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HomeMy WebLinkAbout04-18-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL APRIL 18, 2001 The City Council of the City of Saratoga met in open session in the Administrative Conference Room at 4:30 p.m. to interview applicants for the Public Safety Commission and Planning Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fmitvale Avenue at 6:10 p.m. Initiation of litigation (Government Code Section 54956.9(c): (1 potential case). Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Employees Association MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Mayor Mehaffey reported there was Council discussion but no reportable action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:06 p.m. and requested Chief Emie Kraule to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services Paula Reeve, Administrative Analyst John Cherbone, Director of Public Works Heather Bradley, Assistant Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 7, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of April 18, 2001 was properly posted on April 13, 2001. City Council Minutes 1 April 18,2001 COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS The following person spoke at tonight's meeting: Beverly Phipps, 15270 Norton Road, expressed his concerns in regards to the safety on Bohlman Road. Mr. Phipps suggested that a second access road be built on Bohlman Road. COUNCIL DIRECTION TO STAFF Mayor Mehaffey suggested that Mr. Phipp's comments and suggestion be discussed at the Joint Meeting on April 24, 2001. CEREMONIAL ITEMS iA. PROCLAMATION - DECLARING TIlE WEEK OF APRIL 22-28, 2001 "NATIONAL VOLUNTEER APPRECIATION WEEK" STAFF RECOMMENDATION: Read proclamation. Mayor Mehaffey read the proclamation. lB. COMMENDATION-LOU DE GIVE STAFF RECOMMENDATION: Read commendation. Mayor Mehaffey read the proclamation and presented it to Mr. Lou de Give. lC. COMMENDATION-ANNE CAMPBELL STAFF RECOMMENDATION: Read commendation. Mayor Mehaffey read the proclamation. City Council Minutes 2 April 18, 2001 CONSENT CALENDAR 2A. APPROVAL OF COUNCIL MINUTES OF: REGULAR MEETING- APRIL 4, 2001 STAFF RECOMMENDATION: Approve submitted minutes. BOGOSIAN/STREIT MOVED TO APPROVE MINUTES OF APRIL 4, 2001 CITY COUNCIL MINUTES. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve the check register. BOGOSIAN/STREIT MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. OLD BUSINESS None Mayor Mehaffey noted that it was not the appropriate time to begin the Public Hearing and requested that the City Council move to Item #6. Consensus of the City Council to move to Item #6. NEW BUSINESS RESOLUTION ENDORSING AB 613 INTRODUCED BY ASSEMBLY MEMBER COHN STAFF RECOMMENDATION: Adopt resolution. Richard Taylor, City Attorney, presented staff report. Attorney Taylor explained that Assembly Member Cohn introduced Assembly Bill 613 that would require community college districts to abide by use permit conditions that were originally proposed by those districts. Attomey Taylor noted that Government Code §53094 authorizes community college districts to exempt themselves from local zoning ordinances under certain circumstances. A district board of director may exempt a proposed use from local zoning if two-thirds or more of the district board votes in favor of the exemption. Attomey Taylor explained that AB613 would correct this situation. The bill would provide that a community college district may not exempt a proposed use if that use would conflict with a use permit condition proposed by the district and adopted by the local government. The bill would apply City Council Minutes 3 April 18,2001 retroactively and would also make various technical corrections to sections 53094. Dave Anderson, City Manager, noted that the League of California Cities sent a letter supporting this bill. BOGOSIAN/BAKER MOVED TO ADOPT RESOLUTION SUPPORTING AB 613. NOTION PASSED 5-0. Councilmember Bogosian noted that although he has to recuse himself from any discussions over the years regarding West Valley College, he fully supports the resolution. Consensus of the City Council to move to Item #7. NEW BUSINESS AUTHORIZATION TO CITY MANAGER TO EXECUTE AMENDED CONTRACT WITH GREG ING & ASSOCIATES FOR AZULE PARK CONCEPTUAL PLAN STAFF RECOMMENDATION: Authorize execution of agreement. John Cherbone, Director of Public Works, presented staff report. Director Cherbone noted that at the City Council and Parks and Recreation Commission Joint meeting on March 27, 2001, Council directed staff and the Parks and Recreation Commission to move forward with the preparation ora conceptual plan for improving the undeveloped Azule site into a neighborhood park. Director Cherbone noted that in order to move ahead on the project as expeditiously as possible, staff and the Parks and Recreation Commission recommended that Greg Ing& Associates, who are currently the City's landscape architects for the Congress Springs Park Improvement Project, prepared a conceptual plan for Azule Park in the amount of $19,800.00. This will save approximately two months in the process, and allow plenty of time to develop a project scope and a cost estimate so the Azule Park Improvement Project can be considered in the upcoming Capital Improvement Plan. Councilmember Baker asked if the neighbors have been included in this proposal. Director Cherbone noted that he has been in personal contact with the neighbors of Azule Park. Vice Mayor Streit noted that he fully supports moving forward with the proposal from Greg Ing& Associates. City Council Minutes 4 April 18, 2001 Mayor Mehaffey asked what account would the $19,800.00 be allocated from. Director Cherbone responded that the $19,800.00 would be adopted in the budget under Capital Improvement Plan/Park D~velopment. STREIT/BOGOSIAN MOVED TO APPROVE PROPOSAL FROM GREG ING & ASSOCIATES IN THE AMOUNT OF $19,800.00 FOR PREPARATION OF A CONCEPTUAL PLAN FOR AZULE PARK. MOTION PASSED 5-0. PUBLIC HEARINGS PETITION OF ANNEXATION: 19770 GLEN UNA DRIVE, LANDS OF ESCHEN/ESCHENROEDER. APN: 510-26-047 STAFF RECOMMENDATION: Approve petition of annexation and adopt resolution. Heather Bradley, Assistant Planner, presented staff report. Assistant Planner Bradley explained that by agreement with the County of Santa Clara and the Local Agency Formation Commission (LAFCO) an annexation to the City is generally required when development is proposed on parcels that are contiguous to the City boundary and that are located within the City's Urban Service Area (USA). Owners of these contiguous parcels may request a waiver from annexation if they desire to develop under County regulations. Assistant Planner Bradley reported that the requested petition relates to a lot with an existing residence that is situated on Glen Una Drive across from the City boundary to the north and adjacent to the boundary on the east. This adjacent parcel was annexed to the City in 1984. The parcel located at 19770 Glen Una Drive meets all requirements of the Hillside Residential zoning district. Assistant Planner Bradley reported that the Planning Commission reviewed the annexation request, along with the Design Review application, on November 21, 2000. Assistant Planner Bradley explained that the project involves demolition of an existing 3,101 square foot residence, 1,068 square foot detached garage and 940 square foot barn, totaling 5,109 square feet. The applicants propose to construct a new two-story residence with a first floor of 5,052 square feet and a second floor of 519 square feet with a 760 square foot detached guesthouse for a total square footage of 6,331 square feet. Attorney Taylor noted that the laws regarding annexations changed this year, so the resolution tonight would have to be amended, clearly stating that the application was submitted prior to the date the new laws took effect. Attorney Taylor noted that the effective date on the annexation would be when the City of Saratoga executes a property tax exchange agreement with the County of Santa Clara. City Council Minutes 5 April 18, 2001 Mayor Mehaffey opened the Public Heating at 7:36 p.m. and invited any public comments. Mary Eschnen/property owner, 19770 Glen Una Drive, noted that she looks forward to being a Saratoga resident. Scott Eschenroeder/property owner, 19770 Glen Una Drive, questioned if the property tax exchange agreement that the City Attorney mentioned would delay his project. Attorney Taylor responded that he would direct staff to contact the County Assessors Office immediately. Mayor Mehaffey closed the Public Heating at 7:40 p.m. Councilmember Bogosian question who would maintain the road in front of the house if the annexation were approved by the City Council. Assistant Planner Bradley responded that the City would have to maintain the road in front of 19770 Glen Una Drive. Mayor Mehaffey asked about the current condition of Glen Una Drive. John Cherbone, Director of Public Works, responded that Glen Una Drive does not have curbs or gutters and is currently up to the County's road condition standards. Director Cherbone noted that the property taxes from the parcel, if annexed, would more than suffice to maintain the road. WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION APPROVING THE PETITION OF ANNEXATION FOR THE PROPERTY LOCATED AT 19770 GLEN UNA DRIVE. MOTION PASSED 5-0. NEW BUSINESS 4. PRESENTATION ON GASB 34 STAFF RECOMMENDATION: Informational only. Mary Jo Walker, Director of Administrative Services, noted that the City is in the process of implementing Governmental Accounting Standards Board Pronouncement No. 34 (GASB34). Director Walker noted that Nazzi Raissian, a partner with the City's audit firm of Caporicci, Cropper, and Larson, would make a brief presentation. Nazzi Raissian briefly provided the City Council a broad perspective of the requirements of GASB34 and an overview of the implementation process. City Council Minutes 6 April 18, 2001 Ms. Raissian noted the first step, count and valuation the City's infrastructure assets, has already been completed. A discussion took place regarding the implementation process to comply with GASB 34 and what it would cost the City of Saratoga to be in compliance. Mayor Mehaffey thanked Ms Raissina for the report. 5. CITY REGULATION OF FiRE DISTRICT OPERATING STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attomey, presented staff report. Attorney Taylor explained that at the April 4, 2001 City Council meeting staffwas directed to prepare a report concerning the City's ability to regulate or control the provision of the fire protection services within the City. Attorney Taylor noted that his office concluded that the City may not regulate the Fire Protection Districts which serve the City of Saratoga. The City may adopt fire protection policies and urge the Districts to operate in a manner that is consistent with those policies. In lieu of regulating or seeking to influence the Districts, the City may seek to assume responsibility for providing fire protection services within the City by petitioning the Santa Clara County Local Agency Formation Commission to reorganize the two districts in a manner that would allow the City to assume responsibility for providing fire protection services. Attorney Taylor noted that in response to requests from the community, the City through its Public Safety Commission, has been investigating the provision of fire protection services in the City. In connection with this inquiry, the City Council requested a report on the City's authority to regulate the provision of fire protection services in the City. Attorney Taylor briefly described the three ways the City could regulate the fire districts: 1. Regulatory Authority - The City derives its regulatory authority from Article XI, section 7 of the California Constitution, which gives each city the power to "make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws. This does not imply to the State of California or its agents. The City has the right to make sure local building and zoning codes are followed. This local regulation only extends to land use matters not to issues such as standards of service for fire protection. City Council Policy Guidance - The City may seek to influence the manner in which service is provided in a number of ways. For example, the City may adopt policy statements, direct City staff to consult with District officials regarding issues affecting the City, or offer financial assistance to assist in the acquisition of equipment to enhance services provided in the City. If Minutes 7 April 18, 2001 the City Council determines that certain fire protection practices and procedures are warranted in the City, it could adopt a resolution establishing a City policy to that effect. Although the resolution would not be binding on the fire Districts the Council could direct staff to pursue a cooperative planning process with the Districts to identify any additional measures that may be needed to implement the policy. If the City wished to make the policy binding on the Districts, it could request that the Districts adopt the policy, perhaps through a memorandum of agreement with the City. A variant of this approach would involve a formal contract between the City and a fire District whereby the City provides specified funds or services in exchange for the District's agreement to abide by specified performance standards. The specific manner in which any such cooperative program would be implemented would depend on the City's particular policy objectives and the willingness of each District to cooperate with the City. In addition, it is important to note that the City is free to use its land use and other governmental powers to adopt policies and ordinances to enhance fire prevention and control in the City. The City has akeady taken steps in this direction such as requiring all roofing materials to be fire retardant, administering the fire hazard nuisance abatement program, and requiring early warning fire alarm systems in new construction. The City can also promote fire protection through the manner in which designs of street improvements and other public works and require the installation of fire hydrants. These measures do not involve regulation or control of the fire districts but have been developed cooperatively with the districts over the years to enhance fire protection in the City. There may be additional such measures that could be explored together with the Districts. Assumption Control - A third approach to regulating or controlling the provision of fire services within the City would be for the City to assume responsibility for providing fire protection services within the City. This would involve filing a resolution with the Santa Clara County Local Agency Formation Commission (LAFCO) requesting a reorganization of the two existing fire protection districts in a manner that leaves the City with responsibility for and control of fire protection within the City. This approach requires the approval of LAFCO. In order to proceed with reorganization, the City would file an application for the reorganization with the LAFCO. That application would include a "Plan for Services" demonstrating how the City would provide the fire protection services currently provided by the two districts. LAFCO would evaluate that plan and any alternative plans submitted by the Districts or the public through a formal heating process. The specific manner in which the application would be reviewed would depend on the specific form of the reorganization requested and the position of the Districts with respect to the application. A discussion took place in regards to LAFCO's process in reorganizing the City's boundaries if the current fire services were changed. City Council Minutes 8 April 18,2001 Councilmember Baker clearly stated that he has not seen enough information supporting either side, which would allow him to form an educated opinion on the current situation. Councilmember Baker requested that both, the Saratoga Fire District and the Santa Clara County Fire District prepare a report on the pros and cons of the service provided. Councilmember Bogosian noted that whatever the City decides to do, the citizens of Saratoga must be included in all discussions. David Dolloff, 20685 Sigal Drive, concurred with Councilmember Baker and noted that he had the Santa Clara County Fire's report and would be submitting it to the City Council. Mr. Dolloffreported that on April 11, 2001, FACT presented the same packet of information to LAFCO. Mr. Dolloffrequested that the City put the Saratoga Fire District's permits for the new fire station on hold until the citizens know which District will be running it. Mr. Dolloff noted that the design of the proposed station has not been designed for future growth of people or equipment. For example, Mr. Dolloffnoted that the bay doors were not big enough for some specialty fire equipment that the Shnta Clara County Fire Department uses. Chief Emie Kraule/Saratoga Fire District briefly explained the design of the proposed fire station and noted that the proposed bay doors are even bigger than the current ones, which has never been a problem. K.B. Walter, 20281 Blauer Drive, noted that she agreed with Councilmember Baker that it is critical that the City Council have all the information from both sides. Ms. Walter noted that the proposed fire station is not being built up to par and that the bond money is being misused. Art Marshall/Santa Clara County Fire Department, noted that several surrounding cities that contract with the Santa Clara County Fire have submitted letters of recommendation and support. Mayor Mehaffey reminded everyone present that a Joint Meeting with the Public Safety Commission, SCC Sheriff's Department, Saratoga Fire District, and Santa Clara County Fire Department would be on April 24, 2001. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT - PRELIMINARY APPROVAL OF ENGINEER'S REPORT AND ADOPTION OF RESOLUTION OF INTENTION FOR FY 2001/02 STAFF RECOMMENDATION: Adopt resolution. John Cherbone, Director of Public Works, presented staffreport. Director Cherbone explained that the two resolutions before the City Council tonight are to continue the process for renewing the Landscaping and Lighting Assessment District LLA-1 for FY 01-02. City Council Minutes 9 April 18,2001 Director Cherbone noted that the first resolution would adopt preliminary approval of the Engineer's Report for FY 01-02. The second resolution sets the date and time for the Public Hearing on June 6, 2001, of the intention to order the levy and collection of assessments. Director Cherbone noted that all the costs associated with the District are recovered via the assessments except for indirect costs. Councilmember Baker requested that a notice be sent to all the affected property owners informing them of the public hearing on June 6, 2001. Councilmember Bogosian concurred with Councilmember Baker. Director Cherbone responded that staff will prepare a notice to be mailed to all property owners in the LLA-1 District. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION GRANTING PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT FOR FY 01-02. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION OF INTENTION FOR FY 01-02. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH COUNTY OF SANTA CLARA FOR FY 2000-2001 STAFF RECOMMENDATION: Authorize execution of agreement. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve reported that the contract before the City Council tonight will designate the Santa Clara County Housing and Rehabilitation Program as administrators of the Saratoga Housing Assistance and Rehabilitation Program (SHARP) and transfer the lump sum of revolving housing rehabilitation loan funds to the Santa Clara Housing Rehabilitation Program. Analyst Reeve noted the City of Saratoga would pay the County $20,000.00 to administrate its housing Rehabilitation Program and complete four projects per year. This is a $5,000.00 increase from previous years for housing rehabilitation services. Councilmember Baker stated that he did not support the County's effort to take control over local government funds. Analyst Reeve noted that the County did not initiate this contract; in fact, it was requested by the various cities throughout the area. Analyst Reeve noted that the City's primary function would be to market and refer residents to the County for the application process. City Council Minutes 10 April 18,2001 BOGOSIAN/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT FOR THE FY 00-01 CDBG/SHARP PROGRAM. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Mayor Mehaffey reported the following information: · _ABAG - General Assembly meeting took place on April 12, 2001. Discussions took place in regards to the HCD numbers. Due to the rising cost of living the Board passed an increase in dues. Vice Mayor Streit reported the following information: · Legislative Task Force - at the next meeting the Task Force would go over the new energy bills. · Santa Clara County Water - meeting next week. Councilmember Baker reported the following information: · HCD - discussed the recommendations to be sent to the County Board of Supervisors for allocations of grant funds. KSAR - reported that the acting general manager's term would expire on May l, 2001. Also, efforts are still underway to develop a comprehensive inventory and replacement program. · West Valley Sanitation District - in the process of redoing and identifying the offenders on 4th Street in the Village. Councilmember Bogosian reported the following information: · Library JPA - noted that the Saratoga Library should be receiving $4,000.00 from the County to buy furniture. Santa Clara County Animal Control JPA - noted that interviews took place for the position of General Manager and the panel has narrowed the applicants down to two candidates. Also, the JPA recently purchased two trucks. Field operation must be up and running by July 1, 2001. Councilmember Waltonsmith reported the following information: · SASCC - reported that Mary Goulart, Executive Director, has resigned to take a position at the Odd Fellows Home. Valley Transportation Authority - briefly explained four agenda items that were discussed at the last meeting in regards to Measure B, TDA, TFCA, and an increase in agency fees (which did not pass). City Council Minutes 1 l April 18, 2001 CITY COUNCIL ITEMS Councilmember Baker requested a status report on Prides Crossing. Referring to a letter he received, Councilmember Baker urged Saratoga to prepare a similar letter to the City of Campbell opposing SB 901. Councilmember Waltonsmith requested a status report on the proposed FAA Over Flight Plan. Mayor Mehaffey responded that he received the report from the FAA, looked it over and forwarded it to the City Manager. City Manager Anderson noted that Director Cherbone has the report and is reviewing it. Councilmember Waltonsmith noted that the League of California Cities has invited cities Youth Commissions to participate in the League's annual conference in September. Councilmember Waltonsmith suggested that a few members of the Saratoga Youth Commission attend this conference. Councilmember Waltonsmith noted that she took a tour of Rodeo Creek with Don Whetstone and noticed an out fill problem, which is causing a cesspool to form. City Manager Anderson responded that he would direct staff to contact Cupertino Sanitary District. Councilmember Waltonsmith noted that due to the recent fee increases, PG&E is now offering to do an analysis of rates on any household if you call the 1-800 number located at the bottom of your PG&E bill. Councilmember Waltonsmith suggested putting this phone number in the next Saratogan. OTHER Vice Mayor Streit requested that staff contact KSAR and have them repair the broken camera in the Adult Day Care Center. Mayor Mehaffey requested that staff consider including property owners who experience lateral problems to be included in the septic ordinance. Attorney Taylor responded that staff would be bringing a status report to Council on May 16, 2001. Included in that report will be several options and suggested the next steps that the City Council may want to consider. CITY MANAGER'S REPORT City Manager Anderson noted that he would be participating in the interview process for the new General Manager at KSAR. City Council Minutes 12 April 18,2001 City Manager Anderson reported that the Saratoga Chamber of Conunerce would like to hold a mixer in the Civic Center courtyard sometime this summer to welcome the new Executive Director and Economic Development Director. ADJOURNMENT There ~b eing..no..further business Mayor Mehaffey adjoumed the meeting at 9: 35 p .m. //~sp6ct fu~d~, City Council Minutes 13 April 18,2001