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HomeMy WebLinkAbout05-07-2003 City Council Minutes MINUTES SARA TOGA CITY COUNCIL MAY 7, 2003 The City Council ofthe City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 r.m. Conference With Labor Negotiators (Government Code section 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Legal Counsel - Existing Litigation: (Government Code section 54956.9(a)) Name of case: Nora v. City of Saratoga (Santa Clara County Superior Court No. CV8l0985) Conference With Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to section 54956.9(b): (1 potential case) Initiation oflitigation pursuant to section 54956.9(c): (1 potential case) Public Employee Performance Evaluation:(Gov't Code 54957) Title: City Attorney MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Jesse Baloca, Administrative Services Director Morgan Kessler, Civil Engineer Christine Oosterhous, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 7, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 7, 2003 was properly posted on May 2, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Wanda Kownacki, 19280 Bainter Avenue, requested that the City continue to be involved in the annexation proceedings with the County on Redberry Drive. Ms. Kownacki requested that the Council agendize a discussion regarding the annexation process. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF In regards to Ms. Kowanacki request, Vice Mayor WaItonsmith requested that an item be placed on the agenda to discuss the annexation process. Councilmember Kline asked what the topics for discussion was suppose to be. City Attorney Taylor stated that there are two issues: 1) does the City want to take a position 2) the request has been filed to annex. City Attorney Taylor stated that the report could be informational only. Councilmember Kline supported Vice Mayor Waltonsmith's request. ANNOUNCEMENTS None CEREMONIAL ITEMS I . PROCLAMATION - SUPPORTING VOLUNTEER CENTER OF SILICON VALLEY STAFF RECOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it Tim Quigley, CEO/Volunteer Center of Silicon Valley. 2 SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES - MARCH 19, 2003 STAFF RECOMMENDATION: Approve minutes. W ALTONSMITHlKING MOVED TO APPROVE COUNCIL MINUTES OF MARCH 19,2003. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W AL TONSMITHlKING MOVED TO APPROVE THE CHECK REGISTER MOTION PASSED 5-0. 2C. PLANNING ACTION MINUTES - MARCH 23, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0 2D. ADOPTION OF RESOLUTION DENYING AN APPEAL FILED BY MITCH CUTLER REGARDING A PLANNING COMMISSION DENIAL OF A VARIANCE REQUEST TO ALLOW A 7 Yz FOOT TALL WALL TO REMAIN AT 14480 OAK PLACE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-021 RESOLUTION OF THE CITY COUNCIL CONTAINING FINDINGS AND DECISION BY CITY COUNCIL REGARDING DENIAL OF VARIANCE SOUGHT BY MITCHELL AND TRACY CUTLER FOR 190-FOOT WALL AT 14480 OAK PLACE W AL TONSMITHlKLINE MOVED TO ADOPT RESOLUTION REGARDING DENIAL OF VARIANCE SOUGHT BY MITCHELL AND TRACY CUTLER FOR 190-FOOT WALL AT 14480 OAK PLACE. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. 3 2E. CONTRACT RENEWAL FOR MUNICIPAL TRAFFIC ENGINEERING AND STREET SWEEPING STAFF RECOMMENDATION: Approve a one-year contract renewal with Fehr & Peers Associates, Inc.; approve a one-year contract renewal with Los Altos Garbage Co. Councilmember Bogosian requested that this item be removed from the Consent Calendar. Councilmember Bogosian noted that he approved the contract renewal with Los Altos Garbage. In regards to the contract renewal with Fehr & Peers Associates, Councilmember Bogosian asked how much the City has spent on traffic engineering services and would not support this contract without those figures. City Manager Anderson responded that staff would bring back a report listing the cost tat the next meeting. BOGOSIAN/W AL TONSMlTH MOVED TO APPROVE THE CONTRACT RENEWAL WITH LOS ALTOS GARBAGE CO. AND CONTINUE THE CONTRACT RENEWAL WITH FEHR & PEERS TO THE MEETING OF MAY 21, 2003. MOTION PASSED 5-0. 2F. PROPOSAL FOR ARCHITECTURAL DESIGN SERVICES FOR THE VTA RESTROOM PROJECT STAFF RECOMMENDATION: Approve proposal from Bill Gould Design. WALTONSMITH/KING MOVED TO APPROVE PROPOSAL FROM BILL GOULD DESIGN FOR THE VTA RESTROOM PROJECT. MOTION PASSED 5-0. 2G. RESOLUTION - SUPPORTING THE DRAFT EXPRESSWAY DRAFT PLAN STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-024 A RESOLUTION OF THE CITY COUNCIL ENDORSING , THE COMPREHENSIVE COUNTY EXPRESSWAY DRAFT PLAN W ALTONSMlTH/KING MOVED TO ADOPT RESOLUTION ENDORSING THE DRAFT EXPRESSWAY STUDY. MOTION PASSED 5-0. 4 PUBLIC HEARINGS 3. APPLICATION #SD-OI-001 & ED-OI-003 - (397-27-029), JAVANMARD, 20440 ARBELECHE LANE; - THE APPLICANT REQUESTS TENTATIVE PARCEL MAP APPROVAL TO SUBDIVIDE ONE PARCEL INTO TWO BUILDING SITES STAFF RECOMMENDATION: Open and continue the public hearing. Christie Oosterhous, Assistant Planner, presented staff report. Planner Oosterhous noted that the applicant has requested that the public hearing be continues to July 2, 2003. BOGOSIAN/W AL TONSMITH MOVED TO CONTINUE PUBLIC HEARING TO JULY 2, 2003. MOTION PASSED 5-0. 4. APPEAL OF A PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE DESIGN REVIEW APPLICATION NO. 02- 259 TO CONSTRUCT A TWO-STORY FAMILY RESIDENCE LOCATED AT 14165 VICTOR PLACE STAFF RECOMMENDATION: Hold public hearing and take appropriate action. Christie Oosterhous, Assistant Planner, presented staff report. Planner Oosterhous explained that on March 12, 2003 the Planning Commission approved Design Review Application No. 02-259 with conditions. The design review application includes the construction of second-story additions to an existing one-story single-family residence. One balcony is located on the front façade and a second balcony is located on the rear elevation. Special conditions of approval include requiring obscure or clerestory windows on the second floor to protect the appellant's privacy. Planner Oosterhous noted that at the hearing on March 12, 23003 the appellants Rajiv and Minakshi Mathur requested that the property be restricted to single-story development, that the proposed floor plan be re-designed, or that the rear balcony be eliminated. The Planning Commission could not support eliminating a second story balcony on the rear ofthe proposed residence based on the following findings: 1) the size of the balcony would not lead to much use, 2) the appellant resides in a two-story residence which overlooks the applicants property 3) the balcony on the rear of the residence was necessary for architectural balance with the balcony on the front façade and 4) obscure or clerestory windows on the second floor would avoid a unreasonable interference with privacy. 5 Planner Oosterhous noted that the Planning Commission could not justify prohibiting the applicant the very property rights the appellant enjoys when unreasonable interference with privacy could be mitigated with obscure or clerestory windows. Mayor Streit opened the public hearing. Miniakshi Mathur, 14185 Victor place, eXplained that when the applicant approached her to sign a letter of support for the project, she was very busy and did not read the letter properly. Mrs. Mathur noted that the applicant told her there would be plenty oftime to review and discuss the project. Mrs. Mathur noted that they feel the applicant mislead them. Mrs. Mathur noted that this project will change the character of the neighborhood and invades their privacy. Mrs. Mathur noted that the second story windows and balcony overlooks their backyard, side yard, and first floor bedroom. Mrs. Mathur noted that their house was already a two-story and when they remodeled they stayed within the guidelines. Mrs. Mathur urged the Council to reject the project as is. Hayong Lee, Architect/HL Design, 6601 Owens Drive, Pleasanton, noted that his clients are willing to install obscure or clerestory windows. Rajiv Mathur, 14185 Victor Place, requested that the Council reject the project and send it back to the Planning Commission. Mayor Streit closed the public hearing. Vice Mayor WaItonsmith noted that she visited the site and noticed that the only property the project would affect is the Mathur property. Vice Mayor Waltonsmith stated that she supports the Planning Commission decision. Councilmember Kline concurred with Vice Mayor WaItonsmith to uphold the Planning Commission's decision. Councilmember King stated that if the property owner and the architect are willing to install obscure or clerestory windows on the second floor she supports upholding the Planning Commission's decision. Councilmember King stated that balconies look nice and homeowners don't usually use them a lot. Councilmember Bogosian and Mayor Streit concurred with their coIIeagnes. WALTONSMlTH/KING MOVED TO UPHOLD THE PLANNING COMMISSION'S DECISION AND DENY THE APPEAL WITH THE PROVISO THAT OBSCURE OR CLERESTORY WINDOWS ON THE SECOND FLOOR. MOTION PASSED 5-0. 5. APPEAL BY WILLIAM F. BRECK OF PLANNING COMMISSION DECISION GRANTING A VARIANCE FOR A 25-FOOT LONG FENCE AT 14480 OAK PLACE (CUTLER RESIDENCE) STAFF RECOMMENDATION: Conduct public hearing and take appropriate action. 6 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted that the appellant is requesting the City Council overturn a Planning Commission approval of a variance to allow over-Code height for the 25- foot section ofa proposed property line wall along the southeasterly side (adjacent to the Goldman property) ofthe Cutler parcel to be 6-feet tall. As this is within the front yard of the parcel, the code restricts the height offences in the front yard to 3- feet even if the fence is along the side of the parcel. Director Sullivan explained that the approving authority may grant a variance as applied for or in modified form if, on the basis of the application and the evidence submitted, the approving authority makes all of the findings. Director Sullivan briefly eXplained to the City Council the findings that must be made. Director Sullivan explained that in granting the variance the Planning Commission did not attach any conditions of approval, however, if the City Council denies the appeal and upholds the Planning Commission decision to grant the variance, it could do so conditionally. Director Sullivan described the proposed conditions and stated that if required by the Council the conditions could be made a prerequisite of the issuance ofthe variance. Mayor Streit opened the public hearing. Bill Breck, 20375 Saratoga-Los Gatos Road, stated the he submitted a letter requesting a continuance due to the fact that many ofthe neighbors were out of town and unable to attend tonight's meeting. Mayor Streit instructed Mr. Breck to continue with his presentation and Council would consider his request after the public hearing. Mr. Breck noted that there is no valid reason to grant this variance; Mr. Cutler is not being deprived of any realistic privileges. Mr. Breck stated that Director Sullivan characterized Cutler's wall application as "egregious" and over 300 visitors who saw the concrete wall had the same conclusion. Mr. Breck stated that former and current Chairs of Planning Commission said they are against the variance. Mr. Breck stated that the neighbors expect their elected City Council members to help preserve their neighborhood and Mr. CuIter's wall is "Jail like" concrete wallsright on their borders. Mr. Breck requested that the Council deny the variance because there are no special circumstances nor should any privileges be given. Mr. Breck stated that the wall is detrimental because of the following reasons: · Wall is detrimental to neighboring properties · Excessive mass and bulk right on their borders · Concrete is an obnoxious material choice · Height violates view corridor rights · Crucial natural visual screening is destroyed 7 In summary, Mr. Breck stated that in summary there are many negative findings that can be found such as the only special circumstance is a protected oak right in the middle of the structure, all other properties in the vicinity have identical limitations, and the wall is detrimental to neighboring properties. Mr. Cutler noted that he had no comment. Holly Davies, 14478 Oak Place, presented Council a report from a Planning Commission meeting dated October 18,1979. In October 24,1979 the Planning Commission confirmed that the lot was a flag lot. On Oct 18, 1979 the Planning Director at the time issued an interpretation to the whole matter and denied a dual access 25- foot minimum access on Saratoga-Los Gatos Road. The easement is a fire lane. Mrs. Davies asked that the Council to please confirm that the 13-foot wide easement is a secondary nonconforming access that should not be equated with the 20-foot wide minimum access road, which is the sole legal access to the parcel. Mr. Breck reiterated why the variance should not be granted and requested that Council continue the public hearing to the next meeting because the Goldmans could not be here tonight. Mr. Cutler noted that he had no comment. Mayor Streit closed the public hearing. Councilmember Kline asked if the City had any ordinance prohibiting concrete fences. Director Sullivan responded no. Councilmember King asked ifthe Goldmans spoke or submitting anything in writing at the Planning Commission. Director Sullivan responded that to the best of his knowledge the Goldmans did not speak at the Planning Commission nor has his department received anything in writing. Director Sullivan stated that he hasn't had any personal discussions with them either. Councilmember Kline noted that he supports granting the variance because of the following reasons: · The lot is a flag lot. · Would not be giving Mr. Cutler special privileges · Would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity Councilmember Kline noted hat he supports the added conditions recommended in the staff report and suggested a seventh. Council member Kline noted that the variance should only be issued ifthe other fence on the property is put into conformance in a timely manner. 8 City Attorney Taylor noted that the Council could grant the variance tonight and staff is only allowed to issue it once all the added conditions are satisfied. Vice Mayor Waltonsmith noted that she supports denying the appeal and granting the variance. . Councilmember King concurred with her colleagues. Councilmember Bogosian noted that he can make the findings to grant the variance but doesn't necessarily support the added 7'h condition as proposed by Councilmember Kline. Mayor Streit noted that he agrees with his colleagues and supports the variance and supports denying the appeal. KLINE/KING MOVED TO DENY THE APPEAL: GRANT THE VARIANCE FOR A 25-FOOT LONG FENCE AT 14480 OAK PLACE (CUTLER RESIDENCE) WHEN THE SEVEN CONDITIONS ARE MET IN A TIMELY MANNER; DIRECT STAFF TO BRING BACK THE RESOLUTION ON MAY 21, 2003. MOTION PASSED 4-0-0-1 WITH BOGOSIAN OBSTAINING. 6. PUBLIC HEARING AND FIRST READING OF AN ORDINANCE AMENDING ARTICLE 16 OF THE SARATOGA CITY CODE BY ADDING 16-75.050 - MAINTENANCE OF CONSTRUCTION PROJECT SITES STAFF RECOMMENDATION: Open and continue the public hearing. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted that at the City Attorney's request this item is being continued and readvertised to include additional amendments to the Article 16 of the Saratoga City Code. KLINE/KING MOVED TO CONTINUE PUBLIC HEARING TO MAY 21. 2003. MOTION PASSED 5-0. Mayor Streit declared a ten-minute break at 8:30 p.m. Mayor Streit reconvened the meeting at 8:40 p.m. OLD BUSINESS 7. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report; increase authorized library construction budget; provide direction to staff regarding possible opening art exhibit at the Library. Lorie Tinfow, Assistant City Manager, presented staff report. 9 Assistant City Manager Tinfow reported that following: · Bude:et Status - $14,681,991 - (total costs both committed and change requests) staff requests increase the budget to $14,750,000. · Construction Schedule - completion date of May 21, 2003. Assistant City Manager Tinfow noted that the Arts Commission, with assistant from Vice Mayor WaItonsmith, has been a pursing the idea of special art exhibit to coincide with the first 30-60 of the Library's opening. A local resident has a spectacular art collection, a portions of which he regularly loans to museums. He is willing to loan paintings for display under certain circumstances. Assistant City Manager Tinfow noted that the following are required by the resident: · Issuance - painting need insurance coverage while hanging in the Library - cost approximately #313.00 per month. · Protection & Supervision - requires constant monitoring (56 hours per week) - approximate cost $1,l20/week. · Art Wall Display - the wall must be painted a specific color. · Lighting - paintings require specific lighting. Assistant City Manager Tinfow noted that the Library has made it clear that they will not take the responsibility for these paintings or for managing this particular exhibit. Assistant City Manager Tinfow noted that the staff was requesting direction on whether or not to proceed with the art exhibit. LeRoy Murray, Chair/Arts Commission, noted that he agrees with staff s concerns. Chair Murray noted that he recently talked with Dr. head and he has agreed to shorten the time frame of the displays to 30-60 days, although any shorten time frame would not be worth the time. Mr. Murray noted that the Arts Commission has yet to discuss the idea of gathering volunteers to guard the art displays. Councilmember Bogosian noted that he appreciates all the work the Arts Commission has done and appreciates Dr. Head's generous offer but he also has concerns with the security issues. Councilmember Bogosian noted that some of the windows in the Library are out of site. Councilmember Kline noted that we have an operating library not a museum. Councilmember King asked what types of art do other libraries display. Councilmember Kline noted that other community libraries display community art. Vice Mayor WaItonsmith asked about the security around the windows and if it is being addressed. Assistant City Manager Tinfow explained that the County was responsible for choosing the contractor and approving the scope of work for the security system. Assistant City Manager Tinfow added that the bond did not pay for the security system. 10 Assistant City Manager Tinfow noted that the County feels they did a great job developing and identifying security issues. The system reflects their needs and past history. Councilmember Bogosian noted that he would be open for more extensive security system. Mayor Streit thanked Assistant City Manager Tinfow for her report. W AL TONSMITH/KLINE MOVED TO INCREASE THE BUDGET TO $14,750,000 MOTION PASSED 5-0. NEW BUSINESS 9. WEST HOPE PRESBYTERIAN CHURCH PARKING AGREEMENT FOR EL QUITO PARK GROUP USE STAFF RECOMMENDATION: Approve lease agreement with Westhope Presbyterian Church; approve an increase to the existing contract with G. Bortolotto & Co. John Cherbone, Public Works Director, presented staff report. Director Cherbone eXplained that Emma Wyckoff, 18660 Paseo Lado, noted that she appreciates the efforts of everyone involved in this process. Ms. Wyckoff noted that this agreement is a win-win situation for everyone. Bencr Nagy, 12916 Glen Brae Drive, noted that he was the treasurer and an Elder at West Hope Church. Ms. Fuance thanked John Cherbone for all of his work. Joan Faunce, 18644 Bucknell Road, noted that she has lived Saratoga fro 25 years and was a member of the El Quito Park Task Force. Ms. Faunce noted that there still is a problem with the egress and ingress on Saratoga Avenue. WALTONSMITH/BOGOSIAN MOVED TO APPROVE LEASE AGREEMENT AND INCREASE THE EXISTING G CONTRACT WITH G. BORTOLOTTO & CO. MOTION PASSED D 5-0. 8. INTRODUCTION OF 2003-2004 PRELIMINARY BUDGET STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. 11 Director Baloca noted that on behalf of the City's Management Team he was present tonight to submit the City's 2003-2004 Operating Budget to be reviewed and considered by the Council. Director Baloca noted that it has been a difficult year where staff has had to be proactive because of the continued economic downturn and reactive to the potential threat by the State's budget crisis. Fortunately, the City implemented a timely mid-year strategy to assume worst-case scenario and adjusted the budget to reflect revised revenue projections. Director Baloca noted that the revised revenues included the Governors December 2002 proposal to takeaway a $590k from the Vehicle License Fee (VLF) revenue. Any operating surplus at fiscal year end June 30, 2003 would be applied to partially offset the projected take-away from the State Budget process or to re-establish reduced service levels. Director Baloca stated that his is the first year that the City presents a pure operating budget, resulting from the completion of the Library Expansion Project and the transfer of prior year ongoing capital improvements projects (CIP) to the 5-year CIP budget, which was established for new projects in fiscal year 2001-02. Director Baloca briefly went through the proposed budget noting that the preliminary 2003-04 Budget was further developed using worst-case scenario concept to reflect potential VLF revenue loss of$I.2 million and booking fee reimbursements of $23k. Reserves designated for technology replacement and future PERS obligations have been segregated into a separate fund. Even with the potential State funding cuts, the General Fund maintains its operating contingency reserve of$2.367 million and economic uncertainty reserve of$1.5 million. In conclusion, Director Baloca stated that the City staff has developed an operating budget that clearly reflects fiscal conservatism during these challenging economic times by balancing the City's limited resources with the needs of the community. Jim Hughes, Chair/Finance Commission, noted that the Finance Commission reviewed the budget on Monday night and made their comments. Chair Hughes noted that the approach is great. When the State budget becomes final, we will need to revisit the City budget to make necessary changes. Councilmember Kline note that he appreciates the Finance Commission's input in the budget process and requested that they take a look at setting up "sinking funds" for building maintenance. Councilmember King thanked Director Baloca and the Finance Commission for their hard work on the budget. Due to budget constraints this year, Mayor Streit asked whether or not the City should hold it's annual Commission Appreciation Dinner. Councilmember Bogosian requested that the dinner go forward because it's a great opportunity to say thank you to all the City's Commissioners. 12 Consensus of the City Council to go forward with the Commission Appreciation Dinner. Director Baloca noted that the 2nd Budget Workshop would be agendized for May 21,2003. 10. SARATOGA SPEED ZONE SURVEY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Morgan Kessler, Civil Engineer, presented staff report. Engineer Kessler explained to Council that California Vehicle Code establishes statutory speed limits for broad roadway classifications; these regulations cannot cover every local road or traffic conditions. Because of this, governments have the authority to modify the statutory speed limit to accommodate specific local conditions. To accomplish this, a licensed traffic engineer must conduct a speed zone study periodically. The study's purpose is to examine local speed trends and existing speed limits, and to establish speed limit recommendations based upon tbe 85th percentile of observed speed on a given stuffy segment. The survey is then brought before the government's decision-making bodies for review and acceptance or modification. Engineer Kessler explained that last year the City hired Higgins Associates, Inc. to perform a speed zone study. The report was brought forward before the Public Safety Commission (PSC) and the Santa Clara County Sheriffs Department fro review and comment ofthe study's recommendations. Following the review the PSC voted on each recommendation item in the study, and under direction ofthe City's Traffic Engineer, made a decision whether an item should be accepted, ore rejected with no change to existing conditions. Engineer Kessler briefly explained speed limit recommendations regarding certain Saratoga street segments, as made by Higgins Associates. Inc. Mayor Streit noted that the survey only recommends increasing the speed limit on three segments and the PSC opposes the increase. Councilmember King noted that she here's in the community that the residents want the speed limits kept down and noted that she supports the PSC recommendations. Consensus of the City Council to support Higgins & Associates speed survey recommendations. Vice Mayor Waltonsmith and Councilmember King opposed. 11. CITIES ASSOCIATION LEGISLATIVE COMMITTEE - POSITIONS ON LEGISLATION STAFF RECOMMENDATION: Accept report and direct representative accordingly. Vice Mayor WaItonsmith noted that she represents the City of Saratoga on the 13 Cities Association Legislative Task Force. Vice Mayor Waltonsmith noted that in the packet were bills the Task Force would like the City to consider. The members of the Task Force want consensus on the bills, whether to support, not to support or monitor. The City Council discussed each bill and the following is the consensus of the Council, which will be reported back to the League of California Cities via Vice Mayor WaItonsmith. ACA 1 - Lon!!ville · Reduce to simple majority the pass the State Budget Consensus to support a "Super Majority" of 60% ACA 7 - Dutra · Reduces to a 55% vote for Sales Taxes for Transportation from a 2/3' s requirement Oppose - Maintain the 2/3rds majority for Sales Tax ACA lILevine · Reduces to a 55% vote for new local government bonds for infrastructure Consensus to support AB 53 - Simitian · Sets cap for ERAF Support AB 51 - Simitian · Requires that by a date certain Land Use Elements consider the location and need for Daycare Facilities No position AB 162 - Cohn · Provides Tax Credit for loans to Teachers for housing 3/2 Support "as is" 5/0 Support with amendment to include all local government employees AB 218 · Provides housing credit for Seniors living in Congregate Care facilities Support AB 829 · Merges MTC and ABAG No position AB 1160 Revises last sessions 2nd Dwelling Unit legislation Oppose 14 SB 17 - Escutia · Speeds up the property tax change of commercial properties when they change hands Support SB 400 - Torlakson · Broadens Sales Taxes to include tangible personal property such as leased furnishings, video rental and the like. It also includes specialized services. The bill seems to stop short of including professional services. Oppose AB 1221 - Steinberl! · Reduces by 50% the amount of sales tax that local governments receive from the 1 % Bradley-Burns sales tax; exchanges that amount of money for an equal amount of property taxes Oppose COMMISSION ASSIGNMENT REPORTS Mayor Streit reported the following information: Finance Commission - reviewed the budget VGNA Task Force - considering 2 sign, needs 60% approval Vice Mayor WaItonsmith reported the following information: Parks and Recreation Commission - reviewed the park designs for three parks which will be coming before Council on may 21,2003 Councilmember King reported the following information: Youth Commission - holding their first Music Festival at Wildwood Park on May 17, 2003. Councilmember Kline reported the following information: Gatewav Task Force - met with the newly appointed Task Force and stated that the members are getting along and working well as a group. Councilmember Bogosian reported the following Information: Library Expansion Committee - CITY COUNCIL ITEMS Councilmember Bogosian noted that at a recent Emergency Preparedness Council a Councilmember Kline noted the Mountain Winery sent out VIP tickets to the Moody Blues and reminded the Council that the tickets should be paid for. In regards to the Rotary Art Show that took place this past weekend, Councilmember Kline asked if the City's sign ordinance addresses large sign in the medians. 15 Director Sullivan noted every year that apply for a Temporary Use Permit. Councilmember King announced the essay contest for students for the Library grant Opening. Vice Mayor Waltonsmith announced SASCC annual fundraiser desert buffet and "No No Nannette" show on May 29,2003. OTHER CITY MANAGER'S REPORT ADJOURNMENT There being no further business Mayor Streit noted that the Council would return to Closed Session at 10:55 p.m. There being no further business Mayor Streit adjourned Closed Session at 11:30 p.rn. IIy submitted, 16