Loading...
HomeMy WebLinkAbout07-01-2009 City Council minutesThe City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION Conference with Legal Counsel — Initiation of Litigation: Significant exposure to litigation pursuant to Government Code 54956.9 (c) (2 Cases) MAYOR'S REPORT ON CLOSED SESSION Mayor Page stated there was no reportable information Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 1, 2009, was properly posted on June 25, 2009. ORAL COMMUNICATIONS Denise Goldberg, Parks and Recreation Commissioner, invited everyone to the Fourth of July celebration in Azule Park at 10:15AM on Saturday, July 4th and the Ribbon Cutting Ceremony for the Kevin Moran Park Grand Opening at 4:OOPM on Friday, July 17 DIRECTION TO STAFF None SARATOGA CITY COUNCIL JULY 1, 2009 PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: None MINUTES ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk John Cherbone, Public Works Director John Livingstone, Community Development Director Rina Shah, Planning Intern COMMUNICATIONS FROM BOARDS AND COMMISSIONS None DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Hunter announced Mayor Page will be unveiling the four historic bronze plaques after the July 4 celebration. The event will take place at 12:30PM at Bella Saratoga and a champagne reception will follow immediately after. She noted the historic plaques are displayed on four historic buildings — the Bank Bar, Bella Saratoga, Arthur Mintz and the Agnes Store. She also noted there is a dance "Saratoga Swings" scheduled on Saturday, July 18 from 5:OOPM to 8:OOPM in the Bank of America parking lot and "Saratoga Swings Bolleywood" is scheduled on August 1St Vice Mayor King announced that LED lights have been placed on a tree on Big Basin and challenged Public Works Director John Cherbone to locate which tree it is. Mayor Page noted that the Fourth of July Holiday is this weekend and reminded everyone to place their right hand over their heart and to remove their hat when the National Anthem is played. CEREMONIAL ITEMS 1. COMMENDATION FOR MARCIA MANZO STAFF RECOMMENDATION: Present commendation. Mayor Page read and presented the commendation to Marcia Manzo. Melinda Cervantes also presented Marcia with a special book containing a name plate commemorating Marcia Manzo. 2. PROCLAMATION RECOGNIZING JULY AS PARKS AND RECREATION MONTH IN SARATOGA STAFF RECOMMENDATION: Acknowledge proclamation. Mayor Page read and presented the commendation to Parks and Recreation Commission Chair Denise Goldberg. SPECIAL PRESENTATIONS None 2 CONSENT CALENDAR 3. SPECIAL MEETING MINUTES — CITY COUNCIL /HOME OWNERS ASSOCIATIONS — JUNE 17, 2009 STAFF RECOMMENDATION: Approve minutes. KING/NAGPAL MOVED TO APPROVE SPECIAL MEETING MINUTES — CITY COUNCIL/HOME OWNERS ASSOCIATIONS — JUNE 17, 2009. MOTION PASSED 5 -0 -0. 4. CITY COUNCIL MINUTES — JUNE 17, 2009 STAFF RECOMMENDATION: Approve minutes. KING/NAGPAL MOVED TO APPROVE CITY COUNCIL MEETING MINUTES — JUNE 17, 2009. MOTION PASSED 5 -0 -0. 5. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: June 11, 2009 June 18, 2009 KING/NAGPAL MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: JUNE 11, 2009 AND JUNE 18, 2009. MOTION PASSED 5 -0 -0. 6. TREASURER'S REPORT FOR THE MONTH ENDED MAY 31, 2009 STAFF RECOMMENDATION: The City Council review and accept the Treasurer's Report for the month ended May 31, 2009. KING/NAGPAL MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED MAY 31, 2009. MOTION PASSED 5 -0 -0. 7. CITIZEN OPTIONS FOR PUBLIC SAFETY - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS GRANT (COPS /SLESF) STAFF RECOMMENDATION: Adopt resolution authorizing the continued use of the Citizen Options for Public Safety Program's Supplemental Law Enforcement Services (COPS /SLESF) grant as a source of funds for additional public safety services. RESOLUTION NO. 09-038 3 KING/NAGPAL MOVED TO ADOPT RESOLUTION AUTHORIZING THE CONTINUED USE OF THE CITIZEN OPTIONS FOR PUBLIC SAFETY PROGRAM'S SUPPLEMENTAL LAW ENFORCEMENT SERVICES (COPS /SLESF) GRANT AS A SOURCE OF FUNDS FOR ADDITIONAL PUBLIC SAFETY SERVICES. MOTION PASSED 5 -0 -0. 8. PROPERTY TAX LEVY FOR DEBT SERVICE PAYMENTS ON THE LIBRARY GENERAL OBLIGATION BONDS STAFF RECOMMENDATION: The City Council adopt the attached resolution which sets the FY 2009/10 property tax levy rate for the Library General Obligation Bonds at $.0094 per $100 of Assessed Valuation to provide for the Library Bond's debt service requirements over the fiscal year. RESOLUTION NO. 09 -039 KING/NAGPAL MOVED TO ADOPT RESOLUTION WHICH SETS THE FY2009 /10 PROPERTY TAX LEVY RATE FOR THE LIBRARY GENERAL OBLIGATION BONDS AT $.0094 PER $100 OF ASSESSED VALUATION TO PROVIDE FOR THE LIBRARY BOND'S DEBT SERVICE REQUIREMENTS OVER THE FISCAL YEAR. MOTION PASSED 5 -0 -0. 9. APPROVAL OF SECURITY LIGHTING IN PARKER RANCH OPEN SPACE STAFF RECOMMENDATION: Approve Resolution allowing Parker Ranch Home Owner Association to install Safety Lights in Private Open Space. Mayor Page removed this item noting that a Parker Ranch representative requested that this item be continued to the July 15, 2009 meeting when they would be available to address any questions. MILLER/NAGPAL MOVED TO APPROVE MOVING THIS ITEM TO THE JULY 15, 2009 CITY COUNCIL MEETING. MOTION PASSED 5 -0 -0. 10. AMENDMENT TO TRAFFIC SIGNAL SERVICE CONTRACT STAFF RECOMMENDATION: Approve an Amendment to the existing service contract with Republic ITS Traffic Signal for repair work in the amount of $21,528. Councilmember Miller removed this item for clarification. Councilmember Miller inquired about the costs of this service and the reason for the increase in costs. 4 Public Works Director John Cherbone explained that occasionally increases occur due to service call outs for timing coordination, signal failures, bicycle loop sensitivity and damage caused by motor vehicles. Janice Gamper requested to speak on this item and noted that the timing for a right turn signal at an unspecified intersection seemed to take a long time before it would turn red to green. Mayor Page noted Director Cherbone could look into the timing of the right and left turn signal lights. MILLER/NAGPAL MOVED TO APPROVE AN MENDMENT TO THE EXISTING SERVICE CONTRACT WITH REPUBLIC ITS TRAFFIC SIGNAL FOR REPAIR WORK IN THE AMOUNT OF $21,528. MOTION PASSED 5 -0 -0. 11. AMENDMENT TO HERITAGE ORCHARD MAINTENANCE SERVICE CONTRACT STAFF RECOMMENDATION: Approve an Amendment to the existing service contract with Matthew Novakovich for irrigation repairs in Heritage Orchard in the amount of $5,898. KING/NAGPAL MOVED TO APPROVE AN AMENDMENT TO THE EXISTING SERVICE CONTRACT WITH MATTHEW NOVAKOVICH FOR IRRIGATION REPAIRS IN HERITAGE ORCHARD IN THE AMOUNT OF $5,898. MOTION PASSED 5 -0 -0. PUBLIC HEARINGS 12. ZONING ORDINANCE AMENDMENT TO CREATE AN EXPEDITED ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS STAFF RECOMMENDATION: Staff recommends the City Council open the public hearing, accept public testimony, close the public hearing, introduce and waive the first reading of the attached Zoning Ordinance Amendment, and direct staff to schedule this item for adoption on the consent calendar at the next regularly scheduled City Council meeting. Rina Shah, Planning Intern, presented the staff report. Mayor Page opened the public hearing. No one requested to speak on this item. Mayor Page closed the public hearing. 5 Council proceeded to discuss the inclusion of generator permits and inquired as to how that item became part of the proposed expedited Conditional Use Permit (CUP) process. Planning Intern Shah noted generator permits had been included in the expedited CUP discussion from the very first Planning Commission Study Session because of the number of complaints raised regarding the cost and the slow permit process. Vice Mayor King recommended including that history in the staff report for clarification. Council inquired about the proposed threshold of 5,000 square feet for conditionally permitted uses in a commercial district noting that at the May 5, 2009 Joint Study Session with the Planning Commission, Council recommended 3,000 square feet as the maximum square footage. Council also voiced concerns regarding the appeal process and whether or not there should be only one appeal step, which would be to the Council. Planning Commissioners Joyce Hlava and Doug Robertson were available to address those concerns. Commissioner Robertson noted that the objective of the expedited CUP is to encourage businesses to come into Saratoga and the commissioners felt that by limiting the commercial square footage they may also be limiting new business opportunities. Commissioner Hlava addressed the Council and added clarification regarding the generator permit issue. She noted that the Planning Commission receives a large number of generator permit applications and each one is required to go through the formal CUP process, which is very time intensive for both the applicant and the commission. The commission felt that the main finding for approving generator permits is the 60 DBA at the property line and the commission felt that these permit applications could be approved through the expedited CUP process. Commissioner Hlava also addressed the appeal concern noting that the Planning Commission has continuing jurisdiction over conditional use permits and they did include a provision in the proposed ordinance that if there is a controversial CUP application, staff could refer it to the Planning Commission; therefore the commission felt that the first appeal step should be to the Planning Commission followed by a second appeal step to the City Council. Council inquired about the expedited CUP process if a project required environmental documentation under the Environmental Quality Act (CEQA). Community Development Director John Livingstone noted that any project that required a traffic study would have to meet CEQA requirements. Council continued discussion on these items and felt they were ready to make a motion. 6 Mayor Page noted that he would like staff to change wording in Article 15 -55 CONDITIONAL USE PERMITS; 15 -55.10 Purposes of Article. "So that the district" be changed to "The purpose of this article is to provide that the district" etc. Councilmember Nagpal requested that appropriate wording be added to the ordinance clarifying that if the Community Development Director refers a matter to the Planning Commission, this referral would not be interpreted as a decision. City Attorney Richard Taylor noted this amended language in Section 15- 55.065 (c). Attorney Taylor noted that for clarification purposes in this same section item (1) he also added ( "Commercial CUPs ") — pursuant to this section and in item (2) he added ( "Generator CUPs ") — pursuant to this section. KING/MILLER MOVED TO ACCEPT ZONING ORDINANCE AMENDMENT TO CREATE AN EXPEDITED ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS WITH THE FOLLOWING CHANGES: ADMINISTRATIVE CONDITIONAL USE PERMIT PROCESS FOR BUSINESSES UP TO 4,000 SQUARE FEET; THE APPEAL BODY FOR ALL ZONING ADMINISTRATOR DECISIONS IS THE CITY COUNCIL WITH THE EXCEPTION THAT THE PLANNING COMMISSION BE THE APPEAL BODY REGARDING GENERATOR APPEALS FROM DECISIONS MADE BY THE ZONING ADMINISTRATOR; AND THE RECOMMENDED CHANGES TO THE WORDING IN THE PURPOSES OF ARTICLE 15 -55.10 FROM "SO THAT" TO "THE PURPOSE OF THIS ARTICLE IS TO PROVIDE THAT THE DISTRICT "; AND TO SCHEDULE THIS ITEM FOR ADOPTION ON THE CONSENT CALENDAR AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING — SUBJECT TO THE CITY ATTORNEY READING THE MOTION FOR APPROVAL LATER IN THIS MEETING. MOTION PASSED 5 -0 -0. DIRECTION TO STAFF: City Council requested Zoning Administrator decisions be communicated to the Planning Commission and to City Council; and any Zoning Administrator decision appeals to Council and design reviews be identified to the Planning Commission via a Newsletter item and/or a Planning Commission agenda report. OLD BUSINESS None NEW BUSINESS 13. CITY COUNCIL AND COMMISSIONS' ELECTRONIC COMMUNICATIONS POLICY STAFF RECOMMENDATION: 7 Discuss the draft City Council and Commissions' Electronic Communications Policy and provide direction to staff. City Attorney Richard Taylor presented the staff report. Mayor Page invited public comment. No one requested to speak on this item. Mayor Page closed the public comment. Vice Mayor King made two suggestions: 1) the Mayor appoint a designee to respond to email that is sent to all council members when the Mayor is on vacation; 2) that the signature line for each council member contains wording noting that emails that are addressed to all council members will be responded to by the Mayor or his /her designee; and wording requesting that the recipient not forward the council member's response to another council member due to Brown Act violations. Councilmember Miller also made two suggestions: 1) Section II, paragraph C of the Draft Communications Policy, instead of using the word "protocol ", use "services "; and Section III, paragraph A, instead of "protocol" use "procedures ". DIRECTION TO STAFF: Staff should create the appropriate wording for the email signature line to include wording regarding the Brown Act restrictions and that all email messages sent to an individual council member or council as a whole, are considered public records. HUNTER/MILLER MOVED THAT COUNCIL AND PLANNING COMMISSIONERS WORK WITHIN THE PROPOSED ELECTRONIC COMMUNICATIONS POLICY FOR A PERIOD OF FOUR MONTHS AND BRING IT BACK TO COUNCIL FOR FURTHER DISCUSSION AND EVALUATION. MOTION PASSED 5 -0 -0. 14. DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE 2009 STAFF RECOMMENDATION: Designate a voting delegate and alternate for the League's Annual Conference. City Clerk Ann Sullivan presented the staff report. Mayor Page invited public comment. No one requested to speak on this item. Mayor Page closed the public comment. MILLER/HUNTER MOVED TO DESIGNATE MAYOR CHUCK PAGE AS THE VOTING DELEGATE AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE SEPTEMBER 16 -18, 2009 AND DESIGNATE 8 COUNCILMEMBERS HOWARD MILLER AND JILL HUNTER AS ALTERNATES. MOTION PASSED 5 -0 -0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page — reported: West Valley Mayors and Managers Association — did meet and discussed "green" issues; adding that "Climate Change Compact" is an agenda item on the July 15, 2009 Council agenda and would provide additional information for Council and staff. In addition, he noted Dr. Pifer attended the meeting and they talked about the re- opening of El Camino Hospital on July 12. There will be a ribbon - cutting ceremony at 3:00 p.m. on July 10 He added that he is trying to arrange for them to give a presentation at a future Council meeting. Council Finance Committee — he attended the meeting this week. Mayor Page noted that he attended a LCC Environmental Quality Policy Committee meeting in Sacramento last Friday and had the opportunity to meet with Jim Bealls' Chief of Staff, Cris Forsythe and State Senator Abel Maldonado. He noted they spoke about the State budget and the general consensus is that the State will be taking funds from cities to help balance the State budget. He noted he received a letter from our Lobbyist, Joe Gonsalves, in response to our letter indicating that the City would be discontinuing their services due to budget constraints, and that the Gonsalves Firm stated they will serve the City in a pro -bono capacity for the remainder of the 2009 calendar year. Vice Mayor Kathleen King — had nothing to report. Councilmember Jill Hunter — reported: Historical Foundation — meets next week and their latest newsletter has an excellent article highlighting Saratogan Joan Fontaine. Village AdHoc — met and discussed the Village Facade Program, noting that there are some questions regarding the type of facade improvements and what is or is not acceptable under this program and that the Guidance Policy needs to be updated. [Mayor Page suggested Councilmembers Nagpal and Hunter work on clarifying the Guidance Policy for the Village Facade Program and, if necessary, bring it to council as an agenda item for additional clarification]. Councilmember Howard Miller — reported: Council Finance Standing Committee — the city is trying to create a report that would provide the cash -flow data in order to track budget projections; the Business License audit is progressing nicely and the goal of the audit was to determine all the businesses in the City so they are included in the annual business license notification; they have designed a form that people can complete noting financial hardship, whether or not the business is active or not, request for fee waiver, etc. Councilmember Susie Nagpal — reported: SASCC — Dick Angus is the new president and the new directors -at -large are John Morrissey, Tad Curtis, Bob Cancellieri, and Dr. Gregory Belcher. 9 Sister City Liaison — she received an email noting a revision to the by -laws whereby the travel committee is required to inform the general membership six months in advance of a departure date; the recommendation that the committee consider using Rosenberg's Rules of Order instead of Robert's Rules; the committee is starting to meet monthly to discuss the 25 Anniversary of Sister City; the membership will know the trip status by the end of July, and the next meeting is scheduled for July 6th CITY COUNCIL ITEMS Vice Mayor King asked to agendize: City -owned pockets of land to discuss location and size. Study Sessions — define how to conduct a Council and/or Planning Commission Study Session, the process, the objectives, cost, and what we would like to see come out of a Study Session. She noted this could be a Council Retreat item or a Council meeting agenda item. Councilmember Miller seconded this agenda request. [Mayor Page asked that staff include scheduled Planning Commission Study Sessions on the Council calendar.] Councilmember Hunter stated there are a number of areas in the City that could use more trees and suggested forming a group that goes out and determines where to plant new trees — especially those trees that are being removed; and requested agendizing this for discussion to determine a formal tree replacement process. Vice Mayor King seconded this agenda request. CITY MANAGER'S REPORT None ADJOURNMENT There being no additional business, Mayor Page asked for a motion to adjourn. MILLER/HUJNTER MOVED TO ADJOURN THE REGULAR MEETING AT 9:50PM. MOTION PASSED 5 -0 -0. Res IN submitted, livan, CMC City Clerk 10