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HomeMy WebLinkAbout10-06-2004 City Council MinutesMINUTES SARATOGA CITY COUNCIL OCTOBER 6, 2004 Before going into closed session, the City Council opened the meeting to the public. The City Attorney explained that after the deadline for posting the agenda for the meeting the City had received a written threat of litigation from an attorney on behalf of Lester Hinz. The members present (Bogosian, Kline, Streit, Waltonsmith) voted unanimously to add the item to the agenda as an urgency item as follows: Conference With Legal Counsel -Anticipated Litigation (Government Code section 54956.9(b)): (1 case). The City Attorney then noted that the facts and circumstances concerning the other anticipated litigation item on the closed session agenda are described in the staff report for agenda item 6 on this evening's agenda. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:15 p.m. Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Legal Counsel -Anticipated Litigation Significant exposure to litigation (Gov't Code 54956.9(b)). (1 potential case) Conference with Legal Counsel -Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Farmer's Insurance Group/Clinton Rosenthal 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 Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Lori Burns, Human Resource Analyst Tom Sullivan, Community Development Director John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 6, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 6, 2004 was properly posted on September 30, 2004. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Deja Laufer noted that she recently open Deja & Company Exquisite Jewels in the Village. Ms. Laufer thanked Mayor Waltonsmith for attending their opening ceremony. Vatsala Viswanathan stated that on September 7, 2004 her home was broken into and vandalized. Ms. Viswanathan stated that statistics show that more homes are broken into between the hours of I 1 a.m. - 2:00 p.m. Ms. Viswanathan requested that the City instruct the Sheriff s Office to patrol her neighborhood more often. Anuradha Thazeja noted that she lives next door to Ms. Viswanathan. Ms. Thareja noted that since this incident in her neighborhood, their lifestyle has changed. Ms. Thareja requested that the City reinstate the Neighborhood Watch Program. Sanjay Agrawal noted that he recently moved into Saratoga. Mr. Agrwal asked if the City had any information on the Sheriff s Office investigation in regards to this incident on DeHavilland Drive. Citizen Ray noted that he supported Abel Maldonado for Senate. Citizen Ray noted that Mr. Maldonado promised that he would take the issues regarding Highway 9 to the State level. Thomas Barbaro noted that he was representing "Friends of Saratoga Dogs". Mr. Barbaro noted that dogs in Saratoga need a place where they can have off leash exercise. Mr. Barbaro explained the positive aspects of a dog park for dogs and dog owners. Mr. Barbaro requested that Council look into the possibilities of designating some off leash hours at various parks in Saratoga. Sandy Cross note that she had a petition signed by more than 500 neighbors requesting that the City Council re-validate Kevin Moran Park as a neighborhood Park Ms. Cross stated that they agree that Kevin Moran Pazk is unsuitable for any additional large group activities due to safety issues, traffic and noise generated by organized sports. Ms. Cross stated that they request that the Pazks and Recreation Commission work with the neighborhood of Kevin Moran Park and establish a park that will retain the serenity and individual activities. Roger Piazza read a letter from the Neighbors of Kevin Moran Park. Mr. Piazza stated that the neighbors of Kevin Moran Park request the following: • That the process for further development of the park proceed • A definite status of Kevin Moran Park as a neighborhood park as it was originally intended • That the citizen members of the task force be from the Kevin Moran Park neighborhood Mr. Piazza read a list of items that the neighborhood felt would enhance the existing pazk and complete it's development. Mr. Piazza stated that the neighborhood opposes flat grass, a parking lot, and restrooms. Manoj Goel noted he wanted to introduce himself to the Council as the new liaison from AYSO. Mr. Goel stated that this year over 1300 kids have signed up with AYSO and over 800 of those kids are from Saratoga. COMMUNICATIONS FROM COMMISSIONS Tom Soukup, Parks and Recreation Commissioner, stated that the PRC WRITTEN COMMUNICATIONS Mayor Waltonsmith read a letter from the Rotary Club of Saratoga requesting permission to sponsor the 3`a annual Mustard Walk and a contribution of $1,000. COUNCIL DIRECTION Councilmember Kline thanked Neighbors of Kevin Moran Park for getting their group so well organized. Councilmember Kline complimented them on their communications to Council. Mayor Waltonsmith asked if the City had a Neighborhood Watch Program. City Manager Anderson stated that he would contact the Sheriff s Office and report back to Council. In regards to a Dog Park, Mayor Waltonsmith stated that the City does not have funding for this type of park. Councilmember Kline asked if the Dog Park could be agendized for discussion. Councilmember Bogosian noted that he supported Councilmember Kline's request. In regards to the Rotary's request to sponsor the Mustard Walk, Councilmember Kline requested that this issue be agendized for discussion. Vice Mayor King noted that she supported Councilmember Kline's request. ANNOUNCEMENTS Mayor Waltonsmith announced that Building Bridges is on Sunday, October 10, 2004 from 11 a.m. - 4 p.m. at West Valley College. CEREMONIAL ITEMS IA. COMMENDATIONS HONORING DIANA HUDTLOFF COPELAND, NANCY PORTUGAL JAMELLO, AND ELAINE ROTH STAFF RECOMMENDATION: Present commendations. Mayor Waltonsmith presented the commendations to Diana Hudtloff Copeland, Nancy Portugal 7amello, and Elaine Roth. 1B. APPOINTMENT AND OATH OF OFFICE FOR THE LIBRARY COMMISSIONERS STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. RESOLUTION: 04-077 KLINE/KING MOVED TO ADOPT RESOLUTION APPOINTING NEW LIBRARY COMMISSIONERS. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to the new Commissioners. SPECIAL PRESENTATIONS None Mayor Waltonsmith declared aten-minute break at 7:45 p.m. Mayor Waltonsmith reconvened the meeting at 7:55 p.m. 4 CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -SEPTEMBER 1, 2004 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2A be removed from the Consent Calendar. Councilmember Bogosian noted that he was absent from this meeting would abstain from the vote. STREIT/KLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF SEPTEMBER 1, 2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 2B APPROVAL OF CITY COUNCIL MINUTES -SEPTEMBER 15, 2004 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 2A be removed from the Consent Calendar. Councilmember Bogosian noted that he was absent from this meeting would abstain from the vote. KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES OF SEPTEMBER 15, 2004. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 2C. APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2D. REPORT ON ENCUMBRANCES CARRIED OVER FROM FISCAL YEAR 2003/2004 TO FISCAL YEAR 2004/2005 STAFF RECOMMENDATION: Accept report. STREIT/KLINE MOVED TO ACCEPT REPORT ON ENCUMBRANCES. MOTION PASSED 5-0. 2E RESOLUTION AUTHORIZING AN AMENDMENT TO THE BUDGET OF FUND NO. 310, PARK DEVELOPMENT FUND, FOR FY2004/OS TO PROVIDE FOR A TRANSFER OF QUIMBY ACT MONEY TO FUND NO. 354, PARK AND TRAIL FUND IN THE AMOUNT OF $54,000 TO ALLEVIATE A SHORTFALL OF REVENUE IN FY2003/04 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-078 STREIT/KLINE MOVED TO ADOPT RESOLUTION AUTHORIZING BUDGET AMENDMENT FOR A TRANSFER OF OUIMBY ACT MONEY. MOTION PASSED 5-0. 2F. RESOLUTION TO AMEND THE BUDGET FOR FY2004/OS TO PROVIDE FINANCING IN THE AMOUNT OF UP TO $1,000 FOR THE PURCHASE OF TAX DEFAULTED PROPERTY ADJACENT TO HAKONE GARDENS PARK FROM THE COUNTY OF SANTA CLARA AS ORIGINALLY APPROVED BY RESOLUTION 01-029 DATED MAY 16, 2001 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-079 STREIT/KLINE MOVED TO ADOPT RESOLUTION AUTHORIZING BUDGET AMENDMENT FOR THE PURCHASE OF TAX DEFAULT PROPERTY NEAR HAKONE GARDENS. MOTION PASSED 5-0. 2G. CLAIM OF CLINT ROSENTHAL -CLAIM NO. GL-055673 STAFF RECOMMENDATION: Adopt resolution to authorize ABAG to settle claim and appropriate funds. RESOLUTION: 04-080 STREIT/KLINE MOVED TO ADOPT RESOLUTION AUTHORIZING ABAG TO SETTLE CLAIM AND APPROPRIATE FUNDS FROM COUNCIL CONTINGENCY. MOTION PASSED 5-0. 2H. SILICON VALLEY REGIONAL INTEROPERABILITY PROJECT - JOINT FUNDING AGREEMENT AMENDMENT STAFF RECOMMENDATION: Authorize City Manager to execute amended agreement. STREIT/KLINE MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AMENDED AGREEMENT. MOTION PASSED 5-0. 2I. SARATOGA AREA SENIOR COORDINATING COUNCIL (SASCC) OPERATING GUIDELINES FOR USE OF CITY FACILITIES AGREEMENT STAFF RECOMMENDATION: Accept report and authorize City Manager to execute agreement. Councilmember Bogosian requested that item 2A be removed from the Consent Calendar. Councilmember Bogosian stated that this item should not have been placed on the Consent Calendar. Councilmember Bogosian stated that before be voted to support this agreement he would like more information regarding the various income from the rental of the rooms at the Recreation Center, Senior Center and North Campus for the past five years. Councilmember Bogosian stated that he also wanted to hear from SASCC on their future plans. Mayor Waltonsmith stated that she did not want to delay this agreement since it has been in the works for the past year. Councilmember Kline noted that he supported Councilmember Bogosian's request and supported continuing this item until after the election. Councilmember Kline suggested that staff should look at how other cities fund and operate Senior Centers. Councilmember Streit stated that he would like to know SASCC long-term goals and projections. A discussion took place in regards to delaying the contract and directing staff to return to Council at a future meeting with a report containing specific information regarding SASCC's growth and revenue history. BOGOSIAN/KLfNE MOVED TO POSTPONE ITEM UNTIL NOVEMBER 17.2004 CITY COUNCIL MEETING. MOTION PASSED 5-0. 2J. TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY - APPROVAL OF RECREATIONAL TRAILS PROGRAM GRANT RESOLUTION STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-081 STREIT/KLINE MOVED TO ADOPT RESOLUTION SUPPORTING THE RECREATIONAL TRAILS GRANT. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 3. GRANT WRITER UTILIZATION/GUIDANCE POLICY AND GRANT WRITER PROCEDURES -REVISION TO POLICY AND PROCEDURES AND CONTRACT PAYMENT OPTIONS REVIEW STAFF RECOMMENDATION: Review and adopt revisions to the Grant Writer Utilization and Guidance Policy and Grant Writer Procedures; review Contract payment options. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that at the September 15, 2004 City Council meeting, staff was directed to bring back a revised grant writer policy and procedure in an effort to further streamline and simplify the review process. Analyst Bloomquist summarized the changes. In regards to contract payment options, Analyst Bloomquist stated that staff has been working with the Chief Financial Officer of Randall Funding. If the balance remaining on the 12-month contract is paid in advance via a lump sum payment by November 1, 2004, Analyst Bloomquist reported that Randall would reduce the amount of the contract by $3,000. Analyst Bloomquist stated that the City has already paid invoices totally $3,000, leaving a residual balance of $30,000. Consensuses of the City Council not to take advantage of the payment option made by Randall Funding and continue paying them on a monthly basis. Councilmember Bogosian thanked Analyst Bloomquist for the attached flow chart showing the steps of the grant process. Councilmember Bogosian asked why the Council was eliminated form the review process. Analyst Bloomquist responded that a lot of the grants have condescended time frames with quick deadlines. Analyst Bloomquist stated that it has been difficult to get them to Council for approval and a few grants opportunities have been lost. Analyst Bloomquist stated that the Subcommittee has been reviewing the applications. Councilmember Bogosian stated that he is supportive of the Subcommittee, but noted that grants that requires matching funds from the City, the full City Council should review the grant and make the final decision. KING/BOGOSIAN MOVED TO ACCEPT HE REVISION TO POLICY AND PROCEDURES ADDING ANOTHER STEP TO THE FLOW CHART WHICH STATES THAT COUNCIL WOULD REVIEW AND AUTHORIZE ANY GRANT APPLICATION IF MATCHING FUNDS S ARE REQUESTED. MOTION PASSED 5-0. 4. HIGHWAY 9 SAFETY -APPROVAL OF DESIGN PROPOSAL FOR CROSSWALK IMPROVEMENTS STAFF RECOMMENDATION: Approve a processional service contract with Allied Enterprises in the amount of $12,000; authorize change orders up to $1,000; adopt resolution approving budget amendment. RESOLUTION: 04-082 John Cherbone, Public Works Director, presented staff report. Due to the unfortunate accidents involving pedestrians and bicyclists utilizing Highway 9, the cities of Monte Sereno, Los Gatos, and Saratoga have been discussing the safety issues connected to the Highway. Director Cherbone stated that on July 1, 2004 representatives from Monte Sereno, Los Gatos, Saratoga, VTA, and Caltrans conferred by telephone to discuss additional tasks and a schedule to implement Highway 9 improvements. Currently, the three jurisdictions and Caltrans are reviewing the draft safety study prepared by Fehr & Peers. Director Cherbone noted that most of the improvements in the table listed in the staff report, represent the larger safety improvement project for the Highway 9 corridor form Big Basin to Highway 17. Director Cherbone explained the improvements that are being pursued in Saratoga once encroachment permits are approved by Caltrans: 1) Crosswalk safety improvements at Oak Street and Highway 9 2) Crosswalk safety improvements at Horseshoe Drive Director Cherbone noted that following improvements that would be made; 1) Installation of a permanent radar sign to be located on the northbound lane where the speed limit reduces as you enter the Village. Caltrans is funding this work. 2) Modifications of the traffic light warning sign to a crosswalk warning sign 3) Installation of a sign warning motorists of the County Fire Station 4) Various sight distance improvements through selective b\vegetation removals Director Cherbone explained that in order to implement the conceptual design of the Oak Street Crosswalk Safety Improvements prepared by Fehr & Peers and obtain an encroachment permit from Caltrans it is necessary to obtain the services of a Civil Engineer to prepare the improvements plans. Director Cherbone stated that the City received two proposals for the work. Staff is requesting that Council approve the design contract with Allied Engineering in the amount of $12,000. If the contract were approved, the design plans would be prepared and submitted to Caltrans by the end of October with construction scheduled for completion prior to the end of the calendar year. Sorab Rashid, Fehr & Peers/City Traffic Engineer, described the conceptual plan for the proposed safety improvements on Highway 9. Citizen Ray requested that the neighboring cities bring Highway 9 up to modern highway safety standards. Anne Sanquini stated that she was a member of the Citizens for Highway 9 Safety Group. Ms Sanquini stated that the group fully supported the proposed plans and requested that the Sheriff's Office permanently place the radar trailer back on Highway 9, Denise Michel noted that she was the Vice President of the Village Green Neighborhood Association. Ms. Michele noted that she fully supported the proposed improvements at Oak Street. Ms. Michele suggested that Saratoga investigate ways to gain control over Highway 9. Joanne Peth noted that she is a Monte Sereno and fully supported the proposed safety improvements. Ms. Peth thanked Director Cherbone and Mr. Rashid for their work and complimented them on working with the community. BOGOSIAN/STREIT MOVED TO APPROVE A PROCESSIONAL SERVICE CONTRACT WITH ALLIED ENTERPRISES IN THE AMOUNT OF $12 000• AUTHORIZE CHANGE ORDERS UP TO $1,000; ADOPT RESOLUTION APPROVING BUDGET AMENDMENT; CONTACT THE_ SHERIFF'S OFFICE AND DIRECT THEM TO DO AGGRESSIVE ENFORCEMENT ON HIGHWAY 9. MOTION PASSED 5-0. NEW BUSINESS 5. INSTALLATION OF TWO (2) EXTERIOR WALL PLAQUES AT SARATOGA LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lori Burns, Human Resource Analyst/Library Commission Liaison, presented staff report. Analyst Bums explained that the Library Commission would like the City Council to accept their recommendation to install two exterior wall plaques at the Saratoga Library to explain how and why names are displayed on book spines, bricks and tiles. Consensus of the City Council to accept report and accept the Library Commission's request to place exterior plaques at the Saratoga Library. 6. GENERAL PLAN MAP/ZONING MAP INCONSISTENCIES STAFF RECOMMENDATION: Accept report and direct staff accordingly. 10 Councilmember Kline noted that he would recuse himself from the discussion of this item due to the fact that it could affect his property. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that a Zoning Ordinance Amendment was proposed for several parcels to conform with the zoning to the maximum density permitted under the General Plan land use map. These particular parcels are designated Residential Low Density (RLD) in the general Plan map, which was adopted by the City in 1987. These parcels are currently zoned r-1, 40,000, which requires a maximum lot size of 40,000 square feet. The RLD designation in the General Plan translates to a minimum lot size of 20,000 square feet. Parcels in a particular area of Saratoga are zoned R-1, 30,000 and have a general Plan designation of RLD, which allows 20,000 square foot lots. Director Sullivan explained that Section 65300 of the California Government Code requires cities to adopt a comprehensive, long-term General Plan for the development of the city and any land outside the city, which bears relationship to the city's planning. Section 65860 of the California Code requires the Zoning Ordinance to be consistent with the adopted General Plan. The State General plan Guidelines state the "an action, program, or project is consistent with the general plan if, considering all its aspects, it will further the objectives and policies of the general plan and not obstruct their attainment". Because of the General Plan specifies only a minimum permissible parcel size, it does not preclude larger parcel sizes or zoning requiring larger parcel sizes. Director Sullivan stated that to promote conformity between the General Plan land use map and the zooming map, however, staff had proposed to the Planning Commission the adoption of a resolution recommending that the City Council rezone the properties to specify the same minimum parcel size as established by the General Plan land use map. Director Sullivan stated that on February 25, 2004 the Planning Commission determined that the current zoning best reflected the conditions in the area and General Plan and related polices other than the land use map. It was also discussed that an effort was already in place to update the Land Use Element of the General Plan and that the General Plan land use map should be considered for amendment as part of that update. Director Sullivan stated that the Planning Commission favored the lower density solution in all cases. Director Sullivan stated that there are 11 parcels subject to rezoning in terms of address, lot size and maximum allowable floor area. Director Sullivan described the subdivision potential and maximum floor area Director Sullivan explained the City Council options as follows: 1) Endorse the Planning Commission's direction 2) Direct staff to prepare General Plan amendments in advance of the current update process. 11 Councilmember Bogosian stated that the 11 parcels should go back the Planning Commission and be looked at on a case-by-case basis forpossible zoning amendments. Councilmember Bogosian also requested site visits be scheduled for each parcel for the Planning Commission and City Council. Councilmember Streit concurred with Councilmember Bogosian. Al Sturla noted that his mother owns property on Bonnie Brae. Mr. Stula stated that her lot is approximately 43,000 square feet and her plan is to split the lot into two 20,000 square foot lots. Mr. Stula requested that the City changed the zoning of this area to conform to the General Plan, which would allow his mother to split her property into two parcels. Mr. Stula stated his mother feels the City is denying her property rights. Gary Stokes noted that he is a Civil Engineer who has been recently been retained by Mrs. Stula to look into the possibility of splitting her lots. Mr. Stokes explained that without the zoning change Mrs. Stula would not be able to split her lot. Gary Smith noted that he supported changing the zoning map. STREIT/KING MOVED TO DIRECT THE PLANNING COMMISSION TO EVALUATE THE GENERAL PLAN AMENDMENTS FOR THE 11 PARCELS LISTED IN THE STAFF REPORT. PASSED 4-0-1 WITH KLINE ABSTAINING. VTPDE COMMITTEE APPOINTMENT STAFF RECOMMENDATION: Assign representatives from the City of Saratoga to the Committee. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the Valley Transportation Authority (VTA) has requested the City of Saratoga appoint three representatives to the VTPDE Committee. This Committee will include three representatives form each city in Santa Clara County and will oversee the design enhancements process in projects within VTA's Valley Transportation Plan (VTP). BOGOSIAN VKLINE MOVED TO DIRECT THE ARTS COMMISSION TO APPOINT MEMBERS TO THIS COMMITTEE. MOTION PASSED 5-0. AGENCY ASSIGNMENTS Mayor Ann Waltonsmith Sister Cit Liaison -reported that 65 from this area would travel to Muko, Japan in November to celebrate the 20`h anniversary of the relation between Muko and Saratoga. 12 Councilmember Norman Kline reported the following information: Valley Transportation Authority PAC -noted that most cities have responded to the Grand Jury Report. CITY COUNCIL ITEMS Councilmember Bogosian requested a report in regards to the funds collected from non- organized sports groups and regular park rentals. Council consensus to support Councilmember Bogosian's request. Councilmember Kline requested information on whether or not it is illegal if a car blocks a driveway. City manger Anderson noted that he would contact the Sheriff s Office and report back to Council. Councilmember Streit requested a public hearing in regards to the item that recently went before the Planning Commission in regards to the Farmer's market. Councilmember Streit noted that some neighbors have complained and voiced their concern regarding noise and traffic. Vice Mayor King stated the she supported Councilmember Streit's request. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 10:15 p.m City 13