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HomeMy WebLinkAbout12-19-2001 City Council MinutesMINUTES SARATOGA CITY COUNCIL DECEMBER 19, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview an applicant for the Finance Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:15 n.m. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case.) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p•m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Richard Taylor, City Attorney, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Ray Galindo, Accounting Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 19 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 19, 2001 was properly posted on December 14, 2001. City Council Minutes 1 December 19, 2001 COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ed Ferrell, 20877 Kittridge Road, COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE OF ARTS COMMISSION MEMBERS STAFF RECOMMENDATION: Approve Resolution of Appointment. TITLE OF RESOLUTION: 01-089 RESOLUTION OF THE CITY COUNCIL APPOINTING FIVE MEMBERS TO THE ARTS COMMISSION BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION APPOINTING FIVE MEMBERS TO THE ARTS COMMISSION. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Mayor Streit noted that Betty Peck and Mary Lou Taylor were unable to attend tonight's meeting and would make arrangements with the City Clerk to take the Oath. Cathleen Boyer, City Clerk, administered the Oath of Office to Leroy Murray, Lisa Pointier de Mattei, and Mary Lou Henderson. City Council Minutes 2 December 19, 2001 CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2B. REVIEW OF PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: Note and file. WALTONSMITH/MEHAFFEY MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2C. APPROVE RESOLUTION CONFIRMING COUNCIL AGENCY AND COMMISSION LIAISON APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-088 RESOLUTION OF THE CITY COUNCIL APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES Vice Mayor Baker requested that Item 2C be pulled from the Consent Calendar. Vice Mayor Baker noted that due to a conflict in scheduling, he is unable to serve on the Chamber of Commerce and the West Valley Sanitation District. Vice Mayor Baker noted that Mayor Streit would now be the liaison to the Chamber of Commerce and he would continue to be the liaison to the District. WALTONSMITH/MEHAFFEYMQVED TO ADOPT RESOLUTION AS AMENDED APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES AND AGENCIES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2D. APPROVE RESOLUTION CONFIRMING ABAG PLAN BOARD OF DIRECTORS STAFF RECOMMENDATION: Adopt resolution. City Council Minutes 3 December 19, 2001 TITLE OF RESOLUTION: 01-090 RESOLUTION OF THE CITY COUNCIL CONFIRMING ABAG PLAN BOARD OF DIRECTORS WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION CONFIRMING ABAG PLAN BOARD OF DIRECTORS. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 2E. FINAL MAP APPROVAL FOR FIVE LOTS LOCATED AT 14221 SARATOGA -SUNNYVALE ROAD STAFF RECOMMENDATION: Adopt resolution granting final map approval and authorization to Mayor to execute the Subdivision Improvement Agreement. TITLE OF RESOLUTION: SD-00-003 RESOLUTION OF THE CITY COUNCIL APPROVING THE FINAL MAP OF SD-00-003 14221 SARATOGA-SUNNYVALE ROAD Councilmember Waltonsmith requested that Item 2E be pulled from the Consent Calendar. Councilmember Waltonsmith expressed concern that the City missed another opportunity to incorporate below market rate housing in a new subdivision. Attorney Taylor reminded Councilmember Waltonsmith that the City Council cannot change the subdivision. The only action Council can do is determine whether or not the developer has complied with all the conditions of approval. Attorney Taylor suggested that when the Housing Element is adopted, the City could implement some of the recommended housing programs. Vice Mayor Baker asked if there was a way that the City Council could review any proposed subdivision that goes before the planning Commission. WALTONSMITH/BAKERMQVED TO ADOPT RESOLUTION APPROVING THE FINAL MAP FOR SD-000-003 14221 SARATOGA- SUNNYVALE ROAD. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. BAICER/MEHAFFEY MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. City Council Minutes 4 December 19, 2001 OLD BUSINESS None Mayor Streit noted that it was not the appropriate time to begin the public hearing so he requested that Council move to Item 4. Consensus of the City Council to move to Item 4. NEW BUSINESS 4. CITIZEN OVERSIGHT COMMITTEE REPORT STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that in October, total actual and projected costs exceeded the $14.5 million budget set by the City Council by approximately $85,000. The COC became concerned about the potential for overrunning the budget in the long term and asked staff to alert the Council of this potential. Assistant City Manager Tinfow explained that at the COC meetings on November 26th and December 12th, members continued to be concerned that Councilmembers did not fully realize that large amount of the budgeted contingency funds have been used. The two large impacts on the funds budgeted are the cost of the temporary library and the variance between the actual Phase I bid and estimate. Assistant City Manager Tinfow pointed out that staff believes that there are two pieces of information that might mitigate the COC's concerns. First, until Phase II bids are received, there is no way to determine the accuracy of the estimate. Second, there are several additional funding sources available. Assistant City Manager Tinfow noted that Susan Calderon, Chair/COC Committee, was present tonight and would like to read the letter to the Council from the COC. On behalf of the COC Committee, Chair Calderon read a letter which expressed the Committee's concerns. Vice Mayor Baker thanked the COC for doing a great job. Vice Mayor Baker stated that he is not willing to make any financial decisions in regards to the library until Phase II bids are received. Mayor Streit concurred with Vice Mayor Baker and added that he has no intention of going over budget. City Council Minutes $ December 19, 2001 6. AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-093 RESOLUTION OF THE CITY COUNCIL AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that the Economic Growth and Tax Relief and Reconciliation Act of 2001 allows plan trustees to amend eligible 457 deferred compensation plans to provide additional benefits to participants. Councilmember Waltonsmith asked if other cities have this type of plan. Director Baloca responded yes. Councilmember Mehaffey requested that any time an agreement is amended he would like to see the changes highlighted. MEHAFFEY/BAKER MOVED TO ADOPT RESOLUTION AMENDING THE DEFERRED COMPENSATION PLAN AND TRUST. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. Vice Mayor Streit noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 3. Consensus of the Council to move to Item 3 PUBLIC HEARINGS USE OF CITY PARKS FOR RECREATIONAL SPORTING EVENTS: DRAFT PARKS AND RECREATION ORDINANCE STAFF RECOMMENDATION: Introduce and waive first reading of ordinance. Richard Taylor, City Attorney presented staff report. Attorney Taylor explained as part of the City's effort to provide areas for organized, recreational sporting events, the City Council at its meeting of October 17, 2001 directed staff to prepare user agreements with the AYSO and Little League Baseball for the use of City parks. These agreements will be brought to Council in January 2002. City Council Minutes ( December 19, 2001 City Attorney Taylor explained that in order to protect against possible risks associated with the inappropriate use of City parks, the Council also directed staff to ensure that the City Code prohibits objects from being hit or thrown into public rights of way near City parks. City Attorney Taylor explained that the draft ordinance would amend the City Code as directed by the Council, would clarify the City's authority to enter into seasonal-long agreements with AYSO, Little League, and other groups, subject to conditions imposed by the Director of Parks, and would make several technical "clean-up" amendments to the Code. City Attorney Taylor briefly discussed the proposed changes to each section of the existing ordinance: • 2.1 -prohibits throwing, kicking, or hitting any ball, rock, or other object into any public thoroughfare inside or outside the park • 2.2 -clarifies pre-advertised use of parks. Any group of 25 or more people must have permit • 2.3 -clarifies group use permit process • 2.4 -authorizes the Council to allow applications for group use permits to be filed more than ninety days before the proposed use of a City park • 2.5 -authorizes Council to revoke a group use permit at any time Vice Mayor Baker asked if the Parks and Recreation Commission reviewed the draft ordinance. Director Cherbone responded that the Parks and Recreation Commissions have been reviewing park Policies but have not seen this proposed ordinance. Mayor Streit opened the public hearing at 7:46 p.m. and invited public comments. Nick Seroff, 20040 Sea Gull Way, Chair/Parks and Recreation Commission, stated that the Parks and Recreation Commission have not had an opportunity to review the proposed draft ordinance. Mayor Streit closed the public hearing at 7:50 p.m. Vice Mayor Baker noted he supports the ordnance with the exception of 2.2 and would like to send it to the Parks and Recreation Commission for review. Consensus of the City Council to direct the Parks and Recreation Commission to review the draft ordinance and report back to the Council before the second reading of the ordinance on January 16,2002. City Council Minutes ~ December 19, 2001 2001-2006 CAPITAL IMPROVEMENT PLAN -APPROPRIATIONS STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 01-094 RESOLUTION OF THE CITY COUNCIL ADOPTING A CAPITAL IMPROVEMENT PLAN FORT HE CITY TITLE OF RESOLUTION: 01-092 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2001-2002 BUDGET WHEREBY CAPITAL IMPROVEMENTS FUNDS ARE ESTABLISHED AND AMOUNTS ARE APPROPRIATED FOR CAPITAL PROJECTS, IN ACCORDANCE TO THE 2001-2006 CAPITAL IMPROVEMENTS PLAN John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that in October 2001 the City Council approved the 2001-2006 CIP that consists of 38 projects. Director Cherbone explained that 26 projects are funded and the remaining 12 are not funded at this time. The total amount funded by existing funding sources is $6,246,350. The total cost of the CIP as adopted is $8,571,350, which included funding from grants and other sources totaling $2,325,000. Councilmember Waltonsmith noted that it was the intention of this Council to have the renovation of Azule Park started before they are no longer in office. Director Cherbone noted that construction should start in July 2002. Katie Alexander, 12340 Goleta Avenue, noted that the playground at Blue Hills School was recently closed because the equipment was not up to ADA standards. Mrs. Alexander requested that the renovations at Azule Park be expedited. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION ADOPTING A CAPITAL IMPROVEMENT PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE 2001-2002 BUDGET WHEREBY CAPITAL IMPROVEMENTS FUNDS ARE ESTABLISHED AND AMOUNTS ARE APPROPRIATED FOR CAPITAL PROJECTS, IN ACCORDANCE TO Ciry Council Minutes g December 19, 2001 THE 2001-2006 CAPITAL IMPROVEMENTS PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 7. COUNTY SUPERVISOR'S REQUEST FOR COUNCIL APPOINTMENT TO THE POLICY ADVISORY BOARD (PAB) FOR THE COMPREHENSIVE COUNTY EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: Appoint one Councilmember and an alternate to the PAB. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the County of Santa Clara County Board of Supervisors sent the City of Saratoga a letter inviting our City to participate on the PAB by appointing one Councilmember to serve as a regular member and one Councilmember as an alternate. City Clerk Boyer explained that the Comprehensive County Expressway Planning Study will develop and document consensus on potential expressway improvements of all types including capacity enhancements, grade separations, pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the Study will develop funding requirements, financing scenarios, and recommendations regarding issues such as maintenance support and traffic enforcement. MEHAFFEYBAKER MOVED TO APPOINT COUNCILMEMBER WALTONSMITH TO BE THE CITY'S REPRESENTATIVE TO THE PAB. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/MEHAFFEY MOVED TO APPOINT MAYOR STREIT AS THE ALTERNATE REPRESENTATIVE TO THE PAB. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. COMMISSION ASSIGNMENT REPORTS Councilmember Mehaffey reported the following information: • Finance Commission -attended their annual Holiday Party hosted by Chuck and Mary Ann Swan. • Gateway Task Force -presentation of the plans to the public on January 16, 2002. Councilmember Mehaffey requested that staff make all of the plans available in the Civic Theater lobby and on the City's website. Councilmember Waltonsmith reported the following information: • Heritage Preservation Commission -discussion on removing the oak trees at the library. Arborist reports indicate only one tree could be removed and replanted; the rest of them should be removed. HPC is working on designing a kiosk for the proposed Adopt a Tree Program. City Council Minutes 9 December 19, 2001 • Youth Commission -Commissioners are excited that the Civic Center Master Plan consists of a new teen center. Vice Mayor Baker had no reportable information. Mayor Streit had reported the following information: • Parks and Recreation Commission -approved user fees for Congress Springs Park which will be coming before Council on January 16`h for approval. Mayor Streit read the new Council liaisons to the City's commissions as follows: Planning Commission Mehaffey Parks and Recreation Commission Baker Finance Commission Baker Library Commission Waltonsmith Public Safety Commission Streit Heritage Preservation Commission Bogosian Youth Commission Mehaffey Gateway Task Force Streit Library Expansion Committee Bogosian Arts Commission Waltonsmith CITY COUNCIL ITEMS Vice Mayor Baker asked when the next hearing was in regards to West Valley College. Attorney Taylor responded that the briefs were filed in July 2001 and the Court of Appeals would probably make a decision in Apri12002. Vice Mayor Baker questioned the pay back value of the caretaker's cottage at the Hakone Gardens. Vice Mayor Baker referred to a copy of a letter the City received from Housing and Community Development (HCD). Assistant City Manager Tinfow responded that the dollar amount has not been set. Vice Mayor Baker referred to several articles he recently has read in Western Cities Magazine -December 2001, regarding Housing and Housing needs. Vice Mayor Baker suggested that his colleagues read them if they have not already. Councilmember Mehaffey expressed his concern regarding the recent AT&T outage. Councilmember Mehaffey noted that he received many complaints from Saratoga residents. Councilmember Mehaffey noted that the recent storm left parts of Saratoga without power for several hours. Councilmember Mehaffey requested that staff contact PG& E and invite them to a future Council meeting. City Council Minutes 10 December 19, 2001 Consensus of the City Council to direct staff to contact PG & E and invite them to a future City Council meeting. Referring to an article he read in the Saratoga News regarding the eucalyptus tree at Saratoga School. Councilmember Mehaffey requested that staff write a letter to the Saratoga Union School District Superintendent, SUSD Board, and the Principal at Saratoga School reminding them of the City's tree removal process. Councilmember Mehaffey noted that at the Hakone Foundation's Holiday party he met a representative from PacBell who informed him that they recently installed DSL lines in the Village. Councilmember Mehaffey mentioned that Councilmember Bogosian was at the League of California Cities Annual Convention representing Saratoga interests. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Streit adjourned the meeting at 8:35 p.m. Respectfully subr~tted, __ C~ en oye City Clerk City Council Minutes 11 December 19, 2001