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Home My WebLink About06-15-2011 City Council Packet SupplementalAGENDA REGULAR MEETING SARATOGA CITY COUNCIL REGULAR MEETING — 7:00 P.M AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL WEDNESDAY, JUNE 15, 2011 . — CIVIC THEATER/COUNCIL CHAMBERS REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on June 9, 2011) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non - Agendized Items Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Oral Communications - Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. Communications from Boards and Commissions Council Direction to Staff Instruction to Staff regarding actions on current Communications from Boards & Commissions. ANNOUNCEMENTS CEREMONIAL ITEMS 1. Appointment of Library Commissioner and Administer Oath of Office Recommended action: Adopt the attached resolution appointing one (1) member to the Library Commission and direct the City Clerk to administer the Oath of Office. SPECIAL PRESENTATIONS 2. Introduction of Santa Clara County Fire Chief Ken Kehmna Recommended action: Introduce the new Fire Chief Ken Kehmna to the community. 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 Regular Meeting Minutes — June 1, 2011 Recommended action: Approve minutes. 4. Review of Accounts Payable Check Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: May 26, 2011 June 2, 2011 5. Resolution Amending Council Agency and Adhoc Committee Liaison Assignments Recommended action: Adopt resolution amending Resolution 10 -071 appointing Council representatives to Committees, Agencies and Ad hoc Committees. 6. Motor Vehicle (MV) Resolution Restricting Parking on Portos Drive Recommended action: Move to adopt MV Resolution restricting parking on a portion of Portos Drive. 7. Award of Contract for Street Sweeping Services Recommended action: 1. Move to award a two year Street Sweeping Contract to Contract Sweeping Services in the amount of $91,000 per year with an additional $9,000 allocation per year for unscheduled sweeping. 2. Move to authorize the City Manager to execute a Street Sweeping Contract with Contract Sweeping Services. 8. Records Management Program: Resolution Authorizing Final Disposition of Certain City Records Recommended action: Adopt Resolution Authorizing Final Disposition of Certain City Records. 9. Appointment of City representative to the Association of Bay Area Governments Shared Agency Risk Pool Board Recommended action: 2 Adopt resolution designating City of Saratoga representatives to the Association of Bay Area Government's Shared Agency Risk Pool Board of Directors. 10. Ordinance applying the Agricultural Preserve /Open Space Overlay (AP /OS) Zoning to Two Merged Adjoining Parcels Located at 22480 and 22490 Mt. Eden Road Recommended action: Adopt the attached ordinance applying the Agricultural Preserve /Open Space Overlay (AP /OS) zoning to two merged adjoining parcels located at 22480 and 22490 Mt. Eden Road. 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 offive minutes maximum for closing statements. Items requested for continuance are subject to Council's approval at the Council meeting 11. Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation (Brush) Recommended action: Open public hearing; listen to public testimony; and close public hearing. Adopt resolution overruling objections and ordering hazardous vegetation abatement (brush). 12. Landscaping & Lighting Assessment District LLA -1 - Public Hearing, Approval of Engineer's Report, and Confirmation of Assessments for FY 11 -12 Recommended action: Move to adopt the Resolution(s) Ordering the Improvements and Confirming the Diagram and Assessments for FY 11 -12. 13 Zoning Ordinance Amendment to Prohibit Medical Marijuana Dispensaries Recommended action: Conduct a public hearing concerning adoption of the attached Zoning Ordinance Amendment to prohibit medical marijuana dispensaries. Introduce and waive the first reading of the ordinance and direct staff to place the ordinance on the consent calendar for adoption at the next regularly scheduled meeting of the City Council. OLD BUSINESS 14. Santa Clara County Commission Redistricting Update Recommended action: That the City Council discuss and provide direction to staff. 15. Preparation of Funding Proposal for 2008 Disaster Recovery Initiative Program Allocation Recommended action: Accept report and authorize staff to prepare a funding proposal to the State of California for a 2008 Disaster Recovery Initiative (DRI) Program allocation. 3 NEW BUSINESS 16. Chamber of Commerce Permit and Rental Fee Waiver Request Recommended action: Approve the Chamber of Commerce request to waive City permit and rental fees for a July 7, 2011 Barbeque at Wildwood Park and fund the waiver through the community events budget. 17. Resolution Supporting Consistent Federal and State Regulation of Medicinal Marijuana Recommended action: Accept report and direct staff accordingly. 18. City Council Meeting Decorum Recommended action: Discuss and provide direction to staff related to creating a council policy regarding meeting decorum for City meetings. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Howard Miller City School Ad -Hoc Council Finance Committee Hakone Foundation Executive Committee Santa Clara County Cities Association SCC Cities Association Selection Committee Valley Transportation Authority PAC West Valley Mayors and Managers Association West Valley Solid Waste Management Joint Powers Association Vice Mayor Chuck Page City School AdHoc Council Finance Committee Hakone Foundation Board Mayor /Vice Mayor Oath of Office Santa Clara Valley Water District Commission Saratoga Ministerial Association TEA AdHoc West Valley Sanitation District Councilmember Jill Hunter Historical Foundation KSAR Community Access TV Board SASCC Tree AdHoc Village AdHoc West Valley Flood Control & Watershed Advisory Committee Councilmember Emily Lo Association of Bay Area Government 4 Carlson House Restoration AdHoc Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Library Joint Powers Association Sister City Liaison Village AdHoc Councilmember Manny Cappello Carlson House Restoration AdHoc Chamber of Commerce County HCD Policy Committee Electric Vehicle Charging Stations AdHoc Highway 9 AdHoc Mayor/Vice Mayor Oath of Office Santa Clara County Emergency Council TEA AdHoc Tree AdHoc 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, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council for the City of Saratoga was posted on June 9, 2011, 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 9th day of June 2011 at Saratoga, California. Ann Sullivan, CMC City Clerk 5 NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 7/6 Regular Meeting - -Joint meeting with Planning Commission 7/20 RECESS 8/3 RECESS 8/17 Regular Meeting -- 9/7 Regular Meeting —Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting —Joint meeting with Saratoga/Monte Sereno Community Foundation 10/5 Regular Meeting —Joint meeting with Traffic Safety Commission 10/19 Regular Meeting —Joint meeting with Assemblymember Jim Beall, Jr. 11/2 Regular Meeting —Joint meeting with Saratoga Ministerial Association 11/16 Regular Meeting —Joint meeting with Hakone Foundation 12/6 Council Reorganization 12/7 Regular Meeting -- Joint meeting with Heritage Preservation Commission and Historical Foundation 12/21 Regular Meeting 6 CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME vL ()CUE: ADDRESS L 2-3 a SC L SUBJECT \ Y. - 'Sc-3 cS AGENDA ITEM NO. DATE 6 - r�- G ( TELEPHONE NO. I M 111 4 a & <FL 15 e-k_ TIME OF DAY CARD IS FILLED OUT: Mayor, City Council and Staff, I am here tonight to speak to the City Manager and Staff report that was distributed on Friday, June 3rd, regarding the ongoing major addition at 12369 Saraglen Drive. We are disappointed and disagree with the City Manager refusing our request to put a stop work order on the project and initiate proceedings to revoke the building permits and refer the project to the Planning Commission for design review. There is something terribly wrong in a city for which one of its core values is its residents quality of life, when Mr. Patrick Kwok, a former Cupertino planning commissioner, council member and mayor is allowed to build a large addition with such intense invasion of privacy on current residents, without any Planning Commission oversight and not allowing the effected neighbor any ability to appeal. In the words of councilman Cappello, a former Planning Commissioner, as he stood in our backyard "....only one neighbor was effected and they've been effected in the maximum way.... ". The actual application for Mr. Kwok's project was wrought with missing required documentation, estimations as opposed to actual measurements, his subtraction of a requested tree removal as it would have required an arborist report and neighbor notification and, finally, his own documented email complaints that city staff was asking too many questions. In fact, email records show that the Assistant City Manager intervened on his behalf in this process. Yet in spite of all these facts, his ability to breach our privacy and block our views of the hillsides is protected while we have been denied any opportunity to be heard, much less to appeal. In the words of Dave Anderson, our own City Manager, we would have to have been clairvoyant to meet the appeal deadline of 10 days after the project was approved last November, six months before any construction had begun. To reiterate documented city policy: • "Residential privacy is a key ingredient in the quality of life in Saratoga." and.. • "The City of Saratoga has had a long- standing commitment to the protection of views, both from the hillsides to the Bay Area and from the Santa Clara Valley to the hillsides." It is these two key values, which permeates throughout documents and municipal code that the City seeks to protect and which are being ignored and lost forever here. In his same memo to Council, the City Manager outlines the changes he plans to bring forth to the Council in August. Needless to say these changes include almost all the issues that we have brought forth regarding this project and process. Yet we are left with what will be a continuing invasion of our privacy, permanent impact to our quality of life and only a 'sorry' and 'thanks' for helping us make the process better. I hope you will all agree that should not be allowed to happen. It is rather ironic that you would meet in August to discuss what Howard refers to as "Bucket 2" when "Bucket 1", our situation and right to due process remains completely empty. In summary, we disagree with the conclusions in the City Managers report and his refusal to issue a stop work order for Mr. Kwok's project and will be considering the range of options available to us. Thank you for your time tonight. Martin Goldberg Denise Goldberg 12325 Scully Ave 2 Our previous view of the hillsides from the valley View from the Master Bedroom View from our Living Room Ample space for alternative designs . r Our home from the Kwok's addition AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JUNE 15, 2011 SPECIAL MEETING — 5:00 P.M., ADMINISTRATIVE CONFERENCE ROOM, . 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 5:00 P.M. REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on June 9, 2011) COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the council from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff COUNCIL DIRECTION TO STAFF Instruction to Staff regarding actions on current Oral Communications. ADJOURN TO CLOSED SESSION ANNOUNCEMENT OF CLOSED SESSION ITEM /S CONFERENCE WITH CITY - DESIGNATED LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6 The Council will confer with the City's labor negotiators, Deanna Mouser and /or Monica LaBossiere and /or Dave Anderson, regarding Saratoga Management Association, Saratoga Employees Association, and /or the Northern California Carpenters Regional Council, Carpenters Forty Six Counties Conference Board. OPEN SESSION —6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM —13777 FRUITVALE AVENUE. 1 CALL MEETING TO ORDER —6:00 P.M. 1. Joint Meeting with the Saratoga Library Commission and Friends of the Library Recommended Action: Informational only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted on June 9, 2011, 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 9th day of June 2011 at Saratoga, California. Ann Sullivan City Clerk 2 Saratoga Library Commission Informational Memorandum I June 14 1 2011 To: Saratoga City Council From: Sam McBane Mulford, Chair, Saratoga Library Commission cc: Saratoga Library Commission Melinda Cervantes, Santa Clara County Librarian Terrie Creamer, President, Friends of the Saratoga Libraries Crystal Morrow, Administrative Analyst, City of Saratoga Re: Meeting with Saratoga City Council June 15, 2011 Please review the following concepts in preparation for discussion at the upcoming joint Library Commission and Friends of the Saratoga Libraries meeting with City Council on June 15, 2011. Context The mission of the Saratoga Library Commission is to ensure that access is provided to informational, educational and recreational library materials and services that respond to evolving community needs. The Commission advises the Saratoga City Council regarding the library facility and grounds, as well as current library issues. The Commission guides the Santa Clara County Library Joint Powers Authority Board regarding library budgets, policies, plans and procedures. Commission Goals and Responsibilities • increase access to and awareness of the Library for Saratoga and Monte Sereno residents • liaise with community on library issues; facilitating resolution if possible • recommend Library Capital Improvement Fund projects to Council • support SCCL in strategic plan implementation in our communities Successes and Challenges • outstanding and emergent issues from original construction of the library have been resolved; recognize viable and highest value projects need to be identified for full expenditure of fund • annual commission process in place; will update to reflect new opportunities • resignation of two members of the commission this past year hindered momentum and progress on commission goals Opportunities • fully seated commission o eager to move forward o dynamic includes educational, entrepreneurial, o welcome the enthusiasm and connectedness of our Community Librarian and all staff • accessibility and awareness o new, non - resident fees will change the way the library is used in Saratoga and likely free up resources across the system; commission to help facilitate community awareness, use and advocacy o trial change in meeting time to be more accessible to community involvement o potential for joint SLC /FSL annual Saratoga Community Library Forum Pwww.ideauoncollaborative.com 18923 Koslcn Drive, Suite 100 • Saratoga, California 95070 408.387.9020