HomeMy WebLinkAbout06-20-2012 City Council Agenda Packet
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
JUNE 20, 2012
SPECIAL MEETING – 5:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 5:00 P.M.
REPORT ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
June 14, 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.
ADJOURN TO CLOSED SESSION –5:00 P.M.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Government Code section 54956.9(a))
Name of case: Lee v. City of Saratoga (Santa Clara County Superior Court Case No. l-
12-CV -225772)
CALL JOINT MEETING TO ORDER – 5:30 P.M. SARATOGA SENIOR
CENTER – SAUNDERS ROOM – 19655 ALLENDALE AVENUE
1. Joint Meeting with the Saratoga Homeowners and Neighborhood Associations
Recommended Action:
Informational Only
ADJOURNMENT
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2
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]
Certificate of Posting of Agenda:
I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council was posted and available for public review on June
14, 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 14th day of June 2012 at Saratoga, California.
Crystal Morrow
City Clerk
Table of Contents
Agenda 3
City Council Meeting Minutes
Staff Report 9
Attachment A: June 6, 2012 Special and Regular
Meeting Minutes 11
Review of Accounts Payable Check Registers
Staff Report 23
Check Register 25
Check Register 29
Annual Approval of the City's Investment Policy
Staff Report and Policy 33
Adoption of Ordinance No. 292 Allowing Tasting Rooms as a
Permitted Use in the Village
Staff Report - Alcohol Sales 42
Att. 1 - Proposed Ordinance 43
Adoption of Ordinance No. 293 related to Impervious Surfaces
and Lot Coverage
Staff Report 48
Ordinance 49
Highway 9 Safety Improvement Project Phase II – Award of
Construction Contract
Staff report 54
1. Budget Resolution 57
2. Scope of Phase II Improvements 58
Resolution in Support of Santa Clara Valley Water District
Parcel Tax
Staff Report 65
Attachment A: Resolution in Support of Santa Clara
Valley Water District Parcel Tax 67
Attachment B: Flyer on Santa Clara Valley Water
District Parcel Tax 69
Authorization for Santa Clara County Used Oil Payment
Program Application
Staff Report 71
Attachment A: Draft Letter of Authorization 73
Attachment B: Used Oil Payment Program Guidelines 74
Community Event Grant Request – Wildwoodstock 2012
Staff Report 84
Attachment A: Community Event Grant Request 86
Conditional Use Permit Fee Reimbursement for the French
Tailor
Staff Report 91
Attachment 1 - Remaining Balance Table 93
Attachment 2 - The French Tailors written request 94
Direction on Retail Alcohol Sales
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Staff Report 96
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AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, June 20, 2012
– CIVIC THEATER/COUNCIL CHAMBERS
T 13777 FRUITVALE AVENUE
LEDGE OF ALLEGIANCE
OLL CALL
v’t. Code 54954.2, the agenda for this meeting was properly posted on
ne 14, 2012)
EPORT FROM CLOSED SESSION
REGULAR MEETING – 7:00 P.M.
A
P
R
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Go
Ju
R
OMMUNICATIONS FROM COMMISSIONS & PUBLIC
C
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (
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 sta
3)
ff
ccordingly regarding Oral Communications under Council Direction to Staff. a
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
ommunications from Boards and Commissions
C
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
ommissions.
NNOUNCEMENTS
C
A
EREMONIAL ITEMS
C
one
PECIAL PRESENTATIONS
N
S
one
N
3
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.
1. City Council Meeting Minutes
Recommended action:
Approve City Council minutes for the meeting on June 6, 2012.
2. Review of Accounts Payable Check Registers
Recommended action:
Review and accept check registers for the following accounts payable payment
cycles:
May 31, 2012
June 7, 2012
3. Annual Approval of the City's Investment Policy
Recommended action:
That the City Council review and approve the Investment Policy for Fiscal Year
2012/13.
4. Adoption of Ordinance No. 292 Allowing Tasting Rooms as a Permitted Use in the
Village
Recommended action:
Waive the second reading and adopt Ordinance No. 292 amending the zoning
regulations related to alcohol sales within the Village.
5. Adoption of Ordinance No. 293 related to Impervious Surfaces and Lot Coverage
Recommended action:
Staff recommends the Council waive the Second Reading and adopt Ordinance No.
293 amending the Zoning Regulations related to impervious surfaces and lot
coverage.
6. Highway 9 Safety Improvement Project Phase II – Award of Construction Contract
Recommended action:
1. Move to declare the lowest responsible bidder on the project and award the
construction contract
2. Move to approve resolution amending the annual budget
7. Resolution in Support of Santa Clara Valley Water District Parcel Tax
Recommended action:
Approve the attached resolution in support of the Santa Clara Valley Water District
Safe, Clean Water and Natural Flood Protection Plan Parcel Tax to be placed on the
November 2012 ballot.
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8. Authorization for Santa Clara County Used Oil Payment Program Application
Recommended action:
Authorize the City Manager to sign a letter giving the County of Santa Clara
authorization to submit a regional Used Oil Payment Program application and act on
behalf of the City of Saratoga.
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
9. Community Event Grant Request – Wildwoodstock 2012
Recommended action:
Provide direction on the community event grant request in the amount of $2,578 for
Wildwoodstock 2012.
10. Conditional Use Permit Fee Reimbursement for the French Tailor
Recommended action:
Consider the applicant’s request for a $3,400 reimbursement in fees for an
Administrative Conditional Use Permit.
11. Direction on Retail Alcohol Sales
Recommended action:
Provide direction to the Planning Commission to make a recommendation to the City
Council on allowing retail alcohol sales as a permitted use in commercial zoning
districts.
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
SASCC
Village Ad Hoc
West Valley Flood Control & Watershed Advisory Committee
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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)
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Certificate of Posting of Agenda:
I, Crystal Morrow, City Clerk for the City of Saratoga, declare that the foregoing agenda
for the meeting of the City Council for the City of Saratoga was posted on June 14, 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 14th day of June 2012 at Saratoga, California.
Crystal Morrow
City Clerk
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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
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 – Joint Meeting with Destination Saratoga Committee
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
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: City Council Meeting Minutes
RECOMMENDED ACTION:
Approve City Council minutes for the meeting on June 6, 2012.
BACKGROUND:
The draft minutes for the Special and Regular Meeting on June 6, 2012 are attached to this report
for Council review and approval.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Page 1 of 2
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Page 2 of 2
Attachment A: June 6, 2012 Special and Regular Meeting Minutes
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MINUTES
SARATOGA SPECIAL CITY COUNCIL MEETING
JUNE 6, 2012
The City Council called the Joint Meeting with the Planning Commission to order at 6:00
p.m. in the Administrative Conference Room in the City Manager’s Office at 13777
Fruitvale Avenue.
SARATOGA REGULAR CITY COUNCIL MEETING
JUNE 6, 2012
Mayor Page called the regular meeting to order at 7:05 p.m. and the Pledge of Allegiance
was led by members of Boy Scout Troops 535 and 508.
ROLL CALL
PRESENT Council Members Manny Cappello, Howard Miller, Emily Lo,
Vice Mayor Jill Hunter, Mayor Chuck Page
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Richard Taylor, City Attorney
Crystal Morrow, City Clerk
John Cherbone, Public Works Director
Mary Furey, Finance and Administrative Services Director
James Lindsay, Community Development Director
Michael Taylor, Recreation and Facilities Director
Adam Henig, Recreation Supervisor
Cynthia McCormick, Assistant Planner
Michael Fossati, Assistant Planner
Mainini Cabute, Administrative Analyst II
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 May 31, 2012.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Jan Van der Linde on Merribrook Drive raised concerns about trees that have fallen down
in the creek behind his property.
Linda Rodgers, of El Camino Hospital Los Gatos, announced the Silicon Valley Duck
Race at Vasona Lake Park on June 10, 2012.
Debra Cummings of the Saratoga Chamber of Commerce provided an update on
Celebrate Saratoga.
Oral Communications - Council Direction to Staff
City Manager Dave Anderson indicated he would ask Public Works Director John
Cherbone to follow up on the issue raised by Jan Van der Linde.
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Communications from Boards and Commissions
Planning Commission Chair Tina Walia provided a summary of the Commission’s Joint
Meeting with the City Council, including the Planning Commission’s recent
accomplishments.
The Council thanked the Planning Commission for its contributions and hard work.
Council Direction to Staff
None
ANNOUNCEMENTS
Council Member Miller reminded the public that spaces are still available in City of
Saratoga summer camps. Council Member Miller also encouraged residents to hold block
parties during the summer. The Saratoga Ministerial Association has prepared a guide for
residents interested in holding block parties.
Vice Mayor Hunter announced Sidewalk Affair on June 23, 2012 from 10:00 a.m. to 5:00
p.m. in Saratoga Village. The event will include a scavenger hunt that the Youth
Commission helped coordinate.
Council Member Cappello announced several upcoming Saratoga Area Senior
Coordinating Council (SASCC) fundraisers, including Saratoga’s Got Talent on June 22,
2012 and an Italian Dinner with entertainment by Manuel Romero and catering by
Frankie, Johnnie and Luigi’s on August 3, 2012.
Council Member Lo announced Saratoga Relay for Life on July 21, 2012 at 10:00 a.m. at
Saint Andrew’s.
Mayor Page announced that the City Council will be holding a Joint Meeting with the
City’s homeowners and neighborhood associations on June 20, 2012 at 5:30 p.m. in the
Senior Center and encouraged the City’s associations to attend. Mayor Page also shared
that the City will be co-hosting a hometown rally for two-time Olympic gold medalist
Kerri Walsh on June 19, 2012 at 10:30 a.m. in Wildwood Park and invited the
community to attend to send Kerri off to the Summer Olympics.
CEREMONIAL ITEMS
1. Commendations for Outgoing Youth Commissioners
Recommended action:
Read and present commendations.
Mayor Page read and presented commendations to outgoing Youth Commissioners
Kia Fariba and Sokena Zaidi.
2. Appointment of Youth Commissioners and Oath of Office
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Recommended action:
Adopt the attached resolution appointing 8 members to the Saratoga Youth
Commission and direct the City Clerk to administer the Oath of Office.
RESOLUTION NO. 12-033
MILLER/HUNTER MOVED TO APPROVE THE RESOLUTION
APPOINTING 8 MEMBERS TO THE SARATOGA YOUTH COMMISSION
AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF
OFFICE. MOTION PASSED 5-0-0.
City Clerk Crystal Morrow administered the Oath of Office to the 8 new members of
the Saratoga Youth Commission.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
3. City Council Meeting Minutes
Recommended action:
Approve City Council minutes for the meetings on May 16, 2012 and May 4, 2005.
CAPPELLO/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES
FOR THE MEETINGS ON MAY 16, 2012 AND MAY 4, 2005. MOTION
PASSED 5-0-0.
4. Review of Accounts Payable Check Register
Recommended action:
Review and accept check registers for the following accounts payable payment
cycles:
May 16, 2012
May 23, 2012
CAPPELLO/MILLER MOVED TO ACCEPT CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES:
MAY 16, 2012
MAY 23, 2012
MOTION PASSED 5-0-0.
5. Treasurer’s Report for the Month Ended April 30, 2012
Recommended action:
Review and accept the Treasurer’s Report for the month ended April 30, 2012.
CAPPELLO/MILLER MOVED TO TREASURER’S REPORT FOR THE
MONTH ENDED APRIL 30, 2012. MOTION PASSED 5-0-0.
6. Fiscal Year 2012/13 Gann Appropriation Limit
Recommended action:
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Review report and adopt resolution approving the Gann Appropriation Limit for FY
2012/13.
RESOLUTION NO. 12-031
CAPPELLO/MILLER MOVED TO ADOPT RESOLUTION APPROVING THE
GANN APPROPRIATION LIMIT FOR FY 2012/13. MOTION PASSED 5-0-0.
7. Adoption of the Fiscal Year 2012/13 Operating & Capital Budget and Environmental
Impact Assessment for new Capital Improvement Plan projects
Recommended action:
1. Adopt resolution approving the Proposed FY 2012/13 Operating and Capital
Budgets, directing staff to incorporate within the final adopted budget any changes
related to late-breaking changes, minor corrections, carry forward appropriations,
refined estimates, grant approvals, claim reimbursements, pass-through
appropriations, or additional direction from Council upon adoption of the budget.
2. Adopt the attached Environmental Impact Assessment for new projects included in
the FY 2012/13 Capital Improvement Plan update.
Council Member Miller removed this item from the Consent Calendar and requested
that it be discussed Item 20 - Options for General Fund Expenditures Previously
Allocated for Waste and Street Sweeping Services.
RESOLUTION NO. 12-039
MILLER/CAPPELLO MOVED TO ADOPT RESOLUTION APPROVING THE
PROPOSED FY 2012/13 OPERATING AND CAPITAL BUDGETS,
DIRECTING STAFF TO INCORPORATE WITHIN THE FINAL ADOPTED
BUDGET ANY CHANGES RELATED TO LATE-BREAKING CHANGES,
MINOR CORRECTIONS, CARRY FORWARD APPROPRIATIONS,
REFINED ESTIMATES, GRANT APPROVALS, CLAIM
REIMBURSEMENTS, PASS-THROUGH APPROPRIATIONS, OR
ADDITIONAL DIRECTION FROM COUNCIL UPON ADOPTION OF THE
BUDGET; ADOPT THE ENVIRONMENTAL IMPACT ASSESSMENT FOR
NEW PROJECTS INCLUDED IN THE FY 2012/13 CAPITAL
IMPROVEMENT PLAN UPDATE; AND INCREASE RESIDENTIAL AND
ARTERIAL STREET SWEEPING TO TWICE PER MONTH. MOTION
PASSED 5-0-0.
8. Resolution Authorizing Final Disposition of Certain City Records
Recommended action:
Adopt resolution authorizing final disposition of certain city records.
RESOLUTION NO. 12-030
CAPPELLO/MILLER MOVED TO ADOPT RESOLUTION AUTHORIZING
FINAL DISPOSITION OF CERTAIN CITY RECORDS. MOTION PASSED 5-
0-0.
9. Resolution Calling for General Municipal Election – November 6, 2012
Recommended action:
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Adopt the attached resolution calling for a consolidated, General Municipal Election
on November 6, 2012.
Council Member Miller removed this item from the Consent Calendar for discussion.
RESOLUTION NO. 12-032
MILLER/CAPPELLO MOVED TO ADOPT THE ATTACHED RESOLUTION
CALLING FOR A CONSOLIDATED, GENERAL MUNICIPAL ELECTION
ON NOVEMBER 6, 2012. MOTION PASSED 5-0-0.
Council Member Miller announced his intention to run for re-election.
Council Member Cappello shared he would also be running for re-election.
10. Motor Vehicle (MV) Resolution restricting parking on Saratoga Avenue
Recommended action:
Move to adopt a Motor Vehicle Resolution authorizing No Parking or Stopping on a
portion of Trinity Avenue.
Vice Mayor Hunter removed this item from the Consent Calendar to clarify that the
recommended action should refer to Saratoga Avenue, not Trinity Avenue.
RESOLUTION NO. MV-301
HUNTER/CAPPELLO MOVED TO ADOPT A MOTOR VEHICLE
RESOLUTION AUTHORIZING NO PARKING OR STOPPING ON A
PORTION OF SARATOGA AVENUE. MOTION PASSED 5-0-0.
11. Motor Vehicle (MV) Resolution restricting parking on Trinity Avenue
Recommended action:
Move to adopt a Motor Vehicle Resolution authorizing No Parking or Stopping on a
portion of Trinity Avenue.
RESOLUTION NO. MV-302
CAPPELLO/MILLER MOVED TO ADOPT A MOTOR VEHICLE
RESOLUTION AUTHORIZING NO PARKING OR STOPPING ON A
PORTION OF TRINITY AVENUE. MOTION PASSED 5-0-0.
12. Contract Extension for Scanning Services
Recommended action:
Approve a two-year contract extension with Peelle Technologies for scanning
services and authorize City Manager to execute the same.
CAPPELLO/MILLER MOVED TO APPROVE A TWO-YEAR CONTRACT
EXTENSION WITH PEELLE TECHNOLOGIES FOR SCANNING
SERVICES AND AUTHORIZE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED 5-0-0.
13. Contract Extension for Traffic Signal Maintenance
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Recommended action:
Approve a two-year contract extension with Republic ITS for monthly maintenance
and on call repair of traffic signals, and authorize the City Manager to execute the
same.
CAPPELLO/MILLER MOVED TO APPROVE A TWO-YEAR CONTRACT
EXTENSION WITH REPUBLIC ITS FOR MONTHLY MAINTENANCE AND
ON CALL REPAIR OF TRAFFIC SIGNALS, AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0.
14. Contract Renewal for City Surveyor Consulting Services
Recommended action:
Approve a two-year contract renewal with Giuliani and Kull, Inc. for City Surveyor
Services and authorize the City Manager to execute the same.
CAPPELLO/MILLER MOVED TO APPROVE A TWO-YEAR CONTRACT
RENEWAL WITH GIULIANI AND KULL, INC. FOR CITY SURVEYOR
SERVICES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
SAME. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
15. Zoning Ordinance Amendment Modifying the Definition of Impervious Surface,
Providing Site Coverage Credits, and Providing Exemptions for Driveways &
Emergency Vehicle Access.
Recommended action:
Conduct a public hearing. Introduce and waive the first reading of the ordinance
amending City Code Sections 15-06.370, 15-11.080, 15-12.080, 15-13.080, 15-
17.070 and 15-20.080 , and direct staff to place the ordinance on the consent calendar
for adoption at the next regular meeting of the City Council.
Community Development Department Associate Planner Cynthia McCormick
presented the staff report.
Mayor Page asked that the definition of “Impervious Surface” refer to site coverage
exemptions.
Mayor Page invited public comment on the item.
The follow people requested to speak:
Ron Hills spoke in favor of the ordinance.
Jeff Schwartz, San Marcos Road, requested that language on avoiding construction of
structures on ridgelines in the exemptions be clarified.
No one else requested to speak.
Council Member Miller requested that the language in Article 15-11-1: Agricultural
District, Article 15-12 – HR: Hillside Residential District, and Article 15-20 –
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Residential Open Space District on avoiding construction on major and minor
ridgelines be clarified.
Mayor Page requested that the word “geographically” be replaced with “geologically”
in the text of the ordinance.
MILLER/HUNTER MOVED TO PLACE THE ORDINANCE ON THE
CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR
MEETING OF THE CITY COUNCIL WITH THE FOLLOWING CHANGES
TO THE ORDINANCE:
- ADD THE LANGUAGE “POROUS MATERIALS MAY RECEIVE
CERTAIN EXCEPTIONS FROM SITE COVERAGE AS PROVIDED FOR
IN THIS CHAPTER” TO THE DEFINITION OF IMPERVIOUS
SURFACE IN ARTICLE 15-06.370 OF THE PROPOSED ORDINANCE;
- REPLACE USE OF THE WORD “GEOGRAPHICALLY” WITH
“GEOLOGICALLY” IN THE TEXT OF THE ORDINANCE; AND
- REPLACE THE WORDING “PLACING STRUCTURES IN
GEOGRAPHICALLY STABLE AREAS; AVOIDING MAJOR OR MINOR
RIDGELINES” WITH “AVOID PLACING STRUCTURES IN
GEOLOGICALLY UNSTABLE AREAS OR ON MAJOR OR MINOR
RIDGELINES” IN ARTICLE 15-11-1: AGRICULTURAL DISTRICT,
ARTICLE 15-12 – HR: HILLSIDE RESIDENTIAL DISTRICT, AND
ARTICLE 15-20 – RESIDENTIAL OPEN SPACE DISTRICT.
MOTION PASSED 5-0-0.
16. Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous
Vegetation (Brush)
Recommended action:
1. Open public hearing, listen to public testimony, and close public hearing; and
2. Adopt resolution overruling objections and ordering hazardous vegetation
abatement (brush).
City Clerk Crystal Morrow presented the staff report.
Mayor Page invited public comment.
The following person requested to speak:
Julie Linney, Santa Clara County Fire Department
No one else requested to speak.
RESOLUTION NO. 12-034
MILLER/CAPPELLO MOVED TO ADOPT RESOLUTION OVERRULING
OBJECTIONS AND ORDERING HAZARDOUS VEGETATION
ABATEMENT (BRUSH). MOTION PASSED 5-0-0.
17. Conduit Financing for Saint Andrew’s Parish
Recommended action:
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1) Conduct the public hearing under the requirements of Tax and Equity Fiscal
Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended;
and
2) Adopt the resolution approving the issuance of a loan not to exceed $11,000,000
by the California Municipal Finance Authority (CMFA) for the benefit of Saint
Andrew’s Parish (including any affiliate thereof, the “Borrower”) for the refunding of
the outstanding principal amount of the Authority’s Variable Rate Demand Revenue
Bonds (Saint Andrew’s Parish) Series 2006, for the purposes of satisfying the
requirements of TEFRA, the Code and the California Government Code Section 6500
(and following).
City Clerk Crystal Morrow introduced Mona Dmitrenko, California Municipal
Finance Authority Financial Advisor, to present the report.
Mona Dmitrenko, California Municipal Finance Authority Financial Advisor,
provided a report on the item to Council.
Mayor Page invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 12-035
MILLER/CAPPELLO MOVED TO ADOPT THE RESOLUTION APPROVING
THE ISSUANCE OF A LOAN NOT TO EXCEED $11,000,000 BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA) FOR THE
BENEFIT OF SAINT ANDREW’S PARISH (INCLUDING ANY AFFILIATE
THEREOF, THE “BORROWER”) FOR THE REFUNDING OF THE
OUTSTANDING PRINCIPAL AMOUNT OF THE AUTHORITY’S
VARIABLE RATE DEMAND REVENUE BONDS (SAINT ANDREW’S
PARISH) SERIES 2006, FOR THE PURPOSES OF SATISFYING THE
REQUIREMENTS OF TEFRA, THE CODE AND THE CALIFORNIA
GOVERNMENT CODE SECTION 6500 (AND FOLLOWING). MOTION
PASSED 5-0-0.
18. Landscaping & Lighting Assessment District LLA-1 - Public Hearing, Approval of
Engineer’s Report, and Confirmation of Assessments for FY 12-13
Recommended action:
Move to adopt the Resolution Ordering the Improvements and Confirming the
Diagram and Assessments for FY 12-13.
Public Works Director John Cherbone presented staff report.
Mayor Page invited public comment.
No one requested to speak.
RESOLUTION NO. 12-036
18
9
HUNTER/CAPPELLO MOVED TO ADOPT THE RESOLUTION ORDERING
THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND
ASSESSMENTS FOR FY 12-13. MOTION PASSED 5-0-0.
19. Zoning Ordinance Amendment Allowing Tasting Rooms as a Permitted Use in the
Commercial-Historic Zoning District.
Recommended action:
Conduct a public hearing, introduce and waive the first reading of an ordinance
amending the City Code to allow tasting rooms in the CH zoning district, and direct
staff to place the ordinance on the consent calendar for adoption at the next regular
meeting of the City Council.
Michael Fossati, Community Development Department Associate Planner, presented
the staff report.
Mayor Page invited public comment on the item.
The following people requested to speak:
Debra Cummings, Saratoga Chamber of Commerce
Paul Hernandez, Saratoga Oaks Lodge
No one else requested to speak.
CAPPELLO/HUNTER MOVED TO DIRECT STAFF TO PLACE THE
ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE
NEXT REGULAR MEETING OF THE CITY COUNCIL. MOTION PASSED 5-
0-0.
OLD BUSINESS
20. Options for General Fund Expenditures Previously Allocated for Waste and Street
Sweeping Services
Recommended action:
Accept report and provide direction to staff regarding options for General Fund
expenditures previously allocated for West Valley Solid Waste JPA dues, Household
Hazardous Waste augmentation, and Street Sweeping services.
Public Works Director John Cherbone presented the staff report.
Mayor Page invited public comment.
No one requested to speak.
COUNCIL DIRECTION:
The City Council directed staff to perform quality control testing of street sweeping
services, including experimentation with days of the week and times of day that street
sweeping services are performed to identify the optimal days and times to conduct
street sweeping. Council also directed staff to conduct similar quality control testing
for cleaning and emptying of garbage cans in the Village.
19
10
At this time, Council Member Miller requested that the Council return to Item 7 -
Adoption of the Fiscal Year 2012/13 Operating & Capital Budget and Environmental
Impact Assessment for new Capital Improvement Plan Projects and proposed
increasing street sweeping on residential and arterial streets from once per month to
two times per month.
NEW BUSINESS
21. Request from Saratoga Little League to Extend Park Hours at Congress Springs Park
for “Movie Night”
Recommended action:
Adopt resolution approving request from Saratoga Little League to extend park hours
at Congress Springs Park until 10:30 PM on June 15, 2012 in order to commemorate
the end of the season.
Public Works Director John Cherbone presented the staff report.
Mayor Page invited public comment on the item.
The following person requested to speak:
Dinesh Bettadapur
No one else requested to speak.
RESOLUTION NO. 12-037
CAPPELLO/MILLER MOVED TO ADOPT RESOLUTION APPROVING
REQUEST FROM SARATOGA LITTLE LEAGUE TO EXTEND PARK
HOURS AT CONGRESS SPRINGS PARK UNTIL 10:30 PM ON JUNE 15,
2012 IN ORDER TO COMMEMORATE THE END OF THE SEASON.
MOTION PASSED 5-0-0.
22. Parks and Recreation Movie Night, September 8, 2012
Recommended action:
Accept report and provide direction on the Park and Recreation Commission’s
recommendation that the Council pass a resolution allowing Wildwood Park to
remain open until 10:00 p.m. on September 8, 2012 for Wildwood Cinema Movie
night and authorize the Commission to seek funds from the Saratoga-Monte Sereno
Community Foundation to pay for half of the total cost of the event.
Mainini Cabute, City Manager’s Office Administrative Analyst II, presented the staff
report.
Mayor Page invited public comment on the item.
No one requested to speak.
RESOLUTION NO. 12-038
20
11
CAPPELLO/HUNTER MOVED TO APPROVE RESOLUTION ALLOWING
WILDWOOD PARK TO REMAIN OPEN UNTIL 10:00 P.M. ON
SEPTEMBER 8, 2012 FOR WILDWOOD CINEMA MOVIE NIGHT AND
AUTHORIZE THE COMMISSION TO SEEK FUNDS FROM THE
SARATOGA-MONTE SERENO COMMUNITY FOUNDATION TO PAY FOR
HALF OF THE TOTAL COST OF THE EVENT. MOTION PASSED 5-0-0.
23. Silicon Valley Climate Action and Energy Efficiency Planning
Recommended action:
Accept report and direct staff to participate with the County of Santa Clara and five
other Santa Clara County cities in the Silicon Valley Climate Action and Energy
Efficiency Planning.
Mainini Cabute, Administrative Analyst II, presented the report and introduced
Demetra J. McBride with the Santa Clara County Office of the Executive.
Demetra J. McBride, Director of the Office of Sustainability, provided information
about the Silicon Valley Climate Action and Energy Efficiency Planning efforts.
Mayor Page invited public comment on the item.
No one requested to speak.
MILLER/CAPPELLO MOVED TO DIRECT STAFF TO PARTICIPATE WITH
THE COUNTY OF SANTA CLARA AND FIVE OTHER SANTA CLARA
COUNTY CITIES IN THE SILICON VALLEY CLIMATE ACTION AND
ENERGY EFFICIENCY PLANNING. MOTION PASSED 5-0-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
West Valley Mayors and Managers Association – the West Valley Mayors and Managers
Association met May 23, 2012.
West Valley Sanitation District – Recruitment for the new District Manager is ongoing;
District Board has interviewed several candidates and has planned a second round of
interviews.
Vice Mayor Jill Hunter
Library Joint Powers Authority – Vice Mayor Hunter shared she would be attending the
Library JPA Meeting on June 7, 2012 on behalf of Council Member Lo.
Council Member Emily Lo
Sister City Liaison – the delegation from Muko-shi, Japan will be visiting Saratoga from
November 8 – 10, 2012. There is one student from Muko, Japan participating in the
exchange program. A potluck will take place the evening of August 10, 2012.
Council Member Howard Miller
Saratoga Ministerial Association – during the last Ministerial Association meeting, the
group discussed encouraging residents to hold block parties to meet their neighbors.
21
12
Valley Transportation Authority PAC – Council Member Miller will be unable to attend
the Valley Transportation Authority PAC the week of June 11, 2012 and has arranged for
his alternate to attend.
Council Member Manny Cappello
SASCC – Council Member Cappello attended the last SASCC meeting on behalf of Vice
Mayor Hunter. The Board discussed the budget and upcoming fundraising events.
CITY COUNCIL ITEMS
Council Member Miller shared an update on the Regional House Needs Allocation for
the City of Saratoga and encouraged the Mayor to submit a letter to the Association of
Bay Area Governments (ABAG) opposing the methodology used.
Mayor Page indicated that a letter has been prepared and will be sent to ABAG.
Council Member Miller requested that retail sale of wine and beer as a permitted use be
added to the next City Council Meeting for Council discussion and direction to the
Planning Commission.
CITY MANAGER’S REPORT
None
ADJOURNMENT
MILLER/HUNTER MOVED TO ADJOURN THE MEETING AT 10:33 P.M.
MOTION PASSED 5-0-0.
Minutes respectfully submitted:
Crystal Morrow, City Clerk
22
Dave Anderson
Mary Furey Mary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending Check
No.
5/31/12 120243 120273 31 399,157.39 05/31/12 5/23/12 120242
6/7/12 120274 120325 52 177,551.51 06/07/12 5/31/12 120273
Date Check No. Issued to Dept.Amount
5/16/12 120172 PS 338,358.83
5/16/12 120199 PW 64,194.04
AP Date Check No.Amount
4/3/12 119885 Void - reissue 22.38
3/3/11 117281 Void 409.40
3/25/11 117423 Void - reissue 40.00
07/18/11 118227 Void - reissue 654.00
08/11/11 118448 Void - reissue 1,177.65
DEPT. DIRECTOR:
Prior Check Register
Accounts Payable
Accounts Payable
Checks
Released
May 31, 2012
June 7, 2012
Total
Checks AmountType of Checks Date
Starting
Check No.
Ending
Check No.
SARATOGA CITY COUNCIL
MEETING DATE:June 20, 2012 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:
SCC Sheriff General Law Enforcement
Accounts Payable checks issued for $20,000 or greater:
Fund Purpose
Graham Contractors Gas Tax
Accounts Payable checks voided during this time period:
Most Dependable Fountains
League of Cities
Monica LaBossierre
Issued to Status
Steve Kellond
Fun Fun Fundamentals
Pavement Program
23
Fund #05/31/12 06/07/12 Total
111 General Fund 374,718.90 50,811.08 425,529.98
211 CDBG Administration -
212 Saratoga Housing & Rehab. Pgm.1,111.08 1,111.08
231 Village Lighting -
232 Azule Lighting -
233 Sarahills Lighting -
241 Arroyo de Saratoga Landscape -
244 Cunningham/Glasgow Landscape 61.02 61.02
245 Fredericksburg Landscape -
246 Greenbriar Landscape -
247 Kerwin Ranch Landscape 360.06 360.06
248 Leutar Court Landscape -
249 Manor Drive Landscape 61.02 61.02
251 McCartysville Landscape 297.50 297.50
252 Prides Crossing Landscape -
253 Saratoga Legends Landscape 331.44 331.44
254 Sunland Park Landscape 202.96 1,232.50 1,435.46
255 Tricia Woods Landscape -
271 Beauchamps Landscape 391.49 391.49
272 Bellgrove Landscape -
273 Gateway Landscape -
274 Horseshoe Landscape/Lighting 169.85 169.85
275 Quito Lighting -
276 Tollgate LLD 30.51 30.51
277 Village Commercial Landscape 792.24 792.24
311 Library GO Bond Debt Service -
411 CIP Street Projects 1,848.53 16,714.43 18,562.96
412 CIP Park & Trail Projects (705.50) (705.50)
413 CIP Facility Projects 11,184.30 2,195.11 13,379.41
414 CIP Admin Projects -
421 Tree Fund -
431 Grant Fund - CIP Streets 1,244.60 1,244.60
432 Grant Fund - Parks & Trails -
481 Gas Tax Fund 4,500.00 64,194.04 68,694.04
611 Liability/Risk Mgt 1,050.00 1,050.00
612 Workers' Comp 149.63 149.63
621 Office Support 411.89 411.89
622 IT Services 60.02 17,738.98 17,799.00
623 Vehicle & Equipment Maint 848.46 4,513.87 5,362.33
624 Building Maintenance 2,485.51 640.65 3,126.16
632 17,062.73 17,062.73
399,157.39 177,551.51 - - - 576,708.90
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
IT Equipment Replacement
Cash reductions by fund:
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.
TOTAL
Fund Description
24
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32
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Mary Furey DIRECTOR: Mary Furey
SUBJECT: Annual Approval of the City’s Investment Policy
RECOMMENDED ACTION
That the City Council review and approve the Investment Policy for Fiscal Year 2012/13.
REPORT SUMMARY
California Government Code Section 53600 et seq., City of Saratoga Municipal Code Section 2-20.035,
and Section 16.0 of the City of Saratoga Investment Policy require the City Council to annually review
and approve the City’s Investment Policy.
The Investment Policy lays the foundation for the City’s investment management functions. It serves as a
guide for setting and achieving investment objectives, defines rules and established benchmarks,
prohibits and/or restricts investment instruments, and reduces the exposure to liability by both staff and
City Council. Compliance with the investment policy is an element of fiscal discipline considered by the
City’s auditors and rating agencies during their respective reviews.
The City’s investment policy establishes a wide array of authorized and suitable investments in alignment
with State government code; however the City’s ongoing practice is to restrict investments to the Local
Agency Investment Fund (LAIF). LAIF began in 1977 as an investment alternative for California's local
governments and special districts to offer governmental agencies the opportunity to participate in a major
portfolio which invests hundreds of millions of dollars annually, using the investment expertise of the
State’s Treasurer’s Office investment staff at no cost to participating agencies. As LAIF is governed by
conservative investment practices, earnings may provide slightly lower returns than actively managed
bond investment portfolios during a healthy economy, however LAIF is a safe and proven investment
strategy which has historically protected the City against investment losses during economic downturns,
and continues to provide quarterly interest earnings in a well diversified and expertly managed portfolio.
Under protection by state and federal laws, funds placed on deposit in LAIF are not subject to use by,
borrowing of, or impoundment or seizure by any state official or state agency. The Treasurer’s Office
also maintains Investment Protection Standards that set principles for the investment banks and broker-
dealers to protect investors.
Last year, at the August 17, 2011 Council Meeting, the City Council approved the Investment Policy in
its current version. There are no changes recommended to that investment policy this fiscal year. The
policy is modeled on the policy approved by the Association of Public Treasurers of the United States
and Canada (APT US&C) in August 2002.
33
FISCAL IMPACTS
None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with State and Local regulations.
ALTERNATIVE ACTION
Direct Staff to make changes to the Investment Policy and return at the next meeting.
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
A: Investment Policy
34
Attachment A
City of Saratoga
INVESTMENT POLICY FOR THE FISCAL YEAR 2012/13
1.0 Policy:
It is the policy of the City of Saratoga to invest public funds in a manner which will provide the
maximum security with the highest investment return, while meeting the daily cash flow demands
of the City and conforming to all state and local statutes governing the investment of public funds.
2.0 Scope:
This investment policy applies to all financial assets of the City of Saratoga. These funds are
accounted for in the City of Saratoga's Comprehensive Annual Financial Report and include:
2.1 Funds:
2.1.1 General Fund
2.1.2 Special Revenue Funds
2.1.3 Capital Project Funds
2.1.4 Debt Service Funds
2.1.5 Trust and Agency Funds
2.1.6 Any new fund, unless specifically exempted
2.2 Exceptions: The following financial assets are excluded:
2.2.1 Deferred Compensation Plans-Investments are directed by the individual plan
participants.
2.2.2 Debt Service Funds Held by Trustees-Investments is placed in accordance with
bond indenture provisions.
2.2.3 Notes and Loans-Investments are authorized by separate agreements approved by
City Council.
3.0 Prudence:
Investments shall be made with judgment and care--under circumstances then prevailing--which
persons of prudence, discretion and intelligence exercise in the management of their own affairs,
not for speculation, but for investments, considering the probable safety of their capital as well as
the probable income to be derived.
3.1 The standard of prudence to be used by investment officials shall be the "prudent person"
standard and shall be applied in the context of managing an overall portfolio. Investment
officers acting in accordance with written procedures and this investment policy and
exercising due diligence shall be relieved of personal responsibility for an individual security's
credit risk or market price changes, provided deviations from expectations are reported in a
timely fashion and appropriate action is taken to control adverse developments.
35
4.0 Objectives:
The primary objectives, in priority order, of the City of Saratoga's investment activities shall be:
4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments
of the City of Saratoga shall be undertaken in a manner that seeks to ensure the preservation of
capital in the overall portfolio. The objectives will be to mitigate credit risk and market risk.
a. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be
mitigated by investing only in investment grade securities and by diversifying the
investment portfolio so that potential losses on individual securities will have a minimal
impact on the portfolio.
b. Market risk, defined as market value fluctuations due to overall changes in the general
level of interest rates, shall be mitigated by limiting the average maturity of the City’s
investment portfolio to two years and the maximum maturity of any one security to five
years, and by structuring the portfolio based on cash flow analysis so as to avoid the
need to sell securities prior to maturity.
4.2 Liquidity: The City of Saratoga's investment portfolio will remain sufficiently liquid to
enable the City of Saratoga to meet all operating requirements, which might be reasonably
anticipated.
4.3 Return on Investments: The City of Saratoga's investment portfolio shall be designed with
the objective of attaining a rate of return throughout budgetary and economic cycles,
commensurate with the City of Saratoga's investment risk constraints and the cash flow
characteristics of the portfolio.
5.0 Delegation of Authority:
Authority to manage the City of Saratoga's investment program is derived from the following:
California Government Code Section 53600 et seq. and Saratoga Municipal Code Section 2-20.035.
Management responsibility for the investment program is hereby delegated to the City Manager
who shall be responsible for supervising all treasury activities of the Administrative Services
Director and who shall establish written procedures for the operation of the investment program
consistent with this investment policy. Procedures should include reference to: safekeeping,
delivery vs. payment, investment accounting, wire transfer agreements, banking service contracts
and collateral/depository agreements. Such procedures shall include explicit delegations of
authority to persons responsible for investment transactions. No person may engage in investment
transactions except as provided under the terms of this policy and the procedures established by the
City Manager. The City Manager shall be responsible for all transactions undertaken and shall
establish a system of controls to regulate the activities of subordinate officials.
6.0 Ethics and Conflicts of Interest:
Officers and employees involved in the investment process shall refrain from personal business
activity that could conflict with proper execution of the investment program, or which could impair
their ability to make impartial investment decisions. These officers and employees involved in the
investment process shall disclose to the City Manager any material financial interests in financial
institutions that conduct business with the City. Employees and investment officials shall refrain
from undertaking personal investment transactions with individuals with who business is conducted
on behalf of the City of Saratoga.
36
7.0 Authorized Financial Dealers and Institutions:
The City Manager will maintain a list of financial institutions authorized to provide investment
services to the City. In addition, a list will also be maintained of approved security broker/dealers
selected by credit worthiness and who are authorized to provide investment services in the State of
California. These may include "primary" dealers or regional dealers that qualify under Securities &
Exchange Commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made
except in a qualified public depository as established by state laws.
All financial institutions and broker/dealers who desire to become qualified bidders for investment
transactions must supply the City Manager with the following: personal interview, firm description
and audited financial statements, proof of National Association of Securities Dealers (NASD)
certification, proof of State of California registration, completed broker/dealer questionnaire and
certification of having read the City of Saratoga's investment policy and applicable depository
contracts.
An annual review of the financial condition and registrations of qualified bidders will be conducted
by the City Manager.
A current audited financial statement is required to be on file for each financial institution and
broker/dealer with which the City of Saratoga invests prior to any transaction.
8.0 Authorized and Suitable Investments:
The City of Saratoga is empowered by Government Code Section 53601, and further limited by this
investment policy, to invest in the following types of securities:
Type Guarantee Limits
Term to
Maturity
LAIF State Fund $40,000,000 On Demand
U.S. Treasury Bills U.S. Treasury No Limit 1 Year
U.S. Treasury Notes U.S. Treasury No Limit 5 Years
U.S. Govt. Agency Issues (e.g. FNMA,
GNMA)
Federal
Agencies
No Limit 5 Years
Certificates of Deposit (California Bank
or Savings & Loan Companies)
FDIC/FSLIC
and Collateral
20% portfolio per institution;
30% total portfolio
3 Years
Negotiable Certificates of Deposit Issuing
Institution
20% portfolio per institution;
30% total portfolio
5 Years
Investment Grade Obligations of
California, or Local Governments, or
Public Agencies
Public Entity 20% portfolio per institution;
30% total portfolio
5 Years
Money Market Mutual Funds Fund 10% portfolio per institution;
20% total portfolio
On Demand
Passbook Savings Account and Demand
Deposit
Issuing Bank Minimum necessary for
current cash flow
On Demand
37
The City shall not engage in leveraged investing, such as margin accounts, or any form of
borrowing for the purpose of investing.
The City shall not invest in instruments whose principal and interest could be at risk contrary to
Section 4.1 of this policy. Examples of these instruments are options and future contracts.
The City shall not invest in "derivatives".
See Glossary for description of above securities.
9.0 Collateralization:
Collateralization will be required on certificates of deposit and other deposit-type securities. In
order to anticipate market changes and provide a level of security for all funds, the collateralization
level will be 110% of market value of principal and accrued interest, in accordance with California
Government Code Section 53651 and 53652.
The City of Saratoga chooses to limit collateral to those listed in Section 8.0.
Collateral will always be held by an independent third party with whom the entity has a current
custodial agreement. A clearly marked evidence of ownership (safekeeping receipt) must be
supplied to the City of Saratoga and retained.
The right of collateral substitution may be granted.
10.0 Safekeeping and Custody:
All security transactions entered into by the City of Saratoga shall be conducted on a delivery-
versus-payment (DVP) basis. Securities will be held by a third party custodian, in the City of
Saratoga's name and control, designated by the City Manager and evidenced by safekeeping
receipts.
11.0 Diversification:
The City of Saratoga will diversify its investments by security type and institution. Limits are
provided for in Section 8.0. With the exception of U.S. Treasury securities and authorized pools,
no more than 30% of the City of Saratoga's total investment portfolio will be invested in a single
security type or 20% with a single financial institution.
12.0 Maximum Maturities:
To the extent possible, the City of Saratoga will attempt to match its investments with anticipated
cash flow requirements. Unless matched to a specific cash flow, the City of Saratoga will not
directly invest in securities maturing more than five (5) years from the date of purchase. However,
the City of Saratoga may collateralize its certificates of deposits using longer-dated investments not
to exceed ten (10) years to maturity.
Debt reserve funds may be invested in securities exceeding five (5) years if the maturities of such
investments coincide as nearly as practicable with the expected use of the funds.
38
The City of Saratoga will retain a general operating reserve adopted annually by the City Council.
The amount of active deposits and inactive investments with maturity of one year or less shall
always be equal to or greater than the required general operating reserve. The report discussed in
Section 15.0 shall demonstrate this policy is in effect.
13.0 Internal Control:
The City of Saratoga is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal
control structure shall be designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the
benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and
judgments by the City Manager and staff.
Accordingly, the City shall establish an annual process of independent review by an external
auditor. This review will provide internal control by assuring compliance with policies and
procedures. The internal controls shall address the following points:
Control of collusion.
Separation of transaction authority from accounting and recordkeeping.
Custodial safekeeping.
Avoidance of physical delivery of securities.
Clear delegation of authority to subordinate staff members.
Written confirmation of transactions for investments and wire transfers.
Development of a wire transfer agreement with the lead bank and third-party custodian.
14.0 Performance Standards:
The investment portfolio shall be designed with the objective of obtaining a reasonable rate of
return throughout budgetary and economic cycles, commensurate with the investment risk
constraints and cash flow needs.
14.1 Market Yield (Benchmark):
The City’s investment strategy is passive. Given this strategy, the benchmark used by the City of
Saratoga to determine whether market yields are being achieved shall be the one year U.S. Treasury
Bill.
15.0 Reporting:
The City Manager is charged with the responsibility of including a market report on investment
activity and returns in the City of Saratoga's Cash and Investment Report. The report will be in
compliance with California Government Code Section 53646.
16.0 Investment Policy Adoption:
The City of Saratoga's investment policy shall be reviewed and adopted by the City Council
annually.
39
GLOSSARY
Broker
Someone who brings buyers and sellers together and is compensated for his/her service.
Comprehensive Annual Financial Report (CAFR)
The City’s annual financial statements and footnotes, along with an executive summary, financial outlook,
statistical information, and other financial information.
Certificates of Deposit
Commonly called time deposit certificates or time deposit open accounts. These are nonnegotiable.
Collateralization
Process by which a borrower pledges securities, property or other deposits for the purpose of securing the
repayment of a loan and/or security. Also refers to securities pledged by a bank to secure deposits of public
monies.
Custodian
A bank or other financial institution that keeps custody of stock certificates and other assets.
Dealer
Someone who acts as a principal in all transactions, including buying and selling from his/her own account.
Delivery vs. Payment
The preferred method of delivering securities, with an exchange of money for the securities.
Demand Deposits
A deposit of monies which are payable by the bank upon demand of the depositor.
Derivative
Securities that are based on, or derived from, some underlying asset, reference date, or index.
FDIC
Federal Depository Insurance Corporation
FSLIC
Federal Savings and Loans Insurance Corporation
Liquidity
An asset that can easily and rapidly be converted into cash without significant loss of value.
Local Agency Investment Fund (LAIF)
The LAIF was established by the State of California to enable treasurers to place funds in a pool for
investments. There is a limitation of $30 million per agency subject to a maximum of ten (10) total
transactions per month. The City uses this fund when market interest rates are declining as well as for short-
term investments and liquidity.
Money market mutual funds
Mutual funds that invest in short term securities and strive to maintain a share price of $1.
40
Negotiable certificates of deposit
A bank deposit issued in negotiable form (i.e., one that can be bought or sold in the open market).
Passive Investment Strategy
An approach to managing the investment portfolio, which entails a “buy and hold” strategy in which
investments are generally held until they mature.
Portfolio
Combined holding of more than one stock, bond, commodity, cash equivalent or other asset. The purpose of
a portfolio is to reduce risk through diversification.
Primary Dealer
A group of government securities dealers that submit daily reports of market activity and security positions
held to the Federal Reserve Bank of New York and are subject to its oversight.
Regional Dealer
A dealer who is not a primary dealer, and therefore not monitored by the Federal Reserve, but is registered
with the Securities and Exchange Commission.
Safekeeping
Offers storage and protection of assets provided by an institution serving as an agent
U.S. Treasury Bills
Commonly referred to as T-Bills these are short-term marketable securities sold as obligations of the U.S.
Government. They are offered in three-month, six-month and one-year maturities. T-Bills do not accrue
interest but are sold at a discount to pay face value at maturity.
U.S. Treasury Notes
These are marketable, interest-bearing securities sold as obligations of the U.S. Government with original
maturities of one to ten years. Interest is paid semi-annually.
U.S. Government Agency Issues
Include securities, which fall into this category. Issues, which are unconditionally, backed by the full faith
and credit of the United States, e.g. Small Business Administration Loans.
41
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Michael Fossati DIRECTOR: James Lindsay
SUBJECT: Zoning Ordinance Amendment Allowing Tasting Rooms as a Permitted Use
in the Village
RECOMMENDED ACTION:
Waive the second reading and adopt the ordinance amending the zoning regulations related to
alcohol sales within the Village.
REPORT SUMMARY:
On June 6, 2012, the City Council conducted a public hearing and introduced an ordinance that
would add Section 15-06.695 and amend Section 15-19.020 (b)(3) and 15-19.050(a) of the City
Code. The addition and amendments are as follows:
• Add the following definition for a tasting room into Article 15-06 of the City Code. -
“Tasting Room” means a commercial establishment that does not contain a kitchen and is
devoted to the sampling and sales of wine or beer produced on or off the premises.
• Include tasting rooms, not exceeding four thousand square feet in area, which provide
direct customer service on-site between the hours of 8:00 A.M. and 11:00 P.M to the list
of permitted uses in the CH zoning district.
The Council directed staff to place the matter on the consent calendar at their following public
hearing. Ordinance 292 is attached.
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 292
42
ORDINANCE NO.
An Ordinance of the City of Saratoga Amending
Saratoga City Code Articles 15-06 and 15-19 Concerning Tasting Rooms
ZOA12-0005
Findings
1. The City of Saratoga wishes to amend certain articles and sections of the City Code in
order to promote the attraction of wineries or wine-related businesses to the City of
Saratoga’s commercial historic districts.
2. Following a study session and public hearing, the Planning Commission of the City of
Saratoga considered proposed amendments to the City Code at a duly noticed public
hearing on May 9, 2012 and thereafter recommended adoption of this ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on June 6,
2012 and after considering all testimony and written materials provided in connection
with that hearing introduced this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Articles 15-06 and 15-19 of the Saratoga City Code are hereby amended as set forth in Exhibit
“A”. Text to be added is indicated in bold double underlined font (i.e. example) and text to be
deleted is indicated in strikeout font (i.e. example). Text in standard font is adopted without
change. Sections within an Article that are not included in Exhibit “A” are unchanged from the
existing City Code.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause and 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.
Attachment 1
43
Section 3. California Environmental Quality Act
The proposed ordinance, amendments and additions to the City Code are Categorically Exempt
from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code
Sections 15061(b)(3) and 15308. CEQA applies only to projects which have the potential of
causing a significant effect on the environment. 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. In this circumstance the amendments and additions would have
minimal impact on the environment.
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 (15) days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 6th day of June 2012, and was adopted by the following vote
following a second reading on the 20th day of June 2012:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Chuck Page, Crystal Morrow,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY
44
Exhibit A to Ordinance No. ____
An Ordinance of the City of Saratoga Amending
Saratoga Municipal Code Articles 15-06 and 15-19
ZOA12-0005
Proposed amendments are shown below. Text to be added is bold double underlined (example)
and text to be deleted is shown in strikeout (example). Text in standard font is adopted without
change.
ARTICLE 15-06 DEFINITIONS
15-06.695 – Tasting Room
“Tasting Room” means a commercial establishment that does not contain a kitchen and is
devoted to the sampling and sales of wine or beer produced on or off the premises.
ARTICLE 15-19 C: COMMERCIAL DISTRICTS
15-19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
(a) Permitted uses. The following permitted uses shall be allowed in any commercial district,
unless a use involves the operation of a business providing direct customer service (including,
but not limited to, conducting a delivery service) on-site between the hours of 1:00 A.M. and
6:00 A.M., in which event such use may be allowed upon the granting of a use permit pursuant
to Article 15-55 of this Chapter:
(1) Retail establishments, except restaurants, markets, delicatessens, and any
establishment engaged in the sale of alcoholic beverages.
(2) Home occupations, conducted in accordance with the regulations prescribed in
Article 15-40 of this Chapter.
(3) Parking lots which comply with the standards for off-street parking facilities as set
forth in Section 15-35.020 of this Chapter.
(4) Accessory structures and uses located on the same site as a permitted use.
(5) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
45
(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit pursuant to Article 15-55 of this Chapter:
(1) Restaurants.
(2) Markets and delicatessens.
(3) Any establishment engaged in the sale of alcoholic beverages, with the exception of
tasting rooms, as provided for in Section 15-19.050(a)(3) of this Code.
(4) Hotels and motels.
(5) Bed and breakfast establishments.
(6) Institutional facilities.
(7) Community facilities.
(8) Game arcades.
(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los
Gatos Road or Saratoga Avenue and accessible directly from such arterial road; provided,
that all operations except the sale of gasoline and oil shall be conducted within an
enclosed structure.
(10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal
establishments shall be subject to the regulations and license provisions set forth in
Section 7-20.210 of this Code.
(11) Public buildings and grounds.
(12) Public utility and public service pumping stations, power stations, drainage ways
and structures, storage tanks, transmission lines and cable television facilities.
(13) Accessory structures and uses located on the same site as a conditional use.
15-19.050 - C-H district regulations.
(a) Permitted uses. In addition to the permitted uses listed in Section 15-19.020(a) of this
Article, the following permitted uses shall also be allowed in the CH-1 and CH-2 districts: (1)
professional, administrative and medical offices and financial institutions, when located either
above the street level or at the street level if separated from the street frontage by a retail
establishment; and (2) personal service businesses that are above street level, and personal
service businesses that are at street level but do not have primary access from Big Basin Way or
across the front lot line; and (3) tasting rooms, not exceeding four thousand square feet in
46
area, which provide direct customer service on-site between the hours of 8:00 A.M. and
11:00 P.M.
(b) Conditional uses. In addition to the conditional uses listed in Section 15-19.020(b) of this
Article, the following conditional uses may also be allowed in the CH-1 and CH-2 districts, upon
the granting of a use permit pursuant to Article 15-55 of this Chapter:
(1) Professional, administrative and medical offices and financial institutions, when
located at street level and having street frontage.
(2) Theaters.
(3) Religious and charitable institutions.
(4) Mixed-use development conforming to the design standards found in Article 15-58
(5) Personal service businesses at the street level that have primary access from Big Basin
Way or across the front lot line.
47
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick DIRECTOR: James Lindsay
SUBJECT: Amendments to City Code Sections 15-06.370, 15-11.080, 15-12.080, 15-13.080,
15-17.070 and 15-20.080
RECOMMENDED ACTION:
Staff recommends the Council waive the Second Reading and adopt Ordinance No. 293
amending the Zoning Regulations related to impervious surfaces and lot coverage.
REPORT SUMMARY:
On June 6, 2012, the City Council conducted a public hearing and introduced the proposed
ordinance. The City Council directed staff to make the following changes:
1. Add “Porous materials may receive certain exceptions from site coverage as provided for in
this chapter” to the definition of impervious surface.
2. Revise the exemption wording in Sections 15-11.080, 15-12.080, 15-13.080 as follows:
“.…in order to meet one or more of the following design objectives: avoid placing structures
in geologically unstable areas or on major or minor ridgelines….”
The Council directed staff to place the matter on the consent calendar at the next Council
meeting. The proposed ordinance is attached.
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 No. 293
48
1
ORDINANCE NO.
AN ORDINANCE AMENDING THE SARATOGA CITY CODE
ARTICLES 15-06, 15-11, 15-12, 15-13, 15-17 AND 15-20
CONCERNING IMPERVIOUS SURFACES
ZOA 12-0002
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 City of Saratoga wishes to amend the City Code to correlate the impervious surface
definition in the zoning code with the City’s Water Efficiency Landscape Ordinance (Article 15-
47 of the Saratoga City Code) and to provide consistency among site coverage exemptions for
driveways and related emergency vehicle turnarounds within the Hillside Residential (HR),
Residential Open Space (R-OS), and Agricultural (A) zoning districts.
b. The amendments affect provisions of the City’s zoning regulations in Chapter 15 of the
Code. These amendments were considered by the Planning Commission of the City of
Saratoga and the Commission, after a duly noticed public hearing on March 28 2012 and as
continued on May 9 2012, recommended adoption of the updates to Chapter 15.
c. The City Council of the City of Saratoga held a duly noticed public hearing on June 6, 2012,
and after considering all testimony and written materials provided in connection with that
hearing introduced this ordinance.
Section 2. Adoption.
The Saratoga City Code is hereby amended by adding the text shown in bold double
underline (example) and deleting the text shown in strikeout (example) in the sections listed below.
Text in standard font is adopted without change. Sections within an Article that are not included
below are unchanged from the existing City Code.
A. Article 15-06 - Definitions
15-06.370 - Impervious surface. "Impervious surface" means any structure or constructed surface
that prevents the passage of water into the underlying soil or otherwise significantly
increases runoff and disrupts the natural aesthetic of the landscape. Common impervious
surfaces include but are not limited to concrete, asphalt, roofs, and brick or other stone
materials set in sand or concrete. Porous materials may receive certain exceptions from site
coverage as provided for in this chapter. including, but not limited to, solid surface decks and
49
patios, accessory structures, swimming pools, recreational courts, paved driveways and parking
areas, and surfaces composed of gravel, decomposed granite, clay, and bricks with sand or
concrete.
B. Article 15-11 – A: Agricultural District
15-11.080 - Site coverage. The maximum site coverage on any lot in an A district shall be as
follows: ¶(a)The maximum site coverage shall not exceed twenty-five percent or fifteen
thousand square feet, whichever is less. ¶(b) In determining the amount of impervious surface,
tThe area of a single driveway providing vehicular access from the street to the required
enclosed parking spaces on the site, and any related emergency vehicle turnaround areas
determined to be necessary for safety purposes, shall may be excluded exempted, in whole or in
part, from the calculation of site coverage, to the extent necessary, in order to meet one or
more of the following design objectives: avoid placing structures in geologically unstable
areas or on major or minor ridgelines; preserving trees; reducing any visual impacts;
meeting public safety or emergency vehicle access requirements; or reducing overall
project grading or changes in slope, as determined and approved by the Planning
Commission, subject to the findings described in Section 15-45.080.
C. Article 15-12 - R-1: Single-Family Residential Districts
15‐12.080 ‐ Site coverage. The maximum site coverage, as defined in Section 15‐06.620(f), in
each R‐1 district shall be as set forth in the following table. Solid surface decks and compacted
surfaces made of porous materials used for walkways, driveways and patios will be counted
at only 50% of the total area of such surfaces for determining the calculation of site
coverage within this Section.
District Coverage
(percent)
R-1-10,000 60
R-1-12,500 55
R-1-15,000 50
R-1-20,000 45
R-1-40,000 35
D. Article 15-12 – HR: Hillside Residential District
2
15-13.080 - Site coverage. The maximum site coverage on any lot in the HR district shall be not
exceed twenty-five percent, or fifteen thousand square feet, whichever is less. Solid surface
decks and compacted surfaces made of porous materials used for walkways, driveways and
50
3
patios will be counted at only 50% of the total area of such surfaces for determining the
calculation of site coverage within this Section. The area of a single driveway providing
vehicular access from the street to the required enclosed parking spaces on the site, and
any related emergency vehicle turnaround areas may be excluded exempted, in whole or in
part, from the calculation of site coverage, to the extent necessary, in order to meet one or
more of the following design objectives: avoid placing structures in geologically unstable
areas or major or on minor ridgelines; preserving trees; reducing any visual impacts;
meeting public safety or emergency vehicle access requirements; or reducing overall
project grading or changes in slope, as determined and approved by the Planning
Commission, subject to the findings described in Section 15-45.080.
E. Article 15-17 – R-M: Multi-Family Residential Districts
15‐17.070 ‐ Site coverage. The maximum net site area covered by structures in each R‐M district
shall be forty percent. Solid surface decks and compacted surfaces made of porous materials
used for walkways, driveways and patios will be counted at only 50% of the total area of
such surfaces for determining the calculation of site coverage within this Section.
F. Article 15-20 – Residential Open Space District
15-20.080 - Site coverage. The maximum site impervious coverage on any lot in the R-OS
district shall not exceed either twenty-five percent or twelve thousand square feet, whichever is
less. Solid surface decks and compacted surfaces made of porous materials used for
walkways, driveways and patios will be counted at only 50% of the total area of such
surfaces for determining the calculation of site coverage within this Section. The area of a
single Ddriveways providing vehicular access from the street to the required enclosed
parking spaces on the site, and any related emergency vehicle turnaround areas may be
excluded exempted, in whole or in part, from the calculation of site coverage, to the extent
necessary, in order to meet one or more of the following design objectives: avoid placing
structures in geologically unstable areas or on major or minor ridgelines; preserving trees;
reducing any visual impacts; meeting public safety or emergency vehicle access
requirements; or reducing overall project grading or changes in slope, as determined and
approved by the Planning Commission, subject to the findings described in Section 15-45.080
15-20.50(i), except for when a conditional use permit is granted by the Planning Commission for
clustering development.
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
51
4
ordinance should remain in effect after the invalid portion has been eliminated.
Section 4. California Environmental Quality Act
Pursuant to the California Environmental Quality Act, the amendments are 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. In this circumstance the amendments and additions would have minimal impact on the
environment.
Section 5. 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 Remainder of This Page is Intentionally Blank]
52
5
The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 6th day of June, 2012, and was adopted by the following vote
following a second reading on the 20th of June, 2012:
AYES: __________________________________________
NOES: __________________________________________
ABSENT: ________________________________________
__________________________________________
Chuck Page
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
___________________________
Crystal Morrow
CITY CLERK
APPROVED AS TO FORM:
___________________________
Richard Taylor
CITY ATTORNEY
53
SARATOGA CITY COUNCIL
MEETING DATE: June 19, 2012 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer
SUBJECT: Highway 9 Safety Improvement Project Phase II – Award of Construction Contract.
RECOMMENDED ACTION:
1. Move to declare the lowest responsible bidder on the project and award the construction contract.
2. Move to approve resolution amending the annual budget
REPORT SUMMARY:
Background
The Highway 9 Safety Improvement Project is a multi-jurisdiction multi-million dollar effort to improve
bicycle and pedestrian safety along Saratoga-Los Gatos Road from Saratoga Avenue in Saratoga to Los
Gatos Boulevard in Los Gatos.
An ad hoc committee comprised of two Council Members from each jurisdiction was formed to receive
input from the public during four public meetings. As a result, a bicycle and pedestrian safety Master Plan
was developed and approved. Due to the project scope and cost, outside funding sources and project
phasing were necessary.
− Phase I was funded by the Congestion Mitigation and Air Quality (CMAQ) grant and included
installation of bicycle lanes on both sides of Highway 9, spot widening and two pedestrian-
activated lighted crosswalks. Phase I was completed in 2009.
− Phase II includes pedestrian safety improvements and is subject to this report.
− Phase III, funded by state Proposition 116, includes additional bicycle improvements at Austin
Way and is currently under construction.
− Phase IV is funded by the federal Highway Safety Improvement Program (HSIP). Additional
pedestrian facilities will be constructed in 2013.
Page 1 of 3
54
Discussion
The focus of Phase II of the Highway 9 Safety Improvement Project is pedestrian facilities. The design of
these improvements was funded by CMAQ grant funds remaining from Phase I. The attached budget
resolution will adopt the grant funds in the amount of $426,000 into the current FY budget.
A separate HSIP federal grant in the amount of $900,000 will fund the construction of pedestrian
improvements. The required 10% local match will be shared by local agencies including Saratoga, Monte
Sereno and Los Gatos proportionally to improvements located in each jurisdiction.
The scope of pedestrian improvements in Phase II includes construction of a continuous pedestrian
walkway and re-construction of existing pedestrian facilities for ADA compliance from Aloha Avenue to
Fruitvale Avenue in Saratoga and from Greenwood Road in Monte Sereno to Monte Sereno-Los Gatos
City limit line. Improvements also include new pedestrian-activated flashing crosswalks at Three Oaks
Way/Park Drive in Saratoga and Greenwood Road in Monte Sereno; improvements at Farwell and Three
Oaks to prevent vehicle access and staging; improving existing pedestrian-activated crosswalks at
Carnelian Glen by adding a median and overhead flashing beacons; solar-powered radar speed signs;
pedestrian lighting, signage and striping.
The construction has been advertised and distributed to potential bidders. Due to federal requirements for
bid advertising, the sealed bids were not opened on time to include the low bidder in this report. The bids
are due on Tuesday, June 19th. Staff will prepare bid summary, check references and provide contract
award recommendation to Council via email on Tuesday evening and provide printed copies before the
regular Council meeting scheduled for June 20, 2012.
FISCAL IMPACTS:
The HSIP grant will cover 90% of construction cost. The remaining 10% will be shared by local agencies
proportionally. Saratoga’s share is included in the capital budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Recommended actions will be provided prior to the Council meeting.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Follow-up action will be provided prior to the Council meeting.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made available on the
City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the
Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to
the agenda on-line by opting in at www.saratoga.ca.us.
Page 2 of 3
55
Page 3 of 3
ATTACHMENTS:
1. Budget Resolution
2. Scope of Phase II Improvements
56
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2011/2012
TO ACCEPT A $462,000 CMAQ GRANT FOR THE HIGHWAY 9 SAFETY PHASE II
PROJECT
WHEREAS, the City Council desires to improve safety on Highway 9 by accepting a CMAQ
grant in the amount of $462,000 for the Highway 9 Safety Improvements Project - Phase II;
And;
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2011/12 CIP budget as
follows:
Account Description Account# Amount
To appropriate revenue from the CMAQ grant for Highway 9 Safety Improvements Project Phase II:
Revenue : 411.9122.001.42264 $ 462,000
To appropriate expenditures for Highway 9 Safety Improvements Project Phase II:
Expenditure Appropriation: 411.9122-001.81142 $ 462,000
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby approves the above adjustments to the Fiscal Year 2011/12 Capital Improvement Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at
a regular meeting of the Saratoga City Council held on _____________________, 2012 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Chuck Page, Mayor
City of Saratoga
Attest:
_______________________
Crystal Morrow, City Clerk
City of Saratoga
57
TOWN OF LOS GATOS
PHASE II SAFETY IMPROVEMENTS
Pedestrian Path
58
TOWN OF LOS GATOS
PHASE II SAFETY IMPROVEMENTS
Pedestrian Path
59
TOWN OF LOS GATOS
PHASE II SAFETY IMPROVEMENTS
Pedestrian Path
60
TOWN OF LOS GATOS
PHASE II SAFETY IMPROVEMENTS
Intersection Improvements
Vickery Avenue / Montalvo Road Intersection
61
TOWN OF LOS GATOS
PHASE II SAFETY IMPROVEMENTS
Pedestrian Crossing
Three Oaks Way Intersection
62
TOWN OF LOS GATOS
PHASE II SAFETY IMPROVEMENTS
Pedestrian Crossing
Greenwood Road
63
TOWN OF LOS GATOS
PHASE IV SAFETY IMPROVEMENTS
Intersection Improvements
Fruitvale Avenue Intersection
64
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Resolution in Support of Santa Clara Valley Water District Parcel Tax
RECOMMENDED ACTION:
Approve the attached resolution in support of the Santa Clara Valley Water District Safe, Clean
Water and Natural Flood Protection Plan Parcel Tax to be placed on the November 2012 ballot.
BACKGROUND:
This item has been placed on the June 20, 2012 City Council Meeting agenda at the request of
the Santa Clara Valley Water District. In November 2012, the Water District may be asking
voters to renew an existing parcel tax of $52 per year to continue funding the Safe, Clean Water
and Natural Flood Protection Plan. The existing parcel tax, approved in 2000, will expire if
renewal is not approved in November 2012.
If approved, some of the projects funded by the parcel tax would include:
‐ Anderson Dam Seismic Retrofit
‐ Pipeline reliability project
‐ Creek restoration/stabilization
‐ Vegetation control and sediment removal
‐ Pollution prevention partnerships and grants
‐ Grants and partnerships
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The resolution in support of the Santa Clara Valley Water District parcel tax would not be
approved.
ALTERNATIVE ACTION(S):
Page 1 of 2
65
Page 2 of 2
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Resolution in Support of Santa Clara Valley Water District Parcel Tax
Attachment B: Flyer on Santa Clara Valley Water District Parcel Tax
66
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
IN SUPPORT OF THE SANTA CLARA VALLEY WATER DISTRICT SAFE, CLEAN
WATER AND NATURAL FLOOD PROTECTION PLAN PARCEL TAX
WHEREAS, the Santa Clara Valley Water District (Water District) works to ensure a
safe and reliable water supply; that waterways have reduced levels of toxins; that water supply
and dams are protected from earthquakes and natural disasters; that habitat is restored and open
space provided; and that flood protection is provided to the community; and
WHEREAS, the existing parcel tax, Clean Safe Creeks and Natural Flood Protection,
will expire on June 30, 2016; and
WHEREAS, the Water District is considering continuing their special tax by seeking the
approval of the voters of Santa Clara County in November 2012; and
WHEREAS, this ballot measure would fund the Water District’s Safe, Clean Water and
Natural Flood Protection Plan; and
WHEREAS, the Safe, Clean Water and Natural Flood Protection Plan will help preserve
and improve our quality of life to:
• Ensure a safe, reliable water supply
• Reduce toxins, hazards and contaminants, such as mercury and pharmaceuticals, in our
waterways
• Protect our water supply and local dams from earthquakes and natural disasters
• Restore fish, bird, and wildlife habitat and provide open space access
• Provide flood protection to local homes, businesses, schools, streets, and highways; and
WHEREAS, this ballot measure would require two-thirds voter approval, which would
demonstrate overwhelming voter support; and
WHEREAS, water supply, stream protection, and flooding are regional issues and this
measure would provide a reliable water supply, funding for local trails, grants to improve
drinking water supplies on school campuses, reductions in toxins in waterways, protection of
water supply and dams, restoration of wildlife habitat, protection of open space, and flood
protection for homes, businesses, schools, streets, and roadways; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga
supports the Safe, Clean Water and Natural Flood Protection Plan and placement of the Safe,
Clean Water and Natural Flood Protection Plan on the November 2012 ballot.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 20th day of June 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
67
Chuck Page, Mayor
ATTEST:
DATE:
Crystal Morrow, City Clerk
68
69
70
SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Authorization for Santa Clara County Used Oil Payment Program Application
RECOMMENDED ACTION:
Authorize the City Manager to sign a letter giving the County of Santa Clara authorization to
submit a regional Used Oil Payment Program application and act on behalf of the City of
Saratoga.
BACKGROUND:
As required by the California Oil Recycling Enhancement Act, the State provides up to $11
million in payments to local governments for implementation of local used oil and filter
collection program. Funding for used oil and oil filter collection programs is allocated through
the used Oil Payment Program (formerly Used Oil Block Grant Program).
Since the 1990s, the Santa Clara County Household Hazardous Waste Program has acted as the
lead Used Oil Payment Program applicant for jurisdictions in the County. Through Used Oil
Payment Program funding, the County has paid for the collection, recycling, and disposal of used
oil and oil filters, as well as maintenance of used oil certified collections centers located in the
County and promotion of the proper disposal of this waste stream.
As required by CalRecycle, the Used Oil Payment Program application must be submitted
annually and each jurisdiction participating in a regional application must submit a letter of
authorization giving the lead agency permission to apply for Used Oil Payment Program funds,
implement the program, and administer funds on behalf of participating jurisdictions.
Consequently, staff has recommended that the Council authorize the City Manager to sign a
letter giving the County of Santa Clara authorization to submit a regional Used Oil Payment
Program application and act on behalf of the City of Saratoga.
FISCAL IMPACTS:
N/A
Page 1 of 2
71
Page 2 of 2
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City Manager would not be authorized to sign a letter giving the County of Santa Clara
authorization to submit a regional Used Oil Payment Program application and act on behalf of
the City of Saratoga.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Submit signed letter of authorization to the County of Santa Clara to be included in the County’s
regional Used Oil Payment Program application.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Draft Letter of Authorization
Attachment B: Used Oil Payment Program Guidelines
72
Incorporated October 22, 1956
CITY OF SARATOGA
13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • www.saratoga.ca.us
COUNCIL MEMBERS:
Manny Cappello
Jill Hunter
Emily Lo
Howard Miller
Chuck Page
June 21, 2012
Department of Resources Recycling and Recovery (CalRecycle)
1001 “I” Street
P. O. Box 4025
Sacramento, CA 95812-4025
Re: Letter of Authorization
Dear CalRecycle:
I am the City Manager of the City of Saratoga. I have been authorized by the Saratoga
City Council to sign this letter of authorization. Pursuant to this authority, I hereby
authorize the County of Santa Clara to submit a regional Used Oil Payment Program
(OPP) application and act as Lead Agency on behalf of the City of Saratoga. The County
of Santa Clara is hereby authorized to execute all documents necessary to implement
and secure payment under the OPP.
Sincerely,
Dave Anderson
City Manager, City of Saratoga
(408) 868-1215
73
Used Oil Payment Program, OPP3 (FY 2012/13) 1
Used Oil Payment Program
GUIDELINES for CYCLE 3 (OPP3)
FY 2012/13
May 2012
Submittal of an OPP Application constitutes acceptance of these Guidelines as
the controlling requirements for receiving, spending, and accounting for OPP
funds and for annual reporting. The Application and these Guidelines shall
constitute the OPP Agreement.
OVERVIEW AND STATUTORY AUTHORITY
The California Public Resources Code (PRC) §48601 et seq. describes the California Oil
Recycling Enhancement Act (Act), which, among other things, provides up to $11 million
annually in payments to local governments for implementation of local used oil and filter
collection programs. The Used Oil Payment Program (OPP) authorized in Senate Bill (SB) 546
(Lowenthal, Chapter 353, Statutes of 2009) replaces the Used Oil Block Grant Program (UBG).
While the purpose of the OPP is similar to the UBG, there are significant differences regarding
the Application, administration, and reporting requirements. The Department of Resources
Recycling and Recovery (CalRecycle), formerly the California Integrated Waste Management
Board (CIWMB), is responsible for administering the OPP.
These Guidelines describe the Application and administrative processes to implement the OPP
Cycle 3. Consistent with the intent of SB 546, the OPP is designed to streamline administrative
requirements within a fiscally sound framework. Payment Recipients (Recipients) are
responsible and accountable for ensuring that expenditures are appropriate and that proper
internal supporting documentation is maintained. To ensure full compliance with OPP’s
processes and requirements, OPP Applicants/Recipients must adhere to these Guidelines and the
program provisions set out in the Act, notably PRC §§ 48674, 48690, and 48691.
PROGRAM ADVISOR COORDINATION
A Program Advisor (Advisor), previously known as a Grant Manager, is assigned to each
Recipient to provide assistance and/or guidance in developing or enhancing a successful used oil
collection program.
ELIGIBILITY AND THE APPLICATION PROCESS
Local governments that comply with PRC §§ 48690 and 48691 are eligible to apply for and, if
approved, receive payment through the OPP. Generally, Applicants are required to have a used
oil collection program, which includes at least one certified used oil collection center per
100,000 residents and/or a curbside program that includes used oil collection at least monthly,
and a public education program that informs the public of locally available used oil recycling
opportunities. For specific and additional requirements, see PRC §§ 48690 and 48691.
74
Used Oil Payment Program, OPP3 (FY 2012/13) 2
To apply for this Cycle, the local government or the governmental entity acting on behalf of the
local government must: (1) submit a completed online Application to CalRecycle by June 29,
2012, and post an electronic (scanned) version of the signed Application Certification page in the
online system; (2) retain in its OPP file the original hard copy of the Application Certification
page signed by Applicant’s Signature Authority; and (3) submit by August 1, 2012, the
applicable required authorizing documents (see the AUTHORIZING DOCUMENTATION
section below). Additional application information is available at the OPP Cycle web page. If
you have any questions regarding the Application process, please call (916) 324-8867 or send an
e-mail to: GrantAssistance@CalRecycle.ca.gov; technical assistance will only be provided until
5:00 p.m. on June 29, 2012.
In addition to the above Application requirements, the Applicant must: (1) submit by
August 15, 2012, a completed online Annual Report for all UBG and/or OPP cycles active
during the preceding fiscal year for approval by the Advisor; and (2) have no outstanding debt(s)
owing to CalRecycle. (Refer to the ANNUAL REPORTING section for additional information
on reporting activities).
Note: A WebPass and online system access is required to complete and submit the online
Application. If you already have a WebPass for the UBG Reporting system, use the same
WebPass for the OPP. If you do not have a WebPass, you should immediately obtain one in
order to allow adequate time to use the new online Application system and minimize delays in
the Application process.
AUTHORIZING DOCUMENTATION: RESOLUTIONS, LETTERS OF COMMITMENT, AND
LETTERS OF AUTHORIZATION, LETTERS OF DESIGNATION
Examples of Resolutions, Letters of Commitment, Letters of Authorization, and Letters of
Designation can be found at this examples link.
Applicants, subject to a governing body, are required to submit an adopted Resolution that:
(1) Authorizes submittal of OPP Applications; and (2) identifies the name of the job title (rather
than the name of a person) authorized to sign on behalf of the Applicant (Signature Authority).
[Refer to the OPP website for specific due dates and timelines related to submission of these
documents.] Resolutions must be specific to the OPP; previous Resolutions referencing the
UBG will not be accepted. Unlike used oil grants, Resolutions for the OPP may be “open
ended.” That is, rather than specifying an end date, the Resolution may state that it is effective
“until rescinded." If such an “open ended” Resolution is not appropriate for your jurisdiction, an
Applicant may submit a Resolution for a shorter term and must include a specific end date.
Applicants not subject to a governing body must submit a Letter of Commitment. This letter
must: (1) be prepared on the Applicant’s official letterhead; (2) authorize submittal of OPP
Applications; (3) contain a specific end date or state that it is effective until rescinded; (4)
identify the job title (rather than the name of the person) of the person authorized to execute all
documents necessary to secure OPP funds (Signature Authority) and (5) be signed by a person
with authority to contractually bind the Applicant. As discussed above for Resolutions,
authorizations pursuant to this Letter may be effective “until rescinded.”
For regional Applications, the lead jurisdiction (Regional Lead) must submit an adopted
Resolution or Letter of Commitment (as appropriate), and in addition to the above requirements,
75
Used Oil Payment Program, OPP3 (FY 2012/13) 3
state that it is applying as a Regional Lead. Each participating jurisdiction (Regional Participant)
must submit a Letter of Authorization (or other applicable document as provided in the
examples) to the Regional Lead that authorizes its Regional Lead to apply for the OPP,
implement the program, and administer the OPP funds on its behalf. A new Letter of
Authorization is required from each Regional Participant for each new OPP Application cycle
and will be uploaded to the application system by the Regional Lead.
The choice of the Signature Authority is very important because the individual who holds
the designated job title is responsible for signing all OPP documents for the entire two year
cycle. When authorized by Resolution or Letter of Commitment, an Applicant’s Signature
Authority may issue a Letter of Designation, which delegates to another person (identified by job
title rather than name) the authority to sign and submit required OPP documents, such as
Applications, Annual Reports, or extension requests. This delegation may be done either at the
time of Application or later; however, it must be uploaded (by the Applicant) into the OPPO
application system and accepted by CalRecycle staff prior to the Designee’s exercise of his/her
authority. A Letter of Designation must: (1) be prepared on the Applicant’s official letterhead;
(2) contain a specific end date or state that it is effective until rescinded by the identified
Signature Authority; (3) identify the job title of the Designee; (4) identify the scope of the
Designee’s authority; and (5) be signed by the Signature Authority.
Applicants must scan and upload (as a pdf document) the applicable documents addressed
above into the online system, and retain the original signed hard copy in its OPP file. If the
Applicant is unable to upload any of these documents, please call (916) 324-8867 or send an
email to: GrantAssistance@CalRecycle.ca.gov.
APPLICATION CHANGES
Once an Application has been approved by CalRecycle, the Recipient and/or any regional
participant that has submitted a Letter of Authorization may not withdraw or amend their
Application.
Once approved, the Recipient/Regional Lead is contractually bound to carry out the used oil
program in accordance with the OPP Guidelines.
NOTICE OF AWARD
Upon approval of Applications and Annual Reports, Recipients will be notified in writing that an
OPP award has been made and that they are authorized to incur costs and expend funds in
furtherance of their programs. (Refer to the TERM AND PAYMENTS section for additional
information on Notice of Award). A listing of the award amounts for all Recipients will be
posted at the OPP Cycle web page.
Costs incurred or funds expended prior to the receipt of written notification of award may be
ineligible.
76
Used Oil Payment Program, OPP3 (FY 2012/13) 4
DENIAL OF APPLICATION
If an Application is not approved, CalRecycle will notify the Applicant and provide the reasons
for denial of the Application. Due to the time constraints in administering this program, all
decisions are final. In such cases, potential Applicants are encouraged to contact and work with
CalRecycle to ensure that its jurisdiction meets the necessary requirements prior to the next
Application cycle.
TERM AND PAYMENTS
The OPP term is 24 months; the term runs from July 1, 2012 through June 30, 2014. Payment
will be made by CalRecycle to Recipients in April 2013. Funds for this cycle must be expended
by the end of the term, June 30, 2014, or returned to CalRecycle as described in the UNSPENT
FUNDS section below.
An Applicant may request (as part of the Application process) receipt of its annual payment in
October 2012. In order for CalRecycle to approve this request, the requesting jurisdiction must
demonstrate that all funds from previous OPP cycles are spent.
Tracking and reporting of interest earned (if any) is not required for the OPP.
Recipients may request a 6 month extension of this term. At least 90 days prior to the end of the
cycle term, the Signature Authority may submit an extension request to their Advisor outlining
compelling reasons (such as an equipment purchase or other expense that exceeds two annual
payment awards) that warrant consideration of the extension. Recipient’s inability to spend the
entire payment amount within the term is not an acceptable reason; and repeated requests for
extensions are not favored. Extension requests will be decided on a case by case basis.
Approval of requests shall not be unreasonably withheld. Advisors will respond to the Signature
Authority within 30 days of receipt of the request.
State funding is always subject to availability based on an approved State budget. Delays in the
State budget approval process may impact the timing of automatic payments.
PROGRAM EXPENDITURES AND COSTS
All expenditures must be for the purposes of establishing and maintaining a used oil program as
discussed in the OVERVIEW AND AUTHORITY section of these Guidelines and as more fully
set forth in PRC § 48690 and 48691. Costs must be incurred and/or accrued during the term for
which they are reported.
The OPP participant must spend all of the available funds from the oldest OPP prior to spending
any funds from more recent OPPs. For example, utilize all funds from OPP Cycle 2 before
showing any OPP Cycle 3 expenses on the OPPO Expenditure Detail section.
It is acceptable to split an invoice across two separate OPP cycles in order to “zero out” all funds
in the oldest OPP before using funds from a more recent OPP. Expenditures that are split need
to be clearly identified and retained in a single file to facilitate review and retention. (Refer to
RECORDS RETENTION AND AUDIT CONSIDERATIONS section for additional information
on Program Expenditures and Costs).
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Used Oil Payment Program, OPP3 (FY 2012/13) 5
Used oil and used oil filter collection and recycling activities, educational activities, and
stormwater management are statutory components of local used oil collection programs
(PRC § 48691). Accordingly, these activities should be the focus of OPP expenditures.
With the exception of developing, purchasing and distributing Used Oil Program Material
discussed in ELIGIBLE COSTS below, preapprovals by CalRecycle are not required for eligible
OPP expenditures.
Recipients must account for all OPP funds in a manner that provides for clear tracking of
expenditures in accordance with Generally Accepted Accounting Principles. Proper business
procedures dictate that OPP supporting documentation (including, but not limited to, the original
signed Application Certification and Annual Report summary pages, invoices, payroll
registers/logs, travel expense claim forms, etc.) be retained in a single file to facilitate review and
retention. Recipients must follow their jurisdiction’s purchasing and/or contracting
policies/requirements and ensure the proper and exclusive use of items purchased with OPP
funds.
OPP funds are subject to audit (refer to RECORDS RETENTION AND AUDIT
CONSIDERATIONS section). Audit findings against Recipients can result in the need for
reimbursement of the subject OPP funds, and/or ineligibility for future OPP funds.
ELIGIBLE COSTS
Eligible costs include, but are not limited to:
Establishing, maintaining, and/or enhancing used oil and used oil filter
collection/recycling programs.
Developing, purchasing and/or distributing useful educational materials informing the
public about used oil and used oil filter collection and recycling. Examples include, but
are not limited to, newspaper advertisements, brochures, flyers, and utility inserts.
Developing, purchasing and/or distributing the following Used Oil Program materials
that have a functional purpose associated with an environmental benefit: marine
absorbent bilge pads, oil funnels, oil drain containers, oil change rags, new oil filters for
exchanges, Ziploc-type filter bags, cardboard creepers, filter wrenches, dirty filter
recycling containers, maps of collection centers, and tide charts. Advisor approval is
required for items not on this pre-approved list.
Stormwater mitigation activities pursuant to PRC § 48691.
Certified Unified Program Agency (CUPA) or other agency inspection fees directly
related to establishing and maintaining an effective oil and oil filter collection and
recycling program.
HAZWOPER 8-hour refresher course.
Indirect/overhead costs up to 10% of the OPP eligible expenditures. (Note: This
limitation applies to Recipients and consultants/contractors who administer and/or
implement a program.)
Reasonable costs for a consultant or contractor to administer and/or implement
Recipient’s OPP funded used oil program.
Purchase or rental of storage facilities dedicated to oil-related activities and supplies;
installation of ancillary structures solely for protection of oil related equipment and/or
supplies.
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Used Oil Payment Program, OPP3 (FY 2012/13) 6
INELIGIBLE PROGRAM COSTS
Any expenditure that does not directly support used oil and/or used oil filter collection, recycling
and/or educational activities, stormwater management, or expenses not directly related to
Recipient’s (or consultant's/contractor's) administration of the OPP are ineligible for funding.
Ineligible costs include, but are not limited to:
Costs incurred before July 1, 2012 or after June 30, 2014.
Developing, purchasing and/or distributing strictly promotional give-away items.
Examples include, but are not limited to, key chains, letter openers, squeegee toys, coffee
mugs, water bottles, Frisbees, hats, t-shirts, chip clips, pens, pencils, beanie babies,
screwdrivers, coloring books, small recycling containers for pencils, dried sponges, flash
drives and reusable bags.
Purchasing or leasing of land or buildings.
Costs currently covered by or incurred under a separate CalRecycle loan, grant, or
contract.
Remediation activities (any cleanup or restoration of polluted areas).
HAZWOPER 40-hour and 24-hour courses.
Enforcement activities.
Preparation of Household Hazardous Waste (HHW) elements.
Construction and development of any HHW permanent facility on non-local government-
owned property.
Transportation and disposal of non-oil HHW from any facility or event.
Maintaining equipment, materials, or supplies at HHW facilities or ABOP (antifreeze,
battery, oil, and paint) facilities not directly related to the collection of used oil and used
oil filters.
Fines or penalties due to violation of federal, State or local laws, ordinances, or
regulations, including CUPA fines or penalties.
Employee time off (vacation or sick leave), overtime costs, or compensated time off
(except for local government staffing during specially scheduled evening or weekend
events outside of staff’s normal work hours when law or labor contract requires overtime
compensation).
Food or beverages (e.g., as part of meetings, workshops, or events).
Cell phones, pagers, cameras, personal digital assistants, and other similar electronic
devices.
Out-of-state travel or travel expenditures that exceed the State rate (for hotel and meal
rates, see Department of Personnel Administration provision 599.619 or ask your Advisor
for hotel maximum rates and for meals and incidentals). If, in order to reach an in-state
destination, travel is reasonably required outside the border of California, this is not
considered “out-of-state travel.” [For audit purposes, expenses exceeding the State rate,
involving travel outside the border, or that are contrary to other terms in this provision,
should be explained in writing and kept in the OPP file.]
Expenses for audits of the Recipient's entire organization, or portions thereof that include
a review of the UBG, OPP, or Used Oil Opportunity (or its successor program) or other
competitive grants.
Any costs not consistent with local, State, or federal laws, guidelines and regulations.
Any costs “excessive” or “unreasonable” as determined by CalRecycle or its auditors.
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Used Oil Payment Program, OPP3 (FY 2012/13) 7
PUBLICITY AND EDUCATION REQUIREMENTS
Used Oil Program material must directly relate to the collection and recycling of used oil and/or
used oil filters,, proper oil disposal practices, and/or other OPP activities and must be functional,
as discussed in ELIGIBLE COSTS, encourage behavioral change or provide an educational
opportunity for the public. Used Oil Program material must be appropriate for the target
audience, durable, and not likely to be disposed of in a short time or contribute to the waste
stream or hazardous waste stream (e.g., any item containing batteries, mercury, etc.).
Stormwater and HHW recycling program messages may be incorporated with the used oil
recycling message on publicity and education items. The funding level for the publicity and
education portion for these programs is 50% for any item which contains a reasonable mention
of used oil and/or used oil filter collection and recycling; and, 100% if over half of the text or
image(s) relates to used oil and/or used oil filter collection and recycling.
Acknowledgement: The following acknowledgement of funding may be included on Used Oil
Program material, in advertising, and in public education information:
"Funded by the Department of Resources Recycling and Recovery (CalRecycle).” or
"Funded by CalRecycle."
For materials produced in Spanish, use the following:
"Financiado por el Departamento para el Reciclaje y Recuperacion de Recursos (tambien
conocido como CalRecycle)." or "Financiado por CalRecycle."
This acknowledgement need not be included if space is limited and/or it would interfere with the
message.
Advertising and Public Education: Materials must provide:
Information on used oil and used oil filter collection and recycling/disposal.
A list of used oil collection centers within the targeted community or a local telephone
number or website to obtain further information on local collection centers. (Use the 1-800-
CLEANUP number or earth911 website if your jurisdiction does not maintain its own 24-
hour hotline.)
The “Used Oil Drop” logo with the words “Recycle Used Oil” or “Recycle Used Oil and
Used Oil Filters” as appropriate. On any material produced in four or more colors, use the
State colors (blue oil drop on yellow background) for this logo. (The color designation for
professional printing is Yale Blue-Pantone 286C; Golden Yellow-Pantone 123C.)
Oil program related graphics and signs are available on CalRecycle’s website.
CERTIFIED COLLECTION CENTER (CCC) SITE VISIT REQUIREMENTS
For Recipients who administer their used oil program in coordination with a CCC, it is a
program requirement that a site visit be made annually to a minimum of one CCC site per
100,000 residents being served by the used oil program. When a site visit is made, the
jurisdiction is to complete a Site Visit Checklist form. One of the three available forms may be
used—CalRecycle 664, CalRecycle 664-SP or 665--as appropriate for the jurisdiction. The
newest versions of these forms may be found under “Used Oil Recycling” on the relevant forms
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Used Oil Payment Program, OPP3 (FY 2012/13) 8
web page. The completed forms are to be retained in the cycle file and jurisdictions will report
the total number of site visits made by the jurisdiction in the online Annual Report.
RECORDS RETENTION AND AUDIT CONSIDERATIONS
Recipients are responsible and accountable for all OPP funds; therefore, it is essential that
adequate documentation and a clear paper/audit trail are maintained. Recipient’s accounting of
OPP funds must be maintained in a manner that provides clear separate tracking of OPP funds
and related transactions for fiscal program management and audit purposes.
CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated
representative(s) shall have the right to review and to copy any records and supporting
documentation pertaining to the use of OPP funds; and shall have the right to interview staff
relevant to the audit. Recipient shall include this provision in all contracts and subcontracts
funded in whole or in part from OPP funds.
Examples of documentation subject to audit include, but are not limited to, expenditure ledgers,
payroll register entries, time sheets, travel logs, paid warrants, contracts and change orders,
samples/pictures of items and materials developed with OPP funds, invoices, receipts, and
canceled checks. All such records shall be maintained for possible audit for a minimum of three
(3) years after the OPP term end date, or until completion of any action and resolution of all
issues, which may arise as a result of any litigation, dispute, or audit, whichever is later.
ANNUAL REPORTING
Annual Reporting is a statutory requirement for ongoing eligibility for the OPP. Recipients must
meet CalRecycle’s online reporting requirements. The Annual Report for this Cycle must be
submitted no later than August 15*, of each calendar year (commencing August 15, 2013).
Failure to meet this reporting due date may result in the denial of future funding.
*When a due date falls on a Saturday or Sunday, the online report must be submitted by the
following Monday.
Upon completion of the online Annual Report (including the expenditures portion of the report),
the Report Certification page is to be printed out and given to the Signature Authority for
approval and signature. The signed Annual Report Certification page is to be uploaded to the
online system (by the Recipient) and the original signed hard copy is to be retained in the
Recipient’s cycle file. If the Recipient is unable to upload the signed Annual Report
Certification page, they should scan and email or fax it to their Advisor for uploading. Advisors
will review for approval the submitted reports.
All expenditures will be reported through the Oil Payment Program Online (OPPO) system.
Failure of Recipient to properly spend or account for OPP funds may result in denial of future
OPP funding for Recipient, requiring reimbursement from Recipient and /or Recipient’s
forfeiture of funds. Definitions for the OPP expenditure categories can be found on the
definitions page.
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Used Oil Payment Program, OPP3 (FY 2012/13) 9
UNSPENT FUNDS
Funds that are unspent at the end of the OPP term must be reimbursed by check to CalRecycle
within 45 days of that date. Checks must contain the OPP number (i.e., OPP1-10-xxxx), specify
“OPP Unspent Funds,” and be mailed to: CalRecycle, Accounting, P.O. Box 4025, Sacramento,
CA 95812-4025. If there are questions or other issues related to expenditures, work with your
Advisor to resolve these issues. Funds due to CalRecycle but left unpaid may result in a
Recipient not being eligible for future OPP funding.
EXCEPTIONS
These Guidelines govern the administration of the OPP. Under compelling circumstances
“exceptions” may be granted on a case-by-case basis by your Program Advisor. Requests for
exceptions must be made and approved in writing. Work with your Program Advisor if you have
questions.
DISCRETIONARY TERMINATION
The Director of CalRecycle or his/her designee shall have the right to terminate this Agreement
at his or her sole discretion at any time upon thirty (30) days written notice to the Recipient.
Within forty-five (45) days of receipt of written notice, the Recipient is required to:
a) Submit a final written report to the appropriate Advisor describing all work performed by
the Recipient and provide an accounting of all funds expended up to and including the
date of termination; and,
b) Reimburse CalRecycle any unspent funds.
TERMINATION FOR CAUSE
In the event the Recipient fails to comply with the requirements of these Guidelines at the time
and in the manner herein provided, CalRecycle may terminate the OPP Agreement.
Recipients are encouraged to discuss any problems they may have in complying with these
Guidelines with their Advisor to determine if CalRecycle can be of assistance.
INDEMNITY
Recipient agrees to indemnify, defend and save harmless the State and CalRecycle, and their
officers, agents, and employees from any and all claims and/or losses accruing or resulting from
the performance of OPP.
COMPLIANCE
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits.
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Used Oil Payment Program, OPP3 (FY 2012/13) 10
USED OIL PAYMENT PROGRAM DEFINITIONS
For purposes of the OPP, the following definitions apply:
Consultant: A professional who advises on or manages the OPP on behalf of an OPP Recipient.
Contractor: An individual, business or company with which the Recipient enters into an
agreement to perform program-related services or activities including providing materials or
supplies for oil and oil filter collection/recycling projects. (Note: Also refer to the Subcontractor
definition.)
Indirect/Overhead Costs: These costs are expenditures not capable of being assigned or not
readily available to a particular project or activity but considered necessary for the operation of
the Recipient’s business and the performance of the OPP. Examples include costs of operating
and maintaining facilities, accounting services and administrative salaries.
Letter of Authorization: A letter submitted by a Regional Participant to authorize another
jurisdiction (Regional Lead) to apply for and to act on its behalf in the implementation and
administration of the OPP.
Letter of Commitment: A letter from an Applicant, not subject to a governing body, that
authorizes submittal of OPP Applications.
Letter of Designation: A letter submitted by an Applicant’s Signature Authority that delegates
his/her authority to another individual (identified by job title not name) as authorized in the
Resolution or Letter of Authorization. The person to whom this authority is delegated is the
“Authorized Designee.”
OPP: The acronym means the Used Oil Payment Program (see Used Oil Payment Program
definition below).
Program Advisor or Advisor (previously known as Grant Manager): The CalRecycle staff
person responsible for monitoring the OPP and related program activities for a particular
jurisdiction.
Payment Recipient or Recipient: The recipient of funds pursuant to PRC § 48690 et seq. The
recipient may be a local government (which includes any chartered or general law city, chartered
or general law county, or any city and county) and/or a public agency/entity or special district
that has been given the authorization to act on behalf of a local government.
Signature Authority: The title of the person authorized by an adopted Resolution, Letter of
Commitment, or Letter of Designation to sign all grant related documents on behalf of the
authorizing entity.
Subcontractor: An individual, business or company with which the Recipient’s Contractor
enters into an agreement to perform program-related services or activities, or provide materials
or supplies for oil and oil filter recycling/collection-related projects, services or activities.
Used Oil Payment Program (OPP): The the Used Oil Program established pursuant to PRC §
48690 et seq., that provides payments/funding to eligible participants for establishing and
maintaining an effective local used oil and used oil filter collection/recycling program.
Used Oil Program Material: Materials consistent with information in the PUBLICITY AND
EDUCATION REQUIREMENTS section.
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Dave Anderson
City Clerk
SUBJECT: Community Event Grant Request – Wildwoodstock 2012
RECOMMENDED ACTION:
Provide direction on the community event grant request in the amount of $2,578 for
Wildwoodstock 2012.
BACKGROUND:
On June 11, 2012, the City received a community event grant request for Wildwoodstock 2012.
The event, which is a fundraiser for the Kim Walt Foundation, is scheduled to take place on
August 11, 2012 in Wildwood Park from 11:30 a.m. to 6:00 p.m. The total grant amount
requested is $2,578. The grant would pay for park rental costs, a park attendant, a noise
exception permit, 1 portable toilet and sink, a State Alcohol Beverage License, and 2 Santa Clara
County Sheriff’s Office Deputies to monitor the event. A summary of the grant request is below.
Item Cost
Wildwood Park Reservation $500
Park Attendant $200
Noise Exception Permit $50
Portable Toilet and Sink $300
State Alcohol Beverage License $250
2 Deputies $1,278
Total Grant Request $2,578
Due to the date of the event and timing of the annual application process, the grant request for
Wildwoodstock 2012 is coming before Council at the June 20, 2012 Meeting for consideration.
If the application was evaluated at the July 18, 2012 Meeting with other grant applications, the
event organizers would begin to incur event expenses before knowing the outcome of their grant
request.
A total of $20,000 has been allocated to the Community Event Program in the 2012/13 budget. If
the grant request is approved, available funding in the Community Event Program would be
reduced to $17,422.
Page 1 of 2
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Page 2 of 2
FISCAL IMPACTS:
If Council authorizes the grant request, a total of $2,578 would be deducted from the Community
Event Program for the 2012/13 budget. The remaining balance of the Community Event Program
would be $17,422.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The grant request would not be approved.
ALTERNATIVE ACTION(S):
Council may choose to approve an alternative grant amount.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A: Community Event Grant Request
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Christopher Riordan, AICP DIRECTOR: James Lindsay
SUBJECT: Conditional Use Permit Fee Reimbursement for the French Tailor
RECOMMENDED ACTION:
Consider the applicant’s request for a $3,400 reimbursement in fees for an Administrative
Conditional Use Permit.
REPORT SUMMARY:
Background
The Conditional Use Permit (CUP) Reimbursement Incentive Program is scheduled to end on
June 30, 2012 and has a remaining balance of $4,400 (Attachment #1). The following seven use
types are eligible for the Program:
• Family style restaurant that serves breakfast, lunch and dinner
• Bakery
• Grocery store
• Wine tasting
• Ice cream or frozen yogurt store
• Arts & crafts instructional activities
• Undesignated (requires City Council approval prior to application submittal)
The following six businesses received CUP fee refunds since the program’s inception:
Business Name Reimbursement Incentive Program Use Type
Yolatea Ice Cream or Frozen Yogurt Store
Big Basin Vineyards Wine Tasting
Belltower Bistro Bakery
Downtown Farmers Market Undesignated
Martella Wines Wine Tasting
Vine Life Gifts Undesignated
The French Tailor is a clothes tailor and restaurant located at 14577 Big Basin Way. The
restaurant does not have a kitchen and primarily serves steamed hot dogs, sandwiches,
beverages, and miscellaneous snack items. The owner would like to sell wine for on-site
consumption as described in Attachment #2. The business falls under the Undesignated use type
and therefore requires City Council approval.
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The City Council recently considered allowing wine tasting as a permitted use but this is limited
to those establishments where wine tasting is the primary use. The French Tailor is not a use
dedicated to wine tasting so therefore the applicant would require a Conditional Use Permit to
serve wine for on-site consumption.
FISCAL IMPACTS:
A CUP fee refund for the French Tailor would reduce remaining balance of the CUP
Reimbursement Incentive Program to $1,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The French Tailor would not get a refund of their CUP application fees and the remaining $4,400
would remain in the Council’s discretionary fund.
ALTERNATIVE ACTION:
None
FOLLOW UP ACTION:
As directed
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s website in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library
each Monday in advance of the Council Meeting.
ATTACHMENT:
1. Conditional Use Permit Reimbursement Incentive Program Remaining Balance Table
2. The French Tailors written request for a reimbursement of their application fees for a
Conditional Use Permit.
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Project #Address Business Name Business Type Permit Fees
Permit Fees
Refunded
Remaining
Balance
CUP09-0007 14554 Big Basin St. Stan's Brewery Wine Tasting 4,700.00$ -$ 25,000.00$
CUP09-0017 14482 Big Basin Yolatea Yogurt Shop 3,550.00$ 3,400.00$ 21,600.00$
ACUP10-0001 14598 Big Basin Big Basin Vineyards Wine Tasting 3,550.00$ 3,400.00$ 18,200.00$
CUP10-0002 20490 Big Basin Belltower Bistro Bakery 3,550.00$ 3,400.00$ 14,800.00$
CUP11-0003 City-Wide Saratoga Farmer's Market Outdoor Market 4,700.00 4,700.00 10,100.00$
ACUP11-0002 14598 Big Basin Martella Wines Wine Tasting 3,550.00 3,400.00 6,700.00$
Vine Life Undesignated $2,300.00 4,400.00$
Types of Uses
Family-Style Restaurant
Bakery
Grocery Store
Wine Tasting
Yogurt Store
Arts & Crafts Instruction
Undesignated (Determined by City Council)
City of Saratoga
New Business Incentive Program
April 2009 - June 2011
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SARATOGA CITY COUNCIL
MEETING DATE: June 20, 2012 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: James Lindsay DIRECTOR: James Lindsay
SUBJECT: Direction on Retail Alcohol Sales
RECOMMENDED ACTION:
Provide direction to the Planning Commission to make a recommendation to the City Council on
allowing retail alcohol sales as a permitted use in commercial zoning districts.
REPORT SUMMARY:
As part of the approved 2012 Community Development Department Work Plan, the City Council
directed staff and the Planning Commission to consider amending the Conditional Use Permit
(CUP) process to distinguish between businesses that sell alcohol for off-site consumption and
businesses that sell alcohol to be consumed on-site. After receiving a recommendation from the
Planning Commission, the City Council introduced Ordinance No. 292 on June 3, 2012, allowing
tasting rooms as a permitted use in the CH District and allowing retail sales (off-site
consumption) of beer and wine only when associated with a tasting room. The Council also
requested staff to agendize an item to direct the Planning Commission to further distinguish retail
sales of alcohol as a permitted use for all commercial businesses.
Provided below is an excerpt from Article 15-19 “Commercial Districts” with possible changes
the Planning Commission could consider:
15-19.020 - General regulations (all commercial districts)
(a) Permitted uses. The following permitted uses shall be allowed in any commercial district,
unless a use involves the operation of a business providing direct customer service
(including, but not limited to, conducting a delivery service) on-site between the hours of
1:00 A.M. and 6:00 A.M., in which event such use may be allowed upon the granting of a
use permit in accordance with this Code:
(1) Retail establishments, except restaurants, markets, delicatessens, and any
establishment engaged in the sale of alcoholic beverages for on-site consumption.
(2) Home occupations, conducted in accordance with the regulations prescribed in
Article 15-40 of this Chapter.
(3) Parking lots which comply with the standards for off-street parking facilities as set
forth in Section 15-35.020 of this Chapter.
(4) Accessory structures and uses located on the same site as a permitted use.
(5) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications, subject to design review under Article
15-46
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(b) Conditional uses. The following conditional uses may be allowed in any commercial
district, upon the granting of a use permit in accordance with this Code:
(1) Restaurants.
(2) Markets and delicatessens.
(3) Any establishment engaged in the sale of alcoholic beverages for on-site
consumption with the exception of tasting rooms, as provided for in Section 15-
19.050(a)(3) of this Code (Ordinance No. 292).
(4) Hotels and motels.
(5) Bed and breakfast establishments.
(6) Institutional facilities.
(7) Community facilities.
(8) Game arcades.
(9) Gasoline service stations on sites abutting Saratoga/Sunnyvale Road, Saratoga/Los
Gatos Road or Saratoga Avenue and accessible directly from such arterial road;
provided, that all operations except the sale of gasoline and oil shall be conducted
within an enclosed structure.
(10) Animal establishments, as defined in Section 7-20.010(c) of this Code. All animal
establishments shall be subject to the regulations and license provisions set forth in
Section 7-20.210 of this Code.
(11) Public buildings and grounds.
(12) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks, transmission lines and cable television facilities.
(13) Accessory structures and uses located on the same site as a conditional use.
(14) Repealed.
(15) Tobacco retailers. All tobacco retailers (as defined in Section 15-80.130 of this
Article) shall be subject to the permitting requirements and provisions set forth in
Section 15-80.130 of this Article.
ATTACHMENTS:
None
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