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HomeMy WebLinkAbout10-03-2012 Supplemental Council AgendaL� o� 5 A Rq\ o� '-�IF0V % AGENDA SPECIAL MEETING SARATOGA CITY COUNCIL OCTOBER 3, 2012 SPECIAL MEETING — 5:30 P.M. — ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. CALL MEETING TO ORDER — 5:30 P.M. REPORT ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on September 27, 2012) 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 j`' 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 — 5:30 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8): Property described as: Assessor's Parcel No. 389- 29 -07. Agency Negotiator /s: Dave Anderson, City Manager and John Cherbone, Public Works Director, and Richard Taylor, City Attorney Negotiating parties: City of Saratoga and David & Susan Carter Under negotiation: Price and terms of payment. COMMISSION INTERVIEWS — 5:45 P.M. TIME APPLICANT COMMISSION VACANCIES 5:50 p.m. Christine Zak Parks and Recreation Commission 2 positions CALL JOINT MEETING TO ORDER — 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE 1. Joint Meeting with the Saratoga Monte Sereno Community Foundation 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.saratog-a.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 4081868 -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 ofAgenda: I, Crystal Bothelio, 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 September 27, 2012 at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 27th day of September 2012 at Saratoga, California. Crystal Bothelio City Clerk 2 �rCi) AGENDA REGULAR MEETING SARATOGA CITY COUNCIL WEDNESDAY, OCTOBER 3, 2012 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 27, 2012) REPORT FROM CLOSED SESSION COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non- Ay-endized 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. Commendations for Outgoing City Commissioners Recommended action: Read and present commendations. 2. Appointment of City Commissioners Recommended action: 1. Adopt the resolution appointing one member to the Parks and Recreation Commission and one member to the Library Commission; and 2. Direct the City Clerk to administer the Oaths of Office. SPECIAL PRESENTATIONS Presentation on Saratoga High School Marching Band Recommended action: Accept the Saratoga High. School Marching Band's report on being selected for the Macy's Thanksgiving Day Parade. 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. 4. City Council Meeting Minutes Recommended action: Approve City Council minutes for the Special Meeting and the Regular Meeting on September 19, 2012. 5. Review of Accounts Payable Check Registers Recommended action: Review and accept check. registers for the following accounts payable payment cycles: 9/18/2012 9/25/2012 6. Ordinance Amending City Code 11 -05 and 11 -10 (Standards and Procedures for City Park Use) Recommended action: Waive the second reading and adopt the ordinance modifying Articles 11 -05 and 1I- 10 of the City Code and updating City park standards and procedures for use. 7. Historic Landmark Designation for 19161 Cox Avenue (386 -47 -039) Recommended action: Waive the second reading and adopt the proposed ordinance. Highway 9 Safety Improvement Project Phase II — Award of Construction Contract Recommended action: 1. Move to reject bid protest submitted by Operating Engineer's Union 2. Move to declare GradeTech Inc. of San Ramon to be the lowest responsible bidder on the project. 3. Move to award a construction contract to GradeTech Inc. in the amount of $887,690.00. 4. Move to authorize staff to execute change orders to the contract up to $88,000. 9. FY 2012 — 2013 CDBG County /City Contract and CDBG Update Recommended action: Adopt a Resolution authorizing the City Manager to execute a $149,088.22 contract with Santa Clara County for the FY 2012 -2013 CDBG Program and approve a transfer request of $12,597.22 from project #SA11 -42 (Hakone Gardens Lower House Doors) to project #SA -13 -41 (Access to Public Facilities). PUBLIC HEARINGS None OLD BUSINESS 10. Community Center Multi- Purpose Room Hardwood Floor Recommended action: Staff recommends that Council accept the report and provide direction to staff. 11. City of Saratoga Civic Theater - Council Chambers Master Plan Recommended action: Staff recommends that Council accept the report and provide direction to staff. NEW BUSINESS 12. Group Use Permit Implementation Policy Recommended action: Review the draft Group Use Permit Implementation Policy and adopt the resolution establishing the Group Use Permit Implementation Policy. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page City School Ad Hoc Hakone Foundation Board Hakone Foundation Executive Committee Let's Move City Ad Hoc Santa Clara County Cities Association Santa Clara County Cities Association Selection Committee TEA Ad Hoc West Valley Mayors and Managers Association West Valley Sanitation District Vice Mayor Jill Hunter Hakone Foundation Board Historical Foundation KSAR Community Access TV Board SASCC Village Ad Hoc West Valley Flood Control & Watershed Advisory Committee Council Member Emily Lo Association of Bay Area Governments Highway 9 Ad Hoc Library Joint Powers Authority Sister City Liaison Village Ad Hoc Council Member Howard Miller City School Ad Hoc Council Finance Committee Postal Service Liaison Santa Clara Valley Water District Commission Saratoga Ministerial Association Valley Transportation Authority PAC West Valley Solid Waste Management Joint Powers Authority Council Member Manny Cappello Chamber of Commerce Council Finance Committee County HCD Policy Committee Highway 9 Ad Hoc Let's Move City Ad Hoc Santa Clara County Emergency Council TEA Ad Hoc 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, Crystal Bothelio, 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 27, 2012, 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.saratojza.ca.us. Si ed this 27�h daember 2012 at Saratoga, California. Cry tal Bothelio, City Clerk NOTE: To view current or previous City Council meetings anytime, go to the City Video Archives at www.saratoga.ca.us K� 09/19 10/03 10/17 11/07 11/21 12/05 12/19 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2012 Regular Meeting —Joint Meeting with West Valley Board of Trustees Regular Meeting — Joint Meeting with Saratoga/Monte Sereno Community Foundation Regular Meeting — Joint Meeting with Traffic Safety Commission Regular Meeting — Joint Meeting with Library Commission Meeting Cancelled Regular Meeting — Joint meeting with Saratoga Ministerial Association Regular Meeting TO THE COUNCIL MEMBERS OF THE CITY SARATOGA From, Yurik and Genya Muradyan, DEAR HONORABLE MEMBER OF THE COUNCIL OF CITY SARATOGA We came here as a refugees from the Soviet Union. After good work now we are retired seniors under 80. On 2009 we got a small garden plot in El Quito park of City Saratoga. During four years, with the help of our children we leveled and cleaned, planted- grapes and trees, grafted trees, invested all of our energy and heart, our good feelings and much of our very law income and built beautiful garden. It became our main. business appointments. All of the sudden Garden September 2012 dismissed us from Garden... and our life excluded doctor's Plot Administrator Nina Walker in In 1930 -es Stalin several times dispossessed my father as. a "kulak" which means wealthy man until he died in his early ages. Are we still in Soviet Union, are we still "kulaks" in the USA. After our harrowing Fetters (please see letters are enclosed) asking Ms. Nina to change discriminative and unjust decision she continues to stay on the side of criminal lady who killed our plants for four years and poisoned our family. Detail facts please see in letters to Ms. Nina Walker, and- her answers. After all of that we are unable not to mention that during four years Ms. Nina did not do any Community meeting to solve problems like this. Instead she grow in the garden some aristocrats like Ada, who for years subleasing second garden plot in front of our eyes. If Nina does not know, we have-informed her personally.. Thankyou And god blesses you. From: Yurik Muradyan Plot holder of Plot #N, 9/17/12 Dear Nina Walker; As I told you I am a professional Grover, and I have seen strange things being in El Quito Park. The bigger tomato bushes dying allover in the garden, and my tomatoes totally getting dead in the middle of the season. Seeing that-people feel sorry for my tremendous - job and having nothing, they suggesf `Me to take their tomatoes and I feel shame l eiiig unable to grove myself and take from coo gardeners. Alf`this years except' last year, when - I had almost 40 percent tomato bushes left, I could not get enough. tomato for my family. Being specialist for fifty and more years, I understood that there is working. some evil hand, but having no facts I could not come to any conclusion, or make any announcement, even I had suspicions. But how Grover can kill beautiful plants? All of this bothered me. This year at the middle of June a neighbor passed through pass way next to fence of my plot. As everybody, he was delighted with my garden, and said that "My plants are even better than Ada's plants are". I said I don't know which one is the best, everybody is doing good job in this - garden. After that some neighbors told me that they listened same words from the same man. In some days -I so my bigger tomato bushes began to day again. Once .I went to garden early morning, and I so Ada is spraying my tomatoes. It was like a lightning on my head. Means it is she, doubts are ended. Due to my knee problem I could not run to catch her, and longtime I could not open the lock, from- _ .. indignation_ and: stress_ 14estKmyf- vision and° my-,speech my = hands -=weii- .shaking, T totally y was exhausted. It was something like epilepsy. After I could enter garden she already disappeared_ As the Caucasian man I felt shame to tell anybody including my wife about my weakness and about this case, but years took their toll... Next day I so, where she was four tomatoes are dead. In about two weeks seventy percent of tomatoes were totally dead, others faded, blackberries, some grapes and some cucumbers too. When the same man was passing through there I blamed him for his announcement and ask him to tell Ada behave herself, since I do not speak with her, after last year's non sense complains with Mr. Preston. This year she. totally killed my and other two neighbors tomatoes, all other's partially. Now I understood that this insidious lady all of this made to show me that this is a just sickness. I also have heard that she has tomato mania, and is creasy to show that she is the best grower. To be sure you may not listen me; you can go -and compare tomatoes in your garden and side by side church's garden. From middle of August all our tomatoes are dead and thrown away, in church's territory on the middle of September are green and would be green before cold bits: I am a worker and creator; I do not have time to fight with canny and spoiled people. I do not -know after knowing this what would be your personal decision, but using this opportunity I would like to ask you to stop this depersonalized lady from evildoing. She is unmasked now. Respectfully, Yurik Muradyan. 9/18/12 TO: Nina Walker, Community Garden Plot Administrator T0: Michael Taylor, Director of Recreation & Facilities Dear headquarters; During these years this small piece of garden became the main part of our life and simply life for us means garden, excluded doctors' appointments. During 365 days of the year we had been there more than 400 times, means some days twice a day. Sometimes we spend the half of our monthly budget on it, and we d'o not regret for that. We have no any property, no business to get busy with, no were to go to relieve our edge related and lifelong sicknesses, pains and- sometimes grief and sorrow! After visit to your office. we were there. We tried with tears in eyes to say farewell, it was impossible... we came home to rest it was impossible, we lied to sleep it was impossible... For God's sake if you consider that we have done a mistake, men are like that, we accept that and please forgive us, give us a chance to leave! We will put maximum efforts to meet with your higher demands. The life is difficult without that, please do not make impossible. The life with its ups and downs is for everybody. Forgive to be forgiven and God bless both of you. Yurik & Genya Muradyan 1 16:37x...9, iI'TWA p! woll 11-1�� 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868 -1200 COUNCIL MEMBERS: .Manny Cappello fill Hunter EmiIy Lo Howard Miller Chuck Page September 25, 2012 Dear Mr. Muradyan, In reference to our meeting last Monday, Sept. 17 h and-in reflecting on all the points of view and on every side of the issue, I have made a decision regarding your continued rental of Plot N at the Saratoga Community Garden. Just to review the following allegations which have been leveled against you, they are Abusive, bullying and aggressive behavior towards some of the gardeners - Loud and foul language - Accusations and threats, some implying bodily harm This behavior is in clear violation of the El Quito Park Community Gardens Rules and Regulations Policy which states: Each gardener shall be considerate of fellow gardeners and shall not engage in any activity that is detrimental to others - Gardeners agree to abide by the rules and regulations of the Community Garden Plot Program and will forfeit all fees paid and the right to continued use of a plot if a violation occurs. After careful consideration and with a responsibility to ensure the safety and well being of all the gardeners, I have decided to issue an eviction order. As a gesture of goodwill. and compassion I will allow you to remain at the garden to complete your current rental term which expires Dec.30, 2012. You therefore have 96 days to vacate your plot: and if this is a hardship, you may abandon your plot as is and the City will assume the clean up. Thank you for your prompt attention to this matter. F MEOW W �� Nina Walker Community Garden Administrator 9 -27 -2012 TO: Nina Walker, Community Garden Plot Administrator T0: Michael Taylor, Director of Recreation $ Facilities Dear headquarters; We, Seniors, are in the process of suffering and fighting to get medicine with the name Avastin for dying from the cancer Yurik's brother in Armenia, to spend our dark days against heart and. blood pressure problems, diabetes and diabetic neuropathy, arthritis, vision, hearing, concentrating, falling, tens. of pain problems, Yurik's precancerous situation. Without problems coming from outside world (injustice, envy, hatred, etc.) this load by itself is unbearable. But suddenly the sky is totally falling, creates pitch darkness, hell. We do not want to give you any part of this, but as a human you have a great mission; not to add on it! . Please do not add any more load on us, we can't bear it. We told you what means s garden for us! Thank you, Respectfully, Yurik & Gen Dear Mr. and Mrs. Muradyan, Thank you for your email and I fully appreciate the sentiments therein. I do however have a responsibility to provide an enjoyable space for all the gardeners and must make that a priority when making decisions. Start looking around in your own community, Sunnyvale, for a church or a garden plot that would be closer to you and that you can make your own. I wish you only the best and hope your plants can find a new home soon. I have given you plenty of time to remove your items and if this is a hardship, just let me know and the City will take care of everything. Regards, Nina Vatker Facility Coordinator for the City of Saratoga. 408.868.1259 19655 Allendale Ave. Saratoga, CA 95070 Letter of Recommendation /to whom it may concern We,. members of EL Quito Park Community garden, during years of being together know coo member Yurik Muradyan as a greetingful, friendly, polite, knowledgeable, sensitive to other's needs, and very helpful personality. He will help you any time you want, putting aside his own job. He always politely will remind you growing problems if you have. We wish to have Yurik Muradyan in our Community Garden. Members of Community: / 0/ hL, AA " /" Fi N A,,IE ADDRESS SUBJECT CITY" OF SARATOGA REQUEST TO ADDRESS THE CITY COLJNCIL wo-00 AGE DA ITEM NO. DATE TELEPHONE N0. TIME OF DAY CARD IS FILLED OUT. XNA ADDRES S SU B.I E-•CT CITY OF SARATOGA, REQUEST TO ADDRESS THE-- -CITY" CO'U`- CM tv + NutpuX4 :aGC:NDA ITEM NO. DATE T[-�M'E OF DAY CARD IS FILLED OUT: � C/ 0612 TELEPHONE INTO. CITY OF SARATOGA REQUEST TO ADDRESS THE- CITY COtJ CIL N.A ,« A L 50,tU� ADDR.E.SS � ,- SUBJECT l LA4 S ���1 AGE.\DA ITEIM \O. _ DATE TELEPHO \-E NO. TIME- OF DAY CARD IS FILLED OUT: c: t. ADDRESS SUBJECT CITY" OF SARATOGA VEST TO ADDRESS THE CITY COUNCIL, - v AGENDA ITEM -I NO. DATE Lf �� TELEPHON7E NO. TIME OF DAY CARD [S FILLED OUT: Lv ; r. CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL N.a� 1E 4 ADDRESS SUBJECT b -I "IA c� -e 1 4 AGENDA ITEM NO. 911 DATE I Of A/1 2 TELEPHOI E NO. TIME OF DAY CARD IS FILLED OUT: G 5- �� CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL ADDRESS SUBJECT : AGENDA ITEM NO. W DATE Iv 3// v TELEPHO\ E NO. %/ TINIE OF DAY CARD IS FILLED OUT & :5-757 NA-ME l6we ADDRESS SUBJECT CITY OF SARATOGA REQUEST TO ADDRESS THE CITY COUNCIL 9-odwcd Flow, AGENDA ITEM NO. ) o DATE ID TIME OF DAY &0\_D IS FILLED OUT: l D),3 TELEPHONE NO ADDRESS SUBJECT W Do d AGENDA ITEM NO. DATE TIME OF DAY CARD IS FILLED OUT: TELEPHONE N0.