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HomeMy WebLinkAbout09-07-2011 City Council Packet SupplementalAGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, SEPTEMBER 7, 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 September 1, 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. Recovery Month Proclamation Recommended action: Read and present the proclamation declaring September 2011 as Recovery Month in the City of Saratoga. 2. Saratogan Readership Drawing Recommended action: Randomly draw the name of one person who responded to the Saratogan readership poll and announce the winner. 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. 3. City Council Regular Meeting Minutes — August 17, 2011 Recommended action: Approve minutes as submitted for the August 17, 2011, City Council Regular Meeting. 4. Review of Accounts Payable Registers Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: August 11, 2011 August 18, 2011 August 25, 2011 5. Treasurer's Report for the Month Ended June 30, 2011 Recommended action: Review and accept the Treasurer's Report for the month ended June 30, 2011. 6. Treasurer's Report for the Month Ended July 31, 2011 Recommended action: Review and accept the Treasurer's Report for the month ended July 31, 2011. 7. Resolution Renewing the Santa Clara County Abandoned Vehicle Abatement Service Authority Recommended action: Adopt the attached resolution authorizing the City of Saratoga to continue its participation in the Santa Clara County Abandoned Vehicle Abatement Service Authority (AVASA) Program. PUBLIC HEARINGS None OLD BUSINESS 8. 22480 and 22490 Mt. Eden Road (APN 503 -09 -003 and 503 -80 -004) Recommended action: Ratify the April 20, 2011 approval of the Integrated Annexation Package (including all revised implementing documents) related to the properties at 22480 and 22490 Mt. Eden Road (APNs 503 -09 -003 and 503 -80 -004) by adopting the attached Resolution and authorizing execution and recordation of the associated revised Integrated Annexation Package documents. NEW BUSINESS 9. Conditional Use Permit (CUP) Fee Reimbursement for Vine Life Gifts Recommended action: Staff recommends the City Council expend the remaining $2,300 of the New Business Incentive Program to partially reimburse the Conditional Use Permit fee for Vine Life Gifts. 10. AIertSCC Non - Emergency Messaging Recommended action: Appoint the City Manager as the authorized representative to respond to the Santa Clara County request to opt in or out of AIertSCC non - emergency messaging services and direct the City Manager to opt out of AIertSCC non - emergency messaging. 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 September 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 Si: n; ' this 1st day of September at Saratoga, California. Ann n, CMC City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ea.us CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2011 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 AMENDED AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL SEPTEMBER 7, 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 September 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 ITEMS CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code Section 54957.6) 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. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code Section 54957) Title: City Manager CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. 1 1. Joint Meeting with West Valley Board of Trustees 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 September 6, 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 6thday of September 2011 at Saratoga, California. Ann Sullivan, CMC City Clerk 2 To Whom It May Concern, In our home remodel of the residence at 20095 Pierce Rd Saratoga CA, which is not on the hillside and in which we added only 1100 sq ft, we went above and beyond to ensure our house is several times more fire safe than any other house on the entire street. Please note, before we moved into the house, it was a 50 year old typical neighborhood ranch house and never updated by any previous owner. But regardless it had passed all home inspections prior to our purchase. Most homes on our street still continue to have these issues even though we have improved all these as detailed below. Before Remodel (original 50 year old house, 2650 ft2) After Remodel (3750 ft2 - added 1100 ft2) Wood shake roof Class A fiberglass asphalt shingles roof Wood siding exterior Stucco exterior 50 year old original electrical wiring and circuit boxes New wiring throughout, new circuit boxes, new PG &E electricity meter 50 year old original gas lines New gas lines, new PG &E gas meter Type of cellulose insulation throughout attic Fire retardant fiberglass insulation throughout narrow horizontal eye -level windows in bedrooms Patio doors and large opening bay windows in bedrooms No security alarm Security alarm Deteriorating chimney without screens Reinforced chimneys with spark arresting screens 50 year old original wood floors Marble, tile and fire retardant treated floors Old furnace and water heater New furnace and water heater 50 year old original plumbing New copper plumbing throughout 2 smoke detectors 5 new smoke detectors (every room and hallway) No fire sprinklers Fire sprinklers throughout house, garage, attic, patio. Adequate volume /pressure to power 2 heads simultaneously No fire alarm bells Extremely Loud fire alarm bells inside and outside We made all of the above fire safety improves willingly on our own initiative because they made cost benefit financial sense as part of the remodel. Current Issue: i) 50+ year old house built to 50+ year old standards — City can sleep at night ii) 3600 ft2 house with no fire sprinklers throughout - City can sleep at night iii) 3750 ft2 house updated to today's standards with fire sprinklers installed throughout, 2 heads operational simultaneously — City can't sleep at night In the 3`d case only, City requests home owner to spend $10K more to dig up city roads to upgrade the meter in order that instead of just 2 heads that 3 heads are operational simultaneously which is adequate for a house up to 6200 ft2. This more than doubles the cost of the fire sprinklers, which previously made financial sense, but won't any more. We claim this pending City request to be an extravagant waste of money with which we disagree. We request a decision based on financial sense that either: A. City Council decides this doesn't make financial sense and rescind the requirement of us to fund this City project. or B. City Council provides us a written formal letter (not delegated) showing that after escalation the City Council decided this makes financial sense and forces us to fund this City project. CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL Y� NAME S u 2 otIV �C S /Lk/ ADDRESS 20 ° 25- , /L- C.0 415 ) cke 41-0 S A CAT 9S SUBJECT WITh 44gn ( C04-P1.1A sfirny (L /N 1 AGENDA ITEM NO. DATE /9/97.? a // TELEPHONE NO. 90 — S2-4 — 5-S TIME OF DAY CARD IS FILLED OUT: 6 5'` c P/N CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME CASEY 3'E ADDRESS Tee S/QCAi tatilty L6Avasito atod, SUBJECT 7r4 Amuvrit 7uaey Ilo AGENDA ITEM NO. DATE 9/0( TELEPHONE NO. TIME OF DAY CARD IS FILLED OUT: 6 ••sb PM IJOiv -A mt 1 . toil Ir CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME CSS 1 r 4 64120A f /(0/f " L 1 (1/1 iY ADDRESS it • MM/(/ 31 ,S'AAA. JO< ,cam- rs-7/ 3 SUBJECT UT L. ( o vn Nrl . h i'1 /1iw C`n ) ld AGENDA ITEM NO. Ail IA DATE TIME OF DAY CARD IS FILLED OUT: - Uv //� TELEPHONE NO. NAME J CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL )2_10"g-e-P ADDRESS —12-11 Vt G (-by c,A O\ b SUBJECT Tki C (ro AGENDA ITEM NO. DATE TELEPHONE NO. Le°5( �O L t ` TIME OF DAY CARD IS FILLED OUT: Sb CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME- - \O' ADDRESS 2 .O vM� nr . `_ �1�� �C ,�� ThaA C1530 SUBJECT .:7`�-L 1-\:1 0 l___- 1.1'1 -iv ��-i-- AGENDA ITEM NO. DATE I I TELEPHONE NO % 0\1- (')_E-2_ TIME OF DAY CARD IS FILLED OUT: 471'• ��� CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL NAME 1 r L` Yl l' ciz s S. ADDRESS ScP/h2 c(` . (Q�% l C! sUBThCT a ), t n '5-Y AGENDA ITEM NO. DATE TELEPHONE NO. (O TIME OF DAY CARD IS FILLED OUT: NAME ADDRES S SUBJECT CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL I ZAP - rr( l 7 3 • a,, ✓� 1127f-e L. AGENDA ITEM NO. DATE / / ( TELEPHONE NO.0- b �D Z J TIME OF DAY CARD IS FILLED OUT: ' / 2' Memo To: City Council From: Ann Sulliva Date: September 7, 2011 Re: Agenda Item 8 — 22480 and 22490 Mt. Eden Road (APN 503 -09- 003 and 503 -80 -004) The first attachment "Errata Sheet" reflects the changes to documents that were included in the attachments to the staff report noted above. Exhibit Al — Land Conservation Contract (Williamson Act) Compatible Use List — new replacement. Page 3 of 9 in the Preann.exation Agreement — new replacement. A 14,101, Su.l,11,vaw Ann Sullivan, CMC City Clerk EXHIBIT Al LAND CONSERVATION CONTRACT (WILLIAMSON ACT) COMPATIBLE USE LIST The following is a list of land uses determined to be compatible with the agricultural use, open space and recreational use of the land subject to this Contract: 1. Facilities for, and the drying, packing or other processing of, an agricultural commodity usually performed on the premises where it is produced but not including slaughter houses, fertilizer yards, bone yards or plants for the reduction of animal or vegetable matter. 2. Structures necessary and incidental to the agricultural use of the land (including but not limited to, dwellings for persons employed in the agricultural use of the land). 3. The holding of nonproducing land for future agricultural use. 4. The maintenance of land in its natural state for the purpose of preserving open space for recreation or plant or animal preserves. 5. Single family dwellings incidental to the agricultural use of the land for the residence of the owner, and the family of the owner, the lessee of the land and the family of the lessee, so long as otherwise in compliance with the City's land use regulations (including density regulations). Owner or lessee shall be construed to include: (a) stockholders in family corporations; (b) beneficiaries of family trusts and estates; (c) owners of undivided partial interests in the fee for the sale of agricultural commodities produced on the land; (d) members in family LLCs; and (e) partners in family limited partnerships. 6. The erection, construction, alteration or maintenance of gas, electric, water or communication utility facilities, in compliance with the CITY's underground utility ordinance No. NS -3.20. 7. Public or private fishing. 8. Public or private riding or hiking trails. 9. Stables and the boarding of horses or other livestock, a horse riding arena, but not including an animal hospital or kennel. 10. A garage, hay barn, utility barn (with an upstairs apartment), pool house, and workshop. G. WHEREAS, concurrent with annexation of the Annexation Property to the City, Owner agreed to merge the Principal Property with the Annexation Property into a single legal parcel (the "Merged Property ") for planning and land use purposes, which Merged Property is more particularly described in Exhibit E, attached hereto and incorporated herein by this reference, and pursuant to said agreement executed a Notice and Deed of Voluntary Merger of the Annexation Property and Principal Property, which Deed was recorded as Document No. 21191123 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011, and rescinded the Williamson Act Contract for the Principal Property and simultaneously re- entered a Williamson Act Contract covering the entire Merged Property, which Williamson Act Contract was recorded as Document No. 21191124 in the office of the County Recorder, County of Santa Clara, California on May 26, 2011, and applied for and received a Conditional Use Permit and Variation from Standards and Design Review Approval for the benefit of the entire Development Proposal located on the Principal Property; H. WHEREAS, during the period that Owner has been processing the annexation of the Annexation Property and its merger with the Principal Property and the related Development Proposal, the two members who have been the sole owners of Owner STLLC have also been in the process of reallocating their joint ownerships of properties owned by STLLC and other entities between themselves. This reallocation of ownerships resulted in an untimely transfer by grant deeds executed on April 28, 2011 of both the Annexation Property and the Principal Property out of STLLC to another entity, Grace PB LLC, owned solely by one of the two members of STLLC. Upon realization of the untimeliness of the transfer, Grace PB LLC, by and through its sole member manager, and STLLC, by and through its two members and its manager, rescinded both transfers to Grace PB LLC by the execution of a Rescission Agreement, effective as of April 28, 2011, and Grace PB LLC has executed, and on August 23, 2011 recorded, Rescission Deeds by which it has remised, released and quitclaimed all its interest in both the Principal Property (Document No. 21287993) and the Annexation Property (Document No. 21287994) back to STLLC, thus restoring title to both properties in STLLC effective as of April 28, 2011; I. WHEREAS, CITY has ratified its prior adoption of its Resolution Nos. 11 -026, 11 -027, and 11 -028 related to its April 20, 2011 approvals of the Integrated Annexation Package (including but not limited to Owner's Development Proposal) by its adoption of Resolution No. at its regular meeting on September 7, 2011, and City and Owner seek to resolve any issue with respect to the effectiveness of the South Thunder LLC Preannexation Agreement (Document No.12191125) previously recorded in the office of the County Recorder, Santa Clara County, on May 26, 2011 (the "Original Preannexation Agreement "); J. WHEREAS, the purpose of this Agreement is to set forth the City's and Owner's respective responsibilities and understandings in pursuing and achieving annexation of the Annexation Property and approval of the Development Proposal; hence, the Parties intend and agree that the Annexation Property be annexed to the City subject to the following specified agreements and conditions. SOUTH THUNDER, LLC PRE - ANNEXATION AGREEMENT (REVISED) Page 3 of 9