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HomeMy WebLinkAbout07-06-2011 City Council Packet SupplementalAGENDA SPECIAL MEETING SARATOGA CITY COUNCIL JULY 6, 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 July 1, 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 ANTICIPATED LITIGATION — Significant Exposure to Litigation (Government Code Section 54956(b): 1 case. 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 Planning Commission Recommended Action: Informational only ADJOURNMENT In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868 -1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] Certificate of Posting of Agenda: 1, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted on July 1, 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 ft day of July 2011 at Saratoga, California. Ann Sullivan City Clerk 2 N A Sl CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL AGENDA ITEM NO. DATE TELEPHONE NO. (MaJ 67 - V6W TIME OF DAY CARD IS FILLED OUT: 7 ILefI -�G� C� IS'�I M ADDRESS CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL SUBJECT M "�A % b- AGENDA ITEM NO. DATE TELEPHONE NO. �i S� -22,2 TIME OF DAY CARD IS FILLED OUT: 7. CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME Dc- f? P�Pr Q- U m " i v�j!s� ADDRESS f % � � Oki/-, s T SUBJECT Q, i \ � r27 ��- k / c C- AGENDA ITEM NO. DATE TELEPHONE NO.0 TIME OF DAY CARD IS FELLED OUT: ` C7 /►/� CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME `, ��l ✓V C. �l e 4(GL�I 5 0 N ADDRESS .fin SUBJECT it I� /P %�1'� -s / vc AGENDA ITEM NO. DATE �/ TIME OF DAY CARD IS FILLED OUT: S o It TELEPHONE NO. CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME �k�\ \ &N I ��NM `�� ADDRESS SUBJECT 1 r e'41, AGENDA ITEM NO. DATE 2 G < < TELEPHONE NO. G S X - 3 31 l TIME OF DAY CARD IS FILLED OUT: ( U C r CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL cvv-&A. Low A-6t-CL ADDRESS SUBJECT Z AGENDA ITEM NO. _� DATE �( ( (P TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT: f2 " �-o - p 1 V t NAME ADDRESS SUBJECT CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL AGENDA ITEM NO. �_ DATE v ' 1 TELEPHONE NO. � (' �'��U� TIME OF DAY CARD IS FILLED OUT: '(` &2&" CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME Eal�' R , ` or I rc rakur. ck l ADDRESS 6� I F2 /�"lomecCa �crn �gS� SUBJECT r r-p-' AGENDA ITEM NO. t I DATE TELEPHONE NO. � H- li3- 4 300 TIME OF DAY CARD IS FILLED OUT: 219, ,-� M AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, JULY 69 2011 REGULAR MEETING — 7:00 P.M. — CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on July 1, 2011) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Aizendized 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 Commendation Recognizing Wildwoodstock Recommended action: Read and present commendation. 2. Proclamation Recognizing Month of August 2011 - "World Breastfeeding Awareness Month" Recommended action: Read and present proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. City Council Regular Meeting Minutes — June 15, 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: June 9, 2011 June 16, 2011 June 23, 2011 Property Tax Levy for Debt Service Payments on the Library General Obligation Bonds Recommended action: The City Council adopt the attached resolution which sets the FY 2011/12 property tax levy rate for the Library General Obligation Bond at $.0088 per $100 of Assessed Valuation to provide for the 2012 debt service assessments. 6. Amendment of Agreement with KSAR Recommended action: City staff is recommending that the Council approve the Second Amendment to Community Access Cable Television Services Agreement. 7. Zoning Ordinance Amendment to Prohibit Medical Marijuana Dispensaries Recommended action: Waive the second reading and adopt the proposed ordinance. 8. Hakone Gardens Well and Pumping System — Notice of Completion Recommended action: Move to accept the Hakone Gardens well and pumping system project as complete and authorize the City Manager to sign the Notice of Completion for the construction contract. 9. One year extension to Annual Maintenance Service Contract — Landscape Maintenance Services (Gachina Landscape Services) Recommended action: Approve a one year extension to the existing service contract with Gachina Landscape Services for scheduled maintenance of various City landscaped areas in the amount of $75,756 and authorize the City Manager to execute the same. 10. One year extension to Annual Maintenance Service Contract — Landscape Maintenance Services (Loral Landscape, Inc.) Recommended action: Approve a one year extension to the existing service contract with Loral Landscape, Inc for scheduled maintenance of various City landscaped areas in the amount of $52,320 and authorize the City Manager to execute the same. 11. City Manager Voluntary Benefits Waiver Recommended action: Adopt. resolution and authorize the Mayor to sign an agreement documenting the City Manager's offer to voluntarily waive certain benefits specified in his employment agreement. 12. Unrepresented Regular Employee (Human Resources Manager) Recommended action: Adopt resolution and authorize the Mayor to sign the voluntary compensation and benefits waiver agreement signed by the Human Resources Manager. 13. SMO (Saratoga Management Organization) Side Letters of Agreement for Reductions Recommended action: Adopt resolution referencing the three Side Letters of Agreement with SMO agreeing to both short-term and long -term reductions in compensation and /or benefits currently provided to the SMO- represented employees. PUBLIC HEARINGS Members of the public may comment on any item for up to three minutes. Items requested for continuance are subject to Council's approval at the Council meeting 14. Confirmation of Report and Assessment of 2011 Weed /Brush Abatement Program Recommended action: Open public hearing, close public hearing, and adopt resolution confirming report and assessment of hazardous vegetation abatement charges. 15. Authorization to Submit Funding Proposal to the State Community Development Block Grant Program for 2008 Disaster Recovery Initiative Funding Recommended action: Open public hearing; listen to public testimony; close public hearing; and adopt resolution authorizing submittal of an application for funding and the execution of a grant agreement and any amendments thereto from the 2008 Disaster Recovery Initiative (DRI) allocation of the State CDBG Program. 16. Ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non - combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. Recommended action: Introduce and waive the first reading of the attached ordinance to amend the City Fire Code to exempt from automatic sprinkler system requirements parking structures made from non - combustible materials that are at least 20 feet from the nearest building and meet certain other requirements. Direct staff to place the ordinance on the consent calendar for approval at the next meeting of the City Council. OLD BUSINESS 17. Wildwood Cinema Movie Night Recommended action: Accept report and provide direction on the Park and Recreation Commission's recommendation that the Council pass a resolution allowing Wildwood Park to remain open until 10:00 p.m. on September 10, 2011 for Wildwood Cinema Movie night and allocate $1800 towards the event. 18. Designation of Voting Delegate for League of California Cities Annual Conference 2011 Recommended action: Designate a voting delegate and alternate for the League's Annual Conference. NEW BUSINESS 19. Preannexation Agreement and Initiation of Annexation for 19351 Redberry Drive (APN 510 -25 -062) Recommended action: Approve attached Preannexation Agreement and resolution initiating annexation of 19351 Redberry Drive (APN 510 -25 -062), an approximately 1.39 (gross) acre parcel contiguous with the limits of the City of Saratoga and within the City's Sphere of Influence and Urban Service Boundaries 20. Village Parking Improvements Recommended action: Receive report and provide direction to staff. 21. Wildwood Park Electrical Upgrades Recommended action: Receive report and provide direction to staff regarding electrical upgrades to Wildwood Park. 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 Let's Move City 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 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 Let's Move City 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 July 1, 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. sarato,_ a ca. us Signed this 1 s` day of July 2011 at Saratoga, California. - WWI Ann Sullivan, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us (CA 7LT�C91 C,, 7/6 7/20 8/3 8/17 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 Regular Meeting - -Joint meeting with Planning Commission RECESS RECESS Regular Meeting — Carlson House Core Team 9/7 Regular Meeting —Joint meeting with West Valley Board of Trustees 9/21 Regular Meeting —Joint meeting with Saratoga/Monte Sereno Community Foundation 1015 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 R Mayor, City Council members and Staff, I stood before you 3 weeks ago and voiced my disagreement with the City Manager letter dated June 3rd and his decision to not issue a stop work order on the project at 12369 Saraglen Drive for violations of Municipal Code and City procedures and process. The following day, June 16th, we formally appealed the City Managers decision. I am here to report that the Assistant City Attorney rejected that appeal, citing that the City Manager only issued a "report" but did not make a "decision ". It said that he reached "conclusions" and these "conclusions" did not qualify as a new decision to approve the Building Permit. The Assistant City Attorney goes on to say "If a review such as the one directed by the City Council and conducted by the City Manager qualified as a new "decision" on the underlying Building Permit, then the established time limit to appeal the original decision would be meaningless and an applicant could never obtain the finality needed to proceed with confidence in actually exercising the building permit." would most certainly assert that the current appeal time limit without required notification is indeed meaningless. The Assistant City Attorney reiterates that "notice for ministerial approval of a building permit is not legally required under the City Code or otherwise "....and that only the ministerial standards for floor area and setback apply to the OTC clearance, not the discretionary review for interference with views and privacy ". Throughout this process I have learned a new word..... ministerial. It is this word that has been used to tell us why only certain parts of the city code apply to the Over the Counter approval process. Why, though, that the clairvoyant appeal period of 10 days without neighbor notification is perfectly ok and can't be reviewed or revisited. Let's look at the definition of ministerial: A ministerial act is an act, especially of a governmental employee, in carrying out the mandates of statutes, legal authority, established procedures or instructions from a superior, without exercising any individual discretion. Yet included in the first page of the Community Development Directors memo to the City Manager he states that the Over - the - Counter checklist ".....is used as a guide for planning staff to review submitted projects for planning approval. Depending on the scope of work, Staff uses its discretion to determine if more or less information is required... ". This was certainly the case for required information which is bold and underlined in the OTC checklist but which was never supplied and words like "The project seems compliant with the allowable setbacks....." Certainly seems to me that this process has badly lost its way. In conclusion, now that we have exhausted all administrative routes within the City of Saratoga to have our appeal heard, up to and including yourselves, we will once again consider the range of options available to us. Nevertheless I want to thank you all for your concern and open ears to our grievances for the clear wrong that has been done here and support your upcoming work to scrutinize and fix a process that is clearly broken. This should not be a city where I needed to get an opinion letter from the Assistant City Attorney supporting my position that, indeed, the construction at the Kwok residence, in which the entire building is being gutted and remodeled does not qualify for work to be allowed on Sunday. Beyond simply adding neighbor notification to the checklist we have to look into the mirror and decide whether or not we want to live up to the basic tenants of how we describe quality of life in Saratoga and fit the process to support that. Marty & Denise Goldberg 12325 Scully Ave.