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HomeMy WebLinkAbout02-05-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL FEBRUARY 5, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:00 p.m. Initiation oflitigation (Gov't Code Section 54956.9(c): (2 potential cases) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regnlar City Council meeting to order at 7:05 p.m. lead the Pledge of Allegiance. Mayor Streit noted that on behalf of the Saratoga City Council he send out condolences to the family and mends of the ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None 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 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 19, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 5, 2003 was properly posted on January 31, 2003. Mayor Streit noted that on behalf of the City of Saratoga and the Saratoga City Council he would like to express our deep condolences to the family and mends of the astronauts of the space shuttle Columbia. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Jack Lucas, 17171 Zena Drive, Monte Sereno, explained to the City Council that he was the newly elected Board Member for West Valley College. Mr. Lucas stated that when he ran for the Board he made a commitment that he would visit every school and city and make himself available for any comments or suggestions. Marvin Becker, 12120 Mellowood Drive, noted that he recently called the City to report an abandoned couch on his street and no one ever showed up nor did anyone from the City return his phone calls. Daniel Hoffinan, 19403 Vineyard Lane, thanked Vice Mayor Waltonsmith for withdrawing her support for the resolution against the war on Iraq. Mr. Hoffinan noted that if the Council should consider any resolution in regards to the war, the resolution should support the efforts of the United States. Muriel Mahrer, 13577 Myren Drive, noted that she is opposed to the United States taking preempted military action. Lisa Kurasch, 18665 Ravenwood Drive, noted that she welcomes discussions of all opinions on the possible war in Iraq. Ms. Kurasch noted that this topic should be discussed in an open and public forum. Ms. Kurasch noted that she is opposed to any preempted action taken by the United States. Sue Wingerter, 20630 Lomita Avenue, requested that the City Council agendize an open and public discussion to about sending a message to our Federal government regarding the impending military action in Iraq. Ms. Wingerter noted that she feels the citizens of Saratoga have the right to an open and public discussion. Bob Wallace, 12881 Foothill Lane, requested that the impending war in Iraq be discussed in an open and public forum Kathy Ottenberg, 12881 Foothill Lane, requested that the resolution on the war against Iraq be placed on the next agenda for discussion. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Norbert Fronczak, Parks and Recreation (PRC) Commissioner, stated that last year the PRC took on the project to examine the City's fee schedule for parks and facility rentals. Commissioner Fronczak stated that the examination was now completed and the PRC would like to submit their recommended fees to the Council for discussion during the next budget discussions. 2 COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith stated that she is not interested in placing any resolution regarding g the war on ion the Council agendas for discussion. Vice Mayor Waltonsmith noted that the City has received many emails and phone calls on both sides ofthe issue. Vice Mayor Waltonsmith noted that she feels the Council did provide a forum for discussion this evening. Councilmember Bogosian asked for support from his colleagues to place a resolution in regards to the war on Iraq on next Tuesday's agenda. Councilmember Kline thanked the citizens for coming tonight and standing up for issues they believe in. Councilmember Kline stated that it is wrong to address the debate national issues during City Council meetings. It is wrong for practical, legal and moral reasons. Councilmember Kline stated that it is impractical for the Council to debate these issues. Councilmember Kline stated that the City Council does not have the resources or mechanism to investigate and analyze the issues with the necessary due diligence that a City Council needs before voting. Councilmember Kline noted that we do not have a legal authority over this issues there is nothing in our ordinance that provides jurisdiction over this issue, we should not give our personal opinions disguised in as city resolution. Councilmember Kline stated that he does not believe that the Council has a moral right to pass such a resolutions. Councilmember Kline does not support Councilmember Bogosian's request. Mayor Streit noted that he does not support adopting a resolution taking a stand on the war on Iraq. Mayor Streit stated that he does not have a problem holding a Town Hall meeting for a debate. Councilmember Bogosian requested that stafftake care ofMr. Becker's issue regarding the abandoned couch on his street. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE OF FINANCE COMMISSIONER Recommended action: Adopt resolution and administer Oath. TITLE OF RESOLUTION: 03-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE FINANCE COMMISSION 3 W ALTONSMITHlKLINE MOVED TO ADOPT RESOLUTION APPOINTING AJAY NARIAN TO THE FINANCE COMMISSION. MOTION PASSED 5-0. City Clerk Boyer administered the Oath of Office to Ajay Narain. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES - NOVEMBER 6, 2002 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/W ALTONSMITH MOVED TO APPROVE CITY COUNCIL MINUTES FOR NOVEMBER 6, 2002. MOTION PASSED 3-0-2-0 WITH KING AND KLINE ABSTAINING. 2B. APPROVAL OF CITY COUNCIL MINUTES - DECEMBER 10, 2002 STAFF RECOMMENDATION: Approve minutes. W ALTONSMITH!KING MOVED TO APPROVE CITY COUNCIL MINUTES FOR DECEMBER 10, 2002. MOTION PASSED 5-0. 2e. APPROVAL OF CITY COUNCIL MINUTES - DECEMBER 18, 2002 STAFF RECOMMENDATION: Approve minutes. KLINE/W AL TONSMITH MOVED TO APPROVE CITY COUNCIL MINUTES FOR DECEMBER 18, 2002. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 2D. APPROVAL OF CITY COUNCIL MINUTES - JANUARY 15, 2003 STAFF RECOMMENDATION: Approve minutes. BOGOSIANIKLINE MOVED TO APPROVE CITY COUNCIL MINUTES FOR JANUARY 15, 2003. MOTION PASSED 4-0-1 WITH W AL TONSMITH ABSTAINING. 2E. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. 4 Councilmember Waltonsmith requested that item 2E be removed from the Consent Calendar. Councilmember Bogosian asked for an explanation for the charges on page 13 to Scotty's Automotive. Director Cherbone explained that BOGOSIAN/W ALTONSMITH MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 3-0-0-2 2F. PLANNING ACTION MINUTES - JANUARY 22, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH!KING MOVED TO APPROVE THE PLANNING ACTION MINUTES. MOTION PASSED 3-0-0-2 PUBLIC HEARINGS 3. AMENDMENTS TO SECOND DWELLING UNIT ORDINANCE STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt Negative Declaration of Environmental Impact; Introduce Ordinance; waive first reading; direct staff to place the matter on the Consent Calendar for February 19, 2003. TITLE OF RESOLUTION: 03-005 RESOLUTION FO THE CITY COUNCIL GRANTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO THE AMENDMENTS AND RE-ADOPTION OF THE SECOND DWELLING UNIT ORDINANCE FOR THE SARATOGA CODE Due to possible conflict of interest, Councilmember Bogosian and Vice Mayor Waltonsmith recused themselves from the discussion of item 3 and stepped down from the dais. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted that the City recently adopted a new Housing Element of the General Plan. One of the "Programs" contained in the new document is Second Dwelling Units. Program 1.1 of the Housing Element calls for the City to adopt a revised set of regulations governing the development of second dwellings units on lots zoned for single-family dwellings. The Housing Element also includes Program 4.2 - Amnesty Program for Existing Second Dwelling Units. Director Sullivan explained that this past legislative session, AB-1866 was passed and the Governor signed the measure into law. In brief, this bill requires local governments to use ministerial process for approving second housing units and prohibits them from applying any development standard that would have the effect 5 of precluding and affordable housing development fro receiving a density bonus and concessions. The legislation also set the maximum allowable size of a second unit at 1,200 square feet. Also the City will not be able to require Second Dwelling Unit applications to be subjected to a Use Permit. However, Director Sullivan noted, the City can establish developmental standards that provide protection to neighborhoods as long as they do not, in and of themselves, preclude second dwelling units. The City can also develop incentives so that the second dwelling units can de deed restricted in a manner that provides that if they are rented that they will be rented to a very low or low income family unit. The proposed Ordinance amendment addresses both the new second dwelling units as well as existing second dwelling units. Mayor Streit opened the public hearing at 7:50 p.m. Betty Feldhym, 20184 Franklin Avenue, noted that she fully supported the proposed ordinance. Charles Butterfield, 1566 La Pradera Drive, stated that the language of the proposed ordinance does not provide for adequate parking, a minimum of a two- car garage should be required; this increase would help keep cars off the streets of Saratoga. Mr. Butterfield also suggested that the number of bedrooms be increased from two to three. Mayor Streit closed the public hearing at 8:00 p.m. In regards to Mr. Butterfield's comments regarding garages, Director Sullivan stated that the language regarding garages comes from the Housing Element, which this ordinance has to comply to. In regards to increasing the number of bedrooms, staff feels that is the best way to control the number of cars. KLINE/KING MOVED TO ADOPT NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, WAIVE THE FIRST READING AND DIRECT STAFF TO PLACE ITEM ON THE FEBRUARY 19, 2003 AGENDA. MOTION PASSED 3-0-2 WITH BOGOSIAN AND WALTONSMITH ABSTAINING. OLD BUSINESS 4. SARATOGA CHAMBER OF COMMERCE SERVICES AGREEMENT STAFF RECOMMENDATION: Accept report and authorize Mayor to execute agreement. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained the significant features ofthe proposed agreement as follows: . Based on a fee-for-service model . Chamber will provide information concerning who to contact for services community events recreational opportunities, lodging conference facilities, schools, directions and other general information 6 · City will pay Chamber $10,000 per year · Term of agreement if from the date of approval through June 2007 · Distribute the City's quarterly newsletter and Recreations' class schedule Ray Froess, Chamber of Commence stated that the Chamber and the City have worked very hard to finally come to a solution. Mr. Froess thanked the City Council. Councilmember Bogosian stated that he would not be supporting this agreement. Councilmember Bogosian stated that $10,000 is a lot of money especially since the City does not know whether or not the Governor proposed budget cuts will pass. Councilmember Bogosian stated that the contract does not spell out the specific function of the Chamber nor is there any form of monitoring by the City. Councilmember Kline stated that he disagrees with Councihnember Bogosian that most service agreements do not have a lot of deliverables. CounciImember Kline noted that this contract should be reviewed every year. W ALTONSMITHlKLINE MOVED TO AUTHORIZE THE MAYOR TO EXECUTE CONTRACT WITH THE CHAMBER OF COMMERCE. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. 5. SEPTIC ABATEMENT PROGRAM STATUS REPORT AND WATER QUALITY ENFORCEMENT CONTROLS STAFF RECOMMENDATION: Accept Report and provide direction to staff. John Cherbone, Public Works Director, presented staff report. Director Cherbone presented a brief history on the adoption of the Septic Abatement Ordinance and explained that the City has several programs underway to protect water quality and develop a better understanding of the water quality problems in the City. These include ongoing testing, requiring the removal of septic systems, working with the West Valley Sanitation District to identify faulty components ofthe sewer systems, and public education. Director Cherbone stated that these efforts have identified two major sources of contamination 1) a leaky sewer pipe located at the intersection of Saratoga- Sunnyvale Road and Big basin Way that was repaired by West Valley Sanitation, and 2) a sewer lateral connection directly to the storm system located near 4th Street, which was capped off. Director Cherbone noted that the City Code requires properties served by septic systems and for which public sewer service is "available" to connect to the sewer system pursuant to a schedule and certain conditions set forth in the code. The City has interpreted the word "available" to mean, among other things, that the residence lays above the grade of the public sewer system so that the sewage can flow from the residence to the sewer system by gravity. This interruption has been applied only to existing residences. New homes constructed below the grade of the public sewer system generally are required to install pump systems. The 7 connection requirement was interpreted to exempt below grade homes served by septic systems because it was believed that cost of installing the storage tank, pump system, and piping necessary to convert from septic to sewer service would be prohibitively expensive. New information indicates, however, that the costs of conversion, while substantial, do not differ from the costs of converting above grade systems. Director Cherbone explained that this is because a smaller diameter pipe can be installed at lower cost that the installation of a larger diameter gravity pipe. Director Cherbone stated that because the City has historically interpreted the City Code to exempt below grade systems from the septic conversion requirements, the City Council could amend the ordinance to state that a public sewer system shall not be considered "unavailable: if it is above the grade of residence. The City records indicate that 18 homes maintaining a septic system with "below-grade" exemption. Staff has prepared a draft ordinance and if Council desires can consider it at a future meeting. In regards to sewer lateral inspection program, Director Cherbone noted that this program would allow the City to identify sewer laterals that are in poor repair and that could be leaking sewage into the groundwater and from the groundwater into the City's creeks. Because the leaks may be slow or may be located in areas shielded from view it is difficult to identify potential leaks and conduct the inspections necessary to enforce the Code's requirements. In addition, in many cases the sewer laterals have not been constructed in a manner that would allow testing to check for leakage. The traditional method oftesting involves a water or air pressure teat in which one enc 0 the sewer lateral is blocked and the water level or pressure is monitored at the other end of the later to detect leakage between two points. This form of testing requires that the sewer lateral have two clean-out junctions; one at the structure on the property and another at the property line. The Plumbing Code requires most new structures to have clean out installed at the structure but does not require a clean out at the property line. Director Cherbone stated that staff currently does not have enough information thus far concerning the costs and mechanisms for implementing a sewer lateral inspection program. If Council desires, Director Cherbone noted that staff would investigate this program further and bring this information back to the Council at a later date. Consensus ofthe City Council directed staffto make residents aware of the fact that there is financial aid that would help subsidize sewer hookups, educate the public on the status of the creek and bring back the ordinance for public hearing. 6. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Consider Gilbane Building Company's request for additional funds to cover extended staffing needs and authorize staff to amend Gilbane's contract as directed. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained the following: 8 · Chan~e order activity Change order #5 was finalized and includes funding for replacement of moldy wood blocking, replacement of the cantilevered rood on the northeast side of the building, and rerouting electrical conduit. · Credit from SaD Jose Water San Jose water required a deposit to cover expenses of their work related to the library. The final costs were less that the deposit so the y issued a check for the balance of just under $20,000 · Teleillata Bid The bid was received and the amount was less than anticipated. · Temporarv Library Sacred Heart billed the City for the work at the temporary library. · Phase I fees Attorney's fees related to the Bankruptcy have been increased in the budget to reflect a more realistic expected total. · Budl!et Status $14,579,376 · Gilbane Buildinl! Companv's Request for Additional Funds Project Kamal Ariss has requested additional funds for staffing. He had already budgeted the project engineer to be on site through January and the project manager through February at no additional charge. However for the engineer's time in February the manager's time in March, Ariss requested additional funds of approximately $30,000. Further negotiations have occurred and now the City will not be billed for any of the engineer's time in February and will continue to provide service and support on a part-time basis through the end of the project at no cost to the City. The project manager can remain on the job at a cost of$3,200 per week for a total of$12,800. Field Paoli Field Paoli has requested an additional $504 to redesign the anchor bolts in the parking lot light fixtures that were installed incorrectly in Phase 1. Assistant City Manager Tinfow noted that with the approval ofthe request to increase Gilbane's contract by $12,800 and authorize the Field Paoli change order would increase the total budget by $13,304 and bring the project total without contingency up to $14,592,680. W AL TONSMITH/BOGOSIAN MOVED TO AUTHORIZE AMENDMENTS TO THE AGREEMENTS WITH GILBANE AND FIELD PAOLI; APPROVE CHANGE ORDER I N THE AMOUNT OF $504; AND INCREASE THE AUTHORIZED BUDGET FOR LIBRARY EXPENSES BY $50,000 TO $14,650,000. MOTION PASSED 5-0. 9 NEW BUSINESS 7. SARATOGA ROTARY EVENT - BUILDING BRIDGES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that at the December 18, 2003 City Council meeting Dr. Armstrong of the Saratoga Rotary addressed the City Council under oral communications. Mr. Armstrong informed the Council of the Rotary's plans to hold their first weeklong celebration of cultural diversity called "Building Bridges". City Clerk Boyer reported that Dr. Armstrong explained that the Rotary hopes to develop a weeklong celebration of cultural diversity in Saratoga during the week of October 18-26, 2003. Mr. Armstrong explained that the weeklong program would wrap up with a daylong event, with the help of multiple sponsors and participants, at West Valley College. Using educational programs, entertainment and food Rotary hopes to raise awareness of intercultural relationships in Saratoga and seek ideas for reducing conflicts throughout the world. City Clerk Boyer stated that Mr. Armstrong suggested that the City of Saratoga participate in this weeklong program. Staff recently contacted Mr. Armstrong to discuss what level of participation the City should have and different options of events. City Clerk Boyer explained that staff would like to recommend the following options to the Council for discussion: · Open House at City Hall from 3:00 p.m. - 5:00 p.m. on Friday, October 24, 2003 · City Hall Tours · Sheriff and Fire Department Demonstrations · Parks and Public Works Demonstrations · Mayor and/or Councilmembers could set up a "Meet and Greet" booth at the 10/26 event Consensus ofthe City Council to direct staff to attend the Rotary Planning meeting on February 11, 2002 and inform them of the City's participation with staff recommended activities. 8. APPOINTMENTS TO GATEWAY DESIGN STANDARDS COMMITTEE STAFF RECOMMENDATION: Disband the Gateway Task Force; send letters of thanks to participants; appoint a new committee. Tom Sullivan, Community Development Director, presented staffreport. 10 Director Sullivan explained that the Planning Commission adopted a resolution recommending the Council adopt the Gateway Design Guidelines. The Gateway Task Force went beyond typical Design Guidelines in that regulations were being developed to implement the Design Guidelines. These "regulations" became a matter of disharmony between the business interests and the residential members of the Ad-Hoc Committee. The Planning Commission made a valiant attempt to find middle ground. The Mixed Use ordinance, which includes Development Standards, and that Gateway Design Guidelines, became blurred to some extent. Director Sullivan noted that staff recommends the following: 1. Disband the existing gateway task force that has been meeting since the mid 1990's. 2. City send letters to all the people who participated in the original Gateway Task Force 3. Form a new smaller committee consisting of two residents, two member of the immediate commercial area, Councilmember Kline, and himself as the staff liaison. Director Sullivan noted that if an alternative would be to add a Planning Commissioner. Director Sullivan explàined that the new Gateway Task Force should be specifically assigned the task of creating a true Gateway Design Guidelines document, along the lines ofthe Village Guidelines or the Residential Design Guidelines. The Gateway Design Guidelines would need to be consistent with our existing commercial ordinances. Councilmember Bogosian asked why a Planning Commission is not included in the new Task Force. Mayor Streit stated that the idea was to keep the group small. Councilmember Bogosian suggested that a Planning Commissioner be added to the group and requested that Council hold a study session to provide direction to the new Task Force. Director Sullivan noted that if the Council wants to add a Planning Commissioner then another Councilmember be added to keep the odd number of members. Councilmember Kline suggested that perhaps the Council could review the first draft to make sure the Task Force is on the right track. Councilmember Kline noted that she supports staffrecommendations, keep it small keep it moving and bring it back to Council. Councilmember Waltonsmith noted that she would like a Planning Commissioner to the new Task Force. Consensus of the City Council to disband the old Gateway Task Force, send out thank you letters, form the new Gateway Task Force adding a Planning Commissioner and Vice Mayor Waltonsmith. 11 AGENCY ASSIGNMENT REPORTS Mayor Streit reported the following information: Hakone Board - actively working on their Master Plan and fundraising efforts. Cities Association - main focus is to get VLF and RDA money back to the cities. Vice Mayor Waltonsmith had no reportable information. Councilmember King reported the following information: KSAR - recently toured the station and discussed ways to get the public more involved. Sister Citv - Muko Sister City representatives will be in Saratoga on February 24, 2003. Councilmember Kline reported the following information: Librarv JP A - discussed budget funds. Took a different route and reduced their contingency funds. League of California Cities - Rebecca Elliot is trying to put together a group to rally on the steps of the Capital. Councilmember Bogosian reported the following information West Vallev Sanitation - won an award at the CSA for organizational innovation. SV ACA - will soon be meeting with a facilitator to discuss possible scaled down serviCes. CITY COUNCIL ITEMS Vice Mayor Waltonsmith requested that staff provide information on the recent oak tree disease to the citizens of Saratoga. Director Sullivan suggested that the information be placed on the City's website and in the Saratogan. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 9:30 p.m. 12