HomeMy WebLinkAbout11-04-2015 City Council agenda packet1
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
NOVEMBER 4, 2015
SPECIAL MEETING – 5:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM, CITY
HALL, 13777 FRUITVALE AVENUE
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.
ADJOURN TO CLOSED SESSION – 5:00 P.M.
CONFERENCE WITH LABOR NEGOTIATORS (Gov’t Code 54957.6)
Agency Designated Representatives: City Manager James Lindsay, City Attorney Richard
Taylor, Human Resources Manager Monica LaBossiere
Employee Organization: Saratoga Management Organization
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code
Section 54956.9(d)(1))
Saratoga et al. v. California Department of Transportation (Santa Clara County Superior Court
Case No. 115CV281214)
CALL JOINT MEETING TO ORDER – 6:00 P.M.
1. West Valley-Mission Community College Board of Trustees, Chancellor, and President
Recommended Action:
Informational Only
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City
Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale
Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the
posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by
staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time
they are distributed to the City Council.
2
In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please
contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II]
Certificate of Posting of Agenda:
I, Debbie Bretschneider, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the
meeting of the City Council was posted and available for public review on October 30, 2015 at the City of Saratoga,
13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us.
Signed this 30th day of October 2015 at Saratoga, California
Debbie Bretschneider, Acting City Clerk
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with West Valley‐Mission Community College Board of
Trustees, Chancellor, and President
November 4, 2015 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m.
6:15 p.m.
Introductions
West Valley‐Mission Community College News & Upcoming
Activities
6:45 p.m. Other Remarks & Wrap Up
Dinner is provided during the Joint Meeting.
The Regular City Council Meeting begins at 7:00 p.m. in the Civic Theater.
Joint meeting attendees are invited to attend the Regular Meeting and share
an overview of the joint meeting with the public during Oral Communications.
Table of Contents
Agenda 2
Proclamations for 2015 Synopsys Silicon Valley Science and
Technology Championship Participants from Saratoga
Staff report 6
Att A -Commendations 7
Proclamation for Pancreatic Cancer November Awareness
Month
Staff report 19
ATT A -Proclamation 20
Presentation on Community Choice Energy from the Silicon
Valley Community Choice Energy Partnership
Staff report 21
City Council Meeting Minutes
Staff report 22
ATT A -Minutes for 10-21-2015 23
Review of Accounts Payable Check Registers
Staff Report 31
10/20/2015 Check Register 32
10/29/2015 Check Register 39
Amend City Council Resolution 15-054 for the Design Review /
Variance Approval of 21794 Heber Way
Staff Report - 21794 Heber Way 44
Att 1 Amended Resolution 46
Amended 2015 City Council Assignments – Public Art Ad Hoc
Committee
Staff Report 56
ATT A -Resolution 57
ATT B - Amended Assignments 2015 58
Street Dedication and Acceptance of a portion of Quito Road
Staff Report 59
Attachment A: Offer to Dedicate Property for Street
Purposes 61
Attachment B: Resolution Accepting Offer 65
Attachment C: Certificate of Acceptance 67
Proposed amendments to Articles 7-45 and 7-50 of the
Saratoga City Code Concerning Commercial and Residential
Property Maintenance
Staff Report Dead Tree Nuisance 68
Att A - Dead Tree Nuisance Ordinance 71
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Page 1 of 4
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
The agenda for this meeting was properly posted on October 30, 2015.
REPORT FROM CLOSED SESSION
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3) minutes
on matters not on this agenda. The law generally prohibits the Council from discussing or
taking action on such items. However, the Council may instruct staff accordingly regarding Oral
Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards & Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Proclamations for 2015 Synopsys Silicon Valley Science and Technology Championship
Participants from Saratoga
Recommended action:
Present proclamations to Saratoga students who participated in the Synopsys Silicon Valley
Science and Technology Championship in 2015.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
NOVEMBER 4, 2015
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Page 2 of 4
2. Proclamation for Pancreatic Cancer November Awareness Month
Recommended action:
Present the proclamation to the Silicon Valley Chapter of the Pancreatic Cancer Action
Network.
SPECIAL PRESENTATIONS
3. Presentation on Community Choice Energy from the Silicon Valley Community Choice
Energy Partnership
Recommended action:
Receive presentation
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted in
one motion, unless removed by the Mayor or a Council member. Any member of the public may
speak to an item on the Consent Calendar at this time, or request the Mayor remove an item
from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes.
4. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
October 21, 2015.
5. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
10/20/2015: Period 4
10/29/2015: Period 4
6. Amend City Council Resolution 15-054 for the Design Review / Variance Approval of
21794 Heber Way
Recommended action:
Approve an amendment to Resolution 15-054
7. Amended 2015 City Council Assignments – Public Art Ad Hoc Committee
Recommended action:
Approve resolution amending City Council Member assignments for 2015.
8. Street Dedication and Acceptance of a portion of Quito Road
Recommended action:
Approve Resolution accepting Offer to Dedicate Property for Street Purposes for a portion of
Quito Road along 15470 Quito Road from Mr. Eddy Widjaja and Mrs. Ko Wang and
authorize the City Manager to sign the Certificate of Acceptance.
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.
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Page 3 of 4
9. Proposed amendments to Articles 7-45 and 7-50 of the Saratoga City Code Concerning
Commercial and Residential Property Maintenance
Recommended action:
Conduct a public hearing. Introduce and waive the first reading of the ordinance making
changes to Article 7-45 and Article 7-50 of the City Code.
OLD BUSINESS
None
NEW BUSINESS
None
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
Cities Association of Santa Clara County
Council Finance Committee
Valley Transportation Authority (VTA) Policy Advisory Committee
Valley Transportation Authority (VTA) H85 Policy Advisory Board
VTA Board West Valley Cities Alternate
West Valley Mayors and Managers Association
West Valley Solid Waste Management Joint Powers Authority
Vice Mayor Manny Cappello
Council Finance Committee
Hakone Foundation Board
Santa Clara County Housing and Community Development (HCD) Council Committee
Saratoga Area Senior Coordinating Council (SASCC)
West Valley Sanitation District
Council Member Emily Lo
Hakone Foundation Board & Executive Committee
KSAR Community Access TV Board
Santa Clara County Library Joint Powers Authority
Council Member Mary-Lynne Bernald
Association of Bay Area Governments
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County-Selection Committee
Saratoga Historical Foundation
Saratoga Sister City Organization
Council Member Rishi Kumar
Santa Clara County Expressway Plan 2040 Policy Advisory Board
Santa Clara Valley Water District Commission
Saratoga Chamber of Commerce & Destination Saratoga
Saratoga Ministerial Association
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CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to
the City Council by City staff in connection with this agenda are available at the office of the City Clerk
at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City
Council concurrently with the posting of the agenda are also available on the City Website at
www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available
for public review at the office of the City Clerk at the time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to
participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II)
Certificate of Posting of Agenda:
I, Debbie Bretschneider, Acting 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 October 30,
2015, 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 30th day of October 2015 at Saratoga, California.
Debbie Bretschneider, Acting City Clerk
NOTE: To view current or previous City Council meetings anytime, go to the City Video
Archives at www.saratoga.ca.us
11/04 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board
of Trustees
11/18 Regular Meeting – Joint Meeting with Senator Beall Jr.
12/02 Regular Meeting – Joint Meeting with Representative Low
12/16 Regular Meeting – Council Norms Study Session
Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative
Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue.
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2015
5
SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider,
SUBJECT: Proclamations for 2015 Synopsys Silicon Valley Science and Technology
Championship Participants from Saratoga
RECOMMENDED ACTION:
Present proclamations to Saratoga students who participated in the Synopsys Silicon Valley
Science and Technology Championship in 2015.
BACKGROUND:
The annual Synopsys Championship is a regional competition that
middle and high school students supported by their parents, teachers, and schools
annual Science Fair competition, hundreds of students
go beyond their classroom studies to do independent project
independently or in teams to address questions in the fields of Computer Science, Environmental
Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories.
The Synopsys Championship produces winners who go on to compete and win in other state and
national competitions, including the prestigious Intel International Science & Engineering Fair.
But whether or not a student wins, every student is celebrated and
other attending students, parents, teachers, mentors, sponsors, judges, and members of the public.
ATTACHMENTS:
Attachment A – Commendations for Science fair
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
Proclamations for 2015 Synopsys Silicon Valley Science and Technology
Participants from Saratoga
Present proclamations to Saratoga students who participated in the Synopsys Silicon Valley
Science and Technology Championship in 2015.
is a regional competition that celebrates achievement by
middle and high school students supported by their parents, teachers, and schools. Through the
Fair competition, hundreds of students in Santa Clara County are challenged to
their classroom studies to do independent project-based research. They work
independently or in teams to address questions in the fields of Computer Science, Environmental
Science, Medicine & Health, Chemistry, Biology, and a half dozen other categories.
The Synopsys Championship produces winners who go on to compete and win in other state and
national competitions, including the prestigious Intel International Science & Engineering Fair.
But whether or not a student wins, every student is celebrated and encouraged by the hundreds of
other attending students, parents, teachers, mentors, sponsors, judges, and members of the public.
Science fair participants
Proclamations for 2015 Synopsys Silicon Valley Science and Technology
Present proclamations to Saratoga students who participated in the Synopsys Silicon Valley
celebrates achievement by
Through the
are challenged to
independently or in teams to address questions in the fields of Computer Science, Environmental
The Synopsys Championship produces winners who go on to compete and win in other state and
national competitions, including the prestigious Intel International Science & Engineering Fair.
encouraged by the hundreds of
other attending students, parents, teachers, mentors, sponsors, judges, and members of the public.
6
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
RUPSA B. ACHARYA
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Rupsa Acharya won 1st Award for “The Effect of Carica Papaya Leaf Extract
on the Lifespan of C. elegans with Fatal Germ Line Tumors” at the Synopsys Science Championship
in the Medicine/Health/Gerontology category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Rupsa Acharya’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
7
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
ANDREW CHIANG
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Andrew Chiang won 1st Award for “Wind Winds Windmills” at the Synopsys
Science Championship in the Earth/Space Sciences category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Andrew Chiang’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
8
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
MACKENZIE LEE
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Mackenzie Lee won 1st Award for “The Effect of Vane Tilt Angles on the
Speed of a Revolving Lantern” at the Synopsys Science Championship in the Physics category; and
Honorable Mention at the California State Science Fair in the Aerodynamics/ Hydrodynamics
category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Mackenzie Lee’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
9
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
SADHIKA MALLADI
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Sadhika Malladi won 1st Award for “Systematic Rational Identification of
Sex-Linked Molecular Alterations and Therapies in Cancer” at the Synopsys Science Championship
in the RRI Biological Sciences category; and 2nd Award at the Intel International Science &
Engineering Fair in the Computational Biology and Bioinformatics category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Sadhika Malladi’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
10
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
NITYA MANI
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Nitya Mani won 1st Award for “Characterizing the Constructible n-Division
Points of the Rational Hypocycloids Through Straightedge and Compass Constructions” at the
Synopsys Science Championship in the RRI Physical Sciences category; and 3rd Award at the Intel
International Science & Engineering Fair in the Mathematics category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Nitya Mani’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
11
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
ISHA MEHROTRA
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Isha Mehrotra won 1st Award for “The Effect of Natural Compounds
Curcumin and Nicotinamide on alpha-Synuclein Accumulation in a Caenorhabditis Elegans Model
of Parkinson's Disease” at the Synopsys Science Championship in the Physics category; and 1st
Award at the California State Science Fair in the Zoology category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Isha Mehrotra’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
12
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
ROHAN MEHROTRA
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Rohan Mehrotra won 1st Award for “The Effect of Natural Compounds
Curcumin and Nicotinamide on alpha-Synuclein Accumulation in a Caenorhabditis Elegans Model
of Parkinson's Disease” at the Synopsys Science Championship in the Physics category; and 1st
Award at the California State Science Fair in the Zoology category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Rohan Mehrotra’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
13
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
RUCHI PANDYA
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Ruchi Pandya won 1st Award for “Design and Synthesis of a Novel Paper
Based Biosensor Platform for Health Diagnostics” at the Synopsys Science Championship in the
RRI Physical Sciences category; and 2nd Award at the Intel International Science & Engineering
Fair in the Chemistry category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Ruchi Pandya’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
14
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
KAMI RICHARDSON
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Kami Richardson won 1st Award for “Liquid Gold: The Effect of Light on
Maximizing the Production of Algae-Based Biofuels” at the Synopsys Science Championship in the
Ecology category; and Honorable Mention at the California State Science Fair in the Microbiology
(General) category; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Kami Richardson’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
15
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
MICHELLE XU
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Michelle Xu won 1st Award with the Santa Clara County Biotech Education
Partnership for “Breaking Antibiotic Resistant Biofilms with Natural Herbs” in the
Biochemistry/Microbiology category at the Synopsys Science Championship; and Michelle was a
Amgen Bay Area BioGENEius Challenge Finalist.
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Michelle Xu’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
16
COMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
AMY ZHANG
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Amy Zhang’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
17
COMMENDATION OF THE
CITY OF SARATOGA HONORING
SYNOPSYS SILICON VALLEY SCIENCE AND
TECHNOLOGY CHAMPIONSHIP PARTICIPANT
KRISTINE ZHANG
WHEREAS, the annual Synopsys Silicon Valley Science and Technology Championship
showcases the knowledge of science, technology, engineering, and mathematics of students in Santa
Clara County; and
WHEREAS, this regional competition celebrates achievement by middle and high school
students; and
WHEREAS, through the annual competition, hundreds of Santa Clara County’s students are
challenged to go beyond their classroom studies to do independent project-based research; and
WHEREAS, students work independently or in teams to address questions in the fields of
Computer Science, Environmental Science, Medicine & Health, Chemistry, Biology, and a half
dozen other categories; and
WHEREAS, the Synopsys Championship produces winners who go on to compete and win
in other state and national competitions, including the prestigious Intel International Science &
Engineering Fair; and
WHEREAS, whether or not a student wins, every student is celebrated and encouraged by
the hundreds of other attending students, parents, teachers, mentors, sponsors, judges, and members
of the public; and
WHEREAS, Kristine Zhang won 2nd Award for “A New Molecular Model for Congo Red-
Amyloid-Beta Interaction: Implications for Diagnosis and Inhibition of Brain Plaque Formation in
Alzheimer's Disease” at the Synopsys Science Championship in the RRI Physical Sciences category;
and won a Silver Award at the I-Sweep Olympiad in the Environment Category.
NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY recognizes the importance
of science and engineering by giving commendations to participants in the Synopsys Science Fair
and applauds Kristine Zhang’s achievements.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
______________________
Howard A. Miller, Mayor
City of Saratoga
18
SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider,
SUBJECT: Proclamation for Pancreatic Cancer November Awareness Month
RECOMMENDED ACTION:
Present the proclamation to the Silicon Valley Chapter of the Pancreatic Cancer Action Network
BACKGROUND:
November is Pancreatic Cancer Awareness Month.
Cancer Action Network has also asked for November 13 t
Cancer Day in Saratoga to bring awareness to this disease.
ATTACHMENTS:
Attachment A – Proclamation for Pancreatic Cancer Awareness Month
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
Pancreatic Cancer November Awareness Month
Silicon Valley Chapter of the Pancreatic Cancer Action Network
November is Pancreatic Cancer Awareness Month. The Silicon Valley Chapter of the Pancreatic
Cancer Action Network has also asked for November 13 to be declared as World Pancreatic
Cancer Day in Saratoga to bring awareness to this disease.
Pancreatic Cancer Awareness Month
Silicon Valley Chapter of the Pancreatic Cancer Action Network.
The Silicon Valley Chapter of the Pancreatic
o be declared as World Pancreatic
19
PROCLAMATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA DECLARING NOVEMBER 2015 AS
PANCREATIC CANCER AWARENESS MONTH
WHEREAS, pancreatic cancer is one of the deadliest cancers and is currently the seventh
leading cause of cancer death in the World; and
WHEREAS, in 2015, an estimated 48,960 people will be diagnosed with pancreatic cancer
in the United States and 40,560 will die from the disease, with approximately 4,240 deaths in
California alone; and
WHEREAS, when symptoms of pancreatic cancer present themselves, it is generally late
stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while
94 percent of pancreatic cancer patients die within the first five years; and
WHEREAS, the Pancreatic Cancer Action Network is a national organization serving the
pancreatic cancer community by advocating for public policy that brings awareness to and support
for pancreatic cancer, advancing research to develop effective treatments and a cure for pancreatic
cancer, providing patient services, and educating the public about pancreatic cancer; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby declare November 2015 as Pancreatic Cancer Awareness Month in the City of Saratoga and
recognizes the dedication of the many volunteers in Saratoga and elsewhere who strive to bring
awareness to pancreatic cancer, care for those with the disease, and seek new ways to treat and cure
pancreatic cancer.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of
Saratoga does hereby declare November 13 as WORLD PANCREATIC CANCER DAY in the
City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 4th day of
November 2015.
Howard A. Miller, Mayor
City of Saratoga
20
SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider,
SUBJECT: Presentation on the Silicon Valley C
RECOMMENDED ACTION:
Receive presentation.
BACKGROUND:
The Silicon Valley Community Choice Energy
Sunnyvale, Cupertino and Mountain View, and the County of Santa Clara (unincorporated
County areas). Eight other Santa Clara
participate in the Partnership’s Technical Study.
Community Choice Energy (CCE) is an opportunity to provide residents and businesses with a
new choice of an electricity provider. This new electricity prov
locally run and would buy power on the open market
Enabled through AB 117 (2002) and amended by SB 790 (2011), communities choosing to
participate can form a Joint Public Agency to pool the electricity demand of residents and
businesses and buy power on their behalf with their interests in mind.
continue to provide essential services as a partner, delivering the electricity over existing
infrastructure, maintaining the power lines, sending bills, and providing customer service.
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
Silicon Valley Community Choice Energy Partnership
ommunity Choice Energy Partnership is sponsored by the Cities of
Sunnyvale, Cupertino and Mountain View, and the County of Santa Clara (unincorporated
County areas). Eight other Santa Clara County cities, including Saratoga, have decided to
participate in the Partnership’s Technical Study.
Community Choice Energy (CCE) is an opportunity to provide residents and businesses with a
. This new electricity provider/agency would be entirely
ld buy power on the open market.
Enabled through AB 117 (2002) and amended by SB 790 (2011), communities choosing to
participate can form a Joint Public Agency to pool the electricity demand of residents and
businesses and buy power on their behalf with their interests in mind. Under CCE, PG&
continue to provide essential services as a partner, delivering the electricity over existing
infrastructure, maintaining the power lines, sending bills, and providing customer service.
is sponsored by the Cities of
Sunnyvale, Cupertino and Mountain View, and the County of Santa Clara (unincorporated
have decided to
Community Choice Energy (CCE) is an opportunity to provide residents and businesses with a
would be entirely
Enabled through AB 117 (2002) and amended by SB 790 (2011), communities choosing to
participate can form a Joint Public Agency to pool the electricity demand of residents and
Under CCE, PG&E would
continue to provide essential services as a partner, delivering the electricity over existing
infrastructure, maintaining the power lines, sending bills, and providing customer service.
21
SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the City Council minutes for
21, 2015.
BACKGROUND:
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A - Minutes for the Special
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
City Council Meeting Minutes
Approve the City Council minutes for the Special and Regular City Council Meeting on
Draft City Council minutes for each Council Meeting are taken to the City Council to be
reviewed for accuracy and approval. Following City Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
this report for Council review and approval.
Minutes will be retained for legislative history and posted on the City of Saratoga website.
Minutes for the Special and Regular City Council Meeting on October 21
on October
Draft City Council minutes for each Council Meeting are taken to the City Council to be
Council approval, minutes are retained for
legislative history and posted on the City of Saratoga website. The draft minutes are attached to
Minutes will be retained for legislative history and posted on the City of Saratoga website.
October 21, 2015
22
Page 1 of 8
MINUTES
WEDNESDAY, OCTOBER 21, 2015
SARATOGA CITY COUNCIL SPECIAL MEETING
At 6:00 p.m., the Saratoga City Council held a joint meeting with the Saratoga Historical
Foundation Board in the Administrative Conference Room at Saratoga City Hall at 13777
Fruitvale Avenue.
SARATOGA CITY COUNCIL REGULAR MEETING
Mayor Miller called the Regular Meeting to order at 7:01 p.m. and led the Pledge of Allegiance.
ROLL CALL
PRESENT: Mayor Howard Miller, Vice Mayor Manny Cappello, Council
Members Emily Lo, Mary-Lynne Bernald, Rishi Kumar
ABSENT: None
ALSO PRESENT: James Lindsay, City Manager
Richard Taylor, City Attorney
Debbie Bretschneider, Acting City Clerk
Mary Furey, Finance & Administrative Services Director
Erwin Ordonez, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation & Facilities Director
Kirk Heinrichs, Senior Project Manager
REPORT OF CITY CLERK ON POSTING OF AGENDA
Acting City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly
posted on October 16, 2015.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Barry Chang, Vice Mayor of Cupertino spoke about the Bay Area For Clean Environment group.
He invited the Council and the public to an event about Lehigh Cement Permanente Quarry put
on by Supervisor Simitian. It starts at 7 pm on Wednesday, November 4 at the Quinlan Center in
Cupertino.
Tim Brand also spoke about the Lehigh Cement Permanente Quarry public informational
meeting.
Paula Wallis also spoke about the Lehigh Cement Permanente Quarry public informational
meeting.
Oral Communications - Council Direction to Staff
None.
23
Page 2 of 8
Communications from Boards and Commissions
Saratoga Historical Foundation Board President Annette Stransky spoke about the joint meeting
with the City Council. She announced that on October 25 the museum is presenting a free event,
India Showcase day from 1-4 p.m. A new exhibit on traditions of Holidays opens at the Open
House on the day after Thanksgiving, November 27. Membership is $40 a year and you receive a
newsletter on history of Saratoga and events in Saratoga and 10% off in gift shop. There is also a
$2,000 lifetime membership. www.saratogahistory.com
The Saratoga Historical Foundation Board is raising money for a replica Blacksmith Shop for
students to interact with when they visit the museum. Also on the 3rd weekend in March the
museum organizes the Blossom Festival and are looking for volunteers for that event.
Mayor Miller thanked all the volunteers that keep the museum functioning.
Council Direction to Staff
None.
ANNOUNCEMENTS
Council Member Kumar announced that the Silicon Valley Young Coder’s Club Start-up
bootcamp, Entrepreneurship 101, has already started. Located at Joan Pisani Community Center
and it lasts 6 weeks, every Sunday at 3 pm. Starting on January 22 there will be a semester long
program on how to innovate and June 12 will be the day for the innovators to present their
projects. http://www.siliconvalleycoders.org
Council Member Kumar also announced that there was a sold out Dandia event last week. He
also announced the November 14 Diwali Mela Festival of Lights, www.saratogadiwali.org, 6:30-
11 p.m. at the Joan Pisani Community Center.
Council Member Bernald announced the Great America Smoke Out on November 19, 2015.
She also mentioned the Saratoga Historical Museum’s free India Showcase Day on Oct. 25. Also
that Ray Coysn will be giving a program on Saratoga history at 2 pm on October 25. On October
31 is the Witch-Walk-About in downtown Saratoga from 2-4 p.m. for all the little trick-or-
treaters.
Council Member Lo announced the opening of a mini book store at the Joan Pisani Community
Center from Book-Go-Round and the benefits go to the Saratoga Library.
Vice Mayor Cappello announced that also on October 31 from 10 a.m. to 1 p.m. is the Health
and Wellness Expo, put on by the Senior Center. This is a free event with free health screenings
and flu shots and will be at the Joan Pisani Community Center.
http://www.sascc.org/community-events/
Mayor Miller showed the Fall Recreation Guide and highlighted the Parent’s Night Out Event
where parents can bring their children from 6-11 years old to the Joan Pisani Community Center.
http://www.saratoga.ca.us/cityhall/rec/default.asp
Mayor Miller also announced the Quarry Park grand opening on October 31 at 10:30 a.m. with
free shuttle buses at 9:30 am in the Village up to the Quarry. There is not enough parking at the
24
Page 3 of 8
Quarry! There will be give-aways of water bottles and logo pins. The Council is hoping that this
will be the first stage of Saratoga-to-the-Sea trail.
http://www.saratoga.ca.us/whatsnew/quarry_park.asp
CEREMONIAL ITEMS
1. Commendation for 100th Anniversary of Hakone Estate and Gardens
Recommended action:
Present the commendation to the Hakone Foundation President and Board.
The City Council presented the commendation to Ann Waltonsmith, President of the Hakone
Board, and other Board members.
SPECIAL PRESENTATIONS
2. Presentation on Silicon Valley Turkey Trot
Recommended action:
Receive presentation on the 2015 Silicon Valley Turkey Trot.
The City Council received the presentation on the Silicon Valley Turkey Trot from Wendi
Baker of Summer Hill Homes. Summer Hill is a supporter of the Turkey Trot and especially
of the Mayor’s Cup. www.svturkeytrot.com Everyone and every age can sign-up for a fee
of $44 each.
CONSENT CALENDAR
3. City Council Meeting Minutes
Recommended action:
Approve the City Council minutes for the Special and Regular City Council Meeting on
October 7, 2015.
CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES
FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON OCTOBER
7, 2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR.
NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
4. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment cycles:
10/06/2015: Period 4
10/13/2015: Period 4
CAPPELLO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/06/2015: PERIOD 4
AND 10/13/2015: PERIOD 4. MOTION PASSED. AYES: MILLER, CAPPELLO, LO,
BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
5. Treasurer’s Report for the Month Ended July 31, 2015
Recommended action:
Review and accept the Treasurer’s Report for the month ended July 31, 2015.
25
Page 4 of 8
Council Member Bernald removed this item from the Consent Calendar to thank staff for the
hard work in creating a quality report.
BERNALD/CAPPELLO MOVE TO ACCEPT THE TREASURER’S REPORT FOR
THE MONTH ENDED JULY 31, 2015. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE
6. Second Reading of Amendments to City Code Article 4-55 Massage Establishments and
Massage Practitioners
Recommended action:
Waive the second reading and adopt the attached ordinance revising City Code Article 4-55
Massage Establishments and Massage Practitioners.
ORDINANCE 334
CAPPELLO/BERNALD MOVED TO WAIVE THE SECOND READING AND ADOPT
THE ATTACHED ORDINANCE REVISING CITY CODE ARTICLE 4-55
MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE
7. Declaration of Surplus Vehicles and Authorization of Disposal
Recommended action:
Move to declare the following vehicles as surplus and authorize their disposal:
1. 2006 1 Ton Dump Truck Vehicle # 110 (Street Division)
2. 2006 1 Ton Dump Truck Vehicle # 111 (Street Division)
3. 2006 1 Ton Dump Truck Vehicle # 112 (Parks Division)
Council Member Kumar and Council Member Bernald removed this item from the Consent
Calendar to ask Public Works Director John Cherbone some questions about the replacement
policy.
KUMAR/LO MOVED TO DECLARE THE FOLLOWING VEHICLES AS SURPLUS
AND AUTHORIZE THEIR DISPOSAL:
1. 2006 1 TON DUMP TRUCK VEHICLE # 110 (STREET DIVISION)
2. 2006 1 TON DUMP TRUCK VEHICLE # 111 (STREET DIVISION)
3. 2006 1 TON DUMP TRUCK VEHICLE # 112 (PARKS DIVISION).
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE
8. Cooperative Agreement for Joint Paving Work at the Intersection of Saratoga-Sunnyvale
Road and Prospect Road
Recommended action:
Approve Cooperative Agreement for joint paving work at the intersection of Saratoga-
Sunnyvale Road and Prospect Road and authorize the City Manager to execute the same.
Council Member Bernald removed this item from the Consent Calendar to ask Public Works
Director John Cherbone some questions about paving this section of roadway.
26
Page 5 of 8
BERNALD/LO MOVED TO APPROVE COOPERATIVE AGREEMENT FOR JOINT
PAVING WORK AT THE INTERSECTION OF SARATOGA-SUNNYVALE ROAD
AND PROSPECT ROAD AND AUTHORIZE THE CITY MANAGER TO EXECUTE
THE SAME. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
9. Landscaping and Lighting Assessment District LLA-1; Resolutions initiating renewal of the
District for FY 16-17
Recommended action:
1. Move to adopt the Resolution describing improvements and directing preparation of the
Engineer’s Report.
2. Move to adopt the Resolution appointing the Attorney’s for the District.
Council Member Kumar removed this item from the Consent Calendar to ask Public Works
Director John Cherbone some questions about how surveillance cameras could be part of a
Landscaping and Lighting Assessment District.
RESOLUTION 15-063 & 15-064
KUMAR/CAPPELLO MOVE TO ADOPT THE RESOLUTION DESCRIBING
IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER’S
REPORT AND MOVE TO ADOPT THE RESOLUTION APPOINTING THE
ATTORNEY’S FOR THE DISTRICT. MOTION PASSED. AYES: MILLER,
CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT:
NONE
NEW BUSINESS
10. Authorize the City Manager to Enter Into a Professional Services Agreement with Godbe
Research for Public Opinion Polling for the Saratoga Village Plan Update Process
Recommended action:
Adopt a resolution authorizing the City Manager to enter into a professional services
agreement with Godbe Research for public opinion polling in support of the Saratoga Village
Plan Update Process for an amount not to exceed $28,670.
Senior Project Manager Kirk Heinrichs presented the staff report and a presentation.
Charles Hester, Godbe Vice President gave information about the Godbe company.
Mike Cohen from Peak Democracy gave a presentation on the Open Town Hall website.
Mayor Miller asked the Council for their questions to staff.
Mayor Miller invited public comment on the item.
No one requested to speak.
Mayor Miller took a break to bring the Prospect High School students in the audience to
come on stage and introduce themselves.
27
Page 6 of 8
RESOLUTION 15-065
CAPPELLO/ BERNALD MOVE TO ADOPT A RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT
WITH GODBE RESEARCH FOR PUBLIC OPINION POLLING IN SUPPORT OF
THE SARATOGA VILLAGE PLAN UPDATE PROCESS FOR AN AMOUNT NOT
TO EXCEED $28,670. DIRECTION TO STAFF TO BRING BACK A PROGRESS
REPORT ON THE OUTREACH EFFORT ON DECEMBER 16, 2015. MOTION
PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE
11. Consider Partnership with Montalvo Arts Center to Display Art in Public Spaces
Recommended action:
Provide direction to staff.
City Manager James Lindsay presented staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
BERNALD/LO MOVE TO CREATE A COUNCIL AD-HOC COMMITTEE TO
START A DISCUSSION WITH MONTALVO ARTS ON A PARTNERSHIP WITH
THE CITY TO DISPLAY ART IN PUBLIC PLACES. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE
CAPPELLO/LO MOVE TO AMEND BY NAMING COUNCIL MEMBERS LO AND
BERNALD TO BE ON THE PUBLIC ART AD-HOC. MOTION PASSED. AYES:
MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE
12. Letter to Congresswoman Eshoo Supporting Local Control
Recommended action:
Authorize Mayor Miller to sign the letter on behalf of the City Council.
City Manager James Lindsay presented the staff report.
Mayor Miller invited public comment on the item.
No one requested to speak.
CAPPELLO/LO MOVE TO APPROVE SENDING THIS LETTER TO
CONGRESSWOMAN ESHOO AND TO HAVE ALL COUNCIL MEMBERS SIGN
THE LETTER. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Howard Miller
28
Page 7 of 8
Valley Transportation Authority (VTA) H85 Policy Advisory Board –reported that it has not
starting meetings yet.
Vice Mayor Manny Cappello
Santa Clara County Housing and Community Development (HCD) Council Committee –starting
to meet again next month about the disbursement of the CBDG block grant dollars.
Saratoga Area Senior Coordinating Council (SASCC) –meeting next week.
West Valley Sanitation District –most of the meeting was closed session.
Council Member Emily Lo
KSAR Community Access TV Board –a representative of KCAT attended the meeting. KCAT is
the community TV for Los Gatos and wants to collaborate with KSAR. Also, the video loop
program (a slide presentation featuring the City) is moving forward. It is currently in the Joan
Pisani Community center and is being expanded to include a monitor in the City Hall Building
Department lobby and the Chamber of Commerce.
Santa Clara County Library Joint Powers Authority--member of task force to investigate about the
formation of a Santa Clara County Library Foundation. The goal is to support the district-wide
library events that are not covered by the Friends of the Library groups. Going to JPA next week
for formal ratification.
Council Member Mary-Lynne Bernald
Association of Bay Area Governments –participated on a conference call on October 13 about
potential takeover by MTC.
Cities Association of Santa Clara County –attended the meeting and Manny Cappello was
selected as Secretary/Treasurer for the Cities Association of Santa Clara County.
Saratoga Historical Foundation--last meeting was getting ready for the fundraiser they had last
week.
Council Member Rishi Kumar
Santa Clara Valley Water District Commission –taking the Santa Clara Valley Water District
Water Walk Delta Tour on Friday, October 30.
CITY COUNCIL ITEMS
Council Member Kumar announced that from the California League of Cities, he was elected to
the Asian Pacific Islander (API) caucus, and he received a $5000 scholarship from this group to
the University of California Local Leaders Program.
Council Member Lo asked for a discussion of a policy on Council Members joining outside
organizations. Mayor Miller seconded this request.
CITY MANAGER’S REPORT
None.
ADJOURNMENT
CAPPELLO/BERNALD MOVED TO ADJOURN THE MEETING AT 10:49 P.M.
MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
29
Page 8 of 8
Minutes respectfully submitted:
Debbie Bretschneider, Acting City Clerk
City of Saratoga
30
Gina Scott, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
10/20/15 129239 129323 85 594,247.08 10/20/15 10/13/15 129238
10/29/15 129324 129372 49 184,390.99 10/29/15 10/20/15 129323
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
10/20/15 129247 Bay Cities Automatic Gates PW 20,361.12
10/20/15 129252 Comp Shared Risk/ABAG Various 39,307.54
10/20/15 129292 SCC Office of the Sheriff General PS 414,423.33
10/29/15 129334 PW 39,975.00
10/29/15 129342 PW 37,036.70
10/29/15 129362 Shute, Mihaly & Weinberger General Various 21,386.19
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
Duran & Venables, Inc.Park In Lieu Fees Quarry Park
Park In Lieu Fees Quarry Park
Fund Purpose
PREPARED BY:
SARATOGA CITY COUNCIL
MEETING DATE:November 4, 2015
DEPARTMENT:Finance & Administrative Services
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SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: Community Development Department
PREPARED BY: Michael Fossati, Planner
SUBJECT: Amend City Council Resolution 15
Approval of 21794 Heber Way
RECOMMENDED ACTION:
Approve an amendment to Resolution 15
BACKGROUND:
On September 2, 2015 the City Council granted an appeal of Variance (VAR11
Design Review (PDR 11-003) and adopted
document granting the Variance and Design Review
located at 21794 Heber Way.
The City was made aware by the owners of 21790 Heber Way
Condition of Approval 14 of Resolution 15
trees along the shared property line. The Condition currently
· Protective Tree Fencing. The applicant shall be required to construct tree protective
fencing along the eastern property line adjac
the existing 18 California Pepper and Australian Willow trees, prior to obtaining a
building permit.
Staff recommends amending Resolution 15
Condition 14:
· Protective Tree Fencing. The applicant shall be required to construct tree protective
fencing along the eastern property line adjacent to 21790 Heber Way, in order to protect
any existing trees with any portion of the tree's tru
21790 Heber Way side property line
The attorney representing the property owners of
amendment to Resolution 15-054 and ha
property owners of 21790 Heber Way to inf
SARATOGA CITY COUNCIL
, 2015
Community Development Department
Michael Fossati, Planner
Amend City Council Resolution 15-054 for the Design Review / Variance
Heber Way
Resolution 15-054
On September 2, 2015 the City Council granted an appeal of Variance (VAR11-0001) and
003) and adopted Resolution 15-054.The resolution is the
Variance and Design Review approval for a new two-story residence
by the owners of 21790 Heber Way that the text of Section B,
Resolution 15-054 incorrectly identifies the species and number of
The Condition currently reads:
Protective Tree Fencing. The applicant shall be required to construct tree protective
fencing along the eastern property line adjacent to 21790 Heber Way, in order to protect
the existing 18 California Pepper and Australian Willow trees, prior to obtaining a
Resolution 15-054 to state the following under Section B,
Tree Fencing. The applicant shall be required to construct tree protective
fencing along the eastern property line adjacent to 21790 Heber Way, in order to protect
any existing trees with any portion of the tree's trunk located along or within five feet o
property line, prior to obtaining a building permit.
The attorney representing the property owners of 21794 Heber Way has reviewed the proposed
054 and has no concerns. Additionally, staff has contacted the
property owners of 21790 Heber Way to inform them of the proposed change.
054 for the Design Review / Variance
0001) and
resolution is the official
story residence
the text of Section B,
ly identifies the species and number of
Protective Tree Fencing. The applicant shall be required to construct tree protective
ent to 21790 Heber Way, in order to protect
the existing 18 California Pepper and Australian Willow trees, prior to obtaining a
054 to state the following under Section B,
Tree Fencing. The applicant shall be required to construct tree protective
fencing along the eastern property line adjacent to 21790 Heber Way, in order to protect
nk located along or within five feet of
proposed
no concerns. Additionally, staff has contacted the
44
ATTACHMENTS:
Attachment A – Resolution 15-054 (with strike-through and edits)
45
RESOLUTION NO: 15-054
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
GRANTING AN APPEAL AS TO VARIANCE (VAR11-0001)
AND DESIGN REVIEW APPROVAL (PDR11-0003),
FOR A NEW TWO STORY SINGLE-FAMILY RESIDENCE
LOCATED AT 21794 HEBER WAY (APN 503-31-067)
WHEREAS, on February 3, 2011, an application was submitted by Eric Keng and Steve
Sheng (“applicant”) requesting Design Review and Variance approvals to construct a new two story
home located at 21794 Heber Way. The project has a total floor area of 4,989 square feet. The
height of the proposed residence is approximately 25 feet. Variance approvals would be required
for this project to be approved because the project includes a 99 foot front setback (131 foot
setback required), a 22 foot side setback along the southeast property line (45 foot setback
required), and a 35 foot side setback along the eastern property line (45 foot setback required).
The site is located within the Hillside Residential Zoning District (APN 503-31-067). The
foregoing work is described as the “Project” in this Resolution.
WHEREAS, the Community Development Department completed a preliminary review for
the project in accordance with the California Environmental Quality Act (CEQA), and recommends
that the City Council determine this project exempt from CEQA pursuant to CEQA Guidelines - 14
C.C.R. Section 15303- “New Construction or Conversion of Small Structures.”
WHEREAS, on September 24, 2014, the Planning Commission opened the public hearing
agenda and continued the project at the request of the applicant to the meeting of October 22, 2014.
WHEREAS, on October 22, 2014 and May 27, 2015, the Planning Commission held a duly
noticed public hearing on the subject application, and considered evidence presented by City Staff,
the applicant, and other interested parties, and denied the application for the Project; and
WHEREAS, on June 8, 2015, an appeal to the City Council was filed by Steve Sheng
(“appellant”); and
WHEREAS, on September 2, 2015, the City Council held a duly noticed public hearing on
the subject appeal, and considered the proposed project and the evidence presented by City Staff,
the appellant, the applicant, and other interested parties.
NOW THEREFORE, after careful consideration of the APPEAL, application, site plan,
architectural drawings, plans, CEQA documentation, and other materials, exhibits and evidence
submitted to the City in connection with this matter, the Decision of the City Council is as follows:
(a) the exemption from CEQA is approved;
(b) the required FINDINGS FOR THE VARIANCES REQUESTED (VAR11-0001) ARE
MADE AND THE APPEAL IS GRANTED AS TO THE VARIANCES APPLIED
FOR; and
46
Resolution No. 15-054
(c) the required FINDINGS FOR DESIGN REVIEW APPROVAL (PDR11-0003) ARE
MADE AND THE APPEAL IS GRANTED AS TO THE DESIGN REVIEW
APPROVAL APPLIED FOR.
Based on the foregoing, the City Council of the City of Saratoga hereby approves the Project to
construct a new two story home located at 21794 Heber Way, subject to the Conditions of Approval
attached hereto as Exhibit A.
The City Council further finds, determines and resolves as follows:
Section 1 Recitals True and Correct: The recitals set forth above are true and correct and
incorporated herein by reference. 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.
Section 2 CEQA Exemption: The project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines - 14 C.C.R. Section 15303,
“New Construction or Conversion of Smaller Structures.” The proposed project is one single-
family residence.
Section 3 Variance Findings: The findings required for a variance approval pursuant to
City Code Section Article 15-70.060 are set forth below and the applicant/appellant has met the
burden of proof to support making all of those required findings for issuance of the Variances
sought for the front setback and the two side setbacks:
(a) That because of special circumstances applicable to the property, including size,
shape, topography, location or surroundings, strict enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners of other
properties in the vicinity and classified in the same zoning district. This finding can
be made in the affirmative in that the uniqueness of the site would restrict development
to a relatively small portion of the lot due to geological constraints and restrictive open
space easements. The lot is 6.05 acres in size and only one other lot in the neighborhood
is of comparable size. Due to the 5.61 acre open space easements and geological
constraints, the City Code requirement that the setbacks be based on a percentage of the
lot width and depth would result in a building envelope of approximately 1,100 square
feet. This small building envelope is not consistent with the larger size residences
currently in the neighborhood. The strict enforcement of the setback regulations would
result in the development of a residence that would not be in scale with the neighborhood
or the property. Furthermore, the proposed setback variances for the front setback and
both side setbacks are consistent with the majority of residences within the area and will
not look out of place, nor adversely impact neighboring properties regarding views or
privacy.
47
Resolution No. 15-054
(b) That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and classified in
the same zoning district. This finding can be made in the affirmative in that the lot is
unique with special circumstances not typical of lots in the vicinity. Over 90% of the lot
is covered by open space easements which are not excluded when determining setback
requirements based on a percentage of the lot width and depth. The existing easements
and zoning regulations regarding determination of setback area heavily constricts the
buildable area for the site. The granting of the setback variance would not constitute a
special privilege because the proposed setbacks are similar to the majority of residences
in the neighborhood. The granting of the variance would allow the project essentially the
same privileges enjoyed by the neighboring developed parcels.
(c) That the granting of the variance will not be detrimental to the public health, safety
or welfare, or materially injurious to properties or improvements in the vicinity.
This finding can be made in the affirmative in that the proposed structure would not be
detrimental to the public health, safety or welfare, in that it would not adversely impact
neighboring properties regarding views or privacy and it has received Geotechnical
Clearance from the City Geologist. The project, as conditioned, would either meet or
exceed building permit requirements when constructed.
Section 4 Design Review Findings: The findings required for issuance of a Design
Review Approval pursuant to City Code Section Article 15-45.080 are set forth below and the
Applicant has met the burden of proof to support making all of those required findings:
(a) Site development follows the natural contours of the site, minimizes grading, and is
appropriate given the property’s natural constraints. This finding can be made in the
affirmative in that the proposed construction is within the most level portion of the site,
minimizes grading, and is appropriate given the natural constraints. The development
steps up the hillside (via the stairwell midway through the first floor) so as to minimize
grading and follow the natural contours of the site.
(b) All protected trees shall be preserved, as provided in Article 15-50 (Tree
Regulations). If constraints exist on the property, the number of protected trees,
heritage trees, and native trees approved for removal shall be reduced to an
absolute minimum. Removal of any smaller oak trees deemed to be in good health
by the City Arborist shall be minimized using the criteria set forth in Section 15-
50.080. This finding can be made in the affirmative in that the proposed construction
would not require the removal of any protected trees.
48
Resolution No. 15-054
(c) The height of the structure, its location on the site, and its architectural elements are
designed to avoid unreasonable impacts to the privacy of adjoining properties and
to community viewsheds. This finding can be made in the affirmative in that the
residence is significantly pushed back from the edge of the street. Privacy has been
mitigated by the applicant relocating the second floor terrace away from the side facing
the immediate neighbor, by altering the location of the high traffic areas on the first floor
away, and having five foot sills for all windows on the second floor facing the eastern
property line. Furthermore, additional measures to address privacy are a row of 31 new
photinia that have been proposed for planting adjacent to the eastern property line.
(d) The overall mass and the height of the structure, and its architectural elements are
in scale with the structure itself and with the neighborhood. This finding can be
made in the affirmative in that the proposed residence has been built into the hillside
thereby reducing the bulk of the structure and integrating it into the natural environment.
The varying, cascading rooflines and stone veneer break up the appearance of the front
façade while adding character and interest to the structure. The proposed size is
consistent with nearby structures thereby increasing compatibility with the neighborhood.
(e) The landscape design minimizes hardscape in the front setback area and contains
elements that are complementary to the neighborhood streetscape. This finding can
be made in the affirmative in that the landscaping plan proposes a driveway in the front,
surrounded by native trees, such as manzanita, California Live oak, and California bay
trees. The applicant has also proposed to plant new photinia along the eastern property
line to soften the elevation and provide a landscape buffer for the adjacent neighbor as
well as perennial beds to soften the views from the end of the cul-de-sac.
(f) Development of the site does not unreasonably impair the ability of adjoining
properties to utilize solar energy. This finding can be made in the affirmative in that
the project’s proposed height and setback from the nearest adjacent structure (+/- 80 feet)
would not unreasonably impair the adjoining property from utilizing solar energy.
(g) The design of the structure and the site development plan is consistent with the
Residential Design Handbook, pursuant to Section 15-45.055. This finding can be
made in the affirmative in that the project utilizes design techniques and incorporates
simple lines, appropriate setbacks, and a material selection which includes a natural color
exterior that would complement the streetscape and neighborhood. The applicant has
incorporated front and side wall plans that are in scale with adjacent residences and
incorporated cascading, hip roof forms to minimize large expanses of roof seen from the
street. Lastly, the project has setback the second story in proportion to the size of the lot
and proximity to neighbors.
49
Resolution No. 15-054
(h) On hillside lots, the location and the design of the structure avoid unreasonable
impacts to ridgelines, significant hillside features, community viewsheds, and is in
compliance with Section 15-13.100. This finding can be made in the affirmative in that
the project is not located on a ridgeline, significant hillside feature, nor community
viewshed.
PASSED AND ADOPTED by the City Council of the City of Saratoga on this 2nd 4th day of
September November 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________
Howard Miller, Mayor
Attest:
Debbie Bretschneider, Acting City Clerk
50
Resolution No. 15-054
CONDITIONS OF APPROVAL
PDR11-0003 AND VAR11-0001
21794 HEBER WAY
(APN 503-31-067)
A. GENERAL
1. All conditions below which are identified as permanent or for which an alternative period of
time for applicability is specified shall run with the land and apply to the landowner’s
successors in interest for such time period. No zoning clearance, or demolition, grading for this
project shall be issued until proof is filed with the city that a certificate of approval documenting
all applicable permanent of other term-specified conditions has been recorded by the applicant
with the Santa Clara County Recorder’s office in form and content to the Community
Development Director.
2. If a condition is not “Permanent” or does not have a term specified, it shall remain in effect until
the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent.
3. Conditions may be modified only by the Planning Commission unless modification is expressly
otherwise allowed by the City Code including but not limited to Sections 15-80.120 and/or 16-
05.035, as applicable.
4. The City shall mail to the Owner and Applicant a notice in writing, on or after the time the
Resolution granting this Approval is duly executed containing a statement of all amounts due to
the City in connection with this application, including all consultant fees (collectively
“processing fees”). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS
AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES
CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning
Clearance or Demolition, Grading, or Building Permit may be issued until the Community
Development Director certifies that all processing fees have been paid in full (and, for deposit
accounts, a surplus balance of $500 is maintained).
5. A Building Permit must be issued and construction commenced within 36 months from the date
of adoption of this Resolution or the Design Review and Variance Approval will expire unless
extended in accordance with the City Code.
6. The Project shall maintain compliance with all applicable regulations of the State, County, City
and/or other governmental agencies having jurisdiction including, without limitation, the
requirements of the Saratoga Zoning Regulations incorporated herein by this reference.
7. Prior to issuance of any Demolition, Grading, or Building Permit to implement this Design
Review Approval the Owner or Applicant shall obtain a “Zoning Clearance” from the
Community Development Director by submitting final plans for the requested permit to the
Community Development Department for review to ascertain compliance with the requirements
of this Resolution.
51
Resolution No. 15-054
8. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and
hold the City and its officers, officials, boards, commissions, employees, agents and
volunteers harmless from and against:
a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on
the subject application, or any of the proceedings, acts or determinations taken, done or made
prior to said action; and
b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner
relating to the performance of such construction, installation, alteration or grading work by
the Owner and/or Applicant, their successors, or by any person acting on their behalf.
In addition, prior to any Zoning Clearance from the Community Development Director, Owner
and Applicant shall execute a separate agreement containing the details of this required
Agreement to Indemnify, Hold Harmless and Defend, which shall be subject to prior approval
as to form and content by the City Attorney.
B. COMMUNITY DEVELOPMENT
9. Compliance with Plans. The development shall be located and constructed to include those
features, and only those features, as shown on the Approved Plans received May 19, 2015
denominated Exhibit "A" except that the stone veneer shall be wrapped around the front
elevation of the project. All proposed changes to the Approved Plans must be submitted in
writing with plans showing the changes, including a clouded set of plans highlighting the
changes. Such changes shall be subject to approval in accordance with Condition A.3, above.
10. A maximum of one wood-burning fireplace is permitted per habitable structure (e.g., main
house or guest house). All other fireplaces shall be gas burning.
11. Fences. Fences and walls shall comply with City Code Chapter 15-29.
12. All building exterior lighting shall be on a timer or motion detector to ensure that the lights do
not remain on during the evening when the building is not in use. Prior to building permit
issuance, the Applicant shall submit a final exterior lighting plan that complies with Section 15-
35.040(i) of the Zoning Ordinance. Specifically, the plan shall indicate that no exterior lighting
fixtures shall allow direct light rays to leave the project site, or allow direct light sources
(incandescent, fluorescent, or other forms of electric illumination) to be directly visible from
off-site locations. The plan shall also show that light levels will not exceed 100 foot lamberts
anywhere on the property. The plan shall be subject to review and approval by the Planning
Division of the Community Development Department prior to building permit issuance
13. Front yard landscaping and privacy screening. Front yard landscaping and privacy screening
protecting adjacent properties viewsheds shall be installed prior to final inspection and planting
of privacy elements shall occur as soon as reasonably practicable during project construction.
14. Protective Tree Fencing. The applicant shall be required to construct tree protective fencing
along the eastern property line adjacent to 21790 Heber Way, in order to protect the any existing
52
Resolution No. 15-054
18 California Pepper and Australian Willow trees with any portion of the tree’s trunk located
along or within five feet of 21790 Heber Way side property line, prior to obtaining a building
permit.
15. Landscape installation and replacement for screening or ornamentation. The landscaped area
required as a condition of this Design Review Approval shall be planted with materials suitable
for screening or ornamenting the site, whichever is appropriate, and plant materials shall be
replaced as needed to screen or ornament the site.
16. Landscape maintenance. Landscaped areas shall be watered, weeded, pruned, fertilized,
sprayed or otherwise maintained by the Owner as may be prescribed by the Community
Development Department;
17. Plumbing. All plumbing fixtures or irrigation systems shall be water conserving and otherwise
comply with City Code Section 16-75.030.
18 Noise limitations during construction. The noise level at any point twenty-five feet from the
source of noise shall not exceed 83 dBA during residential construction, and residential
construction, alteration or repair activities which are authorized by a valid City permit, or do not
require the issuance of a City permit, may be conducted only between the hours of 7:30 A.M.
and 6:00 P.M. Monday through Friday and between the hours of 9:00 A.M. and 5:00 P.M. on
Saturday. Residential construction shall be prohibited on Sunday and weekday holidays, with
the exception of that construction, alteration or repair activities which are authorized by a valid
City permit and which do not exceed fifty percent of the existing main or accessory structure
may be conducted between the hours of 9:00 A.M. and 5:00 P.M. on Sunday and weekday
holidays. A notice of applicable construction hour restrictions shall be posted conspicuously on
site at all times for all exterior residential construction activity requiring a City permit.
19. Construction and Demolition Debris Recycling Plan. Because this Design Review Approval
authorizes a construction, remodeling, or demolition project affecting more than two thousand
five hundred square feet of floor space the Applicant is required to provide to the Building
Official a construction and demolition debris recycling plan prior to the issuance of any
Demolition, Grading or Building Permit.
20. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a
project which requires a Building Permit, compliance with City Code Section 16-75.050
governing maintenance of construction project sites is required.
21. Stormwater. Disposition and treatment of stormwater shall comply with the applicable
requirements of the National Pollution Discharge Elimination System ("NPDES") Permit issued
to the City of Saratoga and the implementation standards established by the Santa Clara Valley
Urban Runoff Pollution Prevention Program (collectively the “NPDES Permit Standards”).
Prior to issuance of Zoning Clearance for a Demolition, Grading or Building Permit for this
Project, a Stormwater Detention Plan shall be submitted to the Community Development
Director for review and approval demonstrating how all storm water will be detained on-site and
in compliance with the NPDES Permit Standards. If not all stormwater can be detained on-site
due to topographic, soils or other constraints, and if complete detention is not otherwise required
53
Resolution No. 15-054
by the NPDES Permit Standards, the Project shall be designed to detain on-site the maximum
reasonably feasible amount of stormwater and to direct all excess stormwater away from
adjoining property and toward stormwater drains, drainageways, streets or road right-of- ways
and otherwise comply with the NPDES Permit Standards and applicable City Codes.
22. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to
the Building Division. These plans shall be subject to review and approval by the Community
Development Department Director or designee prior to issuance of Zoning Clearance. The
construction plans shall, at a minimum include the following:
a. Architectural drawings and other plan sheets consistent with those identified as Exhibit “A”
on file with the Community Development Department and referenced in Condition No. B.1
above;
b. The site plan shall contain a note with the following language: “Prior to foundation
inspection by the City, the Licensed Land Surveyor of record shall provide a written
certification that all building setbacks comply with the Approved Plans,” which note shall
represent a condition which must be satisfied to remain in compliance with this Design
Review Approval;
c. This signed and dated Resolution printed onto separate construction plan pages;
d. A boundary survey, wet-stamped and wet-signed by a Licensed Land Surveyor or Civil
Engineer authorized to practice land surveying. The stamp shall reflect a current license for
the land surveyor/engineer, the document shall be labeled “Boundary Survey,” and the
document shall not contain any disclaimers;
e. All additional drawings, plans, maps, reports, and/or materials required by the Building
Division.
C. PUBLIC WORKS
23. Broken Gutter and Curb – Applicant (owner) shall replace any and all broken section of
concrete curb and gutter along the property frontage per City standard specifications prior to
final occupancy approval.
24. Encroachment Permit – Applicant (owner) shall obtain an encroachment permit for any and all
improvements in any City right-of-way or City easement including curb and gutter replacement
prior to commencement of the work to implement this Design Review.
D. CITY GEOLOGIST
25. The applicant's geotechnical consultant shall review and approve all geotechnical aspects of the
development plans (i.e., site preparation and grading, site drainage improvements and design
parameters for foundations, and retaining walls) to ensure that their recommendations have been
properly incorporated. The consultant shall either review geotechnical aspects of supporting
structural calculations to verify that appropriate CBC 2010 seismic design parameters have been
utilized or prepare updated seismic design parameters. The consultant shall verify that the
proposed project design is consistent with recommendations of all referenced AESC documents.
The plan review shall be prepared and signed by the Project Geotechnical Engineer and
Engineering Geologist. Results of the Geotechnical Plan Review should be submitted to the
54
Resolution No. 15-054
City for review by the City Engineer prior to issuance of building permits. The following items
should be performed prior to final (as-built) project approval.
26. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical
aspects of the project construction. The inspections shall include, but not necessarily be limited
to: site preparation and grading, site surface and subsurface drainage improvements, and
excavations for retaining walls prior to the placement of steel and concrete. The consultant shall
inspect final installed site drainage improvements for conformance with geotechnical
recommendations. The results of these inspections and the as-built conditions of the project
shall be described by the Project Geotechnical Engineer in a letter and submitted to the City
Engineer for review prior to final (as-built) project approval.
27. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical
Consultant’s review of the project prior to Zone Clearance.
28. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from
any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure
or other soil related and/or erosion related conditions.
707070.1
55
SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: City Manager’s Office
PREPARED BY: Debbie Bretschneider
SUBJECT: Amended 2015 City Council Assignments
RECOMMENDED ACTION:
Approve resolution amending City Council Member assignments for 2015.
BACKGROUND:
At the October 21, 2015 City Council meeting,
a new Public Art Ad Hoc Committee to start a discussion with Montalvo A
parameters of a partnership to display art in public spaces
The resolution would amend the City Council Member assignments for 2015 to include the
Public Art Ad Hoc Committee with Council Members Lo and Bernald as members.
ATTACHMENTS:
Attachment A - Resolution Amending
Attachment B - Amended City Council Assignments
SARATOGA CITY COUNCIL
, 2015
City Manager’s Office
Debbie Bretschneider, Acting City Clerk
Amended 2015 City Council Assignments – Public Art Ad Hoc Committee
Approve resolution amending City Council Member assignments for 2015.
At the October 21, 2015 City Council meeting, Council Members Lo and Bernald were named to
Public Art Ad Hoc Committee to start a discussion with Montalvo Arts Center on the
parameters of a partnership to display art in public spaces.
City Council Member assignments for 2015 to include the
Public Art Ad Hoc Committee with Council Members Lo and Bernald as members.
Resolution Amending City Council Assignments
d City Council Assignments
Council Members Lo and Bernald were named to
on the
City Council Member assignments for 2015 to include the
56
Page 1 of 1
RESOLUTION 15-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING COUNCIL MEMBER ASSIGNMENTS FOR 2015
WHEREAS, representatives from the City Council serve on various agencies and
committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all
members; and
WHEREAS, the City Council annually reviews agency and committee assignments to
update and reassign members as needed; and
WHEREAS, the City Council adopted assignments for 2015 via Resolution 14-074 and
amended the assignments at the Council Meeting on February 4, 2015 through Resolution 15-
004; and
WHEREAS, this resolution creates a temporary ad hoc committee to determine the
scope of the Public Art and amends the City Council assignments as follows:
Agency Assignments - Voting Council Member 2nd Council Member
Public Art Ad Hoc Committee Lo Bernald
NOW, THEREFORE, be it resolved that the City Council does hereby approve the amended
City Council agency assignments presented at the November 4, 2015 City Council meeting,
attached to this resolution; and members of the Council hereby agree to their appointments
through December 2015 or until amended.
Attachments:
Exhibit A – Amended 2015 City Council Assignments
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 4th day of November 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Howard A. Miller, Mayor
ATTEST:
DATE:
Debbie Bretschneider, Acting City
Clerk
57
2015 SARATOGA CITY COUNCIL ASSIGNMENTS
Agency Assignments - Voting Council Member Alternate
Association of Bay Area Governments Bernald Kumar
Cities Association of Santa Clara County Miller Bernald
Cities Association of Santa Clara County – Legislative Action
Committee
Bernald Miller
Cities Association of Santa Clara County – Selection
Committee
Bernald Miller
Hakone Foundation Board Cappello N/A
Hakone Foundation Board & Executive Committee Lo N/A
KSAR Community Access TV Board Lo Bernald
Santa Clara County Expressway Plan 2040 Policy Advisory
Board
Kumar N/A
Santa Clara County Housing and Community Development
(HCD) Council Committee
Cappello Kumar
Santa Clara County Library Joint Powers Authority Lo Kumar
Santa Clara Valley Water District Commission Kumar Miller
Saratoga Area Senior Coordinating Council (SASCC) Cappello Kumar
Valley Transportation Authority (VTA) Policy Advisory
Committee
Miller Kumar
VTA State Route 85 Corridor Policy Advisory Board Miller Bernald
West Valley Mayors and Managers Association Miller Cappello
West Valley Sanitation District Cappello Bernald
West Valley Solid Waste Management Joint Powers
Authority
Miller Lo
Liaison Assignments - Non-Voting Council Member Alternate
Saratoga Chamber of Commerce & Destination Saratoga Kumar Lo
Saratoga Historical Foundation Bernald Lo
Saratoga Ministerial Association Kumar Miller
Saratoga Sister City Organization Bernald Cappello
Council Committee Assignments Council Member 2nd Council Member
Council Finance Committee Miller Cappello
Assignments by Outside Organizations Council Member
VTA Board West Valley Cities Alternate Miller
Ad Hoc Assignments Council Member 2nd Council Member
Public Art Lo Bernald
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SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: Public Works
PREPARED BY: Iveta Harvancik, Senior Engineer
SUBJECT: Street Dedication and Acceptance of a portion of Quito Road
RECOMMENDED ACTION:
Approve Resolution accepting Offer to Dedicate
Quito Road along 15470 Quito Road from Mr.
the City Manager to sign the Certificate of Acceptance.
BACKGROUND:
During a lot line adjustment application
15470 Quito Road, staff discovered that no Quito Road right
the subject property in the past. The applicant agreed to dedicate a 20
along the property frontage to correct th
This dedication will not affect current City operations since
already in the City roadway maintenance program
Attached is the Offer to Dedicate Property for Street Purposes (Offer) signed by the owners Mr.
Eddy Widjaja and Mrs. Ko Wang. Attached is also a Resolution accepting this
Certificate of Acceptance.
It is recommended that the City Council accept the
Manager to sign the Certificate of Acceptance.
FISCAL IMPACTS:
There is no fiscal impact. The section of the Quito Road subject to the dedication acceptance
included in the City roadway maintenanc
SARATOGA CITY COUNCIL
, 2015
Iveta Harvancik, Senior Engineer
Street Dedication and Acceptance of a portion of Quito Road
Offer to Dedicate Property for Street Purposes for a portion of
from Mr. Eddy Widjaja and Mrs. Ko Wang and a
City Manager to sign the Certificate of Acceptance.
ng a lot line adjustment application No. LOTMER 14-0001 to merge two properties at
that no Quito Road right-of-way has been dedicated along
applicant agreed to dedicate a 20-foot wide right-of-
along the property frontage to correct this condition.
This dedication will not affect current City operations since this section of Quito Road has been
already in the City roadway maintenance program.
erty for Street Purposes (Offer) signed by the owners Mr.
Eddy Widjaja and Mrs. Ko Wang. Attached is also a Resolution accepting this Offer and a
It is recommended that the City Council accept the Quito Road dedication and authorize the City
Manager to sign the Certificate of Acceptance.
There is no fiscal impact. The section of the Quito Road subject to the dedication acceptance
included in the City roadway maintenance program.
for a portion of
and authorize
0001 to merge two properties at
way has been dedicated along
-way
his section of Quito Road has been
erty for Street Purposes (Offer) signed by the owners Mr.
ffer and a
and authorize the City
There is no fiscal impact. The section of the Quito Road subject to the dedication acceptance is
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FOLLOW UP ACTION(S):
The Offer to Dedicate Property for Street Purposes and the Certificate of Acceptance will be
recorded.
ATTACHMENTS:
Attachment A Offer to Dedicate Property for Street Purposes
Attachment B Resolution Accepting the Offer
Attachment C Certificate of Acceptance
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RECORDING REQUESTED BY:
City of Saratoga
WHEN RECORDED MAIL TO:
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
RESOLUTION NO. ______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ACCEPTING OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES
TO THE CITY OF SARATOGA
APN 410-36-009
WHEREAS, Mr. Eddy Widjaja and Mrs. Ko Wang (“Owners”) applied for a Lot
Line Adjustment and during the Lot Line Adjustment Application Review process it was
discovered that no right-of-way had been dedicated for the section of Quito Road along
the 15470 Quito Road property frontage; and
WHEREAS, the City of Saratoga approved a Lot Line Adjustment Application
(Lot Merger) No. LOTMER 14-0001 on May 20, 2014; and
WHEREAS, Owners agreed to dedicate an easement and right of way for a public
city street (including all trees or other growth presently growing or as may grow in the
future within said right of way) upon, under, over, and across that certain real property
situated in the City of Saratoga, County of Santa Clara, State of California, along the
frontage of the property located at 15470 Quito Road (APN410-36-009), more fully
described in Exhibit A to this Resolution; and
WHEREAS, an “Offer to Dedicate Property for Street Purposes” (“Offer”) by
Owners to City of the property located at 15470 Quito Road, and known as Santa Clara
County APN 410-36-009 has been prepared, and executed in acceptable form and
content and was signed by Owners and notarized on the 7th day of August, 2015, which
Offer is fully set forth in Exhibit A attached hereto; and
WHEREAS, the City Council has determined that the acceptance of the Offer
would be in the public interest and desires to accept said Offer and authorize the
recordation of the “Offer to Dedicate Property for Street Purposes” for the property for a
public city street referenced above and located in the City of Saratoga, which Offer is
fully set forth as Exhibit A attached hereto.
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NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE
CITY OF SARATOGA hereby:
1. Accepts the “Offer to Dedicate Property for Street Purposes” executed by Eddy
Widjaja and Ko Wang (“Owners”) whose signatures were duly notarized on the
7th day of August, 2015, which Offer is described hereinabove and attached
hereto; and
2. Authorizes and directs the City Manager to execute the attached Certificate of
Acceptance and the City Clerk to record both: (1) the “Offer to Dedicate Property
for Street Purposes” for the property referenced above and located in the City of
Saratoga, which Offer is fully set forth as Exhibit A attached hereto; and (2) this
Resolution Accepting the Offer.
Passed and adopted on the 4th day of November, 2015 by the CITY COUNCIL
OF THE CITY OF SARATOGA by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Howard A. Miller, Mayor
City of Saratoga
Attest:
_______________________
Crystal Bothelio, City Clerk
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CERTIFICATE OF ACCEPTANCE
(Pursuant to Cal. Gov’t Code § 27281)
This is to certify that the interest in real property conveyed by the OFFER TO
DEDICATE PROPERTY FOR STREET PURPOSES dated August 7, 2015 (attached
hereto as Exhibit A) from EDDY WIDJAJA and KO WANG to the CITY OF
SARATOGA, a Municipal Corporation, is hereby accepted by the undersigned officer on
behalf of the City Council of the City of Saratoga, pursuant to authority conferred by
Resolution No. ________ of the City Council, adopted on November 4, 2015, and
grantee consents to recordation thereof by its duly authorized officer .
Dated: ___________________________
By _________________________________
James Lindsay, City Manager
CITY OF SARATOGA
Encl. Exhibit A – [OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES]
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SARATOGA CITY COUNCIL
MEETING DATE: November 4, 2015
DEPARTMENT: Community Development
PREPARED BY: Kate Bear, City Arborist
SUBJECT: Proposed amendments to
Concerning Commercial and Residential Property Maintenance
RECOMMENDED ACTION:
Conduct a public hearing. Introduce and waive the first reading of the ordinan
changes to Article 7-45 and Article 7-50
on the consent calendar for adoption at the next City Council meeting
BACKGROUND:
On October 7, 2015 the Council directed
the City Code that would permit the City to mandate the removal of privately owned dead trees
in order to limit wildfire risk and the risks to property and public safety
Previously, staff researched what neighboring cities do to regulate the removal
the communities surveyed, Cupertino, Mountain View, and Menlo Park included specific
regulations regarding the removal of dead
removal of dead trees if they are deemed a public safety
respective City Codes. The table below summarizes their code sections that refer to the mandated
removal of dead trees.
City
Cupertino
Sec. 9-22
An accumulation of lumber, trash, debris,
health, safety or welfare or likely to become a fire hazard. Any tree (not a street
tree) or shrub planted adjacent to private property in areas reserved for public
trees in the City either causes a nuisance as defined ab
health of street trees or adjacent City improvements.
Mt. View
Sec. 32-16
Overgrown, diseased, dead or decayed trees, weeds or other vegetation which
constitute a fire hazard or a condition considered dangerous to the public
safety and general welfare, including vegetation, conditions, materials, harborage
which are likely to harbor or provide habitat for rats, vermin and other pests.
SARATOGA CITY COUNCIL
2015
Community Development
Kate Bear, City Arborist
Proposed amendments to Articles 7-45 and 7-50 of the Saratoga City Code
Commercial and Residential Property Maintenance
Conduct a public hearing. Introduce and waive the first reading of the ordinance making
50 of the City Code and direct staff to place the ordinance
on the consent calendar for adoption at the next City Council meeting.
directed staff to draft for its review, proposed amendment
the City Code that would permit the City to mandate the removal of privately owned dead trees
to limit wildfire risk and the risks to property and public safety.
what neighboring cities do to regulate the removal of dead trees. Of
, Cupertino, Mountain View, and Menlo Park included specific
the removal of dead trees. These cities have the ability to mandate the
removal of dead trees if they are deemed a public safety risk or a nuisance as defined by their
The table below summarizes their code sections that refer to the mandated
Definition of nuisance
An accumulation of lumber, trash, debris, garbage or vegetation dangerous to
health, safety or welfare or likely to become a fire hazard. Any tree (not a street
tree) or shrub planted adjacent to private property in areas reserved for public
trees in the City either causes a nuisance as defined above or is detrimental to the
health of street trees or adjacent City improvements.
Overgrown, diseased, dead or decayed trees, weeds or other vegetation which
constitute a fire hazard or a condition considered dangerous to the public
safety and general welfare, including vegetation, conditions, materials, harborage
which are likely to harbor or provide habitat for rats, vermin and other pests.
City Code
ce making
and direct staff to place the ordinance
amendments to
the City Code that would permit the City to mandate the removal of privately owned dead trees
of dead trees. Of
, Cupertino, Mountain View, and Menlo Park included specific
have the ability to mandate the
as defined by their
The table below summarizes their code sections that refer to the mandated
garbage or vegetation dangerous to
health, safety or welfare or likely to become a fire hazard. Any tree (not a street
tree) or shrub planted adjacent to private property in areas reserved for public
ove or is detrimental to the
Overgrown, diseased, dead or decayed trees, weeds or other vegetation which
constitute a fire hazard or a condition considered dangerous to the public health,
safety and general welfare, including vegetation, conditions, materials, harborage
which are likely to harbor or provide habitat for rats, vermin and other pests.
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Menlo Park
Sec. 16-64
Any owner or occupant of a building, lot or premises shall remove any dead,
diseased, infested or dying tree located on any private property so near to any
street as to constitute a danger to street trees, streets, or portions thereof or
persons using said streets.
DISCUSSION:
The proposed ordinance would allow the City to address the hazards posed by dead trees using
the existing procedures for neglected properties. By amending Article 7-45: Commercial
Property Maintenance, and Article 7-50: Residential Property Maintenance, the ordinance would
provide the City with the ability to mandate the removal of dead trees on private property as
defined nuisances. The City Code already prohibits dead trees on commercial properties (section
7-45.030(b)(1)). (All conditions listed in section 7-45.030 are declared to be a nuisance by
section 7-45.050.) The attached ordinance clarifies the dead tree prohibition by adopting the
same definition of “dead tree” that the City Council adopted in its 2013 update to the tree
regulations in the Zoning Code concerning permits for removal of dead trees. The attached
ordinance would also amend Article 7-50 of the City Code (concerning residential property
maintenance) by adding dead trees (also as defined in the tree regulations) to the list of property
conditions that constitute a neglected property. (Section 7-50.050 provides that neglected
properties are a nuisance.)
Approximately ten times a year residents will contact City staff regarding their neighbor’s dead
trees. In response to this information, staff conducts a site visit to verify the situation. If the tree
is dead, staff will send a courtesy notice to the owner of the tree. The courtesy letter notes that a
tree on their property is dead, and would qualify for a no-fee, expedited tree removal permit.
With the proposed changes to Articles 7-45 and 7-50 of the City Code, dead trees can be
considered a nuisance or a public safety risk based on staff’s evaluation. This will enable staff to
follow up with another letter if necessary, letting the property owner know that the dead tree has
been determined to be a public safety risk or a nuisance and requires removal.
If this proposed amendment is adopted, Article 3 of the City Code provides a process to address
code violations that would include dead trees identified as a nuisance. After the initial courtesy
letter abatement request, staff can send a formal notice of code violation, provide a specific
amount of time to remove the tree, specify fines for failing to act in the allocated time, record a
code violation on the title for the property, or proceed to an administrative hearing, depending on
the need of the situation and the ability of staff to resolve it.
Based on the survey of cities contacted by staff, it is likely that the notice of code violation along
with a deadline for compliance and possible fines for failing to act will achieve the desired goal
of removing the nuisance dead tree(s). Staff’s experience has been that the initial courtesy letters
sometimes fail to achieve the desired goal and that the situation may sometimes need to be
elevated to a formal code violation notice in order to be addressed. The experience of Cupertino,
Mountain View, and Menlo Park staff has been that the formal notice has been sufficient to
achieve compliance with their City Code requirements.
FISCAL STATEMENT:
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Staff time will be required to inspect dead trees and send letters to owners to gain compliance
once the tree is deemed a public safety risk or nuisance. Staff time is estimated to be one hour
per dead tree initially, and undetermined following initial contact, depending on compliance.
Follow up staff time may require many hours depending on the process needed to abate the
situation. The City’s Code Enforcement Officer may need to send a notice of code violation,
follow up letters identifying penalties, or record a notice of code violation with the county. If an
administrative hearing is necessary, the cost could be up to $2,000 per hearing. Cost of materials
and equipment will be incidental as staff is already using materials and equipment for other
duties.
ATTACHMENT:
Attachment A – Proposed amendment to Saratoga City Code Articles 7-45 and 7-50
720095.1
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Attachment A
Page 1 of 3
ORDINANCE NO. __________
AN ORDINANCE AMENDING ARTICLES 7-45 and 7-50
OF THE SARATOGA CITY CODE CONCERNING
PROPERTY MAINTENANCE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend the provisions of the City Code concerning
property maintenance in order to limit wildfire risk and the risks to property and public
safety associated with dead trees.
2. The Saratoga City Code (section 15-50.20(i)) defines “Dead Tree” as a tree that cannot
be restored to good health and has at least one of the following characteristics: (1) is
completely devoid of life, (2) has no leaves at a time when it should, (3) exhibits no buds
if dormant,(4) is incapable of translocating food and water between leaves and roots, or
(5) has a high likelihood of imminent death in the opinion of the City Arborist.
3. The City Council of the City of Saratoga held a duly noticed public hearing on November
4, 2015, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in double-
underlined font (e.g., double-underlined) and text to be deleted is indicated in strikeout font (e.g.,
strikeout). Text in standard font is readopted by this ordinance. Text in italics is explanatory and
is not adopted or otherwise included as part of the City Code.
A. Article 7-45 COMMERCIAL PROPERTY MAINTENANCE
Section 7-45.030(b) is amended as follows:
7-45.030 - Unlawful property nuisance; private property.
It shall be unlawful for any person owning, leasing, renting, occupying or having charge or
possession of private property in the City to maintain or to allow to be maintained such property
in such manner that any of the following conditions which are visible from the street or from
neighboring properties are found to exist thereon for a period of more than thirty days after
written notice of same has been given by the Community Development Director, except as may
be allowed by any other provision of law, including provisions of this Code.
(a) [No changes]
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Attachment A
Page 2 of 3
(b) Landscaping/vegetation.
(1) Dead, decayed, diseased, displaced or hazardous trees. For the purpose
of this section, “Dead tree” has the meaning set forth in section 15-50.020(i)
of the Saratoga Code.,
(2) Weeds weeds or other vegetation constituting unsightly appearance, a
danger to public safety and welfare, a detriment to neighboring property or
property values or from which a continuous offensive odor emanates.
(23) Overgrown vegetation likely to harbor rats, vermin and other nuisances,
growing into the public right-of-way, or obstructing the necessary view of drivers
on public streets or private driveways, and visible from the street, from
neighboring properties, or from areas of general public/invitee access on the
property.
(34) Failure to comply with the requirements set forth in any City zoning
approval or permit applicable to the premises.
(c)- (j) [No changes]
B. Article 7-50 RESIDENTIAL PROPERTY MAINTENANCE
Section 7-50.030 is amended as follows:
7-50.030 - Standards.
Consistent with the purposes of this Article, the following conditions qualify as neglected
property in a residential zoning district:
(a)-(k) [No changes.]
(l) Dead or hazardous trees. For the purpose of this section, “Dead tree” has the
meaning set forth in section 15-50.020(i) of the Saratoga Code.
(m) Any condition determined by the City Manager to be substantially similar to any
of the conditions listed in this Section.
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
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Attachment A
Page 3 of 3
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section
15061(b)(3). CEQA applies only to projects which have the potential of causing a significant
effect on the environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not subject
to CEQA. In this circumstance the amendments to the existing City Code address only trees
likely to be removed in any event and would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 4th day of November 2015, and
was adopted by the following vote on November 18th, 2015.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Howard Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Debbie Bretschneider
ACTING CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
718649.1
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