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HomeMy WebLinkAbout03-04-2009 City Council MinutesMayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: None MINUTES SARATOGA CITY COUNCIL MARCH 4, 2009 ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Ann Sullivan, City Clerk Barbara Powell, Assistant City Manager Mary Furey, Administrative Services Director John Livingstone, Community Development Director Cynthia McCormick, Assistant Planner Crystal Morrow, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA Ann Sullivan, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 4, 2009, was properly posted on February 27, 2009. ORAL COMMUNICATIONS Emily Lo addressed the council regarding the potential relocation of the Saratoga Chamber of Commerce office building they are currently renting on Big Basin. Ms. Lo asked the Council to consider assisting the Chamber with the use permit fee or to allow a permitted use. Ms. Lo also stated that if the Chamber has to relocate they would like a store front location on Big Basin Way, in order to continue serving the visitors, businesses, and residents in the Saratoga community. Norm Koepernik, Chair of the Mustard Faire, provided an update on the March 1St Mustard Faire event noting that the banner came down twice due to heavy rains and wind and noted that approximately 600 people attended despite the inclement weather. Mr. Koepernik read an email commending the organizers of the Mustard Faire event. Janice Gamper addressed the Council regarding the "Wear Your Helmet" day and asked for Council's assistance regarding that event. 1 DIRECTION TO STAFF Vice Mayor King requested agendizing the potential relocation of the Chamber of Commerce office and assistance regarding the cost of the Conditional Use Permit for a new location. Mayor Page seconded this agenda request. Councilmember Hunter responded to Ms. Gamper's comments and noted that the "Wear Your Helmet" day has been agendized on the June 3, 2009 Council meeting agenda and invited Ms. Gamper to attend that meeting. Councilmember Hunter also thanked Norm Koepernik for all the work the Mustard Faire Committee did to organize this year's event. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Mayor Page reported that representatives from the various public and private schools serving the community of Saratoga met in a Joint Meeting with the Council prior to the Regular Meeting this evening, along with several representatives from the Saratoga Library. Mayor Page noted this was a very productive meeting and noted that many of the school representatives commended School Resource Officer, Deputy Dan Cutforth, for the terrific job he does at the various schools helping students and providing Code Red Drills. ANNOUNCEMENTS Councilmember Hunter invited everyone to attend the St. Patrick's Day party on March 14 from 3:00 to 5:OOPM in the Village. Mayor Page invited Marge Hand, representative from the West Valley Light Opera, to come up to the podium and speak about their upcoming production of "Cats Ms. Hand noted they are in their 44 season of presenting Broadway Musicals at the Saratoga Theater, thanked everyone for their assistance in setting up performance sets, and invited everyone to the final preview of "Cats" this Friday evening. Mayor Page also announced that Council would be testing a new procedure for tonight's meeting, which is the Rosenberg's Rules of Order, noting that there wouldn't be a noticeable difference in the manner of how the meeting was conducted. The Mayor noted that the only exception from the new rules was that Council questions and discussion of the item may preceed a motion. CEREMONIAL ITEMS 1. COMMENDATION HONORING REDWOOD MIDDLE SCHOOL BAND AUXILIARY UNITS 2 STAFF RECOMMENDATION: Present commendation. Mayo Page presented the commendations to Vicki Wyant, Director and Coordinator of Music for the Saratoga Union School District and Assistant Music Director, Jonathan Jow. Students from the Redwood Middle School Band and Auxiliary Units were present and acknowledged. 2. APPOINTMENT OF HERITAGE PRESERVATION COMMISSIONER AND OATH OF OFFICE 3 STAFF RECOMMENDATION: Adopt resolution appointing Joan Gomersall to the Heritage Preservation Commission and direct the City Clerk to administer the Oath of Office. City Clerk Arm Sullivan administered the Oath of Office to Heritage Preservation Commissioner Joan Gomersall. RESOLUTION NO. 09 -012 NAGPAL/MILLER MOVED TO ADOPT RESOLUTION APPOINTING JOAN GOMERSALL TO THE HERITAGE PRESERVATION COMMISSION. MOTION PASSED 5 -0 -0. SPECIAL PRESENTATIONS 3. PRESENTATION BY KELLY FERGUSON, SIEMENS BUILDING TECHNOLOGIES, INC. STAFF RECOMMENDATION: Accept presentation by Kelly Ferguson, Ph.D., P.E., LEED® AP, Business Development Manager, Siemens Building Technologies, Inc. Kelly Ferguson presented information about a proposed Energy Management Program for the City of Saratoga. CONSENT CALENDAR 4. CITY COUNCIL MINUTES JUNE 20, 2007 STAFF RECOMMENDATION: Approve minutes. NAGPAL/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES JUNE 20, 2007. MOTION PASSED 5 -0 -0. 5. MINUTES CITY COUNCIL RETREAT JANUARY 30, 2009 STAFF RECOMMENDATION: Approve minutes. Councilmember Hunter removed this item for clarification. Councilmember Hunter noted that her comment on page 2 regarding the Rental/Square Footage Requirement for mixed use in commercial area overlay was incorrectly noted in the minutes and would like the phrase "Okay with 1,250 square feet requirement" corrected to read "Remove rental requirement In addition, Councilmember Hunter noted that on item "Conditional Use Permit (CUP) Review on page 5 would like to correct her comment supporting the "Elimination of CUP fees" to be corrected to read that she supports "Elimination of some CUP fees HUNTER/MILLER MOVED TO APPROVE MINUTES —CITY COUNCIL RETREAT JANUARY 30, 2009 AS AMENDED. MOTION PASSED 5 -0 -0. 6. CITY COUNCIL MINUTES FEBRUARY 4, 2009 STAFF RECOMMENDATION: Approve minutes. NAGPAL/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES FEBRUARY 4, 2009. MOTION PASSED 5 -0 -0. 7. CITY COUNCIL MINUTES FEBRUARY 18, 2009 STAFF RECOMMENDATION: Approve minutes. NAGPAL/MILLER MOVED TO APPROVE CITY COUNCIL MINUTES FEBRUARY 18, 2009. MOTION PASSED 5 -0 -0. 8. TREASURER'S REPORT FOR THE MONTH ENDED JANUARY 31, 2009 STAFF RECOMMENDATION: City Council review and accept the Treasurer's Report for the month ended January 31, 2009. NAGPAL /MILLER MOVED TO ACCEPT TREASURER'S REPORT FOR THE MONTH ENDED JANUARY 31, 2009. MOTION PASSED 5 -0 -0. 9. REVIEW OF ACCOUNTS PAYABLE REGISTERS 4 STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: February 12, 2009 February 19, 2009 (None) NAGPAL /MILLER MOVED TO ACCEPT THE CHECK REGISTER FOR ACCOUNTS PAYABLE CYCLE FEBRUARY 12, 2009. MOTION PASSED 5 -0 -0. 10. ADOPTION OF ORDINANCE REGARDING TERMS FOR CITY COMMISSIONS STAFF RECOMMENDATION: Waive the second reading of the proposed ordinance regarding terms for City Commissions. ORDINANCE NO. 264 PUBLIC HEARINGS 11. FY 2009/10 COMMUNITY DEVELOPMENT BLOCK GRANT AND COMMUNITY GRANT FUNDING ALLOCATIONS 5 NAGPAL/MILLER MOVED TO WAIVE THE SECOND READING OF THE PROPOSED ORDINANCE REGARDING TERMS FOR CITY COMMISSIONS. MOTION PASSED 5 -0 -0. STAFF RECOMMENDATION: Conduct the Public Hearing and make a decision regarding allocations. Mayor Page noted that this item was continued from the February 18, 2009 meeting. Cynthia McCormick, Assistant Planner, was present to provide additional information regarding this item. Ms. McCormick noted that the total requested funding was $126,231 and that three of the requests may be partially funded with CDBG Public Service Funds and one request may be partially funded with CDBG Rehabilitation Funds. In addition, she noted that the County had just informed her that the available estimates would be a little different. The total funds available isn't expected to be less, however, the distribution of funds will be slightly different. Previously the available Public Service funds were $32,000 and now it will be $27,057; and the ADA Public Improvements and Rehabilitation funds were $69,000 and now it will be $74,010, which creates a shortfall of approximately $17,487 in requested funding. She noted she would know by the beginning of the new Fiscal Year as to the final available CDBG funding amounts. Mayor Page noted that Council's policy from 2008 was to match the Community Fund portion of CDBG, which was $32,000. Mayor Page stated that now the amount has been reduced to $27,057 Council could match that and add the remaining $22,000 this would leave about $5,000 less. Mayor Page distributed a new funding category worksheet to the Council Members depicting the new amounts and asked Council if they would like to match what they originally estimated, which was $32,000 plus the $22,068 that was left from last year; or follow Council's policy, which would be to match the $27,057 and add in the $22,068. Mayor Page noted that Council can fund everything that was requested except for one project. Councilmember Miller noted he would like to move to approve the lower matching CDBG funds and add the remaining $22,068 funds from October 2008. Vice Mayor King stated she would like to add a friendly amendment by using those funds for the requests in the Community Grant and Public Service columns before considering other requests. Council discussion: Councilmember Miller asked if the funds contributed by the City can be distributed in any category. 6 Mayor Page responded that they could. Mayor Page asked Vice Mayor King to clarify her friendly amendment that if any funds were left over, they couldn't be applied to the other categories. Vice Mayor King stated that she didn't mean that; she was only referring to the first two columns on the funding chart Community Grant and CDBG Public Service requests for the funds that were just approved in the motion to match CDBG funds with the addition of the remaining October 2008 funds of $22,068. Mayor Page asked if there was a second to Vice Mayor King's friendly amendment. Councilmember Nagpal seconded Vice Mayor King's friendly amendment request. Mayor Page invited public comment. No one requested to speak at this time. Mayor Page noted this would end the discussion for this portion of the funding distribution and reiterated the motion made and seconded by Councilmember Miller and Nagpal to match the current CDBG amount, which is smaller than originally estimated, and to use those funds for the requests under the Community Grant and CDBG Public Service categories. MILLER/NAGPAL MOVED TO APPROVE THE LOWER MATCHING CDBG FUNDS AND ADDING THE $22,068 REMAINING FUNDS FROM OCTOBER 2008. MOTION PASSED 5 -0 -0. Discussion continued regarding the combined funding of $76,182 with funding going first to the CDBG Community Grant and Public Service category. Mayor Page opened the public hearing and invited public comment. The following people requested to speak on this item: Phyllis Wiener, member of West Valley Community Services (WVCS) Board spoke on behalf of WVCS and all that they do for the community. Vicki Yang thanked the Council for the money they provided WVCS last year. She noted the Federal stimulus package will be available soon and hoped the City could look at new ways to partner with non profit organizations in the community. In addition, she noted the students and parents at Blue Hills Elementary School in Saratoga held a food drive for WVCS. Cindy Ruby stated she wanted to clarify a misconception from the February 18, 2009 meeting. She noted the application for an architectural plan for ADA improvements to the Saratoga Foothill Club House is not from the Saratoga Foothill Club, it is from a separate Historic Landmark Foundation. She thanked the Council for the public process and hoped they would award them a community grant to be used for ADA improvements at the Foothill Club. 7 Mayor Page closed the public hearing. Council discussion: Vice Mayor King noted it would be nice if Council could fund each of the local agency requests and suggested Council move forward with Community Grants and public service requests. Councilmember Hunter stated she supports that as well. Mayor Page asked if Council would like to vote on the funding allocations for the first six agency requests in the Community Grant and CDBG Public Service categories. MILLER/HUNTER MOVED TO APPROVE THE FUNDING REQUESTS FOR THE FOOTHILL CLUB $13,500, KSAR $4,617, SHADY SHAKESPEARE $2,500, CATHOLIC CHARITIES $5,000, SASCC $35,000, WVCS $15,164, AND TO MOVE THE $401 EXCESS FUNDING TO THE REMAINING CATEGORIES. MOTION PASSED 5 -0 -0. Vice Mayor King noted a friendly amendment to the motion that she would like the excess $401 to be given to SASCC (Adult Care Center). Mayor Page seconded this motion. MILLER/HUNTER MOVED TO APPROVE THE REMAINING EXCESS FUNDING OF $401 TO BE ALLOCATED TO SASCC (ADULT CARE CENTER). MOTION PASSED 5 -0 -0. Council moved on to the CDBG Rehabilitation and CDBG Public Improvements category for $74,010; and the SHARP Administration for $13,000 and CDBG Administration for $15,000. MILLER/HUNTER MOVED TO FUND THE REQUESTED $13,000 FOR THE SHARP PROGRAM AND THE REQUESTED $15,000 FOR CDBG ADMINISTRATION. MOTION PASSED 5 -0 -0. Councilmember Miller raised the question regarding Mid Peninsula's request for $50,450 and that it was his understanding that there could be other sources of funding available for their project through a previous joint project in Campbell. City Manager Dave Anderson noted that several years ago there was a project that Mid Peninsula asked Saratoga to fund in Campbell to upgrade a multi- family neighborhood in conjunction with Campbell and Saratoga provided $100,000 to that project. Subsequently, Mid Peninsula then asked the City for a loan forgiveness on those monies. The City Council responded that they would rather have Mid Peninsula apply that $100K credit to the Mid Peninsula project in Saratoga; and they have now requested funding to re -pave the street adjacent to the existing project and to place speed humps on it as well. 8 Councilmember Miller noted that if Council didn't fully fund the Mid Peninsula request, they have another source of funding in conjunction with the City that could potentially be used for them to complete their project. City Manager Dave Anderson stated the City has been working with Mid Peninsula to apply the credit and to build up cash in the local Saratoga project for improvements. He noted they have recently completed substantial rehabilitation work on the Saratoga project. Councilmember Nagpal inquired if Council doesn't allocate the $50,450 Rehabilitation money to a specific project, what happens to the money. City Manager Dave Anderson stated the Federal Government prefers that each city spend its allocation each year. Councilmember Hunter asked if Council decides that it isn't prudent to fund the Mid Peninsula request is it too late to fund something else in the City at this late stage. Assistant Planner Cynthia McCormick stated Council could allocate those funds to the SHARP program, which is the rehabilitation loan program for the City, and administered by the County. The City could advertise that they have that loan amount available. In addition, she noted the funding recommendations aren't due to the County until March 27, 2009 and that there is one more public hearing where Council can conduct further discussion. Councilmember Hunter noted she has concerns and would like to hear more from Mid Peninsula regarding their request for funds. Mayor Page noted there are additional ADA sidewalk projects in the community that Council could fund if they don't grant Mid Peninsula's funding request. City Manager Dave Anderson stated Council could vote tonight on the allocation of all the other segments, continue the public hearing one more time to discuss allocation of this remaining segment. Community Development Director John Livingstone noted the ADA program is a four -year program and Council could apply those remaining funds to that program now. Councilmember Miller noted that when the representative from Mid Peninsula addressed the Council at the last meeting, he was asked if there were other sources of funding available to them and how urgent their project was. Councilmember Miller stated his response left him unconvinced that the Mid Peninsula's item was urgent. Councilmember Miller suggested Council move on to the remaining two items in the Public Improvements column Facilities and Public Works for a total of $46,391, leaving an amount of $27,691 left over if not given to Mid Peninsula, and continue the public hearing to the next meeting to discuss if any of the remaining funds should go to the Mid Peninsula project or to some other projects in the community. MILLER/NAGPAL MOVED TO APPROVE FUNDING ALLOCATIONS OF $4,464 FOR FACILITIES AND $41,927 FOR PUBLIC WORKS AND 9 CONTINUE PUBLIC HEARING TO THE MARCH 18, 2009 COUNCIL MEETING TO DISCUSS ALLOCATION OF THE REMAINING BALANCE OF $27,619 TO EITHER MID PENINSULA OR SARATOGA PUBLIC WORKS. MOTION PASSED 5 -0 -0. OLD BUSINESS 12. 2009 SPRING ISSUE OF THE SARATOGAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Administrative Analyst Crystal Morrow presented the staff report. Ms. Morrow presented the proposed articles for the spring edition of The Saratogan and asked Council to provide suggestions for additional articles that they would like to see in the spring edition as well as future editions. The following suggestions were made: Councilmember Hunter: o "Shop Local" in a box -style ad urging people to shop in Saratoga stores. o Acknowledgement of Public Works Department for the street beautification (trees and flowers) on Miller Avenue. Councilmember Miller: o Article recognizing Public Works Department for all the new sidewalk improvements throughout the community. Vice Mayor King: o Article acknowledging allocation of grant money for public works projects and specific projects worked on with the grant money. o Question/Answer article on Saratoga's Business License done in the "Ask Jana" format. Councilmember Nagpal: o New City Website design coming soon. o Article on "Saratoga Serves Mayor Page: o Would like to see The Saratogan go green. Ask residents if they would like to receive The Saratogan electronically and then direct them to a website link to request electronic copy. NEW BUSINESS 13. ENERGY MANAGEMENT PROGRAM FOR CITY OF SARATOGA STAFF RECOMMENDATION: Accept report and direct staff accordingly. 1 0 Barbara Powell, Assistant City Manager, presented the staff report and noted Kelly Ferguson, Business Development Manager for Siemens Building Technologies, Inc. was available to answer any questions Council may have. Ms. Powell noted that at the beginning of the meeting this evening, Ms. Ferguson provided a presentation on a proposed Energy Management Program for the City of Saratoga. This program involves a no -cost preliminary study by looking at potential energy savings through targeted facility improvements. They would do a cash -flow analysis and determine how the improvements could be paid through utility savings Once the preliminary study has been completed there would be an implied understanding that the City would enter into a Letter of Intent with Siemens. During this phase, Siemens would conduct a more detailed audit as well as a more detailed financial plan. The cost for this phase of the program together with any facility improvements that the City would agree on would be paid through anticipated utility savings. Ms. Powell noted that Siemens' program takes advantage of recent changes in State law that allows the City to use a "design- build" approach, in which Siemens would act as the designer as well as the General Contractor for proposed facility improvements. In addition, if the City decided to independently bid the proposed facility improvements or to go out to bid for a design -build contractor, the City would then be obligated to pay Siemens for the costs associated with the work they performed up to that point. City Attorney Richard Taylor stated that this is a very different contracting procedure and the City is free to proceed with Siemens or do Request for Proposals (RFP's) on their own. Vice Mayor King asked for clarification that the City could sign up for the Memorandum of Understanding (MOU), get the results and stop there; and that there would be another decision point after that before the City would enter into a Letter of Intent. Ms. Powell noted that was correct and the City would have the option to work with Ms. Ferguson regarding the wording of the MOU, however, there is an implied understanding that the City would enter into a Letter of Intent. City Attorney Richard Taylor added that Council would want to provide direction to staff as to what level they want to proceed and specify that to Siemens. You would want to receive the report, evaluate the report and then decide the next step with no restraints. If Council decides to go with Siemens and still would like to reserve the right not to that should be clearly stated in the MOU. Councilmember Nagpal stated that if the City decides to go with the initial study, she would prefer that the second decision point is not made without having a comparative report from another company. Mayor Page noted the Council would have the opportunity to either accept Siemens' report or seek the evaluation and opinion of another company; however Siemens does guarantee the City will realize the savings that they state; the longer we wait, the longer it will take for us to realize any savings. Vice Mayor King added that she would like the MOU to reflect that there is a second decision point before the City is committed to the Siemens' program since Saratoga would only be the second city that has entered into an agreement with them at this point. Mayor Page noted the wording in the MOU could say "Should the council agree to a preliminary study they may sign a Letter of Intent Councilmember Miller agreed with his fellow Council Members and noted that the Council should be as open as they can with the wording in the MOU. Councilmember Nagpal noted that she would prefer that staff contact another company to provide an analysis and potential energy savings report for the City so that Council could make their decision to move forward based on two competitive studies, not just one. Councilmember Hunter stated she is interested in Councilmember Nagpal's suggestion and added the Federal Government is about to enter into energy savings programs and she would like to take some time moving forward on this as there may be some major changes regarding energy in the future. City Manager Dave Anderson noted that Ms. Ferguson stated in her presentation the City could bid out specific items such as in the larger capital areas; the City could append a bidding procedure on Siemens' project. Ms. Ferguson responded that one of the values of the project is to package everything together so if you have a longer pay -back item you are leveraging the shorter pay- back items to pay for the longer pay -back items. Therefore, if you separate items or parts of the project, you lose some of the power of performance contracting. Ms. Ferguson added that if the City had a preferred local vendor to do some of the work that would be acceptable. Direction to Staff: Staff should move forward with the Siemens' MOU and removing the phrase "implied commitment" from the draft MOU. ADHOC AGENCY ASSIGNMENT REPORTS Mayor Chuck Page reported: Hakone Foundation Executive Committee a team of 12 gardeners from Japan, including a Master Gardener, visited Hakone Gardens. They walked around the garden and created a plan for a true Japanese Garden. One of the changes that you will notice immediately is the removal of the three little steps entering the garden area to the bridge and the creation of more step work; Sister City families hosted many of the visiting gardeners. West Valley Mayors and Managers Association Council Finance Committee met and most of the discussion was about VTA and the lack of funding; funding for mass transit is down; and VTA is considering the possibility of eliminating some routes; decreasing the number of runs on some routes, and possible layoffs. Vice Mayor Kathleen King reported: Hakone Foundation Board noted there are a lot of very nice new changes at Hakone. 11 West Valley Flood Control Zone Watershed Advisory Committee reminded staff tht this issue needs to go into the Housing Element. SSC Cities Association Executive Board everyone is invited to attend the meeting on April 9 and would like staff to note this date on the Council Calendar. The next meeting is next Thursday and there will be a representative from the Health Trust who will be giving a presentation about the fluorinated water issue. Palo Alto is the only city in Santa Clara County that has fluorinated water. Councilmember Jill Hunter reported: Historical Foundation will be featuring the "John Brown Family Coming to Town" and people can visit the Historical Foundation Website for more information regarding dates and times. Library Joint Powers Association they have lowered the fines on videos that are returned late and increased the late fines on books; have had discussions on the Teen Program; they are running a survey to see why people aren't going to libraries. Part of survey will be conducted from the libraries and there will be cold calling as well. Saratoga Library has not experienced this problem, always a good turnout at the Library. Liz Kniss spoke about Poet Laureate at the County Library and they have received a very large number of applications for poets, including a number of recommendations for people in Saratoga as Santa Clara County's Poet Laureate. Councilmember Howard Miller nothing to report at this time. Councilmember Susie Nagpal reported: County HCD Policy Committee met and they discussed CDBG funds; will do funding allocations at the next meeting. SASCC attended the Board meeting last week and they announced their Annual Spaghetti Feed on April 4 at 5:00PM. SASCC has approximately 740 members and 500 of those members are Saratoga residents; they have created a variety of new programs, including ballroom dancing and acrylic painting. Sister City Liaison met a couple days ago; dates for 25 Anniversary are November 5 -7 and there is a city hall event scheduled on the 6 and a banquet on the7 CITY COUNCIL ITEMS Vice Mayor King: Spoke about Berkeley's bonding for Solar Panels. Would like this as an agenda item to see how the City could make solar available for the residents. Vice Mayor King would like to agendize a presentation to hear about the fluoridation issue, noting Liz Kniss has made this a priority for the next five years. Council agreed to wait until after next week's Cities Association meeting to decide if they want to agendize the fluoridation presentation. Mayor Page and Vice Mayor King will make a report to Council regarding the Health Trust fluoridation presentation at that meeting. CITY MANAGER'S REPORT None ADJOURNMENT 12 There being no additional business, Mayor Page asked for a motion to adjourn the Regular Meeting. MILLER/HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 9:35P.M. MOTION PASSED 5 -0 -0. Respectfully submitted, c Ann Sullivan, CMC City Clerk 13