Loading...
HomeMy WebLinkAbout01-16-2008 City Council Agenda Packet AGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, January 16, 2008 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 January 11, 2008) 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. Proclamation Declaring the Month of January 2008 as “ National Blood Donor Month” Recommended action: Present proclamation. 2. Commendation Honoring Warren B. Heid Recommended action: Present commendation. 1 SPECIAL PRESENTATIONS 3. Artsopolis - Silicon Valley Entertainment Recommended action: Informational only. 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 Minutes - December 19, 2007 Recommended action: Approve minutes. 5. Review of Accounts Payable Check Registers Recommended action: That the City Council accepts the Check Registers for the following Acocunts Payable payment cycles: December 12, 2007 December 20, 2007 January 10, 2008 6. Request for Funds - 6th Annual Mustard Walk Recommended action: Accept report and adopt budget resolution. 7. Summary Vacation of Easement for Light and Air at 14875 Baranga Lane Recommended action: Move to adopt the resolution vacating the easement for light and air on Lot 2 of Tract 1206 8. Approval of Sport User Agreements Recommended action: Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks and Prospect High School for organized sport use and authorize the City Manager to execute the same. 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 of five minutes maximum for closing statements. Items requested for continuance are subject to Council’s approval at the Council meeting 2 9. Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation Recommended action: Conduct public hearing and adopt resolution. OLD BUSINESS None NEW BUSINESS 10. Delegation to City Manager of Authority to Award Contracts Pursuant to Informal Bidding Under Article 12-15 of the Saratoga Municipal Code. Recommended action: Approve the attached resolution authorizing the City Manager to approve and execute contracts for public works projects bid pursuant to the City’s informal bidding procedures and the State of California’s Public Contract Code. 11. Request to Augment the Countywide Household Hazardous Waste Collection Program Recommended action: Accept report and adopt budget resolution augmenting the Household Hazardous Waste Program for the remainder of FY 07-08. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith Association of Bay Area Government Comprehensive County Expressway Planning Study Advisory Board (PAB) Hakone Foundation Executive Committee Santa Clara County Emergency Council SASCC West Valley Mayors and Mangers Association Sister City Liaison Council Finance Committee Facility Naming Committee Highway 9 Safety AdHoc Prospect Road AdHoc Vice Mayor Chuck Page Chamber of Commerce Hakone Execute Board West Valley Sanitation District West Valley Solid Waste Joint Powers Association Council Finance Committee North Campus AdHoc Village AdHoc Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association Valley Transportation Authority PAC 3 City School AdHoc Facility Naming Committee North Campus AdHoc Prospect Road AdHoc Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc Councilmember Aileen Kao County HCD Policy Committee Northern Central Flood Control Zone Advisory Board Santa Clara County Cities Association-Joint Economic Development Policy Committee (JEDPC) City School AdHoc Highway 9 Safety AdHoc CITY COUNCIL ITEMS OTHER CITY MANAGER’S REPORT ADJOURNMENT 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, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on January 11, 1008, of 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 11th day of January 2008 at Saratoga, California. Cathleen Boyer, CMC City Clerk 4 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 2008 2/1 City Council Retreat @ Warner Hutton House 2/6 Regular Meeting – Joint Meeting with Sheriff’s Office and County Fire 2/20 Regular Meeting – Joint Meeting with Supervisor Liz Kniss 3/5 Regular Meeting – Joint Meeting with Saratoga Ministerial Association 3/19 Regular Meeting – Joint Meeting with Planning Commission 4/2 Regular Meeting – Joint meeting with Library Commission and Friends of the Saratoga Libraries 4/16 Regular Meeting – Joint meeting with Youth Commission 5/7 Regular Meeting – Joint meeting with Mt. Winery 5/21 Regular Meeting – Joint Meeting with Traffic Safety Commission 6/4 Regular Meeting – Joint Meeting with Parks and Recreation Commission 6/18 Regular Meeting – Joint Meeting with HOA Presidents 7/2 Regular Meeting – Joint meeting with Heritage Preservation Commission and Historic Foundation 7/16 Regular Meeting – Joint meeting with SASCC 8/6 Regular Meeting – Joint Meeting with Hakone Foundation 8/20 Summer Recess – No Meeting 9/3 Regular Meeting – Joint Meeting with West Valley Board of Trustees 9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School District 10/1 Regular Meeting – Joint Meeting with Montalvo Arts 10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High School District 11/5 Regular Meeting – No Joint Meeting Scheduled 11/19 Regular Meeting – No Joint Meeting Scheduled 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – No Joint Meeting Scheduled 5 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Proclamation Declaring the Month of January 2008 as “ National Blood Donor Month” RECOMMENDED ACTION: Present proclamation. REPORT SUMMARY: The attached proclamation declares the month of January 2008 “National Blood Donor Month”. Mona Helmhold, Donor Recruitment Account Manager, will be attending the meeting to accept the proclamation on behalf of the American Red Cross. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Copy of proclamation 6 CITY OF SARATOGA PROCLAMATION DECLARING THE MONTH OF JANUARY 2008 VOLUNTEER BLOOD DONOR MONTH WHEREAS, National Blood Donor Month has been declared since 1970 to help ensure An adequate blood supply and to stress the importance of giving the “Gift of Life” through the donation of blood; and WHEREAS, National Blood Donor Month is a month-long observance that shows us that donating blood is a simple, safe, life-saving and selfless gift that millions of Americans can do; and WHEREAS, National Blood Donor Month makes us aware that every day blood is needed in hospitals and emergency treatment facilities for patients with cancer and other diseases, for organ transplant recipients, and to save the lives of accident victims; and WHEREAS, National Blood Donor Month addresses the need for constant replenishment of blood, especially during the winter months when blood is traditionally in short supply due to a reduction in donor turnout because of the holidays, busy travel schedules, inclement weather and illness, which can put blood inventory at a critical low; and WHEREAS, National Blood Donor Month helps us understand that sixty percent of the U.S. population is eligible to donate blood but only about five percent do, contributing an annual total of about 16 million units to the American Red Cross, that in turn are transfused to approximately four million patients; and WHEREAS, in Northern California, the American Red Cross provides 140,000 units of blood per year for the protection of patients, and there is a need for additional healthy, regular volunteer donors to join the ranks of those who already give of themselves so generously. Therefore, I, Ann Waltonsmith, Mayor of the City of Saratoga, hereby proclaim the month of January as “National Blood Donor Month” for Saratoga and urge all citizens to pay tribute to those among us who donate for others in need. I urge citizens in good health to donate regularly. I also urge all civic and service organizations and businesses, if they have not already done so, to form blood donor groups to provide blood for others. WITNESS OUR HAND AND THE SEAL OF THE CITY OF SARATOGA this 16th day of January 2008. _________________________ Ann Waltonsmith, Mayor City of Saratoga 7 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Commendation Honoring Warren B. Heid RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached commendation honors Warren Heid on his 50th anniversary as a licensed architect practicing in the City of Saratoga. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Copy of commendation 8 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA, HONORING Warren B. Heid, AIA-E Architect Emeritus WHEREAS, Warren B. Heid, a native Californian, raised in Los Gatos, a graduate of Los Gatos High School and having graduated from the University of California at Berkeley with a BA degree in Architecture with Departmental Honors in 1950, served an apprenticeship from 1950 to 1957 in San Jose, awarded a State License as Architect in 1956, and then began his practice in Saratoga when Mr. Heid opened his office on Big Basin Way in January, 1958, a resident of Saratoga for 48 years; and WHEREAS, Warren Heid served his country honorably for three and one-half years in the United States Army beginning 1942, which included one year as a Technical Sergeant in a Signal Corps Combat Battalion the China-Burma-India Theater of War; and WHEREAS, Mr. Heid has designed many private homes and commercial buildings such as the First National Bank building currently occupied by Wells Fargo Bank on Big Basin Way, the Santa Clara County Fire Station on Cox Avenue, the Redwood School Multi-Use building on Fruitvale Avenue, the Congress Springs Elementary School on Via Escuela, the St. Andrews Episcopal Church on Saratoga Avenue, the City of Saratoga Council Chambers building and remodeling of the Administrative building at the Civic Center, The Inn at Saratoga, the First Valley National Bank and Office building on Stevens Creek Boulevard in San Jose, the Chapel of the Oaks at Oak Hill Cemetery in San Jose, the Campbell and Los Gatos Branch buildings of Valley First National Bank, the San Jose Mercury Newspaper buildings in San Jose, the Sam Cloud Barn restoration originally built in 1886 in Saratoga, the Hotel Tiare in Tahiti; and WHEREAS, Mr. Heid has received several Architectural Design Awards of distinction during his prolific career including “Honorable Mention Award” from the National Home Builders Association Architectural Forum Magazine for a Small Home Design Competition of 1951, the Masonry Institute “Honor Award” for the Jones residence in Los Gatos in 1965, the Factory Magazine’s “Top Ten National Industrial Plants of 1968” for the design of the San Jose Mercury Newspaper Plant in San Jose, California, and the American Society of Landscape Architects “Honor Award” in 1968 for design of the Mt. Hermon Ponderosa Lodge in Mt. Hermon, California; and WHEREAS, Warren Heid has been an active member of the Saratoga Rotary Club since 1958 serving as President in 1960 and other offices and as Art Show Chairman in 1971 and 1973, Served on the Santa Clara County Planning Commission from 1967 to 1974 as chairman during the years 1972 and 1973, Served on the Saratoga Heritage Commission from 1982 to 1989 and as chairman from 1985 to 1989, and Served on the Montalvo Association Board of Trustees from 1977 to 1990 and was honored as Trustee Emeritus, and Served in various capacities on the Saratoga Historical Foundation Board of Directors from 1960 to the present time, which honors his lifetime’s achievements with a Museum Exhibit of his works. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does hereby proclaim recognition and appreciation of Warren B. Heid for his work of 50 years in Saratoga, his many accomplishments, his years of service to our community, and for his valued friendship to us all. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16th day of January, 2008 _________________________ Ann Waltonsmith, Mayor City of Saratoga 9 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Artsopolis - Silicon Valley Entertainment RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Bruce Davis, Arts Council Silicon Valley, Executive Director, will be providing a presentation on Artsopolis. What is Artsopolis? Artsopolis.com is the leading online resource for Arts and Cultural information for the Silicon Valley region. It offers the largest database of Silicon Valley Arts and Cultural events, as well as additional listings of classes and workshops, jobs, auditions, organizations, venues, public art, and individual artists. Originally established in 2000, the site has grown both in the number of site visitors and in the services and information it provides. Acquired in 2003 by Arts Council Silicon Valley, Artsopolis continues to grow in its service to the community. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: None 10 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – December 19, 2007 FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: Retain minutes for legislative history. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A – Minutes from December 19, 2007 11 MINUTES SARATOGA CITY COUNCIL DECEMBER 19, 2007 The City Council cancelled the interviews for the Parks and Recreation Commission and rescheduled them for February 6, 2007. Vice Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Jill Hunter, Kathleen King, Aileen Kao (arrived at 7:10 p.m.), Vice Mayor Chuck Page ABSENT: Mayor Ann Waltonsmith ALSO PRESENT: Dave Anderson, City Manager Osa Wolfe, City Attorney Barbara Powell, Assistant City Manager Cathleen Boyer, City Clerk Mary Furey, Administrative Services Director John Livingstone, Community Development Director John Cherbone, Public Works Director Michael Taylor, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 19, 2007 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 19, 2007, was properly posted on December 13, 2007. ORAL COMMUNICATIONS The following people requested to speak at tonight’s meeting: John Teeter requested that the City change the General Plan to designate his property residential. Mr. Teeter stated that he has been told his property is currently zoned as Cemetery. Lynne Gurley noted that she supported Mr. Teeter comments and added that she hopes the City will meet with the Madronia Cemetery Board. Theron Schaub stated that he attended the last Cemetery Board and was very disappointed. Mr. Schaub stated that he asked the Board to remove the two residential properties of the Cemetery Master Plan. 12 Bill Brown noted that he feels the Oak Street neighborhood is under assault. Mr. Brown stated that he heard that Oak Street School is planning to install a 5-foot wide sidewalk along Oak Street. Mr. Brown stated that a sidewalk would ruin the ambiance of the neighborhood. Maggie Creighton referred to an article in the Saratoga News regarding the Madronia Cemetery expansion. Susan stated that the Oak Street neighborhood needs all the Council’s help to deal with the Cemetery Board. Francesca Ordona requested an update on the latest developments involving the City’s efforts in contacting and arranging a meeting with the Cemetery Board. Keith Rieken stated that he does not support eminent domain. Jenni Young Taylor stated that she requested a copy of each Cemetery Board member’s ethics training certificate. Ms. Taylor noted that the Board did not comply with her request. Cynthia Young Taylor thanked Council and staff for their professionalism and requested that the City pass a resolution opposing eminent domain. Mega Giberson explained her view on the City’s responsibility to address and monitor activities in or near Willow Creek. Jeff Barco spoke in regards to the proposed Komina Walking Path. Mr. Barco stated that most people do not support the path. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Norman Koepernik noted that he was the Chair of the Heritage Preservation Commission. Chair Koepernik announced that the 2008 Mustard Walk is scheduled for February 10, 2008. Chair Koepernik also requested that the City consider granting $1,000 to help pay for the cost to change the banner to say Mustard Faire instead of Mustard Walk. COUNCIL DIRECTION TO STAFF Vice Mayor Page inquired about the process for General Plan designation change. John Livingstone, Community Development Director, explained that a property owner can ask for the change or the City Council can initiate the process. Vice Mayor Page requested that staff contact both the Teeter and Boyd family. Referring to Mrs. Giberson’s comments, Councilmember King requested an update in the weekly newsletter. In regards to Mr. Barco’s comments, Vice Mayor Page noted that he attended last Traffic Safety Commission meeting and noted that the Oak Street neighborhood has formed a Task Force. 13 Councilmember King requested that Chair Koepernik’s request be agendized at the next meeting. Vice Mayor Page concurred with Councilmember King’s request. ANNOUNCEMENTS Mary Furey, Administrative Services Director, introduced the City’s two newest employees Ann Xu and Anil Paul. Councilmember King reminded everyone to register online if you changed your holiday lights to LED. Vice Mayor Page announced that there is one vacancy on the Library Commission and three vacancies on the Parks and Recreation Commission. Vice Mayor Page announced that the January 2, 2008 City Council meeting has been cancelled. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. CITY COUNCIL MINUTES OF NOVEMBER 7, 2007 STAFF RECOMMENDATION: Approve minutes. KING/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF NOVEMBER 7, 2007. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 2. CITY COUNCIL MINUTES OF DECEMBER 4, 2007 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Page requested that this item be removed from the Consent Calendar. Vice Mayor Page noted that prior to the meeting he submitted changes to the City Clerk. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF DECEMBER 4, 2007. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 14 3. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS STAFF RECOMMENDATION: Accept the Check Registers for the following Accounts Payable payment cycles: November 29, 2007 December 6, 2007 KING/KAO MOVED TO ACCEPT THE CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: NOVEMBER 29, 2007 AND DECEMBER 6, 2007. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 4. TREASURER'S REPORT FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2007 STAFF RECOMMENDATION: Accept the Treasurer's Report for the three months ended September 30, 2007. KIN/KAO MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE THREE MONTHS ENDED SEPTEMBER 30, 2007. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 5. 2008 CITY COUNCIL MEETING CALENDAR STAFF RECOMMENDATION: Approve meeting calendar. KING/KAO MOVED TO APPROVE 2008 MEETING CALENDAR. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 6. COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEE APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 07-063 Vice Mayor Page requested that this item be removed from the Consent Calendar. Vice Mayor Page pointed out a few changes in the assignments. PAGE/HUNTER MOVED TO ADOPT AMENDED RESOLUTION APPOINTING AGENCY ASSIGNMENTS AND ADHOC COMMITTEE APPOINTMENTS. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. PUBLIC HEARINGS None 15 OLD BUSINESS None NEW BUSINESS 7. RESTRUCTURING OF CDBG LOANS WITH MID-PENINSULA HOUSING COALITION STAFF RECOMMENDATION: Postpone a decision on restructuring the loan until the County of Santa Clara and the City of Campbell have reached a final decision Suzanne Thomas, Assistant Planner, presented staff report. KING/HUNTER MOVED TO DIRECT CITY MANAGER ANDERSON AND ADMINISTRATIVE SERVICES DIRECTOR FUREY TO MEET WITH MID- PENINSULA HOUSING COALITION AND DISCUSS WHAT THE NEXT STEPS SHOULD BE. MOTION PASSED 3-1-1 WITH KAO OPPOSING AND WALTONSMITH ABSENT. Councilmember King requested that item 9 be heard prior to item 8. Consensus of the Council to move items nine before item 8. 9. NEW LOCATION FOR THE MASSAGE PERMIT PRACTICAL EXAM STAFF RECOMMENDATION: Approve the proposal for Dr. Brian Burkholder of Krause Family Chiropractic to perform the Practical Exam required for massage permits. John Livingstone, Community Development Director, presented staff report. KAO/KING MOVED TO APPROVE THE PROPOSAL FOR DR. BRIAN BURKHOLDER OF KRAUSE FAMILY CHIROPRACTIC TO PERFORM THE PRACTICAL EXAM REQUIRED FOR MASSAGE PERMITS. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 8. COMMUNITY DEVELOPMENT DEPARTMENT BUDGET ADJUSTMENT STAFF RECOMMENDATION: Approve the proposed budget adjustment. John Livingstone, Community Development Director, presented staff report. KING/KAO MOVED TO APPROVE COMMUNITY DEVELOPMENT BUDGET ADJUSTMENT. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. 16 10. MOTOR VEHICLE (MV) RESOLUTION AUTHORIZING NO PARKING STAFF RECOMMENDATION: Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping” on Marilyn Lane RESOLUTION: MV-271 John Cherbone, Public Works Director, presented staff report. KAO/KING MOVE TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING “NO PARKING OR STOPPING” ON MARILYN LANE. MOTION PASSED 4-0-1 WITH WALTONSMITH ABSENT. ADHOC & AGENCY ASSIGNMENT REPORTS Vice Mayor Page had no reportable information. Councilmember King reported the following information: Santa Clara County Cities Association - next year would like to focus on issues that all 15 cities could pass together. The Legislative Committee was also discontinued. Councilmember Kao had no reportable information. Councilmember Hunter had no reportable information. CITY COUNCIL ITEMS Councilmember King requested that staff look into whether CDBG funds could be used to pay for permits on low-income units. Councilmember King requested that this item be agendized for a future discussion. Vice Mayor Page concurred with Councilmember King’s request. OTHER None CITY MANAGER’S REPORT City Manager Anderson noted that City Hall would be closed December 24, 2007- Janaury 1, 2008. ADJOURNMENT HUNTER/KING MOVED TO ADJOURN THE MEETING. MOTION PASSED 4-0- 1 WITH WALTONSMITH ABSENT. 17 There being no further business Vice Mayor Page adjourned the regular meeting at 9:05 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 18 AGENDA ITEM: CITY MANAGER: Dave Anderson Karen Caselli DIRECTOR:Mary Furey RECOMMENDED ACTION: That the City Council accepts the Check Registers for the following Accounts Payable payment cycles: December 12, 2007 December 20, 2007 January 10, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Ending Check No. 12/12/07 106681 106739 59 $741,635.56 12/12/08 12/06/07 106680 12/20/08 106740 106830 91 $366,429.98 12/20/08 12/12/07 106739 01/10/08 106831 106917 87 $471,433.28 01/10/08 12/20/08 106830 Total$1,579,498.82 AP Date Check No. Issued to Dept.Amount 12/12/07 106691 General Gov. Services $14,850.00 12/12/07 106693 Community Development $14,176.04 12/12/07 106699 C.I.P.########## 12/12/07 106699 Various $10,656.36 12/12/07 106725 C.I.P.$24,930.44 12/12/07 106729 Various $45,598.55 12/20/07 106767 Gen. Gov Svc.$13,000.00 12/20/07 106771 Various $32,071.96 12/20/07 106772 C.I.P.########## 12/20/07 106790 C.I.P.$11,450.31 Annual Street Resurfacing Gachina Landscape Management Various Landscaping Services Ross Recreation Equipment Ending Check No. Total Checks SUBJECT: Review of Accounts Payable Check Registers. El Camino Paving, Inc.Annual Street Resurfacing MEETING DATE: Date City of San Jose DEPARTMENT: The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: Fund Type of Checks Prior Check Register Animal Control Monthly ServicesGeneral Accounts Payable Caporicci & Larson, CPA's Purpose Accounts Payable SARATOGA CITY COUNCIL General Finance & Administrative Services Accounts Payable Checks Released Professional Svc-Audit Progess Billing 2 January 16, 2008 Starting Check No. PREPARED BY: Amount Village Sidewalk/Gutter/Curb Receptacles/Bench-Big Basin Streetscape Shute, Mihaly & Weinberg Various Legal Services - Monthly Ekim Painting - North, Inc.Facility Improvement Exterior Staining of Library Furlo & Furlo Various Storm Drain Upgrade G. Bortolotto & Co., Inc. Saratoga Sunnyvale - Phase 2 Saratoga-Sunnyvale Road Rehabilitation Kustom Signals, Inc.2 Solar Radar Feedbacks Solar Radar Equipment C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report19 Cont. AP Date Check No. Issued to Dept.Amount 12/20/07 106810 Community Services $17,750.00 12/20/07 106815 Community Services $11,425.00 12/20/07 106817 Internal Service $10,780.00 12/20/07 106818 General/ PW $16,229.46 01/10/08 106831 General Gov. Services $26,505.12 01/10/08 106845 Community Development $14,176.04 01/10/08 106849 Community Development ########## 01/10/08 106862 Various $14,076.00 01/10/08 106888 C.I.P.$14,412.61 01/10/08 106891 Various $12,487.90 01/10/08 106917 PW/C.I.P.$15,558.00 The following is a list of Accounts Payable checks that were voided or manually issued: 1/4/08 106831 Wittwer & Parkin LLP Legal Fees The following is a list of cash reduction by fund: Fund #AP 12/12 AP 12/20 AP 1/10 Total 001 General 88,199.33 97,057.97 405,951.98 591,209.28 201 Manor Drive Landscape 160.00 160.00 320.00 202 Ferdericksburg Landscape 290.60 27.04 132.00 449.64 203 Greenbriar Landscape 332.31 211.41 220.00 763.72 204 Quito Lighting 1,209.69 1,209.69 205 Azule Lighting 264.22 264.22 206 Sarahills Lighting 288.48 288.48 207 Village Lighting 335.00 73.48 1,241.27 1,649.75 209 McCartysville Landscape 215.00 260.06 232.56 707.62 210 Tricia Woods Landscape 75.00 41.56 83.78 200.34 211 Arroyo de Saratoga Landscape 85.00 146.33 85.00 316.33 212 Leutar Court Landscape 85.00 44.94 85.00 214.94 215 Bonnet Way Landscape 127.00 116.92 127.00 370.92 216 Beauchamps Landscape 85.00 130.42 215.42 217 Sunland Park Landscape 340.00 340.00 680.00 222 Prides Crossing Landscape 450.00 245.27 483.11 1,178.38 224 Village Commercial Landscape 10.81 2,821.06 2,831.87 225 Saratoga Legends Landscape 1,368.93 363.00 1,731.93 226 Bellgrove Landscape 2,092.52 1,935.92 3,693.87 7,722.31 227 Cunningham/Glasgow Landscape 145.00 143.17 145.00 433.17 228 Kerwin Ranch Landscape 340.00 340.00 680.00 229 Tollgate LLD 117.08 90.00 207.08 231 Horseshoe Landscape/Lighting 320.00 65.00 328.25 713.25 Install Fiber.-Playgrounds The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: Bellgrove LL/Pk & Trail Repair Who Built Creative Builders Fund Description S.A.S.C.C.General Fund Community and CDBG Grant Funding - 07/08 3rd Quarter Saratoga Community Access TV General Fund Community Grant Funding - 07/08 3rd Quarter Sunguard H TE, Inc.Internal Services Fund Computer Systems Maintenance T.A.K.'s Equipment Equipment Replacement/Gen Gov Sod Cutter, Mower On-Line Striping Services Annual Street Resurfacing Street Striping- Herriman Avenue Pacific Gas & ElectricVarious Monthly Gas & Electric Service General Fund Legal Services County of S.Clara Office of Sheriff General Law Enforcement - Monthly Services Fund Purpose Gachina Landscape Management Various Landscaping Services City of San Jose General Fund Animal Control Services- Monthly Wittwer & Parkin, LLP C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report20 232 Gateway Landscape 245.00 325.43 375.95 946.38 The following is a list of cash reduction by fund: (cont.) Fund #AP 12/12 AP 12/20 AP 1/10 Total 233 Carnelian Glen 348.68 135.00 483.68 250 Dev Svc 95.00 95.00 270 CDBG Administration - - 271 Saratoga Housing & Rehab. Prg.- - 400 Library Bond Debt Service - - 501 Equipment Replacement ISF 15,998.59 15,998.59 502 Information Technology - - 503 Facility Improvement 1,392.97 19,706.41 7,369.21 28,468.59 504 Facilities 749.82 4,677.86 6,648.49 12,076.17 505 Information Technology 539.95 11,005.17 992.80 12,537.92 506 Office Stores Fund 1,699.67 365.83 2,065.50 510 Liability/Risk Mgt - - 511 Workers' Comp - - 701 Traffic Safety - - 702 Highway 9 Safety - - 704 565,451.63 13,000.00 14,412.61 592,864.24 706 Sidewalk Annual Project - - 708 151,028.20 151,028.20 716 Highway 9/Oak Pedestrain - - 720 KSAR/CATV Agency Fund - - 724 Village Newsrack Enclosures 1,848.71 1,848.71 726 2 Solar Radar Feedbacks 11,450.31 570.00 12,020.31 727 El Quito Area Curb Replacement 7,863.61 7,863.61 731 Storm Drain Upgrades 11,313.60 11,313.60 732 Median Landscape/Irrigation - - 734 Civic Center Landscape 2,259.00 2,259.00 735 Village Lights (Zone 7A)- - 736 Village Trees Lighting 4,965.00 2,990.00 7,955.00 738 Cox Ave Railroad Crossing - - 739 Prospect Road Medians 4,380.80 24.80 4,405.60 744 Village Sidewalk, Curb/Gutter 27,816.86 2,959.66 30,776.52 746 Saratoga-Sunnyvale Gateway - - 747 - - 748 El Ca Grante/Monta Vista - - 749 Sara-Sun Gateway Sidewalk 1,541.07 1,541.07 752 - - 755 Warner Hutton House Improv.- - 762 North Campus/19848 Prospect 1,231.95 4,462.33 5,694.28 766 Historical Park Fire Alarm - - 780 - - 783 1,263.69 736.57 2,000.26 785 859.41 859.41 789 2,441.96 461.20 2,903.16 790 20,425.50 20,425.50 791 8,622.53 8,622.53 792 Alternative Soccer Field 4,490.08 4,490.08 793 14,170.00 14,170.00 795 - 796 7,758.36 7,758.36 Document Imaging Project Annual Street Resurfacing Saratoga Sunnyvale PH 2 Sara-Sun ADA Curb Ramps Trail Segment #3 Repair Beauchamp Park Fund Parks/Trails Repair Wildwood Park - Wtr/Seat Kevin Moran Teerlink Ranch Trail Repair Carnelian Glen Footbridge UPRR/De Anza Trail Citywide Tree Replanting Fund Description C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report21 797 San Marcos OP Space Trail 1,669.21 1,669.21 741,635.56 366,429.98 471,433.28 1,579,498.82 - - - - ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Check Registers in the A/P Checks By Period and Year report format TOTAL C:\DOCUME~1\cboyer\LOCALS~1\Temp\Staff Report22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Request for Funds - 6th Annual Mustard Walk RECOMMENDED ACTION: Accept report and adopt budget resolution. REPORT SUMMARY: The 6th Annual Mustard Walk is scheduled for Sunday, February 10, 2008. At the December 19, 2007 City Council meeting Norman Koepernik, Chair of the Heritage Preservation Commission, requested a monetary contribution of $1,000. Chair Koepernik explained that these funds will be used to cover costs to update the two banners. The updates include changing the name from Mustard Walk to Mustard Faire and changing the date of the event. Last year the City made a monetary contribution of $2,850, funded out of the Council Contingency, towards the event. Also on May 16, 2007 the City Council allocated a one time community grant fund of $2,000 towards this event. FISCAL IMPACTS: After allowing for all previous commitments made by the Council, the current available balance of the Council Contingency Account is $45,000. If the Council were to approve this request for funds the available balance would be reduced to $44,000. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: Direct the Commission to find a sponsor to cover the cost of the banner alteration. FOLLOW UP ACTION: N/A ADVERTISING, NOTICING AND PUBLIC CONTACT: 45 Posting of the agenda. ATTACHMENTS: Attachment A – Resolution 46 RESOLUTION NO. 08- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPROVING BUDGET ADJUSTMENT TO THE 2007-08 BUDGET AND AUTHORIZING THE EXPENDITURE OF $1,000 FOR THE 6th ANNUAL MUSTARD WALK TO BE FUNDED BY A REDUCTION IN THE CITY COUNCIL CONTINGENCY BUDGET OF $1,000 WHEREAS, the City Council acknowledges that the Mustard Walk has become an important event in the City of Saratoga that teaches the community about the City’s history and also brings the community together at the Heritage Orchard and Warner Hutton House; and WHEREAS, it is the Council’s desire to grant the Mustard Walk Committee’s request to make a monetary contribution of $1,000 towards the event from the Council’s Contingency account. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby authorizes the appropriation of $1,000 to be used by the Mustard Walk Committee for the 6th Annual Mustard Walk. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of January 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: ____________________________ Cathleen Boyer, City Clerk 47 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2007 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Associate Engineer Public Works Director SUBJECT: Summary Vacation of Easement for Light and Air at 14875 Baranga Lane RECOMMENDED ACTION: Move to adopt the resolution vacating the easement for light and air on Lot 2 of Tract 1206. REPORT SUMMARY: The City has been requested by the owners of 14875 Baranga Lane to vacate an easement on their property for light and air located between the lines of Baranga Lane and the lines designated “building line” or “B/L”. The easement was offered for dedication to the public via the subdivision map for Tract No. 1206 recorded on September 23, 1953. Staff has reviewed the request and has determined that the criteria for summary vacation are satisfied and that the Council can act on the request by adopting the attached resolution. The resolution sets forth the findings for causing a summary abandonment of the Light and Air Easement. Additionally, Community Development staff reviewed the application and found it to be in compliance with applicable Zoning Ordinance regulations for lot size and dimensions. Three similar easements affecting lots 3, 5, and 7 in the subdivision have previously been abandoned by the City. The first abandonment of the easement on lot 5 occurred in 1959, the second abandonment on lot 7 occurred in 1985 and the third abandonment on lo t 3 occurred in 1992. All other easements identified, described or delineated on the Tract Map for Tract 1206 are not vacated by the City at this time. It is therefore recommended that City Council adopt the attached resolution vacating the easement. FISCAL IMPACTS: The property owners requesting abandonment of the easement have fully reimbursed the City for all costs associated with the processing of the request. Page 1 of 2 48 Page 2 of 2 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The easement would not be abandoned. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The resolution will be recorded. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing in addition to the notification of the effected property owners. ATTACHMENTS: 1. Resolution vacating the easement for light and air on Lot 2 of Tract 1206. 2. Tract Map No. 1206 49 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City Clerk City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 RESOLUTION NO._____ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA VACATING A DEDICATED EASEMENT FOR LIGHT AND AIR WHEREAS, application has been made to City on behalf of the owner of property generally known as 14875 Baranga Lane (APN 397-18-039) for summary vacation of easement for light and air under, on and over that certain strip of land lying between the lines of Baranga Lane and the lines designated “building line” or “B/L” as shown on Lot 2 of that Final Map for Tract No. 1206 recorded and filed in Book 46 of Maps, Page 8 in the Office of the County Recorder of the County of Santa Clara, State of California, on September 23, 1953 (hereinafter referred to as “Final Map”); and WHEREAS, California Government Code Section 66477.2 provides that offers of dedication of any streets, paths, alleys, public utility easements, and similar items, which directly benefit the residents of a subdivision, may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of the Streets and Highways Code; and WHEREAS, Streets and Highways Code Section 8330, et seq. authorizes summary vacation of a street or highway if certain criteria are met; and WHEREAS, the City has determined that the easement for light and air under, on and over that certain strip of land lying between the lines of Baranga Lane and the lines designated “building line” or “B/L” as shown on Lot 2 of that Final Map for Tract No. 1206 has not been continuously used as an easement for air and light for the five consecutive years immediately preceding the date of this resolution. NOW, THEREFORE, be it resolved by the City Council of the City of Saratoga as follows: 1. The easement for light and air under, on and over that certain strip of land lying between the lines of Baranga Lane and the lines designated “building line” or “B/L” as shown on Lot 2 of that Final Map for Tract No. 1206 recorded and filed in Book 46 of Maps, Page 8 in the Office of the County Recorder of the County of Santa Clara, State of California, on September 23, 1953 is hereby vacated pursuant to the Chapter 4 of Part 3 of Division 9 of the California Streets and Highway Code; and 2. The fact under which the summary vacation is made are that the easement has not been continuously used as an easement for air and light for the five consecutive years immediately preceding the date of this resolution; and 50 3. From and after the date that this resolution is recorded, said easement for light and air shall no longer constitute an easement for light and air on said lot; and 4. All other easements identified, described and delineated on the Final Map are not vacated by the City at this time. Passed and adopted by on the 16 day of January, 2008 by the CITY COUNCIL OF THE CITY OF SARATOGA by the following vote of the members thereof: AYES: NOES: ABSENT: ABSTAIN: ______________________ Ann Waltonsmith, Mayor City of Saratoga Attest: _______________________ Cathleen Boyer, City Clerk 51 52 53 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: ______ ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: John Cherbone DEPT HEAD: John Cherbone SUBJECT: Approval of Sport User Agreements ______________________________________________________________________________ RECOMMENDED ACTION(S): Approve Sport User Agreements with American Youth Soccer Organization, Saratoga Little League, Quito Little League, De Anza Youth Soccer League, West Valley Lacrosse Club, West Valley Youth Soccer League, and Saratoga Pony League for the use of Saratoga City parks and Prospect High School for organized sport use and authorize the City Manager to execute the same. REPORT SUMMARY: Currently the City has executed user agreements with six organized youth sport groups American Youth Soccer Organization (AYSO), Saratoga Little League (SLL), Quito Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Lacrosse Club (WVLC), and Saratoga Pony League (SPL). This year we propose to increase the number of sport user groups to include West Valley Youth Soccer League (WVYSL) whose league boundaries include Saratoga. The following is a summary of the user agreements the City manages: Sport User Use Location Agreement Expiration AYSO Kevin Moran Park 12/31/07 Congress Springs Park 12/31/07 Prospect High School 12/31/07 West Valley College 12/31/08 DYSL El Quito Park 12/31/07 Prospect High School 12/31/07 West Valley College 12/31/08 SLL Congress Springs Park 12/31/07 QLL El Quito Park 12/31/07 WVLC Prospect High School 12/31/07 54 SPL Congress Springs Park 12/31/07 WVYSL Prospect High School New Agreement User agreements are necessary to manage sport use in the City by scheduling activities, controlling impacts to City parks, and recovering maintenance costs. The maintenance fees charged to the sports user groups whom use City Parks are based on additional park maintenance required above the normal maintenance practices that would be normally be employed absent the impacts of a particular sport being played. For example, maintenance activities include, but are not limited to additional mowing, watering, fertilizing, seeding, aeration, clean-up, and pre and post field preparation. In addition, baseball and soccer each have different needs and place different demands on a park’s infrastructure, thus they have different maintenance fees. Each year this fee has the ability to go up or down based on the actual maintenance costs during the use period. Some fees charged this year were adjusted to keep pace with increases in costs. The facility use agreements between the City and Campbell Union High School District (Prospect High School) and the City and West Valley College stipulate a payment for hourly usage of their fields. The hourly rate of $35 is a pass through via the youth sports groups whom the City has user agreements with. The West Valley College user agreements do not expire until the end of 2008. As indicated in the above summary, the agreements for West Valley College do not expire until the end of 2008. FISCAL IMPACTS: Approximately $74,640 in annual expense and revenue (this figure does not include West Valley College). CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The User Agreements would not be approved and another mechanism for the use of City parks and outside venues by sport users would need to be developed. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The Use r Agreements will be executed. 2 of 3 55 3 of 3 ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: 1. Use Agreements. 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Resolution Ordering the Abatement of a Public Nuisance by Removal of Hazardous Vegetation RECOMMENDED ACTION: Conduct public hearing and adopt resolution. REPORT SUMMARY: The attached resolution represents the second step in Saratoga’s Hazardous Vegetation Abatement Program administered by the Office of the Agricultural Commissioner. The Commissioner has sent owners of the parcels requiring weed abatement three notices informing them that the weeds must be abated, either by the owners or by the County. The notices also informed them that they may present objections at the public hearing. A representative from the Office of the Agricultural Commissioner will be attending the meeting to answer any questions Councilmembers may have on this topic. FISCAL IMPACTS: None to the City. County recovers its costs from administrative portion of fee charged to property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Abatement process by the County will not proceed. It would be necessary to depend upon the property owners to take care of their own abatement. ALTERNATIVE ACTION: None FOLLOW UP ACTION: Upon adoption, the County will begin abatement. 163 ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Resolution 164 RESOLUTION NO. 08- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION WHEREAS, the Saratoga City Council has declared hazardous vegetation growing on certain properties to be a public nuisance by Resolution No. 07-074 adopted December 5, 2007; and WHEREAS, the Office of the Agricultural Commissioner did give three notices to all property owners of land on which hazardous vegetation which have been declared a public nuisance are growing; and WHEREAS, a public hearing on said notice was held on January 16, 2008; and WHEREAS, final action on any protests or objections to the proposed removal of weeds has been made by the City Council. NOW, THEREFORE, IT IS ORDERED that the Office of the Agricultural Commissioner shall cause the abatement of hazardous vegetation as designated by resolution dated December 5, 2007, by having said weeds destroyed or removed, and any property owner shall have the right to destroy or remove such weeds himself or herself, or have the same destroyed or removed at his or her own expense, provided that such vegetation shall have been removed prior to the arrival of the Office of the Agricultural Commissioner or his authorized representative to remove them. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 16th day of January 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ann Waltonsmith, Mayor ATTEST: Cathleen Boyer, City Clerk 165 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: John Cherbone SUBJECT: Delegation to City Manager of Authority to Award Contracts Pursuant to Informal Bidding Under Article 12-15 of the Saratoga Municipal Code. RECOMMENDED ACTION: Approve the attached resolution authorizing the City Manager to approve and execute contracts for public works projects bid pursuant to the City’s informal bidding procedures and the State of California’s Public Contract Code. REPORT SUMMARY: At the Council meeting of December 5, 2007, the City Council requested that staff explore ways to expedite the public contract process for projects that have been approved by Council and for which funds are available. The State Public Contract Code provides expedited bidding procedures for small public works contracts in jurisdictions that have adopted specified bidding and accounting procedures as determined by the California Uniform Construction Cost Accounting Commission. Saratoga is eligible to use the expedited procedures because the City Council in 1991adopted the relevant procedures through Article 12-15 of the City Code. Article 12-15 provides, in section 12-15.060(b) that: “The City Council may, by resolution, delegate to the City Manager or the Maintenance Director or other designated employee of the City the authority to award any particular contract for which informal bids will be obtained pursuant to this Article.” The attached resolution would implement this provision of the Code by delegating to the City Manager approval authority for contracts awarded through the informal bidding process. This would allow staff to process contracts for smaller projects on an expedited basis. Article 12-15 sets forth a variety of safeguards to ensure that even for smaller projects the City will obtain competitive prices. The maximum amount of any contract awarded pursuant to this section is capped by state law at $125,000. FISCAL IMPACTS: No fiscal impacts. The City Manager could approve only those contracts for which there is existing budget authority. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Page 1 of 3 166 Staff would continue to bring minor contracts to City Council. This would delay implementation of these projects due to Council meeting schedules and staff time required for staff reports. FOLLOW UP ACTION: Staff will implement the resolution. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice for this meeting. ATTACHMENTS: Attachment A – Resolution Page 2 of 3 167 Page 3 of 3 ATTACHMENT – A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA WHEREAS, the City of Saratoga has adopted, in Article 12-15 of the Saratoga Municipal Code, an informal bidding ordinance pursuant to Article 3 of Chapter 2, Part 3, Division 2 (commencing with Section 22030) of the State Public Contract Code; and WHEREAS, Article 12-15 provides that the City Council may by resolution, delegate to the City Manager the authority to award any particular contract for which informal bids will be obtained pursuant to Article 12-15; and WHEREAS, the City Council wishes to take full advantage of the efficiencies awarded by the process contemplated by Article 12-15 by delegating contract approval authority to the City Manager. NOW, THEREFORE, BE IT RESOLVED, pursuant to the authority granted by section 12- 15.060(b) of the Saratoga Municipal Code and notwithstanding any other purchasing procedures, that the City Council of the City of Saratoga hereby delegates to the City Manager the authority to award any particular contract for which informal bids will be obtained pursuant to Article 12-15. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 16th day of January, 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ A n n W a l t o n s m i t h , M a y o r ATTEST: _____________________________ Cathleen Boyer, City Clerk 168 SARATOGA CITY COUNCIL MEETING DATE: January 16, 2008 AGENDA ITEM: DEPARTMENT: City Manger’s Office CITY MANAGER: Dave Anderson PREPARED BY: Cathleen Boyer, City Clerk DIRECTOR: Dave Anderson SUBJECT: Request to Augment the Countywide Household Hazardous Waste Collection Program RECOMMENDED ACTION: Accept report and adopt budget resolution augmenting the Household Hazardous Waste Program for the remainder of FY 07-08. REPORT SUMMARY: On June 6, 2007, the City Council approved the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program for FY 2007-2008 that included an appropriation of $10,000 (Attachment A). The FY 07-08 appropriation was reduced significantly from prior years. In FY 03-04, $50,000 was budgeted, in FY 04-05 $40,000 was budgeted. On May 4, 2005, due to citywide budget constraints, Council did not approve any funding to this program for FY 05-06. The County subsequently requested that the City provide $20,000 in order for residents to use the County drop-off facility for the remainder of that fiscal year (Attachment B). FY 06-07 budget provides $25,000. At the time when the Agency Agreement for FY 07-08 was brought to Council for approval, staff felt that with the start of the City’s new solid waste contract, which provides a permanent site for some HHW recycling services (Attachment C), the need for City residents to use the County’s HHW program would be reduced significantly. According to West Valley Collection & Recycling (WVC&R) from March 2007-December 2007, 211 Saratoga residents have used their facility. In addition, 373 Saratoga residents have used the County’s HHW drop-off facility. On December 13, 2007, City Staff received an email from Rob D’Arcy, Hazardous Materials Program Manager, indicating that the City’s HHW budget was depleted and the County would not be able to provide any additional service for the reminder of FY 07-08. Mr. D’Arcy requested the Council consider a $25,000 augmentation to the program to fund the remainder of FY 07-08. The HHW Program staff is now referring all Saratoga calls to the City Clerk’s Office. Staff has referred residents to WVC&R. Unfortunately, alternative disposal sites for the following items are not available: latex/oil base paint, pesticides, and other household chemicals. 169 In addition to the public’s need for this service, the City’s National Pollutant Discharge Elimination System (NPDES) Permit, the Pesticide Management Plan (PMP) and Saratoga’s Work Plan for FY 07-08 all indicate the City’s obligation to provide disposal sites to its residents. FISCAL IMPACTS: For the remainder of Fiscal Year 07-08 the cost to the City will be $25,000. Staff is also requesting an additional $15,000 to cover the unfunded portion of the FY 06-County HHW program invoice which was received in FY 2007/08. There are sufficient funds in the Environmental Services Fund unallocated balance to fund this program. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City will not be providing County HHW Program services for the residents for the reminder of the FY 05-06. ALTERNATIVE ACTION: None in addition to the above. FOLLOW UP ACTION: If Council elects to augment the program, a certified copy of the resolution would be sent to Rob Darcy, Household Hazardous Waste Program, Santa Clara Count Department of Environmental Health. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: Attachment A – Staff report dated June 6, 2007 Attachment B – Budget Resolution dated March 1, 2006 Attachment C – WVC&R HHW Program Description Attachment D – Budget resolution for FY 07-08 augmentation 170 171 172 173 174 175 176 177