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HomeMy WebLinkAboutCity Council Resolution 85-9.134 RESOLUTION NO. 85-9.134 RESOLUTION OF THE CITY COUNCIL OF SARATOGA AMENDING RESOLUTION NO. 01-008 MAKING APPROPRIATE ADJUSTMENTS TO THE FISCAL YEAR 2000/2001 BUDGET AND RESOLUTION 85.9-132 AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES WHEREAS, the Saratoga City Council on February 7, 2001, adopted Resolution No. 01-008 making appropriate adjustments to the fiscal year 2000/2001 Budget including a new salary range effective February 3, 2001; and WHEREAS, the City of Saratoga, through its designated representatives and pursuant to state law, has met and conferred with the organized employee representative association, SEA, through its designated representatives, concerning a new Memorandum of Understanding governing terms of employment, salaries, benefits and other matters; and 41/ WHEREAS, the City of Saratoga wishes to amend the salary schedule adopted February 7, 2001, effective February 3, 2001, pursuant to the results of the salary survey performed in early 2001 to correct the salary range of the Recreation Supervisor classification set forth in exhibit "A"; and WHEREAS, the representatives of the City of Saratoga and SEA reached an understanding regarding Non-Management Salary Ranges dated July 1, 2001; and WHEREAS, the amendment to the salary scheduled adopted February 7, 2001, effective February 3, 2001, brings about the need for additional corrections to the Non-Management Salary Ranges dated July 1, 2001, and July 1, 2002, to correct the salary ranges of the Recreation Supervisor and Recreation Program Coordinator set forth in exhibits"B" and "C". NOW, THEREFORE, BE IT RESOLVED, that the salary schedules adopted as part of Resolution No. 01-008 and Resolution No. 85.9-132 are hereby amended to correct the salary ranges of the Recreation Supervisor and Recreation Program Coordinator. 'r The above and foregoing resolution was passed and adopted by the City Council of the City of Saratoga on the 66 of February, 2002, by the following vote: AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit NOES: None ABSTAIN: None ABSENT: None ATTEST: • i Nick Streit, Mayor Careen.'oyer, City Clerk 4 kr RESOLUTION NO.02-010 cif RESOLUTION OF THE CITY COUNCIL OF SARATOGA OPPOSING MEASURE E-A BOND MEASURE PROPOSED BY THE WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT WHEREAS, the West Valley-Mission Community College District has proposed a ballot measure to the voters that would authorize issuance of up $268,653,300 in bonds to be used for a number of specified projects at West Valley College in Saratoga and at Mission College (in the City of Santa Clara) and this measure has been designated as Measure E on ballot for the March 5, 2002 election (a copy of the full text of the Measure is attached as Exhibit A); and WHEREAS, Measure E would authorize funds for a number of projects at West Valley College including a project to "[r]enovate, modernize, complete and equip athletic facilities at West Valley College;" and WHEREAS, at the City Council meeting held February 6, 2002 the City Council received a report on the contents of Measure E at which time supporters, opponents and all other interested parties were given a full opportunity to be heard and to present information relevant to the Measure; and �r WHEREAS, the West Valley-Mission Community College District in 1998 adopted a resolution declaring that it"desires to construct an outdoor stadium facility" for athletic and other events with seating for up to 5,000 people with amenities which may include "seating, amplified public address and speaker systems, scoreboards, outdoor lighting (including lights, poles and standards), ticket booths, restrooms, concession stands, and other spectator-oriented accessory structures or other such features" (a copy of the full text of the resolution is attached as Exhibit B); and WHEREAS, West Valley-Mission Community College District in the 1998 resolution declaring its desire to construct an outdoor stadium facility further declared that development of the outdoor stadium and development of all classroom facilities at the West Valley College are not subject to compliance with the use permit issued to the District by the City or with either the zoning ordinance of the City of Saratoga or the Santa Clara County zoning ordinance; ' F WHEREAS, the City of Saratoga has adopted a zoning ordinance in order to promote the public, health, safety, and welfare by establishing standards and review procedures to encourage planning and design that minimize traffic, noise, and other impacts to the surrounding community; and WHEREAS, the City of Saratoga actively seeks to promote educational opportunities in the community in a manner that is consistent with maintaining and enhancing the public health, safety, and welfare; and WHEREAS, because the West Valley-Mission Community College District has declared that it need not comply with either its use permit or the City's zoning ordinance in developing the outdoor stadium facility and the numerous classroom facilities that would be funded by Measure E there is no assurance that those facilities would be developed in a manner that would protect the health, safety, and welfare of Saratoga residents; WHEREAS, the City of Saratoga acknowledges that the West Valley-Mission College District provides a valuable service to the surrounding communities and to the City of Saratoga and acknowledges the fact that renovations and repairs to the buildings may be necessary, but does not support the inclusion of funding for an outdoor stadium facility and; WHEREAS, the Saratoga City Council strives to preserve the integrity and character of the City's neighborhoods and strives to protect the quality of life that the citizens of Saratoga value. THEREFORE, BE IT RESOLVED that the City Council hereby declares that it is opposed to Measure E. L PASSED AND ADOPTED by the City Council of the City of Saratoga, State of California, this 12th day of February 2002, by the following vote: AYES: Councilmembers Stan Bogosian, Ann Waltonsmith, Vice Mayor Evan Baker Mayor Nick Streit NOES: None ABSTAIN: None ABSENT: Councilmember John Mehaffey Nick Streit, May TEST: •. ren Boyer, City Cler 4 Attachments Attachment A: Full Text of Measure E Attachment B: Full Text of West Valley-Mission Community College District Resolution adopted June 18, 1998 EXHIBIT B L FULL TEXT BALLOT PROPOSITION OF THE WEST VALLEY-MISSION COMMUNITY COLLEGE DISTRICT BOND MEASURE ELECTION MARCH 5, 2002 The following is the full proposition presented to the voters by the West Valley-Mission Community College District. "To improve educational opportunities for local residents, shall West Valley-Mission Community College District issue $268,653,300 in bonds at legal interest rates to construct, acquire, repair and equip classrooms, libraries, science/computer labs, facilities/sites, upgrade technology, improve safety conditions and accessibility for the disabled, upgrade fire, earthquake safety, lighting, electrical, energy conservation, ventilation/plumbing systems, appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries, administrative expenses?" The Board of Trustees of the West Valley-Mission Community College District has evaluated safety, class size reduction, and information technology needs in developing the scope of college facility projects to be funded as outlined in both the District's West Valley College Educational and Facilities Master Plan, dated February 16, 2001, and as shall be amended from time to time and the Mission College Educational and Facilities Master Plan, dated October 2, 2001, and as shall be amended from time to time, each on file for review at the Chancellor's Office: PROJECTS Mission College • Main Building repair,renovation and refurnishing for improved instruction, including new science labs, computer labs, and safety upgrades • Repair, renovation and upgrade existing classrooms • Replace aging portable classrooms with permanent classrooms • Construct and furnish a new classroom/instructional facility • Upgrade or construct job training classrooms • Repair deteriorating roofs • Upgrades to electrical, plumbing, mechanical, heating, ventilation,energy conservation, fire safety and security systems • Americans with Disabilities Act required improvements • Seismic and structural improvements to existing buildings • Safety upgrades to road and walkways • Upgrade technology infrastructure • Purchase multimedia and other equipment for the Learning Resource Center/Library hisir B-i DOCSSP2932I v I\22940.0002 • Purchase safety, ergonomic and instructional equipment for classrooms and work spaces, such as ergonomic furniture and multimedia equipment • Repair and renovate student support services building • Construct warehouse facilities for equipment and storage • Reduce outstanding debt for High Technology Campus Center • Construct institutional support facilities West Valley College • Upgrade and expand the math and science instructional facilities • Repair and renovate Administration of Justice (law enforcement) instructional facilities • Construct and furnish technology center • Repair,renovate and upgrade existing classrooms • Construct new classrooms • Replace aging portable classrooms with permanent classrooms • Upgrade or construct job training classrooms • Repair deteriorating roofs • Upgrade to electrical, plumbing, mechanical, heating, ventilation, energy conservation, fire safety,and security systems • Americans with Disabilities Act required improvements • Seismic and structural improvements to existing buildings • Safety upgrades to roads and walkways • Renovate, modernize, complete and equip athletic facilities at West Valley College • Replace portable Child Development Center facilities with permanent facilities • Upgrade the central plant for heating, ventilation and air conditioning • Upgrade and expand the Learning Resource Center/Library • Upgrade technology infrastructure • Renovate faculty workrooms and offices • Purchase safety, ergonomic and instructional equipment for classrooms and work spaces, such as ergonomic furniture and multimedia equipment. • Repair,renovate and expand Student Support Center facilities • Purchase temporary classrooms to accommodate construction • Reduce debt for information technology systems, a telephone system and portable facilities for police services, information technology services and general services department. • Construct institutional support facilities The details of each of the above-mentioned projects are set forth in each of the Educational and Facilities Master Plans referenced above. The allocation of bond money may be affected by the District's receipt of State matching funds and final costs of each project. The budget for each project may be affected by factors beyond the District's control. The timing of projects will be established by the Board of Trustees after review by the Citizen Oversight Committee. v B-2 DOCSSF\29321 v I\22940 0002 rcc..v0c. 14/ U/dtl 12;JJPM: 40c /61c .1100 dryanT. unan c. .a • faya .. /09/1998 12:29 408-79° 00 OWD CASJ PAGE 03 RESOLUTION (Amendment and Restatement of Resolution 9609191, as amended and restated) WHEREAS, the West Valley-Mission Community College District, a California community college district ("District") , established a Community college known as West Valley College ( "College") , which is located in the City of Saratoga, County of Santa Clara, State of California, and which is presently maintained at the southeast corner of the intersection of Fruitvale and Allendale Avenues in the City of Saratoga; and WHEREAS, the College desires to avoid inthe future any unneeded delays, unnecessary changes, and additional costs that it has previously experienced as a result of the actions of the City of Saratoga, and desires, for the benefit of its students, to proceed with improvements to its facilities that do not constitute "nonclassroom facilities" as that phrase is described in California Government Code 5 53094 and construed in California decisional law, including but not limited to City of Santa Cruz v, Santa Cruz City $chools Board of Education (1989) 210 Cal, App. 3d 1; and WHEREAS, the District desires to construct at the College an Qtdoor stadium facility (hereinafter "Facility") in which to onduct intramural or intercollegiate sporting events, other intercollegiate or intramural events, athletic .or otherwise, and other events . The Facility shall be designed to seat not more than 5, 000 people (although the final design to be approved by the District may allow for seating of less than 5 ,.0.00 people) and include, among other amenities, some or all of the following permanent or temporary features : seating; amplified public address and speaker systems, scoreboards, outdoor lighting (including lights, poles and standards) , ticket booths, restrooms, concession stands, and other spectator-oriented accessory structures or other such features; and WHEREAS, the District specifically finds that the Facility that it desires to construct as described above does not constitute a "large-scale" stadium as described in Condition 7 of Conditional Use Permit UP-119-i issued by the City of Saratoga, ' and that the, Facility advances the educational goals of the District to serve the needs and interests of its students by providing its students with a broad variety of educational experiences; and WHEREAS, on September 19, 1996, the District previously approved Resolution 9609191, addressing the same subject matter as this Resolution; and WHEREAS, on February 19 , 1998, the District previously amended -nd restated Resolution 9609191 . 1111/ un, no nnnnnc Oaie.vlU. r-, .�, .fu IL„ay rm . 00 /BO J100 - , Bryant onan mr. AL. , Page a 2/09/1998 12:29 408-7E .00 OWD rag.' PACE 04 `r t: C C , NOW, THEREFORE, BE IT RESOLVED, that pursuant to the authority of the provisions of California Government Code 6 53094 and any applicable California decisional law, including but not limited to city of Santa Cruz v, Santa Cruz City Schools Board of Education (1989) 210 Cal. App. 3d 1., the Board of Trustees of the District has in the past and now hereby reaffirms its intention to render inapplicable to the development and use of any of the facilities of the College (except for "nonclaseroom facilities" ) used for purposes of student instruction and related and incidental uses, including but not limited to its football field, its track and field area, its related sports facilities, and any arid all improvements to and surrounding its football field, its track and field - area and its related sports facilitiesused for such purposes, to the greatest extent permitted by such authority, and, specifically, inapplicable to. the development and use of the Facility, with reference to all existing municipal or county zoning ordinances or codes and any permits or petitions arising therefrom made.by the City of Saratoga or the County of Santa Clara; and FURTHER RESOLVED, that the District proposes to undertake the construction of the Facility at the College as described above; and (kW FURTHER RESOLVED, that the Facility that the District desires to construct as described above does not constitute a "large-scale" stadium as described in Condition 7 of Conditional Use Permit UP- 119-1 issued by the City of Saratoga, and the above notwithstanding, the District does not believe that Condition 7 of Conditional 7 Use Permit UP-119-1 issued by the City of Saratoga in any way limits, restricts, or is applicable to the District' s construction of the Facility as described above; and FURTHER RESOLVED, that by specifying its proposed construction of the Facility as described above, the District does not intend to, and shall not, limit its right to construct other improvements as it may determine in the future. FURTHER RESOLVED, that this Resolution Shall fully amend, restate and supersede Resolution 9609191, as amended and restated; and FURTHER RESOLVED, that in the event that any prior Board of Trustees action is found to be inconsistent with, or contrary to the intent of, this Resolution, the terms and provisions of. this Resolution shall control; and FURTHER RESOLVED, that should any provision of this resolution be found to be invalid or unenforceable, such invalidity or . unenforceability shall not affect the validity or enforceability of ii. le remaining provisions , which remaining provisions shall remain �jl full force and effect ; and WV-AR 000027 feyesveo. 12/ 61Sd 40d /U6 JIUU o CYyAAC enure ,( AL , Ada., a tl89/1998 12:29 468-79/' 00 OWD cael PAGE 85 1.. C le FURTHER RESOLVED, that should any provision of this resolution be found to be invalid or unenforceable with respect to any particular circumstances, such provision shall nevertheless remain in full force and effect in all other circumstances. PASSED AND ADOPTED by the Governing Board of the West valley- Mission Community College District of Santa Clara County, State of California, by a vote of its members on the lath day of Tune, 1998 as follows: _ AYES: NOES: ABSENT: luso 6/1S/OS `, .