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HomeMy WebLinkAbout01-19-2000 City Council Minutes• NIINUTES SARATOGA CITY COUNCIL TIlViE: Wednesday, January 19, 2000 - 6:30 p.m. PLACE: CI sin - A minis iv Confe n Room 13777 Fruitvale Avenue; TYPE: Regular Meeting OPEN SESSION - 6:30 p.m. in the Administrative Conference Room ADJOURN TO CLOSED SESSION 1. CLOSED SESSION A. Conference with Legal Counsel - Ezisting Litigation pursuant to Government Code section 54956.9(a) -Name of Cases: City of Saratoga v. TCI of Cleveland, Santa Clara County Superior. • MAYOR'S REPORT ON CLOSED SESSION -Mayor Bogosian declared there was no reportable action taken. REGULAR MEETING/CALL TO ORDER - Mayor Bogosian called the meeting to order at 7:04 p.m. in the Adult Care Center at 19655 Allendale Avenue. PLEDGE OF ALLEGIANCE -Led by Vice Mayor Mehaffey ROLL CALL - Councilmembers Waltonsmith, Streit, Vice Mayor Mehaffey, Mayor Bogosian were present. Councilmember Baker was absent. Staffpresent: City Manager Perlin, City Attorney Taylor, City Clerk Ramos, Director of Administrative Services Walker, Director of Community Development Walgren, Acting Director of Public Works Cherbone, Recreation Director Pisani and Administrative Analyst Bloomquist. 2. CEREMONIAL ITEMS A. Presentation of Distinguished Budget Presentation Award and Certificate of Achievement for Ezcellence in Financial Reporting by Government Finance Officers Association (GFOA). Tim Hanson, Finance Director of the City of San Leandro presented the awards to Director of Administrative Services Walker and City Manager Perlin. Mayor Bogosian commended staff for their • efforts. REPORT OF CITY CLERK ON POSTING OF AGENDA -The City Clerk reported that pursuant to Governmenrt Code 54954.2, the agenda for this meeting was properly posted on January 14, 2000. 3. COMMUNICATIONS FROM CONIIVIISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items -None B. Communications from Boards and Commissions Nomination of Ann Margo Mendeke and Phylis Davis to the Hakone Foundation Board of Trustees. • Approve appointment of Nominees. City Manager Perlin presented the staff report. Pe®e lof8 City Council Minutes January 19, 2000 STRETT/WALTONSMITH MOVED TO APPROVE THE APPOINTMENT OF THE . NONIINEES. MOTION PASSED 4-0. 2. Recommendation from the Parks and Recreation Commission to support a new Aquatic Center at Saratoga High School. Rernmmcynrlatinn• Approve a $150,000 contribution to support construction of a new Aquatic Center at Saratoga High School. City Manager Perlin presented the staff report and deferred additional comments to Kevin Skelly, Principal at Saratoga High School, and Judy Alberts, Chairperson of the Parks and Recreation Commission. Judy Alberts, Chairperson, Parks and Recreation Commission, reported that the Commission, at their last meeting, voted to recommend using $150,000 from the General Fund to the sinking fund. The Commission did not have any discussions to use the Park Development Fund; therefore the Commission cannot comment or make any recommendations to use the Park Development Fund at this time. However, because the fees from the Recreation Department that are used for rentals go into the General Fund, it is felt that this is the proper place for these fees to come out to support the pool. It is a sinking fund, and will be refurbished over the ten years of rentals. Because of the support and cooperation received from the High School for the use of their facilities over the years, the Commission felt very strongly that this amount should be appropriated to the High School from the General Fund urto a sinking fund. commented that the • school community is asking for a no-urterest loan from the City to build a swimming pool by July 2000. The benefits of this investment to the City are a commitment from the school to continue to work with the City to meet the recreational needs of the City. The City's Recreation Department, AYSO, Little League and other community activities use the school facility. The School District passed a budget to build the pool and believed that the District had the financial resources to build this pool at that time, however, after the bidding process, the total cost was higher than anticipated and even after a strong fund raising campaign in the last few months to compensate for this lack of funds, the school is still short of $150,000. Discussion ensued regarding the City agreements with Saratoga High School for use of their facilities. City Manager Perlin clarified that the agreement with the High School for this pool funding will extend beyond the time that Congress Springs Park is being renovated and well into the future. Assuming that Congress Springs Park is renovated within the next two years, this pool funding agreement would extend well beyond that two-year period. Councilmember Streit asked the audience for a show of hands in support of this pool funding. A large majority of the audience expressed support. Following discussion, City Manager Perlin provided some alternatives on how this amount could be • replenished or returned to the City, if that is the intent of the Council. Councilmember Streit felt that the bottom line should be that the City would get their money back over the next ten years. So in essence the City is merely prepaying the rental use of the school's facilities for its recreational programs. Mayor Bogosian commented he would like the City to complete the execution of the agreement with the High School before the budget is amended for this fiinding. Director Pisani concurred. City Manager Perlin explained that the item is on the agenda tonight to ascertain the Council's position. Mayor Bogosian asked the pleasure of the Council. Councilmembers Streit, Waltonsmith and Vice Mayor Mehaffey expressed support. Mayor Bogosian also expressed support of the funding to come from the General Funds, as recommended by the Parks and Recreation Commission. He added he would like to review the Page 2 of 8 City Council Minutes January 19, 2000 agreement before the budget amendment is brought back to the Council. STRETT/WALTONSMTTH MOVED TO APPROVE A $150,000 CONTRIBUTION, TO BE APPROPRIATID FROM THE GENERAL FUND, TO SUPPORT CONSTRUCTION OF A NEW AQUATIC CENTER AT SARATOGA HIGH SCHOOL PENDING DEVELOPMENT AND EXECUTION OF AN AGE BETWEEN THE CITY AND THE SARATOGA HIGH SCHOOL. MOTION PASSID 4-0. 5. PUBLIC HEARINGS - 7:30 p.m. A. Reconsideration of City Council's decision to overturn the Planning Commission approval of applications SD 99-005, UP 99-018, DR 99-037 (12312 Saratoga- Sunnyvale Road, Applicant: Azule Crossing, Inc., considered by City Council on December 15,1999. Reconsideration granted on January 5, 2000. RPC~nmmpndntinn~ Continue the hearing to February 2, 2000 as requested by the applicant. City Manager Perlin presented the staff report. Mayor Bogosian opened the public hearing at 7:40 p.m. . jack M~. a~ 12258 Kirkdale Drive, e~ressed his concern about excess housing and two-story setback away from the road, which is uncharacteristic of the City, and expressed support for more space. TP~7P!V wAlkPr, 2045 ~ ~PA~I ll~ ~A ~ reiterated that he would like to see the process of having neighborhood involvement in any redesigq consideration of second story, redistribution of the retaiUcommercial versus residential for this project continue, and requested the Council consider returning it back to the Planning Commission for additional study and neighborhood participation. TnAnn ('.nuche ~~~~ on the tradeoffs of keeping the property commercially coned and dealing with the increased traffic that comes with enhanced commercial districts, or allowing higher density or lower cost housing. She expressed concern that the Council denied the project without an alternative proposal that would meet the needs of the entire community. MEHAFFEY/WALTONSMTTH MOVED TO CONTINUE THE HEARING TO FEBRUARY 2, 2000, AS REQUESTID BY THE APPLICANTS. MOTION PASSID 4-0. B. Appeal of Planning Commission approval of DR 97-061, a design review to construct a new 6,461 square foot two-story residence on a vacant 2.75-acre bt. The properly is located within a hillside residential zoning district at 14805 Masson Court. (Appellant: Kwong, Park and Sze; Applicant: Mr. & Mrs. Liu, • APN 503-72-014~ • Continue the public hearing to Febniary 2, 2000, as requested by the appellants. City Manager Perlin presented the staff report. Councilmember Streit requested staffto stake out road, lot and set poles incorrect locations before the Council's site visit. Director Walgren concurred. Mayor Bogosian opened the public hearing at 7:52 p.m. There were no public testimonies at this time. STRETT/WALTONSMTTH MOVED TO CONTINUE THE HEARING TO FEBRUARY 2, 2000, AS REQUESTED BY THE APPELLANTS. MOTION PASSED 4-0. C. Use of Citizen's Option for Public Safety (COPS) funding in fiscal year 99-x. RPCnmmpn~iatinn~ Approve the recommended allocation of funds. City Manager Perlin preserned the staff report. Page 3 of 8 City Council Minutes January 19, 2000 In response to Councilmember Streit, City Manager Perlin replied that the funding for the seventh camera in the patrol vehicle was provided through a program with ABAG and the work has been completed. In response to Vice Mayor Mehaffey, City Manager Perlin explained how the program funds are allocated for the Public Safety Officer. Mayor Bogosian opened the public hearing at 7:58 p.m. There being no public testimonies, closed the public hearing at 7:59 p.m. 1~~HAFFEY/STREIT MOVED TO APPROVE THE REC011~iMENDED ALLOCATION OF FUNDS. MOTION PASSED 4-0. Mayor Bogosian added that the addition of an evening motor patrol is worthwhile in Saratoga for the safety of the citizens. C. Written Communications 1. Letter from Saratoga Lions requesting City co-sponsorship for July 4'~, 2000 Hometown Celebration. • Move to co-sponsor the event. • City Manager Perlin presented the staff report and deferred additional comments to Marlene Dufiin. Ms. Duffin, on behalf of the Lions Club, provided additional information about the upcoming event. She added comments about the George Washington Bicentennial community activities that took place last December and the application process to become a Millennium City, of which information was provided to her by the City Manager. In response to Vice Mayor Mehaffey, City Attorney Taylor replied that because the City is co- sponsoring the event, the City would be sharing the liability with the Lions Club. STREIT/1v1EHAFFEY MOVID TO APPROVE THE REQUEST TO CO-SPONSOR THE JULY 4m HOMETOWN CELEBRATION. MOTION PASSED 4-0. 4. CONSENT CALENDAR A. Previously Discussed Items -None B. New Items Councilmember Streit requested to pull item B.4 for discussion; City Manager Perlin requested to pull item 4B.3 for new information received. • 1. Planning Commission actions of January 12, 2000. Rernmmenrl.~tinn• Note and file. 2. Approval of Check Register • Note and file MEHAFFEY/WALTONSMTTH MOVED TO APPROVE CONSENT CALENDAR ITEMS 4B.1 and 4B.2. MOTION PASSID 4-0. 3. Memo authorizing publicity for February 2, 2000 Public Hearing item: Huang appeal of Planning Commission denial of F-99-003, 13870 Pike Road, Applicant: Huang (Continued September 1, 1999). No additional noticing is required by law. City Manager Perlin announced that information was received from the Planning Department that the Huang's would be submitting a letter requesting to withdraw their appeal. Page 4 of 8 City Council Minutes January 19, 2000 • Councilmember Streit commented he received a phone message indicating their intent to withdraw. STRETT/IvJEHAFFEY MOVED TO APPROVE CONSENT CALENDAR ITEM 4B.2. MOTION PASSID 4-0. 4. Park Restroom Improvements and Disabled Accessibility Ramp -Award of Construction Contract. Rernmmendatinn• 1. Move to declare Jens Hansen Company, Inc. of San Carlos to be the lowest responsible bidder on the project; 2. Move to award a Construction Contract to Jens Hansen Comparry, Inc. in the amount of $158, 661; 3. Move to authorize staff to execute change orders to the contract up to $16,000. Councilmember Streit expressed concern that the lowest bid was significantly lower that the Engineer's estimate and the other bids, and asked staff about the contractor's background. Acting Public Works Director Cherbone replied that background checks were conducted and cleared. STREIT/1VIEHAFFEY MOVID TO APPROVED CONSENT CALENDAR ITEM 4B.4. MOTION PASSID 4-0. • C. Claims Against the City -None 6. OLD BUSINESS -None 7. NEW BUSINESS A. Annual Review of the City Investment Policy. RprnmmendAtinn~ Approve the Investment Policy as recommended. Director Walker presented the staff report. In response to Councilmember Waltonsmith, Director Walker replied that the language removed under Section 6 was removed due to its redundancy. Discussion ensued regarding investment procedures. STREIT/MEHAFFEY MOVED TO APPROVE THE INVESTMENT POLICY AS RECOMMENDED. MOTION PASSED 4-0. B. Response to Independent Auditor's Memorandum on Internal Control Structure for the Fiscal Year ended June 30,1999. • RrcnmmendAtinn~ Accept and file the report, and direct staff to implement recommended procedures. Director Walker presented the staff report. In response to questions from the Council, Director Walker replied that the auditor's comments outlined in the report are their recommendations and should not carry any legal ramifications. She added that this document is not forwarded to a rating agency. Councilmember Streit clarified the comments in this report reflect their opinion and recommendations on how staff and the City can improve their business operations. The budget and financial reporting awards presented earlier show that staff is doing an exemplary job in the financial operations of the City. STREIT/MEHAFFEY MOVED TO ACCEPT AND FILE THE REPORT AND DIRECT STAFF TO IlVIPLEMENT RECONIlI~NDED PROCEDURES. MOTION PASSED 4-0 Pam S of 8 City Council Minutes January 19, 2000 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. • None. 9. APPROVAL OF MINUTES (Note: City Attorney may be excused at this poitrt if no longer needed.) A. Regular meeting of January 5, 2000 RprnmmpndAtinn~ Approve minutes. Mayor Bogosian amended the minutes as follows: 1) Page 5, under comments made by Mr. Paboojan: Reflect additional language to about his request that the proposed trails map of Saratoga's Trails Master Plan be included in the City's response to the County; 2) Page 6, item lOB, Other, under Councilmember Baker's commens regarding the time it has taken to get notification to the property owners... Reflect additional language that Councilmember Baker and he noted that this matter had been brought to the City Council on previous occasions. WALTONS Y MOVID TO APPROVE THE MINUTES AS AMENDID. MOTION PASSID 4-0. 10. CITY COUNCIL ITEMS . A. Agenda items for the neat adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the adjourned regular meeting of January 25, 2000. 1. Mid-year evaluation of City Attorney. 2. Nfid-year evaluation of City Manager. 3. Joint Meeting with Planning Commission: a. Presentation on Housing Element Update and ABAG's Regional Housing Needs Determination Allocations. b. Extension of Measure G to commercial zoning districts. c. Status report on Circulation Element Update. d. Status report on Fencing Ordinance revisions. 4. Proposed policy on appeal continuances. 5. Mid-Year Budget adjustments. 6. Status report on Saratoga Creek litigation settlement activities. No changes were made. There was consensus to begin the meeting at 5:00 pending closed session items. B. Other • 1. Appointment of Council representative to serve on the Hakone Foundation Strategic Planning Task Force (Requested by Mayor Bogosian). Mayor Bogosian provided some background about this appointment, stating it is anon-voting role. In response, City Attorney Taylor replied that anon-voting ex-officio member to receive and disseminate information to fellow members should not create any conflict problems. 1~~HAFFEY/STREIT MOVID TO APPROVE THE APPOINTMENT OF MAYOR BOGOSIAN TO SERVE ON THE HAKONE FOUNDATION STRATEGIC PLANNING TASK FORCE AS A NON VOTING EX-OFFICIO MEMBER MOTION PASSED 4-0. Councilmember Waltonsmith commented on the following: She received a complaint from Mr. McLellan regarding speeding motorists on Vickery Road. City Manager Perlin suggested she put Ms. McLellan in contact with Chris Korn, Pa®e 6 of 8 City Council Minutes January 19, 2000 Administrative Analyst and staff liaison for the Public Safety Commission • Mayor Bogosian commented that item was discussed at a Public Saf Commission m and the ~y ~8 Commission decided to conduct traffic studies in that area. He requested for a status report from staff regarding this matter. Informed the Council that at the VTA PAC's meeting, there was discussion regarding the City being number 4 of 17 to receive funding approval for six traffic signals on Saratoga-Sunnyvale Road. She also commented about a verbal announcemern she received from Michael Evanhce regarding the deadline of January 31, 2000 to submit new projects for the Valley Transportation Plan (VTP) 2020. Discussion ensued. City Manager Perlin felt there have not been enough discussions about proposed projects to warrant submitting an application to VTA for the VTP 2020. Mayor Bogosian suggested staff confirm the submittal deadline from VTA City Manager Perlin explained that VTP 2020 is updated every two years, and it's atwenty-year plan, which should give an idea on how long it would take to get these projects funded. Councilmember Waltonsmith said that the verbal announcemern also stated that Mr. Evanhce would be • sending a letter out to all City Councils for a presentation in March or April on this matter. Mayor Bogosian said he is looking forward to that presentation for an opportunity to reiterate some of Saratoga's issues, particularly noise abatement on Idighway 85. In response to Councilmember Waltonsmith, City Manager Perlin replied that in a recern conversation with Mr. Evanhce, he was informed that VTA would begin discxssions with Cahrans in the spring, to move that project along. ff it appears that the VTA is still not making arty progress with Caltrans, he felt it would be appropriate at that time to request for a letter of support from Sen. Sher and Assemblyman Cunneen. Councilmember Streit expressed concern about waiting too long to do this, especially since their terms are expiring. Discussion ensued. City Manager Perlin commented he would contact Assemblyman Cunneen's office and request that a letter of support from Sen Sher and Assemblyman Cunneen be prepared and forwarded to Caltrans at the earliest opportunity. Mayor Bogosian commented it is important to clearly indicate to our reprecerttatives that this abatement is focused along I~ighway 85 from I~Lghway 280 to 17 in Saratoga and Cupertino and requested that this be forwarded to our representatives immediately. Counal concaured. • vice Mayor Mehaffey commented on the following: • Status of the construction on Paul Avenue, which was discussed with Director Walgren a few months ago. City Manager Perlin replied he was not aware of it and suggested he should contact James Walgren. • Status about the paving at the end of Springer Avenue. City Manager Perlin replied John Cherbone has been in contact with the property owner and to contact him for an update. • Status of the playground area at Wildwood Park. Councilmember Streh replied that part of the contract approved tonight for restroom improvements would include replacement of the wooden chips in the playground area and other work. Mayor Bogosian commented on the following: • Scoping session to review the California Water Plan -January 20's in Frernorn. • Request for an appointment to Council on Aging. Mr. Perlin suggested forwarding the request to SASCC. • Flood Control Blue Ribbon Forum on February 2. r~~~a City Council Minutes January 19, 2000 11. CITY MANAGER'S REPORT . • State budget for the Vasona Rail project will allow the design and environmental work for the extension down to Winchester to be performed • Chamber installation dinner • SBDC meeting on January 25 at 8:00 a.m. • TEA bill • Muu 7PA meeting to discuss animal services was not productive. Staff will be convening a meeting to talk to individuals in the animal control business to get another perspective on this whole issue and review any options available. • He will not be attending the Council meeting of February 2. He will be at a conference. ADJOURNMENT - Mayor Bogosian adjourned the meeting at 9:15 p.m. to the adjourned regular meeting of January 25, 2000. Respectfully submitted, usan A. Ram s, CMC, City Clerk • • Page 8 of 8