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HomeMy WebLinkAbout01-21-2004 City Council MinutesMINUTES SARATOGA CITY COUNCIL JANUARY 21, 2004 The City Council of the City of Saratoga held a Joint Session with the Saratoga Area Senior Coordinating Council (SASCC) in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. SASCC presented Council with a PowerPoint presentation covering the following topics: • SASCC's request o City Council use funds to minimally improve the North Campus for their use. What is SASCC? o Nonprofit public benefits corporation o Serves senior and their families o Serves the greater Saratoga area o Works to improves lives one by one • Insufficient funding o $18,000 from City of Saratoga o $39,500 from CDBG o $281,500 from SASCC • People pressure o Operates 5 days a week o Average 100 participant-days per week 0 56 to 65 percent of participants low income o Always a waiting list • Inadequate infrastructure o Inadequate parking and traffic congestion o Conflicts when scheduling large rooms for events and programs o No private rooms for counseling • The bottom line o Need more space o Upgrade the Administration Building at the North Campus o Make Fellowship Hall at the North Campus ADA-compliant • Benefits o North Campus would provide two additional large rooms o Ample parking o Utilized outdoor space o Access from either direction on Prospect Avenue o Adds another rental facility In conclusion SASCC stated that they want a continuing, strong partnership with the City of Saratoga. Mayor Waltonsmith thanked SASCC for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. Conference with Lesal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) Conference With Leal Counsel -Existing Liti atg ion: (Government Code section 54956.9(a)) Name of case: City of Saratoga v. Hinz (6"' District Court of Appeals No. H023549) Name of case: City of Saratoga v. Gen-Con, Ina (U.S. Bankruptcy Court, N.D. California, No. 02-53885 JRG) Conference with Legal Counsel -Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Saratoga Union School District Agency claimed against: City of Saratoga Claimant: Thompson Pacific Construction Inc. Agency claimed against: City of Saratoga Claimant: Cecil & Gudrun Jones Agency claimed against: City of Saratoga MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director John Livingstone, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 21, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 21, 2004 was properly posted on January 15, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Ed Ferrell requested that the City Council rewrite the policy on public input on agenda items. Mr. Ferrell asked that the revised policy include reopening public discussion after Council has had its discussion. COMMUNICATIONS FROM COMMISSIONS Ethyl James noted that she represented Saratoga Area Senior Coordinating Council (SASCC). Ms. James noted that Saratoga has an exploding 55+ population that has lead to a growth pressure on their facility. Ms. James stated that SASCC is requesting that the City make available usable space to them in order to expand and continue their programs. Ms. James stated that SASCC requested that the improvements to the North Campus be moved up on the CIP list when funds become available. Ms. James requested a list of the work that needs to be done there. SASCC is also seeking the help of the City to assist them in communicating with the seniors in the area in February. Gregory Gates, Chair/Parks and Recreation Commission (PRC), explained some of the PRC's recent activities including starting the feasibility study fora "dog park". Chair Gates stated that a "dog park" was ranked #5 on the 2002 Community Survey. Chair Gates noted that the PRC also formed a Celebration Task Force to promote free community building activities that various parks throughout the City. Vice Mayor King requested that the City Council be given the results from the 2002 survey. Vice Mayor King noted that she has some concerns with the PRC concentrating on the 5`h most popular item on the survey without looking at the 1-4 items. Councilmember Kline noted that he fully supports any activities that promote bringing the community together at no cost. Councilmember Streit noted that he concurred with his colleagues. Report from Phylis Ballin~all, Chair/Heritage Preservation Commission, announced that February 8, 2004 is the 2" Annual Mustard Walk.. Chair Ballingall highlighted some of the events taking place this year such as; donkey cart rides, docent tours of the orchard, antique auto show, and much more. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS SANTA CLARA COUNTY SHERIFF'S DEPARTMENT -PUBLIC SAFETY REPORT STAFF RECOMMENDATION: Informational only. John Hirakawa, Captain/SCC Sheriff s Department, Captain Hirakawa briefly highlighted the Public Safety Report, which outlined citations for moving, speeding, and other types of violations for the year 2003. Discussion took place in regards to the safety at the various schools and the decrease of traffic tickets since elimination of one Deputy in 2003. Consensus of the City Council to direct the Sheriff's Office to return in May with an updated Public Safety Report. CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -NOVEMBER 19, 2003 STAFF RECOMMENDATION: Approve minutes. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES FROM NOVEMBER 19, 2003. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2B. APPROVAL OF CITY COUNCIL MINUTES -DECEMBER 9, 2003 STAFF RECOMMENDATION: Approve minutes. STREIT/KL,INE MOVED TO APPROVE CITY COUNCIL MINUTES FROM DECEMEBR 9, 2003. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2C. APPROVAL OF CITY COUNCIL MINUTES -DECEMBER 17, 2003 STAFF RECOMMENDATION: Approve minutes. Mayor Waltonsmith requested that item 2C be removed from the Consent Calendar. Mayor Waltonsmtih requested that on page 3 the following be added to her comment "Mayor Waltonsmith announced that City Hall would be closed from December 24, 2003-January 5, 2004 as a cost savings measure." WALTONSMITH/Ki,INE MOVED TO APPROVE CITY COUNCIL MINUTES FROM DECEMEBR 17.2003 AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2E. PLANNING ACTION MINUTES -JANUARY 14, 2004 STAFF RECOMMENDATION: Note and file. STREIT/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF JANUARY 14.2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2F. COMMISSION ATTENDANCE RECORDS STAFF RECOMMENDATION: Informational only. Mayor Waltonsmith requested that item 2F be removed from the Consent Calendar. Mayor Waltonsmith asked permission from her fellow colleagues to contact a Public Safety Commissioner in regards to his excessive absences. Consensus of the City Council to allow the Commissioner finish out his term, which ends in April 2004. 2G. REAPPOINTMENT OF REPRESENTATIVE TO VALLEY TRANSPORTATION AUTHORITY'S BICYCLE ADVISORY COMMITTEE (BAC) STAFF RECOMMENDATION: Reappoint Jim Stallman to the Bicycle Advisory Committee. STREIT/KLINE MOVED TO REAPPOINT JIM STALLMAN TO THE BAC. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2H. AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-006 STREIT/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST. MOTION PASSED 4-0- 1 WITH BOGOSIAN ABSENT. 2I. ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO APPROVE CLAIMS FILED $3,000 OR LESS STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 228 STREIT/KLINE MOVED TO ADOPT ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO APPROVE CLAIMS FILED $3.000 OR LESS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS EXPAND THE CITY OF SARATOGA'S URBAN SERVICE AREA BOUNDARY TO INCLUDE TWO NEW PARCELS, APN 503-48-029 & 503- 48-028 STAFF RECOMMENDATION: Open public hearing and continue the item. John Livingstone, Associate Planner, presented staff report. Planner Livingstone stated that Council directed staff to proceed with the proposed expansion of the City's Urban Service Boundary to the azea near Hakone Gardens that includes the Britton and English property. Planner Livingstone explained that at the Planning Commission meeting on January 14t° one of the owners of the proposed Urban Service Area Boundary Expansion area expressed concerns with the noticing. In response the Planning Commission continued the item to the next meeting of Januayy 28, 2004 to allow the item to be renoticed. This requires that City Council to continue the meeting on the item that was scheduled for this evening. City Attorney Taylor directed the Council to keep the pubic hearing open and continue it to a date yet to be determined. City Attorney stated he received communications from one of the effective property owners indicating that he believed the City of Saratoga is interested in acquiring this land. City Attorney Taylor stated that he has no recollection of Council giving direction to proceed to investigate acquisition or proceed with acquisition. Mayor Waltonsmith stated that the City is interested in expanding the Urban Service Area in order to better the City's communications with the County. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith stated that the public hearing would be continued to date yet to be determined. OLD BUSINESS 4. COMER DEBRIS BASIN MODIFICATION PROJECT UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that the Comer Debris Basin Modification Project is a study to determine the impact of the basin on the creek and watershed. The study examined the following issues: hydraulic, hydrologic, sedimentation, basin removal options, adverse and beneficial environmental impacts, and whether the removal of the debris basin benefits the watershed. Director Cherbone noted that Santa Clara Valley Water District (SCVWD) staff would report on the status of the Comer Debris Basin Modification Project. Beau Goldie, Santa Clara Valley Water District/Assistant Operating Officer, noted that last year the City Council asked the District to perform a feasibility study in regards to the removal of the bridge. The study was completed in March 2003 and the project is slated for the 2014 CII'. Mr. Goldie explained that the District currently has a Clean Safe Creek/Flood Protection Program on Calabasas Creek from Miller-Wardell. Mr. Goldie stated that he is aware that one of the concerns of the Council is the integrity of the bridge if there is a 1 % flood. Mr. Goldie stated that yesterday at the site visit the District looked at the bridge and noted that the bridge would be inundated about 6 inches. Mr. Goldie stated that this portion of the creek could be a part of the Sediment Excavation Program starting this summer. Mr. Goldie stated that they would need permission from the various agencies to approve adding this section to Excavation Program. The project would start mid-summer and would be competed by October 15, 2004 Lawrence Clifford pointed out that he received notice for this meeting this evening but did not get a notice for the site visit that happened yesterday. Mr. Clifford stated that he has not had a chance to study the report that has been given to the City Council. Mr. Clifford stated that he feels this project is getting "railroaded" through. Bob Wallace stated the he supports removing the dam by this summer. Lawrence Ives stated that he owns the property where the sediment is. If any excavation happens it would be on his property. Mr. Ives stated that he never received a notice for the site visit. Barbara Clazk stated that she feels there was lack of notification regarding this meeting. Chiu Ting stated that he has lived along the creek for 30 yeazs and shares the same concerns as his neighbors. Mr. Ting presented the Council with pictures of his tool shed where the ground eroded underneath it. Mr. Ting stated that the Water District told him that he had to remove the shed. In regards to erosion issues, Mr. Goldie stated that the District handles erosion under their maintenance program but if the District doesn't have an easement or ownership they cannot do corrective actions. Mr. Goldie stated that the District could only use public funds on public property. A discussion took place in regards to the Council's concern of the Comer Debris Basin Removal Project waiting unit 2014 to begin. KLINE/STREIT MOVED TO REQUEST THE WATER DISTRICT INVESTIGATE AND REPORT BACK TO THE CITY COUNCIL THE BEGINS IN THE SUMMER INCLUDING NEIGHBORHOOD NOTICING. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. STATE BUDGET UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained two key points that have occurred since the last City Council meeting. First, the Governor's budget was released on January 9`h. The City's General Fund for 2004-2005 would have a $156k hit due to an ERAF shift from local property taxes to support school funding. Secondly, the projections for the VLF backfill were once again revised. The earlier projection of $327k is now projected at $576k according to a consultant for the League of California Cities. Director Baloca stated that the March election would be another key milestone depending on whether the $15 billion dollar bond measure passes. The Governor will release a revised budget in May 2004. Mayor Waltonsmith thanked Director Baloca for his report. 6. ANIMAL CONTROL SERVICES PROVIDER CHOICES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the City Council considered animal control services provider choices at the December 17, 2003, meeting. At that time, direction was given that the City of Saratoga would remain with the Silicon Valley Anima] Control Authority (SVACA) if the agency remained a 5-city JPA. Assistant City Manager Tinfow reported that Los Gatos' City Council voted to withdraw from SVACA on January 5, 2004. As a result, SVACA has become a 4- city JPA and staff is returning to Council for further direction. Assistant City Manager Tinfow explained two options and asked Council to select one: • Option 1 -Remain with SVACA under the conditions offered in December 2003. • Option 2- Withdraw from SVACA and contract with San Jose Assistant City Manager Tinfow stated that in addition, staff needed direction on the following remaining issues: • Compensation to San Jose as a flat fee per animal • Adjust the annual compensation each year or each 3-year period Assistant City Manager Tinfow explained the fiscal impacts on the two options. Councilmember Streit stated that going with San Jose the City has an immediate savings of $28k. Councilmember Streit stated that after touring the San Jose facility, it looks like it is going to be a state of the art facility and will have 50,000 square feet of space. Councilmember Streit suggested that the City stay with the flat rate for the first three years at $155k and reexamine it after two years. Vice Mayor King and Councilmember Kline noted that he supports going with the City of San Jose. After touring the facility, Vice Mayor Waltonsmith noted that she was very impressed. Mayor Waltonsmith stated that the facility has a lot of room to expand in the future. STREIT/K1NG MOVED TO WITHDRAW FROM SILICON VALLEY ANIMAL CONTROL AUTHORITY. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. STREIT/KING MOVED TO DIRECT STAFF TO CONTRACT WITH THE CITY OF SAN JOSE FOR THREE YEARS AT A FLAT FEE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. CITY COUNCIL POLICES STAFF RECOMMENDATION: Adopt resolution TITLE OF RESOLUTION: 04-007 Cathleen Boyer, City Clerk, presented staff report City Clerk Boyer stated that at the City Council Retreat on February 1, 2003 staff was directed to begin the process of drafting a City Council Policy document. Councilmember Kline and Councilmember Bogosian were both appointed to the AdHoc Committee to work with staff to prepare this document City Clerk Boyer explained that the Council Subcommittee presented a draft Policy to the City Council on December 17, 2004. At that meeting the Council discussed the Policy and gave direction back to the Subcommittee for corrections and/or clarification to the Policy. City Clerk Boyer noted that the attached Policy included Council direction from December 17ch Council discussion in regards to Section 4b. Council directed staff to reflect the current practices of the seating arrangement in the policies. STREIT/KLINE MOVED TO ADOPT RESOLUTION APPROVING THE CITY COUNCIL POLICIES AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. NEW BUSINESS 8. ADOPT REVISED NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM (NTMP) STAFF RECOMMENDATION: Approve revised NTMP and adopt document. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that the first version of the Neighborhood Traffic Management Program (NTMP) was developed by a consultant and adopted by the City Council in August 2001. Since that time Staff and the Public Safety 10 Commission have worked with one neighborhood through the process. Traffic calming devices were installed in their neighborhood in March 2003 and a follow up meeting with area residents was held in December 2003. Assistant City Manager Tinfow stated that the residents are very pleased with the outcome on the NTMP, and report significant reduction in both vehicle speeds and, in the most cases, vehicle volume on their street. Assistant City Manager Tinfow explained that in working through the process described in the August 2003 document, staff discovered the document contained conflicting information and that the process needed modification to work in some instances. Assistant City Manager Tinfow highlighted significant changes in the document: • Changing the process from two phases to three phases • Phase I now includes a petition signing, traffic data collection and the initial community meeting • Phase II now includes the assignment of a Public Safety Commission to work though the process with staff and the neighborhood • The document has been reformatted to be clearer • Conflicting information has been removed or clarified • The flow chart is no longer included in the document Assistant City Manager Tinfow noted that on January 8, 2003 the Public Safety Commission approved the document. KING/STREIT MOVED TO APPROVE REVISED NTMP AND ADOPT DOCUMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 9. DISCUSSION OF PARK USER AGREEMENTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that currently the City has executed User Agreements with three organized youth sports groups: AYSO, Saratoga Little League, and Saratoga Pony League. Director Cherbone stated that these User Agreements were developed specifically for the use of Congress Springs Pazk. The agreements have been very successful in promoting the safe and equitable use of the pazk and staff would like to develop a generic use agreement that can be executed at any City park based on the successful Congress Springs model. Director Cherbone noted that presently there are sports user groups using City parks without the appropriate mechanisms in place to manage their use. Groups such as CYSA and El Quito Little League use the same process for reserving a park that one uses to rent a barbeque area for the afternoon. The same is true for AYSO or Saratoga Little League when they want to use another park. 11 Director Cherbone explained that User Agreements would benefit the City and the user group by putting in writing the maintenance responsibility of each party, restrictions on the use of the park, and the dated and times during the year they have rights of use. Director Cherbone explained the current maintenance fee and use fee and noted that there were some holes in the fee arrangement in connection to turf use. In conclusion, Director Cherbone stated that staff requests that City Council direct staff to work with the Parks and Recreation Commission on the following issues: 1) Develop a User Agreement based on the Congress Springs model, which the City can execute at the other City parks when appropriate. 2) Analyze the adopted fee schedule as it relates to parks usage and bring back recommendations to Council in conjunction with the FY 04/05 budget. Councilmember Kline asked if other cities charged use and maintenance fees. Director Cherbone noted that he doesn't think other cities charge both fees. Councilmember Streit noted that currently the City doesn't have any recourse if a group destroys one of the fields. The agreements the City have at Congress Springs Park state that if they ruin the turf they have to replace it. Councilmember Streit stated that all of the groups support a citywide agreement. Councilmember Streit suggested directing the Parks and Recreation Commission to restructure the fee schedule for the large user groups based on a maintenance schedule put together by City staff. In order to avoid amending the City Code, which speaks of groups of 25 or more making no distinction between an organized group and anon-organized group, City Attorney Taylor stated that the City state that the use fee is based on maintenance costs. Consensus of the City Council to direct staff to: • Prepare maintenance fees • Prepare master User Agreement • Present fee proposal to Parks and Recreation Commission • Report back to the City Council by March 2004 COMMISSION ASSIGNMENTS Mayor Waltonsmith reported the following information: Finance Commission -recently met and discussed possible educational tools to use to inform the citizens of Saratoga about the current budget issues. Vice Mayor King reported the following information: Arts Commission -new art display in the librazy. 12 Norton Road Fire Access Ad-Hoc Committee -City Manager Anderson recently met with the Board President. Vice Mayor King requested that only the lead Councilmember on the Ad-Hoc committees be displayed on the list. Councilmember Kline reported the following information: Village Ad-Hoc Committee -King and Kline would be touring the Cit~ of Morgan Hill's redevelopment projects. Item on Council retreat agenda on January 24~ . Councilmember Streit reported the following information: City/School Ad-Hoc Committee -recently met with the Santa Clara County School's Superintendent. Vision for Saratoga Ad-Hoc -participants have been appointed and the process will start soon. CITY COUNCIL ITEMS Councilmember Kline reported that he recently did a commercial on Comcast educating the community in regards to the importance of Measure B passing on March 2, 2004. Vice Mayor Waltonsmith requested that the Council contact Secretary to the City Manager, Ann Sullivan, with spring/summer vacation schedules. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 13 10:30 p.m.