HomeMy WebLinkAbout11-02-2016 City Council Agenda PacketSaratoga City Council Agenda – Page 1 of 5
SARATOGA CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2016
5:30 P.M. CLOSED SESSION
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
CONFERENCE WITH LABOR NEGOTIATORS (Gov’t Code 54957.6)
Agency Designated Representatives: City Manager James Lindsay, City Attorney Richard
Taylor, Human Resources Manager Monica LaBossiere
Employee Organizations: Northern California Carpenters Regional Council, Carpenters
Forty Six Northern California Counties Conference Board and their Affiliated Local Unions
(Union); Saratoga Employee Association.
6:00 P.M. JOINT MEETING
Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070
Joint Meeting with West Valley-Mission Community College District
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 property posted on October 28, 2016.
REPORT FROM CLOSED SESSION
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 Agenda – Page 2 of 5
CEREMONIAL ITEMS
America in Bloom Award Presentation
Recommended Action:
Accept the America in Bloom Urban Forestry Outstanding Achievement Award.
1. CONSENT CALENDAR
The Consent Calendar contains items of routine 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 are limited to three (3) minutes.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on October 19,
2016.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
10/18/2016 Period 4; and 10/25/2016 Period 4.
1.3. Treasurer’s Report for the Month Ended August 31, 2016
Recommended Action:
Review and accept the Treasurer’s Report for the month ended August 31, 2016.
1.4. Resolution Urging Residents to Conserve Water
Recommended Action:
Adopt a resolution urging residents to reduce water use by 20 percent.
1.5. Bainter Avenue Retaining Wall Construction Contract Award
Recommended Action:
1. Move to declare Engineered Soil Repairs, Inc. of Walnut Creek to be the lowest
responsible bidder on the project and award the Construction Contract to this company in
the amount of $72,936.95.
2. Move to authorize staff to execute change orders to the construction contract up to
$7,200.00.
Saratoga City Council Agenda – Page 3 of 5
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. 2016 California Uniform Codes with Local Modifications
Recommended Action:
(1) Conduct a public hearing;
(2) Introduce and waive the first reading of the attached ordinance adopting and modifying
the referenced codes; and
(3) Direct staff to place the ordinance and the attached resolution making findings regarding
proposed modifications to the referenced codes on the consent calendar for adoption on
November 16, 2016.
2.2. Ordinance Enabling Bingo Events
Recommended Action:
Conduct public hearing; introduce and waive the first reading of the ordinance amending the
City Code to authorize the conduct of bingo games in Saratoga; and direct staff to place the
ordinance on the Consent Calendar for adoption at the next regular City Council Meeting.
2.3. Proposed Urgency Interim Ordinance Imposing a Temporary Moratorium on the
Outdoor Cultivation of Marijuana
Recommended Action:
After holding a public hearing and considering public testimony, staff recommends that the
City Council adopt an urgency interim ordinance prohibiting the outdoor cultivation of
marijuana in the City of Saratoga for 45 days and directing preparation of a report
addressing the public health, safety, and welfare issues identified in the ordinance.
3. OLD BUSINESS
None
4. NEW BUSINESS
4.1. Arrowhead Community Facilities District
Recommended Action:
Accept the petition from the Arrowhead neighborhood calling for formation of a
Community Facilities District (CFD); approve the resolution of intent to establish a CFD for
the Arrowhead neighborhood; and approve the resolution to incur bonded indebtedness for
the proposed CFD.
Saratoga City Council Agenda – Page 4 of 5
4.2. City Council Meeting Schedule
Recommended Action:
Provide direction to staff regarding the City Council’s 2017 meeting schedule, including
cancellation of the January 4, 2017 City Council Meeting.
CITY COUNCIL ASSIGNMENTS
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
Public Art Ad Hoc
Saratoga Chamber of Commerce & Destination Saratoga
Santa Clara County Library Joint Powers Authority
Santa Clara County Expressway Plan 2040 Policy Advisory Board
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
FAA Select Committee on South Bay Arrivals
Hakone Foundation Board
Public Art Ad Hoc
Saratoga Historical Foundation
Saratoga Sister City Organization
West Valley Solid Waste Management Joint Powers Authority
Council Member Howard Miller
Council Finance Committee
Silicon Valley Clean Energy Authority Board of Directors
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 Agenda – Page 5 of 5
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 October 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 October 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]
11/02 Regular Meeting – 5:30 p.m. Closed session 6:00 p.m. Joint Meeting with West Valley – Mission
Community College Board of Trustees
11/16 Regular Meeting – 5:00 p.m. Commission Interviews, 6:00 p.m. Joint Meeting with Senator Beall
Jr.
12/07 Regular Meeting – Joint Meeting with Representative Low
12/15 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 CALENDAR 2016
City of Saratoga
CITY COUNCIL JOINT MEETING
Meeting Discussion Topics
Joint Meeting with West Valley-Mission Community College District
November 2, 2016 | 6:00 p.m.
Saratoga City Hall | Administrative Conference Room
6:00 p.m. Welcome & Introductions
6:15 p.m.Partnership Opportunities
Discussion of future partnership opportunities
and status update of efforts to strengthen the
City and West Valley College partnership through
the Saratoga and West Valley College Libraries.
6:30 p.m. West Valley-Mission Community College District
News & Upcoming Activities
6:45 p.m.Other Remarks & Wrap Up
Dinner will be provided at the Joint Meeting.
The Regular Session of the City Council begins at 7:00 p.m. in the Civic
Theater. Joint Meeting attendees are invited to attend the Regular Session
and share an overview of the Joint Meeting.
6
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Debbie Bretschneider, Deputy City Clerk
SUBJECT:America in Bloom Award Presentation
RECOMMENDED ACTION:
Accept the America in Bloom Urban Forestry Outstanding Achievement Award.
BACKGROUND:
The Saratoga America in Bloom Committee applied for awards with the National America in
Bloom organization. The awards ceremony was on October 8, 2016 and the City of Saratoga
won the Urban Forestry Outstanding Achievement Award.
7
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 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 Regular City Council Meeting on October 19, 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 Regular City Council Meeting on October 19, 2016
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Saratoga City Council Minutes – Page 1 of 8
MINUTES
WEDNESDAY, OCTOBER 19, 2016
SARATOGA CITY COUNCIL REGULAR MEETING
At 5:00 p.m., the City Council held a Joint Meeting with the Saratoga Historical Foundation in the
Joan Pisani Community Center, Patio Room. The Foundation shared information about recent
accomplishments, current projects, and plans for the future.
At 5:30 p.m., the City Council held a Joint Meeting with Saratoga Neighborhood Watch Groups
in the Senior Center, Saunders Room. Representatives from the Sheriff’s Office provided an
overview of Neighborhood Watch, residents Brian Berg and Rebecca Jepsen sharedsuccess stories
from their neighborhoods, and then the Sheriff’s Office provided property crime prevention tips.
At 7:06 p.m., Mayor Manny Cappello called the Regular Session to order in the Civic Theater at
13777 Fruitvale Avenue 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/Asst. to City Manager
John Cherbone, Public Works Director
Erwin Ordoñez, Community Development Director
Michael Taylor, Recreation & Facilities Director
Sung Kwon, Senior Planner
Debbie Bretschneider, Deputy City Clerk
REPORT OF CITY CLERK ON POSTING OF AGENDA
Crystal Bothelio, City Clerk/Asst. to the City Manager, reported that the agenda for this meeting
was properly posted on October 14, 2016.
REPORT FROM JOINT MEETING
Annette Stransky, Saratoga Historical Foundation President, provided an overview of the City
Council’s Joint Meeting with the Historical Foundation.
Mayor Cappello summarized the Council’s Neighborhood Watch Joint Meeting.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
A group of students spoke in favor of efforts to protect honey bees and local hives through bee
conservation screens.
Laurel Perusa announced the Village Scarecrow project and thanked Leslie Butlar of the Barn Owl
for her coordination.
9
Saratoga City Council Minutes – Page 2 of 8
Mary Ann Serpa spoke in opposition of the Tree Lighting date change.
Tina Hubbard thanked Council Member Kumar for his efforts related to Neighborhood Watch.
An unidentified speaker also thanked Council Member Kumar for his efforts related to
Neighborhood Watch.
Isha and Rohan Mehrotra spoke about their efforts to work with Council Member Kumar to support
the development of Neighborhood Watch groups.
Larry Roben spoke about his Neighborhood Watch group and support provided by Isha and Rohan
Mehrotra, as well as Council Member Kumar, in the development of the group.
Sue Mallory spoke in opposition of the change of date for the Tree Lighting Ceremony.
Jack Mallory read a statement on behalf of Jill Hunter in opposition of the change of date for the
Tree Lighting Ceremony.
ANNOUNCEMENTS
Council Member Kumar shared that the Tree Lighting will be held at 5:30 p.m. on Saturday,
November 26 instead of Friday, November 25. Witchy Walk-a-Bout will take place on October
29, 2016 from 2:00 p.m. to 4:00 p.m. in the Village. He also advised residents to stay alert during
festival season.
Council Member Miller announced the Turkey Trot on Thanksgiving Day morning.
Council Member Bernald provided information about Showcase India hosted by the Saratoga
Historical Foundation on October 23, the Foundation’s holiday exhibit, and the results of the
Foundation’s recent estate sales.
Mayor Cappello announced Pizza and Politics on October 20.
CEREMONIAL ITEMS
Commendation Declaring October 16-22, 2016 as Friends of Libraries Week
Recommended Action:
Present the commendation declaring October 16-22, 2016 as Friends of Libraries Week to
the Friends of the Saratoga Libraries.
Mayor Cappello and the City Council presented the proclamation to representatives of the
Friends.
Commendations Honoring Organizers of 60th Saratoga Hometown Parade
Recommended Action:
Present the Commendations to the organizers of the 60th Saratoga Hometown Parade.
Mayor Cappello and the City Council presented the commendation to the parade organizers.
The City Council then agreed to proceed to item 4.1. 10
Saratoga City Council Minutes – Page 3 of 8
1.CONSENT CALENDAR
1.1. City Council Meeting Minutes
Recommended Action:
Approve the City Council minutes for the Regular City Council Meeting on October 5,
2016.
MILLER/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR
THE REGULAR CITY COUNCIL MEETING ON OCTOBER 5, 2016. 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:
10/04/2016 Period 4; and 10/11/2016 Period 4.
MILLER/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/04/2016 PERIOD
4; AND 10/11/2016 PERIOD 4. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.3. Second Reading Of An Ordinance Amending The Saratoga City Code Regarding
Code Enforcement Related Regulations Contained In Articles 15-12 And 15-30 (Storage Of
Personal Property, Materials And Signs); Article 9-60 (Bicycles Licenses); And Chapter 3
(Provisions For Various Enforcement Procedures), And Adoption Of Resolution
Establishing Bail And Parking Fine Schedules
Recommended Action:
Waive the second reading and adopt the attached ordinance revising City Code Articles 15-
12 and 15-30 (Storage of Personal Property, Materials and Signs); Article 9-60 (Bicycles
Licenses); and Chapter 3 (Provisions for Various Enforcement Procedures), and adopt
resolution establishing Bail and Parking Fine Schedules
RESOLUTION NO. 16-058
ORDINANCE NO. 342
MILLER/BERNALD MOVED TO ADOPT THE ORDINANCE REVISING CITY
CODE ARTICLES 15-12 AND 15-30 (STORAGE OF PERSONAL PROPERTY,
MATERIALS AND SIGNS), ARTICLE 9-60 (BICYCLES LICENSES), AND
CHAPTER 3 (PROVISIONS FOR VARIOUS ENFORCEMENT PROCEDURES);
AND ADOPT RESOLUTION ESTABLISHING BAIL AND PARKING FINE
SCHEDULES. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER,
KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
1.4. Weed Abatement Program Agreement Amendment
Recommended Action:
Authorize the City Manager to execute the 7th amendment to the agreement with the
County of Santa Clara for the Weed Abatement Program.
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Saratoga City Council Minutes – Page 4 of 8
MILLER/BERNALD MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE THE 7TH AMENDMENT TO THE AGREEMENT WITH THE
COUNTY OF SANTA CLARA FOR THE WEED ABATEMENT PROGRAM.
MOTION PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES:
NONE. ABSTAIN: NONE. ABSENT: NONE.
2.PUBLIC HEARING
2.1. Locking Mailbox Ordinance
Recommended Action:
1. Conduct a public hearing.
2. Introduce and waive the first reading of the ordinance.
3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next
regular meeting of the City Council.
Sung Kwon, Senior Planner, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
MILLER/KUMAR MOVED TO INTRODUCE AND WAIVE THE FIRST READING
OF THE ORDINANCE; AND DIRECT STAFF TO PLACE THE ORDINANCE ON
THE CONSENT CALENDAR FOR ADOPTION AT THE NOVEMBER 16, 2016
MEETING OF THE CITY COUNCIL. MOTION PASSED. AYES: CAPPELLO, LO,
BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
3.OLD BUSINESS
None
4.NEW BUSINESS
4.1. San Jose Water Company Review Procedures and City Authority to Regulate
Recommended Action:
Accept report and provide direction to staff.
City Attorney Richard Taylor presented the staff report.
Mayor Cappello invited public comment on the item.
The following people requested to speak:
Bill Boller
Mary Robertson
Mary Jo Townzen
Lainey Richardson
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Saratoga City Council Minutes – Page 5 of 8
Milt Wherman
Cathy Gardner
Kathy Cleary
Sandy Fortin
Virginia Hoerger
Rita Benton
Richard Matterh
Dede Smullen
Lynn Weber
Raymond Azzi
Robert McDonald
Roshan
Unidentified speaker
Kharese
No one else requested to speak.
MILLER/BERNALD MOVED TO:1) REACH OUT TO REGIONAL PARTNERS,
INCLUDING THE WEST VALLEY MAYORS AND MANAGERS ASSOCIATION,
CITIES ASSOCIATION OF SANTA CLARA COUNTY, SANTA CLARA VALLEY
WATER DISTRICT WATER COMMISSION, AND STAFF IN OTHER CITIES IN
THE COUNTY TO DETERMINE WHERE THERE ARE COMMON CONCERNS;
2) REACH OUT TO STATE LEGISLATORS TO DISCUSS WATER ISSUES; 3)
ENGAGE THE SANTA CLARA VALLEY WATER DISTRICT THROUGH THE
BOARD MEMBER REPRESENTING SARATOGA AND OTHER BOARD
MEMBERS; 4) DIRECT STAFF TO DETERMINE IF CONSULTANT SERVICES
ARE AVAILABLE TO ANALYZE RATES AND SERVE AS AN ADVOCATE FOR
SARATOGA ON WATER RATES; 5) IF THERE IS REGIONAL CONCERN
RELATED TO WATER RATES, SEE IF OTHER AGENCIES ARE WILLING TO
PARTNER WITH THE CITY TO ENGAGE A RATE ANALYST OR LOOK INTO
OPPORTUNITIES TO MODIFY RATES OR THE WAY IN WHICH THE CPUC
REGULATES WATER, GAS, ELECTRICITY, AND OTHER UTILITIES; AND, 6)
ASK SAN JOSE WATER COMPANY TO PROVIDE GREATER CLARITY
REGARDING BILLING TO HELP RESIDENTS UNDERSTAND EACH LINE
ITEM ON THEIR BILLS THROUGH A FACT SHEET, MEETINGS WITH SMALL
GROUPS OF CITIZENS, OR OTHER MEANS. MOTION PASSED. AYES:
13
Saratoga City Council Minutes – Page 6 of 8
CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE.
ABSENT: NONE.
The City Council took a short break and then proceeded to the Consent Calendar.
4.2. Neighborhood Watch Annual Grant Program
Recommended Action:
Approve Neighborhood Watch Annual Grant and authorize allocation of $15,000 from the
City Council Discretionary Fund in the Fiscal Year 2016/17 Budget to the new grant
program.
Crystal Bothelio, City Clerk/Asst. to City Manager, presented the staff report.
Mayor Cappello invited public comment on the item.
No one requested to speak.
KUMAR/LO MOVED TO APPROVE NEIGHBORHOOD WATCH ANNUAL
GRANT WITH A MAXIMUM INDIVIDUAL GRANT AMOUNT OF $300 AND
AUTHORIZE ALLOCATION OF $15,000 FROM THE CITY COUNCIL
DISCRETIONARY FUND IN THE FISCAL YEAR 2016/17 BUDGET TO THE NEW
GRANT PROGRAM. MOTION PASSED. AYES: CAPPELLO, LO, BERNALD,
MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE.
4.3. Quarterly Communications Report
Recommended Action:
Provide direction on 2016 winter communication efforts, including the Saratogan, online
survey topics, and City Video program; and receive progress report on 2016 summer and
fall communications activities.
Crystal Bothelio, City Clerk/Asst. to City Manager, presented the staff report.
LO/BERNALD MOVED TO ACCEPT THE PROPOSED 2016 WINTER
COMMUNICATIONS PLAN AND DIRECTED STAFF TO INCLUDE A VIDEO ON
HERITAGE TREES IN VIDEO PROGRAM PRIORITIES. MOTION PASSED.
AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE. ABSTAIN:
NONE. ABSENT: NONE.
4.4. Authorize the City Manager to Engage Professional Services for Building Inspection
Services and adopt Budget Adjustment
Recommended Action:
Adopt a resolution authorizing the City Manager to enter into a professional services
agreement with 4LEAF, Inc. for professional building inspection services and authorize a
supplemental budget allocation of $100,000 in the FY2016/17 Community Development
Department budget for contract inspection services.
Erwin Ordoñez, Community Development Director, presented the staff report.
Mayor Cappello invited public comment on the item.
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Saratoga City Council Minutes – Page 7 of 8
No one requested to speak.
RESOLUTION NO. 16-059
KUMAR/BERNALD MOVED TO ADOPT A RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH 4LEAF, INC. FOR PROFESSIONAL BUILDING
INSPECTION SERVICES AND AUTHORIZE A SUPPLEMENTAL BUDGET
ALLOCATION OF $100,000 IN THE FY2016/17 COMMUNITY DEVELOPMENT
DEPARTMENT BUDGET FOR CONTRACT INSPECTION SERVICES. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
The City Council then proceeded to Announcements.
CITY COUNCIL ASSIGNMENT REPORTS
Mayor Manny Cappello
Cities Association of Santa Clara County – the officers for 2017 were announced. Mayor
Cappello was selected to serve as 2nd Vice President. The group also received a presentation
from the Santa Clara County Public Health Department, which is seeking input on the new
approach to evaluating the efforts of cities to promote healthy living.
West Valley Mayors and Managers – the group agreed to submit a joint letter regarding water
rates and will finalize the letter at the next meeting. Additionally, statements of interest in
serving on the VTA Board of Directors are due October 28.
Vice Mayor Emily Lo
Santa Clara County Library Joint Powers Authority – the Finance Committee for the Library
Joint Powers Authority met to discuss the funding formula, which will go before the Board on
October 27.
Council Member Mary-Lynne Bernald
Association of Bay Area Governments – there will be a special meeting on October 20.
FAA Select Committee on South Bay Arrivals – recent meetings have been going well and one of
the last meetings will take place on October 27 from 1:00 p.m. to 4:00 p.m. in Palo Alto.
Public Art Ad Hoc – the City and Montalvo Arts Center will be celebrating the installation of
PLACE at Saratoga Library on October 27 at 4:45 p.m.
West Valley Solid Waste Management Joint Powers Authority – due to complaints regarding
missed pickups and service, Council Member Bernald will be meeting with West Valley
Collection and Recycling on October 24.
Council Member Howard Miller
Council Finance Committee – the Committee is currently working on the debt management
policy.
Valley Transportation Authority (VTA) Policy Advisory Committee – VTA is currently
undergoing a strategic planning process and working on the organization’s mission and goals.
The VTA contact with the Sheriff’s Office was also discussed, staffing and therefore the budget
for law enforcement will increase due to the BART and VTA expansions. Funding through MTC
has been secured to fully fund the extension of lightrail to Eastridge and the next priority will be
the Vasona lightrail extensions. 15
Saratoga City Council Minutes – Page 8 of 8
Council Member Rishi Kumar
No report
CITY COUNCIL ITEMS
Council Member Miller said he spoke with Mayor Cappello about including discussion of event
scheduling during the Council’s study session on Council Norms in December.
Council Member Miller requested a dedicated Sheriff’s Office Neighborhood Watch email
account. Council Member Bernald concurred with the request.
Council Member Miller asked that the City distribute a press release to announce the number of
Neighborhood Watch groups that have been established, the adoption of an ordinance requiring
locking mailboxes for new developments, and the Neighborhood Watch Annual Grant in
November after the second reading of the locking mailbox ordinance. Council Member Bernald
supported the request.
CITY MANAGER'S REPORT
None
ADJOURNMENT
KUMAR/MILLER MOVED TO ADJOURN THE MEETING AT 11:47 P.M. MOTION
PASSED. AYES: CAPPELLO, LO, BERNALD, MILLER, KUMAR. NOES: NONE.
ABSTAIN: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Crystal Bothelio, City Clerk/Asst. to City Manager
City of Saratoga
16
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:
10/18/2016 Period 4
10/25/2016 Period 4
BACKGROUND:
The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately
as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report.
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
10/18/16 131856 131921 66 986,840.48 10/19/16 10/11/16 131855
10/25/16 131922 131970 49 130,754.01 10/25/16 10/18/16 131921
Accounts Payable checks issued for $20,000 or greater:
Date Check # Issued to Dept.Amount
10/18/16 131870 PW 30,100.00
10/18/16 131873 PW 331,687.48
10/18/16 131893 PS 431,347.75
10/18/16 131906 CDD 23,000.78
10/18/16 131908 Various 29,004.30
10/18/16 131919 PW 21,313.25
10/25/16 131933 PS 32,429.46
Accounts Payable checks voided during this time period:
AP Date Check #Amount
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
CIP Street Projects
General
General
Plan Checks
SCC Office of the Sheriff
City of San Jose
Fund Purpose
Animal Services
Attorney Services
General
General
Various Landscape Services
Law Enforcement
2016 Pavement ProjCIP Street Projects
Seagull Sidewalk Rpr
Shums Coda Associates
Shute Mihaly & Weinberger
Vista Landscape & Maint
Dino Turchet Construction
G. Bortolotto & Company
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:Finance & Administrative Services
PREPARED BY:
Ending
Check #Type of Checks Date Starting Check #
Accounts Payable
Accounts Payable
Issued to
N/A
Reason Status
Prior Check Register
Checks
Released
Total
Checks Amount
17
18
19
20
21
22
23
24
25
26
27
28
29
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2016
DEPARTMENT: Finance & Administrative Services
PREPARED BY: Ann Xu, Accountant
SUBJECT: Treasurer’s Report for the Month Ended August 31, 2016
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended August 31, 2016.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submit to the City Clerk and the
legislative body a written report and accounting of all receipts, disbursements, and fund balances. The
Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the
City Treasurer. This report is prepared to fulfill this requirement.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of August 31, 2016, the City had $561,460 in cash deposit at Comerica bank, and $18,123,592 on deposit
with LAIF. Council Policy on Working Capital Reserve Funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of August 31, 2016 is $18,685,052 and
exceeds the minimum limit required.
City’s Current Financial Position
In accordance with California government code section 53646 (b) (3), the City is financially well positioned
and able to meet its expenditure requirements for the next six months. As of August 31, 2016, the City’s
financial position (Assets $19.6M, Liabilities $2.6M and Fund Equity $17M) remains very strong and there
are no issues in meeting financial obligations now or in the foreseeable future.
Unrestricted Cash
Comerica Bank 561,460$
Deposit with LAIF 18,123,592$
Total Unrestricted Cash 18,685,052$
Cash Summary
30
The following Fund Balance schedule represents actual funding available for all funds at the end of the
monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are
components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted
by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance –
which represents the actual amount of funds available.
Fund Balance Designations
In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance
Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as
follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point
of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions;
“committed fund balance”, resources whose use is constrained by limitations the government imposes upon
itself through formal action at its highest level of decision making and remains binding unless removed in
the same manner; “assigned fund balance”, resources that reflects a government’s intended use of
resources, such intent would have to be established at either the highest level of decision making, by a body,
or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what
can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves
fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance.
ATTACHMENTS
A – Change in Total Fund Balances by Fund under GASB 54
B – Change in Total Fund Balances by CIP Project
C – Change in Cash Balance by Month
D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
+
Total Unrestricted Cash 18,685,052$
Plus: Assets 899,789
Less: Liabilities (2,606,174)
Ending Fund Balance 16,978,667$
Adjusting Cash to Ending Fund Balance
31
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE UNDER GASB 54
Fund Descri ption
Fund
Balance
7/1/16
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
8/31/16
General Fund
Restricted Fund Balances:
Environmental Services Reserve 313,182 - - - - - 313,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 1,472,408 - - - - - 1,472,408
Facility Reserve 1,200,000 - - - - - 1,200,000
Carryforwards Reserve - - - - - - -
Unassigned Fund Balances: -
Working Capital Reserve 1,000,000 - - - - - 1,000,000
Fiscal Stabilization Reserve 2,250,000 - - - - - 2,250,000
Development Services Reserve 719,562 - - - - - 719,562
Compensated Absences Reserve 209,937 - - - - - 209,937
Other Unassigned Fund Balance Reserve (Pre YE distributio n 2,475,531 (1,237,988) 708,858 1,855,448 - - 90,952
General Fund Total 10,640,620 (1,237,988) 708,858 1,855,448 - - 8,256,041
Special Revenue
Landscape/Lighting Districts 1,005,796 (3,454) 592 63,712 - - 939,221
Capital Project
Street Projects 1,559,080 - 29,275 64,691 - - 1,522,477
Park and Trail Projects 471,639 - - 1,307 - - 470,332
Facility Projects 245,639 - 5,973 7,775 - - 243,836
Administrative Projects 667,699 - 3,458 3,754 - - 669,962
Tree Fund Projects 94,100 - 7,520 - - - 101,620
Park In-Lieu Fees Projects 495,465 - - - - - 495,465
CIP Grant Street Projects 25,310 - - 2,381 - - 22,929
CIP Grant Park & Trail Projects 21,206 - - - - - 21,206
CIP Grant Administrative Projects - - - 5,000 - - (5,000)
Gas Tax Fund Projects 1,135,927 - 114,379 354,849 - - 894,436
CIP Fund Total 4,716,065 - 160,604 439,758 - - 4,437,264
Debt Service
Library Bond 922,952 (664,168) 1,820 750 - - 259,854
Internal Service Fund
Liability/Risk Management 376,488 (136,915) 12,882 15,493 - - 236,962
Workers Compensation 304,401 (935) 87,500 5,159 - - 385,807
Office Support Fund 96,172 (5,586) 131,981 6,112 - - 216,455
Information Technology Services 274,223 (38,019) 69,200 48,441 - - 256,964
Equipment Maintenance 165,949 (5,478) 231,250 30,308 - - 361,412
Building Maintenance 370,717 (30,275) 50,000 91,497 - - 298,945
Equipment Replacement 611,708 (612) 31,250 612 - - 641,734
Technology Replacement 274,339 - 31,250 548 - - 305,041
Building FFE Replacement 339,222 - 43,750 - - - 382,972
Total City 20,098,652 (2,123,430) 1,560,937 2,557,838 - - 16,978,667
32
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/16
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
8/31/16
Street Projects
Annual Road Improvements 630,647 (1,187) 29,275 40,548 - - 618,188
Roadway Safety & Traffic Calming 51,574 - - 19,750 - - 31,824
Highway 9 Safety Project - Phase IV 120,149 - - 2,794 - - 117,356
Beaumont Traffic Circle 30,000 - - - - - 30,000
Village LED Streetlights 4,835 - - - - - 4,835
Annual Infrastructure Maintenance& Repair 88,517 - - 1,600 - - 86,917
Village Pedestrian Improvements - Phase II 18,424 - - - - - 18,424
EL Camino Grande SD Pump 142,988 - - - - - 142,988
Storm Drain Capture Device 30,000 - - - - - 30,000
Wildcat Creek Outfall 40,000 - - - - - 40,000
Fourth Street Bridge Widening 100,000 - - - - - 100,000
Quito Road Bridge Replacement 157,830 - - - - - 157,830
Quito Road Bridge - ROW ACQ 45,373 - - - - - 45,373
Damon Lane Retaining Wall - - - - - - -
Bainter Ave Retaining Wall - - - - - - -
Underground Project 98,744 - - - - - 98,744
Total Street Projects 1,559,080 (1,187) 29,275 64,691 - - 1,522,477
Parks & Trails Projects
Park/Trail Repairs 618 - - - - - 618
Park Pathway Repairs - - - - - - -
Sustainable Landscaping 72,160 - - - - - 72,160
Magical Bridge Playground - - - - - - -
Hakone Gardens Miscellaneous Improvements 96,548 - - - - - 96,548
Hakone Gardens Infrastructure Improvements 122,435 - - - - - 122,435
Hakone Gardens Koi Pond Improvements - - - - - - -
Quarry Park Plan Implement - - - - - - -
Quarry Park ROW Acquisition 100,000 - - - - - 100,000
Quarry Park ADA Access - - - 1,307 - - (1,307)
Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997
Guava/Fredericksburg Entrance 45,880 - - - - - 45,880
Total Parks & Trails Projects 471,639 - - 1,307 - - 470,332
Facility Projects
Security Locks 23,375 - - - - - 23,375
CIP Facility Building Improvement - - - 1,130 - - (1,130)
ENG/CDD Window Replacement 2,238 - - 228 - - 2,010
Civic Theater Improvements 90,660 - 5,973 1,517 - - 95,116
SPCC Furniture & Fixtures 13,896 - - - - - 13,896
Library Building Exterior Maintenance Projects 15,470 - - 4,900 - - 10,570
Library - EV FC Station 100,000 - - - - - 100,000
Total Facility Projects 245,639 - 5,973 7,775 - - 243,836
Administrative Projects
Financial System Upgrade - - - - - - -
COMB Document Imaging Project 43,973 - - 3,490 - - 40,483
City Website/Intranet 69,409 - - - - - 69,409
Development Technology 44,113 2,725 3,458 - - - 50,296
Trak-It Software Upgrade 42,733 - - - - - 42,733
LLD Initiation Match Program 24,000 - - - - - 24,000
Horseshoe Beautification 25,000 - - - - - 25,000
General Plan Update 200,000 - - - - - 200,000
Village Façade Program 15,751 - - - - - 15,751
Village Specific Plan Update 47,606 (165) - 264 - - 47,177
Wildfire Protection Plan 25,000 - - - - - 25,000
Risk Management Project Funding 90,115 - - - - - 90,115
CIP ADMIN - UNALLOCATED 40,000 - - - - - 40,000
Total Administrative Projects 667,699 2,560 3,458 3,754 - - 669,962
33
ATTACHMENT B (Cont.)
FUND BALANCES BY CIP PROJECT
CIP Funds/Pro jects
Fund Balance
7/1/16
Increase/
(Decrease)
Jul-Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
8/31/16
Tree Fund Projects
Citywide Tree Planting Program 70,850 - 7,520 - - - 78,370
Tree Dedication Program 21,500 - - - - - 21,500
SMSCF Tree Donation Program 1,750 - - - - - 1,750
Total Tree Fund Projects 94,100 - 7,520 - - - 101,620
CIP Grant Street Projects
Highway 9 - Phase IV - - - 2,381 - - (2,381)
Prospect/Saratoga Median Improvement (40) - - - - - (40)
Citywide Signal Upgrade II (965) - - - - - (965)
Saratoga Ave Sidewalk 26,316 - - - - - 26,316
Total CIP Grant Street Projects 25,310 - - 2,381 - - 22,929
CIP Grant Park & Trail Projects
AB8939 Beverage Container Grant Funding 8,397 - - - - - 8,397
Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809
Total CIP Grant Park & Trail Projects 21,206 - - - - - 21,206
CIP Grant Facility Projects - - - - - -
SC - Restroom ADA Upgrade - - - 5,000 - - (5,000)
Total CIP Grant Facility Projects - - - 5,000 - - (5,000)
Park In-Lieu Fees Projects
Unallocated Park Fees 495,465 - - - - - 495,465
Total park In-Lieu Fees Projects 495,465 - - - - - 495,465
Gas Tax Fund Projects
Annual Roadway Improvements 572,850 (1,021) 114,379 353,197 - - 333,010
Prospect/Saratoga Median Improvements 395,244 - - 1,652 - - 393,592
Citywide Signal Upgrade II 99,759 - - - - - 99,759
Quito Road & Paseo Olivos Storm Drain 40,000 - - - - - 40,000
Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 1,135,927 (1,021) 114,379 354,849 - - 894,436
Total CIP Funds 4,716,065 353 160,604 439,758 - - 4,437,264
34
ATTACHMENT C
CHANGE IN CASH BALANCE BY MONTH
35
ATTACHMENT D
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55
Quarterly Apportionment Rates
Local Agency Investment Fund
36
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Asst. to the City Manager
SUBJECT:Resolution Urging Residents to Conserve Water
RECOMMENDED ACTION:
Adopt a resolution urging residents to reduce water use by 20 percent.
BACKGROUND:
In 2015, the Santa Clara Valley Water District (District)called for water retailers, businesses and
residents of Santa Clara County to cut water use by 30 percent, in response to Governor Jerry
Brown’s executive order mandating water reductions,the State Water Resources Control Board’s
restrictions on urban water suppliers,and the increased severity of the local and statewide water
shortage.In May 2015, the City Council adopted a resolution urging residents to conserve water
by 30 percent.
Efforts in California saved 13 billion gallons of water in 2015,and El Nino provided better water
supply conditions both locally and statewide, compared to 2015. However, it will take several
years of above average rainfall to end four years of drought.On May 18, 2016, the State Water
Resources Control Board adopted an updated emergency regulation that allows water retailers
throughout the state to determine their conservation standard based on local conditions.
On June 14, 2016, the District Board of Directors voted to reduce their call for water
conservation from 30 percent to 20 percent in recognition of the healthier local water supply
conditions. The San Jose Water Company supported the District’s efforts and has amended their
plan to reduce their conservation target from 30 percent to 20 percent.
The updated 20 percent conservation target reflects the District taking a cautious and prudent
approach based on current water supply conditions, projected end-of-year groundwater reserves,
a realistic and conservative evaluation of long-term water supply forecasts, as well as the
outstanding response of residents’ conservation efforts.
The new conservation rules and Frequently Asked Question are available online at
https://www.sjwater.com/news/topic/comprehensive-drought-information.
37
The attached resolution calls for a water conservation goal of 20 percent to reflect the water
reduction targets passed by the District Board of Directors and the San Jose Water Company.
ATTACHMENTS:
Attachment A - Resolution Urging Residents to Reduce Water Use by 20 Percent
38
RESOLUTION NO. 16-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
URGING SARATOGA RESIDENTS TO CONSERVE WATER
WHEREAS, in response to current drought conditions, the Saratoga City Council adopted
Resolution No. 14-052 and 15-029 urging residents to reduce water usage by 30 percent, in response to
the Santa Clara Valley Water District’s call for a 30 percent water conservation target, and mandated
water reductions put into place by Governor Jerry Brown and the State Water Resources Control Board;
and
WHEREAS, although efforts in California saved 13 billion gallons of water in 2015, and last
winter’s El Nino weather provided healthier water supply conditions both locally and statewide,
compared to 2015, it will take several years of above average rainfall to end four years of drought; and
WHEREAS, on May 18, 2016, the State Water Resources Control Board adopted an updated
emergency regulation that allows water retailers throughout the state to determine their conservation
standard based on local conditions and on June 14, 2016, the Santa Clara Valley Water District Board of
Directors voted to reduce their call for water conservation from 30 percent to 20 percent in recognition of
the healthier local water supply conditions, and the San Jose Water Company supported the District’s call
for conservation by amending their target from 30 percent to 20 percent; and
WHEREAS, Santa Clara County depends heavily on groundwater basins and as water levels in
the groundwater basins decreases, the risk of subsidence increases; and
WHEREAS, subsidence causes sinking, which can cause significant damage to canals, levees,
roadways, sewer or storm water systems, and can also lead to flooding or allow salt water to enter
aquifers; and
WHEREAS, Saratoga residents play a key role in water conservation and can save water by
taking advantage of Santa Clara Valley Water District rebates and services, such as rebates for high-
efficiency toilets, landscape conversion rebates, and irrigation equipment upgrade rebates that help
residents conserve more water;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby
urge Saratoga residents to proactively seek out opportunities to conserve water by 20 percent.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City
Council held on the 2nd day of November 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
ATTEST:
DATE:
Crystal Bothelio, City Clerk 39
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:Public Works
PREPARED BY:Iveta Harvancik, Senior Engineer
SUBJECT:Bainter Avenue Retaining Wall Construction Contract Award
RECOMMENDED ACTIONS:
1.Move to declare Engineered Soil Repairs, Inc. of Walnut Creek to be the lowest
responsible bidder on the project and award the Construction Contract to this company in
the amount of $72,936.95.
2.Move to authorize staff to execute change orders to the construction contract up to
$7,200.00.
BACKGROUND:
A landslide below Bainter Avenue undermined the roadway after the last rainy season. The City
Geotechnical consultant Cotton, Shires and Associates, Inc. (CSA) performed site investigation
and recommended to construct a retaining wall below the road. A new CIP was created and
funds were transferred from the Hillside Stability Reserve to secure funding for the roadway
stabilization.
Retaining wall design was prepared by CSA and the construction contract was advertized as
required. Notices Inviting Bids along with the construction documents were sent to 17 bid
exchanges and directly to 19 construction companies with experience in soil repair work. Only 1
bid was submitted by Engineered Soil Repairs, Inc. of Walnut Creek in the amount of
$72,936.95. Staff has carefully checked the bid and has determined that the bid is responsive to
the Notice Inviting Sealed Bids dated October 14, 2016.Furthermore, the bid is lower than the
engineer’s estimate of the construction cost.
It is therefore recommended the Council declare Engineered Soil Repairs, Inc. to be the lowest
responsible bidder and award the Construction Contract in the amount of $72,936.95 to this
company. It is further recommended the Council authorize staff to issue change orders up to
$7,200 for unforeseen circumstances.
Geotechnical construction observation, special inspections and testing services will be performed
by CSA under existing design contract for this project.
40
ATTACHMENTS:
Attachment A – Site Map
Attachment B – Construction Contract
Attachment C – Plans and Specifications
41
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Location:
November 2, 2016
Bainter Avenue Retaining Wall Construction Contract Award
Bainter Avenue, City of Saratoga
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Engineered Soil Repairs, Inc.Bainter Avenue Slope Stabilization
Engineered Soil Repairs, Inc.
Bainter Avenue Slope Stabilization
11/01/2016 12/31/2017
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Engineered Soil Repairs, Inc.Bainter Avenue Slope Stabilization
Engineered Soil Repairs, Inc.
Mark Wilhite
1267 Springbrook Road
Walnut Creek, CA 94597
925-210-2150
mlw_esr@pacbell.net
17-02538
668184
1000010990
Public Works
Iveta Harvancik
13777 Fruitvale Avenue
Saratoga, CA 95070
408-868-1274
408-868-1274
iharvancik@saratoga.ca.us
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City of Saratoga Public Works/Construction Contracts for Projects $175,000 or Less
Exhibit A – Scope of Work and Payment Terms
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Engineered Soil Repairs, Inc.Bainter Avenue Slope Stabilization
Furnishing all labor, equipment, and performing all work necessary and incidental to the construction of the project
known as Bainter Avenue Slope Stabilization according to drawings and specifications as prepared by Cotton,
Shires and Associates, Inc. and according to the Contract Documents. The work to be done consists of supplying
all labor, methods or processes, implements, tools, machinery, and equipment to construct reinforced concrete
retaining wall, piers, backdrains, guardrail, repair pavement and other work not specifically mentioned herein, but
which may be required as directed by CITY or its designated representative.
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(Specify number of days or specific date for completion. Consider whether interim milestones are
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Engineered Soil Repairs, Inc.Bainter Avenue Slope Stabilization
✔10-14-2016
✔
✔
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✔Cotton, Shires and Associates, Inc. (10 sheets)
October 12, 2016
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within 45 (forty five) working days
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Engineered Soil Repairs, Inc.Bainter Avenue Slope Stabilization
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-End of Exhibit C-
Engineered Soil Repairs, Inc.Bainter Avenue Slope Stabilization
78
BAINTER AVENUE SLOPE STABILIZATION PROJECT
GENERAL NOTES
SITE LOCATION MAP
LIMITATIONS NOTES
PROJECT DESCRIPTION NOTE
The Bainter Avenue slope stabilization project consists of the installation of a new soldier pile and concrete lagging retaining wall
on the outboard side of the Bainter Avenue near the intersection with Redberry Drive. The intent of the wall is to stabilize a
portion of the adjacent creek bank that has failed as a landslide and begun to undermine the roadway. In addition, to the soldier
pile and concrete lagging other improvements will include a guard rail, AC curb and a backdrain.
1. The Bainter Avenue Slope Stabilization Project has been designed only for the portion of the road as designated for
stabilization on these drawings. Other portions of the roadway and adjacent creek bank have not been specifically evaluated as
part of this project.
2. Our services consist of professional designs, opinions and recommendations made in accordance with generally accepted
engineering geology, geotechnical engineering and civil engineering principles and practices. No warranty, expressed or implied,
or merchantability of fitness, is made or intended in connection with our work, by the proposal for consulting or other services, or
by the furnishing of oral or written reports or findings.
3. Any engineered design notes, drawings and specifications presented in this plan set are contingent upon Cotton, Shires and
Associates being consulted when any questions arise with regard to the notes and specifications contained herein, and to provide
observation and testing services for construction operations. Unanticipated soil and geologic conditions are commonly
encountered during construction which cannot be fully determined from existing exposures or by limited subsurface investigation.
Such conditions may require additional expenditures during construction to obtain a properly constructed project. Some
contingency fund is recommended to accommodate these possible extra costs.
Bainter Avenue at Redberry Drive
Saratoga, California
1. For reference in these documents, the "Owner" is City of Saratoga, the "Engineer" is Cotton, Shires and Associates, Inc. (CSA),
and the "Contractor" is a separate entity retained by the Owner to accomplish the work described herein. The construction work of
the Contractor shall be observed by the Engineer, who is a separate entity retained by the Owner to design and observe the
project.
2. The Contractor shall verify all site conditions and grades prior to commencing work. Any conflicts or discrepancies shall be
brought to the attention of the Engineer and be resolved prior to the commencement of work.
3. The Contractor shall coordinate the work of all trades.
4. The Contractor shall exercise particular care to preserve existing trees not identified for removal, their root structures, and other
natural landscaping. The Contractor shall require the approval from the Owner to remove any tree or branch prior to the removal.
5. The Contractor shall exercise particular care to protect the roadways and adjacent structures from damage.
6. In the event that any unusual conditions not covered by the drawings or specifications are encountered during construction
operations, the Engineer shall be immediately contacted for recommendations.
7. All work to be in accordance with the Standard Provisions of the City of Saratoga and the latest edition of the State of California
Standard Specifications.
8. Any distress or damage, caused by the Contractor's actions, to existing structures not identified for construction, including, without
limitation, existing structures, fences, AC pavement, utilities, landscaping, etc. shall be repaired or replaced at the Contractor's
expense. The Contractor shall document existing conditions of the site and adjacent structures prior to commencement of
construction.
9. The Contractor shall notify the City and the Engineer at least two (2) working days prior to commencing work or if work has been
suspended for a period of more than twenty-four (24) hours.
10. The Contractor shall provide the Owner and Engineer with the names and telephone numbers of the responsible persons to
contact, with regard to this project, 24 hours a day.
11. The Contractor shall call U.S.A. (Underground Service Alert) at (800) 642-2444, forty-eight (48) hours prior to beginning any
underground work to verify the location of existing underground utilities. Possible conflicts with underground utilities should be
brought to the Engineer's attention.
12. The Contractor shall notify all public and private utility owners two (2) working days prior to commencement of work adjacent to
the utilities unless the permit specifies otherwise.
13. The Contractor shall conform to the rules and regulations of the State Construction Safety Orders pertaining to excavations and
trenches.
14. The Construction work shall occur only between the hours of 7:00 A.M. and 5:00 P.M., Monday through Friday, unless an
exception is granted by the City of Saratoga.
15. The Contractor shall provide adequate dust control at all times. Any operation that creates excessive dust shall cease
immediately until sufficient measures satisfactory to the Owner have been taken to insure compliance with dust control
requirements.
16. The Contractor shall furnish and install all signs, lights, barricades, and other traffic control or warning devices, including
flagpersons, as required by the City of Saratoga.
17. All materials and methods of construction shall comply with the provisions of the California Building Code (2013).
18. All work shall be subject to inspection and approval by the Owner and Engineer.
19. Contractor shall comply with all Federal, California, City of Saratoga and/or other applicable laws and regulations and shall bear
the cost of any violations by Contractor thereof.
20. Any uncertainties, and need for clarifications, shall be addressed to the Engineer in writing in the form of Requests For Information
(RFI's). The RFI forms shall include the date submitted, a reference to the sheet number, and a sketch if appropriate. The
Contractor shall submit an RFI as soon as a question arises and understand that, depending on the complexity of the question,
the answer may take time to be resolved.
21. The Contractor shall provide submittals as may be required for the prosecution of the work and approval of materials and/or
equipment. Submittals may include calculations, specifications, product data, samples, manuals, spare parts, photographs,
schedules, or similar items required to be submitted to the Engineer. These submittals shall be approved by the Engineer before
any work involving these submittals is performed. No change shall be made by the Contractor to any submittal after it has been
approved by the Engineer. Submittals shall contain all required detailed information at a reasonable scale with enough views to
clearly show the work to be done or the item to be furnished, and shall be properly checked. It is expressly understood, however,
that approval of the Contractor's submittals shall not relieve the Contractor of any responsibility for accuracy of dimensions and
details, or for mutual agreement of dimensions and details. The Contractor shall be solely responsible for agreement and
conformity of submittals with the Contract Drawings and Specifications. The submittals shall be returned to the Contractor
marked, "No Exceptions Noted," "Make Corrections Noted and Resubmit Final File Copy," "Rejected," "Revise and Resubmit," or
"Submit Specified Items," within 10 days after receipt. The Contractor shall make any necessary corrections and revisions to
returned submittals and shall resubmit the submittals within 10 days after receipt. The Contractor shall be responsible for
furnishing submittals in sufficient time for approval action, including resubmittal, without delaying construction.
22. Submittals shall be required for the following items: 1) Construction Schedule; 2) Permits and Licenses; 3) Construction Area
Traffic Plan; 4) Public Notification; 5) Steel Mill Certifications 6) Concrete Mix Designs; 7) Concrete Lagging Reinforcement Shop
Drawings; 8) Concrete Color Staining; 9) Asphaltic Concrete Mix Design; 10) Drain Rock; 11) PVC Pipe; 12) Visqueen or Bond
Breaker; 13) Corrosion Protection (galvanized, Ameron Dimetcote 21-5, epoxy paint, ZRC Galvanizing Touchup Paint, etc.); 14)
Filter Fabric; and 15) Caltrans Class 2 AB. Submittals may also be required for other items as they come up during the course of
construction.
23. All Substitutions shall be approved by the Engineer prior to acceptance on the project.
24. Changes of work of less than 25 percent of the total estimated quantity of any contract items shall result in an adjustment (add-on
or deduct) according to the contract unit price. Changes resulting in greater than 25 percent of the total estimated quantity of any
contract item shall result in a re-negotiated unit cost for said item.
25. Extra work shall require a signed Contract Change Order, or a written order from the Owner, authorizing Contractor to proceed
with extra work for an agreed upon price. The expressed terms of the signed Change Order shall govern over any conflicting
documents, including, but not limited to, any proposals for Change Orders.
26. The Engineer's field personnel shall verify geotechnical conditions during construction. If field conditions are different, the
Engineer shall revise the design layout to suit.
27. The Contractor shall be responsible for site cleanup to the satisfaction of the Owner.
28. Tree protection fencing will be required during construction. Type and location of the fencing will be determined in the field by the
Owner.
29.The Contractor is responsible for legally disposing of drill and excavation spoil material, construction debris, and unused backfill.
The Contractor is responsible for coordinating and costs associated with testing the off-haul material for contamination.
30. Building permit will be required from the City of Saratoga Building Department. No fee will be charged for the permit.
LIST OF SHEETS
Sheet No. Drawing No. Drawing Title
1 of 10 C-1 Site Location Map, Notes, List of Sheets and Abbreviations
2 of 10 C-2 Notes and Technical Specifications (Parts 1, 2, 3 and 4)
3 of 10 C-3 Technical Specifications (Parts 5, 6, 7 and 8)
4 of 10 C-4 Roadway Improvement Plan
5 of 10 C-5 Section A-A'
6 of 10 C-6 Elevation B-B'
7 of 10 C-7 Concrete Lagging Details
8 of 10 C-8 Pier and Backfill Details
9 of 10 C-9 Details
10 of 10 C-10 Erosion Control Plan
Existing
New
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Asphaltic Concrete
Polyvinylchloride
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Top of Grate
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Right
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East
West
South
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Minimum
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Artificial Fill
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Pounds per square inch
Aggregate Base
Survey Station
Cast In Drilled Hole
With
Center to Center
Active Landslide
Dormant Landslide
Cotton Shires and Associates,
Inc.
Schedule
Pounds
Kilograms
Inner Diameter
Outer Diameter
Not Applicable
Clean-Out
Relative Compaction
High Density Polyethylene
High Point
Ground Surface
Equal
Vertical
Center
Reinforcement
Steel
Top and Bottom
Fahrenheit
Standard
Diameter
Grade
Unless Otherwise Noted
L
REQUIRED SPECIAL INSPECTION NOTES
In addition to regular inspections, the following numbered items shall also require Special Inspection in accordance with Sec.
1701 of the California Building Code:
SITE PREPARATION INSPECTION, PIER DRILLING, EXCAVATIONS and SOIL COMPACTION
STRUCTURAL CONCRETE where F'c > 2,500 psi
REINFORCING STEELFruitvale AveQuito AveDaves AveBig Ba
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Bainter Avenue
Slope Stabilization
17Austin
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17
1
C-1Site Location Map, Notes, List
of Sheets and Abbreviations
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
79
TECHNICAL SPECIFICATIONS
Work includes furnishing and installing soldier pile piers and concrete lagging, and drainage structures as designated on
the construction drawings and as specified herein.
Typical details and notes on these sheets shall apply unless specifically shown or noted otherwise. Construction
details not shown or noted shall be similar to details shown for similar conditions. All work and/or construction shall
comply with the 2013 edition of the California Building Code (with the 2006 International Building Code as
reference document).
A.
Discrepancies - The Contractor shall verify all dimensions, elevations, and existing conditions (where applicable)
at the job site as well as the provisions of the entire construction documents and bring to the Engineer's attention
any discrepancy. In the event of a discrepancy in the construction documents, the note or detail utilizing the
stricter requirement shall apply.
C.Excavation, Shoring, and Bracing - It shall be the Contractor's sole responsibility to design and provide adequate
shoring, bracing, formwork, etc., as required for protection of life and property, to support any construction loads,
and to maintain all building components safely in place prior to their final assembly and anchorage into the
completed structure.
PART 1 GENERAL
Reference Standards1.2
California Building Code - 2013.A.
American Concrete Institute (ACI) - 301 Latest edition ACI specifications for structural concrete for buildings.B.
American Concrete Institute (ACI) - 318 Latest edition ACI specifications for reinforced concrete.C.
A.I.S.C. Latest edition specifications for the design, fabrication and erection of structural steel for buildings.D.
A.W.S. Latest edition structural welding code - D1.1 and D1.4.E.
A.I.S.I. Latest edition specifications for the design of cold-formed steel structural members.F.
California Department of Transportation (Caltrans) Standard Specifications.G.
Standard Specifications for Public Works Construction (SSPWC).H.
American Society for Testing Materials (ASTM).I.
American Association of State Highway and Transportation Officials (AASHTO).J.
Occupational Safety Health Administration (OSHA).K.
Asphalt Institute (AI).L.
Delivery, Storage and Handling1.3
Contractor shall check the materials upon delivery to assure that proper material has been received.A.
Contractor shall prevent excessive mud, wet cement, epoxy, and like materials which may affix themselves, from
coming in contact with the materials.
B.
Contractor shall protect the materials from damage.C.
Contractor shall not stockpile or store material at the tops of slopes or on slopes steeper than 4:1 (H:V).D.
B.
D.The design for this slope improvement was based on the geotechnical site investigation performed by Cotton,
Shires and Associates, Inc, summarized in the Geotechnical Investigation Report dated January 2013.
1.1
Concrete placement and testing:
18.1 Job site inspector shall review concrete batch dispatch ticket from driver for conformance with required mix.
18.2 Concrete shall be sampled and tested for quality control during the placement of concrete, as follows:
18.2.1 Sampling fresh concrete: comply with CBC, Sec. 1905A.6.
18.2.2 Slump: ASTM C143: one test for each load at point of discharge of chute; and one for each set of compressive
strength test specimens.
19.
18.
18.2.3 Compression test specimen: ASTM C31: one cylinder or test panel for each compressive strength test,
unless otherwise directed. Store cylinder or test panel for laboratory cured test specimens except when field-
cure test specimens are required.
18.2.4 Compressive strength tests: ASTM C39; one set each day and one set for each 50 Cu. Yds or fraction thereof, of
each concrete class placed in any one day. Test 1 specimen at 7 days, 2 specimens at 28 days, and retain 1
specimen in reserve for later testing as required.
18.3 Test results shall be reported in writing to the Engineer and the Contractor on the same day that tests are made.
Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement,
name of contractor, name of concrete testing service, concrete type and class, location of concrete batch in the structure,
design compressive strength at 28 days, concrete mix proportions and materials; compressive breaking strength and type of
break for both 7-day tests and 28-day tests.
Reinforcement placement: special inspector shall observe placement of reinforcement, including rebar size or beam size, steel
grades, spacing, clearances, and security during the concrete placement operation. Special inspector shall observe that
reinforcing is free of dirt, mud or other materials prior to concrete placements.
18.4 Additional tests: the testing service shall make additional tests of in-place concrete when test results indicate the
specified concrete strengths and other characteristics have not been attained in the structure. The testing service shall
conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C42, or by other methods as
recommended by the Engineer. Owner shall pay for such tests conducted, and any other additional testing as may be
required. When unacceptable concrete is verified, test costs will be back-charged to the Contractor.
Details and notes shown in this set of drawings and titled "typical" are typical and shall apply unless otherwise noted. Details
of construction not fully shown shall be of the same nature as shown in typical details or as shown for similar conditions.
11.No pipes or sleeves shall pass through structural members without the approval of the Engineer unless shown on drawings.
The contract drawings and specifications represent the finished structure. They do not indicate the means and methods of
construction. The Contractor shall provide all measures necessary to protect the existing improvements during construction.
Such measures shall include, but not be limited to, bracing, shoring for loads due to construction equipment, materials, etc.
Contractor shall provide for design, permits and installation of such bracing, if required.
12.
15.
The Contractor shall be responsible for all measurements that may be necessary or required for the execution of any work to
the locations, lines and grades specified or shown. Control Points placed by Licensed Surveyors or other reference marks
moved, destroyed or rendered inaccurate by any cause whatsoever shall be replaced by a Licensed Land Surveyor and paid
for by the Contractor at no additional cost to the Owner.
Stockpiling or storage of materials on or near the top of slope is not permitted unless noted on the drawings and/or with prior
approval of the Engineer.
9.
10.
Where a construction detail is not shown or noted, the details shall be the same as for other similar work. The more restrictive
detail shall be used with approval of the Engineer.
8.
7.
The Contractor shall be responsible for site clean-up to the satisfaction of the Owner. All construction-related disturbed
slope areas shall be treated with erosion control measures consisting of native vegetation planting and associated activities,
exclusive of any drip or other irrigation techniques, as specified herein at the completion of the project.
5.
CONSTRUCTION, DESIGN, INSPECTION AND TESTING NOTES
All work shall be subject to inspection, testing and approval by the Engineer (Cotton, Shires and Associates, Inc.).1.
The Contractor agrees that they shall assume sole and complete responsibility for jobsite safety conditions during the course
of construction of this project, including the safety of all persons and property: that this requirement shall apply continuously
and not be limited to normal working hours and that the Contractor shall defend, indemnify and hold the Owner and the
Engineer (Cotton, Shires and Associates, Inc.) harmless from any liability, real or alleged in connection with the safe
performance of the work on this project excepting for liability arising from the sole negligence of the Owner or Engineer.
2.
It is the Contractor's responsibility to assure the stability of adjacent structures and slopes, including temporary cutslopes,
during excavations.
3.
Locations are approximate and shall be verified by the Contractor in the field. Control shall be determined by relative location
to temporary survey monuments.
4.
17.
16.
All excavations shall be properly backfilled. Backfill shall not be placed against new concrete structures until 75% of the
design compressive strength has been developed.
The testing agency shall compile testing and inspection reports detailing the items of work which have been inspected.
A copy of the reports shall be sent to the Owner and Engineer and Contractor for review.
The Owner shall retain a testing agency to perform inspection and special inspection in accordance with Section 1704 of the
CBC, including taking and breaking test cylinders for confirmatory concrete compressive strength.
6.The Engineer shall be responsible for initial layout of piers and soil nails, as well as providing elevation control points. The
Contractor shall notify the Engineer at least 48 hours prior to when layout is needed and shall allow at least two working days
for the Engineer to provide layout. Any layout destroyed or rendered inaccurate shall be replaced by the Engineer and paid for
by the Contractor.
Contractor shall take precautionary measures to ensure that all property is protected during construction. Any damaged or
changed conditions shall be repaired and restored to the pre-construction conditions and to the satisfaction of the Engineer
and Owner. Contractor shall repair any damage at Contractor's expense.
14.
The Contractor shall carefully check stability of all elements of existing improvements before doing any work on existing
structures and brace or strengthen all portions of existing structures which may be weakened by removal of existing
construction until new construction is in place.
13.
PART 2 REINFORCED CONCRETE
2.1 Products
2.1.1 Cement shall conform to ASTM C 150, Type V.
2.1.2 Aggregates for normal weight concrete shall conform to ASTM C 33.
2.1.3 Concrete work shall conform to all requirements of ACI 301, "Specifications for Structural Concrete for Buildings", except
as modified by these notes.
2.1.4 Concrete shall be mixed and delivered in accordance with ASTM C 94.
2.1.5 Admixtures shall be used only with prior written approval of the Engineer. Admixtures shall comply with ASTM C 494 and
be of a type that increases the workability of the concrete, but which shall not reduce the specified minimum cement
content. Calcium chloride shall not be used.
2.1.6 Aggregate: Minimum coarse aggregate shall be 3/4 inch for lagging and 1/2 inch for the piers.
2.1.7 Contractor shall submit mix designs for review before fabrication and installation.
2.1.8 Concrete shall develop the following minimum compressive strength at 28 days:
Piers, Lagging: 3,000 psi
2.1.9 The concrete shall have a maximum water-to-cement ratio (W:C) 0.45.
2.2.1 Concrete shall be placed in a continuous operation until the section is completed between predetermined construction
joints. Concrete shall be placed in piers in one continuous pour. Concrete shall be of a consistency to permit placing
intimately around reinforcing bars and against forms.
2.2.2 Slumps shall be in a range of 4 to 6 inches for dry excavations and in a range of 6 to 8 inches for approved wet tremie
placement.
2.2.3 Exposed surfaces of concrete shall be kept moist or cured by protective coverings applied in accordance with
manufacturer's specifications.
2.2.4 Forms, if necessary, shall be tight, clean and wetted before placing concrete.
2.2.5 Chamfer all exposed edges of concrete 3/4" unless noted otherwise.
2.2.6 All defective work shall be repaired by the Contractor as specified.
2.2.7 Curing: during the curing periods specified herein, concrete shall be maintained above 40 degrees (f) and in moist
condition. In initial curing, concrete shall be kept moist for 24 hours after placement is complete. Final curing shall
continue for seven days after pouring, for three days if high-early strength cement is used, or until the specified strength is
obtained. Final curing shall consist of a fog spray or an approved moisture retaining cover or curing compound forming a
membrane.
2.2.8 A bond breaker or a layer of 10 mil plastic sheeting (Visqueen) shall be placed between the concrete lagging and the
steel beams.
2.2 Installation
2.3.1 Inspections shall conform to CBC Section 1924.11
2.3.2 Strength test: strength tests for concrete shall be made in accordance with ASTM standards by an approved agency on
specimens which are representative of the work and which have been water soaked for at least 24 hours prior to testing.
When the maximum size aggregate is 3/8 inch or smaller, specimens shall consist of not less than three, 2 inch diameter
cores. Specimens shall be taken in accordance with section 18.2.4 of the Construction, Design, Inspection and Testing
Notes.
2.3.3 Inspections: during placement, special inspection is required. The special inspector shall provide inspection of the
placement of the reinforcement and continuous inspection of the concrete and shall submit a statement indicating
compliance with the drawings and specifications.
2.3 Inspections and Testing
PART 3 REINFORCING STEEL
3.1 Products
3.1.1 Reinforcing bars shall be in accordance with ASTM A615, Grade 60. Tie wires to be 18 ga, or heavier, black annealed
steel.
3.1.2 The steel beams shall be in accordance with ASTM A572, Grade 50, or ASTM A588 Grade 50. ASTM, A572 Grade 50
steel shall be corrosion protected by hot-dipped galvanized; covered with (2) coats at least 4 to 6 mil of Ameron Dimetcote
21-5 water based inorganic-zinc silicate; or epoxy paint; or approved equal. Use ZRC Galvanizing compound for field
touch up. ASTM A588 Grade 50 steel does not require a protective coating.
3.2.1 Minimum lap splices of steel reinforcing bars shall be as follows: Class B as defined in ACI 318-05.
3.2.2 Reinforcement detailing, bending, and placement shall be in accordance with the Concrete Reinforcing Steel Institute
"Manual of Standard Practice", latest edition.
3.2.3 Reinforcing steel shall be provided with at lest 3 in. of cover for concrete at all structures.
3.2.4 All reinforcing, shall be rigidly secured in place prior to pouring concrete.
3.2.5 The clear distance between parallel bars in a layer shall not be less than 1-1/2 times the nominal diameter of the bars, or
1-1/3 times the maximum size aggregate, nor less than 1-1/2".
3.2.6 Unless otherwise noted, lap splices of bottom footing bars shall be staggered at least 5'-0" minimum from laps in other
bottom footing bars. Stagger lap splices of top footing bars similarly.
3.2.7 Reinforcement splices: lap splices in reinforcing bars shall be by the non-contact lap splice method with at least 2 inches
clearance between bars. All splices in reinforcing bars can be made with pre-approved threaded or welded reinforcing
bar couplers as an alternate.
3.2.7 When lap splicing reinforcement bars of different sizes, Contractor shall use the largest bar lap splice length.
3.2.8 Contractor shall submit reinforcing steel shop drawings for review prior to fabrication and placing reinforcing steel.
3.2 Installation
3.3.1 Special inspector shall observe placement of reinforcement, including rebar size or beam size, steel grades, spacing,
clearances, and security during the concrete placement operation. Special inspector shall observe that reinforcing is free
of dirt, mud or other materials prior to concrete placements.
3.3 Inspections and Testing
4.1.1 Rock/soil material shall be excavated as required for piers as shown on the construction drawings, or as
recommended by the Engineer. All excavated soil, including drill spoils, shall be offhauled to a legal approved
dump site or, if approved by the Engineer, used as engineered fill in designated areas on site. Shall coordinate
and pay for all required testing to off-haul and dispose of the material.
4.1.2 Pier excavations shall be logged by the Engineer during excavation by Contractor. During drilling, the Contractor
shall provide accurate drill depths to the Engineer when requested by the Engineer.
4.1.3 The Contractor shall anticipate both caving, voids and hard-rock drilling, and therefore provide suitable equipment
capable of extending the shear pin holes to their design depth. Water shall not be added to the pier holes as a
method of hole stabilization unless approved by the Engineer.
4.1.4 The Contractor shall anticipate groundwater and/or seeps and provide suitable equipment capable of extending
the shear pin holes to their design depth.
4.1.5 Loose material at the bottom of the shear pin excavations shall be removed or compacted by tamping prior to
placing steel or pouring of concrete. The tamped material shall not exceed 6 inches in tamped thickness.
PART 4 RETAINING WALL PIERS
4.1 Pier Drilling
4.2.1 A minimum 3 inches of clearance all around shall be maintained between the structural steel and the sides of the
excavation. A minimum of 12 inches of clearance shall be maintained between the structural steel and the bottom of the
excavation.
4.2.2 If more than 6 inches of water has accumulated in the hole, the water shall be removed by pumping prior to the pouring of
concrete or the concrete shall be placed by the tremie method.
4.2.3 The concrete shall stop at the elevations shown in these drawings. Sonotubes, if necessary, shall be removed prior to
engineered backfill placement.
4.2 Installation
2
C-2Notes and Technical Specifications
(Parts 1, 2, 3 and 4)
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
80
PART 5 BACKDRAINS
5.1.1 ASTM D-3034 Polyvinyl Chloride Pipe (PVC)
5.1 Reference Standards (American Society for Testing and Materials)
’UDLQ5RFNLQFKE\LQFKFOHDQFUXVKHGGUDLQURFNZKLFKLVSODFHGLQPD[LPXPLQFKWKLFNOLIWVDQGYLEUDWHGLQWR
place using mechanical equipment.
5.2.2 Class 2 Permeable Material - Class 2 Permeable Material shall conform to Caltrans Standard Specification 68 and shall
be placed in maximum 8-inch thick loose lifts and compacted to minimum 90% of relative compaction.
5.2.3 Filter Fabric - Mirafi 140N, or approved equivalent, filter fabric shall surround drain rock where the drainrock is in contact
with earth materials.
5.2.4 Perforated Drain Pipe - Schedule 40 PVC perforated drain pipe (minimum 4-inch diameter) shall be placed within
drainrock or Class 2 Permeable Material (minimum 3 inches cover) in the temporary excavation to act as a subdrain
sloping to drain at minimum 1% and shall discharge via tight-line Schedule 40 PVC Pipe.
5.2.5 Non-Perforated Drain Pipe - Schedule 40 PVC drain pipe (minimum 4-inch diameter) shall be used to collect perforated
drain pipe and convey water to discharge location.
&OHDQRXWV7KHXSVORSHHQGVRIWKHVXEGUDLQSLSHVVKDOOEHFRQQHFWHGZLWKWZR39&FRXSOLQJVWRDLQFKGLDPHWHU
non-perforated Schedule 40 PVC cleanout pipe extending to the ground surface and equipped with a removable cap to
facilitate cleaning.
5.2.7 Utility Box - The cleanout cap shall be protected in a Christy F08BOX utility box (or approved equivalent).
5.2 Products
5.3.1 The backdrain shall be minimum 1.5 feet wide and installed in a manner to prevent contamination of the drainrock.
5.3.2 Perforated pipe shall be installed with the holes down and all pipe sections shall be glued with manufacturer approved
cleaner and glue.
5.3 Installation
PART 6 PAVEMENT
6.1.1 ASTM D-422 Particle Size Analysis
6.1.2 ASTM D-698 Laboratory Compaction Characteristics of Soil -Standard Effort
6.1.3 ASTM D-1557 Laboratory Compaction
6.1.4 ASTM D-5195 In-Place unit weight by Nuclear Methods
6.1 Reference Standards, American Society for Testing and Materials (ASTM)
6.2.1 Aggregate Base Rock - The Aggregate Base rock shall conform to the provisions of Section 26 of Caltrans Standard
Specifications for 3/4-inch maximum, Class 2 Aggregate Base.
6.2 Products
6.3.1 Contractor shall saw cut at the limit of the new pavement.
6.3.2 Aggregate Base shall be at least 9 inches thick and be compacted to at least 95 percent Relative Compaction (RC) as
determined by ASTM D1557-12 with scarification 8 inches deep and compacted to 95% RC below base.
6.3.3 Asphaltic Concrete shall be at least 3 inches thick and conform to the applicable provisions of Section 39 of the Caltrans
Standard Specifications.
6.3.4 Type A Asphaltic Concrete dike shall be installed to the limits shown and conform to the applicable provisions of Section
39 of the Caltrans Standard Specifications.
6.3 Installation
8.4.1 Stripping - Strip the upper 3 to 6 inches of surface soil containing organic matter and stockpile for later use.
Remove material to the elevations indicated. Further excavate to remove undesirable material as recommended
by the Engineer.
8.4.2 Stability of Excavation - Temporary cut slopes during the dry season in bedrock shall not exceed 5-foot vertical or
1:1 (H:V) where height exceeds 5 feet, provided that they are inspected and approved by the Engineer, and
monitored daily during construction. All excavations shall comply with applicable local, State and Federal safety
regulations. Where sloping is not possible due to space restrictions or stability concerns, excavations shall be
shored and braced.
8.4.3 The Contractor shall excavate to the lines and grades shown on these plans.
8.4.4 Shoring and Bracing - Shoring and bracing shall comply with local codes and authorities having jurisdiction. The
shoring and bracing shall be extended as the excavation extends and shall be installed regardless of the duration
the excavation will be open.
8.4.5 Dewatering - The Contractor shall prevent surface and subsurface (groundwater) water from flowing into the
excavation and from flooding the project site. The Contractor shall not allow water to accumulate in excavations,
and any water which does accumulate shall be removed to prevent softening and soil changes detrimental to the
strength and stability of subgrades. The Contractor shall provide and maintain pumps, sumps, suction and
discharge lines, and other dewatering system components necessary to convey water away from the excavation.
The water shall be discharged away from planned improvements and excavations.
8.1.1 ASTM D-422 Particle Size Analysis
8.1.2 ASTM D-698 Laboratory Compaction Characteristics of Soil-Standard Effort
8.1.3 ASTM D-4318 Liquid Limit, Plastic Limit and Plasticity Index of Soils
8.1.4 ASTM D-3034 Polyvinyl Chloride Pipe (PVC)
8.1.5 ASTM D-1248 Corrugated Plastic Pipe
8.1.6 ASTM D-1557 Laboratory Compaction
8.1.7 ASTM D-5195 In-Place Unit Weight by Nuclear Methods
8.1 Reference Standards, American Society for Testing and Materials (ASTM)
PART 8 ENGINEERED EARTH FILL
8.2.1 Engineered Earth Fill - Compacted soil material shall be on site soils (from excavations and pier drilling) provided
they are free of organics, materials larger than 4 inches in maximum dimension, and approved by the Engineer,
unless otherwise specified in the drawings. Imported soil material if required, shall be free of organic materials,
shall have a PI <16, shall have no rock fragments greater than 4 inches in maximum dimension, and shall be
approved by the Engineer (if import soil is required, a sample of the import soil shall be provided to the Engineer
for approval a minimum of 72 hours prior to placement). Imported soil shall also be free of contamination (per
State of California) and if coming from a non-licensed source, the necessary laboratory test results shall be
provided. AC grinding are not acceptable.
8.2.2 Spoils - All spoils left over from excavations, drilling and compaction/backfill shall be legally disposed of off site.
The Contractor can temporarily stockpile spoils at an approved and agreed upon location on the Owner's
Property. All trash and non-soil debris shall be legally disposed of off-site at the Contractor's expense. At no time
shall loose spoils be placed or stockpiled on slopes steeper than 4:1 (H:V), compacted spoils shall not be placed
or stockpiled on slopes greater than 1.5:1 (H:V).
8.3.1 General - Prior to all work related to Engineered Earth Fill, Contractor shall become thoroughly familiar with the
site, the site conditions, and all portions of the work related to Engineered Earth Fill. The site shall be taken "as
found".
8.3.2 Site Preparation - The Contractor shall remove all vegetation, utilities, debris, concrete and deliterious material
and legally dispose of these materials off site. All excavation work shall be executed to lines indicated and as
required to permit installation of forms and similar work prior to performing the work.
8.3.3 Approvals - The Contractor shall not allow or cause any of the work performed or installed to be covered up or
enclosed by work prior to all required inspections, tests, and approvals. The Contractor shall schedule the work
so at least three (3) working days notice is given before any work is to be covered. Should any of the work be so
enclosed or covered up before it has been approved, uncover all such work at no additional cost to the Owner.
After the work has been completely tested, inspected, and approved, the Contractor shall make all repairs and
replacements necessary to restore the work to the condition in which it was found at the time of uncovering, all at
no additional cost to the Owner.
8.3.4 Unauthorized Excavation - Any unauthorized excavations under or adjacent to foundations, or retaining walls shall
be filled with lean concrete to return the elevation to its proper position, if acceptable to the Engineer. Elsewhere,
backfill and compact unauthorized excavations as specified for authorized excavations and backfills.
8.5.1 The upper 6 inches of exposed material in areas to receive fill shall be moisture conditioned to obtain a moisture
content of at least optimum or greater, scarified and compacted to minimum 90% relative compaction (ASTM
D1557-12).
8.5.2 Engineered Fill shall be placed in horizontal lifts not exceeding 8 inches in loose thickness, moisture conditioned
to at least 2% above optimum moisture, and compacted by mechanical means to a minimum of 90% of relative
compaction as determined by the ASTM D 1557-12 standard. Engineered fill placed beneath all structures
and/or roads shall be compacted to at least 95% relative compaction to a minimum depth of 12 inches below
pavement.
8.5.3 Grading - Graded surfaces shall be uniformly graded, including adjacent transition areas. The finished surface
shall be smooth, stiff and free of loose material. The Contractor shall "over-build" the slope and cut-back to the
design grade to ensure specified compaction at the slope face.
8.5.4 Moisture Conditioning - Where the subgrade or fill material requires moisture conditioning (adding water) to
achieve the specified moisture content, water shall be applied uniformly to the exposed surface to prevent free
water from appearing on the surface. In the event that the material is too wet (has a moisture content which
precludes achieving the specified relative compaction), the material can be removed and replaced, scarified and
air-dried, or mixed with drier material.
8.2 Products
8.3 General
8.4 Excavation
8.5 Installation
8.6.1 The Contractor shall provide adequate erosion control during construction (including necessary straw bales, sand
bags and/or silt fencing) to prevent mud and/or debris from spilling into drainage channels and streets in
accordance with the recommendations and designs shown in the California Stormwater Best Management
Practices for Construction Activities.
8.6.2 The Contractor shall treat all graded, denuded or disturbed slopes higher than 3 feet, and steeper than 33 percent
(3:1) with North American Green SC150 Double Net Straw Coconut Blanket (or approved equivalent) and seed
(native grass mix as approved by Owner). All other grounds disturbed by construction activities shall be treated
with hydroseed prior to exposure to rain.
8.6.3 The Contractor shall keep the graded and disturbed areas moist at all times throughout the grading operation to
control dust.
8.6 Erosion Control
8.7.1 Compaction testing shall be provided by the Engineer and paid for by the Owner.
8.7.2 The Engineer must inspect and approve subgrades and fill layers before further construction work is performed
thereon.
8.7.3 If, in the opinion of the Engineer, based on testing and/or inspection, subgrade or fills which have been placed are
below specified unit weight or relative compaction or are pumping (yielding), the Contractor shall provide
additional compaction and testing at no additional expense, or the failing material shall be removed and replaced
with suitable material.
8.7.4 Where tests indicate that the unit weight of any layer of fill, or portion thereof, is below the required relative
compaction, or improper moisture content is in evidence, the particular layer or portion shall be reworked until the
required unit weight and/or moisture content has been attained. No additional fill shall be placed over an area
until the last placed lift of fill has been tested and found to meet the relative compaction and moisture
requirements, and that lift has been approved by the Engineer.
8.7.5 Where the work is interrupted by heavy rains, fill operations shall not be resumed until the field observation and
tests by the Engineer indicate that the moisture content and relative compaction of the previously placed and
"passed" fill are within the limits previously specified.
8.7.6 All grading inspections must be made by the Engineer.
8.6 Testing
6.2.2 Asphaltic Concrete - Asphaltic Concrete shall conform to the provisions of Section 39, 92 and 94 of Caltrans Standard
Specifications for Type A, 3/8-inch maximum aggregate.
a. Asphaltic binder shall be steam refined paving asphalt, viscosity grade AR4000.
b. Prime coat shall be liquid asphalt, SC-250.
c. Tack coat (paint binder) shall be penetration type, slow setting asphaltic emulsion, Type SS-1, conforming to
requirements of Section 94, Caltrans State Specifications.
PART 7 GUARD RAIL
7.1.1 The post shall be 8x8 Pressure Treated Douglas Fir No.1 and the railing shall be 3x10 Pressure Treated Douglas Fir No. 1
7.1.2 The threaded bar shall be 3/4" galvanized bar, Grade 36. The washers should be 1/4" x 3" galvanized and the nuts hsall
be 3/4"galvanized.
7.1 Products
7.2.1 Contractor shall saw install a two-rail Mortised Wood Guard Rail by Perfection or an approved equivalent on the beams
that have concrete lagging (Piers 2, 3, 4, and 5).
7.2 Installation
3
C-3Technical Specifications
(Parts 5, 6, 7 and 8)
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
81
A
A'
B'NorthNorth0 5 10 20
(feet)
B
A
I
N
T
E
R
A
V
E
.
RED
B
E
R
R
Y
A
V
E SanT
o
m
a
s
A
q
u
i
n
o
C
r
e
e
k
49
0
49
0490
49
0
500
500
5
0
0
Als
Af
Af
AC patch
Pavement
Cracks, typ.
36" CMP
Vertical Step
in Fill
Incipient Failure
Loose
Raveling
Slope
Ols
Qa
B
LANDS OF
SCVWD
BAINTER
R.O.W
(N) CALTRANS TYPE A AC DIKE
(N) 3" AC PAVEMENT
(N) REINFORCED CONCRETE SOLDIER PILE
1
2
34
5
6 (N) REINFORCED CONCRETE LAGGING(N) BACKFILL WITH
ENGINEERED COMPACTED FILL
(N) BACKDRAIN, EQUIPPED WITH
CLEANOUTS AT EACH END AND COLLECTED
%<$1213(5)25$7(’39&6&+(’8/(
40 PIPE THROUGH THE LAGGING
C/O
C/O
(N) GUARD RAIL BETWEEN
SOLDIER PILES NO. 2 AND NO. 5
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
4
C-4Roadway Improvement Plan
82
0+20
A
480
500
520
480
500
520
0+400+00 0+60 Elevation (feet)Elevation (feet)0+70
A'
B-B'
Ols
Af
Qa
Als
3" CAPPED
PIPE EXPOSED
IN FAILURE(N) ENGINEERING COMPACTED
FILL
(N) 1.5' WIDE, 1/2" X 3/4" CLEAN
CRUSHED DRAINROCK
$1’3(5)25$7(’
SCHEDULE 40 PVC
BACKDRAIN
8'
16'-6.0"
(N) CALTRANS TYPE A AC DIKE
(N) REINFORCED
CONCRETE
LAGGING
2'4
(N) 3" AC PAVEMENT
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
5
C-5Section A-A'
83
0+20 0+40Elevation (feet)500
470
500
470
0+500+00 Elevation (feet)B B'A-A'
Af
QaAls
Incipient Failure
3" Capped
pipe exposed
in failure
Af
(N) REINFORCED CONCRETE
PIER
(N) REINFORCED CONCRETE LAGGING
24'-6.0"7'4'
6'
(N) TRIM THE SIDE WALLS TO ACCOMMODATE THE
CONCRETE REINFORCED LAGGING, TYP.
1 2 3
4 5 6
2'24'-6.0"(N) ENGINEERING COMPACTED
FILL COMPACTED TO 90% OF RELATIVE
COMPACTION OR 150 PSI CDF, TYP.
(N) DISCHARGE BACKDRAIN
THROUGH FORMED HOLE IN
LAGGING AT BASE OF WALL
(N) GUARD RAIL
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
6
C-6Elevation B-B'
84
6.0' O.C.
TYP.VARIESNOTE: ALL FIELD SHALL BE DONE WITH ZRC
GALVANIZING COMPOUND
MIN. 3" CLEAR
TO STEEL
2.0'
6.0' O.C. TYP.
REINFORCED CONCRETE
LAGGING, MIN. 3,000 PSI
CONCRETE NO. 5 BARS HORIZONTAL AND
VERTICAL @ 12" O.C., EACH
WAY (TWO CURTAINS)
COLOR STAIN ALL
EXPOSED PORTIONS OF
PIERS AND LAGGING
(COORDINATE WITH
CITY FOR APPROVED
COLOR)
CONCRETE
SOLDIER PILE
PIER, TYP.
STEEL BEAM
REINFORCEMENT,
TYP.
(N) GUARD RAIL
CONCRETE LAGGING ELEVATION DETAIL 1
SCALE: N.T.S.~
MIN. 3" CLEAR
TO STEEL
SOIL SIDE
AIR SIDE
MIN. 3" CLEAR
TO STEEL
6.0' O.C.
TYP.
MIN. 3" CLEAR
TO STEEL
1.1'
NO. 5 BARS
VERTICAL @ 12" O.C.
EACH FACE
NO. 5 BARS HORIZONTAL @ 12" O.C.
EACH FACE
ASTM A572 GRADE 50 W16X40 HOT DIPPED
GALVANIZED, OR COVERED WITH (2) COATS
(4 TO 6 MIL) AMERON DIMETCOTE 21-5 OR
EPOXY PAINT, OR ASTM A588 GRADE 50
W16X40 WEATHERING STEEL
10 MIL VISQUEEN OR BOND
BREAKER BETWEEN
LAGGING PANEL AND BEAM
SOLDIER PILE
PIER, TYP.
PIER AND CONCRETE LAGGING PLAN DETAIL 2
SCALE: N.T.S.~
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
7
C-7Concrete Lagging Details
85
0,1
MIN. 1.0'VARIESMIN. 3" CLEAR
EMBED (N) LAGGING
~1.0'.LAGGINGHEIGHTVARIES(N) 1.5' WIDE 1/2"X3/4" CLEAN
&586+(’’5$,152&.
PERFORATED PVC PIPE
ENCAPSULATED IN MIRAFI
140N FILTER FABRIC
(N) ENGINEERED FILL COMPACTED
TO MIN. 90% R.C. AND 95% WITHIN
12" OF PAVEMENT
(N) BENCH
EXCAVATION
(E) GROUND SURFACE
(N) ENGINEERED FILL
COMPACTED TO MIN.
90% R.C.
SOLDIER PILE PIER WITH LAGGING SECTION 3
SCALE: N.T.S.~
SLOPE BACKFILL TOWARDS
BACK OF AC DIKE
(N) AC DIKE
(N) GUARD RAIL, SEE
DETAILS 8, AND 9
~3'
5%(N) PAVEMENT
1.5'
0,1
MIN. 1.0'
SOLDIER PILE PIER WITHOUT LAGGING SECTION 4
SCALE: N.T.S.~
W16x40 ASTM
A572 GRADE 50
STEEL BEAM
REINFORCEMENT,
TYP.
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
8
C-8Pier and Backfill Details
86
3'-6"
ELEVATION
3/4" GALVANIZED THREADED
ROD GR. 36, TYP.
EACH SIDE GALVANIZED 3/4" NUTS
AND 1/4" x 3" SQ. > WASHER
2"51/4"51/4"51/4"3"W16X40
Finished Ground
Surface
W16X40
20.75"
GUARD RAIL DETAIL 8
SCALE: N.T.S.~
PLAN
8"X8" Pressure Treated
Douglas Fir #1 Post
3"X10" Pressure Treated
Douglas Fir #1 Railing, Typ.
PVC DRAIN PIPE
maximum 4 in. O.C.
3/8 in. holes at
LQ3HUIRUDWHG39&
Sch. 40 Modular Block
Wall Backdrain Pipe
Note: Install Clean-outs at Ends, Angles and Junctions.
Protect top of clean-out with Christy Box Model F08 box with reinforced
concrete lid, or approved equivalent, installed flush with ground surface.
Christy F08 Box, or
Approved Equivalent
Compacted Fill
(OV
Cap
1.5 ft.
Nonperforated Pipe
Perforated Pipe
PERFORATION DETAIL 5
SCALE: N.T.S.~
BACKDRAIN CLEAN-OUT DETAIL 6
SCALE: N.T.S.~
Caltrans Standard
Type A AC Dike 5"
3"3"
6"
11"
AC DIKE DETAIL 7
SCALE: N.T.S.~
Paint Traffic Face
White with Standard
Traffic Rated Paint
Two-Rail Mortised Wood
Guard Rail by Perfection
Fence Corp., or
Approved Equivalent
8"x8" Pressure Treated
Wood Posts
3"x10" Pressure Treated
Wood Rails
GUARD RAIL PHOTO 9
SCALE: N.T.S.~
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
9
C-9Details
87
A
A'
B'NorthNorth0 5 10 20
(feet)
B
A
I
N
T
E
R
A
V
E
.
RED
B
E
R
R
Y
A
V
E SanT
o
m
a
s
A
q
u
i
n
o
C
r
e
e
k
49
0
49
0490
49
0
500
500
5
0
0
Als
Af
Af
AC patch
Pavement
Cracks, typ.
36" CMP
Vertical Step
in Fill
Incipient Failure
Loose
Raveling
Slope
Ols
Qa
B
LANDS OF
SCVWD
BAINTER
R.O.W
1
2
34
5
6
(N) SILT FENCE AND STRAW
WADDLE BARRIER, TYP.
12"
8"
18"
24"
12"
6"
2"x4" Wood Post Alt: Steel
Fence Posts
Backfill and Compact
the Excavated Soil in
Trench and on Both
Sides of Filter Fabric
Filter Fabric Material
2"x2" 14 Ga Wire
Fabric or Equiv.
Straw Wattle
Flow
SILT FENCE DETAIL 11
SCALE: N.T.S.~
Fold and Set Filter
Fabric into Soil
1" X 1" STAKE
SEDIMENT, ORGANIC MATTER,
AND NATIVE SEEDS ARE CAPTURED
BEHIND THE ROLLS
3' -4' M
A
X.
3"-5" DEPTH MAX.
STRAW WATTLE INSTALLATION DETAIL 10
SCALE: N.T.S.~
Reviewed By:
Date
Date
Reviewed By:
Approvals (If Applicable)
Reviewed By:
Reviewed By:
Reviewed By:
Reviewed By:
Date
Date
Date
DateDavid T. Schrier, P.E. 10/13/16
Ted Sayre, 10/13/16
E5416
COTTON, SHIRES & ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
330 Village Lane
Los Gatos, California 95030
(408) 354-5542 Fax: (408) 354-1852
Iveta Harvancik
City of Saratoga
13777 Fruitvale Avenue
Saratoga, California 95070
10
EXP. 12/31/17
NO. 47816
BAINTER AVENUE SLOPE STABILIZATION PROJECT
Bainter Avenue, Saratoga, California
David T. Schrier, P.E. 10/13/16
10
C-10Erosion Control Plan
88
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:Community Development Department
PREPARED BY:Erwin Ordoñez, Community Development Director
SUBJECT: Adoption of the Various 2016 California Uniform Codes with Local Modifications
RECOMMENDED ACTION:
(1)Conduct a public hearing;
(2)Introduce and waive the first reading of the attached ordinance adopting and modifying
the referenced codes; and
(3)Direct staff to place the ordinance and the attached resolution making findings regarding
proposed modifications to the referenced codes on the consent calendar for adoption on
November 16, 2016.
REPORT SUMMARY:
The attached ordinance and resolution will adopt California’s various uniform building codes with
modifications needed to reflect conditions in Saratoga. The State periodically updates its building codes,
and with each update, the City updates its own codes accordingly. The most recent California update was
July 1, 2016, which goes into effect statewide January 1, 2017.
The modifications proposed in the attached ordinance were developed by staff in consultation with
Building Officials from other cities in the area. The proposed modifications are consistent with those
adopted by other jurisdictions in the area.
The proposed modifications to the Fire Code were developed by the Santa Clara County Fire Marshal and
Fire Chief in consultation with other fire officials in the region. The proposed modifications are consistent
with those adopted by the Saratoga Fire Protection District and other cities in the area.
Other cities have adopted variations on the proposed modifications as discussed in the staff report. The
City must make findings regarding its modifications to the uniform codes and those findings are included
in the resolution that would be adopted concurrently with the code modifications.
BACKGROUND:
The construction of residential, commercial, and various other structures in California is regulated by
Title 24 of the California Code of Regulations, also known as the California Building Standards Code
(“CBSC”). These regulations establish construction standards to protect the public welfare and provide
uniformity in building laws. State law requires updating the Building Codes every three years. The
updated Building Codes go into effect on January 1, 2017, regardless of the City taking any action or not. 89
The CBSC is enforced by local governments through the building permit process. All construction in the
State must comply with the CBSC unless the city or county in which the construction occurs has adopted
local modifications to the CBSC by ordinance. Modifications are allowed only to address local climatic,
geological, or topographical conditions based on specific findings.
On January 1, 2017, the 2016 editions of the Building Codes will go into effect in Saratoga and
throughout the State. The attached ordinance makes key provisions of the CBSC a part of the Saratoga
Code and modifies the CBSC as needed to reflect local conditions in Saratoga.
The CBSC is compiled and published by the California Building Standards Commission. The CBSC
compiles a number of specific codes cities must enforce: the Building Code, Residential Building Code,
Plumbing Code, Fire Code, Mechanical Code, Energy Code, and Electrical Code even where the local
City Code has not been revised to reflect the requirements of those codes. To avoid confusion, the
Saratoga City Code adopts these portions of the CBSC by reference. In addition, the City of Saratoga has
traditionally adopted the CBSC Fire Code by reference. (The Building, Residential Building, Plumbing,
Mechanical, Energy, Electrical, Green Building Standards, and Fire Codes are referred to collectively in
this staff report as the “Building Codes.”)
City staff, in consultation with its certified Building Plan Check Consultants, the Santa Clara County Fire
Department and other local West Valley Building Officials, has reviewed the 2016 California Building
Standards Code and recommends that:
1. The City adopt the 2016 California Code of Regulation Title 24, California Building Standards
Commission Part 1 (California Administrative Code), Part 2 (Building Code volumes 1 and 2),
Part 2.5 (California Residential Code), Part 3 (California Electrical Code), Part 4 (California
Mechanical Code), Part 5 (California Plumbing Code), Part 6 (California Energy Code), Part 8
(California Historic Building Code), Part 9 (California Fire Code), Part 10 (California Existing
Building Code), Part 11 (California Green Building Standards Code), Part 12 (California
Reference Standards Code) by reference;
2. The City adopt certain appendices to the California Building, Plumbing, Mechanical, and Fire
Codes (these take effect only if adopted by the City);
3. The City adopt various modifications to the 2016 California Building Standards Code that are
reasonably necessary because of local climatic, geological, and topographical conditions; and
4. The City adopt the 2016 California Fire Code by reference and make modifications to that Fire
Code recommended by the Fire Chief and Fire Marshal as being reasonably necessary because of
local climatic, geological, and topographical conditions.
The attached ordinance (Attachment 2) would implement these recommendations. The attached resolution
(Attachment 1) describes the modifications to the Building Codes that are proposed in the ordinance and
sets forth reasons why these modifications are reasonably necessary because of local climatic, geological,
or topographical conditions. The resolution would be adopted concurrently with the ordinance.
SUMMARY OF ORDINANCE AND RESOLUTION:
The attached ordinance amends Chapter 16 (“Building Regulations”) of the Saratoga City Code. Section 1
of the ordinance explains that the State of California has adopted the Building Codes and explains the
process, consistent with the State’s statutory requirements, by which the City will adopt and modify the
Building Codes.
Section 2 of the ordinance adopts and modifies the 2016 editions of the Building Codes. The ordinance
reflects all these adoptions and modifications as they will appear in the Saratoga City Code.
90
The specific provisions adopted and modified by the ordinance are listed below and summarized in more
detail in the Resolution Summary Matrix (Attachment 1) to this Staff Report.
2016 CA Building Code--The 2016 California Building Code is adopted and modified in Article 16-15
of the Saratoga City Code. The modifications made to the 2016 California Building Code in Article 16-15
(“Building Code”) are detailed in the draft ordinance.
2016 CA Residential Code--The 2016 California Residential Code is adopted and modified in Article 16-
18 of the Saratoga City Code. The modifications made to the 2016 California Residential Code in Article
16-18 (“Residential Code”) are detailed in the draft ordinance.
2016 CA Electrical Code--The 2016 California Electrical Code is adopted in Article 16-35 of the
Saratoga City Code. No modifications are proposed to Electrical Code.
2016 CA Mechanical Code--The 2016 California Mechanical Code and all its appendices are adopted in
Article 16-30 of the Saratoga City Code. No modifications are proposed to the Mechanical Code or its
appendices.
2016 CA Plumbing Code--The 2016 California Plumbing Code and Appendices are adopted in Article
16-25 of the Saratoga City Code. No modifications are proposed to the Plumbing Code or its appendices.
2016 CA Energy Code—The California Energy Code is adopted in Article 16-51 of the Saratoga City
Code. No modifications are proposed to the EnergyCode or its appendices
2016 CA Historic Building Code—The California Historic Building Code is adopted by reference.
2016 CA Fire Code—The 2016 California Fire Code and Appendices are adopted and modified in Article
16-20 of the Saratoga City Code. The modifications made to the 2016 California Fire Code in Article 16-
20 (“Fire Code”) are detailed in the draft ordinance. A notable revision reduces the amount of roof area
(from 50 percent to 10 percent) which could be replace before triggering a requirement to upgrade the
entire roof to a Class A roof. Given the large percentage of the Saratoga classified by the State as a high
fire area staff considered this revision reasonable. Another significant revision also set up new standards
for mobile refueling operators.
2016 CA Existing Building Code— The 2016 California Existing Building Code by reference.
2016 CA Green Building Standards Code--The 2016 California Green Building Standards Code is
adopted in Article 16-49 of the Saratoga City Code. No modifications are proposed to the Green Building
Standards Code.
2016 CA Referenced Standards Code – The 2016 California Referenced Standards Code is adopted by
reference.
ENVIRONMENTAL DETERMINATION:
The proposed modifications to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only
to projects which have the potential of causing a significant effect on the environment.
ATTACHMENTS:
1.Resolution w/ Summary Matrix
2.Ordinance 91
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING
FINDINGS O F FACT REGARDING THE NEED FOR THE MODIFICATIONS TO THE
PROVISIONS OF THE 2016 CALIFORNIA BUILDING STANDARDS CODE
MADE IN THE SARATOGA CITY CODE
WHEREAS, California Health and Safet y Code Section 18938 makes certain provisions
published in the California Building Standards Code pursuant to Health and Safety Code Section
17922 applicable to all occupancies throughout the state and effective one hundred eight y days
after publication by the California Building Standards Commission (“Commission”), or at a later
date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958 permits cities to amend the
requirements of the California Building Standards Code in accordance with Health and Safety Code
Sections 17958.5 and 17958.7; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting provisions
of the California Building Standards Code to make such modifications in such provisions as the city
determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary because
of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making
modifications pursuant to Health and Safety Code Section 17958.5, must make an ex press finding
that such modifications are reasonably necessar y because of local climatic, geological, or
topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, modifications pursuant to
Health and Safet y Code Section 17958.5 may not become effective until the required findings and
the modifications have been filed with the California Building Standards Commission; and
WHEREAS, the City Council of the City of Saratoga (“City Council”) intends to adopt an
ordinance adopting b y reference certain provisions of the California Building Standards Code and
making modifications to certain of those provisions pursuant to Health and Safety Code Section
17958.5 (“Building Regulations Adoption Ordinance”); and
WHEREAS, the City Council has reviewed Attachment 1, which sets forth the reasons for
the proposed modifications to the California Building Standards Code contained in the Building
Regulations Adoption Ordinance.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereb y declare
and find that the changes to the provisions of the California Building Standards Code set forth in
the Building Regulations Adoption Ordinance are reasonabl y necessar y because of local climatic,
geological, or topographical conditions set forth in Attachment 1 in accordance with Health and
Safet y Code Section 17958.7; and
BE IT FURTHER RESOLVED that a copy of this Resolution, including Attachment 1,
92
shall be filed with the California Building Standards Commission in accordance with Health and
Safet y Code Section 17958.7.
PASSED AND ADOPTED by the City Council of the City of Saratoga at a regular
meeting of the Saratoga City Council held on the 16th day of November 2016 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED
E. Manny Capello, Mayor
ATTEST
DATE:
Crystal Bothelio, City Clerk
93
ATTACHMENT 1
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2016 CALIFORNIA RESIDENTIAL CODE TO BE
ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
The City of Saratoga makes the following findings regarding the need for amending the
2016 California Residential Building Code:
FINDING 1: C LIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds, and warm temperatures during the summer months creating conditions that
are particularl y conducive to the ignition and spread of grass, brush, and structure fires.
FINDING 2: TOPOGRAPHICAL CONDITIONS: The remoteness and steepness of
hillside areas in the City along with long, narrow roadways significantly impact the ability of
emergency responders to extinguish or control wildland or structure fires.
The landscape of Saratoga also includes steep slopes susceptible to erosion, especiall y
during the rainy season. Areas of critically expansive soil and other unstable soil conditions
create a need for soil retention and the diversion or increased flow of surface waters, particularl y
on steep slopes.
FINDING 3: SEISM IC CONDITIONS: The City of Saratoga’s dense population is
located in an area of high seismic activity, as indicated by the United States Geological Survey
and the California Division of Mines and Geology. Recent earthquake activities, including the
1989 Loma Prieta earthquake, have indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearb y structures. The City’s adjacency to
active earthquake faults also means that building work must be completed in a timely fashion to
minimize the danger to the public health, safet y, and welfare.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2016 California Residential Building Code and states which of the findings above and other
conditions make the amendment reasonably necessary.
94
Amended
Sections of
the 2016 CA
Residential
Building
Code
Applicable
Section of
Saratoga
Building Code
Ordinance
Explanation Findings
R313.1 16-18.025(a) Amendment
requested by Fire
District requires fire
sprinklers for
townhouses (new or
existing if an addition
is greater than 1,000)
and structure is 3,600
s.f. or greater.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as automatic sprinkler
systems are necessar y. The ability of
automatic sprinklers to get water on
a fire early also reduces the fire flow
demand and the need for multiple
hydrants.
R313.2 16-18.025(b) Amendment
requested by Fire
District requires fire
sprinklers for one-
and two- famil y
dwellings (new or
existing if an addition
is greater than 1,000)
and structure is 3,600
s.f. or greater; also
for new basements or
additions greater
than.
Findings Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as automatic sprinkler
systems are necessar y. The ability of
automatic sprinklers to get water on
a fire early also reduces the fire flow
demand and the need for multiple
hydrants.
R337.7.9 16-18.030(a) Amendment
requested by Fire
District clarifies
when minimum fire
resistance for soffits,
eaves, and other
projections is
required.
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
R337.10.3.2 16-18.030(b) Deletes Section
R327.10.3.2 which
is duplicated in other
Code Section
This section is unnecessary, as the
requirements are already specified in
CBSC 701.A.3.
R337.10.4 16-18.030(c) Amendment
requested by Fire
District clarifies
when minimum fire
resistance for
accessory structures
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
95
R403.1.3 16-18.035(a) Suggested by Building
Officials Code Group
to require foundation
reinforcement to
ensure seismic stability
during earthquakes.
Finding No. 3. This proposed
amendment to the CRC is made to
be consistent with Tri Chapter
Uniform Code Committee
amendment 3 that modifies the plain
concrete provisions in CBC Section
1908.1,8 and American Concrete
Institute 318 Section
22.10.1.
This proposed amendment addresses
the problem of poor performance of
plain or under-reinforced concrete
footings during a seismic event. This
amendment reflects the
recommendations b y the Structural
Engineers Association of Southern
California (SEAOSC) and the Los
Angeles City Joint Task Force that
investigated the poor performance of
plain and under-reinforced concrete
footings observed in 1994
Northridge earthquake.
R602.10.2.1
and Table
R602.10.1.2(2)
16-18.040(a) Suggested by
Building Officials
Code Group to
specify how wall
boards are
installed to ensure
seismic stability
during
earthquakes
Finding No. 3. The proposed
amendment addresses the problem of
poor performance of gypsum
wallboard and Portland cement
plaster as wall bracing materials in
high seismic areas. This amendment
reflects the recommendations by the
Structural Engineers Association of
Southern California (SEAOSC) and
the Los Angeles City Joint Task
Force that investigated the poor
performance of these bracing
materials that were observed in 1994
Northridge earthquake.
R902.1.4 16-18.045(b) Amendment
requested by Fire
District requires Class
A flame retardant
roof when replacing
10-percent or more of
existing roof in
Wildland-Urban
Interface Area.
Threshold was 50
percent.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
96
R902.1.3 16-18.045(a) Amendment
requested by Fire
District requires
Class A flame
retardant roof when
replacing 10-percent
or more of existing
roof in non-
Wildland-Urban
Interface. Threshold
was 50 percent..
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
97
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2016 CALIFORNIA BUILDING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE
OF THE CITY OF SARATOGA
The City of Saratoga makes the following findings regarding the need for amending the
2016 California Building Code:
FINDING 1: C LIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds, and warm temperatures during the summer months creating conditions are
particularl y conducive to the ignition and spread of grass, brush, and structure fires.
FINDING 2: TOPOGRAPHICAL CONDITIONS: The remoteness and steepness of
hillside areas in the City along with long, narrow roadways significantly impact the ability of
emergency responders to extinguish or control wildland or structure fires.
The landscape of Saratoga also includes steep slopes susceptible to erosion, especiall y
during the rainy season. Areas of critically expansive soil and other unstable soil conditions
create a need for soil retention and the diversion or increased flow of surface waters, particularl y
on steep slopes.
FINDING 3: SEISM IC CONDITIONS: The City of Saratoga’s dense population is
located in an area of high seismic activity, as indicated by the United States Geological Survey
and the California Division of Mines and Geology. Recent earthquake activities, including the
1989 Loma Prieta earthquake, have indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearb y structures. The City’s adjacency to
active earthquake faults also means that building work must be completed in a timely fashion to
minimize the danger to the public health, safet y, and welfare.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2016 California Building Code and states which of the findings above and other conditions make
the amendment reasonably necessar y.
Amended
Sections of
the 2016 CA
Building
Code
Applicable
Section of
Appendix A to
Ordinance
Explanation Findings
107.5 16-15.025 (a) Specifies
requirement for
retention of plans
by City and
provision of plans
to applicant.
Finding No. 3. The City of Saratoga
is adjacent to active earthquake faults
capable of producing substantial
seismic events. It is necessary for one
set of plans to be retained on the work
site at all times so that detailed
inspections to ensure compliance with
seismic standards can be carried out.
This provision is identical to the
provisions of the 2010 Saratoga
Building Code, so no new findings
are necessary. 98
105.5 16-15.030(a) Specifies 180-day
expiration of permits.
Finding No. 3. Given the City of
Saratoga’s
adjacency to active earthquake faults
capable of producing substantial
seismic events, building work must
be completed in a timely fashion to
minimize the danger to the public
health, safet y, and welfare. This
provision is identical to the
provisions of the 2010 Saratoga
Building Code, so no new findings
109.2.1 16-15.040(a) Adds a new
subsection to the
2016 CA Building
Code to make it clear
the city can prescribe
reasonable fees to
defray the cost of
regulation. Adds
provisions for permit,
investigation, plan
review, and other
additional fees.
The City of Saratoga may prescribe
fees to defray the cost of enforcement
of rules and regulations promulgated
by the Department of Housing and
Community Development under the
terms of Sec. 109.2 of the 2016 CA
Building Code. These fees will be set
by the City Council of Saratoga to
ensure they are reasonably necessary
given the cost of regulation to the
City. This provision is identical to
the provisions of the 2010 Saratoga
Building Code, so no new findings
are necessary.
1505.1.4 16-15.045(b) Revision to the
building code that
maintains
consistency with
requested Fire
Code Class A
requirement
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
1505.1.3 16-15.045(a) Revision to the
building code that
maintains consistency
with requested Fire
Code Class A
requirement
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
1705.3 16-15.065 Adds language
excepting special
inspections and tests
for specific designs.
Finding No. 3. In order to improve
quality control during construction to
allow for special inspection and
exceptions to special inspection for
seismic concerns.
99
1905.1.7 16-15.070 Specifying exceptions
to structures (footings)
assigned to seismic
design categories
Finding No. 3. The proposed
amendment addresses the problem of
poor performance of plain or under-
reinforced concrete footings during a
seismic event.
707A.9 16-15.050(a) Revision to the
building code that
maintain
consistency with
Fire Code
revision regarding
fire resistance for
soffits, eaves, and
other projections
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
710A.3.1 16-15.055(a) Deletes duplicate
Section of the 2016
CA Building Code
regarding accessor y
structures
This section is unnecessary, as the
requirements are already specified in
CBSC 701.A.3.
710A.4 16-15.055(b) Requires exteriors of
accessory structures to
be constructed of
noncombustible or
ignition-resistant
materials.
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
903.2 16-15.060(a) Revision to the
building code that
maintain consistency
with Fire Code revision
regarding fire
sprinklers.
Amendment to be consistent with
Fire District amendments
100
FINDINGS REGARDING THE NEED FOR AMENDMENTS
TO PROVISIONS IN THE 2016 CALIFORNIA FIRE CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE
OF THE CITYOF SARATOGA
The City of Saratoga makes the following findings regarding the need to amend the
2016
California Fire Code:
Finding No. 1 – Climatic Conditions: The City of Saratoga experiences low
humidity, high winds, and warm temperatures during the summer months creating
conditions which are particularly conducive to the ignition and spread of grass, brush, and
structure fires.
Finding No. 2 – Topographical Conditions: The remoteness and steepness of hillside
areas in the Cit y along with long, narrow roadways significantl y impact the ability of
emergenc y responders to extinguish or control wildland or structure fires.
Finding No. 3 – Seismic Conditions: The City of Saratoga is situated adjacent to
active earthquake faults capable of producing substantial seismic events. Should a significant
seismic event occur, uncontrolled hazardous materials releases and fires could pose the
greatest threat to the largest number of people. Since the City is divided by a freeway and
highway, a major earthquake would significantl y impact the ability of fire crews to respond
to emergencies should one or more roadways be blocked or damaged due to bridge collapse
or debris from falling structures. Additionally, fire suppression capabilities will be severely
limited should the water system be extensively damaged during the seismic event.
Therefore, in order to minimize the risks to persons and propert y due to potential
response delays and compromised fire suppression capabilities, mitigation measures are
necessary such as but not limited to; automatic fire suppression systems, controls for
hazardous materials, safety provisions in buildings for firefighters and additional fire
hydrants.
Additions and deletions to the 2016 California Fire Code are hereby determined to be
reasonabl y necessar y based on the above findings and apply to following amended, added, or
deleted sections:
105.1.7 – Construction Permit Fees (added)
105.1.8 – Operational Permit Fees (added)
105.6.8 – Compressed Gases (amended)
105.6.10 – Cryogenic Fluids (amended)
105.6.17 – Flammable and Combustible Liquid
105.6.50 – Day Care Facility (added)
105.6.51 – Institutional (added)
106.5 – Final Inspection (added)
109.4 – Violation Penalties (amended)
109.4.1 – Abatement of Violation (amended)
109.4.2 – Abatement of Hazard (amended)
311.1 – Vacant Premises (amended)
316.7 – Roof Guardrails at Interior Courts (added)
503.1 – Where Required (amended)
503.2.1 – Dimensions (amended)
503.2.2 – Authority (amended)
101
504.5 – Access Control Devices (added)
510.1.1 – Obstruction by new buildings (added)
605.13 – Immersion Heaters (added)
608.6.4 – Failure of Ventilation System (added)
806.1.1 – Display Inside Buildings (amended)
903.2 – Where Required (amended)
2803.8 – Fire Protection Water
Supply System (Added)
3304. – Fire Walls (added)
3311.1 – Stairways Required (amended)
3311.1.1 – Required Means of Egress (added)
4902 – Definition of Wildland-Urban Interface Fire Area (amended)
4906.2 – Hazardous Vegetation and Fuel Management Application (amended)
4907.1 – Defensible Space – General (amended)
4907.2 – Corrective Actions (added)
4908 – Fire Protection Plan (added)
– General (added)
– Content (added)
– Cost (added)
– Plan Retention (added)
4909 – Water Supply (added)
– General (added)
– Standby Power (added)
4910 – Ignition Source Control (added)
– Fireworks (added)
5003.9.11 – Fire Extinguishing Systems (added)
5601.1 – Explosives, Scope (amended)
5601.2 – Explosives
5601.1.3 – Fireworks (added)
5601.1.4 – Rocketry (added)
5601.5 – Small Arms Ammunition-General (added)
5601.5.1 – Packages (added)
5601.5.1.1 – Repackaging (added)
5601.5.1.2 – Damaged Packages (added)
5601.5.2 – Storage in Group R Occupancies (added)
5601.5.2.1 – Smokeless Propellants (added)
5601.5.2.2 – Black Powder (added)
5601.5.2.3 – Small Arms Primers (added)
5601.5.3 – Display and Storage in Group M Occupancies (added)
5601.5.3.1 – Display (added)
5601.5.3.1.1 – Smokeless propellant (added)
5601.5.3.1.2 – Black Powder (added)
5601.5.3.1.3 – Small Arms Primers (added)
5601.5.3.2 – Storage (added)
5601.5.3.2.1 – Storage of Smokeless Propellant (added)
5601.5.3.2.2 – Black Powder (added)
5601.5.3.2.3 – Small Arms Primers (added)
5704.2.7.5.8 – Overfill Prevention (amended)
5704.2.7.5.9 – Automatic Filling of Tanks (added)
5707 – On-demand Mobile Fueling (added)
– General
– Approval Required
– Mobile Fueling Vehicle
102
– Required Documents
– Safety and Emergency Response Plan
– Training Records
– Site Plan
– Mobile Fueling Areas
– Separation
– Sources of Ignition
– Equipment
– Dispensing Hoses and Nozzles
– Break-away Device
– Shut off Valve and Fuel Limit
– Fire Extinguisher
– Spill Kit
– Operations
– Dispensing Hose
– Drip Control
– Nighttime Deliveries
– Vehicle Lights
– Safety Cones
– Bonding
– Spill Reporting
– Training
103
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2016 CALIFORNIA MECHANICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE
OF THE CITYOF SARATOGA
No findings are necessary because the 2016 California Mechanical Code is being adopted
without modification.
104
PROVISIONS IN THE 2016 CALIFORNIA ELECTRICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2016 California Electrical Code is being adopted without
modification.
105
PROVISIONS IN THE 2016 CALIFORNIA PLUMBING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2016 California Plumbing Code is being adopted without
modification.
.
106
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2016 CALIFORNIA GREEN BUILDING STANDARDS
CODE TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
No findings are necessary because the 2016 California Green Building Standards Code is being
adopted without modification.
107
FIN DINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2016 CALIFORNIA ENERGY CODE TO BE ADOP TED BY
REFE RE N C E IN THE CITY CODE OF THE CITY OF SARATOGA
No findings are necessary because the 2016 California Energy Code is being adopted without
modification.
108
FIN DINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2016 CALI F ORNIA REFERENCED STANDARDS CODE
TO BE ADOP TED BY REFE RE N C E IN THE CITY CODE OF THE CITY OF
SARATOGA
No findings are necessary because the 2016 California Referenced Standards Code is being
adopted without modification.
109
2
Ordinance No.
An Ordinance Adopting the 2016 California Building, Residential, Electrical, Mechanical,
Plumbing, Fire, Energy, and Green Building Standards, and Referenced Standards Codes
with Modifications for Local Conditions and Making Certain Other Amendments to Chapter
16 (Building Regulations) of the City Code
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
A. The State of California has adopted the 2016 California Building Code (California Code of
Regulations, Title 24, Part 2, Volumes 1 and 2, based upon the 2015 International Building Code
as published by the International Code Council); the 2016 California Residential Code
(California Code of Regulations, Title 24, Part 2.5, based upon the 2015 International Residential
Code as published by the International Code Council); the 2016 California Electrical Code
(California Code of Regulations, Title 24, Part 3, based on the 2014 National Electrical Code as
published by the National Fire Protection Association); the 2016 California Mechanical Code
(California Code of Regulations, Title 24, Part 4, based on the American National Standard 2015
Uniform Mechanical Code); the 2016 California Plumbing Code (California Code of
Regulations, Title 24, Part 5, based on the American National Standard 2015 Uniform Plumbing
Code); the 2016 California Energy Code (California Code of Regulations, Title 24, Part 6); the
2016 California Historical Building Code(California Code of Regulations, Title 24, Part 8); the
2016 California Fire Code (California Code of Regulations, Title 24, Part 9, based on the 2015
International Fire Code as published by the International Code Council); the 2016 California
Existing Building Code, Title 24, Part 10 based on the 2015, International Existing Building
Code, as published by the International Code Council); the 2016 California Green Building
Standards Code (California Code of Regulations, Title 24, Part 11); and the 2016 California
Referenced Standards Code (California Code of Regulations, Title 24, Part 12). These Codes
shall hereinafter be referred to collectively as the “Building Codes.”
B. On October 28, 2016, a notice was published in a qualifying newspaper of general circulation
stating the time and place of the November 2, 2016 hearing and including a description the City
deemed sufficient to give notice of the purpose and subject matter of a proposed ordinance
adopting the Building Codes.
C. On November 2, 2016, the City Council of Saratoga held a duly noticed hearing and after
considering all testimony and written materials provided in connection with that hearing
introduced the ordinance adopting the Building Codes and waived the reading thereof.
Following public testimony and consideration, the City Council of Saratoga found that adoption
of the Building Codes was in the public interest. Except as to the additions, deletions, and
amendments hereinafter described, the Building Codes are hereby adopted and shall be the
Building Regulations of the City, effective January 1, 2017.
D. On October 28, 2016, at least one copy of the Building Codes certified as true copies by
the City Clerk was filed with the City Clerk for public inspection.
110
3
E. Additions, deletions, and amendments similar to those adopted in the City of Saratoga’s 2013
Building Regulations were and are deemed reasonably necessary because of local climatic,
geological, or topographical conditions pursuant to Government Code Section 17958.5.
Express findings that these modifications to the Building Codes were reasonably necessary
were filed upon the adoption of the City of Saratoga’s 2013 Building Regulations with the
California Building Standards Commission in accordance with California Health and Safety
Code Section 17958.7 and are available as a public record. Said additions, deletions,
amendments, and findings are hereby readopted.
F. The new additions, deletions, and amendments hereinafter described are hereby adopted and are
deemed reasonably necessary because of local climatic, geological, or topographical conditions
pursuant to Government Code Section 17958.5. Express findings that these modifications to the
Building Codes are reasonably necessary are hereby made and will be filed with the California
Building Standards Commission in accordance with California Health and Safety Code Section
17958.7 before this ordinance takes effect.
G. While the ordinance codified in this Article is in force, a true copy of the Building Codes shall be
kept for public inspection in the office of the Building Official and a reasonable supply of the
Building Codes shall be available for public purchase in the office of the City Clerk.
111
4
Section 2. Adoption.
Article 16-15 of the Saratoga City Code concerning the Building Code is hereby deleted in its
entirety and replaced with Article 16-15 attached in Appendix A.
Article 16-18 of the Saratoga City Code concerning the Residential Code is hereby deleted in
its entirety and replaced with Article 16-18 attached in Appendix A.
Article 16-20 of the Saratoga City Code concerning the Fire Code is hereby deleted in its
entirety and replaced with Article 16-20 attached in Appendix A.
Article 16-25 of the Saratoga City Code concerning the Plumbing Code is hereby deleted in
its entirety and replaced with Article 16-25 attached in Appendix A.
Article 16-30 of the Saratoga City Code concerning the Mechanical Code is hereby deleted in
its entirety and replaced with Article 16-30 attached in Appendix A.
Article 16-35 of the Saratoga City Code concerning the Electrical Code is hereby deleted in its
entirety and replaced with Article 16-35 attached in Appendix A.
Article 16-49 of the Saratoga City Code concerning the Green Building Standards Code is
hereby deleted in its entirety and replaced with Article 16-49 attached in Appendix A.
Article 16-51 of the Saratoga City Code concerning the Energy Code is hereby deleted in its
entirety and replaced with Article 16-51 attached in Appendix A.
Article 16-55 of the Saratoga City Code concerning the Referenced Standards Code is adopted
as shown in Article 16-55 attached in Appendix A.
Section 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt
under California Code of Regulations, Title 14, Section 15308 (the modifications are exempt
because they assure maintenance, restoration, enhancement, or protection of the environment) and
Section 15061(b)(3) (the modifications are exempt because it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment).
Section 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause, and phrase of this ordinance is severable and independent of every other section,
sub-section, sentence, clause, and phrase of this ordinance. If any section, sub-section, paragraph,
sub-paragraph, sentence, clause, or phrase is held invalid, the City Council declares that it would
have adopted the remaining provisions of this ordinance irrespective of the portion held invalid and
further declares its express intent that the remaining portions of this ordinance should remain in
effect after the invalid portion has been eliminated. 112
5
Section 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper
of general circulation of the City of Saratoga within fifteen days after its adoption.
- Continued Next Page -
113
5
The foregoing ordinance was introduced at the regular meeting of the City Council of the City of
Saratoga held on November 2, 2016, and was adopted by the following vote on November 16, 2016:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: E. Manny Capello
MAYOR OF THE CITY OF SARATOGA
ATTEST:
Crystal Bothelio
CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
114
APPENDIX A
Article 16-15 – Building Code
16-15.010 Adoption of 2016 California Building Code.
(a) The 2016 California Building Code, Title 24, Part 2, Volume 1 and 2, including appendices
F and I, referred to throughout this Chapter as the "Building Code," is hereby referred to and,
except as to additions, deletions and amendments hereinafter described, such code is hereby
adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the
Building Code of the City. In accordance with California Health and Safety Code Section
17958.7, express findings that modifications to the Building Code are reasonably necessary
because of local climatic, geological, or topographical conditions are either already on file with
the California Building Standards Commission or will be filed prior to the effective date of the
ordinance codified in this Article.
(b) At least one true copy of the Building Code has been on file with the City Clerk for fifteen
days prior to enactment of the ordinance codified in this Article. While the ordinance codified
in this Article is in force, a true copy of the Building Code shall be kept for public inspection
in the office of the Building Official. A reasonable supply of the Building Code shall be
available in the office of the City Clerk for public purchase.
The additions, deletions and amendments set forth in this Article are made to the Building Code,
as adopted by reference in Section 16-15.010(a).
16-15.025 Retention of plans.
(a) Section 107.5 of the Building Code is amended to read:
107.5 Retention of plans. One set of reviewed plans and specifications shall be returned to the
applicant and shall be kept on the site of the building or work at all times during which the
work authorized thereby is in progress. One set of reviewed plans, specifications, and
computations shall be retained by the building official as part of his permanent records.
16.15-030 Expiration of permits.
(a) Subsection 105.5 of the Building Code is amended to read:
105.5 Expiration of Permits.
(a) Every permit issued by the building official under the provisions of the Building
Code shall expire by limitation and become null and void if any one of the following
occurs:
(1) The building or work authorized by such permit is not commenced within 180
days from the date of such permit; or
(2) The building or work authorized by such permit is suspended or abandoned at
any time after the work is commenced for a period of 180 days; or
(3) The permittee fails or refuses to request an inspection required by Section 110 of
the Building Code within any period of 180 consecutive days after the work
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authorized by the permit is commenced. If the building official conducts such
inspection within such 180-day period, but declines to approve such inspection
without correction of specified items and subsequent re-inspection, then the building
permit shall not expire if such correction is made and passes re-inspection within 30
days after the end of the 180-day period described in this subsection.
(b) After such expiration, such work can be recommenced only upon reinstatement or issuance of a
new permit to do so. The plans and specifications for a reinstated permit or new permit shall
comply with all provisions of the City building code in effect at the time of reinstatement or
issuance of a new permit. A reinstatement or new permit may be issued as follows:
(1) Reinstatement. Expired Permits may be reinstated if an application for permit
reinstatement within 180 days of expiration, provided no changes have been made or
will be made in the original plans and specifications for such work, and provided
further that such suspension or abandonment under
(a)(2) above has not exceeded one year. The fee for issuance of a renewed permit
shall be one-half of the full permit fees (based upon the fee schedule adopted by the
City Council as of the time the reinstated permit is issued) if the reinstated permit is
applied for within 180 days after expiration of the prior permit.
(2) New Permit. A new permit may be issued following expiration of a building permit
as follows. An applicant may apply for a new permit at any time so long as any
underlying Design Review Approval, Use Permit, or other required planning approval
remains effective. The full permit fee shall apply to the new permit (based upon the fee
schedule adopted by the City Council as of the time the new permit is issued).
(c) Notwithstanding the foregoing provisions, upon written request by the applicant showing, to the
satisfaction of the building official, that the prior permit expired as a result of exceptional
circumstances beyond the reasonable control of the applicant, the building official may waive or
reduce the payment of a fee for issuance of the reinstated or new permit.
(d) The building official may decline to issue more than one reinstatement of a building permit if in
the judgment of the building official the work authorized by the original permit is not being
diligently prosecuted to completion. The building official may also condition any reinstatement to
assure diligent prosecution to completion or to prevent a nuisance. The building official may
approve no more than two reinstatements of a building permit.
(e) The building official may at any time exercise discretion to find that a building, structure, or work
for which a building permit has expired qualifies as an unsafe building, structure, or work and
proceed to abate any nuisance associated therewith.
(f) Where: (i) a building permit has expired; and (ii) the building, structure, or other work authorized
by such permit has not been completed; and (iii) no reinstated permit has been obtained within 180
days after expiration, then said building, structure, or work shall be conclusively presumed to be
unsafe; abandoned; a hazard to the public health, safety, and welfare; and a public nuisance.
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(g) The building official is authorized to exercise discretion to abate any public nuisance regarding any
unsafe building, structure, or work (including but not limited to one resulting under the preceding
paragraph) by repair, rehabilitation, demolition, or removal thereof by:
(1) Proceeding under the Building Code for the Abatement of Dangerous Buildings
(Article 16-45); or
(2) Proceeding under the following alternative method of enforcement where a
building, structure, or other work authorized by a building permit has not been
completed within 36 months of the date of issuance of the original permit, the
building official may abate such public nuisance by ordering and duly enforcing
repair, rehabilitation, demolition, or removal of the building, structure, or other work;
or construction of a fence or wall around the building, structure, or work so as to
obscure it from view; or construction of other structures or blockades to prevent
access to the building, structure, or other work by animals or humans.
16.15-040. Fees.
(a) Subsection 109.2 of the Building Code is amended to read:
109.2 Fees. The City of Saratoga may prescribe fees to defray the cost of enforcement of rules
and regulations promulgated by the Department of Housing and Community Development or set
forth in the Building Code. The amount of such fees shall not exceed the amount reasonably
necessary to administer or process permits, certificates, forms, or other documents or to defray
the costs of enforcement and shall be established by resolution of the City Council. The payment
of any fee shall not exempt any person from compliance with all other provisions of this code or
the technical codes nor from any penalty prescribed by law.
Permit Fees. The amount of the fees to be paid for each permit shall be established by
resolution of the City Council.
Investigation Fees. Whenever any work for which a permit is required by this code has
been commenced without first obtaining said permit, a special investigation shall be
made before a permit may be issued for such work. An investigation fee, in addition to
the permit fee, shall be collected whether or not a permit is then or subsequently issued.
The investigation fee shall be established by resolution of the City Council.
Plan Review Fees. When a plan or other data are required to be submitted by Section
107.1 of the Building Code, a plan review fee shall be paid at the time of submitting
plans and specifications for review. Said plan review fee shall be established by
resolution of the City Council. Where plans are incomplete or changed so as to
require additional plan review, an additional plan review fee shall be charged as
established by resolution of the City Council.
Expiration of Plan Review. Applications for which no permit is issued within 180 days
following the date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or destroyed by the
building official. The building official may extend the time for action by the applicant
for a period not exceeding 180 days on request by the applicant showing that
circumstances beyond the control of the applicant have prevented action from being
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taken. No application shall be extended more than once. In order to renew action on an
application after expiration, the applicant shall resubmit plans and pay a new plan review
fee.
Additional Fees. The City of Saratoga may prescribe any additional fees reasonably
necessary to cover the cost of administering this Article. Such fees shall be set forth in
the City of Saratoga Master Fee Schedule adopted by the City Council.
16.15-045. Roof coverings.
(a) Section 1505.1.3 of the Building Code is amended to read:
Roof coverings within all other areas. The entire roof covering of every existing
structure where more than 10 percent of the total roof area is replaced within any one-year
period; the entire roof covering of every new structure; and any roof covering applied in the
alteration, repair, or replacement of the roof of every existing structure shall be a fire-
retardant roof covering that is at least Class A.
(b) Section 1505.1.4 of the 2010 California Building Code is amended to read:
Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period; the entire roof covering of every new structure; and any
roof covering applied in the alteration, repair, or replacement of the roof of every existing
structure shall be a fire-retardant roof covering that is at least Class A and must also comply
with section 705A of the Building Code.
16-15.50 16-15.050 Underside of appendages.
(a) Section 707A.9 of the Building Code is amended to read:
707A.9 Underside of appendages. The underside of overhanging appendages shall be enclosed
to grade in accordance with the requirements of Chapter 7 of the Building Code or the underside
of the exposed underfloor shall consist of one of the following:
1. Noncombustible material;
2. Ignition-resistant material;
3. One layer of 5/8-inch Type X gypsum sheathing applied behind an exterior covering
on the underside of the floor projection;
4. The exterior portion of a 1-hour fire resistive exterior wall assembly applied to the
underside of the floor including assemblies using the gypsum panel and sheathing
products listed in the Gypsum Association Fire Resistance Design Manual; or
5. The underside of a floor assembly that meets the performance criteria in
accordance with the test procedures set forth in SFM Standard 12-7A-3.
Exception: Heavy timber structural columns and beams do not require protection.
16-15.055 Accessory structures.
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(a) Sections 710A.3.1 and 710A.3.2 of the Building Code are deleted in their entirety.
(b) Section 710A.4 of the Building Code is amended to read:
710A.4 Requirements. Accessory structures shall be constructed of noncombustible or ignition-
resistant materials.
16-15-060 Automatic Sprinkler Systems
Section 903.2 of the Building Code is amended to read:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and
structures shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 of the Building Code, whichever is the more restrictive. For the purposes of this
section, firewalls and fire barriers used to separate building areas shall be constructed in
accordance with the California Building Code and shall be without openings or penetrations.
1. In buildings other than residential buildings, which require the installation of fire sprinklers for
all new buildings according to the California Residential Code, an automatic sprinkler system
shall be provided throughout all new non-residential buildings and structures.
Exceptions:
a. Buildings and structures that do not exceed 1,000 square feet of building area and that are
not located in the Wildland-Urban Interface Fire Area.
b. Buildings and structures that are located in the Wildland-Urban Interface Fire Area and do
not exceed 500 square feet of building area.
c. Group S-2 or U occupancies that are not located in the Wildland-Urban Interface and
are used exclusively for vehicle parking and that meet all of the following conditions:
i. Noncombustible construction;
ii. Maximum building area does not exceed 5,000 square feet;
iii. Structure is open on three (3) or more sides; and
iv. Minimum of 10 feet separation from existing buildings unless area is
separated by fire walls complying with Section 706 of the Building Code.
2. An automatic sprinkler system shall be provided throughout existing buildings and structures
when alterations or additions are made that create conditions described in Sections 903.2.1
through 903.2.18 of the Building Code.
3. An automatic sprinkler system shall be provided throughout existing buildings and structures
when additions are made that increase the building area to more than 3,600 square feet.
Exception:
One or more additions made to a building after January 1, 2011, that do not total more than
1,000 square feet of building area.
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4. An automatic sprinkler system shall be provided throughout all new basements regardless of
size and throughout existing basements that are expanded by more than 50%.
5. Any change in the character of occupancy or in use of any building with a building area equal to
or greater than 3,600 square feet that, in the opinion of the fire code official or building official,
would place the building into a more hazardous division of the same occupancy group or into a
different group of occupancies and constitutes a greater degree of life safety or increased fire
risk, as defined herein, shall require the installation of an approved fire automatic fire sprinkler
system.
a. Life Safety – Increased occupant load, public assembly areas, public meeting areas,
churches, indoor amusement attractions, buildings with complex exiting systems due to
increased occupant loads, large schools/day-care facilities, large residential care facilities with
non-ambulatory patients.
b. Fire Risks – High-piled combustible storage, woodworking operations, hazardous operations
using hazardous materials, increased fuel loads (storage of moderate to highly combustible
materials), increased sources of ignition (welding, automotive repair with the use of flammable
liquids and open flames).
16-15.065 Concrete construction.
Section 1705.3 of the building Code is amended to read:
1705.3 Concrete construction.
Special inspections and tests of concrete construction shall be performed by this section and Table
1705.3.
Exception: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are
fully supported on earth or rock, where the structural design of the footing is based on a specified
compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2 Mpa).
16-15.070 Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
Section 1905.1.7 ACI 318, Section 14.1.4 of the Building Code is amended to read:
1905.1.7 Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural
plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided
the projection of the footing beyond the face of the supported member does not exceed the
footing thickness.
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Exception: In detached one- and two-family dwellings three stories or less in height, the
projection of the footing beyond the face of the supported member is permitted to exceed the
footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two
continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have
a total area of not less than 0.002 times the gross cross-sectional area of the footing. For
footings that exceed 8” inches (203 mm) in thickness, A minimum of one bar shall be
provided at the top and bottom of the footing. Continuity of reinforcement shall be provided
at corners and intersections.
Exception:
In detached one- and two-family dwellings three stories or less in height and constructed with
stud bearing walls, are permitted to have plain concrete footings with at least two continuous
longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area of less
than 0.002 times the gross cross–sectional area of the footing.
Article 16-18 – Residential Code
16-18.010 Adoption of 2016 California Residential Code.
(a) The 2016 California Residential Building Code, Title 24 part 2.5, referred to throughout this
Chapter as the "Residential Building Code," is hereby referred to and, except as to additions,
deletions, and amendments hereinafter described, such code is hereby adopted and made a part
hereof, the same as if fully set forth in this article, and shall be the Residential Building Code of
the City. In accordance with California Health and Safety Code Section 17958.7, express findings
that modifications to the California Building Standards Code are reasonably necessary because of
local climatic, geological, or topographical conditions are either already on file with the
California Building Standards Commission or will be filed prior to the effective date of the
ordinance codified in this Article.
(b) At least one true copy of the Residential Building Code has been on file with the City
Clerk for fifteen days prior to enactment of the ordinance codified in this Article. While the
ordinance codified in this Article is in force, a true copy of the Residential Building Code shall
be kept for public inspection in the office of the Residential Building Official. A reasonable
supply of the Residential Building Code shall be available in the office of the City Clerk for
public purchase.
(c) The additions, deletions, and amendments set forth in this Article are made to the
Residential Building Code, as adopted by reference in Section 16-18.010(a).
16-18.020 Enforcement of Title 24 of the California Code of Regulations.
(a) Title 24 of the California Code of Regulations, also known as the California Building
Standards Code, is in effect in the City of Saratoga as amended by this Article. The provisions
of Title 24 that are not adopted by reference or amended by this Article are enforced by the
City of Saratoga as laws of the State.
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16-18.025 Automatic sprinklers.
(a) Section R313.1 is amended to read:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler
system shall be installed in all new townhouses and in existing townhouses when additions are
made that increase the building area to more than 3,600 square feet. Exception: One or more
additions made to a building after January 1, 2011, that do not
total more than 1,000 square feet of building area.
(b) Section R313.2 is amended to read:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An
automatic residential fire sprinkler system shall be installed in one- and two-family
dwellings as follows:
1. In all new one- and two-family dwellings and in existing one- and two-family dwellings when
additions are made that increase the building area to more than 3,600 square feet. Exception: One
or more additions made to a building after January 1, 2011, that do not
total more than 1,000 square feet of building area.
2. In all new basements and in existing basements that are expanded.
Exception: Existing basements that are expanded by not more than 50%.
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16-18.030 Material and construction methods for exterior wildfire exposure.
(a) Section R337.7.9 “Underside of appendages” is amended as follows: Delete "When
required by the enforcing agency."
(b) Section R337.10.3.2 is deleted in its entirety.
(c) Section R337.10.4 is amended as follows: Delete "When required by the enforcing
agency."
16-18.035 Seismic reinforcing.
(a) Section R403.1.3 is amended to read:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1,
and D2, as established in Table R301.2(1) of the Residential Building Code, shall have minimum
reinforcement of at least two continuous longitudinal reinforcing bars, one top and one bottom
and not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches
(76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, D1, and D2, where a construction joint is created between a
concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than
4 feet (1,219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the
bottom of the footing, have a standard hook, and extend a minimum of 14 inches (357 mm) into
the stem wall.
In Seismic Design Categories D0, D1, and D2, where a grouted masonry stem wall is supported
on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more
than 4 feet (1,219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the
bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1, and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
Exception: In detached one- and two-family dwellings that are three stories or less in height
and constructed with stud bearing walls, isolated plain concrete footings supporting columns or
pedestals are permitted.
16-18.040 Limits on methods Gypsum Board (GB) and Portland Cement Plaster (PCP).
(a) Table R602.10.3 (3) is amended as follows:
Add a new footnote “e” to the end of Table R602.10.3 (3), to read:
e. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use
of Method PCP is limited to one-story single family dwellings and accessory structures.
Add the “f” footnote notation in the title of Table R602.10.3 (3) to read:
TABLE R602.10.3 (3)f
(b) Section R602.10.4.4 is added to read:
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R602.10.4.4 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2,
Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is
permitted to be installed when required by this Section to be placed on the opposite side of the
studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1,
and D2, the use of Method PCP is limited to one- story single family dwellings and accessory
structures.
16-18.045 Roof classification.
(a) Section R902.1.3 is amended to read:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing
structure where more than 10 percent of the total roof area is replaced within any one- year
period; the entire roof covering of every new structure; and any roof covering applied in the
alteration, repair, or replacement of the roof of every existing structure shall be a fire-retardant
roof covering that is at least Class A.
(b) Section R902.1.4. is amended to read:
R902.1.4 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period; the entire roof covering of every new structure; and any
roof covering applied in the alteration, repair, or replacement of the roof of every existing
structure shall be a fire-retardant roof covering that is at least Class A.
Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall also
comply with Section R337.5
Article 16-20 – Fire Code
16-20.010 - Adoption of the 2016 California Fire Code and International Fire Code.
The 2016 California Fire Code, Title 24 part 9, and the 2012 International Fire Code,
including Appendix Chapters B, C, and K are referred to and, except as to additions,
deletions, and amendments hereinafter described, are adopted and made a part hereof, the
same as if fully set forth in this Article. The California Fire Code and the International Fire
Code as adopted herein are hereinafter referred to collectively as the "Fire Code." In
accordance with California Health and Safety Code Section 17958.7, express findings that
modifications to the California Building Standards Code are reasonably necessary because
of local climatic, geological or topographical conditions are either already on file with the
California Building Standards Commission, or will be filed prior to the effective date of the
ordinance codified in this Article. At least one true copy of the Fire Code has been on file
with the City Clerk for fifteen days prior to enactment of the ordinance codified in this
Article. While the ordinance codified in this Article is in
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force, a true copy of the Fire Code shall be kept for public inspection in the office of the City
Building Official and the Chief. A reasonable supply of the Fire Code shall be available in the
office of the City Clerk for public purchase.
16-20.015 Enforcement of Title 24 of the California Code of Regulations.
Pursuant to the laws of the State of California, Title 24 of the California Code of Regulations, also
known as the California Building Standards Code, applies to all construction in the State of
California and is enforced by the City of Saratoga in accordance with State law. This and other
Articles of Chapter 16 of the Saratoga Code adopt certain provisions of Title 24 by reference and
make revisions to reflect local climatic, geological, or topographical conditions. The provisions of
Title 24 that are not adopted by reference or amended by this Article remain in effect as laws of the
State.
16-20.020 - Fire Department and Chief.
Fire protection is provided in the City of Saratoga by the Santa Clara County Fire Department and
the Saratoga Fire District. As used in the Fire Code, "Fire Department" refers to the Fire
Department that provides fire protection to the relevant location, and
"Chief" or "Fire Code Official" refers to the Chief of that Fire Department.
16-20.025 - Amendments to Chapter 57 of the Fire Code; Class I and Class II liquids. Flammable and
Combustible Liquids.
(a) Establishment of limits of districts in which storage of flammable or combustible
liquids in outside aboveground tanks is prohibited.
The limits referred to in Section 5704.2.9.6.1 of said Fire Code, in which the storage of flammable or
combustible liquids in aboveground tanks is prohibited, are established as to all locations within the
City of Saratoga that are residential or congested commercial areas as determined by the Fire Code
Official.
(b) Establishment of limits of districts in which storage of flammable or combustible
liquids in aboveground tanks is prohibited.
The limits referred to in Section 5706.2.4.4 of said Fire Code, in which the storage of flammable or
combustible liquids in aboveground tanks is prohibited, are established as to all locations of the City
of Saratoga that are residential or other locations as determined by the Fire Code Official.
16-20.030 - Amendments to Chapter 58 of the Fire Code; Cryogenic Fluids.
(a) Establishment of limits of districts in which the storage of stationary tanks of flammable
cryogenic fluids are to be prohibited.
The limits referred to in Section 5806.2 of said Fire Code, in which the storage of flammable
cryogenic fluids in stationary containers is prohibited, are established as to all locations of the City
of Saratoga that are residential and congested commercial areas as determined by the Fire Code
Official.
16-20.040 - Amendments to Chapter 61 of the Fire Code; Liquefied Petroleum Gases.
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(a) Establishment of limits in which storage of liquefied petroleum gases is prohibited.
The limits referred to in Section 6104.2 of said Fire Code, in which storage of liquefied
petroleum gas (LPG) is restricted, are established as to all locations within the City of
Saratoga that are residential or congested commercial areas as determined by the Fire Code
Official.
Exceptions: LPG may be used for industrial operations or when natural gas would not provide a
viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be
permitted if stored and handled in accordance with this Code. Facilities in commercial areas for
refueling portable or mobile LPG containers may be approved by the Fire Code Official on a case
by case basis.
16-20.050 - Amendments to Chapter 1, Division II of the Fire Code; Administration.
Section [A] 105.1.7 is added as follows:
[A] 105.1.7 Construction permit fees.
Construction permit fees and plan review fees for fire hydrant systems, fire extinguishing systems and
fire alarm systems shall be paid to the Fire Department in accordance with the following table based on
valuation. The valuation shall be limited to the value of the system for which the permit is being issued.
Plan review fees are 65% of the Permit Fee amount. For the purposes of determining the total fee amount
for each permit, the plan review fee shall be added to the Permit Fee.
TOTAL VALUATIONS PERMIT FEE
$1.00 TO $500.00 $23.50
$501.00 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for
each additional $100.00, or fraction thereof, to and
including $2,000.00
$2001.00 TO $25,000.00 $69.25 for the first $2,000.00 plus
$14.00 for each additional $1,000.00 or fraction
thereof, to and including $25,000.00
$25,001.00 TO $50,000.00 $391.25 for the first $25,000.00 plus
$10.10 for each additional$1,000.00, or fraction
thereof, to and including $50,000.00
$50,001.00 TO $100,000.00 $643.75 for the first $50,000.00 plus
$7.00 for each additional$1,000.00, or fraction
thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus
$5.60 for each additional$1,000.00, or fraction
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FACILITY TYPE PERMIT FEE
1. Institutional
A. More than 6 persons $75.00 - Annually
B. Over 50 persons $100.00 - Annually
2. Day Care Facilities
More than 6 clients $35.00 - Annually
3. Places of Assembly
A. 50-300 persons $50.00 - Annually
B. Over 300 persons $85.00 - Annually
4. Temporary Membrane Structures, Tents
and Canopies (Only those requiring permits
in accordance with Section 105.6.43)
$85.00 – Each occurrence
thereof, to and including $500,000.00
$500,001 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus
$4.75 for each additional$1,000.00, or fraction
thereof, to and including $1,000,000.00
$1,000,001 and up $5,608.75 for the first
$1,000,000.00 plus $3.15 for each
additional$1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at $50.00 for each
occurrence at the discretion of the fire code official.
Section [A] 105.1.8 is added as follows:
[A] 105.1.8 Operational permit fees. Operational permit fees shall be paid to the Fire
Department as follows:
Section 105.6.17 is amended as follows:
105.6.17 Flammable and combustible liquids.
An operational permit is required:
1. no change to current text…
2. no change to current text…
3. no change to current text…
4. no change to current text…
5. no change to current text…
6. no change to current text…
7. no change to current text…
8. no change to current text…
9. no change to current text…
10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial,
industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4 or to
engage in on-demand mobile fueling operations in accordance with Section 5707.
11. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor
vehicles, marine craft and other special equipment at commercial, industrial, governmental or
manufacturing establishments in accordance with Section 5706.5.4 or to utilize a site for on-
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demand mobile fueling operations in accordance with Section 5707.
Section [A] 105.6.50 is added as follows:
[A] 105.6.50 Day care facility. An operational permit is required to operate a business as a day care
facility for more than 6 people.
Section [A] 105.6.51 is added as follows:
[A] 105.6.51: Institutional. A permit is required to operate, maintain, or use any institutional type
occupancy. For the purpose of this Section, an institution shall be, but is not limited to: hospitals,
children’s homes, homes or institutions for insane or mentally retarded persons, homes or institutions
for the care of aged or senile persons, sanitariums, nursing or convalescent homes, certified family
care homes, residential care homes for the elderly, out of home placement facilities, halfway houses,
and day care nurseries or similar facilities of any capacity.
Section [A] 106.5 is added as follows:
[A] 106.5 Final Inspection. No final inspection as to all or any portion of a development shall be
deemed completed until the installation of the required fire protection facilities and access ways have
been completed and approved. No final certificate of occupancy may be granted until the Fire
Department issues notice of final clearance of such fire protection facilities and access ways to the
Building Department.
Section [A] 109.4 is amended to read as follows:
[A] 109.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply
with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the fire code official, or of a permit or certificate used
under provisions of this code, shall be guilty of a misdemeanor punishable by a fine of not more than
$1,000.00 or by imprisonment not exceeding 365 days or both such fine and imprisonment. Each day that
a violation continues after due notice has been served shall be deemed a separate offense.
[A] 109.4.1 Abatement of Violation. In addition to the imposition of the penalties herein described, the
fire code official is authorized to institute appropriate action to prevent unlawful construction or to
restrain, correct, or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop
an illegal act, conduct of business, or occupancy of a structure on or about any premises.
[A] 109.4.2 Abatement of Hazard.
(a) The maintenance of real property in violation of this code, or of any order of the Fire Department
pursuant hereto, is declared to be a public nuisance and is subject to abatement in accordance with
Article 3-15 of the Saratoga Municipal Code.
(b) Notwithstanding paragraph (a) of this Section, if real property is maintained in violation of this code
or any order of the Fire Department pursuant hereto and such violation constitutes, in the opinion of
the Fire Chief, a fire hazard of such a nature that immediate action is required to protect the public
health, safety, and welfare, the Fire Department may apply the emergency nuisance abatement
procedure set forth in Article 3-20 of the Saratoga Municipal Code and take all necessary and
immediate steps to abate the hazard without prior notice to the owner or occupant of the property. In
such an event, the Fire Chief shall perform the duties of the City Manager as described in Article 3-
20.
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(c) The cost of any abatement may be collected through the levy of a special assessment in
accordance with the applicable provisions of Article 3-15 or Article 3-20 of the Saratoga
Municipal Code. Such procedure is not intended to be exclusive, and the City or the Fire
Department may simultaneously or successively exercise any other rights and remedies provided
by law.
16-20.060 - Amendments to Chapter 2 of the Fire Code; Definitions Chapter 2
DEFINITIONS
SECTION 202 GENERAL DEFINITIONS
Amend the following definition to read:
CONTINUOUS GAS DETECTION SYSTEM.
An approved gas detection system where the analytical instrument is maintained in continuous
operation and sampling is performed without interruption. Analysis is allowed to be performed on
a cyclical basis at intervals not to exceed 30 minutes. In occupied areas where air is re-circulated
and not exhausted to a treatment system (e.g. breathing zone), the Chief may require a cyclical
basis at intervals not to exceed 5 minutes. The gas detection system shall be able to detect the
presence of a gas at or below the permissible exposure limit in occupiable areas and at or below ½
IDLH (or 0.05 LC 50 if no established IDLH) in unoccupiable areas.
16-20.070 - Amendments to Chapter 3 of the Fire Code; General Precautions Against Fire.
SECTION 311 VACANT PREMISES
Section 311.1 is amended to read:
311.1 General. Temporarily unoccupied buildings, structures, premises or portions thereof, including
tenant spaces, shall be safeguarded and maintained in accordance with Sections
311.1 through 311.4
SECTION 316 HAZARDS TO FIRE FIGHTERS
Section 316.7 is added as follows:
316.7 Roof Guardrails at Interior Courts.
Roof openings into interior courts that are bounded on all sides by building walls shall be
protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above
the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced
such that a 12-inch diameter sphere cannot pass through.
Exception:
Where the roof opening is greater than 600 square feet in area
16-20.090 - Amendments to Chapter 5 of the Fire Code; Fire Service Features. SECTION 503
FIRE APPARATUS ACCESS ROADS
Section 503.1 is amended to read:
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503.1 Where required.
Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1
through 503.1.3 and as per Fire Department Access Road Standards.
Section 503.2.1 is amended to read:
503.2.1 Dimensions.
Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096
mm), exclusive of shoulders, or as required by fire department access road standards, except for
approved security gates in accordance with Section 503.6, and an unobstructed vertical
clearance of 13 feet 6 inches (4115 mm).
Exception:
Where there are not more than two Group R, Division 3, or Group U occupancies, the access
road width may be modified by the Fire Code Official.
Section 503.2.2 is amended as follows:
503.2.2 Authority.
The fire code official shall have the authority to require or permit modifications to the required
access widths and/or vertical clearance where they are inadequate for fire or rescue operations
or where necessary to meet the public safety objectives of the jurisdiction.
SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS
Section 504.5 is added as follows:
504.5 Access Control Devices.
When access control devices including bars, grates, gates, electric or magnetic locks or similar
devices, which would inhibit rapid fire department emergency access to or within the building,
are installed, such devices shall be approved by the Fire Code Official. All electrically powered
access control devices shall be provided with an approved means for deactivation or unlocking
from a single location or otherwise approved by the Fire Code Official. Access control devices
shall also comply with Chapter 10 Egress.
SECTION 510 EMERGENCY RESPONDER RADIO COVERAGE
Section 510.1.1 is added as follows:
510.1.1 Obstruction by new buildings.
When it is determined that a new structure obstructs the line of sight emergency radio
communications to existing buildings or to any other locations, the developer of the structure
shall provide and install the radio retransmission equipment necessary to restore
communications capabilities. The equipment shall be located in an approved space or area
within the new structure.
16-20.100 - Amendments to Chapter 6 of the Fire Code; Building Services and Systems.
Section 605.13 is added as follows:
605.13 Immersion Heaters.
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All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be
provided with approved over-temperature controls and low liquid level electrical disconnects.
Manual reset of required protection devices shall be provided.
Section 608.6.4 is added as follows:
608.6.4 Failure of Ventilation System.
Failure of the ventilation system shall automatically disengage the charging system.
16-20.110 - Amendments to Chapter 8 of the Fire Code; Interior Finish, Decorative Materials and
Furnishings.
Section 806.1.1 is amended to read as follows:
Display inside buildings.
The display of Christmas trees and other decorative vegetation shall be in accordance with the
California Code of Regulations, Title 19, Division 1, §3.08 and Sections 806.1 through 806.5.
Exceptions:
1. Trees located in areas protected by an approved automatic sprinkler system in accordance
Section 903.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2.
2. Trees shall be allowed within dwelling units in Group R-2 occupancies.
16-20.120 - Amendments to Chapter 9 of the Fire Code; Fire Protection Systems.
Section 903.2 is amended to read:
903.2 Where required.
Approved automatic sprinkler systems in new and existing buildings and structures shall be
provided in the locations described in this Section or in Sections 903.2.1 through
903.2.19, whichever is the more restrictive. For the purposes of this section, firewalls and fire
barriers used to separate building areas shall be constructed in accordance with the California
Building Code and shall be without openings or penetrations.
1. In buildings other than residential buildings, which require the installation of fire sprinklers for all new
buildings according to the California Residential Code, an automatic sprinkler system shall be provided
throughout all new buildings and structures.
Exceptions:
a. Buildings and structures that do not exceed 1,000 square feet of building area and that are
not located in the Wildland-Urban Interface Fire Area.
b. Buildings and structures that are located in the Wildland-Urban Interface Fire Area and do
not exceed 500 square feet of building area.
c. Group S-2 or U occupancies that are not located in the Wildland-Urban Interface and used
exclusively for vehicle parking and meeting all of the following conditions:
i. Noncombustible construction;
ii. Maximum building area not to exceed 5,000 square feet;
iii. Structure is open on three (3) or more sides; and
iv. Minimum of 10 feet separation from existing buildings unless area is
separated by fire walls complying with CBC 706.
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2. An automatic sprinkler system shall be provided throughout existing buildings and structures when
alterations or additions are made that create conditions described in Sections 903.2.1 through 903.2.19.
3. An automatic sprinkler system shall be provided throughout existing buildings and structures, when
additions are made that increase the building area to more than 3,600 square feet. Exception:
One or more additions made to a building after January 1, 2011, that do not total more than 1,000
square feet of building area.
4. An automatic sprinkler system shall be provided throughout all new basements regardless of size and
throughout existing basements that are expanded by more than 50%.
5. Any change in the character of occupancy or in use of any building with a building area equal to or
greater than 3,600 square feet that, in the opinion of the fire code official or building official, would place
the building into a more hazardous division of the same occupancy group or into a different group of
occupancies and constitutes a greater degree of life safety or increased fire risk, as defined herein, shall
require the installation of an approved fire automatic fire sprinkler system.
a. Life Safety – Increased occupant load, public assembly areas, public meeting areas, churches,
indoor amusement attractions, buildings with complex exiting systems due to increased occupant
loads, large schools/day-care facilities, large residential care facilities with non-ambulatory
b. Fire Risks – High-piled combustible storage, woodworking operations, hazardous operations using
hazardous materials, increased fuel loads (storage of moderate to highly combustible materials),
increased sources of ignition (welding, automotive repair with the use of flammable liquids and
open flames).
16-20.130 – Amendments to Chapter 28 of the Fire Code; Lumber Yards and Woodworking
Facilities.
SECTION 2803 GENERAL REQUIREMENTS
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Section 2803.8 is added as follows:
2803.8 Fire Protection Water Supply System.
An approved fire protection water supply and hydrant system suitable for the fire hazard
involved shall be provided for open storage yards and processing areas. Hydrant systems shall be
installed in accordance with National Fire Protection Association Standard 24.
16-20.140 – Amendments to Chapter 33 of the Fire Code; Fire Safety During Construction and
Demolition.
SECTION 3304 PRECAUTIONS AGAINST FIRE
Section 3304.8 is added as follows:
3304.8 Fire Walls.
When firewalls are required, the wall construction shall be completed (with all openings
protected) immediately after the building is sufficiently weather-protected at the location of the
wall(s).
SECTION 3311 MEANS OF EGRESS
Section 3311.1 is amended to read:
[B] 3311.1 Stairways Required.
Each level above the first story in multi-story buildings that require two exit stairways shall
be provided with at least two usable exit stairways after the floor decking is installed. The
stairways shall be continuous and discharge to grade level. Stairways serving more than two
floor levels shall be enclosed (with openings adequately protected) after exterior
walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be
lighted and maintained clear of debris and construction materials at all times.
Exception:
For multi-story buildings, one of the required exit stairs may be obstructed on not more than
two contiguous floor levels for the purposes of stairway construction (i.e., installation of
gypsum board, painting, flooring, etc.).
Section 3311.1.1 is added as follows:
Section 3311.1.1 Required Means of Egress.
All buildings under construction shall have at least one unobstructed means of egress. All
means of egress shall be identified in the prefire plan as set forth in Section 3308.2 of the Fire
Code.
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16-20.150 - Amendments to Chapter 49 of the Fire Code; Requirements for Wildland- Urban
Interface Fire Areas.
Section 4902 as follows is amended to read:
SECTION 4902 DEFINITIONS
Amend definition of Wildland-Urban Interface Fire Area as follows:
Wildland-Urban Interface Fire Area is a geographical area identified by the state as a “Fire Hazard
Severity Zone” in accordance with the Public Resources Code Sections 4201 through 4204 and
Government Code Sections 51175 through 51189 or other areas designated by the enforcing agency to be
at a significant risk from wildfires. The Wildland-Urban Interface Fire Area shall be defined as all areas
within the City of Saratoga as set forth and delineated on the map entitled "Wildland-Urban Interface Fire
Area,” which map and all notations, references, data, and other information shown thereon are hereby
adopted and made a part of this chapter. The map properly attested, shall be on file in the Office of the
City Clerk of the City of Saratoga.
SECTION 4906 HAZARDOUS VEGETATION AND FUEL MANAGEMENT
Section 4906.2 is amended to read:
4906.2 Application.
Buildings and structures located in the following areas shall maintain the required
hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire
Protection as State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-high Fire Hazard Severity Zones
2. Land designated as a Very-high Fire Hazard Severity Zone or as a Wildland Urban
Interface Fire Area by the City of Saratoga.
SECTION 4907 DEFENSIBLE SPACE
Section 4907.1 is amended to read:
4907.1 General.
Defensible space will be maintained around all buildings and structures in Sate Responsibility
Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations”
California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code 51175
– 51189 and any local ordinance of the authority having jurisdiction. Defensible space shall also
be provided around water tank structures, water supply pumps and pump houses.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in the locally
adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire Hazard
Severity Zone and persons owning, leasing or controlling land adjacent to such buildings or
structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
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buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground
covers, provided that they do not form a means of rapidly transmitting fire from the native growth
to any structure.
2. Maintain additional effective defensible space by removing brush, flammable vegetation and
combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when required by the fire
code official due to steepness of terrain or other conditions that would cause a defensible space of
only 30 feet (9144 mm) to be insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or
structures and less than 18 inches (457 mm) in height above the ground need not be removed
where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of a
chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth.
6. Remove flammable vegetation a minimum of 30 feet around liquefied petroleum gas
tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings
or structures, or on decks or under eaves, canopies or other projections or overhangs. The storage
of firewood and combustible material within 19
the defensible space shall be located a minimum of 30 feet (6096 mm) from structures and
separated from the crown of trees by a minimum horizontal distance of 15 feet (4572 mm).
Exception: Firewood and combustible materials not for consumption on the premises shall be
stored as approved by the fire code official.
8. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways of non-fire-
resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover,
such as greengrass, ivy, succulents or similar plants used as ground cover, provided they do not
form a means of readily transmitting fire.
Section 4907.2 is added as follows:
4907.2 Corrective Actions.
The executive body is authorized to instruct the Fire Code Official to give notice to the owner of
the property upon which conditions regulated by Section 4907.1 of the Fire Code exist to correct
such conditions. If the owner fails to correct such conditions, the executive body is authorized to
cause the same to be done and make the expense of such correction a lien upon the property
where such conditions exist.
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Section 4908 is added as follows:
SECTION 4908 FIRE PROTECTION PLAN
4908.1 General.
When required by the code official, a fire protection plan shall be prepared.
4908.2 Content.
The plan shall be based upon a site-specific wildfire risk assessment that includes considerations
of location, topography, aspect, flammable vegetation, climatic conditions, and fire history. The
plan shall address water supply, access, building ignition and fire- resistance factors, fire
protection systems and equipment, defensible space, and vegetation management.
4908.3 Cost.
The cost of fire protection plan preparation and review shall be the responsibility of the
applicant.
4908.4 Plan Retention.
The fire protection plan shall be retained by the Fire Code Official.
Section 4909 is added as follows:
SECTION 4909 WATER SUPPLY
4909.1 General.
Buildings and structures, or portions thereof, hereafter constructed or relocated into or within the
Wildland-Urban Interface Fire Area shall be provided with fire protection water supplies in
accordance with Chapter 5 and Section 4910.2 of the Fire Code.
Exception:
Agricultural buildings and buildings containing only private garages, carports, or sheds with a
building area of not more than 500 square feet (56 m2).
4909.2 Standby Power.
Stationary water supply facilities within the wildland-urban interface area that are dependent on
electrical power to meet adequate water supply demands shall provide standby power systems in
accordance with the Electrical Code to ensure that an uninterrupted water supply is maintained.
The standby power source shall be capable of providing power for a minimum of two hours.
Exceptions:
1. When approved by the Fire Code Official, a standby power supply is not required where the
primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility serves
no more than one single-family dwelling.
Section 4910 is added as follows:
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SECTION 4910 IGNITION SOURCE CONTROL
4910.1 Fireworks.
Fireworks shall not be used or possessed in the Wildland-Urban Interface Fire
Area.
16-20.160 - Amendments to Chapter 50 of the Fire Code; Hazardous Materials-General
Provisions.
Section 5003.9.11 is added to the Fire Code as follows:
5003.9.11 Fire Extinguishing Systems for Workstations Dispensing, Handling, or Using
Hazardous Materials.
Combustible and non-combustible workstations, which dispense, handle, or use hazardous
materials, shall be protected by an approved automatic fire extinguishing system in
accordance with Section 2703.10.
Exception: Internal fire protection is not required for Biological Safety Cabinets that carry
NSF/ANSI certification where quantities of flammable liquids in use or storage within the
cabinet do not exceed 500 ml.
16-20.170 - Amendments to Chapter 56 of the Fire Code; Explosives and Fireworks.
Chapter 56 of the 2016 California Fire Code is not adopted with the exception of the following Sections:
Section 5601.1 is adopted and amended to read:
Scope.
For explosives requirements, see California Code of Regulations, Title 19, Division 1, Chapter
10 and section 5601.2 of this chapter. For fireworks requirements, see California Code of
Regulations, Title 19, Division 1, Chapter 6 and section 5601.3 of this chapter. For small arms
ammunition, see Section 5601.5 of this chapter.
Exceptions:
1. The Armed Forces of the United States, Coast Guard, or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The use of explosive materials by federal, state, and local regulatory, law
enforcement, and fire agencies acting in their official capacities.
4. Items preempted by federal regulations.
Section 5601.2 is amended as follows:
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Explosives.
The possession, manufacture, storage, sale, handling, and use of explosives are
prohibited.
Section 5601.1.3 is amended as follows:
5601.1.3 Fireworks.
The possession, manufacture, storage, sale, handling, and use of fireworks, including those
fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.
Exceptions:
1. Storage and handling of fireworks as allowed in Section 5604.
2. Manufacture, assembly and testing of fireworks as allowed in Section 5605 and
Health and Safety Code Division 11.
3. The use of fireworks for fireworks displays, pyrotechnics before a proximate
audience and pyrotechnic special effects in motion pictures, television theatrical or
group entertainment productions as allowed in Title 19, Division 1, Chapter 6
Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.
Section 5601.1.4 is amended as follows:
5601.1.4 Rocketry.
The storage, handling, and use of model rockets shall be in accordance with Title 19 of the
California Code of Regulations and as approved by the fire code official.
Sections 5601.5 through 5601.5.3.2.3 is added as follows:
5601.5 Small Arms Ammunition-General. Indoor storage and display of black powder,
smokeless propellants and small arms ammunition shall comply with Sections 5601.5.1
through 5601.5.4.2.3.
5601.5.1 Packages. Smokeless propellants shall be stored in approved shipping
containers conforming to DOT n 49 CFR, Part 173.
5601.5.1.1 Repackaging. The bulk repackaging of smokeless propellants, black
powder and small arms primers shall not be performed in retail establishments.
5601.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Exception: Approved repackaging of damaged containers of smokeless propellant into
containers of the same type and size as the original container.
5601.5.2 Storage in Group R occupancies. The storage of small arms ammunition in
Group R occupancies shall comply with Sections 5601.5.2.1 through 5601.5.2.3.
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5601.5.2.1 Smokeless propellants. Smokeless propellants intended for personal use
in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3
occupancies where kept in original containers. Smokeless powder in quantities
exceeding 20 pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be
stored in Group R-3 occupancies where kept in a wooden box or cabinet having walls of
at least 1 inch (25 mm) nominal thickness.
5601.5.2.2 Black powder. Black powder intended for personal use in quantities not
exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where
kept in original containers and stored in a wooden box or cabinet having walls of at least
1 inch (25 mm) nominal thickness
5601.5.2.3 Small arms primers. No more than 10,000 small arms primers shall be
stored in Group R-3 occupancies.
5601.5.3 Display and storage in Group M occupancies. The display and storage of
small arms ammunition in Group M occupancies shall comply with Sections 5601.5.3.1
through 5601.5.3.2.3.
5601.5.3.1 Display. The display of small arms ammunition in Group M occupancies
shall comply with Sections 5601.5.3.1.1 through 5601.5.3.1.3.
5601.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of smokeless
propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be
displayed in Group M occupancies.
5601.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black powder shall be
displayed in Group M occupancies.
5601.5.3.1.3 Small arms primers. No more than 10,000 small arms primers shall be
displayed in Group M occupancies.
5601.5.3.2 Storage. The storage of small arms ammunition in Group M occupancies
shall comply with Sections 5601.5.3.2.1 through 5601.5.3.2.3.
5601.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of smokeless
propellants not on display shall not exceed 100 pounds (45 kg). Quantities exceeding
20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable
wooden boxes having walls of at least 1 inch (25 mm) nominal thickness.
5601.5.3.2.2 Black powder. Commercial stocks of black powder not on display shall
not exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine. When
black powder and smokeless propellants are stored together in the same magazine, the
total quantity shall not exceed that permitted for black powder.
5601.5.3.2.3 Small arms primers. Commercial stocks of small arms primers not on
display shall not exceed 750,000. Storage shall be arranged such that not more than
100,000 small arms primers are stored in any one pile and piles are at least 15 feet
(4572 mm) apart.
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16-20.180 - Amendments to Chapter 57 of the Fire Code; Flammable and Combustible Liquids.
SECTION 5704 STORAGE
(a) Section 5704.2.7.5.8 is amended to read:
5704.2.7.5.8 Overfill Prevention.
An approved means or method in accordance with Section 5704.2.9.7.6 shall be provided to
prevent the overfill of all Class I, II, and IIIA liquid storage tanks. Storage tanks in refineries,
bulk plants, or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection
in accordance with API 2350. An approved means or method in accordance with Section
5704.2.9.7.6 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks
connected to fuel burning equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less
provided an independent means of notifying the person filling the tank that the fluid level has
reached 90 percent of tank capacity by providing an audible or visual alarm signal, or
providing a tank level gauge marked at 90 percent of tank capacity.
(b) Section 5704.2.7.5.9 is added as follows:
Automatic Filling of Tanks.
Systems that automatically fill flammable or combustible liquid tanks shall be equipped with
overfill protection, approved by the Fire Code Official, which sends an alarm signal to a
constantly attended location and immediately stops the filling of the tank. The alarm signal
and automatic shutoff shall be tested on an annual basis and records of such testing shall be
maintained on-site for a period of five (5) years.
Section 5707 is added to read:
SECTION 5707 – ON-DEMAND MOBILE FUELING
5707.1 General. On-demand mobile fueling operations that dispense Class I, II, and III liquids
into the fuel tanks of motor vehicles shall comply with Sections 5707.1 through 5707.7.
Exception: Fueling from an approved portable container in cases of an emergency or for personal
use.
5707.1.1 Approval required. Mobile fueling operations shall not be conducted without first
obtaining a permit and approval from the fire code official. Mobile fueling operations shall occur
only at approved locations.
5707.2 Mobile fueling vehicle. An on-demand mobile fueling vehicle shall be one of the
following:
1. A tank vehicle complying with NFPA 385 that has chassis-mounted tanks or containers
where the aggregate cargo capacity does not exceed 1200 gallons (4542 L).
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2. A vehicle with one or more chassis-mounted tanks or containers that do not exceed 110
gallons (415 L) individual capacity and having an aggregate capacity that does not exceed
1200 gallons (4542 L).
3. A vehicle that carries a maximum of 60 gallons (227 L) of motor fuel in metal safety cans
listed in accordance with UL 30 or other approved metal containers each not to exceed 5
gallons (19 L) in capacity.
The mobile fueling vehicle shall comply with the requirements of all local, state and federal
requirements.
Mobile fueling vehicles with a chassis-mounted tank in excess of 110 gallons (415 L) shall
comply with the requirements of Section 5706.6, Section 5707, and NFPA 385.
The mobile fueling vehicle and its equipment shall be maintained in good repair.
Safety cans and approved metal containers shall be secured to the mobile fueling vehicle except
when in use.
5707.3 Required documents. Documents developed to comply with Sections 5707.3.1 through
5707.3.3 shall be updated as necessary by the owner of the mobile fueling operation and shall be
maintained in compliance with Section 107.3.
5707.3.1 Safety and emergency response plan. Mobile fueling operators shall have an approved
written safety and emergency response plan that establishes policies and procedures for fire
safety, spill prevention and control, personnel training and compliance with other applicable
requirements of this code.
5707.3.2 Training records. Training records of operators shall be maintained. Mobile fueling
vehicle operators shall possess evidence of training on proper fueling procedures and the safety
and emergency response plan.
5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling
occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines,
property lines, and appurtenances on site and their use or function; all uses adjacent to the lot
lines of the site; fueling locations, the locations of all storm drain openings and adjacent
waterways or wetlands; information regarding slope, natural drainage, curbing, impounding and
how a spill will be retained upon the site property; and the scale of the site plan.
5707.4 Mobile fueling areas. Mobile fueling shall not occur on public streets, public ways, or
inside buildings. Fueling on the roof level of parking structures or other buildings is prohibited.
5707.4.1 Separation. Mobile fueling shall not take place within 25 feet (7620 mm) of buildings,
property lines, or combustible storage.
Exception: The fire code official shall be authorized to decrease the separation distance for
dispensing from metal safety cans or other approved metal containers in accordance with Section
5707.2.
When dispensing operations occur within 15 feet (4572 mm) of a storm drain, an approved storm
drain cover or an approved equivalent method that will prevent any fuel from reaching the drain
shall be used.
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5707.4.2 Sources of ignition. Smoking, open flames, and other sources of ignition shall be
prohibited within 25 feet (7620 mm) of fuel dispensing activities. Signs prohibiting smoking or
open flames within 25 feet (7620 mm) of the vehicle and the point of fueling shall be prominently
posted on the mobile fueling vehicle. The engines of vehicles being fueled shall be shut off
during fueling.
5707.5 Equipment. Mobile fueling equipment shall comply with Sections 5707.5.1 through
5707.5.5.
5707.5.1 Dispensing hoses and nozzles. Where equipped, the dispensing hose shall not exceed
50 feet (15 240 mm) in length. The dispensing nozzles, and hoses and appurtenances shall be of
an approved and listed type.
5707.5.2 Break-away device. A listed break-away device shall be provided at the nozzle.
Exception: Mobile fueling vehicles equipped with an approved brake interlock tied to the nozzle
holder that prohibits movement of the mobile fueling vehicle when the nozzle is removed from its
holder.
5707.5.3 Shut off valve and fuel limit. Mobile fueling vehicles shall be equipped with a listed
shutoff valve assembly and a fuel limit switch set to a maximum of 30 gallons (116 L).
5707.5.4 Fire extinguisher. An approved portable fire extinguisher complying with Section 906
with a minimum rating of 4-A:80-B:C shall be provided on the mobile fueling vehicle with
signage clearly indicating its location.
5707.5.5 Spill kit. Mobile fueling vehicles shall contain a minimum 5 gallon (19 L) spill kit of an
approved type.
5707.6 Operations. Mobile fueling vehicles shall be constantly attended during fueling
operations with brakes set and warning lights in operation. Mobile fueling vehicles shall not
obstruct emergency vehicle access roads.
5707.6.1 Dispensing hose. Where equipped, mobile fueling vehicles shall be positioned in a
manner to preclude traffic from driving over the dispensing hose. The dispensing hose shall be
placed on an approved reel or in an approved compartment prior to moving the mobile fueling
vehicle.
5707.6.2 Drip control. Operators shall place a drip pan or an absorbent pillow under the nozzle
to catch drips and under each fuel fill opening prior to and during dispensing operations.
5707.6.3 Nighttime deliveries. Nighttime deliveries shall only be made in areas deemed
adequately lighted by the fire code official.
5707.6.4 Vehicle lights. The mobile fueling vehicle flasher lights shall be in operation while
dispensing operations are in progress.
5707.6.5 Safety cones. Safety cones or barriers shall be employed as warning devices to highlight
the vehicle fueling area.
5707.6.6 Bonding. A means for bonding the mobile fueling vehicle to the motor vehicle shall be
provided. Such bonding means shall be employed during fueling operations.
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5707.6.7 Spill reporting. Spills shall be reported in accordance with Section 5003.3.1.
5707.7 Training. Mobile fueling vehicles shall be operated only by designated personnel who are trained on proper fueling procedures and the safety and emergency response plan. The vehicle operator training shall be approved by the fire code official.
Article 16-25 – Plumbing Code
16-25.010 Adoption of the 2016 California Plumbing Code.
The 2016 California Plumbing Code, Title 24, Part 5, including Appendix Chapters A, B, C, D,
H, and I only, hereinafter referred to as the "Plumbing Code," is referred to and such code is
adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the
Plumbing Code of the City. At least one true copy of the Plumbing Code has been on file with
the City Clerk for fifteen days prior to enactment of the ordinance codified in this Article.
While the ordinance codified in this Article is in force, a true copy of the Plumbing Code shall
be kept for public inspection in the office of the Building Official. A reasonable supply of the
Plumbing Code shall be available in the office of the City Clerk for public purchase.
Article 16-30 – Mechanical Code
16-30.010 Adoption of the 2016 California Mechanical Code.
The 2016 California Mechanical Code, Title 24, Part 4, including all appendices, hereinafter
referred to as the "Mechanical Code," is referred to and such code is adopted and made a part
hereof, the same as if fully set forth in this Article, and shall be the Mechanical Code of the
City. At least one true copy of the Mechanical Code has been on file with the City Clerk for
fifteen days prior to enactment of the ordinance codified in this Article. While the ordinance
codified in this Article is in force, a true copy of the Mechanical Code shall be kept for public
inspection in the office of the Building Official. A reasonable supply of the Mechanical Code
shall be available in the office of the City Clerk for public purchase.
Article 16-35 Electrical Code
16-35.010 Adoption of the 2016 California Electrical Code.
The 2016 California Electrical Code, Title 24, Part 3, hereinafter referred to as the "Electrical
Code," is referred to and such code is adopted and made a part hereof, the same as if fully set
forth in this Article, and shall be the Electrical Code of the City. At least one true copy of the
Electrical Code has been on file with the City Clerk for fifteen days prior to enactment of the
ordinance codified in this Article.
While the ordinance codified in this Article is in force, a true copy of the Electrical Code
shall be kept for public inspection in the office of the Building Official. A reasonable supply
of the Electrical Code shall be available in the office of the City Clerk for public purchase.
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Article 16-49 – Green Building Standards Code
16-49.010 Adoption of the 2016 California Green Building Standards Code.
The 2016 California Green Building Standards Code, Title 24, Part 11, hereinafter referred to
as the "Green Building Standards Code," is referred to and such code is adopted and made a
part hereof, the same as if fully set forth in this Article, and shall be the Green Building
Standards Code of the City. At least one true copy of the Green Building Standards Code has
been on file with the City Clerk for fifteen days prior to enactment of the ordinance codified in
this Article. While the ordinance codified in this Article is in force, a true copy of the Green
Building Standards Code shall be kept for public inspection in the office of the Building
Official. A reasonable supply of the Green Building Standards Code shall be available in the
office of the City Clerk for public purchase.
Article 16-51 – Energy Code
16-51.010 Adoption of the 2016 California Energy Code.
The 2016 California Energy Code, Title 24, Part 6, hereinafter referred to as the Energy
Code," is referred to and such code is adopted and made a part hereof, the same as if fully set
forth in this Article, and shall be the Energy Code of the City. At least one true copy of the
Energy Code has been on file with the City Clerk for fifteen days prior to enactment of the
ordinance codified in this Article. While the ordinance codified in this Article is in force, a
true copy of the Energy Code shall be kept for public inspection in the office of the Building
Official. A reasonable supply of the Energy Code shall be available in the office of the City
Clerk for public purchase.
Article 16-55 – Referenced Standards Code
16-55.010 Adoption of the 2016 California Referenced Standards Code
The 2016 California Referenced Standards Code, Title 24, Part 12, hereinafter referred to as the
“Standards Code,” is referred to and such code is adopted and made a part hereof, the same as
if fully set forth in this Article, and shall be the Standards Code of the City. At least one true
copy of the Standards Code has been on file with the City Clerk for fifteen days prior to
enactment of the ordinance codified in this Article. While the ordinance codified in this Article
is in force, a true copy of the Standards Code shall be kept for public inspection in the office of
the Building Official. A reasonable supply of the Energy Code shall be available in the office
of the City Clerk for public purchase.
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SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:City Attorney’s Office
PREPARED BY:Richard Taylor, City Attorney
SUBJECT:Ordinance Enabling Bingo Events
RECOMMENDED ACTION:
Conduct public hearing; introduce and waive the first reading of the ordinance amending the City
Code to authorize the conduct of bingo games in Saratoga; and direct staff to place the ordinance
on the Consent Calendar for adoption at the next regular City Council Meeting.
BACKGROUND:
At the August 17, 2016 City Council Meeting, the City Council directed staff to prepare an
ordinance that would allow bingo games organized by Saratoga-based charitable organizations
qualified by State law to hold bingo events. Staff was further directed to draft the ordinance so it
would require that bingo events take place outside of commercial districts during reasonable
hours and subject to a simple online permitting process that requires annual reporting of event
dates,proceeds, and use of proceeds.
Per California State law, games of bingo in which people pay to win prizes is considered a
lottery or game of chance and therefore constitutes gambling. While gambling and lotteries are
generally prohibited, there are some exceptions. This includes an exception for various types of
organizations to use bingo for fundraising as long as the proceeds are used for charitable
purposes. This exception is only available in jurisdictions that have adopted an ordinance
specifically allowing bingo games to be conducted.
If adopted, this ordinance would allow organizations that meet the criteria established in
California Penal Code, Section 326.5 and have their primary place of business in Saratoga to
apply for a license to operate bingo games for charitable purposes. The ordinance establishes a
maximum fee of $50 for the license, which may be for a term of up to 3 years. Bingo games
would be prohibited in commercial zoning districts and between the hours of midnight and 9:00
a.m. and licensed organizations would be required to file reports by March 31 of each year that
outline the date and location of bingo events, proceeds from each event, and use of proceeds.
If the ordinance is adopted, staff will make an online application available before the ordinance
takes effect. 145
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A notice advertising the public hearing for this item was printed in the Saratoga News on October
21, 2016.
ATTACHMENTS:
Attachment A – Ordinance Establishing Section 4-10.030 Bingo
830085.1
146
1
ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING GAMES OF BINGO IN ACCORDANCE WITH STATE LAW AND
LOCAL CONDITIONS
The City Council of the City of Saratoga finds that:
1. Section 19 of Article IV of the California Constitution authorizes games of bingo under
certain conditions only if authorized by the city or county in which the game takes place.
Games of bingo, while susceptible to exploitation which is adverse to the public safety,
morals and general welfare, can also serve as an important revenue source for
organizations which provide a community benefit. Accordingly, it is in the best interest
of the public safety and convenience of this city to authorize such activity subject to
reasonable regulation by providing standards for the conduct of such games and to
provide a licensing procedure. The provisions of this ordinance are not intended to
conflict with, but shall supplement, all the laws of the state relating to lotteries, gambling,
and gaming.
2. The City Council of the City of Saratoga held a duly noticed public hearing on November
2, 2016, and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1.Adoption.
The Saratoga City Code is hereby amended to add the new section 4-10.030 as set forth in
Attachment A.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause
and phrase of this ordinance is severable and independent of every other section, sub-section,
paragraph, sub-paragraph,sentence, clause and phrase of this ordinance. If any section, sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid, and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed addition to the City Code isCategorically Exempt from the California Environmental
Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to
projects which have the potential of causing a significant effect on theenvironment. Where it can be
seen with certainty that there is no possibility that the activity in question may have a significant
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2
effect on the environment, the activity is not subject to CEQA. In this circumstance the addition to
the City Code would have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 2d day of November 2016 and was
adopted by the following vote on November 16, 2016 .
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
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Attachment A – Adding a new Section 4-10.030 to the City Code
4-10.030 Bingo
(a)Purpose and Application. In accordance with Section 19 of Article IV of the California
Constitution and Section 326.5 of the California Penal Code, this section allows the
conduct and operation of bingo games by certain organizations under conditions set forth
below. All words as used herein which are also used in Section 326.5 of the Penal Code
are used in the same sense and have the same meaning as do such words in Section 326.5
of the Penal Code.
(b)License. Charitable organizations which meet the criteria established in California Penal
Code, Section 326.5 and which have their primary place of business in Saratoga, may
apply for or renew a license to operate bingo games for charitable purposes upon
payment of a fee in an amount set forth in the City Fee Schedule and not exceeding
$50.00. The application shall contain all information necessary to establish the
qualification of the applicant and the location or locations where games will take place.
A license may be for a term of up to three years and may be renewed for subsequent three
year terms. Licenses are not transferable.
(c)Conditions of Operation. Organizations with a license to operate bingo games pursuant
to this section are authorized to do so in accordance with this section, the City Code, and
other applicable laws. Operation of any bingo game shall comply with the conditions and
provisions of California Penal Code, Section 326.5 and the following:
(1)No game shall occur in any zoning district designated as Commercial; and
(2)No game shall occur between the hours of midnight and 9:00 a.m.
(d)Reporting. All license holders shall submit an annual report not later than March 31 of
each year listing for the prior calendar year the dates and locations of each bingo event,
the proceeds from that event, the total proceeds for the year and the license holder’s use
of those proceeds. The city has the right to examine and audit the licensee’s records
pertaining to the matters in the annual report at any reasonable time within three years of
the date of the report, and the licensee shall fully cooperate with the city by retaining and
making such records and supporting data available to the City for the purpose of
determining whether the conduct of such bingo games complies with the this Code and
other applicable law. The use of funds from any bingo game shall comply with the
conditions and provisions of California Penal Code, Section 326.5.
(e)Enforcement. The City Manager may revoke any license issued under this section
whenever it appears to the City Manager that a licensee is conducting bingo games in
violation of any of the provisions of this chapter, or that the license was obtained by any
false representation. Violation of any of the provisions of this section is a misdemeanor
and may be enforced in accordance with Chapter 3 of this Code in addition to any other
remedies at law. The city may bring an action in a court of competent jurisdiction to
enjoin a violation of this section and Section 326.5 of the California Penal Code.
824899.4
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SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:City Attorney
PREPARED BY:Richard Taylor, City Attorney
Heather Minner, Deputy City Attorney
SUBJECT:Proposed Urgency Interim Ordinance Imposing a Temporary Moratorium on
the Outdoor Cultivation of Marijuana
RECOMMENDED ACTION:
After holding a public hearing and considering public testimony, staff recommends that the City
Council adopt an urgency interim ordinance prohibiting the outdoor cultivation of marijuana in the
City of Saratoga for 45 days and directing preparation of a report addressing the public health,
safety, and welfare issues identified in the ordinance.
BACKGROUND:
On November 8, 2016, California voters will consider Proposition 64, the Control, Regulate, and
Tax Adult Use of Marijuana Act (“AUMA” ).If passed, AUMA will legalize the possession,
cultivation, and consumption of marijuana for persons 21 years of age or older under state law. It
will also establish state laws to regulate marijuana cultivation, distribution, sale and use.AUMA
does not affect federal laws prohibiting the possession, cultivation, and consumption of
marijuana.
If passed, AUMA will immediately permit individuals to cultivate up to six living marijuana plants
inside or outside of a private residence for personal use. Outdoor cultivation presents a number of
risks to public safety, health, and welfare, as discussed below.Staff recommends that the City
Council temporarily ban the outdoor cultivation of marijuana until the City can further study the
impacts of and potential mechanisms for regulating outdoor marijuana cultivation. To ensure that the
ban is in place when and if AUMA goes into effect, staff recommends adopting the temporary ban as
an urgency interim ordinance and making the necessary findings that outdoor marijuana cultivation
presents an imminent threat to the public safety, health, and welfare.
Because the ordinance is being adopted on an urgency basis it would remain in effect for only 45
days.During that time staff would further investigate the risks associated with outdoor cultivation
and report back to the Council on December 7 with possible regulatory strategies or a
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recommendation to extend the ordinance. Under State law the ordinance could be extended to
November 2, 2018.
The remainder of this staff report summarizes existing laws relating to marijuana cultivationto place
the AUMA in context, provides additional information regarding the AUMA, describes the health
and safety risks associated with outdoor cultivation, and discusses the temporary moratorium that
would be imposed by the attached ordinance.
Existing Regulation of Marijuana Cultivation
In 1970, Congress enacted the Controlled Substances Act (CSA) which, among other things,
makes it illegal to import, manufacture, distribute, possess, or use marijuana under federal law.
This and other federal laws remain in effect notwithstanding the state laws discussed below.
In California, the voters and legislature have acted to decriminalize, use of marijuana for
medical purposes and have also decriminalized, under certain circumstances, cultivation and
distribution of medical marijuana primarily under the Compassionate Use Act of 1996 and the
Medical Marijuana Program Act. In 2015, the legislature passed the Medical Marijuana
Regulation and Safety Act to regulate the medical marijuana industry. Pursuant to that
legislation, the California Department of Food and Agriculture is preparing a Medical Cannabis
Cultivation Program, the purpose of which is to create licensing and regulatory requirements for
medical marijuana cultivation. That program is not yet in effect, however. The Department
expects to finalize its cultivation regulations and begin issuing licenses towards the end of 2017.
The Saratoga City Code currently prohibits medical marijuana dispensaries in all zoning
districts. It defines a dispensary as “any facility, building, structure, or establishment, where a
primary caregiver or a collective or cooperative group of qualified patients, persons with
identification cards and/or primary caregivers makes available, sells, transmits, gives, allocates,
administers, delivers, processes, or otherwise provides marijuana to or cultivates marijuana for
more than two qualified patients, persons with identification cards, or primary caregivers.”
Because the City’s dispensary ban is directed at prohibiting dispensaries, it does not specifically
prohibit outdoor cultivation of marijuana. Nor does it clearly apply to individuals other than
those authorized to cultivate medical marijuana.
Under section 15-05.055 of the City Code and the principles of permissive zoning, any land use
not listed as permitted is prohibited. Because the cultivation of marijuana is not expressly
permitted under Saratoga’s current zoning code, it is staff’s opinion that it is prohibited.
Nonetheless, without an express ordinance regulating marijuana cultivation, there is a risk that
Saratoga’s existing ban under permissive zoning will not be clear to the public. Moreover, it is
possible that the AUMA may be interpreted to preempt marijuana cultivation bans based solely
on permissive zoning.
The Adult Use of Marijuana Act
If passed, AUMA will legalize under state law the possession, cultivation, and use of marijuana
for adults 21 and older. The AUMA would immediately allow personal cultivation of up to six
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marijuana plants inside of a private residence or outside on the grounds of a private residence.
The measure would allow local jurisdictions to regulate or completely ban outdoor cultivation.
However, local jurisdictions could only regulate indoor cultivation; complete bans are
prohibited.
The AUMA will also permit commercial marijuana cultivation, manufacturing, testing, sale, and
distribution—provided businesses receive a state license to do so and the activity is not
prohibited by local ordinance. State agencies will be developing licensing programs during 2017
and must have them in place by January 1, 2018. Until that time, commercial marijuana activities
are prohibited.
Impacts from Outdoor Marijuana Cultivation
Outdoor marijuana cultivation presents a number of risks to public safety, health, and welfare.
Staff contacted Captain Rich Urena of the Santa Clara County Sheriff’s Office to discuss his
experience with the risks posed by outdoor marijuana cultivation. According to Captain Urena,
outdoor cultivation can lead to an increased prevalence of burglary and violence, as individuals
attempt to steal marijuana plants. Violent confrontations between homeowners and persons
attempting to access outdoor marijuana plants have been documented in Santa Clara County.
Captain Urena believes crimes associated with outdoor cultivation will continue if the AUMA
passes given that marijuana will still be valuable and illegal for persons under 21 years of age.
Captain Urena also indicated that neighbors frequently raise concerns about strong odors,
chemical use, and pesticides associated with outdoor marijuana cultivation, particularly around
children.
These concerns are well documented elsewhere. Marijuana plants cultivated outdoors often
produce a distinctive strong odor that can be detectable and offensive beyond the borders of the
property on which it grows. Cities, counties, and air quality districts in which marijuana is grown
outdoors have received large numbers of complaints of odors related to the cultivation of
marijuana.
In addition, the strong smell and potential visibility of marijuana cultivated outdoors creates an
“attractive nuisance” that entices others to the cultivation. While AUMA prohibits cultivation
that is visible “by normal unaided vision from a public place” (proposed Health and Safety Code
section 11362.2(a)(2)), there is still concern that individuals will be enticed to outdoor
cultivations because of the strong odor and potential visibility of plants from non-public spaces,
such as neighboring buildings. Even if marijuana is legalized, plants will still be valuable and
outdoor cultivation increases the risks of crimes such as burglary, trespass, robbery, and armed
robbery, potentially resulting in serious injury or death.
The outdoor cultivation of marijuana can also result in various code violations, including
improper and dangerous electric alterations and use. It also increases the risk of fire. For
instance, recent fires in northern California, including the 70,000 acre Rocky Fire that burned in
Lake County in 2015, have been caused by outdoor marijuana cultivation. Much of Saratoga is in
a State-designated High or Very High Fire Hazard Severity Zone.
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Outdoor marijuana cultivation also increases the risk of environmental degradation. The Santa
Clara District Attorney has stated that outdoor grow sites have been discovered throughout Santa
Clara County, particularly in remote areas such as the western foothills of Saratoga. These
outdoor grow sites frequently divert water without regulatory permits or permission and/or
pollute adjacent waterways. Between 2011-2013, the County charged 54 outdoor marijuana
gardens, including at least 24 gardens on private land. Many of these operations were charged
with environmental crimes.
Temporary Moratorium
The matters described above are current and immediate risks to public safety, health, and
welfare. Personal outdoor cultivation of marijuana will become legal as a matter of state law on
November 9, 2016 if the AUMA passes. Publicity associated with legalization can be expected to
lead individuals to believe outdoor cultivation of marijuana is immediately allowed on non-
residential properties as well. In addition, state laws regulating medical marijuana cultivation
outdoors are not yet in effect. Moreover, it will become more difficult to enforce a later ban on
outdoor marijuana cultivation if such uses become established within the community.
As a result, staff recommends enacting an urgency ordinance imposing a temporary ban on
outdoor marijuana cultivation pursuant to Government Code section 65858. Under that
provision, the City is permitted to adopt an urgency interim ordinance to prohibit any uses that
may be in conflict with a contemplated zoning proposal, so long as required findings are made.
The interim ordinance can be adopted without the procedures that usually accompany a zoning
ordinance, such as a hearing before the Planning Commission and a first and second reading.
The interim ordinance requires a four-fifths (4/5) vote of the City Council to be approved. It can
be in place for a maximum of 45 days, during which the City must prepare a written report
describing the measures that can be taken to alleviate the condition which led to the adoption of
the ordinance. The proposed ordinance directs staff to prepare such a report. After review, the
City Council can vote to extend the ordinance for an additional 22 months and 15 days if
necessary.
In 2017, staff intends to develop comprehensive zoning ordinance amendments addressing the
cultivation of marijuana indoors and outdoors along with other commercial marijuana and
medical marijuana activities contemplated by the Medical Marijuana Regulation and Safety Act
and, if adopted by the voters, the AUMA. This process will begin once the City has more
information concerning the California Department of Food and Agriculture’s Medical Cannabis
Cultivation Program.
Other Cities
According to the California League of Cities, many jurisdictions are planning to adopt urgency
interim ordinances similar to the one proposed here. Cupertino recently enacted an interim
urgency ordinance banning outdoor cultivation.
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ENVIRONMENTAL DETERMINATION
The ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to
CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not aproject as defined in Section 15378) because it has no potential for
resulting in physical change in the environment, directly or indirectly; it prevents changes in the
environment. Further, the ordinance is exempt from CEQA under CEQA Guidelines section
15061(b)(3) (the amendments are exempt because it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment).
ATTACHMENTS:
Attachment A – Urgency interim ordinance imposing a temporary moratorium on the outdoor
cultivation of marijuana in the City of Saratoga for a period of 45 days pending a study of zoning
regulations that are needed to alleviate a current and actual threat to the public health, safety and
welfare.
828902.5
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1
ORDINANCE NO. _____
URGENCY INTERIM ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON
THE OUTDOOR CULTIVATION OF MARIJUANA IN THE CITY OF SARATOGA
FOR A PERIOD OF 45 DAYS PENDING A STUDY OF ZONING REGULATIONS
THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO
THE PUBLIC HEALTH, SAFETY AND WELFARE
The City Council of the City of Saratoga finds that:
1. In 1970, Congress enacted the Controlled Substances Act (CSA) which, among other
things, makes it illegal to import, manufacture, distribute, possess or use marijuana in the
United States. The use, possession, and cultivation of marijuana remains illegal under the
federal CSA. Bearman v. California Medical Bd.(2009) 176 Cal.App.4th 1588.
2. California voters will consider the Control, Regulate and Tax Adult Use of Marijuana Act
(“AUMA”, also known as Proposition 64) on the November 8, 2016 ballot. If passed, the
AUMA will legalize under state law the possession, cultivation, and consumption of
marijuana for persons 21 years of age or older. It will also establish state laws to regulate
marijuana cultivation, distribution, sale and use.
3. If passed, the AUMA will immediately allow personal cultivation of up to six marijuana
plants inside a private residence and outside on the grounds of a private residence. The
AUMA expressly anticipates the enactment of local legislation prohibiting personal
outdoor cultivation by stating that “a city, county, or city and county may completely
prohibit persons from [possessing, planting, cultivating, harvesting, drying, or processing
living marijuana plants] outdoors upon the grounds of a private residence.” (H&S Code §
11362.2(b)(3), as proposed by the AUMA).
4. If passed, the AUMA will also allow the commercial cultivation of marijuana plants by
individuals who receive a state license and comply with other state regulations, provided
the activity is not prohibited by local ordinance. There may be a period of time after the
AUMA passes when individuals are unaware that personal cultivation is limited to
residential properties and that commercial cultivation requires a state license. Publicity
associated with legalization can be expected to lead individuals to believe that the
outdoor cultivation of marijuana is immediately allowed on non-residential properties as
well. The AUMA expressly anticipates the enactment of local legislation prohibiting
commercial and other outdoor cultivation by stating that “[n]othing in this division shall
be interpreted to supersede or limit the authority of a local jurisdiction to . . . completely
prohibit the establishment or operation of one or more types of businesses licensed under
this division within the local jurisdiction” and that “[a] local jurisdiction may establish
additional standards, requirements, and regulations” regarding health, safety, and
environmental protection. (H&S Code §§ 26200, 26201, as proposed by the AUMA).
5. The Compassionate Use Act and the Medical Marijuana Program Act create limited
exceptions from criminal liability for seriously ill persons and for their primary
caregivers, collectives, and cooperatives who cultivate medical marijuana. In 2015, the
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legislature passed the Medical Marijuana Regulation and Safety Act to regulate the
medical marijuana industry. Pursuant to the Act, the California Department of Food and
Agriculture is preparing a Medical Cannabis Cultivation Program, the purpose of which
is to establish a regulatory licensing program for medical cannabis cultivation. That
licensing and regulatory program has not yet been established, however, and is not
anticipated to go into effect until the end of 2017. Under the state’s medical marijuana
laws, cities may prohibit the cultivation of medical marijuana. Maral v. City of Live Oak
(2013) 221 Cal.App.4th 975; Bus. & Prof. Code §§ 19315, 19316.
6. Government Code section 65858(a) provides that, without following the procedures
otherwise required prior to adoption of a zoning ordinance, the legislative body of a city
may adopt as an urgency measure an interim ordinance prohibiting any uses that may be
in conflict with a contemplated zoning proposal that the city intends to study to protect
the public safety, health, or welfare.
7. A temporary ban on outdoor marijuana cultivation is necessary to protect the public from
current and immediate threats to public safety, health and welfare facilitated by the
AUMA until a comprehensive study is conducted and permanent regulations are adopted.
The City intends to proceed with a study and public meetings to consider an ordinance
that most effectively regulates and/or licenses marijuana cultivation in manner
appropriate for the City of Saratoga. Establishment of or entitlements for outdoor
cultivation prior to completion of this process could be in conflict with such an
ordinance, and would result in current and immediate threats to public health, safety and
welfare for the reasons set forth in this Ordinance.
8. This Ordinance must be adopted and become effective immediately to prevent the
following threats to public health, safety and welfare associated with outdoor marijuana
cultivation:
a.Odors.Marijuana plants cultivated outdoors often produce, especially as they
mature to harvest, a distinctive, strong odor that can be detectable and offensive
beyond the borders of the property on which it grows. Cities, counties, and air
quality districts in which marijuana is grown outdoors have received large
numbers of complaints of odors related to the cultivation of marijuana.
b.The risk of criminal activity and safety threats.The strong smell and visibility
of marijuana cultivated outdoors (such as from neighboring buildings in
residential areas) creates an “attractive nuisance” that entices others to the
cultivation, and increases the risks of crimes such as burglary, trespass, robbery,
and armed robbery, potentially resulting in serious injury or death. The Santa
Clara County Sherriff’s Office believes the risks of crimes will continue if the
AUMA passes given that marijuana will still be valuable and will remain illegal
for individuals under 21 years of age. The cultivation of marijuana can also result
in various code violations, including improper and dangerous electric alterations
and use. These secondary effects pose serious safety risks, and require the
commitment of scare police, code enforcement, and other public resources.
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c.The risk of fires. Much of Saratoga is in a State-designated High or Very High
Fire Hazard Severity Zone. Recent wildfires in northern California have been
caused by outdoor marijuana cultivation.
d.The risk of environmental degradation. The Santa Clara District Attorney has
stated that outdoor grow sites have been discovered throughout Santa Clara
County, particularly in remote areas such as the eastern foothills of Saratoga.
These outdoor grow sites frequently divert water without regulatory permits or
permission and/or pollute adjacent waterways. Between 2011-2013, the County
charged 54 outdoor marijuana gardens, including at least 24 gardens on private
land. Many of these operations were charged with environmental crimes.
9. A prohibition on outdoor marijuana cultivation is more difficult to enforce once such uses
have begun within a community. Those uses must be immediately prohibited to prevent
them from establishing and causing the negative secondary effects in the City described
above.
10. Notice of the public hearing for this Ordinance was published pursuant to Government
Code section 65090 and the City Council held a public hearing on November 2, 2106 at
which all interested parties had an opportunity to be heard.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1.Prohibition
The outdoor cultivation of marijuana is prohibited in all zoning districts within the City of
Saratoga.
For purposes of this Ordinance:
(a) “marijuana” shall have the same meaning as set forth in Health and Safety Code section
10018, as proposed to be added by the AUMA (as defined in the findings above), and shall be
interpreted broadly to include the definitions of “cannabis” and “medical cannabis” set forth in
Business and Professions Code section 19300.5 subdivisions (f) and (af);
(b) “cultivation” shall have the same meaning as “cultivation” set forth in Business and
Professions Code section 19300.5(k);
(c) “outdoor” shall mean any location within the City of Saratoga that is not within a fully
enclosed and secure structure; and
(d) “fully enclosed and secure structure” shall mean a fully-enclosed space within a building that
complies with Chapter 16 of the Saratoga Municipal Code, or if not subject to that Chapter, that
has a complete roof and a foundation, slab or equivalent base to which the floor is secured and
that is secure against unauthorized entry and accessible only through one or more lockable doors.
Walls, doors, windows, and roofs must be constructed of solid and firm material such as wood,
metal, or, in the case of windows, glass. Plastic sheeting or similar products do not satisfy this
requirement.
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Section 2.Enforcement
(a) Violations of this Ordinance are hereby declared to be public nuisances and determined to be
an immediate hazard to the public health, safety or welfare for purposes of Article 3-20
(Emergency Nuisance Abatement Procedure) of the Saratoga Municipal Code.
(b) In addition to other remedies provided by the Saratoga Municipal Code or by other law, any
violation of this Ordinance may be remedied by a civil action brought by the City Attorney,
including, but not limited to, administrative or judicial nuisance abatement proceedings, civil
code enforcement proceedings, unfair business practice proceedings under Business &
Professions Code Section 17200 et seq., and suits for injunctive relief. The remedies provided by
this Section are cumulative and in addition to any other remedies available at law or in equity.
(c) Notwithstanding any other provision of the Saratoga Municipal Code, including Article 3-05
(Criminal Enforcement) and Article 15-95-030 (regarding misdemeanors and infractions), a
qualified patient, person with a valid identification card, or primary caregiver, as those terms are
defined in the Compassionate Use Act and the Medical Marijuana Program Act, California
Health and Safety Code sections 1111362.5 and 11362.7 et seq., shall not be subject to criminal
liability under California Health and Safety Code section 11570 or any criminal abatement
actions or complaints for outdoor cultivation of medical cannabis as that term is defined in
Business and Professions Code section 19300.5(af). Any qualified patient, person with a valid
identification card, or primary caregiver engaged in outdoor cultivation of medical cannabis in
violation of this Section shall be subject to all other compliance actions set forth in this Section,
code enforcement actions set forth in Chapter 3 of the Saratoga Municipal Code, and legal
proceedings authorized in Section 15-95.020 of the Saratoga Municipal Code. Nothing in this
Section shall prevent the criminal enforcement of other violations of this Ordinance, the Saratoga
Municipal Code, or state law.
Section 3.Written Report
The City Manager, Community Development Department, and City Attorney’s office shall (1)
review and consider options for the regulation of marijuana cultivation in the City and (2)
pursuant to Government Code section 65858, file a written report describing the measures that
the City has taken to address the conditions which led to the adoption of this Ordinance with the
City Council within 10 days prior to the expiration of this interim urgency ordinance, or any
extension thereof.
Section 4. Severance Clause
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
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remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 5. Effective Date
This Ordinance is an interim urgency ordinance that shall take effect immediately upon its
adoption by a four-fifths (4/5) vote of the City Council. This Ordinance shall continue in effect
for forty-five (45) days from the date of its adoption and shall thereafter be of no further force
and effect unless the City Council extends it for an additional period of time pursuant to
California Government Code section 65858.
Section 6. California Environmental Quality Act
The City Council finds that this Ordinance is not subject to the California Environmental Quality
Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations)
Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect
physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) because it has no potential for resulting in physical change in the environment,
directly or indirectly; it prevents changes in the environment. Further, this action is exempt from
CEQA under CEQA Guidelines section 15061(b)(3) (the amendments are exempt because it can
be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment).
Section 7. Publication
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
(Continued Next Page)
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Following a duly noticed public hearing the foregoing urgency ordinance was adopted by the
following vote on November 2, 2016:
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE:
Crystal Bothelio, CITY CLERK
APPROVED AS TO FORM:
DATE:
Richard Taylor, CITY ATTORNEY
828901.4
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SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, City Clerk/Assistant to City Manager
SUBJECT:Arrowhead Community Facilities District
RECOMMENDED ACTION:
Accept the petition from the Arrowhead neighborhood calling for formation of a Community
Facilities District (CFD); approve the resolution of intent to establish a CFD for the Arrowhead
neighborhood; and approve the resolution to incur bonded indebtedness for the proposed CFD.
BACKGROUND:
Arrowhead Cooperative Company, Inc. is a private water company that was formed in 1951 to
serve six homes. Arrowhead now serves a total of 39 homes. The Arrowhead neighborhood is
located between Rolling Hills Road and Blue Hills Lane near Prospect Road. Arrowhead
Cooperative’s infrastructure has become dated and the homeowners in the area would like to
transition to San Jose Water Company to ensure a reliable water supply for daily use and in the
event of a fire. Before San Jose Water Company will accept the 39 homes in the Arrowhead
neighborhood, funding must be provided for water infrastructure improvements. The final
project cost is estimated at $2.6 million, not including additional funds from the California
Public Utilities Commission for a portion of the project.
In November 2013, the City Council directed City staff to work with the Arrowhead Cooperative
Company, Inc. to establish an assessment district for the purpose of financing improvements to
the infrastructure of the private water company. The neighborhood would like the City to issue a
bond to finance the improvements. The bond would then be repaid through assessments on the
properties in the Arrowhead neighborhood.
California State law, through the Mello-Roos Community Facilities Act of 1982, allows local
governments to form CFDs for the purpose of financing community facilities or services through
voter approved special taxes.The first step in forming a CFD is acceptance of a Petition to Form
a CFD.
The City received a Petition to Form a CFD (Attachment C).from the Arrowhead neighborhood
on May 17, 2016. As required by State law, the petition has been signed by a minimum of 10%
of property owners in the proposed CFD. 161
The Petition to Form a CFD refers to a maximum bond indebtedness of $6 million, because the
petition was circulated before the California Public Utilities Commission announced it would
provide funding for a portion of the project. Consequently, the maximum bond value in the
petition accounts for the full project cost plus contingencies.
Because the City has received a Petition to Form a CFD, the City Council must approve a
Resolution of Intent to Form the CFD. The attached Resolution of Intent to Form the CFD
(Attachment A) sets a public hearing on December 7, 2016 on the proposed CFD.
During the public hearing, any interested member of the public may share their thoughts on the
proposed CFD. If 50% or more of registered voters or owners of 50% or more of the land area of
the proposed CFD file written protests prior to or oral protests during the hearing, the
proceedings must stop and cannot be revisited for at least one year. However, if there is no
majority protest for formation of the CFD, the Council may pass a resolution forming the CFD.
After the CFD is formed, the Council may call for a formal election to approve: (1) a special tax
on parcels in the CFD (the “Rate and Method” is included in the Resolution of Intent in
Attachment A); and (2) the issuance of bonds. The election would occur within 90 to 180 days
after the public hearing.
If two-thirds of voters in the CFD vote in favor of the special tax and issuance of bonds during
the election, the City Council may then adopt an ordinance to levy a special tax on the property
owners in the district and move forward with bond issuance for project costs.
In addition to the Resolution of Intent to Form the CFD, Council is also being asked to consider
a Resolution to Incur Bond Indebtedness (Attachment B). If the CFD is formed and the
registered voters approve the levy of the special tax and the issuance of bonds secured by the
special tax, the City of Saratoga will issue bonds to finance the water facility improvements. If
the bond is issued, it will be repaid through an assessment on the properties in the district.
In addition to project costs, the bond will also cover initial costs associated with formation of the
CFD and issuance of the bond. This includes City staff time, special tax consultant, financial
advisor, election, and other associated costs. Arrowhead has also paid a deposit with the City to
cover these costs, should the CFD formation and/or bond issuance fail to proceed.
FISCAL STATEMENT:
The City has required that the Arrowhead neighborhood provide a deposit payment for initial
upfront costs that will be incurred regardless of whether the CFD is approved, such as the cost of
the consultant assisting with the formation of the special tax district. If the CFD is formed and
bonds are issued for the Arrowhead project, the bonds will be issued to the City and repaid
through a special tax on the properties in the Arrowhead CFD.
The City is negotiating an agreement with Arrowhead to address funding issues and mechanisms
to reduce the extent of the City’s potential liability for claims arising from district formation and
project construction. The Resolution of Intent to Form a CFD requires execution of the
agreement as a condition of moving forward on the public hearing, currently scheduled for
December 7, 2016.
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ATTACHMENTS:
Attachment A – Resolution of Intent to Form a CFD
Attachment B – Resolution to Incur Bonded Indebtedness
Attachment C – Petition to Form a CFD
163
RESOLUTION NO. 16-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT
AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
WHEREAS, the City Council (the "City Council") of the City of Saratoga (the "City")
has received a written petition (the "Petition") from over 10% of the landowners (by area) to be
included within the community facilities district (the "Landowners") requesting the institution of
proceedings for the establishment of a community facilities district (the "District"); and
WHEREAS, the Landowners have represented and warranted to the City Council that
the Landowners are collectively owners of over 10% of the area of land proposed to be included
within the District; and
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (the "Act"), the
City Council is authorized to establish the District; and
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after
the formation of a community facilities district, the legislative body may accept advances of
funds from any source, including, but not limited to, private persons or private entities and may
provide, by Resolution, for the use of those funds for any authorized purpose, including, but not
limited to, paying any cost incurred by the local agency in creating a community facilities
district; and
WHEREAS, the City and the Arrowhead Cooperative Company, Inc. (the "Arrowhead
Cooperative"), on behalf of all landowners located within the proposed District, entered into a
Deposit Agreement, dated as of April 6, 2016 (the "Deposit Agreement"), that provides for the
advancement of funds by the Landowner to be used to pay costs incurred in connection with the
establishment of the District and the issuance of special tax bonds thereby; and
WHEREAS, on May 18, 2016, the City Council adopted Local Goals and Policies for
Community Services Districts (Resolution No. 16-032) pursuant to Section 53312.7(a) of the
Act; and
WHEREAS, the Facilities will be constructed, owned, and operated by San Jose Water
Company (“Company”) as described in the water facilities offer letter dated July 14, 2016 from
the Company to Arrowhead Cooperative; and
WHEREAS, the July 14, 2016 letter requires an upfront payment of estimated
construction costs (approximately $2.6 million as of July 2016) before the Company will begin
constructing the Facilities; and
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Saratoga as
follows:
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The City Council hereby finds that the Petition is signed by the requisite number of owners of
land proposed to be included in the District.
The City Council proposes to establish a community facilities district under the terms of the Act.
The boundaries of the territory proposed for inclusion in the District are described in the map
showing the proposed District (the "Boundary Map") on file with the City Clerk of the City (the
"City Clerk"), which boundaries are hereby preliminarily approved and to which map reference
is hereby made for further particulars. The City Clerk is hereby directed to sign the original
Boundary Map and record, or cause to be recorded, the Boundary Map with all proper
endorsements thereon in the office of the Santa Clara County Recorder within 15 days of the date
of adoption of this Resolution, all as required by Section 3111 of the California Streets and
Highways Code.
The name proposed for the District is "City of Saratoga Community Facilities District No. 16-
001 (Arrowhead)".
The public facilities (the "Facilities") proposed to be financed by the District pursuant to the Act
are described under the caption "Facilities" on Exhibit A hereto, which is by this reference
incorporated herein.
Except where funds are otherwise available, a special tax sufficient to pay for all Facilities,
secured by recordation of a continuing lien against all nonexempt real property in the District,
will be annually levied within the District. The rate and method of apportionment of the special
tax (the "Rate and Method"), in sufficient detail to allow each landowner within the proposed
District to estimate the maximum amount that he or she will have to pay, is described in
Exhibit B attached hereto, which is by this reference incorporated herein. The conditions under
which the obligation to pay the special tax may be prepaid and permanently satisfied are
specified in the Rate and Method. The special tax will be collected in the same manner as
ordinary ad valorem property taxes or in such other manner as the City Council shall determine,
including direct billing of the affected property owners.
Should the total costs for the Facilities be lower than the bond amount issued, the remaining
bond funds will be refunded. Upon project completion, San Jose Water will reconcile project
costs and submit final payment request or remit excess deposit funds back to the City of
Saratoga. The City of Saratoga will reconcile all project construction funds with all outstanding
expenses or funding holds to determine the final excess construction funding amount, if any.
The excess amount will be disbursed to the property owners in the following manner:
Excess funding to be divided by 39, representing the total number of property owners
with equal construction cost contributions.
Distribution checks will be prepared and remitted to the property owners who contributed
the full construction cost cash payment up front, in the amount of 1/39th share of the
excess funds.
The remaining excess construction funds will be held in the Bond Fund’s Debt Service
Payment Reserve, to be used to lower the debt service tax levies over the bond’s lifetime.
165
Once the remaining excess funds are remitted to the Debt Service Reserve, the pro-rata
distribution is dissolved; the remaining excess funding is no longer reimbursable to
individual property owners who subsequently pay off their share of bond debt.
The tax year after which no further special tax will be levied against any parcel used for private
residential purposes is specified in the Rate and Method. Under no circumstances shall the
special tax levied against any parcel used for private residential purposes be increased as a
consequence of delinquency or default by the owner of any other parcel or parcels within the
District by more than 10% above the amount that would have been levied in that fiscal year had
there never been any such delinquencies or defaults. For purposes of this paragraph, all parcels in
the District shall be considered "used for private residential purposes."
Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to itself the right and
authority to allow any interested owner of property within the District, subject to the provisions
of said Section 53344.1 and to those conditions as it may impose, and any applicable prepayment
penalties as prescribed in the bond indenture or comparable instrument or document, to tender to
the District treasurer in full payment or part payment of any installment of the special taxes or
the interest or penalties thereon which may be due or delinquent, but for which a bill has been
received, any bond or other obligation secured thereby, the bond or other obligatio n secured
thereby, in the manner described in Section 53344.1 of the Act.
The City Council hereby fixes December 7, 2016 at 7:00 p.m., or as soon thereafter as the City
Council may reach the matter, at 13777 Fruitvale Avenue, Saratoga, CA 95070, as the time and
place when and where the City Council will conduct a public hearing on the establishment of the
District.
The City Clerk is hereby directed to publish, or cause to be published, a notice of said public
hearing one time in a newspaper of general circulation published in the area of the District. The
publication of said notice shall be completed at least seven days prior to the date herein fixed for
said hearing. Said notice shall be substantially in the form attached hereto as Exhibit C.
The levy of said proposed special tax shall be subject to the approval of the qualified electors of
the District at a special election. The proposed voting procedure shall be by mail ballot among
the registered voters residing in the District.
Prior to the public hearing, Arrowhead Cooperative and/or the Company shall study the proposed
Facilities and to cause to be made, and file with the City Clerk, a report in writing to the City
Manager, presenting the following: (1) a brief description of the Facilities, and (2) an estimate of
the cost of providing the Improvements and whether the Improvements will adequately meet the
needs of the Communities Facilities District. Such estimates and adequacy determination shall be
solely based on information provided by and representations of the Arrowhead Cooperative and
its contractors and consultants. Said report shall be made a part of the record of the public
hearing provided for below.
Arrowhead Cooperative has heretofore advanced certain funds, and may advance additional
funds, which have been or may be used to pay costs incurred in connection with the
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establishment of the District and the issuance of special tax bonds thereby and, if necessary,
indemnification. The City Council proposes to repay all or a portion of such funds expended for
such purpose, solely from the proceeds of such bonds, pursuant to the Deposit Agreement.
As a condition of proceeding with the public hearing on District formation, Arrowhead shall
execute an Agreement regarding funding procedures and limiting the City’s potential liability in
connection with claims arising from District formation. The Agreement shall be in a form
acceptable to the City Attorney.
The officers, employees and agents of the City are hereby authorized and directed to take all
actions and do all things which they, or any of them, may deem necessary or desirable to
accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
This Resolution shall take effect immediately upon its adoption.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 2nd day of November 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Crystal Bothelio, City Clerk
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EXHIBIT A
FACILITIES
The types of facilities to be financed by the District are water storage, transmission and
delivery facilities, including but not limited to: pump stations, motor control center, storage
tanks, pipes, valves, related buildings, fire hydrants, and other related facilities. Such facilities
will be owned and operated by the San Jose Water Company, or another public utility (as defined
under the Act).
The District may also finance the following:
1) Bond related expenses, including underwriter's discount, reserve fund, capitalized
interest, related legal and consultant fees and other incidental expenses (including expenses of
the City).
2) Administrative fees of the bond trustee or fiscal agent related to the District and any
bonded indebtedness of the District.
3) Reimbursement of costs related to the formation of the District advanced by the City,
Arrowhead Cooperative, or any landowner, for other purposes of the Communities Facility
District.
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EXHIBIT B
RATE AND METHOD
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City of Saratoga -Community Facilities District No. 2016-1 August 5, 2016
(Arrowhead Water Infrastructure Project)Page 1
RATE AND METHOD OF APPORTIONMENT FOR
CITY OF SARATOGA
COMMUNITY FACILITIES DISTRICT NO. 2016-1
(Arrowhead Water Infrastructure Project)
A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable
Property within the City of Saratoga Community Facilities District No. 2016-1 (Arrowhead Water
Infrastructure Project)and collected each Fiscal Year commencing in Fiscal Year 2017-2018 in
an amount determined by the City Council through the application of the appropriate Special
Tax as described below. All Taxable Property within CFD No. 2016-1, unless exempted by law
or by the provisions hereof, shall be taxed for the purposes to the extent and in the manner
herein provided.
A.DEFINITIONS
The terms hereinafter set forth have the following meaning:
“Acre or Acreage”means the land area of an Assessor’s Parcel as shown on County
records, such as an Assessor’s Parcel Map and secured roll data.If the land area is not
available, the Acreage of such land area shall be determined by the City Engineer of the
City or designee thereof.
“Act”means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
“Administrative Expenses”means the actual or reasonably estimated costs directly
related to the administration of CFD No.2016-1 including, but not limited to, the following:
the costs of computing the Special Taxes and preparing the annual Special Tax collection
schedules (whether by the City or designee thereof or both); the costs of collecting the
Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the
Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City,CFD No.
2016-1 or any designee thereof of complying with arbitrage rebate requirements or
responding to questions from the IRS pertaining to any Bonds or any audit of any Bonds by
the IRS; the costs to the City,CFD No.2016-1 or any designee thereof of providing
continuing disclosure regarding the Bonds pursuant to applicable state or federal securities
law; the costs associated with preparing Special Tax disclosure statements and responding
to public inquiries regarding the Special Taxes; the costs of the City,CFD No.2016-1 or any
designee thereof related to any appeal of the levy or application of the Special Tax; and the
costs associated with the release of funds from an escrow account, if any. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No.2016-1
for any other administrative purposes, including, but not limited to,attorney’s fees and other
costs related to commencing and pursuing to completion any foreclosure of delinquent
Special Taxes.
“Assessor’s Parcel”means a lot or parcel shown in an Assessor’s Parcel Map with an
assigned Assessor’s Parcel number.
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City of Saratoga -Community Facilities District No. 2016-1 August 5, 2016
(Arrowhead Water Infrastructure Project)Page 2
“Assessor’s Parcel Map”means an official map of the Assessor of the County designating
parcels by an Assessor’s Parcel number.
“Bonds”means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No.2016-1 under the Act.
“Bond Year”means a one-year period beginning on September 2nd in each year and
ending on September 1st in the following year, unless defined differently in the applicable
Indenture.
“CFD Administrator”means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
“CFD No. 2016-1”means City of Saratoga Community Facilities District No. 2016-1
(Arrowhead Water Infrastructure Project).
“City”means the City of Saratoga.
“Council”means the City Council of the City,acting as the legislative body of CFD No.
2016-1.
“County”means the County of Santa Clara.
“Developable Property”means, for Successor Parcels, that in each Fiscal Year, all
Taxable Property for which a building permit could be issued for new construction.
“Exempt Property”means all Assessors’Parcels that are exempt from the Special Tax
pursuant to Section F.
“Finance Director”means the chief financial officer of the City.
“Fiscal Year”means the period starting July 1 and ending on the following June 30.
“Indenture”means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
“Open Space Property”means property within the boundaries of CFD No.2016-1 which
(a) has been designated with specific boundaries and acreage on a Final Subdivision Map
as open space, (b) is classified by the County Assessor as open space,(c) has been
irrevocably offered for dedication as open space to the federal government, the State of
California, the County, the City, any other public agency, or (d) is encumbered by an
easement or other restriction required by the City limiting the use of such property to open
space.
“Original Parcel”means an Assessor’s Parcel listed in the table of Attachment A to this
Rate and Method of Apportionment.
“Outstanding Bonds”mean all Bonds, which remain outstanding as defined in the
Indenture pursuant to which such Bonds were issued.
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(Arrowhead Water Infrastructure Project)Page 3
“Property Owner Association Property”means any property within the boundaries of
CFD No.2016-1 which is (a) owned by a property owner association or (b) designated with
specific boundaries and acreage on a Final Subdivision Map as property owner association
property. As used in this definition, a property owner association includes any master or
sub-association.
“Proportionately”means for Taxable Property that the ratio of the Special Tax levy to the
Maximum Special Tax is equal for all Assessors’ Parcels of Taxable Property within CFD
No. 2016-1.
“Public Property”means any property within the boundaries of CFD No.2016-1 which (a)
is owned by a public agency, (b) has been irrevocably offered for dedication to a public
agency,or (c) is designated with specific boundaries and acreage on a Final Subdivision
Map as property which will be owned by a public agency.For purposes of this definition, a
public agency includes the federal government, the State of California,the County, the City
or any other public agency.
“Special Tax”means the annual special tax to be levied in each Fiscal Year on each
Assessor’s Parcel of Taxable Property to fund the Special Tax Requirement.
“Special Tax Requirement”means that amount of Special Tax revenue required in any
Fiscal Year for CFD No. 2016-1 to: (i) Pay Administrative Expenses as designated by the
City; (ii) pay annual debt service on all Outstanding Bonds due in the Bond Year beginning
in such Fiscal Year; (iii) pay other periodic costs on Outstanding Bonds, including but not
limited to, credit enhancement and rebate payments on Outstanding Bonds; (iv) pay any
amounts required to establish or replenish any reserve funds for all Outstanding Bonds in
accordance with the Indenture;to the extent such replenishment has not been included in
the Special Tax Requirement in any prior Fiscal Year;(v)to cure any delinquencies in the
payment of debt service on all Outstanding Bonds in the prior Fiscal Year; and (vi)pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special
Taxes levied in the previous Fiscal Year; and (vii)pay directly for the acquisition and/or
construction of public improvements which are authorized to be financed by CFD No. 2016-
1 ; less (viii) a credit for funds available to reduce the annual Special Tax levy as determined
by the CFD Administrator pursuant to the Indenture.
“State”means the State of California.
“Successor Parcel”means an Assessor’s Parcel located within the boundaries of CFD
2016-1 that is the result of a parcel change of an Original Parcel.
“Taxable Property”means all of the Assessor’s Parcels within the boundaries of CFD No.
2016-1 that are not exempt from the Special Tax pursuant to law or that are classified as
Exempt Property.
“Trustee”means the financial institution appointed pursuant to an Indenture to act as the
trustee, fiscal agent, or paying agent or a combination thereof for a series of Bonds for and
on behalf of CFD No.2016-1 and the City under such Indenture.
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ASSIGNMENT OF PARCEL CLASSIFICATIONS
Each Fiscal Year, all Assessor’s Parcels within CFD No.2016-1 shall be classified as
Taxable Property or Exempt Property. Taxable Property shall be further classified as an
Original Parcel or a Successor Parcel. Taxable Property shall be subject to the levy of
annual Special Taxes determined pursuant to Section C below.
C.MAXIMUM SPECIAL TAX RATE
1.Taxable Property
The Maximum Annual Special Tax for each Original Parcel shall be $9,542.00.
a.Assessor’s Parcel changes
When an Original Parcel changes, merges or subdivides, the Maximum Special Tax
shall be apportioned to each Successor Parcel so that there is no net loss in
aggregate Maximum Special Tax revenue for CFD 2016-1. The process for
apportioning the Maximum Special Tax of an Original Parcel(s)to the Successor
Parcel(s) is as follows:
Step 1:Identify the number of Successor Parcels created by the Original
Parcel(s)change, merger or subdivision that are considered Developable
Property.Successor Parcels classified as Public Property, Property
Owner Association Property, Open Space Property or that cannot be
considered Developable Property will not be considered in the
identification of newly created parcels.
Step 2:Multiply the number of parcels from Step 1 by the Maximum Annual
Special Tax for Taxable Property.
Step 3:Sum the Maximum Annual Special Tax for the Original Parcel(s) being
changed, merged or subdivided.
Step 4:If the result of Step 2 exceeds the results of Step 3, assign the Maximum
Special Tax to each Successor Parcel.
Step 5:If the result of Step 2 is less than the result of Step 3, the result of Step 3
will be divided by the number of Successor Parcels identified in Step1 to
determine the Maximum Annual Special Tax for the Successor Parcels.
Once created, if a Successor Parcel further changes or subdivides, the steps shall
be repeated to determine the Maximum Special Tax for each additional Successor
Parcel created from the change or subdivision.
E.METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2017-2018 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the amount
of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied
each Fiscal Year as follows:
The Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable
Property at a rate up to 100% of the applicable Maximum Special Tax to satisfy the Special
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Tax Requirement.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor’s Parcel used for residential purposes be increased by more than ten percent
(10%) above what the Assessor’s Parcel would have been levied had there been no
delinquencies.
F.EXEMPTIONS
1.Parcels that are not considered Developable Property are exempt from Special Taxes
under this section.
2.Open Space Property,Property Owner Association Property,or Public Property is
exempt from Special Taxes under this section.
3.The Maximum Special Tax obligation for any property which would be classified as
Public Property upon its transfer or dedication to a public agency but which is classified
as Developable Property pursuant to Section B above shall be prepaid in full by the
seller pursuant to Section J, prior to the transfer/dedication of such property to such
public agency. Until the Maximum Special Tax obligation for any such property is
prepaid, the property shall continue to be subject to the levy of the Special Tax as
Developed Property regardless of ownership.
4.If the use of an Assessor's Parcel changes so that such Assessor's Parcel is no longer
eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be
classified as Exempt Property and shall be deemed to be Taxable Property.
G.REVIEW/APPEAL COMMITTEE
Any landowner or resident who feels that the amount of the Special Tax levied on their
Assessor’s Parcel is in error shall first consult with the CFD Administrator regarding such
error. If following such consultation,the CFD Administrator determines that an error has
occurred,the CFD Administrator may amend the amount of the Special Tax levied on such
Assessor’s Parcel and any other Assessor’s Parcel affected by the error. If following such
consultation and action (if any by the CFD Administrator), the landowner or resident believes
such error still exists, such person may file a written notice with the City appealing the
amount of the Special Tax levied on such Assessor's Parcel. The City may establish such
procedures, as it deems necessary to undertake the review of any such appeal. The City
shall interpret this Rate and Method of Apportionment and make determinations relative to
the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the City shall be final and binding to all persons.
H.INTERPRETATIONS
Interpretations may be made by the Council,by ordinance or resolution,for purposes of
clarifying any vagueness or ambiguity as it relates to this Rate and Method of
Apportionment.
I.MANNER OF COLLECTION
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The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No.2016-1 may, at the
sole discretion of the City,directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner as necessary to meet its financial obligations, and may
covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property
that are delinquent in the payment of Special Taxes.
J.PREPAYMENT IN FULL
The following definitions apply to this Section J:
“Outstanding Bonds”means all previously issued Bonds which will remain outstanding
after the first principal payment date following the then current Fiscal Year, excluding Bonds
to be redeemed at a later date with the proceeds of prior prepayments of Maximum Special
Taxes.
1.Prepayment in Full
The Maximum Special Tax obligation of an Assessor's Parcel of Taxable Property may be
prepaid and permanently satisfied as described herein; provided that there are no
delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment.
An owner of an Assessor's Parcel intending to prepay the Maximum Special Tax obligation
shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of
receipt of such written notice, the CFD Administrator shall notify such owner of the
prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 60
days prior to the next occurring date that notice of redemption of Bonds from the proceeds
of such prepayment may be given to the Trustee pursuant to the Indenture.The CFD
Administrator may charge a fee for providing this service.
The Prepayment Amount (defined below)shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Defeasance Amount
plus Administrative Fees and Expenses
ExpenseslessReserve Fund Credit
less Capitalized Interest Credit (if any)
Fund CreditTotal:equals Prepayment Amount
As of the proposed date of prepayment,the Prepayment Amount (defined below)shall
be calculated as follows:
Step Number:
1.Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel.
2.Determine the Maximum Special Tax for the Assessor’s Parcel.
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3.Divide the Maximum Special Tax from Step 2 by the total Maximum Special Taxes
for the entire CFD No. 2016-1, excluding any Assessor’s Parcels which have prepaid
the Maximum Special Tax.
4.Multiply the quotient computed pursuant to Step 3 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond
Redemption Amount”).
5.Multiply the Bond Redemption Amount computed pursuant to Step 4 by the
applicable redemption premium,if any,on the Outstanding Bonds to be
redeemed (the “Redemption Premium”).
6.Compute the amount needed to pay interest on the Bond Redemption Amount
from the first bond interest and/or principal payment date following the current Fiscal
Year until the earliest redemption date for the Outstanding Bonds.
7.Compute the amount the Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount less the Administrative Fees and Expenses
from the date of prepayment until the redemption date for the Outstanding Bonds to
be redeemed with the prepayment.
8.Add the amounts computed pursuant to Steps 6 and 7 and subtract the amount
computed pursuant to Step 9 (the “Defeasance Amount”).
9.Verify the administrative fees and expenses,including the costs of computation of
the prepayment,the costs to invest the prepayment proceeds,the costs of
redeeming the Outstanding Bonds, and the costs of recording any notices to
evidence the prepayment and the redemption (the “Administrative Fees and
Expenses”).
10.A reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
11.If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to Step 3 by the expected balance in the capitalized interest fund
after such first interest and/or principal payment (the “Capitalized Interest Credit”).
12.The Maximum Special Tax prepayment is equal to the sum of the amounts
computed pursuant to Steps 4,5,8 and 9, less the amount computed pursuant to
Steps 10 and 11.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment amount that is not $5,000 or integral multiple thereof
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will be retained in the appropriate fund established under the Indenture to be used with the
next prepayment of bonds or to make debt service payments.
In addition, the City's Finance Director has the authority to adjust the prepayment amount
per Taxable Parcel calculated above if the Property Owner has paid a portion or all of their
current property tax bill and the portion attributable to the payment of Special Taxes has not
been used to make an interest and/or principal payment on the Bonds.
Notwithstanding the foregoing,no Special Tax prepayment shall be allowed unless the
amount of Maximum Special Taxes that may be levied on Taxable Property after the
proposed prepayment is at least 1.1 times the maximum annual debt service on all
Outstanding Bonds.
2.Prepayment in Part
The Maximum Special Tax obligation of an Assessor's Parcel of Developed Property may be
partially prepaid in increments of $5,000.The amount of the prepayment shall be calculated
as in Section J;except that a partial prepayment shall be calculated according to the
following formula:
PP =((PE –A)x F) + A
These terms have the following meaning:
PP =the Partial Prepayment Amount
PE = the Prepayment Amount calculated according to Section J
A =the Administrative Fees and Expenses calculated according to Section J
F =the percent by which the owner of the Assessor’s Parcel(s)is partially prepaying
the Maximum Special Tax obligation.
The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special
Tax obligation shall notify the CFD Administrator of (i)such owner’s intent to partially prepay
the Maximum Special Tax obligation, (ii) the amount of partial prepayment expressed in
increments of $5,000,and (iii)the company or agency that will be acting as the escrow
agent, if applicable.Partial prepayment must be made not less than 60 days prior to the
next occurring date that notice of redemption of Bonds from the proceeds of such partial
prepayment may be given to the Trustee pursuant to the Indenture. The CFD Administrator
may charge a fee for providing this service.
With respect to any Assessor’s Parcel that is partially prepaid, the Administrator shall
indicate in the records of CFD No.2016-1 that there has been a partial prepayment of the
Maximum Special Tax obligation and that a portion of the Maximum Special Tax obligation
equal to the outstanding percentage (1.00 -F)of the remaining Maximum Special Tax
obligation shall continue to be authorized to be levied on such Assessor’s Parcel pursuant to
Section E.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of
Maximum Special Taxes that may be levied on Taxable Property after the proposed partial
prepayment is at least 1.1 times the maximum annual debt service on all Outstanding
Bonds.
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K.TERM OF SPECIAL TAX
The Maximum Special Tax shall be levied commencing in Fiscal Year 2017-18 to the extent
necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no
longer than the 2049-2050 Fiscal Year.
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Attachment A
City of Saratoga
Community Facilities District No. 2016-1
(Arrowhead Water Infrastructure Project)
Original Parcels
(Fiscal Year 2016-2017)
Assessor’s Parcel Number
366-06-004 366-06-030 366-06-047
366-06-005 366-06-031 366-06-048
366-06-010 366-06-032 366-07-004
366-06-011 366-06-034 366-07-006
366-06-012 366-06-038 366-07-007
366-06-014 366-06-039 366-07-008
366-06-016 366-06-040 366-07-009
366-06-019 366-06-041 366-07-014
366-06-021 366-06-042 366-07-015
366-06-022 366-06-043 366-07-016
366-06-025 366-06-044 366-31-002
366-06-026 366-06-045 366-31-003
366-06-027 366-06-046 366-32-007
179
EXHIBIT C
NOTICE OF PUBLIC HEARING
Notice is hereby given that on November 2, 2016, the City Council (the "City Council")
of the City of Saratoga (the "City") adopted a Resolution entitled "A Resolution of the City
Council of the City of Saratoga, California of Intention to Establish a Community Facilities
District and to Authorize the Levy of Special Taxes". Pursuant to the Mello-Roos Community
Facilities Act of 1982 (the "Law") the City Council of the City hereby gives notice as follows:
A. The text of said Resolution of Intention is as follows:
[insert final resolution text]
B. The exhibits to the Resolution which describe the improvements to be financed and
the rate and method of apportionment of the special taxes for the district are on file in the office
of the City Clerk of the City.
C. The time and place established under said Resolution for the public hearing required
under the Act is December 7, 2016, at 7:00 p.m. or as soon thereafter as the matter may be heard,
in the regular meeting place of the City Council of the City of Saratoga, 13777 Fruitvale Avenue,
Saratoga, CA 95070.
D. At said hearing, the testimony of all interested persons or taxpayers for or against the
establishment of the district, the extent of the district or the furnishing of the specified types of
improvements will be heard. Any person interested may file a protest in writing with the City
Clerk of the City. If fifty percent or more of the registered voters residing in the territory
proposed to be included in the district, or the owners of one-half or more of the area of land in
the territory proposed to be included in the district and not exempt from the special tax file
written protests against the establishment of the district and the protests are not withdrawn to
reduce the value of the protests to less than a majority, the City Council shall take no further
action to establish the district or levy the special taxes for a period of one year from the date of
the decision of the Board, and if the majority protests of the registered voters or the landowners
are only against the furnishing of a type or types of improvements within the district, or against
levying a specified special tax, those types of improvements or the specified special tax will be
eliminated from the proceedings to form the district.
E. The proposed voting procedure shall be by mailed ballot to the registered voters within
the territory proposed to be included in the district.
Dated: _____________, 2016
/s/ Crystal Bothelio
City Clerk of the City of Saratoga
824593.2
180
RESOLUTION NO. 16-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF SARATOGA
COMMUNITY FACILITIES DISTRICT NO. 16-001 (ARROWHEAD)
WHEREAS, the City Council (the "City Council") of the City of Saratoga (the "City")
has this date adopted its Resolution entitled "A Resolution of the City Council of the City of
Saratoga of Intention to Establish a Community Facilities District and to Authorize the Levy of
Special Taxes", stating its intention to establish the City of Saratoga Community Facilities
District No. 16-001 (Arrowhead) (the "Community Facilities District" or the "District") pursuant
to the Mello-Roos Community Facilities Act of 1982 (the "Act") for the purpose of financing
certain public facilities (the "Facilities") and services, as further provided in said Resolution; and
WHEREAS, the Facilities will be constructed, owned and operated by San Jose Water
Company as described in the water facilities offer letter dated July 14, 2016 from San Jose Water
Company to Arrowhead Cooperative Company; and
WHEREAS, in order to finance the Facilities it is necessary to incur bonded
indebtedness in the amount of up to $6 million;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga as
follows:
The City Council hereby declares that in order to finance the Facilities, it is necessary to incur
bonded indebtedness.
The purpose for which the proposed debt is to be incurred is to provide the funds necessary to
pay the costs of the Facilities, including construction costs and all costs incidental to, or
connected with, the accomplishment of said purpose and of the financing thereof, as permitted by
Section 53345.3 of the Act.
The maximum amount of the proposed debt is $6 million.
The City Council hereby fixes December 7, 2016, at 7:00 p.m., or as soon thereafter as the City
Council may reach the matter, at 13777 Fruitvale Avenue, Saratoga, CA 95070, as the time and
place when and where the City Council will conduct a public hearing on the proposed debt issue.
The City Clerk of the City is hereby directed to publish, or cause to be published, a notice of said
public hearing one time in a newspaper of general circulation published in the area of the
Community Facilities District. The publication of said notice shall be completed at least seven
days prior to the date herein set for said public hearing. Said notice shall contain the information
prescribed by Section 53346 of the Act, and shall be substantially in the form attached hereto as
Exhibit A.
181
2
The officers, employees and agents of the City are hereby authorized and directed to take all
actions and do all things which they, or any of them, may deem necessary or desirable to
accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
This Resolution shall take effect immediately upon its adoption.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 2nd day of November 2016 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
E. Manny Cappello, Mayor
Attest:
Crystal Bothelio, City Clerk
182
3
EXHIBIT A
NOTICE OF PUBLIC HEARING
Notice is hereby given that on November 2, 2016, the City Council (the "City Council") of the
City of Saratoga (the "City") adopted a Resolution entitled " A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SARATOGA, CALIFORNIA TO INCUR BONDED
INDEBTEDNESS OF THE PROPOSED CITY OF SARATOGA COMMUNITY FACILITIES
DISTRICT NO. 16-001 (ARROWHEAD)".
Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Law"), the City Council of
the City hereby gives notice as follows:
A. The text of said Resolution is as follows:
[insert final text of resolution]
B. The hearing referred to in the aforesaid Resolution shall be at the time and place
specified in the Resolution, December 7, 2016 at 7:00 p.m.
C. At that time and place any person interested, including persons owning property in the
area of the proposed community facilities district, will be heard upon the proposed debt issue.
Dated: _____________, 2016
/s/Crystal Bothelio
City Clerk of the City of Saratoga
824620.2
183
184
185
186
187
188
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2016
DEPARTMENT:City Manager’s Office
PREPARED BY:Crystal Bothelio, Assistant to the City Manager / City Clerk
SUBJECT:City Council Meeting Schedule
RECOMMENDED ACTION:
Provide direction to staff regarding the City Council’s 2017 meeting schedule, including
cancellation of the January 4, 2017 City Council Meeting.
BACKGROUND:
This item has been placed on the City Council agenda to provide the City Council with the
opportunity to consider cancelling the January 4, 2017 City Council Meeting. Since 2012, the
City Council has canceled the first regular meeting in January.
ATTACHMENTS:
Attachment A –City Council Regular Meeting Calendar for 2017
189
Sunday
S M T W T F S S M T W T F S
1 1 2 3 4 5 6 7 29 30 31 1 2 3 4
2 8 9 10 11 12 13 14 5 6 7 8 9 10 11
3 15 16 17 18 19 20 21 12 13 14 15 16 17 18
4 22 23 24 25 26 27 28 19 20 21 22 23 24 25
5 29 30 31 1 2 3 4 26 27 28 1 2 3 4
6 5 6 7 8 9 10 11 5 6 7 8 9 10 11
S M T W T F S S M T W T F S
26 27 28 1 2 3 4 26 27 28 29 30 31 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15
19 20 21 22 23 24 25 16 17 18 19 20 21 22
26 27 28 29 30 31 1 23 24 25 26 27 28 29
2 3 4 5 6 7 8 30 1 2 3 4 5 6
S M T W T F S S M T W T F S
1 30 1 2 3 4 5 6 28 29 30 31 1 2 3
2 7 8 9 10 11 12 13 4 5 6 7 8 9 10
3 14 15 16 17 18 19 20 11 12 13 14 15 16 17
4 21 22 23 24 25 26 27 18 19 20 21 22 23 24
5 28 29 30 31 1 2 3 25 26 27 28 29 30 1
6 4 5 6 7 8 9 10 2 3 4 5 6 7 8
S M T W T F S S M T W T F S
25 26 27 28 29 30 1 30 31 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 29 30 31 1 2
30 31 1 2 3 4 5 3 4 5 6 7 8 9
S M T W T F S S M T W T F S
1 27 28 29 30 31 1 2 1 2 3 4 5 6 7
2 3 4 5 6 7 8 9 8 9 10 11 12 13 14
3 10 11 12 13 14 15 16 15 16 17 18 19 20 21
4 17 18 19 20 21 22 23 22 23 24 25 26 27 28
5 24 25 26 27 28 29 30 29 30 31 1 2 3 4
6 1 2 3 4 5 6 7 5 6 7 8 9 10 11
S M T W T F S S M T W T F S
29 30 31 1 2 3 4 26 27 28 29 30 1 2
5 6 7 8 9 10 11 3 4 5 6 7 8 9
12 13 14 15 16 17 18 10 11 12 13 14 15 16
19 20 21 22 23 24 25 17 18 19 20 21 22 23
26 27 28 29 30 1 2 24 25 26 27 28 29 30
3 4 5 6 7 8 9 31 1 2 3 4 5 6
Regular City Council Meeting
2017
SEPTEMBER OCTOBER
NOVEMBER DECEMBER
42736 42767
42795 42826
MAY JUNE
JULY AUGUST
42979 43009
43040 43070
JANUARY FEBRUARY
MARCH APRIL
42856 42887
42917 42948
190