HomeMy WebLinkAbout02-20-2008 City Council Agenda PacketAGENDA CITY OF SARATOGA CITY COUNCIL SPECIAL MEETING FEBRUARY 20, 2008 CLOSED SESSION – 5:30 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. REPORT OF CITY CLERK ON POSTING
OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on February 15, 2008) COMMUNICATIONS FROM THE PUBLIC Oral Communications on Non-Agendized
Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing
or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications -Council Direction
to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel – Threatened Litigation: Significant
exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) OPEN? SESSION – 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING
TO ORDER – 6:00 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on February 15, 2008) COMMUNICATIONS
FROM PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda.
The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council
Direction to Staff.
Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. 1. Joint meeting with Santa Clara County Supervisor Liz Kniss Recommended
Action: Informational only. ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the
City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting (28 CFR 35.102-35.104 ADA Title II). Certificate of Posing of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council of the City of Saratoga was posted on February 15, 2008, at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public
review at that location. The agenda is also available on the City’s website at www.saratoga.saratoga.ca.us Signed this 15th day of February 2008 at Saratoga, California. Cathleen Boyer,
CMC, City Clerk
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, February 20, 2008 REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE
ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on February 15, 2008) COMMUNICATIONS FROM COMMISSIONS
& PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The
law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction
to Staff. Oral Communications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Report from
Supervisor Liz Kniss. Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Appointment
of Parks and Recreation Commissioners and Oath of Office Recommended action: Adopt the attached resolution appointing three members to the Parks and Recreation Commission and direct
the City Clerk to administer the Oath of Office. SPECIAL PRESENTATIONS None 1
CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member
of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to
three (3) minutes. 2. City Council Minutes – February 1, 2008 Recommended action: Approve minutes. 3. City Council Minutes – February 6, 2008 Recommended action: Approve minutes. 4.
City Council Minutes – Special Meeting February 6, 2008 Recommended action: Approve minutes. 5. City Council Minutes – Special Meeting February 11, 2008 Recommended action: Approve minutes.
6. Review of Accounts Payable Registers Recommended action: Accept the Check Registers for the following Accounts Payable cycles: January 31, 2008 February 7, 2008 7. Treasurer's Report
for the month ended October 31, 2007 Recommended action: Accept the Treasurer's Report for the month ended October 31, 2007. 8. Adoption of the Neglected Property Ordinance Recommended
action: Waive the Second Reading and adopt the Neglected Property Ordinance. 9. Adoption of Policy Concerning Naming City-owned Land and Facilities Recommended action: Review report
and approve adoption of the Policy Concerning Naming City-owned Land and Facilities. 10. Resolution Amending Resolution 06-020 Extending the Suspension of the Arts Commission Recommended
action: Accept staff report and renew suspension of the Arts Commission for 20 months by amending Resolution 06-020. 2
11. Acceptance of Grant for the remodel of the North Campus Fellowship Building Recommended action: Accept donation from The House Family Foundation through the Saratoga Monte Sereno
Community Foundation in the amount of $149,000 for the remodel of the North Campus Fellowship Building per letter dated February 1, 2008. 12. Approval of Agreement with Joint Venture
Silicon Valley (JVSN) for Greenhouse Gas Emissions Inventory Recommended action: Accept report, approve the agreement with JVSN to prepare a Greenhouse Gas (GHG) Emissions Inventory
for municipal (government-related) operations, and approve City membership in Sustainable Silicon Valley (SSV) and ICLEI – Local Governments for Sustainability (ICLEI). PUBLIC HEARINGS
13. Introduction of (1) Ordinance Adopting and Amending the 2007 editions of the California Building, Plumbing, Mechanical, Electrical and Fire Codes; adopting a new Excavation and Grading
Code; adopting a new Repair and Reconstruction Code and (2) Resolution regarding the need to modify the California Building Code due to local conditions. Recommended action: (1) Introduce
and waive the first reading of the attached ordinance adopting and amending the referenced codes and direct the City Attorney to read the title of the codes to be adopted; (2) Introduce
the attached resolution making findings regarding proposed amendments to the referenced codes; (3) Call a public hearing for March 19, 2008 to consider adoption of the attached ordinance
and resolution; and (4) Direct staff to publish notice of the proposed ordinance adoption in accordance with the special requirements for adopting codes by reference. OLD BUSINESS 14.
Direction to Staff Regarding Santa Clara County Cities Association’s Near-term Policy on Green Building Strategy Recommended action: Accept report and provide direction to staff concerning
next steps in addressing the Santa Clara County Cities Association’s “Near-term Policy on Green Building Strategy”. NEW BUSINESS 15. Addition and Alteration to the North Campus Fellowship
Building – Award of Construction Contract Recommended action: 1. Move to declare CRW Industries, Inc. to be the lowest responsible bidder on the North Campus Fellowship Hall Addition
and Alteration Project. 3
2. Award a construction contract for the North Campus Fellowship Hall Addition and Alteration Project to CRW Industries, Inc. in the amount of $627,114 and authorize the City Manager
to execute the same. 3. Authorize staff to execute change orders to the construction contract in the amount of $62,000. 4. Adopt Budget Resolution amending the Fiscal Year 2007-2008
budget. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith Association of Bay Area Government Comprehensive County Expressway Planning Study Advisory Board (PAB) Hakone Foundation
Executive Committee Santa Clara County Emergency Council SASCC West Valley Mayors and Mangers Association Sister City Liaison Council Finance Committee Highway 9 Safety AdHoc Prospect
Road AdHoc North Campus AdHoc Vice Mayor Chuck Page Chamber of Commerce Hakone Execute Board West Valley Sanitation District West Valley Solid Waste Joint Powers Association Council
Finance Committee Village AdHoc Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC
City School AdHoc Prospect Road AdHoc Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc North
Campus AdHoc Councilmember Aileen Kao County HCD Policy Committee Northern Central Flood Control Zone Advisory Board Santa Clara County Cities Association-Joint Economic Development
Policy Committee (JEDPC) City School AdHoc Highway 9 Safety AdHoc 4
CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please
contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28
CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City
Council of the City of Saratoga was posted on February 15, 2008 of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location.
The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 15th day of February 2008 at Saratoga, California. Cathleen Boyer, CMC City Clerk Note to public:
Please provide the City Clerk with seven (7) copies of any written document that you would like to submit to the City Council in order for it to become part of the public record. 5
NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2008 3/5 Regular Meeting
– Joint Meeting with Saratoga Ministerial Association 3/19 Regular Meeting – Joint Meeting with Planning Commission 4/2 Regular Meeting – Joint meeting with Library Commission and Friends
of the Saratoga Libraries 4/16 Regular Meeting – Joint meeting with Youth Commission 5/7 Regular Meeting – Joint meeting with Mt. Winery 5/21 Regular Meeting – Joint Meeting with Traffic
Safety Commission 6/4 Regular Meeting – Joint Meeting with Parks and Recreation Commission 6/18 Regular Meeting – Joint Meeting with HOA Presidents 7/2 Regular Meeting – Joint meeting
with Heritage Preservation Commission and Historic Foundation 7/16 Regular Meeting – Joint meeting with SASCC 8/6 Regular Meeting – Joint Meeting with Hakone Foundation 8/20 Summer Recess
– No Meeting 9/3 Regular Meeting – Joint Meeting with West Valley Board of Trustees 9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School District 10/1 Regular Meeting
– Joint Meeting with Montalvo Arts 10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High School District 11/5 Regular Meeting – No Joint Meeting Scheduled 11/19 Regular
Meeting – No Joint Meeting Scheduled 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – No Joint Meeting Scheduled 6
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave
Anderson SUBJECT: Appointment of Parks and Recreation Commissioners and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing three members to the Parks and Recreation
Commission and direct the City Clerk to administer the Oath of Office. REPORT SUMMARY: The attached resolution appoints Katherine Forte, Denise Goldberg, and Lerry Wilson to the Parks
and Recreation Commission. The term for these positions will expire on October 1, 2012. Upon direction from the City Council the Oath of Office will be administered by the City Clerk
and signed by the new Commissioners. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Appointments would not be made to Parks and Recreation Commission. ALTERNATIVE
ACTION: N/A FOLLOW UP ACTION: Update City’s Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: 7
Attachment A – Resolution of Appointment Attachment B – Oath of Office 8
RESOLUTION 08-RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING THREE MEMBERS TO THE PARKS AND RECREATION COMMISSION WHEREAS, City Council conducted interviews on February
6 and February 11, 2008 and appointed three new members to the Parks and Recreation Commission; and WHEREAS, the terms for these positions will expire on October 1, 2012. NOW, THEREFORE,
the City Council of the City of Saratoga hereby resolves that the following appointments were made: KATHERINE FORTE DENISE GOLDBERG LERRY WILSON The above and foregoing resolution was
passed and adopted at an adjourned meeting of the Saratoga City Council held on the 20th day of February 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________
Ann Waltonsmith, Mayor ATTEST: ____________________________ Cathleen Boyer, City Clerk 9
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Katherine Forte, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution
of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am
about to enter. __________________________ Katherine Forte, Member Parks and Recreation Commission Subscribed and sworn to before me on This 20th day of February 2008. __________________________
Cathleen Boyer, CMC City Clerk 10
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Denise Goldberg, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution
of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am
about to enter. __________________________ Denise Goldberg, Member Parks and Recreation Commission Subscribed and sworn to before me on This 20th day of February 2008. __________________________
Cathleen Boyer, CMC City Clerk 11
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, Lerry Wilson, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of
the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State
of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about
to enter. __________________________ Lerry Wilson, Member Parks and Recreation Commission Subscribed and sworn to before me on This 20th day of February 2008. __________________________
Cathleen Boyer, CMC City Clerk 12
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave
Anderson SUBJECT: City Council Minutes – February 1, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: City
Council Retreat – February 1, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative
history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from February 1, 2008 13
MINUTES SARATOGA CITY RETREAT WARNER HUTTON HOUSE FEBRUARY 1, 2008 Mayor Waltonsmith called the meeting to order at 9:00 a.m. ROLL CALL PRESENT: Mayor Ann Waltonsmith, Vice Mayor Chuck
Page, Councilmembers Kathleen King, Jill Hunter, Aileen Kao ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Barbara Powell, Assistant City Manager Richard Taylor, City Attorney
Cathleen Boyer, City Clerk Monica LaBossiere, Human Resources Manager Crystal Morrow, Administrative Analyst II Mary Furey, Administrative Services Director John Cherbone, Director of
Public Works John Livingstone, Community Development Director Michael Taylor, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 1, 2008 Cathleen Boyer, City
Clerk reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 1, 2008 was properly posted on January 24, 2008. ORAL COMMUNICATIONS No one requested
to speak. 1. COMMUNITY OUTREACH COUNCIL DISCUSSION Mayor Waltonsmith • Who? What? How? Outreach to schools, civic organizations, church groups, businesses, neighborhoods, sports groups,
etc. • Press releases • Saratoga pins, pencils, etc. • General presentations at various community groups (i.e. SASCC, Rotary) • Provide a general overview of different types of non-profit
and other groups Saratogans can join Vice Mayor Page • Town Hall meetings • Neighborhood meetings • City-wide garage sale o Builds community o Helps increase diversion rates o Suggested
a garage sale in September 2008 14
City Council Retreat Minutes 2 February 1, 2008 Councilmember King • How are we going to get information out – email? • Artsopolis – introduce company to various groups in community
to advertise events Councilmember Hunter • Do not support a city-wide garage sale PUBLIC COMMENTS Marilyn Marchetti suggested that the City sponsor a flea market at West Valley College
and the money could be donated to a nonprofit organization. COUNCIL DIRECTION • Push email subscriptions • Updated financial tri-fold brochure • Informal Commissioner dinner • Create
a list for the City’s website of non-profit and other civic organizations citizens can join in the community • Compile a list HOA contact information • Develop a “State of the City”
or general presentation for Mayor/Council to use when presenting to a group 2. STATUS OF GREENING EFFORTS Barbara Powell, Assistant City Manager, presented staff report. • Explained
AB 32 o Would require cities to reduce greenhouse gases by 2050 to 80% below the number in1990 • Saratoga is is a residential community people have to change their lifestyles • Cities
are creating Climate Action Plans • Saratoga has the opportunity to hire a consultant to prepare a Climate Action Plan through Joint Venture and the Local Government for Sustainability
(ICLEI) for approximately $14,600 • Explained AB 811 o Proposed legislation concerning public financing of private solar installation • Explained the Santa Clara County Cities Association
Green Building Standards COUNCIL DISCUSSION Mayor Waltonsmith • Green Leaf Committee o Continue to support their efforts and provide space for their meetings • Mentioned the Sierra Club’s
efforts to stop clear cut logging • Adopt the SCCSA Countywide Green Building Standards which promotes the use of two types of checklists for builders (LEED & Green Point Rated) • 15
City Council Retreat Minutes 3 February 1, 2008 • Feasibility of Road Impact Fees, Construction and Demolition Ordinance, and GEMS Cars • Requested status on LED light conversion in
street lights and Village trees John Livingstone, Community Development Director • Green Point Rated Checklist o Cities are doing a variety of things with the information – no standardized
policy John Cherbone, Public Works Director • Explained that GEM Cars can only go up to 25 mph and if they go over 35 mph must have dedicated lane • Staff will monitor legislation Vice
Mayor Page • Advocate mandatory Green Point Rated checklist • Suggested staff develop a spreadsheet to keep track of information received from the checklists • Would support a Sustainability/Green
Building Ordinance • Look at alternative lights for Village trees – suggested up-lighting • Saratoga is an area where we get a lot of sunlight o Look into generating our own power (wind
or solar) o Partnership with utility company Councilmember Hunter • Do not support hiring a consultant to prepare Climate Action Plan for the City • Need to educate community • Support
alternative lights in Village trees Councilmember Kao • City needs to know baseline – supports contracting to accomplish Climate Action Plan PUBLIC COMMENTS Marilyn Marchetti noted that
with the current lights in the Village it is hard to see pedestrians crossing the street. Ms. Marchetti suggested replacing the lights in the trees when the City upgrades the sidewalks.
COUNCIL DIRECTION • Continue to support the Green Leaf Committee • Community Development Department will provide LEED and Green Point Rated Checklist on a voluntary basis • Ask the SCCCA
to discuss a standardized data collection method from checklists • Direct staff to: o Create a new code section for Sustainability with cross references to existing ordinances 16
City Council Retreat Minutes 4 February 1, 2008 o Explore Road Impact Fee and bring back to Mayor to decide if it should be agendized for Council discussion o Explore what other cities
are doing in regards to Construction and Demolition Ordinance o Explore what other cities are doing in regards to lights in trees and continue with conversion of LED traffic lights o
Explore cities that have their own utility facilities o Contract with Joint Venture to develop Climate Action Plan 3. ECONOMIC VITALITY Mayor Waltonsmith • SVDC should be a 501c(3) group
– if a nonprofit organization City could help more financially • What is the vision of the Village? Vice Mayor Page • Rental/Lease are below market • Apartments vs. houses in the Village
• Proposal from Buxton included in packet o Works with businesses and municipalities o Physiographical study • SVDC mission is to get people walking in the Village; it’s the Chamber
of Commerce’s responsibility to improve business • Have offered to help SVDC become a nonprofit organization • City has the responsibility to assist with economic development programs
o Suggested forming an adhoc committee Councilmember King • Not enough people to draw retail • Need mixed-use • SVDC is focused on events that happen in the Village not getting people
in the stores • Suggested reverting back to housing from 6th Street on Big Basin Way (CH2) • Put in what people want – don’t worry about sales tax • CH2 designation make sense? • Brainstorm
with the owners of the Buy & Save property • Suggested a Conditional Use review • Suggested expedited Mixed-Use review • Suggested using the two high schools marquee boards to promote
events in the City Councilmember Hunter • SVDC is a informal networking group • SVDC held a community dinner last week at Lupretta’s o Approximately 30 people attended o Discussed business
improvement districts • SVDC sponsors events in the Village that provide a sense of community regardless of sales tax 17
City Council Retreat Minutes 5 February 1, 2008 Councilmember Kao • Do not want to debate the philosophy of SVDC PUBLIC COMMENTS Diane Anderson provided a brief overview on SVDC priorities
from the brainstorming session conducted a few days prior to the Council Retreat. SVDC asked for priorities from the entire brainstorming list and the following is their top priorities:
• Vision for Village • More family/breakfast restaurants • Improvements for retail • Name brand stores • Parking garage • High quality grocery store Marilyn Marchetti noted that the
events that the SVDC sponsor do help the businesses in the Village. Cynthia Chang noted that she feels it is critical that SVDC become a nonprofit organization. Brain Berg stated that
SVDC would like to see historic plaques and visitor friendly kiosks installed in the Village. Scott Anderson stated that the SVDC revitalized the Chamber’s survey and sent it out to
over 70 businesses. Gene Zambetti stated a turn around is needed at the end of 6th Street and suggested lighted crosswalks. Mr. Zambetti suggested that houses and condominiums should
be allowed in the CH2 zone. Paul Hernandez suggested that the Council reach out to other groups in the area and find out what they are doing in regards to economic vitality. COUNCIL
DIRECTION • Consensus to agendize the following: o Economic development study for Saratoga o Expedited mixed-use review • Potential formation of an Economic Development AdHoc Committee
4. EXPEDITED PLANNING PROCESS John Livingstone, presented staff report. Director Livingstone stated that the Permit Streamlining Act requires a 30 day response. Richard Taylor, City
Attorney, stated that Saratoga’s process is quite responsive and fast compared to other cities he is aware of. 18
City Council Retreat Minutes 6 February 1, 2008 Vice Mayor Page • Can staff guide applicant through Planning Commission? • Planning Department is the face of the City for many people
Councilmember King • Allow people to pay more to get through the Planning Department faster • Cost return of hiring more City Planners would be returned by higher fees • Expedited process
might may make all applications move faster • What are the needs of the Community Development Department • How can the Community Development Department workforce be more stabilized Councilmember
Hunter • Stated that she feels the expedited process would not be fair to people who could not afford the higher fees Councilmember Kao • What is the turnaround time to get an application
through Planning? City Attorney Taylor suggested “on call” Planners for those who want to pay for the expedited process. COUNCIL DIRECTION Consensus of the City Council to: • Explore
the possibility of moving the Community Development Block Grant (CDBG) program to the the Administrative Services Department • Agendize Expedited Planning Process 5. COMMUNITY DEVELOPMENT
WORK PLAN Vice Mayor Page • Suggested using the “model” Green Building Ordinance already in place in another City • Suggested funding three ordinances Councilmember King • Suggested
moving Green Building Ordinance in front of the Sign Ordinance • Stated that the Non-conforming Use Ordinance will take a lot of time and money • Suggested getting public input on other
priorities; possibly invite Captain Calderone to talk about the Party Hosting Ordinance Councilmember Hunter • Stated that “Green” seems to be the focus of the Council and the community
City Attorney Taylor noted that each ordinance costs approximately $15-$25,000. 19
City Council Retreat Minutes 7 February 1, 2008 COUNCIL DISCUSSION Consensus of the City Council to fund the following ordinances: • Non-conforming Use Ordinance • Sign Ordinance • Party
Hosting Ordinance 6. COUNCIL PROCESS, ROLES & PROCEDURES Mayor Waltonsmith • Suggested training on Code of Ethics for new councilmembers • Parks and Recreation Commission (PRC) add Facility
Naming Procedures to their job description • Suggested that the PRC meet more that six times per year, possibly every month for the first year Vice Mayor Page • Suggested letting the
PRC get started again; let the Commission come to the Council and ask to have more meetings • Suggested more Commissioner training • Parks Initiative needs to be addressed by PRC Councilmember
King • Suggested that the PRC sponsor citywide events (i.e. Biking backwards, July 4th ) • Unable to create Arts Council;
Montalvo not interested (not part of their mission statement) • Suggested letting the PRC get started and in six months revisit and possibly combine with Arts and Culture City Attorney
Taylor noted that there is no law against commissions raising money – it just raises a lot of concerns and questions. City Attorney Taylor noted that fundraising is better if it is done
independently from the City. COUNCIL DIRECTION Consensus of the City Council to: • Allow the Arts Commissioners terms to expire and continue suspension until March 1, 2009 • Agendize
the City of Santa Clara’s Code of Ethics prior to the November election – use as a model 7. MID-YEAR BUDGET REVIEW Mary Furey, Administrative Services Director, explained the forecast
summary worksheets. City Manager Anderson noted that version 2 of the forecast summary includes staffing changes in Administrative Services and Public Works Departments to reflect a
balance budget forecast. We will be recommending the following changes to the 20
City Council Retreat Minutes 8 February 1, 2008 budget when submitted this spring. City Manager Anderson explained that staff is recommending underfilling the IT Analyst position, suspending
the IT Tech position and hiring an intern for support. In regards to Public Works, City Manager Anderson noted that the Associate Engineer position would be eliminated and the duties
redistributed among other Public Works staff in a reorganization of duties/titles. City Manager Anderson stated that the City needs to conduct a nexus study increase fees to support
advanced planning in the Community Development Department . In addition, we have an existing nexus study for a road impact fee that could be brought before City Council if they were
interested. Director Cherbone noted that he plans to reorganize his department if the changes above are approved by the Council. COUNCIL DISCUSSION Mayor Waltonsmith • Need to look at
increasing revenues in the future so as to not constantly cut expenses • Ok with current CIP – not in favor of moving reserves to special projects Vice Mayor Page • 23% of General Fund
is in reserves, what do other cities carry? Councilmember King • Requested that the Sheriff’s Office budget be a separate detailed line item • Ok with undesignated reserves growing and
support moving a percentage to designated CIP and special projects COUNCIL DIRECTION • Staff will provide individual training sessions on finance and budget with each Councilmember on
a as needed basis • Council Finance Committee will review Fund Balance Polices • Update financial tri-fold brochure including CIP project descriptions • Ok with setting some undesignated
fund balance to be allocated to an account for Service Improvements • Develop fee to support Advanced Planning 8. COMMUNITY CALENDAR OF EVENTS COUNCIL DISCUSSION Mayor Waltonsmith •
Would like to link one or two agencies to provide a calendar • Would cost a lot of money to generate a community calendar in house; would have to outsource – does not support hiring
another staff person to do this Vice Mayor Page • Would like to see current events listed on the City’s website but concerned with the accuracy of data and the number people who will
want the City to host on our website 21
City Council Retreat Minutes 9 February 1, 2008 • Other cities have their Chamber of Commerce link on their website Councilmember Hunter • Would like to see SVDC’s calendar of events
on the City’s website • Must be consistent about who is/isn’t listed on website • Suggested spending some Undesignated Funds to provide a community calendar on the City’s website Councilmember
Kao • Thinks this should be a function of the Chamber of Commerce Crystal Morrow, Administrative Analyst II, suggested providing information about Artsopolis to the Chamber of Commerce.
Analysis Morrow stated that if you use Artsopolis, you could tailor/restrict what would be listed. City Attorney Taylor noted that listing other organizations of the City’s website might
bring up some First Amendment issues. City Attorney Taylor noted that once the City lists one, we must list all. City Attorney Taylor noted that the City would have to develop a policy
about how to limit entries on the calendar. COUNCIL DIRECTION Consensus of the City Council to: • Direct staff to pursue both Artsopolis and the Chamber of Commerce and bring more information
back to Council at a future meeting. ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the meeting at 5:00 p.m. and thanked everyone for attending the retreat.
Respectfully submitted, Cathleen Boyer, CMC City Clerk 22
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave
Anderson SUBJECT: City Council Minutes – Regular Meeting February 6, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council
Meeting: Regular Meeting – February 6, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative
history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from February 6, 2008 23
MINUTES SARATOGA CITY COUNCIL FEBRUARY 6, 2008 Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers
Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Barbra Powell, Assistant City Manager Richard
Taylor, City Attorney Cathleen Boyer, City Clerk Crystal Morrow, Administrative Analyst II Mary Furey, Administrative Services Director John Livingstone, Community Development Director
John Cherbone, Public Works Director Michael Taylor, Recreation Director Chris Riordan., Senior Planner Jana Rinaldi, Code Enforcement Specialist REPORT OF CITY CLERK ON POSTING OF AGENDA
FOR FEBRUARY 6, 2008 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 6, 2008, was properly posted on February
1, 2008. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Roger Montgomery pointed out the traffic problems on Fruitvale and Allendale Avenue. COUNCIL
DIRECTION TO STAFF Responding to Mr. Montgomery’s comments, Councilmember King asked if the Traffic Safety Commission could look at this area again. Mayor Waltonsmith suggested referring
this issue to the City/School AdHoc Committee. Councilmember King concurred with Mayor Waltonsmith’s suggestion and added that West Valley College should be invited to participate in
this discussion. 24
City Council Minutes February 6, 2008 COMMUNICATIONS FROM COMMISSIONS & PUBLIC Captain Terry Calderone, Santa Clara County Sherriff’s Office, reported that he met with the City Council
prior to tonight’s meeting and discussed current trends in traffic and accidents in the City and response times. Captain Calderone also introduced Lieutenant Carl Neusel. Chief Ken Waldvogel,
Santa Clara County Fire, reported the Fire District also met with the City Council. Chief Waldvogel stated that they discussed the upcoming building code update, emergency response times,
and the future between the Saratoga Fire District and County Fire. ANNOUNCEMENTS Councilmember Kao noted that this week was Lunar New Year. Councilmember Hunter announced that the Mustard
Faire was scheduled for Sunday, February 10, 2008 from 11:00 a.m. – 3:00 p.m. Councilmember King announced that on February 28, 2008 from 9:00 a.m. – 11:00 a.m. Supervisor Liz Kniss’
Office would be hosting a workshop on “Planning for Healthy Communities”. Councilmember King noted that on February 23, 2008 “Argonaut Fun Day” would take place. Vice Mayor Page announced
that the City’s Clean-Up was taking place and noted that if any residents have questions about what they can/cannot put out on the curb they should go to www.westvalleyrecycles.com.
Mayor Waltonsmith noted that the next Green Leaf Committee was scheduled for February 21, 2008 at 7:00 p.m. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS Darren Defner introduced Papia
Gambelin, the new PG&E Government Affairs Representative for the City. Ms. Gambelin stated that she looks forward to working with the City of Saratoga. 25
City Council Minutes February 6, 2008 CONSENT CALENDAR 1. CITY COUNCIL MINUTES -JANUARY 15, 2008 STAFF RECOMMENDATION: Approve minutes. KING/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES
OF JANUARY 15, 2008. MOTION PASSED 5-0. 2. CITY COUNCIL MINUTES -JANUARY 16, 2008 STAFF RECOMMENDATION: Approve minutes. KING/PAGE MOVED TO APPROVE CITY COUNCIL MINUTES OF JANUARY 16,
2008. MOTION PASSED 5-0. 3. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles:
January 17, 2008 and January 24, 2008 KING/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR JANUARY 17, 2008 AND JANUARY 24, 2008. MOTION PASSED 5-0. 4. AUTHORIZATION FOR MAYOR TO RESPOND TO
2006-07 GRAND JURY REPORT STAFF RECOMMENDATION: Review report and authorize the Mayor to sign the response letter to the 2006-07 Santa Clara County Civil Grand Jury Report “Disaster
Preparedness in the County: Improvements Needed” (Attachment “A”). KING/PAGE MOVED TO AUTHORIZE THE MAYOR TO SIGN THE RESPONSE LETTER TO THE 2006-07 SANTA CLARA COUNTY CIVIL GRAND JURY
REPORT “DISASTER PREPAREDNESS IN THE COUNTY: IMPROVEMENTS NEEDED. MOTION PASSED 5-0. 5. TRAFFIC SAFETY COMMISSION MEETING SCHEDULE STAFF RECOMMENDATION: Adopt the resolution approving
a revised meeting schedule RESOLUTION: 08-005 KING/PAGE MOVED TO ADOPT RESOLUTION APPROVING REVISED MEETING SCHEDULE. MOTION PASSED 5-0. 26
City Council Minutes February 6, 2008 6. MOTOR VEHICLE (MV) RESOLUTION AUTHORIZING NO PARKING STAFF RECOMMENDATION: Move to adopt the Motor Vehicle Resolution authorizing “No Parking”
on Douglas Lane RESOLUTION: MV-272 KING/PAGE MOVE TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING “NO PARKING” ON DOUGLAS LANE. MOTION PASSED 5-0. 7. AMENDMENT TO THE AGREEMENT WITH
MHA ENVIRONMENTAL CONSULTING FOR PREPARATION OF THE MITIGATED NEGATIVE DECLARATION FOR ST. ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH STAFF RECOMMENDATION: Authorize the City Manager
to execute an amendment to the agreement with MHA Environmental Consulting for preparation of the Mitigated Negative Declaration for St. Archangel Michael Serbian Orthodox Church. Diane
Drewke requested that this item be removed form the Consent Calendar. Ms. Drewke asked why City resources are being used for a second Environmental Impact Report. Ms. Drewke stated that
the neighbors are not in favor of the current building and they do not support the variances the Church is asking for. Ms. Drewke requested that this project be scheduled for another
Planning Commission study session. Robert Barr noted that he concurred with Ms. Drewke’s comments. Director Livingstone explained that if an EIR has to be done on a project, the Applicant
is responsible for all costs associated with the contract. PAGE/KAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH MHA ENVIRONMENTAL CONSULTING FOR
PREPARATION OF THE MITIGATED NEGATIVE DECLARATION FOR ST. ARCHANGEL MICHAEL SERBIAN ORTHODOX CHURCH. MOTION PASSED 5-0. PUBLIC HEARINGS 8. PROPOSED NEGLECTED PROPERTY ORDINANCE STAFF
RECOMMENDATION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing and approve the attached ordinance and waive the First Reading
and direct staff to schedule this item for a Second Reading for adoption on 27
City Council Minutes February 6, 2008 the consent calendar at the next regularly scheduled City Council meeting. John Livingstone, Community Development Director, presented staff report.
Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. PAGE/KING MOVED TO APPROVE ORDINANCE AND WAIVE THE
FIRST READING AND DIRECT STAFF TO SCHEDULE THIS ITEM FOR A SECOND READING FOR ADOPTION ON THE CONSENT CALENDAR AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING. MOTION PASSED 5-0.
OLD BUSINESS 9. ADOPTION OF PROPOSED POLICY CONCERNING NAMING CITYOWNED LAND AND FACILITIES STAFF RECOMMENDATION: Review report and approve adoption of the Policy Concerning naming City-owned
Land and Facilities Barbara Powell, Assistant City Manager, presented staff report. The following people requested to speak on this item: Ron Adolphson pointed out that he has been on
the Los Gatos-Saratoga Union High School Board of Trustees for the last 12 years. Mr. Adolphson noted that the Board has never had a policy for honoring or naming. Mr. Adolphson noted
that the Board recently adopted a policy, which leaves all decisions to the Board. Mr. Adolphson suggested the Council adopt a similar policy. Joyce Hlava suggested that an employee
with tenure should be added to the draft policy. Consensus of the City Council to direct staff to revise the form to include policy statement concerning renaming; leave out reference
to whether individual must be living or deceased; include language from matrix concerning cost of plaque/sign/monument; and revise naming criteria #F to include suggestions from interested
residents. NEW BUSINESS 10. SANTA CLARA COUNTY CITIES ASSOCIATION POLICY PRIORITIES FOR 2008 STAFF RECOMMENDATION: Accept report, recommended three to five policy priorities proposals
for the Santa Clara County Cities Association (SCCCA) 2008 policy priorities, and authorize staff to return suggestions to the SCCCA Board of Directors for their February meeting. 28
City Council Minutes February 6, 2008 Crystal Morrow, Administrative Analyst, presented staff report. Consensus of the City Council to direct staff to recommend the following top priorities
for 2008: 1. Countywide Association of Bay Area Governments (ABAG) Housing Allocations vs. Allocations by City 8. Countywide Green Building Standards 10. Countywide Streamlined Solar
Policy and Solar Permitting Process 12. Water Conservation Best Practices Consensus of the City Council to recommend the following lowest policy priorities for 2008: 16. Gang Intervention,
Suppression, and Prevention 17. Speed Limit Policy 11. SARATOGA HISTORICAL PARK CONCEPTUAL PLAN STAFF RECOMMENDATION: 1. Review and approve Saratoga Historical Park Conceptual Plan.
2. Authorize staff to move forward on construction design plans and construction cost estimates. John Cherbone, Public Works Director, presented staff report. The following person requested
to speak on this item: April Halberstadt, Executive Director of the Saratoga Museum, explained the conceptual plan and noted that the Saratoga Horticulture Society developed many of
the plants that will be used. HUNTER/KING MOVED TO AUTHORIZE STAFF TO MOVE FORWARD ON CONSTRUCTION DESIGN PLANS AND CONSTRUCTION COST ESTIMATES AND REPLACE THE OAK TREE THAT FORMERLY
STOOD BESIDES THE BOOK-GO-ROUND. MOTION PASSED 5-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Waltonsmith reported the following information: Comprehensive County Expressway Planning Study
Advisory Board (PAB) – discussed concerns regarding Lawrence Expressway and Prospect Road. Prospect Road may be getting an extra turning lane. SASCC – sent out letters requesting donations.
North Campus AdHoc II – started calling people for donations. Vice Mayor Page reported the following information: West Valley Sanitation District – recently reorganized and he was appointed
Vice Chair. Santa Clara County Valley Water Commission – attended the meeting for Councilmember Hunter. Discussed new a problem that can block outlets. 29
City Council Minutes February 6, 2008 Councilmember King reported the following information: Peninsula Division, League of California Cities – annual dinner will be held on February
28, 2008. Valley Transportation Authority PAC – the next meeting will be their first time using a paperless packet. City/School AdHoc Committee – need to schedule a meeting with Pop
Warner. Facility Naming Committee – removed from list. North Campus AdHoc – remove from list. Councilmember Hunter reported the following information: County HCD Policy Committee – attended
the meeting for Councilmember Kao. Application packets were handed out and need to be reviewed prior to the next meeting. KSAR – members of the Board took a tour of KNTV. Library Joint
Powers Association – the new Saratoga Librarian was introduced, Dr. Barbara Williams. Councilmember Kao had no reportable information. CITY COUNCIL ITEMS Mayor Waltonsmith suggested
that the naming of the North Campus be referred to the Parks and Recreation Commission. Consensus of the City Council to refer the naming of the North Campus to the Parks and Recreation
Commission. CITY MANAGER’S REPORT None ADJOURNMENT PAGE/KING MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0. There being no further business Mayor Waltonsmith adjourned the regular
meeting at 9:55 P.M. Respectfully submitted, Cathleen Boyer, CMC City Clerk 30
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave
Anderson SUBJECT: City Council Minutes – Special Meeting February 6, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council
Meeting: Special Meeting – February 6, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative
history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from February 6, 2008 31
MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING FEBRUARY 6, 2008 Mayor Waltonsmith called the Special City Council meeting to order at 5:15 p.m. REPORT OF CITY CLERK ON POSTING OF AGENDA
FOR FEBRUARY 6, 2008 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 6, 2008, was properly posted on February
1, 2008. ORAL COMMUNICATIONS No one requested to speak. COUNCIL DIRECTION TO STAFF None OPEN SESSION The City Council conducted an interview at 5:15 p.m. for three vacancies on the Parks
and Recreation Commission in the Administrative Conference Room. Interviews will continue on February 11, 2008. The City Council held a Joint meeting at 5:30 p.m. with the Santa Clara
County Sheriff’s Office and the Santa Clara County Fire District in the Administrative Conference Room. ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the special
meeting at 6:55 P.M. Respectfully submitted, Cathleen Boyer, CMC City Clerk 32
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave
Anderson SUBJECT: City Council Minutes – Special Meeting February 11, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council
Meeting: Special Meeting – February 11, 2008 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative
history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from February 11, 2008 33
MINUTES SARATOGA CITY COUNCIL SPECIAL MEETING FEBRUARY 11, 2008 Mayor Waltonsmith called the Special City Council meeting to order at 6:00 p.m. REPORT OF CITY CLERK ON POSTING OF AGENDA
FOR FEBRUARY 11, 2008 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 11, 2008, was properly posted on February
5, 2008. ORAL COMMUNICATIONS No one requested to speak. COUNCIL DIRECTION TO STAFF None ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel – Threatened Litigation: Significant
exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) MAYOR’S REPORT ON CLOSED SESSION Mayor Waltonsmith stated that there was no reportable information.
OPEN SESSION The City Council conducted interviews at 6:00 p.m. for three vacancies on the Parks and Recreation Commission in the Administrative Conference Room. ADJOURNMENT There being
no further business Mayor Waltonsmith adjourned the special meeting at 6:55 P.M. Respectfully submitted, Cathleen Boyer, CMC City Clerk 34
AGENDA ITEM: CITY MANAGER: Dave Anderson Karen Caselli DIRECTOR: Mary Furey RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment
cycles: January 31, 2008 February 7, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 01/31/08 107010 107058 49 $97,050.61 01/31/08 01/24/08 107009 02/07/08
107059 107107 49 $684,242.05 02/07/08 01/31/08 107058 Total $781,292.66 AP Date Check No. Issued to Dept. Amount 01/31/08 107042 Various $51,219.93 02/07/08 107067 Community Development
$14,176.04 02/07/08 107071 Community Development $309,499.10 02/07/08 107076 C.I.P. $281,990.74 02/07/08 107077 Various $10,836.00 02/07/08 107081 C.I.P. Activity $26,391.96 The following
is a list of Accounts Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 1/31/08 2/7/08 103249 $ (50.00) 2/7/08 103703 $ (50.00) 2/7/08 107016 $ (3,655.00)
Amount Description S. Clara County Emergency Svc SARATOGA CITY COUNCIL Various Various Finance & Administrative Services Accounts Payable Checks Released Legal Fees -Monthly Services
February 20, 2008 SUBJECT: Review of Accounts Payable Check Registers. Stale dated check -voided, reissued to vendor 2/7/08 S. Clara County Emergency Svc No Manual/Void Checks Purpose
Prior Check Register Ending Check No. Total Checks MEETING DATE: Date City of San Jose DEPARTMENT: The following is a list of Accounts Payable checks issued for more than $10,000 and
a brief description of the expenditure: Fund Type of Checks Starting Check No. PREPARED BY: Shute, Mihaly & Weinberg General Law Enforcement -Monthly Services Animal Control -General
Monthly Services Accounts Payable Landscaping -Monthly Services Gachina Landscape Management Various G. Bortolotto & Co., Inc. Saratoga-Sunnyvale -Phase 2 Saratoga-Sunnyvale Road Rehabilitation
County of S. Clara -Office of Sheriff Information Display Company 2 Solar Radar Feedbacks Solar Speedcheck Radar -Pierce Road Stale dated check -voided, reissued to vendor 2/7/08 CA
Parks & Recreation Voided, reissued to vendor 2/7/08 35 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
The following is a list of cash reduction by fund: Fund # AP 1/31 AP 2/7 Total 001 General 75,456.82 361,888.73 437,345.55 201 Manor Drive Landscape 1 60.00 160.00 202 Ferdericksburg
Landscape 1 32.00 132.00 203 Greenbriar Landscape 5 37.00 3 99.00 936.00 204 Quito Lighting -205 Azule Lighting -206 Sarahills Lighting -207 Village Lighting -209 McCartysville Landscape
2 15.00 215.00 210 Tricia Woods Landscape 7 5.00 75.00 211 Arroyo de Saratoga Landscape 8 5.00 85.00 212 Leutar Court Landscape 8 5.00 85.00 215 Bonnet Way Landscape 1 27.00 127.00 216
Beauchamps Landscape 8 5.00 85.00 217 Sunland Park Landscape 3 40.00 340.00 222 Prides Crossing Landscape 4 50.00 450.00 224 Village Commercial Landscape -225 Saratoga Legends Landscape
3 63.00 363.00 226 Bellgrove Landscape 1 ,985.00 1,985.00 227 Cunningham/Glasgow Landscp 1 45.00 145.00 228 Kerwin Ranch Landscape 3 40.00 340.00 229 Tollgate LLD 9 0.00 90.00 231 Horseshoe
Landscape/Lighting 3 20.00 320.00 232 Gateway Landscape 3 64.00 364.00 233 Carnelian Glen 1 1 35.00 135.00 270 CDBG Administration -271 Saratoga Housing & Rehab.Prg. -400 Library Bond
Debt Service -501 Equipment Replacement ISF -502 Information Technology -503 Facility Improvement 1 ,806.09 1 ,229.00 3,035.09 504 Facilities 3 ,478.01 3 ,366.29 6,844.30 505 Information
Technology 1 04.95 8 85.31 990.26 506 Office Stores Fund 2 ,821.48 2,821.48 510 Liability/Risk Mgt -511 Workers' Comp -701 Traffic Safety -702 Highway 9 Safety -704 -706 Sidewalk Annual
Project -708 6 ,293.75 281,990.74 288,284.49 716 Highway 9/Oak Pedestrain -720 KSAR/CATV Agency Fund -724 Village Newsrack Enclosures -726 2 Solar Radar Feedbacks 26,391.96 26,391.96
727 El Quito Area Curb Replacement -731 Storm Drain Upgrades -Fund Description Annual Street Resurfacing Saratoga Sunnyvale PH 2 36 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
The following is a list of cash reduction by fund: (cont.) Fund # AP 1/31 AP 2/7 Total 732 Median Landscape/Irrigation -734 Civic Center Landscape 1 ,612.00 1,612.00 735 Village Lights
(Zone 7A) -736 Village Trees Lighting -738 Cox Ave Railroad Crossing -739 -744 Village Sidewalk, Curb/Gutter 3 42.25 342.25 746 Saratoga-Sunnyvale Gateway -747 -748 El Ca Grante/Monta
Vista -749 Sara-Sun Gateway Sidewalk -752 -755 Warner Hutton House Improv. 1 ,287.09 1,287.09 762 North Campus/19848 Prospect 1 ,913.46 1 ,307.93 3,221.39 766 Historical Park Fire Alarm
-780 -783 -785 -786 1 ,453.78 1,453.78 789 -790 6 17.95 617.95 791 6 13.07 613.07 792 Alternative Soccer Field -793 -795 -796 -797 San Marcos OP Space Trail -97,050.61 684,242.05 781,292.66
---ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format TOTAL Teerlink
Ranch Trail Repair Carnelian Glen Footbridge UPRR/De Anza Trail Citywide Tree Replanting Fund Description Kevin Moran Trail Segment #3 Repair Beauchamp Park Fund Parks/Trails Repair
Sara-Sun ADA Curb Ramps Hakone Garden D/W Document Imaging Project Prospect Road Medians Wildwood Park -Wtr/Seat 37 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
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SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD:
Mary Furey, Finance & Admin Services Director SUBJECT: Treasurer’s Report for the Month Ended October 31, 2007 RECOMMENDED ACTION The City Council accept the Treasurer’s Report for the
month ended October 31, 2007. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section
2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund
balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund
balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis 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
IMPACT Cash and Investments Balance by Fund As of October 31, 2007, the City had $107,684 in cash deposit at Comerica bank, $13,038,843 on deposit with LAIF, and $2,749 in cash with
fiscal agents for the Public Financing Authority Bond account and the Library GO Bond. Council Policy on operating 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 October 31, 2007
is $13,149,277 and exceeds the limit required. 48
Cash Summary Unrestricted Cash Comerica Bank 107,685 Deposit with LAIF 13,038,843 13,146,528 Restricted Cash Fiscal Agents 2,749 2,749 Total 13,149,277 CONSEQUENCES OF NOT FOLLOWING
RECOMMENDED ACTION The City will not be in compliance with Government Code Section 53891 and Section 40804. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC
CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E
– Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 49
ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at October
31, 2007 General General Fund $ 1 90,749 Reserved Fund Balance Petty Cash Reserve $ 1 ,300 Retiree Medical Reserve $ 6 2,500 Designated Reserves: Designated for Economic Uncertainty
$ 1 ,500,000 Designated for Operations $ 2 ,688,036 Designated for Carryforwards $ 2 53,875 Designated for Grants $ 8 0,000 Designated for CIP -Radar Signs $ 4 7,000 Designated for Claims
$ 3 8,695 Designated for Special Project Reserve $ 4 50,000 Development Services $ 1 ,684,889 Enviromental Programs $ 7 10,667 Development Fees $ 1 18,923 Special Revenue Landscape and
Lighting $ 2 24,417 Community Development Block Grant $ -SHARP Loan Fund $ 9 6,332 Capital Project Park Development Fund $ 2 4,227 Library Expansion Capital Project Fund $ 3 00,077 Highway
Users Gas Tax $ 3 58,332 Street Projects $ 1 ,848,158 Park and Trail Projects $ 1 ,517,834 Facility Improvement Projects $ 4 06,980 Adminstrative Projects $ 1 68,418 Debt Service Library
Bond $ 1 02,371 Internal Service Equipment Replacement $ 5 8,573 IT Replacement $ 2 94,612 Facility Improvement $ 9 ,948 Equipment Maintenance $ (5,834) Information Technology Services
$ (27,377) Office Stores Fund $ 4 ,497 Liability/Risk Management $ (51,527) Workers Compensation $ (40,607) Trust/Agency Leonard Road $ (3,469) Public Financing Authority $ 1 ,230 KSAR
-Community Access TV $ 3 5,450 Total City $ 1 3,149,277 50
ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at October 31, 2007. This table excludes Trust and
Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Sep Revenues Expenditures Transfers
Fund Balance 10/31/07 General Undesignated Unreserved Balance 1,929,189 (1,144,628) 1,058,791 1,897,655 (54,303) Reserved Fund Balance: Petty Cash Reserve 1,300 ---1,300 Retiree Medical
Reserve 62,500 ---62,500 Designated Fund Balances: Designated Economic Uncertainty 1,500,000 ---1,500,000 Designated for Operations 2,688,036 ---2,688,036 Designated for Grants 80,000
---80,000 Designated for CIP Radar Signs 47,000 ---47,000 Designated for Special Projects 450,000 ---450,000 Designated for Claims 38,695 Designated for Development 1,355,084 922 (314)
-1,355,692 Designated for Environmental 710,668 ---710,668 Special Revenue Landscape/Lighting 316,077 (84,747) 16,586 23,495 224,420 SHARP Loan 89,588 1,667 5,077 -96,331 Capital Project
Park Development 209,087 (184,860) --24,227 Library Expansion 684,725 (4,110) 5,038 2,173 683,481 Highway Users Gas Tax 438,316 (178,689) 97,413 -357,040 Street Projects 1,703,307 282,142
-40,930 -1,944,519 Park and Trails 1,298,728 385,546 -13,127 -1,671,147 Facility Improvements 441,991 (28,252) 650 7,411 -406,979 Adminstrative Projects -69,872 98,546 --168,418 Debt
Service Library Bond 746,556 (656,479) 10,775 -100,853 Internal Service Fund Equipment Replacement 8,572 -50,000 -58,572 Technology Replacement 352,280 (70,694) 13,026 -294,612 Building
Maintenance 14,458 (121,346) 178,627 61,627 10,111 Equipment Maintenance -(34,965) 49,371 20,402 (5,996) Information Technology Services -(84,610) 92,452 35,269 (27,427) Stores Fund
-(9,033) 16,250 2,720 4,497 Liability/Risk Management -(120,014) 72,159 3,673 (51,527) Workers Compensation -(46,748) 61,750 55,609 (40,607) Total City 15,166,157 (2,029,026) 1,826,198
2,164,091 -12,760,543 51
ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative
Project Program Funds. CIP Funds/Projects Cash & Investment Balance at October 31, 2007 Street Projects Traffic Safety 35,348 Highway 9 Safety Project 58,960 Annual Street Resurfacing
Project 59,987 Sidewalks Yearly Project 98,980 Saratoga Sunnyale Road Resurfacing 122,119 Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road Bridge
Replacement 9,730 Quito Road Bridge Construction 113,859 Solar Power Radar Feedback Signs 62,000 El Quito Area Curb Replacement 127,370 Sobey Road Culvert Repair 150,000 Storm Drain
Upgrades 11,314 Median Repairs(Landscape/Irrig.) 4,021 Village-Trees & Light 50,000 Village Trees & Lights at Sidestreets 39,920 Cox Ave Railroad Crossing Upgrade 24,392 Prospect Road
Median 50,000 City Entrance Sign/Monument 13,467 Village-Streetscape Impv (Sidewalk, Curbs) 737,846 Saratoga-Sunnyvale/Gateway (15,383) Saratoga-Sunnyvale ADA Curb Ramps (350) Storm
Drain @El Camino /Mt Vista 85,321 Saratoga-Sunnyvale/Gateway Sidewalk 74,148 Total Street Projects $ 1,848,158 Parks & Trails Beauchamp Park 13,362 Wildwood Park 10,000 Historical Park
37,200 Historical Park Landscape 106,530 Hakone Garden D/W 164,283 DeAnza Trail (190,232) Kevin Moran Improvements 1,097,337 West Valley Soccer Field 147,860 Park/Trail Repairs 37,941
Heritage Orchard Path 25,000 Trail Segment #3 Repair 13,225 Teerlink Ranch Trail 30,000 San Marcos OP Space Trail 25,328 Total Parks & Trails $ 1,517,834 Facility Improvements Civic
Center Landscape 62,625 WHH Improvements 22,396 Facility Projects (250) Fire Alarm at McWilliams & Museum 20,387 North Campus -19848 Prospect Road 295,560 Historical Park Fire Alarm
System 6,262 Total Facility Improvements $ 406,980 Administrative Projects Financial System Upgrade 70,734 Document Imaging Project 97,684 Total Administrative Projects $ 168,418 Total
CIP Funds $ 3,941,390 52
ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project
Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Sep Revenues Expenditures Transfers Fund Balance 10/31/07 Street Projects Traffic Safety 41,355 (6,007) --35,348
Highway 9 Safety Project 58,960 ---58,960 Annual Street Resurfacing Project -95,074 -35,086 59,987 Sidewalks Yearly Project 108,605 (3,925) -5,700 98,980 Saratoga Sunnyale Road Resurfacing
-122,384 -265 122,119 Fourth Street Bridge 100,000 ---100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) ---(164,891) Quito Road Bridge Replacement 9,730 ---9,730 Quito Road Bridge
Construction 113,859 ---113,859 Solar Power Radar Feedback Signs 15,000 47,000 --62,000 El Quito Area Curb Replacement 213,178 --( 10,551) 223,730 Sobey Road Culvert Repair 150,000 ---150,000
Storm Drain Upgrades 11,314 ---11,314 Median Repairs(Landscape/Irrig.) 4,021 ---4,021 Village Improvements 50,000 ---50,000 Village Trees & Lights at Sidestreets 7,000 43,000 -10,080
39,920 Cox Ave Railroad Crossing Upgrade 24,392 ---24,392 Prospect Road Median 50,000 ---50,000 City Entrance Sign/Monument 13,467 ---13,467 Village-Streetscape Impv (Sidewalk, Curbs)
737,846 ---737,846 Saratoga-Sunnyvale/Gateway 74,148 (89,531) --(15,383) Saratoga-Sunnyvale ADA Curb Ramps ---350 (350) Storm Drain @El Camino /Mt Vista 85,321 ---85,321 Saratoga-Sunnyvale/Gateway
Sidewalk -74,148 --74,148 Total Street Projects $ 1,703,307 $ 282,142 $ -$ 40,930 $ -$ 1,944,519 Parks & Trails Beauchamp Park -13,362 --13,362 Wildwood Park -10,000 --10,000 Historical
Park -37,200 --37,200 Historical Park Landscape -106,530 --106,530 Hakone Garden D/W 164,283 ---164,283 DeAnza Trail (184,219) 147,375 -6,013 (42,857) Kevin Moran Improvements 1,112,298
(10,962) -3,999 1,097,337 West Valley Soccer Field 155,868 (8,009) --147,860 Park/Trail Repairs 44,558 (3,754) -2,864 37,940 Heritage Orchard Path -25,000 --25,000 Trail Segment #3 Repair
-13,476 -251 13,225 Teerlink Ranch Trail -30,000 --30,000 San Marcos OP Space Trail -25,328 --25,328 CIP Allocation Fund 5,939 ---5,939 Total Parks & Trails $ 1,298,728 $ 385,546 $ -$
13,127 $ -$ 1,671,147 Facility Improvements Civic Center Landscape 63,703 (1,079) --62,624 WHH Improvements 25,000 (1,265) -1,340 22,395 Facility Projects -(250) --(250) Fire Alarm at
McWilliams & Museum 25,000 (4,613) --20,387 North Campus -19848 Prospect Road 322,025 (21,045) 650 6,071 295,560 Historical Park Fire Alarm System 6,262 ---6,262 Total Facility Improvements
$ 441,991 $ (28,252)$ 650 $ 7,411 $ -$ 406,979 Administrative Projects Financial System Upgrade -70,734 --70,734 Document Imaging Project -(862) 98,546 -97,684 Total Administrative Projects
$ -$ 69,872 $ 98,546$ -$ -$ 168,418 Total CIP Funds $ 3,444,026 $ 709,309 $ 99,196 $ 61,468 $ -$ 4,191,063 53
ATTACHMENT E 54
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John
F. Livingstone, AICP SUBJECT: Adoption of the Neglected Property Ordinance (CONSENT ITEM) RECOMMENDED ACTION: Staff recommends the City Council waive the Second Reading and adopt the
Neglected Property Ordinance. REPORT SUMMARY: On February 6, 2008, the City Council conducted a public hearing, introduced the ordinance, and voted to place the ordinance on consent
for adoption. DISSCUSSION: City Code Enforcement staff receives numerous complaints from City residents regarding conditions of neglect or deterioration on various properties in the
City. Residents complain of overgrown weeds, dead or dying landscaping, abandoned or poorly maintained homes, and similar issues. The City Code provides the City with tools to address
conditions that present a fire hazard or other clear threat to health or safety, but it does not deal with neglected properties that are not a risk to the public health. The attached
ordinance would expand the definition of nuisance to include properties that the City finds to be “Neglected” to allow the City to respond to complaints of property conditions that create
aesthetic impacts to the neighborhood. FISCAL IMPACTS: The ordinance could lead to an increase in complaints to the City’s Code Compliance staff. This would not have a direct fiscal
impact but could result in longer response times. If the number of complaints increases considerably the City could elect to increase the number of Code Compliance staff in order to
maintain current response times. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: 1 55
2 The Code Compliance Officer would not have additional tools to remedy conditions on neglected properties. ALTERNATIVE ACTION: 1. Deny the proposed ordinance. 2. Modify the proposed
ordinance FOLLOW UP ACTION: 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. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on February 12, 2008. ATTACHMENTS: A. Proposed Ordinance
56
ORDINANCE __________ AN ORDINANCE ADDING ARTICLE 7-50 A TO THE SARATOGA CITY CODE TO ENHANCE ENFORCEMENT AGAINST NEGLECTED PROPERTY THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN
AS FOLLOWS: WHEREAS, the City has been approached by a number of its residents expressing concern about situations in which various properties throughout the City have been neglected
and allowed to deteriorate; WHEREAS, it is in the public interest to promote the public health, safety and welfare within the City by requiring a minimum level of property maintenance
to protect the public from the health, safety, and welfare hazards that result from the neglect and deterioration of property; and WHEREAS, amendments to the City Code to enhance the
ability of the City to remedy adverse conditions of neglected properties have been proposed and duly considered and recommended by the Planning Commission and considered by the City
Council; WHEREAS, these amendments are intended to supplement and not to supplant or conflict with any other provisions of the City Code or of federal or State laws. Section 1. Adoption.
The Saratoga City Code is hereby amended as follows: (1) Article 7-50 is added to the Saratoga City Code to read: 7-50 RESIDENTIAL PROPERTY MAINTENANCE 7-50.005 Purposes of Article This
Article is adopted for the following purposes: (a) To establish community standards for the definition of neglected properties. (b) To prevent property from being maintained in such
condition as to cause any health, safety, or welfare hazard that results from the neglect and deterioration of property. (c) To enhance the quality of storm water runoff generated from
residential properties and to prevent storm water related pollution. 7-50.010 Neglected Property Prohibited It shall be unlawful for any person owning, leasing, renting, occupying or
having charge or possession of private or public property in the City to allow such property to be neglected property with the result that any of the conditions listed in Section 7-50.030
(i) is visible from a public street, right-of-way or other public property open to public use and (ii) exists thereon for a 1 57
period of more than sixty days after written notice of same has been given by the City Manager, via certified or registered mail, to the property owner(s) shown on the latest equalized
County of Santa Clara assessment roll. “Neglected property” means any privately or publicly owned property which, as a result of insufficient maintenance, has deteriorated so as to harbor
a health or safety hazard or has resulted in a nuisance or substantial adverse impact on the welfare of a considerable number of other residents of Saratoga. 7-50.020 Exemptions (a)
Calamity or Disaster Exemption. Violation of this Article shall not be based on the condition of property which is the result of damage or destruction from fire, flood, drought, earthquake,
other soil movement, or other similar calamity or disaster for a period of two years following the calamity or disaster. The City Manager is authorized to grant an extension of time
under this exemption for good cause as determined by the City Manager. (b) Other Legal Authorization Exemption. Violation of this Article shall not be based on a condition of property
expressly allowed by any other provision of law, including other provisions of this Code 7-50.030 Standards Consistent with the purposes of this Article, the following conditions qualify
as neglected property in a residential zoning district: (a) Any condition that is a hazard to the public health or safety, that constitutes a public nuisance as defined in California
Civil Code Sections 3479 or 3480 or under the City Code, or is substantially adverse to the welfare of a considerable number of other Saratoga residents; (b) Any building or structure
that is unsecured. A building or structure is unsecured when any one of the following conditions exists: (1) Unauthorized persons (including, but not limited to, children) can readily
gain entry to the building or structure without the consent of the owner or an agent of the owner; or (2) The property contains an attraction to children or a harbor for vagrants, criminals
or other unauthorized persons due to features dangerous to those members of the public unable to discover the nuisance condition, or recognize its potential danger, including, but not
limited to abandoned, broken, neglected or unsupervised vehicles, machinery, equipment, refrigerators and freezers, pools, ponds, and excavations. (c) Any building or structure that
is in a state of significant disrepair. A building or structure is in a state of significant disrepair when any of the following conditions exist: (1) Exterior walls or roof coverings
have become substantially deteriorated, do not provide adequate weather protection, or show evidence of the presence of major termite infestation or dry rot, including but not limited
to a situation where an exterior wall shows 10% or more of its area missing siding boards, bricks or blocks or where an exterior wall shows 50% 2 58
or more of its area devoid of its finish paint color thereby exposing wood, stucco, brick, cement or a prior paint color; or (2) Buildings which are dilapidated, abandoned, boarded up,
partially destroyed, have broken windows or broken windows secured with wood or other materials or which are left in a state of partial construction, or buildings subject to demolition
pursuant to applicable provisions of this Code or other authority, for which demolition has not been diligently pursued. (d) The property (regardless of its size) contains overgrown
weeds (as defined in 7-15.030) or other vegetation or garbage or debris that: (1) Harbors rats, structure destroying insects, vermin, vector, or other similar nuisances; or (2) Is overgrown
onto a public right-of-way more than 12 inches; or (3) Is completely dead, over twelve (12) inches in height, and covers more than fifty percent (50%) of the front or exterior side setback
areas visible from any street. (e) The property contains a hazardous condition consisting of items being present that are inadequately secured or protected, including but not limited
to the following: (1) Abandoned wells, shafts, or basements; (2) Fences, gates or structures which have collapsed or extend into the public street, right of way or other public property
open to public use or are in any other type of unsafe condition; (3) Lumber, or accumulations of lumber or other construction materials; or (4) Chemicals, motor oil, or other hazardous
materials. (f) The accumulation of abandoned, discarded, or dilapidated objects, or any combination thereof including but not limited to: junk; abandoned, wrecked, dismantled or inoperative
vehicles; vehicle parts and equipment; machine parts, scrap material, appliances, furniture, household equipment and furnishings, shopping carts, containers, packing materials, scrap
metal, wood, plant cuttings, fallen trees, tree limbs, rubbish and debris or similar matter which constitutes a threat to public health or safety or renders any premises a nuisance or
substantially adverse to the welfare of a considerable number of other residents of the City of Saratoga. (g) The accumulation of dirt, sand, gravel, concrete, litter, debris, petroleum
products, grease or other similar material, or any combination thereof, on the property. (h) Materials or other items stacked in a manner which could potentially result in discharge
into a storm drain system. (i) Boats, trailers, recreation vehicles, vehicle parts or other sections of personal property which are left in a state of partial construction, dilapidation
or disrepair or which are left parked or stored in violation of applicable zoning designation, rules or regulations. 3 59
(j) The accumulation of packing boxes, pallets, lumber, junk, trash, salvage materials, or other debris kept on the property. If the foregoing materials are accumulated pursuant to a
valid and active building permit issued by the City, such accumulation shall not qualify as a condition qualifying the property as a neglected property. (k) Graffiti or other words,
lettering or drawings not otherwise permitted by the provisions of this Code, which remain on the exterior of any building, fence or wall. (l) Any condition determined by the City Manager
to be substantially similar to any of the conditions listed in this Section 7-50.030. 7-50.040 Definitions Vectors means any animal or insect capable of transmitting the causative agent
of human disease or capable of producing human discomfort or injury, including but not limited to, mosquitoes, flies, other insects, ticks, mites, and rats. Vermin means cockroaches,
mice, rats, and similar pests. Weeds has the same meaning as provided in Article 7-15.030 of this City Code. 7-50.050 Public Nuisance Any neglected property as set forth in the provisions
of this Article is hereby declared and determined to be a public nuisance. 7-50.060 Abatement Actions Whenever the City Manager determines that a property qualifies as a neglected property,
the City Manager may require or take any necessary abatement or other enforcement actions to cause the neglected property to be abated in accordance with the provisions of this Code,
or by any other lawful means. The City Manager may determine that temporary corrective measures are required prior to the time that permanent abatement or other enforcement actions are
instituted and may implement those actions in accordance with the provisions of this Code or by any other lawful means. Costs and/or attorneys fees and the collection thereof for any
abatement performed by or on behalf of the City are authorized to be recovered by the City in accordance with the Nuisance Abatement provisions of Article 3-15 or 3-20 of Chapter 3 of
this Code. Code. Upon the request of the property owner, situations of personal or financial hardship will be reviewed by the City Manager in determining the appropriate remedy for the
conditions found on the neglected property. 7-50.070 Imminent Danger (a) Any condition on a neglected property which is reasonably believed by the City Manager to be imminently dangerous
to the public health or safety may be summarily abated by the City Manager, in accordance with Article 3-20 of Chapter 3 of this Code. 4 60
(b) Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use
or occupancy of the property on which the dangerous condition exists and/or any other abatement action determined by the City Manager. (c) If there exists on a neglected property any
condition reasonably believed by the City Manager to be imminently dangerous to life, limb, health, or safety should such property be occupied or used by human beings, the City Manager
may order the immediate restriction from use or occupancy of the neglected property. In addition to restricting use or occupancy, the order may require that other abatement actions be
taken. 7-50.080 Procedures under this Article – Cumulative Procedures used and actions taken for the abatement of neglected property are not limited by this Article. Procedures and actions
under this Article may be utilized in conjunction with or in addition to any other procedure applicable to the regulation of buildings, structures or property. All neglected property
conditions which the City requires to be abated pursuant to the provisions and permit requirements of this Article shall be subject to all provisions of this Code including, but not
limited to building construction, repair or demolition and to all property improvement, and zoning, and all other applicable local, state, and federal laws. Nothing in this Article shall
be construed to limit any right or remedy otherwise available in law or equity to any party harmed by a neglected property, nor shall this Article in any way limit the City’s right to
enforcement under any other provision of this Code or other law or create a duty or obligation on the part of the City to enforce this Article. Specifically, and notwithstanding the
generality of the foregoing, pursuant to Articles 3-15 and 3-20 of Chapter 3 of this Code, the City Manager may require abatement of conditions that present a danger or emergency that
warrants an expedited abatement pursuant to those provisions of the Code even if the conditions qualify as a neglected property under this paragraph. * * * * * Section 2. California
Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures
the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b) (3) (where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 3. Publication. This ordinance or a comprehensive summary
thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the
regular meeting of the City Council of the City of Saratoga held on the 6th day of February, 2008, and was adopted by the following vote following a second reading on the 20th day of
February, 2008: 5 61
6 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Ann Waltonsmith, Cathleen Boyer, MAYOR CITY CLERK Saratoga,
California Saratoga, California APPROVED AS TO FORM: __________________________________ Richard Taylor, CITY ATTORNEY Saratoga, California 62
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: _____________ ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DEPT
HEAD: Dave Anderson Assistant City Manager Michael Taylor Recreation Director _________________________________________________________________________________ SUBJECT: Adoption of Policy
Concerning Naming City-owned Land and Facilities RECOMMENDED ACTION: Review report and approve adoption of the Policy Concerning Naming City-owned Land and Facilities. REPORT SUMMARY:
At its February 6, 2008 meeting, the City Council reviewed a proposed Policy Concerning Naming City-owned Land and Facilities. The Council directed staff to make some revisions, which
are highlighted on the attached red-line version of the policy (Attachment “A”). A red-lines removed copy of the document is also attached for Council’s reference (Attachment “B”). Staff
recommends the City Council approve adoption of the Policy Concerning Naming City-owned Land and Facilities. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S):
The City will not have a Policy in place to guide the naming of City-owned land and facilities. ALTERNATIVE ACTION (S): Council may approve the attached policy, or may recommend additional
edits to the policy. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda according to the Brown Act. ATTACHMENTS: Attachment
“A” – Policy version with revisions shown in red-line Attachment “B” –Policy version with red-lines removed 63
RESOLUTION NO. _________ POLICY PERTAINING TO NAMING CITY-OWNED LAND AND FACILITIES WHEREAS, the City Council of the City of Saratoga desires to establish a policy to establish criteria
and procedures for the naming and renaming of City-owned land, facilities and portion of facilities (e.g. rooms, fields, etc.); and WHEREAS, the policy would pertain to all City-owned
lands, facilities and portions of facilities with the exception of City streets, which is managed by the City’s Community Development Department under a separate set of policies and
procedures; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, State of California, that a policy pertaining to Naming City-owned Land and Facilities is hereby
established as follows: NAMING CITY-OWNED LAND AND FACILITIES I. PURPOSE The intent of this policy is to establish criteria and procedures for the naming and renaming of City-owned land
and facilities. II. OVERVIEW 1. This policy provides a mechanism for citizens to suggest names they they believe should be considered for new City facilities, lands and/or portions of
facilities (e.g. rooms, fields, etc.) and for the renaming of existing facilities, lands and/or portions of facilities (e.g. rooms, fields, etc.). 2. This policy pertains to all City-owned
lands and facilities with the exception of City streets. The naming of streets is managed by the City’s Community Development Department under a separate set of policies and procedures.
III. GENERAL POLICIES 1. The City Council shall have the authority to name and rename City-owned lands and facilities. NOTE: The City has a separate “Tree and Bench Dedication” Program.
Information about this program can be found on the City’s website at http://www.saratoga.ca.us/pdf/treebenchapplication1.pdf, or by contacting the City Clerk. 2. The donation of land(s),
facility(ies), or funds for the acquisition, renovation or maintenance of land(s) or facilities, shall not constitute an obligation by the City to name the land(s) and/or facility(ies)
or any portion thereof after an individual, family or organization. 64
3. The cost of plaques, monuments and/or replacement of signs resulting from naming or renaming of City-owned facilities, lands and/or portions of facilities will be borne by the individual,
group or organization sponsoring the request. An exception to this policy may be made by the City Council in the case of economic hardship and if there are City funds available to cover
the costs. IV. NAMING CRITERIA 1. The following criteria shall be used in selecting an appropriate
name for City-owned lands and facilities: a. The name should, if possible, include or preserve the geographic, environmental (relating to natural or physical features), historic or
landmark connotation of particular significance to the area in which the land or facility is located, or for the City as a whole. Either connotation is equally valid. b. Consideration
may be given to naming a City-owned land or facility after an individual, family or organization when the land, facility, or the money for its purchase, construction, renovation or maintenance
was donated by the individual, family or organization. c. Consideration may also be given to naming a City-owned land or facility after an individual, family or organization when warranted
by some in-kind contribution or service which is deemed to be of major and lasting significance to the purchase of the piece of land, facility, or the planning, development, construction,
renovation or maintenance of a facility. d. City-owned land(s) and/or park(s) may be named for benefactor organizations, groups or businesses. e. City-owned land(s) or facility(ies)
may not be named after a seated elected or appointed official. f. City-owned land(s) or facility(ies) may be named after an employee, or former employee of the City of Saratoga if three
(3) or more of the following criteria are met: ?? The employee’s contributions were over and above the normal duties required by his/her job; ?? The employee had a positive impact on
the past and future development of programs or facilities in the City of Saratoga; ?? The employee made significant volunteer contributions to the community outside the scope of his/her
job; ?? The employee had exceptionally long tenure with the City of Saratoga (i.e. over 25 years); ?? There is significant public support for a memorial to the employee on the occasion
of his/her death or retirement. V. POLICY & CRITERIA REGARDING RENAMING 1. Existing place names are deemed to have historic recognition. City policy is to retain the name of any existing
land(s) and/or facility(ies) particularly when the name has City or regional significance. The City Council may consider renaming the facility if there are compelling reasons to do so,
including, but not limited to when a facility has reached the end of its normal lifespan. 65
2. The following criteria shall be used in renaming City-owned lands and facilities: a. The individual, family or organization has made lasting and significant contributions to the protection
of natural or cultural resources of the City; or b. The individual, family or organization has made substantial contributions to the betterment of a specific facility or park consistent
with the established standards for the facility; or c. The individual, family or organization has made substantial contributions to the advancement of commensurate types of recreational
opportunities within the City. VI. PROCEDURE FOR NAMING & RENAMING OF CITY-OWNED LAND(S) OR FACILITY(IES) 1. A request to name or rename a City-owned land or facility shall be made in
writing on the standard application form attached to this policy. 2. The application will be reviewed for completeness by staff in the City’s Recreation (and Facilities) Department and
forwarded to the Mayor. 3. The Mayor will designate an appropriate City Commission to review the application and make a recommendation to the City Council. 4. The City Council shall
have final approval of naming and renaming recommendations. 66
CITY OF SARATOGA APPLICATION FOR NAMING OR RENAMING CITY-OWNED LAND(S) OR FACILITY(IES) Applicant’s Contact Information: Name: Address: E-mail: Phone: Naming/Renaming Information for
City-owned Land or Facility: Suggested Name: Location of Site or Facility: Is the proposed name for only a portion of the site or facility? ?? Yes ?? No If yes, please indicate portion
suggested for naming/renaming: To name or rename a City-owned site or facility, certain criteria must be met. Please indicate below which criteria will be met for the proposed name:
Sites or Facilities that DO NOT Currently Have a Name Criteria for naming (please check all that apply): ?? The name preserves the geographic, environmental (relating to natural or physical
features), historic or landmark connotation of particular significance to the area in which the land or facility is located, or for the City as a whole. ?? The land, facility, or the
money for its purchase, construction, renovation or maintenance was donated by the individual, family or organization. ?? An in-kind contribution or service of major and lasting significance
was made to the acquisition of the land, facility, or the planning, development, construction, renovation or maintenance of a facility. ?? The name recognizes a benefactor organization,
group or business that contributed to the site or facility. ?? The name recognizes a current or former employee who has: (check at least 3 criteria below) ?? Made contributions over
and above the normal duties required by his/her job; ?? Had a positive impact on the past and future development of programs or facilities in the City of Saratoga; ?? Made significant
volunteer contributions to the community outside the scope of his/her job; ?? Had exceptionally long tenure with the City of Saratoga (i.e. over 25 years); ?? Significant public support
for a memorial to the employee on the occasion of his/her death or retirement. 68
Sites or Facilities that Currently Have a Name Criteria for naming (please check all that apply): ?? The individual, family or organization has made lasting and significant contributions
to the protection of natural or cultural resources of the City. ?? The individual, family or organization has made substantial contributions to the betterment of a specific facility
or park consistent with the established standards for the facility. ?? The individual, family or organization has made substantial contributions to the advancement of commensurate types
of recreational opportunities within the City. For all facilities, please provide a detailed explanation that supports the criteria for which you are requesting naming or renaming of
the site or facility for this individual, family or organization: (If needed, please attach additional pages in order to provide a thorough discussion of the merits of your request.)
PLEASE NOTE: 1. The City Council may consider renaming a facility if there are compelling reasons to do so, including, but not limited to when a facility has reached the end of its normal
lifespan. 2. The cost of plaques, monuments and/or replacement of signs resulting from naming or renaming of City-owned facilities, lands and/or portions of facilities will be borne
by the individual, group or organization sponsoring the request. An exception to this policy may be made by the City Council in the case of economic hardship and if there are City funds
available to cover the costs. City of Saratoga Use Only: Date Received: _____________________________ Date Scheduled for Review by Commission: _____________________________ 69
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager SUBJECT: Resolution Amending Resolution 06-020 Extending the Suspension of the Arts Commission RECOMMENDED ACTION: Accept staff report
and renew suspension of the Arts Commission for 20 months by amending Resolution 06-020. BACKGROUND: In May 2005, the Saratoga City Council adopted Resolution 05-032 to reorganize City
Commissions due to budget cuts. The reorganization included the suspension of the Arts Commission and the Parks and Recreation Commission. The terms of the Commissioners in these two
groups were extended by 1 year. Currently, there are two Arts Commissioners with outstanding terms. The terms of Arts Commissioners Judith Klock and Bob Ray will expire April 1, 2008.
The suspension of the Arts Commission laid out in Resolution 05-032 was renewed on March 15, 2006 when the Saratoga City Council approved Resolution 06-020. This resolution continued
suspension of the Arts Commission to July 1, 2007. During the February 1, 2008 Council Retreat, the City Council discussed plans for the Arts Commission and agreed to continue suspension
of this Commission. Staff was directed to bring forth a resolution lengthening the suspension of the Arts Commission for an additional 20 months until March 2009. FISCAL IMPACTS: N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: If the City Council decides not to amend Resolution 05-032 and renew suspension, the Arts Commission will become an active City
Commission. Page 1 of 2 70
Page 2 of 2 ALTERNATIVE ACTION(S): The City Council may direct staff to revise the length of suspension in the attached draft resolution, to bring forth an alternative resolution terminating
the Arts Commission, or to reactivate the Arts Commission. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS:
Attachment A: Resolution 05-032 Attachment B: Resolution 06-020 Attachment C: Draft resolution extending suspension of the Arts Commission until March 2009. 71
72
73
74
75
RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA EXTENDING SUSPENSION OF THE ARTS COMMISSION FOR 20 MONTHS FROM THE EXPIRATION OF RESOLUTION 06-020 WHEREAS,
on March 15, 2006 the City Council adopted resolution 06-020 to amend resolution 05-032 and extended suspension of the Arts Commission through July 1, 2006; and WHEREAS, Resolution 06-020
was adopted unanimously by the City Council; and WHEREAS, during the February 1, 2008 Council Retreat, the City Council directed staff to bring forth a resolution continuing the suspension
of the Arts Commission to March 1, 2009; and WHEREAS, all other aspects of Resolution 06-020 and Resolution 05-032 shall continue until otherwise directed by the City Council; NOW THEREFORE,
BE IT RESOLVED, that the City Council of the City of Saratoga herby extends the suspension of the Arts Commission until March 1, 2009. The above and foregoing resolution was passed and
adopted by the City Council of the City of Saratoga, State of California, on this this 20th day of February 2008 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Ann Waltonsmith,
Mayor ATTEST: Cathleen Boyer, City Clerk 76
Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director Public Works Director SUBJECT: Acceptance of Grant for the remodel of the North Campus Fellowship Building RECOMMENDED ACTION: 1. Accept donation from The House
Family Foundation through the Saratoga Monte Sereno Community Foundation in the amount of $149,000 for the remodel of the North Campus Fellowship Building per letter dated February 1,
2008. REPORT SUMMARY: Last year the City Council approved $40,000 in matching funds for donations received for the remodel of the North Campus Fellowship Building. The House Family Foundation
would like to donate $149,000 towards the project (Attachment 1 – Donation Letter). The funds will be paid to the Saratoga Monte Sereno Community Foundation for disbursement to the City
for the project (Attachment 2 – Community Foundation Letter). The scope of work in which the donation funds are to be expended consists of the following: 1. Flooring System: $30,000
2. Ductwork/Soffit Improvements $60,000 3. New Kitchen Cabinets: $35,000 4. Double Pane Windows: $40,000 5. French Doors: $4,000 6. Assistive Listening System: $10,000 7. Fire Alarm
System: $10,000 FISCAL IMPACTS: $149,000 will be available for the remodel of the North Campus Fellowship Building. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The donation will
be rejected and the funds will not be available for the project. 77
Page 2 of 2 ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Prepare a funds administration agreement between the Saratoga Monte Sereno Community Foundation and the
City for subsequent City Council approval, if required by the Foundation. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Donation Letter 2. Saratoga Monte
Sereno Community Foundation Letter 78
February 1, 2008 City of Saratoga Saratoga, CA 95070 To Whom It May Concern: The House Family Foundation has approved a grant in the amount of $149,000.00 for the remodel of the “Fellowship
Hall” building at the City of Saratoga’s North Campus. The funds will be paid to the Saratoga Monte Sereno Community Foundation and they will accept and discharge full control of the
grant and its disposition according to the grant agreement and this letter. The total cost of the remodel is $189,000.00, the City of Saratoga has budgeted $40,000.00 toward the remodel
and the grant from the House Family Foundation will fund the balance of $149,000.00. The following items are to be upgraded (1.) Flooring System $30,000.00, (2.) Ductwork/Soffit Improvement
$60,000.00, (3.) New Kitchen Cabinets $35,000.00, (4.) Double Pane Windows $40,000.00, (5.) French Doors $4,000.00, (6.) Assistive Listening System $10,000.00, (7.) Fire Alarm System
$10,000.00 Upon completion of the project the House Family Foundation will require a report which indicates the progress and the budget breakdown for the project showing how the funds
were spent. Sincerely, House Family Foundation City of Saratoga ________________________ _______________________ By: Dave House By: ____________________ Its: President & CEO Its: ____________________
79
February 1, 2008 House Family Foundation 5205 Prospect Road, Ste. 135-158 San Jose, CA 95129 Lori Fox Saratoga Monte Sereno Community Foundation 14510 Big Basin Way #132 Saratoga, CA
95070 Re: Grant 2007-08 #18 Dear Lori; The House Family Foundation (the “House Foundation”) has approved a grant in the amount of $149,000.00 to the Saratoga Monte Sereno Community Foundation
(“SMSCF”) to support its charitable and educational activities. The House Foundation makes this grant subject to the following conditions: (1) SMSCF is exempt from tax under section
501(c)(3) of the Internal Revenue Code (the “Code”) and is described in section 509(a)(1), (2) or (3) of the Code, and you do not expect this grant to jeopardize SMSCF’stax status; (2)
SMSCF will use the funds only for charitable and educational activities consistent with its tax-exempt status, and it will not use the funds to conduct any political activities or to
intervene in any elections; (3) SMSCF will provide the House Foundation with a written report when the construction is completed on the building at the City of Saratoga’s North Campus,
which indicates the progress of the program and the budget report for 2008-2009, indicating how the funds were spent; (4) As a specific support grant, the funds are to be used for the
remodel of the “Fellowship Hall” building on the City of Saratoga’s North Campus. The total cost of the remodel is $189,000.00, the City of Saratoga has budgeted $40,000.00 toward the
remodel and this grant will fund the balance of $149,000.00. The following items are to be upgraded (1.) Flooring System $30,000.00, (2.) Ductwork/Soffit Improvement $60,000.00, (3.)
New Kitchen Cabinets $35,000.00, (4.) Double Pane Windows $40,000.00, (5.) French Doors $4,000.00, (6.) Assistive Listening System $10,000.00, (7.) Fire Alarm System $10,000.00, and
SMSCF accepts and will discharge full control of the grant and its disposition according to this agreement; and (5) The person signing this letter on behalf of SMSCF hereby certifies
his or her authority to execute this document on behalf of SMSCF. SMSCF’s deposit, negotiation or endorsement of the check will constitute its agreement to the above terms and conditions.
For our files, please have the enclosed copy of this letter signed and returned to us at your earliest convenience. 80
Sincerely, AGREED: House Family Foundation, Saratoga Monte Sereno Community Foundation ___________________________ ____________________________ By: Dave House By: __________________________
Its: President & CEO Its: __________________________ 81
SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City
Manager SUBJECT: Approval of Agreement with Joint Venture Silicon Valley (JVSN) for Greenhouse Gas Emissions Inventory RECOMMENDED ACTION: Accept report, approve the agreement with JVSN
to prepare a Greenhouse Gas (GHG) Emissions Inventory for municipal (government-related) operations, and approve City membership in Sustainable Silicon Valley (SSV) and ICLEI – Local
Governments for Sustainability (ICLEI). BACKGROUND: SSV and ICLEI have offered to provide technical assistance in preparing GHG Emissions Inventories as a means to address the desire
on the part of local governments for consistency in data collection, analysis and presentation. For this purpose, SSV and ICLEI have entered into an umbrella contract with JVSN that
provides a mechanism for local governments to obtain assistance in the preparation of individual GHG Emissions Inventories related solely to governmental operations. (Community-related
GHG Emissions Inventories would need to be prepared by some other means, presumably using the model established for government operations-related inventories.) SSV and ICLEI negotiated
a price of $13,000 per jurisdiction to conduct the GHG inventories. In addition, each jurisdiction is required to become a member of both SSV and ICLEI. Membership in SSV is $1,000 per
year and an annual ICLEI membership for a city the size of Saratoga is $600. At its February 6, 2008 retreat, the Council directed staff to place approval of the agreement with JVSN
on a regularly scheduled Council meeting agenda. FISCAL IMPACTS: The total cost of entering into the agreement with JVSN, together with memberships in SSV and ICLEI is $14,600. Since
this is an unanticipated cost, no funds have been set aside in the 2007/08 fiscal year budget. Funds could be appropriated from Council contingency, or staff could include this expenditure
in the budget proposal for fiscal year 2008/09. Page 1 of 2 82
Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The agreement with JVSN would not be approved. Council may direct staff to determine other options for conducting the
government operations-related GHG Emissions Inventory. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing
additional. ATTACHMENTS: Attachment A: Proposed Agreement with JVSN Attachment B: Scope of Work for JVSN Agreement 83
AGREEMENT BETWEEN THE CITY OF SARATOGA AND JOINT VENTURE: SILICON VALLEY NETWORK FOR GOVERNMENT OPERATIONS GREENHOUSE GAS EMISSIONS INVENTORY ASSISTANCE This contract is dated for identification
this 20th day of February, 2008, and is made by and between the CITY OF SARATOGA, a California general law city and municipal corporation, whose address is 13777 Saratoga Avenue, Saratoga,
CA 95070 (hereinafter “CITY"), and JOINT VENTURE: SILICON VALLEY NETWORK, whose address is 84 West Santa Clara Street, Suite 440, San Jose, California 94113 (hereinafter "JOINT VENTURE").
RECITALS A. CITY desires to retain the services of JOINT VENTURE to provide government operations emissions greenhouse gas inventory assistance. B. JOINT VENTURE is a qualified professional
organization capable of providing the certain professional services which CITY seeks. NOW, THEREFORE, in consideration of the recitals and mutual promises contained herein, CITY does
hereby engage JOINT VENTURE, and JOINT VENTURE agrees, to perform the services set forth herein in accordance with the following terms and conditions: 1. Description of Services. JOINT
VENTURE shall provide the following services: JOINT VENTURE shall provide the services set forth within Exhibit A, attached hereto and incorporated herein. 2. Schedule and Term. The
schedule for performing said services as described in the attached proposal from JOINT VENTURE and incorporated herein as Exhibit A: JOINT VENTURE shall commence work under this contract
upon execution of the contract and shall complete all work under this contract no later than December 31, 2009. 3. Compensation. Total compensation to JOINT VENTURE for providing the
services set forth herein shall not exceed (including reimbursed expenses) Thirteen Thousand Dollars ($13,000.00). 4. Payment Schedule. CITY shall pay the full amount within thirty (30)
days of receiving and approving a billing statement. -1-84
5. Reliance Upon Professional Skill. It is mutually agreed by the parties that CITY is relying upon the professional skill of JOINT VENTURE, and JOINT VENTURE represents to CITY that
its work shall conform to generally recognized professional standards in the industry. Acceptance of JOINT VENTURE's work by CITY does not operate as a release of JOINT VENTURE's said
representation. 6. Use of Subcontractors: a. It is mutually agreed by the parties that JOINT VENTURE may engage one or more subcontractors (including consultants) to perform all or part
of the services described herein. CITY expressly acknowledges and approves of JOINT VENTURE’s use of the consulting services of ICLEI – Local Governments for Sustainability USA, Inc.
b. CITY is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and CITY. 7. Independent Contractor.
It is agreed that JOINT VENTURE is an independent contractor, and all persons working for or under the direction of JOINT VENTURE are JOINT VENTURE’s agents, servants and employees,
and said persons shall not be deemed agents, servants or employees of CITY. 8. Ownership of Data and Documents. JOINT VENTURE agrees that all records, specifications, data, maps, designs,
graphics, writings, recordings and other tangible materials regardless of form or format, including, without limitation, electronically transmitted documents and ACAD files, and other
collateral materials collected, compiled, drafted, prepared, produced and/or generated in the performance of this Agreement shall be the property of CITY. JOINT VENTURE shall regularly
provide such documents to CITY upon CITY's request. In the event that this Agreement is terminated prior to completion of the scope of work, JOINT VENTURE shall provide all such data
and documents to CITY forthwith. 9. Hold Harmless. JOINT VENTURE shall defend, indemnify and hold CITY, its officers, employees and agents harmless from any liability for damage or claims
of same, including but not limited to personal injury, property damage and death, which may arise from JOINT VENTURE or JOINT VENTURE's contractors, subcontractors, agents or employees'
operations under this Agreement. CITY shall cooperate reasonably in the defense of any action, and JOINT VENTURE shall employ competent counsel, reasonably acceptable to the City Attorney.
10. Applicable Laws and Attorneys' Fees. This Agreement shall be construed and enforced pursuant to the laws of the State of California. Should any legal action be -2-85
brought by a party for breach of this Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys' fees, court costs,
and such other costs as may be fixed by the court. Reasonable attorneys' fees of the City Attorney's Office, if private counsel is not used, shall be based on comparable fees of private
attorneys practicing in Santa Clara County. 11. Nondiscrimination. JOINT VENTURE shall afford equal employment opportunities for all persons without discrimination because of race, color,
religion, sex, sexual orientation, political affiliation, national origin, ancestry, age, marital status, or physical or mental disability. 12. Amendment. This Agreement may be amended
in writing and signed by both parties. 13. Termination. CITY may terminate this Agreement at any time by providing fifteen (15) days advance written notice to JOINT VENTURE. Should CITY
terminate pursuant to said notice, CITY shall pay JOINT VENTURE for JOINT VENTURE's services rendered to the date of cancellation based on percentage of completion of scope of basic
services, including actual reimbursable expenses. In no event shall said fees exceed the maximum compensation established in this Agreement. 14. Attachments or Exhibits. Except as expressly
referenced herein, no portion of any terms or conditions included in any attachments or exhibits shall be a part of this Agreement, and they shall have no force or effect. If the attachments
or exhibits to this Agreement, if any, are inconsistent with this Agreement, this Agreement shall control. 15. Entire Agreement. This Agreement contains the entire understanding between
the parties with respect to the subject matter herein. There are no representations, agreements or understandings (whether oral or written) between or among the parties relating to the
subject matter of this Agreement which are not fully expressed herein. 16. Public Records. The parties recognize and acknowledge that CITY is subject to the California Public Records
Act, California Government Code Section 6250 and following. Public records are subject to disclosure. 17. Notices. Any notice required to be given to JOINT VENTURE shall be deemed to
be duly and properly given if mailed to JOINT VENTURE, postage prepaid, addressed to: Russell Hancock, President & CEO 84 West Santa Clara Street, Suite 440 San Jose, California 95113
-3-86
or personally delivered to JOINT VENTURE at such address or at such other addresses as JOINT VENTURE may designate in writing to CITY. Any notice required to be given to CITY shall be
deemed to be duly and properly given if mailed to CITY, postage prepaid, addressed to: Dave Anderson, City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 950770 or personally
delivered to CITY at such address or at such other addresses as CITY may designate in writing to JOINT VENTURE. -4-87
-5-IN WITNESS WHEREOF, this Agreement is executed by CITY and by JOINT VENTURE. APPROVED AS TO CONTENT: CITY OF SARATOGA A California general law city and municipal corporation By: __________________
_____________ Dave Anderson, City Manager ATTEST: By: _________________________________ Cathleen Boyer, City Clerk APPROVED AS TO BUDGET AUTHORITY AND INSURANCE: Mary Furey, Administrative
Services Director APPROVED AS TO FORM: Richard Taylor, City Attorney "JOINT VENTURE: Silicon Valley Network": By: Russell Hancock, President & CEO 77-0389802 Taxpayer I.D. Number 88
Silicon Valley Climate Protection Partnership Proposal Government Operations Emissions Inventory Assistance In response to interest expressed by Silicon Valley area local governments
over the past several months, ICLEI – Local Governments for Sustainability (ICLEI) and Sustainable Silicon Valley (SSV) hereby propose to provide assistance toward the development of
greenhouse gas emissions inventories of government operations for Silicon Valley local governments. Developing a government operations emissions inventory requires data gathering, analysis
and report development. Some government operations data needs may be filled by data currently being pre-gathered by ICLEI and the Bay Area Air Quality Management District. Other data
will require internal coordination with various departments (e.g., fleet fuel consumption). By developing government operations emissions inventories for a large number of local governments
simultaneously using a shared data analysis year and emissions factor set, it is possible for ICLEI and SSV to achieve an economy of scale and reduce associated costs significantly.
ICLEI and SSV estimate a total project cost of approximately $260,000 to develop 20 local government operations emissions inventories, plus individual membership/partnership fees associated
with ICLEI and SSV from each participating local government. ICLEI and SSV are open to executing one contract with the group of participating local governments organized by the Joint
Venture Silicon Valley Network (JVSVN), or a series of contracts with individual participants executed in coordinated fashion. The partners look to JVSVN to coordinate initial participation
of the local governments in order to maximize service delivery efficiency and reduce costs. ICLEI and SSV encourage local
governments with the capacity to perform some or all of this work inhouse to do so. Local governments who desire more individual services, such as analyzing additional years of data,
quantifying the emissions benefits of implemented actions, or developing emissions reduction plans, for example, would each have the option of doing so under separate cover. Many Silicon
Valley area local governments have recently made progress on community-scale emissions inventories via training provided by the Bay Area Air Quality Management District and ICLEI; through
the partnerships of some reporting emissions results to Sustainable Silicon Valley; and/or through separate activities. For each participating local government, completing a government
operations emissions inventory, as well, would represent achieving the first Milestone of ICLEI’s 5 Milestone methodology – a simple, standardized way to effectively reduce, measure,
and verify greenhouse gas emissions. ICLEI has developed software tools that help cities comply with the Cities for Climate Protection (CCP) methodology. The Five Milestones are: Milestone
1 – Conduct a baseline emissions inventory and forecast Milestone 2 – Adopt an emissions reduction target Milestone 3 – Develop a local Climate Action Plan Milestone 4 – Implement policies
and measures Milestone 5 – Monitor and verify results 1 89
This proposal by ICLEI and SSV offers to help participating local governments begin the Milestone process, working towards the regional SSV CO2 emissions reduction target while building
capacity and momentum toward additional climate protection activities. This systematic process will enable local governments to achieve their greenhouse gas emission reduction targets
in the most cost-effective manner possible and achieve the greatest return on their investment. Project Objective Generate a government operations emissions analysis report for each
local government for a common analysis year (2005). Scope of Work Coordinated with all Participating Local Governments • Kickoff meeting to explain project concept, data requirements,
deliverables, responsibilities • Debrief meeting to present results, train all participants on methodology, software functionality Per Participating Local Government • Data specification
• Data collection (including employee commute/travel survey) • Data conditioning • Data input and analysis using Clean Air and Climate Protection (CACP) software • Analysis of data results
• Report development • Provision of backup source data and CACP software data • ICLEI and SSV membership services (see Appendix A) Not Included in This Proposal • Pre-certification or
full certification of local government emissions data with California Climate Action Registry (third party certification would be required) • Project recruitment, update, or results
presentations at city council meetings or similar • More than one data analysis year • Data analysis for a year other than 2005 • Community-scale emissions analysis • Analysis of minor
(de minimis) emissions sources where data gathering is prohibitive Local Government Operations Emissions Sources Data needs and expected sources for this project are presented in the
table below. In cases where primary data sources are incomplete, secondary sources may be used to augment or completely substitute for primary data sources. Potential estimation methods
are indicated indicated for cases where neither primary nor secondary sources are readily available. In addition to the essential data included in the table below, a variety of indicator
data will also be collected for benchmarking purposes where local government staff are able to provide it. This will include square footage of facilities, number of employees in each
building, hours of operation, amount of water or wastewater processed, etc., enabling additional levels of data analysis and future comparability. 2 90
Table 1. Local Government Operations Emissions Sources Emissions Sector Data Needed Sources of Data Primary Secondary Options for Filling Gaps Electricity use (kWh and cost) Utility
provider records Government maintained payment records Usage may be estimated based on known expenditures or from size of facility compared to other similar facilities. Facilities All
facilities owned or operated by the local government Natural gas and other fuel used (therms/gallons and cost) Utility provider records Government maintained payment records Usage may
be estimated based on known expenditures or from size of facility compared to other similar facilities. Traffic Signals and Streetlights Electricity use (kWh and cost) Utility provider
records Government maintained payment records Usage may be estimated based on known expenditures or from know wattage of bulbs and expected period of use. Electricity use (kWh and cost)
Utility provider records Government maintained payment records Usage may be estimated based on known expenditures or from size of facility compared to other similar facilities. Water
and Wastewater Operations Treatment, collection and distribution (where applicable) Natural gas and other fuel used (therms/gallons and cost) Utility provider records Government maintained
payment records Usage may be estimated based on known expenditures or from size of facility compared to other similar facilities. Vehicle Fleet Government owned and operated vehicles
Fuel used (gallons by type and cost) Vehicle fueling records Vehicle odometer records Usage estimated based on known expenditures and estimated fuel efficiency of vehicles. Solid waste
hauled (tons and cost) Collection records None Estimates of per-capita employee waste generation by employee type (From California Waste Management Board) Solid Waste Waste generated
as a result of government operations Makeup of waste stream (percentage of waste by type of waste) Existing analysis of local waste stream Existing analysis of waste streams in nearby
jurisdictions California averages (From California Waste Management Board) Amount of waste in place Operations records n/a Engineer’s estimates of capacity Amount of waste added each
year Operations forecasts n/a Historical trends Composition of waste Existing analysis of local waste stream Existing analysis of waste streams in nearby jurisdictions National averages
(From Tellus Institute) Existing Landfills Methane emissions from exiting landfills operated by the local government (if applicable) Amount of methane recovery Metered recovery Engineer’s
estimates National average recovery factors (from EPA) Number of miles traveled by employees in daily commute Existing employee survey or study Conduct employee survey U.S. Census Journey-to-work
study Employee commute (optional) Distribution of transportation modes Existing employee survey or study Conduct employee survey U.S. Census Journey-to-work study Methane emissions from
wastewater treatment and solids disposal (optional; where applicable) Amount of methane escaping from from sewage waste treatment and disposal process Metered recovery and flaring Modeled
output based on quantity of waste treated and disposal methods (from IPCC) Engineer’s estimates 3 91
Project Costs • Becoming a partner of SSV and member of ICLEI separately is required of each participating local government. Annual SSV partnership dues for any pledging government agency
are currently $1,000 per year per local government. ICLEI annual membership dues are based on population and start at $600 per year for communities of up to 50,000 people (see Appendix
B for further information). • Average additional project-related costs of $13,000 per local government, pending discussion of contracting method. This cost proposal is contingent on
the following criteria: • Minimum of 20 local governments participating to initiate the contract. • Shared data analysis year (2005 is recommended) for all participating local governments.
• Project anticipated to begin late 2007, with the bulk of project labor to occur in 2008. • Written agreement before project execution by all data providers (e.g., electric and gas
utilities, regional transportation planning agencies, waste management boards, local governments) to the project partners facilitated by ICLEI, SSV and JVSVN to make all needed consumption
data and coefficients available in a timely manner. • JVSVN responsible for all recruitment of local governments into this project. • JVSVN responsible for non-labor costs associated
with the two included in-person project meetings (e.g., space, refreshments). • Each participating local government must become a member of both ICLEI and SSV at standard membership
rates. • Each participating local government must assign two representatives to be liaisons to ICLEI and SSV, one staff and one elected leader. • Each participating local government
must provide adequate staff support related to the collection of data (estimated at average of 20-40 hours per local government). • The mayor or other high level official must distribute
a letter indicating to appropriate department staff that assistance in this project is an important priority. (ICLEI and SSV will provide a template for this letter.) Project Deliverables
Shared Deliverables for all Participating Local Governments • Project kickoff meeting • Project debrief meeting, including training on government operations emissions inventory development1
• Monthly Meetings and Quarterly Forums customized to meet local government needs • Access to relevant technical and cost information through SSV, useful for prioritizing specific CO2
reduction projects on a cost-effective basis Deliverables Per Local Government • Government operations emissions inventory report • CACP software data backup • Data analysis input files
• Description of emissions analysis methodology • Standard SSV member benefits and standard ICLEI membership benefits (see Appendix A) • Public recognition for participation by each
local government in this project via the SSV Annual Report, SSV Annual Report Release Event, and related media coverage 1 This training may be augmented by the Bay Area Air Quality Management
District 4 92
Optional Deliverable Not Included in This Cost Proposal • Second government operations data analysis year Project Schedule The project start date will be negotiated by the parties upon
confirmation of participation by each local government, most likely to occur in late 2007. ICLEI and SSV, in coordination with JVSVN, will solicit input from all project participants
to best prioritize the tasks associated with completing all emissions inventories. Emissions inventories for each participating local government will be completed on a rolling basis,
with the first inventories being completed within approximately three months of project execution and the process continuing from there. Project completion timeline will be significantly
influenced by the provision of data by the local governments and external data providers. Project Team The project team will consist of staff from ICLEI, under the management of Director
of Programs Garrett Fitzgerald, and SSV, under the management of Executive Director Rick Row. Details on how the work will be divided between the two organizations will be provided pending
further discussion of the content of this proposal. Below is additional information on these two organizations. ICLEI Since 1993, ICLEI U.S.A., a non-profit 501(c) 3 corporation, has
been working with local governments to improve global environmental conditions through cumulative local leadership and action. Through performance-based campaigns and initiatives, ICLEI’s
U.S. office provides local governments with technical expertise and policy assistance as well as access to a valuable national peer network. In the United States, ICLEI is a growing
association of local governments (over 40% growth in 2006) dedicated to climate protection and sustainable development with a strong national presence. ICLEI works with these local governments
to push the boundaries of traditional leadership in the US and achieve stronger, accelerated movement toward sustainability goals through measured performance and tangible results. In
addition to providing base levels of technical assistance to all of its local government members for over 14 years, ICLEI has also provided enhanced technical assistance toward the completion
of inventories and action plans for a significant number of local governments in the style of this proposed project. ICLEI has recently completed a project with Alameda County, California,
working with 11 municipal governments as well as the County government to develop greenhouse gas emissions inventories for each participant, as well as a local climate action plan template.
ICLEI worked with each municipality to identify emissions reduction strategies that were appropriate for the region and facilitated three regional workshops to enhance the regional focus
of the initiative. In addition, ICLEI assisted in the development of outreach and public relations materials to increase community awareness of the climate protection initiatives. ICLEI
is currently engaged in several similar projects, providing enhanced technical services for Menlo Park, CA; Haverford, PA; and Bellevue, WA. In each of these cases ICLEI staff is working
closely with local staff to develop an inventory of greenhouse gas emissions that meets the needs of the local government. Sustainable Silicon Valley Sustainable Silicon Valley (SSV),
begun in 2001 and an independent non-profit 501(c)3 corporation since 2004, is a collaboration of businesses, governments, and non-governmental organizations that are 5 93
identifying and addressing environmental and resource pressures in the Valley. Its mission is to work with the Silicon Valley community to create a more sustainable future using an environmental
management system (EMS), which provides a systematic approach to achieve desired environmental targets, such as CO2 emissions reductions. As its first initiative, SSV engages prominent
Valley organizations to work towards a goal of reducing regional carbon dioxide (CO2) emissions 20% below 1990 levels by 2010 SSV facilitates strategies to reduce CO2 emissions through
increased energy and fuel efficiency and through the use of renewable sources of energy. SSV partners pledge to help meet SSV’s regional target, set their own individual targets, report
their progress, share information and mentor one another in quarterly educational forums and monthly meetings. SSV recognizes results in its Annual CO2 Report and at its Annual Report
Release Event. SSV municipal partners include the Cities of Morgan Hill, Palo Alto, San San Mateo, San Jose, Santa Clara, and Sunnyvale, the Towns of Los Altos Hills and Portola Valley,
and San Mateo and Santa Clara Counties. SSV works with these municipalities to mentor and educate new partners, providing tools and resources to support these organizations. Quarterly
educational forums have provided proven CO2 reduction strategies from experts since 2004. 6 94
Appendix A. Organizational Membership/Partnership Benefits ICLEI – Local Governments for Sustainability • Personalized orientation to the CCP Campaign, including an overview of the process
for establishing an emissions baseline and developing a local climate action plan; • Hands-on training in the use of ICLEI’s Clean Air and Climate Protection Software; • Basic ongoing
technical support (estimated at 2 hours/month) in the use of the software and protocols for emissions quantification; • Access to case studies, local government network participants,
sample resolutions, and policy documents; • Opportunities to participate in ICLEI’s series of virtual training sessions on best practices and new tools in sustainability planning and
climate protection; • Notice of funding opportunities and assistance in matching with appropriate sources of funds; • Membership in the network of worldwide local government representatives
who are tackling similar environmental and management issues and who meet at workshops, seminars, and conferences around the world, and through electronic conferences on the website;
and, • Invitation and travel to national and international events, supported by ICLEI as funding is available. • Media support as requested to foster promotion of local climate action
efforts. Sustainable Silicon Valley • Quarterly Educational Forums on topics of concern to organizations working to reduce energy use and CO2 emissions. • Access to Energy Efficiency
Incentive Funds through an agreement with PG&E that makes energy efficiency incentive funds available to qualifying SSV Partners and Silicon Valley Leadership Group (SVLG) members. •
The ongoing exchange of Energy and CO2 Best Practices, at monthly meetings and through direct contacts within Sustainable Silicon Valley. • Public recognition, as bestowed this past
year on SSV and SSV Partners by the U.S. Environmental Protection Agency, and by the California Climate Action Team in its report to the governor. • Inclusion in the annual CO2 Report,
which highlights highlights Partner achievements in the context of Silicon Valley trends. • Media attention has included front page Business section coverage in the San Jose Mercury
News, KGO/ABC7 television evening news and other programming, and interviews on various radio stations. • Nomination by SSV for honors and recognition. • Affiliation with other prominent
Silicon Valley organizations in an internationally recognized, regional effort to address the environmental concerns of your organization and its community. For further information about
ICLEI and Sustainable Silicon Valley, consult the ICLEI web site at http://www.iclei.org/usa; and the SSV web site at http://www.sustainablesiliconvalley.org. 7 95
Appendix B. Organizational Membership/Partnership Dues ICLEI – Local Governments for Sustainability Community Population Annual Dues 1 to 50,000 $600 50,001 to 100,000 $1,200 100,001
to 200,000 $1,750 200,001 to 300,000 $2,250 300,001 to 500,000 $2,750 500,001 to 750,000 $3,500 750,001 to 1,000,000 $4,500 1,000,001 to 2,000,000 $5,750 2,000,001 to 4,000,000 $7,000
Over 4,000,001 $8,000 Sustainable Silicon Valley Annual SSV partnership dues for any pledging government agency are currently $1,000 per year per local government. 8 96
SARATOGA CITY COUNCIL MEETING DATE: February 6, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager
John Livingston Community Development Director SUBJECT: Direction to Staff Regarding Santa Clara County Cities Association’s Near-term Policy on Green Building Strategy RECOMMENDED ACTION:
Accept report and provide direction to staff concerning next steps in addressing the Santa Clara County Cities Association’s “Near-term Policy on Green Building Strategy”. BACKGROUND:
The Santa Clara County Cities Association (SCCCA) established a Green Building Policy Collaborative (GBC). One of its goals is to “encourage regional collaboration to adopt consistent
sustainable development ‘green building’ policies and standards that facilitate positive results for the environment, community health, and economic vitality”. The GBC recommended, and
on November 8, 2007, the SCCCA adopted these “Near-term Building Policy Recommendations”: 1. Local governments should formally recognize/adopt Leadership in Energy and Environmental
Design (LEED) & Build It Green’s “GreenPoint Rated” System as the official green building standards for their jurisdiction; 2. As a part of a planning application, local governments
should require the submittal of a completed LEED or GreenPoint Rated checklist; and 3. Local governments should adopt a policy for achieving LEED Silver certification or better for all
public new construction and renovation projects over 5,000 square feet. Page 1 of 6 97
DISCUSSION: Recommendation #1: Local governments should formally recognize/adopt Leadership in Energy and Environmental Design (LEED) & Build It Green’s “GreenPoint Rated” System as
the official green building standards for their jurisdiction. What characterizes the LEED and GreenPoint Rated systems? LEED: In 2,000, the U.S. Green Building Council (USGBC) developed
LEED as a green building rating system. According to the USGBC website: ?? LEED is a system in which projects earn points through meeting specific green building criteria. ?? Currently,
LEED Certification is available only for commercial, institutional and high-rise residential buildings. Certification criteria for residential buildings have been drafted and are currently
under review. ?? There are six categories for earning LEED points: Sustainable Sites; Water Efficiency, Energy & Atmosphere; Materials & Resources; Indoor Environmental Quality; and
Innovation in Design. These categories, and the individual criteria within them, are included on project checklists. A sample checklist is provided as Attachment “A” ?? There are four
LEED Certification levels, progressing from the lowest level, “Certified”, up through “Silver”, “Gold” and the highest level, “Platinum”. ?? In order to qualify for a LEED Silver Certification
(as recommended by the SCCCA), a building must earn between 33 and 38 out of a total available 69 points. ?? A fee of $450 (USGBC member) or $600 (non-member) is required in order to
initially register a project. An additional fee, which varies by project size (averaging $2,000), is assessed to attain LEED certification. GreenPoint Rated: The GreenPoint Rated System
was developed by Build It Green, “a professional non-profit membership organization whose mission is to promote healthy, energy and resource-efficient buildings in California”. ?? GreenPoint
Rated, similar to LEED, is a system in which projects earn points through meeting specific criteria. ?? Currently GreenPoint rating is available only for residential construction. ??
There are twelve categories for earning Green Points: Site; Landscaping; Foundation; Structure Frame & Building Envelope; Exterior Finish; Plumbing; Appliances; Insulation; Heating,
Ventilation & Air Conditioning; Building Performance; Renewable Energy; Finishes; Flooring; and Other. As with LEED, these categories, and the individual criteria within them, are included
on project checklists. A sample checklist is provided as Attachment “B”. Page 2 of 6 98
?? Unlike LEED, there are no levels of certification under the GreenPoint Rated system. Rather, a project must attain a minimum of 50 points in order to be awarded certification. The
certification bears the program name and logo. ?? In order to receive certification, a program-certified GreenPoint rater or qualified Implementation Partner must certify that a project
has achieved minimum threshold requirements. ?? Builders, contractors and homeowners seeking certification contract directly with GreenPoint Raters, who conduct verifications and submit
their results to Build It Green, which then issues the certification. ?? Costs vary for attaining certification under the GreenPoint system, depending upon the level of knowledge and
experience architects and contractors possess about green building and the level of complexity of the green building features incorporated into a project. As noted above, certification
fees are directly negotiated with the GreenPoint Rater conducting the certification process. A representative from Build It Green stated that costs can vary from $150 to as much as $1,500
per project. Recommendation #2: As a part of a planning application, local governments should require the submittal of a completed LEED or GreenPoint Rated checklist. What change(s)
in current practice would be involved in implementing this recommendation? 1. Currently, at the time of project application, Planning staff reviews the City’s “Residential Design Handbook”
with the applicant and/or the applicant’s Architect. The Handbook includes techniques to “integrate structures with the environment” and to “design for energy efficiency”, both of which
are supportive of and compatible with green building concepts and methodologies. Applicants are asked to include design elements that support some or all of these techniques in their
plan submittals. Staff includes this information in their report to the Planning Commission. 2. Requiring the submittal of a LEED or GreenPoint Rated checklist (copies of which are attached)
as part of a planning application could increase staff time, if there is also an expectation that staff will review and compile information from the checklists and incorporate the information
in reports to the Planning Commission. The amount of additional staff time required is not known at this time. Page 3 of 6 99
Recommendation #3: Local governments should adopt a policy for achieving LEED Silver certification or better for all public new construction and renovation projects over 5,000 square
feet. How might this requirement impact the renovation of existing City buildings and/or future new construction? Current City-owned buildings that could potentially be impacted by this
requirement include City Hall, the Civic Theater, and the Community Center. The proposed gymnasium at North Campus would also be affected by this requirement. What factors should be
taken into account when seeking LEED Silver certification for City buildings? According to a report titled “Costing Green: A Comprehensive Cost Database and Budgeting Methodology” by
Lisa Fay Matthiessen and Peter Morris: ?? The best and most economical sustainable designs are ones in which the features are incorporated at an early stage and integrated into the project,
effectively supporting each other. ?? The “bidding climate”, or response of bidders to green requirements in a contract, is possibly the single most significant factor in the cost of
sustainable design. ?? California currently has one of the highest number of LEED-seeking buildings in the country. Contractors in California are familiar with sustainable design, and
are more willing to bid on green projects. Will the requirement to attain LEED Silver certification add significant costs to a building project? ?? There is significant variability in
building costs; therefore, there are low cost and high cost green buildings, just as there are low cost and high cost non-green buildings. ?? Projects that are most successful in staying
within original budget parameters are those with clear goals established from the start, integrating sustainable elements into the project at an early stage. Projects that attempt to
add sustainable elements as an addition to the scope tend to have the most difficulty staying within budget. OPTIONS: Recommendation #1: Local governments should formally recognize/adopt
Leadership in in Energy and Environmental Design (LEED) & Build It Green’s “GreenPoint Rated” System as the official green building standards for their jurisdiction. What options exist
for addressing this recommendation? 1. The Council could adopt an ordinance requiring LEED and/or GreenPoint Rated certification for specific types of buildings (e.g. public only, minimum
square footage, non-residential only); or Page 4 of 6 100
2. The Council could adopt a resolution recognizing the LEED and/or GreenPoint Rated systems as reference documents for information and educational purposes. Recommendation #2: As a
part of a planning application, local governments should require the submittal of a completed LEED or GreenPoint Rated checklist. What options exist for addressing this recommendation?
1. Planning staff could provide information about LEED and GreenPoint Rated systems at the Counter as reference materials only; or 2. Planning staff could provide LEED and GreenPoint
Rated system checklists to applicants and require the completion and submittal of either one as part of the planning application. As noted earlier, a decision should also be made about
whether information from the checklists will be reviewed, compiled and forwarded to the Planning Commission as part of the project submittal. Recommendation #3: Local governments should
adopt a policy for achieving LEED Silver certification or better for all public new construction and renovation projects over 5,000 square feet. What options exist for addressing this
recommendation? 1. As recommended by SCCCA, the Council could adopt a policy requiring LEED Silver certification or better for all City-owned new construction and renovation projects
over 5,000 square feet; or 2. The Council could modify SCCCA’s recommendation by adopting a policy requiring LEED Silver certification or better only for City-owned
new construction projects over 5,000 square feet; or 3. The Council could modify SCCCA’s recommendation by establishing a future date by which all City-owned new construction projects
over 5,000 square feet would be required to attain LEED Silver certification or better (thus exempting existing City-owned buildings). FISCAL IMPACTS: Membership in USGBC is not required
in order to use the LEED system, or the checklists. However, USGBC membership affords discounts on reference materials, conferences and training. USGBC membership for Saratoga would
be $500/year. Membership in Build It Green is recommended, but not required in order to use the GreenPoint Rated system. Build It Green membership for Saratoga would be $100/year. CONSEQUENCES
OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City would not adopt the “Near-term Building Policy Recommendations adopted by the SCCCA. Page 5 of 6 101
Page 6 of 6 ALTERNATIVE ACTION(S): The Council could adopt one or more of the “Near-term Building Policy Recommendations”, modify and adopt one or more of the recommendations, or chose
another approach. FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: LEED Checklist Attachment
B: GreenPoint Rated checklist 102
LEED for New Construction v2.2 Registered Project Checklist Yes ? No Sustainable Sites 14 Points Y Prereq 1 Construction Activity Pollution Prevention Required Credit 1 Site Selection
1 Credit 2 Development Density & Community Connectivity 1 Credit 3 Brownfield Redevelopment 1 Credit 4.1 Alternative Transportation, Public Transportation Access 1 Credit 4.2 Alternative
Transportation, Bicycle Storage & Changing Rooms 1 Credit 4.3 Alternative Transportation, Low-Emitting & Fuel-Efficient Vehicles 1 Credit 4.4 Alternative Transportation, Parking Capacity
1 Credit 5.1 Site Development, Protect or Restore Habitat 1 Credit 5.2 Site Development, Maximize Open Space 1 Credit 6.1 Stormwater Design, Quantity Control 1 Credit 6.2 Stormwater
Design, Quality Control 1 Credit 7.1 Heat Island Effect, Non-Roof 1 Credit 7.2 Heat Island Effect, Roof 1 Credit 8 Light Pollution Reduction 1 Yes ? No Water Efficiency 5 Points Credit
1.1 Water Efficient Landscaping, Reduce by 50% 1 Credit 1.2 Water Efficient Landscaping, No Potable Use or No Irrigation 1 Credit 2 Innovative Wastewater Technologies 1 Credit 3.1 Water
Use Reduction, 20% Reduction 1 Credit 3.2 Water Use Reduction, 30% Reduction 1 Energy & Atmosphere 17 Points Y Prereq 1 Fundamental Commissioning of the Building Energy Systems Required
Y Prereq 2 Minimum Energy Performance Required Y Prereq 3 Fundamental Refrigerant Management Required Credit 1 Optimize Energy Performance 1 to 10 10.5% New Buildings or 3.5% Existing
Building Renovations 1 14% New Buildings or 7% Existing Building Renovations 2 17.5% New Buildings or 10.5% Existing Building Renovations 3 21% New Buildings or 14% Existing Building
Renovations 4 24.5% New Buildings or 17.5% Existing Building Renovations 5 28% New Buildings or 21% Existing Building Renovations 6 31.5% New Buildings or 24.5% Existing Building Renovations
7 35% New Buildings or 28% Existing Building Renovations 8 38.5% New Buildings or 31.5% Existing Building Renovations 9 42% New Buildings or 35% Existing Building Renovations 10 Credit
2 On-Site Renewable Energy 1 to 3 2.5% Renewable Energy 1 7.5% Renewable Energy 2 12.5% Renewable Energy 3 Credit 3 Enhanced Commissioning 1 Credit 4 Enhanced Refrigerant Management
1 Credit 5 Measurement & Verification 1 Credit 6 Green Power 1 continued… *Note for EAc1: All LEED for New Construction projects registered after June 26th, 2007 are required to achieve
at least two (2) points under EAc1. Project Name: Project Address: 103
Yes ? No Materials & Resources 13 Points Y Prereq 1 Storage & Collection of Recyclables Required Credit 1.1 Building Reuse, Maintain 75% of Existing Walls, Floors & Roof 1 Credit 1.2
Building Reuse, Maintain 100% of Existing Walls, Floors & Roof 1 Credit 1.3 Building Reuse, Maintain 50% of Interior Non-Structural Elements 1 Credit 2.1 Construction Waste Management,
Divert 50% from Disposal 1 Credit 2.2 Construction Waste Management, Divert 75% from Disposal 1 Credit 3.1 Materials Reuse, 5% 1 Credit 3.2 Materials Reuse,10% 1 Credit 4.1 Recycled
Content, 10% (post-consumer + ½ pre-consumer) 1 Credit 4.2 Recycled Content, 20% (post-consumer + ½ pre-consumer) 1 Credit 5.1 Regional Materials, 10% Extracted, Processed & Manufactured
Regionally 1 Credit 5.2 Regional Materials, 20% Extracted, Processed & Manufactured Regionally 1 Credit 6 Rapidly Renewable Materials 1 Credit 7 Certified Wood 1 Yes ? No Indoor Environmental
Quality 15 Points Y Prereq 1 Minimum IAQ Performance Required Y Prereq 2 Environmental Tobacco Smoke (ETS) Control Required Credit 1 Outdoor Air Delivery Monitoring 1 Credit 2 Increased
Ventilation 1 Credit 3.1 Construction IAQ Management Plan, During Construction 1 Credit 3.2 Construction IAQ Management Plan, Before Occupancy 1 Credit 4.1 Low-Emitting Materials, Adhesives
& Sealants 1 Credit 4.2 Low-Emitting Materials, Paints & Coatings 1 Credit 4.3 Low-Emitting Materials, Carpet Systems 1 Credit 4.4 Low-Emitting Materials, Composite Wood & Agrifiber
Products 1 Credit 5 Indoor Chemical & Pollutant Source Control 1 Credit 6.1 Controllability of Systems, Lighting 1 Credit 6.2 Controllability of Systems, Thermal Comfort 1 Credit 7.1
Thermal Comfort, Design 1 Credit 7.2 Thermal Comfort, Verification 1 Credit 8.1 Daylight & Views, Daylight 75% of Spaces 1 Credit 8.2 Daylight & Views, Views for 90% of Spaces 1 Yes
? No Innovation & Design Process 5 Points Credit 1.1 Innovation in Design: Provide Specific Title 1 Credit 1.2 Innovation in Design: Provide Specific Title 1 Credit 1.3 Innovation in
Design: Provide Specific Title 1 Credit 1.4 Innovation in Design: Provide Specific Title 1 Credit 2 LEED® Accredited Professional 1 Yes ? No Project Totals (pre-certification estimates)
69 Points Certified: 26-32 points, Silver: 33-38 points, Gold: 39-51 points, Platinum: 52-69 points 104
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SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Brad Lind & Richard Taylor DIRECTOR: John
Livingstone ________________________________________________________________________ SUBJECT: Introduction of (1) Ordinance Adopting and Amending the 2007 editions of the California
Building, Plumbing, Mechanical, Electrical and Fire Codes; adopting a new Excavation and Grading Code; adopting a new Repair and Reconstruction Code and (2) Resolution regarding the
need to modify the California Building Code due to local conditions. RECOMMENDED ACTIONS: (1) Introduce and waive the first reading of the attached ordinance adopting and amending the
referenced codes and direct the City Attorney to read the title of the codes to be adopted; (2) Introduce the attached resolution making findings regarding proposed amendments to the
referenced codes; (3) Call a public hearing for March 19, 2008 to consider adoption of the attached ordinance and resolution; and (4) Direct staff to publish notice of the proposed ordinance
adoption in accordance with the special requirements for adopting codes by reference. REPORT SUMMARY: The attached ordinance and resolution will adopt California’s various uniform construction
codes and make amendments reflecting conditions in Saratoga. The state periodically updates its construction codes and with each update the City updates its own code accordingly. The
last update was in 2002. The modifications proposed in this staff report were developed by the City’s Building Official in consultation with other Building Officials 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 Fire Marshall 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, Santa Clara County,
and some 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 construction code amendments. The law regarding adoption of Uniform
Codes requires that a public hearing be held at the time of 1 109
2 the second reading instead of introduction. Accordingly, the recommended actions above call for setting a public hearing at the meeting of March 19, 2008. BACKGROUND: The construction
of residential, commercial, and various other structures in California is regulated by the California Building Standards Code (“CBSC”). The Code is compiled and published by the California
Building Standards Commission. The CBSC compiles a number of specific codes. Health and Safety Code section 18938 requires cities to enforce the CBSC Building Code, Plumbing Code, Mechanical
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, Plumbing, Mechanical, Electrical and Fire Codes
are referred to collectively in this staff report as the “Building Codes.”) On January 1 of this year, the 2007 edition of the Building Codes went into effect. These codes now apply
statewide. The Building Codes also include appendices. These do not apply in any city unless expressly adopted by that city. State law also allows the City to adopt amendments to the
Building Codes if the City finds that amendments are reasonably necessary because of local climatic, geological, or topographical conditions to the Building Codes. Before the amendments
can take effect, the City must make express findings regarding the need for the amendments. The findings and the amendments must be forwarded to the Building Standards Commission in
the case of the Building, Plumbing, Mechanical, and Electrical Codes and the Department of Housing and Community Development in the case of the Fire Code. A resolution for this purpose
is included with this staff report. The Building Official has reviewed the 2007 California Building Standards Code, and recommends that: 1. The City adopt the 2007 California Building,
Plumbing, Mechanical, and Electrical codes by reference; 2. The City adopt certain appendices to the California Building, Plumbing, and Mechanical Codes; 3. The City adopt various modifications
to the 2007 California Building Standards Code that are reasonably necessary because of local climatic, geological and topographical conditions; 4. The City adopt a new “Repair and Reconstruction”
Code that further modifies the 2007 California Building Code in order to provide for damaged structures to be repaired or reconstructed to a structurally safe level, accounting for upgrades
in wind and seismic standards in accordance with various federal emergency management standards and recommendations; 5. The City adopt an “Excavation and Grading” Code based on the grading
and excavation provisions of the prior Building Code that are not included in the 2007 Building Code (the 2007 Building Code provides only general direction and is insufficient to ensure
public safety given, among other things, the seismic activity and steep slopes susceptible to erosion that characterize the City). The 110
3 Building Official recommends not adopting Appendix J of the 2007 CA Building Code. Instead, the Building Official recommends retaining the provisions of appendix Chapter 33 of the
2001 California Building Code, and the modifications to that appendix adopted by the City in 2001, in a new “Excavation and Grading” Code. This would enable the City to retain its current,
and more protective, excavation and grading requirements; and 6. The City adopt the 2007 California Fire Code by reference and make numerous amendments to the code recommended by the
Fire Chief and Fire Marshall as being reasonably necessary because of local climatic, geological and topographical conditions. The attached ordinance (Attachment 3) would implement these
recommendations. The attached resolution (Attachment 2) describes the modifications to the Building Codes that are proposed in the attached ordinance and sets forth reasons why the amendments
are reasonably necessary because of local climatic, geological, or topographical conditions. 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. Finally, Section 1 explains why the City intends to adopt the “Repair and Reconstruction”
and “Excavation and Grading” Codes. Section 2 of the ordinance adopts and modifies the 2007 editions of the Building Codes. It adopts the “Repair and Reconstruction” Code and specifies
the modifications it makes to the 2007 Building Code. Section 2 also adopts the “Excavation and Grading” Code. Appendix A, attached to the ordinance, reflects all these adoptions and
modifications as they will appear in the Saratoga City Code. The specific provisions adopted and modified by the ordinance are summarized below and in the table presented as Attachment
1 to this Staff Report. 2007 California Building Code--The 2007 California Building Code and appendix Chapter 1 is adopted and modified in Article 16-15 of the Saratoga City Code. The
modifications made to the 2007 California Building Code in Article 16-15 (“Building Code”) are detailed in Part 1 of Attachment 1. Repair and Reconstruction Code--The City’s Repair and
Reconstruction Code is adopted in Article 16-16 of the Saratoga City Code. Article 16-16 is new to the Saratoga City Code. Section 16-16.020 provides a new definition of “substantial
structural damage” based on decreased load-carrying capacity. Section 16-16.030 adds a new Subsection 3403.5 to Section 3403 (“Additions, Alterations or Repair”) in the 2007 California
Building Code. The requirements added in subsection 3403.5 are reasonable and ensure that damaged structures will be repaired or reconstructed to a structurally safe level, accounting
for upgrades in wind and seismic standards. This ordinance acts in conjunction with a wide variety of predisaster mitigation measures adopted by the City of Saratoga. These mitigation
measures include limits on building in flood plains and stringent standards for new construction. The ordinance applies to all facilities within the City of Saratoga. It will be continuously
enforced, and will apply to all natural and manmade disasters. It is intended to provide reconstruction and repair that is appropriate to the predisaster use of any given building. 111
4 Excavation and Grading Code--The City’s Excavation and Grading Code is adopted in Article 16-17 of the Saratoga City Code. Article 16-17 is new to the Saratoga City Code. As noted
previously, the provisions of new Article 16-17 will be identical to the current provisions of the Saratoga City Code and do not modify any provisions of the 2007 Building Codes. The
provisions of the “Excavation and Grading” Code are outlined in Part 2 of Attachment 1. 2007 California Fire Code--The 2007 California Fire Code and appendix Chapters 1, 4, B and C are
adopted and modified in Article 16-20 of the Saratoga City Code. In preparation for the adoption of the 2007 California Fire Code, the Santa Clara County Fire Marshal’s Association developed
proposed “standard” amendments for all jurisdictions to utilize. The amendments proposed for the City Saratoga to the California Fire Code are those developed by the Santa Clara County
Fire Marshals and endorsed by the Santa Clara County Fire Chiefs Association. The major changes to the 2007 Fire Code have been summarized by the Fire Chiefs Association and the summary
is presented in Part 3 of Attachment 1. The hazardous fire area map referenced in the code is attached as Attachment 4. 2007 CA Plumbing Code--The 2007 California Plumbing Code and appendix
Chapters A, B, D, I, K and L are adopted in Article 16-25 of the Saratoga City Code. The City of Saratoga is not adopting any modifications to the Plumbing Code or its appendices. 2007
CA Mechanical Code--The 2007 California Mechanical Code and all its appendices are adopted in Article 16-30 of the Saratoga City Code. The City of Saratoga is not adopting any modifications
to the Mechanical Code or its appendices. 2007 CA Electrical Code--The 2007 California Electrical Code is adopted in Article 16-35 of the Saratoga City Code. The 2007 California Electrical
Code replaces former Article 16-35 as the City’s Electrical Code. The City of Saratoga is not adopting any modifications to the Electrical Code. SPECIAL NOTICE REQUIREMENTS Because the
ordinance would adopt the various codes by reference, section 50022.6 of the Government Code requires at least one copy of each code to be adopted to be filed with the City Clerk at
least fifteen days prior to the public hearing on adoption. A copy of each code must be kept in the office of the City Clerk while each code is in effect, and the City Clerk must maintain
a reasonable supply of the codes available for public purchase at no more than actual cost to the City. In addition, a copy of the California Fire Code must be kept in the offices of
the City Building Official while the Fire Code is in effect. The title of the adopting ordinance, the titles of the codes that are adopted by reference directly by the ordinance, and
the titles of the codes that are adopted by reference indirectly by the ordinance must be read during the introduction of the ordinance. (Gov. Code sec. 50022.3.) The titles of the codes
that are adopted by reference indirectly by the attached ordinance are as follows: • the 2007 California Building Code (the 2006 edition of the International Building Code as amended
by the State of California); • the 2007 California Fire Code (the 2006 edition of the International Fire Code as amended by the State of California); 112
5 • the 2007 California Plumbing Code (the 2006 Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials and amended by the State of
California); • the 2007 California Mechanical Code (the 2006 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials and amended by
the State of California); and • the 2007California Electrical Code (the 2005 National Electrical Code as published by the National Fire Protection Association and amended by the State
of California). The City Council must also schedule a public hearing on the ordinance. Prior to holding the hearing, notice stating the hearing time and place must be published once
a week for two successive weeks in a newspaper of general circulation in or nearest to the City. The notice must state that copies of the codes being considered for adoption are on file
with the City Clerk and open to public inspection. ALTERNATIVES The Council could elect not to introduce the ordinance. This would leave the City’s building code inconsistent with State
law and inconsistent with the City’s enforcement obligations. The Council could elect not to adopt the resolution. This would preclude the City from amending the 2007 California Building
Standards Code. The City Council may choose not to adopt the 2007 Fire Code. Pursuant to Government Code Section 13869, the City may instead ratify ordinances passed by the Fire Districts
(and transmitted to the City) and send a copy of the City’s findings to the Department of Housing and Community Development. This procedure would result in the adoption and modification
of the Fire Code by Fire Districts. It will continue to be the responsibility of the Fire Districts to enforce the Fire Code in the City. Regardless of how the 2007 Fire Code is adopted,
the City Council may also choose to modify the fire sprinkler provisions in Section 903.2 of the Fire Code. As proposed, section 903.2 requires an automatic sprinkler system to be installed
throughout all existing buildings when modifications are made (i) to buildings with gross floor area greater than 3,600 square feet or (ii) that increase the gross floor area to more
than 3,600 square feet or increase the number of stories to three or more. There is an exception for one-time additions to existing buildings made after January 1, 2008 that do not exceed
500 square feet in gross floor area. With the exception of the City of San Jose, most jurisdictions within the County of Santa Clara have approved the proposed amendments to the California
Fire Code. The City of Monte Sereno approved all of the proposed amendments except the sprinkler requirement for all new buildings greater than 3,600 square feet. The City of Los Altos
modified the provisions to require automatic sprinklers in all new buildings and throughout all existing buildings expanded fifty percent or more in gross floor area. According to the
American Fire Sprinkler Association (AFSA), the cost to install sprinklers in new construction ranges from $1.00 to $2.00 per square foot. Research by staff indicates it is costing $13,000.00
to install sprinklers in a 7,000 square foot house currently under construction on Mt. Eden Road. The AFSA estimates that the cost to install sprinklers during the retrofit of an existing
building 113
6 generally ranges from $2.00 to $3.00 per square foot. However, this can increase dramatically depending on the circumstances. FISCAL IMPACTS: No significant fiscal impacts. ADVERTISING,
NOTICING AND PUBLIC CONTACT: Notice of this meeting. Notice for ordinance adoption will include notices advertising the adopting of the Building Codes in the Saratoga News on March 5
and March 12. ATTACHMENTS: Attachment 1 – Table summarizing effect of proposed ordinance Attachment 2 – Resolution Attachment 3 – Ordinance Attachment 4 – Hazardous Fire Area Map 114
1 ATTACHMENT 1 PART 1: AMENDMENTS TO THE 2007 BUILDING CODE This table summarizes proposed modifications to the 2007 Building Code. The first column shows where in the attached ordinance
(which will become the 2007 Saratoga Building Code) the modification is adopted. The second column references the section of the 2007 California Building Code that is modified. The third
column explains the modification that is made. Minor changes or changes in organization are not included in the table. Additional explanation of the facts and circumstances requiring
the change is included in the Resolution describing the need for the findings; the Resolution is Attachment 2 to this staff report. 2007 Saratoga Building Code Amended Sections of the
2007 CA Building Code Explanation 16-15.010 Not Applicable Adopts the 2007 CA Building Code. 16-15.020 Not Applicable Specifies that the changes made in this Article are to the 2007
CA Building Code. 16-15.025 108.4.3.1 Amends the 2007 CA Building Codes provisions for retention of of plans by the building official. 16-15.030 108.4.1.1 Adds a new section concerning
the expiration of building permits if, for example, work is not commenced in 180 days. 16-15.040 108.4.2 Amends the 2007 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 fees. These include fee provisions from §16-15.050 and §16-15.060 of the current
Saratoga Code. 16-15.050 202 Revises the definition of light-frame construction in the 2007 CA Building Code. 16-15.060 501.2 Provides for visible address numbers and amends the 2007
Building Code to require illuminated numbers on all new buildings. The Building Official may grant exceptions to this requirement due to location, surroundings or topography as appropriate.
A matching modification is made to 115
2 Section 505.1 of the 2007 CA Fire Code. 16-15.070 903.2 903.3 915 Specifies that modifications made in Section 16-20.100 of the Saratoga Municipal Code also apply to and amend Chapter
9 (“Fire Protection Systems”) of the 2007 CA Building Code. Chapter 9 in the 2007 CA Fire Code is the same as Chapter 9 in the 2007 CA Building Code, so modifications made to one should
apply to the other. 16-15.080 1506.1.1 A new subsection has been added to the 2007 CA Building Code to retain the Saratoga Code’s provisions for roof coverings. 16-15.085 1614 1614.1
1614.1.1 1614.1.2 A new Section 1614 is added to modify structural design and structure separation equations in the 2007 CA Building Code 16-15.086 1704.4 Amends an exception to special
inspections for concrete construction. 16-15.087 1908.1 1908.1.17 1908.1 simply notes that 1908.1.17 now modifies the text. 1908.1.17 is modifies the equations for concrete used in structures.
16-15.090 1910A.1 The 2007 CA Building Code has been changed to retain the more stringent provisions of the 2001 Saratoga Code’s provisions for the reinforcement of concrete slabs. 16-15.095
2308.9.3 Table 2308.12.4 2308.9.3 is modified to change the provisions for braced wall lines. Table 2308.12.4 is modified to disallow the use of gypsum board, lath and plaster, Portland
cement plaster, and gypsum sheathing boards. 16-15.100 2505.1 Subsection 2505.1 concerning the use of gypsum board and plaster is deleted. 116
3 PART 2: 2007 “EXCAVATION AND GRADING” CODE This table summarizes the new Excavation and Grading Code. The first column shows where in the attached ordinance the modification is adopted.
The second column references the section of the former Building Code that forms the basis for the new section or that has been modified. The third column briefly describes how the referenced
code section would operate and, where relevant, compares the new code section to comparable provisions in the 2007 Building Code. Because all of the new provisions are based on the Building
Code that has been in effect since 2002, none of the requirements will impose new standards on Saratoga projects. 2007 Saratoga Grading Code Amended Sections of Appendix Chapter 33 of
the 2001 CA Building Code Explanation 16-17.010 3304 Notes that the purpose of the Excavation and Grading Code is to safeguard life, limb, property and the public welfare. 16-17.020
3305 Notes that this Article sets forth rules and regulations to control excavation, grading and earthwork construction. It also notes the recognized standards from the 2007 CA Building
Code on which it is based. 16-17.030 3306 Requires permits for grading work and lists a few exceptions. 16-17.040 3307 Allows the Building Official to require the repair or eliminate
hazardous excavations, embankments or fills. 16-17.050 3308 Defines the terms used in this article. 16-17.060 3309 Sets standards and procedures for acquiring grading permits. 16-17.070
3310 Table A-33-A Notes that in general fees will be set in accordance with this section or as set forth in the fee schedule. Sets standards for plan checking, grading permit and special
fees. 16-17.080 3311 Requires permittees to post bonds. 16-17.090 3312 Sets general standards for cuts and slopes. 16-17.100 3313 Sets general standards for fills. 16-17.110 3314 Sets
general standards for cutbacks. 16-17.120 3315 Sets general standards for drainage and terracing. 117
4 16-17.130 3316 Sets general provisions for slopes and other devices to control erosion. 16-17.040 3317 Sets standards and procedures for grading inspections. 16-17.150 3318 Sets standards
and procedures for completed work, including final reports and notifications of completion. 16-17.160 Retains provisions in the current Saratoga Code for the construction of driveways.
16-17.170 Retains provisions in the current Saratoga Code for stockpiling. 16-17.180 Retains the general provisions in the current Saratoga Code for, among other things, the hours grading
is permitted, dust and dirt control and special precautions that must be taken. 118
5 PART 3: AMENDMENTS TO 2007 CALIFORNIA FIRE CODE The following is a summary of the major modifications to the 2007 Fire Code proposed by the Fire Chiefs Association based on materials
provided by the Association. Section 16-20.020 adds a definition for “workstation.” The
new definition will allow a more general application of the term. The definition in the 2007 Fire Code (which is deleted later) is limited to semi-conductor fabrication facilities.
Section 16-20.060 deletes Section 311.5 (“Placards”) concerning the placement of placards on buildings determined to be unsafe. This section is deleted since the signage and symbols
used are not recognized universally in the fire service as a means to post information about abandoned buildings. In addition, this section is not adopted by the State of California.
Chapter 4 of the 2007 Fire Code (“Emergency Planning and Preparedness”) has not been adopted by the State of California due to some conflicts with Title 19 of the California Code of
Regulations. However, However, much of Chapter 4 is of value locally when regulating fire drills and requirements for emergency planning and preparedness. Therefore, the chapter is adopted
in Section 16-20.070, with amendments that refer to Title 19 wherever the conflicts are encountered. Section 16-20.080 amends Section 503 (“Fire Apparatus Access Roads”) is amended to
allow a fire access road that serves not more than two Group R-3 or U occupancies to have a width of less than 20 feet. This change is consistent with current practice in the City of
Saratoga. Section 16-20.080 also adds a Section 507 to the 2007 CA Fire Code that requires rooftop level guardrails around small court openings that are 600 square feet or less. With
the increasing use of interior courts in large residential and commercial buildings for light and ventilation, a hazard to firefighters can occur during night or smoke obscured operations.
The addition of guardrails on the roof will protect firefighters from falling into such openings. Court openings greater than 600 square feet in area are exempt from this requirement
as it is felt that larger openings are more easily identifiable. Finally, Section 16-20.080 adds Section 511 to the 2007 CA Fire Code to address adequate emergency communication coverage
in buildings. This amendment provides the opportunity for the Fire Department to have emergency radio coverage improved as may be necessary in new buildings or buildings that have been
substantially expanded where the building design or size inhibits emergency radio communications. Section 16-20.090 adds Section 608.6.3 to the 2007 CA Fire Code. This new amendment
changes the existing City regulation regarding ventilation system 119
6 failure. The amendment will not allow a local alarm to be used in lieu of disengaging battery charging systems. Under the existing regulation, if an alarm notification system fails
or is ignored, the build up of hydrogen gas will continue as long as the batteries are being charged and create a hazardous condition. Section 16-20.100 amends Section 903 (“Automatic
Sprinkler Systems”) in the 2007 CA Fire Code and changes the current requirement for fire sprinklers in the City of Saratoga. Currently, fire sprinklers are required in three instances:
when fire flow exceeds 2000 gallons per minute; if a building is 3 or more stories; or if the building is in excess of 10,000 square feet. The County Fire Marshals elected to lower the
threshold for when fire sprinklers are required due to the outstanding performance of fire sprinklers in protecting commercial properties and the fact that the majority of structure
fires continue to involve residential structures. The proposed amendment requires that sprinklers be installed in any new (commercial, multi-family or single family) structure that exceeds
3600 square feet or that is 3 or more stories in height. Additionally, it requires sprinklers be installed throughout an existing building when it is expanded to more than 3600 square
feet. An exception is provided to allow one-time additions up to 500 square feet, regardless of the resultant square footage. As previously mentioned, sprinklers are currently required
in new or existing structures when the fire flow exceeds 2000 gallons per minute. For a typical wood frame building, 2000 gallons per minute of fire flow will serve up to a 6200 square
foot structure. So, the new amendment, in essence, reduces the sprinkler requirement for a wood frame structure from anything greater than 6200 square feet to anything greater than 3600
square feet. This change is desirable in commercial buildings because the new California building code provides a number of desirable trade-offs for fire sprinklers in commercial buildings.
For smaller structures (such as single-family dwellings), 3600 square feet represents a required fire flow of 1000 gallons per minute, approximately the flow of an average fire hydrant.
Homes larger than 3600 square feet require more fire flow, which usually requires pumping water from an additional hydrant. Fire sprinklers get water on a fire early, so their installation
reduces the need for multiple hydrants. Section 16-20.110 adds Section 1404.8 (“Fire Walls”) to the 2007 CA Fire Code. This new amendment requires that fire walls must be substantially
completed as soon as a building is weather-tight during the construction of new buildings requiring them. Having a fire wall in place will reduce the chance of unimpeded 120
7 fire spread. Section 16-20.110 also amends Section 1411.1 (“Stairways Required”) of the 2007 CA Fire Code to require two exits from an above grade floor under construction instead
of just one. This will ensure there is an additional escape route available if a fire or other emergency occurs in any given part of the building. Finally, Section 16-20.110 adds Section
1411.1.1 (“Required Means of Egress”) to the 2007 CA Fire Code to require that all buildings under construction have at least one exit available at all times. Section 16-20.120 amends
the definition of “continuous gas detection system” in Chapter 18 of the 2007 CA Fire Code to require a shorter interval between air samplings in occupied areas where the air is re-circulated
and not exhausted to a treatment system. This will help ensure that hazardous atmospheres are detected before they may become harmful to occupants. Section 16-20.130 adds Sections 1908.7.1
and 1908.11 to Chapter 19 of the Fire Code (“Lumber Yards and Woodworking Facilities’). These additions allow the installation of fire hydrants in lumber yards and in facilities where
wood chips are stored as waste or for recycling. Section 16-20.140 adds 2703.9.10 (“Fire Extinguishing Systems for Workstations, Dispensing, Handling or Using Hazardous Materials”) to
the 2007 CA Fire Code. This addition requires fire extinguishing systems for workstations using hazardous materials, while exempting biological safety cabinets where a fire extinguishing
system could potentially spread biological material outside of the containment area. Section 16-20.150 amends Chapter 33 of the 2007 CA Fire Code (“Explosives and Fireworks”). These
amendments, although new to the City Fire Code, do not represent any changes to current regulations with respect to explosives storage, fireworks restrictions and model rockets. The
amendments are necessary due to the reorganization of the requirements for explosives and fireworks in the model and State Fire Codes. Section 16-20.160 amends Section 3404.2.7.5.8 (“Overfill
Prevention”) of the 2007 CA Fire Code. This amendment eliminates an exception to overfill protection for flammable or combustible liquid tanks up to 1320 gallons. Significant spills
can occur when filling tanks of any size. Section 16-20.160 also adds a provision, Section 3404.2.7.5.9, to the 2007 CA Fire Code for the automatic filling of flammable or combustible
liquid tanks. This addition is due to recent incidents where aboveground diesel tanks were overfilled via automatic systems. The overfilling occurred after normal business hours, and
a delay in the discovery of the overfilling resulted in spills of more than 1,000 gallons. The spills entered the storm drain system and eventually contaminated a waterway requiring
response by the Department of Fish and Game. This amendment will help to ensure that 121
8 similar overfilling emergencies are prevented. Section 16-20.170 amends Chapter 47 (“Requirements for Wildland-Urban Interface Fire Areas”) of the 2007 CA Fire Code. The amendments
to Chapter 47 are necessary due to the elimination of the fire safety regulations for hazardous hillside fire areas previously located in Appendix II-A of the 2001 California Fire Code.
Those regulations were moved to the International Wildland-Urban Interface Code, which the State of California did not adopt. In order to maintain the level of hillside fire safety previously
adopted by the City, the regulations previously found in Appendix II-A are proposed as amendments to Chapter 47. //122
1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING FINDINGS OF FACT REGARDING THE NEED FOR THE MODIFICATIONS TO THE PROVISIONS OF THE 2007 CALIFORNIA BUILDING
STANDARDS CODE MADE IN THE SARATOGA CITY CODE. _________________ WHEREAS, California Health and Safety 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 eighty 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 changes 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 changes
pursuant to Health and Safety Code Section 17958.5, must make an express finding that such changes are reasonably necessary because of local climatic, geological, or topographical conditions;
and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes,
have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances that adopt codes or statutes, including
codes of the State of California, by reference; and WHEREAS, the City Council of the City of Saratoga (“City Council”) held a duly noticed public hearing on March 19, 2008 at which all
interested persons had an opportunity to be heard to consider adopting an ordinance adopting by reference certain provisions of the California Building Standards Code together with various
changes and during and following that hearing considered the reasons for those changes as set forth in 123
2 Exhibit 1 to this Resolution; and WHEREAS, the City Council has, concurrently with adoption of this Resolution, adopted the above-described ordinance; NOW, THEREFORE, BE IT RESOLVED
that the City Council does hereby find and declare that the changes to the provisions of the California Building Standards Code set forth in “An Ordinance Adopting the 2007 California
Building, Fire, Plumbing, Electrical, And Mechanical Codes with Modifications for Local Conditions, a Repair and Reconstruction Code and an Excavation and Grading Code” are reasonably
necessary because of local climatic, geological, or topographical conditions in accordance with Health and Safety Code Section 17958.7; and BE IT FURTHER RESOLVED that a copy of this
Resolution, including Attachment 1, shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7. PASSED AND ADOPTED by
the City Council of the City of Saratoga at a meeting held on March 19, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Ann Waltonsmith,
Mayor ATTEST: ______________________________ Cathleen Boyer, City Clerk 124
1 ATTACHMENT 1 FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2007 CALIFORNIA BUILDING CODE TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF SARATOGA Amended
Sections of the 2007 CA Building Code Explanation Findings 108.4.3.1 Amends the 2007 CA Building Codes provisions for retention of plans by the building official. 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. In addition, this procedural provision is not a building standard as defined in Health and Safety Code Sec.
18909 and therefore, according to Sec. 101.6 of the 2007 CA Building Code, shall not be construed as part of the provisions of the 2007 CA Building Code. Finally, this provision is identical
to the provisions of the 2001 Saratoga Building Code so no new findings are necessary. 108.4.1.1 Adds a new section regulating the expiration of building permits. 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,
safety and welfare. In addition, this procedural provision is not a building standard as defined in Health and Safety Code Sec. 18909 and therefore, according to Sec. 101.6 of the 2007
CA Building Code, shall not be construed as part of the provisions of the 2007 CA Building Code. Finally, this provision is identical to the provisions of the 2001 Saratoga Building
Code so no new findings are necessary. 108.4.2 Amends the 2007 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 provisions for plan review fees came from 16-15.050 of the 2001 Saratoga Code which has been subsumed into 16-15.040
and 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. 108.4.2 of the 2007 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.
In addition, this procedural provision is not a building standard as defined in Health and Safety Code Sec. 18909 and therefore, according to Sec. 101.6 of the 2007 CA Building Code,
shall not be construed as part of the 125
2 deleted. The provisions for investigation fees came from 16-15.060 of the 2001 Saratoga Code which has been subsumed into 16-15.040 and deleted. provisions of the 2007 CA Building
Code. 202 Revises the definition of lightframe construction in the 2007 CA Building Code. The City of Saratoga is adjacent to active earthquake faults capable of producing substantial
seismic events. Requiring that light-frame construction not use structural concrete as a floor or roof diaphragm is necessary to ensure safety in the case of a seismic event. This provision
is identical to the provisions of the 2001 Saratoga Building Code so no new findings are necessary. 903.2 903.3 915 Amends Subsection 903.2 of the 2007 CA Building Code regarding automatic
sprinkler systems in new buildings. Amends Subsection 903.3 concerning the design and installation of automatic sprinkler systems. Adds Section 915 for garage sprinklers. 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. Additionally, the remoteness and steepness of hillside areas in the City along with long, narrow roadways significantly impacts the ability of emergency responders
to extinguish or control wildland or structure fires. Therefore, 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 necessary. The ability of automatic sprinklers to get water on a fire early also reduces the fire flow demand
and the need for multiple hydrants. 1506.1.1 A new subsection has been added to the 2007 CA Building Code to retain the Saratoga Code’s provisions for roof coverings. 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. Additionally, the remoteness and steepness of hillside areas in the City along with long, narrow roadways significantly impacts the ability of emergency responders to
extinguish or control wildland or structure fires. Therefore, 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 fireretardant Class A roofing are necessary. This provision is identical to the provisions of the 2001 Saratoga Building
Code so no new findings are necessary. 1614 1614.1 1614.1.1 1614.1.2 A new Section 1614 is added to modify structural design and structure separation equations in the 2007 CA Building
Code. No new findings are necessary to create a new section heading for 1614. No new findings are necessary for subsection 1614.1 which simply clarifies that that “the text of ASCE 7
shall be modified as indicated in this 126
3 Section.” The following findings are made for Subsection 1614.1.1: Results from the 75% Draft of ATC-63, Quantification of Building System Performance and Response Parameters, indicate
that tall buildings may fail at an unacceptably too low of a seismic level unless that minimum base shear level is increased to the value used in ASCE 7 – 02. Adoption of the minimum
base shear is appropriate due to the recent research in PEER and the ATC-63 project. The conclusion suggested that the reduction of the base shear in the previous code led to a trend
in which tall buildings had decreasing safety with increasing height. This proposed modification increases the minimum base shear level to minimize the potential increased fire-life
safety associated with such a seismic failure of tall buildings. The proposed amendment to the current ASCE 7 is very well supported by the engineering community. Both the Structural
Engineers Association of Northern California (SEAONC) and other structural engineering organizations from the state level are in support of adopting the revised minimum base shear. Findings
for 1614.1.3: Section 12.12.3 of ASCE 7-05 including Supplement No. 1 does not provide requirements for separation distances between adjacent buildings. Requirements for separation distances
between adjacent buildings, not structurally connected, were included in previous editions of the IBC and UBC. However, when ASCE 7-05 was adopted by reference for IBC 2006, these requirements
were omitted. In addition, ASCE 7-05 defines (dx in Section 12.8.6 to refer to the deflection of Level x at the center of mass. The actual displacement that needs to be used for building
separation is the displacement at critical locations with consideration of both the translational and torsional displacements. These values can be significantly different. This code
change fills the gap of this inadvertent oversight in establishing minimum separation distance between adjoining buildings which are not structurally connected. The purpose of seismic
separation is to permit adjoining buildings, or parts thereof, to respond to earthquake ground motion independently and thus preclude possible structural and non-structural damage caused
by pounding between buildings or other structures. References: 127
4 1. IBC 2000 Section 1620.3.6, Building Separations; IBC 2003 Sections 1620.4.5, Building Separations. 2. “Recommended Lateral Force Requirements and Commentary, -Section C108.2.11,
Building Separations,” Structural Engineers Association of California, Sacramento, CA, 1999 Edition. 3. CBC 2002 (UBC 1997) Section 1630.9.2, Determination of ?M; Section 1630.10.1,
General; and Section 1633.2.11, Building Separations. NOTE: These references and the documents referenced in the findings for subsections 1614.1.1 and 1614.1.3 are on file with the City
of Saratoga’s Building Department. 1704.4 Amends an exception to special inspections for concrete construction. The provision in the 2007 CA Building Code that inspections are not necessary
for concrete construction fully supported on earth or rock is amended to specify that the structural design of the footing must be based on a specific compressive strength no greater
than 2500 psi. This is necessary because of the City of Saratoga’s adjacency to active earthquake faults capable of producing substantial seismic events. 1908.1 1908.1.17 1908.1 simply
notes that 1908.1.17 now modifies the text. 1908.1.17 is added modifies the equations for concrete used in structures. No findings are necessary for 1908.1 since it simply notes the
addition of 1908.1.17. The following findings are provided for 1908.1.17: Section 14.8 was introduced in ACI 318-99 based on requirements of the Uniform Building Code and experimental
research and on the basis that design of slender wall must satisfy both strength and serviceability requirements. ACI 318-05 provision was found to grossly under-estimate service load
deflection. This update reduces the differences in serviceability provisions. The revision will essentially replace equations (14-8) and (14-9) with two new equations to reflect the
UBC procedure for service load out-of-plane deflection. The proposed revision will be included in ACI 318-08. NOTE: The documents referenced in these findings are on file with the City
of Saratoga’s Building Department. 1910A.1 The 2007 CA Building Code has been changed to retain the more stringent provisions of the 2001 Saratoga Code’s provisions for the reinforcement
of concrete slabs. It is necessary to strengthen the standards for the reinforcement of concrete slabs in the 2007 CA Building Code because of the City of Saratoga’s adjacency to active
earthquake faults capable of producing substantial seismic events. This provision is identical to the provisions of the 2001 Saratoga Building Code so no new findings are necessary.
2308.9.3 2308.9.3 is modified to change Survey of structural failures after the Loma Prieta 128
5 Table 2308.12.4 the provisions for braced wall lines. Table 2308.12.4 is modified to disallow the use of gypsum board, lath and plaster, Portland cement plaster, and gypsum sheathing
boards. earthquake of 1989 showed the gypsum board, plaster and stucco finishes used for lateral force resistance preformed poorly or failed completely. Further, once used to resist
lateral forces, it is nearly impossible without completely replacing the material to achieve the initial design load resistance in these materials. To minimize the potential for increased
fire-life safety problems associated with such seismic failures, this proposed modification increases the minimum acceptable shear resisting elements to be used for lateral designs and
conventionally braced structures. Further, this continues a trend in and amongst local Bay Area jurisdictions that has been historically supported by the engineering community. 2505.1
Subsection 2505.1 concerning the use of gypsum board and plaster is deleted. Survey of structural failures after the Loma Prieta earthquake of 1989 showed the gypsum board, plaster and
stucco finishes used for lateral force resistance preformed poorly or failed completely. Further, once used to resist lateral forces, it is nearly impossible without completely replacing
the material to achieve the initial design load resistance in these materials. To minimize the potential for increased fire-life safety problems associated with such seismic failures,
this proposed modification increases the minimum acceptable shear resisting elements to be used for lateral designs and conventionally braced structures. Further, this continues a trend
in and amongst local Bay Area jurisdictions that has been historically supported by the engineering community. 129
6 FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2007 CALIFORNIA FIRE CODE TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF SARATOGA The following findings
are for those amendments that are new or changed from those currently adopted by the City of Saratoga and which affect a building standard as defined in Health and Safety Code Section
18909 and Sections 101.6 and 101.8 of the 2007 California Fire Code. (The section numbers identified are from the 2007 California Fire Code.) The findings for amendments made by the
City of Saratoga during adoption of the 2001 Building Standards Code are attached to this Exhibit and readopted. The amendments proposed for the City Saratoga to the 2007 California
Fire Code are those developed by the Santa Clara County Fire Marshals and endorsed by the Santa Clara County Fire Chiefs Association. The following additions and deletions to the 2007
California Fire Code are hereby determined to be reasonably necessary based on the circumstances described below: 605.11 -Immersion Heaters 608.6.3 -Failure of Ventilation System 903.2
-Where Fire Sprinklers Are Required 903.2 -Deletion of Exception #1 903.3 – Fire Sprinkler Installation requirements 1404.8 -Fire Walls 1411.1 -Stairways Required 1802 -Amended definition
of Continuous Gas Detection System 1907.6 -Fire Protection Water Supply System 1908.11 -Fire Protection Water Supply System 2703.9.10 -Fire Extinguishing Systems for Workstations Dispensing,
Handling or Using Hazardous Materials 3404.2.7.5.8 -Overfill Prevention 3404.2.7.5.9 -Automatic Filling of Tanks These changes are reasonably necessary because of the following local
climatic, geological, or topographical conditions Climatic/Topographical 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. Additionally, the remoteness and 130
7 steepness of hillside areas in the City along with long, narrow roadways significantly impacts the ability of emergency responders to extinguish or control wildland or structure fires.
Therefore, in order to minimize the risks to persons and property 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. Geological
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 significantly
impact the ability of fire crews to respond to emergencies should one or more roadways be blocked or 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. 131
8 FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2007 CALIFORNIA MECHANICAL CODE TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF SARATOGA No findings are
necessary because the 2007 California Mechanical Code is being adopted without modification. 132
9 FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2007 CALIFORNIA ELECTRICAL CODE TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF SARATOGA No findings are
necessary because the 2007 California Electrical Code is being adopted without modification. 133
10 FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2007 CALIFORNIA PLUMBING CODE TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF SARATOGA No findings are necessary
because
the 2007 California Plumbing Code is being adopted without modification. 134
11 FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE 2007 CALIFORNIA BUILDING CODE MADE IN ARTICLE 16-16 (“REPAIR AND RECONSTRUCTION”) OF THE CITY CODE OF THE CITYOF SARATOGA
Addition of a definition of “Substantial Structural Damage” to Section 3402.1 of the 2007 CA Building Code and addition of a new Subsection 3403.5 to Section 3403 of the 2007 CA Building
Code The City of Saratoga is adjacent to active earthquake faults capable of producing substantial seismic events. The city 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. The landscape of Saratoga also includes
steep slopes susceptible to erosion, especially during the rainy season. It is predictable given these geographical, climatic and topographical conditions that damage will occur to structures
in the city on a regular basis. These damaged structures will often need to be repaired or rebuilt. Currently, Title 24 does not provide for damaged structures to be repaired or reconstructed
to a structurally safe level, accounting for upgrades in wind and seismic standards. The inability to repair structures based upon the most recent industry knowledge, and thus to prevent
or mitigate future damage or injury, is not in the best interest of the citizens of the City of Saratoga. The following additions to the CA Building Code have been drafted with this
in mind. These additions will ensure building owners in the City of Saratoga repair their structures to reasonably safe levels based upon current industry standards and prevent future
losses. 135
FINDINGS MADE IN 2002 REGARDING AMENDMENTS TO THE 2001 CALIFORNIA BUILDING CODE /1 136
2 137
3 138
FINDINGS MADE IN 2002 REGARDING AMENDMENTS TO THE 2001 CALIFORNIA FIRE CODE 4 139
5 140
6 141
7 142
8 143
9 144
10 145
11 146
12 147
//13 148
1 ORDINANCE NO. __________ AN ORDINANCE ADOPTING THE 2007 CALIFORNIA BUILDING, FIRE, PLUMBING, ELECTRICAL, AND MECHANICAL CODES WITH MODIFICATIONS FOR LOCAL CONDITIONS, A REPAIR AND
RECONSTRUCTION CODE AND AN EXCAVATION AND GRADING 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 2007 California Building Code (an amended version of the 2006 edition of the International Building Code as compiled and published by the International
Code Council) hereinafter referred to as the “Building Code”; the 2007 California Fire Code (an amended version of the 2006 International Fire Code as compiled and published by the International
Code Council) hereinafter referred to as the “Fire Code”; the 2007 California Plumbing Code (an amended version of the 2006 Uniform Plumbing Code as compiled and published by the International
Association of Plumbing and Mechanical Officials) hereinafter referred to as the “Plumbing Code”; the 2007 California Mechanical Code (an amended version of the 2006 Uniform Mechanical
Code as published by the International Association of Plumbing and Mechanical Officials) hereinafter referred to as the “Mechanical Code”; the 2007 California Electrical Code (an amended
version of the 2005 National Electrical Code as compiled and published by the National Fire Protection Association) hereinafter referred to as the “Electrical Code.” These Codes are
hereinafter referred to collectively as the “Building Codes.” B. On February 20, 2008, pursuant to California Government Code Section 50022.3, the City Council of Saratoga conducted
a first reading of the title of the ordinance adopting the Building Codes, and of the ordinance to be adopted thereby, and scheduled a public hearing on the adoption of the Building
Codes to be held March 19, 2008. C. On February 21, 2008, pursuant to California Government Code Section 50022.6, at least one copy of the Building Codes, certified as true true copies
by the legislative clerk, were filed with the legislative clerk for public inspection. D. On March 5 and March 12, 2008, pursuant to California Government Code 149
2 Sections 50022.3 and 6066, a notice was published in a newspaper of general circulation stating the time and place of the March 19, 2008 public hearing and including a description
the legislative body deemed sufficient to give notice of the purpose and subject matter of said ordinance. The notice informed the public that copies of the primary codes considered
for adoption were on file with the clerk of the legislative body and open for public inspection. E. On March 19, 2008, pursuant to California Government Code Section 50022.4, a public
hearing was held. Following public testimony and consideration of the staff report, testimony, and materials submitted prior to and at the hearing, the City Council of Saratoga found
adoption of the Building Codes, with certain amendments, was in the public interest. Except as to the additions, deletions and amendments hereinafter noted, the Building Codes are hereby
adopted and made a part hereof, the same as if fully set forth in this Article, and shall be the Building Regulations of the City. F. Additions, deletions, and amendments identical to
those adopted in the City of Saratoga’s 2001 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 Code were reasonably necessary were filed upon the adoption of the City of Saratoga’s 2001
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. G. The
new additions, deletions, and amendments hereinafter noted 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 Code are reasonably necessary 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. H. 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 Code shall be available for public purchase in the office of the City
Clerk in accordance with Government Code Section 50022.6. I. The California Building Standards Code (California Code of Regulations, Title 24) does not provide for damaged structures
to be repaired or reconstructed to a structurally safe level, accounting for upgrades in wind and seismic standards. The ability to repair structures based upon the most recent industry
knowledge is necessary to prevent or mitigate unnecessary future damage or injury. Therefore 150
3 the City Council of Saratoga deems it reasonably necessary to adopt new modifications to the 2007 California Building Code. These provisions shall hereinafter be referred to as the
“Repair and Reconstruction Code.” J. The City of Saratoga’s dense population is located in an area of high seismic activity and steep slopes susceptible to erosion. 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, particularly on steep slopes. The provisions
of the Building Codes pertaining to excavation and grading, including the provisions in Appendix J of the 2007 CA Building Code, provide only general direction and are insufficient to
ensure public safety given these unique climatic, geological and topographical features. Therefore the City Council of Saratoga deems it reasonably necessary to retain the provisions
of appendix Chapter 33 only of the 2001 California Building Code (1997 Uniform Building Code Vols. I, II, and III as compiled and published by the International Conference of Building
Officials and amended by the State of California) with additions, deletions, and amendments identical to those adopted in the City of Saratoga’s 2001 Building Regulations. These provisions
shall hereinafter be referred to as the “Excavation and Grading Code.” 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 16-16 of the Saratoga City Code concerning the Repair and Reconstruction Code is hereby adopted as attached
in Appendix A. Article 16-17 of the Saratoga City Code concerning the Excavation and Grading Code is hereby adopted as 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 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. 151
4 Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under 14 California Code of Regulations (“CEQA
Guidelines”) section 15308 (the amendments are exempt because they assure maintenance, restoration, enhancement, or protection of the environment) and 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
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, subsection, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the
City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 5. Publication. This ordinance or a comprehensive summary thereof
shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular
meeting of the City Council of the City of Saratoga held on the 20h day of February 2008, and was adopted by the following vote following a second reading on the 19th day of March, 2008:
COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: 152
5 ____________________________________ Ann Waltonsmith MAYOR OF THE CITY OF SARATOGA Saratoga, California ATTEST: ____________________________________ Cathleen Boyer CLERK OF THE CITY
OF SARATOGA Saratoga, California APPROVED AS TO FORM: ____________________________________ RICHARD TAYLOR, CITY ATTORNEY 153
APPENDIX A Article 16-15 BUILDING CODE 16-15.010 Adoption of 2007 California Building Code. The 2007 California Building Code (2006 edition of the International Building Code as compiled
and published by the International Code Council and amended by the State of California), including appendix Chapter 1 only, referred to throughout this Chapter as the “Building Code,”
is hereby referred to and, except as to additions, deletions and amendments hereinafter noted, 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. However, in accordance with California Government Code Section 50222.4, no penalty clauses are adopted by reference. 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. In accordance with California Government Code Section 50022.6, at least one true copy of the Building Code has been on file with the City Clerk since fifteen (15) 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. 16-15.020 Additions, deletions
and amendments. 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. 16-15.025 Retention of
Plans. Subsection 108.4.3.1 of the Building Code is amended to read as follows: 108.4.3.1. Retention of Plans. One set of reviewed plans and specifications shall be returned to the applicant
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. 1 154
16-15.030 Expiration of Permits. Subsection 108.4.1.1 of the Building Code is added to read as follows: 108.4.1.1 Expiration of Permits. (a) Every permit issued by the building official
under the provisions of the Uniform 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 109 of Appendix Chapter 1 of the Uniform Building Code within any period
of 180 consecutive days after the work 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 reinspection, 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 as follows. 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 (2) above has not exceeded one year. The fee for issuance of 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. 2 155
(2) New Permit. A new permit may be issued following expiration of a building permit as follows. Application 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 the 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. (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 Uniform Code for the Abatement of Dangerous
Buildings; or (2) Proceeding under the following alternative method of enforcement where a building, structure, or other work authorized by a building permit 3 156
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 Subsection 108.4.2 of the Building Code is amended to
read as follows: 108.4.2 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 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 106.1 of Appendix
Chapter 1, 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 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. See CBC 107.4 “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 4 157
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 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. 16-15.050 Definition of Light-Frame
Construction. The definition of light frame construction in Section 202 of the Building Code is amended to read as follows: LIGHT-FRAME CONSTRUCTION. A type of construction whose vertical
and horizontal structural elements are primarily formed by a system of repetitive wood or light gage steel framing members, and which does not use structural concrete as a floor or roof
diaphragm. 16-15.060 General Building Heights and Areas. Subsection 501.2 of the Building Code is amended to read as follows: 501.2 Address Numbers. Existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic numbers or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of
0.5 inch (12.7 mm). Address numbers shall be illuminated in all new buildings. The Building Official may grant exceptions to this requirement due to location, surroundings or topography
as appropriate. 16-15.070 Fire Protection Systems Modifications made in Section 16-20.100 of the Saratoga Municipal Code also apply to and amend Chapter 9 (“Fire Protection Systems”)
of the Building Code. 5 158
16-15.080 Roof Covering Subsection 1506.1.1 of the Building Code is added to read as follows: 1506.1.1 Roof Covering. Roofs shall be as specified in this code and as otherwise required
by this chapter. The foregoing provisions notwithstanding, roof coverings on all buildings and structures hereafter erected or constructed in the City, shall be fire-retardant, and shall
comply with the standards established for Class A roofing. All replacement roofs for existing buildings and structures shall comply with this requirement, except that a replacement of
less than 10 percent of the total roof area shall be exempt. 16-15.085 Structural Design Section 1614 is added to the Building Code to read as follows: Section 1614 Modification to ASCE
7 (a) 1614.1 General. The text of ASCE 7 shall be modified as indicated in this Section. (b) 1614.1.1 Modify ASCE 7 Section 12.8.1.1 by amending Equation 12.8-5 as follows: Cs = 0.044
SDSI = 0.01 (Equation 12.8-5) (c) 1614.1.2 Replace ASCE 7 Section 12.12.3 as follows: 12.12.3 Minimum Building Separation. All structures shall be separated from adjoining structures.
Separations shall allow for the maximum inelastic response displacement (?M). ?M shall be determined at critical locations with consideration for both translational and torsional displacements
of the structure as follows: ?M = Cddmax (Equation 16-45) 6 159
Where dmax is the calculated maximum displacement at Level x as defined in ASCE 7 Section 12.8.4.3. Adjacent buildings on the same property shall be separated by at least a distance
?MT, where 2 ?MT = (?M1) +(?M2)2 (Equation 16-46) And ?M1 and ?M2 are the maximum inelastic response displacements of the adjacent buildings. Where a structure adjoins a property line
not common to a public way, the structure shall also be set back from the property line by at least the displacement, ?M of that structure. Exception: Smaller separations or property
line setbacks shall be permitted when justified by rational analysis. 16-15.086 Structural Tests and Special Inspections Exception 1 in Subsection 1704.4 of the Building Code is amended
to read as follows: 1. Isolated spread concrete footings of buildings three stories or less in height that are fully supported on earth or rock where the structural design of the footing
is based on a specific compressive strength no greater than 2500 psi. 16-15.087 Concrete (a) Subsection 1908.1 of the Building Code is amended to read as follows: 1908.1 General. The
text of ACI 318 shall be modified as indicated in Sections 1908.1.1 through 1908.1.17. (b) Subsection 1908.1.17 of the Building Code is added to read as follows: 1908.1.17 Modify ACI
318 Section 14.8.3 and 14.8.4 by replacing equations (14-7), (14-8) and (14-9). 1. Modify equation (14-7) of ACI 318 Section 14.8.3 as follows: 7 160
Icr shall be calculated by Equation (14-7), and Ma shall be obtained by iteration of deflections. ( ) 3 2 2 3 s u cr s c y I E A P h d c l E f d ? ? = ? + ? - + ? ? wc (14-7) and the
value Es/Ec shall not be taken less than 6. 2. Modify ACI 318 Section 14.8.4 as follows: 14.8.4 – Maximum out-of-plane deflection, s ? , due to service loads, including P? effects, shall
not exceed Ic/150 If Ma, maximum moment at mid-height of wall due to service lateral and eccentric loads, including P? effects, exceed (2/3)Mcr, s ? shall be calculated by Equation (14-8):
2 2 33 2 3 3 a cr 2 s cr n cr n cr M M M M ? = ? + - ??? - ? - ? ??? (14-8) If Ma does not exceed (2/3)Mcr, s ? shall be calculated by Equation (14-9): a s cr cr MM ? ? ? =? ?? ? ? (14-9)
where: 5 2 48 cr c cr c g M l E I ? = 5 2 48 n c n c cr M l E I ? = 16-15.090 Concrete Slabs. Subsection 1910.1 of the Building Code is amended to read as follows: 8 161
1910.1 General. The thickness of concrete slabs supported directly on the ground shall not be less than 3 1/2 inches (89 mm). The slab shall be reinforced with not less than six inches
ten-gauge wire mesh or an approved alternate installed at mid height of the slab. A 6-mil (.006 inch; .15 mm) polyethylene vapor retarder with joints lapped not less than 6 inches (152
mm) shall be placed between the base course or subgrade and the concrete floor slab, or other approved equivalent methods or materials shall be used to retard vapor transmission through
the floor slab. Exception: A vapor retarder is not required: 1. For detached structures accessory to occupancies in Group R-3, such as garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5 m²) and carports attached to occupancies in Group R-3. 3. For buildings of other occupancies where migration
of moisture through the slab from below will not be detrimental to the intended occupancy of the building. 4. For driveways, walks, patios and other flatwork which will not be enclosed
at a later date. 5. Where approved based on local site conditions. 16-15.095 Conventional Light-Frame Construction. (a) Subsection 2308.9.3 of the Building Code is amended to read as
follows: 2308.9.3 Bracing. Braced wall lines shall consist of braced wall panels, which meet the requirements for location, type and amount of bracing as shown in Figure 2308.9.3, specified
in Table 2308.9.3(1) and are in line or offset from each other by not more than 4 feet (1219 mm). Braced wall panels shall start not more than 12.5 feet (3810 mm) from each end of a
braced wall line. Braced wall panels shall be clearly indicated on the plans. Construction of braced wall panels shall be by one of the following methods: 1. Wood boards of 5/8-inch
(16 mm) net minimum thickness applied diagonally on studs spaced not over 24 inches (610 mm) on center.
9 162
2. Wood structural panel sheathing with a thickness not less than 5/16-inch (7.9 mm) for 16-inch (406 mm) stud spacing and not less than 3/8-inch (9.5 mm) for 24-inch (610 mm) stud spacing
in accordance with Tables 2308.9.3(2) and 2308.9.3(3). 3. Fiberboard sheathing 4-foot by 8-foot (1219 mm by 2438 mm) panels not less than ½-inch (13 mm) thick applied vertically on studs
spaced not over 16-inches (406 mm) on center when installed in accordance with Section 2306.4.4 and Table 2306.4.4. 4. Particleboard wall sheathing panels where installed in accordance
with 2308.9.3(4). 5. Hardboard panel siding when installed in accordance with Section 2303.1.6 and Table 2309.9.3(5). For cripple wall bracing see Section 2308.9.4. For methods 1, 2,
3, 4, and 5, each braced wall panel must be at least 48-inches (1219 mm) in length, covering three stud spaces where studs are 16-inches (406 mm) apart and covering two stud spaces where
studs are spaced 24-inches (610 mm) apart. All vertical joints of panel sheathing shall occur over studs. Horizontal joints shall occur over blocking equal in size to the studding except
where waived by the instillation requirements for the specific sheathing materials. Braced wall panel sole plates shall be nailed to the floor framing and top plates shall be connected
to the framing above in accordance with Table 2304.9.1. Sills shall be bolted to the foundation or slab in accordance with Section 1805.6. Where joists are perpendicular to braced wall
lines above, blocking shall be provided under and n line with the braced wall panels. (b) Table 2308.12.4 of the Building Code is amended as follows: In footnotes “b” and “c” of Table
2308.12.4 all references to “gypsum board,” “lath and plaster.” “Portland cement plaster” and “gypsum sheathing boards” are deleted. 16-15.100 Gypsum Board and Plaster Subsection 2505.1
of the Building Code is deleted. 10 163
Article 16-16 REPAIR AND RECONSTRUCTION 16-16.010 Repair and Reconstruction of Damaged Structures This Article establishes amendments to the Building Code for the expeditious repair
of damaged structures. In the event an amendment to the California Building Standards Code results in differences between these building standards and the California Building Standards
Code, the text of these building standards shall govern. 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. 16-16.020 Definitions For the purposes of this Chapter, the following definition applies and is
hereby added to Section 3402.1 Definitions of the Building Code: Substantial Structural Damage. A A condition where: 1. In any story, the vertical elements of the lateral-force-resisting
system, have suffered damage such that the lateral load-carrying capacity of the structure in any direction has been reduced by more than 20 percent from its pre-damaged condition, or
2. The capacity of any vertical gravity load-carrying component, or any group of such components, that supports more than 30 percent of the total area of the structure’s floor(s) and
roof(s) has been reduced more than 20 percent from its pre-damaged condition, and the remaining capacity of such affected elements with respect to all dead and live loads is less than
75 percent of that required by the building code for new buildings of similar structure, purpose, and location. 16-16.030 Repairs For the purposes of this chapter, the following repair
requirements are hereby added as a new Subsection 3403.5 to Section 3403 Additions, Alterations or Repair in the 2007 California Building Code (CBC): 3403.5.1 Repairs. Repairs of structural
elements shall comply with this section. 11 164
3403.5.1.1 Seismic evaluation and design. Seismic evaluation and design of an existing building and its components shall be based on the following criteria. 3403.5.1.1.1 Evaluation and
design procedures. The seismic evaluation and design shall be based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing Buildings (for evaluation
only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The procedures contained in Appendix A of the International Existing Building Code shall be permitted to be used as specified
in Section 3403.5.1.1.3. 3403.5.1.1.2 CBC level seismic forces. When seismic forces are required to meet the building code level, they shall be one of the following: 1. 100 percent of
the values in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R factor specified for structural systems classified as
“Ordinary” unless it can be demonstrated that the structural system satisfies the proportioning and detailing requirements for systems classified as “Intermediate” or “Special.” 2. Forces
corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in ASCE 41. Where ASCE 41 is used, the corresponding performance levels shall be those shown in Table 3403.5.1.1.2.
TABLE 3403.5.1.1.2 ASCE 41 and ASCE 31 PERFORMANCE LEVELS OCCUPANCY CATEGORY (BASED ON IBC TABLE 1604.5) PERFORMANCE LEVEL FOR USE WITH ASCE 31 AND WITH ASCE 41 BSE-1 EARTHQUAKE HAZARD
LEVEL PERFORMANCE LEVEL FOR USE WITH ASCE 41 BSE-2 EARTHQUAKE HAZARD LEVEL I Life Safety (LS) Collapse Prevention (CP) II Life Safety (LS) Collapse Prevention (CP) 12 165
III Note (a) Note (a) IV Immediate Occupancy (IO) Life Safety (LS) a. Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified
for Occupancy Category II and Occupancy Category IV. 3403.5.1.1.3 Reduced CBC level seismic forces. When seismic forces are permitted to meet reduced building code levels, they shall
be one of the following: 1. 75 percent of the forces prescribed in the building code. The R factor used for analysis in accordance with Chapter 16 of the building code shall be the R
factor as specified in Section 3403.5.1.1.2. 2. In accordance with the applicable chapters in Appendix A of the International Existing Building Code as specified in Items 2.1 through
2.5 below. Structures or portions of structures that comply with the requirements of the applicable chapter in Appendix A shall be deemed to comply with the requirements for reduced
building code force levels. 2.1. The seismic evaluation and design of unreinforced masonry bearing wall buildings in Occupancy Category I or II are permitted to be based on the procedures
specified in Appendix Chapter A1. 2.2. Seismic evaluation and design of the wall anchorage system in reinforced concrete and reinforced masonry wall buildings with flexible diaphragms
in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A2. 2.3. Seismic evaluation and design of cripple walls and sill plate anchorage
in residential buildings of light-frame wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter A3. 2.4. Seismic evaluation
and design of soft, weak, or open-13 166
front wall conditions in multiunit residential buildings of wood construction in Occupancy Category I or II are permitted to be based on the procedures specified in Appendix Chapter
A4. 2.5. Seismic evaluation and design of concrete buildings and concrete with masonry infill buildings in all Occupancy Categories are permitted to be based on the procedures specified
in Appendix Chapter A5. 3. In accordance with ASCE 31 based on the applicable performance level as shown in Table 3403.5.1.1.2. 4. Those associated with the BSE-1 Earthquake Hazard Level
defined in ASCE 41 and the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is used, the design spectral response acceleration parameters Sxs and Sx1 shall not be taken
less than 75 percent of the respective design spectral response acceleration parameters SDS and SD1 defined by the International Building Code and its reference standards. 3403.5.1.2
Wind Design. Wind design of existing buildings shall be based on the procedures specified in the building code. 3403.5.2 Repairs to damaged buildings. Repairs to damaged buildings shall
comply with this section. 3403.5.2.1 Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions shall be eliminated. 3403.5.2.2 Substantial structural damage
to vertical elements of the lateral–force-resisting system. A building that has sustained substantial structural damage to the vertical elements of its lateral-force-resisting system
shall be evaluated and repaired in accordance with the applicable provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3. 3403.5.2.2.1 Evaluation. The building shall be evaluated by
a registered design professional, and the evaluation findings shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its
pre-damage state, would comply with the provisions of the building code. Wind forces for this evaluation shall be those prescribed in the building code. Seismic forces for this evaluation
are permitted to be the reduced 14 167
level seismic forces specified in Code Section 3403.5.1.1.3. 3403.5.2.2.2 Extent of repair for compliant buildings. If the evaluation establishes compliance of the pre-damage building
in accordance with Section 3403.5.2.2.1, then repairs shall be permitted that restore the building to its pre-damage state, using materials and strengths that existed prior to the damage.
3403.5.2.2.3 Extent of repair for non-compliant buildings. If the evaluation does not establish compliance of the pre-damage building in accordance with Section 3403.5.2.2.1, then the
building shall be rehabilitated to comply with applicable provisions of the building code for load combinations including wind or seismic forces. The wind design level for the repair
shall be as required by the building code in effect at the time of original construction unless the damage was caused by wind, in which case the design level shall be as required by
the code in effect at the time of original construction or as required by the building code, whichever is greater. Seismic forces for this rehabilitation design shall be those required
for the design of the predamaged building, but not less than the reduced level seismic forces specified in Section 3403.5.1.1.3. New structural members and connections required by this
rehabilitation design shall comply with the detailing provisions of the building code for new buildings of similar structure, purpose, and location. 3403.5.2.3 Substantial structural
damage to vertical load-carrying components. Vertical load-carrying components that have sustained substantial structural damage shall be rehabilitated to comply with the applicable
provisions for dead and live loads in the building code. Undamaged vertical load-carrying components that receive dead or live loads from rehabilitated components shall also be rehabilitated
to carry the design loads of the rehabilitation design. New structural members and connections required by this rehabilitation design shall comply with the detailing provisions of the
building code for new buildings of similar structure, purpose, and location. 3403.5.2.3.1 Lateral force-resisting elements. Regardless of the level of damage to vertical elements of
the lateral force-resisting system, if substantial structural damage to vertical load-carrying components was caused primarily by wind or seismic effects, then the building shall be
evaluated in accordance with Section 3403.5.2.2.1 and, if non-compliant, rehabilitated in accordance with Section 3403.5.2.2.3. 15 168
3403.5.2.4 Less than substantial structural damage. For damage less than substantial structural damage, repairs shall be allowed that restore the building to its pre-damage state, using
materials and strengths that existed prior to the damage. New structural members and connections used for this repair shall comply with the detailing provisions of the building code
for new buildings of similar structure, purpose, and location. 3403.5.3 Referenced Standards Standard Referenced Reference In Code Number Title Section Number ASCE 31-03 Seismic Evaluation
of Existing Buildings 3403.5.1.1.1, TABLE 3403.5.1.1.2, 3403.5.1.1.3 ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1, 3403.5.1.1.2, TABLE 3403.5.1.1.2, 3403.5.1.1.3
16 169
Article 16-17 EXCAVATION AND GRADING 16-17.010 Purpose. The purpose of this Article is to safeguard life, limb, property and the public welfare by regulating grading on private property.
16-17.020 Scope. (a) This Article sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative
procedure for issuance of permits; and provides for approval of plans and inspection of grading construction. (b) The standards listed below are recognized standards (see Chapter 35
of the 2007 California Building Code (2006 edition of the International Building Code as compiled and published by the International Code Council and amended by the State of California)).
1. Testing. a. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate Mixtures b. ASTM D 1556, In Place Density of Soils by Sand-Cone Method c. D 2167, In Place Density
of Soils by the Rubber-Balloon Method d. ASTM D 2937, In Place of Density of Soils by the Drive-Cylinder Method e. ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils
by Nuclear Methods 16-17.030 Permits Required (a) Permits Required. Except as specified in part (b), no person shall do any grading without first having obtained a grading permit from
the building official. 17 170
(b) Exempted Work. A grading permit is not required for the following: 1. When approved by the building official, grading in an isolated, self-contained area if there is no danger to
private or public property. 2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This
shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such
structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, excavating, processing
or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses
in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction direction of soil engineers or engineering geologists. 8. An excavation that (1)
is less than 2 feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1½ units horizontal (66.7% slope).
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in
depth, not intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and does not obstruct a drainage course. (c) Exemption from the permit requirements
of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this
jurisdiction. 16-17.040 Hazards Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb,
or 18 171
endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or
other person or agent in control of said property, upon receipt of notice in writing from the building official, shall within the period specified therein repair or eliminate such excavation
or embankment to eliminate the hazard and to be in conformance with the requirements of this code. 16-17.050 Definitions For the purposes of this Article, the definitions listed hereunder
shall be construed as specified in this section. “Approval” shall mean that the proposed work or completed work conforms to this chapter in the opinion of the building official. “As-Graded”
is the extent of surface conditions on completion of grading. “Bedrock” is in-place solid rock. “Bench” is the relatively level step excavated into earth material on which fill is to
be placed. “Borrow” is earth material acquired from an off-site location for use in grading on a site. “Civil Engineer” is a professional engineer registered in the state to practice
in the field of civil works. “Civil Engineering” is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation,
design and construction of civil works. “Compaction” is the densification of fill by mechanical means. “Earth Material” is any rock, natural soil or fill or any combination thereof.
“Engineering Geologist” is a geologist experienced and knowledgeable in engineering geology. “Engineering Geology” is the application of geological knowledge and principles in the investigation
and evaluation of naturally occurring rock and soil for use in the design of civil works. 19 172
“Erosion” is the wearing away of the ground surfaced as a result of the movement of wind, water or ice. “Excavation” is the mechanical removal of earth material. “Fill” is a deposit
of earth material placed by artificial means. “Geotechnical Engineer.” See “soils engineer.” “Grade” is the vertical location of ground surface. “Existing Grade” is the grade prior to
grading. “Finish Grade” is the final grade of the site that conforms to the approved plan. “Rough Grade” is the stage at which the grade approximately conforms to the approved plans.
“Grading” is any excavating or filling or combination thereof. “Key” is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
“Professional Excavation” is the inspection required by this code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed
by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. “Site” is any lot or parcel of land or contiguous
combination thereof, under the same ownership, where grading is performed or permitted. “Slope” is an inclined ground surface the inclination of which is expressed as a ratio of horizontal
distance to vertical distance. “Soil” is naturally occurring superficial deposits overlying bedrock. “Soils Engineer (Geotechnical Engineer)” is an engineer experienced and knowledgeable
in the practice of soils engineering (geotechnical) engineering. “Terrace” is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
20 173
16-17.060 Grading Permit Requirements (a) Permits Required. Except as exempted in Section 16-17.040 of this code, no person shall do any grading without first obtaining a grading permit
from the building official. A separate permit shall be obtained for each site, and may cover both excavations and fills. 1. Notwithstanding any provision of the Building Code to the
contrary, a grading permit shall be required for any increase or decrease in the elevation of any portion of a lot by more than one foot, except for changes in elevation for the construction
or installation of any building foundation, basement, pool or other structure for which a building permit has been issued by the City and the excavated material is removed from the site.
(b) Application. The provisions of Section 105.3 of Appendix Chapter 1 of the 2007 California Building Code (2006 edition of the International Building Code as compiled and published
by the International Code Council and amended by the State of California) are applicable to grading. Additionally, the application shall state the estimated quantities of work involved.
(c) Grading Designation. All grading in excess of 1,000 cubic yards shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated
as “engineered grading.” Grading involving less than 1,000 cubic yards shall be designated as “regular grading” unless the permittee, with the approval of the building official, chooses
to have the grading performed as “engineered grading.” (d) Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications,
and supporting data consisting of a soils engineering report and engineering geology report. The plans and specifications shall be prepared and signed by an individual licensed by the
state to prepare such plans or specifications when required by the building official. 1. Specifications shall contain information covering construction and material requirements. 2.
Plans Plans shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that
they will conform to the provisions of this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give location of the work, the name
and address of the owner, and the person by whom they were prepared. 21 174
3. The plans shall include the following information: a. General vicinity of the proposed site. b. Property limits and accurate contours of existing ground and details of terrain and
area drainage. c. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. d. Detailed plans of all
surface and subsurface drainage devices, walls, cribbing, dams or other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the
drainage area and estimated runoff of the area served by any drains. e. Location of any buildings or structures on the property where the work is to be performed and the location of
any buildings or structures on land of adjacent owners that are within 15 feet (4572 mm) of the property or that may be affected by the proposed grading operations. f. Recommendations
included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific
recommendations contained in the soils engineering report and the engineering geology report, which are applicable to grading, may be included by reference. g. The dates of the soils
engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports. h. Location of any buildings or
structures and trees over twelve inches in diameter, as measured twenty-four inches from natural grade, on the property where the work is to be performed and the location of any building
or structures on lands of adjacent owners which are within the minimum setback of the adjacent property, as specified in the City's zoning regulations, or which may be affected by the
proposed grading operations. Specifications shall contain information covering construction and material requirements. i. Estimate of the quantity of excavation or fill involved and
estimated commencement and completion dates. 22 175
j. Indication of the area of vegetation to be removed. (e) Soils Engineering Report. The soils engineering report required by part (d) shall include data regarding the nature, distribution
and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and opinion
on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes. (f) Engineering Geology
Report. The engineering geology report required by part (d) shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of
geological conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geological factors.
(g) Liquefaction Study. The building official may require a geotechnical investigation in accordance with Section 1802.4 when, during the course of an investigation, all of the following
conditions are discovered, the report shall address the potential for liquefaction: 1. Shallow ground water, 50 feet (15 240 mm) or less. 2. Unconsolidated sandy alluvium. 3. Seismic
Design Categories E and F. (h) Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent
of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information:
1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location
of any buildings or structures within 15 feet (4572 mm) of the proposed grading. (i) Issuance. The provisions of Section 105.3 of Appendix Chapter 1 are applicable to grading permits.
The building official may require that grading 23 176
operations and project designs be modified if delays occur which incur weathergenerated problems not considered at the time the permit was issued. The building official may require professional
inspection and testing by the soils engineer. When the building official has cause to believe that geological factors may be involved, the grading will be required to conform to the
engineered grading. 16-17.070 Grading Fees (a) General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted
by the jurisdiction. (b) Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the total combined volume of the excavation and fill, whichever is greater.
Before accepting a set of plans and specifications for checking, the building official shall collect a plan checking fee in an amount as established from time to time by resolution of
the City Council. Separate permits and fees shall apply to retaining walls or major drainage drainage structures, as indicated elsewhere in this Code. There shall be no separate charge
for standard terrace drains and similar facilities. The plan checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between
the fee paid for the original permit and the fee shown for the entire project. (c) Grading Permit Fees. A fee for each grading permit shall be paid to the building official, in such
amount as established from time to time by resolution of the City Council. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference
between the fee paid for the original permit and the fee shown for the entire project. (d) Special Fees. The building official may engage the services of geologists, engineering geologists,
soils engineers, foresters, and landscape architects as he determines to be necessary to review grading plans and activities. The cost of such services shall be charged to and paid by
the applicant. 16-17.080 Bonds Grading Bonds. Every permittee shall be required to post a cash or surety bond with the City in an amount sufficient to cover the cost of the grading project,
including corrective work necessary to eliminate any hazardous conditions, to ensure that the work will be completed strictly in accord with the approved plans 24 177
and specifications. Each bond shall ensure that the permittee shall comply with all the provisions of this Code and all other applicable laws and ordinances,
that he will comply with all the terms and conditions of the permit to the satisfaction of the building official and that he will complete the work within the time limits as specified
in the permit. In the event of any failure to complete the work or failure to comply with all the conditions and terms of the permit, the building official may order the work required
by the permit to be completed to his satisfaction, and the surety shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses
that may be incurred or expended by the City in causing all such work to be done, including engineering fees and attorney's fees. 16-17.090 Cuts (a) General. Unless otherwise recommended
in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. (b) In the absence of an approved soils engineering report, these
provisions may be waived for minor cuts not intended to support structures. (c) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no
steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permitee furnishes a soils engineering or an engineering geology report, or both, stating that the site has
been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. 16-17.100 Fills (a) General. Unless otherwise
recommended in the approved soils engineering report, fills shall conform to the provisions of this section. (b) In the absence of an approved soils engineering report, these provisions
may be waived for minor fills not intended to support structures. (c) Preparation of Ground. Fills slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2
units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying to provide
a bond with the new fill and where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound bedrock
or 25 178
other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than 1 unit vertical in 5 units horizontal (20% slope) shall be at
least 10 feet (2048 mm) wide. The area beyond the toe of the fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench
under the toe of the fill shall be at least 10 feet (3048 mm) wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or
both as a suitable foundation for fill. (d) Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the building official, no rock
or similar irreducible material with a maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills. Exception: The building official may permit placement of
larger rock when the soils engineer properly devises a method of placement, and continuously inspects its its placement and approves the fill suitability. The following conditions shall
also apply: 1. Prior to issuance of the grading permit, potential rock disposal area shall be delineated on the grading plan. 2. Rock sizes greater than 12 inches (305 mm) in maximum
dimension shall be 10 feet (3048 mm) or more below grade, measured vertically. 3. Rocks shall be placed so as to assure filling of all voids with well-graded soil. (e) Compaction. All
fills shall be compacted to a minimum of 90 percent maximum density. (f) Slope. The slope of fill surfaces shall be no steeper than is safe for intended use. Fill slopes shall be no
steeper than 1 unit vertical in 2 units horizontal (50% slope). 16-17.110 Setbacks (a) General. Cut and fill slopes shall be set back from site boundaries in accordance with this section.
Setback dimensions shall be horizontal distances measured perpendicular to the site boundary. Setback dimensions shall be as shown in Figure A-33-1. 26 179
(b) Top of Cut Slope. The top of cut slopes shall not be made nearer to the site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet (610 mm) and a maximum
of 10 feet (3048 mm). The setback may need to be increased for any required interceptor drains. (c) Toe Fill Slope. The toe of fill slope shall be made not nearer to the site boundary
line than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20 feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent
off-site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result
of such grading. These precautions may include but are not limited to: 1. Additional setbacks 2. Provisions for retaining or slough walls. 3. Mechanical or chemical treatment of the
fill slope surface to minimize erosion. 4. Provisions for the control of surface waters. (d) Modification of Slope Location. The building official may approve alternate setbacks. The
building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied.
16-17.120 Drainage and Terracing (a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and terracing shall conform to the provisions of this section
for cut or fill slopes steeper than 1 units vertical in 3 units horizontal (33.3% slope). (b) Terrace. Terraces of at least 6 feet (1829 mm) in width shall be established at not more
than 30-foot (9114 mm) vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at midheight. For
cut or fill slopes greater than 60 feet (18 288 mm) and up to 120 feet (36 576 mm) in vertical height, one terrace at approximately midheight shall be 12 feet (3658 mm) in width. Terrace
widths and spacing for cut and fills lopes greater than 120 feet (36 576 mm) in height shall be designed by the civil engineer and approved by the building official. Suitable access
shall be provided to permit proper cleaning and maintenance. 27 180
Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equal paving.
They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a minimum paved width of 5 feet (1524 mm). A single run of swale or ditch shall not collect runoff from a
tributary area exceeding 13,500 square feet (1254.2 m2) (projected) without discharging into a down drain. (c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface
drainage as necessary for stability. (d) Disposal. All drainage facilities shall be designed to carry waters to the nearest practicable drainage way approved by the building official
or other appropriate jurisdiction as a safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other
devices. Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities, unless waived by the building official. Exception: The gradient from the building
pad may be 1 percent if all of the following conditions exist throughout the permit area: 1. No proposed fills are greater than 10 feet (3048 mm) in maximum depth. 2. No proposed finish
cut or fill slope faces have a vertical height in excess of 10 feet (3048 mm). 3. No existing slope faces steeper than 1 unit vertical in 10 units horizontal (10% slope) have a vertical
height in excess of 10 feet (3048 mm). (e) Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes
toward the cut and has a drainage path greater than 40 feet (12 192 mm) measured horizontally. Interceptor drains shall be paved with a minimum of 3 inches (76 mm) of concrete or gunite
and reinforced. They shall have a minimum depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured horizontally across the drain. The slope of the drain shall
be be approved by the building official. (f) Each lot and building site shall be graded to drain all storm and other surface waters to the nearest storm drain or other drainage outlet
approved by the building official. All runoff from roofs, decking, paving and other surface water collectors, 28 181
whether natural or artificial, may be required by the building official to be centrally collected and drained through enclosed pipe or other conduit to onsite or off-site drainage outlets
or storm drains. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES) as defined in
Article 15-06 of the Zoning Code. (g) The plans and specifications required by Article 16-17.070(d) of the Building Code shall include a drainage plan depicting thereon both existing
and proposed grades, and all proposed drainage facilities, unless such requirement is waived by the building official. All grading and drainage facilities shall be completed and installed
prior to final inspection, and the building official may require certification from the owner, the contractor or qualified engineer, that all finished grades are in compliance with the
approved plans. Neither approval of such drainage plans nor approval of the completed facilities on final inspection shall constitute any representation as to the adequacy of soil or
slope stability, nor adequacy of surface or sub-surface drainage controls, nor that any soil or waterrelated damage will occur to the site or to any adjoining property. Maintenance of
all on-site drainage facilities, whether or not ultimately connected to a public storm drain, shall be the sole responsibility of the property owner and not the City. 16-17.130 Erosion
Control (a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. All cut and fill surfaces subject to erosion shall be planted with ground
cover which is compatible with the natural ground covers in the City and which will thrive with little maintenance. Earth slopes shall be contour graded to encourage landscaping. Cut
and fill along public roads may be required to be landscaped to blend into the natural surroundings. Plants used shall be at heights which will not obstruct vehicular sight distances
on city streets, as determined by the building official. All plant materials shall be satisfactory to the building official. The protection of the slopes shall be installed as soon as
practicable and prior to calling for final grading approval. When cut slopes are determined by the building official not to be subject to erosion due to the erosion resistant character
of the materials, planting precautions may be omitted. (b) Other Devices. Where necessary, check dams, cribbing, riprap or other methods shall be employed to control erosion and provide
safety. 16-17.140 Grading Inspection 29 182
(a) General. Grading operations for which a permit is required shall be subject to inspection by the building official. Professional inspection of grading operations shall be provided
by the civil engineer, soils engineer and the engineering geologist retained to provide such services in accordance with Section 16-17.150(e) for engineered grading and as required by
the building official for regular grading. (b) Civil Engineer. The civil engineer shall provide professional inspection within such engineers area of technical specialty, which shall
consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work they
shall be prepared by the civil engineer. (c) Soils Engineer. The soils engineer shall provide professional inspection within such engineer’s are of technical specialty, which shall include
observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and
compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and appropriate requirements of this chapter. Revised recommendations
relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the permittee, the building official and civil engineer. (d)
Engineering Geologist. The engineering geologist shall provide professional inspection within such engineer’s area of technical specialty, which shall include professional inspection
of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved
engineering geology report shall be submitted to the soils engineer. (e) Permittee. The permittee shall be responsible for the work to be performed in accordance with the approved plans
and specifications and in conformance with the provisions of this code, and the permittee shall engage consultants, if required, to provide professional inspections on a timely basis.
The permitee shall act as a coordinator between the consultants, the contractor and the building official. In the event of changed conditions, the permittee shall be responsible for
informing the building official of such change and shall provide revised plans for approval. (f) Building Official. The building official shall inspect the project at the various stages
of work requiring approval to determine that adequate control is being exercised by the professional consultants. (g) Notification of Noncompliance. If, in the course of fulfilling their
respective 30 183
duties under this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work is not being done in conformance with this chapter or the approved
grading plans, the discrepancies shall be reported immediately in writing to the permittee and the building official. (h) Transfer of Responsibility. If the civil engineer, the soils
engineer or the engineering geologist of record is changes during grading, the work shall be stopped until the replacement has agreed in writing to accept their responsibility within
the area of technical competence for approval upon completion of the work. It shall be the duty of the permittee to notify the building official in writing of such change prior to the
recommencement of such grading. 16-17.150 Completion of Work (a) Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports
and drawings and supplements thereto are required for engineered grading or when professional inspection is performed for regular grading, as applicable. 1. An as-built grading plan
prepared by the civil engineer retained to provide such services in accordance with Section 16-17.150(e) showing original ground surface elevations, as-graded ground surface elevations,
lot drainage patterns, and the locations and elevations of surface drainage facilities and of the outlets of subsurface drains. As-constructed locations, elevations and details of subsurface
drains shall be shown as reported by the soils engineer. Civil engineers shall state that to the best of their knowledge the work within their area of responsibility was done in accordance
with the final approved grading plan. 2. A report prepared by the soils engineer retained to provide such services in accordance with Section 16-17.150(c), including locations and elevations
of field density tests, summaries of field and laboratory tests, other substantiating data, and comments on any changes made during grading and their effect on the recommendations made
in the approved soils engineering investigation report. Soils engineers shall submit a statement that, to the best of their knowledge, the work within there are of responsibility is
in accordance with the approved soils engineering report and applicable provisions of this chapter. 3. A report prepared by the engineering geologist retained to provide such services
in accordance with Section 16-17.150(e), including a final description of the geology of the site and any new information disclosed during the grading and the 31 184
effect of same on recommendations incorporated the approved grading plan. Engineering geologist shall submit a statement that, to the best of their knowledge, the work within there area
of responsibility is in accordance with the approved engineering geologist report and applicable provisions of this chapter. 4. The grading contractor shall submit in a form prescribed
by the building official a statement of conformance to said as-built plan and the specifications. (b) Notification of Completion. The permittee shall notify the building official when
the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices,
and all erosion-control measures have been completed in accordance with the final approved grading plan, and the required reports have been submitted. 16-17.160 Driveways. Unless otherwise
recommended in the approved soil engineering or geology report, driveways shall conform to the provisions of this Section. (a) Gradient. Maximum driveway gradient shall not exceed eighteen
percent for more than fifty feet. (b) Construction standards: 1. Driveways to structures with less than a thirty-five foot setback have no conditions placed on their construction. 2.
Driveways to structures with more than a thirty-five foot setback shall comply with the following conditions: a. The driveway must be at least fourteen feet wide with a one foot shoulder
on each side. b. The driveway must have a minimum curve radius of forty-two feet. c. If the finished surface slope is twelve and one-half percent or less, the driveway must have at least
a six inch aggregate base and a double-coat oil and screening surface. d. If the finished surface slope is twelve and one-half to fifteen percent slope, the driveway must have at least
a six inch aggregate base and a two 32 185
inch asphalt concrete surface. e. If the finished surface slope is fifteen to eighteen percent, the driveway must have at least a six inch aggregate base and four inch rough-surface
concrete surface. f. A turnaround at the end of a driveway must have at least a thirty-two foot radius or an equivalent approved by the fire department. g. The driveway must have a centerline
perpendicular to the street right-ofway at the point of their intersection or present a minimum forty-two foot effective inside radius to vehicles departing or entering the public street
from both sides. 3. All bridges and driveway structures shall be designed to sustain a minimum of thirty-five thousand pounds dynamic loading. 16-17.170 Stockpiling. (a) If the grading
consists only of the depositing and storing of fill material on a site, the building official may issue a temporary grading permit, to be designated a stockpiling permit, permitting
the stockpiling of such fill materials without complete compaction, for a limited period of time. The building official shall determine the location, amount and length of time stockpiled
material may remain on a site. (b) The building official shall require a cash bond from the applicant, as a condition precedent to the issuance of a stockpiling permit, guaranteeing
the removal or the ultimate proper compaction of the fill material. No plan checking fee shall be required for a stockpiling permit, except at such time as, at the expiration of such
stockpiling, the permittee submits plans to obtain a grading permit to complete the installation and compaction of such fill material. 16-17.180 General Provisions. (a) Restricted hours.
Unless specifically exempted, grading will be restricted to the hours between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency which imperils the public
safety. The building official may grant an exemption upon his determination of an emergency. (b) Dust and dirt control. Graded surfaces shall be wetted or suitably contained to 33 186
prevent public nuisance from dust or spillage on City streets or adjacent properties. Equipment, materials and roadways on the site shall be used in a manner or treated to prevent excessive
dust conditions. (c) Effect of prior site development plan approval. Where a site development plan has already been approved by the advisory agency under Section 14-25.100 of the Subdivision
Ordinance, and such site development plan has been made a part of the improvement plans, the improvement agreements and the bonding requirements of the Subdivision Ordinance, and final
map has been approved and recorded, the requirements of this Code relating to plans and specifications, geologic engineering reports, soil engineering reports and bonds shall be deemed
to have been complied with as to any excavation or grading work done in accord with such previously approved site development plan. In the event of any change in the site development
plan as to any lot, site or parcel from the approved site development plan, the provisions of this Code shall thereafter be applicable, and a separate grading plan, grading permit, permit
fee and bond shall be required therefore. (d) Special precautions. If the building official determines by inspection that the nature of the formation is such that further work as authorized
by the existing permit is likely to endanger any property or public way, the building official may, as a condition of work, require reasonable safety precautions to avoid the likelihood
of danger. Such measures as flatter exposed slopes, additional drainage facilities, berm, terracing, compaction, cribbing or installation of plant materials for erosion control may be
required. If storm damage is anticipated, work may be stopped until temporary planting, structures or other temporary measures have been taken to control erosion and protect adjoining
property. (e) Damaging graded lands. No person shall directly or indirectly damage or destroy any ground cover, planting, berm, drainage terraces, ditches, swales, riprap or other other
drainage structures and erosion controls which are planted or constructed pursuant to this Code, or in accord with any of the regulations or requirements of the building official or
the Planning Commission, or pursuant to any site development plan filed in accord with the Subdivision Ordinance of the City. (f) Compliance with other ordinances. The building official
shall not issue a grading permit for any grading at a building lot or site unless all proposed uses shown on the grading plans for the lot or site will comply with all applicable provisions
of both the Zoning Ordinance and Subdivision Ordinance of the City, and with all other provisions of this Code, or unless such grading and the proposed uses are consistent with the General
Plan. Any grading permit issued in violation of this Section shall be void and of no force and effect. 34 187
35 188
Article 16-20 FIRE CODE 16-20.010 Adoption of the California Fire Code and International Fire Code. The 2007 California Fire Code and the 2006 International Fire Code, including Appendix
Chapters 1, 4, B and C are hereby referred to and, except as to additions, deletions and amendments hereinafter noted, are hereby 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.” However, in accordance
with California Government Code Section 50222.4, no penalty clauses are adopted by reference. 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. In accordance with California Government Code Section
50022.6, at least one true copy of the Fire Code has been on file with the City Clerk since fifteen (15) 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 Fire Code shall be kept for public inspection in the office of the City Building Official and the Chief. A reasonable
supply of the Building Code shall be available in the office of the City Clerk for public purchase. 16-20.015 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. 16-20.020 Amendments to Chapter 2 of the Fire Code: Definitions. (a) The definition
of “workstation” in Section 202 of the Fire Code is 36 189
amended to read as follows: WORKSTATION. A defined space or independent principal piece of equipment using hazardous materials where a specific function, laboratory procedure or research
activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation.
A workstation is allowed to contain ventilation equipment, fire protection devices, electrical devices, and other processing and scientific equipment. 16-20.030 Amendments to Chapter
34 of the Fire Code: 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 3404.2.9.5.1 of said Fire Code, in which the storage of flammable or combustible liquids in aboveground tanks is prohibited are hereby established
as 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 3406.2.4.4 of said Fire Code, in which the storage of flammable or combustible
liquids in aboveground tanks is prohibited are hereby established as all locations of the City of Saratoga that are residential or other locations as determined by the fire code official.
16-20.040 Amendments to Chapter 38 of the Fire Code: Liquefied Petroleum Gases. (a) Establishment of limits in which storage of liquefied petroleum gases is prohibited. The limits referred
to in Section 3804.2 of said Fire Code, in which storage of liquefied petroleum gas (LPG) is restricted, are hereby established as all locations within the City of Saratoga that are
residential or congested commercial areas. 37 190
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 32 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 3204.3.1.1 of said Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited
are hereby established as all locations of the City of Saratoga which are residential and congested commercial areas as determined by the fire code official. 16-20.060 Amendments to
Chapter 3 of the Fire Code: General Precautions against
Fire. (a) Subsection 311.5 of the Fire Code concerning the placement of placards on buildings determined to be unsafe is deleted in its entirety. 16-20.070 Amendments to Chapter 4 of
the Fire Code: Emergency Planning and Preparedness. (a) Subsection 404.2 of the Fire Code is amended to read as follows: 404.2 Where Required. An approved fire safety and evacuation
plan shall be prepared and maintained for the following occupancies and buildings. 1. Group A buildings having an occupant load of 100 or more persons. 2. Group B buildings having an
occupant load of 500 or more persons. 3. Group E: See §3.13 Title 19, CCR for regulations. 4. Group H. 38 191
5. Group I. See §3.09 Title 19, CCR for regulations. 6. Group R-1. See §3.09 Title 19, CCR for regulations. 7. Group R-2. College and university buildings. 8. Group M buildings having
an occupant load of 500 or more persons. 9. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area. 10. Underground buildings. (b) Subsection 404.3.1 of the Fire
Code is amended to read as follows: 404.3.1 Fire Evacuation Plans. Fire evacuation plans shall include the following: 1. Emergency egress or escape routes and whether evacuation of the
building is to be complete or, where approved, by selected floors or areas only. 2. Description of what the fire alarm, if required, sounds and looks like (audible and visual warning
devices). 3. Procedures for employees who must remain to operate critical equipment before evacuating. 4. Procedures for accounting for employees and occupants after evacuation has been
completed. 5. Identification and assignment of personnel responsible for rescue or emergency medical medical aid. 6. The preferred and any alternative means of notifying occupants of
a fire or emergency. 7. The preferred and any alternative means of reporting fires and other emergencies to the fire department or designated emergency response organization. 8. Identification
and assignment of personnel who can be contacted for further information or explanation of duties under the plan. 9. A description of the emergency voice/alarm communication system alert
tone and preprogrammed voice messages, where provided. (c) Table 405.2 of the Fire Code is amended to read as follows: 39 192
TABLE 405.2 FIRE AND EVACUATION DRILL FREQUENCY AND PARTICIPATION GROUP OR OCCUPANCY FREQUENCY PARTICIPATION Group A Quarterly Employees Group Ba Annually Employees Group E See §3.09
Title 19, CCR Group I See §3.09 Title 19, CCR Group R-1 See §3.09 Title 19, CCR Group R-2b Four annually All occupants High-rise buildingsc See §3.09 Title 19, CCR a. Group B buildings
having an occupant load of 500 or more persons. b. Applicable to Group R-2 college and university buildings. c. Applicable to high-rise office buildings only. (d) The following subsections
of Section 408 of the Fire Code are deleted in their entirety: Subsections 408.2.2 Announcements; 408.3.1 First Emergency Evacuation Drill; 408.3.2 Emergency Evacuation Drill Deferral;
408.3.3 Time Of Day; 408.3.4 Assembly Points; 408.5.1 Fire Safety and Evacuation Plan; 408.5.2 Staff Training; 408.5.3 Resident Training; 408.5.4 Drill Frequency; 408.5.5 Resident Participation;
408.6 Group I-2 Occupancies; 408.6.1 Evacuation Not Required; 408.6.2 Coded Alarm Signal; 408.7 Group I-3 Occupancies; 408.7.1 Employee Training; 408.7.2 Staffing; 408.7.3 Notification;
408.8 Group R-1 Occupancies; 408.8.2 Emergency Duties; 408.8.3 Fire Safety and Evacuation Instructions. (e) Subsection 408.9 of the Fire Code is amended to read as follows: 408.9 Group
R-2 Occupancies. Group R-2 occupancies shall comply with the requirements of Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group R-2 college and university buildings
shall comply with the requirements of Sections 408.9.1 through 408.9.6 and Sections 401 through 406. (f) Subsection 408.9.4 is added to the Fire Code to read as follows: 408.9.4 First
Emergency Evacuation Drill. The first emergency 40 193
evacuation drill of each school year shall be conducted within 10 days of the beginning of classes. (g) Subsection 408.9.5 is added to the Fire Code to read as follows: 408.9.5 Time
of Day. Emergency evacuation drills shall be conducted at different hours of the day or evening, during the changing of classes, when the school is at assembly, during the recess or
gymnastic periods, or during other times to avoid distinction between drills and actual fires. In Group R-2 college and university buildings, one required drill shall be held during
hours after sunset or before sunrise. (h) Subsection 408.10 of the Fire Code is deleted in its entirety. (i) Subsection 408.11.1.2 of the Fire Code is amended to read as follows: 408.11.1.2
Revisions. The lease plans shall be revised annually or as often as necessary to keep them current. 16-20.080 Amendments to Chapter 5 of the Fire Code: Fire Service Features. (a) Subsection
503.2.1 of the Fire Code is amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for
approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm). EXCEPTION: When 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. (b) Subsection 504.4 is added to the Fire Code to read as follows: 504.4 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 the building,
are installed, such devices shall be approved by the fire code official. All access control devices shall be provided with an approved means for deactivation or unlocking by the fire
department. 41 194
Access control devices shall also comply with the provisions of Chapter 10 (“Means of Egress”). (c) Subsection 505.1 of the Fire Code is amended to read as follows: 505.1 Address Numbers.
Existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street
or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numbers or alphabet letters. Numbers shall be a minimum of 4 inches
(102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Address numbers shall be illuminated in all new buildings. The Building Official may grant exceptions to this requirement
due to location, surroundings or topography as appropriate. (d) Subsection 507.4 is added to the Fire Code to read as follows: 507.4 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: When the roof opening
into an interior court is greater than 600 square feet in area are exempt from this requirement. (e) Section 511 is added to the Fire Code to read as follows: 511.1 Emergency Communication
Systems. In new buildings, or buildings expanded by more than 20%, or buildings in which a change in occupancy classification occurs where adequate interior emergency radio communication
is not possible, a system or equipment that will provide emergency radio coverage acceptable to the fire code official shall be installed. 16-20.090 Amendments to Chapter 6 of the Fire
Code: Building Services and Systems. (a) Subsection 603.4.2 is added to the Fire Code to read as follows: 42 195
603.4.2 Portable Unvented Heaters Used in Other Occupancies and Outside Locations. Use of portable unvented heaters in other occupancies and outside locations shall be approved by the
fire code official. (b) Subsection 605.11 is added to the Fire Code to read as follows: 605.11 Immersion Heaters. 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.
(c) Subsection 608.6.3 is added to the Fire Code to read as follows: 608.6.3 Failure of Ventilation System. Failure of the ventilation system shall automatically disengage the charging
system. 16-20.100 Amendments to Chapter 9 of the Fire Code: Fire Protection Systems. (a) As noted in Section 16-15.070 of the Saratoga Municipal Code, modifications made in this Section
also apply to and amend Chapter 9 (“Fire Protection Systems”) of the Building Code. (b) Subsection 903.2 of the Fire Code is amended to read as follows: 903.2 Where Required. Approved
automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section. Automatic
fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.13 and as follows, whichever is the more restrictive: 1. An automatic sprinkler system
shall be provided throughout all new buildings that have a gross floor area in excess of 3,600 square feet or that are three (3) or more stories in height. 2. An automatic sprinkler
system shall be provided throughout all existing buildings when any of the following occur: buildings larger than 3600 square feet are expanded; modifications are made that 43 196
increase the gross floor area to more than 3,600 square feet; or the number of stories is increased to three (3) or more. EXCEPTION: One-time additions made after 01/01/2008 that do
not exceed 500 square feet in gross floor area. 3. An automatic sprinkler system shall be provided throughout all new buildings located in the designated Wildland-Urban Interface areas.
EXCEPTION: Any non-habitable structures accessory to single family residences that have a gross floor area of 500 square feet or less. 4. An automatic sprinkler system shall be provided
throughout all existing buildings located in the designated Wildland-Urban Interface areas when modifications are made that increase the gross floor area. EXCEPTION: One-time additions
to existing buildings made after 01/01/2008 that do not exceed 500 square feet in gross floor area. (c) Subsection 903.2.18 is added to the Fire Code to read as follows: 903.2.18 Group
U. Garage Sprinklers. In each of the following cases, a garage for the parking of motor vehicles shall be equipped with an automatic sprinkler system: 1. Any newly constructed attached
or detached garage. 2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added to, or expanded so as to increase the floor space under roof by
fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion. For the purposes of this paragraph, any alteration,
repair, addition or expansion shall be considered as equaling or exceeding the above fifty percent limit where the work of construction or improvement is done at different time intervals
requiring two or more building permits within a period of five years after completion of the first improvement, where although each is for a project encompassing an addition of less
than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty
percent or more of that amount which 44 197
existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. 3. Any existing garage which is altered, added to, or expanded
so as to increase the size of such garage by either 200 or more square feet or thirty-three or more percent of the original size, whichever is less. The area of a garage shall include
all contiguous areas within the structure utilized for workshop or storage purposes which are not constructed as habitable space in accordance with the requirements of this Code, whether
or not such contiguous areas are designed or utilized for the storage of motor vehicles. Any automatic sprinkler system installed pursuant to this Section shall comply with the standards
set forth in National Fire Protection Association Document 13D. All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow switches that are connected
to audible warning devices of sufficient number and adequately located within the dwelling dwelling so as to cause, when activated, a level of audibility of not less than fifteen decibels
above ambient noise levels measured four feet above the floor with bedroom doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed is required
to be equipped with an early warning fire alarm system pursuant to Chapter 16, Article 16-60 of the Saratoga Municipal Code, the water flow switches referred to herein shall also be
connected to the digital alarm communicator transmitter or the fire alarm control panel described in Section 16-60.020 of said Code. However, if the dwelling serviced by the garage is
not equipped with such early warning fire alarm system, the water flow switches shall be connected to an outside audible alarm that will cause, when activated, a level of audibility
at the property line nearest to the alarm of not less than fifteen decibels above the ambient noise level at such property line. The provisions contained herein shall apply to both attached
and detached garages. (d) Subsection 903.3 of the Fire Code is amended to read as follows: 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed
in accordance with Sections 903.3.1 through 903.3.7 and Fire Department Standards. 45 198
16-20.110 Amendments to Chapter 14 of the Fire Code: Fire Safety during Construction and Demolition (a) Subsection 1404.8 is added to the Fire Code to read as follows: 1404.8 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). (b) Subsection 1411.1 of the Fire Code is amended to read as follows: 1411.1 Stairways Required. All floor levels above the first story in new multi-story buildings that
require 2 exit stairs shall be provided with at least two usable exit stairways (temporary or permanent) 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 new 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.). (c)
Subsection 1411.1.1 is added to the Fire Code to read as follows: 1411.1.1 Required Means of Egress. All new buildings under construction shall have a least one unobstructed means of
egress. All means of egress shall be identified in the Fire Protection Plan. 16-20.120 Amendments to Chapter 18 of the Fire Code: Semiconducter Fabrication Facilities. (a) The definition
of “continuous gas detection system” in Section 1802 of the Fire Code is amended to read as follows: 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 46 199
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. (b) The definition of “workstation” in Section 1802 of the Fire Code is deleted in its entirety. 16-20.130 Amendments to Chapter
19 of the Fire Code: Lumberyards and Woodworking Facilities. (a) Subsection 1907.6 is added to the Fire Code to read as follows: 1907.6 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 NFPA 24. (b) Subsection 1908.11 is added to the Fire Code to read as follows: 1908.11 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 NFPA 24.
16-20.140 Amendments to Chapter 27 of the Fire Code: Hazardous Materials—General Provisions. (a) Subsection 2703.9.10 is added to the Fire Code to read as follows: 2703.9.10 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 1803.10. EXCEPTION: Internal fire protection is not required for Biological Safety Cabinets that
carry NSF/ANSI certification where 47 200
quantities of flammable liquids in use or storage within the cabinet do not exceed 500ml. 16-20.150 Amendments to Chapter 33 of the Fire Code: Explosives and Fireworks. (a) Subsection
3301.1 of the Fire Code is amended to read as follows: 3301.1 Scope. For explosives requirements see Title 19 California Code of Regulations Chapter 10 and Section 3301.1.1 of this Chapter.
For fireworks requirements see Title 19 California Code of Regulations Chapter 6 and Section 3301.1.2 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 possession, storage and use of small arms ammunition when packaged in accordance
with DOTn packaging requirements. 4. The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities. 5.
Items preempted by federal regulations. (b) Subsection 3301.1.1 is added to the Fire Code to read as follows: 3301.1.1. Explosives. The possession, manufacture, storage, sale, handling,
and use of explosives are prohibited. EXCEPTIONS: 1. Possession, storage, handling and use of explosives for test and research purposes is allowed with permit and approval of the fire
code official. 2. Possession, storage, handling and use of squibs, explosive nuts or bolts and similar small quantity explosive devices is allowed with permit and approval of the fire
code official. (c) Subsection 3301.1.2 is added to the Fire Code to read as follows: 48 201
3301.1.2 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, handling and use of fireworks and pyrotechnic special effects outside of buildings when used for public or proximate audience displays, motion
picture, television, theatrical and group entertainment productions when handled and used by a licensed pyrotechnic operator in accordance with Title 19 of the California Code of Regulations
and permitted in accordance with this Chapter. 2. Storage, handling and use of pyrotechnic special effects fireworks inside of buildings, equipped throughout with an approved fire sprinkler
system, when used for proximate audience displays or special effects in theatrical, television, motion picture and group entertainment productions and when handled and used by a licensed
pyrotechnic operator in accordance with Title 19 of the California Code of Regulations and permitted in accordance with this Chapter. (d) Subsection 3301.1.3 is added to the Fire Code
to read as follows: 3301.1.3 Model 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. 16-20.160 Amendments to Chapter 34 of the Fire Code: Flammable and Combustible Liquids. (a) Subsection 3404.2.7.5.8 of the Fire Code is amended to read as
follows: 3404.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 3404.2.9.6.6 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 3406.4 or 3406.7 shall have overfill protection in accordance with API 2350. (b) Subsection
3404.2.7.5.9 is added to the Fire Code to read as follows: 3404.2.7.5.9 Automatic Filling of Tanks. Systems that 49 202
automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official, that 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. 16-20.170 Amendments to Chapter 47 of the Fire Code: Requirements for Wildand-Urban Interface Plans. (a) The definition of “Wildland-Urban Interface Fire
Area” in Section 4702 of the Fire Code is amended to read 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. See Article 86B for the applicable referenced sections of the Government Code and the Public Resources Code. The Wildland-Urban Interface Fire Area shall
be defined as all areas within the City of Saratoga designated as hazardous fire areas on the City of Saratoga’s Hazardous Fire Area Map. The Hazardous Fire Area map, properly attested,
shall be on file in the Office of the City Clerk of the City of Saratoga. (b) Section 4703 is added to the Fire Code to read as follows: SECTION 4703 FIRE PROTECTION PLAN 4703.1 General.
When required by the fire code official, a fire protection plan shall be prepared. 4703.2 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. 4703.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility
of the applicant. 50 203
4703.4 Plan Retention. The fire protection plan shall be retained by the fire code official. (c) Section 4707 is added to the Fire Code to read as follows: SECTION 4707 DEFENSIBLE SPACE
4707.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining the Wildland-Urban Interface Fire Area 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 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) from such buildings or structures, 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. 51 204
4707.2 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
4707.1 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 condition exists. (d) Section 4714 is added to the Fire Code to read as follows: SECTION 4714 ACCESS 4714.1 General. Buildings and structures, or
portions thereof, hereafter constructed or relocated into or within wildland-urban interface areas shall be provided with fire apparatus access in accordance with this chapter. 4714.2
Driveways. Driveways with an all-weather surface shall be provided when any portion of an exterior wall of the first story of a building is located more than 150 feet (45 720 mm) from
a fire apparatus access road. Driveways shall provide a minimum unobstructed width of 12 feet (3658 mm) and a minimum unobstructed height of 13 feet 6 inches (4115 mm). Driveways in
excess of 150 feet (45 720 mm) in length shall be provided with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less than 20 feet (6096 mm) in width shall be provided
with turnouts in addition to turnarounds. An all-weather surface shall be any surface material acceptable to the fire code official. A driveway shall not serve in excess of two dwelling
units. EXCEPTION: When such driveways meet the requirements for an access road in accordance with this chapter. Driveway turnarounds shall be in accordance with Fire Department Standards.
Driveways that connect with a road or roads at more than one point may be considered as having a turnaround if all changes of direction meet the radii requirements for driveway turnarounds.
Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and 30 feet (9144 mm) long. Driveway turnouts shall be located as required by the fire code official.
Vehicle load limits shall be posted at both entrances to bridges on 52 205
driveways and private roads. Design loads for bridges shall be established by the fire code official. 4714.3 Fire Apparatus Access Roads. Fire apparatus access roads shall be all weather
roads with a minimum width of 20 feet (6096 mm) and a clear height of 13 feet 6 inches (4115 mm); and shall be designed in accordance with Fire Department Standards. Dead-end roads in
excess of 150 feet (45 720 mm) in length shall be provided with turnarounds designed in accordance with Fire Department Standards. An all-weather road surface shall be any surface material
acceptable to the fire code official. (e) Section 4715 is added to the Fire Code to read as follows: SECTION 4715 WATER SUPPLY 4715.1 General. Buildings and structures, or portions thereof,
hereafter constructed or relocated into or within wildland-urban interface areas shall be provided with fire protection water supplies in accordance with this chapter. EXCEPTION: Buildings
containing only private garages, carports, sheds and agricultural buildings with a building area of not more than 500 square feet (56 m2). 4715.2 Water Sources. The point at which a
water source is available for use shall be located not more than 600 feet from all portions of the exterior walls
of the building and be approved by the fire code official. The distance shall be measured along an unobstructed line of travel. Water sources shall have a minimum usable water volume
as determined by the adequate water supply needs in accordance with Section 4715.4. This water source shall be equipped with an approved hydrant. The water source shall be provided and
maintained by a recognized water purveyor, mutual water company or water pumped from a well. The design, construction, location, water level maintenance, access, and access maintenance
of man-made water sources shall be approved by the fire code official. 4715.3 Hydrants. All hydrants shall be designed and constructed in accordance with nationally recognized standards.
The location and access shall be approved by the fire code official. 53 206
4715.4 Adequate Water Supply. Adequate fire protection water supplies shall be as follows: One-and Two-Family Dwellings. The required fire protection water supply for one-and two-family
dwellings shall be in accordance with Appendix B. The water supply duration need not exceed 30 minutes. Buildings Other Than One-and Two-Family Dwellings. The water supply required for
buildings other than one-and two-family dwellings shall be in accordance with Appendix B. EXCEPTION: The water supply duration need not exceed 2 hours. 4715.5 Obstructions. Access to
all water sources required by this code shall be unobstructed at all times. The fire code official shall not be deterred or hindered from gaining immediate access to water source equipment,
fire protection equipment or hydrants. 4715.6 Identification. Water sources, hydrants and fire protection equipment shall be clearly identified in a manner approved by the fire code
official to identify location and to prevent obstruction by parking and other obstructions. 4715.7 Testing and Maintenance. Water sources, hydrants and other fire protection equipment
required by this code shall be subject to periodic tests as required by the fire code official. All such equipment installed under the provisions of this code shall be maintained in
an operative condition at all times and shall be repaired or replaced where defective. Additions, repairs, alterations and servicing of such fire protection equipment and resources shall
be in accordance with approved standards. 4715.8 Clearance of Fuel. Defensible space shall be provided around water tank structures, water supply pumps and pump houses in accordance
with Section 4707. 4715.9 Standby Power. Stationary water supply facilities within the wildland-urban interface area 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 54
207
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 singlefamily dwelling. (f) Section
4716 is added to the Fire Code to read as follows: SECTION 4716 AUTOMATIC FIRE SPRINKLER SYSTEMS 4716.1 General. Buildings and structures located in wildland-urban interface areas shall
be provided with automatic fire sprinkler protection in accordance with this chapter. 4716.2 New Buildings. An approved automatic fire sprinkler system shall be provided throughout all
new buildings located in the wildlandurban interface area. EXCEPTION: Accessory structures to single-family residences that are non-residential and that have a gross floor area of 500
square feet or less. 4716.3 Existing Buildings. An approved automatic fire sprinkler system shall be provided throughout all existing buildings located in the wildland-urban interface
area when modifications are made that increase the gross floor area. EXCEPTION: One-time additions to existing buildings made after 01/01/08 that do not exceed 500 square feet in gross
floor area. (g) Section 4717 is added to the Fire Code to read as follows: SECTION 4717 GENERAL REQUIREMENTS FOR SUPPRESSION AND CONTROL 4717.1 Scope and Purpose 55 208
4717.1.1 Scope. The provisions of this chapter establish general requirements applicable to new and existing properties located within wildland-urban interface areas. 4717.1.2 Objective.
The objective of this appendix is to provide necessary fire-protection measures to reduce the threat of wildfire in an wildland-urban interface area and improve the capability of controlling
such fires. 4717.2 Vegetation Control 4717.2.1 General. Vegetation control shall comply with Sections 4717.2.2 through 4717.2.5. 4717.2.2 Maintenance of Defensible Space 4717.2.2.1 General.
Defensible spaces required by 4707 shall be maintained in accordance with Section 4717.2.2. 4717.2.2.2 Modified Area. Non-fire-resistive vegetation or growth shall be kept clear of buildings
or structures, in accordance with Section 4707, in such a manner as to provide a clear area for fire suppression operations. 4717.2.2.3 Responsibility. Persons owning, leasing, controlling,
operating or maintaining buildings or structures are responsible for maintenance of defensible spaces. Maintenance of the defensible space shall include modifying or removing nonfire-resistive
vegetation and keeping leaves, needles and other dead vegetative material regularly removed from roofs of buildings and structures. 4717.2.2.4 Trees. Tree crowns extending to within
10 feet (3048 mm) of any structure shall be pruned to maintain a minimum horizontal clearance of 10 feet (3048 mm). Tree crowns within the defensible space shall be pruned to remove
limbs located less than 6 feet (1829 mm) above the ground surface adjacent to the trees. Portions of tree crowns that extend within 10 feet (3048 mm) of the outlet of a chimney shall
be pruned to 56 209
maintain a minimum horizontal clearance of 10 feet (3048 mm). Deadwood and litter shall be regularly removed from trees. 4717.2.3 Clearance of Brush or Vegetative Growth from Roadways.
The fire code official is authorized to require areas within 10 feet (3048 mm) on each side of portions of fire apparatus access roads and driveways to be cleared of non-fire-resistive
vegetation growth. EXCEPTION: Single specimens of trees, ornamental vegetative fuels or cultivated ground cover, such as green grass, ivy, succulents or similar plants used as ground
cover, provided they do not form a means of readily transmitting fire. 4717.2.4 Clearance of Brush and Vegetative Growth from Electrical Transmission and Distribution Lines. 4717.2.4.1
General. Clearance of brush and vegetative growth from electrical transmission and distribution lines shall be in accordance with Section 4717.2.4. EXCEPTION: Section 4717.2.4 does not
authorize persons not having legal right of entry to enter on or damage the property of others without consent of the owner. 4717.2.4.2 Support Clearance. Persons owning, controlling,
operating or maintaining electrical transmission or distribution lines shall have an approved program in place that identifies poles or towers with equipment and hardware types that
have a history of becoming an ignition source, and provides a combustible free space consisting of a clearing of not less than 10 feet (3048 mm) in each direction from the outer circumference
of such pole or tower during such periods of time as designated by the fire code official. EXCEPTION: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission
or other lines classed as communication 57 210
circuits by a public utility. 4717.2.4.3 Electrical Distribution and Transmission Line Clearances. 4717.2.4.3.1 General. Clearances between vegetation and electrical lines shall be in
accordance with 4717.2.4.3. 4717.2.4.3.2 Trimming Clearance. At the time of trimming, clearances not less than those established by Table 4717.2.4.3.2 shall be provided. The radial clearances
shown below are minimum clearances that shall be established, at time of trimming, between the vegetation and the energized conductors and associated live parts. TABLE 4717.2.4.3.2 MINIMUM
CLEARANCES BETWEEN VEGETATION AND ELECTRICAL LINES AT TIME OF TRIMMING For SI: 1 foot = 304.8 mm. LINE VOLTAGEE XION: The fire code official is authorized to establish minimum clearances
different than those specified by Table 4717.2.4.3.2 when evidence substantiating such other clearances is submitted to and approved by the fire code CEP T MINIMUM RADIAL CLEARANCE FROM
CONDUCTOR (feet) 2,400-72,000 4 72,001-110,000 6 110,001-300,000 10 300,001 or more 15 58 211
official. 4717.2.4.3.3 Minimum Clearance to be Maintained. Clearances not less than those established by Table 4717.2.4.3.3 shall be maintained during such periods of time as designated
by the fire code official. The site-specific clearance achieved, at time of pruning, shall vary based on species growth rates, the utility company-specific trim cycle, the potential
line sway due to wind, line sag due to electrical loading and ambient temperature and the tree’s location in proximity to the high voltage lines. EXCEPTION: The fire code official is
authorized to establish minimum clearances different than those specified by 4717.2.4.3.3.3 when evidence substantiating such other clearances is submitted to and approved by the fire
code official. TABLE 4717.2.4.3.3 MINIMUM CLEARANCES BETWEEN VEGETATION AND ELECTRICAL LINES TO BE MAINTAINED LINE VOLTAGE MINIMUM CLEARANCE (inches) 750 – 35,000 6 35,001 – 60,000 12
60,001 – 115,000 19 115,001 – 230,000 30.5 230,001 – 500,000 115 For SI: 1 inch=25.4mm. 4717.2.4.3.4 Electrical Power Line Emergencies. During emergencies, the utility shall perform
the required work to the extent necessary to clear the hazard. An emergency can include situations such as trees falling into power lines, or trees in violation of Table 4717.2.3.3.3.
4717.2.5 Correction of Condition. The fire code official is authorized to give notice to the owner 59 212
of the property on which conditions regulated by Section 4717.2 exist to correct such conditions. If the owner fails to correct such conditions, the City Council is authorized to cause
the same to be done and make the expense of such correction a lien on the property where such condition exists. 4717.3 Access Restrictions 4717.3.1 Restricted Entry To Public Lands.
The fire code official is authorized to determine and publicly announce when wildland-urban interface areas shall be closed to entry and when such areas shall again be opened to entry.
Entry on and occupation of wildland-urban interface areas, except public roadways, inhabited areas or established trails and campsites that have not been closed during such time when
the wildland-urban interface area is closed to entry, is prohibited. EXCEPTIONS: 1. Residents and owners of private property within wildland-urban interface areas and their invitees
and guests going to or being on their lands. 2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and
members of the Wildland Firefighting Service. 4717.3.2 Trespassing On Posted Private Property. 4717.3.2.1 General. When the fire code official determines that a specific area within
a wildland-urban interface area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility
to the public, such areas shall be restricted or closed until changed conditions warrant termination of such restriction or closure. Such areas shall be posted in accordance with Section
4717.3.2.2. 4717.3.2.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this code shall be placed on every closed area. 60 213
4717.3.2.3 Trespassing. Entering and remaining within areas closed and posted is prohibited. EXCEPTION: Owners and occupiers of private or public property within closed and posted areas;
their guests or invitees; authorized persons engaged in the operation and maintenance of necessary utilities such as electrical power, gas, telephone, water and sewer; and local, state
and federal public officers and their authorized agents acting in the course of duty. 4717.3.3 Use of Fire Roads and Defensible Space. Motorcycles, motor scooters and motor vehicles
shall not be driven or parked on, and trespassing is prohibited on, fire roads or defensible space beyond the point where travel is restricted by a cable, gate or sign, without the permission
of the property owners. Vehicles shall not be parked in a manner that obstructs the entrance to a fire road or defensible space. EXCEPTION: Public officers acting within their scope
of duty. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or defensible spaces, unless located 16 feet (4877
mm) or more above such fire road or defensible space. 4717.3.4 Use of Motorcycles, Motor Scooters, Ultra light Aircraft and Motor Vehicles. Motorcycles, motor scooters, ultra light aircraft
and motor vehicles shall not be operated within wildland-urban interface areas, without a permit by the fire code official, except on clearly established public or private roads. Permission
from the property owner shall be presented when requesting a permit. 4717.3.5 Tampering With Locks, Barricades, Signs and Address Markers. Locks, barricades, seals, cables, signs and
address markers installed within wildland-urban interface areas, by or under the control of the fire code official, shall not be tampered with, mutilated, destroyed or removed. Gates,
doors, barriers and locks installed by or under the control of the fire code official shall not be unlocked. 61 214
4717.4 Ignition Source Control 4717.4.1 General. Ignition sources shall be in accordance with Section 4717.4. 4717.4.2 Objective. Regulations in this section are intended to provide
the minimum requirements to prevent the occurrence of wildfires. 4717.4.3 Clearance from Ignition Sources. Clearance between ignition sources and grass, brush or other combustible materials
shall be maintained a minimum of 30 feet (9144 mm). 4717.4.4 Smoking. When required by the fire code official, signs shall be posted stating NO SMOKING. No person shall smoke within
15 feet (4572 mm) of combustible materials or non-fireresistive vegetation. EXCEPTION: Places of habitation or in the boundaries of established smoking areas or campsites as designated
by the fire code official. 4717.4.5 Equipment and Devices Generating Heat, Sparks Or Open Flames. Equipment and devices generating heat, sparks or open flames capable of igniting nearby
combustibles shall not be used in wildland-urban interface areas without a permit from the fire code official. EXCEPTION: Use of approved equipment in inhabited premises or designated
campsites that are a minimum of 30 feet (9144 mm) from grass-, grain-, brush-or forest-covered areas. 4717.4.6 Fireworks. Fireworks shall not be used or possessed in wildland-urban interface
areas. 4717.4.7 Outdoor Fires. 4717.4.7.1 General. No person shall build, ignite or maintain any outdoor fire of any kind for any purpose in or on any wildland-urban interface area,
except by the authority of a written permit from the fire code official. 62 215
EXCEPTION: Outdoor fires within inhabited premises or designated campsites where such fires are in a permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum
of 30 feet (9144 mm) from any combustible material or non-fireresistive vegetation. 4717.4.7.2 Permits. Permits shall incorporate such terms and conditions that will reasonably safeguard
public safety and property. Outdoor fires shall not be built, ignited or maintained in or on hazardous fire areas under the following conditions: 1. When high winds are blowing, 2. When
a person 17 years old or over is not present at all times to watch and tend such fire, or 3. When a public announcement is made that open burning is prohibited. 4717.4.7.3 Restrictions.
No person shall use a permanent barbecue, portable barbecue, outdoor fireplace or grill for the disposal of rubbish, trash or combustible waste material. 4717.4.8 Outdoor Fireplaces,
Permanent Barbecues and Grills. Outdoor fireplaces, permanent barbecues and grills shall not be be built, installed or maintained in wildland-urban interface areas without approval of
the fire code official. Outdoor fireplaces, permanent barbecues and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall
be provided with an approved spark arrestor, screen or door. EXCEPTION: When approved by the fire code official, unprotected openings in barbecues and grills necessary for proper functioning.
4717.4.9 Reckless Behavior. The fire code official is authorized to stop any actions of a person or persons if the official determines that the action is reckless and could result in
an ignition of fire or spread of fire. 63 216
4717.4.10 Planting Vegetation Under or Adjacent to Energized Electrical Lines. No vegetation shall be planted under or adjacent to energized power lines that, at maturity, shall grow
within 10 feet (3048 mm) of the energized conductors. 4717.5 Control of Storage 4717.5.1 General. In addition to the requirements of the International Fire Code, storage and use of the
materials shall be in accordance with Section 4717.5. 4717.5.2 Hazardous Materials. Hazardous materials in excess of 10 gallons (37.8 L) of liquid, 200 cubic feet (5.66 m 3) of gas,
or 10 pounds (4.54 kg) of solids require a permit and shall comply with nationally recognized standards for storage and use. 4717.5.2.1 Liquefied Petroleum Gas Installations 4717.5.2.1.1
General. The storage of liquefied petroleum gas (LP gas) and the installation and maintenance of pertinent equipment shall be in accordance with said Fire Code and recognized standards.
4717.5.2.1.2 Location of Containers. LP-gas containers shall be located within the defensible space space in accordance with said Fire Code. 4717.5.3 Explosives. Explosives shall not
be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within wildland-urban interface areas. 4717.5.4 Combustible Materials. 4717.5.4.1
General. Outside storage of combustible materials such as, but not limited to, wood, rubber tires, building materials or paper products shall comply with the other applicable sections
of this code and this section. 4717.5.4.2 Individual Piles. Individual piles shall not exceed 5,000 square feet (465 m 2) of contiguous area. Piles shall not exceed 50,000 cubic feet
(1416 m 3) in volume or 10 64 217
feet (3048 mm) in height. 4717.5.4.3 Separation. A clear space of at least 40 feet (12 192 mm) shall be provided between piles. The clear space shall not contain combustible material
or non-fireresistive vegetation. 4717.5.4.4 Storage of Firewood and Combustible Materials 4717.5.4.4.1 General. Firewood and combustible material shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. When required by the fire code official, storage of firewood and combustible
material stored in the defensible space shall be located a minimum of 20 feet (6096 mm) from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet
(4572 mm). 4717.5.4.4.2 Storage for Off-Site Use. Firewood and combustible materials not for consumption on the premises shall be stored so as to not pose a hazard. 4717.6 Dumping 4717.6.1
Waste Material. Waste material shall not be placed, deposited or dumped in wildland-urban interface areas, or in, on or along trails, roadways or highways or against structures in wildland-urban
interface areas. EXCEPTION: Approved public and approved private dumping areas. 4717.6.2 Ashes and Coals. Ashes and coals shall not be placed, deposited or dumped in or on wildland-urban
interface areas. EXCEPTIONS: 1. In the hearth of an established fire pit, camp stove or fireplace. 2. In a noncombustible container with a tight fitting lid, which 65 218
is kept or maintained in a safe location not less than 10 feet (3048 mm) from non-fire-resistive vegetation or structures. 3. Where such ashes or coals are buried and covered with 1
foot (305 mm) of mineral earth not less than 25 feet (7620 mm) from non-fire-resistive vegetation or structures. 4717.7 Protection of Pumps and Water Storage Facilities 4717.7.1 General.
The reliability of the water supply shall be in accordance with Section 4717.7. 4717.7.2 Objective. The intent of this section is to increase the reliability of water storage and pumping
facilities and to protect such systems against loss from intrusion by fire. 4717.7.3 Fuel Modification Area. Water storage and pumping facilities shall be provided with a defensible
space of not less than 30 feet (9144 mm) clear of non-fire-resistive vegetation or growth around and adjacent to such facilities. Persons owning, controlling, operating or maintaining
water storage and pumping systems requiring this defensible space are responsible for clearing and removing nonfire-resistive vegetation and maintaining the defensible space on the property
owned, leased or controlled by said person. 4717.7.4 Trees. Portions of trees that extend to within 30 feet (9144 mm) of combustible portions of water storage and pumping facilities
shall be removed. 4717.7.5 Protection of Electrical Power Supplies. When electrical pumps are used to provide the required water supply, such pumps shall be connected to a standby power
source to automatically maintain electrical power in the event of power loss. The standby power source shall be capable of providing power for a minimum of two hours in accordance with
the Electrical Code. EXCEPTION: A standby power source is not required where the primary power service to pumps are underground as approved by the fire code official. 4717.8 Land Use
Limitations 66 219
4717.8.1 General. Temporary fairs, carnivals, public exhibitions and similar uses must comply with all other provisions of this code in addition to enhanced ingress and egress requirements.
4717.8.2 Objective. The increased public use of land or structures in wildland-urban interface areas also increases the potential threat to life safety. The provisions of this section
are intended to reduce that threat. 4717.8.3 Permits. Temporary fairs, carnivals, public exhibitions or similar uses shall not be allowed in a designated wildland-urban interface area,
except by permit from the fire code official. Permits shall incorporate such terms and conditions that will reasonably safeguard public safety and property. 16-20.180 Amendments to Appendix
Chapter 1 of the Fire Code: Administration. (a) Subsection 105.1.4 is added to the Fire Code to read as follows: 105.1.4 Construction Permit Fees. Construction permit fees and plan review
fees for fire hydrant systems, fire extinguishing systems and fire alarm systems within the areas served by the Santa Clara County Fire Department and the Saratoga Fire District shall
be paid to the Santa Clara County Fire Department and the Saratoga Fire District in accordance with the following table based on valuation. The valuation shall be limited to the value
of the system installation 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 -$500.00 $23.50 $501.00 -$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 -$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 -$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 67 220
$50,001.00 -$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 -$500,000.00 $993.75
for the first $100,000.00 plus $5.60 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001 -$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 $30.00 for each occurrence at the discretion of the fire code official. (b) Subsection
105.1.5 is added to the Fire Code to read as follows: 105.1.5 Operational permit fees. Operational permit fees for uses and activities that occur within the areas served by the Santa
Clara County Fire Department and the Saratoga Fire District shall be paid to the Santa Clara County Fire Department and the Saratoga Fire District as per the following schedule. FACILITY
TYPE PERMIT FEE 1. Institutional A. Over 50 persons $100.00 -Annually B. More than 6 persons $ 75.00 -Annually 2. Day Care Facilities A. 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 (c) Subsection 105.6.8 of the Fire Code is amended to read as follows: 68 221
105.6.8 COMPRESSED GASES. An operational permit is required for the storage, use or handling at normal temperature and pressure (NPT) of compressed gases in excess of the amounts listed
in Appendix Chapter 1, Table 105.6.8, to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. A permit is required to
install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system. EXCEPTIONS: 1. Vehicles equipped for and using compressed gas
as a fuel for propelling the vehicle. 2. Routine maintenance. 3. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days
of commencement of work. 4. Inert and simple asphyxiants at or below the amounts listed in Table 105-A. (d) The first paragraph of subsection 105.6.10 of the Fire Code is amended to
read as follows: 105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed
in Appendix Chapter 1, Table 105.6.10 or to install a cryogenic vessel or piping system for the storage or distribution of cryogens. (e) Subsection 105.6.48 is added to the Fire Code
to read as follows: 105.6.48 Day care facility. An operational permit is required to operate a business as a day care facility for more than 6 people. (f) Subsection 105.6.49 is added
to the Fire Code to read as follows: 105.6.49 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 home, home or institution for insane or mentally retarded persons, home or institution for the care of aged or senile persons,
sanitarium, nursing or convalescent home, certified family care homes, residential care homes for the elderly, out of home placement 69 222
facilities, halfway house, and day care nurseries or similar facility of any capacity. (g) Subsection 106.5 is added to the Fire Code to read as follows: 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. (h) Subsection 109.3 of the Fire Code is amended to read as follows: 109.3 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 [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF 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. 109.3.1 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. 109.3.2 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 70 223
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 said Article 3-20. (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. 71 224
Article 16-25 PLUMBING CODE 16-25.010 Adoption of California Plumbing Code. The 2007 California Plumbing Code (2006 Uniform Plumbing Code, as published by the International Association
of Plumbing and Mechanical Officials and amended by the State of California), including Appendix Chapters A, B, D, I, K and L 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. However, in accordance with California
Government Code Section 50222.4, no penalty clauses are adopted by reference. 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. In accordance with California Government Code Section 50022.6, at least
one true copy of the Plumbing Code has been on file with the City Clerk since fifteen (15) 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. 72 225
Article 16-30 MECHANICAL SYSTEMS 16-30.010 Adoption of California Mechanical Code. The 2007 California Mechanical Code (2006 Uniform Mechanical Code as published by the International
Association of Plumbing and Mechanical Officials and amended by the State of California) 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. However, in accordance with California Government
Code Section 50222.4, no penalty clauses are adopted by reference. 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. In accordance with California Government Code Section 50022.6, at least one true copy of the Mechanical
Code has been on file with the City Clerk since fifteen (15) 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. 73 226
74 Article 16-35 ELECTRICAL CODE 16-35.010 Adoption of California Electrical Code. The 2007 California Electrical Code (2005 National Electrical Code as published by the National Fire
Protection Association and amended by the State of California), 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. However, in accordance with California Government Code Section 50222.4, no penalty clauses are
adopted by reference. 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. In accordance with California Government Code Section 50022.6, at least one true copy of the Electrical Code has been on file
with the City Clerk since fifteen (15) 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. 227
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RD. RD. DAVES PL. LEXINGTON LN. AVE. REDBERRY ROAD RAVINE CT. RD. FARRAGUT LEXINGTON WAY RD. DR. CANON BLYTHSWOOD DR. GRANDVIEW DR. LN. HIDDEN LANCASTER ACRES DECATUR LOMAS CONSTITUTION
DR. RD. SERRAMONTE VIEWOAK ROUTE 85 CT. DR. KANE VERONICA DR. LANARK BRAEMAR MOR AN LANE AVE. FARWELL GATOS PARK ROBIN LARK DR. PROSPECT VIEWRIDGE WELLING TON BUCKHAVEN DAPHNE DR. DAPHNE
AVE. CT. GLEN MERRIBROOK OAKS DR. CT. CT. MEADOW BLUE SPRING MC CARTYSVILLE CT. DR. CT. FREDRICKSBURG CT. CHEVERLY CIR. SHERIDAN CT. WY. CT. PEACH BLOSSOM DR. BRIDGE DR. UPLAND WY. CALABAZAS
SEVENSPRING CT. CT. SPRING ORCHARD DR. CEDAR CT. SPRING TIMBER SPRING LN. CT. WILDFLOWER BRICH CT. SPRING DOROTHY PARK CT. NORMANDY WAY VINEYARD LONGFELLOW SPRINGS SPRING ANNE WILDFLOWER
WAY SEVEN SPRINGS LONGFELLOW CT.BUCKTHORNE SEVEN KINTYRE DR. CHANTEL CT. BLANEY PKWY. WAY WAY OAK BRETMOOR CT. SPRING CT. CT. CT. OLIVE PALM SPRING SPRING CREEK SPRING SOUTHSHORE ROSEGARDEN
LN. WALNUT NEWCASTLE DR. PLUM BLOSSOM DR. WESTSHORE WINDSOR WAY CT. RIDGE CREEK DR. EDDINGTON SHARON MANOR CT. SHARON DR. CT. CT. WATERFORD DR. CT. DARTMOOR TRIUMPH CT. SIERRA SPRING
RD. ASTER BROOK PINE BROOK CT. CT. PINE DR. TRINITY SP RING PL. AVE.PRIMROSE DEVON WAY DUCKET WY. LEEDS CT. FREEWAY CT. WOODHILL CT. DR. DR. POPPY JAMES TOWN LN. SIERRA SPRING DONGAL
PLACER SPRING CT. LN. SHASTA SPRIG CT. LOCH LOMOND LN. SO. BROOKVALE BRISBANE CT. STAUFFER MC GREGOR WAY BARNHART RUTHERFORD DR. REGNART REGNART ARDENWOOD LN. ROAD GALWAY DR. SARATOGA
VILLA PL. PROSPECT CT. CT. MERIDA DR. PAMPAS RONCOLE CT. CT. SARAGLEN CT. LN. WAY CAROL DR. MAUREEN MARIA DR. BEAUCHAMPS BURNETT COVINA RD. DR. NATOMA BLUE RD. PLUMAS CT. OAK MARILLA
RD. ATRIUM MEADOW RITANNA HILLS DR. RD. RANCH LN. CT. DR. LN. KIRKMONT DR. PARKER VIA LN. RANCH GRANADA CT. CT. MARILLA RD. ATRIUMCIRCLE BOWHILL DR. DR. MARI LLA CREEK CT. DR. ROAD ARROWHEAD
KIRKBROOK OAK LN. JULIEKING CT. FARR ARROYO PROSPECT LN. KIRKDALE CT. CT. KENYON DR. MILL KNOLLWO OD ARROYO NORADA CT. LN. ROLLING LN. VISTA ARROYO GULL SEA SARATOGA-SUNNYVALE ZORKA
CT. LOWENA CT. AVE. DE HILLS LN AVE. CRAYSIDE AVE. WAY GOLETA ST. JOANCT. ARGUELLO CT. MANOR DR. RD LEUTAR TED GREENMEADOW BEAUCHAMPS LANE CHERRY SANKA CT. GULL KREISLER DR. SUMNER DE
SEA LN. PROSPECT CHERRY HILLMOOR DR. LN. RD. AVE. WAY RD. HEIGHTS CLARIDGE RD. CT. SUMNER WY. GUAVA CT. PROSPECT FARRRANCH SCENIC CT. ARGUELLO CT.LIDO VERDE FREDRICKSBURG MOOR KARN DR.
CT. CONTINENTAL CT. INDIO RANCH PL. DR. CT. CT. CIRCLE DE BLOSSOM CARNIEL KINMAN CT. DR.ORELLA ARROYO WARDELL WARD ELL PARKER RD. WILLIAMSBURG LN. CT. SARATOGA COX DR.ARBOR CT. STAR
CT. WOODS WAY CT. CIRCLE YOLO LN. WOLCOT LIKA WAY IONELN. GLEN JEPSEN ASHLEY GAR NET CARNIEL CT. CT. ASHLEY DR. CT. CT. REGAN IDLEWOOD OAKS PIERCE ARGUELLO CORTE DE ROAD ARGUELLO DIAMOND
CT. ROAD RIDGE LN. CT. CHATEAU DR. DR. WOODMONT DE CIRCLE COMER CT. PIERCE CT. CHIQUITA CRAIGEN FOOTHILL DR. ROAD LN. CT. ARROYO BLAUER DR. DR. DR. COMER BRANDYWINE WINTER APOLLO LN.
HOUSTONCT. DR. WAYDR. ARGONAUT PARAMOUNT CHATEAU DR. REGAN CT. TRICIA WY. HICKORYHILL DR. WAY FUTURE MTN. CHARTERS CHADWICK LN. PLACE CUNNINGHAM LJEPAVA CT. SHADOW ANGUS EDENCREST STEWART
CT. PARAMOUNT DR. DR. RD. KILBRIDECT. CT. DR. RICE ROAD CHIQUITA GLASGOW CT. MIL JEVIC H KILBRIDE PADERO DR. WAY AVE. MT. GL ASGOW LEONARD RD. SURREY EDINBURG DR. TRAIL DR. MEADOW CT.
DR. LN. GLEN BRAE GLEN BRAE DR. CT. CT. VILLA OAKS ROAD CLOTHILDE MANOA DEBBLE CT. CT. DR. CT. SUNNYVALE ARGONNE CHALET BONNIE AVE. KAHALA OLD OAK BRIAR SARAVIEW CT. LN.ALDER MANDARIN
CT. AVE. RUSSEL LN. DR. LN. DR. HAMMONS RUSSELL THELMA AVE. QUARRY VAQUERO WY. WAY VIA LN. EDEN SARAVIEW RD. WAY CT. SARAHILLS FRANKLIN AVE. DR. DR. AVE. REGINA SARAHILLS WAY CT. CT.
PL. JIMS SARATOGA VISTA LN. PIERCE TREE ANN CT. CAMINO CT. KODIAK TONI OLD CHALET VERDE VISTA LN. TACUBA VISTA MERRICK DR. CT. RICO AVE. VERDE LN. HOWEN BOYCE EL CALLE WOODWARD LEXINGTON
CT. DR. PRUNE BLOSSOM VISTA SARATOGA BEAUMONT TAMWORTH RD. AVE. HERRIMAN REGINA AVE. SEATONRIVER LANNOY AVE. UPPER AVE. CT. RANCH HILL DAMON SARATOGA DEERPARK RD. TRINITY CT. CIRCLE
SARATOGA HERRIMAN CT. DR. MALCOM PIKE AVE. DR. CT. LANE AVE. SARATOGA ALBAR LYNDE HILLS CT. JERRIES RD. HILL GERNEIL MT. EDEN CT. TRINITY AVE. CT. RD. OAK RD. AVE. DR. LYNDE LN. JUNETRINITY
CT. PIKE AVE. WAY DORENE AVE. WILLIAMS LACEY RIO AVE. ST. PONTIAC ROAD SHADOW LOMA WAY HEBER TEERLINK VISTA HOLLOW COURT REID DR. ALTAWAY WALNUTAVE. LN. SEAGRAVES LN. ELVIRA SQUIRREL
WY. PALOMINO WAY PL. RD. VICTOR VIEW WOODVIEW DR. WORDEN JUNIPER LANE WY. CANYON MARION DORSEY MICHAELS WAY LOVELAND CT. DR. WAY LN.ARBELECHE BURNS SULLIVAN LN. AVE. VIEWAVE. CT. DURHAM
BARKSDALE TOLL SARATOGA PIERCE GLENMONT CT. LN. CANYON VIEW BROOKWOOD WAYAVE. SARATOGA GATE WAY LA PALOMA DR. ORCHARD RD. HEIGHTS DOUGLASS CANYON DR. DR. LUTHERIA AVENUE PAUL CT. ELVA
SPRINGER 4TH ROAD DEER CANYONVIEW SPRINGS PARK WILDWOOD AVE. DR. WAY AVE. CT. SARATOGA PL. ST. ESTERLEE OAK PL. WAY SPRINGER FIELDSTONE 3RD DR. ST. HEIGHTS CT. 4TH SPRINGER FIELDSTONE
CT. ST. ROAD PLACIDA AVE. CT. GLEN WY. DEEPWELL ST. ROAD STONERIDGE CT. VINTAGE MILL BASIN SPRINGER DR. CREEK LN. HORSESHOE 5TH WESTCOTT DR. LUMBERTOWN RD. BERRY FOREST ST. ROCKY BIG6TH
AMBRIC LN. WILD HILLS CT. AVE. DR. ST. DR. CARNELIAN KOMINA HORSESHOE ST. KNOLLS LN. RD. SYCAMORE ST. CHARLES GROVE SPRINGER LOMITA AV. HAYMEADOW ST. PAMELA AVE. WAY AVE. OAK RD. BELLA
TOLL BANK HALL ALOHA VICKERY RD. CONGRESS GATE LN. LN. SARATOGA PL. RD. AVE. VICKERY VISTA JACKS BUTANO CODY PIERCE TERR. 9 ROAD CONGRESS AVE. CONGRESS SPRINGS RANCHO BELLA CALLE SPRINGS
RD. MONTALVO MENDELSOHN VISTA 9 LN. AUDR EY SMITH LN. BONNIE BRAE WAY VINERD. VICKERY ST. MONTALVO OAKS LN. LN. AVE. HILL BONNE BOHLMAN BRAE NORTON WINN RD. LN. AVE. MONTALVO MONTALVO
HEIGHTS RD. DR. RD. HUME RD. WILDCAT QUAIL RUN CT. HILL DR. PIEDMONT SIGAL LN. MONTALVO DR. RD. MADRONE RD. RD. ARCHIBALD RD. BELNAP KITTRIDGE BOHLMAN DR. HILL SUNSET DR. PEACH PUENTE
BLYTHECT. MALLORY CT. CT. RIDGE HERITAGE LOS PARK S. WY. ACRES BOUNTIFUL WAY DR. WAY DR. DR. CT. RHONDA DIAL W Y. DIAL MILLER SLIDA CASTLE DR. DR. MANOR WAY KNOLL WALBROOK DR. COUNTRYPARK
WAY VICANNA DR. OAK EILEEN OAK ROYAL GLENMOOR ANN DR.ALDERBROOK DR. WAY WAY GRAYWOOD DR. WAY WAY WIST ERIA KAVENY CT. WAY DR. LASSEN CT. BING SUZANNE BRENTON AVE. AUGUSTA AVE. DR. WAY
STEPHEN HECKMAN GROVE JANARY WAY BROOKHURST DR. MC KELLAR WAY DRIVE JOY CT. DR. DR. DR.DR. DR. LN. DR.PETAL WAY DR. STURGEON WELLFLEET LARKIN WAY BROOKHAVEN WAY PLYMOUTH ELKA PINE DR.
SHADYBROOK AV. BONNIE AVE. JOHNSON DR. CT. DR. DR. FERGUSON CT. BIBEL WALBROOK DR. AVE. GREENE CONSTANSO SQUIREDELL DR. DR. CLARKSPUR BROOKNOLL ELMAR TERESITA CT. MAYFLOWERCT.OSO FIELDS
ENGLISH IVY TARTARIAN DANROMAS CRESPI PROVINCETOWN CAMEO LN. GRAVESLN. DEERFIELD EL AVE. TRACEL DR. BROOK PILGR IM AVE. SUNNYBROOK NORFOL K BROOKRIDGE CT. PETERSON DR. LN. CT. MAYME
ROAD BROOKGLEN AVE. PROSPECT LYLE CT. COLBY ERIC DR. ERIC DR. MAURICE CT. LN. ARDMORE FERNBROOK LN. CT. DR. CT. LN. ASCENSION ASCENSION DR. MILLER RD. INGRID AVE. DR. WAY DR. AVE. DR.
DR. KRISTY OAKHAVEN ARDEN CT. ASHTON CT. TERRENCE CT. MELINDA CAMPBELL LYNBROOK CT. CT. DR.SQUIRE CANDY LADERA AV. MELLOWOOD CABERNET SAN MILLER COUNTRY CIRCLE CT. DR. SCULLY GREENBROOK
PALO CT. SOMERVILLE CT. SOMERVILLE AVE. CT. DR. SARATOGA CT. AVE. CT. CANDY DRIVE MABEL LOLLY BROOKVIEW WALDEN ELISA AVE. DR. DR. DR. KOSICH DR. AVE. AVE. CT. FALMOUTH MILLERCT. DR.
KOSICH NORTHAMPTON ROAD CT. DR. CT. OBRAD TITUS CT. CT. DOVER NEWPORT DR. NORTHHAMPTON DR. WESTVIEW WAY DR. WOODSIDE DR. PALMTAG ELMWOOD QUITO SARATOGA CREEK RADOYKA WAY LOLLY WAY BROOKGLEN
WY. CYRIL MILLER LARCHMONT SCULLY DR. CT. TIBERAN AVENUE COLUSA DORCH ESTER DR. DR. WY.DR. WESTVIEW AVENUE WY. AVE. CURRY AVE. SEA TIBERAN CT. DR. SOLANA RALEIGH CT. CT. CERRO PL. NORTHAMPTON
WOODSIDE ANSLEY EDINAPALMTAG DR. LN. BELLWOOD DR. DR. SERGE NANTUCKET JOLENE ASHLAND COLUSA CIR. DR. CT. PASEO PL. AVE. DR. PICO NORTH LAWN FLORES TITUS CT. DR. HARGRAVE DR. DR. GULL
WAY FREEWAY HOLYOKE DELL CT. TITUS GUNTHER OL IVOS CT. WOOD CT. CT. PASEO LARCHMONT VENDURA CT. CT. CREEK CAMBRIDGE EASTON LN. CT. OLIVOS CT. PASEO OLIVOS NEEDHAM GLEN EASTON LN. WAY
LN. SUN PASEO PASEO ELMGROVE BIARRITZ VALLEY COLUSA LN. CT. PASEO CT. BROCKTON MELLON PLYMOUTH RADOYKA CT. SARATOGA DR. BIARRITZ DR. YUBA CT. LN. ROAD SARATOGA WY. ELMGROVE BIARRITZ
LN. BROCKTON DR. LN. GLEN BACH CT. CT. AVE. RODONI BUCKNALL AVE. BROOK CT. DARIEN WY.AVE. PL. COXHOMES PARK WAY GLEN BRAE CIRCLE SHALEN CT. AVE. SARA TIERRA PASEO DR. SHUBERT DEHAVILLAND
OAKS CT. MILLER CT. DR. PALO RD. CT. ABERDEEN CT. CT. BETLO PRESADA CHAPARRAL DR. PASEO PUEBLO NEWHOUSE CT. CT. COLUMBINE TAMIE ARLEEN DR. JUNIPERO AVE. BOBBIE DEHAVILLAND VILLAGE WAY
AVE. DR. COX DR. DR. AVE. PALERMO BAYLOR CT. ANZIA LADO PASEO JACCARANDA DR. LA VISTA PURDUE CT. CT.CHARDONNAY CT. CT. VIA REAL DR. VIA AVE. DEVON WAY LA VISTA BRAE REAL VANDERBILT VIA
ESCUELA VIA ESCUELA CIR. BELLGROVE MASSON DR. ST. TERRACE CT. VIA DR. AVE. MC FARLAND MADRONAS CT. AVE. CLEMSON GLEN DR. GRANDE DR. CT. DR. PASEO CUMBERLAND ST. AVE. MARTHA VIA ROBLE
GRANDE DR. CT. VIA SWARTHMORE CONGRESS ST. ANN CRESCENTE JUNCTION WOODLEIGH VIA CHARTERS TEN OAK CT. CT. CT. ST. DR. CT. ST. QUITO MADRONAS VIA BLANC VILLANOVA VIA MC COY MC COY AVE.
AVE. RANCHERO CT. HEATH GLENBRIAR MONTROSE SCOTLAND CT. DR. AVE. ST. VIA KEVIN AVE. ARRIBA DUNDEE MONTREAL LN. VIA DAGMAR LA SALLE MC DOLE AFTON DR. MONTE WAY VIA MADRONAS AVE. WAY BONNET
DR. TISDALE DR. CT. LN. VIA FONTAINE WAY DR. PORTOS CARRICK DR. MC CULLOCH BREWICK AVE. WAY VIA DR. WOODBRAE WAY BRAEMAR CT. CT. WAY RANFRE DR. MONTE DR. DR. CHRISTIE SARATOGA PL. EMANUEL
ABDULLAPORTOS MORAY YOR KTON WAY CT. HOLIDAY CT. WAY KILT CT. DR. CT. CT. BREO KODIAC HARPER LN. ALVARADO CT. TWEED KINGSTON DR. PORTOS SOUSA HALIFAX PL. LN.LISA DR. LN. WARD DR. CASA
1 PINETREE TERR. BONNET WAY BLANCA 2 PONDEROSA TERR. TORO MARIE CT. 3 PEACH TERR. RONNIE LN. WESTMONT HOLIDAY OAHU 4 POPLAR TERR. DR. LOMOND CT. CT. CRESTBROOK AVE. KERWIN RANCH CT.
LN. LA PAZ WAY ASPESI WESTOVER MYREN RIVERDALE DR. MYREN METLER DR. CT. CT. WENDY MERRIBROOK ROSSMERE PONDEROSA SPRINGHILL CT. CT. CT. TERR. FERNCREST CT. DR.LYONS PINETREE QUITO DR.
ROUNDTREE CT. CT. TERR. PEACH WAY DR. TERR. HARLEIGH ASPESI CT. DR. CT. POPLAR DR. ROUTE TWAIN HARLEIGH CT. TERR. CT. RAILROAD HARLEIGH CT. FORTUNA 85 MANTECA CT. ORLEANS RICHELIEU ATHOS
ALCOTT PL. WAY PEREGO WAY YERBA CT. ELWOOD PORTOS CT. WAY DR. DOLPHIN RAVENWOOD DR.SANTA CT.ALTO MONTPERE SERRAOAKS VIAALLENDALE AVE. ESPADA ELWOOD CT. ALLENDALE BARCO AVE. LOQUAT CT.
RAVEN DR. CT. CAMINO AVE. AVE. ELWOOD DR. CAMINO DR. DE LO S HYDE RAVENWOOD DR. BARCOS MARILYN QUITO GARDNER L ANE OAKSDR. WAY BEARDEN APRICOT MONTAUK DR. WAY DR. CHESTER HILL CT. CT.
MARSHALL SHORT DR. LN. DR.SOBEY LN. HILL CT. HYDE DR. MEADOWS LINDA SIERRA DR. EL CASA ST. CT. CT. TAOS PALMS CT. OLIVAR GRANDE ARCADIA OKANOGANROAD ACRES FRUITVALE ST.CT. TEN RIO PLAZOLETA
SOBEY VISTA RD. TEN CASITAS ST. VISTA TAOS CT. AVE. RD. KENOSHA MACLAY CT. MINOCQUA CT. CT. LANE VIA ACRES TAOS DR. TESORO EL PINAR WOOD CHESTER OLD EVANS LAGO ALTURA DEL VISTA DOUGLASS
LANE ROAD CT. WOOD RD. CORDWOOD OLD DONNA LN. CT. AVE. LAGO NUTWOOD RD. WALNUT CT. VIA WAY CALLE LN. BLACK CASITAS CHESTER CIR. CAMPO SAN MARCOS RD. ALTURA SAN MARCOS LELAND RD. OMEGA
COLLADO VISTA VIA VERSAILLES WAY WAY BURGUNDY EL QUITO ALTURA LN. WAY LOS PUENTE OLD CT. AVE. VESSIN G RD. OLD ADOBE CHESTER WAY CHABLIS ALTURAVISTA OAKS CT. CT.OAK WY. DR. RINCONADA
WILD SOBEY WAY OAKS CT. AVE. FARWELL RD. AVE. MISTLETOE RIESLING RD. CT. WAY RD. ZINFANDEL ADOBE CT. CT. AVE. OAK AMBLESIDE DR. HILL MONTCLAIR WOODBANK SPRING MONCLAIR PINNACLE CT. LA
LIVE BROOK LN. POSADA CT. PLAZA GRANITE GYPSY WAY WAY POSADA CIMAS ANDREW FARW ELL CT. LA ARBO LADO LN. CRISP WAYVIA CRISP LAS AVE. CT. AVE. CT. CT. AQUINO OAKS RD. THREE BARANGA RANCHO
WAYVALLECITOS CT. WAY TERORES FRUITVALE HAUN DE GRANITE VIA TERESA BICKNELLVIA OAKS THREE WAY VERONA LN. CT. LN. BESTVIEW WAY CT. DR. RD. CT. VISTA VALLE SPERRY DR. DR. ROAD ENCINA SPERRY
QUITO ORIOLE ROAD EL VISTA AVON CT. EL MAUDE AVE. LN. CT.LOMITA ALONDRA LUCIN DA DR. GREGORY LN. BECKY VALLE SOBEY PL. ORIOLE WAY STRATFORD JO 9 LN. VIA COLINA JANOR ALMA CT. PANORAMA
BELLE MONTE WAY CAMINO DR. CT. RD. TAMSON CT. BLUE GUM GRANDE WAY VIA VIA ENCANTADA VIA CREEKS TWIN VISTA CHADBOURNE CABALLERO CT. BANYAN 9 DR. LN. PEPPER LN. QUITO DR. SARATOGA UNA
WOOD VAQUERO MONTE GLEN DR. VIA SUNN YSIDE DR. WAY OAK DR. OAKS LOS DR. SKY LN. DR. GATOS HILLVIEW WAYAVE. CITRUS AUSTIN BAINTER DR. AUSTIN TOYON LAUREL RIDGE BAINTER DR. WAY CREST ORO
DEER VINTNER CT. MASSON CT. DEER CANYON LN. HILLTOP WY. MINA WY. MAGNOLIA CT. PETUNIA CT. EL DORADO CT. STERLING OAK CT. GORDON CT. OAK HOLLOW LN. BARONI CT. QUAIL ACRES RODEO CREEK
HOLLOW CT. BOUGANVILLEA CT. PERALTA CT. SEVILLA BELLA VINA EMERALD HILLS CT. 0 0.25 0.5 1 1.5 2 . Miles Copyright 2006 County of Santa Clara, All Rights Reserved City of Saratoga Designated
Hazardous Fire Area -Early Warning Alarm System For use in administering Early Warning Alarm System Requirements per Saratoga City Code Sections 14-25.110, 25.110, 15-80.090 and 16-60-010
et seq. Legend Hazardous Fire Area Saratoga City limit 228
Page 1 of 2 SARATOGA CITY COUNCIL MEETING DATE: February 20, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director Public Works Director SUBJECT: Addition and Alteration to the North Campus Fellowship Building – Award of Construction Contract RECOMMENDED ACTIONS: 1. Move to
declare CRW Industries, Inc. to be the lowest responsible bidder on the North Campus Fellowship Hall Addition and Alteration Project. 2. Award a construction contract for the North Campus
Fellowship Hall Addition and Alteration Project to CRW Industries, Inc. in the amount of $627,114 and authorize the City Manager to execute the same. 3. Authorize staff to execute change
orders to the construction contract in the amount of $62,000. 4. Adopt Budget Resolution amending the Fiscal Year 2007-2008 budget. REPORT SUMMARY: Sealed bids for the North Campus Fellowship
Hall Addition and Alteration Project were opened on January 29, 2008. A total of ten contractors’ submitted bids and a summary of the bids received are attached. CRW Industries, Inc.
of Campbell submitted the lowest bid of $605,629. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice inviting
Sealed Bids dated December 6, 2007. The scope of work consists of supplying all labor, equipment and materials to renovate Fellowship Hall building and construct a new addition that
includes restrooms and entry room. Current Funding Available: CIP Funds: $205,549 Donations: 149,000 City Matching Funds: 40,000 Special Project Fund: 450,000 $844,549 229
Page 2 of 2 Construction Costs: Base Bid: $360,866 (Sprung Wood Floor Included in Base Bid) Add Alternate 1: 163,853 Add Alternate 2: 102,395 Add Alternate 3: (21,485) Low Bid: $605,629
Reject Add Alternate 3: $21,485 (Rejects Vinyl Flooring Credit) Total Construction Contr.: $627,114 10% Const. Contingency: $62,000 Electrical Panel Upgrade: $120,000 (Needed for New
Electrical Load Demand) Site Lighting Upgrades: 20,000 (Site Lighting) Assistive Listening: 10,000 Construction Support: 5,000 (Design Architect) Total Project Cost: $844,114 FISCAL
IMPACTS: A budget resolution amending the current fiscal year budget is attached. The amount of the budget resolution will be dependent on which construction option is approved by City
Council. Funding is available in the amount of $450,000 in the Special Projects Fund. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: CRW Industries, Inc. would not be selected for
this project. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all the bids and direct staff to re-bid the entire project
again. ALTERNATIVE ACTION(S): Council could choose another Construction Option listed in Attachment 4. FOLLOW UP ACTION: CRW Industries, Inc will be notified to start construction as
described above. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Bid Summary 2. Budget Resolution 3. Contract 4. Construction Options 230
ATTACHMENT 1 CRW Industries, Inc. Coast Side Associates Quality Plus Construction, Inc. ICC General Contractors, Inc. Rodan Builders, Inc. Page Construction Company Calstate Construction,
Inc. Romano Construction, Inc. Swenson and Associates Cen-Con, Inc. ITEM QUANT. UNITS DESCRIPTION 1 1 LS New Addition and basic Alterations to Building A and B. All work and materials
associated with New Addition that includes restrooms and entry room as specified in the this bid packet and plan set including but not limited to mobilization, demolition, earth work,
concrete work, ironwork, framing, roofing, carpentry, millwork, electrical work, painting, plumbing, HVAC system, alarm system, finish work, miscellaneous work, and cleanup. Existing
Building PART A. Work and materials associated with following basic alterations to the Existing Building PART A: moving walls, painting, replacing and/or moving doors and windows, removing
all old items from kitchen including cabinetry, shelving, appliances, removing kitchen flooring to concrete, capping of drains, installing plumbing supplies in walls, counter shutter
to half-wall, alarm system, installing carpet tiles, roofing, installing HVAC system and duct work and all work needed to extend utilities to New Addition and Part A. Existing Building
PART B. All work and materials associated with removal, replacement and/or relocation of all doors in Existing Building PART B including door hardware and installing HVAC duct work.
Concrete Walkways. All work and materials associated with new concrete walkways. Cleanup associated with all work in this bid item. 360,866.00 558,217.00 661,021.00 551,500.00 699,000.00
697,103.00 700,000.00 785,816.00 700,000.00 795,000.00 1 Alt. 1 LS Remainder of work – Existing Building Part A. Work associated with alterations to the Existing Building PART A not
included in the Total Base Bid Item 1 above. This includes updating all electrical to plan requirements, painting all walls, wall insulation, in the kitchen installing cabinetry, shelving,
appliances, flooring, installing new stucco siding and all remaining work and materials associated with alteration of the Existing Building Part A as specified in this bid packet and
plan set. Cleanup associated with all work in this bid item. 163,853.00 75,354.00 48,000.00 104,000.00 59,000.00 77,735.00 122,000.00 125,000.00 170,000.00 240,000.00 2 Alt. 1 LS Remainder
of work -Existing Building Part B. Work and materials associated with alterations to the Fellowship Hall Existing Building PART B except of work and materials specifically included in
the Base Bid Item 1 above. This includes removing existing soffit, ductwork, flooring, wall panels, wall insulation, vents, glazing, roofing, and other items as shown in demolition plans
and construction of all remaining items as specified in this bid packet not included in Base Bid Item 1 above. Cleanup associated with all work in this bid item. 102,395.00 91,701.00
15,000.00 122,500.00 72,000.00 62,032.00 50,000.00 71,000.00 173,000.00 98,000.00 3 Alt. 1 LS Alternate costs to install VCT flooring, not shown in plans, in place of installing sprung
hardwood flooring in the Existing Building PART B per the Specifications. Work, materials and cleanup associated with all work in this bid item. (21,485.00) (27,101.00) (7,200.00) (22,000.00)
(6,000.00) 6,612.00 7,000.00 (25,000.00) (11,000.00) 65,000.00 605,629.00 698,171.00 716,821.00 756,000.00 824,000.00 843,482.00 879,000.00 956,816.00 1,032,000.00 1,198,000.00 BID SUMMARY
-ADDITION AND ALTERATION TO FELLOWSHIP HALL AT THE NORTH CAMPUS TOTAL BID ITEMS BASE BID ITEMS ALTERNATE BID ITEMS CITY OF SARATOGA Bid Opening Date: January 29, 2007, 10:00 am 231
RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2007/08 TO PROVIDE FUNDING FOR THE ADDITION AND ALTERATION
TO THE NORTH CAMPUS FELLOWSHIP HALL BUILDING WHEREAS, the City Council desires to renovate and improve the North Campus Fellowship Hall Building in the City; and WHEREAS, financing in
the amount of $639,000 is needed for said project; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2007/08 budget as follows: Account Description Account# Amount
To accept donation for North Campus Improvement Project: North Campus Improvement Project – Donation 762-7777-471-0300 $ 149,000 To transfer funding from North Campus Matching Funds
Project to North Campus Improvement Project North Campus Matching Fund Transfer Out 775-7777-597-1099 $ 40,000 North Campus Improvement Transfer In: 762-7777-490-1001 $ 40,000 To transfer
funding from Designated for Special Projects FB to North Campus Improvement Project: General Fund Transfer Out: 001-1050-597-1099 $ 450,000 North Campus Improvements Transfer In: 762-7777-490-1001
$ 450,000 To appropriate expenditures for the North Campus Improvement Project NC Improvement Project – Construction Exp 762-7777-622-5807 $ 639,000 NOW, THEREFORE, BE IT RESOLVED, that
the City Council of the City of Saratoga hereby approves adjustments to the Fiscal Year 2007/08 budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted
at a regular meeting of the Saratoga City Council held on 20th day of February 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Ann Waltonsmith,
Mayor City of Saratoga Attest: _______________________ Cathleen Boyer, City Clerk 232
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ATTACHMENT 4 CONSTRUCTION COST OPTIONS FOR THE NORTH CAMPUS FELLOWSHIP HALL RENOVATION Current Funding Available: CIP Funds: $205,549 Donations: 149,000 (Funds Available for Option 3B
Only) City Matching Funds: 40,000 (Funds Available for Option 3B Only) Special Project Fund: 450,000 $844,549 Construction Costs: Electrical Panel Upgrade: $120,000 Site Lighting Upgrades:
20,000 Assistive Listening: 10,000 Construction Support: 5,000 Total Support Costs: $155,000 Base Bid (ADA Restroom, HVAC, & Sprung Flooring): New Addition that includes restrooms and
entry room including mobilization, demolition, earth work, concrete work, ironwork, framing, roofing, carpentry, millwork, electrical work, painting, plumbing, HVAC system, alarm system,
finish work, miscellaneous work, cleanup, moving walls, painting, replacing and/or moving doors and windows, removing all old items from kitchen including cabinetry, shelving, appliances,
removing kitchen flooring to concrete, capping of drains, installing plumbing supplies in walls, counter shutter to half-wall, alarm system, installing carpet tiles, roofing, installing
HVAC system and duct work and all work needed to extend utilities. All work and materials associated with removal, replacement and/or relocation of all doors in Existing Building including
door hardware and installing HVAC duct work. All work and materials associated with new concrete walkways. Cost = $360,866 Add Alternate 1 (Kitchen): Work associated with alterations
to the Existing Building not included in the Total Base Bid Item 1 above. This includes updating all electrical to plan requirements, painting all walls, wall insulation, in the kitchen
installing cabinetry, shelving, appliances, flooring, installing new stucco siding and all remaining work and materials associated with alteration. Cost = $163,853 Add Alternate 2 (Soffit
& Ductwork): Work and materials associated with alterations to the Fellowship Hall Existing Building except of work and materials specifically included in the Base Bid Item 1 above.
above. This includes removing existing soffit, ductwork, flooring, wall panels, wall insulation, vents, glazing, and roofing. 260
Cost = $102,395 Add Alternate 3: Alternate costs to install Vinyl Composition Tile (VCT) flooring in place of installing sprung hardwood flooring. Cost = ($21,485) Construction Cost
Options: The following information lists options connected to varying levels of improvements (Add Alternates) and their associated costs to the Fellowship Hall. The options run from
cheapest to most expensive. Note: The main difference between Options A & B is Option A’s do not include sprung hardwood flooring via a credit in Add Alternate 3 that substitutes a cheaper
flooring. • Option 1A: Base Bid: $360,866 Add Alternate 3: (21,485) 10% Contingency: 34,000 Support Costs: 155,000 $528,381 • Option 1B: Base Bid: $360,866 10% Contingency: 36,000 Support
Costs: 155,000 $551,866 • Option 2A: Base Bid: $360,866 Add Alternate 1: 163,853 Add Alternate 3: (21,485) 10% Contingency: 50,000 Support Costs: 155,000 $708,234 • Option 2B: Base Bid:
$360,866 Add Alternate 1: 163,853 10% Contingency: 52,000 Support Costs: 155,000 $731,719 • Option 3A: Base Bid: $360,866 Add Alternate 1: 163,853 Add Alternate 2: 102,395 Add Alternate
3: (21,485) 10% Contingency: 60,000 Support Costs: 155,000 $820,629 261
• Option 3B: Base Bid: $360,866 Add Alternate 1: 163,853 Add Alternate 2: 102,395 10% Contingency: 62,000 Support Costs: 155,000 $844,114 262