HomeMy WebLinkAbout04-19-2006 City Council MinutesMINUTES
SARATOGA CITY COUNCIL
APRIL 19, 2006
Mayor Kline called the Regular City Council meeting to order at 7:00 p.m. and requested
that David Perisco led the Pledge of Allegiance.
R(1T,T, CAT,T,
PRESENT: Councilmembers Kathleen King, Nick Streit, Ann Waltonsmith,
Vice Mayor Aileen Kao, Mayor Norman Kline
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Joan Pisani, Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 19, 2006
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of February 15, 2006, was properly posted on April 14, 2006.
ORAL COMMUNICATIONS
The following person requested to speak at tonight's meeting:
Rita Witmer informed that City Council that the natural vegetation along the railroad
tracks on the De Anza Trail has been destroyed. Ms. Witmer asked who was responsible
for this action and how will it be remedied. Ms. Witmer requested that the City inform
the neighbors next time pesticides are used.
COUNCIL DIRECTION TO STAFF
Responding to Ms. Witmer's comments, Public Works Director John Cherbone explained
that the property is owned by PG&E and he would contact Darren Deffner, PG&E's
Government Affairs representative tomorrow and follow up with her.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
Mayor Kline read the following announcement:
Celebrate Earth Day and recycle your home electronics! A free E-Waste Recycle Event
will be held on Saturday, April 22, 2006 from 9 a.m.-2 p.m. at Apple, 10500 De Anza
Blvd, Cupertino, CA. For more information call the City Clerk at (408) 868-1269.
CEREMONIAL ITEMS
1 A COMMENDATION HONORING PARTICIPANTS IN THE SARATOGA
CREEK CLEAN UP EVENT
STAFF RECOMMENDATION:
Present commen anon.
Mayor Kline read the commendation and presented it the students and parents
from Saratoga Elementary School.
1B. PROCLAMATION DECLARING AND SUPPORTING APRIL 28, 2006
"ARBOR DAY" IN THE CITY OF SARATOGA AND HONORING
SARATOGA'S HERITAGE TREES
STAFF RECOMMENDATION:
Present proc amation.
Mayor Kline read the proclamation and presented the proclamations to Jill Hunter
and several owners of the designated trees.
1 C. PROCLAMATION DECLARING APRIL 23RD -APRIL 30TH AS "DAYS
OF REMEMBRANCE"
STAFF RECOMMENDATION:
Present proc amation.
Mayor Kline read the proclamation and directed staff to mail it to the National
Holocaust Museum.
1 D. APPOINTMENT AND OATH OF OFFICE OF NEVV MEMBERS TO THE
PLANNING COMMISSION AND HERITAGE PRESERVATION
COMMISSION
STAFF RECOMMENDATION:
Adopt resolution and administer Oath of Office.
RESOLUTION: 06-034
Minutes 2 April 19, 2006
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
APPOINTING NEW MEMBERS TO THE PLANNING COMMISSION
AND THE HERITAGE PRESERVATION COMMISSION. MOTION
PASSED 5-0.
City Clerk Boyer administered the Oath of Office to the two newly appointed
Planning Commissioners, Joyce Hlava and Yan Zhoa. City Clerk Boyer noted
that the five newly appointed Heritage Preservation Commissioners have been
instructed to stop by City Hall and take their Oath of Office.
1 E. PROCLAMATION DECLARING THE MONTH OF APRIL 2006 AS
"VOLUNTEER MONTH"
STAFF RECOMMENDATION:
Present proc amation.
Mayor Kline read the proclamation and presented it to Evan Lau and Donna
Butcher representing the Volunteer Center of Silicon Valley.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. APPROVAL OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve register.
KING/WALTONSMITH MOVED TO APPROVE CHECK REGISTER.
MOTION PASSED 5-0.
2B. TREASURER'S REPORT FOR THE MONTH ENDED FEBRUARY 2006
STAFF RECOMMENDATION:
Approve report.
KING/WALTONSMITH MOVED TO ACCEPT TREASURERS REPORT
FOR THE MONTH ENDED FEBRUARY 2006. MOTION PASSED 50-0.
2C. AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE AND FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE SERVICES
STAFF RECOMMENDATION:
Approve agreement and authorize the City Manager to execute the same.
Minutes 3 April 19, 2006
KING/WALTONSMITH MOVED TO APPROVE AGENCY AGREEMENT
FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE AND FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE SERVICES AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME FOR
THE. MOTION PASSED 5-0.
2D. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1;
PRELIMINARY APPROVAL OF ENGINEER' S REPORT AND
ADOPTION OF RESOLUTION OF INTENTION FOR FY 06-07
STAFF RECOMMENDATION:
Adopt resolutions.
RESOLUTION: 06-035 & 036
KING/WALTONSMITH MOVED TO ADOPT RESOLUTION APPROVING
ENGINEER' S REPORT AND ADOPTION OF RESOLUTION OF
INTENTION FOR FY 06-07. MOTION PASSED 5-0.
2E. PROPOSED AMENDMENTS TO EARLY WARNING ALARM SYSTEM
ORDINANCE
STAFF RECOMMENDATION:
1. Request Planning Commission review of proposed amendments; and
2. Direct staff to schedule formal ordinance adoption by the City Council
following completion of Planning Commission review.
KING/WALTONSMITH MOVED TO REQUEST PLANNING
COMMISSION REVIEW OF PROPOSED AMENDMENTS; AND DIRECT
STAFF TO SCHEDULE FORMAL ORDINANCE ADOPTION BY THE
CITY COUNCIL FOLLOWING COMPLETION OF PLANNING
COMMISSION REVIEW. MOTION PASSED 5-0.
2F. 2004 STORMDRAIN REPAIR & UPGRADE PROJECT-NOTICE OF
COMPLETION
STAFF RECOMMENDATION:
Accept notice of completion.
KING/WALTONSMITH MOVED TO ACCEPT NOTICE OF COMPLETION
FOR 2004 STORMDRAIN REPAIR AND UPGRADE PROJECT. MOTION
PASSED 5-0.
2G. INITIATION OF ANNEXATION OF AN APPROXIMATELY 35-ACRE
PARCEL (APN 503-09-003) LOCATED AT 22490 MT. EDEN ROAD
STAFF RECOMMENDATION:
Adopt Resolution of Initiation of Annexation.
RESOLUTION: 06-037
Minutes 4 April 19, 2006
Councilmember Waltonsmith requested that item 2G be removed from the Consent
Calendar.
Councilmember Waltonsmith pointed out that this annexation consists of 35 acres
with several trail dedications all around the property. Councilmember Waltonsmith
noted that one particular trial actually ends in a county park.
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION OF
INITIATION OF ANNEXATION FOR 22490 MT. EDEN ROAD. MOTION
PASSED 5-0.
PUBLIC HEARINGS
None
OLD BUSINESS
3 SARATOGA GATEWAY IMPROVEMENT PROJECT -DISCUSSION OF
MEDIAN COLUMNS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone presented the background of this project explaining the
following:
• Relinquishment of Saratoga-Sunnyvale Road
~ Gateway Task For and Master Plan Process
• Revised Corner Entry
~ Construction Bid
Director Cherbone described the Gateway columns which consist of 4-4 ~/~ foot
tall columns and 9-8 % foot tall columns. Director Cherbone stated that Gateway
Task Force liked the idea of stand alone columns without a trellis structure
because it would differ from what surrounding communities had in their medians.
However, the final design of the columns including height, width, number of
columns, and their shape was the project architect's vision of the direction from
the Task Force. Director Cherbone noted that there was no formal review of the
final column design, which has led to uncertainty of what was approved. Staff's
review of the construction plans concentrated on infrastructure details and not the
aesthetics design of architectural features such as the columns or the entrance
esign.
Director Cherbone stated that as the columns were being built city
Councilmembers stated that they appeared too massive and as time went by more
negative complaints were filed with the City.
Minutes 5 April 19, 2006
Director Cherbone noted that he has identified four options regarding the final
determination of the column issue including costs for each option:
~ Option 1 -Finish all 13 columns as stand alone structure. Additional
costs: $5,795
~ Option 2 - Construct a wooden trellis (based on Warren Heid's design) on
top of the 9 large columns and leave the 4 small columns as stand alone
structures. Additional costs: $20,887
~ Option 3 -Remove all 13 columns and install trees and landscaping.
Additional costs:$14,975
~ Option 4 - Construct a wooden trellis (based on Warren Heid's design) on
top of the 9 large columns and remove the 4 small columns.
Additional costs: $19,767
Director Cherbone noted that funding for any one of the options is available in the
construction budget for the Saratoga-Sunnyvale Road Gateway Improvement
Project. Director Cherbone pointed out that the project is well within budget and
has approximately $110,000 left for contingency items.
Nancy Sallen noted that she appreciates the work that went into this project. Ms.
Sallen stated that she saw the artist's rendition of the proposed trellis and totally
supports the design. Ms. Sallen doesn't support removing the columns. Ms.
Sallen supports Option #4.
Judy Heinz noted that she supported the columns stating that you just have to get
use to it. Ms. Heinz stated that she is not in favor using tax payer's dollars to
remove the columns. In regards to the comments of removing them due to the
Feng Shui, Ms. Heinz stated that the City cannot cater to every ethic group in the
community.
Betty Kimball noted that she thinks the small columns should be removed and a
trellis should be added to the larger ones.
Steve Lin stated that the bike lanes along the project site are too narrow and very
dangerous. Mr. Lin also pointed out that he feels the columns are a safety hazard.
Mr. Lin noted he supports removing all of the columns.
Cynthia Cheng noted that she supports options 4 to remove all of the columns, not
because of Feng Shui. Mrs. Cheng stated that in her opinion the columns don't
reflex the City's character.
Nancy Leasia noted that it is fiscally irresponsible to spend more money on this
project. Ms. Leasia stated that the City should leave the pillars alone. Ms. Leasia
noted that she would support a trellis and stated that if need be put this decision on
the June ballot so everyone has an opportunity to voice their opinion on this issue.
Referring to the comments made by Mr. Lin, Mayor Kline asked staff to address
his concerns regarding the bike lanes.
Minutes 6 April 19, 2006
Director Cherbone noted that the current bikes lanes are temporary. Director
Cherbone stated that the final lanes will be five feet wide and clearly marked once
t e rain stops.
In regards to the safety concerns, Mayor Kline asked staff to respond.
Director Cherbone noted that the columns are "break away", meaning if a car hits
one they would break apart. If the Council approves adding an arbor they would
have to be structurally altered in order to support the added weight.
Councilmember King asked staff to address the suggestion to place this item on
the June ballot.
City Clerk Boyer explained that the cut off date to place items on the June 2006
ballot was March 10th and added that it would have cost the City an additional
$100k.
Councilmember King noted that she has thought about this issue for the past
months. Councilmember King stated that she was Mayor when the Council
approved the design for the Gateway Project and she admits she made a mistake
and takes responsibility for her decision. Councilmember King noted that she
would vote for Option #3 - removal of all columns and plant trees
Councilmember Waltonsmith noted that the Council has received many email,
phone calls and letters regarding this issue. Councilmember Waltonsmith stated
she doesn't feel that the pillars welcome people into the community but rather
looks like a barrier. Councilmember Waltonsmith stated that the pillars are ugly
and supports Option #3.
Councilmember Streit stated that he takes responsibility for approving the original
design and noting that in 2001 he was on the Gateway Task Force.
Councilmember Streit stated the project received one-time money from CalTran
and the Task Force waned to make a statement. Councilmember Streit stated that
he was not in favor of removing the columns - he supports Option #4.
Councilmember Streit stated that a trellis should be added and if four is a bad
number then remove one of the small columns.
Vice Mayor Kao noted that there was a lot of public input on this project and the
Arts Commisison also participated on its design. Vice Mayor Kao noted that she
concurred with Councilmember Streit but added that all four of the small columns
be removed.
Mayor Kline stated that an enormous amount of time went into this proj ect but not
a lot of discussion was about the columns. Mayor Kline stated that he spoke to
Stan Bogosian and he thought he approved a trellis. Mayor Kline noted that that a
trellis wouldn't be practical because it would hang over the street. Mayor Kline
indicated that he doesn't think the columns represent the City. Mayor Kline noted
that he supports Option #3 -removal of all columns and plant trees.
Minutes ~ April 19, 2006
WALTONSMITH/KING MOVED TO SUPPORT OPTION #3. MOTION
PASSED 3-2 WITH KAO AND STREIT OPPOSING.
NEW BUSINESS
4. REQUEST TO INSTALL SIGNAGE IDENTIFYING THE PROPERTY
LOCATED AT 19848 PROSPECT ROAD AS THE NORTH CAMPUS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained that a citizen requested that a temporary sign be
placed at the North Campus for identification purposes.
Katie Alexander requested that a temporary sign be place at the North Campus in
order for citizen to identify it.
STREIT/KAO MOVED TO SUPPORT A TEMPORARY SIGN TO BE
PLACED AT 19848 PROSPECT ROAD "NORTH CAMPUS". MOTION
PASSED 5-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Norman Kline had no reportable information.
Vice Mayor Aileen Kao reported the following information:
County Cities Association Legislative Task Force - adopted a resolution to support
AB 117 and discussed the Joint Collaborative.
SASCC - starting a new lunch program.
Councilmember Nick Streit reported the following information:
West Valley Sanitation District -recently signed a $7 million dollar agreement to sell
one million gallons of daily capacity to the City of Milpitas. All proceeds will go back
into infrastructure.
Councilmember Ann Waltonsmith reported the following information:
Saratoga Historic Foundation -current 1906 Earthquake exhibit
Councilmember Kathleen King reported
Peninsula Division, League of California Cities -Bocce Ball tournament is on Thursday
April 20, 2006.
Villa e AdHoc - AdHoc has formed into three separate subcommittees: l) BID &
Village Association, 2) Village Guidelines, and 3) Beautification items.
Minutes g April 19, 2006
CITY COUNCIL ITEMS
Councilmember King requested that the Council schedule a joint meeting with the Kevin
Moran Task Force before the design returns to Council in May.
Councilmember Waltonsmith noted that she supported Councilmember King's request.
CITY MANAGER' S REPORT
None
ADJOURNED TO CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: Assistant City Manager Barbara Powell,
Administrative Services Director Michelle Braucht, and Human Resource
Manager Monica LaBossiere.
Employee organization: SEA
CONFERENCE WITH LABOR NEGOTIATORS (Gov't Code 54957.6):
Agency designated representatives: City Manager Dave Anderson
Employee organization: SMO
CONFERENCE WITH LEGAL COUNSEL - Initiation of litigation (Gov't Code section
54956.9(c): (1 potential case).
ADJOURNMENT
There being no further business Mayor Kline adjourned the meeting at 10:00 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
Minutes 9 April 19, 2006