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HomeMy WebLinkAbout02-03-2016 City Council Agenda PacketSaratoga City Council Regular Meeting Agenda – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING FEBRUARY 3, 2016 5:30 P.M. COMMISSION INTERVIEWS Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 COMMISSION INTERVIEWS TIME NAME COMMISSION VACANCIES INCUMBENT 5:35 p.m. David McIntryre Traffic Safety 1 Partial Term (ending 12/31/17) No 5:40 p.m. Philip Lee Traffic Safety 1 Partial Term (ending 12/31/17) No 5:45 p.m. Rajiv Mathur Traffic Safety 1 Partial Term (ending 12/31/17) No Commission Applications 6:00 P.M. JOINT MEETING Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Meeting with KSAR Discussion Topics City of Saratoga/KSAR Contract 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF AGENDA The agenda for this meeting was properly posted on January 28, 2016. REPORT FROM JOINT MEETING ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS Saratoga City Council Regular Meeting Agenda – Page 2 of 6 CEREMONIAL ITEMS Proclamation Declaring February 17, 2016 as Random Acts of Kindness Day Recommended Action: Present the proclamation to Louise Webb. Staff Report Attachment A: Proclamation 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers re limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Special and Regular City Council Meeting on January 20, 2016. Staff Report Attachment A - Minutes for the Special and Regular City Council Meeting on January 20, 2016 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 01/19/2016: Period 7 01/26/2016: Period 7 Staff Report Check Register - 1-19-2016 Period 7 Check Register - 1-26-2016 Period 7 1.3. Acceptance of Allendale Avenue Right-of-Way Dedication Recommended Action: 1. Move to adopt Resolution Accepting Offer to Dedicate Property for Street Purposes along frontage of Subdivision SUB14-0003 for a portion of Allendale Avenue into the City’s publicly maintained street system. 2. Authorize the City Manager to sign the Certificate of Acceptance. Staff Report Allendale Ave Acceptance Attachment A - Resolution Accepting Offer Attachment B - Offer to dedicate property for street purposes Attachment C - Certificate of Acceptance Attachment D - Site Map Saratoga City Council Regular Meeting Agenda – Page 3 of 6 2. PUBLIC HEARING Items placed under this section of the Agenda are those defined by law as requiring a special notice and/or a public hearing or those called by the City Council on its own volition. During Public Hearings for appeals, Applicants/Appellants and/or their representatives have a total of ten (10) minutes maximum for opening statements. Members of the public may comment on any item for up to three (3) minutes. The amount of time for public comment may be reduced by the Mayor or by action of the City Council. After public comment, the Applicant/Appellants and/or their representatives have a total of five (5) minutes maximum for closing statements. Items requested for continuance are subject to the City Council's approval at the Council Meeting. 2.1. Appeal of Design Review application for a new two-story residence at 14780 Montalvo Road Staff Contact: Sandy Baily (408) 868-1235 Recommended Action: Conduct a public hearing and adopt a resolution denying the appeal. Staff Report Attachment 1 - Appeal Application Attachment 2 – Resolution Denying the Appeal Attachment 3 – Reduced Plan Set, Exhibit A Attachment 4 – Written Communication Attachment 5 – Planning Commission Staff Report for PDR15-0023, dated December 9, 2015 Attachment 6 – Planning Commission Desk Item Memo, dated December 9, 2015 Attachment 7 – Resolution for Approval with Conditions of Approval, dated December 9, 2015 Attachment 8 – Planning Commission Minutes, dated December 9, 2015 3. OLD BUSINESS 3.1. Approve actions related to the formation of, and Saratoga’s membership in, the Silicon Valley Clean Energy Authority, an Independent Joint Powers Authority, to establish a Community Choice Energy Program. Recommended Action: 1. Waive second reading and adopt the attached Ordinance to authorize the implementation of a Community Choice Energy Program and find that the project is exempt from CEQA pursuant to CEQA Guidelines 15378(a), 15061(b)(3), and 15308. 2. Adopt Resolution to approve the Joint Powers Authority Agreement establishing and authorizing participation in the Silicon Valley Clean Energy Authority, and find that the project is exempt from CEQA pursuant to CEQA Guidelines 15378(b)(5) and 15061(b)(3). 3. Authorize the City Manager to remit up to $150,000, as shown in the Silicon Valley Clean Energy Authority agreement (Exhibit E), to support the initial costs of the Authority. 4. Adopt resolution modifying agency assignments to appoint a regular Director and alternate Director to the Authority’s Board of Directors. Staff Report 1. Community Choice Aggregation Ordinance 2. SVCEA Joint Powers Authority Agreement 3. Resolution to Approve Joint Powers Authority Agreement 4. Resolution to Modify Agency Assignments Saratoga City Council Regular Meeting Agenda – Page 4 of 6 4. NEW BUSINESS 4.1. Authorize Financial Support for the 2016 America in Bloom Contest Recommended Action: Receive report and provide direction to staff. Staff Report Attachment A: Funding Request Attachment B: 2015 AIB Evaluation Form CITY COUNCIL ASSIGNMENT REPORTS Mayor Manny Cappello Cities Association of Santa Clara County Council Finance Committee Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) West Valley Mayors and Managers West Valley Sanitation District Vice Mayor Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Saratoga Chamber of Commerce & Destination Saratoga Santa Clara County Library Joint Powers Authority Santa Clara County Expressway Plan 2040 Policy Advisory Board Public Art Ad Hoc 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 Hakone Foundation Board Saratoga Historical Foundation Saratoga Sister City Organization West Valley Solid Waste Management Joint Powers Authority Public Art Ad Hoc Council Member Howard Miller Council Finance Committee Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board VTA Board West Valley Cities Alternate Council Member Rishi Kumar Santa Clara Valley Water District Commission Saratoga Ministerial Association CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT Saratoga City Council Regular Meeting Agenda – Page 5 of 6 CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Crystal Bothelio, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on January 28, 2016 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 28th day of January 2016 at Saratoga, California. Crystal Bothelio, City Clerk 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. These materials are also posted on the City website. 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] 02/03 Regular Meeting –Joint Meeting with KSAR 02/05 Council Retreat – 9:00 a.m. - 4:00 p.m.– West Valley College 02/17 Regular Meeting – 5:00 p.m. Joint Meeting with Heritage Preservation Commission, Arts and Crafts Room in Community Center; 6:00 p.m. Joint Meeting with Planning Commission, Arts and Crafts Room in Community Center 02/27 3-5 p.m. State of the City --Theater 03/02 Regular Meeting – Joint Meeting with Traffic Safety Commission 03/16 Regular Meeting – Joint Meeting with Parks & Rec Commission and PEBTAC 04/06 Regular Meeting – Joint Meeting with Library Commission, Librarians, and Friends of Library 04/11 Budget Study Session 04/20 Regular Meeting – Joint Meeting with Saratoga Ministerial Association 05/04 Regular Meeting – Joint Meeting with Mt. Winery and Montalvo Arts 05/18 Regular Meeting – Joint Meeting with County Fire and Santa Clara County FireSafe Council 06/01 Regular Meeting – 5:30 p.m. Joint Meeting with HOA’s in Senior Center, Saunders Room 06/15 Regular Meeting – Joint Meeting with Sheriff Office 07/06 Regular Meeting –Joint meeting Hakone Foundation Board 07/20 Meeting Cancelled 08/03 Meeting Cancelled 08/17 Regular Meeting – Joint Meeting with Chamber of Commerce and Destination Saratoga CITY OF SARATOGA CITY COUNCIL JOINT MEETING CALENDAR 2016 Saratoga City Council Regular Meeting Agenda – Page 6 of 6 09/07 Regular Meeting – Joint Meeting with SASCC 09/21 Regular Meeting – Joint Meeting with Youth Commission 10/05 Regular Meeting – 5:30 p.m. Joint Meeting with Saratoga School Districts in Senior Center, Saunders Room 10/19 Regular Meeting – Joint Meeting with Historical Foundation 11/02 Regular Meeting – Joint Meeting with West Valley – Mission Community College Board of Trustees 11/16 Regular Meeting – Joint Meeting with Senator Beall Jr. 12/07 Regular Meeting – Joint Meeting with Representative Low 12/20 Reorganization 12/21 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 JOINT MEETING Discussion Topics Joint Meeting with KSAR February 3, 2016 | 6:00 p.m. Saratoga City Hall | Administrative Conference Room 6:00 p.m. Introductions 6:15 p.m. City/KSAR Contract 6:30 p.m. Overview of KSAR Operations, Updates on Ongoing and Future 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. 16 CITY OF SARATOGA TRANSMITTAL MEMORANDUM FOR CONTRACT EXECUTION Date: Submitting Department /Staff Contact: 0G % -_ o Please sign each copy of the attached, where indicated and return to the City Clerk. When the contract is fully executed the City Clerk will return either a duplicate original or copy to the submitting department and will send a certified copy to contractor /consultant. Route To: Department Director 0 Scope of Work 0 Term Terms of Payment Use of City Facilities ZCity Attorney IU Approved as to Form 0 Approved with Changes Not Approved City Attorney Initials /Date\ Administrative Services Director IV I Funding Available 0 No Funding Available Budget Resolution Required Notes: W's tz,7% Load Director's Initials /Date 4-144. ti Insurance Requirements: 0 Commercial /General Liability Auto Liability Professional /Errors and Omissions 0 Worker's Compensation 0 Additional Insured Endorsement 0 Public Works Contracts — all insurance specified on page 14 City Manager Approved Denied ? City Manger's Initial's /Date: y 1. Contractor Name: 43 C G 2. Business License: [0Yes No License Number: -0516-5- Date of Expiration 12 - -31 - -) C, // 3. B of services to be provided: 17-V-,ta+o4;t-) 4. Contract amount & budget account number: F 3 6 17 5. City Services and Facilities to be provided (Summary of Exhibit C): 6. Designated Contract Administrator (Name and Title): 7. Is this a standard City contract? 8. Contract Date: Yes 9. Insurance Certificate attached: Yes No If no, explain: Expiration Date: J U,,.0 3 0 , )'0 1 No If no, explain: 10. Procurement: 25,000 or under — (City Manager's authority) Cd/'Ya4e'- 07/OG1-zc/ 25,000 or over — (City Council approval required Date of Council approval: or Res. No.: Attach Minute Order Attach Signed Resolution Public Contracts below $125,000 (City Manager's authority required Public Contracts above $125,000 (City Council's approval required Date of Council approval: or Res. No.: Attach Minute Order Attach Signed Resolution 11. Account number(s): Approval Process Complete — Copy of Transmittal Memo forwarded to AS Department. z — - .7= g1,Z nn u ' n, CMC Date City Clerk K 18 SECOND AMENDMENT TO COMMUNITY ACCESS CABLE TELEVISION SERVICES AGREEMENT This Second Amendment to Community Access Cable Services Agreement is made at Saratoga, California by and between the City of Saratoga, a municipal corporation ( "City) ", and Saratoga Community Access Cable Television Foundation ( "Contractor "), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement with a term from July 1, 2005 through June 30, 2011 ( "Original Agreement ") and amended the Original Agreement on September 8, 2008, in order to change the scope of work and payment terms Amended Agreement "); and WHEREAS, City and Contractor wish to further amend the Amended Agreement in order to extend its term for an additional five (5) years and to amend the scope of work and payment terms. NOW; THEREFORE, the parties hereto agree as follows: 1. AMENDED SCOPE OF WORK. The scope of work attached to the Original Agreement as Exhibit A and revised by the Amended Agreement is replaced in its entirety by Exhibit A -1 attached and hereby made a part of this agreement). 2. AMENDED TERM. Section 2 of the Original Agreement is amended to replace the termination date of June 30, 2011 with the date of June 30, 2016 and otherwise remain unchanged. 3. AMENDED PAYMENT TERMS. Exhibit B (concerning payment terms) attached to the Original Agreement and revised by the Amended Agreement is replaced in its entirety by Exhibit B -1 (attached and hereby made a part of this agreement). 4. EFFECTIVE DATE. This Second Amendment Agreement shall take effect July 1, 2011. Continued Next Page - Page 1 of 5 19 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment Agreement. City of Saratoga Contractor By: Dave Anderson, City Manager Lei( Date By: DatefornMoran, Chairman Saratoga Community Access TV Foundation Attes : Ann u Ivan, City Clerk 7- 7— Date Approved as to Form: Ji DateRichardS. Taylor, City Attorney Attachments: Exhibit A -1 Scope of Work Exhibit B -1 Payment 20 EXHIBIT A -1 SCOPE OF WORK Contractor shall complete the following Scope of Work: Arrange for and provide live and tape - delayed broadcasts and create video recordings of regular City Council and Planning Commission meetings held in the Civic Theater. Specifically: a. It is understood that regular City Council meetings are held on the first and third Wednesdays of each month and regular Planning Commission meetings are held on the second and fourth Wednesdays of each month. b. One video copy of each meeting shall be provided to the City Manager or his /her designee by the close of the business day following the meeting and one copy to the Saratoga Library. c. Each regular meeting for which a video recording is created shall be broadcast on a time - delayed basis at least once during the 7 -day period following the meeting. d. The City Council or Planning Commission may, on occasion, hold regular meetings at a location other than the Civic Theater, in which case no broadcast or recording services shall be provided pursuant to this paragraph. 2. Provide and /or arrange for the proper maintenance of the Contractor's equipment at the City Hall installation. 3. Minor maintenance, repair and adjustment of the City's equipment will be performed by Contractor as staff is available. 4. Provide live broadcasts and /or video recording services of special meetings of the City Council or Planning Commission or of other civic events upon request of City when Contractor staff is available. 5. List up to a reasonable number of items requested by City at any given time on the Community Service Board. 6. Index each Council and Planning Commission meeting that is recorded by KSAR to the City's Granicus system for web streaming. 21 EXHIBIT B -1 PAYMENT Compensation shall be as specified below: 1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION MEETINGS. For the services described in Exhibit A -1, Section 1, Contractor shall be paid $550 /meeting for the first two years (June 30, 2011 — June 30, 2013 and 600 /meeting June 30, 2014 — June 30, 2016. 2. MAINTENANCE AND REPAIR. For the services described in Exhibit A -1, Sections 2 and 3, Contractor shall be paid in accordance with the following rate schedule: $100.00 per hour. City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in the course of providing maintenance services. Reimbursement for costs of outside engineering or service personnel shall not exceed amounts authorized by the City prior to said work being performed. 3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in Exhibit A -1, Section 4, Contractor shall be paid in accordance with the rate schedule set forth in Section 2, above and for the actual cost of any reimbursable expenses authorized by City in connection with the special event. 4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, Section 5, Contractor shall be paid $0.00 per month. 5. GRANICUS INDEXING. The City shall pay contractor a flat fee of $100 per meeting for the work described in Exhibit A -1, paragraph 6 following completion of the indexing for the meeting and a receipt by the City of an invoice from the Contractor. 6. TOTAL COMPENSATION. Total compensation pursuant to this Agreement including compensation for reimbursable expenses) in any fiscal year shall not exceed the amount specified in the City of Saratoga budget for services pursuant to this Agreement in that year. 22 7. INVOICES. Contractor shall submit invoices, not more often than once each month during the term of this Second Amendment to Agreement, based on the cost of work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the amount of prior billings and the total due this period. 8. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. Payments shall be made no later than thirty (30) days following the City's receipt of the invoice. 23 CITY OF SARATOGA/ SARATOGA COMMUNITY ACCESS CABLE TV FOUNDATION CONTRACT AMENDMENT This Amendment Agreement is made at Saratoga, California by and between the City Of Saratoga, a municipal corporation ( "City "), and Saratoga Community Access Cable TV Foundation, ( "Contractor "), who agree as follows: WHEREAS, City and Contractor entered an independent contractor agreement with a term from July 1, 2005 through June 30, 2011 ( "Original Agreement "); and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the scope of work of the Original Agreement by entering this Amendment Agreement to amend the Original Agreement. NOW THEREFORE, the parties hereto agree as follows: 1. Amended Scope of Work. The Scope of Work included as Exhibit A to the Original Agreement is hereby supplemented to add the following after paragraph #5: 6. Index each Council and Planning Commission meeting that is recorded by KSAR to the City's Granicus system for web streaming. Copy VHS tapes of City Council meetings from the 1997 -2001 time period to DVDs for archiving, transcode the DVDs to .wmv files, and upload the .wmv files to the City's Granicus system for web streaming. a. The DVDs produced by KSAR will be recorded in "2 hour" mode. Long meetings will thus generate more than one DVD. KSAR will use the TMPGEnc program, with format template supplied by the City, for transcoding to .wmv files. Long meetings will be put together into single wmv files. b. KSAR will make every reasonable effort to convert up to two hundred (200) tapes. It is understood that these are old VHS tapes and some may be damaged or otherwise unreadable by KSAR's equipment. c. All tapes and DVDs will be returned to the City. The .wmv files will be uploaded per City direction to the Granicus server. d. The foregoing work shall be completed no later than November 1, 2008. Upgrade the equipment and services in the City Council Chambers by June 30, 2009 to include the following in a manner satisfactory to the City's Facilities Supervisor, Thomas Scott: PARP 1 of I 24 a. The extension of audio controls to the sound booth; b. Connection to AT &T U- verse; and c. Audio visual link to LCD projection system. 2. Amended Payment Terms. The payment terms included in Exhibit B to the Original Agreement are hereby amended to add the following as Part III: III. Supplemental Work, A. The City shall pay contractor a flat fee of $100 per meeting for the work described in Exhibit A, paragraph 6 following completion of the indexing for the meeting and receipt by the City of an invoice from the Contractor. B. The City shall pay contractor a flat fee of $25 per tape up to 200 tapes, not to exceed $5000 for the work described in Exhibit A, paragraph 7 for each tape and receipt by the City of an invoice from the Contractor for tapes completed since the last invoice. C. The City shall pay contractor an amount not exceed $9000 for the work described in Exhibit A, paragraph 8. As each project described therein is completed, Contractor may invoice City for the cost associated with that project in an amount approved by the Facilities Supervisor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. City of Saratoga Contractor By: 5 - t —ZOO 1BY: ti b V` L8 Dave Anderson, City Manager Date Tom Moran, Chairman of Saratoga Date Community Access TV Foundation Attest: Ann Sullivan, Acting City Clerk Date Page 2 of 3 25 Approved as to Form: Richard S. Taylor, City Attorney Date Page 3 of 3 26 COMMUNITY ACCESS CABLE SERVICES AGREEMENT THIS AGREEMENT is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ( "City "), and Saratoga Community Access Cable TV Foundation, ( "Contractor "), who agree as follows: RECITALS WHEREAS, City requires the services of a qualified contractor to provide the work product described in Exhibit A of this Agreement; and WHEREAS, City lacks the qualified personnel to provide the specified work product; and WHEREAS, Contractor is duly qualified to provide the required work product; and WHEREAS, Contractor is agreeable to providing such work product on the terms and conditions hereinafter set forth. NOW THEREFORE, the parties hereto agree as follows: 1. RESULTS TO BE ACHIEVED. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the work product described in Exhibit A ( "Scope of Work "). Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Saratoga, except, in an emergency when the City's Emergency Operations Center has been activated, by approval of the City Manager or Administrative Services Director. 2. TERM. The term of this Agreement commences on July 1, 2005, and extends through June 30, 2011 unless it is extended by written mutual agreement between the parties, provided that the parties retain the right to terminate this Agreement as provided in Exhibit D at all times. 3. PAYMENT. City shall pay Contractor for work product produced pursuant to this Agreement at the time and in the manner set forth in Exhibit B ( "Payment "). The payments specified in Exhibit B shall be the only payments to be made to Contractor in connection with Contractor's completion of the Scope of Work pursuant to this Agreement. Contractor shall submit all billings to City in the manner specified in Exhibit B; or, if no manner is specified in Exhibit B, then according to the usual and customary procedures and practices which Contractor uses for billing clients similar to City. 4. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C ( "Facilities and Equipment "), Contractor shall, at its sole cost and expense, furnish all facilities and equipment which may be required for completing the Scope of Work pursuant to this Agreement. City shall furnish to Contractor only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. Page 1 of 17 27 5. GENERAL PROVISIONS. City and Contractor agree to and shall abide by the general provisions set forth in Exhibit D ( "General Provisions "). In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the General Provisions. 6. EXHIBITS. All exhibits referred to in this Agreement are attached hereto and are by this reference incorporated herein and made a part of this Agreement. 7. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of City by the City Manager ( "Administrator "). The Administrator has complete authority to receive information, interpret and define City's policies consistent with this Agreement, and communicate with Contractor concerning this Agreement. All correspondence and other communications shall be directed to or through the Administrator or his or her designee. 8. NOTICES. All notices or communication concerning a party's compliance with the . terms of this Agreement shall be in writing and may be given either personally, by certified mail, return receipt requested, or by overnight express carrier. The notice shall be deemed to have been given and received on the date delivered in person or the date upon which the postal authority or overnight express carrier indicates that the mailing was delivered to the address of the receiving Party. The Parties shall make good faith efforts to provide advance courtesy notice of any notices or communications hereunder via email or fax. However, under no circumstances shall such courtesy notice satisfy the notice requirements set forth above; nor shall lack of such courtesy notice affect the validity of service pursuant to the notice requirement set forth above. Any Party hereto, by giving ten (10) days written notice to the other, may designate any other address as substitution of the address to which the notice or communication shall be given. Notices or communications shall be given to the Parties at the addresses set forth below until specified otherwise in writing: Notices to Contractor shall be sent to: Saratoga Community Access Television Foundation West Valley College TV Studio 14000 Fruitvale Avenue Saratoga, CA 95070 Attn: Community Access Director Notices to City shall be sent to: City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 Page 2 of 17 28 With a copy (which copy shall not constitute notice) to: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 9. ENTIRE AGREEMENT. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to Contractor's completion of the Scope of Work on behalf of City and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Specifically, and without limiting the generality of the foregoing, this Agreement supersedes the July 1, 1988 Agreement Concerning Payment of CATV Franchise Fees and any subsequent amendments to that agreement. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No amendment, alteration, or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CONTRACTOR: By: o / Print Name: jC--- e,/ G 47 o Date: t/(z ZQ 6 Position: l% L {/T LDr ` /). Cd CITY OF SARATOGA, a municipal corporation By: Date: Name: 7'' A? 1pe cr `r Title: G APPROVED AS TO FORM: City Attorney z y -- z-a o 6 Date: t I l bje./ Page 3 of 17 29 APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: By: Administrative Services Director Attachments Date: Exhibit A -- Scope of Work Exhibit B -- Contract Payment and Reporting Schedule Exhibit C -- Facilities and Equipment Exhibit D -- General Provisions Exhibit E -- Insurance Requirements Page 4 of 17 30 EXHIBIT A SCOPE OF WORK Contractor shall complete the following Scope of Work: Arrange for and provide live and tape- delayed broadcasts and create video recordings of regular City Council and Planning Commission meetings held in the Civic Theater. Specifically: a. It is understood that regular City Council meetings are held on the first and third Wednesdays of each month and regular Planning Commission meetings are held on the second and fourth Wednesdays of each month. b. Live broadcasts of meetings shall terminate at 12:00 midnight. Video recordings shall include the complete meeting regardless of the termination of live broadcast. C. One video copy of each meeting shall be provided to the City Manager or his/her designee by the close of the business day following the meeting and one copy to the Saratoga Library. d. Each regular meeting for which a video recording is created shall be broadcast on a time- delayed basis at least once during the 7 -day period following the meeting. e. The City Council or Planning Commission may, on occasion, hold regular meetings at a location other than the Civic Theater in which case no broadcast or recording services shall be provided pursuant to this paragraph. 2. Provide and/or arrange for the proper maintenance of the Contractor's equipment at the . City Hall installation. 3. Minor maintenance, repair and adjustment of the City's equipment will be performed by Contractor as staff is available. 4. Provide live broadcasts and/or video recording services of special meetings of the City Council or Planning Commission or of other civic events upon request of City when Contractor staff is available. List up to a reasonable number of items requested by City at any given time on the Community Service Board. Page 5 of 17 31 1 EXHIBIT B PAYMENT Part I: Services Between July 1, 2005 and June 30, 2006: As compensation for all services provided pursuant to this Agreement between July 1, 2005 and June 30, 2006 Contractor shall be paid twenty percent (20 %) of the CATV Franchise Fee paid by the City's cable communications system franchisee pursuant to section 4- 25.070 of the City Code during that period. Part II: Services After June 30, 2006: Compensation for services provided after June 30, 2006 shall be compensated as specified in the seven paragraphs that follow: 1. BROADCAST OF REGULAR CITY COUNCIL AND PLANNING COMMISSION MEETINGS. For the services described in Exhibit A, section 1, Contractor shall be paid 500 /meeting. 2.- MAINTENANCE AND REPAIR. For the services described in Exhibit A, sections 2 and 3, Contractor shall be paid in accordance with the following rate schedule: $100.00 per hour. City shall reimburse Contractor for the actual cost of all parts purchased by Contractor in the course of providing maintenance services. Reimbursement for costs of outside engineering or service personnel shall not exceed amounts authorized by the City prior to said work being performed. 3. SPECIAL EVENT BROADCASTS/RECORDING. For the services described in Exhibit A, section 4, Contractor shall be paid in accordance with the rate schedule set forth in section 2, above and for the actual cost of any reimbursable expenses authorized by City in connection with the special event. 4. COMMUNITY SERVICE BOARD. For the services described in Exhibit A, section 5, Contractor shall be paid $0.00 per month. 5. TOTAL COMPENSATION. Total compensation pursuant to this Agreement (including compensation for reimbursable expenses) in any fiscal year shall not exceed the amount specified in the City of Saratoga budget for services pursuant to this Agreement in that year. 6. INVOICES. Contractor shall submit invoices, not more often than once each month during the term of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; C. A summary containing the amount of prior billings and the total due this period. Page 6 of 17 32 N 7. MONTHLY PAYMENTS. City shall make payments, based on such invoices, for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. Payments shall be made no later than 30 days following the City's receipt of the invoice. 8. CPI ADJUSTMENT. The rates in sections 1 and 2, above, shall be adjusted annually on July 1 to reflect changes in the December to December Consumer Price Index for San Francisco /Oakland/San Jose for the Urban Wage Earners (hereinafter "CPI/W ") since the last rate adjustment rounded to the nearest $1.00 increment. Page 7 of 17 33 EXHIBIT C FACILITIES AND EQUIPMENT City has provided its Civic Theater to be equipped with video and audio equipment for the purpose of providing live broadcast of City Council and Planning Commission meetings. This equipment is listed below. Contractor may use this equipment in connection with broadcasting and recording events in the Civic Theater. All other equipment required by Contractor shall be provided by Contractor unless otherwise specified in this agreement. City will provide appropriate room for broadcast/video equipment and crew, sound, light and maintenance of environment. Contractor shall not use such services, premises, facilities, supplies or equipment for any purpose other than in the performance of Contractor's obligations under this Agreement. City shall not use Contractor's equipment. TYPE MAKE MODEL SN MONITOR NEC PM1271A 84604759 TV/MONITOR PANASONIC CTN -13569 MB203102S4 POWER CG VIDEONICS SCRIPT 003857 TV /MONITOR PANASONIC CT- 1388VYD LB88180318 CD TECHNICS SL -PD687 FGSBC15878 MONITOR SONY PVM141-2 2003372 MONITOR SONY PVM141-2 2003372 RGB MONITOR NEC AS75F 1802304YE CONTROLLER AMX NETLINX WAVEFORM /VECTOR MAGNI MM -410 RADIO TECH SVHS X2 JVC HR- 57600DU 145EI456 VHS X2 PANASONIC AG -2550 SWITCHER JVC COMPRESSOR LIMITER DBX 160A AMP RDL STA2 POWER SUPPLY RDL PS24A PAN TILT POSITRACK AMX CAMERA X3 SONY DXC 390 MONITOR PANASONIC WV5203B Scan Convertor Extron VSC700 6047701 DVD Player TOSHIBA DVD Player TOSHIBA Page 8of17 34 EXHIBIT D GENERAL PROVISIONS INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. Contractor shall complete the Scope of Work hereunder in accordance with currently approved methods and practices in Contractor's field. City shall have the right to control Contractor only with respect to specifying the results to be obtained from Contractor pursuant to this Agreement. City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Likewise, no relationship of employer and employee is created by this Agreement between the City and Contractor or any subcontractor or employee of Contractor. Nothing contained in this Agreement shall be construed as limiting the right of Contractor to engage in Contractor's profession separate and apart from this Agreement so long as such activities do not interfere or conflict with the performance by Contractor of the obligations set forth in this Agreement. Interference or conflict will be determined at the sole discretion of the City. 2. STANDARD OF PERFORMANCE. Contractor shall complete the Scope of Work required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All work product of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Contractor's profession. 3. TIME. Contractor shall devote such time to the Scope of Work pursuant to this . Agreement as may be reasonably necessary for satisfactory performance of Contractor's obligations pursuant to this Agreement. 4. CONTRACTOR NO AGENT. Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. BENEFITS AND TAXES. Contractor shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay; sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, including, but not limited to, federal and state income taxes, and in connection therewith Contractor shall indemnify and hold City harmless from any and all liability that City may incur because of Contractor's failure to pay such taxes. City shall have no obligation whatsoever to pay or withhold any taxes on behalf of Contractor. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. However, Page 9 of 17 35 with the consent of the City given in writing, Contractor is entitled to subcontract such portions of the work to be performed under this Agreement as may be specified by City. 7. PERSONNEL. a. Qualifications. Contractor shall assign only competent personnel to complete the Scope of Work pursuant to this Agreement. r b. Employment Eligibility. Contractor shall ensure that all employees of Contractor and any subcontractor retained by Contractor in connection with this Agreement have provided the necessary documentation to establish identity and employment eligibility as required by the Immigration Reform and Control Act of 1986. Failure to provide the necessary documentation will result in the termination of the Agreement as required by the Immigration Reform and Control Act of 1986. 8. CONFLICT OF INTEREST. a. In General. Contractor represents and warrants that, to the best of the Contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to a conflict of interest on the part of Contractor, or that the Contractor has already disclosed all such relevant information. b. Subsequent Conflict of Interest. Contractor agrees that if an actual or potential conflict of interest on the part of Contractor is discovered after award, the Contractor will make a full disclosure in writing to the City. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the City to avoid, mitigate, or neutralize the actual or potential conflict. Within 45 days, the Contractor shall have taken all necessary steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of the City. c. Interests of City Officers and Staff. No officer, member or employee of City and no member of the City Council shall have any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither Contractor nor any member of any Contractor's family shall serve on any City board or committee or hold any such position which either by rule, practice or action nominates, recommends, or supervises Contractor's operations or authorizes funding to Contractor. 9. COMPLIANCE WITH LAWS. a. In General. Contractor shall observe and comply with all laws, policies, general rules and regulations established by City and shall comply with the common law and all laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies) applicable to the performance of the Scope of Work hereunder, including, but not limited to, all provisions of the Occupational Safety and Health Act of 1979 as amended. Page 10 of 17 36 b. Licenses and Permits. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Contractor to practice its profession. In addition to the foregoing, Contractor shall obtain and maintain during the term hereof a valid City of Saratoga Business License. c. Funding Agency Requirements. To the extent that this Agreement may be funded by fiscal assistance from another entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. d. Drug -free Workplace. Contractor and Contractor's employees and subcontractors shall comply with the City's policy of maintaining a drug -free workplace. Neither Contractor nor Contractor's employees and subcontractors shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code Section 812, including marijuana, heroin, cocaine, and amphetamines, at any facility, premises or worksite used in any manner in connection with performing services pursuant to this Agreement. If Contractor or any employee or subcontractor of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at such a facility, premises, or worksite, the Contractor, within five days thereafter, shall notify the City. Discrimination Prohibited. Contractor assures and agrees that Contractor will comply with Title VII of the Civil Rights Act of 1964 and other laws prohibiting discrimination and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era veteran's status, political affiliation, or any other non -merit factors be excluded from participating in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 10. DOCUMENTS AND RECORDS. a. Property of City. Reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of this Agreement. b. Retention of Records_ Until the expiration of five years after the furnishing of any services pursuant to this Agreement, Contractor shall retain and make available to the City or any party designated by the City, upon written request by Page 11 of 17 37 City, this Agreement, and such books, documents and records of Contractor (and any books, documents, and records of any subcontractor(s)) that are necessary or convenient for audit purposes to certify the nature and extent of the reasonable cost of services to City. 11. CONFIDENTIAL INFORMATION. Contractor shall hold any confidential information received from City in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, Contractor shall return materials which contain any confidential information to City. Contractor may keep one copy for its confidential file. For purposes of this paragraph, confidential information is defined as all information disclosed to Contractor which relates to City's past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. 12. RESPONSIBILITY OF CONTRACTOR. Contractor shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to Contractor or to any subcontractor on account of the performance or character of the work or other circumstances including unforeseen difficulties, accidents, occurrences or other causes, except to the extent that Contractor is indemnified by City pursuant to section 13, below. 13. INDEMNIFICATION. a. City Liability. Neither Contractor nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any action or inaction of City in connection with its performance of its obligations under this Agreement. City shall fully defend, indemnify, and save harmless Contractor from all suits or actions of every name, kind and description brought on for or on account of injury occurring by reason of anything done or omitted to be done by City in performing its obligations under this Agreement. b. Contractor Liability. Neither City nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Contractor under or in connection with any action or inaction of Contractor in connection with its performance of its obligations under this Agreement. Contractor shall fully defend, indemnify, and save harmless City from all suits or actions of every name, kind and description brought on for or on account of injury occurring by reason of anything done or omitted to be done by Contractor in performing its obligations under this Agreement. 14. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance as set forth in Exhibit E. 15. DEFAULT AND REMEDIES. a. Events of default. Each of the following shall constitute an event of default hereunder: Page 12 of 17 38 I . Failure to perform any obligation under this Agreement and failure to cure such breach immediately upon receiving notice of such breach, if the breach is such that the City determines the health, welfare, or safety of the public is immediately endangered; or 2. Failure to perform any obligation under this Agreement and failure to cure such breach within fifteen (15) days of receiving notice of such breach, if the breach is such that the City determines that the health, welfare, or safety of the public is not immediately endangered, provided that if the nature of the breach is such that the City determines it will reasonably require more than fifteen (15) days to cure, Contractor shall not be in default if Contractor promptly commences the cure and diligently proceeds to completion of the cure. b. Remedies upon default. Upon any Contractor default, City shall have the right to immediately suspend or terminate the Agreement, seek specific performance, contract with another party to perform this Agreement and/or seek damages including incidental, consequential and /or special damages to the full extent allowed by law. No Waiver. Failure by City to seek any remedy for any default hereunder shall not constitute a waiver of any other rights hereunder or any right to seek any remedy for any subsequent default. 16. TERMINATION. Either party may terminate this Agreement with or without cause by providing 60 days notice in writing to the other party. Either party may terminate this Agreement at any time without prior notice in the event that the other party commits a material breach of the terms of this Agreement. Upon termination, this Agreement shall become of no further force or effect whatsoever and each of the parties hereto shall be relieved and discharged herefrom, subject to payment for acceptable services rendered prior to the expiration of the notice of termination. Notwithstanding the foregoing, the provisions of this Agreement concerning retention of records, City's rights to material produced, confidential information, contractor's responsibility, indemnification, insurance, dispute resolution, litigation, and jurisdiction and severability shall survive termination of this Agreement. 17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any dispute or claim arising under this Agreement. If the parties fail to resolve such disputes or claims, they shall submit them to mediation in California at shared expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In the event any dispute resolution processes are involved, each party shall bear its own costs and attorneys fees. 18. LITIGATION. If any litigation is commenced between parties to this Agreement concerning any provision hereof or the rights and duties of any person in relation thereto, each party shall bear its own attorneys' fees and costs. 19. JURISDICTION AND SEVERABILITY. This Agreement shall be administered and Page 13 of 17 39 interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that state and venue shall be in Santa Clara County, California. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. 20. NOTICE OF NON - RENEWAL. Contractor understands and agrees that there is no representation, implication, or understanding that the City will request that work product provided by Contractor under this Agreement be supplemented or continued by Contractor under a new agreement following expiration or termination of this Agreement. Contractor waives all rights or claims to notice or hearing respecting any failure by City to continue to request or retain all or any portion of the work product from Contractor following the expiration or termination of this Agreement. 21. PARTIES IN INTEREST. This Agreement is entered only for the benefit of the parties executing this Agreement and not for the benefit of any other individual, entity or person. 22. WAIVER. Neither the acceptance of work or payment for work pursuant to this Agreement shall constitute a waiver of any rights or obligations arising under this Agreement. The failure by the City to enforce any of Contractor's obligations or to exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter. The failure by the Contractor to enforce any of the City's obligations or to exercise Contractor's rights shall in no event be deemed a waiver of the right to do so thereafter. Page 14 of 17 40 EXHIBIT E INSURANCE Please refer to the insurance requirements listed below. Those which have an "X" indicated in the space before the requirement apply to Contractor's Agreement (ignore any not checked). Contractor shall provide its insurance broker(s) /agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements to: Administrative Services Officer, City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070. Contractor shall furnish City with copies of original endorsements affecting coverage required by this Exhibit E. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor's insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. X Commercial General/Business Liability Insurance with coverage as indicated: X $1,000,000 per occurrence /$2,000,000 aggregate limits for bodily injury and property damage per occurrence bodily injury /$ per occurrence property damage Coverage for X, C, U hazards MUST be evidenced on the Certificate of Insurance If the standard ISO Form wording for "OTHER INSURANCE ", or other comparable wording, is not contained in Contractor's liability insurance policy, an endorsement must be provided that said insurance will be primary insurance and any insurance or self - insurance maintained by City, its officers, employees, agents or volunteers shall be in excess of Contractor's insurance and shall not contribute to it. X Auto Liability Insurance with coverage as indicated: X $1,000,000 combined single limit for bodily injury and property damage per person/$ per accident for bodily injury per occurrence for property damage 500,000 combined single limit for bodily injury and property damage Garage keepers extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the contractor, regardless of where the vehicles are kept or driven. Professional /Errors and Omissions Liability with coverage as indicated: 1,000,000 per loss/ $2,000,000 aggregate Paae 15 of 17 41 5,000,000 per loss/ $5,000,000 aggregate Contractor must maintain Professional/Errors & Omissions Liability coverage for a period of three years after the expiration of this Agreement. Contractor may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail coverage applicable to said three year period. X Workers' Compensation Insurance Including minimum $1,000,000 Employer's Liability The Employer's Liability policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents. The Contractor makes the following certification, required by section 1861 of the California Labor Code: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract X Additional Insured Endorsement(s) for Commercial General /Business Liability coverage naming the City of Saratoga, its officers, employees and agents as additional insured. NOTE: additional insured language on the Certificate of Insurance is NOT acceptable without a separate endorsement such as Form CG 20 10) X The Certificate of Insurance MUST provide 30 days notice of cancellation, (10 days notice for non - payment of premium). NOTE: the following words must be crossed out or deleted from the standard cancellation clause: "... endeavor to ..." AND "... but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." All subcontractors used must comply with the above requirements except as noted below: As to all of the checked insurance requirements above, the following shall apply: Page 16 of 17 42 a. Deductibles and Self - Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, its officers, officials and employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. b. City as Additional Insured. The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor, premises owned, occupied or used by the Contractor, or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials, employees or volunteers. c. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. 2. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 3. Coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. d. Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than ANII. If you have any general questions please call Michele Braucht, Administrative Services Director at 408/868 - 1221. Page 17 of 17 43 SARATOGA CITY COUNCIL MEETING DATE:February 3, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Proclamation Declaring February 17, 2016 as Random Acts of Kindness Day RECOMMENDED ACTION: Present the proclamation to Louise Webb. BACKGROUND: Louise Webb, a resident and a former reporter for the Saratoga News, wrote an article in 1995 for the paper on Random Acts of Kindness and received a proclamation from the City Council declaring February 17, 1995 as Random Acts of Kindness Day. Louise requested that the City Council proclaim February 17, 2016 as Random Acts of Kindness Day in Saratoga. ATTACHMENTS: Attachment A – Proclamation for Random Acts of Kindness Day 44 PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA PROCLAIMING FEBRUARY 17, 2016 AS RANDOM ACTS OF KINDNESS DAY WHEREAS, in February 1993, Anne Herbert’s book, “Random Acts of Kindness” was published; and WHEREAS, in 1995, U.S. Congress proclaimed February 17, 1995 Random Acts of Kindness Day as part of National Random Acts of Kindness Week; and WHEREAS, Louise Webb, a resident and a former reporter for the Saratoga News, wrote an article in 1995 for the paper on Random Acts of Kindness and received a proclamation from the City Council declaring February 17, 1995 as Random Acts of Kindness Day; and WHEREAS, the Random Acts of Kindness Foundation has a website inspiring a culture of kindness in schools, homes, and communities by posting stories of random acts of kindness by the public and providing lessons for educators to incorporate in the classroom ; and WHEREAS, in February 2014, a social media pay-it-forward initiative started, known as #FeedtheDeed, where participants film themselves performing a random act of kindness, post it on Facebook, and then nominate other friends to do the same; and WHEREAS, as a result of the social media campaign, over 10,000 stories of random acts of kindness have been shared; and WHEREAS, Saratoga invited residents to share their random acts of kindness and received numerous stories of residents acting compassionately and neighborly towards fellow community members. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim February 17, 2016 as Random Acts of Kindness Day and encourage Saratoga’s residents to practice random acts of kindness. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 3rd day of February 2016. ___________________________ E. Manny Cappello, Mayor City of Saratoga 45 SARATOGA CITY COUNCIL MEETING DATE:February 3, 2016 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, City Clerk/Assistant to the City Manager SUBJECT:City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Special and Regular City Council Meeting on January 20, 2016. BACKGROUND: 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. 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 and Regular City Council Meeting on January 20, 2016 46 Saratoga City Council Meeting Minutes – Page 1 of 8 MINUTES WEDNESDAY, JANUARY 20, 2016 SARATOGA CITY COUNCIL SPECIAL MEETING At 5:30 p.m., the City Council called to order the Special Meeting in the Administrative Conference Room at City Hall and adjourned to Closed Session. At 5:45 p.m., the City Council conducted Library Commission interviews. At 6:00 p.m., the Council held a Joint Meeting with Santa Clara County Supervisor Joe Simitian. SARATOGA CITY COUNCIL REGULAR MEETING At 7:04 p.m., Mayor Cappello called the meeting to order and led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Manny Cappello, Vice Mayor Emily Lo, Council Members Mary-Lynne Bernald, Howard Miller, Rishi Kumar ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, City Clerk/Assistant to the City Manager John Cherbone, Public Works Director Mary Furey, Finance & Administrative Services Director Erwin Ordoñez, Community Development Director Michael Taylor, Recreation & Facilities Director REPORT ON POSTING OF AGENDA City Clerk Crystal Bothelio reported that the agenda for the meeting was properly posted on January 14, 2016. REPORT FROM CLOSED SESSION Mayor Cappello announced that there was nothing to report from Closed Session. REPORT FROM JOINT MEETING Mayor Cappello provided a summary of the Joint Meeting with Supervisor Joe Simitian, sharing that the group discussed the impacts of Proposition 47, as well as seniors and age friendly communities. During the meeting, Supervisor Simitian also provided information about his various appointments. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Rod Sinks, Cupertino City Council Member, encouraged the City Council to consider supporting a proposal from the West Valley and North County cities on the allocation of a potential half- cent tax measure that would provide more transportation funding in the West Valley and North County area. 47 Saratoga City Council Meeting Minutes – Page 2 of 8 CITY COUNCIL ANNOUNCEMENTS Council Member Kumar shared that on January 30, 2016, the first ever Federation of Indian Americans Republic Day Celebration will take place at Saratoga High School. Information is online at www.tinyurl.com/fiarepublicdaysignup. There will be a seminar, College Admission Process Demystified, on February 6 from 3:30 p.m. to 5:00 p.m. at the Joan Pisani Community Center. Information is online at http://www.rishikumar.com/events.html. Last, the free Sunday classes at the Joan Pisani Community Center are back. Information is available at http://www.rishikumar.com/events.html. Council Member Miller announced that despite recent rain, California is still suffering from a drought and it is important to continue conserving water or further reduce water use if possible. Additionally, there are a number of exciting classes being offered through the City of Saratoga Recreation Department, including driver’s education and lifeguard/CPR training for teens. Information is available in the Saratoga Recreation Activity Guide. Council Member Bernald announced that the Sister City Group will be holding a potluck at the Joan Pisani Community Center on January 27, 2016. Additionally, a delegation of 15 people from Muko, Japan visited Saratoga from January 18th through the 20th. The delegation, which included the Mayor of Muko, had the opportunity to visit different locations throughout the City, including the Saratoga Historical Museum and Hakone Gardens. Vice Mayor Lo shared that Saratoga residents can visit Hakone for free on the first Tuesday of every month. The next day residents can visit the park for free is February 2. The park is open from 10:00 a.m. to 4:00 p.m. The public can also purchase a membership to Hakone Gardens and visit the park at no cost anytime of the year. Mayor Cappello announced that the City is accepting applications for the Planning Commission and Library Commission. The Planning Commission applications are due February 23 and Library Commission applications are due March 1. Information is on the City’s website at www.saratoga.ca.us/comvac. He also announced that the State of the City will take place on February 27 from 3:00 p.m. to 5:00 p.m. at the Civic Theater. The event will include refreshments, live music, and information about what is happening in the City. Additionally, applications for the Community Event and Street Closure grants are due March 1. Information is on the City’s website at www.saratoga.ca.us. The City is also conducting a survey on the Saratoga Village. The survey and additional information can be found online at www.saratogavillageplan.org. CEREMONIAL ITEMS Commendation for Supervisor Joe Simitian Recommended Action: Present the commendation to Supervisor Joe Simitian. Mayor Cappello presented the commendation to Supervisor Joe Simitian. SPECIAL PRESENTATIONS Presentation by Midpeninsula Regional Open Space District Recommended Action: Receive a presentation by the Midpeninsula Regional Open Space District representatives. 48 Saratoga City Council Meeting Minutes – Page 3 of 8 Pete Siemens, Midpeninsula Regional Open Space District Director for Ward 1, provided a presentation on the current status of the voter-approved Measure AA bond funds. Mayor Cappello invited public comment. No one requested to speak. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Special and Regular City Council Meeting on December 16, 2015. MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON DECEMBER 16, 2015. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 12/16/2015: Period 6 01/05/2016: Period 7 01/12/2016: Period 7 MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/16/2015 PERIOD 6; 01/05/2016 PERIOD 7; AND 01/12/2016 PERIOD 7. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Treasurer’s Report for the Month Ended October 31, 2015 Recommended Action: Review and accept the Treasurer’s Report for the month ended October 31, 2015. MILLER/BERNALD MOVED TO ACCEPT TREASURER’S REPORT FOR THE MONTH ENDED OCTOBER 31, 2015. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.4. Treasurer’s Report for the Month Ended November 30, 2015 Recommended Action: Review and accept the Treasurer’s Report for the month ended November 30, 2015. MILLER/BERNALD MOVED TO ACCEPT TREASURER’S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2015. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 49 Saratoga City Council Meeting Minutes – Page 4 of 8 1.5. Resolution Authorizing Final Disposition of Certain City Records Recommended Action: Adopt resolution authorizing final disposition of certain city records. RESOLUTION NO. 16-001 MILLER/BERNALD MOVED TO ADOPT RESOLUTION AUTHORIZING FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.6. Approval of Contract with NBBM for Janitorial Services Recommended Action: Staff recommends that Council approve a contract with NBBM Services for janitorial services of City facilities in the amount of $67,000. MILLER/BERNALD MOVED TO APPROVE A CONTRACT WITH NBBM SERVICES FOR JANITORIAL SERVICES OF CITY FACILITIES IN THE AMOUNT OF $67,000. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Resolution Updating Unrepresented Employee’s Compensation and Terms of Employment Recommended Action: Adopt the resolution approving compensation and terms of employment for Unrepresented Employees. RESOLUTION NO. 16-002 MILLER/BERNALD MOVED TO ADOPT THE RESOLUTION APPROVING COMPENSATION AND TERMS OF EMPLOYMENT FOR UNREPRESENTED EMPLOYEES. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.8. Library Commission Meeting Schedule Recommended Action: Adopt resolution amending the Library Commission meeting schedule. RESOLUTION NO. 16-003 MILLER/BERNALD MOVED TO ADOPT RESOLUTION AMENDING THE LIBRARY COMMISSION MEETING SCHEDULE. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 50 Saratoga City Council Meeting Minutes – Page 5 of 8 2. PUBLIC HEARING 2.1. Consider Actions Related to the formation of a Community Choice Energy Program Recommended Action: 1. Receive report on the attached Draft Silicon Valley Community Choice Energy Technical Study. 2. Conduct a Public Hearing and introduce and waive the first reading of the attached Ordinance to authorize the implementation of a Community Choice Energy Program and find that the project is exempt from CEQA pursuant to CEQA Guidelines 15378(a), 15061(b)(3), and 15308 . Mary Furey, Finance and Administrative Services Director, presented the staff report. Melody Tovar, Regulatory Programs Division Manager at the City of Sunnyvale, provided a presentation on the Community Choice Energy Program. Mayor Cappello invited public comment on the item. The following people requested to speak: Rod Sinks, Cupertino City Council Member, spoke in favor of the ordinance authorizing implementation of the Community Choice Energy Program. Gary Latshaw with the Sierra Club and Carbon Free Mountain View spoke in favor of the ordinance authorizing implementation of the Community Choice Energy Program. Jan Butts with Carbon Free Mountain View spoke in favor of the ordinance authorizing implementation of the Community Choice Energy Program. No one else requested to speak. LO/KUMAR MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE TO AUTHORIZE THE IMPLEMENTATION OF A COMMUNITY CHOICE ENERGY PROGRAM; DIRECT STAFF TO PLACE THE ORDINANCE ON THE AGENDA OF THE NEXT REGULAR MEETING FOR SECOND READING AND ADOPTION; AND FIND THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES 15378(A), 15061(B)(3), AND 15308. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2.2. Hazardous Vegetation Program Resolution Declaring Abatement of Public Nuisance Recommended Action: Conduct public hearing and adopt resolution. Crystal Bothelio, City Clerk/Assistant to the City Manager, presented the staff report. Moe Kumre, Santa Clara County Weed Abatement Program Manager, addressed City Council questions. Mayor Cappello invited public comment on the item. 51 Saratoga City Council Meeting Minutes – Page 6 of 8 Charles Luke raised concerns about the listing of his property on the Commencement Report, as he has been compliant with the Weed Abatement Program requirements and understood that his property should have been removed after meeting program requirements the last 3 years. Moe Kumre confirmed that his property should have been removed if it has been compliant the last 3 years and his property may have been listed by mistake. If the property has been listed by mistake, it will be removed from the Commencement Report. No one else requested to speak. RESOLUTION NO. 16-004 BERNALD/MILLER MOVED TO ADOPT THE RESOLUTION AND DIRECTED STAFF TO WORK WITH THE COUNTY TO INCLUDE ADDITIONAL LANGUAGE ON HOW TO BE REMOVED FROM THE WEED ABATEMENT PROGRAM AND COMMENCEMENT LIST ON PROGRAM NOTICES. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3. OLD BUSINESS None 4. NEW BUSINESS 4.1. Amendment to the Policy Pertaining to Naming City-Owned Land and Facilities Recommended Action: Adopt a resolution amending the City policy pertaining to the naming of City-owned land and facilities. Recreation and Facilities Director Michael Taylor presented the staff report. Mayor Cappello invited public comment on the item. The following people requested to speak: Lisa Huening, Saratoga Area Senior Coordinating Council Board President, spoke in favor of the naming policy amendments. Ann Waltonsmith, Hakone Foundation Board of Trustees Chair, spoke in favor of the naming policy amendments. Taylor Taylor, Saratoga Area Senior Coordinating Council Board Member, spoke in favor of the naming policy amendments. No one else requested to speak. 52 Saratoga City Council Meeting Minutes – Page 7 of 8 RESOLUTION NO. 16-005 BERNALD/MILLER MOVED TO ADOPT A RESOLUTION AMENDING THE CITY POLICY PERTAINING TO THE NAMING OF CITY-OWNED LAND AND FACILITIES TO ALLOW A LOCAL NON-PROFIT ORGANIZATION OPERATING CITY-OWNED LAND OR FACILITIES TO OFFER NAMING RIGHTS TO MAJOR DONOR(S) AS ENTICEMENT TO RECEIVE CAPITAL PROJECT CONTRIBUTIONS UPON CITY COUNCIL APPROVAL OF A FUNDRAISING PLAN AND GIVING THE CITY COUNCIL FINAL APPROVAL OF THE PROPOSED NAME. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 4.2. Resolution Calling for a Collaborative Solution to Homelessness in Santa Clara County Recommended Action: Adopt resolution finding that homelessness is a regional crisis and calling for a collaborative solution in Santa Clara County. City Clerk/Assistant to the City Manager Crystal Bothelio presented the staff report. Mayor Cappello invited public comment on the item. No one requested to speak. RESOLUTION NO. 16-006 MILLER/KUMAR MOVED TO ADOPT RESOLUTION FINDING THAT HOMELESSNESS IS A REGIONAL CRISIS AND CALLING FOR A COLLABORATIVE SOLUTION IN SANTA CLARA COUNTY. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. CITY COUNCIL ASSIGNMENT REPORTS Mayor Manny Cappello Cities Association of Santa Clara County – during the last meeting, the group discussed priorities for the year. They included medical marijuana, the minimum age to purchase tobacco, FAA flight paths, senior community services, and other topics. West Valley Mayors and Managers – the group generated a list of topics to be covered during 2016. These included transportation funding, the CalPERS unfunded accrued liability, the Community Choice Energy Program, a bike share joint grant application, sub regional housing needs allocations, the MTC/ABAG merger, FAA flight paths, senior transportation, gun store regulations, and smoking and medical marijuana regulations. West Valley Sanitation District – Mayor Cappello was selected as Chair of the Board and Campbell Council Member Michael Kotowski was selected as Vice Chair. The District is working with the City of San Jose on the master agreement for the water treatment plant and the payment schedule. 53 Saratoga City Council Meeting Minutes – Page 8 of 8 Vice Mayor Emily Lo KSAR Community Access TV Board – there was a meeting the week of January 11, 2016 and the Board discussed the video program and preparation for the Joint Meeting with the City Council. Saratoga Chamber of Commerce & Destination Saratoga – during the Chamber of Commerce meeting last week, the Board learned that the new banner at the Chamber office is drawing visitors to the office. Additionally, the Chamber has received requests for a brochure on the Quarry Park with directions to the park. The group is also making plans for the next car show, scheduled for July17, 2016. Nominations for Citizen of the Year are open and due by February 12, 2016. The Citizen of the Year award will be presented at the State of the City. Lastly, she shared that there is a Chamber mixer on January 28, 2016. Council Member Mary-Lynne Bernald West Valley Solid Waste Management Joint Powers Authority – Council Member Bernald shared that she met with the Executive Director of the Authority to get an overview of the Authority. Council Member Howard Miller Valley Transportation Authority (VTA) Policy Advisory Committee – the Committee voted to reappoint the current Chair and Vice Chair during the last meeting. VTA Board West Valley Cities Alternate – during the last meeting, there was discussion of VTA participating in the Clipper Card system. Information about Super Bowl preparations was shared. The BART project is well ahead of schedule and also under budget. VTA is also launching a pilot program for on-demand shuttle service in the North San Jose/Santa Clara area. Council Member Rishi Kumar Santa Clara Valley Water District Commission – the next meeting is the week of January 25, 2016. Council Member Kumar also shared that he has been appointed to several League of California Cities policy committees, including the employee relations and administrative policy committees, and will attend committee meetings on January 21, 2016 in Sacramento. In March, he also plans to visit Washington DC with a delegation of CEOs to advocate for additional transportation funds for Silicon Valley. Council Member Kumar also shared that he attended a Community Choice Energy Program meeting at the Convention Center the week of January 11. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT None ADJOURNMENT MILLER/BERNALD MOVED TO ADJOURN THE MEETING AT 9:59 P.M. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Crystal Bothelio, City Clerk/Assistant to the City Manager City of Saratoga 54 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 # 1/19/16 129869 129910 42 162,821.74 01/19/16 01/12/16 129868 1/26/16 129911 129977 66*187,607.20 01/27/16 01/19/16 129910 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 01/19/16 129874 ABAG Plan Corp General 38,781.60 01/19/16 129908 Vista Landscape Maint.Various PW 24,992.75 01/26/16 129936 PW 35,723.70 01/26/16 129961 Shute, Mihaly & Weinberger General Various 20,646.48 Accounts Payable checks voided during this time period: AP Date Check #Amount 01/26/16 129947 Reprint Check 4,808.00 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format PREPARED BY: Attorney Services Fund Purpose Landscape Srvcs Quarter Premium SARATOGA CITY COUNCIL MEETING DATE:February 3, 2016 DEPARTMENT:Finance & Administrative Services 01/26/2016: Period 7 01/19/2016: Period 7 Ending Check #Type of Checks Accounts Payable Issued to *Portico, Inc.Printer Jam Prior Check Register Checks Released Total Checks Amount Reason Status Starting Check #Date Guerra Construction Saratoga Village ProjCIP Streets Repair Accounts Payable Worker's Comp 55 56 57 58 59 60 61 62 63 64 65 SARATOGA CITY COUNCIL MEETING DATE:February 3, 2016 DEPARTMENT:Public Works PREPARED BY:Iveta Harvancik, Senior Engineer SUBJECT:Acceptance of Allendale Avenue Right-of-Way Dedication RECOMMENDED ACTION: 1.Move to adopt Resolution Accepting Offer to Dedicate Property for Street Purposes along frontage of Subdivision SUB14-0003 for a portion of Allendale Avenue into the City’s publicly maintained street system. 2.Authorize the City Manager to sign the Certificate of Acceptance. BACKGROUND: During the lot split application at 18781 Allendale Avenue approved last year it was discovered that Allendale Avenue right-of-way along this property was dedicated to the City of Saratoga many years ago but it was never accepted. The offer was made by the owner of the property at that time Mrs. Gloria Tsugiko Kubota and recorded with the County in 1972. To correct this situation the City can formally accept the dedication by adopting attached resolution accepting the Offer and executing attached Certificate of Acceptance. This acceptance will not affect current City operations since this section of Allendale Avenue has been already in the City roadway maintenance program. It is recommended that the City Council accept the Allendale Avenue dedication and authorize the City Manager to sign the Certificate of Acceptance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The street dedication will not be accepted and the portion of Allendale Avenue will remain private. 66 FOLLOW UP ACTION: The Resolution will be recorded. ATTACHMENTS: Attachment A - Resolution Accepting Offer to Dedicate Property for Street Purposes Attachment B - Offer to Dedicate Property for Street Purposes Attachment C - Certificate of Acceptance Attachment D - Site Map 2 67 RECORDING REQUESTED BY: City of Saratoga WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, California 95070 Record without fee pursuant to Government Code Section 6103. RESOLUTION NO. 36B - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ACCEPTING OFFER TO DEDICATE PROPERTY FOR STREET PURPOSES 18781 ALLENDALE AVENUE, APN 389-27-042 WHEREAS, the Offer to Dedicate Property for Street Purposes (“Offer”) by Gloria Tsugiko Kubota was recorded December 13, 1972 in Book 0153 of Official Records at Page 310 as Document No. 4412294; WHEREAS, this Offer applies to Allendale Avenue right-of-way along frontage of the property known as 18781 Allendale Avenue or APN 389-27-042; WHEREAS, the City Council has determined that the acceptance of the Offer would be in the public interest. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1.Accepts that certain Offer to Dedicate Property for Street Purposes as described hereinabove; and 2.Authorizes and directs the City Clerk to record this Resolution Accepting the Offer. Passed and adopted on the 3rd day of February, 2016 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: 68 NOES: ABSENT: ABSTAIN: ______________________ Manny Cappello, Mayor City of Saratoga Attest: _______________________ Crystal Bothelio, City Clerk 69 70 71 72 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 8, 1972 (attached hereto as Exhibit A) from Gloria Tsugiko Kubota 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 February 3, 2016, 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] 73 HARLEIGH C T . F O R T UN A PE C T . C T . D R . A L T O SE RR A O AK S V I A AVE. AV E . ALLENDALE RIG HT-OF-WAY DEDICATION SUB0014-0003 SITE MAP Meeting Date: Subject: Locati on and AP N: February 3, 2016 Allendale Avenue Right-of-Way Dedication 18781 Allendale Avenue, APN 389-27-042 -74 SARATOGA CITY COUNCIL MEETING DATE:February 3, 2016 DEPARTMENT:Community Development PREPARED BY:Sandy L. Baily, Community Development Department SUBJECT:Appeal of Design Review application for a new two-story residence at 14780 Montalvo Road RECOMMENDED ACTION: Conduct a public hearing and adopt a resolution denying the appeal. BACKGROUND: On December 9, 2015, the Planning Commission (PC) approved an application submitted by Kirk Goodere for Design Review (PDR15-0023) approval to demolish an existing 3,951 square foot nonconforming single story residence and to construct a new 26 foot tall, 4,602 square foot two-story residence with a 281 square foot deed restricted second dwelling unit located at 14780 Montalvo Road. The PC staff report and Desk Item Memo (with attachments) are included with this report as Attachments 2 and 3, and summary action minutes are also included as Attachment 6. On December 22, 2015, Kara Yeung and Jian Wang submitted an appeal (APPC15-0004) of the Planning Commission approval. The completed appeal form is included as Attachment 4. The Appellant’s stated reasons for submitting the appeal are itemized within that attachment and summarized below: •The height of the structure, location on the site, and architectural elements are not designed to avoid unreasonable impacts to the privacy of adjoining neighbors. •This home is the maximum size and height allowed and is significantly taller and larger than adjacent homes. •The south side wall plane is over 20 feet tall and not in scale with the adjacent residence. •The second story setback is not in proportion to the size of the lot and proximity to neighbor. •The south side yard setback is not designed to minimize impacts on neighbor privacy. •Windows and balconies of master are in direct view of neighbor’s private indoor and outdoor areas are not minimized. •Clerestory windows or windows with higher sills are not proposed where privacy is a concern. 75 •Finished floor height and window placement did not consider impact on adjoining neighbor. •Residential privacy should not be achieved solely with fencing and landscaping between properties. PROJECT DESCRIPTION: The 19,473 square foot property is an irregular triangular-shaped lot and is located on a curving street, which creates an unconventional building envelope for the property. The residential neighborhood includes both single story and two story homes with various architectural styles. The houses on both sides of the subject property are single story and the house across the street is two stories. Another new two story house was recently approved by the Planning Commission on June 10, 2015, two properties south of the subject lot. The applicant is proposing to demolish the existing 3,134.68 sq. ft. single-story square foot home on the property. The house is nonconforming because the structure projects 3’3” into the required front yard and 1’8” into the left side-yard setbacks. To replace the existing home, the applicant proposes to construct a new 4,602 square foot two story single family residence which includes an attached garage and a 281 sq. ft. attached second unit with an attached carport. The applicant is proposing a two-story contemporary designed home that will be 25 feet 11 inches in height. A balcony is proposed at the rear elevation which was modified as shown in Attachment 3 to meet setback requirements. The proposed structure with the modified balcony conforms to current setback requirements. No trees will be impacted by this proposal. The adjacent lot to the south of the subject lot is at a slightly higher elevation and the adjacent lot to the north of the subject lot is at a slightly lower elevation. PLANNING COMMISSION REVIEW: The project was reviewed and approved by the Planning Commission on December 9, 2015. The application was approved with the revised rear balcony plan shown in Attachment 3, and the PC added the following two additional Conditions of Approval to those recommended by Staff: •House Color. The exterior house color shall be changed from white to a creamier less reflective color. Color samples shall be submitted to the Community Development Department for approval prior to issuance of the building permit. •Privacy Tree Planting. One evergreen tree shall be planted along the southern property line to further block the view from the balcony and neighbor. Specie, size and location of tree shall be approved by the City Arborist prior to issuance of a building permit. The tree shall be planted prior to final occupancy. The PC approval resolution with Conditions of Approval can be found as Attachment 5. STAFF NOTE: Subsequent to the Planning Commission’s action on this matter, it was discovered that a condition for requiring a deed restriction for the second unit was not included in the approved resolution. Therefore the following condition has been incorporated in the City Council’s resolution (Attachment 1): Second Dwelling Unit Deed Restriction (Permanent Condition). Prior to issuance of a building permit, the property owner shall record a City prepared second dwelling unit deed 2 76 restriction, at the property owner’s expense, so if rented, the unit shall only be rented to below market rate households. ATTACHMENTS: Attachment 1 - Appeal application Attachment 2 – Resolution Denying the Appeal Attachment 3 – Reduced Plan Set, Exhibit A Attachment 4 – Written Communication Attachment 5 – PC Staff Report for PDR15-0023, dated December 9, 2015 Attachment 6 – Planning Commission Desk Item Memo, dated December 9, 2015 Attachment 7 – Resolution for Approval with Conditions of Approval, dated December 9, 2015 Attachment 8 – PC Minutes, dated December 9, 2015 77 78 79 80 RESOLUTION NO: XX-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL, AND APPROVING DESIGN REVIEW NO. PDR15-0023 FOR THE DEMOLITION OF AN EXISTING RESIDENCE AND THE CONSTRUCTION OF A NEW TWO-STORY RESIDENCE AND SECOND DWELLING UNIT AT 14768 MONTALVO RD (APN 517-20-041) WHEREAS, on September 2, 2015, an application was submitted by Kirk Goodere to demolish an existing nonconforming residence and to construct a new 26 foot tall, 4,602 square foot two-story residence with a 281 square foot second dwelling unit which will be an affordable housing unit located at 14768 Montalvo Road. Design Review approval is required because the proposed main residence is a new two-story structure over eighteen feet in height. The foregoing work is described in more detail in the application and referred to as the “Project” in this Resolution. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the City Council determine this project categorically exempt under CEQA Guidelines §15303, as the Planning Commission did previously. WHEREAS, on December 9, 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 approved the Design Review application for the Project (PDR15- 0023); and WHEREAS, the Planning Commission’s approval action included additional Conditions of Approval addressing evidence it reviewed at a site visit on December 8, 2015 and at the public hearing on December 9, 2015; and WHEREAS, on December 22, 2015, an appeal to the City Council was filed by Kara Yeung and Jian Wang (collectively “appellant”); and WHEREAS, on February 3, 2016, the City Council held a duly noticed public hearing on the subject appeal, and considered the proposed categorical exemption under CEQA Guidelines §15303, and the evidence presented by City Staff, the appellant, the applicant, and other interested parties. NOW THEREFORE, the City Council of the City of Saratoga hereby denies the appeal of the appellant, affirms the decision of the Planning Commission of the City of Saratoga made on December 9, 2015, approves the categorical exemption under CEQA, approves applicant’s Design Review application, and further finds, determines and resolves as follows: Section 1: 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. 81 Resolution No. XX-XXX Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures,” (CEQA Guidelines). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. Section 4: The project is consistent with the Saratoga City Code in that a nonconformity will be eliminated and the proposed house will conform to current setback requirements, the design and improvements are consistent with the design review findings in that the project follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints; preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds; the mass and height of the structure and its architectural elements are in scale with the structure itself and with the neighborhood; landscaping minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize solar energy; and is consistent with the Residential Design Review Handbook. Section 5: The City Council of the City of Saratoga hereby approves PDR15-0023 located at 14768 Montalvo Road, subject to the Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City Council of the City of Saratoga on this 3rd day of February 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ Manny Cappello, Mayor Attest: Crystal Bothelio, City Clerk 82 Resolution No. XX-XXX EXHIBIT 1 CONDITIONS OF APPROVAL PDR15-0023 14768 MONTALVO RD (APN 517-20-041) 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, or grading permit for this project shall be issued until proof is filed with the City that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the satisfaction of the Community Development Director. 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. 2. The Owner and Applicant will be mailed a statement 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 City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. 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. 4. 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. 83 Resolution No. XX-XXX In addition, prior to any Zoning Clearance, 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. 5. Construction must be commenced within 36 months from the date of this approval (December 9, 2018), or the resolution will expire. COMMUNITY DEVELOPMENT 6. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated November 23, 2015 denominated Exhibit “A” with revised plans for the rear balcony dated December 7, 2015. 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 3, above. 7. 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 City 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. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. 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. 10. Setback Verification Letter. Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per the approved plans. 84 Resolution No. XX-XXX 11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees. f. Sufficient documentation to show how the project complies with applicable Water Efficient Landscape Ordinance (WELO) requirements including the payment of deposit fees for the review of submitted plans and water budget/usage calculations. 12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 13. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 14. Landscaping. Landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Construction Management Plan. The applicant shall submit a construction management plan prior to obtaining a building permit. The plan shall address work hours and schedule, equipment/material staging and parking, estimated vehicular traffic, contaminated soil management, dust control measures, noise mitigation, and general health and safety. 16. House Color. The exterior house color shall be changed from white to a creamier less reflective color. Color samples shall be submitted to the Community Development Department for approval prior to issuance of the building permit. 17. Second Dwelling Unit Deed Restriction (Permanent Condition). Prior to issuance of a building permit, the property owner shall record a City prepared second dwelling unit deed restriction, at the property owner’s expense, so if rented, the unit shall only be rented to below market rate households. 85 Resolution No. XX-XXX CITY ARBORIST 18. Arborist Report (ARB15-0063). All recommendations of the Arborist Report dated October 6, 2015 and all other future updated reports, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. 19. Privacy Tree Planting. One evergreen tree shall be planted along the southern property line to further block the view from the balcony and neighbor. Specie, size and location of tree shall be approved by the City Arborist prior to issuance of a building permit. The tree shall be planted prior to final occupancy. PUBLIC WORKS 20. Fees. The owner (applicant) shall pay all applicable fees prior to Zone Clearance. 21. Encroachment Permit. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 86 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : T As Noted Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Co v e r P a g e Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s De s i g n R e v i e w A 8/ 0 5 / 1 5 No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y Ki r k G o o d e r e ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S De s i g n R e v i e w R e p l y 2 10 / 1 2 / 1 5 De s i g n R e v i e w U p d a t e 3 10 / 2 7 / 1 5 Project Code Summary Building Code Requirements Remarks Building Code References Edition California Building Code 2013 CBC California Fire Code 2013 CRC California Fire Code 2013 CFC California Plumbing Code 2013 CPC California Mechanical Code 2013 CMC California Electric Code 2013 CEC California Energy Code 2003 CEC California Green Building Code 2013 CBC Building Code Analysis Code Req't Code Ref. Construction Type V-B CBC Any Materials Allowed by Code Occupancy Type R3/U CBC Single Family Residence The purpose of this project is to demolish an existing single story ranch home and replace it with a two story Spanish Villa. The design takes inspiration and design clues from classic Spanish Villas and from Villa Montalvo. Which will be a perfect compliment to all those entering Villa Montalvo. No trees will be removed for the project. All loading and materials will be placed onto the existing driveways. The new house sits in the same location as the existing house. All existing landscaping to remain at rear and both sides of the house. Portion of the front landscaping to be converted to driveway for access to new garage. Residential New Home For: David & Jayne Wilson 14768 Montalvo Road Saratoga, CA. 95070 G 1.ALL NOTE BLOCKS SUCH AS THIS ONE ARE PROJECT NOTES APPLICABLE TO THE ENTIRE PROJECT OR TO SPECIFIC PORTIONS OF THE PROJECT. THE NOTE IDENTIFIER (LETTER AND NUMBER) - WHERE USED ON THE VARIOUS DRAWINGS AND DETAILS ARE USED AS KEYNOTE IDENTIFIERS TO REFER BACK TO THE NOTE BLOCKS WHICH GIVE DETAILED DESCRIPTIONS OR SPECIFICATIONS FOR THE OBJECT. G 2.CALLOUT NOTES (TEXT AND POINTER ARROW) MAY INCLUDE KEYNOTE IDENTIFIERS. G 3.BUILDING CODES - THE CODES APPLICABLE TO THIS PROJECT ARE SHOWN ON THE BUILDING CODES SUMMARY CHART ON THIS SHEET. G 4.DIMENSIONS ARE SHOWN WITH DIFFERENT DIMENSION LINE TYPES TO DISTINGUISH BETWEEN EXISTING DIMENSIONS AND NEW DIMENSIONS. REFER TO THE DIMENSION LINES KEY BELOW. G 5.SINCE THIS IS A REMODEL PROJECT DISCREPANCIES BETWEEN THE DRAWINGS AND ACTUAL CONDITIONS MAY OCCUR. WHERE DISCREPANCIES BETWEEN THE ACTUAL CONDITIONS AND THE DRAWINGS BECOME APPARENT CONTACT THE ARCHITECT TO RESOLVE THESE DISCREPANCIES BEFORE PROCEEDING TO ORDER EQUIPMENT, MATERIAL OR TO PERFORM WORK IN THESE AREAS. G 6.VERIFY ALL DIMENSIONS AND SIZES BEFORE ORDERING ANY MATERIALS OR EQUIPMENT FOR THIS PROJECT TO ENSURE THAT THE ORDERED ITEMS WILL FIT INTO THE EXISTING OR NEW SPACES WHERE THEY BELONG. G7.BEFORE CUTTING ANY MATERIALS, VERIFY DIMENSIONS AND CHECK TO ENSURE THAT ITEMS WILL FIT INTO THE EXISTING OR NEW SPACES WHERE THEY BELONG. G8.VERIFY ALL EQUIPMENT SIZES BEFORE CREATING OPENINGS AND ENCLOSURES FOR THE EQUIPMENT TO ENSURE THAT ITEMS WILL FIT INTO THE EXISTING OR NEW SPACES WHERE THEY BELONG. NEW DIMENSION DIMENSION IS FACE TO FACE OF SURFACES DIMENSION IS FACE TO FACE OF (E) SURFACES EXISTING DIMENSION INDICATES LENGTH, EXTENT AND TYPE OF SHEAR WALL PER SHEAR WALL SCHEDULE SHEAR WALL INDICATES CENTERLINE TO CENTERLINE CENTERLINE DIM. SW1 Project Contacts: Owner: Designer: Structural Engineer: David & Jayne Wilson 14768 Montalvo Drive Saratoga,CA. 95070 Home: (408) 442-2615 Kirk Goodere/Goodere & Associates Inc. Saratoga, CA. 95070 (408) 802-1518 Site Analysis And Statistics Year Originally Built 1977 Lot Size (Gross) 21094 (Net)=19,473.00± S.F.0.45± Ac.= Total Site Area Slope of Entire Site 7% Zoning Designation:R 1-20,000 CBC Occupancy Type R3/U CBC Construction Type VB Building Area Analysis Space ID Area (Sq. Ft.)% Lot Cover/FAR Remarks Existing House Living 3,134.68±S.F.Existing Living Area (E) Garage Area 816.38±S.F.Existing Garage Total Existing House 3,951.06±S.F.Existing Total New First Floor 2,109.86±S.F.New Living Area New Garage 566.68±S.F.New Garage Area New Second Floor 1,925.56±S.F.New Second Floor - Inc. Chimney Total New SF 4,602.09±S.F. Secondary Dwelling SF 280.66±S.F.Area of Secondary Dwelling Grand Total New SF 4,882.75±S.F. FAR 0.250 (FAR) Allowable Floor Area 4050 + (78x5)= 4440 + 444 (10% Addition for Secondary Dwelling) = 4884 Setback Conformance First Floor SB Designed First Flr Second Floor SB Designed Second Flr Front Setback 30'0"30'5"30'0"30'5" Rear Yard Setback NA NA NA NA Left Side Setback (North)15'0"17'1"20'0"42'6" Right Side Setback (SouthEast)15'0"17'3"20'0"23'9" Height Lowest Elevation Point 525.77' Highest Elevation Point 526.91' Average Elevation Point 526.34' Top Most Elevation Point 552.25'= 25'10 7/8" Site Coverage Impervious Surfaces % of Impervious Total SF Footprint of Home/Garage (includes roof overhang)24 4630.9 Walkways/Decks/Patio 0.1 194 Pool & Spa 4 682.2 (a) Subtotal Impervious 28.1 5507.1 Pervious Surfaces Actual S.F.50% credit Total SF Permeable Rear Patio 2225.7 1112.85 1112.85 Permeable Driveway 3067 1533.5 1533.5 (b) Subtotal Pervious 5292.7 2646.35 2646.35 Site Coverage Total 8153.45 Front Yard Sq.Ft.6726 Front Yard Coverage 3350 49.9% Only 194 sq.ft. is impervious Total Allowable Site Coverage 45% of Net site 19473 0.45 8762.85 TBD Second Floor Scale: 1/16" = 1'-0"2 SECOND FLOOR = 1935.53 S.F. First Floor Scale: 1/16" = 1'-0"1 GARAGE = 566.68 S.F. FIRST FLOOR = 2021.42 S.F. 3 2 2 3 87 LEGEND BOUNDARY EASEMENT CENTERLINE IMPROVEMENTS 10'CONTOUR 2'CONTOUR FENCE RETAINING WALL SPOT ELEVATION UTILITY BOX DRIP LINE . 528.56 FLOWLINE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 1 4 5 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 526.60 526.64 525.95 5 2 5 .9 3 525.72 525.46 525.53 5 2 5 . 7 7 524.75 524.67 525 .38 5 2 5 .2 8 525 .49 52 5 .7 0 5 2 5 . 6 7 5 2 5 . 7 2 525.87 529.11 52 8 .83 52 8 .6 6 528.53 528.91 527.71 527 .12 526 .25 525 .32 524.65 523.87 523.35 522.16 521.01 520 .21 51 9 .42 52 0 .15 520.81 52 2 .34 52 3 .03 525.57 526.48 523.93 523.09 521.18 524 .43 526.03 526.70 527.59 526.13 526.16 52 4 .9 7 523.98 523.51 525.65 525.88 525.62 524 .32 52 2 .88 521.56 523.97 523.97 525.47 526.04 527 .17 527 .78 526.31 526.17 526.85 526.69 526.66 5 2 7 .5 0 526.06 5 2 5 .9 1 5 2 6 .0 1 5 2 6 .1 3 52 6 .56 52 6 .63 52 6 .75 5 2 6 . 8 1 526.82 526.87 526.91 526.89 527.50 5 2 8 . 4 2 5 2 8 .3 0 5 2 8 .3 6 5 2 8 .3 4 5 2 8 . 3 6 528 .38 52 8 .53 528.54 528 .40 52 6 .85 5 2 6 .8 6 5 2 6 .9 3 52 6 .93 5 2 6 .9 7 526 .73 5 2 6 . 6 7 526.65 526.87 527.06 52 8 .07 52 8 .08 529 .00 5 3 0 .3 9 5 3 1 .0 1 533.96 533.32 532.17 530.58 529 .38 52 8 .38 5 2 6 .86 528.41 526.91 526.91 4" T R E E 4" T R E E 15"OAK 24"EUC FH W M IP TA G 15 " O A K 15 " O A K 18 " O A K D B L 8"O A K FF 15"O A K 15 " S Y C 12"SY C 12"SY C 16 " O A K 18"OAK CABTV 16"OA K 24"O A K F F CO FF AD 1 8 " O A K D B L 1 1 " O A K 2 8 " C D R 2 4 " P I N E FIRE PIT SCALE: 1"=10' FS BR I C K W A L L W / F E N C E GAS SHED 2'BL O C K WAL L W O O D F E N C E W I R E F E N C E 2.5 ' B L O C K W A L L ST O N E TI L E CONC. POOL EQ. 12"OAK COVERED PORCH STONE TILE BRICK PLANT. PLANTER 1'WD. WALL FLCONC. DWY S T O N E CONC. PERMEABLE STONE CONC. CONC. 2' B L O C K W A L L OUT- DOOR STOVE W A L L W A L L 2'S T O N E W A L L ST E P S SPA ST E P S P O O L W I R E F E N C E W O O D F E N C E W O O D F E N C E W I R E F E N C E PLANT. (E)HOUSE (E)GAR. 1 0 ' S .S . E. 5 .16 ' S 5 1 ° 0 2 ' 4 0 " W 5 6 .3 3 ' S 4 3 ° 1 8 ' 0 0 " W 2 5 .4 3 ' S53 ° 1 5 ' 3 0 " E 15 1 .50 ' S 5 1 ° 0 2 ' 4 0 " W 5 7 . 2 3 ' S 4 3 ° 1 8 ' 0 0 " W 1 4 5 .5 9 ' N30°0 8 ' 0 0 " W 18 .28' N15°51 ' 4 0 " E 46.56' R=4 2 0 .00' L=84.95' R=120 .00' L=96 .33' PERMEABLE STONE 3 0 " O A K 5 2 8 .56 5 2 8 .9 3 5 3 0 .3 4 2' S T O N E 53 0 .53 530 .38 5 2 8 .5 1 52 7 .7 0 5 3 0 .3 0 CONC . SW . 530 5 3 0 52 8 .93 MONT A L V O RD. 530 (E) HOUSE AND FOUNDATION TO BE DEMOLISHED (E) STONE & CONCRETE TO BE REMOVED (E) CONCRETE TOBE REMOVED (E)CONCRETE,STONE ANDBRICK WALKWAY TOREMAIN (E) CONCRETE TO BE REMOVED (E) CONCRETE TO REMAIN (E) CONCRETE TO BE REMOVED (E) CONCRETE TO BE REMOVED (E) PERMEABLE PATIO TO REMAIN (E) POOL TO REMAIN (E) GARAGE, SLAB & FOOTINGTO BE DEMOLISHED (E) SHED TO BE DEMOLISHED (E) CONCRETE TO BE REMOVED (E) CONCRETE TO BE REMOVED TYPE 1 TPZ FENCING TYPE 1 TPZ FENCING TYPE 1 TPZ FENCING INSTALL TEMPORARY CHAIN-LINK FENCING ON (E) DRIVEWAY-TO PROTECT RETAINING WALL AND LANDSCAPING, UNTIL DRIVEWAY REMOVAL SAVE AND PROTECT (E) CONC. WALL SAVE AND PROTECT (E) CONC. WALL SAVE AND PROTECT (E) CONC. WALL Site Plan Demolition Scale: 3/32" = 1'-0" Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : AS.00 1/4" = 1'-0" Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Si t e D e m o Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S De s i g n R e v i e w R e p l y 2 10 / 1 2 / 1 5 De s i g n R e v i e w U p d a t e 3 10 / 2 7 / 1 5 Demo Legend ITEMS/AREA TO BE REMOVED (E) PERMEABLE STONE PATIO TO REMAIN 3 88 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.00 1/4" = 1'-0" Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Fl o o r P l a n Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S De s i g n R e v i e w R e p l y 2 10 / 2 7 / 1 5 PORCH D-09 W-06 W-04W-04A FAMILY OFFICE SECONDARY DWELLING MUD DINING ENTRY W-02 W-01 W-10 W-09 W-08 W-07 D-06D-08 D-07 W-05 D-04 D-05 W-03 D-21 D-18 D-14 D-13 D-12 1/2 BATH D-11 LAUNDRY OPEN TO ABOVE D-19 D-20 GUEST SUITE D-10 COAT AND CUBBY STORAGE BATH 1 PANTRY D-16BENCH, SHOE BELOW KITCHEN D-15 D-17 DBL OVEN WD 30" COVERED PATIO 19'0" x 18'0" BATH 2 TA L L ST O R A G E CA B I N E T MW DW DW KITCHENETTE D-03 D-02aD-02 D-01 48 " R E F CRAWL ACCESS GARAGE 6-0X5-0 3-0X5-0 2-6X4-0 2-0X6-0 2-0X6-0 6-0X8-0 2-0X3-0 7-0X8-0 7-0X8-0 7-0X8-0 7-6X4-2 5-0X4-2 5-0X4-2 2-6X4-0 2-6X8-0 6-0X8-0 3-0X8-0 10-0X7-010-0X7-0 3-0X3-0 7-0X8-0 400A MAIN 12 7.4 13'-078"7'-338"11'-1118"11'-1038"13'-478"8'-238"27'-1"13'-11 4" 24 ' - 5 1 4 " 21 ' - 8 1 2 " 22'-738"33'-914"31'-958" 21 ' - 0 1 8 " 92'-10" 46 ' - 1 5 8 " 4'-73 4" 92'-10" 13'-078"7'-338"11'-1118"11'-738"13'-478"8'-538"26'-10"13'-234" 24 ' - 5 1 4 " 21 ' - 5 1 2 " 22'-738"33'-914"31'-658" 20 ' - 9 1 4 " 92'-10" 46 ' - 1 5 8 " 4'-734" 92'-10" 1' - 9 " 5' - 1 3 4 " 2' - 8 1 2 " 2' - 7 1 2 " 10 " 4' - 6 " 3' - 4 5 8 " 2' - 0 " 12 ' - 3 3 4 " 18'-11 8"6'-3"6'-0"512"51 2"312" 10 ' - 1 1 5 8 " 13 ' - 4 1 8 " 3 1 2 " 6' - 0 3 4 " 13 ' - 6 " 3 1 2 " 4' - 1 1 2 " 11 ' - 1 0 1 2 " 4' - 0 " 19 ' - 1 0 1 4 " Floor Plan - Floor 1 Scale: 1/4" = 1'-0"1 1 2 1 FIREPLACE: SUPERIOR DRL6500 54" FIRST FLOOR = 2390.52 S.F. GARAGE = 566.68 S.F. RESIDENTIAL FIRE WALLS 2x4 STUDS @ 16"O.C. W/ 5/8" TYPE "X" GYP. BD. ON GARAGE SIDE TO UNDERSIDE OF ROOF SHEATHING. TOP ALL FASTENERS 2 COATS AND FIRE TAPE ALL JOINTS. Floor Plan Legend Kitchen NEW ROOM NAMES NEW INTERIOR WALLS NEW EXTERIOR WALLS DEMO EXTERIOR WALLS DEMO INTERIOR WALLS 2 3 Includes Secondary dwelling 89 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.30 As Noted Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Ex t e r i o r E l e v a t i o n s Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S 25 ' - 1 0 7 8 " 25 ' - 1 0 5 8 " 525'-9 1/4" 526'-4" avg.526'-4" avg. 26 ' - 0 " WOOD TRELLIS - OXFORD BROWN STACKED STONE VENEER, GOLDEN SEMINAL BLEND. BASE OF HOUSE AND FRONT ENTRY HOLMES GARAGE DOORS, GOLD SERIES, ULTRA-GRAIN WALNUT FINISH, STEEL JELD-WEN, IWP AURORA, A1202 KNOTTY ALDER WOODGRAIN,FIBERGLASS DOUBLE DOOR, DARK PATINA. GUTTERS AND FASCIA - OXFORD BROWN EXPOSED WOOD RAFTERS - OXFORD BROWN WROUGHT IRON JULIETTE BALCONY - BLACK LIGHTWEIGHT CONCRETE BARREL TILE ROOFING, BORAL, CALIFORNIA MISSION BLEND. STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE WINDSOR, PINNACLE, WOOD WITH ALUMINUM CLAD EXTERIOR, APPALACHIAN BROWN CHIMNEY- STUCCO, CLOUD WHITE Front Elevation - West Scale: 1/4" = 1'-0"1 18 ' - 0 " 18 ' - 0 " 26 ' - 0 " (E) CONCRETE DRIVEWAY(N) CONCRETE DRIVEWAYNATURAL & FINISH GRADE GUTTERS AND FASCIA - OXFORD BROWN LIGHTWEIGHT CONCRETE BARREL TILE ROOFING, BORAL, CALIFORNIA MISSION BLEND. STUCCO - CLOUD WHITE WINDSOR, PINNACLE, WOOD WITH ALUMINUM CLAD EXTERIOR, APPALACHIAN BROWN. GLASS CHIMNEY- STUCCO, CLOUD WHITE 525'-9 1/4"526'-4" AVG. 26 ' - 0 " WINDSOR, PINNACLE, WOOD WITH ALUMINUM CLAD EXTERIOR, APPALACHIAN BROWN STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE WOOD COLUMNS & BEAMS - OXFORD BROWN WOOD COLUMNS & BEAMS - OXFORD BROWN 25 ' - 1 0 7 8 " WOOD COLUMNS & BEAMS - OXFORD BROWN Rear Elevation - East Scale: 1/4" = 1'-0"2 WROUGHT IRON - BLACK 18 ' - 0 " 526'-10 7/8" FIBERGLASS WOODGRAIN. WINDSOR, PINNACLE, WOOD WITH ALUMINUM CLAD EXTERIOR, APPALACHIAN BROWN. GLASS (E) CONCRETE DRIVEWAY FINISH AND NATURAL GRADE 90 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.60 1/4" = 1'-0" Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Bu i l d i n g S e c t i o n s 1 Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S 9' - 0 3 4 " 25 ' - 1 0 7 8 " CLOSETHALLBATH 3 (E) PERMEABLE PATIO LIGHT WEIGHT BARREL TILE ROOFING BATH 3 BEDROOM 2 PATIO FAMILY ENTRY ENTRY PORCH (E) CONCRETE DRIVEWAY526'-10 7/8" 526'-4" 525'-9 1/4" Section 1 Scale: 1/4" = 1'-0"1 20 ' - 2 1 8 " EXPOSED BEAMS OR FAUX BEAMS 6X10 10 ' - 0 3 4 " 9' - 0 3 4 " PATIO DINING STAIR WELL BEDROOM 4 HALL (E) PERMEABLE PATIO 526'-10 7/8" 25 ' - 1 0 7 8 " 526'-4" AVG. 525'-9 1/4" 25 ' - 8 " 526'-4" AVG. FINISH GRADE Section 2 Scale: 1/4" = 1'-0"2 flat ceiling open beams sheetrock between 10 ' - 0 3 4 " 20 ' - 2 1 8 " 8 1 2 " 1' - 0 5 8 " 10 ' - 0 3 4 " 10 ' - 0 3 4 " 24 ' - 4 3 4 " 25 ' - 1 1 4 " 22 ' - 1 1 4 " 1' - 1 1 1 4 " EXPOSED BEAMS OR FAUX BEAMS @ 4'-0" O.C. 6X10 MIN. EXPOSED 91 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : AS.10 As Noted Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Si t e P l a n - N e w Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 2 0 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S De s i g n R e v i e w R e p l y 2 10 / 1 2 / 1 5 De s i g n R e v i e w U p d a t e 3 10 / 2 7 / 1 5 PORCH FAMILY OFFICE SECONDARY DWELLING MUD DINING ENTRY 1/2 BATH LAUNDRY OPEN TO ABOVE GUEST SUITE STORAGE BATH 1 PANTRY KITCHEN COVERED PATIO 19'0" x 18'0" BATH 2 KITCHENETTE GARAGE 400A MAIN 12 7.4 BEDROOM 3 BEDROOM 4 BATH 3 MASTER BEDROOM MASTER CLOSET OPEN TO BELOW BALCONY BEDROOM 2 BATH 2 C H I M N E Y WINDOW SEATBOOK CASE BOOK CASE LAREN MASTER BATH 42 42 BE N C H 2 1 BE N C H 2 1 LEGEND . 528 .56 526.60 525 .95 525 .72 525 .46 525.53 5 2 5 . 7 7 524 .75 524 .67 525 .38 5 2 5 .2 8 525 .49 5 2 5 .7 0 5 2 5 . 6 7 5 2 5 . 7 2 525.87 529.11 5 2 8 .8 3 5 2 8 .6 6 528 .53 528 .91 527 .71 527 .12 526 .25 525 .32 524 .65 523.87 523.35 522.16 521.01 520.21 519.42 520.15 520 .81 522 .34 523 .03 525 .57 526 .48 523 .93 523.09 521 .18 524 .43 526.03 526 .13 526.16 5 2 4 .9 7 523 .98 523 .51 525 .65 525 .88 525.62 524 .32 52 2 .88 521 .56 523.97 523 .97 525.47 526 .04 527 .17 527 .78 526.17 526.06 5 2 5 .9 1 5 2 6 .0 1 5 2 6 .1 3 52 6 .56 526 .63 52 6 .75 52 6 .81 526 .82 526.87 526.91 526.89 5 2 8 .4 2 5 2 8 .3 0 5 2 8 .3 6 5 2 8 .34 5 2 8 .3 6 528.38 528.53 528 .54 528.40 52 6 .85 52 6 .86 52 6 .93 52 6 .93 52 6 .97 526 .73 5 2 6 . 6 7 526 .87 527 .06 5 2 8 .0 7 5 2 8 .0 8 529 .00 53 0 .39 53 1 .01 533 .96 533 .32 532 .17 530 .58 529 .38 528 .38 52 6 .86 528 .41 526 .91 4 " T R E E 4" T R E E 15"OAK 24"ACACIA FH WM IP TA G 15" O A K 15" O A K 18" O A K DB L 8"OAK 15"OAK 1 5 " S Y C 12"SYC 12"SYC 1 6 " O A K 18"OAK CAB T V 16"O A K 24"O A K CO AD 18 " O A K D B L 11 " O A K 28 " C D R 24 " P I N E FIRE PIT SCALE: 1"=10' BR I C K W A L L W / F E N C E GAS 2'BL O C K WAL L W O O D F E N C E WI R E F E N C E 2.5' B L O C K W A L L S T O N E T I L E POOL EQ. 12"OA K BRIC K PLANT.PLANTER 1'WD. WALL CONC. DWY ST O N E CONC. PERMEABLE STONE CONC. CONC. 2'B L O C K W A L L OUT- DOOR STOVE W A L L WA L L 2'S T O N E W A L L STE P S SPA STE P S P O O L WI R E F E N C E W O O D F E N C E W O O D F E N C E WI R E F E N C E 1 0 ' S . S .E . 5 .16 ' S 5 1 ° 0 2 ' 4 0 " W 5 6 . 3 3 ' S4 3 ° 1 8 ' 0 0 " W 25 .4 3 ' S5 3 ° 1 5 ' 3 0 " E 1 5 1 .5 0 ' S 5 1 ° 0 2 ' 4 0 " W 5 7 . 2 3 ' S4 3 ° 1 8 ' 0 0 " W 1 4 5 .5 9 ' N30° 0 8 ' 0 0 " W 18 .28' N15°51'40"E 46.56' R=420 .00' L=84.95' R=120 .00' L=96 .33' PERMEABLE STONE 30" O A K 52 8 .56 52 8 .93 5 3 0 .34 2'S T O N E 530.53 530.38 5 2 8 .5 1 5 2 7 .7 0 5 3 0 .3 0 CONC . SW . 530 5 3 0 52 8 .93 MONTALVO RD.530 FL 15' - 0 " FI R S T FL O O R SE T B A C K 5'-0 " SEC O N D FL O O R SET B A C K 15'- 0 " SI D E Y A R D SE T B A C K 30 ' - 0 " F R O N T S E T B A C K LEGEND . 528 .56 526.60 525 .95 525 .72 525 .46 525.53 5 2 5 . 7 7 524 .75 524 .67 525 .38 5 2 5 .2 8 525 .49 5 2 5 .7 0 5 2 5 . 6 7 5 2 5 . 7 2 525.87 529.11 5 2 8 .8 3 5 2 8 .6 6 528 .53 528 .91 527 .71 527 .12 526 .25 525 .32 524 .65 523.87 523.35 522.16 521.01 520.21 519.42 520.15 520 .81 522 .34 523 .03 525 .57 526 .48 523 .93 523.09 521 .18 524 .43 526.03 526 .13 526.16 5 2 4 .9 7 523 .98 523 .51 525 .65 525 .88 525.62 524 .32 52 2 .88 521 .56 523.97 523 .97 525.47 526 .04 527 .17 527 .78 526.17 526.06 5 2 5 .9 1 5 2 6 .0 1 5 2 6 .1 3 52 6 .56 526 .63 52 6 .75 52 6 .81 526 .82 526.87 526.91 526.89 5 2 8 .4 2 5 2 8 .3 0 5 2 8 .3 6 5 2 8 .34 5 2 8 .3 6 528.38 528.53 528 .54 528.40 52 6 .85 52 6 .86 52 6 .93 52 6 .93 52 6 .97 526 .73 5 2 6 . 6 7 526 .87 527 .06 5 2 8 .0 7 5 2 8 .0 8 529 .00 53 0 .39 53 1 .01 533 .96 533 .32 532 .17 530 .58 529 .38 528 .38 52 6 .86 528 .41 526 .91 4 " T R E E 4" T R E E 15"OAK 24"ACACIA FH WM IP TA G 15" O A K 15" O A K 18" O A K DB L 8"OAK 15"OAK 1 5 " S Y C 12"SYC 12"SYC 1 6 " O A K 18"OAK CAB T V 16"O A K 24"O A K CO AD 18 " O A K D B L 11 " O A K 28 " C D R 24 " P I N E FIRE PIT SCALE: 1"=10' BR I C K W A L L W / F E N C E GAS 2'BL O C K WAL L W O O D F E N C E WI R E F E N C E 2.5' B L O C K W A L L S T O N E T I L E POOL EQ. 12"OA K BRIC K PLANT.PLANTER 1'WD. WALL CONC. DWY ST O N E CONC. PERMEABLE STONE CONC. CONC. 2'B L O C K W A L L OUT- DOOR STOVE W A L L WA L L 2'S T O N E W A L L STE P S SPA STE P S P O O L WI R E F E N C E W O O D F E N C E W O O D F E N C E WI R E F E N C E 1 0 ' S . S .E . 5 .16 ' S 5 1 ° 0 2 ' 4 0 " W 5 6 . 3 3 ' S4 3 ° 1 8 ' 0 0 " W 25 .4 3 ' S5 3 ° 1 5 ' 3 0 " E 1 5 1 .5 0 ' S 5 1 ° 0 2 ' 4 0 " W 5 7 . 2 3 ' S4 3 ° 1 8 ' 0 0 " W 1 4 5 .5 9 ' N30° 0 8 ' 0 0 " W 18 .28' N15°51'40"E 46.56' R=420 .00' L=84.95' R=120 .00' L=96 .33' PERMEABLE STONE 30" O A K 52 8 .56 52 8 .93 5 3 0 .34 2'S T O N E 530.53 530.38 5 2 8 .5 1 5 2 7 .7 0 5 3 0 .3 0 CONC . SW . 530 5 3 0 52 8 .93 MONTALVO RD.530 FL 15' - 0 " FI R S T FL O O R SE T B A C K 5'-0 " SEC O N D FL O O R SET B A C K 15'- 0 " SI D E Y A R D SE T B A C K 30 ' - 0 " F R O N T S E T B A C K Site Plan - New Scale: 1/8" = 1'-0" X EXISTING GARAGE AREA NEW PERMEABLE DRIVEWAY INSTALL TEMPORARY CHAIN-LINK FENCING ON (E) DRIVEWAY-TO PROTECT RETAINING WALL AND LANDSCAPING, UNTIL DRIVEWAY REMOVAL EXISTING RETAINING WALL TO REMAIN 13 ' - 0 " 10 ' - 0 " M I N 10' - 0 " M I N . 10'-0" MIN 16'-0" 4 ' - 0 " TYPE 1 TPZ FENCING TYPE 1 TPZ FENCING EXISTING LANDSCAPING TO BE CONVERTED TO PERMEABLE DRIVEWAY TYPE 1 TPZ FENCING NEW PERMEABLE NEW PERMEABLE DRIVEWAY DRAINAGE SWALE -16" Mondo Grass & Dymondia NEW DROUGHT TOLERANT PLANTS. SAME AS EXISTING FRONT NATURAL LANDSCAPING. SETBACK VARIATION NOTE: "PRIOR TO FOUNDATION INSPECTION BY THE CITY, THE LLS OF RECORD SHALL PROVIDE A WRITTEN CERTIFICATION THAT ALL BUILDING SETBACKS ARE PER THE APPROVED PLANS." STORMWATER RETENTION NOTE: "DISPOSITION AND TREATMENT OF STORMWATER WILL COMPLY WITHT THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM ("NPDES") STANDARDS AND IMPLEMENTATION STANDARDS ESTABLISHED BY THE SANTA CLARA VALLEY URBAN RUNOFF POLLUTION PREVENTION PROGRAM" AC AC PARKING SPACE 13' - 1 1 2" 2 EXISTING NATURAL LANDSCAPING TO REMAIN EXISTING NATURAL LANDSCAPING TO REMAIN EXISTING NATURAL LANDSCAPING TO REMAIN EXISTING NATURAL LANDSCAPING TO REMAIN 2 2 2 2 NEW DROUGHT TOLERANT PLANTINGS 2 NEW DROUGHT TOLERANT PLANTINGS 2 NOTE: 50.1% OF FRONT YARD SETBACK IS LANDSCAPING. 2 2 2 3 3 92 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.10 1/4" = 1'-0" Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Fl o o r P l a n - F l o o r 2 Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S De s i g n R e v i e w R e p l y 2 11 0 / 1 2 / 1 5 De s i g n R e v i e w U p d a t e 3 10 / 2 7 / 1 5 W-23 W-22 W-14 W-12 W-13 W-21 W-19W-20 D-25 D-24 W-18 D-33 D-31 D-27 D-34D-32 D-29 D-28 D-22 D-26 D-30 BEDROOM 3 BEDROOM 4 BATH 3 MASTER BEDROOM MASTER CLOSET OPEN TO BELOW BALCONY D-35 BEDROOM 2 BATH 2 C H I M N E Y D-36 WINDOW SEATBOOK CASE BOOK CASE LAREN W-11 W-17 W-16 MASTER BATH W-15 D-23 SHELVING LAUNDRY STORAGE/LINEN 42 42 BE N C H 2 1 BE N C H 2 1 6-0X4-82-6X4-8 6-0X4-8 6-0X6-0 2-6X2-6 2-6X2-6 6-0X5-0 5-0X5-0 4-0X4-0 6-0X4-0 2-6X4-0 10-0X4-8 5-0X7-05-0X7-0 7' - 1 1 3 8 " 17 ' - 0 1 8 " 15 ' - 2 3 8 " 9'-8"11'-738"13'-57 8"14'-078"15'-51 8"1'-13 4" 27 ' - 2 1 2 " 11'-1012"53'-638" 65'-47 8" 32 ' - 2 3 8 " 65'-47 8" 8' - 0 7 8 " 16 ' - 9 1 8 " 15 ' - 2 3 8 " 9'-8"11'-438"13'-57 8"14'-378"15'-21 8"1'-13 4" 26 ' - 1 1 1 2 " 11'-1012"53'-338" 65'-17 8" 31 ' - 1 1 3 8 " 65'-17 8" 3'-3" Floor Plan - Floor 2 Scale: 1/4" = 1'-0"1 1 2 1 30x36 ATTIC ACCESS SECOND FLOOR= 1925.56 S.F. RESIDENTIAL FIRE WALLS 2x4 STUDS @ 16"O.C. W/ 5/8" TYPE "X" GYP. BD. ON GARAGE SIDE TO UNDERSIDE OF ROOF SHEATHING. TOP ALL FASTENERS 2 COATS AND FIRE TAPE ALL JOINTS. Floor Plan Legend Kitchen NEW ROOM NAMES NEW INTERIOR WALLS NEW EXTERIOR WALLS DEMO EXTERIOR WALLS DEMO INTERIOR WALLS 2 3 93 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.40 As Noted Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Ex t e r i o r E l e v a t i o n s 2 Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S 25 ' - 1 0 7 8 " 25 ' - 1 0 7 8 " GUTTERS AND FASCIA - OXFORD BROWN LIGHTWEIGHT CONCRETE BARREL TILE ROOFING, BORAL, CALIFORNIA MISSION BLEND. STUCCO - CLOUD WHITE WINDSOR, PINNACLE, WOOD WITH ALUMINUM CLAD EXTERIOR, APPALACHIAN BROWN STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE WINDSOR, PINNACLE, WOOD WITH ALUMINUM CLAD EXTERIOR, APPALACHIAN BROWN STACKED STONE VENEER, GOLDEN SEMINAL BLEND WOOD COLUMNS & BEAMS - OXFORD BROWN GUTTERS AND FASCIA - OXFORD BROWN 526'-4" AVG. 525'-9 1/4" Right Elevation - North Scale: 1/4" = 1'-0"3 WROUGHT IRON - BLACK WROUGHT IRON - BLACK 26 ' - 0 " 526'-4" AVG. 18 ' - 0 " 18 ' - 0 " (E) CONCRETE WALKWAY 526'-10 7/8" HIGH PT 525'-9 1/4" 25 ' - 1 0 7 8 " 25 ' - 1 0 7 8 " Left Elevation - South Scale: 1/4" = 1'-0"4 526'-10 7/8" 526'-4" AVG. 26 ' - 0 " 526'-4" AVG. GUTTERS AND FASCIA - OXFORD BROWN LIGHTWEIGHT CONCRETE BARREL TILE ROOFING, BORAL, CALIFORNIA MISSION BLEND. STUCCO - CLOUD WHITE WINDSOR, PINNACLE, WOOD WITH ALUMINUM CLAD EXTERIOR, APPALACHIAN BROWN CHIMNEY- STUCCO, CLOUD WHITE STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE STUCCO - CLOUD WHITE WROUGHT IRON - BLACK WROUGHT IRON - BLACK STACKED STONE VENEER, GOLDEN SEMINAL BLEND WOOD TRELLIS - OXFORD BROWN EXPOSED 4x RAFTERS - OXFORD BROWN STACKED STONE VENEER, GOLDEN SEMINAL BLEND 18 ' - 0 " 18 ' - 0 " (E) PERMEABLE PATIO525'-9 1/4" 94 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.70 1/4" = 1'-0" Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Bu i l d i n g S e c t i o n s 2 Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S 26 ' - 0 " 9' - 0 3 4 " 10 ' - 0 3 4 " 10 ' - 0 3 4 " SECONDARY DWELLINGKITCHENDININGFAMILYGUEST SUITE BEDROOM 3 BEDROOM 4 MASTER CLOSET MASTER BEDROOM GUEST BATH 25 ' - 1 0 7 8 " 526'-4" AVG 26 ' - 0 " Section 3 Scale: 1/4" = 1'-0"3 525'-9 1/4" 526'-4" AVG 526'-10 7/8" 525'-9 1/4" NATURAL GRADE CONCRETE WALKWAY (E) CONCRETE WALKWAY NEW LANDING AND STEPNATURAL GRADE 95 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : AS.20 1/4" = 1'-0" Wilson 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Si t e P l a n - A d j a c e n t S t r u c t u r e s Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 2 0 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S PORCH FAMILY OFFICE SECONDARY DWELLING MUD DINING ENTRY 1/2 BATH LAUNDRY OPEN TO ABOVE GUEST SUITE STORAGE BATH 1 PANTRY KITCHEN COVERED PATIO 19'0" x 18'0" BATH 2 KITCHENETTE GARAGE 400A MAIN 12 7.4 BEDROOM 3 BEDROOM 4 BATH 3 MASTER BEDROOM MASTER CLOSET OPEN TO BELOW BALCONY BEDROOM 2 BATH 2 C H I M N E Y WINDOW SEATBOOK CASE BOOK CASE LAREN MASTER BATH 42 42 BE N C H 2 1 BE N C H 2 1 LEGEND IMPROVEMENTS RETAINING WALL SPOT ELEVATION . 528 .56 526.60 525 .95 525 .72 525 .46 525.53 5 2 5 . 7 7 524 .75 524 .67 525 .38 5 2 5 .2 8 525 .49 5 2 5 .7 0 5 2 5 .6 7 5 2 5 .7 2 525.87 529.11 5 2 8 .8 3 5 2 8 .6 6 528 .53 528 .91 527 .71 527 .12 526 .25 525 .32 524 .65 523.87 523.35 522.16 521.01 520.21 519.42 520.15 520 .81 522 .34 523 .03 525 .57 526 .48 523 .93 523.09 521 .18 524 .43 526.03 526 .13 526.16 5 2 4 .9 7 523 .98 523 .51 525 .65 525 .88 525.62 524 .32 52 2 .88 521 .56 523.97 523 .97 525.47 526 .04 527 .17 527 .78 526.17 526.06 5 2 5 . 9 1 5 2 6 . 0 1 5 2 6 .1 3 52 6 .56 526 .63 526 .75 52 6 .81 526 .82 526.87 526.91 526.89 5 2 8 .4 2 5 2 8 . 3 0 5 2 8 . 3 6 52 8 .34 5 2 8 .3 6 528.38 528.53 528 .54 528.40 526 .85 52 6 .86 52 6 .93 52 6 .93 52 6 .97 526 .73 5 2 6 . 6 7 526 .87 527 .06 5 2 8 .0 7 52 8 .0 8 529 .00 53 0 .39 53 1 .01 533 .96 533 .32 532 .17 530 .58 529 .38 528 .38 52 6 .86 528 .41 526 .91 4" T R E E 4" T R E E 15"OAK 24"ACACIA FH WM IP TAG 15" O A K 15" O A K 18" O A K DB L 8"OAK 15"OAK 1 5 " S Y C 12"SYC 12"SYC 1 6 " O A K 18"OAK CAB T V 16"O A K 24"O A K CO AD 18" O A K D B L 11 " O A K 28 " C D R 24 " P I N E FIRE PIT SCALE: 1"=10' BR I C K W A L L W / F E N C E GAS 2'BL O C K WA L L W O O D F E N C E WI R E F E N C E 2.5' B L O C K W A L L S T O N E T I L E POOL EQ. 12"OA K BRIC K PLANT.PLANTER 1'WD. WALL CONC. DWY ST O N E CONC. PERMEABLE STONE CONC. CONC. 2'B L O C K W A L L OUT- DOOR STOVE W A L L WA L L 2'S T O N E W A L L STE P S SPA STE P S P O O L WI R E F E N C E W O O D F E N C E W O O D F E N C E WI R E F E N C E 1 0 ' S .S .E . 5 .16 ' S 5 1 ° 0 2 ' 4 0 " W 5 6 .3 3 ' S4 3 ° 1 8 ' 0 0 " W 25 .4 3 ' S53 ° 1 5 ' 3 0 " E 1 5 1 .5 0 ' S 5 1 ° 0 2 ' 4 0 " W 5 7 .2 3 ' S4 3 ° 1 8 ' 0 0 " W 1 4 5 .5 9 ' N30° 0 8 ' 0 0 " W 18 .28' N15°51'40"E 46.56' R=420.00' L=84.95' R=120 .00' L=96 .33' PERMEABLE STONE 30" O A K 52 8 .56 52 8 .93 53 0 .34 2'S T O N E 530.53 530.38 5 2 8 . 5 1 5 2 7 .7 0 5 3 0 . 3 0 CONC . SW . 530 5 3 0 52 8 .9 3 MONTALVO RD.530 BOUNDARY AND TOPOGRAPHIC SURVEY FL 15'- 0 " FI R S T FL O O R SE T B A C K 5'-0 " SEC O N D FL O O R SET B A C K 15'- 0 " SI D E Y A R D SE T B A C K 30 ' - 0 " F R O N T S E T B A C K LEGEND IMPROVEMENTS RETAINING WALL SPOT ELEVATION . 528 .56 526.60 525 .95 525 .72 525 .46 525.53 5 2 5 . 7 7 524 .75 524 .67 525 .38 5 2 5 .2 8 525 .49 5 2 5 .7 0 5 2 5 .6 7 5 2 5 .7 2 525.87 529.11 5 2 8 .8 3 5 2 8 .6 6 528 .53 528 .91 527 .71 527 .12 526 .25 525 .32 524 .65 523.87 523.35 522.16 521.01 520.21 519.42 520.15 520 .81 522 .34 523 .03 525 .57 526 .48 523 .93 523.09 521 .18 524 .43 526.03 526 .13 526.16 5 2 4 .9 7 523 .98 523 .51 525 .65 525 .88 525.62 524 .32 52 2 .88 521 .56 523.97 523 .97 525.47 526 .04 527 .17 527 .78 526.17 526.06 5 2 5 . 9 1 5 2 6 . 0 1 5 2 6 .1 3 52 6 .56 526 .63 526 .75 52 6 .81 526 .82 526.87 526.91 526.89 5 2 8 .4 2 5 2 8 . 3 0 5 2 8 . 3 6 52 8 .34 5 2 8 .3 6 528.38 528.53 528 .54 528.40 526 .85 52 6 .86 52 6 .93 52 6 .93 52 6 .97 526 .73 5 2 6 . 6 7 526 .87 527 .06 5 2 8 .0 7 52 8 .0 8 529 .00 53 0 .39 53 1 .01 533 .96 533 .32 532 .17 530 .58 529 .38 528 .38 52 6 .86 528 .41 526 .91 4" T R E E 4" T R E E 15"OAK 24"ACACIA FH WM IP TAG 15" O A K 15" O A K 18" O A K DB L 8"OAK 15"OAK 1 5 " S Y C 12"SYC 12"SYC 1 6 " O A K 18"OAK CAB T V 16"O A K 24"O A K CO AD 18" O A K D B L 11 " O A K 28 " C D R 24 " P I N E FIRE PIT SCALE: 1"=10' BR I C K W A L L W / F E N C E GAS 2'BL O C K WA L L W O O D F E N C E WI R E F E N C E 2.5' B L O C K W A L L S T O N E T I L E POOL EQ. 12"OA K BRIC K PLANT.PLANTER 1'WD. WALL CONC. DWY ST O N E CONC. PERMEABLE STONE CONC. CONC. 2'B L O C K W A L L OUT- DOOR STOVE W A L L WA L L 2'S T O N E W A L L STE P S SPA STE P S P O O L WI R E F E N C E W O O D F E N C E W O O D F E N C E WI R E F E N C E 1 0 ' S .S .E . 5 .16 ' S 5 1 ° 0 2 ' 4 0 " W 5 6 .3 3 ' S4 3 ° 1 8 ' 0 0 " W 25 .4 3 ' S53 ° 1 5 ' 3 0 " E 1 5 1 .5 0 ' S 5 1 ° 0 2 ' 4 0 " W 5 7 .2 3 ' S4 3 ° 1 8 ' 0 0 " W 1 4 5 .5 9 ' N30° 0 8 ' 0 0 " W 18 .28' N15°51'40"E 46.56' R=420.00' L=84.95' R=120 .00' L=96 .33' PERMEABLE STONE 30" O A K 52 8 .56 52 8 .93 53 0 .34 2'S T O N E 530.53 530.38 5 2 8 . 5 1 5 2 7 .7 0 5 3 0 . 3 0 CONC . SW . 530 5 3 0 52 8 .9 3 MONTALVO RD.530 BOUNDARY AND TOPOGRAPHIC SURVEY FL 15'- 0 " FI R S T FL O O R SE T B A C K 5'-0 " SEC O N D FL O O R SET B A C K 15'- 0 " SI D E Y A R D SE T B A C K 30 ' - 0 " F R O N T S E T B A C K Site Plan - Adjacent Properties Scale: 1/16" = 1'-0" X 13 ' - 0 " 16'-0" 4 ' - 0 " TYPE 1 TPZ FENCING 147 8 0 Mo n t a l v o Ro a d 14 7 4 4 M o n t a l v o R o a d 20200 Mendelsohn Lane GARAGE WINDOW, ONLY WINDOW VISIBLE TO SUBJECT PROPERTY GARAGE GARAGE 96 Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.20 Sheet Scale Wilson KD G 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets St r e e t s c a p e Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y KD G ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S Streetscape Scale: 1/16" = 1'-0"NOTE: TREES ON SUBJECT PROPERTY NOT SHOWN. 97 RIDGE RIDGE RIDGE RIDGE RI D G EHIPHIP RI D G E RI D G E HIP HIP HIP HIP HIP HIP VALLEY VALLEY VALLEY HIP HIP HIP HIP VALLEY VALLEY HIP HIP HIP HIP HIP HIP HIP VALLEY VALLEY VALLEY HIP HIP GA B L E E N D GABLE END VALLEY HIP RIDGEHIPVALLEY Roof Plan Scale: 1/4" = 1'-0" BALCONY FIRST FLOOR ROOF FIRST FLOOR ROOF FIRST FLOOR ROOF FIRST FLOOR ROOF FIRST FLOOR ROOF FIRST FLOOR ROOF FI R S T F L O O R R O O F FI R S T F L O O R R O O F CH I M N E Y Sheet Scale Pr o j e c t D e s i g n e r Ch e c k e d B y Re v i e w e d B y Pr o j e c t S t a r t D a t e CA D F i l e N a m e : A1.50 Sheet Scale Wilson KD G 8/ 2 6 / 2 0 1 5 Wi l s o n Total Sheets Ro o f P l a n Da v i d & J a y n e W i l s o n No . Da t e Is s u e N o t e s No . Da t e Re v i s i o n N o t e s De s i g n R e v i e w 1 8/ 2 6 / 1 5 Ap p r ofof Pr o j e c t : Ne w S p a n i s h V i l l a H o m e Ow n e r & P r o j e c t A d d r e s s : 14 7 6 8 M o n t a l v o R d Sa r a t o g a , C A . 9 5 0 7 0 AP N : 5 1 7 - 2 0 - 0 4 1 De m o E x i s t i n g H o m e Ne w S p a n i s h V i l l a S t y l e H o m e Co n s u l t a n t : Pr o j e c t M a n a g e r Dr a w n B y KD G ww w .G o o d e r e A s s o c i a t e s .c o m Go o d e r e & A s s o c i a t e s , I n c . r e t a i n s a l l r i g h t s & o w n e r s h i p o f a l l d r a w i n g s a n d s p e c i f i c a t i o n s . T h e c o n t e n t s o f t h e d r a w i n g s & s p e c i f i c a t i o n s m a y n o t b e u s e d o n a n y o t h e r p r o j e c t w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f g o o d e r e & A s s o c i a t e s I n c . Go o d e r e & A s s o c i a t e s , I n c . S a r a t o g a , C a l i f o r n i a AD D I T I O N S - R E M O D E L S - N E W H O M E S 98 99 100 101 102 103 REPORT TO THE PLANNING COMMISSION Meeting Date: December 9, 2015 Application: PDR15-0023 Location / APN: 14768 Montalvo Rd / 517-20-041 Owner/Applicant: Kirk Goodere/David and Jayne Wilson Staff Planner: Sandy L. Baily, Special Projects Manager 14768 Montalvo Road Page 1 of 6 104 Summary PROJECT DESCRIPTION: The applicant is requesting approval to demolish an existing 3,951 square foot nonconforming single story residence and to construct a new 26 foot tall, 4,602 square foot two- story residence with a 281 square foot second dwelling unit which will be an affordable housing unit. No trees are proposed for removal. STAFF RECOMMENDATION: Adopt Resolution No. 15-052 approving the project subject to conditions of approval. Design Review approval is required pursuant to City Code Section 15-45.060(a)(3). PROJECT DATA: Site Area: 19,473 sf net Average Slope: 7% Grading: NA General Plan Designation: RLD (Low Density Residential) Zoning: R-1-20,000 (Single-Family Residential) Proposed Allowed/Required Site Coverage Main House & Garage Walkways/ Decks/ Patios Pool/Spa Other Pervious Patio Pervious Driveways Total Site Coverage Front Yard Impervious 4,630.9 sf 194 sf 682.2 sf 224 1,112.85 sf (50% of 2,225.7 sf) 1,533.5 sf (50% of 3,067 sf) 8,153.45 sf (41.9%) 194 sf (0.1%) 8,762.85 sf (45%) 1,681.5 sf (50% of 3,363 sf ) Floor Area First Floor Second Floor Garage Second Unit Total Floor Area 2,109.86 sf 1,925.56 sf 566.68 sf 280.66 sf 4,882.76 sf 4,884 sf (includes 10% addition, 444 sf, for affordable second unit) Height Lowest Elevation Point: Highest Elevation Point: Average Elevation Point: Proposed Topmost Point: 525.77’ 526.91’ 526.34’ 552.25’ (25’11”) 26 feet Maximum Page 2 of 6 105 Setbacks Front: Left Side: Right Side: Rear: Front: Left Side: Right Side: Rear: 1st Story 30’5” 17’1” 20’ NA 2nd Story 30’5” 42’6” 23’9” NA 1st Story 30’ 15’ 15’ NA 2nd Story 30’ 20’ 20’ NA PROJECT DESCRIPTION/DISCUSSION DESIGN REVIEW Site and Neighborhood Description: The 19,473 square foot property is located at 14768 Montalvo Rd. The triangularly shaped lot and is located on a curving street, which creates an unconventional building envelope for the property. The residential neighborhood includes both single story and two story homes with various architectural styles. The houses on both sides of the subject property are single story and the house across the street is two stories. Another new two story house was recently approved two properties south of the subject lot. The applicant is proposing to demolish the existing 3,134.68 sq. ft. single-story square foot house on the property. The house is nonconforming because the structure projects 3’3’’ into the required front- yard and 1’8” into the left side-yard setbacks. To replace the existing home, the applicant proposes to construct a new 4,602 square foot two story single family residence which includes an attached garage and a 281 sq. ft. attached second unit with an attached carport. The proposed structure conforms to current setback requirements. A pool currently exists on site which will remain. The site currently contains three curb cuts which the applicant proposes to maintain. The existing curb cuts are for a circular driveway and a separate driveway to the parking areas. It is possible that the separate driveway curb cut could be eliminated as the proposed parking areas could be accessed from the circular driveway. The impervious concrete driveways will be replaced with permeable material. No trees will be impacted by this proposal. The adjacent lot to the south of the subject lot is at a slightly higher elevation and the adjacent lot to the north of the subject lot is at a slightly lower elevation. Architectural Design: The applicant is proposing a two-story contemporary designed home that will be 25 feet 11 inches in height. The exterior materials include stucco exterior, wood stone veneer trim, wrought iron balcony railings, steel sectional garage door, wood with aluminum clad windows, and a concrete barrel tile roof. A Juliet balcony (false balcony) is proposed at the front elevation. A useable balcony is proposed at the rear elevation. A gas fireplace is proposed. Detail Colors and Materials Page 3 of 6 106 Trees: No trees will be impacted by this proposal. The City Arborist has reviewed the proposal and has recommended conditions of approval to ensure that the existing trees will not be impacted by the construction. The applicant is required to place a tree deposit of $7,450 and install tree protection fencing prior to the issuance of building permits. Landscaping: The majority of the existing landscaping will remain. A large amount of impervious concrete exists on the right side of the house which wraps around to the back yard. The majority of this concrete accommodates the existing side loading garage driveway. All of this concrete will be removed. This area will be modified with a new pervious driveway and the areas not used for the driveway will be landscaped which will include a new drainage swale at the side of the house. A small landscaped area at the front of the house between the existing circular driveway and existing driveway to the garage will be replaced with pervious driveway material. Since no new landscaping is required as part of this project and the applicant is maintaining the majority of the existing landscaping, the project will most likely be exempt from the new State WELO requirements. The WELO requirements will be reviewed as part of the building permit process. CalGreen Standards/Sustainable Features: The project will meet the minimum CalGreen standards for a new home. The CalGreen checklist is on a full size plan sheet and is available for viewing in the file. Neighbor Notification and Correspondence: The applicant submitted three Neighbor Notification Forms signed by adjacent property owners. The applicant also submitted two Neighborhood Notification forms of the neighbors they were unable to contact. Copies of the neighbor notification forms are included as Attachment #3. A Public Notice was sent to property owners within 500 feet of the site. No neighborhood concerns have been brought to the City’s attention as of the writing of this staff report. FINDINGS Design Review Findings: The Planning Commission may grant Design Review approval pursuant to City Code Article 15-45, if the Planning Commission makes all of the following findings: (a) Site development follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints. The project meets this finding because the residence proposed is located in the center on a relatively flat portion of the lot. The residence proposed is located in roughly the same area developed with the existing house. Exterior & Trim White (Stucco) and Golden (Stone Veneer) Windows/ Doors Brown Trim Dark Brown (Wood) Balcony Railing Black (Iron) Page 4 of 6 107 (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. The project meets this finding in that the applicant designed the project to not impact any trees. The City Arborist has reviewed the proposal and has recommended conditions of approval to ensure that the existing trees will not be impacted by the constructed. (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. The project meets this finding because the structure is located in the middle of the lot, surrounded by trees and vegetation along the front, side and rear property lines. The left side setback on the second floor has been increased beyond the minimum required on the side adjacent to an existing neighboring single-story residence and has been designed with small and minimal windows. The second story windows and balcony at the rear elevation and the second story windows at the right elevation should not impact the privacy of adjacent parcels due to the existing vegetation on the adjacent properties and the distances between the structures. The project does not impact any identified community viewsheds. (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. The project meets this finding because the proposed home features a second story that is stepped back to help reduce the visual perception of mass and incorporates architectural features. The house has a horizontal design with simple roof forms which is sympathetic to the neighborhood. There is a two-story house across the street and a new story house has recently been approved two properties south of the subject property. (e) The landscape design minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape. The project meets this finding because impermeable hardscape surfaces constitute less than 50% of the front setback area. Permeable driveways are also located in the front setback area. (f) Development of the site does not unreasonably impair the ability of adjoining properties to utilize solar energy. The project meets this finding because the proposed location and house design would not impact solar access for adjacent properties. The distance between adjacent structures is sufficient to allow solar access. In addition, existing trees on the subject and adjacent parcels currently shadow the properties. (g) The design of the structure and the site development plan is consistent with the Residential Design Handbook, pursuant to Section 15-45.055. The project meets this finding because the building design and site plan incorporate several techniques from the Residential Design Handbook, including increasing side yard setbacks adjacent to smaller homes; designing first story eave heights and entry eave heights that are in scale with adjacent residences; facing garage doors perpendicular to the street and deemphasizing the garage presence; minimizing Page 5 of 6 108 the size of second story windows; and selecting materials, colors, and details that enhance the architecture in a well-composed, understated manner. (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. The finding is not applicable as the site is not a hillside lot. Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures,” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. ATTACHMENTS: 1. Resolution of Approval for Design Review 2. Arborist Report dated October 6, 2015 3. Public hearing notice, mailing addresses, and map for project notification 4. Neighbor Notification Forms 5. Story pole Certification Letter, received November 30, 2015 6. Development Plans (Exhibit "A") Page 6 of 6 109 RESOLUTION NO. 15-052 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION FOR DESIGN REVIEW NO. PDR15-0023 APPROVING THE DEMOLITION OF AN EXISTING RESIDENCE AND THE CONSTRUCTION OF A NEW TWO-STORY RESIDENCE AND SECOND DWELLING UNIT AT 14768 MONTALVO RD (APN 517-20-041) WHEREAS, an application was submitted by Kirk Goodere to demolish an existing nonconforming residence and to construct a new 26 foot tall, 4,602 square foot two-story residence with a 281 square foot second dwelling unit which will be an affordable housing unit located at 14768 Montalvo Road. Design Review approval is required because the proposed main residence is a new two-story structure over eighteen feet in height. The foregoing work is described as the “Project” in this Resolution. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on December 9, 2015, the Planning Commission held a duly noticed public hearing on the subject application, and after considering evidence presented by City staff, the applicant, and other interested parties, requested the applicant to revise the project to address height, mass, and parking concerns. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 “New Construction or Conversion of Small Structures” of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the following Saratoga General Plan Policies: Land Use Goal 13 which provides that the City shall use the Design Review process to assure that the new construction and major additions thereto are compatible with the site and the adjacent surroundings; Safety Element Site and Drainage Policy 3 which provides that the City shall require that landscaping and site drainage plans be submitted and approved during Design Review for a residence prior to issuance of permits; and Conservation Element Policy 6.0 which provides that the City shall protect the existing rural atmosphere of Saratoga by carefully considering the visual impact of new development. 110 Resolution No. 15-052 Page 2 Section 4: The project is consistent with the Saratoga City Code in that a nonconformity will be eliminated and the proposed house will conform to current setback requirements, the design and improvements are consistent with the design review findings in that the project follows the natural contours of the site, minimizes grading, and is appropriate given the property’s natural constraints; preserves protected trees; is designed to avoid unreasonable impacts to the privacy of adjoining properties and to community viewsheds; the mass and height of the structure and its architectural elements are in scale with the structure itself and with the neighborhood; landscaping minimizes hardscape in the front setback area and contains elements that are complementary to the neighborhood streetscape; does not unreasonably impair the ability of adjoining properties to utilize solar energy; and is consistent with the Residential Design Review Handbook. Section 5: The City of Saratoga Planning Commission hereby approves PDR15-0023, located at 14768 Montalvo Road (APN 517-20-041), subject to the above Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 9th day of December 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Leonard Almalech Chair, Planning Commission 111 Resolution No. 15-052 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL PDR15-0023 14768 MONTALVO RD (APN 517-20-041) 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, or grading permit for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent or other term-specified conditions has been recorded by the applicant with the Santa Clara County Recorder’s office in form and content to the satisfaction of the Community Development Director. 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. 2. The Owner and Applicant will be mailed a statement 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 City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. 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. 4. 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, 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. 112 Resolution No. 15-052 Page 4 5. Construction must be commenced within 36 months from the date of this approval (December 9, 2018), or the resolution will expire. COMMUNITY DEVELOPMENT 6. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated November 23, 2015 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 7. 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 City 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. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance-protected tree on the site; c. This Resolution printed onto separate construction plan pages; d. A final utility plan that shows location of HVAC mechanical equipment outside of required setback areas; e. A final Drainage and Grading Plan stamped by a registered Civil Engineer combined with the above-required Stormwater Detention Plan; f. A final Landscape and Irrigation Plan; and g. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 8. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 9. 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. 10. Setback Verification Letter – Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks are per the approved plans. 11. Final Landscaping and Irrigation Plan. The final landscaping and irrigation plan shall take into account the following: 113 Resolution No. 15-052 Page 5 a. To the extent feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolong exposure to water shall be specified. b. To the extent feasible, pest resistant landscaping plants shall be used throughout the landscaped area, especially along any hardscape area. c. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. d. Pest resistant landscaping plants shall be considered for use throughout the landscaped area, especially along any hardscape area. e. Any proposed or required under grounding of utilities shall take into account potential damage to roots of protected trees. f. Sufficient documentation to show how the project complies with applicable Water Efficient Landscape Ordinance (WELO) requirements including the payment of deposit fees for the review submitted plans and water budget/usage calculations. 12. Fire Department Requirements. Owner/applicant shall comply with all Fire Department requirements. 13. Noise and Construction Hours. In order to comply with standards that minimize impacts to the neighborhood during site preparation and construction, the applicant shall comply with City Code Sections 7-30.060 and 16-75.050, with respect to noise, construction hours, maintenance of the construction site and other requirements stated in these sections. 14. Landscaping. Landscaping shall be installed prior to final inspection or a bond satisfactory to the Community Development Department valued at 150% of the estimated cost of the installation of such landscaping shall be provided to the City. 15. Construction Management Plan. The applicant shall submit a construction management plan prior to obtaining a building permit. The plan shall address work hours and schedule, equipment/material staging and parking, estimated vehicular traffic, contaminated soil management, dust control measures, noise mitigation, and general health and safety. CITY ARBORIST 16. Arborist Report (ARB15-0063). All recommendations of the Arborist Report dated October 6, 2015 and all other future updated reports, and incorporated herein by this reference shall be followed and incorporated (in its entirety) into the plans. PUBLIC WORKS 17. Fees. The owner (applicant) shall pay all applicable fees prior to Zone Clearance. 114 Resolution No. 15-052 Page 6 18. Encroachment Permit. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement prior to commencement of the work to implement this Design Review. 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 ACTION MINUTES REGULAR MEETING SARATOGA PLANNING COMMISSION Wednesday, December 9, 2015 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE ROLL CALL PRESENT Commissioners Sunil Ahuja, Wendy Chang, Kookie Fitzsimmons, Joyce Hlava, Dede Smullen, Tina Walia, Chair Leonard Almalech ABSENT None ALSO PRESENT Erwin Ordoñez, Community Development Director Sandy Baily, Special Projects Manager Kate Bear, Arborist Michael Fossati, Planner COMMUNICATIONS FROM COMMISSION & PUBLIC APPROVAL OF MINUTES Approve Action Minutes from the Regular Planning Commission Meeting of October 28, 2015 Action: WALIA/FITZSIMMONS MOVED TO APPROVE THE OCTOBER 28, 2015 MINUTES. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. NEW BUSINESS 1. Application ELN15-0012; 18470 Ravenswood Dr. (397-43-050); Amer Ather - The applicant is proposing an addition of 700 sq. ft. to a legal non-conforming one story single-family residence located at 18740 Ravenswood Dr. The structure is classified as nonconforming because the existing interior and exterior side setbacks are located within the side yard(s). Action: HLAVA/SMULLEN MOVED TO ADOPT RESOLUTION NO. 15-050 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. PUBLIC HEARING All interested persons may appear and be heard at the above time and place. Applicants 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. Applicants and their representatives have a total of five minutes maximum for closing statements. 1. Application SUB10-10-0001 & ENV10-0001 – Mt. Eden Road (503-13-127, 128) Irany / Karr - The applicant currently owns a 13.8 acre parcel. They have submitted an application to subdivide the parcel into two parcels. Parcel 1 would be 3.85 acres and Parcel 2 would be 9.92 acres. An Initial Study / Negative Declaration was required because both proposed lots have average slopes greater than 20%. The 149 intent to adopt the Negative Declaration (ND) was duly noticed and circulated for a 20-day public review period from September 18, 2015 – October 7, 2015. Staff Contact: Michael Fossati (408) 868-1212. Action: HLAVA/AHUJA MOVED TO APPROVE RESOLTION NO. 13-025 SUBJECT TO CONDITIONS OF APPROVAL AND ADOPT THE NEGATIVE DECLARATION. MOTION PASSED. AYES: AHUJA, ALMALECH, FITZSIMMONS, HLAVA, SMULLEN. NOES: CHANG, WALIA. ABSENT: NONE. ABSTAIN: NONE. 2. Application PDR14-0010; 18645 McFarland Avenue (389-14-015); Mahmoud Khorashadi - The applicant requests to demolish an existing single-story residence in order to construct a new 3,515 sq. ft. two-story residence with two car garage and attached second dwelling unit. The height of the new residence will not exceed 26 feet. Two trees not protected by City Code are proposed to be removed. Staff Contact: Michael Fossati (408) 868-1212. Action: HLAVA/AHUJA MOVED TO CONTINUE THIS ITEM TO FEBRUARY 9, 2016 STUDY SESSION. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 3. Application PDR15-0036; 19905 Sunset Drive (510-02-004); McCune/Beck The applicant is requesting to construct a 480 sq. ft. addition to an existing two-story residence and a 201 sq. ft. addition to an existing, detached secondary dwelling unit. The height of the addition to the main house would be no taller than 26 feet and the height of the second dwelling unit would be no taller than 18 feet. One protected tree is proposed for removal. Planning Commission design review is required because the cumulative floor area of the proposed project exceeds 6,000 sq. ft. The site area is 40,799 sq. ft. and the property is zoned R1- 40,000. Staff Contact: Liz Ruess 408-868-1230 Action: HLAVA/WALIA MOVED TO ADOPT RESOLUTION NO. 15-053 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 4. Application PDR15-0023; 14768 Montalvo Road (517-20-041); Wilson/Goodere - The applicant is requesting approval to demolish an existing residence and to construct a new 26 foot tall, 4,602 square foot two-story residence with a 281 square foot second dwelling unit. Planning Commission design review is required because the project consists of a new two-story residence over 18 feet in height. Staff Contact: Sandy Baily (408) 868-1235. Action: HLAVA/CHANG MOVED TO ADOPT RESOLUTION NO. 15-052 APPROVING THE PROJECT SUBJECT TO CONDITIONS OF APPROVAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, HLAVA, SMULLEN. NOES: FITZSIMMONS, WALIA. ABSENT: NONE. ABSTAIN: NONE. 5. Application APTR15-0003; 20315 Orchard Rd (397-23-004); Greenleaf – The appellant is appealing a tree removal permit application (TRP15-0412) and specifically, the removal of one coast live oak growing in the back yard of the property. Staff contact: Kate Bear (408) 868-1276. Action: HLAVA/SMULLEN MOVED TO ADOPT RESOLUTION 15-051 DENYING THE APPEAL. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 6. Application ZOA15-0009 (Citywide) - The City has drafted a revised Water Efficient Landscaping Ordinance (Article 15-47). The purpose of the Ordinance is to implement new State requirements to increase water efficiency standards for new and retrofitted landscapes through more efficient systems, greywater usage, onsite storm water capture and by limiting the portion of new or significantly modified landscapes that can be covered in turf. Staff Contact: Sandy Baily (408) 868-1235. 150 Action: HLAVA/WALIA MOVED TO CONTINUE THIS ITEM TO JANUARY 13, 2016 MEETING. MOTION PASSED. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA, SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. DIRECTOR/COMMISSION COMMUNICATION ADJOURNMENT HLAVA/WALIAMOVED TO ADJOURN AT 12:05 AM. AYES: AHUJA, ALMALECH, CHANG, FITZSIMMONS, HLAVA SMULLEN, WALIA. NOES: NONE. ABSENT: NONE. ABSTAIN: NONE. 151 SARATOGA CITY COUNCIL MEETING DATE: February 3, 2016 DEPARTMENT: Administrative Services Department PREPARED BY: Mary Furey, Administrative Services Director SUBJECT: Approve actions related to the formation of, and Saratoga’s membership in, the Silicon Valley Clean Energy Authority, an Independent Joint Powers Authority, to establish a Community Choice Energy Program. RECOMMENDATIONS 1. Waive second reading and adopt the attached Ordinance to authorize the implementation of a Community Choice Energy Program and find that the project is exempt from CEQA pursuant to CEQA Guidelines 15378(a), 15061(b)(3), and 15308. 2. Adopt Resolution to approve the Joint Powers Authority Agreement establishing and authorizing participation in the Silicon Valley Clean Energy Authority, and find that the project is exempt from CEQA pursuant to CEQA Guidelines 15378(b)(5) and 15061(b)(3). 3. Authorize the City Manager to remit up to $150,000, as shown in the Silicon Valley Clean Energy Authority agreement (Exhibit E), to support the initial costs of the Authority. 4. Adopt resolution modifying agency assignments. DISCUSSION Community Choice Aggregation Ordinance On January 20, 2016, the City Council held a public hearing and received a presentation from Melody Tovar, the Silicon Valley Community Choice Energy Partnership program lead, on the merits of establishing a Community Choice Energy program ordinance. The Council asked questions and discussed the proposed energy aggregation program as well as the proposal to join the Silicon Valley Clean Energy Authority JPA. The City Council did not recommend any changes to the draft ordinance and voted to place the ordinance on the agenda for a second reading and adoption at the February 3, 2016 City Council meeting (Attachment 1). Resolution to approve Joint Powers Authority Agreement In conjunction with approving the Community Choice Energy Ordinance, Council is asked to consider adopting a resolution to approve the Joint Powers Authority Agreement establishing and authorizing participation in the Silicon Valley Clean Energy Authority. Key features of the Silicon Valley Clean Energy Authority Agreement (Attachment 2) include the following:  Board of Directors (4.1) – The Board is comprised of one Director from each Party. The governing body of each Party appoints a regular Director (from among the governing body) and an alternate (which need not be from among the governing body).  Board Voting (4.9) – actions of the Board on all matters shall require an affirmative vote of a majority of all Directors on the entire Board, unless a supermajority is specified. Two or more Directors may request that a voting shares vote also be held (4.9.2) which is based upon the Party’s proportional annual energy use (4.9.3). In such cases, both the vote by Directors and the voting shares vote must be affirmative for an action to be approved by the Board.  Funding of Initial Costs (6.3.2) – Exhibit E details the initial cost contribution for each Party. The contribution required to be committed by each Party includes a contingency intended to ameliorate the effects to initial funding should several Initial Participants not agree to become Parties to the JPA. In the event that the CCE Program becomes operational, these Initial Costs shall be reimbursed by the Authority within four years of the Effective Date.  Withdrawal (7.1) - The agreement provides opportunities for a Party to withdraw and describes their ongoing obligations and liabilities where applicable. Such obligations can include losses to the Authority for the power contracted to serve a Party’s jurisdiction. An additional provision for early withdrawal allows that a Party may withdraw should the procurement process not yield successful results (cleaner energy for rates at or below that of PG&E). If adopted, the agreement becomes effective March 31, 2016. At this point, it appears favorable that a majority, and perhaps all of the twelve agencies will vote to join the JPA to develop promote, conduct, operate, and manage the proposed clean energy program. The Council Resolution and the establishment of the Silicon Valley Clean Energy Authority is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a “project” since this action involves organizational and administrative activities of government that will not result in direct or indirect physical changes in the environment. (14 Cal. Code Regs. § 15378(b)(5)). Further, the resolution is exempt from CEQA as there is no possibility that the resolution or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3)). Joint Power Authority Partnership Funding As stated above, the Joint Powers Authority agreement requires each of the members to contribute toward the initial start-up costs. After the organizational framework is in place, additional funding will be needed to finalize development and begin operations – which at that point, will be obtained through bank loan funding. A summary of program cost components is shown below. The JPA will refine these estimates after formation. Cost Item Amount Internal Staff $ 730,000 Technical Consulting and Legal Services 620,000 Marketing and Communications 280,000 Customer Noticing and Mailers 120,000 Security Deposits 40,000 Miscellaneous Administrative and General 95,000 CCE Bond 100,000 Debt Service 720,000 Other Pre-launch Activities 180,000 Total $ 2,885,000 Included in the Internal Staff estimates are positions phased in over time and dedicated to the overall leadership of the JPA as well as legal and regulatory support, community outreach, and program development. Similarly, the proposed budget includes proactive advocacy in legislative and regulatory developments that can impact CCE programs, including approaches to community outreach and program development. As shown in Exhibit E, the City will need to contribute up to $150,000 as of March 31, 2016. Funding for this purpose is available in the FY 2015/16 City Council program budget, and only requires Council’s direction to use the funding for this purpose. This initial contribution is anticipated to be repaid through user charges over a period of time in the next three or four years. Resolution Modifying Agency Assignments With the adoption of the Community Choice Energy Ordinance and the resolution to participate in the SVCCEA JPA, the City Council’s next step is to adopt a resolution appointing the City’s representative Director on the board to act for and on behalf of the City on matters within the powers of the Authority, and the alternate Director who may vote on matters when the regular Director is absent. Mayor Cappello has selected Councilmember Miller as the City’s representative Director on the board, and Councilmember Lo as the alternate Director. FISCAL STATEMENT The $150,000 funding requirement to participate in the SVCCEA partnership is available in the FY 2015/16 Operating Budget, within the Council’s program budget, however Council must direct staff to use the funding for this purpose. This initial contribution is anticipated to be repaid back to the General Fund through user fees over a period of four years after program initiation. ATTACHMENTS 1. Community Choice Aggregation Ordinance 2. SVCEA Joint Powers Authority Agreement 3. Resolution to Approve Joint Powers Authority Agreement 4. Resolution to Modify Agency Assignments Attachment 1 ORDINANCE NO. ___ . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM The City Council of the City of Saratoga does ordain as follows: SECTION 1. FINDINGS. The City Council finds as follows: 1.The Cities of Cupertino, Mountain View and Sunnyvale and the County of Santa Clara formed and sponsored the Silicon Valley Community Choice Energy Partnership (SVCCEP) to investigate options to provide electric service to customers within the City of Saratoga and surrounding municipalities with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of local renewable energy projects, reduced greenhouse gas emissions, and the implementation of energy conservation and efficiency projects and programs. 2.The City of Saratoga, through its participation in SVCCEP, has prepared a Technical Feasibility Study for a Community Choice Aggregation (“CCA”) program under the provisions of Public Utilities Code Section 366.2. The Technical Feasibility Study shows that implementing a community choice aggregation program would likely provide multiple benefits, including the following: a.Providing customers a choice of power providers; b.Increasing local control over energy rates and other energy-related matters; c.Providing electric rates that are competitive with those provided by the incumbent utility; d.Reducing greenhouse gas emissions arising from electricity use in the City; e.Increasing local and regional renewable generation capacity; f.Increasing energy conservation and efficiency projects and programs; g.Increasing regional energy self-sufficiency; and h.Improving the local economy by implementing new local renewable and energy conservation and efficiency projects. 3.The Joint Powers Agreement creating the Silicon Valley Clean Energy Authority (“Authority”) will govern and operate the CCA program on behalf of its member jurisdictions. The Initial Participants within the County of Santa Clara, as defined by the Joint Powers Agreement, may participate in the Authority by adoption of a resolution approving the execution of the Joint Powers Agreement and adoption of the CCA ordinance required by Public Utilities Code Section 366.2(c)(12) by March 31, 2016. Municipalities choosing to participate in the Authority will have membership on the Board of Directors of the Authority as provided in the Joint Powers Agreement. 4.The Authority will enter into agreements with electric power suppliers and other service providers and, based upon those agreements, the Authority plans to provide electrical power to residents and businesses at rates that are competitive with those of the incumbent utility. Once the California Public Utilities Commission approves the implementation plan prepared by the 155 Authority, the Authority may provide service to customers within the City of Saratoga and those cities that choose to participate in the Silicon Valley Clean Energy Authority; and 5.Under Public Utilities Code Section 366.2, customers have the right to opt-out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so at any time; and 6.On January 20, 2016, the Saratoga City Council held a public hearing at which time interested persons had an opportunity to testify either in support or in opposition to implementation of the Silicon Valley Clean Energy CCA program in the City of Saratoga. 7.This ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the ordinance is exempt from CEQA as there is no possibility that the ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3).) The ordinance is also categorically exempt because it is an action taken by a regulatory agency to assure the maintenance, restoration, enhancement or protection of the environment. (14 Cal. Code Regs. § 15308.) The Director of Community Development shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines. SECTION 2. The above findings are true and correct. SECTION 3. AUTHORIZATION TO IMPLEMENT A COMMUNITY CHOICE AGGREGATION PROGRAM. Based upon the foregoing, and in order to provide businesses and residents within the City of Saratoga with a choice of power providers, the City of Saratoga hereby elects to implement a community choice aggregation program within the jurisdiction of the City by participating in the Community Choice Aggregation program of the Silicon Valley Clean Energy Authority, as described in its Joint Powers Agreement. SECTION 4. This Ordinance shall be in full force and effect 30 days after its adoption, and shall be published and posted as required by law. This Ordinance was introduced by the City Council of the City of Saratoga on January 20, 2016 and was adopted on February 3, 2016 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________________ Manny E. Cappello, Mayor ATTEST: _________________________156 Attachment 1 Crystal Bothelio, City Clerk 157 10016-0003\1907676v1.doc Final Draft (11/25/15) Silicon Valley Clean Energy Authority - Joint Powers Agreement – Effective _____________ Among The Following Parties: City of Campbell City of Cupertino City of Gilroy City of Los Altos Town of Los Altos Hills Town of Los Gatos City of Monte Sereno City of Morgan Hill City of Mountain View County of Santa Clara (Unincorporated Area) City of Saratoga City of Sunnyvale 158 -1- 10016-0003\1907676v1.doc SILICON VALLEY CLEAN ENERGY AUTHORITY JOINT POWERS AGREEMENT This Joint Powers Agreement (“Agreement”), effective as of _________, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (“Parties”). The term “Parties” shall also include an incorporated municipality or county added to this Agreement in accordance with Section 3.1. RECITALS 1.The Parties are either incorporated municipalities or counties sharing various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants. 2.The purposes for the Initial Participants (as such term is defined in Section 2.2 below) entering into this Agreement include addressing climate change by reducing energy related greenhouse gas emissions and securing energy supply and price stability, energy efficiencies and local economic benefits. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to solar and wind energy production. 3.The Parties desire to establish a separate public agency, known as the Silicon Valley Clean Energy Authority (“Authority”), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs. 4.The Initial Participants have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to California Public Utilities Code Section 366.2 (“CCA Program”). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. 159 -2- 10016-0003\1907676v1.doc AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 Definitions.Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: Definitions Exhibit B: List of the Parties Exhibit C: Annual Energy Use Exhibit D: Voting Shares Exhibit E: Funding of Initial Costs 1.3 Revision of Exhibits. The Parties agree that Exhibits B, C and D to this Agreement describe certain administrative matters that may be revised upon the approval of the Board, without such revision constituting an amendment to this Agreement, as described in Section 8.4. The Authority shall provide written notice to the Parties of the revision of any such exhibit. ARTICLE 2 FORMATION OF SILICON VALLEY CLEAN ENERGY AUTHORITY 2.1 Effective Date and Term . This Agreement shall become effective and Silicon Valley Clean Energy Authority shall exist as a separate public agency on March 31, 2016 provided that this Agreement is executed on or prior to such date by at least three Initial Participants after the adoption of the ordinances required by Public Utilities Code Section 366.2(c)(12). The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 7.4, subject to the rights of the Parties to withdraw from the Authority. 2.2 Initial Participants. Until March 31, 2016, all other Initial Participants may become a Party by executing this Agreement and delivering an executed copy of this Agreement and a copy of the adopted ordinance required by Public Utilities Code Section 366.2(c)(12) to the Authority. Additional conditions, described in Section 3.1, may apply (i) to either an incorporated municipality or county desiring to become a Party that is not an Initial Participant 160 -3- 10016-0003\1907676v1.doc and (ii) to Initial Participants that have not executed and delivered this Agreement within the time period described above. 2.3 Formation. There is formed as of the Effective Date a public agency named the Silicon Valley Clean Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. The debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 8.4 of this Agreement, this Section 2.3 may not be amended unless such amendment is approved by the governing boards of all Parties. 2.4 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party and any other powers granted to the Authority under state law to study, promote, develop, conduct, operate, and manage energy and energy-related climate change programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the Parties intend for this Agreement to be used as a contractual mechanism by which the Parties are authorized to participate as a group in the CCA Program pursuant to Public Utilities Code Section 366.2(c)(12). The Parties intend that subsequent agreements shall define the terms and conditions associated with the actual implementation of the CCA Program. 2.5 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following: 2.5.1 make and enter into contracts; 2.5.2 employ agents and employees, including but not limited to an Executive Director; 2.5.3 acquire, contract, manage, maintain, and operate any buildings, works or improvements; 2.5.4 acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; 2.5.5 lease any property; 2.5.6 sue and be sued in its own name; 2.5.7 incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Section 53850 et seq. and authority under the Act; 161 -4- 10016-0003\1907676v1.doc 2.5.8 issue revenue bonds and other forms of indebtedness; 2.5.9 apply for, accept, and receive all licenses, permits, grants, loans or other assistance from any federal, state or local public agency; 2.5.10 submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs; 2.5.11 adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority (“Operating Rules and Regulations”); and 2.5.12 make and enter into service, energy and any other agreements necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services. 2.6 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the City of Cupertino and any other restrictions on exercising the powers of the Authority that may be adopted by the Board. 2.7 Compliance with Local Zoning and Building Laws. Notwithstanding any other provisions of this Agreement or state law, any facilities, buildings or structures located, constructed or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed. ARTICLE 3 AUTHORITY PARTICIPATION 3.1 Addition of Parties. Subject to Section 2.2, relating to certain rights of Initial Participants, other incorporated municipalities and counties may become Parties upon (a) the adoption of a resolution by the governing body of such incorporated municipality or county requesting that the incorporated municipality or county, as the case may be, become a member of the Authority, (b) the adoption by a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.9, of a resolution authorizing membership of the additional incorporated municipality or county, specifying the membership payment, if any, to be made by the additional incorporated municipality or county to reflect its pro rata share of organizational, planning and other pre-existing expenditures, and describing additional conditions, if any, associated with membership, (c) the adoption of an ordinance required by Public Utilities Code Section 366.2(c)(12) and execution of this Agreement and other necessary program agreements by the incorporated municipality or county, (d) payment of the membership fee, if any, and (e) satisfaction of any conditions established by the Board. 3.2 Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition and/or withdrawal or termination of Parties. The Parties agree to participate with such other Parties as may later be added, as described in Section 3.1. 162 -5- 10016-0003\1907676v1.doc The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties’ continuing obligations under this Agreement. ARTICLE 4 GOVERNANCE AND INTERNAL ORGANIZATION 4.1 Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”) consisting of one director for each Party appointed in accordance with Section 4.2. 4.2 Appointment and Removal of Directors. The Directors shall be appointed and may be removed as follows: 4.2.1 The governing body of each Party shall appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party also shall appoint and designate in writing one alternate Director who may vote on matters when the regular Director is absent from a Board meeting. The person appointed and designated as the Director shall be a member of the governing body of the Party. The person appointed and designated as the alternate Director may be a member of the governing body of the Party, a staff member of the Party, or a member of the public. 4.2.2 The Operating Rules and Regulations, to be developed and approved by the Board in accordance with Section 2.5.11, shall specify the reasons for and process associated with the removal of an individual Director for cause. Notwithstanding the foregoing, no Party shall be deprived of its right to seat a Director on the Board and any such Party for which its Director and/or alternate Director has been removed may appoint a replacement. 4.3 Terms of Office. Each regular and alternate Director shall serve at the pleasure of the governing body of the Party that the Director represents, and may be removed as Director by such governing body at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director in accordance with the provisions of Section 4.2 within 90 days of the date that such position becomes vacant. 4.4 Quorum. A majority of the Directors of the entire Board shall constitute a quorum. 4.5 Powers and Function of the Board. The Board shall conduct or authorize to be conducted all business and activities of the Authority, consistent with this Agreement, the Authority Documents, the Operating Rules and Regulations, and applicable law. 4.6 Executive Committee. The Board may establish an executive committee consisting of a smaller number of Directors. The Board may delegate to the executive committee such authority as the Board might otherwise exercise, subject to limitations placed on the 163 -6- 10016-0003\1907676v1.doc Board’s authority to delegate certain essential functions, as described in the Operating Rules and Regulations. The Board may not delegate to the Executive Committee or any other committee its authority under Section 2.5.11 to adopt and amend the Operating Rules and Regulations. 4.7 Commissions, Boards and Committees. The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement. 4.8 Director Compensation. Compensation for work performed by Directors on behalf of the Authority shall be borne by the Party that appointed the Director. The Board, however, may adopt by resolution a policy relating to the reimbursement of expenses incurred by Directors. 4.9 Board Voting. 4.9.1 Percentage Vote.Except when a supermajority vote is expressly required by this Agreement or the Operating Rules and Regulations, action of the Board on all matters shall require an affirmative vote of a majority of all Directors on the entire Board. A supermajority vote is required by this Agreement for the matters addressed by Sections 3.1, 6.4, 7.1.1, 7.1.2, 7.2, and 8.4. When a supermajority vote is required by this Agreement or the Operating Rules and Regulations, action of the Board shall require an affirmative vote of the specified supermajority of all Directors on the entire Board All votes taken pursuant to this Section 4.9.1 shall be referred to as a percentage vote. No action can be taken by the Board without an affirmative percentage vote. 4.9.2 Voting Shares Vote.In addition to and immediately after an affirmative percentage vote, two or more Directors may request that, a vote of the voting shares shall be held. In such event, the corresponding voting shares (as described in Section 4.9.2 and Exhibit D) of all Directors voting in the affirmative shall exceed 50%, or such other higher voting shares percentage expressly required by this Agreement or the Operating Rules and Regulations, of all Directors on the entire Board. All votes taken pursuant to this Section 4.9.2 shall be referred to as a voting shares vote. In the event that any one Director has a voting share that equals or exceeds that which is necessary to disapprove the matter being voted on by the Board, at least one other Director shall be required to vote in the negative in order to disapprove such matter. When a voting shares vote is held, action by the Board requires both an affirmative percentage vote and an affirmative voting shares vote. 4.9.3 Voting Shares Formula.When a voting shares vote is requested by two or more Directors, voting shares of the Directors shall be determined by the following formula: 164 -7- 10016-0003\1907676v1.doc (Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) “Annual Energy Use” means (i) with respect to the first two years following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWh”), within the Party’s respective jurisdiction and (ii) with respect to the period after the second anniversary of the Effective Date, the annual electricity usage, expressed in kWh, of accounts within a Party’s respective jurisdiction that are served by the Authority and (b) “Total Annual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy use are designated in Exhibit C and the initial voting shares are designated in Exhibit D. Both Exhibits C and D shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year subject to the approval of the Board. 4.10 Meetings and Special Meetings of the Board. The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.). 4.11 Selection of Board Officers. 4.11.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board or (b) the Party that he or she represents withdraws from the Authority pursuant to the provisions of this Agreement. 4.11.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority. 4.11.3 Treasurer and Auditor. The Board shall appoint a qualified person to act as the Treasurer and a qualified person to act as the Auditor, neither of whom needs to be a member of the Board. If the Board so designates, and in accordance with the provisions of applicable law, a qualified person may hold both the office of Treasurer and the office of Auditor of the 165 -8- 10016-0003\1907676v1.doc Authority. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Board may require the Treasurer and/or Auditor to file with the Authority an official bond in an amount to be fixed by the Board, and if so requested, the Authority shall pay the cost of premiums associated with the bond. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 6. ARTICLE 5 IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS 5.1 Preliminary Implementation of the CCA Program. 5.1.1 Enabling Ordinance. Prior to the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority. 5.1.2 Implementation Plan. The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4.9. 5.1.3 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law. 5.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution or minute action, including but not necessarily limited to the Operating Rules and Regulations, the annual budget, and specified plans and policies defined as the Authority Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties’ right to withdraw from the Authority as described in Article 7. 166 -9- 10016-0003\1907676v1.doc ARTICLE 6 FINANCIAL PROVISIONS 6.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution. 6.2 Depository. 6.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity. 6.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act. 6.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 6.3 Budget and Recovery Costs. 6.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Authority Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall be prepared and approved by the Board in accordance with the Operating Rules and Regulations. 6.3.2 Funding of Initial Costs. The Initial Participants shall fund the Initial Costs of the Authority in establishing the Authority and implementing the CCA Program as described in Exhibit E to this Agreement. The Initial Participants shall remit to the Authority their respective shares of Phase 2 and 3 Initial Costs as described in Exhibit E within 30 days after the Effective Date. In the event that the CCA Program becomes operational, these Initial Costs paid by the Initial Participants shall be included in the customer charges for electric services as provided by Section 6.3.3 to the extent permitted by law, and the Initial Participants shall be reimbursed by the Authority within four years of the Effective Date. The Authority may establish a reasonable time period over which such costs are recovered. In 167 -10- 10016-0003\1907676v1.doc the event that the CCA Program does not become operational, the Initial Participants shall not be entitled to any reimbursement of the Initial Costs they have paid from the Authority or any Party. 6.3.3 CCA Program Costs. The Parties desire that, to the extent reasonably practicable, all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric, conservation and energy efficiency services under the CCA Program shall be recovered through charges to CCA customers receiving such electric services or from revenues received from grants or other third-party sources. 6.3.4 Additional Contributions and Advances. Pursuant to Government Code Section 6504, the Parties may in their discretion make financial contributions, loans or advances to the Authority for the purposes of the Authority set forth in this Agreement. The repayment of such contributions, loans or advances will be on the written terms agreed to by the Party making the contribution, loan or advance and the Authority. 6.4 Debt.The Authority shall not incur any debts, including but not limited to loans and the issuance of bonds, unless approved by a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.9. ARTICLE 7 WITHDRAWAL AND TERMINATION 7.1 Withdrawal. 7.1.1 General Right to Withdraw. A Party may withdraw its membership in the Authority, effective as of the beginning of the Authority’s fiscal year, by giving no less than 180 days advance written notice of its election to do so, which notice shall be given to the Authority and each Party. By a two- thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.9, the Board may shorten the 180 day period for a withdrawal under this Section 7.1.1 to become effective. 7.1.2 Amendment. Notwithstanding Section 7.1.1, a Party may withdraw its membership in the Authority following an amendment to this Agreement provided that the requirements of this Section 7.1.2 are strictly followed. A Party shall be deemed to have withdrawn its membership in the Authority effective 180 days after the Board approves an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately preceding the Board’s vote of the Party’s intention to withdraw its membership in the Authority should the amendment be approved by the Board. By a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.9, the Board may shorten the 180 day period for a withdrawal under this Section 7.1.2 to become effective. 168 -11- 10016-0003\1907676v1.doc 7.1.3 Liabilities; Further Assurances. A Party that withdraws its membership in the Authority under either Section 7.1.1 or 7.1.2 may be subject to certain liabilities, as described in Section 7.3. The withdrawing Party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in the Authority. The Operating Rules and Regulations shall prescribe the rights, if any, of a withdrawn Party to continue to participate in those Board discussions and decisions affecting customers of the CCA Program that reside or do business within the jurisdiction of the Party. 7.2 Involuntary Termination of a Party. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement or the Authority Documents upon a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.9, including the vote and voting shares of the Party subject to possible termination. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or the Authority Documents that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its membership in the Authority terminated may be subject to certain liabilities, as described in Section 7.3. 7.3 Continuing Liability; Refund. Subject to the provisions of Section 2.3, upon a withdrawal or involuntary termination of a Party pursuant to Sections 7.1 or 7.2, the Party shall remain responsible for any claims, demands, damages, or liabilities arising from the Party’s membership in the Authority through the date of its withdrawal or involuntary termination. Notwithstanding Section 2.3, thereafter, the withdrawing or terminated Party shall be responsible for any damages, losses or costs incurred by the Authority resulting from the Party’s withdrawal, including but not limited to losses from the resale of power contracted for by the Authority to serve the Party’s load. In addition, such Party also shall be responsible for any costs or obligations associated with the Party’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party’s liability for the costs described above. Any amount of the Party’s funds held on deposit with the Authority above that which is required to pay any liabilities or obligations shall be returned to the Party. 7.4 The Right to Withdraw Prior to Program Launch. After receiving bids from power suppliers for the CCA Program, the Authority must provide to the Parties a report from the electrical utility consultant retained by the Authority comparing the Authority’s total estimated electrical rates, the estimated greenhouse gas emissions rate and the amount of 169 -12- 10016-0003\1907676v1.doc estimated renewable energy to be used with that of the incumbent utility. Within 15 days after receiving this report, any Party may immediately withdraw its membership in the Authority by providing written notice of withdrawal to the Authority if the report determines that any one of the following conditions exists: (1) the Authority is unable to provide total electrical rates, as part of its baseline offering to customers, that are equal to or lower than the incumbent utility, (2) the Authority is unable to provide electricity in a manner that has a lower greenhouse gas emissions rate than the incumbent utility, or (3) the Authority will use less renewable energy than the incumbent utility. Any Party who withdraws from the Authority pursuant to this Section 7.4 shall not be entitled to any refund of the Initial Costs it has paid to the Authority prior to the date of withdrawal unless the Authority is later terminated pursuant to Section 7.5. In such event, any Initial Costs not expended by the Authority shall be returned to all Parties, including any Party that has withdrawn pursuant to this section, in proportion to the contribution that each made. Notwithstanding anything to the contrary in this Agreement, any Party who withdraws pursuant to this section shall not be responsible for any liabilities or obligations of the Authority after the date of withdrawal, including without limitation any liability arising from power purchase agreements entered into by the Authority. 7.5 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 7.1. 7.6 Disposition of Property upon Termination of Authority. Upon termination of this Agreement as to all Parties, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any Authority Documents, shall be returned to the then-existing Parties in proportion to the contributions made by each. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Before exercising any remedy provided by law, a Party or the Parties and the Authority shall engage in nonbinding mediation or arbitration in the manner agreed upon by the Party or Parties and the Authority. In the event that nonbinding mediation or arbitration is not initiated or does not result in the settlement of a dispute within 120 days after the demand for mediation or arbitration is made, any Party and the Authority may pursue any remedies provided by law. 8.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et 170 -13- 10016-0003\1907676v1.doc seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees. 8.3 Indemnification of Parties. The Authority shall acquire such insurance coverage as the Board deems necessary to protect the interests of the Authority, the Parties and the public but shall obtain no less than $2 million dollars in coverage. Such insurance coverage shall name the Parties and their respective Board or Council members, officers, agents and employees as additional insureds. The Authority shall defend, indemnify and hold harmless the Parties and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement. 8.4 Amendment of this Agreement. This Agreement may be amended in writing by a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.9. The Authority shall provide written notice to the Parties at least 30 days in advance of any proposed amendment being considered by the Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt written notice to all Parties of the effective date of such amendment along with a copy of the amendment. 8.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 8.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 8.5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to the Authority, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement. 8.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 8.7 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 8.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another 171 -14- 10016-0003\1907676v1.doc counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. 8.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 72 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. In addition, a duplicate copy of all notices provided pursuant to this section shall be provided to the Director and Alternate Director for each Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties. ARTICLE 9 SIGNATURE IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Silicon Valley Clean Energy Authority. By: Name: Title: Date: Party: 172 Exhibit A Page 1 10016-0003\1907676v1.doc EXHIBIT A DEFINITIONS “AB 117” means Assembly Bill 117 (Stat. 2002, ch. 838, codified at Public Utilities Code Section 366.2), which created CCA. “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) “Agreement” means this Joint Powers Agreement. “Annual Energy Use” has the meaning given in Section 4.9.2. “Authority” means the Silicon Valley Clean Energy Authority. “Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies. “Board” means the Board of Directors of the Authority. “CCA” or “Community Choice Aggregation” means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366.2. “CCA Program” means the Authority’s program relating to CCA that is principally described in Sections 2.4 and 5.1. “Days” shall mean calendar days unless otherwise specified by this Agreement. “Director” means a member of the Board of Directors representing a Party. “Effective Date” means the date on which this Agreement shall become effective and the Silicon Valley Clean Energy Authority shall exist as a separate public agency, as further described in Section 2.1. “Implementation Plan” means the plan generally described in Section 5.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program. “Initial Costs” means all costs incurred by the Authority relating to the establishment and initial operation of the Authority, such as the hiring of an Executive Director and any administrative staff, any required accounting, administrative, technical and legal services in support of the Authority’s initial activities or in support of the negotiation, preparation and approval of power purchase agreements. The Board shall determine the termination date for Initial Costs. “Initial Participants” means, for the purpose of this Agreement the County of Santa Clara, the Cities of Campbell, Cupertino, Gilroy, Los Altos, Monte Sereno, Morgan Hill, Mountain View, Saratoga, and Sunnyvale, and the Towns of Los Altos and Los Gatos. 173 Exhibit A Page 2 10016-0003\1907676v1.doc “Operating Rules and Regulations” means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority. “Parties” means, collectively, the signatories to this Agreement that have satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a member of the Authority. “Party” means, singularly, a signatory to this Agreement that has satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a member of the Authority. “Percentage vote” means a vote taken by the Board pursuant to Section 4.9.1 that is based on each Party having one equal vote. “Total Annual Energy” has the meaning given in Section 4.9.2. “Voting shares vote” means a vote taken by the Board pursuant to Section 4.9.2 that is based on the voting shares of each Party described in Section 4.9.3 and set forth in Exhibit D to this Agreement. A voting shares vote cannot take place on a matter unless the matter first receives an affirmative percentage vote in the manner required by Section 4.9.1 and two or more Directors immediately thereafter request such vote. 174 Exhibit B Page 1 10016-0003\1907676v1.doc DRAFT EXHIBIT B LIST OF THE PARTIES (This draft exhibit is based on the assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised to reflect the Parties to this Agreement at that time.) City of Campbell City of Cupertino City of Gilroy City of Los Altos Town of Los Altos Hills Town of Los Gatos City of Monte Sereno City of Morgan Hill City of Mountain View County of Santa Clara (Unincorporated Area) City of Saratoga City of Sunnyvale 175 Exhibit C Page 1 10016-0003\1907676v1.doc DRAFT EXHIBIT C ANNUAL ENERGY USE (This draft exhibit is based on the assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised to reflect the Parties to this Agreement at that time.) This Exhibit C is effective as of March 31, 2016. Party Campbell Cupertino Gilroy Los Altos Los Altos Hills Los Gatos Monte Sereno Morgan Hill Mountain View Santa Clara County (Unincorporated) Saratoga Sunnyvale kWh (2014*) 208,827,224 243,359,722 296,992,863 142,219,276 42,576,999 196,007,285 7,939,338 232,520,509 664,209 ,464 397,902,304 131,604,010 1,407,826,241 *Data provided by PG&E 176 Exhibit D Page 1 10016-0003\1907676v1.doc DRAFT EXHIBIT D VOTING SHARES (This draft exhibit is based on the assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised to reflect the Parties to this Agreement at that time.) This Exhibit D is effective as of March 31, 2016. Party Voting Share Section 4.9.2 Campbell 5.3% Cupertino 6.1% Gilroy 7.5% Los Altos 3.6% Los Altos Hills 1.1% Los Gatos 4.9% Monte Sereno 0.2% Morgan Hill 5.9% Mountain View 16.7% Santa Clara County (Unincorporated) 10.0% Saratoga 3.3% Sunnyvale 35.4% Total kWh (2014*) 208,827,224 243,359,722 296,992,863 142,219,276 42,576,999 196,007,285 7,939,338 232,520,509 664,209 ,464 397,902,304 131,604,010 1,407,826,241 3,971,985,235 100.0% *Data provided by PG&E 177 Exhibit E Page 1 10016-0003\1907676v1.doc DRAFT EXHIBIT E FUNDING OF INITIAL COSTS (This draft exhibit is based on the assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised to reflect the Parties to this Agreement at that time.) Party Phase 1(*)Phase 2 and 3 (**) Phase 2 & 3 w/Contingency (***) Campbell --$100,000 $150,000 Cupertino $170,000 $350,000 $450,000 Gilroy --$100,000 $150,000 Los Altos --$100,000 $150,000 Los Altos Hills --$25,000 $25,000 Los Gatos --$100,000 $150,000 Monte Sereno --$25,000 $25,000 Morgan Hill --$100,000 $150,000 Mountain View $170,000 $350,000 $450,000 Santa Clara County (Unincorporated) $170,000 $350,000 $450,000 Saratoga --$100,000 $150,000 Sunnyvale $170,000 $350,000 $450,000 Total $680,000 $2,050,000 N/A -(*) Certain Parties have contributed funding prior to the Effective Date of this Agreement, as shown above under Phase 1, to conduct initial legal, technical, and administrative activities in support of the establishment of the Authority. Such activities are part of the Initial Costs described in Section 6.3 of this Agreement. -(**) Additional costs associated with program launch will be financed and thus are not covered by the Initial Cost Contributions shown here. -(***) Initial Participants are required to commit up to this amount at the time of executing the Agreement; this amount includes contingency funding should multiple Initial Participants 178 Exhibit E Page 2 10016-0003\1907676v1.doc not execute the Agreement by 3/31/16, so that the final Parties are providing sufficient contribution for Initial Costs. The Parties will be notified promptly after the Effective Date of the final Parties and contribution to Initial Costs. 179 Attachment 3 RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING THE JOINT POWERS AGREEMENT ESTABLISHING THE SILICON VALLEY CLEAN ENERGY AUTHORITY WHEREAS, the Cities of Cupertino, Mountain View and Sunnyvale and the County of Santa Clara formed and sponsored the Silicon Valley Community Choice Energy Partnership (SVCCEP) to investigate options to provide electric service to customers within the City of Saratoga and surrounding municipalities with the intent of achieving greater local control and involvement over the provision of electric services, competitive electric rates, the development of local, renewable energy projects, reduced greenhouse gas emissions, and the implementation of energy conservation and efficiency projects and programs; and WHEREAS, the City of Saratoga through its involvement in SVCCEP has participated in the preparation of a Technical Feasibility Study for a community choice aggregation (“CCA”) program under the provisions of Public Utilities Code Section 366.2, with the Technical Feasibility Study concluding that implementing a community choice aggregation program would likely achieve the goals and benefits described above; and WHEREAS, the City of Saratoga desires to enter into the Joint Powers Agreement establishing the Silicon Valley Clean Energy Authority in order to implement a community choice aggregation program pursuant to Public Utilities Code Section 366.2(c)(12) within the jurisdiction of the City along with the other municipalities that become a member of the Authority; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY RESOLVES: Section 1. The Silicon Valley Clean Energy Authority Joint Powers Agreement, attached hereto, is herby approved and the City Manager is authorized to execute this Agreement upon the effective date of this resolution. Section 2. This resolution and the establishment of the Silicon Valley Clean Energy Authority is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a “project” since this action involves organizational and administrative activities of government that will not result in direct or indirect physical changes in the environment. (14 Cal. Code Regs. § 15378(b)(5)). Further, the resolution is exempt from CEQA as there is no possibility that the resolution or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs § 15061(b)(3)). A Notice of Exemption shall be filed as authorized by CEQA and the State CEQA guidelines. Section 3. This resolution shall be effective upon the adoption of Ordinance No. __, AN ORDINANCE OF THE CITY OF SARATOGA AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION (CCA) PROGRAM. PASSED AND ADOPTED this 3rd day of February, 2016, by the following vote: AYES:COUNCILMEMBERS:________________________________________ 180 RES. NO. _____ Page 2 NOES:COUNCILMEMBERS:________________________________________ ABSENT:COUNCILMEMBERS:________________________________________ ABSTAIN:COUNCILMEMBERS:________________________________________ E. Manny Cappello, Mayor ATTEST: ____________________________ Crystal Bothelio, City Clerk 181 RESOLUTION 16-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CITY COUNCIL ASSIGNMENTS FOR CALENDAR YEAR 2016 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 the assignments for the 2016 calendar year via Resolution 15-075; and WHEREAS, the City Council wishes to amend the assignments to appoint a member and alternate to the Silicon Valley Clean Energy Authority Board of Directors to represent the City of Saratoga. NOW, THEREFORE, be it resolved that the City Council does hereby amend the City Council assignments for 2016 (attached) and members of the Council hereby agree to their appointments through December 2016 or until amended. Attachments: Exhibit A – 2016 City Council Assignments The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 3rd day of February 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ E. Manny Cappello, Mayor ATTEST: DATE: Crystal Bothelio, City Clerk 182 2016 SARATOGA CITY COUNCIL ASSIGNMENTS Agency Assignments - Voting Council Member Alternate Association of Bay Area Governments Bernald Kumar Cities Association of Santa Clara County Cappello Bernald Cities Association of Santa Clara County – Legislative Action Committee Bernald Cappello Cities Association of Santa Clara County – Selection Committee Bernald Cappello Hakone Foundation Board Bernald 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 Lo N/A Santa Clara County Housing and Community Development (HCD) Council Committee Cappello Bernald Santa Clara County Library Joint Powers Authority Lo Kumar Santa Clara Valley Water District Commission Kumar Miller Saratoga Area Senior Coordinating Council (SASCC) Cappello Bernald Silicon Valley Clean Energy Authority Board of Directors Miller Lo 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 Cappello Lo West Valley Sanitation District Cappello Bernald West Valley Solid Waste Management Joint Powers Authority Bernald Lo Liaison Assignments - Non-Voting Council Member Alternate Saratoga Chamber of Commerce & Destination Saratoga Lo Kumar Saratoga Historical Foundation Bernald Lo Saratoga Ministerial Association Kumar Miller Saratoga Sister City Organization Bernald Lo 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 183 SARATOGA CITY COUNCIL MEETING DATE:February 3, 2015 DEPARTMENT:Public Works PREPARED BY:John Cherbone, Public Works Director SUBJECT:Authorize Financial Support for the 2016 America in Bloom Contest RECOMMENDED ACTION: Receive report and provide direction to staff. BACKGROUND: On November 5, 2014, City Council approved the 2015 registration submittal and fee for the American in Bloom (AIB) contest. The Village Gardeners compiled the application and organized the effort. The AIB contest promotes civic pride and the beautification of cities and towns by encouraging the planting of flowers, plants, and trees. AIB hosts a national awards contest each year with participants divided among eleven population categories. The criteria with which the cities are evaluated include six categories: floral displays, landscape areas, urban forestry, environmental efforts, heritage preservation, and overall impression. Participants receive an evaluation form with space for comments by judges on what they favored and suggestions for improvements. On September 26, 2015, Saratoga was chosen the winner of the America in Bloom contest for our population category. The City won best tree canopy and best overall impression, which is remarkable for a city in its first year of competition. In addition, Saratoga was a finalist in the best overall impression with 40 cities competing in the population category. If the City wins one more category it will eligible for the “Circle of Champions” level award. To celebrate the City’s AIB accomplishments, the City placed signage and banners in Blaney Plaza and in the Village. REPORT SUMMARY: The Village Gardeners are planning to register for the 2016 AIB contest and are requesting City assistance with funding and gardening efforts. The expenses for this year’s submittal are estimated to be approximately $5,000 broken out as follows: •Registration Fee: $1,100 •AIB Judge Accommodations/Meals: $1,400 •Flowers, Misc. Materials, and Contract Work: $2,500 184 Participating organizations are required to pay for three nights of accommodations and meals for the visiting judges. The Village Gardeners plan on soliciting donations for this line item and may not need financial support from the City for that $1,400 estimated expense. Public Works can fund the line item for flowers, miscellaneous materials, and contract work in the current fiscal year budget. The Village Gardeners will continue to compile the application, organize events, and recruit volunteers to perform the majority of the beautification work. City efforts will concentrate on beautification projects such as additional color spots in medians and enhancing hanging baskets in the Village. Other efforts include facilitating City Council participation as well as communicating information about the contest to the community. This year the Symposium/Award Program will be held in Arroyo Grande, CA from the 6 th thru the 9th of October. The AIB organization recommends that representatives from the City should attend including City Council members. There is a $350 per person entry fee in addition to accommodation and meal costs. The City’s budgeted funds for training can be used to send City representatives. AIB judges recommended the following to improve our overall scoring: •Advertise native tree planting list for residents and businesses •Offer free mulch to residents •Enhance recognition of volunteer efforts •Host Zero Waste Events for residents and businesses •Enhance advertising of locations where residents can safely dispose of old pharmaceuticals, paints, batteries, etc. •Promote City history in public places like the Library, City Hall, and online •Adopt a City flower •Recognize residents and businesses adopting drought tolerant landscapes •Develop a Heritage Loop Map for visitors and residents •Develop Century Building designations and signs (e.g. Foothill Club, Montalvo) •Improve flower displays throughout the City Attached to the report is the 2015 AIB Evaluation Form. FISCAL STATEMENT: The $2,500 for the registration fee and judge accommodations/meals, if no donations are received, could be funded using the City Council’s Discretionary Fund. ATTACHMENTS: Attachment A: Funding Request Attachment B: 2015 AIB Evaluation Form 2 185 From: Paula Cappello Sent: Friday, January 08, 2016 11:06 AM To: Crystal Bothelio Subject: America in Bloom(AIB) Request Hi Crystal Since we can defer payment of the application fee of $1000 until February 28th, I am requesting a place on the agenda at the Feb 3 council meeting assuming that would allow the City sufficient time to cut the check. Can you confirm this schedule works and is possible? At that time we will ask the City to fund the application fee and likely request additional funds for gardening supplies, signage, and the cost of feeding and housing the judges. Right now we are soliciting businesses, particularly in the Village, for help so we will have a pretty firm understanding of what we need and what is being donated.. As you know we could not do this without the support of Public Works so we anticipate the City will continue this support. We will also ask for participation of City officials at the 3 -day awards ceremony. Our current understanding it will be held in San Luis Obispo in October , I know the Mayor has mentioned attending and there may be others. That would be great! We think we missed a public relations opportunity to engage the community more broadly and will likely ask for ideas and/or help for more community outreach and publicity. There is a list of suggestions made by the judging committee that I will send to you next week. Many we already do collectively and I will ensure that our 2016 AIB submission calls those out. Such a long email but rather provide too much information than too little. I will at the city on Tuesday morning for an HPC meeting and could talk about this after the meeting if that would be helpful, Thank you, Paula 186 1 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 America in Bloom 2015 EVALUATION FORM Participant: Saratoga, CA Population Category: 30,000 to 40,000 Visiting Dates: May 4 and 5, 2015 Judges: Jack Clasen and Evelyn Alemanni America in Bloom envisions communities across the country as welcoming and vibrant places to live, work, and play – benefitting from colorful plants and trees; enjoying clean environments; celebrating heritage; and planting pride through volunteerism. All judging criteria will be adjusted to the climate and environmental conditions of the participant’s location. The judges’ report is based on efforts in management, planning, maintenance, improvement, and innovation of each of the following criteria: Criteria Actual Points Possible Points 1. Floral Displays 154.50 175.00 2. Landscaped Areas 162.50 175.00 3. Urban Forestry 154.50 175.00 4. Environmental Efforts 147.00 175.00 5. Heritage Preservation 155.00 175.00 6. Overall Impression 116.00 125.00 Total 889.50 1000 % 88.95 Bloom Rating 5 Five blooms = 85% Four blooms = 72.50–84.95% Three blooms = 60.00–72.45% Two blooms = 45.00–59.95% One bloom = <45.00% Participant representatives met: (including email) Name: Jill Hunter Title: Saratoga Village Gardeners Email: jhunter95070@yahoo.com Name: Howard Miller Title: Mayor Email: hmiller@saratoga.ca.us Name: Paula Cappello Title: Saratoga in Bloom Committee Email: plcappello@gmail.com 187 2 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 General Comments and Suggestions: Suggestions are indicated in italics. Congratulations on your first year of participation in America in Bloom and WINNING in your population category with a prestigious FIVE bloom rating. Congratulations also on earning a special award for “Most Beautiful Canopy of Trees”. You have already experienced the power of the America in Bloom program to bring together a diverse cross-section of your community to work together on positive and visible projects. We understand that California is experiencing a drought of historic proportions and have taken that into consideration in the scoring and our comments. Saratoga benefits from a well-educated and engaged population that is interested in getting involved and giving back. Your commitment to retaining the current community character and village lifestyle is commendable and helps to preserve all that is special about Saratoga. Saratoga enjoys a dedicated and professional city staff. The fact that many of them have worked for the city for many years speaks volumes about the work environment. Having a mayor with vision and a passion for excellence in every area is a definite plus. Because there are so many civic groups in Saratoga, consider hosting an annual meeting for all of them, where they can present their programs. It’s a great way to find synergy among the groups and get them to work collaboratively on a wide range of projects. Inviting the public to such a meeting is a great way to recruit new members as well. Also, be sure that your civic groups are recording their volunteer hours. They can be used as the “matching” part of matching funds grants. Your community profile is an excellent summary of your achievements. Be sure that it gets wide distribution. For example, copies could be placed in city hall, at the library, and chamber of commerce. Many cities use it as an economic development tool, and realtors can use it to showcase why Saratoga is a great place to live. There was nothing around the city to indicate that you are participating in America in Bloom. You might consider offering small decals to place on store windows or doors and on city vehicles. Let everyone know that you’re planting pride with America in Bloom. Next year, it would be very helpful if all the people we meet wear nametags that include their affiliation. It helps us get to know you faster and direct questions to the right people. 188 3 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 America in Bloom has several other levels of participation. Neighborhoods, business districts, college campuses and military installations are all eligible to participate. You might consider inviting your business district and college campus to participate in 2016, as well as recruiting neighboring cities. In addition, we have the “Circle of Champions” category in which towns that have a combination of three population and/or outstanding achievement awards. Circle of Champion members compete against each other in special categories. It is certainly a designation worth striving for and within the realm of possibility for Saratoga. It’s time now to start planning your AIB participation for next year. As a winner in your population category, you are eligible to compete in the Communities in Bloom International Competition and we strongly encourage you to do that as well as AIB. We look forward to your continued involvement. 189 4 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 1. Floral Displays Flower beds, containers, baskets, window boxes. Arrangement, originality, distribution, location, diversity, balance, harmony, quality of maintenance. Use and integration of annuals, perennials, ornamental grasses, bulbs, tropical plants, and seasonal flowers that provide year- round interest. M a x p o i n t s A c t u a l S c o r e Municipal Leadership and plan of action for floral displays 20 16 Concept and design, variety of plantings, overall effect 20 17 Maintenance and quality of displays 20 18.5 Design for all seasons 15 12.5 Business Concept and design, overall effect 15 13 Maintenance and quality of displays 15 13 Residential Concept and design, overall effect 15 13 Maintenance and quality of displays 15 13.5 Community Involvement Volunteer involvement in design, planting, and maintenance of floral displays 20 19 Financial and in-kind contributions to floral displays 20 19 Total (the fields automatically calculate – do not type in them) 175.00 154.50 Comments and suggestions: Saratoga is not shy about floral displays. Medians bloom abundantly with a wide range of drought-tolerant flowering perennials. We saw roses, jasmine, lantana, society garlic, and more. Our thanks to Betty Peck for allowing us to see her garden. We have never seen anything quite like it. Landscapes around municipal buildings feature seasonally flowering shrubs. We were impressed by the flower borders at Kevin Moran Park. Thousands of daffodils have been planted there and will naturalize. Likewise, schools and the museum property displayed attractive flowers. At the 190 5 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 museum, we were particularly impressed by the plants that had been specifically bred for the area by the non- profit Saratoga Horticultural Research Foundation, which unfortunately is no longer in operation. It is wonderful that the museum still has some of these plants. If they aren’t patented, perhaps they can be propagated and used in other areas of the town. Businesses in the historic downtown village certainly do their share of floral displays with window boxes, container gardens, and planter beds. Even alleys feature bright flowers. We were pleased to see several stores include an acknowledgement to the Village Gardeners in their windows. Kudos to the Village Gardeners, a group of enthusiastic and talented volunteers who have planted tree wells and provided container plantings for downtown. They also provide maintenance, watering, and sidewalk sweeping. Consider making a much more aggressive appeal to your merchants for support. They are the primary beneficiaries of this group’s hard work and should, at a minimum, offer hoses for watering and funding for plants. In the containers and tree wells, be sure to use plants that have similar light and water needs. Be conservative about adding container plantings in or near the tree wells – less can be more. Consider adopting a city flower that could become a signature feature in some of the planters. Private residences are uniformly well-landscaped and many homes have lovely floral displays in their front yards to be enjoyed by neighbors and passersby. If it isn’t already being done, consider having the Village Gardeners offer a garden tour as a fundraiser for their extensive work. This year, you could feature drought-tolerant gardens. You could even offer a “Tour de Fleurs” a garden tour in which participants travel to gardens on bicycles. Because of the drought, you may want to re-evaluate the use of hanging baskets to save water. If you decide to continue using them, you may want to work with a nursery or grower to grow them out to a full size before hanging them, to get a more impressive display. 191 6 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 Comments and suggestions: Saratoga enjoys uniformly attractive landscapes. Municipal buildings set the tone, with quality landscapes at city hall, schools, and the museum. The city-owned Hakone Japanese garden is a real treasure – being more than 100 years old and on the National Register. Public parks are well-landscaped and immaculately maintained. We were impressed to see a variety of mowing styles based on use at Wildwood Park. Sports fields are managed well and the appropriate types of turf are used depending on the intensity of play on the field. 2. Landscaped Areas Overall design and suitability of landscape, turf, and ground covers. Use of native plants. Overall design and suitability for location/use. Good use of design principles (i.e., balance of plant material and constructed elements, harmony, color, texture, shape, etc.). Sustainability. Integration of hardscapes, lighting, site features. Maintenance (weeds, mulching practices, edging). Site rejuvenation and rehabilitation. Efforts in strategic planning. Community gardens, children’s gardens, healing gardens, Audubon and other specialty public gardens and zoos. M a x p o i n t s A c t u a l S c o r e Municipal Overall design and planting of landscape, turf and groundcovers 15 14 Environmental management of sports fields and turf 15 14 Quality of landscape maintenance 15 14 Sustainable management, naturalization and eco-design 15 13.5 Business Overall design and planting of landscape 15 13 Management of turf and groundcovers 10 8.5 Quality of landscape maintenance 15 14 Residential Overall design and planting of landscape 15 14.5 Management of turf and groundcovers 15 14.5 Quality of landscape maintenance 15 14.5 Community Involvement Volunteer involvement, i.e. garden clubs, neighborhood groups, Master Gardeners and University extension, in funding, planting, and maintenance of landscaped areas 15 14 Participation in future planning (committees, councils, and advisory boards.) 15 14 Total (the fields automatically calculate – do not type in them) 175.00 162.50 192 7 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 The city’s commitment to annex an old quarry and turn it into a natural park is commendable. Preserving open space and protecting it from development is a gift to your current and future residents. Thirty-nine neighborhoods have voted to self-tax in order to pay for additional landscaping improvements in their neighborhoods. This is something rarely seen in towns of a similar size and is a testament to the city’s willingness to work with its residents on a variety of projects. Because of the ongoing drought, some residents have started removing lawns. The city has removed three acres of turf in parks. The San Jose water district has excellent lists of drought-tolerant plants on its website that is a comprehensive resource for water-wise landscaping. We were impressed by the xeriscape landscapes at the entry to West Valley College and at portions of Montalvo. Commendations to the Foothill Club on its new garden that blends seamlessly with the historic clubhouse and grounds. We felt fortunate to have a guided tour and can imagine that the information provided us could be turned into a very informative and useful brochure to enhance people’s enjoyment and appreciation of the garden. At the elementary school, we observed a small children’s garden. For additional ideas on school gardens, check grannysgardenschool.org which shows how having a garden can transform a school campus as well as the curriculum. You may want to start honoring residential and commercial landscapes that have been redesigned for low water use with a “yard of the week” or “yard of the month” program. Such a program could publicize the fact that a low water use landscapes can be attractive. With the mandate to reduce water use by 25% (or more), it may be necessary to reduce watering in medians. They may need to be redesigned using gravel and rocks with spots of attractive low-water use plants. Sometimes a specific site crosses several of our evaluation criteria, and this is certainly the case for the historic community orchard that surrounds the library. It is a designated historic site that reflects the area’s agricultural heritage. The orchard is a real treasure and is the site for the annual blossom festival. This site could logically be discussed under heritage, landscape, or even urban forestry. Community orchards are popular in Canada and increasingly, in the US. At these locations, residents are permitted to harvest fruit for personal use. Our concern is that although Saratoga’s orchard is called a “community orchard” (it belongs to the city), residents only have the benefit of looking at it from a path through it and are not permitted to enjoy the fruit. The city pays for water and pays a contract farmer to manage the orchard. Perhaps in future years, part or all of the orchard could be managed by creating a partnership with any of the fine agricultural programs in the area, such as UC Santa Cruz, Foothills College, or West Valley College. This would give students hands-on experience. You could have one harvest day when you residents are permitted into the orchard to enjoy the fruit. This would be a way for students to learn about agri-tourism as well. 193 8 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 3. Urban Forestry Distribution, variety and suitability of trees; new plantings; urban tree program; qualified personnel or access to trained individual(s); inventory or database; frequency of tree surveys; care and maintenance programs; preservation of heritage trees and woodlots and green buffer zones; scheduled succession plantings. Efforts in management, planning, maintenance, improvement, and innovation. Written policies, bylaws and regulations, long- and short-term plans. M a x p o i n t s A c t u a l S c o r e Municipal Overall plan of action, tree planting programs, variety of species, inventory 20 17 Tree maintenance 15 13.5 Preservation and restoration of natural areas 15 14 Tree protection/planting regulations and by-laws 15 14 Business Overall planting program 20 18 Tree maintenance 15 13.5 Residential Overall planting program 20 18.5 Tree maintenance 15 14 Community Involvement Volunteer involvement in funding, planting, and maintenance of trees (i.e. Tree City USA) 20 17 Volunteer involvement of youth in tree programs (i.e., Arbor Day, etc.) 20 15 Total (the fields automatically calculate – do not type in them) 175.00 154.50 Comments and suggestions: Saratoga has a beautiful tree canopy that is amplified by the fact that the city has a building code that requires buildings to be no taller than two stories. Using ArcView GIS mapping software, the city has inventoried approximately 4,200 City owned and maintained trees, using student interns from West Valley College and a local tree contractor that specializes in tree inventories for cities throughout California. In 2010 the City challenged themselves to reach a goal of planting 2,015 trees by 2015. The goal included trees planted by the city and private residents. The goal was reached by Arbor Day in 2013, but reaching the goal did not stop the city from continuing to plant trees and currently 4,100 trees have been planted since 2010. The desire to plant trees will continue which will assure an attractive tree canopy for generations. Tree canopy coverage is approximately 40%, excellent for a city of any size, and especially impressive in such a dry climate. Arbor Day is celebrated with the assistance of the Saratoga Youth Commission, composed of eleven middle and high school students who are appointed by Saratoga City Council. There is a poster contest in the schools and the posters are displayed in store windows in the Village. 194 9 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 It is so sad that Saratoga’s ancient iconic pine tree in Blaney Plaza is dying. Arborists have evaluated it to discover that it has a beetle infestation and other diseases that preclude recovery. The tree is slated for removal. Talk to local woodworkers to see if there is any interest in salvaging some of the wood to make bowls or other items. Because of the current drought, some trees are struggling and others are dying. Remove dead/declining trees as soon as possible so they will be less likely to spread insects and remain a fire risk. The city has decided to not charge for a permit to remove dead trees, although a permit is still required, even for removal on private property. The city provides a free chipping service for removed trees. The city arborist is quite active in approving removal and pruning of trees, filing penalties for non-compliance with the city tree ordinance, and approving the city business license for tree trimming companies. An inspection schedule is followed for city trees and the Water Efficient Landscaping Regulation is used in plantings. The city has been a Tree City USA city since 2007. This program is good to be involved with as it offers opportunities for communities to challenge themselves to improve their urban forest with “growth award”. Saratoga is encouraged to seek a growth award in 2016. The Heritage Preservation Commission maintains a list of Heritage Trees. There are currently 50 trees on the list. The city offers residents and groups such as graduating high school classes an opportunity to purchase a tree to celebrate their an important event. The city website has extensive information on the Saratoga urban forestry program including forms, links, and handouts of watering trees, etc. The Heritage Orchard is a State of California designated Landmark. While the Orchard is an important part of the history of the city, the cost to maintain the orchard seemed quite high and efforts should be made to reduce the overall expense. The city maintains a list of “protected trees” on their easy to navigate urban forestry section of the city website. The Heritage Tree Society maintains a website with tree news and a contest where judges pick the loveliest trees in the city. The Society also sponsors educational lectures by leading arborists. 195 10 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 Village trees represented a wide variety of species. The pear trees did not look healthy and plans should be made now to remove them and replace with a hardier species. Residents could use help in selecting new trees. Develop a list of recommended trees for your area and include it on the city website. 196 11 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 Comments and suggestions: Saratoga is justifiably proud of its 75% recycling rate. Yard waste is collected separately. The “Blue bin” accepts comingled recyclables including small electronics. The trash can is the smallest of the three and visually attests to residents’ commitment to recycling. Garbage trucks are powered by CNG. Well done! Recycling in Saratoga means more than sorting discards. Buildings have been repurposed for more than 100 years. The “Book Go Round” used book store is staffed by volunteers and raises funds for the library. The Echo (great name!) resale shop is also run by church volunteers and profits from the sale of used clothing and household items go directly back to the community. Commendations to West Valley College for the extensive solar array that covers its parking lot. Many residents also have solar power. The recent introduction of storage batteries will make solar even more attractive because excess power no longer needs to be diverted back to the grid at no cost. Perhaps the college could get a grant to purchase several batteries. 4. Environmental Efforts Sustainability practices. Recycling (paper, glass, metal, plastic, electronics, clothing, etc.), policies and by-laws, sustainable development strategies, waste reduction, hazardous waste minimization and collection (oil, paint, chemicals, used batteries, etc.), water quality and conservation, energy conservation, environmental cleanup activities, reducing carbon footprint, environmentally friendly transportation, LEED certification, air, noise and light pollution, rain gardens and rain barrels, composting, energy efficiency, youth programs, etc. Events such as Earth Day, Recycling Days, Bike to Work Days, etc. M a x P o i n t s A c t u a l S c o r e Municipal Leadership in environmental initiatives 25 23 Effective communication of environmental strategies and initiatives 25 21 New programs, improvement and innovation 25 23 Business Participation in environmental efforts 20 17 New programs, improvement and innovation 10 7 Residential Participation in environmental efforts 20 15 New programs, improvement and innovation 10 6 Community Involvement Volunteer involvement in environmental efforts 20 18 Youth participation in environmental activities 20 17 Total (the fields automatically calculate – do not type in them) 175.00 147.00 197 12 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 In keeping with its small town aesthetic, many of the streets in Saratoga do not have sidewalks and residents prefer it that way. When new sidewalks are constructed or old sidewalks are replaced, be sure to use permeable paving. This should also be used for driveways and parking lots. While rainfall averages 16” per year, it is still important to manage the stormwater and permeable paving will help with that effort. Saratoga is proud of having a multitude of beautiful venues for hosting many public events and festivals which are well-supported by the city council and Chamber of Commerce. To save time and reduce waste, you may want to look into the possibility of having “zero waste” events. Check this link to see how the town of Incline Village, NV does this. https://www.yourtahoeplace.com/public-works/waste-not/waste-not-programs/zero- waste-events. To encourage people to think about continuously reducing their carbon footprint, consider asking the local newspaper to feature weekly articles on the environment. The city gets its water from the San Jose Water District. You might work with the district to create a program in the schools that elicits new and creative ways to save water and share the results on the city website and on social media. You may even want to adopt the idea of a “Water School” used by Santa Cruz for those who use too much water. http://www.mercurynews.com/scott-herhold/ci_26329930/water-school-santa-cruz-it-beats- traffic-school. One important way to save water is to mulch landscaped areas with 3” of mulch. This will slow evaporation and eventually build the soil. If organic mulch is not available in sufficient quantity, even gravel is a good mulch. We were surprised that The Inn did not have any signs about reusing towels, taking short showers, etc. Visitors from out of state may not know about the drought and mandated water reduction requirements and this should be communicated. There are many things that hotels can do to help the environment. Check greenhotels.com. We were unable to determine whether there are dropoff locations for expired medications. You may want to work with local police and pharmacies to develop a dropoff program and educate residents on the correct disposal procedures for pharmaceuticals. 198 13 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 Comments and suggestions: The city and residents combine to provide excellent heritage preservation. Beginning with the council appointed Heritage Preservation Commission, heritage is a vital part of this community even though it is a fairly young city in the history of the country. The city owned and maintained History Park contains a museum with rotating exhibits, a permanent exhibit, and nine books for sale that have been written about Saratoga. The Museum is open three days per week. The McWilliams House, a one room schoolhouse, and the museum are all placed close to each other in a central location in town. The History Foundation is an active volunteer which oversees the Historical Museum and the many volunteer docents – 20 in the main museum and 20 that tour children through the school house and lead other activities. Over 1,000 children visit the school house. Volunteers also maintain the beautiful 5. Heritage Preservation Historical, natural, agricultural, and cultural heritage. Preservation and restoration of buildings, homes, churches, cemeteries; heritage sites and/or monuments; heritage parks, historical gardens; artifacts; historical society; heritage advisory committee, museums, archives, history books, and interpretative programs; ordinances and policies. Resource availability. Farmers markets, festivals and parades. M a x P o i n t s A c t u a l S c o r e Municipal Leadership in preservation and restoration initiatives 25 23 Legal protection of heritage sites 25 23 Resource availability for preservation and restoration 25 22 Business Conservation, restoration, and rehabilitation of properties 15 13 Participation in and support of heritage/cultural activities 15 12.5 Residential Conservation, restoration, and rehabilitation of properties 15 14 Participation in and support of heritage/cultural activities 15 13.5 Community Involvement Volunteer involvement in cultural, historical, and natural heritage activities 20 18 Youth involvement in heritage activities 20 16 Total (the fields automatically calculate – do not type in them) 175.00 155.00 199 14 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 gardens at the museum complex. The Saratoga History Foundation provides walking tours of historic sites, as well as garden and bicycle tours. The city has guidelines for design and color of historic structures. Attractive informational historic signage can be seen on many buildings. (below). The Saratoga Foothill Club was established as a Woman’s Club in the early 20th century. Saratoga is a multi-ethnic community and city organizations do a good job of incorporating traditions and customs into cultural program. The museum recently had an exhibit on the important Chinese contribution to the development of the area. The Chamber of Commerce, the Village Development Council, and the city support the many festivals that occur in the Village. The Village has almost one major event each month, including the Blossom Festival, July 4th Celebration, and Heritage Days. Over 100 properties are listed on the heritage inventory. Another concept related to heritage buildings is to develop a designation called “Century Buildings” with a plaque for any building that has existed on the site for 100 years or more. The high school band participates in the annual Memorial Day parade which goes from Madronia Cemetery to the Village. The city purchased the Hakone Gardens (Japanese gardens) and is planning to develop the Quarry Park to preserve open space and celebrate the early mining history of the area. The beautiful and colorful Saratoga Historical Garden is also located near the Historical Museum. Volunteers plant and maintain the garden. Each week the Saratoga News publishes a photo with a caption from a local historian. High School students can use technology to connect with their local history. Consider using the website: www.historypin.org to research historic photos and postcards and match those with photos of the same locations as they appear today. Users can download a tour of the featured sites on the historypin website. This program combines the student’s interest in technology with historic photos to make history come alive. Heritage tourism is growing in popularity throughout the country. The Historical Society could check into 200 15 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 developing a regional “heritage loop” for visitors to the valley. The California State Historic Preservation Office would be a place to start. Many communities have information on heritage on their city website home page. Consider adding something on heritage on the home page or directing visitors to heritage information quickly and easily. The website www.gosaratogaca.com did not have any information on heritage for visitors. That would be a helpful addition to the website to encourage tourists to stop and enjoy the sights. This website could also include under “music and arts” or “recreation” the Historic Walking, Garden, and Bicycle Tours. 201 16 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 6. Overall Impression Lack of litter and graffiti. Maintenance of public open spaces, medians and boulevard strips, streets, sidewalks, walking and biking trails, curbs, ditches, road shoulders, unattended and vacant lots, buildings, garbage receptacles; lack of weeds, dog waste policies and receptacles, notices/posters appropriately displayed, vandalism not evident. Maintenance of the hardscape: walls, lamp posts, benches, playgrounds, etc. Appropriate use and placement of sculpture, wayfinding signs, graphic elements such as banners, signs and murals. M a x p o i n t s A c t u a l S c o r e Municipal Overall cleanliness 10 9.5 Maintenance of public roads and shoulders 10 9.5 Condition of public buildings and properties 10 9.5 Impact of graphic elements - banners, wayfinding signs, murals, etc. 10 9.5 Business Overall cleanliness 20 19 Condition of buildings and properties 20 19 Residential Overall cleanliness 10 9.5 Condition of buildings and properties 10 9.5 Community Involvement Participation in clean-up efforts, adopt-a-spot, annual cleanup days, etc. 15 13 Recognition of volunteer efforts 10 8 Total (the fields automatically calculate – do not type in them) 125.00 116.00 Comments and suggestions: The entire city is clean and tidy. Residents take great pride in their properties and the city sets a fine example with clean streets and well maintained roads and curbs. Saratoga is a bedroom community with no industrial section and well-designed commercial areas. Buildings are no taller than two stories and the Village area is replete with small, locally owned shops and businesses. The Village Gardeners, a volunteer group, take care of the tree plantings in the commercial district. They maintain over 100 pots along with 75 tree wells. Each gardener is allowed to create their own designs and maintain their plantings. The use of mulch would help “finish” the planting areas and help with moisture evaporation. The only issue with using more mulch is the need to gently sweep it back into the tree well. 202 17 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 Mulch is needed to provide a finished look. Volunteer recognition is vital to keep volunteers engaged. The 50 Village Gardener volunteers should be praised for their efforts whenever and wherever possible. Consider calibrating the savings to the city from their efforts. It is possible to develop reasonable numbers of taxpayer savings as well as the beauty and pride they bring to the Village district. Businesses take pride in their storefronts while the Village Gardeners give a Golden Broom Award to those owners who take extra pride in their shops. Some business owners maintain planters in front of their shops. The city provides up to $5,000 for facade matching grants for businesses. Medians are well maintained and drought hardy with native plants used to conserve water. Various groups sponsor clean up days throughout the year. Local artists painted one of the few available the store windows in the Village commercial area. (photo below) Even the resident dogs enjoy the city as dog bowls and treats are placed throughout town. There is also a dog drinking fountain! Not only is Saratoga a very clean place to call home, it is also one of the safest cities in California. Community involvement is strong with five active commissions appointed by City Council. The Village area had attractive benches and waste receptacles. Occasionally, a trash can was placed in the wrong location as in the photo below. It was right next to the welcome sign. 203 18 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 Attractive shopping districts like the Village can encourage customers to linger by looking for opportunities to place additional benches in the main district. Parks in Saratoga were attractive even with the current drought conditions. As the drought continues, additional ways of conserving water and keeping plants alive should be considered. Using more mulch in the parks would help keep the soil cooler and reduce evaporation. 204 19 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 Checklist for Judges and Participants: Yes No N/A X Were the judges given a community profile, itinerary, and map prior to their arrival? X Did the itinerary provide for seeing a representative cross-section of the participant? X Were the guides knowledgeable about the participant and horticultural aspects? X Were the judges able to modify the schedule if needed? X Did the judges meet with the media? X Did the judges meet with municipal leaders? X Were the judges asked to give presentations? X Were the judges able to meet with and talk to volunteers? x Was enough time allotted to complete the evaluation form in a quiet place? Comments: DEFINITIONS Municipal: City hall and other municipal properties, parks and open spaces, roads, roadsides, sidewalks, cemeteries, schools and sports facilities, empty lots and brownfields, libraries, hospitals, assisted living, churches, universities, and colleges Business: Commercial and industrial sectors, shopping centers, stores, office buildings, restaurants, mixed use developments, service stations, railway and bus stations, plant nurseries/garden centers Residential: Single family residences, condominiums, town houses, planned communities, apartment buildings, gated communities, manufactured home communities, trailer parks, residential developments, neighborhoods, graduated care facilities Community Involvement: Volunteer efforts by individuals, clubs, youth groups, church groups, civic organizations, and social clubs for community enhancement 205 20 Saratoga, CA 2015 All rights reserved. © America in Bloom 2015 2015 Special Mentions Participant: Saratoga, CA Recognized Criterion: Overall impression Saratoga is a very clean and tidy community on the edge of Silicon Valley in California. Streets, sidewalks, parks, signage, and buildings were all in good condition. The municipality, residents, and businesses take great pride in maintaining all properties to a high standard. The downtown village shops are small and locally owned. The Village Gardeners present the “Golden Broom” award to a business owner who takes noticeable pride in their establishment. Clean up days are scheduled but it is difficult to see what is needed as the town sparkles. Special Project or Initiative: Transformation of an old quarry into a nature park The plans to transform the old quarry area into a new park for Saratoga is moving along in stages. The concept is exciting and hopefully will keep moving toward the eventual goal. America in Bloom … Planting Pride in Our Communities 2130 Stella Court, Columbus, OH 43215 ● (614) (614) 453-0744 ● Fax (614) 487-1216 www.americainbloom.org ● aib@americainbloom.org 206