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HomeMy WebLinkAbout11-04-2009 City Council minutesMINUTES SARATOGA CITY COUNCIL MEETING NOVEMBER 4, 2009 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 Section 54956.9 (b) (1 potential case) CONFERENCE — INSTRUCTION TO REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8): Wildwood Way Agency Negotiators: Dave Anderson, City Manager and John Cherbone, Public Works Director MAYOR'S REPORT ON CLOSED SESSION Mayor Page stated there was no reportable information. City Council held a Joint Meeting with members of the Ministerial Association in the • Administrative Conference Room at 6:00 p.m. • Mayor Page called the Regular City Council meeting to order at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page ABSENT: Susie Nagpal (Excused Absence) ALSO Dave Anderson, City Manager PRESENT: Richard Taylor, City Attorney Barbara Powell, Assistant City Manager Ann Sullivan, City Clerk Mary Furey, Finance Director John Cherbone, Public Works Director John Livingstone, Community Development Director Cynthia McCormick, Associate Planner Kate Bear, City Arborist 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 November 4, 2009, was properly posted on October 29, 2009. • ORAL COMMUNICATIONS The following people requested to speak: Citizen Ray addressed the Council regarding the pollution from the Lehigh Cement Plant in Cupertino. He stated he recently attended a meeting in Sacramento regarding this concern. Grover Steele addressed the Council regarding the October 13 article in the Saratoga Newspaper about the proposed Community Garden by the Peck family and the potential development of the West Valley Water District property bordering the Saratoga Creek; he stated he does not support this proposal. Naomi Matsumoto expressed her appreciation of the support shown by the City Council for the West Valley Community Services program. She noted they have seen a 30% increase in participation from a year ago from people who need their services. She added they are having a difficult time keeping enough donated food items available for the people who are in need and welcomed any and all donations. Vice Mayor King asked if they had enough volunteers for serving food on Thanksgiving Day. Ms. Matsumoto noted they have enough servers lined up for that day; however they do need volunteers to adopt seniors for the Adopt a Family Program for the holidays. Vice Mayor King asked how people could get excess produce from their fruit and vegetable trees to West Valley Community Services. Ms. Matsumoto stated people could drop the excess produce off at the West Valley Community Services office or they could call their office to schedule a time where they could meet at the Los Gatos location to pick up the donated produce. Janice Gamper addressed the Council regarding the discontinued public transportation services for people that needed transportation services later in the evening and asked how she could get transportation assistance for her and her father. DIRECTION TO STAFF Mayor Page suggested Ms. Gamper call 211 for transportation assistance. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Reverend Eric Swanson from West Hope Presbyterian Church provided a brief report on the Joint Meeting with the Ministerial Association prior to the Regular Council meeting. He noted the association meets once a month and their goal is to continue networking with the various communities of faith within Saratoga to build a community of peace. They expressed an interest in working with the City to reach out together to build community. Reverend Swanson invited all Saratoga communities of faith to participate in the Thanksgiving Dinner Interfaith celebration on Thanksgiving Day at Congregation Beth David. In addition, he invited everyone that would like to be more involved in the • community to visit their website at www.SaratogaServes.org — a program that was enacted in 2008 that promotes service and good will in the Saratoga community. Mayor Page took this opportunity to invite the members of the Ministerial Association that were in attendance to join him on the Dais so that he could present them with a proclamation declaring the month of November as "National Family Care Givers Month ". Mayor Page read the proclamation and presented it to the members that were present. DIRECTION TO STAFF None ANNOUNCEMENTS Vice Mayor King stated the Sister City 25 Anniversary celebrations will be starting this week and invited everyone to help welcome the delegation from Muko Japan and to join them in the tree planting event at the Warner Hutton House on Saturday . She added people could call the city offices to obtain a schedule of events. Councilmember Hunter noted there was an event for children scheduled at the Saratoga Library on Saturday. Ms. Hunter also invited everyone to come to the annual Tree Lighting Ceremony on November 27 — followed by the Village Open House events. Mayor Page noted the City began their Sister City relationship with Muko, Japan twenty five years ago; which includes a student exchange program. He added the Mayor from Muko, Japan would be a member of the delegation scheduled to arrive on Thursday. Vice Mayor King invited everyone to participate in the "Turkey Trot" competition in downtown San Jose on the morning of Thanksgiving Day. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 1. REVIEW OF ACCOUNTS PAYABLE REGISTERS STAFF RECOMMENDATION: That the City Council accepts the Check Registers for Accounts Payable cycles: October 15, 2009 October 22, 2009 MILLER/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR ACCOUNTS PAYABLE CYCLES: OCTOBER 15, 2009 AND OCTOBER 22, 2009. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER NAGPAL ABSENT. • 2. TREASURER'S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2009 STAFF RECOMMENDATION: Review and accept the Treasurer's Report for the month ended September 30, 2009. MILLER/HUNTER MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2009. MOTION PASSED 4- 0 -1WITH COUNCILMEMBER NAGPAL ABSENT. 3. FINAL MAP APPROVAL FOR TWO LOTS LOCATED AT 15211 HUME DRIVE STAFF RECOMMENDATION: Move to adopt Resolution granting final map approval of tentative map application No. SUB 09 -0001 for two lots located at 15211 Hume Drive. RESOLUTION NO. 09-056 MILLER/HUNTER MOVED TO ADOPT RESOLUTION GRANTING FINAL MAP APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 09 -0001 FOR TWO LOTS LOCATED AT 15211 HUME DRIVE. MOTION PASSED 4- 0-1WITH COUNCILMEMBER NAGPAL ABSENT. 4. FY 2009 — 2010 CDBG COUNTY /CITY CONTRACT STAFF RECOMMENDATION: Adopt a Resolution authorizing the City Manager to execute a $464,069.77 contract with Santa Clara County for the FY 2009 -2010 CDBG Program. RESOLUTION NO. 09 -057 MILLER/HUNTER MOVED TO ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A $464,069.77 CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2009/2010 CDBG PROGRAM. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER NAGPAL ABSENT. 5. UPDATE OF SARATOGA'S LOCAL HAZARD MITIGATION PLAN (LHMP) MATRICES PURSUANT TO THE DISASTER MITIGATION ACT OF 2000 STAFF RECOMMENDATION: Authorize the City Manager to submit the attached updated mitigation matrices to the Association of Bay Area Governments (ABAG) and the Federal Emergency Management Agency (FEMA) for their preliminary review and comment. MILLER/HUNTER MOVED TO AUTHORIZE THE CITY MANAGER TO SUBMIT THE UPDATED MITIGATION MATRICES TO THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) AND THE FEDERAL EMERGENCY MANAGAEMENT AGENCY (FEMA) FOR THEIR PRELIMINARY REVIEW AND COMMENT. MOTION PASSED 4- 0 -1WITH COUNCILMEMBER NAGPAL ABSENT. 4 • PUBLIC HEARINGS 6. APPEAL OF A TREE REMOVAL PERMIT (TRP09- 0222). STAFF RECOMMENDATION: Staff recommends that the City Council uphold the Planning Commission decision denying the appeal and allowing the removal of four oak trees. The attached resolution would make removal subject to all the Planning Commission conditions, including a provision that work may not proceed if a court has determined that the Applicant may not remove trees within the easement. City Arborist Kate Bear presented the staff report regarding the appeal of a tree removal permit on Via Regina Drive. Max Keyashian, appellant, addressed the Council requesting that they deny the Planning Commission's decision allowing the removal of four oak trees at 21818 Via Regina. Linda Yelavich, applicant, addressed the Council asking that they uphold the Planning Commission's decision granting removal of four oak trees at 21818 Via Regina. Mayor Page opened the public hearing for comment. No one requested to speak on this item. Mayor Page closed the public hearing comment. Mr. Kayeshian re- addressed the Council asking Council to deny the Planning Commission's decision to allow removal of four oak trees at 21818 Via Regina. Linda Yelavich re- addressed the Council asking Council to uphold the Planning Commission's decision. Councilmember Hunter noted she supported the appellant opposing the Planning Commission's decision to allow the removal of four oak trees. RESOLUTION NO. 09 -058 MILLER/KING MOVED TO UPHOLD THE PLANNING COMMISSION'S DECISION APPROVING APPLICATION NO. TRP 09 -0222 FOR THE REMOVAL OF FOUR COAST LIVE OAK TREES AT 21818 VIA REGINA; AND TO ADOPT THE RESOLUTION WHICH WOULD MAKE REMOVAL SUBJECT TO ALL THE PLANNING COMMISSION CONDITIONS, INCLUDING A PROVISION THAT WORK MAY NOT PROCEED IF A COURT HAS DETERMINED THAT THE APPLICANT MAY NOT REMOVE TREES WITHIN THE EASEMENT. MOTION PASSED 3 -1 -1 WITH COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER NAGPAL ABSENT. • OLD BUSINESS 7. HERRIMAN AVENUE PEDESTRIAN WALKWAY AND BICYCLE LANE REVIEW STAFF RECOMMENDATION: Receive report and provide direction to staff Public Works Director John Cherbone presented the staff report. Franziska Church and Sohrab Rashid, Traffic Engineers from Fehr & Peers, provided additional data regarding pedestrian and bicycle lane options on Herriman Avenue and noted they recommended Options 1 or 3. Mayor Page invited public comment. The following people requested to speak on this item: Carl Dwjta stated option 3 was probably the most ideal for the majority of the residents; however he was in support of Option 4. Marilyn Foust stated a sidewalk was installed on a street that wasn't made to accommodate a sidewalk. She noted she receives complaints from the postman and noted she would like an option where there is a buffer and not to keep Hemman the way it is now. Minggui Pan noted he does not support Option 2 as it would benefit only one or two residents and the chosen option should benefit the majority of the residents. Bob Dimicco noted he supports Option 1. Annette Cozimel stated she supports Option 4. No one else requested to speak on this item. Mayor Page closed the public comment. KING /MILLER MOVED TO APPROVE OPTION 1: KEEP CURRENT CONFIGURATION OF HERRIMAN AVENUE. CREATE RAISED PEDESTRIAN WALKWAY BY FILLING IN BETWEEN THE ASPHALT BERM AND CONCRETE CURB. MOTION PASSED 3 -1 -1 WITH COUNCILMEMBER HUNTER OPPOSING AND COUNCILMEMBER NAGPAL ABSENT. NEW BUSINESS 8. STATUS OF JANUARY 6, 2010 COUNCIL MEETING STAFF RECOMMENDATION: • Consider cancelling the meeting of January 6, 2010. City Clerk Ann Sullivan presented the staff report. PAGE /KING MOVED TO CANCEL THE JANUARY 6, 2010 COUNCIL MEETING. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER NAGPAL ABSENT. ADHOC & AGENCY ASSIGNMENT REPORTS Mayor Chuck Page — reported: Valley Transportation Authority PAC — meets Thursday evening and may vote on a couple items: Reorganization of small city groupings — specifically whether or not to add Milpitas to Sunnyvale and Santa Clara; and Governances — how the five small city representatives are appointed to the board. He noted VTA may be looking at additional employee layoffs due to the downturn in the economy and reduced ridership. Vice Mayor Kathleen King — reported: West Valley Flood Control Zone & Watershed Advisory Committee — suggested Council reconsider this committee as they only schedule four meetings a year and feels the meetings have not been very productive overall. SSC Cities Association Executive Board — will meet next Thursday and noted the Cities Association will have "California Forward" come in to talk about the future Initiatives, such as the City of San Jose's efforts to ban plastic bags, CDC grants of $376 million dollars that are available to the County Health Departments and only 40 grants will be given out. These grants will be applied to improving access to community exercise programs, quitting smoking, and general health plan coverage's. She reminded Council of the annual Christmas Party on December 3, 2009. Councilmember Jill Hunter — reported: Thanked KSAR for always attending every city function and for interviewing people. Library Joint Powers Association — she attended the County Library meeting and noted they will be conducting a survey of people that do not have library cards; adding that only 45% of Saratogans have a library card. She stated their goal is to increase the number of library cards and circulation as this is what determines how much funding the Saratoga Library receives. She added Saratoga was recognized for their donation of $50K to the library. She thanked the Friends of the Library group for their continued fund raising efforts. Santa Clara County Valley Water District Commission — she attended the last meeting; they discussed the new changes that will be effective January 1, 2010 and stated the District's goal is to have people cut back 20% in their water usage. She noted the County in general has reduced water usage by 15 %. Councilmember Howard Miller — reported: he attended the HTC Policy Committee meeting as an alternate and noted there are two items Council will want to be aware of regarding CDBG Grants. He stated the downturn in the economy has caused the County to look for ways to minimize the cost of their programs. For 2011 the County will try to limit the amount of administrative overhead for public service grants by considering having fewer grants at a larger amount. In addition they are considering retaining about • $15,000 of administrative dollars that normally the City would use to administer the programs to help fund their services. Chamber of Commerce — has moved into their new office on Big Basin; facility is open for business; and they expressed their appreciation to the city for waiving the CUP fee. KSAR — is looking at spending some of the PEG capital dollars to purchase some video editing stations. Santa Clara County Emergency Council — will be attending the meeting on Thursday. Council Finance Standing Committee — met earlier today and noted Council did receive an updated Financial Report. He added the new computer software system is now able to generate reports for current revenue and expense by quarter, versus by budget. He stated expenses are below what was expected at this point — which is good; and revenue is difficult to determine as it is very seasonal, e.g. property tax dollars, which will be coming later in the fiscal year and those tax dollars are at where we expected them; and the Building Department has been issuing a lot of building permits, however, due to the economy not as many projects are coming in right now. Councilmember Susie Nagpal — Excused Absence. CITY COUNCIL ITEMS Councilmember Miller noted the Boy Scouts of Troop 535 will be conducting their City- wide E -Waste Recycling in January and would like to attend the first meeting in December to provide additional information on this program. Mayor Page stated Troop 535 members could speak during the Non - agendized portion of the Council Agenda on December 2, 2009, and they could lead the Pledge of Allegiance. Councilmember Hunter provided Council with copies of an article in the Saratoga News 15 years ago regarding trees and noted she would provide City Arborist Kate Bear with one as well. Mayor Page announced that as a result of the Joint Meeting held earlier with the Saratoga Ministerial Association he would like to agendize the addition of a new Council assignment for a council liaison to the Ministerial Association. City Manager Dave Anderson reported that SASCC wanted to convey their appreciation of the City's participation in the recent shredding of documents; they conducted a successful Health Faire providing seasonal flu shots recently; and SASCC members are in the process of selecting an investment advisor. Their investment committee is conducting interviews to acquire a firm to assist SASCC with their portfolio. Councilmember Hunter noted she will be attending future SASCC meeting and inquired about the SASCC schedule. City Manager Dave Anderson stated he would have Debbie Bretschneider contact her regarding the SASCC meeting schedule. City Attorney Richard Taylor noted he is unable to attend the November 18, 2009 Council meeting and Assistant City Attorney Jonathan Wittwer would be attending in his absence. • CITY MANAGER'S REPORT City Manager Dave Anderson noted he would like Council's permission to leave the state during the week of Thanksgiving. Council extended their approval for Mr. Anderson to leave the state during the week of Thanksgiving. Council Hunter noted Council members and staff were wearing white ribbons in honor of Susie Nagpal and wished her a speedy recovery. ADJOURNMENT There being no additional business Mayor Page asked for a motion to adjourn. KING /HUNTER MOVED TO ADJOURN THE REGULAR MEETING AT 9:25PM. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER NAGPAL ABSENT. Respectfully submitted, Ann Sullivan, CMC City Clerk