HomeMy WebLinkAbout03-19-2008 City Council MinutesMINUTES
SARATOGA CITY COUNCIL
MARCH 19, 2008
Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and
led the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Jill Hunter, Aileen Kao, Kathleen King,
Vice Mayor Chuck Page, Mayor Ann Waltonsmith
ABSENT: None
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Ann Sullivan, Acting City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Livingstone, Community Development Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
Crystal Morrow, Administrative Analyst
Shweta Bhatt, Associate Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2008
Ann Sullivan, Acting City Clerk, reported that pursuant to Government Code Section
54954.2, the agenda for the meeting of March 19, 2008, was properly posted on March
14, 2008.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Joyce Hlava, Chair of Planning Commission addressed the Council on the Joint Meeting
held prior to the Regular Meeting. The main topic of the Joint Meeting was the work
schedule for the Planning Commission for 2008/2009. Chair Hlava noted that because
their work schedule was already so full that they didn't think they could add any more to
it. Chair Hlava noted the Planning Commission would be quite busy doing the Housing
Element of the General Plan; and Council agreed.
They also discussed issues Councilmember Kathleen King raised regarding planning.
Members of the Planning Commission agreed to schedule a study session to address
those planning issues.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
The following people requested to speak at tonight's meeting:
Jim Stallman member of the Trails Sub-Committee to the Parks and Recreation
Commission updated the Council on the status of the Trail Conservation Project in the
Parker Ranch neighborhood. Mr. Stallman also noted working on the Trail Project was a
good way for students 14 to 18 years of age to achieve community service hours that may
be required by schools. Mr. Stallman noted students must fill out volunteer forms that
are made available at the trail project site or they can download the forms from the City's
website.
Citizen Ray commented on the removal of the dead/damaged pines on Highway 9; and
commented on the fact that the bicycle path is now open and has new signage.
Diane Drewke clarified her concerns regarding compliance with the Public
Records Act and with uniform Code Enforcement.
Priscilla Ho reported on an incident in which she was confronted by a sexual predator.
She provided advice that she had received from the Sheriff's Office about how best to
respond to such an incident; yell, run into a nearby store, ca11911.
ORAL COMMUNICATIONS -COUNCIL DIRECTION TO STAFF
Instruction to Staff regarding actions on current Oral Communications.
Councilmember Kathleen King requested staff call Fred Andrade to inform him the pines
have been removed.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
COUNCIL DIRECTION TO STAFF
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
Vice Mayor Chuck Page -stated he had some comments regarding garbage and recycling
diversion rates -based on the amount of recycling. Each year an analysis is done on the
diversion of waste from landfills and for the first time in recent history, the four cities
that are in the West Valley Sanitation District (Campbell, Los Gatos, Monte Sereno and
Saratoga) were all above 50%; which is a state requirement under AB939. Page noted
that Saratoga came in with a landfill diversion rate of 68%.
Page also noted the Chamber of Commerce is having a Business Expo on April 3rd from
4:00 to 7:OOpm at West Valley College.
Mayor Ann Waltonsmith noted Councilmembers are attempting to go as paperless as
possible at council meetings.
CEREMONIAL ITEMS
1. PROCLAMATIONS RECOGNIZING THE HOUSE FAMILY FOUNDATION
AND THE SARATOGA-MONTE SERENO COMMUNITY FOUNDATION
FOR THEIR SUPPORT OF THE NORTH CAMPUS
Mayor Waltonsmith read and presented the proclamation to Dave House representing
the House Family Foundation. Mayor Waltonsmith also read and presented the
proclamation to Tracey Enfantino representing the Saratoga-Monte Sereno
Community Foundation.
Councilmember Jill Hunter noted that the Community Foundation also donated
$4,500 towards the banners that were placed in the Village.
2. APPOINTMENT OF HERITAGE PRESERVATION COMMISSION AND
OATH OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing one member to the Heritage Preservation
Commission and direct the City Clerk to administer the Oath of Office
RESOLUTION: 08-015
KAO/PAGE MOVED TO APPROVE APPOINTMENT OF JAMES SORDEN
TO THE HERITAGE PRESERVATION COMMISSION.
MOTION PASSSED 5-0.
Ann Sullivan, Acting City Clerk, administered the Oath of Office to James Sorden.
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3. CITY COUNCIL MINUTES -MARCH 5, 2008
STAFF RECOMMENDATION:
Approve minutes.
Vice Mayor Page removed this item for discussion. Councilmember Page explained
he had provided the Acting City Clerk with a typo in the minutes.
PAGE/KAO MOVED TO APPROVE CITY COUNCIL MINUTES OF MARCH
5, 2008 AS AMENDED. MOTION PASSED 5 - 0
4. REVIEW OF ACCOUNTS PAYABLE REGISTERS
STAFF RECOMMENDATION:
That the City Council accepts the Check Registers for the following Accounts
Payable cycles:
February 28, 2008
March 6, 2008
KING/PAGE MOVED TO ACCEPT CHECK REGISTERS FOR FEBRUARY
28, 2008 AND MARCH 6, 2008. MOTION PASSED 5 -0
5. AUTHORIZATION TO PURCHASE TWO CHEVROLET SILVERADOS
AND TWO CHEVROLET COLORADOS IN THE AMOUNT OF $84,250 AND
DECLARATION OF SURPLUS PROPERTIES AND AUTHORIZATION OF
DISPOSAL
STAFF RECOMMENDATION:
1. Move to authorize the purchase of two 2008 Chevrolet Silverados (one 1500 Model
and one 3500 Model) and two 2008 Chevrolet Colorados from Courtesy Chevrolet
(Morgan Hill) in the amount of $84,250
2. Move to declare the following vehicles as surplus and authorize their disposal
•1992 GMC 3500 1-ton--vehicle # 81
• 1995 GMC Sonoma--vehicle # 84
• 1996 GMC Sonoma--vehicle # 91
Councilmember Hunter removed this item for discussion. Item approved after
discussion about availability/feasibility/desirability of purchasing hybrids.
HUNTER/KING MOVED TO AUTHORIZE THE PURCHASE OF TWO 2008
CHEVROLET SILVERADOS (ONE 1500 MODEL AND ONE 3500 MODEL)
AND TWO 2008 CHEVROLET COLORADOS FROM COURTESY
CHEVROLET (MORGAN HILL) IN THE AMOUNT OF $84,250. MOTION
PASSED 5 - 0.
6. CITY OF SARATOGA PERSONNEL RULES AND POLICIES -
PART II OF II
STAFF RECOMMENDATION:
Adopt the resolution approving the City of Saratoga Personnel Rules and Policies -
PartIIofII.
RESOLUTION: 08-017
KING/PAGE MOVED TO ADOPT RESOLUTION APPROVING THE CITY
OF SARATOGA PERSONNEL RULES AND POLICIES -PART II OF II.
MOTION PASSED 5 - 0.
7. 2006 PAVEMENT MAINTENANCE PROGRAM -NOTICE OF
COMPLETION
STAFF RECOMMENDATION:
Move to accept the 2006 Pavement Maintenance Program as complete and authorize
staff to record the Notice of Completion for the construction contract
KING/PAGE MOVED TO ACCEPT THE 2006 PAVEMENT MAINTENANCE
PROGRAM AS COMPLETE AND AUTHORIZE STAFF TO RECORD THE
NOTICE OF COMPLETION FOR THE CONSTRUCTION CONTRACT.
MOTION PASSED 5 - 0.
8. RESOLUTION SUPPORTING EXTENDED PRODUCER RESPONSIBILITY
STAFF RECOMMENDATION:
Adopt resolution supporting Extended Producer Responsibility.
RESOLUTION: 08-020
KING/PAGE MOVED TO ADOPT RESOLUTION SUPPORTING EXTENDED
PRODUCER RESPONSIBILITY. MOTION PASSED 5 - 0.
9. AMENDMENT TO THE INDEPENDENT CONTRACTOR AGREEMENT
FOR METROPOLITAN PLANNING GROUP - FY 07/08
STAFF RECOMMENDATION:
Authorize the City Manager to execute the agreement to increase by $18,000 the
contract amount with Metropolitan Planning Group (MPG) for planning and
development services.
Councilmember Kao removed this item for discussion. Item approved after
clarification about why the amendment was needed (additional hours of service had
been required of MPG during the year due to staff vacancies; additional funds were
needed to provide ongoing services through the end of the Fiscal Year).
KAO/KING MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE
THE AGREEMENT TO INCREASE BY $18.000 THE CONTRACT AMOUNT
WITH METROPOLITAN PLANNING GROUP FOR PLANNING AND
DEVELOPMENT SERVICES. MOTION PASSED 5 - 0.
10. RESOLUTION CONCERNING GREEN BUILDING POLICIES
STAFF RECOMMENDATION:
Adopt the attached resolution:
1. Formally recognizing Leadership in Energy and Environmental Design (LEED)
and Build It Green's GreenPoint Rated systems as official City of Saratoga green
building reference documents for informational and educational purposes;
2. Directing the City's Community Development Department to provide LEED
and/or GreenPoint Rated system checklists to building permit applicants, and to
require the completion and submittal of the appropriate checklist (based upon project
type and scope) as part of the planning application. The LEED and/or GreenPoint
Rated checklist is for informational purposes only and will not be utilized by the
Planning Commission in support of its findings; and
3. Establishing a standard of LEED Silver certification or better for all City-owned
new construction and renovation projects over five thousand (5,000) square feet.
RESOLUTION: 08-019
KING/PAGE MOVED TO ADOPT RESOLUTION
(1.)FORMALLY RECOGNIZING LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) AND BUILD IT GREEN'S
GREENPOINT RATED SYSTEMS AS OFFICIAL CITY OF SARATOGA
GREEN BUILDING REFERENCE DOCUMENTS FOR INFORMATIONAL
AND EDUCATIONAL PURPOSES;
(2.) DIRECTING THE CITY'S COMMUNITY DEVELOPMENT
DEPARTMENT TO PROVIDE LEED AND/OR GREENPOINT RATED
SYSTEM CHECKLISTS TO BUILDING PERMIT APPLICANTS, AND TO
REQUIRE THE COMPLETION AND SUBMITTAL OF THE APPROPRIATE
CHECKLIST (BASED UPON PROJECT TYPE AND SCOPE) AS PART OF
THE PLANNING APPLICATION. THE LEED AND/OR GREENPOINT
RATED CHECKLIST IS FOR INFORMATIONAL PURPOSES ONLY AND
WILL NOT BE UTILIZED BY THE PLANNING COMMISSION IN
SUPPORT OF ITS FINDINGS; AND
(3.) ESTABLISHING A STANDARD OF LEED SILVER CERTIFICATION
OR BETTER FOR ALL CITY-OWNED NEW CONSTRUCTION AND
RENOVATION PROJECTS OVER FIVE THOUSAND (5,000) SQUARE
FEET. MOTION PASSED 5 - 0.
11. COUNCIL CONTINGENCY FUNDS
STAFF RECOMMENDATION:
Approve budget adjustment to appropriate additional Council Contingency funding
and adopt Resolution of the City Council of the City of Saratoga amending the annual
budget for fiscal year 2007/08 to provide additional council contingency funding.
RESOLUTION: 08-011
Councilmember Kao removed this item for discussion. Item approved after
discussion about the need to anticipate ongoing expenditures in the annual budget
rather than using council contingency funds to pay for them.
KAO/PAGE MOVED TO ADOPT RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA AMENDING THE ANNUAL BUDGET FOR
FISCAL YEAR 2007/08 TO PROVIDE ADDITIONAL COUNCIL
CONTINGENCY FUNDING. MOTION PASSED 5 - 0.
12. AGREEMENT TO PROVIDE ANNUAL AUDIT SERVICES
STAFF RECOMMENDATION:
Authorize City Manager to enter into an agreement for professional auditing services
with Vavrinek, Trine, Day & Co., CPAs
Councilmember Kao removed this item for discussion. Item approved after
clarification about why the Auditors' proposal for multi-year services included
different amounts from year to year.
KAO/HUNTER MOVED TO AUTHORIZE CITY MANAGER TO ENTER
INTO AN AGREEMENT FOR PROFESSIONAL AUDITING SERVICES
WITH VAVRINEK, TRINE, DAY & CO., CPA'S. MOTION PASSED 5 - 0.
PUBLIC HEARINGS
Applicants/Appellants and their representatives have a total of ten minutes maximum for
opening statements. Members of the public may comment on any item for up to three
minutes. Applicant/Appellants and their representatives have a total of five minutes
maximum for closing statements. Items requested for continuance are subject to
Council's approval at the Council meeting.
13. FY 2008/09 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDING
STAFF RECOMMENDATION:
1. Conduct the Public Hearing.
2. Adopt the attached Resolution (Attachment B) authorizing the Community
Development Department to submit funding allocations to Santa Clara County for
CDBG proposals totaling $133,214.
RESOLUTION: 08-018
Associate Planner Shweta Bhatt presented the staff report and noted the City had
received six applications for CDBG funding three for public service projects and
three for non-public service projects. The public service projects are: the Saratoga
Araea Senior Coordinating Council (SASCC), West Valley Community Services, and
Catholic Charities of San Jose. Total amount of money requested is $54,164,
exceeding the amount available by $21,432 dollars. SASCC requested $34,000 in
support of the Adult Day Care Center; West Valley Community Services requested
$15,164 for food pantry and emergency services; and Catholic Charities of San Jose
requested $5,000 in support of their Long Term Ombudsman Program.
Non-public service projects: City of Saratoga Public Works Department requested
$55,600 funding in support of Disabled Accessible Signal Program; the City of
Saratoga Recreation Department requested $12,943 funding to install a disabled
accessible ramp at the Historic Museum; and a request for funding to install disabled
accessible seating in the Civic Theater. Funds previously allocated to a storage
project unit have since been deemed ineligible and have been recommended to be
transferred to fund this project. Total amount to be transferred would be $6,225.
Mayor Waltonsmith opened the public hearing and invited comments.
The following people requested to speak on this item:
Megan Wadkins representing Catholic Charities spoke in support of funding for the
Long Term Ombudsman program.
Naomi Nakano-Matsamoto spoke in support of funding for West Valley Community
Services food pantry program.
Kim Ferm spoke in support of West Valley Community Services emergency
assistance program.
Victoria Yang stated she works for West Valley Community Services and noted all
the great services provided to the community by West Valley Community Services.
Cathy Morris spoke as a recipient of the services provided by West Valley
Community Services and noted that because of the services provided to her she was
able to get food assistance, which helped her get through a difficult time.
Bradley Enright spoke as a recipient of West Valley Community Services and was
very thankful for the services he received.
Susan Huff, Director of SASCC, spoke about the services provided by SASCC and
the need to improve the quality of life for senior citizens. Ms. Huff went on to explain
the need for the requested funding, and noted that SASSC's Adult Care Center
currently serves 11 Saratoga residents (35% of the membership).
Chuck Schoppe, President of the Saratoga Historical Foundation spoke on behalf of
the requested funding for the disabled accessible ramp to the Historic Museum.
Heather Venable spoke on behalf of West Valley Community Services and the
assistance she received from them.
Mayor Waltonsmith closed the public hearing.
After lengthy discussion, the Council decided to:
Fully fund the "public services" requests from three applicants by using Council
Contingency Funds of $21,432 to pay for the shortfall in CDBG funds.
Fund the "non-public services" requests -accessible signal program, disabled
accessible ramp at Museum with remaining funds to be used as contingency, and
fund disabled accessible seating in the Civic Theater from a prior project deemed
ineligible for CDBG funding.
KING/PAGE MOVED TO ADOPT RESOLUTION AUTHORIZING THE
COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT FUNDING
ALLOCTIONS TO SANTA CLARA COUNTY FOR CDBG PROPOSALS
TOTALING $133,214. MOTION PASSED 4 - 1 WITH COUNCILMEMBER
KAO OPPOSING.
COUNCIL'S DIRECTION TO STAFF:
Include the following in the application form for next year:
• Any matching funds that the agency has obtained (particularly from other
neighboring jurisdictions)
• Total number and percentage of Saratogans served by agency's programs.
Mayor Waltonsmith declared a break at 9:10 p.m.
Mayor Waltonsmith reconvened the meeting at 9:15 p.m.
14. PUBLIC HEARING AND ADOPTION OF (1) ORDINANCE ADOPTING AND
AMENDING THE 2007 EDITIONS OF THE CALIFORNIA BUILDING,
PLUMBING, MECHANICAL, ELECTRICAL AND FIRE CODES;
ADOPTING A NEW EXCAVATION AND GRADING CODE; ADOPTING A
NEW REPAIR AND RECONSTRUCTION CODE AND (2) RESOLUTION
REGARDING THE NEED TO MODIFY THE CALIFORNIA BUILDING
CODE DUE TO LOCAL CONDITIONS
STAFF RECOMMENDATION:
(1) Conduct a public hearing concerning the attached ordinance and resolution
introduced at the City Council meeting of February 20, 2008;
(2) Adopt the ordinance Adopting and Amending the 2007 editions of the California
Building, Plumbing, Mechanical, Electrical and Fire Codes; adopting a new
Excavation and Grading Code; adopting a new Repair and Reconstruction Code;
(3) Adopt the resolution regarding the need to modify the California Building Code
due to local conditions.
ORDINANCE: 256
RESOLUTION: 08-016
City Attorney Richard Taylor presented the staff report.
Mayor Waltonsmith opened the public hearing and invited comments.
Priscilla Ho asked if the proposed changes to the building code related to a
requirement to install sprinklers included garages.
After council discussion Mayor Waltonsmith closed the public hearing.
HUNTER/KING MOVED TO (1) ADOPT THE ORDINANCE ADOPTING AND
AMENDING THE 2007 EDITIONS OF THE CALIFORNIA BUILDING,
PLUMBING, MECHANICAL, ELECTRICAL, AND FIRE CODES;
ADOPTING A NEW EXCAVATION AND GRADING CODE; ADOPTING A
NEW REPAIR AND RECONSTRUCTION CODE. MOTION PASSED 5 - 0.
HUNTER/KING MOVED TO ~ ADOPT THE RESOLUTION REGARDING
THE NEED TO MODIFY THE CALIFORNIA BUILDING CODE DUE TO
LOCAL CONDITIONS. MOTION PASSED 5 - 0.
OLD BUSINESS
None
NEW BUSINESS
15.2008 SPRING ISSUE OF THE SARATOGAN
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Council provided input about the format "look", topic ideas and gave direction to
staff for future Saratogan issues.
16. ADVANCE PLANNING FEES
STAFF RECOMMENDATION:
Direct Staff Accordingly.
John Livingstone, Director of Community Development presented the staff report.
Item was initially tabled for clarification of financial information. Following Council
discussion the item was approved to be included in the fee schedule and brought back
to Council for approval.
17. REVIEW OF ROAD MAINTENANCE FEE STUDY
STAFF RECOMMENDATION:
Accept report and provide direction to staff.
John Cherbone, Director of Public Works presented the staff report.
Mayor Waltonsmith opened the public hearing and invited public comment.
Mayor Waltonsmith closed the public hearing.
Following council discussion the item was approved to be included in the fee
schedule and brought back to Council for approval.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Ann Waltonsmith -noted the West Valley Mayors and Managers would be
meeting next Wednesday.
SASCC -noted the next meeting is Tuesday, March 25.
Hakone Foundation -noted she attended a Special Meeting on Tuesday, which was well
attended by the public.
Comprehensive County Expressway Planning Study Advisory Board (PAB) -noted the
next meeting is scheduled for May.
Vice Mayor Chuck Page -noted he met with the Chamber of Commerce and stated they
are moving forward with plans for Taste of Saratoga in September.
West Valley Sanitation District -noted the District met and there is a lot of focus on the
Waste Water Treatment Plant; they are starting a new project in Monte Sereno upgrading
old sewer lines to new sewer lines and are also upgrading sewer lines in Saratoga.
Councilmember Kathleen Kind -noted she attended the annual Santa Clara County
Cities Association dinner/meeting.
Valley Transportation Authority PAC - noted a recommendation on a potentially new
division of cities and voting. King requested staff contact VTA and have a representative
attend the Apri12, 2008 council meeting and make a presentation regarding VTA's
"regional approach".
City Schools Adhoc -noted they are trying to schedule a meeting to discuss Pop Warner
and the noise issue.
Councilmember King requested changes be made to Council Assignments regarding
Prospect Road and TEA Committee. (This change will be agendized on the April 2, 2008
Council meeting)
Councilmember Jill Hunter -noted she met with the Historic Foundation and they are
continuing to increase their membership and are sending out letters asking people to
support their organization.
KSAR -noted she attended the last meeting and they are in the process of interviewing
station manager candidates and are deciding whether or not to have an Advisory
Committee.
Councilmember Aileen Kao -noted the City School Adhoc would be meeting with the
Saratoga High School principal on Friday, March 21, 2008.
Santa Clara County Cities Association -noted she attended the dinner meeting last week
and stated the association will be focusing on three items: Greening Policy, Solar Panel
Permits, and Affordable Housing.
CITY COUNCIL ITEMS
Councilmember Hunter noted the City would be planting a tree (donated by Rotary) at El
Quito Park on April 14, 2008 in recognition of Arbor Day.
Councilmember King requested the City Garage Sale be placed on the Agenda Planner.
OTHER
None
CITY MANAGER'S REPORT
City Manager Dave Anderson reported that he would be on vacation and traveling out of
state the following week, and noted Assistant City Manager Barbara Powell would be
Acting City Manager during his absence. Anderson also noted the Mayor had approved
his vacation request prior to the council meeting.
Anderson also noted the Hakone meeting that took place earlier in the week was a sub-
committee of the Board chaired by former Mayor Norm Kline. Anderson reported the
Architect, who has been working for Hakone for 30 years, made a presentation on the
design of a visitor's center for Hakone and gave the Committee three alternate locations
for the building: Site 1) At the present site of the existing bathroom; 2) Site of the present
office building; 3) At top of the parking lot near the bamboo grove. Most everyone
agreed the visitor's center should be located near the bamboo grove.
ADJOURNMENT
PAGE/KAO MOVED TO ADJOURN THE MEETING. MOTION PASSED 5-0.
There being no further business Mayor Waltonsmith adjourned the regular meeting at
10:50PM.
Respectfully submitted,
ullivan, CMC
Acting City Clerk