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HomeMy WebLinkAbout04-18-2012 City Council PacketTable of Contents Agenda 3 Proclamation Recognizing April 20, 2012 as Arbor Day in the City of Saratoga Staff Report 9 Attachment A: Arbor Day Proclamation 11 Attachment B: Arbor Day Flyer 12 Presentation on Caltrain Modernization Program by the Valley Transportation Authority Staff Report 13 Presentation 15 City Council Meeting Minutes Staff Report 23 Attachment A: April 4, 2012 City Council Meeting Minutes 25 Review of Accounts Payable Check Registers Staff Report 33 April 3, 2012 Check Register 35 April 10, 2012 Check Register 37 Sungard Pentamation Contract Renewal Staff Report 42 Sungard Contract 44 Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 12-13 Staff Report 46 1. Resolutions (2) 48 2. Engineer's Report 53 Corporation Yard Building Solar Project — Notice of Completion Staff Report 74 Notice of Completion 76 Saratoga Village Pedestrian Enhancement Street Light Work CML -5332(018) Award of Construction Contract Council Report -Saratoga Village Pedestrian Enhancement Street Light Work Project -Award of Contract 77 Attachment 1 Bid Summary 79 Attachment 2 80 Attachment 3 82 Zoning Amendment - Sign Ordinance (Article 15-30) Staff Report 83 Informational Handouts 85 Article 15-30 - Exhibit A (proposed) 90 Ordinance 109 Findings (Exhibit 1) 113 1 Summary Table of Overall Changes 117 Current Sign Ordinance 127 Planning Commission Resolution 141 Proposed Fee Schedule Update for FY 2012/13 Staff Report 143 Proposed Fee Schedule 156 Urban County Community Development Block Grant Local Priorities Plan Staff Report 198 Community Event Grant Funding Process Staff Report 200 Attachment A: Draft Community Event Fund Application 203 Attachment B: Community Event Funding History 204 2 -114W," AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, APRIL 18, 2012 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 April 12, 2012) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Proclamation Recognizing April 20, 2012 as Arbor Day in the City of Saratoga Recommended action: Read and present the proclamation declaring April 20, 2012 as Arbor Day in the City of Saratoga. 3 SPECIAL PRESENTATIONS 2. Presentation on Caltrain Modernization Program by the Valley Transportation Authority Recommended action: Accept Valley Transportation Authority (VTA) report given by Jim Lawson, Executive Policy Advisor. 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 Meeting Minutes Recommended action: Approve minutes for the City Council Meeting on April 4, 2012. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: April 3, 2012 April 10, 2012 5. Sungard Pentamation Contract Renewal Recommended action: Review staff report and authorize the City Manager to enter into a 5 year renewal contract with Sungard Pentamation, the City's financial system Application Service Provider. 6. Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 12-13 Recommended action: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 12- 13 for renewing the Landscaping and Lighting Assessment District LLA -1. 2. Move to adopt the Resolution of Intention. 7. Corporation Yard Building Solar Project — Notice of Completion Recommended action: Move to accept the Corporation Yard Building Solar Project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. 4 8. Saratoga Village Pedestrian Enhancement Street Light Work CML -5332(018) Award of Construction Contract Recommended action: 1. Move to declare Amland Corp, of San Jose to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Amland Corp in the amount of $233,211 and authorize the City Manager to execute the same. 3. Move to authorize staff to execute change orders to the contract up to $33,189. 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 9. Zoning Amendment - Sign Ordinance (Article 15-30) Recommended action: Introduce the ordinance amending City Code Article 15-30 (Sign Ordinance). 10. Proposed Fee Schedule Update for FY 2012/13 Recommended action: Hold a public hearing to review recommendations for proposed fee changes, provide direction, and approve resolution amending the City's Fee Schedule effective for Fiscal Year 2012/13. OLD BUSINESS None NEW BUSINESS 11. Urban County Community Development Block Grant Local Priorities Plan Recommended action: Review report and provide direction to staff. 12. Community Event Grant Funding Process Recommended action: Accept report and provide direction to staff on funding level for the Community Event Program, the community event grant application process, and application evaluation criteria. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Let's Move City Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee 5 TEA Ad Hoc West Valley Mayors and Managers Association West Valley Sanitation District Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation KSAR Community Access TV Board SASCC Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Emily Lo Association of Bay Area Governments Highway 9 Ad Hoc Library Joint Powers Authority Sister City Liaison Village Ad Hoc Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Santa Clara Valley Water District Commission Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce Council Finance Committee County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council TEA Ad Hoc CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 6 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, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on April 12, 2012, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at www. saratoga. ca. us Signed this 12th day of April 2012 at Saratoga, California. Crystal Morrow City Clerk 7 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 2012 04/18 Regular Meeting —Joint meeting with Mountain Winery 05/02 Regular Meeting —Joint Meeting with Youth Commission 05/16 Regular Meeting —Joint Meeting with Montalvo Arts 06/06 Regular Meeting —Joint Meeting with Planning Commission 06/20 Regular Meeting — (5:30 p.m. — Community Center) Joint Meeting with HOA's 07/04 Fourth of July —City Hall closed 07/18 Regular Meeting 08/01 Recess 08/15 Regular Meeting —Joint meeting with Hakone Foundation 09/05 Regular Meeting —Joint Meeting with Parks and Rec/PEBTAC 09/19 Regular Meeting —Joint Meeting with West Valley Board of Trustees 10/03 Regular Meeting —Joint Meeting with Saratoga/Monte Sereno Community Foundation 10/17 Regular Meeting -- Joint Meeting with Traffic Safety Commission 11/07 Regular Meeting —Joint Meeting with Library Commission 11/21 Regular Meeting —Joint Meeting with Saratoga Ministerial Association 12/04 City Council Reorganization 12/05 Regular Meeting —Joint meeting with HPC and Historical Foundation 12/19 Regular Meeting 8 rpoit MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 18, 2012 City Manager's Office Mainini Cabute Administrative Analyst II AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson City Manager SUBJECT: Proclamation Recognizing April 20, 2012 as Arbor Day in the City of Saratoga RECOMMENDED ACTION: Read and present the proclamation declaring April 20, 2012 as Arbor Day in the City of Saratoga. BACKGROUND: Arbor Day is celebrated throughout the nation to recognize the environmental, economic, and social benefits of trees. On Friday, April 20, 2012, the City will be celebrating Arbor Day in Wildwood Park at 3:00 p.m. The event will include a ceremonial tree planting to reflect the City's commitment to preserving Saratoga's urban canopy, as well as refreshments, free bags of compost, free saplings, and activities for children. The Arbor Day proclamation will be presented to the El Quito Neighborhood Association. The City of Saratoga has been recognized as a Tree City USA. This award is bestowed to cities that have demonstrated dedication to the preservation of the community's urban forest. Last fiscal year, the City planted 76 trees and pruned and treated over 400 trees. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. Page 1 of 2 9 ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Arbor Day Proclamation Attachment B: Arbor Day Event Flyer Page 2 of 2 10 CITY OF SARATOGA PROCLAMATION DECLARING AND SUPPORTING APRIL 20, 2012 AS ARBOR DAY IN THE CITY OF SARATOGA WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the United States and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil caused by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life-giving oxygen, and provide habitat for wildlife; and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, and fuel for our fires; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal; NOW, THEREFORE, I, Chuck Page, Mayor of the City of Saratoga, do hereby proclaim April 20, 2012 as Arbor Day in the City of Saratoga, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and BE IT FURTHER RESOLVED that I urge all citizens to attend the Saratoga Arbor Day celebration on April 20, 2012 at 3:00 p.m. at Wildwood Park and plant trees to gladden the heart and promote the well-being of this and future generations. Chuck Page, Mayor City of Saratoga n The City of Saratoga invites you to celebrate trees! )chtoa Arbor Day Date: Friday, April 20, 2012 Time: 3:00 p.m. Location: Wildwood Park 20764 4th Street Saratoga, CA TREE CITY USA Join your community to show your appreciation for Saratoga's trees and celebrate Arbor Day! - Enjoy light refreshments - Listen to live music by the Skillet Likkers - Help plant a tree - Learn more about the trees in your City - Enter a tree growing challenge - Take home a sapling, bag of compost & other giveaways Did you know that the City of Saratoga is a Tree City USA? That means the City is committed to preserving Saratoga's urban canopy. During the last fiscal year, Saratoga pruned & treated neaqrly 500 trees. The City also planted 83 trees! For more information: Mainini Cabute 1 City of Saratoga mcabute@saratoga.ca.us 1 (408) 868-1275 www.saratoga.ca.us/arborday 12 4rPoV, MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: City Clerk CITY MANAGER: Dave Anderson PREPARED BY: Debbie Bretschneider DIRECTOR: SARATOGA CITY COUNCIL SUBJECT: Presentation on Caltrain Modernization Program by the Valley Transportation Authority RECOMMENDED ACTION: Accept Valley Transportation Authority (VTA) report given by Jim Lawson, Executive Policy Advisor. REPORT SUMMARY: In 2011, there was a request by Congressmember Anna Eshoo, State Senator Joe Simitian, and State Assemblymember Richard Gordon to consider using existing rail corridors throughout the state when planning High Speed Rail. As a result, the California High Speed Rail Authority (CHSRA) has included the so-called "Blended System Approach" for the northern and southern portions of the project in its draft business plan. Jim Lawson, from VTA, will give a report on the recent proposals for a Blended High Speed Rail/Caltrain project on the Caltrain right of way. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: 13 Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Caltrain Modernization Program Powerpoint Presentation 14 3/2/2012 Caltrain Modernization Program Prepared for: Stakeholder outreach meetings Prepared by: Caltrain staff February 2012 Cal, Presentation • Blended System Planning Update • Early Investment Proposal 1 15 Cale. Context • HSR approved by voters • Caltrain corridor selected to support HSR • Both systems need electrified corridor • Caltrain and HSR partnership • Combine resources to modernize corridor 3/2/2012 Care. Blended System Planning Update 2 16 3/2/2012 Cal HSR Original Plan • "Full Build" project in peninsula — 4 track system -- Fully grade separated • Local rejection • HSR "Full Build" design & project environmental activities in peninsula on hold Cal, Sap ti Peninsula Vision • Elected officials call for "blended system" • What is it? — Electrified railroad from SJ to downtown SF — Support both Caltrain and HSR — Maximize use of existing tracks • Why? — Minimize community impact — Lower project cost — Advance project delivery 3 17 3/2/2012 Ca11: Is the Blended Syste • Multiple considerations • 1st address operational feasibility • Computer simulation of existing railway — Existing mainline tracks — Electric system with advanced signal system — 3 HSR stations — Passing tracks Cale. Key Findings • Blended system concept has merit Potential: Up to 10 trains ! hour 1 direction Speeds up to 79mph and 110mph # of Trains without Passing Tracks With Passing Tracks Caltrain 6 6 HSR 2 4 .......000000011111111 4 18 3/2/2012 Planning Status tnparev ealysi. Sandra Pts. iGperatrana Considerations Grade Crossing & Traffic Nulysll Service Plan Gotlens Inrraslrurture Need Fleet Need Revenue/Cost Cal` Early Investment Proposal 5 19 3/2/2012 Cal. Context • HSR Draft Business Plan — Includes blended system concept — Discusses early investment in existing rail systems Input to HSR Revised Plan — Identification of early investment projects — Southern CA projects defined — Bay area projects being defined Cali Early Investment Parameters • Located in HSR SJ to SF segment • Support Caltrain modernization & blended system • Do not compromise local planning process • Short-term timeframe • Funding: Prop 'IA and match (up to $2B?) 6 20 3/2/2012 Cal, Draft Proposal • Vision: Blended System to downtown SF • Early Investment — Electrified Caltrain service — Caltrain/HSR transfer at Diridon • Recommended Priority Projects - Advanced signal system ($231 M) — Caltrain electrification ($785M) - Electric trains ($440M) - Infrastructure upgrade (TBD) - Rail crossings upgrade (TBD) — SF/SJ (TBD) Cal, Draft Proposal, cont:' • Additional Investment — HSR one -seat ride LA to SF — Cost and funding TBD • Key Projects — DTX - HSR and Caltrain system integration - Infrastructure upgrade --- Stations upgrade - Rail crossings upgrade — Passing Tracks TBD — Storage and Maintenance Facility TBD 7 21 3/2/2012 Outreach • City/County staff coordination • Transportation agency coordination • Public meetings - CC meetings as requested - SM Rail Corridor (February 29'") - PCC (March 2nd) cal'. Upcoming Transportation Meetings • JPB meeting — March 1st • MTC meeting — March 28th • HSR Board meeting — April 5t" 8 22 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 18, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve minutes for the City Council Meeting on April 4, 2012. BACKGROUND: The draft minutes for the City Council Meeting on April 4, 2012 are attached to this report for Council review and approval. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Page 1 of 2 23 Attachment A: April 4, 2012 City Council Meeting Minutes Page 2 of 2 24 MINUTES SARATOGA SPECIAL CITY COUNCIL MEETING APRIL 4, 2012 The City Council held a Closed Session at 5:15 p.m.in the administrative conference room in the City Manager's Office. Announcement of Closed Session Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation (Government Code section 54956.9 (b): 1 case The City Council then called the Joint Meeting with Representatives of Saratoga Schools to order at 5:30 p.m. in the Saratoga Senior Center, Saunders Room. SARATOGA REGULAR CITY COUNCIL MEETING Mayor Page called the meeting to order at 7:05 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo, Vice Mayor Jill Hunter, Mayor Chuck Page ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Crystal Morrow, City Clerk John Cherbone, Public Works Director Mary Furey, Finance and Administrative Services Director James Lindsay, Community Development Director Michael Taylor, Recreation and Facilities Director Iveta Harvancik, Senior Engineer Monica LaBossiere, Human Resources Manager Cynthia McCormick, Community Development Planner Jim Yoke, Emergency Services Coordinator REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Crystal Morrow reported that pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on March 29, 2012. REPORT FROM CLOSED SESSION Mayor Page announced that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Mayor Page provided an overview of the Joint Meeting with Saratoga School Representatives and shared some of the information that was shared, including Saratoga schools that have recently been recognized as California Distinguished Schools. Mayor Page thanked the teachers and administrators of Saratoga schools for their efforts and hard work. 25 Council Direction to Staff None ANNOUNCEMENTS Council Member Cappello announced that the Chamber of Commerce held a grand opening for the Village Market Place on April 4, 2012. The farmers market will be held every Wednesday from 2:30 p.m. to 6:30 p.m. in Blaney Plaza at the intersection of Saratoga -Sunnyvale Road and Big Basin way. Council Member Cappello encouraged the public to visit the Village Market Place. Council Member Miller shared some of the recreational opportunities in the City of Saratoga Recreation Activity Guide, including summer camps. Council Member Miller also shared information about free workshops hosted by the City of Saratoga Recreation Department at the Saratoga Library held on the 2nd Wednesday of the month. The next workshop will be on April 11, 2012 at 10:30 a.m. Vice Mayor Hunter shared that the Saratogan, the City's newsletter, is now mailed as part of the Recreation Activity Guide. Additionally, the 7th Annual Pet Parade will take place on April 28, 2012 in the Village from 10:00 a.m. to 12:00 p.m. Council Member Lo encouraged residents to visit the City website at www.saratoga.ca.us/email_subscriptions to sign up for City email subscriptions for a variety of topics, including the Saratogan and Recreation Activity Guide. CEREMONIAL ITEMS 1. Commendations for Student Council Representatives of Local Schools Recommended action: Present Certificates of Appreciation to Student Council representatives from schools in and around Saratoga. Mayor Page presented the Certificates of Appreciation to Student Council representatives. 2. Commendations for Outgoing City Commissioners Recommended action: Read and present commendations. Mayor Page presented commendations to outgoing City Commissioners Michael Bustamante and Joan Gomersall. 3. Appointment of City Commissioners Recommended action: 1. Adopt the resolution appointing one member to the Planning Commission, one member to the Traffic Safety Commission, and two members to the Heritage Preservation Commission; and 2. Direct the City Clerk to administer the Oaths of Office. RESOLUTION NO. 12-022 26 HUNTER/CAPPELLO MOVED TO: 1. ADOPT THE RESOLUTION APPOINTING ONE MEMBER TO THE PLANNING COMMISSION, ONE MEMBER TO THE TRAFFIC SAFETY COMMISSION, AND TWO MEMBERS TO THE HERITAGE PRESERVATION COMMISSION; AND 2. DIRECT THE CITY CLERK TO ADMINISTER THE OATHS OF OFFICE. MOTION PASSED 5-0-0. City Clerk Crystal Morrow then administered the Oaths of Office to the appointed Commissioners. SPECIAL PRESENTATIONS None CONSENT CALENDAR 4. City Council Meeting Minutes Recommended action: Approve minutes for the City Council Meeting on March 21, 2012. MILLER/HUNTER MOVED TO APPROVE MINUTES FOR THE CITY COUNCIL MEETING ON MARCH 21, 2012. MOTION PASSED 5-0-0. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: March 20, 2012 March 27, 2012 MILLER/HUNTER MOVED TO ACCEPT CHECK REGISTERS FOR THE ACCOUNTS PAYABLE PAYMENT CYCLES FOR MARCH 20, 2012 AND MARCH 27, 2012. MOTION PASSED 5-0-0. 6. Final Contract Amendment between the Board of Administration California Public Employees' Retirement System and City of Saratoga — Miscellaneous Employees Recommended action: 1. Waive the second reading and adopt the Ordinance authorizing the final contract amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System (Ca1PERS) and the City Council of the City of Saratoga; and 2. Authorize the Mayor to sign the amendment to the Contract between the Board of Administration California Public Employees' Retirement System and City of Saratoga. ORDINANCE NO. 289 MILLER/HUNTER MOVED TO: 1. WAIVE THE SECOND READING AND ADOPT THE ORDINANCE AUTHORIZING THE FINAL CONTRACT AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE 27 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF SARATOGA; AND 2. AUTHORIZE THE MAYOR TO SIGN THE AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND CITY OF SARATOGA. MOTION PASSED 5-0-0. 7. Development Agreement for 22100 Mt. Eden Road Recommended action: Staff recommends the Council waive the Second Reading and adopt the Development Agreement and direct staff to publish a comprehensive summary thereof in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. City Attorney Richard Taylor requested that this item be removed to note that staff made minor changes to the Development Agreement, ordinance, and plans to correct clerical errors. Mayor Page invited public comment on the item. No one requested to speak. ORDINANCE NO. 290 MILLER/HUNTER MOVED TO WAIVE THE SECOND READING, ACCEPT THE CHANGES DETAILED BY CITY ATTORNEY RICHARD TAYLOR, ADOPT THE DEVELOPMENT AGREEMENT WITH THE CHANGES, AND DIRECT STAFF TO PUBLISH A COMPREHENSIVE SUMMARY THEREOF IN A NEWSPAPER OF GENERAL CIRCULATION OF THE CITY OF SARATOGA WITHIN 15 DAYS AFTER ITS ADOPTION. MOTION PASSED 5-0-0. 8. Declaration of Surplus Vehicles & Equipment Recommended action: 1. Move to declare the following vehicles as surplus and authorize their sale at auction: • Vehicle # 84 1995 GMC Sonoma • Vehicle # 104 2003 Chevrolet Silverado 1500 • Equipment # E032 1998 Toro 560 D Mower • Equipment # E041 1996 Toro 223 Mower • Equipment # E012 Bandit Wood Chipper MILLER/HUNTER MOVED TO: 1. MOVE TO DECLARE THE FOLLOWING VEHICLES AS SURPLUS AND AUTHORIZE THEIR SALE AT AUCTION: • VEHICLE # 84 1995 GMC SONOMA • VEHICLE # 104 2003 CHEVROLET SILVERADO 1500 • EQUIPMENT # E032 1998 TORO 560 D MOWER • EQUIPMENT # E041 1996 TORO 223 MOWER 28 • EQUIPMENT # E012 BANDIT WOOD CHIPPER MOTION PASSED 5-0-0. 9. Resolution in Support of Assembly Bill 1642 Recommended action: Approve the resolution in support of Assembly Bill (AB) 1642 and authorize the Mayor to sign the letter of support for AB 1642. RESOLUTION NO. 12-019 MILLER/HUNTER MOVED TO APPROVE THE RESOLUTION IN SUPPORT OF ASSEMBLY BILL (AB) 1642 AND AUTHORIZE THE MAYOR TO SIGN THE LETTER OF SUPPORT FOR AB 1642. MOTION PASSED 5-0-0. 10. Resolution in Opposition of Assembly Bill 1627 Recommended action: Approve resolution in opposition of Assembly Bill 1627- Healthy Neighborhoods Act. RESOLUTION NO. 12-020 MILLER/HUNTER MOVED TO APPROVE RESOLUTION IN OPPOSITION OF ASSEMBLY BILL 1627- HEALTHY NEIGHBORHOODS ACT. MOTION PASSED 5-0-0. PUBLIC HEARINGS None OLD BUSINESS 11. Saratoga Community Event Fee Waiver Requests Recommended action: Accept report and provide direction to staff. Recreation and Facilities Director Michael Taylor presented the staff report. Mayor Page invited public comment on the item. No one requested to speak. MILLER/CAPPELLO MOVED TO AUTHORIZE USE OF COMMUNITY BUILDING EVENTS FUNDS TO PAY FOR CITY -RELATED FEES UP TO $800 FOR THE INTERNATIONAL ODER OF ODD FELLOWS ANNUAL EASTER EGG HUNT AT WILDWOOD PARK. MOTION PASSED 5-0-0. COUNCIL DIRECTION: Review costs of fundraiser park rentals in the User Fee Schedule, return to Council with options for an application process that allows community event organizers to request special event funding, and review special event permitting and the park rental 29 process to make organization of special events more transparent and customer friendly. 12. Saratoga Light Poles Vertical Banner Policy Recommended action: Staff recommends adopting the attached Policy Regulating the Public Use of Vertical Banners on Select Saratoga Light Poles. Recreation and Facilities Director Michael Taylor presented the staff report. Mayor Page invited public comment on the item. No one requested to speak. MILLER/HUNTER MOVED TO APPROVE THE POLICY REGULATING THE PUBLIC USE OF VERTICAL BANNERS ON SELECT SARATOGA LIGHT POLES WITH THE FOLLOWING REVISIONS: - PARAGRAPH 1— ADD THE FOLLOWING SENTENCE TO THE END OF PARAGRAPH, "STAFF MAY APPROVE PROPOSALS THAT USE FEWER THAN ALL BANNER LOCATIONS AND WILL ASSIGN BANNER LOCATIONS AS APPROPRIATE." - PARAGRAPH 1— CHANGE THE LAST SENTENCE TO READ "GROUPS MAY BE ASKED TO SHOW PROOF OF NON-PROFIT STATUS AND PRIMARY PLACE OF BUSINESS." PARAGRAPH 2 - ADD A SENTENCE INDICATING THAT STAFF DECISIONS MAY BE APPEALED TO THE CITY COUNCIL IN ACCORDANCE WITH CITY CODE - PARAGRAPH 2 — ADD THE WORD "FISCAL" BETWEEN "EACH" AND "YEAR" IN THE FIRST SENTENCE - PARAGRAPH 3 — REMOVE THE WORD "NON-PROFIT" FROM PRIORITY 2 MOTION PASSED 5-0-0. NEW BUSINESS 13. Saratoga Library Solar Project Recommended action: Saratoga Library Solar Project — Award of Construction Contract — Award of Construction Contract Public Works Director John Cherbone presented the staff report. Mayor Page invited public comment on the item. No one requested to speak. MILLER/HUNTER MOVED TO DECLARE CENTRAL CALIFORNIA SOLAR ELECTRIC TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT, AWARD A CONSTRUCTION CONTRACT TO CENTRAL CALIFORNIA SOLAR ELECTRIC IN THE AMOUNT OF $220,000.00 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME, AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $22,000, AND ADD ELECTRIC VEHICLE CHARGING 30 STATIONS TO THE SARATOGA LIBRARY PARKING LOT TO BE POWERED BY THE LIBRARY SOLAR PANELS AND FUNDED WITH REMAINING ELECTRIC VEHICLE CHARGING STATION CAPITAL IMPROVEMENT PROJECT FUNDS. MOTION PASSED 5-0-0. 14. Resolution Amending the City of Saratoga's Conflict of Interest Code Recommended action: Adopt resolution amending the City of Saratoga's Conflict of Interest Code. City Attorney Richard Taylor presented the staff report. Mayor Page invited public comment. No one requested to speak. RESOLUTION NO. 12-021 CAPPELLO/MILLER MOVED TO ADOPT RESOLUTION AMENDING THE CITY OF SARATOGA'S CONFLICT OF INTEREST CODE. MOTION PASED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Let's Move City Ad Hoc — During the Joint Meeting with Saratoga School Representatives, the Let's Move City Ad Hoc shared information about Healthier U.S. School Challenge and efforts the City of Saratoga is taking to promote health. West Valley Sanitation District — The Sanitation District is currently in the process of recruiting a District Director. Vice Mayor Jill Hunter SASCC — SASCC recently received a donation of more than $100,000. Council Member Emily Lo Sister City Liaison — The Sister City's student exchange program is still accepting applications. Students who participate in the program will have the opportunity to stay in Muko, Japan over the summer. Participating families in Saratoga will also host students from Muko, Japan during the summer Council Member Howard Miller Santa Clara Valley Water District Commission — The Water District will be meeting the week of April 9, 2012. Valley Transportation Authority PAC — the VTA PAC meeting next week has been canceled for the groundbreaking of the BART extension to Silicon Valley on April 12, 2012 at 2:00 p.m. at 1404 Mabury Road in San Jose. Council Member Manny Cappello Chamber of Commerce — The Chamber is meeting the week of April 9, 2012. Let's Move City Ad Hoc — The Ad Hoc will be meeting soon to discuss developments of the City's Let's Move initiative. 31 TEA Ad Hoc — Council Member Cappello will be attending the State's Assembly Local Government Committee to advocate for adoption of Assembly Bill 1816 on April 11, 2012. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT None ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 10:18 P.M. MOTION PASSED 5-0-0. Minutes respectfully submitted: Crystal Morrow, City Clerk 32 SARATOGA CITY COUNCIL MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DEPT. DIRECTOR: Mary Furey SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: April 3, 2012 April 10, 2012 REPORT SUMMARY: Attached are Check Registers for: Date Check No. Issued to Fund Dept. Purpose Amount Prior Check Register 119881 G Bortolotto Starting Ending Check 2012 Pavement Mgmt 341,766.88 Checks 119914 Ending Check Type of Checks Date Check No. No. Total Checks Amount Released Date No. Accounts Payable 4/3/12 119874 119900 27 366,216.14 04/03/12 3/27/12 119873 Accounts Payable 4/10/12 119901 119958 58 187,412.50 04/10/12 4/3/12 119900 Accounts Payable checks issued for $20,000 or greater: Date Check No. Issued to Fund Dept. Purpose Amount 4/3/12 119881 G Bortolotto CIP Gas Tax PW 2012 Pavement Mgmt 341,766.88 4/10/12 119914 David Powers & Assoc CIP Streets & Grant PW Village Ped Enhancement 124,195.50 Accounts Payable checks voided during this time period: AP Date Check No. Issued to Status Amount 3/20/12 119791 Megapath Void - Reissue 33 Cash reductions by fund: Fund # Fund Description 04/03/12 04/10/12 Total 111 General Fund 13,676.60 35,718.89 49,395.49 212 Saratoga Housing & Rehab. Pgm. 11,110.80 11,110.80 231 Village Lighting 143.00 143.00 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape 85.00 85.00 242 Bonnet Way Landscape 135.00 135.00 243 Carnelian Glen 135.00 135.00 244 Cunningham/Glasgow Landscape 150.00 150.00 245 Fredericksburg Landscape 132.00 132.00 246 Greenbriar Landscape 406.00 406.00 247 Kerwin Ranch Landscape 311.00 311.00 248 Leutar Court Landscape 85.00 85.00 249 Manor Drive Landscape 160.00 160.00 251 McCartysville Landscape 1,020.00 180.00 1,200.00 252 Prides Crossing Landscape 448.00 448.00 253 Saratoga Legends Landscape 1,216.73 1,216.73 254 Sunland Park Landscape 203.00 203.00 255 Tricia Woods Landscape 45.00 45.00 271 Beauchamps Landscape 85.00 85.00 272 Bellgrove Landscape 1,598.00 1,598.00 273 Gateway Landscape 203.00 203.00 274 Horseshoe Landscape/Lighting 320.00 320.00 275 Quito Lighting 165.00 165.00 276 Tollgate LLD 90.00 90.00 277 Village Commercial Landscape 75.00 75.00 311 Library Bond Debt Service 100.00 100.00 411 CIP Street Projects 3,579.08 28,139.84 31,718.92 412 CIP Park & Trail Projects - 413 CIP Facility Projects - 414 CIP Admin Projects - 421 Tree Fund - 431 Grant Fund - CIP Streets 102,009.94 102,009.94 432 Grant Fund - Parks & Trails - 481 Gas Tax Fund 341,766.88 710.00 342,476.88 611 Liability/Risk Mgt - 612 Workers' Comp 400.00 400.00 621 Office Support 875.76 875.76 622 IT Services 117.28 117.28 623 Vehicle & Equipment Maint 3,514.58 2,370.88 5,885.46 624 Building Maintenance 1,780.80 1,780.80 632 IT Equipment Replacement 366.58 366.58 TOTAL 366,216.14 187,412.50 - - - 553,628.64 FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format 34 SUNGARD PUBLIC SECTOR DATE: 04/03/2012 TIME: 16:53:41 PAGE NUMBER: 1 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120403 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119874 04/03/12 11111 11111 TOTAL 11111 11111 11111 11111 11111 TOTAL 119875 119876 119876 CHECK 119877 119877 119877 119877 119877 119877 CHECK 04/03/12 04/03/12 04/03/12 VENDOR 521 ALLIED LOCK & SAFE INC 798 ANGELINA, PATRICIA 825 825 04/03/12 176 04/03/12 176 04/03/12 176 04/03/12 176 04/03/12 176 04/03/12 176 119878 04/03/12 342 119879 04/03/12 1 119880 04/03/12 942 119881 119881 CHECK 119882 119882 119882 119882 119882 119882 119882 119882 119882 119882 119882 119882 119882 119882 119882 119882 CHECK 11111 119883 11111 119884 11111 119885 11111 119886 04/03/12 452 04/03/12 452 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 04/03/12 CANDACE TROY CANDACE TROY CIENEGA LANDSCAPING CIENEGA LANDSCAPING CIENEGA LANDSCAPING CIENEGA LANDSCAPING CIENEGA LANDSCAPING CIENEGA LANDSCAPING DATA TICKET INC DEPT OF ENVIROMENTAL HEA DIANE FUKUDA G BORTOLOTTO & COMPANY, G BORTOLOTTO & COMPANY, BUDGET UNIT 1115301 1116101 1116101 1116101 2775302 1115301 1115301 2435302 1115301 2745302 1117101 6235202 1116101 DESCRIPTION KEYS/PARKS INSTRUCTOR-ROSEN MTH INSTRUCTOR - PAINTING INSTRUCTOR - PAINTING NEWS RACK MAINT 3/12 VILLAGE GARBAGE 3/12 FOOTHILL PARK 03/12 CARNELIAN GLEN 03/12 CONGRESS SPRINGS 3/12 HORSE SHOE DR 03/12 CITATION FEES 02/12 HAZ WASTE PERMIT FEES INSTRUCTOR - COOKING 481 RETENTION HELD-PO#097 4819111-001 454 GACHINA LANDSCAPE MANAGE 1115301 454 GACHINA LANDSCAPE MANAGE 1115301 454 GACHINA LANDSCAPE MANAGE 2425302 454 GACHINA LANDSCAPE MANAGE 2445302 454 GACHINA LANDSCAPE MANAGE 2455302 454 GACHINA LANDSCAPE MANAGE 2465302 454 GACHINA LANDSCAPE MANAGE 2465302 454 GACHINA LANDSCAPE MANAGE 2495302 454 GACHINA LANDSCAPE MANAGE 2525302 454 GACHINA LANDSCAPE MANAGE 2555302 454 GACHINA LANDSCAPE MANAGE 2715302 454 GACHINA LANDSCAPE MANAGE 2755302 454 GACHINA LANDSCAPE MANAGE 2755302 454 GACHINA LANDSCAPE MANAGE 2765302 454 GACHINA LANDSCAPE MANAGE 2485302 454 GACHINA LANDSCAPE MANAGE 2415302 455 1048 171 804 GARDENLAND POWER EQUIPME 1115301 JAIME MCAVOY LABOSSIERE, MONICA LAUREN K GRAVES 1113301 1113301 1116101 2012 PAVEMENT MGMT BIG BASIN/MAINT SRVCS MEDIANS BONNET WAY CUNNINGHAM/GLASGOW FREDRICKSBURG GREENBRIAR AZULE GREENBRIAR SEAGULL MANOR DR PRIDES CROSSING TRICIA WOODS BEAUCHAMPS QUITO PASEO QUITO MARTHA TOLLGATE LEUTAR CT ARROYO DE SARATOGA SUPPLIES - PARKS MILEAGE REIM/CONF3/21 MILEAGE REIM/CONF3/12 INSTRUCTOR - DANCE SALES TAX 0.00 0.00 AMOUNT 12.44 206.50 0.00 341.25 0.00 262.50 0.00 603.75 0.00 75.00 0.00 220.00 0.00 178.00 0.00 135.00 0.00 400.00 0.00 320.00 0.00 1,328.00 0.00 100.00 0.00 2,552.00 0.00 412.20 0.00 -37,974.10 0.00 379,740.98 0.00 341,766.88 0.00 68.00 0.00 4,327.00 0.00 135.00 0.00 150.00 0.00 132.00 0.00 219.00 0.00 187.00 0.00 160.00 0.00 448.00 0.00 45.00 0.00 85.00 0.00 60.00 0.00 105.00 0.00 90.00 0.00 85.00 0.00 85.00 0.00 6,381.00 0.00 619.52 0.00 21.27 0.00 22.38 0.00 46.50 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 04/03/2012 CITY OF SARATOGA ACCTPA21 TIME: 16:53:41 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120403 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119887 04/03/12 221 11111 119888 04/03/12 518 11111 119889 04/03/12 499 11111 119890 04/03/12 278 11111 11111 11111 TOTAL 11111 11111 11111 TOTAL 11111 11111 11111 TOTAL 11111 11111 11111 TOTAL 119891 119891 119891 CHECK 119892 119892 119892 CHECK 04/03/12 409 04/03/12 409 04/03/12 409 04/03/12 729 04/03/12 729 04/03/12 729 119893 04/03/12 136 119894 119894 119894 119894 CHECK 119895 119895 CHECK 119896 119897 119898 119899 119900 119900 CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT 04/03/12 160 04/03/12 160 04/03/12 160 04/03/12 160 04/03/12 236 04/03/12 236 04/03/12 248 04/03/12 256 04/03/12 1032 04/03/12 402 VENDOR BUDGET UNIT LORAL LANDSCAPING, INC 2515302 MARTIN & CHAPMAN COMPANY 1112201 CARPENTERS LOCAL 2236 (M 111 PETROTEK 6235202 REPUBLIC ITS INC REPUBLIC ITS INC REPUBLIC ITS INC 2315302 1115201 4119111-001 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SARATOGA SCHOOL OF DANCE 1116101 SCOTTY'S AUTOMOTIVE 6235202 SIERRA PACIFIC TURF SUPP 1115301 SIERRA PACIFIC TURF SUPP 1115301 SIERRA PACIFIC TURF SUPP 1115301 SIERRA PACIFIC TURF SUPP 1115301 SOLECTRIC ELECTRICAL 1115301 SOLECTRIC ELECTRICAL 1115301 STATE OF CA FRANCHISE TA 111 STEVENS CREEK QUARRY INC 4119111-001 UNITED STATES TREASURY 111 VISTA LANDSCAPE & MAINTE 4119111-001 04/03/12 408 WCBS - WEST COAST BUILDI 1115301 04/03/12 408 WCBS - WEST COAST BUILDI 1115301 DESCRIPTION SALES TAX REMVL/TREE MULCH 0.00 SUPPLIES - ELECTION 0.00 DED:3000 DUES 0.00 TESTING 3/12 -TRAINING 0.00 DOWNTOWN LIGHT REPAIR MTHLY MAINT 01/12 REPAIRS/CALLOUTS 1/12 INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE MAINTENANCE-VEH#107 FERTILIZER - PARKS TREE FERTILIZER -PARKS SUPPLIES - PARKS SUPPLIES - PARKS RPR/SARA AV/MONUMENT REPAIRS/BATTING CAGE DED:2011 FTB W/H MATERIALS & DUMPING DED:2012 IRS LEVY CLEANUP/SULLIVAN CT LIBRARY 03/12 03/01/12 SERVICES AMOUNT 1,020.00 67.54 330.00 440.00 0.00 143.00 0.00 1,425.00 0.00 1,059.10 0.00 2,627.10 0.00 2.40 0.00 2.40 0.00 1.36 0.00 6.16 0.00 522.58 0.00 514.19 0.00 244.65 0.00 319.77 0.00 150.77 0.00 1,229.38 0.00 656.74 0.00 1,419.22 0.00 2,075.96 0.00 100.00 0.00 69.98 0.00 405.00 0.00 2,450.00 0.00 100.00 0.00 700.00 0.00 800.00 0.00 366,216.14 0.00 366,216.14 0.00 366,216.14 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 04/10/2012 CITY OF SARATOGA ACCTPA21 TIME: 16:31:26 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120410 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT VENDOR BUDGET UNIT DESCRIPTION SALES TAX AMOUNT 11111 119901 04/10/12 521 ALLIED LOCK & SAFE INC 6246202 SUPPLIES - FACILITIES 0.00 22.79 11111 119902 04/10/12 977 AQUA SYSTEMS INC. 6246202 JANITORIAL SUPPLIES 0.00 420.77 11111 119903 04/10/12 953 ARC 4319138-001 COPIES/SARATOGA VLGE 0.00 1,627.54 11111 119903 04/10/12 953 ARC 4119138-001 COPIES/SARATOGA VLGE 0.00 210.87 11111 119903 04/10/12 953 ARC 1114201 PARKER RANCH ROAD 0.00 399.50 TOTAL CHECK 0.00 2,237.91 11111 119904 04/10/12 303 BAY AREA FLOOR MACHINE C 6246202 JANITORIAL SUPPLIES 0.00 137.50 11111 119905 04/10/12 500 BOB STALLINGS 1116201 REFUND - FACILITY 0.00 95.00 11111 119906 04/10/12 692 CBSC 1114201 Q1/CBSC FFES 0.00 343.80 11111 119907 04/10/12 130 CDW GOVERNMENT 6323202 SUPPLIES -CARTRIDGE 0.00 366.58 11111 119908 04/10/12 500 CHRISTINA FORD 111 REFUND - FACILITY 0.00 300.00 11111 119909 04/10/12 975 CITY OF SARATOGA-PETTY C 1115101 FILING FEES 0.00 15.00 11111 119909 04/10/12 975 CITY OF SARATOGA-PETTY C 1114101 FILING FEES 0.00 35.50 11111 119909 04/10/12 975 CITY OF SARATOGA-PETTY C 1111201 HPC MTGS/SUPPLIES 0.00 34.99 11111 119909 04/10/12 975 CITY OF SARATOGA-PETTY C 1114101 MEETINGS/SUPPLIES 0.00 4.00 TOTAL CHECK 0.00 89.49 11111 119910 04/10/12 229 COAST OIL COMPANY LLC 6235202 UNLEADED/DIESEL 0.00 2,308.38 11111 119911 04/10/12 235 COMCAST 6223201 MTHLY SRV 03/26-04/25 0.00 117.28 11111 119912 04/10/12 1 COUNTY OF SANTA CLARA 212 PRINCIPAL 7/1-4/6/12 0.00 11,110.80 11111 119913 04/10/12 589 CPO LTD 6213102 MTHLY SRV 02/22-03/21 0.00 875.76 11111 119914 11111 119914 TOTAL CHECK 11111 119915 11111 119915 TOTAL CHECK 04/10/12 528 DAVID . GATES & ASSOCIAT 4319142-010 04/10/12 528 DAVID . GATES & ASSOCIAT 4119142-010 04/10/12 206 04/10/12 206 VILLAGE PED ENH PHASE VILLAGE PED ENH PHASE DAVID J. POWERS & ASSOC 4119152-002 QUITO RD BRIDGES PROJE DAVID J. POWERS & ASSOC 4319152-002 QUITO RD BRIDGES PROJE 0.00 99,356.40 0.00 24,839.10 0.00 124,195.50 0.00 256.50 0.00 1,026.00 0.00 1,282.50 11111 119916 04/10/12 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR - GOLF 0.00 477.36 11111 119916 04/10/12 211 DEEP CLIFF GOLF COURSE 1116101 INSTRUCTOR - GOLF 0.00 636.48 TOTAL CHECK 0.00 1,113.84 11111 119917 04/10/12 247 DEPARTMENT OF CONSERVATI 1114201 Q1 SMIP FEES 0.00 788.09 11111 119918 04/10/12 1 DEPARTMENT OF REVENUE 1117101 PARKING CIT 03/12 0.00 75.00 11111 119919 04/10/12 651 ELLA CHEKHANOVSKAYA 1116101 INSTRUCTOR - GYM 0.00 13.50 11111 119920 04/10/12 415 ERGOVERA 6128501 ERGO EVAL 03/20/12 0.00 400.00 37 SUNGARD PUBLIC SECTOR DATE: 04/10/2012 TIME: 16:31:26 PAGE NUMBER: 2 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120410 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119921 11111 119922 11111 119922 11111 119922 TOTAL CHECK 11111 11111 11111 TOTAL 119923 119924 119925 119926 119926 119926 CHECK 11111 119927 11111 11111 TOTAL 11111 11111 TOTAL 11111 11111 TOTAL 119928 119928 CHECK 119929 119929 CHECK 119930 119930 CHECK 11111 119931 11111 119932 119933 119933 119933 119933 119933 CHECK 11111 119934 11111 119935 11111 119936 11111 119937 04/10/12 416 04/10/12 419 04/10/12 419 04/10/12 419 04/10/12 500 04/10/12 1050 04/10/12 463 04/10/12 470 04/10/12 470 04/10/12 470 04/10/12 648 04/10/12 14 04/10/12 14 04/10/12 24 04/10/12 24 04/10/12 525 04/10/12 525 VENDOR BUDGET UNIT EVANS WEST VALLEY SPRAY 1115301 EVENT SERVICES EVENT SERVICES EVENT SERVICES 1115301 1115301 1115301 FREDERICK DRORIAN 111 GOLDEN HARVEST CATERING 1118302 GRAINGER 6246202 GREGORIAN, AGNES GREGORIAN, AGNES GREGORIAN, AGNES 1116101 1116101 1116101 HEALTH EDUCATION SERVICE 6246202 HYDROTEC IRRIGATION EQUI 1115301 HYDROTEC IRRIGATION EQUI 1115301 ICE CENTER OF CUPERTINO 1116101 ICE CENTER OF CUPERTINO 1116101 JAMELLO, NANCY JAMELLO, NANCY 1116101 1116101 04/10/12 92 JOHN DEERE LANDSCAPES, I 1115301 04/10/12 127 KELLY MOORE PAINT COMPAN 6246202 04/10/12 132 04/10/12 132 04/10/12 132 04/10/12 132 04/10/12 132 04/10/12 524 04/10/12 929 04/10/12 500 04/10/12 100 KEN FUSON PEST MANAGEMEN 1115301 KEN FUSON PEST MANAGEMEN 1115301 KEN FUSON PEST MANAGEMEN 1115301 KEN FUSON PEST MANAGEMEN 1115301 KEN FUSON PEST MANAGEMEN 1115301 KIRK, ROBERT KOPPEL 111 & GRUBER PUBLIC F 1115101 KRISTIN GRAGNOLA KSAR 111 1118301 DESCRIPTION SPRAY OAKS/FRUITVALE PORTABLE /4TH STREET MTHLY RNTL-PROSP03/12 MTHLY RNTL-WVC 03/12 REFUND - FACILITY 3/25/12 COMM EVENT SUPPLIES - FACILITIES INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE AED PADS PG&E BOX/WILDWOOD PK RPR PIPE/MELLON DR INSTRUCTOR -ICE SKTNG INSTRUCTOR -ICE SKTNG INSTRUCTOR - YOGA INSTRUCTOR - YOGA SUPPLIES/PARKS PAINT SUPPLIES PEST CNTRL/WILDWOOD PEST CNTRL/K.MORAN PK PEST CNTRL/GARDNER PK PEST CNTRL/RAVENSWOOD PEST CNTRL/CIVIC CTR MED REIM/JAN-MAR2012 DIST LLA 01/12-03/12 REFUND - FACILITY BROADCAST 03/12 SALES TAX AMOUNT 0.00 2,465.00 0.00 368.05 0.00 303.10 0.00 151.55 0.00 822.70 0.00 500.00 0.00 3,015.32 0.00 57.99 0.00 172.50 0.00 580.50 0.00 345.00 0.00 1,098.00 0.00 128.86 0.00 185.65 0.00 76.91 0.00 262.56 0.00 11.01 0.00 384.00 0.00 395.01 0.00 7.50 0.00 22.50 0.00 30.00 0.00 73.34 0.00 82.09 0.00 210.00 0.00 90.00 0.00 90.00 0.00 30.00 0.00 465.00 0.00 885.00 0.00 600.00 0.00 1,848.75 0.00 100.00 0.00 2,600.00 SUNGARD PUBLIC SECTOR DATE: 04/10/2012 TIME: 16:31:26 PAGE NUMBER: 3 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120410 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO 11111 119938 11111 119938 TOTAL CHECK 119939 119939 119939 119939 119939 119939 119939 119939 119939 119939 119939 119939 CHECK 11111 119940 11111 119941 11111 119941 TOTAL CHECK 119942 119942 119942 119942 119942 119942 119942 CHECK 11111 119943 11111 11111 TOTAL 119944 119944 CHECK 11111 119945 11111 119946 119948 119948 119948 119948 119948 119948 119948 119948 119948 ISSUE DT 04/10/12 1046 04/10/12 1046 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 221 221 221 221 221 221 221 221 221 221 221 221 04/10/12 500 04/10/12 1011 04/10/12 1011 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 145 145 145 145 145 145 145 04/10/12 540 04/10/12 168 04/10/12 168 04/10/12 1049 04/10/12 500 04/10/12 729 04/10/12 729 04/10/12 729 04/10/12 729 04/10/12 729 04/10/12 729 04/10/12 729 04/10/12 729 04/10/12 729 VENDOR LAURA MAITA LAURA MAITA LORAL LORAL LORAL LORAL LORAL LORAL LORAL LORAL LORAL LORAL LORAL LORAL LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, LANDSCAPING, MARCUS OWENS NICOLE BETTRAY NICOLE BETTRAY OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT OFFICE DEPOT INC. INC. INC. INC. INC. INC. INC. ORCHARD SUPPLY INC INC INC INC INC INC INC INC INC INC INC INC ORCHARD SUPPLY HARDWARE - ORCHARD SUPPLY HARDWARE - PINE VALLEY ECO PRODUCTS BUDGET UNIT 1116101 1116101 1115301 1115301 1115301 1115301 1115301 2515302 2545302 2475302 2725302 2535302 2735302 1115301 111 1116101 1116101 1114102 1115201 1115301 1114101 1114201 1116101 1116101 6246202 1115201 1115301 4119111-001 ROSIO PINEDA 111 SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL OF OF OF OF OF OF OF OF OF DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 39 DESCRIPTION INSTRUTOR - YOGA INSTRUCTOR - YOGA BEAUCHAMPS PARK RAVENWOOD PARK AZULE PARK KEVIN MORAN PARK HISTORICAL PARK MCCARTYSVILLE SUNLAND KERWIN RANCH BELLGROVE LEGENDS GATEWAY PROSPECT CENTER REFUND - FACILITY INSTRUCTOR - YOGA INSTRUCTOR - YOGA OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES JANITORIAL SUPPLIES SUPPLIES/STREETS SUPPLIES/PARKS ASPHALT PATCH IT KITS REFUND - FACILITY INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE INSTRUCTOR - DANCE SALES TAX AMOUNT 0.00 17.25 0.00 165.00 0.00 182.25 0.00 212.00 0.00 110.00 0.00 565.00 0.00 100.00 0.00 170.00 0.00 180.00 0.00 203.00 0.00 311.00 0.00 1,598.00 0.00 158.00 0.00 203.00 0.00 550.00 0.00 4,360.00 0.00 185.00 0.00 17.25 0.00 165.00 0.00 182.25 0.00 60.89 0.00 56.30 0.00 56.29 0.00 41.47 0.00 37.12 0.00 49.84 0.00 108.07 0.00 409.98 0.00 10.80 0.00 163.52 0.00 561.45 0.00 724.97 0.00 1,156.38 0.00 300.00 0.00 84.00 0.00 112.00 0.00 70.00 0.00 111.00 0.00 95.20 0.00 42.00 0.00 420.00 0.00 157.50 0.00 95.20 SUNGARD PUBLIC SECTOR DATE: 04/10/2012 TIME: 16:31:26 CITY OF SARATOGA CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120410 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 11111 TOTAL 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 119948 CHECK 11111 119949 11111 119950 11111 11111 TOTAL 11111 11111 TOTAL 119951 119951 CHECK 119952 119952 CHECK ISSUE DT 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 04/10/12 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 729 04/10/12 144 04/10/12 136 04/10/12 160 04/10/12 160 04/10/12 236 04/10/12 236 119953 04/10/12 308 119954 04/10/12 710 119955 04/10/12 336 119956 04/10/12 726 VENDOR BUDGET UNIT SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SARATOGA SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL SCHOOL OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF OF DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 1116101 SC FAMILY HEALTH FOUNDAT 1118301 SCOTTY'S AUTOMOTIVE 6235202 SIERRA PACIFIC TURF SUPP 1115301 SIERRA PACIFIC TURF SUPP 1115301 SOLECTRIC ELECTRICAL 4119111-001 SOLECTRIC ELECTRICAL 2535302 TESTING ENGINEERS 4819111-001 THE BANK OF NEW YORK MEL 3118601 TLC ADMINISTRATORS 1113301 TREES 360 DEGREES 1115201 DESCRIPTION INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR INSTRUCTOR - DANCE DANCE DANCE DANCE DANCE DANCE DANCE - DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE DANCE - DANCE DANCE DANCE DANCE DANCE DANCE DANCE - DANCE DANCE DANCE - DANCE DANCE DANCE GRANT Q4/FY 11-12 MAINTENANCE-VEH#109 FERTILIZER/PARKS SUPPLIES/ PARKS 4TH ST ROADSIDE GATE E REPLACE LGHTS/MENA WY ROAD REHAP BOND FEES/SARA LIB 125 ADMIN FEE 04/12 TREE REMVL/BOHLMAN RD SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER: 4 ACCTPA21 AMOUNT 95.20 242.00 190.40 210.00 47.60 47.60 313.60 39.20 238.00 47.60 154.70 95.20 126.00 238.00 47.60 333.20 47.60 126.00 95.20 428.40 142.80 206.26 47.60 84.00 190.40 84.00 226.10 238.00 119.00 47.60 5,735.76 1,759.25 62.50 2,098.40 162.38 2,260.78 1,676.99 1,058.73 2,735.72 710.00 100.00 175.00 510.00 SUNGARD PUBLIC SECTOR PAGE NUMBER: 5 DATE: 04/10/2012 CITY OF SARATOGA ACCTPA21 TIME: 16:31:26 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120410 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT VENDOR BUDGET UNIT 11111 119957 04/10/12 901 WAXIE SANITARY SUPPLY 6246202 11111 119958 04/10/12 510 WEST VALLEY COMMUNITY SE 1118301 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT DESCRIPTION JANITORIAL SUPPLIES SUPPORT Q4/FY11-12 SALES TAX AMOUNT 0.00 920.00 0.00 3,672.75 0.00 187,412.50 0.00 187,412.50 0.00 187,412.50 SARATOGA CITY COUNCIL MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: SunGard Pentamation contract renewal RECOMMENDED ACTION: Review staff report and authorize the City Manager to enter into a 5 year renewal contract with SunGard Pentamation, the City's financial system Application Service Provider. REPORT SUMMARY: The City entered into a contract with SunGard in 2006 to upgrade the City's financial system with a financial product called Pentamation Finance Plus. SunGard provides the financial system application through an online access service, with the software application and server systems managed at the company's headquarters. The financial system was not fully implemented until 2008 due to staff turnover and fiscal implementation preparation however; the 5 year contract time frame began when the contract was signed in 2006. SunGard recently notified the City that the initial five year contract had expired in 2011 and that the City would need to renew the contract as soon as possible. SunGard has agreed to continue with the same terms and rates under a five year contract renewal. To enhance product usability, staff is requesting SunGard replace one Human Resources module with another Human Resources module, however this replacement does not impact the contract terms. Staff has submitted the contract to the City Attorney for review. The Contract exceeds the City Manager's contract approval limit; therefore City Council authorization for the City Manager to approve the contract is required. FISCAL IMPACTS: The five year $5,390 monthly/$64,680 annual service rate remains the same as the current rate, and is funded in the IT Services Operating Budget each year. SunGard's ASP service includes system access for up to 20 users, help desk and IT maintenance services for maintaining data, daily backups and security services, and annual software updates for payroll and accounts payable reporting functions. Training and major system upgrades are available at additional cost. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: SunGard may terminate City Services or increase rates at any time. 42 ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: City Manager to sign City Attorney approved contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: SunGard Application Service Provider Contract 43 SUNGARDa PUBLIC SECTOR Supplement to the SunGard Public Sector Inc. Application Service Provider Agreement Schedule A - Order Form This Schedule A - Order Form is entered into under the terms and conditions of the SunGard Public Sector Inc. Application Service Provider Agreement dated December 6, 2006 herewith (Agreement), between SunGard Public Sector Inc. (SunGard Public Sector) and City of Saratoga, CA (Customer). Unless otherwise stated below, all terms and conditions as stated in the Agreement shall remain in effect. Customer Name: City of Saratoga, CA Agreement Number: 120391-1 1. Commencement Date: Begins January 1, 2012 and expires sixty (60) months from the date the initial Monthly Access Fee is due under this Schedule A — Order Form. 2. Application Groups: Professional Service Fees and Monthly Access Fees Yes No Initial Order Form X ASP Renewal - SASP-20060905-1 Replacement Order Form $ 5,390 X 1. Commencement Date: Begins January 1, 2012 and expires sixty (60) months from the date the initial Monthly Access Fee is due under this Schedule A — Order Form. 2. Application Groups: Professional Service Fees and Monthly Access Fees APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. 3. Payment Terms: Professional Service Fees: Monthly Access Fee: Due upon execution of this Order Form. The initial Monthly Access Fee will be due January 1, 2012. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis for a term of sixty (60) months at the rates listed below. ASP Agreement, Schedule A - Order Form Ver 6.20.05 Page 1 of 2 44 SASP-5757-120391-I ASP Order Form 032712 4.4 2012 Applications and/or Services Professional Service Fees Monthly Access Fee Renewal Service ASP Renewal - SASP-20060905-1 $ 5,390 New Products (Not currently Licensed) Plus Series Personel Budgeting - (GFPPBS) $ 520 Included in MonthlyAccess Fee Existing Products (Currently Licensed) Plus Series General Ledger, Plus Series Accounts Payable, Plus Series Purchasing/Purchase Orders, Plus Series Project Accounting/Costing, Plus Series Budgeting/Budget Preparation, Plus Series Revenue Tracking, Plus Series Workflow Financial Accounting/Purchasing, Plus Series Human Resources Payroll, Plus Series Human Resources Personnel, Plus Series Applicant Tracking, Plus Series Human Resource Attendance, Plus Series Human Resources Workflow, Plus Series Employee Benefits, Plus Series State Regulatory Software, Plus Series Centralized Property File, Plus Series Miscellaneous Billing -Accounts Receivable, Plus Series Central Receipting Included in Monthly Access Fee Third Party Products (Hosted Existing) Cognos Impromptu 7.1 (1 Admin, 3 End Users), Four J's Compiler-(FOURJS), Four J's Concurrent User License (20 Users) - (FOURJS), Optio Suite - (OPTIO) Included in Monthly Access Fee Terminated Products (Currently Licensed) Plus Series Employee Access Center -(GFIEAC), Employee Timesheets - (GFIETS) Services HELP Card - (SP1) Concurrent Sessions 20 $75 per user Included in Monthly Access Fee Total $ 520 $ 5,390 APPLICABLE TAXES ARE NOT INCLUDED IN THIS SCHEDULE, AND, IF APPLICABLE, WILL BE ADDED TO THE AMOUNT IN THE PAYMENT INVOICE(S) BEING SENT SEPARATELY TO THE CUSTOMER. 3. Payment Terms: Professional Service Fees: Monthly Access Fee: Due upon execution of this Order Form. The initial Monthly Access Fee will be due January 1, 2012. Subsequent Monthly Access Fees will be due on the first of the month thereafter. Monthly Access Fees will be invoiced in advance on a monthly basis for a term of sixty (60) months at the rates listed below. ASP Agreement, Schedule A - Order Form Ver 6.20.05 Page 1 of 2 44 SASP-5757-120391-I ASP Order Form 032712 4.4 2012 January 1, 2012 — December 31, 2016 $ 5,390.00 per month or $64,680.00 per year; Following the initial term, Services will be provided on a year-to-year basis provided the Customer exercises the option and pays the then current Monthly Access Fee. Travel and Living Expenses: Travel and living expenses are in addition to the prices quoted above and will be invoiced as incurred and shall be governed by the SunGard Public Sector Corporate Travel and Expense Reimbursement Policy. Travel and living expenses actually incurred in prior months for which SunGard Public Sector is seeking reimbursement, shall also be invoiced monthly. Notes: 1 Monthly Access Fees listed above are for the Applications and Services listed in this Schedule A -Order Form only. 4. Third Party Software. Unless otherwise provided for herein, warranty, modification retrofit and maintenance offerings by SunGard Public Sector for its Licensed Program(s) do not apply to any third party hardware or third party software supplied under this Supplement. SunGard Public Sector does not make any warranties nor provide any source code for any non -SunGard Public Sector products unless otherwise provided herein. The return and refund policy of each individual third party hardware or third party software supplier shall prevail unless otherwise provided herein. 5. Licensed Program Access Termination: Effective January 1, 2012, the Parties hereby terminate Customer's access Plus Series Employee Access Center (GFIEAC) and Employee Timesheets (GFIETS) (Terminated Product). In the event Customer elects to be provided with access services for the Terminated Product in the future, Customer will be required to pay fees for the periods from termination through reinstatement. Each party hereby releases, acquits and discharges the other party of and from any and all claims, debts, demands, rights of indemnification, and causes of action of whatsoever nature, whether in contract or otherwise, whether arising under or by virtue of any statute or regulation, whether known or unknown, suspect or unsuspected, or whether having arisen or hereafter to arise for any losses or damages of which have accrued or may ever hereafter accrue to the other party, arising out of or on account of the Terminated Program. CITY OF SARATOGA, CA SUNGARD PUBLIC SECTOR INC. Authorized Signature Authorized Signature Print Name & Title Print Name & Title Date Date ASP Agreement. Schedule A - Order Form SASP-5757-120391-1 ASP Order Form 032712 Ver 6.20.05 Page 2 of 2 45 44 2012 PcM MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone SARATOGA CITY COUNCIL SUBJECT: Landscaping and Lighting Assessment District LLA -1; Preliminary Approval of Engineer's Report and Adoption of Resolution of Intention for FY 12-13 RECOMMENDED ACTION: 1. Move to adopt the Resolution granting preliminary approval of the Engineer's Report for FY 12- 13 for renewing the Landscaping and Lighting Assessment District LLA -1. 2. Move to adopt the Resolution of Intention. REPORT SUMMARY: Attached are the next two Resolutions to continue the process for renewing the Landscaping and Lighting Assessment District LLA -1 for FY 12-13. Briefly, the two Resolutions are: 1. A Resolution of Preliminary Approval of Engineer's Report ... Fiscal Year 2012-2013 - This is the Resolution required under the State Streets & Highways Code (S&H) section 22623 which grants preliminary approval of the Engineer's Report for the renewal of the District for FY 12- 13. 2. A Resolution of Intention to order the levy and collection of assessments ... Fiscal Year 2012-2013 - This is the Resolution required under S&H 22624 which, among other things, fixes the date and time for the Public Hearing on June 6th. These Resolutions should be adopted by separate vote at your meeting to continue the process of renewing the District for another year. There are no increases in the parcel assessments, which would require an assessment district election for any of the existing Zones within the District in FY 12-13. The Engineer's Report is attached summarizing the proposed assessments for FY 12-13. FISCAL IMPACTS: All of the costs associated with the District are recovered via the assessments. 46 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The service contract would not be approved and the City would need to determine a means to maintain these landscaped areas. ALTERNATIVE ACTION: The Resolutions would not be adopted and the process for renewing the District would not continue. FOLLOW UP ACTION: None in addition to the above. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. The Resolution of Intention will be published. ATTACHMENTS: 1. Resolutions (2). 2. Engineer's Report 47 RESOLUTION NO. A RESOLUTION OF INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 FISCAL YEAR 2012-2013 RESOLVED, by the City Council of the City of Saratoga, California, as follows: WHEREAS, pursuant to Resolution No.12-014, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report for Fiscal Year 2012-2013", for City of Saratoga Landscaping and Lighting District LLA -1, adopted on March 7, 2012, by the City Council of said City, pursuant to the Landscaping and Lighting Act of 1972, the Engineer of said City has prepared and filed with the Clerk of this City the written report called for under said Act and by said Resolution No. 12-014, which said report has been submitted and preliminarily approved by this Council in accordance with said Act; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. In its opinion the public interest and convenience require and it is the intention of this Council to order the levy and collection of assessments for Fiscal Year 2012-2013 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the Streets and Highways Code of the State of California, for the construction or installation of the improvements, including the maintenance or servicing, or both, thereof, more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. The cost and expenses of said improvements, including the maintenance or servicing, or both, thereof, are to be made chargeable upon the assessment district designated as "City of Saratoga Landscaping and Lighting District LLA -1," the exterior boundaries of which are the composite and consolidated areas as more particularly described on a map thereof on file in the office of the Clerk of said City, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the district and of any zone thereof and the general location of said district. 3. Said Engineer's Report prepared by the Engineer of said City, preliminarily approved by this Council, and on file with the City Clerk of this City is hereby referred to for a full and detailed description of the improvements and the boundaries of the assessment district 1 48 and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district. 4. Notice is hereby given that Wednesday, the 6th day of June, 2012, at the hour of 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, be and the same are hereby appointed and fixed as the time and place for a hearing by this Council on the question of the levy and collection of the proposed assessment for the construction or installation of said improvements, including the maintenance and servicing, or both, thereof, and when and where it will consider all oral statements and all written protests made or filed by any interested person at or before the conclusion of said hearing, against said improvements, the boundaries of the assessment district and any zone therein, the proposed diagram or the proposed assessment, to the Engineer's estimate of the cost thereof, and when and where it will consider and finally act upon the Engineer's report, and tabulate the ballots. 5. The Clerk of said City be, and hereby is, directed to give notice of said hearing by causing a copy of this Resolution to be published once in the Saratoga News, a newspaper published and circulated in said City, and by conspicuously posting a copy thereof upon the official bulletin board customarily used by the City of Saratoga for the posting of notices, said posting and publication to be had and completed at least ten (10) days prior to the date of hearing specified herein. 6. The Office of the City Engineer be, and hereby is designated as the office to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during the regular office hours at the City Hall, 13777 Fruitvale Avenue, Saratoga, California 95070, or by calling (408) 868-1241. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 18th day of April, 2012, by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Chuck Page, Mayor Attest: City of Saratoga 2 49 Crystal Morrow, City Clerk Exhibit A DESCRIPTION OF IMPROVEMENTS The design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. 50 RESOLUTION NO. A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1 FISCAL YEAR 2012-2013 RESOLVED, by the City Council of the City of Saratoga, California as follows: WHEREAS, pursuant to the Landscaping and Lighting Act of 1972, on the 7th day of March, 2012, said Council did adopt its Resolution No. 12-014, "A Resolution Describing Improvements and Directing Preparation of Engineer's Report For Fiscal Year 2012-2013", for the City of Saratoga Landscaping and Lighting District LLA -1, in said City and did refer the proposed improvements to the Engineer of the City and did therein direct said Engineer to prepare and file with the City Clerk of said City a report, in writing, all as therein more particularly described: WHEREAS, said City Engineer prepared and filed with the City Clerk a report in writing as called for in said Resolution No. 12-014 and under and pursuant to said Act, which report has been presented to this Council for consideration; WHEREAS, said Council has duly considered said report and each and every part thereof, and finds that each and every part of said report is sufficient, and that neither said report, nor any part thereof should be modified in any respect; NOW, THEREFORE, it is hereby found, determined and ordered, as follows: 1. That the plans and specifications for the existing improvements and the proposed new improvements to be made within the assessment district or within any zone thereof, contained in said report, be, and they are hereby preliminarily approved. 2. That the Engineer's estimate of the itemized and total costs and expenses of said improvements, maintenance and servicing thereof, and of the incidental expenses in connection therewith, contained in said report, be, and each of them are hereby preliminarily approved. 3. That the diagram showing the exterior boundaries of the assessment district referred to and described in said Resolution No. 12-014 and also the boundaries of any zones therein and the lines and dimensions of each lot or parcel of land within said district as such lot or parcel of land is shown on the County Assessor's maps for the fiscal year to which the report applies, each of which lot or parcel of land has been given a separate number upon said diagram, as contained in said report, be, and it hereby is preliminarily approved. 1 51 4. That the proposed assessment of the total amount of the estimated costs and expenses of the proposed improvements upon the several lots or parcels of land in said assessment district in proportion to the estimated benefits to be received by such lots or parcels, respectively, from said improvements including the maintenance or servicing or both, thereof, and of the expenses incidental thereto, as contained in said report, be, and they are hereby preliminarily approved. 5. That said report shall stand as the Engineer's Report for the purpose of all subsequent proceedings to be had pursuant to said Resolution No. 12-014. Passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 18th day of April, 2012 by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Chuck Page, Mayor ATTEST: City of Saratoga Crystal Morrow, City Clerk 2 52 MUNICIPALITIES I SCHOOL DISTRICTS I CITIES I COUNTIES I PARK & RECREATION I WATER DISTRICTS I MUNICIPALITIES I SCHOOL DISTRICTS I COMMUNITIES PUBLIC FINANCE 334 VIA VERA CRUZ, SUITE 256 SAN MARCOS CALIFORNIA 92078 T. 760.510.0290 F. 760.510.0288 CITY OF SARATOGA LANDSCAPING & LIGHTING DISTRICT LLA- 1 ENGINEER'S REPORT FISCAL YEAR 2012/2013 53 APRIL 9, 2012 TABLE OF CONTENTS SECTION I. OVERVIEW 1 SECTION II. PLANS AND SPECIFICATION 3 SECTION III. PROPOSED FISCAL YEAR 2012/2013 BUDGET 6 A. ESTIMATED FISCAL YEAR 2012/2013 BUDGET 6 SECTION IV. METHOD OF APPORTIONMENT 12 A. GENERAL 12 B. BENEFIT ANALYSIS 12 C. ASSESSMENT METHODOLOGY 13 D. RATES 14 E. ASSESSMENT RANGE FORMULA 15 SECTION V. ASSESSMENT ROLL 16 SECTION VI. ASSESSMENT DIAGRAM 18 54 SECTION I. OVERVIEW A. Introduction and Background In 1980, the City of Saratoga (the "City") formed the City of Saratoga Landscaping and Lighting Assessment District LLA -1 (the "District"). The District currently consists of 25 Zones which are budgeted separately and the properties within each Zone are assessed annually for their proportionate share of special benefit of the maintained improvements as further described in this Engineer's Report. This report constitutes the Fiscal Year 2012/2013 Engineer's Report for the District. The City Council pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 ("1972 Act") and in compliance with the substantive and procedural requirements of the California State Constitution Article XIIIC and XIIID ("Proposition 218") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") desires to levy and collect annual assessments against lots and parcels within the District beginning in the fiscal year commencing July 1, 2012 and ending June 30, 2013 to pay for the operation, maintenance and servicing of landscaping and public lighting improvements within the District. The proposed assessments are based on the City's estimate of the costs for Fiscal Year 2012/2013 to maintain the improvements that provide a special benefit to properties assessed within the District. The assessment rates set for Fiscal Year 2012/2013 as set forth in this Engineer's Report, do not exceed the maximum rates established at the time each of the Zones were established and/or balloted for compliance with Proposition 218, therefore, the City and the District are not required to go through a property owner ballot procedure in order to establish the 2012/2013 assessment rates. City of Saratoga Landscaping & Lighting District LLA - 1 Page 1 Fiscal Year 2012/2013 Engineer's Report 55 B. Contents of Engineer's Report This Report describes the District boundaries and the proposed improvements to be assessed to the property owners located within zones of the District. The Report is made up of the following sections. Section I. Overview — Provides a general introduction into the Report and provides background on the District, zones and the assessments. Section II. Plans and Specifications — Contains a general description of the improvements that are maintained and serviced by each of the zones within the District. Section III. Proposed Fiscal Year 2012/2013 Budget — Identifies the cost of the maintenance and services to be provided by each zone within the District including incidental costs and expenses. Section IV. Method of Apportionment — Describes the basis in which costs have been apportioned to lots or parcels within each of the zones within the District, in proportion to the special benefit received by each lot or parcel. Section V. Assessment Roll — The assessment roll identifies the maximum assessment to be levied to each lot or parcel within the District. Section VI. Assessment Diagram — Displays a diagram of the District showing the boundaries of the District and the zones. For this Report, each lot or parcel to be assessed, refers to an individual property assigned its own Assessment Parcel Number ("APN") by the Santa Clara County ("County") Assessor's Office as shown on the last equalized roll of the assessor. Following the conclusion of the Public Hearing, the City Council will confirm the Report as submitted or amended and may order the collection of assessments for Fiscal Year 2012/2013. City of Saratoga Landscaping & Lighting District LLA - 1 Page 2 Fiscal Year 2012/2013 Engineer's Report 56 SECTION II. PLANS AND SPECIFICATION A. General Description of the District The District currently consists of 25 Zones located within the City. Each Zone incorporates specific improvements that were established at the time of development of the properties within the Zone or were installed for the benefit of the properties within the Zone. Some Zones are currently not levied based on the current reserves and other revenue sources such as property taxes available to the Zones. The Assessment Diagram is included in Section IV of this report. Zone 32 now includes Assessor's Parcel Number 366-12-072 in addition to the other 11 APNs that were levied last year. This new parcel is being annexed by unanimous consent of the property owner and is included in this Engineer's Report for the first time for this Fiscal Year. B. Description of Services and Improvements to be Maintained The District provides a funding mechanism for the ongoing maintenance, operation and servicing of landscaping and public lighting improvements that provide special benefit to each Zone. These improvements may include, but are not limited to, the design, construction or installation, including the maintenance or servicing, or both, thereof, of landscaping, including trees, shrubs, grass or other ornamental vegetation, statuary, fountains and other ornamental structures and facilities, and public lighting facilities for the lighting of any public places, including traffic signals, ornamental standards, luminaries, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal of trimmings, rubbish, debris and other solid waste; electric current or energy, gas or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements; and the operation of any fountains or the maintenance of any other improvements. Maintenance services will be provided by City personnel and/or private contractors. The proposed improvements to be maintained and services are generally described as follows: Zone Improvements 1 (Manor Drive Landscape District) Landscape maintenance of the Manor Drive median and Saratoga -Sunnyvale Road frontage along Tract 3822. 2 (Fredericksburg Landscape District) Landscape maintenance along the Cox Avenue frontage of Tracts 3777, 4041 and 4042. 3 (Greenbriar Landscape District) Landscape maintenance of the Seagull Way entrance to Tracts 4628, 4725 and 4726 and the common areas along Goleta Avenue and Guava Court. City of Saratoga Landscaping & Lighting District LLA - 1 Fiscal Year 2012/2013 Engineer's Report 57 Page 3 Zone Improvements 4 (Quito Lighting District) Street lighting and landscape maintenance in the El Quito Park residential neighborhood: Tracts 669, 708, 748, 6785, 7833 and 8700. 5 (Azule Lighting District) Street lighting in the Azule Crossing residential neighborhoods: Tracts 184, 485, 787, 1111, and 1800. 6 (Sarahills Lighting District) Street lighting in the Sarahills residential neighborhood: Tracts 3392 and 3439. 7 (Village Lighting District) Street lighting in four separate residential neighborhoods surrounding Saratoga Village, and in Saratoga Village. Includes all or a portion of Cunningham Acres, La Paloma Terrace, Mary Springer #1 and #2, McCartysville, Saratoga Park, Williams, and Tracts 270, 336, 416, 2399, 2502, 4477, 5350, 5377, 5503, 5676, 6419, 6431 and Saratoga Village. 9 (McCartysville Landscape District) Landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tract 5944. 10 (Tricia Woods Landscape District) Landscape maintenance along the Saratoga - Sunnyvale Road frontage of Tract 7495 (Maintenance and water shared with Zone 27). 11 (Arroyo de Saratoga Landscape District) Landscape maintenance of the Via Monte entrances to all or a portion of Tracts 2694, 2835, 3036 and 4344. 12 (Leutar Court Landscape District) Landscape maintenance of the Leutar Court frontage in Tract 6996. 15 (Bonnet Way Landscape District) Monthly landscape maintenance along Bonnet Way of Tract 5462. 16 (Beauchamps Landscape District) Landscaping and lighting of the Prospect Road entrance to the Beauchamps subdivision, Tract 7763. 17 (Sunland Park Landscape District) Landscape maintenance along Quito Road frontage of Tracts 976 and 977. 22 (Prides Crossing Landscape District) Periodic landscape maintenance along Prospect Road between the Route 85 overcrossing and Saratoga Creek. Includes all properties bordered by Route 85, Prospect Road and Saratoga Creek with the exception of the Brookview neighborhood (Tracts 1493, 1644, 1695, 1727, 1938, and 1996). 24 (Village Commercial Landscape Maintenance District) Routine maintenance of Village Parking Districts 1-4 and Big Basin Way landscaping. 25 (Saratoga Legends Landscape District) Landscape maintenance along the Saratoga -Sunnyvale Road frontage of, and pedestrian pathways within Tract 8896. 26 (Bellgrove Landscape and Lighting District) Landscape maintenance of common area and lighting associated with Tract 8700. 27 (Cunningham Place/Glasgow Court Landscape District) Landscape maintenance along the Saratoga -Sunnyvale Road frontage of Tracts 6199 and 7928. (Maintenance and water shared with Zone 10). 28 (Kerwin Ranch Landscape District) Landscape maintenance along the Fruitvale Avenue and Saratoga Avenue frontages of Tracts 8559 and 8560. 29 (Tollgate Landscape and Lighting District) Maintenance of the common area City of Saratoga Landscaping & Lighting District LLA - 1 Fiscal Year 2012/2013 Engineer's Report 58 Page 4 Zone Improvements landscape and lighting improvements along Tollgate Road at the entrance to Tracts 3946 and 5001. 31 (Horseshoe Drive Landscape and Lighting District) Landscape maintenance along the Saratoga -Los Gatos Road frontage of Tract 247. 32 (Gateway Landscape and Lighting District) Landscape maintenance of frontage along Saratoga -Sunnyvale Road between Prospect Road and the Union Pacific railroad tracks. 33 (Carnelian Glen Landscape and Lighting District) Maintenance of landscaping along the Saratoga -Los Gatos Road frontage of APNs 397-21-031 and 397-37- 015. 34 (Westbrook Landscaping & Lighting District) Provides for maintenance of landscaping along the Prospect Road frontage of Tracts 1222 and 1179 and lighting within both tracts. City of Saratoga Landscaping & Lighting District LLA - 1 Page 5 Fiscal Year 2012/2013 Engineer's Report 59 SECTION III. PROPOSED FISCAL YEAR 2012/2013 BUDGET A. Estimated Fiscal Year 2012/2013 Budget A summary of the proposed District fiscal year 2012/2013 budget is category, in the Tables shown below: Zone Number Operations Subtotals City Costs ' Total Costs Revenue Sources Carryover Property Tax Subtotals Net Cost Zone Budgets ZONE 1 ZONE 2 Repairs $5,000.00 Maintenance $1,560.00 Water $400.00 Electric $0.00 $6,960.00 summarized, by ZONE 3 ZONE 4 $5,000.00 $25,000.00 $1,224.00 $2,760.00 $250.00 $1,250.00 $0.00 $0.00 $6,474.00 $29,010.00 $1,370.00 $3,550.00 $8,280.00 $8,330.00 $10,024.00 $37,290.00 $8,776.00 $10,281.00 $17,138.00 $3,150.00 $600.00 $4,800.00 $11,926.00 $10,881.00 $21,938.00 ($3,596.00) ($857.00) $15,352.00 Carryover not recovered $6,000.00 $6,000.00 $5,000.00 Carryover not reimbursed $0.00 $0.00 $0.00 Net Assessment $2,404.00 $5,143.00 $20,352.00 No. of Parcels 29 85 176 Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $82.90 $60.51 $115.64 $82.90 $60.50 $115.64 $134.69 $98.99 $118.80 $85,000.00 $900.00 $0.00 $15,100.00 $101,000.00 $18,400.00 $119,400.00 $110,809.00 $47,450.00 $158,259.00 ($38,859.00) 1. City Costs includes for all Zones administration and indirect costs. It also includes costs for the Zones that utilize City Staff for maintenance. $38,859.00 $0.00 $0.00 698 50.00 $0.00 $0.00 maintenance City of Saratoga Landscaping & Lighting District LLA - 1 Page 6 Fiscal Year 2012/2013 Engineer's Report 60 Zone Number Operations Repairs Maintenance Water Electric Subtotals City Costs 1 Total Costs Revenue Sources Carryover Property Tax Subtotals Net Cost Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel Zone Budgets, Cont. ZONE 5 ZONE 6 ZONE 7 ZONE 9 $50,000.00 $8,500.00 $10,000.00 $10,000.00 $0.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $0.00 $1,550.00 $3,000.00 $3,500.00 $34,000.00 $225.00 $53,000.00 $12,000.00 $44,000.00 $14,775.00 $5,400.00 $2,280.00 $19,120.00 $1,940.00 $58,400.00 $14,280.00 $63,120.00 $16,715.00 $210,258.00 $16,423.00 $12,156.00 $10,466.00 $24,500.00 $0.00 $59,000.00 $0.00 $234,758.00 $16,423.00 $71,156.00 $10,466.00 ($176,358.00) ($2,143.00) ($8,036.00) $6,249.00 $176,358.00 $8,500.00 $8,036.00 $7,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $6,357.00 $0.00 $13,749.00 120 64 781 48 $0.00 $99.33 $0.00 $286.44 $0.00 $99.32 $0.00 $286.44 $0.00 $148.49 $0.00 $323.25 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 7 Fiscal Year 2012/2013 Engineer's Report 61 Zone Number Operations Subtotals City Costs 1 Total Costs Zone Budgets, Cont. ZONE 10 ZONE 11 ZONE 12 ZONE 15 Repairs $550.00 $15,000.00 $2,500.00 $450.00 Maintenance $408.00 $816.00 $900.00 $1,020.00 Water $1,000.00 $600.00 $750.00 $1,500.00 Electric $125.00 $0.00 $0.00 $0.00 $2,083.00 $16,416.00 $4,150.00 $2,970.00 $770.00 $10,500.00 $770.00 $1,730.00 $2,853.00 $26,916.00 $4,920.00 $4,700.00 Revenue Sources Carryover $791.00 $30,026.00 $7,343.00 ($243.00) Property Tax $0.00 $0.00 $0.00 $0.00 Subtotals $791.00 $30,026.00 $7,343.00 ($243.00) Net Cost $2,062.00 ($3,110.00) ($2,423.00) $4,943.00 Carryover not recovered $500.00 $20,000.00 $6,000.00 $275.00 Carryover not reimbursed $0.00 $0.00 $0.00 $0.00 Net Assessment $2,562.00 $16,890.00 $3,577.00 $5,218.00 No. of Parcels 9 250 9 41 Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $284.67 $284.66 $287.66 $67.56 $67.56 $98.99 $397.44 $397.44 $493.86 $127.27 $127.26 $127.30 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 8 Fiscal Year 2012/2013 Engineer's Report 62 Zone Number Operations Subtotals City Costs 1 Total Costs Zone Budgets, Cont. ZONE 16 ZONE 17 ZONE 22 ZONE 24 Repairs $6,500.00 $8,500.00 $10,000.00 $0.00 Maintenance $816.00 $3,120.00 $4,860.00 $0.00 Water $1,400.00 $1,500.00 $2,000.00 $4,000.00 Electric $500.00 $0.00 $1,000.00 $0.00 $9,216.00 $13,120.00 $17,860.00 $4,000.00 $3,750.00 $9,000.00 $29,400.00 $27,600.00 $12,966.00 $22,120.00 $47,260.00 $31,600.00 Revenue Sources Carryover $10,769.00 $18,797.00 $10,951.00 ($1,612.00) Property Tax $0.00 $0.00 $0.00 $34,000.00 Subtotals $10,769.00 $18,797.00 $10,951.00 $32,388.00 Net Cost $2,197.00 $3,323.00 $36,309.00 ($788.00) Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $7,000.00 $12,500.00 $12,000.00 $788.00 $0.00 $0.00 $0.00 $0.00 $9,197.00 $15,823.00 $48,309.00 $0.00 55 200 864 132 $167.22 $79.12 $55.91 $0.00 $167.22 $79.12 $55.90 $0.00 $178.20 $107.75 $98.99 $0.00 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 9 Fiscal Year 2012/2013 Engineer's Report 63 Zone Number Operations Zone Budgets, Cont. ZONE 25 ZONE 26 ZONE 27 ZONE 28 Repairs $4,000.00 $25,000.00 $12,000.00 $3,500.00 Maintenance $1,980.00 $20,520.00 $1,620.00 $3,240.00 Water $2,200.00 $15,000.00 $800.00 $2,800.00 Electric $100.00 $5,000.00 $75.00 $75.00 Subtotals $8,280.00 $65,520.00 $14,495.00 $9,615.00 City Costs 1 $950.00 $5,700.00 $1,430.00 $980.00 Total Costs $9,230.00 $71,220.00 $15,925.00 $10,595.00 Revenue Sources Carryover $3,863.00 $50,941.00 $13,967.00 $1,469.00 Property Tax $0.00 $0.00 $0.00 $0.00 Subtotals $3,863.00 $50,941.00 $13,967.00 $1,469.00 Net Cost $5,367.00 $20,279.00 $1,958.00 $9,126.00 Carryover not recovered $4,000.00 $50,000.00 $5,000.00 $2,000.00 Carryover not reimbursed $0.00 $0.00 $0.00 $0.00 Net Assessment $9,367.00 $70,279.00 $6,958.00 $11,126.00 No. of Parcels 15 94 31 16 Assessment Per Parcel Rounded Assessment Per Parcel Maximum Assessment Per Parcel $624.47 $624.46 $643.47 $747.65 $747.64 $940.46 $224.45 $224.44 $269.39 $695.38 $695.38 $718.35 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 10 Fiscal Year 2012/2013 Engineer's Report 64 Zone Budgets, Cont. Zone Number Operations Subtotals City Costs 1 Total Costs ZONE 29 ZONE 31 ZONE 32 ZONE 33 ZONE 34 Repairs $5,000.00 $1,300.00 $7,500.00 $750.00 $750.00 Maintenance $960.00 $3,840.00 $1,224.00 $816.00 $600.00 Water $800.00 $1,500.00 $3,000.00 $200.00 $0.00 Electric $2,500.00 $125.00 $1,000.00 $0.00 $0.00 $9,260.00 $6,765.00 $12,724.00 $1,766.00 $1,350.00 $6,550.00 $3,600.00 $11050.00 $1,100.00 $1,880.00 $15,810.00 $10,365.00 $13,774.00 $2,866.00 $3,230.00 Revenue Sources Carryover $12,485.00 ($5,574.00) $7,854.00 $1,102.00 $0.00 Property Tax $0.00 $0.00 $0.00 $0.00 $0.00 Subtotals $12,485.00 ($5,574.00) $7,854.00 $1,102.00 $0.00 Net Cost $3,325.00 $15,939.00 $5,920.00 $1,764.00 $3,230.00 Carryover not recovered Carryover not reimbursed Net Assessment No. of Parcels $7,000.00 ($4,900.00) $8,500.00 $2,000.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10,325.00 $11,039.00 $14,420.00 $3,764.00 $3,730.00 61 52 12 20 92 Assessment Per Parcel $169.26 $212.29 Various $188.20 $40.54 Rounded Assessment Per Parcel $169.26 $212.28 Various $188.20 $40.54 Maximum Assessment Per Parcel $188.56 $212.72 $14,461.00 $194.48 $41.39 1. City Costs includes for all Zones administration and indirect costs. It also includes maintenance costs for the Zones that utilize City Staff for maintenance. City of Saratoga Landscaping & Lighting District LLA - 1 Page 11 Fiscal Year 2012/2013 Engineer's Report 65 SECTION IV. METHOD OF APPORTIONMENT A. General The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of landscaping and public lights and appurtenant facilities. Streets and Highways Code Section 22573 requires that maintenance assessments be levied according to benefit rather than the assessed value. "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements." In addition, Article XIIID and the Implementation Act require that a parcel's assessment may not exceed the reasonable cost for the proportional special benefit conferred to that parcel. A special benefit is a particular and distinct benefit over and above general benefits conferred on property located within the assessment district. Article XIIID and the Implementation Act further provides that only special benefits are assessable and the City must separate the general benefits from the special benefits. They also require that publicly owned properties which specifically benefit from the improvements be assessed. B. Benefit Analysis Each of the proposed improvements and the associated costs and assessments within the District has been reviewed, identified and allocated based on special benefit pursuant to the provisions of Article XIIID, the Implementation Act, and the Streets and Highways Code Section 22573. Proper maintenance and operation of the Improvements provide special benefit to properties by providing; 1. Community character by helping to identify, distinguish and enhance these neighborhoods, including the entrances; 2. Improved quality of life by reducing the potential for graffiti, eliminating dust and litter, providing sound attenuation, eliminating potential for blight, and providing added security and safety through lighting and an added City presence; 3. In the absence of the District, the work and improvements would not be otherwise accomplished by the City or the City's contractors. Therefore, the improvements are deemed to have no general benefit to property outside of the District. City of Saratoga Landscaping & Lighting District LLA - 1 Page 12 Fiscal Year 2012/2013 Engineer's Report 66 C. Assessment Methodology To establish the special benefit to the individual lots or parcels within each Zone the assessment methodology has been established as follows: Administrative costs shall be spread equally to all of the lots or parcels of land assessed within the District. Zones 1 through 7, 9 through 12, 15 through 17, 22, 25 through 29, 31, 33 and 34 The cost of Improvements shall be spread equally to all of the lots or parcels of land located within each said respective Zone. Zone 24 Street Lights & Street Trees Costs shall be spread to all the lots or parcels of land located with the Zone proportional to usable parcel area. Village Parking District (VPD) The costs related to the VPD shall be spread to all the lots or parcels of land in commercial use located within said Zone, proportional to the number of parking spaces existing in the VPD parking lots that are assigned to each parcel within the Zone, rounded to the nearest one tenth (0.1) of a parking space. Spaces shall be assigned by adding the total number of spaces in the VPD parking lots and the total private spaces existing on assessable parcels, distributing this sum proportionally by weighted building area, and deducting the number of private spaces, if any, from the resulting number for each parcel. Weighted building area shall be defined as actual building area multiplied by a factor dependent on parcel us as follows: Land Use Factor Retail 1.0 Office/Service 0.5 Restaurant 2.0 Zone 32 The cost of Improvements shall be spread proportionally to the frontage on Saratoga -Sunnyvale Road of each of the lots or parcels of land located within the Zone. Zones 0, 8, 13, 14, 18 through 21, 23 and 30 have been either detached or merged with other zones. A portion of Zone 4 was redesignated as Zone 26 in 1997. City of Saratoga Landscaping & Lighting District LLA - 1 Page 13 Fiscal Year 2012/2013 Engineer's Report 67 D. Rates The table below shows the maximum assessments rates that could be levied in fiscal year 2012/2013 by land use. Each base year represents the year the parcels were balloted for Proposition 218 purposes and from which the escalation factor as described in Section E. below begins. See Section III Proposed Fiscal Year 2012/2013 Budget above for the proposed assessments by Zone fiscal year 2012/2014. Maximum Assessments Zone Base Fiscal Year 1999/2000 Fiscal Year 2012/2013 2 $52.50 $98.99 3 $63.00 $118.80 6 $78.75 $148.49 11 $52.50 $98.99 16 $94.50 $178.20 22 $52.50 $98.99 25 $341.25 $643.47 26 $498.75 $940.46 29 $100.00 $188.56 Zone Base Fiscal Year 2000/2001 Fiscal Year 2012/2013 1 $75.00 $134.69 9 $180.00 $323.25 12 $275.00 $493.86 17 $60.00 $107.75 27 $150.00 $269.39 28 $400.00 $718.35 City of Saratoga Landscaping & Lighting District LLA - 1 Page 14 Fiscal Year 2012/2013 Engineer's Report 68 Base Fiscal Year Fiscal Year Zone 2008/2009 2012/2013 31 $175.00 $212.72 33 $160.00 $194.48 City of Saratoga Landscaping & Lighting District LLA - 1 Page 14 Fiscal Year 2012/2013 Engineer's Report 68 Base Fiscal Year Fiscal Year Zone 2010/11 2012/2013 34 $39.42 $41.39 City of Saratoga Landscaping & Lighting District LLA - 1 Page 14 Fiscal Year 2012/2013 Engineer's Report 68 Maximum Assessments - Zone 32 APN Front Feet Fiscal Year 2004/2005 Fiscal Year 2012/2013 366-12-054 110 $1,052.16 $1,554.53 366-12-065 118 $1,125.66 $1,663.11 366-12-066 160 $1,511.48 $2,233.15 366-12-0721 100 $1,418.80 366-22-023 149 $1,410.44 $2,083.86 386-30-035 106 $1,015.42 $1,500.24 386-30-036 0 $41.66 $61.55 386-30-037 50 $500.98 $740.17 386-30-038 50 $500.98 $740.17 386-30-039 100 $960.30 $1,418.80 386-52-032 75 $730.64 $1,079.49 386-52-033 75 $730.64 $1,079.49 Totals 1,093 $9,580.36 $15,573.36 1. This is a new parcel that is being annexed by unanimous consent of the property owner and will be assessed in fiscal year 2012/2013 E. Assessment Range Formula The purpose of establishing an Assessment Range Formula is to provide for reasonable inflationary increases to the annual assessments without requiring the District to go through an expensive balloting process required by law in order to get a small increase. The maximum assessment for each parcel shall be the amount calculated for the previous year multiplied by 1.05. The Maximum Assessment adjusted annually by this formula is not considered an increased assessment. Although the Maximum Assessment will increase each year, the actual assessment will only reflect the necessary budgeted amounts and may remain unchanged. Increases in the budget or an increase in the rate in one year from the prior year will not require a new 218 balloting unless the rate is greater than the Maximum Assessment adjusted to reflect the 1.05 increase as described above. The Assessment Range Formula applies to all Zones except for Zones 10 and 15 which do not have an annual escalator. City of Saratoga Landscaping & Lighting District LLA - 1 Page 15 Fiscal Year 2012/2013 Engineer's Report 69 SECTION V. ASSESSMENT ROLL Parcel identification, for each lot or parcel within the District shall be the parcel as shown on the County Assessor's map for the year in which this Report is prepared. A listing of parcels assessed within the District, along with the proposed assessment amounts and zone, has been submitted to the City Clerk, under a separate cover, and by reference is made part of this Report. Said listing of parcels to be assessed shall be submitted to the County Auditor/Controller and included on the property tax roll for each parcel in Fiscal Year 2012/2013. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment. City of Saratoga Landscaping & Lighting District LLA - 1 Page 16 Fiscal Year 2012/2013 Engineer's Report 70 City of Saratoga Landscaping & Lighting District LLA - 1 Page 17 Fiscal Year 2012/2013 Engineer's Report 71 SECTION VI. ASSESSMENT DIAGRAM The parcels within the District consist of all lots, parcels and subdivisions of land located within the Boundary of Landscaping and Lighting Assessment District LLA -1. Boundary maps of the Zones are attached. City of Saratoga Landscaping & Lighting District LLA - 1 Page 18 Fiscal Year 2012/2013 Engineer's Report 72 CITY OF SARATOGA City of Saratoga Landscaping & Lighting District LLA -1 Engineer's Report Fiscal Year 2012/2013 The undersigned respectfully submits the enclosed Report as directed by City Council. C. Stephen Bucknam Jr., C20903 Lyn Gruber Koppel & Gruber Public Finance City of Saratoga Landscaping & Lighting District LLA - 1 Page 19 Fiscal Year 2012/2013 Engineer's Report 73 SARATOGA CITY COUNCIL MEETING DATE: April 18, 2012 DEPARTMENT: Public Works AGENDA ITEM: CITY MANAGER: PREPARED BY: Iveta Harvancik DIRECTOR: Dave Anderson John Cherbone Senior Engineer Public Works Director SUBJECT: Corporation Yard Building Solar Project — Notice of Completion RECOMMENDED ACTION: Move to accept the Corporation Yard Building Solar Project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. BACKGROUND: All work on the Corporation Yard Building Solar Project has been completed by Cobalt Power Systems to the satisfaction of City inspectors. The scope of work included all of the labor, equipment, and installation of solar panels on the Corporation Yard building roof and all electrical components necessary to complete the work. Overall, the quality of construction completed through this contract was very satisfactory. The project was completed on time and within the budget. It is therefore 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. FISCAL IMPACTS: This project was funded in the fiscal year 2011/12 capital budget. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: 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 can be accepted as complete. ALTERNATIVE ACTION(S): N/A Page 1 of 2 74 FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contract. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: 1. Notice of Completion Page 2 of 2 75 Recording requested by, And to be returned to: City of Saratoga City Clerk 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 or around the 9th day of April, 2012. Contract Number: N/A Contract Date: November 18, 2011 Contractor's Name: Cobalt Power Systems Contractor's Address: 885 Maude Avenue, Mountain View, CA 94043 Description of Work: Corporation Yard Building Solar Project 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 , 2012. CITY OF SARATOGA BY: ATTEST: Dave Anderson City Manager 76 Crystal Morrow, City Clerk Gov. Code 40814 t xxo�? MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone Associate Engineer SARATOGA CITY COUNCIL SUBJECT: Saratoga Village Pedestrian Enhancement Street Light Work CML -5332(018) Award of Construction Contract RECOMMENDED ACTION: 1. Move to declare Amland Corp, of San Jose to be the lowest responsible bidder on the project. 2. Move to award a construction contract to Amland Corp in the amount of $233,211 and authorize the City Manager to execute the same. 3. Move to authorize staff to execute change orders to the contract up to $33,189. REPORT SUMMARY: Sealed bids for Saratoga Village Pedestrian Enhancement Street Light Work Project were opened on April 11th. The City received 5 bids which are summarized in Attachment 1. The lowest apparent bid of $227,595 was submitted by Republic ITS, but failed to meet the State and Federal requirements of the underutilized disadvantage business enterprise (UDBE) goal as set forth in the contract documents. Therefore Republic ITS bid is deemed non-responsive and not eligible for award of the contract. The lowest responsible bid of $233.211 is 8.30% below the Engineer's Estimate of $254,325. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated March 20t11, 2012. The City of Saratoga will be installing 95 new street light poles and LED street light fixtures (see Attachment 2). The location of the installation is in the Village along Big Basin Way as illustrated on the map on Attachment 3. There are 35 locations which the City owns the existing street light poles and light fixtures. The Contractor will remove the City owned street light poles and light fixtures and replace with the new street light poles and LED street light fixtures. The remaining 60 existing street light poles and light fixtures are owned by PG&E. PG&E will remove their facilities and the City's Contractor will install the new street light poles and LED street light fixtures at those locations. FISCAL IMPACTS: Page 1 of 2 77 The majority of this project is funded on a reimbursement basis through a Congestion Mitigation and Air Quality Improvement (CMAQ) grant, with the City contributing a mandatory 11.47% local match. This local match is a condition for receiving Federal funds. The fixtures were purchased through a Federal Energy Efficiency and Conservation Block Grant (EECBG). The City will be using the remaining amount of $20,000 from the EECBG for this construction project. This grant requires no local match. The current funding program is broken down as follows: Reimbursable Amount (CMAQ Grant): $218,150 Local Match (City's 11.47% CMAQ Non -Reimbursable Contribution): $28,250 Reimbursable Amount (EECBG Grant): $20,000 Total Program Amount: $266,400 It is therefore recommended that City Council award a construction contract with Amland Corp in the amount of $233.211 and authorize the City Manager to execute the same. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Republic ITS will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder. ALTERNATIVE ACTION: The Council could direct staff to solicit additional proposals FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as soon as possible. ADVERTISING, NOTICING AND PUBLIC CONTACT: This item was posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us. ATTACHMENTS: 1. Bid Summary. 2. Details of street light pole and LED street light fixture 3. Key Map Page 2 of 2 78 CITY OF SARATOGA CML -5332(018) SARATOGA VILLAGE PEDESTRIAN ENHANCEMENT STREET LIGHT WORK Add Alternatives Total Project Engineer's Estimate Republic ITS Amland Corp Beltramo Electric, Inc. Tennyson Electric, Inc. Columbia Electric, Inc. Description Unit Approx. Quantity Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price 1 Install and supply the new street light poles with base plate EA 60 $1,400.00 $84,000.00 $1,250.00 $75,000.00 $1,530.00 $91,800.00 $1,240.00 $74,400.00 $1,865.00 $111,900.0C $1,420.00 $85,200.0C 2 Remove existing street light poles with light fixture and electrical wires. Install anc supply the new street light poles with base plate EA 35 $1,700.00 $59,500.00 $1,400.00 $49,000.00 $1,675.00 $58,625.00 $1,350.00 $47,250.00 $1,785.00 $62,475.0C $2,150.00 $75,250.00 3 TRAFFIC CONTROL LUMP SUM 1 $10,000.00 $10,000.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $27,400.00 $27,400.00 $3,500.00 $3,500.00 4 Install the LED street light fixtures and connect the new electrical wires from fixture tc point of electrical connection at the adjacent electrical pull boxes. The LED streetligh fixtures will be supplied by the City EA 95 $300.00 $28,500.00 $80.00 $7,600.0C $100.00 $9,500.00 $200.00 $19,000.00 $140.00 $13,300.0C $325.00 $30,875.0C 5 Install and pull new electrical wire (10 gage) in the conduits and connect the nev electrical wires to the point electrical connection, at the adjacent electrical pull boxes and the existing meter boxes. LF 4270 $1.50 $6,405.00 $0.50 $2,135.00 $1.00 $4,270.00 $2.00 $8,540.0C $2.50 $10,675.0C $1.75 $7,472.50 6 Waste Management Plan (Dispose of the all waste generated by the process of the project). LUMP SUM 1 $8,500.00 $8,500.00 $900.00 $900.0C $8,000.00 $8,000.00 $1,740.00 $1,740.0C $8,500.00 $8,500.00 $4,500.00 $4,500.00 Total Base Bid Subtotal Contract Items = $196,905.00 $136,135.00 $174,695.00 $153,930.00 $234,250.00 $206,797.50 Add Alternatives Sum of Base Bid and All Add Alternates Contract Items $254,325.00 79 $227,595.00 $233,211.00 $253,000.00 $264,150.00 $354,227.50 Total Project Engineer's Estimate Republic ITS Amland Corp Beltramo Electric, Inc. Tennyson Electric, Inc. Columbia Electric, Inc. Description Unit Approx. Quantity Unit Price Total Price 7 Remove and replace concrete sidewalk. SQ.FT 2380 $9.00 $21,420.0C $17.00 $40,460.00 $8.20 $19,516.0C $26.50 $63,070.00 $5.00 $11,900.00 $23.50 $55,930.0C 8 Install the concrete streetlight pole bases EA 60 $600.00 $36,000.0C $850.00 $51,000.00 $650.00 $39,000.00 $600.00 $36,000.00 $300.00 $18,000.00 $1,525.00 $91,500.0C Total All Add Alternatives Contract Items = $57,420.00 $91,460.00 $58,516.00 $99,070.00 $29,900.00 $147,430.00 Sum of Base Bid and All Add Alternates Contract Items $254,325.00 79 $227,595.00 $233,211.00 $253,000.00 $264,150.00 $354,227.50 12 —0" 4" 0.D.-- -3" O.D. y7 2`-6"± —112" Dio.I-- 6 1/2" LD. 1" 3" Tenon (2 1/2" Sch. 40 Pipe) Alloy 6063-T6 Cast Alum. Adapter Alloy J56 -T5 4" Dia. Fluted Extruded Alum. Tube .125" Wall Alloy 6063-T6 Satin Ground 8" Bolt Circle 3 Bolts 9" Balt Circle 4 Bolts 1/4" 2 Slots, 2 3/4" x 7/8" 120' and 240" from Door Slot Extend Existing Slats 1/4" To Give 9" Bolt Circle Cast Alum. Base Alloy 356-T6 With Door (6 3/4" x 8 1/4" x 8 11/32" Opening) And (4) Stainless Steel Screws Cround Lug Inside Base & Opposite Door (4) 3/4"- IONC Galy. SU. Anchor Bolts, AASHTO M314-90 Grade 55, 10" Of Threaded End Goly. Per ASTM A 153. (4) 3/4 "-1ONC Galy. Stl. Hex. Nuts (4) 3/4" Caly. Stl. Lackwashers (4) 3/4" Gals/. 511. Flatwashers 8 1/2" Dia. Bolt Circle 3 1/2" Thread WARNING. RI NOT iNSTALL LIGHTING POLES WIFHOUT LOWNAfRES REVISIONS art hapco A Kearney -National Company nTLE PEDESTAL POLES cuSTamER City of Saratoga semi 16 DATE 5/1/92 Ew LIN CHN'D DWG, NO. 817828 Ordering Guide: C6263A: LUMINAIRE - V151AB3R3KL30 W/ Dimming Module Type III Configuration 16.45 CO Ill rn m Calor: Black HINGED ROOF: DIE-CAST ALUMINUM n360 ALLOY W/ TOOL -LESS ENTRY PANELS: REFRACTIVE. INJECTION MOLDED. CLEAR ACRYLIC. TYPE 111 OPTICS LUMILOCK LED MODULE. IP66 RATED . DRIVER COVER: DIE-CAST ALUMINUM n360 ALLOY w/ TOOL -LESS ENTRY DRIVER ENCLOSURE: DIE-CAST ALUMINUM 360 ALLOY W/ HINGED TOOL -LESS ENTRY ACCESS DOOR PHOTO CONTROL: TWIST -LOCK RECEPTACLE (eye by olhers) SLIP FITTER: 3' la FASTENERS: STAINLESS STEEL LADDER REST: CAST ALUMINUM 356HM ALLOY LW MODULE SPECIFICATIONS: - 120-277 VAC. 50/60Hz AUTO SENSING. - 60.000 HOURS 0 70% LUMEN MAINTENANCE. - c0 TOTAL LEDS 166 lumens/wall eal. - 4 CAST ALUMINUM HEAT SINKS. - 70 COLOR RENDERING INDEX (CRI! - 3000M COLOR TEMPERATURE tCCT1 NOMINAL. Lumiiock Assembly Scale 1:4 Dimming Module Scale 1:2 DIMMING MODULE: LOCA TED IN DRIVER ENCLOSURE 2.13" WD x 3.15- LG x 1.06' THK ru Specification Drawing ixfure NOTICE: THIS DRAWING 15 FOR REFERENCE. ONLY. CHECK FOR LATEST REVISION PRIOR TO ORDERING PHILIPS Hf DCO 100 [railway Drive Lilileslawn, Pa 17340 Phone 717-359-7131 Fax 717-359-9515 www.'OdCO.cOm JOB NAME: City I9 Saratoga — Maga REP. TERRITORY: StNO,Ft I 03 CONFIDENTIAL: This *owing is canfidenlial and proprierary 1a Phips Madco and may nol be reproduced wilhaul rhe express wrillen cansenl al Phlips Hadco. Any use hereof at pi any pi the inlormolion or deloll nereii shall be for the sale benefit of Phis Madco. PRODUCT APPROVALS HADCO �slr� SCALE: F:6 DATE: 9W/95/9i DRAWN BY: CAM DRAWING NUMBER: 06263-0W306 CUS T. REP: ALR REV: A PCN: 19-127 BY: OA TE: 81 440 3 20625 17358 5-17417 A A 17359 17360 17361 17362 17364 17365 017410 17366 Lt) 17409 17367 •17408 130 17368 017407 017406 29 i517369 sco 017370 128 17371 17375 87 17372 17373 017403 17374 017402 04 4.% 4 17376 Or.o, 17401 3F0 17377 378 A 17379 17400 A /017397 17399 NO 7 N 10 v LI• %-2 v 0 017380 17398 017396 d`ts. 917381 7017395 37' 17382 17383 4=b, At. 1.5 (#3 CJ1 tO 7393 017392 1739 LI* 17385 17386 017390 1 87 7 88 18 017389 11 ist6 0) 441- 36 35 Big BaS.111 \Nay E48 34 53 52 Atk. C31 42 82 Legend 0 PG&E -owned street light with PG&E pole number El City -owned street light with City pole number A Street light - not part of this project 14597 Street number SARATOGA CITY COUNCIL MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay SUBJECT: Zoning Amendment - Sign Ordinance (Article 15-30) RECOMMENDED ACTION: Introduce the ordinance amending City Code Article 15-30 (Sign Ordinance). REPORT SUMMARY: Following City Council direction in 2011, the Planning Commission reviewed an update to the Sign Ordinance and recommended approval on March 14, 2012 (Attachment 7). The current ordinance (Attachment 6) has not been compressively updated since the early 1990s. Over time, several court cases have determined that sign regulations must be content neutral and conform to free speech rights projected by the First Amendment of the U.S. Constitution. A regulation that is content neutral is one which is applicable regardless of the message of the sign. Several regulations of the existing Sign Ordinance restrict signs based on content, such as political signs and real estate signs. The proposed updates to the Sign Ordinance (Attachment 1) eliminate direct references to content; generally keep or increase the standards for sign size, design, placement, lighting, materials, and type of sign structures; and include the creation of sign districts. A summary of the major differences between the current and proposed Sign Ordinance is provided in Attachment 5. PUBLIC OUTREACH: Staring in early 2011, staff worked closely with the Chamber of Commerce to reach out to local businesses and inform them of the Sign Ordinance Update. A survey was developed to gather opinions from local businesses with respect to various aspects of the current Sign Ordinance. The survey was put online, mailed to almost 300 Saratoga business license owners, sent to over 400 individuals on the Chamber's email list, sent to representatives from local Home Owners Associations, and sent to anyone who had signed up to receive emails about City activities. Over 100 surveys were completed between April and May 2011. Over 40 people attended a workshop in June 2011 to solicit input and rate various existing signs in the City through an interactive Visual Preference Survey. In January 2012, a presentation was made to the Ministerial Association on the proposed ordinance changes affecting places of worship. Between July 2011 and February 2012, the Planning Commission held 10 study sessions to thoroughly review each section of the Sign Ordinance. Representatives from the Chamber of Commerce, local business, and community groups regularly attended these sessions and provided valuable input. The City's website contained a dedicated web page to the effort which Page 1 of 2 83 was regularly updated with drafts of the sign ordinance. Several articles were also written in the Saratoga News inviting the public to attend the study sessions and to get involved in the sign ordinance update. Informational flyers were mailed out to local businesses and places of worship in February 2012 announcing the Planning Commission public hearing and providing a simple summary of the proposed changes. The revised sign ordinance refers to Article 10-10 of the City's Code, which requires a "Special Event Permit" for certain types of public events. Upon reviewing this Article, the City Attorney has recommended several conforming amendments to bring it into compliance with recent First Amendment case law and correct internal inconsistencies. The proposed revisions will come before the City Council with the annual miscellaneous updates to the City Code. Additional conforming amendments are required for the Village and Gateway Design Guidelines, which are also referred to in the revised sign ordinance. Staff will bring back the necessary changes to both documents for Council approval. ALTERNATIVE ACTION: Do not accept the recommendation to update the Sign Ordinance and provide staff with direction. FOLLOW UP ACTION: Schedule the ordinance for a second reading. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. Notice of the hearing was published in the Saratoga News on April 3, 2012 and mailed in the manner and to the extent required by law. ATTACHMENTS: 1. Information handouts summarizing the major changes to the Sign Ordinance 2. Article 15-30 (Exhibit A) 3. Ordinance 4. Findings (Exhibit 1) 5. Summary Table of Overall Changes 6. Current Sign Ordinance 7. Planning Commission Resolution Page 2 of 2 84 SAR � q�o 4. rt:' A C CITY OF SARATOGA DRAFT SIGN ORDINANCE Summary of Changes for: Institutional & Quasi -Public Uses Updated 4-11-12 The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14, 2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for institutional and quasi -public uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the City's website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia McCormick cmccormick@saratoga.ca.us or (408) 868-1230. 1 Excludes signs not visible from public rights-of-way (e.g. streets and parking lots) and adjacent residential properties. Building Signs - Any number of permanent building signs would be allowed provided the total area of all building signs does not exceed 40 square feet and no individual sign is greater than 10 square feet in area. Freestanding Signs — One freestanding sign per driveway or two signs per street frontage, whichever is greater. Signs will be limited to 10 feet in height with an aggregate height limit of 15 feet in height for all freestanding signs. Temporary On -Site Signs - Any number of temporary signs would be allowed provided the total area of temporary signs does exceed the maximum sign area stated above. Banners on buildings can be displayed for up to 30 consecutive days. Up to two temporary signs may be displayed up to 180 days in a permanent free-standing dark colored wood or metal frame that is 6 feet or less in height. One structure may be located on each street frontage. If the property has more than one street frontage, the maximum signage area on each frontage shall be proportional to the lineal feet of such street frontage. 85 Sign Area Temporary Number of Signs Signs Allowed Current Standards 24 sf. total arca 1 sign (building or freestanding) No Proposed Standards' 40 sf. for building sign area 40 sf. for freestanding sign area 40 sf. for temporary sign area or 1/8 sf. area for each linear foot of street frontage, whichever is ' reater, but no more than 80 sf. See notes below Yes 1 Excludes signs not visible from public rights-of-way (e.g. streets and parking lots) and adjacent residential properties. Building Signs - Any number of permanent building signs would be allowed provided the total area of all building signs does not exceed 40 square feet and no individual sign is greater than 10 square feet in area. Freestanding Signs — One freestanding sign per driveway or two signs per street frontage, whichever is greater. Signs will be limited to 10 feet in height with an aggregate height limit of 15 feet in height for all freestanding signs. Temporary On -Site Signs - Any number of temporary signs would be allowed provided the total area of temporary signs does exceed the maximum sign area stated above. Banners on buildings can be displayed for up to 30 consecutive days. Up to two temporary signs may be displayed up to 180 days in a permanent free-standing dark colored wood or metal frame that is 6 feet or less in height. One structure may be located on each street frontage. If the property has more than one street frontage, the maximum signage area on each frontage shall be proportional to the lineal feet of such street frontage. 85 CITY OF SARATOGA DRAFT SIGN ORDINANCE Summary of Changes for the: Village Sign District Updated 4-11-12 The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14, 2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the City's website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia McCormick cmccormick@saratoga.ca.us or (408) 868-1230. Sign Type Current Standards Proposed Standards Building Signs V2 sf. of sign area for each linear foot of building frontage (maximum of 40 sf. per business) 18 inch maximum letter size '/2 sf. of sign area for each linear foot of tenant frontage (maximum of 40 sf. per business) 2 sf. additional sign area over second entrance 6 sf. additional sign area for projecting sign' 18 inch maximum letter size Freestanding Signs 1-4 Uses Not applicable Up to 9 sf. in area and 10 ft. high 5+ Uses One 40 sf. sign up to 10 ft. high Up to 14 sf. in area and 6.5 ft. high Temporary Banners' Grand opening banner2 up to 20 sf. Special event banner3 up to 10 sf. Displayed up to 30 days One 10 sf. banner displayed on the building up to 30 consecutive days and 180 days per year. A -Frame Type Signs4 Not permitted One sign up to 6 sf. in area and 4 ft. high, located within 10 ft. from the entrance and a min. of 10 ft. from another sign Electronic Signs Not permitted 2 sf. in area, up to two colors, counts as window signage ' Projecting signs cannot exceed 10 sf in area 2 Only to announce the commencement of a new business establishment 3 Subject to certain criteria 4 Only one temporary banner or A -frame type sign may be displayed at any one time 86 CITY OF SARATOGA DRAFT SIGN ORDINANCE Summary of Changes for the: Quito Sign District Updated 4-11-12 The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14, 2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the City's website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia McCormick cmccollnick@saratoga.ca.us or (408) 868-1230. Sign Type Building Signs Current Standards Commercial Districts 1/2 sf. of sign area for each linear foot of building frontage (maximum of 40 sf. per business) 18 inch maximum letter size Current Standards Office Districts One 2 sf. sign for each use Proposed Standards Office & Commercial 1/2 sf. of sign area for each linear foot of tenant frontage (max 40 sf. per business), 2 sf. additional sign area over second entrance, 18 inch maximum letter size Freestanding Signs 1-3 Uses Not applicable Not applicable Up to 15 sf. in area and 10 ft. high 3-4 Uses Not applicable Not applicable Up to 25 sf. in area and 10 ft. high 5+ Uses One 40 sf. sign up to 10 ft. high Not applicable Up to 40 sf. in area and 10 ft. high 3+ acres Not applicable One 30 sf. sign up to 4 ft. high 6 sf. building ID signs up to 5 ft. high Not applicable Temporary Banners' Grand opening banner' up to 20 sf. Special event banner2 up to 10 sf. Both displayed up to 30 days Not permitted One 10 sf. banner displayed on the building up to 30 consecutive days and 180 days per year. A -Frame Type Signs3 Not permitted Not permitted One sign up to 6 sf. in area and 4 ft. high, located within 10 ft. from the entrance and a min. of 10 ft. from another sign Electronic Signs Not permitted Not permitted 2 sf. in area, up to two colors, counts as window signage ' Only to announce the commencement of a new business establishment 2 Subject to certain criteria 3 Only one temporary banner or A -frame type sign may be displayed at any one time 87 CITY OF SARATOGA DRAFT SIGN ORDINANCE Summary of Changes for the: Saratoga -Sunnyvale Sign District Updated 4-11-12 The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14, 2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the City's website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia McCormick cmcconnick@saratoga.ca.us or (408) 868-1230. Sign Type Building Signs Current Standards Commercial Districts '/2 sf. of sign area for each linear foot of building frontage (max 40 sf. per business) 18 inch maximum letter size Current Standards Office Districts One 2 sf. sign for each use Proposed Standards Office & Commercial % sf. of sign area for each linear foot of tenant frontage (max 40 sf. per business), 2 sf. additional sign area over second entrance 18 inch maximum letter size Freestanding Signs 1-3 Uses Not applicable Not applicable Up to 15 sf. in area and 12 ft. high 3-4 Uses Not applicable Not applicable Up to 25 sf. in area and 12 ft. high 5+ Uses One 40 sf. sign up to 10 ft. high Not applicable Up to 40 sf. in area and 10 ft. high 3+ acres Not applicable One 30 sf. sign up to 4 ft. high 6 sf. building ID signs up to 5 ft. high Not applicable Temporary Banners' Grand opening banner' up to 20 sf. Special event banner2 up to 10 sf. Both displayed up to 30 days Not permitted One 10 sf. banner displayed on the building up to 30 consecutive days and 180 days per year. A -Frame Type Signs3 Not permitted Not permitted One sign up to 6 sf. in area and 4 ft. high, located within 10 ft. from the entrance and a min. of 10 ft. from another sign Electronic Signs Not permitted Not permitted 2 sf. in area, up to two colors, counts as window signage ' Only to announce the commencement of a new business establishment 2 Subject to certain criteria 3 Only one temporary banner or A -frame type sign may be displayed at any one time 88 CITY OF SARATOGA DRAFT SIGN ORDINANCE Summary of Changes for the: Prospect Sign District Updated 4-11-12 The Saratoga Planning Commission will be holding a public hearing on proposed changes to the City Sign Ordinance at 7:00 PM on March 14, 2012 in the Council Chambers/Civic Theater, 13777 Fruitvale Avenue. The information below summarizes the changes proposed for commercial and office uses. The Draft Sign Ordinance contains more detailed information and can viewed at the Community Development Department or the City's website www.saratoga.ca.us/cityhall/cd/sign/default.asp. Comments on the proposed changes are welcome and can be provided to Cynthia McCormick cmccormick@saratoga.ca.us or (408) 868-1230. Sign Type Current Standards Proposed Standards Building Signs '/2 sf. of sign area for each linear foot of building frontage (maximum of 40 sf. per business) 18 inch maximum letter size '/2 sf. of sign area for each linear foot of tenant frontage (maximum of 40 sf. per business) 2 sf. additional sign area over second entrance 18 inch maximum letter size Freestanding Signs 1-3 Uses Not applicable Up to 15 sf. in area and 17 ft. high 3-4 Uses Not applicable Up to 25 sf. in area and 17 ft. high 5+ Uses One 40 sf. sign up to 10 ft. high Up to 40 sf. in area and 10 ft. high Temporary Banners' Grand opening banner' up to 20 sf. Special event banner2 up to 10 sf. Displayed up to 30 days One 10 sf. banner displayed on the building up to 30 consecutive days and 180 days per year. • A -Frame Type Signs3 Not permitted - One sign up to 6 sf. in area and 4 ft. high, located within 10 ft. from the entrance and a min. of 10 ft. from another sign Electronic Signs Not permitted 2 sf. in area, up to two colors, counts as window signage ' Only to announce the commencement of a new business establishment 2 Subject to certain criteria 3 Only one temporary banner or A -frame type sign may be displayed at any one time 89 Exhibit A Draft as of 4-2-12 Article 15-30 - SIGNS Sections: 15-30.010 - Purposes of Article 15-30 15-30.020 - Definitions 15-30.030 - General Provisions 15-30.040 - Sign Design Criteria 15-30.050 - Prohibited Signs 15-30.060 - Signs Allowed in Any Zoning District without a Sign Permit 15-30.070 - Village Sign District 15-30.080 - Prospect Sign District 15-30.090 - Quito Sign District 15-30.100 - Saratoga -Sunnyvale Sign District 15-30.110 - Temporary On -Site Signs on Lots in any Sign District 15-30.120 — Signs on Lots with Institutional, Public, or Quasi -Public Uses 15-30.125 - Signs on Lots with Multi -Family Dwellings or Residential Subdivisions 15-30.130 — Wall Signs on Lots Zoned Residential and Agricultural 15-30.135 - Temporary Off -Site Signs in Residential Districts 15-30.140 - Temporary On -Site Sign on Lots with Residential Properties Actively Marketed for Sale or Lease 15-30.145 - Temporary On -Site Sign on Lots with Commercial Properties Actively Marketed for Sale or Lease 15-30.150 - Sign Permits 15-30.160 - Sign Programs 15-30.170 - Expiration, Extension, and Renewal of Sign Permit Approval 15-30.180 - Sign Alteration 15-30.190 - Sign Conformance, Violations and Abatement of Illegal Signs 15-30.200 - Sign Permit Variance 15-30.210 — Substitution Clause 15-30.220 - Severability 15-30.10 - Purposes of Article 15-30 The purposes of the regulations in this Article are to: (a) Ensure high-quality designed signs are compatible with adjacent land uses and preserve the residential character of the City; (b) Prevent substandard sign generation and sign clutter which is counterproductive to business and visually unattractive to the community; (c) Direct persons to various activities and enterprises in the City; (d) Protect the public safety and reduce traffic and safety hazards through proper location and design of signs; and (e) Provide a reasonable and constitutional system of sign control including the quantity, type, placement, size, illumination and design of signs. 1 90 Exhibit A Draft as of 4-2-12 15-30.020 — Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or provision clearly requires otherwise: (a) Active Construction means ongoing construction or remodeling under an active City permit. (b) Actively Marketed means currently marketed for sale or lease. (c) Advertising Display or Advertising Sign means any sign promoting a business or the sale of a good, service, or other commodity. (d) A -Frame Sign means a sign with two sides that are adjoined at the top and sloping down at opposite angles. (e) Alteration means any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign. (f) Building Sign means a wall sign or a projecting sign. (1) Wall sign means a sign that is erected, printed, painted, incorporated into, suspended from or otherwise affixed to a wall or fascia of a building or structure with the exposed face of the sign parallel to the plane of the wall. (2)Projecting Sign means a sign that projects outward from a building at a perpendicular angle or hangs below an awning, canopy, overhang, or covered walkway. (g) Business is defined in Section 4-05-020 of this Code. No single tenant or building occupant shall have more than one primary business for the purposes of this Article. (h) City means the City of Saratoga, California. (i) Director means the Community Development Director or designee. (j) Double Faced Sign means a sign with two faces, with each face oriented one hundred eighty (180) degrees (back to back) from the other. (k) Electronic Sign means a sign which uses electrified or luminous materials to display a fixed graphic or message to the public. (1) Free -Standing Sign means a selfsupported sign either mounted on one pole (pole sign) or mounted to the ground (monument sign). (m) Hand -Held Sign means a sign that is held or carried by a person, rather than placed on the ground or other support structure. (n) Illuminated Sign means a sign illuminated by either internal or external lighting. (1) Internally illuminated sign means a sign with a source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign. (2) Externally illuminated sign means a sign with a source of illumination that is not completely enclosed by any portion of the sign. (3) Halo -Lit sign means a sign in which the light reflects back off the solid face of the sign or channel cut letter, and onto the facade of the building to give it a halo effect. (o) Mobile Billboard Advertising Display means an advertising display that is attached to a wheeled, mobile, non -motorized vehicle that carries, pulls, or transports a sign or billboard and is used for the primary purpose of advertising. (p) Multi -Family Dwelling is defined in subsection 15-06.240(c) of this Code. (q) Non -Commercial Sign or Message means a sign or message other than an advertising display or sign. 2 91 Exhibit A Draft as of 4-2-12 (r) Off-site Sign means an advertising sign that identifies or advertises a location, service, activity, or good sold elsewhere than upon the same site where such a sign is displayed. (s) On-site Sign means an advertising sign that identifies or advertises an establishment, service or activity that is or will be provided on the same premises. (t) Permanent Sign means a sign that is constructed to be used for an unlimited period of time and that is affixed to the ground, wall, or building in a permanent manner. (u) Sign means any structure or material that is used to advertise, announce, identify, direct attention to, or communicate a message, and which is not visible from any adjacent property, public right-of-way, or public parking lot. The word "sign" includes but is not limited to any letter, writing, graphic, pictorial representation, logo, trademark, symbol, or any other figure. The word "sign" includes but is not limited to a banner, building sign, canopy sign, awning sign, free-standing sign, subdivision sign, and window sign. A mural, sculpture, or seasonal decoration that does not promote or advertise a commercial event, service for hire, or product for sale is not a "sign" for purposes of this Article. (v) Sign District means a designated area within the City of Saratoga within which certain regulations apply to signs erected, installed, or retained. The sign districts include permitted non-residential uses other than institutional, public, and quasi -public uses. A map of the sign districts is available at the Community Development Department. (1) Village Sign District. This sign district includes all lots with permitted non-residential uses on Big Basin Way. (2) Quito Sign District. This sign district includes all lots with permitted non-residential uses on Cox Avenue, Village Drive, and Saratoga Avenue between Cox Avenue and Vineyard Lane. (3) Prospect Sign District. This sign district includes all lots with permitted non- residential uses on Prospect Road between Lawrence Expressway and Saratoga Avenue. (4) Saratoga -Sunnyvale Sign District. This sign district includes all lots with permitted non-residential uses on: a. Saratoga -Sunnyvale Road between Prospect Avenue and Aloha Avenue. b. Prospect Road between Saratoga -Sunnyvale Road and the Highway 85 underpass. c. Saratoga Avenue between Park Place and the intersection of Saratoga -Sunnyvale Road and Saratoga -Los -Gatos Road. d. Saratoga -Sunnyvale Road between Prospect Avenue and the train tracks (north of Manor Drive). (w) Sign Program means a master plan for signage approved by the Planning Commission pertaining but not limited to the area, dimension, color, material, design, size, placement, and illumination of all signs to be erected or installed on a building(s) or lot. (x) Street Frontage means the property line of a site abutting a street. (y) Temporary Sign means a sign that is displayed for a limited period of time. (z) Tenant Frontage means the width of tenant space, measured in lineal feet, where the most -traveled customer entrance to an individual establishment is located. If the tenant space is located on the corner of a building facing either a street or a parking lot, the width of both sides of the tenant space may be used for calculating allowable sign area. 3 92 Exhibit A Draft as of 4-2-12 (aa) Traffic Control Sign or Device means any non -advertising sign, signal, marking or device used for the purpose of regulating, warning or guiding traffic, parking, loading, or pedestrian movement. (bb) Window Sign means a sign that is displayed on a window, or within five (5) feet of a window, and is visible from a street, walkway, parking lot, or other place that is accessible to the public. 15-30.030 - General Provisions (a) General Compliance. No sign shall be erected, installed, altered or maintained in the City, including within or upon public and private streets therein, except in conformity with the provisions of this Article, and the particular regulations of the district in which the sign is located. (b) Construction Standards. All signs shall be constructed in such manner as to protect the public safety. Construction of permanent signs shall be as set forth in the latest edition of the California Building Code or other construction standard adopted by the City. (c) Street Intersections. No sign or sign element exceeding three feet in height shall be located within a triangle having sides fifty feet in length from a street intersection (as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists) unless otherwise approved by the City. (d) Driveway Intersections. No sign or sign element exceeding three feet in height shall be located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement. (e) Site Restriction. All signs advertising a good, service, or any other commercial activity shall be located on the same lot as the business or entity selling the good, offering the service, or engaging in the advertised commercial activity, except as otherwise expressly provided in this Article. This restriction does not apply to signs displaying only non-commercial messages. (f) Multiple Uses on Same Site. The allowable area of signage for a single use shall not exceed the maximum allowable area of signage for that individual use, regardless of the amount of signage allowed for others uses on the site. (g) Reduction of Sign Area, Height, Type, and Number. The regulations concerning sign area, height, type, or number, do not confer upon any person the right to erect, install or maintain a sign or signs having such maximum area, height, type, or number. The approving authority may require that the area, height, type, or number of sign(s) be reduced below the maximum set forth herein, based upon a written finding that such reduction is necessary to satisfy the criteria set forth in this Article. The approving authority shall not consider the content of the proposed sign in making this finding. (h) Legibility. All signs shall be legible under normal viewing conditions. (i) Maintenance of Signs. (1) All signs shall be maintained in a secure and safe condition. (2) All signs shall be kept free of rust, corrosion, peeling paint, cracks, fading, torn and tattered materials, or other surface deterioration. (3) Illuminated signs shall function as designed and permitted. 4 93 Exhibit A Draft as of 4-2-12 (4) Signs that are not maintained in accordance with subsections 15-30.030(i)(1)-(3), whether conforming or legal nonconforming as defined in Section 15-30.190(b), shall be subject to abatement in accordance with this Article. (j) Application of Article. This Article shall apply to all property located within the City, except public streets, property and property rights owned by the City, railroad rights-of-way and underground public utility lines and facilities. With the above noted exceptions, this Article applies to all such property whether the same be owned by private persons, firms, corporations or organizations, or by the State or any of its agencies or political subdivisions, or by any County, or by any City with the exception of the City of Saratoga, and without limitation of the foregoing, is intended to apply fully to all property owned by or under the control of any authority or district, including school districts, organized under the laws of the State. 15-30.040 - Design Criteria (a) Size of Letters. Unless otherwise authorized in this Article, no sign shall have letters greater than eighteen inches in any dimension. (b) Sign Height is calculated by measuring the vertical distance from the average ground level directly beneath the sign to the highest point at the top of the sign. All architectural and design elements, poles, posts, and other supporting structures are included in the calculation of height. (c) Sign Area means the area of the smallest rectangle drawn to include all sign copy (e.g., letters, characters, symbols, graphics, logos). Where the sign copy is placed upon a sign board or other background surface, the exposed board or background surface shall be calculated in the sign area. (d) Sign Materials. All permanent signs shall be constructed and maintained with high quality all-weather wood, metal, or durable synthetic materials, unless otherwise specified under this Article. Signs allowed under Section 15-30.060 may be made of any material, unless otherwise specified in this Article. (e) Illuminated Signs. All permanent building and free standing signs may be either illuminated or non -illuminated, provided that illuminated signs must be approved by the Planning Commission pursuant to Subsection 15-30.150(c) or 15-30.160. No temporary sign may be illuminated unless specifically provided in this Article. All illuminated signs shall comply with the following, unless otherwise specified under a sign program: (1) The primary source of light shall not be visible from off the property. (2) The sign shall not cause annoying glare. (3) The sign may be subject to conditions, including, but not limited to, the intensity, type, location, and the time during which the sign may be illuminated. (4) Illuminated building signs in the Village Sign District shall either be externally illuminated or a halo -lit solid surface. Signs in the Village shall not be comprised of channel cut letters. (5) Illuminated building signs in the Prospect Sign District, Quito Sign District, and Saratoga -Sunnyvale Sign District shall either be externally illuminated, halo -lit, or internally illuminated individual channel cut letters. (6) Illuminated cabinet signs are not permitted. 5 94 Exhibit A Draft as of 4-2-12 (7) Illuminated free-standing signs shall be externally illuminated. (f) Free -Standing Signs. (1) Monument signs may be mounted directly on the ground or on two posts where the posts supporting the sign are no more than two feet high, as measured from the ground to the bottom of the sign. (2) Pole signs are mounted directly on one pole. The pole supporting the sign shall not extend more than two feet above the top of the sign. (g) Sign Projection. No sign shall extend above the ridge line of the building upon which it is located. No sign shall project over a public right-of-way (e.g., sidewalk, street, alley), unless otherwise authorized in this Article. 15-30.050 - Prohibited Signs The following signs are prohibited everywhere within the City: (a) Signs made of reflective material, and signs incorporating flashing or moving parts, except for traffic control signs or devices erected by a governmental entity. Televisions or monitors less than three (3) square feet in area are excluded from this prohibition. (b) Mobile billboard advertising displays. (c) Advertising displays that are painted or attached to a vehicle parked on any property for more than 48 hours within a one week period, if the sign is larger than 20% of the body panel (e.g. door, hood, roof) on which it is located. (d) Streamers, balloons, flares, pennants, twirlers and similar attention -getting devices on or incorporated into any advertising display. (e) Posters, placards, announcements, and advertisements that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object permanently affixed in or upon a public highway, public street or public right-of-way. (f) Obscene signs, which are defined as signs containing depictions or representations which (a) taken as a whole, the average person, applying contemporary community standards, would find appeals to the prurient interest; (b) depict or describe, in a patently offensive way, sexual conduct specifically defined by California law; and (c) taken as a whole, lack serious literary, artistic, political, or scientific value. (g) Signs that obstruct any door, window, fire escape or other egress path from any building. (h) Signs or sign structures that conflict with traffic control signs or devices; interfere with, obstruct, or misdirect traffic; impede pedestrian movement; obstruct the clear view of vehicular or pedestrian traffic; or otherwise create a pedestrian or vehicular safety hazard. (i) Any signs other than those allowed by this Article. 15-30.060 — Signs Allowed in Any Zoning District Without a Sign Permit The following signs are allowed without a sign permit in any zoning district in the City. (a) Flags, provided that they display only non-commercial messages. The aggregate area of all flags displayed on any lot shall not exceed 30 square feet. All flags displayed on a lot shall be mounted on a single, permanent flagpole no higher than 25 feet. (b) Hand -Held Signs displaying non-commercial messages. 6 95 Exhibit A Draft as of 4-2-12 (c) Window Signs, provided that the signs do not comprise more than 25% of the area of any individual window. (d) Temporary Special Event Signs included with a Special Event Permit issued per City Code Article 10-10. There shall be no more than eight temporary signs per event and no individual sign shall exceed ten (10) feet in height and sixty (60) square feet in area. (e) Temporary Non -Commercial Signs (including but not limited to election signs), provided that: (1) No sign shall be displayed for more than seventy-five cumulative days within a one year period. (2) No sign shall exceed four (4) square feet in area and three (3) feet in height. (3) The sign shall not be illuminated. (4) No sign shall be thicker than one-half inch, except for support posts firmly planted in the ground. (5) A temporary, non-commercial sign located on private property may incorporate balloons, ribbons, streamers, or other attention -getting devices, provided these devices are not displayed for more than 24 consecutive hours at a time, nor more than six 24-hour periods in any one year. (6) Signs may be located on private property with the permission of the property owner. (7) No sign shall be located on any median, street, travel lane or on any sidewalk where it impedes pedestrian travel. (0 Temporary Signs on Lots with Active Construction. In addition to the temporary, non- commercial signs allowed pursuant to subsection 15-30.060(e), up to two temporary, non - illuminated on-site or non-commercial signs on any active construction site, provided that: (1) The sign shall be located on the same lot as the construction project. (2) One sign may be free-standing, but in such case shall not exceed six (6) feet in height. (3) One sign may be located on a construction fence. (4) No sign shall exceed 15 square feet in area. (g) Banners on Light Poles erected by a governmental entity. (h) Traffic control signs and devices erected by a government entity. Lots with a parking area exceeding ten spaces may have up to four (4) signs for every 10 parking spaces, where each sign shall not exceed two (2) square feet in area and four (4) feet in height. (i) Utility location signs, utility identification signs, and utility markers erected by a governmental entity. (j) City Entrance Signs. One permanent sign adjacent to an arterial street at each entrance to the City. The total sign area of each sign shall not exceed 50 square feet. 15-30.070 —Village Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Village Sign District with a sign permit. Signs on lots in the Village Sign District shall also be consistent with the Village Design Guidelines. 7 96 Exhibit A Draft as of 4-2-12 (a) Building Signs. (1) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one-half square foot of area for each lineal foot of tenant frontage, as defined in Section 15- 30.020, or 40 square feet, whichever is less. (2) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (b) Projecting Sign. If one of the primary building signs permitted pursuant to subsection 15- 30.070(a)(1) is a projecting sign, the maximum area for all building signs upon any one building shall be increased by six (6) square feet. However, no projecting sign permitted pursuant to this section shall exceed 10 square feet in area and the bottom of the sign shall be at least seven (7) feet above the grade below. An example of a projecting sign is shown in Graphic 1. H 2' H Sign Copy 7' minimum above grade Grade 4► 5'H 6u!pllne J0/lam Sign Copy • 7' minimum above grade Awning Graphic 1: Projecting Signs (Example only, not to scale) (c) Electronic Sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. 8 97 Exhibit A Draft as of 4-2-12 (d) Free -Standing Sign. One permanent free-standing sign per lot, as follows: (1) Four (4) or Fewer Uses. The sign shall only be a pole sign and shall not exceed nine (9) square feet in area or ten (10) feet in height. An example is shown in graphic 2. (2) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 14 square feet in area, plus one (1) additional square foot of area for each additional use over five (5) uses. The sign shall not exceed 6.5 feet in height. 9 SF Grade 10' 6 SF 1 SF 10' Graphic 2: Pole Sign Examples (Example Only, not to scale) 15-30.080 -Prospect Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Prospect Sign District with a sign permit. (a) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one-half square foot of area for each lineal foot of tenant frontage, as defined in section 15-30.020, or 40 square feet, whichever is less. (b) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. (d) Free -Standing Sign. One permanent free-standing sign, as follows: (1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 17 feet in height. (2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 17 feet in height. 9 98 Exhibit A Draft as of 4-2-12 (3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40 square feet in area or 10 feet in height. 15-30.090 - Quito Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in the Quito Sign District with a sign permit. (a) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one-half square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or 40 square feet, whichever is less. (b) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. (d) Free -Standing Sign. One permanent free-standing sign, as follows: (1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 10 feet in height. (2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 10 feet in height. (3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40 square feet in area or 10 feet in height. 15-30.100 - Saratoga -Sunnyvale Sign District In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with non-residential uses in the Saratoga -Sunnyvale Sign District with a sign permit. Signs on lots located in the Saratoga -Sunnyvale Road Gateway area shall also be consistent with the Gateway Design Guidelines. (a) Primary Building Signs. Any number of permanent building signs, provided that the aggregate area of all building signs upon any one building shall not exceed one-half square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or 40 square feet, whichever is less. (b) Wall Signs on Buildings with More than One Entrance. One permanent building sign, each not exceeding two (2) square feet in area, over each additional entrance to the building. (c) Electronic sign. One electronic sign (e.g., neon or L.E.D.), not exceeding two (2) square feet in area, provided that: (1) The entire sign shall be comprised of one or a maximum of two solid colors. (2) The sign shall not flash or be composed of a changeable message. (3) The sign shall not be illuminated when the use is closed. 10 99 Exhibit A Draft as of 4-2-12 (4) If the sign is located on a building, it shall count towards the maximum building sign allowance. (5) If the sign is located in a window, it shall count towards the maximum window coverage. (d) Free -Standing Sign. One permanent free-standing sign, as follows: (1) One (1) or Two (2) Uses. The sign shall not exceed 15 square feet in area or 12 feet in height. (2) Three (3) or Four (4) Uses. The sign shall not exceed 25 square feet in area or 12 feet in height. (3) Five (5) or More Uses. The sign shall only be a monument sign and shall not exceed 40 square feet in area or 10 feet in height. 15-30.110 — Temporary On -Site Signs on Lots in Any Sign District In addition to other signs allowed pursuant to this Article, temporary signs that comply with the following standards are allowed on lots in any of the four sign districts without a permit: (a) One temporary banner or free standing on-site sign, provided that: (1) Temporary on-site banner shall comply with the following: a. The banner shall only be placed on a building. b. The banner shall not exceed 10 square feet in area. c. The banner shall be constructed of durable all-weather fabric or synthetic material. d. Each lot shall be free of temporary on-site banners at least 180 days in a calendar year. e. No individual temporary on-site banner shall be displayed more than 30 consecutive days. (2) Temporary on-site free-standing sign (including but not limited to A -frame type sign) shall comply with the following: a. The sign shall only be located within 10 feet from the primary entrance to the building and shall not impede pedestrian travel. b. The sign shall not exceed six (6) square feet in area and four (4) feet in height. c. The sign shall not be affixed to any tree or structure. d. The sign shall only be displayed when the business is open. e. The sign shall be constructed of durable all-weather wood, metal, and/or blackboard. (b) No business shall display more than one temporary on-site sign at any one time. (c) No temporary on-site sign shall be located within 10 feet of another temporary sign. (d) No temporary on-site sign shall be illuminated. (e) No temporary on-site sign shall include balloons, ribbons, streamers, or other attention - getting devices. (f) No temporary on-site sign shall be located on any median, street, or travel lane, or upon any sidewalk where it impedes pedestrian travel. 15-30.120 — Signs on Lots with Institutional, Public, or Quasi -Public Uses. In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with an Institutional, Public, or Quasi -Public use anywhere in the City. 11 100 Exhibit A Draft as of 4-2-12 (a) Building Signs: Any number of permanent building sign(s) on any lot are allowed with a sign permit, provided that: (1) The aggregate area of all permanent building sign(s) shall not exceed 40 square feet. (2) No individual permanent building sign shall be greater than 10 square feet in area. (b) Free -Standing Signs: Up to two permanent free-standing sign(s) per street frontage, or one permanent free-standing sign per driveway, whichever is greater are allowed with a sign permit provided that: (1) The aggregate area of all permanent free-standing sign(s) shall not exceed 40 square feet. (2) No individual permanent free-standing sign shall exceed 10 feet in height and the aggregate height of all such signs shall not exceed 15 feet. (c) Temporary Signs: On-site temporary signs are allowed without a sign permit, provided that the aggregate area of all such signs shall not exceed 40 square feet or one-eighth square foot of area for each lineal foot of street frontage, whichever is greater. In no case, shall the aggregate total of all temporary on-site signs exceed 80 square feet. If the property has more than one street frontage, the total area of on-site temporary signs shall be proportional to the lineal feet of such street frontage. (1) No individual temporary on-site sign shall be displayed on a building for more than 30 consecutive days. (2) Up to two temporary on-site signs may be displayed on a single permanent free-standing dark colored durable all-weather wood or metal frame structure. a. The maximum height of the structure shall be six (6) feet. b. One structure may be located on each street frontage. c. No individual sign shall be displayed on such free-standing structure for more than 180 consecutive days. 15-30.125 - Signs on Lots with Multi -Family Dwellings or Residential Subdivisions In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with multi -family dwellings or residential subdivisions with a permit. (a) Up to two permanent free-standing signs per lot, provided that: (1) The aggregate sign area shall not exceed 24 square feet in area and the height of each sign shall not exceed six (6) feet. (2) The sign shall be located at the entrance to the multi -family dwelling complex or subdivision. 15-30.130 - Wall Signs on Lots Zoned Residential and Agricultural In addition to other signs allowed pursuant to this Article, one permanent non -illuminated wall sign not exceeding two (2) square feet in area is allowed on lots zoned Residential or Agricultural without a permit. 15-30.135 - Temporary Off -Site Signs in Residential Districts In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots in residential districts without a permit. (a) Any number of temporary off-site signs (including but not limited to real estate open house signs) are allowed, provided that: 12 101 Exhibit A Draft as of 4-2-12 (1) No individual sign shall exceed two (2) square feet in area and three (3) feet in height. (2) No more than two identical signs per intersection shall be displayed. (3) The signs shall only be displayed between dawn and dusk. (4) No sign shall include balloons, ribbons, streamers, or other attention -getting devices. (5) Off-site signs may be located on property with the permission of the property owner. (6) No sign shall be located on any median, street, travel lane or on any sidewalk where it impedes pedestrian travel. 15-30.140 - Temporary On -Site Sign on Lots with Residential Properties Actively Marketed for Sale or Lease In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with residential properties actively marketed for sale or lease without a permit. (a) One temporary on-site sign may be located on a property that is actively marketed for sale or lease, provided that: (1) The sign shall not exceed four (4) square feet in area and six (6) feet in height. (2) The sign shall not include balloons, ribbons, streamers, or other attention -getting devices. 15-30.145 - Temporary On -Site Sign on Lots with Commercial Properties Actively Marketed for Sale or Lease In addition to other signs allowed pursuant to this Article, the following signs are allowed on lots with commercial properties actively marketed for sale or lease without a permit. (b) One temporary on-site sign per use may be located on a property that is actively marketed for sale or lease, provided that: (3) The sign area for any one use shall not exceed 10 square feet. If the sign is advertising three or more uses, it shall not exceed 24 square feet in area. (4) No sign shall exceed six (6) feet in height. (5) No sign shall include balloons, ribbons, streamers, or other attention -getting devices. 15-30.150 - Sign Permit (a) Sign Permit Application Requirements. An application for a sign permit shall be made to the Community Development Department in accordance with this Article and shall contain the following information, as applicable: (1) A site plan showing the lot on which the proposed sign(s) will be located, adjacent land uses, streets, and parking lots; the location of off-street parking and loading spaces; major points of entry and exit for motor vehicles; existing or proposed buildings and structures on the site; the primary entrance to the building; the lineal feet of tenant frontage(s) used for calculating sign area; and the location of all existing and proposed signs on the building(s) or ground. (2) A scaled elevation drawing showing the building(s) upon which the proposed sign(s) will be located; the lineal feet of the tenant frontage(s) used for calculating sign area; and the placement and dimensions, including height, of all existing and proposed signs on the building(s) or ground. (3) A scale drawing showing the size, height, sign dimensions, letter dimensions, colors, materials and general design and construction of the proposed sign(s) or sign structure(s). 13 102 Exhibit A Draft as of 4-2-12 If a sign is to be illuminated, the method, source, intensity, and placement of illumination. (4) A table showing the dimensions and area for each existing or proposed sign on the lot and the aggregate area of all existing and proposed signs on the lot. (5) Such other information as the Director or the Planning Commission may require in determining whether the proposed sign(s) will comply with the regulations and standards of the City; provided, however, that the Director and the Planning Commission shall not consider the content of any proposed sign in determining whether additional information is required. (b) Administrative Review. (1) The Director shall review and approve or deny, pursuant to this Article and the findings in subsection 15-30.150(e), sign permits for each of the following types of signs. a. Any sign that is located on a property that is consistent with an approved sign program. b. Any non -illuminated building sign that does not require a sign program. (2) An administrative sign permit may be issued as soon as the application is found complete. (3) The Director may refer any sign permit application to the Planning Commission for their review. If the Director refers an application, he/she shall provide the applicant with his/her reasons for the referral in writing. (c) Planning Commission Review. (1) The Planning Commission shall review and approve or deny, pursuant to this Article and the findings in subsection 15-30.150(e), a sign permit for each of the following types of signs. a. Illuminated signs that are not already subject to a Sign Program. b. Free-standing signs that are not already subject to a Sign Program. c. All Signs on lots with five (5) or more businesses or other uses that are not already subject to a Sign Program. d. Any application for a sign permit referred by the Director to the Planning Commission for a decision thereon. (d) Public Hearing. A public hearing is required for any new Sign Program and all free-standing signs over six (6) feet in height. Notice of the public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing by mailing, postage prepaid, to the applicant and to all persons whose names appear on the latest available assessment roll of the County as owning property within 500 feet of the boundaries of the parcel which is the subject of the application. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than 10 days prior to the date of the hearing. (e) Sign Permit Findings. A sign permit shall be granted if and only if all of the following findings are made: (1) Each sign complies with the regulations of this Article, including but not limited to the provisions set forth in Sections 15-30.030 and 15-30.040; and (2) Each sign is consistent with an approved sign program for the subject site; and 14 103 Exhibit A Draft as of 4-2-12 (3) Each sign is consistent with the applicable Specific Plan and/or Design Guidelines for the subject district; and (4) The quantity, size, proportion, height, and spacing of signs minimizes the perception of clutter; and (5) Each sign is compatible with: a) other nearby signs; and b) the building and/or site upon which it is located; and c) adjacent structures and the general vicinity. Compatibility shall be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of lettering. (1) 30 Day Review. The City shall comply with California Government Code §65920 through §65965 and Public Resources Code §21151.5, including the time limits contained therein. Within 30 days after receipt of an application for a sign permit, the Director shall inform the applicant in writing if the application is incomplete and will list the submittals required to complete the application. If the Director does not notify the applicant within 30 days after receipt that the application is incomplete, then the application will be deemed complete. (g) Application Approval. If a proposed sign complies with the requirements of this Article, the reviewing body shall grant the requested sign permit. If a proposed sign does not comply with the requirements of this Article, the reviewing body shall either deny the requested sign permit or grant it subject to conditions that will bring the sign into conformance with this Article. Any denial or conditional grant of a sign permit shall be accompanied by written findings stating the reasons for the denial or conditional permit. (h) Appeal. A decision or determination made under this Article may be appealed in accordance with the procedure set forth in Article 15-90 of this Chapter. (i) Sign Permit Revocation. The City shall reserve continuing jurisdiction over a sign permit and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. 15-30.160 - Sign Program (a) Purpose. The purpose of a Sign Program is to achieve a consistent theme and visual harmony among all permanent signs erected on a single lot. In order to achieve this purpose, a Sign Program may include exceptions to the requirements contained in this Article limiting the number and size of individual permanent signs erected and maintained on any one lot, as well as their design features (including but not limited to illumination, color, material, letter size, height etc.), upon making the findings in subsection 15-30.160(e). (b) Eligibility. Any property owner may apply for a Sign Program. All advertising signs on lots with five (5) or more uses shall be regulated under a Sign Program. If such a property does not have a Sign Program, the property owner shall receive approval for a Sign Program prior to installation of any new permanent advertising signs or the alteration of any existing permanent advertising signs. (c) Sign Program Application Review. (1) The Planning Commission shall review and approve or deny, pursuant to this Article and the findings in Subsection 15-30.160(e), all Sign Program applications. (2) A public hearing is required for all new Sign Programs, pursuant to Subsection 15- 30.150(d). (3) The Planning Commission shall comply with California Government Code § 65920 through § 65965 and Public Resources Code § 21151.5, including the time limits 15 104 Exhibit A Draft as of 4-2-12 contained therein, in reviewing Sign Program applications. Within 30 days after receipt of an application for a Sign Program, the Director shall inform the applicant in writing if the application is incomplete and will list the submittals required to complete the application. If the Director does not notify the applicant within 30 days after receipt that the application is incomplete, then the application will be deemed complete. (d) Sign Program Application Requirements. An application for a Sign Program shall include all of the following information: (1) All of the information required under subsection 15-30.150(a) of this Article. (2) Theme. A graphical representation of the visual theme of the Sign Program including how individual signs will relate to one another through common elements such as size, shape, material, color, location, illumination, letter style, or letter size. (3) Sign Area Distribution. A description of the total sign area allowed under the proposed Sign Program will be distributed, e.g., the area will be limited by the square footage of tenant space or an anchor tenant will be allowed a larger percentage of area than other tenants. (e) Sign Program Findings. The Planning Commission shall grant approval of a Sign Program if and only if all of the following findings are made: (1) The total area of all permanent signs governed by the Sign Program is not greater than the total area of all permanent signs otherwise allowed on the lot by this Article. (2) All signs in the Sign Program are consistent with the applicable Specific Plan and/or Design Guidelines for the subject district; and (3) The quantity, size, proportion, height, and spacing of signs minimizes the perception of clutter; and (4) The signs governed by the Sign Program are compatible with: a) other nearby signs; b) the building and/or site upon which it is located; and c) adjacent structures and the general vicinity. Compatibility shall be determined by the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size and height, and the size and style of lettering. (f) Sign Program Approval. If a proposed Sign Program complies with the requirements of this Article, the reviewing body shall grant the requested Sign Program. If a proposed sign does not comply with the requirements of this Article, the reviewing body shall either deny the requested Sign Program or approve it subject to conditions that will bring the Sign Program into conformance with this Article. Any denial or conditional approval of a Sign Program shall be accompanied by written findings stating the reasons for the denial or conditional approval. (g) Appeal. A decision or determination made under this Article may be appealed in accordance with the procedure set forth in Article 15-90 of this Chapter. (h) Sign Program Revocation. The City shall reserve continuing jurisdiction over a Sign Program and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. (i) Implementation. (1) Existing signs must be brought into compliance with an applicable Sign Program upon alteration, as defined in Section 15-30.020. (2) All new signs, including replacement signs, shall comply with the Sign Program. 16 105 Exhibit A Draft as of 4-2-12 (j) Modifications. Any modifications to a Sign Program shall require a new application. 15-30.170 — Expiration, Extension, and Renewal of Sign Permit Approval (a) Expiration. An application approved in accordance with this Article shall be deemed to have expired, when any of the following occurs: (1) When a sign permitted by the approved sign permit or sign program has not been erected within three (3) years of approval, or for signs associated with other land use approvals within the maximum time limit of the land use approval. The time period, within which a project must be commenced starts on the effective date of a decision approving a project or the end of the appeal period, whichever is longer. When there is an appeal, the effective date is the date of the final determination of the appeal. (2) When a building permit for the sign has expired, and the Building Official does not renew the building permit within one hundred eighty days after expiration. (3) When a business, that has obtained a sign permit to erect or maintain a sign at a certain location, has been closed at such location for a period of at least one (1) year. (b) Extension. The Community Development Director may extend a sign permit for a single period of twelve months if an application for extension is filed no earlier than three months prior to the expiration date and no later than one month prior to the expiration date. (c) Renewal. Any approved application which has been allowed to expire shall be subject to the fling of a new application pursuant to this Article. 15-30.180 — Sign Alteration (a) Except as otherwise provided in the Saratoga Municipal Code, no person shall alter a sign unless the alteration conforms to this Article. (b) Any sign erected or displayed pursuant to a sign permit must obtain a new sign permit for any alteration. (c) Replacement of the sign face shall be considered an alteration, unless such replacement results in a sign that is visually identical to the original sign. 15-30.190 — Sign Conformance, Violations and Abatement of Illegal signs (a) Illegal Signs. Any sign, including its supporting structure, other than a legal non -conforming sign, as defined in subsection 15-30.190(b), that is in violation of this Article shall be deemed to be a public nuisance and shall be made to conform or removed by the owner of the property on which it is located upon thirty (30) days written notice by the City. (b) Legal Non -Conforming Signs. A "legal nonconforming sign" is a permanent sign that was in existence on the effective date of the ordinance adopting this Article and that does not conform to the provisions of this Article. (1) A permanent "legal nonconforming sign" shall not be considered an "illegal sign", or in violation of this Article, or required to be removed or made to conform, unless: a. It is altered or relocated, or 17 106 Exhibit A Draft as of 4-2-12 b. A conditional use permit for a new use, or design review pursuant to City Code Section 15-46.060, is required for the property on which the "legal nonconforming sign" is located. (2) Temporary signs and window signs are not considered permanent legal non -conforming signs for the purposes of this Article. (3) The owner of the sign shall bear the burden of demonstrating to the Director that the sign was in existence on the effective date of the ordinance adopting this Article, and the Director's determination shall be final. (4) Notwithstanding the foregoing, all legal nonconforming signs must comply with the maintenance requirements of Subsection 15-30.030(i). (c) Signs on Public Property. Any sign located upon or affixed to any public property in violation of the provisions of this Article is subject to removal, upon giving at least three days' prior written notice of such violation and intended removal to the sign owner. If the sign owner cannot be ascertained or found after reasonable efforts to do so, the notice shall be posted upon the sign for a period of at least three days prior to the removal of the sign. Any such sign that constitutes an immediate and substantial hazard to the public health or safety may be promptly abated and removed with written notice of the removal provided to the sign owner, or without notice if the owner cannot be promptly ascertained. (d) Sign Removal. Except as provided in subsection 15-30.190(b), all signs presently existing and not in conformity with the provisions of this Article constitute a violation of this Code and shall be removed or made to conform to the provisions of this Article. (1) Any sign removed pursuant to this Article will be retained by the City for a period of at least ten days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine established by the City Council, whichever is greater. Any person desiring to contest such payment may request a hearing before the City Manager, who shall waive the payment if he determines that the sign did not violate any provisions of this Article. The decision of the City Manager shall be final. (2) Any sign not retrieved within the ten-day period shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the City. The City shall have the right to recover from the owner of such sign all removal and destruction costs. (e) Each sign found to be in violation of any provision of this Article shall constitute a separate violation of this Code. (f) The enforcement of sign regulations pursuant to this Section shall be in addition to any other rights and remedies available to the City under Chapter 3 of this Code by reason of the same violation. 15-30.200 — Sign Permit Variance. (a) The Planning Commission shall grant a variance to any of the size, design or temporal requirements contained in this Article if and only if all of the following findings are made: (1) Strict compliance with the size, design, or temporal requirements would result in practical difficulty or unnecessary hardship inconsistent with the purposes of this Article, due to unique physical or topographic circumstances or conditions of design; and 18 107 Exhibit A Draft as of 4-2-12 (2) Strict compliance with the size, design, or temporal requirements would deprive the applicant of privileges enjoyed by owners of similarly zoned property. (3) The extent of the variance from the requirements of this Article shall be limited to that reasonably necessary to alleviate the problem created by the unique or unusual circumstances or conditions identified pursuant to subsection (a)(1), above. (b) No other provision in the Municipal Code authorizing a variance or exception to the City's zoning regulations shall apply to the requirements of this Article. (c) Within 30 days after receipt of an application for a sign variance, the Community Development Director shall inform the applicant in writing if the application is incomplete and will list the submittals required to complete the application. If the Community Development Director does not notify the applicant within 30 days after receipt that the application is incomplete, then the application will be deemed complete. 15-30.210 — Substitution Clause (a) A sign displaying a protected non-commercial message of any type is allowed anywhere that commercial signs are allowed, subject to the same regulations applicable to such commercial signs. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non-commercial message over any other non-commercial message. (b) This message substitution provision does not: 1) create a right to increase the total amount of signage on a parcel, lot or land use; 2) affect the requirement that a sign structure or mounting device be properly permitted; 3) allow a change in the physical structure of a sign or its mounting device; or 4) authorize the substitution of an off-site commercial message in place of an on-site commercial message or in place of a non-commercial message. 15-30.220 — Severability. If any subsection, sentence, clause or phrase of this Section is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Article. It is hereby declared to be the intention of the City Council that each subsection, sentence, clause or phrase in this Article shall be severable. 19 108 ORDINANCE NO. AN ORDINANCE AMENDING SARATOGA CITY CODE ARTICLE 15-30 CONCERNING SIGN REGULATIONS 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 regulation of signs is necessary to further the substantial governmental interests of the City to protect the public health, safety, and general welfare as provided in Exhibit 1. b. The Sign Ordinance is consistent with Saratoga General Plan Land Use Element Goal LU 2 which provides that the City should encourage the economic viability of Saratoga's existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas; General Plan Circulation Element Policy CI 6.6 which provides that City should enforce ordinances to prevent the use of non -conforming roadside signs on all roads and highways within the City, whether erected by private individuals or business enterprises; and the General Plan Safety Element Objective to enhance the response to emergencies in a timely, coordinated manner. c. Pursuant to the California Environmental Quality Act, the ordinance amendment is exempt under CEQA Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Section 2. Adoption. The Saratoga City Code is hereby amended by repealing Article 15-30 in its entirety and replacing it with the text attached as Exhibit A. Section 3. Severance Clause. The City Council declares that each section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub -section, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. 1 109 This ordinance or a comprehensive summary thereof shall be published once 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 18th day of April, 2012, and was adopted by the following vote following a second reading on the 2nd of May, 2012: AYES: NOES: ABSENT: ATTEST: Crystal Morrow CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA 2 110 EXHIBIT A: ARTICLE 15-30 3 111 EXHIBIT 1: FINDINGS 4 112 EXHIBIT 1 Findings. The City of Saratoga hereby finds that the regulation of signs is necessary to further the substantial governmental interests of the City to protect the public health, safety, and general welfare. As provided in the City's Vision Statement, Saratogans value the City's natural beauty, historic assets, and small town residential character. Furthermore, the City recognizes the importance of protecting the economic viability of the Village and other commercial areas in the City. Signs serve a useful purpose in communicating a message, whether commercial or otherwise. Their location, number, size, design and relationship to each other and to other structures have a significant influence upon a community's appearance and welfare. Where signs are not properly regulated, they contribute to visual clutter which may have a negative effect upon a viewer's perception of the community and impede rather than enhance commerce. Furthermore, signs can impact traffic safety by interfering with necessary sight -distances or by distracting drivers, cyclists and pedestrians. The regulations set forth in this Article will directly advance the public interest by preserving the appearance of residential and commercial buildings and areas and circumventing unsafe placement of signage and distraction to drivers or pedestrians. The regulations are also designed to provide the greatest freedom of speech and expression consistent with the City's substantial interests in aesthetics and traffic safety. Traditional methods of conveying ideas, such as hand-held signs, window signs, and temporary signs, are allowed throughout the City without a permit. The regulations do not discriminate among signs based on their messages. Where permits are required, the regulations cabin the discretion of permitting authorities and provide an expeditious timeline for decisionmaking As a result, those seeking permits will have a clear understanding of the requirements and there is no opportunity for permitting authorities to allow any viewpoint or message bias to affect their permitting decisions. The regulations also recognize that there are certain times when additional signage might be desirable or necessary, such as when there is a special event, ongoing construction, or property for sale or lease, and allow for additional signage during these times. Again, the content -neutral regulations do not require any particular content to be placed on these signs, but the City has determined that, during these times, additional signs would not have an adverse affect on the City's aesthetic and traffic safety interests. The City's General Plan identifies five main commercial areas in the City including the Village, Argonaut Shopping Center, the Gateway, Quito Shopping Center, and the commercial uses between Saratoga Avenue and Prospect Road (at Lawrence Expressway). The Sign Ordinance condenses these five areas into four sign district areas by combining all of the commercial uses along Saratoga -Sunnyvale Road including the Argonaut Shopping Center and the various centers located in the Gateway District into one sign district; the Saratoga -Sunnyvale District. Professional -administrative offices are scattered throughout the City and fall into one or more of the proposed sign districts. 113 The Village Sign District encompasses the Commercial -Historic (CH) zoning district which includes a mix of commercial, office, and residential uses. Big Basin Way is a two-lane corridor where a majority of the storefronts abut the sidewalk with parking in the rear. Thus, signage in the Village needs to reflect the pedestrian -oriented environment. The additional allowance for projecting signs that hang over the sidewalk at a perpendicular angle to the building help create a pedestrian flow as customers walk between buildings. Signs in the Village Sign District are further guided by the Village Design Guidelines. The three remaining sign districts encompass all of the land currently zoned for Commercial - Visitor, Commercial -Neighborhood, and Professional -Administrative development (i.e., CV, CN, and PA). With the exception of free-standing sign height, sign regulations are the same for commercial and professional administrative uses in the three remaining sign districts. The Prospect Sign District borders San Jose and primarily consists of commercial uses and larger existing signs in general; thus higher signs in this District will not adversely affect the aesthetics of this area or create unsafe driving conditions. Moreover, the average speed of drivers travelling on Prospect Road and Lawrence Expressway is generally higher than other areas of the City. These higher speeds require larger signs for legibility. The lower height limit of free-standing signs in the Saratoga -Sunnyvale District is a reflection of the speed and volume of traffic along this major arterial along with the mix of residential and commercial uses. The free-standing sign height limit in the Quito District is lower than the Prospect and Saratoga -Sunnyvale Districts due to the lower traffic volumes as compared to the other two districts and the mix of residential, commercial, and office uses along this corridor. Signs in the Gateway area of the Saratoga - Sunnyvale District are further guided by the Gateway Design Guidelines. The allowable area of building signs in each of the sign districts is based on the lineal feet of building frontage, so that signage is proportional to the building. This proportional approach also prevents the appearance of clutter, as it spreads out signage along the streets in each district. Free-standing signs are located on the ground and are typically erected to identify the business to passing pedestrians and motorists, although the ordinance contains no limit on their content. Where multiple businesses and other uses open to the public are located on a single lot, additional free-standing signage is provided to allow these uses to identify each use in a fashion legible to passing pedestrians and motorists. This additional signage will reduce the likelihood of traffic accidents and unsafe driving practices as motorists search for their destinations. It will also reduce confusion of passing pedestrians and motorists. Many businesses currently use electronic or neon signs to indicate when they are "open" or to identify the type of services they offer (e.g., "nails"). While these types of signs are consistent with the economic environment of commercial areas, their presence would be inconsistent with and intrusive to the more tranquil environment of residential areas. The land outside of the four sign districts is primarily developed with agricultural, residential, and community -facilities (i.e., AP, A, ROS, HR, R1, RM, MUPD, and CFS zoning districts). Community facilities as defined in the Saratoga General Plan include institutional, public and quasi -public uses such as churches, schools, city facilities, libraries, museums, gardens, and meeting halls for civic organizations. These non-residential uses are scattered throughout the 114 City's residential, agricultural, and open space districts. They are generally located on larger lots and open to the public. As such, additional signs on the properties where these uses are permitted are necessary to safely guide traffic and pedestrians to these uses, and to limit the number of drivers who get lost looking for these uses. Drivers who are lost tend to perform u -turns and conduct other potentially unsafe driving practices while trying to find their destinations. Allowing additional signs on these community facilities will not undermine the overall aesthetic value of the City because these uses are spread out among residential uses. In addition, the City of Saratoga is largely built -out. Thus, it is unlikely that many additional community facilities will be developed. Moreover, by allowing some additional signs on lots where non-residential uses are permitted, as compared with lots with residential uses, the City does not intend to favor any particular viewpoint or speakers over others. The City's sole purpose is to ensure that drivers safely reach their destinations while balancing the aesthetic needs of the community where these non-residential uses are located. While there is no requirement that this additional signage contain any particular content, the City wishes to ensure that there is sufficient sign area allowed for these uses to identify themselves to the public for the reasons discussed above. Moreover, the mere existence of additional permanent signage on lots with community facilities will likely signal to drivers and others that the use is open to the public. Signs located at the entrances to residential subdivisions and multi -family dwellings have a similar purpose in enabling both the traveling public and emergency personnel to quickly locate these residential areas for the purpose of either visitation or responding to emergency calls. Although no particular content is required on these signs, existing signs in the City often contain such identifying information. Moreover, the very presence of additional, permanent signage in these areas in residential neighborhoods tends to indicate the location of an entrance to a subdivision or the location of multi -family dwellings. Allowing a greater sign area on lots with multi -family dwellings is also consistent with free speech goals, given that more potential speakers live in multi -family dwellings than in single family homes. Traffic control signs and devices erected by the City and other government entities are essential to the safe functioning of City streets. The City frequently utilizes traffic control and warning or danger signs to inform drivers and pedestrians of traffic regulations, hazards, construction work, special events, and other information essential to the public's safe use of roads, buildings, and parks. These signs include "Stop," "Yield," "No U -Turn," "One Way," speed limit, and street name signs, among others. They must be located immediately adjacent to the street or overhead. They must be visible to drivers and must be located so that drivers can see and take notice of the sign's information in time to act, given the speeds at which cars are travelling at a given location. Sometimes, they must be made of reflective material or incorporate flashing lights so that they are visible to drivers at night. The City also erects and maintains temporary traffic control signs and devices when engaged in road construction or maintenance work. These signs typically inform drivers of the location of the City's work, direct traffic around the work site, and notify drivers of reduced speeds. Such signs include "Lane Closed," "Detour," "Slow," "Men At Work," etc. These signs are frequently located in the street or along the shoulder of the road where construction or maintenance is occurring. In the event that the City needs to repair or maintain the City's sidewalks, the City will erect signs notifying pedestrians of this work. Such signs include "Sidewalk Closed," "Use Other Sidewalk," etc. When sidewalks must be closed, these signs are located across the closed sidewalk to keep pedestrians from using the closed 115 sidewalk. The City also erects and maintains temporary traffic control and warning or danger signs when there has been an accident or other emergency situation. These signs notify drivers that an accident has occurred and direct traffic around the accident site. These signs include "Caution" and "Lane Closed" signs, among others. These traffic control signs and devices are essential to the safe movement of traffic and pedestrians on City streets and sidewalks. If the City could not use reflective or illuminated traffic control signs, drivers and pedestrians would be placed in significant danger because drivers would not see important information—such as "Stop" signs, etc.—in time to react. If drivers cannot see this information in time to react, they will be more likely to get into accidents with other drivers and pedestrians. Similarly, if the City could not place signs in the road, along the shoulder, or blocking sidewalks, as needed, drivers and pedestrians would be placed in significant danger. Traffic control, warning and danger signs must be placed where drivers and pedestrians can see them. In the case of road construction or traffic accidents, signs must be placed between oncoming traffic and the personnel working on the road (e.g., construction crews, emergency response workers). If the City could not place signs in this way, these personnel would be exposed to greater risk of being struck by oncoming traffic. "Sidewalk closed" signs are also more effective if placed across the sidewalk to prevent passage. When there is an emergency situation, such as a car accident, the City must erect the appropriate traffic control, warning and danger signs quickly—within minutes or hours—to effectively protect the safety of emergency response workers and the public. The City could not effectively protect these workers and the public if it were required to obtain a sign permit from the City Planning Department prior to erecting these traffic control signs and devices. For traffic control signs to be effective, it is also important that their messages not be "drowned out" by other signs. If the City allowed all speakers to erect illuminated, reflective signs along City streets and sidewalks, such signs would distract drivers from the messages on the City's traffic control signs. This distraction would likely lead to an increase in accidents as drivers would not be adequately warned about traffic control regulations and dangers. Likewise, it is essential that governmental entities be allowed to erect utility location signs, utility identification signs, and utility markers without a permit and in any location throughout the City. For example, these signs may need to be located in the public right-of-way to alert the public of downed power lines. They also must be made of bright , attention -getting material to alert the public of potential dangers. Failure to alert the public of utility locations and dangers could result in serious injury. There are certain types of signs, , that, by their very nature, are unattractive, intrusive, distracting, and dangerous. These signs include, but are not limited to: obscene signs; signs that obstruct egress from buildings; signs that conflict with traffic control signs or misdirect traffic; digital signs; signs made of reflective material; signs incorporating flashing or moving parts; mobile billboard advertising displays and other types of advertising displays painted on vehicles; posters, placards, announcements, and advertisements erected on fences, poles, trees, etc. in or upon the public right of way. Similarly, attention -getting devices attached to signs, such as streamers, balloons, flares, pennants, and twirlers, can create a look of clutter as well as distract motorists if employed in great numbers. 116 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes SIGN CONTENT AND OVERALL APPROACH Many of the current sign regulations are specific to the type of content on the sign (e.g., directional or identification signs). However, in order to comply with the 1St Amendment of the U.S. Constitution, the ordinance should be content neutral. The primary goal of the new Ordinance is to eliminate direct references to content. The draft changes include the creation of sign districts to address the aesthetic characteristics of commercial and professional -office districts in different areas of the city. The draft changes generally maintain or increase the allowable amount of signage. PURPOSES The current purposes section of the sign ordinance lacks some language that could be more helpful for clarifying the intent of the sign code. The current ordinance « states: In order to preserve the natural beauty of the City, to maintain the orderliness of the community's appearance, to conserve its residential character, and to protect the public safety, the location, size, illumination and design of signs are regulated." This section has been amended to help clarify the intent of the sign ordinance. The draft changes indicate the purposes are to: (a) The purposes of the regulations in this Article are to: (b) Ensure high-quality designed signs are compatible with adjacent land uses and preserve the residential character of the City; (c) Prevent substandard sign generation and sign clutter which is counterproductive to business and visually unattractive to the community; (d) Direct persons to various activities and enterprises in the City; (e) Protect the public safety and reduce traffic and safety hazards through proper location and design of signs; and (f) Provide a reasonable and constitutional system of sign control including the quantity, type, placement, size, illumination and design of signs. DEFINITIONS There are several definitions in the current ordinance that are content based in nature. There is a lack of definitions that would help staff and the public interpret the sign code. The following words/sign types were deleted: Construction Sign Directional Sign Gasoline Price Sign Height Identification Sign Open House Sign Political Sign 1 117 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes Portable Sign Real Estate Sign Special Event Sign Subdivision Sign The following words were added for clarity: Active Construction Actively Marketed Advertising Display A -Frame Sign Alteration Building Sign Business City Director Double Faced Sign Electronic Sign Hand -Held Sign Mobile Billboard Advertising Display Multi -Family Dwelling Non -Commercial Sign or Message Off-site Sign On-site Sign Permanent Sign Projecting Sign Sign District Sign Program Street Frontage Temporary Sign Tenant Frontage Traffic Control Signs or Devices Wall Sign Window Sign Several other words in the current ordinance were amended for clarity in the draft ordinance GENERAL The general provisions This section has been restructured so that specific PROVISIONS section of the current ordinance includes regulations regarding sign design (e.g., letter size, illumination, sign projection, and free-standing signs) are specific provisions that now under a new section entitled `Design Criteria' 2 118 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes would be better defined The subsections regarding compliance with article and in their own section. compliance with district regulations have been combined. There is no provision Language regarding sign height in street and driveway regarding driver line -of- site with regard to signs intersections was added to ensure driver safety. near the street. The subsection regarding 'site restriction' has been amended to differentiate advertising signs from non - Sign maintenance and sign legibility is not commercial signs without direct reference to content. regulated in the current The subsection regarding `reduction of sign area' has been sign ordinance. amended. The words area, height, type, and number have been added to this subsection for clarity. The subsection regarding multiple uses has been clarified. A requirement for legibility of signs was added. A subsection regarding sign maintenance was added and requires signs to be maintained free of peeling paint, etc. DESIGN CRITERIA The design criteria for This new section is more concise regarding specific various types of signs regulations pertaining to sign design (e.g., letter size and are obscured within the sign projection). General Regulations section of the current The reference to 60 inch tall letters for signs in the `M' ordinance and would be (industrial) district (which no longer exists) has been easier to find in their own section. deleted. The definition for sign height was moved to this section and deleted from the definitions section. The definition for sign area was amended for clarity. A subsection regarding sign materials was added. The subsection regarding illuminated signs was amended. Design criteria for monument signs and pole signs were added. The subsection regarding sign projection was amended 3 119 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes PROHIBITED The current ordinance Some words/sections were deleted to reduce redundancy SIGNS includes words/sign and some words/sign types were deleted to eliminate types that are that are content based in references to content. character. There is also The prohibition of reflective, flashing or moving signs has some redundancy in the prohibited section of the been made more explicit. code. Added language regarding the prohibition of balloons, etc. for commercial advertisement signs Added language prohibiting `obscene' signs SIGNS ALLOWED The current ordinance "Identification, Directional, Open House, Political, and IN ANY ZONING includes words/sign Real Estate" signs have been incorporated into other sign DISTRICT types that are: content types that are content neutral thereby allowing for more WITHOUT A SIGN based in character; or types of signs such as garage sales, election signs, etc. PERMIT exempt by definition; or need more discretion; or `Holiday Decorations' are understood to be exempt under required by law and do not need to be explicitly the definition of `sign' made exempt The posting of required legal notices is required by law, so the reference to notices has been deleted. The current ordinance does not currently The reference to gasoline price signs has been eliminated exempt signs that are since these signs are regulated by the State Business and required by the City. Professions Code. The current ordinance The word `governmental' with regard to flags was deleted does not reference window signs. due to its content nature. The following types of signs were made exempt from a The current ordinance sign permit to conform to case law regarding free speech: lacks an exemption for - Hand -Held Signs signs that are typically - Temporary Non-commercial signs up to 4 SF and 3 feet used for free speech. in height (e.g., election signs) - Window Signs (up to 25% of window) Temporary special event signs would be allowed without a sign permit subject to certain criteria and an approved `Special Event' permit per City Code Article 10-10. 4 120 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes Added the following language for `non-commercial' temporary signs: `Balloons, ribbons, streamers, or other attention -getting devices may not be displayed for more than 24 hours at a time, nor more than six 24-hour periods in any one year." Up to two construction signs, 15 SF in area and 6 feet in height were made exempt since these signs are required by the Community Development Department. Banners on Light Poles erected by a governmental entity were also made exempt. Governmental traffic control signs and devices up to 2SF in area in 4 feet in height are exempt. VILLAGE Current sign regulations This new section addresses signs in the Village. SIGN DISTRICT are standard for all commercial zoning In the Village, there are no professional -administrative districts and do not account for specific zoned properties. aesthetic goals in the Building signs continue to be limited to 1/2 SF of area for Village. each linear foot of tenant frontage, or 40 SF, whichever is less. However, an additional 6 SF in area is allocated for The current ordinance projecting signs in the Village. The maximum size of a does not allow free- standing signs for projecting sign would be 10 SF. individual businesses, although several individual businesses throughout the Village Additionally, buildings with more than one entrance may have one additional sign each not exceeding 2 SF in area, over each additional entrance to the building. have free-standing signs. In the Village a 10 foot tall free standing pole sign, up to 9 SF in area, would be allowed on lots with fewer than five The sign provision for uses. A 6.5 foot tall monument sign would be allowed on hotels and motels is lots with five or more uses and the sign area could be 14 currently 16 square feet. SF plus 1 SF for each additional use over 5 uses. One electronic sign (e.g., neon or L.E.D.), not exceeding 2 SF in area would be allowed subject to certain criteria. The sign provision for hotels and motels would be the same as for commercial uses. 5 121 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes PROSPECT Current sign regulations These new sections have been created for commercial and SIGN DISTRICT do not account for the professional -administrative zoned lots in three distinct speed of traffic, adjacent areas of the city as shown on the "Sign District Map." QUITO uses, or the aesthetic SIGN DISTRICT goals of these areas. The standards for each of the three districts are essentially the same with exception to height. SARATOGA- Building signs are SUNNYVALE currently regulated Building signs on both commercial zoned lots and SIGN DISTRICT differently for professional -administrative zoned lots would have the commercial zoned lots same standards; being one-half square foot of area for (based on building each linear foot of tenant frontage, or forty (40) square frontage) versus professional - feet, whichever is less. administrative lots (2SF Additionally, buildings with more than one entrance may max). have one additional sign each not exceeding 2 SF in area, over each additional entrance to the building. The current ordinance does not allow free- One permanent free standing sign would be allowed and standing signs for the area of the sign would depend on the number of individual businesses, businesses: although several 1-2 Businesses = 15 SF (pole sign only) individual businesses 3-4 Businesses = 25 SF (pole sign only) throughout Saratoga have free-standing signs. 5+ Businesses = 40 SF (monument sign only) The height of a monument sign shall not exceed 10 feet in height. The height of a pole sign shall not exceed 17 feet in height in the Prospect Sign District; 10 feet in height in the Quito Sign District; and 12 feet in height in the Saratoga - Sunnyvale Sign District. One electronic sign (e.g., neon or L.E.D.), not exceeding 2 SF in area would be allowed subject to certain criteria. TEMPORARY ON- The current ordinance One 10 SF temporary banner SITE SIGNS ON includes several OR LOTS IN ANY SIGN references to content one 6 SF, 4' high temporary free-standing sign DISTRICT based types of signs, such as grand openings and special events. would be allowed in any sign district, subject to certain criteria. 6 122 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes SIGNS ON LOTS WITH INSTITUTIONAL, PUBLIC, OR QUASI -PUBLIC USES The current ordinance allows 24 SF of signage for public building or grounds, community facilities, institutional facilities, and religious institutions. Churches, schools, and other community facilities have traditionally used a lot of signage due to their large congregations or events throughout the year. The current ordinance also allows one 20 SF bulletin board on the site of a church. A new section has been created for "institutional, public, and quasi -public" uses (e.g., churches, library). The proposed ordinance addresses the special needs of these types of uses by allowing: - Building signs: 40 SF in area with no individual sign exceeding 10 SF in height - Free-standing signs: 40 SF aggregate area and 15 feet aggregate height (10 foot high max individual) - Temporary signs: 40 SF or 1/8 SF of area for each linear foot of street frontage, whichever is greater, but no more than 80 SF in total. Up to two temporary on-site signs may be displayed on a single permanent free-standing structure up to 6 feet in height on each street frontage. Non -illuminated signs which are not visible from any adjacent property, public right-of-way, or public parking lot (e.g., bulletin boards) are not defined as a `sign'. SIGNS ON LOTS WITH MULTI- FAMILY DWELLINGS OR RESIDENTIAL SUBDIVISIONS Multi -family dwellings and residential subdivisions are currently regulated under the residential section of the sign ordinance. This new section provides standards for multi -family dwellings and subdivisions throughout the City. The sign provision for multi -family dwellings has been increased from 16 square feet to 24 square feet. The provision for a permanent sign for subdivisions has remained at 24 square feet but may now be illuminated with Planning Commission approval. An explicit provision for temporary subdivision signs has been deleted since these types of signs are allowed under the provisions for actively marketed sites. WALL SIGNS ON LOTS ZONED RESIDENTIAL AND AGRICULTURAL The current code allows a 1 SF "name plate", on the site of a home occupation, but a 10 SF "identification" sign on the site of a day care The draft sign ordinance would exempt one 2 SF wall sign on a building in residential and agricultural districts. This sign could be used for gas stations, day care facilities, home occupations, or any other type of sign without regard to content. 7 123 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes facility. This discrepancy favors one "speaker" over another speaker. TEMPORARY ON- SITE SIGN ON LOTS WITH RESIDENTIAL PROPERTIES ACTIVELY MARKETED FOR SALE OR LEASE The residential section of the current ordinance includes sign standards for on-site real estate 'for sale' signs. This new section allows one 4 SF sign up to 6 feet in height on lots with residential properties actively marketed for sale or lease without a permit. The proposed dimensions reflect feedback from the Realtors Association. TEMPORARY OFF- SITE SIGNS IN RESIDENTIAL DISTRICTS The residential section of the current ordinance includes sign standards for off-site real estate 'open house' signs. This new section allows off-site signs in residential districts without reference to content. If used as an 'open house' sign, the proposed dimensions reflect feedback from the Realtors Association. SIGN PERMITS The type of review required for various types of signs is obscured within the application requirements section. The current application requirements are not consistent with the City's submittal checklist for sign applications. Parts of the criteria for review of an application were redundant. This new section is more concise regarding the types of applications requiring Administrative review and Planning Commission review: - The Community Development Department will review any sign that is located on a property that is consistent with an approved sign program and any non -illuminated building sign that does not require a sign program. - The Planning Commission will review all illuminated signs that are not already subject to a Sign Program, free - standing signs that are not already subject to a Sign Program, and signs on lots with five (5) or more uses that are not already subject to a Sign Program. - A public hearing will only be required for sign programs and freestanding signs over 6 feet in height; otherwise the Planning Commission will review applicable sign permit applications under 'New Business'. The application requirements were made more explicit in an effort to help applicants submit a complete proposal. The word `criteria' has been replaced with the word 8 124 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes `findings' and the `findings' for approval have been amended. A disclaimer regarding `content' was added. A reference to the state requirement regarding timely review of applications was included in this section. Added language regarding approval, denial, and revocation of a sign permit. SIGN PROGRAMS The current ordinance references sign programs but does not provide any specifics. A new section for Sign Programs was added to achieve a consistent sign theme and visual harmony and allow site specific standards for special circumstances such as a shopping center with multiple tenants and buildings where multiple signs are needed. The Sign Program section includes findings for approval and standards for implementation and modifications. EXPIRATION, EXTENSION, AND RENEWAL OF SIGN PERMIT APPROVAL The code does not currently specify when a sign permit expires if it is not acted upon. A new section regarding Expiration, Extension, and Renewal of Sign Permit Approval has been added. SIGN ALTERATION There is no explicit reference regarding alteration, enlargement, or relocation of non- conforming signs and existing signs that were previously subject to a permit. This new section explicitly prohibits alterations to non - conforming signs and signs that were previously subject to a permit, unless otherwise approved by permit. SIGN CONFORMANCE, VIOLATIONS AND ABATEMENT OF ILLEGAL SIGNS The current sign ordinance does not address illegal signs on private property or legal non -conforming signs. This section makes reference to the This new section refers to illegal signs, non -conforming signs, and signs on public property. It also describes the sign removal process that is defined in the current sign ordinance. Illegal Signs installed in violation of the new sign ordinance shall be removed or made to conform within 30 days written notice by the City. 9 125 SUMMARY OF CHANGES: The following is a summary of the most significant changes proposed in the Zoning Ordinance Amendment for Article 15-30 - Signs. Topic Current Issues Proposed Changes `Maintenance Director' however Community Development Department staff is the person most likely to enforce the sign ordinance. "Legal non -conforming signs" shall be removed or made to conform only if the sign is altered or relocated or if the owner of the sign obtains any conditional use permit, design review, or other land use entitlement for the property on which the legal nonconforming sign is located. The word `Maintenance Director' has been deleted or replaced as appropriate. SIGN PERMIT VARIANCE A reference to sign variances is obscured within the current sign code. This new section makes it explicit that sign permit variances may be granted subject to certain findings. SUBSTITUTION CLAUSE A new section regarding substitution of non-commercial messages/signs where commercial messages/signs are allowed was necessary to avoid any perceived favoring of commercial speech over non-commercial speech. SEVERABILITY The sign ordinance did not previously have an explicit subsection regarding severability. This new subsection regarding severability was added. 10 126 Article Sections: 15-30.010 15-30.020 15-30.030 15-30.040 15-30.050 15-30.060 15-30.070 15-30.080 15-30.090 15-30.100 15-30.110 15-30.120 15-30.130 15-30.140 15-30.150 15-30.160 15-30.170 15-30.180 15-30.190 15-30.200 15-30 - SIGNS Purposes of Article. Definitions. Prohibited signs. General regulations. Requirement for permit; exemptions. Application for permit. Criteria for review of application. Signs in agricultural and residential districts. Signs in professional and administrative office districts Signs in commercial districts. Repealed. Temporary subdivision signs. Temporary construction signs. Public interest signs. Open house signs in residential districts. Temporary political signs. Gasoline price signs. Special permits from City Council. Prior condition for design review. Violations; removal of illegal signs on public property. 15-30.010 - Purposes of Article. In order to preserve the natural beauty of the City, to maintain the orderliness of the community's appearance, to conserve its residential character, and to protect the public safety, the location, size, illumination and design of signs are regulated. 15-30.020 - Definitions. In addition to the definitions set forth in Article 15-06, all of which are applicable herein, for the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Construction sign means a temporary sign stating the names of those persons directly connected with the construction of a real estate development project, and may include their addresses and telephone numbers. (b) Directional sign means a sign, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits, transmit parking information or convey similar information. (c) Free standing sign means a sign affixed to the ground and not affixed to any building. (d) Gasoline price sign means a sign on the site of a gasoline service station indicating the brand of motor vehicle fuel offered for sale thereat, the price per gallon or liter, the grade of fuel and such other information as prescribed in Section 13532 of the State Business and Professions Code. The term "gasoline price sign" shall not include any displays upon actual fuel pumps. (e) Height, as applied to a sign, means the vertical distance measured from the lowest ground level directly beneath the sign to the highest point at the top of the sign. The ground level shall be either the natural grade or finished grade, whichever is lowest. 127 (f)Identification sign means a sign, the sole purpose of which is to identify the site or the building, use or persons occupying the site on which the sign is located. (g)Illuminated sign means a sign having its own immediate source of internal or external lighting. (1)Internally illuminated sign means a sign with an immediate source of illumination that is completely enclosed by the surface of the sign structure or the characters of the sign. (2)Externally illuminated sign means a sign with an immediate source of illumination that is not completely enclosed by any portion of the sign. (h)Open house sign means an off-site portable sign directing prospective purchasers to the location of a single-family dwelling being offered for sale and open for visitation by the public at the time the sign is displayed. (i)Political sign means a temporary sign which directly relates to a candidate for public office or to a ballot issue, in an election conducted by a governmental entity. (j)Portable sign means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports, including, but not limited to, "A -frame" type signs, placards and banners. (k) Real estate sign means a temporary sign advertising the sale, lease or rental of the real property, or any portion thereof, upon which the sign is located and the identification of the person handling such sale, lease or rental. (1)Sign means any lettering, symbol or other thing of visual appearance primarily used for, or having the effect of, attracting attention from the street, sidewalk or other outside public area for advertising or identification purposes. A sign shall not mean displays of merchandise or products for sale on the premises, or ornamentation, designs, pictures, paintings or other such art forms unless the attraction, because of location, size, use or nature thereof, has the substantial effect of attracting attention for advertising or identification purposes when viewed from an outside area. (m)Sign area means the area of the smallest rectangle drawn to include all letters, designs, frame and structural components which are part of the sign, but excluding any supports, uprights, posts or structures by which any sign is supported unless such supports, uprights, posts or structures are designed in such a manner as to form an integral background of the sign. In computing the area of a double face sign, only one face of the sign shall be included, provided that the two faces shall be approximately the same size and approximately parallel to each other and not more than two feet apart at any point. (n)Sign program means a general plan for signage, as approved by the City, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, the area, dimension, color, material, design, size and illumination of all signs to be erected or installed pursuant to the sign program. (o)Special event sign means a temporary sign pertaining to events of civic, community, philanthropic, educational or religious organizations, which are not conducted in connection with the operation of a commercial enterprise. (p)Subdivision sign means a temporary sign advertising a subdivision and providing travel directions to single-family dwellings therein offered for sale or lease for the first time. The term "subdivision sign" also includes a model home sign on the site of a single-family dwelling within the subdivision. (Amended by Ord. 245 § 2 (Att. A) (part), 2006) 128 15-30.030 - Prohibited signs. The following signs are prohibited: (a)Reflective, flashing or moving signs, except for public service time and temperature signs which shall not be flashing, animated or revolving in nature. (b)Portable signs, except for open house signs, political signs and special event signs which comply with the regulations of this Article. (c)Streamers, banners, balloons, flares, flags, pennants, twirlers and similar attention -getting devices, with the exception of the following: (1)One national, state and local governmental flag properly displayed upon a single flagpole. (2)Holiday decorations, in season. (3)Grand opening and special event displays which comply with the regulations of this Article. (d)Any sign affixed to any vehicle or trailer, unless the vehicle or trailer is intended to be used in its normal business capacity and not for the primary purpose of advertising a use or event or attracting persons to a place of business. (e) Signs or sign structures which by color, wording or location resemble or conflict with traffic control signs or devices. (f)Signs that create a safety hazard by obstructing the clear view or safe movement of vehicular or pedestrian traffic. (g)Signs that obstruct any door, window, fire escape or other emergency exit of any building. (h)Posters, placards, announcements, advertising and similar signs that are erected on any fence, pole, tree, pavement, wall, bus stop, bench, or any other object in or upon a public highway, public street or public right-of-way, excepting notices posted by a public officer in the performance of a public duty, or by any person for the purpose of giving legal notice, and warning or informational signs required or authorized by governmental regulations, or signs approved in connection with special event sign permits issued pursuant to Section 15-30.180, or temporary use permits issued pursuant to Article 15-60 (Amended by Ord. 71-152 § 1, 1995; Ord. 71-152.1 §§ 1, 3, 1997; Ord. 245 § 2 (Att. A) (part), 2006) 129 15-30.040 - General regulations. (a)Compliance with Article. No sign shall be erected, installed, altered or maintained in any zoning district in the City, including public and private streets therein, except in conformity with the provisions of this Article. (b)Compliance with district regulations. All signs shall comply with the particular regulations of the district in which they are located. (c)Site restriction. All signs shall be located on the same site as the use they identify or advertise, except temporary subdivision signs as described in Section 15-30.120, public interest signs as described in Section 15-30.140, open house signs as described in Section 15-30.150, and temporary political signs as described in Section 15-30.160 (d)Sign projection. No sign shall extend above the ridge line of a building, nor project more than thirty inches from the outside wall of a building, nor more than twelve inches over any street or alley. (e)Illuminated signs. No sign shall be illuminated so that the primary source of light is visible from off the property or in such way as to cause annoying glare. The source or sources of external lighting intended to illuminate any sign shall not exceed a total of two hundred watts. The permit for an illuminated sign may be issued subject to conditions, including, but not limited to, the number, location and intensity of all light sources and the time during which the sign may be illuminated. The City shall reserve continuing jurisdiction over such permit and may revoke the same upon any failure by the permittee to comply with any condition set forth therein. (f)Size of letters. Unless otherwise prescribed in this Article, no sign shall have letters greater in size than eighteen inches in any dimension, except that in the M district, letters of sixty inches may be permitted. (g)Construction standards. All signs shall be constructed in such manner as to protect the public safety. Construction standards shall be as set forth in the latest edition of the Uniform Building Code as adopted by the City. (h)Free standing signs. Except as otherwise expressly provided in this Article, all signs shall be affixed to the building or structure, the use of which is being advertised or identified, and shall not be free standing. Where free standing signs are allowed and except as otherwise provided in this Article, such free standing signs shall not exceed ten feet in height. (i)Multiple uses on same site. Where more than one use is lawfully being conducted upon the same site, the total signage for each separate use shall not exceed the sign area for such use as prescribed in this Article. No sign area may be increased by reason of there being no signage or reduced signage for another use upon the same site. (j)Reduction of sign area. The regulations concerning sign area, as set forth in this Article, represent the maximum size which may be permitted in the absence of a variance but do not confer upon any person the right to erect, install or maintain a sign or signs having such maximum area. As a condition for the granting of any sign permit hereunder, the approving authority may require that the size of the sign be reduced below the maximum sign area set forth herein, based upon a finding that such reduction is necessary to satisfy the criteria set forth in Section 15-30.070 of this Article. 130 15-30.050 - Requirement for permit; exemptions. (a)No person shall place, erect, install, or maintain any sign in the City without first obtaining a sign permit pursuant to this Article, unless such sign is exempted under the provisions of subsection (b) of this Section. (b)Except in the case of illuminated signs or any signs that are subject to approval by the City under the terms of any sign program or as a condition of any building site approval, use permit, variance, design review or other approval granted by the City, the following signs shall be exempted from the requirement of a permit hereunder: (1)One identification sign, not exceeding ten square feet in area, which is not free standing. (2)Not more than two directional signs upon a single site, each sign not exceeding three square feet in area and five feet in height. Such signs may be free standing. (3)One national, state and local governmental flag properly displayed upon a single flag pole. (4)Holiday decorations, in season. (5)Open house signs which comply with the requirements of Section 15-30.150 (6)Political signs which comply with the requirements of Section 15-30.160 (7)One real estate sign, not exceeding six square feet in area if located in an A, R-1, HR, R- OS or R-M district, and not exceeding twelve square feet in area if located in a P-A or C district. The sign may be free standing, but in such event shall not exceed four feet in height. (8)One bulletin board, not exceeding twenty square feet in area and not more than ten feet in height, on the site of a school or religious institution, provided the content of the sign relates to an activity conducted at, or sponsored by, the school or religious institution. (9)Official traffic, fire and police related signs, temporary traffic control signs used during construction, utility location and identification signs and markers required to protect such facilities, and any signs required by the City or any other public authority to be erected, installed or maintained. (10)Notices required to be posted by law. (Amended by Ord. 71.98 § 5, 1991; Ord. 71.113 § 4, 1992) 131 15-30.060 - Application for permit. (a)Application for a sign permit hereunder shall be made to the Community Development Director on such form as he may prescribe. If the site on which the sign will be displayed is already subject to a sign program approved by the City, if the sign is a temporary real estate, construction, subdivision, special event or grand opening sign or a directional sign, or (except in the case of illuminated signs) if the sign is for an individual business or activity, the application may be acted upon by the Director; otherwise, the application shall be acted upon by the Planning Commission. Notwithstanding the preceding sentence, the Director may refer any application for a sign permit to the Planning Commission for a decision thereon. (b)The application shall contain the following information: (1)The location and size of any existing or proposed buildings and structures on the site. (2)The location of off-street parking and loading spaces, including major points of entry and exit for motor vehicles, where directional signs are proposed. (3)The location of the proposed sign and its relationship to existing or proposed adjacent buildings and structures on the site. (4)A scale drawing showing the size, height, dimensions and content of the proposed sign or sign structure and also indicating the colors and materials thereof. (5)The location and size of all other existing signs on the site. (6)If the sign is to be illuminated, the method, source and intensity of illumination. (7)Such other information as the Community Development Director or the Planning Commission may require in order to determine whether the proposed sign will comply with the regulations and standards contained in this Article. (Amended by Ord. 71-180 § 1, 1998) 15-30.070 - Criteria for review of application. The following criteria shall be applied in reviewing applications for sign permits hereunder: (a) That the sign complies with the regulations of this Article and the regulations of the district in which it will be located; (b) That the size, shape, color, illumination, placement and material of the sign is compatible with the building it identifies and with the visual characteristics of the neighborhood and other lawful signs in the area; (c) That the location and design of the sign does not obscure from view or unduly detract from existing adjacent signs; (d) That the location and design of a sign in close proximity to any residential district will not adversely affect the quality or character of such residential area. 132 15-30.080 - Signs in agricultural and residential districts. No sign of any character shall be permitted in an A, R-1, HR, R-OS or R-M district, except the following: (a) An identification sign, not exceeding twenty-four square feet in area, on the site of a public building or grounds, a community facility, an institutional facility or a religious institution. Such signs may be free standing. (b) A bulletin board, not exceeding twenty square feet in area and ten feet in height, on the site of a school or religious institution, provided the content of the bulletin board relates to an activity conducted at, or sponsored by, the school or religious institution. Such bulletin board may be free standing. (c) An identification sign, not exceeding sixteen square feet in area, on the site of a multi-family dwelling. Such sign may be free standing. (d) A name plate, not exceeding one square foot in area, pertaining to a home occupation. (e) A nonilluminated real estate sign, not exceeding six square feet in area. The sign may be free standing, but in such event shall not exceed four feet in height. (f) A permanent sign, not exceeding twenty-four square feet in area, identifying a subdivision, located adjoining each entrance to a subdivision. (g) Temporary subdivision signs, subject to the regulations prescribed in Section 15-30.120 (h) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130 (i) Public interest signs, subject to the regulations prescribed in Section 15-30.140 (j) Open house signs, subject to the regulations prescribed in Section 15-30.150 (k) Temporary political signs, subject to the regulations prescribed in Section 15-30.160 (1) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170 (m) An identification sign, not exceeding ten square feet in area, on the site of a day care facility. (Amended by Ord. 71.98 § 6, 1991; Ord. 71.113 § 5, 1992) 133 15-30.090 - Signs in professional and administrative office districts. No sign of any character shall be permitted in a P -A district, except the following: (a) An identification sign, not exceeding two square feet in area, for each use upon the site of a professional, administrative or medical office building. (b) Directional signs, each not exceeding three square feet in area and five feet in height. Such signs may be free standing. If more than two directional signs are proposed, the number and location of such signs shall be subject to approval by the Planning Director. (c) An identification sign, not exceeding twenty-four square feet in area, on the site of a public building or grounds, a community facility, an institutional facility, or a religious institution. Such sign may be free standing. (d) Where multiple office buildings are located upon a single site which is three acres or greater in size, either or both of the following signs may be allowed in addition to all other signs permitted under this Section: (1) A free standing site identification sign, not exceeding thirty square feet in area and four feet in height. (2) An identification sign for each office building on the site, indicating the location of a building and/or identifying the occupants thereof, each sign not exceeding six square feet in area. The signs may be free standing, but in such event shall not exceed five feet in height. The Planning Commission shall have authority to grant exceptions to the regulations contained in this subsection with respect to the number, size and height of identification signs, through the granting of a use permit pursuant to Article 15-55 of this Chapter. (e) A nonilluminated real estate sign, not exceeding twenty-four square feet in area. The sign may be free standing, but in such event shall not exceed eight feet in height, as measured from the top of the curbline, or the pavement surface where no curb exists, of the nearest street adjacent to the sign. (f) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130 (g) Public interest signs, subject to the regulations prescribed in Section 15-30.140 (h) Temporary political signs, subject to the regulations prescribed in Section 15-30.160 (i) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170 (Amended by Ord. 245 § 2 (Att. A) (part), 2006) 134 15-30.100 - Signs in commercial districts. No sign of any character shall be permitted in a C district, except the following: (a) Identification signs which comply with any one of the following standards: (1) One-half square foot of area for each foot of width of the front elevation of the building and side elevation on the street side of a corner lot; or (2) One-fourth square foot of area for each foot of street frontage of the site; or (3) One-half square foot of area for each foot of store frontage. The term "store frontage," as used herein, means that side, or those sides of the building where the main entrance to each business establishment conducted therein is located. For the purposes of computing sign area hereunder, no single business establishment may have a main entrance on more than one side of the same building. In no event shall the aggregate area of all identification signs upon a site exceed forty square feet for each use upon such site. (b) Directional signs, each not exceeding three square feet in area and five feet in height. Such signs may be free standing. If more than two directional signs are proposed, the number and location of such signs shall be subject to approval by the Planning Director. (c) A free standing identification sign for a site containing five or more separate uses, not exceeding forty square feet in area. Such sign may be in addition to all other signs permitted under this Section. (d) A bulletin board, not exceeding twenty square feet in area and ten feet in height, on the site of a religious institution, provided the content of the bulletin board relates to an activity conducted at, or sponsored by, the religious institution. Such bulletin boards may be free standing. (e) An identification sign, not exceeding sixteen square feet in area, on the site of a multi -family dwelling, motel or hotel. Such sign may be free standing. Signage for the uses referred to herein shall be regulated by this subsection and not subsection (a) of this Section. (f) A nonilluminated real estate sign, not exceeding twenty-four square feet in area. The sign may be free standing, but in such event shall not exceed four feet in height. (g) Temporary construction signs, subject to the regulations prescribed in Section 15-30.130 (h) Public interest signs, subject to the regulations prescribed in Section 15-30.140 (i) Temporary political signs, subject to the regulations prescribed in Section 15-30.160 (j) Gasoline price signs, subject to the regulations prescribed in Section 15-30.170 (k) Special event signs, not exceeding ten square feet in area, may be permitted, provided such signs are posted for not more than thirty days prior to the event and are removed within two days after such event. (1) Temporary grand opening signs or banners, not exceeding twenty square feet in area, may be permitted to announce the commencement of a new business establishment. Such signs shall not be displayed more than thirty days. (Amended by Ord. 71.153 § 1, 1995) 15-30.110 - Repealed. (Ordinance 71.59, adopted March 15, 1989.) 135 15-30.120 - Temporary subdivision signs. In an A, R-1, HR, R -OS or R -M district, temporary free standing subdivision signs shall be permitted, provided they conform with the following regulations: (a) On -tract signs. One sign, not exceeding twenty-four square feet in area, advertising a subdivision, may be erected or displayed adjoining each street on which the subdivision abuts and adjoining each entrance to the subdivision. (b) Model home signs. A sign, not exceeding six square feet in area, advertising a model home, may be erected or displayed on the site of each model home in a subdivision. (c) Off -tract directional signs. Not more than two directional signs, each not exceeding eighteen inches by thirty inches in size, may be erected or displayed adjoining the intersections of streets leading to a subdivision. (d) Issuance, duration and renewal of sign permit. A sign permit for temporary subdivision signs may be issued at any time after recordation of the final subdivision map, and shall be for a term not exceeding one year. The signs shall then be removed unless, prior to the expiration of one year, renewal of the permit for a period of not more than one additional year shall be approved by the Planning Director. (Amended by Ord. 71.98 § 7, 1991; Ord. 71.113 § 6, 1992) 15-30.130 - Temporary construction signs. A temporary construction sign may be permitted in any district so long as it conforms with the following regulations: (a) The sign shall be located on the same site as the construction project. A freestanding sign may be permitted. (b) No more than one sign having an area not exceeding fifteen square feet may be erected or displayed on the site, and where the development consists of a residential subdivision where a temporary on -tract subdivision sign would be permitted, then no temporary construction sign shall be permitted. (c) The sign permit may be issued at any time on or after issuance of the building permit for the building or structure in question. The sign permit shall expire six months following the date on which such permit was issued or upon the sooner completion of construction. The sign shall be removed on expiration of the permit unless prior to expiration the sign permit is renewed on approval of the Planning Director, which renewal shall in no event be for a period in excess of an additional six months. The sign permit shall not thereafter be further renewed. 15-30.140 - Public interest signs. (a) Both on-site and off-site directional and identification signs shall be permitted in any zoning district to advertise, identify or direct persons to public and quasi -public areas, centers and institutions, and such other areas, whether natural or artificial, which, in the opinion of the Planning Commission, are points of general public interest. (b) This Section shall apply to multiple signs on a single structure advertising service clubs and the chamber of commerce, but the same shall be limited to one such sign structure adjacent to an arterial street at each entrance to the City, and the total area of the sign structure shall not exceed fifty square feet. 136 15-30.150 - Open house signs in residential districts. (a) Nonilluminated open house signs are permitted in any zoning district, subject to the following restrictions: (1) There shall be no more than one open house sign oriented in the same direction at any intersection. (2)The open house sign shall not exceed one square foot of area and four feet in height, and shall be fixed to a single pole of wood or metal material, or shall be an "A" frame, freestanding sign. (3) No open house signs shall be located in medians. (4) No open house sign shall be placed upon any public property; provided, however, where the public right-of-way extends into a parkway strip or the planted area adjacent to the curb, between the street or curb and adjacent private property, an open house sign may be placed within such parkway strip upon obtaining permission from the owner of the adjacent private property. To the extent authorized by this subsection, open house signs are an exception to the prohibition set forth in Sections 15-30.030(h). (5) No open house sign shall include balloons, ribbons, streamers, or other appurtenances. (6) No open house sign shall be placed upon any private property without first obtaining permission from the owner of such property. (7) An identification shall be printed upon or affixed to every open house sign indicating the name, real estate company affiliation, address and telephone number of the sign owner. (8) Each real estate company shall apply and receive approval for an annual encroachment permit from the City Engineer. The encroachment permit shall be valid for one year and shall be renewed annually. The encroachment permit shall be valid only for employees, independents or affiliate members of the real estate company. (9) The open house sign shall be removed each day after the closing of the open house for that day, and no later than 6:00 P.M., November 1st through March 31st; and 8:00 P.M., April 1st through October 31st. (b) If any open house sign is found to violate any of the restrictions contained in this Section, then notwithstanding the provisions of Section 15-30.200, such sign may be summarily removed by the Maintenance Director or his representative, or any Community Service Office, or any other City employee authorized by the City Manager to remove such sign. The sign owner shall be responsible for payment of a fine in the amount of fifty dollars for each sign so removed. In cases where a duly authorized representative of the City has direct contact with the violator of these provisions, this person shall be responsible for the payment of the aforementioned fines. A written notice of the removal shall be given to the sign owner stating that the sign may be reclaimed within ten days and will be returned to the owner upon payment of the fine specified herein, except that no such notice shall be required if the owner is not identified on the sign. In the event the sign is not reclaimed within the time allowed to do so, the sign may be destroyed or otherwise disposed of by the Maintenance Director. Unclaimed signs may be sold to real estate companies, their employees, independents, or affiliates, at a price determined by the Planning Director. (Amended by Ord. 71.95 § 1, 1991; Ord. 71-152 § 2, 1995) 137 15-30.160 - Temporary political signs. (a) Sign restrictions. A temporary political sign may be erected only in accordance with the following restrictions: (1) No temporary political sign may be illuminated in any manner other than by previously existing lighting sources normally used for illumination of the area where the sign is erected. (2) No temporary political sign may be affixed to any pole or wire appurtenance thereof on which is affixed any traffic sign, traffic signal, street sign, parking sign or other traffic control device installed by any public agency for public information purposes, nor may any temporary political sign be erected in a manner or place that will obstruct normal visibility of such traffic signs, traffic signals, street signs, parking signs or other traffic control devices. (3) No temporary political sign may be erected upon or affixed to any sidewalk, crosswalk, police or fire alarm system, hydrant, or any public building or other public structure. (4) No temporary political sign may be erected within or upon the right-of-way of any public highway or public street. (5) No temporary political sign may exceed an area of five square feet. (6) No temporary political sign may be erected having bracing or backing material thicker than one-half inch, except for support posts firmly planted in the ground. (b) Removal. A temporary political sign shall be completely removed not later than five days after the date of the election to which it relates. (c) Any person intending to install temporary political signs or any person on whose behalf such signs are to be installed, shall, at least two business days prior to such installation, file a declaration of such intent with the City Clerk. Such declaration shall contain an agreement to remove such signs within the applicable time limitation of subsection (b) of this Section and an agreement to pay any cost incurred by the City as a result of the declarant's failure to remove such signs. Upon failure of the declarant to remove such signs within such time, City shall immediately remove such signs and collect the cost of such removal from the declarant pursuant to such agreement. (d) Any person installing temporary political signs without having filed a declaration of such intent, or any person on whose behalf such signs are installed, shall remove such signs or file a declaration within thirty-six hours upon receipt of notice to remove from the City Clerk. Upon failure of such person to remove such signs, or in the event that the City Clerk is unable to determine the identity of the person who installed such signs or the identity of the person on whose behalf such signs were installed, the City Clerk shall immediately have such signs removed, and if the identity of the person who installed such signs or the identity of the person on whose behalf such signs were installed can be determined, collect the cost of such removal from such person. (e) Any cost incurred by the City in the removal of temporary political signs pursuant to this Section is declared to be a debt of the person installing such signs and a debt of the person on whose behalf such signs were installed to the City of Saratoga. (Amended by Ord. 71-117 § 1, 1992; Ord. 71-121 § 1, 1993; Ord. 71-152 § 3, 1995; Ord. 245 § 2 (Att. A) (part), 2006) 138 15-30.170 - Gasoline price signs. A single gasoline price sign, as required under Section 13531(a) of the State Business and Professions Code, shall be permitted on the site of a gasoline service station. Such sign may be free standing, if necessary to comply with the requirements of Section 13531(a) concerning visibility from the street adjacent to the site. The gasoline price sign shall comply with the following requirements: (a) The sign shall advertise not more than the three major grades of motor vehicle fuel offered for sale. (b) The numerals designating the price of motor fuel shall not exceed six inches in height. Fractions shall be considered one numeral. All other letters, figures or numerals on the sign shall not exceed two inches in height, unless otherwise approved by the Planning Commission. (c) The area of the sign shall not exceed ten square feet unless the applicant demonstrates, to the satisfaction of the Planning Commission, that a greater size is needed to contain all of the numerals, words and figures required to be shown on the sign under the applicable provisions of Section 13532 of the State Business and Professions Code. (d) The area of the sign shall be included in the sign area otherwise permitted for the site under the terms of this Article to the extent that such area exceeds the size restriction set forth in subsection (c) of this Section. 15-30.180 - Special permits from City Council. Nothing contained in this Article shall prohibit the City Council from granting a temporary special permit or otherwise permitting, on such terms as it deems proper, signs, banners or other advertising pertaining to any civic, patriotic or special event of general public interest. 15-30.190 - Prior condition for design review. Any condition or requirement for design review of any sign, as may be contained in any building site approval, use permit, variance, design review or other approval granted by City shall be construed as requiring a sign permit issued pursuant to this Article. 139 15-30.200 - Violations; removal of illegal signs on public property. (a) Each sign found to be in violation of any provision of this Article shall constitute a separate violation of this Code. (b) The Maintenance Director or his representative may remove any sign located upon or affixed to any public property in violation of the provisions of this Article, upon giving at least three days' prior written notice of such violation and intended removal to the sign owner. If the sign owner cannot be ascertained or found after reasonable effort to do so, the notice shall be posted upon the sign for a period of at least three days prior to the removal of the sign. (c) Notwithstanding subsection (b) of this Section or any other provision of this Code, the Maintenance Director or his representative may summarily abate and remove any sign located upon or affixed to any public property which constitutes an immediate and substantial hazard to the public health or safety. The Maintenance Director shall promptly thereafter give written notice of the removal to the sign owner, if such owner can be ascertained or found, stating the location of the sign and the procedure for retrieval thereof by the sign owner. (d) Any sign removed by the Maintenance Director pursuant to subsection (b) or (c) of this Section shall be retained by him for a period of at least ten days, during which the sign owner may retrieve the sign upon payment of all removal costs or an administrative fine in the amount of ten dollars, whichever is greater. Any person desiring to contest such payment may request a hearing before the City Manager, who is authorized to waive the payment if he determines that the sign did not violate any provisions of this Article. The decision of the City Manager shall be final. (e) Any sign not retrieved within the ten-day period specified in subsection (d) of this Section shall conclusively be deemed to have been abandoned by the owner thereof and may be destroyed or otherwise disposed of by the Maintenance Director. The City shall have the right to recover from the owner of such sign all removal and destruction costs. (f) The enforcement of sign regulations pursuant to this Section shall be in addition to any other rights and remedies available to the City under Chapter 3 of this Code by reason of the same violation. 140 RESOLUTION NO. 12-009 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT THE ORDINANCE AMENDING SARATOGA CITY CODE ARTICLE 15-30 CONCERNING SIGNS WHEREAS, on January 28, 2011, the Saratoga City Council directed staff to update the City's Sign Ordinance; and WHEREAS, in February 2011, staff began a public outreach campaign that included meeting with the Saratoga Chamber of Commerce and distributing a sign survey to over 500 individuals or businesses. WHEREAS, on June 23 2011, staff facilitated a public workshop, hosted by the Saratoga Chamber of Commerce, to discuss the update of the sign ordinance, present the results of the survey, and obtain feedback from the public. WHEREAS, on July 12, 2011, the City released the first draft of the proposed Sign Ordinance; and WHEREAS, between July 12, 2011 and February 7, 2012, the City held 10 public study sessions to discuss the proposed amendments to the Sign Ordinance where attendees including business representatives, citizens from various neighborhoods, and members of the Planning Commission provided feedback to City staff; and WHEREAS, in response to comments made at these public study sessions, staff modified the proposed ordinance and released another public review draft at each of the subsequent study sessions. WHEREAS, on March 1, 2012, City Staff sent out a summary table of relevant proposed changes to the Sign Ordinance to over 400 individuals and businesses, providing information on the date, time, and location of the March 14th 2012 Public Hearing; and WHEREAS, the amendment is exempt under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment; and WHEREAS, on March 14, 2012, the Planning Commission held a duly noticed public hearing on the draft ordinance, and considered evidence presented by City staff, the public, and other interested parties. All comments raised during the Public Hearing on the Project were considered by the Planning Commission. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. 141 Resolution No. 12-009 Page 2 Section 2: The Sign Ordinance is consistent with Saratoga General Plan Land Use Element Goal LU 2 which provides that the City should encourage the economic viability of Saratoga's existing commercial and office areas and their accessibility by residents, taking into account the impact on surrounding residential areas; General Plan Circulation Element Policy CI 6.6 which provides that City should enforce ordinances to prevent the use of non -conforming roadside signs on all roads and highways within the City, whether erected by private individuals or business enterprises; and the General Plan Safety Element Objective to enhance the response to emergencies in a timely, coordinated manner Section 3: The City of Saratoga Planning Commission recommends the City Council adopt the proposed amendments to the Sign Ordinance as amended by the Planning Commission on March 14 2012 (Exhibit A), subject to the findings attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 14th day of March 2012 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Douglas R. Robertson Chair, Planning Commission 142 SARATOGA CITY COUNCIL MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Proposed Fee Schedule Update for FY 2012/13 RECOMMENDED ACTION: Hold a public hearing to review recommendations for proposed fee changes, provide direction, and approve resolution amending the City's Fee Schedule effective for Fiscal Year 2012/13. BACKGROUND INFORMATION: Each year, the City Council holds a public hearing to review recommendations and provide the community an opportunity for input on proposed changes to the City's Fee Schedule per California Government Code Section 66018: Prior to adopting an ordinance, resolution, or other legislative enactment adopting a new fee or approving an increase in an existing fee to which this section applies, a local agency shall hold a public hearing, at which oral or written presentations can be made, as part of a regularly scheduled meeting. After holding the public hearing the Council will consider adopting a resolution which approves fee changes to be incorporated into the FY 2012/13 Fee Schedule. Upon Council approval of fee changes and adoption of the "Resolution of the City Council of the City of Saratoga Establishing a Schedule of Fees", staff will publish the updated Fee Schedule to be effective July 1, 2012. In preparation for the public hearing, staff reviews current fees and identifies new or amended services for which fee schedule adjustment recommendations will be brought forth to the Council. Proposed fee updates are based on the actual cost to provide a service or use, with consideration given to align the City's fees with market rates and comparable services and rentals in other cities. With the passage of Proposition 26 in November, 2010, new fees must fall under one of seven exemptions to ensure the new charges fall within the definition of a legitimate fee rather than a tax. These exceptions include: 1. The Special Benefit or Privilege Exception — fees which provides a special benefit or directly grants the person paying the fee some privilege. Examples include planning and noise permits. 2. The Government Service or Product Exception — fees imposed for a specific service or product provided to the person paying the fee. Examples include development review and building plan check services, and recreation camps and classes. 3. The Licenses and Permits Exceptions — fees imposed for issuing licenses and permits, and the costs of administering enforcement of licenses and permits. Examples include health and safety permits, background checks, and regulated businesses. 143 4. The Local Government Property Exception - fees charged for the use of/entry to local government property. Examples include facility rentals, equipment rental fees, and park fees. 5. The Fines and Penalties Exception — fines and penalties imposed for violation of the law are not taxes. Examples include parking fines, code enforcement fines, and late penalties. 6. The Property Development Exception — fees imposed as a condition of property development is not a tax. Examples are development impact fees, grading permit fees, and development mitigation fees. 7. The Proposition 218 Exception — property assessment and property -related fees that are already subject to the approval requirements of Proposition 218. Examples include water and sewer rates and special district assessments. This year's fee schedule update was reviewed to ensure new fees comply with Proposition 26, and fall under one of the above exceptions. REPORT SUMMARY: Fee schedule proposals brought to Council for review and consideration this year includes proposals to amend a number of facility rental fees, change park rental fees from daily to hourly rates and include discounts, add several administrative and development and code enforcement fees, and request direction on two miscellaneous items. A summary list of the proposed fee schedule amendments are: Rental Fees • Eliminate the non-refundable $35 Facility Rental Processing Fee and absorb the processing costs into the rental rates, and into alignment with comparable facilities rental rates in neighboring cities. • Change the park rental structure from daily rentals to hourly rentals, and offer resident and non- profit discounts to be consistent with facility rentals, and to allow for lower cost rental options and multiple rentals per day. • Establish a $10 Key Card Replacement Fee for reimbursement of keycards not returned to the City after facility rentals. • Document Vertical Banner Fee approved by Council, contingent upon streetlight pole availability. Administrative Fees • Include the $25 Council Candidate Filing Fee and the actual cost reimbursement for a candidate's election pamphlet statement as a Council Candidate Statement Fee in the fee schedule for better documentation. Both fees are already collected as provided under State law as optional election costs. • Establish a new County Recording Service Fee to reimburse the City for staff time and costs associated with recording private party documents. Development and Code Enforcement Fees • Document the Technical Review Notification Sign Fee which reimburses the City for the cost of the notification sign applicants are now required to post (per City Council direction) pursuant to a Technical Review development approval. • Establish a Notice of Code Violation Appeal Hearing Fee to compensate the City (in part) for staff time and costs associated with code violations and to deter frivolous appeal requests, similar to the Planning and City Council appeal fees. • Establish a Removal of Notice of Code Violation Fee to compensate the City (in part) for staff time and costs, and to provide staff with some economic leverage to persuade property owners to resolve matters prior to a violation notice. Miscellaneous • Request Council direction on whether to continue or remove the Blaney Plaza Banner Fee. 144 • Establish Electric Vehicle Charging Station usage fee to compensate the City for costs associated with private use of charging electric vehicles at City provided stations. RENTAL FEES The City establishes fees for private party use of its rental facilities and equipment; to both align with rental fees charged by other Cities, and to more accurately compensate the City of Saratoga for the construction and maintenance of community assets. Recreation and Facility Department staff survey neighboring city facilities and parks each year, in addition to staying current with trends and other rental rates and practices. This year's review (which includes Campbell, Cupertino, Los Gatos, Los Altos, Mountain View, and Sunnyvale), brought to staff's attention a number of alternative practices for which staff is recommending changes be made to the current rental fee schedule, as identified by the following categories: General Rental Fee Practices: Processing fees — Per the survey, Saratoga has a non-refundable processing fee of $35, Mountain View has a $15 application fee, and Campbell has a $25 processing fee. Sunnyvale, Morgan Hill, Los Gatos, Los Altos and Cupertino incorporate direct administrative rental expenses into their hourly rates. Staff recommends Saratoga also incorporate the facility reservation processing fee into the hourly rental fee to better align the City's rental fees with the other cities and not appear to have `extra' charges. Rental Fees - Staff confirmed that other city's rental fees are based on hourly rates, whereas Saratoga has a mix of both hourly and daily rates. In coordination with the proposed elimination of the $35 Processing Fee from the City's fee schedule, staff is proposing converting almost all rentals to hourly rates, with a slight increase to absorb the processing fee within the hourly rate structure. With the resident and non- profit discounts and the elimination of the processing fee, the rental fee restructuring will have minimal impact on local renters, and will provide savings in the 1-3 hour rentals. The following chart provides an example of the fiscal impact for the typical 4 hour rental (with resident's discount) at three different facilities under the proposed fee structure change: 10% Processing Rental Hourly Total Resident Rental Fee Hours Fee Rental Discount Fee Community Center - Multi Purpose Room Current Fees 35.00 4 120.00 515.00 (48.00) 467.00 Proposed Fees 4 135.00 540.00 (54.00) 486.00 Net Increase 19.00 Saratoga Prospect Center - Friendship Hall Current Fees Proposed Fees Net Increase Wildwood Park - Picnic Rental Current Fee (daily rate) Proposed Fee (hourly rate) 35.00 4 150.00 635.00 (60.00) 575.00 4 165.00 660.00 (66.00) 594.00 19.00 45.00 45.00 4 15.00 60.00 (6.00) 54.00 Re ckfn1lii Ies - Facility Rental Discounts, Rental Payment Requirements, Security Deposit9; Of4nd Cancellation Fee Policies are all recommended to remain the same. 145 Key Card Replacement ($10 each) — This is a NEW fee to provide for a charge to renters that lose or fail to return the activated security key card issued to them. The fee accounts for the cost of the lost card and staff time to delete the lost key card from the security system. Standard Rental Fees Non -Refundable Processing Fee Key Card Replacement Fee $35 Eliminate $10 New Banquet/Multipurpose Room Comparison Factors: Rental Facilities - Campbell, Sunnyvale, Cupertino, Mountain View, and Los Altos all have banquet facilities similar in size and dimension to the Joan Pisani Community Center Multipurpose Room and Friendship Hall (rooms or halls that accommodate 150 to 200 people for dining and banquet style events). Prices and policies of these two venues were closely compared as they are the most revenue -generating of all the facilities made available by the City of Saratoga. Rental Fees - Campbell rates range from $140 to $165 per hour. Mountain View rates are in the $177 to $191 per hour range; Sunnyvale from $175 to $300 per hour; and Los Altos rates from $161 to $225 per hour. Cupertino facilities rental rates range from$170 to $280 per hour. Security/Cleaning deposits — The City's security deposits of $300 and $500 are similar to our neighboring cities, whose deposits ranged from $250 to $500. Cupertino's deposits were the highest with a $750 security deposit for nonresident business clients. Staff recommends maintaining the established security deposits as they have been sufficient to cover any damages incurred to date. Alcohol Policy - All cities polled did not allow alcohol at any event in honor of a minor. All cities require security staff and liability insurance with Cupertino again out of range with a policy that restricted alcohol to only wine/beer/champagne. Cupertino also has their own security staff, for which they pass the expense on to the renter at a rate of $25 per hour. Saratoga's alcohol policy, while very renter friendly, is still strict enough to protect liability exposure, and history demonstrates that the rentals continue to operate with little or no problem. Hours of Operation - Sunnyvale has a 4 hour minimum rental rule. Mountain View and Sunnyvale have peak and off-peak hours of usage. Off-peak is Monday through Thursday & Friday until 6 pm. Peak hours begin Friday at 6 pm through Sunday at midnight. The Saratoga Prospect Center's 11 pm dismissal time continues to defer some rental opportunities Miscellaneous Fees - Campbell charges an additional fee when usage extends beyond the approved reserved time at a rate of 1 1/2 times the normal rental rate and 2 times the normal rental rate when the time extends beyond 12 midnight. 146 Current Fees Proposed Fees Change 7 Proposed Fee Recommendations for Facilities: Civic Theater —Aside from the $2 ticket surcharge for each ticket sold, there are currently five rental categories for Theater use. After consulting with the two primary Theater user groups, staff is proposing to consolidate non-performance theater rental fees as the rental still requires exclusive use by the group, regardless of the reason. The Informal Rehearsal and Technical and Staging fees would be eliminated, and the Move In/Move Out fee would be increased to be consistent with the Rehearsal Fee. The $350 per day fee for Performances, and $500 Security Deposit would remain unchanged. Proposed rate changes are as shown below: Civic Theater Fees Surcharge Rehearsals Informal Rehearsals Performances Move In/Move Out Technical and Staging Security Deposit $2 per ticket i $2 per ticket $150 per day $150 per day $75 per day Eliminate $350 per day $350 per day $75 per day $100 per day $150 per day Increase Eliminate $500 $500 Using last year's rental data, the proposed changes would result in an annual rental revenue increase of $2,100 based on 28 days of a $75 increase in the move in/out and informal rehearsal fees: Rental Category Rental Days Current Fee Revenue Rental Days Proposed Fee Revenue Rehearsals 89 150 13,350 105 150 15,750 Informal Rehearsals 16 75 1,200 - - - Performances 72 350 25,200 72 350 25,200 Move In/Move Out 12 75 900 12 150 1,800 Technical and Staging - 100 - - - Total Revenue 189 40,650 189 I 42,7-50 Net Increase While acknowledging the City of Campbell's Heritage Theater is a very nice recently remodeled facility, for fee comparison purposes it helps to know Saratoga's rates are less than half of Campbell's rates, which are: $750 per day ($475 per rehearsal) plus a variety of ancillary fees such as in-house Union production staff (lights and sound) and janitorial. Campbell also charges a $2 per ticket surcharge. Joan Pisani Community Center — In coordination with the proposed elimination of the processing fee, staff recommends increasing hourly room rates as shown in the following chart. Again, as pointed out in the summary, in some rentals the total fee charges will be less as a result of the processing fee elimination. For example, the Garden Patio rented at $225 per day plus the $35 processing fee totaled $260 for a rental ($237.50 with resident discount), whereas a 4 hour rental would now cost $240 ($216 with a resident discount). 147 Current Fees Proposed Fees d Community Center Facilities Current Fees Proposed Fees Non -Refundable Processing Fee $35 Change a Eliminate Multipurpose Room w/ Kitchen Senior Center Room w/ Kitchen Patio Room Arts & Crafts Room Dance Studio Garden Patio Recreation Portable Security Deposit $120 per hour 1 $135 per hour $110 per hour $125 per hour $55 per hour $60 per hour $50 per hour 1 $60 per hour $50 per hour 1 $60 per hour $225 per day $60 per hour $55 per hour $60 per hour $300 1 $300 Change/Increase Change/Increase Change/Increase Change/Increase Change/Increase Change/Increase Change/Increase Saratoga Prospect Center — In coordination with the proposed elimination of the processing fee, staff is proposing increasing hourly room rates as follows: the Grace Building Large Room from $100 to $115 per hour; the Conference Room from $40 to $55 per hour; and the Friendship Hall from $150 to $165 per hour. Of the area cities surveyed, the average rental fee for a comparable facility was $217 per hour. Staff recommends the $300 and $500 Security Deposits remain the same. Saratoga Prospect Center Non -Refundable Processing Fee rGrace Building f Large Room w/Kitchenette Conference Room Security Deposit r Friendship Hall r Large Room with Kitchen Facilities Security Deposit Current Fees Proposed Fees Change $35 1 Eliminate r $100 per hour $115 per hour Change/Increase $40 per hour $55 per hour Change/Increase $300 $300 $150 per hour $165 per hour Change/Increase $500 I $500 Warner Hutton House and Garden — In coordination with the proposed elimination of the processing fee, staff is proposing increasing hourly room rates from $130 to $140 per hour. The $300 Security Deposit remains the same. Of the area cities surveyed, the average rental fee for a comparable facility was $161 per hour. Warner Hutton House & Garden Non -Refundable Processing Fee $35 Change Eliminate 1 House & Garden Security Deposit $130 per hour $140 per hour Change/Increase $300 I $300 148 Proposed Fee Recommendations for Parks: Picnic Area and Amenities Rentals - In coordination with the proposed elimination of the processing fee, staff is proposing revising picnic area rentals from the current daily rate to an hourly rate of $15 in conjunction with establishing Resident and Non -Profit discounts. Security Deposits are not required for park rentals. Picnic Area Rentals Current Fees A. Proposed Fees Change 1 Non -Refundable Processing Fee rAzule Park rCongress Springs Park El Quito Park (Small & Large) Gardiner Park 1 Kevin Moran Park rWildwood Park $35 Eliminate $35 per day $15 per hour Change $45 per day $15 per hour Change $35/$45 per day $15 per hour Change $35 per day $15 per hour Change $35 per day $15 per hour Change $45 per day 1 $15 per hour Change Staff also recommends aligning park amenity rentals with picnic area rentals, with most fees set at $15 per hour, again in coordination with eliminating the processing fee. Park Amenities Current Fees Proposed Fees Change 1 Non -Refundable Processing Fee Wildwood Stage [-Tennis Court Horseshoe Pit rVolleyball Court Bocce Ball Court Petanque Court Softball Diamond $35 Eliminate $50/60 per day $30 per hour Change $10/25 per hour r $5/15 per hour $30 per hour $15 per hour Change Change $10/15 per hour $15 per hour Change $10/15 per hour $15 per hour Change $10/15 per hour $15 per hour Change $25/40 per hour $30 per hour Change Exclusive Park Rentals - For exclusive park use, staff recommends a $100 per hour fee, again with the elimination of the processing fee and discounts (10% Resident discount or a 50% Non -Profit discount with proof of non-profit status). Exclusive rentals would be available for both Non -Profit Fundraising events, and large private event parties. Park Attendant Fee - A Park Attendant would be required for rentals with more than one hundred (100) persons in attendance or if vehicle access is required. Previously a park attendant was required if more than 150 persons were in attendance. The fee is recommended to remain at $200. Park Fees - Other Current Fees A, Proposed Fee Change Exclusive Park Rental Park Attendant Fee $100 per hour NEW $200' $200 149 Proposed Fee Recommendations for Other Rentals: Community Garden Plot Rental Fee — By incorporating the $35 Processing Fee into the annual rental fee, the total garden plot rental fee will remain the same at $85 ($35+$50), with a discounted rate for Seniors 55 and older at $60 ($25+$35) per year. Currently all garden plots are leased under the Senior Discount rate. The $150 Annual Water Fee is proposed to increase by $15 per year to offset water rate increases. Garden fees were last raised in FY 2008/09. Community Garden Plot Current Fees Proposed Fees Change PNon-Refundable Processing Fee Annual Plot Rental Annual Plot Rental — Seniors (55+) Annual Water Fee $35/$25 Seniors Eliminate $50 $85 r Change $35 $60 Change $150 1 $165 1 Increase Vertical Banner Fee — Per City Council direction provided at the April 4, 2012 Council Meeting, a NEW Vertical Banner Fee of $200 was established for a two week rental period on designated streetlight poles in the City's downtown village area. To ensure proper care is taken in hanging the banners on the streetlight poles, a NEW refundable $500 security deposit was approved, to be refunded upon timely removal of the banners after completion, and without damage to the poles and brackets. The Vertical Banner Fee is contingent upon the City obtaining ownership of the Village streetlight poles from PG&E, and the installation of banner brackets on the streetlight poles. Vertical Banner Fees Current Fees Registration Fee (2 week rental) [—Security Deposit Proposed Fees r Change $200 r New $500 New ADMINISTRATIVE FEES Two election reimbursement fees standardly charged to City Council candidates are described below, and are now included in the fee schedule for documentation purposes. The third administrative fee described below is a recommendation to establish a fee to compensate the City for costs related to services which benefit applicants/property owners. Council Candidate Filing Fee —Per State election law, the City is allowed to and has a past practice of, charging a $25 Filing Fee to each person submitting papers to run for a seat on the City Council. This fee helps to pay for the cost of a thick binder full of City documents and election information provided to each candidate as is required. Council Candidate Statement Fee - Additionally, the City passes through to each candidate the cost of the 400 word candidate statement included in the City's election pamphlet. Each candidate is required to submit a deposit as determined by the County (approximately $3,000). After the County determines the final cost of the statement, the candidates are refunded or charged for the difference. If a candidate chooses not to put a statement into the pamphlet, they are not charged and the entire deposit is refunded. County Recording Service Fee — On occasion, City staff file documents with the Santa Clara County Recorder's Office which are authorized or required by California law to be recorded. This includes City 150 documents as well as private documents, most often concerning property conditions and restrictions. Examples of recorded documents which are related to applicants or property owners include: Subdivision Applications; Pre -annexation Agreements; Subdivision Improvement Agreements and any subsequent amendments to these agreements; Drainage Maintenance Covenants; Mills Act Historic Property Agreements; Notices of Completion; and Code Violation filings and removals. While staff and legal counsel time spent for the preparation and review of these documents are factored into the scheduled fees, staff has not charged a fee for the time spent to file these documents with the County, or in some cases, even for the Filing Fees the County charges. To file these documents, staff spends a minimum of 1 hour of travel and submittal time plus the applicable filing fees. Staff is recommending establishing a NEW $150 County Recording Service Fee to compensate the City for staff time, vehicle use, and filing fees, when applicable for the recording of documents for private benefit purposes. Administrative Fees Current Fees Proposed Fees Council Candidate Filing Fee $25 [Council Candidate Statement Fee Actual Cost $25 Actual Cost Change 1 r [-County Recording Service Fee $150 New/Increase DEVELOPMENT AND CODE ENFORCEMENT FEES One development fee is noted below for documentation purposes, and two NEW code enforcement fees are recommended to compensate the City for staff and legal time spent on private property matters. Technical Review Sign Fee — Last year, Council directed staff to require applicants whose projects are approved under the Technical Review Application process to install project notification signs at their property for 10 days pursuant to submittal of their projects for Technical Review, prior to applying for a building permit. The City provides these neon bright pre-printed 18" x 24" signs to applicants with an additional $20 charge to reimburse the City for the cost of the sign. Staff requests this fee be added to the Fee Schedule for documentation purposes. Notice of Code Violation Appeal Hearing Fee — While Code Violation Appeal Hearings are infrequent, staff recommends establishing a fee to present an Appeal Hearing requestor with some level of responsibility for the costs involved. A Code Violation Appeal Hearing requires many, many hours of staff time and often legal counsel time, as well as the hiring of a Hearing Officer to hear the appeal. Altogether, these costs will total in the thousands of dollars, sometimes tens of thousands of dollars. Like the Planning and City Council Appeal fees, staff is recommending Council establish an Appeal Hearing fee to help deter frivolous appeals while not presenting a financial barrier or burden to a serious requestor. Staff recommends aligning the Appeal Fee with the Planning Commission Appeal Fee at $400. Removal of Notice of Code Violation Fee — Staff is requesting this fee be established to compensate the City for the many hours of staff time involved in a code violation matter for both a Notice of Code Violation and the resulting action to remove the Notice of Code Violation (County recorded actions). Again, many, many hours of staff time is spent inspecting and working with code violators both verbally and through prepared letters prior to reaching the point where a Notice of Code Violation is issued and recorded. Due to the nature of the situation, it is unlikely that a fee would be paid at the time the violation notice is issued, therefore staff is recommending delaying the Notice Fee until the process is in the completion stage, which is when the violator is requesting the Notice of Code Violation be removed. Staff recommends establishing a Removal of Notice of Code Violation Fee at $500. 151 Again, the fee amount does not fully represent the cost of the action to the City; rather it is a token amount to recapture a minor portion of cost for the violation as well as provide staff with some financial leverage to encourage violators to comply rather than incur the cost of the fee. Development and Code Enforcement Fees Technical Review Notification Sign Notice of Code Violation Appeal Hearing Fee Removal of Notice of Code Violation Fee Current Fees Proposed Fees Change $20 $20 $400 $500 New New MISCELLANEOUS ITEMS Two miscellaneous items which staff would like direction on are whether to continue the Blaney Plaza Banner Fee, and setting an Electric Vehicle Charging Station Fee. Blaney Plaza Banner Fee — The Fee Schedule currently includes a fee for week-long banner advertising at the Blaney Plaza. Due to the removal of the tree used to hang the banner, and Council direction to not go forward with installing new banner poles at the plaza, staff requests Council direction on whether to remove the Blaney Plaza Banner Fee from the Fee Schedule. Electric Vehicle Charging Station Fee — Council recently approved the installation of six electric vehicle (EV) charging stations and inquired as to whether the City was paying for the electricity to charge the vehicles. Under the EV charging station contract, the provider, Coulomb Technologies, Inc. (CTI), would manage the collection and/or processing services related to such charges if the City chooses to establish user fees. CTI is responsible for programming user rates into the stations as directed by the City, adjusting rates as directed, and for processing the user payments. CTI will collect user payments through a CTI issued ChargePassTM card or contactless credit card, and subsequently remit payment to the City on a monthly basis in the amount of the total user fees paid at all charging stations, minus fees charged by CTI. There are three direct cost factors for the electric charging stations: • Electricity costs paid directly by the City • Session authorization fee of 25¢ to 40¢, based on volume amount per month • Session processing fee of 3 to 6% of session fee, also based on the transaction volume per month The City pays about 17 cents per kWh to PG&E. While EV fuel economy data varies due to vehicle size, charging rates, and capabilities, the direct cost of charging electric power by an EV is approximately 75¢ per hour based on information from www.fueleconomv.gov. Each charging station provides one or two 7.2 kW (208/240 V @ 30 A) Level II charging ports. While EV battery information is inconsistent, the fueleconomy.com website states "fully recharging the battery pack can take 4 to 8 hours"....and "a quick charge to 80% capacity can take 30 minutes". The website also states that electric vehicles can drive about 100-200 miles before recharging, whereas other websites note driving factors such as having the heater or air conditioner on, and speed may decrease that range. For example, the range for a Nissan Leaf using the heater on a cold winter day while driving 55 mph on 152 the freeway drove for only 62 miles on a full charge. While usage will determine charging needs, it is evident that an EV may be expected to need recharging at least a couple of times per week for most users. Although charging station usage demand cannot be determined at this time, a simple estimate calculating an average of $10 of usage costs per station per day would cost the City more than $20,000 per year. If a fee is established, these costs would be funded by users instead of the Saratoga community. CTI can set the fee up as a "per hour" fee, a "session" fee, or a combination of the two. Other city's fees are currently set at $1 to $2 per hour or $2 to $4 per session. As an alternative, a session fee combined with an hourly rate may be the best option to both offset the higher cost incurred for quick charges, and to reduce unmonitored long session charging. Examples of other city's fees for their EV Charging Stations are as follows: Campbell is not charging at this time. They installed stations in early 2012 and established a grace period of 6 months. They are planning to charge $1.50 per hour after the grace period. Cupertino installed their first charger less than a month ago. There are leaning toward $1.50 per hour with the thought that $1.50 is almost cost -neutral fee to cover the cost of electricity and Coulomb fees, with a small amount coming back as revenue. San Jose has not begun charging yet, but are considering $1.50 per hour to cover electricity, CTI's processing fees, and eventually operating and maintenance. Palo Alto is not charging users at this time. They have a maintenance budget of $200 per charger per year. Staff is recommending Council consider either a flat rate fee of $1.50 (with a $1.50 minimum) to align with the rates of other nearby cities, or a mixed rate with a $1 hookup fee plus a $1 per hour charging fee (with a $2 minimum). While the flat rate is straightforward and aligns with the other cities, the mixed rate provides a direct relationship of costs with the $1 hookup fee intended to compensate the City for the CTI authorization and service processing fees of approximately 35¢ to 75¢ per charging session, with the $1 per hour charging fee to offset direct electricity costs. Either of the rates will provide a small amount of funds for direct costs, as well as staff time and ongoing costs for processing payments and to help offset EV charging station repairs, maintenance, and replacement costs; the proposed fees are not to generate a profit. A comparison of the two fees shows the difference is minor: For a 30 minute charge, the $1.50 per hour flat rate would generate $1.50, and the mixed rate charge would generate $2 dollars. For a 4 hour charge, the flat rate would generate $6, and the mixed rate $5. For 6 hours, the flat rate generates $9, and the mixed rate $7. By setting a minimum fee for EV station usage, City funds are not impacted while still encouraging the use of electric vehicles, which in turn substantially reduces petroleum consumption and greenhouse gas production, thus decreasing the City's "carbon footprint." Miscellaneous Fees Blaney Plaza Banner Fee Electric Vehicle Charging Station Current Fees $300 per week Proposed Fees r $1 Change 1 Eliminate New 153 1T -lookup Fee rElectric Vehicle Charging Station — Hourly Charging Rate $1 per hour New FISCAL IMPACTS Staff reviewed current fees and associated expenditures, and concluded that the proposed revisions to the Fee Schedule are necessary for the City to maintain its approach toward a cost recovery position. In addition to the noted increases in the fees above, the Staff Billing Rate Schedule is updated each year in conjunction with labor and benefit costs. The recommended fee increases are directly related to costs that: support related functions; reflect an assessment of the time spent providing the service; or reflect comparable rental rates. Staff maintains proper documentations to support and justify the proposed new fees. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The Council would not direct staff on revised fees as recommended for the various park and facility rental fees, and several administrative and code enforcement fees. ALTERNATIVE ACTION N/A FOLLOW UP ACTION Staff will update the current Fee Schedule for FY 2012/13, to be effective July 1St, 2012. ADVERTISING, NOTICING AND PUBLIC CONTACT April 3, 2012 — Notice of Public Hearing Published April 18, 2012 — Council to hold a Public Hearing and consider adoption of the Fee Schedule Resolution July 1, 2012 — Effective date for the FY 2012/13 Fee Schedule ATTACHMENTS 1. Proposed FY 2012/13 Fee Schedule Resolution 2. Proposed FY 2012/13 Fee Schedule 154 RESOLUTION NO.2012-0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES WHEREAS, the City Council annually adopts a resolution that establishes the fee schedule for the ensuing fiscal year, NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: Section 1: The fees set forth in the Annual Fee Schedule are hereby established pursuant to the Saratoga City Code and shall be paid to or collected by the City for each of the applications, permits, extensions, renewals, services or other matters enumerated therein. No application shall be deemed filed or complete until all required fees have been paid in full to the City. Section 2: Resolution Number 2011-029 and all amendments thereto are hereby repealed in their entirety, it being the intent of the City Council that the fee schedule adopted by this resolution shall supersede all prior schedules pertaining to the same subject matter. Section 3: This resolution shall become effective on July 1, 2012, and shall be applicable to all fees and deposits which are payable to the City from and after the effective date hereof. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 18th day of April, 2012, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Attest Crystal Morrow, City Clerk 155 Chuck Page, Mayor CITY OF SARATOGA FEE SCHEDULE - TABLE OF CONTENTS - Administrative Fees Address Processing Fee 1 Animal Control Services 1 Appeals — Public Hearings 1 Audio -Visual Equipment Security Deposit 1 Council Candidate Fees 1 Copy/Duplication Fees 1 County Recording Service Fee 1 Credit Card Convenience Fee 2 Document Storage Fees 2 False Alarm Fees 2 Late Payment Fees 2 Notary Fee 2 Notification Services 2 Postage & Mailing 3 Publication Fees 3 Recreation Activity Guide Advertising 3 Replacement Check/Reissue Fee 3 Research Fees 3 Returned Check Fees 4 Staff Time Billing Rates 5 Business License Tax & Fees Processing Fees 7 Penalty for Delinquent Payment 7 Business License Tax Contractor/Subcontractor 7 Jukebox 7 Theatrical Performance 7 Delivery Services 7 Vending Machines 7 Home Occupations 7 Handbill Distribution 7 Amusement Device 7 Commercial Photography 8 Property Leasing 8 Personal Escort Services or Bureaus 8 Non -Profit 8 All other Businesses 8 i 158 CITY OF SARATOGA FEE SCHEDULE - TABLE OF CONTENTS - Business and Code Regulation Permits Card Games 9 Fairs & Carnivals 9 Firearms 9 Massage Establishments 9 Motion Picture Filming 9 Noise Exception Permit 9 Peddlers & Solicitors Application Fee 9 Private Patrols 10 Public Dances 10 Recyclers 10 Restricted Street Usage Permit 10 Secondhand Dealers 10 Special Event Permit 10 Taxicabs 10 Valet Parking 10 Code Enforcement Abandoned Vehicle Fee 11 Administrative Citation Fee 11 Code Compliance Permits 11 Notice of Code Violation Fees 11 Sign Fees 11 Development Fees Development Permits Construction Trailer Permit 12 Satellite Dish Antenna Permit 12 Storage Permit 12 Tree Removal Permits 12 Development Fees Appeals 12 Approved Application Extension 12 General Plan Update Fees 12 Landscape Bond Acceptance Fee 12 Off Site Improvement Review 12 Request for Continuance 12 ii 159 CITY OF SARATOGA FEE SCHEDULE - TABLE OF CONTENTS - Development Fees Continued Development Services Annexation 13 City Attorney Services 13 Development Staff Services 13 General Plan Amendment Services 13 Noticing Services 13 Occupancy Inspections 13 Technical Review and Notification Sign 13 Special Reports & Studies 13 Staff Review Code Questions/Project Review 14 Traffic & Economic Studies/Other Special Report 14 Williamson Act Contract Cancellation 14 Zoning Ordinance Amendment 14 Complex Project Fee 14 Pre -Development Application Services Planning Process Orientation Class 14 Plan Submittal Orientation 14 Property Profile 14 Development Application Reviews Refund Policy 15 Conditional Use Permit 15 Design Review 15 Environmental Review 15 Fence Enclosure 15 Fence Exception 16 Generator Application Review 16 Grading Exception Application 16 Heritage Preservation 16 Lot Adjustments 16 Modification of Approved Applications 16 Sign Application 16 Sound Wall Application 16 Temporary Use Application 17 Tentative Map Subdivision Application 17 Use Permit Application 17 Variance Fee Application 17 160 CITY OF SARATOGA FEE SCHEDULE - TABLE OF CONTENTS - Arborist Services Arborist Consultant / Field Inspections 17 Arborist Review Fee 17 Tree Appeals 17 Tree Fines 17 Building Permit & Inspection Fees Building & Inspection Permits Building Permits 18 Electrical Permits 18 Grading Permit 19 Landscape Repair Permit 19 Heating & Air Conditioning Permits 19 Plumbing Permits 19 Building & Inspection Services Energy Calculation Review' 20 Other Inspection Fees 20 Building & Inspection Taxes State Building Standards Fee 20 Construction Tax 20 Additional Fees 20 Engineering Fees & Permits Engineering Fees Certificate of Compliance 21 Engineering Design & Administrative Review 21 Geotechnical Review 21 Improvement Plan Check Fee 21 Inspection Fee for Subdivision &Building Site Improvements 21 Lot Line Adjustment Engineering Fees 21 Map Checking Fees 22 Park Development Fee 22 Road Impact Fees 22 Tentative Subdivision Maps 22 Traffic Review Fees 22 iv 161 CITY OF SARATOGA FEE SCHEDULE - TABLE OF CONTENTS - Engineering Permits Encroachment Permits 23 Additional Engineering Services Fees 23 Park & Facility Rental Fees Facility Rentals Facility Rental Discounts and Refund Policy 24 Blaney Plaza Reservations 24 Civic Theater 24 Community Center 24 Saratoga Prospect Center 25 Recreation Portable 25 Warner Hutton House 25 Park Rentals Park Rental Discounts 26 Azule Park 26 Bellgrove Park 26 Beauchamps Park 26 Brookglen Park 26 Congress Springs Park 26 El Quito Park 26 Foothill Park 26 Gardiner Park 27 Heritage Orchard Park 27 Historical Park 27 Kevin Moran Park 27 Ravenswood Park 27 Wildwood Park 27 Other Rental Fees Audio/Visual Equipment Rentals 28 Banner Fees 28 Community Garden Plot Rentals 28 Park Attendant Fee 28 Miscellaneous Fees Electric Vehicle Station Usage Fees 29 v 162 CITY OF SARATOGA FEE SCHEDULE - TABLE OF CONTENTS - vi 163 CITY OF SARATOGA FEE SCHEDULE ^, ADMINISTRATIVE FEES ^ FY 2012/13 Address Processing Fee $160 Animal Control Services All fees related to animal control services are set and administered by the City of San Jose's Animal Control Services Dept. under contract between the City of Saratoga and the City of San Jose. Refer to http://www.sanjoseanimals.com for more details. Appeals — Public Hearing This fee applies to all appeals except where an appeals procedure and fee is otherwise set forth in the fee schedule. See Municipal Code Section 2-05.030 for more information. Code Violation Appeal $400 Planning Commission Appeals $400 City Council Appeals $600 Audio -Visual Equipment Security Deposit $250 Council Candidate Fees Candidate Filing Fees $25 Candidate Election/Statement Fee Actual Cost as determined by SCC Deposit amount to be determined by SCC Clerk Copy/Duplication Fees B/W copy - letter/legal size $ .20 per page Color copy — letter/legal size $ .35 per page Electronic documents — letter/legal size $ .10 per page Audio/Video Tape/DVD/CD $20 Data Duplication — digital file Actual Cost Data Duplication — using Plotter Actual Cost Data Duplication — e -file copy on CD Actual Cost Duplicate Plan Sets Actual Cost All other duplication requests Actual Cost County Recording Service Fee $150 Staff and attorney time required for review and processing of documents required to be recorded at County 1164 CITY OF SARATOGA FEE SCHEDULE Credit Card Convenience Fees Recreation & Facilities Building & Development ADMINISTRATIVE FEES ^ FY 2012/13 $2 per transaction 3% of transaction Document Storage Fees Administrative Processing Fee $150 Public Hearing Processing Fee $300 8 I/2" x 11" it 14" documents $ .75 per page 18" x 24" or larger plans $2 per page False Alarm Call Fines (Per Calendar Year) 1St False Alarm No Charge 2nd False Alarm $100 3rd False Alarm $200 Each subsequent false alarm call $100 increase from prior fine amount Late Fees General billings/accounts receivable Garbage Collection Service Late Fee Charges Lien Administrative Charge Special Assessment 1% interest accrued per month $100 $ 50 Notary Fee $ 10/per signature Notification Services Paper copy notification services are no longer available for meeting documents posted on the City's website. Requests for this notification service must be renewed each year. Requests for ongoing notification of meetings and related documents, such as: ❖ City Council and Planning Commission Agendas ❖ Public notices related to adoption or amendment of the General Plan or a Specific Plan ❖ Adoption or amendments of the Zoning Ordinance ❖ Use Permits or Variances before the Planning Commission or City Council ❖ Documents pursuant to the California Environmental Quality Act ❖ or any other meeting agendas, public notices, and/or documents that are regularly posted on the City's website for public notification and review will be provided with an internet link to the agenda/document City's website for new posting notices upon request to the City Clerk at ctclerk(a,saratoga.ca.us. 2165 CITY OF SARATOGA FEE SCHEDULE ADMINISTRATIVE FEES ^ FY 2(312/13 Postage & Mailings Actual Cost Publication Fees (documents may be available on City Website) City Code Actual Cost City Budget Comprehensive Annual Financial Report (CAFR) General Plan General Plan Map Saratoga's Heritage Book Zoning Map Zoning Ordinance Village Plan Village Designs Guidelines Parks & Trails Master Plan Standard Details Subdivision Ordinance $ 50 $ 25 $ 45 $ 15 $ 20 $ 20 $ 15 $ 7 $ 5 $ 5 $ 5 $ 5 Recreation Activity Guide Advertising Fees Non -Glossy Black & White Inside 1/8 page (business card size) $250 Inside 1/4 page, vertical 4'/2 x 3 Sig» $350 Inside 1/2 page, horizontal 7 '/2 x 4 '/2" $550 Inside 1/2 page, vertical 9 1/2 x 3 5/8" $550 Inside full page, 9 '/2 x 7 '/2" $850 Glossy Full Color Advertising Inside back cover 1/3 page 7 1/2 x 3" $550 Inside back cover 213 page 7 1/2 x 6 1/4" $1,000 Inside back cover, full page 9 1/2 x 7 '/2" $1,300 Replacement Check / Reissue Fee First Check replacement Subsequent requests No charge $ 25 Research Fee Billed at Staff Hourly Billing Rate 3166 CITY OF SARATOGA FEE SCHEDULE ~ ADMINISTRATIVE FEES — FY 2012/13 Returned Check Charge (maximum per CA Civil Code Section 1719) l st insufficient funds check occurrence Subsequent occurrences $ 25 $ 35 4167 CITY OF SARATOGA FEE SCHEDULE ^, ADMINISTRATIVE FEES ^ FY 2012/13 STAFF BILLING TIME RATES Cost recovery hourly billing rates are established for each position based on current year salary, benefits, and overhead rates. Billing rates are used to charge private parties and organizations for staff time spent on requests such as for research and administrative services, for maintenance and repair services, and to charge back staff time for insurance claim cost recovery billings. The table below lists this year's billing rates by position: Classification Title Billing Rate Accountant II Accounting Technician Administrative Analyst I Administrative Analyst II Arborist, Senior Building Inspector Building Official City Clerk Department Director Engineer, Associate Engineer, Sr. Civil Executive Assistant to the City Manager Facility Coordinator Facility Maintenance Lead Worker Facility Maintenance Supervisor Facility Maintenance Worker I Facility Maintenance Worker II Human Resources Manager IT Administrator Maintenance Lead Worker (Parks/Streets) Maintenance Specialist (Parks/Streets) Maintenance Worker I (Parks/Streets) Maintenance Worker II (Parks/Streets) Maintenance Worker III (Parks/Streets) Office Specialist II Office Specialist III Plan Check Engineer Planner I Planner II $ 92.75 $ 74.29 $ 84.18 $ 89.05 $102.30 $ 89.63 $113.76 $103.63 $153.49 $ 99.99 $113.63 $ 75.47 $ 69.52 $ 78.22 $ 90.77 $ 60.75 $ 65.38 $125.98 $ 90.50 $ 77.82 $ 73.76 $ 60.52 $ 65.11 $ 71.81 $ 60.20 $ 68.07 $ 99.99 $ 86.44 $ 95.70 5168 CITY OF SARATOGA FEE SCHEDULE ^, ADMINISTRATIVE FEES ^ FY 2012/13 Planner, Senior Public Works Manager (Parks/Streets) Recreation Supervisor Recreation Supervisor, Senior $102.30 $ 99.65 $ 84.10 $ 90.77 6169 CITY OF SARATOGA FEE SCHEDULE - BUSINESS LICENSE TAX AND FEES — FY 2012/13 BUSINESS LICENSE TAX - PROCESSING FEES (Non -Refundable, Updated Annually Based on CPI Increases) New Application Renewal of Application Address Change/Correction Duplicate Certificate Business License Listing $ 30 $ 15 $ 10 $ 10 $ 30 BUSINESS LICENSE TAX - PENALTIES FOR DELINQUENT PAYMENTS Within 30 days after due date Exceeding 30 days after due date ANNUAL BUSINESS LICENSE TAX 10% of the tax amount due Additional 10% of tax due for each month thereafter, with penalty not to exceed 100% of business license tax amount due Contractor / Subcontractor Jukebox Theatrical Performance Delivery Services Vending Machines Cost of .25¢ or less Cost of .26¢ to $1.00 Cost of .26¢ to $2.00 Cost of .26¢ to $3.00 Cost of .26¢ to over $3.00 $ 45 plus 15% Building Fee Permit $ 50 per jukebox $100 per year plus $10 / performance $100 per business $ 25 per machine $ 45 per machine $ 55 per machine $ 65 per machine $ 75 per machine Home Occupation $100 per occupation Handbill Distribution $ 25 per day Amusement Device $ 50 per devise 770 CITY OF SARATOGA FEE SCHEDULE - BUSINESS LICENSE TAX AND FEES — FY 2012/13 Commercial Photography Movies/Videos on City Property Movies/Videos not on City Property Still Photography on City Property Still Photography not on City Property Property Leasing Commercial Residential Carnival/Circus Personal Escort Services or Bureaus Non -Profit Business Non -Profit businesses are not assessed a tax, however organizations must still register with the City and renew license each year. Annual application processing fees shall be assessed. All Other Businesses $500 per day $250 per day $50 per day $25 per day $100 plus $3 per 1,000 square feet gross leasable space in excess of 500 square feet to a maximum of 40 units $100 plus $5 per unit over 4 units, to a maximum of 40 units $256 per day $500 plus $100 per employee Application processing fees $100 / business plus $10 per employee to maximum of $300 Detailed Business License Tax and Fee information is found in Chapter 4 of the City of Saratoga Municipal Code $71 CITY OF SARATOGA FEE SCHEDULE BUSINESS REGULATION PERMITS - FY 201213 BUSINESS REGULATION PERMITS Card Games Permit Application Fee $1,250 Fair & Carnivals Permit Application Fees Firearms Sellers Permit Application Fee Sellers Permit Renewal Fee Massage Establishments Permit Application Fee Permit for Managing Employee Permit for Massage Practitioner Examination Fee Background Investigation/Fingerprinting Notary Fee Appeal Hearing — Denials Appeal Hearing — Suspension/Revocations Motion Picture Filming Permit Application Fee Noise Exception Permit Permit Application Fee Peddlers & Solicitors Application Fee 1 Solicitor 2 to 5 Solicitors 6 to 10 Solicitors 11 to 20 Solicitors 21 or more Solicitors Photo ID Fee $100 $300 $150 $750 $350 $350 As set by the Examiner As set by the Sheriff $ 10 per signature $500 $1,500 $500 $ 50 New $100 $150 $250 $300 $ 350 $ 25 per badge Renewal $ 50 $ 75 $125 $150 $175 $ 25 per badge 9172 CITY OF SARATOGA FEE SCHEDULE BUSINESS REGULATION PERMITS - FY 201213 Private Patrol Permit Application Fee $ 200 Permit Renewal Fee $100 Employee Application Fee $ 50 Public Dances Permit Application Fee $1,500 Recyclers Permit Application Fee Permit Renewal Fee Restricted Street Usage Permit (Trucks > 5 tons) Single Permit Annual Permit $300 $150 $ 25 $100 Secondhand Dealers Permit Application Fee $300 Permit Renewal Fee $150 Special Event $100 Taxicabs Certificate Application Fee Valet Parking Permit Application Fee $300 $300 Detailed Business Regulation and permit application fee information is found in Chapter 4 of the City of Saratoga Municipal Code 1473 CITY OF SARATOGA FEE SCHEDULE - CODE ENFORCEMENT FEES — FY 2012/13 Abandoned Vehicle Fee Administrative Fee for Removal $250 Administrative Citation Fee First Violation Second Violation Subsequent Violations Administrative Citation Late Payment Penalty Within 30 days after due date Exceeding 30 days after due date $100 per day $200 per day for violation of the same ordinance or permit within one year from the date of first violation. $500 per day for each additional violation of the same ordinance or permit within one year from the date of first violation. 10% of the tax amount due Additional 10% of tax due for each month thereafter, with penalty not to exceed 100% of business license tax due. Code Compliance Permits Animal — Kennel Permit $125 Animal — Horse Permit $125 Noise Exception Permit $ 50 Off -Street Vehicle Permit $125 Special Event Permit $100 Notice of Code Violation Appeal Hearing for Notice of Code Violation Removal of Notice of Code Violation Sign Fees Sign Retrieval Fee Real Estate Open House Sign Permit $400 $500 $ 20 per sign $ 50 per sign 14174 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES — FY 2012/13 California Government Code §66014 states "(a) Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits...those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged." For more details, go to http://www.leginfo. ca. gov DEVELOPMENT PERMITS Construction Trailer Permit Satellite Dish Antenna Permit Storage Permit Tree Removal Permit Tree Removal Permit After -the -Fact Tree Removal Permit (Tree Removal Permit + 2 hours staff time) DEVELOPMENT FEES $100 $100 $200 $125 $365 Appeals From Administrative Decision to Planning $400 Commission per City Code Section 15-90.010 From Planning Commission to City Council per City $600 Code Section 15-90.020 Application Extension Fee $2,500 General Plan Update Fee .285% of project valuation at the time the permit is issued. Landscape Bond Acceptance Fee $500 Offsite Improvement Review Administrative Fee $500 Request for Continuance First Request No Charge Second and subsequent requests $250 1475 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES - FY 2012/13 DEVELOPMENT SERVICES Annexation Annexation Request $5,000 deposit — staff time billed at CDD Service Rate plus LAFCO expenses Waiver Request City Attorney Services Billed at the hourly rate set per the City Attorney's annual contract CDD Service Rate Community Development Department's hourly billing rate for applications requiring deposits General Plan Amendment Services Application for election to amend the General Plan General Plan Amendment $3,500 initial deposit — staff time billed at CDD Service Rate General Plan Amendment Requiring Election $3,500 initial deposit — staff time billed at CDD Service Rate plus costs of election as determined by the City Clerk Actual Cost $500 Actual Cost $120 per hour Actual Cost charged by consultant plus 35% surcharge Actual Cost Actual Cost Noticing Services Actual Cost charged by consultant plus 35% surcharge Occupancy Inspections $165 Technical Review Technical Review Application Project Notification Sign $500 $ 20 Special Reports and Studies Actual Cost charged by consultant plus 35% surcharge 1 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES - FY 2012/13 Staff Review Code Questions/Project Review $100 Traffic and Economic Studies/Other Special Reviews Actual Cost charged by consultant plus 35% surcharge Williamson Act Contract Application or Contract Cancellation $5,000 initial deposit — staff time billed at CDD Service Rate Zoning Ordinance Amendment $3,500 initial deposit — staff time billed at CDD Service Rate Actual Cost Actual Cost Complex Project Fee If the application processing cost of a project is determined to significantly exceed the established flat fee, the Community Development Director may convert project flat fees into an hourly rate in order to recover the City's actual cost. PRE -DEVELOPMENT APPLICATION SERVICES Planning Process Orientation Class $500 per 1 hour class Plan Submittal Orientation Actual Cost Staff time billed at CDD Service Rate Property Profile Verbal Written $ 25 $100 1477 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES - FY 2012/13 DEVELOPMENT APPLICATION REVIEWS Refund Policy Development Application Review Fees are charged at either a flat rate fee, or a deposit is required which is then charged at hourly CDD Service Rate or consultant rates plus costs and/or surcharges, as described in fees below. If an applicant decides to cancel a project within the first 30 days, a flat fee is reimbursed at 50% of the fee - only if a minimal amount of work was completed prior to the request for cancellation of application. If an applicant cancels a deposit -funded application, any remaining uncharged deposit amount is refunded. All deposits are non-interest bearing. Conditional Use Permit Administrative Review Planning Commission Review Design Application Review Administrative Review Planning Commission Review Environmental Application Review Department of Fish & Game EIR Fee per AB 3158 Department of Fish & Game Negative Declaration Fee Environmental Assessment Fee $1,500 initial deposit — staff time billed at CDD Service Rate Mitigated Negative Declaration Fee Environmental Impact Report Administrative Fee Initial deposit required — as determined by CDD Director Monitoring of Mitigation Measures Fence Enclosure — Application & Permit Planning Commission Review $3,400 $4,400 $3,400 $5,200 Actual cost by the Dept. of Fish & Game plus a 35% surcharge Actual cost by the Dept. of Fish & Game plus a 35% surcharge Actual Cost Actual cost charged by consultant plus a 35% surcharge Actual cost charged by consultant plus a 35% surcharge As specified in project approval or agreement with developer $1,800 178 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES - FY 2012/13 Fence Exception — Application & Permit Planning Commission Review Generator Application & Review Grading Exception Application & Permit Heritage Preservation Application & Reviews Mills Act Application $1,500 initial deposit — staff time billed at CDD Service Rate Historic Compliance Review Application for Designation Permit Application Fee Appeal Fee Lot Adjustment — Application Review Application for Lot Line Adjustment Application for Merger of Parcel Application for Reversion to Acreage * Additional Engineering Fees are charged $1,800 $1,800 $1,800 Actual Cost $240 No Charge No Charge No Charge $1,500 $1,500 $1,500 for City Engineer conjunction with Development Application Reviews Modification of Approved Application Review Sign — Application Review Administrative Review Planning Commission Review Site Coverage Exception Application Planning Commission Review $2,500 $300 $1,800 $1,800 Sound Wall Application Review $1,000 and Surveyor work in 1479 CITY OF SARATOGA FEE SCHEDULE — DEVELOPMENT FEES — FY 2012/13 Temporary Use Application Review Administrative Review Planning Commission Review Tentative Map Subdivision — Application Review Staff time billed at CDD Service Rate, plus costs if applicable Less Than 10 lots ($5,000 initial deposit) 10 or more lots ($5,000 initial deposit plus $150 for each lot over 10) Subdivision Final Map ($1,000 initial deposit) Variance — Application Review ARBORIST SERVICES $425 $2,600 Actual Cost Actual Cost Actual Cost $2,700 Arborist Consultant Services/Field Inspections Actual Cost Staff time billed at CDD Service Rate plus costs if applicable Arborist Review Fee Staff time charged at CDD Service Rate 1 — 10 trees 11 — 20 trees 20 — 50 trees 50 or more trees (Initial deposit of $2,500) (Initial deposit of $3,500) (Initial deposit of $4,500) (Initial deposit of $5,500) Arborist Review - Tree Appeal Tree Fines — Illegal pruning encroachment, damage, or removal Actual Cost Actual Cost Actual Cost Actual Cost $500 Per code section 15-50.170 — Fine amount to be determined by Arborist ALL DEPOSITS ARE NON-INTEREST BEARING 1'80 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES - FY 2012/13 BUILDING & INSPECTION PERMITS Building Permits (Based on Total Valuation) $1 to $2,000 $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1,000,000 $1,000,001 and up Plan Check Fee Electrical Permits Single Family Dwelling Commercial/Professional Institutions, Multiple Residential Additions of more than 1,000 square feet Additions of less than 1,000 square feet Remodels, Residential Remodels, Commercial Swimming Pools, Spas, Hot Tubs with Pump/Heater Miscellaneous Structures Misc Permits without Associated Building Permit Plan Check Fee $78 minimum $78 for the first $2,000 plus $17.50 each additional $1,000 or fraction thereof to and including $25,000 $490 for the first $25,000 plus $12.60 each additional $1,000 or fraction thereof to and including $50,000 $805 for the first $50,000 plus $9.80 each additional $1,000 or fraction thereof to and including $100,000 $1,242 for the first $100,000 plus $7 each additional $1,000 or fraction thereof to and including $500,000 $4,042 for the first $500,000 plus $5.90 each additional $1,000 or fraction thereof to and including $1,00,000 $7,010 for the first $1,000,000 plus $4.56 each additional $1,000 or fraction thereof 65% of the building permit fee $ .10/square foot (min $78) $ .10/square foot (min $78) $ .10/square foot (min $78) $ .10/square foot (min $78) $ 78 $ 78 $ 78 $ 78 $ 78 $ 78 25% of the building permit fee 1$81 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES - FY 2012/13 Grading Permits Less than 100 Cubic Yards Over 100 Cubic Yards Plan Check Fee Landscape Repair Permit Heating and Air Conditioning Permits New single family dwelling Commercial / Professional Institutions, Multiple Residential Additions Less than 2,500 square feet More than 2,500 square feet Remodels, Residential — no added square feet Remodels, Commercial Miscellaneous Structures Miscellaneous permits w/o associated building permit Plan Check Fee Plumbing Permits Water Heater Replacement New Single Family Dwelling Commercial/Professional Institutions, Multiple Residential Additions of Less than 1,000 square feet Additions of More than 1,000 square feet Remodels, Residential — No added square feet Remodels, Commercial Swimming Pools, Spas, Hot Tubs with Pump/Heater Miscellaneous Structures Miscellaneous permits w/o associated building permit Plan Check Fee $500 $500 for the first 100 cubic yards plus $125 for each additional 100 cubic yards or fractions thereof $530 At discretion of the Building Official $ .10/square foot (min $78) $ .10/square foot (min $78) $ .10/square foot (min $78) $ 78 $ .10/square foot $ .10/square foot (min $78) $ .10/square foot (min $78) $ 78 $ 78 25% of the building permit fee $ 78 $ .10/square foot (min $78) $ .10/square foot (min $78) $ .10/square foot (min $78) $ 78 $ .10/square foot $ 78 $ 78 $ 78 $ 78 $ 78 25% of the building permit fee 1/82 CITY OF SARATOGA FEE SCHEDULE - DEVELOPMENT FEES - FY 2012/13 BUILDING & INSPECTION SERVICES Energy Calculation Review Addition to Residential Building New Residential Structure Addition to Non -Residential Building New Non -Residential Structure Application for Moving Permits Other Inspection Fees Inspection Outside of Normal Business Hours Re -Inspection Fees Assessed Under Section 305(h) of the Uniform Administrative Code Inspections for which no fee is specifically indicated Stockpiling Permit BUILDING & INSPECTION FEES & TAX $200 $300 per unit $300 $475 $100 $80/hour minimum 1 hour $80 /hour $80/hour - minimum 1 hour $300 State Building Standards Fee Construction Tax ADDITIONAL FEES State Assessment of $4 per $100,000 in building valuation (min fee of $1) $1.00 per square foot of floor area of any building or structure $ .40 per square foot of the area of any mobile home lot In the event additional application processing services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Community Development Director. ALL DEPOSITS ARE NON-INTEREST BEARING 2883 CITY OF SARATOGA FEE SCHEDULE - ENGINEERING FEES — FY 2012/13 ENGINEERING FEES Certificate of Compliance Administrative Fee Deposit $500 for engineering staff work, plus actual cost charged by the City's Surveyor, plus a 25% surcharge $2,500 Engineering Design & Administrative Review $1,000 per application for Engineering staff work Geotechnical Review Administrative Fee Deposit Improvement Plan Check Service Fee $850 for engineering staff work, plus actual cost charged by the City's Surveyor, plus a 25% surcharge $3,500 ($2,500 for S zoned areas) for the first lot plus $500 each additional lot up to a maximum of $10,000 or a greater amount as determined by the Public Works Director First $50,000 Estimated Construction Cost $5,000 minimum charge Over $50,000 Estimated Construction Cost $5,000 plus 5% of Estimated Construction Cost over $50,000 The Estimated Construction Cost shall be determined by the Public Works Director and shall be exclusive of the cost to construct public utility facilities where another public utility agency is collecting similar fees for such facilities Inspection Fees Two times the Improvement Plan For Subdivisions & Building Site Improvements Lot Line Adjustment Engineering Fees Administrative Fee Deposit Check Fee $500 for first lot plus $100 for each additional lot for engineering staff work, plus actual cost charged by the City's Surveyor, plus 25% surcharge $2500 for first lot plus $500 for each additional lot 2i 84 CITY OF SARATOGA FEE SCHEDULE - ENGINEERING FEES — FY 2012/13 Map Checking Fees For Parcel Maps, Reversion to Acreage, Amended Maps Administrative Fee Deposit Park Development Fee $1,000 for first lot plus $500 for each additional lot for engineering staff work, plus actual cost charged by the City's Surveyor, plus 25% surcharge $2,500 for the first lot plus $500 for each additional lot $20,700 (Formula = 1990 Census 2.76 per household * 5 acres/1, 000 residents * $1,500,000 per acre) Road Impact Fees $ .77 per $100 of project valuation Tentative Subdivision Map $2,500 for the first lot and $500 for each additional lot Traffic Review Fee Administrative Fee Deposit $500 review fee plus actual cost charged by the City Traffic Engineer plus 25% surcharge $2,500 for standard projects, or greater amount for complex projects as determined by the Public Works Director 2485 CITY OF SARATOGA FEE SCHEDULE - ENGINEERING FEES — FY 2012/13 ENGINEERING PERMITS Encroachment Permits Permit Application Fee Major repairs or Capital Improvements by Utility Agencies ADDITIONAL ENGINEERING SERVICE FEES $500 - for pipes, drains, conduits, utility service connections, routine O&M work by utility agencies, and permanent encroachments $2,500 plus 1.5% of estimated project valuation In the event of map check, plan checking or inspection services by the City are required by reasons of changes, modifications, additions, errors, omissions, or discrepancies occasioned by the applicant or his/her agents or representatives, the applicant shall pay an additional fee equal to the actual cost to the City of performing the additional services, as determined by the Public Works Director. ALL DEPOSITS ARE NON-INTEREST BEARING 2i 86 CITY OF SARATOGA FEE SCHEDULE - PARK & FACILITY RENTAL FEES - FY 2012/13 FACILITY RENTALS Facility Rental Discounts (one discount allowed per rental) Non -Profit Groups receive 50% discount Residents receive a 10% discount Facility Rental Refund Policy Security Deposits — paid at time of reservation and are refunded within one month after event. » If there are additional charges due to damage to the building or contents, overtime or maintenance charges, deductions will be made from the deposit and the balance refunded. » If the deposit does not cover the charges, applicant will be responsible for additional fees. » If the clean-up is not completed, the entire deposit shall be forfeited. Rental Fees — must be paid in full at least 30 days prior to event. Cancellations — If event is cancelled between: » 6 to 12 months — one-third of the deposit is forfeited, rental fee is refunded » 3 to 6 months — two -third of the deposit is forfeited, rental fee is refunded » 1 to 3 months — 100% of the deposit is forfeited, rental fee is refunded » Less than 30 days — 100% of the deposit is forfeited, rental fee is forfeited Blaney Plaza Reservation $25 Reservation Fee Civic Theater Security Deposit $500 Surcharge $ 2 per ticket Move In/Move Out $150 per day Rehearsal $150 per day Performances $350 per day Community Center Security Deposit $ 300 Multi -Purpose Room w/Kitchen $135 per hour Senior Center Room w/Kitchen $125per hour Patio Room $ 60 per hour Arts & Crafts Room $ 60 per hour Dance Studio $ 60 per hour Garden Patio $ 60 per hour 2487 CITY OF SARATOGA FEE SCHEDULE - PARK & FACILITY RENTAL FEES — FY 2012/13 Saratoga Prospect Center Grace Building Security Deposit $300 Large Room w/Kitchenette $115 per hour Conference Room $ 55 per hour Friendship Hall Security Deposit $500 Large Room w/Kitchen $165 per hour Recreation Portable Security Deposit $300 Meeting Room $ 60 per hour Warner Hutton House Security Deposit $300 House & Garden $140 per hour 2188 CITY OF SARATOGA FEE SCHEDULE - PARK & FACILITY RENTAL FEES — FY 2012/13 PARK RENTALS Facility Rental Discounts (one discount allowed per rental) Non -Profit Groups receive 50% discount Residents receive a 10% discount Azule Park Picnic Area with Barbeque Horseshoe Pit Petanque Court Tennis Court Entire Park Rental* $ 15 per hour $ 15 per hour $ 15 per hour $ 15 per hour $100 per hour * Plus Park Attendant Fee for rentals with more than 100 persons in attendance or if vehicle access is required Bellgrove Park Beauchamps Park Tennis Court Brookglen Park Congress Springs Park Picnic Area with Barbeque El Quito Park Picnic Area with Barbeque Softball Diamond Horseshoe Pit Sand Volleyball Pit Entire Park Rental* * Plus Park Attendant Fee for vehicle access is required Foothill Park n/a $ 15 per hour n/a $ 15 per hour $ 15 per hour $ 30 per hour $ 15 per hour $ 15 per hour $100 per hour rentals with more than 100 persons in attendance or if n/a 2489 CITY OF SARATOGA FEE SCHEDULE - PARK & FACILITY RENTAL FEES — FY 2012/13 Gardiner Park Picnic Area with Barbeque Heritage Orchard Historical Park Kevin Moran Park Picnic Area with Barbeque Tennis Court Bocce Court Entire Park Rental* * Plus Park Attendant Fee for vehicle access is required Ravenswood Park Wildwood Park Picnic Area with Barbeque Stage Horseshoe Pit Sand Volleyball Court Entire Park Rental* $15 per hour n/a n/a $ 15 per hour $ 15 per hour $ 15 per hour $100 per hour rentals with more than 100 persons in attendance or if n/a $ 15 per hour $ 30 per hour $ 15 per hour $ 15 per hour $100 per hour * Plus Park Attendant Fee for rentals with more than 100 persons in attendance or if vehicle access is required 2190 CITY OF SARATOGA FEE SCHEDULE - PARK & FACILITY RENTAL FEES — FY 2012/13 OTHER RENTAL FEES Audio/Visual Equipment Rental $ 45 per day Banner Fees Non Profit Rentals Village Vertical Banners $200 for 2 weeks Saratoga — Prospect Center $300 per week Blaney Plaza $300 per week Banners restricted to non-profit groups advertising events, with priority to local Saratoga organizations Security Deposit $500 $- $- Community Garden Plot Rental Processing Fee Annual Plot Rental Annual Water Fees Park Attendant Fee Required for park rentals with more than 100 persons in attendance or if vehicle access is required. Eliminated $ 85 per year $150 per year $200 ALL DEPOSITS ARE NON-INTEREST BEARING Seniors 55 and over Eliminated $ 60 per year $165 per year 2$91 CITY OF SARATOGA FEE SCHEDULE - MISCELLANEOUS FEES — FY 2012/13 ELECTRIC VEHICLE CHARGING STATION FEES EV Charging Station Usage Fee Or EV Hookup Fee EV Charging Fee $1.50 per hour usage fee or $1 hookup fee $1 per hour usage fee CITY OF SARATOGA FEE SCHEDULE - MISCELLANEOUS FEES - FY 2012/13 3Q93 CITY OF SARATOGA FEE SCHEDULE CODE SECTION - CODE REFERENCE - SUBJECT §9-55.060 §3-30.070 §15-05.070 §15-90.030 §2-05.030 §15-05.070 §15-05.070 §15-05.070 §15-05.070 §15-05.070 §15-05.070 §14-05.050 §14-05.050 §14-05.050 §15-05.070 §15-05.070 §15-05.070 §14-05.050 §15-05.070 §15-05.070 §15-05.070 §14-05.0550(b); §15-05.070 §16-05.030 §4-05.130; §4-06.020-140 §4-10.020(c) §14-05.050 §00000000 §4-06.080 §00000000 §00000000 §4-06.030 §00000000 §16-05.030 § 10-20.080(a) §16-05.030 §14-05.050(a)(3); §15-05.070 §4-06.050 §15-05.070 §4-10.010(c) §16-10 Abandoned Vehicles Administrative Citation Civil Fines, Late Charges Annexation Appeals - Planning Appeals to City Council Application for Approval of Accessory Structure Application for Approval Satellite Dish Antenna Application for Construction Trailer Permit Application for Design Review and Administrative Review Application for Election to Amend the General Plan Application for Fencing Enclosure Exception Approval Permit Application for Lot Line Adjustment Application for Merger of Parcels Application for Reversion To Acreage Application for Sign Permit Application for Sound Wall Permit Application for Storage Permit Application for Tentative Map Subdivision Approval Application for Tree Removal Application for Use Permit Application for Variance Arborist Review Building Permits Business Licenses Card Games Permit Certificate of Compliance City Attorney Hourly Billing Rate Commercial Photography Community Development Additional Fees Community Development Staff Hourly Billing Rate Contractors/Subcontractors Document Storage Fee Electrical Permits Encroachments Permit Energy Calculation Review Fees Environmental Review Escort Services or Bureaus Extension of Approved Application Fairs, Carnivals Permit False Alarm 3194 CITY OF SARATOGA FEE SCHEDULE §4.30.030(b); §4.30.060 CODE SECTION — CODE REFERENCE — Firearms Permit SUBJECT §§7-05.200; §7-05.210 §15-05.070 §15-05.070 §00000000 §14-05.050(a)(5); §15-05.070 §16-05.030 §16-05.030 §4-06.060 §16-05.030 §13-25.010 §4-06.070 §14-05.050(a)(6) § 14-05.050(a)(7) §00000000 § 14-50.060 (c)(5) §10-15.020(a) § 14-05.050(a)(8) §4-55.050(c); §4-55.080(f)(1); §4-55. §15-05.070 §4-60.050(b) §00000000 §00000000 §00000000 §16-05.030 §15-05.070 §9-45.040 §16-05.030 §15-05.070 §11-10.020(c) § 14-05.050(a)(10) §4-50.030(b; §4-50.060 §10-15.020(a) §00000000 §00000000 §16-05.030 §4-20.040(b); §4-20.050; §4-20.090 §4-06.130 §00000000 §4-15.040(b); §4-15.090(b) §00000000 Garbage Disposal Charge General Plan Amendment General Plan Amendment Requiring Election General Plan Maintenance Geotechnical Review Grading Permit Grading Plan Check Fee Handbill Distribution Heating and Air Conditioning Permits Heritage Preservation Home Occupation Improvement Plan Check Fee Inspection Fee for Subdivision and Building Site Improvements Landscape Bond Acceptance Fee Lot Line Adjustment Engineering Fee Major Repairs or Capital Improvements by Utility Agencies Map Checking Fee 090(e) Massage Establishments Permit Modification of Approved Application Motion Picture Filming Permit Noise Exception Permit Notary Fee Noticing Fee Occupancy Inspections Off -Site Improvement Review Off -Street Vehicles Other Inspection Fees Other Special Reports or Studies Park and Facility Rental Park Development Fee Peddlers and Solicitors Permit Pipes, Drains and Conduits Permit Plan Submittal orientation Planning Process orientation Class Plumbing Permits Private Patrols Permit Property Leasing, Residential Provide Property Profile Public Dances Permit Public Works Additional Fees 3495 CITY OF SARATOGA FEE SCHEDULE §4-65.060; §4-65.030(5)(b) CODE SECTION — CODE REFERENCE — Recyclers Permit SUBJECT §15-05.070 §00000000 §00000000 §10-15.020(a) §4-35.040(b); §4-35.070 §00000000 §10-10.030(c) §00000000 §4-40.030(b) §14-05.050(b) §00000000 §9-40.080(b) §10-15.020(a) §4-80.050(b) §4-06.120 §00000000 §15-05.070 Request for Continuance Research Fee Return Check Fee Routine 0 and M Work by Utility Agencies Secondhand Dealers Permit Sign Retrieval Fee Special Events Permit Staff Review Codes Questions/ Project Review Taxicabs Permit Traffic and Economic Studies Tree Appeal Arborist Review Trucks Permit Utility Service Connections Permit Valet Parking Permit Vending Machines Williamson Act Contract Cancellation Zoning ordinance Amendment For detailed information on Municipal Code sections, log on to http://www.bpcnet.com/codes/saratoga/ SARATOGA CITY COUNCIL MEETING DATE: April 18, 2012 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Cynthia McCormick, AICP DIRECTOR: James Lindsay SUBJECT: Urban County Community Development Block Grant Local Priorities Plan RECOMMENDED ACTION: Review report and provide direction to staff. REPORT SUMMARY: The 2011-2014 Joint Exercise of Powers Agreement and Cooperation Agreement between the Urban County cities (e.g., Saratoga) and the County of Santa Clara specifically calls for a Local Priorities Plan which "will contain local and regional needs, evaluation criteria for project proposals, and the goal of geographical balance in developing funding recommendations." The Local Priorities Plan is to be developed by the Urban County Technical Advisory Committee (TAC) consisting of staff members from the Urban County cities and County staff. The Plan is to be reviewed and approved annually by the Housing and Community Development Advisory Committee (HDAC), a 20 -member body composed of both elected officials (e.g., City Council Members) and public members from the Urban County cities. The TAC will begin work on the Local Priorities Plan in the coming months to ensure the HCDAC has enough time to review and approve it prior to the CDBG 2013-2014 funding cycle. Staff is recommending the City Council affirm the following priorities which have been historically funded in Saratoga to be included in the Urban County Local Priorities Plan. • Senior Adult Care Services: Adult daycare activities for severely disabled adults and less independent seniors as well as resources, support and referrals to their caregivers. Services could include individualized and structured activities, adaptive exercise, education, basic health monitoring, nutritional meals, assistance with daily tasks, assistance with personal care and hygiene, family and caregiver counseling, community resource referrals, and collaboration with other community-based organizations and transportation services such as Outreach para -transit. 198 • Emergency Assistance Services: Basic human need services for low-income seniors, single adults, and families in Saratoga including: access to an adequate quantity of quality food, assistance with rent, deposit, or utility payment, and the outreach and case management of these types of services. • ADA Improvements: Improvements which remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled". ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's website in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. 199 rpou; MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL April 18, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Community Event Grant Funding Process RECOMMENDED ACTION: Accept report and provide direction to staff on funding level for the Community Event Program, the community event grant application process, and application evaluation criteria. BACKGROUND: At the April 4, 2012 City Council Meeting, Council discussed formalizing the process of allocating community event funds and establishing an application process for event organizers to seek grants for community events. Consequently, staff is seeking Council direction on the development of a community event grant application process. Specifically, staff would like direction on: - The amount of money to allocate to the Community Event Program for Fiscal Year (FY) 2012/13; The process by which applications for community event grants will be accepted; and - Development of application evaluation criteria. Amount of Community Event Funding Staff is seeking Council direction on the amount of money to allocate towards community events in the next fiscal year. Starting in the FY 2009/2009 budget, funds for community events were consolidated into the Community Events Program. The Community Event Program has been used to pay for a variety of events and event -related expenses, from City -hosted events to City - sponsored events and fee waiver requests. Over the past 3 years, the amount of money budgeted for the Community Event Program has fluctuated from $12,866 (FY 2008/2009) to $20,700 (FY 2010/11). The history of community event funding is included in Attachment B. This fiscal year, $15,000 has been allocated to the community event fund. Of this total, $5,000 is reserved for Celebrate Saratoga. Additionally, the City of Saratoga has received a total of $4,480.32 in fee waiver requests this fiscal year. Page 1 of 3 200 Staff anticipates that developing a more formal process to allocate community event grants may increase demand for these funds. Consequently, staff recommends that Council allocate $20,000 to the Community Event Fund in the 2012/13 budget. Community Event Grant Application Process Staff has provided several different options for the acceptance of community event grant applications. These various options are listed below. Council may pick one option; modify the options; or direct staff to take alternative actions. Each option below requires submittal of a Community Event Fund Grant Application, included in the attachments to the staff report. The application has been drafted to collect basic information about the event and event organizer, which would ultimately make it easier to evaluate the true costs of events, understand impacts of events, and process funding requests. 1. Annual Application Process During the April 4, 2012 City Council Meeting, Council discussed the possibility of establishing an annual application period to allow event organizers to come before the Council to request funds. If Council decides to conduct an annual application process and determine the overall funding level for the community event program through the annual budget adoption process, the grant applications could be accepted in May with Council decision on funding awards in June or July shortly after adoption of the budget. If Council chooses to implement an annual application period, staff would advertise the community event grant opportunity in the Saratoga News, on the City website, and notify past recipients of the application process. 2. Annual Application Process with Provision for Unplanned Grant Requests At the April 4, 2012 Council Meeting, several members of the Council suggested an annual application process be combined with a provision that allows the Council to consider funding applications from event organizers that could not participate in the annual application process. To do this, Council would reserve a portion of the community event grant funds to be used for unexpected events. The Council could then draw from this reserve to fund unanticipated events as applications are received throughout the fiscal year. As with the annual application process, organizers of spontaneous events could be asked to submit a Community Event Fund Application and come before the Council to request funds. Staff also suggests that the Council require that applications be submitted no less than 60 days before the scheduled event to ensure the event organizers have sufficient time to obtain necessary permits, clearance, insurances, and event authorizations. If Council would like the allocation process to include a provision for unexpected events after the annual allocation process, staff asks that Council determine what portion of the community event fund to reserve for ongoing event funding requests. 3. Application Evaluation as Needed As an alternative to the annual application process, Council may also decide to allow event organizers to come before the Council to request funding as needed. Submittal of a Community Event Fund Application would be required. Staff recommends that the Council require event Page 2 of 3 201 organizers return their completed application to the City no less than 60 days before the scheduled event. As with the process for annual application process, funding levels for the community event fund would be established by the Council during the yearly budget process. Application Evaluation Criteria In addition to determining the amount of money to allocate to the community event fund and establishing a process for event organizers to seek community event funds, Council may also want to create criteria for evaluating applications. Evaluation criteria might include: Focus on celebrating Saratoga's character, diversity, or history Ability of event to build community and bring residents together - Ability of the event to attract visitors to Saratoga - Ability of the event to increase patronage of Saratoga businesses - Cost effectiveness of the event - Ability of organizer to produce a well-planned, safe event - Anticipated event attendance - Focus of the event is of a citywide nature FISCAL IMPACTS: If Council decides to allocate $20,000 to the community event fund, it will increase the amount of funding for this program by $5,000. However, establishing a clear process by which event organizers can apply for community event grants will minimize time spent processing fee waivers and other requests for event funding. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda item and was included in the packet made available on the City's web site in advance of the meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each Monday in advance of the Council meeting. ATTACHMENTS: Attachment A: Draft Community Event Fund Application Attachment B: Community Event Funding History Page 3 of 3 202 Event Name: Event Date: Event Location: Grant Request: Total Event Cost: Contact Name: Title: Organization: Address: Phone: City of Saratoga Community Event Grant Application Event Hours: Event Description: Email: Estimated Attendance: Funding Amount Received from City in Past: Other Funding Sources: Include source & amount Event Promotion Plan: Advertising & marketing One Time Event ❑ Annual Event ❑ Prior Event Organizing Experience: Describe the previous experience organizing events of the primary event coordinator and the organization requesting funds Event Budget: Please attach an itemized list of event expenses. 203 Community Event Grant Funding History .E PM 2001107 2001109 200W10 20L011 901107i 3012113 Grr1071- Ceara Gram Groan Grum GivarF Gramm amok" q/ Ceafferree Erna Or___ gyp- rein Ions 1140 Celebrate Smear -Ewa Zees - 4.11w 4.N1 Celebrate Satin.- Eclat Suppe& 4.010 Celebrate Snow B Art &Ulan Reboil - - 3111 4,251 3,2G.= mos - Me d bre Lim - - - 1,13- 1A1- - Quern! Cawia■* Emit IX cE - - - - - I.IITf - 1R.1 MibbsdiseiBM: Poty :4p - - - - - - - - Y ksidle Mid Umbra= - - - - - - - - 13mosi Eska 151 1.411 XIII kd4i 4.1Na Mel - ? Rh amtr- - - - ■ - Arbil Gaf Caioborioa - - - 1 21 42 _:_O_a$ Etiast PENNI)_ - - 311 - - - Eouds a1 aast - - - 154 - 101 - Cis =dodo - Rth - - n0 - - - - - ovoids Osier air - - - 421 5.145 45 - - Choth ealCawoneewBBQ 111 'Mimed. hini0 Abe - - 1412 - brew Onsisliv Bad - - 210 - Serataga Soma Emily Elsie - - 3.141 - Odi him WOK - - 111 - Fed* Eilairaldp ®i Order - - - - 114 - 3oie rote laaao0a Wawa DEB Owing - - - 23 - - N 152 Chatembeidag Opining - - - - 131 - - Tata Cbaewo Mama 151 13.145 3,1.311 L2 15.412 1.431 1l. 11.110 204