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Home My WebLink About102-Minutes.pdf MINUTES SARATOGA CITY COUNCIL JUNE 3, 2009 City Council met in Closed Session at 5:00 p.m. Mayor Page noted there was no reportable information. City Council held a Special Meeting in the Administrative Conference Room and conducted Youth Commission interviews from 5:30 to 6:55PM. 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 Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Claudia Cauthorn, Recreation Department Director Crystal Morrow, Administrative Analyst Curtis Boone, Records Management Interim 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 June 3, 2009, was properly posted on May 28, 2009. ORAL COMMUNICATIONS Citizen Ray commented about dead trees on Highway 9; homeowner removing a dying Oak tree that is threatening the trail area near Verde Vista. Jack Mallory, Chairman of 2009 Fourth of July celebration said the plans are going smoothly and due to generous donations they won’t need the funds that Council allocated for the event; he also noted the Youth Commissioners could volunteer their services for the event. 2 DIRECTION TO STAFF None COMMUNICATIONS FROM BOARDS AND COMMUNICATIONS None DIRECTION TO STAFF None ANNOUNCEMENTS Councilmember Hunter invited everyone to celebrate Father’s Day in the Village on June 20 and 21 for a “Sidewalk Affaire” featuring antique cars, bands and more. CEREMONIAL ITEMS 1. APPOINTMENT OF PARKS & RECREATION COMMISSIONER AND ADMINISTER OATH OF OFFICE STAFF RECOMMENDATION: Adopt the attached resolution appointing one member to the Parks and Recreation Commission and direct the City Clerk to administer the Oath of Office RESOLUTION NO. 09 – 030 MILLER/NAGPAL MOVED TO ADOPT THE RESOLUTION APPOINTING MARK JOHNSON TO THE PARKS AND RECREATION COMMISSION AND DIRECTED THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED 5-0-0. City Clerk Ann Sullivan administered the Oath of Office to Mark Johnson. 2. PROCLAMATION DECLARING JUNE 9, 2009 AS “HELMET AWARENESS DAY” STAFF RECOMMENDATION: Read and present proclamation. Janice Gamper recited a poem and Mayor Page read and presented the proclamation. SPECIAL PRESENTATIONS 3 3. PRESENTATION BY VALLEY MEDICAL CENTER FOUNDATION STAFF RECOMMENDATION: Listen to a short presentation from Chris Wilder, Executive Director of the Valley Medical Center Foundation. Chris Wilder, Executive Director of the Valley Medical Center Foundation provided a short presentation on the scope of services provided by the Santa Clara Valley Health & Hospital System. CONSENT CALENDAR 4. FISCAL YEAR 2009/10 GANN APPROPRIATION LIMIT STAFF RECOMMENDATION: Adopt resolution approving the Gann Appropriations Limit for FY 2009/10. RESOLUTION NO. 09 -031 NAGPAL/HUNTER MOVED TO ADOPT RESOLUTION APPROVING THE GANN APPROPRIATIONS LIMIT FOR FY2009/10. 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: May 14, 2009 May 21, 2009 NAGPAL/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: MAY 14, 2009 AND MAY 21, 2009. MOTION PASSED 5-0-0. 6. TREASURER’S REPORT FOR THE MONTH ENDED APRIL 30, 2009 STAFF RECOMMENDATION: The City Council review and accept the Treasurer’s Report for the month ended April 30, 2009. NAGPAL/HUNTER MOVED TO ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED APRIL 30, 2009. MOTION PASSED 5-0-0. 7. RESOLUTION PROVIDING WORKERS’ COMPENSATION COVERAGE FOR CITY VOLUNTEERS STAFF RECOMMENDATION: Accept report and adopt Resolution providing Workers’ Compensation Coverage for City volunteers. RESOLUTION NO. 09 – 032 4 NAGPAL/HUNTER MOVED TO ACCEPT REPORT AND ADOPT RESOLUTION PROVIDING WORKERS’ COMPENSATION COVERAGE FOR CITY VOLUNTEERS. MOTION PASSED 5-0-0. PUBLIC HEARINGS 8. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION (BRUSH) STAFF RECOMMENDATION: Open public hearing; listen to public testimony; and close public hearing. Adopt resolution overruling objections and ordering hazardous vegetation abatement. City Clerk Ann Sullivan presented the staff report. Mayor Page opened the public hearing. No one requested to speak on this item. Mayor Page closed the public hearing. RESOLUTION NO. 09 – 033 NAGPAL/HUNTER MOVED TO ADOPT RESOLUTION OVERRULING OBJECTIONS AND ORDERING HAZARDOUS VEGETATION ABATEMENT. MOTION PASSED 5-0-0. 9. LANDSCAPING & LIGHTING ASSESSMENT DISTRICT LLA-1 – PUBLIC HEARING, APPROVAL OF ENGINEER’S REPORT, AND CONFIRMATION OF ASSESSMENTS FOR FY 09-10 STAFF RECOMMENDATION: Move to adopt the Resolution Ordering the Improvements and Confirming the Diagram and Assessments for FY 09-10 Public Works Director John Cherbone presented the staff report. Director Cherbone invited districts that aren’t participating in this program to contact the City if they had any interest in having the City provide landscaping and lighting to their developments and creating a new district. Vice Mayor King suggested putting this information in the next Saratogan. Mayor Page noted the Council would be meeting with members of the Homeowners Association at the next Council meeting and this subject would be on the agenda. Mayor Page opened the Public Hearing. No one requested to speak on this item. 5 Mayor Page closed the Public Hearing. RESOLUTION NO. 09 – 034 NAGPAL/MILLER MOVED TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 09/10. MOTION PASSED 5-0-0. OLD BUSINESS 10. ADOPTION OF FISCAL YEAR 2009/10 OPERATING & CAPITAL BUDGET STAFF RECOMMENDATION: Adopt resolution approving the Proposed FY 2009/10 Operating and Capital Budgets, directing staff to incorporate within the final adopted budget any changes related to minor corrections, carry-forward appropriations, refined estimates, grant approvals, claim reimbursements, pass-through appropriations, or additional direction from Council upon adoption of the budget. Administrative Services Director Mary Furey presented the staff report and revised proposed Operating Budget. She noted the revised proposed budget included the changes Council recommended during the CIP Study Session on Tuesday, June 2, 2009, which was: o Add $300,000 to CIP for street project funding for the next two years for three separate projects - $100K for traffic safety projects; $100K for sidewalk repairs; and $100K for storm drain repairs. o Designate $300,000 for Hillside Reserve o Designate $636,000 to a CIP Grant-Matching Fund Balance Reserve o Use Economic Uncertainty Fund if State decides to take away funds from cities. Mayor Page declared a five minute recess at 8:00PM. Mayor Page reconvened the meeting at 8:05PM. Vice Mayor King asked for clarification on the Intergovernmental Fund and requested that a note be added each year reflecting the fluctuations of that account. In addition, she asked that the TEA funds be noted on any page that has revenues listed. Mayor Page invited public comment. The following people spoke in support of retaining the Recreation Department: Ella Chekhanouskaya Magna Wiklund Elaine Roth Mike Ziegel Elena Baryshnikova Jeanne Yee Lily Asra 6 Gleb Sapozhnikov Joyce Hlava asked Council to reconsider the 100% cost recovery requirement for Community Development Department, noting that it is not realistic. Mayor Page closed the public comment. Vice Mayor King noted she would not support this budget and that policy issues need to be resolved regarding cost recovery for Recreation, Community Development and Code Enforcement departments. Councilmember Miller concurred with Vice Mayor King’s comment regarding the cost recovery policy issue for the three departments and requested that this discussion be agendized as a study session before the end of the year. In addition, he requested mid-year budget evaluations every January and that this be added to the to the policy list. He thanked everyone for their hard work in preparing the budget and indicated that he would vote to approve the proposed budget. Councilmember Hunter thanked everyone for their efforts in preparing the proposed budget and noted that she agrees with speaker Hlava that it is unrealistic to expect the Community Development department to be 100% cost recovery. She added the Recreation Department is the heart of the community and the City should be proud of the programs they provide to citizens. She noted she would be voting to approve the proposed budget. Councilmember Nagpal thanked everyone for their hard work in preparing the proposed budget and would also like to have further discussion regarding the cost recovery percentage issue for Recreation, Community Development and Code Enforcement departments. She noted that she supports Councilmember Miller’s suggestion to have mid-year budget evaluations and concluded that she would also support this budget. Mayor Page thanked staff for their hard work preparing this year’s budget and added that he also supports additional discussion regarding the cost recovery issues and having mid-year budget evaluations. He concluded that he would also vote in support of the proposed budget including the modifications from the May 20, 2009 public hearing and the recommendations from the June 2, 2009 study session. RESOLUTION NO. 09 – 035 MILLER/HUNTER MOVED TO ADOPT RESOLUTION APPROVING THE PROPOSED FY 2009/10 OPERATING AND CAPITAL BUDGETS, INCORPORATING WITHIN THE FINAL ADOPTED BUDGET ANY CHANGES RELATED TO MINOR CORRECTIONS, CARRYFORWARD APPROPRIATIONS, REFINED ESTIMATES, GRANT APPROVALS, CLAIM REIMBURSEMENTS, PASS-THROUGH APPROPRIATIONS, INCLUDING POLICY TO CONDUCT MID-YEAR BUDGET EVALUATIONS IN JANUARY. MOTION PASSED 4-1-0 WITH VICE MAYOR KING OPPOSING. 7 11. 2009 SUMMER ISSUE OF THE SARATOGAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Administrative Analyst Crystal Morrow presented the staff report. Councilmembers provided the following suggestions for future Saratogan articles: o Article encouraging residents to shop locally; o 15% water usage reduction; o Garbage rate increase effective July 1st ; o Corner featuring the Youth Commission; o Article featuring top 5 questions residents have regarding business licenses; o Landscape & Lighting improvements article; o City parks – reservation of special equipment such as bocce ball at Kevin Moran Park; o “How to Form” neighborhood associations. Mayor Page invited public comment. No one requested to speak on this item. Mayor Page thanked Ms. Morrow for her “theme” creativity. Council directed staff to move forward with the next issue. NEW BUSINESS 12. APPROVAL OF NEW CITY OF SARATOGA RECORDS RETENTION SCHEDULE STAFF RECOMMENDATION: Accept report and approve the new records retention schedule. Curtis Boone, Records Management Intern, presented the staff report and noted that at the suggestion of Councilmember Miller, two revisions were made to the retention schedule; 1) clarify meaning of the asterisk in the legend; and 2) adjust the retention period for the training records and tuition reimbursement program. Mr. Boone noted he updated the description. Mayor Page invited public comment. No one requested to speak on this item. City Attorney Richard Taylor noted that he supports the retention schedule to move forward as it provides a legal authority to destroy old records that the City does not need to retain, thereby avoiding potential litigation costs to review old records by lawyers. 8 MILLER/NAGPAL MOVED TO APPROVE THE NEW RECORDS RETENTION SCHEDULE INCLUDING THE RECOMMENDED MODIFICATIONS REGARDING THE ASTERISK AND RETENTION SCHEDULE FOR THE TRAINING RECORDS AND TUITION REIMBURSEMENT PROGRAM. MOTION PASSED 5-0-0. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page – reported: Hakone Foundation Executive Committee – Hakone has built a small pond where new carp can be introduced to the environment prior to being placed in the large pond. Valley Transportation Authority PAC – looking at severe budget cuts; significant discussion regarding BART funding. West Valley Sanitation District – they have approved their new budget; no increase in rates this year; small increase in rates starting next year for multiple years. West Valley Mayors and Managers Association – discussed the budget deficit in the City of San Jose and that San Jose has been rated as having the second worst roads of any city in the United States. He added that Pete Constant’s district, which includes Saratoga, has the worst roads in San Jose. Vice Mayor Kathleen King – reported: Hakone Foundation Board – at the last meeting they discussed the new entrance they are working on; the new bridge area; and the re-occurring problems with the carp. West Valley Flood Control Zone & Watershed Advisory Committee – commented about the fact that members are required to get approval from the board to agendize discussion items and the committee is objecting to this requirement. SSC Cities Association Executive Board - meets next Thursday and members of the board have expressed a great deal of interest in our road impact truck fee. City School Ad-Hoc – they are still working out some issues at Prospect High School. Councilmember Jill Hunter – reported: Library Joint Powers Association – will meet on Thursday and will be discussing their budget; the County librarian encourages everyone to use a library membership card as this helps provide funding for the library each time the card is used. Councilmember Howard Miller – reported: Chamber of Commerce – is in the process of an audit and they are actively looking for a new location.. Councilmember Susie Nagpal – reported: SASCC – discussed their upcoming budget and whether they should conduct a full audit or just a review and it was suggested they do a full audit. Sister City Liaison – plans are moving forward regarding the upcoming 25th Anniversary and members of the Sister City Committee expressed their gratitude with the recent funding from the City; affiliates are concerned about Swine Flu in the fall. [Mayor Page asked Councilmember Nagpal to let him know if he needs to send a letter of invitation to the Mayor of Muko Shi regarding the upcoming anniversary celebration.] 9 (Note: Councilmember Nagpal provided a copy of the final version of the recent CDBG funding) CITY COUNCIL ITEMS Vice Mayor King inquired about her request at the last council meeting to agendize Finance Commission discussion and that it isn’t noted on the Agenda Planner. (Mayor Page responded that it was his intent to complete the budget cycle and to give staff sufficient time to analyze cost and other data before agendizing this item.) Vice Mayor King asked that the item be added to the bottom of the Agenda Planner. Councilmember Nagpal thanked Mayor Page for the letter he sent to PG&E officials regarding the proposed tree removal on Bonnet Way. Vice Mayor King suggested a PG&E representative provide a presentation at an upcoming Council meeting regarding their tree removal schedule. Councilmember Miller stated the City of Morgan Hill held a city wide garage sale and included car sales, which encouraged more people to attend and inquired if Saratoga could do the same. Mayor Page noted he would discuss it with the Administrative Analyst on Thursday. CITY MANAGER’S REPORT None ADJOURNMENT There being no further business Mayor Page asked for a motion to adjourn the Regular meeting and for Council members to proceed to the Administrative Conference Room to discuss the appointments of members to the Youth Commission. MILLER/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 9:30PM AND FOR COUNCIL TO PROCEED TO THE ADMINISTRATIVE CONFERENCE ROOM TO DISCUSS THE APPOINTMENTS OF MEMBERS TO THE YOUTH COMMISSION. MOTION PASSED 5-0-0. Respectfully submitted, Ann Sullivan, CMC City Clerk