HomeMy WebLinkAbout03-18-2009 City Council Agenda
AGENDA
SPECIAL MEETING
SARATOGA CITY COUNCIL
MARCH 18, 2009
SPECIAL MEETING –5:00 P.M. ADMINISTRATIVE CONFERENCE ROOM,
13777 FRUITVALE AVENUE.
CALL MEETING TO ORDER – 5:00 P.M.
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
March 13, 2009)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council f or 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.
COMMUNICATIONS
None
ORAL COMMUNICATIONS - COUNCIL DIRECTION TO STAFF
Direction to Staff regarding actions on current Oral Communications.
PLANNING COMMISSION INTERVIEWS
The following people have been scheduled for interviews:
TIME CANDIDATE COMMISSION
5:00 Helen Lemmon Library
5:05 Vita Bruno Parks & Recreation
5:10 Tom Soukup Parks & Recreation
5:15 Mark Johnson Parks & Recreation
5:30 Sesh Ramaswami Planning
5:35 David Reis Planning
5:40 Omid Shakeri Planning
5:45 Douglas Robertson Planning
CALL JOINT MEETING TO ORDER – 6:00 P.M.
1. Joint Meeting with Supervisor Liz Kniss
Recommended Action:
Informational only.
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the Community Development Department Director 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, Ann Sullivan, 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 March 13, 2009,
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 13th day of March 2009 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
Wednesday, March 18, 2009
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
March 13, 2009)
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Commendation Honoring Liz Kniss – President of Santa Clara County Board of
Supervisors
Recommended action:
Present commendation.
1
2. Proclamation Declaring the Month of March 2009 as “Colon Cancer Awareness
Month” and Declaring the City of Saratoga as a “Colon Cancer Free Zone”
Recommended action:
Present proclamation.
3. Disaster Service Worker Week Proclamation
Recommended action:
Present proclamation.
SPECIAL PRESENTATIONS
4. Presentation by Jamie McLeod, Chair, Santa Clara County Recycling and Waste
Reduction Commission, on Issues Related to Single Use, Carryout Bags
Recommended action:
Accept presentation by Jamie McLeod, Chair, Santa Clara County Recycling and
Waste Reduction Commission (SCRWRC), and City of Santa Clara Council member.
5. Presentation by Manny Diaz, Consultant for the American Chemistry Council, on
Issues Related to Single Use, Carryout Bags
Recommended action:
Accept presentation by Manny Diaz, Consultant for the American Chemistry Council.
6. California Stormwater Quality Association (CASQA) Presentation of Awards
Recommended action:
Listen to a short presentation from Kelly Carroll, Manager of West Valley Clean
Water Program and receive awards.
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.
7. City Council Minutes - March 4, 2009
Recommended action:
Approve minutes.
8. CUP Study Session Minutes - March 3, 2009
Recommended action:
Approve minutes.
9. City Council Minutes – May 3, 2006
Recommended action:
Approve minutes.
2
10. Review of Accounts Payable Registers
Recommended action:
That the City Council accepts the Check Registers for Accounts Payable cycles:
February 26, 2009
March 05, 2009
11. Amendment to Delta MicroImaging contract
Recommended action:
Accept report and approve amendment to the existing contract with Delta
MicroImaging and authorize the City Manager to execute the contract amendment.
PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council’s approval at the Council meeting
12. Public Hearing on Resolution Ordering the Abatement of a Public Nuisance by
Removal of Hazardous Vegetation (Weeds)
Recommended action:
Open public hearing; listen to public testimony; and close public hearing. Consider
any objections to proposed Order for Abatement of Hazardous Vegetation and sustain
or overrule any objections as to specific properties. Adopt proposed Resolution
Ordering Abatement (Attachment A) as to properties listed (with modification(s) if
any objections are sustained.
13. FY 2009/10 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
Recommended action:
Conduct the Public Hearing and make a decision regarding recommendation of
remaining Community Development Block Grant (CDBG) funds.
OLD BUSINESS
14. Request for discretionary funds for fees associated with a Conditional Use Permit
(CUP)
Recommended action:
Direct Staff Accordingly.
15. Review incentives related to Conditional Use Permits to encourage new businesses in
the City
Recommended action:
Direct Staff Accordingly.
16. Selection of Conceptual Website Homepage Design
Recommended action:
Accept report, select one of three conceptual website homepage designs, and offer
input on the selected design so that it can be further refined.
3
NEW BUSINESS
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page
Hakone Foundation Executive Committee
Peninsula Division, League of California Cities
SSC Cities Association Board
SCC Cities Association Selection Committee
Valley Transportation Authority PAC
West Valley Sanitation District
West Valley Mayors and Managers Association Council Finance Committee
Council Finance Standing Committee
City School Ad-Hoc
Vice Mayor Kathleen King
Hakone Foundation Board
West Valley Flood Control Zone & Watershed Advisory Committee
SSC Cities Association Executive Board
SCC Cities Association – Joint Economic Development Policy Committee (JEDPC)
City School Ad-Hoc
Councilmember Jill Hunter
Historical Foundation
Library Joint Powers Association
Santa Clara County Valley Water District Commission
Village AdHoc
Councilmember Howard Miller
Chamber of Commerce
KSAR
Santa Clara County Emergency Council
West Valley Solid Waste Joint Powers Association
Council Finance Standing Committee
Councilmember Susie Nagpal
ABAG
Comprehensive County Expressway Planning Study Policy Advisory Board (PAB)
County HCD Policy Committee
SASCC
Sister City Liaison
Village AdHoc
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
Council will adjourn the Regular Council Meeting and proceed to the Administrative
Conference Room for Closed Session.
4
ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference with Legal Counsel – Anticipated Litigation: Significant exposure to
litigation pursuant to Government Code 54956.9 (b) (1 Item)
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 Community Development Department Director 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)
Certificate of Posting of Agenda:
I, Ann Sullivan, 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 March 13, 2009,
for 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 13th day of March 13, 2009 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
5
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2009
4/1 Regular Meeting – Joint Meeting with Library Commission and Friends of
the Saratoga Libraries
4/15 Regular Meeting – Joint Meeting with Youth Commission
5/6 Regular Meeting – Joint Meeting with Mt. Winery
5/20 Regular Meeting – Joint Meeting with Montalvo Arts
6/3 Regular Meeting – Joint Meeting with Parks and Recreation Commission
6/17 Regular Meeting – Joint Meeting with HOA Presidents
7/1 Regular Meeting –
7/15 Regular Meeting – Joint Meeting with SASCC
8/5 Regular Meeting – Joint Meeting with Saratoga Ministerial Association
8/19 SUMMER RECESS – NO COUNCIL MEETING
9/2 Regular Meeting – Joint Meeting with Hakone Foundation
9/16 Regular Meeting – Joint Meeting with West Valley Board of Trustees
10/7 Regular Meeting – Joint Meeting with Traffic Safety Commission
10/21 Regular Meeting – Joint Meeting with Historical Foundation & Heritage
Preservation Comm.
11/4 Regular Meeting – Saratoga Village Development Council
11/18 Regular Meeting -
12/1 Council Reorganization
12/2 Regular Meeting -
12/16 Regular Meeting -
6
1
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Commendation Honoring Liz Kniss – President of Santa Clara County Board of
Supervisors
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached commendation honors Liz Kniss, President of the Santa Clara County Board of
Supervisors for her many years of service and dedication to the Board of Supervisors and the
community.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Commendation for Liz Kniss, President of Santa Clara County Board of Supervisors
7
SARATOGA CITY COUNCIL COMMENDATION
HONORING LIZ KNISS
PRESIDENT OF THE
SANTA CLARA COUNTY BOARD OF SUPERVISORS
WHEREAS, Liz Kniss received a BS degree in Nursing from Simmons College in Boston and a
MPA in Public and Health Care Policy from California State University; and
WHEREAS, she is a Registered Nurse and has worked in hospital care, as a public health nurse for
San Mateo County, and a school nurse for Cupertino Union School District; and
WHEREAS, Liz Kniss and her husband have been living in California for more than 40 years and
they have two daughters and four granddaughters.
WHEREAS, Liz Kniss was elected to represent Santa Clara County’s Fifth District on the Board of
Supervisors for the first time in 2000; and
WHEREAS, the Fifth District includes the cities of Cupertino, Los Altos, Los Altos Hills, Monte
Sereno, Mountain View, Palo Alto, Saratoga, Stanford, Sunnyvale, West San Jose and un-incorporated areas
of Santa Clara County; and
WHEREAS, Supervisor Kniss was reelected in 2004 and in 2008, and is currently President of the
Board of Supervisors, a post she also held in 2005, and brings extensive experience in fiscal management and
public policy to the Board; and
WHEREAS, she serves on a variety of Committees, including the Health and Hospital Committee;
Housing, Land Use, Environment and Transportation Committee; Board of Directors of the County Library
Joint Powers Authority; and the County’s Disaster Council and many others; and
WHEREAS, her many years of community service also includes being a member of Rotary; service
on the League of Women Voters Board of Directors; United Way Board of Directors, and numerous advisory
councils and foundations dedicated to community betterment; and
WHEREAS, Supervisor Kniss was instrumental in convincing the Board of Supervisors to allow the
City of Saratoga, Los Altos Hills, Cupertino, and Monte Sereno to move forward with TEA Legislation,
which ultimately resulted in the partial restoration of the City’s property tax base.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, does
hereby recognize and commends Liz Kniss for her many years of public service and for her dedication to the
medical profession and to the betterment of the community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of March
2009.
______________________
Chuck Page, Mayor
S a r a t o g a , C a l i f o r n i a
8
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM: ____
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Proclamation Declaring the Month of March 2009 as “Colon Cancer Awareness
Month” and Declaring the City of Saratoga as a “Colon Cancer Free Zone”
RECOMMENDED ACTION:
Present proclamation.
REPORT SUMMARY:
The attached proclamation declares the month of March 2009 as “Colon Cancer Awareness
Month” and declares the City of Saratoga as a “Colon Cancer Free Zone”.
Saratoga residents Sid Faulkner and Jim Smaha will be present to accept the proclamation on
behalf of the American Caner Society (ACS). Both residents are members of the American
Cancer Society Blue Ribbon Advisory Committee to advocate for colon cancer screening and are
members of the ACS Colon Cancer Free Zone committee.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Attachment A – Copy of the proclamation
9
CITY OF SARATOGA
PROCLAMATION
DECLARING THE MONTH OF MARCH 2009
“COLON CANCER AWARENESS MONTH”
WHEREAS, colon cancer is the third most common cause of cancer deaths for
both men and women; and
WHEREAS, colon cancer is more than 90% preventable with the timely use of
existing colorectal cancer screening tests; and
WHEREAS, in Santa Clara County, 700 new cases will be diagnosed and
almost 240 will die of this preventable cancer; and
WHEREAS, colon cancer affects women and men equally; and
WHEREAS, this disease has a low screening acceptance – only 40% of the
Santa Clara County population get screened; and
WHEREAS, the American Cancer Society encourages adults over the age of
50 to discuss screening options with their physicians and take action immediately.
NOW THEREFORE, THE CITY OF SARATOGA DOES HEREBY proclaim
and recognize the month of March 2009 as
“COLON CANCER AWARENESS MONTH”
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this
18th day of March 2009.
______________________
Chuck Page, Mayor
S a r a t o g a , C a l i f o r n i a
10
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Disaster Service Worker Week – March 22-28, 2009 Proclamation
RECOMMENDED ACTION:
Read and present proclamation.
REPORT SUMMARY:
Proclamation recognizing Disaster Service Workers in Santa Clara County and their commitment
to respond and provide aid to their local government and members of their community in a
disaster, whether it be an earthquake, flood, terrorist attack or wildfire.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Disaster Service Worker Week Proclamation
1
11
2
12
CITY OF SARATOGA
PROCLAMATION
DECLARING THE WEEK OF MARCH 22 – 28, 2009
“DISASTER SERVICE WORKER WEEK”
WHEREAS, no one knows when the next big disaster will strike the South Bay, or whether it will be
an earthquake, flood, terrorist attack or wildfire; and
WHEREAS, public service employees are, by law, designated as Disaster Service Workers (DSW),
and required to assist in their government employers’ disaster response and recovery activities; and
WHEREAS, large-scale disasters will require a regional coordinated response, in which the County
of Santa Clara will support local cities including the City of Saratoga, with a primary goal to save lives and
property; and
WHEREAS, City of Saratoga disaster service workers will be required to aid the city’s disaster
response and recovery activities, and also may be called upon to aid the County in such efforts; and
WHEREAS, the County of Santa Clara is launching “Disaster Service Workers: Be Aware.
Prepare!,” a DSW Awareness Campaign to educate public service employees in the County, 15 cities and the
32 school districts, about their roles as Disaster Service Workers and typical tasks they may be asked to
perform; and
WHEREAS, Disaster Service Workers may be asked to assist in aiding displaced residents and
evacuees at temporary shelter locations; assist emergency personnel with mass evacuations;
distribute emergency supplies at government facilities and warehouses; and use specialized skills
such as language capabilities, certifications, first aid and CPR training; and
WHEREAS, if a disaster should occur, Disaster Service Workers will have responsibility for their
own personal safety and that of their families, so it is important that public service employees take steps now
to become informed, prepare their families and be ready, as they may not have the time or the necessary
supplies once the disaster strikes; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, does
hereby declare the week of March 22 – March 28, 2009 as Disaster Service Worker Week in Santa Clara
County and in the City of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 18th day of March
2009.
______________________
Chuck Page, Mayor
S a r a t o g a , C a l i f o r n i a
13
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Presentation by Jamie McLeod, Chair, Santa Clara County Recycling and Waste
Reduction Commission, on Issues Related to Single Use, Carryout Bags
RECOMMENDED ACTION:
Accept presentation by Jamie McLeod, Chair, Santa Clara County Recycling and Waste
Reduction Commission (SCRWRC), and City of Santa Clara Council member.
REPORT SUMMARY:
Ms. McLeod will present information about current efforts by the SCRWRC relating to
restrictions on single use, carryout bags.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
N/A
Page 1 of 1
14
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Presentation by Manny Diaz, Consultant for the American Chemistry Council, on
Issues Related to Single Use, Carryout Bags
RECOMMENDED ACTION:
Accept presentation by Manny Diaz, Consultant for the American Chemistry Council.
REPORT SUMMARY:
Mr. Diaz will present information about current efforts related to restrictions on single use,
carryout bags from the point of view of the plastic bag manufacturing industry.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
N/A
Page 1 of 1
15
Coalition to Support Recycling and
Oppose Single-Use Bans/Taxes
•California Independent Grocers Association
•Neighborhood Market Association
•California Restaurant Association
•7-Eleven Convenience Stores
•People’s Advocate, Inc.
•American Chemistry Council
Policy Options
1. Ban on plastic bags, no regulation on paper bags
2. Ban both paper and plastic
3. Ban plastic, fee on paper
4. Fees on paper and plastic bags
5. No punitive regulation but positive promotion of
rebates, AB 2449, and reusable bags; litter clean-
ups; recycling infrastructure; public education;
litter enforcement.
Plastic shopping bags represent LESS THAN 0.7 % of the
total U.S. municipal solid waste stream.
Because they are fully recyclable, why can’t we work together
to lower that number to ZERO PERCENT?
Reality Check: A Drop in the Bucket
Benefits of Plastic Bags:
Conservation of Natural Resources
•Plastic bags generate 80% LESS
WASTE than paper bags
• It takes 91% LESS ENERGY to
recycle a pound of plastic than it
takes to recycle a pound of paper
• The production of plastic bags
consumes LESS THAN 6% OF
THE WATER needed to make
paper bags.
Reality Check: Energy Efficient
Plastic bags require 70% less energy to make than paper bags.
Contrary to public perception, plastic bags in the United States are made
primarily (80%)of ethane – a by-product of domestic natural gas.
Reality Check: Less Air Pollution
Just 1 delivery truck full of plastic bags
Requires 7 trips for the same number of paper bags
And plastic bags generate 50% FEWER greenhouse gas
emissions compared with the manufacturing of paper bags.
16
Boustead Lifecycle Assessment:
Results
Impact Summary of Various Bag Types
(Carrying Capacity Equivalent to 1000 Paper Bags)
Paper
(30% Recycled
Fiber)
Compostable
Plastic
Polyethylene
Total Enegy Usage (MJ) 2622 2070 763
Fossil Fuel Use (kg) 23.2 41.5 14.9
Municipal Solid Waste (kg) 33.9 19.2 7.0
Greenhouse Gas Emissions
(CO2 Equiv. Tons)0.08 0.18 0.04
Fresh Water Usage (Gal) 1004 1017 58
Benefits of Plastic Bags:
Convenient & Affordable
Plastic Bags
are especially
convenient
and affordable
for seniors,
people who
take public
transportation,
and others on
fixed incomes.
MORE THAN 90% of Americans Reuse their Plastic Bags!
Benefits of Plastic Bags: Reuse
Ireland is often cited as having reduced
plastic grocery bag usage by 90+% after
taxing each bag.
Not told when the statistic is cited is that
overall sales of other plastic bags shot up
400% as consumers were forced to
purchase replacement bags for the grocery
bags they once were able to reuse.
Unintended Consequences
Unintended Consequences
20
22
24
26
28
30
32
34
1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Total Ireland Bag Imports (thousands of tonnes)
Tax Imposed
Study of Grocery Bag Use in San Francisco
¾All food chains affected
by the ordinance have
switched to paper bags
¾The number of
consumers bringing their
own bags was found not
to be greater than in other
cities
¾Paper use was judged to
be excessive.
Source: Use-less-stuff.com (Sept.,
2008)
17
Recycling is the Answer
California was the first state in the nation to establish recycling
as a smart policy decision, mandating or requiring plastic bag
recycling programs.
And many large grocery and retail chains have implemented at-
store recycling programs on their own.
Recycling is the Answer
Plastic bags can be recycled into park benches, decking for boardwalks
and porches, pallets and even back in to plastic bags.
Across the nation,
plastic bag
recycling is
catching on.
In 2006, the
recycling of plastic
bags and wraps
shot up to 812
million pounds, a
24% INCREASE
in a single year.
Recycling is the Answer
And the
momentum
continues to
build.
People are
recycling
plastic bags
like never
before.
In addition to recycling plastic grocery and retail bags,
these programs allow shoppers to recycle their plastic
dry cleaning bags, newspaper bags, and bread bags
as well as wraps from paper towels, napkins,
diapers and toilet paper.
Banning plastic bags would eliminate programs to
recycle other products that are currently recycled with
plastic bags.
Recycling is the Answer
Municipalities here are playing a big role in increased recycling opportunities:
Los Angeles County
Hesperia, CA
Solana Beach, CA
New York, NY
Los Angeles County
Hesperia, CA
Solana Beach, CA
New York, NY
Recycling is the Answer
Chicago, IL
Phoenix, AZ
Tempe, AZ
Austin, TX
Albany Co., NY
Nassau Co., NY
Rockland Co., NY
Suffolk Co., NY
Chicago, IL
Phoenix, AZ
Tempe, AZ
Austin, TX
Albany Co., NY
Nassau Co., NY
Rockland Co., NY
Suffolk Co., NY
Elsewhere, the plastic bag recycling movement is growing:
•Build and Maintain Recycling Infrastructure
•Public Education
•Promote Recycling at Grocery Stores and
Pharmacies
•Drop-off recycling and not curbside
•Expand litter abatement efforts
•Collective work of all stakeholders
•Better enforcement of litter laws
.
Positive Alternate Policy
18
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: California Stormwater Quality Association (CASQA) Presentation of Awards
RECOMMENDED ACTION:
Listen to a short presentation from Kelly Carroll, Manager of West Valley Clean Water Program
and receive awards.
REPORT SUMMARY:
Tonight the City is receiving 2 awards from CASQA – the California Stormwater Quality
Association. Saratoga earned these awards through work done by its stormwater agency, West
Valley Clean Water Program (WVCWP). WVCWP staff participated in committees which
developed the two award-winning projects. The committees are part of our Santa Clara Valley
consortium of cities, towns, and agencies – “SCVURPPP” (Santa Clara Valley Urban Runoff
Pollution Prevention Program). This program was created by all Santa Clara County
municipalities, and several agencies, to help meet requirements of our EPA Stormwater
Discharge Permit. SCVURPPP involves representatives from Santa Clara County itself, from
each Santa Clara County municipality, and the Santa Clara Valley Water District. Together
these staff members work on a variety of projects aimed at meeting requirements of the
Stormwater Permit.
Saratoga’s staff, through its stormwater agency WVCWP, was integrally involved in creating
these award-winning projects.
In selecting the award-winning projects, CASQA reviewed projects from throughout the State,
related to preventing stormwater pollution. One award honored the “Trash Toolbox” program.
This addresses litter which can end up in our local creeks, and ultimately in the San Francisco
Bay and the Pacific Ocean. The “Trash Toolbox” addresses sources of trash, trash pathways into
our creeks, and methods of controlling this trash problem. The “Trash Toolbox” program stood
out from competition throughout the state of California, and received the award for “Stormwater
Research Project of the Year”.
The other CASQA award honored the “Green Gardener” program. This was the “Stormwater
Information/Outreach Award”, and it was shared with several other California programs which
have also implemented Green Gardener programs. The Green Gardener program for Santa Clara
County is especially aimed at reaching small landscaping contractors who might not otherwise
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have access to this type of training. The emphasis of the training is to learn to implement
landscaping practices which reduce harmful runoff into our water systems. This includes
reducing use of pesticides and inorganic fertilizers. Classes are available in English and in
Spanish, and some tuition subsidies have been provided by SCVURPPP members. It is hoped
that local residents will seek out landscapers who’ve undertaken the Green Gardener training.
Landscapers using these techniques provide homeowners with a healthier yard, and also help to
reduce pollution in our creeks.
Further information on the Trash Toolbox and Green Gardener programs are available by
contacting WVCWP at: info@cleancreeks.org
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Posting of the agenda.
ATTACHMENTS:
Water Quality Monitoring and Watershed Assessment Report
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SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – March 4, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the March 4, 2009 City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from March 4, 2009 – City Council meeting.
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MINUTES
SARATOGA CITY COUNCIL
MARCH 4, 2009
Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice
Mayor Kathleen King, Mayor Chuck Page
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
Cynthia McCormick, Assistant Planner
Crystal Morrow, Administrative Analyst
REPORT OF CITY CLERK ON POSTING OF AGENDA
Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of March 4, 2009, was properly posted on February 27, 2009.
ORAL COMMUNICATIONS
Emily Lo addressed the council regarding the potential relocation of the Saratoga
Chamber of Commerce office building they are currently renting on Big Basin. Ms. Lo
asked the Council to consider assisting the Chamber with the use permit fee or to allow a
permitted use. Ms. Lo also stated that if the Chamber has to relocate they would like a
store front location on Big Basin Way, in order to continue serving the visitors,
businesses, and residents in the Saratoga community.
Norm Koepernik, Chair of the Mustard Faire, provided an update on the March 1st
Mustard Faire event noting that the banner came down twice due to heavy rains and wind
and noted that approximately 600 people attended despite the inclement weather. Mr.
Koepernik read an email commending the organizers of the Mustard Faire event.
Janice Gamper addressed the Council regarding the “Wear Your Helmet” day and asked
for Council’s assistance regarding that event.
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DIRECTION TO STAFF
Vice Mayor King requested agendizing the potential relocation of the Chamber of
Commerce office and assistance regarding the cost of the Conditional Use Permit for a
new location. Mayor Page seconded this agenda request.
Councilmember Hunter responded to Ms. Gamper’s comments and noted that the “Wear
Your Helmet” day has been agendized on the June 3, 2009 Council meeting agenda and
invited Ms. Gamper to attend that meeting.
Councilmember Hunter also thanked Norm Koepernik for all the work the Mustard Faire
Committee did to organize this year’s event.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Mayor Page reported that representatives from the various public and private schools
serving the community of Saratoga met in a Joint Meeting with the Council prior to the
Regular Meeting this evening, along with several representatives from the Saratoga
Library. Mayor Page noted this was a very productive meeting and noted that many of the
school representatives commended School Resource Officer, Deputy Dan Cutforth, for
the terrific job he does at the various schools helping students and providing Code Red
Drills.
ANNOUNCEMENTS
Councilmember Hunter invited everyone to attend the St. Patrick’s Day party on March
14th from 3:00 to 5:00PM in the Village.
Mayor Page invited Marge Hand, representative from the West Valley Light Opera, to
come up to the podium and speak about their upcoming production of “Cats”. Ms. Hand
noted they are in their 44th season of presenting Broadway Musicals at the Saratoga
Theater, thanked everyone for their assistance in setting up performance sets, and invited
everyone to the final preview of “Cats” this Friday evening.
Mayor Page also announced that Council would be testing a new procedure for tonight’s
meeting, which is the Rosenberg’s Rules of Order, noting that there wouldn’t be a
noticeable difference in the manner of how the meeting was conducted. The Mayor noted
that the only exception from the new rules was that Council questions and discussion of
the item may preceed a motion.
CEREMONIAL ITEMS
1. COMMENDATION HONORING REDWOOD MIDDLE SCHOOL BAND &
AUXILIARY UNITS
STAFF RECOMMENDATION:
Present commendation.
Mayo Page presented the commendations to Vicki Wyant, Director and Coordinator
of Music for the Saratoga Union School District and Assistant Music Director,
Jonathan Jow.
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Students from the Redwood Middle School Band and Auxiliary Units were present
and acknowledged.
2. APPOINTMENT OF HERITAGE PRESERVATION COMMISSIONER AND
OATH OF OFFICE
STAFF RECOMMENDATION:
Adopt resolution appointing Joan Gomersall to the Heritage Preservation
Commission and direct the City Clerk to administer the Oath of Office.
City Clerk Ann Sullivan administered the Oath of Office to Heritage Preservation
Commissioner Joan Gomersall.
RESOLUTION NO. 09-012
NAGPAL/MILLER MOVED TO ADOPT RESOLUTION APPOINTING JOAN
GOMERSALL TO THE HERITAGE PRESERVATION COMMISSION.
MOTION PASSED 5-0-0.
SPECIAL PRESENTATIONS
3. PRESENTATION BY KELLY FERGUSON, SIEMENS BUILDING
TECHNOLOGIES, INC.
STAFF RECOMMENDATION:
Accept presentation by Kelly Ferguson, Ph.D., P.E., LEED® AP, Business
Development Manager, Siemens Building Technologies, Inc.
Kelly Ferguson presented information about a proposed Energy Management
Program for the City of Saratoga.
CONSENT CALENDAR
4. CITY COUNCIL MINUTES – JUNE 20, 2007
STAFF RECOMMENDATION:
Approve minutes.
NAGPAL/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES –
JUNE 20, 2007. MOTION PASSED 5-0-0.
5. MINUTES – CITY COUNCIL RETREAT - JANUARY 30, 2009
STAFF RECOMMENDATION:
Approve minutes.
Councilmember Hunter removed this item for clarification.
Councilmember Hunter noted that her comment on page 2 regarding the
Rental/Square Footage Requirement for mixed use in commercial area overlay was
incorrectly noted in the minutes and would like the phrase “Okay with 1,250 square
feet requirement” corrected to read “Remove rental requirement”. In addition,
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Councilmember Hunter noted that on item “Conditional Use Permit (CUP) Review
on page 5 – would like to correct her comment supporting the “Elimination of CUP
fees” to be corrected to read that she supports “Elimination of some CUP fees”.
HUNTER/MILLER MOVED TO APPROVE MINUTES –CITY COUNCIL
RETREAT – JANUARY 30, 2009 AS AMENDED. MOTION PASSED 5-0-0.
6. CITY COUNCIL MINUTES – FEBRUARY 4, 2009
STAFF RECOMMENDATION:
Approve minutes.
NAGPAL/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES –
FEBRUARY 4, 2009. MOTION PASSED 5-0-0.
7. CITY COUNCIL MINUTES - FEBRUARY 18, 2009
STAFF RECOMMENDATION:
Approve minutes.
NAGPAL/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES –
FEBRUARY 18, 2009. MOTION PASSED 5-0-0.
8. TREASURER’S REPORT FOR THE MONTH ENDED JANUARY 31, 2009
STAFF RECOMMENDATION:
City Council review and accept the Treasurer’s Report for the month ended January
31, 2009.
NAGPAL/MILLER MOVED TO ACCEPT TREASURER’S REPORT FOR THE
MONTH ENDED JANUARY 31, 2009. MOTION PASSED 5-0-0.
9. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for Accounts Payable cycles:
February 12, 2009
February 19, 2009 (None)
NAGPAL/MILLER MOVED TO ACCEPT THE CHECK REGISTER FOR
ACCOUNTS PAYABLE CYCLE FEBRUARY 12, 2009. MOTION PASSED
5-0-0.
10. ADOPTION OF ORDINANCE REGARDING TERMS FOR CITY
COMMISSIONS
STAFF RECOMMENDATION:
Waive the second reading of the proposed ordinance regarding terms for City
Commissions.
ORDINANCE NO. 264
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NAGPAL/MILLER MOVED TO WAIVE THE SECOND READING OF THE
PROPOSED ORDINANCE REGARDING TERMS FOR CITY
COMMISSIONS. MOTION PASSED 5-0-0.
PUBLIC HEARINGS
11. FY 2009/10 COMMUNITY DEVELOPMENT BLOCK GRANT AND
COMMUNITY GRANT FUNDING ALLOCATIONS
STAFF RECOMMENDATION:
Conduct the Public Hearing and make a decision regarding allocations.
Mayor Page noted that this item was continued from the February 18, 2009 meeting.
Cynthia McCormick, Assistant Planner, was present to provide additional information
regarding this item.
Ms. McCormick noted that the total requested funding was $126,231 and that three of
the requests may be partially funded with CDBG Public Service Funds and one
request may be partially funded with CDBG Rehabilitation Funds. In addition, she
noted that the County had just informed her that the available estimates would be a
little different. The total funds available isn’t expected to be less, however, the
distribution of funds will be slightly different. Previously the available Public
Service funds were $32,000 and now it will be $27,057; and the ADA Public
Improvements and Rehabilitation funds were $69,000 and now it will be $74,010,
which creates a shortfall of approximately $17,487 in requested funding. She noted
she would know by the beginning of the new Fiscal Year as to the final available
CDBG funding amounts.
Mayor Page noted that Council’s policy from 2008 was to match the Community
Fund portion of CDBG, which was $32,000. Mayor Page stated that now the amount
has been reduced to $27,057 – Council could match that and add the remaining
$22,000 – this would leave about $5,000 less.
Mayor Page distributed a new funding category worksheet to the Council Members
depicting the new amounts and asked Council if they would like to match what they
originally estimated, which was $32,000 – plus the $22,068 that was left from last
year; or follow Council’s policy, which would be to match the $27,057 and add in the
$22,068. Mayor Page noted that Council can fund everything that was requested
except for one project.
Councilmember Miller noted he would like to move to approve the lower matching
CDBG funds and add the remaining $22,068 funds from October 2008.
Vice Mayor King stated she would like to add a friendly amendment by using those
funds for the requests in the Community Grant and Public Service columns before
considering other requests.
Council discussion:
Councilmember Miller asked if the funds contributed by the City can be distributed in
any category.
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Mayor Page responded that they could.
Mayor Page asked Vice Mayor King to clarify her friendly amendment that if any
funds were left over, they couldn’t be applied to the other categories.
Vice Mayor King stated that she didn’t mean that; she was only referring to the first
two columns on the funding chart – Community Grant and CDBG Public Service
requests – for the funds that were just approved in the motion to match CDBG funds
with the addition of the remaining October 2008 funds of $22,068.
Mayor Page asked if there was a second to Vice Mayor King’s friendly amendment.
Councilmember Nagpal seconded Vice Mayor King’s friendly amendment request.
Mayor Page invited public comment.
No one requested to speak at this time.
Mayor Page noted this would end the discussion for this portion of the funding
distribution and reiterated the motion made and seconded by Councilmember Miller
and Nagpal – to match the current CDBG amount, which is smaller than originally
estimated, and to use those funds for the requests under the Community Grant and
CDBG Public Service categories.
MILLER/NAGPAL MOVED TO APPROVE THE LOWER MATCHING CDBG
FUNDS AND ADDING THE $22,068 REMAINING FUNDS FROM OCTOBER
2008. MOTION PASSED 5-0-0.
Discussion continued regarding the combined funding of $76,182 – with funding
going first to the CDBG Community Grant and Public Service category.
Mayor Page opened the public hearing and invited public comment.
The following people requested to speak on this item:
Phyllis Wiener, member of West Valley Community Services (WVCS) Board spoke
on behalf of WVCS and all that they do for the community.
Vicki Yang thanked the Council for the money they provided WVCS last year. She
noted the Federal stimulus package will be available soon and hoped the City could
look at new ways to partner with non-profit organizations in the community. In
addition, she noted the students and parents at Blue Hills Elementary School in
Saratoga held a food drive for WVCS.
Cindy Ruby stated she wanted to clarify a misconception from the February 18, 2009
meeting. She noted the application for an architectural plan for ADA improvements
to the Saratoga Foothill Club House is not from the Saratoga Foothill Club, it is from
a separate Historic Landmark Foundation. She thanked the Council for the public
process and hoped they would award them a community grant to be used for ADA
improvements at the Foothill Club.
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Mayor Page closed the public hearing.
Council discussion:
Vice Mayor King noted it would be nice if Council could fund each of the local
agency requests and suggested Council move forward with Community Grants and
public service requests.
Councilmember Hunter stated she supports that as well.
Mayor Page asked if Council would like to vote on the funding allocations for the
first six agency requests in the Community Grant and CDBG Public Service
categories.
MILLER/HUNTER MOVED TO APPROVE THE FUNDING REQUESTS FOR
THE FOOTHILL CLUB - $13,500, KSAR - $4,617, SHADY SHAKESPEARE -
$2,500, CATHOLIC CHARITIES - $5,000, SASCC - $35,000, WVCS - $15,164,
AND TO MOVE THE $401 EXCESS FUNDING TO THE REMAINING
CATEGORIES. MOTION PASSED 5-0-0.
Vice Mayor King noted a friendly amendment to the motion that she would like the
excess $401 to be given to SASCC (Adult Care Center).
Mayor Page seconded this motion.
MILLER/HUNTER MOVED TO APPROVE THE REMAINING EXCESS
FUNDING OF $401 TO BE ALLOCATED TO SASCC (ADULT CARE
CENTER). MOTION PASSED 5-0-0.
Council moved on to the CDBG Rehabilitation and CDBG Public Improvements
category for $74,010; and the SHARP Administration for $13,000 and CDBG
Administration for $15,000.
MILLER/HUNTER MOVED TO FUND THE REQUESTED $13,000 FOR THE
SHARP PROGRAM AND THE REQUESTED $15,000 FOR CDBG
ADMINISTRATION. MOTION PASSED 5-0-0.
Councilmember Miller raised the question regarding Mid-Peninsula’s request for
$50,450 and that it was his understanding that there could be other sources of funding
available for their project through a previous joint project in Campbell.
City Manager Dave Anderson noted that several years ago there was a project that
Mid-Peninsula asked Saratoga to fund in Campbell to upgrade a multi-family
neighborhood in conjunction with Campbell and Saratoga provided $100,000 to that
project. Subsequently, Mid-Peninsula then asked the City for a loan forgiveness on
those monies. The City Council responded that they would rather have Mid-
Peninsula apply that $100K credit to the Mid-Peninsula project in Saratoga; and they
have now requested funding to re-pave the street adjacent to the existing project and
to place speed humps on it as well.
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Councilmember Miller noted that if Council didn’t fully fund the Mid-Peninsula
request, they have another source of funding in conjunction with the City that could
potentially be used for them to complete their project.
City Manager Dave Anderson stated the City has been working with Mid-Peninsula
to apply the credit and to build up cash in the local Saratoga project for
improvements. He noted they have recently completed substantial rehabilitation work
on the Saratoga project.
Councilmember Nagpal inquired if Council doesn’t allocate the $50,450
Rehabilitation money to a specific project, what happens to the money.
City Manager Dave Anderson stated the Federal Government prefers that each city
spend its allocation each year.
Councilmember Hunter asked if Council decides that it isn’t prudent to fund the Mid-
Peninsula request – is it too late to fund something else in the City at this late stage.
Assistant Planner Cynthia McCormick stated Council could allocate those funds to
the SHARP program, which is the rehabilitation loan program for the City, and
administered by the County. The City could advertise that they have that loan
amount available. In addition, she noted the funding recommendations aren’t due to
the County until March 27, 2009 and that there is one more public hearing where
Council can conduct further discussion.
Councilmember Hunter noted she has concerns and would like to hear more from
Mid-Peninsula regarding their request for funds.
Mayor Page noted there are additional ADA sidewalk projects in the community that
Council could fund if they don’t grant Mid-Peninsula’s funding request.
City Manager Dave Anderson stated Council could vote tonight on the allocation of
all the other segments, continue the public hearing one more time to discuss
allocation of this remaining segment.
Community Development Director John Livingstone noted the ADA program is a
four-year program and Council could apply those remaining funds to that program
now.
Councilmember Miller noted that when the representative from Mid-Peninsula
addressed the Council at the last meeting, he was asked if there were other sources of
funding available to them and how urgent their project was. Councilmember Miller
stated his response left him unconvinced that the Mid-Peninsula’s item was urgent.
Councilmember Miller suggested Council move on to the remaining two items in the
Public Improvements column – Facilities and Public Works for a total of $46,391,
leaving an amount of $27,691 left over – if not given to Mid-Peninsula, and continue
the public hearing to the next meeting to discuss if any of the remaining funds should
go to the Mid-Peninsula project or to some other projects in the community.
MILLER/NAGPAL MOVED TO APPROVE FUNDING ALLOCATIONS OF
$4,464 FOR FACILITIES AND $41,927 FOR PUBLIC WORKS AND
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CONTINUE PUBLIC HEARING TO THE MARCH 18, 2009 COUNCIL
MEETING TO DISCUSS ALLOCATION OF THE REMAINING BALANCE
OF $27,619 TO EITHER MID-PENINSULA OR SARATOGA PUBLIC
WORKS. MOTION PASSED 5-0-0.
OLD BUSINESS
12. 2009 SPRING ISSUE OF THE SARATOGAN
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Administrative Analyst Crystal Morrow presented the staff report.
Ms. Morrow presented the proposed articles for the spring edition of The Saratogan
and asked Council to provide suggestions for additional articles that they would like
to see in the spring edition as well as future editions.
The following suggestions were made:
Councilmember Hunter:
o “Shop Local” in a box-style ad urging people to shop in Saratoga stores.
o Acknowledgement of Public Works Department for the street beautification
(trees and flowers) on Miller Avenue.
Councilmember Miller:
o Article recognizing Public Works Department for all the new sidewalk
improvements throughout the community.
Vice Mayor King:
o Article acknowledging allocation of grant money for public works projects
and specific projects worked on with the grant money.
o Question/Answer article on Saratoga’s Business License done in the “Ask
Jana” format.
Councilmember Nagpal:
o New City Website design coming soon.
o Article on “Saratoga Serves”.
Mayor Page:
o Would like to see The Saratogan go green. Ask residents if they would like to
receive The Saratogan electronically and then direct them to a website link to
request electronic copy.
NEW BUSINESS
13. ENERGY MANAGEMENT PROGRAM FOR CITY OF SARATOGA
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
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Barbara Powell, Assistant City Manager, presented the staff report and noted Kelly
Ferguson, Business Development Manager for Siemens Building Technologies, Inc.
was available to answer any questions Council may have.
Ms. Powell noted that at the beginning of the meeting this evening, Ms. Ferguson
provided a presentation on a proposed Energy Management Program for the City of
Saratoga. This program involves a no-cost preliminary study by looking at potential
energy savings through targeted facility improvements. They would do a cash-flow
analysis and determine how the improvements could be paid through utility savings.
Once the preliminary study has been completed there would be an implied
understanding that the City would enter into a Letter of Intent with Siemens. During
this phase, Siemens would conduct a more detailed audit as well as a more detailed
financial plan. The cost for this phase of the program – together with any facility
improvements that the City would agree on – would be paid through anticipated
utility savings.
Ms. Powell noted that Siemens’ program takes advantage of recent changes in State
law that allows the City to use a “design-build” approach, in which Siemens would
act as the designer as well as the General Contractor for proposed facility
improvements. In addition, if the City decided to independently bid the proposed
facility improvements or to go out to bid for a design-build contractor, the City would
then be obligated to pay Siemens for the costs associated with the work they
performed up to that point.
City Attorney Richard Taylor stated that this is a very different contracting procedure
and the City is free to proceed with Siemens or do Request for Proposals (RFP’s) on
their own.
Vice Mayor King asked for clarification that the City could sign up for the
Memorandum of Understanding (MOU), get the results and stop there; and that there
would be another decision point after that – before the City would enter into a Letter
of Intent.
Ms. Powell noted that was correct and the City would have the option to work with
Ms. Ferguson regarding the wording of the MOU, however, there is an implied
understanding that the City would enter into a Letter of Intent.
City Attorney Richard Taylor added that Council would want to provide direction to
staff as to what level they want to proceed and specify that to Siemens. You would
want to receive the report, evaluate the report and then decide the next step – with no
restraints. If Council decides to go with Siemens and still would like to reserve the
right not to – that should be clearly stated in the MOU.
Councilmember Nagpal stated that if the City decides to go with the initial study, she
would prefer that the second decision point is not made without having a comparative
report from another company.
Mayor Page noted the Council would have the opportunity to either accept Siemens’
report or seek the evaluation and opinion of another company; however Siemens does
guarantee the City will realize savings and the longer we wait – the less savings we
will see.
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Vice Mayor King added that she would like the MOU to reflect that there is a second
decision point before the City is committed to the Siemens’ program since Saratoga
would only be the second city that has entered into an agreement with them at this
point.
Mayor Page noted the wording in the MOU could say “Should the council agree to a
preliminary study they may sign a Letter of Intent”.
Councilmember Miller agreed with his fellow Council Members and noted that the
Council should be as open as they can with the wording in the MOU.
Councilmember Nagpal noted that she would prefer that staff contact another
company to provide an analysis and potential energy savings report for the City so
that Council could make their decision to move forward based on two competitive
studies, not just one.
Councilmember Hunter stated she is interested in Councilmember Nagpal’s
suggestion and added the Federal Government is about to enter into energy savings
programs and she would like to take some time moving forward on this as there may
be some major changes regarding energy in the future.
City Manager Dave Anderson noted that Ms. Ferguson stated in her presentation the
City could bid out specific items such as in the larger capital areas; the City could
append a bidding procedure on Siemens’ project.
Ms. Ferguson responded that one of the values of the project is to package everything
together – so if you have a longer pay-back item you are leveraging the shorter pay-
back items to pay for the longer pay-back items. Therefore, if you separate items or
parts of the project, you lose some of the power of performance contracting. Ms.
Ferguson added that if the City had a preferred local vendor to do some of the work
that would be acceptable.
Direction to Staff:
Staff should move forward with the Siemens’ MOU and removing the phrase
“implied commitment” from the draft MOU.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Chuck Page – reported:
Hakone Foundation Executive Committee – a team of 12 gardeners from Japan, including
a Master Gardener, visited Hakone Gardens. They walked around the garden and created
a plan for a true Japanese Garden. One of the changes that you will notice immediately is
the removal of the three little steps entering the garden area to the bridge and the creation
of more step work; Sister City families hosted many of the visiting gardeners.
West Valley Mayors and Managers Association Council Finance Committee – met and
most of the discussion was about VTA and the lack of funding; funding for mass transit is
down; and VTA is considering the possibility of eliminating some routes; decreasing the
number of runs on some routes, and possible layoffs.
Vice Mayor Kathleen King – reported:
Hakone Foundation Board – noted there are a lot of very nice new changes at Hakone.
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West Valley Flood Control Zone & Watershed Advisory Committee – reminded staff tht
this issue needs to go into the Housing Element.
SSC Cities Association Executive Board – everyone is invited to attend the meeting on
April 9th and would like staff to note this date on the Council Calendar. The next meeting
is next Thursday and there will be a representative from the Health Trust who will be
giving a presentation about the fluorinated water issue. Palo Alto is the only city in Santa
Clara County that has fluorinated water.
Councilmember Jill Hunter – reported:
Historical Foundation – will be featuring the “John Brown Family Coming to Town” and
people can visit the Historical Foundation Website for more information regarding dates
and times.
Library Joint Powers Association – they have lowered the fines on videos that are
returned late and increased the late fines on books; have had discussions on the Teen
Program; they are running a survey to see why people aren’t going to libraries. Part of
survey will be conducted from the libraries and there will be cold-calling as well.
Saratoga Library has not experienced this problem, always a good turnout at the Library.
Liz Kniss spoke about Poet Laureate at the County Library and they have received a very
large number of applications for poets, including a number of recommendations for
people in Saratoga as Santa Clara County’s Poet Laureate.
Councilmember Howard Miller – nothing to report at this time.
Councilmember Susie Nagpal – reported:
County HCD Policy Committee – met and they discussed CDBG funds; will do funding
allocations at the next meeting.
SASCC – attended the Board meeting last week and they announced their Annual
Spaghetti Feed on April 4 at 5:00PM. SASCC has approximately 740 members and 500
of those members are Saratoga residents; they have created a variety of new programs,
including ballroom dancing and acrylic painting.
Sister City Liaison – met a couple days ago; dates for 25th Anniversary are November 5-7
and there is a city hall event scheduled on the 6th and a banquet on the7th.
CITY COUNCIL ITEMS
Vice Mayor King: Spoke about Berkeley’s bonding for Solar Panels. Would like this as
an agenda item to see how the City could make solar available for the residents.
Vice Mayor King would like to agendize a presentation to hear about the fluoridation
issue, noting Liz Kniss has made this a priority for the next five years.
Council agreed to wait until after next week’s Cities Association meeting to decide if
they want to agendize the fluoridation presentation. Mayor Page and Vice Mayor King
will make a report to Council regarding the Health Trust fluoridation presentation at that
meeting.
CITY MANAGER’S REPORT
None
ADJOURNMENT
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There being no additional business, Mayor Page asked for a motion to adjourn the
Regular Meeting.
MILLER/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT
9:35P.M. MOTION PASSED 5-0-0.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: CUP Study Session Minutes – March 3, 2009
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the March 3, 2009 CUP Study Session meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from March 3, 2009 – CUP Study Session meeting.
39
MINUTES
CUP STUDY SESSION
SARATOGA CITY COUNCIL
&
SARATOGA PLANNING COMMISSION
MARCH 3, 2009
Mayor Page called the CUP Study Session to order at 6:00PM.
PRESENT: COUNCILMEMBERS:
Jill Hunter, Susie Nagpal, Howard Miller, Vice Mayor Kathleen
King, Mayor Chuck Page,
PRESENT: PLANNING COMMISSION:
Rishi Kumar, Linda Rodgers, Joyce Hlava,
ABSENT: Manny Cappello, Robert Kundtz, Yan Zhao, Mary-Lynne Bernald
ALSO PRESENT: Dave Anderson, City Manager
John Livingstone, Community Development Director
Ann Sullivan, Acting City Clerk
Mayor Page invited public comment on non-agendized items.
No one requested to speak at this time.
Community Development Director John Livingstone presented the staff report – Review the
Requirements for Conditional Use Permits (CUP).
Director Livingstone noted that at the February 4, 2009 City Council meeting Council reviewed the fees
associated with Conditional Use Permits. Council also expressed an interest in reducing the cost, time
and uncertainty of obtaining a Conditional Use Permit. The focus of tonight’s meeting is to discuss the
options available to Council. Some options could be implemented with budget resolutions on the
consent calendar at the next Council meeting; others could be accomplished with amendments to the
City Code that would not require environmental review. The following are some of the options
discussed by the City Council at the February 4th meeting in each of these categories:
Items that could be acted upon at the next Council Meeting:
o Lower the cost of use permits by subsidizing the Conditional Use Permit fee to encourage new
business development in the City of Saratoga.
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o Create an incentive program by waiving the fee for the first three (or some other number) CUP’s
for a specific use or uses.
Code Amendment not requiring environmental review:
o Create an Administrative Review Process with a Zoning Administrator to hear some of all use
permit applications. The current CUP costs $4,400 plus a $300 document storage fee. The new
process would cost approximately $4,000 plus the document storage fee. The new process
would avoid the time required to have matters heard by the Planning Commission.
o Create a streamlined administrative review process for some or all CUPs similar to the current
Administrative Design Review process where letters are sent out stating “Notice of Intent to
Approve” that allows interested parties to submit written comments within a 15 day period. This
process would cost approximately $3,400 which is the same fee as an Administrative Design
Review which does not require a formal hearing.
o Create an administrative process using one of the options above but allowing appeals only to go
straight to the City Council. This would reduce the steps in the process that would be
encountered by an applicant.
o Creat an Administrative approval process using one of the options above but liited to only certain
uses or uses below a certain threshold (such as 3,000 square feet).
Code Amendments that would require environmental review:
o Allow community facilities such as a Visitor Center or Chamber of Commerce to be a Permitted
Use.
o Allow specific uses to be Permitted Uses. Suggestions made during the last City Council
meeting are Family Style Restaurants, Breakfast Restaurants, and Establishments that engage in
the sale of alcoholic beverages, Ice Cream Parlors, Bakeries and Markets.
Mayor Page noted there has been a considerable amount of discussion regarding the CUP – both at the
January 30th Council Retreat and the February 4th Council meeting and this meeting would provide an
opportunity for members of the Planning Commission to be familiar with the various CUP options that
Council will be considering. He noted that previous discussions included creating an Administrative
Review process with a Zoning Administrator to expedite the CUP process, lowering the fees by
providing subsidies for certain types and sizes of businesses.
Mayor Page invited public comment and the following people requested to speak:
Paul Hernandez:
¾ Doesn’t favor one business over another
¾ Supports a Zoning Administrator and if this person has a significant amount of authority there
should be an easy appeal process to the Planning Commission
¾ Feels the $700 appeal fee is a barrier to an appeal procedure
¾ Certainty issue is not important if CUP Fee is lowered
¾ Consider an installment process for paying CUP fee
Council’s response to the suggested installment payment process for CUP fees:
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The City doesn’t make a profit on these fees; it is trying to recoup the staff time cost involved in the
permit process and if the City allowed installment payments the City would not be able to recoup those
costs, especially if a business closed after one year or the permit was denied.
Craig Awbrey supports:
¾ Eliminating the Planning Commission hearing level;
¾ Administrative approval for small uses
¾ Certainty issue not as important as lowering the CUP fee
¾ Certainty issue is important if the CUP fee is high
¾ The Saratoga Barn is about 70% leased and voiced concerns about the remaining 30% that is
vacant. Interested businesses voice concerns about the uncertainty of the CUP process, length of
time and fees
¾ City should consider allowing business offices with retail in the back at the Saratoga Barn; an
Art School expressed interest in his building and he doesn’t know if this type of business would
require a Conditional Use Permit
Councilmember Hunter inquired why Craig Awbrey’s property would be zoned for retail.
Director Livingstone replied that it is considered “frontage” and it is on Third Street.
Vice Mayor King asked if Mr. Awbrey could apply for a Use Permit for some “office use” space for
some of his vacant property and then bring in some businesses.
Director Livingstone replied that he could do that and he would have to pay the Use Permit fee.
Marilyn Marchetti:
¾ Spoke on behalf of the Saratoga Chamber of Commerce and the services the Chamber provides
to the community and City
¾ Doesn’t understand why the Chamber would require an Environmental Review
¾ Supports Permitted Use
Mayor Page clarified that it isn’t the Chamber specifically that would require the environmental review;
it’s caused by changing from a Conditional Use Permit to a Permitted Use for a given type of business.
The State requires the City to go through the Environmental Use Review to ensure that the use won’t be
detrimental to the environment now they it has been made a Permitted Use.
Emily Lo:
¾ Supports Permitted Use for Chamber of Commerce and for Visitor’s Center
¾ Visitor’s Center provides service to city by providing service to visitors and tourists.
¾ Matter of time before Chamber will have to relocate.
¾ City should consider allowing Permitted Use to Chamber as Visitors Center or Chamber will
have to relocate to a less desirable location due to fee requirement costs
Gene Zambetti:
¾ Issues regarding CH1 and CH2 – Would like to see the CUP fees cut in half
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¾ Area of uses and the number of vacancies on Big Basin - would like to see the CH1 District
regulation that says professional, administrative and medical offices can be located on the
frontage of Big Basin Way apply to the CH2 area where his property is. Currently a professional
business wanting to go into his building would have to go through the CUP process.
¾ Supports vacant stores that are next to Lupretta’s as a professional or administrative use – not
required to be on second floor
¾ There is a demand for professional and medical offices and currently they have to be on the
second floor or in the back
¾ Goal is to see more people on the street
Menaz:
¾ Suggested creating an incentive package to bring in more retail in the Village.
Sue Smith:
¾ Applied for a Use Permit to open a used auto retail/wholesale (on-line) business in Saratoga and
was told she couldn’t get a permit for that type of business in Saratoga because the State requires
that she have an office for retail/wholesale and must have at least two parking spaces.
Planning Commissioner Hlava noted that Ms. Smith was discussing her plans with the Planning
Commission; she had not addressed the Planning Commission formally.
Director Livingstone noted – depending on the license requirements from the State, they require that a
Internet auto business has two display parking spaces; therefore, the Planning Department would
interpret it that if the State requires it, the business owner will probably use the display parking spaces
and the City code does not permit it.
Council discussed the possibility of agendizing this issue for a future agenda and asked City Attorney
Taylor if it would be a lengthy process.
City Attorney Richard Taylor stated that how Council would resolve this issue is dependent on how they
resolve the other Use Permit issues and if Council changes Permitted Uses and conducts Environmental
Reviews, there would be more flexibility. However, addressing this issue as a stand-alone could be
complicated.
Council asked Director Livingstone if this issue comes up often and Director Livingstone replied that
people inquire often about the business license requirement to have display parking spaces.
COUNCIL DISCUSSION:
Planning Commissioner Hlava:
o Have level of certainty for Use Permit CUP process
o Subsidize use permit fees or reduce noticing (legal ad) requirements to decrease fees – very
expensive now to get a use permit
o Expediting CUP process
o If the CUP requirement isn’t streamlined there isn’t any point in have a Zoning Administrator
o Planning Commission willing to go with Council’s recommendation to streamline CUP process
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Additional comments:
Feels Santana Row has had an impact on Saratoga Village. People can go to Santana Row and shop,
dine and take in a movie. It would be nice if Saratoga could do something like this shop, dine, and go to
the movies in one stop.
Professional Offices in Village –
First instinct is – once we give up retail in the Village, we give it up forever. In reality, if we have
offices downtown, it may create a need for other businesses – such as restaurants etc. Some offices may
create more businesses; we need to be more open to types of businesses people want; maybe a market
driven interest will create what is needed in the Village – City in general makes rules and it doesn’t
seem to work; fewer people coming to do anything.
Councilmember Hunter:
o This is a difficult problem
o In the 1980’s there was a concern about the Village – do we preserve or do we develop
o Once we lose retail, we never get it back
o Supports Conditional Use Permit
o Expedite process
o Need to have a “Shop Local” campaign
Vice Mayor King:
o Agrees that the downtown is a complicated problem
o Need to have a long term and short term approach
Short term approach – take some contingency funds for these ‘first five uses’ – as a
stimulus incentive, there is no Use Permit fee; i.e. bakery, ice cream shop, or candy shop
to use parking moratorium while we have it
o Get things moving while we work on the Use Permit requirements
Councilmember Miller:
o Need to come up with process that is expedited to allow certainty
o Carefully constructed process to reduce fee costs
o Supports going to administrative review process for narrowly defined businesses that are
consistent with existing code
o Avoid environmental review process
o Sense of urgency – Longer we wait, the worse it makes it
o Doesn’t seem to be a lot of impact in terms of what will be allowed or the City losing money as
to expediting the CUP process immediately
o Council can decide if they want to use discretionary funds to lessen the CUP fees
o Primary concern is to change the process for a class of businesses that everyone is comfortable
with in order to make it an Administrative Review process with all the safe guards
o Communicate to people that Saratoga, not just the Village but all of the community, wants your
business; we have a speedy process and cost structure that is reasonable. Businesses less than
3,000 square feet – changing the process from planning review process to more administrative
review process.
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Additional comments:
Supports over-the-counter review process for businesses less than 3,000 square feet that conform to
City’s existing code; is not removing the Conditional Use Permit process – changing it from a Planning
Commission process to an Administrative Over-the-Counter Review process with changed noticing
requirements and changed process requirements in order to reduce costs. The issue of changing the
Conditional Permitted uses such as arcades, retail specialties, etc., and subsequent Environmental
Review, should be addressed by the Planning Commission. Would like to devise an Administrative
Review process for the existing rules as soon as possible, with a goal of reducing time, increasing
certainty, and reducing costs.
Mayor Page asked for clarification on the business square footage Councilmember Miller supports.
Councilmember Miller noted 3,000 sq. ft and below would be his preference – however 2,000 to 2,500
square feet would be more realistic. Prefers the appeal process to go to Council and had no specific
recommendations for type of businesses.
Vice Mayor King noted she agrees with everything Councilmember Miller stated, however, she supports
any kind of business that has anything to do with children.
Planning Commissioner Linda Rodgers:
o Does not endorse any one idea
o Open to Council’s ideas and suggestions
o Create flexibility for types of business you want to encourage
o Most businesses know what will work and what won’t
Councilmember Nagpal:
o Will never be able to figure out exact mixed use
o This is about managing use, not managing the market
o Need certainties
o Favors Administrative Review process that is discretionary to avoid changes to City Code
o Open to the Notice of Intent to Approve for specific Use Permits that have been identified as it
reduces cost and time and there is a an appeal option
o Supports one appeal level to Council in order to expedite the process
o Interested in family-style restaurants, bakery, ice cream parlor, art studio
o Chamber issue may be addressed through Administrative Review
o Prefers “use” rather than size
City Attorney Richard Taylor noted that it would be easier for staff to administer the permit process if
Council determines a specific size. In addition, he noted it would be difficult to draft an ordinance that
would allow staff to process one type of use but not another and recommends Council authorize staff to
do everything – subject to appeal to either the Planning Commission or City Council.
Councilmember Miller noted he is recommending that the process be changed – moving the process
from the Planning Commission to staff, not changing what is allowed or how it is allowed.
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Vice Mayor King stated she agrees with Howard on this; but would like us to form our own
redevelopment program that would incentivize businesses to come to Saratoga.
Planning Commissioner Hlava noted the Planning Commission performs a major role in the
development of the community and feels that as part of the process she would like the Planning
Commission to receive some type of status/history report from staff as they are approving use permits.
Director Livingstone noted Hlava’s suggestion wouldn’t necessarily have to be a requirement; staff
could provide this information to Council via the weekly Council Newsletter or forward the staff report
to Council and Planning Commission.
City Manager Dave Anderson added that with the City’s new website staff could post permit application
status – pending and/or approved, etc.
Planning Commissioner Rishi Kumar:
o Supports reduce application cost
o Expediting the permit process
Mayor Page:
o Supports streamlining permit process
o Reduce permit costs
o Possibly subsidizing some of the funding for certain types of businesses
o Feels this proposed change encompasses business areas in the entire community, not just in the
Village
o The more open we make it – the more risks we take by making it more of an Administrative
Review process and we have to be willing to accept that
o Prefers limitation on the square footage as it will help eliminate the impact
o Limit the amount of certain types of businesses, which will help minimize the impact from those
types of businesses
o Supports subsidizing certain types of businesses such as a family restaurant, not an ice cream
parlor.
o Prefers Administrative Review rather than Zoning Administrator
o Provide for the exception process
o Undecided on level of appeal
NEXT STEP:
Planning Commission will consider suggestions from this meeting along with previous CUP Study
Sessions and Council Retreat Meeting, as well as public input to be used as guidelines for designing a
new permit process and bring it to Council for consideration and approval.
Councilmember Miller asked if staff could design the Administrative Review process and the Planning
Commission design the larger CUP process.
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City Attorney Taylor responded that any change to the Zoning Ordinance would have to go through the
Planning Commission.
CONCENSUS:
o Planning Commission to work on Administrative Review process immediately
o Come back to council regarding incentives
o Wait on specific permitted uses – if Planning Commission would like to make subtle changes to
uses where there seems to be consensus, they should define them and the process could move
forward and the uses could be secondary.
Two-Phase Approach – Planning Commission work on sequencing items and bring them forward by end
of year.
First Step –
o Administrative Review Process/Changes
o Agendize Incentives Program
o CUP Redefinition
Second Step –
o Long Term: Use Permit to Permitted Use
Vice Mayor King noted an Action Item – consider types of businesses for Saratoga Barn.
The Study Session adjourned at 8:15PM.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
47
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: City Council Minutes – May 3, 2006
RECOMMENDED ACTION:
Approve minutes.
REPORT SUMMARY:
Approve minutes as submitted for the May 3, 2006 City Council meeting.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Attachment A – Minutes from May 3, 2006 – City Council meeting.
48
MINUTES
SARATOGA CITY COUNCIL
MAY 3, 2006
The City Council of the City of Saratoga held a Joint Meeting with the Saratoga Chamber
of Commerce in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30
p.m. The following Councilmembers were present: Kathleen King, Nick Streit, and Ann
Waltonsmith. Vice Mayor Kao arrived at 5:55 p.m. Mayor Norm Kline was absent.
Members of the Executive Committee and the Board of Directors were present for
tonight’s meeting.
President Elect Vance Nelson reported that the Board is committed to rebuilding the
Chamber and their relationship with the City. In an effort to save money, Mr. Nelson
stated that the Board has elected not to hire a new Executive Director. Mr. Nelson
reported on the upcoming plans for Celebrate Saratoga. Mr. Nelson also reported that
the Chamber is reaching out to other Chambers in the County.
President Chris Oakes reassured the Council that the Chamber was customer service
driven and trying to be active in the community by attending the SVDC meetings and
entering Saratoga’s 50th Anniversary parade. Ms. Oakes also stated that a teen section is
being added to this years’ Celebrate Saratoga event. In addition, Ms. Oakes stated that
the Board has also decided to re-establish the “Business of the Year” and the “Volunteer
of the Year” programs.
President Oaks requested that Council remove item #5 from tonight’s agenda until the
Chamber has had more time to discuss issues.
Consensus of the Council to remove item #5 from tonight’s agenda.
Councilmember Waltonsmith thanked the Chamber Board for attending tonight’s Joint
meeting.
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 6:30 p.m.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: City Manager Dave Anderson
Employee organization: SMO
CONFERENCE WITH LEGAL COUNSEL – Threatened Litigation: Significant
exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case)
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Vice Mayor Kao reported that Council directed staff to amend code sections
9-15.065 & 15-20.100 in order to clarify and make them more enforceable.
Vice Mayor Kao called the Regular City Council meeting to order at 7:00 p.m. and led
the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao
ABSENT: Mayor Norman Kline
ALSO
PRESENT:
Dave Anderson, City Manager
Jonathan Wittwer, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 3, 2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of May 3, 2006, was properly posted on April 28, 2006.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
The following people requested to speak at tonight’s meeting:
Citizen Ray commented on the ongoing issues in the Town of Los Gatos regarding the
possible violation of the Town’s Code of Conduct by Councilmember Glickman.
Marilyn Marchetti announced that on May 17, 2006 the Saratoga Village Business
Council would be sponsoring “Living History” from 5 to 7 p.m. Ms. Marchetti reported
on the events that would take place that evening in the Village.
Denise Goldberg spoke about Kevin Moran Park and the “Redline version of Plan 1A”.
Ms. Goldberg stated that the redline version was the last plan worked on by the task force
that had any level of agreement. Mrs. Goldberg stated that the redline plan protected the
Heritage Oak tree #69 and the larger Coast Redwoods #182. She also noted specific
agreements that included the accommodation of truck access, the safety modification to
Saratoga Trail, segment 18, and the agreement of the proposed field size. Mrs. Goldberg
noted that the plan that was presented at the March 15th City Council meeting was not the
redline plan and requested that Council look at the red line version of Plan 1A which
incorporated all agreements made by the task force.
Gene Zambetti noted that he is a property and business owner in the Village. Mr.
Zambetti spoke about the CH2 zoning area in the Village. Mr. Zambetti stated that there
are several vacant buildings in the Village and the City should try to find ways to increase
the foot traffic in the Village.
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Allen Nazari noted that he is a property owner in the Village and that the downstairs of
his building has been vacant for over one year. Mr. Nazari stated that his office is
upstairs, which he has outgrown, and requested that the City grant him a 5-year
temporary use permit to occupy the downstairs unit.
Jeff Wyatt stated that he is a property owner in the Village and that the downstairs unit of
his property was a yoga studio and has been vacant since it closed. Mr. Wyatt noted that
he has been approached to lease the space for professional/office use. Mr. Wyatt also
stated that he has approached the City to change the use permit, but was told it probably
would not change.
Jill Hunter announced that on Saturday, May 6, 2006 at 10am, the Heritage Tree Society
would be holding a special tour at the Madronia Cemetery led by local Arborist Barry
Coats.
COUNCIL DIRECTION TO STAFF
None.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Vance Nelson stated that he was the President Elect for the Saratoga Chamber of
Commerce, located at 14485 Big Basin Way. Mr. Nelson thanked the Council for the
joint meeting prior to the regular meeting. Mr. Nelson stated that one of the top priorities
of the new Board was to rebuild the Chamber. Mr. Nelson announced the Celebrate
Saratoga would be held on September 16th. Mr. Nelson stated that the new Chamber
map and directory should be released in the next couple of months.
ANNOUNCEMENTS
Councilmember King noted that the annual Rotary Art Show was on May 7, 2006 at
West Valley College. In addition, Councilmember King noted the Music Booster Club
would be holding a pancake breakfast on May 7th at the Saratoga High School.
CEREMONIAL ITEMS
None
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
1A. CITY COUNCIL MINUTES APRIL 17, 2006
STAFF RECOMMENDATION:
Approve minutes.
WALTONSMITH/STREIT MOVED TO APPROVE COUNCIL MINUTES
FROM APRIL 17, 2006. MOTION PASSED 4-0-1 WITH COUNCILMEMBER
KLINE ABSENT.
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1B. CHECK REGISTER
STAFF RECOMMENDATION:
Accept register.
WALTONSMITH/STREIT MOVED TO ACCEPT CHECK REGISTER.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER KLINE ABSENT.
1C. RESOLUTION DECLARING HAZARDOUS VEGETATION GROWING
ON CERTAIN PROPERTY TO BE A PUBLIC NUISANCE AND SETTING
A PUBLIC HEARING
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 06-038
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
DECLARING HAZARDOUS VEGETATION GROWING ON CERTAIN
PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC
HEARING. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KLINE
ABSENT.
1D. DECLARATION OF SURPLUS AND AUTHORIZATION OF THE SALE
OF THE CNG (COMPRESSED NATURAL GAS) TUBE TRAILER
STAFF RECOMMENDATION:
Move to declare the CNG tube trailer as surplus and authorize the sale of the same
in the amount of $13,500.
WALTONSMITH/STREIT MOVED TO DECLARE THE CNG TUBE
TRAILER AS SURPLUS AND AUTHORIZE THE SALE OF THE SAME
IN THE AMOUNT OF $13,500. MOTION PASSED 4-0-1 WITH
COUNCILMEMBER KLINE ABSENT.
1E. REQUEST FOR CITY SPONSORSHIP FOR SARATOGA RELAY FOR
LIFE “BANNER OF HOPE”
STAFF RECOMMENDATION:
Adopt resolution.
Magda Jisrawi, Community Development Manager/Relay for Life, requested that
this item be removed form the Consent Calendar for discussion.
Ms. Jisrawi requested that the City Council contribute $500 towards the banner
“Wall of Hope” to be displayed in Washington D.C.
RESOLUTION: 06-039
KING/WALTONSMITH MOVED TO ADOPT BUDGET RESOLUTION
APPROPRIATING MONEY TO CO-SPONSOR THE WALL OF HOPE
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BANNER. MOTION PASSED 4-0-1 WITH COUNCILMEMBER KLINE
ABSENT.
1F. MONTE SERENO RESIDENT STATUS FOR USE OF SARATOGA
PARKS
STAFF RECOMMENDATION:
Accept report and direct staff to amend the fee schedule to allow Monte Sereno
residents to rent Saratoga parks at resident rates.
Councilmember King requested that this item be removed from the Consent
Calendar for discussion.
Councilmember King noted the City has been trying to build relationships with
the surrounding cities. Councilmember King stated that Councilmember Wright
from Monte Sereno was present to speak on this item.
Curtis Wright, Councilmember for City of Monte Sereno, stated that the City of
Saratoga and the City of Monte Sereno have been involved in several joint
projects such as the Community Foundation, Sold Waste JPA, grant for Highway
9, and the recent efforts to restore the TEA. Councilmember Wright stated that on
behalf of his fellow Councilmembers he is pleased to allocate the $80K to the City
of Saratoga.
KING/STREIT MOVED TO DIRECT STAFF TO AMEND THE FEE
SCHEDULE TO ALLOW MONTE SERENO RESIDENTS TO RENT
SARATOGA PARKS AT RESIDENT RATES. MOTION PASSED 4-0-1
WITH COUNCILMEMBER KLINE ABSENT.
PUBLIC HEARINGS
2. PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2006-2007
STAFF RECOMMENDATION:
Conduct public hearing; direct staff accordingly.
Michele Braucht, Administrative Services Director, presented staff report.
Director Braucht presented an overview of the budget appropriations and
expenditures, revenue sources, the General Fund summary, and special one time
revenue and potential uses for the special revenue.
Councilmember Waltonsmith requested that the City support KSAR at $49,600
stating that they were struggling to operate as a nonprofit.
Councilmember King requested that the Wildlife Center of Silicon Valley be
funded.
Vice Mayor Kao opened the Public Hearing.
Marilyn Marchetti addressed the Council and requested that the City work with
the Village merchants before hiring a consultant and allocate part of the $50,000
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for Village improvement projects to form a BID or a Village Association.
Gene Zambetti addressed the Council and noted he supported the allocation of
$50,000 to start the process of forming a BID in the Village.
Mahnaz Khazen addressed the Council and stated that the Village needs to be
revitalized and a BID is the best solution.
Marci Hayden, Director of City Relations/ Wildlife Center of Silicon Valley,
addressed the Council and requested the City continue to support the program and
increase the contribution to $6,212.
Jill Hunter addressed the Council and noted that she was surprised to hear a
discussion about a BID in the Village. Mrs. Hunter stated that the money
proposed to hire a consultant could be used for a lot of improvements in the
Village.
Vice Mayor Kao closed the Public Hearing.
Council continued to discuss the excess budget allocation.
Councilmember Streit suggested that all aspects of the City infrastructure be
considered before allocating money to any one group.
Vice Mayor Kao suggested Council scrutinize the budget first before agreeing to
allocate funding from the one-time money to the special interest groups.
COUNCIL DIRECTION TO STAFF:
Council directed Staff to keep the one-time money in a separate category, keep
the budget as is and at Council discretion bring the one-time money funding back
to approve the budget and determine where the excess money goes at that time,
which will give the Village committee time to develop a Village Beautification
proposal.
OLD BUSINESS
None
NEW BUSINESS
3. CITY CODE AND OTHER PROVISIONS GOVERNING LICENSED
AMATEUR ANTENNAS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Jonathan Wittwer, City Attorney, presented the staff report.
Attorney Wittwer briefly explained that at a special meeting on April 18, 2006 the
Council heard complaints from a resident who spoke of a radio antenna that was
installed across the street form his property located on Montpere Way. At this
time Council directed staff to bring forward a report on this topic and review the
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relevant regulations of the surrounding cities. The antenna, which was the subject
of the oral communications, was constructed in compliance with a building
permit.
In regards to the antenna on Montpere Way, Attorney Wittwer explained that the
property owner obtained a building permit and installed the antenna according to
the City’s regulations in chapter 15-80.080. The City cannot take any action
against the antenna at this time.
Attorney Wittwer noted that as far as additional regulations, Federal Law
establishes a limited preemption of local agencies from enacting regulations
governing amateur radio station facilities, including antennas. City Attorney
Wittwer explained the Federal Law and stated that the City’s law is consistent
with State and Federal law. The current City regulation states that a resident may
have one licensed amateur radio antenna up to 65 feet without a use permit and
can have two with a use permit. A building permit is required if the antenna is
over 30 feet. Staff did check with the surrounding cities of Campbell, Monte
Sereno and Los Gatos and they are consistent with our regulation. Assistant City
Attorney Wittwer asked that Council clarify direction to Staff.
Vice Mayor Kao thanked Attorney Wittwer for his report.
Vice Mayor Kao invited public comment.
Christina Sand addressed the Council to express the vital importance of having
ham operators.
Gin Show addressed the Council and noted that he supports the City’s current
ordinance regulating antennas.
Rob Vance encouraged the City to protect the rights of ham radio operator’s
interested in using this type of communication.
Vice Mayor Kao closed the public comment.
Council discussion took place regarding the noticing process of neighborhoods for
future installations of antennas and discussed ways to educate the residents on the
Federal laws that allow antennas.
Community Development Director John Livingstone, described the process and
levels of noticing.
STREIT/WALTONSMITH MOVED TO LEAVE THE CITY’S ANTENNA
ORDINANCE AS IS; IMPLEMENT A NOTICING POLICY AS PER THE
TREE NOTIFICATION POLICY WITHOUT A WAITING PERIOD,
INCLUDE THE FEDERAL AND STATE REGULATIONS FOR
EDUCATION AND RESTRICT APPEALS TO STRUCTURAL ONLY.
MOTION PASSED 4-0-1 WITH COUNCILMEMBER KLINE ABSENT.
4. REQUEST TO FORM A COUNCIL AD HOC COMMITTEE TO REVIEW
THE TERMS, CONDITIONS, AND MAINTENANCE PRACTICES
ASSOCIATED WITH THE CONTRACT FOR ANNUAL MAINTENANCE
55
8
OF THE HERITAGE ORCHARD
STAFF RECOMMENDATION:
Appoint a Council Ad Hoc Committee.
John Cherbone, Public Works Director, presented the staff report.
STREIT/KAO MOVED TO APPOINT COUNCILMEMBER ANN
WALTONSMITH AND COUNCILMEMBER KATHLEEN KING TO THE
HERITAGE ORCHARD AD HOC COMMITTEE. MOTION PASSED 4-0-1
WITH KLINE ABSENT.
5. FUNDING AND IN-KIND SUPPORT REQUEST FROM SARATOGA
CHAMBER OF COMMERCE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
WALTONSMITH/STREIT MOVED TO REMOVE THIS ITEM FROM THE
AGENDA AND SCHEDULE IT FOR A FUTURE MEETING. MOTION
PASSED 4-0-1 WITH COUNCILMEMBER KLINE ABSENT.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Norm Kline – Absent
Vice Mayor Aileen Kao – reported:
County Cities Association Legislative Task Force – met and discussed the county wide
tax measure.
SASCC – next meeting is May 15.
SASCC Task Force – reviewed lease agreement.
Councilmember Nick Streit – nothing to report.
Councilmember Ann Waltonsmith – reported:
Saratoga Historical Foundation – May 15 membership potluck; June 3rd and 4th Garden
Tour; and June 11 Rotary meets.
Sister City Liaison - May 18 Hakone event and representatives from Muko Japan will
participate in the Saratoga parade in September. A new sister city in China may be
developing.
Councilmember Kathleen King – reported:
Village AdHoc – suggested this be agendized for discussion as there are three areas that
require prioritization.
TEA – Statement from County that $1M is allocated to the City, not $1.4M
CITY COUNCIL ITEMS
Councilmember Kathleen King commented on theYouth Commission article regarding
transplants.
56
9
Councilmember Waltonsmith commented on the tentative Chinese sister city and
suggested that members of the group attend a future meeting and provide Council with
additional information when they have it.
Councilmember Waltonsmith requested staff time to generate a Joint Use permit to begin
the Saratoga to the Sea trail.
CITY MANAGER’S REPORT
None.
ADJOURNMENT
There being no further business Vice Mayor Kao adjourned the meeting at 9:30 p.m.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
57
Dave Anderson
Melanie Whittaker Mary Furey
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
REPORT SUMMARY:
Attached are the Check Registers for:
Date Ending Check No.
02/26/09 111594 111706 112 406,739.62 2/26/2009 2/19/2009 111593
03/05/09 111707 111738 31 111,979.99 3/5/2009 3/5/2009 111706
AP Date Check No. Issued to Dept.Amount
02/26/09 111604 Public Works 207,708.09
02/26/09 111614 Recreation 11,391.00
02/26/09 111615 Public Safety 14,176.04
02/26/09 111633 Public Works 11,966.88
02/26/09 111650 Non-Departmental 11,472.50
02/26/09 111666 Public Works 23,232.27
02/26/09 111698 Recreation 20,826.72
03/05/09 111719 Public Works 78,579.06
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
SARATOGA CITY COUNCIL
MEETING DATE:March 18, 2009 AGENDA ITEM:
SUBJECT: Review of Accounts Payable Check Registers.
February 26, 2009
March 05, 2009
Type of Checks Date
Starting Check
No.
Ending
Check No.Total Checks Amount
Checks
Released
Prior Check Register
Accounts Payable
Accounts Payable
The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure:
Fund Purpose
B&B Landscape
CIP - Parks &
Grant Fund CIP - Streets
Improvements - K
Moran
CIM Air, Inc
CIP - Facility Projects &
Building Maintenance HVAC Repairs
City of San Jose General
Monthly Animal
Services
Gachina Landscape Various
Pacific Gas & Electric Various
Monthly Landscape Svc
& Landscape Repairs
Metro PCS
Library Capital Improvement
Fund
Meter Project - Sara
Library
Monthly Utility Services
Weber Tractor Service CIP - Facility Projects
Utility Preparation -
Fellowship Hall
G Bortolotto & Company
CIP - Streets Project &
Gas Tax Fund
Pathway Improvement
& Street Maintenance
58
The following are Accounts Payable checks that were voided or manually issued:
AP Date Check No.Amount
2/24/2009 111460 (60.00)
2/24/2009 111306 (40.00)
2/24/2009 111473 (40.00)
2/24/2009 111385 (201.00)
2/26/2009 111652 (15.00)
3/5/2009 111672 (459.53)
The following is a list of cash reduction by fund:
Fund #AP 02/26 AP 03/05 Total
111 General 74,155.14 19,794.64 93,949.78
231 Village Lighting 5,952.30 27.11 5,979.41
232 Azule Lighting 446.46 446.46
233 Sarahills Lighting 496.48 496.48
241 Arroyo de Saratoga Landscape 136.40 136.40
242 Bonnet Way Landscape 260.69 260.69
243 Carnelian Glen 135.00 135.00
244 Cunningham/Glasgow Landscape 288.36 39.84 328.20
245 Fredericksburg Landscape 162.89 162.89
246 Greenbriar Landscape 547.16 547.16
247 Kerwin Ranch Landscape 423.88 423.88
248 Leutar Court Landscape 136.39 136.39
249 Manor Drive Landscape 160.00 160.00
251 McCartysville Landscape 458.80 458.80
252 Prides Crossing Landscape 667.56 667.56
253 Saratoga Legends Landscape 363.00 363.00
254 Sunland Park Landscape 488.30 488.30
255 Tricia Woods Landscape 97.84 11.57 109.41
271 Beauchamps Landscape 178.83 178.83
272 Bellgrove Landscape 2,964.62 2,964.62
273 Gateway Landscape 439.00 439.00
274 Horseshoe Landscape/Lighting 337.45 337.45
275 Quito Lighting 3,445.30 3,445.30
276 Tollgate LLD 115.70 115.70
277 Village Commercial Landscape 469.35 469.35
411 CIP Street Projects 2,189.34 53,985.36 56,174.70
412 CIP Parks Projects 188,421.68 188,421.68
413 CIP Facility Projects 35,815.24 4,643.41 40,458.65
414 CIP Admin Projects 9,358.00 9,358.00
431 Grant Fund - CIP Streets 27,829.49 27,829.49
481 Gas Tax Fund 29,569.67 29,569.67
611 Liability/Risk Mgt 960.00 960.00
612 Workers' Comp 460.22 39.78 500.00
621 Office Stores Fund 966.03 446.47 1,412.50
622 Information Technology 6,099.17 663.62 6,762.79
623 Vehicle & Equimpent Maint 3,081.21 476.04 3,557.25
624 Building Maintenance 17,230.03 1,813.13 19,043.16
632 9,984.16 9,984.16
711 11,472.50 11,472.50
406,724.62 111,979.99 518,704.61
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the A/P Checks By Period and Year report format
Issued to Description
Rose & Marsall Juarez Void
Papa Void
Saratoga Chamber of Comm
Wiz Kidstech
Void
IT Equipment Replacement
TOTAL
Library Capital Improvement
Miscellaneous Vendor Void
Fund Description
Reed & Graham Void
Void
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76
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager CITY MANAGER: Dave Anderson
PREPARED BY: Debbie Bretschneider DIRECTOR: Dave Anderson
Executive Assistant
SUBJECT: Amendment to Delta MicroImaging contract
RECOMMENDED ACTION:
Accept report and approve amendment to the existing contract with Delta MicroImaging and
authorize the City Manager to execute the contract amendment.
BACKGROUND:
The City of Saratoga has a contract for scanning services with Delta Micro Imaging which was
approved by the Council on February 19, 2008. The Council previously approved funding for
scanning. Public Works and Community Development are currently using Delta MicroImaging
for this work. Administrative Services would like to extend the contract amount by $25,000 to
scan financial records into the imaging database.
FISCAL IMPACTS:
Funding for this contract is available from the following sources:
Department Account Available Contract
City Clerk 111 2201 64123 25,000 25,000
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City would not be able to add Administrative Services records to imaging database.
ALTERNATIVE ACTION(S):
None
FOLLOW UP ACTION(S):
The purchase order will be amended
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
Page 1 of 2
77
Page 2 of 2
ATTACHMENTS:
Amended Contract
78
CITY OF SARATOGA
AMENDMENT TO
INDEPENDENT CONTRACTOR AGREEMENT
THIS Amendment Agreement is made at Saratoga, California by and between the CITY OF
SARATOGA, a municipal corporation ("City"), and DELTA MICROIMAGING INC., ("Contractor"),
who agree as follows:
WHEREAS, City and Contractor entered an independent contractor agreement dated February 19,
2008 (“Original Agreement”) and amended the agreement by an amendment signed by the Mayor on
October 2, 2008 (“First Amended Agreement”); and
WHEREAS, City and Contractor wish to amend the First Amended Agreement in order to extend the
term and change the payment amount.
NOW THEREFORE, the parties hereto agree as follows:
1. Amended Payment Terms. The payment terms included in Exhibit B to the First Amended
Agreement are hereby replaced in their entirety with the payment terms attached as Exhibit B-1
to this Amendment Agreement.
79
IN WITNESS WHEREOF, the parties hereto have executed this Amendment.
City of Saratoga Contractor
By: _______________________
Dave Anderson, City
Manager
______
Date
By: ________________________
Randall Hendricks,
Account Manager
_____
Date
Attest: _____________________
Ann Sullivan,
City Clerk
______
Date
Approved as to Form:
___________________________
Richard S. Taylor, City Attorney
______
Date
Approved as to Budget authority
__________________________
Mary Furey
Administrative Services Director
_______
Date
Attachments
Exhibit B-1 -- Payment Schedule
80
EXHIBIT B-1
Payment
1. TOTAL COMPENSATION City shall pay Contractor an amount not to exceed the total sum
of one hundred and forty six thousand dollars ($146,000.00) for work to be performed and
reimbursable costs incurred pursuant to this agreement. The total sum stated above shall be the
total which City shall pay for the work product to be provided by Contractor pursuant to this
agreement.
2. INVOICES Contractor shall submit invoices, not more often than once a month during the
term of this agreement, based on the cost for work performed and reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of bills, i.e., Bill No. 1;
b. The beginning and ending dates of the billing period;
c. A summary containing the total contract amount, the amount of prior billings, the total
due this period, and the remaining balance available for all remaining billing periods.
3. MONTHLY PAYMENTS City shall make monthly payments, based on such invoices,
for satisfactory progress in completion of the Scope of Work, and for authorized reimbursable
expenses incurred.
4. REIMBURSABLE EXPENSES There shall be no right to reimbursement of expenses
incurred by Contractor except as specified in Exhibit A (“Original Contract”) to this
Agreement.
81
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER:
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Public Hearing on Resolution Ordering the Abatement of a Public Nuisance by
Removal of Hazardous Vegetation (Weeds)
RECOMMENDED ACTION:
Open public hearing; listen to public testimony; and close public hearing. Consider any
objections to proposed Order for Abatement of Hazardous Vegetation and sustain or overrule
any objections as to specific properties. Adopt proposed Resolution Ordering Abatement
(Attachment A) as to properties listed (with modification(s) if any objections are sustained.
REPORT SUMMARY:
On December 3, 2008 the City Council adopted a Resolution (Attachment B) declaring
hazardous vegetation (weeds) to be a public nuisance. In addition, the adopted December 3,
2008 Resolution set January 21, 2009 as the public hearing date to take evidence regarding
objections to the proposed Declaration of Nuisance as to Specific Properties requiring
destruction and removal of hazardous vegetation (weeds).
On January 21, 2009 the City Council adopted a Resolution Declaring Specific Properties to be a
Nuisance requiring destruction and removal of hazardous vegetation (weeds) (Attachment D).
That January 21, 2009 Resolution also set March 18, 2009 as the public hearing date to take
evidence regarding objections to the proposed Declaration of Nuisance as to Specific Properties
requiring destruction and removal of hazardous vegetation (weeds).
The County Agricultural Commissioner serves as the Enforcement Officer for the City of
Saratoga as to abatement of hazardous vegetation. On November 14, 2008, the County
Agricultural Commissioner mailed a letter (Attachment C) to previously identified property
owners informing them that additional weed abatement work was required on their property.
In addition, the City Clerk of the City of Saratoga mailed a second notice (Attachment E) on
February 26, 2009, to the same property owners informing them of the scheduled March 18,
2009 Public Hearing on the Order for Abatement, whereby the Saratoga City Council would be
providing an opportunity for any person objecting to the declaration of nuisance or the proposed
abatement thereof, to present such objections and the City Council would hear and determine
any objections.
Legal Notice of the Public Hearing on the Order for Abatement has also been duly published in
the Saratoga News, with a list of the properties as to which abatement of hazardous vegetation is
proposed to be carried out by the County Agricultural Commissioner. (Attachment F)
Hazardous vegetation (including weeds or other materials) which is not abated on any noticed
property by April 15, 2009, will be removed by the County of Santa Clara Agricultural 82
Commissioner’s Office and all abatement costs incurred by the County, together with an
administrative fee in the amount of 150% of the costs of the actual abatement, shall be charged
to the property owner. In addition, the owner of any parcel found to be non-compliant as to
abatement of hazardous vegetation on or after April 15, 2009 will be charged an inspection fee of
$298.00 and the property owner will be scheduled for abatement by the County’s contractor. If
the property owner completes the abatement work before the County contractor performs the
abatement, the property owner will not incur further charges. Nonpayment of the abatement
costs, the inspection fee (if owed) and the administrative fee will result in the same being levied
as a special assessment against the property, to be collected at the same time and in the same
manner as ordinary real estate taxes.
FISCAL IMPACTS:
None to the City.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The abatement of hazardous vegetation in the City of Saratoga which has not been completed by
the property owner will not be conducted by the County Agricultural Commissioner
ALTERNATIVE ACTION:
None
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
A Notice of Public Hearing was published in the Saratoga News, posted at City Hall and mailed
to the property owners affected.
ATTACHMENTS:
Attachment A – Proposed Resolution Ordering Abatement for consideration at March 18, 2009
Council Meeting
Attachment B – Resolution from December 3, 2008 Council Meeting
Attachment C – First Notice mailed to property owners – November 14, 2008
Attachment D – Resolution from January 21, 2009 Council Meeting
Attachment E – Second Notice mailed to property owners – February 26, 2009
Attachment F – Legal Notification to Public
83
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
OVERRULING OBJECTIONS AND ORDERING
ABATEMENT OF HAZARDOUS VEGETATION (WEEDS) AS A PUBLIC
NUISANCE
WHEREAS, hazardous vegetation (weeds and other materials) has been declared
by resolution of the City Council to be a nuisance as to specified properties in the City of
Saratoga and public hearings were duly noticed and scheduled for March 18, 2009 for the
City Council to consider whether such hazardous vegetation will be ordered abated by the
County of Santa Clara Agricultural Commissioner’s Office and the cost thereof charged
to and collected from the owners of the properties from which the hazardous vegetation is
removed should the property owners themselves fail to do so prior to April 15, 2009; and
WHEREAS, the County Agricultural Commissioner has duly given written
notice to all owners of property in the City of Saratoga whose property said
Commissioner has found to continue to require abatement of hazardous vegetation; and
WHEREAS, pursuant to said resolution and notice, the Saratoga City Council
conducted public hearings on March 18, 2009 with respect to whether such hazardous
vegetation will be ordered abated by the County of Santa Clara Agricultural
Commissioner and the cost thereof charged to and collected from the owners of the
properties from which the hazardous vegetation is removed should the property owners
themselves fail to do so prior to April 15, 2009; and
WHEREAS, at said public hearings all property owners having any objections to
the proposed order for abatement were given reasonable opportunity to object to the
proposed order for abatement of hazardous vegetation; and
WHEREAS, after consideration of any and all objections to the proposed order
for abatement, the City Council overrules any and all objections and finds that the
requisite basis for adopting such order for abatement exist.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Saratoga that:
1. the recitals set forth above are true and correct; and
2. the hazardous vegetation (weeds and other materials) on the properties
listed in Exhibit A attached hereto continues to be declared a nuisance;
and
3. the hazardous vegetation (weeds and other materials) on the properties
listed in Exhibit A attached hereto is ordered abated by the County of
Santa Clara Agricultural Commissioner’s Office on or after April 15,
2009; and
84
4. all abatement costs incurred by the County, together with an
administrative fee in the amount of 150% of the costs of the actual
abatement, and (as to the owner of any parcel found to be non-compliant
as to abatement of hazardous vegetation on or after April 15, 2009) an
inspection fee of $298.00; and
5. if the property owner completes the abatement work before the County
contractor performs the abatement, the property owner will not incur
further charges; and
6. nonpayment of the abatement costs, the inspection fee (if owed) and/or the
administrative fee will result in the same being levied as a special
assessment against the property, to be collected at the same time and in
the same manner as ordinary real estate taxes.
The above and foregoing resolution was passed and adopted by the Saratoga City Council
at a regular meeting held on the 18th day of March 2009, by the following vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
Chuck Page, Mayor
ATTEST:
Ann Sullivan,
City Clerk
85
2009 SPECIAL WEED ABATEMENT PROGRAM
COMMENCEMENT REPORT
CITY OF SARATOGA
APN STREET ADDRESS
366-48 -003 Parker Ranch Road 12356 Parker Ranch Road Saratoga, CA,
95070
366-49-001 Star Ridge Court 12637 Star Ridge Court Saratoga, CA 95070
366-49-014 Continental Circle 21439 Continental Circle Saratoga, CA
95070
366-50-003 Diamond Oaks Court 21301 Diamond Oaks Court Saratoga, CA
95070
366-50-031 Star Ridge Court 12693 Star Ridge Court Saratoga, CA
95070
386-13-059 Cox Avenue 18597 Cox Avenue Saratoga, CA 95070
386-50-036 P.O. Box 640790 P.O. Box 640790 San Jose, CA 95164
389-06-017 P.O. Box 2067 P.O. Box 2067 Saratoga, CA 95070
389-17-002 18950 Afton Avenue 18950 Afton Avenue Saratoga, CA 95070
389-17-010 18854 Afton Avenue 18854 Afton Avenue Saratoga, CA 95070
389-26-014 18531 Allendale Avenue 18531 Allendale Avenue Saratoga, CA
95070
389-26-015 18551 Allendale Avenue 18551 Allendale Avenue Saratoga, CA
95070
389-30-002 19010 Portos Drive 19010 Portos Drive Saratoga, CA 95070
389-38-027 13428 Christie Drive 13428 Christie Drive Saratoga, CA 95070
393-04-005 20255 Glasgow Drive 20255 Glasgow Drive Saratoga, CA 95070
393-26-034 262 E. Hamilton Ave. STE D 262 E. Hamilton Avenue Avenue STE D
Campbell,CA
393-42-005 20210 Merrick Drive 20210 Merrick Drive Saratoga, CA 95070
397-03-032 14222 Chester Avenue 14222 Chester Avenue Saratoga, CA 95070
397-04-014 P.O. Box 67249 P.O. Box 67249 Scotts Valley, CA 95067
397-04-022 P.O. Box 9270 P.O. Box 9270 Rancho Santa Fe, CA 92067
397-04-027 14730 Sobey Road 14730 Sobey Road Saratoga, CA 95070
397-04-097 14565 Chester Avenue 14565 Chester Avenue Saratoga, CA 95070
397-05-009 18510 Sobey Road 18510 Sobey Road Saratoga, CA 95070
397-05-028 P.O. Box 97 P.O. Box 97 Santa Clara, CA 95052
397-05-042 14416 Old Wood Road 14416 Old Wood Road Saratoga, CA 95070
397-05-061 14324 Cordwood Court 14324 Cordwood Court Saratoga, CA
95070
397-05-099 P.O. Box 700400 P.O. Box 700400 San Jose, CA 95170
397-06-046 18564 Vessing Road 18564 Vessing Road Saratoga, CA 95070
397-06-073 18632 Woodbank Way 18632 Woodbank Way Saratoga, CA 95070
397-08-025 15729 Los Gatos Bl. #200 15729 Los Gatos Bl. #200 Los Gatos, CA
95032
397-08-076 P.O. Box 54400 P.O. Box 54400 Los Angeles, CA 90054
86
397-17-010 13046 Twelve Hills Rd. 13046 Twelve Hills Rd. Clarksville, MD
21029
397-18-034 14890 Baranga Lane 148990 Baranga Lane Saratoga, CA 95070
397-18-037 14835 Baranga Lane 14835 Baranga Lane Saratoga, CA 95070
397-18-038 14855 Baranga Lane 14855 Baranga Lane Saratoga, CA 95070
397-18-039 20100 Bonnie Brae Lane 20100 Bonnie Brae Lane Saratoga, CA
95070
397-18-071 14710 Vickery Place 14710 Vickery Place Saratoga, CA 95070
397-28-033 12 Bayview Avenue 12 Bayview Avenue Los Gatos, CA 95030
397-28-034 12 Bayview Avenue 12 Bayview Avenue Los Gatos, CA 95030
397-40-016 14553 Via De Marcos 14553 Via De Marcos Saratoga, CA 95070
397-40-017 14577 Via De Marcos 14577 Via De Marcos Saratoga, CA 95070
397-43-008 18540 Allendale Avenue 18540 Allendale Avenue Saratoga, CA
95070
403-24-008 4966 El Camino Real Unit 4966 El Camino Real Unit Los Altos, CA
94022
410-40-018 21201 Lumbertown Lane 21201 Lumbertown Lane Saratoga, CA
95070
503-09-021 22060 Mt. Eden Road 22060 Mt. Eden Road Saratoga, CA 95070
503-13-039 15209 Blue Gum Court 15209 Blue Gum Court Saratoga, CA
95070
503-13-067 22121 Lindy Lane 22121 Lindy Lane Cupertino, CA 95014
503-13-101 13947 Vista Regina 13947 Vista Regina Saratoga, CA 95070
503-13-117 22121 Lindy Lane 22121 Lindy Lane Saratoga, CA 95070
503-13-143 1850 Pruneridge Avenue 1850 Pruneridge Avenue Santa Clara, CA
95050
503-13-144 P.O. Box 3458 P.O. Box 3458 Saratoga, CA 95070
503-13-145 P.O.Box 3458 P.O. Box 3458 Saratoga, CA 95070
503-14-007 13745 Pierce Road 13745 Pierce Road Saratoga, CA 95070
503-14-008 P.O. Box 707 P.O. Box 707 Onetangi, Waiheke Zealand
503-14-034 13615 Vaquero Court 13615 Vaquero Court Saratoga, CA 95070
503-14-036 13641 Vaquero Court 13641 Vaquero Court Saratoga, CA 95070
503-15-061 21258 Chadwick Court 21258 Chadwick Court Saratoga, CA 95070
503-16-015 13540 Surrey Lane 13540 Surrey Lane Saratoga, CA 95070
503-18-026 12901 Foothill Lane 12901 Foothill Lane Saratoga, CA 95070
503-18-097 12969 Foothill Lane 12969 Foothill Lane Saratoga, CA 95070
503-26-009 P.O. Box 3132 P.O. Box 3132 Saratoga, CA 95070
503-27-098 P.O. Box 610544 P.O. Box 610544 San Jose, CA 95161
503-28-004 20895 Canyon View Drive 20895 Canyon View Drive Saratoga, CA
95070
503-28-005 20905 Sullivan Way 20905 Sullivan Way Saratoga, CA 95070
503-28-006 14645 Big Basin Way 14645 Big Basin Way Saratoga, CA 95070
503-28-007 20931 Canyon View Drive 20931 Canyon View Drive Saratoga, CA
95070
503-28-008 106 Heintz Court 106 Heintz Court Los Gatos, CA 95032
87
503-28-075 20851 Canyon View Drive 20851 Canyon View Drive Saratoga, CA
95070
503-28-089 20867 Canyon View Drive 20867 Canyon View Drive Saratoga, CA
95070
503-29-027 21352 Saratoga Hills Road 21352 Saratoga Hills Road Saratoga, CA
95070
503-29-029 2601 W. Cedar Lane 2601 W. Cedar Lane Milwaukee, WI 53217
503-29-041 1080 Chestnut St. Unit 1F 1080 Chestnut St. Unit 1F San Francisco,
CA 94109
503-29-096 20887 Michaels Drive 20887 Michaels Drive Saratoga, CA 95070
503-29-099 21050 Saratoga Hills Road 21050 Saratoga Hills Road Saratoga, CA
95070
503-29-118 20850 Saratoga Hills Road 20850 Saratoga Hills Road Saratoga, CA
95070
503-29-124 21421 Saratoga Hills Road 21421 Saratoga Hills Road, Saratoga, CA
95070
503-30-001 13810 Pierce Road 13810 Pierce Road Saratoga, CA 95070
503-30-002 1134 Little Oak CL 1134 Little Oak CL San Jose, CA 95129
503-30-003 13845 Pike Road 13845 Pike Road Saratoga, CA 95070
503-30-011 15 Sausal Drive 15 Sausal Drive Portola Valley, CA 94028
503-30-020 36 Shore View Avenue 36 Shore View Avenue San Francisco, CA
94121
503-30-054 13990 Pike Road 13990 Pike Road Saratoga, CA 95070
503-30-060 14180 Perata Court 14180 Perata Court Saratoga, CA 95070
503-31-054 14150 Dorene Court 14150 Dorene Court Saratoga, CA 95070
503-31-088 13966 Albar Court 13966 Albar Court Saratoga, CA 95070
503-31-098 13921 Damon Lane 13921 Damon Lane Saratoga, CA 95070
503-53-053 10222 Carmen Road 10222 Carmen Road Cupertino, CA 95014
503-72-014 520 Mill Creek Road 520 Mill Creek Road Fremont, CA 94539
503-72-028 21531 Saratoga Heights 21531 Saratoga Heights Saratoga, CA
95070
503-72-036 P.O. Box 382 P.O. Box 382 Saratoga, CA 95070
503-75-008 14670 Quito Road 14670 Quito Road Saratoga, CA 95070
503-75-018 14930 Vintner Court 14930 Vintner Court Saratoga, CA 95070
503-78-004 819 Via Juan Pablo 819 Via Juan Pablo San Juan Bautista, CA
95045
510-05-004 15234 Bellecourt Avenue 15234 Bellecourt Avenue Saratoga, CA
95070
510-05-034 18805 Cox Avenue Unit 210 18805 Cox Avenue Unit 210 Saratoga, CA
95070
517-22-072 13934 Chester Avenue 13934 Chester Avenue Saratoga, CA 95070
88
/s/Ann Sullivan,
City Clerk
PUB: 03/04/09
89
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91
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98
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, Assistant Planner DIRECTOR: John Livingstone
SUBJECT: FY 2009/10 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING
RECOMMENDED ACTION:
Conduct the Public Hearing and make a decision regarding recommendation of remaining Community
Development Block Grant (CDBG) funds.
BACKGROUND:
On March 4, 2009 the Council met to discuss the grant proposals that were presented at the February 18th
Public Hearing. Six (6) of the seven (7) applicants were in attendance at the March 4th Hearing. The
Council decided to fully fund the six attending applicants with $49,125 in Community Grant funds and
$27,057 in CDBG Public Service funds. The Council also decided to fund the requested ADA
improvement projects ($46,391), County administration of the SHARP program ($13,000), and
administration of the CDBG program ($15,000). The Council decided to continue the Public Hearing to
allow Mid-Peninsula Housing Coalition to clarify questions regarding their application. However, on
March 6, 2009 Mid-Peninsula Housing Coalition withdrew their application (attachment A).
While the Fiscal Year 2009/2010 CDBG funding amounts have not yet been finalized, the City estimates
approximately $27,619 remains after the above recommendations are funded.
DISCUSSION:
The City of Saratoga Public Works Department has submitted two requests for the remaining $27,619 in
CDBG funding. The requested funding would help offset additional costs associated with two projects
that were previously approved for CDBG funding. At that time, there was not enough funding available to
complete these projects.
1) $10,000 is requested for Phase II of the Saratoga Historical Museum ADA project. This project was
approved for $16,882 in FY08/09 CDBG funds to install access ramps and make other ADA upgrades
to provide increased accessibility at the Museum. While the previous allocation was not enough to
cover the original costs of the project, the additional funds will be enough to complete the project.
2) $17,619 is requested for Phase III of the ADA-Accessible Signal project. This project was approved
for $55,600 in FY08/09 CDBG funds and $74,526 in FY07/08 CDBG funds to install ADA audible
signals throughout the City for visually-impaired citizens. The total project cost is estimated to be
$256,000 leaving approximately $108,000 necessary to complete Phase IV of this project.
FISCAL IMPACTS:
Page 1 of 3
99
Page 2 of 3
CDBG funds are federal Housing and Urban Development funds administered by Santa Clara County and
allocated to participating cities fiscal year 2009/10. There is no impact from CDBG recommendations on
General City funds.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The City’s FY 2009/10 CDBG allocation will remain with the County. Saratoga will not meet its goals
related to providing continued housing assistance, rehabilitation and human services to low income and
disabled residents in the City.
ALTERNATIVE ACTION:
NA
FOLLOW UP ACTION:
Forward Council’s CDBG recommendations to the County of Santa Clara and execute contracts with
agencies receiving funding.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
The availability of grant funds was listed on the City Website and publicized in the Saratoga News on
December 9, 2009. The allocation of grant funds was publicized in the Saratoga News on February 17,
2009
ATTACHMENTS:
Attachment A – March 6, 2009 letter from Mid-Peninsula Housing
Attachment B - Resolutions
Cc: Applicant agencies
100
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102
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING ALLOCATION OF FUNDS FOR THE COMMUNITY GRANT
PROGRAM FOR FISCAL YEAR 2009/2010
WHEREAS, the City Council finds and determines that the following proposals represent
the community needs in Saratoga; and
NOW THEREFORE, BE IT RESOLVED, that the City of Saratoga hereby authorizes the
expenditure of FY 2009/10 Community Grant funds in the amount of $49,125 for the
following allocations:
Agency Project
Amount
Requested
Amount
Granted
Foothill Club
Historic Landmark
Foundation
Architectural Drawings for ADA
improvements to the Clubhouse $13,500 $13,500
Shady Shakespeare
Theater Company
Free Performances held in
Sanborn County Park $2,500 $2,500
KSAR15, Saratoga
Community Access
Cable TV Foundation
Saratoga High School Media Arts
Mentoring Program $4,617 $4,617
SASCC Adult Day Care Program $8,344 $8,344
West Valley
Community Services
Food Pantry and Emergency
Services $15,164 $15,164
Catholic Charities of
Santa Clara County Long Term Ombudsman Program $5,000 $5,000
GRAND TOTAL $49,125 $49,125
The above and foregoing resolution was passed and adopted at an adjourned meeting of
the Saratoga City Council held on the 18th day of March 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
____________________________
Ann Sullivan, City Clerk
103
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDS FROM
SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND
COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2009/2010
WHEREAS, the City previously entered into a Joint Powers Agreement with Santa Clara
County to form an Urban County under the Housing and Community Development Act;
and
WHEREAS, the City Council finds and determines that the following proposals represent
the community development needs in Saratoga; and
NOW THEREFORE, BE IT RESOLVED, that the Community Development Department
is hereby authorized to submit a proposal for the expenditure of FY 2009/10 CDBG funds
in the amount of $129,067 for the following allocations:
Agency Type Project Amount
Requested
CDBG Funds
Recommended
SASCC CDBG
(Public Services) Adult Day Care Program $35,000 $27,057
West Valley
Community
Services
CDBG
(Public Services)
West Valley Community
Services Food Pantry and
Emergency Services
$15,164 $0.00 1
Catholic Charities
of Santa Clara
County
CDBG
(Public Services)
Long Term Ombudsman
Program $5,000 $0.00 2
SUBTOTAL $55,164 $27,057
Mid-Peninsula
Housing
CDBG (non-
public service)
Saratoga Court
Pedestrian Safety
Program
$50,450 $0.00 3
City of Saratoga CDBG (non-
public service)
ADA Saratoga-
Sunnyvale Road Curb
Ramps - Phase II
$41,927 $41,927
City of Saratoga CDBG (non-
public service)
ADA Automatic Door
City Hall Public
Bathroom
$4,464 $4,464
City of Saratoga CDBG (non-
public service)
ADA Accessible Signals
- Phase III $17,619 $17,619
City of Saratoga CDBG (non-
public service)
Historical Museum ADA
Access Ramp - Phase II $10,000 $10,000
SUBTOTAL $124,460 $74,010
1 West Valley Community Services was granted $15,164 under the City’s Community Grant Program
2 Catholic Charities of San Jose was granted $5,000 under the City’s Community Grant Program
3 Mid-Peninsula Housing withdrew their application for funding on March 6, 2009.
104
City of Saratoga CDBG Program Administration $15,000 $15,000
County of
Santa Clara CDBG Urban County
Rehabilitation Services $13,000 $13,000
GRAND TOTAL $207,624 $129,067
The above and foregoing resolution was passed and adopted at an adjourned meeting of
the Saratoga City Council held on the 18th day of March 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Chuck Page, Mayor
ATTEST:
____________________________
Ann Sullivan, City Clerk
105
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Request for discretionary funds for fees associated with a Conditional Use
Permit (CUP)
RECOMMENDED ACTION:
Direct Staff Accordingly.
REPORT SUMMARY:
On March 4, 2009 during oral communications the Chamber of Commerce asked the City
Council for assistance with the costs involved with a Conditional Use Permit given that the
building they are in is under new ownership and they may need to move to a new location on Big
Basin Way. The City Council directed staff to agendize the request made by the Chamber of
Commerce to assist with the fees associated with the CUP process.
DISSCUSSION:
The Chamber of Commerce is looking to move from their existing location to a new location on
Big Basin Way. The Chamber is primarily an office use which requires a Conditional Use
Permit when it is located on a street frontage in the CH zoning district. A Conditional Use
Permit requires a flat fee of $4,400 and a document storage fee of $300 for a total fee of $4,700.
BACKGROUND:
The Saratoga Chamber of Commerce focuses on the business community. They work daily with
local government and business-related agencies to promote business interests and to keep the
community vital. The Chamber highlights member services, business retention, economic and
community development. The Chamber serves the business community directly through a wide
variety of programs and services, including networking, educating members regarding legislative
issues, business development, promotion, marketing, sponsorship, and advertising assistance.
FISCAL IMPACTS:
The City Council has approximately $48,000 remaining in their discretionary fund. Approving
the request would reduce the fund by $4,700.
Page 1 of 2
106
Page 2 of 2
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The Chamber of Commerce may have to relocate to a building without street frontage in the
Village.
ALTERNATIVE ACTIONS:
The Council could deny the request.
FOLLOW UP ACTION:
Recommend the City reimburse the Chamber of Commerce for the fees associated with
processing a CUP for an office use located on street frontage in the CH zoning district.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
Letter from the Chamber of Commerce
107
108
SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: John F. Livingstone, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Review incentives related to Conditional Use Permits to encourage new
businesses in the City
RECOMMENDED ACTION:
Direct Staff Accordingly.
REPORT SUMMARY:
On March 3, 2009 the City Council reviewed the fees associated with Conditional Use Permits
and expressed interest in reducing the cost, time, and uncertainty of obtaining a Conditional Use
Permit. One of the ideas at that meeting was to create incentives for new businesses in the City.
The Council asked staff to place this item on the agenda where the various options brought up by
the Council could be discussed in detail.
The following are some of the options discussed by the City Council.
• Lower the cost of use permits by subsidizing the Conditional Use Permit fee to encourage
new business development in the City of Saratoga.
• Create an incentive program by waiving the fee for the first three (or some other number)
CUP’s for a specific use or uses.
Some of uses that the Council has expressed interest in are Family Style Restaurants, Breakfast
Restaurants, and Establishments that engage in the sale of alcoholic beverages, Ice Cream
Parlors, and Bakeries and Markets.
FISCAL IMPACTS:
The City Council has approximately $48,000 remaining in their discretionary fund. Funding for
an incentive program would reduce the funds in this account.
ALTERNATIVE ACTIONS:
The Council could recommend maintaining the existing Conditional Use process with no
incentives.
FOLLOW UP ACTION:
As directed.
Page 1 of 2
109
Page 2 of 2
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Matrix of Permitted and Conditional Uses
2. Code excerpts for Permitted and Conditional Uses
110
Commercial District Regulations Summary
Permit Type
P ‐ Permitted
CUP – Conditional Use Permit
X – Expressly Prohibited Use
Use Description
C‐N C‐V C‐H
Retail establishments P P P
Home occupations P P P
Parking lots P P P
Accessory structures and uses located on the same site as a
permitted use P P P
Restaurants CUP CUP CUP
Markets and delicatessens CUP CUP CUP
Any establishment engaged in the sale of alcoholic beverages CUP CUP CUP
Hotels and motels CUP CUP CUP
Bed and breakfast establishments CUP CUP CUP
Institutional facilities
Community facilities CUP CUP CUP
Game arcades CUP CUP CUP
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
CUP CUP CUP
Animal establishments CUP CUP CUP
Public buildings and grounds CUP CUP CUP
Public utility and public service pumping stations, power stations,
drainage ways and structures, storage tanks, transmission lines
and cable television facilities
CUP CUP CUP
Accessory structures and uses located on the same site as a
conditional use CUP CUP CUP
Antenna facilities operated by a public utility for transmitting and
receiving cellular telephone and other wireless communications CUP CUP CUP
Any use which emits air pollutants, solid or liquid wastes,
radioactivity, or other discharge which endangers human health or
causes damage to animals, vegetation or property
X X X
Any use which creates offensive odor, noise, vibration, glare or
electrical disturbance, detectable beyond the boundaries of the
site, or creates a hazard of fire or explosion.
X X X
Drive‐through service X X X
Any use involving automotive body work, such as collision repair,
painting, dismantling or customizing X X X
C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #1.doc
111
Commercial District Regulations Summary
Permit Type
P ‐ Permitted
CUP – Conditional Use Permit
X – Expressly Prohibited Use
Use Description
C‐N C‐V C‐H
Mini‐storage facilities X X X
Outdoor sales or storage of motor vehicles X X X
Professional and administrative offices P P P 1 CUP 2
Financial institutions P P P1 CUP2
Personal service businesses P P P 3 CUP 4
Religious and charitable institutions. P CUP CUP
Christmas tree and pumpkin sales lots P ‐ ‐
Mixed‐use development CUP CUP CUP
Medical offices and clinics CUP CUP P1 CUP2
Mortuaries ‐ CUP ‐
Theaters ‐ CUP CUP
Automobile upholstering shops ‐ CUP ‐
1 When located either above the street level or at the street level if separated from the street
frontage by a retail establishment.
2 When located at street level and having street frontage.
3 When above street level but do not have primary access from Big Basin Way or across the
front lot line.
4 When having primary access from Big Basin Way or across the front lot line.
C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #1.doc
112
Residential District Regulations Summary
Permit Type
P ‐ Permitted
CUP – Conditional Use Permit
X – Expressly Prohibited Use
Use Description
R‐1 R‐M HR R‐OS
Single‐family dwellings P P P P 5
Multi‐family dwellings ‐ P ‐ ‐
Accessory structures and uses (On site with permitted
uses) P P P P
Accessory structures and uses (On site with
conditionally permitted uses) CUP CUP CUP ‐
Accessory structures for agricultural use ‐ ‐ ‐ CUP
Accessory structures exceeding a floor area of two
hundred fifty square feet ‐ ‐ ‐ CUP
Raising of fruit and nut trees, vegetables and
horticultural specialties, not including nurseries,
greenhouses or storage of landscaping equipment
products or supplies for commercial uses.
P P ‐ ‐
Raising of vegetables, field crops, fruit and nut trees
and horticultural specialties, and the processing of
such products as are so raised or grown on the
premises.
‐ ‐ P ‐
Wineries ‐ ‐ CUP CUP
Plant nurseries, excluding sales of items other than
plant materials. ‐ ‐ CUP ‐
Agricultural uses such as raising of vegetables, field
crops, vines, fruits, and nut trees, and horticultural
specialties, and the processing of such products.
‐ ‐ ‐ P
Facilities for sale of agricultural products produced on
the site, including on site retail sales of Christmas trees ‐ ‐ ‐ CUP
Home occupations P P P P
Stables and corrals (Two or fewer horses) P 6 ‐ P ‐
Stables and corrals (More than Two horses) ‐ ‐ CUP ‐
Stables, corrals, and pastures (one acre per two
horses) ‐ ‐ ‐ P
5 Not more than one per lot.
6 For the keeping for private use of one horse for each forty thousand square feet of net site area; provided,
however, that in the equestrian zone only, one additional horse may be permitted on the first forty thousand
square feet of net site area, and an additional horse may be permitted for each additional forty thousand square
feet of net site area.
C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #1.doc
113
Permit Type
P ‐ Permitted
CUP – Conditional Use Permit
X – Expressly Prohibited Use
Use Description
R‐1 R‐M HR R‐OS
Commercial stables, boarding stables and community
stables ‐ ‐ ‐ CUP
Swimming pools P P P P
The keeping for private use of a reasonable number of
domestic dogs, cats and other small mammals, birds,
fish and small reptiles
P P P P
Recreational courts P 7 ‐ ‐ CUP
Community facilities CUP CUP CUP ‐
Institutional facilities CUP CUP CUP ‐
Police and fire stations and other public buildings,
structures and facilities CUP CUP CUP CUP
Religious and charitable institutions. CUP CUP CUP ‐
Nursing homes and day care facilities, in excess of six
persons being cared for at the facility. CUP CUP CUP ‐
Public utility and public service pumping stations,
power stations, drainage ways and structures, storage
tanks and transmission lines
CUP CUP ‐ CUP
Recreational courts CUP 8 CUP CUP ‐
Boarding stables and community stables CUP ‐ CUP ‐
Model homes utilized in connection with the sale of
new single‐family dwellings in a subdivision CUP CUP CUP ‐
Cemeteries. CUP ‐ ‐ ‐
Antenna facilities operated by a public utility for
transmitting and receiving cellular telephone and
other wireless communications.
CUP CUP CUP ‐
Hotels (in the R‐M‐3,000 district only) ‐ CUP ‐ ‐
Public parks, trails and other publicly owned open
spaces. ‐ ‐ P P
Public utility and public service pumping stations,
power stations, drainage ways and structures, storage
tanks and transmission lines.
‐ ‐ ‐ ‐
Cluster development ‐ ‐ CUP CUP
Amphitheaters and other facilities for outdoor
presentation of drama, music or other forms of
entertainment available to the general public.
‐ ‐ ‐ CUP
7 To be used solely by persons resident on the site and their guests.
8 To be used solely by persons resident on the site and their guests, where the lot is located in an R‐1 district that is
combined with a P‐C district or is part of a planned residential development.
C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #1.doc
114
C:\DOCUME~1\ctclerk\LOCALS~1\Temp\Attachment #1.doc
Permit Type
P ‐ Permitted
CUP – Conditional Use Permit
X – Expressly Prohibited Use
Use Description
R‐1 R‐M HR R‐OS
Picnic and camp sites ‐ ‐ ‐ CUP
Botanical gardens ‐ ‐ ‐ CUP
115
Commercial District Regulations
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.
(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.
(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) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications.
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(c) Expressly prohibited uses. Without limiting the application of Section 15‐05.055(a) of this
Chapter, the following uses are expressly declared to be prohibited in all commercial districts:
(1) Any use which emits air pollutants, solid or liquid wastes, radioactivity, or other discharge
which endangers human health or causes damage to animals, vegetation or property.
(2) Any use which creates offensive odor, noise, vibration, glare or electrical disturbance,
detectable beyond the boundaries of the site, or creates a hazard of fire or explosion.
(3) Any use involving drive‐through service, such as restaurants and financial institutions with
drive‐through windows.
(4) Any use involving automotive body work, such as collision repair, painting, dismantling or
customizing.
(5) Mini‐storage facilities.
(6) Outdoor sales or storage of motor vehicles.
15‐19.030 C‐N 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 a C‐N district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Personal service businesses.
(4) Religious and charitable institutions.
(5) Christmas tree and pumpkin sales lots.
(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 a C‐N district, upon the granting
of a use permit pursuant to Article 15‐55 of this Chapter.
(1) Mixed‐use development conforming to the design standards found in Article 15‐58.
(2) Medical offices and clinics.
15‐19.040 C‐V 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 a C‐V district:
(1) Professional and administrative offices.
(2) Financial institutions.
(3) Personal service businesses.
(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 a C‐V district, upon the granting of
a use permit pursuant to Article 15‐55 of this Chapter:
(1) Religious and charitable institutions.
(2) Mixed‐use development conforming to the design standards found in Article 15‐58.
(3) Medical offices and clinics.
(4) Mortuaries.
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(5) Theaters.
(6) Automobile upholstering shops, provided all operations are conducted within an enclosed
structure.
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.
(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.
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Residential District Regulations
Article 15‐12 R‐1: SINGLE‐FAMILY RESIDENTIAL DISTRICTS
15‐12.020 Permitted uses.
The following permitted uses shall be allowed in the R‐1 districts:
(a) Single‐family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby
shops, cabanas, structures for housing swimming pool equipment, one second dwelling unit or
one guest house.
(c) Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment products or supplies for
commercial uses.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(e) Stables and corrals for the keeping for private use of one horse for each forty thousand
square feet of net site area; provided, however, that in the equestrian zone only, one additional
horse may be permitted on the first forty thousand square feet of net site area, and an
additional horse may be permitted for each additional forty thousand square feet of net site
area. All horses shall be subject to the regulations and license provisions set forth in Section 7‐
20.220 of this Code.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of
this Code, and subject also to the restrictions and standards prescribed in Section 15‐11.020(h)
of this Chapter.
(h) Except as specified in Section 15‐12.030, recreational courts, to be used solely by persons
resident on the site and their guests. (Amended by Ord. 221 § 2 (part), 2003)
15‐12.030 Conditional uses.
The following conditional uses may be allowed in the R‐1 districts, upon the granting of a use
permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities, in excess of six persons being cared for at the facility.
(g) Public utility and public service pumping stations, power stations, drainage ways and
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structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests,
where the lot is located in an R‐1 district that is combined with a P‐C district or is part of a
planned residential development.
(i) Boarding stables and community stables, subject to the regulations prescribed in Section 7‐
20.220 of this Code.
(j) Model homes utilized in connection with the sale of new single‐family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period
of time as determined by the Planning Commission, not to exceed an initial term of one year
and not exceeding a term of one year for each extension thereof.
(k) Cemeteries.
(l) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications. (Amended by Ord. 221 § 2 (part), 2003; Ord.
245 § 2 (Att. A) (part), 2006)
Article 15‐17 R‐M: MULTI‐FAMILY RESIDENTIAL DISTRICTS
15‐17.020 Permitted uses.
The following permitted uses shall be allowed in the R‐M districts:
(a) Single‐family dwellings.
(b) Multi‐family dwellings.
(c) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, hobby shops,
cabanas and structures for housing swimming pool equipment.
(d) Raising of fruit and nut trees, vegetables and horticultural specialties, not including
nurseries, greenhouses or storage of landscaping equipment, products or supplies for
commercial uses.
(e) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use of a reasonable number of dogs, cats and other small mammals,
birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of this Code,
and subject also to the restrictions and standards prescribed in Section 15‐11.020(h) of this
Chapter.
15‐17.030 Conditional uses.
The following conditional uses may be allowed in the R‐M districts, upon the granting of a use
permit pursuant to Article 15‐55 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
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(c) Institutional facilities.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests.
(i) Model dwelling units utilized in connection with the sale of dwelling units in a residential
subdivision, located within the same subdivision or, in the discretion of the Planning
Commission, within another subdivision developed by the applicant, for such period of time as
determined by the Planning Commission, not to exceed an initial term of one year and not
exceeding a term of one year for each extension thereof.
(j) Hotels, in the R‐M‐3,000 district only.
(k) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications. (Amended by Ord. 71‐163 § 1 (part), 1996)
Article 15‐13 HR: HILLSIDE RESIDENTIAL DISTRICT
15‐13.030 Permitted uses.
The following permitted uses shall be allowed in the HR district:
(a) Single‐family dwellings.
(b) Accessory structures and uses located on the same site as a permitted use, including garages
and carports, garden sheds, greenhouses, shade structures, recreation rooms, home hobby
shops, cabanas, structures for housing swimming pool equipment and one guest house.
(c) Raising of vegetables, field crops, fruit and nut trees and horticultural specialties, and the
processing of such products as are so raised or grown on the premises.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(e) Stables and corrals or the keeping for private use of not more than two horses on a site. The
minimum net site area shall be forty thousand square feet for one horse and eighty thousand
square feet for two horses, except that in the equestrian zone only, a second horse may be kept
if the net site area is at least forty thousand square feet. All horses shall be subject to the
regulations and license provisions set forth in Section 7‐20.220 of this Code.
(f) Swimming pools used solely by persons resident on the site and their guests.
(g) The keeping for private use, of a reasonable number of domestic dogs, cats and other small
mammals, birds, fish and small reptiles, subject to the regulations as set forth in Article 7‐20 of
this Code, and subject also to the restrictions and standards prescribed in Section 15‐11.020(h)
of this Chapter.
(h) Public parks, trails and other publicly owned open spaces. (Ord. 71.113 § 2 (part), 1992)
15‐13.040 Conditional uses.
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The following conditional uses may be allowed in the HR district, upon the granting of a use
permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter. The conditional uses listed in
subsections (k), (l), (m), (n) and (o) of this Section may be permitted, provided the uses do not
create major traffic or noise impacts and are found to be compatible with the immediately
surrounding area:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(c) Recreational courts, to be used solely by persons resident on the site and their guests.
(d) Boarding stables and community stables, subject to the regulations prescribed in Section 7‐
20.220 of this Code.
(e) Model homes utilized in connection with the sale of new single‐family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period
of time as determined by the Planning Commission, not to exceed an initial term of one year
and not exceeding a term of one year for each extension thereof.
(f) Stables and corrals for the keeping for private use of more than two horses on a site. The
minimum net site area for each horse shall be forty thousand square feet, except that in the
equestrian zone only, one additional horse may be permitted for each forty thousand square
feet of net site area. All horses shall be subject to the regulations and license provisions set
forth in Section 7‐20.220 of this Code.
(g) Plant nurseries, excluding sales of items other than plant materials.
(h) Wineries.
(i) Cluster development in accordance with Section 15‐13.060(c).
(j) Community facilities.
(k) Institutional facilities.
(l) Police and fire stations and other public buildings, structures and facilities.
(m) Religious and charitable institutions.
(n) Nursing homes and day care facilities.
(o) Antenna facilities operated by a public utility for transmitting and receiving cellular
telephone and other wireless communications. (Ord. 71.113 § 2 (part), 1992; Ord. 71‐163 § 1
(part), 1996; Ord. 245 § 2 (Att. A) (part), 2006)
Article 15‐20 R‐OS: RESIDENTIAL OPEN SPACE DISTRICT
15‐20.020 Permitted uses.
The following permitted uses shall be allowed in the R‐OS district:
(a) Single‐family dwellings. No more than one dwelling unit shall be located on each lot.
(b) Accessory structures located on the same lot as a permitted use and not exceeding a total
floor area of two hundred fifty square feet, including detached garages and carports, garden
sheds, greenhouses, shade structures, recreation rooms, home hobby shops, cabanas,
structures for housing swimming pool equipment and one guest house. Accessory structures for
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agricultural uses such as stables, barns, hay covers and storage sheds shall not exceed a total of
one thousand six hundred square feet.
(c) Agricultural uses such as raising of vegetables, field crops, vines, fruits, and nut trees, and
horticultural specialties, and the processing of such products.
(d) Home occupations, conducted in accordance with the regulations prescribed in Article 15‐40
of this Chapter.
(e) Stables, corrals, and pastures for the keeping of horses for private use. The minimum net
site area shall be one acre for each two horses kept on the site. All horses shall be subject to
the regulations and license provisions set forth in Section 7‐20.220 of this Code.
Notwithstanding the provisions of Section 16‐80.030(a) of this Chapter, no stable or corral shall
be located closer than thirty feet from any interior property line of the site or any structure for
human habitation. Setbacks from perennial or intermittent streams shall be sufficient to avoid
any discharge or mud slide into the stream. Any stable, corral or pasture which is fifty feet or
less from any perennial or intermittent stream bank shall require the approval of the City
Engineer and/or Santa Clara Valley Water District. The property owners shall comply with the
mitigation measures pursuant to the Water District and/or the City Engineer’s requirements. In
addition, the natural grade of a corral shall not exceed an average slope of fifteen percent.
(f) Swimming pools used solely by persons resident on the site and their guests. Pools shall be
constructed subject to the standards provided in Section 15‐20.050(g)(5) and Section 15‐
80.030.
(g) The keeping for private use of a reasonable number of domestic dogs, cats, sheep, goats,
and other small mammals, birds, fish and small reptiles, subject to the regulations as set forth
in Article 7‐20 of this Code, and subject also to the restrictions and standards prescribed in
subsection 15‐11.020(h) of this Chapter.
(h) Public parks, trails and other publicly owned open spaces. (Ord. 71.98 § 2 (part), 1991; Ord.
245 § 2 (Att. A) (part), 2006)
15‐20.030 Conditional uses.
The following conditional uses may be allowed in the R‐OS district, upon the granting of a use
permit pursuant to Article 15‐55 or Article 15‐56 of this Chapter:
(a) Accessory structures exceeding a floor area of two hundred fifty square feet. The height
standards for such structures may be modified by the Planning Commission through use permit
approval.
(b) Accessory structures for agricultural use exceeding one thousand six hundred square feet in
total floor area.
(c) Amphitheaters and other facilities for outdoor presentation of drama, music or other forms
of entertainment available to the general public.
(d) Police and fire stations and other public buildings, structures and facilities.
(e) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(f) One recreational court on a single site, to be used solely by persons resident on the site and
their guests, subject to the regulations prescribed in Section 15‐80.030(c) of this Chapter.
(g) Commercial stables, boarding stables and community stables, subject to the regulations
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prescribed in Section 7‐20.220 of this Code.
(h) Facilities for sale of agricultural products produced on the site, including on site retail sales
of Christmas trees.
(i) Wineries which may include conference facilities designed to accommodate no more than
fifty guests with no overnight accommodation.
(j) Picnic and camp sites.
(k) Botanical gardens.
(l) Clustered housing per Section 15‐20.060(d).
(m) Veterinarian clinics.
(Ord. 71.98 § 2 (part), 1991; Ord. 245 § 2 (Att. A) (part), 2006)
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SARATOGA CITY COUNCIL
MEETING DATE: March 18, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell
Administrative Analyst II Assistant City Manager
SUBJECT: Selection of Conceptual Website Homepage Design
RECOMMENDED ACTION:
Accept report, select one of three conceptual website homepage designs, and offer input on the
selected design so that it can be further refined.
BACKGROUND:
Since the City entered into an agreement with Civica Software in November 2008 to redesign the
City’s website, Civica has been working with the City’s Design Team to create an attractive
conceptual design that reflects the character of Saratoga and offers easy navigation for website
visitors.
The Design Team, which includes Brian Berg, Sunil Gupta, Bob Luetz, Lane Weiss, Dave
Anderson, Crystal Morrow, and Leo Salindong, has met several times to share information about
Saratoga and offer suggested improvements to help shape and enhance Civica’s conceptual
designs.
To facilitate development of a design that resonates with Saratoga residents, the Design Team
has carefully considered input from the Website Advisory Group—a citizen group that has been
submitting recommendations on upcoming design decisions to staff via email—before discussing
design issues with Civica.
The design selected by Council will be further refined based on input given by the Council and
the public. Additionally, the design will serve as the foundation for the development of
secondary website pages.
FISCAL IMPACTS:
Expenses associated with the development of a website design are covered under the City’s
agreement with Civica Software.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Page 1 of 2
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Page 2 of 2
The website development will be delayed if one of the three conceptual designs is not selected.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Conceptual Design 1c
Attachment B: Conceptual Design 2c
Attachment C: Conceptual Design 3c
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gn 1c Desig eptual Conce
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2c Design ptual D Concep
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gn 3c Desig eptual Conce
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