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HomeMy WebLinkAbout12-01-2004 City Council MinutesMINUTES SARATOGA CITY COUNCIL DECEMBER 1, 2004 Mayor Waltonsmith called the Regular City Council meeting to order at 7:15 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Aileen Kao, 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 Michele Braucht, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBEh 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 1, 2004 was properly posted on November 24, 2004. REORGANIZATION OF CITY COUNCIL STAFF RECOMMENDATION: Elect Mayor and Vice Mayor. 1. City Manager declares the offices of Mayor and Vice Mayor to be vacant 2. Election ofthe Mayor 3. Election ofthe Vice Mayor City Manager Anderson declared the office of Mayor vacant and asked for nominations. WALTONSMITH/STREIT MOVED TO NOMINATE KATHLEEN KING TO THE POSITION OF MAYOR. MOTION PASSED 5-0. Mayor King declared the office of Vice Mayor vacant and asked for nominations. Minutes 1 December 1, 2004 KING/STREIT MOVED TO NOMINATE COUNCILMEMBER NORMAN KLINE TO THE POSITION OF VICE MAYOR. MOTION PASSED 5-0. Assemblymember Rebecca Cohen administered the Oath of Office to the newly appointed Mayor and Vice Mayor. 2. REMARKS FROM NEW MAYOR, VICE MAYOR, AND COUNCILMEMBERS Mayor King thanked her family for their continued support. Mayor King thanked her fellow Councilmembers who have offered guidance during these last few years. Mayor King thanked the community for electing her and City staff for their dedicated work. Mayor King pointed out that that during the next year she would continue building unity among diverse groups in our city. Whether it is neighbors dealing with neighborhood issues, sports groups trying to find more fields, schools trying to deal with safety or traffic, businesses trying to find more customers, outside government agencies that should be granting us more funds, a community foundation trying to develop within the community, or the advertising of how special our City is. Mayor King stated that she plans to work these unifying opportunities tirelessly. Mayor King noted that the City has a budget crisis. Mayor King noted that the staff has been evaluating what the loss of the utility tax measure means to the City and also another year of borrowing by the state. Mayor King noted that safety in Saratoga must come first. Vice Mayor Kline thanked his family for their support and encouragement. Vice Mayor Kline noted that it is clear to him that voters really want a government that is small, efficient and well run. Vice Mayor Kline stated that the Council's challenge would be to define the limited number of services that the City will provide and then do the best job providing them. Vice Mayor Kline stated the services would be safety, roads and neighborhoods. Vice Mayor Kline stated that the City has a serious fiscal problems and the right solution is to cut expenses and live within the revenue and resources that we are provided. Councilmember Kao noted that when the Saratoga News endorsed her they said she would bring a fresh new voice to the Council. Councilmember Kao noted that she would work hard and try her best to work with the rest of the Council to make sound decision for the community. Councilmember Kao stated that she is humbled and honored to be here tonight. Minutes 2 December 1, 2004 ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Jack Lucas, President/West Valley/Mission College District Board of Trustees, stated that on behalf of the Board he wanted to congratulate the new Mayor and Vice Mayor, Councilmember Waltonsmith and Councilmember Kao. Aaron Gardener Mayor/City of Monte Sereno, congratulated the new Mayor and Vice Mayor, Councilmember Waltonsmith and Councilmember Kao. Mayor Gardner stated the he is looking forward to working with the City of Saratoga this year. Chris Constantin, West Valley/Mission College District Board of Trustees, congratulated the new Mayor and Vice Mayor, Councilmember Waltonsmith and Councilmember Kao. Mr. Constantin also announced that Measure H passed on November 2 and thanked the Council for their support. Cynthia Change noted that Boy Scout Troop 508 was presented at tonight's meeting in order to fill the requirement for a merit badge. Howard Miller noted that he is the Regional Commissioner of AYSO -Region 27. Mr. Miller thanked the City Council, City staff and the Parks and Recreation Commission for their continued support. Mr. Miller stated that Congress Springs Pazk has been an outstanding practice and game-day facility. David Mighdoll noted that he applauded the Council's efforts for adopting the interim ordinance for design review. Mr. Mighdoll stated that he reviewed the interim ordinance and has made several suggested changes and pointed out problems he felt needed to be addressed. Nancy Kundt noted that her home is located in Teerlink Ranch in the hillside of Saratoga. Ms. Kundtz stated that next Wednesday, December 8`h, an applicant would be before the Planning Commission requesting variances to setbacks on 3 sides of a proposed 6,500 square foot house. Ms. Kundtz explained the situation and the reasons why she doesn't support this project. COMMUNICATIONS FROM COMMISSIONS None WRITTEN COMMUNICATIONS None Minutes 3 December 1, 2004 COUNCIL DIRECTION TO STAFF In regards to the comments made by Mr. Mighdoll, Vice Mayor Kline stated that he and Councilmember Streit are on the AdHoc Committee, which is looking at the interim ordinance. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS 3. SHERIFF'S OFFICE QUARTERLY REPORT STAFF RECOMMENDATION: Informational only. Captain John Hirokawa, Santa Clara County Sheriff Office, presented a report to Council. Captain Hirokawa stated that as of November the Sheriff's Office has seen an increase in burglaries to residential homes and cars. Captain Hirokawa advised residents to lock their doors and windows at their homes and cars. Captain Hirokawa stated that domestic violence and sex crimes have gone down this year. Captain Hirokawa noted that the City is down 32 injury accidents, 54 property accidents and one DUI accident form last year. Captain Hirokawa announced that they received a $40,000 grant to setup DUI checkpoints starting in November running though next year. Captain Hirokawa noted that the public would be given notice when these checkpoints would be set up. Councilmember Streit asked when the Sheriff s Office was moving to their new offices in Cupertino. Captain Hirokawa responded that they should have been moved by the end of November but a few problems arose. Mayor King thanked Captain Hirokawa for his report Minutes 4 December 1, 2004 CONSENT CALENDAR 4A. APPROVAL OF CITY COUNCIL MINUTES -OCTOBER 20, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/WALTONSMITH MOVED TO APPROVE CITY COUNCIL MINUTES OF OCTOBER 20, 2004. MOTION PASSED 5-0. 4B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINE/WALTONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 4C. CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM ANNUAL VALUATION REPORT AS OF JUNE 30, 2003 STAFF RECOMMENDATION: Accept report. KLEQE/WALTONSMITH MOVED TO ACCEPT REPORT ON PERS ANNUAL VALUATION REPORT AS OF JUNE 30, 2003. MOTION PASSED 5-0. 4D. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: Adopt resolution authorizing continued use of funds. RESOLUTION: 04-094 Councilmember Waltonsmith requested that item 4D be removed from the Consent Calendar. Councilmember Waltonsmith noted that next year the City might not receive this grant from the State. WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION REPORTING THE USE OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS KNOWN AS "COPS" FOR FISCAL YEAR 2004-05. MOTION PASSED 5-0. Minutes 5 December 1, 2004 4E. RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 04-093 KLINE/STREIT MOVED TO ADOPT RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS. MOTION PASSED 5-0. PUBLIC HEARINGS CITY COUNCIL APPEAL OF A PLANNING COMMISSION DECISION RELATED TO THE APPROVAL OF A CONDITIONAL USE PERMIT ALLOWING THE CALIFORNIA FARMER'S MARKET ASSOCIATION STAFF RECOMMENDATION: Conduct public hearing; Adopt resolution amending the conditions the Planning Commission placed in the Conditional Use Permit and approve the Conditional Use Permit application with conditions. RESOLUTION: 04-095 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the applicant is requesting that a Conditional Use Permit allowing the California Farmer's Market Association to continue holding the Saratoga Farmer's Market n the parking lot area adjacent to Herriman Avenue at Saratoga High School, Saturdays year round. The previous Use Permit expired on Apri] 3, 2004. Director Sullivan noted that the Planning Commission modified the approval of the application in the following manner: • Limited the number of vendors to 40 agricultural and 16 non- agricultural • Cleanup to be concluded no later than 2:30 p.m. • Any music will be limited to the hours of 10:00 a.m. and closing, amplified music is prohibited. Director Sullivan explained that the hours of operation for the previous Use Permit were 9:00 a.m. until 1:00 p.m. The Farmer's Market has requested aset-up time of 7:00 a.m. The City of Saratoga believes the Farmer's Market should be held t the same standards compared to similar uses regarding set-up times in Code Section 7- 30.060(f). Minutes 6 December 1, 2004 In addition, Director Sullivan noted that the Farmer's Market has requested the operation of amplified music within the vendor area. Director Sullivan noted that amplified music is not consistent with the agricultural intend of Certified Farmer's Market and may negatively affect surrounding residential properties. Director Sullivan noted that with the construction occumng at the Saratoga High School eliminating public parking spaces, the site is unable to accommodate the amount of pedestrian and vehicle traffic present. Customers are parking along the residential streets near the High School causing additional noise and traffic complaints that maybe mitigated by adjusting the set-up and/or start time for the vendors. In conclusion, Director Sullivan stated that staff feels that all of the findings required within Section 15-55.070 of the City Code can be made in the affirmative in that: • The proposed Saratoga Farmer's Market meets the objectives of the Saratoga General Plan and the Saratoga Zoning Ordinance and the purposes of the zoning district in which the site is located, in that the proposed establishment will be mutually beneficial to the surrounding uses, and will be conveniently located to provide a service beneficial to the residence of Saratoga. • The proposed Market will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that appropriate conditions have been placed on the project to minimize potential impact. • The proposed Market will comply with all other applicable provisions of the Saratoga Code. Councilmember Streit asked if the Council could change the conditions of the Use Permit. Councilmember Streit asked is the Planning Commission discussed the other uses oat the High School. Director Sullivan noted that the Council could change the conditions of the Use Permit. hi regards to the other uses at the High School, Director Sullivan explained that the Planning Commission only discussed the application before them. Vice Mayor Kline noted that their Use Permit allows 40 vendors and any varied number would need an amended to the Use Permit. Vice Mayor Kline pointed out that the Farmer's Market has had more than 40 vendors for the last 18 months. Director Sullivan agreed. Minutes 'J December 1, 2004 Refemng to the contract between the High School and the Farmer's Market, Councilmember Kao noted that it clearly states 40 farmers. Councilmember Kao noted that the contract does not allow 16 nonagricultural vendors. Councilmember Kao asked who allowed the Farmer's Market to have extra vendors. Director Sullivan noted that he would let the applicant answer her question. Mayor King opened the public hearing and invited public comments. Dough Hayden noted that he is the President of the California Farmer's Market Association. Mr. Hayden stated that Kevin Skelly, the previous principal at Saratoga High School, allowed the extra 16 nonagricultural vendors approximately a yeaz and a half ago. Mr. Hayden stated that before the Performing Arts and Lecture Center was under construction the Mazket was closer situated towards the end of the parking lots. Due to the construction the Market is closer to the homes. In regards to the set-up time, Mr. Hayden stated that he doesn't allow anyone to set-up before 8:00 a.m. Mr. Hayden stated the Market has tried to be a good neighbor. Mr. Hayden stated that he has a Mazket Manager who arrives at the site at 6:15 a.m. every Saturday to make sure none of the vendors try and set up early or drive through the neighbors with the large trucks. Mr. Hayden requested that the City allow music, at least with battery operated sound. Mr. Hayden stated that he believes the community appreciates the Farmer's Market. Councilmember Waltonsmith noted that she enjoys the Farmer's Market. In regards to the increase of activity at the High School, Councilmember Waltonsmith asked if they would be interested in relocating to West Valley College. Mr. Hayden responded that he would be interested in relocating to West Valley College only if the parking was free. Cynthia Ranii, Superintendent/Los Gatos-Saratoga Joint Union High School District, stated that they have an increase of use at the High School and when the Performing Arts and Lecture Center the campus wil] be even busier. Dr. Ranii noted that they do have a contract with the Farmer's Market, which expires on May 18, 2005. Dr. Ranii stated that they would have to give the Farmer's Market a 60-day notice if they contract was to be canceled. Although the Farmer's Mazket is of great service to the community, Dr. Ranii stated that if she had to make a recommendation right now she would recommend that next year the District not renew the contract. Bill Richter,Interim Principal/Sazatoga High School, described the numerous activities going on at the High School on Saturday. Minutes $ December 1, 2004 Hugh Leo stated that he has no objection to Farmer's Markets. Mr. Leo stated that the Council should consider if Saratoga High School the appropriate venue for this. Mr. Leo pointed out that the comments made by Mr. Hayden regarding the agreement with Principal Skelly, allowing him to add 16 nonagricultural vendors, is a false statement. Mr. Leo stated he had email between Principal Skelly and Mr. Hayden the issue was being argued - 16 additional vendors were never allowed. Mercedes De Luca noted that the neighbors weren't consulted when Pop Warner or the Farmer's' Market started using the High School or any other contract signed between the High School and outside people. Ms. De Luca stated that the Farmer's Market should find another venue. Ms. De Luca stated that she is disappointed at the Planning Commission on how they handled the application. Pamela Chang noted that she supports school activities and recommends that the Farmer' Market find a new venue. Ms. Cheng complained about the smell, smoke and the excess of flies from the garbage. Ms. Cheng noted that the Planning Commission didn't care about the neighbors. Michael Herne stated that the last four months living near the High School has been miserable. Mr. Herne stated that he activities have increased at the High School and recommends that the Farmer's Market find another venue. Robin Apple stated that the Farmer's Market is both a pleasure and a nuisance. Ms. Apple stated that the streets are congested and people park in the residential areas. Ms. Apple requested preferential parking permits on Lexington Drive. Jerry McMillan noted that he enjoys the Farmer's Market, but understand the concerns of the surrounding neighbors. Mr. McMillan noted that his complaint is the Pop Warner activity in the football field. Mr. McMillan stated every for at least six hours every Sunday there is constant noise from the fields. Mr. Hayden stated that he is shocked to find out tonight that the School District had no intention of renewing the Market's contract next year. Mr. Hayden requested that the City Council allow the current Use Permit to continue until May 18, 2005. Mr. Hayden asked for the City's help to work with West Valley College as a possible new venue. Mayor King closed the public hearing. Councilmember Waltonsmith stated that it would be a shame if the City lost the Farmer's Market. Councilmember Waltonsmith noted that she understands the neighbor's concerns. Councilmember Waltonsmith noted that the Farmer's Market increases the quality of life for the community but decreases the quality of life for the neighbors. Councilmember Waltonsmith noted that West Valley College would be a perfect venue for the Farmer's Market. Minutes 9 December 1, 2004 Councilmember Kao noted that she is a fan of the Farmer's Market and appreciate having it in our community. Councilmember Kao noted that she does agree that the High School's purpose is to serve the kids. Councilmember Streit stated that the Farmer's Market is an asset to the community, but Saratoga High School is the wrong location. Councilmember Streit pointed out that 22 neighbors signed a petition opposing Farmer's Market. Councilmember Streit stated that the Farmer's Market is not going to be able to stay at the High School. Councilmember Streit stated that he would not support the current Use Permit for 5 more months. Councilmember Streit noted the current contract should be enforced which stated 40 vendors and no music. Vice Mayor Kline noted that the Council has to protect the quality of life in the neighborhoods of Saratoga. Vice Mayor Kline noted that the School District owns the property the City only has control only over the Use Permit. In regards to music at the Farmer's Mazket, Vice Mayor Kline stated that he would not support any type of music live or amplified. Councilmember Kline suggested that the Use Permit expire on June 2005. Councilmember Kao noted that she also supports no music and requested that Item 7 in the conditions be very specific in regards to prohibiting "live" or "amplified" music. Mayor King noted that she agrees with Vice Mayor Kline to end the Use Permit on June 2005 and limit the number of vendor to 40. Mayor King noted that she doesn't see any value to music at the Farmer's Market. KLINE/STREIT MOVED TO ADOPT RESOLUTION GRANTING THE CONDITIONAL USE PERMIT WITH AMENDMENTS AS FOLLOWS; NO AMPLIFIED MUSIC MAXIMUM OF 40 VENDORS ON SITE, OPERATING HOURS INCLUDES SET-UP NO EARLIER THAN 8:00 A.M. AND CLEAN -UP NO LATER THAN 2:00 P.M. MOTION PASSED 4-1 WITH WALTONSMITH OPPOSING. Mayor King declared a 10-minute break at 9:55 p.m. Mayor King reconvened the meeting at 10:05 p.m. OLD BUSINESS None Minutes 10 December 1, 2004 NEW BUSINESS 6. CODE ENFORCEMENT POSITION VACANCY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that as a part of the budget reductions for 2003-2004, a staff hiring freeze was enacted with exceptions for department directors and essential employees. The Community Services Officer left in spring of 2003 and that position was frozen. The Public Service Officer continued to provide code enforcement series but left the City for another opportunity in October. Since that time, an interim PSO was brought in on a part-time basis to provide services. Assistant City Manager Tinfow explained that staff was requesting direction on whether or not Council considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze in order to fill this position. In addition, if Council decides to continue code enforcement services, staff recommends filling the Community Services Officer position. Assistant City Manager Tinfow briefly highlighted the duties of the Community Services Officer. A discussion took place in regards to changing the role and duty of the job description with more emphasis in knowledge of local and state laws. KLINE/STREIT MOVED TO DECLARE THE COMMUNITY SERVICES OFFICER POSITION "ESSENTIAL" AND AUTHORIZE THE CITY MANAGER TO RELEASE THE HIRING FREEZE IN ORDER TO FILL THIS POSITION. MOTION PASSED 5-0. 7. REQUEST FOR COUNCIL AGENCY ASSIGNMENTS AND ADHOC COMMITTEES PREFERENCES STAFF RECOMMENDATION: Informational only. Cathleen Boyer, City Clerk, presented staff report. Minutes I1 December 1, 2004 City Clerk Boyer stated that each year in conjunction with the Council reorganization the City Council makes new outside agency and AdHoc Committee assignments. As of July 1, 2004 the City Council is no longer assigned to the City's seven Commissions. City Clerk Boyer requested that the information review and submit assignment preferences to the Mayor by 5 p.m., December 8, 2004. The final assignment matrix will be brought back for Council consideration on December 15, 2004. 8. MASTER MEETING CALENDAR STAFF RECOMMENDATION: Approve 2005 Calendar. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer noted that staff was requested that Counci] approve the attached 2005 City Council meeting calendar. STREIT/KLINE MOVED TO APPROVE 2005 CALENDAR. MOTION PASSED 5-0. MASTER MEETING CALENDAR STAFF RECOMMENDATION: Approve 2005 Calendar. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the annual City Council Retreat is scheduled for February 5, 2005. City Clerk Boyer noted that the draft agenda was included in the staff report. City Clerk Boyer requested that if any Councilmember would like to add an additional topic to inform the Mayor no later than Thursday, January 13, 2004. CITY COUNCIL ITEMS In regards to the Pop Warner group who is currently using the field at the Saratoga High School, Councilmember Streit asked if they are required to have Use Permit. City Attorney Taylor noted that he would research the issue and respond back to Council at a future time. Councilmember Streit also suggested looking into permit parking on Lexington Drive. Minutes 12 December 1, 2004 City Manager Anderson noted that this issue should be taken to the Public Safety Commission. Councilmember Waltonsmith noted that tomorrow is Danielle Surdin's last day with the City of Saratoga. Councilmember Waltonsmith noted that she would be working for the Town of Los Gatos. Councilmember Waltonsmith thanked her and wished her continued success at Los Gatos. OTHER None CITY MANAGER'S REPORT None Mayor King adjourned the regular meeting at 10:45 p.m. and announced that the Council would reconvene in the Administrative Conference Room for the Closed Session items CALL MEETING TO ORDER The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 10:45 p.m. Conference with Leal Counsel - Initiation of litigation (Godt Code 54956.9(c): (1 potential case) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Doug Adam Jonathan, Debtor U.S. Bankruptcy Court, N. Dist. CA, Bankruptcy No. 03-57342-JRG ADJOURNMENT There being no further business, Mayor King adjourned the meeting at 11:30 p.m. Minutes 13 December 1, 2004