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HomeMy WebLinkAbout09-03-2008 City Council Agenda Packet_RevisedAGENDA REGULAR MEETING SARATOGA CITY COUNCIL Wednesday, September 3, 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 August 29, 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 & Com?missions. ANNOUNCEMENTS CEREMONIAL ITEMS SPECIAL PRESENTATIONS 1. Santa Clara County Fire Department -60th Anniversary Presentation Recommended action: Accept presentation. 1 2 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. 2. City Council Minutes -August 6, 2008 Recommended action: Approve minutes. 3. Study Session Minutes -August 25, 2008 Recommended action: Approve minutes. 4. Treasurer's Report for the Month Ended by May 31, 2008 Recommended action: The City Council review and accept the Treasurer's Report for the month ended May 31, 2008. 5. Review of Accounts Payable Check Registers. Recommended action: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: July 31, 2008 August 07, 2008 August 14, 2008 August 21, 2008 6. Revised Fiscal Year 2008/09 Gann Appropriation Limit Recommended action: Adopt resolution approving the revised Gann Appropriation Limit for FY 2008/09 7. Approve a one-year Contract Extension for Tree Maintenance Services with Valley Crest Tree Care Services Recommended action: Approve a one-year Contract Extension with Valley Crest Tree Care Services and authorize the City Manager to execute the same. 8. Approve a one-year Contract Extension for Landscape Maintenance Services with Gachina Landscape Management Recommended action: Approve a one-year Contract Extension with Gachina Lanscape Management and authorize the City Manager to execute the same. 9. Award Construction Contract for Kevin Moran Park Improvement Project to B&B Landscape Contractors, Inc. and Approve Contract Amendment with MPA Design Recommended action: 1. Approve attached budget resolution. 2 3 2. Move to declare B & B Landscape Contractors, Inc. to be the lowest responsible bidder on the project. 3. Move to award a construction contract for Kevin Moran Park Improvement Project to B & B Landscape Contractors, Inc. in the amount of $1,312,006.90 and authorize the City Manager to execute the same. Authorize staff to execute change orders to the construction contract in the amount of $11,717.82. 4. Amend contract with MPA Design for bid support and construction observations in the amount of $25,000. 10. KSAR Contract Amendment Recommended action: Accept report and approve KSAR contract amendment. 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 11. Resolution Declaring Hazardous Vegetation on Specified Properties to be a Public Nuisance Recommended action: Open public hearing; listen to public testimony; and close public hearing. Adopt resolution declaring hazardous vegetation on specified properties to be a public nuisance. 12. City Initiated Zoning Map Amendment for 20500 Lomita Avenue, 20568 Lomita Avenue, and 20550 Lomita Avenue. Recommended action: Open and conduct the public hearing, introduce the ordinance amending the zoning designation for three (3) parcels, waive the first reading, and schedule the item for a second reading and adoption on consent calendar. 13. Ordinance Establishing Various Standards for State Video Franchisees Operating in Saratoga Including a fee to Support Public, Educational and Governmental Programming in Saratoga Recommended action: Conduct public hearing regarding standards and fees for State Video Franchisees operating in Saratoga and introduce and waive first reading of ordinance regarding and direct staff to place ordinance on consent calendar for final adoption. 14. APCC08-0003 – Appeal of a Decision by the Planning Commission Granting Approval of a Mitigated Negative Declaration, a Design Review Application, and a Modification to a Conditional Use Permit with a Variation from Standards for the Proposed Construction of a New 3,994 Square Foot Church Building on the Approximately 3.1 Acre Project Site Located at 18870 Allendale Avenue. 3 4 Recommended action: Staff recommends the City Council open the public hearing on this item, accept public comments, close the public hearing, and continue the item to the meeting of September 17, 2008. OLD BUSINESS NEW BUSINESS 15. Saratoga Sport User Groups – Use of Reusable Water Bottles Recommended action: Accept report and provide direction to staff 16. Consolidating Allocation of Community Grants Program Recommended action: Accept report and determine if FY 2007/08 carry forward funding for community grants should be consolidated for allocation in March. 17. Feasibility of After School “Drop-In Recreation” Programming Recommended action: Accept report and provide direction to staff. 18. Approval to Apply for Citizen Engagement Grant Recommended action: Accept report and direct staff to apply for a “Citizen Engagement Grant” through Common Sense California to undertake a visioning process for the Downtown Village, through the Village Economic Development City Council-Planning Commission Advisory Committee. 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 Managers Association Sister City Liaison Council Finance Committee Highway 9 Safety AdHoc TEA AdHoc Vice Mayor Chuck Page Chamber of Commerce Hakone Executive Board West Valley Sanitation District Council Finance Committee Village AdHoc Valley Transportation Authority PAC 4 5 Councilmember Kathleen King Peninsula Division, League of California Cities Santa Clara County Cities Association City School AdHoc TEA AdHoc Councilmember Jill Hunter Historic Foundation KSAR Library Joint Powers Association Santa Clara County Valley Water Commission Village AdHoc West Valley Solid Waste Joint Powers Association 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 Airport Land Use Committee 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 Village Economic Development Committee by City staff in connection with this agenda are available at the office of the Community Development Department Director at 13777 Fruitvale Avenue, Saratoga, CA 95070. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the Director at the time they are distributed to the Community Development Department. In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) Certificate of Posting of Agenda: I, Ann Sullivan, Acting 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 August 29, 2008, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City’s website at www.saratoga.ca.us Signed this 29th day of August 2008 at Saratoga, California. Ann Sullivan, CMC Acting City Clerk 5 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 9/17 Regular Meeting – Joint Meeting with Saratoga Union Elementary School District 10/1 Regular Meeting – Joint Meeting with West Valley Board of Trustees 10/15 Regular Meeting – Joint Meeting with Los Gatos-Saratoga Union High School District 11/5 Regular Meeting –Joint Meeting with the Saratoga Ministerial Association 11/19 Regular Meeting – Joint Meeting with Mountain Winery 12/3 Regular Meeting – Reorganization 12/17 Regular Meeting – Traffic Safety Commission 1/07/09 Regular Meeting – Joint Meeting with Montalvo Arts 6 6 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: Presentation on Santa Clara County Fire Department’s 60th Anniversary RECOMMENDED ACTION: Informational only. REPORT SUMMARY: Santa Clara County Fire Department (SCCFD) Chief Ken Waldvogel will present the Council with a 60th Anniversary Book depicting the rich history of regional fire protection in the Western portions of Santa Clara County. SCCFD serves more than 226,000 residents and 100 square miles of territory within the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, Saratoga, and adjacent unincorporated areas. The SCCFD staff views the City of Saratoga and all of the communities they serve as partners with them and wish to present a personalized copy of the 60th Anniversary book to the City. 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 agenda. 7 ATTACHMENTS: None 8 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Minutes – August 6, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting – August 6, 2008 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 August 6, 2008 9 MINUTES SARATOGA CITY COUNCIL AUGUST 6, 2008 OPEN SESSION – 6:00 P.M. ADMINISTRATIVE CONFERENCE ROOM, 13777 FRUITVALE AVENUE. The City Council held a Joint Meeting with the Hakone Foundation at 6:00 P.M. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00P.M. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Aileen Kao, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: Councilmembers Jill Hunter and Kathleen King ALSO Barbara Powell, Acting City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Michael Taylor: Recreation Director Crystal Morrow, Administrative Analyst II REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 6, 2008 was properly posted on August 1, 2008. COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Kathy Forte addressed the Council regarding the Redwood Trees at the Gatehouse. She noted trees were being removed at the Gatehouse without a tree removal permit. She stated she brought this concern to the attention of City Arborist Kate Bear and the Gatehouse Homeowners Association as well. She is concerned about the welfare of the trees and would like assistance from the City. Don Bowden addressed the Council regarding the construction project on Ronnie Way. He stated the concern of the neighborhood is that a carport is being constructed and that he and his neighbors would like this issue agendized for discussion on the next Council agenda as carports should not be permitted on Ronnie Way. Bob Wallace spoke about the retaining wall on Comer Avenue and stated the City should not be spending $200,000 on repairing this wall and that it can be done for about $200.00. 10 2 Mimi Mather noted her concerns regarding the Ronnie Way carport construction and stated the neighbors are in the process of circulating a petition and collecting signatures supporting their concern and objection to carports on Ronnie Way. In addition, she also asked that this item be agendized for discussion so the residents can be heard properly. Paul Hernandez addressed the Council regarding his permit application to put a sign up on Saratoga Lodge. He stated he was shocked at the cost of the fee, which was $2100 and that he would have to hire an architect to assist with the style of the sign, etc. He noted that there has been a change in staff in the planning department since his initial contact with the City and the new staff is now telling him there will be another fee of $2500 plus a $2700 variance fee. He has asked for a refund of his application fee and was told he could not get a refund and is now asking Council to look into this. Linda Mighdoll addressed the Council regarding the carport concern concern on Ronnie Way and asked Council to agendize this for discussion in an open forum. Council Direction to Staff Council directed staff to: o Follow up with City Arborist Kate Bear regarding the tree removal concern at the Gatehouse; o Council directed Public Works Director John Cherbone to contact Bob Wallace regarding repair work on the Comer Avenue retaining wall; o Vice Mayor Page asked staff to provide background information on the carport issue; and o Council asked staff to provide them information regarding sign fee application refunds. Communications from Boards and Commissions AT & T representative Leon Beauchman presented Council with a Light Speed Medallion to show their appreciation to the Council and staff for their assistance in allowing AT & T to upgrade the cable/Internet service in Saratoga. Hakone Executive Director Lon Saavedra addressed the Council regarding the Joint Meeting held at 6:00PM in the Administrative Conference Room. Mr. Saavedra thanked the Council for the successful year they have had – especially regarding the infrastructure concerns. He then introduced Dr. Masato Matsua, the new Board Chair. Dr. Matsua thanked the Council for their continued support of Hakone Gardens. Director Saavedra concluded his report by announcing the 85th Anniversary of Puccini’s “Madame Butterfly” performance on September 5th; and on October 8th Hakone will be hosting an Italian Festival and welcomed everyone to attend the festivities. ANNOUNCEMENTS None CEREMONIAL ITEMS None 11 3 SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. City Council Minutes -August 4, 2004 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Page requested this item be removed from the Consent Calendar. Vice Mayor Page stated he had submitted a correction to the City Clerk prior to the meeting. PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF AUGUST 4, 2004 AS AMENDED. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 2. City Council Minutes -November 17, 2004 STAFF RECOMMENDATION: Approve minutes. PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF NOVEMBER 17, 2004. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 3. City Council Minutes -May 2, 2007 STAFF RECOMMENDATION: Approve minutes. PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 2, 2007. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 4. City Council Minutes -August 1, 2007 STAFF RECOMMENDATION: Approve minutes. PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF AUGUST 1, 2007. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 5. City Council Minutes -October 17, 2007 STAFF RECOMMENDATION: Approve minutes. 12 4 PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF OCTOBER 17, 2007. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 6. City Council Minutes -July 16, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 16, 2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 7. CIP Study Session Minutes – July 19, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 19, 2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 8. Treasurer’s Report for the Month Ended April 30, 2008 STAFF RECOMMENDATION: Review and accept Treasurer’s Report for the Month Ended April 30, 2008. PAGE/KAO MOVED TO ACCEPT TREASURER’S REPORT FOR THE MONTH ENDED APRIL 30, 2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 9. Review of Accounts Payable Check Registers STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: July 10, 2008 July 17, 2008 July 24, 2008 PAGE/KAO MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES JULY 10, 2008, JULY 17, 2008 AND JULY 24, 2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 10. Acceptance of $3,400 Grant from Saratoga Rotary for North Campus Improvements STAFF RECOMMENDATION: Adopt a resolution and approve a budget amendment to accept a $3,400 grant from the Saratoga Rotary Club for North Campus improvements. RESOLUTION NO. 08-052 13 5 PAGE/KAO MOVED TO ADOPT A RESOLUTION AND APPROVE A BUDGET AMENDMENT TO ACCEPT A $3,400 GRANT FROM THE SARATOGA ROTARY CLUB FOR NORTH CAMPUS IMPROVEMENTS. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 11. Subdivision Improvement Agreement Extension STAFF RECOMMENDATION: 1. Approve Amendment to the Subdivision Improvement Agreement between Warren A. Sturla and the City of Saratoga. 2. Authorize the City Manager to execute the Subdivision Improvement Agreement Amendment. PAGE/KAO MOVED TO 1.) APPROVE AMENDMENT TO THE SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN WARREN A. STURLA AND THE CITY OF SARATOGA. 2) AUTHORIZE THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT AMENDMENT. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 12. Award of Design Contract for the Village Pedestrian Enhancement Project STAFF RECOMMENDATION: Move to award a professional services contract with Gates and Associates for Design Services in the amount of $99,612 connected to the Village Pedestrian Enhancement Project and authorize the City Manager to execute the same. PAGE/KAO MOVED TO AWARD A PROFESSIONAL SERVICES CONTRACT WITH GATES AND ASSOCIATES FOR DESIGN SERVICES IN THE AMOUNT OF $99, 612 CONNECTED TO THE VILLAGE PEDESTRIAN ENHANCEMENT PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 13. Amendment to Valet Parking Ordinance to Eliminate Annual Review Requirement STAFF RECOMMENDATION: Waive the Second Reading and adopt the Proposed Ordinance Amendment ORDINANCE NO. 260 PAGE/KAO MOVED TO WAIVE THE SECOND READING AND ADOPT THE PROPOSED ORDINANCE AMENDMENT. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 14. Motor Vehicle (MV) Resolution authorizing No Parking or Stopping STAFF RECOMMENDATION: Move to adopt the Motor Vehicle Resolution authorizing “No Parking or Stopping” on Marshall Lane MV RESOLUTION NO. 279 14 6 PAGE/KAO MOVED TO ADOPT THE MOTOR VEHICLE RESOLUTION AUTHORIZING “NO PARKING OR STOPPING” ON MARSHALL LANE. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 15. West Valley College Playfield Vertical Bypass Drainage Project (Sand Channel Improvements) -Notice of Completion STAFF RECOMMENDATION: Move to accept the West Valley College Playfield Vertical Bypass Drainage Project as complete and authorize staff to record the Notice of Completion for the construction contract. PAGE/KAO MOVED TO ACCEPT THE WEST VALLEY COLLEGE PLAYFIELD VERTICAL BYPASS DRAINAGE PROJECT AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. PUBLIC HEARINGS None OLD BUSINESS 16. 2008 Fall Issue of The Saratogan STAFF RECOMMENDATION: Accept report and direct staff accordingly. Administrative Analyst Crystal Morrow presented the staff report and asked if Council had any recommendations. Mayor Waltonsmith invited public comment. No one was present to comment on this item. Council direction to staff regarding articles for the Fall issue of the Saratogan: o Community Block Grants process, i.e., who can apply, how to apply and when o Annual Block Party Events o Community Garage Sale o West Valley Recycling Annual Clean Up o Hakone Gardens – Fall Foliage o Naming of Recreation Building NEW BUSINESS None 15 7 ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith – reported: Hakone Foundation Executive Committee – noted they had just met in a Joint Meeting earlier. Sister City Liaison – noted the Sister City Exchange Students would be arriving the following week and would be formally greeted at City Hall by Councilmember Kao. KSAR – noted that Councilmember Hunter had informed her that a recently hired part time Director for KSAR had suddenly passed away and the Council expressed their sympathy to the family members. Vice Mayor Chuck Page – announced: West Valley Sanitation District – has done some research regarding the sewer clean out system on a specific property in Saratoga that was not completed when the District initially installed these systems. The District is working with the property owner to complete the installation. Councilmember Kathleen King – absent Councilmember Jill Hunter – absent Councilmember Aileen Kao – announced: She was planning to attend the West Valley Solid Waste Joint Powers Association meeting on Thursday, August 7th in place of Councilmember Hunter; however, the meeting has been postponed until Thursday of the following week. (Assistant City Manager Barbara Powell will notify Councilmember Hunter of this change). CITY COUNCIL ITEMS Vice Mayor Page commented about “sustainability” and noted that he and Councilmember King approached several sports user groups to see if they would be amenable to distributing reusable water bottles to their team members as well as the competing team. Many of the user groups welcomed this suggestion and are considering putting this suggestion in the Sports User Agreement. Mayor Waltonsmith supported this idea and suggested Vice Mayor Page notify Administrative Analyst Morrow if this does occur and Morrow could do a Press Release. The Mayor also noted she would then let the Green Leaf Committee know about this wonderful idea. CITY MANAGER’S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 7:40PM. PAGE/KAO MOVED TO ADJOURN THE REGULAR MEETING AT 7:40PM ON AUGUST 6, 2008. MOTION PASSED 3-0-2 WITH COUNCILMEMBERS KING AND HUNTER ABSENT. 16 8 Respectfully submitted, Ann Sullivan, CMC Acting City Clerk 17 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Ann Sullivan, Acting City Clerk DIRECTOR: Dave Anderson SUBJECT: City Council Study Session Minutes – August 25, 2008 RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following: City Council Study Session – August 25, 2008 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 August 25, 2008 18 MINUTES CITY COUNCIL/PLANNING COMMISSION JOINT STUDY SESSION AUGUST 25, 2008 Mayor Waltonsmith called the Joint Study Session meeting to order at 6:30PM. ROLL CALL PRESENT: Councilmembers: Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan, Acting City Clerk John Livingstone, Community Development Director Shweta Bhatt, Associate Planner Kate Bear, City Arborist REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 25, 2008 Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 25, 2008, was properly posted on August 20, 2008. COMMUNICATIONS FROM COMMISSIONS & PUBLIC The following people requested to speak at tonight’s meeting: Priscilla Ho – addressed the Council regarding city meetings pertaining to the Hillside District Fence Ordinance and whether or not the public had received adequate notification pertaining to this issue. ORAL COMMUNICATION and COUNCIL DIRECTION TO STAFF Council presented questions to staff regarding appropriate notification to the public regarding notification of the Fence Ordinance issue. Community Development Director John Livingstone noted staff did provide proper notification to the community by placing numerous meeting and hearing notices in the Saratoga news papers regarding the Hillside District fence meetings, including messages on the City of Saratoga Website. In addition, the Planning Commission has held 8 public meetings on this topic. The Saratoga news and Mercury News has also covered the topic. 19 2 JOINT MEETING AGENDA ITEM: 1. Appeal APCC08-0002 – Appeal of a Design Review Approval by the Planning Commission (Design Review Application PDR07-0016) to Construct a New Twostory Single-family Residence at 20731 Saint Charles Street. Associate Planner Shweta Bhatt presented the staff report noting the City Council heard this item at their Regular meeting on July 16, 2008 and voted to continue the public hearing to allow the applicant, appellants, and staff the opportunity to meet and reach a compromise in order to approve and adopt the Resolution of the City Council of the City of Saratoga affirming the Planning Commission’s approval of Design Review Application PDR07-0016. Associate Planner Shweta Bhatt noted that on July 30, 2008, all three parties met and the appellants provided a list of preferred changes and discussed exterior modifications, such as siding, windows, and shingles. During a second meeting on August 1, 2008, the applicant provided attendees with sketches showing some of the recommended recommended changes from the previous meeting. Further modifications were also discussed and agreed to by all parties; which was confirmed by Appellant Paul Ginouves. Modifications included: • Lowering the foundation pad and finished floor of the home by 1-foot • Lowering the plate height in the living room from 13-feet to 11-feet • Changing the roof plan of the structure to reduce mass • Changing the exterior material from stucco to siding • Adding thicker trim to the top and sides of windows with simulated divided lites • Reducing the height of the highest roof peak The applicant redrew the plans, including a landscaping plan showing the location of proposed screening. The City Arborist re-visited the site and recommended bushes for landscape screening. In addition, the applicant provided a letter describing the changes to the project since the previous hearing. City staff concluded the project was consistent with the design review findings. Mayor Waltonsmith invited public comments. Seeing none, Mayor Waltonsmith closed the public comment. Council discussion began and after some dialog regarding landscaping issues, Councilmember Jill Hunter raised the topic of a letter staff had received on August 19, 2008, pertaining to the St. Charles Street Project, where the author of the unsigned letter requested that the letter be placed in the City Council Agenda packet for this Study Session; the letter was included in the agenda packet. The letter referenced the historical significance of the original existing house on the property of discussion and if this home had gone through the standard Historical Report procedures. Community Development Director John Livingstone stated this particular home did go to the Heritage Preservation Commission for review and it was the Commission’s consensus that this specific property did not meet historic preservation status. Councilmember Hunter requested that the Historical Home Preservation process be agendized on a future Council meeting for further discussion. 20 3 Mayor Waltonsmith noted the Council was scheduled to meet with the Heritage Preservation Commission in a Joint Meeting on Wednesday, September 3, 2008, and this would be a topic of discussion. Mayor Waltonsmith opened the public hearing. Appellant Linda Ringsrud addressed the Council and thanked Councilmember Hunter for bringing up the topic of “historical home preservation”. Mrs. Ringsrud noted her concerns regarding the decision to demolish the original home. In addition, she thanked the Council for the opportunity to meet with the Applicant in scheduled Study Sessions to discuss the project and reach an agreement that was acceptable to both parties. Appellant Paul Ginouves also thanked the Council for the opportunity to meet in scheduled meetings in order to reach an acceptable agreement regarding the proposed home design; however, he stated he felt there were unresolved issues regarding vegetation landscape screening near the retaining wall. Applicant Mohammad Estahbanaty thanked the Council and the neighbors for the opportunity to meet in scheduled meetings to discuss the proposed home design in order to reach an agreement acceptable by all parties. In addition, he voiced concerns regarding drainage issues near the retaining wall if he was required to plant trees versus shrubs/bushes. He stated he had done everything the neighbors had asked him to do regarding the proposed two-story design and felt an agreement could be made regarding the landscape screening concerns. Mayor Waltonsmith invited public comment. Bill Brown addressed the Council by thanking the Council, Community Development Director Livingstone and Associate Planner Bhatt for their efforts in helping the applicant and the neighbors to work together to reach an acceptable design review agreement. In addition, he felt wood siding on the exterior would blend into the neighborhood better than stucco. Mayor Waltonsmith closed the public hearing. Council, applicant and appellants discussed various landscape screening options and asked City Arborist Kate Bear what her recommendations were regarding landscape screening near the retaining wall. City Arborist Kate Bear recommended planting screening shrubs instead of trees because of tree root concerns near a retaining wall and the potential damage to the retaining wall caused by tree roots. City Arborist Bear recommended the applicant plant Photinia fraseri and Buddlera davidii shrubs. Discussion continued regarding the type of shrubs that would be acceptable to both Applicant and Appellants and both parties agreed that they would accept the recommendations provided by City Arborist Kate Bear to plant the recommended shrubs. Council unanimously agreed to accept the landscape recommendations by City Arborist Kate Bear with modifications to Item 18 on the Resolution of Approval of Design 21 4 Review Application PDR07-0016 to plant Photinia fraseri and Buddlera davidii as screening shrubs along the property lines near the retaining wall in lieu of planting trees. RESOLUTION NO. 08-053 PAGE/KAO MOVED TO DENY THE APPEAL, THUS APPROVING THE PROPOSED NEW TWO-STORY RESIDENCE WITH THE PROPOSED EXTERIOR MODIFICATIONS AGREED UPON BY ALL PARTIES AND WITH MODIFICATIONS TO CONDITION NO. 18 ON THE RESOLUTION THAT ALL RECOMMENDATIONS CONTAINED IN THE CITY ARBORIST’S REPORTS DATED FEBRUARY 21, 2008 AND AUGUST 19, 2008 SHALL BE FOLLOWED, PROVIDED THAT THE SHRUBS USED SHALL BE THOSE RECOMMENDED BY THE ARBORIST AND APPROVED BY CITY COUNCIL AT THE PUBLIC HEARING ON AUGUST 25, 2008. THESE SHRUBS ARE PHOTINIA FRASERI AND BUDDLERA DAVIDII. MOTION PASSED 5-0-0. PAGE/KAO MOVED TO ADJOURN THE STUDY SESSION MEETING AT 7:30PM. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan Acting City Clerk 22 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey, Director SUBJECT: Treasurer’s Report for the Month Ended May 31, 2008 RECOMMENDED ACTION The City Council review and accept the Treasurer’s Report for the month ended May 31, 2008. REPORT SUMMARY California government code section 41004 requires that the City Treasurer (the Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer) submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall file a copy with the legislative body. The following attachments provide various financial data and analysis for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL IMPACT Cash and Investments Balance by Fund As of May 31, 2008, the City had $162,943 in cash deposit at Comerica bank, and $17,101,940 on deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $2,000,000. The total pooled cash balance as of May 31, 2008 is $17,264,883 and exceeds the minimum limit required. Cash Summary Unrestricted Cash Comerica Bank $ 162,943 Deposit with LAIF $ 17,101,940 Total $ 17,264,883 23 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City would not be in compliance with Government Code Section 41004. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A – Cash Balances by Fund B – Change in Total Fund Balances by Fund C – Cash and Investments by CIP Project D – Change in Total Fund Balances by CIP Project E – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates 24 ATTACHMENT A The following table summarizes the City’s total cash and investment balances by Fund. Fund Types Fund Description Cash & Investment Balance at May 31, 2008 General General Fund $ 5 ,370,818 Reserved Fund Balance Petty Cash Reserve $ 1 ,300 Retiree Medical Reserve $ 6 2,500 Reserved for Development Deposits $ 6 04,909 Designated Reserves: Designated for Economic Uncertainty $ 1 ,500,000 Designated for Operations $ 2 ,688,037 Designated for Claims $ 3 8,695 Designated for Development Services $ 7 50,171 Designated for Environmental Services $ 7 10,667 Special Revenue Landscape and Lighting Districts $ 2 25,214 SHARP Program $ 1 06,383 Capital Project Street Projects $ 1 ,586,094 Park and Trail Projects $ 1 ,578,533 Facility Improvement Projects $ 3 38,444 Adminstrative Projects $ 1 03,405 Debt Service Library Bond $ 3 56,096 Internal Service Equipment Replacement $ 9 5,210 IT Replacement $ 3 05,048 Facility Maintenance $ (325) Equipment Maintenance $ (24,162) Information Technology Services $ 7 2,535 Office Stores Fund $ 1 9,350 Liability/Risk Management $ 6 0,949 Workers Compensation $ (19,238) Trust/Agency Library Fund $ 6 95,886 KSAR -Community Access TV $ 3 8,365 Total City $ 1 7,264,883 25 ATTACHMENT B CHANGES IN TOTAL FUND BALANCE The following table presents the ending Fund Balances for the City’s major fund types as at May 31, 2008. This table excludes Trust and Agency funds where the City acts merely as a third party custodian of an outside party’s funds. Fund Description Fund Balance 07/01/07 Inc/(Dec) Jul-Apr Revenues Expenditures Transfers Fund Balance 05/31/08 General Undesignated Unreserved Balance 2,505,665 978,919 721,674 (381,032) 4,587,290 Reserved Fund Balance: Petty Cash Reserve 1,300 ---1,300 Retiree Medical Reserve 62,500 ---62,500 Development Deposit Reserves 604,909 604,909 Designated Fund Balances: -Designated Economic Uncertainty 1,500,000 ---1,500,000 Designated for Operations 2,688,036 ---2,688,036 Designated for Claims 38,695 38,695 Designated for Development 750,171 ---750,171 Designated for Environmental 710,668 ---710,668 Special Revenue Landscape/Lighting 316,077 118,163 1,235 210,241 225,233 SHARP Loan 89,588 15,684 1,111 -106,383 Capital Project Street Projects 2,141,646 (1,066,907) 701,574 15,564 -1,760,746 Park and Trails 1,507,815 136,302 -65,585 -1,578,533 Facility Improvements 441,991 (32,817) -70,732 -338,444 Adminstrative Projects -162,695 -59,290 -103,405 Debt Service Library Bond 746,556 (399,356) 8,895 -356,096 Internal Service Fund Equipment Replacement 8,572 123,786 -37,149 95,209 Technology Replacement 352,280 (39,428) -7,805 305,048 Building Maintenance (15,617) 38,722 -54,317 ( 31,212) Equipment Maintenance -(715) -23,447 ( 24,162) Information Technology Services -35,258 -(37,767) 73,025 Stores Fund -21,335 -1,985 19,350 Liability/Risk Management -61,457 1,999 2,507 60,949 Workers Compensation -(18,643) -596 (19,238) Total City 14,450,852 134,457 1,436,487 130,418 -15,891,379 26 ATTACHMENT C CASH AND INVESTMENTS BALANCES BY CIP PROJECT The following table details the cash balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Cash & Investment Balance at May 31, 2008 Street Projects Traffic Safety 11,757 Highway 9 Safety Project 58,960 Annual Street Resurfacing Project 4 05,519 Sidewalks Yearly Project 98,980 Saratoga Sunnyale Road Resurfacing (156,061) Fourth Street Bridge 100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) Quito Road Bridge Replacement 9,730 Quito Road Bridge Construction 115,726 Village Newsrack Enclosur (2,464) Village Façade Program (570) Solar Power Radar Feedback Signs 24,158 El Quito Area Curb Replacement 18,195 Sobey Road Culvert Repair 150,000 Median Repairs(Landscape/Irrig.) 2,638 Village Improvements 50,000 Village Trees & Lights at Sidestreets 31,965 Cox Ave Railroad Crossing Upgrade (6,599) Prospect Road Median 19,508 City Entrance Sign/Monument 13,467 Village-Village-Streetscape Impv (Sidewalk, Curbs) 666,055 Saratoga-Sunnyvale/Gateway -Saratoga-Sunnyvale ADA Curb Ramps (2,525) Storm Drain @El Camino /Mt Vista 85,321 Saratoga-Sunnyvale/Gateway Sidewalk 57,224 Total Street Projects $ 1,586,094 Parks & Trails Park Development 28,507 EL Quito Park Improvement (3,684) Beauchamp Park Fund 13,362 Wildwood Park -Water Feature/Seating 7,199 Historical Park Landscape 37,200 Citywide Tree Replanting 140,259 Hakone Garden D/W 162,829 Wildwood Park Improvement (4,543) Carnelian Glen Footbridge (2,903) DeAnza Trail (52,057) Kevin Moran Improvements 1,042,266 West Valley Soccer Field 93,301 Park/Trail Repairs 21,130 Heritage Orchard Path 24,971 Trail Segment #3 Repair 7,912 Teerlink Ranch Trail 22,242 San Marcos OP Space Trail 9 81 CIP Allocation Fund 39,563 Total Parks & Trails $ 1,578,533 Facility Improvements Civic Center Landscape 2 1,056 Warner Hutton House Improvements 5,868 Facility Projects (27,766) Fire Alarm at McWilliams & Museum 18,088 North Campus Improvements 3 22,896 Historical Park Fire Alarm System (1,699) Total Facility Improvements $ 338,444 Administrative Projects Financial System Upgrade 10,674 Document Imaging Project 92,731 Total Administrative Projects $ 103,405 Total CIP Funds $ 3 ,606,476 27 ATTACHMENT D FUND BALANCES BY CIP PROJECT The following table details the fund balances for each project in the Streets, Parks & Trails, Facility Improvements, and Administrative Project Program Funds. CIP Funds/Projects Fund Balance 07/01/07 Inc/(Dec) Jul-Apr Revenues Expenditures Transfers Fund Balance 05/31/08 Street Projects Traffic Safety 41,355 (15,404) -1 4,194 11,757 Highway 9 Safety Project 58,960 ---58,960 Annual Street Resurfacing Project 438,338 (540,383) 505,064 -403,019 Sidewalks Yearly Project 108,605 (9,625) --98,980 Saratoga Sunnyale Road Resurfacing -(156,061) 24,573 -(131,488) Fourth Street Bridge 100,000 ---100,000 Highway 9 and Oak Place Pedestrian Sign (164,891) -152,580 -(12,311) Quito Road Bridge Replacement 9,730 ---9,730 Quito Road Bridge Construction 113,859 1,867 --115,726 Village Newsrack Enclosur -(1,849) -6 15 (2,464) Village Façade Program -(570) --(570) Solar Power Radar Feedback Signs 15,000 (5,036) -(14,194) 24,158 El Quito Area Curb Replacement 213,179 (194,983) --18,196 Sobey Road Culvert Repair 150,000 ---150,000 Storm Drain Upgrades 11,314 (11,314) ---Median Repairs(Landscape/Irrig.) 4,021 (1,383) --2,638 Village Improvements 50,000 ---50,000 Village Trees & Lights at Sidestreets 7,000 24,965 --31,965 Cox Ave Railroad Crossing Upgrade 24,392 (50,348) 19,357 -(6,599) Prospect Road Median 50,000 (25,121) -5 ,370 19,508 City Entrance Sign/Monument 13,467 ---13,467 Village-Streetscape Impv (Sidewalk, Curbs) 737,846 (62,213) -9 ,578 666,055 Saratoga-Sunnyvale/Gateway 74,148 (74,148) ---Saratoga-Sunnyvale ADA Curb Ramps -(2,525) --(2,525) Storm Drain @El Camino /Mt Vista 85,321 ---85,321 Saratoga-Sunnyvale/Gateway Sidewalk -57,224 --57,224 Total Street Projects 2,141,646 (1,066,907) 701,574 1 5,564 -1,760,748 Parks & Trails Park Development 209,087 (180,580) --28,507 EL Quito Park Improvement -(3,684) --(3,684) Beauchamp Park Fund -13,362 --13,362 Wildwood Park -Water Feature/Seating -7,199 --7,199 Historical Park Landscape -37,200 --37,200 Citywide Tree Replanting -146,176 -5 ,917 140,259 Hakone Garden D/W 164,283 (1,454) --162,829 Wildwood Park Improvement ---4 ,543 (4,543) Carnelian Glen Footbridge -(2,903) --(2,903) DeAnza Trail (184,219) 140,418 -8 ,256 (52,057) Kevin Moran Improvements 1,112,298 (64,312) -5 ,720 1,042,266 West Valley Soccer Field 155,868 (23,419) -3 9,149 93,301 Park/Trail Repairs 44,558 (23,429) --21,130 Heritage Orchard Path -24,971 --24,971 Trail Segment #3 Repair -9,912 -2 ,000 7,912 Teerlink Ranch Trail -22,242 --22,242 San Marcos OP Space Trail -981 --981 CIP Allocation Fund 5,939 33,624 --39,563 Total Parks & Trails 1,507,815 136,302 -6 5,585 -1,578,533 Facility Improvements Civic Center Landscape 63,703 (37,525) -5 ,123 21,055 Warner Hutton House Improvements 25,000 (7,140) -1 1,993 5,868 Facility Projects -(4,545) -2 3,221 (27,766) Fire Alarm at McWilliams & Museum 25,000 (6,912) --18,088 North Campus Improvements 322,025 23,304 -2 2,433 322,896 Historical Park Fire Alarm System 6,262 --7 ,961 (1,699) Total Facility Improvements 441,991 (32,817) -7 0,732 -338,444 Administrative Projects Financial System Upgrade -69,964 -5 9,290 10,674 Document Imaging Project -92,731 --92,731 Total Administrative Projects -162,695 -5 9,290 -103,405 Total CIP Funds 4,091,452 (800,727) 701,574 211,170 -3,781,130 28 ATTACHMENT E 29 Dave Anderson Melanie Whittaker Mary Furey RECOMMENDED ACTION: That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles: July 31, 2008 August 07, 2008 REPORT SUMMARY: Attached are the Check Registers for: Date Check No. 07/31/08 108394 108405 12 40,413.79 07/31/08 07/24/08 108393 07/31/08 110094 110131 38 42,275.18 07/31/08 07/24/08 110091 08/07/08 108412 108428 17 144,307.64 08/07/08 07/31/08 108405 08/07/08 110132 110201 70 67,633.81 08/07/08 07/31/08 110131 Accounts Payable 08/14/08 108429 108435 7 49,261.47 08/14/08 08/07/08 108428 Accounts Payable 08/14/08 110202 110243 42 83,161.33 08/14/08 08/07/08 110201 Accounts Payable 08/21/08 108436 108440 5 20,044.19 08/21/08 08/14/08 108435 Accounts Payable 08/21/08 110244 110306 63 97,002.15 08/21/08 08/14/08 110243 Total: $544,099.56 AP Date Check No. Issued to Dept. Amount 07/31/08 108396 CDD 12,916.67 07/31/08 108401 CDD 12,964.03 08/07/08 108414 CIP 127,136.63 08/07/08 110183 Various 14,978.15 08/14/08 108430 Public Works 17,779.00 08/14/08 108435 Public Works 25,520.10 08/14/08 110211 Public Safety 31,524.00 08/21/08 108440 Public Works 14,840.00 08/21/08 110250 CDD 14,176.04 Campbell Union HS District Prospect Field Rental Fall 2007 & Spring 2008 City of San Jose Animal Control -Monthly Services (prior year) San Jose Water Co Various Monthly Service -Water RBF Consulting General Housing Element CRW Industries N Campus/19848 Prospect Fellowship Hall -N Campus Purpose City of San Jose General Animal Control -Monthly Services (prior year) SUBJECT: Review of Accounts Payable Check Registers. Type of Checks Date Starting Check No. Ending Check No. Total Checks Amount Checks Released Prior Check Register August 14, 2008 DEPARTMENT: Finance & Administrative Services PREPARED BY: DEPT. DIRECTOR: CITY MANAGER: SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: August 21, 2008 Matt Novakovich General Accounts Payable Accounts Payable Accounts Payable Accounts Payable The following is a list of Accounts Payable checks issued for more than $10,000 and a brief description of the expenditure: Fund City of San Jose CA ID Program FY 2008/2009 Quarterly Orchard Maintenance West Valley Sanitation District General West Valley Clean Water 03/01-06/30/08 General General General 30 08/21/08 110264 Public Works 15,031.25 George Bianchi Construction Sidewalk Repair Program Saratoga Rd Concrete Repair 31 The following are Accounts Payable checks that were voided or manually issued: AP Date Check No . Issued to Amount 7/29/2008 110092 Liebert Whitmore (2,992.00) 7/29/2008 110093 2,992.00 7/31/2008 108411 (23,647.99) 7/31/2008 83775 7/31/2008 84190 7/31/2008 84374 7/31/2008 86044 7/31/2008 90969 7/31/2008 91016 7/31/2008 91054 7/31/2008 92726 7/31/2008 92874 7/31/2008 93492 7/31/2008 96232 7/31/2008 96359 7/31/2008 96411 7/31/2008 97187 7/31/2008 97790 7/31/2008 97970 7/31/2008 99380 7/31/2008 99485 7/31/2008 100131 7/31/2008 100464 7/31/2008 100465 7/31/2008 100564 8/21/2008 108436 (14,840.00) 8/21/2008 108400 Anil Paul Void-Reissue (353.49) The following is a list of cash reduction by fund: Fund # AP 7/31 AP 8/07 AP 8/14 AP 8/21 Total 001/111 General 5 9,585.84 6 2,473.40 116,412.69 7 2,955.90 311,427.83 201/246 Manor Drive Landscape -----202 Ferdericksburg Landscape ---31.21 3 1.21 203 Greenbriar Landscape ---215.88 2 15.88 204 Quito Lighting -----205 Azule Lighting -----206 Sarahills Lighting -----207/231 231 Village Lighting -338.29 3 38.29 676.58 1,353.16 209/251 McCartysville Landscape -523.19 5 23.19 352.24 1,398.62 210 Tricia Woods Landscape ---55.53 5 5.53 211 Arroyo de Saratoga Landscape ---165.71 1 65.71 212 Leutar Court Landscape ---57.49 5 7.49 215 Bonnet Way Landscape ---445.81 4 45.81 216 Beauchamps Landscape ---17.71 1 7.71 217 Sunland Park Landscape -----222 Prides Crossing Landscape ---218.00 2 18.00 224 Village Commercial Landscape -----225 Saratoga Legends Landscape -----226 Bellgrove Landscape -212.32 2 12.32 5 ,816.22 6,240.86 227 Cunningham/Glasgow Landscp ---191.24 1 91.24 228 Kerwin Ranch Landscape -----Campbell HS District Void-Reissue Various Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Various Various Various Various Various Various Various Various Various Liebert Whitmore Manual -BARE 08/09 Fund Description Void-Stale Dated Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Void-Stale Dated Void-Stale Dated Description Void-Printing Error Various Void-Stale Dated Various Void-Stale Dated Various Void-Stale Dated Void-Stale Dated Void-Stale Dated Void-Stale Dated Various Void-Stale Dated Void-Printing Error Void-Stale Dated32 229 Tollgate LLD -26.32 26.32 52.64 1 05.28 Fund # -----231 Horseshoe Landscape/Lighting -----232/273 Gateway Landscape -119.19 -681.67 8 00.86 233 Carnelian Glen -----270 CDBG Administration -----271 Saratoga Housing & Rehab.Prg. -----290 Recreation Spec Rev Fund -----320 Library Expansion Cap Prg. -----400/311 Library Bond Debt Service -----411 CIP Street Projects 8 ,722.24 3 ,227.18 2 ,223.15 1 5,695.64 29,868.21 412 CIP Parks Projects 185.17 -8 05.00 5 ,624.79 6,614.96 413 CIP Facility Projects --1 ,044.00 -1,044.00 414 CIP Admin Projects ---2 ,805.51 2,805.51 421 Tree Fine Fund -1 ,883.89 --1,883.89 431 Grant Fund -CIP Streets -173.20 --1 73.20 481 Gas Tax Fund --2 16.65 1 ,418.84 1,635.49 501/631 Equipment Replacement ISF 625.31 -9 15.06 -1,540.37 502 Information Technology -----503/624 Facility Improvement 3 ,107.92 2 ,012.45 5 ,678.50 10,798.87 504 Facilities 3 ,542.38 893.91 94.40 4,530.69 505/622 Information Technology 5 ,494.95 539.95 2 ,143.52 5 ,390.00 13,568.42 506/621 Office Stores Fund 1 ,425.16 2 ,440.93 -1 ,465.28 5,331.37 510/611 Liability/Risk Mgt -----511/612 Workers' Comp -----623 Vehicle & Equimpent Maint --2 ,756.19 437.14 3,193.33 624 Building Maintenance ---3 ,004.53 3,004.53 632 IT Equipment Replacement -179.43 --1 79.43 701 Traffic Safety -----702 Highway 9 Safety -----704 -----706 Sidewalk Annual Project -----708 -----716 Highway 9/Oak Pedestrain -----720 KSAR/CATV Agency Fund -----724 Village Newsrack Enclosures -----726 2 Solar Radar Feedbacks -----727 El Quito Area Curb Replacement -----731 Storm Drain Upgrades -----732 Median Landscape/Irrigation -----734 Civic Center Landscape -----735 Village Lights (Zone 7A) -----736 Village Trees Lighting -----738 Cox Ave Railroad Crossing -----739 -----744 Village Sidewalk, Curb/Gutter -----746 Saratoga-Sunnyvale Gateway -----747 -----748 El Ca Grante/Monta Vista -----749 Sara-Sun Gateway Sidewalk -----751 Financial System Upgrade -2 ,934.75 --2,934.75 752 -----755 Warner Hutton House Improv. -----760 Facility Projects --74.69 -7 4.69 761 ------Document Imaging Project Fire Alarm McWill&Book Go Saratoga Sunnyvale PH 2 Fund Description Prospect Road Medians Sara-Sun ADA Curb Ramps Annual Street Resurfacing The following is a list of cash reduction by fund continued: 33 762 North Campus/19848 Prospect -1 27,136.63 --127,136.63 766 Historical Park Fire Alarm -----Fund # -----778 -----780 -----783 -----785 -----786 -----788 -----789 -----790 --58.95 -5 8.95 791 -6 ,826.42 --6,826.42 792 -----793 -----794 -----795 -----796 -----797 San Marcos OP Space Trail -----8 2,688.97 2 11,941.45 133,522.92 1 17,775.56 545,928.90 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 Parks/Trails Repair Heritage Orchard Path Trail Segment #3 Repair Teerlink Ranch Trail Repair Carnelian Glen Footbridge UPRR/De Anza Trail Kevin Moran Alternative Soccer Field Wildwood Park -Wtr/Seat Citywide Tree Replanting Hakone Garden D/W Wildwood Park Improvement El Quito Park Improvement Beauchamp Park Fund Fund Description The following is a list of cash reduction by fund continued: 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: Finance & Admin Services CITY MANAGER: Dave Anderson PREPARED BY: Mary Furey DIRECTOR: Mary Furey SUBJECT: Revised Fiscal Year 2008/09 Gann Appropriation Limit RECOMMENDED ACTION Adopt resolution approving the revised Gann Appropriations Limit for FY 2008/09. REPORT DISCUSSION On June 4, 2008, Council adopted the Gann Appropriation Limit for fiscal year 2008/09. Subsequently, it was determined the City population factor (1.31%) was mistakenly used in place of the State per capita factor (4.29%) in the appropriation calculation schedule, resulting in a incorrect Gann Appropriation Limit for FY 2008/09. Staff is requesting Council adopt the revised Gann Appropriation Limit for FY 2008/09 to correct this error. The following discussion reiterates the annual Gann Appropriation Limit discussion presented to Council: On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Spending Limitation Initiative, establishing Article XIIIB of the California State Constitution. This proposition, which became effective in fiscal year 1980/81, mandated an appropriations (spending) limit on the amount of tax revenues that the State and most local government jurisdictions may appropriate within a fiscal year. This limit grows annually by a population and cost-of-living factor. The State Appropriation Limit was since modified by two subsequent initiatives -Proposition 98 in 1988 and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding appropriation limit levels to the State of citizens through a process of refunds, rebates, or other means. Proposition 111 allowed more flexibility in the appropriation calculation factors. Only tax proceeds are subject to this limit. Charges for services, fees, grants, loans, donations and other non-tax proceeds are excluded. Exemptions are also made for voter-approved debt which existed prior to January 1, 1979, and for the cost of compliance with court court or Federal government mandates. The City Council adopts an annual resolution establishing an appropriations limit for the following fiscal year using population and per capita personal income data provided by the State of California’s Department of Finance. Each year’s limit is based on the amount of tax proceeds that were authorized to be spent in fiscal year 1978/79, with inflationary adjustments made annually to reflect increases in population and the cost of living. The California Department of Finance distributes the annual percentage change per capita personal income and the percentage population change within the City and the County to jurisdictions on May 1st each year. The County’s percentage increase in population change is combined with the State’s change in 57 per capita income to determine the City’s appropriation factor. The current year’s appropriation limit is then increased by this appropriation factor to calculate the Gann Appropriation Limit for the following fiscal year. The calculation for the FY 2008/09 limit is as follows: % Increase in Change in 2007/08 2008/09 County Per Capita Appropriation Appropriation Appropriation Population Income Factor Limit Limit 1.0172 X 1.0429 = 1.0608 X $ 28,837,681 = $ 30,592,105 FY 2008/09 Calculation Summary: The Gann Appropriation Limit establishes the maximum amount of tax revenue proceeds the City may appropriate in the following fiscal year. The City’s proposed budget for FY 2008/09 anticipates $10,181,000 in tax revenues, which is $20,411,105 less than the appropriation limit of $30,592,105. Conclusion: It is recommended that the Council adopt the resolution approving the FY 2008/09 Gann Appropriation Limit of $30,592,105 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION The City will not be in compliance with Article XIIIB of the State of California Constitution. ALTERNATIVE ACTION N/A FOLLOW UP ACTION N/A ADVERTISING, NOTICING AND PUBLIC CONTACT N/A ATTACHMENTS A -Gann Appropriation Limit Factors and Calculation B – Resolution 58 Attachment A For Beginning County City Per Ending % YE Population Population Capita Limit Limit Factor Factor Income Limit Increase 1994 13,202,594 1.0171 1.0053 1.0272 13,793,609 4.48% 1995 13,793,609 1.0160 1.0050 1.0071 14,113,809 2.32% 1996 14,113,809 1.0170 1.0227 1.0472 15,115,486 7.10% 1997 15,115,486 1.0108 1.0071 1.0467 15,992,250 5.80% 1998 15,992,250 1.0216 1.0289 1.0467 17,222,848 7.69% 1999 17,222,848 1.0212 1.0154 1.0415 18,317,873 6.36% 2000 18,317,873 1.0173 1.0072 1.0453 19,478,927 6.34% 2001 19,478,927 1.0163 1.0055 1.0491 20,768,439 6.62% 2002 20,768,439 1.0147 1.0055 1.0782 22,721,701 9.40% 2003 22,721,701 1.0125 1.0191 0.9873 23,092,833 1.63% 2004 23,092,833 1.0079 1.0029 1.0231 23,694,794 2.61% 2005 23,694,794 1.0072 1.0000 1.0328 24,471,983 3.28% 2006 24,471,983 1.0112 1.0124 1.0526 26,078,624 6.57% 2007 26,078,624 1.0118 1.0034 1.0396 27,203,516 4.31% 2008 27,203,516 1.0152 1.0138 1.0442 28,837,681 10.58% 2009 28,837,681 1.0172 1.0077 1.0429 30,592,105 12.46% % Increase in Change in 2007/08 2008/09 County Per Capita Appropriation Appropriation Appropriation Population Income Factor Limit Limit 1.0172 X 1.0429 = 1.0608 X $ 28,837,681 = $ 30,592,105 2008/09 2008/09 Percentage Tax Appropriation of Revenues Limit Limit 10,181,000 /$ 30,592,105 = 33% June 30 Percentage of Appropriation FY 2008/09 Calculation APPROPRIATION LIMIT FACTORS Appropriation Appropriation 59 Attachment B RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE FISCAL YEAR 2008/09 GANN LIMIT APPROPRIATION FOR THE CITY OF SARATOGA WHEREAS, the City of Saratoga has established its Base Year Appropriation Limit as $5,961,747 in Fiscal Year 1978/79; and WHEREAS, the cumulative changes to population and to the California per capita personal income since the Base Year established the revised Proposition 111 Fiscal Year 1996/97 Appropriation Limit as $16,153,314, and WHEREAS, to the best of the City’s knowledge and belief, the State Department of Finance figures provided to the City in response to Proposition 111 passed by the voters in June 1990, reflects the appropriate statistics relevant to the calculation of the Fiscal Year 2008/09 Appropriation Limit, which includes: • County population adjustments for the year ended December 31, 2007 equal to 1.72%, and • City population adjustment for the year ended December 31, 2007 equal to .77%, and • Change in California per capita cost of living for fiscal year 2008/09 equal to 4.29% NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby resolves that, based on the foregoing figures and the provisions of the Article XIIIB of the Constitution of the State of California, the following figure accurately represents the Fiscal Year 2008/09 Appropriation Limit for the City of Saratoga at: $30,592,105 The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 3rd day of September 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________ Ann Waltonsmith, Mayor ATTEST: _____________________________ Ann Sullivan, Acting City Clerk 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 Page 1 of 3 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: Public Works CITY MANAGER: Dave Anderson PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone Senior Engineer Public Works Director SUBJECT: Award Construction Contract for Kevin Moran Park Improvement Project to B & B Landscape Contractors, Inc. and Approve Contract Amendment with MPA Design RECOMMENDED ACTIONS: 1. Approve attached budget resolution. 2. Move to declare B & B Landscape Contractors, Inc. to be the lowest responsible bidder on the project. 3. Move to award a construction contract for Kevin Moran Park Improvement Project to B & B Landscape Contractors, Inc. in the amount of $1,312,006.90 and authorize the City Manager to execute the same. Authorize staff to execute change orders to the construction contract in the amount of $11,717.82. 4. Amend contract with MPA Design for bid support and construction observations in the amount of $25,000. REPORT SUMMARY: In 2006, the City Council approved a Conceptual Design Plan for the Kevin Moran Park Improvement Project. Subsequently, the City Council reviewed and approved required environmental documents and the final design plan for the project. The approved scope of work consists of supplying all labor, equipment and materials to replace 4 acres of remnant orchard trees on the north and south ends of the park with developed park uses and the construction of new park facilities, including a tennis court, half basketball court, two bocce courts, rolling and gently sloping and flat grass areas, picnic areas, a meditation garden, a screened area for storage of sports equipment, associated park facilities, and a restroom. Sealed bids for the Kevin Moran Park Improvement Project were opened on August 26, 2008. A total of five contractors submitted bids; a summary of the bids received is attached. B & B Landscape Contractors, Inc. of San Jose submitted the lowest bid in the amount of $1,312,006.90. Staff has carefully checked the 117 Page 2 of 3 bid along with the listed references and has determined that the bid is responsive to the Notice inviting Sealed Bids dated July 24, 2008. In light of the fairly complex nature of the project, it was necessary to engage MPA Design during the bid phase and it is recommended that MPA Design provide construction observation services during the construction phase. MPA Design provided excellent services during the design phase of this project and it is recommended that the City amend MPA Design’s contract in the amount of $25,000. Therefore staff recommends that the Council declare B & B Landscape Contractors, Inc. to be the lowest responsible bidder on the project, award a construction contract to this firm in the amount of their bid, authorize the City Manager to execute the contract, and authorize staff to execute change orders to the contract up to an amount of $11,717.82 to cover any unforeseen circumstances and additional work, which may arise during the course of the project. Further, it is recommended that the Council approve a contract amendment with MPA Design in the amount of $25,000 and authorize the City Manager to execute the same. FISCAL IMPACTS: The following table provides an overview of the project budget, which will be funded from programmed funds in the Kevin Moran Park Improvement Project and transfers from two completed CIP projects, which were finished under budget. Attached is a budget resolution transferring funds as shown below. Kevin Moran Park Improvement Project Budget Information: Kevin Moran Park Improvement Project $1,271,057.20 Cox Avenue Railroad Crossing $69,043.52 City-wide Traffic Signal Upgrade $33,624.00 TOTAL $1,373,724.72 Expenditures: Construction Contract with B & B Landscape Contractors $1,312,006.90 Construction Change Orders $11,717.82 MPA Contract Amendment $25,000.00 Rodent Control $25,000.00 TOTAL $1,373,724.72 CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: B & B Landscape Contractors, Inc. would not be selected for this project. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all the bids and direct staff to re-bid the entire project again. ALTERNATIVE ACTION: None in addition to the above. 118 Page 3 of 3 FOLLOW UP ACTION: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin at the end of September and will be completed within six months. ADVERTISING, NOTICING AND PUBLIC CONTACT: Informational construction signs will be posted on site. Local residents have been notified about the upcoming construction. ATTACHMENTS: 1. Bid Summary 2. Construction Contract with B & B Landscape Contractors, Inc. 3. Contract Amendment with MPA Design 4. Budget Resolution 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 CITY OF SARATOGA:KEVIN MORAN PARK IMPROVEMENT PROJECT BID RESULTS SUMMARY: BID OPENING 8/26/08 10:00 a.m. Bidder (Company Name) B&B Landscape Const. Star Construction McGuire & Hester Valley Crest Lanscaping Robert A. Bothman Inc. Bid Amount $1,312,006.90 $ 1 ,384,290.11 $1,407,900.44 $1,743,624.78 $1,753,745.00 145 146 147 148 149 150 151 152 153 154 155 RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2008/09 TO PROVIDE FUNDING FOR THE KEVIN MORAN PARK IMPROVEMENT PROJECT WHEREAS, the City Council desires to improve Kevin Moran Park; and WHEREAS, financing in the amount of $102,667 is needed for said project; and WHEREAS, it is necessary to make adjustments to the Fiscal Year 2008/09 budget as follows: Account Description Account# Amount To appropriate project expenditures to be funded 412.9237-001.81161 102,667 From CIP Park Fund un-appropriated Fund Balance NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga hereby approves adjustments to the Fiscal Year 2008/09 budget. BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on 3rd day of September 2008 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________ Ann Waltonsmith, Mayor City of Saratoga Attest: _______________________ Ann Sullivan, Acting City Clerk 156 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: KSAR Contract Amendment RECOMMENDED ACTION: Accept report and approve KSAR contract amendment. BACKGROUND: In July 2005, the City of Saratoga entered an agreement with KSAR to broadcast City Council and Planning Commission meetings. Since then, the City has asked KSAR to provide additional services at an additional cost to the City. These services include: 1. Indexing Council and Planning Commission meetings on the City’s Granicus system for web streaming; and 2. Copying VHS tapes of City Council meetings from 1997-2001 to DVDs and transcoding DVDs to a format compatible with web streaming through the City’s Granicus system. The Council also allocated $9,000 in one-time funding to allow KSAR to make equipment upgrades that will improve the recording and broadcasting of meetings held in the Council Chambers. The funding will cover: 1. Extending audio controls to the sound booth in the Council Chambers; 2. One-time installation cost of new components in the KSAR studio that will allow KSAR to send a signal AT&T U-verse cable television customers; and 3. Creating an audio/visual link to the LCD projection system in the Chambers. The suggested amendment to the City’s contract with KSAR recognizes the expanded services already provided by KSAR and the improvements to be made with the $9,000 allocated to KSAR this fiscal year. FISCAL IMPACTS: The suggested contract amendment will have no additional fiscal impacts as it reflects services currently being provided by KSAR and funding that has already been allocated to KSAR for improvements. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Page 1 of 2 157 Page 2 of 2 The City’s contract with KSAR will not accurately represent services currently provided by KSAR or planned improvements to service. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A: KSAR contract amendment 158 159 160 161 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: ORIGINATING DEPT: City Manager’s Office CITY MANAGER: PREPARED BY: DEPT HEAD: Ann Sullivan, Acting City Clerk Dave Anderson, City Manager SUBJECT: Resolution Declaring Hazardous Vegetation on Specified Properties to be a Public Nuisance RECOMMENDED ACTION: Open public hearing; listen to public testimony; and close public hearing. Adopt resolution declaring hazardous vegetation on specified properties to be a public nuisance. REPORT SUMMARY: This is the second hazardous vegetation/weed abatement proceeding undertaken this year, necessitated by the unusually high fire threat present this year. The required posting and publishing for this hearing has been done. Property owners have been noticed by mail to remove hazardous vegetation. Those properties not in compliance are listed in Attachment B as determined by the Office of the County Agricultural Commissioner. This hearing is an opportunity for those objecting to the declaration of nuisance to come forward and be heard. The City annually, and as needed, declares hazardous vegetation to be a nuisance due to fire danger and pursuant to an existing contract with the Office of the County Agricultural Commissioner gives notice and conducts a subsequent hearing on whether to abate the hazardous vegetation if is not removed by the owner of the subject property after the declaration of nuisance. FISCAL IMPACTS: Administrative and other costs may be charged to the property owner. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The next steps in the abatement process by the City and the Office of the County Agricultural Commissioner 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: Give additional notice to property owners regarding hearing on order for abatement and adopt resolution ordering abatement at subsequent Ci1ty6 2Council meeting. The Office of the County Agricultural Commissioner will begin abatement after time for property owners to remove hazardous vegetation has expired without compliance with the order for abatement. ADVERTISING, NOTICING AND PUBLIC CONTACT: A Notice of Public Hearing was published in the Mercury News, posted, and also mailed to affected property owners. ATTACHMENTS: Attachment A – Resolution Declaring Nuisance Attachment B – Legal Notification to Public and Property Owners Attachment C – Santa Clara County Weed Abatement Program – 2008 Special Weed Abatement Program Commencement Report – City of Saratoga 163 RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF HAZARDOUS VEGETATION (BRUSH) AS A PUBLIC NUISANCE WHEREAS, hazardous vegetation (brush) is declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which they are removed if the owners thereof fail to do so; and WHEREAS, the County Fire Marshall has given Notice to all property owners found in noncompliance; and WHEREAS, pursuant to said resolution and notice, the Saratoga City Council conducted a public hearing this date with respect thereto, at which time all property owners having any objections to the proposed destruction or removal of such attest: RESOLVED, by the City Council of the City of Saratoga hazardous vegetation (brush) is declared a nuisance and will be abated by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which they are removed if the owners thereof fail to do so, and a hearing was held on June 4, 2008, during which all property owners having any objections to the proposed destruction or removal of such hazardous vegetation (brush) were heard and given due consideration; and NOW, THEREFORE, IT IS ORDERED by the City Council of the City of Saratoga, that hazardous vegetation (brush) is authorized to be abated by the Office of the Agricultural Commissioner and the cost thereof made a lien upon the private properties from which they are removed if the owners thereof fail to do so. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 4th day of June 2008, by the following vote: AYES: NAYES: ABSENT: ABSTAIN: Ann Waltonsmith, Mayor ATTEST: 164 Ann Sullivan, Acting City Clerk 165 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING HAZARDOUS VEGETATION GROWING ON SPECIFIED PROPERTIES TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING ON ABATEMENT WHEREAS, hazardous vegetation is growing in the City of Saratoga upon certain private properties: APN 397-05-028 at 14521 Quito Road, Saratoga, California APN 503-13-067 on Mt. Eden Road, Saratoga, California; and WHEREAS, said vegetation has attained such growth as to become a fire menace; and WHEREAS, said vegetation constitutes a public nuisance. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Saratoga, as follows: 1. That hazardous vegetation exists on the following properties: APN 397-05-028 at 14521 Quito Road, Saratoga, California APN 503-13-067 on Mt. Eden Road, Saratoga, California and is hereby declared and does now constitute a public nuisance; and 2. That as a declared public nuisance the hazardous vegetation on the subject properties may be ordered abated by the City of Saratoga and the cost thereof collected from the owners of the above described private properties if the owners thereof fail to complete abatement on their own; and 3. That it is ordered that Wednesday, the 17th day of September, 2008, at a public hearing during a regular meeting which will begin at 7:00 p.m. in the Saratoga Civic Theater, 13777 Fruitvale Avenue, Saratoga, California, is hereby fixed as the time and place where objections to the declaration of nuisance or the proposed abatement of said vegetation shall be heard and given due consideration. The above and foregoing resolution was passed and adopted by the Saratoga City Council at a regular meeting held on the 3rd day of September 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Ann Waltonsmith, Mayor ATTEST: Ann Sullivan, Acting City Clerk 166 NOTICE OF HEARING BEFORE THE CITY COUNCIL OF THE CITY OF SARATOGA, CALIFORNIA Notice is hereby given that the City Clerk of the City of Saratoga, California, has set Wednesday, the 3rd of September 2008 at 7:00 p.m. in the City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California, as the time and place for public hearings on: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING A NUISANCE TO EXIST UPON CERTAIN PROPERTIES AS TO WHICH THE ENFORCEMENT OFFICER HAS REPORTED HAZARDOUS VEGETATION TO EXIST. Notice is further hereby given that the Enforcement Officer for Hazardous Vegetation has furnished to the City Council a report of those properties on which any weeds, rubbish, refuse, dirt, obstructions or other hazardous vegetation or dangerous materials have been found to exist. The properties specified in the report by the Enforcement Officer are described in the chart below. At the September 3, 2008 public hearings described above, the City Council will review such report and make any changes therein it deems necessary or proper. Upon approval of the report as submitted or modified, the City Council will then, by resolution, declare a public nuisance to exist upon the properties described in the report which it finds to be in violation of applicable law. All interested persons may appear and be heard at the above time and place. If you challenge the subject declaration of nuisance in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. In order to be included in the City Council’s information packet, written communications must be filed with the City Clerk on or before the Wednesday before the meeting. A copy of any material provided to the City Council on the above hearing(s) is on file at the Office of the Saratoga City Clerk at 13777 Fruitvale Avenue. Questions may be addressed to the City Clerk at 408-868-1269. 2008 SPECIAL WEED ABATEMENT PROGRAM COMMENCEMENT REPORT CITY OF SARATOGA APN STREET 397-06-073 Woodbank Way 397-05-028 Quito Road 503-13-067 Mt. Eden Road 393-42-005 Merrick Drive /s/Ann Sullivan, Acting City Clerk PUB: 08/22/08 167 168 169 170 171 172 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone, AICP SUBJECT: City initiated Zoning Map Amendment for 20500 Lomita Avenue, 20568 Lomita Avenue, and 20550 Lomita Avenue. RECOMMENDED ACTION: 1. Open and conduct the public hearing, introduce the ordinance amending the zoning designation for three (3) parcels, waive the first reading, and schedule the item for a second reading and adoption on consent calendar. REPORT SUMMARY: In late 2006 and early 2007, the Saratoga Planning Commission recommended and City Council approved a zoning amendment of three (3) parcels within the City of Saratoga. The amendment was to change the zoning designation of 20500 Lomita Avenue (APN 517-12-020), 20568 Lomita Avenue (APN 517-12-021), and 20550 Lomita Avenue (APN 517-12-022) from R-1-40,000 to R-1-20,000. A zoning amendment approved by City Council must be published or posted no later than 15 days following the approval. Unfortunately, the zoning amendment was not properly posted after the City Council decision was rendered. Accordingly, staff has reinitiated the zoning amendment before the City Council for an approval. All three (3) parcels are currently non-conforming because they are below the minimum required lot size of 40,000 sq. ft. in the R-1-40,000 zoning district. Changing the zoning designation for these three (3) parcels from R-1-40,000 to R-1-20,000 would create legal conforming lots. Parcels located within the R-1-20,000 zoning district are required to be a minimum of 20,000 sq. ft. in size. The three (3) parcels in discussion meet this requirement. Furthermore, the zoning change from R-1-40,000 to R-1-20,000 will be consistent with the parcels’ General Plan (GP) designation of Residential Low Density (RLD). ENVIRONMENTAL DETERMINATION: The proposed project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305, “Minor Alterations Alterations in Land Use Limitations”, Class 5 of Article 19, Chapter 3 (“CEQA Guidelines”). This exemption allows minor alterations in land use limitations in areas which do not result in any changes in land use or density. The proposed 1 173 2 amendment would allow a continuation of single-family residential uses, consistent with the General Plan designation and existing neighborhood. The proposed amendment would not increase the allowed density or create an opportunity for creation of new parcels of land. PLANNING COMMISSION ACTION: The Planning Commission reviewed the zoning amendment at a regularly scheduled public hearing on July 23, 2008. There was no public testimony in opposition of the proposed amendment. The Planning Commission voted unanimously to recommend approval of the proposed zoning amendment to City Council. The minutes to that public hearing are shown as Attachment 3 of this staff report. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The existing zoning map would remain in effect and the three (3) parcels would be inconsistent with the General Plan map. California State Gov’t Code §65860(1) states that zoning ordinances must be consistent with the general plan and any applicable specific plans. ALTERNATIVE ACTION: N/A. FOLLOW UP ACTION: Adopt Ordinance by consent calendar at the next City Council meeting. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting was properly posted and published in the Saratoga News on August 19, 2008. Notices were also sent to all property owners within 500 feet of the proposed project. ATTACHMENTS: 1. Ordinance Approving the Zoning Map Amendment 2. Map of three (3) parcels affected by Zoning Amendment (Exhibit A) 3. Planning Commission Minutes – July 23, 2008 4. Resolution by Planning Commission – July 23, 2008 5. Affidavit of Mailing Notices, Public Hearing Notice, Mailing labels for project notification. 174 3 ATTACHMENT – 1 ORDINANCE NO.08-XXX A ORDINANCE OF THE CITY OF SARATOGA AMENDING THE ZONING MAP TO CHANGE THE ZONING OF PARCELS 517-12-020, 517-12-021, AND 517-12-022 FROM R-1-40,000 TO R-1-20,000 THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings The City Council finds and declares as follows: A. Parcels 517-12-020, 517-12-021, and 517-12–022 are each less than 30,000 square feet in size and have a current zoning designation of R-1-40,000 typically requiring a minimum lot size of 40,000 square feet. The General Plan designation for these parcels is “RLD” (Residential Low Density) which is compatible with the R-1-20,000 zoning designation. B. Following a public hearing on July 23, 2008 at which all interested persons had an opportunity to be heard the Planning Commission recommended reclassifying the subject parcels from the R-1-40,000 zone district to the R-1-20,000 zone district. The City Council considered the Planning Commission Recommendation at a public hearing at which all interested persons had an opportunity to be heard on September 3, 2008. C. As demonstrated by the materials in Community Development Department File Number 07-140, this rezoning is consistent with the adopted General Plan, including the housing element and the sites identified in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584. This zoning map amendment will not reduce, require, or permit the reduction of the residential density for any parcel to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law. D. In order to apply a zoning designation that is more closely aligned with the General Plan designation and to remove the current non-conforming status of the subject parcels it is appropriate to amend the Zoning Map to change the zoning of the parcels from R-1-40,000 to R-1-20,000. Section 2. Zoning Map Amendment Pursuant to Article 15-85 of the Saratoga Municipal Code, the City of Saratoga Zoning Map is hereby amended by reclassifying the Zoning District designation from R-1-40,000 to R-1-20,000 175 4 for the three (3) parcels shown on Exhibit A attached hereto and incorporated herein by this reference. Section 3. California Environmental Quality Act Pursuant to the California Environmental Quality Act (CEQA), this action is categorically exempt pursuant to Section 15305, “Minor Alterations in Land Use Limitations”, Class 5 of Article 19, Chapter 3 (“CEQA Guidelines”). This exemption allows minor alterations in land use limitations in areas which do not result in any changes in land use or density. Section 4. Publication This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen (15) days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of September 2008, and was adopted by the following vote following a second reading on the 17th day of September 2008: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Ann Waltonsmith, Mayor ATTEST: _____________________________ Ann Sullivan, Acting City Clerk 176 LOMITA ST. AVE. AVE. OAK ALOHA LN. PL. VICKERY BUTANO CODY TERR. AVE. CALLE AUDREY SMITH LN. VINE RD. VICKERY ST. MONTALVO OAKS LN. HILL 51712022 51712021 51712020 ¯ 0 75 150 300 450 600Feet 20500 Lomita Ave --517-12-020 20568 Lomita Ave --517-12-021 20550 Lomita Ave --517-12-022 From: R-1-40,000 to R-1-20,000 Legend Proposed ZA parcels Exhibit "A" -Zoning Amendment 177 MINUTES SARATOGA PLANNING COMMISSION DATE: Wednesday, July 23, 2008 PLACE: Council Chambers/Civic Theater, 13777 Fruitvale Avenue, Saratoga, CA TYPE: Regular Meeting Chair Cappello called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao Absent: Commissioner Rodgers Staff: Director John Livingstone, Contract Planner Heather Bradley, Assistant Planner Michael Fossati and Assistant City Attorney Jonathan Wittwer PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES – Regular Meeting of July 9, 2008. Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission minutes of the regular meeting of July 9, 2008, were adopted with corrections to pages 7, 16 and 19. (6-0-1; Commissioner Rodgers was absent) ORAL COMMUNICATION Mr. Tom Marantetti, Resident on Ronnie Way: • Stated that he takes issue with the carport currently under construction on a neighborhood property. • Reported that in 1994, the issue of allowing carports was was debated and both the Planning Commission and City Council agreed to put a moratorium on them in their neighborhood. • Said that, “Now, we’re back to the same ballgame again.” • Stressed that they do not want to see carports in “our” neighborhood. • Said that carports allow owners to put anything in there that they want and it’s visible from the street and ends up looking like trash from the street. • Stressed that he does not want his neighborhood to have that type of atmosphere. • Said that these carports have not been allowed for years and he would like to continue it that way. 178 Saratoga Planning Commission Minutes of July 23, 2008 Page 2 Mr. David Mather Resident on Ronnie Way: • Said that it appears that there has been a “glitch” in the processing of administrative approvals as conducted by the staff of the Community Development Department, specifically as it pertains to the construction underway at 13538 Ronnie Way. • Described the most recent administrative approval as a 700 square foot residential addition, the reorientation of the garage and a new carport. At issue is the carport. • Said that a precedent was set with a previous denial of a carport. At that time, both the Planning Commission and the City Council supported that denial. • Added that it appears that a new planner was unaware of their neighborhood’s position against carports and went ahead and approved this new carport. • Said that the approval does not meet the Design Handbook criteria for consistency with its neighborhood. • Stated that a three-car garage would have been denied on this parcel due to coverage issues. This carport in essence gives them a three-car garage. • Suggested that this issue be reviewed and the previous practice to deny carports be honored. Chair Cappello said that this issue had been raised with the Council at their joint Civic Improvement Commission meeting. It will be left in their hands. He thanked the two speakers for their comments. Ms. Vibha Gartonde, Resident on Saratoga Hills Road: • Reported that her home was constructed 10 years ago by Pinn Brothers Construction and included a basement. • Added that she gets runoff from the hill that floods the basement. • Stated that the house should not have been designed without a generator for the sump pump. • Said that she now has to install a generator and follow current City requirements. This includes an application fee of $4,700 for a Use Permit to obtain approval for a generator. • Declared that this fee should be waived or reduced • Advised that she went to Council and they cannot do anything. • Asked why a Use Permit is not necessary for pools but is for a generator. • Said that this generator should have been installed at the time of construction. • Said that she wanted the Council to consider her case. Commissioner Hlava: • Explained that the Planning Commission has no power to waive application fees. Only Council can do so. • Asked if staff could look into the requirements in placer when this home was constructed and determine whether generators were allowed at that time without the need for a Use Permit. • Said it seems unfair if that was the case Commissioner Nagpal: • Reiterated that this Commission has no authority on fees. Only Council does. 179 Saratoga Planning Commission Minutes of July 23, 2008 Page 3 • Agreed that it can be evaluated as to whether there is any other mechanism available to this property owner. If not, there is nothing this Commission can do. Chair Cappello agreed and said that it appears the speaker already raised her concerns with Council. Commissioner Nagpal asked Director John Livingstone to verify the validity of her understanding that the Commission has no authority over fees. Director John Livingstone advised that he did not recall Ms. Vibha Gartonde ever appearing at a Council meeting on this issue. Commissioner Kundtz said that if she had, the Council minutes from that meeting would reflect their direction and whether it was to come to this Commission. Chair Cappello asked if the Commission is able to do anything further on this. Director John Livingstone replied no. REPORT OF POSTING AGENDA Director John Livingstone announced that, pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on July 17, 2008. REPORT OF APPEAL RIGHTS Chair Cappello announced that appeals are possible for any decision made on this Agenda by filing an Appeal Application with the City Clerk within fifteen (15) calendar days of the date of the decision, pursuant to Municipal Code 15-90.050(b). CONSENT CALENDAR There were no Consent Calendar Items. *** Commissioner Zhao advised that as her husband has a professional affiliation with Item No. 1 she must recuse herself. She left the dais and chambers for the duration of this first item hearing. PUBLIC HEARING -ITEM NO. 1 APPLICATION #PDR07-0012 (503-78-036) BALAKRISHNAN, 21789 Villa Oaks Lane: The applicant requests Design Review Approval to construct an approximately 1,179 square foot single-story addition to the existing 5,487 square foot home located at 21789 Villa Oaks Lane. The average slope of the lot is 12.3%. The total proposed floor area would be approximately 6,666 square feet. The maximum height of the proposed building will not exceed the 26-foot 180 Saratoga Planning Commission Minutes of July 23, 2008 Page 4 height limit. The maximum impervious coverage will not exceed the allowable 15,000 square feet. The lot size is approximately 144,184 square feet and the site is located in the HR zoning district. Design Review Approval is required pursuant to Saratoga Municipal Code Section 15-45.060. Ms. Heather Bradley, Contract Planner, presented the staff report as follows: • Distributed some written material explaining that this material pertains to a pending Fence Exception for this project site that will be brought back before this Commission at its meeting of August 13, 2008. It was not advertised as part of tonight’s item. • Explained that the applicant is seeking Design Review Approval for the construction of a 1,179 square foot, single-story addition to a 5,487 square foot existing residence. This exceeds the 6,000 square foot maximum that triggers the requirement for Design Review Approval by the Planning Commission per Section 15-45.060. • Said that the maximum height would be 21 feet. The total impervious surface would be 10,476 square feet. • Advised that the lot size is 144,000 square feet and the zoning is HR. • Said that no ordinance-sized trees are affected by this proposal. • Stated that the project is Categorically Exempt under CEQA. • Recommended approval and distributed a materials board. Commissioner Nagpal asked about the trail and whether preservation of the oaks has been discussed along with the need to realign the trail. Planner Heather Bradley: • Reported that the trail is not proposed for realignment. It has been accepted as constructed. • Added that the actual trail easement doesn’t appear to fall around the physical boundaries of the trail. • Said that a condition is proposed that asks the applicant to remove the existing trail easement and re-record a new easement to coincide with the physical trail that is constructed on the property. Commissioner Nagpal asked if Public Works is fine with that. Planner Heather Bradley replied correct. Chair Cappello opened the public hearing for Agenda Item No. 1. Mr. Balu Balakrishnan, Applicant: • Said that he is a resident on Villa Oaks Lane. • Thanked the Planning Commission for its site visit the previous day. • Reported that his neighbors are positive and encouraging about these plans as they are aesthetically appealing, not visible from the street and adds value to the neighborhood. • Advised that the design was done by the original architect and is consistent with the rest of the house. 181 Saratoga Planning Commission Minutes of July 23, 2008 Page 5 • Agreed to correct the trail easement on the map, if necessary, to reflect the actual location of the trail, and to re-record the updated map. • Said that an Exception for a fence is to be considered by this Commission on August 13, 2008. • Requested approval of the building addition. Ms. Marilyn Riding, Resident on Villa Oaks Lane: • Said she is here representing herself, her husband and her neighbors, the Liskys. • Said that they are the most affected by this addition and they have no objections to it. • Explained that she lives across the street and her house is elevated and overlooks this property. • Reported that this property has turned into a beautiful swain over the last couple of years. • Declared that they are fully in favor of approving this addition. Chair Cappello closed the public hearing for Agenda Item No. 1. Commissioner Nagpal thanked Mr. Balu Balakrishnan for the site visit and said she is comfortable making all the findings. She added that this is a beautiful piece of property and she is ready to make a motion. Commissioner Hlava: • Said that she too can make the findings to support this project. • Asked if the easement relocation would void the need to move the wrought iron fence. • Added, if so, why the need for an encroachment permit. Planner Heather Bradley said that this condition reflects standard Public Works language. Commissioner Hlava expressed confusion over the language, particularly whether the encroachment permit is necessary if the easement is relocated. Planner Heather Bradley said that it is the applicant’s choice to have an option to relocate the fence in the event that relocating the easement would be cost prohibitive. She suggested that perhaps this condition could be moved into the Public Work’s conditions section. City Attorney Jonathan Wittwer said he has some edits to the draft resolution including adding a word in Condition 16, “… new improvements…” Commissioner Hlava suggested that Condition 4 should read, “The applicant shall relocate the easement prior to final Building approval or remove the existing wrought iron fence within the pedestrian/equestrian easement.” City Attorney Jonathan Wittwer agreed. Commissioner Hlava suggested relocating this condition under Public Works. City Attorney Jonathan Wittwer: 182 Saratoga Planning Commission Minutes of July 23, 2008 Page 6 • Agreed that it would be good to include this under Public Works conditions. It would be clearer if they were together (Conditions 4 and 16). • Said that other recommended changes to the draft resolution include: o Condition 3 – add “inspection.” o Condition 6 – add “inspection.” o Item 15 – add text as follows: “…matter, the exemption from CEQA is approved, and the required findings are made and application PDR07-0072 is approved.” Motion: Upon motion of Commissioner Nagpal, seconded by Commissioner Hlava, the Planning Commission granted Design Review Approval to allow an approximately 1,179 square foot addition to an existing residence located at 21789 Villa Oaks Lane, with conditions as modified by the City Attorney including relocating Condition 4 to the Public Work’s conditions section, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz and Nagpal NOES: None ABSENT: Rodgers ABSTAIN: Zhao *** Commissioner Zhao returned to the dais and meeting after the conclusion of Item No. 1. PUBLIC HEARING -ITEM NO. 2 APPLICATION #MOD08-0002 (517-09-018) CROWN CASTLE, 14410 Big Basin Way: The applicant requests approval for a Modification of an existing Conditional Use Permit for the installation of a wireless telecommunications facility for Metro PCS, consisting of three antennas enclosed in a 16-inch diameter radome on the roof of an existing commercial building located at 14410 Big Basin Way. The existing Use Permit for the site is for an unmanned telecommunications Hub Facility to support wireless carriers. Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Advised that the applicant is seeking approval of a Modification to an existing Conditional Use Permit. • Said that this item is Categorically Exempt under CEQA per Section 15.303, Class 3. • Reported that the Use Permit for this site allowed a wireless telecommunications facility on an existing commercial building. Tonight’s request is a modification to to that. • Described the request as including three wireless antennas in one radome, which is a closed cylinder used to protect the antennas from the elements. The equipment is supported from within the building. The antenna would be painted to match the existing building. An existing parapet shields a major portion of this equipment from view from the public right-of-way. • Reminded that in July 2007, a Use Permit for a similar facility was approved for a site directly across the street. That installation was never built. If this site were built, the site across the street would not be needed. 183 Saratoga Planning Commission Minutes of July 23, 2008 Page 7 • Stated that no negative comments have been received and that the findings can be made to support this application. Commissioner Kundtz asked for verification of the tripod height versus the cylinder height for a total height. It appears that the tripod is nine feet tall and the cylinder is five feet tall. Is the total height nine feet or 14 feet? Planner Michael Fossati said the total is 14 feet. Commissioner Nagpal asked if some of the tripod height is buried under the parapet. Planner Michael Fossati deferred to the applicant. Commissioner Hlava: • Said that there is already an approved site across the street and they want to replace that site with this one. • Stated that she does not want to see two sites across the street from each other and wants something added to the resolution to prevent that from happening. • Added that she prefers this new site to the previous site approved. • Asked if it is possible to take away the approval from the other site. Commissioner Kundtz suggested deferring this question to the applicant. Commissioner Kumar reminded that the applicant has already stated that they don’t need the other site that is already approved if this one is approved instead. Chair Cappello asked if a generator would be installed with this project. Planner Michael Fossati said that the generator is already there. Chair Cappello opened the public hearing for Agenda Item No. 2. Commissioner Kundtz said it appears that there is a five-foot dimension from the top of the tripod to the top of the cylinder and the tripod seems to be four feet not nine. Ms. Leah Hernover, Representative from Crown Castle: • Reported that the height above the roof parapet equals about five feet. It is eight feet above the front wall of the Starbuck’s building. • Said that having a condition added requiring painting the tripod to match the building is a good suggestion. They are happy to do that. • Said that a requirement to abandon the other site across the street is acceptable. Commissioner Kundtz asked how many Metro PCS sites there are in the City of Saratoga. Ms. Leah Hernover said that there are seven, five existing and two currently under construction. This site would be the eighth. 184 Saratoga Planning Commission Minutes of July 23, 2008 Page 8 Commissioner Nagpal asked about the existing Use Permit on this site. Director John Livingstone said that it is the hub for the site. This is a co-location processed as a Modification. Commissioner Nagpal said she wants to be sure that the Use Permit for across the street would be abandoned if this site were approved instead. Chair Cappello asked Ms. Leah Hernover what Metro PCS’s future plans are for Saratoga. Ms Leah Hernover said that this site is the last one needed Chair Cappello said the coverage grid appears to be sufficient. Chair Cappello closed the public hearing for Agenda Item No. 2. Commissioner Kundtz: • Said that he is happy to approve this as long as the applicant no longer pursues the previously approved Use Permit site across the street. • Said that the pipe should be painted to match the building parapet and it will get lost. There is no need for plants or a box, just paint. Commissioner Hlava asked if there is language to deal with the older Use Permit. City Attorney Jonathan Wittwer: • Suggested Condition 1 to read, “UP 06-005 is modified to allow the construction and use as shown on Exhibit A, dated 5/19/2008, on file with the City. Any and all prior approvals of wireless facilities within this Use Permit are hereby rescinded.” • Added to Section 1 of the draft resolution, “...matter, the exemption from CEQA is approved, the required findings are made, and the application…” • Add a condition that “Antenna is to be painted to match the existing building color. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Kundtz, the Planning Commission approved a Modification of an existing Conditional Use Permit to allow for the installation of a wireless telecommunications facility for Metro PCS consisting of three antennas enclosed in a 16-inch diameter radome on the roof of an existing commercial building located at 14410 Big Basin, with conditions as amended above, by the following roll call vote: AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao NOES: None ABSENT: Rodgers ABSTAIN: None *** PUBLIC HEARING -ITEM NO. 3 185 Saratoga Planning Commission Minutes of July 23, 2008 Page 9 APPLICATION #ZOA08-0001 (517-12-020, 517-12-021, 512-12-022) CITY OF SARATOGA, 20500/20568/20550 Lomita Avenue: The proposed project includes amending the zoning designation of 20500/20568/20550 from R-1-40,000 to R-1-20,000. Pursuant to Saratoga Municipal Code Section 15-85.050, the Planning Commission shall hold at least one public hearing on the proposed amendment. Following the conclusion of the public hearing, the Planning Commission shall determine whether the proposed amendment should be adopted. Mr. Michael Fossati, Assistant Planner, presented the staff report as follows: • Advised that this City-initiated Zoning Amendment is Categorically Exempt under CEQA per Section 15-305, Class J. • Reminded that in 2006/07, the City initiated a rezoning of three properties (20500/20568/20550 Lomita Avenue) from R-1-40,000 to R-1-20,000. This change was recommended by the Planning Commission and adopted by Council. • Said that it was not properly posted by Council thus nullifying the approval and it is back. • Explained that this amendment would create three legal conforming lots for the parcels (20500/20568/20550 Lomita Avenue) that are currently non-conforming. They consist of lots with between 20,000 and 30,000 square feet with an assigned zoning designation intended for lots at or above 40,000 square feet. • Said that this amendment would be consistent with the General Plan’s designation of Residential-Low Density. • Informed that property owners were notified. One owner brought up the fact that six years ago, he was made to conform to the R-1-40,000 standards for an addition. The requirements are more restrictive than would have been the case using the R-1-20,000 requirements. • Said that no negative comments were received. Staff was able to speak with two of the three affected property owners. • Said that there are no findings. • Added that general State law calls for consistency between Zoning and General Plan. Commissioner Kundtz read the addresses into the record as 20500 Lomita Avenue, 20568 Lomita Avenue and 20550 Lomita Avenue. Commissioner Nagpal asked if this is the first of four General Plan changes allowed each year. City Attorney Jonathan Wittwer clarified that this is not a General Plan Amendment but rather a zoning designation change. Chair Cappello opened the public hearing for Agenda Item No. 3. Chair Cappello closed the public hearing for Agenda Item No. 3. Motion: Upon motion of Commissioner Hlava, seconded by Commissioner Nagpal, the Planning Commission recommended approval of a zoning designation change from R-1-40,000 to R-1-20,000 for three parcels located at 20500/20568/20550 Lomita Avenue, by the following roll call vote: 186 Saratoga Planning Commission Minutes of July 23, 2008 Page 10 AYES: Cappello, Hlava, Kumar, Kundtz, Nagpal and Zhao NOES: None ABSENT: Rodgers ABSTAIN: None *** DIRECTOR’S ITEMS There were no Director’s Items. COMMISSION ITEMS There were no Commission Items. COMMUNICATIONS There were no Communications Items. ADJOURNMENT TO NEXT MEETING Upon motion of Commissioner Kundtz, seconded by Commissioner Nagpal, Chair Cappello adjourned the meeting at approximately 7:56 p.m. MINUTES PREPARED AND SUBMITTED BY: Corinne A. Shinn, Minutes Clerk 187 RESOLUTION NO. 08-033 APPLICATION NO. ZOA08-0001 RESOLUTION OF THE CITY OF SARATOGA PLANNING COMMISSION RECOMMENDING A ZONING MAP AMENDMENT TO CHANGE THE ZONING OF PARCELS 517-12-020, 517-12-021, AND 517-12-022 FROM R-1-40,000 TO R-1-20,000 WHEREAS, the City of Saratoga has initiated a Zoning Amendment to change the zoning designation of Assessors parcels 517-12-020, 517-12-021 and 517-12-022 from R-1-40,000 to R-1-20,000; and WHEREAS, the Planning Commission held a duly noticed Public Hearing at which time all interested parties were given a full opportunity to be heard and to present evidence regarding this amendment; and WHEREAS, the subject Zoning Amendment is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305, “Minor Alterations in Land Use Limitations”. This exemption allows for minor alterations in land use limitations, which do not result in any changes in land use or density; and WHEREAS, the proposed Zoning Amendment would change the land use designation on these parcels in the City as illustrated in Exhibit “A” attached hereto and incorporated herein by this reference; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Saratoga hereby recommends approval to the City Council of a Zoning Amendment reclassifying the Zoning District designation from R-1-40,000 to R-1-20,000 for the three (3) parcels known as Assessors parcels 517-12-020, 517-12-021 and 517-12-022 and shown on Exhibit “A” attached hereto and incorporated herein by this reference. PASSED AND ADOPTED by the City of Saratoga Planning Commission this 23rd day of July 2008 by the following roll call vote: AYES: NOES: ABSENT: ________________________________ Manny Cappello, Chair, Planning Commission ATTEST: ________________________________ John Livingstone, AICP Secretary, Planning Commission 188 AFFIDAVIT OF MAILING NOTICES I, Abby Ayende , being duly sworn, deposes and says: that I am a citizen of the United States, over the age of 18 years; that acting for the City of Saratoga Planning Commission on the 13th day of August , 2008, that I deposited 81 Notices in the United States Post Office, a NOTICE OF HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the following persons at the addresses shown, to-wit: (See list attached hereto and made part hereof) that said persons are the owners of said property who are entitled to a Notice of Hearing pursuant to Section 15-85.050(a) of the Zoning Ordinance of the City of Saratoga in that said persons and their addresses are those shown on the most recent equalized roll of the Assessor of the County of Santa Clara as being owners of property within 500 feet of the property described as: APN: 517-12-020, 517-12-021, 517-12-022 Address: 20500, 20568, & 20550 Lomita Avenue that on said day there was regular communication by by United States Mail to the addresses shown above. ____________________________ Abby Ayende Office Specialist III 189 NOTICE OF PUBLIC HEARING The City of Saratoga’s City Council announces that a public hearing regarding the ordinance described below will be held at the regular City Council meeting scheduled for: Wednesday, the 3rd day of September, 2008, at 7:00 p.m. The public hearing will be held in the City Hall Theater located at 13777 Fruitvale Avenue. Details of this item are available at the Saratoga Community Development Department during regular City business hours (Generally Monday through Friday 7:30 a.m. – 5:00 p.m. City Office are closed alternate Fridays; please consult the City website at www.saratoga.ca.us regarding Friday office closures.) ORDINANCE DESCRIPTION: The proposed ordinance would change the zoning of 20500 Lomita Avenue, 20568 Lomita Avenue, and 20550 Lomita Avenue from the R-1-40,000 zoning district to the R-1-20,000 zoning district. Properties located in the R-1-40,000 zoning district generally have lot sizes greater than 40,000 square feet. The Lomita properties discussed in the proposed amendment are located in the R-1-40,000 zoning district, yet have lot sizes between 20,000 to 40,000 square feet. Staff believes situating the Lomita properties into an R-1-20,000 zoning district is appropriate because properties located in the R-1-20,000 zoning district generally have lot sizes between 20,000 to 40,000 square feet. APPLICATION/ADDRESS: ZOA08-0001 /20500 Lomita Avenue, 20568 Lomita Avenue, and 20550 Lomita Avenue APPLICANT: City of Saratoga APN: 517-12-020, 517-12-021, 517-12-022 In addition to this published notice, this notice has been sent to all owners of property within 500 feet of the project that is the subject of this notice. The City uses the official roll produced by the County Assessor’s office annually, in preparing its notice mailing lists. All interested persons may appear and be heard at the above time and place. If you challenge the subject project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to, the public hearing. In order for information to be included in the City Council’s information packets, written communications should be filed on or before the Monday two weeks prior to the meeting date. A copy of any material provided to the City Council may be obtained at 13777 Fruitvale Avenue, Saratoga, CA. Questions may be addressed to the City Clerk, (408) 868-1269. 190 July 7, 2008 500' Ownership Listing Prepared for: 517-12-020, 21, 22 20500, 20568, & 20550 LOMITA AVE SARATOGA CA 95070 517-08-029 CHERI-JEANNE KINLEY-BARCO OR CURRENT OWNER 20588 KOMINA AVE SARATOGA CA 95070-6022 517-08-030 ARTHUR & HAZELMARI ANDERSON OR CURRENT OWNER 20574 KOMINA AVE SARATOGA CA 95070-6022 517-08-031 ROY S & HELEN CAMERON OR CURRENT OWNER 20560 KOMINA AVE SARATOGA CA 95070-6022 517-08-032 JOHN J & ALEDA COOK OR CURRENT OWNER 20550 KOMINA AVE SARATOGA CA 95070-6022 517-08-033 JEFFREY M & ANNE VEIS OR CURRENT OWNER 20540 KOMINA AVE SARATOGA CA 95070-6022 517-08-034 BYONGMOO & HYEJEONG HAN OR CURRENT OWNER 14755 ALOHA AVE SARATOGA CA 95070-6006 517-08-035 DEBORAH BIONDOLILLO OR CURRENT OWNER 14771 ALOHA AVE SARATOGA CA 95070-6006 517-08-036 PAMELA R MILES-CLERKIN OR CURRENT OWNER 20601 LOMITA AVE SARATOGA CA 95070-6023 517-08-037 STEVEN & HEATHER METZ OR CURRENT OWNER 20611 LOMITA AVE SARATOGA CA 95070-6023 517-08-038 ALAN H ROSENUS OR CURRENT OWNER 20621 LOMITA AVE SARATOGA CA 95070-6023 517-08-039 RIEKEN FAMILY TRUST OR CURRENT OWNER 20633 LOMITA AVE SARATOGA CA 95070-6023 517-08-040 NAST FAMILY OR CURRENT OWNER 20645 LOMITA AVE SARATOGA CA 95070-6023 517-10-023 PERRY G & PATRICIA CONSTANTINE OR CURRENT OWNER 14725 ALOHA AVE SARATOGA CA 95070-6005 517-10-024 YAOLUN JIANG OR CURRENT OWNER 14735 ALOHA AVE SARATOGA CA 95070-6005 517-10-025 DANIEL L & CAROLYN CASAS OR CURRENT OWNER 20545 KOMINA AVE SARATOGA CA 95070-6021 517-10-036 Saratoga Tennis Club PO BOX 202 SARATOGA CA 95071 517-11-041 ANNA K ASELTINE OR CURRENT OWNER 20545 LOMITA AVE SARATOGA CA 95070-6060 517-11-042 RAY FAMILY TRUST OR CURRENT OWNER 20561 LOMITA AVE SARATOGA CA 95070-6060 517-11-043 DAVID G & DEBORAH LEMIRE OR CURRENT OWNER 14774 ALOHA AVE SARATOGA CA 95070-6007 517-11-044 LARRY & CAROL SCHUSTER OR CURRENT OWNER 14760 ALOHA AVE SARATOGA CA 95070-6007 517-11-045 CHANDRA S GUPTA OR CURRENT OWNER 14746 ALOHA AVE SARATOGA CA 95070-6007 517-11-046 KARAGADA R KISHORE OR CURRENT OWNER 14732 ALOHA AVE SARATOGA CA 95070-6007 517-11-047 PETER S & KAREN NOSE OR CURRENT OWNER 14718 ALOHA AVE SARATOGA CA 95070-6007 517-11-056 JOHN LUND OR CURRENT OWNER 14805 VICKERY AVE SARATOGA CA 95070-6034 191 517-11-057 ARDALAN HESHMATI OR CURRENT OWNER 14811 VICKERY AVE SARATOGA CA 95070-6034 517-11-058 JENNIFER R DICKSON OR CURRENT OWNER 14817 VICKERY AVE SARATOGA CA 95070-6034 517-11-059 MICHAEL C & ANNIE SHEBANOW OR CURRENT OWNER 14823 VICKERY AVE SARATOGA CA 95070-6034 517-12-004 KATHLEEN BOYD OR CURRENT OWNER 14732 OAK ST SARATOGA CA 95070-6058 517-12-009 JAMES H & JANE HOPKINS OR CURRENT OWNER 20650 LOMITA AVE SARATOGA CA 95070-6024 517-12-010 JEAN BOGOSIAN OR CURRENT OWNER 20630 LOMITA AVE SARATOGA CA 95070-6024 517-12-011 MICHAEL J & SUSAN MCCHESNEY OR CURRENT OWNER 20620 LOMITA AVE SARATOGA CA 95070-6024 517-12-012 JUDE S BARNES OR CURRENT OWNER 20610 LOMITA AVE SARATOGA CA 95070-6024 517-12-020 MICHAEL T & KATHY NOLAN OR CURRENT OWNER 20500 LOMITA AVE SARATOGA CA 95070-6088 517-12-021 BONN OF CRAMER 1990 OR CURRENT OWNER 20568 LOMITA AVE SARATOGA CA 95070-6088 517-12-022 JOHN A & ZOE SAUNDERS OR CURRENT OWNER 20550 LOMITA AVE SARATOGA CA 95070-6088 517-12-026 GIVENS FAMILY OR CURRENT OWNER 20536 LOMITA AVE SARATOGA CA 95070-6088 517-12-027 DICKSON OR CURRENT OWNER 20544 LOMITA AVE SARATOGA CA 95070-6088 517-12-028 PAMELA T LAVIN OR CURRENT OWNER 20522 LOMITA AVE SARATOGA CA 95070-6088 517-12-029 HOC ASSOCIATES INC 6345 JANARY WAY SAN JOSE CA 95129-3967 517-12-030 JOHN C & BEVERLEY DARLINGTON OR CURRENT OWNER 20604 LOMITA AVE SARATOGA CA 95070-6024 517-12-031 DENNIS A & JILL HUNTER OR CURRENT OWNER 20606 LOMITA AVE SARATOGA CA 95070-6024 517-12-033 JOHN H & TRACY PURVIS OR CURRENT OWNER 20602 LOMITA AVE SARATOGA CA 95070-6024 517-12-034 MICHAEL C & STEPHANIE INGSTER OR CURRENT OWNER 20600 LOMITA AVE SARATOGA CA 95070-6024 517-12-036 SARATOGA CEMETERY DIST SCC 14766 OAK ST SARATOGA CA 95070-6058 517-13-040 ROBERSON OR CURRENT OWNER 16208 CUVILLY WAY SARATOGA CA 95070-6377 517-13-041 MATTHEW & CATHY KANSKY 1311 ARBOR AVE LOS ALTOS CA 94024-5332 517-18-007 J & ANITA MONTGOMERY PO BOX 401 SARATOGA CA 95071-0401 517-18-018 CALVIN W & E THOMSON OR CURRENT OWNER 14931 VICKERY AVE SARATOGA CA 95070-6345 517-18-028 ALAIN A COUDER OR CURRENT OWNER 14941 VICKERY AVE SARATOGA CA 95070-6345 517-18-029 JAISHANKAR & SATHI MENON OR CURRENT OWNER 14921 VICKERY AVE SARATOGA CA 95070-6345 517-18-030 WILLIAM T CLEARY OR CURRENT OWNER 20645 MONTALVO HEIGHTSDR SARATOGA CA 95070-6337 517-18-031 JUDITH L & GERALD BUTLER 20622 MONTALVO HEIGHTS DR SARATOGA CA 95070-6364 517-18-033 LARRY R & JACQUELYN HESTER OR CURRENT OWNER 20634 VICKERY AVE SARATOGA CA 95070-6347 517-18-041 WILLIAM T CLEARY OR CURRENT OWNER 20645 MONTALVO HEIGHTSDR SARATOGA CA 95070-6337 192 517-18-048 CARRIE S & DAVID ARATA OR CURRENT OWNER 20400 HILL AVE SARATOGA CA 95070-6329 517-18-054 SAN JOSE WATER WORKS ACCOUNTING 374 W SANTA CLARA ST SAN JOSE CA 95113-1502 517-18-055 SAN JOSE WATER WORKS ACCOUNTING 374 W SANTA CLARA ST SAN JOSE CA 95113-1502 517-18-063 DAVID W & CHRISTINE PIDWELL OR CURRENT OWNER 20628 VICKERY AVE SARATOGA CA 95070-6347 517-19-001 J & ANITA MONTGOMERY PO BOX 401 SARATOGA CA 95071-0401 517-19-027 KEITH D & JANET MILLER OR CURRENT OWNER 14900 VICKERY AVE SARATOGA CA 95070-6320 517-19-028 RUSSELL HULME 1297 SALVATORE CT SAN JOSE CA 95120 517-19-042 J & LAURA ELLIS 14401 W FUTURA DR SUN CITY WEST AZ 85375-5931 517-19-043 NANCY NGUYEN OR CURRENT OWNER 14910 VICKERY AVE SARATOGA CA 95070-6320 517-19-060 MARK & MARGARET TOLLIVER OR CURRENT OWNER 20410 MONTALVO OAKS PL SARATOGA CA 95070-6343 517-19-062 OLLE & CATHERINE HALLENGREN OR CURRENT OWNER 20420 MONTALVO OAKS PL SARATOGA CA 95070-6343 517-19-066 PAUL MASON OR CURRENT OWNER 20416 MONTALVO OAKS PL SARATOGA CA 95070-6343 517-19-067 BLAIR L & BARBARA JOHNSON OR CURRENT OWNER 14891 VINE ST SARATOGA CA 95070-6338 517-19-078 WILLIAM H & BARBARA AVERY OR CURRENT OWNER 14917 VINE ST SARATOGA CA 95070-6338 517-19-080 CHRISTOPHER & CYNTHIA ALLEN OR CURRENT OWNER 20415 MONTALVO OAKS PL SARATOGA CA 95070-6343 517-19-083 RAJIV & RITU BATRA OR CURRENT OWNER 28020 AUDREY SMITH LN SARATOGA CA 95070-6367 517-19-084 JACK J SMITH PO BOX 3449 SARATOGA CA 95070-1449 517-27-001 KAMALJIT S & NEEMUN ANAND OR CURRENT OWNER 20501 LOMITA AVE SARATOGA CA 95070-6061 517-27-002 HENDERSON OR CURRENT OWNER 14830 VICKERY AVE SARATOGA CA 95070-6051 517-27-003 BARRY C & MARY MARSH OR CURRENT OWNER 14801 BUTANO TER SARATOGA CA 95070-6017 517-27-004 WILLIAM A & JERRI OLIVARI OR CURRENT OWNER 14791 BUTANO TER SARATOGA CA 95070-6017 517-27-005 RUSSELL HULME 1297 SALVATORE CT SAN JOSE CA 95120-2763 517-27-006 EDMUND K PORTER OR CURRENT OWNER 14790 BUTANO TER SARATOGA CA 95070-6017 517-27-007 WILLIAM S & ELIZABETH MCKIERNAN OR CURRENT OWNER 14800 BUTANO TER SARATOGA CA 95070-6017 CITY OF SARATOGA ATTN: Michael Fossati 13777 FRUITVALE AVENUE SARATOGA CA 95070 Advanced Listing Services P.O. Box 2593 Dana Point CA 92624 Northern California Carpenters Regional Council Alex Lantsberg, Research Dept. 265 Hegenberger Rd., Suite 220 Oakland, CA 94621 193 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager CITY MANAGER: Dave Anderson PREPARED BY: Richard Taylor, City Attorney DIRECTOR: Dave Anderson ________________________________________________________________________ SUBJECT: Ordinance establishing various standards for State Video Franchisees operating in Saratoga including a fee to support public, educational and governmental programming in Saratoga ________________________________________________________________________ RECOMMENDED ACTION: Conduct public hearing regarding standards and fees for State Video Franchisees operating in Saratoga and introduce and waive first reading of ordinance regarding and direct staff to place ordinance on consent calendar for final adoption. REPORT: The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) replaced local government franchise authority over video service providers such as Comcast and AT&T with a requirement that such providers obtain a franchise from the State Public Utilities Commission. Existing franchises were allowed to operate under their terms until expiration. The City’s franchise with Comcast expires September 30, 2008 and Comcast has applied to the PUC for a franchise allowing it to operate in Saratoga. In anticipation of this change in regulatory status, the attached ordinance amends the City Code to implement DIVCA. The attached ordinance would confirm that the five percent franchise fee required by State law applies in Saratoga and would establish the fee authorized by state law to support public, educational and governmental (“PEG”) programming in Saratoga. The franchise fee is set by DIVCA at five percent. The PEG fee in Saratoga may be up to one percent (1%). The attached ordinance uses these figures. The ordinance also includes provisions consistent with DIVCA to promote interconnection of PEG programming providers (e.g., KSAR) with video service providers. DIVCA also allows cities to establish penalties for violations of DIVCA’s customer service standards. The City earlier adopted an ordinance implementing this provision of DVCA. The attached ordinance retains the earlier penalties approved by the City Council but reorganizes the code section in which they appear. The substantive text of the ordinance regarding 1 194 2 customer service standards is unchanged. The five percent franchise fee is comparable to that being paid by Comcast under the terms of its expiring franchise agreement with the City. These fees are used to support the general fund. The PEG fee will be a new source of revenue that the City can allocate to designated PEG providers and other qualified PEG expenses. ALTERNATIVES: The City Council could decline to adopt the ordinance and allow video services to be provided in the City without City regulation or fees. FISCAL IMPACTS: The PEG fee would be a new source of revenue to the City. FOLLOW UP ACTION(S): If introduced, place ordinance on consent calendar for adoption September 17, 2008. ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice was published in the Saratoga News on August 20 and August 27. 195 Page 1 of 6 Ordinance No. _____ ORDINANCE _______ AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING VIDEO SERVICE STANDARDS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. The City Council finds and declares as follows: A. The Digital Infrastructure and Video Competition Act of 2006 (DIVCA) was signed into law on September 30, 2006 authorizing video service providers to operate in California cities and elsewhere in the state pursuant to a franchise issued by the State Public Utilities Commission. B. DIVCA establishes that local entities, such as the City of Saratoga are responsible for administration and implementation of certain provisions of DIVCA. C. DIVCA imposes a franchise fee of five percent to be paid to the local government where video services are being provided and authorizes local governments to establish, by ordinance, financial support provisions for Public, Educational and Governmental Access (PEG) channel facilities. D. The City has earlier adopted adopted the DIVCA’s customer service standards applicable to video service operators and set a schedule for penalties to be imposed in the event of a material breach of state law. E. The City wishes to add to the earlier adopted provisions regarding customer service standards new provisions regarding the state franchise fee and PEG programming. F. The City Council held a duly notice public hearing on September 3, 2008 at which all persons had an opportunity to be heard and following consideration of all testimony and written materials presented to the City Council determined that adoption of this ordinance is in the public interest. Section 2. Adoption. 196 Page 2 of 6 Ordinance No. _____ The Saratoga City Code is hereby amended by repealing Article 4-26 in its entirety and replacing it with the text shown below: Article 4-26 VIDEO SERVICES 4-26.010 Purpose and Definitions. This Article implements the the Digital Infrastructure and Video Competition Act of 2006 (the “Act”, Public Utilities Code § 5800 et seq.). All terms used in this article shall be defined as defined by that Act or this Code; in the event a term is defined in the Act and this Code, the definition in the Act shall apply to this section. 4-26.020 Applicability. This Article applies to all video service providers serving Saratoga residents pursuant to a state franchise. 4-26.030 Customer Service Standards. (a) All video service providers subject to this Article shall comply with the customer service standards mandated by section 5900 of the Public Utilities Code and with the requirements of Section 53088.2(e) of the Government Code concerning standards for answering customer calls for installation, service, and complaints. (b) Monetary penalties may be assessed for a material breach of those standards unless the breach is out of the reasonable control of the video service provider. One half of each penalty collected shall be submitted to the Digital Divide Account established by the Act. The penalties shall be as follows: (1) Five-hundred dollars ($500) for each day of material breach, but not to exceed one-thousand five-hundred dollars ($1,500) for each occurrence of a material breach. (2) Notwithstanding subsection (1) above, if notice has been provided and a penalty has been assessed pursuant to subsection (1) above and a subsequent material breach of the same nature occurs within 12 months, an amount of one-thousand dollars ($1,000) shall be assessed for each day of each material breach, not to exceed 197 Page 3 of 6 Ordinance No. _____ three-thousand dollars ($3,000) for each occurrence of the material breach. (3) Notwithstanding subsections (1) and (2), above, if notice has been provided and a fine or penalty has been assessed pursuant to subsection (2), above, and a third or further material breach of the same nature occurs within 12 months of the original breach, an amount of two-thousand five-hundred dollars ($2,500) shall be assessed for each day of each material breach, not to exceed seventhousand five-hundred ($7,500) for each occurrence of the material breach. (c) Prior to assessing any penalty pursuant to this Article, the City shall notify the video service provider of the alleged material breach and allow the video service provider at least 30 days from receipt of the notice to remedy the specified material breach. 4.26-040 State Franchise Fee. Any state franchise holder operating within the City shall pay to the City a state franchise fee equal to five percent of the gross revenues of it or any affiliate that are subject to a franchise fee under California Public Utilities Code Section 5860. 4-26.050 Public, Educational and Governmental Programming. (a) Each state franchise holder, and each incumbent cable operator operating under a City franchise issued prior to December 31, 2006 shall negotiate in good faith to interconnect their networks for the purpose of providing PEG programming. Interconnection may be accomplished by any means authorized under Public Utilities Code Section 5870(h). Each state franchise holder and incumbent cable operator shall provide interconnection of PEG channels on reasonable terms and conditions and may not withhold the interconnection. If a state franchise holder and an incumbent cable operator cannot reach a mutually acceptable interconnection agreement, the City may require the incumbent cable operator to allow the state franchise holder to interconnect its network with the incumbent cable operator’s network at a technically feasible point on the state franchise holder’s network as identified by the state franchise holder. If no technically feasible point for interconnection is available, each state franchise holder will make an interconnection available to each channel originator providing PEG 198 Page 4 of 6 Ordinance No. _____ programming to an incumbent cable operator, and will provide the facilities necessary for the interconnection. The cost of any interconnection will be borne by the state franchise holder requesting the interconnection unless otherwise agreed to by the state franchise holder and the incumbent cable operator. The City reserves the right to request that state video franchise holders designate and activate PEG channels on their networks in accordance with the rules set forth in section 5870 of the California Public Utilities Code. A state video franchise holder shall provide an additional PEG channel when the standards set forth in section 5870(d) of the California Public Utilities Code are satisfied. (b) Any state franchise holder operating within the City shall pay to the City a fee to support public, educational, and governmental programming (“PEG Fee”) equal to one percent of the gross revenues of it or any affiliate that are subject to a franchise fee under California Public Public Utilities Code Section 5860. 4-26.060 Payment of fees. The state franchise fee and the PEG fee shall each be paid to the City quarterly, in a manner consistent with California Public Utilities Code Section 5860. The state franchise holder shall deliver to the City, by check or other means specified by the City, a payment for the state franchise fee and a separate payment for the PEG fee not later than fortyfive (45) days after the end of each calendar quarter. Each payment made shall be accompanied by a report, detailing how the payment was calculated, containing such information as the city manager may require consistent with DIVCA. Unless the City Manager provides otherwise, the summary statement shall identify: (a) revenues received from subscribers, by category, with service revenues broken out by service levels; (b) any charges to subscribers for which revenues were received, but on which a franchise fee was not paid; and (c) where the fee is paid on an allocated portion of revenues received, the total revenues received; the allocation factor; and how the allocation factor was calculated. In the event a state franchise holder fails to make payments required by this Article on or before the due dates specified, the city may, to the extent consistent with state law, impose a late charge at the rate per year equal to the highest prime lending rate during the period of delinquency, plus one percent. 4-26.070 Audits. The City may audit the business records of the holder of a state franchise in a manner consistent with California Public Utilities Code 199 Page 5 of 6 Ordinance No. _____ Section 5860(i). 4-26.080 Notices. Each state franchise holder or applicant for a state franchise shall file with the City a copy of all applications or notices that the state franchise holder or applicant is required to file with the public utilities commission. Unless otherwise specified in this chapter, all notices or other documentation that a state franchise holder is required to provide to the City under this Division 6 or the California Public Utilities Code shall be provided to the City Manager. Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, subparagraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 4. Publication. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. ////////The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 3rd day of September, 2008, and was adopted by the following vote following a second reading on the 17th day of September, 2008: 200 Page 6 of 6 Ordinance No. _____ AYES: ________________________________________ NOES: ________________________________________ ABSENT: ________________________________________ ________________________ _____________ Ann Waltonsmith MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: ____________________________________ Ann Sullivan ACTING CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: ____________________________________ Richard Taylor CITY ATTORNEY 201 SARATOGA CITY COUNCIL MEETING DATE: August 25, 2008 AGENDA ITEM: DEPARTMENT: Community Development CITY MANAGER: Dave Anderson PREPARED BY: Christopher A. Riordan, AICP DIRECTOR: John Livingstone, AICP SUBJECT: APCC08-0003 – Appeal of a decision by the Planning Commission granting approval of a Mitigated Negative Declaration, a Design Review application, and a modification to a Conditional Use Permit with a Variation from Standards for the proposed construction of a new 3,994 square foot church building on the approximately 3.1 acre project site located at 18870 Allendale Avenue. RECOMMENDED ACTION: Staff recommends the City Council open the public hearing on this item, accept public comments, close the public hearing, and continue the item to the meeting of September 17, 2008. DISCUSSION: Project History The appeal of the Planning Commission’s approval of the project was filed on July 9, 2008 on behalf of the Saratoga Neighborhood Task Force. This task force is comprised of residents who are neighbors of Saint Archangel Michael Serbian Orthodox Church. On August 14, 2008, a member of the Saratoga Neighborhood Task Force submitted a request for a continuance of this item to the meeting of September 17, 2008. ATTACHMENTS: 1. Appeal letter from Project Appellant 2. Request for continuation of the item to the meeting of September 17, 2008 Page 1 of 1 202 203 204 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: ______ ORIGINATING DEPT: Public Works CITY MANAGER: PREPARED BY: John Cherbone DEPT HEAD: John Cherbone SUBJECT: Saratoga Sport User Groups – Use of Reusable Water Bottles ______________________________________________________________________________ RECOMMENDED ACTION(S): Accept report and provide direction to staff. REPORT SUMMARY: Recently, Vice Mayor Page and Council Member King approached Saratoga sport user groups regarding a voluntary program that would promote the use of reusable water bottles. The sport user groups were very receptive of the idea including adding a stipulation to the Sport User Group Agreements regarding the voluntary program. Currently the City has executed Sport User Agreements with seven organized youth sport groups including American Youth Soccer Organization (AYSO), Saratoga Little League (SLL), Quito Little League (QLL), De Anza Youth Soccer League (DYSL), West Valley Lacrosse Club (WVLC), Saratoga Pony League League (SPL), and West Valley Youth Soccer League (WVYSL). With over 2000 youth participants in these organizations, this is a great opportunity not only to reduce waste but also to educate our youth regarding the importance of conservation and environmental stewardship. For example if you use the conservative number of 2000 league participants plus parents, relatives, and friends multiplied by the number of home games, the reduction in the use of plastic water bottles could be greater than ten thousand per year. The Sport User Agreements expire December 31, 2008. In November, the agreements will be submitted to City Council for renewal including the voluntary program promoting the use of reusable water bottles. FISCAL IMPACTS: 205 2 of 2 N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The User Agreements would not be revised and the stipulation adding the voluntary program to promote the use of reusable water bottles would not be approved. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): The User Agreements will be revised and submitted to City Council for approval in November. ADVERTISING, NOTICING AND PUBLIC CONTACT: Posting of the agenda. ATTACHMENTS: None. 206 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Crystal Morrow DIRECTOR: Barbara Powell Administrative Analyst II Assistant City Manager SUBJECT: Consolidating Allocation of Community Grants Program RECOMMENDED ACTION: Accept report and determine if FY 2007/08 carryforward funding for community grants should be consolidated for allocation in March. BACKGROUND: At the May 21, 2008 City Council Meeting, unassigned money in the Council Discretionary Fund of the FY 2007/08 budget was allocated for community grants. Council directed staff to distribute the $22,000 in community grants in September or October 2008. During the June 18, 2008 meeting, Council decided to establish a more formal Community Grant Program and corresponding policy to institute a priority ranking process for the allocation of grants. The Council determined the program would follow a similar process to the Community Development Block Grant (CDBG) program, including noticing, application, and schedule. Noticing for both programs will be done simultaneously; the application process of the Community Grant Program will be similar to that of the CDBG program; applications for both programs will be reviewed for approval in March and distributed at the start of the next fiscal year; and the annual funds in the Community Grant Program will match the amount the City receives for the CDBG Public Service Grant program. To transition to the new Community Grant Program procedures and align this program with the CDBG program, Council could direct staff to consolidate the carryforward funds with the upcoming Community Grant and CDBG program grant allocation process. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Applications for the Community Grant Program would be reviewed in September/October 2008 and then again in March, when CDBG applications are scheduled for review. Page 1 of 2 207 Page 2 of 2 ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None 208 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: ORIGINATING DEPT: Recreation CITY MANAGER: Dave Anderson PREPARED BY: Michael Taylor, DEPT HEAD: Michael Taylor Kim Saxton-Heinrichs, and Adam Henig SUBJECT: Feasibility of After School “Drop-In Recreation” Programming RECOMMENDED ACTION(S): Accept report and direct staff accordingly. REPORT SUMMARY: Background The Saratoga Recreation Department first offered a drop-in after school program with the creation of the Saratoga Youth Center (later known at the Saratoga Community Center) in 1966. In 1986, the City accepted the Warner Hutton House for community use. The house was moved on June 29, 1990 from its location in the pathway of Route 85 to its current location. By mid-1992, it was available for use by the Recreation Department. The Warner Hutton House opened as a teen center with daily activities, charging $65 annually and averaging 45-60 attendees per day. In the 1994-95 school year, the charge was changed to $2 per hour in an attempt to to improve cost recovery, but students stopped participating and the program was cut in 1995. In September 1996, the center was reopened after the Youth Commission appealed to Council and an after school program was offered again. The Friends of the Warner Hutton House 501c3 non-profit was created in July 1997 to help offset costs of the after school program. The group conducted an annual appeal to raise funds to help improve facilities and develop new and existing youth programs. Donations were received from about 85 individuals, businesses, or groups in the community. Funding was also received from the City. Staffed by a Teen Coordinator and two or three recreation leaders, a drop-in after school program was conducted at the Warner Hutton House. Targeted to middle school-aged students, the program attracted approximately 60 attendees per day and provided staff and the Youth Commission with a direct connection to the Saratoga youth participating in the program. In response to budget reductions, the drop-in in program was eliminated in fiscal year 2005-06 for a savings of $67,000. 209 At the June 18 Council meeting, citing growing concerns over unsupervised youth at the library and the need for after school programming for middle school age children, representatives of the Saratoga Library and the Saratoga Youth Commission requested that this item be considered. Analysis Some after school programs are currently available to families. The Saratoga YMCA offers after-school programs and the City of Saratoga Recreation Department provides a variety of activities. The Zone Program, located in room 74 at Redwood Middle School, is operated by Los Gatos Saratoga Recreation. The Zone provides a supervised environment for Middle School students. Students may be enrolled on a drop-in ($15 to $25 per day) and/or tuition ($105 to $220 per month) basis. The students have access to organized sports, air hockey, Game Cube, TNT (Teaching and Tutoring), and weekly local trips. Invoices are sent monthly to each family. The average student to staff ratio is 14:1 and attendance in 2007-08 was 231 with an average daily attendance of 53 students per day. If Council directs staff to implement a new City of Saratoga after school program, various options would be considered: • Location of the program could be placed at the Warner Hutton House, a Community Center room or portable, or a combination of sites. o Following the closure of the teen program in April 2005, the City invested in the capital renovation of the Warner Hutton House. Renovations included new electrical wiring, flooring, general building repairs, new appliances, painting, etc. for a cost of approximately $94,000. Since the remodeling, use of the facility has been steadily increasing for regular recreation classes, rentals, meetings, activities, youth camps, and special events. • Hours of the program could be limited to after school only, after school hours and school breaks, during all normal non-school hours, or a combination of these schedules. • Activity programming could include minimally supervised drop-in activities, planned modular scheduling, full curriculum of activities, or a selection of independent classes. • Staffing could be part-time temporary City staff, independent contractors, a collaborative partnership with other community based organizations (YMCA, School District, Library, etc.), or a combination of same. • Cost of the program could be borne entirely by the participants through the collection of registration fees based on the costs of the program or subsidized at a level determined by Council. o Capital improvements to provide a developmentally appropriate environment for a teen program would include additional furniture, supplies and materials (games, arts, crafts, educational study, physical recreation, etc.) for start-up costs of approximately $3,000 to $9,000. o Program costs would range between $300 and $350 per (~15 hour) week for parttime temporary staff plus permanent full time supervision for a total personnel cost of approximately $70,000 to $90,000 per year. Staff is requesting direction from Council. 210 FISCAL IMPACTS: If approved, the costs of operating an after school program range from $70,000 to $90,000 plus an initial outlay of $3,000 to $9,000 in startup expenses. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None ALTERNATIVE ACTION: Not applicable. FOLLOW UP ACTION: Staff will implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Agenda was posted in compliance with the Brown Act. ATTACHMENTS: None 211 SARATOGA CITY COUNCIL MEETING DATE: September 3, 2008 AGENDA ITEM: DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson PREPARED BY: Barbara Powell DIRECTOR: Assistant City Manager SUBJECT: Approval to Apply for Citizen Engagement Grant RECOMMENDED ACTION: Accept report and direct staff to apply for a “Citizen Engagement Grant” through Common Sense California to undertake a visioning process for the Downtown Village, through the Village Economic Development City Council-Planning Commission Advisory Committee. BACKGROUND: At its June 18, 2008 meeting, the City Council formed a Village Economic Development City Council-Planning Commission Advisory Committee with City Council representatives Chuck Page and Jill Hunter, and Planning Commission representatives Susie Nagpal and Linda Rodgers. The mission of the Committee is to develop a plan to increase the economic viability of the Saratoga Village, including the evaluation of the conditional use permit study. As part of its mission, the Committee felt it would be beneficial to engage stakeholders representing a broad cross-section of Saratoga residents, property and business owners and other interested parties. Toward this end, staff is recommending that the City apply for a Citizen Engagement Grant through Common Sense California. Common Sense California, a non-profit organization formed in 2005, financially supports citizen engagement projects through two grant programs: ?? “Common Sense Grants” – provides up to $25,000 (awarded October 1, 2008) ?? “Catalyst Grants” --provides between $2,000 and $7,500 (awarded on a rolling basis, beginning June 23, 2008) If received, a Common Sense Grant could be used to: ?? Hire a consultant skilled in engaging broad-based stakeholders in a visioning process; ?? Provide for extensive advertising and noticing to inform stakeholders of meetings, workshops and other activities related to the visioning process; and ?? Prepare reports and other publications resulting from the visioning process. FISCAL IMPACTS: Page 1 of 3 2 12Grants through Common Sense California do not require matching funds. Rather, staff will quantify in-kind support that will be provided by City staff, Committee members and community volunteers toward the visioning process. CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS: Staff will not apply for the grant and, therefore, a potential external source for funding the visioning process will not be available. ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Implement Council direction. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Attachment A – Information about Common Sense California Page 2 of 3 213 Page 3 of 3 Common Sense California What We Do Since our founding as a multi-partisan and non-profit organization in 2005, Common Sense California (CSC) has worked to engage the citizens of this state in the policy decisions that affect our everyday lives. It is our firm belief that in today’s world of easy access to information, and easy connectivity to others, California’s municipal and education leaders are seeking ways to involve the citizens in their communities in the important issues they confront. Done legitimately, the benefits to this new kind of leadership range from better, more creative policy solutions to better, more engaged citizens who are doing the hard work of self-governance. Put simply, CSC works with municipalities and non-profits in two “spaces” and in three ways. First, we focus most of our efforts at the City/Regional and K-12 policy areas. While we have supported statewide citizen engagement efforts in the past (http://www.californiaspeaks.org) we are best equipped to come alongside cities, regional governments, and school districts as they earnestly attempt to engage citizens in the policy decisions they face. From school regionalization and performance improvement questions in the K-12 “space” to affordable housing, long-term visioning, and budgetary decisions in the City/Regional “space” the types of issues encountered in these two areas are almost limitless. Secondly, we connect with these “clients” in one or more of the following three ways: 1. Matchmaker/Consultant: Common Sense California has relationships with most of the major practitioners in the field of citizen engagement around the country. Through knowledge of the specific strengths of the various methodologies, we serve as a “matchmaker” between municipalities and these professional firms. Additionally, we also know that creative leaders around the state develop some of the best citizen engagement campaigns at the grassroots level. Common Sense California can connect these people with others who might be looking for a more “home-grown” solution to their particular policy challenge. 2. Sponsor: CSC works both directly and indirectly to support citizen engagement projects financially. First, Common Sense California devotes a significant portion of its annual budget to grant-making. Through its “Common Sense Grant” program, CSC offers communities financial support up to $25,000.00 in order to carry out a legitimate engagement project. Through its relationships with community and statewide foundations, CSC has also brought outside funding to bear when it has been necessary. 3. Promoter/Advocate: Common Sense California believes that citizen engagement produces better policy solutions and better citizens. To this end, the leadership of CSC promotes the field of citizen engagement through speeches, op-eds, and other opportunities. 214