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HomeMy WebLinkAbout12-02-2015 City Council agenda1 AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL DECEMBER 2, 2015 SPECIAL MEETING – 5:00 P.M. – ADMINISTRATIVE CONFERENCE ROOM, CITY HALL, 13777 FRUITVALE AVENUE 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. COMMISSION INTERVIEWS – 5:00 P.M. Time Name Commission Incumbent Openings 5:10 p.m. Marilyn Marchetti Heritage Preservation 1 Term (1/1/2015- 12/31/2019) Yes 1 5:20 p.m. Ray Cosyn Traffic Safety 1 Term (1/1/2015- 12/31/2019) Yes 3 5:25 p.m. Philip Lee Traffic Safety 1 Term (1/1/2015- 12/31/2019) No 3 5:30 p.m. Christopher Coulter Traffic Safety 1 Term (1/1/2015- 12/31/2019) No 3 5:35 p.m. Jonathan “Jojo” Choi Traffic Safety 1 Term (1/1/2015- 12/31/2019) No 3 5:40 p.m. Rajiv Mathur Traffic Safety 1 Term (1/1/2015- 12/31/2019) No 3 CALL JOINT MEETING TO ORDER – 6:00 P.M. 1. Assembly Member Evan Low Recommended Action: Informational Only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. 2 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, Debbie Bretschneider, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on November 25, 2015 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 25th day of November 2015 at Saratoga, California. Debbie Bretschneider, Acting City Clerk     City of Saratoga  CITY COUNCIL JOINT MEETING Meeting Discussion Topics      Joint Meeting with Assembly Member Evan Low  December 2, 2015 | 6:00 p.m.  Saratoga City Hall | Administrative Conference Room      6:00 p.m. Introductions    6:15 p.m. Update on State issues    6:35 p.m.  Other Remarks & Wrap‐up    Dinner is provided during the Joint Meeting.     The Regular City Council Meeting begins at 7:00 p.m. in the Civic Theater.  Joint meeting attendees are invited to attend the Regular Meeting and share  an overview of the joint meeting with the public during Oral Communications.     1 AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL DECEMBER 2, 2015 SPECIAL MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS – 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA The agenda for this meeting was properly posted on November 25, 2015. COMMUNICATIONS FROM PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. NEW BUSINESS 1. Remarks from Outgoing Mayor Miller and Council Members 2. Reorganization of City Council Recommended action: Appoint Mayor and Vice Mayor: 1) City Clerk declares the offices of Mayor and Vice Mayor to be vacant; 2) Nomination of the Mayor; 3) Administer oath of office to new Mayor; 4) Nomination of the Vice Mayor; and 5) Administer oath of office to new Vice Mayor. 3. Remarks from New Mayor, Vice Mayor, and Council Members ADJOURNMENT TO CIVIC THEATER LOBBY FOR SHORT RECEPTION 2 In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] Certificate of Posting of Agenda: I, Debbie Bretschneider, Acting City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for public review on November 25, 2015 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City’s website at www.saratoga.ca.us. Signed this 25th day of November 2015 at Saratoga, California. Debbie Bretschneider, Acting City Clerk Table of Contents Agenda 2 Commendation for Assembly Member Evan Low Staff report 6 Commendation 7 Management Talent Exchange Program Report Staff Report 8 ATT A -Presentation 10 City Council Meeting Minutes Staff Report 20 ATT A -Minutes 21 Second Reading of an Ordinance Amending City Code Sections 15-45 and 15-46 (Design Review Story Pole Requirements) Staff Report 30 Att 1 - Ordinance 31 Second Reading of an Ordinance Amending City Code Section 15-65 (Nonconforming Uses and Structures) Staff Report 39 Att 1 - Ordinance 40 Review of City Council Agency & Ad Hoc Committees Staff report 56 ATT A - 2015 Agency descriptions 57 ATT B - 2015 Assignments 62 2016 City Council Meeting Schedule Staff Report 63 ATT A - 2016 calendar 64 1 Page 1 of 4 REGULAR MEETING – 8:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE COMMUNICATIONS FROM PUBLIC Oral Communications on Non-Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Commendation for Assembly Member Evan Low Recommended action: Present the commendation to Assembly Member Evan Low. SPECIAL PRESENTATIONS 2. Management Talent Exchange Program Report Recommended action: Receive report CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 3. City Council Meeting Minutes Recommended action: Approve the City Council minutes for the Special and Regular City Council Meeting on November 18, 2015. AGENDA REGULAR MEETING SARATOGA CITY COUNCIL DECEMBER 2, 2015 2 Page 2 of 4 4. Second Reading of an Ordinance Amending City Code Sections 15-45 and 15-46 (Design Review Story Pole Requirements) Recommended action: Waive the second reading and adopt the attached ordinance revising City Code Sections 15- 45 and 15-46 (Design Review Story Pole Requirements). 5. Second Reading of an Ordinance Amending City Code Section 15-65 (Nonconforming Uses and Structures) Recommended action: Waive the second reading and adopt the attached ordinance revising City Code Section 15-65 (Nonconforming Uses and Structures). 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. OLD BUSINESS None NEW BUSINESS 6. Review of City Council Agency & Ad Hoc Committees Recommended action: Review the list of agencies and committees and provide direction on any changes to staff. 7. 2016 City Council Meeting Schedule Recommended action: Provide direction on the 2016 City Council Meeting schedule. CITY COUNCIL ASSIGNMENT REPORTS Mayor Howard Miller Cities Association of Santa Clara County Council Finance Committee Valley Transportation Authority (VTA) Policy Advisory Committee Valley Transportation Authority (VTA) SR85 Policy Advisory Board VTA Board West Valley Cities Alternate West Valley Mayors and Managers Association West Valley Solid Waste Management Joint Powers Authority Vice Mayor Manny Cappello Council Finance Committee Hakone Foundation Board Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) West Valley Sanitation District 3 Page 3 of 4 Council Member Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Santa Clara County Library Joint Powers Authority Public Art Adhoc Council Member Mary-Lynne Bernald Association of Bay Area Governments Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County-Selection Committee Saratoga Historical Foundation Saratoga Sister City Organization Public Art Adhoc Council Member Rishi Kumar Santa Clara County Expressway Plan 2040 Policy Advisory Board Santa Clara Valley Water District Commission Saratoga Chamber of Commerce & Destination Saratoga Saratoga Ministerial Association CITY COUNCIL ITEMS CITY MANAGER’S REPORT ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Debbie Bretschneider, Acting 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 November 25, 2015, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 25th day of November 2015 at Saratoga, California. Debbie Bretschneider, Acting City Clerk 4 Page 4 of 4 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us 12/02 Regular Meeting – Joint Meeting with Assembly Member Low 12/16 Regular Meeting –5:30 p.m.Library Commission Study Session 6:15 p.m. Council Norms Study Session Unless otherwise stated, Joint Meetings and Study Sessions begin at 6:00 p.m. in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2015 5 SARATOGA CITY COUNCIL MEETING DATE: December 2, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Debbie Bretschneider, SUBJECT: Commendation for Assembly Member Evan Low RECOMMENDED ACTION: Present the commendation to Assembly Member Evan Low. BACKGROUND: Assembly Member Low was instrumental in working with the State Department of Finance on correcting the Tax Equity Allocation funding for the City of Saratoga. ATTACHMENTS: Attachment A – Commendation for Assembly Member Evan Low. SARATOGA CITY COUNCIL , 2015 City Manager’s Office Debbie Bretschneider, Acting City Clerk Assembly Member Evan Low Assembly Member Evan Low. was instrumental in working with the State Department of Finance on correcting the Tax Equity Allocation funding for the City of Saratoga. Assembly Member Evan Low. was instrumental in working with the State Department of Finance on 6 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING ASSEMBLY MEMBER EVAN LOW WHEREAS, in 1978, the residents of California passed Proposition 13, which froze property taxes at their current levels; and WHEREAS, Tax Equity Allocation legislation was passed in the 1980’s to provide relief for smaller low property tax cities; and WHEREAS, State legislation limited the four low property tax cities in Santa Clara County; Saratoga, Cupertino, Los Altos Hills, and Monte Sereno to just 55% of the minimum Tax Equity Allocation (TEA) other California cities received; and WHEREAS, in 2006, the Santa Clara County Board of Supervisor’s support for Assembly Bill 117, which attempted to correct the TEA limitation was greatly appreciated; and WHEREAS, four different bills were authorized to correct the TEA inequity in the State Assembly and Senate: AB 1827 (2008), AB 68 (2010), AB 1816 (2012) SB 629 (2013); and WHEREAS, in 2015, Assembly Member Low was instrumental in working with the Assembly to include the TEA correction in the State budget; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby recognize and thank Assembly Member Evan Low for his time and effort in correcting the longstanding tax inequity for the City of Saratoga. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA this 2nd day of December 2015. ___________________________ , Mayor City of Saratoga 7 SARATOGA CITY COUNCIL MEETING DATE: December 2, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Cheryl Parkman, Management Talent Exchange Participant SUBJECT: Management Talent Exchange Program Report RECOMMENDED ACTION: Receive report. BACKGROUND: Santa Clara County and San Mateo Count Management Talent Exchange Program (MTEP) obtaining experience outside of their curre Manager Frank Benest founded MTEP to develop talent within organizations so that they may be more prepared for leadership roles in the future. learning forums scheduled before and after the assignment leadership potential and project management expertise. The City Manager proposed two projects to be completed by the during the three-month assignment. As pa “Communications Assessment Report” consultants suggested that the City create a engage the public in the event of an emergency. The City was also aware of this need League of California Cities presentation given at Meeting. The second project was for the performance measure currently contained in the budget seek to link the strategic goals and objectives of the City with the strategies the different departments ideal to change performance measures every year, it is important to revise measures to accurately improve the linkages between the departments’ actions and the City Council’s strategic objectives. DISCUSSION: As discussed above, the Saratoga MTEP focu communication plan and budget performance measures update. SARATOGA CITY COUNCIL December 2, 2015 City Manager’s Office Cheryl Parkman, Management Talent Exchange Participant Management Talent Exchange Program Report and San Mateo County offer employees the opportunity to participate in the Management Talent Exchange Program (MTEP). This program is for individuals interested in obtaining experience outside of their current local government agencies. Former Palo Alto er Frank Benest founded MTEP to develop talent within organizations so that they may be more prepared for leadership roles in the future. MTEP lasts for three months with several before and after the assignment to develop the MTEP participant’s leadership potential and project management expertise. The City Manager proposed two projects to be completed by the Saratoga MTEP participant month assignment. As part of the Tripepi Smith & Associates Report” presented to City Council on August 31, 2015, the create a crisis communication plan to be better prepared to engage the public in the event of an emergency. The City was also aware of this need based on a League of California Cities presentation given at the annual City Manager’s Department was for the performance measures to be updated. The performance measures seek to link the strategic goals and objectives of the City with the strategies the different departments use to meet those goals and objectives. Although it is not e performance measures every year, it is important to revise the performance improve the linkages between the departments’ actions and the City As discussed above, the Saratoga MTEP focused on two special assignments: a crisis communication plan and budget performance measures update. offer employees the opportunity to participate in the for individuals interested in Palo Alto City er Frank Benest founded MTEP to develop talent within organizations so that they may be MTEP lasts for three months with several to develop the MTEP participant’s MTEP participant Smith & Associates’ presented to City Council on August 31, 2015, the prepared to based on a the annual City Manager’s Department he performance measures seek to link the strategic goals and objectives of the City with Although it is not the performance improve the linkages between the departments’ actions and the City sed on two special assignments: a crisis 8 MTEP Objectives and Results Crisis communication plans provide a formal structure to the strategy employed by a designated Public Information Officer (PIO) when disseminating information to the public during emergencies. Based research into best practices, the crisis communication plan allows for the flow of information to disseminate from the Public Information Officer to the public using a variety of communication methods. These communication methods are, but are not limited to, social media, television, printed media, and radio. For each of these mediums, a template is included in the Crisis Communication Plan (CCP) to give the PIO a head-start during a crisis. According to Scott Summerfield of SAE Communications, the CCP puts Saratoga ahead of 99% of other agencies in terms of preparedness. I learned about a new area of government communications through the creation of the CCP. Since an entire community is affected by a disaster, I formed relationships with the City’s strategic partners including the Santa Clara County Fire Department, Santa Clara County Office of Emergency Services, and the Saratoga Union School District. One of my goals for my MTEP experience was to focus on my project management skills. The opportunity to draft the CCP allowed me use project management skills to deliver a quality product that links the communication goals of the City with the community’s anticipated needs. Previously, the Finance Department worked with the departments to tie the Council’s strategic goals with the different strategies employed by the department to achieve those goals. The revised performance measures were created through research into the best practices from other local government agencies and through discussions with each of the four departments. Each of the departments provided information into their day-to-day operations and how they could connect with the strategic objectives. I developed an understanding of the City’s operations on a specialized level by talking with each of the departments about their regularly scheduled routines. I am impressed by the amount of work being conducted by the staff, considering other agencies use more employees to get the same amount of work done. This assignment also focused on how the departments strive to deliver services in a way that matches the values of the community. Since the performance measures are designed to keep the community and City Council informed of important metrics, the updated additions seek to provide the insight to help those stakeholders decide if the City is meeting their objectives or if any of the processes should be revised. In addition, during my MTEP experience I expressed a desire to help with community engagement. The Village Specific Plan update kickoff meeting held on November 17th was suggested as a way to gain exposure to a community event that would help me develop social media and logistical techniques. In addition to the physical flyers posted around town, Facebook, NextDoor, and Twitter were utilized to market the event. About thirty-four community members attended the event. We also collected the attendees’ email addresses for future updates on the Village Plan Update. This was a unique opportunity to witness an important community conversation about a divisive topic. ATTACHMENTS: Attachment A – Presentation 9 December 2, 2015 Item 3 Management Talent Exchange Program Report 10 Background •Hometown: Los Gatos, CA •College: University of California, Santa Barbara •Business Economics and Communication •First job out of college: Marketing for a wine shipper •Local government experience 11 Management Talent Exchange Program •Purpose: Bay Area agencies participate to engage the next generation of local government leaders •Duration: September through December 2015 •Goals: To develop a new skill set while challenging one’s self to succeed in a new and different environment 12 Objectives •Crisis Communication Plan •Performance Measures Update •Community Engagement Photo Credit: S. Gardner 13 •Research into best practices •SAE Communications review •Relationship with SUSD Crisis Communication Plan 14 Quick Flow for Crisis Communications 15 Performance Measures •Researched local government best practices for suggestions •Informational interviews with departments •Provided additional and revised strategies employed by departments that correlate with strategic objectives 16 •Village Specific Plan Update Kickoff Meeting •Social media marketing •Summary of events Community Engagement 17 18 19 SARATOGA CITY COUNCIL MEETING DATE: December 2, 2015 DEPARTMENT: City Manager’s Office PREPARED BY: Debbie Bretschneider SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for November 18, 2015. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A - Minutes for the Special 2015 SARATOGA CITY COUNCIL , 2015 City Manager’s Office Debbie Bretschneider, Acting City Clerk City Council Meeting Minutes Approve the City Council minutes for the Special and Regular City Council Meeting Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. Minutes will be retained for legislative history and posted on the City of Saratoga website. Minutes for the Special and Regular City Council Meeting on November Regular City Council Meeting on Draft City Council minutes for each Council Meeting are taken to the City Council to be Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to Minutes will be retained for legislative history and posted on the City of Saratoga website. November 18, 20 Page 1 of 9 MINUTES WEDNESDAY, NOVEMBER 18, 2015 SARATOGA CITY COUNCIL SPECIAL MEETING At 5:30 p.m., the Saratoga City Council called the Special Meeting to order in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue and adjourned to Closed Session. At 6:00 p.m., the Saratoga City Council held a joint meeting with Senator Jim Beall Jr. in the Administrative Conference Room at Saratoga City Hall at 13777 Fruitvale Avenue. SARATOGA CITY COUNCIL REGULAR MEETING Mayor Miller called the Regular Meeting to order at 7:01 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Howard Miller, Vice Mayor Manny Cappello, Council Members Emily Lo, Mary-Lynne Bernald, Rishi Kumar ABSENT: None ALSO PRESENT: James Lindsay, City Manager Catherine Engberg, Acting City Attorney Debbie Bretschneider, Acting City Clerk Mary Furey, Finance & Administrative Services Director Erwin Ordonez, Community Development Director John Cherbone, Public Works Director Michael Taylor, Recreation & Facilities Director Tony McFarlane, Finance Manager Brian Babcock, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA Acting City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on November 13, 2015. Report on Closed Session. Mayor Miller stated that there was no report from Closed Session. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Nai Hsuch, Representative from the Santa Clara Valley Water District Board, announced that 30 letters went out to Saratoga residents who live along creeks about encroachment onto Water District property. Nancy Kirk received a notice on removal of tree in her neighborhood on October 30. She found the letter to be confusing. Would also like public input on removal of trees before appeal process 21 Page 2 of 9 OPMBOE FLL Robotics team reported on their project on how to motivate people to reduce trash. Their project would make a garbage meter like a water meter and have garbage paid for by the pound instead of a flat rate. Oral Communications - Council Direction to Staff Mayor Miller commented on tree removal in Saratoga. The City has very strict rules on removing trees. If a tree removal meets our rules, then we notice residents within 500 ft. of the tree. Council direction to staff is to make sure the noticing letter is clear and easy to read. ANNOUNCEMENTS Council Member Kumar announced that the Interfaith Thanksgiving Service started 50 years ago and is happening this Thanksgiving at the Church of Latter day Saints, 19100 Allendale Avenue, at 9:45 a.m. 40 different faiths participating. Council Member Kumar also announced the day-after-Thanksgiving Tree lighting in Blaney Plaza and the wine stroll that the Chamber of Commerce organizes. Council Member Kumar publicized the Start-up Boot Camp, which is a semester long program on how to create a business plan and learn to develop that plan. The program starts in January 2016. It ends on June 12, Saratoga Tech day, when the business plans will be judged. http://www.siliconvalleycoders.org And Council Member Kumar announced the Saratoga High School Robotics Club will have a competition on November 21. Council Member Bernald announced that on November 27, the Saratoga History Museum will have an Open House and an exhibit on Holidays which runs through January. The museum’s regular hours are 1-4 Thursday-Saturday. Council Member Bernald also wanted to let everyone know that Nann Miller had passed away last Saturday and services are in Cincinnati, Ohio. Council Member Lo wanted everyone to know that the Saratogan is on the back page of the Recreation Department Activity Guide. Recommends signing up for subscription. There are articles on Holiday safety tips and the budget of City. Vice Mayor Cappello also wanted to mention the Chamber of Commerce sponsored Wine Stroll after Tree Lighting on November 27 at 5:00 p.m. Mayor Miller declared that the Council was conducting the November 18 meeting in honor of Nann Miller, long time participant of KSAR and a teacher. Mayor Miller publicized the Silicon Valley Turkey Trot, which is the largest in the U.S. It is on Thanksgiving Day in downtown San Jose and raises money for charities in Santa Clara County. Mayor Miller also mentioned that there will be an article in the San Jose Mercury News about arrests in Saratoga for human trafficking. The Council certainly does not approve of this happening and anyone in trouble in Saratoga can approach our Sheriff’s Office for help. 22 Page 3 of 9 CEREMONIAL ITEMS 1. Commendation for Senator Jim Beall Jr. Recommended action: Present the commendation to Senator Jim Beall Jr. The City Council presented the commendation to Senator Jim Beall Jr. 2. Commendation for Saratoga High School Band Recommended action: Present the commendation to the Saratoga High School Band. The City Council presented the commendation to the Saratoga High School Band. Mayor Miller announced that the Saratoga High School Band will be performing in the Rose Bowl Parade. Mayor Miller also announced that the Saratoga High School Band and Redwood Middle School Band are performing together in the Los Gatos Holiday parade. SPECIAL PRESENTATIONS 3. Community Storm Preparedness Recommended action: Receive report and provide direction to staff. The City Council received the report from John Cherbone, Public Works Director. CONSENT CALENDAR 4. City Council Meeting Minutes Recommended action: Approve the City Council minutes for the Special and Regular City Council Meeting on November 4, 2015. CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETING ON NOVEMBER 4, 2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check registers for the following accounts payable payment cycles: 11/03/2015: Period 5 11/10/2015: Period 5 CAPPELLO/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 11/03/2015: PERIOD 5 AND 11/10/2015: PERIOD 5. MOTION PASSED. AYES: MILLER, 23 Page 4 of 9 CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 6. Treasurer’s Report for the Month Ended August 31, 2015 Recommended action: Review and accept the Treasurer’s Report for the month ended August 31, 2015. CAPPELLO/BERNALD MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED AUGUST 31, 2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 7. Development Impact Fee Report Recommended action: Review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2015. CAPPELLO/BERNALD MOVED TO REVIEW AND ACCEPT THE ANNUAL AB1600 DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE 30, 2015. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 8. Second Reading of an Ordinance Amending Articles 7 – 45 and 7 – 50 of the City Code governing the maintenance of commercial and residential private property, permitting the City to mandate the removal of dead trees deemed to be a nuisance or posing a risk to public safety. Recommended action: Waive the second reading and adopt the attached ordinance to revise Articles 7 – 45 and 7 – 50. ORDINANCE 335 CAPPELLO/BERNALD MOVED TO WAIVE THE SECOND READING AND ADOPT THE ATTACHED ORDINANCE TO REVISE ARTICLES 7 – 45 AND 7 – 50. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE PUBLIC HEARINGS 9. Amendment of City Code Sections 15-45.075 and 15-46.032 (Design Review Story Pole Requirements). Staff Contact: Erwin Ordonez (408)868-1231. Recommended action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Community Development Director Erwin Ordonez provided the staff report. Planning Commission Vice Chair Dede Smullen attended to answer any questions. She said that the Planning commission is happy to have these new rules. 24 Page 5 of 9 Mayor Miller opened the Public Hearing and invited public comment on the item. Mathew Harrigan, Timeline Designs, spoke. He prefers 3-D models instead of story poles. But his company uses story poles. Mayor Miller closed the Public Hearing. CAPPELLO/BERNALD MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE AND TO DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 10. Amendment of City Code Section 15-65 (Nonconforming Uses and Structures). Staff Contact: Erwin Ordonez (408)868-1231 Recommended action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance. 3. Direct staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. Community Development Director Erwin Ordonez provided the staff report. Planning Commission Vice Chair Dede Smullen attended to answer any questions. Mayor Miller opened the Public Hearing and invited public comment on the item. Mathew Harrigan, Timeline Design, said that he was impressed with how the Planning Commission listened to the public at the study sessions. Mayor Miller closed the public hearing. CAPPELLO/BERNALD MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE AND TO DIRECT STAFF TO PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR ADOPTION AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE Mayor Miller invited the Prospect High Students to the stage. Council took a break at 9:40 p.m. Council reconvened at 9:54 p.m. OLD BUSINESS None 25 Page 6 of 9 NEW BUSINESS 11. Second Amendment to the Hakone Gardens Master Plan Development Agreement Recommended action: Approve the Second Amendment to the Development Agreement amending payment terms and prioritizing funding for noise reduction improvements. City Manager James Lindsay provided the staff report. Mayor Miller invited public comment on the item. Ann Waltonsmith, President of the Hakone Foundation Board, wanted to thank the Council for expediting the sound wall. The Board really supports this item. LO/CAPPELLO/KUMAR MOVED TO APPROVE THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT AMENDING PAYMENT TERMS AND PRIORITIZING FUNDING FOR NOISE REDUCTION IMPROVEMENTS. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 12. Review of City Council Policies Recommended action: Receive report and provide direction to staff. City Manager James Lindsay provided the staff report. Mayor Miller invited public comment on the item. No one requested to speak. Council provided direction to staff to correct typographical errors in the Council Handbook and to update the Council Handbook with new training requirements. Also to update the E- Communications policy. The Council asked to have a training and a guide on the walkie- talkies they have been issued. 13. Council Training Budget & Expense Policy Recommended action: Receive report and provide direction to staff. City Manager James Lindsay provided the staff report. Mayor Miller invited public comment on the item. Jeff Schwartz agreed an individual budget number is good and it should be connected to public good. Suggested that the council should approve travel over a certain dollar amount. Council provided direction to staff to update the Council Expense and Travel Policy by adding that each Council Member will have a proportional amount of the City’s budget for Council training and travel and that a Council Member would need Council approval for out- of-state travel and/or for spending over a certain dollar amount on training or travel. 26 Page 7 of 9 14. Annual Audit Reports Recommended action: 1. Review and accept the following annual audit reports for Fiscal Year 2014/15; A. Comprehensive Annual Financial Report (CAFR) B. Single Audit Report (Federal Grant Awards) C. Transportation Development Act Audit Report ( MTC Grants) D. Appropriation Limit Report (Gann) E. SAS 114 Report Finance Manager Tony McFarlane provided the staff report. Mayor Miller invited public comment on the item. No one requested to speak. Mayor Miller said that he wanted to thank the Finance Department for excellent work. CAPPELLO/BERNALD MOVED TO REVIEW AND ACCEPT THE FOLLOWING ANNUAL AUDIT REPORTS FOR FISCAL YEAR 2014/15; A. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) B. SINGLE AUDIT REPORT (FEDERAL GRANT AWARDS) C. TRANSPORTATION DEVELOPMENT ACT AUDIT REPORT ( MTC GRANTS) D. APPROPRIATION LIMIT REPORT (GANN) E. SAS 114 REPORT MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 15. Code Compliance Program Expansion Recommended action: 1. Adopt the Resolution approving a Fiscal Year 2015/16 budget adjustment to increase the Code Compliance program expenditure budget by $50,000 for contract services. 2. Authorize the City Manager to execute an agreement with CSG Consultants, Inc. to provide professional code compliance services for an amount not to exceed $50,000 City Manager James Lindsay provided the staff report. Mayor Miller invited public comment on the item. No one requested to speak. RESOLUTION 15-068 LO/CAPPELLO MOVED TO ADOPT THE RESOLUTION APPROVING A FISCAL YEAR 2015/16 BUDGET ADJUSTMENT TO INCREASE THE CODE COMPLIANCE PROGRAM EXPENDITURE BUDGET BY $50,000 FOR CONTRACT SERVICES. AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CSG CONSULTANTS, INC. TO PROVIDE PROFESSIONAL CODE COMPLIANCE SERVICES FOR AN AMOUNT NOT TO EXCEED $50,000. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 27 Page 8 of 9 16. Imposition of Terms of Employment – Saratoga Management Organization Recommended action: Adopt the resolution imposing and implementing terms of employment on the members of the Saratoga Management Organization. Mayor Miller provided the staff report. Mayor Miller invited public comment on the item. Jeff Schwatz spoke against the Council imposing terms of employment on staff. Jill Hunter, former Mayor, spoke about the City staff being heart and soul of city. Against this item. Evan Baker, former Mayor, spoke against this item. RESOLUTION 15-069 LO/KUMAR MOVED TO ADOPT THE RESOLUTION IMPOSING AND IMPLEMENTING TERMS OF EMPLOYMENT ON THE MEMBERS OF THE SARATOGA MANAGEMENT ORGANIZATION WITH THE CONDITION THAT THE DISCUSSION CAN BE REOPENED. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE CITY COUNCIL ASSIGNMENT REPORTS Mayor Howard Miller Council Finance Committee –mostly revolved around audit that was on agenda tonight. Valley Transportation Authority (VTA) Policy Advisory Committee –attended. Valley Transportation Authority (VTA) State Route 85 Corridor Policy Advisory Board – attended. They elected a chair and vice chair. Voted to meet monthly. Review work program. West Valley Mayors and Managers Association –meets monthly, Saratoga the chair for 2016. West Valley Solid Waste Management Joint Powers Authority –the group gave satisfactory reviews for Attorney & Director. Vice Mayor Manny Cappello West Valley Sanitation District –attended this morning. Master agreement has not been updated in 32 years. Tributary agencies would like changes. Council Member Emily Lo Nothing to report. Council Member Mary-Lynne Bernald 28 Page 9 of 9 Cities Association of Santa Clara County –attended on behalf of Mayor Miller. On the agenda was a discussion of affordable housing for homeless. Other Cities don’t seem to realize the Housing situation in Saratoga. More bills on Marijuana will be coming through the State. Attended Heritage Preservation Commission & Planning commission joint study session. Council Member Rishi Kumar Saratoga Chamber of Commerce –discussed the Village Plan and the Quarry. Saratoga Ministerial Association –discussion of Interfaith service planning. CITY COUNCIL ITEMS Council Member Kumar asked for the City to look at adding high speed EV charging stations to the Library or Downtown. Mayor Miller seconded. CITY MANAGER’S REPORT No report. ADJOURNMENT CAPPELLO/ LO MOVED TO ADJOURN THE MEETING AT 12:18 A.M. MOTION PASSED. AYES: MILLER, CAPPELLO, LO, BERNALD, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, Acting City Clerk City of Saratoga 29 SARATOGA CITY COUNCIL MEETING DATE: December 2, 2015 DEPARTMENT: Community Development PREPARED BY: Erwin Ordoñez, Community Development Director SUBJECT: Second Reading of an Ordinance (Design Review Story Pole Requirements) RECOMMENDED ACTION: Waive the second reading and adopt the attached ordinance and 15-46 (Design Review Story Pole Requirements) BACKGROUND: On November 18, 2015, the City Council 15-45 and 15-46 (Design Review Story Pole Requirements) and ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ATTACHMENTS: Attachment A – Ordinance SARATOGA CITY COUNCIL , 2015 Community Development Erwin Ordoñez, Community Development Director an Ordinance Amending City Code Sections 15-45 and 15 Review Story Pole Requirements) the attached ordinance revising City Code Sections 15 46 (Design Review Story Pole Requirements). , the City Council introduced an ordinance amending City Code Review Story Pole Requirements) and directed staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. ING AND PUBLIC CONTACT: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. nd 15-46 Sections 15-45 City Code Sections place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. This ordinance or a comprehensive summary thereof shall be published in a newspaper of 30 ORDINANCE __________ AN ORDINANCE AMENDING THE SARATOGA CITY CODE REGARDING STORY POLES REGULATIONS Findings 1. The City of Saratoga wishes to update the City Story Poles Regulations. 2. The updates in this ordinance affect provisions of the City’s story poles regulations. These amendments were considered by the Planning Commission of the City of Saratoga and the Commission, after a duly noticed public hearing on October 28, 2015, recommended adoption of these updates to City Story Poles Regulations. 3. The City Council of the City of Saratoga held a duly noticed public hearing on November 18, 2015 and after considering all testimony and written materials provided in connection with that hearing, introduced this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. 1. Article 15-45 - DESIGN REVIEW: SINGLE-FAMILY DWELLING 15-45.070 - Application requirements. (a) Each Aapplications for administrative design review approval and design review approval shall be filed with the Community Development Director on such form(s) as the Director shall prescribe. An application shall include the following exhibits: (1) Site plan showing all of the following: (i) property lines, (ii) easements and their dimensions, (iii) underground utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi) topography (i.e., existing and finished grade elevation data), (vii) species, trunk diameter at breast height (DBH as defined in Section 15-50.020(g)), canopy driplines (as defined in Section 15- 50.020(k)), and locations of all heritage trees (heritage trees as defined in Section 15-50.020(nl)), trees measuring at least ten inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred 31 fifty feet of the property, (viii) areas of dense vegetation and (ix) riparian corridors. (2) Any application that proposes new construction two feet or closer to a required setback area shall include a boundary survey for planning review and a setback certification and pad height certification letter during building permit review, each signed by a State licensed land surveyor or registered civil engineer qualified to do property line surveys. Such survey shall verify the location of all existing property lines, easements, structures and protected trees (protected trees as defined in Section 15-50.020(sq)). The setback and height certification letter may be submitted after the initial application but in no event later than the foundation inspection. (3) A statement of all energy conserving features proposed for the project. Such features may include, but are not limited to, use of solar panels for domestic hot water or space heating, passive solar building design, insulation beyond that required under State law, insulated windows, or solar shading devices. Upon request, the applicant shall submit a solar shade study if determined necessary by the Community Development Director. (4) Building Eelevations of each the proposed structures showing all exterior materials, roof materials and window treatment. Such drawings shall include existing and proposed building height measurements referenced from existing and proposed finished grade. (5) Site sections for all each projects located on a hillside lot, together with an aerial photograph of the site if requested by the Community Development Director. (6) Engineered grading and drainage plans with existing and proposed finished grade elevation data, including cross sections. (7) Floor plans that indicate total floor area of each building or structure on the site, determined in accordance with Section 15-06.280 of this Chapter, plus a cumulative total of all floor area on the site. (8) Roof plans. (9) Landscape and irrigation plans for the site, showing the location and type of all landscaped areas, including: existing trees to remain on-site; new or replacement trees; live plant materials;, water features;, hardscape;, irrigation systems, and any additional information necessary to comply with the City’s landscaping or water efficiency regulations. (10) Tree Preservation Plan, as required in Section 15-50.140 of this Chapter. (11) Preliminary title report showing all parties having any interest in the property and any easements, encumbrances and restrictions, which benefit or burden the property. 32 (12) Such additional exhibits or information as may be required by the Community Development Director. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen inches in size. (13) A geotechnical clearance as defined in Section 15-06.325 of this Code Chapter, if required by the City Engineer. (14) Such additional exhibits or information as may be required by the Community Development Director to demonstrate compliance with Article 16-47, Green Building Regulations of the Saratoga City Code. (b) Each An application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council. (Amended by Ord. 221 § 2 (part), 2003; Ord. 226 § 2 (part), 2003; Ord. 245 § 2 (Att. A) (part), 2006) (Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 307, § 1.C.16, 10-16-2013; Ord. No. 320, § 1.F.22, 11-5-2014; Ord. No. 328, § 1(Att. A, § 18), 7-1-2015) 15-45.075 - Requirement for story poles. Story poles are required as set forth below in order to depict the elevations and silhouettes of a proposed new structure building or an addition to an existing structure building requiring design review approval. (a) Definition and requirement. Story poles are temporary frames made of wood, metal, or other materials approved by the Community Development Department which are used to delineateing the height, area, and approximate shape and massing and area of a proposed structure. Story poles must be installed in the manner set forth below if the project is subject to design review approval. (b) Timing. The applicant shall install the story poles when notified to do so by the Community Development Department or designated representative at least three business days prior to advertising the public hearing for the project (or in the case of administrative design review at least three business days prior to issuance of the "Notice of Intent to Approve"). Neither the notice of public hearing nor the "Notice of Intent to Approve" (as applicable) for the project will be mailed until the story poles are installed to the satisfaction of the Community Development Director and photographs of the installed and approved story poles are filed with the Community Development Department. 33 (c) Requirements. The applicant's surveyor or civil engineer shall determine the perimeter points and elevations of the story poles based on the plans to be considered by the approving body. For projects twenty-four feet or taller in height or if requested by the Community Development Director or designated representative, a letter signed by the project surveyor or civil engineer certifying the accuracy of the story poles shall be submitted before notice of the public hearing or the "Notice of Intent to Approve" (as applicable) on the project is mailed. Story poles shall be constructed of rigid materials which accurately outline the height and general area (including the proposed ridgelines) for the new structure and/or addition. To delineate the area of large or complex structures staff may require the addition of netting or other appurtenances. All perimeter walls shall be delineated on the ground. Once the Community Development Department has authorized an applicant to erect story poles, the applicant shall comply with all of the following requirements: (1) The story poles must be constructed of wood, metal, or other materials pre- approved by the Community Development Director (which materials must be suitable for construction of a temporary frame that will remain standing during the required public notice and application review period). (2) The story poles shall be erected so that on each building elevation of the proposed structure at least one story pole shall show graduated five-foot interval height measurement markings in either paint or tape. (3) The story poles shall be erected so that at least one building elevation of the proposed structure shows the proposed finished grade and finished floor elevation markings in either paint or tape. (4) The story poles shall be erected so that orange netting or other materials approved by the Community Development Director will be used to approximate the mass, shape and roofline (e.g., roof pitch/slope, ridge, and volume) of the proposed structure as illustrated in Diagram A. For complex roof forms, the Community Development Director may also require that ridge flags be installed to delineate a main roof ridge or high point. (5) Upon completion of the story pole installation, the applicant shall provide to the Community Development Department a professional-stamped and signed letter from a State licensed land surveyor or civil engineer verifying the accuracy of the story pole installation in terms of location, heights, and elevation data. (6) The applicant shall erect on the story pole elevation facing the main access to the building site or the main street frontage, a minimum 11-inch by 17-inch sign which contains the following information: a) Name of applicant/property owner b) Contact telephone number of applicant/property owner c) A brief description of the proposed project’s scope of work d) Community Development Department main telephone number (7) Prior to any notices being distributed, the applicant shall submit photos satisfactory to the Community Development Department of the completed story pole installation including required signs. 34 Diagram A (d) Duration. The story poles shall not be removed until a decision on the project has been made by the approving body and the deadline to appeal such decision has expired with no appeal hasving been filed. If the decision by the approving body is appealed, the story poles shall remain in place until a final decision that is not subject to appeal has been made. The story poles are required to be removed within fifteen calendar days after a final decision action has been taken and all appeal periods have expired. If a project application is issued a continuance for an extended period of time, the Community Development Director may require the story poles to be removed and reinstalled not less than fifteen days prior to the next public hearing on the project. (e) Exceptions. The Community Development Director may consider unique and/or special circumstances (e.g., dangerous site topography or hazardous weather conditions) where an alternate method, tool or technology [e.g., models, photosimulations, or equivalent methods] may be used in-lieu of story poles to satisfy the requirements of Section 15-45.075. (Ord. No. 272, § 2(exh. A), 9-16-2009; Ord. No. 307, § 1.C.17, 10-16-2013) 35 2. Article 15-46 - DESIGN REVIEW: MULTI-FAMILY DWELLINGS AND COMMERCIAL STRUCTURES 15-46.030 - Application requirements. (a) Each aApplication for design review approval shall be filed with the Community Development Director on such form(s) as shall be prescribed. The application shall include the following exhibits: (1) A site plan showing all of the following: (i) property lines, (ii) easements, (iii) dimensions, (iv) topography (i.e., existing and finished grade elevation data), and (v) the proposed layout of all structures and improvements including, where appropriate, driveways, pedestrian walks, parking and loading areas, landscaped areas, fences and walls, and (vi) the species, trunk diameter breast height (DBH as defined in Section 15-50.020(g)), canopy driplines (as defined in Section 15- 50.020(k)), and locations of all heritage trees (heritage trees as defined in Section 15-50.020(n l)), trees measuring at least ten inches DBH, and all native trees measuring at least six inches DBH on the property and within one hundred fifty feet of the property. The site plan shall indicate the locations of entrances and exits and the direction of traffic flow into and out of parking and loading areas, the location and dimension of each parking and loading space, and areas for turning and maneuvering vehicles. (2) Architectural drawings or sketches showing all building elevations of each the proposed structures as they will appear upon completion. Such drawings shall include existing and proposed structure height measurements referenced from existing and proposed finished grade. All exterior surfacing materials and their colors shall be specified, and the size, location, material, colors and illumination of all signs shall be indicated. (3) A landscape and irrigation plan for the site, showing the locations of existing trees proposed to be retained on the site, the location of any proposed replacement trees, types and quantities of landscape plants and materials and irrigation systems, appropriate use of native plants, and water conserving plants and materials and irrigation systems, and all other landscape features. (4) Cross sections for each all projects located on a hillside lot. (5) Engineered grading and drainage plans with existing and proposed finished grade elevation data, including cross sections if the structure is to be constructed on a hillside lot. Disposition of on-site storm water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program (NPDES). 36 (6) Floor plans showing total floor area, of each building or structure on the site, determined in accordance with Section 15-06.280 of this Chapter, plus a cumulative total of all floor area on the site. (7) Roof plans. (8) Such additional exhibits or information as may be required by the Community Development Director or the Planning Commission. All exhibits shall be drawn to scale, dated and signed by the person preparing the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen inches by twenty- eight inches in size and fifteen sets on sheets eleven inches by seventeen inches in size. (9) Such additional exhibits or information as may be required by the Community Development Director to demonstrate compliance with Article 16-47, Green Building Regulations of the Saratoga City Code. (b) Each The application shall be accompanied by the payment of a processing fee, in such amount as established from time to time by resolution of the City Council, together with a deposit toward the expense of noticing the public hearing as determined by the Community Development Director. (Amended by Ord. 226 § 2 (part 1), 2003; Ord. 229 § 2 (part), 2004; Ord. 245 § 2 (Att. A) (part), 2006) (Amended by Ord. No. 272, § 2(exh. A), 9-16-2009) 15-46.032 - Requirement for story poles. Story poles shall be required in the same manner as under City Code Section 15-45.075 of this Chapter. (Ord. No. 272, § 2(exh. A), 9-16-2009) END OF AMENDMENTS Section 2. California Environmental Quality Act EXEMPTION FROM CEQA. The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15305 - Minor Alteration to Land Use Limitations, 15308 - Actions by Regulatory Agencies for the Protection of the Environment, and 15061(b)(3) - Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. 37 Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 18th day of November, 2015, and was adopted by the following vote following a second reading on the 2nd of December, 2015. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Debbie Bretschneider MAYOR OF THE CITY OF SARATOGA ACTING CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: ____________________________________________ Catherine Engberg, ACTING CITY ATTORNEY 38 SARATOGA CITY COUNCIL MEETING DATE: December 2, 2015 DEPARTMENT: Community Development PREPARED BY: Erwin Ordoñez, Community Development Director SUBJECT: Second Reading of an (Nonconforming Uses and Structures) RECOMMENDED ACTION: Waive the second reading and adopt (Nonconforming Uses and Structures). BACKGROUND: On November 18, 2015, the City Council 15-65 (Nonconforming Uses and Structures) Consent Calendar for adoption at the next regular meeting of the City Council. ADVERTISING, NOTICING AND PUBLIC This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. ATTACHMENTS: Attachment A – Ordinance SARATOGA CITY COUNCIL , 2015 Community Development Erwin Ordoñez, Community Development Director an Ordinance Amending City Code Section 15 nd Structures) the attached ordinance revising City Code Section 15 , the City Council introduced an ordinance amending City Code 65 (Nonconforming Uses and Structures) and directed staff to place the ordinance on the Consent Calendar for adoption at the next regular meeting of the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within 15 days after its adoption. Section 15-65 Section 15-65 City Code Section place the ordinance on the This ordinance or a comprehensive summary thereof shall be published in a newspaper of 39 1 ORDINANCE __________ AN ORDINANCE UPDATING AND AMENDING THE SARATOGA CITY CODE REGARDING NON-CONFORMING USES Findings 1. The City of Saratoga wishes to update and amend the City Ordinance on Non- Conforming Uses. 2. The updates in this ordinance affect provisions of the City’s Non-Conforming Uses and Structures regulations. The updates and amendments were considered by the Planning Commission of the City of Saratoga and the Planning Commission has, after a duly noticed public hearing on October 28, 2015, recommended adoption of these updates and amendments to the City Non-Conforming Uses and Structures Ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on November 18, 2015 and after considering all testimony and written materials provided in connection with that hearing, introduced this Ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is updated and amended as set forth below. Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this Ordinance. Article 15-65 - NONCONFORMING USES AND STRUCTURES[5] 15-65.010 – Purposes of Article. This Article is intended to limit the number and extent of nonconforming uses and structures by prohibiting or restricting their repair, alteration, enlargement, intensification, reconstruction, or re-establishment after abandonment or restoration after destruction. Nothing in this Article shall authorize any action inconsistent with Chapter 13 or any other heritage preservation provisions of this Code. This Article is further intended to allow certain nonconforming uses and structures to remain where such uses or structures do not conflict with the objectives of this Chapter and the purposes of the zoning district in which they are located. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.020 - Definitions. 40 2 The following definitions apply throughout this Article, unless the context or the provision clearly requires otherwise: (a) Construction Valuation means the estimated cost to rebuild a structure (at the time work is proposed to be performed on the structure) as determined by the Community Development Director (using the Building Official's current multiplier for calculating the per-square-foot valuation of new construction). (b) Expenditure means the estimated valuation, as determined by the Community Development Director (using the Building Official's current multiplier for calculating the per-square-foot valuation of new construction), of work to be performed in connection with any nonconforming use or structure. In making this determination, the Director shall confirm that the portions of the structure which the plans show as not to be repaired or altered are in fact structurally sound and that it will not be necessary to repair or alter such portions of the structure during construction. The Director may require that a termite inspector, registered engineer or other professional(s) satisfactory to the Director be retained at the applicant's expense to make certifications in this regard. (a) Maintenance means routine, recurring, and usual activities for the preservation, protection, and keeping of a structure for its intended purposes in a safe and continually usable condition for which it was designed. Repainting or reroofing (in kind) of a structure is an example of maintenance. (b) Demolition means either of the following: (1) removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of the existing roof structure and exterior roof sheathing; or (2) removal or covering of more than fifty percent of the exterior walls of an existing structure so the walls no longer function as exterior walls and removal of more than fifty percent of interior walls. The exclusive removal of interior walls without any modification or removal of exterior walls or any modification or removal of the existing roof structure and exterior sheathing is not considered a demolition. (c) Major Repair or Alteration means any work, after (December 2, 2015) that is estimated to result in expenditure (cumulatively), after October 16, 2009, of greater than 41 3 twenty percent and does not constitute a demolition of the structure as defined by this Code. exceeding fifty percent of the estimated construction valuation of the structure that is subject of the work Major Repair or Alteration means any work that is estimated to result in expenditure (cumulatively), after October 16, 2009, of greater than twenty percent and not exceeding fifty percent of the estimated construction valuation of the structure that is the subject of the work. (d) Nonconforming Structure means a structure lawfully existing on the effective date of a change in a development standard established by this Code and continuing since that date in nonconformance to the development standard. The use of this term in this Article shall refer only to a legal nonconforming structure. (1) A structure that was not originally constructed in conformance with regulations applicable at the time is not a legal structure. (2) A structure that solely lacks the required number of off-street parking facilities, but otherwise conforms to City code is not considered nonconforming. (e) Nonconforming Use means a use lawfully existing on the effective date of a change in a use restriction and continuing since that date in nonconformance to the use restriction. Site and structural dimensions are not considered use restrictions and are instead development standards applicable to structures. The following pre-existing uses shall constitute a nonconforming use subject to the provisions of this Article unless a conditional use permit is subsequently granted for such use: (1) A use established prior to any City regulation requiring a conditional use permit for such use, but which by virtue of later-adopted City regulation(s) becomes a use allowed only upon the granting of a conditional use permit; and (2) A use being conducted under a valid conditional use permit, but which by virtue of later-adopted City regulation(s) becomes a use no longer allowed to continue. The use of this term in this Article shall refer only to a legal nonconforming use. A use that was not originally commenced in conformance with regulations applicable at the time is not a legal use. (f) Reconstruction means either of the following: (1) Any construction work that results from a demolition as defined by this Code would expand the floor area by more than fifty percent or modify modification of the footprint of a structure by more than fifty percent (50%); or 42 4 (2) Moving a nonconforming structure or a structure being used for a nonconforming use to any other location on the parcel or adjoining parcels (whether the structure movement is in whole or in part). Repair or alteration work which does not include any proposed exterior changes to a nonconforming structure is not considered reconstruction or expansion. (g) Statement of Acknowledgment of Legal Nonconforming Status means a document in form and content approved by the Community Development Director and recorded in the office of the County Recorder documenting the extent to which a use or structure on the subject property is nonconforming, but legal pursuant to the terms of this Article. (h) Work means any work, whether structural or nonstructural, that is done to a structure including repair, alteration and reconstruction, but excluding maintenance and the replacement of the interior or exterior wall coverings, fixtures, or windows or doors (without altering their respective openings). (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24, 11-5-2014) 43 5 15-65.025 - Summary table of thresholds. The table below outlines defining thresholds for maintenance, minor vs. major repairs and alterations, voluntary vs. involuntary damage, and applicable standards for such activities. Type of Work Maintenance Minor Repairs and Alterations Major Repairs and Alterations Voluntary Reconstruction Involuntary Damage not exceeding 75% of existing square footage area Involuntary Damage exceeding 75% of existing square footage area Description Routine and recurring activity for the preservation and protection of a structure. Repainting or reroofing (in kind) is an example Work that is estimated to result in the expenditure (cumulativel y) or 20% or less of the estimated construction valuation of the entire structure Work that does not constitute a demolition and does not exceed 100% of the maximum allowable floor area or 100% of the existing floor area of the structure, whichever is greater Is estimated to result in the expenditure (cumulativel y) of greater than 20% and not exceeding 50% of the estimated construction valuation of the entire structure Reconstruction of any nonconforming structure that would expand the floor area by more than 50% Work that results from a voluntary demolition or modify modification of the footprint of a structure by more than 50% OR Relocation of a structure Reconstruction of an involuntarily damaged nonconformin g structure to its previous configuration which is involuntarily damaged not exceeding 75% of the construction valuation square footage area of the entire structure Reconstruction of an involuntarily damaged nonconformin g structure to its previous configuration which is involuntarily damaged exceeding 75% of the construction valuation square footage area of the entire structure 44 6 Type of Work Maintenance Minor Repairs and Alterations Major Repairs and Alterations Voluntary Reconstruction Involuntary Damage not exceeding 75% of existing square footage area Involuntary Damage exceeding 75% of existing square footage area Applicable Standards Routine maintenance is not subject to cumulative limits Permitted subject to required permits and specified standards Permitted subject to Planning Commission review and findings required by Code Reconstruction exceeding 50% is not permitted and the structure must conform to all applicable standards Permitted up to 100% of its previous configuration subject to required permits and specific standards, provided that reconstruction does not exceed the structure's predamaged first and second story footprint and result in a health and/or safety hazard Permitted up to 100% of its previous configuration subject to Planning Commission determination provided that reconstruction does not exceed the structure's predamaged first and second story footprint and result in a health and/or safety hazard The text of this Article takes precedence over this Summary Table for purposes of interpreting this Article. (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24, 11-5-2014) _____ 15-65.030 - Continuation in general; regulations applicable to nonconforming uses or structures. (a) Nonconforming uses and structures may be continued only in conformity with the provisions of this Article. The owner of property on which a nonconforming use or structure is claimed shall have the burden of proof in establishing to the satisfaction of the Community Development Director the nonconforming status claimed. The Community Development Director may charge a fee, as established in the City Fee Schedule, for the review of evidence submitted to meet the owner's burden of proof 45 7 and for the preparation of a Statement of Acknowledgment of Legal Nonconforming Status if the evidence demonstrates that a use or structure on the subject property is wholly or partially nonconforming, but legal pursuant to the terms of this Article. A use or structure that is not in conformity with the provisions of this Chapter, or that is not a legal nonconforming use or structure in accordance with this Article, shall constitute a violation of this Code and shall not be continued. (b) The following regulations apply to each nonconforming use or structure: (1) All new construction allowed to occur with respect to a nonconforming use or structure shall comply with current requirements of Chapter 16 of this Code. (2) Repair, alteration or reconstruction otherwise required by this Code or applicable law, and not otherwise prohibited by the rights or regulations of any other governmental agency having jurisdiction, shall be allowed in the following circumstances and shall not be considered in calculating any estimated construction valuation: (i) Repair, alteration, or reconstruction required to retrofit unreinforced masonry structures or otherwise required to comply with earthquake safety standards established in Chapter 16 of this Code, provided the retrofitting or other work is limited exclusively to compliance with earthquake safety standards; (ii) Repair, alteration, or reconstruction required to elevate a habitable structure in a floodplain, provided the elevation work is limited exclusively to compliance with flood prevention standards; (iii) Repair, alteration, or reconstruction required to comply with required energy efficiency standards established in Chapter 16 of this Code, provided the work is limited exclusively to compliance with those standards; and (iv) Repair, alteration, or reconstruction which is limited exclusively to compliance with the Americans with Disabilities Act (ADA) or Chapters 11A and 11B of the State Building Code set forth in Volume II of Title 24 of the California Code of Regulations. (3) Any building permit or use permit or other approval issued pursuant to this Code for minor or major repairs or alterations, reconstruction, or change, expansion or intensification of a legal nonconforming use or structure shall include a condition requiring recordation of a Statement of Acknowledgment of Legal Nonconforming Status. (4) Any otherwise permitted intensification of a use or structure must comply with current parking standards. 46 8 (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013; Ord. No. 320, § 1.F.24, 11-5-2014) 15-65.035 - Continuation after annexations; regulations applicable to nonconforming uses or structures on property annexed to the City. (a) A structure lawfully existing on the effective date of its annexation into the City but which is in nonconformance at that time to any applicable City development standard shall be considered a legal nonconforming structure, unless, as hereby authorized, the City, at the time of annexation establishes a different status (in whole or in part) for that structure as a condition of such annexation. (b) A use lawfully existing on the effective date of its annexation into the City but which is in nonconformance at that time to any applicable City use regulation shall be considered a legal nonconforming use, unless, as hereby authorized, the City, at the time of annexation establishes a different status (in whole or in part) for that use as a condition of such annexation. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.040 - Residences and structures on substandard parcels. (a) Multiple residences on parcels resulting in nonconforming use. Where the number of residences on a parcel does not conform to later-adopted regulations, the result is a legal nonconforming residential use. In such case, the property owner shall identify as the conforming residence(s) on the parcel up to the number of residences allowed by current City regulations and such identified residence(s) shall not be subject to the regulations contained in this Article. The remaining residence(s) shall be deemed nonconforming uses and structures. The property owner election and status of the residence(s) on the property shall be documented in a Statement of Acknowledgment of Legal Nonconforming Status recorded by the property owner in the office of the County Recorder. (b) Structures on nonconforming sites. A nonconforming use results where there is an existing structure or a structure is proposed to be constructed on a lawfully created parcel having a site area, frontage, width or depth less than the minimum standards prescribed for the zoning district in which the parcel is located. However, such structure shall be considered conforming and shall not be subject to the regulations contained in this Article if all of the following conditions are satisfied: (1) Where the width of a site does not conform with the applicable standard for the zoning district, the minimum width of interior side setback areas for first floors shall be not less than ten percent (10%) of the width of the site or six (6) feet, whichever is greater, and the minimum width of an exterior side setback area for first floors of a corner lot shall be not less than twenty percent (20%) of the width of the site or fifteen (15) feet, whichever is greater. The second floor 47 9 setback area for interior and exterior lot lines shall be increased an additional five (5) feet. (2) Where the depth of the site is less than the applicable standard for the zoning district, the rear setback area for the first floor shall be twenty percent (20%) of the depth of the site or twenty (20) feet, whichever is greater. The second floor rear setback area shall be increased an additional five (5) feet. (3) In the event the setbacks described in (1) and (2) above are determined to be greater than those in the applicable zoning district standard, then the zoning district standard shall apply. Except as provided in (1) through (2) above, the residence shall comply with all other regulations for the zoning district, except the minimum site area and frontage which render the existing parcel substandard. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.050 – Minor or major repairs Repairs or alterations to structures. Approvals and Permits. Subject to the provisions of this Article, minor repair or alteration to a nonconforming structure may be performed without Planning Commission approval, provided such alterations do not increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter, and further provided that all otherwise required approvals and permits are first obtained. (b) Major. Subject to the provisions of this Article, major repair and alteration of a nonconforming structure may be permitted if the Planning Commission makes the following determinations: (1) The repair and/or alteration will accommodate a conforming use; (2) The repair and/or alteration does not increase the degree of noncompliance, or otherwise increase the discrepancy between existing conditions and the requirements of this Chapter; and (3) The repair and/or alteration does not effectively extend or perpetuate the useful life of any particular feature or portion of the structure which is nonconforming. In no event shall the cumulative expenditures for repairs and/or alterations on any nonconforming structure exceed fifty percent of the estimated construction cost of the structure prior to such repairs and/or alterations, unless such structure is changed to a conforming structure or unless the structure is subject to Section 15-65.070 of this Code. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.055 - Residential properties with substandard parking. 48 10 Notwithstanding any other provisions of this Article, existing residential structures and uses which are only nonconforming with respect to the parking requirements of Section 15.35.030 may be repaired, altered, reconstructed, or expanded as noted below: (a) Structures on a residential property with an existing one-car garage may be repaired, altered, reconstructed, or expanded with a building permit application provided that a design review approval is not required by Section 15.45.60 or 15-45.065. (b) Structures requiring design review approval must comply with the parking requirements of Section 15.35.030. (Ord. No. 328, § 1(Att. A, § 20), 7-1-2015) 15-65.60 - Expansion of nonconforming structures. A nonconforming Nonconforming structure shall not be moved or altered so as to increase in any way the discrepancy (or change the footprint) between existing conditions and the development standards established by this Code except as provided below. Examples of prohibited alterations include the following: (1) Single family residential structures that are nonconforming because a portion of the structure extends into a side yard setback area may continue the existing setback encroachment on one side for a one-story addition, provided that the proposed extension of the nonconforming building wall shall not be closer than six (6) feet to a property line and does not extend the structure more than fifteen (15) feet. (2) Proposed expansion of nonconforming side yard setbacks up to one (1) foot shall be reviewed in conjunction with a building permit application provided that a current boundary line survey verifying the location of the structure and all relevant property lines is also submitted. Proposed expansion of nonconforming side yard setbacks in excess of one (1) foot shall be subject to administrative design review. (1) A legal nonconforming single-family dwelling which exceeds the current Floor Area Ratio (or Site Coverage) limit may not add one hundred square feet to the structure by decreasing another portion of the dwelling by one hundred square feet to keep the dwelling at the original square footage, even though there would be no net gain in Floor Area (or Site Coverage) as to the legal nonconforming structure. (2) A legal nonconforming structure which is nonconforming (in part) because a portion of the structure extends into a setback area may not expand by continuing the setback encroachment along the entire structure by removing equivalent nonconforming square footage from another yard setback area, even 49 11 though there would be no net gain in the total nonconforming area encroaching into a required setback. The prohibition against moving or increasing the discrepancy of a legal nonconforming structure shall not apply if a variance for the moving or increase is granted pursuant to Article 15-70 of this Chapter. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.065 - Reconstruction. Reconstruction of any nonconforming structure that results from a demolition as defined by this Code and or exceeding fifty percent (50%)of the construction valuation of the entire structure structure’s existing foot print must conform to all standards in this Chapter unless the structure is subject to Section 15-65.070 of this Code. Repair or alteration work which does not include any proposed exterior changes to a nonconforming structure is not considered reconstruction or expansion. (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.21, 10-16-2013) 15-65.070 - Reconstruction following involuntary damage to or destruction of nonconforming structure. (a) Reconstruction to previous configuration. A nonconforming structure which is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event may be reconstructed up to its previous configuration (as to both horizontal and vertical building envelope) subject to Section 15-65.025 of this Code, provided that the reconstruction does not exceed the structure's predamaged height, first and second story footprint, and does not restore, create or result in a health and/or safety hazard. (b) Reconstruction of multi-family dwellings subject to Government Code section 65852.25. When a nonconforming multi-family dwelling is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism, the public enemy or other catastrophic event and the structure is subject to Government Code section 65852.25 (or any successor thereto) it may be reconstructed so long as the City Council has not made findings in accordance with that section to prohibit the reconstruction provided that the reconstruction does not exceed the structure's predamaged size and number of dwelling units and otherwise conforms with that section. 50 12 (c) Residential structure in commercial zoning district. When the structure is at least in part a residential structure in a commercial district it may be reconstructed provided that the reconstruction: (1) Does not exceed the structure's predamaged size and number of dwelling units; and (2) Maintains the same amount of floor area devoted to residential use as the predamaged structure; and (3) Reproduces the design of the predamaged structure to the maximum extent feasible or is of a revised design approved pursuant to then current design review standards and procedures. (d) Compliance with other regulations. Except as otherwise provided in this Section with regard to reconstruction of all or a portion of a structure to its previous nonconforming condition, all reconstruction shall be subject to all applicable laws, regulations and procedures otherwise governing construction on the site at the time such reconstruction is undertaken. (e) Time to commence reconstruction. The reconstruction work authorized by this Section shall be commenced within two (2) years from the date of damage or destruction (unless, prior to the expiration of that two (2)year period, the deadline to commence reconstruction is extended by the Community Development Director for up to another two (2) years) and be prosecuted diligently to completion. (Ord. No. 273, § 1(att. A), 9-16-2009; Ord. No. 307, § 1.C.22, 10-16-2013) 15-65.075 Preservation of Historic Buildings. Any proposed construction or alteration work to an existing nonconforming structure that is listed on the City of Saratoga Historic Landmark List, Heritage Resource Inventory List, California Register of Historical Resources (CRHR) or National Register of Historic Places shall be exempt from the repair or alteration provisions of this Article provided all of the following requirements are satisfied: (a) The property must be listed on one of the following approved historic resource listings: (1) City of Saratoga Historic Landmark List; (2) City of Saratoga Heritage Resource Inventory List; (3) California Register of Historical Resources (CRHR); or (4) National Register of Historic Places 51 13 (b) The City’s Heritage Preservation Committee shall review any proposed work exceeding one-hundred (100) square feet or any work that is visible from an adjacent street and shall provide a recommendation to the Community Development Director as to the compatibility of the proposed repair or alteration work with the historic character of the structure (c) The proposed repair or alteration work shall maintain any front building façade that is visible from and adjacent street in a historically appropriate manner determined by the Heritage Preservation Committee (d) The property shall be exempt from any square footage reconstruction limit based on floor area 15-65.080 - Unsafe buildings. Nothing in this Article shall be construed as repealing, abrogating or modifying any provision of this Code or of any law relating to requirements for construction, maintenance, repair, demolition or removal of structures, or requiring the immediate removal of any structure, or any portion thereof, determined to be unsafe for human occupancy or otherwise constituting a public nuisance. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.090 - Change of use. (a) A nonconforming use shall not be replaced or supplemented by another nonconforming use. (b) Any portion of a nonconforming use, which is changed to a conforming use, shall not be re-established. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.100 - Expansion or intensification of nonconforming uses. (a) Except as provided in subsection (b) below, a nonconforming use may not be expanded or intensified. This prohibition shall include, but not be limited to, any expansion or intensification of a nonconforming use which: (1) Increases the site area or floor area occupied by such nonconforming use on the same or any additional site; or 52 14 (2) Increases the number of structures or size of any structure housing a nonconforming use or any portion thereof; or (3) Increases the amount, volume, or intensity of a nonconforming business use, or the machinery, equipment, trade fixtures or other personal property utilized in the conduct of such use; or (4) Displaces any conforming use occupying a structure or site. (b) The Planning Commission may approve the expansion and/or intensification of a nonconforming use upon finding that such expansion and/or intensification will not adversely affect existing or anticipated uses in the immediate neighborhood, and will not adversely affect surrounding properties or the occupants thereof. Any such approval shall include a condition requiring recordation of a Statement of Acknowledgment of Legal Nonconforming Status and specification therein of the limit(s) of such approved expansion and/or intensification. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.110 - Reconstruction of damaged or destroyed nonconforming use. (a) A nonconforming use which is involuntarily damaged or destroyed by fire, flood, earthquake, vandalism or other catastrophic event not exceeding seventy-five percent (75%) of the use may be re-established for continued occupancy by the nonconforming use or uses(s) previously conducted therein, subject to the following limitations: (1) The extent of nonconformity (i.e., neither the intensity of activity, nor the site area or floor area occupied by the nonconforming use subsequent to reconstruction or restoration of the site or structure(s)) shall exceed that existing prior to the damage or destruction of the use. (2) Reconstruction or restoration of the use shall be subject to all applicable laws, regulations and procedures otherwise governing construction on the site at the time such construction is undertaken. (3) The re-establishment of the use authorized by this Section shall be commenced within two (2) years from the date of damage or destruction (unless, prior to the expiration of that two (2)year period, the deadline to commence re- establishment is extended by the Community Development Director by up to another two (2) years) and prosecuted diligently to completion. (Ord. No. 273, § 1(att. A), 9-16-2009) 15-65.120 - Termination of nonconforming uses and structures by abandonment or discontinuance/cessation of use. 53 15 (a) Whenever a nonconforming use has ceased, been abandoned or discontinued for a period of one hundred eighty (180) consecutive days or longer, such use shall not be resumed, re-established, or continued and all subsequent uses of the site and the structures thereon shall conform to the requirements of this Chapter. (b) Whenever a nonconforming structure has been abandoned or its use has ceased for a continuous period of one (1) year or longer, the structure shall be removed from the site or changed to a conforming structure. (c) Discontinuance of a nonconforming use for a period of one hundred eighty (180) consecutive days or nonuse of a nonconforming structure for a continuous period of one (1) year, shall conclusively be presumed an abandonment, discontinuance/cessation of such use or structure under the terms of this Section; provided, however, a discontinuance of use in either of the following circumstances shall not be counted toward such time periods: (1) Any discontinuance of use of up to three hundred sixty (360) days in connection with a pending sale or other transfer of ownership or management of a nonconforming use or structure to a designated person where the discontinuance of use is solely for the purpose of accomplishing the sale or transfer. (2) Any discontinuance of use during the period of reconstruction of a damaged or destroyed nonconforming structure, where such reconstruction is permitted under this Article. (Ord. No. 273, § 1(att. A), 9-16-2009) CONFORMING AMENDMENTS Section 15-19.060 is amended to read as follows: 15-19.060 Continuation of nonconforming uses Notwithstanding the provisions of Section 15-65.020(e)(1) of this Chapter, any clinic operating no earlier than 7:00 A.M. and no later than 9:00 P.M., any establishment engaged in the sale of alcoholic beverages and any restaurant, market or delicatessen which, as of September 6, 1989, was lawfully established and legally operating as a permitted use, shall be exempted from the necessity to obtain a use permit for continuation of such use, but in all other respects shall be regarded as a nonconforming use. Any mini-storage facility lawfully operating pursuant to a a use permit granted prior to September 6, 1989, may continue to operate pursuant to the terms and conditions of such permit. END OF AMENDMENTS 54 16 Section 2. California Environmental Quality Act The proposed amendments to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor Alteration to Land Use Limitations, and 15061(b)(3) - Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 3. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 18th day of October, 2015, and was adopted by the following vote following a second reading on the 2nd of December, 2015. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: _________________________________ _____________________________ Debbie Bretschneider MAYOR OF THE CITY OF SARATOGA ACTING CITY CLERK Saratoga, California Saratoga, California APPROVED AS TO FORM: ____________________________________________ Catherine Engberg, ACTING CITY ATTORNEY 55 SARATOGA CITY COUNCIL MEETING DATE: December 2, 201 DEPARTMENT: City Manager’s Office PREPARED BY: Debbie Bretschneider SUBJECT: Review of City Council Agency & Ad Hoc Committee RECOMMENDED ACTION: Review the list of agencies and committees and provide direction on any changes to staff BACKGROUND: Staff is seeking direction on potential change to the list of City Council agency and ad hoc committees (not individual Council Member assignments). Di addition of agencies or committees, as well as updates to the descriptions or purpose of committees. At the December 16, 2015 meeting, an updated list of individual Council Member assignments will be presented for Council consideration and discussion. opportunity to adjust individual Council Member assignments. preferences should be submitted to the Mayor by Descriptions of the agencies and committees Attachment A. The current list of City Council agency an Attachment B. ATTACHMENTS: Attachment A – Agency and Ad Hoc Committee Assignment Descriptions Attachment B –Current Council Assignments SARATOGA CITY COUNCIL , 2015 City Manager’s Office Debbie Bretschneider, Acting City Clerk City Council Agency & Ad Hoc Committees agencies and committees and provide direction on any changes to staff Staff is seeking direction on potential change to the list of City Council agency and ad hoc committees (not individual Council Member assignments). Direction could include removal or addition of agencies or committees, as well as updates to the descriptions or purpose of meeting, an updated list of individual Council Member assignments consideration and discussion. This provides the Council with the opportunity to adjust individual Council Member assignments. Individual assignment to the Mayor by 5:00 p.m. on Tuesday, December 8, 2015 he agencies and committees, including meeting schedules, are included in The current list of City Council agency and ad hoc committee assignments are Agency and Ad Hoc Committee Assignment Descriptions Current Council Assignments agencies and committees and provide direction on any changes to staff. Staff is seeking direction on potential change to the list of City Council agency and ad hoc rection could include removal or addition of agencies or committees, as well as updates to the descriptions or purpose of meeting, an updated list of individual Council Member assignments This provides the Council with the assignment Tuesday, December 8, 2015. , including meeting schedules, are included in d ad hoc committee assignments are 56 SARATOGA CITY COUNCIL AGENCY ASSIGNMENT DESCRIPTIONS COMMITTEE/AGENCY DESCRIPTION Association of Bay Area Government (ABAG) ABAG is the Regional Planning Agency for the nine County Bay Areas. Executive Board meetings are held quarterly, however a representative appointed by the Santa Clara Cities Association represents Saratoga along with other cities in Santa Clara County. More information: www.abag.ca.gov The annual General Assembly is held in Oakland in the spring (and occasionally also in the fall), date and time to be announced. Cities Association of Santa Clara County Board of Directors The Cities Association serves as a forum for the 15 cities within Santa Clara County to discuss issues of mutual concern. Raania Mohsen, Executive Director, staffs the organization. One Council Member represents each city at meetings of the Cities Association. More information: www.citiesassociation.org Meetings are held on the second Thursday of every month, except August, at 7:00 p.m. at Sunnyvale City Hall at 456 West Olive Avenue in Sunnyvale. Cities Association of Santa Clara County Selection Committee The Cities Association Selection Committee periodically convenes to make appointments to regional and local bodies, pursuant to Government Code 50270-50279.4. Per the Cities Association Bylaws, the members include the Mayor or the Mayor’s designee of each City in the County. More information: www.citiesassociation.org The Cities Selection Committee meets at 6:45 p.m. prior to the Board of Director’s Meeting, as needed. Council Finance Committee The Finance Committee reviews and provides recommendations on the City’s financial matters, including the budget, financial policies, and annual audit. Meetings are typically held monthly. Hakone Foundation Board The Hakone Foundation operates Hakone Gardens in Saratoga. In accordance with the City’s lease agreement with the Hakone Foundation, two members of the City Council shall represent the City of Saratoga on the Board of Directors. The two Council Members have the same rights and privileges of other members of the Board of Trustees. More information: www.hakone.com/about/board-of-trustees.html The Board meets quarterly at 12:00 p.m. on the third Wednesday of February, May, September, and upon special notice, on the third Friday of December at the Cultural Exchange Center in the gardens. Hakone Foundation Executive Per the City’s agreement with the Hakone Foundation, the City is entitled to one position on the Executive Committee. The 57 Committee Mayor shall occupy the position or a Council Member selected by the Mayor may fill the position. KSAR Community Access CATV Foundation Board One member of the City Council, along with the City Manager or the City Manager’s designee, represents the City on the Community Access Television Board. Other Board members include representatives from the West Valley-Mission College District Board, one staff member from West Valley College and three public members who must be Saratoga residents and who are selected jointly by the four City and College Board members. The CATV Board establishes policies and priorities for the management and operation of the local community access television station, which are then implemented by the Community Access Coordinator. KSAR is a 501c3 Board. More information: http://www.ksar15.org/home/index.php The Board meets on the second Tuesday of every month at 12:00 p.m. at City Hall. Santa Clara County Expressway Plan 2040 Policy Advisory Board The Santa Clara County Expressway Plan 2040 Policy Advisory Board is comprised of one Council Member form each city in Santa Clara County, along with two County Supervisors, two Santa Clara Valley Transportation Authority Board Members, and two County Roads Commissioners (non-voting). The Board reviews needs of expressways and the Santa Teresa/Hale corridor based on land use plans, projected traffic growth, and Complete Streets planning. More information: http://www.sccgov.org/sites/rda/plans/expyplan2040/Pages/study.aspx Meeting schedule varies A total of 5 meetings are expected. Meetings are held in the County Board of Supervisors Chambers at 70 West Hedding Street in San Jose. Santa Clara County Housing and Community Development Advisory Committee (HCDAC) The HCD Council Committee is comprised of local elected officials who review and recommend policies and priorities concerning the County’s Housing & Community Development, and Community Development Block Grant Programs (CDGB) to the County Board of Supervisors. More information: http://www.sccgov.org/sites/oah/Housing%20-%20Community%20Development%20(HCD)/Pages/Santa- Clara-County-Housing-and-Community-Development-Program.aspx The Committee meets three times during the Fiscal Year at 2310 North First Street, San Jose. Santa Clara County Library District Joint Powers Authority Board A City Council Member from each city within the Santa Clara County Library District is selected to serve on the Library JPA Board. The Library JPA is the policy making and governing body of the County’s library system. More information: http://www.sccl.org/about/governance/jpa-board-meetings The Library JPA meets four times a year in January, April, June, and October on the fourth Thursday at 1:30 pm. at the Santa Clara County Library Services and Support Center, located at 1370 Dell Avenue in Campbell. In June, the meeting is held the first Thursday. Santa Clara Valley Water Commission The Water District’s Water Commission advises the Water District Board on issues related to water supply, flood protection and environmental stewardship. Commission Members include representatives from each of the cities in the County, the Water District, the County, Santa Clara County open Space Authority, and Midpeninsula Regional Open Space District. 58 More information: http://www.valleywater.org/About/WaterCommission.aspx The Water Commission meets on Wednesday from 12:00 p.m. - 2:00 p.m., in January, April, July, and October at the District Headquarters located at 5700 Almaden Expressway in San Jose. Lunch is available at 11:30 a.m. Saratoga Area Senior Coordinating Council The Saratoga Area Senior Coordinating Council (SASCC) is a non-profit that operates the Saratoga Senior Center and Adult Care Center. One member of the City Council serves as liaison to the SASCC Board to maintain open communications between the City and SASCC. More information: www.sascc.org The Board meets on the fourth Tuesday every of month at 9:30 a.m. at City Hall in the Magnolia Room (with the exception of December). Saratoga Chamber of Commerce & Destination Saratoga The Chamber of Commerce promotes local business through a variety of programs and services, including networking, member education, business development, promotion, marketing, and advertising assistance. One member of the City Council serves as liaison to the Chamber of Commerce Board. More information: http://www.saratogachamber.org/board_staff.php Meetings are held on the second Thursday of every month at 5:30 p.m. at the Chamber of Commerce Office. Destination Saratoga promotes Saratoga as a leisure destination, emphasizing its scenic beauty and unique offerings in food, wine, recreation, and leisure. Additionally, Destination Saratoga works toward establishing and maintaining a branding identity for the City of Saratoga. Meetings are held quarterly. Saratoga Historical Foundation The Saratoga Historical Foundation in 1962 to promote interest in Saratoga history, research and collect records, pictures, artifacts, and other memorabilia related to local history, and maintain the history for the display and safekeeping of archival material. One member of the City Council serves as a liaison to the Historical Foundation. More information: http://www.saratogahistory.com/ Meetings are held on the third Thursday of the month (excluding December and August) from 3:00 p.m. - 5:00 p.m. in the Historical Museum. Saratoga Ministerial Association The Saratoga Ministerial Association is comprised of representatives from communities of faith located within the city of Saratoga. The purpose of the group is to build community and support city residents through cooperation and joint activities, including the annual Thanksgiving Day service, summer block parties and other events. One member of the City council serves as liaison to the Ministerial Association. 59 The group meets monthly on the fourth Wednesday at noon (except in July and August). The location rotates among the congregations. Saratoga Sister City Committee Liaison The purpose of the Sister City Committee is to plan and carry out programs and activities, which strengthen Saratoga’s relationship with its sister, city, Muko-Shi, in Japan. One member of the City Council serves as liaison to the Sister City Committee. Meetings are held the first Tuesday of every month at 7:00 p.m. at the Joan Pisani Community Center. Valley Transportation Authority Policy Advisory Committee The VTA PAC is one of several standing advisory committees to the VTA Board of Directors. Composed of elected official representing each of the cities in the County, the PAC makes recommendations to the VTA Board on issues of transportation planning and programming. More information: http://www.vta.org/get-involved/advisory-committee/policy-advisory-committee-pac The VTA PAC meets on the second Thursday of every month at 4:00 p.m. at the VTA offices at 3331 North First Street in San Jose. Valley Transportation Authority State Route 85 Corridor Policy Advisory Committee The SR 85 Corridor Policy Advisory Board was established to ensure the stakeholder cities in the SR 85 corridor are involved in the development of existing and potential transportation capital projects along the corridor and have the opportunity to provide input and recommendations to the VTA Board of Directors. The meeting schedule has not been set yet. West Valley Mayors and City Managers Association The West Valley Mayors and Managers Association is a sub-regional grouping of the VTA governance structure. It consists of the Mayors and City Mangers from the cities of Campbell, Cupertino, Monte Sereno, Saratoga and the Town of Los Gatos. It is charged with selecting the VTA Board member representing the above municipalities (for a two year term). Meetings are held the fourth Wednesday of the month at noon. Each city hosts the gathering for a year at a time, rotating in alphabetical order. Meetings in August and December are usually cancelled. West Valley Sanitation District The West Valley Sanitation District provides wastewater collection and disposal services to Campbell, Monte Sereno, Los Gatos, most of Saratoga, and a portion of unincorporated Santa Clara County. The five-member Board of Directors is composed of one Council Member from each of the four west valley cities and the District 4 Santa Clara County Supervisor. Board members are compensated $100 for each meeting attended. More information: http://www.westvalleysan.org/aboutus/directorsandstaff/agendas-and-minutes The Board meets on the second Wednesday of the month at 6:00 p.m. at the District’s Office located at 110 E. Sunnyoaks Avenue in Campbell. West Valley Solid Waste Management Authority This WVSWMA consists of the west valley cities of Campbell, Los Gatos, Monte Sereno, and Saratoga. The Authority was formed to coordinate efforts in carrying out solid waste collection and disposal activities, and in meeting the mandates of AB939, the States’ Integrated Waste Management Act. The Authority is responsible for establishing collection rates within each city and overseeing both landfill and hauler agreements. The Authority Board is composed of one Council Member 60 from each of the four member agencies. More information: http://www.wvswma.org Meetings are held on a quarterly basis (February, May, August, and November) at 5:00 p.m. on the first Thursday at Monte Sereno City Hall located at 18041 Saratoga Los Gatos Road in Monte Sereno. 61 2015 SARATOGA CITY COUNCIL ASSIGNMENTS Agency Assignments - Voting Council Member Alternate Association of Bay Area Governments Bernald Kumar Cities Association of Santa Clara County Miller Bernald Cities Association of Santa Clara County – Legislative Action Committee Bernald Miller Cities Association of Santa Clara County – Selection Committee Bernald Miller Hakone Foundation Board Cappello N/A Hakone Foundation Board & Executive Committee Lo N/A KSAR Community Access TV Board Lo Bernald Santa Clara County Expressway Plan 2040 Policy Advisory Board Kumar N/A Santa Clara County Housing and Community Development (HCD) Council Committee Cappello Kumar Santa Clara County Library Joint Powers Authority Lo Kumar Santa Clara Valley Water District Commission Kumar Miller Saratoga Area Senior Coordinating Council (SASCC) Cappello Kumar Valley Transportation Authority (VTA) Policy Advisory Committee Miller Kumar VTA State Route 85 Corridor Policy Advisory Board Miller Bernald West Valley Mayors and Managers Association Miller Cappello West Valley Sanitation District Cappello Bernald West Valley Solid Waste Management Joint Powers Authority Miller Lo Liaison Assignments - Non-Voting Council Member Alternate Saratoga Chamber of Commerce & Destination Saratoga Kumar Lo Saratoga Historical Foundation Bernald Lo Saratoga Ministerial Association Kumar Miller Saratoga Sister City Organization Bernald Cappello Council Committee Assignments Council Member 2nd Council Member Council Finance Committee Miller Cappello Assignments by Outside Organizations Council Member VTA Board West Valley Cities Alternate Miller Ad Hoc Assignments Council Member 2nd Council Member Public Art Lo Bernald 62 SARATOGA CITY COUNCIL MEETING DATE: December 2, 201 DEPARTMENT: City Manager’s Office PREPARED BY: Debbie Bretschneider SUBJECT: 2016 City Council Meeting Schedule RECOMMENDED ACTION: Provide direction on the 2016 City Council Meeting schedule. BACKGROUND: Staff has scheduled this item to provide the Council with the opportunity to meeting schedule for 2016. In particular, staff is seeking direction on: 1. Cancellation dates for the summe canceled the last meeting in July and first meeting in August since 2011. ATTACHMENTS: Attachment A – Calendar of Council Meetings SARATOGA CITY COUNCIL , 2015 City Manager’s Office Debbie Bretschneider, Acting City Clerk City Council Meeting Schedule City Council Meeting schedule. Staff has scheduled this item to provide the Council with the opportunity to give direction . In particular, staff is seeking direction on: ummer recess. With the exception of 2012, the Council has canceled the last meeting in July and first meeting in August since 2011. Calendar of Council Meetings direction on the With the exception of 2012, the Council has 63 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 1 2 3 4 5 6 1 2 3 4 5 3 4 5 6 7 8 9 7 8 9 10 11 12 13 6 7 8 9 10 11 12 10 11 12 13 14 15 16 14 15 16 17 18 19 20 13 14 15 16 17 18 19 17 18 19 20 21 22 23 21 22 23 24 25 26 27 20 21 22 23 24 25 26 24 25 26 27 28 29 30 28 29 27 28 29 30 31 31 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 S M T W TH F S S M T W TH F S S M T W TH F S 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 S M T W TH F S S M T W TH F S S M T W TH F S 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 OCTOBER NOVEMBER DECEMBER JULY AUGUST SEPTEMBER APRIL MAY JUNE CITY OF SARATOGA CLOSED FRIDAYS 2016 JANUARY FEBRUARY MARCH Legend -Yellow highlights are Council meeting dates. Green highlights are closed Fridays. 64