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11-03-2004 City Council Agenda Packet
AGENDA REGULAR MEETING SARATOGA CITY COUNCIL NOVEMBER 3, 2004 REGULAR MEETING - 7:00 P.M. -CIVIC THEATER/COUNCIL CHAMBERS AT 13777 FRUITVALE AVENUE MAYOR'S REPORT ON CLOSED SESSION No Closed Session items on tonight's agenda. 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 October 28, 2004) 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. Communications from Boards and Commissions The City Council will receive reports from the Boards and Commissions listed below and may provide direction regarding matters to be considered by those Boards and Commissions. Recommendations from Boards and Commissions requiring City Council approval are considered as independent agenda items. Written Communications None Oral Commuuications -Council Direction to Staff Instruction to Staff regarding actions on current Oral Communications. ARCHIVE COPY ANNOUNCEMENTS You are cordially invited to the City of Sazatoga's 4th Annual Tree Lighting Ceremony Friday, November 26, 2004 at Blaney Plaza. The Ceremony begins promptly at 5:30 p.m. with a holiday introduction from the Mayor of Saratoga and a countdown to light the City Holiday Tree. Following the Tree Lighting Ceremony, the Village Merchant Open House sponsored by the Village Merchants and Sazatoga Chamber of Commerce will begin at 6 p.m. Residents can stroll and enjoy extended holiday shopping hours along with carriage rides and special holiday treats. The Saratoga Historical Museum and the Book-Go-Round will also host a special holiday open house. We look forward to seeing you there! CEREMONIAL ITEMS lA. Proclamation Declaring November 14-20, 2004 as "Hunger & Homelessness Awareness Week" Recommended action: Present proclamation to Barry Del Buono, President and CEO of Emergency Housing Consortium. 1B. Commendation of the City Council of the City of Saratoga Honoring the 20`h Anniversary of the Sister City Affiliation Between Muko, Japan and Saratoga, California Recommended action: Present commendation and present commendation to Marilyn White. SPECIAL PRESENTATIONS None 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. 2A. Approval of City Council Minutes -October 6, 2004 Recommended action: Approve minutes. 2B Approval of Check Register Recommended action: Approve check register. 2C. Civic Theater Lower Perimeter Roof and Book-Go-Round Re-Roof Project - Notice of Completion Recommended action: Accept Notice of Completion. 2D. Additional Utility Work in Conjunction with the Seagull Way Signal Project Recommended action: Approve change order. 2E. Review of Mercury ReductionNirtual Elimination in Municipal Operations Policy Recommended action: Accept report and adopt Mercury Reduction/Virtual Elimination in Municipal Operations Policy. PUBLIC HEARING Amendment to City Code Sections 2-05.030 & 15-90.065 Related to Council Initiated Appeals Recommended action: Conduct public hearing; read title of proposed ordinance; waive reading of full ordinance; direct staff to place item on the Consent Calendar on November 17, 2004 for second reading and adoption. OLD BUSINESS None NEW BUSINESS None AGENCY ASSIGNMENTS Mayor Ann Waltonsmith Hakone Foundation Liaison Santa Clara County Cities Association Saratoga Historic Foundation Sister City Liaison Vice Mayor Kathleen Kine Chamber of Commerce County Cities Association Legislative Task Force SASCC Liaison Councilmember Stan Bo og sian County HCD Policy Committee Emergency Planning Council KSAR Community Access TV Board Northern Central Flood Control Zone Advisory Boazd Councilmember Norman Kline Association of Bay Area Government Library Joint Powers Association Peninsula Division, League of California Cities SBDC (Unofficial) Valley Transportation Authority PAC Nick Streit Santa Clara County Valley Water Commission West Valley Solid Waste Joint Powers Association West Valley Sanitation District Recycling & Waste Water Reduction Commission of SCC CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT i 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 or ctclerk@saratoga.ca.us. 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 ofAgenda: I, Cathleen Boyer, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council of the City of Saratoga was posted on October 29, 2004 at the office of the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was available for public review at that location. The agenda is also available on the City's website at wwwsaratoea.ca.us S his ~ ctober 2004 at Saratoga, California. Ca er, C ,City Clerk 4 1 CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2004 I 11/17 Regular Meeting 12/1 Regular Meeting 12/15 Regulaz Meeting SAR;ATOGA CITY COUNCIL ~, I MEETING DATE: November 3, 2004 AGENDA ITEM: - ORIGINATING DEPT: City Manager's Office CITY MANAGER: ~'~~--~"'~- PREPARED BY: l~ )l ~~~ DEPT HEAD: SUBJECT: Proclamation Declaring November 14-20, 2004 as "Hunger & Homelessness Awareness Week" RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: The attached proclamation declares November 14-20, 2004 as "Hunger & Homelessness Awareness Week". Barry Del Buono, President and CEO of Emergency Housing Consortium, will be present to accept the proclamation. I FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Proclamation Attachment B -Letter form the Emergency Housing Consortium CITY OF SARATOGA PROCLAMATION SUPPORTING THE WEEK OF NOVEMBER 14-20, 2004 "NATIONAL HOMELESSNESS AND HUNGER AWARENESS WEEK" WHEREAS, the County of Santa Clara, although one of the most creative and successful communities, is also faced with a housing crisis that makes homelessness a reality for thousands of individual and families each year; and WHEREAS, each year, one week before Thanksgiving, the National Coalition for the Homeless and the National Student Campaign Against Hunger and Homelessness cosponsor Hunger and Homelessness Awareness Week; and WHEREAS, Emergency Housing Coalition (EHC) is participating with numerous agencies in planning, educational, fundraising and volunteer activities that will raise awareness about these challenges in Santa Clara County; and WHEREAS, the City of Saratoga is committed to assist the homeless and hungry with necessary human services, temporary shelter and affordable housing both directly and through support of nonprofit housing and social service agencies. NOW, THEREFORE, I, Ann Waltonsmith, Mayor of the City of Saratoga and on behalf of the City Council, do hereby support the week of November 14-20, 2004 as NATIONAL HOMELESSNESS AND HUNGER AWARENESS WEEK IN THE CITY OF SARATOGA And calls upon the residents of the City of Saratoga to be generous in their volunteer efforts and financial support of programs seeking to end hunger and homelessness. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 3`d day of November 2004. Ann Waltonsmith, Mayor City of Saratoga EMERGENCY HOUSING CONSORTIUM 150 Almaden Boulevard, Suite 500 San lose, California 95113 Fax 408.286.5102 Tel 408.539.2700 September 17, 2004 Mayor Ann Waltonsmith City of Sazatoga 13777 Fruitvale Avenue Saratoga, CA 95070 Dear Mayor Waltonsmith, LIFEBUILDERS O/CT~~ >= 2004 v ~J I am writing to request that the City Council designate the week of November 14-20, 2004 as Hunger and Homelessness Awareness Week in the City of Saratoga. Each year during the week before Thanksgiving, the National Coalition for the Homeless and the National Student Campaign Against Hunger and Homelessness co-sponsor National Hunger and Homelessness Awareness Week. Emergency Housing Consortium (EHC) and a number of collaborating groups are planning various educational, fundraising and volunteer activities and we would greatly appreciate official recognifion of this week in the form of a proclamation by the City of Saratoga. EHC will coordinate activities with local schools, corporations, community organizations and churches to organize joint events that both educate the community about the issues and show them how they can help. The highlight of the week is an event called Celebrations: of Life, Community, and Vision. Celebratrons is an uplifting commemoration of the lives of homeless people who died in the past yeaz as well as an event to honor volunteers of the Cold Weather Shelter Program whose compassion and hard work give us hope for a future without homelessness. This event will be held at 11:00 a.m. on November 17 at EHC's Boccardo Reception Center. City and county officials will be receiving invitations to this event and we encourage everyone to join us: In addition, EHC is planning a number of community activities for that week including: • Urban Plunge Experience that sheds new light on homelessness and poverty in Silicon Valley, including the challenges and opportunities for creative solutions. • Volunteer Activities including food & shelter services, children's activities, donation sorting, etc. • Donation Drives to collect essential items needed by the homeless. • Awareness Workshops. Enclosed is a sample draft proclamation for Hunger & Homelessness Awareness Week. We'll be in contact in the next week to find out the date of your meeting so a representative from EHC can attend for the formal proclamation presentation. If you have any questions, please contact Erin Stanton at (408) 539-21 ] 1 or estanton@homelessness.org. Sincerely, ~,,~ Barry D Buono President and CEO 2 v„~/ Cc: City Clerk, City Manager, and City Council i nfohJ homelessness. orq www. homelessness.org A Ilnited Wav Ananrv SARATOGA CITY COUNCIL MEETING DATE: November 3, 2004 AGENDA ITEM: ORIGINATING DEPT: City Manager's Office CITY MANAGER: Ll/~~ PREPARED BY: ~ DEPT HEAD: 1 en B r rk SUBJECT: Commendation Honoring the 20"' Anniversary of the Sister City Affiliation Between Muko, Japan and Saratoga, California RECOMMENDED ACTION: Present commendation. REPORT SUMMARY: November 16, 1984 marks the 20`h anniversary of the signing of the Sister City Affiliation Agreement between Muko, Japan and Saratoga, California. A group of Saratoga citizens will be visiting Muko throughout the month of November for a special celebration. Marylyn White will be present to accept the commendation 'on behalf of the Sister City organization. FISCAL IMPACTS: N/A CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A ALTERNATIVE ACTION: N/A FOLLOW UP ACTION: None ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A ATTACHMENTS: Attachment A -Commendation COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING THE 20TH ANNIVERSARY OF THE SISTER CITY AFFILIATION BETWEEN MUKO, JAPAN AND SARATOGA, CALIFORNIA WHEREAS, inspired by both a lifelong interest in Japanese culture and their travels throughout Japan, San Francisco cultural leaders Oliver and Isabel Stine purchased 18 acres of Saratoga hillside in 1915 to build a summer retreat and named it after one of their favorite places in Japan, Fuji -Hakone National Park. Over the years ownership of Hakone Gardens passed through many hands and was finally purchased by the City of Saratoga in 1966; and WHEREAS, in 1969 the City consulted with Mr. Kiyoshi Yasui, a fourteenth generation Japanese architect, on the Master Plan for Hakone Gardens. Hakone Gardens is the oldest surviving Japanese garden in the western hemisphere; and WHEREAS, it was this connection that led to the signing of the Sister City Affiliation Agreement between Muko Japan and Saratoga, California on November 16, 1984; and WHEREAS, the purpose of the affiliation was to promote educational, cultural and business programs and to establish understanding, goodwill and friendship between the people of Muko and the people of Saratoga; and WHEREAS, over the past 20 years of friendship Muko and Saratoga have completed many activities such as exchanging students and visiting each other's countries and homes; and WHEREAS, overcoming historical, cultural and language differences, Muko and Saratoga have developed a mutual understanding and respect for each other's individual cultures. THEREFORE BE IT RESOLVED that the City Council of the City of Saratoga hereby commends Muko and Saratoga for 20 years of successful Sister City relations and look forward to continued friendship for many generations to come. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 3`a day of November 2004 Ann Waltonsmith, Mayor City of Saratoga SARATOGA CITY COUNCIL MEETING DATE: November 3, 2004 ORIGINATING DEPT: City Manager's Office PREPARED BY: ~~ Cathleen Boyer, y Clerk AGENDA ITEM: CITY MANAGER: O~~ DEPT HEAD: SUBJECT: City Council Minutes RECOMMENDED ACTION: Approve minutes. REPORT SUMMARY: Approve minutes as submitted for the following City Council Meeting: Regular Meeting -October 6, 2004 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 October 6, 2004 MINUTES SARATOGA CITY COUNCIL OCTOBER 6, 2004 Before going into closed session, the City Council opened the meeting to the public. The City Attorney explained that after the deadline for posting the agenda for the meeting the City had received a written threat of litigation from an attorney on behalf of Lester Hinz. The members present (Bogosian, Kline, Streit, Waltonsmith) voted unanimously to add the item to the agenda as an urgency item as follows: Conference With Legal Counsel -Anticipated Litigation (Government Code section 54956.9(b)): (1 case). The City Attorney then noted that the facts and circumstances concerning the other anticipated litigation item on the closed session agenda are described in the staff report for agenda item 6 on this evening's agenda. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:15 p.m. Conference With Labor Ne otg iators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Legal Counsel -Anticipated Litigation Significant exposure to litigation (Gov't Code 54956.9(b)). (l ,potential case) Conference with Legal Counsel -Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Farmer's Insurance Group/Clinton Rosenthal Agency claimed against: City of Saratoga MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Lori Bums, Human Resource Analyst Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 6, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 6, 2004 was properly posted on September 30, 2004. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Deja Laufer noted that she recently open Deja & Company Exquisite Jewels in the Village. Ms. Laufer thanked Mayor Waltonsmith for attending their opening ceremony. Vatsala Viswanathan stated that on September 7, 2004 her home was broken into and vandalized. Ms. Viswanathan stated that statistics show that more homes are broken into between the hours of 11 a.m. - 2:00 p.m. Ms. Viswanathan requested that the City instruct the Sheriff's Office to patrol her neighborhood more often. Anuradha Thazeja noted that she lives next door to Ms. Visw~rtathan. Ms. Thazeja noted that since this incident in her neighborhood, their lifestyle hash changed. Ms. Thazeja requested that the City reinstate the Neighborhood Watch Program. Sanjay Agrawal noted that he recently moved into Sazatoga. Mr. Agrwal asked if the City had any information on the Sheriff's Office investigation in regards to this incident on DeHavilland Drive. Citizen Ray noted that he supported Abel Maldonado for Senate. Citizen Ray noted that Mr. Maldonado promised that he would take the issues regarding Highway 9 to the State level. Thomas Barbaro noted that he was representing "Friends of Sazatoga Dogs". Mr. Bazbazo noted that dogs in Saratoga need a place where they can have off leash exercise. Mr. Barbaro explained the positive aspects of a dog park for dogs and dog owners. Mr. Bazbazo requested that Council look into the possibilities of designating some off leash hours at various parks in Saratoga. Sandy Cross note that she had a petition signed by more than 500 neighbors requesting that the City Council re-validate Kevin Moran Pazk as a neighborhood Park Ms. Cross stated that they agree that Kevin Moran Park is unsuitable for any additional large group activities due to safety issues, traffic and noise generated by organized sports. Ms. Cross stated that they request that the Pazks and Recreation Commission work with the neighborhood of Kevin Moran Park and establish a pazk that will retain the serenity and individual activities. Roger Piazza read a letter from the Neighbors of Kevin Moran Pazk. Mr. Piazza stated that the neighbors of Kevin Moran Pazk request the following: • That the process for further development of the park proceed • A definite status of Kevin Moran Park as a neighborhood park as it was originally intended • That the citizen members of the task force be from the Kevin Moran Park neighborhood Mr. Piazza read a list of items that the neighborhood felt would enhance the existing pazk and complete it's development. Mr. Piazza stated that the neighborhood opposes flat grass, a parking lot, and restrooms. Manoj Goel noted he wanted to introduce himself to the Council as the new liaison from AYSO. Mr. Goel stated that this year over 1300 kids have signed up with AYSO and over 800 of those kids are from Sazatoga. COMMUNICATIONS FROM COMMISSIONS Tom Soukup, Parks and Recreation Commissioner, stated that the PRC WRITTEN COMMUNICATIONS Mayor Waltonsmith read a letter from the Rotary Club of Sazatoga requesting permission to sponsor the 3`d annual Mustard Walk and a contribution of $1,000. COUNCIL DIRECTION Councilmember Kline thanked Neighbors of Kevin Moran Park for getting their group so well organized. Councilmember Kline complimented them on their communications to Council. Mayor Waltonsmith asked if the City had a Neighborhood Watch Program. City Manager Anderson stated that he would contact the Sheriff's Office and report back to Council. In regazds to a Dog Pazk, Mayor Waltonsmith stated that the City does not have funding for this type of park. Councilmember Kline asked if the Dog Park could be agendized for discussion. Councilmember Bogosian noted that he supported Councilmember Kline's request. In regards to the Rotary's request to sponsor the Mustard Walk, Councilmember Kline requested that this issue be agendized for discussion. Vice Mayor King noted that she supported Councilmember Kline's request. ANNOUNCEMENTS Mayor Waltonsmith announced that Building Bridges is on Sunday, October 10, 2004 from 11 a.m. - 4 p.m. at West Valley College. CEREMONIAL ITEMS lA. COMMENDATIONS HONORING DIANA HUDTLOFF COPELAND, NANCY PORTUGAL JAMELLO, AND ELAINE ROTH STAFF RECOMMENDATION: Present commendations. Mayor Waltonsmith presented the commendations to Diana HudtloffCopeland, Nancy Portugal Jamello, and Elaine Roth. 1B. APPOINTMENT AND OATH OF OFFICE FOR THE LIBRARY COMMISSIONERS STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. RESOLUTION: 04-077 KLINE/KING MOVED TO ADOPT RESOLUTION APPOINTING NEW LIBRARY COMMISSIONERS. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to the new Commissioners. SPECIAL PRESENTATIONS None Mayor Waltonsmith declared aten-minute break at 7:45 p.m. Mayor Waltonsmith reconvened the meeting at 7:55 p.m. CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -SEPTEMBER 1, 2004 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2A be removed from the Consent Calendar. Councilmember Bogosian noted that he was absent from this meeting would abstain from the vote. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF SEPTEMBER 1, 2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 2B APPROVAL OF CITY COUNCIL MINUTES -SEPTEMBER 15, 2004 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2A be removed from the Consent Calendar. Councilmember Bogosian noted that he was absent from this meeting would abstain from the vote. KLINE/KING MOVED TO APPROVE CITY COU1~iCIL MINUTES OF SEPTEMBER 15, 2004. MOTION PASSED 4-0-1 VIPITH BOGOSIAN ABSTAINING. 2C. APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2D. REPORT ON ENCUMBRANCES CARRIED OVER FROM FISCAL YEAR 2003/2004 TO FISCAL YEAR 2004/2005 STAFF RECOMMENDATION: Accept report. STREIT/KLINE MOVED TO ACCEPT REPORT ON ENCUMBRANCES. MOTION PASSED 5-0. 2E RESOLUTION AUTHORIZING AN AMENDMENT TO THE BUDGET OF FUND NO. 310, PARK DEVELOPMENT FUND, FOR FY2004/OS TO PROVIDE FOR A TRANSFER OF QUIMBY ACT MONEY TO FUND NO. 354, PARK AND TRAIL FUND IN THE AMOUNT OF $54,000 TO ALLEVIATE A SHORTFALL OF REVENUE IN FY2003/04 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-078 STREIT/KLINE MOVED TO ADOPT RESOLUTION AUTHORIZING BUDGET AMENDMENT FOR A TRANSFER OF QUIMBY ACT MONEY. MOTION PASSED 5-0. 2F. RESOLUTION TO AMEND THE BUDGET FOR FY2004/OS TO PROVIDE FINANCING IN THE AMOUNT OF UP TO $1,000 FOR THE PURCHASE OF TAX DEFAULTED PROPERTY ADJACENT TO HAKONE GARDENS PARK FROM THE COUNTY OF SANTA CLARA AS ORIGINALLY APPROVED BY RESOLUTION 01-029 DATED MAY 16, 2001 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-079 STREIT/KLINE MOVED TO PROPERTY NEAR HAKONE GARDENS. MOTION PASSED 5-0. 2G. CLAIM OF CLINT ROSENTHAL -CLAIM NO. GL-055673 STAFF RECOMMENDATION: Adopt resolution to authorize ABAG to settle claim and appropriate funds. RESOLUTION: 04-080 STREIT/KLINE MOVED TO ADOPT RESOLUTION AUTHORIZING ABAG TO SETTLE CLAIM AND APPROPRIATE FUNDS FROM COUNCIL CONTINGENCY. MOTION PASSED 5-0. 2H. SILICON VALLEY REGIONAL INTEROPERABILITY PROJECT - JOINT FUNDING AGREEMENT AMENDMENT STAFF RECOMMENDATION: Authorize City Manager to execute amended agreement. STREIT/KLINE MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AMENDED AGREEMENT. MOTION PASSED 5-0. 6 2I. SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) OPERATING GUIDELINES FOR USE OF CITY FACILITIES AGREEMENT STAFF RECOMMENDATION: Accept report and authorize City Manager to execute agreement. Councilmember Bogosian requested that item 2A be removed from the Consent Calendaz. Councilmember Bogosian stated that this item should not have been placed on the Consent Calendar. Councilmember Bogosian stated that before he voted to support this agreement he would like more information regarding the various income from the rental of the rooms at the Recreation Center, Senior Center and North Campus for the past five years. Councilmember Bogosian stated that he also wanted to hear from SASCC on their future plans. Mayor Waltonsmith stated that she did not want to delay this agreement since it has been in the works for the past year. Councilmember Kline noted that he supported Councihnember Bogosian's request and supported continuing this item until after the election. Councilmember Kline suggested that staff should look at how other cities fund and operate Senior Centers. Councilmember Streit stated that he would like to know SASCC long-term goals and projections. A discussion took place in regazds to delaying the contract and directing staff to return to Council at a future meeting with a report containing specific information regarding SASCC's growth and revenue history. BOGOSIAN/KLINE MOVED TO POSTPONE ITEM UNTIL NOVEMBER 17 2004 CITY COUNCIL MEETING. MOTION PASSED 5-0. 2J. TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY - APPROVAL OF RECREATIONAL TRAILS PROGRAM GRANT RESOLUTION STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-081 STREIT/KLINE MOVED TO ADOPT RESOLUTION SUPPORTING THE RECREATIONAL TRAILS GRANT. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 3. GRANT WRITER UTILIZATION/GUIDANCE POLICY AND GRANT WRITER PROCEDURES -REVISION TO POLICY AND PROCEDURES AND CONTRACT PAYMENT OPTIONS REVIEW STAFF RECOMMENDATION: Review and adopt revisions to the Grant Writer Utilization and Guidance Policy and Grant Writer Procedures; review Contract payment options. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that at the September 15, 2004 City Council meeting, staff was directed to bring back a revised grant writer policy and procedure in an effort to further streamline and simplify the review process. Analyst Bloomquist summarized the changes. In regards to contract payment options, Analyst Bloomquist stated that staff has been working with the Chief Financial Officer of Randall Funding. If the balance remaining on the 12-month contract is paid in advance via a lump sum payment by November 1, 2004, Analyst Bloomquist reported that Randall would reduce the amount of the contract by $3,000. Analyst Bloomquist stated that the City has already paid invoices totally $3,000, leaving a residual balance of $30,000. Consensuses of the City Council not to take advantage of the payment option made by Randall Funding and continue paying them on a monthly basis. Councilmember Bogosian thanked Analyst Bloomquist for the attached flow chart showing the steps of the grant process. Councihnember Bogosian asked why the Council was eliminated form the review process. Analyst Bloomquist responded that a lot of the grants have condescended time frames with quick deadlines. Analyst Bloomquist stated that it has been difficult to get them to Council for approval and a few grants opportunities have been lost. Analyst Bloomquist stated that the Subcommittee has been reviewing the applications. Councilmember Bogosian stated that he is supportive of the Subcommittee, but noted that grants that requires matching funds from the City, the full City Council should review the grant and make the final decision. K1NG/BOGOSIAN MOVED TO ACCEPT HE REVISION TO POLICY AND PROCEDURES ADDING ANOTHER STEP TO THE FLOW CHART WHICH STATES THAT COUNCIL WOULD REVIEW AND AUTHORIZE ANY GRANT APPLICATION IF MATCHING FUNDS S ARE REQUESTED. MOTION PASSED 5-0. 4. HIGHWAY 9 SAFETY -APPROVAL OF DESIGN PROPOSAL FOR CROSSWALK IMPROVEMENTS STAFF RECOMMENDATION: Approve a processional service contract with Allied Enterprises in the amount of $12,000; authorize change orders up to $1,000; adopt resolution approving budget amendment. RESOLUTION: 04-082 John Cherbone, Public Works Director, presented staff report. Due to the unfortunate accidents involving pedestrians and bicyclists utilizing Highway 9, the cities of Monte Sereno, Los Gatos, and Sazatoga have been discussing the safety issues connected to the Highway. Director Cherbone stated that on July 1, 2004 representatives from Monte Sereno, Los Gatos, Sazatoga, VTA, and Caltrans conferred by telephone to discuss additional tasks and a schedule to implement Highway 9 improvements. Currently, the three jurisdictions and Caltrans aze reviewing the drab safety study prepazed by Fehr & Peers. Director Cherbone noted that most of the improvements in the table listed in the staff report, represent the larger safety improvement project for the Highway 9 corridor form' ig Basin to Highway 17. Director Cherbone explained the improvements that az~being pursued in Sazatoga once encroachment permits aze approved by Caltrans: I 1) Crosswalk safety improvements at Oak Street amd Highway 9 2) Crosswalk safety improvements at Horseshoe Drive Director Cherbone noted that following improvements that would be made; 1) Installation of a permanent radar sign to be located on the northbound lane where the speed limit reduces as you enter the Village. Caltrans is funding this work. 2) Modifications of the traffic light warning sign to a crosswalk warning sign 3) Installation of a sign warning motorists of the County Fire Station 4) Various sight distance improvements through selective b\vegetation removals Director Cherbone explained that in order to implement the conceptual design of the Oak Street Crosswalk Safety Improvements prepazed by Fehr & Peers and obtain an encroachment permit from Caltrans it is necessary to obtain the services of a Civil Engineer to prepare the improvements plans. Director Cherbone stated that the City received two proposals for the work. Staff is requesting that Council approve the design contract with Allied Engineering in the amount of $12,000. If the contract were approved, the design plans would be prepared and submitted to Caltrans by the end of October with construction scheduled for completion prior to the end of the calendar yeaz. Sorab Rashid, Fehr & Peers/City Traffic Engineer, described the conceptual plan for the proposed safety improvements on Highway 9. Citizen Ray requested that the neighboring cities bring Highway 9 up to modern highway safety standazds. Anne Sanquini stated that she was a member of the Citizens for Highway 9 Safety Group. Ms Sanquini stated that the group fully supported the proposed plans and requested that the Sheriff s Office permanently place the radar trailer back on Highway 9. Denise Michel noted that she was the Vice President of the Village Green Neighborhood Association. Ms. Michele noted that she fully supported the proposed improvements at Oak Street. Ms. Michele suggested that Saratoga investigate ways to gain control over Highway 9. Joanne Peth noted that she is a Monte Sereno and fully supported the proposed safety improvements. Ms. Peth thanked Director Cherbone and Mr. Rashid for their work and complimented them on working with the community. BOGOSIAN/STREIT MOVED TO APPROVE A PROCESSIONAL SERVICE CONTRACT WITH ALLIED ENTERPRISES IN THE AMOUNT OF $12 000• AUTHORIZE CHANGE ORDERS UP TO $1,000: ADOPT RESOLUTION APPROVING BUDGET AMENDMENT• CONTACT THE SHERIFF'S OFFICE AND DIRECT THEM TO DO AGGRESSIVE ENFORCEMENT ON HIGHWAY 9. MOTION PASSED 5-0. NEW BUSINESS INSTALLATION OF TWO (2) EXTERIOR WALL PLAQUES AT SARATOGA LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lori Burns, Human Resource Analyst/Librazy Commission Liaison, presented staff report. Analyst Burns explained that the Library Commission would like the City Council to accept their recommendation to install two exterior wall plaques at the Saratoga Library to explain how and why names are displayed on book spines, bricks and tiles. Consensus of the City Council to accept report and accept the Librazy Commission's request to place exterior plaques at the Saratoga Library. 6. GENERAL PLAN MAP/ZONING MAP INCONSISTENCIES STAFF RECOMMENDATION: Accept report and direct staff accordingly. 10 Councilmember Kline noted that he would recuse himself from the discussion of this item due to the fact that it could affect his property. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that a Zoning Ordinance Amendment was proposed for several parcels to conform with the zoning to the maximum density permitted under the General Plan land use map. These particular pazcels are designated Residential Low Density (RLD) in the general Plan map, which was adopted by the City in 1987. These parcels are currently zoned r-1, 40,000, which requires a maximum lot size of 40,000 square feet. The RLD designation in the General Plan translates to a minimum lot size of 20,000 square feet. Pazcels in a particular area of Saratoga aze zoned R-1, 30,000 and have a general Plan designation of RLD, which allows 20,000 squaze foot lots. Director Sullivan explained that Section 65300 of the California Government Code requires cities to adopt a comprehensive, long-term General Plan for the development of the city and any land outside the city, which beazs relationship to the city's planning. Section 65860 of the California Code requires the Zoning Ordinance to be consistent with the adopted General Plan. The State General plan Guidelines state the "an action, program, or project is consistent with the general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment". Becau a of the General Plan specifies only a minimum permissible parcel size, it does not preclude larger pazcel sizes or zoning requiring lazger parcel sizes. I Director Sullivan stated that to promote conformity between the General Plan land use map and the zooming map, however, staff had proposed to the Planning Commission the adoption of a resolution recommending that the City Council rezone the properties to specify the same minimum parcel size as established by the General Plan land use map. Director Sullivan stated that on February 25, 2004 the Planning Commission determined that the current zoning best reflected the conditions in the azea and General Plan and related polices other than the land use map. It was also discussed that an effort was already in place to update the Land Use Element of the General Plan and that the General Plan land use map should be considered for amendment as part of that update. Director Sullivan stated that the Planning Commission favored the lower density solution in all cases. Director Sullivan stated that there are 11 parcels subject to rezoning in terms of address, lot size and maximum allowable floor area. Director Sullivan described the subdivision potential and maximum floor area Director Sullivan explained the City Council options as follows: 1) Endorse the Planning Commission's direction 2) Direct staff to prepare General Plan amendments in advance of the current update process. 11 Councilmember Bogosian stated that the 11 pazcels should go back the Planning Commission and be looked at on a case-by-case basis forpossible zoning amendments. Councilmember Bogosian also requested site visits be scheduled for each parcel for the Planning Commission and City Council. Councilmember Streit concurred with Councilmember Bogosian. Al Sturla noted that his mother owns property on Bonnie Brae. Mr. Stula stated that her lot is approximately 43,000 squaze feet and her plan is to split the lot into two 20,000 squaze foot lots. Mr. Stula requested that the City changed the zoning of this area to conform to the General Plan, which would allow his mother to split her property into two pazcels. Mr. Stula stated his mother feels the City is denying her property rights. Gary Stokes noted that he is a Civil Engineer who has been recently been retained by Mrs. Stula to look into the possibility of splitting her lots. Mr. Stokes explained that without the zoning change Mrs. Stula would not be able to split her lot. Gary Smith noted that he supported changing the zoning map. STREIT/KING MOVED TO DIRECT THE PLANNING COMMISSION TO EVALUATE THE GENERAL PLAN AMENDMENTS FOR THE 11 PARCELS LISTED IN THE STAFF REPORT. P SSED 4-0-1 WITH KLINE ABSTAINING. VTPDE COMMITTEE APPOINTMENT STAFF RECOMMENDATION: Assign representatives from the City of Saratoga to the Committee. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the Valley Transportation Authority (VTA) has requested the City of Saratoga appoint three representatives to the VTPDE Committee. This Committee will include three representatives form each city in Santa Clara County and will oversee the design enhancements process in projects within VTA's Valley Transportation Plan (VTP). BOGOSIAN VKLINE MOVED TO DIRECT THE ARTS COMMISSION TO APPOINT MEMBERS TO THIS COMMITTEE. MOTION PASSED 5-0. AGENCY ASSIGNMENTS Mayor Ann Waltonsmith Sister City Liaison -reported that 65 from this area would travel to Muko, Japan in November to celebrate the 20`h anniversary of the relation between Muko and Sazatoga. 12 Councilmember Norman Kline reported the following information: ValleyTransuortation Authority PAC -noted that most cities have responded to the Grand Jury Report. CITY COUNCIL ITEMS Councilmember Bogosian requested a report in regards to the funds collected from non- organized sports groups and regular pazk rentals. Council consensus to support Councilmember Bogosian's request. Councilmember Kline requested information on whether or not it is illegal if a caz blocks a driveway. City manger Anderson noted that he would contact the Sheriff's Office and report back to Council. Councihmember Streit requested a public hearing in regazds to the item that recently went before the Planning Commission in regazds to the Farmer's market. Councilmember Streit noted that some neighbors have complained and voiced their concern regazding noise and traffic. Vice Mayor King stated the she supported Councilmember Streit's request. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 10:15 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 13 SARATOGA CITY COUNCIL MEETING DATE: November 3, 2004 AGENDA ITEM: ~~ ORIGINATING DEPT: Administrative Services CITY MANAGER: PREPARED BY: Jaye Tkach~'~ DEPT HEAD:`` ~ SUBJECT: Check Registers: 10/21/04 RECOMMENDED ACTION(S): Approve the Check Register. REPORT SUMMARY: Attached is the Check Register. FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None ALTERNATIVE ACTION(S): None FOLLOW UP ACTION(S): None ADVERTISING, NOTICING AND PUBLIC CONTACT: None ATTACHMENTS: Check Register Certification. Fund# Fund Name Date Manual Void Total I 10/21/2004 Checks Checks AP CHECKS A97721-97839 1 GENERAL 63,748.48 1,861.19 100 COPS-SLESF 110 Traffic Safety 551.60 150 Streets 8 Roads 8,509.45 180 LLA Districts 7,510.76 250 Dev Services 16,195.85 260 Environmental 302.24 27p Housing & Comm 2g0 Recreation 9,534.75 291 Teen Services 429.00 2g2 Facility Ops 800.00 293 Theatre Surcharge 310 Park Develpmt 320 Library Expansion 4,420.00 351 Public Safety 12,452.32 352 Infrastructure 36,928.00 353 Facility 946.93 354 Park and Trail 400 Library Debt 420 Leonard Creek 72p Cable TV 15,000.00 740 PD #3 ~ 800 Deposit Agency 3,687.00 e~~tir.,r~i 181.016.38 1,861.19 PAYROLL CHECKS: 630324-30357 TOTAL Prepared b : Date: Apr-99 ~O NO JJJO C^O OO YO Y i < ~ Nroro \ W O W O Y 00 Y 00 O N O J P W W O Jd O O O W NO O H m~ m m W°o ma WN o oY um °yYPiN nom y°W aW °oY°o ~z~2 ~d~~Qi~ \P AIYO AN a oN NOO oW ywoo 'ooz~iO A W ~O Y 11i W d O y Y VI Y N A 1p W ~ O~ m~ WO y y bXybm 3 [' b b b 9 b ~ b b ~ q < Y w o m r e r H r ~ < ~ m < P ~~oeo H m m m m n ys ~ m 3 ~ <o ~ c~r\ oo nb o0 atl op op off of oooq oP ob oao3 Cm q o X O [' o m o ']]gmaa o ]ba Y K ~' y y iri yN VYi N O y kr' lli y H k b~ d O p Y n W O Y 3 Y 3 A$ W y m y N N Z A N W O ! 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REPORT SUMMARY: I All work for the Civic Theater Lower Perimeter Roof and Book-Uio-Round Re-Roof Project has been completed by the City's contractor, California Roofing Co., I~1nc., and has been inspected by Community Development Department inspectors. Overall, the quality of re-roof work on both buildings completed through this contract was very favorable. The original contract amount of $73,800 was sufficient to complete the work. No change orders to this contract were necessary. It is recommended that the Council accept the project as complete. Further, it is recommended that the Council authorize staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day Stop Notice for the filing of claims by subcontractors or material providers may commence. FISCAL IMPACTS: This project has been paid for through adopted budget. No change orders were issued. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): The project would not be accepted as complete and staff would notify the contractor of any additional work required by the City Council before the project would be accepted as complete. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): Staff will record the Notice of Completion for the construction contracts and release the contract sureties and retentions thirty days thereafter. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional, ATTACHMENTS: 1. Notice of Completion for the Civic Theater Lower Perimeter Roof and Book-Go-Round Re- Roof Proj ect. Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GNEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 3rd day of November, 2004. Contract Number: N/A Contract Date: May 5th, 2004 Contractor's Name: California Roofing Co., Inc. Contractor's Address: 1595 S. Tenth Street, San Jose CA 95112 I I - Description of Work: Civic Theater Lower Perimeter Roof and Bopk-Go-Round Re-Roof Project Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which aze therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on , 2004. CITY OF SARATOGA BY: Dave Anderson City Manager ATTEST: Cathleen Boyer, City Clerk Gov. Code 40814 SARATOGA CITY COUNCIL MEETING DATE: Nnvemher 3~d, 204 AGENDA ITEM: ~~ /J ORIGINATING DEPT: Pnblic Works CITY MANAGER: ~-^ ~G~°~ PREPARED BY: Morgan Kessler © DEPT READ: SUBJECT: Additional Utility Work in Conjunction with the Seagull Way Signal Project RECOMMENDED ACTION: Approve change order amount of $30,000.00 for additional work associated with the Seagull Way Signal Project REPORT BACKGROUND: Cement-Treated Baserock (CTB): The Seagull Way Signal was started ahead of the Gateway Project for the purposes of safety and public convenience, and is considered independent of the Gateway Project. The project was put out to bid in 2002, with the contract being awarded to Republic Electric. The project originally had a change order authority of $27,000, but this amount was exhausted early in the installation due to the required removal of unforeseen cement-treated baserock (CTB) that was encountered extensively in the Saratoga-Sunnyvale Road roadway excavations. This material is sometimes encountered under older roadways, and is very time consuming to remove. Because of the unknown extent of the material, the removal work was performed on a time-and- material basis by the contractor. During the last day of removal, the work exceeded the $27,000 change order authority with a final cost of approximately $30,000. Power Source: Per the original contract's drawings, the power feed for the signal was shown to be coming from a utility pole on the northeast corner of the intersection. Consequently, this location was where the power pedestal and controller cabinet were installed. When the PG&E design was returned to the City as part of the service agreement, it was found that the power could not be sourced from the power pole as originally thought, but rather would have to be brought from across the street via an underground source. Fortunately, during the course of the signal installation, spare conduit was placed across Saratoga-Sunnyvale Road for any possible future need. This will now serve as the power conduit, and Saratoga-Sunnyvale Road will not need to be excavated again. There is some relatively minor trenching and pullbox work that still remains to be done, and Republic Electric has provided a cost for this work at $9,935.00. Needed Safety Improvements: As construction on the Seagull Way Signal progressed, it became apparent that the northeast corner ofthe project should be completed prior to the signal being energized. The reasoning for this is that if the corner was left without completing the work, it would have created a motorist hazard, pedestrian hazard, visually and functionally detracted from the adjacent businesses, and would not allow access to a preexisting telephone booth. The knowledge that UPRR was taking longer than expected complicated this matter in that pedestrians crossing the intersection had no sidewalk/ramp facilities in which to wait to avoid traffic. This work, largely necessitated by the railroad's delay, included the construction of an ADA-accessible ramp, relocation of a private telephone booth, and a short section of sidewalk. It should be noted that this work was originally to be done under the larger Gateway Project. The cost associated with this work is $17,014.18. Summary: With the completion of the above change order work, the signal can be energized very soon once the UPRR completes the connection with its crossing gate. Political and public pressure placed by the Council and local residents upon the CPUC over the past few weeks has been very effective, and recent conversations with CPUC and UPRR have proven fruitful. CPUC staff devised and approved a less complicated method of interconnection that will allow UPRR's work to be completed much sooner. CPUC staff indicated that the connection could be made in as little as two weeks. Once the signal is energized, the intersection will be fully functional and ready to conform to the upcoming improvements associated with the Gateway Project. FISCAL IMPACTS: The adopted CIP budget for the Gateway Project contains sufficientlfunds to cover the recornmended change order amounts. i CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The change order would not be approved, and the traffic signal would not be completed at this time. ALTERNATIVE ACTION(S): None in addition to the above. FOLLOW UP ACTION(S): The contractor will be notified to complete the additional work. Work will begin as soon as possible, and be completed within 20 working days. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: None SARATOGA CITY COUNCIL MEETING DATE: November 3, 2004 AGENDA ITEM: ORIGINATING DEPT: Public Works PREPARED BY: Cary Bloomquist 2~ CITY MANAGER: DEPT HEAD: SUBJECT: Review of Mercury Reduction/Virtual Elimination in Municipal Operations Policy RECOMMENDED ACTION (S): Receive staff report and Adopt Mercury Reduction/Virtual Elimination in Municipal Operations Policy REPORT SUMMARY: The current National Pollutant Discharge Elimination System 4NPDES) Storm water Permit (effective October 17, 2001) requires various storm water runoff t$itigation measures of the City on an annual basis, and is subject to both local and regional moriitoring and enforcement. The City presently operates within the parameters of the NPDES permit, and incorporates the provisions of this permit in our daily operations. The reduction and virtual elimination of Mercury is a requirement of this permit due to the potential of additional mercury entering area waterways and affecting local ecosystems. Mercury is highly toxic and easily works it way into and up the food chain, which can affect public health and safety. To remain compliant with the permit, staff is requesting City Council review and adopt the attached Policy requiring reduction virtual elimination of Mercury in municipal operations. Examples of some Mercury containing items products in use at the City include: fluorescent lighting, mercury containing switches and thermostats. These products will be phased out, when economically feasible and if practical, over the years as they wear out and replaced with products containing no or reduced levels of Mercury. FISCAL IMPACTS: No immediate impacts. Replacement costs of low to no Mercury products comparable to mercury containing products. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION (S): Mercury Policy will not be adopted and City will be out of Compliance with the NPDES Permit. ALTERNATIVE ACTION (S): None. FOLLOW UP ACTION (S): If approved, policy will be forwarded to the West Valley Clean Water Program. ADVERTISING, NOTICING AND PUBLIC CONTACT: None. ATTACHMENTS: Attachment A-City of Sazatoga Mercury Policy 2 of 2 ATTACHMENT A CITY OF SARATOGA POLICY TO REQUIRE REDUCTION /VIRTUAL ELIMINATION OF MERCURY IN MUNICIPAL OPERATIONS POLICY STATEMENT It is the goal of the City of Saratoga to support efforts towards the reduction and virtual elimination of the use ofinercury-containing products and their subsequent releases to the environment. To achieve this goal, the City of Saratoga will evaluate pollution prevention opportunities to reduce or eliminate the use ofinercury-containing products from controllable sources identified in municipal activities that may affect urban runoff. A Mercury Pollution Prevention Plan will be developed based on those evaluations. The Pollution Prevention Plan will focus on reduction, and whenever practicable or economically feasible, elimination of intentionally added mercury from controllable sources within municipal operations in an effort to prevent or reduce releases of mercury to the environment. Prioritization of specific actions will focus on the most cost-effective and preventable sources first. The City of Saratoga recognizes the significant benefits of reducing the release of mercury into the environment and also acknowledges, based upon current technology, that it may not be possible to totally eliminate mercury releases due to technological, safety, or economic factors. However, the City remains confident that significant progress maybe achieved by working toward elimination through pollution prevention programs. The Pollution Prevention Plan will establish proper recycling and disposal methods for mercury-containing products from controllable sources that may affect urban runoff within municipal operations that cannot be reduced or eliminated due to technological, safety, or economic factors. Draft 1/26/04 SARATOGA CITY COUNCIL MEETING DATE: November 3, 2004 ORIGINATING DEPT: Community Development AGENDA ITEM: CITY MANAGER: t% ~G~- PREPARED BY: Thomas Sullivan, AICP DEPT HEAD: SUBJECT: Amendment To City Code Sections 2-05.030 and 15-90.065 related to Council Initiated Appeals RECOMMENDED ACTION: Conduct public hearing, read title of proposed ordinance regarding Council initiated appeals, waive reading of full ordinance, direct staff to place ordinance on consent calendar for second reading and adoption. REPORT SUMMARY: The two sections that are involved in the proposed amendment currently read as follows: (d) Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is filed, any two members of the City Council may initiate proceedings for review by the City Council of any administrative determination or decision, which is appealable pursuant to this Section. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular or adjourned meeting of the City Council held within fifteen days after the date on which the determination or decision is rendered. Upon such review being initiated, the same procedure shall thereafter be followed as set forth in this Section and the City Council may take any action as provided in subsection (g) hereof. ]5-90.065 Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is fffed pursuant to subsections 15-90.040(b) and 15- 90.050(b), any two members of the City Council may initiate proceedings for review by the Ciry Council of any decision made by the Planning Commission, which is appealable under this Article. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular or adjourned meeting of the City Council held within fifteen days after the date on which the decision is rendered. Upon such review being initiated, the same procedure shall thereafter be followed as set forth in this Article and the Ciry Council may take any action as provided in subsection 15-90.070(c). (Ord. 71.83 g 7,1990) Due to both the City Council and the Planning Commission regularly canceling one of their meetings in August, a problem can occur if there is not a regular or adjourned City Council meeting during the fifteen calendar days following a Planning Commission action. The proposed amendment would extend the fifteen days to the next regular or adjourned meeting of the City Council. The amended section would read: 2-05.030 Appeals. (Paragraphs (a) through (c) and (e) through (h) are unchanged.) Paragraph (d) is amended as follows: (d) Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is filed, any two members of the City Council may initiate proceedings for review by the City Council of any administrative determination or decision, which is appealable pursuant to this Section. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular or ss ~e~cl l1 meeting of the City Council held within fifteen days after the date on which the determination or decision is rendered or. if no regular or adiourned meeting is held during that fifteen day oeriod at the next regular or adiourned meeting of the City u il. Upon such review being initiated, the same procedure shall thereafter be followed as set forth in this Section and the City Council may take any action as provided in subsection (g) hereof. 15-90.065 Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is filed pursuant to sulbsections 15-90.040(b) and 15- 90.050(b), any two members of the City Council may initiate proceedings for review by the City Council of any decision made by the Planning Commission, vyhich is appealable under this Article. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular ors e ' meeting of the City Council held within fifteen days after the date on which the decision is rendered or if no re ular or adiourned meeting is held during that fifteen day oeriod at the next regular or adiourned meeting of the Citv Council. Upon such review being initiated, the same procedure shall thereafter be followed as set Yorth in this Article and the City Council may take any action as provided in subsection 15-90.070(c). (Ord. 71.83 § 7, 1990) FISCAL IMPACTS: None CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Given the August schedules of both the City Council and Planning Commission, there is a chance that no regular or adjourned Ciry Councff meeting will be held within fifteen days following a Planning Commission meeting. This could negate a Council Members right to Appeal a Planning Commission action. ALTERNATIVE ACTION: Leave the City Code as is. 2of3 FOLLOW UP ACTION: Place the matter on the Consent Calendar for the next regular meeting of the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: The Public Hearing notification was published on 10/13/04. ATTACHMENTS: Draft Ordinance 3 of 3 DRAFTORDINANCE AN ORDINANCE AMENDING ARTICLES 2-05.030 AND 15-90.065 RELATING TO APPEALS UPON INITIATION OF CITY COUNCIL MEMBERS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section I. Findings. The City Council finds and declares as following: • The proposed Ordinance amendment will ensure that City Councilmembers are afforded every reasonable opportunity to appeal a Planning Commission action. Section 2. Adoption. That Article 2-05.030 (d) is amended to read (d) Appeal upon initiative of City Councilmembers. Regardless of whether a notice of appeal is filed, any two members of the City Council may initiate proceedings for review by the City Council of any administrative determination or decision, which ig appealable pursuant to this Section. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular or special meeting of the City Council h ld within fifteen days after the date on which the determination or decision is rendered or, if no r gulaz or adjourned meeting is held during that fifteen day period, at the next regular or adjoume~ meeting of the City Council. Upon such review being initiated, the same procedure shall thereafter be followed as set forth in this Section and the City Council may take any action as provided in subsection (g) hereof. That Article 15-90.065 Appeal upon initiative of City Councilmembers is amended to read: Regazdless of whether a notice of appeal is filed pursuant to subsections 15-90.040(6) and 15- 90.050(6), any two members of the City Council may initiate proceedings for review by the City Council of any decision made by the Planning Commission, which is appealable under this Article. A request for such review shall be made by at least two Councilmembers to the City Clerk during any regular or special meeting of the City Council held within fifteen days after the date on which the decision is rendered or, if no regulaz or adjourned meeting is held during that fifteen day period, at the next regulaz or adjourned meeting of the City Council. Upon such review being initiated, the same procedure shall thereafter be followed as set forth in this Article and the City Council may take any action as provided in subsection 15-90.070(c). (Ord. 71.83 § 7, 1990) Section 3. Severance Clause. The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub- section, sentence, clause and phrase of this ordinance. If any section, sub-section, pazagraph, sub-paragraph, sentence, clause and phrase 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 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 regulaz meeting of the City Council of the City of Saratoga held on the November 3, 2004, and was adopted by the following vote following a second reading on the , 2004: AYES: NOES: ABSENT: ABSTAIN: ANN WALTONSMITH, MAYOR ATTEST: CATHLEEN BOYER, CITY CLERK