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HomeMy WebLinkAbout09-02-2009 City Council minutesMINUTES SARATOGA CITY COUNCIL MEETING SEPTEMBER 2, 2009 The 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: Government Code Section 54956.9 (c) (1 potential case) Conference with Legal Counsel — Anticipated Litigation: Significant exposure to litigation pursuant to Government Code Section 54956.9 (b) (1 potential case) Conference — Real Property Negotiation (Gov't Code Section 54956.8): Wildwood Way Agency Negotiator: Dave Anderson, City Manager and John Cherbone, Public Works Director MAYOR'S REPORT ON CLOSED SESSION Mayor Page stated there was no reportable information City Council held a Joint Meeting with members of the Parks and Recreation Commission in the Administrative Conference Room at 6:00 p.m. Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan, City Clerk Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Cynthia McCormick, Assistant Planner Michael Fossati, Assistant Planner 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 September 2, 2009, was properly posted on August 28, 2009. ORAL COMMUNICATIONS Dinna Myers thanked the Council for the $2500 grant they provided to Shady Shakespeare and noted they continue to see an increase in attendance for the performances. Citizen Ray addressed the council on the status of the Lehigh Southwest Cement Plant noting there is a public meeting on September 17 at 6:30 p.m. in the Quinlan Community Center in Cupertino; adding Supervisor Liz Kniss is Saratoga's representative to the Bay Area Air Quality District. Emily Lo spoke on behalf of the Saratoga Chamber noting the Taste of Saratoga event is scheduled for September 12th — from noon to 8:00 p.m. She noted there are several new features, the Green Zone, which will display eco- friendly products and services and the Gourmet Terrace, an outdoor patio where people can sit and have sampler dishes from local restaurants. Kathleen Casey spoke about several issues, including the city's website testing; "whistle blowing" forms for local governments; students misusing the Saratoga Library. [Mayor Page took this opportunity to clarify three items regarding city expenditures that Ms. Casey brought up at the July 22, 2009 Planning Commission]. DIRECTION TO STAFF Councilmember Hunter thanked Citizen Ray for his information regarding the Cupertino cement plant meeting. Councilmember Nagpal noted the City Council would be sponsoring a booth at the September 12 Taste of Saratoga event. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Denise Goldberg thanked the Council for the opportunity to meet with the Parks and Recreation Commission prior to the regular meeting. She noted the commissioners came away with a number of good park- related ideas, including fun and good health in Saratoga and their plan to work with other commissions to help bring good health activities to Saratogans. DIRECTION TO STAFF None 2 ANNOUNCEMENTS Vice Mayor King announced the Peninsula League will have a breakfast meeting during the LCC convention in San Jose on Friday, September 18th at 7:30am; and the annual Sheriff's Office SWAT competition, which is scheduled for Thursday and Friday, September 17 and 18 Councilmember Hunter commented about the positive comments regarding the Saratoga Citywide garage sale and thanked Mayor Page for suggesting the idea. Mayor Page acknowledged there were over 200 participants in the community garage sale and noted everyone had a great time participating in this event. Mayor Page also noted the CDC is conducting a random National Health & Nutrition Examination Survey and encouraged people to fill it out if they received it. Councilmember Miller invited people to look into the many different programs that are available through the Recreation department for youth, adults and seniors. Mayor Page noted the National Health and Nutrition Survey that is being conducted by the Census Bureau and encouraged everyone to fill it out if they received it. CEREMONIAL ITEMS 1. COMMENDATION HONORING THE SARATOGA NEWS AND STAFF STAFF RECOMMENDATION: Present commendation. Mayor Page read and presented the commendation to Editor Dick Sparrer and Features Editor Shannon Burkey. 2. APPOINTMENT OF ELEVEN YOUTH COMMISSIONERS AND OATH OF OFFICE STAFF RECOMMENDATION: Adopt the attached resolution appointing eleven (11) members to the Youth Commission and direct the City Clerk to administer the Oath of Office RESOLUTION NO. 09-047 MILLER/NAGPAL MOVED TO ADOPT RESOLUTION APPOINTING ELEVEN (11) MEMBERS TO THE YOUTH COMMISSION AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED 5 -0 -0. City Clerk Ann Sullivan administered the Oath of Office to reappointed commissioners Jacob Baker and Lauren Tang and to the new commissioners: Troy Estes, Vishal Goel, Lauren Kuan, Natasha Morgan -Wilts, Kevin Mu, Priyanka Nookla, Ramiz Sheikh, Sarah Tang and Ali Wilson. 3 SPECIAL PRESENTATIONS 3. VIDEO PRESENTATION ON EL CAMINO HOSPITAL STAFF RECOMMENDATION: Listen to and view a short video presentation from Ken Graham, CEO of El Camino Hospital. Linda Rodgers, Planning Commissioner and member of the El Camino Foundation Board introduced Kenneth Graham, President and CEO of El Camino Hospital. Mr. Graham provided a short video presentation on the new El Camino Hospital and the state of the art features at the newly remodeled facility. Vice Mayor King asked if the hospital would be interested in volunteer services from Saratoga's youth commissioners. Mr. Graham responded they have a volunteer program and encouraged anyone who is interested to visit their website. Councilmember Nagpal asked Mr. Graham if he would be interested in participating in the Senior Health Faire facilitated by the Saratoga Area Senior Center Council (SASCC). Mr. Graham stated he would like to participate in that event. Council noted he would be contacted by SASCC Director Susan Huff. 4. CENSUS 2010 PRESENTATION STAFF RECOMMENDATION: Informational only. Census representatives Melissa Erickson and Mr. Vince Khanna provided a short video presentation on Census 2010. Mr. Khanna noted that households that do not return the questionnaire will be visited by a representative from the Census Bureau in order to obtain an accurate number of every person living in the United States, whether or not they are citizens of the U.S. Mr. Khanna noted that an inaccurate count of the number of people living in California could result in the loss of a Congressional seat and a decrease in community Federal funding. He added the information collected in the 2010 Census would be confidential and would not be shared by any individual or government agencies. Questionnaires will be mailed the middle of March 2010 and should be returned by April 8, 2010. Councilmember Nagpal suggested putting the dates on KSAR. Vice Mayor King suggested putting something in the Saratogan and on the City Website. She also recommended the Census representatives visit the Cities 4 Association at an upcoming meeting to spread the word about the importance of Census 2010. CONSENT CALENDAR 5. CITY COUNCIL MINUTES - JULY 15, 2009 STAFF RECOMMENDATION: Approve minutes. KING/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES — JULY 15, 2009. MOTION PASSED 5 -0 -0. 6. CITY COUNCIL MINUTES — SPECIAL MEETING — JULY 30, 2009 STAFF RECOMMENDATION: Approve minutes. KING /MILLER MOVED TO APPROVE CITY COUNCIL MINUTES — SPECIAL MEETING - JULY 30, 2009. MOTION PASSED 5 -0 -0. 7. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: July 09, 2009 (P13 & P1) July 16, 2009 (P13 & P1) July 23, 2009 (P13 & P 1) July 30, 2009 (None) Councilmember Miller and citizen Kathleen Casey removed this item for clarification. MILLER/NAGPAL MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: JULY 09, 2009 (P13 & P1), JULY 16, 2009 (P13 & P1), JULY 23, 2009 (P13 & P1), AND JULY 30, 2009 (NONE). MOTION PASSED 5 -0 -0. 8. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: August 06, 2009 (P13 & P1) August 14, 2009 (P13) August 19, 2009 (P13 & P1) August 24, 2009 (P13 & P 1) Citizen Kathleen Casey removed this item for clarification. KING /PAGE MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: AUGUST 06, 2009 (P13 & P1), AUGUST 5 14, 2009 (P13), AUGUST 19, 2009 (P13 & P1), AND AUGUST 24, 2009 (P13 & P1). MOTION PASSED 5 -0 -0. 9. OFFER TO DEDICATE TRAIL EASEMENT STAFF RECOMMENDATION: 1. Approve Offer to Dedicate Trail Easement on the property located at 22461 Mount Eden Road (APN 503 -80 -001). 2. Adopt Resolution Accepting Offer to Dedicate Trail Easement. RESOLUTION NO. 09-048 KING /MILLER MOVED TO 1) APPROVE OFFER TO DEDICATE TRAIL EASEMENT ON THE PROPERTY LOCATED AT 22461 MOUNT EDEN ROAD (APN 503 -80 -001); AND 2) ADOPT RESOLUTION ACCEPTING OFFER TO DEDICATE TRAIL EASEMENT. MOTION PASSED 5 -0 -0. 10. REVIEW OF PARKER RANCH HOMEOWNERS ASSOCIATION CC &R'S STAFF RECOMMENDATION: Authorize the City Manager to sign the revised Parker Ranch Homeowners Association CC &Rs indicating the City's consent to the revisions. Councilmember Hunter removed this item for clarification. HUNTER/KING MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE REVISED PARKER RANCH HOMEOWNERS ASSOCIATION CC &R'S INDICATING THE CITY'S CONSENT TO THE REVISIONS. MOTION PASSED 5 -0 -0. 11. ANNUAL APPROVAL OF THE CITY'S INVESTMENT POLICY FOR FISCAL YEAR 2009/10 STAFF RECOMMENDATION: For the City Council to review and approve the Investment Policy for FY 2009/10 KING /MILLER MOVED TO APPROVE THE INVESTMENT POLICY FOR FY 2009/10. MOTION PASSED 5 -0 -0. 12. PROPOSED ORDINANCE AMENDING THE CITY CODE TO REVISE THE REQUIREMENTS FOR PARK DEDICATION AND FEES AND TECHNICAL AMENDMENTS TO THE CITY'S CODE PROVISIONS TO CONFORM WITH STATE LAW STAFF RECOMMENDATION: Adopt ordinance. Citizen Kathleen Casey removed this item for clarification. ORDINANCE NO. 271 6 KING/NAGPAL MOVED TO ADOPT ORDINANCE AMENDING THE CITY CODE TO REVISE THE REQUIREMENTS FOR PARK DEDICATION AND FEES AND TECHNICAL AMENDMENTS TO THE CITY'S CODE PROVISIONS TO CONFORM WITH STATE LAW. MOTION PASSED 5 -0 -0. 13. BUDGET ADJUSTMENT — LANDSCAPE AND LIGHTING ZONE 3 (GREENBRIAR) STAFF RECOMMENDATION: Approve budget resolution RESOLUTION NO. 09 -049 KING /MILLER MOVED TO APPROVE BUDGET ADJUSTMENT RESOLUTION — LANDSCAPE AND LIGHTING ZONE 3 (GREENBRIAR). MOTION PASSED 5 -0 -0. PUBLIC HEARINGS 14. CONSIDER APPROVAL OF AMENDMENTS TO THE NON - CONFORMING USES AND STRUCTURES ORDINANCE THAT WOULD, AMONG OTHER PROVISIONS, (1) CLARIFY PROCEDURES FOR REPAIRS AND ALTERATIONS OF NONCONFORMING USES AND /OR STRUCTURES; (2) REQUIRE PLANNING COMMISSION APPROVAL OF "MAJOR" REPAIRS AND ALTERATIONS; (3) APPLY DIFFERENT STANDARDS IF THE WORK TO BE PERFORMED ON A NONCONFORMING STRUCTURE IS THE RESULT OF VOLUNTARY DESTRUCTION (TEAR DOWN) AS OPPOSED TO INVOLUNTARY DESTRUCTION (CAUSED BY FIRE OR OTHER CATASTROPHE); (4) ALLOW REBUILDING A RESIDENTIAL STRUCTURE IN THE CH ZONING DISTRICT IF THE PROJECT MEETS CERTAIN CRITERIA; (5) ESTABLISH REGULATIONS FOR PROPERTIES ANNEXED TO THE CITY; AND (6) CONFORM THE NON - CONFORMING ORDINANCE TO CITY CODE SECTIONS 15- 19.060,15- 12.090 AND 15- 17.080. 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 Non - Conforming Uses and Structures Ordinance (City Code Article 15 -65) amendments, and direct staff to schedule the Ordinance for adoption on the consent calendar at the next regularly scheduled City Council meeting. Assistant Planner Cynthia McCormick presented the staff report. Ms. McCormick noted the proposed ordinance addresses clarity and inconsistencies, increased flexibility and thresholds for repairing and maintaining non - conforming structures. She noted one of the most restrictive aspects of the current code is Section 15- 65.110, which requires non - conforming uses on structures to be discontinued, eliminated or made to conform after a specified period of time, ranging anywhere from one year to 25 years depending on the type and value of the non - conforming structure or use. She stated this restrictive requirement has been eliminated in the 7 proposed amendment, allowing a non - conforming structure to remain in perpetuity if no significant changes are made to the non - conforming structure and so long as the structure is not completely abandoned. Planning Commissioner Joyce Hlava addressed the Council noting that the Planning Commission was concerned about the non - conforming issue because it was out of date and they were concerned about annexed properties in the hills, the non- conforming uses in the Village and if any of those uses were destroyed by fire they wanted to assure the homeowner they could re -build (if no fault of home owner); adding in a non - conforming use the owner would only be able to do a 20% remodel. Planning Commissioner Linda Rodgers also addressed the Council noting that one of the objectives of the City would be to eventually bring the non - conforming use properties into compliance. Mayor Page opened the public hearing. The following people requested to speak on this item: Kathleen Casey stated she had concerns about the recordation and tracking process for remodel permits and remodels to historical homes. Cheriel Jensen noted that there are other events, such as a huge tree falling, that can destroy a property and suggested wording be added to the proposed ordinance addressing this concern. No one else requested to speak on this item. Mayor Page closed the public hearing. Council thanked the Planning Commission for all their hard work in preparing the amendments to the Non - Conforming Uses and Structures Ordinance. NAGPAL /HUNTER MOVED TO WAIVE THE FIRST READING OF THE NON - CONFORMING USES AND STRUCTURES ORDINANCE (CITY CODE ARTICLE 15 -65) AMENDMENTS AND SCHEDULE THE ORDINANCE FOR ADOPTION ON THE CONSENT CALENDAR AT THE NEXT REGULARLY SCHEDULED CITY COUNCIL MEETING. MOTION PASSED 5 -0 -0. 15. ORDINANCE AMENDING VARIOUS SECTIONS OF THE CITY CODE PERTAINING TO LAND USE. THE AMENDMENTS WOULD CLARIFY EXISTING PROVISIONS REGARDING HEALTH AND SANITATION, SUBDIVISIONS, ZONING REGULATIONS, AND BUILDING REGULATIONS AND WOULD ADOPT NEW PROVISIONS REQUIRING STORY POLES AND SETTING GREEN BUILDING STANDARDS. STAFF RECOMMENDATION: Open and conduct the public hearing, introduce the ordinance, waive the first reading, and schedule the item for a second reading and adoption on consent calendar at the next regular City Council meeting. 8 Michael Fosatti preseted staff report. Questions raised by Council included: story pole requirements for applicants that were already in the remodel process, definition of outdoor kitchens, outdoor pizza ovens, Green building standards versus LEED, and height limitations on outdoor barbeques /cooking devices. Planning Commissioner Joyce Hlava addressed the Council regarding some of the concerns they raised. She stated the Planning Commission did discuss the Green versus LEED building issue and noted that Green building focuses more around residential and is less expensive and LEED building focuses more on commercial building. Regarding the outdoor kitchen concerns, she stated the commission discussed this more in terms of appliance, rather than height, adding the height concern could be addressed. Mayor Page opened the public hearing. The following people requested to speak on this item: Kathleen Casey stated story poles and blue prints should be required for downtown development. Cheriel Jensen commented on several items: Quasi - public designation; city code should allow light/white roofs to reflect the heat, especially for flat roofs, should encourage more white houses; suggested removing the word "permanent" when describing the outdoor cooking device; building footprints respective to the foundation or exterior walls and basements; special set- backs for creeks; and permitted uses for cell phone towers — especially in residential districts. No one else requested to speak on this item. Mayor Page closed the public hearing. Council proceeded to discuss the code issues raised by Cheriel Jensen and noted that this particular agenda item is an ordinance addressing technical corrections amending various sections of the City Code pertaining to land use and not a re -write of every ordinance and that many of the ordinances will be looked at over the next several years — especially ordinances addressing the environment. Discussion continued regarding outdoor cooking devices replacing outdoor barbeques, height limitations, and what designates a permanent outdoor cooking device versus a mobile device; and building footprints with respect to basements and exterior walls. Council recommended the following revisions to the proposed ordinance amending various sections of the City Code pertaining to land use: Outdoor cooking devices and associated structures may be located no closer than 6 feet from the rear property line and shall not exceed 8 feet in height. 9 MILLER/NAGPAL MOVED TO WAIVE THE FIRST READING AS AMENDED — OUTDOOR COOKING DEVICES AND RELATED STRUCTURES MAY BE LOCATED NO CLOSER THAN SIX (6) FEET FROM THE REAR PROPERTY LINE AND SHALL NOT EXCEED EIGHT (8) FEET IN HEIGHT; AND SCHEDULE FOR A SECOND READING AND ADOPTION ON CONSENT CALENDAR AT THE NEXT REGULAR CITY COUNCIL MEETING. MOTION PASSED 5 -0 -0. Mayor Page declared a 5 minute break at 10:OOPM Mayor Page reconvened the meeting at 10:05PM 16. PROPOSED INCREASE IN DOG AND CAT LICENSING FEES STAFF RECOMMENDATION: 1. Open the public hearing, consider testimony received, and close the public hearing. 2. Adopt the resolution increasing dog and cat licensing fees to be the same as those charged by the City of San Jose. City Clerk Ann Sullivan presented the staff report. Mayor Page opened the public hearing. Kathleen Casey addressed the Council by asking how many dogs and cats are licensed in Saratoga and where the funds go that are generated from the fee increase. City Manager Dave Anderson noted the fee increase basically covers the administrative costs incurred by the City of San Jose in connection with the animal services provided to the City of Saratoga. Mayor Page added that the cost is not based on the number of licensed cats and dogs in the City of Saratoga. No one else requested to speak on this item. Mayor Page closed the public hearing. RESOLUTION NO. 09-050 MILLER/NAGPAL MOVED TO ADOPT THE RESOLUTION INCREASING DOG AND CAT LICENSING FEES TO BE THE SAME AS THOSE CHARGED BY THE CITY OF SAN JOSE. MOTION PASSED 5 -0 -0. OLD BUSINESS 17. FINANCE COMMISSION DISCUSSION STAFF RECOMMENDATION: 10 Review report and direct staff accordingly Administrative Services Director Mary Furey presented the staff report. Mayor Page opened the public hearing. Kathleen Casey requested to speak on this item noting expenses should be monitored. No one else requested to speak on this item. Mayor Page closed the public hearing. Council discussed the possibility of creating a Finance Commission. Vice Mayor King supported reinstating the Finance Commission, however other councilmembers felt that City finance issues and expenditures should be addressed by the Council, not by a commission; and that the Council should receive quarterly updates on the financial status and more frequent interaction during the budget process. Other suggestions included: having additional budget workshops; creating a finance standing committee as a whole that would meet monthly to review the budget and city finances; or adding an item to the existing Finance Committee Agenda to review the budget status and include that report in the regular council meeting agenda as a consent item with the option to discuss as needed. Vice Mayor King made a motion to form a finance commission of three (3) appointed citizens that would meet twice a year with the two (2) Finance Committee councilmembers to review the budget before the mid -year correction and two weeks prior to council reviewing the budget, with recommendations from the three appointed citizens. Mayor Page seconded King's motion. Motion failed 1 -4 with Councilmembers Nagpal, Miller, Hunter and Page opposing. Council noted they will schedule a budget policy study session in February followed later on by a second budget study session as a part of next year's budget process. NEW BUSINESS None ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page — reported: Hakone Foundation Executive Committee — opera is scheduled for September 11 Peninsula Division, League of California Cities — seeking an at -large member of the Peninsula Division. SSC Cities Association Board — meets next week 11 Valley Transportation Authority PAC — unable to attend last meeting West Valley Mayors and Managers Association — didn't meet this month Vice Mayor Kathleen King— reported: SSC Cities Association Executive Board — there is an opening on Recycling and Waste Reduction Committee; City managers providing a report next Thursday on PERS and associated costs; taxi services; and a report on unification of solar permits. Councilmember Jill Hunter — reported: Library Joint Powers Association — attended the last meeting and the Friends of the Library provided a wonderful speaker about John and Abigail Adams. Santa Clara County Valley Water District Commission — meeting was rescheduled due to lack of quorum and due to another commitment on the rescheduled date Councilmember Hunter was unable to attend; and alternate Howard Miller was unable to attend as well due to prior commitments; Assistant City Manager Barbara Powell attended the meeting. Councilmember Howard Miller — reported: Santa Clara County Emergency Council — the members received a tour of the emergency preparedness facility; Public Health Department is preparing vaccinations for the H1N1 flu season with an emphasis on vaccinating people 24 years of age and younger. [Staff was asked to include this information in the Saratogan and the City website.] West Valley Solid Waste Joint Powers Association Council Finance Standing Committee — Saratoga has received the second highest bond rating of Aal; 34,000 requests to the county to reduce property taxes; Saratoga will probably incur about a $33,000 property tax impact, which the budget has already accounted for; $40,000 sales tax decline for this year; PERS Health Plan — city will net $10,000 and PERS has implemented a new investment plan to even out the losses and gains over a longer period of time; the new Pentimation finance software upgrade will provide new budget reports; and the City has a very conservative Investment Policy. Councilmember Susie Nagpal — reported she attended the last Chamber meeting and noted the Council agreed to have a booth at the September 12 Taste of Saratoga event. SASCC — attended the last board meeting noting they had a successful garage sale and will be providing flu shots again this year. Sister City Liaison — noted the committee has created a draft schedule of the November 5 -8 Sister City celebration and asked staff to note the events on the council and city calendar. [Noted Barbara Powell attended the last SCC Water District meeting in place of Councilmember Hunter and alternate Councilmember Nagpal]. CITY COUNCIL ITEMS None CITY MANAGER'S REPORT None 12 ADJOURNMENT There being no further business, Mayor Page asked for a motion to adjourn. MILLER/KING MOVED TO ADJOURN THE REGULAR MEETING AT 12:00 MIDNIGHT. MOTION PASSED 5 -0 -0. Respectfully submitted, Ann Sullivan, CMC City Clerk 13