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HomeMy WebLinkAbout07-02-2003 City Council Minutes MINUTES SARA TOGA CITY COUNCIL JULY 2, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:00 p.m. Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et aI. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV7970l5) 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, Mayor Nick Streit ABSENT: Councilmember Norman Kline, Vice Mayor Ann Waltonsmith ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst Kin Saxton-Heinrichs, Recreation Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 2, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 2, 2003 was properly posted on June 27, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Dean Tsaggaris, 555 E. Washington Avenue, explained that Dr. Charles Lee, from Menlo Park, was arrested on January 22,2003 as soon as he arrived in China. Mr. Lee was given a trial and was sentenced to a 3-year jail term in March for his intuitions to use the state-controlled television to expose the severe human rights violation suffered by the Falum Gong practitioners in China. Mr. Tsaggaris requested that the City Council write a letter of support to the Chinese Ambassador and our Senators. Feng Wang, 2978 Brozona Court, San Jose, sated that she also was a "Friend of Charles Lee" and requested that the Council support writing a letter for his release. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember King suggested that a letter of support for Mr. Lee be agendized for discussion at the July 16, 2003 City Council meeting. Councilmember Bogosian noted that he supported Councilmember King's request. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. COMMENDATION FOR SACRED HEART CHURCH STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Elizabeth Lilly and Monsignor Larkin from Sacred Heart Church. 2 lB. PROCLAMATION- DECLARING THE MONTH OF JULY AS "PARKS & RECREATION MONTH" STAFF RECOMMENDATION: Read proclamation. Mayor Streit acknowledged the proclamation. SPECIAL PRESENTATIONS 2A. PRESENTATION - JOHN MILLS, DISTRICT MANAGER, REPRESENTING ASSEMBLY MEMBER REBECCA COHN STAFF RECOMMENDATION: Hear presentation and consider adoption of resolution. TITLE OF RESOLTUION: 03-045 A RESOLUTION OF THE CITY COUNCIL URGING THE CALIFORNIA STATE LEGISLATURE TO USE A BALANCED BUDGET APPROACH IN ADOPTING THE STATE BUDGET John Mills, District Manager 24th Assembly District (Cohn), eXplained the State budget situation and requested that the City Council to adopt the proposed resolution urging the State Legislature to use a balanced budget approach in adopting a State Budget. KING/BOGOSIAN MOVED TO ADOPT RESOLUTION URGING THE CALIFORNIA STATE LEGISLATURE TO PASS A BALANCED BUDGET. MOTION PASSED 3-0 WITH KLINE AND WALTONSMITH ABSENT. 2B PRESENTATION - SILICON VALLEY MANUFACTURING GROUP ON SANTA CLARA COUNTY HOUSING ACTION COALITION STAFF RECOMMENDATION: Informational only. Betty Feldhym, Franklin Avenue, noted that she was the City's representative on the Citizen Advisory Commission for Housing Development and was a member of the Housing Action Coalition. Ms. Feldhym explained the "Realities of Affordable Homes" pamphlet. Mayor Streit thanked Ms. Feldhym for her presentation. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES- MAY 21, 2003 STAFF RECOMMENDATION: Approve minutes. 3 Councilmember King requested that due to the lack of a quorum to vote on the minutes, they should be continued to the next meeting. Consensus of the Council to continued the minutes of May 21, 2003 to July 16, 2003. 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/KING MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 3-0 WITH KLINE AND WALTONSMlTH ABSENT. 3C. PLANNING ACTION MINUTES - JUNE 25, 2003 STAFF RECOMMENDATION: Note and file. BOGOSIAN/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 3-0 WITH KLINE AND W AL TONSMlTH ABSENT. 3D. MOTOR VEHICLE (MY) RESOLUTION RESTRICTING PARKING & STOPPING ALONG PORTIONS OF DE SANKA AVENUE AND GOLETA AVENUE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLTUlON: MV-240 RESOLUTION RESTRICTING PARKING ON A PROTION OF DE SANKA AVENUE, GOELTA AVENUE AND GOELTA COURT BOGOSIAN/KING MOVED TO ADOPT MOTOR VEHICLE RESOLUTION. MOTION PASSED 3-0 WITH KLINE AND W AL TON SMITH ABSENT. PUBLIC HEARINGS 4. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. TITLE OF RESOLTUION: 03-044 RESOLUTION OF THE CITY COUNCIL ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS BRUSH 4 Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the attached resolution represents the second step in Saratoga's hazardous vegetation abatement program administered by the County Fire Marshall. City Clerk Boyer noted that the County has sent owners of the parcels requiring weed abatement notices informing them that the weeds must be abated, either by the owners or by the County. The notice also informed them that they may present objections at tonight's public hearing. City Clerk Boyer stated that a representative from the County Fire Marshall's Office was present this evening to answer any questions Councilmembers may have on this topic. In regards to the last hearing in January, Councilmember King asked if the County Fire Marshall's Office addresses the concerns the Council expressed that evening. City Clerk Boyer noted that several months ago the County responded to the Council's concerns and explained the County's remedies. City Clerk Boyer noted that a copy of that letter would be distributed to the Council. BOGOSIAN/KING MOVED TO ADOPT RESOLUTION ORDERING THE ABAEMENT OF BRUSH. MOTION PASSED 3-0 WITH KLINE AND W AL TONSMlTH ABSENT. OLD BUSINESS 5. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report and direct staff regarding regularity of future reports. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: . Bud!!:et Status - $14,704,700 - (total costs both committed and change requests) . Construction Schedule - the punchlist for the library was sent to Thompson Pacific on June 27, 2003. The contractor has 30 days from that date in which to complete the items noted. After that date, the City can assign a value to each unperformed item and issue a deductive change order. The City could then decide to use alternate means to complete the work. Assistant City Manger Tinfow asked the Council if they still wanted her to present her bi-weekly reports on the library or on an as needed basis. Consensus of the City Council to suspend monthly reports to Council on the library. Mayor Streit thanked Assistant City Manager Tinfow for her report. 5 6. AZULE PARK KNOLLWOOD COURT PEDESTRIAN ACCESS FOLLOW-UP STAFF RECOMMENDATION: Accept report and provide direction to staff regarding closure of the existing pedestrian entrance to Azule Park via Knollwood Court. Cary Bloomquist, Administrative Analysis, presented staff report. Analyst Bloomquist explained that in March 2002 the City Council received a staff report regarding the inclusion of a pedestrian pathway to Azule Park via Knollwood Court. The report mentioned a survey, which was mailed out to 188 area residents. 48 surveys were returned, 26 supporting an entrance via Knollwood Court and 22 opposing an entrance. During their March -June 2002 meetings the Parks and Recreation Commission (PRC) voted in favor of the entrance. Analyst Bloomquist stated that Council directed staff to hold a public meeting with those residents who live on Knollwood Court to receive their feedback on the placement of an entrance to Azule Park via Knollwood Court. The meeting was held in April 2002, with residents expressing no support for the entrance. Council requested the issue be further discussed with the residents of Knollwood Court with the PRC and return to Council. Analyst Bloomquist stated that on July 17, 2002, Council was presented a second staff report regarding the entrance. The opinions of the residents of Knollwood Court had not changed. The PRC and the surrounding residents stilI supported the entrance. After the public hearing, Analyst Bloomquist explained, Council directed staff to do the following: . Construct an entrance to Azule Park via Knollwood Court on the condition it will be closed for 2 month period after the parks grand opening and then reopened for a 10 month period, at the end of which it would be closed and the issue brought back to Council for review. Analyst Bloomquist noted that the PRC has been discussing this issue at all of their meetings the past several months. At a Joint Meeting on April 26, 2003, Council instructed the Commission to poll public opinion and hold a public meeting regarding the entrance at their June 2003 meeting. The Commissions polled residents at the park and posted signs inviting them to a public meeting. Subsequently staff received dozens of phone call and emails supporting the entrance be kept open. The PRC also send out a second survey and out ofthe 40 returned, 36 supported keeping the entrance open 4 supported closing it. Analyst Bloomquist note that the public has heavily utilized the entrance during the past 7 months and the City has not received any complaints regarding its usage. Analyst Bloomquist stated that unless new direction is received from Council, the entrance would close after the Grand Opening celebration on July 12, 2003. 6 Councilmember Bogosian asked if there has been any Sheriff reports or any other problems reported to the City. Analyst Bloomquist responded that no such reports have been filed. Mayor Streit asked what the residents on Knollwood Court said on their surveys. Analyst Bloomquist stated that he could not find any returned survey from the Knollwood Courts residents. Vandana Sathe, 12141 Marilla Drive, requested that the Council keep the entrance to Azule Park via Knollwood Court open. Ms. Sathe noted that she has been a regular user of the entrance and has yet to experience any problems. Ken Johnson, 20048 Puente Court, stated that he supports keeping the entrance open. Anwar Garzi, noted the he supports closing the entrance for good. Councilmember Bogosian and Councilmember King noted that they supported keeping the entrance open. Mayor Streit stated that initially he opposed an entrance to the Azule Park via Knollwood Court, but there have not been any problems and the neighbors seem to enjoy it. Mayor Streit noted that he would support keeping the entrance open. Consensus of the City Council to keep the entrance to Azule Park via Knollwood Court open. NEW BUSINESS 7. ARTWORK LOAN AND EXHIBIT AGREEMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Kim Saxton-Heinrichs, presented staff report. Supervisor Heinrichs reported that the City does not have an Artwork Loan and Exhibit Agreement as descried in the Public Art Policy. Supervisor Heinrichs explained that City Attorney Taylor drafted a standard exhibit agreement based on forms traditionally used by other cities. Supervisor Heinrichs stated that most agreements release the agency from all liability, unless the work is valuable. The Arts Commission believes that for this simple agreement it is not necessary for the City to offer insurance of artwork that is loaned for display. Supervisor Heinrichs stated that the Council has the option of amending the agreement to offer insurance ofthe artwork against theft, fire, vandalism, etc. If Council chooses to insure loaned artwork and a claim were made, the City would make payments up to the deductible with the remainder covered by our insurer. Supervisor Heinrichs explained that the City pays $0.75 per $1000 insured per year with a $5,000 deductible for Property Damage. 7 BOGOSIAN/KING MOVED TO ACCEPT ARTWORK LOAN AND EXHffiIT AGREMEENT. MOTION PASSED WITH KLINE AND W AL TONSMITH ABSENT. 8. APPOINTMENT OF DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE STAFF RECOMMENDATION: Appoint voting delegate for League's annual conference. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer reported that the League of California Cities Annual Conference is scheduled for Sunday, September 7-Wednesday thru September 10, 2003 in Sacramento. City Clerk Boyer explained that the League bylaws provide that each city is entitled to one vote in matters effecting municipal or League policy. The deadline to return the "Voting Delegate Form" to the League of California Cities is Friday August 8, 2003. City Clerk Boyer stated that the deadline to register to attend the conference is Friday, August 8, 2003 and noted that ifCouncilmembers would like to attend they should contact Ann Sullivan, Secretary to the City Manger, if you are interested in attending. Consensus of the City Council to appoint Mayor Nick Streit as the City's voting delegate at the 2003 League of California Cities Annual Conference and Councilmember Bogosian as the alternate. COMMISSION ASSIGNMENT REPORTS Councilmember Bogosian reported the following information: Norton Road Fire Access AdHoc - participated in a hillside tour with Director John Cherbone and Chief Duncan of the Saratoga Fire protection District. Councilmember King reported the Following information: Tree Ordinance Update AdHoc -1 st meeting was held. Mayor Streit had no reportable information. CITY COUNCIL ITEMS In regards to a letter received from the Mayor of Mil pitas concerning the reorganization of the VTA, Council member Bogosian requested that this item be agendize for discussion. Mayor Streit stated it was already on the July 16, 2003 agenda. 8 OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 8:00 p.m. Re,sp.~.c.t.fully submitted, ,,-.... .....\ '::;" ,/" / ", '\;2"" .'.. J~h~~~%~MC "'., City Clerk 9