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HomeMy WebLinkAbout05-07-2008 City Council MinutesMINUTES SARATOGA CITY COUNCIL MEETING MAY 7, 2008 The City Council of the City of Saratoga met in Closed Session in the Administrative Conference Room at 5:30 p.m. ANNOUNCEMENT OF CLOSED SESSION Conference with Legal Counsel Anticipated Litigation: Significant exposure to litigation pursuant to Government Code 54956.9 (b) (2 Items) MAYOR'S REPORT ON CLOSED SESSION Mayor Waltonsmith stated there was no reportable information from closed session. STUDY SESSION The City Council held a CIP Study Session at 6:00 p.m. in the Administrative Conference Room. Public Works Director John Cherbone presented the staff report. There was discussion regarding the CIP funding for: 1. Proposed Operational Efficiency Projects: Total Funding Available for Operational Efficiency Projects: $600,000 Total Cost of Identified Operational Efficiency Projects: $554,326 Balance of Available Funds: 45,674 These projects include: 1) City Hall Solar Project; 2) Community Development Document Imaging Project; and 3) City Website Upgrade Project. The Council discussed these projects at length. The Council briefly discussed the following: Park Development Projects 1) De Anza Trail Phase II; 2) Lower Tank Trail (Parker Ranch) Repair Project; 3) Park Restroom Improvement Work; 4) Heritage Orchard Monument Sign; and 5) Village Creek Trail. Council directed staff to schedule ,a second CIP Study Session; and prior to the next Study Session have Director Cherbone meet with each Councilmember to discuss the CIP process. Council also directed that the Park Development Projects be agendized before the Parks Recreation Commission for input on priorities. Mayor Waltonsmith adjourned the CIP Study Session at 6:58PM. Mayor Waltonsmith called the Regular City Council meeting to order at 7:05PM and led the Pledge of Allegiance. ROLL CALL: PRESENT: ABSENT: ALSO PRESENT: REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 7, 2008. Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 7, 2008 was properly posted on May 1, 2008) ORAL COMMUNICATIONS Councilmembers Jill Hunter, Aileen Kao, Kathleen King, Vice Mayor Chuck Page, and Mayor Waltonsmith None Dave Anderson, City Manager Richard Taylor, City Attorney Assistant City Manager, Barbara Powell Ann Sullivan, Acting City Clerk Michael Taylor, Recreation Department Director Mary Furey, Administrative Services Director John Cherbone, Public Works Director John Livingstone, Community Development Director Crystal Morrow, Administrative Analyst Citizen Ray commented on the dead pines on Highway 9 in Monte Sereno, and noted the striping on Highway 9 is finished and how nice it looked. Cheriel Jensen commented on: o The deterioration of the northern section of Quito Road; o Her opposition to the apple moth spraying that some cities are considering implementing and asked Council to join the cities that will not be spraying for apple moths; and o The type of wax that was used on the hardwood floors at the Saratoga Community Center and asked staff to consider using something with less odor. Janice Gamper commented on the speeding traffic on Chester Avenue and suggested the use of blinking light speed signs. She also noted the upcoming bike safety training at Argonaut Elementary School. COUNCIL DIRECTION TO STAFF Councilmember King asked Public Works Director Cherbone to look into the speed monitor signs that were approved in the last budget and for staff to include an article in the weekly newsletter stating where those signs were going to be installed. Mayor Waltonsmith asked for more assistance from the Sheriff's Office to monitor speeding on Chester Avenue, and for staff to look into the type of wax used to resurface the hardwood floors at the Community Center. Councilmember Page asked Director Cherbone to look at the condition of the pavement on Quito Road. Director Cherbone stated the bad pavement sections of Quito Road are located in San Jose. ANNOUNCEMENTS Councilmember Hunter Historic Living History Day coming up on Saturday, May 10, 2008. Mayor Waltonsmith Announced the City has saved 5,980 pieces of paper by having a paperless Council agenda and over 50 hours of staff time; Hakone Gardens Design Center, which is open to the public, on May 9 th Saratoga Sister City Potluck at Hakone on May 15 and Matsuri Annual Festival on May 18, 2008 from 11:OOAM to 4:0PM. CEREMONIAL ITEMS Appointment of Traffic Safety Commissioner Corinne Vita and Oath of Office. SPECIAL PRESENTATIONS 1. Presentation California Voters First Initiative STAFF RECOMMENDATION: Adopt resolution endorsing the California Voters First Initiative. Norman Kline, Mayor of Saratoga in 2006, provided a slide show presentation on California Voters First Initiative and provided handouts. RESOLUTION: 08 -027 KING /PAGE MOVED TO ADOPT RESOLUTION ENDORSING THE CALIFORNIA VOTERS FIRST INITIATIVE. MOTION PASSED 5 -0. CONSENT CALENDAR 2. City Council Minutes April 2, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FOR APRIL 2.2008. MOTION PASSED 5 -0. 3. City Council Minutes April 16, 2008 STAFF RECOMMENDATION: Approve minutes. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FOR APRIL 16, 2008. MOTION PASSED 5 -0. 4. City Council Minutes July 18, 2007 STAFF RECOMMENDATION: Approve minutes. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FOR JULY 18, 2007. MOTION PASSED 5 -0. 5. City Council Minutes November 20, 2007 STAFF RECOMMENDATION: Approve minutes. PAGE /KING MOVED TO APPROVE CITY COUNCIL MINUTES FOR NOVEMBER 20, 2007. MOTION PASSED 5 -0. 6. City Council Minutes June 21, 2006 STAFF RECOMMENDATION: Approve minutes. PAGE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FOR JUNE 21, 2006. MOTION PASSED 5 -0. 7. Review of Accounts Payable Check Registers STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: April 10, 2008 April 17, 2008 PAGE/KING MOVED TO ACCEPT CHECK REGISTERS FOR APRIL 10, 2008 AND APRIL 17, 2008. MOTION PASSED 5 -0. 8. Appointment of Two Traffic Safety Commissioners and Oath of Office STAFF RECOMMENDATION: Adopt the attached resolutions appointing two members to the Traffic Safety Commission and direct the Acting City Clerk to administer the Oath of Office. Acting City Clerk Ann Sullivan administered Oath of Office to new Traffic Commissioner Corinne Vita. Re- appointed Commissioner Michael Bustamante was unable to attend the meeting and will be sworn in at a later date by Acting City Clerk. RESOLUTION: 08 -028 RESOLUTION: 08 -029 PAGE /KING MOVED TO ADOPT THE RESOLUTIONS APPOINTING TWO MEMBERS TO THE TRAFFIC SAFETY COMMISSION AND DIRECT ACTING CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED 5 -0. 9. Amendment to Saratoga City Code to Adopt Use Restrictions for Kevin Moran Park STAFF RECOMMENDATION: Adopt Ordinance. ORDINANCE: 257 PAGE/KING MOVED TO ADOPT ORDINANCE AMENDING SARATOGA CITY CODE TO ADOPT USE RESTRICTIONS FOR KEVIN MORAN PARK. MOTION PASSED 5 -0. 10. Motor Vehicle (MV) Resolution Authorizing Installation of a Stop Sign STAFF RECOMMENDATION: Move to adopt Motor Vehicle Resolution authorizing the installation of a stop sign on Shadow Mountain Drive at the intersection of Chateau Drive MV -274 PAGE /KING MOVED TO ADOPT MOTOR VEHICLE RESOLUTION AUTHORIZING THE INSTALLATION OF A STOP SIGN ON SHADOW MOUNTAIN DRIVE AT THE INTERSECTION OF CHATEAU DRIVE. MOTION PASSED 5 -0. 11. Approval of Third Amendment to the Agency Agreement for the Countywide Household Hazardous Waste Collection Program STAFF RECOMMENDATION: Accept report, and authorize the City Manager to approve the Third Amendment to the Agency Agreement with the County of Santa Clara for the Countywide Household Hazardous Waste Collection Program. PAGE /KING MOVED TO AUTHORIZE THE CITY MANAGER TO APPROVE THE THIRD AMENDMENT TO THE AGENCY AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE COUNTYWIDE HOUSEHOLD HAZARADOUS WASTE COLLECTION PROGRAM. MOTION PASSED 5 -0. 12. Approval of Second Amendment to the Agency Agreement for Countywide AB 939 Implementation Fee STAFF RECOMMENDATION: Accept report, and authorize the City Manager to approve the Second Amendment to the Agency Agreement with the County of Santa Clara for the Countywide AB 939 Implementation Fee. PAGE/KING MOVED TO AUTHORIZE THE CITY MANAGER TO APPROVE THE SECOND AMENDMENT TO THE AGENCY AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE COUNTYWIDE AB939 IMPLEMENTATION FEE. MOTION PASSED 5 -0. 13. Approving Application for Clean Air and Transportation Improvement Fund, Proposition 116, Bicycle Program STAFF RECOMMENDATION: Adopt the attached resolution in support of the application for California Transportation Commission Clean Air and Transportation Improvement Fund, Proposition 116, Bicycle Program. RESOLUTION: 08 -030 PAGE /KING MOVED TO ADOPT THE RESOLUTION IN SUPPORT OF THE APPLICATION FOR CALIFORNIA TRANSPORTATION COMMISSION CLEAN AIR AND TRANSPORTATION IMPROVEMENT FUND, PROPOSITION 116, BICYCLE PROGRAM. MOTION PASSED 5 -0. 14. Landscaping and Lighting Assessment District LLA -1 Amendment of Resolution of Intention STAFF RECOMMENDATION: Move to adopt Amended Resolution of Intention Ordering the Levy and Collection of Assessments for the City of Saratoga Landscaping and Lighting District LLA -1 for Fiscal Year 2008 -2009. RESOLUTION: 08 -031 PAGE/KING MOVED TO ADOPT AMENDED RESOLUTION OF INTENTION ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CITY OF SARATOGA LANDSCAPINGN AND LIGHTING DISTRICT LLA -1 FOR FISCAL YEAR 2008 -2009. MOTION PASSED 5 -0. PUBLIC HEARINGS 15. Proposed User Fee Schedule Update for Fiscal Year 2008/09 STAFF RECOMMENDATION: Hold public hearing and adopt Proposed User Fee Schedule for FY 2008/09. Administrative Services Director Mary Furey presented staff report. Mayor Waltonsmith opened the public hearing. John Keenan addressed the Council regarding user fees imposed on residents when experiencing emergency repairs due to natural causes such as mud slides from heavy rains. He suggested the City consider lowering those fees. Cheriel Jensen noted that the 20 cent cost for duplicating requested records was a little high, and since we are all trying to save paper, those documents should be provided electronically for free, when possible. In addition, she feels that the Planning Commission Appeal fee is too high, the Continuance fee is too low, and the tree removal permit fee is too high, especially when it involves a dead tree. She stated there are dead trees all over in the community; this is a fire hazard, and most people won't pay the high permit fee to remove a dead tree. Mayor Waltonsmith closed the public hearing. Councilmember King addressed Mr. Keenan's concern regarding user fees for emergency repairs and stated she thought the fee charged was only for actual cost. City Manager Dave Anderson asked Mary Furey if the 25% surcharge was for administrative overhead costs. Mary Furey stated it was and it helps pay the costs for the City to contract with engineers, geologists, etc. City Attorney Richard Taylor noted the City is only allowed to charge for the cost of providing a service. He stated there are no fees for which the City is making money and in many cases the cost of the fee is actually less than the cost for city staff to perform those services. There was continued discussion regarding the process of establishing the user fee schedule for Fiscal Year 2008/09. Council felt that after researching the user fees established by neighboring cities, the proposed user fees for the City of Saratoga are in line with other cities. RESOLUTION NO 08 -085 PAGE/KING MOVED TO ADOPT PROPOSED USER FEE SCHEDULE FOR FY2008/2009. MOTION PASSED 5 -0. OLD BUSINESS 16. Online Citywide Community Calendar STAFF RECOMMENDATION: Accept report and direct staff accordingly. Administrative Analyst Crystal Morrow presented staff report and noted there were presenters from the Saratoga Chamber of Commerce, Artsopolis, and KSAR. Vance Nelson, President of Saratoga Chamber of Commerce, addressed the Council regarding their proposal for a City Community Calendar. Ron Evans, Director of Local Marketing and Technology for Artsopolis, addressed the Council with their proposal regarding a City Community Calendar. Trish Cypher, KSAR Board Member, addressed the Council with their proposal for a City Community Calendar. After lengthy discussion regarding the various options presented, Mayor Waltonsmith invited public comments. Trish Cypher, KSAR presenter, noted KSAR was not trying to compete with the Saratoga Chamber of Commerce; they were interested in working jointly with the Chamber. Mayor Waltonsmith closed public comment. Council Direction to Staff: Councilmembers Page and King made a motion to move forward contracting with Artsopolis to create a Saratoga community calendar, with specific language stipulated by City Attorney Richard Taylor. PAGE /KING MADE AN AMENDED MOTION TO FUND THE ARTSOPOLIS CONTRACT WITH $5,000 FROM THE 2007/2008 COUNCIL'S DISCRETIONARY FUNDS FOR THE CURRENT FISCAL YEAR, AND TO BUDGET $3,500 IN THE BUDGET FOR FISCAL YEAR 2008/2009 THROUGH DECEMBER OF THE 2009/2010 BUDGET AND $3,500 EACH YEAR THEREAFTER TO COVER ANNUAL MAINTENANCE COSTS OF THE CALENDAR. MOTION PASSED 4 -1 WITH COUNCILMEMBER HUNTER OPPOSING. The Council also directed staff to continue using the Chamber of Commerce calendar. Mayor Waltonsmith declared a 5 minute break at 9:40PM. Mayor Waltonsmith reconvened the meeting at 9:45PM. Councilmember Page made a motion to move ITEM 18 forward for discussion. Council concurred. 18.Business License Tax Compliance Audit STAFF RECOMMENDATION: Review Muniservices LLC's audit proposals to provide the City of Saratoga with a Local License Tax Compliance Program for business license discovery and audit services, and direct staff as to whether Council would like the City to enter into a contract with MuniServices LLC for a business license audit. Administrative Director Mary Furey presented the staff report. Mayor Waltonsmith invited public comment. No one spoke on this item. PAGE /KING MOVED TO DIRECT STAFF TO ENTER INTO A CONTRACT WITH MUNISERVICES LLC TO PROVIDE THE CITY OF SARATOGA WITH A LOCAL LICENSE TAX COMPLIANCE PROGRAM FOR BUSINESS LICENSE DISCOVERY AND AUDIT. MOTION PASSED 5 -0. 17. Proposed City -wide Garage Sale STAFF RECOMMENDATION: Accept report and direct staff accordingly. Assistant City Manager Barbara Powell presented the staff report. Mayor Waltonsmith invited public comment. No one was present to comment on this item. There was Council discussion regarding the various garage sale options, costs involved and staff time to prepare and plan for a city -wide garage sale. Council noted the primary reason for promoting a city -wide garage sale is to encourage recycling to increase the waste diversion from landfills. Council directed staff: o To place ads in the Saratoga News, distribute a press release, and post City Website messages encouraging residents to recycle their unwanted household items by having garage sales in June and July of this year; o Contact West Valley Collection Recycling, and if feasible given their timelines, have them place flyers in the monthly billing statements encouraging neighborhood garage sales prior to the scheduled annual cleanup day; and o Begin the process of an organized city -wide garage sale along with Los Gatos and Monte Sereno for next year (2009). WALTONSMITH /KAO MOVED TO ALLOCATE $1,500 FROM THE COUNCIL DISCRETIONARY FUND TO COVER COSTS FOR GARAGE SALE ADVERTISING FOR 2008. MOTION PASSED 5 -0. NEW BUSINESS 19.Review the Retail Site Assessment Report from the Buxton Company STAFF RECOMMENDATION: Direct Staff Accordingly. Community Development Director John Livingstone presented the staff report and introduced Robert Belcher, representative from the Buxton Company. Mr. Belcher provided a presentation on the completed Retail Site Assessment Report for the Saratoga community. There was Council discussion and Council stated that this was the first step in researching the type of retailers that could successfully provide the goods and services the community uses. Council thanked Mr. Belcher for traveling to Saratoga from out of state and for his clarification of the Buxton Study results. Council concurred unanimously to place this project on hold for now. 20.City of Saratoga Website STAFF RECOMMENDATION: Accept report and direct staff accordingly. Administrative Analyst Crystal Morrow presented the staff report and provided Council with options regarding Website improvements. There was lengthy Council discussion regarding Website features and content. Council noted they felt it was important to have a top notch website. HUNTER/PAGE MOVED TO SET ASIDE $50,000 IN THE OPERATIONAL EFFICIENCIES BUDGET FOR FISCAL YEAR 2008/2009. MOTION PASSED 5 -0. ADHOC AGENCY ASSIGNMENT REPORTS Mayor Ann Waltonsmith: SASCC reported they are doing very well and that their annual Afternoon Tea was a great success. West Valley Mayors and Managers Association reported the WVMMA discussed having a "recycling competition" between the 5 member cities. She stated the Town of Los Gatos will be taking the lead on the preparations for this event and she volunteered the next City of Saratoga Mayor to assist them with the competition preparations. Sister City Liaison reported the Sister City Group had selected 3 students to participate in the annual student exchange program and will be traveling to Japan in August. Vice Mayor Chuck Page: West Valley Solid Waste Joint Powers Association reported they had met last week and stated there may be a slight rate increase and the hard -to -serve rate will go away. Village AdHoc met a week ago and did a walk through the Village. Water District attended the last meeting and reported they are concerned about a $141 million dollar outstanding liability and are looking at ways to fund that liability. Councilmember Kathleen King: Peninsula Division, League of California Cities reported they would not be taking a stand on the re- districting issue. Santa Clara County Cities Association announced Mayor Waltonsmith would be attending the meeting on her behalf the following evening City School AdHoc reported the Pop Warner issue hasn't been resolved as of this date. TEA AdHoc reported she had met with Jim Beall and suggested scheduling a meeting with Chris Forsythe. Councilmember Jill Hunter had nothing to report. Councilmember Aileen Kao: ABAG General Assembly reported she attended the annual meeting in San Francisco on behalf of Ann Waltonsmith. She also noted that ABAG encouraged the South Bay cities to submit nominations for the Outstanding Awards Program for 2009. CITY COUNCIL ITEMS Councilmember King requested to agendize the time duration of Council meetings and suggested stretch breaks throughout the evening during lengthy council meetings. Mayor Waltonsmith noted the Silicon Valley Realtors Association had asked her to give an informal State of the City presentation; which she did. She also noted the Association does an annual community project and for 2008 they would like to do a fundraiser and would donate half the profits to the City of Saratoga and the other half to the Town of Los Gatos. The Association purchased all the tickets for the San Jose Giants baseball game on August 3, 2008 and would like the City to participate in this fundraising event by helping with the sale of the tickets. The Mayor noted she would like to agendize this item on the next Council meeting for further disscussion. CITY MANAGER'S REPORT City Manager Dave Anderson referred to the earlier discussion regarding Highway 9 and the grant that the City received through CTC. He noted the other West Valley Mayor /Managers Association cities indicated they would like to schedule a joint meeting with the Highway 9 Committee to give a status report to the community and to prioritize future projects so they will be in the queue when monies become available for the Highway 9 project; allowing all three cities to jointly decide which segments of the project would be first, second, and third priority. ADJOURNMENT PAGE/KAOMOVED TO ADJOURN THE REGULAR MEETING AT 11:45PM. MOTION PASSED 5 -0. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk