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HomeMy WebLinkAbout12-01-1999 City Council Agendafile:///E|/ag1999/ag1201.htm AGENDA SARATOGA CITY COUNCIL TIME: Wednesday, December 1, 1999 -6:00 p.m. PLACE: Closed Session -Administrative Conference Room, 13777 Fruitvale Avenue; Regular Meeting -Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION -6:00 p.m. in the Administrative Conference Room ADJOURN TO CLOSED SESSION 1. CLOSED SESSION A. Conference with Legal Counsel -Existing Litigation pursuant to Government Code section 54956.9(a) -Name of Cases: Santa Clara County Superior Court No. CIV 756-340; City of Saratoga v. TCI of Cleveland, Santa Clara County Superior Court; City of Saratoga v. Santa Clara County (TEA Prop. Tax Issue); City of Saratoga v. Hinz, Santa Clara Superior Court No. CV 784560 MAYOR'S REPORT ON CLOSED SESSION REGULAR MEETING/CALL TO ORDER -7:00 p.m. in the Civic Theater, 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE -Cub Scout Troop 566 ROLL CALL 2. CEREMONIAL ITEMS A. Council Reorganization Recommendation: 1. City Manager declares the office of the Mayor vacan?t and asks for nominations; when all nominations have been received, a vote is called; 2. City Manager administers the oath of office to the new Mayor; 3. Remarks by new Mayor; 4. file:///E|/ag1999/ag1201.htm (1 of 5) [6/30/2008 3:57:16 PM] file:///E|/ag1999/ag1201.htm Mayor declares the office of Vice Mayor vacant and asks for nominations; when all nominations have been received, a vote is called; 5. Mayor administers oath of office to new Vice Mayor 6. Remarks by new Vice Mayor. B. Appointments to the Parks and Recreation Commission Recommendation: Adopt the resolution appointing Nick Seroff, Norbert Fronczak, Sandra Dodge, and re-appointing Elaine Clabeaux to the Commission; direct City Clerk to administer their oaths of office. C. Appointments to the Finance Commission Recommendation: Adopt the resolution appointing Sam Ochi, and re-appointing Al Roten, Charles Swan and Ernest Brookfield to the Commission; direct City Clerk to administer their oaths of office. REPORT OF CITY CLERK ON POSTING OF AGENDA -Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 24, 1999. 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. 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 any such matters. However, the Council may instruct staff accordingly regarding Oral Communications under Agenda Item No. 8. B. Communications from Boards and Commissions -None C. Written Communications -None 4. CONSENT CALENDAR The consent calendar contains routine items of business separated into three sections. Items for each section will be acted upon in one motion unless they are removed from the Consent Calendar for discussion. Previously discussed items in Section A have already been considered by the City Council at a prior public hearing, which was eventually closed. Those items are not subject to further public discussion at this meeting because the vote taken at the previous meeting was final. Resolutions in Section A are for the purpose of memorializing the decision to assure the accuracy of the findings, the prior vote, and any conditions imposed. New items in Section B do not require a presentation from staff unless the Council removes them for discussion, at which time staff may provide additional information if requested. Claims against the City identified in Section C will be presented by staff prior to the Council's vote. A. Previously Discussed Items -None file:///E|/ag1999/ag1201.htm (2 of 5) [6/30/2008 3:57:16 PM] file:///E|/ag1999/ag1201.htm B. New Items 1. Planning Commission Actions, November 23, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. 3. Memo authorizing publicity for December 15 Public Hearing items: Azule Crossing Inc. appeal by the City Council Recommendation: Accept staff's recommendation. 4. Monthly Financial and Treasurer's Report for October 1999 Recommendation: Accept the reports. C. Claims Against the City -None 5. PUBLIC HEARINGS -7:30 p.m. If you challenge a decision of the City Council pursuant to a public hearing in court, you may be limited to raising only those issues you or someone else raised at the public hearing(s), described in this agenda, or in written correspondence delivered to the Saratoga City Council at, or prior to, the public hearing. A. Resolution ordering abatement of a public nuisance by removal of hazardous weeds. Recommendation: Adopt resolution. B. Appeal of a Planning Commission decision, UP 99-014, a utility pole in the state owned rightof-way at the northeast corner of Fruitvale Avenue and Highway 9; Appellant: Kenneth Cheng; Applicant: Cellular One Recommendation: Continue the appeal to January 5, 2000, per the appellant's request. 6. OLD BUSINESS A. Memo from Community Development Director regarding City's response to Mt. Winery Draft EIR. Recommendation: Review staff's response and receive public comments. 7. NEW BUSINESS A. Resolution of the City Council of the City of Saratoga appointing a corporation representative for the Small Claims Division of the Municipal Court. Recommendation: Adopt resolution. B. ALTRANS Contract renewal. Recommendation: 1. Approve the attached agreement with the Santa Clara Valley Transportation Authority (VTA) in order to receive the $329,390 grant that was allocated to the 1999-00 ALTRANS College/K-12 Schools Trip Reduction Program. 2. file:///E|/ag1999/ag1201.htm (3 of 5) [6/30/2008 3:57:16 PM] file:///E|/ag1999/ag1201.htm Approve the attached agreement between the City and ALTRANS whose services have been retained by the City to assist in the implementation of the trip reduction project. C. NPDES Permit Renewal Recommendation: 1. It is recommended that the City Council authorize the City Manager to sign the revised Memorandum of Agreement (MOA) providing for the implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Program) on behalf of the City. Approval of this MOA would continue the City's participation in the Program, formerly the Santa Clara Valley Nonpoint Source Pollution Control Program, for the purpose of complying with the City's separate municipal storm sewer system Nation Pollution Discharge Elimination System (NPDES) permit requirements, pursuant to the federal Clean Water Act. 2. It is recommended that the City Council approve the resolution to reapply for reissuance of the City's storm water NPDES permit. 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. 9. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no longer needed.) A. Regular meeting of November 17, 1999 B. Adjourned Regular Meeting of November 23, 1999 10. CITY COUNCIL ITEMS A. Agenda items for the next adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the adjourned regular meeting of December 7, 1999. 1. Meeting with Assemblyman Jim Cunneen at 9:00 a.m. in the Administrative Conference Room, 13777 Fruitvale Avenue to discuss matters of mutual interest. 2. Meeting at 7:00 p.m. in the Adult Care Center, 19655 Allendale Avenue to discuss the following: 1. Review of arguments in support of or in opposition to Library (General Obligation) bond measure. 2. Review of Council Master Meeting Calendar for 2000 3. Award of Construction Contract for Civic Theater HVAC upgrades 4. Presentation by local artist Heather Donaldson on proposed water sculpture for Civic Center courtyard file:///E|/ag1999/ag1201.htm (4 of 5) [6/30/2008 3:57:16 PM] file:///E|/ag1999/ag1201.htm 5. Proposed policy regarding requests for appeal continuances 6. Report on Y2K preparedness efforts 7. Status report on Saratoga Creek litigation settlement activities B. Other 1. Discussion on anticipated environmental impacts to California Grey Whale breeding grounds in Baja, Mexico resulting from proposed salt harvesting operation by Mitsubishi Corporation. (Requested by Councilmember Ann Waltonsmith) 11. CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act, 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] file:///E|/ag1999/ag1201.htm (5 of 5) [6/30/2008 3:57:16 PM]