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04-15-2009 City Council Agenda
SPECIAL MEETING –5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:30 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on April 10, 2009) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council f or up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURNED TO CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – Threatened Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) CONFERENCE – REAL PROPERTY NEGOTIATION (Gov’t Code Section 54956.8): Property described as APN #503-48-014, #517-32-001 Agency Negotiator: Dave Anderson, City Manager CONFERENCE – REAL PROPERTY NEGOTIATION (Gov’t Code Section 54956.8): Cell Tower Leases on City Property Agency Negotiator: Dave Anderson, City Manager and Barbara Powell, Assistant City Manager CONFERENCE – REAL PROPERTY NEGOTIATION (Gov’t Code Section 54956.8): Wildwood Way Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works Director ANNOUNCEMENT OF CLOSED SESSION CALL JOINT MEETING TO ORDER – 6:00 P.M. 1. Joint Meeting with Saratoga Youth Commission Recommended Action: Informational only. AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL APRIL 15, 2009 1 ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on April 10, 2009, 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 10th day of April 2009 at Saratoga, California. Ann Sullivan, CMC City Clerk 2 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 April 10, 2009) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamation Recognizing April 24, 2009 as Arbor Day in the City of Saratoga Recommended action: Acknowledge proclamation declaring April 24, 2009 as Arbor Day in the City of Saratoga. 2. Plaques for Designated Local Landmarks Recommended action: Receive presentation from the Heritage Preservation Commission (HPC) and present five (5) Landmark and one (1) National Register of Historic Places plaques to AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, April 15, 2009 recipients. SPECIAL PRESENTATIONS CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. City Council Minutes – April 1, 2009 Recommended action: Approve minutes. 4. City Council Minutes – April 5, 2006 Recommended action: Approve minutes. 5. Minutes – March 31, 2009 Housing Element Study Session Recommended action: Approve minutes. 6. Review of Accounts Payable Registers Recommended action: That the City Council accepts the Check Registers for Accounts Payable cycles: March 26, 2009 April 02, 2009 7. Adopt Ordinance (1) modifying a State map identifying the areas in the City considered to be very high fire hazard severity zones and adopting it as the City's Wildland-Urban Interface Fire Area Map; (2) updating sections of the City’s Municipal Code which reference the City’s current hazardous fire area map to ensure they reference the new Wildland-Urban Interface Fire Area Map; and (3) adopting revisions to Article 16-60 (“Early Warning Fire Alarm System”) of the City Code specifying enforcement procedures for violations of that article. Recommended action: Waive the Second Reading and adopt the Ordinance. 8. Adoption of an Ordinance Amending the City of Saratoga Municipal Code to Include a Compilation of Existing Local Laws that Promote Sustainability through the Reduction of Greenhouse Gas Emissions Recommended action: Waive the second reading of the proposed ordinance amending the City of Saratoga Municipal Code to include a compilation of existing local laws that promote sustainability through the reduction of greenhouse gas emissions. 9. Changes in previously approved Independent Contractor Agreement with LSA Associates for Environmental Consultant Services. Recommended action: Authorize technical changes in the contractual agreement with LSA Associates (LSA) to prepare environmental documents for land development applications with the City of Saratoga (City). 10. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 09-10 Recommended action: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 09-10 2. Move to adopt the Resolution of Intention 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 11. Landmark Designation for 21000 Big Basin Way (Hakone Gardens) Recommended action: The Heritage Preservation Commission (HPC) recommends the City Council: (1) Open the public hearing and accept public testimony on the attached Ordinance to designate the subject property as a Historic Landmark; (2) Close the hearing and introduce the attached Ordinance and waive first reading; (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regular Council meeting. 12. Consider approval of a negative declaration and introduction of ordinance to (1) extend the waiver of off-street parking requirements in the CH1 and CH2 Zoning Districts, (2) make various clarifying amendments to the Off-Street Parking and Loading Facilities Zoning Regulations, and (3) amend Article 15-90 to conform provisions concerning appeals of Planning Commission decisions with recent amendments to Section 2-05.030 concerning appeals to the City Council. Recommended action: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing, approve the negative declaration, introduce and waive the first reading of the parking waiver extension and other code amendments, and direct staff to schedule this the ordinance for adoption on the consent calendar at the next regularly scheduled City Council meeting. (1) Open the public hearing and accept public testimony on the attached Ordinance to designate the subject property as a Historic Landmark; (2) Close the hearing and introduce the attached Ordinance and waive first reading; (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regular Council meeting. 13. Proposed ordinance amending the City Code to replace the requirement for use of Roberts Rules of Order with a requirement allowing the City Council to adopt rules of procedure by resolution and clarify procedures for addressing the City Council and proposed ordinance to adopt rules of procedure. Recommended action: (1) Open the public hearing and consider all testimony received; (2) Introduce and waive the first reading of the attached ordinance; and (3) Direct staff to place the attached ordinance and resolution on the consent calendar for adoption at the May 6, 2009 City Council meeting. (1) Open the public hearing and accept public testimony on the attached Ordinance to designate the subject property as a Historic Landmark; (2) Close the hearing and introduce the attached Ordinance and waive first reading; (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regular Council meeting. OLD BUSINESS 14. Direction regarding Pedestrian, Equestrian, and Bicycle Trails Advisory Committee recommended amendments to the Circulation and Scenic Highway Element of the City of Saratoga General Plan and adoption of resolution to establish a no parking/stopping zone on Saratoga Avenue starting at the northwest corner of Saratoga Avenue at Lawrence Expressway and continuing south for five hundred (500) feet. Recommended action: 1. Review the joint recommendation of the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee and the City’s Traffic Engineers regarding amendments to the City’s Circulation and Scenic Highway Element and provide direction to staff. 2. Adopt the attached Motor Vehicle Resolution to establish a no parking/stopping zone on Saratoga Avenue starting at the northwest corner of Saratoga Avenue at Lawrence Expressway and continuing south for five hundred (500) feet. NEW BUSINESS 15. Recommendation to Withdraw from the Cal-ID Program Recommended action: Accept presentation by Captain Calderone and Sheriff Laurie Smith to pull funding from the Cal-Id program until such time that funding options are changed to represent actual use by the city. 16. City Council Summer Schedule Recommended action: Accept staff report and direct staff accordingly on the City Council summer schedule. The Council may choose one of following options. 1. Maintain the current summer schedule; with the Council not having a meeting on the third Wednesday in August. (August 19) 2. Schedule the Council recess for the first Wednesday of August (August 5), rather than the third Wednesday of August. 3. Cancel August City Council meetings. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Hakone Foundation Executive Committee Peninsula Division, League of California Cities SSC Cities Association Board SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Sanitation District West Valley Mayors and Managers Association Council Finance Committee City School Ad-Hoc Vice Mayor Kathleen King Hakone Foundation Board West Valley Flood Control Zone & Watershed Advisory Committee SSC Cities Association Executive Board SCC Cities Association – Joint Economic Development Policy Committee (JEDPC) City School Ad-Hoc Councilmember Jill Hunter Historical Foundation Library Joint Powers Association Santa Clara County Valley Water District Commission Village AdHoc Councilmember Howard Miller Chamber of Commerce KSAR Santa Clara County Emergency Council West Valley Solid Waste Joint Powers Association Council Finance Standing Committee Councilmember Susie Nagpal ABAG Comprehensive County Expressway Planning Study Policy Advisory Board (PAB) County HCD Policy Committee SASCC Sister City Liaison Village AdHoc CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on April 10, 2009, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 10th day of April 2009at Saratoga, California. Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 5/6 Regular Meeting – Joint Meeting with Mt. Winery 5/20 Regular Meeting – Joint Meeting with Montalvo Arts 6/3 Regular Meeting – Joint Meeting with Parks and Recreation Commission 6/17 Regular Meeting – Joint Meeting with HOA Presidents 7/1 Regular Meeting – 7/15 Regular Meeting – Joint Meeting with SASCC 8/5 Regular Meeting – Joint Meeting with Saratoga Ministerial Association 8/19 SUMMER RECESS – NO COUNCIL MEETING 9/2 Regular Meeting – Joint Meeting with Hakone Foundation 9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees 10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission 10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage Preservation Comm. 11/4 Regular Meeting – Saratoga Village Development Council 11/18 Regular Meeting - 12/1 Council Reorganization 12/2 Regular Meeting - 12/16 Regular Meeting - CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2009 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Proclamation Recognizing April 24, 2009 as Arbor Day in the City of Saratoga RECOMMENDED ACTION: Acknowledge proclamation declaring April 24, 2009 as Arbor Day in the City of Saratoga. BACKGROUND: Arbor Day is celebrated throughout the nation to recognize the environmental, economic, and social benefits of trees. On Friday, April 24, 2009, the City will be celebrating national Arbor Day in Beauchamps Park at 3:30 p.m. The event will include a ceremonial tree planting to reflect the City’s commitment to preserving Saratoga’s urban canopy, as well as refreshments and free seedlings that members of the public can plant at home. The City of Saratoga has been recognized as a Tree City USA. This award is bestowed to cities that have demonstrated dedication to the preservation of the community’s urban forest. Last fiscal year, the City planted a total of 50 trees and pruned and treated over 400 trees. Kate Bear, the City of Saratoga Arborist, will be accepting the Arbor Day Proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A 3 Page 2 of 2 FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Arbor Day Proclamation 4 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING APRIL 24, 2009 AS ARBOR DAY IN THE CITY OF SARATOGA WHEREAS, in1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, and fuel for our fires; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; NOW, THEREFORE, I, Chuck Page, Mayor of the City of Saratoga, do hereby proclaim April 24, 2009 as Arbor Day in the City of Saratoga, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and BE IT FURTHER RESOLVED that I urge all citizens to attend the Saratoga Arbor Day celebration on April 24, 2009 at 3:30 p.m. in Beauchamps Park and plant trees to gladden the heart and promote the well-being of this and future generations. _________________________ Chuck Page, Mayor City of Saratoga 5 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Plaques for Designated Local Landmarks RECOMMENDED ACTION: Receive presentation from the Heritage Preservation Commission (HPC) and present five (5) Landmark and one (1) National Register of Historic Places plaques to recipients. BACKGROUND: On March 7, 2007, the City Council accepted a $2,000 donation from the Saratoga Lions Club for the purchase of plaques to identify historic properties. A total of seven plaques were ordered and delivered to the City. These include five plaques for local landmarks and two plaques for properties listed in the National Register of Historic Places (National Register). Landmark Plaques Five landmark plaques are to be presented to the following properties to acknowledge their local landmark status. · Almond Hill - 14475 Park Place · Casa de Tesoro - 14288 Chester Avenue · Saratoga Foothill Club – 20399 Park Place · Heritage Orchard – Corner of Fruitvale and Saratoga Avenue · Warner Hutton House – 13777 Fruitvale Avenue National Register Plaques One National Register plaque is to be presented to the following property. · Warner Hutton House – In 2006 the Warner Hutton House was listed in the National Register. This distinction is honored with a plaque to be mounted, along with the landmark plaque, near the entrance facing Saratoga Avenue. In 2007 the Village Library located at 14410 Oak Street was added to the National Register. The HPC presented the plaque to the library during a celebration in 2008 to mark the anniversary of the Village Library. The plaque has been installed near the front entrance. 6 Page 2 of 2 FISCAL IMPACT: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Not Applicable ALTERNATE ACTION: Not Applicable FOLLOW-UP ACTIONS: None ADVERTISING, NOTICING, AND PUBLIC CONTACT: The agenda was posted. 7 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – April 1, 2009 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for April 1, 2009 City Council meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from April 1, 2009 – City Council meeting. 8 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – April 5, 2006 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for April 5, 2006 City Council meeting. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from April 5, 2006 – City Council meeting. 9 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson SUBJECT: Minutes – March 31, 2009 Housing Element Study Session RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the March 31, 2009 Housing Element Study Session. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from March 31, 2009 Housing Element Study Session. 10 Dave Anderson Melanie Whittaker Mary Furey RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 03/26/09 111857 111913 56 437,753.54 3/26/2009 3/19/2009 111856 04/02/09 111914 111952 38 48,753.67 4/2/2009 3/26/2009 111913 AP Date Check No. Issued to Dept.Amount 03/26/09 111865 Public Safety 14,176.04 03/26/09 111902 Streets & Storm Maintenance 36,131.31 03/26/09 111906 Public Safety 330,022.46 04/02/09 111939 Various 10,945.58 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No.Amount 3/26/2009 4/2/2009 111818 (56.00) (None to report) Issued to Description Lynel Gardner Void - Reissue Pacific Gas & Electric Various Monthly Electric Services Republic Its General Traffic Signal Maintenance Santa Clara County - Office of the Sheriff General Law Enforcement - Monthly Services Fund Purpose City of San Jose - Animal Services General Animal Services - Monthly Prior Check Register Accounts Payable Accounts Payable The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: SUBJECT: Review of Accounts Payable Check Registers. March 26, 2009 April 02, 2009 Type of Checks Date Starting Check No. Ending Check No.Total Checks Amount Checks Released DEPARTMENT:Finance & Administrative Services CITY MANAGER: PREPARED BY:DEPT. DIRECTOR: SARATOGA CITY COUNCIL MEETING DATE:April 15, 2009 AGENDA ITEM: 11 The following is a list of cash reduction by fund: Fund #AP 03/26 AP 04/02 Total 111 General 415,320.71 27,077.43 442,398.14 211 CDBG Administration - 212 Saratoga Housing & Rehab. Pgm.- 231 Village Lighting 3,525.27 3,525.27 232 Azule Lighting 223.31 223.31 233 Sarahills Lighting 248.31 248.31 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape - 243 Carnelian Glen 43.59 43.59 244 Cunningham/Glasgow Landscape - 245 Fredericksburg Landscape - 246 Greenbriar Landscape 39.84 179.00 218.84 247 Kerwin Ranch Landscape 172.51 172.51 248 Leutar Court Landscape - 252 Prides Crossing Landscape 795.00 27.83 822.83 253 Saratoga Legends Landscape 212.88 363.00 575.88 254 Sunland Park Landscape 115.22 115.22 255 Tricia Woods Landscape 11.57 8.87 20.44 271 Beauchamps Landscape 47.26 47.26 272 Bellgrove Landscape 320.74 320.74 273 Gateway Landscape - 274 Horseshoe Landscape/Lighting 101.71 101.71 275 Quito Lighting 1,228.52 1,228.52 276 Tollgate LLD 25.70 9.76 35.46 277 Village Commercial Landscape 686.96 686.96 311 Library Bond Debt Service - 411 CIP Street Projects 129.90 3,044.03 3,173.93 412 CIP Parks Projects 815.42 1,066.00 1,881.42 413 CIP Facility Projects - 414 CIP Admin Projects 45.47 45.47 421 Tree Fine Fund - 431 Grant Fund - CIP Streets - 481 Gas Tax Fund 1,162.06 1,162.06 611 Liability/Risk Mgt 771.10 771.10 612 Workers' Comp 375.00 375.00 621 Office Stores Fund 118.59 1,413.00 1,531.59 622 Information Technology 6,032.85 6,032.85 623 Vehicle & Equimpent Maint 4,826.92 2,527.00 7,353.92 624 Building Maintenance 5,760.50 4,482.47 10,242.97 631 - 632 565.04 2,569.13 3,134.17 711 - 437,753.54 48,753.67 486,507.21 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format TOTAL Fund Description Vehicle & Equipment Replacement IT Equipment Replacement Library Capital Improvement 12 13 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 1 4 : 3 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 3 2 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 8 5 7 0 3 / 2 6 / 0 9 1 2 A T & T L O N G D I S T A N C E 1 1 1 8 1 0 1 L O N G D I S T A N C E 0 . 0 0 3 . 3 8 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 C R - Q U I T O I R R I G A T I O N 0 . 0 0 - 1 2 . 7 2 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 Q U I T O I R R I G A T I O N 0 . 0 0 2 7 . 4 4 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 C R - X E R O X M A C H I N E 0 . 0 0 - 1 1 . 1 9 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 C R - B U S I N E S S L I N E 0 . 0 0 - 2 0 . 1 7 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 C R - B O O K G O R O U N D 0 . 0 0 - 2 3 . 5 1 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 7 1 0 2 C R - E R L I N E 0 . 0 0 - 1 2 . 2 2 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 7 1 0 2 C R - E M P E R L I N E 0 . 0 0 - 1 1 . 1 9 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 C R - G A T E W A Y 0 . 0 0 - 1 2 . 2 2 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 C R P H O N E L I N E S & P R K S 0 . 0 0 - 2 0 . 3 5 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 C R - C S P R I N G S P A R K 0 . 0 0 - 3 9 . 6 7 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 7 1 0 2 C R - A M 1 6 1 0 R A D I O 0 . 0 0 - 1 2 . 2 2 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 X E R O X M A C H I N E 0 . 0 0 2 4 . 6 3 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 M E A S U R E D B U S I N E S S 0 . 0 0 5 8 . 3 3 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 B O O K G O R O U N D A L A R M 0 . 0 0 6 3 . 3 4 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 7 1 0 2 E R L I N E - C M O F F I C E 0 . 0 0 2 6 . 9 5 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 7 1 0 2 E M P E M E R G E N C Y L I N E 0 . 0 0 2 4 . 6 3 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 8 1 0 1 A M 1 6 1 0 R A D I O 0 . 0 0 2 6 . 9 5 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 G A T E W A Y - I R R I G A T I O N 0 . 0 0 2 6 . 6 5 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 P H O N E L I N E S & P A R K S 0 . 0 0 3 5 . 8 2 11 1 1 1 1 1 1 8 5 8 0 3 / 2 6 / 0 9 2 3 4 A T & T M C I 1 1 1 5 3 0 1 C O N G R E S S S P R I N G S P K 0 . 0 0 6 9 . 8 8 TO T A L C H E C K 0 . 0 0 2 0 9 . 1 6 11 1 1 1 1 1 1 8 5 9 0 3 / 2 6 / 0 9 2 7 A B A G P L A N C O R P O R A T I O N 6 1 1 8 4 0 1 L G L - C L M # G L 0 5 9 4 5 3 0 . 0 0 7 7 1 . 1 0 11 1 1 1 1 1 1 8 6 0 0 3 / 2 6 / 0 9 7 2 A D V A N T A G E J A N I T O R I A L S U P 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 4 8 9 . 1 5 11 1 1 1 1 1 1 8 6 1 0 3 / 2 6 / 0 9 5 0 0 A L L V A L L E Y P L U M B I N G 1 1 1 4 2 0 1 P E R M I T F E E R E F U N D 0 . 0 0 1 8 0 . 9 0 11 1 1 1 1 1 1 8 6 2 0 3 / 2 6 / 0 9 1 9 7 A R R O W H E A D M O U N T A I N S P R I N 6 2 4 6 2 0 2 M T H L Y S V C 0 2 / 0 7 - 0 3 / 0 6 0 . 0 0 1 2 9 . 8 7 11 1 1 1 1 1 1 8 6 3 0 3 / 2 6 / 0 9 2 5 7 B A N D A , M A S A N K H O 1 1 1 6 1 0 1 I N S T R U C T O R - D A N C E 0 . 0 0 2 0 4 . 0 0 11 1 1 1 1 1 1 8 6 4 0 3 / 2 6 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R E P A I R 0 . 0 0 5 5 6 . 8 4 11 1 1 1 1 1 1 8 6 4 0 3 / 2 6 / 0 9 1 7 9 C I M A I R , I N C 6 2 4 6 2 0 2 H V A C R E P A I R 0 . 0 0 6 1 2 . 9 0 TO T A L C H E C K 0 . 0 0 1 , 1 6 9 . 7 4 11 1 1 1 1 1 1 8 6 5 0 3 / 2 6 / 0 9 5 1 7 C I T Y O F S A N J O S E 1 1 1 7 1 0 1 A N I M A L S V C 0 4 / 0 9 0 . 0 0 1 4 , 1 7 6 . 0 4 11 1 1 1 1 1 1 8 6 6 0 3 / 2 6 / 0 9 4 9 4 C O M C A S T 6 2 2 3 2 0 1 I N T E R N E T 0 3 / 2 0 - 0 4 / 1 9 0 . 0 0 9 8 . 9 5 11 1 1 1 1 1 1 8 6 7 0 3 / 2 6 / 0 9 2 6 2 C O V A D C O M M U N I C A T I O N 6 2 2 3 2 0 1 M T H L Y S V C 0 3 / 1 6 - 0 4 / 1 5 0 . 0 0 5 4 3 . 9 0 11 1 1 1 1 1 1 8 6 8 0 3 / 2 6 / 0 9 5 8 9 C P O L T D 6 2 1 3 1 0 2 C O P I E R T O N E R 0 . 0 0 1 1 8 . 5 9 11 1 1 1 1 1 1 8 6 9 0 3 / 2 6 / 0 9 6 1 6 D A V C O W A T E R P R O O F I N G S V C , 6 2 4 6 2 0 2 B G R R O O F R E P A I R S 0 . 0 0 1 6 6 . 7 3 11 1 1 1 1 1 1 8 6 9 0 3 / 2 6 / 0 9 6 1 6 D A V C O W A T E R P R O O F I N G S V C , 6 2 4 6 2 0 2 A D M I N R O O F R E P A I R S 0 . 0 0 3 3 8 . 0 6 11 1 1 1 1 1 1 8 6 9 0 3 / 2 6 / 0 9 6 1 6 D A V C O W A T E R P R O O F I N G S V C , 6 2 4 6 2 0 2 T H E A T E R R O O F R E P A I R S 0 . 0 0 7 8 4 . 6 7 11 1 1 1 1 1 1 8 6 9 0 3 / 2 6 / 0 9 6 1 6 D A V C O W A T E R P R O O F I N G S V C , 6 2 4 6 2 0 2 S R C T R R O O F R E P A I R S 0 . 0 0 1 , 6 7 8 . 1 7 11 1 1 1 1 1 1 8 6 9 0 3 / 2 6 / 0 9 6 1 6 D A V C O W A T E R P R O O F I N G S V C , 6 2 4 6 2 0 2 N C A M P U S R O O F R E P A I R S 0 . 0 0 1 2 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 0 8 7 . 6 3 14 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 1 4 : 3 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 3 2 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 8 7 0 0 3 / 2 6 / 0 9 2 2 5 D E L L M A R K E T I N G L . P . C / O 6 3 2 3 2 0 2 H A R D D R I V E S 0 . 0 0 5 6 5 . 0 4 11 1 1 1 1 1 1 8 7 1 0 3 / 2 6 / 0 9 2 3 3 D E L T A M I C R O I M A G I N G , I N C . 4 1 4 9 4 1 2 - 0 0 2 D O C U M E N T M A I N T E N A N C E 0 . 0 0 4 5 . 4 7 11 1 1 1 1 1 1 8 7 2 0 3 / 2 6 / 0 9 5 5 2 D E P A R T M E N T O F J U S T I C E 1 1 1 4 1 0 3 F I N G E R P R I N T F E E 0 . 0 0 3 2 . 0 0 11 1 1 1 1 1 1 8 7 3 0 3 / 2 6 / 0 9 5 0 0 D O Z I E R , R O B E R T 1 1 1 4 2 0 1 P E R M I T R E F U N D 0 . 0 0 5 , 9 0 3 . 9 4 11 1 1 1 1 1 1 8 7 4 0 3 / 2 6 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 3 1 2 . 1 4 11 1 1 1 1 1 1 8 7 4 0 3 / 2 6 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 1 9 3 . 8 7 11 1 1 1 1 1 1 8 7 4 0 3 / 2 6 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 3 1 4 . 2 3 11 1 1 1 1 1 1 8 7 4 0 3 / 2 6 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 3 9 2 . 5 5 11 1 1 1 1 1 1 8 7 4 0 3 / 2 6 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 3 1 7 . 0 4 11 1 1 1 1 1 1 8 7 4 0 3 / 2 6 / 0 9 6 5 1 E L L A C H E K H A N O V S K A Y A 1 1 1 6 1 0 1 I N S T R U C T O R - G Y M 0 . 0 0 5 0 6 . 9 9 TO T A L C H E C K 0 . 0 0 2 , 0 3 6 . 8 2 11 1 1 1 1 1 1 8 7 5 0 3 / 2 6 / 0 9 6 8 0 G A S E Q U I P M E N T S Y S T E M S , I 6 2 3 5 2 0 2 R E P A I R S - V E H # 0 . 0 0 1 , 5 2 2 . 8 0 11 1 1 1 1 1 1 8 7 6 0 3 / 2 6 / 0 9 4 6 3 G R A I N G E R 6 2 4 6 2 0 2 S U P P L I E S - J A N I T O R I A L 0 . 0 0 3 1 7 . 1 3 11 1 1 1 1 1 1 8 7 7 0 3 / 2 6 / 0 9 4 6 4 G R A N I C U S 1 1 1 2 2 0 1 M T H L Y S V C 0 4 / 0 9 0 . 0 0 1 , 6 0 0 . 0 0 11 1 1 1 1 1 1 8 7 8 0 3 / 2 6 / 0 9 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 S U P P I E S - P A R K S 0 . 0 0 5 3 . 3 6 11 1 1 1 1 1 1 8 7 8 0 3 / 2 6 / 0 9 4 8 8 H O M E D E P O T 1 1 1 5 3 0 1 C R S U P P L I E S - P A R K S 0 . 0 0 - 5 0 . 1 4 TO T A L C H E C K 0 . 0 0 3 . 2 2 11 1 1 1 1 1 1 8 7 9 0 3 / 2 6 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - N C A M P U S 0 . 0 0 7 9 0 . 1 0 11 1 1 1 1 1 1 8 7 9 0 3 / 2 6 / 0 9 1 4 H Y D R O T E C I R R I G A T I O N E Q U I 1 1 1 5 3 0 1 R E P A I R S - H A K O N E 0 . 0 0 6 8 . 0 0 TO T A L C H E C K 0 . 0 0 8 5 8 . 1 0 11 1 1 1 1 1 1 8 8 0 0 3 / 2 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - B A S I N W Y 0 . 0 0 2 , 4 9 5 . 0 0 11 1 1 1 1 1 1 8 8 0 0 3 / 2 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 2 0 1 T R E E M A I N T - R O A D W A Y 0 . 0 0 2 , 4 5 2 . 5 0 11 1 1 1 1 1 1 8 8 0 0 3 / 2 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E S V C - B I G B A S I N 0 . 0 0 2 2 5 . 0 0 11 1 1 1 1 1 1 8 8 0 0 3 / 2 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 2 5 2 5 3 0 2 T R E E S V C - P R O S P E C T 0 . 0 0 7 9 5 . 0 0 11 1 1 1 1 1 1 8 8 0 0 3 / 2 6 / 0 9 1 9 I A N G E D D E S T R E E C A R E , I N 1 1 1 5 3 0 1 T R E E M A I N T - N C A M P U S 0 . 0 0 2 , 8 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 8 , 8 1 7 . 5 0 11 1 1 1 1 1 1 8 8 1 0 3 / 2 6 / 0 9 3 9 I N D U S T R I A L W I P E R & S U P P L 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 2 0 . 5 6 11 1 1 1 1 1 1 8 8 1 0 3 / 2 6 / 0 9 3 9 I N D U S T R I A L W I P E R & S U P P L 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 5 7 4 . 5 2 11 1 1 1 1 1 1 8 8 1 0 3 / 2 6 / 0 9 3 9 I N D U S T R I A L W I P E R & S U P P L 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 7 1 . 3 2 TO T A L C H E C K 0 . 0 0 6 6 6 . 4 0 11 1 1 1 1 1 1 8 8 2 0 3 / 2 6 / 0 9 4 4 I N T E R N A T I O N A L C O D E C O U N C 1 1 1 4 2 0 1 B U I L D I N G P U B L I C A T I O N S 0 . 0 0 1 4 0 . 5 8 11 1 1 1 1 1 1 8 8 3 0 3 / 2 6 / 0 9 6 3 I N T E R S T A T E T R A F F I C C O N T R 4 1 1 9 1 1 1 - 0 0 2 S U P P L I E S - S T R E E T S 0 . 0 0 1 2 9 . 9 0 11 1 1 1 1 1 1 8 8 4 0 3 / 2 6 / 0 9 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 3 2 2 . 5 0 11 1 1 1 1 1 1 8 8 4 0 3 / 2 6 / 0 9 5 2 5 J A M E L L O , N A N C Y 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 1 9 3 . 5 0 TO T A L C H E C K 0 . 0 0 5 1 6 . 0 0 11 1 1 1 1 1 1 8 8 5 0 3 / 2 6 / 0 9 5 6 7 K A N E N T O U R S 1 1 1 6 1 0 1 B U S S V C - 0 4 / 0 8 / 0 9 0 . 0 0 1 , 2 5 5 . 0 0 15 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 1 4 : 3 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 3 2 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 8 8 6 0 3 / 2 6 / 0 9 5 0 0 K H O U J A , A D E L 1 1 1 4 2 0 1 P E R M I T F E E R E F U N D 0 . 0 0 1 , 8 8 7 . 3 7 11 1 1 1 1 1 1 8 8 7 0 3 / 2 6 / 0 9 1 5 7 K R A U S E C H I R O P R A C T I C , I N C 1 1 1 4 1 0 3 M A S S A G E T E S T I N G F E E 0 . 0 0 2 2 5 . 0 0 11 1 1 1 1 1 1 8 8 8 0 3 / 2 6 / 0 9 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 5 5 . 2 0 11 1 1 1 1 1 1 8 8 8 0 3 / 2 6 / 0 9 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 2 1 3 . 6 0 11 1 1 1 1 1 1 8 8 8 0 3 / 2 6 / 0 9 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 7 1 . 2 0 11 1 1 1 1 1 1 8 8 8 0 3 / 2 6 / 0 9 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 1 4 2 . 4 0 11 1 1 1 1 1 1 8 8 8 0 3 / 2 6 / 0 9 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 2 0 2 . 8 0 11 1 1 1 1 1 1 8 8 8 0 3 / 2 6 / 0 9 1 5 9 K U H N , B R I A N 1 1 1 6 1 0 1 I N S T R U C T O R - K A R A T E 0 . 0 0 2 4 9 . 2 0 TO T A L C H E C K 0 . 0 0 9 3 4 . 4 0 11 1 1 1 1 1 1 8 8 9 0 3 / 2 6 / 0 9 5 0 0 K W O C K , P A T R I C K 1 1 1 4 2 0 1 P E R M I T R E F U N D 0 . 0 0 1 , 4 4 6 . 0 6 11 1 1 1 1 1 1 8 9 0 0 3 / 2 6 / 0 9 1 8 3 L E X I S N E X I S 1 1 1 4 1 0 3 M T H L Y S V C 0 2 / 0 9 0 . 0 0 1 6 7 . 0 0 11 1 1 1 1 1 1 8 9 1 0 3 / 2 6 / 0 9 2 0 2 L I N E X O F S A N J O S E 6 2 3 5 2 0 2 R E P A I R S - V E H I C L E 1 2 1 0 . 0 0 7 1 5 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 4 1 0 1 A D R - 0 8 - 0 0 1 3 0 . 0 0 1 5 0 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 4 1 0 1 P D R - 0 8 - 0 2 9 0 . 0 0 2 5 0 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 4 1 0 1 A D R 0 8 - 0 0 1 9 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 4 1 0 1 P D R - 0 7 - 0 0 1 5 0 . 0 0 2 2 5 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 4 1 0 1 P D R 0 8 - 0 0 2 4 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 4 1 0 1 C U P 0 8 - 0 0 0 2 0 . 0 0 7 5 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 0 4 - 0 1 6 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 L L - 0 7 - 0 0 3 0 . 0 0 2 5 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 0 6 - 3 8 0 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 1 8 9 2 0 3 / 2 6 / 0 9 3 2 8 M E T R O P O L I T A N P L A N N I N G G R 1 1 1 E N V - 0 8 - 0 0 1 0 . 0 0 2 , 3 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 3 , 7 5 0 . 0 0 11 1 1 1 1 1 1 8 9 3 0 3 / 2 6 / 0 9 1 1 0 N B S - G O V T F I N A N C E G R O U P 1 1 1 8 1 0 1 A D M I N F E E 0 4 / 0 1 - 0 6 / 3 0 0 . 0 0 3 2 2 . 4 9 11 1 1 1 1 1 1 8 9 4 0 3 / 2 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 2 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 4 9 . 4 2 11 1 1 1 1 1 1 8 9 4 0 3 / 2 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 3 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 2 6 3 . 9 5 11 1 1 1 1 1 1 8 9 4 0 3 / 2 6 / 0 9 1 4 5 O F F I C E D E P O T I N C . 1 1 1 5 1 0 1 O F F I C E S U P P L I E S 0 . 0 0 1 9 1 . 5 0 TO T A L C H E C K 0 . 0 0 6 0 4 . 8 7 11 1 1 1 1 1 1 8 9 5 0 3 / 2 6 / 0 9 5 4 0 O R C H A R D S U P P L Y 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 1 7 5 . 5 5 11 1 1 1 1 1 1 8 9 6 0 3 / 2 6 / 0 9 6 8 1 P A R K E R R A N C H H O M E O W N E R A 4 1 2 9 2 7 6 - 0 0 1 C I T Y T R A I L F O R M S 0 . 0 0 2 7 5 . 0 0 11 1 1 1 1 1 1 8 9 7 0 3 / 2 6 / 0 9 2 7 8 P E T R O T E K 6 2 3 5 2 0 2 F U E L T E S T I N G - 0 2 / 0 9 0 . 0 0 2 0 0 . 0 0 11 1 1 1 1 1 1 8 9 8 0 3 / 2 6 / 0 9 3 2 6 P O N Y E X P R E S S T A C K 1 1 1 5 2 0 1 S U P P L I E S - S T R E E T S 0 . 0 0 1 3 9 . 9 0 11 1 1 1 1 1 1 8 9 9 0 3 / 2 6 / 0 9 6 6 9 P R O - C A L T R U C K R E P A I R 6 2 3 5 2 0 2 R E P A I R S - T R A C T O R 0 . 0 0 1 , 6 9 5 . 0 0 11 1 1 1 1 1 1 8 9 9 0 3 / 2 6 / 0 9 6 6 9 P R O - C A L T R U C K R E P A I R 6 2 3 5 2 0 2 R E P A I R S - R O L L E R E 0 0 9 0 . 0 0 3 9 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 0 9 0 . 0 0 11 1 1 1 1 1 1 9 0 0 0 3 / 2 6 / 0 9 3 5 2 P R O - D O O R A U T O G L A S S 6 2 4 6 2 0 2 H A T C H R E P A I R 0 . 0 0 3 0 0 . 0 0 16 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 4 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 1 4 : 3 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 3 2 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T 0 7 / 0 8 0 . 0 0 1 , 4 2 5 . 0 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T - 0 8 / 0 8 0 . 0 0 1 , 4 8 4 . 7 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 T R A F F I C S I G N A L M A I N T E N 0 . 0 0 - 3 5 8 . 2 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T 0 9 / 0 8 0 . 0 0 1 , 4 8 4 . 7 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T 1 0 / 0 8 0 . 0 0 1 , 4 8 4 . 7 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T 1 1 / 0 8 0 . 0 0 1 , 4 8 4 . 7 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T 1 2 / 0 8 0 . 0 0 1 , 4 8 4 . 7 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T 0 1 / 0 9 0 . 0 0 1 , 4 8 4 . 7 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R O U T I N E M A I N T 0 2 / 0 9 0 . 0 0 1 , 4 2 5 . 0 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 T R A F F I C S I G N A L R E P A I R S 0 . 0 0 - 4 7 7 . 1 8 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T S 0 7 / 0 8 0 . 0 0 2 , 5 3 0 . 1 4 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T S - 0 8 / 0 8 0 . 0 0 2 , 2 9 2 . 1 7 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T - 0 9 / 0 8 0 . 0 0 1 , 4 6 2 . 5 1 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T S - 1 0 / 0 8 0 . 0 0 2 , 1 8 0 . 5 9 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T S - 1 1 / 0 8 0 . 0 0 1 , 6 4 7 . 2 2 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T S - 1 2 / 0 8 0 . 0 0 2 , 3 2 1 . 5 7 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T S 0 1 / 0 9 0 . 0 0 2 , 1 6 7 . 3 7 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 C A L L O U T S - 0 2 / 0 9 0 . 0 0 3 8 5 . 3 1 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 T S L O O P R E P L A C E M E N T 0 . 0 0 1 , 6 5 0 . 0 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 U P L O A D T I M I N G 0 . 0 0 1 , 8 2 2 . 7 2 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 I N S T A L L T W O N B L O O P S 0 . 0 0 3 , 6 0 0 . 0 0 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 R E W I R I N G - S A R A / C O X 0 . 0 0 2 , 0 4 8 . 8 9 11 1 1 1 1 1 1 9 0 2 0 3 / 2 6 / 0 9 4 0 9 R E P U B L I C I T S 1 1 1 5 2 0 1 L O O P R E P L A C E M E N T 0 . 0 0 1 , 1 0 0 . 0 0 TO T A L C H E C K 0 . 0 0 3 6 , 1 3 1 . 3 1 11 1 1 1 1 1 1 9 0 3 0 3 / 2 6 / 0 9 6 8 4 S A C R E D H E A R T P A R I S H 1 1 1 6 1 0 1 G Y M R N T L - 0 1 / 2 0 - 0 2 / 2 4 0 . 0 0 3 6 0 . 0 0 11 1 1 1 1 1 1 9 0 4 0 3 / 2 6 / 0 9 8 2 S A N J O S E B L U E P R I N T 4 8 1 9 1 1 1 - 0 0 1 P R I N T S - 2 0 0 9 P A V E M E N T 0 . 0 0 1 , 1 6 2 . 0 6 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 1 , 1 2 0 . 8 7 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 1 1 . 5 7 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 7 5 3 0 2 V I L L A G E C O M M E R I C A L 0 . 0 0 6 8 6 . 9 6 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 3 5 3 0 2 M I N A W A Y 0 . 0 0 2 1 2 . 8 8 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 4 5 3 0 2 C U N N I N G H A M / G L A S G O W 0 . 0 0 3 9 . 8 4 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 4 5 3 0 2 H O R S E S H O E D R 0 . 0 0 1 0 1 . 7 1 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 3 5 3 0 2 C A R N E L I A N G L E N 0 . 0 0 4 3 . 5 9 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 1 9 . 1 7 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 5 4 5 3 0 2 S U N L A N D P A R K 0 . 0 0 1 1 5 . 2 2 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 4 7 5 3 0 2 K E R W I N R A N C H 0 . 0 0 1 7 2 . 5 1 11 1 1 1 1 1 1 9 0 5 0 3 / 2 6 / 0 9 8 7 S A N J O S E W A T E R C O M P A N Y 2 7 6 5 3 0 2 T O L L G A T E 0 . 0 0 2 5 . 7 0 TO T A L C H E C K 0 . 0 0 2 , 5 5 0 . 0 2 11 1 1 1 1 1 1 9 0 6 0 3 / 2 6 / 0 9 1 S A N T A C L A R A C O U N T Y 1 1 1 7 1 0 1 L A W S V C 0 3 / 0 9 0 . 0 0 3 3 0 , 0 2 2 . 4 6 11 1 1 1 1 1 1 9 0 7 0 3 / 2 6 / 0 9 1 5 0 S H I N N C O R I N N E A 1 1 1 4 1 0 1 M T G 0 2 / 1 1 / 0 9 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 1 9 0 7 0 3 / 2 6 / 0 9 1 5 0 S H I N N C O R I N N E A 1 1 1 4 1 0 1 M T G - 0 2 / 2 5 / 2 0 0 9 0 . 0 0 4 5 0 . 0 0 TO T A L C H E C K 0 . 0 0 9 0 0 . 0 0 11 1 1 1 1 1 1 9 0 8 0 3 / 2 6 / 0 9 1 6 0 S I E R R A P A C I F I C T U R F S U P P 4 1 2 9 2 5 3 - 0 0 1 S U P P L I E S - F I E L D 0 . 0 0 5 4 0 . 4 2 11 1 1 1 1 1 1 9 0 9 0 3 / 2 6 / 0 9 2 6 6 S U N G A R D P U B L I C S E C T O R I N 6 2 2 3 2 0 1 A S P M T H L Y S V C 0 3 / 0 9 0 . 0 0 5 , 3 9 0 . 0 0 17 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 5 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 1 4 : 3 2 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 3 2 6 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 9 1 0 0 3 / 2 6 / 0 9 3 1 3 T H E M E R C U R Y N E W S 1 1 1 4 1 0 1 L G L N O T I C E - H E A R I N G 0 . 0 0 1 , 0 9 1 . 2 0 11 1 1 1 1 1 1 9 1 1 0 3 / 2 6 / 0 9 6 4 0 T I T A N - P M E E Q U I P M E N T S A L E 6 2 3 5 2 0 2 N O Z Z L E 0 . 0 0 2 1 2 . 4 9 11 1 1 1 1 1 1 9 1 2 0 3 / 2 6 / 0 9 6 7 9 T R A C T O R E Q U I P M E N T S A L E S 6 2 3 5 2 0 2 S U P P L I E S - T R A C T O R 0 . 0 0 8 6 . 6 3 11 1 1 1 1 1 1 9 1 3 0 3 / 2 6 / 0 9 4 0 2 V I S T A L A N D S C A P E & M A I N T E 1 1 1 5 3 0 1 S A R A C R E E K T R A I L 0 . 0 0 4 8 2 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 4 3 7 , 7 5 3 . 5 4 TO T A L F U N D 0 . 0 0 4 3 7 , 7 5 3 . 5 4 TO T A L R E P O R T 0 . 0 0 4 3 7 , 7 5 3 . 5 4 18 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 1 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 3 2 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 9 1 4 0 4 / 0 2 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 S U P E R T R U N K 0 . 0 0 5 4 1 . 4 0 11 1 1 1 1 1 1 9 1 4 0 4 / 0 2 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 C R - S U P E R T R U N K 0 . 0 0 - 2 2 4 . 3 3 11 1 1 1 1 1 1 9 1 4 0 4 / 0 2 / 0 9 2 3 4 A T & T M C I 6 2 4 6 2 0 2 S U P E R T R U N K 0 . 0 0 2 1 9 . 6 2 TO T A L C H E C K 0 . 0 0 5 3 6 . 6 9 11 1 1 1 1 1 1 9 1 5 0 4 / 0 2 / 0 9 1 0 6 A L L I E D A D M I N I S T R A T O R S 6 2 4 6 2 0 2 S U P P L I E S - F A C I L I T I E S 0 . 0 0 7 6 . 4 4 11 1 1 1 1 1 1 9 1 6 0 4 / 0 2 / 0 9 5 0 0 A U L D , N A N C Y 1 1 1 F A C I L I T Y D E P R E F U N D 0 . 0 0 2 4 0 . 0 0 11 1 1 1 1 1 1 9 1 7 0 4 / 0 2 / 0 9 5 0 0 B A G H E R I A N , S H A G H A Y E G H 1 1 1 6 1 0 1 C A N C E L L E D C L A S S 0 . 0 0 2 0 . 0 0 11 1 1 1 1 1 1 9 1 8 0 4 / 0 2 / 0 9 5 5 3 B R E T S C H N E I D E R , D E B B I E 1 1 1 2 1 0 1 M I L E A G E 0 . 0 0 4 4 . 5 5 11 1 1 1 1 1 1 9 1 9 0 4 / 0 2 / 0 9 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 6 7 4 . 3 1 11 1 1 1 1 1 1 9 1 9 0 4 / 0 2 / 0 9 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 1 9 2 . 6 6 11 1 1 1 1 1 1 9 1 9 0 4 / 0 2 / 0 9 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 4 8 1 . 6 5 11 1 1 1 1 1 1 9 1 9 0 4 / 0 2 / 0 9 1 3 B R Y A N T , C H R I S T O P H E R 1 1 1 6 1 0 1 I N S T R U C T O R - G U I T A R 0 . 0 0 2 8 8 . 9 9 TO T A L C H E C K 0 . 0 0 1 , 6 3 7 . 6 1 11 1 1 1 1 1 1 9 2 0 0 4 / 0 2 / 0 9 7 5 C A L L A N D E R A S S O C I A T E S 4 1 1 9 1 3 2 - 0 0 2 P R O S P E C T R D M E D I A N S 0 . 0 0 3 , 0 4 4 . 0 3 11 1 1 1 1 1 1 9 2 1 0 4 / 0 2 / 0 9 5 6 9 C C A C 2 N D V I C E P R E S I D E N T 1 1 1 2 2 0 1 C I T Y C L R K D U E S 0 8 / 0 9 0 . 0 0 7 0 . 0 0 11 1 1 1 1 1 1 9 2 2 0 4 / 0 2 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 5 1 0 1 P R O F S V C 1 0 / 0 8 0 . 0 0 9 5 0 . 0 0 11 1 1 1 1 1 1 9 2 2 0 4 / 0 2 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 C O C 0 8 - 0 0 0 1 D I S C O U N T E D 0 . 0 0 1 4 6 . 2 5 11 1 1 1 1 1 1 9 2 2 0 4 / 0 2 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 S U B 0 7 - 0 0 0 2 0 . 0 0 3 8 7 . 5 0 11 1 1 1 1 1 1 9 2 2 0 4 / 0 2 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 C O C 0 8 - 0 0 0 1 0 . 0 0 6 2 0 . 0 0 11 1 1 1 1 1 1 9 2 2 0 4 / 0 2 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 C O C 0 8 - 0 0 0 3 D I S C O U N T E D 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 1 9 2 2 0 4 / 0 2 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 L L A 0 8 - 0 0 0 3 0 . 0 0 1 , 4 0 5 . 0 0 11 1 1 1 1 1 1 9 2 2 0 4 / 0 2 / 0 9 2 7 6 C S G C O N S U L T I N G I N C 1 1 1 S U B 0 8 - 0 0 0 1 0 . 0 0 9 3 . 7 5 TO T A L C H E C K 0 . 0 0 5 , 6 0 2 . 5 0 11 1 1 1 1 1 1 9 2 3 0 4 / 0 2 / 0 9 5 6 4 D E L A G E L A N D E N P U B L I C F I 6 2 1 3 1 0 2 C O P I E R - 0 3 / 2 1 - 0 4 / 2 0 0 . 0 0 1 , 4 1 3 . 0 0 11 1 1 1 1 1 1 9 2 4 0 4 / 0 2 / 0 9 2 2 5 D E L L M A R K E T I N G L . P . C / O 1 1 1 8 1 0 1 R E P L A C E M E N T H A R D D R I V E 0 . 0 0 5 , 0 0 0 . 0 0 11 1 1 1 1 1 1 9 2 4 0 4 / 0 2 / 0 9 2 2 5 D E L L M A R K E T I N G L . P . C / O 6 3 2 3 2 0 2 R E P L A C E M E N T H A R D R I V E 0 . 0 0 2 , 5 6 9 . 1 3 TO T A L C H E C K 0 . 0 0 7 , 5 6 9 . 1 3 11 1 1 1 1 1 1 9 2 5 0 4 / 0 2 / 0 9 2 3 3 D E L T A M I C R O I M A G I N G , I N C . 1 1 1 4 2 0 1 S C A N N I N G D O C U M E N T S 0 . 0 0 1 , 5 1 4 . 1 9 11 1 1 1 1 1 1 9 2 6 0 4 / 0 2 / 0 9 1 D E P T O F E N V I R O M E N T A L H E A 6 2 3 5 2 0 2 E N V I R O P E R M I T F E E 0 . 0 0 2 , 5 2 7 . 0 0 11 1 1 1 1 1 1 9 2 7 0 4 / 0 2 / 0 9 6 8 6 E L L I O T T , L Y N E T T E 1 1 1 6 1 0 1 C O N F E R E N C E - M I L E A G E 0 . 0 0 5 5 . 5 1 11 1 1 1 1 1 1 9 2 7 0 4 / 0 2 / 0 9 6 8 6 E L L I O T T , L Y N E T T E 1 1 1 6 1 0 1 C O N F E R E N C E - M I L E A G E 0 . 0 0 1 2 . 5 4 TO T A L C H E C K 0 . 0 0 6 8 . 0 5 11 1 1 1 1 1 1 9 2 8 0 4 / 0 2 / 0 9 5 3 2 E M P L O Y M E N T D E V E L O P M E N T D 1 1 1 8 1 0 1 D E 2 1 7 6 0 3 / 0 3 / 0 9 0 . 0 0 1 , 0 9 3 . 6 0 11 1 1 1 1 1 1 9 2 9 0 4 / 0 2 / 0 9 6 7 5 E S R I 1 1 1 4 1 0 1 L I C E N S I N G / A C T I V A T I O N 0 . 0 0 6 2 4 . 7 5 11 1 1 1 1 1 1 9 2 9 0 4 / 0 2 / 0 9 6 7 5 E S R I 1 1 1 4 1 0 1 U N K E Y E D L I C E N S E 0 . 0 0 9 . 2 6 TO T A L C H E C K 0 . 0 0 6 3 4 . 0 1 19 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 2 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 3 2 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 9 3 0 0 4 / 0 2 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 5 3 5 3 0 2 L N D S C P S V C 1 2 / 0 8 0 . 0 0 3 6 3 . 0 0 11 1 1 1 1 1 1 9 3 0 0 4 / 0 2 / 0 9 4 5 4 G A C H I N A L A N D S C A P E M A N A G E 2 4 6 5 3 0 2 L N D S C P S V C 1 2 / 0 8 0 . 0 0 1 7 9 . 0 0 TO T A L C H E C K 0 . 0 0 5 4 2 . 0 0 11 1 1 1 1 1 1 9 3 1 0 4 / 0 2 / 0 9 5 9 2 G A R D N E R , L Y N E L 1 1 1 6 1 0 1 R E I S S U E O F C K 1 1 1 8 1 8 0 . 0 0 5 6 . 0 0 11 1 1 1 1 1 1 9 3 2 0 4 / 0 2 / 0 9 2 4 I C E C E N T E R O F C U P E R T I N O 1 1 1 6 1 0 1 I N S T R U C T O R - S K A T I N G 0 . 0 0 9 6 . 0 0 11 1 1 1 1 1 1 9 3 2 0 4 / 0 2 / 0 9 2 4 I C E C E N T E R O F C U P E R T I N O 1 1 1 6 1 0 1 I N S T R U C T O R - S K A T I N G 0 . 0 0 9 6 . 0 0 11 1 1 1 1 1 1 9 3 2 0 4 / 0 2 / 0 9 2 4 I C E C E N T E R O F C U P E R T I N O 1 1 1 6 1 0 1 I N S T R U C T O R - S K A T I N G 0 . 0 0 9 6 . 0 0 TO T A L C H E C K 0 . 0 0 2 8 8 . 0 0 11 1 1 1 1 1 1 9 3 3 0 4 / 0 2 / 0 9 7 7 J O E A G O N S A L V E S & S O N , I 1 1 1 1 1 0 1 L E G I S L A T I V E R E P 0 4 / 0 9 0 . 0 0 3 , 0 0 0 . 0 0 11 1 1 1 1 1 1 9 3 4 0 4 / 0 2 / 0 9 1 1 6 J O Y F U L M E L O D I E S 1 1 1 6 1 0 1 I N S T R U C T O R - M U S I C 0 . 0 0 1 5 7 . 5 0 11 1 1 1 1 1 1 9 3 5 0 4 / 0 2 / 0 9 1 9 4 L I E B E R T , C A S S I D Y W H I T M O R 1 1 1 2 3 0 1 L G L S V C S 0 2 / 2 8 0 . 0 0 5 2 0 . 0 0 11 1 1 1 1 1 1 9 3 6 0 4 / 0 2 / 0 9 5 4 8 L O V E , M I C H E L L E D 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 1 3 5 . 0 0 11 1 1 1 1 1 1 9 3 6 0 4 / 0 2 / 0 9 5 4 8 L O V E , M I C H E L L E D 1 1 1 6 1 0 1 I N S T R U C T O R - Y O G A 0 . 0 0 1 6 2 . 0 0 TO T A L C H E C K 0 . 0 0 2 9 7 . 0 0 11 1 1 1 1 1 1 9 3 7 0 4 / 0 2 / 0 9 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 2 1 0 1 E M P L O Y E E B U S C A R D S 0 . 0 0 3 7 . 6 7 11 1 1 1 1 1 1 9 3 7 0 4 / 0 2 / 0 9 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 2 3 0 1 E M P L O Y E E B U S C A R D S 0 . 0 0 3 7 . 6 8 11 1 1 1 1 1 1 9 3 7 0 4 / 0 2 / 0 9 1 3 1 N O R M A N P A U L P R I N T C T R 1 1 1 6 1 0 1 E M P L O Y E E B U S C A R D S 0 . 0 0 3 7 . 6 8 TO T A L C H E C K 0 . 0 0 1 1 3 . 0 3 11 1 1 1 1 1 1 9 3 8 0 4 / 0 2 / 0 9 5 7 7 N U T R I T I V E F O O D S , L L C 1 1 1 6 1 0 1 I N S T R U C T O R - C O O K I N G 0 . 0 0 1 0 0 . 8 0 11 1 1 1 1 1 1 9 3 8 0 4 / 0 2 / 0 9 5 7 7 N U T R I T I V E F O O D S , L L C 1 1 1 6 1 0 1 I N S T R U C T O R - C 0 0 K I N G 0 . 0 0 6 7 . 2 0 TO T A L C H E C K 0 . 0 0 1 6 8 . 0 0 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S V E H 0 . 0 0 6 5 . 2 8 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 B U I L D I N G S 0 . 0 0 3 , 7 6 2 . 4 4 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 3 0 1 P A R K S / O P E N S P A C E 0 . 0 0 4 3 5 . 7 9 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 T R A F F I C S I G N A L S 0 . 0 0 1 , 0 5 0 . 5 8 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 C I T Y W I D E S T R E E T S 0 . 0 0 6 3 0 . 2 5 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 1 1 1 5 2 0 1 S E A G U L L W A Y 0 . 0 0 5 8 . 5 8 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 5 5 3 0 2 Q U I T O L I G H T I N G 0 . 0 0 1 , 0 8 0 . 4 7 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 2 5 3 0 2 A Z U L E L I G H T I N G 0 . 0 0 2 2 3 . 3 1 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 3 5 3 0 2 S A R A H I L L S L I G H T I N G 0 . 0 0 2 4 8 . 3 1 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 V I L L A G E L I G H T I N G 0 . 0 0 2 , 3 6 2 . 6 7 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 5 T H S T R E E T 0 . 0 0 1 1 . 5 4 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 4 T H S T R E E T / B I G B A S I N 0 . 0 0 5 1 7 . 9 2 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 1 5 3 0 2 M C C A R T Y S V I L L E 0 . 0 0 1 7 . 7 4 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 5 5 3 0 2 T R I C I A W O O D S 0 . 0 0 8 . 8 7 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 1 5 3 0 2 B E A U C H A M P S 0 . 0 0 4 7 . 2 6 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 5 2 5 3 0 2 P R I D E S C R O S S I N G 0 . 0 0 2 7 . 8 3 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 2 5 3 0 2 B E L L G R O V E C I R C L E 0 . 0 0 3 2 0 . 7 4 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 7 6 5 3 0 2 H O R S E S H O E D R 0 . 0 0 9 . 7 6 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 2 3 1 5 3 0 2 O A K S T 0 . 0 0 2 4 . 6 2 11 1 1 1 1 1 1 9 3 9 0 4 / 0 2 / 0 9 1 7 3 P A C I F I C G A S & E L E C T R I C 6 2 4 6 2 0 2 N A T U R A L G A S V E H 0 . 0 0 4 1 . 6 2 TO T A L C H E C K 0 . 0 0 1 0 , 9 4 5 . 5 8 20 SU N G A R D P U B L I C S E C T O R P A G E N U M B E R : 3 DA T E : 0 4 / 0 7 / 2 0 0 9 C I T Y O F S A R A T O G A A C C T P A 2 1 TI M E : 1 3 : 3 2 : 2 7 C H E C K R E G I S T E R - D I S B U R S E M E N T F U N D SE L E C T I O N C R I T E R I A : t r a n s a c t . t _ c = ’ 2 1 ’ a n d t r a n s a c t . c k _ d a t e = ’ 2 0 0 9 0 4 0 2 0 0 : 0 0 : 0 0 . 0 0 0 ’ AC C O U N T I N G P E R I O D : 1 0 / 0 9 F U N D - 0 0 9 - D I S B U R S E M E N T F U N D CA S H A C C T C H E C K N O I S S U E D T - - - - - - - - - - - - - - V E N D O R - - - - - - - - - - - - - B U D G E T U N I T - - - - - D E S C R I P T I O N - - - - - - S A L E S T A X A M O U N T 11 1 1 1 1 1 1 9 4 0 0 4 / 0 2 / 0 9 5 0 0 P E D R A M , S O G O L 1 1 1 8 1 0 1 B U S L I C E N S E R E F U N D 0 . 0 0 1 0 0 . 0 0 11 1 1 1 1 1 1 9 4 1 0 4 / 0 2 / 0 9 6 8 5 P E P P I N G , R O B E R T C 1 1 1 6 1 0 1 I N S T R U C T O R - P H O T O 0 . 0 0 2 4 7 . 5 0 11 1 1 1 1 1 1 9 4 2 0 4 / 0 2 / 0 9 2 9 6 P L A N E T G R A N I T E 1 1 1 6 1 0 1 I N S T R U C T O R - C L I M B I N G 0 . 0 0 5 0 2 . 4 0 11 1 1 1 1 1 1 9 4 3 0 4 / 0 2 / 0 9 2 1 4 R E C R E A T I O N D E P A R T M E N T 1 1 1 6 1 0 1 S U P P L I E S - C A M P 0 . 0 0 6 9 . 0 7 11 1 1 1 1 1 1 9 4 4 0 4 / 0 2 / 0 9 4 0 9 R E P U B L I C I T S 2 3 1 5 3 0 2 L I G H T R E P A I R - C R E D I T 0 . 0 0 - 3 2 . 5 3 11 1 1 1 1 1 1 9 4 4 0 4 / 0 2 / 0 9 4 0 9 R E P U B L I C I T S 2 3 1 5 3 0 2 P O L E R E P A I R - V I L L A G E 0 . 0 0 1 1 3 . 0 5 11 1 1 1 1 1 1 9 4 4 0 4 / 0 2 / 0 9 4 0 9 R E P U B L I C I T S 2 3 1 5 3 0 2 L I G H T M A I N T 0 2 / 0 9 0 . 0 0 5 2 8 . 0 0 11 1 1 1 1 1 1 9 4 4 0 4 / 0 2 / 0 9 4 0 9 R E P U B L I C I T S 2 7 5 5 3 0 2 L I G H T M A I N T - S A R A / C O X 0 . 0 0 1 4 8 . 0 5 TO T A L C H E C K 0 . 0 0 7 5 6 . 5 7 11 1 1 1 1 1 1 9 4 5 0 4 / 0 2 / 0 9 6 8 7 R O B I N S O N , L A U R I E 1 1 1 6 1 0 1 C O N F E R E N C E - M I L E A G E 0 . 0 0 6 0 . 2 8 11 1 1 1 1 1 1 9 4 5 0 4 / 0 2 / 0 9 6 8 7 R O B I N S O N , L A U R I E 1 1 1 6 1 0 1 C O N F E R E N C E - M I L E A G E 0 . 0 0 1 2 . 5 4 TO T A L C H E C K 0 . 0 0 7 2 . 8 2 11 1 1 1 1 1 1 9 4 6 0 4 / 0 2 / 0 9 1 5 0 S H I N N C O R I N N E A 1 1 1 4 1 0 1 P L A N N M T G 0 3 / 2 5 0 . 0 0 4 5 0 . 0 0 11 1 1 1 1 1 1 9 4 7 0 4 / 0 2 / 0 9 2 5 3 S T E V E B E N Z I N G A R C H I T E C T 4 1 3 9 3 4 2 - 0 0 2 A R C H I T E C T S V C 0 3 / 0 9 0 . 0 0 1 , 0 6 6 . 0 0 11 1 1 1 1 1 1 9 4 8 0 4 / 0 2 / 0 9 6 8 8 T H E C O N S U L T I N G T E A M , L L C 1 1 1 2 3 0 1 M G M T M T G 0 2 / 2 4 0 . 0 0 2 , 0 0 0 . 0 0 11 1 1 1 1 1 1 9 4 8 0 4 / 0 2 / 0 9 6 8 8 T H E C O N S U L T I N G T E A M , L L C 6 1 2 8 5 0 1 W E L L N E S S C O U N S E L I N G 0 . 0 0 3 7 5 . 0 0 TO T A L C H E C K 0 . 0 0 2 , 3 7 5 . 0 0 11 1 1 1 1 1 1 9 4 9 0 4 / 0 2 / 0 9 3 6 4 T O W N O F L O S G A T O S 1 1 1 3 1 0 1 L E A K A G E S T U D Y 0 . 0 0 7 5 0 . 0 0 11 1 1 1 1 1 1 9 5 0 0 4 / 0 2 / 0 9 6 6 0 V A L D I V I A , J O H N 1 1 1 6 1 0 1 I N S T R U C T O R - K I C K B O X 0 . 0 0 1 2 6 . 4 0 11 1 1 1 1 1 1 9 5 1 0 4 / 0 2 / 0 9 3 9 8 V E R M O N T S Y S T E M S , I N C 1 1 1 6 1 0 1 S F T W A R E C L A S S 0 3 / 1 7 0 . 0 0 5 0 . 0 0 11 1 1 1 1 1 1 9 5 2 0 4 / 0 2 / 0 9 5 0 0 W A R R E N , D O R O T H Y 1 1 1 6 1 0 1 C L A S S R E F U N D 0 . 0 0 1 0 . 0 0 TO T A L C A S H A C C O U N T 0 . 0 0 4 8 , 7 5 3 . 6 7 TO T A L F U N D 0 . 0 0 4 8 , 7 5 3 . 6 7 TO T A L R E P O R T 0 . 0 0 4 8 , 7 5 3 . 6 7 21 1 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Brad Lind DIRECTOR: John Livingstone ________________________________________________________________________ SUBJECT: Adopt Ordinance (1) modifying a State map identifying the areas in the City considered to be very high fire hazard severity zones and adopting it as the City's Wildland-Urban Interface Fire Area Map; (2) updating sections of the City’s Municipal Code which reference the City’s current hazardous fire area map to ensure they reference the new Wildland-Urban Interface Fire Area Map; and (3) adopting revisions to Article 16-60 (“Early Warning Fire Alarm System”) of the City Code specifying enforcement procedures for violations of that article. RECOMMENDED ACTIONS: Waive the Second Reading and adopt the Ordinance. BACKGROUND & SUMMARY: On April 1, 2009, the City Council conducted a public hearing, introduced the Ordinance and voted to place the Ordinance on the Consent Calendar for adoption. ENVIRONMENTAL DETERMINATION: The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment and therefore the activity is not subject to CEQA. ALTERNATIVES: 1. Deny the proposed Ordinance 2. Modify the proposed Ordinance 22 2 FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: A copy of the State Map and the proposed modifications was posted on the City’s website on February 26, 2009. Notice of this meeting was published in the Saratoga News on March 17, 2009. As required by State law, after the adoption of this Ordinance a copy of the Wildland-Urban Interface Fire Area Map will be posted in the City of Saratoga’s Building Department and notices identifying the location of the map will be posted at the offices of the recorder, assessor and planning agency. ATTACHMENTS: Attachment A – Ordinance Attachment B – Proposed Wildland-Urban Interface Fire Area Map Attachment C – Existing City of Saratoga Fire Hazard Map 23 Ordinance No. _____ 1 ORDINANCE NO. __________ AN ORDINANCE ADOPTING AND AMENDING THE STATE OF CALIFORNIA’S RECOMMENDED WILDLAND-URBAN INTERFACE FIRE AREA MAP TO REPLACE THE CITY’S EXISTING HAZARDOUS FIRE AREA MAP, MAKING CONFORMING AMENDMENTS TO THE CITY CODE, AND ESTABLISHING SUPPLEMENTAL ENFORCEMENT PROCEDURES FOR THE EARLY WARNING ALARM SYSTEM REQUIREMENTS OF THE CITY CODE. THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. On April 1, 2009, the City Council conducted a duly noticed public hearing at which all interested persons had an opportunity to be heard to consider the adoption of new (1) very high fire hazard severity zones for the City of Saratoga in accordance with California Government code sections 51175 through 51189 and (2) procedures for enforcement of the City’s early warning alarm system requirements. B. California Government Code sections 51175 through 51189 require the City of Saratoga to designate by ordinance very high fire hazard severity zones within its jurisdiction after receiving recommendations from the Director of Forestry and Fire Protection. C. California Government Code Section 51189(c) allows local agencies to make amendments to the recommended very high fire hazard severity zones based on substantial evidence regarding local conditions. D. The City of Saratoga has previously adopted a Hazardous Fire Area Map (the “City Fire Map”) designating hazardous fire areas. All new single- family dwellings, commercial structures and community facilities within those designated hazardous fire areas are required to install an early warning fire alarm system. All existing single-family dwellings, commercial structures and community facilities within those designated hazardous fire areas which are expanded by fifty percent or more in floor area are also required to install an early warning fire alarm system. In addition, the installation of an early warning fire alarm system may be required when existing commercial structures or community facilities of any size located with those designated 24 Ordinance No. _____ 2 hazardous fire area are remodeled or their use is changed. E. The City of Saratoga’s Wildland-Urban Interface Fire Area is defined as all areas within the City designated as hazardous fire areas on the City Fire Map. All new buildings and all existing buildings modified to increase the gross floor area (with exceptions for new non-habitable structures accessory to single family residences that have a gross floor area of 500 square feet or less and for one-time additions to existing buildings made after January 1, 2008 that do not exceed 500 square feet in gross floor area) located in the City’s Wildland-Urban Interface Area are required to provide automatic sprinkler systems. F. Based on evidence supplied by the Saratoga Fire Protection District and the Santa Clara County Fire Department, the City Council hereby makes the following findings supporting the inclusion in the new Wildland-Urban Interface Fire Area Map of areas which were not identified as very high fire hazard severity zones by the State but which are identified as hazardous fire areas on the City Fire Map. 1. The City of Saratoga experiences low humidity, high winds and warm temperatures during the summer months which creates conditions particularly conducive to the ignition and spread of grass, brush and structure fires in the areas identified on the City Fire Map. In addition, the presence of heavy vegetation in those areas increases the potential for the rapid spread of any fire which may start, particularly during seasonal dry spells. 2. The areas identified on the City Fire Map are within or immediately adjacent to hillsides where fires would be difficult for emergency responders to access and control or prevent from spreading to surrounding structures or wildland areas. 3. These exceptionally hazardous conditions, potential response delays and compromised fire suppression capabilities cumulatively mandate the inclusion of these areas in the new Wildland-Urban Interface Fire Area Map. G. The existing City Code requires, under various circumstances specified in the Code, installation and continued operation of an early warning alarm system. This ordinance would ensure effective operation of the system on a citywide basis by delegating to the City’s Fire Districts the authority to enforce the alarm system requirements and by establishing an appeal procedure for those enforcement proceedings. 25 Ordinance No. _____ 3 H. The existing City Code prescribes the method of use, properties, performance, or types of materials used in the construction, alteration, improvement, repair, or rehabilitation of a building, structure, factory-built housing, or other improvement to real property, including fixtures, architectural and design functions in areas subject to the City Fire Map. This ordinance amends the City Fire Map but does not amend the existing prescriptions. I. The ordinance governs buildings standards in the City of Saratoga. It does not modify the boundaries of any established zoning district, or impose, remove or modify any regulations concerning the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, or any other purposes. It does not impose, remove or modify any regulations concerning signs and billboards; the location, height, bulk, number of stories, and size of buildings or structures; the size and use of lots, yards, courts, or other open spaces; the percentage of a lot which may be occupied by a building or structure; the intensity of land use; requirements for offstreet parking and loading; the establishment and maintenance of building setback lines; or the creation of civic districts around civic centers, public parks, public buildings, or public grounds. Section 2. Adoption. A. Map Adoption. The Wildland-Urban Interface Fire Area Map, identified as Exhibit “A,” attached hereto and incorporated herein by this reference, is herby designated as the map delineating very high fire hazard severity zones for the City of Saratoga. A copy of this map, properly attested, shall be maintained in the Office of the city Clerk of the City of Saratoga. B. Code Amendment. The Saratoga City Code is amended to read as follows. Any text inserted by this amendment is indicated in bold, double-underlined font (example); any text deleted by this ordinance is indicated in strikeout font (example); text in standard font is unchanged by this ordinance. 1. Article 14-25.110 of the Saratoga City Code is amended as follows: 14-25.110 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of 26 Ordinance No. _____ 4 fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as the Wildland- Urban Interface Fire Area hazardous fire areas on the City’s Wildland-Urban Interface Fire Area Map, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the Wildland-Urban Interface Fire Area hazardous fire areas is impaired due to the nonavailability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the Wildland-Urban Interface Fire Area hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) Because commercial buildings and community facilities are public gathering places, the public health and safety risks of fire are particularly acute. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. (6) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be 27 Ordinance No. _____ 5 evaluated by the Fire Chief in each individual case. (7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for tentative map approval under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within the Wildland-Urban Interface Fire Area designated hazardous fire area. (2) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area and is located within the Wildland-Urban Interface Fire Area designated hazardous fire area. (3) All new single-family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. (c) Discretionary requirement for certain existing commercial structures and community facilities. Where an existing commercial structure or community 28 Ordinance No. _____ 6 facility is remodeled or the use thereof is changed, and such commercial structure or community facility either: (1) has a floor area in excess of five thousand square feet, or (2) regardless of size, is located within the Wildland-Urban Interface Fire Area designated hazardous fire area, then the Chief of the Fire District having jurisdiction over the project may require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is imposed, it shall be made a condition of tentative map approval under this Chapter. The determination by the Fire Chief shall be based upon any one or more of the following considerations: (1) An occupant load increase of fifty percent or more. (2) New commercial cooking operations. (3) Hazardous materials storage for which a permit is required. (4) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of floor area and fifty percent expansion. (1) As used in this Section, the term “commercial structure” includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term “community facility” includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of floor area is as described in Chapter 15. (3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty-percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five-year period of time increase the amount of floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. 29 Ordinance No. _____ 7 2. Article 15-80.090 of the Saratoga City Code is amended to read as follows: 15-80.090 Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as the Wildland- Urban Interface Fire Area hazardous fire areas on the City’s Wildland-Urban Interface Fire Area Map, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the hazardous fire areas is impaired due to the nonavailability of access to some portions of such areas, the existence of steep, narrow streets and roadways located in such areas, the lack of connecting streets and roadways in such areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the Wildland-Urban Interface Fire Area hazardous fire areas increases the potential for the rapid spread of any fire which may start in such areas, particularly during seasonal dry spells. (3) A substantial portion of the new single-family dwellings being constructed in the City are larger structures, typically in excess of five thousand square feet with three-car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi-family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) Because commercial buildings and community facilities are 30 Ordinance No. _____ 8 public gathering places, the public health and safety risks of fire are particularly acute. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. (6) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for the granting of design review approval or a use permit or variance under this Chapter, the approving authority shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (2) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area and is located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (3) All new single-family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, 31 Ordinance No. _____ 9 apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. (c) Discretionary requirement for certain commercial structures and community facilities. Where an existing commercial structure or community facility is remodeled or the use thereof is changed, and such commercial structure or community facility either: (1) has a floor area in excess of five thousand square feet, or (2) regardless of size, is located within the designated Wildland-Urban Interface Fire Area hazardous fire area, then the Chief of the Fire District having jurisdiction over the project, may require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is imposed, it shall be made a condition of the design review approval or use permit or variance under this Chapter. The determination by the Fire Chief shall be based upon any one or more of the following considerations: (1) An occupant load increase of fifty percent or more. (2) New commercial cooking operations. (3) Hazardous materials storage for which a permit is required. (4) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of floor area and fifty percent expansion. (1) As used in this Section, the term “commercial structure” includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term “community facility” includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of floor area is as defined in this Chapter; and (3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the 32 Ordinance No. _____ 10 work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five-year period of time increase the amount of floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. 3. Article 16-20.100 of the Saratoga City Code is amended to read as follows: 16-20.100 Amendments to Chapter 9 of the Fire Code; Fire Protection Systems. (a) As noted in Section 16-15.070 of the Saratoga Municipal Code, modifications made in this Section also apply to and amend Chapter 9 (“Fire Protection Systems”) of the Building Code. (b) Subsection 903.2 of the Fire Code is amended to read as follows: 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations, described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.13 and as follows, whichever is the more restrictive: 1. An automatic sprinkler system shall be provided throughout all new buildings that have a gross floor area in excess of 3,600 square feet or that are three (3) or more stories in height. 2. An automatic sprinkler system shall be provided throughout all existing buildings when any of the following occur: buildings larger than 3,600 square feet are expanded; modifications are made that increase the gross floor area to more than 3,600 square feet; or the number of stories is increased to three (3) or more. EXCEPTION: One-time additions made after 01/01/2008 that do not exceed 500 square feet in gross floor area. 33 Ordinance No. _____ 11 3. An automatic sprinkler system shall be provided throughout all new buildings located in the designated Wildland-Urban Interface Fire Aareas. EXCEPTION: Any non-habitable structures accessory to single family residences that have a gross floor area of 500 square feet or less. 4. An automatic sprinkler system shall be provided throughout all existing buildings located in the designated Wildland-Urban Interface Fire Aareas when modifications are made that increase the gross floor area. EXCEPTION: One-time additions to existing buildings made after 01/01/2008 that do not exceed 500 square feet in gross floor area. (c) Subsection 903.2.18 is added to the Fire Code to read as follows: 903.2.18 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of motor vehicles shall be equipped with an automatic sprinkler system: 1. Any newly constructed attached or detached garage. 2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added to, or expanded so as to increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equaling or exceeding the above fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits within a period of five years after completion of the first improvement, where although each is for a project encompassing an addition of less than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. 34 Ordinance No. _____ 12 3. Any existing garage which is altered, added to, or expanded so as to increase the size of such garage by either 200 or more square feet or thirty-three or more percent of the original size, whichever is less. The area of a garage shall include all contiguous areas within the structure utilized for workshop or storage purposes which are not constructed as habitable space in accordance with the requirements of this Code, whether or not such contiguous areas are designed or utilized for the storage of motor vehicles. Any automatic sprinkler system installed pursuant to this Section shall comply with the standards set forth in National Fire Protection Association Document 13D. All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow switches that are connected to audible warning devices of sufficient number and adequately located within the dwelling so as to cause, when activated, a level of audibility of not less than fifteen decibels above ambient noise levels measured four feet above the floor with bedroom doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed is required to be equipped with an early warning fire alarm system pursuant to Chapter 16, Article 16-60 of the Saratoga Municipal Code, the water flow switches referred to herein shall also be connected to the digital alarm communicator transmitter or the fire alarm control panel described in Section 16-60.020 of said Code. However, if the dwelling serviced by the garage is not equipped with such early warning fire alarm system, the water flow switches shall be connected to an outside audible alarm that will cause, when activated, a level of audibility at the property line nearest to the alarm of not less than fifteen decibels above the ambient noise level at such property line. The provisions contained herein shall apply to both attached and detached garages. (d) Subsection 903.3 of the Fire Code is amended to read as follows: 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.7 and Fire Department Standards. 35 Ordinance No. _____ 13 4. Article 16-20.170 of the Saratoga City Code is amended to read as follows: 16-20.170(a) Amendments to Chapter 47 of the Fire Code; Requirements for Wildland-Urban Interface Plans. (a) The definition of Wildand-Urban Interface Fire Area in Section 4702 of the Fire Code is amended to read as follows: The Wildland-Urban Interface Fire Area is a geographical area identified by the state as a “very high fire hazard severity zone High Fire Hazard Severity Zone” in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable referenced sections of the Government Code and the Public Resources Code. The Wildland-Urban Interface Fire Area shall be defined as all areas within the City of Saratoga designated as very high fire hazard severity zones hazardous fire areas on the City of Saratoga’s Wildland-Urban Interface Fire Area Map Hazardous Fire Area Map. The Wildland-Urban Interface Fire Area Map Hazardous Fire Area map, properly attested, shall be on file in the Office of the City Clerk of the City of Saratoga. 5. Article 16-60.010 of the Saratoga City Code is amended to read as follows: 16-60.010 Application of Article; requirement for installation of alarm system. (a) Where installation of an early warning fire alarm system is required under the Safety Element of the General Plan or any provision of this Code, including Section 14-25.110 of the Subdivision Ordinance or Section 15- 80.090 of the Zoning Ordinance, or this Article, such early warning fire alarm system shall be installed, operated, and maintained in accordance with the provisions of this Article. (b) Where a proposed development does not require any form of permit or approval to be granted under the Subdivision Ordinance or the Zoning Ordinance, installation of an early warning fire alarm system in accordance with the provisions of this Article shall be required as a condition for the granting of any building or other permit under this Chapter 16 in each of 36 Ordinance No. _____ 14 the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (2) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area and is located within the designated Wildland-Urban Interface Fire Area hazardous fire area. (3) All new single-family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi-family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (6) Any existing multi-family dwelling or other structure having multiple sleeping units such as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. (7) When required by the Chief of the Fire District having jurisdiction over the project, an early warning fire alarm system shall be installed in an existing commercial structure or community facility which is remodeled or the use thereof is changed, and such commercial structure or community facility either: (i) has a floor area in excess of five thousand square feet, or (ii) regardless of size, is located within the designated Wildland-Urban Interface Fire Area hazardous fire area. The determination by the Fire Chief shall be based upon any one or more of the following considerations: a. An occupant load increase of fifty percent or more. b. New commercial cooking operations. 37 Ordinance No. _____ 15 c. Hazardous materials storage for which a permit is required. d. The principal use involves the care or supervision of building occupants. As used in this Section, the term “commercial structure” includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term “community facility” includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. The determination of floor area is as described in Chapter 15. For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five-year period of time increase the amount of floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. 6. Article 16-60.070 is added to the Saratoga City Code to read as follows: 16-60.070 Violations; Delegation of Enforcement Authority (a) Any violation of this Article shall constitute an infraction and a public nuisance for which penalties may be imposed and other relief sought as provided in Chapter 3 of this Code. As a separate or cumulative remedy, a Notice of Code Violation may also be recorded pertaining to such violation, in accordance with the provisions of Section 16-60.080. (b) In addition to any other persons having enforcement authority, the Chief of the Fire District having jurisdiction over the property on which an early warning alarm system is installed, or the Fire Chief’s designated representative, shall have authority to enforce the provisions of this Article. 7. Article 16-60.080 is added to the Saratoga City Code to read as follows: 16-60-080 Recorded Notice of Code Violation 38 Ordinance No. _____ 16 (a) Whenever the Chief of the Fire District having jurisdiction over the property on which an early warning alarm system is installed, or the Fire Chief’s designated representative (“Fire Chief”) has knowledge of a violation of any provision of this Article, the Fire Chief may give written notice of such violation to the owner of the property on which the early warning fire alarm system has been installed. Violations may include failure to install, operate, or maintain the alarm system in accordance with the applicable standards and requirements adopted by the Saratoga Fire District, or failure to connect the alarm system to a monitoring station as specified by the Saratoga Fire District. Such notice shall be mailed to person and address as shown on the records of the Fire District, or if such record does not exist or is known to be inaccurate, to the person and address as shown on the latest available County assessment roll or as otherwise known to the Fire Chief. (b) If the property owner fails to correct the violation within the time specified in the notice, or such additional time as may be granted by the Fire Chief, a further written notice may be given of the Fire Chief’s intention to record a Notice of Code Violation in the office of the County Recorder. The notice of intent shall describe the nature of the violation and inform the owner that a Notice of Code Violation will be recorded unless a hearing before the Board of Fire Commissioners of the Saratoga Fire District is requested by the owner within twenty days from the date of the notice. (c) In the event a hearing is not requested and the violation has not been corrected, or in the event that after the conduct of a hearing by the Board of Fire Commissioners of the Saratoga Fire District, and consideration of all evidence presented thereat by the owner, the Board determines that a violation of this Article in fact exists, the Fire Chief may record a Notice of Code Violation in the office of the County Recorder. (d) At the request of the affected property owner or other interested person and upon determination by the Fire Chief that the violation described in the Notice has been fully corrected and no longer exists, the Fire Chief shall furnish to the owner or other interested person a notice of expungement of the previously recorded Notice of Code Violation. (e) The recording of a Notice of Code Violation pursuant to this Section shall be in addition to any other rights, remedies or actions available to the Fire District by reason of the same violation as described in the notice. 39 Ordinance No. _____ 17 Section 3. CEQA Compliance. The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment and therefore the activity is not subject to CEQA. Section 4. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 1st day of April, 2009, and was adopted by the following vote following a second reading on the 15th day of April, 2009. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ __ Chuck Page 40 Ordinance No. _____ 18 MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ __ Ann Sullivan CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY P:\SARATOGA\RESOLUTI\Fire Hazard Map Ordinance (Draft 03-24-09).doc 41 ± Ci ty of Sa rat ogaVery H igh Fi re Haza rd Seve rity ZonesLocal Resp on sib l e A rea March 2009 Copyright, 2008 County of Santa Clara, All rights Reserved Saratoga 's Wildlan d-Urban Interface Fir e Area Map 42 D R . E U C A L Y P T U S D R .D E L BOHLM AN ROAD G L E N R E D H I L L R D . 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C T .SPRINGORCHARDDR.C E D A R C T . S P R I N G T I M B E R S P R I N G LN.C T .W I L D F L O W E R B R I C H C T. S P R I N G DOROTHY P A R K CT.NORMANDY WAYVINEYARD L O N G F E L L O WSPRINGSSPRING ANNE WILDFLOWER WAYSEVEN SPRINGS L O N G F E L L O W C T .B U C K T H O R N E S E V E N K I N T Y R E CHANTEL CT.DR.B L A N E Y P K W Y . WAY O A K B R E T M O O R C T .S P R I N G C T . C T . C T . O L I V E P A L M S P R I N G S P R I N G CREEKSPRING S O U T H S H O R E R O S E G A R D E N L N . W A L N U T NEWCASTLE DR.PLUM BLOSSOM DR.W E S T S H O R E WINDSOR WAY C T.RIDGE CREEK D R . E D DI N G T O N S H A R O N M A N O R C T . SHARON DR. C T. CT.WATERFORD DR.C T . DARTMOORTRIUMPH C T . SIE R R A S P R IN G R D . A S T E R B R O O K PINE BROOK CT. CT.P I N E D R . T R IN IT Y S P RIN G PL.AVE.P R I M R O S E DEVON WAYDUCKET WY.L E E D S C T.F R E E W A Y C T.WOODHILL CT. D R. DR.P O P P Y J A M E S T O W N L N . S I E R R A S P R I N G DO N G A L P L A C E R S P R I N G C T . L N . 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C R A Y S I D E AVE.WAY GOLETAST.JOAN CT. A R G U E L L O C T .MANOR DR. RD LEUTAR T E D G R E E N M E A D O W BEAUCHAMPS LANE CHERRY S A N K A CT.GULLKREISLERDR.SUMNER D E SEA LN.PROSPECT CHERRYHILLMOORDR.LN.RD.AVE.W A YRD. H E I G H T S CLARIDGERD. C T . S U M N E R W Y . GUAVACT. PROSPECT FARR RANCHSCENIC C T .A R G U E L L O CT.L I D OVERDEFREDRICKSBURG MOOR KARNDR.CT.CONTINENTAL C T . I N D I O R A N C H P L .DR.C T . CT.CIRCLE D E BLOSSOMCARNIEL K I N M A N CT.DR.O R E L L A A R R O Y O W A R D E L L WARDELLPARKER RD.WILLIAMSBURG L N . C T . S A R A T O G A COXDR. A R B O R C T . S T A R C T . W O O D S WAY C T . CIR C L E Y O L O L N . W O L C O T L I K A W A Y I O N E L N . G L E N J E P S E N A S H L E Y GARNETCARNIEL C T . C T . A S H L E Y D R . CT. C T . R E G A N I D L E W O O D OAKS PIERCEARGUELLO CORTE DE ROADARGUELLODIAMOND C T . R O A D RID G E L N . C T.CHATEAUDR.DR.W O O D M O N T D E C I R C L E CO MER CT.P I E R C E CT. C HI Q UITA CRAIGENFOOTHILL DR.R O A D L N . C T .A R R O Y O BLAUER D R . DR.D R . COMER B R A N D Y W I N E WINTERAPOLLO LN.H O U S T O N CT.D R .WA YDR. ARGONAUTPARAMOUNT CHATEAU D R . R E G A N CT.TRICIA WY.HICKORYHILL DR.WAYFUTURE M T N . C H A R T E R S CHADWICKLN.P L A C E CUNNINGHAM LJEPAVACT. S H A D O W ANGUSEDENCREST S T E W A R T C T . PARAMOUNT D R .D R . RD. KILBRIDE CT.C T .DR.R I C EROAD C HIQ UITA G L A S G O W C T . MILJEVICH KILBRIDE PADER O DR. WAY AVE. MT.G L A S G O W RD.LEONARDSURREY EDINBURG DR.TRAILDR. MEADOW CT.D R . L N .GLENBRAE GLEN BRAE DR.CT.C T .VILLA OAKS ROAD C L O T H I L D E M AN O A DEBBLE C T . C T .D R . CT.S U N N Y V A L E A R G O N N E C H A L E T B O N N I E A V E . K A H A L A OLD OAK B R I A RSARAVIEWCT. L N . A L D E R M A N D A R I N C T . A V E . RUSSEL LN. D R . L N . DR.H A M M O N S RUSSELL THELMA AVE.QU A R RY V A Q U E R O W Y . W A Y VIA LN.EDEN S A R A V I E W RD.W A Y CT. SARAHILLS FRANKLIN AVE.D R . DR.A V E . REGINA S A R A H I L L S W A Y CT.C T.P L . J I M S SARATOGA VISTALN.P I E R C E T R E E A N N CT.C A M I N O C T . K O D I A K T O N I OLDCHALET VERDE VISTA LN.T A C U B A V I S T A MERRICK DR. C T . R I C O A V E . V E R D E L N . H O W E N BOYCE E LCALL E WOODWARD L E X I N G T O N CT. D R . P R U N E B L O S S O M VISTA S A R A T O G A B E A U M O N T T A M W O R T H R D .AVE.HERRIMANREGINA AVE.SEATON R I V E R LANNOYAVE. UPPER A V E . CT. R A N C H HILL D A M O N S A R A T O G A DEERPARKRD. T R I N I T Y CT.CIRCLE S A R A T O G A HERRIMAN C T . DR.M A L C O M P I K E AVE.D R . C T . LANE A V E . S A R A T O G A A L B A R L Y N D E HILLS C T . JERRIESRD.HILL G E R N E I L MT. EDEN CT.TRINITY AVE.C T . RD.OAKRD.A V E . D R . L Y N D E L N . JU N ETRINITY C T . P I K E A V E . W A Y D O R E N E A V E .WILLIAMSLACEY R I OAVE.S T .P O N T I A C R O A D SHADOW L O M A W A YHEBER TE E R LIN K V I S T A HOLLO W C O U R T R E I D D R .A L T AWAY WALNUTAVE.L N . SEA G R AVES LN.E L V I R A S Q U I R R E L W Y.PALOMINOWAY P L .R D .V I C T O R V I E W W O O D V I E W DR.W O R D E N J U N I P E R L A N E W Y.C A N Y O N M A R I O N DORSEY M I C H A E L S WAY LO V E LA N D C T.D R . W A Y L N .A R B E L E C H E B U R N S SULLIVAN L N .A V E . V I E W A V E . CT.DURHAMBARKSDALE TOLL S A R A T O G A P I E R C E G L E N M O N T C T .LN.C A N Y O N V I E W B R O O K W O O D W A YAVE. S A R A T O G A G A T E W A Y LA PALOMA DR.ORCHARD R D. HEIGHTS D O U G L A S S C A N Y O N DR. D R . L U T H E R I A AVENUE P A U L C T .E L V A S P R I N G E R 4TH ROAD DEER CANYONVIEWSPRING S PA R K WILD W O O D A V E . DR.W A YAVE.CT. S A R A T O G A PL.ST.E S T E R L E E OAK PL.W A Y S P R I N G E R FIELDSTONE 3RD DR.S T . HEIGHTS CT.4THSPRINGER F I E L D S T O N E CT.ST.R O A D P L A C I D A A V E . C T . G L E N W Y .DEEPWELL ST.R O A D S T O N E R I D G E CT. VINTAGE M I L L B A S I N S P R I N G E R D R . C R E E K LN.HORSESHOE 5TH W E S T C O T T D R .LUMBERTOWN R D . B E R R Y FOREST ST.R O C K Y BI G 6 T H AMBRIC L N . W I L D HILLS CT. A V E . DR.S T .D R .C A R N E L I A N KOMINA H O R S E S H O E S T. K N O L L S LN.RD.SYCAMORE S T. C H A R L E S GROVE S P R I N G E R LOMITA A V .H AY M E A D O W S T . PA M E L A A V E . W AY AVE.O A K RD.BELLATOLLBANKHALLALOHA V I C K E R Y R D .C O N G R E S S GATELN.L N .SARATOGA P L .RD.AVE.V I C K E R Y VISTAJACKS BUTANO C O D Y P I E R C E TERR. 9 ROAD CONGRESS AVE.CONGRESS SPRINGS R A N C H OBELLA CALLESP RIN G S R D . MONTALVO M E N D E L S O H N V I S T A 9 LN.AUDREY SMITH LN. BONNIE BRAE WAYVINERD. V I C K E R Y S T. MONTALVO OAKS LN. LN.AVE.HILL B O N N EBOHLMAN B R A E N O R T O N WINN RD. L N . AVE.MONTALVO M O N T A L V O HEIGHTS R D .DR. R D . H U M E R D .W I L D C A T QUAILRUNCT.H I L LDR.P I E D M O N T SIGAL L N . MONTALVODR. R D . M A D R O N E R D . RD.A R C H I B A L D RD. BELNAP KITTRIDGE B O H L M A N D R . H I L L SUNSET D R . P E A C H PUENTE BLYTHE CT. MALLORY CT. CT. R I D G E HERITAGE LOS PARK S. W Y . A C R E S B O U N T I F U LWAY D R . W A Y DR. D R . C T .RHONDADIAL WY.DIALMILLER SLIDA CASTLEDR.D R . MANORWAY K N O L L WALBROOK DR.COUNTRYPARK W A YVICANNA DR.O A K EILEENOAKROYALGLENMOOR ANN DR.A L D E R B R O O K DR.W A Y W A Y G R A Y W O O D DR.WAY W A YWISTERIA K A V E N Y C T .W A Y DR.LASSENCT. B I N G S U Z A N N E B R E N T O N A V E . AUGUSTAAVE. D R .WAY S T E P H E N H E C K M A N G R O V E JANARY WAY BROOKHURST D R .MC KELLAR W A YDRIVEJOY CT.DR.D R . D R .D R . D R .LN.DR.P E T A L W A Y D R . S T U R G E O N WELLFLEETLARKIN WAY BROOKHAVENWAYPLYMOUTHELKA P I N E DR.SHADYBROOK A V . B O N N I E AVE.J O H N S O N D R .CT. D R .D R . F E R G U S O N CT.BIBEL W A L B R O O K D R . AVE.G R E E N E C O N S T A N S O SQUIREDELL DR.D R . C L A R K S P U R BROOKNOLLELMAR T E R E S I T A CT.MAYFLOWERCT.O S O F I E L D S E N G L I S H IVY T A R T A R I A N D A N R O M A S C R E S P I P R O V I N C E T O W N C A M E O LN.GRAVESLN. D E E R F I E L D E LAVE.TRACEL DR.BROOKPILGRIM AVE.SUNNYBROOK N O R F O L K B R O O K R I D G E CT.P E T E R S O N D R .LN.CT.MAYMEROADBROOKGLEN AVE.PROSPECT L Y L E CT.COLBY ERIC DR.ERIC DR. M A U R I C E C T . L N . ARDMORE F E R N B R O O K L N . C T. D R .CT.L N . ASCENSION DR. M I L L E R RD.I N G R I D A V E . D R .WAY D R .A V E . D R . D R . K R I S T Y OAKHAVEN A RD E NCT.ASHTON CT. T E R R E N C E CT.M E L I N D A CAMPBELL L Y N B R O O K C T . C T .DR.S Q U I R E C A N D Y LADER A AV.M E L L O W O O D CABERNET SANMILLERCOUNTRYCIRCLECT.D R .S C U L L Y GREENBROOK PALO CT.SOMERVILLE C T .SOMERVILLE A V E . CT.DR.S A R A T O G A CT.A V E . C T . C A N D Y DRIVEMABEL LOLLYBROOKVIEW W A L D E N ELISA AVE.DR. D R . D R .KOSICH D R . A V E . A V E . C T . FALMOUTHMILLERCT.D R . K O S I C H NORTHAMPTON R O A D CT.D R .C T .OBRADTITUS C T . C T . D O V E R N E W P O R T DR.NORTHHAMPTON DR.WESTVIEW W A Y DR.W O O D S I D E DR.P A L M T A G ELMWOODQUITO S A R A T O G A C R E E K R A D O Y K A W A YLOLLY W A YBROOKGLEN W Y . CYRILMILLER L A R C H M O N T SCULLY DR.CT.T I B E R A N AVENUE C O L U S A DORCHESTER D R . DR.W Y .D R . WESTVIEW A V E N U E W Y .A V E . C U R R Y A V E . SEA TIBERAN C T . DR.SOLANA R A L E I G H C T . C T . C E R R O P L .N O R T H A M P T O N W O O D S I D E ANSLEYEDINAPALMTAG D R .LN.BELLWOOD D R . D R . S E R G E NANTUCKET J O L E N E A S H L A N D C O L U S A C I R .DR. CT.PASEO PL.A V E .D R . PICO NORTHLAWNFLORES TITUS CT.D R .HARGRAVEDR.D R . G U L L WAYFREEWAY HOLYOKE DELL CT.T I T U S GUNTHER OLIVOSCT.W O O D CT.CT.PASEOLARCHMONT VENDURACT.CT.C R E E K C A M B R I D G E E A S T O N L N .CT.O L I V O S C T .P A S E O O L I V O S NE E DH A M G L E N E A S T O N LN .W A YLN.SUN P A S E O P A S E OELMGROVEBIARRITZ VALLEY COLUSA LN. C T . P A S E O CT.BROCKTON MELLONPLYMOUTH R A D O Y K A CT.SARATOGA DR.B I A R R I T Z D R .YUBA CT. L N . R O A D S A R A T O G A W Y . E L M G R O V E BIARRITZ L N .BROCKTON DR.LN.GLEN B A C H C T . CT.A V E . R O D O N I BUCKNALLAVE.B R O O K C T . D A R I E N W Y . A V E . PL.COX H O M E S P A R K W A Y GLEN BRAE C I R C L E CT.SHALENAVE.S A R A TIERRAPASEODR.SHUBERTDEHAVILLAND OAKS CT. M I L L E R CT.DR.P A L O R D . C T . A B E R D E E N C T . CT.BETLOPRESADA C H A P A R R A L D R .PASEO PUEBLONEWHOUSE C T . C T . C O L U M B I N E T A M I E A R L E E N D R .JUNIPERO AVE.BOBBIEDEHAVILLANDVILLAGE WAY AVE.D R .COX D R .D R . AVE.PALERMO BAYLORCT.A N Z I A LADOPASEO JACCARANDA DR.LA VISTA PURDUE CT. C T .C H A R D O N N A Y C T . CT.VIA REALDR.VIA AVE.DEVONWAY L A V I S T A B R A E REAL VANDERBILTVIAESCUELAVIA E S C U E L A C I R . B E L L G R O V E MASSON DR.S T . TERRACECT.VIA D R .AVE.MC FARLANDMADRONAS CT.AVE.CLEMSONGLEN DR.GRANDE DR.CT.D R . P A S E O C U M B E R L A N D S T .AVE.MARTHAVIAROBLEGRANDE DR. CT.VIA SWARTHMORECONGRESS ST. ANN CRESCENTE J U N C T I O N WOODLEIGHVIACHARTERSTEN O A K CT.C T .CT.S T .D R .CT.S T . Q U I T O M A D R O N A S V I A B L A N C V I L L A N O V A V I A MC COY MC COYAVE.AVE.R A N C H E R O CT.H E A T H G L E N B R I A R M O N T R O S E SCOTLAND CT.D R . A V E . S T . V I A K E V I N A V E . A R R I B A DUNDEE MONTREALLN.V I A DAGMAR L A S A L L E M C D O L E AFTONDR.MONTEWAY V I A M A D R O N A S AVE.WAYBONNETDR.TISDALEDR.CT.L N .V I A F O N T A I N E W A Y D R . PORTOS C A R R I C K D R . M C C U L L O C H B R E W I C K AVE.WAYVIADR.W O O D B R A E W A Y BRAEMAR CT. CT.WAYRANFRE D R . M O N T E D R.DR.C H R I S T I E S A R A T O G A P L .EMANUELABDULLAP O R T O S MORAY YORKTON WAY CT.H O L I D A Y C T .W A Y KILT CT.D R . C T . CT. B R E O KODIAC H A R P E R L N . A L V A R A D O C T . T W E E D K I N G S T O N D R .P O R T O S SOUSA HALIFAX P L .LN. L I S A D R .L N .W A R DDR. CASA 1 PINETREE TERR.B O N N E T W A Y BLANCA 2 PONDEROSA TERR.T O R O M A R I E C T .3 PEACH TERR.R O N N I E LN.WESTMONTHOLIDAY OAHU 4 POPLAR TERR. DR.L O M O N D C T . C T . CRESTBR O O K AVE. K E R W I N R A N C H C T . LN.L A P A Z W A Y ASPESIWESTOVER M Y R E N R I V E R D A L E D R . M Y R E N METLER DR. C T . CT.WE N D Y M E RRI B R O O K ROSSMERE PONDEROSA S P R I N G H I L L C T . CT.CT. TERR. F E R N C R E S T C T . DR.L Y O N S P I N E T R E E Q U I T O DR.ROUNDTREE C T . CT. T E R R . PEACH W A YDR.TERR.HARLEIGH A S P E S I C T . D R . C T . POPLAR D R .ROUTE TWAINHARLEIGH C T . TERR. CT. RAILROAD H A R L E I G H C T . F O R T U N A 85MANTECA C T . O R L E A N S R I C H E L I E U ATHOS ALCOTTPL.WAY PEREGO WAY Y E R B A C T .ELWOODPORTOS C T .WAY D R . D O L P H I N R A V E N W O O D DR.S A N T A C T.A L T O M O N T P E R E S E R R A O A K S V I AALLENDALEAVE.ESPADA ELWOOD CT.ALLEN DA LE B A R C O AVE. L O Q U A T C T . R A V E N D R . C T . C A M I N O A V E . A V E . E LW O O D D R . CAMINO D R .DE LOS H Y D ERAVENWOODDR.BARCOS M A R I L Y N QUITOGARDNER LANE OAKS D R . WAY B E A R D E N A P R I C O T MONTAUK DR.W A Y D R . C H E S T E R HILL CT.CT.MARSHALL S H O R T D R . L N . D R . S O B E Y LN. H I L L C T . H Y D E D R . M E A D O W S L I N D A S I E R R ADR. E L C A S A ST.CT.C T . T A O S P A L M S C T . O L I V A R G R A N D E A R C A D I AOKANOGAN R O A D A C R E S F R U I T V A L E S T . C T.T E N R I O P L A Z O L E T A SOBEY V I S T A RD.TEN C A S I T A S S T . V I S T A TAOS CT.A V E .R D .KENOSHA M A C L A Y C T . MINOCQUA CT. CT.L A N E VIA ACRESTAOS D R . T E S O R O E L P I N A RWOOD C H E S T E R O L D E V A N S LAGOALTURA DELVISTADOUGLASSLANEROAD C T .WOOD RD.CORDWOOD OLD D O N N A L N. CT.A V E . L A G O N U T W O O D R D .W A L N U T C T . V I AWAY C A L L E L N . BLACK CASITAS C H E S T E R C I R . C A M P O RD.SAN MARCOS A L T U R A SAN MARCOS L E L A N D RD. O M E G A C O L L A D O V I S T A V IAVERSAILLESWAYWAYBURGUNDY E L Q U I T O A L T U R ALN.W A Y L O S P U E N T E O L D C T . A V E . VESSING RD.O L D A D O B E C H E S T E R W A YCHABLIS ALTURAVISTAOAKS CT.C T .O A K W Y . DR.R I N C O N A D A W I L D S O B E Y W A Y O A K S C T . AVE.FARWELL R D . AVE.MISTLETOE RIESLING R D . CT.W A Y RD.Z I N F A N D E L A D O B E C T . C T . A V E . O A K A M B L E S I D E D R . H I L L M ON TC L A I RWOODBANK S P RI N G M O N C L AIR PINNACL E CT.LALIVE BROOKLN.POSADACT. P L A Z A G R A N I T E G Y P S Y W A Y WAY P O S A D A C I M A SANDREW FARWELL CT.L A ARBOLADOLN.C R I S P WAY V I ACRISPLAS AVE.C T . AVE.C T .C T .AQUINOOAKS R D . THREE B A R A N G A R A N C H O WAY V A L L E C I T O S C T . W A Y T E R O R E S F R U I T V A L E H A U N D EGRANITE V I A T E R E S A BICKNELL V I A OAKSTHREE WAY V E R O N A LN. C T . L N . B E S T V I E W WAYCT.D R .R D .C T . VISTAVALLE S P E R R Y D R .DR.ROAD E N C I N A S P E R R Y Q U I T O O R I O L E R O A D E LVISTA AVON C T . E L MAUDE AVE.LN.C T .L O M I T A ALONDRA L U C I N D A DR.GREGORYLN.B E C K Y V A L L E S O B E Y PL.O R I O L E W A Y S T R A T F O R D J O9LN.V I A C O L I N A J A N O R A L M A C T. PANORAMA B E L L E MONTEWAY C A M I N O DR.C T . RD.T A M S O N C T. BLUE GUM G R A N D E WAY V I A VIA ENCANTADA V I A C R E E K S TWINVISTA CHADBOURNE C A B A L L E R O C T . B A N Y A N 9DR. L N . P E P P E R L N .Q U I T O DR.SARATOGA UNA WOOD V A Q U E R O MONTEGLEN D R . V I ASUNNYSIDEDR.WAY OAK DR.O A K S LOSDR. S K Y L N . D R .GATOS HILLVIEWWAY A V E . C I T R U S A U S T I N BAINTER D R . AUSTIN T O Y O N LAURELRIDGE B A I N T E R DR.W A YCREST O R O DEER VIN TN E R CT. M A S S O N C T . D E E R C A N Y O N LN. H I L L T O P W Y . MINA WY. M A G N O L I A C T . P E TU N I A C T. EL DORADO CT. S T E R L I N G O A K C T . GORDON CT. O A K H O L L O W L N . BARONI CT. QUAIL ACRES R O D E O C R E E K H O L L O W CT. B O U G A N VIL L E A C T. P E R A L T A C T . SEVILLA BELLA VINA E M E R A L D H I L L S C T . .0 0.5 1 1.5 20.25 Miles Copyright 2006 County of Santa Clara, All Rights Reserved City of SaratogaDesignated Hazardous Fire Area - Early Warning Alarm System For use in administering Early Warning Alarm System Requirements per Saratoga City Code Sections 14-25.110, 15-80.090 and 16-60-010 et seq. Legend Hazardous Fire Area Saratoga City limit 43 Page 1 of 6 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager Richard Taylor City Attorney SUBJECT: Adoption of an Ordinance Amending the City of Saratoga Municipal Code to Include a Compilation of Existing Local Laws that Promote Sustainability through the Reduction of Greenhouse Gas Emissions RECOMMENDED ACTION: Waive the second reading of the proposed ordinance amending the City of Saratoga Municipal Code to include a compilation of existing local laws that promote sustainability through the reduction of greenhouse gas emissions. BACKGROUND: At its March 18, 2009 meeting, the City Council held a public hearing on the proposed ordinance amending the City of Saratoga Municipal Code to include a compilation of existing local laws that promote sustainability through the reduction of greenhouse gas emissions. The ordinance simply compiles existing references from the Municipal Code and does not create additional laws. FISCAL IMPACTS: There is no fiscal impact associated with adoption of the attached ordinance. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City Council would not adopt the attached ordinance and a new chapter would not be added to the Municipal Code. 44 Page 2 of 6 ALTERNATIVE ACTION(S): The Council could request changes to the attached ordinance or could direct staff to pursue other alternative actions. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Proposed Ordinance 45 Page 3 of 6 ORDINANCE _______ AN ORDINANCE AMENDING THE CITY OF SARATOGA MUNICIPAL CODE TO INCLUDE A COMPILATION OF EXISTING LOCAL LAWS THAT PROMOTE SUSTAINABILITY THROUGH THE REDUCTION OF GREENHOUSE GAS EMISSIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. A. The City of Saratoga has undertaken a number of measures to promote environmental stewardship, increase community sustainability and reduce greenhouse gas emissions. B. As one part of these efforts, over a number of years, Saratoga’s City Councils have adopted ordinances, currently codified in the City’s Municipal Code, which promote sustainability by directly or indirectly reducing the production of greenhouse gas emissions. C. The City Council desires to compile existing sections of the Municipal Code, and future relevant sections of the Code pertaining to the reduction of greenhouse gas emissions into a new section of the Code, providing a readily accessible reference. Section 2. Adoption. The Saratoga City Code is hereby amended to adopt a new Chapter 17 regarding Sustainability including Article 17-05 “Greenhouse Gas Reduction Policies.” The purpose of this new Article is to compile references to other Municipal Code Sections related to Climate Protection, in order to provide a ready reference to these sections; this Article does not change the City’s existing laws in any way. The full text of the new Chapter and Article are set forth below: Chapter 17 Sustainability Article 17-05 Existing Laws 17-05.010 Greenhouse Gas Reduction Policies. The list below provides a reference to Sections of the City of Saratoga Municipal Code seeking to reduce emissions of greenhouse gases, together with a brief description of each Section. 46 Page 4 of 6 Nothing in this section shall change the meaning of the code sections summarized below and the full text of each section shall apply regardless of the summary below. a) 2-45.95 Recycled Paper. Mandates the establishment of procedures for purchasing recycled paper and paper products, giving preference to recycled materials when all other factors are equal. b) 4-65.090 Recyclers: Quarterly Reports. Requires quarterly reports on meeting waste reduction goals. c) 6-15.070 Discharge of pollutants into storm drains and watercourses. Establishes a misdemeanor for depositing pollutants into natural waterways and storm drains. d) 9-70 Transportation Demand Management. Promotes the implementation of programs to reduce traffic congestion and improve air quality in the City. e) 14-25.065 Subdivisions: Design Requirements: Creek protection easement. To protect creeks, creek banks, and associated wildlife habitats, prohibits building within a specified area around a protected creek. f) 15-16 P-C: Planned Community District. Allows for the creation of Planned Community Districts, which include smaller, less expensive housing, in addition to dedicating space for parks and recreation uses. g) 15-20.050(j) R-OS: Residential Open Space District, Development Criteria: Landscaping. In R-OS areas, gives preference to natural, indigenous, and drought-resistant plants. h) 15-45.055 Residential Design Handbook. Requires that all single-family structures be built in accordance with the guidelines in the Residential Design Handbook, which includes information on energy efficiency and promotes native vegetation and minimizing the amount of paved surfaces. i) 15-47 Water-Efficient Landscapes. To promote water conservation, encourages water- efficient landscaping including programming watering devices to account for weather patterns, using recycled water for landscape irrigation, and grouping plants for efficient watering. Also requires that the City inform new home-owners about water-efficient landscapes. j) 15-48 Limitations on Wood-burning Fireplaces. To improve air quality, limits installation of fireplaces in new construction, and outlaws burning garbage, plastics, rubber, paint, and anything that might emit noxious or toxic fumes. k) 15-50 Tree Regulations. Provides for the preservation of trees, which offer both scenic and climatic benefits to the City. Requires approval for the removal of protected trees (15- 50.050), and gives the City the power to require the planting of new trees as a condition for approving the removal of a tree (15-50.080). 47 Page 5 of 6 l) 15-52 Small Wind Energy Systems. Facilitates construction of small wind energy conversions systems for home, farm, and small commercial use. m) 15-56 Second Dwelling Units. Section 15-56.030(d) allows additional site coverage and allowable floor area in a second dwelling unit, if that unit is deed restricted to only be rented to below market rate households. n) 15-80.030(f) Miscellaneous Regulations and Exceptions: Solar panels. Subject to approval by the Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear setback area. o) 15-81 Housing Density Bonus. Provides for incentives for high-density housing that includes housing specifically set aside for senior citizens and low income persons. p) 16-72 Construction and Demolition Debris. Requires a recycling plan for construction and demolition debris for projects with more than 2,500 square feet of floor space. Plans should maximize waste diverted from landfills, and are documented, approved, and overseen by City staff. q) 16-75.030 Water Conservation Devices. Requires that all newly constructed buildings incorporate water conservation devices into plumbing and irrigation systems. Section 3. 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) and CEQA Guidelines Section 15061(b) (3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 4. Summary of Existing Law. This ordinance will merely summarize language in the City Code. The summaries would not cause a change in existing law. Section 5. Publication. This Ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. 48 Page 6 of 6 The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Saratoga held on the ___ day of ________ 2009 and adopted by the following vote following a second reading on the ___ day of ________ 2009: AYES: _______________________________________ NOES: _______________________________________ ABSENT: _______________________________________ __________________________________________ CHUCK PAGE MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: ___________________________ ANN SULLIVAN CITY CLERK APPROVED AS TO FORM: ___________________________ RICHARD TAYLOR CITY ATTORNEY 49 1 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati, Asst. Planner DIRECTOR: John F. Livingstone, AICP SUBJECT: Change in previously approved Independent Contractor Agreement with LSA Associates for Environmental Consultant Services RECOMMENDED ACTION: Authorize technical changes in the contractual agreement with LSA Associates (LSA) to prepare environmental documents for land development applications within the City of Saratoga (City). REPORT SUMMARY: On June 4, 2008, the City Council authorized the City to establish a contractual agreement with LSA for environmental document services. Once approved, the City sent the Standard Contract to LSA for accord and signature. In October 2008, LSA requested changes in the language of the Standard Contract. The changed language provides the City with slightly fewer legal protections than the City’s standard language but is comparable to the approach used by some other public agencies (such as City of Belmont, Livermore, Menlo Park, and Town of Colma). New language has been added to the contract (Attachment 3). A new resolution will not be required. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not have a contractual agreement with an environmental services firm. ALTERNATIVE ACTION: Not authorize the changed contractual agreement. FOLLOW UP ACTION: 50 2 Execute the contract agreement for environmental planning services. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of the Agenda Item was properly posted. ATTACHMENTS: 1. City Council Staff Report – June 4, 2008 2. Environmental Planning Services Contract – First Draft (approved June 4, 2008) 3. Environmental Planning Services Contract – Revised Draft 51 1 SARATOGA CITY COUNCIL MEETING DATE: June 4, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone, AICP SUBJECT: Independent Contractor Agreement with LSA Associates for Environmental Consultant Services and Metropolitan Planning Group, Inc. for Land-Use Planning Consultant Services RECOMMENDED ACTION: 1. Authorize the City Manager to execute an agreement with LSA Associates (LSA) to prepare environmental documents for land development applications within the City of Saratoga (City). The agreement would include a three year contract with an option of two additional years of service if approved by the City Council. 2. Authorize the City Manager to execute an agreement with Metropolitan Planning Group (M- Group) for land-use planning consultant services within the City. The agreement would include a three year contract with an option of two additional years of service if approved by the City Council. REPORT SUMMARY: In past years, the City has utilized environmental and land-use planning consultants for a variety of development projects, on a contractual basis. Environmental services include preparation of environmental assessments and documents required by California Environmental Quality Act (CEQA), including Initial Studies, Negative Declarations, Mitigated Negative Declarations, and Environmental Impact Reports. Land-use planning services include processing and reviewing development permits, such as Administrative Design Review and Planning Commission Design Review projects. Contracts with consultants are currently drafted with one year expiration dates. The following report discusses the option to prequalify and establish contractual agreements with professional environmental and planning consultants. These agreements would include a three year contract with an option of two additional years of service. The proposed method of having consultants prequalified will save the City time and possibly money. Furthermore, Staff believes offering contracts for longer durations will lure more competitive bids for consultant services. There is also a benefit to having a firm working on several projects with the City over time, gaining experience with the community. 52 2 CURRENT PROCESS: In order to process applications that require an environmental review, City Staff must execute a Request for Proposal (RFP) for environmental consultant services. Environmental consultant service contracts are awarded on a “case-by-case” basis. The RFP process includes a minimum two weeks to prepare the RFP, one month to advertise the RFP, two weeks to review submitted proposals, and one month for City Council to approve the execution of a contract. This RFP process can add a minimum of two to three months to a project timeline. Similar to the environmental consultant RFP, planning consultant contracts are awarded through the same process. Rather than a “case-by-case” basis, planning consultant contracts are awarded annually. The proposed process would eliminate this and save the applicant time. PROPOSED PROCESS: With the aim of attracting more competitive proposals while decreasing staff time dedicated to drafting RFPs for future projects, Staff recommends obtaining environmental and land-use planning consultant services for longer periods, such as three to five years. The City solicited proposals from private firms for environmental and land-use planning services. The City requested proposals from twelve environmental and eleven land-use planning consultants. The solicitation was drafted as an RFP. The RFP included a scope of work, detailing the City’s projected workload for the next three to five years. All services requested would be on an “as- needed” basis, dependent on development applications received by the City. As of May 22, 2008, the City received six proposals from environmental and five proposals from land-use planning firms. City staff reviewed all proposals in detail and rated them on the following parameters: • Cost • Location • Scope of Work • Qualifications • Experience • Service Based on review and discussion within the Community Development Department, using parameters addressed on the attached matrix (ATTACHMENT 4), LSA was chosen as the environmental consultant and M-Group as the land-use planning consultant. Contracts with LSA and M-Group would be valid for three years with the option of extension for additional two years, per City Council approval at a subsequent City Council meeting. 53 3 FISCAL IMPACTS: In the contract for environmental consultant services, the consultant will perform work on a time and materials basis, at the discretion of the Community Development Director. The consultant will be utilized on development projects requiring a more thorough environmental analysis above the requirements of categorical exemptions allowed by CEQA. All environmental services will be charged directly to the applicant, without the need for supplemental City funding. Land-use planning consultant services are used on an “as-needed” basis to supplement the City’s Development Review practice of processing planning applications in a timely manner. Application fees are based upon hourly costs for these services which incorporates average staff and consultant hourly billing rates. Funds are budgeted for these services on an ongoing basis each year, with the expenses incurred directly correlating to Development Review Fee revenues. Fifty-Two Thousand Five Hundred Dollars ($52,500) is budgeted for these services for FY 2008/09. Complex projects which would be in addition to the $52,500 budget would be charged directly to the applicant on a time and materials basis, the same as the environmental consultant services. Although contractual agreements will be completed, funding will be appropriated in future year budgets for both environmental and planning consultants, on an “as-needed” basis. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Without contract planning services, the City will have difficulty completing essential planning and development functions in a timely manner. ALTERNATIVE ACTION: Consider using existing staff for all planning services directly related to the City. This could lead to a significant time constraints on existing and future environmental and land-use planning project submittals and difficulty meeting the Permit Streamlining Act. FOLLOW UP ACTION: Execute the contract agreement for both environmental and land-use planning services. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of the Agenda Item was properly posted. 54 4 ATTACHMENTS: 1. Resolution 2. Environmental Planning Services Contract 3. Land-Use Planning Services Contract 4. Environmental and Land-Use Planning Matrix 5. LSA Proposal 6. M-Group Proposal 55 CITY OF SARATOGA STANDARD INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and LSA Associates, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on June 1, 2008, and extends through June 30, 2011 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 56 City of Saratoga/Standard Contract Agreement Page 2 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Mary Furey, ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under no 57 City of Saratoga/Standard Contract Agreement Page 3 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Judith H. Malamut, AICP LSA Associates, Inc. 2215 Fifth Street Berkeley, CA 94710 Notices to City shall be sent to: Michael Fossati City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 58 City of Saratoga/Standard Contract Agreement Page 4 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc CONTRACTOR: By: ________________________________ Date: _________________ Print Name: _________________________ Position: ____________________________ CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________ Name: _______________________________ Title: _______________________________ APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By:_______________________________ Date: __________________ Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements 59 City of Saratoga/Standard Contract Agreement Page 5 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc EXHIBIT A SCOPE OF WORK Provide environmental planning services as assigned by Community Development Director. 60 City of Saratoga/Standard Contract Agreement Page 6 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc EXHIBIT B PAYMENT 1. TOTAL COMPENSATION Consultant services would be requested on an “as needed basis” to assist staff therefore the City shall pay Contractor based on time and materials in accordance with the hourly rates set forth below. For each project undertaken pursuant to this agreement City and Contractor shall develop and agree to a scope of work and a total project cost which shall be approved by the Community Development Director. The total cost of any project may not exceed that authorized by the Community Development Director. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 5. BILLING RATES City shall make payments, based on such rates as demonstrated below. Principal Planner $155/hour Senior Planner $150/hour Associate Planner $115/hour Planner $90/hour Assistant Planner $75/hour Senior Biologist $95/hour Senior Wildlife Biologist $85/hour Botanist/Arborist $80/hour 61 City of Saratoga/Standard Contract Agreement Page 7 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc Senior AQ/Noise Planner $120/hour AQ/Noise Analyst $90/hour Principal/Cultural $155/hour Cultural Resource Manager $70/hour 62 City of Saratoga/Standard Contract Agreement Page 8 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 63 City of Saratoga/Standard Contract Agreement Page 9 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 64 City of Saratoga/Standard Contract Agreement Page 10 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an 65 City of Saratoga/Standard Contract Agreement Page 11 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 66 City of Saratoga/Standard Contract Agreement Page 12 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the 67 City of Saratoga/Standard Contract Agreement Page 13 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. ______________________________ Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. 68 City of Saratoga/Standard Contract Agreement Page 14 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc a. Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind whatsoever without restriction or limitation, incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part, to the performance of this Agreement. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Limitation on Indemnity. Without affecting the rights of City under any provision of this agreement or this section, Contractor shall not be required to indemnify and hold harmless City as set forth above for liability attributable to the sole fault of City, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been solely at fault and not in instances where Contractor is solely or partially at fault or in instances where City's fault accounts for only a percentage of the liability involved. In those instances, the obligation of Contractor will be all-inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City. c. Acknowledgement. Contractor acknowledges that its obligation pursuant to this section extends to liability attributable to City, if that liability is less than the sole fault of City. Contractor has no obligation under this agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of City. d. Scope of Contractor Obligation. The obligations of Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. e. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. f. In General. Failure of City to monitor compliance with these 69 City of Saratoga/Standard Contract Agreement Page 15 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure by City to seek any remedy for any default 70 City of Saratoga/Standard Contract Agreement Page 16 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non-binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement 71 City of Saratoga/Standard Contract Agreement Page 17 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 72 City of Saratoga/Standard Contract Agreement Page 18 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage 73 City of Saratoga/Standard Contract Agreement Page 19 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional/Errors and Omissions Liability with coverage as indicated: $1,000,000 per loss/ $2,000,000 aggregate ___ $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to 74 City of Saratoga/Standard Contract Agreement Page 20 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." ___ All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) 75 City of Saratoga/Standard Contract Agreement Page 21 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 2 - Standard Contract.doc days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 76 CITY OF SARATOGA INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"), and LSA Associates, Inc., ("Contractor"), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ("Scope of Work"). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga. 2. TERM The term of this Agreement commences on June 1, 2008, and extends through June 30, 2011 or the completion of the project, whichever occurs first, unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ("Payment"). The payments specified in Exhibit B shall be the 77 City of Saratoga/Standard Contract Agreement Page 2 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT Except as set forth in Exhibit C ("Facilities and Equipment"), Contractor shall, at its sole cost and expense, furnish all facilities and equipment, which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 5. GENERAL PROVISIONS City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ("General Provisions"). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION This Agreement shall be administered on behalf of City by Mary Furey, ("Administrator"). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES All notices or communication concerning a party's compliance with the terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via telefacsimile. However, under 78 City of Saratoga/Standard Contract Agreement Page 3 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Judith H. Malamut, AICP LSA Associates, Inc. 2215 Fifth Street Berkeley, CA 94710 Notices to City shall be sent to: Michael Fossati City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 79 City of Saratoga/Standard Contract Agreement Page 4 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: ________________________________ Date: _________________ Print Name: _________________________ Position: ____________________________ CITY OF SARATOGA, a municipal corporation By: __________________________________ Date: __________________ Name: _______________________________ Title: _______________________________ APPROVED AS TO FORM: By:_______________________________ Date:___________________ City Attorney APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By:_______________________________ Date: __________________ Administrative Services Director Attachments Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements 80 City of Saratoga/Standard Contract Agreement Page 5 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc EXHIBIT A SCOPE OF WORK Provide environmental planning services as assigned by Community Development Director. 81 City of Saratoga/Standard Contract Agreement Page 6 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc EXHIBIT B PAYMENT 1. TOTAL COMPENSATION Consultant services would be requested on an “as needed basis” to assist staff therefore the City shall pay Contractor based on time and materials in accordance with the hourly rates set forth below. For each project undertaken pursuant to this agreement City and Contractor shall develop and agree to a scope of work and a total project cost which shall be approved by the Community Development Director. The total cost of any project may not exceed that authorized by the Community Development Director. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this period, and the remaining balance available for all remaining billing periods. 3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred by Contractor except as specified in Exhibit A to this Agreement. 5. BILLING RATES City shall make payments, based on such rates as demonstrated below. Principal Planner $155/hour Senior Planner $150/hour Associate Planner $115/hour Planner $90/hour Assistant Planner $75/hour Senior Biologist $95/hour Senior Wildlife Biologist $85/hour 82 City of Saratoga/Standard Contract Agreement Page 7 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc Botanist/Arborist $80/hour Senior AQ/Noise Planner $120/hour AQ/Noise Analyst $90/hour Principal/Cultural $155/hour Cultural Resource Manager $70/hour 83 City of Saratoga/Standard Contract Agreement Page 8 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc EXHIBIT C FACILITIES AND EQUIPMENT City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. 84 City of Saratoga/Standard Contract Agreement Page 9 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and professional manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME Contractor shall devote such time to the Scope of Work pursuant to this Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. Contractor is not responsible for delays beyond Contractor’s reasonable control. 4. CONTRACTOR NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall 85 City of Saratoga/Standard Contract Agreement Page 10 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 5. BENEFITS AND TAXES Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Contractor shall, immediately upon receiving notice from city of such desire of City, cause the removal of such person or persons. b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 86 City of Saratoga/Standard Contract Agreement Page 11 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc 8. CONFLICT OF INTEREST a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS a. In General. Contractor shall use due professional care to observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, (including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession and is a design professional as that term is defined in Civil Code section 2782.8. Contractor represents and warrants to City that Contractor shall, at its sole 87 City of Saratoga/Standard Contract Agreement Page 12 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. City shall inform Contractor of any fiscal assistance requirements at or before the time that those requirements take effect. d. Drug-free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. e. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non-merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS a. Property of City. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon 88 City of Saratoga/Standard Contract Agreement Page 13 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc termination of this Agreement and following payment of all amounts due to Contractor pursuant to this Agreement. b. Retention of Records. Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. c. Use Of Recycled Products. Contractor shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. d. Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility" as per the sample below. ______________________________ Seal and Signature of Registered Professional with report/design responsibility. 11. CONFIDENTIAL INFORMATION Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is 89 City of Saratoga/Standard Contract Agreement Page 14 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or caused by the active or passive negligence of the Contractor or of any subcontractor. 13. INDEMNIFICATION Contractor and City agree that City, its employees, agents and officials shall, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Contractor acknowledges that City would not enter into this agreement in the absence of the commitment of Contractor to indemnify and protect City as set forth below. a. Indemnity. To the fullest extent allowed by law, Contractor shall defend, indemnify and hold harmless the City, its elected and appointed officials, employees and agents, from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs, resulting from injury to or death sustained by any person (including Contractor's employees and subcontractors), or damage to property of any kind, or any other injury or damage whatsoever, which injury, death or damage arises out of or is in any way connected with the performance of the Work, regardless of the Contractor’s fault or negligence, including any of the same resulting from City’s alleged or actual negligent act or omission, or its agents, contractors or employees; except that said indemnity shall not be applicable to injury, death or damage to property arising from the sole or active negligence or willful misconduct of City, its constituent entities, its and their officers, agents, or servants who are directly responsible to City. This indemnification shall extend to claims asserted after termination of this Contract for whatever reason. All obligations under this provision are to be paid by Contractor as they are incurred by the City. b. Scope of Contractor Obligation. The obligations of 90 City of Saratoga/Standard Contract Agreement Page 15 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc Contractor under this or any other provision of this Agreement will not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its employees and officials. c. Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. d. In General. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this agreement or this section. By execution of this Agreement, Contractor acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. City approval of the insurance contracts required by this Agreement does not relieve the Contractor or subcontractors from liability under this paragraph. 14. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. The cost of such insurance shall be included in the Contractor's bid. 15. DEFAULT AND REMEDIES a. Events of default. Each of the following shall constitute an event of default hereunder: 1. Failure to perform any obligation under this Agreement and failure to cure such breach within twenty-four hours upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 91 City of Saratoga/Standard Contract Agreement Page 16 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and/or special damages to the full extent allowed by law. c. No Waiver. Failure by either party to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION Either party may terminate this Agreement with or without cause by providing 10 days notice in writing to the other party. The City may terminate this Agreement at any time without prior notice in the event that Contractor commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or affect whatsoever and each of the parties hereto shall be relieved and discharged here-from, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to non- binding mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are 92 City of Saratoga/Standard Contract Agreement Page 17 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON-RENEWAL Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. 93 City of Saratoga/Standard Contract Agreement Page 18 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence/$2,000,000 aggregate limits for bodily injury and property damage ___ $ ____________ per occurrence bodily injury/$ ___________ per occurrence property damage ___ Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance ___ If the standard ISO Form wording for "OTHER INSURANCE", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage 94 City of Saratoga/Standard Contract Agreement Page 19 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc ___ $ ____________ per person/$__________ per accident for bodily injury ___ $ ____________ per occurrence for property damage ___ $ 500,000 combined single limit for bodily injury and property damage ___ Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional/Errors and Omissions Liability with coverage as indicated: $1,000,000 per loss/ $2,000,000 aggregate ___ $5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance X Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General/Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. (NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) 95 City of Saratoga/Standard Contract Agreement Page 20 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non-payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: ". . . endeavor to . . ." AND ". . . but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." ___ All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: a. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 96 City of Saratoga/Standard Contract Agreement Page 21 of 21 P:\Michael\Enviro and Planning Contracts\FINAL REPORT_2nd CC\Attachment 3 - Standard Contract LSA (12-09-08).doc 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A: VII 97 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DEPT HEAD: John Cherbone Public Works Director SUBJECT: Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 09-10 RECOMMENDED ACTION: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 09- 10 2. Move to adopt the Resolution of Intention REPORT SUMMARY: Attached are the next two Resolutions to continue the process for renewing the Landscaping and Lighting Assessment District LLA-1 for FY 09-10. Briefly, the two Resolutions are: 1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Year 2009-2010 - This is the Resolution required under the State Streets & Highways Code (S&H) section 22623 which grants preliminary approval of the Engineer's Report for the renewal of the District for FY 09-10. 2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year 2009- 2010 - This is the Resolution required under S&H 22624 which, among other things, fixes the date and time for the Public Hearing on June 3rd. These Resolutions should be adopted by separate vote at your meeting to continue the process of renewing the District for another year. There are no increases in the parcel assessments, which would require an assessment district election for any of the Zones within the District in FY 09-10. The Engineer’s Report is attached summarizing the proposed assessments for FY 09-10. FISCAL IMPACTS: All of the costs associated with the District are recovered via the assessments. 98 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The Resolutions would not be adopted and the process for renewing the District would not continue. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The Resolution of Intention will be published. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional at this time. ATTACHMENTS: 1. Resolutions (2). 2. Engineer’s Report. 99 1 RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA1 FISCAL YEAR 20092010 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No. 09008, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 20092010", for City of Saratoga Landscaping and Lighting District LLA1, adopted on February 18, 2009, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 09008, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 20092010 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA1," the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district and 100 2 any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 3rd day of June, 2009, at the hour of 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 8681241. * * * * * Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 15th day of April, 2009, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Chuck Page, Mayor Attest: City of Saratoga Ann Sullivan, City Clerk 101 Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. 102 1 RESOLUTION NO. A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 FISCAL YEAR 2009-2010 RESOLVED, by the City Council of the City of Saratoga, California as follows: WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 18th day of February, 2009, said Council did adopt its Resolution No. 09-008, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2009-2010", for the City of Saratoga Landscaping and Lighting District LLA-1, in said City and did refer the proposed improvements to the Engineer of the City and did therein direct said Engineer to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described: WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing as called for in said Resolution No. 09-008 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they are hereby preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 09-008 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved. 103 2 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment district in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 09-008. * * * * Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 15th day of April, 2009 by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Chuck Page, Mayor ATTEST: City of Saratoga Ann Sullivan, City Clerk 104 CITY OF SARATOGA LANDSCAPE AND LIGHTING DISTRICT LLA-1 ENGINEER'S REPORT on the Levy of an Assessment for the 2009-2010 Fiscal Year April 2009 JOHN H. HEINDEL - CONSULTING CIVIL ENGINEER ENGINEER OF WORK 105 TABLE OF CONTENTS Pages Assessment & Cost Summary 1-3 Rules for Spreading Assessment 4-5 Description of Improvements 6-8 Cost Detail 9-13 Assessment Roll Assessment Diagram Certificates 106 CITY OF SARATOGA LANDSCAPING AND LIGHTING DISTRICT LLA-1 A S S E S S M E N T for Fiscal Year 2009-2010 ______________________________________ WHEREAS, on February 18, 2009, the City Council of the City of Saratoga, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution No. 09-008 describing improvements and directing preparation of the Engineer's Report for Fiscal year 2009-2010, more particularly therein described, and WHEREAS, said Resolution No. 09-008 directed the Engineer of Work to prepare and file a report presenting plans and specifications for the proposed improvements, an estimate of costs, a diagram of the assessment district, and an assessment of the estimated costs of the improvements upon all assessable lots or parcels of land within the assessment district, to which Resolution reference is hereby made for further particulars, NOW, THEREFORE, I, John H. Heindel, by virtue of the power vested in me under said Act and the order of the City Council of said City of Saratoga, hereby make the following assessment to cover the portion of the estimated cost of said improvements, including the maintenance and servicing thereof and the costs and expenses incidental thereto, to be paid by the assessment district for the Fiscal Year 2009- 2010: ENGINEER'S ESTIMATE SUMMARY* ADMINISTRATIVE COSTS Wages & benefits $ 15,015 Attorney 500 Assessment engineer 8,850 Other 300 $ 24,665 OPERATIONS Wages & benefits $ 60,274 Contract Services 238,000 Repair services -0- Maintenance services 66,128 Irrigation water 39,350 Electric power 72,525 476,277 INDIRECT COSTS 50,119 Total costs $551,061 Previous year carryover (356,409) 107 Estimated property tax revenue (158,467) Net cost $ 36,185 Carryover not recovered (15,591) Carryover not reimbursed 248,838 Assessment $ 269,432 SUMMARY OF ASSESSMENT BY ZONE* As Preliminarily Approved As Confirmed Zone No. Total Per Parcel Total Per Parcel 1 $ 3,315 114.32 $ $ 2 7,213 84.86 3 17,993 102.24 4 -0- 0.00 5 -0- 0.00 6 8,150 127.34 7A -0- 0.00 7B -0- 0.00 9 11,026 229.70 10 2,586 287.34 11 17,791 71.16 12 3,837 426.32 15 5,219 127.30 16 8,421 153.10 17 18,461 92.30 22 39,354 45.60 24 -0- N/A 25 8,316 554.36 26 65,949 701.58 27 7,189 231.09 28 9,889 618.06 29 9,854 161.54 31 9,551 183.68 32 11,977 6.40** 33 3,341 167.06 Total $269,432 $ * See Cost Detail herein for breakdown ** Plus $12.00 per front foot -2- 108 And I do hereby assess and apportion said portion of the estimated cost of the improvements, including the maintenance and servicing thereof and the costs and expenses incidental thereto, upon the several lots or parcels of land liable therefor and benefited thereby, and hereinafter numbered to correspond with the numbers upon the attached diagram, upon each, severally and respectively, in proportion to the benefits to be received by such property, respectively, from the construction and installation of the improvements, and from the maintenance and servicing thereof, and more particularly set forth in the Assessment Roll hereto attached and by this reference made a part hereof. As required by said Act, a diagram is hereto attached showing the assessment district, and also the boundaries and dimensions of the respective lots or parcels of land within said assessment district, as the same existed at the time of the passage of said Resolution No. 09-008. The diagram and assessment numbers appearing in the Assessment Roll herein under the column headed "A.P.N." are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. I hereby place in the Assessment Roll, opposite the number of each lot or parcel of land assessed, the amount assessed thereon. Each lot or parcel of land is described in said Assessment Roll by reference to its parcel number as shown on the assessor's maps of the County of Santa Clara for the Fiscal Year 2009- 2010, and includes all of such parcel. Respectfully submitted, Dated: _____________________, 2009 ______________________________ John H. Heindel, RCE 13319 Engineer of Work -3- 109 RULES FOR SPREADING ASSESSMENT The amounts to be assessed against the assessable lots or parcels of land to pay the estimated cost of the improvements, including the maintenance and servicing thereof and the costs and expenses incidental thereto, shall be based upon the estimated benefits to be derived by the various lots or parcels of land within the assessment district. The assessment for administrative costs shall be spread equally to all of the lots or parcels of land located in the assessment district. The assessment for cost of improvements, including the maintenance and servicing thereof, in Zones 1 through 7B, 9 through 12, 15 through 17, 22, 25 through 29, 31, and 33, as described in Resolution No. 09-008, shall be spread equally to all of the lots or parcels of land located within each said respective zone of the assessment district. The assessment for cost of improvements, including the maintenance and servicing thereof, in Zone 24, as described in Resolution No. 09-008, shall be spread as follows: Costs related to street lights and street trees shall be spread to all the lots or parcels of land located within said zone, proportional to usable parcel area. Costs related to the Village Parking District (VPD) parking lots shall be spread to all the lots or parcels of land in commercial use located within said zone, proportional to the number of parking spaces existing in the VPD parking lots that are assigned to each parcel within said zone, rounded to the nearest one tenth (0.1) of a parking space. Spaces shall be assigned by adding the total number of spaces in the VPD parking lots and the total private spaces existing on assessable parcels, distributing this sum proportionally by weighted building area, and deducting the number of private spaces, if any, from the resulting number for each parcel. Weighted building area shall be defined as actual building area multiplied by a factor dependent on parcel use, as follows: Retail = 1.0; office/service = 0.5; restaurant = 2.0. The assessment for cost of improvements, including the maintenance and servicing thereof, in Zone 32, as described in Resolution No. 09-008, shall be spread proportionally to the frontage on Saratoga-Sunnyvale Road of each of the lots or parcels of land located and benefited within Zone 32. Zones 0, 8, 13, 14, 18 through 21, 23, and 30 have been either detached or merged with other zones. A portion of Zone 4 was redesignated Zone 26 in 1997. Notwithstanding the above, the assessment levied for Fiscal Year 1999-2000 for each parcel in Zones 2, 3, 6, 11, 16, 22, 25, 26, and 29 shall not exceed the amount indicated in Table 1 attached hereto; the assessment levied for Fiscal Year 2000-2001 for each parcel in Zones 1, 9, 12, 17, 27, and 28, shall not exceed the amount indicated in Table 2 attached hereto; the assessment levied for Fiscal Year 2004-2005 for each parcel in Zone 32 shall not exceed the amount indicated in Table 3 attached hereto; and the assessment levied for Fiscal Year 2008-2009 for each parcel in Zones 31 and 33 shall not exceed the amount indicated in Table 4 attached hereto. In subsequent years, the maximum assessment for each parcel shall be the amount calculated by multiplying its maximum assessment for the previous year by 1.05. -4- 110 TABLE 1 - MAXIMUM ASSESSMENTS FISCAL YEAR FISCAL YEAR ZONE 1999-2000 2009-2010 2 $ 52.50 $ 85.52 3 $ 63.00 $102.62 6 $ 78.75 $128.28 11 $ 52.50 $ 85.52 16 $ 94.50 $153.93 22 $ 52.50 $ 85.52 25 $341.25 $555.86 26 $498.75 $812.41 29 $100.00 $162.89 TABLE 2 - MAXIMUM ASSESSMENTS FISCAL YEAR FISCAL YEAR ZONE 2000-2001 2009-2010 1 $ 75.00 $116.35 9 $180.00 $279.24 12 $275.00 $426.62 17 $ 60.00 $ 93.08 27 $150.00 $232.70 28 $400.00 $620.53 TABLE 3 - MAXIMUM ASSESSMENTS – ZONE 32 FRONT FISCAL YEAR FISCAL YEAR A. P. N. FEET 2004-2005 2009-2010 366-12-054 110 $ 1,052.16 $ 1,342.85 366-12-065 118 $ 1,125.66 $ 1,436.66 366-12-066 160 $ 1,511.48 $ 1,929.07 366-22-023 149 $ 1,410.44 $ 1,800.12 386-30-035 106 $ 1,015.42 $ 1,295.96 386-30-036 -0- $ 41.66 $ 53.17 386-30-037 50 $ 500.98 $ 639.39 386-30-038 50 $ 500.98 $ 639.09 386-30-039 100 $ 960.30 $ 1,225.61 386-52-032 75 $ 730.64 $ 932.50 386-52-033 75 $ 730.64 $ 932.50 993 TABLE 4 - MAXIMUM ASSESSMENTS FISCAL YEAR FISCAL YEAR ZONE 2008-2009 2009-2010 31 $175.00 $183.75 33 $160.00 $168.00 -5- 111 DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof; providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. This work specially benefits the parcels assessed therefor since 1) the work is adjacent to the neighborhoods within which said parcels are located, and results in a) helping to identify, distinguish and enhance these neighborhoods, including the entrances thereto; b) helping to improve the quality of life in these neighborhoods by reducing the potential for graffiti, eliminating dust and litter, providing sound attenuation, eliminating the potential for blight, and providing added security and safety through lighting and an added City presence; and 2) in the absence of this assessment district, the work and improvements would not be otherwise accomplished by the City. Benefits Provided within Each Zone: Zone 1 (Manor Drive Landscape District) - Provides for landscape maintenance of the Manor Drive median and Saratoga-Sunnyvale Road frontage along Tract 3822. Zone 2 (Fredericksburg Landscape District) - Provides for landscape maintenance along the Cox Avenue frontage of Tracts 3777, 4041 and 4042. Zone 3 (Greenbriar Landscape District) - Provides for landscape maintenance of the Seagull Way entrance to Tracts 4628, 4725 and 4726, and of the common areas along Goleta Avenue and Guava Court. Zone 4 (Quito Lighting District) - Provides for streetlighting and landscape maintenance in the El Quito Park residential neighborhood: Tracts 669, 708, 748, 6785, 7833, and 8700. Zone 5 (Azule Lighting District) - Provides for streetlighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1111, and 1800. Zone 6 (Sarahills Lighting District) - Provides for streetlighting in the Sarahills residential neighborhood: Tracts 3392 and 3439. Zone 7 (Village Lighting District) - Provides for streetlighting in four separate residential neighborhoods surrounding Saratoga Village, and in Saratoga Village. Includes all or a portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2, McCartysville, Saratoga Park, Williams, and Tracts 270, 336, 416, 2399, 2502, 4477, 5350, 5377, 5503, 5676, 6419, and 6731, and Saratoga Village. -6- 112 Zone 9 (McCartysville Landscape District) - Provides for Landscape maintenance along the Saratoga-Sunnyvale Road frontage of Tract 5944. Zone 10 (Tricia Woods Landscape District) - Provides for landscape maintenance along the Saratoga-Sunnyvale Road frontage of Tract 7495. (Maintenance and water shared with Zone 27). Zone 11 (Arroyo de Saratoga Landscape District) - Provides for landscape maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835, 3036, and 4344. Zone 12 (Leutar Court Landscape District) - Provides for landscape maintenance of the Leutar Court frontage in Tract 6996. Zone 15 (Bonnet Way Landscape District) - Provides for monthly landscape maintenance along Bonnet Way: Tract 5462. Zone 16 (Beauchamps Landscape District) - Provides for landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision: Tract 7763. Zone 17 (Sunland Park Landscape District) - Provides for landscape maintenance along the Quito Road frontage of Tracts 976 and 977. Zone 22 (Prides Crossing Landscape District) - Provides for periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Titus Avenue, and along Cox Avenue between the Route 85 overcrossing andSaratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938, and 1996). Zone 24 (Village Commercial Landscape District) - Provides for routine maintenance of Village Parking Districts 1-4 and Big Basin Way landscaping. Zone 25 (Saratoga Legends Landscape District) - Provides for landscape maintenance along the Saratoga-Sunnyvale Road frontage of, and pedestrian pathways within, Tract 8896. Zone 26 (Bellgrove Landscape and Lighting District) - Provides for common area landscape maintenance and lighting associated with Tract 8700. Zone 27 (Cunningham Place/Glasgow Court Landscape District) - Provides for landscape maintenance along the Saratoga-Sunnyvale Road frontage of Tracts 6199 and 7928. (Maintenance and water shared with Zone 10). Zone 28 (Kerwin Ranch Landscape District) - Provides for landscape maintenance along the Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560. Zone 29 (Tollgate Landscape and Lighting District) - Provides for maintenance of the common area landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946 and 5001. -7- 113 Zone 31 (Horseshoe Drive Landscape and Lighting District) - Provides for landscape maintenance along the Saratoga-Los Gatos Road frontage of Tract 247. Zone 32 (Gateway Landscape and Lighting District) - Provides for maintenance of frontage landscaping along Saratoga-Sunnyvale Road between Prospect Road and the Union Pacific railroad tracks. Zone 33 (Carnelian Glen Landscape and Lighting District) – Provides for maintenance of landscaping along the Saratoga-Los Gatos Road frontage of APNs 397-21-031 and 397-37- 015. -8- 114 COST DETAIL Zone Number 1 2 3 4 5 Administration $ 185 $ 543 $ 1,125 $ 4,461 $ 767 Operations Wages $ 517 1,517 $ 3,140 $ $ Contract Services 2,900 3,300 12,100 19,500 50,000 Repairs Maintenance 1,920 1,584 4,872 1,980 Water 400 250 1,250 Electric ______ ______ ______ 17,600 3,500 $ 5,737 $ 6,651 $ 21,362 $ 39,080 $ 53,500 Indirect Costs 593 719 2,249 4,354 5,427 Total Costs $ 6,515 $ 7,913 $ 24,736 $ 47,895 $ 59,694 Carryover (5,385) (2,083) (4,243) (57,250) (151,672) Property Tax (3,200) (700) (4,500) (45,000) (23,000) Net cost $ (2,070) 5,130 $ 15,993 $(54,355) $(114,978) C'over not recov. C'over not reimb. 5,385 2,083 2,000 54,355 114,978 Net assess. $ 3,315 $ 7,213 $ 17,993 $ -0- $ -0- No. of Parcels 29 85 176 698 120 Assmt./Pcl. $ 114.32 $ 84.86 $ 102.24 $ -0- $ -0- -9- 115 COST DETAIL Zone Number 6 7A 7B 9 10 Administration $ 409 $ 3,106 $ 1,879 $ 307 $ 57 Operations Wages $ $ 5,269 $ $ 856 $ 161 Contract Services 3,000 35,000 5,000 Repairs Maintenance 5,000 2,160 540 Water 1,500 450 Electric 4,000 35,000 ______ 200 75 $ 7,000 $ 80,269 $ -0- $ 9,716 $ 1,226 Indirect Costs 741 8,338 188 1,003 128 Total Costs $ 8,150 $ 91,713 $ 2,067 $ 11,026 1,411 Carryover (5,527) (45,299) (13,165) 1,150 Property Tax _______ (50,000) (2,067) _______ _______ Net cost $ 2,623 $ (3,586) $ -0- $ (2,139) $ 2,561 C'over not recov. C'over not reimb. 5,527 3,586 13,165 ___25 Net assess. $ 8,150 $ -0- $ -0- $ 11,026 $ 2,586 No. of Parcels 64 486 294 48 9 Assmt./Pcl. $ 127.34 $ -0- $ -0- $ 229.70 $ 287.34 -10- 116 COST DETAIL Zone Number 11 12 15 16 17 Administration $ 1,598 $ 58 $ 262 $ 352 $ 1,278 Operations Wages $ 4,460 $ 161 $ 732 $ 981 $ 3,569 Contract Services 25,000 1,900 3,300 8,000 Repairs Maintenance 1,020 1,020 1,620 1,020 2,436 Water 500 350 1,100 650 1,500 Electric _______ _______ _______ 500 _______ $ 30,980 $ 3,431 $ 3,452 $ 6,451 $ 15,505 Indirect Costs 3,258 348 371 680 1,678 Total Costs $ 35,836 $ 3,837 $ 4,085 $ 7,483 $ 18,461 Carryover (23,045) (3,299) 2,886 938 (5,414) Property Tax ______ _______ _______ ______ ______ Net cost $ 12,791 $ 538 $ 6,971 $ 8,421 $ 13,047 C'over not recov. (1,752) C'over not reimb. 5,000 3,299 _______ _______ 5,414 Net assess. $ 17,791 $ 3,837 $ 5,219 $ 8,421 $ 18,461 No. of Parcels 250 9 41 55 200 Assmt./Pcl. $ 71.16 $426.32 $ 127.30 $ 153.10 $ 92.30 -11- 117 COST DETAIL Zone Number 22 24 25 26 27 Administration $ 5,516 $ 844 $ 96 $ 601 $ 198 Operations Wages $ 15,398 $ 18,161 $ 268 $ 1,677 $ 553 Contract Services 30,000 9,500 3,200 15,000 2,400 Repairs Maintenance 5,376 1,896 19,176 1,800 Water 1,500 3,500 2,000 16,000 1,500 Electric 700 ______ 100 7,500 75 $ 52,974 $ 31,161 $ 7,464 $ 59,353 $ 6,328 Indirect Costs 5,849 3,200 756 5,995 653 Total Costs $ 64,339 $ 35,205 $ 8,316 $ 65,949 $ 7,179 Carryover (34,985) (7,394) (3,976) (6,966) (5,060) Property Tax _______ (30,000) _______ _______ _______ Net cost $ 29,354 $ (2,189) $ 4,340 $ 58,983 $ 2,119 C'over not recov. C'over not reimb. 10,000 2,189 3,976 __6,966 5,070 Net assess. $ 39,354 $ -0- $ 8,316 $ 65,949 $ 7,189 No. of Parcels 863 132 15 94 31 Assmt./Pcl. $ 45.60 $ -0- $ 554.36 $701.58 $ 231.90 -12- 118 COST DETAIL Zone Number 28 29 31 32 33 . Administration $ 102 $ 390 $ 332 $ 71 128 Operations Wages $ 285 $ 1,088 $ 928 $ 196 $ 357 Contract Services 2,350 4,300 1,000 1,250 Repairs Maintenance 3,732 1,080 3,840 2,436 1,620 Water 2,000 500 1,400 2,500 500 Electric 75 1,600 100 1,500 _______ $ 8,442 $ 8,568 $ 7,268 $ 7,882 $ 2,477 Indirect Costs 855 896 760 820 260 Total Costs $ 9,399 $ 9,854 $ 8,360 $ 8,773 $ 2,865 Carryover 490 (5,820) 12,441 5,793 476 Property Tax _______ _______ ______ _______ ______ Net cost $ 9,889 $ 4,034 $ 20,801 $ 14,566 $ 3,341 C'over not recov. (11,250) (2,589) C'over not reimb. 5,820 _______ ______ Net assess. $ 9,889 $ 9,854 $ 9,551 $ 11,977 $ 3,341 No. of Parcels 16 61 52 11 20 No. of Front Feet 993 Assmt./Pcl. $ 618.06 $ 161.54 $ 183.68 $ 6.40 $ 167.06 Assmt./front foot $ 12.00 -13- 119 I, Ann Sullivan, the City Clerk of the City of Saratoga, hereby certify that the foregoing assessments, in the amounts set forth in the column headed "Assessments as Preliminarily Approved", with the diagram thereto attached, was filed with me on _____________________________, 2009 ______________________________ Ann Sullivan I, John H. Heindel, the Engineer of Work for the City of Saratoga, hereby certify that the foregoing assessments, in the amounts set forth in the column headed "Assessments as Preliminarily Approved", have been recomputed in accordance with the order of the City Council of said City of Saratoga as expressed by Resolution No. 09-0 , duly adopted by said City Council on __________________, 2009, said recomputed assessments being the amounts set forth in the column headed "Assessments as Finally Confirmed"; provided, however, if the column headed "Assessments as Finally Confirmed" is blank, the figures in the column headed "Assessments as Preliminarily Approved" were confirmed without change. Dated _____________________, 2009 ______________________________ John H. Heindel, RCE 13319 I, Ann Sullivan, the City Clerk of the City of Saratoga, hereby certify that the foregoing assessments, in the amounts set forth in the Column headed "Assessments as Finally Confirmed" (unless said column is blank, in which event the amounts in the column headed "Assessments as Preliminarily Approved" apply), with the diagram thereto attached, was approved and confirmed by the City Council of said City of Saratoga on ____________________, 2009. ______________________________ Ann Sullivan The Assessment and Assessment Diagram were filed in the office of the County Auditor of the County of Santa Clara, California, on ________________________, 2009. ______________________________ County Auditor 120 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan, AICP DIRECTOR: John Livingstone, AICP SUBJECT: Landmark Designation for 21000 Big Basin Way (Hakone Gardens) RECOMMENDED ACTION: The Heritage Preservation Commission (HPC) recommends the City Council: (1) Open the public hearing and accept public testimony on the attached Ordinance to designate the subject property as a Historic Landmark; (2) Close the hearing and introduce the attached Ordinance and waive first reading; (3) Direct staff to place the second reading and adoption of the Ordinance on the consent calendar for the next regular Council meeting. BACKGROUND: The Hakone Foundation filed an application requesting that the Hakone Gardens (owned by the City and operated by the Hakone Foundation under a long term lease) be designated as a Historic Landmark. The HPC reviewed this application and background information for a Historic Landmark Designation as part of a regular meeting on February 10, 2009. The Commission, by 6-0 vote, approved a recommendation to the City Council designating the subject property as a Historic Landmark. Hakone Gardens was placed on the City of Saratoga Heritage Resources Inventory in 1988. Article 13-15.010 of the Saratoga Municipal Code states that designation of a property as a Historic Landmark requires recommendation from the Heritage Preservation Commission to the City Council. DISCUSSION: Hakone Gardens is a traditional Japanese garden considered to be the oldest Japanese and Asian estate garden in the Western Hemisphere. In 1916, two San Francisco arts patrons, Oliver and Isabel Stine, purchased the approximately 15-acre site with the intention of building a summer retreat. Mrs. Stine called the estate Hakone because the surrounding area reminded her of time spent at Japan’s Fuju Hakone National Park. The garden was designed and landscaped by Mr. N. Aihara. He was related to the Court Gardeners of the Emperor of Japan. Hakone is a hill and water garden in the strolling pond style that is typical of the Zen gardens of the middle 17th century and is an authentic replica of a Japanese Samurai or Shogun’s estate garden. The Upper (Moon Viewing) House was constructed in 1917 by Mr. T. Shintani. This structure was built without nails or adhesives using “joinery” construction. This method of construction 121 Page 2 of 2 uses pegs, mortises and tenons instead of nails in the old Japanese cabinet-maker style. More buildings with a Japanese architectural style were added in later years by Stine and subsequent owners. In 1966, the City of Saratoga purchased Hakone Gardens, then in disrepair, in order to protect it from the threat of development. The Hakone Foundation, a non-profit organization, was established in 1984 to authentically restore and enhance the gardens independently of public funding. The gardens are open to the public and the various community facilities are often used for cultural events. Hakone Gardens are accessible via a driveway from Big Basin Way. The garden was developed within the sloping terrain inherent to the area, with some features cut into the hillside. On-site facilities include four distinct gardens and several structures. These include the lower house (once the principle residence of the Stine Family) remodeled by the City in 1980 to serve as a community meeting room, a Cultural Exchange Center, and a recently constructed Visitor Center near the front entrance. A paved parking lot is located below the gardens. FISCAL IMPACT: No direct fiscal impacts to the City. Historic Landmark status is necessary for Hakone Gardens to qualify for reimbursement grants from the County of Santa Clara for costs incurred while maintaining and updating existing buildings on the site. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The site would not be designated as a Historic Landmark and the future maintenance and rehabilitation of Hakone Gardens could be jeopardized without the Historic Landmark Designation. ALTERNATIVES: Deny or modify the proposed ordinance. FOLLOW-UP ACTIONS: The City Clerk will finalize the ordinance for adoption at the next City Council meeting, memorializing the decision of the City Council on this matter. ATTACHMENTS: 1. Ordinance approving the property’s landmark status 2. Historic Resources Inventory Information Sheet 3. Affidavit of mailing notices, public notice, and mailing labels 122 ATTACHMENT 1 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF SARATOGA DESIGNATING THE PROPERTY KNOWN AS HAKONE GARDENS AT 21000 BIG BASIN WAY AS A HISTORIC LANDMARK (APN 503-48-030,031; 517-07-026)) The City Council of the City of Saratoga hereby ordains as follows: Section 1-Findings: After careful review and consideration of the report and recommendations of the Heritage Preservation Commission concerning Hakone Gardens located at 21000 Big Basin Way (the “Property”) together with the application prepared by the Hakone Foundation and supporting materials provided by the Foundation and reviewed by staff and the Heritage Preservation Commission, the City Council hereby determines that: § The Property exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation in that Hakone Gardens is a traditional Japanese garden considered to be the oldest Japanese and Asian estate garden in the Western Hemisphere which is a rich cultural link to Saratoga’s history and has been and will continue to be enjoyed by both countless visitors to and citizens of Saratoga. § The Property embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials in that the garden is in form, a hill and water garden in the strolling pond style, typical of the Zen gardens of the middle 17th century. The Upper (Moon Viewing) House was constructed without nails or adhesives of “joinery” construction, using pegs, mortises and tenons, instead of nails and adhesives in the old Japanese cabinet-maker style. § The property is representative of the notable design or craft of a builder, designer, or architect in that the gardens were designed and landscaped by Mr. N. Aihara, a well regarded Japanese landscape architect who was related to the Court Gardeners of the Emperor of Japan. The Upper (Moon Viewing) House was designed and constructed by Mr. T. Shintani with an authentic “joinery” style of construction § The property embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City in that Hakone Gardens has been owned by the City of Saratoga since 1966 and recognized as an important contributor to the City’s Historic Resource Inventory since 1988. The Japanese gardens and authentically designed and constructed Japanese buildings, including the upper (moon viewing) 123 house, four distinct Japanese gardens, the water garden, and several structures, are authentic examples of Japanese landscape and architectural design. The lower house (once the principle residence of the Stine Family) remodeled by the City in 1980 serves as a community meeting room. § The Property embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural, or aesthetic interest or value in that the Hakone Gardens was constructed in 1918 and is a traditional Japanese garden considered to be the oldest Japanese and Asian estate garden in the Western Hemisphere. The garden is constructed in the strolling pond style typical of the Zen garden of the middle 17th century. Section 2 – Designation: The Property is hereby designated as a Historic Landmark pursuant to section 13-15.060 of the Saratoga City Code. Section 3- Publication: This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote following a second reading on the 6th day of May, 2009. AYES: NOES: ABSENT: ABSTAIN: Chuck Page, Mayor ATTEST: Ann Sullivan, City Clerk 124 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, Assistant Planner DIRECTOR: John Livingstone SUBJECT: Consider approval of a negative declaration and introduction of ordinance to (1) extend the waiver of off-street parking requirements in the CH1 and CH2 Zoning Districts, (2) make various clarifying amendments to the Off-Street Parking and Loading Facilities Zoning Regulations, and (3) amend Article 15-90 to conform provisions concerning appeals of Planning Commission decisions with recent amendments to Section 2-05.030 concerning appeals to the City Council. RECOMMENDED ACTION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing, approve the negative declaration, introduce and waive the first reading of the parking waiver extension and other code amendments, and direct staff to schedule this the ordinance for adoption on the consent calendar at the next regularly scheduled City Council meeting. BACKGROUND: A nationwide economic recession has reduced the demand for many retail goods resulting in retail space vacancies in the Village. There is surplus parking capacity in the Village and this capacity can be used to attract new uses to the Village. In 2005, the City held two Study Sessions to consider changes to the downtown Village parking requirements that might stimulate revitalization in the Village. The Study Sessions were attended by Village property owners, business owners, and others interested in the Village. The participants of the study sessions recommended a suspension of the Village parking requirements for a period of 3 to 5 years. In January 2006 the City Council approved an ordinance temporarily relaxing parking requirements in the CH-1 and CH-2 zoning districts until February 28, 2009 or until the surplus floor area (i.e., excess parking capacity) had been allocated. In November 2007 and May 2008, comprehensive parking surveys were completed in the Village. The surveys showed that the Village’s parking demand ranges anywhere from 40 percent to close to 100 percent depending on the location of the parking spaces. The following table shows the businesses that have utilized the parking waiver. Currently, approximately 24,206 square feet of surplus floor area remains. 125 Date Business Square Feet Deducted Square Feet Remaining 07/26/06 Planet Juice 960 40,890 09/13/06 Saratoga Cleaners 2,270 38,620 10/17/06 S. Cloud Barn Basement 1,561 37,059 12/13/06 Blue Rock Shoot Expansion 1,616 35,443 Ristorante Da Mario 175 35,268 07/18/07 Tollgate Mixed UseBldg. 3,628 31,640 09/26/07 Sam Cloud Addition 3,798 27,842 01/28/08 The Daily Method - Exercise Studio 1,134 26,708 10/22/08 The Inn at Saratoga 2,052 24,656 12/10/08 Tea's the Season 450 24,206 On January 7, 2009, the City Council directed staff to prepare amendments to the City Code to extend the time period for waiving off-street parking requirements in the C-H districts for three years or until the surplus floor area has been utilized, whichever comes first. On March 11, 2009 after reviewing the proposed negative declaration the Planning Commission recommended that the City Council approve the attached Code amendments. DISCUSSION: The proposed ordinance is attached. The proposed amendments would: · Extend the existing off-street parking waiver in the C-H Zoning Districts from February 28, 2009 to February 28, 2012. · Replace the existing example for deducting surplus floor area with a more thorough example. · Clarify language used to calculate the parking requirements for uses that increase gross floor area and for uses that do not increase floor area. · Make minor grammatical changes to clarify ambiguous language without changing the intent. · Add subsection titles for ease of reference. · Amend Article 15-90 to conform appeals of Planning Commission decisions with last year’s amendments to Section 2-05.030 concerning appeals to the City Council. ENVIRONMENTAL DETERMINATION: An initial study and a Negative Declaration were prepared for the parking waiver extension and zoning amendments pursuant to the California Environmental Quality Act (CEQA) section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration). A notice regarding the intent to adopt a negative declaration was published in the Saratoga News on February 4, 2009. The comment period for the Negative Declaration took place between February 4, 2009 and March 5th, 2009. No comments have been received regarding the Initial Study or Negative Declaration, as of the writing of this staff report. On March 11, 2009, the Planning Commission determined that the Parking Waiver Extension and Zoning Text Amendments could not have a significant effect of the environment and recommended that the City Council adopt the Negative Declaration. The revisions to the appeal procedure are procedural only and do not require CEQA review. 126 FISCAL IMPACTS: There are no negative fiscal impacts. The parking waiver extension may stimulate business activity in the Village thereby increasing sales tax revenue to the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The existing surplus floor area allocation for off-street parking requirements in the Village will expire, which may decrease incentives for new businesses to locate in Saratoga. Furthermore, ambiguous language in the code will remain difficult to interpret and the Planning Commission appeals procedures will be inconsistent with City Code Section 2-05.030. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: Schedule the ordinance for a second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on March 31, 2009. ATTACHMENTS: A. Planning Commission Resolution B. Proposed Ordinance C. Proposed Resolution Adopting Negative Declaration D. Initial Study E. Negative Declaration 127 RESOLUTION NO. Application No. ZOA 09-0001 CITY OF SARATOGA PLANNING COMMISSION STATE OF CALIFORNIA Recommending Amendments to the Off-Street Parking and Loading Facilities Zoning Regulations and Appeal Procedures in the Saratoga City Code Whereas the City of Saratoga City Council has requested the Planning Commission to consider amendments to the City of Saratoga zoning ordinance that would (1) extend the waiver of off-street parking requirements in the CH1 and CH2 Zoning Districts (“Parking Waiver Extension”), (2) make various clarifying amendments to the Off-Street Parking and Loading Facilities Zoning Regulations, and (3) amend Article 15-90 to conform provisions concerning appeals of Planning Commission decisions with recent amendments to Section 2-05.030 concerning appeals to the City Council; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, an Initial Study and a Notice of Intent to adopt a Negative Declaration for the Parking Waiver Extension were available for public review from February 4, 2009 through March 5, 2009 and no comments were received; and WHEREAS, the Planning Commission has reviewed the Initial Study and Negative Declaration and has determined that this application for a zoning text amendment could not have a significant effect of the environment; and WHEREAS, the Planning Commission has determined that the proposed Zoning Text Amendment is consistent with the goals and policies of the City of Saratoga General Plan in that: General Plan Land Use Element Goal LU 2 states “Encourage the economic viability of Saratoga’s existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas.” The proposed amendment is consistent with Goal LU 2. It is anticipated that relaxing the parking requirements would provide greater flexibility in attracting tenants and/or promote greater investment in individual properties. General Plan Circulation and Scenic Highway Element Goal CI.7.0a states “Provide adequate parking for non-residential uses to minimize intrusion into adjacent neighborhoods”. The proposed amendment is consistent with Goal CI.7.0a in that the proposed amendment relies on a review of current utilization of parking in the Village. General Plan Circulation and Scenic Highway Element Policy CI.7.1 states “Review on- street parking policies and utilization in the Village area”. The proposed amendment is consistent with Policy CI.7.1 and the City’s goals to revitalize the Village. 128 NOW, THEREFORE, the Planning Commission of the City of Saratoga does hereby resolve as follows: A. With respect to the Parking Waiver Extension and the requirements of the California Environmental Quality Act and based on the information in the staff report for this matter the Planning Commission hereby finds and determines that: 1. Notice of the hearing on the Initial Study and Negative Declaration [ND] was given as required by law and the actions were conducted pursuant to CEQA and the CEQA Guidelines; and 2. All Interested Parties desiring to comment on the ND were given the opportunity to submit oral and written comments on the adequacy of the ND prior to this action by the Planning Commission; and 3. No comments were made during the public comment period and all comments made at the public hearings on the ND were responded to adequately; and 4. The Planning Commission was presented with and has reviewed all of the information in the administrative record; and 5. The ND has been completed in compliance with the intent and requirements of CEQA and the CEQA Guidelines, and the ND represents the Planning Commission’s independent judgment. The Planning Commission has considered the information contained in the ND and the record in considering the Zoning Text Amendment; and 6. Based on the entire record of this matter, there is no evidence that the Zoning Text Amendment may have a significant effect on the environment; and 7. The documents constituting the record of proceedings upon which this decision is based are located in the City of Saratoga Department of Community Development and are maintained by the Director of that Department; and 8. There is no evidence before the Planning Department that the proposed project will have any potential for adverse effects on wildlife resources, as defined in Section 711.2 of the Department of Fish and Game Code; and 9. The Planning Commission accordingly recommends that the Saratoga City Council adopt the Negative Declaration. B. With respect to the zoning text amendments and the Parking Waiver Extension and the requirements of the California Environmental Quality Act and based on the information in the staff report for this matter the Planning Commission hereby finds and determines that the clarifying amendments and appeals procedure amendments are exempt under CEQA Guidelines Section 15061(b)(3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the 129 environment, the activity is not subject to CEQA). C. With respect to the proposed Zoning Text Amendment, after careful consideration of all testimony and related information the Planning Commission of the City of Saratoga does hereby recommend that the City Council of the City of Saratoga approve the proposed amendments to Chapter 15 Zoning Regulations of the City Code, in the attached document titled “Proposed Amendments to City of Saratoga Off-Street Parking and Loading Facilities Ordinance and Appeals Procedure”. PASSED AND ADOPTED by the City of Saratoga Planning Commission, State of California, March 11, 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Chair, Planning Commission ATTEST: ___________________________________________ Secretary to the Planning Commission 130 1 ORDINANCE __________ An Ordinance amending the Saratoga Municipal Code to amend and clarify existing provisions of the City Code regarding appeals and off-street parking and loading facilities Findings 1. The City of Saratoga wishes to update the rules and standards applicable to appeals and off- street parking and loading facilities in the City of Saratoga. 2. The Planning Commission of the City of Saratoga considered a range of amendments to the City Code and following a public hearing on March 11, 2009 recommended adoption of this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Articles 15-35 and 15-90 of the Saratoga City Code are hereby amended as set forth in Attachment A. Text to be added is indicated in underlined font (i.e. underlined) and text to be deleted is indicated in strikeout font (i.e. strikeout). Text in standard font remains unchanged. Sections within an Article that are not included in Attachment A are unchanged from the existing Code. Section 2. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act. The City Council has adopted a resolution approving a Negative Declaration regarding the proposed amendments to the City Code concerning parking. The ordinance amendments relating to City Council appeal procedures are Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility the procedural amendments may have a significant effect on the environment and therefore the activity is not subject to CEQA. 131 2 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 15th day of April, 2009, and was adopted by the following vote following a second reading on May 6th, 2009: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Chuck Page, Ann Sullivan, MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY 132 1 PROPOSED AMENDMENTS TO CITY OF SARATOGA OFF-STREET PARKING AND LOADING FACILITIES ORDINANCE AND APPEALS PROCEDURE Zoning Ordinance Update ZOA 09-0001 Proposed amendments are shown below. Text to be added is underlined (example) and text to be deleted is shown in strikeout (example). Text in standard font is not changed. Village Parking Ordinance Extension and Technical Amendments 15-35.010 Purposes of Article. In order to alleviate or prevent traffic congestion and shortage of curb spaces, off-street parking and loading facilities shall be provided as required by this Article. The number of parking spaces and the number of loading berths prescribed in this Article, or to be prescribed by the Planning Commission, shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and loading areas shall be laid out in a manner to ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding land uses from their impact. 15-35.020 General requirements and regulations for off-street parking spaces. (a) Off-Street Parking Requirements: At the time of initial occupancy of a site or structure or at the time of an alteration or enlargement of a site or structure, there shall be provided off-street parking spaces for automobiles in accord with the schedule of off-street parking space requirements for the type and extent of use at the site or structure as prescribed in Section 15- 35.030. For the purposes of this Section, the term “alteration or enlargement” shall mean a change of use or an addition which would increase the number of parking spaces required above the total number required prior to such change or addition. The number of parking spaces provided for an alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration or enlargement, unless the pre-existing number is greater than the number prescribed in Section 15-35.030, in which instance, the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the alteration or enlargement. (b) Fractional Numbers: Except as otherwise specifically provided, if If, in the application of the requirements of this Article, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking space shall be required for a fraction of less than one-half. (c) Multiple Uses: If more than one use is located on a site or structure, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for each use. (d) Common Parking Facilities: The off-street parking requirements of this Article may be satisfied by a common parking facility; provided, that the total number of spaces shall be not less 133 2 than the sum of the individual requirements, and provided further, that a contract between the parties setting forth the agreement for joint use of a common parking facility is recorded in the office of the County Recorder and a certified copy there is filed with the City. (e) Floor Area Calculations: Where parking requirements are determined by floor area, such area shall not include enclosed or covered areas used for off-street parking or loading or interior courts of a building not occupied by a use for which off-street parking is required, but such floor area shall include any exterior balcony used as the sole means of access to a business establishment and any basement, or portion thereof, occupied by a use for which off-street parking is required. (f) Additional Requirements: The Planning Commission may require that off-street parking spaces in excess of the number prescribed in Section 15-35.030 be provided for use on a site or structure, if the Commission finds that such additional spaces are necessary to avoid traffic congestion or shortage of curb spaces. (g) Other Uses: For a use not specifically listed in Section 15-35.030, the number of off-street parking spaces shall be determined by the Planning Commission or the Community Development Director, based upon the number of spaces required for the most similar specified use and such information as may be available to the Planning Commission or the Community Development Director concerning the parking requirements of the proposed use. (h) Location of Parking: In all districts except a C-H district, the off-street parking spaces prescribed in Section 15-35.030 shall be located on the same site as the use for which the spaces are required, or on an adjacent site or a site separated only by an alley from the use for which the spaces are required. In a C-H district, the off-street parking spaces prescribed in Section 15- 35.030 may be located within three hundred feet of the use for which the spaces are required, measured by the shortest route of available to be used for pedestrian access. (i) Compact Parking Spaces: With respect to any site or structure located within a C-N, C-V, C-H, P-A, R-M or MU-PD district, not more than twenty-five percent of the number of required off-street parking spaces may consist of compact parking spaces. If, in the application of this subsection, a fractional number is obtained, one compact parking space may be provided for a fraction of more than one-half and one standard parking space shall be provided for a fraction of one-half or less. (j) No Vehicle Repair: No repair work or servicing of vehicles shall be conducted in any parking area. (k) Surplus Parking in C-H District: Notwithstanding any other provision of this Code, for applications deemed complete between March 1, 2006 and February 28, 200912, no off-street parking shall be required of any new, altered, or enlarged site or structure in any C-H district until such time as a total of forty-one thousand eight hundred fifty square feet of gross floor area beyond that existing on March 1, 2006 (“surplus floor area”) has been constructed or otherwise allocated as set forth below in the C-H districts. This provision shall be administered as follows: (1) Allocation Procedure: Surplus floor area shall be allocated on a first-come, first-served basis, based on the date that the application submittal is deemed complete by the Community Development Department; (2) New Site or Structure: The amount to be deducted from the surplus floor area for a new or enlarged site or structure shall be the increased gross floor area calculated using the methodology for determining gross floor area in subsection (e) of this Section; (3) Alteration that Increases Floor Area: The amount to be deducted from the surplus floor area for an alteration to an existing site or structure that increases the gross floor area of that site 134 3 or structure shall be the difference between the new gross floor area and the existing gross floor area determined in accordance with subsection (e) of this Section. (34) Change in Use that Does Not Increase Floor Area: The amount to be deducted from the surplus floor area for a change in use in or alteration to an existing site or structure that does not increase the gross floor area of that site or structure shall be determined as follows: The number of parking spaces required for the change in use, as determined by the off-street parking space requirements prescribed in Section 15-35.030, shall be multiplied by four hundred fifty square feet (450 SF) to determine the “changed use area”. based on the gross floor area subject to the change in use reduced by four hundred fifty square feet for each parking space allocated to the prior use. This shall be calculated as follows: The total square footage subject to the change in use or alteration (“changed use area”) shall be the gross floor area of that portion of the site or structure determined in accordance with subsection (e) of this Section. The existing parking credit shall be calculated by determining t The number of parking spaces allocated to the prior use of the area proposed for a change in use or alteration and shall be multiplied ying that number by four hundred fifty square feet (450 SF) to determine the existing parking credit. The amount to be deducted from the surplus floor area shall be the changed use area minus the existing parking credit. For example: if a change in use requires 4 parking spaces, then the changed use area is equal to 1,800 SF. If the previous use required 1 parking space, then existing parking credit is 450 SF. The surplus floor area to be deducted would be 1,350 SFfor a proposed change in use of a two thousand square foot structure with four parking spaces allocated to the prior use, the changed use area would be two thousand square feet and the parking credit would be one thousand eight hundred square feet (four parking spaces multiplied by four hundred fifty square feet); this means that the amount of surplus floor area allocated to the change in use would be two hundred square feet (the two thousand square foot changed use area minus the one thousand eight hundred square foot parking credit). (5) Exception for Parking Districts: Notwithstanding the foregoing subsection (4), above, no deduction from the surplus floor area shall be made or required for any change in use in or alteration to an existing site or structure within a City parking district that does not increase the gross floor area of that site or structure. (64) Removal of Allocation: Allocation of surplus floor area to an application shall be removed at such time as the application is denied or withdrawn and, for applications that are approved, upon the expiration of that approval. If an application is modified by the applicant or the approval in a manner that changes the gross floor area associated with the application, the allocation shall be adjusted accordingly; (75) Allocation Monitoring: The Community Development Department shall monitor and maintain an account showing the amount of surplus floor area that has been allocated pursuant to this Section and the amount that remains to be allocated; and (86) Projects in Excess of Available Allocation: Any proposed new, altered, or enlarged site or structure in any C-H district that would add more gross floor area than the remaining surplus floor area shall comply with the off-street parking requirements set forth in subsection (a) of this Section and elsewhere in this Code as to the excess floor area unless the applicant applies for and pays the costs of a parking study to be completed by the City Traffic Engineer and that study is approved by the Planning Commission and determines that excess parking capacity is available in the C-H districts and recommends that the amount of surplus floor area be increased at least by an amount that would accommodate the proposed new, altered, or enlarged site or structure. 135 4 Appeal Procedures Technical Amendment 15-90.070 Review by City Council. (a) Schedule of hearing; notice. Appeals to the City Council shall be scheduled, noticed, and otherwise proceed in accordance with Section 2-05.030 except as specifically provided otherwise in this Code. Upon receipt of the notice of appeal and payment of the filing fee, or upon an appeal being initiated by members of the City Council, the City Clerk shall schedule the matter for hearing at the next available regular meeting of the City Council to be held within thirty days after the date on which the notice of appeal is filed. The City Clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 65091 of the Government Code, except that such notice shall be mailed or delivered to all persons shown on the latest available assessment roll as owning any real property within five hundred feet of the real property that is the subject of the hearing. (b) Conduct of hearing by City Council. The City Council shall conduct a de novo review on the appeal, but no public hearing shall be required unless the decision by the Planning Commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the City Council, in its discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal. (c) Decision by City Council. The City Council may affirm, reverse or modify the decision of the Planning Commission, and may refer the matter back to the Planning Commission for such further action as may be directed by the Council. Where an appeal has been filed pertaining to only a portion of a decision by the Planning Commission, the City Council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. 136 1 RESOLUTION NO. Application No. ZOA 09-0001 A Resolution of The City Council of the City of Saratoga Adopting a Negative Declaration Regarding Amendments to the Off-Street Parking and Loading Facilities Zoning Regulations The City of Saratoga City Council finds and determines as follows with respect to the proposed Negative Declaration regarding the Project described below: I. Project Summary The City of Saratoga City Council is considering an ordinance amending the Saratoga Municipal Code to amend and clarify existing provisions of the City Code regarding the Off-Street Parking and Loading Facilities Zoning Regulations. The foregoing work is described as the “Project” in this Resolution. II. Environmental Review 1. An Initial Study (IS) and Negative Declaration (ND) were prepared for the Project by the City of Saratoga, pursuant to the requirements of the California Environmental Quality Act (CEQA, Public Resources Code sections 21000-21177), CEQA Guidelines (14 California Code of Regulations sections 15000-15387), and any other applicable requirements. 2. The IS and a notice of intent to adopt a ND were duly noticed and circulated for a 30-day public review period from February 4, 2009 through March 5, 2009 and no comments were received. 3. All Interested Parties desiring to comment on the ND were given the opportunity to submit written and oral comments on the adequacy of the ND at the Planning Commission meeting held on March 11, 2009 and the Public Hearing before the City Council on April 15, 2009. 4. The IS and ND represents the City’s independent judgment and analysis. 5. On April 15, 2009 the City Council conducted a Public Hearing on the Project, during which opportunity was given to address the adequacy of the ND. All comments on the IS and ND raised during the public and agency comment period and at the Public Hearing(s) on the Project were considered by the City Council. 6. The City Council was presented with and/or had opportunity to review all of the information in the administrative record; and 137 2 7. After the conclusion of such Public Hearing, the City Council considered all oral and written comments and a staff recommendation for approval of the ND and reviewed and considered the information in the IS and ND, public and agency comments on the IS and ND, the administrative record, and the staff report for completeness and compliance with CEQA, the CEQA Guidelines, and any and all other applicable requirements. 8. The City Council has considered the information contained in the ND and the record in considering the Project and related actions. 9. The documents constituting the record of proceedings upon which this decision is based are located in the City of Saratoga Department of Community Development and are maintained by the Director of that Department. 10. Pursuant to CEQA and CEQA Guidelines, the City Council finds on the basis of, and after review of, the whole record before it (including the Initial Study, the Negative Declaration, any and all comments received, and in light of expert and other evidence submitted), that there is no credible, substantial evidence that the Project as revised and mitigated may have a significant effect on the environment as to any issue raised. III. Adoption of Negative Declaration After careful consideration of the matter, the City Council hereby adopts the Negative Declaration for the Project. PASSED AND ADOPTED by the City Council of the City of Saratoga, this 15th day of April, 2009 by the following vote: AYES: NOES: ABSENT: RECUSED: Attest: ________________________________ ____________________________ Chuck Page, Mayor Ann Sullivan, City Clerk 138 OFF-STREET PARKING AND LOADING FACILITIES Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study CITY OF SARATOGA COMMUNITY DEVELOPMENT DEPARTMENT January 2009 139 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 2 1. Project Title Off-Street Parking and Loading Facilities Zoning Regulations Update 2. Lead Agency and Address City of Saratoga Community Development 13777 Fruitvale Avenue Saratoga, California 95070 3. Contact Person and Phone Number Cynthia McCormick, Assistant Planner: (408) 868 – 1230 4. Project Location The CH-1 and CH-2 zoning districts border Big Basin Way, generally bounded by Saratoga-Sunnyvale Road and Saratoga-Los Gatos Road to the east and Springer Avenue to the west within the Saratoga Village. 5. Project Sponsor’s Name and Address City of Saratoga Community Development 13777 Fruitvale Avenue Saratoga, California 95070 6. General Plan Designation Commercial Retail and Professional Administrative 7. Zoning Commercial Historic (CH1 And CH2) 8. Description of Project (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary). The City of Saratoga proposes to extend the off-street parking waiver for surplus floor area in the C-H Zoning District and clarify the related regulations. In 2006, the City of Saratoga adopted an ordinance to waive off-street parking requirements for up to 41,850 square feet of 140 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 3 gross floor area (“surplus floor area”) of any new, altered, or enlarged site or structure in the CH1 and CH2 Zoning Districts. That waiver does not apply to projects that apply after February 28, 2009. As of December 2008, approximately 24,000 SF of surplus floor area still remained subject to the waiver. The project would amend the ordinance to extend the waiver for three years until February 28, 2012 or until the remaining surplus floor area is developed, whichever occurs first. The project could result in new development in the Village being developed without addition of new parking spaces. Any new uses or development in the Village will be subject to review by the City for compliance with applicable local and state laws including Saratoga design review and CEQA. Any development in the Village beyond the available surplus floor area would be required to meet the standard parking requirements. 9. Surrounding land uses and setting. Briefly describe the project’s surroundings. The off-street parking waiver for surplus floor area applies in the C-H Zoning District these are commercially zoned properties in the City’s downtown, known as The Village. Surrounding land uses include commercial, professional administrative and residential uses. The City is primarily comprised of custom, single-family homes on individual lots. Several commercial centers exist along major arterials in addition to the Village. 10 . Other public agencies whose approval is required (e.g. permits, financing approval, or participation agreement). None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agricultural Resources Air Quality Biological Resources Cultural Resources Geology/Soils Hazards & Hazardous Materials Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance 141 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 4 DETERMINATION: On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Cynthia McCormick, Project Planner Date John Livingstone, Community Development Director Date 142 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 5 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact I. AESTHETICS – Would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c) Substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Discussion The Saratoga Village is not part of any scenic vista and is not located near a state scenic highway. The proposed ordinance would relax parking standards in the Village for a period of three additional years and would thus not result in adverse impacts to scenic resources or visual character of the area. The visual character or quality of the site and its surroundings are not affected by parking standards therefore the ordinance would not have a significant impact related to aesthetics. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 143 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 6 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact II. AGRICULTURE RESOURCES – In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? X Discussion The Village area does not include agricultural or farmlands and is not under a Williamson Act contract. Therefore, no impacts to agricultural resources would occur as a result of the project. 144 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 7 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact III. AIR QUALITY – Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Discussion The project extends the timeframe for the existing off-street parking waiver for surplus floor area in the Village. According to a study by the City’s Traffic Consultant, no significant increase in traffic has occurred since the existing parking waiver was adopted in 2005. Additionally, implementation of the project would result in fewer parking spaces being constructed such that the project would not encourage more drivers to the area. Therefore, extension of the off-street parking waiver for three additional years is not expected to result in significant increases in traffic and would thus not result in significant adverse impacts to air quality. According to the Bay Area Air Quality District, the project is below the size likely to generate significant emissions (BAAQMD CEQA Guidelines, page 25). Extension of the parking waiver would not 145 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 8 violate air quality standards, affect the City’s ability to comply with air quality plans, result in a considerable increase of a criteria pollutant, expose receptors to substantial pollutant concentrations, nor create objectionable odors to a substantial number of people. In addition, all potential and future development projects in the Village would be subject to further review under CEQA. Therefore, the project will not have an adverse impact on air quality. 146 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 9 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES – Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? X b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X 147 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 10 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Discussion The proposed project would relax parking standards in the Village, an urbanized portion of the City, for a period of three additional years and would not result in adverse impacts to biological resources. Because of the urban character of the Village the project will not have a substantial adverse effect on any riparian habitat, other sensitive natural community candidate, or any sensitive or special status species. The project does not include removal, filling or interruption of any protected wetland areas. The project will not conflict with any adopted Habitat Conservation Plan, Natural Community Conservation Plan, or the City’s Tree Ordinance. Therefore, the project will not have an adverse impact on biological resources. 148 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 11 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact V. CULTURAL RESOURCES – Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? X c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d) Disturb any human remains, including those interred outside of formal cemeteries? X Discussion The proposed project would relax parking standards in the Village for a period of three additional years. Because parking standards do not affect cultural resources the ordinance and would not result in adverse impacts to cultural resources. The Village area has not been identified as containing any unique archaeological, paleontological or geological features and therefore no such resources will be affected by the project. The project does not involve construction or excavation so will not result in a change to an archaeological resource or result in the disturbance of human remains. 149 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 12 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS – Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii) Strong seismic ground shaking? X iii) Seismic-related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or X 150 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 13 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? X Discussion Relaxing parking standards in the Village for a period of three additional years would not result in any excavation or other activity that could cause significant adverse impacts related to geology and soils. 151 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 14 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS – Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or X 152 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 15 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Discussion The Village is located within an already urbanized area. The Village is not located within an airport land use plan, within two miles of a public airport or public use airport, or within the vicinity of a private airstrip. The project, which would relax parking standards in the Village for a period of three additional years, would not interfere with an adopted emergency response or emergency evacuation plan. Existing uses and new development are required to meet all applicable requirements for the transport, use, or disposal of hazardous materials. Therefore, the project will not have adverse hazards or hazardous material impacts. 153 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 16 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact VIII. HYDROLOGY AND WATER QUALITY – Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial 154 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 17 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact additional sources of polluted runoff? X f) Otherwise substantially degrade water quality? X g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j) Inundation by seiche, tsunami, or mudflow? X Discussion The proposed project, which would relax parking standards in the Village for a period of three additional years, would not affect hydrology or water quality. There are no levees or dams in the Village area and the Village is not subject to inundation by seiche, tsunami, or mudflow. The project is not expected to substantially affect groundwater recharge. The project would result in fewer parking spaces being constructed in the Village area. All construction in the City is required to meet strict standards for water quality, waste discharge and runoff limitation requirements, and grading and drainage permit requirements. Any new development within a flood hazard area would also be subject to review by the Santa Clara Valley Water District. 155 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 18 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact IX. LAND USE AND PLANNING – Would the project: a) Physically divide an established community? X b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X Discussion The proposed update to the zoning regulations for off-street parking would relax parking standards in the Village for a period of three additional years. The project will not physically divide established neighborhoods; does not conflict with any adopted habitat or natural community conservation plan; and does not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project. Therefore, the project would not result in any adverse impacts related to land use. 156 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 19 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact X. MINERAL RESOURCES – Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Discussion Relaxation of parking standards for three years will not have an effect on the availability of any mineral resources. Therefore, the project would not result in adverse impacts to mineral resources. 157 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 20 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XI. NOISE – Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Discussion Approval and implementation of a zoning ordinance to relax parking standards in the Village 158 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 21 would not result in substantial additional noise impacts. According to a study by the City’s Traffic Consultant, no significant increase in traffic has occurred since the existing parking waiver was adopted in 2005. Additionally, implementation of the project would result in fewer parking spaces being constructed such that the project would not encourage more drivers to the area. Therefore, extension of the off-street parking waiver for three additional years is not expected to result in significant increases in traffic that would translate to an increase in ambient noise. Therefore, project-related increases in noise would be incremental and would be considered less than significant. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XII. POPULATION AND HOUSING – Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Discussion The project comprises relaxing parking standards in the Village for a period of three additional years and would therefore not result in substantial population growth in the City or the region nor displacement of substantial numbers of existing housing or people. Therefore, the project would not have an adverse impact on housing. 159 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 22 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Discussion The project would temporarily relax all parking requirements in the Village for no more than three years. Therefore, the project will not result in a need for new or physically altered governmental facilities, schools, parks, or other public facilities. 160 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 23 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XIV. RECREATION – a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Discussion Relaxing parking standards in the Village for a period of three additional years would not result in the increased use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur. The project does not include recreational facilities or require the construction or expansion of recreational facilities. Therefore, the project would not negatively impact recreation facilities. 161 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 24 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XV. TRANSPORTATION/TRAFFIC – Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? X b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? X c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Result in inadequate parking capacity? X g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Discussion 162 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 25 The project extends the timeframe for the existing off-street parking waiver for surplus floor area in the Village. The surplus floor area was determined by a study conducted by the City’s Traffic Consultant in 2005, which showed surplus parking during peak periods. The study concluded that, at a ratio of 1 parking space per 450 square feet of potential development, approximately 41,850 square feet of new development could be constructed without significant impact to parking. At present, there remains approximately 24,000 square feet of of the originally designated 41,850 square feet of surplus floor area that has not been constructed or otherwise allocated for the parking waiver. According to the study by the City’s Traffic Consultant, no significant increase in parking demand or traffic has occurred since the existing parking waiver was adopted in 2005. Therefore, extension of the off-street parking waiver for three additional years is not expected to result in significant increases in traffic or exceedance of level-of-service standards established by the county congestion management agency for designated roads or highways. Any incremental change in traffic in the Village area resulting from this project is not expected to be individually or cumulatively significant. The project would not alter existing access and would thus not result in inadequate emergency access or conflict with adopted policies, plans, or programs supporting alternative transportation. The project area is not located near an airport and would not result in a change in air traffic patterns. The project would not result in changes to roads in the vicinity and thus would not result in increased hazards or circulation-related conflicts. Therefore, any project-related impacts to transportation and traffic would be incremental and considered less than significant. 163 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 26 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XVI. UTILITIES AND SERVICE SYSTEMS – Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste X 164 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 27 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? X Discussion Implementation of the project would result in relaxed parking standards in the Village for a period of three additional years. This will not affect wastewater treatment, water supplies, wastewater treatment capacity, or solid waste disposal capacity. Therefore, the project will not require, or result in, the construction of new water or wastewater treatment facilities, new storm water drainage facilities, or the expansion of existing facilities. Therefore, the project is not expected to result in adverse impacts on utilities and service systems. 165 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 28 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE – a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Discussion a. The Village is within an urbanized area that has already been developed and does not include sensitive habitats or sensitive species. The project would extend the timeframe 166 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 29 for the existing off-street parking waiver for proposed development in the Village. The project would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Therefore, significant impacts are not expected to occur. b. Other planned and anticipated projects in Saratoga include small-scale residential developments, construction of the Joe’s Run bicycle and pedestrian trail, and the revitalization of Saratoga Village. The foreseeable projects in Saratoga would be expected to result in minimal adverse environmental impacts, similar to the project. These impacts could include incremental increases in stormwater runoff, minor disturbances to urban wildlife, and other effects typical of projects undertaken in already- developed areas. The impacts of the project are individually limited and not cumulatively considerable in the context of impacts associated with other pending or planned projects. The project extends the timeframe for the existing off-street parking waiver. The project is intended to make use of underutilized parking capacity. Therefore, the project is not expected to result in impacts that are cumulatively considerable. c. The project would not expose construction workers and the public to significant health risks or any kind and would not otherwise result in environmental effects that will cause adverse effects on human beings directly or indirectly. 167 Zoning Ordinance Update ZOA 09-0001 Environmental Checklist / Initial Study (January 2009) Off-Street Parking and Loading Facilities Zoning Regulations Page 30 SOURCE REFERENCES: 1. Project planner’s knowledge of Saratoga and current regulations 2. Zoning Regulations for Off-Street Parking and Loading Facilities including existing parking waiver for surplus floor area. 3. Fehr & Peers Transportation Consultants Summary of Village Parking Surveys (dated 10/11/05) 4. Fehr & Peers Transportation Consultants 2008 Village Parking Survey in Saratoga, California (dated 6/11/08) ATTACHMENTS: 1. Draft of update to Zoning Regulations for Off-Street Parking and Loading Facilities 168 PROPOSED NEGATIVE DECLARTION CITY OF SARATOGA Declaration that an Environmental Impact Report is not required for Application # ZOA 09-0001 Zoning Regulations for Off-Street Parking and Loading Facilities The undersigned, Director of Community Development and Environmental Control of the CITY OF SARATOGA, a Municipal Corporation, after study and evaluation, has determined and does hereby determine pursuant to the applicable provisions of the California Environmental Quality Act (CEQA), and the City's independent judgment, that the following described project will have no significant effect (no substantial adverse impact) on the environment within the terms and meaning of said Act. Project Description: The City of Saratoga proposes to extend the off-street parking waiver for surplus floor area in the C-H Zoning District and clarify the related regulations. In 2006, the City of Saratoga adopted an ordinance to waive off-street parking requirements for up to 41,850 square feet of gross floor area (“surplus floor area”) of any new, altered, or enlarged site or structure in the CH1 and CH2 Zoning Districts. That waiver does not apply to projects that apply after February 28, 2009. As of December 2008, approximately 24,000 SF of surplus floor area still remained subject to the waiver. The project would amend the ordinance to extend the waiver for three years until February 28, 2012 or until the remaining surplus floor area is developed, whichever occurs first. The project could result in new development in the Village being developed without addition of new parking spaces. Any new uses or development in the Village will be subject to review by the City for compliance with applicable local and state laws including Saratoga design review and CEQA. Any development in the Village beyond the available surplus floor area would be required to meet the standard parking requirements. Project Location: The proposed updates to the Parking Ordinance would primarily affect the commercially zoned properties in the Village (Commercial Historic CH1 and CH2 zoning districts) generally bounded by Saratoga-Sunnyvale Road and Saratoga-Los Gatos Road to the east and Springer Avenue to the west within the Saratoga Village. Applicant: City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, California 95070 169 Page 2 Negative Declaration Zoning Regulations for Off-Street Parking and Loading Facilities Property Owners: Various Lead Agency: City of Saratoga Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 Planner: Cynthia McCormick Assistant Planner Reason for Negative Declaration: The proposed Off-Street Parking and Loading Facilities Zoning Regulations are not anticipated to cause any substantial adverse impacts on the environment. Executed at Saratoga, California this ___th day of _____ 2009. ________________________________________ John F. Livingstone, AICP Community Development Director 170 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, Assistant Planner DIRECTOR: John Livingstone SUBJECT: Consider approval of a negative declaration and introduction of ordinance to (1) extend the waiver of off-street parking requirements in the CH1 and CH2 Zoning Districts, (2) make various clarifying amendments to the Off-Street Parking and Loading Facilities Zoning Regulations, and (3) amend Article 15-90 to conform provisions concerning appeals of Planning Commission decisions with recent amendments to Section 2-05.030 concerning appeals to the City Council. RECOMMENDED ACTION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing, approve the negative declaration, introduce and waive the first reading of the parking waiver extension and other code amendments, and direct staff to schedule this the ordinance for adoption on the consent calendar at the next regularly scheduled City Council meeting. BACKGROUND: A nationwide economic recession has reduced the demand for many retail goods resulting in retail space vacancies in the Village. There is surplus parking capacity in the Village and this capacity can be used to attract new uses to the Village. In 2005, the City held two Study Sessions to consider changes to the downtown Village parking requirements that might stimulate revitalization in the Village. The Study Sessions were attended by Village property owners, business owners, and others interested in the Village. The participants of the study sessions recommended a suspension of the Village parking requirements for a period of 3 to 5 years. In January 2006 the City Council approved an ordinance temporarily relaxing parking requirements in the CH-1 and CH-2 zoning districts until February 28, 2009 or until the surplus floor area (i.e., excess parking capacity) had been allocated. In November 2007 and May 2008, comprehensive parking surveys were completed in the Village. The surveys showed that the Village’s parking demand ranges anywhere from 40 percent to close to 100 percent depending on the location of the parking spaces. The following table shows the businesses that have utilized the parking waiver. Currently, approximately 24,206 square feet of surplus floor area remains. 171 Date Business Square Feet Deducted Square Feet Remaining 07/26/06 Planet Juice 960 40,890 09/13/06 Saratoga Cleaners 2,270 38,620 10/17/06 S. Cloud Barn Basement 1,561 37,059 12/13/06 Blue Rock Shoot Expansion 1,616 35,443 Ristorante Da Mario 175 35,268 07/18/07 Tollgate Mixed UseBldg. 3,628 31,640 09/26/07 Sam Cloud Addition 3,798 27,842 01/28/08 The Daily Method - Exercise Studio 1,134 26,708 10/22/08 The Inn at Saratoga 2,052 24,656 12/10/08 Tea's the Season 450 24,206 On January 7, 2009, the City Council directed staff to prepare amendments to the City Code to extend the time period for waiving off-street parking requirements in the C-H districts for three years or until the surplus floor area has been utilized, whichever comes first. On March 11, 2009 after reviewing the proposed negative declaration the Planning Commission recommended that the City Council approve the attached Code amendments. DISCUSSION: The proposed ordinance is attached. The proposed amendments would: · Extend the existing off-street parking waiver in the C-H Zoning Districts from February 28, 2009 to February 28, 2012. · Replace the existing example for deducting surplus floor area with a more thorough example. · Clarify language used to calculate the parking requirements for uses that increase gross floor area and for uses that do not increase floor area. · Make minor grammatical changes to clarify ambiguous language without changing the intent. · Add subsection titles for ease of reference. · Amend Article 15-90 to conform appeals of Planning Commission decisions with last year’s amendments to Section 2-05.030 concerning appeals to the City Council. ENVIRONMENTAL DETERMINATION: An initial study and a Negative Declaration were prepared for the parking waiver extension and zoning amendments pursuant to the California Environmental Quality Act (CEQA) section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration). A notice regarding the intent to adopt a negative declaration was published in the Saratoga News on February 4, 2009. The comment period for the Negative Declaration took place between February 4, 2009 and March 5th, 2009. No comments have been received regarding the Initial Study or Negative Declaration, as of the writing of this staff report. On March 11, 2009, the Planning Commission determined that the Parking Waiver Extension and Zoning Text Amendments could not have a significant effect of the environment and recommended that the City Council adopt the Negative Declaration. The revisions to the appeal procedure are procedural only and do not require CEQA review. 172 FISCAL IMPACTS: There are no negative fiscal impacts. The parking waiver extension may stimulate business activity in the Village thereby increasing sales tax revenue to the City. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The existing surplus floor area allocation for off-street parking requirements in the Village will expire, which may decrease incentives for new businesses to locate in Saratoga. Furthermore, ambiguous language in the code will remain difficult to interpret and the Planning Commission appeals procedures will be inconsistent with City Code Section 2-05.030. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: Schedule the ordinance for a second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on March 31, 2009. ATTACHMENTS: A. Planning Commission Resolution B. Proposed Ordinance C. Proposed Resolution Adopting Negative Declaration D. Initial Study E. Negative Declaration 173 1 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor DIRECTOR: Dave Anderson ________________________________________________________________________ SUBJECT: Proposed ordinance amending the City Code to replace the requirement for use of Roberts Rules of Order with a requirement allowing the City Council to adopt rules of procedure by resolution and clarify procedures for addressing the City Council and proposed ordinance to adopt rules of procedure. RECOMMENDED ACTIONS: (1) Open the public hearing and consider all testimony received; (2) Introduce and waive the first reading of the attached ordinance; and (3) Direct staff to place the attached ordinance and resolution on the consent calendar for adoption at the May 6, 2009 City Council meeting. SUMMARY: At its retreat in February 2009 the City Council received information concerning simplified rules of procedure for City meetings distributed by the League of California Cities. The Council agreed to use the simplified materials on a trial basis and directed staff to bring the matter before the Council following the experimental period. The attached ordinance (Attachment A) would amend the City Code to allow the Council to adopt rules of parliamentary procedure and would clarify other code provisions concerning City Council procedures. The attached resolution (Attachment B) would take effect after the effective date of the ordinance and would adopt rules of parliamentary procedure (included as an attachment to the resolution) as authorized by the ordinance. DISCUSSION: In 2003 the League of California Cities published “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” (written by Dave Rosenberg) as an alternative to Roberts Rules of Order (published in 1876). The simplified procedures embody the core principles of Roberts Rules in a manner tailored to meetings of City Councils and similar legislative bodies. A copy of Rosenberg’s Rules of Order is included as Attachment C. 174 2 The Saratoga City Code specifies that the City shall use Roberts Rules of Order for matters of parliamentary procedure. The attached ordinance would amend the Code to allow the City Council to specify the rules of parliamentary procedure. It is accompanied by a resolution that would specify a modified version of Rosenberg’s Rules of Order for use in Saratoga. The procedures attached to the resolution are those set forth in Rosenberg’s with slight modifications to reflect custom, practice, and specific code requirements in Saratoga. Per Council direction at the retreat, the modified rules provide for discussion following the public comment period and before the Chair invites a motion. These rules would apply to the City Council and all City Commissions except the Planning Commission. The City Code specifies that the Planning Commission may adopt its own rules of procedure. Accordingly, the attached resolution simply recommends that the Planning Commission adopt these rules so that there can be consistency of procedures among City Commissions. The attached ordinance would also clean up provisions of the City Code regarding methods of addressing the City Council. The amendments consolidate provisions pertaining to written communications and specify procedures for transmitting those communications to the Council. The amendments also consolidate provisions concerning public testimony and delete provisions that are inconsistent with State laws regarding open meetings. ALTERNATIVES: Continue this item to another City Council meeting to allow staff to incorporate comments from this meeting and return with an amended ordinance and/or rules of procedure as necessary. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING, NOTICING AND PUBLIC CONTACT: This matter was noticed at the time the agenda was posted. ATTACHMENTS: Attachment A – Proposed Ordinance Attachment B – Proposed Resolution (including proposed Rules of Parliamentary Procedure) Attachment C – Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” 175 1 ORDINANCE NO. __________ AN ORDINANCE AMENDING ARTICLE 2-10 OF THE SARATOGA CITY CODE CONCERNING CITY COUNCIL PROCEDURES THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. In order to promote public participation in City decision making, it is in the public interest to have clear and understandable rules of procedure for meetings of the City Council and City Commissions. B. The City Code currently requires use of Roberts Rules of Order for all matters of parliamentary law. While these rules can be very effective for governing large assemblies, they are not tailored to local government proceedings. C. In light of recent research on effective meeting procedures and public participation it is appropriate for the City Code to provide the City with flexibility to adopt rules of procedure suited to current circumstances. D. This ordinance would replace the requirement for use of Roberts Rules of Order with a requirement allowing the City Council to adopt rules of procedure by resolution and would make other amendments to the City Code to streamline and clarify procedures for addressing the City Council. E. On April 15, 2009, the City Council conducted a public hearing at which all interested persons had an opportunity to be heard to consider the amendments that follow. SECTION 2. Adoption. A. The Saratoga City Code is hereby amended by adding the text shown in bold italics (example) and deleting the text shown in strikeout (example) in the sections listed below: 2-10.120 Rules of debate. The following rules shall be observed in debate in the City Council: (a) Getting the floor. Every Council member desiring to speak shall address the chair, and upon recognition by the presiding officer, shall confine all remarks to the question under debate. 176 2 (b) Interruptions. A Council member, once recognized, shall not be interrupted when speaking unless it be on a point of order or as otherwise provided in this Article. If a point of order is raised while a Council member is speaking, the Council member shall cease speaking until the question of order is determined and, if in order, the Council member shall be permitted to proceed. (c) Closing debate. Debate on any matter may be closed upon motion adopted by a majority of Council members present at the meeting. (d) Rules of order. Except as otherwise provided in this Article, proceedings of the City Council shall be governed under Robert's Rules of Order on all matters pertaining to parliamentary law procedures adopted by a resolution of the City Council and on file in the office of the City Clerk. No action of the City Council shall be invalidated nor the legality thereto affected by the failure or omission to observe or follow the rules of debate or Robert's Rules of Order other procedures as provided in this Section. 2-10.130 Communications to City Council. (a) Any person desiring to address the City Council at a City Council meeting shall first secure the permission of the presiding officer; provided, that under the following headings of business, unless the presiding officer rules otherwise, any qualified and interested person shall have the right to address the City Council upon obtaining recognition by the presiding officer: (1) Regular and adjourned regular meetings. a. Written communications. Members of the public may address the City Council by written communication. If copies of such communications are furnished to each Council member present, such written communications need not be read aloud at the meeting unless so ordered by a majority vote of the City Council. b. Oral communications. 1. Agendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any item on the agenda, before or during consideration of that item. 2. (2) Nonagendized items. Members of the public may address the City Council by oral communication subject to any time limits set pursuant to Section 2- 10.080(b)(3), on any nonagendized matter within the 177 3 subject matter jurisdiction of the City Council, that is, over which the City Council has control; provided, that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak. 3. (3) Public hearings. Members of the public may address the City Council, subject to any time limits set pursuant to Section 2-10.080(b)(3), relating to the matter which is the subject of the public hearing, provided that once the public hearing has closed, the public may no longer address the City Council on that matter unless the City Council reopens the public hearing. (2) Special meetings. Members of the public may address the City Council at a special meeting by oral communicatio n subject to any time limits set pursuant to Section 2-10.080(b)(3), only on items agendized for that meeting, unless otherwise permitted by a majority vote of the City Council. (b) Each person addressing the City Council shall stand and give his name and address in an audible tone of voice for the record, and shall speak into the microphone provided at all times that the electronic public address system is in operation. All remarks shall be addressed to the City Council as a body and not to any individual member thereof. No person, other than the City Council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Council without the permission of the presiding officer. (c) The following rules shall be applicable to written communications to the City Council: (1) Written communications to the City Council shall be distributed to the City Council at or prior to the next regular City Council meeting following receipt of the communication by the City Clerk except that written communications pertaining to a matter to be considered at a meeting other than a regular meeting shall be distributed to the City Council at or prior to that meeting. Written communications received by the City Clerk after 5:00 p.m. on the day of a City Council meeting are not required to be distributed at that meeting unless ten copies are delivered to the City Clerk at the meeting. Copies of written communications distributed to the Council shall be available for public review in the office of the City Clerk. particular matter for City Council discussion shall be read by the Council at the time of 178 4 such discussion rather than under the agenda item of “written communications.” (2) Written communications from the City staff shall not be read aloud unless requested by the writer or any a Council member. (3) Anonymous communications shall not be read. (4) The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. (5) After a motion is made by a Council member, no person shall address the Council without first securing the permission of the Council to do so. SECTION 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub- paragraph, sentence, clause and phrase are held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. SECTION 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. [Continued next page] 179 5 The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 2009, and was adopted by the following vote following a second reading on the 6th day of May, 2009: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: __________________________________ CHUCK PAGE MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: __________________________________ ANN SULLIVAN CLERK OF THE CITY OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________________ RICHARD TAYLOR, CITY ATTORNEY 180 1 RESOLUTION NO. 09- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING RULES OF PROCEDURE FOR THE CITY COUNCIL AND ALL CITY COMMISSIONS EXCEPT THE PLANNING COMMISSION WHEREAS, the California League of Cities (“League”) has consistently worked to promote effective local government, efficient decision-making, and informed public participation. WHEREAS, as part of these efforts the League in 2003 published “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century.” WHEREAS, these procedures are generally comparable to those currently in use by the City Council and City Commissions and are presented in a form that is easier to understand and apply than the formal rules currently in effect in the City. WHEREAS, on May 6, 2009 the City Council amended the City Code to authorize the City Council to adopt rules of procedure. WHEREAS, this resolution adopts Rosenberg’s Rules of Order with modification to reflect custom, practice, and specific code requirements in Saratoga as the rules of procedure for the City Council and all City Commissions except the Planning Commission and further recommends that the Planning Commission adopt comparable rules. THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY RESOLVES AS FOLLOWS: 1. As of June 8, 2009, the rules of procedure for the City Council and all City Commissions except the Planning Commission shall be as set forth in Attachment A to this resolution. These procedures shall be included as an attachment to the City Council Norms of Operation and Rules of Order and Procedure for the City Council as last amended by Resolution 08-069 on November 5, 2008. 2. Under the City Code the Planning Commission is authorized to establish its own rules of procedure. Accordingly, the City Council has not adopted rules applicable to the Planning Commission but recommends that the Commission adopt the foregoing rules of procedure in order that consistent procedures be used in all City proceedings. [Continued next page] 181 2 PASSED AND ADOPTED by the City Council of Saratoga, State of California, this 6th day of May 2009 by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Chuck Page, Mayor ATTEST: ___________________________________ Ann Sullivan City Clerk P:\SARATOGA\RESOLUTI\Council Procedures Staff Report CC 04-15-09.doc 182 CITY OF SARATOGA RULES OF PARLIAMENTARY PROCEDURE1 Saratoga’s rules of parliamentary procedure are supported by the following four principles: 1. Rules should establish order. The first purpose of the rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly. That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of the rules of procedure is to encourage discussion and to facilitate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other members of the body in debates and discussions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a member of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion All City Council and Commission meetings have a written, published agenda. The meeting is governed by the agenda and the agenda constitutes the agreed-upon road map for the meeting. Each agenda item should be handled by the chair in the following basic format. 1 These rules of parliamentary procedure are based on “Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century” written by Dave Rosenberg and published by the League of California Cities in 2003. The procedures set forth in Rosenberg’s have been modified slightly to reflect custom, practice, and specific code requirements in Saratoga. While these rules have been drafted to conform to requirements of State law and the Saratoga City Code, in the event of a conflict between these procedures and those laws, the laws shall govern. 183 2 First, the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. If any member of the body has a conflict of interest, that member announces the conflict and need for recusal and leaves the dais at this time. Second, following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, a staff person, or a committee chair charged with providing information about the agenda item. Third, the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth, the chair should invite public comments or, if appropriate at a formal public hearing, open the hearing. Speakers are typically limited to 3 minutes; shorter time limits may be imposed if numerous members of the public indicate a desire to speak to the subject. At the conclusion of the public comments, the chair should announce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth, the chair should invite members of the body to make remarks on the matter. This is an opportunity for members of the body to state their views on the subject before any formal motions are made. Sixth, the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Seventh, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Eighth, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Ninth, the chair should now invite discussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or 184 3 a very brief discussion, the vote should proceed immediately, and there is no need to repeat the motion. If there has been substantial discussion, it is normally best to make sure everyone understands the motion by repeating it. Tenth, the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufficient. If members of the body do not vote, then they “abstain.” Unless specific laws or procedures provide otherwise, a simple majority determines whether the motion passes or is defeated. Eleventh, the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” Motions in General Motions are the vehicles for decisionmaking. It is usually best to have a motion before the governing body prior to discussing an agenda item, to help everyone focus on the motion before them. The chair usually initiates the motion by: 1. Inviting the members to make a motion: “A motion at this time would be in order.” 2. Suggesting a motion to the members, for example: “A motion would be in order that we give 10-days’ notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion. The basic motion is the one that puts forward a decision for consideration. A basic motion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” 2. The motion to amend. If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10-member committee.” A 185 4 motion to amend takes the basic motion that is before the body and seeks to change it in some way. 3. The substitute motion. If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “move a substitute motion.” A substitute motion might be: “I move a substitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substitute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair determines it is really a substitute motion, the chair’s designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for example, assume the first motion is a basic “motion to have a five-member committee to plan and put on our annual fundraiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser.” And perhaps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper procedure would be as follows. First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion 186 5 to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member committee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): A motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. A motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on “hold.” The motion may contain a specific time in which the item can come back to the body: “I move we table this item until our regular meeting in October.” Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate. The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question.” When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the motion to limit debate requires a two-thirds vote of the body. A similar motion is a motion to object to consideration of an item. This 187 6 motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a five-member body, a vote of 3-2 passes the motion. A vote of 2-2 with one abstention means the motion fails. If one member is absent or recused and the vote is 2-2, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate. Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two- thirds vote to pass. Motion to close nominations. When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. The standards for reconsideration are set forth in the City Code. 188 7 Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in question, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be: “Point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order. The proper interruption would be: “Point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, “Let’s return to the agenda.” If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. 189 8 Special Notes About Public Input The rules outlined here help make meetings very public-friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participation in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. The rules presented here for conducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. P:\SARATOGA\RESOLUTI\Saratoga Rules of Parliamentary Procedure (Draft 04-06-09).doc 190 League of California Cities 1 Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21 st Century 191 About the League of California Cities Established in 1898, the League of California Cities is a mem- ber organization that represents California’s incorporated cities. The League strives to protect the local authority and autonomy of city government and help California’s cities effectively serve their residents. In addition to advocating on cities’ behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts educational conferences and research, and publishes Western City magazine. About Western City Magazine Western City is the League of California Cities' monthly maga- zine. Western City provides lively, interdisciplinary analyses of issues affecting local governance. Its goal is to offer immediately practical ideas, information and bigger-picture policy issues and trends. For more information, visit www.westerncity.com. “Rosenberg’s Rules of Order” first appeared in Western City magazine in August and September 2003. VISION: To be recognized and respected as the leading advocate for the common interests of California cities. MISSION: To restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. About the Author Dave Rosenberg is an elected county supervisor representing the 4th District in Yolo County. He also serves as director of community and intergovernmental relations, director of opera- tions, and senior advisor to the governor of California. He has served as a member and chair of numerous state and local boards, both appointed and elected, and also served on the Davis City Council for 12 years, including two terms as mayor. He has taught classes on parliamentary procedure and has served as parliamentarian for large and small governing bodies. In the fall of 2003, Gov. Davis appointed Rosenberg as a judge of the Yolo County Superior Court. 1400 K Street, Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacities.org To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.org/store. ©2003 League of California Cities. All rights reserved. 192 www.cacities.org 1 he rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that hasn’t always been the case. Virtu- ally all clubs, associations, boards, coun- cils and bodies follow a set of rules, Robert’s Rules of Order, which are em- bodied in a small but complex book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and purpose. If you are running the British Parliament, Robert’s Rules of Order is a dandy and quite use- ful handbook. On the other hand, if you’re running a meeting of a five- member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of “Rosenberg’s Rules of Order.” This publication covers the rules of parliamentary procedure based on my 20 years of experience chairing meetings in state and local government. These rules have been simplified and slimmed down for 21st century meetings, yet they retain the basic tenets of order to which we are accustomed. “Rosenberg’s Rules of Order” are sup- ported by the following four principles: 1. Rules should establish order.The first purpose of the rules of parlia- mentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear.Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate and those who do not fully understand and do not fully participate. 3. Rules should be user-friendly.That is, the rules must be simple enough that citizens feel they have been able to participate in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority.The ultimate purpose of the rules of procedure is to encourage discussion and to facili- tate decision-making by the body. In a democracy, the majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself (but not dominate) and fully participate in the process. The Chairperson Should Take a Back Seat During Discussions While all members of the governing body should know and understand the rules of parliamentary procedure, it is the chairperson (chair) who is charged with applying the rules of conduct. The chair should be well versed in those rules, because the chair, for all intents and purposes, makes the final ruling on the rules. In fact, all decisions by the chair are final unless overruled by the governing body itself. Because the chair conducts the meeting, it is common courtesy for the chair to take a less active role than other mem- bers of the body in debates and discus- sions. This does not mean that the chair should not participate in the debate or discussion. On the contrary, as a mem- ber of the body, the chair has full rights to participate in debates, discussions and decision-making. The chair should, however, strive to be the last to speak at the discussion and debate stage, and should not make or second a motion unless he or she is convinced that no other member of the body will do so. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, published agenda; informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body’s agreed-upon road map for the meeting. And each agenda item can be handled by the chair in the following basic format. First,the chair should clearly announce the agenda item number and should clearly state what the subject is. The chair should then announce the format that will be followed. Second,following that agenda format, the chair should invite the appropriate people to report on the item, including any recommendation they might have. The appropriate person may be the chair, a member of the governing body, Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21 st Century There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire to move on. by Dave Rosenberg 193 League of California Cities2 a staff person, or a committee chair charged with providing information about the agenda item. Third,the chair should ask members of the body if they have any technical questions for clarification. At this point, members of the governing body may ask clarifying questions to the people who reported on the item, and they should be given time to respond. Fourth,the chair should invite public comments or, if appropriate at a formal meeting, open the meeting to public input. If numerous members of the pub- lic indicate a desire to speak to the sub- ject, the chair may limit the time of each public speaker. At the conclusion of the public comments, the chair should ann- ounce that public input has concluded (or that the public hearing, as the case may be, is closed). Fifth,the chair should invite a motion from the governing body members. The chair should announce the name of the member who makes the motion. Sixth,the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member who seconds the motion. It is normally good practice for a motion to require a second before proceeding with it, to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and a vote on the motion even when there is no second. This is a matter left to the discretion of the chair. Seventh,if the motion is made and sec- onded, the chair should make sure every- one understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Motions are made in a simple two-step process. First, the chair recognizes the member. Second, the member makes a motion by preceding the member’s desired approach with the words: “I move …” A typical motion might be: “I move that we give 10 days’ notice in the future for all our meetings.” The chair usually initiates the motion by: 1. Inviting the members to make a motion: “A motion at this time would be in order.” Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century Ninth,the chair takes a vote. Simply asking for the “ayes” and then the “nays” is normally sufficient. If members of the body do not vote, then they “abstain.” Unless the rules of the body provide otherwise or unless a super-majority is required (as delineated later in these rules), a simple majority determines whether the motion passes or is defeated. Tenth,the chair should announce the result of the vote and should announce what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the mem- bers, if any, who voted in the minority on the motion. This announcement might take the following form: “The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring 10 days’ notice for all future meetings of this governing body.” Motions in General Motions are the vehicles for decision- making. It is usually best to have a mot- ion before the governing body prior to discussing an agenda item, to help every- one focus on the motion before them. Eighth,the chair should now invite dis- cussion of the motion by the members of the governing body. If there is no desired discussion or the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or a very brief discussion, the vote should proceed immediately, and there is no need to re- peat the motion. If there has been sub- stantial discussion, it is normally best to make sure everyone understands the motion by repeating it. 2. Suggesting a motion to the members: “A motion would be in order that we give 10-days’ notice in the future for all our meetings.” 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but normally should do so only if he or she wishes a motion to be made but no other member seems willing to do so. The Three Basic Motions Three motions are the most common: 1. The basic motion.The basic motion is the one that puts forward a deci- sion for consideration. A basic mot- ion might be: “I move that we create a five-member committee to plan and put on our annual fundraiser.” 2. The motion to amend.If a member wants to change a basic motion that is under discussion, he or she would move to amend it. A motion to amend might be: “I move that we amend the motion to have a 10- member committee.” A motion to amend takes the basic motion that is before the body and seeks to change it in some way. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discussion that is too personal, too loud or too crude. 194 www.cacities.org 3 Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century 3. The substitute motion.If a member wants to completely do away with the basic motion under discussion and put a new motion before the governing body, he or she would “m ove a substitute motion.” A substi- tute motion might be: “I move a sub- stitute motion that we cancel the annual fundraiser this year.” Motions to amend and substitute mo- tions are often confused. But they are quite different, and so is their effect, if passed. A motion to amend seeks to retain the basic motion on the floor, but to modify it in some way. A substitute motion seeks to throw out the basic motion on the floor and substi- tute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So that if a member makes what that member calls a motion to amend, but the chair deter- mines it is really a substitute motion, the chair’s designation governs. When Multiple Motions Are Before The Governing Body Up to three motions may be on the floor simultaneously. The chair may reject a fourth motion until the three that are on the floor have been resolved. When two or three motions are on the floor (after motions and seconds) at the same time, the first vote should be on the last motion made. So, for exam- ple, assume the first motion is a basic “motion to have a five-member commit- tee to plan and put on our annual fund- raiser.” During the discussion of this motion, a member might make a second motion to “amend the main motion to have a 10-member committee, not a five-member committee, to plan and put on our annual fundraiser.” And per- haps, during that discussion, a member makes yet a third motion as a “substitute motion that we not have an annual fundraiser this year.” The proper proce- dure would be as follows. First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passes, it would be a substitute for the basic motion and would elimi- nate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be complete. No vote would be taken on the first or second motions. On the other hand, if the substitute motion (the third motion) failed, the chair would proceed to consideration of the second (now the last) motion on the floor, the motion to amend. If the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or10 members). If the motion to amend passed, the chair would now move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would now move to consider the main motion (the first motion) in its original format, not amended. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full dis- cussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, sub- ject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The fol- lowing motions are not debatable (that is, when the following motions are made and seconded, the chair must immedi- ately call for a vote of the body without debate on the motion): A motion to adjourn.This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. This motion requires a simple majority vote. A motion to recess.This motion, if passed, requires the body to immediately take a recess. Normally, the chair deter- mines the length of the recess, which may range from a few minutes to an hour. It requires a simple majority vote. The challenge for anyone chairing a public meet- ing is to accommodate public input in a timely and time-sensitive way, while maintaining steady progress through the agenda items. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee) or, if amended, would be in its amended format (10-member com- mittee). And the question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. A motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: “I move we adjourn this meeting at midnight.” It requires a simple majority vote. A motion to table.This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to 195 League of California Cities4 be placed on “hold.” The motion may contain a specific time in which the item can come back to the body: “I move we table this item until our regu- lar meeting in October.” Or the motion may contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. A motion to limit debate.The most common form of this motion is to say: “I move the previous question” or “I move the question” or “I call for the question.” When a member of the body makes such a motion, the member is really saying: “I’ve had enough debate. Let’s get on with the vote.” When such a motion is made, the chair should ask for a second to the motion, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note that a motion to limit debate could include a time limit. For example: “I move we limit debate on this agenda item to 15 minutes.” Even in this format, the the motion fails. If one member is ab- sent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions occur when the body is taking an action that effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super-majority) to pass: Motion to limit debate.Whether a member says, “I move the previous question,” “I move the question,” “I call for the question” or “I move to limit debate,” it all amounts to an attempt to cut off the ability of the minority to dis- cuss an item, and it requires a two-thirds vote to pass. Motion to close nominations.When choosing officers of the body, such as the chair, nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers, and it requires a two-thirds vote to pass. pend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the atten- dance at meetings by non-club mem- bers. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself: the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to reconsider is made. A motion to reconsider requires a majority vote to pass, but there are two special rules that apply only to the motion to reconsider. First is the matter of timing. A motion to reconsider must be made at the meet- ing where the item was first voted upon or at the very next meeting of the body. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to recon- sider may be made only by a member who voted in the majority on the origi- nal motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other mem- ber of the body may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The pur- pose of this rule is finality. If a member of the minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century motion to limit debate requires a two- thirds vote of the body. A similar mot- ion is a motion to object to consideration of an item.This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super-Majority Votes In a democracy, decisions are made with a simple majority vote. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means Motion to object to the consideration of a question.Normally, such a motion is unnecessary, because the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules.This motion is debatable, but requires a two- thirds vote to pass. If the body has its own rules of order, conduct or proce- dure, this motion allows the body to sus- If you are running the British Parliament, Robert’s Rules of Order is a dandy and quite useful handbook. 196 www.cacities.org 5 If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. And at the same time, it is up to the chair and the members of the body to maintain com- mon courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every lege relate to anything that would inter- fere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. Order.The proper interruption would be: “Point of order.” Again, the chair would ask the interrupter to “state your point.” Appropriate points of order Withdraw a motion.During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed with- drawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined here help make meet- ings very public-friendly. But in addi- tion, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One:Tell the public what the body will be doing. Rule Two:Keep the public informed while the body is doing it. Rule Three:When the body has acted, tell the public what the body did. Public input is essential to a healthy democracy, and community participa- tion in public meetings is an important element of that input. The challenge for anyone chairing a public meeting is to accommodate public input in a timely and time-sensitive way, while maintain- ing steady progress through the agenda items. The rules presented here for con- ducting a meeting are offered as tools for effective leadership and as a means of developing sound public policy. ■ Rosenberg’s Rules of Order: Simple Parliamentary Procedure for the 21st Century It is usually best to have a motion before the gov- erning body prior to discussing an agenda item, to help everyone focus. Motions to amend and substitute motions are often confused. But they are quite different, and so is their effect, if passed. speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focus on the item and the policy in ques- tion, not on the personalities of the members of the body. Debate on policy is healthy; debate on personalities is not. The chair has the right to cut off discus- sion that is too personal, too loud or too crude. Debate and discussion should be fo- cused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupt- ed for the following reasons: Privilege.The proper interruption would be: “Point of privilege.” The chair would then ask the interrupter to “state your point.” Appropriate points of privi- relate to anything that would not be considered appropriate conduct of the meeting; for example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal.If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day.This is sim- ply another way of saying, “Let’s return to the agenda.” If a member believes that the body has drifted from the agreed- upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair’s determination may be appealed. 197 League of California Cities8 1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240 www.cacities.org SKU 1533 $5.00 To order additional copies of this publication, call (916) 658-8257 or visit www.cacities.org/store. ©2003 League of California Cities. All rights reserved. This publication is printed on recycled paper 198 1 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Cherbone ________________________________________________________________________ SUBJECT: Direction regarding Pedestrian, Equestrian, and Bicycle Trails Advisory Committee recommended amendments to the Circulation and Scenic Highway Element of the City of Saratoga General Plan and adoption of resolution to establish a no parking/stopping zone on Saratoga Avenue starting at the northwest corner of Saratoga Avenue at Lawrence Expressway and continuing south for five hundred (500) feet. ________________________________________________________________________ RECOMMENDED ACTIONS: 1. Review the joint recommendation of the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee and the City’s Traffic Engineers regarding amendments to the City’s Circulation and Scenic Highway Element and provide direction to staff. 2. Adopt the attached Motor Vehicle Resolution to establish a no parking/stopping zone on Saratoga Avenue starting at the northwest corner of Saratoga Avenue at Lawrence Expressway and continuing south for five hundred (500) feet. REPORT SUMMARY: At its meeting of October 15, 2008 the City Council considered proposed amendments to the City’s Circulation and Scenic Highway Element of the City of Saratoga General Plan. The Council accepted public testimony and directed staff to consult further with the Pedestrian, Equestrian, and Bicycle Trails Advisory Committee (PEBTAC) to explore alternatives to the proposed amendments. The Committee has held several meetings to discuss the matter and has recommended the comprehensive plan map included as Attachment A. The Committee’s letter to the Council is included as Attachment B. The map was prepared in consultation with the City’s Traffic Engineers, Fehr & Peers. Their assessment of the map is included as Attachment C. PEBTAC also recommended that the City establish a no parking/stopping zone on Saratoga Avenue starting at the northwest corner of Saratoga 199 2 Avenue at Lawrence Expressway and continuing south for five hundred (500) feet; a resolution to implement this recommendation is included as Attachment D. DISCUSSION: The map would update the bike routes in the City’s Circulation and Scenic Highway Element to include the following changes: · Removing Class III facility designations on Big Basin Way, Mount Eden Road, and portions of Pierce Road · Adding Class III bicycle facilities onto Miller Avenue, 4th Street, Elva Avenue, Saraview Drive, Surrey Lane, Arroyo DeArguello, and Wardell Road · Adding proposed Class I bicycle facilities along portions of Congress Springs Road (SR 9) and Pierce Road · Adding proposed Class III bicycle facilities along portions of Big Basin Way (SR 9) and Pierce Road As noted in Attachment C, the City Traffic Engineer concurs in these recommendations. In addition, the PEBTAC recommended that a no parking/no stopping zone be established on Saratoga Avenue starting at the northwest corner of Saratoga Avenue at Lawrence Expressway and continuing south for five hundred (500) feet. This will facilitate bicycle travel on this portion of Saratoga Avenue. The Traffic Engineer also concurs in this recommendation. ALTERNATIVES Make no amendments to the Circulation Element or request further analysis by staff and the City Traffic Engineer. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice was included with the notice of this meeting. ATTACHMENTS: Attachment A – Proposed Bike Plan Map Attachment B – PEBTAC Letter to City Council Attachment C – Traffic Engineer Analysis Attachment D – Proposed Motor Vehicle Resolution 200 B i g B a s i n W a y Mt. Eden P i e r c e R o a d F r u i t v a l e A v e n u e A l l e n d a l e A v enue Saratoga-Los Gat os Road Q u i t o R o a d Cox Avenue Prospect Road S a r a t o g a A v e n u e M i l l e r A v e n u e Herriman Avenue S a r a t o g a -S u n n y v a l e R o a d L a wrence E xpressway 4th St. E l v a Wardell A r r o y o D e A r g u e l l o R o n c o l e V i a Comer Surrey Ln. S a r a v i e w Verde Vista T a m w o r t h S e a t o n M a l c o l m Co n g r ess S p r i n g s R d . P i e r c e R o a d ±DRAF T Bicycle Route Clasification CAMPBELL CUPERTINO LOS GATOS MONTE SERENO SAN JOSE SARATOGA UNINCORPORATED Joe's Trail (Under Construction) Existing Class I (Off-Road Bike Trail) Existing Class III (Bike Route Not Striped)Existing Class II (Bike Lane Striped) Proposed Class I (Off-Road Bike Trail) Expressway City Limit(Bicycles Permitted) Proposed Class III (Bike Route Not Striped) April 8, 2009 201 April 8, 2009 TO: Saratoga City Council FROM: Pedestrian, Equestrian and Bicycle Trails Advisory Committee The Pedestrian, Equestrian and Bicycle Trails Advisory Committee discussed the Bicycle Circulation Element update with the Traffic Consultant at their March meeting. The Consultant's recommendations were reviewed in light of opportunities which have been identified since this matter was asked to be taken up by the City Council last year. We would like to offer an alternate set of suggestions for your consideration. The Committee, Staff, and Consultant suggest updating the Circulation Element Plan to include proposed Class I, off street, routes along portions of the current Class III routes in the existing plan. In addition, the Postal Route which serves as an alternative to Pierce Road and Sunnyvale Saratoga Road was added into the Plan as the recommended Class III Bike Route. Portions of Pierce Rd. and Big Basin Way presently identified as Class III are now proposed to be future proposed Class I and III routes given recent opportunities that have come to light. This keeps them in the General Plan and eligible for future VTA funding if applicable. The present Class III designated route on Mt. Eden Rd. is dropped. We would like to post an updated Bicycle map on the city website showing the existing routes labeled on the attached map draft (pink, green, brown and purple.) Other points made in the Consultant recommendation were discussed and the previously acknowledged changes are incorporated in the Plan - things related to signage, parking in Bike lanes, etc. 202 !!!"# $ %& "' ( MEMORANDUM Date: April 9, 2009 To: John Cherbone, City of Saratoga, Public W orks Director From: Franziska Church/Sohrab Rashid Subject: City of Saratoga Existing and Proposed Bicycle Facilities 1025-446 Fehr & Peers worked with City staff and the City’s Pedestrian, Equestrian and Bicycle Advisory Committee (PEBTAC) to develop recommendation for modifications to the City’s Existing and Proposed Bicycle Facilities map that is included Circulation and Scenic Highway Element of the City’s General Plan. The revised map is attached as Figure 1 and illustrates the proposed bicycle facilities network for the City of Saratoga. Bicycle facilities are commonly designated as bike paths, bike lanes, and bike routes. Bike paths (Class I) are paved pathways separated from roadways that are designated for the exclusive use of bicycles and pedestrians. Bike lanes (Class II) are lanes for bicyclists adjacent to the outside vehicle travel lanes. Bike routes (Class III) are generally located on low volumes streets that provide alternate routes for recreational, and in some cases, commuter, and school-age cyclists. These facilities are signed for bike use, but have no separated bike right-of-way or lane striping. Some of the recommended modifications as compared to the current bicycle facilities map include: · Removing Class III facility designations on Big Basin W ay, Mount Eden Road, and portions of Pierce Road · Adding Class III bic ycle facilities onto Miller Avenue, 4th Street, Elva Avenue, Saraview Drive, Surrey Lane, Arroyo DeArguello, and W ardell Road · Adding proposed Class I bicycle facilities along portions of Congress Springs Road (SR 9) and Pierce Road · Adding proposed Class III bicycle facilities along portions of Big Basin Way (SR 9) and Pierce Road The proposed bicycle designations illustrated on Figure 1 are appropriate for the type of roadways on which they are located and enhance bicycle connectivity throughout the City. Fehr & Peers recommends that the City of Saratoga adopt the revised Existing and Proposed Bicycle Facilities map. In addition to the revisions to the bicycle map, Fehr & Peers recommends that the first 500 feet of the southbound curb at the south west corner of the Lawrence Expressway/Saratoga Avenue intersection be painted red and be posted as No Stopping. The proposed signs would discourage and prohibit vehicles from stopping on this segment of Saratoga Avenue. 203 RESOLUTION NO. MV______ RESOLUTION PARKING RESTRICTION ON SARATOGA AVENUE The Cit y Council of the Cit y o f Saratoga hereby resolves as fo llows: I. Based upon an engineering and traffic study, the following parking restrictions shall be designated on Saratoga Avenue in the location specified below: NAME OF STREET LOCATION RESTRICTION Saratoga Avenue Starting at the northwest corner of Saratoga Avenue where it intersects with Lawrence Expressway and continuing south for five hundred (500) feet No Parking or Stopping Anyt ime II. All prior resolutions and other enactments imposing a parking restriction at the location specified above are hereby repealed to the extent of their inconsistency with the restriction specified above. III. This reso lution shall beco me effective at such time as the signs and/or markings are installed. The above and foregoing reso lut ion was passed and adopted by the Cit y Council of the Cit y of Saratoga at a regular meet ing held on the 15th day of April, 2009, by the fo llo wing vote: AYES: NOES: ABSTAIN: ABSENT: ______________________________ Chuck Page, Mayor ATTEST: ____________________________ Ann Sullivan, Cit y Clerk 204 205 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Captain Terry Calderone DIRECTOR: SUBJECT: Recommendation to Withdraw from the Cal-ID Program RECOMMENDED ACTION: Accept presentation by Captain Calderone and Sheriff Laurie Smith to pull funding from the Cal-Id program until such time that funding options are changed to represent actual use by the city. REPORT SUMMARY: CAL-ID is a program administered by the County District Attorney’s Office and conducted by the City of San Jose for automation of the fingerprint identification system. Fingerprints are submitted by participating agencies which are scanned into the system for later retrieval. When a crime occurs and latent prints are recovered, the prints are scanned into the system and used to search for a match. In the instance that a match is not found locally, an inquiry can be made to the national system. Many crimes have been solved due to the automated fingerprint database system. The system is funded through two sources. 1) VLF fees dedicated to equipment purchases and 2) Fees paid by member agencies. The fees are assessed by a population based formula. Santa Clara County recently conducted an audit of the Cal-ID program. The audit showed among other things that the current allocation formula based upon population, when compared to system usage, was not a valid metric. Many cities were over/undercharged. The Cities of Saratoga, Cupertino and Los Altos Hills, served by the Sheriff’s Office, were overcharged by $114,297 last year alone. (Saratoga’s share; $38,852). The audit recommends changing the allocation formula to reflect actual usage. The Police Chiefs have recommended NOT to proceed with the re-allocation formula for FY 2010, and have recommended staying with the current formula based on population. The cities contracted to the Sheriff’s Office have considered pulling out of the system if they cannot come to terms with the CAL-ID board. The Sheriff’s Office provides a subset of automated fingerprint services at a much lower cost, and will make assurances that the prints will be processed in an expedient manner. The Police Chiefs and RAN Board may consider moving to the new allocation formula (Based on Actual Use $20 per use) next year, at which time the City can reconsider participating in the program. I will keep you updated as the issue matures. Note: The City of Cupertino has provided a letter to Cal-ID indicating their withdrawal from the program. Los Altos Hills will also be providing Cal-ID with a similar request. 206 Page 2 of 2 FISCAL IMPACTS: City of Saratoga gains $39,918, the total cost allocated to the program. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Fiscal impact paying $39,918 when the City’s actual cost to the Cal-ID program was only $1,006. ALTERNATIVE ACTION(S): Continue in the Cal-ID program for one more year, and wait to see if next FY the Chiefs Association and RAN Board decide to move toward a recommended reallocation formula allowing cities to pay into the program based on use rather than population. FOLLOW UP ACTION(S): Review next Fiscal Year to see if new allocation formula is put in place. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: N/A 207 Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: April 15, 2009 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: Deputy City Clerk SUBJECT: City Council Summer Schedule RECOMMENDED ACTION: Accept staff report and direct staff accordingly on the City Council summer schedule. The Council may choose one of following options. 1. Maintain the current summer schedule; with the Council not having a meeting on the third Wednesday in August. (August 19) 2. Schedule the Council recess for the first Wednesday of August (August 5), rather than the third Wednesday of August. 3. Cancel August City Council meetings. REPORT SUMMARY: At the end of the April 1, 2009 Council meeting, Mayor Chuck Page brought up the topic of changing the date of the Council’s summer recess. The City Council recess has been scheduled to be the third Wednesday of August in past years. The Mayor asked staff to inquire about the practices of other cities and to ask council members to register their preferences. The City Clerk conducted a poll of other cities in California through the City Clerk listserve. Over 70 City Clerks responded. The results are as follows: · 19 cities do not take a summer break · 9 cities have no meeting on the first meeting in August · 19 cities have no meeting on the second meeting in August · 14 have no meetings in August at all · A small number of the cities take a break during one of the weeks in July. At the Saratoga Union Elementary School District, teachers go back to work on August 20 and students start on August 24. At Saratoga High, the students start orientation on August 18-21 and school starts on August 24. At the two private elementary schools, St. Andrews and Sacred Heart, school starts on August 26, 2009. FISCAL IMPACTS: N/A 208 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Council schedule will stay the same as it is now. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Change schedule on Council meeting calendar and on website. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: N/A 209