HomeMy WebLinkAbout03-19-2008 City Council Agenda PacketAGENDA SPECIAL MEETING SARATOGA CITY COUNCIL MARCH 19, 2008 SPECIAL MEETING -5:30 P.M.-ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER – 5:30 P.M. REPORT
OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on March 14, 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. CLOSED SESSION
– 5:30 P.M. – ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel – Anticipated Litigation: Significant exposure
to litigation pursuant to Government Code 54956.9 (b) (2 Items) ADJOURNED TO CLOSED SESSION OPEN SESSI?ON – 6:00P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING
TO ORDER – 6:00P.M. 1. Joint Meeting with the Saratoga Planning Commission 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). 1
2 Certificate of Posing of Agenda: I, Ann Sullivan, Acting, 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 29, 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.ca.us Signed this 14th day of March 2008 at Saratoga, California. Ann Sullivan, CMC, Acting City Clerk
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, March 19, 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 March 14, 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 Council Direction
to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamations Recognizing the House Family Foundation
and the Saratoga-Monte Sereno Community Foundation for their Support of the North Campus Recommended action: Acknowledge proclamation. 2. Appointment of Heritage Preservation Commission
and Oath of Office Recommended action: Adopt the attached resolution appointing one member to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of
Office 1
SPECIAL PRESENTATIONS CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council
member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers
are limited to three (3) minutes. 3. City Council Minutes – March 5, 2008 Recommended action: Approve minutes. 4. Review of Accounts Payable Registers Recommended action: That the City
Council accepts the Check Registers for the following Accounts Payable cycles: February 28, 2008 March 6, 2008 5. Authorization to purchase two Chevrolet Silverados and two Chevrolet
Colorados in the amount of $84,250 and declaration of surplus properties and authorization of disposal Recommended action: 1. Move to authorize the purchase of two 2008 Chevrolet Silverados
(one 1500 Model and one 3500 Model) and two 2008 Chevrolet Colorados from Courtesy Chevrolet (Morgan Hill) in the amount of $84,250 2. Move to declare the following vehicles as surplus
and authorize their disposal •1992 GMC 3500 1-ton--vehicle # 81 •1995 GMC Sonoma--vehicle # 84 •1996 GMC Sonoma--vehicle # 91 6. City of Saratoga Personnel Rules and Policies – Part
II of II Recommended action: Adopt the resolution approving the City of Saratoga Personnel Rules and Policies – Part II of II. 7. 2006 Pavement Maintenance Program -Notice of Completion
Recommended action: Move to accept the 2006 Pavement Maintenance Program as complete and authorize staff to record the Notice of Completion for the construction contract 8. Resolution
Supporting Extended Producer Responsibility Recommended action: Adopt resolution supporting Extended Producer Responsibility. 9. Amendment to the Independent Contractor Agreement for
Metropolitan Planning Group – FY ‘07/08 2
Recommended action: Authorize the City Manager to execute the agreement to increase by $18,000 the contract amount with Metropolitan Planning Group for planning and development services.
10. Resolution Concerning Green Building Policies Recommended action: Adopt the attached resolution: 1. Formally recognizing Leadership in Energy and Environmental Design (LEED) and
Build It Green’s GreenPoint Rated systems as official City of Saratoga green building reference documents for informational and educational purposes; 2. Directing the City’s Community
Development Department to provide LEED and/or GreenPoint Rated system checklists to building permit applicants, and to require the completion and submittal of the appropriate checklist
(based upon project type and scope) as part of the planning application. The LEED and/or GreenPoint Rated checklist is for informational purposes only and will not be utilized by the
Planning Commission in support of its findings; and 3. Establishing a standard of LEED Silver certification or better for all City-owned new construction and renovation projects over
five thousand (5,000) square feet. 11. Council Contingency Funds Recommended action: Approve budget adjustment to appropriate additional Council Contingency funding 12. Agreement to
provide annual audit services Recommended action: Authorize City Manager to enter into an agreement for professional auditing services with Vavrinek, Trine, Day & Co CPAs PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for opening statements. Members of the public may comment on any item for up to three minutes. Applicant/Appellants
and their representatives have a total of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 13. FY
2008/09 Community Development Block Grant Funding Recommended action: 1. Conduct the Public Hearing. 2. Adopt the attached Resolution (Attachment B) authorizing the Community Development
Department to submit funding allocations to Santa Clara County for CDBG proposals totaling $133,214. 14. Public Hearing and Adoption 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. 3
Recommended action: (1) Conduct a public hearing concerning the attached ordinance and resolution introduced at the City Council meeting of February 20, 2008; (2) Adopt the 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; (3) Adopt the resolution regarding the need to modify the California Building Code due to local conditions. 2. Adopt the attached Resolution (Attachment B) authorizing
the Community Development Department to submit funding allocations to Santa Clara County for CDBG proposals totaling $133,214. OLD BUSINESS NEW BUSINESS 15. 2008 Spring Issue of The
Saratogan Recommended action: Accept report and direct staff accordingly. 16. Advance Planning Fees Recommended action: Direct Staff Accordingly. 17. Review of Road Maintenance Fee Study
Recommended action: Accept report and provide direction to staff. 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 4
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 CITY COUNCIL ITEMS OTHER 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, Ann Sullivan, Deputy 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 March 14, 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 14th day of March 2008 at Saratoga, California. Ann Sullivan, CMC
Acting City Clerk 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 3/19 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 – Tentative Joint Meeting with the Saratoga Ministerial Association 11/19 Regular Meeting – Tentative
Joint Meeting with the Saratoga Ministerial Association 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – No Joint Meeting Scheduled 6
SARATOGA CITY COUNCIL MEETING DATE: December 5, 2007 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: Proclamations Recognizing the House Family Foundation and the Saratoga-Monte Sereno Community Foundation for their Support of the North Campus
RECOMMENDED ACTION: Acknowledge proclamation. BACKGROUND: During the February 20, 2008 Council Meeting, the Council accepted a $149,000 donation from The House Family Foundation administered
by the Saratoga-Monte Sereno Community Foundation (SMSCF). The money will be used to cover some of the expenses of remodeling Fellowship Hall at the North Campus. Located in Saratoga,
the House Family Foundation was established in 1999 by retired Chairman/CEO of Bay Networks and former Intel Executive Dave House. The House Family Foundation supports a variety of causes,
many of which encourage disadvantaged youth to become interested in technology, math, science, and engineering. The Foundation’s Board of Directors includes Dave House, his son Bob House,
his daughter Shelley Cargill, and stepson Robert Olsen. The SMSCF is a local non-profit that was developed in 2004 to improve the quality of life in the Saratoga and Monte Sereno area.
The Board of Directors is active in developing partnerships that strengthen community resources, including public facilities like the North Campus. SMSCF assists organizations, like
The House Family Foundation, by helping these organizations identify charitable causes to support. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A Page
1 of 2 7
Page 2 of 2 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: Proclamation
for House Family Foundation Attachment B: Proclamation for Saratoga-Monte Sereno Community Foundation 8
PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING THE HOUSE FAMILY FOUNDATION WHEREAS, The House Family Foundation, located in the City of Saratoga, was established in
1999 by Dave House; and WHEREAS, The House Family Foundation supports a variety of causes, many of which encourage disadvantaged youth to become interested and pursue careers in math,
science, technology, and engineering—growing fields that offer a wide range of job opportunities; and WHEREAS, The House Family Foundation is overseen by a Board of Directors, comprised
of Dave House, his son Bob House, his daughter Shelley Cargill, and stepson Robert Olsen, as well as Executive Director Joyce House; and WHEREAS, The House Family Foundation has recently
donated $149,000 to renovate Fellowship Hall on the City’s North Campus; the donation will be used to cover the expenses of a new floor, kitchen cabinets, double pane windows, fire alarm
system, improved ductwork, and an assistive listening system for the hearing impaired. NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT THE HOUSE FAMILY FOUNDATION Deserves
our warmest congratulations and highest praise. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 19th day in March 2008. ________________________ Ann Waltonsmith, Mayor
Saratoga, California 9
PROCLAMATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION WHEREAS, The Saratoga-Monte Sereno Community Foundation is a local non-profit
formed in 2004 to improve the quality of life in the Saratoga and Monte Sereno area; and WHEREAS, The Saratoga-Monte Sereno Community Foundation is run by a Board of Directors who work
to foster partnerships within the community to strengthen local resources, including schools, parks, public spaces and facilities, senior services, and libraries; and WHEREAS, The Saratoga-Monte
Sereno Community Foundation makes it easier for donors to support local causes by providing guidance that helps donors meet their charitable objectives ; and WHEREAS, The Saratoga-Monte
Sereno Community Foundation has helped to cover some of the remodeling expenses of Fellowship Hall at the North Campus by acting as the steward for a $149,000 donation from the House
Family Foundation; the donation will be used to cover the expenses of a new floor, floor, kitchen cabinets, double pane windows, fire alarm system, improved ductwork, and an assistive
listening system for the hearing impaired. NOW THEREFORE, THE CITY OF SARATOGA, DOES HEREBY PROCLAIM THAT THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION Deserves our warmest congratulations
and highest praise; WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA on this 19th day in March 2008. ________________________ Ann Waltonsmith, Mayor Saratoga, California 10
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: Appointment of Heritage Preservation Commissioner and Oath of Office RECOMMENDED ACTION: Adopt the attached resolution appointing one member to the Heritage Preservation
Commission and direct the City Clerk to administer the Oath of Office. REPORT SUMMARY: The attached resolution appoints James Sorden to the Heritage Preservation Commission. The term
for this position will expire on April 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: Appointment would not be made to Heritage Preservation Commission. ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Update City’s
Official Roster. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: 11
Attachment 1 – Resolution of Appointment Attachment 2 – Oath of Office 12
RESOLUTION 08-RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE HERITAGE PARKS AND RECREATION COMMISSION WHEREAS, City Council conducted interviews
on March 5, 2008 and appointed one new member to the Heritage Parks and Recreation Commission; and WHEREAS, the term for this positions will expire on April 1, 2012. NOW, THEREFORE,
the City Council of the City of Saratoga hereby resolves that the following appointment was made: JAMES SORDEN The above and foregoing resolution was passed and adopted at an adjourned
meeting of the Saratoga City Council held on the 19th day of March 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST:
____________________________ Ann Sullivan, Acting City Clerk 13
STATE OF CALIFORNIA COUNTY OF SANTA CLARA I, James Sorden, 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. __________________________ James Sorden, Member Heritage Preservation Commission Subscribed and sworn to before me on This 19th day of March 2008. __________________________
Ann Sullivan, CMC Acting City Clerk 14
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave
Anderson SUBJECT: City Council Minutes – March 5, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular
Meeting – March 5, 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 March 5, 2008 15
MINUTES SARATOGA CITY COUNCIL MARCH 5, 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 Richard Taylor, City Attorney Ann Sullivan,
Deputy City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 5, 2008 Ann Sullivan, Deputy City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of
March 5, 2008, was properly posted on February 29, 2008. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Vance Nelson, President of Chamber of Commerce, addressed the Council on the Joint Meeting
held prior to the Regular Meeting. Mr. Nelson stated the Chamber’s goal is to continue to make a positive economic impact on Saratoga by filling the stores with customers. He noted two
major events; the first is a Business Expo that will occur on April 3, 2008 at the West Valley College Dining Hall from 4:00 to 7:00P.M., and the second is Taste of Saratoga on September
20, 2008, and stated the Chamber will continue its monthly Mixers. Norm Koepernik, commissioner on Heritage Preservation Commission, noted that the Mustard Faire on February 10, 2008,
was a huge success with 2700 people attending; and they are already working on next year’s event. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: Lee
Song spoke on Human Rights Torch Relay and their endeavor to protect human rights in China. Citizen Ray had positive comments regarding public safety in Saratoga. He also commented positively
on the new bicycle lane that is open going towards Big Basin.. 16
2 Laura Watkins spoke on the garbage contract renewal and asked Council to consider reinstating the service of picking up recyclable items that do not fit in the recycle can such as
cardboard, plastic, peanuts, etc., to the contract when it comes up for renewal. Marty Goldberg commended the Council on bringing back the Parks and Recreation Commission. Marilyn Marchetti
spoke on behalf of the Saratoga Village Council and invited everyone to the March 15th St. Patrick’s Day celebration in the Village from 3:00 to 5:00PM. Denise Goldberg, Chair of the
Trails Committee, spoke on the completion of the trail conservation project on Saturday in which they restored land that had been damaged and planted new plants. Commended staff members
on a great job in assisting the committee and invited members of the council and audience to participate in the March 15th Parker Ranch hillside restoration. Zhang, along with translation
assistance from Hong, spoke in support of the Falun Gong practitioners in China. Elaine Clabeaux stated how much she and her husband enjoyed last year’s Fourth of July celebration and
recommended the City take on this important day of celebration and asked Council to agendize this event for further discussion. COUNCIL DIRECTION TO STAFF Council Member King responded
to Mr. Song’s comments regarding the Human Rights Torch Relay asked Mr. Song to send a copy of his presentation and scheduled events to the Saratoga Chamber of Commerce and the city
clerk. Kathleen King concurred with speaker Elaine Clabeaux that the Fourth of July event is an important event and asked the Mayor to agendize this item. Vice Mayor Page noted that
he thinks he already has an interested organization that will take over the Fourth of July event from Jack Mallory. Vice Mayor Page also addressed speaker Laura Watkins regarding the
garbage recycling issue; many people have gone to a smaller cart and a larger cart for their recyclables as a solution to the extra recyclables. ANNOUNCEMENTS Councilmember Hunter noted
that on Sunday, March 9, 2008 from 4:00 to 7:00PM the Fashion Show will be at the Foothill Club. All of Saratoga Village is celebrating this event and everyone is welcome to attend and
all the proceeds go to the Village. Mayor Waltonsmith noted the Hakone Foundation is having a meeting on Designing of new Visitors Center on March 18 from 10:00 to 12:00 at the Cultural
Exchange Center. Also, to volunteer for the Trails Committee you can call 868-1274 – Iveta Harvancik at the City to get more information on volunteer information. 17
3 May Waltonsmith also noted that the Greenleaf Citizens Committee meets once a month and the next meeting will be on March 20th at 7:00PM.at Los Gatos Neighborhood Center The speaker
is Bob Caldwell on renewable energy. On St. Patrick’s Day, March 17, 2008 from 11:00 to 1:00 there will be a Green Building Tour of the Silicon Valley Leadership Group of green buildings
in the area. There will be a tour and lunch. On March 17, 2008 at 6:30PM – Immanuel Lutheran Church on Saratoga Avenue, the Historical Foundation is having a public lecture on “Lives
of the Ohlone Indians” along with a potluck. CEREMONIAL ITEMS 1. PROCLAMATION DECLARING THE WEEK OF MARCH 10-14, 2008 AS ‘SCIENCE FAIR WEEK” Mayor Waltonsmith read the proclamation;
no one present to receive proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2. CITY COUNCIL MINUTES -FEBRUARY 20, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KING MOVED
TO APPROVE CITY COUNCIL MINUTES OF FEBRUARY 20, 2008. MOTION PASSED 5-0. 3. CITY COUNCIL MINUTES -FEBRUARY 26, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KING MOVED TO APPROVE
CITY COUNCIL MINUTES OF FEBRUARY 26, 2008. MOTION PASSED 5-0. 4. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: Accepts the Check Registers for the following Accounts Payable
cycles: February 14, 2008, February 20, 2008 PAGE/KING MOVED TO ACCEPT CHECK REGISTERS FOR FEBRUARY 14, 2008 AND FEBRUARY 20, 2008. MOTION PASSED 5-0. 5. MOTOR VEHICLE (MV) RESOLUTION
AUTHORIZING INSTALLATION OF A STOP SIGN 18
4 STAFF RECOMMENDATION: Move to adopt Motor Vehicle Resolution authorizing the installation of a stop sign on Hill Avenue at the intersection of Bonnie Brae Lane PAGE/KING MOVED TO ADOPT
MOTOR VEHICLE RESOLUTION AUTHORIZING THE INSTALLATION OF A STOP SIGN ON HILL AVENUE AT THE INTERSECTION OF BONNIE BRAE LANE. MOTION PASSED 5-0 RESOLUTION: MV – 273 6. LANDSCAPING & LIGHTING
ASSESSMENT DISTRICT LLA-1; RESOLUTIONS INITIATING RENEWAL OF THE DISTRICT FOR FY 08-09 STAFF RECOMMENDATION: 1. Move to adopt the Resolution describing improvements and directing preparation
of the Engineer’s Report. 2. Move to adopt the Resolution appointing the Attorney’s for the District. RESOLUTION(S): -08-010 -08-014 PAGE/KING MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS
AND DIRECTING PREPARATION OF ENGINEER’S REPORT. MOVE TO ADOPT THE RESOLUTION APPOINTING THE ATTORNEY’S FOR THE DISTRICT. MOTION PASSED 5-0 7. PROPOSED REORGANIZATION IN PUBLIC WORKS
DEPARTMENT AND CHANGES TO STAFF CLASSIFICATIONS STAFF RECOMMENDATION: Accept report and approve the proposed classification changes indicated on the attached list. PAGE/KING MOVED TO
ACCEPT REPORT AND APPROVE PROPOSED CLASSIFICATION CHANGES INDICATED ON ATTACHED LIST. MOTION PASSED 5-0 8. CONTINUATION OF HEARING RE NOTICE OF INTENT TO RECORD NOTICE OF VIOLATION STAFF
RECOMMENDATION: Place the previously continued Notice of Intent to Record Notice of Violation regarding a Parcel Map (Recorder’s No. 18995051 -Foster) on the consent agenda and continue
the item to September 3, 2008. PAGE/KING MOVED TO PLACE THE PREVIOUSLY CONTINUED NOTICE OF INTENT TO RECORD NOTICE OF VIOLATION REGARDING A PARCEL MAP (RECORDER’S NO. 18995051 – FOSTER)
ON CONSENT AGENDA AND CONTINUE THE ITEM TO SEPTEMBER 3, 2008. MOTION PASSED 5-0 19
5 PUBLIC HEARINGS 9. APCC08-0001. APPEAL OF THE DESIGN REVIEW APPROVAL GRANTED BY THE PLANNING COMMISSION FOR APPLICATION NO. 07-029: 13921 RIVER RANCH CIRCLE. THE PROJECT INVOLVES DEMOLITION
OF THE EXISTING SINGLE-STORY RESIDENCE AND CONSTRUCTION
OF A NEW, 4,355 SQUARE FOOT TWO-STORY RESIDENCE. STAFF RECOMMENDATION: Deny the appeal, thus affirming the Planning Commission Design Review Approval issued on January 23, 2008. RESOLUTION:
08 -012 John Livingstone, Director of Community Development Department, presented staff report. Mayor Waltonsmith opened the public hearing and invited comments. The following people
requested to speak on this item: Appellants Michael and Jamie VanDeven reside at 13930 River Ranch Circle – stated their opposition to the proposed design review. Tom Murphy , co-appellant
– opposes Design Review; Walter Shaw, co-appellant – opposes Design Review; Walt Hall, co-appellant – opposes Design Review. Omid Shakeri supports proposed Design Review. Chinjg-Yen
Ho, co-appellant – does not support Design Review. Margaret Smith – does not support Design Review. Applicant Masud Maesumi addressed the Council stating he has worked very hard for
the last two years designing his house and working with the neighbors. Mr. Maesumi also said it would not be feasible for him to come back with another design. Mayor Waltonsmith closed
the public hearing. PAGE/KAO MOTIONED TO GRANT APPEAL AND SEND BACK TO PLANNING COMMISSION TO ADDRESS THREE ITEMS: WINDOW ON APPELLANT’S SIDE OF PROPERTY OPEN FROM TOP; ADDRESS ISSUE
OF BULKINESS FROM THE LEFT, THE RIGHT, AND THE REAR BY LOOKING AT MININIMIZING THE SIZE OF THE HOME. MOTION PASSED 3 – 2 WITH WALTONSMITH AND KING OPPOSING. Councilmember King asked
for clarification on what the Planning Commission is directed to do. City Attorney Richard Taylor stated the MOTION was clear on what the Council wants the Commission to do and that
is to focus on the three things; window, bulk on left, right and rear; and to look at minimizing size of house. 20
6 Mayor Waltonsmith declared a 5 minute break at 9:10 p.m. Mayor Waltonsmith reconvened the meeting at 9:18 p.m. 10. APPROVAL OF THE KEVIN MORAN PARK CONCEPTUAL PLAN, MITIGATED NEGATIVE
DECLARATION, AND PLAN IMPLEMENTATION INCLUDING AUTHORIZATION OF CONTRACT FOR FINAL CONSTRUCTION DRAWINGS STAFF RECOMMENDATION: 1. Adopt a resolution approving the Kevin Moran Park Conceptual
Plan, mitigated negative declaration, and plan implementation program. 2. Authorize staff to enter a contract with MPA Design to prepare final plans and construction drawings for a cost
not to exceed $68,000. RESOLUTION: 08 -013 City Manager Dave Anderson presented an overview of what the Kevin Moran Park Task Force did to reach the point of a proposed Design Review.
City Manager Dave Anderson noted that the Task Force asked Council to follow certain guidelines; which are: 1) project be fully funded and the dollars committed; 2) project not be divided
into phases; 3) project is to follow arborist’s recommendations; 4) the environmental phase of the project goes through the normal process; 5) that the fields are practice only; 6) that
a maximum of two users groups have permits at one time and each permitted user get a use permit for a Saturday practice through the normal park rental process at a maximum of three times
a year; 7) and that the City will create a screened area to the baseball court and the sound wall for storage of practice goals for the user groups. John Cherbone, Director of Public
Works Department, presented staff report. At the conclusion of the staff report presentation, Director Cherbone introduced Adam Weinstein from LSA, environmentalist for the City, to
answer any questions Council may have regarding the environmental report. Attorney Richard Taylor pointed out the specifics of the Resolution: 1) history; 2) environmental review; 3)
accepting environmental review and directing staff to proceed with implementing the project. Attorney Richard Taylor also stated that if the Conceptual Plan is approved the Resolution
wording should be re-worded to say that at no point in time would there ever be more than three teams practicing during authorized hours. In addition, the fence height, which is 6 feet
in the Conceptual Plan, be 6 feet with an additional 2 foot lattice work in order to provide more privacy. Attorney Taylor also noted that once you adopt the Resolution, Council separately
direct staff to bring back an amendment to the City Code that would put the use restrictions for the city park into the City Code. Kevin Moran Park Task Force members spoke first: Marty
Goldberg acknowledged efforts of city staff and their many hours on this project. With regards to the project Mr. Goldberg stated he wanted to make a few points. 1) The Task Force wholeheartedly
accepts the development of the park and the current design proposal. 2) Would like to thank the Council in advance for what he hopes to be a positive vote to move this project on to
the next step and for having 21
7 allocated the large funding needed for the project despite the challenging economic times over the past few years. 3) The Task Force advocates for the Council to pass the proposed
Resolution without modification – in particular Section XII, which includes the fundamental principals, which all Task Force members agreed regarding park use by organized sports and
that it be included in the Mitigated Negative Declaration. 4) He supports the proposed Mitigated Negative Declaration as modified by responses to comments. Peter Pranys in support of
the Conceptual Plan and Mitigated Negative Declaration. Elaine Clabeaux in support of Conceptual Plan and Mitigated Negative Declaration. Brigitte Ballingall in support of Conceptual
Plan and Mitigated Negative Declaration. Howard Miller stated he was concerned about the access to bathrooms from the playground; and the location of the soccer goal storage area; could
be moved down 50 feet to the corner. Suggests improving these issues; but overall is in support of proposed plan. Debbie Lillo in support of Conceptual Plan and Mitigated Negative Declaration.
Mayor Waltonsmith opened the public hearing and invited comments. The following people requested to speak on this item: Cheriel Jensen likes the park as it is and opposes the proposed
Conceptual Plan. Ted Clabeaux in support of Conceptual Plan and Mitigated Negative Declaration as modified by the consultants. Bob Alley supports proposed plan and Mitigated Negative
Declaration; however is concerned about traffic and parking. John Pleequo is with DeAnza Youth Soccer in support of Conceptual Plan and Mitigated Negative Declaration. Richard Pearce
in support of Conceptual Plan and Mitigated Negative Declaration. Phillip Costello in support of Conceptual Plan and Mitigated Negative Declaration. Susan O’Neall in support of Conceptual
Plan and Mitigated Negative Declaration and would like the park to have two table groupings with four or five tables each, with the tables within five feet of each other so picnickers
of large groups can use them. Laura Watkins in support of Conceptual Plan and Mitigated Negative Declaration. Scott Emery in support of Conceptual Plan and Mitigated Negative Declaration
and asked for more definition on what a user group is. John Chen made suggestions regarding type of plants and bark without pesticides be used in the park. 22
8 David Mighdol support of Conceptual Plan and Mitigated Negative Declaration. Mayor Waltonsmith noted that there were about 20 emails submitted by people that were unable to attend
the meeting; which were all printed out and distributed to councilmembers just prior to the meeting. Mayor Waltonsmith closed the public hearing. Councilmember King stated the many suggestions
should be considered but is ready to move forward with the proposed plan. Councilmember Kao noted that when she joined the Council she learned very quickly what the community appreciates
and wants and is ready to move forward with the plan and thanked everyone for their hard work. Vice Mayor Page thanked everyone that worked so hard to create this plan and is in support
of this plan and ready to move forward. Councilmember Hunter noted that she has always been concerned about saving the trees and the amount of money needed on one project. Councilmember
Hunter stated she is happy that everyone is in support of the proposed plan. Mayor Waltonsmith is happy with the proposed plan and very much in support of moving forward with the park.
Mayor Waltonsmith thanked everyone that was involved in the project and for all their hard work. Waltonsmith also noted that this particular project could not be done piece-meal, like
many other projects; but needed to be done all at once in order to reach a positive conclusion that was acceptable to everyone. KING/KAO MOVED TO ADOPT RESOLUTION APPROVING KEVIN MORAN
PARK CONCEPTUAL PLAN, AND MITIGATED NEGATIVE DECLARATION, AND PLAN IMPLEMENTATION PROGRAM WITH FOUR ADDITIONS; 1) NO MORE THAN THREE TEAMS AT A TIME; 2) FIND ACCEPTABLE LOCATION FOR
SPORTS EQUIPMENT; 3) AND HAVE A PATH GOING FROM PLAYGROUND AREA TO RESTROOM; TWO FOOT LATTICE ADDED TO SIX FOOT FENCE. MOTION PASSED 5 – 0. Councilmember Hunter stated for the record
that she had originally planned to vote no on the Kevin Moran Park proposed Conceptual Plan due to cost; but decided to vote yes. KING/KAO MOVED TO AUTHORIZE STAFF TO ENTER INTO CONTRACT
WITH MPA DESIGN TO PREPARE FINAL PLANS AND CONSTRUCTION DRAWINGS FOR A COST NOT TO EXCEED $68,000. BRING BACK AN ORDIANCE IMPLEMENTING USE RESTRICTIONS IN RESOLUTIONS AND TO DEVELOP
PLANS FOR A COMMUNITY CELEBRATION AT AN APPROPRIATE TIME. MOTION PASSED 5 – 0. OLD BUSINESS None 23
9 NEW BUSINESS 11. REVIEW A PROPOSAL FROM THE BUXTON COMPANY TO PREPARE A RETAIL SITE ASSESSMENT FOR THE CITY TO PROMOTE ECONOMIC DEVELOPMENT STAFF RECOMMENDATION: Direct Staff Accordingly.
John Livingstone, Community Development Director, presented staff report. Discussion took place amongst councilmembers, city manager and CDD Director John Livingstone regarding retail
site assessment for the City to promote Economic Development. Mayor Waltonsmith invited public comment. The following people requested to speak on this item: Priscilla Ho asked what
would be done with the purchasing data and buying habits of the community once it is acquired since some of the businesses are owned privately, and would some of the costs be borne by
a private developer or is that business owner told they need to do the shopping survey to show what the buying needs are of our community. PAGE/KING MOVED TO ACCEPT BUXTON COMPANY CONTRACT
AND ALLOCATE $20,000 OUT OF COUNCIL CONTINGENCY TO PREPARE A RETAL SITE ASSESSMENT FOR THE CITY TO PROMOTE ECONOMIC DEVELOPMENT. MOTION PASSSED 4 – 1 WITH HUNTER OPPOSING. ADHOC & AGENCY
ASSIGNMENT REPORTS Mayor Ann Waltonsmith reported the following information: Hakone Foundation Executive Committee – Design Meeting on March 18, 2008. Prospect Road AdHoc -Meets on March
27 Vice Mayor Chuck Page reported the following information: Councilmember Page had no reportable information. Councilmember Kathleen King reported the following information: Peninsula
Division, League of California Cities – Discussion took place regarding jails/prisons and the release of 20% of the population; released back into the system. Prospect Road AdHoc – reported
the next meeting is March 27, 2008 and asked if any other councilmember would be interested in this assignment as she would like to spend more time on the TEA issue. Councilmember Hunter
accepted assignment. King also suggested the TEA Adhoc be reconstituted. The purpose of the Adhoc is to advocate that the ERAF Shift be the same as other “low/no tax cities” in the the
state. Councilmember Jill Hunter reported the following information: Councilmember Hunter had no reportable information. 24
10 Councilmember Aileen Kao reported the following information: County HCD Policy Committee -March 20, 2008 committee members will vote and reward grants to agencies. Northern Central
Flood Control Zone Advisory Board – Next meeting May 28, 2008 Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) -Annual dinner scheduled for March
13 and plans to attend. City School AdHoc – Waiting to hear when next meeting will be scheduled. CITY COUNCIL ITEMS Vice Mayor Chuck Page noted the Priest of the Orthrodox Church celebrated
his 25th year in Saratoga and his 30th year as an Orthrodox Priest and sent a nice thank you note to Vice Mayor Page for the award he bestowed upon him. Mayor Ann Waltonsmith requested
staff to conduct a poll of the Council to establish a new time for scheduled Site Visits that will work for all councilmembers. Mayor Waltonsmith also requested staff make copies of
the Bellarmine College Prep Speech Contest letter and provide copies to all councilmembers. Mayor Waltonsmith also asked for staff/KSAR assistance on the stage monitor. CITY MANAGER’S
REPORT Nothing to report. Attorney Richard Taylor informed the Council that if a private organization arranges a meeting of interest to Saratoga, Council Members are allowed to attend
a community meeting and are reminded not to speak at said meeting, converse among one another or make decisions regarding the context of said community meeting. ADJOURNMENT PAGE/KING
MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0. There being no further business Mayor Waltonsmith adjourned the regular meeting at 11:35 P.M. Respectfully submitted, Ann Sullivan, CMC
Deputy City Clerk 25
Dave Anderson Karen Caselli Anil Paul RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: February 28, 2008 March
6, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 02/28/08 107219 107281 63 $434,266.30 02/28/08 02/20/08 107218 03/06/08 107282 107340 59 $238,229.06
03/06/08 02/28/08 107281 Total $672,495.36 AP Date Check No. Issued to Dept. Amount 02/28/08 107232 Community Development $309,499.10 02/28/08 107245 CIP Activity $47,679.75 02/28/08
107273 Various $17,945.46 03/06/08 107302 C.I.P. Activity $147,300.12 03/06/08 107303 Various $10,246.00 03/06/08 107312 General Gov. Svc. $10,216.09 The following is a list of Accounts
Payable checks that were voided or manually issued: AP Date Check No. Issued to Amount 2/28/08 $1,820.68 2/28/08 ($1,032.89) 3/6/08 $0.00 Shute, Mihaly & Weinberg SUBJECT: Review of
Accounts Payable Check Registers. Prior Check Register Ending Check No. Purpose Legal Fees/City Attorney/Litigation -Monthly Services Concrete Repair-Curb, Gutter, Sidewalk Amount County
of Santa Clara -Office of the Sheriff Various El Quito Area Curb Replacement SARATOGA CITY COUNCIL General Finance & Administrative Services Accounts Payable Checks Released Law Enforcement
-Monthly Services March 19, 2008 Total Checks MEETING DATE: Date George Bianchi Construction 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: Accounts Payable Description G. Bortolotto & Co., Inc. Sara-Sunnnyvale Ph 2; Annual Street
Resurfacing Sara-Sunnyale Rd Rehab; 2007 Pavement Mgt. Program Landscaping -Monthly Services Gachina Landscape Management Various Lazer Mower and Mulch Kit M M I Power Equipment of Milpitas
Equipment Replacement ISF CITY MANAGER: AGENDA ITEM: (None) ACCOUNTING SUPERVISOR: Stale Dated Checks Voided and Reissued Stale Dated Checks Voided (previously reissued) C:\DOCUME~1\cboyer\26
LOCALS~1\Temp\Staff Report
The following is a list of cash reduction by fund: Fund # AP 2/28 AP 3/6 Total 001 General 375,284.35 49,901.61 425,185.96 201 Manor Drive Landscape 1 60.00 160.00 202 Ferdericksburg
Landscape 1 32.00 132.00 203 Greenbriar Landscape 3 99.00 399.00 204 Quito Lighting -205 Azule Lighting -206 Sarahills Lighting -207 Village Lighting 6 14.00 614.00 209 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 2 72.00 272.00 225
Saratoga Legends Landscape 9 88.87 7 38.00 1,726.87 226 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 2 45.00 245.00 233 Carnelian Glen 4 06.31 5 19.83 926.14 270 CDBG Administration -271
Saratoga Housing & Rehab.Prg. -400 Library Bond Debt Service -501 Equipment Replacement ISF 10,216.09 10,216.09 502 Information Technology -503 Facility Improvement 1 ,230.92 5 ,025.29
6,256.21 504 Facilities 4 47.17 2 ,654.43 3,101.60 505 Information Technology 1 27.47 6 44.90 772.37 506 Office Stores Fund 9 71.42 1 04.63 1,076.05 510 Liability/Risk Mgt -511 Workers'
Comp -701 Traffic Safety 1 ,430.33 1,430.33 702 Highway 9 Safety -704 89,692.07 89,692.07 706 Sidewalk Annual Project -708 1 ,549.20 57,608.25 59,157.45 716 Highway 9/Oak Pedestrain
-720 KSAR/CATV Agency Fund -724 Village Newsrack Enclosures -726 2 Solar Radar Feedbacks -727 El Quito Area Curb Replacement 47,679.75 47,679.75 731 Storm Drain Upgrades -Fund Description
Annual Street Resurfacing Saratoga Sunnyvale PH 2 27 C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report
The following is a list of cash reduction by fund: (cont.) Fund # AP 2/28 AP 3/6 Total 732 Median Landscape/Irrigation -734 Civic Center Landscape 3 56.41 356.41 735 Village Lights (Zone
7A) -736 Village Trees Lighting -738 Cox Ave Railroad Crossing -739 3 40.00 340.00 744 Village Sidewalk, Curb/Gutter -746 Saratoga-Sunnyvale Gateway -747 -748 El Ca Grante/Monta Vista
-749 Sara-Sun Gateway Sidewalk -752 -755 Warner Hutton House Improv. 1 ,197.60 1,197.60 762 North Campus/19848 Prospect -766 Historical Park Fire Alarm -778 1 ,866.22 1,866.22 780 -783
-785 4 ,760.00 4,760.00 786 -789 -790 5 ,009.50 5 2.00 5,061.50 791 3 05.60 4 ,957.40 5,263.00 792 Alternative Soccer Field 2 65.74 265.74 793 -795 -796 -797 San Marcos OP Space Trail
-434,266.30 238,229.06 672,495.36 ---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 Trail Segment #3 Repair Beauchamp Park
Fund Parks/Trails Repair Sara-Sun ADA Curb Ramps Kevin Moran Hakone Garden D/W Document Imaging Project Prospect Road Medians Wildwood Park -Wtr/Seat El Quito Park Improvement 28 C:\DOCUME~1\cboyer\L
CALS~1\Temp\Staff Report
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SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: ORIGINATING DEPT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Rick Torres DEPT HEAD: John Cherbone SUBJECT:
Authorization to purchase two Chevrolet Silverados and two Chevrolet Colorados in the amount of $84,250 and declaration of surplus properties and authorization of disposal. RECOMMENDED
ACTIONS: 1. Move to authorize the purchase of two 2008 Chevrolet Silverados (one 1500 Model and one 3500 Model) and two 2008 Chevrolet Colorados from Courtesy Chevrolet (Morgan Hill)
in the amount of $84,250 2. Move to declare the following vehicles as surplus and authorize their disposal • 1992 GMC 3500 1-ton--vehicle # 81 • 1995 GMC Sonoma--vehicle # 84 • 1996
GMC Sonoma--vehicle # 91 REPORT SUMMARY: Background: On an annual basis the Street Maintenance Division performs a review of the City’s rolling stock and capital equipment inventory
for future replacement needs. The information is also used to plan for subsequent budget years. Replacement is determined on various factors such as age, condition, mileage and use.
Staff is proposing to surplus three vehicles and purchase four new vehicles. All of these vehicles have surpassed their life expectancy. Staff is recommending sending the surplus vehicles
to Auction. The purchase of new vehicles adheres to the City’s vehicle replacement schedule and will ensure a dependable fleet. Since the inception of “green” vehicles, the City has
made a point of investigating alternative fuel vehicles for its City fleet. Currently, the vehicle industry has embraced hybrid fuel vehicles which operate on both battery and gasoline.
Previously the direction of the industry leaned towards natural gas run vehicles 40
with other more experimental fuels such as hydrogen and bio fuel being still that, experimental. With current concerns over the environment and energy dependence, anticipation is a rapid
evolution of alternative fuel vehicles. The City currently operates four alternative fuel vehicles (natural gas type), which includes three building inspector trucks and a pool van.
Natural gas run vehicles are being phased out and maintenance and parts are getting harder to obtain. In addition, the availability of natural gas fuel stations are dwindling rather
than increasing. City staff recommends phasing out the City’s natural gas vehicles when they reach their life span and replace them with alternative fuel vehicles. Additionally, staff
recommends replacement of all pool vehicles with alternative fuel vehicles when they too come up for replacement. Unfortunately, heavy duty maintenance trucks, full size pickup trucks,
and light duty trucks being replaced in this budget cycle do not have alternative fuel counterparts in in the current model year that meet the City’s needs. In 2009 General Motors will
reintroduce two full size hybrid pickup truck models and Toyota, Ford, and Nissan are anticipated to do the same for their full size pickup trucks. The prices for these models have not
been released. As indicated above, the vehicles being replaced in this cycle are maintenance and light duty trucks that do not currently have alternative fuel counterparts. Only one
of the four vehicles scheduled for replacement, the1500 Silverado full size pickup truck is anticipated to have hybrid alternatives in the 2009 model year (fall 2008). The 3500 Model
Silverado is a heavy duty truck which is not anticipated to have a hybrid counterpart for some time and there is no information that light duty pickup trucks will be offered as hybrids
in the next model year as well. In addition to the benefits of alternative fuel vehicles such as fuel efficiencies and reductions in CO2 emissions, these vehicles have some drawbacks
for municipalities such as higher initial costs, higher maintenance costs, limited options for safety and warning light modifications, and stricter warranty conditions. If City Council
determines it wishes to wait until an alternative fuel vehicle is available for replacement of the full size pickup truck (Model 1500), which is anticipated to have hybrid options in
the next model year, City staff can defer purchase of this vehicle until they are available for consideration. Discussion: Staff solicited quotations from several dealerships and the
following table contains a summary of the quotes received. NewVehicle Description Vendor Quotation 2008 Silverado 1500 Crew Cab (1 each) Courtesy Chevrolet (Morgan Hill) $25,200.00*
Victory Truck Center $25,599.00 2 of 4 41
Courtesy Chevrolet (San Jose) $25,731.00 Los Gatos Chevrolet $29,010.00 Gilroy Chevrolet-Cadillac $31,065.00 ______________________________________________________________________________
2008 Colorado Crew Cab (2 each) Courtesy Chevrolet (Morgan Hill) $37,150.00 * Courtesy Chevrolet (San Jose) $37,820.00 Los Gatos Chevrolet $38,469.00 Victory Truck Center $ 39,016.00
Gilroy Chevrolet-Cadillac $41,744.00 ______________________________________________________________________________ 2008 Silverado 3500 Regular Cab ( l each) Courtesy Chevrolet (Morgan
Hill) $21.900.00* Victory Truck Center $22,140.00 Gilroy Chevrolet-Cadillac $23,578.00 Courtesy Chevrolet (San Jose) $24,856.00 Los Gatos Chevrolet No Quote The quotes above reflect
those dealership‘s fleet prices. These vehicle come with a standard 3 year/36000 mile manufacture warranty and a 5year /100,000 mile drive train warranty that is included in all prices
above. All prices include sales tax.. *indicates lowest bid. Surplus Vehicle Description Surplus Item: Vehicle # Mileage Reason Method of disposal ----------------------------------------------------
----------------------------------------------------------------1. 1995 GMC Sonoma # 84 65,000 Age/Condition Auction 2. 1996 GMC Sonoma # 91 101,000 Age/Condition Auction 3. 1992 GMC
3500 # 81 86,000 Age/Condition Auction FISCAL IMPACTS: There are sufficient funds in the adopted budget to cover the recommended purchases. Amount of revenue from auctioned vehicles
is uncertain. Funds received from the auction of surplus vehicles would then be placed back into the Vehicle Replacement Fund for future vehicle replacements. 3 of 4 42
4 of 4 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The purchases would not be authorized. If vehicles are not replaced it would result in higher maintenance and repair costs
and the dependability of City’s fleet would diminish. ALTERNATIVE ACTION(S): Alternative to Recommended Action #1: 1. Move to authorize the purchase of one 3500 Model Chevrolet Silverado
and two 2008 Chevrolet Colorados and defer purchase of one 1500 Model Chevrolet Silverado until alternative fuel vehicle options are available in the 2009 model year. FOLLOW UP ACTION(S):
A purchase order for these vehicles will be issued to the lowest bidder and the above list of vehicles will be disposed of as recommended. ADVERTISING, NOTICING AND PUBLIC CONTACT: None
additional. ATTACHMENTS: None 43
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Monica LaBossiere DEPT HEAD: Barbara
Powell, Human Resources Manager Assistant City Manager SUBJECT: City of Saratoga Personnel Rules and Policies – Part II of II RECOMMENDED ACTIONS: Adopt the resolution approving the
City of Saratoga Personnel Rules and Policies – Part II of II. REPORT SUMMARY: The City contracted with the employment law firm of Liebert Cassidy Whitmore to update the City’s Personnel
Rules and Policies. The City Council adopted Part I of II of the Personnel Rules and Policies on December 20, 2006. At that time, the City agreed, based upon a request for additional
review time by the Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board and Their Affiliated Local Unions (UNION), that all but two of the
Articles (Article XXII, Grievance Policy and Article XIV, Drug and Alcohol-Free Workplace Policy) would be be adopted on December 20th. City staff was directed to hold additional meetings
with employee representatives in order to finalize the two outstanding Articles. The City met with the Saratoga Management Organization (SMO), Saratoga Employees Association (SEA), and
the Union and finalized Article XXII Grievance Policy and Article XIV, Drug and Alcohol-Free Workplace for review and adoption by the City Council as Part II of II of the Personnel Rules
and Policies. FISCAL IMPACTS: N/A ALTERNATIVE ACTIONS: Choose not to adopt the City of Saratoga Personnel Rules and Policies – Part II of II. FOLLOW UP ACTIONS: Staff will implement
the City of Saratoga Personnel Rules and Policies Part II of II. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A 44
2 ATTACHMENT: ?? Resolution to adopt the City of Saratoga Personnel Rules and Policies – Part II of II. ?? Copy of City of Saratoga Personnel Rules and Policies – Part II of II. 45
Article XIV Drug and Alcohol-Free Workplace Policy ALCOHOL AND DRUG ABUSE POLICY Purpose -It is the intention of this policy to eliminate substance abuse and its effects in the workplace.
While the City of Saratoga has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol can take its toll on job performance and employee
safety. Employees must be in a condition to perform their duties safely and efficiently, in the interest of their fellow workers and the public, as well as themselves. The presence of
drugs and alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective. Employees who think they may have an alcohol
or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program Counselor. While the CITY will be supportive of those who seek help voluntarily,
the CITY will be equally firm in identifying and disciplining those whose continued substance
abuse, even if enrolled in counseling or rehabilitation programs, results in performance problems, danger to the health and safety of others and themselves and/or violations of federal,
state or CITY laws/policy. Supervisors will be trained to recognize abusers and become involved in this control process. Alcohol or drug abuse will not be tolerated and disciplinary
action, up to and including termination, will be used as necessary to achieve this goal. This policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It
also outlines the responsibilities of City managers and employees. To that end, the CITY will act to eliminate any substance abuse (alcohol, illegal drugs, prescription drugs or any
other substance which could impair an employee’s ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism,
substandard performance, poor employee morale or damage to the Agency’s reputation. All persons covered by this policy should be aware that violations of the policy may result in discipline,
up to and including termination, or in not being hired. In recognition of the public service responsibilities entrusted to the employees of the CITY and that drug and alcohol usage can
hinder a person’s ability to perform duties safely and effectively, the following policy against drug and alcohol abuse is hereby adopted by the CITY. Policy -It is CITY policy that
employees shall not be impaired by or have in their biological system, or be in possession, of alcohol or drugs while on CITY property, at work locations, or while on duty or subject
to being 46
Article XIV Drug and Alcohol-Free Workplace Policy called to duty, and that employees shall not sell or provide drugs or alcohol to any other employee or person while on duty or subject
to being called to duty. While use of validly prescribed medications and drugs does not violate this policy per se, failure by an employee to notify his/her supervisor, before beginning
work, when taking medications or drugs which could foreseeably interfere with the safe and effective performance of duties, or the operation of CITY equipment, can result in discipline,
up to and including termination. In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such medications or drugs,
clearance from a qualified physician may be required. The CITY reserves the right to search, without employee consent, all areas and property in which the CITY maintains control or joint
control with the employee. Otherwise, the CITY may notify appropriate law enforcement agencies that an employee may have illegal drugs in his or her possession or in an area not jointly
or fully controlled by the CITY. Refusal to immediately submit to an alcohol and/or drug analysis when requested by CITY management or law enforcement personnel, or refusal to submit
to a search of personal properties if requested by law enforcement personnel, may constitute insubordination and be grounds for discipline, up to and including termination. An employee
reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further work and shall be detained for a reasonable time until he or she can be
safely transported from the work site. The CITY is committed to providing reasonable accommodation to those employees whose drug or alcohol problem classifies them as disabled under
federal and/or state law. The CITY has established an Employee Assistance Program (EAP) to assist those employees who voluntarily seek help for alcohol or drug problems. The CITY will
provide separate written notice of the availability of this program to all employees. Employees should contact their supervisors or the EAP Counselor for additional information. Application
-This policy applies to all employees of and to all applicants for positions with the CITY. This policy applies to alcohol and drugs, including all substances, drugs or medications,
whether legal or illegal, which could impair an employee’s ability to effectively and safely perform the functions of the job. 47
Article XIV Drug and Alcohol-Free Workplace Policy Employee Responsibilities -An employee must: • Not report to work or be subject to duty while his or her ability to perform job duties
is impaired due to on or off duty alcohol or drug use; • Not possess or use alcohol or impairing drugs, including illegal drugs and prescription drugs without a prescription, during
working hours or while subject to duty, on breaks, during meal periods or at anytime while on CITY property; • Not directly or through a third party sell or provide drugs or alcohol
to any person, including any employee, while either or both employees are on duty or subject to being called to duty; • Submit immediately to an alcohol or drug test when requested by
a CITY representative; • Notify his or her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe
and effective performance of duties or operation of CITY equipment; and • Provide within 24 hours of request, bona fide verification of a current valid prescription for any potentially
impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee’s name. Management Responsibilities -a. Managers and supervisors
are responsible for reasonable enforcement of this policy. b. Managers and supervisors may request that an employee submit to a drug and/or alcohol test when a manager or supervisor
has a reasonable suspicion that an employee is intoxicated or under the influence of drugs or alcohol while on the job or subject to being called. c. “Reasonable suspicion” is a belief
based on objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee’s ability to perform
the functions of the job is impaired or so the employee’s ability to perform his or her job safely is reduced. d. For example, any of the following, alone or in combination, may constitute
reasonable suspicion depending upon the circumstances in which the behavior is observed and/or reported: 48
Article XIV Drug and Alcohol-Free Workplace Policy 1. Slurred speech; 2. Alcohol odor on breath; 3. Unsteady walking and movement; 4. An accident involving CITY property, where it ’s
conduct is at fault; rom a reliable person with e. he employee in f. arrange for the employee to be safely transported • iven written • nt head shall notify the appropriate law enforcement
appears the employee 5. Physical altercation; 6. Verbal altercation; 7. Unusual behavior; 8. Possession of alcohol or drugs; 9. Information obtained f personal knowledge. Any manager
or supervisor requesting an employee to submit to a drug and/or alcohol test should document in writing the facts constituting reasonable suspicion that t question is intoxicated or
under the influence. Any manager or supervisor encountering an employee who refuses an order to submit to a drug and/or alcohol analysis upon request shall remind the employee of the
requirements and disciplinary consequences of this Policy. Where there is reasonable suspicion that the employee is then under the influence of alcohol or drugs, the manager or supervisor
should home. Managers and supervisors shall not physically search the person of employees, nor shall they search the personal possessions of employees without the freely g consent of,
and in the presence of, the employee. Managers and supervisors shall notify their Department head or designee when they have reasonable suspicion to believe that an employee may have
illegal drugs in his or her possession or in an area not jointly or fully controlled by the CITY. If the Department head or designee concurs that there is a reasonable suspicion of illegal
drug possession, the Departme agency. Physical Examination and Procedure -The drug and/or alcohol test may test for any substance which could impair an employee’s ability to perform
effectively and safely the functions of his or her job, including, but not limited to, prescription medication, alcohol, heroin, cocaine, morphine and 49
Article XIV Drug and Alcohol-Free Workplace Policy its derivatives, P.C.P., methadone, barbiturates, amphetamines, marijuana and other cannabinoids. Testing shall be performed at a local
medical facility selected by the CITY. The procedure used shall require an unbroken chain of custody from sample collection to return of the written report. A split sample (a test sample
which is divided into portions for use in an independent testing of positive samples) shall be preserved to provide an independent test. If the initial test has positive results, the
CITY shall conduct a confirmation test sing a court admissible testing technique. If the confirmation test has st the sample at a laboratory of e employee's choice and at the employee's
own expense. upositive results, the employee may re-te th Results of Drug and/or Alcohol Analysis Pre-Employment Physical A positive result from a drug and/or alcohol analysis may result
in the ption is not in the applicant’s name or the applicant does not rovide acceptable verification, or if the drug is one that is likely to impair applicant may not be uring Employment
Physical or Alcohol/Drug Tests ion, or if the prescription is not in the mployee’s name, or if the employee has not previously notified his or her drugs, the CITY shall conduct an investigation
to gather all facts. The decision to discipline, up applicant not being hired where the applicant’s use of drugs and/or alcohol could affect requisite job standards, duties or responsibilities.
If a drug screen is positive at the pre-employment physical, the applicant must provide, within 24 hours of the request, bona fide verification of a valid current prescription for the
drug identified in the drug screen. If the prescri pthe applicant’s ability to perform the job duties, the hired. DA positive result from a drug and/or alcohol analysis may result in
disciplinary action, up to and including, termination. If the drug screen is positive, the employee must provide, within 24 hours of the request, bona fide verification of a a valid
current prescription for the drug identified in the drug screen. The prescription must be in the employee’s name. If the employee does not provide acceptable verification of a valid
prescript esupervisor of the same, the employee will be subject to disciplinary action, up to and including termination. If an alcohol drug test is positive for alcohol or to and including
termination, will be carried out in conformance with the CITY’s discipline procedures, modified as follows: 50
Article XIV Drug and Alcohol-Free Workplace Policy (1) In the event a regular, for-cause employee requests an evidentiary appeal to the City Manager from a final notice of discipline
(Section 6 of the Discipline Policy) for violating the City’s Drug and Alcohol Abuse Policy, the evidentiary appeal will be conducted by a neutral, third party arbitrator who, after
conducting the evidentiary hearing and hearing all of the evidence (pursuant to the provisions of Section 6 of the Discipline Policy), will make a nonbinding recommendation to the City
Manager with respect to discipline. The nonbinding recommendation will include: (a) the arbitrator’s nonbinding recommendation regarding discipline; and (b) the arbitrator’s nonbinding-recommended-wr
tten findings of fact in support of his or her recommendation for discipline. The nonbinding-recommended-written findings of fact will include the factual basis for the recommendation
for discipline, including the testimony of the witnesses relied upon, the basis of any credibility determinations of these and other witnesses, the documents and other evidence relied
upon, and nonbinding assessments on how the ators from which the City and the Bargaining Unit shall select the neutral, third request clarification or additional testimony or evidence
(at the City Manager’s discretion) on of the City Manager’s final statement of written findings and decision and the statute of limitations on that final decision is in accordance with
Subdivisions 6 and 7 of Section 6 of the testimony, documents, and other evidence support the nonbinding recommendation of the arbitrator. (2) The City and the Bargaining Unit will agree
on the neutral, third party arbitrator who will conduct the evidentiary hearing and make the above nonbinding recommendations, prior to the onset of the evidentiary hearing. In the event
an agreement on a third party arbitrator cannot be reached, then either party shall promptly obtain from the California State Conciliation Services a list of seven impartial arbitr party
arbitrator by alternatively striking names from the list. The first party to strike from the list shall be determined by coin toss. (3) The neutral, third party arbitrator will submit
his or her nonbinding recommendation for discipline and nonbinding-recommended-written findings of fact to the City Manager with a copy to the employee and the Bargaining Unit within
30 days after the evidentiary hearing has been completed and written briefs, if any, have been submitted. The City Manager will have 30 days thereafter in which to review the nonbinding
recommendations and findings, to any issue, and to render a final statement of written findings and decision. The City Manager’s decision is final. (4) Proof of service Discipline Policy.
51
Article XIV Drug and Alcohol-Free Workplace Policy Confidentiality -Laboratory reports and test results shall not appear in an employee’s general personnel file. Information of this
nature will be contained in a separate confidential medical folder that will be securely kept under the control of the Human Resources Manager. The reports or test results may be disclosed
to CITY management on a strictly need-toknow basis and to the tested employee upon request. Disclosures, without patient consent, may also occur when: (1) the information is compelled
by law or by judicial or administrative process; (2) the information has been placed at issue in a formal dispute between the employer and employee; (3) the information is to be used
in administering an employee benefit plan; or (4) the information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure.
52
Article XXII Arbitration and Grievance Policy ARBITRATION AND GRIEVANCE PROCEDURE If the Bargaining Unit believes that the CITY has violated this Agreement, such matters arising during
the term of this MOU (“grievances”) will be resolved through this Grievance Procedure, which is the sole and exclusive method of doing so. The parties agree by this provision that matters
regarding discipline remain within the sole discretion of the City as set forth in its Discipline Policy and that only the issue of whether the City has followed its Discipline Policy
is subject to arbitration and the grievance procedure. A. STEP (1) -The Bargaining Unit Representative will attempt to resolve the matter with the supervisor. If the matter is not resolved
the Bargaining Unit will file a written grievance with the CITY’s Human Resources representative within fifteen days after the employee or Bargaining Unit is aware or reasonably should
be aware of the act or omission that caused the grievance. The grievance shall specify the date(s) of the alleged violation(s) and the provisions of the Agreement applicable to the dispute.
A grievance not filed in writing within the above time shall be invalid, excepting any complaint relative to wages shall not be deemed invalid until thirty (30) days subsequent to origin
of cause of the complaint and in no event shall an employee be deprived of actual wages due. The CITY shall notify the Bargaining Unit of the name, address, telephone number and fax
number of the CITY’s designated Human Resources representative no later than five (5) working days after this Agreement has been ratified and no later than five (5) working days from
the date the CITY assigns the Human Resources representative duties to a different individual. B. STEP (2) -The CITY shall answer the grievance in writing within ten (10) working days
after the written grievance is filed. The CITY Human Resources representative and the Bargaining Unit will discuss the grievance during this period. If the grievance is not settled,
the Bargaining Unit may advance it to Step 3 by giving written notice to the City Manager within five (5) working days after the CITY answers the grievance in writing. If the CITY does
not timely file an answer, the grievance will automatically advance to Step 3 and the Bargaining Unit may deliver written notice of arbitration immediately. The CITY shall notify the
Bargaining Unit of the name, address, telephone number and fax number of the City Manager no later than five (5) working days after this MOU has been ratified and no later than five
(5) working days from the date the CITY assigns the City Manager representative duties to a different individual. C. STEP (3) -During the five (5) working days after a grievance advances
53
Article XXII Arbitration and Grievance Policy to Step 3, the City Manager and the Bargaining Unit will attempt to settle it. If it is not settled during that five (5) day period, the
Bargaining Unit may advance it to Arbitration by delivering written notice to the City Manager within ten (10) working days after the end of the five (5) working day period. In the absence
of such written notice, the grievance will be settled on the basis of the CITY’s answer. The time limits in this Grievance Procedure may be extended by written agreement. Each party
will provide the other with a current address of that party’s representatives identified above. D. ARBITRATION (1) Upon filing by the Bargaining Unit of an appeal to arbitration as provided
in Step 3 of the Grievance Procedure, the parties will promptly attempt to agree on an independent arbitrator to hear and resolve the grievance. (2) If the parties are unable to agree
on an arbitrator within five (5) working days after the Bargaining Unit delivers the notice of of appeal to arbitration, either party may apply to the State Mediation and Conciliation
Service (SMCS) for a panel of seven arbitrators who are members of the National Academy of Arbitrators. The party applying for the list will request that the list be sent by the SMCS
to both parties. (3) Upon receipt of the list, the parties will promptly select an arbitrator to hear and decide the grievance by alternately striking names from the list (coin toss
for first strike) until only one remains, and s/he will be the arbitrator for the case. (4) The arbitrator will decide the case by a written opinion following the hearing. The arbitrator’s
decision will be final and binding provided that the arbitrator’s decision is based on the provisions of this Agreement as written and does not add to, subtract from or ignore any provision
of this Agreement. Either party may have a transcript of the hearing made, but in that event that party will pay for the transcript. (5) The fees and expenses of the arbitrator will
be paid paid one-half by each party. Each party’s own expenses will be paid by that party. 54
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, STATE OF CALIFORNIA, ADOPTING THE CITY OF SARATOGA PERSONNEL RULES AND POLICIES – PART II OF II WHEREAS, on December
20, 2006 the City Council adopted the City of Saratoga Personnel Rules and Policies Part I of II; and WHEREAS, on December 20, 2006 the City agreed, based upon a request for additional
review time by the Northern California Carpenters Forty Six Counties Regional Council, Carpenters Conference Board and Their Affiliated Local Unions (UNION), that all but two of the
Articles (Article XXII, Grievance Policy and Article XIV, Drug and Alcohol-Free Workplace Policy) would be adopted on December 20, 2006; and WHEREAS, The City met with the Saratoga Management
Organization (SMO), Saratoga Employees Association (SEA), and the UNION and finalized Article XXII, Grievance Policy and Article XIV, Drug and Alcohol Free Workplace Policy for review
and adoption by the City Council as Part II of II of the Personnel Rules and Policies; and WHEREAS, the City of Saratoga is authorized and directed under the provisions of Section 2-40.050
(Adoption of Personnel Rules) of the Saratoga Municipal Code to adopt Rules and Policies for the administration of the personnel system created in Chapter 2-40 of the Saratoga Municipal
Code; and WHEREAS, the City of Saratoga is authorized to amend previously established Personnel System Rules and Policies pursuant to Section 2-40.050 of the Saratoga Municipal Code;
and WHEREAS, the objectives of these Personnel Rules and Policies are to provide for a consistent, equitable, effective and efficient program of personnel administration and to comply
with applicable laws relating to the administration of the personnel process for employees and the citizens of the City of Saratoga; and WHEREAS, these Rules and Policies set forth in
detail those procedures which insure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges and prohibitions
which are placed upon all employees in the competitive service of the City of Saratoga; and WHEREAS, the City of Saratoga may enter into Memoranda of Understanding (MOUs) or Agreements
with recognized employee organizations which regulate wages, hours, and working conditions of employees exclusively represented by such employee organizations. In the event such MOUs
or Agreements are ratified by the City of Saratoga, the terms of such MOUs or 55
Agreements shall prevail over inconsistent terms contained in these Personnel Rules and Policies; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable
latitude shall be given to the City Manager in the interpretation of these Rules and Policies pursuant to Saratoga Municipal Code Section 2-20.050 (Powers and Duties of the City Manager);
and WHEREAS, these Personnel Rules and Policies, Part II of II are added to and become a single, unified document with the Personnel Rules and Policies, Part I of II, adopted on December
20 2006. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby approves and adopts the City of Saratoga Personnel Rules and Policies, Part II of II dated
March 19, 2008. AYES: NOES: ABSENT: ABSTAIN: ANN WALTONSMITH, MAYOR ATTEST: Cathleen Boyer, CITY CLERK 56
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone SUBJECT: 2006
Pavement Maintenance Program -Notice of Completion RECOMMENDED ACTION: Move to accept the 2006 Pavement Maintenance Program as complete and authorize staff to record the Notice of Completion
for the construction contract. REPORT SUMMARY: All work for the 2006 Pavement Maintenance Program has been completed by the City’s contractor, Graham Contractors, and has been inspected
by Public Work’s staff. The scope of work this work included furnishing all materials, equipment, and labor to install slurry seals and scrub seals, and to re-stripe segments of public
roadway at various locations throughout the City. The final construction contract amount for the project is $174,873.96 Project Summary: Contract Award Amount: $206,996.88 Contingency:
$40,000.00 Final Contract Amount: $174,873.96 In order to close out the construction contract and begin the one-year maintenance/warranty period, it is recommended that the Council accept
the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day
Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: This project has been paid for through 2006 Pavement Management Program CIP
funding. Page 1 of 2 57
Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The project would not be accepted as complete and staff would notify the contractor of any additional work required by the
City Council before the project would be accepted as complete. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: Staff will record the Notice of Completion for the
construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional ATTACHMENTS: 1. Notice of
Completion for the 2006 Pavement Management Program. 58
Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the
work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner
of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 19th day of March, 2008. Contract Number: N/A
Contract Date: October 8th, 2006 Contractor’s Name: Graham Contractors, INC. Contractor’s Address: P.O. Box 26770, San Jose, CA 95159 Description of Work: 2006 Pavement Maintenance Program
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga,
that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are
therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the
City of Saratoga, County of Santa Clara, State of California on___________________, 2008. CITY OF SARATOGA BY:____________________________ ATTEST:____________________________ Dave Anderson
Cathleen Boyer, City Clerk City Manager Gov. Code 40814 59
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson
& Kristin Borel, PW Administrative Analyst SUBJECT: Resolution Supporting Extended Producer Responsibility RECOMMENDED ACTION: Adopt resolution supporting Extended Producer Responsibility.
REPORT SUMMARY: Background On February 8, 2006, California state law took effect, making it illegal to dispose items defined as “universal waste”, including household batteries, fluorescent
bulbs or tubes, thermostats, other items containing mercury, as well as electronic devices including VCRs, microwaves, cellular phones, cordless phones, printers, and radios. It is anticipated
that the list of universal and other wastes products that have been banned from landfills will continue to grow as demonstrated by the upcoming ban of sharp waste (medical needles) in
September 2008. Significant environmental and human health impacts are associated with improper management of universal waste products; including mercury, lead calcium, and other toxic
chemicals that when disposed of improperly can contaminate water supplies. When producers are responsible for ensuring their products are reused or recycled responsibly, and when health
and environmental costs are included in the product price, there is an incentive to design products that are more durable, easier to repair and recycle, and less toxic. Adopting the
proposed Extended Producer Responsibility (EPR) resolution calls on state government to pass producer responsibility legislation that gives incentives for redesign of products, making
them less toxic; urges the City Council to send letters of support for EPR legislation; encourages support for EPR legislation beyond universal wastes; and establishes EPR policy for
City’s own contracts and purchases. FISCAL IMPACTS: There is no immediate fiscal impact to the City resulting in adoption of the Extended Producer Responsibility resolution. Cost savings
may be realized in the future by avoiding costs of collection and disposal of universal and other potential hazardous wastes. CONSEQUENCES
OF NOT FOLLOWING RECOMMENDED ACTION: 60
N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Send a certified copy of the resolution to the League of California Cities, California Integrated Waste Management Board, and the State
legislature. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution 61
RESOLUTION NO. 08-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SUPPORTING EXTENDED PRODUCER RESPONSIBILITY WHEREAS, on February 8, 2006 California’s Universal Waste Rule
(CCR, Title 22, Division 4.5, Chapter 23) became effective; and WHEREAS, the Universal Waste Rule bans landfill disposal of certain products that are deemed hazardous, including household
batteries, fluorescent bulbs and tubes, thermostats and other items that contain mercury, as well as electronic devices such as video cassette recorders, microwave ovens, cellular phones,
cordless phones, printers, and radios; and WHEREAS, it is anticipated that the list of Universal and other waste products determined to be hazardous and therefore banned from landfills
will continue to grow as demonstrated by the upcoming ban of sharps waste into the municipal solid waste stream or any container used for recyclable materials, in September 2008; and
WHEREAS, state policies currently make local governments responsible for achieving waste diversion goals and enforcing product disposal bans, both of which are unfunded mandates; and
WHEREAS, local governments have no input on the design of the products, make no profit from the products, and do not have the resources to adequately address the rising volume of discarded
products; and WHEREAS, costs paid by local governments to manage products are in effect subsidies to the producers of hazardous products and products designed for disposal; and WHEREAS,
assuming a fifty percent recovery rate, collecting and disposing of products currently banned from the landfills could cost local jurisdictions in Santa Clara County an estimated additional
$3 million each year; and WHEREAS, when additional products are declared as hazardous by the State, the burden to manage these items will fall to local jurisdictions and WHEREAS, there
are significant environmental and human health impacts associated with improper management of Universal Waste products; including mercury, lead, cadmium and other toxic chemicals that
when disposed of improperly can contaminate water supplies; and WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which producers assume responsibility for management
of waste products and which has been shown to be effective; and WHEREAS, when producers are responsible for ensuring their products are reused or recycled responsibly, and when health
and environmental costs are included in the product price, there is an incentive to design products that are more durable, easier to repair and recycle, and less toxic; and WHEREAS,
EPR framework legislation establishes transparent and fair principles and procedures for applying EPR to categories of products for which improved design and management infrastructure
is in the public interest; and 62
WHEREAS, the City Council of Saratoga supports statewide efforts to hold producers responsible for Universal Waste products and other product waste management costs; and WHEREAS, the
City of Saratoga wishes to incorporate EPR policies into the City’s product procurement practices to reduce costs and protect the environment; and NOW, THEREFORE BE IT RESOLVED that
the City Council of the City of Saratoga urges our representatives in Sacramento to pursue statewide extended producer responsibility legislation that will give incentive for the redesign
of products to make them less toxic and easier to recycle, and shift the cost for recycling and proper disposal of products from the local government to the producer and distributor
of the product; and BE IT FURTHER RESOLVED, that the Mayor of the City Council of the City of Saratoga be authorized to send letters to the League of California Cities, the California
Integrated Waste Management Board, and the State legislature and to use other advocacy methods to urge support for EPR legislation; and BE IT FURTHER RESOLVED, that the City Council
of the City of Saratoga will continue to support extended producer responsibility initiatives and statewide legislation beyond universal waste to cover areas including other hazardous
products, bulky packaging, and items like plastics and multimaterial products that are difficult to recycle; and BE IT FURTHER RESOLVED, that the City Council of the City of Saratoga
support producer responsibility policies such as leasing products rather than purchasing them and requiring the manufacturers of products sold to the City to offer less toxic alternatives
and to take responsibility for collecting and recycling their products at the end of their useful life. PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California,
on the 19th day of March, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: _____________________________ Ann Waltonsmith, Mayor ATTEST: ___________________________________
Cathleen Boyer, City Clerk 63
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher Riordan DIRECTOR: John F. Livingstone
___ SUBJECT: Amendment to the Independent Contractor Agreement for Metropolitan Planning Group – FY ‘07/08 RECOMMENDED ACTION: Authorize the City Manager to execute the agreement to
increase by $18,000 the contract amount with Metropolitan Planning Group for planning and development services. REPORT SUMMARY: Since January 2005 the Community Development Department
has maintained a contract planner position. Metropolitan Planning Group (MPG) has been providing contract planning services to the Community Development Department Planning Division
since February 1, 2007. This service provides the Planning Division flexibility to maintain the existing level of services when staff positions become vacant or to provide timely processing
of development review applications when there is an unexpected increase in the number of planning projects that are submitted to the city for review. Contract planners typically work
for several different cities at the same time giving them exposure to a wide variety of planning processes which make them a great resource to the department. Prior to recent staff vacancies
MPG had been billing the City for an average of 10-15 hours per week for contract planning services. MPG increased their billable time to approximately 20 hours per week to assist staff
in processing development review applications during the vacancies. The staff vacancies have been filled and MPG has returned to billing the City for an average of 15 hours per week.
Due to the increase in billable hours during the vacancies, MPG’s existing contract amount will be expended prior to its expiration date of June 30, 2008. Increasing the contract amount
by $18,000 would allow the Community Development Department to continue contract planning services through June 30, 2008. The contract increase will also allow MPG to follow through
with the currently assigned projects and allow time to train the two new planners. Within the next two months staff will be sending out a “request for proposals” (RFP’s) from consultants
that officer contract planning services. When a consultant has been selected, staff will then come back to City Council in June with a new three year contract for consultant planning
services. FISCAL IMPACTS: Page 1 of 2 64
Page 2 of 2 The contract planning services budget for this fiscal year is $52,500. The addition of $18,000 will increase the total contract with MPG to $70,500. The salary savings from
the staff vacancies will offset the increase in contract planning fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Without a contract planner, the City will have difficulty completing
essential planning and development functions in a timely manner. ALTERNATIVE ACTION: Select another option to meet City’s needs. FOLLOW UP ACTION: Execute the contract agreement. ADVERTISING,
NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: 1. Contract 65
CITY OF SARATOGA AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF SARATOGA, a municipal corporation ("City"),
and Metropolitan Planning Group, ("Contractor"), who agree as follows: WHEREAS, City and Contractor entered into an independent contractor agreement dated July 1, 2007 (“Original Agreement”);
and WHEREAS, City and Contractor wish to amend the Original Agreement in order to change the total payment amount by entering into this Amendment to the Original Agreement. NOW THEREFORE,
the parties hereto agree as follows: 1. Amended Payment Terms. The payment terms included in Exhibit B to the Original Agreement are hereby replaced in their entirety with the payment
terms attached as Exhibit B-1 to this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment. City of Saratoga Contractor By: _____________________ Dave Anderson,
City Manager _______ Date By: ___________________ Geoff I. Bradley Metropolitan Planning Group _____ Date Attest: _____________________ Cathleen Boyer, City Clerk ________ Date Approved
as to Form: _________________________ Richard S. Taylor, City Attorney ________ Date Approved as to budget authority _______________________ Mary Furey Administrative Services Director
________ Date Attachments Exhibit B-1 --Contract Payment and Reporting Schedule 66
EXHIBIT B-1 PAYMENT 1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum of seventy thousand five hundred dollars ($70,500) for work to be performed
and reimbursable costs incurred pursuant to this Agreement. The total sum stated above shall be the total which City shall pay for the work product to be provided by Contractor pursuant
to this Agreement. The Contractor shall bill the City at a maximum hourly rate of $100.00. 2. INVOICES Contractor shall submit invoices, not more often than once a month during the term
of this Agreement, based on the cost for work performed and reimbursable expenses incurred prior to the invoice date. Invoices shall contain the following information: a. Serial identifications
of bills, i.e., Bill No. 1; b. The beginning and ending dates of the billing period; c. A summary containing the total contract amount, the amount of prior billings, the total due this
period, and the remaining balance available for all remaining billing periods. 3. MONTHLY MONTHLY PAYMENTS City shall make monthly payments, based on such invoices, for satisfactory
progress in completion of the Scope of Work, and for authorized reimbursable expenses incurred. 4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses incurred
by Contractor except as specified in Exhibit A to this Agreement. 67
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager
SUBJECT: Resolution Concerning Green Building Policies RECOMMENDED ACTION: Adopt the attached resolution: 1. Formally recognizing Leadership in Energy and Environmental Design (LEED)
and Build It Green’s GreenPoint Rated systems as official City of Saratoga green building reference documents for informational and educational purposes; 2. Directing the City’s Community
Development Department to provide LEED and/or GreenPoint Rated system checklists to building permit applicants, and to require the completion and submittal of the appropriate checklist
(based upon project type and scope) as part of the planning application. The LEED and/or GreenPoint Rated checklist is for informational purposes only and will not be utilized by the
Planning Commission in support of its findings; and 3. Establishing a standard of LEED Silver certification or better for all City-owned new construction and renovation projects over
five thousand (5,000) square feet. BACKGROUND: At its February 20, 2008 meeting, the City Council reviewed three “Near-term Building Policy Recommendations” adopted by the Santa Clara
County Cities Association (SCCCA). Following their review and discussion, the Council directed staff to prepare a Resolution as described in “Recommended Action” above. In addition,
the Council directed staff to evaluate the feasibility of funding memberships in the U.S. Green Building Council (administrator of LEED) at a cost of $500.00/year and in Build It Green
(administrator of the GreenPoint Rated system) at a cost of $100.00/year within the approved Community Development Department (CDD) budget, or, alternatively, through the Council’s contingency
account. Staff has determined the costs can be absorbed in the CDD budget for the current fiscal year. At the suggestion of Council, staff will also include a proposal to include Green
Building-related training, classes and conferences in the fiscal year 2008/09 budget submittal. Page 1 of 2 68
Page 2 of 2 FISCAL IMPACTS: There is no direct fiscal impact associated with adoption of the attached resolution. Some additional staff time may be incurred in providing, explaining
and compiling information from the LEED and GreenPoint Rated checklists. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The City would not adopt the Green Building-related policies
contained within the attached Resolution. ALTERNATIVE ACTION(S): The Council could request changes to the attached Resolution or could direct staff to pursue other alternative actions.
FOLLOW UP ACTION(S): Implement Council direction. Notify SCCCA of the City Council’s actions. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A:
Resolution 69
RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA RECOGNIZING THE LEADERSHIP IN ENVIRONMENTAL DESIGN (LEED) AND BUILD IT GREEN’S GREENPOINT RATED SYSTEMS
AS GREEN BUILDING-RELATED REFERENCE DOCUMENTS FOR THE CITY OF SARATOGA, REQUIRING SUBMITTAL OF A LEED OR GREENPOINT RATED CHECKLIST WITH EACH BUILDING PERMIT APPLICATION AND REQUIRING
LEED SILVER OR BETTER CERTIFICATION FOR ALL CITYOWNED NEW CONSTRUCTION AND RENOVATION PROJECTS OVER FIVE THOUSAND (5,000) SQUARE FEET WHEREAS, the City of Saratoga, as a member of the
Santa Clara County Cities Association (SCCCA) supports Green Building strategies as a means to promote environmental stewardship and have positive impacts on the reduction of Greenhouse
Gas Emissions; and WHEREAS, SCCCA established a Green Building Policy Collaborative (GBC) which developed goals related to green buildings, one of which is to “encourage regional collaboration
to adopt consistent sustainable development ‘green building’ policies and standards that facilitate positive results for the environment; and WHEREAS, on November 8, 2007, the SCCCA
adopted three “Near-term Building Policy Recommendations”; and WHEREAS, the City Council of the City of Saratoga desires to support the principles embodied in the SCCCA’s Near-term Building
Policy Recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council: 1. Formally recognizes LEED and GreenPoint Rated systems as official City of Saratoga green building reference
documents for informational and educational purposes; 2. Directs the City’s Community Development Department to provide LEED and/or GreenPoint Rated system checklists to building permit
applicants, and to require the completion and submittal of the appropriate checklist (based upon project type and scope) as part of the planning application. However, the LEED and/or
GreenPoint Rated checklist is for informational purposes only and will not be utilized by the Planning Commission in support of its findings; and 3. Establishes a standard of LEED Silver
certification or better for all Cityowned new construction and renovation projects over five thousand (5,000) square feet. 70
Page 2 of 2 The above and foregoing resolution was approved and adopted by the City Council of the City of Saratoga on the 19th day of March 2008 by the following vote: AYES: NOES: ABSTAIN:
ABSENT: Ann Waltonsmith, mayor ATTEST: Cathleen Boyer, City Clerk 71
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Administrative Service Dept CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT:
Council Contingency Funds RECOMMENDED ACTION: Approve budget adjustment to appropriate additional Council Contingency funding. REPORT SUMMARY: As standard practice, the City Council
appropriates $50,000 in the Adopted Operating Budget each fiscal year to provide funding for unanticipated opportunities and/or needs throughout the year. As of March 10, 2008, Council
has $9,400 remaining in the contingency account after providing the following funding from the current year’s $50,000 appropriation: Mitigation of Parker Ranch illegal bike trail $ 5,000
SV Joint Ventures: Greenhouse Gas Inventory 14,600 Mustard Faire Banner 1,000 Economic Development Study 20,000 Total $40,600 If Council would like to appropriate additional contingency
funds for the remainder of the fiscal year, a budget adjustment must be approved by Council. To restore the funding level back to $50,000, a budget adjustment in the amount of $40,600
would be required. FISCAL IMPACTS: Contingency funding in the amount Council directs will be appropriated as a budget adjustment. The budget adjustment will reduce Undesignated Fund
Balance at year-end. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: A budget adjustment would not be recorded ALTERNATIVE ACTION: Staff could record a budget adjustment for an amount
to be determined by Council. FOLLOW UP ACTION: Staff to record budget adjustment to appropriate additional funds in the amount Council approves 72
ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Resolution 73
ATTACHMENT – A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2007/08 TO PROVIDE ADDITIONAL COUNCIL CONTINGENCY FUNDING
WHEREAS the City Council desires to amend the FY 2007/08 operating budget to increase Council Contingency Funds; WHEREAS, the City of Saratoga has undesignated fund balance which would
fund the additional budget appropriation NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves to amend the FY 2007/08 Operating Budget to increase
Council Contingency Funding in the amount of $ 40,600; The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 19th day
of March, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: _____________________________ Ann Sullivan, Acting City
Clerk 74
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Administrative Service Dept CITY MANAGER: Dave Anderson PREPARED BY: Anil Paul DIRECTOR: Mary Furey SUBJECT:
Agreement to provide annual audit services RECOMMENDED ACTION Authorize City Manager to enter into an agreement for professional auditing services between the City of Saratoga and Vavrinek,
Trine, Day & Co., LLP (VTD) Certified Public Accountants for three fiscal years 2007/08 – 2009/10 with 2 one-year extension options (pursuant to City Attorney’s approval of contract).
REPORT SUMMARY The City’s Municipal code Article 2-25.020 requires the Finance Director to provide the Council members with an “Annual Statement of the Financial Condition of the City”.
As the City’s current contract for audit services with Caporicci & Larson CPA’s expires with the completion of the 2006/07 fiscal year-end audit, a Request for Proposal (RFP) was distributed
to twelve qualified auditing firms to solicit proposals for professional auditing services. The City received three proposals in response to the February 15th deadline. The Audit Review
Committee, comprised of Mary Furey, Finance and Administrative Services Director, and Anil Paul, Accounting Manager, reviewed the proposals submitted by: 1 C. G. Uhlenberg 2. Maze and
Associates and, 3. Vavrinek, Trine, day & Co. The firms were evaluated on qualifications detailed in their proposal, including: • Relevant audit experience • Technical expertise • Approach
and understanding of the scope of the City’s audit • Communication skills • Specific experience with implementation of current GASB pronouncements The committee awarded points on the
above qualifications, the quality of staff assigned to audit engagement, previous experience, references, and fees. The firm of Vavrinek, Trine, Day & Co. scored the highest number of
points, closely followed by Maze and Associates. The summarized audit proposals and evaluations were provided to the Finance Committee Council Members for review on March 5th, 2008.
The committee concurred with the recommendation the City enter into an agreement with Vavrinek, Trine, Day & Co. for audit services. 75
Finance staff and the City Attorney are finalizing the professional services contract between the City and VTD for financial audit services, with not-to-exceed annual amounts as listed
in the chart below: Fiscal Year Audit Fees 2007/08 $ 45,310 2008/09 39,300 2009/10 41,200 Option Year 1 2010/11 43,350 Option Year 2 2011/12 45,600 FISCAL IMPACTS Sufficient funds would
be appropriated in Fiscal Years 2007/08 to 2009/10 for auditing services, and if the extension options are exercised, for FY 2010/11 and 2011/12 as well. CONSEQUENCES OF NOT FOLLOWING
RECOMMENDED ACTION The City would be in violation of fulfilling Municipal Code 2-25.020 Duties and Responsibilities. ALTERNATIVE ACTION Direct staff to reopen the RFP with fresh proposals.
FOLLOW UP ACTION After contract approval from the City Attorney, City Manager to enter into agreement for professional auditing services between the City of Saratoga and Vavrinek, Trine,
Day & Co., LLP (VTD) Certified Public Accountants (CPA’s) for the three fiscal years 2007/08 -2009/10 and the 2 one-year options. ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS
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Page 1 of 9 SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Shweta Bhatt, Associate Planner
DIRECTOR: John Livingstone SUBJECT: FY 2008/09 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING RECOMMENDED ACTION: 1. Conduct the Public Hearing. 2. Adopt the attached Resolution (Attachment
B) authorizing the Community Development Department to submit funding allocations to Santa Clara County for CDBG proposals totaling $133,214. BACKGROUND: The Department of Housing and
Urban Development [HUD] makes annual disbursements of Housing and Community Development Act [HCDA] funds for eligible projects and activities. Saratoga and six other “non-entitlement”
cities (population under 50,000) within Santa Clara County receive federal HCDA funds from the Community Development Block Grant [CDBG] Program. Non-entitlement cities receive funds
through a cooperative agreement with the County of Santa Clara, the locally responsible grant recipient. recipient. Expenditure of these funds is restricted by federal and county regulations.
DISCUSSION: The availability of CDBG funds for eligible projects and activities was publicized in the Saratoga News during the month of January 2008. Six applications were received during
the application cycle. Summaries of all applications are provided in Attachment C. The full application packets are available for review in the Planning Department at City Hall. Traditionally,
the Councilmember assigned to the County HCD Policy Committee reviews the applications to prioritize the submittals and to make recommendations for Council action. This year, Councilmember
Aileen Kao has reviewed the six applications, and has not made a recommendation. All six applications are discussed in this report. The County has announced that $133,214 will be available
for FY 2008/09. Of that amount, $32,732 may be spent on public service CDBG activities. The term “public service” typically includes services that are considered social services or human
services. HUD places a cap on the amount of money spent for public services. This is a reflection of Congress wanting CDBG funds to be used for mostly “bricks and mortar.” 121
Page 2 of 9 For several years, Saratoga Area Senior Coordinating Council (SASCC) was the only agency receiving Public Service funds. Over the past two years, funding was also provided
to West Valley Community Services, formerly known as Cupertino Community Services, Inc. (CCS), which provides regional assistance to lower income families in the West Valley area, including
the City of Saratoga. Both of these agencies have requested funding for FY 2008/09. Catholic Charities of San Jose has also requested funds in support of the Long Term Care Ombudsman
Program. This organization seeks to promote the well being of long term care residents by visiting facilities and responding to complaints and crisis. These three requests total $54,164,
exceeding the amount of allocable funds by $21,432. The County has allocated $72,482 to Non-Public Service projects. Three applications for Non-Public Service projects have been received:
ADA accessible signal program, ADA accessible ramp at the Historic Museum, and ADA Theater Theater Seating. The funding for the ADA theater seating will come from a previously approved
project that has now been deemed ineligible. The requests for the ADA signal program and the ADA ramp total $68,543. FY 2008/09 CDBG FUNDING RECOMMENDATIONS: 1. CDBG Public Service Activities.
Because of the CDBG Public Services cap, the maximum amount that may be allocated to public service activities by the City of Saratoga is $32,732. SASCC -Adult Day Care Program Saratoga
Area Senior Coordinating Council (SASCC) submitted its annual proposal for CDBG Human Services funding for continued support of the SASCC Adult Day Care Center Program for FY 2008/09.
Their total requested amount is $34,000, which is 12% of the estimated annual budget to operate the Adult Care Center. For FY 2007/08, SASCC requested $33,000 (11.1% of their estimated
annual budget) and received $32,000 in CDBG funds for this program. Recommendation: To be discussed at City Council meeting. West Valley Community Services – Food Pantry and Emergency
Rental/Utility Assistance West Valley Community Services (formally known as Cupertino Community Services) has submitted a proposal for CDBG Human Services funding for FY 2008/09. This
funding will provide continued support of a food pantry and emergency rental/utility services for approximately 106 lower-income Saratoga residents. The total requested amount of funding
is $15,164, which is 6% of the estimated annual budget to operate. In FY 2007/08, CCS requested $14,770 (6% of their estimated annual budget) and received $3,564. West Valley Community
Services has served lower income Saratoga households for 32 years. In the first half of FY 07-08, Saratoga residents received food support equal to 9,020 pounds. Five (5) transportation
vouchers were issued to Saratoga residents. Recommendation: To be discussed at City Council meeting. 122
Page 3 of 9 Catholic Charities of San Jose – Long Term Ombudsman Program Catholic Charities of San Jose submitted a proposal for CDBG Human Services funding for FY 2008/09. This funding
will provide continued support of the Long Term Ombudsman Program, which will serve 288 Saratoga beneficiaries, 210 of whom are at or below the current county-wide median income level.
The total requested amount of funding is $5,000, which is less than 1% of their estimated annual budget to operate. Catholic Charities of San Jose has administered the Long Term Care
Ombudsman Program in Santa Clara County since 1981. The organization seeks to resolve problems and advocate for the quality of life for residents in long term care facilities. They accomplish
this by visiting facilities and monitoring conditions and care. This is the first time Catholic
Charities of San Jose is seeking funding from the City of Saratoga. Recommendation: To be discussed at City Council meeting. 2. CDBG Non-Public Service Projects. The maximum amount
amount that may be allocated to CDBG Non-Public Services Projects is $72,482. City of Saratoga Public Works Department – Accessible Signal Program The City of Saratoga Public Works Department
has submitted an application for a CDBG Non-Public Service project to update city-owned signals with audible signals for the visually impaired. The Americans with Disabilities Act (ADA)
requires access to the public right-ofway for people with disabilities. Access to traffic and signal information is an essential factor in providing safe and independent street crossing
for visually-impaired pedestrians. The City of Saratoga’s Traffic Engineer has developed a four-year implementation plan based on location, proximity of services, population, traffic
patterns, public transportation access, community requests, and funding availability. The total project cost will be $225,750. The amount requested for each of the four years is as follows:
$55,600/year for the first three years, and $68,250 for the fourth year. This will allow the City to complete four intersection upgrades each year (and five during the last year). However,
if additional funds are available, additional intersections could be upgraded on an accelerated schedule. Recommendation: Fund the Public Works Department Project with $55,600. City
of Saratoga Recreation and Facilities Department – ADA Compliant Ramp at Museum The City of Saratoga Recreation and Facilities Department has submitted an application for CDBG Non-public
Service project to install an ADA compliant ramp at the Saratoga Historic Museum. The Americans with Disabilities Act (ADA) requires access to the public right-of-way for people with
disabilities. The project scope includes the installation of two ADA transfer points and two standard ADA hand railings. The current transfer platforms will be removed. The amount requested
for this project is $12,943. Recommendation: Fund the Recreation and Facilities Department Project with $12,943. 123
Page 4 of 9 SHARP Revolving Housing Rehabilitation Loan Program Saratoga has been offering low interest housing rehabilitation loans for low-income residents for over 20 years. At one
time the City managed and provided funds for low-income housing rehabilitation projects through the CDBG program. The City no longer manages a housing rehabilitation program and instead
has entered into a Joint Powers Agreement with Santa Clara County under the Housing and Community Development Act whereby the County now manages a low-income housing rehabilitation program
for the City. The program currently has $59,000 available and no additional funding has been requested by the County. 3. Reallocation of Previous CDBG Funds. Funds previously allocated
for a storage unit at the Saratoga Senior Center have been deemed ineligible for CDBG funding. The City of Saratoga Recreation and Facilities Department has submitted an application
to install ADA compliant seating in the Saratoga Civic Theater. The seating will provide wheelchair accessibility, specialized seating, transfer areas, and companion seating arrangements.
The amount dedicated to the storage unit was $6,225. The installation of ADA compliant seating is anticipated to cost $5,983, however consultant costs to ensure compliance with Davis-Bacon
standards or additional unforeseen costs may arise during the project. Any unused funds may be transferred to another eligible project. Recommendation: Transfer funds from the storage
unit project (SA05-054) to the Recreation and Facilities Department in the amount of $6,225. 4. Urban County Rehabilitation Services and Program Administration. The maximum amount that
may be allocated to CDBG Urban County Program Rehabilitation Services and Program Administration is $13,000. Urban County Rehabilitation Services The City’s SHARP Revolving Housing Rehabilitation
Loan Program is administered by the Santa Clara County Housing and Community Development Department [HCD]. The program provides low-interest loans to income-eligible homeowners for home
repairs such as new roofs and electrical upgrades. HCD charges $13,000 (of CDBG funds) per year to administer the program for the City. The cost covers processing loan applications,
determining eligibility, processing loan paperwork and coordinating payments to the contractors doing the repair work. Recommendation: Fund the County Rehabilitation Assistance program
with $13,000. City Program Administration Each fiscal year, $15,000 is set aside for the general program administration costs incurred by the City. These funds go towards the City’s
expenses for processing applications, administer contracts, prepare and submit reports to regulatory agencies and to participate in Urban County program activities. Recommendation: Fund
the City Program Administration program with $15,000. FISCAL IMPACTS: 124
Page 5 of 9 The CDBG funds for FY 2008/09 are federal Housing and Urban Development funds administered by Santa Clara County and allocated to participating cities. There is no impact
from these recommendations on General City funds. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City’s FY 2008/09 CDBG allocation will remain with the County, and Saratoga will
not meet its goals related to providing continued housing assistance, rehabilitation and human services to low income and disabled residents in the City. ALTERNATIVE ACTION: NA FOLLOW
UP ACTION: Forward Council’s CDBG recommendations to the County of Santa Clara and execute contracts with agencies receiving funding. ADVERTISING, NOTICING AND PUBLIC CONTACT: The availability
of CDBG funds for eligible projects and activities was publicized in the Saratoga News during the month of January 2008. ATTACHMENTS: Attachment A – FY 2008/09 Funding Allocations Table
Attachment B – Resolution Attachment C – Application Summaries Cc: CDBG Applicant agencies 1
25Page 6 of 9 ATTACHMENT – A FY 2008/2009 Community Development Block Grant Funding Allocations Table Agency Type Project Amount Requested Amount Available SASCC CDBG (Public Services)
Adult Day Care Program $34,000 West Valley Community Services CDBG (Public Services) West Valley Community Services Food Pantry and Emergency Services $15,164 Catholic Charities of Santa
Clara County CDBG (Public Services) Long Term Ombudsman Program $5,000 SUBTOTAL $54,164 $32,732 City of Saratoga CDBG (non-public service) ADA Accessible Signal Program $255,750* City
of Saratoga CDBG (non-public service) ADA Accessible Ramp Historic Museum $12,943 County of Santa Clara CDBG Urban County Rehabilitation Services $13,000 SUBTOTAL $81,543** $85,482 City
of Saratoga CDBG Program Administration $15,000 $15,000 GRAND TOTAL $150,707 $133,214 City of Saratoga CDBG (transfer for non-public service) ADA Theater Seating (transfer of funds from
SA05-054) $6,225*** $6,225 Breakdown of FY 2008/2009 CDBG Allocations: $72,482 Non-Public Service $32,732 Public Services Cap $15,000 Program Administration $13,000 Housing Rehabilitation
Loan Administration $133,214 TOTAL * This project is scheduled to be phased over four years. $74,526 was granted during the first year, FY 2007-08. $55,600 has been requested for the
second year. However, if additional funds are available, the project schedule can be accelerated. ** If funds available are greater than funds requested for Non-Public Service projects,
additional funds may be allocated to accelerate the project schedule. *** This project will be funded with a transfer of funds from another project (SA05-054) that has been deemed ineligible.
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Page 7 of 9 ATTACHMENT B RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM SANTA CLARA COUNTY UNDER
THE FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2008/2009 WHEREAS, the City previously entered into a Joint Powers Agreement with Santa Clara County to form an Urban
County under the Housing and Community Development Act; and WHEREAS, the City Council finds and determines that the following proposals represent the community development needs in Saratoga;
and NOW THEREFORE, BE IT RESOLVED, that the Community Development Department is hereby authorized to submit a proposal for the expenditure of FY 2008/09 CDBG funds in the amount of $133,214
for the following allocations: Agency Type Project Amount Requested Amount Available SASCC CDBG (Public Services) Adult Day Care Program $34,000 West Valley Community Services CDBG (Public
Services) West Valley Community Services Food Pantry and Emergency Services $15,164 Catholic Charities of Santa Clara County CDBG (Public Services) Long Term Ombudsman Program $5,000
SUBTOTAL $54,164 $32,732 City of Saratoga CDBG (non-public service) ADA Accessible Signal Program $255,750* City of Saratoga CDBG (non-public service) ADA Accessible Ramp Historic Museum
$12,943 County of Santa Clara CDBG Urban County Rehabilitation Services $13,000 SUBTOTAL $81,543** $85,482 City of Saratoga CDBG Program Administration $15,000 $15,000 GRAND TOTAL $150,707
$133,214 City of Saratoga CDBG (transfer for non-public service) ADA Theater Seating (transfer of funds from SA05-054) $6,225*** $6,225 127
Page 8 of 9 * This project is scheduled to be phased over four years. $74,526 was granted during the first year, FY 2007-08. $55,600 has been requested for the second year. However,
if additional funds are available, the project schedule can be accelerated. ** If funds available are greater than funds requested for Non-Public Service projects, additional funds may
be allocated to accelerate the project schedule. *** This project will be funded with a transfer of funds from another project (SA05-054) that has been deemed ineligible. The above and
foregoing resolution was passed and adopted at an adjourned meeting of the Saratoga City Council held on the 19th day of March 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN:
______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Cathleen Boyer, City Clerk 128
Page 9 of 9 ATTACHMENT C Application Summaries 129
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SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Brad Lind & Richard Taylor DIRECTOR: John Livingstone
SUBJECT: Public Hearing and Adoption 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) Conduct a public hearing concerning the attached ordinance and resolution introduced at the City Council meeting of February 20, 2008; (2) Adopt the 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; (3) Adopt the resolution regarding the need to modify the California Building Code due to local conditions. REPORT SUMMARY: At its meeting of February 20, 2008 the City Council
conducted the first of two public hearings on the attached ordinance and resolution adopting and amending the updated building, plumbing, mechanical, electrical, and fire codes. (The
ordinance and resolution are included in the staff report for the February 20 meeting which is included in its entirety.) The Council introduced the ordinance and resolution at the earlier
meeting and directed that the ordinance be returned for an additional public hearing and further consideration at the meeting of March 19, 2008. Please refer to the attached staff report
for information regarding the codes and issues identified by staff and the public as well as alternatives and fiscal impact. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this
meeting. Notice for ordinance adoption was published in the Saratoga News on March 5 and March 12. ATTACHMENTS: Staff Report for February 20, 2008, including: Attachment 1 – Table Table
summarizing effect of proposed ordinance Attachment 2 – Resolution Attachment 3 – Ordinance Attachment 4 – Hazardous Fire Area Map 136
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 1 137
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 138
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. 139
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); 140
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 141
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 142
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 143
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. 144
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. 145
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. 146
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 147
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 148
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 149
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. //150
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 151
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 152
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 153
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 154
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: 155
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 156
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. 157
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 158
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. 159
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. 160
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. 161
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. 162
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. 163
FINDINGS MADE IN 2002 REGARDING AMENDMENTS TO THE 2001 CALIFORNIA BUILDING CODE /1 164
2 165
3 166
FINDINGS MADE IN 2002 REGARDING AMENDMENTS TO THE 2001 CALIFORNIA FIRE CODE 4 167
5 168
6 169
7 170
8 171
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10 173
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//13 176
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 177
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 178
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. 179
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: 180
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 181
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. 1 182
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. 2 183
(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 3 184
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 4 185
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. 5 186
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) 6 187
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: 7 188
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: 8 189
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. 9 190
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. 10 191
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. 11 192
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) 12 193
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-13 194
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 14 195
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. 15 196
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
16 197
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. 17 198
(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 18 199
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. 19 200
“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.
20 201
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. 21 202
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. 22 203
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 23 204
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 24 205
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 25 206
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. 26 207
(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. 27 208
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, 28 209
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 29 210
(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 30 211
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 31 212
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 32 213
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 33 214
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. 34 215
35 216
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 36 217
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. 37 218
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. 38 219
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: 39 220
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 40 221
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. 41 222
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: 42 223
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 43 224
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 44 225
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. 45 226
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 46 227
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 47 228
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: 48 229
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 49 230
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. 50 231
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. 51 232
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 52 233
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.
53 234
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
235
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 55 236
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 56 237
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 57 238
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 58 239
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 59 240
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. 60 241
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. 61 242
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. 62 243
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. 63 244
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 64 245
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 65 246
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 66 247
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 67 248
$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: 68 249
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 69 250
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 70 251
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. 71 252
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. 72 253
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. 73 254
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. 255
DR. EUCALYPTUS DR. DEL BOHLMAN ROAD GLEN REDHILL RD.ORBIT APOLLOON HEIGHTSCT. SANBORN CANON UNA HIDDEN PL. DR. AVE. THORP RD. ROBLES DR. REDBERRY AVE. TOYON HILL DR. SEEBREE LN. DR.
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 256
SARATOGA CITY COUNCIL MEETING DATE: March 19, 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: 2008 Spring Issue of The Saratogan RECOMMENDED ACTION: Accept report and direct staff accordingly. BACKGROUND: After discontinuing publication
of The Saratogan in 2004, the City of Saratoga began reissuing the quarterly publication in February 2008. The newsletter is intended to provide residents with as a way to share information
with residents. In the past it has been used to conduct public surveys and call attention to City services. The winter issue highlighted the 2008 Council priorities, including civic
participation, environmental sustainability, and financial security. Feature articles focused on each of these themes were placed on the first and second page of the newsletter to emphasize
the main points of the winter issue. The third and fourth pages were dedicated to important information for Saratoga residents. Staff has started to develop article topics for the spring
2008 issue, expected to be released in May 2008. The stories are centered on the City’s forward momentum. Below is a preliminary list of feature articles and supplementary articles.
Feature Articles: • Improved City News Racks • Overview City’s Budget Process • Spring and Summer Capital Improvement Projects • Update on the Housing Element of the General Plan • Update
on the North Campus Supplementary Articles: • Annual Cleanup Reminder • How to Prevent West Nile Virus • Preview of Saratoga Library Summer Programs Page 1 of 2 257
Page 2 of 2 • Recreation Updates • Summary of Spring Community Emergency Response Training and Emergency Preparedness Tips To ensure The Saratogan meets the expectations of the City
Council, staff seeking input and suggestions for the spring issue. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will move forward without Council
input on the theme, article topics, or other aspects of the spring issue of The Saratogan.
ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: The Saratogan Winter
2008 issue 258
Saratogan The CI TY o f SA R ATOGA CA L I F ORNI A 1956 Winter 2008 Council Priorities for 2008 The City Council is preparing to make this a successful year for Saratoga. During the
annual Council Retreat held in early February, the Mayor and Council had the opportunity to reflect upon the past year and identify new goals for 2008 to make Saratoga a better place
for residents, business, and visitors. At the top of the list is increasing civic participation. Community involvement benefits the City by keeping elected representatives in touch with
the community, providing the City Council with a better understanding of resident interests, and strengthening the sense of community that makes Saratoga an attractive place to live.
At the direction of the Council, staff will be reaching out to neighborhood groups and exploring opportunities to maintain a two-way exchange between residents and the Council. A joint
meeting between the Council and Saratoga homeowners associations is being planned for later this year. Additionally, the Parks and Recreation Commission is active once again. This newly
restored Commission will determine the best way to serve as a conduit between the council and the public, while using parks and recreation to bring the Saratoga community together. The
Council expects a regular exchange will encourage residents to become more involved in the public process by attending public meetings, serving as a commissioner, volunteering for one
the City’s many community organizations, and a variety of other activities that keep the community connected. In addition to civic participation, this year provides an opportunity to
make Saratoga more environmentally sustainable. In 2007, the City of Saratoga signed the U.S. Mayors Climate Protection Agreement. As the City works towards achieving the goals laid
out in this agreement and strives to become environmentally responsible, the City will have to identify and adopt sound environmental practices. Staff is investigating options such McWilliams
House: Reviving Saratoga’s Past The newly renovated McWilliams House opened in October 2007 thanks to the hard work of community volunteers and members of the Saratoga Historical Foundation
with Students doing laundry at McWilliams House as implementing green building standards for City facilities, replacing street lights with light-emitting diodes (LED), creating a guide
to help homeowners renovate or build their homes using environmentally sustainable practices and materials, and making it easier for residents to dispose of household hazardous waste.
While examining the City’s environmental impact, the Council also aims to reduce expenses and increase financial security. Although there has been a steady decline in property values
throughout Santa Clara County, Saratoga enjoys a relatively stable housing market that has generated sufficient property taxes to support basic City services. The City, however, receives
less than 7% of the property taxes collected in Saratoga. As a result, any reductions in funding will impact impact the delivery of fundamental City services. Staff has been instructed
to identify opportunities for cost savings and revenue generation. One effort to supplement the City’s budget will include improvements to the Village, such as lighting, landscaping,
news racks, sidewalk repairs, and the Village Façade Improvement Program. These enhancements are intended to attract businesses and shoppers to the Village and in turn produce additional
sales tax revenues. As the City Council moves forward with its plan for the next year, engaging the community in a collaborative effort to achieve these goals will be critical. The Council
is confident that the commitment to Saratoga’s wellbeing shared by its dedicated professional staff, interested citizenry, and involved Council will come together to improve the civic
participation, environmental sustainability, and financial security of the City. Attention Homeowners Associations! Help improve your connection with the City Council! Presidents are
encouraged to contact Crystal Morrow at (408) 868-1275 or cmorrow@saratoga. ca.us to learn more about opportunities to interact with the Council and future joint meetings. a shared love
of Saratoga’s history. Plans to renovate the McWilliams House began after the Saratoga Chamber of Commerce moved out of the building in 2003. Since then, the building has been restored
to its original appearance. The restoration of the McWilliams House has included both the outside and inside of the building. The four small rooms of the building, which was home to
the family of James and Martha McWilliams from 1865 to 1880, has been decorated with period appropriate Victorian furnishings. All of the furnishings have been donated by Saratoga residents.
Since the re-opening of the McWilliams House, it has been operated entirely by volunteers and is open to the public Friday through Sunday from 1:00 p.m. to 4:00 p.m. Special tours, including
programs focused on third and fourth grade classes studying California history, can be scheduled by contacting Linda Hagelin at (408) 867-3763 or lhagelin@saratogahistory.com. For more
information about the McWilliams House or to volunteer, visit www.saratogahistory.com. 259
Preserving Saratoga’s Natural Beauty One of the most attractive features of Saratoga is a mature tree canopy that contributes to the rural character of the City, which has developed
after years of hard work and care. Regular maintenance is required to keep Saratoga’s trees looking good and the winter months are the best time to maintain trees. The months between
November and February are ideal for pruning a variety of trees that can be found in Saratoga, particularly deciduous trees and Monterey Pines. Before picking up the pruning shears, it
is important to know that there is a science to tree care. While all trees should be inspected on a yearly basis, not all trees need to be pruned annually. Deciduous trees, which lose
their leaves seasonally, typically need a trimming every 3 to 5 years. Saratoga is home to a variety of deciduous trees, such as some types of oak, big leaf maple, and the California
buckeye. Conifer trees, including the redwoods growing throughout Saratoga, usually only need to be pruned pruned once every 5 to 7 years. During annual inspections it is important to
identify dead limbs, crossing branches, or unusual branches that are heavy at their ends. Removing these hazards will help encourage proper structure and good health. If it is time to
prune, take the time to find a responsible tree company. Too often trees are recklessly trimmed by contractors who disregard safe tree pruning practices or City rules. Reputable tree
care companies in the area can be found by visiting www. treesaregood.org. Contractors should be familiar with the City’s Tree Ordinance. Many residents do not realize that a permit
is required to prune a tree if more than 25% of the tree will be removed. Furthermore, permits are required for removal of all trees that measure 10 inches or more in diameter at 4.5
feet above the ground—including dead or fallen trees. Native species need a permit for removal if Façade Improvement to International Coffee Exchange on Big Basin Way they measure 6
or more inches in diameter. Preserving Saratoga’s natural ecosystem not only keeps the City beautiful, it also makes it a healthier place to live. The urban canopy significantly contributes
to the sustainability of the environment in a variety of ways. Trees are natural filters and improve the quality of air and water, by removing pollutants from the air and reducing the
amount of runoff that flows to streams and storm drains. Furthermore, trees reduce the urban heat island effect— in which dark materials in urbanized areas, such as asphalt, cause the
ground to absorb heat and in turn raise temperatures. Shade created by trees counteracts urban heat island effect and keeps city streets cooler. Residents can review removal permits
on the City’s website at www. saratoga.ca.us, which lists permits by address, name, and date. For further information about tree permits or if you suspect a tree is being illegally trimmed
or removed, please call the City Arborist at (408) 868-1276. Be sure to provide an address if you are reporting an illegal pruning or removal. Investing in the Economic Vitality of Saratoga
Village Maintaining the rustic feel of Saratoga Village is the result of an investment of time, money, and care on behalf of residents, property and business owners, and the City. Working
together, these different groups have been committed to ensuring that the Village is vibrant in the years to come. The City has recently renewed its commitment to this collaborative
effort to preserve the Village. In late 2007, the City Council set aside $50,000 for investment in the Village. This money will be used to fund the Village Façade Improvement Program
and to install more attractive news racks. The funds are expected to increase private investment in the Village and make the heart of Saratoga more attractive to customers and businesses.
The Village Façade Improvement Program offers rebates to Village property or business owners for making storefront improvements that are visible from Big Basin Way. Up to 50% of the
project cost can be refunded. The maximum reimbursement for a single project is $5,000. Additional information on the Household Hazardous Waste Disposal Service for Saratoga Residents
The improper disposal of household hazardous and electronic waste has wide ranging impacts that affect the entire region. In recent years, an alarming amount of pollutants have entered
California waterways from improperly disposed household products containing dangerous chemicals. Oil, pesticides, batteries, and thermometers containing mercury are just a few of the
household products that are being released to streams and the Bay through storm or ground water. Unless household hazardous waste is controlled, the negative impacts of these pollutants
will have a devastating impact on the Bay. To make it easier to keep California’s waterways safe, West Valley Collection & Recycling now offers Saratoga residents disposal service for
universal and electronic waste. Get rid of used oil, paints, batteries, fluorescent lights, mercury thermometers, old televisions or other electronic devices, and more for free! To make
an appointment to drop off universal or electronic waste, call West Valley Collection & Recycling at (408) 283-9250. Village Façade Improvement Program can be found at www.saratoga.ca.us.
The ambiance of the Village will be further enhanced by the installation of more appealing news racks. Council has already identified two news rack designs that better reflect the appearance
of the Village. Residents will have the opportunity to weigh in on the final decision. Before the final news rack design is selected, samples of the two different news racks will be
installed on Big Basin Way with an opinion poll to follow. Residents can expect to see the two designs in early 2008. 260
In Memory of Joan Pisani On September 24, 2007, Joan Marie Pisani, 57, passed away peacefully, surrounded by her loving family after a courageous 14-month battle against pancreatic cancer.
Joan graduated from San Jose State University in 1972 with a B.S. in Recreation and she began working as a teen coordinator for the City of Saratoga in 1974. She soon became Director
of Recreation and led the department through 33 years of growth. Joan dedicated herself to expanding community programs in the City where she lived and worked. Joan’s generous spirit
and love will always be remembered by the City staff and Saratoga residents who will continue her legacy of building community in Saratoga. Joan is survived by her husband Ron Pisani,
her two daughters Kelly and Kate, and her many family members. Joan Pisani Commission Openings Saratoga Area Senior Coordinating Council (SASCC) The Saratoga Area Senior Coordinating
Council (SASCC) is a local, non-profit, 501 (c)(3) organization dedicated to Highway 9 Safety Enhancements An increasing number of accidents along Highway 9 in recent years have prompted
Saratoga to partner with Los Gatos and Monte Sereno to make much needed improvements. This multijurisdiction safety project is aimed at improving bicycle and pedestrian safety along
this busy corridor. The project area is approximately 4.4 miles and runs between Big Basin Way in Saratoga through Monte Sereno to Los Gatos Boulevard in Los Gatos. The Highway 9 Safety
Master Plan was developed by staff from the three municipalities and engineering consultants from BKF Engineers. To ensure the Master Plan met the needs and interests of the residents
from Saratoga, Monte Sereno, and Los Gatos, the plan was reviewed by an ad hoc committee comprised of two councilmembers from each jurisdiction and input was gathered at three public
meetings. In conjunction with the creation of the Highway 9 Safety Master Plan, efforts have been made by all three cities to secure funding to be used to carry out the multimillion
dollar improvements improvements contained in the Master Plan. Much of the necessary funding has been identified and the project has been divided into phases to allow work to move forward
more quickly. The first phase began in early 2008 and will establish a continuous bicycle lane or shoulder along the entire 4.4 mile stretch of Highway 9 between Saratoga and Los Gatos.
Improvements also include pedestrian-activated crosswalks with embedded lights in two locations— Vickery Avenue in Saratoga and Massol Avenue in Los Gatos. The second phase of the safety
improvements will close substantial gaps in the existing pedestrian walkway along one side of Highway 9 to provide a continuous path from Saratoga Village to Monte Sereno. Planning for
this phase is in initial stages and construction is anticipated to begin in spring 2009. Staff members from Saratoga, Monte Sereno, and Los Gatos are still searching for additional funding
resources that are needed to complete the remaining improvements, including extending uninterrupted pedestrian pathways from Monte Sereno to Los Gatos Boulevard. One of the most substantial
expenses in the remaining phases will be a bicyclepedestrian bridge over Los Gatos Creek that will provide a direct connection from Highway 9 to the Los Gatos Creek Trail. The three
cities are working hard to ensure that the pedestrian and bicycle safety improvements along Highway 9 are completed in a timely manner. Carbon Monoxide Alarms With colder temperatures
comes an increased risk of carbon monoxide (CO) poisoning. Produced by common household appliances, such as natural gas water heaters and stoves, this colorless and odorless gas is the
leading cause of accidental poisoning deaths. During the winter months, improperly heating a home is a common cause of carbon monoxide poisoning. Fortunately, carbon monoxide can be
easily avoided by properly installing and maintaining carbon monoxide alarms. Carbon monoxide alarms can detect the gas before the initial symptoms of poisoning, which are similar to
the flu and include dizziness, fatigue, headache, nausea, and irregular breathing. Be sure to install alarms near sleeping areas and purchase alarms certified to the requirements of
the latest safety standards for CO alarms (UL 2034, IAS 6-96, or CSA 6.19.01). providing quality services and programs to seniors of all ages and abilities. SASCC recently entered into
a five year use agreement with the City to continue serving older adults in Saratoga at the Senior Center located at 19655 Allendale Avenue. Services include Adult Day Care, a nutritious
lunch program on Wednesdays, social groups, art classes, bridge lessons, computer classes, fitness classes, movies, and more. Services are provided to approximately 1,475 people each
month. In early January 2008, SASCC appointed Susan Huff as Managing Director. As the new leader of this non-profit, Susan intends to use her experience in hospitality, gerontology,
and health care to make SASCC a place where older adults can go to attend “programs that are fun, current, appealing, educational, and financially viable,” said Huff. The City of Saratoga
and SASCC are grateful to have found someone like Susan, with the essential skills and experience to lead the SASCC team. For more information about SASCC, please call (408) 868-1257
or visit at www.sascc.org. Library Commission Application Deadline May 8, 2008 Openings: 1 Youth Commission Application Deadline: May 8, 2008 For more information, please visit www.saratoga.ca.us
or contact the City Clerk at (408) 868-1269 or ctclerk@saratoga.ca.us. 261
Postal Customer Local PRSRT STD U.S. Postage PAID Saratoga, CA Permit No. 136 ECRWSS The Saratogan 13777 Fruitvale Avenue Saratoga, CA 95070 CITY o f SARATOGA C A L IFORNIA 1956 Directory
City Hall (408) 868-1200 Building Permits (408) 868-1240 Business Licenses (408) 868-1260 City Clerk (408) 868-1269 City Manager (408) 868-1216 Code Enforcement (408) 868-1214 Commission
Recruitments (408) 868-1269 Employment Opportunities (408) 868-1252 Facility Rentals (408) 868-1259 Garbage & Recycling (408) 868-1269 Park Maintenance (408) 868-1245 Park Reservations
(408) 868-1248 Recreation (408) 868-1249 Senior Center (408) 868-1257 Sheriff’s Office West Valley Division (408) 868-6600 Storm Drains (408) 868-1245 Street Maintenance (408) 868-1245
Tree Removal Permits (408) 868-1276 Volunteer Opportunities (408) 868-1216 Mills Act: Historic Buildings with a Bright Future The City of Saratoga enjoys a vibrant history that anyone
can see—literally. The City is full of reminders of its past—from the McWilliams House to Blaney Plaza to the Heritage Orchard. Throughout the City there are historical markers that
reflect the significant periods of Saratoga’s past, including traces of the Ohlone Indians that settled here thousands of years ago, the lumber industry that sparked the development
of Campbell’s Gap, the pioneers that made their home along Big Basin Way once the Saratoga Summer Camper Think Summer! While many of us are still bundled up in scarves and mittens, the
Saratoga Recreation Department is busy preparing for the 2008 Summer Camps! Summer will soon be here and now is the best time for parents to start planning for summer camps. Last year,
the City offered over 140 camps that filled up quickly. Specialty camps that focus on activities such as golf, theatre, art, soccer, tennis, basketball, dance, and much more will be
available all summer. These camps, along with a number of other recreational programs, will be featured in the Spring Recreation Activity Guide available after March 4, 2008. Don’t miss
out on summer fun; sign-up early! Saratogan is Back! Staying on top of Saratoga’s current news is now a little easier! After the publication was discontinued in 2004 due to budget cuts,
residents can once again expect to find this helpful resource in the mail on a quarterly basis. Contact the Editor The Saratogan is published quarterly by the City of Saratoga to report
on community issues and events. Community members are welcome to send questions, comments, and story ideas! Crystal Morrow Editor, The Saratogan 13777 Fruitvale Avenue Saratoga, CA 95070
Phone: (408) 868-1275 Fax: (408) 867-8559 cmorrow@saratoga.ca.us Get Involved! Help Celebrate July 4th! For the past five years, Saratoga residents have celebrated the 4th of July with
one of the largest community events in the City. This event has been organized by resident Jack Mallory, who is now looking to pass along leadership of the event to a new person or organization.
If you are interested, please contact Jack Mallory at (408) 252-7447 or mallory58@aol.com. town officially became McCartysville, and the transition into a resort town surrounded by blossoming
orchards. Markers of Saratoga’s past are abundant. There are over 100 buildings on the City’s Heritage Resources Inventory. These have been identified as buildings that are historically
or architecturally significant by the Historic Preservation Commission, in hopes that recognition on the Heritage Resources Inventory would prompt property owners to preserve their buildings.
A spot on the inventory is the first step to landmark designation and taking advantage of the Mills Act. The Mills Act is a state law that was created to make it easier to restore and
preserve historic properties. It allows property owners and local jurisdictions to enter into a contract that requires owners to preserve a historic property in exchange for reduced
property taxes. Savings vary from property to property and are determined by Santa Clara County. Many property owners have used tax savings to improve their property or restore a building’s
frontage according to its original architectural features. While there is a long list of buildings in Saratoga that would qualify for historic designation and a Mills Act contract, only
a few owners have seized the opportunity to benefit from property tax reductions. Historic landmarks play a special role in the character of Saratoga, providing the City with a rich
culture that has made it one of the best places to live. Working together, the City and its residents can ensure that the history of Saratoga is preserved for generations to come. For
more information, please call the Community Development Department at (408) 868-1222. 262
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F.
Livingstone, AICP Mary Furey SUBJECT: Advance Planning Fees RECOMMENDED ACTION: Direct Staff Accordingly. REPORT SUMMARY: At the February City Council retreat, Council asked staff to
agendize a review to establish an Advance Planning Fee. DISSCUSSION: In 2005 the City Council approved a General Plan Maintenance Fee to fund updates of the General Plan elements. A
fee of .01% of project valuation was added to all building permits to cover some of the costs of General Plan updates. The General Plan Maintenance Fee currently generates approximately
$70,000 a year. Over the last two years, staff has used funding from this fee to update the General Plan Land Use, Open Space and Conservation Elements. Staff is currently working on
updating the Housing Element. The first three updates cost a total of $109,925 and took two years to finish. The bid received to update the Housing Element is approximately $70,000.
These costs are for consultants only and do not include the costs of staff time required to manage the consultants, review and revise consultant reports, work with the community, prepare
staff reports and participate in the public review process. In addition to General Plan Element updates, staff is recommending that the City establish a regular process for updating
the zoning ordinances in the Municipal Code. Zoning updates are mandatory as building permits can not be issued if ordinances are not consistent with the General Plan. The City Council
typically asks for three code update a year. These updates include both maintaining or updating existing ordinances, and creating new ordinances. Each ordinance typically costs a minimum
of $20,000, and at least one ordinance will typically require environmental review, costing an additional $25,000 or more for a minimum total of $85,000 a year. Under the current fee
structure, zoning ordinance updates are funded by the City’s General Fund. 263
The General Plan and zoning update process is considered “Advanced Planning” (in contrast to the City’s “current planning” efforts for pending development applications). Because both
General Plan and zoning updates are essential to allow streamlined and legally adequate current planning, staff is recommending that the General Plan maintenance fee be made a part of
the Advance Planning Fee to include both General Plan and zoning updates in order to support ongoing advanced planning activities. The following annual costs represent conservative estimates
of the funding requirements: General Plan Element Updates: $ 70,000 Zoning Ordinance Updates: 85,000 Staff time for above : 45,000 Annual Advanced Planning Fee basis: $ 200,000 With
the City’s annual project valuation at approximately $7,000,000, the fee would increase from the current .01% to .0285% of project valuation, in order to increase revenues from $70,000
per year to $200,000. FISCAL IMPACTS: With an increase in the Advance Planning fees, the fee should support ongoing advance planning activities, relieving the burden on the General Fund.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Maintaining and updating the Zoning Ordinance and General Plan Elements will continue to require support from the General Fund. ALTERNATIVE
ACTION: Recommend a different fee amount. FOLLOW UP ACTION: As directed. If Council directs establishment of the adjusted fee staff will include it as part of the fee schedule adopted
as part of the budget. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. 264
SARATOGA CITY COUNCIL MEETING DATE: March 19, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone Public Works Director
Public Works Director SUBJECT: Review of Road Maintenance Fee Study RECOMMENDED ACTION: 1. Accept report and provide direction to staff. REPORT SUMMARY: In 2006, Saratoga, Monte Sereno,
Campbell, and Los Gatos commissioned a study to determine the feasibility of implementing a Road Impact Fee. The final draft was completed in June of 2007. The study’s focus was to analyze
fiscal impacts of construction vehicles and refuse vehicles on road maintenance. Bay area cities including Hillsborough, San Rafael, Monterey, San Francisco, and Morgan Hill have implemented
road impact fees. Of the City’s included in this study, only the City of Monte Sereno has approved new road impact fees. Staff understands the other jurisdictions included in the study
will be following up in the near future with their respective Councils to consider these fees. In order to justify a road impact fee an engineering analysis was conducted by CSG Consultants
(Attachment 1). The study looked at two main types of vehicles who use the City’s street system, refuse and construction vehicles. • Refuse vehicle impacts can be identified through
their scheduled routes and known vehicle weights. • Construction vehicle impacts can be determined via construction vehicle volumes, type, and load estimates. The yearly revenue estimates
from each type of impact fee are as follows: • Refuse Vehicles: $63,000 • Construction Vehicles: $632,000 If City Council determines it wants to move forward with these fees two separate
processes will be required. For refuse vehicle impact fees, negotiations with the City’s refuse hauler will need to be explored. For construction vehicle impact fees, the fees can be
considered during the next update of the City’s fee schedule which takes place during the normal budget approval process. Page 1 of 2 265
Page 2 of 2 FISCAL IMPACTS: Depends on City Council direction. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION:
If City Council directs staff to move forward on the road impact fees, negotiations and consideration of fees during the budget process will move forward. ADVERTISING, NOTICING AND PUBLIC
CONTACT: Nothing additional. ATTACHMENTS: 1. Road Impact Study. 266
CITY OF SARATOGA ROAD MAINTENANCE FEES ANALYSIS Prepared by CSG Consultants, Inc. June, 2007 1700 South Amphlett Blvd., Third Floor, San Mateo, CA 94402 (650) 522-2500 | (650) 522-2599
| www.csgwebsite.com San Mateo • Sacramento • Pleasanton • Salinas • Costa Mesa 267
Saratoga Road Maintenance Fees Analysis: June, 2007 | ROAD MAINTENANCE FEES ANALYSIS Executive Summary The City of Saratoga contracted with the City of Campbell to work with other West
Valley cities to analyze fiscal impacts of refuse and construction vehicles on road maintenance and to develop fees that might justifiably be assessed to users to mitigate costs of damage
or deterioration in pavements. A fee of $62,989 has been calculated as a fair assessment of impact of refuse vehicles on city streets and a fee up to $.77 per $100 of building valuation
has been calculated as a fair assessment of
impact of construction-related vehicles on city streets. A summary of annual deterioration costs is presented below in Table 1. Table 1: Cost of Deterioration by Vehicle Class CLASS
DETERIORATION ANNUAL COST Refuse and recycling 5.96% $62,989 Construction 59.86% $632,079 Other trucks 33.71% $356,030 All other vehicles .46% $4,902 TOTAL 100% Not applicable Purpose
of the Study The City of Saratoga desires to determine the impact of trucks on town streets that will be assessed to offset the costs of pavement damage or deterioration to city-maintained
streets. To do so, the City desires to have an engineering analysis performed that develops a nexus between the proposed fee and the cost of maintaining its pavement. Further, the City
desires to assess a fair and reasonable fee that can be relatively easily and inexpensively collected from those user groups that have a business relationship with the city. Background
Cities in the San Francisco Bay area have developed Pavement Management Programs (PMP) beginning with a pilot program managed by the Metropolitan Transportation Commission in 1984. Since
then, 106 Bay area cities and agencies have used the PMP to evaluate roads, estimate budget needs and select optimal pavement rehabilitation strategies. As pavement evaluation was conducted
on an on-going basis, agencies began to recognize that there are a number of factors that contribute to pavement damage and have attempted to quantify these factors. Studies done for
San Francisco, Santa Ana and several other large cities focused on the deterioration due to trench cuts. Another study conducted for Morgan Hill focused on damage caused by trucks as
well as that caused by numerous water line breaks. Other studies focused on damage caused by off-haul of excavated dirt. 268
Saratoga Road Maintenance Fees Analysis: June, 2007 | The resulting trench cut and off-haul fees have been protested, and as a result, many of these fees have been rescinded. However,
impacts associated with trucks, including refuse collection and building construction, have been conducted and fees implemented in a number of communities. These fees, so long as they
are based on data collected in a jurisdiction and on sound engineering principals, are increasingly being adopted and collected to offset the calculated impacts on pavement. Truck impact
fees are one of the several revenues that a jurisdiction can use to raise funds to perform pavement maintenance. Others include Gas Tax subventions, a local sales tax measure and State
grant funds. Cities may choose to augment dedicated funds with unrestricted revenues as well. Prior to the implementation of truck impact fees, most cities in the Bay area reported a
shortfall between needs and revenues, as cited in “Assessment of Local Streets & Roads 25 Year Need, Revenue and Shortfall, presented by the Metropolitan Transportation Commission at
a League of California Cities meeting on 3/3/04. Shortfalls result in deferred pavement maintenance and sub-optimal maintenance activities that can lead to visible manifestations of
underinvestment. With the institution of impact fees, agencies may be able to reduce their revenue shortfall. The City of Saratoga is a largely residential city of approximately 33,000
in the western area of the Santa Clara valley. It has some commercial activity, and a large volume of its traffic generated from activities serving the city’s residential areas. Saratoga,
along with other cities in the West Valley area of Santa Clara County, utilize the services of a refuse collection contractor to pick up refuse from properties in the city. The contractor
pays a franchise fee into the city’s General Fund in exchange for the privilege of being the sole provider of this service. This franchise fee is not related to the cost of providing
rights-of-way, nor to any costs incurred by the franchisee. The city has assessed a fee to reflect damage from refuse operations and desires to refine its internal analysis through this
study. Empirical evidence suggests that the operation of refuse vehicles on the city’s streets causes damage that requires the city, as owner of the streets, to repair. Construction
activity also contributes to damage and deterioration of city streets. The city does not charge a fee for construction-related activity, although a contractor may be assessed damages
if they can be verified. As with refuse vehicles, construction vehicles that carry heavy loads have an impact on streets that may not be readily apparent at any given time but do have
a cumulative impact. Other activities that contribute to pavement deterioration are excavations, deferred maintenance, land movement, and traffic from utility companies, buses, delivery
vehicles and fire trucks. According to the 2004 Pavement Management Program Update, the City of Saratoga needs to spend a total of nearly $9 million over the next five years on pavement
repair to achieve a PCI of 70. The city has an obligation to its residents and road users to maintain its 139 centerline miles of streets and looks to the results of this analysis to
generate additional funds to help do so. 269
Saratoga Road Maintenance Fees Analysis: June, 2007 | Procedure This study is based on relatively simple and straight-forward analysis. Pavements are designed to bear the load of vehicles
by spreading axle loads through the pavement and base to the sub-base. Heavier axle loads place greater demand on pavement, in a non-linear manner, and consequently “use up” more of
the pavement life than lighter loads. Studies conducted on behalf of various agencies suggest that pavement deteriorates through the repeated loading of vehicles and can be mitigated
through design that considers the bearing capacity of the pavement. Periodic maintenance is necessary to mitigate the effects of oxidation by solar radiation, deterioration due to water
intrusion and deterioration due to loads. The study compares the cost of maintenance plus the deferred cost of maintenance at a given level to the impacts of traffic measured on city
streets and develops a nexus between costs and several types of traffic activity. It analyzes two types of traffic and their impacts in particular, refuse collection (excluding roll-off
type bins) and building and site construction vehicles. Following is a description of tasks performed to quantify these impacts. Factors which affect both types of vehicles are presented
first, followed by an analysis of refuse collection and then analysis of construction vehicles. Overall Study Tasks Determine the Pavement Condition Index Evaluation of the roads of
the City of Saratoga was contracted by the Metropolitan Transportation Commission to perform pavement condition surveys under the Pavement Management Technical Assistance Program (P-TAP)
Round 5 to update the Pavement Management Program (PMP). The study evaluated the overall condition of the City’s street network consisting of 86.7 centerline miles of paved streets.
Estimate Cost of Roadway Deterioration The PMP includes a number of analyses that are useful in quantifying the costs of pavement maintenance and deterioration. The PMP uses unit cost
data and observations of pavement to develop projections of costs for a ten-year horizon. Although pavement wears out through use every day, the visual manifestation of deterioration
may not become evident for several years. However, taken as observations over time, the PMP does provide several useful numbers. As part of the report’s analysis, it estimates the costs
over a 10-year period to maintain the PCI. For the basis of this study, maintenance cost for five years was considered, as variables beyond this time frame are difficult to estimate.
Similar studies use a 20 year horizon, based on the assumption that pavement has a 20 year life span and can be fully depreciated over that time. However, the PMP does not calculate
a residual value, so the shorter time frame was used. If the PCI is maintained at a constant level, then the cost of maintenance should just equal the deterioration, so the annual cost
can be used to assess users. This figure was calculated in 2004, with calculations showing that over the next 5 years, maintaining the PCI will require a total expenditure of $9 million,
or an annual cost of nearly $1.8 million in roadway maintenance that was used to spread costs to users. 1. 2. 270
Saratoga Road Maintenance Fees Analysis: June, 2007 | Perform Traffic Volume Counts Vehicle counts were done at several locations representing traffic in the city. Since manual counts
were done for periods less than 24 hours, the hours represented were compared to the percentage for those hours in a 24 hour machine count for similar class of street and the physical
counts were expanded to a 24 hour day. For truck traffic, the figures were expanded based on a five day work week. Determine Truck Traffic Volumes and Classifications Traffic volumes
by functional class of vehicle, using Federal Highway Administration classifications, were taken on a number of streets in Saratoga. The counts were performed on weekdays when both construction
and refuse collection activity occur and covered approximately 3-hour intervals. The numbers obtained were then expanded by using the total average applicable machine-derived 24 hour
traffic counts for arterial, collector, or residential streets to attain a percentage consisting of different classed vehicles compared with the total vehicle count. The vehicles are
classified according to weight and the distribution of their loads over the number of axles standardized into Equivalent Single Axle Loadings (ESAL). The classifications range from passenger
vehicles and pickup trucks, whose loadings are considered negligible, to larger 5-axle single trailer trucks whose loadings do significant damage to the pavement. Additional counting
was performed in Campbell to count trucks and buses only. Vehicles were classified by visual observation by the following types: trades, delivery, landscaping service, excavation, construction
support and materials, buses and other. Refuse Collection Vehicles Analysis Refuse vehicles represent one of the more easily identifiable users who travel on city streets every weekday.
They travel at least once in each direction along every city street, and make multiple trips on some streets going to and from their base of operation to their collection routes. In
In our observations, few other vehicles have as high an ESAL as refuse collection vehicles, and the other observed vehicles are not scheduled nor do they often travel on city streets,
except for arterials and other commercial-serving streets. Therefore, one of the two major analyses of the impact of vehicles on streets focuses on refuse collection vehicles. This study
determines refuse vehicle frequency and weight and uses these figures to calculate the impact that these vehicles have as a percentage of all vehicles on city streets. An analysis based
on observations of refuse collection operations in similar jurisdictions was used to develop vehicle routing information. The prospective refuse franchisee was contacted and furnished
information on proposed refuse collection vehicles and both front and rear axle loading, but did not furnish information on routing or frequency. City staff provided information that
refuse is collected weekly, with separate trucks for trash and recycling, with the latter truck also collecting green waste. 3. 4. 271
Saratoga Road Maintenance Fees Analysis: June, 2007 | Frequency of refuse vehicle operations is based on the observation that side-loading collection vehicles will travel on each residential
street once in each direction, loading from the curb into the truck. The same is true for collector streets, with the addition two additional trips to reflect that collector streets
also have trips made on them to go to and from the franchisee’s base of operations to their assigned routes. Similarly, arterials not only have at least 2 trips for collection but also
have additional trips for vehicles passing over the arterials on their way to and from collection routes. For this study, the additional arterial trips taken on these higher classification
streets were calculated to be 3.5 trips per week, based on 5 day per week refuse collection and the city’s arterial grid pattern. As mentioned earlier, data on axle weight limits were
supplied by the refuse collector. These axle weights were converted into equivalent single axle limits (ESAL) using data from a similar study from San Rafael. ESAL values of 2.019 were
used for refuse and recyclable collecting trucks, based on the maximum axle loads of vehicles proposed to be used by the franchisee. Equivalent trips per week were determined from observations
on routing in similar jurisdictions. Calculations of the percentage ESAL impact of refuse trucks by functional street class is shown below. For example, refuse, and recyclables collection
ESALs are 5.96% of total ESALs for all vehicles on arterial streets. The distribution of refuse was compared to the total ESAL for collector, and residential streets were found to be
6.6%, and 32.6%, respectively for each of these type of streets. These percentages were multiplied by the percentage distribution of their respective street class within the city, based
on information in the PMP (e.g. residential streets are 66.6% of all street mileage), to calculate a weighted average of 3.54% based on ESAL city-wide. This percent is therefore determined
to be the contribution of damage done by refuse trucks to city streets. The annual cost of deterioration of this 5.98% is $62,989. Table 2: Refuse Vehicle Deterioration Contribution
by Class of Street Street Class Residential ESAL Trips/Wk Total ESAL for 5 yrs ESAL % as % of total 66.6% Refuse 2.019 2 1050 16.3% Green/Recy 2.019 2 1050 16.3% Collector 16.8% Refuse
2.019 4 2100 3.3% Green/Recy 2.019 4 2100 3.3% Arterial 16.6% Refuse 2.019 7 3675 1.5% Green/Recy 2.019 7 3675 1.5% 272
Saratoga Road Maintenance Fees Analysis: June, 2007 | Construction Vehicles Analysis Vehicles engaged in building and site construction represent another of the more easily identifiable
users who travel on city streets every weekday. Vehicles in this category include transports carrying earthmoving and construction materials handling equipment, dump trucks, and trades
vehicles including plumbers, electricians, HVAC and sheet metal contractors, masons and carpenters. Excluded from this category were vehicles primarily carrying landscaping tools, as
well as delivery vans, buses, vehicles not towing commercial equipment and buses. The following tasks were performed in this analysis. Determine Construction Vehicle Volume Construction
vehicle volume and classification was determined through manual counting of vehicles in classes 2 through 10. Delivery and service vehicles were excluded. Data was expanded into daily
volumes based on hourly counts and matching the hours in this study’s counts. A weighted ESAL, using FHWA ESAL figures by class, was calculated based on total truck traffic for each
class and road type in the city. This weighted measure was used to calculate the impact of construction vehicle activity. Calculate Load Volume for Building Construction Activity Load
estimates were ascertained by summarizing building permit data from FY 2005–2006 obtained from the City of Saratoga Building Department. Data was given in the form of square footage
or valuation of a specific type of construction. The square footage was converted to weight according to the type of construction materials involved (i.e. deck, retaining walls, roofing).
If only valuations were given, an approximation was made by dividing the valuation amount by cost per square foot of construction according to the average based on other homes built
or remodeled in the area. Estimates of construction traffic were derived by dividing the total weight of each type of construction by an assumed class-7 construction truck load capacity
which resulted in in number of trips made by these vehicles. (A class-7 truck is defined as “All trucks on a single frame with four or more axles”). These trips were then converted to
their respective ESAL values (ESAL = .42 for class 7). Following this analysis, staff considered the results and compared them to the analysis performed above. In a similar study, the
number of truck trips were estimated based on the capacity of a single class of truck and the assumed weight of buildings, based on building code load characteristics. While this method
might be useful in analyzing the number of truck trips to import or export soil, it was rejected in favor of the analysis described below. However, it served to develop an understanding
of the type of activity that a building permit represents. Because any permit might generate a truck trip in class 5 or above, whether it be a delivery vehicle delivering a water heater,
roofing material, or any other building material or service, this study will include all building permits as the base for assessing costs. 1. 2. 273
Saratoga Road Maintenance Fees Analysis: June, 2007 | The values in the tables below were derived from the traffic counts and show construction vehicles and other trucks converted to
ESAL. Estimate Equivalent Single Axle Loading due to Construction Activity ESAL values of 0.28, 0.29 and 0.27 were used for construction vehicles on arterial, collector and residential
streets, based on weighting by class of vehicle counted on each class of street. Our traffic counts indicated that there were approximately 2,090, 499 and 38 trips per week from construction
vehicles for arterial, collector and residential streets, respectively. Converting these values and determining the percent value of these ESALs compared to the total ESALs, by all vehicles,
resulted in 62%, 59% and 41.5% for arterial, collector, and residential streets due to construction vehicles. The weighted average due to ESALs was found to 59.86% of the total deterioration
due to construction vehicles. Apportion Cost of Roadway Deterioration by Traffic Type Using the traffic volume counts and the estimate of Equivalent Single Axle Loadings due to construction
activity, we can approximate the value of deterioration due to construction by multiplying the total cost of roadway deterioration (due to load), by the impacts, on a percentage basis
of total trips, due to construction vehicles. This will give us a dollar value for cost of roadway deterioration due to construction vehicles. The cost of roadway deterioration due to
all traffic was found to be $8.8 million 3. 4. Table 3: Construction Vehicle Deterioration Contribution by Class of Street Residential Weighted ESAL Trips/Wk Total ESAL for 5 yrs. 66.6%
Const. Veh. 0.27 38 2667.6 Other trucks 0.27 22 1544.4 Collector 16.8% Const. Veh. 0.29 499 37624.6 Other trucks 0.29 281 21187.4 Arterial 16.6% Const. Veh. 0.28 2090 152152 Other trucks
0.28 1175 85540 274
Saratoga Road Maintenance Fees Analysis: June, 2007 | The impact due to load may vary by jurisdiction. Only one jurisdiction’s PMP included an estimate of deterioration by load, and
it was based on the definition of load-related distress as defined in MTC’s pavement evaluation process. In the absence of this determination, the figure of 60% of the deterioration
in pavement that can be attributed to load, taken from a similar study performed for the City of Monterey, is used. Use of this figure is reasonable in that both areas have moderate
temperature changes and climate and lack the significant impact of freeze-thaw damage. Using the above figure, calculations yield $5.28 million due to load. Using the ESALs and the weighted
amounts of refuse, construction, trucks, and other vehicles on arterial, collector, and residential streets, we found that construction vehicles contributed 59.86% of the total deterioration
of the streets, with an annual cost of $632,079. The total valuation for construction in Saratoga for 2005-06 was $82 million. This amount was provided by summing up the valuations indicated
on all of the building permits provided by the City of Saratoga. Due to the impracticality of calculating weight of construction activity, valuation was used as a surrogate for level
of activity. This is reasonable when one considers that even a simple water heater repair could require the delivery of a heater from a class 5 or even class 8 truck. Based on the most
recent past year’s volume of building permit activity, this calculates to construction vehicles causing about $1.5 million in roadway deterioration annually. Roadway deterioration value
is almost 0.0077% of the total valuation taken from the building permits. A fee up to this amount should be applicable to companies doing construction in the city. Contractors should
be responsible for roadway deterioration based on their cumulative damage to streets. 275
Saratoga Road Maintenance Fees Analysis: June, 2007 | Appendix Analysis of Variability Many factors have been considered in an analysis of impacts on street maintenance. These factors
may vary depending on jurisdiction, data collected and conclusions drawn by others, and similar variations. Among the variables to consider are the following: locations for counts were
selected based on available data traffic counts were conducted in summer, a time when construction activity might be higher than average hours and days of the week when truck traffic
counts were taken use of tradesman vehicles for activities not requiring permits valuation variations year to year for building permits PMP evaluations and resulting maintenance and
deferred maintenance calculations number and frequency of refuse collection trips by street method of refuse collection by route ESAL calculations and the assumptions about vehicle load
and capacity allocation of costs and revenue of State and Federal fuel and excise taxes allocation of costs and revenue of State weight-related vehicle registration fees. Significant
differences in cost allocation may be derived depending on data collected and its utilization. Bibliography “City of Saratoga 2004 Pavement Management Program Update”, Harris & Assoc.
“Assessment of Local Streets & Roads 25-year Need, Revenue and Shortfall”, League of California Cities, PWOI, 03/03/2004 “Pavement Maintenance Fee Study for Morgan Hill”, CHEC Consultants,
1993 “The Effect of Utility Cuts on the Service Life of Pavements in San Francisco”, Engineering Design Center, SFSU, 05/1995 “Approving Construction Activity Road Impact Fee”, City
of Monterey DPW, 09/12/2005 “Refuse Vehicle and Construction Vehicle Impact Analysis-Final Report”, City of San Rafael, by Hilton Farnkopf & Hobson, LLC, 11/14/2003 “Refuse and Construction
Vehicle Street Maintenance Cost Analysis-Final Report”, Town of Hillsborough, Hilton Farnkopf & Hobson, LLC, 08/26/2005 “Final Report-Road Impact Fee Evaluation”, Town of Atherton, Kimley
Horn & Associates, 03/14/2005 “Design Parameters-Module 4”, Washington State DOT “Preliminary Assessment of Pavement Damage Due to Heavier Loads on Louisiana Pavements”, Louisiana Transportation
Research Center, 05/1999 ••••••••••• 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 276