HomeMy WebLinkAbout10-19-2005 City Council MinutesMINUTES
SARATOGA CITY COUNCIL
OCTOBER 19, 2005
The City Council of the City of Saratoga held a Joint Session with the Planning
Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30
p.m.
The following Planning Commissioners were present: Susie Nagpal, Manny Cappello,
Linda Rodgers, and Community Development Director John Livingstone.
Mayor King noted that there was a member from the public who requested to address the
City Council and Planning Commission.
Paul Fontenot suggested some ideas on how the City should approach new cell site
antenna applications. Mr. Fentenot noted that Saratoga is currently exposed because it
lacks formal guidance or an established ordinance for wireless facilities.
Mayor King thanked Mr. Fontenot for his comments.
Chair Nagpal summarized key items from the Planning Commission retreat that was held
on October 12, 2005.
Discussion between the Planning Commission and the City Council took place in regards
to
• Request to increase the Planning Commission's participation in the future of the
Saratoga Village
• Cell Site Conditional Use Permits
• Trails
Mayor King thanked the Planning Commission for attending tonight's Joint Session.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and requested
Assistant City Manager Lorie Tinfow lead the Pledge of Allegiance.
Mayor King noted that tonight was Assistant City Manager Tinfow Lorie's last meeting
with the City of Saratoga. Mayor King announced that Assistant City Manager Tinfow
accepted a position with the City of Pleasanton. Mayor King presented Assistant City
Manager Tinfow with flowers.
Assistant City Manager Tinfow thanked the Council for the last 41/2 years of
employment.
ROLL CALL
PRESENT: Councilmembers Aileen Kao, Nick Streit,
Ann VValtonsmith, Vice Mayor Norman Kline,
Mayor Kathleen King
ABSENT: None
Minutes Ocotber 19, 2006
ALSO Dave Anderson, City Manager
PRESENT: Lorie Tinfow, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Joan Pisani, Recreation Director
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 19,
2005
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of October 19, 2005 was properly posted on October 14, 2005
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Mary Jeanen Fenn reported that the Heritage Orchard was recently irrigated and a
pesticide application was implemented. Mrs. Fenn noted that not only was mud tracked
throughout the Library but also the pesticide -white powder. Mrs. Fenn stated that not
only was it on the carpet but airborne.
Citizen Ray reported a dangerous situation in the Town of Los Gatos near Fischer Junior
High School. Citizen Ray stated that he was disappointed in Saratoga that his suggestion
of widening Highway 9 was not discussed at the CIP study session.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
Susie Nagpal thanked the Council for a productive joint meeting. Chair Nagpal stated
that the Planning Commission and Council discussed various issues in regards to the
Village, cell sites, and trails.
COUNCIL DIRECTION TO STAFF
Councilmember Waltonsmith requested a report back to Council in regards to Mrs.
Fenn's comments.
City Manager Anderson noted that Director Cherbone would contact Mr. Novakovich.
ANNOUNCEMENTS
None
Minutes 2 October 19, 2005
CEREMONIAL ITEMS
1. PROCLAMATION SUPPORTING OCTOBER 16-22, 2005 AS THE YWCA
OF SILICON VALLEY "WEEK WITHOUT VIOLENCE"
STAFF RECOMMENDATION:
Present proc amation.
Mayor King read the proclamation and presented it Mary Diridon from the
YWCA/Counseling Services.
Ms. Diridon thanked the Council for the proclamation and briefly highlighted a
few YWCA's programs.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
2A. CITY COUNCIL MINUTES -SEPTEMBER 7, 2005
STAFF RECOMMENDATION:
Approve minutes
WALTONSMITH/STREIT MOVED TO APPROVE MINUTES OF
SEPTEMBER 7, 2005. MOTION PASSED 5-0.
2B REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
WALTONSMITH/STREIT MOVED TO APPROVE CHECK REGISTER.
MOTION PASSED 5-0.
2C. TREASURER'S REPORT FOR THE MONTH ENDED SEPTEMBER 2005
STAFF RECOMMENDATION:
Accept report.
WALTONSMITH/STREIT MOVED TO ACCEPT TREASURER'S REPORT
FOR MONTH ENDED SEPTEMBER 2005. MOTION PASSED 5-0.
Minutes 3 October 19, 2005
2D. MEMORANDUM OF UNDERSTANDING WITH HILLMAN ~
INDUSTRIAL CARPENTERS LOCAL 262
STAFF RECOMMENDATION:
Adopt resolution approving the MOU; authorize the City Manager to execute
MOU.
RESOLUTION: 05-064
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
APPROVING THE MOU; AUTHORIZE THE CITY MANAGER TO
EXECUTE MOU. MOTION PASSED 5-0.
2E. HAYMEADOW DRIVE SUBDRAIN IMPROVEMENTS -AWARD OF
CONSTRUCTION CONTRACT
STAFF RECOMMENDATION:
Approve contract.
WALTONSMITH/STREIT MOVED TO APPROVE CONTRACT FOR
HAYMEADOW DRIVE SUBDRAIN IMPROVEMENTS. MOTION
PASSED 5-0.
2F. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARKING ON
HERRIMAN AVENUE
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: MV-245
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
PROHIBITING PARKING ON HERRIMAN DRIVE. MOTION PASSED 5-
0.
2G. MOTOR VEHICLE (MV) RESOLUTION PROHIBITING PARKING ON
UPPER HILL DRIVE
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: MV-246
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
PROHIBITING PARKING ON HERRIMAN DRIVE. MOTION PASSED 5-
0.
Minutes 4 October 19, 2005
PUBLIC HEARINGS
3. APPLICATION 06-080 FOR MILLS ACT AGREEMENT -14051
SARATOGA-SUNNYVALE ROAD
STAFF RECOMMENDATION:
Open public hearing, introduce and waive the first reading; direct staff to place the
ordinance on the consent calendar for the next meeting; adopt resolution; direct
City Manager to enter into a Mills Act Agreement.
RESOLUTION: 05-066
Shweta Bhatt, Assistant Planner, presented staff report.
Planner Bhatt highlighted that background of the Mills Act Program stating that in
March 2005 Council approved a resolution establishing the City's participation in
the program. Planner Bhatt noted that by Council policy only three Mills Act
contract could be approved in a single year. Planner Bhatt noted that in 1995 this
property was designated as a landmark by ordinance HP-22.
Planner Bhatt discussed the property located at 14051 Saratoga-Sunnyvale Road.
Planner Bhatt noted that the on September 13, 2005 the Heritage Preservation
Commission reviewed the property and recommended the property for Mills Act
consideration.
Mayor King opened the public hearing.
Teri Dahlbeck noted that she was the owner of the property and urged the Council
to approve the Mills Act Agreement for her house.
Mayor King closed the public hearing.
KLINE/STREIT MOVED TO INTRODUCE AND WAIVE THE FIRST
READING; DIRECT STAFF TO PLACE THE ORDINANCE ON THE
CONSENT CALENDAR FOR THE NEXT MEETING; ADOPT
RESOLUTION; DIRECT CITY MANAGER TO ENTER INTO A MILLS
ACT AGREEMENT. MOTION PASSED 5-0.
4 APPLICATION 06-092 FOR LANDMARK STATUS AND MILLS ACT
AGREEMENT -14288 CHESTER AVENUE
STAFF RECOMMENDATION:
Open public hearing, introduce and waive the first reading of ordinance; direct
staff to place the ordinance on the consent calendar for the next meeting; adopt
resolution; direct City Manager to enter into a Mills Act Agreement.
RESOLUTION: 05-065
Shweta Bhatt, Assistant Planner, presented staff report.
Minutes 5 October 19, 2005
Planner Bhatt stated that the property located at 14288 Chester Avenue is known
as Casa de Tesora. In order to apply for the Mills Act Program a structure must be
a City of Saratoga Historic Landmark.
Planner Bhatt noted that the on September 13, 2005 Heritage Preservation
Commission reviewed the property and recommended the property for Mills Act
consideration.
Mayor King opened the public hearing.
Susie Nagpal noted that she was the owner of the property and urged the Council
to approve the Mills Act Agreement for her house.
Mayor King closed the public hearing.
WALTONSMITH/KLINE MOVED TO INTRODUCE AND WAIVE THE
FIRST READING OF ORDINANCE; DIRECT STAFF TO PLACE THE
ORDINANCE ON THE CONSENT CALENDAR FOR THE NEXT
MEETING; ADOPT RESOLUTION; DIRECT CITY MANAGER TO
ENTER INTO A MILLS ACT AGREEMENT. MOTION PASSED 5-0.
5. APPLICATION 05-029 FOR GENERAL PLAN AMENDMENT AND
REZONING -14574 HORSESHOE COURT
STAFF RECOMMENDATION:
Open public hearing; adopt resolution amending the General Plan; adopt ordinance
rezoning the property as R-1-40, 000.
Deborah Ungo-McCormick, Contract Planner, presented staff report.
Planner McCormick highlighted that background of the project located at 14574
Horseshoe Court.
Planner McCormick stated that without the proposed redesignation and rezoning,
the rear portion of the site would be regulated by R-1-20,000 zoning district, while
the front portion of the site would be regulated by R-1-40,000 zoning district
standards. This is not a desirable situation as it leads to confusion regarding which
development standards apply, which in some cases can be less or more restrictive
in which zoning district.
Planner McCormick stated that the Planning Commission voted unanimously to
recommend approval of the proposed amendment and rezoning to the City
Counci .
Mayor King opened the public hearing.
Mayor King closed the public hearing.
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION AMENDING
THE GENERAL PLAN; ADOPT ORDINANCE REZONING THE
PROPERTY AS R-1-40, 000. MOTION PASSED 5-0.
Minutes 6 October 19, 2005
OLD BUSINESS
6. SARATOGA LIBRARY PROJECT CONSTRUCTION SUMMARY
REPORT
STAFF RECOMMENDATION:
Accept report and authorize expenditure of an additional $10,000 for tasks
identified in this report.
Lorie Tinfow, Assistant City Manager, presented staff report.
Assistant City Manager Tinfow briefly reported the following:
Total Library Bond Funds
• Voters approved $15 million dollar bond in March 2000
• Interest accumulated on bond funds $472,457
Construction Proj ect Budget Status
• Total construction cost $14,791,056
• Two incomplete tasks -Attorney's fees for August/September/October
2005- $300
• Installation of two catch basins near the driveway - $18,000
Library Commission Work List
• Library Commission recommended a list of unfinished work in 2003. The
list has been completed at a total cost of $59,058
Fund Summary
• Remaining balance of $604,016
• Construction ($14,791,056), remaining bond funds ($208,944), earned
interest (472,457), Library Commission work list budget ($59,085), and
estimated additional cost ($18,3 00)
Use of Remainin . Lg ibrary Funds & Capital Improvements
• Council assigned the responsibility to the Library Commission and staff to
prepare a capital improvement plan for the Saratoga Library
• Roof, HVAC, irrigation system, electrical system, exterior signage
weathers, automatic door, parking lot -total needed over 3 0 years
$363,200
Citizen Oversight Committee (COCA
As long as unspent bond funds continue to exist, the COC is required
Request for additional funds
$10,000-$6,000 to install a monument sign at the corner of Saratoga Avenue and
Fruitvale Avenue, plus $4,000 for other small miscellaneous tasks
Ruth Gipstein thanked Assistant City Manager Tinfow for all of her hard work for
the past 41/2 years. Mrs. Gipstein urged the Council to approved the additional
funds for the library sign at the corner of Saratoga Avenue and Fruitvale Avenue.
Minutes 7 October 19, 2005
KLINE/WALTONSMITH MOVED TO AUTHORIZE EXPENDITURE OF
AN ADDITIONAL X10,000 FOR TASKS IDENTIFIED IN THIS REPORT.
MOTION PASSED 3-2 WITH KAO AND STREIT OPPOSING.
7 ACTIVITY SUMMARY OF FACADE IMPROVEMENT PROGRAM
STAFF RECOMMENDATION:
Informational only.
Lorie Tinfow, Assistant City Manager, presented staff report.
Assistant City Manager Tinfow provided a brief background of the Facade
Program and noted that $50,000 was programmed in the capital improvement
program to provide a matching grant source of funds for up to $5,000 per
app scant.
Assistant City Manager Tinfow reported that the total awarded was $43,760.01 for
improvements such as new awnings, paint, deck work, gutter upgrades, new
signage, door replacement, and flower boxes.
Assistant City Manager Tinfow stated that the program was very successful in
improving the appearance of the Village.
Mayor King thanked Assistant City Manager Tinfow for her report.
NEW BUSINESS
8. ANNEXATION OF AN APPROXIMATELY 5,306 SQUARE FOOT
PORTION OF APN 510-06-006 LOCATED AT 19330 SARATOGA-LOS
GATOS ROAD. THE GROSS LOT SIZE OF THIS PARCEL IS
APPROXIMATELY 3 ACRES THE MAJORITY OF WHICH IS
LOCATED IN THE CITY OF SARATOGA
STAFF RECOMMENDATION:
Staff recommends the City Council approve the attached Resolution of Initiation
o Annexation.
Christy Oosterhous, Associate planner, presented staff report.
Planner Oosterhous explained that the applicant's property was located within both
the city of Saratoga and the County of Santa Clara. The total lot size is
approximately three acres of which 5,306 square feet are in the County. The
County is requesting that the small portion of the lot remaining in the County be
annexed to the City. The property owner is proposing to annex the portion of
County land into the City so that the entire parcel falls under the jurisdiction of the
City of Saratoga.
Planner Oosterhous noted that staff has determined that findings can be made to
support the Categorical Exemption of the proposed annexation of 5,306 square feet
into the City of Saratoga in that the annexation is for less than three single-family
Minutes 8 October 19, 2005
residences in an urbanized area. There is no subdivision potential and the property
to be annexed will be part of a conservation easement/open space area that will not
be developed.
STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION OF
INITIATION TO ANNEX THE PROPERTY LOCATED AT 19330
SARATOGA-LOS GATOS ROAD. MOTION PASSED 5-0.
9 CHANGES TO STAFF CLASSIFICATION AND SALARY SURVEY
POLICY
STAFF RECOMMENDATION:
Approve the attached list of staff positions with FTE changes, and establish a new
policy on conducting salary surveys and implementing new salary ranges
administratively every two years starting in 2005-06.
Lorie Tinfow, Assistant City Manager, presented staff report.
KLINE/WALTONSMITH MOVED TO APPROVE THE ATTACHED LIST
OF STAFF POSITIONS WITH FTE CHANGES, AND ESTABLISH A NEW
POLICY ON CONDUCTING SALARY SURVEYS AND IMPLEMENTING
NEW SALARY RANGES ADMINISTRATIVELY EVERY TWO YEARS
STARTING IN 2005-06. MOTION PASSED 5-0.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor King reported the following information:
Hakone Foundation Liaison - event on Sunday, October 23, 2005 form 2:00 p.m. - 5:00
p.m.
Santa Clara County Cities Association -Executive Director Gilliam Moran resigned.
Cities Association will be recruiting for that position.
West Valley Mayors and Managers Association -upcoming agenda item would be "Joint
Field Use"
Vice Mayor Kline reported that following information:
Library Joint Powers Association - JPA Finance Committee recommended funds for
wireless access in all Santa Clara County libraries.
Valley Transportation Authority - 2030 Plan is going forward.
Councilmember Streit had nor reportable information.
Councilmember Kao reported that following information:
Kevin Moran Ad Hoc Committee -first meeting was held on October 6, 2005 -the
meeting went extremely well. All stakeholders were present. Next meeting is scheduled
for October 20, 2005.
Councilmember Ann Waltonsmith reported the following information:
League of California Cities Annual Conference:
• California Recovery Act- Proposition 76
• Keynote Address -Richard Jackson, MD -Building Good Cities, Building Good
Health, Saving Lives, Dollars and Our Future"
Minutes 9 October 19, 2005
• Panel discussion "Lessons Learned and Things To Remember When Doing Local
Planning /Process For Emergencies"
• Federal Communications Act/Telecommunications Resolution
• Active CA -Making California "The Nation's Fittest State"
CITY COUNCIL ITEMS
Mayor King asked suggested a study session prior to the November 2, 2005 City Council
meeting to discuss Rotary's 50th Anniversary.
Vice Mayor Kline noted that he would support the Mayor's request.
nTHF,R
None
CITY MANAGER' S REPORT
None
ADJOURNMENT
There being no further business Mayor King adjourned the meeting 9:45 p.m.
Respectfully submitted,
Cathleen Boyer, CMC
City Clerk
Minutes 1 Q October 19, 2005