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05-02-2012 City Council Agenda Packet
\LIFORN� AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL MAY 2, 2012 SPECIAL MEETING — 6:00 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 6:00 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on April 26, 2012) 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. COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. 1. Joint Meeting with the Saratoga Youth Commission Recommended Action: Informational Only 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. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] 1 Certificate of Posting of Agenda: 1, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on April 26, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 26th day of April 2012 at Saratoga, California. Crystal Morrow City Clerk 2 Table of Contents Agenda 3 Proclamation Declaring May 6 — 12, 2012 as Wildfire Awareness Week Staff Report 9 Attachment A: Proclamation Declaring May 6 -12, 2012 as Wildfire Awareness Week 11 Attachment B: Flyer on Defensible Space 12 Foster Care Appreciation Month Staff Report 13 Attachment A: Foster Care Appreciation Month Proclamation 15 City Council Meeting Minutes Staff Report 16 Attachment A: April 18, 2012 City Council Meeting Minutes 18 Attachment B: October 5, 2005 City Council Meeting Minutes 25 Review of Accounts Payable Check Registers 5-2-2012 Staff Report 39 4-19 Check Register 41 4-25 Check Register 43 Treasurer's Report for the Month Ended March 31, 2012 Treasurer's Report for the Month Ended March 31, 2012 47 Granting of Utility Easement to PG&E on Book -Go -Round Property Staff Report 54 1. Easement Deed 56 2. Resolution 64 3. Vicinity Map 67 Fruitvale Avenue Median Improvements — Cooperative Agreement with West Valley College Staff Report 68 1. Cooperative Agreement 70 2 Encroachment Permit 73 AB 939 and Household Hazardous Collection Program Agreements Staff Report 93 Attachment A: Agreement for Countywide AB 939 Implementation Fee 97 Attachment B: Agreement for Countywide Household Hazardous Waste Collection Program 110 Zoning Amendment - Sign Ordinance (Article 15-30) Staff report 138 Ordinance 139 1 Appeal of Design Review & Variance Approval for a New Single -Family Residence at 21216 Bank Mill Road Staff Report - 21216 Bank Mill Rd. 165 Att. 1 - CC Resolution - 21216 Bank Mill Rd. 168 Att. 2 - PC Resolution - 21216 Bank Mill Rd. 174 Att. 3 - PC Staff Report - 21216 Bank Mill Rd 180 Att. 4 - Appeal Application - 21216 Bank Mill Rd. 188 Att. 5 - Appeal Concerns, dated April 24, 2012 189 Att. 6 - Basement Definition per City Code 192 Att. 7 - Plan Set - 21216 Bank Mill Rd. 194 Att. 8 - Noticing - 21216 Bank Mill Rd. 214 Community Event Grant Program Staff Report 218 Destination Saratoga Update & Funding Request Staff Report 220 Update Letter 221 Solid Waste Program Consolidation Staff Report 223 Attachment A: Estimates of Monthly Rate Increases 226 2 AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, MAY 2, 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 26, 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 Declaring May 6 — 12, 2012 as Wildfire Awareness Week Recommended action: Read and present proclamation declaring May 6 — 12, 2012 as Wildfire Awareness Week in the City of Saratoga. 2. Foster Care Appreciation Month Recommended action: 3 Read and present proclamation declaring May 2012 as Foster Care Appreciation Month. SPECIAL PRESENTATIONS None 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 City Council Meeting minutes. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: April 19, 2012 April 25, 2012 5. Treasurer's Report for the Month Ended March 31, 2012 Recommended action: Review and accept the Treasurer's Report for the month ended March 31, 2012. 6. Granting of Utility Easement to PG&E on Book -Go -Round Property Recommended action: 1. Approve granting of utility easement on City -owned Book -Go -Round property to PG&E. 2. Authorize City Manager to sign the Easement Deed. 7. Fruitvale Avenue Median Improvements — Cooperative Agreement with West Valley College Recommended action: Approve Cooperative Agreement with West Valley -Mission Community College District for Fruitvale Avenue Median Improvements and authorize the City Manager to execute the same. 8. AB 939 and Household Hazardous Collection Program Agreements Recommended action: Authorize the City Manager to sign the Agreement for Countywide Assembly Bill (AB) 939 Implementation Fee and Santa Clara County Household Hazardous Waste (HHW) Collection Program Agreement with a $50,000 augmentation for Fiscal Year 2012/13. 9. Zoning Amendment - Sign Ordinance (Article 15-30) Recommended action: 4 Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Signs. 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 10. Appeal of Design Review & Variance Approval for a New Single -Family Residence at 21216 Bank Mill Road Recommended action: Deny the appeal, thus affirming the Planning Commission's approval of the design review variance applications. OLD BUSINESS 11. Community Event Grant Program Recommended action: Accept report and provide input on the Community Event Grant Program. NEW BUSINESS 12. Destination Saratoga Update & Funding Request Recommended action: Receive the update from the Chamber of Commerce's Destination Saratoga Committee and consider their funding request. 13. Solid Waste Program Consolidation Recommended action: Accept report and provide direction on consolidation of solid waste program costs. 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 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 5 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. 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) 6 Certificate of Posting of Agenda: 1, 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 26, 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 26th 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 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 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL May 2, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Proclamation Declaring May 6 —12, 2012 as Wildfire Awareness Week RECOMMENDED ACTION: Read and present proclamation declaring May 6 — 12, 2012 as Wildfire Awareness Week in the City of Saratoga. BACKGROUND: The proclamation recognizing the week of May 6 — 12, 2012 as Wildfire Awareness Week is attached to this staff report. Bob Livengood, Executive Director of the Santa Clara County FireSafe Council will be present at the meeting to accept the proclamation. 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. 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. Page 1 of 2 9 ATTACHMENTS: Attachment A: Proclamation Declaring May 6 -12, 2012 as Wildfire Awareness Week Attachment B: Flyer on Defensible Space Page 2 of 2 10 CITY OF SARATOGA PROCLAMATION DECLARING MAY 6 -12, 2012 AS WILDFIRE AWARENESS WEEK WHEREAS, between 5,000 and 8,000 wildfires occur in California each year, destroying property, taking lives, and damaging the State's precious natural resources; and WHEREAS, during the last five years, approximately wildfires burned over 900,000 acres of California's timber and grasslands, releasing carbon monoxide and other greenhouse gases into the atmosphere destroying forests, damaging habitat, and affecting biodiversity; and WHEREAS, the risk of large wildfires that threaten or take lives and destroy homes is predicted to rise over the next decade as a result of climate change; and WHEREAS, living in California and in Saratoga implies a coexisting with the serious threat of wildfire; and WHEREAS, roughly 94 percent of California wildfires are human -caused and therefore preventable; and WHEREAS, wildfire prevention is a shared responsibility; and WHEREAS, informed action allows us, as a community, to help lessen the causes and effects of unwanted wildfire; and WHEREAS, improving a home's resistance to wildfire and instituting a plan to leave early in a safe manner can dramatically increase the safety and survivability of the public and emergency personnel; and WHEREAS, Wildfire Awareness Week serves as an important opportunity for the City of Saratoga and local fire service agencies to work together to reduce the risk of wildfire by increasing public awareness of fire safety, preparation, and prevention. NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY proclaim and recognize the week of May 6 — 12, 2012 as: WILDFIRE AWARENESS WEEK WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 211d day of May 2012. Chuck Page, Mayor City of Saratoga 100 DEFENSIBLE SPACE Trees trimmed at least 10' om chimney 70' (or to property line) Lower tree limbs removed to reduce "fire ladder" 1"111"111' Space plants and shrubs to prevent fire from spreading 4-30 ft - Raduc.dFuel Zone 70 ft. 4— 30 ft --► Santa Clara County FireSafe Council (408) 975-9591 • www.SCCFireSafe.org The Santa Clara County FireSafe Council is a non-profit organization composed of individuals, public and private agencies and companies that share a common, vested interest in preventing and reducing losses from wildfires 12 WhylOOFeet? Following these simple steps can dramatically increase the chance of your home surviving a wildfire! A Defensible Space of 100 feet around your home is required by law.' The goal is to protect your home while providing a safe area for firefighters. 1 "Lean, Clean and Green Zone." - Clearing an area of 30 feet immediately surrounding your home is critical. This area requires the greatest reduction in flammable vegetation. 2 `Reduced Fuel Zone" - The fuel reduction zone in the re- maining 70 feet (or to property line) will depend on the steepness of your property and the vegetation. Spacing between plants improves the chance of stopping a wildfire before it destroys your home. You have two options in this area: 0 Create horizontal and vertical spacing between plants. The amount of space will depend on how steep the slope is and the size of the plants. 0 Large trees do not have to be cut and removed as long as all of the plants beneath them are removed. This eliminates a vertical "fire ladder." When clearing vegetation, use care when operating equipment such as lawnmowers. One small spark may start a fire; a string trimmer is much safer. Remove all build - up of needles and leaves from your roof and gutters. Keep tree limbs trimmed at least 10 feet from any chimneys and remove dead limbs that hang over your home or garage. The law also requires a screen over your chim- ney outlet of not more than 1/i inch mesh. 1. These regulations affect most of the grass, brush, and timber -covered private lands In the State, Soma lire depart- mentJudsdlctions may have additional requirements. Some activities may require permits for tree removal. Also, some activities may require spacial procedures for, 1) threatened and endangered species, 2) avoiding erosion, and 3) protection of water quality. Check with local officials If in doubt. Current regulations allow an insurance company to require additional clearance. The area to be treated does not extend beyond your property. The State Board of Forestry and Fire Protection has approved Guidelines to assist you in complying with the new law. Contact your local CAL FIRE office for more details. Reprinted with permission July 2007 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL May 2, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Foster Care Appreciation Month RECOMMENDED ACTION: Read and present proclamation declaring May 2012 as Foster Care Appreciation Month. BACKGROUND: The attached proclamation recognizes May 2012 as Foster Care Appreciation Month in the City of Saratoga. Saratoga foster care parents Kathleen and Niranjan Vithanage will be present to accept the proclamation. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The proclamation would not be presented. 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. Page 1 of 2 13 ATTACHMENTS: Attachment A: Foster Care Appreciation Month Proclamation Page 2 of 2 14 CITY OF SARATOGA PROCLAMATION DECLARING MAY 2012 AS FOSTER CARE APPRECIATION MONTH WHEREAS, there are more than 75,000 children in foster homes in the State of California, making California's foster care system one of the largest in the nation; and WHEREAS, in Santa Clara County alone, there are nearly 1,100 children in foster care and only 432 licensed foster homes to help care for them; and WHEREAS, there is nothing more precious than the healthy growth and development of our youth, who will determine the future direction of our community; and WHEREAS, foster parents throughout Santa Clara County provide safe and loving homes for our foster children in our community and are tireless advocates on their behalf; and WHEREAS, foster parents unselfishly give of themselves and their families and dedicate their live to the care of our community's most vulnerable children; and WHEREAS, foster parents play a vital role in helping children and their families heal, become stronger, and thrive; and WHEREAS, foster parents recognize that all foster children need and deserve meaningful connections with caring adults who can provide support and bonds that last a lifetime, and strive to help foster children build such relationships; and WHEREAS, Foster Care Appreciation Month provides the opportunity for the City of Saratoga to thank and support the families who embrace the often thankless responsibility of providing a home and family to children in need of affection, love, and security. NOW, THEREFORE, THE CITY OF SARATOGA DOES HEREBY proclaim and recognize the month of May 2012 as: FOSTER CARE APPRECIATION MONTH WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 2nd day of May 2012. Chuck Page, Mayor City of Saratoga rpoit MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL May 2, 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 City Council Meeting minutes. BACKGROUND: The draft minutes for the Regular City Council Meeting on April 18, 2012 are attached to this report for Council review and approval. Staff is also requesting approval of the October 5, 2005 Regular Meeting minutes. Please note that the City Clerk's Office conducts periodic audits of City Council Meeting minutes. The minutes for the regular meeting on October 5, 2005 could not be found in the City's records. Consequently, the Clerk's Office has reproduced these minutes for Council consideration and approval. The City Attorney has advised staff that there is no legal requirement for a member of the Council to be present at a meeting to vote on minutes for that meeting. 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: Page 1 of 2 16 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: April 18, 2012 City Council Meeting Minutes Attachment B: October 5, 2005 City Council Meeting Minutes Page 2 of 2 17 MINUTES SARATOGA SPECIAL CITY COUNCIL MEETING APRIL 18, 2012 The City Council held a Closed Session at 5:30 p.m. in the Administrative Conference Room in the City Manager's Office. Announcement of Closed Session Items Conference with Legal Counsel — Anticipated Litigation Significant exposure to litigation pursuant to subdivision Government Code 54956.9(b): (1 case) The City Council then called the Joint Meeting with the Mountain Winery to order at 6:00 p.m. in the Administrative Conference Room in the City Manager's Office. SARATOGA REGULAR CITY COUNCIL MEETING APRIL 18, 2012 Mayor Page called the meeting to order at 7:03 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT ABSENT: ALSO PRESENT: Council Members Manny Cappello, Howard Miller, Emily Lo, Vice Mayor Jill Hunter, Mayor Chuck Page None 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 Cynthia McCormick, Community Development Planner 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 April 12, 2012. REPORT FROM CLOSED SESSION Mayor Page announced that there was nothing to report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Don Riccardi, General Manager of the Mountain Winery, summarized discussion that took place during the Joint Meeting and announced that the 2012 Concert Series schedule was released on April 18, 2012. Additional information is available online at http://www.mountainwinery.com/. 18 ANNOUNCEMENTS Council Member Cappello shared that the Saratoga Chamber of Commerce will be hosting the Saratoga Springtime Wine Stroll on May 12, 2012. Council Member Lo announced that the Saratoga Chamber of Commerce is also holding the Saratoga Village Market Place every Wednesday from 2:30 p.m. until 6:30 p.m. in Blaney Plaza in downtown Saratoga. Vice Mayor Hunter said that on Wednesday, April 25, the Saratoga Area Senior Coordinating Council (SASCC) will be holding a special luncheon. Additionally, there will be a Pet Parade in the Village on April 28, 2012 from 10:00 a.m. to noon. Mayor Page announced that Villa Montalvo will be celebrating its 100 year anniversary on Saturday, April 21, 2012. 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. Mayor Page read the proclamation and presented it to representatives of the El Quito Neighborhood Association. 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. Mayor Page invited Scott Haywood from VTA to present. Scott Haywood presented on the Caltrain Modernization Program, which would ultimately allow high speed rails to operate on Caltrain lines. CONSENT CALENDAR 3. City Council Meeting Minutes Recommended action: Approve minutes for the City Council Meeting on April 4, 2012. LO/MILLER MOVED TO APPROVE MINUTES FOR THE CITY COUNCIL MEETING ON APRIL 4, 2012. MOTION PASSED 5-0-0. 4. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 19 April 3, 2012 April 10, 2012 LO/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE APRIL 3, 2012 AND APRIL 10, 2012 ACCOUNTS PAYABLE PAYMENT CYCLES. MOTION PASSED 5-0-0. 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. LO/MILLER MOVED TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A 5 YEAR RENEWAL CONTRACT WITH SUNGARD PENTAMATION, THE CITY'S FINANCIAL SYSTEM APPLICATION SERVICE PROVIDER. MOTION PASSED 5-0-0. 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. Council Member Miller removed this item from consent to request a clarification on funding and formation of lighting and landscape assessment districts. Public Works Director John Cherbone addressed Council questions. RESOLUTIONS NO. 12-023 & 12-024 MILLER/HUNTER MOVED TO ADOPT: 1. RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 12- 13 FOR RENEWING THE LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA -1. 2. RESOLUTION OF INTENTION. MOTION PASSED 5-0-0. 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. LO/MILLER MOVED 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. MOTION PASSED 5-0-0. 20 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. Vice Mayor Hunter asked that this item be removed from consent to request additional information about the lights and light poles to be installed in the Village. Public Works Director John Cherbone provided information the lights, light poles, and installation. HUNTER/LO MOVED TO: 1. DECLARE AMLAND CORP, OF SAN JOSE TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. 2. AWARD A CONSTRUCTION CONTRACT TO AMLAND CORP IN THE AMOUNT OF $233,211 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. 3. AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $33,189. MOTION PASSED 5-0-0. PUBLIC HEARINGS 9. Zoning Amendment - Sign Ordinance (Article 15-30) Recommended action: Introduce the ordinance amending City Code Article 15-30 (Sign Ordinance). Community Development Department Planner Cynthia McCormick presented the staff report on the sign ordinance update. Mayor Page invited public comment on the item. Gary Smith of English Drive in San Jose and Saratoga Chamber of Commerce Legislative Committee Chair spoke in favor of the sign ordinance amendment and requested that the restriction on internal illumination of free standing signs be eliminated. Scott Anderson, president of the Saratoga Chamber of Commerce, spoke in favor of the sign ordinance amendment and also asked that Council remove the restriction on internally illuminated free standing signs in the proposed ordinance. Adam Montgomery of the Silicon Valley Association of Realtors spoke in favor of the proposed ordinance. Paul Hernandez raised concerns about provisions in the ordinance for legal nonconforming signs. 21 Planning Commission Chair Tina Walia reviewed some of the Planning Commission's discussion the sign ordinance, including plastic cabinet signs, internally illuminated signs, and temporary signs. No one else requested to speak. MILLER/CAPPELLO MOVED TO INTRODUCE THE ORDINANCE AMENDING CITY CODE ARTICLE 15-30 (SIGN ORDINANCE) WITH THE FOLLOWING CHANGES TO THE ORDINANCE: 1. INCLUDE TECHNICAL CHANGES RECOMMENDED BY STAFF; 2. ALLOW MULTIPLE FLAGPOLES NO HIGHER THAN 25 FEET ON A SINGLE LOT (RETAINING THE LIMIT ON TOTAL FLAG AREA); 3. INCREASE THE HEIGHT OF PERMITTED TEMPORARY NON- COMMERCIAL SIGNS FROM 3 FEET TO 4 FEET; 4. ALLOW INTERNALLY ILLUMINATED INDIVIDUAL CHANNEL CUT LETTERS IN THE VILLAGE SIGN DISTRICT; 5. ALLOW ILLUMINATED CABINET SIGNS IN THE PROSPECT SIGN DISTRICT WITH A SIGN PERMIT; AND 6. DELETE THE REQUIREMENT THAT ILLUMINATED FREE STANDING SIGNS BE EXTERNALLY ILLUMINATED. MOTION PASSED 5-0-0. 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. Finance and Administrative Services Direction Mary Furey presented the report on the proposed fee schedule update for Fiscal Year 2012/13. Mayor Page invited public comment on the item. No one requested to speak. RESOLUTION NO. 12-025 MILLER/CAPPELLO MOVED TO APPROVE RESOLUTION AMENDING THE CITY'S FEE SCHEDULE EFFECTIVE FOR FISCAL YEAR 2012/13. MOTION PASSED 5-0-0. OLD BUSINESS None NEW BUSINESS 11. Urban County Community Development Block Grant Local Priorities Plan Recommended action: Review report and provide direction to staff. 22 Community Development Department Planner Cynthia McCormick presented the staff report on the Urban County Community Development Block Grant Local Priorities Plan. Mayor Page invited public comment on the item. No one requested to speak. CAPPELLO/HUNTER MOVED TO APPROVE THE LOCAL PRIORITIES PLAN PREPARED BY STAFF. MOTION PASSED 5-0-0. 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. City Clerk Crystal Morrow presented the report on the Community Event Grant Funding Process. Mayor Page invited public comment on the item. No one requested to speak. MILLER/CAPPELLO MOVED TO AUTHORIZE $20,000 TO THE COMMUNITY EVENT PROGRAM AND STAFF'S PROPOSAL FOR AN ANNUAL APPLICATION PROCESS WITH A PROVISION FOR UNPLANNED GRANT REQUESTS. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page Santa Clara County Cities Association — the Santa Clara County Cities Association met last Thursday and the group discussed efforts to engage businesses and develop public/private partnerships. TEA Ad Hoc — the Ad Hoc went to Sacramento last week to encourage the Local Government Committee to vote "yes" on AB 1816. West Valley Sanitation District — the Sanitation District has hired Avery and Associates to review the resumes of top tier candidates for the District Director position. Vice Mayor Jill Hunter Historical Foundation — the Historical Foundation will meet on April 19, 2012. KSAR Community Access TV Board — the KSAR meeting has been canceled. Village Ad Hoc — the Village Ad Hoc will be meeting the week of April 23, 2012. Council Member Emily Lo Association of Bay Area Governments — the ABAG General Assembly meeting is April 19, 2012. Library Joint Powers Authority — the County Librarian, Melinda Cervantes, is retiring. Council Member Howard Miller 23 Council Finance Committee — the City's Finance Committee met on April 18, 2012 to review budget policies and final details for the budget study session on April 23, 2012. Santa Clara Valley Water District Commission — at the last meeting, the rate structure was reviewed and information on a proposal to increase the price of wholesale water by 9.3% for cities in southern Santa Clara County was presented. Additionally, plans to finance $800 million worth of capital projects were discussed. Valley Transportation Authority PAC — the last VTA PAC meeting was canceled due to the groundbreaking for BART in San Jose. Council Member Manny Cappello Chamber of Commerce — the Village Market Place reopened with a strong showing and additional vendors. The Chamber is looking for volunteers and sponsors for Celebrate Saratoga. The Chamber recently interviewed public relations firms to lead the Saratoga branding effort and plans to move forward with one firm that specializes in branding places and towns. The Chamber will be asking businesses in the City to contribute to the branding effort. CITY COUNCIL ITEMS Mayor Page indicated he would be adding discussion on allocating funding to the Chamber's branding effort, Destination Saratoga, to a future City Council meeting. CITY MANAGER'S REPORT None ADJOURNMENT MILLER/CAPPELLO MOVED TO ADJOURN THE MEETING AT 11:41 P.M. MOTION PASSED 5-0-0. Minutes respectfully submitted: Crystal Morrow, City Clerk 24 MINUTES SARATOGA CITY COUNCIL OCTOBER 5, 2005 Mayor King called the Regular City Council meeting to order at 7:05 p.m. and requested Lon Saavedra, Hakone Foundation Executive Director, to lead the Pledge of Allegiance. ROLL CALL PRESENT: ABSENT: ALSO PRESENT: Councilmembers Aileen Kao Nick Streit, Ann Waltonsmith, Vice Mayor Norman Kline, Mayor Kathleen King None Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Ann Sullivan, Deputy City Clerk Michele Braucht, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Lata Vasudevan, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 5, 2005 Ann Sullivan, Deputy City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 5, 2005 was properly posted on September 29, 2005. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS The following people requested to speak: Citizen Ray pointed out the trash eye sore that is scattered along Highway 9. He also feels that Caltrans isn't doing their job properly regarding the trash removal. Citizen Ray also suggested widening Highway 9 near Aloha. Ray Muzzy addressed the Council regarding the use of commercial cell phone antennas in high density areas in Saratoga. Mr. Muzzy stated that Saratoga needs an overall antenna ordinance; which he understands will be discussed at the joint meeting next week between the Council and Planning Commission. Mr. Muzzy stated that the immediate prioity is to update the existing R-1 Residential Conditional Use Permit Ordinance to protect high density in residential communities. Mr. Muzzy stated that Ordinance 221 that Council adopted on August 6, 2003, added antennas to the permitted uses in R-1 District. Mr. Muzzy stated that the word "antennas" doesn't describe the issue and that antennas don't belong in residential areas. 25 Kathleen Casey Coakley addressed the Council regarding the recent fire that occurred on Komia and Oak Street. In addition, she suggested that Aloha Avenue be closed for egress traffic. COUNCIL DIRECTION TO STAFF Councilmember Streit asked staff to comment on the request from Mr. Muzzy to amend the City Code. City Manager Anderson explained that staff brought forward a list of potential advanced planning projects. Council in turned prioritized the list and narrowed it down to six projects that could be accomplished in the next 16 months. Councilmember Streit commented that an antenna ordinance was not one of the top six. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None ANNOUNCEMENTS None CEREMONIAL ITEMS 1. PROCLAMATION DECLARING THE WEEK OF OCTOBER 16-22, 2005 "TEEN READ WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor King read the proclamation and presented it to Jodie Wipking, Teen Librarian at the Saratoga Library. SPECIAL PRESENTATIONS 2A. UPDATE ON HAKONE GARDENS — LON SAAVEDRA, EXECUTIVE DIRECTOR STAFF RECOMMENDATION: Informational only. Lon Saavedra, Hakone Foundation Executive Director, thanked the Council for inviting him to speak at tonight's meeting. Mr. Saavedra noted that on October 23, 2005, Hakone will be celebrating their 90th anniversary. The anniversary celebration will be from 2:00 to 5:00 p.m. Referring to the movie, "Memoirs of a Geisha", Mr. Saavedra noted that various scenes in the movie were filmed at Hakone Gardens. He reported that Sony Pictures would be hosting a special premier locally for the Hakone Foundation on December 9, 2005. He also noted that Hakone Gardens will be hosting the Grand Minutes 2 October 5, 2005 26 Tea Ceremony this Sunday from 12:00 noon to 5:00 p.m. 2B. UPDATE ON SARATOGA- MONTE SERENO COMMUNITY FOUNDATION — TRACY ENFANTINO STAFF RECOMMENDATION: Informational only. Lori Fox, President of the Saratoga—Monte Sereno Community Foundation, and Tracy Enfantino, Treasurer, of the Saratoga—Monte Sereno Community Foundation, reported that the Foundation will be holding their first annual fundraiser benefiting four local non-profit agencies on Sunday, October 16, 2005, from 4:00 to 7:00 p.m. She added the event will be hosted by Abby and John Sabrato. CONSENT CALENDAR 3A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/STREIT MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0-0. 3B. FY 2005-2006 CDBG COUNTY/CITY CONTRACT STAFF RECOMMENDATION: Adopt resolution authorizing the City Manager to execute a $427,402.28 contract with Santa Clara County for the FY 2005-2006 CDBG Program. RESOLUTION: 05-063 WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $427,402.28 CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2005-2006 CDBG PROGRAM. MOTION PASSED 5-0-0. 3C. EXTENSION OF CURRENT CONTRACT FOR ANNUAL AUDIT SERVICES WITH CAPORICCI & LARSON LLP STAFF RECOMMENDATION: Authorize the City Manager to execute 2 -year extension not to exceed $96,490. WALTONSMITH/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A 2 -YEAR EXTENSION NOT TO EXCEED $96,490 WITH CAPORICCI & LARSON LLP. MOTION PASSED 5-0-0. Minutes 3 October 5, 2005 27 3D. METRO PCS LEASE AGREEMENT FOR COMMUNICATIONS SITE AT THE SARATOGA COMMUNITY LIBRARY STAFF RECOMMENDATION: Authorize the City Manager to execute a lease agreement and sign the Memorandum of Agreement with Metro PCS for lease of property at 13650 Saratoga Avenue. WALTONSMITH/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT AND SIGN THE MEMORANDUM OF AGREEMENT WITH METRO PCS FOR LEASE OF PROPERTY AT 13650 SARATOGA AVENUE. MOTION PASSED 5-0-0. PUBLIC HEARINGS 4. EXTENSION OF INTERIM MORATORIUM ON USES INCONSISTENT WITH PRIOR DESIGN REVIEW APPROVAL STAFF RECOMMENDATION: Accept public testimony, consider and adopt the extension to the Interim Urgency Ordinance. The ordinance prohibits uses that are inconsistent with prior design review approvals and currently expires on November 22, 2005. The ordinance would extend the term to November 22, 2006. Richard Taylor, City Attorney, presented the staff report. Mr. Taylor stated that all the planning work went into this last year when the Council adopted it and this is basically a procedural matter of extending the ordinance for another year, therefore, giving it a two-year life span. It won't be possible to extend it after this year. Staff will be looking into these issues as part of the ordinance amendments. This ordinance provides that any project that received sign off on a design review approval after January 1, 2004, cannot make any change to their project that is inconsistent with that design review approval, install any additional structures that weren't on the design review, or make changes to landscaping. This rule will be in effect through November 22, 2006; prior to that date Council will need to adopt a regular ordinance either implementing these terms or something different. Mayor King opened the public hearing for comment. The following people requested to speak on this item: David Migdal spoke in support of this item. Mimi Frasier -Mather spoke in support of this item. No one else requested to speak on this item. Mayor King closed the public hearing. Minutes 4 October 5, 2005 28 WALTONSMITH/STREIT MOVED TO ADOPT THE EXTENSION TO THE INTERIM URGENCY ORDINANCE. THE ORDINANCE PROHIBITS USES THAT ARE INCONSISTENT WITH PRIOR DESIGN REVIEW APPROVALS AND CURRENTLY EXPIRES ON NOVEMBER 22, 2005. THE ORDINANCE WOULD EXTEND THE TERM TO NOVEMBER 22, 2006. Mayor King suggested a friendly amendment to the motion and asked that it include the verbiage that Council will agendize this item for discussion four to five months prior to the end of its November 22, 2006 term. WALTONSMITH/STREIT MOVED TO ADOPT THE EXTENSION TO THE INTERIM URGENCY ORDINANCE. THE ORDINANCE PROHIBITS USES THAT ARE INCONSISTENT WITH PRIOR DESIGN REVIEW APPROVALS AND CURRENTLY EXPIRES ON NOVEMBER 22, 2005. THE ORDINANCE WOULD EXTEND THE TERM TO NOVEMBER 22., 2006; AND COUNCIL WILL AGENDIZE THIS ITEM FOR DISCUSSION FOUR TO FIVE MONTHS PRIOR TO THE NOVEMBER 22, 2006 TERM EXPIRATION. MOTION PASSED 5-0-0. 5. ZONING TEXT AMENDMENT — PERSONAL SERVICE BUSINESSES IN CH -1 AND CH -2 ZONING DISTRICTS STAFF RECOMMENDATION: Accept public testimony, introduce the Zoning Text Amendment, waive the first reading, and schedule the item for second reading and adoption on consent calendar. Lata Vasudevan, Associate Planner, presented the staff report. Ms. Vasudevan noted the Council adopted an interim urgency ordinance prohibiting the establishment of personal service businesses that have their primary access from Big Basin Way or across the front lot line. The duration of this interim urgency ordinance has satisfied Council's intent of providing staff sufficient time to observe the business climate in the Village and formulate new zoning requirements on personal service businesses in the Village. As a result, staff is presenting a proposed zoning text amendment relating to personal service businesses in the Village. The Planning Commission has reviewed the proposed text amendment at a public hearing that was held last month on September 14th and has recommended that the Council adopt the proposed text amendment. The amendment removes service establishments as permitted uses in the CH District and requires the granting of a Conditional Use Permit for new personal service businesses that are at street level and have access from Big Basin Way or across the front lot line. Conditional Uses as described in the City Code require special consideration by the Planning Commission so that they may be located properly with respect to the purposes of the District in which the site is located. In order to grant a Conditional Use Permit the Planning Commission must make all the findings stated in the City Code Section 15-55.070. The Planning Commission may deny a request for a use permit or approve a use permit subject to conditions. Minutes 5 October 5, 2005 29 Staff believes that the proposed amendment would enable the Planning Commission to evaluate each new application for a Personal Service Business on a case-by-case basis in relation to the mix of businesses that are present in the Village and in light of the City's economic goals for the Village. The proposed amendment deletes the term "service establishment" and replaces it with the new term "personal service business" along with a new definition for personal service business. To minimize potential ambiguity, the proposed amendment specifies that any retail establishment that also provides a personal service is also classified as a "personal service business". The actual text amendment is presented in the draft ordinance that you have before you. Mayor King opened the public hearing for comment. No one requested to speak on this item. Mayor King closed the public hearing for comment. Council thanked Ms.Vasudevan for her report. STREIT/KLINE MOVED TO WAIVE THE FIRST READING, AND SCHEDULE THE ITEM FOR SECOND READING AND ADOPTION ON CONSENT CALENDAR. MOTION PASSED 5-0-0. OLD BUSINESS 6. DISCUSSION REGARDING THE INCORPORATION OF SURVEY QUESTION(S) IN THE UPCOMING COMMUNITY SURVEY CONCERNING THE SALE OF CITY OWNED PROPERTY LOCATED AT 19848 PROSPECT ROAD STAFF RECOMMENDATION: Discuss inclusion of survey question(s) in the upcoming Community Survey regarding the sale of the City owned property located at 19848 Prospect Road (North Campus). John Cherbone, Public Works Director, presented the staff report. Mr. Cherbone stated this item was agendized by Councilmembers Kao and Waltonsmith in order to discuss the inclusion of survey questions in the community survey concerning the sale of the city -owned property located at 19848 Prospect Road (North Campus). This action may require delaying the sale of the property to coincide with the survey. Director Cherbone noted he was distributing a revised updated estimated project timeline for the North Campus so that Council could determine if the community survey would be affected by the inclusion of the North Campus survey questions. Vice Mayor Kline inquired what the survey schedule was. Minutes 6 October 5, 2005 30 Assistant City Manager Lorie Tinfow stated that a Community Survey Kick -Off Study Session has been scheduled for October 18th to discuss the potential of a community survey. If a survey is agreed upon and with Council's approval of survey questions, the survey could be mailed out to the community sometime mid November. Ms. Tinfow added that after the October 18th Study Session there would be another opportunity for Council to review the full survey — if Council agrees to the implementation of a survey. Mayor King invited public comment. The following people requested to speak on this item: Marlene Duffin stated that if Council conducts a Community Survey she feels the survey should include a question that would ask the residents of Saratoga if they want the City to keep the property located at 19848 Prospect Road for public use, formerly known as Grace Methodist Church. Bridgette Ballingall stated that if Council conducts a Community Survey they need to include questions in the survey that will measure the communities' opinion on the selling of the North Campus as a solution to the City's revenue problems. Mike Story expressed his concern regarding the sale of the North Campus and noted he strongly opposes the sale of this property. He asked the Council to get as much public consensus as possible and recommended they include the North Campus issue on the community survey. Susan Bogerman addressed the Council noting that it is important to get community consensus and to get as much public input as possible. Norman Ziegler asked the Council to allow the North Campus property to be acquired by a non-profit organization so that it can be retained for public use. He urged the Council to include a question on the survey that would give the residents an opportunity to voice their opinion about the sale of the North Campus. Louise Chamberlain stated she would like the City to keep the North Campus property so that it can be used as public property to be enjoyed by everyone in the community and not sold to a developer to build houses on it. No one else requested to speak on this item. Mayor King closed the public comment. Councilmember Waltonsmith acknowledged that she along with Councilmember Kao asked that this item be agendized so they could discuss the option to include questions about the sale of the North Campus on the Community Survey. Since the Community Survey is about asking residents for their input regarding the financial issues and goals of the City it would also be a great opportunity to seek input from our residents regarding the sale or uses of the North Campus. She added that it is important to slow down the property sale process in order to hear Minutes 7 October 5, 2005 31 from our community before moving forward with the sale. Councilmember Kao stated that after Council voted 3-2 to sell the North Campus there has been an out pour of support to keep the property. She added there is a group of citizens trying to raise enough money to purchase the property from the City to be retained for public use. She noted that she strongly supports including a question in the Community Survey regarding the sale of the North Campus for financial reasons. Councilmember Streit noted that he disagrees with some of the comments stated this evening that there hasn't been sufficient public notification and processes for public input and discussion regarding this item. He added there have been a significant number of noticed public meetings where this topic has been agendized. He believes the best thing for the City of Saratoga is to sell this property and replenish the reserves that were drained when the City purchased this property. At the present time, if there was a major issue in this community, such as a major hillside slide, we don't have the financial reserves to recover from it and he is not in favor of slowing down the sale of this property at this time from that standpoint. He added that he has great reservations of adding a question on the Community Survey about this property sale if he wasn't able to educate the residents about the current situation of the City's finances. Vice Mayor Kline concurred with Councilmember Streit's opinions and stated that the North Campus issue and process has been very long and very public — including a significant number of public workshops, public meetings, and many votes in a public setting for four years. He added the City hasn't owned this property for many, many years; it was only recently purchased for a specific reason and not for a community center. It was purchased strictly with the intention of relocating the Senior Center to the North Campus and to move the Sheriff's Office into that space. He noted that residents pay their taxes so that the City can maintain the roads and infrastructure in the community and that is where the money from the sale of this property would go — Capital Improvements — not operations and not on-going revenue. He added that there is no official survey at the moment — it has been discussed, however, it has not been decided. Mayor King noted that leadership is about making decisions that you don't like to make We've talked about our community priorities and they are: (1) safety; (2) roads; (3) planning; (4) revitalizing our commercial districts; and (5) recreation. She noted that she feels strongly that if the city's roads and community safety is in worse shape then when she became a member of the City Council she would not be proud. She added that if this property is sold she would like the funds from the sale of that property, at least the funds that were taken out of the General Fund and Reserve Fund used to purchase the property, put back into the General Fund and the Reserve Fund as an endowment for our roads. Any additional funding that would come in above what was spent on purchasing the property could be used for community use. Vice Mayor Kline noted that as we go through the survey process we will have a better understanding of what we could expect from a survey like this; it is a limited focused amount of information. We will go through the process and the end result could be that we don't proceed with a survey at all. Minutes 8 October 5, 2005 32 Mayor King thanked everyone for sharing their opinions and comments. NEW BUSINESS 7. REQUEST FROM THE ROTARY CLUB OF SARATOGA TO SUPPORT THE 4TH ANNUAL MUSTARD WALK AND REQUEST FOR A MONETARY CONTRIBUTION STAFF RECOMMENDATION: 1. Approve Temporary Use Permit to hold the event February 5, 2006 2. Allow a promotional banner to be placed at the comer of Fruitvale and Saratoga Avenue 3. Adopt budget resolution appropriating funds RESOLUTION: 05-061 Ann Sullivan, Deputy City Clerk, presented the staff report. Deputy City Clerk Sullivan explained that the 4th Annual Mustard Walk is scheduled for Sunday, February 5, 2006, and once again the Saratoga Rotary has volunteered to sponsor the event. Deputy City Clerk Sullivan noted that the Saratoga Rotary has requested that the City Council allow the use of the Warner Hutton House, Heritage Orchard, and City parking lot. The Rotary has also requested a matching monetary contribution of $750, which will be matched by a local corporate sponsor. Deputy City Clerk Sullivan explained that these funds would be used to cover costs for the Mustard Walk including: publicity, food, banner up -dating and repair, and incidentals. Invoices will be paid through the Rotary. Ms. Sullivan stated that the City was also being asked to donate $600 for renting the space at Blaney Plaza to hang the banner advertising the event. She pointed out that this was a new fee this year due to the fact that the City is no longer sponsoring the event. She added that last year the City made a monetary contribution of $1,000; funded by the Council Contingency Fund. Mayor King invited public comment. The following person requested to speak on this item: Jim LeBlanc, President-elect of the Saratoga Rotary Club, noted that there is an additional charge of $300 for the temporary use permit and the Rotary is hopeful that Council will absorb that cost as well. No one else requested to speak on this item. Mayor King closed the public comment period. Mayor King noted that the City will be celebrating it's 50th anniversary next year and since the Mustard Walk will be the first community event next year it should Minutes 9 October 5, 2005 33 be a big event. She suggested allocating $2,000 from the Council Contingency Fund to help cover costs of the event. KING/WALTONSMITH MOVED TO ADOPT BUDGET RESOLUTION APPROPRIATING $2000 FROM COUNCIL CONTINGENCY FUND TO HELP SPONSOR THE ANNUAL MUSTARD WALK PAYABLE TO THE SARATOGA ROTARY CLUB. MOTION PASSED 5-0-0. 8. VILLAGE TREE LIGHTING CEREMONY STAFF RECOMMENDATION: Accept report and direct staff accordingly. RESOLUTION: 05-062 Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that in 2001 the Council established an Economic Development program to help revitalize the Village and one of the first activities that was established was a tree lighting ceremony. This ceremony was held the Friday after Thanksgiving in concert with the Village Open House. This event has become very popular and has seen an increase in attendance each year. Unfortunately, the Economic Development program has been cut due to budget reductions. In past years staff has prepared posters, placed ads in the Saratoga Newspaper, and decorated Blaney Plaza. The cost of these activities is approximately $2,000. If Council desires to have the same type of event as in past years, funding is needed. Staff asks Council to adopt a resolution allocating funding for this event. Councilmember Waltonsmith inquired about the amount of money left in the Council Contingency Fund and it was determined that there is a remaining balance of $6,000. Vice Mayor Kline inquired about the type of events that would be taking place in the Village after the tree lighting ceremony and, if the Chamber was going to be involved. Ms. Tinfow noted that she has spoken with staff at the Chamber of Commerce; however, it was unclear as to what their role will be. Vice Mayor Kline noted the Village merchants have always been very instrumental in planning the holiday open house activities and suggested that maybe next year the Chamber becomes more involved by sponsoring this event in the future. The City will still continue with the tree lighting ceremony and the Chamber could announce the entire event as a chamber sponsored event. Councilmember Kao noted that at the last Chamber of Commerce meeting they did discuss this event; however, she was unsure as to what their commitment would be. Vice Mayor Kline noted that the City should still continue with the tree lighting Minutes 10 October 5, 2005 34 tradition this year even though it is unclear about the Chamber's plans for the Village Open House. As in the past, the merchants will still be open to celebrate the holiday kick off. Councilmember Waltonsmith voiced her concern that if the Chamber doesn't have an open house maybe we should include in our motion that we will only have the tree lighting ceremony and cancel everything else. Mayor King noted that she concurs with Vice Mayor Kline and if the Chamber isn't involved this year, hopefully they will be more involved next year. City Manager Dave Anderson added that the Village merchants started the open house event several years ago as a great opportunity to kick off the holiday season; and irrespective if the Chamber is involved, the individual businesses will be participating in something and we can all work collectively to more formally organize this event in future years. KLINE/KAO MOVED TO ADOPT RESOLUTION AMENDING THE FY 05- 06 BUDGET FOR AN APPROPRIATION OF $2,000 FROM THE COUNCIL CONTINGENCY FUND TO BE ALLOCATED TO THE ANNUAL VILLAGE TREE LIGHTING CEREMONY. MOTION PASSED 4-0-1 WITH COUCILMEMBER WALTONSMITH ABSTAINING. 9. VILLAGE TASK FORCE FORMATION STAFF RECOMMENDATION: Authorize the creation of the Village Task Force and its proposed composition. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that at the last meeting Council approved moving forward with a strategy to revitalize the Saratoga Village. The first step in the process is to designate a community group to work with the Village Ad Hoc Committee and staff to update the Village Plan. Assistant City Manager Tinfow explained that the Village Ad Hoc Committee proposes the formation of a 9 -member Task Force composed of the following: • Two Councilmembers • Three Village business representatives (property owners and non -property owners) • One representative from the Saratoga Village Development Council (SVDC) • One representative from the Planning Commission • One representative from the Chamber of Commerce • One representative from the Heritage Preservation Commission Assistant City Manager Tinfow noted that specific community members have been identified by the Ad Hoc Committee to participate and some have been approached to determine their interest, depending Council decision. Assistant City Manager Tinfow explained that the group would meet monthly at a Minutes 11 October 5, 2005 35 time and location determined by the members for a period not to exceed one year. She also pointed out that the group would review and update the Village Plan and bring it to Council for consideration within 4-6 months. With Council's approval this evening, the first meeting would be scheduled for October. Councilmember Waltonsmith asked which Councilmembers would be on the proposed Task Force. Mayor King responded that she and Vice Mayor Kline would be the Council representatives on the Task Force. Mayor King commented most cites in Santa Clara County have Redevelopment Agencies, which make it a lot easier to invest in your Village vitality. In regards to the SVDC, Mayor King stated that they need to work with the City more closely regarding their proposed projects. Vice Mayor Kline concurred with Mayor King in regards to the SVDC and added that this group has never formalized their organization, which makes it hard for the City to get involved with their projects. Vice Mayor Kline requested that Mayor King be the chair of the Task Force. Mayor King noted she would be happy to chair the Task Force after the Council reorganization in December. KLINE/STREIT MOVED TO APPROVE THE FORMATION OF THE VILLAGE TASK FORCE AND ITS PROPOSED COMPOSITION. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Kathleen King — reported: Hakone Foundation Liaison — the Foundation noted their financial statements for this year looks great compared to a year ago. Santa Clara County Association — the Association will be looking for a new executive director due to the recent resignation of their current executive director. West Valley Mayors and Managers Association — discussed annexation and added that Monte Sereno is moving forward with theirs; Los Gatos has had a lot of concerns voiced by some of their residents. They also talked about the benefits of the new Campbell Light Rail service. Vice Mayor Norman Kline — reported: Valley Transportation Authority PAC — Board accepted a one-half cent sales tax for road repairs. Library Joint Powers Association — he just completed a year of co-chairing a committee that was doing research on RFID technology. He explained that RFID (Radio Frequency Identification) is the latest technology used to reduce the amount of time required to perform library circulation operations. The Committee will report to the Board not to implement this technology at this time as there are some issues that need to be refined. Valley Transportation Authority PAC — The VTA PAC recommended to the Board that they accept Silicon Valley Leadership Groups' recommendation to implement a .25 cent sales tax with a large portion of that tax going towards the cities for roads — including Minutes 12 October 5, 2005 36 bicycles and trails. The Board discussed the recommendation and they are very much in agreement with the recommendation. Councilmember Nick Streit — reported: West Valley Solid Waste Joint Powers Association — RFP has been sent out for a solid waste and recycling contract and the proposals are due back mid November. A board meeting will be set for the end of November or early part of December to begin reviewing the process. They hope to have the new contract on line by January or early February of 2006. The new contractor would have a year to prepare for service beginning March 1, 2007. City/School AdHoc — met with the new principal of Saratoga High School. The school representatives reassured the City they would work with the Pop Warner group and the neighbors regarding the issue of the use of the public announcement system. Councilmember Aileen Kao — reported: Chamber of Commerce — met last week and they noted Celebrate Saratoga was a great success; although the Board did not disclose the profits from that event. They also discussed the November 25th Village Open House, however, they didn't commit to the Chamber's participation. County HCD Policy Committee — will be meeting at 5:30 on Thursday, October 27th Peninsula Division, League of California Cities — the third training session is scheduled for October 20th and will be held in Mountain View. Councilmember Ann Waltonsmith — reported: KSAR Community Access TV Board — the new contract is moving forward and KSAR is on its way to becoming a non-profit. Northern Central Flood Control Zone Advisory Board — the Board will be adopting new water rates and the 2005/2006 rates will increase by 4 percent. They are also looking for other water districts to help provide water resources for Santa Clara County. Saratoga Historic Foundation — the next meeting will be November 16th and she is hopeful that each council member will be signed up as a member by then. The Foundation is planning to invite the Council to their grand re -opening later this month. Sister City — met last evening and the Taiko drum group is planning on hosting about 40 dignitaries from Muko Japan during the City's 50th anniversary celebration next September. They are planning a large banquet September 23 and 24th for the Muko visitors. CITY COUNCIL ITEMS Mayor King reported that Villa Montalvo will be having an Open House and she asked staff to include the date and time in this week's Council Newsletter. OTHER None CITY MANAGER'S REPORT City Manager Dave Anderson informed the Council that Finance Director Braucht worked on tabulating the results of Council's CIP priority setting discussion that was held in the Adult Care Center prior to this evening's Regular Meeting. He distributed copies to the Council. Minutes 13 October 5, 2005 37 Mayor King adjourned the regular meeting at 9:40 p.m. and announced that Council would reconvene in the Administrative Conference Room to continue discussion of Closed Session items. ANNOUNCEMENT OF CLOSED SESSION ITEMS Conference with Legal Counsel — Existing Litigation: Jones v. Saratoga et al. Santa Clara County Superior Court No. 1 -03 -CV -010545. Conference with Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO ADJOURNED TO CLOSED SESSION REPORT FROM CLOSED SESSION Mayor King announced that there was no reportable information from Closed Session. Respectfully submitted, City Clerk Minutes 14 October 5, 2005 38 SARATOGA CITY COUNCIL MEETING DATE: May 2, 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 19, 2012 April 25, 2012 REPORT SUMMARY: Attached are Check Registers for: Date Check No. Issued to Fund Dept. Purpose Amount Prior Check Register 120000 Electrical Distributors Starting Ending Check Village LED Street Lights 143,438.77 Checks Ending Check Type of Checks Date Check No. No. Total Checks Amount Released Date No. Accounts Payable 4/19/12 119959 119984 26 52,028.15 04/19/12 4/10/12 119958 Accounts Payable 4/25/12 119985 120034 50 249,865.97 04/25/12 4/19/12 119984 Accounts Payable checks issued for $20,000 or greater: Date Check No. Issued to Fund Dept. Purpose Amount 4/25/12 120000 Electrical Distributors CIP Grant - Streets PW Village LED Street Lights 143,438.77 Accounts Payable checks voided during this time period: AP Date Check No. Issued to Status Amount None 39 Cash reductions by fund: Fund # Fund Description 04/19/12 04/25/12 Total 111 General Fund 18,962.74 58,435.67 77,398.41 212 Saratoga Housing & Rehab. Pgm. - 231 Village Lighting - 232 Azule Lighting - 233 Sarahills Lighting - 241 Arroyo de Saratoga Landscape - 242 Bonnet Way Landscape - 243 Carnelian Glen - 244 Cunningham/Glasgow Landscape - 245 Fredericksburg Landscape - 246 Greenbriar Landscape - 247 Kerwin Ranch Landscape - 248 Leutar Court Landscape - 249 Manor Drive Landscape - 251 McCartysville Landscape - 252 Prides Crossing Landscape - 253 Saratoga Legends Landscape 249.56 249.56 254 Sunland Park Landscape 537.61 537.61 255 Tricia Woods Landscape - 271 Beauchamps Landscape - 272 Bellgrove Landscape - 273 Gateway Landscape - 274 Horseshoe Landscape/Lighting - 275 Quito Lighting 13,200.00 13,200.00 276 Tollgate LLD - 277 Village Commercial Landscape - 311 Library GO Bond Debt Service 7,557.60 7,557.60 411 CIP Street Projects 4,917.73 4,917.73 412 CIP Park & Trail Projects 2,424.20 2,424.20 413 CIP Facility Projects 10,921.20 16,561.12 27,482.32 414 CIP Admin Projects 12,962.94 12,962.94 421 Tree Fund 505.58 505.58 431 Grant Fund - CIP Streets 144,841.12 144,841.12 432 Grant Fund - Parks & Trails 2,800.00 2,800.00 481 Gas Tax Fund - 611 Liability/Risk Mgt 2,221.07 2,221.07 612 Workers' Comp - 621 Office Support 1,413.00 1,413.00 622 IT Services 1,204.00 1,204.00 623 Vehicle & Equipment Maint 4.18 4.18 624 Building Maintenance 323.00 1,851.80 2,174.80 632 IT Equipment Replacement - TOTAL 52,028.15 249,865.97 - - - 301,894.12 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 40 SUNGARD PUBLIC SECTOR DATE: 04/19/2012 TIME: 18:34:06 PAGE NUMBER: 1 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120419 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119959 04/19/12 11111 119960 04/19/12 11111 119961 04/19/12 11111 119962 04/19/12 11111 119963 04/19/12 11111 119964 04/19/12 11111 119965 04/19/12 11111 119966 04/19/12 11111 11111 11111 TOTAL 119967 119967 119967 CHECK 11111 119968 11111 119968 TOTAL CHECK 119969 119970 119971 119972 119973 119974 119975 119976 119977 119978 119979 119980 119981 119982 04/19/12 04/19/12 04/19/12 VENDOR 27 ABAG PLAN CORPORATION 500 ABHIJIT AND QEUNTINE ACH 656 AMERICAN PAYROLL ASSOCIA 500 ATUL SHARMA 314 BAY TELECOM 1025 BILL BROWN CONSTRUCTION 500 BRYAN SHISLER 607 BUDGET FLOORING 1013 1013 1013 04/19/12 1027 04/19/12 1027 04/19/12 564 04/19/12 552 04/19/12 1051 04/19/12 500 04/19/12 04/19/12 491 04/19/12 624 04/19/12 135 04/19/12 156 04/19/12 04/19/12 04/19/12 04/19/12 04/19/12 CAL SPORTS CLUB CAL SPORTS CLUB CAL SPORTS CLUB BUDGET UNIT 6118401 111 1113101 111 4149414-001 412 111 4139374-002 1116101 1116101 1116101 COBALT POWER SYSTEMS, IN 413 COBALT POWER SYSTEMS, IN 4139341-002 DE LAGE LANDEN PUBLIC FI DEPARTMENT OF JUSTICE ELSDON, INC. EMIR PASIC 487 HOLLOWAY, GARY L HUMAN BEHAVIOR ASSOCIATE LABOR CONSULTANTS OF CA NORTH BAY BLDG MAINTENAN OKIN,YELENA 6213102 1113301 1113301 111 1116101 1113301 4329222-005 6246202 1116101 500 ROBERT AND NAHRIN MANASH 111 729 SARATOGA SCHOOL OF DANCE 1116101 165 SHN GROUP SALES 1116101 248 STATE OF CA FRANCHISE TA 111 500 TAN KEN SUE AND HI NIANG 111 41 DESCRIPTION CLAIM#071151 REFUND ARB11-0027 ANNUAL DUES 2012 REFUND 04-297 HARDWARE/MATERIALS RETENTION PYMT PO#074 REFUND 05-127 LIB WORKROOM/FLOOR INSTRUCTOR - ARCHERY INSTRUCTOR - ARCHERY INSTRUCTOR - ARCHERY RETENTION HELD PO#080 CORP YARD SOLAR PROJ COPIER 03/21-04/20 FINGERPRINT FEES 3/12 3/16/12 CONSULTING REFUND - FACILITY TOUR 04/19/2012 EAP SRV 03/12 MONITORING HKG ADA RAM WKLY SVC 04/01-04/07 INSTRUCTOR - BEADING REFUND 06-160 INSTRUCTOR - DANCE EXCURSION 9/5/2012 DED:2011 FTB W/H REFUND 05-126 SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 2,221.07 2,020.00 219.00 747.09 12,962.94 2,424.20 2,142.50 7,071.00 0.00 84.00 0.00 168.00 0.00 84.00 0.00 336.00 0.00 -427.80 0.00 4,278.00 0.00 3,850.20 0.00 1,413.00 0.00 111.00 0.00 2,000.00 0.00 300.00 0.00 250.00 0.00 779.00 0.00 2,800.00 0.00 323.00 0.00 29.00 0.00 2,217.50 0.00 46.24 0.00 3,220.00 0.00 100.00 0.00 674.48 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 04/19/2012 CITY OF SARATOGA ACCTPA21 TIME: 18:34:06 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120419 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 11111 11111 TOTAL 119983 119983 119983 CHECK 11111 119984 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT 04/19/12 500 04/19/12 500 04/19/12 500 VENDOR THANG DO THANG DO THANG DO BUDGET UNIT 111 111 111 04/19/12 1032 UNITED STATES TREASURY 111 DESCRIPTION REFUND - GEO07-0008 REFUND- ARB07-0027 REFUND MILL11-0003 DED:2012 IRS LEVY SALES TAX 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 AMOUNT 625.93 1,570.00 1,170.00 3,365.93 405.00 52,028.15 52,028.15 52,028.15 SUNGARD PUBLIC SECTOR DATE: 04/25/2012 TIME: 14:52:07 PAGE NUMBER: 1 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120425 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 119985 11111 119986 11111 119987 04/25/12 197 04/25/12 970 04/25/12 641 11111 119988 04/25/12 641 11111 119988 04/25/12 641 TOTAL CHECK 11111 119989 04/25/12 369 11111 119989 04/25/12 369 11111 119989 04/25/12 369 TOTAL CHECK 11111 119990 04/25/12 1052 11111 119991 04/25/12 95 11111 119991 04/25/12 95 TOTAL CHECK 11111 119992 04/25/12 825 11111 119992 04/25/12 825 TOTAL CHECK 11111 119993 04/25/12 749 11111 119994 04/25/12 250 11111 119994 04/25/12 250 TOTAL CHECK 11111 119995 04/25/12 528 11111 119995 04/25/12 528 TOTAL CHECK 11111 119996 04/25/12 211 11111 119996 04/25/12 211 11111 119996 04/25/12 211 TOTAL CHECK 11111 119997 04/25/12 500 11111 119997 04/25/12 500 TOTAL CHECK 11111 119998 04/25/12 366 11111 119999 04/25/12 390 11111 120000 04/25/12 390 11111 120001 04/25/12 651 11111 120001 04/25/12 651 VENDOR BUDGET UNIT ARROWHEAD MOUNTAIN SPRIN 6246202 ATKINSON,ANDELSON,LOYA,R 1113301 BKF ENGINEERS BKF ENGINEERS BKF ENGINEERS BORTZ, SHERI L BORTZ, SHERI L BORTZ, SHERI L CALCPA CAL -WEST LIGHTING & SIGN CAL -WEST LIGHTING & SIGN CANDACE TROY CANDACE TROY CHESS WIZARDS 4119122-004 4119122-001 4319122-001 1116101 1116101 1116101 1113101 2535302 1115301 1116101 1116101 1116101 COTTON SHIRES AND ASSOCI 111 COTTON SHIRES AND ASSOCI 111 DAVID . GATES & ASSOCIAT 4319142-010 DAVID . GATES & ASSOCIAT 4119142-010 DEEP CLIFF GOLF COURSE DEEP CLIFF GOLF COURSE DEEP CLIFF GOLF COURSE DEREK WOLFGRAM DEREK WOLFGRAM ECONOMIC DRIVING SCHOOL ELECTRICAL DISTRIBUTORS ELECTRICAL DISTRIBUTORS ELLA CHEKHANOVSKAYA ELLA CHEKHANOVSKAYA 1116101 1116101 1116101 1112101 1116101 6246202 4319138-001 1116101 1116101 43 DESCRIPTION MTHLY SRV 03/07-04/06 LEGAL SRVCS 03/12 HWY 9 PHASE II IMPVTS HWY 9 PHASE II IMPVTS HWY 9 PHASE II IMPVTS INSTRUCTOR - YOGA INSTRUCTOR - YOGA INSTRUCTOR - YOGA MEMBERSHIP 5/12-4/13 RPR OUTAGES/LEGENDS RPRS-LEGENDS/LIBRARY INSTRUCTOR - PAINTING INSTRUCTOR - PAINTING CHESS WIZARDS GEO SRV GE012-0003 GEO SRV GE012-0001 VILLAGE PED ENH PHASE VILLAGE PED ENH PHASE INSTRUCTOR - GOLF INSTRUCTOR - GOLF INSTRUCTOR - GOLF 4/26/12 EVENT 4/26/12 EVENT INSTRUCTOR -DRIVERS ED SUPPLIES - FACILITIES VILLAGE LED ST LIGHTS INSTRUCTOR - GYM INSTRUCTOR - GYM SALES TAX 0.00 0.00 0.00 AMOUNT 97.38 812.50 4,495.00 0.00 116.25 0.00 897.23 0.00 1,013.48 0.00 268.00 0.00 134.00 0.00 637.50 0.00 1,039.50 0.00 329.00 0.00 249.56 0.00 1,115.41 0.00 1,364.97 0.00 204.75 0.00 210.00 0.00 414.75 0.00 1,200.00 0.00 1,585.41 0.00 1,514.30 0.00 3,099.71 0.00 505.12 0.00 126.28 0.00 631.40 0.00 477.36 0.00 216.84 0.00 108.42 0.00 802.62 0.00 50.00 0.00 25.00 0.00 75.00 0.00 90.00 0.00 261.25 0.00 143,438.77 0.00 163.09 0.00 56.36 SUNGARD PUBLIC SECTOR DATE: 04/25/2012 TIME: 14:52:07 PAGE NUMBER: 2 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120425 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO 11111 120001 11111 120001 11111 120001 11111 120001 11111 120001 TOTAL CHECK 11111 120002 11111 120003 11111 11111 TOTAL 11111 11111 TOTAL 120004 120004 CHECK 120005 120005 CHECK 120006 120006 120006 120006 120006 CHECK 120007 120007 120007 120007 120007 120007 120007 CHECK 11111 120008 11111 120008 TOTAL CHECK 11111 11111 11111 TOTAL 120009 120010 120011 120012 120012 120012 CHECK 11111 120013 ISSUE DT 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 VENDOR BUDGET UNIT 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 651 ELLA CHEKHANOVSKAYA 04/25/12 416 04/25/12 682 04/25/12 455 04/25/12 455 04/25/12 742 04/25/12 742 04/25/12 520 04/25/12 520 04/25/12 520 04/25/12 520 04/25/12 520 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 1116101 1116101 1116101 1116101 1116101 EVANS WEST VALLEY SPRAY 1115301 FEHR ENGINEERING COMPANY 4139314-002 GARDENLAND POWER EQUIPME 1115301 GARDENLAND POWER EQUIPME 1115301 GIULIANI & KULL, INC 4139363-003 GIULIANI & KULL, INC 4139363-003 FUN FUN FUNDAMENTALS FUN FUN FUNDAMENTALS FUN FUN FUNDAMENTALS FUN FUN FUNDAMENTALS FUN FUN FUNDAMENTALS 1116101 1116101 1116101 1116101 1116101 14 HYDROTEC IRRIGATION EQUI 4139374-002 14 HYDROTEC IRRIGATION EQUI 4139374-002 14 HYDROTEC IRRIGATION EQUI 2545302 14 HYDROTEC IRRIGATION EQUI 4219211-002 14 HYDROTEC IRRIGATION EQUI 1115301 14 HYDROTEC IRRIGATION EQUI 1115301 14 HYDROTEC IRRIGATION EQUI 1115301 04/25/12 19 04/25/12 19 04/25/12 500 04/25/12 178 04/25/12 04/25/12 04/25/12 04/25/12 IAN GEDDES TREE CARE, IN 2755302 IAN GEDDES TREE CARE, IN 2755302 KAREN KAWAMURA 111 LEAGUE OF CALIFORNIA CIT 1111101 831 MUSSON THEATRICAL, INC 110 NBS-GOVT FINANCE GROUP 110 NBS-GOVT FINANCE GROUP 110 NBS-GOVT FINANCE GROUP 04/25/12 892 4139322-001 3118601 3118601 3118601 NIMBUS CONSULTING GROUP 1113101 DESCRIPTION INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM INSTRUCTOR - GYM SPRAY/HAKONE GARDENS NEW CITY HALL PANEL SUPPLIES - PARKS SUPPLIES - PARKS DESIGN/PG&E EASEMENT DESIGN/PG&E EASEMENT INSTRUCTOR -BASKETBALL INSTRUCTOR -BASKETBALL INSTRUCTOR -BASKETBALL INSTRUCTOR -BASKETBALL INSTRUCTOR -BASKETBALL RPR/SARA LIBRARY RPR/SARA LIBRARY SPRINKLERS/SUNLAND PK INSTL BUBBLERS/MELLON RPR/CALABASAS RPR/SARATOGA AVE IRRI RPR/MELLON DR. MISTLETOE REMOVAL MISTLETOE REMOVAL REFUND - FACILITY DINNER MTG 3/22/12 THEATER LIGHTS SARA LIB PROJECT BOND SARA LIB PROJECT BOND SARA LIB PROJECT BOND CONSULTING SRV -SB 90 SALES TAX AMOUNT 0.00 112.73 0.00 197.27 0.00 64.22 0.00 191.27 0.00 288.98 0.00 1,073.92 0.00 500.00 0.00 1,500.00 0.00 474.29 0.00 152.00 0.00 626.29 0.00 542.50 0.00 240.00 0.00 782.50 0.00 185.85 0.00 294.00 0.00 235.20 0.00 205.80 0.00 147.00 0.00 1,067.85 0.00 652.31 0.00 534.54 0.00 537.61 0.00 505.58 0.00 107.17 0.00 119.46 0.00 213.23 0.00 2,669.90 0.00 12,320.00 0.00 880.00 0.00 13,200.00 0.00 300.00 0.00 40.00 0.00 5,888.00 0.00 1,500.00 0.00 1,750.00 0.00 4,250.00 0.00 7,500.00 0.00 900.00 SUNGARD PUBLIC SECTOR DATE: 04/25/2012 TIME: 14:52:07 PAGE NUMBER: 3 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120425 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT 11111 11111 11111 TOTAL 120014 120014 120014 CHECK VENDOR BUDGET UNIT 04/25/12 135 NORTH BAY BLDG MAINTENAN 6246202 04/25/12 135 NORTH BAY BLDG MAINTENAN 6246202 04/25/12 135 NORTH BAY BLDG MAINTENAN 6246202 120015 04/25/12 974 PATRICIA L. DAWIDOWICZ-K 1116101 120016 04/25/12 693 PREMIER WEST INTERIORS, 4139352-003 120017 04/25/12 1031 RUSCIANO CONSTRUCTION, I 4139352-003 120018 04/25/12 1 SANTA CLARA COUNTY CLERK 1115101 120019 04/25/12 91 SANTA CLARA VALLEY TRANS 1115101 120020 120020 120020 120020 120020 120020 120020 CHECK 11111 120021 11111 120021 11111 120021 11111 120021 TOTAL CHECK 04/25/12 729 SARATOGA SCHOOL OF DANCE 1116101 04/25/12 729 SARATOGA SCHOOL OF DANCE 1116101 04/25/12 729 SARATOGA SCHOOL OF DANCE 1116101 04/25/12 729 SARATOGA SCHOOL OF DANCE 1116101 04/25/12 729 SARATOGA SCHOOL OF DANCE 1116101 04/25/12 729 SARATOGA SCHOOL OF DANCE 1116101 04/25/12 729 SARATOGA SCHOOL OF DANCE 1116101 04/25/12 69 SASCC 1118301 04/25/12 69 SASCC 1118301 04/25/12 69 SASCC 1118301 04/25/12 69 SASCC 1118301 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 4119152-002 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 111 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 3118601 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 120023 04/25/12 154 SHUTE MIHALY & WEINBERGE 1118201 45 DESCRIPTION WKLY SVC 03/18-03/24 WKLY SVC 04/15-04/21 WKLY SVC 03/25-03/31 INSTRUCTOR - DANCE IT ROOM/GRACE BUILDNG ELECT/GRACE BUILDING COMPLETION NOTICE FEE MBR FEE Q3/12 & Q4/12 INSTRUCTOR - INSTRUCTOR - INSTRUCTOR - INSTRUCTOR - INSTRUCTOR - INSTRUCTOR - INSTRUCTOR - DANCE DANCE DANCE DANCE DANCE DANCE DANCE OP SUPPORT Q4/FY11-12 SUPPLEMENTAL Q4 ADULT DAYCARE Q4 REIM Q3 CDBG PYMT COM DEVELOPMENT CTY CLERKS OFFICE ADVANCED PLANNING QUITO RD BRIDGES REIMBURSABLE WORK COM DEVELOPMENT LITIGATION MGMT OFC HOURS/CNCL MTGS PUBLIC WORKS RECREATION CTY CLERKS OFFICE CITY MANAGER WESTLAW ADMIN SERVICES CODE ENFORCEMENT HUMAN RESOURCES REIM EXPENSES SIGN ORDINANCE SURFACE ORDINANCE COM DEVELOPMENT CODE ENFORCEMENT REIM EXPENSES SALES TAX AMOUNT 0.00 285.00 0.00 285.00 0.00 190.00 0.00 760.00 0.00 96.00 0.00 3,267.00 0.00 2,053.00 0.00 5.00 0.00 10,845.64 0.00 5.67 0.00 40.80 0.00 40.80 0.00 6.00 0.00 46.24 0.00 46.24 0.00 46.24 0.00 231.99 0.00 5,250.00 0.00 4,500.00 0.00 355.50 0.00 -7,137.50 0.00 2,968.00 0.00 181.80 0.00 172.10 0.00 19.80 0.00 180.20 0.00 4,267.00 0.00 5,164.80 0.00 19.20 0.00 2,841.60 0.00 1,785.60 0.00 192.00 0.00 1,862.40 0.00 1,113.60 0.00 32.77 0.00 57.60 0.00 115.20 0.00 76.80 0.00 19.98 0.00 3,072.00 0.00 979.20 0.00 180.00 0.00 4,155.00 0.00 60.00 SUNGARD PUBLIC SECTOR DATE: 04/25/2012 TIME: 14:52:07 PAGE NUMBER: 4 CITY OF SARATOGA ACCTPA21 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date='20120425 00:00:00.000' ACCOUNTING PERIOD: 10/12 FUND - 009 - DISBURSEMENT FUND CASH ACCT CHECK NO ISSUE DT TOTAL CHECK 11111 11111 TOTAL 120024 120024 CHECK 120025 120026 120027 120028 120029 120030 120031 120032 120033 120034 TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT 04/25/12 236 04/25/12 236 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 04/25/12 VENDOR SOLECTRIC ELECTRICAL SOLECTRIC ELECTRICAL 932 STANLEY SECURITY SOLUTIO 587 STATE BOARD OF EQUALIZAT 826 STEFAN BAUMANN 266 SUNGARD PUBLIC SECTOR IN 288 TARGET SPECIALITY PRODUC 396 US POSTMASTERS 402 VISTA LANDSCAPE & MAINTE 901 WAXIE SANITARY SUPPLY 902 WEST VALLEY TRAILWAYS 696 ZAG TECHNICAL SERVICES, BUDGET UNIT 1115301 4139374-002 4139322-005 6235202 1116101 6223201 1115301 1116101 1115301 6246202 1116101 6223201 DESCRIPTION RPR/SARA LIBRARY RPR/SARA LIBARARY INSTALL 3 DOOR HARDWAR FUEL TAX 01/12-03/12 INSTRUCTOR - PAINTING MTHLY MAINT 05/12 FIELD DAY 2012 MAIL PERMIT #136 RPR/CONGRESS SPRING JANITORIAL SUPPLIES EXCURSION 05/03/12 IT SUPPORT SERVICES SALES TAX 0.00 0.00 0.00 0.00 AMOUNT 26,548.65 453.90 902.77 1,356.67 0.00 981.00 0.00 4.18 0.00 1,141.88 0.00 379.00 0.00 69.00 0.00 190.00 0.00 1,080.00 0.00 733.17 0.00 1,117.00 0.00 825.00 0.00 249,865.97 0.00 249,865.97 0.00 249,865.97 SARATOGA CITY COUNCIL MEETING DATE: May 2, 2012 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Mary Furey SUBJECT: Treasurer's Report for the Month Ended March 31, 2012 RECOMMENDED ACTION Review and accept the Treasurer's Report for the month ended March 31, 2012. REPORT SUMMARY California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial transaction data for the City of Saratoga's Funds collectively as well as specifically for the City's General (Operating) Fund, including an attachment from the State Treasurer's Office of Quarterly LAIF rates from the 1St Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of March 31, 2012, the City had $576,736 in cash deposit at Comerica bank, and $12,100,910 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of March 31, 2012 is $12,677,646 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 576,736 Deposit with LAIF $ 12,100,910 Total Unrestricted Cash $ 12,677,646 47 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance — which represents the actual amount of funds available. Adjusting Cash to Ending Fund Balance Total Unrestricted Cash $ 12,677,646 Plus: Assets 937,404 Less: Liabilities (1,324,928) Ending Fund Balance $ 12,290,122 Fund Balances Designations In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This standard left unchanged the total amount reported as fund balance, but substantially altered the categories and terminology used to describe its components. The new categories and terminology focus, not on financial resources available for appropriation, but on the extent to which the government is bound to honor constraints on the specific purpose for which the amounts in the fund can be spent. The components of fund balance are now categorized as follows: "non -spendable fund balance", resources that are inherently non -spendable from the vantage point of the current period; "restricted fund balance", resources that are subject to external enforceable legal restrictions; "committed fund balance", resources whose use is constrained by limitations that the government imposes upon itself at its highest level of decision making and remain binding unless removed in the same manner; "assigned fund balance", resources that reflects a government's intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and "unassigned fund balance", net resources in excess of what can properly be classified in one of the other four categories. Currently, the City's fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A 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 was included in the packet made available on the City's web site in advance of the 48 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 A — Change in Total Fund Balances by Fund under GASB 54 B — Change in Total Fund Balances by CIP Project C — Change in Cash Balance by Month D — Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 49 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Description Fund Balance 7/1/11 Increase/ (Decrease) Jul -Feb Current Revenue Current Expenditure Transfers Fund Balance 3/31/12 Restricted Fund Balances: Environmental Services 513,182 - - - - 513,182 Committed Fund Balances: Hillside Stability 500,000 - - - - 500,000 Assigned Fund Balances: Capital Projects 500,000 - (160,000) 340,000 Carryforwards 326,900 - - - - 326,900 Unassigned Fund Balances: Operations 2,903,522 - - - - 2,903,522 Economic Uncertainty 1,500,000 - - - - 1,500,000 Development Services 632,380 - - - - 632,380 Uncollected Deposits 44,791 - - - - 44,791 Other Unassigned 563,290 (513,904) 1,055,397 1,150,179 33,947 (11,449) Subtotal 7,484,065 (513,904) 1,055,397 1,150,179 (126,053) 6,749,326 Special Revenue Landscape/Lighting Districts 504,125 23,034 17,715 20,442 - 524,431 CDBGFederalGrants - 1,010 (1,010) - - - Capital Project Street Projects 1,906,037 (358,575) 31,946 72,165 181,412 1,688,655 Park and Trail Projects 959,923 (333,240) - (922) - 627,606 Facility Improvement Projects 942,051 (176,281) 390 15,153 56,093 807,098 Administrative Projects 147,329 (7,119) - 643 19,548 159,115 Tree Fund 36,771 (1,686) - 234 - 34,851 CIP Grant Street Repair Projects (9,850) (547,287) 198,496 50,073 - (408,714) CIP Grant Park & Trail Projects (40,302) (121,425) 1,010 25,702 - (186,420) CIP Grant Administrative Projects 810 11,485 (8,878) - - 3,418 Gas Tax Fund 532,645 (79,667) 190,022 114,739 (106,000) 422,261 Debt Service Library Bond 850,657 (378,748) 1,483 1,021 - 472,371 Internal Service Fund Liability/Risk Management 134,905 (47,857) - 15,978 - 71,070 Workers Compensation 224,104 4,483 - 46,363 - 182,225 Office Support Services Fund 15,831 1,938 1,255 5,399 - 13,625 Information Technology Services 231,063 69,024 - 25,356 - 274,731 Equipment Maintenance 42,817 15,362 - 14,975 - 43,204 Building Maintenance 208,518 86,649 - 53,111 - 242,056 Equipment Replacement 331,373 68,657 - - - 400,030 Technology Replacement 185,567 9,114 - 499 (25,000) 169,182 Total City 14,688,437 (2,275,033) 1,487,826 1,611,109 - 12,290,122 50 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Projects Fund Balance 7/1/11 Increase/ (Decrease) Jul -Feb Current Revenue Current Expenditure Transfers Fund Balance 3/31/12 Street Projects Traffic Safety 129,793 (70,142) - - 50,000 109,651 Highway 9 Safety Project 36,033 (12,590) - 24,245 90,000 89,198 Annual Street Resurfacing Project 453,149 34,797 31,946 33,392 (121,781) 364,719 Annual Sidewalks Project 52,905 (98,393) - - 50,000 4,512 Saratoga Sunnyvale Road Resurfacing 99,011 - -- - 99,011 Traffic Signal @ Verde Vista Lane 90,000 - - - - 90,000 Fourth Street Bridge 100,000 -- - - 100,000 Quito Road Bridge Replacement Design 221,051 (14,187) - 38- 206,827 Village Facade Program 978 - - - (978) - SolarPowerRadarFeedbackSigns 24,158 - -- - 24,158 El Quito Area Curb Replacement 37,553 -- - - 37,553 Annual Storm Drain Upgrades 38,507 (77,843) - 7,030 50,000 3,635 Prospect Road Median 537 - -- (537) - Padero Erosion Mitigation 12,963 -- - - 12,963 Monte Vista Storm Drain 1,082 - - - (1,082) - Canyon View/Elva StormDrain 35,000 (25,000) - - - 10,000 Village-Streetscape Improvements 313,991 (92,871) -- - 221,120 Village -Phase 11 Construction 256,800 (2,347) - 7,461 65,790 312,782 Saratoga-Sunnyvale/Gateway Sidewalk 2,525 -- - - 2,525 Total Street Projects 1,906,037 (358,575) 31,946 72,165 181,412 1,688,655 Parks & Trails Hakone Garden Koi Pond 25 -- - (25) - EL Quito Park Improvements 10,999 (11,000) - - - - Hakone Garden Retaining Wall & D/W 137,379 - - - - 137,379 Hakone Garden Upper Moon House 375,000 -- - - 375,000 Park Restroom Improvements 57,589 -- - - 57,589 Lower House ADA Ramp - (1,010) - (1,010) - - Park/Trail Repairs 17,681 1,493 - - 25 19,200 Playground Safety Equipment 39,064 (9,240) -- - 29,824 Blaney Plaza Improvements 6,527 - -- - 6,527 Ravenswood Playground Improvement 65,626 (63,453) - 88 - 2,086 Tank Trail Repair 31 (31) - - - - Mid Pen O/S Land Purchase 250,000 (250,000) - - - Total Parks & Trails 959,923 (333,240) - (922) - 627,606 Facility Improvements Facility Projects 125,518 (24,408) - 1,595 47,948 147,464 Theater Improvement 76,653 (5,397) - 11,361 (2,572) 57,322 North Campus Improvements 120,446 (2,994) - - - 117,452 Corp Yard Solar Project 85,337 (5,000) - - (80,337) - Vehicle Structure Solar 125,000 (69,447) - - - 55,553 Library Improvements 335,596 (35,712) 390 1,447 - 298,827 SPCC Furniture & Fixtures 4,065 - -- - 4,065 HVAC System Upgrade - (24,082) - - 24,082 - Mus eumHVAC Unit Replacements - (5,542) - - 5,542 - City Hall Emergency Power Backup - (3,700) - 750 61,430 56,980 Electric Charging Stations 65,000 -- - - 65,000 McWilliams House Improvements 4,435 -- - - 4,435 Total Facility ImprovenImprovements 942,051 (176,281) 390 15,153 56,093 807,098 Administrative Projects Financial System Upgrade 3,534 -- - - 3,534 PW Document Imaging Project 80,815 (4,368) - - 10,000 86,448 CDD Document Imaging Project 22,907 (786) -- - 22,121 CMO Document Imaging Project 3,643 (1,965) - 293 - 1,385 NetworkCabing - - - - 25,000 25,000 IT Emergency Power Back Up 36,430 - - - (36,430) - Village Facade Program - - - 350 20,978 20,628 Total Administrative Projects 147,329 (7,119) - 643 19,548 159,115 Tree Fund Citywide Tree Planting Program 12,147 (313) - 234 - 11,601 SMSCF Tree Donation Program - 1,875 - - - 1,875 Tree Dedication Program 24,623 (3,248) - - - 21,375 Total Tree Fund 36,771 (1,686) - 234 - 34,851 CIP Grant Street Repair Projects (9,850) (547,287) 198,496 50,073 - (408,714) CIP Grant Park & Trail Projects (40,302) (121,425) 1,010 25,702 - (186,420) CtP Grant Administrative Projects 810 11,485 (8,878) - - 3,418 Gas Tax Fund 532,645 (79,667) 190,022 114,739 (106,000) 422,261 Total CIP Funds 4,475,413 (1,613,794) 412,987 277,787 151,053 3,147,871 51 ATTACHMENT C CASH BALANCE BY MONTH $20,000,000 $15,000,000 $10,000,000 $5,000,000 so Cash Balance ,677,646 July -11 August -11 September -11 October -11 November -11 December -11 January -12 February -12 March -12 52 ATTACHMENT D Local Agency Investment Fund Quarterly Apportionment Rates 53 March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 53 4r.poR? MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL May 2, 2012 AGENDA ITEM: Public Works CITY MANAGER: Dave Anderson Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer SUBJECT: Granting of Utility Easement to PG&E on Book -Go -Round Property RECOMMENDED ACTION: 1. Approve granting of utility easement on City -owned Book -Go -Round property to PG&E. 2. Authorize City Manager to sign the Easement Deed. REPORT SUMMARY: Proposed HVAC unit for the Museum building located in Historical Park is part of the ongoing City facilities improvements. This work requires PG&E electrical service upgrade. As common with most utility work, underground trenching will be included in the process. In order to avoid trenching under a large tree located on the Museum Property, the electrical underground connections are proposed to be located on the adjacent Book -Go -Round property. Although both properties are owned by the City, PG&E has requested that the City grant to PG&E an easement within a portion of Book -Go -Round Property for electrical wiring needed for the Historical Park properties. Attached is the Easement Deed and Resolution granting the easement on Book -Go -Round to PG&E for utility purposes. By granting the easement to PG&E, the City gives PG&E the right to construct, maintain, inspect and replace the underground utilities. No overhead utilities will be installed. It is recommended that the Council approve the attached Resolution and authorize City Manager to sign the Easement Deed. FISCAL IMPACTS: There is no cost associated with dedication the easement other than preparation of documents to be recorded. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Page 1 of 2 54 The Easement will not be granted at this time and PG&E will not upgrade electrical service. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: The Easement Deed will be forwarded to PG&E for their approval and recordation. 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. Easement Deed 2. Resolution granting an easement to PG&E 3. Vicinity Map Page 2 of 2 55 Distribution Easement (Rey. 01/11) RECORDING REQUESTED BY AND RETURN TO: PACIFIC GAS AND ELECTRIC COMPANY Land & Environmental Management 111 Almaden Boulevard, Room 814 San Jose, CA 95113 Location: City/Uninc Recording Fee $ Document Transfer Tax $ [ ] This is a conveyance where the consideration and Value is less than $100.00 (R&T 11911). [ ] Computed on Full Value of Property Conveyed, or [ 1 Computed on Full Value Less Liens & Encumbrances Remaining at Time of Sale Signature of declarant or agent determining tax (SPACE ABOVE FOR RECORDER'S USE ONLY) LD# EASEMENT DEED CITY OF SARATOGA, a municipal corporation, hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to construct, reconstruct, install, inspect, maintain, replace, remove, and use facilities of the type hereinafter specified, together with a right of way therefor, within the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situate in the City of Saratoga, County of Santa Clara, State of California, described as follows: (APN 517-10-012) The parcel of land described in the deed from Saratoga Union School District to City of Saratoga dated September 12, 1958 and recorded in Book 4210 of Official Records at page 552, Santa Clara County Records. Said facilities and easement area are described as follows: Such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, terminals, and transformers with associated concrete pads; and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the strip of land outlined by dashed lines as shown upon Exhibit "A" and described in Exhibit "B", attached hereto and made a part hereof. PG&E COPY 56 Distribution Easement Rev. (01/11) Grantor further grants to Grantee the right, from time to time, to trim or to cut down any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations. Grantor shall not erect or construct any building or other structure or drill or operate any well within said easement area. Grantor acknowledges that they have read the "Grant of Easement Disclosure Statement", Exhibit "C", attached hereto and made a part hereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. Dated: 57 CITY OF SARATOGA, a municipal corporation, By: Chuck Page, Mayor Date: Attest: Crystal Morrow, City Clerk Date: Distribution Easement Rev. (01/11) Approved as to Form & Legality: Richard Taylor, City Attorney Date: I hereby certify that a resolution was adopted On the day of , 20, by the authorizing the foregoing grant of easement. By Distribution Easement Rev. (0I/11) State of California County of On , before me, Here insert name and title of the officer personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY 1RY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public CAPACITY CLAMED BY SIGNER [ ] Individual(s) si•ning for oneself/themselves [ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s) [ ] Partner(s) of the above named Partnership(s) [ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other (Seal) 59 BASIS OF BEARINGS: THE BEARING OF SOUTH 44'04' EAST BEING THE SOUTHWESTERLY LINE OF SARATOGA — LOS GATOS ROAD, AS DESCRIBED IN GRANT DEED, RECORDED ON OCTOBER 23, 1958, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 4210 OF OFFICIAL RECORDS, AT PAGE 553, WAS USED AS BASIS OF BEARINGS. SARATOGA - LOS GATOS ROAD 54404 00"E 62.50' (BASIS OF BEARINGS) 50.48' POINT OF COMMENCEMENT 1- w w co 0 SCALE: 1"=20' 0 tri N N43 00'00"E iY 741 EASEMENT AREA N47100'00"W—}1 12.00' LANDS O CJ7Y /���//����/ / D.F SARA JG & B OOX �P 10 Df OF'F'ICIAL RECORDS), PryGE 55s APj\J 17-10-'cJ2 N44 04'0p W 62.50' 1 0 0 ti 543'00'00"W LEGEND PG&E EASEMENT (AREA = 604± S.F.) EXHIBIT "A" r Giuliani & Kull, Inc. • Engifeer� • Planners • Srirveyors 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 (408) 615-4000 Fax (408) 615-4004 Auburn s San Jose a Oakdale SCALE: 1 "=20' DATE: 2/29/12 PLAT TO ACCOMPANY LEGAL DESCRIPTION DRAWN: E.T. CHECKED: K.S. JOB NO.: 09153 SHEETS: 1 OF 1 PG&E EASEMENT OVER APN 517-10-012 SARATOGA, CALIFORNIA F8\2009\09153\dwg\09153ptat.dwg 1/17/2012 429'2B PM PST 60 Exhibit "B" Legal Description of a PG&E Easement over the City of Saratoga's Parcel of Land Located at the Southerly Intersection Of Oak Street and Saratoga -Los Gatos Road City of Saratoga, California All that certain real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: Commencing at the most northerly corner of the Lands of the City of Saratoga, as described in that certain grant deed, which was recorded on October 23, 1958, in Book 4210 of Official Records, at Page 552, in the Office of the Recorder, of Santa Clara County, State of California, said also being the point of intersection of the Southeasterly line of Oak Street in the Village of Saratoga with the Southwesterly line of that particular 5 foot strip of land conveyed by G.T. Oldham et all to the County of Santa Clara by Deed dated August 5, 1916, and recorded on August 8, 1916, in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 445 of Deeds, at Page 349; and thence along the Southwesterly line of said 5 foot strip now a part of the Saratoga -Los Gatos Road, said line also being the Northeasterly line of said Lands of the City of Saratoga as described in Exhibit "A", and said line being the Southwesterly Right of Way line of Saratoga -Los Gatos Road, South 44 °04'00° East, 50.48 feet, said point being on a line parallel, and 12.00 feet distant, measured at a right angle, with the Southeasterly boundary of said Lands of the City of Saratoga, as described in Exhibit "A", said point being the Point Of Beginning; Thence, continuing along the Northeasterly line of said Lands of the City of Saratoga, South 44 004100" East, 12.02 feet, to the most easterly corner of the lands of the City of Saratoga, as described in Exhibit "A"; Thence, along the Southeasterly line of the Lands of the City of Saratoga, as described in Exhibit "A," and parallel with the Southeasterly line of Oak Street, South 43°00'00" West, 50.00 feet; Thence, at a right angle, North 47°00'00" West, 12.00 feet, to a point on a line parallel, and 12.00 feet distant, measured at a right angle, with the Southeasterly boundary of said Lands of the City of Saratoga, as described in Exhibit "A"; Thence, along said parallel line, North 43°00'00" East, 50.61 feet, to the Point of Beginning. Containing an area of 604 square feet, more or Tess. Basis of Bearings: The bearing of South 44°04' East being the southwesterly line of Saratoga -Los Gatos Road, as described in that certain Grant Deed recorded on October 23, 1958, in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 4210 of Official Records, at Page 553, was used as the Basis of Bearings. End of Description. 61 1 Distribution Easement Rev. (01/11) Pacific Gas and Electric Company EXHIBIT "C" GRANT OF EASEMENT DISCLOSURE STATEMENT This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E's applicant. Please read this disclosure carefully before signing the Grant of Easement. • You are under no obligation or threat of condemnation by PG&E to grant this easement. • The granting of this easement is an accommodation to PG&E's applicant requesting the extension of PG&E utility facilities to the applicant's property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement. • By granting this easement to PG&E, the easement area may be used to serve additional customers in the area. Installation of any proposed facilities outside of this easement area will require an additional easement. • Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of having PG&E's contractors perform this work on your property, if available, or granting permission to PG&E's applicant or the applicant's contractor to perform this work. Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities. • The description of the easement location where PG&E utility facilities are to be installed across your property must be satisfactory to you. • The California Public Utilities Commission has authorized PG&E's applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant's contractor, to work on your property. Upon completion of the applicant's installation, the utility facilities will be inspected by PG&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant. By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records. 62 Distribution Easement Rev. (01/11) Area 3, De Anza Division San Jose Land Service Office Operating Department: Electric Distribution MDB&M, T.08S., R.02W., SECTION 1, SW% of SEl FERC License Number(s): N/A PG&E Drawing Number(s): SJL-14818 PLAT NO.: 1-13-10 LD of any affected documents: N/A LD of any Cross-referenced documents: N/A TYPE OF INTEREST: 4, 6, 43 SBE Parcel Number: N/A (For Quitclaims, % being quitclaimed): N/A Order # or PM #: 30859727 JCN: N/A County: SANTA CLARA Utility Notice Numbers: N/A 851 Approval Application No. N/A Decision N/A Prepared By: KCV2 Checked By: DANS 12, H. Revision Number:0 63 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING AN EASEMENT ON A PORTION OF CITY PROPERTY TO PACIFIC GAS AND ELECTRIC COMPANY FOR UTILITY PURPOSES WHEREAS, the City of Saratoga owns property known as the Saratoga Historical Park and Museum located at 20450 Saratoga -Los Gatos Road, APN 517-10-013 ("Museum Property); and WHEREAS, the City of Saratoga also owns adjacent property known as the Patterson Memorial Library located at 14410 Oak Street, APN 517-10-012 ("Book -Go -Round Property"); and WHEREAS, in order to upgrade electrical services for the Museum, electrical facilities for Museum Property must encroach on Book -Go -Round Property; and WHEREAS, the Pacific Gas and Electric Company, a California Corporation, has requested that the City of Saratoga grant to Pacific Gas and Electric Company an easement within a portion of Book -Go -Round Property for underground facilities use. NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SARATOGA hereby: 1. Grants to Pacific Gas and Electric Company an easement within a portion of real property owned by the City of Saratoga commonly known as Book -Go -Round Property in the form and as more particularly shown in Exhibit A (which exhibit includes the easement and description of the lands subject to the easement) attached hereto and incorporated herein by reference; and 2. Authorizes the City Manager to sign the Easement Deed document. Passed and adopted on the 2nd day of May, 2012 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: Attest: Crystal Morrow, City Clerk 326902.2 Chuck Page, Mayor City of Saratoga 64 BASIS OF BEARINGS: THE BEARING OF SOUTH 44'04' EAST BEING THE SOUTHWESTERLY LINE Of SARATOGA — LOS GATOS ROAD, AS DESCRIBED IN GRANT DEED, RECORDED ON OCTOBER 23, 1958, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, IN BOOK 4210 OF OFFICIAL RECORDS, AT PAGE 553, WAS USED AS BASIS OF BEARINGS. SARATOGA 1 - LOS GATOS ROAD _ ___. _ _____ ____ ____ S441)4'00"E 62.50' (BASIS OF BEARINGS) i 8, ..� POINT OF COMMENCEMENT w w CC 1- co 0 SCALE: 1''=20' N43'00'00"E 125.00' POINT OF BEGINNING 12.02 0 EASEMENT AREA N47°00'00"W 12.00' LANDS OF CJrY Jr SAHA-FOGA OGA BOOK 4210 Oi OFi' JCJAL RECORDS, PAGE: 553 APN 511-10-012 rn'-''''' N44 04'00 W 62.50' 0 0 tri S43'00'00"W LEGEND PG&E EASEMENT (AREA = 6041. S.F.) EXHIBIT "A" r Giuliani & Hull, Inc. Engineers • Planners* Surveyors 4880 Stevens Creek Blvd. Suite 205 San Jose, CA. 95129 (408) 615-4000 Fax (408) 615-4004 Auburn • San Jose i Oakdale SCALE: 1"= 20' DATE: 2/29112 DRAWN: E.T. CHECKED: K.S. JOB NO.: 09153 SHEETS: 1 OF' 1 PLAT TO ACCOMPANY LEGAL DESCRIPTION PG&E EASEMENT OVER APN 517-10-012 SARATOGA, CALIFORNIA 5\2009\09153\dwg\09153pLat,dw0 1/17/2012 412928 PM PST 65 Legal Description of a PG&E Easement over the City of Saratoga's Parcel of Land Located at the Southerly Intersection Of Oak Street and Saratoga -Los Gatos Road City of Saratoga, California All that certain real property in the City of Saratoga, County of Santa Clara, State of California, described as follows: Commencing at the most northerly corner of the Lands of the City of Saratoga, as described in that certain grant deed, which was recorded on October 23, 1958, in Book 4210 of Official . Records, at Page 552, in the Office of the Recorder, of Santa Clara County, State of California, said also being the point of intersection of the Southeasterly line of Oak Street in the Village of Saratoga with the Southwesterly line of that particular 5 foot strip of land conveyed by G.T. Oldham et all to the County of Santa Clara by Deed dated August 5, 1916, and recorded on August 8, 1916, in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 445 of Deeds, at Page 349; and thence along the Southwesterly line of said 5 foot strip now a part of the Saratoga -Los Gatos Road, said line also being the Northeasterly line of said Lands of the City of Saratoga as described in Exhibit "A", and said line being the Southwesterly Right of Way line of Saratoga -Los Gatos Road, South 44 °04'00" East, 50.48 feet, said point being on a line parallel, and 12.00 feet distant, measured at a right angle, with the Southeasterly boundary of said Lands of the City of Saratoga, as described in Exhibit "A", said point being the Point Of Beginning; Thence, continuing along the Northeasterly line of said Lands of the City of Saratoga, South 44 °04'00" East, 12.02 feet, to the most easterly corner of the lands of the City of Saratoga, as described in Exhibit "A"; Thence, along the Southeasterly line of the Lands of the City of Saratoga, as described in Exhibit "A," and parallel with the Southeasterly line of Oak Street, South 43°00'00" West, 50.00 feet; Thence, at a right angle, North 47°00'00" West, 12.00 feet, to a point on a line parallel, and 12.00 feet distant, measured at a right angle, with the Southeasterly boundary of said Lands of the City of Saratoga, as described in Exhibit "A"; Thence, along said parallel line, North 43°00'00" East, 50.61 feet, to the Point of Beginning. Containing an area of 604 square feet, more or less. Basis of Bearings: The bearing of South 44°04' East being the southwesterly line of Saratoga -Los Gatos Road, as described in that certain Grant Deed recorded on October 23, 1958, in the Office of the County Recorder of the County of Santa Clara, State of California, in Book 4210 of Official Records, at Page 553, was used as the Basis of Bearings. End of Description. 66 11 Li -3 j El c.-1 c)n e_h4 (E) TREE 1 • a ) -0111!-I ----- _ _ 1JAMES riCWILLI•ar15' kCUSE 2,27460 -LOS C,ATQ ROA C: 0 ). FTiO CRAWL — 4 / , 7: •1 i, f ..., -‘ ..`,...il`,. A..,• ,,"" -k- - , •••• !.• •.k _A- - 4,, -• PANEL A 67 •7••,j.,•E=7 • TYPICAL O.N. SARATOGA CITY COUNCIL MEETING DATE: May 2, 2012 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: John Cherbone DIRECTOR: John Cherbone SUBJECT: Fruitvale Avenue Median Improvements — Cooperative Agreement with West Valley College RECOMMENDED ACTION: Approve Cooperative Agreement with West Valley -Mission Community College District for Fruitvale Avenue Median Improvements and authorize the City Manager to execute the same. REPORT SUMMARY: The City issued Encroachment Permit 08-0921 ("Permit") to West Valley College District through its contractor Granite Rock Company on July 15, 2008. The Permit included a number of conditions, all of which have been satisfied with the exception of conditions 13 and 14 concerning existing median islands on Fruitvale Avenue. Condition 13 asked the College to complete curbs and gutters around the medians that front the College property, and Condition 14 asked for the development of a Landscape Master Plan for the same. Staff met with the College and it was decided that it would benefit both parties if funds equivalent in cost of performing Conditions 13 and 14 were transferred to the City. The City can leverage the funds by performing the project design and construction management in house to allow more money to go towards project improvements. The cooperative agreement was approved by the District Board on April 17th. Upon execution of this agreement and deposit of $90,000 with the City, the District will have satisfied all its obligations pursuant to the encroachment permit. It is therefore recommended that the City Council approve the cooperative agreement with West Valley -Mission Community College District for Fruitvale Avenue Median Improvement Project. FISCAL IMPACTS: The College will deposit $90,000 for the project and the City will perform necessary road and drainage improvements in the amount of $50,000. The Fruitvale Avenue Median Project is listed in the updated CIP for FY 2012/2013. The estimate for annual maintenance and water is $14,400. 68 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Cooperative Agreement would not be approved, the original encroachment conditions would still be outstanding, and the landscaping and irrigation improvements for the Fruitvale Avenue medians would not move forward. ALTERNATIVE ACTION: None. FOLLOW UP ACTION: If approved, the Cooperative Agreement will be executed by the City Manager and the project will begin in the fall of this year. 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. ATTACHMENTS: 1. Cooperative Agreement 2. Encroachment Permit 69 AGREEMENT REGARDING FRUITVALE AVENUE MEDIAN ISLAND IMPROVEMENTS THIS AGREEMENT, by and among the CITY OF SARATOGA ("Saratoga") and the WEST VALLEY -MISSION COMMUNITY COLLEGE DISTRICT, ("District") (collectively referenced herein as "parties" and individually referenced as a "party") sets forth the terms of cooperation between the parties in proceeding with Fruitvale Avenue Median Improvements. This agreement is effective as of the date last signed below ("Effective Date"). RECITALS A. The City issued Encroachment Permit 08-0921 ("Permit") to District through District's contractor Granite Rock Company on July 15, 2008. The Permit is attached as Exhibit A. B. The Permit included a number of conditions, all of which have been satisfied with the exception of conditions 13 and 14 concerning existing median islands on Fruitvale Avenue ("Fruitvale Median Improvements"). C. To complete the Fruitvale Median Improvements in a timely and cost-effective manner the parties intend to have the City perform the work on behalf of the District subject to District's payment of the estimated costs of the work to the City. Upon execution of this agreement and deposit of these funds with the City, District will have satisfied all its obligations pursuant to the Permit. D. The Parties desire to execute this Agreement in order to delineate their respective rights and obligations concerning the administration, financing and construction of the Fruitvale Median Improvements. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. City shall undertake the design, engineering, and construction of the Fruitvale Median Improvements. All work shall be performed in by or subject to the direction of the City. 2. The District shall pay the estimated project cost of $ with the City not later than fifteen days following the Effective Date. City shall be responsible in full for any costs in excess of the estimated project cost and for future maintenance of the improvements. District's payment shall satisfy in full the requirements of Conditions 13 and 14 of the Permit. Page 1 of 3 70 3. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4. Notices and payment are to be sent as follows: Saratoga District John Cherbone Director of Public Works City of SARATOGA 13777 Fruitvale Avenue Saratoga, CA 95070 5. In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect. 6. Neither District or Saratoga nor their respective governing bodies, employees, officers, agents and assigns shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party in connection with carrying out this Agreement. Specifically, Saratoga shall defend, at its sole expense, and indemnify District for any damage or liability arising from the improvements. It is understood and agreed that pursuant to California Government Code Section 895.4, the each party shall fully indemnify and hold the other harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying party in connection with any work, authority or jurisdiction delegated to the indemnifying member under this Agreement. This hold harmless and indemnification provision shall apply to any activity, error or omission of each party and/or the party's officers, employees, agents, consultants or contractor or any person or entity acting or omitting to act for or on behalf of said party or such person or entities as are specifically authorized and empowered by the party to act for the party. 7. This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. 8. Waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition or covenant. 9. This Agreement may be amended only through the unanimous written agreement of the parties. Page 2 of 3 71 10. This Agreement supersedes any and all agreements, either oral or written, between the parties hereto with respect to the Project and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year last written below. City of Saratoga West Valley College District By: By: Dave Anderson, City Manager Date: Date: Attest: Attest: Crystal Morrow, City Clerk Date: Date: Approved as to Form: Approved as to Form: Richard Taylor, City Attorney Date: Date: 318066.1 Page 3 of 3 72 ATTENTION ENCROACHMENT PERMIT HOLDERS PLEASE NOTE: YOU M ST CALL THE PUBLIC WORKS DEPARTMENT TO SCHEDLLE TWO (2) ENCROACHMENT INSPECTIONS: L AT LEAST 24 HOURS BEFORE PLACING CONCRETE' OR BACKFILLING AND 2. AFTER WORK IS COMPLETED LEASE CALL:. -4087868-1261 THANK YOU 4M; bai r CITY OF SARATOGA :ee: $ k3dy1." Receipt # : Date : G 40 $ Application # O _ 012.4 APPLICATION FOR ENCROACHMENT PERMIT rhe undersigned hereby applies to the City of Saratoga for an ENCROACHMENT PERMIT under the erms of Articles 10-15 and 10-15 of Chapter 110 of he City ode apd do id mnfy the City pursuant o Article 10-20.090. 'rr C.� Q slame of Street or other Public Property: tr v/ LQ . it) E.):). E/AL Lp.4IAL +Jature and Location of Encroachment:(Attach plan or sketch as required) i1J\)C- fc. i -'r-'LL /ALL-LsS .lM Pcz, u EA rS AVW ek-r Pt :or Emergency Repair Contact: Gro Cr.IAci Q gut Estimated Cost of Encroachment: $ WORKMAN'S COMPENSATION CERTIFICATE I. The undersigned certify that I am familiar with California Labor Code Section 3700&3800 covering Work -man's Compensation Insurance and the certification of insurance or a consent to self -insure for Work -man's Compensation Insurance as condition to issuance of a permit by the City. I hereby certify as follows: `g I have filed with you, the certificate required by California Labor Code Section 3800(1) or (2) or (3) or )( In the performance of the work for which this permit is issued, I shall not engage or employ any person or entity in any manner so as to become subject to the Workman's Compensation Laws of California. Until i notify the City to the contrary, in writing, my place of residence (or permanent business address) for all purposes of notice called for under Section 10-20.110 of the City Code shall be set forth below: VAME: err"er4 C011 d.b ura d TELEPHONE NO.: 4 3 - 50 C40 1DDRESS: 120 Ypi $ iG2 Jt9S , CA 06020 declare under penalty of perjury, that the foregoing is true and correct to the best of my knowledge and belief. Executed at Saratoga, California, this 14-141day of Drint Name: 3NCTA04 7NAN6 Signature: , 2002_ f you have any questions regarding the issuance of the permit, please contact 868-1274. If you have my questions regarding inspections, please contact 868-1243. n addition, all applicants must contact the Public Works Inspector's Office 868-1243) at least 24 hours prior to work commencing. 74 ENCROACHMENT PERMIT � �� °41-)"` ,V���\ Number: Permission is hereby granted to the above named applicant to perform the work specified at the location n the above application, ubject to th following conditions: 1. nspection : 1. 2. :,ompletion Notice rhis work has been inspected & found complete Is of . This does not release he permittee of other obligations under Articles 10- 15&10-20 of Chapter 10 of the City Code. This Permit isuntil ood �..� g revo f -d or expire Dated this 1Sday of 200 6- CITY OF SARATOGA, A Ma Cog. By: Title: .1. CITY OF SARATOGA PUBLIC WORKS DEPARTMENT APPLICATION NO. O r D 9 2} ENCROACHMENT PERMIT CONDITIONS FOR 14o0Drya, . EXCAVATION AND BACI .FT,L REQCAREMENTS Backfill trench in R/W to prevent settling and restore to existing condition. (Applies to any area in back of curb). 2. See attached standard drawing for restoration of utility excavations in asphalt concrete pavement. 3. Comply with State of California, Department of Transportation Standard Specifications (July, 2002) where applicable particularly. All sections/parts paying particular attention to: 7-2.02 E. Trench Safety 7-1.01 F. Air Pollution Control 7-1.01 G. Water Pollution TREE PRESERVATION 1, Route all utility service connections so as to avoid trenching within drip line of any tree. 2. If trenching within the drip line of any tree is unavoidable, such trenching sig all be done by hand to minimi7.e root damage No roots in excess of P/z" in diameter shall be cut. 3. Trenches which expose tree roots shill be backfa.11ed as soon as possible to miniiriae the amount of time the roots are exposed. Trench back -fill standards, under these conditions shall be as required by the City Horticultural Consultant. 4. The Engineering Inspector shall have the authority to stop work at any time he feels tree preservation measures are not being carried out or damage to trees is occurring. Work sha11 not be allowed to resume until all preservation and/or corrective measures are implemented.. 5, The City Horticultural Consultant may require additional tree preservation measures as necessary, Any such additional measures shall be deemed as conditions of the approved Encroachment Permit. Pagel of 2 76 PUBLIC CONVENIENCE 1. Hours of construction in the City of Saratoga are between 7:30 AR, and, 6:00 P.M, Monday through Friday. 2. Two (2) lanes of traffic shall be maintained at all times between the hours of 4:00 P.M. and 9:00 A.M. 3. Traffic maybe restricted to one (1) lane of traffic only between the hours of 9:00 A.H. and 4:00 P.M., using properly attired flagmen situated at each end of the construction area, 4. NO CLOSURE OF ROADWAY WILL BE ALLOWED, AT ANYTIME. 5. Anytime a driveway is to be blocked by construction, the resident of said blocked driveway shall be notified of said blockage at least twenty-four hours in advance of the construction affecting them. (In the case of the construction scheduled for a Monday, the resident must be notified by 8:00 A.M. on the preceding Friday). 6. Traffic Control methods and signs shall conform to sections 7 and 12 of the State of California Standard Specifications, and Chapter 5 of the State of California Traffic Manual. CALL CITY OF SARATOGA ENGINEERING DEPARTMENT (408) 868-1261 48 HOURS PRIOR TO COMMENCING WORK Page 2 of 2 77 City of Saratoga General Encroachment Permit Conditions 1. Comply with City of Saratoga Standards, rules and regulations; 2. All trenches/potholes in City Streets to be backfilled with 1 -sack slurry per City Standard Specification "Restoration of Utility Excavations in Asphalt Concrete Pavement" (see attached sheet);; 3. All U -S-A (Underground Service Alert) mark to be removed from project site prior to completion of work; 4. All directly affectd residents to be notified at least 48 hours prior to commencement of work; 5, If project affects traffic, applicant to submit traffic control plan(s) to City Engineering inspectors at least 48 hours prior to commencing work (inspectors maybe reached at 408-868-1261. 6. Any additional permit conditions attached to this permit packet. a 78 City of Saratoga Additional Encroachment Permit Conditions For # 08-0921 West Valley College Off -Site Improvements 1) Comply with City of Saratoga standards, rules, regulations; 2) West Valley College will write a letter to local residence that frontage the campus. This letter will indicate information of the off-site improvements. West Valley College will provide a copy of this letter to the City of Saratoga. 3) West Valley College during its public meeting will receive public input in their preference for the proposed island at the Allendale Ave entrance. The public review will have input on the island whether to have landscape or cobblestone. West Valley College will provide a copy of the meeting minutes to the City of Saratoga. 4) At Allendale, island shall be encased in a concrete curb and gutter. The pavement will be removed, island will be formed and poured and AC will be paved (plug). 5) Traffic Control and Plan for redirecting traffic around the construction zone will follow the MUTCD standards (see attached samples of MUTCD). 6) Local residents including property owners adjacent to the work shall be notified of expected work at least two days in advance of construction. Notification shall be in the form of mailed flyers, and shall have a contact name and number for appropriate Contractor Company project staff. 7) No open-air drying/storage of any drilling mud or slurry material associated with drilling/excavation operations will be allowed. Any such material shall be hauled offsite at time of drilling/excavation. 8) All removed items will be saw cut, demo and hauled off site. 9) A safe minimum passage of four (4) feet shall be maintained through the work area at the existing pedestrian or bicycle facilities. At no time shall pedestrian be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs 79 and barricades shall be installed at the limit of construction and in advance of the construction at the nearest crosswalk or intersection to detour pedestrian to facilities across the street. 10) Damaged and New Pavement Markers and Traffic Lines in the limits of the project will be removed and replaced. Thermoplastic Traffic Stripes will be used in accordance to Caltrans Standard Specification 2006. 11) Affected streets, sidewalks, driveways, curbs and gutters to be restored to satisfactory condition as determined by Public Works Inspectors and City Engineer 12) Make appointment with City Public Works Inspector for a post - construction meeting to final completed work. For appointment, please call Dolf Dini at (408) 868-1261. Existing Median Islands on Fruitvale Ave 13) West Valley College (developer) will install vertical curb and gutter (gap closure) at existing missing locations/gaps. The limits of the median improvement on Fruitvale Ave between Allendale Ave and Douglass Lane (across from the entrance south of the WVC baseball field). Sandis Civil Engineers will update the 09-01-07 that were stamped on 07-11-08 plans to include the above. 14) West Valley College and Sandis Civil Engineers will schedule a meeting with Kevin Meek City of Saratoga Public Works Manager Park Maintenance to develop landscape plans for the Fruitvale Ave medians (between Allendale Ave and Douglass Lane). (408) 868-1247 If you have any questions or comments, please feel free to call Macedonio Nunez at (408)-868-1218. Macedonio Nunez, P.E. Associate Engineer City of Saratoga - Public Works Tel: (408) 868-1218 Fax: (408) 868-1281 mnunez(a� saratoga. ca. us 80 Pipe Locating Wire or Tape as Specified by Utility Co. Saw -Cut Pavement to Produce a straight vertical face against which to butt the New Pavement. 6" Asphalt Concrete (3/8" Mix) Match Existing & Seal Coat as Req'd by City 6" Existing A.C. f.�ll U= 1=in_m=.111— As Req'd By Utility Co. ,I Existing Base Rock Slurry Mix Bedding as required by Utility Company SLURRY MIX SPECIFICATIONS Per Cubic Yard: Two (2) Sack Portland Cement (Type II) 40 Gallons Water 1,200 pounds sand Variations of this mix design may be used upon approval of the City Engineer Backfill slurry mix to pavement grade and bridge with metal plate until slurry mix can support vehicular traffic. Asphalt concrete patch to match existing thickness, 2" minimum (Type 8--3/8" Aggregate) Do not move slurry once placed in ditch. Designed by E.N. Approved by I.H. Date JUNE 2003 File name Scale Sheet 1 of 1 CITY OF SARATOGA STANDARD DRAWING RESTORATION OF UTILITY EXCAVATIONS di IN ASPHALT CONCRETE PAVEMENT City of Saratoga Additional Encroachment Permit Conditions Temporary Plating of Roadway Excavations When using temporary steel plating to cover open excavations within the City of Saratoga, the following must be performed: 1. The existing AJC pavement must be milled to a depth of 314"-1" around the periphery of the excavation, so as to accommodate and "countersink" the steel plate. 2, Once the plate is in place, any high lips and/or edges between AIC and steel plate should be smoothed with AJC patch. Existing A/C Roadway AJC to smoothen edge Steel Plate o v Mill A/C to Countersink steel plate A 6" Cross Section No Scale PP- A Edge of excavation Pian View No Scale 82 Edge of steel plate ATTACHED SAMPLE MUTCD STANDARDS TRAFFIC CONTROL 83 California MUTCD (FHWA' s MUTCD 2003 Revision I, as amended for use in California) Figure 6H-10 (CA). Lane Closure on Two -Lane Road Using Flaggers (TA -10) Note: 1. See Tables 6H-2 and 6H-3 for the meaning of the symbols and/or letter codes used in this figure. 2. See Tables 6E-1 and 6E-101 (CA) for buffer space to determine location of flagger stations. (leuolldo) VAttn Z-OZJ Chapter 6H — Typical Applications Part 6 — Temporary Traffic Control T 15m(50(1)• 30m(100ttj W3-4 (optional) Typical Application 10 84 W16-2 (optional) Page 6H-30 September 26, 2006 2003 Edition Page 6H-5 Table 6H-3. Meaning of Letter Codes on Typical Application Diagrams Road Type Distance Between Signs** A B C Urban (low speed)* 30 (100) 30 (100) 30 (100) Urban (high speed)* 100 (350) 100 (350) 100 (350) Rural 150 (500) 150 (500) 150 (500) Expressway / Freeway 300 (1,000) 450 (1,500) 800 (2,640) * Speed category to be determined by highway agency ** Distances are shown in meters (feet). The column headings A, B, and C are the dimensions shown in Figures 6H-1 through 6H-46. The A dimension is the distance from the transition or point of restriction to the first sign. The B dimension is the distance between the first and second signs. The C dimension is the distance between the second and third signs. (The third sign is the first one in a three -sign series encountered by a driver approaching a ITC zone.) Table 6H-4. Formulas for Determining Taper Lengths Speed Limit (S) Taper Length (L) Meters 60 km/h or less WS2 L = 155 70 km/h or more L = WS 1.6 Speed Limit (S) Taper Length (1) Feet 40 mph or Tess L = WS2 60 45 mph or more L = WS Where: L = taper length in meters (feet) W = width of offset in meters (feet) 5 = posted speed limit, or off-peak 85th -percentile speed prior to work starting, or the anticipated operating speed in km/h (mph) Sect. 6H.O1 85 California MUTCD (FHWA's MUTCD 2003 Revision 1, as amended for use in California) Table 6E-101(CA). Longitudinal Buffer Space on Downgrades* Speed (kmlh) % Downgrade (Buffer Space) -3% (m) -6% (m) -9% (m) 30 35 35 35 40 50 50 53 50 66 70 74 60 87 92 97 70 110 116 124 80 136 144 154 90 164 174 187 100 194 207 223 110 227 243 262 Speed (mph) % Downgrade (Buffer Space) •3% (ft) -6% (ft) -9% (ft) 20 116 120 126 25 158 165 173 30 205 215 227 35 257 271 287 40 315 333 354 45 378 400 427 50 446 474 507 55 520 553 593 60 598 638 686 65 682 728 785 70 771 825 891 * Exhibit 3-2. A Policy on Geometric Design of Highways and Streets, AASHTO, 2001, p,115. Chapter 6E — Flagger Control Part 6 — Temporary Traffic Control 86 Page 6E-7 September 26, 2006 California MUTCD (FHWA's MUTCD 2003 Revision 1, as amended for use in California) Page 6E-6 Table 6E-1. Stopping Sight Distance as a Function of Speed Speed* (km/h) Distance (m) 30 35 40 50 50 65 60 85 70 105 80 130 90 160 100 185 110 220 120 250 Speed* (mph) Distance (ft) 20 115 25 155 30 200 35 250 40 305 45 360 50 425 55 495 60 570 65 645 70 730 75 820 * Posted speed, off-peak 85th -percentile speed prior to work starting, or the anticipated operating speed (This space left intentionally blank) Chapter 6E — Flagger Control September 26, 2006 Part 6 — Temporary Traffic Control 87 California MUTCD Page 6H-28 (FHWA's MUTCD 2003 Revision 1, as amended for use in California) Notes for Figure 61440 6H-10(CA)—Typical Application 10 Lane Closure on Two -Lane Road Using Flaggers Option: 1. For low-volume situations with short work zones on straight roadways where the flagger is visible to road users approaching from both directions, a single flagger, positioned to be visible to road users approaching from both directions, may be used (see Chapter 6E). 2. The ROAD WORK AHEAD and the END ROAD WORK signs may be omitted for short -duration operations. 3. Flashing warning lights and/or flags may be used to call attention to the advance warning signs. A BE PREPARED TO STOP sign may be added to the sign series. Guidance: 4. The buffer space should be extended so that the two-way traffic taper is placed before a horizontal (or crest vertical) curve to provide adequate sight distance for the flogger and a queue of stopped vehicles. Standard: 5. At night, flagger stations shall be illuminated, except in emergencies. Guidance: 6. When used, the BE PREPARED TO STOP sign should be located between after the Flagger sign and the ONE LANE ROAD sign. 7. When a highway -rail grade crossing exists within or upstream of the transition area and it is anticipated that queues resulting from the lane closure might extend through the highway -rail grade crossing, the TTC zone should be extended so that the transition area precedes the highway -rail grade crossing. 8. When a highway -rail grade crossing equipped with active warning devices exists within the activity area, provisions should be made for keeping flaggers informed as to the activation status of these warning devices. 9. When a highway -rail grade crossing exists within the activity area, drivers operating on the left side of the normal centerline should be provided with comparable warning devices as for drivers operating on the right side of the normal centerline. 10. Early coordination with the railroad company should occur before work starts. Option: 11. A flagger or a uniformed law enforcement officer may be used at the highway -rail grade crossing to minimize the probability that vehicles are stopped within 4.6 m (15 ft) of the highway -rail grade crossing, measured from both sides of the outside rails. Support 12. For State highways, see Department of Transportation's Standard Plan T13. See Section 1A,11 for information regarding this publication. (This space lefl intentionally blank) Chapter 6H — Typical Applications September 26, 2006 Part 6 — Temporary Traffic Control 88 a -0 )- NOTE: LOCAL REGULATIONS MAY VARY. • TABLE 1 for Buffer Length (page 26) 89 kn - ^a> ��. aZ ¥f. */§§\$\c0 = 3£0 0-m -- rn o • /2/ §m 2 =" Co:15 M® J • /IE $k n• = ' _ CD § -I' CD 0 ® 0 \§/§Q ] /�0) sE \ _° 5 ° 2 = = mi Wo o2nma—E \ ±] =E= <3ƒ ca -5 @_ m= o=Fp- R =E 0 § / 0 c iapjnogs 110 NJoAA C awl 1 Ausi INC erC .5 CIO 1 .5 3:21 Cit CO c._.F,#: • cT=yr— G7 m m pamesaa sip IJ iib' Dui `wo3ul ZOOz 146!JICdoo o, _ten A-eW sLroijelf6aJ pool :i1• ► CD r O 7 EI ft r sa O 0 v 0 0 0 5 0 0 11 5 (52 N co 90 CO r m a) r- 0 0 c) 0 fD Ra r — i {r CD X TABLES AND REFERENCE INDEXES 1 O Copyright 2002 InCorn, Inc. All rights reserved. ./aeA Aetu suofeIn6W !earl y k`�` i Cr � Ixis -;. r :r�isx, E ;nom P ,.'l'( p i�aA Y.d 7-- - �' f+'.• � '-�; i4'Y - , -�. µt � . I N + �s •. 1 i 11- Z� • r ae;�;'.'Fi _ -4tr e t•'tel fIu r �." .' -' . .z. .: r r 11 11 n S r- 11 11 11 11 x X ca cn maz x z 0 in �O r~ c-371 r0rh A 0 27� 0 - a 70 z� 2 ma 0 0 rri -10 ' • -0T m • 0 - m r rrrn VI VJ Formula for Taper Length "L" �v O r til v ,; clr c S. c n cn • cc- c. a 01 1 CD • @s• • • E N 0_ 5 N — [Q [Q 'z m0 3 91 w mw (T z 0 11 P1 0z P1 0 P1 U) c C ftv rte« ,27:14— .10 rA `- C T y� Vl � i `' �vaun,.1+; - s ,..fit a F ",�:,+' a Yom" •,.. 1 i + S�`L.`a, t R) R'^i"c `tea x 4 ,• •!, �,i' l Ye a•' 91 w mw (T z 0 11 P1 0z P1 0 P1 U) c C ftv rte« 5-138 TRAFFIC CONTROLS Traffic Manual 1-1996 Sidewalk Closures and Bypass Walkway 1. Additional advance warning may be necessary. 2. Only the traffic control devices controlling pedestrian flows are shown. Other devices may be needed to control traffic on the streets, Use lane closure signing or ROAD NARROWS signs, as needed. 3. Street lighting should be considered. 4. For nighttime closures, Type A flashing warning lights may be used on barricades supporting signs and closing walkways. Type C steady -burn lights may be used on channelizing devices separating the temporary walkway from vehicular traffic. 5. Where high speeds may be anticipated, use a barrier to separate the temporary walkway from vehicular traffic. 6. Signs may be placed along a temporary walkway to guide or direct pedestrians. Examples include KEEP RIGHT and KEEP LEFT signs. MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL May 2, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: AB 939 and Household Hazardous Collection Program Agreements RECOMMENDED ACTION: Authorize the City Manager to sign the Agreement for Countywide Assembly Bill (AB) 939 Implementation Fee and Santa Clara County Household Hazardous Waste (HHW) Collection Program Agreement with a $50,000 augmentation for Fiscal Year 2012/13. BACKGROUND: Agreement for Countywide AB 939 Implementation Fee: Enacted in 1989, AB 939 required local governments to prepare, adopt, implement, and maintain plans to reduce waste disposal in landfills. The law required that the integrated waste management plans include provisions for the proper disposal of household hazardous waste. Household hazardous waste includes materials such as pesticides, paints, pool cleaning chemicals, fluorescent lamps, and other materials that are prohibited from being disposed of in landfills. The bill also allowed jurisdictions to impose fees collected at landfills to pay for the costs associated with preparing, adopting, and implementing integrated waste management plans. Since 1992, all Santa Clara County cities have contracted with the County to collect and distribute the AB 939 fee — collected at landfills, non -disposal facilities, and transfer stations in Santa Clara County — on each ton of waste brought to the facilities. In Santa Clara County, the AB 939 fee for Fiscal Year 2012/13 is $4.10 per ton of garbage disposed of at landfills within Santa Clara County or taken to non -disposal facilities within the County then subsequently transported to landfills outside of Santa Clara County. In total the surcharge will generate approximately $4.8 million in revenues in the next fiscal year. Of the $4.10 per ton of waste, a total of $2.60 per ton (approximately $2.73 million for Fiscal Year 2012/13) is set aside to fund the countywide HHW Collection Program and is paid directly to Santa Clara County. The remaining $1.50 per ton (roughly $1.58 million in Fiscal Year 2012/13) is distributed among the cities in Santa Clara County to implement AB 939 compliance activities. Page 1 of 4 93 Since Fiscal Year 2008/09, the City of Saratoga's AB 939 Fee revenues have varied between just over $24,000 to $22,101. A total of $21,000 in AB 939 fees is estimated for the current fiscal year. To continue to allow the County to collect and distribute AB 939 funds ($1.50 per ton of the total $4.10 per ton landfill surcharge), all fifteen cities in the County must approve the Agreement for Countywide AB 939 Implementation Fee. If authorized, the agreement would allow the County to collect AB 939 fees for Fiscal Year 2012/13 through Fiscal Year 2014/15. The agreement must be approved by all Santa Clara County cities and the County by June 30, 2012. House Hazardous Waste Collection Services Agreement: Since 1992, all cities in the County, except the City of Palo Alto, have contracted with Santa Clara County for HHW services required by State law. The attached Agreement for Countywide Household Hazardous Waste Collection Services provides for continuation of HHW services to participating cities through June 20, 2015. As noted above, a portion of the AB 939 Fee funds baseline countywide HHW Collection Program. The portion of the AB 939 fee set aside for household hazardous waste collection is paid directly to the County and is intended to provide HHW collection services for a minimum of 4% of households from each of the jurisdictions in the County. This fiscal year, a total $2.79 million is estimated to be collected for HHW services through the AB 939 fee. This funding is used to pay for HHW services for 4% of households in participating jurisdictions. In Saratoga, this covers use of the County's HHW Collection Program by 446 households. However, it is estimated at a total of 1,027 Saratoga households will take advantage of the program this fiscal year. Cities may elect to pay for the added cost of use, if more than 4% of their population uses the HHW Collection Program. Cities may use their portion of the AB 939 fee or other sources to pay for added household hazardous collection services. Because HHW services by Saratoga residents usually far exceeds the amount of use covered by the portion of AB 939 dedicated to the HHW Collection Program, the City has elected to augment HHW Collection Program with City funds to pay for use of HHW services above the 4% service level. Since Fiscal Year 2008/09, the City has paid between $27,824 and $40,000 to augment HHW services above the 4% baseline. In total, HHW services to the City of Saratoga will cost approximately $89,472 for the current fiscal year. The cost per household is about $88 per household. Breakdown of City of Saratoga HHW Costs for Fiscal Year 2011/12 HHW Services Covered through AB 939 Fees (4% of Saratoga Households) City of Saratoga Augmentation (Remaining Saratoga Households) $39,472.62 $50,000 Page 2 of 4 94 Total Cost of HHW Services for Saratoga Residents $89,472.62 Although the agreement will be valid until June 30, 2015, participating cities must authorize augmentation levels each fiscal year. For the 2012/13 fiscal year, an augmentation of $50,000 is recommended. FISCAL IMPACTS: If the City Council approves staff's recommendation, the County would be authorized to collect AB 939 Fees. A portion of these funds go directly to the County to pay for HHW collection services ($2.60 per ton of the $4.10 per ton landfill surcharge) and the remaining funds ($1.50 per ton of the $4.10 per ton landfill surcharge) are allocated among the cities in the County for AB 939 compliance activities. The City of Saratoga's AB 939 allocation since Fiscal Year 2008/09 is noted below. Fiscal Year 2008/09 2009/10 2010/11 2011/12 Estimated AB 939 Revenues $24,412 $22,101 $24,110 $21,000 Additionally, an appropriation of $50,000 would be included in the 2012/13 budget to augment HHW services. Below the City's HHW augmentation amounts since Fiscal year 2008/09 are noted. Fiscal Year 1 2008/09 2009/10 2010/11 2011/12 Estimated I HHW Fees $30,383 $37,030 $27,824 $50,000 CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Neither the agreement allowing the County to collect and distribute AB 939 fees on behalf of the City of Saratoga nor the agreement authorizing the County to provide HHW collection services to Saratoga residents would be authorized. As a result the AB 939 fee would not be collected after June 30, 2012 and the City would have to find another means to provide HHW collection services to Saratoga residents. 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. Page 3 of 4 95 ATTACHMENTS: Attachment A: Agreement for Countywide AB 939 Implementation Fee Attachment B: Agreement for Countywide Household Hazardous Waste Collection Program Page 4 of 4 96 AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa Clara (COUNTY) on the day of 2012. The term CITIES may refer to CITIES collectively or individually. RECITALS WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan; and WHEREAS, the Board of Supervisors established the Countywide AB939 Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and implementing integrated waste management plans and programs; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined that a Countywide AB939 Implementation Fee (Fee) is necessary, pursuant to Public Resource Code 41901, to assist in funding the costs of preparing, adopting and implementing integrated waste management plans and programs in the fifteen cities and the unincorporated area of the county; and WI -AREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non -disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County; and WHEREAS, state law requires jurisdictions to plan and implement household hazardous waste (HHW) services; and WHEREAS, HHW programs provide household hazardous waste management services to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the requirements of state law; and WHEREAS, jurisdictions in Santa Clara County desire to provide safe, convenient, and economical means for residents to properly dispose of household hazardous wastes in an environmentally safe manner in order to avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, fluorescent lamps, and batteries; and AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 97 WHEREAS, the County will collect the Fee on behalf of the fifteen cities and the unincorporated area and will apportion the Fee according to the terms of this Agreement. NOW, THEREFORE, CITIES and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which the COUNTY will collect and distribute the Fee of $4.10 per ton in Fiscal Years 2013, 2014 and 2015 of waste to be disposed. The Fee is divided into two parts: 1) a Program Fee of $1.50 per ton to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan in the fifteen cities and the unincorporated area of the County; and 2) a Household Hazardous Waste (HHW) Fee of $2.60 per ton to provide funding to implement the Countywide HHW Program. The Program Fee will be allocated among jurisdictions as described in Exhibit B, attached hereto and incorporated herein. The HHW Fee will be allocated to the COUNTY, CITIES, and Countywide HHW Program and participating jurisdictions as described in Exhibit C, attached hereto and incorporated herein. The Fee shall be imposed on each ton of waste landfilled or incinerated within the County; received at any non -disposal or collection facility located within the County and subsequently transported for disposal or incineration outside of the County; collected from any location within the County by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or incineration outside of the County; or removed from any location in the County by any person or business for disposal or incineration outside the County. - Non -Disposal Facilities are defined as those facilities included in the County of Santa Clara Non -Disposal Facility Element (and subsequent amendments to that Element) and are listed in Exhibit A, attached hereto and incorporated herein. 2. SERVICES PROVIDED BY COUNTY COUNTY will collect and distribute the Fee. COUNTY will collect the Fee from landfills and non -disposal facilities listed in Exhibit A, and any landfill or non -disposal facility subsequently permitted, on a quarterly basis using data from tonnage reports filed by landfill and non -disposal facility operators with the County Integrated Waste Management Division. The COUNTY shall require each landfill and non -disposal facility to submit required payment, documentation of tonnages disposed, and state -mandated Disposal Reporting System Reports on a quarterly basis, within 45 days of the end of each calendar quarter. Late submissions and/or payments shall be subject to a late filing penalty and delinquent penalties. COUNTY will research Santa Clara County tonnage reported to COUNTY by landfills outside the COUNTY in significant amounts to determine the identity of the hauler. That hauler will subsequently be billed in the same fashion subject to the same penalties as mentioned above. Collected funds and any late filing payments and delinquency penalties shall be distributed to CITIES and Countywide HHW Program based on the formula set forth in Exhibits B and C. COUNTY shall not be obligated to distribute funds that COUNTY has been unable to collect from landfill or non -disposal facility operators. AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 98 3. ROLE OF CITIES CITIES shall review the Disposal Reporting System Reports as prepared and submitted by the COUNTY and within 30 days of receipt shall report to COUNTY, with appropriate documentation, errors in waste allocations among jurisdictions. 4. COLLECTION AND USE OF FEE Each ton of waste will be subject to the Fee. Best efforts will be made to prevent tonnage from being assessed a double fee (once at a non -disposal facility and again at a landfill within Santa Clara County). The Program Fee funding share paid to CITIES shall be used to assist in funding the costs of preparing, adopting, and implementing the integrated waste management plan of each of the CITIES and the unincorporated area of the COUNTY. The HHW Fee portion shall assist in funding the costs of each city's share of HHW operations. 5. INSURANCE Each party shall maintain its own insurance coverage, through third party insurance, self- insurance or a combination thereof, against any claim, expense, cost, damage or liability arising out of the performance of its responsibilities pursuant to this Agreement. CITIES agree to provide evidence of such insurance to COUNTY via Certificate of Insurance or other documentation acceptable to the COUNTY upon request. 6. INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITIES and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the parties agree that each of the parties hereto shall fully indemnify and hold each of the other parties harmless from any claim, expense or cost, damage or liability arising out of, or in connection with, performance of its responsibilities pursuant to this Agreement and as described in Exhibit D. Additionally, CITIES shall indemnify, hold harmless, and defend COUNTY, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, arising from any misuse of the Fee distributed to CITIES. COUNTY shall indemnify, hold harmless, and defend CITIES, its officers, agents, and employees with respect to any loss, damage, liability, cost or expenses, including attorney fees and court costs, brought by third parties based on COUNTY's sole negligence in the collection or distribution of said Fees. 7. DISTRIBUTION OF FEE COUNTY shall distribute the Fee to CITIES and the Countywide HHW Program pursuant to the formulas described in Exhibits B and C within 45 days of receipt of landfill and non - disposal facility payments and disposal documentation required for calculation of Fee AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 99 distribution amounts. Distributions shall begin December 15, 2013, and continue quarterly through October 15, 2015. 8. PARTICIPATION IN THE COUNTYWIDE HHW PROGRAM CITIES, at their option, may individually participate in the Countywide HHW Program by entering into the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 9. LATE PAYMENTS If Fee payments and disposal documentation are not received from landfill or non -disposal facility operators prior to scheduled distribution of payments to CITIES and the Countywide HHW Program, payment distribution shall be calculated on a pro rata share of moneys received. Upon collection, late payments and accrued delinquent penalties, if any, shall be distributed among CITIES and the Countywide HHW Program according to the formula in Exhibits B and C. 10. ACCOUNTING COUNTY shall maintain records of all transactions related to collection, use and distribution of the Fee for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for a longer period. Such records will be available for inspection upon written request by CITIES, and will include but not be limited to tonnage reports submitted by landfills and non -disposal facilities, waste stream documentation provided by cities, payments made by the landfills and non -disposal facilities to the COUNTY and by the COUNTY to CITIES, and expenditures for programmatic and overhead costs. 11. REQUEST FOR REVIEW In the event CITIES have a dispute regarding the calculation of its share of the Fee or the distribution or use of the Fee, CITIES may request in writing a review by COUNTY within 10 days of receipt of their Fee allocation. The review shall be performed within 30 days of request and results shall be reported to CITIES in writing. 12. EFFECTIVE DATE OF AGREEMENT This agreement is effective upon approval by all fifteen CITIES and the COUNTY. 13. AMENDMENT This Agreement may be amended only by an instrument signed by all fifteen CITIES and the COUNTY. 14. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 100 Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 15. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2012 to June 30, 2015, or until all funds from the last quarter's Fee payments have been distributed, whichever is later. COUNTY shall bill the operators of the landfills and non -disposal facilities listed in Exhibit A for the Fee commencing with the Quarter ending September 30, 2012. Said landfills and non - disposal facilities will be billed for the Fee through June 30, 2015. 16. NOTICES All notices required by this Agreement will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such address as the party may designate in writing in accordance with this section. City of Contact: Title: Address: County of Santa Clara Contact: Program Manager Program: Integrated Waste Management Division Address: 1553 Berger Drive Building 1 City: San Jose, CA 95112 17. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 18. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parties or their assigned designees. AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 101 19. COUNTERPARTS This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE on the dates as stated below: Attest: Maria Marinos Clerk of the Board of Supervisors APPROVED AS TO FO LEGALITY: Mark Bernal Deputy County Counsel "CITY" "COUNTY" George Shirakawa, President Board of Supervisors V.,210./zio/2.- CITY/TOWN OF A municipal corporation By: Title: Date: 6 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 102 EXHIBIT A LANDFILLS LOCATED IN SANTA CLARA COUNTY Guadalupe Rubbish Disposal Site Kirby Canyon Sanitary Landfill Newby Island Sanitary Landfill Pacheco Pass Sanitary Landfill Palo Alto Refuse Disposal Area Zanker Materials Processing Facility Zanker Road Landfill NON -DISPOSAL FACILTIES AND TRANSFER STATIONS LOCATED IN SANTA CLARA COUNTY Butterick Enterprises Recyclery California Waste Solutions Recycling & Transfer Station City of Palo Alto Green Composting Facility Environmental Resource Recovery, Inc. (Valley Recycling) Green Earth Management LLC Kings Row Recycling Facility Green Waste Recovery Facility GreenTeam of San Jose Material Recovery Facility and Transfer Station Guadalupe Landfill Material Recovery Systems Facility Mission Trail Waste Systems, Inc. Newby Island Compost Facility Pacheco Pass Transfer Station Pacific Coast Recycling, Inc. Premier Recycling Facility Recology Silicon Valley Processing and Transfer Facility The Recyclery at Newby Island San Martin Transfer Station Smurfit -Stone Recycling San Jose Facility South Valley Organics Stanford Recycling Center and Direct Transfer Facility Sunnyvale Materials Recovery and Transfer Station (SMaRT Station) Z -Best Composting Facility Zanker Materials Processing Facility Zero Waste Energy Development Company Anaerobic Digestion Facility AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 103 EXHIBIT B FORMULA FOR DISTRIBUTION OF AB939 PROGRAM FEE Each jurisdiction located in Santa Clara County will receive $1.50 per ton of solid waste disposed of in landfills or taken to non -disposal facilities located in Santa Clara County that originates from that jurisdiction, as documented in quarterly reports submitted by the County to the State Disposal Reporting System. Fees collected from undocumented disposed tonnage, or tonnage originating outside of Santa Clara County, will be distributed according to each jurisdiction's percent of countywide population, according to the latest available population report issued by the California Department of Finance. AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 104 EXHIBIT C COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE PROGRAM FEE (HHW Fee) . PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The HHW Fee, of $2.60 per ton, collected as part of the AB939 Implementation Fee, will be the primary source of funding for Countywide Household Hazardous Waste Collection Program (CoHHW Program) services. Funds derived from the HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Cities and Counties." B. San Jose Facility Use Surcharge will be apportioned based on CITY's anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. C. Variable Cost Per Car to provide a base level service to 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most recent Report, "Population Estimates for California Cities and Counties." D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. 2. FIXED PROGRAM COST Funds shall be distributed on a per household basis for Fixed Program Costs. This portion of the funds shall be distributed directly to the Countywide HHW Program. Fixed Program Costs funding shall be calculated at $2.08 per household in FY 2013 and $2.14 per household for FY 2014 and 2015. Fixed Program Costs may include, but are not limited to ten (10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance, and union negotiated salary and benefit changes. AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 105 3. ABANDONED WASTE DISPOSAL COST The existing unexpended non-profit abandoned waste fund balance of approximately $76,000, will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 4. SAN JOSE FACILITY USE SURCHARGE The San Jose Facility Use Surcharge will be $9.75 per car for FY 2013, and $11.50 per car FY 2014 and FY 2015. The total San Jose Facility Use Surcharge for CITY will be based on CITY's participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. 5. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County HHW Collection Facilities and Temporary Events. This portion of the funds shall be distributed directly to the Countywide HHW Program. The Variable Cost Per Car is estimated to be $59 per car for FY 2013 and $62 for FY 2014 and 2015. The estimated cost per car will be adjusted annually to reflect actual service costs. After fixed costs and San Jose Facility Use Surcharge are allocated on a per household basis, the variable cost per car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached, the Countywide HHW Program will use the remaining balance of funds, in cooperation with the CITIES, to increase public outreach and/or provide additional services in that jurisdiction where the level of 4% is not reached the following year. 6. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion will be allocated based on the tons of waste generated within each jurisdiction and after allocation of Fixed Program Cost, San Jose Facility Use Surcharge, and Variable Per Car Cost. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor oil collection, electronic waste (e -waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as door- to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. CITY authorizes the COUNTY to use CITY'S Available Discretionary 10 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 106 Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. 7. PROGRAM FUNDING PASS-THROUGH Annual funding calculations include HHW Fees collected on behalf of all County jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the Agency Agreement will receive their pro -rata share of funding received by the COUNTY from the HHW Fee. If CITIES not participating in the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit residents to participate in I-1HW Program services on an emergency basis, then services to these residents will be provided on a cost recovery basis. A charge equal to the established rates charged by the Countywide I -11-1W Program to Conditionally Exempt Small Quantity Generators will be billed to the CITIES. A CITIES' representative must call the Countywide HHW Program appointment line to schedule an appointment for the resident. The pro -rata share of liability will be shared as defined in Section 29 of AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and as described in Exhibit D. 11 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 107 EXHIBIT D SECTION 29 OF AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or Liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY's apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for. such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 26 of the AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non -county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the county as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. 12 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 108 COUNTY shall require Conditionally Exempt Small Quantity Generators ("CESQG") and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 13 AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FYs 2013 - 2015 109 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made by and between the (CITY) and the County of Santa Clara (COUNTY) on the day of 2012. RECITALS WHEREAS, the County Board of Supervisors has approved a Countywide Household Hazardous Waste Collection Program whereby residents of the County and participating jurisdictions will have an opportunity to safely dispose of household hazardous wastes, regardless of the specific location at which the collection has been scheduled; and WHEREAS, the participating jurisdictions desire to provide residents with convenient opportunities to safely dispose of their household hazardous waste (HHW) in order to encourage the proper disposal of toxic products, and avoid unauthorized or improper disposal in the garbage, sanitary sewer, storm drain system, or on the ground, in a manner which creates a health or environmental hazard; and WHEREAS, the participating jurisdictions desire to provide a safe, convenient, and economical means for residents to dispose of household hazardous wastes. These wastes include, but are not limited to, common household products such as household cleaning products, spot remover, furniture polish, solvents, oven cleaner, pesticides, oil based paints, motor oil, antifreeze, car batteries, mercury thermostats, fluorescent lamps, household batteries, and electronic waste. Residents of the CITY listed above will be eligible to bring HHW to any household hazardous waste collection event or facility where these wastes will be accepted for proper disposal as described below; and WHEREAS, the participating jurisdictions desire to schedule Household Hazardous Waste Collection Events (Events) for residents for FY 2013 through FY 2015 (July 1, 2012 — June 30, 2015); and WHEREAS, the participating jurisdictions desire to provide household hazardous waste collection services to a minimum of 4% of the households per fiscal year in each participating jurisdiction; and WHEREAS, the County Board of Supervisors has approved a Countywide AB939 Household Hazardous Waste Fee (AB939 HHW Fee), as authorized by Public Resources Code 41901, to be collected at $2.60 in FY 2013 through FY 2015 on each ton of waste landfilled or incinerated within the county, received at any non -disposal or collection facility located within the county and subsequently transported for disposal or incineration outside of the county, collected from any location within the county by a solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by any local jurisdiction and subsequently transported for disposal or AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 110 incineration outside of the county, or removed from any location in the county by any person or business for disposal or incineration outside the county. NOW, THEREFORE, CITY and COUNTY AGREE AS FOLLOWS: 1. PURPOSE The purpose of this Agreement is to state the terms and conditions under which CITY will participate in the Countywide Household Hazardous Waste Collection Program (CoHHW Program) available to its residents. Participating jurisdictions are those jurisdictions that enter into an AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. 2. PROGRAM FUNDING SOURCE HHW Program services are directly mandated under AB939, which establishes statutory authority to provide for funding to support planning and implementation of integrated waste management programs. The AB939 HHW Fee, of $2.60 per ton, collected as part of the AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE will be the primary source of funding for CoHHW Program services. Funds derived from the AB939 HHW Fee will be allocated among four types of CoHHW Program service costs as follows: A. Fixed Program Costs will be apportioned based on the number of households in each participating jurisdiction. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most Report, "Population Estimates for California Cities and Counties." B. San Jose Facility Use Surcharge will be apportioned based on CITY's anticipated participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. C. Variable Cost Per Car provides a base level service of 4% of households in all participating jurisdictions. The number of households will be determined at the beginning of each Fiscal Year by statistics compiled by the California Department of Finance, Demographic Research Unit from their most Report, "Population Estimates for California Cities and Counties." D. Available Discretionary Funding funded on tonnage generated per participating jurisdiction. The projected AB 939 HHW Implementation Fee Allocation by jurisdiction is set out in Attachment A, attached hereto and incorporated herein. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 111 3. FIXED PROGRAM COST Fixed Program Costs shall be $2.08 per household in Fiscal Year 2013 and $2.14 per household for Fiscal Years 2014 and 2015. Estimated HHW Fixed Costs are projected in Attachment B, attached hereto and incorporated herein. Fixed Program Costs may include, but are not limited to ten (10) CoHHW Program staff members, facility leasing costs, vehicle lease costs, office rent, office supplies, county administrative overhead, county legal counsel, training costs, equipment and facility maintenance and union negotiated salary and benefit changes. 4. ABANDONED WASTE DISPOSAL COST The existing unexpended non-profit abandoned waste fund balance of approximately $76,000 will fund disposal of HHW illegally abandoned at nonprofit charitable reuser organizations as defined in Public Resources Code Section 41904. For the purposes of this agreement, PUBLIC RESOURCES CODE SECTION 41904 defines a nonprofit charitable reuse organization as follows: "Nonprofit charitable reuser" means a charitable organization, as defined in Section 501(c)(3) of the federal Internal Revenue Code, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials. 5. SAN JOSE FACILITY USE SURCHARGE The San Jose Facility Use Surcharge will be $9.75 per car for FY 2013, and $11.50 per car FY 2014 and FY 2015. The total San Jose Facility Use Surcharge for CITY will be based on CITY's participation at the County Household Hazardous Waste Collection Facility located at 1608 Las Plumas Avenue, San Jose. Estimated San Jose Facility Use Surcharges are projected in Attachment A, attached hereto and incorporated herein. 6. VARIABLE COST PER CAR The Variable Cost Per Car is the cost associated with actual labor, waste disposal, transportation and other services provided to the residents at the County Household Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The Variable Cost Per Car is estimated to be approximately $59 per car for Fiscal Year 2013 and $62 per car for Fiscal Years 2014 and 2015. The estimated cost per car will be adjusted to reflect actual service costs. After Fixed Program Costs and San Jose Facility Use Surcharge are allocated on a per household basis, the Variable Cost Per Car will be used to calculate the costs to service 4% of households across all participating jurisdictions. If the level of 4% of households is not reached in a particular jurisdiction, the CoHHW Program will use the remaining balance of funds, in cooperation with the CITY that has less than 4% participation levels, to increase public outreach and/or provide additional services in that jurisdiction the following year. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 112 7. AVAILABLE DISCRETIONARY FUNDING The Available Discretionary Funding portion of the AB939 HHW Fee will be allocated based on the tons of waste generated within each jurisdiction, and after allocation of Fixed Program Costs, San Jose Facility Use Surcharge, and Variable Per Car Costs. Available Discretionary Funds will be paid as directed by each jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for how to spend these funds include, but are not limited to, increasing the number of residents served in that jurisdiction by the CoHHW Program, subsidizing curbside used motor oil collection, electronic waste (e -waste) collection, universal waste collection, emergency HHW services, funding HHW public education, the support of capital infrastructure projects to accommodate HHW drop-off and collection events, or providing special programs such as door-to-door collection of HHW for the elderly and/or persons with disabilities and neighborhood clean-up events. 8. ADMINISTRATION AND PAYMENT OF THE AB939 HHW FEE The Santa Clara County Integrated Waste Management Program (IWMP) will administer the AB939 HHW Fee, as part of the existing landfill billing system. Administration and payment will be made in accordance with the AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE. Notwithstanding the foregoing, the COUNTY shall maintain records of the amount, use, and distribution of Fixed Program Cost expenditures for at least five (5) years after the termination date of this Agreement, unless otherwise required by law to retain such records for longer period. CITY may request in writing a review by COUNTY of the Fixed Program Cost records. The review shall be performed within 30 days of request and results shall be reported to participating cities in writing. 9. PROGRAM PUBLICITY The CoHHW Program shall have available to the public a HHW brochure for distribution. The brochure will be made available at various events, including but not limited to, environmental events, community fairs. The brochure may also be distributed, upon request, to cities within the County and to County residents and businesses. The CITY shall be responsible for developing and coordinating citywide awareness of the HHW Program. The CoHHW Program shall be responsible for Countywide public education for used oil recycling. CoHHW Program public awareness responsibilities shall include, but not be limited to, the following activities: • Serving as the formal contact to the local media such as local newspapers and television news stations; • Providing participating jurisdictions with educational materials developed for the CoHHW Program; • Promoting oil and oil filter recycling by developing, purchasing, and distributing educational materials, media relations materials, basic art work and camera ready advertising materials for distribution countywide and for use by jurisdictions; AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 113 • Representing the program through educational presentations at schools and businesses and attendance at community events such as local fairs and festivals; and • Providing participating jurisdictions opportunities to review and comment on the development of countywide outreach materials. CITY's public awareness responsibilities, at the sole discretion of the CITY, shall include, but not be limited to, the following activities: • Providing a copy of HHW promotional materials to the CoHHW Program for review for accuracy and completeness, prior to publication; • Developing and distributing communications to residents for local and city newsletters, newspapers and to the electronic media; • Providing the CoHHW Program with a copy of locally produced materials; and, • Conducting and supporting outreach and publicity to attain the 4% goal of household participation. 10. DELEGATION OF AUTHORITY The Board of Supervisors delegates all CoHHW Program management to the Department of Agriculture and Environmental Management. The Director of the Department of Agriculture and Environmental Management has the authority to execute all vendor contracts necessary to operate the program, to execute any necessary license agreements, to add additional HHW services provided on a cost recovery basis, to amend any contracts or agreements, and to terminate any contracts or agreements. All contracts, agreements, and amendments shall first be approved by County Counsel as to form and legality and the Office of the County Executive. 11. TEMPORARY HHW EVENTS COUNTY shall conduct HHW Events at various sites located in Santa Clara County. COUNTY shall obtain all necessary permits and licenses required for the Temporary HHW Events and shall provide or contract for the services of properly trained, qualified personnel and hazardous waste haulers, and shall provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at the Temporary HHW Events. 12. HOUSEHOLD HAZARDOUS WASTE COLLECTION FACILITIES COUNTY shall conduct collection operations at two County Household Hazardous Waste Collection Facilities (CoHHWCF). A third facility is planned and should become operational in January 2013. The CoHHWCFs are located at: • Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale • San Martin, 13055 Murphy Avenue, San Martin • San Jose, 1608 Las Plumas, San Jose (future site, January, 2013) AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 114 The CoHHWCF will operate a reuse program, offering usable materials to the public at no charge. The COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected. 13. SMALL BUSINESS RECYCLING AND DISPOSAL PROGRAM COUNTY will provide services to accept hazardous waste from Conditionally Exempt Small Quantity Generators (CESQG). A CESQG is defined by federal regulation as a business that generates less than 100 Kilograms (220 lbs.) of hazardous waste or 1 Kilogram (2.2 lbs.) of extremely hazardous waste per month. Eligible businesses within the County will be allowed to bring their hazardous waste to CoHHWCF. This program will not be subsidized by participating jurisdictions. Services to businesses will be provided on a cost recovery basis, which will include program administration, on-site collection, transportation, and disposal costs. COUNTY will assume responsibility for fee collection from participating businesses. 14. ABANDONED HOUSEHOLD HAZARDOUS WASTE The CoHHW Program will allow for the disposal of abandoned HHW by government agencies and nonprofit charitable reusers. Abandoned HHW means HHW left at a property by an unknown party. Abandoned household hazardous waste does not include waste generatedby a known organization or agency in the course of normal business operations such as, but not limited to, the assembly or manufacture of products from new or used materials or the provision of charitable services such as classroom education, meal preparation, and shelter, or the provision of services for a fee. Government agencies shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for CESQGs. 15. NONPROFIT CHARITABLE REUSER A Nonprofit Charitable Reuser organization as established in Public Resources Code Section 41904, is a nonprofit as defined in Section 501(c) (3) of the United States Internal Revenue Code, or a distinct operating unit or division of the charitable organization. A Nonprofit Charitable Reuser is further defined as an organization that reuses and recycles donated material and receives more than 50% of its revenues from the handling and sale of those donated goods or materials. In order to qualify as a Nonprofit Charitable Reuser, the business must submit to the COUNTY Director of Environmental Health a request to be so designated. The Director shall review the request and supporting documentation and shall make a final decision on the designation. COUNTY will accept abandoned HHW from Nonprofit Charitable Reusers and will waive disposal fees on the cost of disposal of the abandoned HHW in an annual amount not to exceed funds available from the existing unexpended abandoned waste fund. Funding for disposal available to Nonprofit Charitable Reuser shall be on a first come first serve basis. Once the cost for disposal of the abandoned HHW from Nonprofit Charitable Reusers is equal to the available funds, disposal fees shall no longer be waived, and Nonprofit Charitable Reusers shall be charged for disposal of abandoned HHW according to the CoHHW Program's published rates for AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 115 6 CESQGs. No additional costs shall be applied to the budget of a participating jurisdiction. 16. HOUSEHOLD HAZARDOUS WASTES ACCEPTED HHW accepted by the CoHHW Program shall be limited to materials as defined in Health and Safety Code Section 25218, as amended from time to time, and include, but are not limited to, automotive fluids, automotive and other types of batteries, latex and oil paint, oil filters, garden chemicals, household cleaners, pool chemicals, mercury thermostats, fluorescent lamps containing mercury, household batteries, e -waste and other common hazardous consumer products. 17. WASTES NOT ACCEPTED Certain hazardous wastes shall not be accepted for collection and disposal. These include, but are not limited to, compressed gas cylinders larger than 5 gallons, radioactive materials, and explosives. Other wastes not accepted by the CoHHW Program are wastes generated as part of operating a business, including a home operated business, except that waste from CESQGs as provided for in Section 13 of this Agreement shall be accepted. 18. ADDITIONAL SERVICES UNDER THIS AGREEMENT CITY may elect to augment funding provided for in this Agreement with CITY funds. Additional services shall be made available upon written agreement between the CITY's authorized representative and the Director of the Department of Agriculture and Environmental Management. Additional services may include, but are not limited to, additional appointments (charged at the variable cost per car rate), door-to- door HHW collection, used oil filter collection, universal waste collection, electronic waste collection, and abandoned waste collection. CITY agrees to augment up to an additional $ to the Countywide HHW Program during Fiscal Year 2013 for the purpose of attaining or increasing resident participation above the 4% service level at the scheduled collection dates listed in Attachment C, attached hereto and incorporated herein. Augmentation will be calculated at the Variable Cost Per Car rate. Other services will be charged based on a cost recovery basis. CITY authorizes the COUNTY to use CITY'S Available Discretionary Funding portion of the AB939 HHW Fee, if available, to pay for the above agreed additional augmentation amount. At the end of each fiscal year, a final annual cost statement shall be prepared by COUNTY and issued to CITY by November 30th. The annual cost statement will take into consideration costs incurred on behalf of CITY for additional services and all payments made by CITY to COUNTY. If any balance .is owed to COUNTY, it will be due within 30 days following receipt of the annual cost statement. If any credit is owed to CITY, COUNTY will refund that amount to CITY within 30 days following delivery of the annual cost statement. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 116 19. INFORMATION AND APPOINTMENT LINE COUNTY will operate a telephone information and appointment desk Monday through Friday, from the hours of 8:30 a.m. to 4:30 p.m. The information service will register residents for the Temporary HHW Events and the collections at CoHHWCF. The information service will provide information about hazardous household materials. CITY will be notified immediately if resident participation approaches a level of service that may not be supported by available funding. 20. SCHEDULING AND SITE SELECTION COUNTY shall work with CITY to determine the date(s) of Temporary Events and collections at the CoHHWCF. CITY shall coordinate with COUNTY in locating and securing sites for Temporary HHW Events. It is recognized that some of the jurisdictions participating in the CoHHW Program may not have appropriate sites available. A proposed HHW schedule for Fiscal Year 2013 of Temporary Events and collections at CoHHWCF is included as Attachment C. COUNTY will schedule an adequate number of collection days to serve the 4% level of service in each participating jurisdiction. The COUNTY determines the adequate number of collection days by tracking attendance at each event. 21. OUTSIDE FUNDING During the term of this agreement, COUNTY will seek outside funding sources to begin services that would supplement existing services such as permanent collection sites, equipment, retail take -back collection and operational funding. If funding is obtained, the Program will, at COUNTY's discretion, proceed with development of additional programs without affecting CITY's available funding allocation. 22. ELECTRONIC WASTE COLLECTION The CoHHW Program will accept electronic waste (e -waste) from residents and businesses throughout the county. A contractor has been selected to perform services and shall reimburse the County pursuant to the Electronic Waste Recycling Act of 2003 (California State Senate Bill 20) and the Electronic Waste Recycling Act Amendments of 2004 (California State Senate Bill 50), contractor shall remit to COUNTY, recycling and disposal reimbursements for the electronic equipment designated under this Act that are collected by contractor on behalf of the COUNTY. Any and all revenues generated by this service will be applied to lowering the Variable Cost Per Car for all cities and COUNTY. 23. REGIONAL GRANT AND OIL PAYMENT PROGRAM ARTICIPATION The CoHHW Program is hereby given permission by all participating jurisdictions to apply for future grants and the Oil Payment Program, from the California Department of Resources Recycling and Recovery (CalRecycle). The CoHHW Program will act on behalf of all participating jurisdictions, as the lead applicant and administrator. The CoHHW Program will oversee how the moneys are used and work in AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 117 cooperation with CITY as to how the funds will be spent. Nothing in this section shall preclude a participating jurisdiction from applying for grant funds in any case where the CoHHW Program does not apply. 24. EMERGENCY SERVICES Participating jurisdictions, at their option, may desire to provide residents with convenient emergency opportunities to safely dispose of their HHW in the event of a disaster. The purpose of this emergency planning for HHW is to minimize potential public health and safety impacts, as well as to minimize costs and confusion. Attachment D sets out CITY and COUNTY responsibilities for the collection of household hazardous wastes in response to an emergency. CITY shall make good faith efforts to provide the public with information related to the problems associated with HHW. Upon the decision to hold an emergency collection event, it is CITY's responsibility to make a good faith effort to prepare and disseminate the necessary outreach to notify the public of an emergency collection event. An emergency collection event shall be initiated by a written request from CITY to COUNTY. Emergency collection events can be scheduled in as little as ten (10) working days of CITY's written request or at an agreed upon date thereafter. The emergency collection plan is set out in Attachment D, Household Hazardous Waste Emergency Collection Plan. COUNTY agrees to conduct the event at a mutually agreeable site and time. The COUNTY will obtain the necessary permit from the State Department of Toxic Substances Control and will handle wastes in accordance with State law. COUNTY will bill CITY for all emergency events on a cost recovery basis and all payments shall be due COUNTY within thirty days following the receipt of the invoice. 25. PRIVATE SPONSORED EVENTS COUNTY may also secure funding from corporations or agencies to conduct HHW Collection Events for corporate employees and residents of participating jurisdictions and to pay for special programs such as Universal Waste collection at retail locations. The transportation, treatment and disposal liability for nonresident employee participation in these events shall be shared by all participating jurisdictions and the COUNTY, as described in Section 29 of this Agreement. Summary information concerning these corporate sponsored events will be included in the CoHHW Program's annual report to the participating jurisdictions. 26. INSURANCE REQUIREMENTS Contractors who provide hazardous waste transportation, treatment, or disposal services shall have the required insurance as outlined in Attachment E, Exhibit B -2D (revised) Insurance Requirements for Environmental Services Contract. Other contractors shall have insurance in amounts to be determined by COUNTY Insurance Manager, after consultation with CITY. COUNTY shall obtain insurance certificates from each of the contractors prior to the contractor providing service to the program naming the COUNTY as an additional insured. AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 118 27. WASTE TRACKING AND REPORTING COUNTY will provide a mid -year report to CITY regarding participation rates from each participating jurisdiction by March 15, 2013. Mid -year and year end reports will outline the types and quantities of waste collected, the amount of waste diverted for reuse or recycling and the waste management method for each waste stream and associated costs for services. COUNTY will prepare a report summarizing program activities which will be delivered to the participating jurisdictions no later than six months after the end of COUNTY's fiscal year. It will be assumed for cost and reporting purposes that each participating jurisdiction is contributing to the waste stream in proportion to the number of its residents who directly participate. COUNTY shall take steps to assure that the bi-annual statements to jurisdictions reflect the funds necessary to cover costs for CITY participation in services scheduled during the next quarter. 28. PARTICIPATION REPORTING COUNTY shall employ means necessary to verify the place of residence of all participants in the CoHHW Program. 29. HOLD HARMLESS AND INDEMNIFICATION In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between CITY and COUNTY pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead COUNTY and CITY agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other parties under this Agreement. Additionally, CITY shall indemnify COUNTY for CITY'S apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of the household hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. Apportionment for disposal liability shall be determined by each participating jurisdiction's pro rata proportion of household participation in the Program. Apportionment for AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 119 10 transportation and treatment liability shall be determined by each participating jurisdiction's pro rata household participation at the event where the waste was generated. COUNTY will use reasonable efforts to obtain recovery from all available resources, including insurance, of any liable hauler or liable disposal facility operator. No liability shall be apportioned to CITY for transportation, treatment or disposal in any case where COUNTY has contracted for such services and has failed to require the contractor to maintain the insurance requirements set forth in Section 26 above. CITY shall further indemnify COUNTY for CITY's apportioned share of liability incurred and attributed to the Countywide HHW Program for the transportation, treatment or disposal of household hazardous waste at corporate sponsored events where non -county resident employees of the corporate sponsor are authorized to participate in the event. Liability for the nonresident portion of the disposal of waste shall be shared by the cities and the COUNTY as described above. The nonresident portion shall be determined by calculating the percentage of nonresidents participating in the event. This percentage will then be subtracted from the total liability for the household hazardous waste prior to assessing CITY's apportioned share of any liability for the household hazardous waste. COUNTY shall require CESQGs and Nonprofit Charitable Reusers to indemnify COUNTY for their apportioned share of any liability incurred and attributed to the Countywide HHW Program for the transportation, treatment, or disposal of their hazardous waste, once the waste has been accepted by a licensed hazardous waste hauler. The CESQG and Nonprofit Charitable Reuser portion of the waste shall be determined by calculating the percentage, by weight, of the total household hazardous waste accepted by the CoHHW Program. This percentage will be used to calculate the portion of liability attributed to CESQGs and Nonprofit Charitable Reusers and will be subtracted from the total liability prior to assessing CITY's apportioned share of any liability for household hazardous waste. 30. TERMINATION This Agreement may be terminated by either the COUNTY or CITY upon thirty (30) days written notice given by the terminating party. 31. TERM OF AGREEMENT The term of this Agreement shall be from July 1, 2012 to June 30, 2015, or until all revenue from the last quarter's Fee payments has been distributed, whichever is later. 32. EXTENSION OF TERM This Agreement may be extended for succeeding three-year term if COUNTY and participating jurisdictions so agree in writing. /1 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 120 11 33. INDEPENDENT CONTRACTOR Each party shall perform responsibilities and activities described herein as an independent contractor and not as an officer, agent, servant or employee of any of the parties hereto. Each party shall be solely responsible for the acts and omissions of its officers, agents, employee, contractors and subcontractors, if any. Nothing herein shall be considered as creating a partnership or joint venture between the parties. 34. EXECUTION BY COUNTERPART This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed an original and all of which shall together constitute one and the same instrument. 35. CONTROLLING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. ENTIRE AGREEMENT This document embodies the entire Agreement between the parties with respect to the subject matter hereof. No modification of this Agreement shall be effective unless and until modification is evidenced by writing signed by all parities or their assigned designates. 37. NOTICES All notices and communications herein required shall be in writing to the other party as follows, unless expressly changed in writing: CITY of Santa Clara County City Representative Representative's Title City Address Director Department of Agriculture and Environmental Management 1553 Berger Drive San Jose, CA 95112 AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 121 12 Attachments: A Projected Fiscal Years 2013, 2014, and 2015 AB939 HHW Fee Funding Allocation by Jurisdiction B Estimated HHW Program Fixed Costs for Fiscal Years 2013, 2014, and 2015 C HHW Schedule of Collection Events for Fiscal Year 2013 D Household Hazardous Waste Emergency Collection Plan E Exhibit B -2D (revised) Insurance Requirements for Environmental Services Contracts IN WITNESS WHEREOF, the parties have executed this AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM on the dates as stated below: "COUNTY" George Shirakawa, President Board of Supervisors Attest: Maria Marinos Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: (--14/C.e2W.03/24 /ze Mark Bernal Deputy County Counsel "CITY" CITY/TOWN OF A municipal corporation By: Title: Date: AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 122 c 0 .0 LLc c >- a) a- 0) C0 m ct) a. Attachment A n/ 0 - ..c-) . c7) u f• < a. a) a) r-- 222 a) 472 I co co 0 0 o 10,412 co CV co r- to Anticipated Participation 0) 0) r.. 708 coco co co 347 co )-- ,— 0., N- c0`" .,-. co r-- 0. 0 sr N- CO .,- 0) 0 (0 , 0) 0) 0 . (0co ,- &•,,_;4-„,,,,;::.,..,4A.,:;_,:l. 1 1069896.:•69 36,624 t .0 1, o - r , a) » CO. ifq'rc0i. t . '0oN".-i 0 1-1. c.' 1 0) 0m62' W =mr( 4 1 w 1') - , . ' rt-P;stk6 0, (1. 4 .,..,,,, ' }.., ‘ i.6. CP;P tr , 0„ , .2tC) ,." 6 IN , "'Sr, :1 Ni- o 0) 5 o - EN ts o c i CP nr , Discretionary Fund (8,794.28) 0 N. co 03. & S 0 a) NI. N. CV (18,203.60)1 CV a) (0 c- . S co i7c3 a' ,- CO CP co co ct, cd co 6 CV c) ,x) a) (0(0 0 CI N. sr ul. (D (28,750.60) CV '-.. co to ('1 QS a) CY S. co 0) a) ,--: CV 1- ....... I51,303.74 (13,454.38) Fl. 0 6 co 1- (59,278.93) (83,927.28) Variable Cost $59 per car 40,044.48 (0 N- (0 0) "3 0) •st co -a (0. 0 N1 CV to" co 64 26,441.44 or r-: •tr CO 0. r-- V) CV ,- cd ()0') CO 0 CI 0) 0 a) ai C . i CD 0- 64 CV PI r- S 00 69 0 oi N st 0 0') 64 0 or 0 s- 1- ci 03sr co 03 CV c; LO 0 co (1) 03 0 N: CO CO ,-- c0 c0) I$ 26,304.56 1'7. ,.„ co (0 10 Csi LO 0 ui. co $ 1,427,228.88 SJ Facility $9.75 use surcharge 0) 64 $ 2,108.69 $ 167.85 .1. a) o) o 04 0 al $ 3,244.47. 0 o -a co a) c:? 69. $ - 11,574.50 oi Fixed Cost $2.08 per HH 4 ri a) CV eri a) (a CO CV u-;4 co N. r) -tt V) C V S Zi-• 0 (0 0) C I C9. .a. 0 (1) co- (N 0) (D ,,- " eo 64 OD Cc) 6 N,(C) ,_ N: 04 64 $ 41,350.40 2,676.96 0 CV ri CO al 0') 64 $ 70,605.60 , 64 $ 657,535.84 $ 94,646.24 $ 23,183.68 oc; r- 0 (0 ,- 03 <0. r- NI N- (0 in -tr. c(3. a) 0 CO r*-: ..0 69. AB939 HHW Fee $2.60 per ton $ 70,237.55 (NI a) co a/ N co $ 94,221.05 0) N'. (V oto N'''. co V) to a) S. r- 0- (0 ca $ 47,803.11 $ 128,627.78 2,310.02 $ 94,244.03 $ 123,915.20 NI ( ai ('4 NI (0 0) 69 $ 1,377,104.23 $ 256,581.53 $ 38,880.86 0 (0. (0 ,- o4 64 I$ 76,375.80 $ 2,739,308.45 Disposal tonnage 27,014.44 28,343.36 36,238.87 43. CV 1.0 0) Cl 2,583.69 1- co. 1.0 03 CO (0 49,472.22 888.47 36,247.70 a) co. 0) 10 (.0 N co S a) CO r- (0 N yt ai 10 co 0) CV 10 1 98,685.20 CO ,- ((t 1.0 0) 0 1- oa sr. 00 CV 00 CO CO'(t I29,375.31 1,053,580.17 4% of Households ‘r (0 -71- . (0 0) cd a) ..0 (I) /- ai 4 CO 0. 0(‚4r•-: 0.1 r- 522.68 795.20 CO ‘0 .63 0 0. 0 ,co (4) 1.357.80 0 0 0 . CV CP 4 W.. CV r- 1,820.12 445.84 CV (.1 NI V' CO(0 ,- N- 1- CV M. 0 0, e•- 0- CV No of Households CO(t co 0 ce,- 4 S - TV 14.924 o CV I- CV o 0 co 13.067 0 co a) O n N- CO 01 ,- (c) 0) ('4(.6 n-0') (r) 28.257 co CV L ,- CT; 45.503 (0 yr •.- ,- r- 0d' co tri LO to 0 N: CV 633,015 (') w — 0. E 6.1 L) o . a. 7 (-) 0 5 en o 0 -J en ± n 0 0 -1 en 0 -9 a 0 c P. a)I co 0 0 0 3 a) io c 0 < 0 (6 0. a) (4) - o) c (6 V) 2 0 1ca c 0 co 0 t o 2 (0 (f Sunnyvale Unincorporated Total 123 Attachment A ,Z1 M(0 a) c :' Ta' 8 '5 .0. co as a . .5 u_ E. < co (i) a. 472 CO 200 11,279 CO V) co 292 . 37,864 I 15,033 Anticipated Participation 935 1,517 708 to r- 347 I .,- r , N-... r r (0 ,-. 3,809 CD 1.0 03 . -,-. CD 16) cp 'IN . .t0 cv CD' .. .0 ÷. ID — .0- P ,--0, CPN. .71 ) r.SC (0 ,-", CO N''() ... 69. t- (0 r "77., .., ,... 0) Discretionary Fund CO PI Csi (26,003.86)1 0) r-. N. 0 Lri CO 0 0 CO C. 0 (3) N: 34,279.44 (4,279.92) 34,159.04 (35,210.70)' 98,253.12 (213,097.71) CD CO COD C °. ,'-,'-(7) ID 1`... 4)) (0 03 (4) 01 ,..., 17: NC) ND Variable Cost $62 per car (0 03 O. 52,181.68 CV ul '5.. r -co CO 27,785.92 r- 0 ,:r 49,302.40 (D Z11; 32,029.20 84,183.60 I$ 783,985.04 r- r- c- 0 ‘r (.3 e- (Li (0 I$ 1,499,799.84 SJ Facility $11.50 use surcharge • ' . (D *.t h: CV .. $ 2,548.44 $ 5,430.58 $' 2,502.74 $ 644.00 . , , . . . $• ' 3,358.00 (..- . , (0 0 . CO Fixed Cost $2.14 per HH $ 36,311.52 $ 45,027.74 CO CO N.: 03 C7) ;3 CO $ 23,976.56 $ 6,424.28 $ 27,963.38 $ 42,543.20 $ 2,754.18 0CO 1.- CO CO (0.. cv CO. $ 72,642.30 ( 0 r- (0 $ 97,376.42 CO CD Oc $ 59,804.44 CV 40 03 AB939 HHW Fee $2.60 per ton $ 70,237.55 $ 73,692.74 $ 94,221.05 $ 33,702.79 r- CZ co ,-N CO oo CV 0 o 1-. co c., 0) $ 94,244.03 LO ,- a) oi 01 , $ 98,253.12 I$ 1,377,104.23 $ 256,581.53 co co cri CO VI $ 216,641.04 $ 76,375.80 $ 2,739,308.45 Disposal tonnage ,- C CD CQ. CO CO CO CV CO CO (0 (0 0.1 0)CO (04O CO (0 (1) CV44' 18,385.81 49,472.22 36,247.70 I529,655.47 (1) CO CO <- 40a (ci - tri 4'- CO Oi Cs( 1,053,580.17 4% of Households 678.72 .a. cp. •;1: CO co 40 CO c, 003 CV .0... 522.68 795.20 03 'cr U.73 ca ,- 10 1,357.80 0.00 0) 0. cv CV r- 6 CV °. ,- 445.84 2,232.28 sh C°. l'... ‘,.. ,-.. CV M. 0 0) ..f No of Households c0 t- .,-. •a- c.<0CP 43 co 13,067 0) s- mr- uo 'CT) 0. t-- Q 28.257 ..- oi N.- CO 45.503 CC) (.6 (.0 27.94E v0 - Cci CO CO 11-) E0 co C.) 0 0 2 0 C..9 0 . (./) W . 0 2 0 < co '7 F-5 CO MI c co 4/) .•-• co CO CO 1.°. 0 ._ 124 stimated Fixed Costs For Fiscal Year 2013 ATTACHMENT B tr.) N C> Cis Cis 0 On ca; kr) r•-• Lc) (NI —4 N EA) GS En. GS CX) 64 6S 64 GS 64 Staff Salary And Benefits 0 •§ Sunnyvale, San Jose, Temporary Year 2014 and 2015 Estimated Fixed Costs For Fisca Cl) 0 wX LL 0 0 0 0 0 0 0 0 ytt N00000000 N Cis 0 On Cis N On v.) r- tr) N N 6S 6S SS 94 00 6S N 64 64 64 Staff Salary And Benefits 0 Cd 0 Vehicle Lease Costs 125 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 20n3 2012/Monm Day Date Location Type of Event County Holidays/ Notes July Saturday 7 No Event No Event ` FOURTH OF JULY Friday 13 San Martin Permanent Saturday 14 San Martin Permanent Saturday 21 Sunnyvale Permanent Saturday 28 Santa Clara Temporary August Friday 3 San Martin Permanent Saturday 4 San Martin Permanent Saturday 11 San Jose Temporary Saturday 18 Sunnyvale Permanent Friday 24 San Martin Permanent Saturday 25 San Martin Permanent September Saturday 1 No Event No Event LABOR DAY WEEKEND Saturday 8 San Jose Temporary Saturday 15 Sunnyvale Permanent Friday 21 San Martin Permanent Saturday 22 San Martin Permanent Saturday 29 Santa Clara Temporary October Friday 5 San Martin Permanent Saturday 6 San Martin Permanent Saturday 13 San Jose Temporary Saturday 20 Sunnyvale Permanent Friday 26 San Martin Permanent Saturday 27 San Martin Permanent November Friday 2 San Martin Permanent Saturday a San Martin Permanent Saturday 10 No Event No Event` VETERANS DAY Saturday 17 Sunnyvale Permanent Saturday 24 No Event No Event THANKSGIVING December Friday 30 San Martin Permanent Saturday 1 San Martin Permanent Friday 7 San Martin Permanent . Saturday San Martin Permanent Saturday 15 San Jose Temporary Saturday 22 No Event ' ` ` NoEvent ' CHRISTMAS Saturday 29 No Event No Even . NEW YEARS 2013/Jan Fri, Sa 4,5 San Martin Permanent Thurs,Fri,Sat 3,4.5 San Jose Permanent Thurs,Fri,Sat 10.11`12 San Jose Permanent Thurs,Fri,Sat 17.18.19 San Jose Permanent Saturday 19 Sunnyvale Permanent Thurs,Fri,Sat 24.25.26 San Jose Permanent Saturday 26 Santa Clara Temporary 126 ATTACHMENT C: HHW SCHEDULE OF COLLECTION EVENTS FOR FISCAL YEAR 2013 -continued 2013/Month Day Date Location Type of Event County Holidays/ Notes February Fri, Sat 1,2 San Martin Permanent Thurs,Fri,Sat 31,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Saturday 16 Sunnyvale Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent March Fri, Sat 1,2 San Martin Permanent Thurs,Fri,Sat 28,1,2 San Jose Permanent Thurs,Fri,Sat 7,8,9 San Jose Permanent Thurs,Fri,Sat 14,15,16 San Jose Permanent Saturday 16 Sunnyvale Permanent Thurs,Fri,Sat 21,22,23 San Jose Permanent Thurs,Fri,Sat 28,29,30 San Jose Permanent April Fri, Sat 5,6 San Martin Permanent Thurs,Fri,Sat .4,5,6 San Jose Permanent Thurs,Fri,Sat 11,12,13 San Jose Permanent Saturday 13 Los Altos Temporary Thurs,Fri,Sat 18,19,20 San Jose Permanent Saturday 20 Sunnyvale Permanent Thurs,Fri,Sat 25,26,27 San Jose . Permanent Saturday 27 Santa Clara Temporary May Fri, Sat 3,4 San Martin Permanent Thurs,Fri,Sat 2,3,4 San Jose Permanent Thurs,Fri,Sat 9,10,11 San Jose Permanent Thurs,Fri,Sat 16,17,18 San Jose Permanent Saturday 18 Sunnyvale Permanent Saturday 25 No Event No Event MEMORIAL DAY WEEKEND June Fri, Sat 31,1 San Martin Permanent Thurs,Fri,Sat 30,31,1 San Jose Permanent Thurs,Fri,Sat 6,7,8 San Jose Permanent Thurs,Fri,Sat 13,14,15 San Jose Permanent Saturday 15 Sunnyvale Permanent Thurs,Fri,Sat 20,21,22 San Jose Permanent Thurs,Fri,Sat 27,28,29 San Jose Permanent Saturday 29 Milpitas Temporary *SUBJECT TO CHANGE 127 Attachment D HOUSEHOLD HAZARDOUS WASTE EMERGENCY COLLECTION PLAN 1: PURPOSE The purpose of the Household Hazardous Waste Emergency plan is to minimize potential public health and safety impacts, as well as to minimize costs and confusion during an emergency or disaster. This Attachment describes the services the County can provide and the responsibilities of each party for the collection of household hazardous wastes (HHW) in response to an emergency as defined by the local jurisdiction. Jurisdictions should contact local emergency agencies, the Governor's Office of Emergency Services (OES), and the Department of Toxic Substances Control (DTSC) for more specific information on hazardous materials emergency response. 2. Timing of HHW While it is important to have special collection opportunities for disaster -related HHW as soon as possible to avoid illegal disposal or harm to people and/or the environment, having an event or service too soon after a disaster may result in low participation. Sufficient public notification, assessment and monitoring of the disaster, and cleanup process by the City HHW Coordinators is essential. 3. Public Information/Notification: Cities should be prepared to provide the public with information related to the problems associated with HHW along with information about special collection events and services. Upon the decision to hold an emergency collection event, it is the City's responsibility to prepare and deliver the necessary public outreach to notify the public of an upcoming event. A City's public outreach program should evaluate all forms of media including: newspaper ads, posters, flyers, press releases, banners, door -to-door notices, roadside signs, signs on dumpsters, radio public service announcements, and television public access stations. Be aware of communities where multiple language ads will be necessary. 4. State HHW Collection Permits The State Department of Toxic Substances Control (DTSC) is responsible for issuing the necessary state permits for HHW collection facilities. During an emergency, the County will obtain the necessary emergency permit, for special collection of household hazardous waste, from DTSC through their expedited approval process. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 19 128 S. Collection Events Temporary collection events can be set-up at various sites including parking lots, city maintenance yards, neighborhoods needing service, and at landfills or a centralized location to service larger segments of the population. Waste collected can be transported with the HHW Program's hazardous waste transportation vehicle. In additional, events can be scheduled at the two existing Countywide Household Hazardous Waste Collection Facilities (CoHHWCF). The following options are available to each participating City. • Neighborhood Drop-off Events: The County is able to provide localized service to specific areas in need of household hazardous waste collection services. The County will work with City Solid Waste Coordinators to conduct coordinated efforts to residents in the affected area. After a specific event, waste will be transported by County staff or a hazardous waste contractor to an appropriate facility. • Mobile HHW Event: The County conducts Household Hazardous Waste Collection Event (Events) at various sites located in Santa Clara County throughout the year. Events will be expanded to give priority to disaster victims when requested by the City. The County shall obtain all necessary permits and licenses required for the events and shall provide and/or contract for the services of properly trained personnel and hazardous waste haulers. The County shall also provide or secure suitable equipment and supplies to properly receive, package, label, haul, recycle and dispose of the household hazardous wastes collected at events. • CoHHWCF: The County operates two permitted HHW collection facilities for the collection and storage of HHW. A third facility is planned and should become operational in January 2013. The County shall provide or contract for services, equipment, and supplies to properly receive, package, label, haul, recycle and dispose of wastes collected at the CoHHWCF. The CoHHWCF are located at: • Sunnyvale Recycling Center, 164 Carl Ave., Sunnyvale • San Martin, 13055 Murphy Ave, San Martin • San Jose, 1608 Las Plumas, San Jose (future site, January 2013) 6. Costs, Documentation, and Reimbursements Cities will be billed on a cost recovery basis. Costs of emergency events will be tracked and billed separately. Emergency funding applications pending from the State or Federal government for reimbursements in no way relieves the City of responsibility to make timely payment to the County in accordance with the terms of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. The County agrees to provide the City with a detailed accounting of services provided AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 20 129 for an emergency collection. Documentation will track the time and materials of staff, outside contractor expenses, and quantities and types of waste collected to demonstrate that the wastes were generated above and beyond existing collection programs. Services to businesses will be provided on a cost recovery basis and according to Attachment D of the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM, which includes program administration, on-site collection, transportation, and disposal costs. The County will assume responsibility for collecting fees from participating businesses. 7. State and Federal Assistance and Funds It is the city's responsibility to pursue reimbursement from State or Federal agencies. State Office of Emergency Services (OES) The OES is responsible for requesting assistance on behalf of local jurisdictions for resources beyond the capability of the jurisdiction. State assistance may include assistance available from State, Federal, or private sources. If a local jurisdiction is declared a state disaster area, and the local jurisdiction deems that the needs of the disaster response are beyond its capabilities, then the local jurisdiction can request assistance and reimbursement of costs from OES. Follow Standardized Emergency Management System (SEMS) All requests and emergency responses must be in accordance with the SEMS. The State Department of Toxic Substances Control may have funding available for hazardous waste response and collection. Federal Assistance If a state disaster area is declared a federal disaster, then federal funding assistance may be available through the State OES. Funding and assistance may be available from Federal agencies such as FEMA and the U.S. EPA. Damage estimates: The city should provide to the State OES estimates of damages and a "scope of work requested." It is recommended that the local HHW coordinator meet ahead of time with local emergency agencies or State OES contacts regarding the proper procedures and wording of requests for assistance. Funding Process: The funding process may vary depending on the unique circumstances of the disaster. The process can either be the traditional FEMA reimbursement process, or by direct assistance from EPA. /1 REFERENCES AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 21 130 California Integrated Waste Management Board, Integrated Waste Management Disaster Plan: Guidance for local government on disaster debris management, January 1997. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 22 131 Emergency Planning Contacts and Personnel Primary County Contact: County of Santa Clara Department of Environmental Health Household Hazardous Waste Program Rob D'Arcy Hazardous Materials Program Manager 408-918-1967 Responsibility: Coordinate and establish proper collection and disposal methods for household hazardous waste. Assess the need for HHW and CESQG services in consultation with the City and other operations. Information and Public Affairs 2800 Meadowview Road Sacramento, CA 95832 916/262-1843 916/262-1841 (voice/TDD) OES - Coastal Region 1300 Clay Street, Suite 400 Oakland, CA 94612 510/286-0895 510/286-0877 (voice/TDD) CHEMTREC Emergency number, (800) 424-9300 Non -emergency (800) 262-8200 Chemtrec is a public service established by the Chemical Manufacturers Association. The Center was developed as a resource for obtaining immediate emergency response information to mitigate accidental chemical releases, and as a means for emergency responders to obtain technical assistance from chemical industry product safety specialists, emergency response coordinators, toxicologists, physicians, and other industry experts to safely mitigate incidents involving chemicals. AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM 23 132 Attachment E EXHIBIT B -2D (revised) INSURANCE REQUIREMENTS FOR ENVIRONMENTAL SERVICES CONTRACTS (Hazardous Waste Disposal, Remediation Services, Environmental Consulting, etc.) Indemnity The Contractor shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents, employees or sub -contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Contractor shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Contractor is obligated to indemnify, defend and hold harmless the County under this Agreement. Insurance Without limiting the Contractor's indemnification of the County, the Contractor shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Contractor shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Contractor upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Contractor shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Contractor. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. Rev. 4/2002 133 EXHIBIT B -2D (revised) C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1 Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence $1,000,000 b. General aggregate - $2,000,000 c. Products/Completed Operations aggregate - $2,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/C.ompleted c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: "County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds." Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the Rev. 4/2002 2 134 EXHIBIT B -2D (revised) additional insured endorsement as applicable and the contractor shall be notified by the contracting department of these requirements. 4. Automobile Liability Insurance For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired vehicles. Coverage shall include Environmental Impairment Liability Endorsement MCS90 for contracts requiring the transportation of hazardous materials/wastes. 4a. Aircraft/Watercraft Liability Insurance (Required if Contractor or any of its agents or subcontractors will operate aircraft or watercraft in the scope of the Agreement) For bodily injury (including death) and property damage which provides total limits of not less than one million dollars ($1,000,000) combined single limit per occurrence applicable to all owned, non -owned and hired aircraft/watercraft. 5. Workers' Compensation and Employer's Liability Insurance a. Statutory California Workers' Compensation coverage including broad form all -states coverage. b. Employer's Liability coverage for not less than one million dollars ($1,000,000) per occurrence. 6. Contractors Pollution Liability Insurance or Pollution Errors and Omissions Liability Insurance Coverage shall provide a minimum of not less than five million dollars ($5,000,000) per occurrence and aggregate for bodily injury, personal injury, property damage and cleanup costs both on and offsite. 7. Professional Errors and Omissions Liability Insurance (required for contractors providing professional services, such as through a professional engineer, registered geologist, etc.) a. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per occurrence/aggregate. b. If coverage contains a deductible or self -retention, it shall not be greater than fifty thousand dollars ($50,000) per occurrence/event. Rev. 4/2002 3 135 EXHIBIT B -2D (revised) c. Coverage as required herein shall be maintained for a minimum of two years following termination or completion of this Agreement. 8. Claims Made Coverage If coverage is written on a claims made basis, the Certificate of Insurance shall clearly state so. In addition to coverage requirements above, such policy shall provide that: a. Policy retroactive date coincides with or precedes the Consultant's start of work (including subsequent policies purchased as renewals or replacements). b. Policy allows for reporting of circumstances or incidents that might give rise to future claims. E. Special Provisions The following provisions shall apply to this Agreement: The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Contractor and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor. However, this shall not in any way limit liabilities assumed by the Contractor under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Contractors obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self-insurance retentions. 3. Should any of the work under this Agreement be sublet, the Contractor shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Contractor may insure subcontractors under its own policies. 4. The County reserves the right to withhold payments to the Contractor in the event of material noncompliance with the insurance requirements outlined above. F. Fidelity Bonds (Required only if contractor will be receiving advanced funds or payments) Before receiving compensation under this Agreement, Contractor will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or Rev. 4/2002 4 136 EXHIBIT B -2D (revised) countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Contractor will notify County immediately, and County may withhold further payment to Contractor until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. Rev. 4/2002 5 137 4 8 litzpoik MEETING DATE: May 2, 2012 SARATOGA CITY COUNCIL DEPARTMENT: Community Development PREPARED BY: Cynthia McCormick AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Zoning Amendment - Sign Ordinance (Article 15-30) RECOMMENDED ACTION: Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the Zoning Regulations related to Signs. REPORT SUMMARY: On April 18, 2012, the City Council conducted a public hearing, introduced the proposed ordinance, and directed staff to place the matter on the consent calendar at the next Council meeting. The proposed ordinance is attached. The proposed amendments would 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. ALTERNATIVE ACTION: Provide staff with alternative direction. FOLLOW UP ACTION: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted. ATTACHMENTS: 1. Ordinance 138 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 follows: 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. 1 139 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. 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. 2 140 The land outside of the four sign districts is primarily developed with agricultural, residential, and community -facilities (i.e., AP, A, ROS, HR, Rl, 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 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 would 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 3 141 closed sidewalk to keep pedestrians from using the closed 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. 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 4 142 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 following text: 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 5 143 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. 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 at one location for the purposes of this Article. (h) City means the City of Saratoga, California. (i) Director means the Community Development Director or designee. 6 144 (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 self -supported 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. (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 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. 7 145 (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, driveway, or parking lot, the width of both sides of the tenant space may be used for calculating allowable sign area. (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) Use means the primary function of an establishment, institution or other entity operating at a site or structure. No single business shall have more than one primary function for the purposes of this Article. (cc) 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. 8 146 (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) 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.. Notwithstanding Section 15-30-05.030 of this Code, this Article shall apply to City property. 15-30.040 - Design Criteria 9 147 (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 be externally illuminated, halo -lit solid surface, or internally illuminated individual 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 except as provided for elsewhere in this Article. (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. 10 148 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. No flagpole shall be higher than 25 feet. (b) Hand -Held Signs displaying non-commercial messages. (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 (75) cumulative days within a one year period. (2) No sign shall exceed four (4) square feet in area and four (4) feet in height. 11 149 (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) No signs shall be located on private property without 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. (f) 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 or co-sponsored 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. (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. 12 150 (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' 4 -0 - Sign Sign Copy I 7' minimum above grade Grade H Awning Sign Copy • 7' minimum above grade 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. (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. 13 151 9 SF • 10' phic 2: Pole Sign Examples ample 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. (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. (e) Illuminated cabinet signs. 15-30.090 - Quito Sign District 14 152 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. 15 153 (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. 16 154 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. (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 multi -family complex or subdivision, 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. 17 155 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: (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) No off-site signs shall be located on property without 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. (a) One temporary on-site sign per use may be located on a property that is actively marketed for sale or lease, provided that: (1) 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. (2) No sign shall exceed six (6) feet in height. (3) 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: 18 156 (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). 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 its 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. 19 157 (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 any approved sign program for the subject site; and (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 and limited to the relationships of the elements of form, proportion, scale, color, materials, surface treatment, overall sign size, and the size and style of lettering. (f) Prompt 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 20 158 (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 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 21 159 (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 and limited to 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. (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. 22 160 (c) Renewal. Any approved application which has been allowed to expire shall be subject to the filing of a new application pursuant to this Article. 15-30.180 — Sign Alteration (a) 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 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. 23 161 (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 Community Development Director, who shall waive the payment if he determines that the sign did not violate any provisions of this Article. The decision of the Community Development Director can be appealed to the City Council. (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 (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 24 162 (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. 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. 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: Chuck Page MAYOR, CITY OF SARATOGA, CALIFORNIA 25 163 Crystal Morrow CITY CLERK APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY 26 164 SARATOGA CITY COUNCIL MEETING DATE: May 2, 2012 DEPARTMENT: Community Development PREPARED BY: Michael Fossati AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Appeal of Design Review & Variance Approval for a new single-family residence at 21216 Bank Mill Road. RECOMMENDED ACTION: Deny the appeal, thus affirming the Planning Commission's approval of the design review variance applications. REPORT SUMMARY: At its March 14, 2012 meeting the Planning Commission approved design review (PDR08-0029) and variance (VAR08-0001) applications for a new two-story, single-family residence with a basement on a vacant lot located at 21216 Bank Mill Rd. (APN 503-55-005). The total floor area (excluding the 1,413 sq. ft. basement) of the home would be 4,178 square feet The variance approval would allow the home to be built on a slope exceeding forty percent and to construct retaining walls in the front setback that exceed three feet. The Planning Commission staff report has been included as Attachment 3. A topographic map demonstrating the sloped land area within the property is included in the plan set (Attachment 6). The City received an application appealing the Planning Commission' s approval on March 28, 2012 from an adjoining property owner living at 14665 Ambric Knolls Rd (Attachment 4). The appellant stated specific reasons for the appeal on the application via e-mail, dated April 24, 2012 (Attachment 5). Provided below are responses to the appellant's concerns. Concerns #1 & #4 - In November 2011, the applicant for the new home notified nearby neighbors of the project by personally hand delivering plans. The appellant had contacted Staff about the project in the month of December 2011, which led to a meeting between the appellant and the project applicant in January 2012. The applicant later resubmitted drawings to reflect the landscaping changes made to address the appellant's privacy concerns. The Planning Commission hearing was set and the standard noticing was mailed out. Staff has confirmed that the appellant was on the mailing list. The Planning Commission did not visit the neighboring site because they did not have authorization to access the property. Concerns #2, #3, & #8 — Technical issues such as specific soil conditions and sanitation requirements are addressed by the Building department through the plan check review process. Building plans are not reviewed until a project receives planning approval. Concern #5 — The project applicant is proposing to address privacy concerns by planting 31 new trees, ranging in size of 15 gallon to 36 inch box. Those tree species include coast live oaks, Pacific wax myrtle, western redbud, strawberry trees, and one valley oak. Twenty-three of the proposed new trees will be along the shared property line, buffering the applicant's and appellant's property. In order to further meet thf6%eeds of the appellant, Staff required that the proposed landscaping "shall reach 12 feet in height at full maturity and be maintained at or above 12 feet in height" as a permanent condition. The appellant has shared the idea of adding planter boxes filled with shrubs along the ends of the viewing balconies (Policy 3, Technique #1 of the Hillside Design Guidelines) until the proposed landscaping along the shared property line completely screens the rear yard of the appellant. The applicant has informed staff that they were willing to work further with the appellant to mitigate privacy impacts. Concern #6 & #7 — Staff has informed the appellant that his interpretation of the zoning code is incorrect. As demonstrated in finding (g) of the Design Review Findings (Attachment 3, pg. 7), staff believes the project is consistent with the Residential Design Handbook and the proposed bottom floor is considered basement, per City Code Section 15-06.090 (Attachment 6). Concern #9 — The appellant is referencing City Code Article for properties located in the Hillside zoning district. The project property is located in the R-1-40,000 zoning district. City Code Section 15-13.050 (c)(4) is not applicable. FISCAL IMPACTS: None. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The application for the construction of a new single-family residence would be denied. ALTERNATIVE ACTION: The City Council could take one, or a combination of the following actions: • Approve the appeal, thus reversing the Planning Commission's approval of the Design Review and Variance applications. • Direct the applicant to make additional changes and continue the City Council public hearing to a new date. • Direct the applicant to make additional changes and refer the application back to Planning Commission for review. 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 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: 1. City Council Resolution of Approval — 21216 Bank Mill Road 2. PC Resolution of Approval — 21216 Bank Mill Road — Reso # 12-008 3. Planning Commission Staff Report 4. Appeal Application, dated March 28, 2012 5. Appeal Concerns E-mail, dated April 24, 2012 6. Definition (and diagram) of Basement Definition, per City Code. 7. Reduced Plans with slope diagram, Exhibit "A." 8. Public hearing notice, copy of mailing labels and map for project notification. 166 167 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DENYING AN APPEAL; THEREBY AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF DESIGN REVIEW APPLICATION PDR 08-0029 & VARIANCE APPLICATION VAR08-0001 FOR A NEW TWO-STORY SINGLE FAMILY HOME LOCATED AT 21216 BANK MILL ROAD WHEREAS, on October 7, 2011 an application was resubmitted by Nielsen Architects, requesting Design Review and Variance approval for a new two-story, single- family residence to be constructed on a vacant lot at 21216 Bank Mill Road within a building envelope that has a 52.5% average natural slope and five-foot retaining walls in the front setback. The total floor area of the main residence and garage would be 4,178 square feet (not including the 1,413 square foot basement). The height of the proposed residence would be approximately 25 feet. The property (APN 503-55-005) is located within the R-1-40,000 Zoning District. The foregoing work is described as the "Project" in this Resolution. WHEREAS, on March 14, 2012, following a duly noticed public hearing at which time all interested parties were given a full opportunity to be heard and present evidence, the City of Saratoga Planning Commission approved a Design Review application (PDR08-0029) and Variance application (VAR08-0001); and WHEREAS, on March 28, 2012 an appeal of the Planning Commission decision was filed by the appellant James Maggard; and WHEREAS, on May 3, 2012, the City Council held a duly noticed public hearing to consider the appeal at which time all interested parties were given a full opportunity to be heard and to present evidence; and WHEREAS, the City Council of the City of Saratoga has considered the appeal and all testimony and other evidence submitted in connection therewith; Now, therefore be it resolved that the City Council of the City of Saratoga hereby: I. Deny the appeal and affirm the Planning Commission's approval of the Design Review application; and II. The Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the City Council determines this project exempt. III. Determines that the project applicant has met the burden of proof required to support said application for Design Review Approval and Variance Approval, as Attachment 1 168 consistent with the findings specified in City Code Section 15-46.040 and 15-70.060, and Conditions of Approval attached hereto as Exhibit 1: PASSED AND ADOPTED by the City Council of Saratoga, State of California, on this 2"d day of May, 2012 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Chuck Page, Mayor 169 Crystal Morrow, City Clerk EXHIBIT 1 CONDITIONS OF APPROVAL PDR08-0029 & VAR08-0001 21216 BANK MILL RD. (APN: 503-55-005) 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner's successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent of other term - specified conditions has been recorded by the applicant with the Santa Clara County Recorder's office in form and content to the Community Development Director. If a condition is not "Permanent" or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively "processing fees"). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. 170 In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. COMMUNITY DEVELOPMENT 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated March 5, 2012 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit "A" on file with the Community Development Department and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance -protected tree on the site; c. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans," which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate construction plan pages; e. City Arborist Reports dated January 3, 2012 onto separate construction plan pages; f. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 8. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 9. Landscape Screening. Landscape screening shall be planted (in a manner which does not require the existing shrubs screening to be removed) along the property line 171 abutting 14665 Ambric Knolls Rd. (APN 503-55-018) in order to provide adequate privacy screening. The shrubbery shall reach 12 feet in height at full maturity and be maintained at or above 12 feet in height. THIS CONDITION IS PERMANENT. PUBLIC WORKS 10. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including the stormwater swale prior to commencement of the work to implement this Design Review Approval. 11. The applicant shall replace approximately 30 feet long section of curb and gutter at northern (upper) property corner adjacent to Bank Mill Road with a new structurally supported curb and gutter. The applicant shall also replace about 5 feet wide portion of the roadway pavement at this location including the sub -base material and existing fill. In addition, the applicant shall replace existing drain inlet and broken section of curb and gutter at the lower property corner adjacent to Bank Mill Road with a new structurally supported drain inlet and curb and gutter 12. The applicant shall retain services of the Project Geotechnical Consultant for recommendations of these improvements. Revised grading and drainage plan showing the improvements shall be submitted to the City Geotechnical Consultant and the City Engineer for review and approval. The Project Geotechnical Consultant shall review and approve revised plans and summarize his review in a letter submitted to the City Engineer for review prior to issuance of any construction permits. 13. The project geotechnical consultant shall evaluate the referenced (or latest) site development plans and recommend prudent grading control measures for the project including maximum height and inclination of construction excavations. Alternative geotechnical measures to achieve stable construction excavations shall be addressed including potential staged retaining wall construction, top-down construction, utilization of soil nails, or other appropriate methods. Necessary geotechnical inspections of exposed earth materials and potential monitoring of construction excavations shall be addressed. Geotechnical design criteria for construction shoring shall be provided. 14. With consideration of the above completed geotechnical evaluations, the contractor shall summarize proposed methods to achieve slope stability of temporary construction excavations. Construction conformance with maximum slope heights and inclinations recommended by the Project Geotechnical Consultant shall be confirmed. Appropriate documentation to address the above two items shall be submitted to the City for evaluation by the City Engineer or Building Official prior to issuance of permits for project construction. 15. The Project Geotechnical Consultant shall review and approve geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and retaining walls) to ensure 172 that the plans, specifications and details accurately reflect the consultants' recommendations. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the City Engineer for review and prior to issuance of permits for project construction. 16. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, basement excavation, and foundation construction, prior to placement of fill, steel and concrete. The geotechnical consultant shall be present to inspect the drilling of foundation piers. The consultant shall be on site during excavations to identify potential unstable conditions and make necessary recommendations to ensure that the cuts are adequately supported. The results of these inspections and the as -built conditions of the project shall be described by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as -built) Project Approval. 17. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Zone Clearance. 18. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. ARBORIST 19. The owner (applicant) shall agree to all conditions required per City Arborist Report, dated January 3, 2012. 173 RESOLUTION NO. 12-008 A RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION APPROVING DESIGN REVIEW NO. PDR08-0029 AND VARIANCE NO. VAR08-0001 FOR A NEW TWO-STORY SINGLE FAMILY HOMELOCATED AT 21216 BANK MILL ROAD WHEREAS, on October 7, 2011 an application was resubmitted by Nielsen Architects, requesting Design Review and Variance approval for a new two-story, single-family residence to be constructed on a vacant lot at 21216 Bank Mill Road within a building envelope that has a 52.5% average natural slope and five-foot retaining walls in the front setback. The total floor area of the main residence and garage would be 4,178 square feet (not including the 1,413 square foot basement). The height of the proposed residence would be approximately 25 feet. The property (APN 503-55-005) is located within the R-1-40,000 Zoning District. WHEREAS, the Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine this project exempt. WHEREAS, on March 14, 2012, the Planning Commission held a duly noticed public hearing on the subject application, and considered evidence presented by City staff, the applicant, and other interested parties. NOW THEREFORE, the Planning Commission of the City of Saratoga hereby finds, determines and resolves as follows: Section 1: The recitals set forth above are true and correct and incorporated herein by reference. Section 2: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 C.C.R. Section 15303, Class 3 "New Construction or Conversion of Small Structures", of the Public Resources Code (CEQA). This exemption allows for the construction of up to three single-family residences and no exception to that exemption applies. Section 3: The project is consistent with the Saratoga General Plan Policies LU 1.1 in that the City shall continue to be predominately a community of single-family detached residences and LU 1.2 to continue to review all residential development proposals to ensure consistency with Land Use Element goals and Policies. Section 4: The project is consistent with the Saratoga City Code in that the design and improvements are consistent with the design review findings in that the project avoids unreasonable interference with views and privacy; preserves the natural landscape, native and heritage trees; minimizes the perception of excessive bulk and is of compatible bulk and height; 174 Resolution No. 12-008 Page 2 uses current grading and erosion control methods; and follows appropriate design policies and techniques. Section 5: The City of Saratoga Planning Commission hereby approves PDR08-0029 & VAR08-0001, located at 21216 Bank Mill Road, subject to the above Findings, and Conditions of Approval attached hereto as Exhibit 1. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 14th day of March 2012 by the following vote: AYES: ROBERTSON, WALIA, HLAVA, REIS, ZHAO, BERNALD, GROVER NOES: ABSENT: ABSTAIN: Douglas R. Robertson Chair, Planning Commission 175 Resolution No. 12-008 Page 3 EXHIBIT 1 CONDITIONS OF APPROVAL PDR08-0029 & VAR08-0001 21216 BANK MILL RD. (APN: 503-55-005) 1. All conditions below which are identified as permanent or for which an alternative period of time for applicability is specified shall run with the land and apply to the landowner's successors in interest for such time period. No zoning clearance, or demolition, grading for this project shall be issued until proof is filed with the city that a certificate of approval documenting all applicable permanent of other term -specified conditions has been recorded by the applicant with the Santa Clara County Recorder's office in form and content to the Community Development Director. If a condition is not "Permanent" or does not have a term specified, it shall remain in effect until the issuance by the City of Saratoga of a Certificate of Occupancy or its equivalent. 2. The Owner and Applicant will be mailed a statement after the time the Resolution granting this approval is duly executed, containing a statement of all amounts due to the City in connection with this application, including all consultant fees (collectively "processing fees"). THIS APPROVAL OR PERMIT SHALL EXPIRE SIXTY (60) DAYS AFTER THE DATE SAID NOTICE IS MAILED IF ALL PROCESSING FEES CONTAINED IN THE NOTICE HAVE NOT BEEN PAID IN FULL. No Zoning Clearance or Demolition, Grading, or Building Permit may be issued until the City certifies that all processing fees have been paid in full (and, for deposit accounts, a surplus balance of $500 is maintained). 3. The Project shall maintain compliance with all applicable regulations of the State, County, City and/or other governmental agencies having jurisdiction including, without limitation, the requirements of the Saratoga Zoning Regulations incorporated herein by this reference. 4. As a condition of this Approval, Owner and Applicant hereby agree to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees, agents and volunteers harmless from and against: a. any and all claims, actions or proceedings to attack, set aside, void or annul any action on the subject application, or any of the proceedings, acts or determinations taken, done or made prior to said action; and b. any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of such construction, installation, alteration or grading work by the Owner and/or Applicant, their successors, or by any person acting on their behalf. 176 Resolution No. 12-008 Page 4 In addition, prior to any Zoning Clearance, Owner and Applicant shall execute a separate agreement containing the details of this required Agreement to Indemnify, Hold harmless and Defend, which shall be subject to prior approval as to form and content by the City Attorney. COMMUNITY DEVELOPMENT 5. Compliance with Plans. The development shall be located and constructed to include those features, and only those features, as shown on the Approved Plans dated March 5, 2012 denominated Exhibit "A". All proposed changes to the Approved Plans must be submitted in writing with plans showing the changes, including a clouded set of plans highlighting the changes. Such changes shall be subject to approval in accordance with Condition 3, above. 6. Building Division Submittal. Four (4) sets of complete construction plans shall be submitted to the Building Division. These plans shall be subject to review and approval by the City prior to issuance of Zoning Clearance. The construction plans shall, at a minimum include the following: a. Architectural drawings and other plan sheets consistent with those identified as Exhibit "A" on file with the Community Development Department and referenced in Condition No. 6 above; b. A note shall be included on the site plan stating that no construction equipment or private vehicles shall be parked or stored within the root zone of any Ordinance - protected tree on the site; c. The site plan shall contain a note with the following language: "Prior to foundation inspection by the City, the Licensed Land Surveyor of record shall provide a written certification that all building setbacks comply with the Approved Plans," which note shall represent a condition which must be satisfied to remain in compliance with this Design Review Approval; d. This signed and dated Resolution printed onto separate construction plan pages; e. City Arborist Reports dated January 3, 2012 onto separate construction plan pages; f. All additional drawings, plans, maps, reports, and/or materials required by the Building Division. 7. Lighting. Exterior lighting shall be shielded so as not to shine on adjacent properties or public right-of-way. 8. Maintenance of Construction Project Sites. Because this Design Review Approval authorizes a project which requires a Building Permit, compliance with City Code Section 16-75.050 governing maintenance of construction project sites is required. 9. Landscape Screening. Landscape screening shall be planted (in a manner which does not require the existing shrubs screening to be removed) along the property line abutting 14665 Ambric Knolls Rd. (APN 503-55-018) in order to provide adequate privacy screening. The shrubbery shall reach 12 feet in height at full maturity and be maintained at or above 12 feet in height. THIS CONDITION IS PERMANENT. 177 Resolution No. 12-008 Page 5 PUBLIC WORKS 10. Applicant (owner) shall obtain an encroachment permit for any and all improvements in any City right-of-way or City easement including the stormwater swale prior to commencement of the work to implement this Design Review Approval. 11. The applicant shall replace approximately 30 feet long section of curb and gutter at northern (upper) property corner adjacent to Bank Mill Road with a new structurally supported curb and gutter. The applicant shall also replace about 5 feet wide portion of the roadway pavement at this location including the sub -base material and existing fill. In addition, the applicant shall replace existing drain inlet and broken section of curb and gutter at the lower property corner adjacent to Bank Mill Road with a new structurally supported drain inlet and curb and gutter 12. The applicant shall retain services of the Project Geotechnical Consultant for recommendations of these improvements. Revised grading and drainage plan showing the improvements shall be submitted to the City Geotechnical Consultant and the City Engineer for review and approval. The Project Geotechnical Consultant shall review and approve revised plans and summarize his review in a letter submitted to the City Engineer for review prior to issuance of any construction permits. 13. The project geotechnical consultant shall evaluate the referenced (or latest) site development plans and recommend prudent grading control measures for the project including maximum height and inclination of construction excavations. Alternative geotechnical measures to achieve stable construction excavations shall be addressed including potential staged retaining wall construction, top-down construction, utilization of soil nails, or other appropriate methods. Necessary geotechnical inspections of exposed earth materials and potential monitoring of construction excavations shall be addressed. Geotechnical design criteria for construction shoring shall be provided. 14. With consideration of the above completed geotechnical evaluations, the contractor shall summarize proposed methods to achieve slope stability of temporary construction excavations. Construction conformance with maximum slope heights and inclinations recommended by the Project Geotechnical Consultant shall be confirmed. Appropriate documentation to address the above two items shall be submitted to the City for evaluation by the City Engineer or Building Official prior to issuance of permits for project construction. 15. The Project Geotechnical Consultant shall review and approve geotechnical aspects of the final development plans (i.e., site preparation and grading, site drainage improvements and design parameters for foundations and retaining walls) to ensure that the plans, specifications and details accurately reflect the consultants' recommendations. The results of the plan review shall be summarized by the Project Geotechnical Consultant in a letter and submitted to the City Engineer for review and prior to issuance of permits for project construction. 178 Resolution No. 12-008 Page 6 16. The Project Geotechnical Engineer shall inspect, test (as needed), and approve all geotechnical aspects of the project construction. The inspections shall include, but not necessarily be limited to: site preparation and grading, site surface and subsurface drainage improvements, basement excavation, and foundation construction, prior to placement of fill, steel and concrete. The geotechnical consultant shall be present to inspect the drilling of foundation piers. The consultant shall be on site during excavations to identify potential unstable conditions and make necessary recommendations to ensure that the cuts are adequately supported. The results of these inspections and the as -built conditions of the project shall be described by the Project Geotechnical Engineer in a letter(s) and submitted to the City Engineer for review and approval prior to Final (as -built) Project Approval. 17. The owner (applicant) shall pay any outstanding fees associated with the City Geotechnical Consultant's review of the project prior to Zone Clearance. 18. The owner (applicant) shall enter into agreement holding the City of Saratoga harmless from any claims or liabilities caused by or arising out of soil or slope instability, slides, slope failure or other soil related and/or erosion related conditions. ARBORIST 19. The owner (applicant) shall agree to all conditions required per City Arborist Report, dated January 3, 2012. ADDITIONAL CONDITIONS PER 03/14/12 PC MEETING 20. Staff to investigate additional screening for adjoining neighboring properties, as deemed necessary, to the satisfaction of the Community Development Department. 179 REPORT TO THE PLANNING COMMISSION Meeting Date: Application: Location / APN: Owner / Applicant: Staff Planner: March 14, 2012 Design Review PDR08-0029 & Variance VAR08-0001 21216 Bank Mill Rd. / 503-55-005 Sharma / Nielsen Architects Michael Fossati rod? p M 61r- - "? ,? 1 Q 1' Oese Dr abpuauois Rakone Estate qU Gardens `°s 6 ate - 21216 Bank Mill Rd. 180 SUMMARY ZONING R1-40,000 (Single -Family Residential) PARCEL SIZE 1.13 acres (net) GRADING REQUIRED 850 c.y. of cut / 10 c.y. of fill (+/- 1,000 c.y. of cut for basement) GENERAL PLAN DESIGNATION RVLD (Very Low Density Residential) AVERAGE SITE SLOPE 68% PROJECT DESCRIPTION: The applicant is requesting Design Review approval to construct a new two-story, single- family residence with a basement. The total floor area (excluding the 1,413 sq. ft. basement) would be 4,178 sq. ft. The applicant is also requesting a variance to locate the building on a slope that exceeds forty percent and to construct retaining walls in the front setback that exceed three feet. STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution No. 12-008 approving the project subject to conditions of approval. PROJECT DATA R1-40,000 Zoning District Net Site Area: 49,233 sq. ft. Proposed Allowed Site Coverage Building Driveway Decks/Walkways Total 2,784 sq. ft. 2,036 sq. ft. 450 sq. ft. 5,310 sq. ft. (11%) Maximum Coverage allowed is 17,228 sq. ft. Floor Area Basement (included) 1St Floor 2nd Floor Garage FA above 15' Total Basement (not included) 732 sq. ft. 2,498 sq. ft. 212 sq. ft. 736 sq. ft. 94 sq. ft. 4,178 sq. ft. 1,413 sq. ft. Maximum Floor Area is 4,440 sq. ft. Setbacks Front 1st Floor 35' 2nd Floor 35' 1st Floor 30' 2nd Floor 30' 181 Left Side 30'7" 30'7" 20' 25' Right Side 109'3" 97'7" 20' 25' Rear 50' 71'7" 50" 60' Height Lowest Elevation 630' Maximum Building Height Highest Elevation 660' is 671 (26') Average Grade 645' Proposed Building Height 670' (25') PROJECT DETAILS This project is subject to Design Review and Variance requirements pursuant to City Code Section 15-45.060(a)(1) and 15-12.061(a). Site Description The 1.45 acre project site is undeveloped with an average slope of 68%. All portions of the lot exceed forty percent as shown on slope diagram sheet 1.5 of the project plans. Due to such steep slopes, limited development is proposed for the eastern areas. With the exception of a portion of the driveway, the eastern side cannot be developed due to the topography. The remaining area of proposed development is along the northwest side of the lot. The proposed residence includes two levels and basement, lawn area, deck and associated retaining walls. The levels of the residence would step down the northern slope, with the basement level being built substantially within the hillside. The highest point of the residence would still be below the existing grade of Bank Mill Road, which should limit the impact of bulk from the public right-of-way. Architectural Style The architectural style is a modern single family home. The upper level consists of a 736 sq. ft. garage, foyer and stairway. The middle level includes 2,404 sq. ft. of living space. The lower level includes 2,145 sq. ft. of additional living quarters. Only 732 sq. ft. of floor area on the lower level is included in the total floor area, as the remaining floor area is considered basement and is therefore excluded from the floor area limits. The upper level and mid level plans include north facing viewing decks. The earth tone exteriors include a greenish-brown stucco, a red cedar horizontal siding, and an El Dorado stone veneer siding. The proposed roof is dark brown and flat, with deep eaves that project outwards from the main body of the residence. The proposed aluminum windows and doors are proposed to be painted dark brown with a clear anodized fmish. The upper balcony would be surrounded by a stucco short wall while the lower level balcony would utilize a black metal railing. Detail Colors and Materials Mfg. & Specification Windows Dark Brown — Aluminum Anderson Windows or Equivalent Garage Door Beige panel — Aluminum TBD 182 Stone Veneer Gray -Brown, Stone "Autunm Leaf' El Dorado Stone or Equivalent Building Ext. Green -Brown — Stucco LaHabra Stucco Finish or Equivalent Building Ext. Red Cedar — Horizontal Siding T&G Siding or Equivalent Variance Per City Code Section 15-12.061(a), a variance is required to construct a building on a slope that exceeds forty percent. The building footprint is proposed for the flattest area on the lot within the building envelope and located outside of a geologic hazard zone. Without the variance and due to the geological and topographical constraints of the site, the applicant would not be able to build a home on the lot. Per City Code Section 15-29.010(1), no retaining wall located in a front or exterior side setback area shall exceed three feet in height. Due to the topography along the front property line of the site, and the City parking requirement of two spaces within a garage and the minimum width requirement of 12 feet for the driveway, approximately 80 linear feet of retaining walls above three feet are proposed. It should be noted that the majority of retaining walls within the front setback are within City specifications (under three feet in height) and will not be easily viewed from the public right-of-way, as the project will be built lower than natural grade from Bank Mill Road. Geotechnical Clearance Geotechnical clearance was granted by the City Geologist on December 13, 2011. Along with the standard conditions for a typical Geotechnical clearance, the City Geologist has required that clarification of intended shoring measures and/or staged retaining wall construction be reviewed prior to issuance of a building or grading permit. The Project Geotechnical Consultant shall also evaluate the site development plans and recommend prudent grading control measures for the project. The consultant would be required to summarize proposed methods of achieving slope stability of temporary construction excavations. Trees The applicant has requested removal of eight trees on the property. Those trees have been approved for removal, based on findings made by the City Arborist. Several of these trees (eight coast live oaks) have significant decay and meet more than five of the required criterion for removal. The total appraised value of the trees requested for removal is $26,550. The applicant has submitted a landscape plan that includes the planting of 31 new trees. Those tree species include coast live oaks, Pacific wax myrtle, western redbud, strawberry trees, and one valley oak. The appraised value of the proposed tree plantings is $14,750. The remaining $11,800 will be used to plant additional screening trees for the down slope neighboring property, or donated into the City's tree fund. The applicant has been in discussion with the neighboring property owner to discuss best species and placement of additional tree landscaping. 183 Energy Efficiency The applicant submitted a Build -it -Green GreenPoint rated checklist for the proposed project at 21216 Bank Mill Road. The project (as shown) has scored 115 points. The energy efficient features proposed include durable and non-combustible siding and roofing material, insulation with 75% recycled content, high -efficiency water fixtures, energy building performance that exceeds Title 24 requirements, low VOC paints and coatings, and high - efficiency lighting. Neighbor Correspondence The applicant had first submitted this project in 2008. During that time, the applicant submitted neighbor notification forms from two neighboring property owners. One of those property owners (21244 Bank Mill Road) sent a letter to the Planning Department regarding their concerns. The applicant reviewed the letter (and Staff comments) and completely redesigned the project. The applicant has offered to show the new proposed plans to owners of neighboring properties (including the property owner of 21244 Bank Mill Road). All the packets were personally hand delivered by the project applicant on Friday, November 18, 2011 between the times of 3pm to 5pm. A follow up letter was sent on December 5, 2011 requesting the home owners acknowledge that the packet was received and they contact us with any questions or concerns. One neighbor (James Maggard at 14665 Ambric Knolls) had contacted the applicant. The neighbor's concerns have to do with privacy impacts into the rear yard and the installation of a storm water and sanitary sewer lift station. As previously stated, the applicant is working with the neighbor to create a proper privacy landscape plan. As for the drainage comments, the applicant informed the neighbor that lift stations will not be required as the proposed drainage plan will divert runoff to the side of our lot away from your property Staff sent a "Notice of Public Hearing" to all property owners within 500 feet of the subject property. The public hearing notice and description of the project was published in the Saratoga News. Staff has not received any additional comments regarding the project. DESIGN REVIEW FINDINGS The findings required for issuance of a Design Review Approval pursuant to City Code Section 15-45.080 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) The project avoids unreasonable interference with views and privacy. The project has been designed in a manner that minimizes interference with neighboring views and privacy by proposing the following: a. Setting the second -story portion of the structure back from the first story portion from the rear property line, where privacy impacts are greatest. 184 b. Incorporating landscaping (which includes evergreen trees and shrubs) that will screen areas most sensitive to privacy. c. Proper site planning that allows a highest ridge of the second story addition to be below the existing grade of Bank Mill Road. d. Utilize the established, well -matured landscaping to buffer nearby residences and continue privacy screening of adjacent properties. e. Locate the structure on the lower portion of the hillside lot to maximize the view, but avoid conflict with privacy. As discussed above, the finding can be made in the affirmative. (b) The project preserves the natural landscape. This project meets this finding in that it is designed to tuck into the natural contours of the site. The overall site will be minimally impacted by the proposed project in that the design utilizes a limited amount of impervious coverage. With the exception of the structure, driveway, outdoor stairway, wall fountain and pond, the 63,173 sq. ft. site will remain in its rural form, which includes approximately 25,000 sq. ft. of existing vegetation and landscape along the southeastern boundary line. This fmding can be made in the affirmative. (c) The project preserves native and heritage trees. The project meets this finding in that the amount of native trees being removed has been reduced to the absolute minimum All the proposed trees being removed were in either fair to poor health. In turn, the applicant is proposing additional trees to be added to the site, with over 14 of those trees being the native species. This finding can be made in the affirmative. (d) The project minimizes the perception of excessive bulk. The project meets this finding in that the house is designed to present a one-story structure from the public right of way. The site planning and incorporation of the basement allows the applicant to enjoy floor area similar to neighboring properties while reducing the bulk normally accustom to homes of similar size. The mass of the project is hidden from neighboring properties with the use of natural materials and the following of the existing hillside contours. This finding can be made in the affirmative. (e) The project is of compatible bulk and height The project meets this finding in that the proposed structure is consistent with neighboring properties that are built down hillsides. The applicant has met the floor area, setback and height requirements of the City. The project has incorporated elements that allows maximum integration with the natural surroundings and built residential environment, by merging the structure in to the hillside and terracing the building floor levels. This finding can be made in the affirmative. (f) The project uses current grading and erosion control methods. The project meets this finding in that the proposed new construction will incorporate current grading, 185 erosion control and stormwater pollution prevention conditions the City adheres too. This fording can be made in the affirmative. (g) The project follows appropriate design policies and techniques. The project meets this finding in that it will utilize the following: a. The proposed project would merge the building into the hillside (Policy 1, Technique #1) b. Terrace building floor levels (Policy 1, Technique #2) c. Use natural -color materials that blend with the natural environment (Policy 2, Technique #1) d. Fit in with hillside topography and background (Policy 2, Technique #2) e. Orienting upper floor balconies towards large yard areas (Policy 3, Technique #1) f. Locating the structure on lower portions of the hillside lot (Policy 4, Technique #3) As discussed above, the finding can be made in the affirmative. VARIANCE FINDINGS The findings required for issuance of a Variance Approval pursuant to City Code Section 15- 12.061 and Section 15-70.060 are set forth below and the Applicant has met the burden of proof to support making all of those required findings: (a) That because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, strict enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the vicinity and classified in the same zoning district: This project meets this finding in that the 63,173 sq. ft. lot does not contain an area with a slope less than forty percent to accommodate a residence the size similar to neighboring properties, which range from 4,000 to 5,400 sq. ft. The proposed retaining walls above five three feet in the front setback are required to construct a driveway that will allow automobiles and pedestrians to access the site. Without allowing an increased retaining wall height, the applicant would be unable to build the minimum 12 foot driveway required per City Code Section 16-17.160, which is a standard in the single-family residential district in which the project is located. This finding can be made in the affirmative. (b) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and classified in the same zoning district: This project meets this finding in that the topography, steep slopes, and grade breaks create a practical difficulty in building a single-family residence underneath a flat area of land, even though the property is located in an residential zoning district that principally permits single-family residential. The 186 majority of surrounding properties required either grading exceptions or variances to build structures within the area. This fmding can be made in the affirmative. (c) That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity: This project meets this fmding in that the proposed design has been reviewed by both a Geotechnical Consultant and the City Geologist to verify slope stability during the event of construction. As conditioned, the project applicant will be required to establish prudent grading control measures including maximum height and inclination of construction excavation. The engineering and grading measures required for the construction of the project will allow the granting of the variance to not be detrimental to public health, safety or welfare, or materially injurious to properties of improvements in the vicinity. This finding can be made in the affirmative. ENVIRONMENTAL DETERMINATION: The project is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant Section 15303, "New Construction or Conversion of Small Structures", Class 3 (a) of the Public Resources Code (CEQA). This exemption allows for the construction or conversion of up to three single-family residences. STAFF RECOMMENDATION Staff recommends the Planning Commission adopt Resolution No. 12-008 approving the project subject to conditions of approval. ATTACHMENTS: 1. Resolution of Approval — 21216 Bank Mill Road 2. Geotechnical Clearance Memo — Dated 12/13/2011 3. Arborist Report — Dated 1/3/2012 4. Neighbor Notification Forms — 2008/2009 5. Letter from Applicant regarding Neighbor Notification Forms 6. Affidavit of mailing notices, public hearing notice, and copy of mailing labels for project notification. 7. Reduced Plans, Exhibit "A." 187 Appellant Name: Address: Telephone CITY OF SARATOGA APPEAL APPLICATION (Revised July 2007) : cel .rf% c- 7' ' 3 1 C: : Name of Applicant df different than Appellant): 1-1 fr 43 v Project file number and address: t fl Z.( -2j. .� Decision beim appealed: j� 41 X11' kre, (2,4411 ,1 oLt Grounds for appeal (Letter ruay be attached): vvi L. d e 3 — C Applicant Signature: Date: © City Code Section 2-05.030 (a) appeals: • No Hearing • With Hearing Cit Code Section 15-90.010 appeals (Zoning related): • Appeals from Administrative Decisions to the Planning Commission $1 00.00 5600.00 5400.00 ► Cine Code Section 15-90.020 appeals (Zoning related ): • Appeals from Planning Commission to the Citi Councii 5600.V.. Cir: Code Section 13-20.050 appeals • Appeals from Heritage Preservation Commission to the Planning Commission. 111. C iry Code Section, 15-50.100 (a) appeals (Trees): Appeals front Adrninistrative Decisions TO the Plarmi ng PlanntnQ Cornrnisston No C_:L_ E Recttiest for a Continuance: • ii'St �t'. `' -'quest Request st 2;,,r, r r Date Received: S Hea iiia Date: 188 Michael Fossati From: James Maggard [J!m@seg-corp.com] Sent: Tuesday, April 24, 2012 6:05 PM To: Michael Fossati Subject: FW: 21216 Bank Mill Attachments: roof line slope.pdf (Viichael The reasons I have appealed are listed below. 1. I did not receive a notice for the 3/14 meeting. 2. During the last meeting, the Architect explained the soil conditions under the structure as follows "there is about two and a half feet of clay on the site and then it is into solid bedrock. This statement does not agree with the Geotech report which indicates potentially moving slopes (landslide). The Geotech report describes the soil as follows "The central portion of the site in the area of the proposed residence is mapped as a Ps zone, characterized as relatively unstable materials, including landslide debris, surficial soil, and weak bedrock, commonly less than 10 feet thick" There is a potential for sewage runoff during a lift station failure. If the lift station is below the basement it will not be accessible by vacuum truck due to equipment limitations. If an overflow occurs the runoff will either be diverted to the new storm drain system and flow towards the creek or run down bill to my property. If the wet well is a single contained vessel it could leak for a long time without being noticed. In preparation for the planning meeting none of the planning council visited my property to view the story poles from the most affected neighbor. The story poles were only viewed from Bank Mill Rd. 5. During the last meeting, while explaining the landscaping and installation of redwood trees the Architect stated "within five to six years those (redwoods) will be up to the bottom of our deck which will provide complete shielding". While waiting for trees to grow I would like to request that temporary measures be considered as shown on the Saratoga hillside design guidelines. In addition ! would like to change the resolution that requires permanent maintenance of 12 foot shrubs to not limit the height or type of landscaping used to restore privacy but just state that it be permanently maintained. 5. The hillside guidelines indicate all floors to be stair stepped into the hillside. The lower floors of this proiect are directly stacked on top of each other (see attached PDF). 7. The basement as shown in =1 ?vation drawing is only 50% below ,ground. The code reads On hillside lots, as defined in Section 15-06.420(e}, only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story." R. The soils engineer clearly stag _"tat exact condition. °necirocf will not be known; Urnti started. If the excavation exposes conditions that MI, mai;_ ''le project cost prohibitive wnt 'udil,i 1 189 9. Based on the soil type and slope of the hill E believe a slope stability analysis needs to be performed (15-13.050- c-4 j. Thanks James Maggard President SEG, inc. 408.203.1023 cell 408.260.8008 office 408.260.8018 fax wws l;.se!?-corq.coln Engineering — Desion -- Automation Controls — Energy Management Construction Management — LEE, '' AP Services This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U5C 2510, and its disclosure is strictly firnited to the recipient intended by the sender of this message. This communication may contain confidential and privileged material for the sole use of the intended recipient and receipt by anyone other than the intended recipient does not constitute a Toss of the confidential or privileged nature of the communication, Any review or distribution by others is strictly prohibited. If you are not the intended recipient please contact the sender by return electronic mail and delete all copies of this communication. Please consider the environment before printing this email 2 190 SHARMA RESIDENCE SECTION Q., L ,,smoolL r L, 15-06.090 - Basement. "Basement" means a space in a structure that is partly or wholly below grade and where the vertical distance from grade to a finished floor directly above such space is less than or equal to forty-two inches. (See Figure 1a) If the finished floor directly above the space is more than forty-two inches above grade at any point along the perimeter, such space shall be considered a story, and the entire space shall be included in the calculation of floor area. This requirement applies to all lots, with the exception of hillside lots. itilwabi ht SC4'11i 1.11 Fiore 1rr On hillside lots, as defined in Section 15-06.420(e), only the portion of space where the vertical distance of the finished floor directly above such space is more than forty-two inches above grade shall be counted as floor area and considered a story. The number of stories measured vertically at any given point shall not exceed the maximum number of stories allowed in each zoning district. (See Figure 1 b) However, if the vertical distance of the finished floor above the space is not more than forty-two inches above grade for at least eighty percent of area of such space, then the entire space is a basement that shall not be included in the calculation of gross floor area and shall not be considered a story. (See Figure 1 c) - 2 JbtI e`t rL i. arhtee hcight from ili,or above - [n vra k otuxtlils. 42 Indus Y oil_11 Area lLmn Mot a sLocy I. SiXi i,011 ocl 1hartfifJ% I . 11i1.*5117.w1% flus noel' arcjj How xh 192 Priritori where vc�ia n4 heih Iic11Yl e (lacx nhiINC r + a.kle s,ccrdx 4: mac., rI,in Basement Itairrircru - or.4 f J T n 410I nM18Lr ihti 7 a: IIIcl4cs ▪ twq Ovigirre As used herein, the term "grade" shall mean either the natural grade or finished grade immediately adjacent to the exterior walls of the structure, whichever is lower. The Community Development Director shall make the determination for sites where it is unclear as to which is the natural and which is the finished grade. Basements are subject to the requirements of Section 15-80.035. (Amended by Ord. 209 § 2 (part), 2002; Ord. 223 § 2 (part) 2003; Ord. 245 § 2 (Att. A) (part), 2006) (Amended by Ord. No. 284, § 1(Att. A), 5-18-2011http://library.municode.com/print.aspx?clientlD=16616&HTMRequest=htt... 193 BLKG BOT. CONC. CONT. CU.FT. DIA. DWGS (E) EA. EN EQ. EXT. FDTN FT. F.F. PL GYPBD IN. INT. LG MAX. MIN. (N) 0/ O.C. PT. REF. REQ'D SCHED S.F. STD sQ. T&B TBD TYP. U.N.O. VERT. VIF W/ ABBREVIATIONS BLOCKING BOTTOM CONCRETE CONTINUOUS CUBIC FEET DIAMETER DRAWINGS EXISTING EACH END NAIL EQUAL EXTERIOR FOUNDATION FEET OR FOOT FINISH FLOOR PLATE GYPBD INCH INTERIOR LONG MAXIMUM MINIMUM NEW OVER ON CENTER PRESSURE TREATED REFER REQUIRED SCHEDULE SQUARE FEET STANDARD SQUARE TOP & BOTTOM TO BE DETERMINED TYPICAL UNLESS NOTED OTHERWISE VERTICAL VERIFY IN FIELD WITH DRAWING INDEX 1.0 TITLE SHEET 1.1 SITE PLAN 1.2 ROOF PLAN 1.3 BUILDING RENDERINGS 2.1 UPPER LEVEL PLAN 2.2 MID LEVEL PLAN 2.3 LOWER LEVEL PLAN 3.1 FRONT ELEVATION 3.2 LEFT ELEVATION 3.3 REAR ELEVATION 3.4 RIGHT ELEVATION 4.1 BUILDING SECTIONS A & B 4.2 BUILDING SECTIONS C & D SHARMA RESIDENCE C-1 CIVIL COVER SHEET C-2 GRADING & DRAINAGE PLAN C-3 BOUNDARY & TOPOGRAPHIC SURVEY L-1 LANDSCAPE PLAN 21216 BANK MILL SARATOGA, CA. PROJECT DATA ASSESSOR PARCEL NUMBER ZONING DISTRICT CONSTRUCTION TYPE EXISTING USE GROSS LOT SIZE NET LOT SIZE AGE OF ALL STRUCTURES SLOPE AT BUILDINGS EDGE AVERAGE SLOPE OF SITE ALLOWABLE FLOOR AREA OWNER SINGLE FAMILY RESIDENCE 503-55-005 R-1-40,000 5B N/A 63,173 SQ. FT. 49,223 SQ. FT. N/A 52.5% 68% 4,440 SQ. FT. SAMIR SHARMA PROJECT DATA PROVIDE SITE PREPERATION AND REMOVAL OF 7 TREES PRIOR TO CONSTRUCTION OF A 4,791 SQ. FT. RESIDENCE WITH A 3 CAR GARAGE OF 736 SQ. FT. FOR A TOTAL PROJECT SIZE OF 5,527 SQ, FT. LANDSCAPE ARCHITECT Camp and Camp 2520 Camino Diablo Walnut Creek, CA 94597 CONSULTANTS CONTACT: Terry Camp PH: (925) 941-6490 x104 FAX: (925) 941-6455 ARBORIST ARBOR RESOURCES PO Box 25295 San Mateo, CA 94402 CONTACT: David L. Babby PH: (650) 654-3351 FAX: (650) 240-0777 SOIL ENGINEER Murray Engineers 2951 El Camino Real Palo Alto, CA 94306 CONTACT: Mark Baumann PH: (650) 326-0440 FAX: (650) 326-0540 CIVIL ENGINEER Giuliani & Kull, Inc. 4880 Stevens Creek Blvd., Suite 205 San jose, CA CONTACT: Mark A. Helton, PE, PLS PH: 408) 615-4000 x206 FAX: (408) 615-4004 BUILDING DATA DIMENSIONAL CONTROL EXISTING PROPOSED REQUIRED FRONT YARD SETBACK N/A 35'-0" 30'-0" LEFT SIDE FIRST FLOOR N/A 30'-7" 20'-0" LEFT SIDE SECOND FLOOR N/A 30'-7" 25'-0" RIGHT SIDE FIRST FLOOR N/A 109'-3" 20'-0" RIGHT SIDE SECOND FLOOR N/A 97'-7" 25'-0" REAR FIRST FLOOR N/A 50'-0" 50'-0" REAR SECOND FLOOR N/A 71'-7" 60'-0" FLOOR AREA RATIO EXISTING PROPOSED PERMITTED LOWER LEVEL N/A 732 N/A MID LEVEL N/A 2,404 N/A UPPER LEVEL N/A 212 N/A +15' CEILING HEIGHT (AREAX2) N/A 94 N/A GARAGE N/A 736 N/A TOTAL NET AREA N/A 4,178 4,440 BASEMENT (NOT COUNTED IN NET AREA) N/A 1,413 N/A NET SITE AREA N/A 49,223 49,223 FLOOR AREA RATIO N/A .08 .09 HEIGHT TABLE LOWEST ELEVATION POINT AT BUILDINGS EDGE FROM 630 FT. NATURAL GRADE HIGHEST ELEVATION POINT AT BUILDINGS EDGE FROM 660 FT. NATURAL GRADE AVERAGE ELEVATION POINT BASED ON HIGHEST AND 645 FT. LOWEST POINTS. TOP MOST ELEVATION POINT- MEASURED FROM AVERAGE POINT (ABOVE) TO THE TOP MOST POINT OF THE ROOF. 670.0 FT. IMPERVIOUS COVERAGE SITE COVERAGE SQ. FT. % OF NET LOT SIZE (49,223 SQ. FT.) FOOTPRINT OF HOME 2,784.25 6% DRIVEWAY 2,036 4% WALKWAYS / DECKS 450 .9% ACCESSORY STRUCTURES 0 0 OTHER 0 0 TOTAL 5,309.5 10.9% 194 ■ w U w 0 LLI w 2 s= z E 0 U 6 0 1 °' E .0 O 0 0 Q co to C co N M N •E U C N (B V L /1 U N I� J ascfld' o 2 C z 0 M ( U U 00 00 to C CD CI) O O w O ® Q 0 Q N N- r-- i z0 CO 0 E Qi) N 0 7 O U 0 22 Q N N o 0 0 ai U 03 U c o O Q) o N 0 O LC) THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE -44 -- 44 -- 44 -- 44 -- sheet title/number: TITLE SHEET 1.0 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY SINGLE FAMILY RESIDENCE ZONE: R-1-40,000 APN: 503-55-006 SINGLE FAMILY RESIDENCE ZONE: R-1-40,000 APN: 503-55-017 1 \� -630 / / / SINGLE FAMILY RESIDENCE ZONE: R-1-40,000 APN: 503-55-019 SINGLE FAMILY RESIDENCE ZONE: R-1-40,000 APN: 503-55-018 c) 0 'N S` c) \\SINGLE FAMILY RESIDENC\ `\ ZONE: R-1-40,000 \\ \ APN: 503-55-007 Ico "4Mftik—Il& BANK MILL RD. N r \ SITE PLAN SCALE: 16" = PRIOR TO FOUNDATION INSPECTION BY THE CITY, THE LLS OF RECORD SHALL PROVIDE A WRITTEN CERTIFICATION THAT ALL BUILDING SETBACKS ARE PER THE APPROVED PLANS SINGLE FAMILY RESIDENCE ZONE: R-1-40,000 APN: 503-55-071 REPRESENTS AREA WITHIN ALLOWABLE BUILDING SETBACKS WITH A SLOPE THAT IS GREATER THAN THE SLOPE AT THE PROPOSED BUILDING FOOTPRINT VICINITY MAP N TOLL GATE RD. CINGRESS SPRINGS RD, 195 EL 22. CO CD CD ■ Cr)CD r z r� C W D z 0 2 z m C0 N N a E O U ui U • E L O U 0 CO N O N 0)) CO N C'7 N -E L • N V 0 N N- i- CO CO O r0n C CO O CO CO U .O U 00 00 0) E CO O Lf) O U N ti N- 0-) X 0)x O (6 CO ca E Qu) 0 N .5 o m COLOCD CD Q (). U N Q 2 O U O ai U co U c O -U) 0 - LC) 0 9 LC) LO O LC) THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: SITE PLAN 1 .1 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY • \\ • 6'-0" 6'-0" 1'-6" TYP. OVERHANG 0 ti 4'-0" 7'-0" 4'-0" 646'-4" AWNING OVER GUEST/ OFFICE ►I.1 11'-6" 18.-6" 15'-0" 12'-0" RAILING AWNING 0 \ \ 646'-4" \ \ ,AWNING OVER FArItL14,-ROOM \ 1 • FLAT ROOF 0 ER GUEST/ OFF CE BATHROO 652'-0' • \\ \ • \ \ \ o \ \ in \ \ \ \ \ \N \\ \ • • FLAT ROOF OVER MID LEVEL ENTRY 655'-0" FLAT ROOF OVER GUEST/ OFFICE 655'-0" FLAT ROOF OVER - - - STAIRWAY- - - - 666'-0" LIVING ROOM DECK 642'-0" \,r RAILING GARDEN DECK 660'-0" FLAT ROOF OVER KITCHEN AND \ \ FAMILY \ \ \• 655-0" co� 44. OQ \ \ •• \ \ \ \ \ \ \ \ \ \ \ • \ • • \\ \\ • • • • 6'-0„ • • • 6'-0" • \ \ \ 1 - 2'-V0" H FLAT ROOF OVER UPPER LEVEL AND GARAGE 666'-0" / / / / / / / / FLAT ROOF OVER \ \ 4.REAKFAST 11OGiK 43- 652'--(51' \ / / / / / / / / / / / / / / / / / / / / / ri FLAT ROOF OVER UPPER LEVEL AND GARAGE ' 670'-0" 14'-0" ROOF PLAN / / / / / / / / 3'-0" \ \ / 2'-0" / / �/// 1'-6" TYP. OVERVANG / - / 8'-0" 4'-0" / /\\ / / \/ SCALE: 4" = L") / / / / / / / / / / / / / / / 196 ■ _10 CD CID CD 0 W 0 U) E�E 2 L1J Z coCN O 9 CN THE THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: ROOF PLAN 1 .2 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY _�- .roti VIEW 1 .� BANK MILL RD. VIEW 2 ■ uR VIEW LOCATIONS }, t T_ •q 1. VIEW 3 197 VIEW 4 Ci) CD U C6 C CD CD E 0 U N 0 O°' i U Q (66 C (0 N CD l/ O CO Q) IC CO NN �'E` ` N C Cil ITS CO V d- O CD c <— CO . 0 CO CO 0 .N zU CO CO (n C Cr) O LIJ 0) CD O 0 L) LC) O THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION sheet title/number: DATE --/--/-- BUILDING RENDERINGS 1.3 NOTE. IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY 198 CI) Ci CDU C6CD CD C W Z W 0 LfYi 2 W Z E 0 U N 0 O°' i U p ca 6 C CO N a) coo a) - I— M N — ` NN- c U N r/1 U N V J6 CO u0i C,— CO. — z O CO CO U .N U CO CO (n C 0 0 J 2 m N N LO L) O LO THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION EXISTING GRADE --I--1-- --I--1-- --I--1-- --I--1-- SHARMA RESIDENCE SECTION C , , L 1 H, L, J L f \ \ PROPERTY LINE POSSIBLE SWIMMING POOL RESIDENCE SITE SECTION SCALE: 1" = 10'-0" 198 CI) Ci CDU C6CD CD C W Z W 0 LfYi 2 W Z E 0 U N 0 O°' i U p ca 6 C CO N a) coo a) - I— M N — ` NN- c U N r/1 U N V J6 CO u0i C,— CO. — z O CO CO U .N U CO CO (n C 0 0 J 2 m N N LO L) O LO THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: SITE SECTION 1 .4 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY 199 CD U CD Ci) ■ c U ww 0 ^� 2 w O Z E 0 0• N 0 oO i 0 Q (6 6 C co N O (0 0 - M N — ` NU N Cr)U N I� V coCO .1- „2 0 ,— CO •C Z 0 co co U co co (n C CN co CD LO cD 'O L J LO �O THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION \4 � I ti I 0�` I' ti . i 630 0c._, ft`1"444/ ft I sl 0oidllr 4111 OO 00 d \S#6111.11111111r --I--1-- I O i 600 CO 41 rnf ui o 17 --I--1-- qii fib IIID � Lu I / co ii", � -, _ - ° , VI fl bio � � y , \ v ca) 411D Lf- ` 4116 -._ D ° \, Z Illl ale - 620 \ \ \ \. \� ; , J 0 ' c-, r---)\ 'IA 7 \ 1'6 / \ n/ 1 • / \ ---------------7 -------- J -N----) - \ o \ - - in ( / �v \ 1 - ��� V v 111111. 0 \ i - \ I\ / \ _ \ `� I I 7 ,,,,i \ I 0 I \ I I I OM \ \ \ \ \ \ \ \• Z I 1 CNI I \\ \ I. 1, ,,,, \ \ \ 650 , - _ 1 __ I 1 . . i . , prif , , \ IID 660 560 . ilb -...111114.4.4r ' \ \ \ \ \ \ NzI i \ \ ) ( _ ,,_. _ _ __ \ \ \ \ \ \ \ �. \ \\ \ \ - \ \ \ \ \ \ —'` El — ------ Ilk — \ N ,10 VD l 100%+SLOPE \ Gam;. � N o N 80-99% SLOPE _, N 6v 630� 5J Iv b^° \ 60-79% SLOPE \ 4 40-559% SLOPE I\ \ .v .\,,, ... II 199 CD U CD Ci) ■ c U ww 0 ^� 2 w O Z E 0 0• N 0 oO i 0 Q (6 6 C co N O (0 0 - M N — ` NU N Cr)U N I� V coCO .1- „2 0 ,— CO •C Z 0 co co U co co (n C CN co CD LO cD 'O L J LO �O THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: SLOPE DIAGRAM 1.5 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY 73- FCOA1-00R O 0R S \ FTggCK\ \ FIRST FLOOR \ \ FTggCK 4'-0" 7'-0" 3'-6" ROOF BELOW LINE OF WALL BELOW 7 M M \ 0 0) \ \ 0 ti \ \ z 0 0 r— X M 3'-0" X 7'-0" _ STAIR X 60'-0" 31'-0" T LIVING ROOM DECK (BELOW) 14'-6" RAILING CHIMNEY 8'-0" X 7'-0" GARDEN DECK 30'-0" X 15'-0" RAISED GARDEN BEDS 4'-0" X 2'-0" 4'-0" X 2'-C 4'-0" X 2'-0" CLST OWN 3'-0" X 7'-0" ENTRY 11'-2" X 13'-6" LEVATO 5'-0" X 8'-0" 0 CN 12'-0" 8'-0" 6'-0" TWO CAR GARAGE SINGLE CAR GARAGE COVERED COVERED 20'-0" X 20'-0" 13'-0" X 22'-0" 16'-0" X 8'-0" 20'-0" 60'-0" UPPER LEVEL PLAN FR\ s e gC� 8'-0" X 8'-0" N X DECK FLOOR AREA 7 // GARAGE DECK AREA = 480 SQ. FT. FLOOR AREA = 212 SQ. FT. GARAGE AREA = 736 SQ. FT / v / 12'-0" / / / / 9 CV / (7- 0 N / M 2'-0" / / \ SCALE: 4" = 1'-0" / / 200 ■ aim vmen CD CID CD E 0 U U E O ,c - Cl) 0 0 W LO 0) Cn 0 Q NN N_ L z ON 0 Qco _0 -.a- < E Q cn CN CO O THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: UPPER LEVEL PLAN 2.1 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY `SCO/v• ...73;:, O R FTggCK\ 12'-0" 15'-0" FjRSTFOOR ` \ \ FTggCK 0 0 LO 0 8'-0" X 5'-0" 4 84'-0" 30'-0" 2'-0" X 3'-0" BATH 5'-0" X 11'-0" CLOSET OFFICE / GUEST 14'-0" X 12'-2" 0 v 0 ti \ Li 90 \ UP 0 STAIR 10'-0" X 14'-6" DOW L_ x 7 RAILING AWNING ABOVE \ 8'-0" X 7'-0" LIVING ROOM DECK 30'-0" X 16'-0" 6'-0" X 3'-0" 8'-0" X 7'-0" X 15'-0" 12'-0" CLNG = +15' RETAINING WALL DECK AREA FLOOR AREA FLOOR AREA = 2,404 SQ. FT. AREA X2 (CLNG +15') = 94 SQ. FT. DECK AREA = 499 SQ. FT. 8'-0" X 5'-0" REPRESENTS AREA WITH CEILING HEIGHT OVER 15-0" \ RAILING @ 42" A.F.F. GAS FIRE PLACE LIVING 15'-0" X 14'-6" LIGHT WELL TO FLOOR BELOW DINING 15'-0" X 14'-6" L / HALL 17'-3" X 3'-6" LEVATO BATH 6'-6" X 5'-2" MEDIA ROOM 20'-0" X 15'-6" REF. FAMILY 14'-0" X 17'-0" 4'-0" X 5'-0" BREAKFAST NOOK \ \ 11'-8" X 11'-0" KITCHEN 22'-0" X 10'-0" LO x \ o x / OVEN LIGHTWELL GAME ROOM 12'-0" X 17'-6" 9 ZoX 0 Co 6'-0" r 6'-0" 12'-0" 8'-0" 6'-0" c14,344. 84'-0" MID LEVEL PLAN 20'-0" F,qO\FE 11C� 12'-0" / / / x / / / / 9 / F'-0" 4'-0" SCALE: 4" = 1'-0" 0 CN / / 0 / 201 ■ no) aim yawl CD CID CD E 0 0 ,c - Cl) 0 L I -j 10 0) Cn 0 Q N N L zcoal 0 E Qin N 0 Cc -Oz) 0 rn Q oO 0 0 U (13 c o CN 00 O OO O LO cys . O CN THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --/--/-- sheet title/number: MID LEVEL PLAN 2.2 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY FI RST F`OOR 7 -SA Cif \\ SECOND FT -SACK \\\ 84'-0" 12'-0" 60'-0" 12'-0" 0 N 0 2'-0" X 3'-0" 8'-0" X 5-0" 6'-0" X 5-0" 2'-0" X 3'-0" 6'-0" X 5'-0" 8'-0" X 5-0" BASEMENT AREA FLOOR AREA = 732 SQ. FT. BASEMENT AREA = 1,413 SQ. FT. TOTAL AREA = 2,145 SQ. FT. • CLOSET BATH 5'-0"X10'-6" —�--_ I:4 • vo <o \ • 5'-6" BEDROOM 14'-2" X 12'-2" UP LST DRY. WASH. LAUNDRY 7'-6" X 7'-4" BEDROOM 10'-11" X 12'-2" MECHANICAL 9'-7" X 7'4" 1 LAV 7'-6" X 5'-2" 5-2" X 5'-0" dLsT\ 1 1 1 ---SI1T1NG-- _1 LIGHT WELL ABOVE KIDS ALCOVE 15'-6" X 14'-0" BEDROOM 10'-11" X 12'-2" CLOSET 6'-11" X 7'4" 1 J MASTER BEDROOM 14'-2" X 161-.g..1..- 0_00P 6'-6"i Bp,S STORAGE STORAGE _ 15'-6" 29'-6" SITTING 14'-2" X 6'-10" ss 4'-0" X 3'-0" MASTER BATI- 111-0" X 12'-6" AT,/ 7'-0" 3'-0" CLOSET r 1 13'-0" X 6'-6" 1 L_ J 15-0" / 810" 9 4'-0" \ 84'-0" LOWER LEVEL PLAN 41,34///v7. A 41 T \ \/ FRo� s6 -T -SA \ / CK\\ \ / \ /\ \ \ \\ / \\ / / / / / / / / / / 9 SCALE: 4' = 1-0" / / / / / / .03 -/ / o/ ccg / / / 202 ■ vamea CD CID CD E� 2 LLl Z 0 O E 0 U U U O O E L O O 0 Qas ui 1 CO N 0)-1- a) -c 1 M N — 0 N6C V) /J U N d- 0 CD C CO O Z O CO CO U CO CO Ul • c .- (/) 0 LJJ 10) 0 Cn U Q N N N_ L Z c 0 N 0 co E o_c) 0 0 J Z m O N CN 00 O OO O LO . O CN THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: LOWER LEVEL PLAN 2.3 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY 670'-0" TOP OF ROOF FRONT ELEVATION A. ELEVATION MATERIALS # LOCATION MATERIAL FINISH 1 WALL STUCCO PAINTED 2 WALL HORIZONTAL CEDAR SIDING NATURAL STAIN 3 WALL STONE VENEER - - 5 WINDOW ALUMINUM CLEAR ANODIZED FINISH 6 DOOR ALUMINUM GLASS DOOR CLEAR ANODIZED FINISH 7 GARAGE DOOR ALUMINUM GLASS SECTIONAL GARAGE DOOR CLEAR ANODIZED FINISH SCALE: 4" = 1-0" WEST ELEVETAION 35' FROM NEAREST PROPERTY LINE NORTH (LEFT) ELEVATION EAST (REAR) ELEVATION 669'-0" PLATE 660'-0" TOP OF F.F. @ UPPER LEVEL s L LIVING ROOM DECK GARDEN DECK I I I I II I I 1 L FLAT ROOF TYP. ❑ _ ❑ L WEST (FRONT) ELEVATION SOUTH (RIGHT) ELEVATION 203 (1) JisJ aim AEI 0 ■ CD CID CO O UJ O CI Q 0 Q N L Zx 0 0 < -�0 EQu n 0 0 W _J Z <t - c7 w m O O E� r� C71 oZ N U) o CN 00 O CN THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: BUILDING ELEVATIONS 3.1 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY • m (N) GRADE I H i LEFT ELEVATION / NATURAL GRADE SLOPE (N) GRADE 670'-0" TOP OF ROOF 660'-0" HIGHEST GRADE 645'-0" AVERAGE GRADE 630'-0" LOWEST GRADE ELEVATION MATERIALS # LOCATION MATERIAL FINISH 1 WALL STUCCO PAINTED 2 WALL HORIZONTAL CEDAR SIDING NATURAL STAIN 3 WALL STONE VENEER - - 5 WINDOW ALUMINUM CLEAR ANODIZED FINISH 6 DOOR ALUMINUM GLASS DOOR CLEAR ANODIZED FINISH 7 GARAGE DOOR ALUMINUM GLASS SECTIONAL GARAGE DOOR CLEAR ANODIZED FINISH SCALE: 4" = 1'-0" NORTH (LEFT) ELEVATION WEST ELEVETAION 30'-7" FROM NEAREST PROPERTY LINE EAST (REAR) ELEVATION 1 1 1 1 LIVING ROOM DECK r 1 _ II 1---1r i 11 L-_1 1 11 Lam__ I L GARDEN DECK 11 11 11 11 1 J1 L FLAT ROOF TYP. — 1 WEST (FRONT) ELEVATION SOUTH (RIGHT) ELEVATION 204 CI) ■ (ID V D CO O UJ Lo O Q 0 Q N N Zxoz o < — 0 EQco 0 N • O (i) co 4) Q ( U N Q L O U 0 ai0 o c o -U) CN 00 CN THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: BUILDING ELEVATIONS 3.2 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY -G- 670'-0" TOP OF ROOF • 660'-0" HIGHEST GRADE • 645-0" AVERAGE GRADE REAR ELEVATION ELEVATION MATERIALS # LOCATION MATERIAL FINISH 1 WALL STUCCO PAINTED 2 WALL HORIZONTAL CEDAR SIDING NATURAL STAIN 3 WALL STONE VENEER - - 5 WINDOW ALUMINUM CLEAR ANODIZED FINISH 6 DOOR ALUMINUM GLASS DOOR CLEAR ANODIZED FINISH 7 GARAGE DOOR ALUMINUM GLASS SECTIONAL GARAGE DOOR CLEAR ANODIZED FINISH SCALE: 4" = 1'-0" NORTH (LEFT) ELEVATION WEST ELEVETAION 50' FROM NEAREST PROPERTY LINE EAST (REAR) ELEVATION 630'-0" LOWEST GRADE 1 L -- r -1 II _t_ d 1I 1 11 Li__J._JL. 11 LIVING ROOM DECK GARDEN DECK 11 11 11 11 11 iL L FLAT ROOF TYP. L_ — WEST (FRONT) ELEVATION N CN SOUTH (RIGHT) ELEVATION 205 104) rt) AMU y -7771 ■ w U w 0 2 w C Z U) 0 0 D V CD zn rCD V w D z 0 0 J CJ_ z m r N E 0 U7 0 E L O U N 0 C 92 W N C' I N •"= CA 00 a) L N •E N V C as c.0 c'- CO .0 O M CO 0 .„, U c0 c0 U) C U O 0 N N (i) CN 00 O 9 CN THE THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: BUILDING ELEVATIONS 3.3 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY TOP OF ROOF 670'-0" NATURAL GRADE SLOPE HIGHEST GRADE 660'-0" AVERAGE GRADE 645'-0" LOWEST GRADE 630'-0" (N) GRADE • RIGHT ELEVATION • ME ■ • a (N) GRADE ELEVATION MATERIALS # LOCATION MATERIAL FINISH 1 WALL STUCCO PAINTED 2 WALL HORIZONTAL CEDAR SIDING NATURAL STAIN 3 WALL STONE VENEER - - 5 WINDOW ALUMINUM CLEAR ANODIZED FINISH 6 DOOR ALUMINUM GLASS DOOR CLEAR ANODIZED FINISH 7 GARAGE DOOR ALUMINUM GLASS SECTIONAL GARAGE DOOR CLEAR ANODIZED FINISH SCALE: 4' = 1-0" NORTH (LEFT) ELEVATION WEST ELEVETAION 97'-7" FROM NEAREST PROPERTY LINE EAST (REAR) ELEVATION r -H L _ LIVING ROOM DECK — L�_�1L L _ L_ _S-1 GARDEN DECK J1 L FLAT ROOF TYP. ❑ ❑ WEST (FRONT) ELEVATION — � J SOUTH (RIGHT) ELEVATION 206 ■ C.) CD ci) CD E 0 U Vi 0 O°'E i 0 Q N 0 C Nocm co w - 1 M N — 2 N62 (U6 coNN C Co .0 0 co Co U zU 0000 fn C CD CI) CO O UJ Lo M Q 0 Q N L Zxoz 0 Ect QUn 0 0 W _J zo _`� 0 i Q m O CO E� r C71 oz ▪ N U) o CN 00 CN THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: BUILDING ELEVATIONS 3.4 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY STAIRWAY STAIRWAY / / / / LAUNDRY 19'-1" 60% 0 00 00 0 / GUEST / OFFICE I 1- w LL LL 0 SECTION A SCALE: 4" = 1-0" 670'-0" TOP OF ROOF 660'-0" HIGHEST GRADE 645'-0" AVERAGE GRADE 9 EC) N 630'-0" LOWEST GRADE TOP OF ROOF • 630'-0" 9 10 N HIGHEST GRADE - 660'-0" AVERAGE GRADE 630'-0" LOWEST GRADE 630'-0" ELEVATOR STAIRWAY GARDEN DECK HALL GAS FIREPLACE LIVING ROOM L LIVING ROOM DECK MECHANICAL ROOM 15'-3" HALL CLST BEDROOM 12'-9" 55% 45% SECTION B SCALE: 4" = 1-0" GRA 207 C114) C,) CD ci) ■ E 0 U Vi U O°'E i O0 Q N zi C No • co ww -c 1M N •E ` 44.1 V 2 as coNN .1- O N C'- c0 .0 z O M co U U 0000 fn C CD V) co O W Lo U Q N N Z 0a, 0 N O • O O N Q � U N Q L 0 U 0 ai U c O -U) O N THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE —I-4- -I-4- -I-4- -I-4— sheet title/number: BUILDING SECTIONS 4.1 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY TOP OF ROOF 670'-0" L7 CN HIGHEST GRADE 660'-0" AVERAGE GRADE 630'-0" LOWEST GRADE 630'-0" GARDEN DECK LIVING ROOM DECK ENTRY .N 1- Lu o T LIG 'WELL NP��R E 'GRP i i i 12'-4" BEDROOM 1 i i i DINING ROOM i i i i 15'-8" KIDS ALCOVE HALL 44% SECTION C 56% BATH ROOM SCALE: 4' = NATURAL — — GE RAD GARAGE L FAMILY 1 KITCHEN 1 r 1 7 7 - MASTER BEDROOM SITTING 7 7 7 7 i i GAME ROOM CLOSET SECTION D SCALE: 4" = 1'-0" 1- w LJ- LJ - 0 w0 i i 670'-0" TOP OF ROOF 660'-0" HIGHEST GRADE 630'-0" AVERAGE GRADE N 630'-0" LOWEST GRADE 208 ■ E 0 U Vi U O°'E i 00 Q N A C N o Ur rnw ws 1M N •E ` V 2 as coNN .1- O N C'- co .0 O co co U z CD00000 fn C rCD V , CO O W O U Q N L Z00 E0_c03o 0 N co (/) O Q U 'Cr) N- O_ Q 0 U 0 ai U co U c O � (n CN 00 O N THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BE CONSTRUED AS A GUARANTEE THAT ALL CODE REQUIREMENTS ARE REFLECTED IN THE DOCUMENT. THE GENERAL CONTRACTOR FOR THE PROJECT SHALL BE ULTIMATELY RESPONSIBLE FOR INSURING THAT THE FINISHED PRODUCT COMPLIES WITH ALL REGULATIONS, LAWS AND CODE REQUIREMENTS. revisions: A REVISION DATE --I--1-- --I--1-- --I--1-- --I--1-- sheet title/number: BUILDING SECTIONS 4.2 NOTE: IF SHEET SIZE IS NOT 24" X 36" IT IS A REDUCED PRINT - SCALE ACCORDINGLY GENERAL NOTES 1. ALL WORK SHALL BE PERFORMED IN CONFORMANCE WITH THE FOLLOWING: A. CITY OF SARA TOGA STANDARD SPECIFICA TIONS AND DETAILS FOR PUBLIC WORKS CONSTRUCTION WHERE APPLICABLE, B. APPLICABLE SECTIONS OF THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS, LATEST EDITION, HEREINAFTER REFERRED TO AS "CALTRANS", C. THESE PLANS AND DETAILS, D. STANDARDS OF THE UNITED STA TES DEPARTMENT OF LABOR, OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, OFFICE OF STANDARDS AND RULES OF THE STATE DI VISION OF INDUSTRIAL SAFETY, WHERE CONFLICTS EXIST BETWEEN ANY OF THE ABOVE LISTED SPECIFICATIONS, THE MOST STRINGENT LISTED SPECIFICATION SHALL APPLY. 2. IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO SECURE ALL PERMITS NECESSARY TO PERFORM THE WORK, INCLUDING BUT NOT LIMITED TO WORK IN THE PUBLIC RIGHT-OF-WAY, GRADING, TREE REMOVAL, AND UTILITY MODIFICATIONS. 3. CONTRACTOR SHALL SUPPLY ALL EQUIPMENT, LABOR AND MATERIALS NECESSARY TO PERFORM THE WORK SHOWN ON THIS PLAN. 4. IT SHALL BE THE RESPONSIBILITY OF THE VARIOUS CONTRACTORS TO COORDINATE THEIR WORK SO AS TO ELIMINATE CONFLICTS AND WORK TOWARD THE GENERAL GOOD AND COMPLETION OF THE ENTIRE PROJECT. 5. ALL WORKMANSHIP AND MATERIALS FURNISHED BY THE CONTRACTOR SHALL BE THE KIND AND QUALITY DESCRIBED IN THE SPECIFICATIONS AND SHALL BE FIRST CLASS THROUGHOUT. NEITHER FINAL ACCEPTANCE NOR FINAL PAYMENT BY OWNER SHALL RELIEVE THE CONTRACTOR OF RESPONSIBILITY FOR FAULTY MATERIALS OR WORKMANSHIP. 6. IN THE EVENT OF ANY CONFLICT OF INFORMATION SHOWN ON THESE PLANS OR ANY CONFLICT BETWEEN THESE PLANS AND THE INTENT OF A CONSISTENT AND FUNCTIONAL PRODUCT, THE CONTRACTOR SHALL SO NOTIFY THE OWNER IN WRITING, UPON WHICH NOTICE THE OWNER SHALL RESOLVE THE CONFLICTS BY THE ISSUANCE OF A WRITTEN ORDER, REVISED PLANS OR BOTH. THE CONTRACTOR SHALL BEAR FULL COST AND RESPONSIBILITY FOR WORK AFFECTED BY SUCH CONFLICTS AND PERFORMED BY CONTRACTOR PRIOR TO SUCH NOTICE TO THE OWNER AND ISSUANCE OF SUCH ORDER AND/OR REVISED PLANS. 7 CONTRACTOR SHALL PROVIDE ADEQUATE DUST CONTROL AT ALL TIMES AS REQUIRED BY OWNER'S REPRESEN TA TI VE. 8. CONTRACTOR AND SUBCONTRACTORS SHALL EXERCISE ALL NECESSARY CAUTION TO AVOID DAMAGE TO ANY EXISTING TREES, OR SURFACE IMPROVEMENTS OR TO ANY EXISTING DRAINAGE STRUCTURE, WATER STRUCTURE, SEWER CLEANOUTS, MANHOLES, OR JUNCTION BOXES FOR UNDERGROUND ELECTRIC, GAS, TELEPHONE, CABLE T. V., STORM, SANITARY, WATER OR OTHER UTILITIES WHICH ARE TO REMAIN IN PLACE AND SHALL BEAR FULL RESPONSIBILITY FOR ANY DAMAGE THERETO. 9. IT SHALL BE THE RESPONSIBILITY OF THE PERMITTEE TO IDENTIFY, LOCATE AND PROTECT ALL UNDERGROUND FACILITIES. 10. CONTRACTOR SHALL CONTACT BOTH UNDERGROUND SERVICE ALERT (800-227-2600) AND THE AFFECTED UTILITY COMPANY PRIOR TO STARTING WORK TO REQUEST AND OBTAIN THE MARKING OF EXISTING UNDERGROUND FACILITIES. 11. ENGINEER SHALL BEAR NO RESPONSIBILITY FOR METHODS AND PROCEDURES OF WORK ESTABLISHED BY CONTRACTOR, JOBSITE CONDITIONS, JOBSITE SAFETY OR CONFORMANCE WITH SAFETY PROCEDURES AND REQUIREMENTS. 12. IN CONFORMANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR SHALL ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR THE JOBSITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS BOTH THE OWNER AND ENGINEER FROM ANY AND ALL LIABILITY REAL OR ALLEGED IN CONNECTION WITH THE PERFORMANCE OF THE WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE OWNER OR ENGINEER. 13. PRIOR TO THE COMMENCEMENT OF ANY EARTHWORK/GRADING ACTIVITIES, THE PERMITTEE SHALL ARRANGE A PRE -CONSTRUCTION MEETING. THE MEETING SHALL INCLUDE THE CITY OF SARATOGA GRADING INSPECTOR (408-868-1201), THE GRADING CONTRACTOR AND THE PROJECT SOILS ENGINEER, LAWRENCE KO0 (408-970-8685). THE PERMITTEE OR REPRESENTATIVE SHALL ARRANGE THE PRE -CONSTRUCTION MEETING AT LEAST 48 HOURS PRIOR TO THE START OF ANY EARTHWORK/GRADING ACTIVITIES. 14. APPROVAL OF THIS PLAN APPLIES ONLY TO THE EXCAVATION, PLACEMENT AND COMPACTION OF NATURAL EARTH. THIS APPROVAL DOES NOT CONFER ANY RIGHTS OF ENTRY TO EITHER PUBLIC PROPERTY OR THE PRIVATE PROPERTY OF OTHERS. APPROVAL OF THIS PLAN DOES NOT CONSTITUTE APPROVAL OF ANY IMPROVEMENTS. ANY PROPOSED IMPROVEMENTS ARE SUBJECT TO REVIEW AND APPROVAL BY THE RESPONSIBLE AUTHORITIES AND ALL OTHER PERMITS/APPROVALS SHALL BE OBTAINED. 15. THE PERMITTEE SHALL MAINTAIN ALL STREETS, SIDEWALKS AND OTHER PUBLIC RIGHT -OF WAYS IN A CLEAN, SAFE AND USABLE CONDITION. ALL SPILLS OF SOIL, ROCK OR CONSTRUCTION DEBRIS SHALL BE REMOVED FROM PUBLIC PROPERTY. ALL ADJACENT PROPERTY, BOTH PUBLIC AND PRIVATE, SHALL BE MAINTAINED IN A CLEAN, SAFE AND USABLE CONDITION. 16. ALL GRADING AND EARTHWORK ACTIVITIES SHALL BE PERFORMED IN SUCH A MANNER AS TO COMPLY WITH STANDARDS ESTABLISHED BY THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT FOR AIRBORNE PARTICULATES. 17. ALL KNOWN WATER WELL LOCATIONS ON SITE, IF ANY, SHALL BE MAINTAINED OR ABANDONED ACCORDING TO CURRENT REGULATIONS ADMINISTERED BY THE SANTA CLARA VALLEY WATER DISTRICT. CALL 408-265-2600 X2660 TO ARRANGE FOR DISTRICT OBSERVATION OF WELL ABANDONMENT. 18. THIS PLAN DOES NOT APPROVE THE REMOVAL OF ANY TREES. APPROPRIATE TREE REMOVAL PERMITS SHALL BE OBTAINED FROM THE COMMUNITY DEVELOPMENT DEPARTMENT. ANY REQUIRED TREE PROTECTION MEASURES SHALL BE MAINTAINED THROUGHOUT CONSTRUCTION. 19. ALL CONSTRUCTION SITES ARE TO BE WINTERIZED WITH APPROPRIATE EROSION CONTROL MEASURES IN PLACE FROM OCTOBER 15TH TO APRIL 15TH OF EACH YEAR. 20. EXCAVATION CUTS EXCEEDING 5 FEET TYPICALLY REQUIRE A DOSH PERMIT. ALL EXCA VA TIONS MUST CONFORM TO APPLICABLE OSHA AND CAL -OSHA REQUIREMENTS. CONTACT CALIFORNIA DEPARTMENT OF OCCUPATIONAL SAFETY AND HEALTH (DOSH) FOR INFORMATION ABOUT REQUIRED PERMITS . DOSH'S LOCAL OFFICE: (510) 794-2521. AT THE PRE -CONSTRUCTION MEETING, THE EXCAVATION CONTRACTOR SHALL SUBMIT PROOF, TO THE CITY BUILDING INSPECTOR, THAT SHOWS HE OR SHE HAS RECEIVED SUCH A PERMIT FROM DOSH. GRADING PLAN FOR 21216 BANK MILL R0TAD SARATOGA, CALIFORNIA SILTATION BASIN "CHRISTY" U21 WITH LID OR APPROVED EQUAL (SEE PLAN FOR RIM ELEV.) INV=(OUT) (SEE PLAN FOR ELEVA TION) PIPE IN FROM STORM DRAINAGE SYSTEM INV= IN (SEE PLAN FOR ELEVATION) "MIRAFl" FILTER FABRIC AND COVERED WITH STEEL (20 gauge) MESH 12"DIA. AUGURED HOLE /7- o X0 0\ INSTALLED AT BOTTOMV co 0 FILL WITH ROCK 1 1/2"-2" WASHED CRUSH STONE BEDDING COMPACTED TO 90% REL. COMP. 0 To✓UNcrroN Box AMBER N S 6., 2VM/N. 7.0 NOTE STORM SYSTEM (I.E. AREA DRAINS, CATCH BASIN OR STUBBED PIPES TO RWL) TO BE TEMPORARILY PLUGGED UNTIL FINAL INSPECTION. IT IS THE CONTRACTORS RESPONSIBILITY TO PROVIDE WASH -OFF PITS FOR SUBCONTRACTORS TO PREVENT CONTAMINATION OF INFILTRATION TRENCH. DEBRIS BASIN N. T. S. GRADING AND PAVING NOTES 1. WORK SHALL CONSIST OF ALL CLEARING (INCLUDING TREE REMOVAL), GRUBBING, AND STRIPPING, PREPARATION OR LAND TO BE FILLED, EXCAVATION, SPREADING, COMPACTION AND CONTROL OF THE FILL, AND ALL SUBSIDIARY WORK NECESSARY TO COMPLETE THE GRADING TO CONFORM TO THE LINES, GRADING AND SLOPES, AS SHOWN ON THE ACCEPTED PLANS AND AS SPECIFIED IN THE SOILS INVESTIGATION REPORT. 2. THE CONTRACTOR SHALL NOTIFY THE SOIL ENGINEER, AT LEAST 48 HOURS PRIOR TO COMMENCEMENT OF ANY GRADING OPERATIONS ON-SITE. 3. THE SOILS ENGINEER SHALL BE ON SITE DURING GRADING OPERATIONS AND SHALL PERFORM SUCH TESTING AS DEEMED NECESSARY. THE SOILS ENGINEER SHALL OBSERVE THE GRADING OPERATION FOR CONDITIONS THAT SHOULD BE CORRECTED, AND IDENTIFY THOSE CONDITIONS WITH RECOMMENDED CORRECTIVE MEASURES TO THE CONTRACTOR. 4. IN THE EVENT THAT ANY UNUSUAL CONDITIONS NOT COVERED BY THESE NOTES ARE ENCOUNTERED DURING GRADING OPERATIONS, THE SOILS ENGINEER AS WELL AS THE CIVIL ENGINEER, SHALL BE IMMEDIATELY NOTIFIED. 5. ALL EXISTING TRASH, DEBRIS, ROOTS, TREE REMAINS AND OTHER RUBBISH SHALL BE REMOVED FROM THE SITE SO AS TO LEAVE THE AREAS THAT HAVE BEEN DISTURBED WITH A NEAT AND FINISHED APPEARANCE FREE FROM UNSIGHTLY DEBRIS. NO BURNING SHALL BE PERMITTED. 6. ALL ON-SITE SANITARY SEWER LINES AND LATERALS SHALL BE SUBJECT TO BUILDING DEPARTMENT AND SANITARY DISTRICT APPROVAL PRIOR TO INSTALLATION. 7. ALL WORK SHALL UTILIZE BEST MANAGEMENT PRACTICES (BMP'S) AS REQUIRED BY THE STATE WATER RESOURCES CONTROL BOARD, FOR CONSTRUCTION ACTIVITY WHICH DISTURBS SOIL. 8. ALL WORK SHALL BE PERFORMED IN CONFORMANCE WITH THE GEOTECHNICAL INVESTIGATION PREPARED BY ALLIANCE ENV. AND SOIL ENGINEERING, 1400 COLEMAN AVE., SUITE C16 -F, SANTA CLARA, CA 95050, (408) 970-8685, DATED SEPTEMBER, 2006, FOR THIS PROJECT. 9. GRADING ACTIVITIES ARE ONLY ALLOWED MONDAY THROUGH FRIDAY, 7:30 AM TO 6: 00 PM. 2' PVC DRAIN LINE A�'�'�'i`iii 2' OF 4" TO 12" JAGGED ^N' EDGE RIP -RAP BOULDERS SECTION ENERGY DISSIPATER DETAIL EARTHWORK QUANTITIES CUT 1,850 ± CY.* FILL 10 ± CY. EXPORT 1,840 ± CY. ENGINEER ASSUMES NO RESPONSIBILITY FOR ESTIMATED EARTHWORK. ACTUAL EARTHWORK QUANTITIES MAY VARY DUE TO SITE CONDITIONS AND MATERIAL SPECIFICATIONS. CONTRACTOR SHALL MAKE INDEPENDENT ESTIMATE PRIOR TO BIDDING. * INCLUDES BASEMENT EXCAVATION (WHICH IS 1,000 ± C.Y.) soi a /07, N.T.S. AB AC AD BLDG BS BW B/W CB Q C. L. DD DI D/W E ELEC. EP EUC EX. FG FF FH FL FS GB AGGREGATE BASE ASPHALT CONCRETE AREA DRAIN BUILDING BOTTOM OF STEP BASE OF WALL BACK OF WALK CATCH BASIN CENTERLINE CENTERLINE DECK DRAIN DROP INLET DRIVEWAY ELECTRICAL ELECTRICAL EDGE OF PA VEMEN T EUCALYPTUS TREE EXISTING FINISH GRADE FINISH FLOOR FIRE HYDRANT FLOWLINE FINISH SURFACE GAS GRADE BREAK VICINITY MAP N.T.S. SHEET INDEX 1 NOTES AND DETAILS 2 GRADING AND DRAINAGE PLAN 3 BOUNDARY AND TOPOGRAPHIC SURVEY LEGEND PROPOSED EXISTING I H 0 O B.S.L. OR ABBREVIA TIONS RWD GND GM GT HC HP ICV INV JP JT LF LT. MIN MH OG OH PSE PVC P RCP P. L. PP RT. R/W 0 w W RED WOOD GROUND GAS METER GRATE HANDICAP RAMP HIGH POINT IRRIGATION CONTROL VALVE INVERT ELEVATION JOINT UTILITY POLE JOINT TRENCH LINEAR FEET LEFT MINIMUM MANHOLE OUTSIDE GRADE OVERHEAD UTILITY LINE PUBLIC SERVICE EASEMENT POLYVINYL CHLORIDE PAVEMENT REINFORCED CONC. PIPE PROPERTY LINE POWER POLE RIGHT RIGHT OF WAY S= SSCO SD SDCO SDE SS SSE STA. T TEL TB TC TS TW VG W WM WV PROPERTY LINE BUILDING FOOTPRINT AC PAVEMENT FIRE HYDRANT WA TER VALVE WATER METER JOINT POLE SANITARY MANHOLE STORM DRAIN MANHOLE SANITARY CLEANOUT TREE EX. TREE TO BE REMOVED CONTOUR LINE CATCH BASIN AREA DRAIN EASEMENT LINE BUILDING SETBACK LINE DRAINAGE FLOW RETAINING WALL FENCE LINE STORM DRAIN LINE SANITARY SEWER LINE WATER LINE GAS LINE SLOPE SEWER CLEANOUT STORM DRAIN STORM DRAIN CLEANOUT STORM DRAIN EASEMENT SA NI TARY SEWER SANITARY SEWER EASEMENT STATION TELEPHONE TELEPHONE TOP OF BANK TOP OF CURB TOE OF STEP TOP OF WALL VALLEY GUTTER WATER WATER METTER WATER VALVE 209 >- z z w w REVISIONS w L •"-N.• CO 0 0 o c 0 0 0 O d- • 21216 BANK M LOT 5 TRACT 3946 z re 0 LL J 0 1- a z z z J a w SHEET C-1 OF 3 DATE 10/5/11 JOB NO. 07133 1114 05 PM PST F1\2007\07133\dwg\07133GD,dwg 639,44 GRAPHIC SCALE '629_3:1. \\ 630.08 `• 629.29 i� I 1 r IINLAL �TCE (VUT \ I Tt" CATC ULT W1 1 e--_ 6 a i TC6 ExS SO.MH kilid557.33 iNV552. 98 NOTE: THIS LOT IS LOT 5 AS SHOWN UPON THAT CERTAIN MAP ENTITLED "TRACT NO. 3946", WHICH WAS FILED IN BOOK 197 OF MAPS, AT PAGE 30 & 31 OF SANTA CLARA COUNTY RECORDS. NO MONUMENTS WERE SET AT THE PROPERTY CORNERS AT THE REQUEST OF THE CLIENT. 11405 PM PST o Cu F1\2007\07133\dwg\07133GD,dwg 211 3 ARC HOW 5 ARC HOW 3 ARC H0°\ 3 ARB UNE Symbol Botanical Name TREES ARB UNE CER OCC MYR CAL QUE AGR QUE LOB SHRUBS' Arbutus unedo 'Marina' Cercis occidentalis Myrica californica Quercus agrifolia Quercus Iobata Common Name STRAWBERRY TREE WESTERN REDBUD PACIFIC WAX MYRTLE COAST LIVE OAK VALLEY OAK 24" box 15 ga I ion 15 gallon 24" box 36" box ARC HOW CAR CAL CEA CON DIE VEG ESC NEW HET ARB HEU SAN LEP RUB MAH AQU NAN DOM PHO COO RHA CAL RHU OVA RIB SAN ROM COU VAC OVA VER LIL Arctostaphylos 'Howard McMinn' Carpenteria californica Ceanothus 'Concha' Dietes vegata Escallonia 'Newport Dwarf' Heteromeles arbutifolia Heuchera sanguines Leptospermum s. 'Ruby Glow' Mahonia aciuifolium Nandina clomestica Phormium cookianum Rhamnus californica Rhus ovata Ribes sanguineum Romneya coulters Vaccinum ova turn Verbena lilacinca 'De La Mina' MANZANITA BUSH ANEMONE WILD LILAC FORTNIGHT LILY ESCALLONIA TOYON CORAL BELLS NEW ZEALAND TEA TREE OREGON GRAPE HEAVENLY BAMBOO MOUNTAIN FLAX COFFEEBERRY SUGAR 5U5H RED FLOWERING CURRANT MATILiJA POPPY EVERGREEN HUCKLEBERRY LILAC VERBENA 5 gallon 15 gallon 5 gallon 5 ga I Ion 5 ga I lon 15 gallon 1 ga I lon 5 ga I lon 5 ga I lon 5 ga I lon 5 ga I lon 5 ga I lon 5 ga I lon 5 ga I lon 5 gallon 5 gallon 1 ga !Ion 3 MYR CAL 5 ARC 1-I0W GROUNDCOVERS' ++++++ ++ + Arctostaphylos 'Emerald Carpet' EMERALD CARPET MANZANITA 24' o.c. from I Gallon Cans Ceanothus 'Yankee Point' Eriogonum grande rubesens Festuca californica 3 QUE AGR 5' WIDE DECORATIVE COLOR CONCRETE (COLOR TO BE COMPATIBLE WITH FLAGSTONE AND HOUSE) 16•x16• FLAGSTONE PAVER. COLOR IS HARMONIOUS WITH HOUSE 1 ARB UNE 3 QUE AGR ++ ++++ + + + + + + + +++++++ + + + + + + + + + + + + + + +++ + + + 1 Ad ■ +++ 6411 • EXISTING OAK WOODLAND Muhlenbergia ripens Ribes viburnifolium Salvia sonomensis Salvia spathaceae Mulch WiLD LILAC RED BUCKWHEAT CALIFORNIA FESCUE WILD RYE DEER GRASS 48" o.c. from 5 Gallon Cans 24" o.c. from 1 Gallon Cans 24' o.c. from 1 Ga l lon Cans 24' o.c. from 1 Ga l lon Cans 367" o.c. from 1 Ga I Ion Cans EVERGREEN CURRANT 48' o.c. from I Gallon Cans SONOMA SAGE 36" o.c. from 1 Gallon Cans HUMM iNGB I RD SAGE o.c. from 1 Gallon Cans Oak Woodland Suitable Mulch EXISTING TREE LEGEND TREE TO REMAIN BANK MILL ROAD 2 QUE AGR 1 ARB UNE TREE TO BE REMOVED NOTES: REFER TO "TREE PRESERVATION REPORT FOR 21216 BANK MILL ROAD, DATED JANURARY 29,2009." PREPARED BY DAVID L. SASSY. TREE NUMBERS ON T1-115 PLAN ARE REFLECTED iN THE REPORT. ALL PLANTING AREAS SHALL BE IRRIGATED WITH AN AUTOMATIC WATER CONSERVING IRRIGATION SYSTEM IN COMPLIANCE WITH THE CiTY OF SARATOGA WATER CONSERVATION ORDINANCES. ALL PLANTING AND IRRIGATION OPERATIONS SHALL COMPLY WITH THE CiTY OF SARATOGA LANDSCAPE GUIDELINES. 1 CER OCC UJALL FOUNTAIN AND FOND ELEVATION 212 r REVISIONS BY camp &camp associates planning & landscape architecture 2540 CAMINO DIABLO, SUITE 201 WALNUT CREEK, CALIFORNIA 94597 (925) 941-6490 FAX (925) 941.6455 email: tc@campandcamp.com -0 O w 0= Z • - wQ p 0 c w W ty,� � cc 6'-' 0 T 2 -E W CV co Z N U) r DRAWN: EW, CM CHECKED: TC DATE 02.012011 SCALE 1/8" =1'- 0" JOB NO. 11-011 SHEET L-1 OF 00 SHEETS r REVISIONS BY L cC camp &camp associates planning & landscape architecture 2540 CAMINO DIABLO, SUITE 201 WALNUT CREEK, CALIFORNIA 94597 (925) 941-6490 FAX (925) 941.8455 email: tc©campandcamp.com pNDSCAPF\ w IX Na 4494 * REN. * s�qS AF ckil V cti 0 wCC 0= Z — wMQ p _, U cw w co co ii co 0 T a2Ii WN co Z N Cly r DRAWN: EW, CM CHECKED: TC DATE 02.01.2011 SCALE: 118" =1'- 0" JOB NO. 11-011 SHEET L-2 OF 00 SHEETS CITY OF SARATOGA Community Development Department 13777 Fruitvale Avenue Saratoga, CA 95070 (408) 868-1222 NOTICE OF PUBLIC HEARING The City of Saratoga's City Council announces the following public hearing on: Wednesday, the 2nd day of May 2012, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. The public hearing agenda item is stated below. Details of this item are available at the Saratoga Community Development Department, Monday through Friday 7:30 a.m. — 5:00 p.m. Please consult the City website at www.saratoga.ca.us regarding Friday office closures. APPLICATION/ADDRESS: APPC 12-0001 / 21216 Bank Mill Road APPEALANT/APPLICANT: Maggard / Sharma APN: 503-55-005 DESCRIPTION: Appeal of a Planning Commission design review and variance approval (PDR08-0029 / VAR08-0001) to allow construction of a new two-story, single-family residence with a basement at 21216 Bank Mill Road. The project required design review approval per City Code Section 15.45.060 (a)(1). The project required variance approval per City Code Section 15-12.061 (a), for locating the building footprint underneath a dwelling unit that exceeds thirty percent slope and allowing retaining walls taller than three feet within the front setback. Eight trees are requested for removal to construct the project. Those trees have met the criteria for removal, and may be removed and replaced once Building Division permits have been issued for the project. The design review and variance was approved by Planning Commission on March 14, 2012. All interested persons may appear and be heard at the above time and place. If you challenge a decision of the City Council pursuant to a Public Hearing in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing. In order for information to be included in the City Council's information packets, written communications should be filed on or before Tuesday, April 24, 2012. This notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor's office annually, in preparing its notice mailing lists. In some cases, out-of-date information or difficulties with the U.S. Postal Service may result in notices not being delivered to all residents potentially affected by a project. If you believe that your neighbors would be interested in the project described in this notice, we encourage you to provide them with a copy of this notice. This will ensure that everyone in your Community has as much information as possible concerning this project. Michael Fossati Planner (408) 868-1212 214 APN 503-48-028 503-55-002 503-55-003 503-55-005 503-55-006 503-55-007 503-55-008 503-55-009 503-55-010 503-55-011 503-55-012 503-55-013 503-55-014 503-55-015 503-55-016 503-55-017 503-55-018 503-55-019 503-55-020 503-55-021 503-55-022 503-55-023 503-55-024 503-55-028 503-55-040 503-55-047 503-55-048 503-55-049 503-55-052 503-55-053 503-55-063 503-55-064 503-55-069 503-55-070 503-55-071 503-55-076 503-60-018 503-64-001 503-64-002 503-64-003 503-64-004 503-64-005 503-64-006 503-64-008 503-64-009 503-64-010 503-64-012 503-64-013 503-64-014 503-64-015 503-64-016 503-64-017 503-64-018 503-64-019 503-64-020 503-64-021 503-64-022 503-64-023 503-64-024 503-64-025 503-64-026 503-64-027 503-64-028 503-64-028 503-64-029 503-64-030 503-65-001 503-65-002 Owner Name ZEN-KAMATA LLC KENNETH L & SHELLEY W LUSKEY HIDEAKI IRIE ASHOK K & SAMIR SHARMP JIN K & IHN HEE KIM SUNIL & REWA KAUL GARY & LINDA L ENGELKING JANICE C DOWN ANTHONY E & SUE S ATWELL GARY B & NICOLA W GORDON ROY E & CAROLYN G MARTIN NELSON C & CHERYL W YUEN KURT AKELEY JOSEPH L & PATSY L TOWNSEND MATTHEW & DIANA F RAGGETT YONGJIAN & QIU BEIFANG WU JAMES MAGGARD LUIGI & GALLUCCI-CEVOLA ADELE CEVOLA WATER WORKS SAN JOSE XING & WANG XIUJUAN CHEN VIPAPORN NICHAPANICH ARTHUR W & JUNE A ANDERSON MICHAEL & KAREN DUTCH JEROME C & CAROL A WOODARD TONY P & CAROL E HAMMER CHRISTINE CAMPBELL ANDREW J GROSE CECIL R & GUDRUN T JONES VAUGHN R & DOROTHY R MARIAN JONAS & JENNIFER D PERSSON TERRANCE PAIHSIANG KAO TACETTIN & SEVTAP ISIK WATER WORKS SAN JOSE RICHARD J DEVILBISS DONALD F CAPATOSTO SARATOGA CITY OF SARATOGA OAKS HOMEOWNERS ASSOC WILLIAM J MUSSONE DARLA R GARVEY ANDREW G & LEONORE J TESCHER THOMAS A PIZZILLO MEHDI C DOROODGAR GREGORY B WALKER TAKAO & SANYON YAMAGISHI ERICKSON JAMES B TR NEIL G & NERISSA G DEXTER CHARLOTTE H MILLER TAO FAMILY TR HUGH H & EVELYN C GLEASON LONNA L FRANKLIN JONATHAN A DUTRA JOSEPH J & SUSAN M ZABKAR LORI K CINNAMON MARGARET E KELLY LOUIS S THOMPSON IVAN BURGOS ELENA G ABOITIZ MIN K & KYANG HEE KIM JAE DONG & KYUNG S CHOI FORREST R & GAYLE P JOHNSON PETWUN LLC HUGHES LARRY V TR/TR SARATOGA OAKS HOMEOWNERS ASSOC SARATOGA OAKS HOMEOWNERS ASSOC FIELDSTONE DRIVE LLC RICHARD J & DONNA R HUNTER WUERFLEIN FAMILY TR JASON & KATHY NOLET Mailing Address 2635 N FIRST ST #213 21185 TOLL GATE RD 21278 BANK MILL RD 1201 BRENTWOOD AVE 21194 BANK MILL RD 21172 BANK MILL RD 21158 BANK MILL RD 21146 BANK MILL RD 21134 BANK MILL RD 21112 BANK MILL RD P.O. BOX 513 21062 BANK MILL RD 21048 BANK MILL RD 21036 BANK MILL RD 21028 BANK MILL RD 14633 AMBRIC KNOLLS RD 14665 AMBRIC KNOLLS RD 832 CHYNOWETH CT 374 W SANTA CLARA ST 14666 AMBRIC KNOLLS RD 14634 AMBRIC KNOLLS RD 21150 AMBRIC KNOLLS RD 21010 BANK MILL RD 21025 BANK MILL RD 21279 LUMBERTOWN LN 21185 HAYMEADOW DR 21145 BANK MILL RD 21127 BANK MILL RD 21182 HAYMEADOW DR 21194 HAYMEADOW DR 21166 HAYMEADOW DR 21175 BANK MILL RD 374 W SANTA CLARA ST 21164 TOLL GATE RD 21244 BANK MILL RD 13777 FRUITVALE RD 1935 DRY CREEK RD #203 14674 FIELDSTONE DR 14672 FIELDSTONE DR 14670 FIELDSTONE DR 14668 FIELDSTONE DR 14666 FIELDSTONE DR 47 ALPINE AVE 12280 SARA-SVALE RD #205 14675 FIELDSTONE DR 14677 FIELDSTONE DR 14681 FIELDSTONE DR 14683 FIELDSTONE DR 14685 FIELDSTONE DR 14687 FIELDSTONE DR 20746 SEVILLA LN 14690 STONERIDGE DR 14688 STONERIDGE DR 14686 STONERIDGE DR 14684 STONERIDGE DR 14265 BURNS WAY 25505 BLEDSOE CT 14678 STONERIDGE DR 14676 STONERIDGE DR 14674 STONERIDGE DR 14672 STONERIDGE DR 14670 STONERIDGE DR 1935 DRY CREEK RD #203 1935 DRY CREEK RD #203 14671 FIELDSTONE DR 14679 FIELDSTONE DR 14668 STONERIDGE DR 14925 SOBEY RD City, State, Zip SAN JOSE CA 95134 SARATOGA CA 95070 SARATOGA CA 95070 RICHLAND WA 99352 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95071 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SAN JOSE CA 95136 SAN JOSE CA 95113 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SAN JOSE CA 95196 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 CAMPBELL CA 95008 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 LOS GATOS CA 95030 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 LOS ALTOS HILLS CA 94022 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 89519 CAMPBELL CA 95008 CAMPBELL CA 95008 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 503-65-003 503-65-004 503-65-005 503-65-008 503-65-009 503-65-010 503-65-012 503-65-013 503-65-014 503-65-015 503-65-016 503-65-017 503-65-018 503-65-020 503-65-021 503-65-022 503-65-023 503-65-024 503-65-025 503-65-026 503-65-027 503-65-030 503-65-031 503-65-032 503-65-033 503-65-034 503-65-035 503-65-036 503-65-037 503-65-039 503-65-040 503-65-041 517-36-009 ANN M & BERNARD R KIBORT GHOLAMREZA & MASOUMEH TAHERIZADEGAN ROTHMULLER M JANE BURTON L & KAREN L SCHRAGA DICK TRUST THOMAS R LAVELLE FRANCES MELLEN-BANAKAS ANGELA MARKULIN CHARLES S & PATRICIA M ISHERWOOD BRIAN J NETTLEMAN GERALDINE T FLEMING LOPRESTO FAMILY TR SALLY M BRIGHT SARATOGA OAKS HOMEOWNERS ASSOC DORA MOUTAFIAN GEORGE T & HELEN J BULJAN CHIENCHUN J LU ELKE M PAULSEN GIRIDHAR R & PRAVEENA TUMU KEITH L & SHARON A BARNES REEDY TRUST THOMAS J & BARBARA A OMALLEY MARIE BECHTEL ERIC MILLEDGE DAVID & JANET L MORRISON JOE T & CAROLYN E BOOKER EDWARD A & LORNA C PANELLI BARBARA J ALDRIDGE LANDIS C & BERIT MAHAFFEY HSING JUNG & YENCHEN LU WANG PETER M JOACHIM GIANNETTO S THOMAS SARATOGA CITY OF 14664 STONERIDGE DR PO BOX 175 14660 STONERIDGE DR 14650 STONERIDGE DR 14648 STONERIDGE DR 14646 STONERIDGE DR 14669 FIELDSTONE DR 14667 FIELDSTONE DR 14665 FIELDSTONE DR 14663 FIELDSTONE DR 14661 FIELDSTONE DR 14659 FIELDSTONE DR 14657 FIELDSTONE DR 1935 DRY CREEK RD #203 14634 FIELDSTONE DR 14345 SARATOGA AVE #28 14638 FIELDSTONE DR 14640 FIELDSTONE DR 14642 FIELDSTONE DR 14644 FIELDSTONE DR 14646 FIELDSTONE DR 14654 FIELDSTONE DR 14656 FIELDSTONE DR 908 PANAMA CT #607 14660 FIELDSTONE DR 14662 FIELDSTONE DR 14656 STONERIDGE DR 14655 FIELDSTONE DR 14640 STONERIDGE DR 14642 STONERIDGE DR 14644 STONERIDGE DR 14650 FIELDSTONE DR 13777 FRUITVALE RD SARATOGA CA 95070 SARATOGA CA 95071 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 CAMPBELL CA 95008 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 MARCO ISLAND FL 34145 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 SARATOGA CA 95070 i. ?0840 --1 r , 1 1 02I AC.3 I 7:1k n; 25 or, A ,..o, , 3L7 h... k -, '‘ , lo I -2%723- „ .s....„ If i , _ - - - - lii',.? o•-• - - 0 ...W. -- %:•.t 29 ,.,,.. 38 P44,-- • ,,o.1., , 26 '•9 " 4.,....,) , :0, -a -, A 35 1 27 39 •,\,, (C. 72 1445_ " ••,' 21 -°' • .,,"' ir. 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W.W. • 11, .20 a P7N L VI loll 20.02 I44• 131 74 ...xi 411., d M r 1.5 1.261 AC 29 7. S3 AC. • CITY OF St RATO Gt. 0 -e • If, 111.31 OC c..‘1, 0.1.• ;CIA • 5 r•str' PTN tor 5o., . . 11 1.76 AC. 0..),' ...0";' i, 494 ltte .4ta s 1 LOT27---1--7 li 2.044 Ac.1 .2 f, .1 g I HQ -. ei mei 2ir.:3AC. IL571... iv-,00eN vow te. 1 .1,...7 4.645 A 210.0,5- Se, (6.56 5 A. 41 k' 20s ti 41' h. lig I..... . 1.13. 6 APN: 503-55-005 Subject Address: 21216 BANK MILL RD Notification Map 500' Radius 217 MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL May 2, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Community Event Grant Program RECOMMENDED ACTION: Accept report and provide input on the Community Event Grant Program. BACKGROUND: At the April 18, 2012 City Council Meeting, Council discussed development of a community event grant funding process and directed staff to: - Allocate $20,000 to the Community Event Program for Fiscal Year (FY) 2012/13; and - Establish an annual application process with a provision for unplanned grant requests. Consequently, staff is returning to Council to seek direction on the details of the Community Event Program. Specifically, staff would like direction on the annual application process timeline, allocation of grants, and eligible grant expenses. Community Event Grant Timeline Staff is proposing the following timeline. This timeline allows for roughly 8 weeks between announcement of the grant program and the application deadline, which should allow enough time for staff to conduct program outreach and enable event organizers to collect information required for the application. Date Milestone May 14, 2012 Announce Community Event Grant Program: Release the application and application requirements for interested event organizers. This will include advertisement in the Saratoga News, information on the City website, and communications to known event organizers in the Saratoga community. June 21, 2012 July 18, 2012 Application Deadline: Applications for the Community Event Grant Program will be due to the City Manager's Office by 5:00 p.m. Council Decision: Staff will bring forward submitted Community Event Grant applications for Council consideration and decision. Event organizers will be asked to attend the meeting to answer Council questions. Page 1 of 2 218 Allocation of Grant Funds Staff is requesting direction on how grant funds will be disbursed to event organizers. Staff recommends that funds be allocated on a reimbursement basis, as it allows the City to review event expenses before distributing funds. The exception to this would be City -related expenses, including park rental costs, permit fees, and insurance expenses that will be paid for directly by the City. Should this allocation process be approved, event organizers will be required to submit a list of itemized expenses and invoices for these expenses to be reimbursed for event expenses. Eligible Event Expenses Additionally, staff is seeking Council decision on event expenses will be eligible for grant funding. Staff suggests that event materials, supplies, contract services, permits, and City fees be eligible for grant funding. In particular, Council may want to consider prohibiting funding for time spent by event organizers on coordination of the event. Doing so will increase transparency of event expenses paid for by the City and prevent any potential disputes over tracking of hours event organizers or other event volunteers spend on event coordination. FISCAL IMPACTS: Providing direction on Community Event Grant Program timeline, allocation of funds, and eligible expenses will not result in direct fiscal impacts to the City of Saratoga. Council has already agreed to include $20,000 in the FY 2012/13 for the Community Event Program. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will proceed with the Community Event Grant Program application process without Council input on timeline, disbursement of grant funds, and eligible event expenses. 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: None Page 2 of 2 219 litzpoik MEETING DATE: May 2, 2012 SARATOGA CITY COUNCIL DEPARTMENT: Community Development PREPARED BY: James Lindsay AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: James Lindsay SUBJECT: Destination Saratoga Update & Funding Request RECOMMENDED ACTION: Staff recommends the Council receive the update from the Chamber of Commerce's Destination Saratoga Committee and consider their funding request. REPORT SUMMARY: At the April 18th City Council meeting Mayor Page requested discussion on the Chamber's branding effort "Destination Saratoga" be scheduled for the following meeting. To aid the discussion Peggy Wynn Borgman, Chair of the Destination Saratoga Committee has provided a letter with an update of the effort and a funding request of $6,000 to $8,000. The Committee has recently retained the Placemaking Group with an initial investment of $8,000 from local businesses and are about to begin a membership campaign with the goal of enrolling at least 20 Saratoga businesses. Tourism and economic development websites, log designs, and development of key messages will be the foundation of the effort to attract more visitors and business to Saratoga. Development of the tourism and economic development websites is expected to cost up to $18,000. FISCAL IMPACT: The current balance of the City Council's Discretionary Fund is $26,268. ATTACHMENTS: 1. April 25, 2012 Destination Saratoga Update 220 SARAT.QGA DESTINATION SARATOGA UPDATE April 26, 2012 Dear Mr. Mayor and Council Members, The Destination Saratoga group would like to provide the Saratoga City Council with an update on our activities since our presentation in March. Over 15 Saratoga businesses participated in the process as well as city representatives James Lindsay and Manny Capello. During the course of our Strategic Vision Sessions in March, we determined that spurring tourism and economic development in Saratoga would require the help of marketing experts, beginning with a concentrated public relations campaign. Destination Saratoga is now an official committee of the Saratoga Chamber of Commerce. I am serving as committee chair and Doris Cooper of Cooper Garrod will serve as Vice Chair. The group will be aided in decision making by a member of the Chamber board, a representative from the City, and a Saratoga resident. We think that this will ensure a balanced and holistic approach to our marketing efforts. In April, Destination Saratoga solicited proposals from four different well-regarded public relations firms, each of whom presented their capabilities to us. The firm that we selected, The Placemaking Group, has expertise in promoting both tourism and economic development. Their work, including projects for the Napa Downtown Association and the City of Danville as well as Oakland's City Center, is highly relevant to our own situation. In addition to being the best qualified for our needs, company principal Dennis Erokan does business several of my colleagues in a private Chief Executives Round Table, and I have known him and his excellent work for over ten years. During our discussions, we determined that a public relations campaign of 12-18 months would be necessary to raise awareness of the Saratoga Experience among Bay Area tourists as well as real estate brokers and potential tenants. Foundation work includes development of dedicated websites for tourism and economic development, as well as a logo and key messages for the campaign. The Placemaking Group presented us with a proposal that included approximately $4,000 per month in public relations services and allowed for hard costs of about $1,000 per month. The services rendered will include press releases, media outreach—with an 221 emphasis on the Bay Area --media events, strategic guidance and content development for our social media campaign, search engine optimization for our websites, etc. Hard costs include items such as web design, online press releases, and the cost of media events, including transportation and accommodations for journalists. This number will vary depending on our activities. Our goal is to leverage existing opportunities, including Celebrate Saratoga, while creating new and powerful stories and messaging to bring in tourism and new businesses. An initial investment for development of the tourism and economic development websites is also expected to be between $12,000-18,000. Destination Saratoga plans to enroll 20 businesses as members during this campaign, and four businesses, Cooper Garrod, Cinnabar, the Plumed Horse and Preston Wynne, last week provided the initial $8,000 necessary to retain the firm, so work can begin. Bella Saratoga has signed on as well. Memberships have a buy -in of $1,000 per business and a cost of $300 per month, with a commitment of one year. Funds will be handled through the Chamber of Commerce. Being featured in a world class PR campaign for such a small monthly investment is a very compelling value proposition. We are seeking an investment from the City of Saratoga to enable us to move forward aggressively toward our goals, ideally $6,000-8,000. Long term ROI could be demonstrated through a variety of easily available metrics, including TOT and sales tax, which individual member businesses can supply. We look forward to partnering with the City to bring vibrant new business to Saratoga! Respectfully, Peggy Wynne Borgman Chair Destination Saratoga Committee Saratoga Chamber of Commerce 222 opoit MEETING DATE: DEPARTMENT: PREPARED BY: SARATOGA CITY COUNCIL May 2, 2012 City Manager's Office Crystal Morrow City Clerk AGENDA ITEM: CITY MANAGER: Dave Anderson DIRECTOR: Dave Anderson SUBJECT: Solid Waste Program Consolidation RECOMMENDED ACTION: Accept report and provide direction on consolidation of solid waste program costs. BACKGROUND: Collection and disposal of the City of Saratoga's solid waste, recyclable materials, green waste, and construction and demolition debris is overseen by the West Valley Solid Waste Management Authority (WVSWMA). Member agencies of WVSWMA include Saratoga, Monte Sereno, Los Gatos, and Campbell. Each member agency selects a member of its Council to serve on the Board of Director of the Authority. Saratoga's representative is Council Member Howard Miller. Council Member Howard Miller has asked that discussion on consolidating solid waste program costs be brought before the Council to solicit input before the Authority decides on whether solid waste program costs should be consolidated into the rates paid by WVSWMA customers at the May 3, 2012 WVSWMA Board of Directors meeting. During the meeting, the Board will review rates charged to WVSWMA customers. Discussion on rates will include consideration of adding the costs associated with the WVSWMA dues, household hazardous waste (HHW) service fees, and street sweeping to the ratepayers' bills. Additionally, the Board will also be asked to ratify the West Valley Collection & Recycling contractual collection rate increase of approximately 3.52%, which would become effective July 1, 2012. Saratoga's share of WVSWMA dues amounts to $34,000 in the current fiscal year. In Fiscal Year (FY) 2012/13, dues are estimated at $44,513 for the next fiscal year. Household hazardous waste fees are currently estimated at $50,000 per year for current fiscal year and for the next 3 fiscal years. However, these fees fluctuate depending on use of the County's HHW Program by Saratoga residents and revenues generated through Assembly Bill 939 fees, which are funded by a surcharge applied at the landfill. Additionally, the City pays $100,000 per year for street sweeping services. If the Authority authorizes these expenses to be added to the rates, it would save the City of Saratoga an estimated $194,513 per year. Page 1 of 3 223 J Combined with the West Valley Collection & Recycling contractual collection rate increase, the addition of WVSWMA dues, household hazardous waste fees, and street sweeping expenses to the ratepayers' bill would result in a total 5.72% increase. Below is a breakdown of all the rate increases, by percentage, to be considered by the Authority Board at the May 3, 2012 meeting. WVC&R Increase HHW WVSWMA Dues Street Sweeping Total Increase Costs 52 0.41% 1.21% 5.72% In terms of monthly costs, residents with 35 gallon garbage carts (the most popular size) can expect to see an increase of approximately $1.30 per month. Among commercial customers, the most common commercial service levels include 1.5 cubic yard dumpsters serviced once per week and 2 cubic yard dumpsters serviced once per week. Customers with 1.5 cubic yard dumpsters serviced once per week would see an increase of approximately $8.57 per month and customers with 2 cubic yard dumpsters serviced once per week would see an increase of approximately $11.42 per month. Attachment A shows the increases in monthly rates for residential service and common commercial service rates. FISCAL IMPACTS: There are no direct fiscal impacts associated with providing feedback to Council Member Miller prior to the WVSWMA Board decision to consolidate solid waste program costs into the garbage and recycling rates of WVSWMA customer bills. Should the WVSWMA Board consolidate these expenses into the rates then it will save the City of Saratoga $194,513 per year. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: The Council will not provide input on the WVSWMA Board of Director's discussion on adding WVSWMA dues, household hazardous waste fees, and street sweeping expenses to the ratepayers' bill. 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: Page 2 of 3 224 Attachment A: Estimates of Monthly Rate Increases Page 3 of 3 225 ESTIMATES OF MONTHLY RATE INCREASES 226 Current Rate WVC&R Increase HHW Costs WVSWMA Dues Street Sweeping Total Increase New Rate Residential Service 20 Gallon Cart $17.41 $0.61 $0.10 $0.07 $0.21 $1.00 $18.41 35 Gallon Cart $22.72 $0.80 $0.13 $0.09 $0.27 $1.30 $24.02 65 Gallon Cart $45.44 $1.60 $0.26 $0.19 $0.55 $2.60 $48.04 95 Gallon Cart $68.16 $54.51 $0.40 $0.28 $0.82 $3.90 $72.06 Common Commercial Service 1.5 Cubic Yard Dumpster, Served 1/week $149.75 $5.27 $0.87 $0.62 $1.81 $8.57 $158.32 2 Cubic Yard Dumpster, Served 1/week $199.67 $7.03 $1.16 $0.82 $2.42 $11.42 $211.09 226