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HomeMy WebLinkAbout05-19-2004 City Council MinutesMINUTES SARATOGA CITY COUNCIL MAY 19, 2004 The City Council of the City of Saratoga held a Joint Session with the Public Safety Commission (PSC) in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Commissioners were present: Bridgette Ballingall, Ken Biester, Mitch Kane, and Isabelle Tennenbaum, Chair. Chair Tennebaum read the PSC's Mission Statement and highlighted the Commissions accomplishments in 2004: • Finalized the Neighborhood Traffic Management Plan (NTMP) • Finished the Is` NTMP with EI Quito Neighborhood • Completed the Blue Hills Traffic Plan • Participated in the Community Emergency Response Training (CERT) • Participated in the County Fire Self -Assessment • Participated in Sheriff ride-a-longs Chair Tennebaum explained the future plans of the PSC: Will push the CERT program Awazeness of Community Preparedness for emergencies • Future NTMP's A discussion took place in regards to how much time the Commission spends on each of their tasks. The Commission responded that they spend most of their time on traffic issues. A discussion took place in regards to the NTMP and the Commissioner Ballingall explained how neighborhoods are in a que for the program. Mayor Waltonsmith thanked the PSC for attending the joint meeting. ADJOURN TO CLOSED SESSION Conference With Legal Counsel - Initiation of Litigation (Gov't Code Section 54956.9(c): (2 potential cases) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. Frank Richazd Feiller (Santa Clara County Superior Court Case No. CC443723) Conference With Labor NeQOtiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & John Cherbone, Pubic Works Director Employee organization: SEA Conference With Labor NeQOtiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Conference With Labor Ne otg iators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst Joan Pisani, Recreation Director John Livingstone, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MAY 19, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 19, 2004was properly posted on May 14, 2004. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Andrew Barnes noted that he starting building a home three years ago in Saratoga and recently completed it in November 2003. Mr. Barnes noted that he had a bad experience with the City's Community Development Department. Mr. Barnes explained the situation in regards to his secondary unit being over the allowed square Footage and with his request to the City to allow his unit to be grandfathered into the City. 2 Mr. Barnes noted that he met with Director Tom Sullivan and was told to scale the secondary unit down to 620 square feet. Mr. Barnes noted that he was approaching the City Council in order to get his problem resolved. James Foley noted that he was present this evening representing the Vineyards Home Owners Association. Mr. Foley explained the lack of maintenance on Saratoga Avenue between Vineyard Lane and the Route 85 westbound on ramp. Mr. Foley stated that the landscaping is dead and the weeds are a fire hazard. Mr. Foley stated that the Vineyards are hoping that the City would remedy this problem immediately Dr. Fred Armstrong noted that he was present this evening as the Chair of the Rotary's "Building Bridges" event which will be held in October. Dr. Armstrong requested that the City support the event and waive any fees that maybe imposed on them. COMMUNICATIONS FROM COMMISSIONS Isabelle Tennenbaum, Chair/Public Safety Commission, reported that the PSC and the City Council met in a joint session prior to the City Council meeting. Chair Tennenbaum read the PSC's Mission Statement and highlighted the Commission's major accomplishments For 2003-2004. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Bogosian requested that staff be directed to look into Mr. Foley's concerns in front of the Vineyards. Director Cherbone noted that he would meet with the property owner to fix the problem. Councilmember Kline requested that Dr. Armstrong's request be agendized. Mayor Waltonsmith concurred with Councilmember Kline's request. ANNOUNCEMENTS None CEREMONIAL ITEMS None In regards to item 1A, Mayor Waltonsmith explained that Ms. Benjamin would not arrive until 8:00 p.m. and requested that the item be moved until that time. Consensus of the City Council to moved item lA to 8:00 p.m. CONSENT CALENDAR 2A. Approval of City Council Minutes -Apri121, 2004 STAFF RECOMMENDATION: Approve minutes. KINGBOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 21, 2004. MOTION PASSEDS-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KING/BOGOSIAN MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C EXECUTION OF THE FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FISCAL YEAR 2004/05 STAFF RECOMMENDATION: Authorize City Manager to execute the First Amendment to the Agency Agreement for Countywide Household Hazardous Waste Collection Program for Fiscal Year 2004/05 Councilmember Kline requested that item 2C be removed from the Consent Calendar. In regards to computer and monitor recycling, Councilmember Kline asked what the City is currently doing. Analyst Bloomquist responded that Green Valley currently picks up "E-Waste" for a fee of $30.00. Analyst Bloomquist steed that this problem is on the horizon to being solved. Analyst Bloomquist noted hat when the JPA's contract expires in 2007 "E-Waste" would be address in the contract. In regards to recycling "E-Waste", Councilmember Bogosian suggested that staff put the information on the City's website. Vice Mayor King suggested that the information be place d in the next Saratogan. KLINE/KING MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR FISCAL YEAR 2004/05. MOTION PASSED 5-0. 4 2D RESOLUTION APPOINTING EUNICE COX TO THE SANTA CLARA COUNTY COUNCIL ON AGING STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 04-039 KINGBOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING EUNICE COX TO THE SANTA CLARA COUNTY COUNCIL ON AGING. MOTION PASSED 5-0. 2E INDEPENDENT CONTRACTOR AGREEMENT FOR INTERIM FINANCE DIRECTOR STAFF RECOMMENDATION: Authorize City Manager to execute agreement with Pete Kolf for Interim Finance Director. KINGBOGOSIAN MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH PETE KOLF FOR INTERIM FINANCE DIRECTOR. MOTION PASSED 5-0. 2F HIGHWAY 9 SAFETY ISSUES STAFF RECOMMENDATION: Informational only. Councilmember Kline requested that item 2F be removed from the Consent Calendar. Councilmember Kline thanked Director Cherbone for his report and requested that this type of report be place d on the regular agenda not on the Consent Calendar. A discussion took place in regards to the pedestrian activated light on Oak Street. Director Cherbone explained that it might take a long time to get an encroachment permit from Ca1Tran to install the light. Mayor Waltonsmith noted that there was one more person who would like to address the Council on a non-agendized item. Cameron Colison noted that he was present this evening to introduce a new technology to control weed maintenance. Mr. Colison noted that his technology would make Saratoga greener. Councilmember Kline suggested that Mr. Colison contact each Councilmember individually. PUBLIC HEARINGS 3. ZONING ORDINANCE TEXT AMENDMENT THAT REGULATES THE PLACEMENT OF STANDBY OR EMERGENCY GENERATORS AND THE PLACEMENT OF HEATING, VENTILATION AND AIR CONDITIONING EQUIPMENT STAFF RECOMMENDATION: Conduct Public Hearing; Grant first reading; direct staff to place item on the Consent Calendar on June 2, 2004 for second reading and adoption. John Livingstone, Associate Planner, presented staff report Planner Livingstone stated that staff is requesting that the placement of heating, ventilation and air conditioning equipment be dealt with at the same time. A Use permit will be required for the installation of generators. For both pieces of equipment the placement in required setbacks is prohibited by the proposed ordinance. Planner Livingstone stated that staff is requesting that the City Council conduct the public hearing, grant the first reading, and direct staff to place the item on the Consent Calendar for the June 2, 2004 agenda. A discussion took place in regards to the meaning of "yard". Council directed staff to change the word "yard" to "setbacks". Mayor Waltonsmith opened the public hearing and invited any public comments. Herb Radding thanked the City for the proposed ordinance and noted that he wasn't noticed for this hearing. Mr. Radding explained his situation in regards to his neighbor's generator. Mayor Waltonsmith closed the public hearing. BOGOSIAN/STREIT MOVED TO GRANT FIRST READING; DIRECT STAFF TO PLACE ITEM ON THE CONSENT CALENDAR ON JUNE 2, 2004 FOR SECOND READING AND ADOPTION AS AMENDED. MOTION PASSED 5-0. SPECIAL PRESENTATIONS 1. JOANNE BENJAMIN -TRANSPORTATION POLICY AND PROGRAM MANAGER VTA-HIGH SPEED RAIL STAFF RECOMMENDATION: Informational only. Joanne Benjamin, VTA/Transportation Policy & Program Manager, thanked the Council for inviting her to speak on why the VTA was supporting the High Speed Rail draft program EII2/EIS as it is currently written. The draft document is currently in the public comment period and that is why the Cities Association was asked to take a position on it. Mrs. Benjamin explained that the VTA supports the High Speed Rail's proposed southern alignment for the following reasons: • The entry of the high-speed rail into the Bay Area is of great importance to the Santa Clara Valley. The alignment would provide more direct and frequent service to the three largest urban cities in the Bay Area -San Francisco, Oakland, and San Jose. • The Southern alignment would have higher rider ship and raise revenue • Easier to build • Less costly to operate • Direct mainline service to businesses and high tech centers in Silicon Valley Mrs. Benjamin announced that on May 26, 2004 a public hearing would be held from 1:00 p.m. - 3:00 p.m. at the Isaac Newton Auditorium. Councilmember Bogosian asked how much the complete high-speed rail would cost California. Mrs. Benjamin noted that she didn't have the exact figure, but currently the High Sped Rail Authority does not have the funds and would probably go out for a bond in 2006 or 2008. Vice Mayor King asked if the City of Sunnyvale passed a resolution Mrs. Benjamin stated that the City of Sunnyvale passed a resolution supporting the High Speed Rail but stated that they did not want to impact Henry Coe Park. Mayor Waltonsmith asked why developed corridors were not being looked at regarding the placement of the rail. Mrs. Benjamin stated that the Authority is looking at four different routes. Ron Fischler noted that he was from Los Altos and was present this evening representing Advocates for Coe Park. Mr. Fischler stated that the high-speed rail has threatened the park. Mr. Fischler requested that the City add to their resolution a clause stating that Hemy Coe be protected. Marge Ottenberg noted that she represented the Sierra Club. Mrs. Ottenberg requested that the High Speed Rail Authority do not put the rail through Henry Coe Park. John Wilkerson, Sierra Club/ Loma Prieta Chapter, thanked the Council for the opportunity to speak this evening in regards to the high-speed rail. Mr. Wilkerson noted that Henry Coe Park is the 2°d lazgest State Park in California. Mr. Wilkerson stated that the proposed alignment through the park would go through State wilderness, which is prohibited. Mr. Wilkerson noted that he feels it would be an act of vandalism if the rail went through Henry Coe Park. Mr. Wilkerson requested that the City of Saratoga observe the process and not support any side because of the following reasons: • EIR is flawed and needs to be revised and recirculated • The Authority has not studied an environmentally feasible alternative • Ridership studies are questionable • Bond has been delayed until at least 2006 -there is no urgency to complete the draft EIR • Current alignment choices create unnecessary damage Councilmember Kline stated that tonight the Council has been asked to support the southern route. Councilmember Kline noted that he supports the general concept of high-speed rail. Councilmember Kline stated that his preference is not to adopt a resolution tonight because the process will be going on for a few more years. Councilmember Bogosian concurred with Councilmember Kline. Vice Mayor King stated that after seeing the presentation by the Rail Authority it made her excited to think that a person could get from LA to San Jose in one hour. Vice Mayor King stated that she supports adopting a resolution supporting the rail Councilmember Streit stated that since the project will be delayed till 2008 he is willing to postponed the resolution of support. Councilmember Streit stated that he would like to see more statistics on the project. Mayor Waltonsmith stated that she would like to take a stand on protection all of the state parks and nature conservatory holdings. Councilmember Kline noted that when the bond is ready to be placed on a ballot the EIIZ will have to be redone, it's too early to comment or make a statement on the issue. Councilmember Kline noted that he was disappointed that a representative from the Rail Authority was not present tonight. KLINE/BOGOSIAN MOVED TO DIRECT STAFF TO BRING THIS ITEM BACK IN NINE MONTHS. MOTION PASSED 4-1 WITH KING OPPOSING. OLD BUSINESS 4. CONTRACT AUTHORIZATION FOR REDEVELOPMENT FEASIBILITY STUDY STAFF RECOMMENDATION: Authorize City Manager to execute contract for professional services with Rosenow Spevack Group for RDA Feasibility Study not to exceed $26,000. Danielle Surdin, Administrative Analyst, presented staff report. BOGOSIAN/KLINE MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT FOR PROFESSIONAL SERVICES WITH ROSENOW SPEVACK GROUP FOR RDA FEASIBILITY STUDY NOT TO EXCEED $26.000. MOTION PASSED 5-0. NEW BUSINESS 5. PRESENTATION BY CITY OF CAMPBELL STAFF REQUESTING $25,000 CONTRIBUTION TOWARDS REGIONAL DOG PARK AND PRESENTATION BY CITY OF SARATOGA STAFF CONSIDERING LOAN OF PORTABLE SKATE PARK EQUIPMENT TO CITY OF CAMPBELL PARKS DEPARTMENT STAFF RECOMMENDATION: Consider City of Campbell request fora $25,000 donation towards a Regional Dog Park located within Los Gatos Creek County Park; Consider loaning City of Saratoga portable skate park equipment to the City of Campbell Parks Department. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that his report was in two parts. A staff member of the City of Campbell would present the first issue. The presentation is regarding the development of a regional Dog Park. The City of Campbell is requesting that the City of Saratoga donate $25,000 toward the Park. The second part of the report addresses a request by the City of Campbell that the City Council consider loaning the City's portable skate park equipment. Analyst Bloomquist introduced Lisa Peterson, Senior Civil Engineer/City of Campbell. Ms. Peterson thanked the City Council for the opportunity to present the proposed Regional Dog Park. Ms. Peterson explained what a dog park was and noted that the City of Campbell would construct the park, and the County would operate and maintain the new dog park as part of the first phase of implementation of a Los Gatos Creek County Park Master Plan. Ms. Peterson explained the proposed rules and regulations along with a brief description of the benefits to the West Valley. Ms. Peterson described Phase I of the proposed Dog Park including the proposed trees, benches and play equipment for dogs. Ms. Peterson stated that the County has donated $120k, City of Campbell $130K, and the Town of Los Gatos $25k. Councilmember Bogosian asked if the park would have adequate parking. Councilmember Bogosian stated that the concept is wonderful and would like assurance from the County that parking would be free. Ms. Peterson stated that currently there is a huge parking lot, including bathrooms and a picnic area. Councilmember Streit noted that the location is great and the he supports the concept except he has concerns about the City contributing to the funds. Councilmember Streit noted that the Council should discuss it during the Budget process. Vice Mayor King noted that the City should try and find the funds to donated to the project in order to give the citizen of Saratoga a place to take their dogs. Councilmember Streit asked about the timing of the project. Ms. Peterson responded that the bid process should start next Spring and construction should be completed by Summer 2005. Mayor Waltonsmith thanked Ms. Peterson for her presentation. Joan Pisani, Recreation Director, explained that the City of Campbell has a permanent, operating skate park facility with equipment provided by Ball Hitch Ramps. This is the same company the City of Saratoga used back in 2002. Director Pisani explained that the City of Campbell Community Center Staff in reference to their existing skatepark and equipment requirements has identified a need for smaller pieces of equipment, which would help to balance out park usage. The portable equipment owned by the City of Saratoga is a perfect match to meet Campbell's needs and improve the quality of their skatepark. Director Pisani stated that the City would benefit from this via joint programming efforts, run separately by each City, but promoting the usage of the facility for each community. Since Saratoga doe not have a skate park within City limits, this is an appropriate usage of the portable equipment owned by the city, which his presently not seeing any usage. Director Pisani noted that the equipment would be on loan only, with the City of Campbell being fully liable for its usage, safekeeping and repair. Director Pisani explained that some type of usage agreement would need to be entered into with the City of Campbell if the equipment is loaned to them. Conesus of the City Council to loan the City's portable skate park equipment to the City of Campbell. GRANT WRITER UTILIZATION POLICY STAFF RECOMMENDATION: Adopt Grant Writer Utilization Policy Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist that at the Apri17, 2004 City Council meeting, Randall Funding and Development were selected to provide grant writing and research services for the City. 10 In an effort to efficiently utilize their services and attain the greatest benefit to the City, Council directed staff to bring back Grant Writer Utilization and Guidance Policy and a set of procedures. Analyst Bloomquist stated that the policy and procedures defines and identifies organizations eligible to utilize the services of Randall Funding and Development and provides direction to City staff regarding how to most effectively utilize their services. Consensus of the City Council to directed staff to make several changes to simplify and streamline the Grant Writer Utilization Policy & Procedures, making them easier to implement and follow. KEVIN MORAN PARK IMPROVEMENT PROJECT STAFF RECOMMENDATION: Determine type and composition of body to conduct the public input process and project development; provide direction staff regarding the types of improvements to be incorporated into the Park Project; Authorize staff to solicit proposals for professional services for the purpose of updating the Kevin Moran Park Master Plan and subsequent construction documents. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that Kevin Moran Park is the City's second largest park with an area of 14.3 acres. Kevin Moran Park is also the City's largest Community Park designated as such in the adopted Parks and Trails Master Plan. Director Cherbone noted that in 1970 a Park Master Plan was developed for Kevin Moran and subsequently 10.3 acres of the available 14.3 acres were improved. At the time the City did not have enough funds to improve the entire park, which left two unimproved areas that sandwich the improved area. The largest of the two unimproved areas has a size of approximately 3 acres and the smaller area has a size approximately 1 acre. Director Cherbone explained what the original park improvements were and noted the improvements made over the past few years. Director Cherbone noted that in 2001 Kevin Moran Park was added to the newly created five year CIP as an unfunded project. Late last year the City was notified by the State that funds in the amount of $302,454 would be available to the City for park projects via the 2002 Park Bond Act. These funds along with $97,546 in general funds were appropriated by the City Council during FY 03-04 CIP Update, which provided the Kevin Moran Park Improvement Project a total budget of $400,000. Director Cherbone explained that the first step in the Kevin Moran Park Improvement Project is to update the Master Plan via public input. Director Cherbone explained the public input process noting that staff recommends that a Task Force be formed consisting of City Councilmembers and key project stakeholders. 11 Director Cherbone noted that the construction of the park could begin in the summer of 2005. KING/BOGOSIAN MOVED TO AUTHORIZE STAFF TO SOLICIT PROPOSALS FOR PROFESSIONAL SERVICES FOR THE PURPOSE OF UPDATING THE KEVIN MORAN PARK MASTER PLAN AND SUBSEQUENT CONSTRUCTION DOCUMENTS. MOTION PASSED 5-0. 8. COMMUNITY -WIDE EMERGENCY PREPAREDNESS PLAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Councilmember Bogosian requested that the Council continue this item to a future meeting. Consensus of the City Council to place this item on a future agenda. 9. SARATOGA COMMISSION WORK PLANS FOR FISCAL YEAR 2004- 2005 STAFF RECOMMENDATION: Accept report and approve Commission work plans for FY 04-05. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow state that on January 24, 2004 City Council held their Annual Council Retreat. One of the agenda items for discussion was review of the "AdHoc-Commissions-Community Participation Model". After significant discussion among the Council, staff was directed to work with the various City Commission to generate a work plan for each that describes their planned goals and activities, and any budgetary expenses they might incur throughout the coming fiscal year. Assistant City Manager Tinfow explained the intent of the work plans and stated that Council is being asked to: • Review the individual planned activities and provide direction to the Commission about any needed changes to their planned activities • Support staff in their ability for support Commission activities • Consider approval of additional funds (if any) needed to accomplish the planned activities Assistant City Manager Tinfow stated that a total of $9,505 is already budgeted to cover incidental Commission expenses such as training, meeting/retreat costs, dues and memberships, and office supplies. The total additional funding requested by the Commissions is $52,157 for FY 2004-05. Consensus of the City Council to bring this item back as a Study Session item. 3 12 AGENCY ASSIGNMENTS Mayor Waltonsmith reported the following information: Saratoga Historic Foundation - held a joint event with the City on May 18, 2004. Presentation by the Muwekma Ohlone Tribe was excellent and well attended. . Sister Cit Liaison -reminded that Council that the exchange students from Muko, Japan would be in Saratoga in August. Vice Mayor King reported the following information: Chamber of Commerce - Lorie Tinfow and Danielle Surdin attended the last meeting and gave a presentation on the proposed RDA. Councilmember Bogosian had no reportable interest. Councilmember Kline reported the following information: Library Joint Powers Association -reviewing proposed cuts to the hours of operations of the libraries. Also, discussion on if and when another bond might be placed on another ballot. Councilmember Streit reported the following information: West Valley Sanitation District -continued discussions regarding the Town of Los Gatos relinquishing their entire sewer system over to the District, this will save the Town $300k per year. CITY COUNCIL ITEMS Councilmember Kline commended Director Cherbone on the flagpole in Blaney Plaza. Refemng to the latest edition of the "Valley" magazine, Councilmember Kline pointed out that Saratoga was feature in it. OTHER City Attorney Taylor noted that the Supreme Court denied Mr. Heinz request to revrew his case. City Attorney Taylor announced that the case is now officially closed. CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Waltonsmith adjourned the meeting at 11:10 p.m. Res d, Cat ye C City Clerk 13