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HomeMy WebLinkAbout05-15-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL MAY 15, 2002 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 5:00 p.m. to interview applicants for the Arts Commission and the Public Safety Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 1377 7 Fruitvale Avenue at 5:40 p•m• Conference With Legal Counsel -Existing Litigation (2 cases): (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) Name of case: City of Saratoga v. Michael S. Costa (Santa Clara County Superior Court No. CV-806843) Conference With Real Property Negotiators (Section 5496.8): Property: 19848 Prospect Road Agency negotiator: Dave Anderson, City Manager Negotiating parties: Grace Methodist Church Under negotiation: Instructions to negotiate regarding price and terms for purchase of real property. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Wu v. City of Saratoga (Santa Clara County Superior Court No. CV-807506) MAYOR'S REPORT ON CLOSED SESSION - 7:00 Vim. 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 Dave Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Jolm Mehaffey Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember Ann Waltonsmith ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FORM MAY 15, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 15, 2002 was properly posted on May 10, 2002. Mayor Streit requested that the Council add an emergency item to tonight's agenda in regards to the purchase of property located on 19484 Prospect Road. BOGOSIANBAKER MOVED TO ADD AN EMERGENCY ITEM TO THE AGENDA. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bill Breck, 20375 Saratoga-Los Gatos Road, note he would like to address two issues, 1) tree destruction occurring in his neighborhood 2) nonconforming barn structure located at 14480 Oak Place. Mr. Breck explained that the homeowner of this property is doing extensive remodeling. The property is a flag lot with nine neighbors. Also, a masonry perimeter wall is being constructed around the property, which is damaging many trees, and he took three trees out illegally. Mr. Breck noted that this property owner also made threats to many neighbors because they do not support his project. Mr. Breck noted that the property owner has put threatening mail in his mailbox and has filed at least 20 code violations on his property and won't stop unless he agrees with his project. Councilmember Bogosian asked if they have filed a report with the Sheriff's Department. Mr. Breck responded that they are currently in the process of filing a report. Vice Mayor Baker asked if using mailboxes for non-mail was illegal. Councilmember Mehaffey stated that he has looked into this and as long as the envelope has a stamp on it can be put in a mailbox. Vice Mayor Baker stated that Mr. Breck showed the Council the envelope and there was no stamp on it. City Attorney Taylor stated that the US Postal Service could provide them with the answer. City Council Minutes 2 May 15, 2002 COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Mehaffey noted that he visited the site on Sunday and spoke to a few of the neighbors who showed him some of the threats. Councilmember Mehaffey noted that he is very concerned about this situation. On Monday, Councihnember Mehaffey noted that his wife observed the gentleman in question stopping in front of his house and just sat there. Director Sullivan notes that at least six staff members have been involved n this issues and now all complaints have been narrowed down to himself and Brad Lind. City Manager Anderson stated that in his opinion this is a bitter neighborhood dispute, probably not solved through code enforcement. Consensus of the City Council to direct staff to keep them informed about the situation. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE MONTH OF JUNE 2002 "BIG BASIN REDWOODS STATE PARK CENTENNIAL CELEBRATION" STAFF RECOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to California State Park Ranger Scott Elliott. 1B. PROCLAMATION DECLARING THE WEEK OF MAY 19-25, 2002 "PUBLIC WORKS WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to John Cherbone, Public Works Director. City Council Minutes 3 May 15, 2002 1C. PROCLAMATION DECLARING JUNE 1, 2002 "NATIONAL TRAILS DAY" STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation and presented it to Bill Brooks. CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -REGULAR MEETING APRIL 17, 2002 STAFF RECOMMENDATION: Approve minutes. BAKER/MEHAFFEY MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 17, 2002. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2B. CITY COUNCIL MINUTES -ADJOURNED MEETING MAY 7, 2002 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Baker requested that item 2B of the Consent Calendar be pulled. Vice Mayor noted that he was absent on May 7, 2002 so he would be abstaining from the vote. BAKER/MEHAFFEY MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 7, 2002. MOTION PASSED 4-0-1-1 WITH BAKER ABSTAINING AND WALTONSMITH ABSENT 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BAKER/MEHAFFEY MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2D. FINANCIAL REPORTS FOR THE MONTH ENDING APRIL 2002 STAFF RECOMMENDATION: Accept financial reports. BAKER/MEHAFFF_Y MOVED TO APPROVE FINANCIAL RPEORTS. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. City Council Minutes 4 May 15, 2002 2E. REVIEW PLANNING COMMISSION ACTION MINUTES -MAY 8, 2002 STAFF RECOMMENDATION: Note and file. BAKER/MEHAFF EY MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2F. REAPPOINTMENT OF JIM STALLMAN TO THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE (BPAC) STAFF RECOMMENDATION: Approve reappointment. BAKER/MEHAFFEY MOVED TO REAPPOINT JIM STALLMAN TO THE BPAC. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2G. CLAIM OF ZOHREH TABATABAIE; CLAIM NO. GL-05347 STAFF RECOMMENDATION: Authorize ABAG to reject claim. Councilmember Mehaffey requested that item 2G from the Consent Calendar. In light of the recent memo Council received regarding this claim, Councilmember Mehaffey requested a staff report. Cathleen Boyer, City Clerk, responded that after further investigation by staff, Quito Road is identified as a "minor arterial" in the City's Circulation Element. Therefore, staff is recommending payment of claim in the amount of $1,$00.00. MEHAFFEYBOGOSIANMQVED TO AUTHORIZE ABAG TO SETTLE CLAIM NO. GL-05347. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2H. CLAIM OF NATHAN HENSON; CLAIM NO. GL-053437 STAFF RECOMMENDATION: Authorize ABAG to reject claim. BAI{ER/MEHAFFEY MOVED TO AUTHORIZE ABAG TO REJECT CLAIM NO. GL-053437. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. City Council Minutes $ May 15, 2002 2I. AYSO USER AGREEMENT STAFF RECOMMENDATION: Authorize execution of agreement. BAKER/MEHAFFEY MOVED TO AUTHORIZE EXECUTION OF AYSO AGREEMENT. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2J. TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 APPLICATION FOR THE SARATOGA AVENUE WALKWAY PROJECT STAFF RECOMMENDATION: Adopt resolution. BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION FOR TDA APPLICATION FOR SARATOGA AVENUE WALKWAY PROJECT. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. 2K. TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 3 TIER 1 BICYCLE EXPENDITURE PROGRAM APPLICATION FOR THE COX AVENUE RAILROAD CROSSING PROJECT STAFF RECOMMENDATION: Adopt resolution. BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION FOR TDA APPLICATION FOR COX AVENUE RAILROAD CROSSING PROJECT. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. URGENCY ITEM 6. PROPERTY LOCATED AT 19484 PROSPECT ROAD City Manager Anderson reported that on Monday the Church requested that the Council make two adjustments on the purchase contract offer. City Manager Anderson stated the first clarification is that the stimulation of the sixty day contingency on the General Plan Amendment and the EIR be deleted and secondly wording added to the contract stating that "the close of escrow will be on or before August 2002 or the contract is void" needs to added to the contract. MEHAFFEY/ BOGOSIAN MOVED TO RATIFY THE DECISION OF THE MAYOR AND CITY MANAGER TO ELIMINATE THE CONTINGENCIES OF THE CITY'S OFFER. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. City Council Minutes ( May 15, 2002 MEHAFFEY/ BOGOSIAN MOVE TO AUTHORIZE THE CITY MANAGER TO SIGN THE COUNTER OFFER FROM THE CHURCH EXTENDING THE DEADLINE TO AUGUST 17.2002 FOR THE CLOSE OF ESCROW. MOTION PASSED 4-0-0-1. PUBLIC HEARINGS ORDINANCE ADOPTING RULES FOR SKATE PARKS STAFF RECOMMENDATION: Open public hearing; accept testimony; close public hearing; introduce the ordinance; waive the first reading. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that at the City Council meeting of March 12, 2002 the City Council directed staff to pursue establishment of a mobile skate park for the City. Staff has ordered the necessary equipment and is preparing a pilot program for this summer. City Attorney Taylor stated that in order to ensure the safety of skate park users and those in the vicinity of the skate park, staff has prepared the ordinance in order to reduce to some degree the risks inherent in skating. City Attorney Taylor explained that the ordinance: • Allow skateboarding in skate pazks (this would be an exception to the general rule prohibiting skateboarding in City parks). • Require skate park users to wear a helmet, elbow pads, and knee pads. In- line skaters would be required to wear wrist guards as well. • Require all skate parks to be posted with signs describing the required safety equipment and consequences ofnon-compliance. City Attorney Taylor stated that the ordinance has been drafted to comply with the requirements of California Heath & Safety Code section 115800. The ordinance amends the Parks and Recreation Article of the City Code. City Attorney Taylor stated that the Section 2.2 of the ordinance adds a new section to the City Code. The new section requires all skate park users to wear helmets, elbow pads and kneepads. The ordinance would also require in-line skate to wear wrist guards. This requirement is based on the approach used by other jurisdictions in the area. Section 2.2. would also require that signs be posted in skate parks to ensure that park users are aware: 1. Of the required safety equipment 2. That they can be cited for failure to wear the required safety equipment 3. That the skate park is not supervised; and 4. That skating is an inherently dangerous activity. City Attorney Taylor stated that the noted that while Recreation Department staff may be on-site at the skate park they would not be present in a formal capacity as supervisors. Accordingly the signs will note that the park is unsupervised. City Council Minutes '7 May 15, 2002 Councilmember Bogosian asked if the staff person at the site had the authority to remove skate park users. City Attorney Taylor responded that the staff person would have the authority to eject users out of the park or call the Sheriff to cite the violator. City Attorney noted that his staff person is not acting in a supervisory position. Councilmember Mehaffey asked if this ordinance applied to all parks in the City of Saratoga. City Attorney Taylor responded that this ordinance would only apply to the skate park. Councilmember Mehaffey asked if the rules applied to adults. City Attorney Taylor responded that the rules apply to anyone who uses the park. Mayor Streit opened the Public hearing at 7:33 p.m. Mayor Streit closed the Public Hearing at 7:34 p.m. Councilmember Bogosain asked when the equipment is not in use would it be locked down in such a way where people could not use it. Director Pisani responded that it would be locked up in the Corporation Yard. Councilmember Mehaffey asked City Attorney Taylor if he was familiar with a legislation that was passed a few years ago indemnifying cities for skateboard parks. City Attorney Taylor explained that there is legislation that declares that cities would not be liable to user 14 years of age or older if the City has an ordinance like the one that is proposed to the Council this evening. Unfortunately this legislation expires next year, but he has heard tallc of the legislation being extended. Because skateboarding is an inherently dangerous activity under the City, with this ordinance, is well protected. Director Pisani explained minors must have a parent sign release form, which will be in a binder at the site. The staff person at the site would check the user in and place a wristband on them. BAKER/MEHAFFEY MOVED TO INTRODUCE THE AND WAIVE THE FIRST READING OF THE ORDINANCE AND PLACE THE ORDINANCE ON THE CONSENT CALENDAR FOR JUNE 5 2002 FOR ADOPTION. MOTION PASSED 4-0-0-1 WITH WALTONSMITH ABSENT. City Council Minutes $ May 15, 2002 OLD BUSINESS 4. REVIEW OF FISCAL YEARS 2002/03 PRELIMINARY BUDGET AND REVIEW PROPOSED FEE STRUCTURE STAFF RECOMMENDATION: Review process for 2002/03 operating budget and accept changes made to the draft annual fee schedule. 7esse Baloca, Administrative Services Director, presented staff report. Director Baloca reported that on May 5, 2002 staff introduced 2002-03 Preliminary Operating Budget. At that time staff gave an overview of what happened in FY 2001-02 covering revenue stability and recovery from recessionary conditions and dedication that occurred during the fiscal year of large reserves and projected end fund balance of $6.6 million FX 2001-02. Director Baloca reported that in FY 2002-03 staff anticipates no reduction to the General Fund reserve. Director Baloca that the FY 2002-03 total would be $15,248,764. Director Baloca noted significant program changes as follows: General Government o City Council -reduced by one-time prior year study's/contributions o Contingency -replenish amount to $200k per Council policy o City Commission -added Arts Commission and increased training o City Manager -increased part-time fro clericaUvacation support and for conferences & City Manager meetings o City Clerk - FY 2002-03election costs o Equipment Operations - 70% reduction in capital equipment o Financial Management - GASB34 continuation and moved part- time budget analyst from City manager's budget o Human Resources -contract service reduction or developing personnel polices and procedures increase city-wide training o Facilities -fire alarm system o MTS -capital reduction and in-house web server host Public Safety • Code Enforceme • Police Services - • Crossing guards Highway 9 • Animal Control nt -capital reduction funded by CLEEP grant - 2002-03 contract approximately 5.5% increase -request fog an additional guard at Oak and -includes wildlife center and less contingency Public Works • Established 5 -Year CIP and remove all CIP from operating budget • Street Maintenance -last year of TEA 21 and Measure B funds to boost PMP City Council Minutes 9 May 15, 2002 • Landscape and Lighting -increase in electrical for street lights and irrigation controllers Development Services • Update of band Use Elements to the general plan and plan checks conducted in-house Environmental Services • Waste management -reduces spring day cleanup participation • Storm Water Mgmt -increased program dues, consulting service budget reduced for Saratoga Creek settlement agreement Recreation • Recreation --Staff allocation changes, increased in program activity and activity guide production costs • Teen Services -Skate park temporary staffing and elimination of weekend ski trip Community Services • Civic Theater -capital for new sound system • Community Access TV -reflects increase in cable franchise fee revenues Debt Service • Parking District & Leonard Road according to debt service schedule • Library Bond -new debt service schedule In regards to personnel services Director Baloca explained: • No new full time employees (FTE's) • Two reclassifications • Assumes complete year of staffing • 8% maximum anniversary adjustment • Increase in recreation part-time to reflect skate park • 4% Memorandum of Understanding -cost of living adjustment • 25% increase in PERS medical by contract Vice Mayor Baker stated that he is not comfortable with the 8% maximum anniversary adjustment -it's sends the wrong message out to the community. Vice Mayor Baker stated that a 12% salary increase across the board in one year creates the wrong perception to the public. Director Baloca noted that the average anniversary increase is 6%. Director Baloca noted the budget is very conservative. Councilmember Bogosian noted that he shares Vice Mayor Baker's concerns; this increase creates the wrong perception and suggested readjusting the percentage downward so it's reflected accurately. Councilmember Mehaffey question the 25% increase to PERS. Councilmember Mehaffey asked if this was a contract between the City and the employees or PERS. City Council Minutes 1 Q May 15, 2002 Director Baloca stated the contract is between the City and PERS. City Manger Anderson explained that this was something the Council agreed to in the last negations with SEA and if it is changed negotiations would have to reopen up with the employees. In regards to the anniversary increase, Mayor Streit noted he would support changing the percentage from 8% to 4% . Councilmember Bogosian suggested that the merit system be reevaluated. City Manager Anderson stated the staff is in the process of rewriting the City's evaluation forms. Director Sullivan and Director Pisani both stated that most of their staff is at the top step and would only receive the 4% cost of living adjustment. Councilmember Mehaffey stated that he does not want to let any staff go. Vice Mayor Baker noted that Directors should exercise judgment and recommend merit increase too commensurate with each individual employee's performance. City Manager Anderson noted that the Human Resource Department is working on developing a methodology that allows significantly less discretion to Directors and supervisor using a checklist of behaviors and performances to measure merit increase. Director Pisani noted that she gives an average merit increase of 5% but most of her employees are at the top step. Vice Mayor Baker suggested that the City conduct bi-annual salary survey. Councilmember Mehaffey stated that the City's budget should reflect the realities of what is happening today. Councilmember Mehaffey stated that the economy has been readjusted, housing has come down regional, rent has lowered, people in Saratoga are getting laid off, so the City's budget should reflect these changes. Consensus of the City Council to change the 8% to 4% for anniversary increase and reevaluate the City's merit system to be more conservative. Director Baloca explained the proposed changes to the fee schedule for FY 2002-03 as follows: Animal Control Fees • Minor license fee increase • Impound boarding fees • Reduced delinquent and replacement tag fees • New return check charge • Trap deposit and rentals City Council Minutes 11 May 15, 2002 Public Works • Work by utility agencies Recreation • Arts and crafts room • Civic theater surcharge Community Development • Charge a flat fee's to initial deposit plus cost recovery • New fees o EIR -Department of Fish & Game requirement o Subdivision Final Map o Tree removal application Regarding the tree removal fee of $25.00, Vice Mayor Baker asked if a person had to pay the fee to remove a dead tree. Director Sullivan responded that proposed fee would apply to any tree that is desired to take down. Ilistorically the City has never charged a fee; recently the City changed how the inspection is done from using a contract employee in Public Works to having the building inspectors or code enforcement inspect the tree and write the report using the city code criteria. Director Sullivan explained that the new process eliminates paying a contract employee extra money and the $25.00 helps cover the cost; although it is not full cost recovery, but would help. Vice Mayor Baker noted that if a dead tree is posing a safety factor he does not support charging a fee to take it down. Director Sullivan noted that he could amend the ordinance to exclude dead trees. Councilmember Mehaffey noted that the City should look at how we allow tree removal services to operate in the City of Saratoga. Councilmember Mehaffey noted that too many trees are cut down without a permit because the contractor claims they did not know they needed a permit. Councilmember Mehaffey asked if the City could require those companies to have proof of a tree removal permit to cut down anordinance-protected tree. Director Sullivan responded that currently the ordinance is focused on the property owner and suggested that the first step could be using the City's business license information and send to all tree companies an informational letter reminding them of the City's tree ordinance. City Attorney Taylor added that the City code prohibits removal or causing to be removed, so the property owner or the company could be held liable. City Attorney Taylor stated that the hard part is enforcement. Councilmember Mehaffey suggested the City run an awareness campaign. Director Sullivan stated that the tree removal process was published in the last Saratogan. City Council Minutes 12 May 15, 2002 On a final noted Director Baloca noted that the FY 2002-03 Operating Budget will be back as a public hearing on June 5, 2002. Mayor Streit thanked Director Baloca for his report. NEW BUSINESS 5. PRESENTATION -DAWN JACKSON, GOVERNMENT AFFAIRS /PG&E STAFF RECOMMENDATION: Informational only. Mayor Streit announced that Dawn Jackson was unable to attend tonight's meeting and would be rescheduled for June 5, 2002. COMMISSION ASSIGNMENT REPORTS Mayor Streit reported that the Public Safety Commission has had ongoing meetings with Blue Hills Elementary School to try and work out traffic issues. Mayor Streit commended the Chair of the Public Safety Commission, Bridgett Ballingall. Vice Mayor Baker reported that the Parks and Recreation Commission has been trying to come up with a recommendation to bring to Council on how Azule Park will be entered from Knollwood Drive. Councilmember Bogosian reported that the Library Expansion Committee recently selected all of the interior the and furiiture for the new library. Also, Councilmember Bogosian reminded everyone about the Friends of the Library fundraising efforts to buy more furniture. Councilmember Mehaffey had no reportable information. CITY COUNCIL ITEMS Mayor Streit reminded everyone that Hakone Gardens would be celebrating "Japan Day" on May 19, 2002 from 12:00 p.m.-500 p.m. Mayor Streit announced that the Saratoga Youth Commission would be hosting "Family Night" at Armadillo Willy's, 20% of your purchase would be donated to help support the Youth Commission. Councilmember Mehaffey pointed out that he has noticed several real estate signs along Cox Avenue and Saratoga-Sunnyvale Road. Councilmember Mehaffey stated that this was unacceptable. City Manager Anderson noted that he would investigate this issue and report back to Council. City Council Minutes 13 May 15, 2002 OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit recessed the meeting at 8:40 p.m. and noted that Council would reconvene to Open Session to discuss the Youth Commission appointments in the Administrative Conference Room. After completing discussion of Youth Commission appointments, Mayor Streit adjourned the meeting at 9:20 p.m. City Council Minutes 14 May 15, 2002