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HomeMy WebLinkAbout09-03-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL SEPTEMBER 3, 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- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Mary Feinstein Agency claimed against City of Saratoga Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager Conference with Legal Counsel - Initiation ofIitigation (Gov't Code section 54956.9): (1 potential case). Conference with Legal Counsel- Threatened litigation (Gov't Code section 54956.9): (1 potential case). Conference With Legal Counsel- Existing Litigation Name of case: Parker Ranch Homeowners Association, et al. v. Tsung-Ching Wu, et al. (Santa Clara County Superior Court Case Number CV797015) 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 7:00 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 Oanielle Surdin, Administrative Analyst Jesse Baloca, Administrative Services Director T om Sullivan, Community Development Director John Cherbone, Public Works Director Morgan Kessler, Assistant Engineer Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 3, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 3, 2003 was properly posted on Augnst 28, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICA nONS The following people requested to speak at tonight's meeting: Marvin Becker, eXplained that he has been trying to reach the City's Community Service Office for several days. Mr. Becker stated that there has been a car sitting on blocks on Brookglen Drive for several weeks. Mr. Becker noted that he feels it is a public nuisance. Mr. Becker stated on 8/26 the Community Service Officer finally returned his call only to say that there was nothing he could do about the car. Bill Breck, stated that this was his fifteenth time before the City Council requesting that tree protection fences be placed around all of the protected trees around the property located at 14480 Oak Place. Mr. Breck also requested that the "Stop Work" notice be reinstated at that prope11y COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith requested that staff follow up with Mr. Becker's comments. City Manager Anderson responded that he would follow up and report back to Council. Vice Mayor Waltonsmith requested that Me Breck's comments be followed up on. City Manager Anderson responded that he would follow up and report back to Council. ANNOUNCEMENTS None CEREMONIAL ITEMS None 2 SPECIAL PRESENT A TIONS lA. INTRODUCTION OF SARATOGA SCHOOL DISTRICT SUPERINTENDENT, LANE WEISS STAFF RECOMMENDATION: Informational only. Dave Anderson, City Manager, introduced the new Saratoga Union School District Superintendent, Lane Weiss. Mr. Weiss thanked the Council for inviting him tbis evening and stated that he was looking forward to building a strong partnership with the City. Mr. Weiss announced that on September 18, 2003 the Saratoga Union School District and the City would be having a reception welcoming him to the community in the Civic Center courtyard CONSENT CALENDAR 2A. CITY COUNCIL MINUTES-AUGUST 6, 2003 STAFF RECOMTvlENDA TION: Approve minutes WALTONSTvlITH/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF AUGUST 6. 2003. TvlOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOTvlMENDATION: Approve check register. W AL TONSMITH/BOGOS1AN MOVED TO APPROVE CHECK REGISTER MOTION PASSED 5-0. 2e. 2002/03 YEAR END APPROPRIATION ADJUSTMENT STAFF RECOMMENDATION: Adopt resolution TITLE OF RESOLUTION: 03-052 RESOLUTION MAKING APPROPRIATIONS ADJUSTMENTS TO THE FISCAL YEAR 2002/03 BUDGET , .) WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION MAKING APPROPRIATIONS ADJUSTMENTS TO THE FISCAL YEAR 2002/03 BUDGET MOTION PASSED 5-0. 2D. SECOND READ£NG AND ADOPTION OF ORDINANCE TO AMEND CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM CONTRACT TO INCLUDE MILITARY SERVICE CREDIT AS PUBLIC SERVICE STAFF RECOMMENDATION: Adopt ordinance TITLE OF ORD£NANCE: 222 AN ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SARATOGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WALTONSMITH/BOGOSIAN MOVED TO ADOPT ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SARATOGA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. MOTION PASSED 5-0. 2E. ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-I DEVELOPMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARATOGA STAFF RECOMMEIiQATlON Adopt ordinance. TITLE OF ORDINANCE 221 ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-l DEVELOPMENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARA TOGA WALTONSMITH/BOGOSIAN MOVED TO RE-ADOPT ORDINANCE AMENDING VARIOUS SECTIONS OF THE ZONING CODE RELATING TO R-l DEVELOPM ENT AND SUBDIVISION CODE RELATING TO THE ELIMINATION OF THE BUILDING SITE APPROVAL PROCESS OF THE CITY OF SARATOGA. MOTION PASSED 5-0. 4 2F. AZULE PARK PROJECT - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. WALTONSMITH/BOGOSIAN MOVED TO ACCEPT NOTICE OF COMPLETION FOR AZULE PARK PROJECT. MOTION PASSED 5-0. 2G. 2003 PAVEMENT MAINTENANCE PROGRAM-AWARD OF CONTRACT STAFF RECOMMEN DATION: Declare Valley Slurry Seal Company to be the lowest bidder; award contract; approve additional work in the amount of $50,000; authorize change order up to $10,000 WALTONSMITH/BOGOSIAN MOVED TO DECLARE VALLEY SLURRY SEAL COMPANY TO BE THE LOWEST BIDDER: AWARD CONTRACT: APPROVE ADDITIONAL WORK IN THE AMOUNT OF $50,000: AUTHORIZE CHANGE ORDER UP TO $10,000. MOTION PASSED 5-0. 2H. SECOND REST!\. TED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREA TING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY STAFF RECOMMENDATION: Authorize execution of agreement. Counci]member Bogosian requested that item 2H be removed from the Consent Calendar. Councilmember Bogosian stated that the agreement had two specific amendments. First every city would that is part of the JPA would get one vote except for Santa Clara who would get two votes. The second specific amendment allows the JP A to retain 20% oftunds paid into the JPA and reimburse the rest ofthe money if a City decides to withdraw from the JP A. Councilmember Bogosian stated that this amended agreement would make the JPA stronger. BOGOSIAN/KING MOVED TO AUTHORIZE EXECUTION OF AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY MOTION PASSED 5-0. 5 21. BAY AREA AIR QUA LlTY MANAGEMENT DISTRICT (BAAQMD) - SPARE THE AIR STAFF RECOMMENDATION Support the Clean Air Consortium and authorize the City Manager to sign the Clean Air Consortium Voluntary Agreement on behalf of the City. W AL TONSMITH/BOGOSIAN MOVED TO SUPPORT THE CLEAN AIR CONSORTIUM AND AUTHORIZE THE CITY MANAGER TO SIGN THE CLEAN AIR CONSORTIUM VOLUNTARY AGREEMENT ON BEHALF OF THE CITY MOT10N PASSED 5-0. 2J. RESOLUTION RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF' CIVIL RIGHTS AND LIBERTIES OF SARATOGANS STAFF RECOMMENDATION Adopt resolution. TITLE OF RESOLUTION: 03-53 RESOLUTION RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF' CIVIL RIGHTS AND LIBERTIES OF SARATOGANS Councilmember Bogosian requested that item 2J be removed from the Consent Calendar. Councilmember Bogosian stated that he fully supported the resolution and was grateful to the League of W omen Voters for bringing this issue forward. Councilmember Bogosian requested a role call vote; 5-0 ayes. Vice Mayor Waltonsmith stated that she concurred with Councilmember Bogosian and requested the Mayor read the last four paragraphs of the resolution. Mayor Streit proceeded to read the requested paragraphs. WALTONSMITH/KING MOVED TO ADOPT RESOLUTION RELATING TO THE USA PATRIOT ACT AND THE PROTECTION OF CIVIL RIGHTS AND LIBERTIES OF SARATOGANS. MOTION PASSED 5-0. 2K. AMENDMENT TO THE CITY MANAGER'S CONTRACT STAFF RECOMMENDATION Approve contract 6 WALTONSMITI-VBOGOSIAN MOVED TO APPROVE CITY MANAGER'S CONTRACT MOTION PASSED 5-0. 2L. CLAIM OF MARY FEINSTEIN; CLAIM NO. GL-054729 STAFF REC OMJ\1 EN DATION Reject claim. WALTONSMITI-!/BOGOSIAN MOVED TO REJECT CLAIM OF MARY FEINSTEIN. MOTION PASSED 5-0. 2M. STATEMENT OF CITY SUPPORT FOR THE RETENTION OF THE CALIFORNIA SPECIALIZED TRAINING INSTITUTE IN THE STATE BUDGET STAFF RECOMMENDATION Authorize Mayor to sign letter of support. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE MAYOR TO SIGN LETTER OF SUPPORT. MOTION PASSED 5-0. PUBLIC HEARINGS 3. MAJOR UPDATE AND AMENDMENTS TO SECTION 15-50, TREE REGULATIONS AND ADOPTION OF A ENVIRONMENTAL DETERMINA TION STAFF RECOMMENDATION Conduct public hearing~ adopt resolution granting the Negative Declaration of Environmental Impact; introduce ordinance; and place on consent calendar at the September 17, 2003 meeting for adoption. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that last year the Planning Commission adopted a resolution recommending the City update and amend the City's Tree Ordinance. The City Council appointed an ad hoc committee comprised of Mayor Streit and Councilmember King to work with staff to review the proposed amendments to the Tree Regulations Director Sullivan noted that the Planning Commission supported the recommended changes. Director Sullivan reviewed the proposed changes. Vice Mayor Waltonsmith requested clarification in regards to the section on prunmg. 7 Director Sullivan explained that a property owner can prune their tree not more than 20%· of the crown without a City permit. Director Sullivan stated that a permit is required for the pruning of a protected tree located on a neighboring property. Mayor Streit opened the public hearing. Bill Breck, noted that he supported that proposed ordinance. Mr. Breck stated that he had some concerns in regards to the a few sections: 15-50.180 - the section is still ambignous 15-50.180 - bonds should posted for more than five years 15-50.070 - "crown" is not clearly defined 15-50. I 90 - contractors should be required to have a "state" license Tom Corson, commended Director Sullivan and the ad hoc committee for the proposed ordinance Mr. Corson suggested that the City hire a full time Arborist and redwood trees be added to the list of protected trees. City Attorney Taylor explained that technical issues have been found in he proposed ordinance which should be corrected. City Attorney Taylor stated that the Council should go forward with discussion and continue the first reading until September 17, 2003. STREITIKL1NE MOVED TO CONTINUE THE FIRST READING TO SEPTEMBER 17. 2003. MOTION PASSED 5-0. Director Sullivan noted that he would clearly define "canopy" and "crown". In regards to Mr Corson's statement, Director Sullivan explained that in Section 15.45.060 redwood trees are listed under native trees. Referring to the section on pruning, Councilmember Bogosian noted that he doesn't support a property owner receiving a misdemeanor if a tree is pruned more than 20%. Councilmember Bogosian stated that he supports a property owner receiving a misdemeanor if a tree is illegally removed. Councilmember Bogosian stated that if the ordinance cannot quantity pruning than it should not be addressed. Vice Mayor Waltonsmith stated that she concurred with Councilmember Bogosian. Director Sullivan stated that the penalty could remain an infraction instead of a misdemeanor except for an illegal removal of a tree. Councilmember Bogosian asked City Attorney if a person receives a misdemeanor citation would it appear on a court record. City Attorney Taylor responded that he did not know but would report back to Council at the next meeting 8 A discussion took place in regards to permits and bonds when moving a tree Consensus of the City Council to direct staff to make the suggested changes and clarifications and return on September 17, 2003 to continue the public hearing. OLD BUSINESS 4. EXPANDING DECORATIVE AND SAFETY LIGHTING IN THE VILLAGE STAFF RECOMMENDATION Accept report and direct staff accordingly. Danielle Surdin, Administrative Analyst, presented staff report. Analyst Surdin explained that at the June 18, 2003 City Council meeting, Council approved year-round decorative lighting in the Village commercial district 7-days a week. Council directed staff to look at the option expanding the lighting program to include Saratoga-Los Gatos Road, 3'd & 4th streets, and the lighting of Blaney Plaza's main entrance for this year's holiday tree lighting ceremony. Analyst Surd in stated that staff also included cost estimates for two related Village lighting issues that were previously raised as a public safety concerns - the addition ofIight to the stairs on 4th street that connect the Village with Oak Street, and the installation of an additional street light on 3'" street. Analyst Surdin explained the five projects including cost estimates. Analyst Surdin stated that the maintenance, purchasing, and energy costs for Projects 1, 2, 4, & 5 would be allocated from the Landscaping and Lighting District Fund - Zone 7. Mayor Streit asked if Blaney Plaza was included in Zone 7. John Cherbone, Public Works Director, responded that Blaney Plaza was not part of Zone 7. Councilmember Kline suggested "up lighting" the trees in Blaney Plaza instead of tree lights. In regards to the holiday tree lighting ceremony, Councilmember King asked if there would be a permanent tree in Blaney Plaza. In response to Counci!member King's question, Mayor Streit responded that there was a proposed tree in the Master Plan for Blaney Plaza. 9 KLINE/BOGOSIAN MOVED TO APPROVE PROJECTS 1,2,4, & 5. MOTION PASSED 5-0. 5. WILDWOOD PARK SAFETY REVIEW OF KOMPAN MULTI SEE SAW M146 STAFF RECOMMENDATION Approve placement of equipment. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that at the August 6, 2003 City Council meeting, Council approved the Design Plan for the Playground Improvements at Brookglen and Wildwood Parks and authorized the purchase of play equipment for the approved vendors As a condition of this approval, Council requested the City perform a detailed safety analysis of the Multi Seesaw (M 146) component from play equipment manufacturer Kompan in an effort to determine the products safety features, safety record and to determine if this type of play equipment is inherently more dangerous that other types of play equipment Analyst Bloomquist staled that Kompan is a highly reputable company with over 30 years of experience in designing and building high quality play equipment All Kompan play equipment meets the American Society of Testing Material and U.S. Consumer Product Safety Commission Specifications and they are in good standing with the International Play Equipment Manufacturers Association. Analyst Bloomquist noted that the Multi Seesaw is one of the most popular items sold by Kompan, and is constructed from the highest quality material. The springs used in the product are not ordinary springs but sophisticated coil springs designed by Kompan to provide durable, long lasting wear. The Kompan springs have a patented clamp that effectively protects against inadvertently pinching of fingers. The structure, per Kompan, Analyst Bloomquist explained is tested with its full design load and through a full range of motion. To pass the test, a rod, designed to imitate a child's finger, must not be entrapped by the springs at any time during the test. Analyst Bloomquist stated that the safety record of the Multi Seesaw is excellent and per a telephone conversation with Kompan's Safety Compliance Coordinator there have only been three documented safety related claims received by Kompan regarding the Multi Seesaw. It was noted each of the three were related to improper usage of the equipment, and not from equipment design or material failure. Analyst Bloomquist noted that Kompan maintains a liability insurance policy in excess of one million dollars and offers a I O-year warranty against material failure and a 5-year warranty against fàilure of springs. 10 Councilmember Bogosian thanked Analyst Bloomquist for the report and noted that he supported the purchase of the Multi Seesaw. Referring to a picture in the staff report of the Multi Seesaw with back supports, Councilmember King suggested that staff purchase the equipment with this feature. Councilmember Kline slated that he was glad Councilmember Bogosian requested that this piece of equipment be brought back to Council for further discussion. WALTONSMlTH/KING MOVED TO APPROVE PLACEMENT OF THE MULTI SEESAW AT WILDWOOD PARK WITH THE BACK SUPPORT FEATURE. MOTION PASSED 5-0. NEW BUSINESS 6. STATUS OF THE SARATOGA BUSINESS DEVELOPMENT COUNCIL STAFF RECOMMENDATION Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that during the 1990s the Mayor established the Saratoga Business Development Council (SBDC). Over the years, the group has had varying levels of City support. At times the group was granted a budget to accomplish objectives and has had staff support in terms of preparing agendas, taking minutes and organizing meeting. In these ways the group has operated as a formal advisory body to City Council. However, in other ways the group operates as an informal roundtable Assistant City Manager Tinfow explained what delineates the distinctions between formal and informal groups. Assistant City Manager Tinfow noted that this issue was brought to the attention of SBDC who agreed to continue to operate informally and signed a letter to the City Council expressing their preference. Brain Berg, noted that he was present this evening representing SBDe. Mr. Berg stated that the SBDC supports retaining the status as an informal roundtable group. Mr. Berg urged the City Council to form a formal commission to work with SBDe. WALTONSMlTH/KLlNE MOVED TO SUPPORT THE STATUS OF SBDC AS AN INFORMAL ROUNDTABLE GROUP; SUPPORT A SEPRATE INFORMAL BUSINESS ADVISORY COMMISSION. MOTION PASSED 5-0. City Attorney Taylor suggested that staff return on September 17, 2003 with a formal resolution declaring Council's decision this evening. 11 7. RECREATION PROGRAM COORDINATOR POSITION VACANCY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that as part of the budget reductions for 2003-04, a staff hiring freeze was enacted with exception for department directors and essential employees The Recreation Program Director has given notice that she will be leaving the City for another opportunity. At this time staff requests direction on whether or not Council considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze in order to fill this position. Assistant City Manager Tinfow explained some of the Recreation Program Coordinator's responsibilities and noted that 70% of time is spent on teen activities and 30% on other recreation activities. Assistant City Manager Tinfow stated that if this position is not filled, other Recreation Department staff could absorb some classes and summer contract sports camps, but all other program would be eliminated unless major restructuring of the Recreation Department was to occur. Assistant City Manager Tinfow noted that the services offered at the Warner Hutton House are provided at no charge to parents. With the current economic climate, Council could reconsider this arrangement. Joan Pisani, Recreation Director, urged the City Council to fill this position. Director Pisani noted that this position provides quality programs to residents and the youth of Saratoga Director Pisani noted that this position also provides support to the Youth Commission. Consensus of the City Council that this position provides a great services to the community and provides a safe place for the youth after school at the Warner Hutton House. Consensus of the City Council to authorize the City Manager to move forward with filling the vacant position. AGENCY ASSIGNMENT REPORTS Mayor Streit reported the following information: Chamber of Commerce - announced that Celebrate Saratoga is on September 13, 2003. Hakone Foundation Liaison - continuing to work on the Master Plan and reviewing their financial statements. Vice Mayor WaItonsmith reported the following information: SASCC Liaison - looking for a larger space. Valley Transportation Authoritv PAC - in an acrimonious state due to recent budget cuts. Councilmember King noted that she had no reportable information 12 Councilmember Kline reported the following information: Saratoga Business Development Council- in light of tonight's discussion in regards to the status of SBDC, Councilmember Kline asked if he could still attend their meetings. City Attorney Taylor responded yes. Councilmember Stan Bogosian reported the following information: Emergency Planning Council - discussed the report on soft story buildings. Councilmember Bogosian noted that he passed the report along to Director Sullivan. Councilmember Bogosian noted that Saratoga has the highest percentage of soft stories in Santa Clara County. CITY COUNCIL ITEMS Councilmember Bogosian stated that in the September 23 issue of the Saratoga News, an article suggested that the City was going to create a Historic District. Councilmember Bogosian stated that if this was correct all the neighbors should be noticed and if it was a false statement then the City Manager should contact the Saratoga News. Mayor Streit responded that there was no item scheduled to discuss creating a Historic District City Manager Anderson stated that he would contact the Saratoga News and correct the article. In regards to tonight's discussion on the status of SBDC, Vice Mayor Waltonsmith suggested that all nonprofit groups involving the City be addressed. Councilmember Bogosian noted that the Council Policy Committee would be addressing that issue. CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 925 p.m. 13