIVE LLC, BY GLOBAL SIGNAL ACQUISITIONS II LLC
FOR THE OPERATION
OF A MOBILE/WIRELESS COMMUNICATIONS FACILITY
AT CONGRESS SPRINGS PARK
WHEREAS, on October 16, 1996 the City of Saratoga (City) entered into a 10-year
Communications Site Lease Agreement with Sprint Spectrum L.P. for a mobile/wireless
communications facility at a site in Congress Springs Park;
WHEREAS, STC Five LLC is a Sprint Entity represented in lease negotiations by
Global Signal Acquisitions II LLC; and
WHEREAS STC Five LLC and the City desire to renew the Communications Site Lease
Agreement for an additional 10-year term;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Saratoga hereby approves and authorizes the City Manager to enter into the Communications
Site Lease Agreement between the City and STC Five LLC.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and
adopted at a regular meeting of the Saratoga City Council held on 7th day of November, 2007 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Aileen Kao, Mayor
City of Saratoga
Attest:
_______________________
Cathleen Boyer, City Clerk
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COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE AGREEMENT (“Lease Agreement”) dated as
of November 7, 2007 is made by and between STC Five LLC, a Delaware limited liability company
(“Lessee”), by Global Signal Acquisitions III LLC, a Delaware limited liability company, its
Attorney in Fact, and the City of Saratoga, a Municipal corporation (“Lessor”).
R E C I T A L S
This Lease Agreement is entered into based upon the following facts, circumstances and
understandings:
A. Lessor owns certain real property legally described in Exhibit “A” attached hereto
and commonly known as Congress Springs Park (Assessor’s Parcel Number 389-02-001) (“Lessor’s Real
Property”). Lessee desires to lease a portion of Lessor’s Real Property with any necessary easements
over other portions of Lessor’s Real Property and/or shared use of Lessor’s easements over other real
property necessary for Lessee’s access and utilities to the leased area (altogether the “Premises”), as
described on Exhibit “B” attached hereto. Lessor represents and warrants that it has full rights of ingress
to and egress from the Premises from a public roadway.
B. Lessor is willing to lease the Premises to Lessee for Lessee’s proposed use subject to
the terms and conditions of this Lease Agreement.
WHEREFORE, the parties hereto agree as follows:
1. Grant of Lease. Lessor hereby leases to Lessee the Premises for Lessee’s proposed use,
subject to the following terms and conditions.
2. Permitted Uses. The Premises may be used by Lessee for the operation of a wireless
communications facility. Under this Lease Agreement, Lessee and Lessee’s sublessee’s and sublicensee’s
may install, place, use and operate on the Premises such antennas, radio transmitting and receiving
equipment, tower structures, equipment shelters, meter boards, conduits, wires, batteries, back-up
generators, utility lines and facilities, supporting structures, storage facilities, and related equipment
(collectively “Lessee’s Facilities”) as Lessee reasonably deems necessary for the operation of its wireless
communications site at the Premises, subject to the terms and conditions of this Agreement. Further,
Lessee may perform construction, maintenance, repairs, additions to, and replacement of Lessee’s
Facilities as Lessee deems necessary and appropriate for its ongoing business and has the right to do all
work necessary to prepare, modify and maintain the Premises to accommodate Lessee’s Facilities and as
required for Lessee’s communications operations at the Premises.
3. Conditions Precedent: Prior Approvals. Lessor agrees to cooperate with Lessee’s
reasonable requests for Lessor’s signatures as real property owner on permit applications, for allowing
site inspections by governmental agencies required in connection with reviewing permit applications, and
for assistance in obtaining such necessary approvals, provided that such cooperation and assistance shall
be at no expense to Lessor.
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Site No.: 3028167
Site Address: Congress Springs Park, Saratoga, CA 95070
132
4. Term. The term of this Lease Agreement (“Term”) shall be ten (10) years commencing
upon full execution of this Lease Agreement by both parties hereto. Lessee shall have the right to extend
the Term of this Lease Agreement for one (1) additional term (“Renewal Term”) of five (5) years. This
Lease Agreement shall automatically be extended for the Renewal Term unless Lessee notifies Lessor in
writing of Lessee’s intention not to extend this Lease Agreement at least thirty (30) days prior to the
expiration of the Term.
5. Rent. Within fifteen (15) days of the Commencement Date, Lessee shall pay Lessor, as
rent, the sum of Eighteen Hundred dollars exactly ($1800.00) (“Rent”) per month. Rent shall be payable
on the first day of each month, in advance, to Lessor’s payee specified in Section 21, Notices and
Deliveries. If the Commencement Date of this Lease Agreement is other than the first day of a calendar
month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the calendar
month in which the Term commences, and thereafter Lessee shall pay a full month’s Rent on the first day
of each calendar month, except that payment shall be prorated for the final fractional month of this Lease
Agreement, or if this Lease Agreement is terminated before the expiration of any month for which Rent
should have been paid. Rent shall be increased annually as of the anniversary of the Commencement Date
by three percent (3%) of the Rent paid during the previous year. If the Rent is not received by Lessor on
or before the thirtieth (30th) day following the due date, it shall be deemed delinquent. If the Rent is not
paid before delinquency, then the amount due and unpaid shall be subject to a late charge at the rate of
five percent (5%) of the overdue amount, without limitation to Lessor’s other rights and remedies under
this Lease Agreement.
6. Ongoing Access to Premises. Throughout the Term and any Renewal Term of this
Lease Agreement, Lessee shall have the right of access to the Premises for its employees and agents
twenty-four (24) hours a day, seven (7) days per week, at no additional charge to Lessee. Lessor hereby
grants to Lessee the access easement more particularly described on the attached Exhibit B. In exercising
its right of access to the Premises herein, Lessee agrees to cooperate with any reasonable security
procedures utilized by Lessor at Lessor’s Real Property and further agrees not to unduly disturb or
interfere with the business or other activities of Landlord or of other tenants or occupants of Lessor’s Real
Property. Lessor shall maintain all existing access roadways or driveways extending from the nearest
public roadway to the Premises in a manner sufficient to allow for Lessee’s access to the Premises.
Lessor shall be responsible for maintaining and repairing such roadways and driveways at Lessor’s sole
expense, except for any damage caused by Lessee’s use of such roadways or driveways. If Lessee causes
any such damage, Lessee shall promptly repair the same at its sole expense. Lessor shall not have access
to the Premises, except in the event of an emergency that poses an immediate threat of substantial harm or
damage to persons or property that requires entry on the restricted portions of the Premises, Lessor may
enter the same and take such actions as are required to protect individuals or personal property from such
immediate threat of substantial harm or damage; provided that promptly after such emergency entry,
Lessor shall give Lessee notice of such entry. In addition, Lessor shall have the right, if escorted by
Lessee, to periodically enter the restricted portion of the Premises to visually inspect the facilities on
reasonable prior notice to Lessee, which notice shall specify the date and time when Lessor seeks to enter
the Premises. Lessor shall repair any damage it causes to the Premises or to Lessee’s Facilities during any
such entry.
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Site No.: 3028167
Site Address: Congress Springs Park, Saratoga, CA 95070
133
7. Lessee’s Work, Maintenance and Repairs. For any improvements, modifications,
alterations or construction by Lessee after the commencement of the Lease Agreement, Lessee shall
submit copies of the site plan and specifications to the Lessor for prior approval, which approval will not
be unreasonably withheld, conditioned or delayed. Lessor shall give such approval or provide Lessee
with its requests for changes within five (5) business days of Lessor’s receipt of Lessee’s plans. If Lessor
does not provide such approval or request for changes within such five (5) business day period, Lessor
shall be deemed to have approved the plans. Lessor shall not be entitled to receive any additional
consideration in exchange for giving its approval of Lessee’s plans. Any improvements, modifications,
alterations, or construction by Lessee shall be constructed in strict conformity with such approved plans
and specifications. All of Lessee’s construction and installation work at the Premises shall be
performed at Lessee’s sole cost and expense and in a good and workmanlike manner. Nothing in this
Agreement shall be construed as a building permit, use permit, or other grant of approval pursuant to the
Saratoga City Code. Lessee shall maintain Lessee’s Facilities and the Premises in neat and safe condition
in compliance with all applicable codes and governmental regulations. Lessee shall not be required to
make any repairs to the Premises except for damages to the Premises caused by Lessee, its employees,
agents, contractors, subcontractors, sublessees, licensees, or invitees. Any damage caused to the Premises
by Lessee, its employees, agents, contractors, subcontractors, sublessees, licensees, or invitees, shall be
promptly repaired at the sole expense of Lessee after providing timely notice of such damage to Lessor.
Upon the expiration, cancellation or termination of this Lease Agreement, Lessee shall surrender the
Premises in good condition, less ordinary wear and tear; however, Lessee shall not be required to remove
any foundation supports for Lessee’s Facilities or conduits which have been installed by Lessee.
8. Title to Lessee’s Facilities. Title to Lessee’s Facilities and any equipment placed on the
Premises by Lessee shall be held by Lessee. All of Lessee’s Facilities shall remain the property of Lessee
and are not fixtures. Lessee shall remove all Lessee’s Facilities, at its sole expense; such removal will be
coordinated with the expiration or termination date of this Lease Agreement. Lessor acknowledges that
Lessee (and subject to Section 17 below) Lessee’s sublessees or sublicensees may enter into financing
arrangements including promissory notes and financial and security agreements for the financing of
Lessee’s Facilities or the financing of sublessee’s or sublicensee’s equipment installed at the Premises,
with a third party financing entity and may in the future enter into additional financing arrangements with
other financing entities. “Collateral” means Lessee’s Facilities. In connection therewith, Lessor (i)
consents to the installation of the Collateral to the extent that the Collateral is part of the approved
Lessee’s Facilities; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees
that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any
Rent due or to become due and that such Collateral may be removed at any time without recourse to legal
proceedings.
9. Utilities. Lessee shall have the right to install and maintain utilities on or near the
Premises, at Lessee’s expense, and to improve the present utilities on or near the Premises (including, but
not limited to the installation of emergency back-up power). Lessor hereby grants to Lessee the utilities
easement as further described on the attached Exhibit B. Lessee shall fully and promptly pay for all
utilities furnished to the Premises for the use, operation and maintenance of Lessee’s Facilities.
10. Interference with Communications. Lessee’s Facilities and operations shall not
interfere with the operating equipment existing as of the date of this Agreement and Lessee’s Facilities
and operations shall comply with all non-interference rules of the Federal Communications Commission
(“FCC”). Upon written notice from Lessor of apparent interference by Lessee with Pre-existing
Communications, Lessee shall have the responsibility to promptly terminate such interference with the
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Pre-existing Communications or demonstrate to Lessor with competent information that the apparent
interference in fact is not caused by Lessee’s Facilities or operations. Lessor shall not, nor shall Lessor
permit any other tenant or occupant of any portion of Lessor’s Real Property to engage in any activities or
operations which interfere with the communications operations of Lessee described in Section 2 above
and as further modified with future installations or equipment changes by Lessee or Lessee’s sublessees
or sublicensees pursuant to the terms and conditions contained herein. Such interference with Lessee’s
communications operations shall be deemed a material breach by Lessor, and Lessor shall have the
responsibility to promptly terminate said interference. In the event any such interference does not cease
promptly, the parties acknowledge that continuing interference will cause irreparable injury to Lessee,
and therefore Lessee shall have the right to bring a court action to enjoin such interference or to terminate
this Lease Agreement immediately upon notice to Lessor. Lessor agrees to incorporate equivalent
provisions regarding non-interference with Lessee’s Facilities into any subsequent leases, licenses or
rental agreements with other persons or entities for any portions of Lessor’s Real Property.
11. Taxes. Lessee shall pay personal property taxes assessed against Lessee’s Facilities,
and Lessor shall pay when due all real property taxes and all other taxes, fees and assessments attributable
to the Premises and this Lease Agreement. Lessee agrees to reimburse Lessor for any documented
increase in real estate taxes levied against Lessor’s Real Property that are directly attributable to Lessee’s
Facilities. Lessor agrees to provide Lessee any documentation evidencing the increase and how such
increase is attributable to Lessee’s use. Lessee reserves the right to challenge any such assessment, and
Lessor agrees to cooperate with Lessee in connection with any such challenge. Pursuant to California
Revenue and Taxation Code section 107.6, Lessee is notified that the property interest acquired by Lessee
in the Premises under this Lease Agreement may be subject to property taxation as a possessory interest
in real property, and Lessee may be subject to property taxes levied on that interest.
12. Termination. This Lease Agreement may be terminated by Lessee effective
immediately without further liability by delivery of written notice thereof to Lessor prior to the
Commencement Date for any reason resulting from Lessee’s Due Diligence, or if a title report obtained
by Lessee for Lessor’s Real Property shows any defects of title or any liens or encumbrances which may
adversely affect Lessee’s use of the Premises for Lessee’s intended use, or for any other or no reason.
This Lease may be terminated without further liability on thirty (30) days prior written notice as follows:
(i) by either party upon a default of any covenant, condition, or term hereof by the other party, which
default is not cured within sixty (60) days of receipt of written notice of default, provided that if such
default is curable, but not curable within such sixty (60) day period, then within such period of time as is
reasonably necessary to accomplish such cure (in order to avail itself of this time period in excess of sixty
(60) days, the defaulting party must send to the other party, within the sixty (60) day period, a written
plan to cure the default, which is reasonably acceptable to the other party, and the defaulting party
diligently commences and continues to performance of such cure to completion according to the written
plan); (ii) by Lessee if Lessee does not obtain licenses, permits or other approvals necessary for operation
of Lessee’s Facilities or is unable to maintain such licenses, permits or approvals despite reasonable
efforts to do so; (iii) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or
directive of the FCC or other governmental or regulatory agency, including, but not limited to, a take
back of frequencies; or (iv) by Lessee if Lessee determines that the Premises are not appropriate for its
operations for economic, environmental or technological reasons, including, without limitation, signal
strength or interference. In the event of termination of this Lease by Lessee if Lessee determines that the
Premises are not appropriate for its operations for economic, environmental or technological reasons,
including, without limitation, signal strength or interference, which occurs at any time within the Initial
Term of this Lease, Lessee shall pay a termination fee in an amount equal to three (3) months of the then
current Rent. The termination fee shall be paid within thirty (30) days of the effective date of termination
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of this Lease Agreement. Other than as stated herein, Lessor shall not have the right to terminate, revoke
or cancel this Lease Agreement.
13. Destruction of Premises. If the Premises or Lessor’s Property is destroyed or damaged
so as in Lessee’s judgment to hinder its effective use of Lessor’s Property for the ongoing operation of a
wireless communications site, Lessee may elect to terminate this Lease Agreement as of the date of the
damage or destruction by so notifying Lessor no more than thirty (30) days following the date of damage
or destruction. In such event, all rights and obligations of the parties which do not survive the termination
of this Lease Agreement shall cease as of the date of the damage or destruction.
14. Condemnation. If Lessor receives notice of a proposed taking by eminent domain of
any part of the Premises, Lessor will notify Lessee of the proposed taking within five (5) days of
receiving said notice and Lessee will have the option to: (i) declare this Lease Agreement null and void
and thereafter neither party will have any liability or obligation hereunder; or (ii) remain in possession of
that portion of the Premises that will not be taken, in which event there shall be an equitable adjustment in
rent on account of the portion of the Premises so taken. With either option Lessee shall have the right to
contest the taking and directly pursue an award. Sale of all or part of the Premises to a purchaser with the
power of eminent domain in the face of the exercise of its power of eminent domain shall be treated as a
taking by a condemning authority.
15. Insurance. Lessee shall maintain the following insurance: (1) Commercial General
Liability with limits of Two Million Dollars ($2,000,000.00) per occurrence, (2) Automobile Liability
with a combined single limit of One Million Dollars ($1,000,000.00) per accident, (3) Workers
Compensation as required by law, and (4) Employer’s Liability with limits of One Million Dollars
($1,000,000.00) per occurrence. Lessor, at Lessor’s sole cost and expense, shall procure and maintain on
the Property, bodily injury and property damage insurance with a combined single limit of at least One
Million Dollars ($1,000,000.00) per occurrence. Such insurance shall insure, on an occurrence basis,
against liability of Lessor, its employees and agents arising out of or in connection with Lessor’s use,
occupancy and maintenance of the Property. Each party shall be named as an additional insured on the
other’s policy. Each party shall provide to the other a certificate of insurance evidencing the coverage
required by this paragraph within thirty (30) days of the Commencement Date. The parties hereby waive
any and all rights of action for negligence against the other on account of damage to Lessee’s Facilities,
Lessor’s Real Property or to the Premises resulting from any fire or other casualty of the kind covered by
property insurance policies with extended coverage, regardless of whether or not, or in what amount, such
insurance is carried by the parties. All policies of property insurance carried by either party for Lessee’s
Facilities, Lessor’s Real Property or the Premises shall include a clause or endorsement denying to the
insurer rights by way of subrogation against the other party to the extent rights have been waived by the
insured before the occurrence of injury or loss.
16. Assignments or Transfers. Lessor may assign or transfer this Lease Agreement to any
person or entity without any requirement for prior approval by Lessee, provided that such assignee or
transferee agrees in writing to fulfill the duties and obligations of the Lessor in said Lease Agreement,
including the obligation to respect Lessee’s rights to nondisturbance and quiet enjoyment of the Premises
during the remainder of the Term and any Renewal Term hereof. Lessee may assign or transfer this Lease
Agreement without prior approval by Lessor to any party controlling, controlled by or under common
control with Lessee, to Lessee’s affiliates, parents, subsidiaries, or to any entity which acquires all or
substantially all of Lessee’s assets. Lessee shall not assign or transfer this Lease Agreement to any other
person or entity without the prior written approval of Lessor, which approval shall not be unreasonably
withheld. Upon assignment by Lessee, Lessee shall be relieved of all liabilities and obligations hereunder
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and Lessor shall look solely to the assignee for performance under this Lease and all obligations
hereunder, except with respect to obligations arising before but not satisfied by the effective date of the
assignment. Notwithstanding anything to the contrary contained in this Agreement, Lessee may assign,
mortgage, pledge, hypothecate or otherwise transfer without consent its interest in this Agreement to any
financing entity, or agent on behalf of any financing entity to whom Lessee (i) has obligations for borrowed
money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or
similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and
similar facilities or in respect of guaranties thereof.
17. Subleases. Lessee may sublease or license use of the Premises with Lessor’s prior
written consent, which consent shall not be unreasonably withheld, provided that any such sublessee shall
be bound by all the duties and obligations of this Lease Agreement and that Lessee shall be primarily
liable to Lessor for such sublessee’s performance under this Lease Agreement. Notwithstanding
anything in this Lease Agreement to the contrary, Lessor hereby consents to the sublicense or sublease
related to any Existing Co-locator, GSA III, any Global Signal Entity, any Sprint Entity, or any entity
Sprint installed pursuant to the Sprint-Global Signal Lease and/or Leaseback Transaction. For purposes
of this Lease Agreement, “Existing Co-Locator” means any Co-Locator installed at the Premises at the
commencement of this Lease Agreement, including but not limited to each Sprint Entity and any entity
installed as a result of the Sprint-Global Signal Lease and/or Leaseback Transaction; “Co-Locator” means
a third party who obtained a sublicense or sublease from Lessee to install at the Premises. “Global Signal
Entity” means a parent, subsidiary, or affiliate of GSA III or any party controlling, controlled by or under
common control with GSA III, or any party that acquires substantially all of the assets of GSA III; GSA
III means Global Signal Acquisitions III LLC; “Sprint Entity” means any parent, subsidiary, or affiliate of
Lessee or any party controlling, controlled by or under common control with Lessee, or any party that
acquires substantially all of the assets of Lessee; and “Sprint-Global Signal Lease and/or Leaseback
Transaction” means any lease, sublease or license between Lessee, any Sprint Entity, GSA III or any
Global Signal Entity.
18. Nondisturbance and Quiet Enjoyment; Subordination; Estoppel Certificates.
(a) So long as Lessee is not in default under this Lease Agreement, Lessee shall be
entitled to quiet enjoyment of the Premises during the term of this Lease Agreement or any Renewal
Term, and Lessee shall not be disturbed in its occupancy and use of the Premises.
(b) This Lease Agreement shall be subordinate to each and every deed of trust,
mortgage or other security instrument recorded as of the date of this Agreement which affects Lessor’s
Real Property and to any renewals, extensions, supplements, amendments, modifications or replacements
thereof. In confirmation of such subordination, Lessee shall execute and deliver promptly any certificate
of subordination that Lessor may request, provided that such certificate acknowledges that this Lease
Agreement remains in full force and effect, is signed by Lessor’s mortgagee or lender, and recognizes
Lessee’s right to nondisturbance and quiet enjoyment of the Premises so long as Lessee is not in default
under this Lease Agreement. If any mortgagee or lender succeeds to Lessor’s interest in Lessor’s Real
Property through a foreclosure proceeding or by a deed in lieu of foreclosure, Lessee shall attorn to and
recognize such successor as Lessor under this Lease Agreement provided such mortgagee or lender has
signed a nondisturbance agreement as outlined herein.
(c) At any time upon not less than ten (10) days’ prior written notice by Lessor,
Lessee shall execute, acknowledge and deliver to Lessor or any other party specified by Lessor a
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statement in writing certifying that this Lease Agreement is in full force and effect and the status of any
continuing defaults under this Lease Agreement.
19. Indemnifications.
(a) Lessee’s Indemnity. Lessee hereby agrees to indemnify and hold Lessor and
Lessor’s officers, directors, partners, shareholders, employees, agents, contractors or subcontractors
harmless from and against any and all losses, claims, liabilities, damages, costs and expenses (including
reasonable attorney’s fees and costs) and injuries (including personal injuries or death) arising from or in
connection with Lessee’s use, operation, maintenance or repair of Lessee’s Facilities at the Premises or
access over Lessor’s Real Property or Lessee’s shared use of Lessor’s easements for access to the
Premises, except those resulting from the gross negligence or willful misconduct of Lessor or Lessor’s
officers, directors, partners, shareholders, employees, agents, contractors or subcontractors. Lessee shall
also indemnify and hold harmless Lessor from any third-party claims related to harmful effects from
electromagnetic fields (EMF’s) and radio frequency (RF) emitted from Lessee’s facilities, regardless of
Lessee’s legal compliance with applicable laws and regulations.
(b) Lessor’s Indemnity. Lessor hereby agrees to indemnify and hold Lessee and
Lessee’s officers, directors, partners, shareholders, employees, agents, contractors or subcontractors
harmless from and against any and all losses, claims, liabilities, damages, costs and expenses (including
reasonable attorney’s fees and costs) and injuries (including personal injuries or death) arising from or in
connection with Lessor’s use, operation, maintenance or repair of improvements on Lessor’s Real
Property (including improvements constructed on Lessor’s Real Property) or Lessor’s shared use of
easements for access to Lessor’s Real Property, except those resulting from the gross negligence or
willful misconduct of Lessee or Lessee’s officers, directors, partners, shareholders, employees, agents,
contractors or subcontractors.
(c) Survival of Indemnity Provisions. The indemnity provisions of this section
shall survive the expiration, cancellation or expiration of this Lease Agreement.
20. Environmental Issues; Historic Preservation; Hazardous Materials. Lessor
represents that Lessor’s Real Property is not subject to any environmental conditions, adverse impacts, or
mitigation monitoring programs resulting from any prior environmental assessments conducted under the
National Environmental Policy Act (NEPA) or the California Environmental Quality Act (CEQA) which
could reasonably forbid, interfere with, or complicate Lessee’s proposed use of the Premises. Further,
Lessor represents that Lessor’s Real Property has not been listed or been determined to be eligible for
listing on the National Register of Historic Places, has not been identified or determined to be an
historical landmark or located within an historic district or preservation district under applicable federal,
state or local laws or regulations, and has not been identified as an archeological site nor as a location of
any archeological artifacts or other similar resources by any prior survey or study. Lessee shall handle
any hazardous materials it brings onto the Premises in accordance with all applicable federal, state and
local laws and regulations and shall not (either with or without negligence) cause or permit the escape,
disposal or release of any Hazardous Materials on or from the Premises in any manner prohibited by law.
Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, fines, judgments,
penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of
claims, attorneys’ fees, and consultants’ and experts’ fees) from the release of any Hazardous Materials
on the Premises if caused by Lessee or persons acting under Lessee. Lessor shall handle any hazardous
materials it brings onto the Premises in accordance with all applicable federal, state and local laws and
regulations and shall not (either with or without negligence) cause or permit the escape, disposal or
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release of any Hazardous Materials on or from Lessor’s Real Property or the Premises in any manner
prohibited by law. Lessor shall indemnify and hold Lessee harmless from any and all claims, damages,
fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid
for settlement of claims, attorneys’ fees, and consultants’ and experts’ fees) from the presence or release
of any Hazardous Materials on Lessor’s Real Property or the Premises unless caused by Lessee or persons
acting under Lessee. For purposes of this Agreement, “Hazardous Materials” shall mean asbestos or any
substance, material or waste which is or becomes designated, classified or regulated as being "toxic" or
"hazardous" or a "pollutant" or which is or becomes similarly designated, classified or regulated under
any federal, state or local law, regulation or ordinance including, but not limited to Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. and regulations
promulgated pursuant thereto and the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq.
and regulations promulgated pursuant thereto.
21. Notices and Deliveries. Any notice or demand required to be given herein shall be made
by certified or registered mail, return receipt requested, confirmed fax, or reliable overnight delivery
service to the address of the respective parties set forth below:
Lessor: City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Telephone: (408) 868-1269
Facsimile: (408) 867-8559
Federal Taxpayer ID Number: 94-6030039
Lessor's Payee: Finance Department
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
Lessee: STC Five, LLC
C/o Crown Castle, International
2000 Corporate Drive
Canonsburg, Pennsylvania 15317
Attn: Legal Department
Telephone: (724) 416-2000
Facsimile: (724) 416-2200
Lessor or Lessee may from time to time designate any other address for notices or deliveries by written
notice to the other party.
22. Attorneys Fees; Litigation Costs. If any action at law or in equity is brought to recover
any Rent or other sums under this Lease Agreement, or for or on account of any breach of or to enforce or
interpret any of the covenants, terms, or conditions of this Lease Agreement, or for the recovery of the
possession of the Premises, the prevailing party shall be entitled to reasonable attorney’s fees, costs and
other expenses, in addition to any other relief to which such party may be entitled. Prevailing party
includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that
receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is
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substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court
of law.
23. Miscellaneous.
(a) Severability. If any provision of the Lease Agreement is held to be invalid or
unenforceable by a court of competent jurisdiction with respect to any party, the remainder of this Lease
Agreement or the application of such provision to persons other than those as to whom it is held invalid or
unenforceable shall not be affected, and each provision of this Lease Agreement shall be valid and
enforceable to the fullest extent permitted by law.
(b) Binding Effect. Each party represents and warrants that said party has full
power and authority, and the person(s) executing this Lease Agreement have full power and authority, to
execute and deliver this Lease Agreement, and that this Lease Agreement constitutes a valid and binding
obligation of each party, enforceable in accordance with its terms. This Lease Agreement shall be
binding on and inure to the benefit of the successors and permitted assignees of the respective parties.
(c) Waivers. No provision of this Lease Agreement shall be deemed to have been
waived by a party unless the waiver is in writing and signed by the party against whom enforcement of
the waiver is attempted. No custom or practice which may develop between the parties in the
implementation or administration of the terms of this Lease Agreement shall be construed to waive or
lessen any right to insist upon strict performance of the terms of this Lease Agreement.
(d) Governing Law. This Lease shall be governed by and construed in accordance
with the laws of the State of California.
(e) Survival. Terms and conditions of this Lease Agreement which by their sense
and context survive the termination, cancellation or expiration of this Lease Agreement will so survive.
(f) Memorandum of Lease. Lessor acknowledges that a Memorandum of
Agreement substantially in the form annexed hereto as Exhibit C will be recorded by Lessee in the Official
Records of the County where the Property is located.
(g) Entire Agreement; Amendments. This Lease Agreement constitutes the entire
agreement and understanding between the parties regarding Lessee’s lease of the Premises and supersedes
all offers, negotiations and other agreements concerning the subject matter contained herein. There are no
representations or understandings of any kind not set forth herein. Any amendments to this Lease
Agreement must be in writing and executed by authorized representatives of both parties.
(h) No Presumptions Regarding Preparation of Lease Agreement. The parties
acknowledge and agree that each of the parties have been represented by counsel or has had full
opportunity to consult with counsel and that each of the parties has participated in the negotiation and
drafting of this Lease Agreement. Accordingly it is the intention and agreement of the parties that the
language, terms and conditions of this Lease Agreement are not to be construed in any way against or in
favor of any party hereto by reason of the roles and responsibilities of the parties or their counsel in
connection with the preparation of this Lease Agreement.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this Lease Agreement on the dates set forth
below and acknowledge that this Lease Agreement is effective as of the date first above written.
LESSOR:
City of Saratoga, a Municipal corporation
By: __________________________________
(Signature)
Print Name: Dave Anderson
Title: City Manager
Date: __________________________________
LESSEE:
STC Five LLC, a Delaware limited liability company,
by Global Signal Acquisitions III LLC, a Delaware
limited liability company, its Attorney in Fact
By: __________________________________
(Signature)
Print Name: ________________________________
Title: ________________________________
Date: __________________________________
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EXHIBIT A
DESCRIPTION OF LESSOR’S REAL PROPERTY
Exhibit A to the Lease Agreement dated November 7, 2007, by and between the City of Saratoga, a
Municipal corporation, as Lessor, and STC Five LLC, a Delaware limited liability company, by Global Signal
Acquisitions III LLC, a Delaware limited liability company, its Attorney in Fact, as Lessee.
Lessor’s Property of which Premises are a part is described as follows:
Parcel One:
Beginning at a point in the centerline of a road 24 feet in width, said point being the Northwest corner of Lot 3 as
shown on that certain map entitled “Map of the Partition of Lands of the John Cox Estate in the Quito Rancho”
surveyed January 1917, by Chas. Herrmann, and recorded in the Office of the County Recorder of Santa Clara
County, California in Book “Q” of Maps, at page 13; thence from said point running South 85 degrees, 26 minutes
0 seconds East 580.71 feet to the true point of beginning.
Then from said true point of beginning, South 45 degrees, 10 minutes, 0 seconds East 580.67 feet along the
southwesterly line of the lands conveyed to the State of California by deed recorded November 23, 1964 in book
6750, page 80 of Official Records; thence continuing along said southwesterly line, the following courses an
distances: South 40 degrees, 06 minutes, 18 seconds east 246.57 feet; thence South 37 degrees, 04 minutes, 43
seconds East 93.19 feet; thence South 40 degrees, 46 minutes, 11 seconds east 43.65 feet; thence leaving said
southwesterly line of lands conveyed to the State of California and running south 58 degrees, 18 minutes, 0 seconds
West 61.21 feet; thence running North 59 degrees, 17 minutes, 53 seconds West 747.02 feet; thence north 30
degrees, 42 minutes, 07 seconds East 268.24 feet; thence North 45 degrees, 10 minutes, 0 seconds 181.51 feet;
thence running South 85 degrees, 26 minutes, 0 seconds East 30.94 feet to the true point of beginning.
Parcel Two:
Beginning at a point in the centerline of a road 24 feet in width, said point being the Northwest corner of Lot 3 as
shown on that certain map entitled “Map of the Partition of Lands of the John Cox Estate in the Quito Rancho”
surveyed January 1917 by Chas. Herrman, and recorded in the Office of the County Recorder of Santa Clara
County, California in Book “Q” of Maps, at Page 13;
Thence South 45°10’00” East 181.51 feet;
Thence South 30°42’07” West 260.24 feet;
Thence North 59°17’53” West 627.82 feet to a point of the centerline of the previously described 24 foot wide road;
Thence running along the centerline of said 24 foot wide road North 00°01’16” East 81.84 feet, to the Point of
Beginning.
APN-389-02-001
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EXHIBIT B
DESCRIPTION OF PREMISES AND UTILITIES AND ACCESS EASEMENTS
(To be updated upon receipt of Survey)
Exhibit B to the Lease Agreement dated November 7, 2007, by and between the City of
Saratoga, a Municipal corporation, as Lessor, and STC Five LLC, a Delaware limited liability company,
by Global Signal Acquisitions III LLC, a Delaware limited liability company, its Attorney in Fact, as
Lessee.
The Premises consist of those specific areas described/shown below or attached where Lessee’s
communications antennae, equipment and cables, and associated utility connections and access, including
easements for ingress and egress, occupy Lessor’s Real Property.
(A final drawing or copy of a property survey or site plan depicting the above
shall replace this Exhibit B when initialed by Lessor or Lessor’s designated agent
and may be modified from time to time when initialed by both Lessor and Lessee.)
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EXHIBIT C
MEMORANDUM OF AGREEMENT
CLERK: Please return this document to: Global Signal Acquisitions III LLC
301 Cattlemens Road North, Suite 300
Sarasota, FL 34232
A t t n . : W e n d y B r e c h t
This Memorandum of Agreement is entered into on this _____ day of _________ 2007, by and
between the City of Saratoga, with an office at 13777 Fruitvale Avenue, Saratoga, CA 95070 (hereinafter
referred to as "Lessor"), and STC Five LLC, a Delaware limited liability company, by Global Signal
Acquisitions III LLC, a Delaware limited liability company, its Attorney in Fact, with an office at c/o
Crown Castle, International, 2000 Corporate Drive, Canonsburg, Pennsylvania 15317, Attention Legal
Department (hereinafter referred to as "Lessee").
1. Lessor and Lessee entered into a Communications Site Lease Agreement ["Agreement"] on the
7th day of November 2007, for the purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing is set forth in the
Agreement.
2. The term of the Agreement is for ten (10) years commencing on November 7, 2007 with one
five (5) year renewal term.
3. The Land which is the subject of the Agreement is described in Exhibit A attached hereto.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Agreement as of the day
and year first above written.
LESSOR: LESSEE:
City of Saratoga, a Municipal corporation, STC Five LLC, a Delaware limited liability
company, by Global Signal Acquisitions III LLC, a
Delaware limited liability company, its Attorney in
Fact
By:
Name: Dave Anderson
Title: City Manager
Date:
B y :
Name: _____________________________
Title: _____________________________
Date:
By:
Name: Richard Taylor
Title: City Attorney
Date:
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STATE OF
COUNTY OF
On ________________________________, before me, ________________________________, Notary
Public, personally appeared ________________________________, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacit(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
STATE OF
COUNTY OF
On ________________________________, before me, ________________________________, Notary
Public, personally appeared ________________________________, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacit(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Notary Public
145
SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson
PREPARED BY: Michael Taylor DEPT HEAD: Michael Taylor
SUBJECT: Renewal of Lease Agreement with Friends of Saratoga Libraries for Use of the
Book-Go-Round Building
RECOMMENDED ACTION(S):
Adopt a resolution authorizing the City Manager to enter into a lease agreement with the Friends
of the Saratoga Libraries for use of the Book-Go-Round Building.
REPORT SUMMARY:
The Friends of the Saratoga Libraries (FOSL) is a volunteer-managed and staffed non-profit
California Corporation recognized by the IRS as a 501(c)(3) organization. FOSL is an active
community library support group of over 1,000 community resident households and library
patrons who support the Saratoga Library. Through active participation, volunteering, and
financial support through membership contributions, the members assist the library in
maintaining and improving its current high level of library services.
Although the main focus of the FOSL is the Saratoga Library, the group retains plurality in its
name to recognize the importance of the school libraries in our community. The FOSL annually
recognizes the school library volunteers. The stated purpose of the organization is to:
• Provide funding grants for materials, furniture and personnel support.
• Assist in maintaining high levels of library services.
• Provide a voice for library supporters.
• Provide a vehicle to encourage gifts and endowments to the library.
• Inform the community of resources and services of the library.
Under an agreement dated February 6, 1998, the FOSL leases the former Saratoga Village
Library building at 14410 Oak Street for use as a used bookstore named the Book-Go-Round
(BGR). Revenues from the sales of materials at the BGR directly benefit Saratoga libraries. The
current lease was for a period of ten (10) years, calls for a one dollar ($1.00) rent for the entire
term of the lease, and expires on February 28, 2008.
Page 1 of 3
146
Since December 2005, significant improvements have been made to the Village Library building
at a cost of approximately $35,000. Structural and water drainage problems under the building
were repaired, roof drain lines were unplugged, a new roof gutter guard system was installed,
broken windows were replaced, internal and external lighting improvements were made, and the
main electrical panel was upgraded. A new alarm system is currently being installed in the
building.
Staff met with representatives of the FOSL on May 16th and corresponded regularly to discuss
the terms of the renewal agreement. Negotiations stalled in regard to the amount of rent to be
charged and the responsibility for deferred maintenance costs. On September 19, 2007, staff
requested Council input by way of an Ad Hoc committee. The Ad Hoc committee of Mayor Kao
and Council member Page met with staff and FOSL and developed what was considered to be a
creative solution to the establishment of a “sinking fund” to finance deferred maintenance for the
building.
According to the proposed agreement (Attachment B), the FOSL will pay $1.00 per year rent.
The new agreement updates language to a standard format, is consistent with agreements the
City has with other organizations, and outlines the creation of a reserve account by the FOSL in
the amount of ten thousand dollars ($10,000). If or when repairs to the BGR are required, the
FOSL will contribute up to twenty percent (20%) or $10,000, whichever is less, of the cost of the
repairs.
The lease is for a ten-year term. Two ten-year renewal options are available with mutual
agreement by both parties. The lease also complies with the Association of Bay Area
Governments (ABAG) best practices language and has been reviewed by the City Attorney and
City staff.
FISCAL IMPACTS:
The City will collect one dollar ($1.00) per year for the term of the lease.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
City facility would not be available for Friends of the Saratoga Libraries Book-Go-Round
activities.
ALTERNATIVE ACTION(S):
Council may choose to not approve a lease renewal and continue the existing lease or negotiate
an alternative agreement with the Friends of the Saratoga Libraries or Council may elect to find
alternative use for the building.
FOLLOW UP ACTION(S):
City Manager will sign agreement and staff will contact FOSL for signatures.
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147
Page 3 of 3
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Agenda was posted in compliance with the Brown Act and notification to Saratoga Community
Library staff, Library Commission, and Friends of the Saratoga Libraries.
ATTACHMENTS:
A – Resolution authorizing Friends of Saratoga Libraries Use Agreement
B – Friends of Saratoga Libraries Book-Go-Round Lease Agreement
148
Attachment A
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE AGREEMENT WITH THE
FRIENDS OF THE SARATOGA LIBRARIES FOR USE OF
THE FORMER VILLAGE LIBRARY BUILDING
WHEREAS, the City of Saratoga is in possession of a historic building that originally housed the
Saratoga Village Library and endeavors to make this historic building available to the public; and
WHEREAS, the Friends of the Saratoga Libraries have conducted retail operations in the historic
building since 1998 to raise funds to support the Saratoga Libraries and have expressed a desire
to continue these operations;
NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows:
The City Manager of Saratoga is authorized to enter into a lease agreement with the Friends of
the Saratoga Libraries for the use of the former Village Library building for use as a Book-Go-
Round used book store.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 7th day of November, 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Aileen Kao, Mayor
ATTEST:
____________________________
Cathleen Boyer, City Clerk
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ATTACHMENT B
Page 1 of 14
LEASE BETWEEN
THE CITY OF SARATOGA
AND
FRIENDS OF THE SARATOGA LIBRARIES
1. Parties. This lease (“Lease”), is made by and between the CITY OF SARATOGA, a
Municipal Corporation, located in the County of Santa Clara, State of California (“Landlord”),
and FRIENDS OF THE SARATOGA LIBRARIES, a not for profit IRS 501(c)(3) corporation
organized under the laws of the State of California (“Tenant”).
2. Premises. Landlord hereby leases to Tenant and Tenant leases from Landlord for the term,
at the rental, and upon all of the conditions set forth herein, the building known as the Saratoga
Village Library, located in the City of Saratoga, at 14410 Oak Street, consisting of approximately
1,622 square feet (the “Premises”). Tenant is presently the owner of all furniture, fixtures,
equipment, and all other tangible personal property on the Premises and Landlord makes no
claim to them.
3. Term.
3.1. Commencement. The term of the Lease shall be for ten (10) years, unless
sooner terminated pursuant to any provision of the Lease or unless extended pursuant to
Paragraph 3.2 of the Lease. The term of the Lease shall commence on October 1, 2007, (the
“Commencement Date”). Tenant is currently in possession of the Premises pursuant to a lease
dated February 6, 1998, (the “1998 Lease”). Tenant shall continue in possession of the
Premises under the terms of the 1998 Lease until the Commencement Date. Landlord and
Tenant intend and agree that upon the Commencement Date, the Lease shall replace the 1998
Lease and the 1998 Lease shall terminate.
3.2. Option to Extend. Tenant shall have two (2) options to extend the term of the
Lease. Each option shall be for a period of ten (10) years (the “Option Term”). The first Option
Term shall commence immediately following the expiration of the initial term of the Lease and
the second Option Term shall commence immediately following the expiration of the first Option
Term, and upon satisfaction of and subject to all of the following conditions:
(A) The Lease term shall extend automatically for each Option Term unless either party
notifies the other in writing at least one hundred eighty (180) days prior to the expiration of the
term of the Lease or the expiration of the first Option Term that the Lease term will not be
extended; and
(B) At any time the Lease term is extended, Tenant shall occupy all of the Premises
and Tenant shall not be in default in the performance of any of the terms, covenants or
conditions contained in the Lease.
3.3. Holding Over. Any holding over after the term of this Lease has expired shall be
deemed to be a tenancy for month-to-month and except for the term thereof shall be on the
same terms and conditions specified herein, so far as they are applicable.
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4. Rent.
4.1. Consideration. Tenant shall pay to Landlord the sum of One Dollar ($1.00) per
year for the term of the Lease.
4.2. Time and Manner of Payment.
4.2.1. Prepaid Rent. Tenant shall pay Landlord Ten Dollars ($10.00) within thirty
(30) days of the Commencement Date, with the payee and delivery address specified in section
4.2.3.
4.2.2. Manner of Accounting for Prepaid Rent. All sums paid by Tenant under
Paragraph 4.2.1 shall be Prepaid Rent. Upon receipt of the Prepaid Rent, Landlord shall credit
the entire amount to Tenant’s account, and shall deduct the annual rent from that amount at the
applicable rate, in satisfaction of Tenant’s obligations under paragraph 4.1.
4.2.3. Payments. All payments shall be made payable to the City of Saratoga
and delivered to the offices of the City of Saratoga, 13777 Fruitvale Avenue, Saratoga,
California 95070.
4.3. Option Rent. The rent payable by Tenant during an Option Term shall be set in
accordance to Paragraph 4.1 herein.
4.4. Reserve Account for Maintenance. Tenant shall establish a reserve account in
the amount of Ten Thousand Dollars ($10,000.00). If pursuant to Paragraph 8.2.(E), as
hereinafter set forth, Landlord replaces the Heating, Ventilation, and Air-Conditioning (HVAC)
system for the Premises or makes other substantial tenant improvements at a cost of Ten
Thousand Dollars ($10,000) or more during the term of the Lease, including the Option Term,
Tenant shall contribute an amount equal to Twenty percent (20%) of the cost of replacement of
the HVAC system, or Ten Thousand Dollars ($10,000.00), whichever is less.
5. Security Deposit.
5.1. Existing Security Deposit. Tenant has placed on deposit with Landlord the sum
of Three Hundred Dollars ($300.00), as a cash security deposit, plus a note in the sum of Seven
Hundred Dollars ($700.00), as additional security deposit, for a security deposit in the total sum
of One Thousand Dollars ($1,000.00) under the terms of the 1998 Lease (the “Security
Deposit”). Landlord shall continue to hold the Security Deposit as a security deposit for the
Lease. No additional security deposit shall be required
5.2. Application. Landlord shall hold the Security Deposit as security for the
performance of Tenant’s obligations under the Lease. If Tenant defaults on any provision of the
Lease, Landlord may apply all or part of the Security Deposit to:
(A) Any rent or other sum in default; or
(B) Any expense, loss, or damage that Landlord may suffer because of Tenant’s
default.
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ATTACHMENT B
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Upon notification by Landlord of such application, Tenant shall remit to Landlord an
amount in cash equal to the amount expended in order to restore the said security deposit to
the original sum of One Thousand Dollars ($1,000). In the event the Tenant shall fully comply
with the terms of this Lease, the security deposit by Tenant shall be returned to Tenant within
fifteen (15) days after the termination of its tenancy and after delivery of the Premises to
Landlord with the required notice. The amount refunded shall not include interest.
6. Use.
6.1. Permitted Use. Tenant shall use and occupy the Premises during the term and
any Option Term for the operation of a used bookstore; benefit receptions; art exhibits;
promotional events such as, but not limited to, reduced price sales, auction sales, poetry
readings, children’s story hours, book review sessions, autograph sessions, Great Book
Seminars, meetings, and other similar and related uses and for no other purpose. Tenant shall
not use or permit the Premises or any part of the Premises to be used for any purpose or
purposes other than the purpose or purposes for which the Premises are leased.
6.2. Insurance Limitations. No use shall be made or permitted to be made of the
Premises or acts done which will increase the existing rate of insurance on the Premises or any
of its contents, or cause the cancellation of any insurance policy covering the Premises. If any
act on the part of Tenant or use of the Premises by Tenant shall cause, directly or indirectly, an
increase of Landlord’s insurance, such additional expense shall be paid by Tenant to Landlord
upon demand. Tenant shall not sell or permit to be stored, kept, used or sold in or about the
Premises any article, which may be prohibited by the standard form of fire insurance policies.
Tenant shall not permit any person to smoke in or about the premises.
6.3. Prohibition of Waste and Nuisance. Tenant shall not commit or suffer to be
committed any waste upon the Premises or any public or private nuisance. Tenant shall not use
the Premises in whole or in part for any purpose or use that is deemed to be in violation of any
of the laws, ordinances, regulations or rules of any public authority or organization at any time.
6.4. Rules and Regulations. Landlord shall have the right from time to time to
prescribe reasonable rules and regulations, which in its judgment may be appropriate for the
use of the Premises. Upon written notification to Tenant of such rules, Tenant agrees to comply
with such rules and regulations and any failure to comply shall constitute a default under the
Lease.
6.5. Signs. Tenant shall not place or permit to be placed in, upon, about or outside
the Premises or any part of the building in which the Premises are located any permanent sign
without the prior written consent of Landlord. All exterior signs must be approved in advance by
Landlord and must meet applicable City zoning regulations.
7. Utilities and Taxes. Landlord, at its expense, has provided and will continue to provide
adequate sewer, water, electrical and gas lines, pipes, and conduits, to and from the Premises
for telephone, gas, electrical, water, sewer, heat, and air conditioning service. Tenant shall,
during the term of the Lease and during any Option Term, pay all charges for telephones, gas,
electricity, water, sewer, heat, and air conditioning. Tenant shall pay any and all taxes and all
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ATTACHMENT B
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special assessments for public improvements as may be levied against the premises or any part
thereof, as well as any applicable possessory interest tax.
8. Repairs and Maintenance.
8.1. Tenant’s Repair and Maintenance Obligations. Tenant shall, at Tenant’s sole
expense and in accordance with the terms of the Lease, repair and maintain in good order and
condition:
(A) The nonstructural interior furnishings of the Premises, including all Tenant
improvements, alterations, fixtures and furnishings;
(B) Incandescent and florescent bulbs and tubes in lighting fixtures;
(C) Window panes, including replacement of window panes, and interior and exterior
window washing; and
(D) Interior painting and carpeting, including carpet cleaning.
8.2. Landlord’s Repair and Maintenance Obligations. Landlord shall, provided the
Tenant give prompt written notice to Landlord as the need arises, repair, including replacement
when necessary, and maintain in good order and condition (reasonable wear and tear
excepted):
(A) The yard, trees, shrubbery, and landscaping surrounding the Premises;
(B) The walkways, sidewalks, driveways, and parking areas;
(C) The structural portions of the Premises;
(D) Exterior portions of the Premises, including walls, roof, gutters, drains and down
spout systems; and
(E) Interior and exterior components of electrical, plumbing, and heating and air-
conditioning systems, including electrical wiring, the fire alarm system and associated
telecommunication lines, and plumbing fixtures.
8.3. Right to Cure.
8.3.1. Ordinary Repair and Maintenance. If Landlord shall be obligated to
repair or maintain any part of the Premises under the provisions of Paragraph 8.2 and does not
make a good faith attempt to commence such repair or maintenance within thirty (30) days after
receipt of written notice from Tenant, Tenant may, at Tenant’s option, perform the repair or
maintenance and deduct any sum paid by Tenant from rent due to Landlord. Any such sums
paid by Tenant shall be deemed prepaid rent under the provisions of Paragraph 4, above, until
all such sums are fully repaid and reimbursed to Tenant.
8.3.2. Health and Safety Exception. Notwithstanding the provisions of
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ATTACHMENT B
Page 5 of 14
paragraph 8.3.1., if a condition exists that affects the habitability of any part of the Premises or
the health and safety of Tenant, its agents, or invitees, Tenant shall give written notice of such
condition to Landlord and if Landlord does not make a good faith attempt to commence such
repair or maintenance within three (3) days after receipt of written notice from Tenant, Tenant
may, at Tenant’s option, perform the repair or maintenance and deduct any sum paid by Tenant
from rent due to Landlord. Any such sums paid by Tenant shall be deemed prepaid rent under
the provisions of Paragraph 4, above, until all such sums are fully repaid and reimbursed to
Tenant.
9. Alterations and Additions.
9.1. Landlord’s Consent. Tenant may not make any improvements, alterations,
additions, or changes to the Premises (“Alterations”) without first obtaining Landlord’s prior
written consent. Any alterations made by Tenant shall be at Tenant’s sole cost.
9.2. Consent Procedure. Tenant shall request such consent by written notice to
Landlord, which must be accompanied by the plans and specifications for the proposed work.
Landlord shall either give or withhold its consent within ninety (90) days following receipt by
Landlord of Tenant’s request for consent. If Landlord fails to give or withhold its consent in
writing within said ninety (90) day period, Landlord shall be deemed to have given its consent to
the proposed Alteration. Landlord hereby waives any processing and inspection fees associated
with any applications to the City of Saratoga provided, however, that said waiver shall not apply
to the costs incurred by Landlord in connection with any contract services required by the City of
Saratoga in order to process said applications. Prior to the commencement of any work, Tenant
shall post and record a Notice of Non-Responsibility on behalf of the Landlord.
9.3. Ownership of Alterations at End of Tenancy. Any Alterations made under this
Paragraph 9 shall be the property of Landlord and remain on and be surrendered with the
Premises upon expiration or termination of the Lease.
10. Insurance and Indemnification.
Tenant shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
Tenant’s operation and use of the leased premises. The cost of such insurance shall be borne
by the Tenant.
10.1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence
form CG 0001).
2. Workers’ Compensation insurance as required by the State of California and
Employer’s Liability insurance (for Tenants with employees).
3. Property insurance against all risks of loss to any tenant improvements or
betterments.
10.2. Minimum Limits of Insurance. Tenant shall maintain limits no less than:
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ATTACHMENT B
Page 6 of 14
1. General Liability: $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. Employer’s Liability: $1,000,000 per accident for bodily injury or disease.
3. Property Insurance: Full replacement cost of the non-structural interior of the
Premises, including all Tenant improvements, alterations,
fixtures and furnishings.
10.3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Landlord. At the option of the Landlord,
either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the Landlord, its officers, officials, employees and volunteers; or the Tenant shall
provide a financial guarantee satisfactory to the Landlord guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
10.4. Other Insurance Provisions. The general liability policy is to contain, or be
endorsed to contain, the following provisions:
1. The Landlord, its officers, officials, employees and volunteers are to be covered
as insureds with respect to liability arising out of ownership, maintenance or use
of that part of the premises leased to the Tenant.
2. The Tenant’s insurance coverage shall be primary insurance as respects the
Landlord, its officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the Landlord, its officers, officials, employees or
volunteers shall be excess of the Tenant’s insurance and shall not contribute
with it.
Each insurance policy required above shall contain, or be endorsed to contain, a waiver of all
rights of subrogation against the Landlord.
Each insurance policy required by this clause shall be endorsed to state that coverage shall not
be canceled, except after thirty (30) days’ (10 days for non-payment) prior written notice has
been given to the Landlord.
10.5. Auto Liability Insurance. Landlord specifies that coverage will be at least as
broad as form number CA 0001 (Edition 1/78) and be code 1 “any auto” and endorsement CA
0025, with limits of One Million Dollars ($1,000,000.00) per accident for bodily injury and
property damage. Tenant’s coverage is form numbers CA 0001 (Edited 6/92) and CA 0002
(Edited 1/87) with limits of One Million Dollars ($1,000,000.00) and is code 9 for any auto not
owned, leased, hired, etc.
10.6. Fire Insurance. Landlord specifies fire and extended coverage of al least Five
Thousand Dollars ($5,000.00) on Tenant’s personal property. Tenant’s coverage is Fifteen
Thousand Dollars ($15,000.00), replacement costs, with Two Hundred Fifty Dollars ($250.00)
deductible.
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ATTACHMENT B
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10.7. Workers’ Compensation and Employers Liability Insurance. Tenant agrees
to provide Workers’ Compensation and Employer’s Liability Insurance to employees and
volunteers in compliance with applicable law
10.8. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best’s rating of no less than A:VII, or otherwise acceptable to the Landlord.
5. 10.9. Waiver of Subrogation. Landlord and Tenant each hereby release and relieve the
other and waive their entire rights of recovery against the other for loss or damage arising out of
or incident to the perils insured against under this Paragraph 10, which perils occur in, on or
about the Premises, whether due to the negligence of Landlord or Tenant or their agents,
employees, contractors and/or invitees. Landlord and Tenant shall, upon obtaining the policies
of insurance required hereunder, give notice to the insurers that this mutual waiver of
subrogation is contained in the Lease and shall thereafter obtain evidence of the waiver by their
respective insurance carriers of any right of subrogation against the other..
10.10. Verification of Coverage. Tenant shall furnish the Landlord with original
certificates and endorsements effecting coverage required by this clause. All certificates and
endorsements are to be received and approved by the Landlord before the property is leased,
but failure to obtain prior to leasing shall not waive any obligation of the Tenant to meet these
requirements. The Landlord reserves the right to require complete, certified copies of all
required insurance policies, including endorsements required by these specifications at any
time.
10.11. Indemnification. Tenant agrees to indemnify and hold harmless Landlord and
its officers, officials, boards, commissions or committees from and against any and all claims,
demands, causes of action, damages, liabilities, costs or expenses, resulting from any negligent
acts or omissions by the Tenant, its agents, contractors, employees, volunteers, customers or
invitees in connection with Tenant’s occupancy of the Premises, the conduct of Tenant’s
business, and the performance of its obligations under the Lease, including its repair and
maintenance obligations. Landlord agrees to indemnify and hold harmless Tenant and its
officers, directors, agents, employees, members, and volunteers free from and against any and
all claims, demands, causes of action, damages, liabilities, costs or expenses, resulting from
any negligent acts or omissions by Landlord in connection with Landlord’s performance of its
obligations under the Lease, including its repair and maintenance obligations.
10.12. Notice of Claims. Each party to the Lease shall promptly notify the other of any
claim or of any occurrence which the party reasonably believes may give rise to a claim against
either party arising out of the ownership, occupation, use, maintenance, or repairs of the
Premises.
11. Damage or Destruction.
11.1. Damage Covered by Insured Loss. If at any time during the term of the Lease
there is damage which is an Insured Loss, Landlord shall, from the proceeds of the insurance
described in Paragraph 10, repair such damage and, if such insurance especially provides
therefor, Tenant’s fixtures, equipment or Alterations, as soon as reasonably possible and the
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Lease shall continue in full force and effect.
11.2. Damage Not Covered By Insurance. If at any time during the term of the Lease
there is damage which is not an Insured Loss, Tenant shall be responsible for damage to the
non-structural interior of the building, and Landlord shall be responsible for damage to the
structural interior and the exterior of the building, including walls, roof, gutters, drains, yard,
walkways, sidewalks, driveways, and parking areas. Tenant’s maximum liability under this
provision shall be limited to the replacement cost of the non-structural interior with like kind and
quality, excepting for destruction caused by flood, earthquake, seismic activity, and other
natural disasters.
11,3. Destruction of Premises. In the event of destruction either party may terminate
this Agreement.
11.4. Rent Abatement Due to Damage. If the nature or severity of any damage to the
Premises is such that Tenant’s use of the Premises is impaired (“the Damage”), Landlord and
Tenant agree that Tenant’s rent shall be fully abated during the period beginning on the later of
(a) the date of the Damage or (b) the date on which Tenant ceases to occupy the Premises and
ending on the date of substantial completion of Landlord’s restoration of the Premises, as
provided in this Article 11.
11.5. Tenant’s Remedies. If Landlord shall be obligated to repair or restore any part of
the Premises under the provisions of sub-paragraph11.1 and does not make a good faith
attempt to commence such repair or restoration within sixty (60) days after receipt of the
insurance proceeds, Tenant may, at Tenant’s option, terminate the Lease by giving Landlord
written notice of Tenant’s election to do so at any time prior to the commencement of such
repair or restoration. If Tenant so elects, the Lease shall terminate as of the date of such notice.
11.6. Termination — Advance Payments. Upon termination of the Lease pursuant to
this Paragraph 11, Landlord shall return to Tenant any advance Rent or other advance payment
made by Tenant to Landlord, including Tenant’s Security Deposit.
12. Defaults and Remedies.
12.1. Tenant’s Default. The occurrence of any of the following shall constitute a
default by Tenant and breach of the Lease:
(A) Tenant’s failure to pay when due any rent required to be paid under the
Lease if the failure continues for thirty (30) days after written notice of the failure from Landlord
to Tenant;
(B) Abandonment by Tenant of the Premises, provided that Tenant shall not be
required to conduct its business at the Premises while Tenant is prevented from doing so by
reason of any partial or complete damage, destruction or condemnation or by any other reason
beyond Tenant’s control; or
(C) Tenant’s failure to perform any other obligation under the Lease if the failure
continues for thirty (30) days after written notice of the failure from Landlord to Tenant. If the
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required cure of the noticed default cannot be completed within thirty (30) days, Tenant’s failure
to perform shall constitute a default under the Lease unless Tenant undertakes to cure the
failure within thirty (30) days and diligently and continuously attempts to complete the cure as
soon as reasonably possible.
12.2. Landlord’s Remedies on Tenant’s Default. On the occurrence of Tenant’s
default under the Lease, Landlord may terminate the Lease and recover possession of the
Premises. Once Landlord has terminated the Lease, Tenant shall, within ninety (90) days,
surrender the Premises to Landlord.
12.3. Landlord’s Default. Except as provided in Paragraph 8.3.2., Landlord shall be
in default and breach of the Lease if it fails to perform any of its obligations under the Lease if
the failure continues for thirty (30) days after written notice of the failure from Tenant to
Landlord. If the required cure of the noticed default cannot be completed within thirty (30) days,
Landlord’s failure to perform shall constitute a default under the Lease unless Landlord
undertakes to cure the failure within thirty (30) days and diligently and continuously attempts to
complete the cure as soon as reasonably possible.
12.4. Tenant’s Remedies on Landlord’s Default. On the occurrence of a default by
Landlord, Tenant may terminate the Lease and surrender possession of the Premises to
Landlord. Once Tenant has terminated the Lease, Tenant’s obligations under the Lease shall
cease, including the payment of rent and Landlord shall repay to Tenant all prepaid rent that
has not been credited to Tenant’s account as of the date Tenant surrenders the Premises to
Landlord.
13. Termination.
13.1. Landlord’s Right to Terminate. Notwithstanding the provisions of paragraph 12,
above, Landlord may after notice and public hearing, and upon a determination of necessity due
to unforeseen circumstances, terminate the Lease and take possession of the Premises upon a
decision of the Saratoga City Council and twelve (12) months written notice to Tenant. In the
event of such election and notice by Landlord, the Lease will terminate on the last day of the
twelve (12) months written notice.
13.2. Tenant’s Right to Terminate. Landlord and Tenant agree and acknowledge
that Tenant’s used bookstore on the Premises is operated and staffed entirely by Tenant’s
volunteers. If during the term of the Lease or any Option Term Tenant is no longer able, at
Tenant’s sole discretion, to operate the bookstore, Tenant may, upon six (6) months written
notice to Landlord, elect to terminate the Lease. In the event of such election and notice by
Tenant, the Lease will terminate on the last day of the six (6) month written notice.
14. Access. Tenant shall have full and unimpaired access to the Premises at all times.
Landlord shall have the right to enter the Premises at reasonable times for the purpose of
inspecting the same and for repair and maintenance obligations.
15. Assignment and Subletting. Tenant shall not voluntarily or by operation of law assign,
transfer, mortgage or otherwise transfer or encumber or sublet all or any part of Tenant’s
interest in the Lease or in the Premises without Landlord’s prior written consent.
158
ATTACHMENT B
Page 10 of 14
17.3. Mediation. If within thirty (30) days after receipt of a Dispute Notice, the Parties
have not been able to come to a mutually satisfactory resolution, then either party may refer the
matter to mediation for informal advice and/or resolution. The Parties shall agree upon a
mediator to assist them in resolving their differences. If the Parties are unable to agree upon a
mediator, the Parties shall jointly obtain a list of seven (7) mediators from a reputable dispute
resolution organization and alternate striking mediators on that list until one remains. A coin toss
shall determine who may strike the first name. If a party fails to notify the other party of which
mediator it has stricken within two (2) business days, the other party shall have the option of
16. Notices. Any notice required or permitted to be given under the Lease must be in writing
and may be given by personal delivery, certified mail, or U. S. Postal Service Express Mail,
Federal Express or other express delivery service. Notices shall be deemed communicated
immediately if personally delivered. Notices shall be deemed communicated within forty-eight
(48) hours from the time of mailing if mailed by certified mail, and within twenty-four (24) hours if
mailed by express delivery service. If a notice is received on a Saturday, Sunday, legal holiday,
or any other day on which the City is closed for normal business, it shall be deemed received on
the next business day. Any notice shall be deemed sufficiently given if addressed to Landlord or
Tenant at the address specified below:
Landlord: City of Saratoga
City Hall
13777 Fruitvale Avenue
Saratoga, CA 95070
Attention: City Clerk
Tenant: Friends of the Saratoga Libraries
P.O. Box 2642
Saratoga, CA 95070
Attention: Retail Operations Manager
Either party may specify a different address for notice purposes, or specify that a copy of any
notice given to such party be concurrently given to another person by giving written notice to the
other party.
17. Dispute Resolution.
17.1. Cooperation. Landlord and Tenant (“the Parties”) recognize the benefits to both
the Parties of the use of the Premises to support the Saratoga Library. The Parties therefore
agree to cooperate in order to resolve disputes.
17.2. Meet and Confer. The Parties acknowledge that issues may arise that require
resolution between the Parties. The Parties agree to meet and confer in good faith to resolve
such issues. Tenant appoints the President of the Friends of the Saratoga Libraries, or his or
her designee, and Landlord appoints the City Manager, or his or her designee, as its
representative for dispute resolution. The party desiring to meet and confer shall notify the other
party in writing (“Dispute Notice”) of the subject matter of the dispute (“Contract Issue”) and the
Parties shall meet and confer at a mutually agreed upon date, time and location not less that
three (3) nor more than ten (10) days following the receipt of notice by the other party.
159
ATTACHMENT B
Page 11 of 14
selecting the mediator from those mediators remaining on the list. Any expenses incidental to
mediation shall be borne equally by the parties. If either party is dissatisfied with the outcome of
the mediation, that party may then submit the Contract Issue for resolution to binding arbitration
in accordance with subparagraph 19.4.
17.4. Arbitration of Disputes. Any Contract Issue that cannot be settled by mediation
may, upon the demand by either party, be submitted to binding arbitration by an Arbitrator. The
Arbitrator shall be JAMS, or if JAMS is not then in operation or is not then available, the
American Arbitration Association, and the arbitration shall be in accordance with the Arbitrator’s
then applicable rules, as amended by the following:
17.4.1. Any demand for arbitration shall be given in writing to the other party to
the Lease and to the Arbitrator. The demand shall specifically describe the Contract Issue,
including the amounts in controversy and/or other relief sought. A demand for arbitration shall
be made within a reasonable time after the right to demand arbitration under the Lease has
arisen, and in no event shall it be made after the date when institution of legal or equitable
proceedings based on such Contract Issue would be barred by the applicable statute of
limitations. A party who files a notice of demand for arbitration shall assert in the demand all
disputes arising under the Lease then known to that party.
17.4.2. The Contract Issue shall be heard by one arbitrator mutually selected by
the parties, or if the parties cannot agree on a single arbitrator within ten days following the
demand for arbitration, the Contract Issue shall be heard by an arbitrator selected in
accordance with the procedure for selection of a mediator in subparagraph 19.3, provided,
however, that the selected arbitrator will be a former trial judge of the federal or state courts in
California.
17.4.3. The arbitrator shall take reasonable steps as may be necessary to hold a
private hearing within sixty (60) days after the initial demand for arbitration and to conclude the
hearing within two (2) days thereafter. Not later than seven (7) days prior to the hearing date set
by the arbitrator each party shall submit a brief with a single proposal for settlement. Evidence
concerning the financial position of the parties, any offer made or the details of any negotiations
prior to arbitration and the cost to the parties of their representatives, selected arbitrators and
counsel shall not be permissible. The place of the arbitration hearing shall be Saratoga,
California.
17.4.4. The arbitrator may award only such relief or remedy as would be
available pursuant to judicial proceedings in a court of competent jurisdiction, including
injunctive and affirmative relief; except that the arbitrator may not award punitive damages. The
decision of the arbitrator shall be in writing.
17.4.5. NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE
AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE
“ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS
PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT
POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY
INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO
DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN
160
ATTACHMENT B
Page 12 of 14
THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO
ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO
SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION
OF DISPUTES” PROVISION TO NEUTRAL BINDING ARBITRATION IN ACCORDANCE WITH
THIS LEASE AGREEMENT.
Landlord’s Initials ________________ Tenant’s Initials__________________
18. General Provisions.
18.1. Whenever consent or approval of either party is required, unless otherwise stated
above, such consent or approval shall not be unreasonably withheld.
18.2. All exhibits and addenda referred to are attached to the Lease and incorporated
by reference.
18.3. The Lease shall be binding on and inure to the benefit of the parties and their
successors, except as provided in paragraph 16, above.
18.4. The Lease shall be construed and interpreted in accordance with the laws of the
State of California.
18.5. The definitions contained in the Lease shall be used to construe and interpret the
Lease.
18.6. The captions and the table of contents of the Lease shall have no effect on its
interpretation.
18.7. When required by the context of the Lease, the singular shall include the plural.
18.8. “Party” shall mean Landlord or Tenant, and if more than one person or entity is
Landlord or Tenant, the obligations imposed on that party shall be joint and several.
18.9. The unenforceability, invalidity, or illegality of any provision of the Lease shall not
render the other provisions unenforceable, invalid, or illegal.
18.10. Neither Landlord nor Tenant shall discriminate because of race, religion, color,
sex, ancestry, disability, or national origin against any person in the management, operation or
use of the Premises.
18.11. The Lease shall constitute the entire agreement between the parties, and shall
supersede in all respects the Lease Agreement dated February 6, 1998, by and between
Landlord and Tenant for the Premises, and any other agreements, either oral or written,
between the parties hereto with respect to the lease of the Premises.
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ATTACHMENT B
Page 13 of 14
18.12. Landlord and Tenant shall take reasonable measures to cooperate to apply for
grant funds that may become available form time to time from state, federal, international,
private, and public sources.
18.13. The specified remedies to which Landlord and Tenant may resort under the
terms of this Lease are cumulative and not intended to be exclusive of any other remedies
afforded by law. No covenant, term or condition or the breach thereof shall be deemed waived,
except by written consent of Landlord, and any waiver or the breach of any covenant, term or
condition shall not be deemed to be a waiver or any preceding or succeeding breach of the
same or other covenant, term or condition. Acceptance of all or any portion of rent at any time
shall not be deemed to be a waiver of any covenant, term or condition except as to the rent
payment accepted.
18.20. Each party shall bear its own legal costs.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
City of Saratoga Friends of the Saratoga Libraries
By: _________________________
Dave Anderson,
City Manager
Date: ________________________
By: _________________________
Sue Barrera,
FOSL President
Date: ________________________
Attest:
__________________________
Cathleen Boyer, City Clerk
Date: ________________________
By: _________________________
,
FOSL
Date: ________________________
Approved as to Form:
__________________________
Richard Taylor, City Attorney
Date: ________________________
By: _________________________
,
FOSL
Date: ________________________
162
ATTACHMENT B
Page 14 of 14
Approved as to Budget Authority &
Insurance:
__________________________
Mary Furey,
Administrative Services Director
Date: ________________________
163
SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Heather Bradley, Contract Planner DIRECTOR: John Livingstone, AICP
SUBJECT: Appeal of Variance and Design Review Application No. 07-233: 20640 Third
Street, which was approved by the Planning Commission allowing construction of a
new 3,798 square foot commercial building.
RECOMMENDED ACTION:
Deny the appeal, thus affirming the Planning Commission Variance and Design Review
Approval issued on September 26, 2007
REPORT SUMMARY: REPORT SUMMARY:
The applicant received Variance and Design Review approval to construct a new 3,798 square
foot commercial building (with a 1,142 square foot basement). The maximum proposed height is
30 feet, and the building coverage is 50% of the site. The gross lot size is 2,378 square feet, and
the site is located within the CH-1 zoning district. A Variance application is necessary to allow
development because the lot has a 48-percent average slope.
The appellant is requesting that the City Council overturn the Planning Commission’s Variance
and Design Review Approval granted on September 26, 2007, on the following grounds as
summarized by staff:
From Mr. Kwan Lee’s appeal letter dated October 8, 2007
1. There is not enough available parking for future office workers in the new building
and they will attempt to park in the Inn’s parking lot. The Inn will then have the added
expense of hiring a parking attendant to monitor the lot. The appellant contends that the
Planning Commission should have given more consideration to limited availability of
parking in the vicinity and the difficulty in monitoring the Inn’s parking lot.
2. One of the required Variance findings is that the project will not be…materially
injurious to properties or improvements in the vicinity. This project will be materially
injurious to the Inn in that it will be a financial burden to monitor the Inn’s parking
lot. The appellant contends that the Planning Commission should have considered that
granting the Variance would be materially injurious to the Inn as the immediate neighbor
to the project.
Page 1 of 3
164
The Planning Commissioners did discuss these issues at their Study Session of May 22, 2007
where the appellant was in attendance and had submitted a letter of opposition voicing similar
concerns as stated above. The Commission also discussed parking issues, as reflected in the
attached minutes. However, the City adopted a zoning text amendment, which relaxed all
parking requirements in the Village on January 18, 2006, and which became effective February
18, 2006. This new ordinance specified that no off-street parking would be required for
applications that were deemed complete between March 1, 2006, and February 28, 2009. This
amendment identified a parking surplus that would accommodate either construction of 41,850
square feet of new floor area or intensification of uses in the equivalent amount. So far five
businesses and new buildings have taken advantage of the relaxed parking requirements, which
have utilized a total of 8,594 square feet of floor area, thus leaving 33,256 square feet remaining.
With approval of this project the remaining available square footage would be 27,824 square
feet.
If this project were required to provide parking it is estimated that approximately 20 spaces
would need to be provided (purchased within the parking district) based on a mix of retail, office
and storage uses. If restaurant uses were proposed the amount of required parking spaces would
be higher.
The applicants have proposed making some improvements to the parking area located to the
south of the existing barn adjacent to Third Street. This would include re-striping the three
parking spaces at an approximately 45-degree angle and providing a small landscape buffer
adjacent to the barn and new building. Since the renovation of the barn is near completion, Staff
has included a condition within the attached Resolution, that the proposed landscaping and re-
striping be completed prior to issuance of building permits for the new structure.
Staff has also suggested to the appellants a way in which the Inn could cordon off their parking
spaces to prevent non-Inn guests from using the spaces on the Inn’s property. This could be done
with self-locking gates and key cards given to guests or with traffic cones if the costs of a gate
system is prohibitive.
FISCAL IMPACTS:
Not applicable.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The proposal for a new commercial building would be denied.
ALTERNATIVE ACTION:
Approve the appeal, denying the proposed project.
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Mailed notice to property owners within 500 feet, posted notice, and advertised the notice in the
Saratoga News.
Page 2 of 3
165
Page 3 of 3
ATTACHMENTS:
1. Resolution affirming Planning Commission approval of application 07-233.
2. Appeal applications and letters from appellants dated October 8, 2007, & March 22,
2007.
3. Planning Commission Staff Report dated September 26, 2007.
4. Excerpt of Minutes from the September 26, 2007 Planning Commission meeting.
5. Exhibit A, proposed building plans
166
Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SARATOGA DENING AN APPEAL; THEREBY AFFIRMING THE
PLANNING COMMISIION’S APPROVAL OF
VARIANCE AND DESIGN REVIEW APPLICATION 07-233
SAM CLOUD BARN L.P.; 20640 Third Street
WHEREAS, on September 26, 2007, following a public hearing at which time all
interested parties were given a full opportunity to be heard and present evidence the City of
Saratoga Planning Commission approved a Variance and Design Review application (No. 07-
233 approval to construct a commercial building located at 20640 Third Street, which is located
in the CH-1 (Commercial-Historic) zoning district; and
WHEREAS, on October 10, 2007, an appeal of the Planning Commission decision was
filed by Mr. Kwan Lee; and
WHEREAS, on November 7, 2007 the City Council held a public hearing to consider the
appeal at which time all interested parties were given a full opportunity to be heard and to
present evidence; and
WHEREAS, the City Council of the City of Saratoga has considered the appeal and all
testimony and other evidence submitted in connection therewith; and
WHEREAS, this Resolution of the City Council of the City of Saratoga dated November
7, 2007 does supercede and replace the Resolution of the Planning Commission #07-070 dated
September 26, 2007;
Now, therefore, be it resolved that the City Council of the City of Saratoga hereby:
I. Denies each of the appeals and affirms the Planning Commission’s approval of the
Variance and Design Review applications; and
II. Determines that the project, which includes construction of a 3,798 sq. ft. three-story
commercial building (with a 1,142 sq. ft. basement) located in an urbanized area, is categorically
exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (c)
New Construction or Conversion of Small Structures of the Guidelines for the Implementation of
CEQA. This exemption allows for new structures up to 10,000 square feet in urban areas; and
III. Determines that the applicant has met the burden of proof required to support said
application for design review approval and makes the following findings as specified in
Municipal Code Section 15-46.040:
Design Review Findings
The proposed project is consistent with all the following Multi-Family and Commercial
Design Review findings stated in Municipal Code Section 15-46.040:
Page 1 of 7
167
Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1
(a) Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious, Such features include height,
elevations, roofs, material, color and appurtenances. This proposal is only for one
commercial building, however the development is designed to minimize interference with
views and privacy to adjacent properties. The building is stepped down the hillside from
the adjacent barn and is also at a lower elevation than the Inn and other buildings in the
vicinity. The structure will not be visible from Big Basin Way because it is located
behind the Bella Saratoga and Harmony Spa building. It will also have limited visibility
from Fourth Street, but will be partially visible from the Third Street parking area in
District #3 and also from the lower Inn parking lot adjacent to Saratoga Creek and the
District #1 parking lot. The project proposes maintaining some existing vegetation in the
far south corner of the lot as well as adding new landscaping in small areas around the
structure. The structure is designed in a similar style and with similar materials as other
historic structures in the Village, especially resembling the Sam Cloud Hay and Feed
Warehouse, with horizontal shiplap siding, similar colors and metal roof. Therefore, this
finding can be made in the affirmative.
(b) Where more than one sign will be erected or displayed on the site, the signs shall have
a common or compatible design and locational positions and shall be harmonious in
appearance. The proposal does not include any signage. Future signage will be required
to meet the City sign code requirements and Village Design Guidelines. Therefore, this
finding can be in the affirmative.
(c) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation
systems to the maximum extent feasible; and to the maximum extent feasible it shall be
clustered in natural appearing groups, as opposed to being placed in rows or regularly
spaced. There is very little existing landscaping on the property. The applicants intend to
retain the one tree located at the southerly corner of the site. New landscaping will be
planted in areas at the front, adjacent to the parking lot, at the back adjacent to the
retaining wall and the side around the proposed patio. Therefore, this finding can be made
in the affirmative.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
non-reflective. The proposed colors and materials will blend with the natural landscape
and be non-reflective. Further, the use of colors, materials and detailing add interest and
articulation to the buildings. Therefore, staff is able to make this finding in the
affirmative
(e) Roofing materials shall be wood shingles, wood shakes, tile or other materials such as
composition as approved by the Planning Commission. No mechanical equipment shall
be located upon a roof unless it is appropriately screened. The proposed colors and
materials will blend with the natural landscape and be non-reflective. Further, the use of
colors, materials and detailing add interest and articulation to the buildings. Therefore,
this finding can be made in the affirmative.
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168
Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1
(f) The proposed development shall be compatible in terms of height, bulk and design with
other structures in the immediate area. The proposed project will be compatible with
other developments in the Village. The area is mostly comprised of two and three-story
structures of approximately the same height and bulk. While the architectural styles vary
this proposal will be compatible. Therefore, this finding can be made in the affirmative.
IIII. Determines that the applicant has met the burden of proof required to support the Area J-
Village Goals
Area Plan J - The Village - Guideline # 7: Encourage development of types of
establishments with structures designated to maintain a ‘country’ atmosphere. All new
structures in the Village should be designed to promote an historic area of the City.
The architectural style of the proposed building is in keeping with the historic nature of
the Village and is designed to be compatible with the Sam Cloud Hay and Feed
Warehouse as well as the more modern Inn at Saratoga. The metal roof, wood siding and
wood trim windows lend to this historic feel.
V. Determines that the applicant has met the burden of proof required to support the Land
Use Policy of the General Plan
Land Use Policy LU 7.1 - The City shall consider the economic impacts of all land use
decisions on the City. The project proposes to locate a new building on the site,which
will enhance economic opportunities within the City.
VI. Determines that the applicant has met the burden of proof required to support said
application for Variance approval, in accordance with the following findings of Saratoga
Municipal Code Section 15-70.060:
(a) That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, strict enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by the owners of other properties in
the vicinity and classified in the same zoning district. Due to the steep topography of
the site, construction of any structure would not be possible without the granting of a
Variance and the property is a legal lot of record. Staff has determined that the structure
is consistent with all of the Design Review findings and that denying the development
due to slope would be an undue hardship and deprive the applicant privileges enjoyed by
other property owners and businesses in the vicinity. Therefore, this finding can be made
in the affirmative.
(b) That the granting of the variance will not constitute a grant of special privilege
inconsistent with the imitations on other properties in the vicinity and classified in the
same zoning district. Granting of this Variance request would not be a grant of special
privilege in that many of the buildings in this part of the Village would have been
developed on properties with a similar slope at a time that predates City Zoning Code
regulations. Therefore, this finding can be made in the affirmative.
(c) That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The
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169
Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1
granting of this Variance would not be detrimental to the public health, safely or welfare
or materially injurious to properties or improvements in the vicinity. The building will be
required to meet the current California Building Code Standards and has received a
Geotechnical Clearance conditions that will be met. Therefore, this finding can be made
in the affirmative.
VII. After careful consideration of the site plan, architectural drawings, plans and other exhibits
submitted in connection with this matter, application number 07-233 for Variance and Design
Review Approval is hereby granted subject to the following conditions:
COMMUNITY DEVELOPMENT
1. The development shall be located and constructed as shown on “Exhibit A” (incorporated
by reference, date stamped September 5, 2007) as modified on Sheet L to require potted
plants in the entry area off Third Street selected by the project landscape architect and
subject to approval by the Community Development Director and in addition signage
substantially similar to that shown on the photograph submitted by the Applicant to the
Planning Commission at the September 26, 2007 Public Hearing and located adjacent to
the entrance to the Sam Cloud Barn building near the bridge. All of the foregoing shall
be subject to the conditions state in this Resolution. Any proposed changes-including but
not limited to façade design and materials – to the approved plans shall be submitted in
writing with a clouded set of plans highlighting the changes. Proposed minor changes to
the approved plans may be made subject to the prior approval of the Community
Development Director.
2. Prior to Zone Clearance, the Plans, “Exhibit A” shall be modified to show the retaining
wall located on City Property (within Parking District #1 adjacent to the westerly side of
the subject property) relocated onto the subject property line.
3. Any proposed minor changes-including but not limited to façade design and materials –
to the approved plans shall be submitted in writing with a clouded set of plans
highlighting the changes. No downgrading in the exterior appearance of the approved
residence will be approved by staff. Downgrades may include but are not limited to
garage doors, architectural detailing, stonework, columns, shutters, driveway materials,
etc. Proposed changes to the approved plans are subject to the approval of the
Community Development Director and may require review by the Planning Commission
4. The project shall use materials and colors as illustrated on the Finish Materials Board.
5. Prior to Final Building Permit the retaining wall shall be rebuilt in accordance with City
Standards as specified by the Public Works Department.
6. Four sets of complete construction plans incorporating this Resolution as a separate plan
page shall be submitted to the Building Division.
7. The proposed use shall at all times operate in compliance with all regulations of the City
and/or other agencies having jurisdictional authority over the use pertaining to, but not
limited to, health, sanitation, safety, and water quality issues.
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Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1
8. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the LLS of record shall provide a written certification that all
building setbacks are per the approved plans.”
9. A stormwater retention plan shall be submitted to the City for review and approval
indicating how all storm water will be retained on-site to the maximum extent feasible,
and incorporating the New Development and Construction – Best Management Practices.
If not all stormwater can be retained on site, drainage in compliance with Condition 11
shall be included in the Building Permit Plans in a manner satisfactory to the Community
Development Director.
10. Post construction water quality mitigation shall be implemented in accordance with
measures found in the “Start at the Source – Design Guidance Manual for Stormwater
Quality Protection” prepared for the Bay Area Stormwater Management Agencies
Association.
11. Site drainage shall be dispersed across landscape or vegetated area and not allowed to
discharge as concentrated flow to Saratoga Creek.
12. A wooden sign as shown in the photograph presented by the Applicant to the Planning
Commission at the September 26, 2007 public Hearing and of the same style as the sign
for Village Square on Big Basin Way shall be constructed adjacent to the entrance to the
Sam Cloud Barn building near the bridge. This sign shall be in compliance with all
pertinent regulations of Article 15-30 of the Zoning Ordinance.
13. Prior to issuance of a Building Permit for the new structure the applicant/owner shall re-
stripe and install landscaping along the three parking spaces adjacent to the Sam Cloud
Hay and Feed Warehouse in Parking District # 3, as shown on sheet L-1 of the plans,
Exhibit “A”.
14. Prior to issuance of Zoning Clearance for the proposed tenant improvements, the
owner/applicant/tenant shall submit to and obtain approval from the Community
Development Department for a business license.
15. Prior to issuance of the Building Permit, the owner shall provide an access easement from
the Sam Cloud Barn property owner for access to this development as shown on the plans
marked Exhibit “A” and the language for the proposed access easement shall be subject
to the prior approval of the Community Development Director and the City Attorney.
Once the language for the access easement is approved by said City officials, the access
easement shall be recorded with the County recorder of the County of Santa Clara and an
endorsed copy of such recorded document shall be submitted to the City’s Community
Development and Public Works Departments.
PUBLIC WORKS
16. An Encroachment Permit issued by the Public Works Department is required for all
improvements in any portion of the public right-of-way or of a public easement.
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Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1
17. The owner/applicant is responsible for all damages to curb/gutter, parking lot, and the
public street as a result of project construction. The Public Works Engineer will
determine if any repair is required prior to final occupancy approval.
18. Any existing sanitary sewer lateral proposed to be reused must be televised by West
Valley Sanitation District and approved by the City and the District before reuse.
19. The Project Geotechnical Engineer shall review and approve all geotechnical aspects
of the final construction plans for the barn expansion/supplemental addition (i.e. site
preparation and grading, site drainage improvements and design parameters for
building foundations, and retaining walls) to ensure that plans, specifications and
details accurately reflect the consultants’ recommendations. The results of the plan
review(s) shall be summarized by the Project Geotechnical Engineer in a letter(s) and
submitted to the City Engineer for review prior to issuance of permits.
20. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all
geotechnical aspects of project construction. The inspections shall include, but not
necessarily be limited to: site preparation and grading, site surface and subsurface
drainage improvements, and excavations for fill placement, and foundation
construction prior to placement of fill, steel and concrete. The consultant shall
specifically inspect construction of temporary shoring walls to confirm adequate
geotechnical stability of temporary slope support measures. The results of these
inspections and the as-built conditions of the project shall be described by the
geotechnical consultant in a letter and submitted to the City Engineer for review prior
to final (as-built) Project Approval.
21. The owner (applicant) shall pay any outstanding fees associated with the City
Geotechnical Consultant’s review of the project prior to Zone Clearance.
22. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless
from any claims or liabilities caused by or arising out of soil or slope instability, slides,
slope failure or other soil related and/or erosion related conditions.
FIRE DEPARTMENT
23. The applicant shall comply with all requirements of the Saratoga Fire Protection District.
CITY ATTORNEY
24.Owner and Applicant shall indemnify, hold harmless and defend the City, its employees,
agents, independent contractors and volunteers (collectively “City”) from any and all
costs and expenses, including but not limited to attorney's fees incurred by the City or
held to be the liability of City in connection with City's defense in any proceeding
brought in any State or Federal Court, challenging the City's action with respect to the
applicant's project or contesting any action or inaction in the City’s processing and/or
approval of the subject application.
PERMANENT CONDITIONS OF APPROVAL
25. Condition No. 15 above shall be a permanent condition of this Design Review Approval.
Page 6 of 7
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Application No. 07-233 – Appeal of Variance and Design Review– 20640 Third Street Attachment 1
Page 7 of 7
Section 2. Construction must be commenced within 36 months from the date on which
this Use Permit became effective or approval will expire.
Section 3. All applicable requirements of the State, County, City and other Governmental
entities must be met.
Section 4. Unless appealed pursuant to the requirements of Article 15-90 of the Saratoga
City Code, this Resolution shall become effective fifteen (15) days from the date of adoption.
PASSED AND ADOPTED by the City Council of Saratoga. State of California, the 7th day of
November 2007 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Aileen Kao, Mayor
ATTEST:
____________________________________
Cathleen Boyer, CMC
City Clerk
This permit is hereby accepted upon the express terms and conditions hereof, and shall have no
force or effect unless and until agreed to, in writing, by the Applicant, and Property Owner or
Authorized Agent. The undersigned hereby acknowledges the approved terms and conditions
and agrees to fully conform to and comply with said terms and conditions within the
recommended time frames approved by the City Planning Commission.
__________________________________ _________________________
Property Owner or Authorized Agent Date
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REPORT TO THE PLANNING COMMISSION
Application No. & Location: 07-233; 20640 Third Street
Type of Application: Design Review and Variance
Applicant/Owner: The Sam Cloud Barn L.P. (owner)
Staff Planner: Heather Bradley, Contract Planner
Meeting Date: September 26, 2007
APN: 503-24-073 Department Head:_____________
John F. Livingstone, AICP
20640 Third Street
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EXECUTIVE SUMMARY
CASE HISTORY
Application filed: 01/25/07
Application complete: 09/05/07
Notice published: 09/12/07
Mailing completed: 09/06/07
Posting completed: 09/20/07
PROJECT DESCRIPTION
The applicant requests Design Review, and Variance approval to construct a new commercial
building next to the historic Sam Cloud Hay and Feed Warehouse (hereafter referred to as the
“barn”). The proposed structure is three stories with a basement. The street level is adjacent to
Third Street while the basement level will have an entry door adjacent to Parking District #1.
The total proposed square footage is approximately 3,798 square feet with an additional 1,142
square feet of basement area. The maximum proposed height is 30 feet. The building coverage is
50% of the site. The gross lot size is 2,378 square feet, and the site is located within the CH-1
zoning district. A Variance application is necessary to allow development because the lot has a
48-percent average slope.
PERMANENT CONDITIONS
No permanent conditions of approval are required.
STAFF RECOMMENDATION
Approve the Design Review, and Variance applications by adopting the attached Resolutions.
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PROJECT DATA
ZONING: CH-1 - Commercial Historic District.
GENERAL PLAN DESIGNATION: CR - Retail Commercial/Village
MEASURE G: Not applicable.
PARCEL SIZE: 2,378 square feet
SQUARE FOOTAGE OF COMMERCIAL SPACE: 3,798 square feet (with an additional 1,142 square
feet of basement area)
AVERAGE SITE SLOPE: 48%.
GRADING REQUIRED: 338.5 cubic yards of cut (an additional 117 cubic yards of cut has already
been removed from the site to accommodate a retaining wall required to shore up the area around
the existing trash enclosures)
ENVIRONMENTAL DETERMINATION
The proposal is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15303 (c) New Construction or Conversion of Small Structures: “A store,
motel, office, restaurant or similar structure not involving the use of significant amounts of
hazardous substances, and not exceeding 2,500 square feet in floor area. In urbanized areas, the
exemption also applies to up to four such commercial buildings not exceeding 10,000 square feet
in floor area on sites zoned for such use, if not involving the use of significant amounts of
hazardous substances where all necessary public services and facilities are available and the
surrounding area is not environmentally sensitive.”
PROPOSED EXTERIOR MATERIALS AND COLORS
The proposed colors and materials will be compatible with those found on the barn located on
the property next door. These include yellow siding in a shade darker than the barn, wood
trimmed windows painted white, a corrugated metal roof and exterior horizontal wood siding.
The existing retaining wall will be replaced and will have a stone veneer of a compatible historic
style. A color board will be available at the public hearing.
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PROJECT DATA TABLE
Proposal Code Requirements
Building Site
Coverage
Impervious
Floor Area
New structure:
Building, patios/decks:
TOTAL:
Street Floor:
Ground Floor:
Sub-Ground Floor:
Basement:
TOTAL:
Proposed: 50%
1,266 sq. ft.
Proposed:
1,787 sq. ft. (70%)
1,266 sq. ft.
1,266 sq. ft.
1,266 sq. ft.
(1,142) sq. ft.
3,798 sq. ft.
Maximum Allowable: 80% =
2,228.00 sq. ft. max.
No Maximum: In commercial
zones the site coverage includes
structures only and places no
limitation on impervious
coverage.
No Maximum: The floor area is
limited only by the building
coverage limitation of 80% of
lot size and by the building
height limit of 35 feet.
Setbacks Minimum Proposed Minimum Requirement
For all structures
Front:
Rear:
North Side:
South Side:
0 ft.
0 – 5 ft. (varies)
0 ft.
0 - 5 ft. (varies)
No Minimum: There are no
setback requirements in the
CH-1 Zoning District.
Height in feet
I. Lowest elevation pt.
II. Highest elevation pt.
III. Average
IV. Topmost pt. of structure
V. Maximum height
I. 476.0
II. 505.9
III. 496.9
IV. 515.7
V. 30.0
Maximum Allowable:
35 ft.
PROJECT DISCUSSION
The applicants are proposing to construct a new commercial building on a vacant parcel located to the
south of the historic Sam Cloud Hay and Feed Warehouse (barn). The building will consist of
approximately 3,798 square feet of commercial retail and office space on three levels with a basement.
The structure has been designed to be compatible with the recently renovated historic barn as well as
the colors and materials of the barn. The uses of the tenant spaces within the proposed building have
not been established, however professional office and personal service businesses are permitted on the
lower floors and could be approved with a Conditional Use Permit on the street level. Retail could be
located on any level and restaurants would need a Use Permit to locate on any level.
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History
The applicant initially filed the applications 0n January 25, 2007. The proposal was reviewed by the
Historic Preservation Commission (HPC) at their meeting of March 13, 2007. At that meeting the HPC
determined that the proposed project was consistent with the Secretary of the Interior Standards for
additions to historic structures and voted to recommend approval of the project. Since that meeting, the
project has been reduced in scope and size by approximately 1,800 square feet. The new structure is
now a separate building, no longer an addition to the barn. However, both of these changes are
consistent with what the HPC reviewed and staff has not required further HPC approval.
The Planning Commission has reviewed various plans at their Study Session meetings of May 22,
2007, July 11, 2007, and August 22, 2007. At each of the last two meetings the applicant presented
revised plans and received feedback and further direction from the Commission. The Commission had
initial concerns that the structure was too large and lacked adequate architectural articulation. The
architect has made several changes to the plans including; reducing the overall square footage,
recessing portions of the structure and creating both recessed balconies and overhanging balconies,
enlarging the windows, and adding an entry door into the basement level adjacent to the parking lot on
Fourth Street.
Correspondence and Neighbor Review
Staff has sent notices to all property owners within 500 feet of the site for each of the three Study
Sessions. Staff has received one letter of concern from the owner of the Inn at Saratoga. The letter is
attached to this report for reference. The primary concerns are of building mass and visual impacts to
this area of the Village, and lack of available parking. The applicant did obtain many letters from
neighboring and surrounding property owners and businesses on Big Basin Way in support of the
project. These have been attached for reference.
Parking and Circulation
The site is located in the Village Parking District # 3, although Parking District # 1 surrounds it on
three sides. The City of Saratoga has recently adopted a zoning text amendment, which relaxes all
parking requirements in the Village. This ordinance was adopted on January 18, 2006, and became
effective February 18, 2006. The new ordinance specifies that no off-street parking shall be required
for applications that are deemed complete between March 1, 2006, and February 28, 2009. This
amendment identifies a parking surplus that would accommodate either construction of 41,850 square
feet of new floor area or intensification of uses in the equivalent amount. So far five businesses and
new buildings have taken advantage of the relaxed parking requirements, which have utilized a total of
8,594 square feet of floor area, thus leaving 33,256 square feet remaining. With approval of this
project the remaining available square footage would be 27,824 square feet.
If this project were required to provide parking it is estimated that approximately 20 spaces would
need to be provided (purchased within the parking district) based on a mix of retail, office and storage
uses. If restaurant uses were proposed the required parking spaces would be more.
The applicants have proposed making some improvements to the parking area located to the south of
the barn adjacent to Third Street. This would include re-striping the three parking spaces at an
approximately 45-degree angle and providing a small landscape buffer adjacent to the barn and new
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building. Since the renovation of the barn is near completion, Staff has included a condition within the
attached Resolution that the proposed landscaping and re-striping be completed prior to issuance of
building permits for the new structure.
Trash Enclosures
Two existing trash containers are located at the ground level adjacent to the site on City owned
property. These are enclosed within two concrete block structures with wood slatted gates. The
applicants are proposing to change the gates to a solid wood appearance.
Geotechnical/Grading
The project has obtained a geotechnical clearance with conditions that have been added in the
Resolution for this project. The project proposes a total cut of 338.5 cubic yards, which includes
excavation of the basement. An additional 117 cubic yards of cut has already been removed from the
site to accommodate a retaining wall that was required to shore up the area around the existing trash
enclosures.
Arborist Review
The City Arborist has not reviewed this application. There is one tree located in the far southwesterly
corner of the site that will be retained.
Landscaping
Proposed landscaping consists of trailing flowers located behind the proposed retaining wall, potted
annuals on the patio and small shrubs and flowering plants near the front entrance facing Parking
District # 3 off of Third Street.
Green Building Techniques
The applicant proposing green building materials such as; insulated concrete with byproduct fly ash
(less waste), engineered wood and/or Forestry Certified wood (sustainibly managed and harvested),
zero-VOC paint, low-VOC adhesive, energy efficient windows and insulation. The project will be cut
into the hillside so that the lower floors can take advantage of passive insulation and the building is
somewhat oriented in the east-west direction to take advantage of solar exposure. The applicant will
have a Green Building Techniques list available at the Public Hearing.
VILLAGE PLAN AND VILLAGE DESIGN GUIDELINES CONFORMITY
The City adopted the Saratoga Village (Specific) Plan in 1988 to encourage future development in the
Village while protecting its historical significance. The following are objectives stated in that plan that
are pertinent to this project:
• Encourage new buildings and renovations that are harmonious with adjacent buildings
and with the existing Village design context as a whole, and as examples of design
excellence.
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• Adhere to the Village character of visual simplicity, depend on materials and the
placement and articulation of basic architectural elements (e.g. windows and doors, open
spaces, rooflines, etc.) for their visual interest rather than on surface ornamentation or the
arbitrary imposition of stylistic elements.
• One material, color and texture should be used for the whole façade and for any side
walls that will permanently or for any extended period be seen from public rights-of-way
or from neighboring properties, excepting that different materials, colors and textures
may be used for architectural details.
• Where possible, the materials and colors of the new buildings should be compatible with
adjacent existing buildings.
• Where possible, the forms of the new building (e.g., roof lines, elevation and rhythm or
windows, etc.) should be compatible with adjacent existing buildings.
In response to the objectives of Village (Specific) Plan, the City adopted the Village Design
Guidelines in 1991 to assist the City in carrying out many of the policies and goals of the Village
(Specific) Plan. The following objectives of the Village Design Guidelines are pertinent to this
project.
• To encourage new construction and renovation of existing buildings that is compatible
with adjacent buildings with the Village design context as a whole, and as examples of
design excellence.
• Acceptable materials and textures include: horizontal wood siding, smooth finish brick,
stucco with a light finish and painted surface, transparent glass, natural river rock or
stone, anodized metal, treated with an attractive finish, tile with a matte finish, concrete
textured or painted to reduce the massive appearance, architectural details in wood or
caste plaster, wood window frames and moldings, painted steel sash or anodized metal.
Staff finds that this proposal is consistent with the objectives stated above in that: the proposed design
is harmonious with adjacent buildings and the Village as a whole, the bulk and massing of the building
is consistent with that of neighboring buildings and some of the larger buildings found in the Village.
The proposed materials and colors, as well as window and door spacing are consistent with the
objectives of harmony, compatibility, visual simplicity and architectural interest without being overly
stylistic. The wide shiplap siding, wood trim and double hung windows are compatible with materials
found on other historic structures in the vicinity and on buildings throughout the Village. The building
takes advantage of windows and recessed balconies to provide visual breaks rather than exterior
embellishments.
GENERAL PLAN FINDINGS
Approval of the proposed project would be consistent with the following General Plan Goals and
Policies as discussed below:
• Land Use Policy LU 7.1: The City shall consider the economic impacts of all land use
decisions on the City.
The project proposes to locate a commercial building on the site with approximately 1,266 square feet
of retail on the street level and approximately 2,532 square feet of other areas that could be used for
office, personal services or retail. The mix of retail and office use will help the Village by bringing in
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more people to work, shop and dine. The project will further offer an economic benefit by creating
commercial space on a vacant parcel.
• Area Plan J - The Village - Guideline # 7: Encourage development of types of
establishments with structures designed to maintain a ‘country’ atmosphere. All new
structures in the Village should be designed to promote an historic area of the City.
The architectural style of the proposed building is in keeping with the historic nature of the Village
and is designed to be compatible with the Sam Cloud Hay and Feed Warehouse as well as the more
contemporary Inn at Saratoga. The metal roof, wood siding and wood trim windows lend to this
historic feel.
DESIGN REVIEW
The proposed structure is designed to be architecturally similar in style to the existing barn, which was
built as a warehouse for the Cloud-Smith General Store building, now occupied by Harmony Day spa and
Bella Saratoga restaurant. The proposed structure is designed with wide shiplap siding; enclosed
balconies with wood railings, a corrugated metal roof, wood trim double hung windows, glass doors and
stone veneer on the proposed retaining wall.
DESIGN REVIEW FINDINGS FOR MULTI-FAMILY AND COMMERCIAL
STRUCTURES
The proposed project supports the findings for Design Review approval subject to City Code 15-
46.040:
(a) Where more than one building or structure will be constructed, the architectural
features and landscaping thereof shall be harmonious, Such features include height,
elevations, roofs, material, color and appurtenances. This proposal is only for one
commercial building, however the development is designed to minimize interference with
views and privacy to adjacent properties. The building is stepped down the hillside from
the adjacent barn and is also at a lower elevation than the Inn and other buildings in the
vicinity. The structure will not be visible from Big Basin Way because it is located
behind the Bella Saratoga and Harmony Spa building. It will also have limited visibility
from Fourth Street, but will be partially visible from the Third Street parking area in
District #3 and also from the lower Inn parking lot adjacent to Saratoga Creek and the
District #1 parking lot. The project proposes maintaining some existing vegetation in the
far south corner of the lot as well as adding new landscaping in small areas around the
structure. The structure is designed in a similar style and with similar materials as other
historic structures in the Village, especially resembling the Sam Cloud Hay and Feed
Warehouse, with horizontal shiplap siding, similar colors and metal roof. Therefore, this
finding can be made in the affirmative.
(b) Where more than one sign will be erected or displayed on the site, the signs shall have
a common or compatible design and locational positions and shall be harmonious in
appearance. The proposal does not include any signage. Future signage will be required
to meet the City sign code requirements and Village Design Guidelines. Therefore, this
finding can be in the affirmative.
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(c) Landscaping shall integrate and accommodate existing trees and vegetation to be
preserved; it shall make use of water-conserving plants, materials and irrigation
systems to the maximum extent feasible; and to the maximum extent feasible it shall be
clustered in natural appearing groups, as opposed to being placed in rows or regularly
spaced. There is very little existing landscaping on the property. The applicants intend to
retain the one tree located at the southerly corner of the site. New landscaping will be
planted in areas at the front, adjacent to the parking lot, at the back adjacent to the
retaining wall and the side around the proposed patio. Therefore, this finding can be made
in the affirmative.
(d) Colors of wall and roofing materials shall blend with the natural landscape and be
non-reflective. The proposed colors and materials will blend with the natural landscape
and be non-reflective. Further, the use of colors, materials and detailing add interest and
articulation to the buildings. Therefore, this finding can be made in the affirmative.
(e) Roofing materials shall be wood shingles, wood shakes, tile or other materials such as
composition as approved by the Planning Commission. No mechanical equipment shall
be located upon a roof unless it is appropriately screened. The proposed structures will
use a metal roof similar to the roof on the existing historic barn next door. No
mechanical equipment is proposed on the roof. Therefore, this finding can be made in the
affirmative.
(f) The proposed development shall be compatible in terms of height, bulk and design with
other structures in the immediate area. The proposed project will be compatible with
other developments in the Village. The area is mostly comprised of two and three-story
structures of approximately the same height and bulk. While the architectural styles vary
this proposal will be compatible. Therefore, this finding can be made in the affirmative.
VARIANCE
Pursuant to City Code 15-19.020 (d), the average slope beneath a structure shall not exceed 30-percent
slope and no structure shall be built upon a slope that exceeds forty- percent natural slope at any
location under the structure between two five-foot contour lines. The average site slope of the property
is 48-percent, therefore, the Variance application is necessary to allow any structure to be built on this
parcel.
VARIANCE FINDINGS
The proposed project is supported by the findings for Variance approval subject to City Code 15-
70.060:
(a) That because of special circumstances applicable to the property, including size, shape,
topography, location or surroundings, strict enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by the owners of other properties in the
vicinity and classified in the same zoning district. Due to the steep topography of the site,
construction of any structure would not be possible without the granting of a Variance
and the property is a legal lot of record. Staff has determined that the structure is
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consistent with all of the Design Review findings and that denying the development due
to slope would be an undue hardship and deprive the applicant privileges enjoyed by
other property owners and businesses in the vicinity. Therefore, this finding can be made
in the affirmative.
(b) That the granting of the variance will not constitute a grant of special privilege
inconsistent with the imitations on other properties in the vicinity and classified in the
same zoning district. Granting of this Variance request would not be a grant of special
privilege in that many of the buildings in this part of the Village would have been
developed on properties with a similar slope at a time that predates City Zoning Code
regulations. Therefore, this finding can be made in the affirmative.
(c) That the granting of the variance will not be detrimental to the public health, safety or
welfare, or materially injurious to properties or improvements in the vicinity. The granting
of this Variance would not be detrimental to the public health, safely or welfare or
materially injurious to properties or improvements in the vicinity. The building will be
required to meet the current California Building Code Standards and has received a
Geotechnical Clearance conditions that will be met. Therefore, this finding can be made
in the affirmative.
CONCLUSION
Staff finds that all of the Design Review and Variance findings can be made in the affirmative and the
proposal is consistent with the General Plan.
STAFF RECOMMENDATION
Staff recommends the Planning Commission find that this Application is not subject to CEQA review
and approve the request for Design Review and Variance approval by adopting the attached
Resolutions.
ATTACHMENTS
1. Resolution of Approval –Design Review & Variance
2. Statement of Variance findings submitted by the Applicant dated August 29th, 2007
3. Minutes from Heritage Preservation Commission meeting of March 13, 2007
4. Correspondence from Mr. Kwan Lee, Proprietor of the Inn at Saratoga dated May 22, 2007
5. Neighbor Notification forms
6. City of Saratoga Notice, Noticing Affidavit, and Noticing Labels
7. Plans, Exhibit "A"
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MINUTES
SARATOGA PLANNING COMMISSION
DATE: Wednesday, September 26, 2007
PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA
TYPE: Regular Meeting
Chair Hlava called the meeting to order at 7:00 p.m.
ROLL CALL
Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers and Zhao
Absent: None
Staff: Director John Livingstone, Contract Planner Heather Bradley and Assistant City
Attorney Jonathan Wittwer
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES – Regular Meeting of August 22, 2007.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner
Cappello, the Planning Commission minutes of the regular meeting of
August 22, 2007, were adopted with a correction to page 24. (7-0)
APPROVAL OF MINUTES – Regular Meeting of September 12, 2007.
Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner
Rodgers, the Planning Commission minutes of the regular meeting of
September 12, 2007, were adopted with corrections to pages 6,7 and 9. (4-
0-0-3; Commissioners Cappello, Kumar and Kundtz abstained)
ORAL COMMUNICATION
There were no oral communications.
REPORT OF POSTING AGENDA
Director John Livingstone announced that, pursuant to Government Code 54954.2, the
agenda for this meeting was properly posted on September 20, 2007.
CONSENT CALENDAR
There were no consent items.
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REPORT OF APPEAL RIGHTS
Chair Hlava announced that appeals are possible for any decision made on this
Agenda by filing an Appeal Application with the City Clerk within fifteen (15)
calendar days of the date of the decision, pursuant to Municipal Code 15-
90.050(b).
***
PUBLIC HEARING - ITEM NO. 1
Application #07-233 (APN 503-24-071/073) Sam Cloud Barn, L.P (Owner)
20640 3rd Street: The applicant requests Design Review and Variance Approval
to construct a new commercial building attached to the historic Sam Cloud Hay
and Feed Warehouse currently undergoing renovation. The proposed structure
is three stories with a full basement. Total square footage of the addition is 7,506
square feet and the maximum height is 35 feet. The maximum building coverage
is 77 percent of the site. The gross lot size is 4,187 square feet and the site is
zoned CH-1. The Variance application is necessary to allow development on a
lot with a 48 percent slope. (Heather Bradley)
Contract Planner Heather Bradley presented the staff report as follows:
• Reported that a list of green building construction for this proposed project
has been distributed this evening.
• Explained that the applicant is seeking Design Review and Variance
approvals for the construction of a three-story building with basement on a
vacant parcel located off 3rd Street and Big Basin Way. Each floor consists of
1,260 square feet with a 1,140 square foot basement. The coverage is at 50
percent and the maximum height is 30 feet.
• Stated that a Variance is needed because the average slope of this property
is greater than 30 percent.
• Said that the architectural style is an early-American Pioneer building form,
which matches the Sam Cloud Barn and Feed Store that is located next door.
The architect has tried to match all the materials and details found on the
Sam Cloud building while adding some features such as recessed and
hanging balconies.
• Advised that the two buildings are separated, however, the existing staircase
for the original Barn building will extend onto this property and will require an
access easement. Walkways will connect the two buildings.
• Said that a materials board is available.
• Explained that this project is revised since the last Study Session at which the
Commission saw it. The project has been discussed three times in Study
Sessions and has been substantially reduced in square footage from the
original proposal in May. They have separated the building from the original
Sam Cloud Barn and reduced it by approximately 2,000 square feet. They
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have eliminated a tower and added recessed balconies to the exterior
elevation, which faces the parking lot off 4th Street. By separating the
buildings, they have also deleted the proposed glass wall between the two
buildings.
• Reported that the Heritage Preservation Commission reviewed this project in
March against the Secretary of the Interior’s requirements for additions to
historic structures. However, since this is no longer connected to the Sam
Cloud Barn it is no longer considered an addition.
• Stated that there has been one letter of opposition submitted by Mr. Lee,
owner of Saratoga Inn. He expresses concerns with the loss of views of the
Sam Cloud building and increased demand for available parking in the
vicinity.
• Reminded that there is no parking required for this project as the City has
relaxed its parking requirement for the Village to encourage new businesses.
• Added that if required to provide parking, the requirement for this new building
would be approximately 20 spaces depending upon the mix of tenants. Three
angled parking spaces will be provided.
• Said that retail uses would be permitted on any floor of this building, as could
personal service businesses. A restaurant would require issuance of a
Conditional Use Permit.
• Stated that the applicant would like to copy the design of signage found at the
Village Square.
• Said that findings can be made and recommended that the Planning
Commission grant Variance and Design Review approvals with conditions.
City Attorney Jonathan Wittwer offered the following edits to the draft conditions:
• Condition 1 – add the word “minor” prior to changes.
• Condition 3 – add the word “minor” prior to changes.
• Condition 9 – add the text, “A storm water retention plan shall be submitted to
the City for review and approval indicating how all storm water will be retained
on site to the maximum extent feasible and incorporating the new
construction and best management practices. If not all storm water can be
retained on site, drainage in compliance with Condition 11 shall be in the
building plan in a manner satisfactory to the Community Development
Director.”
• Condition 12 – eliminate draft condition as it is from a previous project.
• Formerly Condition 13 and now new Condition 12 – add the text, “Prior to
issuance of the building permit, the applicant/owner shall provide an access
easement with the Sam Cloud Hay and Feed Warehouse and provide
language for the proposed access easement for approval by the City Attorney
and Community Development Director.”
• Old Condition 19 and now new Condition 18 – add text, “Existing sewer
lateral to be televised, if it is going to be used, to the satisfaction of the District
and City.”
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Commissioner Rodgers asked if there are conditions that need to be made
permanent, such as the easement.
City Attorney Jonathan Witter agreed that the easement needs to be permanent
and will be recorded. However, as that easement could also be rescinded later,
he recommends that the condition for an easement be made permanent.
Commissioner Cappello asked if the issue raised by the owner of the Saratoga
Inn is documented and part of the packet.
Planner Heather Bradley replied yes, it is in Attachment #4.
Chair Hlava pointed out that there are also nine forms supporting the project.
Commissioner Nagpal asked for verification that if the parking rules were not
relaxed the parking requirement for this project would be 20 spaces.
Planner Heather Bradley replied yes. She added that there is still 33,256 in area
still available.
Commissioner Nagpal asked if there is a provision requiring retail uses on the
ground floor.
Planner Heather Bradley said that this would be at the discretion of the Planning
Commission as this building is now separated from Big Basin Way so it would
allow for office and service uses on the first floor.
Commissioner Rodgers asked for clarification for the record on Mr. Lee’s
contention that there are parking spaces that are privately owned.
City Attorney Jonathan Wittwer said that this has been spelled out on the record.
Commissioner Rodgers said that Mr. Lee claims to own the first two rows of
parking.
City Attorney Jonathan Wittwer said that this is not a part of the required findings.
Commissioner Nagpal asked again whether retail uses are not being mandated.
Planner Heather Bradley replied correct.
Commissioner Rodgers asked for clarification regarding the use of the term
“engineered” wood versus actual wood.
Planner Heather Bradley said that the Barn used its former exterior wood on the
interior and the exterior was reconstructed of engineered wood.
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Commissioner Nagpal pointed out that the staff report calls out for 1,266 square
feet of retail on the first floor.
Planner Heather Bradley said that this is an error. That is not a requirement
under the zoning.
City Attorney Jonathan Wittwer said that the finding should be redrafted and
pointed out that Exhibit A does not show a particular mix of retail.
Director John Livingstone said that the new building was just recently
disconnected from the old. If they remained connected, the requirements for
retail on the first floor would apply. However, the new structure is completely
functional as an independent building. It is a separate parcel with a stand-alone
building.
Chair Hlava expressed concern with the finding requiring retail in the draft
resolution.
City Attorney Jonathan Wittwer said that finding would need to be modified.
Chair Hlava opened the public hearing for Agenda Item No. 1.
Mr. Craig Aubrey, Applicant:
• Said he is here with Mr. Bob Hausman.
• Thanked the Commission for its patience and reminded that this is the fifth
meeting on this project.
• Thanked staff, the Commission and Project Architect Warren Heid.
• Offered to provide a project overview.
• Reported that in 2005, this project started. They had two lots. The first
project was to improve the Sam Cloud Barn through restoration and re-
adaptation to commercial use. Now they are planning the second lot and
submitted the original proposal for that lot in January 2007. The Heritage
Preservation Commission reviewed the project in March and approved the
development of the site.
• Added that this Planning Commission conducted three study sessions in May,
July and August of this year. This public hearing before the Commission
tonight represents the fifth public meeting altogether on this project.
• Assured that they have listened and made lots of changes to the project that
he hopes to see approved tonight.
• Explained that they met with neighbors individually including the Cleaners at
3rd and Big Basin Way, the Harmony Day Spa, Bella Saratoga, the Nail Salon,
the Thai restaurant, the jewelry store, Blue Rock Shoot and Prophecy Skin
Care. They met with owners and/or retail tenants except for Mr. Lee.
• Expressed appreciation for their support.
203
• Said that they provided a data sheet on the concept of green building and
said they plan to do as many as they can. He described the steps taken to
preserve and reuse materials from the original Sam Cloud Barn building
during its remodel.
• Stated that this has been a long process and he thinks this is a better project
now than in its original form. It has been reduced in size by 20 percent. They
have added windows and recessed balconies, changed roofing height and
increased the visual impact of the entry.
• Said that they are very happy and proud of the proposed building and hope to
obtain approval this evening.
Commissioner Rodgers thanked Mr. Craig Aubrey for working with the City
through all of those meetings. She expressed her appreciation for that effort.
Commissioner Nagpal also extended her appreciation for their participation in
numerous study sessions. She reiterated her concern that there is no
requirement for retail and said that she expects a certain percentage of retail on
the first floor.
Mr. Craig Aubrey said that he is in commercial real estate. He added that they
have not begun to market this site as of yet and there are no tenants lined up.
He said that there have been some inquiries from interested retail uses.
Chair Hlava asked if the signs proposed for the new building are intended to be
the same as for the Barn.
Mr. Craig Aubrey said that they have not decided yet and can work with staff in
the future.
Chair Hlava said that she has real concerns about signage in the Village in that
she feels the Sign Ordinance is too restrictive. She stressed the importance in
finding these businesses. She said that regarding the entryway she believes that
there should be landscaping included there.
Mr. Craig Aubrey said he would defer this issue to their Landscape Architect, Jeff
Heid. He asked Architect Warren Heid if he has any comment on this issue.
Mr. Warren Heid, Project Architect, said he had talked to Jeff. It is pretty dark
there in the entry and once built they will take a look at what can be put in there.
He cautioned that this area is only five feet wide with minimum sun exposure. He
assured they would have a better idea the next time around.
Chair Hlava said she was really concerned about garbage pick up accessibility
and asked if there is enough room to access the garbage enclosure.
204
Mr. Warren Heid said that there would be more access space than is there right
now. He assured that yes they could back in.
Chair Hlava asked about new doors on the trash enclosures.
Mr. Warren Heid said that they would be better than what is there right now.
Chair Hlava said that plantings in pots would be sufficient for the entry area but
they will require light and water. She asked about conditioning this as a
requirement.
Planner Heather Bradley said that additional potted plans in the entry could be
added to the existing landscape plan.
Chair Hlava said she would like that.
Planner Heather Bradley said that the applicants would like to receive approval of
their sign tonight. It would be located adjacent to the Sam Cloud Barn and the
old bridge.
Chair Hlava said she has a problem with that until it is known who the tenants
might be. She said she is reluctant to approve signage like that tonight
especially as signage for the Barn is not on the agenda.
Mr. Craig Aubrey said that it is important to allow the tenant to be on the sign.
Another sign would be proposed on the other building.
Commissioner Rodgers asked if the new building would be accessible through
the Sam Cloud Barn.
Mr. Craig Aubrey said that they would be separate buildings with separate
entrances. He said that they are concerned about people finding their way back
there.
Commissioner Rodgers asked if it would be possible to walk into the Sam Cloud
Barn and walk to the back building.
Mr. Craig Aubrey replied yes.
Commissioner Kumar asked if there were plans to include signs at the rear of the
building.
Mr. Craig Aubrey said that they might but have no specific plans at this time.
Commissioner Nagpal asked Mr. Craig Aubrey if he would prefer to receive a
sign approval tonight.
205
Mr. Craig Aubrey replied yes, if possible.
Chair Hlava said that she could go with that request and they could come in for
more signage later.
Mr. Gene Zambetti:
• Said that he is a commercial property owner in the Village.
• Stated he is in support of this application.
• Said that this project straddles two parking districts and will help create
pedestrian activity. He added that between 3rd and 4th Streets is the best
area as far as potential sales tax activity.
• Pointed out that the Saratoga Fire District provides fire services for this area
and that should be corrected in the conditions.
Commissioner Nagpal told Mr. Gene Zambetti that she is concerned about the
lack of committed retail on the first floor of this project and asked him for his
perspective on this issue.
Mr. Gene Zambetti said that one would likely see decorator items and personal
services. He added that there is lots of risk for the developer right now, as this
building would be really hidden. The consumers will have to find it, which is
difficult for retail. This will have to be a point of destination. It would be easier to
locate retail in the Barn.
Commissioner Rodgers asked Mr. Gene Zambetti if he foresees entry retail off
the parking lot in the future.
Mr. Gene Zambetti said there is the possibility but the City may have to change
what it allows and might have to go with some kind of franchise.
Mr. Bob Hausman, Applicant:
• Said that traffic is needed to create a tax base and generate sales tax.
• Added that a balance of the uses in the region is necessary. Existing retailers
in the Village need to optimize traffic and sales.
Chair Hlava closed the public hearing for Agenda Item No. 1.
Commissioner Nagpal:
• Thanked the applicants and their team for participation in three study
sessions.
• Said that she was originally uncomfortable with some elements of this project
but through a reduction in size and elevation changes she is more
comfortable.
• Expressed appreciation for the plans for green construction where possible.
206
• Said that nothing could go onto this lot without a Variance so she is
comfortable supporting a Variance.
• Pointed out that the relaxed parking requirements are intended to attract new
projects.
• Stated that the need for retail uses is the key issue on her mind.
• Agreed that foot traffic is important for retail.
• Said she appreciates the efforts taken by the applicants and supports this
project, as it will bring people to Saratoga to work there.
Commissioner Zhao:
• Said that she can make the Variance findings.
• Expressed appreciation that recommendations have been taken and the
original design modified accordingly.
• Said that she has no concern regarding requiring retail uses as bringing
people to the Village will benefit the Village overall. It will help the existing
retail.
• Said she could also make Design Review findings and totally supports this
project.
Commissioner Rodgers said that some retail is important and requested that the
applicants make an effort to recruit retail uses.
Commissioner Kundtz said he too appreciates the applicants’ efforts and agreed
with Commission Zhao’s comments. He said that even if the space were filled
with professional services instead of retail, it would increase foot traffic for the
Village. He wished the applicants well.
Commissioner Kumar:
• Thanked the applicants for their participation in the study sessions. The
issues of bulk with the original design have dissipated and overall he is
thrilled with this new structure on this vacant piece of land.
• Added that the possibilities are endless and he is not too hung up on retail
there.
• Stated his agreement with the staff recommendation to grant Design Review
and Variance approvals.
• Wished the applicants all the best.
Commissioner Cappello:
• Stated his agreement with what has been said.
• Said that this new building is tied in to a very precious building, the Sam
Cloud Barn.
• Added he would love to see more retail in this new building but does not feel it
is appropriate to mandate it.
• Assured that market conditions and interest will work it out.
207
• Suggested that the applicants are listening and will make an effort to obtain
retail if possible.
• Added that whatever happens here will be of benefit to the Village.
• Said that he has no problem supporting the Variance as nothing can be built
here without one so it is warranted.
• Stated he can also make the Design Review findings.
Commissioner Rodgers said that she is completely happy with this project and
has no objection to including professional services and/or office uses here.
Chair Hlava:
• Said that as the Village is on a hill, without a Variance this lot could not be
built upon.
• Added that this means the Variance is not a special privilege and will not be
detrimental to the public health, safety and/or welfare.
• Echoed the thanks given to the applicants for participation in lots of study
sessions.
• Said that the project is now significantly smaller and a better looking project
than it started.
• Supported the change to the resolution to correctly list the fire services
provided by Saratoga Fire District.
• Said that the easement will be made a permanent condition.
• Supported the sign request too.
Planner Heather Bradley:
• Clarified that the new Condition 12 will be for the sign approval.
• Added that the original Condition 13 will remain the requirement for an access
easement as a permanent condition of approval.
• Said that a requirement to add entry landscaping via potted plants should be
per the approval of the Community Development Director.
City Attorney Jonathan Wittwer:
• Suggested that the additional landscaping be included as Condition 1 to read,
“as modified on Sheet L to require potted plants in the entry area.”
• Modified a finding to read, “This project proposes to construct a new building
on site that promotes economic opportunities within the Village.”
• Said that signage is being approved as a part of Condition 1 as well.
Motion: Upon motion of Commissioner Nagpal, seconded by
Commissioner Kundtz, the Planning Commission granted
Design Review and Variance approvals to allow the
construction of a new commercial building on property located
at 20640 3rd Street, with the modifications previously stated by
the Assistant City Attorney and the following modifications:
208
• Revised finding for L requiring an access easement as a
permanent condition of approval;
• Remove the draft Condition 12 and create a new Condition
12 that approves signage;
• Condition 1 to be modified to include planting subject to
approval of the Community Development Director and
signage
• Change Condition 24 to reflect the Saratoga Fire District,
by the following roll call vote:
AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal, Rodgers
and Zhao
NOES: None
ABSENT: None
ABSTAIN: None
***
209
SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM: ______
ORIGINATING DEPT: Public Works CITY MANAGER:
PREPARED BY: John Cherbone DEPT HEAD: John Cherbone
SUBJECT: Capital Improvement Plan (CIP) F.Y. 07/08 Update – Public Hearing and
Environmental Impact Assessment
______________________________________________________________________________
RECOMMENDED ACTION(S):
1. Receive report, conduct Public Hearing, and provide direction to staff.
2. Adopt attached Environmental Impact Assessment for new CIP projects (Attachment 2).
3. Adopt Resolution amending the Fiscal Year 07/08 Budget reflecting Council direction from
the September 5th and October 3rd City Council Meetings (Attachment 3)
4. Adopt final CIP Project list (Attachment 4).
REPORT SUMMARY:
CIP Process
This is the continuation of the 2007/2008 update of the CIP, which was set in motion at the CIP
Study Session held on September 5th and the opening of the CIP Public Hearing on October 3.
The main focus of this meeting is to review the Environmental Impact Assessment connected to
new projects and adopt the final CIP project list. The main focus of this meeting is to review the
Environmental Impact Assessment of the new projects and adopt a Resolution amending the FY
07/08 budget in connection with CIP (Attachment 3).
City Council Direction at the October 3 City Council Meeting
• The "Village Monument" project has been renamed the "Highway 9 Entry Monument"
and is now included in the CIP Item 21 “Citywide Entry Signs”.
• $22,000 has been allocated from the Hakone Gardens D/W Project, which is a reserve
fund for driveway and retaining wall work, to the North Campus Recreation Facility
Matching Fund Program. The allocation will provide the matching program with
$40,000.
210
• The Traffic Safety Commission prioritized items on the CIP related to traffic safety per
City Council direction (Attachment 5). In order to accomplish their 1st priority project,
Herriman Avenue Crosswalk Improvements, staff recommends moving forward with the
raised crosswalks without the in-pavement lighting. The Streets and Roads operating
budget can absorb this cost until funds can be acquired for the safety lighting.
General Plan Conformity
At their October 25th meeting the Planning Commission reviewed the 25 new CIP projects for
General Plan conformity and subsequently found no issues in connection to the General Plan
(see attached Planning Commission Resolution No. 07-075, Attachment 1).
Environmental Assessment
Please find attached the Environmental Impact Assessment and the Environmental Checklist
Form for the 2007-2008 CIP Update, which lists the environmental category under which each
project is expected to fall (Attachment 2).
Of the 25 new projects under consideration in the 2007-2008 CIP Update, 24 are classified as
categorically exempt except the Highway 9 Safety Project Phase II, which will be evaluated for
environmental impacts and a Notice of Exemption or Negative Declaration will be filed.
Final CIP Project List
Please find attached a revised copy of the CIP Spreadsheet (Attachment 4) reflecting City
Council direction. The spreadsheet describes each project and their corresponding funding level.
FISCAL IMPACTS:
The attached Budget Resolution (Attachment 3) reflects the funding level (expenditure) of each
project and their corresponding revenue source. Adoption of the Budget Resolution will provide
staff the authority to move forward with implementation of the CIP.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
The 2007-2008 CIP Update would not be approved and the implementation of the CIP projects
would not move forward.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Projects listed in the CIP will be implemented per City Council direction.
2 of 3
211
3 of 3
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. General Plan Conformity Resolution.
2. Environmental Impact Assessment and Environmental Checklist Form.
3. Budget Resolution.
4. Final CIP Project Spreadsheet.
5. TSC Priority List.
212
214
215
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
ADOPTING THE FISCAL YEAR 2007/08
UPDATE TO THE CAPITAL IMPROVEMENT PLAN
WHEREAS, the City Council desires to update the Capital Improvements Plan (CIP), and;
WHEREAS, the planning Commission did, on October 25, 2007, find the Fiscal Year
2007/08 updates to the CIP to be consistent with the Saratoga General Plan as required by
Section 65401 of the State of California Government Code; and
WHEREAS, the City Council has reviewed the proposed updates to the CIP at duly
noticed public hearings held on October 3 and November 7, 2007; and
WHEREAS, the City Council of the City of Saratoga hereby resolves to adopt the Fiscal
Year 2007/08 Capital Improvement Plan as submitted by the Public Works Director,
reviewed by the Planning Commission, and designated as “Attachment 4” attached hereto
is adopted by the City Council; and
WHEREAS, the need to amend the existing CIP budget is based upon priorities
established by the City Council;
AND BE IT RESOLVED, that the City of Saratoga’s FY 2007/08 Capital Improvement
Budget with project expenditures and matching revenue funding appropriations of
$13,944,060, as listed in “Exhibit A” (Capital Improvement Plan Project Budget List)
attached hereto with:
• Total Street Improvements Project appropriations in the amount of $8,919,511
• Total Park & Trail Improvement Project appropriations in the amount of
$4,312,997
• Total Facility Improvements Project appropriations in the amount of $542,272
• Total Administrative Project appropriations in the amount of $169,280
is adopted by the City Council.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 7th day of November, 2007 by the following vote:
AYES:
216
NOES:
ABSENT:
ABSTAIN:
______________________________
Aileen Kao, Mayor
ATTEST: ___________________________
Cathleen Boyer, City Clerk
217
PROJECT BALANCE
AT 7/1/2007
STREET REPAIR & RESURFACING
1Annual Street Resurfacing:1,434,358
2Saratoga Sunnyvale Road Resurfacing:600,000
ROADWAY SAFETY PROJECTS
3Traffic Safety:41,355
4Highway 9 Safety Project Phase I:58,960
5Highway 9/Oak Place Pedestrian Crosswalk Safety Improvements:4,309
6Solar Powered Radar Feedback Signs: 62,000
7Cox Avenue Railroad Crossing Arms Upgrade:114,755
8ADA Accessible Traffic Signal Project:74,526
9Highway 9 Safety Project Phase II:1,020,000
STREET LANDSCAPE & BEAUTIFICATION PROJECTS
10Median Repairs (Landscaping/Irrigation):4,021
11Village Tree Lighting - Side Streets:50,000
12Prospect Road Medians - Master Plan:35,000
13City Entry Signs and Highway 9 Entry Monument:23,788
SIDEWALKS, CURBS & STORM DRAINS
14Annual Sidewalk Repair:108,605
15El Quito Area Curb & Gutter Replacement:164,999
16Sobey Road Culvert Repair:150,000
17Annual Storm Drain Upgrades:11,314
18Village Streetscape Improvements (Sidewalk/C&G):622,846
22Saratoga Sunnyvale Road ADA Curb Ramps:57,309
23Village Pedestrian Enhancement Project 540,000
24Village News Rack Enclosures:30,000
25Village Façade Matching Program:20,000
26Saratoga-Sunnyvale Road Gateway Project (pathways):74,147
27Saratoga Avenue Sidewalk Project:42,489
BRIDGE & RETAINING WALLS
28Quito Road Bridge Replacement Project (Design):9,730
29Quito Road Bridge Replacement Project (Construction):2,978,000
304th Street Bridge:587,000
8,919,511$
PARK PROJECTS
31Kevin Moran Park Improvements:1,414,752
32West Valley College Soccer Field Improvements 230,868
33Beauchamps Park Playground Safety Project: 24,576
34Wildwood Park Improvements:12,272
35Wildwood Park Water Feature - Seating Improvements:10,000
36Historic Park Landscaping Improvements:37,200
37Park/Trail Repairs:44,558
38Citywide Tree Replanting:106,530
39Hakone Garden D/W:144,283
40Hakone Gardens Visitor Center/Matching Funds:250,000
41Ravenswood Park Playground Upgrade Project:55,000
43El Quito Park Improvements:125,000
TRAIL PROJECTS
44De Anza Trail:1,706,154
45Heritage Orchard Perimeter Path Improvements:25,000
46Trail Segment #3 Repairs: 13,476
47Teerlink Ranch Trail Repair:30,000
48San Marcos Open Space Trail:25,328
51Carnelian Glen Trail - Foot Bridge Replacement:18,000
52North Campus Recreation Facility Matching Program:40,000
4,312,997$
53Historical Park Buildings - Fire Alarm System:6,543
54North Campus Improvements: 322,025
55Warner Hutton House Improvements:25,000
56Civic Center Landscape Improvements:63,704
57McWilliams House/Book-Go-Around Fire Alarm:25,000
58Annual Facility Improvements:100,000
542,272$
59Financial System Upgrade:70,734
60Document Imaging Project - Public Works 98,546
169,280$
13,944,060$
TOTAL FACILITY IMPROVEMENTS PROJECTS
PARK & TRAIL IMPROVEMENT PROJECTS
STREET IMPROVEMENT PROJECTS
TOTAL STREET IMPROVEMENT PROJECTS
TOTAL PARK & TRAIL PROJECTS
FY 2007/08 CAPITAL IMPROVEMENT PROJECT BUDGET LIST
EXHIBIT "A"
TOTAL ADMINISTRATIVE PROJECTS
TOTAL ALL CIP PROJECTS
PROJECT
ADMINISTRATIVE PROJECTS
FACILITY IMPROVEMENT PROJECTS
218
PROJECT
#
Public Safety Projects
1 Saratoga-Sunnyvale/Seagull Traffic Signal:
2 Quito Road Bridge Replacement Project:
3 Herriman Avenue Traffic Signal:
4 Verde Vista Ln. Traffic Signal:
5 4th Street Bridge:
6 Traffic Calming (NTMP):
7 Safe Routes to Schools:
8 ADA Improvements (Hakone):
9 Highway 9 Traffic Signal Modifications:
10 Playground Safety (Brookglen, El Quito, Wildwood):
11 Kirkmont Dr. Traffic Signal:
12 Sobey Road/Quito Road Traffic Improvements:
13 Norton Road Fire Access:
14 Aloha Street Safety Improvements:
15 Highway 9/Oak Place Pedestrian Signal:
Total Public Safety Projects
219
Saratoga-Sunnyvale/Seagull Traffic Signal:
Quito Road Bridge Replacement Project:
Herriman Avenue Traffic Signal:
Verde Vista Ln. Traffic Signal:
4th Street Bridge:
Traffic Calming (NTMP):
Safe Routes to Schools:
ADA Improvements (Hakone):
Highway 9 Traffic Signal Modifications:
Playground Safety (Brookglen, El Quito, Wildwood):
Kirkmont Dr. Traffic Signal:
Sobey Road/Quito Road Traffic Improvements:
Norton Road Fire Access:
Aloha Street Safety Improvements:
Highway 9/Oak Place Pedestrian Signal:
Total Public Safety Projects
Infrastructure Projects
City Wide Traffic Signal Upgrades:
El Camino Grande/Monte Vista Storm Drain Improvements:
Saratoga-Sunnyvale Road "Gateway" Improvements:
El Quito Area Curb & Gutter Replacement:
Village Streetscape Improvements (Sidewalk/C&G):
Village Streetscape Improvements (Landscaping):
Storm Drain Upgrades:
Median Repairs (Landscaping/Irrigation):
Cox Avenue Railroad Crossing Arms Upgrade:
Prospect Avenue Medians:
Blaney Plaza Improvements - Master Plan Phase:
City Entrance Signs/Monuments:
Blaney Plaza Improvements - Construction Phase:
Chester Avenue Storm Drain Improvements:
Total Infrastructure Projects
220
New traffic signal @ Saratoga-Sunnyvale & Seagull
Replacement of two bridges on Quito Road
New traffic signal @ Herriman & Saratoga. Warrant study needed.
New traffic signal @ Verde Vista & Sara-Sunny. Meets warrants.
Replacement of existing substandard bridge at 4th & Saratoga Creek.
Annual funding for implementation of traffic calming toolkit.
Annual funding for implementation of Safe Routes to School Program.
ADA improvements per Hakone Foundation lease agreement.
Modification to Hwy 9 traffic signal in connection w/new fire dept.
Replacement of existing substandard play equipment.
New traffic signal @ Kirkmont & Sara-Sunny. Warrant study needed.
Software and hardware upgrades to the City's traffic signals
Storm drain improvements in the El Camino Grande/Monte Vista Area
Roadway improvements to Saratoga-Sunnyvale Road
Replacement of rolled curb & gutter for drainage mitigation.
Replace sidewalk and curb & gutter for safety and beautification.
Landscape beautification improvements.
Annual funds for storm drain rehabilitation and drainage improvements.
Plant replacement and irrigation improvements in existing medians.
Upgrade of crossing arm in conjunction with rail surface improvements.
New landscaped medians for beautification of Prospect Avenue.
221
New traffic signal @ Saratoga-Sunnyvale & Seagull. Meets warrants.
Replacement of two existing substandard bridges on Quito Road.
New traffic signal @ Herriman & Saratoga. Warrant study required.
New traffic signal @ Verde Vista & Sara-Sunny. Meets warrants.
Rehabilitation of existing bridge at 4th & Saratoga Creek.
Annual funding for implementation of traffic calming toolkit.
Funding for implementation of Safe Routes to School.
ADA improvements per Hakone Foundation lease agreement.
Modification to Hwy 9 traffic signal in connection w/new fire dept.
Replacement of existing substandard play equipment.
New traffic signal @ Kirkmont & Sara-Sunny. Warrant study needed.
Sobey Road/Quito Road roadway improvements to increase safety in the vicinity of Marshall Lane School.
Construction of a fire access road connecting Norton Road to Montalvo's Artist In Residency Road.
Roadway safety improvements at the intersection of Aloha Street and Highway 9.
New pedestrian traffic signal @ Highway 9 & Oak Place. Warrant study and Caltrans approval required..
City wide signal upgrades including integration of smart corridor technology.
Storm drainage improvements in the MonteVista/El Camino Grande area.
Infrastructure improvements to Saratoga-Sunnyvale Road concentrated between Prospect Road and the UPRR.
Replacement of rolled curb & gutter for drainage mitigation.
Replace sidewalk and curb & gutter for safety and beautification.
Landscape beautification improvements.
Annual funds for storm drain rehabilitation and drainage improvements.
Plant replacement and irrigation improvements in existing medians.
Railroad crossing surface upgrade for safety and improved drivability.
New landscaped medians for beautification of Prospect Avenue.
Master plan for the rehabilitation and beautification of Blaney Plaza.
Installation of Entry Signs/Monument at City entry points where none exist.
Implementation of improvements based on the Blaney Plaza Master Plan.
Storm drainage improvements in the Chester Avenue area.
222
$152,500 $152,500 $0 $0$120,000 $32,500 $0
2,372,900 2,372,900 0 0 0 158,193 1,898,320
150,000 5,000 5,000 0 0 0 0
150,000 5,000 5,000 0 0 0 0
500,000 500,000 100,000 0 0 0 400,000
250,000 250,000 250,000 0 0 0 0
250,000 50,000 50,000 0 0 0 0
317,500 250,000 0 0 0 0 200,000
250,000 250,000 225,000 0 0 0 0
350,000 350,000 0 66,000 0 0 284,000
150,000 5,000 5,000 0 0 0 0
150,000 150,000 150,000 0 0 0 0
110,000 110,000 110,000 0 0 0 0
49,500 49,500 49,500 0 0 0 0
145,000 4,000 0 0 0 0 0
$5,347,400$4,503,900 $949,500$66,000$120,000 $190,693$2,782,320
$508,705 $508,705 $0 $0 $0 $72,705 $436,000
100,000 100,000 0 0 0 100,000 0
3,112,380 3,112,380 0 0 0 2,232,280 880,000
550,000 460,264 460,264 0 0 0 0
850,000 0 0 0 0 0 0
275,000 225,000 225,000 0 0 0 0
250,000 250,000 250,000 0 0 0 0
182,500 182,500 182500 182,500 0 0 0 0
539,641 539,641 70,000 0 0 0 469,641
500,000 25,000 25,000 0 0 0 0
19,400 19,400 19,400 0 0 0 0
17,500 17,500 17,500 0 0 0 0
121,000 121,000 121,000 0 0 0 0
178,000 0 0 0 0 0 0
$7,204,126$5,561,390 $1,370,664 $0 $0$2,404,985$1,785,641
223
$0 $152,500 $0
316,387 465,004$1,907,896
0 0 $5,000
0 0 $5,000
0 0 $500,000
0 68,376 $181,624
0 26,044 $23,956
50,000 65,501 $184,499
25,000 167,066 $82,934
0 346,201 $3,799
0 0 $5,000
0 100,799 $49,201
0 8,000 $102,000
0 0 $49,500
0 4,000 $0
$391,387 $1,403,492$3,100,408
$0 $441,754 $66,951
0 0 $100,000
0 716,915$2,395,465
0 0 $460,264
0 0 $0
0 85,526 $139,474
0 250,000 $0
0 133,017 $49,483
0 124,916 $414,725
0 0 $25,000
19,400 $0
0 0 $17,500
0 10,161 $110,839
0 0 $0
$0 $1,781,689$3,779,701
224
Saratoga-Sunnyvale/Seagull Traffic Signal:$152,500 $152,500 $0 $0
Quito Road Bridge Replacement Project:2,372,900 2,372,900 0 0
Herriman Avenue Traffic Signal:150,000 5,000 5,000 0
Verde Vista Ln. Traffic Signal:150,000 5,000 5,000 0
4th Street Bridge:500,000 500,000 100,000 0
Traffic Calming (NTMP):250,000 250,000 250,000 0
Safe Routes to Schools:250,000 50,000 50,000 0
ADA Improvements (Hakone):317,500 250,000 0 0
Highway 9 Traffic Signal Modifications:250,000 250,000 225,000 0
Playground Safety (Brookglen, El Quito, Wildwood):350,000 350,000 0 66,000
Kirkmont Dr. Traffic Signal:150,000 5,000 5,000 0
Sobey Road/Quito Road Traffic Improvements:150,000 150,000 150,000 0
Norton Road Fire Access:110,000 110,000 110,000 0
Aloha Street Safety Improvements:49,500 49,500 49,500 0
Highway 9/Oak Place Pedestrian Signal:145,000 4,000 0 0
Total Public Safety Projects$5,347,400 $4,503,900 $949,500 $66,000
Infrastructure Projects
City Wide Traffic Signal Upgrades:$508,705 $508,705 $0 $0
El Camino Grande/Monte Vista Storm Drain Improvements:100,000 100,000 0 0
Saratoga-Sunnyvale Road "Gateway" Improvements:3,112,380 3,112,380 0 0
El Quito Area Curb & Gutter Replacement:550,000 460,264 460,264 0
Village Streetscape Improvements (Sidewalk/C&G):850,000 0 0 0
Village Streetscape Improvements (Landscaping):275,000 225,000 225,000 0
Storm Drain Upgrades:250,000 250,000 250,000 0
Median Repairs (Landscaping/Irrigation):182,500 182,500 182500 182,500 0
Cox Avenue Railroad Crossing Arms Upgrade:539,641 539,641 70,000 0
Prospect Avenue Medians:500,000 25,000 25,000 0
Blaney Plaza Improvements - Master Plan Phase:19,400 19,400 19,400 0
City Entrance Signs/Monuments:17,500 17,500 17,500 0
Blaney Plaza Improvements - Construction Phase:121,000 121,000 121,000 0
Chester Avenue Storm Drain Improvements:178,000 0 0 0
Total Infrastructure Projects$7,204,126 $5,561,390 $1,370,664 $0
30 McWilliams House Termite damage repair at Chamber Building.Improvements to structure.
31 Civic Center Master Plan (Design):Comprehensive Master Plan preparation for Civic Center Comprehensive Master Plan preparation for Civic Center.
32 Animal Control Facility:City's share of JPA cost for Construction of New Animal Control Facility
33 Civic Theater Lower Perimeter Re-Roof:Re-Roof the lower perimeter of the Civic Theater.
34 Civic Center Eave Replacement (Community Dev./Engineering):Replacement of courtyard eaves on the Community Development/Engineering wing of the Civic Center.
35 Historical Park Buildings - Fire Alarm System:Installation of fire alarm system in the Historical Buildings located in Historical Park.
36 Village Façade Matching Fund:Matching funds to business/property owners directed at improving building facades.
37 Book-Go-Around Repairs:Roof repair and storage room repair work at the Book-Go-Around building.
38 North Campus Improvements - Fellowship Hall:ADA restroom improvements and interior upgrades at the North Campus Fellowship Hall.
225
$120,000$32,500 $0 $0 ##
0158,193#######316,387 ##
0 0 0 0 0#
0 0 0 0 0#
0 0400,000 0 0#
0 0 0 0 ##
0 0 0 0 ##
0 0200,000 50,000 ##
0 0 0 25,000 ##
0 0284,000 0 ##
0 0 0 0 0#
0 0 0 0 ##
0 0 0 0 ##
0 0 0 0 0#
0 0 0 0 ##
$120,000 ##############$391,387 ##
$0$72,705#######$0 ##
0100,000 0 0 0#
0#######880,000 0 ##
0 0 0 0 0#
0 0 0 0 0#
0 0 0 0 ##
0 0 0 0 ##
0 0 0 0 ##
0 0469,641 0 ##
0 0 0 0 0#
0 0 0 ##
0 0 0 0 0#
0 0 0 0 ##
0 0 0 0 0#
$0 ##############$0 ##
150,000 30,000 30,00000000 30,000 $0
250,000 0 000000 0 $0
300,000300,000 300,00000000 300,000 $0
49,500 49,500 49,50000000 41,855 $7,645
25,000 17,600 17,60000000 0 $17,600
7,425 7,425 7,42500000 882 $6,543
50,000 50,000 50,00000000 21,164 $28,836
35,000 35,000 000000 33,326 $1,674
151,800 151,800 151,800 00000 0 $151,800
226
PROJECT PROJECT DESCRIPTION SUMMARY ESTIMATED APPROVED PROJECT PROJECT UNFUNDED
#COST BUDGET CIP PARK DEV.GRANTS OTHER GAS TAX EXPENDITURE BALANCE PROJECT PROJECT STATUS SUMMARY #
FUND FUND SOURCE FUND TO DATE AMOUNT (NOTES)
(06/30/07)(07/01/07)
STREET IMPROVEMENT PROJECTS A B C D E F G H I J
Street Repair & Resurfacing Projects
1 Annual Street Resurfacing:Annual street resurfacing connected to the City's Pavement Management Program 1,434,358 1,434,358 463,983 0 506,375 0 464,000 0 1,434,358 0 New Project FY 07/08. Funding previously in the operating budget.1
2 Annual Street Restriping:Annual Street Restriping Work 30,000 0 0 0 0 0 0 0 0 0 New Project FY 07/08. Funding previously in the operating budget.2
3 Saratoga Sunnyvale Road Resurfacing:Overlay and Pavement Rehabilitation on Saratoga-Sunnyvale Road (Blauer to Herriman)600,000 600,000 210,615 0 389,385 0 0 0 600,000 0 New Project FY 07/08. Funding previously in the operating budget.3
Roadway Safety Improvements
4 Traffic Safety:Traffic safety funds for implementation of safety improvements approved by Traffic Safety Commission.100,000 100,000 100,000 0 0 0 0 58,645 41,355 0 Project funds minor safety improvements approved by the TSC.4
5 Highway 9 Safety Project Phase I:Saratoga's portion of the three City Highway 9 Safety corridor project. Project to focus on bicycle improvements. 100,000 100,000 100,000 0 0 0 0 41,040 58,960 0 Construction to begin Fall 2007.5
6 Highway 9/Oak Place Pedestrian Crosswalk Safety Improvements:Enhanced in-pavement crosswalk safety lights @ Highway 9 & Oak Place. Caltrans approval required. Const. Phase.203,310 203,310 34,110 0 169,200 0 0 199,001 4,309 0 Project 99% complete.6
7 Solar Powered Radar Feedback Signs: Provides funding for solar powered radar feedback signs. Location(s) to be determined by the Traffic Commission.62,000 62,000 62,000 0 0 0 0 0 62,000 0 Radar feedback signs on order.7
8 Cox Avenue Railroad Crossing Arms Upgrade:Railroad crossing surface upgrade for safety and improved drivability.539,641 539,641 70,000 0 469,641 0 0 424,886 114,755 0 Project 99% complete.8
9 ADA Accessible Traffic Signal Project:Audible Signal Project at various traffic signal locations throughout the City. 74,526 74,526 0 0 74,526 0 0 0 74,526 0 New Project FY 07/08. CDBG grant funded. Approved by City Council on 3/21/07.9
10 Highway 9 Safety Project Phase II:Project to focus on ped improvements along the Highway 9 corridor. Majority of improvements in Saratoga.1,020,000 1,020,000 90,000 0 900,000 30,000 0 0 1,020,000 0 New Project FY 07/08. Funding identified. Approved by City Council on 4/4/07.10
11 Herriman Avenue Crosswalk Improvements:Crosswalk enhancements located on Herriman Avenue @ Lexington and Saratoga Vista. 75,000 0 0 0 0 0 0 0 0 75,000 New Project FY 07/08. $50k at Lexington and $25K at Saratoga Vista. Approved by TSC on 6/07/07. Funding Unidentified.11
12 Herriman Avenue Sidewalk Improvements Option 1:Asphalt sidewalk/pathway leveling course between AC berm and PCC Curb. 50,000 0 0 0 0 0 0 0 0 50,000 New Project FY 07/08. Funding option to place walkway inside of roadway. Approved by TSC on 6/07/07. Funding Unidentified.12
13 Herriman Avenue Sidewalk Improvements Option 2:New sidewalk/pathway along the south side including retaining walls and landscape modifications. 150,000 0 0 0 0 0 0 0 0 150,000 New Project FY 07/08. Funding option to place walkway outside of roadway. Approved by TSC on 6/07/07. Funding unidentified.13
14 Pedestrian Refuge Area at Quito/McCoy Intersection: Center refuge area and crossing improvements on Quito Road at McCoy.15,000 0 0 0 0 0 0 0 0 15,000 New Project FY 07/08. Approved by TSC on 4/12/07. Funding unidentified.14
15 Glen Brae Avenue Median Choker: Concrete median choker on Glen Brae Avenue for traffic calming.15,000 0 0 0 0 0 0 0 0 15,000 New Project FY 07/08. Approved by TSC on 2/15/07. Funding unidentified.15
16 Komina Walking Path: Walking Path on one side of Komina adjacent to Oak Street School.75,000 0 0 0 0 0 0 0 0 75,000 New Project FY 07/08. Approved by TSC on 2/09/06. Funding unidentified.16
17 Saratoga Elementary School Driveway and Sidewalk Modification:Driveway and sidewalk modification to increase capacity of drop-off lane.70,000 0 0 0 0 0 0 0 0 70,000 New Project FY 07/08. Approved by TSC on 2/09/06. Funding unidentified.17
Street Median & Landscape Improvements
18 Median Repairs (Landscaping/Irrigation):Plant replacement and irrigation improvements in existing medians.182,500 182,500 182,500 0 0 0 0 178,479 4,021 0 Work ongoing. 18
19 Village Tree Lighting - Side Streets:Install necessary electrical improvements for side street tree lighting.50,000 50,000 7,000 0 0 43,000 0 0 50,000 0 Work to be incorporated into future Village Improvement Project.19
20 Prospect Road Medians - Master Plan:Development of Median Master Plan on Prospect Road.35,000 35,000 35,000 0 0 0 0 0 35,000 0 Consultant contract approved. $15k available for redistribution to other CIP projects.20
21 City Entrance Signs/Monuments Including Highway 9:Installation of Entry Signs/Monument at City entry points where none exist.27,821 27,821 27,821 0 0 0 0 4,033 23,788 0 Existing monuments rehabilitated. New entry monuments to be determined. Funds for Highway 9 entry monument included in project. 21
Sidewalks, Curbs & Storm Drains 0
22 Annual Sidewalk Repair:Removal of tripping hazards on City owned sidewalks.220,000 220,000 220,000 0 0 0 0 111,395 108,605 0 Work ongoing.22
23 El Quito Area Curb & Gutter Replacement:Replacement of rolled curb & gutter for drainage mitigation. 460,264 460,264 460,264 0 0 0 0 295,265 164,999 0 Work ongoing. 23
24 Sobey Road Culvert Repair:Replacement of CMP Culvert undermined during winter of 05/06.150,000 150,000 0 0 0 0 150,000 0 150,000 0 Project completion scheduled prior to Winter 2007.24
25 Annual Storm Drain Upgrades:2nd round of annual funds for storm drain rehabilitation and drainage improvements. 252,136 252,136 220,000 0 0 0 0 240,822 11,314 0 Work ongoing.25
26 Village Streetscape Improvements (Sidewalk/C&G):Replace sidewalk and curb & gutter for safety and beautification.626,000 626,000 0 0 0 626,000 0 3,154 622,846 0 $741,000 funded by Caltrans. $115,000 Transferred to Village Pedestrian Enhancement Project for local match.26
27 El Camino Grande/Monte Vista Storm Drain Improvements:Storm drainage improvements in the Monte Vista/El Camino Grande area.300,000 0 0 0 0 0 0 0 0 300,000 Interim drainage fix completed. 27
28 Chester Avenue Storm Drain Improvements:Storm drainage improvements in the Chester Avenue area.178,000 0 0 0 0 0 0 0 0 178,000 Unfunded Project.28
29 Quito Road Sidewalk Improvements:Construction of new sidewalk improvements on Quito Road between Highway 85 and Allendale Avenue.150,000 0 0 0 0 0 0 0 0 150,000 Unfunded Project.29
30 Saratoga Sunnyvale Road ADA Curb Ramps:ADA curb ramp improvements at various locations along Saratoga-Sunnyvale Road.57,309 57,309 0 0 57,309 0 0 0 57,309 0 New Project FY 07/08. CDBG grant funded. Approved by City Council on 11/01/06.30
31 Village Pedestrian Enhancement Project Crosswalk safety improvements and other pedestrian related enhancements in the Village.540,000 540,000 115,000 0 425,000 0 0 0 540,000 0 New Project FY 07/08. VTA grant funded. $115,000 required for local match. Funding identified.31
32 Village News Rack Enclosures:Enhancements to the Village News Rack Enclosures.30,000 30,000 30,000 0 0 0 0 0 30,000 0 New Project FY 07/08. Funding identified.32
33 Village Façade Matching Program:Matching funds to business/property owners directed at improving building facades. 20,000 20,000 20,000 0 0 0 0 0 20,000 0 New Project FY 07/08. Funding identified.33
34 Saratoga-Sunnyvale Road Gateway Project (pathways):Continuation of Gateway Project directed at pathway improvements.74,147 74,147 74,147 0 0 0 0 0 74,147 0 New Project FY 07/08. Funding identified.34
35 Saratoga Avenue Sidewalk Project:Continuation of sidewalk/pathway improvements along Saratoga Avenue:42,489 42,489 0 0 42,489 0 0 0 42,489 0 New Project FY 07/08. TDA grant funded. Approved by City Council on 05/16/07.35
36 Bridge and Retaining Wall Projects 36
37 Quito Road Bridge Replacement Project (Design):Replacement of two existing substandard bridges on Quito Road - Design Phase 465,729 465,729 41,800 0 364,799 59,130 0 455,999 9,730 0 Design 95% complete. Project delayed due to right of way issues.37
38 Quito Road Bridge Replacement Project (Construction):Replacement of two existing substandard bridges on Quito Road - Environmental/Construction Phase 2,978,000 2,978,000 113,000 0 2,636,423 227,718 0 0 2,978,000 0 Project delayed due to right of way issues.38
39 4th Street Bridge:Rehabilitation of existing bridge at 4th & Saratoga Creek.587,000 587,000 100,000 0 487,000 0 0 0 587,000 0 HBRR application submitted.39
Total Street Improvement Projects $12,040,230 $10,932,230 $2,777,240 $0$6,522,147 $985,848 $614,000 $2,012,719 $8,919,511 $1,078,000
PARK & TRAIL IMPROVEMENT PROJECTS
Park Projects
40 Kevin Moran Park Improvements:Development of unimproved areas at Kevin Moran Park.1,500,000 1,500,000 1,197,546 0 302,454 0 0 85,248 1,414,752 0 Project ongoing. $302,454 from 2002 Park Bond Act. 40
41 West Valley College Soccer Field Improvements Funding for Improvements to two soccer fields located at West Valley College.325,000 325,000 250,000 75,000 0 0 0 94,132 230,868 0 One of two playfields improved. 41
42 Beauchamps Park Playground Safety Project: Replacement of existing substandard play equipment.50,000 50,000 0 50,000 0 0 0 25,424 24,576 0 Project 95% complete.42
43 Wildwood Park Improvements:Rebuild of Wildwood Park wood stage due to structural integrity issues and other minor improvements to the park.40,000 40,000 0 0 40,000 0 0 27,728 12,272 0 Stage rehabilitation complete.43
.44 Wildwood Park Water Feature - Seating Improvements:Installation of concrete seating improvements around the perimeter of the water feature.10,000 10,000 0 10,000 0 0 0 0 10,000 0 44
45 Historic Park Landscaping Improvements:Removal of existing landscaping and installation of new landscaping and irrigation.37,200 37,200 0 37,200 0 0 0 0 37,200 0 45
46 Park/Trail Repairs:Various infrastructure improvements to City parks and trails.230,000 230,000 230,000 0 0 0 0 185,442 44,558 0 Work ongoing. 46
47 Citywide Tree Replanting:Citywide tree replanting project including irrigation for parks, medians, right-of-ways, and open spaces.175,000 175,000 0 0 0 175,000 0 68,470 106,530 0 Funding via tree violation fines. Work also includes tree replanting along City right-of-ways.47
48 Hakone Garden D/W:Driveway and retaining wall improvements.200,000 180,000 180,000 0 0 0 0 35,717 144,283 20,000 Driveway mitigation work to be included in 2007/2008 PMP project. $20,000 allocated to North Campus Mathcing Fund Program.48
49 Hakone Gardens Visitor Center/Matching Funds:Matching Funds from Park Development Fees for Visitor Center at Hakone Gardens.250,000 250,000 0 250,000 0 0 0 0 250,000 0 49
50 Ravenswood Park Playground Upgrade Project:Replacement of existing substandard play equipment.55,000 55,000 0 55,000 0 0 0 0 55,000 0 New Project FY 07/08. Funding identified.50
51 Wildwood Park Pedestrian Bridge Rehabilitation:Rehabilitation of existing pedestrian bridge to Wildwood Park.125,000 0 0 0 0 0 0 0 0 125,000 New Project FY 07/08. Funding unidentified.51
52 El Quito Park Improvements:Various improvements to El Quito Park including new water fountain, rehab of ex. picnic area and frontage landscaping.125,000 125,000 0 0 0 125,000 0 0 125,000 0 New Project FY 07/08. Landscape and Lighting funded project.52
Trail Projects
53 De Anza Trail:Development of new trail along the PG&E right-of-way.1,997,577 1,997,577 0 0 1,598,062 399,515 0 291,421 1,706,156 0 Conceptual design complete. Environmental to be complete fall 2007. 53
54 Heritage Orchard Perimeter Path Improvements:Construction of a dirt path around the perimeter of the Heritage Orchard.25,000 25,000 0 25,000 0 0 0 0 25,000 0 Work tentatively scheduled prior to Winter 2007.54
55 Trail Segment #3 Repairs: Erosion repair work to Trail Segment #3 ('Tank Trail').16,500 16,500 0 16,500 0 0 0 3,024 13,476 0 Work ongoing.55
56 Teerlink Ranch Trail Repair:Repair of trail segment located in Teerlink Ranch damaged during winter of 05/06.30,000 30,000 0 30,000 0 0 0 0 30,000 0 Work scheduled to begin in Fall 2007.56
57 San Marcos Open Space Trail:Development of a new trail through the San Marcos Open Space.27,500 27,500 0 27,500 0 0 0 2,172 25,328 0 Work ongoing. Completion scheduled Fall 2007.57
58 Calabazas Creek Trail:Installation of a pathway running along Calabazas Creek from Saratoga-Sunnyvale Road to the UPRR Tracks.100,000 0 0 0 0 0 0 0 0 100,000 Unfunded Project.58
59 Odd Fellows Trail Development:Development of a new trail through the Odd Fellows property establishing a link to the San Marcos Open Space.60,500 0 0 0 0 0 0 0 0 60,500 Unfunded Project.59
60 Carnelian Glen Trail - Foot Bridge Replacement:Replace three foot bridges along the Carnelian Glen Trail.18,000 18,000 0 18,000 0 0 0 0 0 0 New Project FY 07/08. Funding identified.60
Total Park & Trail Projects $5,397,277 $5,091,777 $1,857,546 $594,200$1,940,516 $699,515 $0 $818,778 $4,254,999 $305,500
FACILITY IMPROVEMENT PROJECTS
61 Historical Park Buildings - Fire Alarm System:Installation of fire alarm system in the Historical Buildings located in Historical Park. 7,425 7,425 7,425 0 0 0 0 882 6,543 0 61
62 North Campus Improvements: Exterior and interior upgrades to the facilities at the North Campus. 501,000 501,000 500,000 0 0 1,000 0 178,975 322,025 0 Work ongoing.62
63 North Campus Recreation Facility Matching Program:North Campus matching fund program for recreation activities. 40,000 40,000 40,000 0 0 0 0 0 40,000 0 63
64 Warner Hutton House Improvements:Improvements to the Warner Hutton for rentals:94,100 94,100 94,100 0 0 0 0 69,100 25,000 0 Work ongoing.64
65 Civic Center Landscape Improvements:Landscape, irrigation, and hardscape improvements at the Civic Center,110,000 110,000 110,000 0 0 0 0 46,296 63,704 0 Work ongoing.65
66 McWilliams House/Book-Go-Around Fire Alarm:Provides funding for installation of fire alarm system for the McWilliams House and Book-Go-Around buildings.25,000 25,000 0 0 0 0 0 0 25,000 0 66
67 Annual Facility Improvements:Provides funding for various facility maintenance projects.100,000 100,000 100,000 0 0 0 0 0 100,000 0 New Project FY 07/08. Previously included in the operating budget.67
Total Facility Projects $877,525 $877,525 $851,525 $0 $0 $1,000 $0 $295,253 $582,272 $0
ADMINISTRATIVE PROJECTS
68 Financial System Upgrade:Financial software and hardware system upgrade. 100,000 100,000 100,000 0 0 0 0 29,266 70,734 0 New Project FY 07/08. Funding previously in the operating budget.68
`Document Imaging Project - Public Works Transfer of hard copy documents into electronic imaging format.113,000 113,000 113,000 0 0 0 0 14,454 98,546 0 New Project FY 07/08. Funding previously in the operating budget.69
Total Administrative Projects $213,000 $213,000 $213,000 $0 $0 $0 $0 $43,720 $169,280 $0
TOTAL ALL CIP PROJECTS $18,528,032 $17,114,532 $5,699,311 $594,200$8,462,663$1,686,363 $614,000 $3,170,470 $13,926,062 $1,383,500
New CIP project with funding source partially or wholly unidentified.
KEY:
New CIP project with funding source identified and previously approved by City Council or project previously included in the operating budget.
Prior year approved CIP projects including funded and unfunded projects.
Capital Improvement Plan Project List
IDENTIFIED SOURCE OF FUNDS
FY 2007-2008 Update
227
PROJECT
#
Public Safety Projects
1 Saratoga-Sunnyvale/Seagull Traffic Signal:
2 Quito Road Bridge Replacement Project:
3 Herriman Avenue Traffic Signal:
4 Verde Vista Ln. Traffic Signal:
5 4th Street Bridge:
6 Traffic Calming (NTMP):
7 Safe Routes to Schools:
8 ADA Improvements (Hakone):
9 Highway 9 Traffic Signal Modifications:
10 Playground Safety (Brookglen, El Quito, Wildwood):
11 Kirkmont Dr. Traffic Signal:
12 Sobey Road/Quito Road Traffic Improvements:
13 Norton Road Fire Access:
14 Aloha Street Safety Improvements:
15 Highway 9/Oak Place Pedestrian Signal:
Total Public Safety Projects
228
Saratoga-Sunnyvale/Seagull Traffic Signal:
Quito Road Bridge Replacement Project:
Herriman Avenue Traffic Signal:
Verde Vista Ln. Traffic Signal:
4th Street Bridge:
Traffic Calming (NTMP):
Safe Routes to Schools:
ADA Improvements (Hakone):
Highway 9 Traffic Signal Modifications:
Playground Safety (Brookglen, El Quito, Wildwood):
Kirkmont Dr. Traffic Signal:
Sobey Road/Quito Road Traffic Improvements:
Norton Road Fire Access:
Aloha Street Safety Improvements:
Highway 9/Oak Place Pedestrian Signal:
Total Public Safety Projects
Infrastructure Projects
City Wide Traffic Signal Upgrades:
El Camino Grande/Monte Vista Storm Drain Improvements:
Saratoga-Sunnyvale Road "Gateway" Improvements:
El Quito Area Curb & Gutter Replacement:
Village Streetscape Improvements (Sidewalk/C&G):
Village Streetscape Improvements (Landscaping):
Storm Drain Upgrades:
Median Repairs (Landscaping/Irrigation):
Cox Avenue Railroad Crossing Arms Upgrade:
Prospect Avenue Medians:
Blaney Plaza Improvements - Master Plan Phase:
City Entrance Signs/Monuments:
Blaney Plaza Improvements - Construction Phase:
Chester Avenue Storm Drain Improvements:
Total Infrastructure Projects
229
New traffic signal @ Saratoga-Sunnyvale & Seagull
Replacement of two bridges on Quito Road
New traffic signal @ Herriman & Saratoga. Warrant study needed.
New traffic signal @ Verde Vista & Sara-Sunny. Meets warrants.
Replacement of existing substandard bridge at 4th & Saratoga Creek.
Annual funding for implementation of traffic calming toolkit.
Annual funding for implementation of Safe Routes to School Program.
ADA improvements per Hakone Foundation lease agreement.
Modification to Hwy 9 traffic signal in connection w/new fire dept.
Replacement of existing substandard play equipment.
New traffic signal @ Kirkmont & Sara-Sunny. Warrant study needed.
Software and hardware upgrades to the City's traffic signals
Storm drain improvements in the El Camino Grande/Monte Vista Area
Roadway improvements to Saratoga-Sunnyvale Road
Replacement of rolled curb & gutter for drainage mitigation.
Replace sidewalk and curb & gutter for safety and beautification.
Landscape beautification improvements.
Annual funds for storm drain rehabilitation and drainage improvements.
Plant replacement and irrigation improvements in existing medians.
Upgrade of crossing arm in conjunction with rail surface improvements.
New landscaped medians for beautification of Prospect Avenue.
230
New traffic signal @ Saratoga-Sunnyvale & Seagull. Meets warrants.
Replacement of two existing substandard bridges on Quito Road.
New traffic signal @ Herriman & Saratoga. Warrant study required.
New traffic signal @ Verde Vista & Sara-Sunny. Meets warrants.
Rehabilitation of existing bridge at 4th & Saratoga Creek.
Annual funding for implementation of traffic calming toolkit.
Funding for implementation of Safe Routes to School.
ADA improvements per Hakone Foundation lease agreement.
Modification to Hwy 9 traffic signal in connection w/new fire dept.
Replacement of existing substandard play equipment.
New traffic signal @ Kirkmont & Sara-Sunny. Warrant study needed.
Sobey Road/Quito Road roadway improvements to increase safety in the vicinity of Marshall Lane School.
Construction of a fire access road connecting Norton Road to Montalvo's Artist In Residency Road.
Roadway safety improvements at the intersection of Aloha Street and Highway 9.
New pedestrian traffic signal @ Highway 9 & Oak Place. Warrant study and Caltrans approval required..
City wide signal upgrades including integration of smart corridor technology.
Storm drainage improvements in the MonteVista/El Camino Grande area.
Infrastructure improvements to Saratoga-Sunnyvale Road concentrated between Prospect Road and the UPRR.
Replacement of rolled curb & gutter for drainage mitigation.
Replace sidewalk and curb & gutter for safety and beautification.
Landscape beautification improvements.
Annual funds for storm drain rehabilitation and drainage improvements.
Plant replacement and irrigation improvements in existing medians.
Railroad crossing surface upgrade for safety and improved drivability.
New landscaped medians for beautification of Prospect Avenue.
Master plan for the rehabilitation and beautification of Blaney Plaza.
Installation of Entry Signs/Monument at City entry points where none exist.
Implementation of improvements based on the Blaney Plaza Master Plan.
Storm drainage improvements in the Chester Avenue area.
231
$152,500 $152,500 $0 $0$120,000 $32,500 $0
2,372,900 2,372,900 0 0 0 158,193 1,898,320
150,000 5,000 5,000 0 0 0 0
150,000 5,000 5,000 0 0 0 0
500,000 500,000 100,000 0 0 0 400,000
250,000 250,000 250,000 0 0 0 0
250,000 50,000 50,000 0 0 0 0
317,500 250,000 0 0 0 0 200,000
250,000 250,000 225,000 0 0 0 0
350,000 350,000 0 66,000 0 0 284,000
150,000 5,000 5,000 0 0 0 0
150,000 150,000 150,000 0 0 0 0
110,000 110,000 110,000 0 0 0 0
49,500 49,500 49,500 0 0 0 0
145,000 4,000 0 0 0 0 0
$5,347,400$4,503,900 $949,500$66,000$120,000 $190,693$2,782,320
$508,705 $508,705 $0 $0 $0 $72,705 $436,000
100,000 100,000 0 0 0 100,000 0
3,112,380 3,112,380 0 0 0 2,232,280 880,000
550,000 460,264 460,264 0 0 0 0
850,000 0 0 0 0 0 0
275,000 225,000 225,000 0 0 0 0
250,000 250,000 250,000 0 0 0 0
182,500 182,500 182500 182,500 0 0 0 0
539,641 539,641 70,000 0 0 0 469,641
500,000 25,000 25,000 0 0 0 0
19,400 19,400 19,400 0 0 0 0
17,500 17,500 17,500 0 0 0 0
121,000 121,000 121,000 0 0 0 0
178,000 0 0 0 0 0 0
$7,204,126$5,561,390 $1,370,664 $0 $0$2,404,985$1,785,641
232
$0 $152,500 $0
316,387 465,004$1,907,896
0 0 $5,000
0 0 $5,000
0 0 $500,000
0 68,376 $181,624
0 26,044 $23,956
50,000 65,501 $184,499
25,000 167,066 $82,934
0 346,201 $3,799
0 0 $5,000
0 100,799 $49,201
0 8,000 $102,000
0 0 $49,500
0 4,000 $0
$391,387 $1,403,492$3,100,408
$0 $441,754 $66,951
0 0 $100,000
0 716,915$2,395,465
0 0 $460,264
0 0 $0
0 85,526 $139,474
0 250,000 $0
0 133,017 $49,483
0 124,916 $414,725
0 0 $25,000
19,400 $0
0 0 $17,500
0 10,161 $110,839
0 0 $0
$0 $1,781,689$3,779,701
233
Saratoga-Sunnyvale/Seagull Traffic Signal:$152,500 $152,500 $0 $0
Quito Road Bridge Replacement Project:2,372,900 2,372,900 0 0
Herriman Avenue Traffic Signal:150,000 5,000 5,000 0
Verde Vista Ln. Traffic Signal:150,000 5,000 5,000 0
4th Street Bridge:500,000 500,000 100,000 0
Traffic Calming (NTMP):250,000 250,000 250,000 0
Safe Routes to Schools:250,000 50,000 50,000 0
ADA Improvements (Hakone):317,500 250,000 0 0
Highway 9 Traffic Signal Modifications:250,000 250,000 225,000 0
Playground Safety (Brookglen, El Quito, Wildwood):350,000 350,000 0 66,000
Kirkmont Dr. Traffic Signal:150,000 5,000 5,000 0
Sobey Road/Quito Road Traffic Improvements:150,000 150,000 150,000 0
Norton Road Fire Access:110,000 110,000 110,000 0
Aloha Street Safety Improvements:49,500 49,500 49,500 0
Highway 9/Oak Place Pedestrian Signal:145,000 4,000 0 0
Total Public Safety Projects$5,347,400 $4,503,900 $949,500 $66,000
Infrastructure Projects
City Wide Traffic Signal Upgrades:$508,705 $508,705 $0 $0
El Camino Grande/Monte Vista Storm Drain Improvements:100,000 100,000 0 0
Saratoga-Sunnyvale Road "Gateway" Improvements:3,112,380 3,112,380 0 0
El Quito Area Curb & Gutter Replacement:550,000 460,264 460,264 0
Village Streetscape Improvements (Sidewalk/C&G):850,000 0 0 0
Village Streetscape Improvements (Landscaping):275,000 225,000 225,000 0
Storm Drain Upgrades:250,000 250,000 250,000 0
Median Repairs (Landscaping/Irrigation):182,500 182,500 182500 182,500 0
Cox Avenue Railroad Crossing Arms Upgrade:539,641 539,641 70,000 0
Prospect Avenue Medians:500,000 25,000 25,000 0
Blaney Plaza Improvements - Master Plan Phase:19,400 19,400 19,400 0
City Entrance Signs/Monuments:17,500 17,500 17,500 0
Blaney Plaza Improvements - Construction Phase:121,000 121,000 121,000 0
Chester Avenue Storm Drain Improvements:178,000 0 0 0
Total Infrastructure Projects$7,204,126 $5,561,390 $1,370,664 $0
30 McWilliams House Termite damage repair at Chamber Building.Improvements to structure.
31 Civic Center Master Plan (Design):Comprehensive Master Plan preparation for Civic Center Comprehensive Master Plan preparation for Civic Center.
32 Animal Control Facility:City's share of JPA cost for Construction of New Animal Control Facility
33 Civic Theater Lower Perimeter Re-Roof:Re-Roof the lower perimeter of the Civic Theater.
34 Civic Center Eave Replacement (Community Dev./Engineering):Replacement of courtyard eaves on the Community Development/Engineering wing of the Civic Center.
35 Historical Park Buildings - Fire Alarm System:Installation of fire alarm system in the Historical Buildings located in Historical Park.
36 Village Façade Matching Fund:Matching funds to business/property owners directed at improving building facades.
37 Book-Go-Around Repairs:Roof repair and storage room repair work at the Book-Go-Around building.
38 North Campus Improvements - Fellowship Hall:ADA restroom improvements and interior upgrades at the North Campus Fellowship Hall.
234
$120,000$32,500 $0 $0 ##
0158,193#######316,387 ##
0 0 0 0 0#
0 0 0 0 0#
0 0400,000 0 0#
0 0 0 0 ##
0 0 0 0 ##
0 0200,000 50,000 ##
0 0 0 25,000 ##
0 0284,000 0 ##
0 0 0 0 0#
0 0 0 0 ##
0 0 0 0 ##
0 0 0 0 0#
0 0 0 0 ##
$120,000 ##############$391,387 ##
$0$72,705#######$0 ##
0100,000 0 0 0#
0#######880,000 0 ##
0 0 0 0 0#
0 0 0 0 0#
0 0 0 0 ##
0 0 0 0 ##
0 0 0 0 ##
0 0469,641 0 ##
0 0 0 0 0#
0 0 0 ##
0 0 0 0 0#
0 0 0 0 ##
0 0 0 0 0#
$0 ##############$0 ##
150,000 30,000 30,00000000 30,000 $0
250,000 0 000000 0 $0
300,000300,000 300,00000000 300,000 $0
49,500 49,500 49,50000000 41,855 $7,645
25,000 17,600 17,60000000 0 $17,600
7,425 7,425 7,42500000 882 $6,543
50,000 50,000 50,00000000 21,164 $28,836
35,000 35,000 000000 33,326 $1,674
151,800 151,800 151,800 00000 0 $151,800
235
New CIP Projects Originating from TSC
Traffic Safety Commission Priority List
1
Herriman Avenue
Crosswalk Improvements:
Asphalt Option
Crosswalk enhancements located on
Herriman Avenue @ Lexington and
Saratoga Vista. $20,000
Herriman Avenue
Crosswalk Improvements:
Crosswalk enhancements located on
Herriman Avenue @ Lexington and
Saratoga Vista. $75,000
New Project FY 07/08. $50k at Lexington
and $25K at Saratoga Vista. Approved by
TSC on 6/07/07. Funding Unidentified.
2
Pedestrian Refuge Area at
Quito/McCoy Intersection:
Center refuge area and crossing
improvements on Quito Road at
McCoy. $15,000
New Project FY 07/08. Approved by TSC
on 4/12/07. Funding unidentified.
3
Saratoga Elementary
School Driveway and
Sidewalk Modification:
Driveway and sidewalk modification
to increase capacity of dropoff lane. $70,000
New Project FY 07/08. Approved by TSC
on 2/09/06. Funding unidentifed.
4 Ko mina Walking Path:
Walking Path on one side of Komina
adjacent to Oak Street School. $75,000
New Project FY 07/08. Approved by TSC
on 2/09/06. Funding unidentifed.
5
Quito Road Sidewalk
Improvements:
Construction of new sidewalk
improvements on Quito Road
between Highway 85 and Allendale
Avenue. $150,000 Unfunded Project.
6
Herriman Avenue Sidewalk
Improvements Option 1:
considered aesthetic
improvement, safe walkway
already implemented
Asphalt sidewalk/pathway leveling
course between AC berm and PCC
Curb. $50,000
New Project FY 07/08. Funding option to
place walkway inside of roadway.
Approved by TSC on 6/07/07. Funding
Unidentified.
7
Herriman Avenue Sidewalk
Improvements Option 2:
considered aesthetic
improvement, safe walkway
already implemented
New sidewalk/pathway along the
south side including retaining walls
and landscape modifications. $150,000
New Project FY 07/08. Funding option to
place walkway outside of roadway.
Approved by TSC on 6/07/07. Funding
unidentified.
8
Glen Brae Avenue Median
Choker:
Concrete median choker on Glen
Brae Avenue for traffic calming. $15,000
New Project FY 07/08. Approved by TSC
on 2/15/07. Funding unidenified.
236
SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
John Cherbone John Cherbone
SUBJECT: Newsrack Encasement Design, and Fee Schedule Amendment to implement the
adopted Newsrack Ordinance
RECOMMENDED ACTION:
Staff recommends the Council provide direction on the following:
• Newsrack Encasement Design.
• Amendment to the Fee Schedule to support the cost of the permit program, enforcement,
and maintenance of the encasements.
REPORT SUMMARY:
The Saratoga Village Design Guidelines call for the City to develop an ordinance to require
permits for newsracks on City streets. The Guidelines note that uncontrolled placement and
maintenance of newsracks on public sidewalks and other rights of way can be a physical and
visual nuisance to pedestrians. At its meeting of October 3, 2007, the City Council approved a
newsrack ordinance (Attachment A) and asked that staff come back to the Council with the
encasement design and proposed fees to support the newsrack program.
ENCASEMENT DESIGN:
Because of the special historic and aesthetic concerns in the Village, the City requires that all
newsracks in the Village be placed in a newsrack encasement. Staff consulted with the Village
Ad Hoc Committee and interested Village merchants on two types of newsrack designs.
The first type of design is a custom wood structure which encases the metal newsrack modules
(Attachment B). This design has been implemented in Carmel and can be constructed from real
wood or composite wood material. The roofing material can also be customized by using almost
any type normally used on single family dwellings.
The second design is produced by City Solutions, a company specializing in newsrack enclosures
(Attachment C).
Although we have not received formal costs for either type, staff believes that the current CIP
budget has sufficient funds to move forward with either. If additional funds are required, staff
Page 1 of 3
237
will bring back detailed cost information for budget augmentation. Staff may have hard cost
numbers by the time of the City Council meeting.
NEWSRACK PLACEMENT:
In addition to reviewing the newsrack designs, location and consolidation was discussed. To help
visualize the existing newsrack locations photos are attached indicating locations (Attachment
D).
Location Proposal
14428 Big Basin Way
Wells Fargo Move closer to Starbucks or up against wall
1 – 3 unit rack
1 – 1 unit rack
14440 Big Basin Way
Buy-n-Save Consolidate into one module
3 – 6 unit racks
14490 Big Basin Way
Third & BB Way Consolidate into one module
2 – 4 unit racks
2 – 1 unit racks
14510 Big Basin Way
4th & BB Way Eliminate
2 – 4 unit racks
2 – 1 unit racks
14567 Big Basin Way
(The Coffee Grounds) Discuss with property owner to place against building
1 – 4 unit rack
2 – 1 unit racks
14531 Big Basin Way
Aegis Gallery Discuss with property owner to place against building
1 – 4 unit rack
1 – 1 unit rack
14477 Big Basin Way
International Coffee/Echo Shop Consolidate into one module; place near property line
2 - 4 unit racks
2 – 4 unit racks
1 – 1 unit racks
FISCAL IMPACTS:
The Community Development Department is charged with the administration of the program and
estimates that it will require 0.33 FTE to run the program. This includes the Planning Division
staff, Finance staff, Code Compliance staff, and Public Works staff for the construction,
maintenance, and administration of the program. Costs associated with program administration
may be recovered through fees adopted in the Fee Schedule.
Page 2 of 3
238
Page 3 of 3
A survey was conducted of nearby cities and found that the majority of the cities contacted do
not charge anything. Those that do charge, collect only an encroachment fee for a new newsrack
location. The City of San Jose and the City of Campbell do not charge any fees. The Town of
Los Gatos charges a $100 encroachment fee for new newsracks and nothing for existing spaces.
The City of Saratoga currently charges $500 for a basic encroachment fee.
Based on the above, the Council could direct staff to charge no fees for the permit and only the
$500 encroachment permit for new newsrack locations. The advantage of not charging any basic
permit fee is that the cost to administer the permit process would be reduced by eliminating the
need for accounting of fees received. Unless the fee is significant the administration needed to
process the fee may cost more than the fee itself. Staff would still require a permit, but it would
be a simple process to sign up for use of an existing space and only require an encroachment
permit for new newsrack locations.
None of the other cities appear to charge fees that could be considered a cost recovery for the
amount of service needed for the program. If no fee is charged and only the basic encroachment
fee of $500 is used no amendment to the fee schedule would be required.
ALTERNATIVE ACTION:
Choose a different newsrack encasement design or fee requirement.
FOLLOW UP ACTION:
• Staff will have the encasements built and placed in the village.
• Staff will notify all of the newspaper distributors to apply for a permit.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on October 24,
2007. Notices were mailed to businesses in the Village and newspaper publishers.
ATTACHMENTS:
A. Newsrack Ordinance
B. Carmel encasements
C. City Solutions encasements
D. Current newsrack locations
E. Saratoga Village Design Guidelines excerpt
F. Notice and noticing labels
239
ORDINANCE __________
AN ORDINANCE ADDING ARTICLE 10-40 TO THE
SARATOGA CITY CODE RELATING TO NEWSRACKS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Adoption.
Article 10-40 is added to the Saratoga City Code to read:
10-40.010 Purpose and Findings
The purpose of these regulations is to acknowledge and achieve the following:
a. There is a substantial governmental interest in promoting the public health, safety, welfare
and convenience by ensuring that persons may reasonably use the public streets, sidewalks,
rights-of-way, and other public property without interference with such use and by ensuring that
the streets are maintained in an aesthetically pleasing manner that avoids congestion and clutter
of structures on sidewalks and other public rights of way.
b. Newsracks placed and maintained on the streets, sidewalks or other public rights-of-way,
absent some reasonable regulation, can under certain circumstances unreasonably interfere with
the use and enjoyment of such streets, sidewalks and public rights-of-way, and present hazards to
persons or property.
c. The streets, sidewalks and public rights-of-way are historically associated with the
distribution of newspapers and other publications, and access to and use of these areas for such
purposes is not to be denied except where such use unreasonably interferes with the use of these
areas by pedestrians or traffic, where such use presents a hazard to persons or property, or where
such use is carried out in a manner that creates congestion and clutter or detracts from the design
of the surrounding streetscape.
d. Reasonable accommodation of these competing interests can be achieved by adoption of
this Article, which imposes time, place or manner restrictions which regulate the placement and
maintenance of newsracks.
e. The public health, safety, welfare and convenience require that:
1. Interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided;
2. Obstruction of sight, distance and views of vehicular traffic, traffic signs and street-
crossing pedestrians be eliminated;
3. Damage done to sidewalks or streets be minimized and repaired;
4. The good appearance of the public streets and grounds be maintained;
5. Trees and other landscaping be allowed to grow without disturbance;
6. Access to emergency and other public facilities be maintained; and
7. Ingress and egress from properties adjoining the public rights-of-way be protected.
g. The regulation of the distribution of newspapers and other publications dispensed in
newsracks as set forth in this Article provides the least intrusive and burdensome means for
ensuring the purposes stated in this section are carried out while still providing ample
opportunities for the distribution of news and other printed matter to the residents of the City.
This Article applies only to newsracks on public property and does not apply on private property.
240
10-40.020 Definitions
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this section, unless the context or the provision clearly requires
otherwise:
a. Abandoned newsrack means any newsrack which contains no printed material supplied by
the newsrack permittee for fourteen consecutive calendar days, except that a newsrack remaining
empty due to a labor strike or any temporary and extraordinary interruption of distribution or
publication by the newspaper or other publication distributed from that newsrack shall not be
deemed abandoned.
b. Newsrack Permit Administrator means an employee of the City of Saratoga working
within the Community Development Department and designated by the Community
Development Director to manage and process the implementation and enforcement of a violation
under this Article.
c. Newsrack Appeal Officer means the Director of the Community Development Department
authorized to hear appeals of decisions of the Newsrack Permit Administrator.
d. Newsrack means any box, container, storage unit, or other dispenser installed, used or
maintained for the display and distribution of newspapers, periodicals or other printed matter.
Newsrack includes both modular newsracks, which have more than one opening, and single
newsracks, which have only one opening.
e. Newsrack encasement means a City owned and maintained, modular receptacle inside
which one or more privately owned newsracks may be placed. The newsrack encasement shall
be large enough to accommodate a newsrack which complies with the standards of this Article,
be permanently affixed to the ground or the side of a wall or other structure and be of a design
which is architecturally compatible with the surrounding area.
f. Public right-of-way has the same meaning as that term is defined in section 15-06.570 of
the Saratoga Municipal Code.
g. Roadway has the same meaning as that term is defined in section 9-10.150 of the Saratoga
Municipal Code.
h. Sidewalk has the same meaning as that term is defined in section 9-10.160 of the Saratoga
Municipal Code.
i. Single-slot opening means an individual opening within a modular newsrack.
j. Street has the same meaning as that term is defined in section 9-10.180 of the Saratoga
Municipal Code.
k. Village has the same meaning as that term is defined in section 15-06.710 of the Saratoga
Municipal Code.
10-40.030 Newsrack Permit Required
No person shall place or cause to be placed a newsrack on public right-of-way unless such
person (1) obtains a newsrack permit from the Newsrack Permit Administrator and (2) complies
with all requirements of this Article.
10-40.040 Permit Requirements and Standards
241
a. General. A newsrack permit is applicable only for the newsrack(s) and location(s)
described in the permit.
b. Duration. A newsrack permit shall be valid for one year and shall be renewable annually.
c. Permit Application. The newsrack permit application shall state the name, address and
telephone number of those responsible for installation, use and maintenance of the newsracks,
and shall describe, with particularity, the model and design of the newsrack(s) and the location(s)
proposed for installation. Contact information must be updated by the applicant within ten (10)
days of any change.
d. Review of Permit Application. The Newsrack Permit Administrator shall review each
application to determine whether each proposed newsrack complies with the requirements of this
Article. The Newsrack Permit Administrator shall, within thirty days of receipt of the permit
application, either issue a newsrack permit or deny the application, in whole or in part, and notify
the applicant in writing of the decision. If the application is denied, this notification shall include
an explanation of the reasons for denial. A denial may be appealed in accordance with this
Article. The authorization for any newsrack included in a newsrack permit shall be of no further
force and effect if that newsrack becomes an abandoned newsrack.
e. Amendments. A newsrack permit may be amended from time to time upon application for
an amendment containing the information described in subsection (c), above, for each additional
newsrack or location to be the subject of the permit. The Newsrack Permit Administrator shall
review such applications in accordance with subsection (d), above.
f. Encroachment Permits. A newsrack permit issued pursuant to this Article shall operate as
an encroachment permit and no separate permit pursuant to Article 10-20 of this Code shall be
required.
g. Fees. If a newsrack permit fee has been established by the City Council no newsrack permit
shall take effect until payment by the applicant of said fee. Any fee or fees adopted by the City
Council shall not exceed the costs of processing permit applications, amendments and renewals,
as well as the costs of maintaining newsrack encasements and enforcing this Article. The
Newsrack Permit Administrator may also require a bond or other form of security in an amount
reasonably necessary to ensure removal of each newsrack authorized by the newsrack permit in
the manner required by this Article.
h. Permit not a Bar to Enforcement. The issuance of a newsrack permit under this Article
shall not prevent the City from subsequently enforcing this Article, if a violation is later found to
exist.
10-40.050 Indemnification and Insurance Requirements
a. Indemnification. Every newsrack permit holder shall agree, prior to the effectiveness of the
newsrack permit, to indemnify and hold harmless the City, its officers and employees from any
loss, liability, damage or cost sustained by any person or property, arising from the installation,
operation or use of such newsrack; provided, however, that such obligation to indemnify and
hold harmless the City, its officers and employees shall not extend to any loss, liability damage
or cost resulting from the acts or property of another.
b. Liability Insurance. Each newsrack permit holder shall, prior to the effectiveness of the
newsrack permit, furnish to the City a certificate showing that the permit holder has then in force
public liability and property damage insurance naming the City as an additional insured in an
242
amount of not less than $250,000 minimum liability combined single limit (bodily injury and
property damage) per person and per occurrence. The permit holder shall provide and keep in
force that policy of public liability insurance during such time as it continues to own, operate,
use, or maintain any newsrack on a public right-of-way in the City. The evidence of insurance
filed with the City shall include a statement by the insurance carrier that 30 days’ notice will be
given to the City before any cancellation.
10-40.060 Design Standards for Newsracks
a. Newsrack Models. Each newsrack shall be substantially equivalent to a 49-16 or 100 style
(as manufactured by "Sho-Rack"), a KJ50/KJ55F (as manufactured by "K-Jack"), a M-30/M-33
(as manufactured by "National Newsvend"), a "armorhood 80 style" rack, or a "Ganset" rack, as
determined by the Newsrack Permit Administrator consistent with the provisions of this section.
b. Size Requirements. No newsrack shall be installed in a public right-of-way that does not
meet the approved newsrack dimensions of not more than fifty-four (54) inches high including
the pedestal measured from the ground to the top surface of the newsrack, not more than two (2)
feet deep and not more than thirty (30) inches wide.
c. Dangerous Design Prohibited. The design of a newsrack shall not create a danger to the
persons using the newsrack in a reasonably foreseeable manner.
d. Installation Standards. All newsracks shall be pedestal mounted and shall be permanently
affixed to the ground, except as permitted under this Article. Newsracks shall not be chained or
otherwise attached to a bus shelter, bench, street light, utility pole or sign pole, to any other
single or modular newsrack, or to any tree, shrub or other plant.
e. Height Requirements. The highest operable part of the coin slot, if provided for the
newsrack, and all controls, dispensers and other operable components of newsracks shall not be
greater than forty-eight (48) inches above the level of the adjacent pavement or sidewalk, nor
lower than fifteen (15) inches above the level of the adjacent pavement or sidewalk.
f. Compliance with the Americans with Disabilities Act. It is intended that the provisions of
this Article shall be interpreted and applied consistent with accessibility standards of the
Americans with Disabilities Act of 1990, P.L. 101-336, as amended.
g. Color Requirements. The color of all newsracks shall be tones of brown.
h. Advertising. A newsrack may display the logo or name of the publication it offers for
distribution. A newsrack must also display the identification label required by section 10-
40.090(d). No other advertising or displays are allowed on the exterior of a newsrack.
i. Newsrack Encasement Designs. The City may establish newsrack encasements in various
parts of the City (e.g., the Village area). The City will consult with and consider any applicable
design guidelines regarding the design, location, and size of the newsrack encasements.
10-40.070 Location Standards for Newsracks
a. Location Standards. Newsracks shall comply with the following standards:
1. Permissible Locations. Newsracks shall only be placed near a curb or adjacent to the wall
of a building, unless in a City approved encasement. The back of newsracks placed near the
curb shall be placed no less than eighteen inches nor more than twenty-four inches from the
edge of the curb. The back of newsracks placed adjacent to the wall of a building shall be
placed parallel to such wall and not more than six inches from the wall. No newsrack shall be
243
placed or maintained on a sidewalk or parkway opposite another newsrack or a kiosk which
distributes primarily newspapers, periodicals or other publications.
2. Roadways and Streets. No person shall install, stock, or maintain any newsrack which
projects onto, into or over any part of the roadway or street of any public right-of-way, or
which rests, wholly or in part, upon, along or over any portion of a roadway or street.
3. Prohibited Locations. No newsrack shall be placed, installed, used or maintained:
a. Within ten feet of any marked or unmarked crosswalk as measured from the curb
return;
b. Within five feet of any fire hydrant, fire callbox, police callbox, or other emergency
facility;
c. Within five feet of any driveway.
d. Within five feet of any bus bench;
e. Within five feet of any red curb of a bus stop zone;
f. Within five feet of any blue curb or a disabled parking zone;
g. In such a manner as to obstruct pedestrian or driver views of traffic signs or
oncoming traffic;
h. At any location where the clear space for the passage of pedestrians is reduced to less
than six feet;
i. In such a manner as to impede or interfere with the reasonable use of any commercial
window display;
j. Within fifteen feet of the curb return of any wheelchair curb ramp not in a marked
crosswalk;
k. Within a landscaped area;
l. In such a manner as to unreasonably obstruct or interfere with access to or the use and
enjoyment of abutting property.
4. Other Prohibited Locations. No person shall install, stock, or maintain any newsrack
which in whole or in part rests upon, in or over any sidewalk, when such installation, use or
maintenance either (1) endangers the safety of persons or property, (2) is in a location used for
public utility purposes, public transportation purposes or other government use, or (3)
unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including
handicapped access, the ingress into or egress from any residence, place of business, or the use
of poles, posts, traffic signs or signals, hydrants, postal service collection boxes or other
objects permitted at or near such location.
b. Limitations on Proximity of Newsracks. Newsracks shall be placed next to each other
whenever feasible. However, no group of newsracks placed along a curb shall extend for a
distance of more than eleven (11) feet. A newsrack may not be located on the same block within
fifty (50) feet of a group of newsracks unless there is no other suitable location within one
hundred (100) feet of the proposed location, in which case it may be located no less than four
feet from that existing group of newsracks.
c. Use of Newsrack Encasements. Where a newsrack encasement has been provided by the
City at a given location, and there is available space in that newsrack encasement, no newsracks
may be installed outside of the newsrack encasement on the same block as the encasement. If
adequate space in existing newsrack encasements does not exist, the City shall construct a new or
expanded newsrack encasement within 30 days or shall permit the applicant to install a newsrack
adjacent to the newsrack encasement until such time as the City constructs a new or expanded
newsrack encasement.
244
10-40.080 Special Newsrack Regulations in the Village
a. Findings. The City has determined that the Village is a unique, historic area of the City.
Because of numerous complaints from merchants in the Village, and in light of the special
aesthetic concerns and the extensive pedestrian use of the area, special regulation of newsracks
in the Village is necessary. In light of the unique conditions in the Village the City will install
newsrack encasements in the Village.
b. Use of Newsrack Encasements Mandatory. Within the Village, no newsrack may be
located except within a newsrack encasement. If adequate space in existing newsrack
encasements does not exist, the City shall construct a new or expanded newsrack encasement
within 30 days or shall permit the applicant to install a newsrack adjacent to the newsrack
encasement until such time as the City constructs a new or expanded newsrack encasement.
10-40.090 Maintenance and Removal
a. Regular Maintenance Required. Each newsrack shall be maintained in a neat and clean
condition and in good repair at all times. For example, without limitation, the newsrack shall be
reasonably free of dirt and grease, be reasonably free of chipped, faded, peeling or cracked paint,
be reasonably free of rust and corrosion, have no broken or cracked plastic or glass parts, and
have no broken structural parts.
b. Adhesive Labels Prohibited. Adhesive labels, other than City issued
identification/approval labels and advertising permitted pursuant to section 10-40.060(h) shall
not be displayed on newsracks.
c. Coin-Return Mechanisms. Each newsrack which requires the deposit of money to obtain
the publication shall be equipped with a coin-return mechanism to permit persons using the
machine to secure a refund in the event they are unable to receive the publication paid for. The
coin-return mechanism shall be maintained in good working order.
d. Contact Information. Every person maintaining a newsrack under the terms of this Article
shall have his or her name, current address, and telephone number (updated within ten (10) days
of any changes) and permit number affixed to it in a place where such information will be readily
visible and shall include, with such identification, instructions on how to receive a refund in the
event of coin-return malfunctions.
e. Removal. Upon the removal of a newsrack, the public right-of-way shall be returned to its
original condition including but not limited to the refilling of holes installed for purposes of
securing the newsrack. Any bond or security furnished to the City in connection with a
newsrack permit shall be returned to the newsrack owner upon removal of a newsrack in
accordance with this section.
10-40.100 Display of Certain Material Prohibited
245
No person shall sell, offer for sale, keep or maintain for sale, or distribute, or place or maintain
harmful matter, as such term is defined in Section 313 of the Penal Code of California, in any
newsrack on any public right-of-way.
10-40.110 Enforcement and Abatement
a. Declaration of Public Nuisance. Any newsrack in violation of this article shall constitute a
public nuisance.
b. Removal of Newsracks. Abandoned newsracks, any newsrack not authorized by a newsrack
permit that remains in effect, and any other newsrack otherwise in violation of this Article may
be removed by designated City employees as provided in this section.
c. Notice Required. Before any newsrack is removed, the owner shall be provided notice of
the violation and the City’s intent to remove the newsrack. Notice shall be provided by posting
on the newsrack. For newsracks authorized by a newsrack permit, notice also shall be mailed to
the address for notice provided in the newsrack permit. The notice shall list the code sections
being violated and shall provide the owner fourteen (14) days from the date of the notice to
remedy the violation or file an appeal. The notice shall state the address and location to file an
appeal of the notice of violation and intent to remove.
d. Opportunity to Contest Removal. Any person notified under this Article may file a request
for reconsideration of the notice of violation and intent to remove with the Newsrack Permit
Administrator. The Newsrack Permit Administrator shall set a time for a meeting with the
appellant at least three (3) but not more than ten (10) business days following receipt of the
request for reconsideration. The meeting shall be informal, but oral and written evidence may be
given by both sides. Any action by the City with respect to the alleged violation shall be stayed
pending the decision of the Newsrack Permit Administrator following the meeting, which
decision shall be rendered in writing no later than ten (10) business days after the meeting. The
Newsrack Permit Administrator may give oral notice of the decision at the close of the meeting,
but shall give written notice, as well, of all decisions. A decision of the Newsrack Permit
Administrator may be appealed as provided in section 10-40.120 of this Article.
e. Removal. The City may remove a newsrack if, following issuance of the notice of violation
and intent to remove, the person responsible for the newsrack has (1) not timely filed a request
for reconsideration with the Newsrack Permit Administrator or (2) not timely remedied the
violation. If a request for reconsideration has been filed the City may remove the newsrack that
was the subject of the request for reconsideration fourteen (14) days after the request for
reconsideration or appeal was denied if no further appeal has been filed with either the Newsrack
Appeal Officer or the City Council. Within three (3) days of removing said newsrack the City
shall notify the permit holder, if any, of the removal and of the opportunity to recover the
newsrack within 45 days of the date of removal. Where the newsrack was placed without a
permit the City shall provide notice to any persons provided notice in connection with the initial
notice of violation and intent to remove and any persons who filed an appeal of said notice.
f. Summary Removal for Dangerous Newsracks. Notwithstanding the provisions of
subsection (c) of this section, prior notice of removal is not required where the newsrack poses a
danger to pedestrians or vehicles. The City shall, within three (3) days of removing said
newsrack, provide notice and an opportunity to contest the removal of the newsrack in
substantial compliance with the provisions of this section.
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g. Recovery of Removed Newsracks. Removed newsracks shall be retained and may be
recovered by their owner within forty-five days of their removal. The owner shall pay an
impound fee recovering the actual cost to the City of removing, transporting, and storing said
newsrack. Newsracks removed by the City shall be retained within the City of Saratoga.
Newsracks which are not claimed within forty-five days shall be deemed permanently abandoned
and shall be disposed of. If a bond or other security has been filed with the City in connection
with a newsrack that has been removed, said bond or security shall be paid to the City. No
recovery fee shall be required of an owner of a newsrack for which the City has recovered a bond
or other security.
h. City Recovery of Costs. The cost of investigating, removing and storing newsracks under
this Section shall be chargeable as a civil debt to the owner thereof and may be collected by the
City in the same manner as it collects other civil debts or obligations, provided, however, that no
costs shall be chargeable for any amount recovered by the City pursuant to a bond or other
security filed in connection with a newsrack.
i. Remedies Cumulative. The enforcement and abatement provisions provided in this section
are a cumulative remedy and supplement the City’s ability to enforce this provision under other
procedures specified in this Code. Abatement under this section does not constitute a defense to
any proceedings which may be employed simultaneously pursuant to the general provisions of
this Code. Nothing in this Article shall be construed to limit any right or remedy otherwise
available in law or equity to any party harmed by a newsrack, nor shall this Article in any way
limit the City’s right to enforcement under any other provision of this Code or create a duty or
obligation on the part of the City to enforce this Article.
10-40.120 Appeals
a. Appeals of Permit Denials. If a permit application is denied by the Newsrack Permit
Administrator, the applicant shall have ten calendar days within which to appeal that decision to
the Newsrack Appeal Officer. The Newsrack Appeal Officer shall conduct a de novo review the
decision of the Newsrack Permit Administrator. The review shall be informal, but oral and
written evidence may be given by both sides. If the denial of the permit application is upheld by
the Newsrack Appeal Officer, the applicant may appeal that decision to the City Council, in
accordance with the appeals provisions of Section 2-05.030 of this Code.
b. Appeals of Removal Orders. If the Newsrack Permit Administrator denies a request for
reconsideration of a decision to remove a newsrack under section 10-40.110, the applicant shall
have ten calendar days within which to appeal that decision to the Newsrack Appeal Officer.
The Newsrack Appeal Officer shall conduct a de novo review the decision of the Newsrack
Permit Administrator. The review shall be informal, but oral and written evidence may be given
by both sides. If the removal order is upheld by the Newsrack Appeal Officer, the applicant may
appeal that decision to the City Council, in accordance with the appeals provisions of Section 2-
05.030 of this Code.
10-40.130 Compliance Period
Every pre-existing newsrack located within a public right of way in the City shall comply with
all provisions of this Article and obtain a newsrack permit within three (3) months of the
effective date of this ordinance or be voluntarily removed. Thereafter, any newsrack not in
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compliance shall be subject to enforcement as provided in section 10-40.120. Every new
newsrack proposed in the City after the effective date of this ordinance shall comply with the
provisions of this Article. Nothing contained herein shall limit the City’s authority to remove
newsracks that are a threat to public safety during the three month compliance period.
Section 2. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act, this action is exempt under CEQA
Guidelines Section 15308 (the amendment is exempt because it assures the maintenance,
restoration, enhancement, or protection of the environment).
Section 3. Severability.
If any section, subsection, sentence, clause, phrase or part of this article is for any reason held to
be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining parts of this article and the remaining
portions of this ordinance shall remain in full force and effect.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 19th day of September, 2007, and was adopted by the following
vote following a second reading on the 3rd day of October, 2007:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
____________________________ _____________________________
Aileen Kao, Cathleen Boyer,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
Saratoga, California Saratoga, California
APPROVED AS TO FORM:
__________________________________
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Richard Taylor, CITY ATTORNEY
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News Racks in the Village
14428 Big Basin Way
In front of Wells Fargo Bank
14440 Big Basin Way
In front of the BuynSave
14490 Big Basin Way
At the corner of Third & BBW
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14510 Big Basin Way
At the corner of Fourth and BBW
14567 Big Basin Way
In front of the Coffee Grounds
14531 Big Basin Way
In front of the Aegis Gallery
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14477 Big Basin Way – In front of International Coffee & The Echo Shop
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone and DIRECTOR: John Cherbone
Jonathan Wittwer
SUBJECT: Continuation of Hearing re Notice of Intent to Record Notice of Violation
RECOMMENDED ACTION: Staff recommends that the City Council place the Notice of Intent to
Record Notice of Violation regarding a Parcel Map (Recorder’s No. 18995051 - Foster) on the regular
agenda and open the item for comment. After receiving comments (if any) on the item, Staff recommends
that the City Council continue the item to March 5, 2008.
REPORT SUMMARY: Pursuant to Government Code § 66499.36, the City scheduled a hearing on the
Notice of Intent to Record a Notice of Violation for November 7, 2007. Subsequently, on October 24,
2007 City Staff and the Assistant City Attorney met with the owner of the property in question and her
attorney to discuss the matter. This was a productive meeting resulting in the presentation of additional
information by the property owner to the City Surveyor. City Staff and the property owner will be
working cooperatively to seek resolution of this matter as soon as reasonably possible. At the conclusion
of the October 24, 2007 meeting, both parties mutually agreed to request a continuance of the hearing to
March 5, 2008.
FISCAL IMPACTS: None
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
1) If the City Council does not open the hearing regarding this item on November 7, 2007, it could
be claimed that the City’s enforcement process would not be in compliance with State law.
2) If the City Council holds the full hearing on November 7, 2007, it could be claimed that the City
Council would have to take action on the item without complete information.
ALTERNATIVE ACTIONS:
1) The City Council could decide to consider the matter in full on November 7, 2007.
2) The City Council could discontinue the process of recording the Notice of Violation.
FOLLOW UP ACTION: The City staff will meet with the property owner to determine next steps,
either to prepare for the March 5, 2008 hearing or to resolve the matter prior to that date.
Page 1 of 2
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Page 2 of 2
ADVERTISING, NOTICING AND PUBLIC CONTACT: The City provided notice for this meeting
and City staff provided notice by certified mail to the property owner, Kim Foster.
ATTACHMENTS: None
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Kate Bear DIRECTOR: John Livingstone
SUBJECT: Requirements for Tree Protection Security Deposit for Community
Development Projects
RECOMMENDED ACTION:
Direct staff accordingly.
REPORT SUMMARY
On September 5, 2007 Council directed staff to agendize the requirement of security deposits for
tree protection during construction projects. City Code requires that applicants post a security
deposit equal to 100% of the International Society of Arboriculture (ISA) appraised value of
each tree potentially impacted by a project for the duration of the project.
BACKGROUND
On September 5, 2007 during oral communications, the owner of 14522 Oak Street stated that he
was unable to provide the required security deposit for the project in addition to the project costs.
The City’s Tree Regulations (Section 15-50 of the Municipal Code) require a security deposit to
protect trees during construction. Section 15-50.080 (d) states that whenever a property owner
has a construction project that encroaches (comes within 5 feet of the edge of the tree canopy)
upon a protected tree, a security deposit is required to protect that tree during construction. If the
trees are damaged or destroyed during the project, the security deposit may be used to pay for
replacement trees or to repair the damage to the trees. The required security deposit is equal to
100% of the International Society of Arboriculture valuation of the tree(s).
Sometimes the value of the bond comes to $100,000 or more, depending on the number, size and
species of trees impacted. A list has been attached summarizing recent projects, including the
number of trees impacted and the bond amount for the project. The City Code Tree Regulations
have also been attached, and sections pertinent to construction projects noted.
FISCAL IMPACTS:
Page 1 of 3
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None.
ALTERNATIVE ACTION:
As directed.
FOLLOW UP ACTION:
Staff will continue to work on the tasks recommended by Council.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The agenda was property posted for this meeting.
ATTACHMENTS:
1. List of recent projects and tree bond amounts
2. Copy of Tree Regulations 15–50 (relevant sections have been marked)
Page 2 of 3
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Page 3 of 3
ATTACHMENT – A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
WHEREAS,…..;
WHEREAS, the City of Saratoga …;
WHEREAS, the City of Saratoga….;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby resolves to…..;
AND BE IT FURTHER RESOLVED, that the City Council…...
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 1st day of August, 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
A i l e e n K a o , M a y o r
ATTEST:
_____________________________
Cathleen Boyer, City Clerk
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Tree Bonds for Recent Projects
Type of Project
Number of
Trees
Impacted
Amount of Bond
1Pool 2 $1,790
2Demo & New SFR 1 $2,530
3Addition 3 $3,490
42nd Story Addition 1 $3,780
5Demo Pool 1 $5,400
6Remodel & Addition 7 $5,890
7New Deck & Retaining Wall 3 $6,200
8Demo & New SFR 3 $9,680
9Demo Patio, 817sf Addition, & Swimming Pool 1 $12,100
10Demo Garage & Addition with New Garage 1 $15,100
11Remodel 5 $17,320
12Addition 5 $17,610
13Demo & New SFR 3 $17,900
14Demo & New SFR 2 $26,260
15Demo & New SFR 8 $27,220
16Demo 4 $28,080
17Remodel & Addition 2 $28,520
182nd Unit Addition 6 $28,930
19Addition of Master Bedroom & Closet 5 $30,630
20Demo & New SFR 56 $58,750
21Pool & Pathways 5 $69,350
22Remodel & Addition 14 $69,790
23Addition & Basement 13 $74,880
24New Landscape & Walls 2 $87,700
25Demo & New SFR 2 $89,000
26New Landscape & Sport Court 7 $102,710
27Remodel & Addition of 2nd Story & Landscape 26 $159,725
28Demo & New SFR 10 $172,600
29New SFR 60 $333,160
Average 9 $51,934
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TREE REGULATIONS
*Note to Article 15-50
* Prior Ordinance history: Ords. 71.86, 71-106 and 212.
15-50.010 Findings; purposes of Article.
The City Council finds that the City is primarily a residential community; that the economics of
property values is inseparably connected with the rural attractiveness of the area, much of which
is attributable to the wooded hillsides and the native and ornamental trees located throughout the
City; that the preservation of such trees is necessary for the health, safety and welfare of the
residents of the City in order to preserve scenic beauty, prevent erosion of topsoil, protect against
flood hazards and the risk of landslides, counteract pollutants in the air, maintain the climatic
balance and decrease wind velocities.
To complement and strengthen zoning, subdivision and other land use standards and regulations,
while at the same time recognizing the privileges of private property ownership, the City Council
adopts the ordinance codified in this Section to establish basic standards and measures for the
maintenance, removal, and replacement of trees. Thus, the ordinance codified in this Section is
designed to provide a stable and sustainable urban forest to preserve and protect significant
historic heritage values, and to enhance the unique aesthetic character and environment of this
City. (Amended by Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006)
15-50.020 Definitions.
For the purposes of this Article, the following words and phrases shall have the meanings
respectively ascribed to them by this Section, unless the context or the provision clearly requires
otherwise:
(a) Agricultural tree means a fruit or nut tree grown for the production of fruit or nuts.
(b) Approving body means the body having authority to approve or deny an application and
includes the Planning Commission and the Community Development Director.
(c) Arborist Report means a report prepared by a certified arborist and accepted by the
Community Development Director containing specific information on the location, condition,
structure, potential impacts of development, and recommended actions and mitigation measures
regarding one or more trees on an individual lot or project site.
(d) Bond or security deposit means a financial instrument which guarantees a future condition
and may include an irrevocable letter of credit or cash.
(e) Canopy or tree canopy means all portions of the tree with foliage. As context requires, the
term also describes the area inside the drip line.
(f) Crown means the portion of the tree above the trunk including the limbs and foliage.
(g) DBH means diameter at breast height. It is the diameter of a single stem trunk tree measured
at four and one-half feet above the ground while standing on the high side of the tree. The
diameter may be calculated using the following formula:
Diameter = Circumference / 3.142
To measure trees with multi-stem trunk, the tree diameter equals the full diameter of the largest
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trunk plus fifty percent of the diameter of all other trunks on the tree; each trunk is measured at
four and one-half feet above the ground while standing on the high side of the tree.
(h) Damage means any action undertaken which causes short-term or long-term injury, death, or
disfigurement to a tree. This includes, but is not limited to: cutting of roots or limbs, poisoning,
over-watering, relocation, or transplanting a tree, or trenching, grading, compaction, excavating,
paving or installing impervious surface within the root zone of a protected tree.
(i) Destroy means to cause the premature decline of tree health or life as evaluated and
determined by the City Arborist.
(j) Dripline means the outermost edge of the tree’s canopy. When depicted on a map or plan, the
dripline is the irregular shaped circle that follows the contour of the tree’s branches as seen from
overhead.
(k) Encroachment means any intrusion or human activity occurring within the root zone of a
tree, including, but not limited to structural pruning in excess of International Society of
Arboriculture Commission (ISA) Pruning Standards (2001 Edition), grading, excavating,
trenching, parking of vehicles, permanent or temporary storage of materials or equipment, or the
construction of structures or other improvements within the root zone of a tree.
(1) Heritage tree means any tree of historic significance as a tree having historic value related to
the heritage of the City and designated by action of the City Council upon recommendation of
the Heritage Preservation Commission.
(m) ISA Standards means the 2001 Edition of the Pruning Standards and the Tree Valuation
Formula contained in the April 2000 Guide for Plant Appraisal published by the International
Society of Arboriculture.
(n) Native tree means Coast Live Oak (Quercus agrifolia), Valley Oak (Quercus lobata), Tan
Oak (Lithocarpus densiflorus), Black Oak (Quercus kellogi), Blue Oak (Quercus douglasi),
Scrub Oak (Quercus dumosa), Big Leaf Maple (Acer macrophylhum), California Buckeye
(Aesculus californica), Douglas fir (Pseudotsuga menziesii) and Coast Redwood (Sequoia
sempervirens).
(o) Oak means any native oak tree of the Genus Quercus, regardless of size. This definition shall
not include oak trees planted, grown and held for sale by licensed nurseries or the first removal
or transplanting of such trees pursuant to and as part of the operation of a licensed nursery
business.
(p) Project site means the site of the proposed tree removal, pruning, or encroachment affecting
a protected tree.
(q) Protected tree has the meaning set forth in Section 15-50.050.
(r) Pruning means any and all work performed on or adversely affecting the roots, branches or
limbs of a protected tree.
(s) Remove and removal mean the physical removal or destruction of a tree or causing the death
of a tree through damaging, pruning, encroaching or other direct or indirect action on the canopy
or root zone.
(t) Root zone means a specifically defined area commencing at the trunk and moving outward to
form an irregularly shaped circle that follows the contour of the tree canopy and extending
beyond the dripline of the tree by five feet or such greater distance determined by the City
Arborist.
(u) Routine maintenance means actions needed for the continued good health of a tree
including, but not limited to, removal of deadwood, insect control spraying and watering.
(v) Street tree means any tree within the Public Street or right-of-way.
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(w) Shrub means a bushy, woody plant, usually with several permanent stems, and usually not
over fifteen feet high at maturity. The Community Development Director, after consultation with
the City Arborist may determine whether any specific woody plant shall be considered a tree or a
shrub.
(x) Structural pruning means pruning to maintain the size of lateral branches to less than three-
fourths the diameter of the parent branch or trunk.
(y) Tree means a woody perennial plant characterized by having a main stem or trunk, or a
multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten
feet high at maturity. This definition shall not include trees planted, grown and held for sale by
licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the
operation of a licensed nursery business.
(z) Tree fund means a City-held monetary account accounted for separately from other City
funds. The express functions of the Tree fund are: (1) To receive and hold any fines, penalty
assessments, civil penalties, bonds or other remedial funds or sources of funds for violations of
Article 15-50 of this Code; (2) To receive and hold monetary valuations and payments for
replacement trees pursuant to Section 15-50.170, as prescribed by the Community Development
Director, or as a condition of development approval; and (3) To pay for new or replacement
trees, their planting and maintenance, as determined by the Community Development Director,
on public properties, streets, easements and dedicated open spaces.
(aa) Tree Preservation Plan means a detailed plan containing all protective measures to be
implemented before, during, and, after any encroachment or other activity affecting one or more
protected trees including provision for future maintenance, to preserve and protect all trees to be
retained on a project site. (Amended by Ord. 226 § 2 (part), 2003)
15-50.030 Application of Article.
This Article shall apply to every owner of real property within the City, and to every person
responsible for removing, damaging, pruning or encroaching upon a tree regardless of whether
such person is engaged in a business for such purpose. (Amended by Ord. 226 § 2 (part), 2003)
15-50.040 Street trees.
(a) Policies and standards. The Community Development Director shall implement policies and
standards for street tree planting and maintenance as established from time to time by resolution
of the Planning Commission or City Council.
(b) Planting required condition of approval. The planting of street trees may be required as a
condition of any approval granted under this Chapter.
(c) Responsibility for maintenance. The City shall provide maintenance for street trees located
within a commercial district and on arterial roads, unless such maintenance responsibility has
been assumed by a property owner or other person under a landscape maintenance agreement
with the City. In all other areas of the City, the City shall not conduct but shall control the
planting, maintenance and removal of street trees and shrubs which might affect the public right-
of-way; the owner or occupant of such property shall be responsible for the maintenance of street
trees on the property and in the public right-of-way abutting the property. (Amended by Ord. 226
§ 2 (part), 2003)
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15-50.050 Removal of certain trees without permit.
Except as otherwise provided in Section 15-50.060, it is unlawful for any person to remove,
damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon
any protected tree, located on any private or public property in the City without first having
obtained a tree removal, pruning or encroachment permit issued pursuant to this Article and
authorizing the proposed action. A protected tree shall consist of any of the following:
(a) Any native tree having a DBH of six inches or greater
(b) Any other tree having a DBH of ten inches or greater.
(c) Any street tree, as defined in Section 15-50.020(v), regardless of size.
(d) Any heritage tree, as defined in Subsection 15-50.020(1) regardless of size.
(e) Any tree required to be planted or retained as a condition of any approval granted under this
Chapter or Chapter 14 of this Code.
(f) Any tree required to be planted as a replacement, as provided in Section 15-50.170 of this
Article. (Amended by Ord. 226 § 2 (part), 2003)
15-50.060 Exceptions.
The permit requirement set forth in Section 15-50.050 shall not apply to any of the following:
(a) Emergencies. If the condition of a tree presents an immediate hazard to life or property, it
may be removed without a permit on order of the City Manager, the Public Works Director, the
Community Development Director, their designated representatives, or a Peace Officer, or the
fire department having jurisdiction.
(b) Public utilities. Public utilities subject to the jurisdiction of the State Public Utilities
Commission may without a permit take such action as may be necessary to comply with the
safety regulations of the Commission and as may be necessary to maintain a safe operation of
their facilities.
(c) Project approval. Where removal of a protected tree or encroachment upon one or more
protected trees has been specifically authorized as part of any project approval granted under this
Chapter or Chapter 14 or 16 of this Code, no permit pursuant to this Article shall be required for
such activity, provided the Community Development Director determines in writing that the
criteria specified in sections 15-50.080 and 15-50.120 and 15-50.140 have been met. Any
protected tree authorized for removal, pruning or encroachment pursuant to such project
approval shall not be removed, pruned or encroached upon, until the issuance of a building or
grading permit for the improvements, which are subject of the approval. (Amended by Ord. 226
§ 2 (part), 2003)
15-50.070 Application for permit.
(a) Application. Application for a tree removal pruning or encroachment permit shall be made to
the Community Development Director on such form as he or she may prescribe. The application
shall contain the number and location of each tree to be removed, pruned or encroached upon,
the type and approximate size of the tree, the reason for removal, pruning or encroachment and
such additional information as the Director may require. The application shall be signed by the
owner of the property upon which the tree is located and if the applicant is not the owner of said
property shall include a statement that the owner consents to the activity described on the permit
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application.
(b) Notice. Prior to acting on an application for a tree removal permit affecting one or more
protected trees, notice shall be given to property owners within one hundred fifty feet at the time
of application, at least ten days before a decision on the permit is made.
(c) Pruning Permit: A permit is required for structural pruning in excess of ISA Standards (the
2001 Edition of which is hereby adopted by reference) any given growth period or year of any
protected tree. Pruning shall not exceed twenty-five percent of the canopy. No permit is required
for structural pruning, which complies with ISA Pruning Standards, or for the pruning of
productive agricultural trees.
(d) Notwithstanding the foregoing, either written permission or a permit is required for the
pruning of a protected tree the trunk of which is at least partially located on a neighboring
property. (Amended by Ord. 226 § 2 (part), 2003)
15-50.080 Determination on permit.
(a) Criteria. Each application for a tree removal pruning or encroachment permit shall be
reviewed and determined on the basis of the following criteria:
(1) The condition of the tree with respect to disease, imminent danger of falling, proximity to
existing or proposed structures and interference with utility services.
(2) The necessity to remove the tree because of physical damage or threatened damage to
improvements or impervious surfaces on the property.
(3) The topography of the land and the effect of the tree removal upon erosion, soil retention and
the diversion or increased flow of surface waters, particularly on steep slopes.
(4) The number, species, size and location of existing trees in the area and the effect the removal
would have upon shade, privacy impact, scenic beauty, property values, erosion control, and the
general welfare of residents in the area.
(5) The age and number of healthy trees the property is able to support according to good
forestry practices.
(6) Whether or not there are any alternatives that would allow for retaining or not encroaching on
the protected tree.
(7) Whether the approval of the request would be contrary to or in conflict with the general
purpose and intent of this Article.
(8) Any other information relevant to the public health, safety, or general welfare and the
purposes of this ordinance as set forth in section 15-50.010.
(9) The necessity to remove the tree for economic or other enjoyment of the property when there
is no other feasible alternative to the removal.
(b) Additional recommendations. The Community Development Director may refer the
application to another department, commission or person for a report and recommendation. The
Director may also require the applicant to furnish a written report from an ISA Certified Arborist
acceptable to the Director, such report to be obtained at the sole expense of the applicant. At the
discretion of the Community Development Director, City Arborist review may be required
before any tree removal, pruning or encroachment permit is issued or before approval of a
project involving the removal of, pruning of or encroachment upon one or more protected trees is
granted. City Arborist review shall also be at the sole expense of the applicant.
(c) Decision by Director. The Community Development Director shall render his or her decision
within thirty days after the filing of the application for a permit. The Director may grant or deny
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the application or grant the same with conditions, including, but not limited to, (1) the condition
that one or more replacement trees be planted of a species and size and at locations as designated
by the Director, (2) relocation of existing tree desired to be removed, and/or (3) payment of a fee
or the posting of a bond or security deposit in favor of the City to the Tree Fund. Any such tree
replacement, relocation, fee payment, or bonding or security deposit shall be at the sole expense
of the applicant.
(d) Security deposits and maintenance bonds. In the case of an application for, or a project
involving encroachment on one or more protected trees, the applicant shall post a security
deposit with the City in an amount equal to one hundred percent of the ISA valuation of the trees
involved. The City may also require posting of a maintenance bond or security deposit of at least
five years designed to ensure long term maintenance of the affected or replacement trees.
Security deposits or maintenance bonds required for protected trees or replacement trees in
public or private development may, in the reasonable discretion of the Community Development
Director, be refunded upon a determination that the project is in compliance with the City
Arborist’s requirements and/or Tree Preservation Plan. In the case of violations of this Article or
where replacement, restitution, or other remedy required pursuant to Section 15-50.170 cannot
be made on the project site, then such payments shall be made from the deposit or bond being
held before any refund is made. (Amended by Ord. 226 § 2 (part), 2003)
15-50.090 Development or improvement projects.
(a) Subdivision approval. When any application is made pursuant to Chapter 14 and that
proposal would involve removal of, pruning of, or encroachment upon a protected tree, the City
shall take into consideration the provisions of this Article in granting or denying the application.
(b) Project approval. Removal of, pruning of, or encroachment upon any protected trees
pursuant to project approval granted under this Chapter or Chapters 14 or 16 of this Code shall
meet the requirements of Section 15-50.140 and be evaluated according to the criteria in Section
15-50.080.
(c) Modifications to approved projects. In the event of any change or modification to an
approved site development plan which results in removal of or an increase in pruning of or
encroachment upon any protected tree, the provisions of this Article shall apply. (Amended by
Ord. 226 § 2 (part), 2003)
15-50.100 Appeals.
(a) Except otherwise provided in subsection (b) of this Section, any person objecting to a
decision by the Community Development Director made pursuant to any of the provisions of this
Article, may appeal such decision in accordance with the procedure set forth in Article 15-90 of
this Chapter. Any permit issued pursuant to this Article shall take effect immediately upon the
expiration of the appeal period specified in Article 15-90 of this Chapter unless the permit is
appealed. If the permit is appealed or a permit denial is appealed and the Planning Commission
upholds the permit or reverses the denial, the permit shall take effect immediately upon the
decision of the Planning Commission unless appealed to the City Council in accordance with the
procedure set forth in Article 15-90 of this Chapter.
(b) Where an application for a tree removal permit has been granted and the Community
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Development Director determines that the tree in question presents a clear and immediate threat
of causing injury to persons or property, the Community Development Director may issue the
tree removal permit prior to expiration of the appeal period specified in Article 15-90 of this
Chapter. (Amended by Ord. 226 § 2 (part), 2003
15-50.110 No liability upon City.
Nothing in this Article shall be deemed to impose any liability upon the City or upon any of its
officers or employees, nor to relieve the owner or occupant of any private property from the duty
to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way
over his property. (Amended by Ord. 226 § 2 (part), 2003)
15-50.120 Setback of new construction from existing trees.
Unless otherwise permitted by the approving authority, no structure, excavation or impervious
surface areas of any kind shall be constructed or installed within the root zone of any protected
tree without mitigating special design, such as post and beam footings that bridge the roots. No
parking, storing of vehicles, equipment or other materials shall be permitted within the dripline
of any protected tree without special design considerations approved by the Community
Development Director and the City Arborist. (Amended by Ord. 226 § 2 (part), 2003)
15-50.130 Arborist Report.
An Arborist Report shall be required for any application for discretionary development approval
that would require the removal of one or more trees protected by this Chapter and for any other
projects where the Community Development Director determines it is necessary. The
Community Development Director may require any Arborist Report (or portion thereof) to be
reviewed by the City Arborist. The Arborist Report and any review of it by the City Arborist
required by the Community Development Director shall be at the sole expense of the applicant.
(Amended by Ord. 226 § 2 (part), 2003)
15-50.140 Tree Preservation Plan.
(a) A Tree Preservation Plan shall be required for any project approved pursuant to Chapters 14,
15 and 16 of the Code on any site on which an Arborist Report is prepared.
(b) The Tree Preservation Plan shall consist of a separate detailed plan drawn to a sufficient scale
but no larger that twenty feet to the inch, with any details to be shown at least ten to the inch) to
clearly indicate all protection and mitigation measures to be taken as required by the Community
Development Director and/or the Arborist Report for the project.
(c) When a project has been submitted for approval pursuant to Chapters 14, 15, or 16, there
shall be no permits issued for grading or site improvements until a Tree Preservation Plan for the
project has been approved by the Community Development Director and the required protection
measures are determined to be in place through City inspection. Protection measures required
shall remain in place for the duration of the construction activity at the project site, or as
otherwise required by the City and shall not be removed until authorized by the Community
Development Director.
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(d) The Tree Preservation Plan and any permits for tree removal shall be maintained at the
project site at all times during construction activities and until all work has been completed,
inspected and approved by the City.
(e) At least three scheduled inspections shall be made by the City to ensure compliance with the
Tree Preservation Plan. The inspections shall, at a minimum include the following: (1) Initial
inspection prior to any construction or grading, (2) After completion of rough grading and/or
trenching, and (3) Completion of all work including planting and irrigation system installation.
Other inspections may be conducted as required by the Community Development Director.
(Amended by Ord. 226 § 2 (part), 2003)
15-50.150 Tree fund.
(a) Purpose and source of funds. A tree preservation fund shall be established for the City for
the purposes specified in Section 15-50.020(z). The Tree Fund shall be funded by those fines,
penalties, and other remedial payments which may be assessed by courts or administratively
imposed, including, but not limited to, those provided for in Chapter 3 of this Code for violations
of this Article. In addition, payments required for replacement trees pursuant to Section 15-
50.170, as prescribed by the Community Development Director, or as a condition of
development approval, or from payments made from a security deposit or bond, shall be held in
the Tree Fund and used to purchase new and replacement trees. The Community Development
Director and the City Arborist shall determine the selection, planting and location of any such
trees.
(b) Tree valuation. Lawfully removed trees to be replaced as a condition of development
approval shall be valued and their removal compensated for as follows: Trees replaced on or off
site according to good forestry practices, shall provide, in the opinion of the Community
Development Director, equivalent value in terms of aesthetic and environmental quality, size,
height, location, appearance, and other significant beneficial characteristics of the removed
tree/s. The City Arborist shall calculate the value of the removed tree/s in accordance with the
ISA Tree Valuation Formula contained in the April 2000 ISA Guide for Plant Appraisal, which
is hereby adopted by reference. (Amended by Ord. 226 § 2 (part), 2003)
15-50.160 Enforcement.
(a) General. The City shall vigorously enforce the provisions of this Article. Inspectors shall, in
the course of their regular duties, monitor construction activities. Any observed violations shall
be immediately reported to the Community Development Director for follow-up action.
(b) Stop work orders. Whenever any activities are in violation of the provisions of this Article,
applicable tree permit/s, Tree Preservation Plans, or conditions of project approval, a Building
Inspector, Public Works Director, Community Service Officer, or Community Development
Director shall issue a written notice to stop work on the project for which a violation has
occurred. The notice shall
state the nature of the violation or danger and with the exception of ordered remediation, no
work shall be allowed to proceed until the violation has been rectified and any remaining activity
approved by the City.
(c) Cumulative remedies. All remedies in this Section shall be cumulative and are not
exclusive. (Amended by Ord. 226 § 2 (part), 2003)
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15-50.170 Violations; penalties and remedies.
The violation of any provision contained in this Article is hereby declared to be unlawful and
shall constitute public nuisance and an infraction. As either a public nuisance or an infraction,
the violation shall be subject to the penalties or remedies as described in Chapter 3 of this Code
and any other remedies authorized by the City Code, including, but not limited to the following:
(a) Requiring that the violator obtain a tree removal, pruning or encroachment permit for the
previously conducted unlawful activity, including one or more of the following conditions as
appropriate:
(1) the violator shall replace each unlawfully removed tree with one or more new trees which can
be accommodated on the site of the violation according to good forestry practices and, in the
opinion of the Community Development Director, will provide equivalent value in terms of cost
(as determined pursuant to the City Arborist’s calculation of the value of the removed tree/s in
accordance with the ISA Tree Valuation Formula adopted by reference), aesthetic and
environmental quality, size, height, location, appearance and other characteristics of the
unlawfully removed tree; or
(2) where replacement trees cannot be accommodated on site according to good forestry
practices, or cannot provide equivalent aesthetic or environmental quality of removed tree/s on
site, the violator shall either plant replacement trees off site or make a cash payment to the City
Tree Fund (based on the City Arborist’s calculation of the value of the removed tree/s in
accordance with the ISA Tree Valuation Formula adopted by reference), or any combination
thereof, in accordance with the following:
(A) To the extent that a cash payment is required for any portion or all of the value of the
removed tree, such payment shall be doubled to reflect the estimated installation costs that would
be incurred if replacement trees are planted; and
(B) To the extent that the planting of offsite replacement trees is required, the retail cost of such
trees, as shown by documentary evidence satisfactory to the Community Development Director,
shall be offset against the value of the removed tree, but no credit shall be given for
transportation, installation, maintenance and other costs incidental to the planting and care of the
replacement trees; or
(3) Where the unlawful activity did not result in tree removal, but did result in tree damage, the
violator shall enhance the condition of the remaining trees or portions of trees according to good
forestry practices which in the opinion of the Community Development Director, will provide
equivalent value in terms of damage to the tree(s), aesthetic and environmental quality, size,
height, location, appearance and other characteristics of the unlawfully damaged tree; provide
equivalent enhancement of the condition of trees off site or make a cash payment to the City
Tree Fund (based on the City Arborist’s calculation of the equivalent value of the unlawful
damage to the tree).
(b) Any person who is required to plant replacement trees pursuant to this Section shall
permanently maintain such trees in a good and healthy condition, for a minimum of five years to
ensure permanent establishment of any such tree/s, as determined by the City Arborist. Such
person shall post a maintenance bond or security deposit in a form prescribed by the Community
Development Director and execute a maintenance agreement with the City, which shall be
recorded in the office of the County Recorder.
(c) As part of a civil action brought by the City, a court may assess against any person who
commits, allows, or maintains a violation of any provision of this Chapter a civil penalty. Where
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the violation has resulted in removal of a protected tree, the civil penalty shall be in an amount
not to exceed five thousand dollars per tree unlawfully removed unless the replacement value of
a tree un awfully removed is greater than five thousand dollars which case the civil penalty for
removal of that tree shall equal the replacement value (excluding installation) of the tree.
(d) Payment (to the extent authorized by law and determined appropriate by the Community
Development Director) of any criminal, civil, administrative, or other penalty or restitution order
into the Tree Fund.
(e) The violation of any provision contained in this Article during the conduct by any person of a
tree removal, structural pruning, landscaping, construction or other business in the City shall
constitute grounds for revocation of any business license issued to such person.
(f) All remedies provided in this Section shall be cumulative and are not exclusive. (Amended by
Ord. 226 § 2 (part), 2003)
15-50.180 Tree Companies, operating in the City.
Any business, which performs structural pruning or tree removal on protected trees in the City,
must be in possession of a Saratoga business license, and must have an ISA Certified Arborist on
staff, in a supervisory position for the accomplishment of such work. (Amended by Ord. 226 § 2
(part), 2003)
15-50.190 Possession of an approved tree removal permit.
Any person engaged in any conduct requiring a permit pursuant to this Article shall have in his
or her possession a copy of the approved permit. Upon request of a Peace Officer, City of
Saratoga Code Enforcement Officer or other City Official, the person engaging in the referenced
conduct shall produce the approved permit. If the person cannot produce the approved permit, all
activity shall be suspended until a permit can be produced or obtained from the Community
Development Department. (Amended by Ord. 226 § 2 (part), 2003)
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Approval of Banners for the Saratoga Village
RECOMMENDED ACTION:
Accept report, approve the proposed design for Village Banners and direct staff to work with the
Saratoga-Monte Sereno Community Foundation and Saratoga Village Development Council
(SVDC) to purchase and install the banners.
BACKGROUND:
As stated on its website, “the Saratoga-Monte Sereno Community Foundation (SMSCF) is a
non-profit organization of community and civic-minded, concerned individuals who are working
toward improving the quality of life in Saratoga and Monte Sereno, California.”. SMSCF has
graciously agreed to grant $4,500 to purchase holiday banners to be installed in the Saratoga
Village. An image of the proposed banner design is provided for your reference as Attachment
“A”.
An estimate of $5,728.59 has been received for 28 sets of banners (18” x 45”), mounting
brackets, associated materials and taxes. An additional charge for shipping will be assessed.
Since the total amount for the banners exceeds the funds granted by SMSCF, the SVDC has
graciously agreed to fund the additional charges of $1,228.59, plus shipping.
The banners would be installed on the poles in the Village that are currently vacant. Currently
installed historic banners will remain on the other poles. The City’s Public Works Department
will provide in-kind support to prepare the poles and install the banners. Assuming the banners
can be purchased and shipped with a quick turnaround, City staff intends to install them prior to
the Annual Holiday Tree Lighting Ceremony scheduled for November 23rd.
FISCAL IMPACTS:
There are no direct financial impacts to the City of Saratoga for purchase and installation of the
proposed banners in the Village.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
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Page 2 of 2
The proposed banners would not be purchased and installed in the Village.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Image of Proposed Village Banners
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Reproduction in any manner, in whole or in part, of any portion of these images is strictly prohibited.
All portions, including copy, photographs, artwork, and product designs are our exclusive property. All
portions have been copyrighted and may not be copied or reproduced.
Computers and printers will always give different
results in color representation. Final banners are
printed in CMYK and will have slight variations in
color.
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SARATOGA CITY COUNCIL
MEETING DATE: November 7, 2007 AGENDA ITEM:
ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: DEPT HEAD:
John Cherbone, PW Director John Cherbone, PW Director
SUBJECT: Saratoga Village Parking Update
RECOMMENDED ACTION(S):
Accept report and provide direction to staff regarding Saratoga Village parking.
REPORT SUMMARY:
Background:
The adequacy of parking in the Village has been an ongoing issue of interest to merchants,
property owners, patrons, and policy makers since the City was incorporated.
Over time the City created four parking districts in order to increase parking capacity in the
Village. The parking districts were financed and built by assessing property owners who directly
benefited from the proposed district. Once a parking district was established the City took over
ownership and maintenance responsibility, thus creating the public parking capacity that currently
exists in the Village.
Parking studies of various levels have been developed over the years in order to provide the City
with information to help make policy decisions regarding development of new parking areas and
to assist in regulating development in the Village.
The most recent parking study of the entire Village was completed in September 2001 with an
update prepared in July of 2002 and a summary report prepared October 2005 by the City’s
Traffic Engineer, Fehr & Peers (Attachment 1). The study concluded that adequate parking was
available in the Village with a surplus of 93 parking spaces identified as being “available” during
peak hour demand.
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Discussion:
An obvious question comes to mind when discussing parking issues in the Village: “If there is
sufficient parking capacity in the Village, why do some people perceive that there is not adequate
parking?”
Staff believes that a combination of factors contributes to the perceptions about inadequate
parking:
1. The distributions of peak hour businesses (mainly restaurants) are denser in specific
locations in the Village, which causes a greater demand for parking spaces near those
areas.
2. Surplus parking spaces (Parking District #3) are further away from higher peak hour
uses, and patrons may not want to walk the extra distance to get to their destination.
3. The locations of the City’s public parking areas are not well marked, which may result in
some areas being underutilized.
4. The employees of the various businesses may be using up a number of “prime” spaces
i.e., on street parking, thus adding to the parking issues in the high peak areas.
If it is agreed that the above mentioned issues contribute to the perception by some that there is
insufficient parking, what can the City do to help solve these issues?
1. The City could provide more parking near the denser peak hour areas of the Village.
Pros: Would solve parking demand issues in peak hour areas of the Village.
Cons: Very costly to build new parking areas or structures.
Difficult to predict where the density of peak hour businesses will be located over
time as businesses come and go.
Note: Staff is exploring opportunities to acquire access to private parking areas for the public
using developer funds in the amount of $40,000 the currently City possesses.
2. The City could contract with a Valet service to distribute vehicles to underutilized
parking areas in the Village.
Pros: Distributes vehicles to designated parking areas in the Village that are
underutilized.
Convenient method of parking vehicles for patrons visiting the Village.
Proven track record with two businesses in the Village currently using Valet
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services.
Cons: Possible costs to operate the Valet service if not self funding.
Determination of the appropriate location of the Valet service points which will
provide equal service to all businesses.
3. Provide more and better signage in the Village to direct patrons to existing City public
parking.
Pros: Will assist patrons in locating available public parking areas.
Minimal cost.
Cons: None identified.
Note: The Village Ad-hoc has given direction to update parking directional signage. The City
Traffic Engineer has completed a signage plan that will be implemented by the first of the year.
4. Create employee parking areas with longer parking designations farther away from
businesses.
Pros: Higher peak hour areas will see additional parking spaces freed up for patrons.
Cons: Requires consistent parking enforcement and resources on an ongoing basis.
Currently, parking is enforced by our Sheriff Deputies when time and resources allow.
Note: The City Traffic Engineer is currently performing a parking study of Parking Districts 2 &
4 to determine if employee parking is impacting available customer parking in these areas.
City Council Direction
Based on the above information City Council can direct staff to follow-up on Village Parking
issues in various ways:
• Continue to monitor parking in the Village and alert City Council of issues as they
arise.
• Provide more information to City Council connected to Valet Services for the
Village.
• Direct the City Traffic Engineer to update the parking analysis report.
• Direct the City Traffic Engineer to analyze specific parking areas in the Village.
• Provide additional information to City Council regarding options to build more
parking capacity in the Village.
• Provide additional information regarding Parking Management in the Village via
parking restrictions and enforcement.
FISCAL IMPACTS:
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Depends on City Council direction.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S):
Depends on City Council direction.
ALTERNATIVE ACTION(S):
None in addition to the above.
FOLLOW UP ACTION(S):
Staff will follow-up on Village parking issues based on City Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
1. Village Parking Study.
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