Loading...
HomeMy WebLinkAbout06-06-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL June 6, 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 Youth Commission and Planning Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:05 p.m. Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Employees Association Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Management Association Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) 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 Mehaffey reported there was Council discussion but no reportable action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:02 p.m. and requested Lee Blair, Youth Commissioner, 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: City Council Minutes Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services 1 June 6, 2001 John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director Paula Reeve, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 6, 2001 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 6, 2001 was properly posted on June 1,2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC COMMUNICATIONS FROM BOARDS AND COMMISSIONS James Ballingall, Youth Commissioner, noted that during the past couple of years, kids have been left at the Community Center dances beyond the end of the event. Mr. Ballingall reminded the Council that this was a topic of discussion for the Commission at the joint meeting with the City Council in May. Mr. Ballingall noted that this item has been placed on the first agenda in August 2001. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. COMMENDATION FOR TANNAZ ALTAFI, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the proclamation and noted that Ms. Altafi was unable to attend tonight's meeting. lB. COMMENDATION FOR LEE BLAIR, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the commendation and presented it to Mr. Blair. City Council Minutes 2 June 6, 2001 1 C. COMMENDATION FOR JEN LEVIN, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the proclamation and noted that Ms. Levin was unable to attend tonight's meeting. 1D. COMMENDATION FOR MIEKA SYWAK, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the proclamation and noted that Ms. Sywak was unable to attend tonight's meeting. 1E. COMMENDATION FOR NICOLETTE KIRK, YOUTH COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the commendation and presented it to Ms. Kirk. CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING - MAY 8, 2001 ADJOURNED MEETING - MAY 22, 2001 Councilmembcr Bogosian removed item 2A from the Consent Calendar. Councilmember Bogosian requested the following comments be added to the minutes of May 8, 2001: · Page 8, 3rd Paragraph - Councilmember Bogosian noted that last year the Chamber was asked by the Council to provide sales tax revenue as a standard by which the Chamber's contributions could be judged. The Chamber chose not to discuss that request. BAKER/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 8, 2001 AS AMENDED. MOTION PASSED 3-0-0-2 WITH MEHAFFEY AND STREIT ABSTAINING. Councilmember Bogosian requested the following corrections be made to the minutes of May 22, 2001: · Page 3, 3ra paragraph - Councilmember Bogosian noted that citizens have asked him why construction has been scaled back at Foothill and Argonaut. Councilmember Bogosian noted that the current estimate for all of the City Council Minutes 3 June 6, 2001 construction is over $55 million and the bond was passed for roughly $50 million. Councilmember Bogosian questioned why the demographics called for classrooms before the bond, but after there was a cost overrun the demographics no longer called for these classrooms. Page 4, 3r° paragraph, Councilmember Bogosian noted public safety is our first priority. If the City lost the Vehicle License Funding (VLF) there would have to be cut backs in law enforcement. Councilmember Bogosian suggested that Saratoga Union School District increase teachers salaries. Page 6, 3ra paragraph, Councilmember Bogosian suggested that the Friends could negotiate payment for custodial services. BAKERfBOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 22, 2001 AS AMENDED. MOTION PASSED 3-0-0-2 WITH MEHAFFEY AND STREIT ABSTAINING. 2B. REVIEW OF CHECK REGISTER 2C. STAFF RECOMMENDATION: Approve the check register. STREIT/WALTONSMITH MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT FOR SARATOGA PUBLIC LIBRARY PROJECT - TEMPORARY FACILITIES STAFF RECOMMENDATION: Approve authorization to execute contract. John Cherbone, Director of Public Works presented staff report. Director Cherbone reported that sealed bids for the Saratoga Public Library Project - Temporary Facilities were scheduled to open on May 31. Unfortunately, no bids were received on the project. Interviews with the plan holders suggested various reasons for not submitting bids such as; too many current projects and being uninterested in participating in the public bid process. Director Cherbone explained that staffwas able to negotiate a construction contract and lease agreement with William Scotsman Modular Buildings of Vacaville in time to award a contract at tonight's meeting. Director Cherbone noted that with the legal bid process completed, and no bids received, the City was able to legally negotiate with interested contractors in a less formal manner. William Scotsman was the only contractor interested in this project. Councilmember Bogosian asked if the amount of this project was within the budgeted amount set for temporary library facilities. city Council Minutes 4 June 6, 2001 Director Cherbone responded that the amount was within budget, leaving $20,000.00 for utility work needed on the temporary site. Director Cherbone noted that the contractor has been instructed to complete this project by August 10, 2001. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONTRACT TO WILLIAM SCOTSMAN MODULAR BUILDING OF VACAVILLE IN THE AMOUNT OF $256,017.00. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $46,600.00. 2D. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO ABLE SEPTIC TANK SERVICE FOR SANITARY SEWER CONNECTION STAFF RECOMMENDATION: Approve authorization to execute contract. Councilmember Baker removed Item 2D from the Consent Calendar. Councilmember Baker questioned a portion of the Septic Abatement Ordinance - that the decision to fund or exempt any homeowner for financial reasons or to pay for their sewer connection out of the special fund set aside, was a subject restricted only to members of the City Council. Richard Taylor, City Attorney, responded that the ordinance states that the Council would make hardship determination for extensions until the house was sold. The action before the Council tonight is taken under the City's CDBG program, which is to provide money for prompt compliance. City Attorney Taylor explained that the Septic Abatement Ordinance only addresses the time extension question and not the financial assistance question. Councilmember Baker asked who determines the need for CDBG money. City Attorney Taylor responded that an established criteria for CDBG exists that defines who is eligible to receive these funds. Paula Reeve, Administrative Analyst, responded that the criteria is based on a program income limit for persons and households and the City receives that criteria from the County Housing and Community Development. Councilmember Baker expressed concern on the fact that the Council does not know whom the identity of the person receiving CDBG money. Councilmember Baker suggested that this item be. considered under a closed session agenda, if disclosure of CDBG recipient information is restricted due to rights of privacy. city Council Minutes 5 June 6, 2001 City Manager Anderson noted that this is a low-income program and staff felt it was appropriate to w~thhold the party identity and allow them to avoid any public exposure. City Attorney Taylor responded that there is no basis under the Brown Act to hold a closed session meeting on this subject. City Attorney Taylor noted that the County has determined that this party has met the criteria and qualifies for CDBG money. Councilmember Baker noted that he does not agree with the County's process. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONTRACT TO ENABLE SEPTIC TANK SERVICE FOR SANITARY SEWER CONNECTION. MOTION PASSED 4-1 WITH BAKER OPPOSING. Mayor Mehaffey noted that it was the appropriate time to begin the public hearings. PUBLIC HEARINGS APPROVAL OF ENGINEER'S REPORT AND CONFIRMATION OF ASSESSMENTS FOR FY 2001-02 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT LLA-1 TITLE OF RESOLUTION: 01-034 A RESOLUTION OF THE CITY COUNCIL ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FY 2001-02 LLA-1 STAFF RECOMMENDATION: Adopt Resolution Ordering the Improvements and Confirming Diagram and Assessments for FY 2001-02. Director Cherbone presented staff report. Director Cherbone requested that the City Council adopt the final Resolution in order to complete the renewal of the Landscaping and Lighting Assessment District LLA-1 for FY 2001-02. Once adopted, the Resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal year. Director Cherbone noted that per the direction of the Council, staff sent informational letters to each property owner within each Zone in the Assessment District describing what the District's function is and what the amount of their proposed assessment will be. A total of 3,798 letters were mailed. Mayor Mehaffey opened the public hearing at 7:33 p.m. and invited any public comments. No one from the audience requested to speak on this subject. city Council Minutes 6 June 6, 2001 Mayor Mehaffey closed the public hearing at 7:34 p.m. BAKEPJSTREIT MOVED TO ADOPT RESOLUTION ORDERING TIlE IMPROVEMENTS AND CONFIRMING TIlE DIAGRAM AND ASSESSMENT FOR LLA-1 FOR FY 2001-02. MOTION PASSED 5-0. APPEAL OF PLANNING COMMISSION DENIAL OF DR-00-054 & V-01- 002 (517-14-087)- MARTIN/ROSE, KITTRIDGE ROAD STAFF RECOMMENDATION: Continue Public Heating at the request of City Staff. Tom Sullivan, Director of Community Development, presented staff report. Director Sullivan explained that the applicant has requested Design Review and Variance approval to construct a new 7,272 square foot two story residence on a 347,173 square foot vacant parcel. The Variance is necessary for the retaining walls to exceed five feet in height and possibly closer than 10 feet for parallel walls. The Variance is also necessary to exceed 15,000 square feet of impervious surface due to a long driveway. Maximum height of the structure is 226 feet tall, located within a Hillside Residential zoning district. Director Sullivan explained that due to concerns of drainage affecting the lower elevation property the project was appealed. Staff visited the site and made recommendations/revisions to the plans. To date the applicant's engineer is still working on the design, and progress is moving forward, although not yet resolved. Director Sullivan requested that Council continue the item to the June 20, 2001 meeting to allow the design to be finalized and agreed upon by both parties. STREIT/BAKER MOVED TO CONTINUE APPEAL TO THE JUNE 20, 2001 CITY COUNCIL MEETING. MOTION PASSED 5-0. RESOLUTIONS ADOPTING THE CITY BUDGET FOR FISCAL YEAR 2001-02 AND 2002-03. TITLE OF RESOLUTION: 85-9. 130 A RESOLUTION OF THE CITY OF SARATOGA AMENDING THE CITY'S CLASSIFICATION PLAN TITLE OF RESOLUTION: 85-9.131 A RESOLUTION OF THE CITY OF SARATOGA IMPLEMENTING STAFFING CHANGES AND AUTHORIZING POSITIONS IN THE CITY SERVICE FOR FY 2001-02 TITLE OF RESOLUTION: 01-038 A RESOLUTION OF THE CITY OF SARATOGA ESTABLISHING THE FY 2001-02 APPROPRIATION LIMIT FOR THE CITY OF SARATOGA City Council Minutes 7 June 6, 2001 TITLE OF RESOLUTION: 01-037 RESOLUTION OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES TITLE OF RESOLUTION: 01-036 A RESOLUTION OF THE CITY OF SARATOGA ADOPTING THE BUDGET FOR FY 2001-02 & 2002-03, MAKING APPROPRIATIONS, AND AUTHORIZING CARRYOVERS THERETO AND EXPENDITURES THEREFROM STAFF RECOMMENDATION: Conduct the Public Hearing to receive input on the Fiscal Years 2001-02 and 2002-2003 budget; ADOPT THE FOLLOWING RESOLUTIONS: A. Resolution of the City Council of the City of Saratoga amending the City's Classification Plan. B. Resolution of the City Council of the City of Saratoga implementing staffing changes and authorizing positions in the City service for FY 2001-02. C. Resolution of the City Council of the City of Saratoga establishing the FY 2001-2002 Appropriation Limit. D. Resolution of the City Council of the City of Saratoga establishing a schedule of fees. E. Resolution of the City Council of the City of Saratoga adopting the budget for FY 2001-02 and 2002-03 making appropriations and authorizing carryovers thereto and expenditure therefrom. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker noted that the City Council was given a draft budget on April 27th and two study sessions were held on May 2, 2001 and May 16, 2001. Mayor Mehaffey opened the public hearing at 7:41 p.m. and invited any public comments. No one from the audience requested to speak on this subject. Mayor Mehaffey closed the public hearing at 7:42 p.m. Vice Mayor Streit noted that the City should look at the Fee Schedule at midyear due to the fact that prices (ie. PG&E and payroll) are rising and the City should make sure we are getting full cost recovery. Mayor Mehaffey noted that the Park Development fee seems low and concurred with Vice Mayor Streit on reviewing the fees in six months. STREIT/BAKER MOVED TO ADOPT RESOLUTION AMENDING THE CITY'S CLASSIFICATION PLAN. MOTION PASSED 5-0. City Council Minutes 8 June 6, 2001 STREIT/BAKER MOVED TO ADOPT RESOLUTION IMPLEMENTING STAFFING CHANGES AND AUTHORIZING POSITIONS IN THE CITY SERVICE FOR FY 2001-02. MOTION PASSED 5-0. STREIT/BAKER MOVED TO ADOPT RESOLUTION ESTABLISHING THE FY 2001-02 APPROPRIATION LIMIT. MOTION PASSED 5-0. STREIT/BAKER MOVED TO ADOPT RESOLUTION ESTABLISHING A SCHEDULE OF FEES. MOTION PASSED 5-0. STREIT/BAKER MOVED TO ADOPT RESOLUTION ADOPTING THE BUDGET FOR FY 2001-02 AND 2002-03 MAKING APPROPRIATIONS AND AUTHORIZING CARRYOVERS THERETO AND EXPENDITURES THEREFROM. MOTION PASSED 5-0. Mayor Mehaffey thanked Director Walker. Mayor Mehaffey requested the Council move to Item #8. Consensus of the City Council to move to Item #8. NEW BUSINESS 8. FIRE SERVICE ENHANCEMENT OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the City Council met at an adjourned meeting with the Public Safety Commission on April 24, 2001 and held a public forum on Fire District issues at that meeting. As an outcome of the public forum, the City Council instructed staff to place an item on the regular Council agenda to allow for discussion to consider three questions: 1) Should the City conduct further studies of Fire District service enhancement issues to provide more information and analysis that would lead to clear resolution of the issue? 2) Following such a study should the City initiate an election of Saratoga residents to provide advice or compel a specific outcome concerning the resolution of the Fire District service enhancement issue? 3) Should the City Council halt the construction of the new fire station because of Fire District service enhancement issues? City Manager Anderson explained that DMG Maximus has extensively studied the enhancement of service delivery options or consolidation with Central Fire District. Their study was published in October 2000. On March 8, 2001 the Saratoga Public Safety Commission Study Committee released its Report on city Council Minutes 9 June 6, 2001 Fire Protection Delivery. The Study Committee's mission was to "evaluate the adequacy of the current fire protection delivery system to meet the basic public safety and paramedic needs of Saratoga residents and businesses." The Committee's primary finding was that the District was adequate. City Manager Anderson noted that on April 4, 2001, the Firefighters and Citizen's Task Fome (FACT) issued a rebuttal to the report published by the Public Safety Commission, objecting to its conclusions. The FACT report supports the proposed N.F.P.A. Standard 1710 as the definition of an appropriate fire response effort, which requires 13 firefighters. The report also stated that the Saratoga Fire District invokes mutual aid on every structure fire in Saratoga, overusing a voluntary reciprocal program and delaying the response of needed additional fire apparatus to the scene of the fire. City Manager Anderson noted that on March 15,2001 the Saratoga Fire District issued an RFP for contract fire protection emergency medical, and communications services. The Santa Clara County Central Fire Protection District and California Department of Forestry provided responses to the SFD on May 7, 2001. A public heating to review the RFP from CDF and Central Fire is scheduled for June 12, 2001. City Manager Anderson noted that staff is recommending that Council encourage the SFD to focus on the RFP process and follow it through to its conclusion in a fair, open and public manner. In regards to holding an election, to ascertain the will of the voters, City Attorney Taylor explained two approaches the City could take; 1) Advisory election, which is not binding on Council or any other District and with the approval from the County Board of Supervisor, people residing outside city limits could participate; 2) LAFCO process, which means any organizational changes ordered by LAFCO require the approval of the voters within the territory directly affected by the proposed changes. In regards to the fire station construction, City Attorney Taylor explained that the Planning Commission would be reviewing the SFD's applications for a use permit and temporary use permit on June 13, 2001. The Planning Commission would be considering the land use implications allowing the respective project site to be used as an expanded fire station and temporary fire station. Because the organizational and operational issues do not pertain to the land use issue relating to the use of the land upon which the stations will be located, those issues have no beating on the use permit issue. Central Fire has informed the City that the building design proposed by SFD would work under any scenario contemplated by the Commission. Kevin Scholt, 19036 Saratoga Glen, explained the proposed County merger with SFD. City Council Minutes 10 June 6, 2001 Aaron Katz, PO Box 116, commended City Manager Anderson for an excellent report. Mr. Katz noted he supports both an advisory election and participation in the LAFCO process. Mr. Katz offered two more alternatives; 1) the City not allow the SFD to use the 531 square feet of public land; 2) the City might exercise their power of imminent domain. John Keenan, 22215 Mt. Eden Road, thanked City Manager Anderson for his efforts in working with the SFD. If the SFD goes with the proposed boundary drop, an oversight committee is required to be formed. The proposed oversight committee would include a member of the City Council. Mr. Keenan suggested the committee make the SFD accountable for their actions. David Dolloff, 20685 Sigal Way, thanked Mr. Anderson for his report and noted that the report was along the same beliefs of the FACT conunittee. In regards to the bond that was passed, Mr. Dolloff noted that the FACT committee feels that there is going to be an overage of $1-$2 million dollars. Mr. Dolloff explained that there are only 4000 households carrying the bond and if the amount goes over, he doubts residents would support another bond. Ed Farrell, 20877 Kittridge Road, noted that he listened to the tape recording of the study session meeting between the Saratoga Fire Commission and bidders to the RFP. Mr. Farrell noted that County Fire offered three proposals to SFD. Mr. Farrell suggested that the Commission take the proposals as malleable and subject to improvement. Councilmember Baker noted that on June 12, 2001 the SFD would be holding a public hearing to discuss all of the RFP's and asked when the Saratoga Fire Commission would be making a decision on which RFP to accept. Bob Eagan, Saratoga Fire Commissioner, responded that the Commission hopes to make a decision that evening. Mayor Mehaffey noted that the City Council should not make any decisions in regards to fire protection service until after the Saratoga Fire Commission completes the RFP process and the Planning Commission reviews the SFD plans. Vice Mayor Streit noted he is not happy with the current joint fire protection service in the City, and stated that he would take action if the situation does not change. Councilmember Bogosian noted he supported continuing the building process of the new station. Councilmember Bogosian thanked everyone who has participated in the process thus far. Mayor Mehaffey thanked City Manager Anderson for all the work he has done in regards to this issue: city Council Minutes 11 June 6, 2001 Mayor Mehaffey declared a ten-minute recess at 8:30 p.m. Mayor Mehaffey reconvened the meeting at 8:40 p.m. OLD BUSINESS AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO PERMA-GREEN HYDROSEEDING INC. FOR CONGRESS SPRINGS PARK STAFF RECOMMENDATION: Approve authorization to execute contract. TITLE OF RESOLUTION: 01-035 RESOLUTION OF THE CITY COUNCIL MAKING APPROPRIATE ADJUSTMENTS OF THE FY 2000-01 BUDGET Director Cherbone presented staff report. Director Cherbone explained that sealed bids for the Congress Springs Park Improvement Project were opened on May 31, 2001. A total of two contractors submitted bids. Perma-Green Hydroseeding, Inc. of Gilroy submitted the lowest bid of $1,440,125.00, which is 11% below the Engineer's Estimate of $1,619,665.00. The recommended contract award amount of $1,020,350.00 includes bid items lthru 33 (base bid items) and 42a (the City received donations for this included bid item). The recommended award amount is 3% below the corresponding engineers estimate for the same bid items and will allow for construction of the basic infrastructure improvements. Director Cherbone requested that the City purchase the project turf from West Coast Turf in the amount of$115,000.00 for their Tifway 2 turf variety. The City's turf consultant recommended this turf to be the best variety for the needs for Congress Springs Park. West Coast Turf is the sole source for this turf variety. Director Cherbone noted that in order to award a construction contract, it is necessary to increase the budget for this project by $200,000.00. Director Cherbone reported that to date the City has received $5,000.00 in donations towards the Project. Councilmember Baker asked if there were any items that were left out that are critical to the parks development. Director Cherbone responded that masonry backstops and interlocking paving stones were left out but would be good character building items in the park. Vice Mayor Streit noted that a bathroom near the t-ball field was also left out and it is another critical item. city Council Minutes 12 June 6, 2001 Mark Linsky, President/AYSO, 14240 Barksdale Court, noted that youth soccer in Saratoga has increased 20% in participation. Mr. Linsky reported that last night at the AYSO Board meeting, the Board approved a $16,000 donation for goals. Mr. Linsky noted that recently two AYSO members have purchased two flagpoles. Mr. Linsky reported that AYSO volunteers would be selling bricks at every game. Keith Simon, President/Saratoga Little League, 20450 Montalvo Lane, announced that the Saratoga Little League Board approved $25,000 initial donation to the Congress Springs Park Project and possibly up to $100,000.00 in future donations. Mr. Simon thanked the City Council and staff for all their efforts. Councilmember Waltonsmith requested that an article in regards to the bricks be published in the next Saratogan. Director Cherbone noted that an article would appear in the next Saratogan and also the donation booklet is on the City's website. STREIT/BAKER MOVED TO ADOPT RESOLUTION MAKING APPROPRIATION ADJUSTMENTS TO THE FY 2000/01 BUDGET IN CONNECTION WITH THE CONGRESS SPRINGS PARK IMPROVEMENT PROJECT. MOTION PASSED 5-0. STREIT/BAKER MOVED TO DECLARE PERMA- GREEN HYDROSEEDING, INC. TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. MOTION PASSED 5-0. STREIT/BAKER MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT WITH PERMA-HYDROSEEDING, INC. IN THE AMOUNT OF $1,020,350.00. MOTION PASSED 5-0. STREIT/BAKER MOVED TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO CONTRACT UP TO $75,000.00. MOTION PASSED 5-0. STREIT/BAKER MOVED TO PURCHASE TIFWAY 2 TURF FROM WEST COAST TURF IN THE AMOUNT OF $115,000.00. MOTION PASSED 5-0. SEPTIC ABATEMENT PROGRAM STATUS REPORT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Director Cherbone presented staff report. Director Cherbone reported that the report was prepared jointly by the Public Works Department and the City Attorney's Office to provide the Council with a comprehensive assessment of the technical and legal issue to be considered. Director Cherbone noted that the report is in two parts; 1) update on compliance City Council Minutes 13 June 6, 2001 rate of the existing Septic Abatement Ordinance; 2) various options the City could take to increase water pollution controls in the City. Director Cherbone noted that the City initiated the new septic abatement ordinance in 1999 by collecting lists of properties from the West Valley and Cupertino Sanitation Districts that were believed to be subject to its requirements. Of the 586 properties identified by the districts, staff was able to remove many that were either undeveloped parcels or properties that had connected to sanitation systems but were absent from the district's records. Director Cherbone explained that a notice dated February 22, 2000 was sent to each of the remaining property owners notifying them of their responsibility. The notice gave them six months to comply with the ordinance. The deadline was August 21, 2000. Of the 586 properties noticed, 221 properties did not respond. In order to insure that property owners received proper notice of the requirement, Council directed staff to send one final notice to the 221 noncompliant property owners giving them 45 additional days to comply with the ordinance. On February 23, 2001, the final notice was sent via certified mail. Director Cherbone briefly explained the breakdown of the 586 properties: · Connected to Sanitary Sewer 270 · Vacant Parcel 102 · Extension Granted 56 · Exempt (No Easement/Right-of-Way) 20 · Exempt (Inadequate Grade) 20 · Exempt (Greater than 200 ft.) 5 · Connection Permit issued 33 · Misc. Exempt (Not in City) 1 · Noncompliance (No Response) 59 · Noncompliance (Undeliverable) 8 · Noncompliance (Communicating w/City) 12 Director Cherbone noted that of the 79 noncompliant properties, 67 have been sent a Notice of Intention to Record a Notice Noncompliance via certified mail. Additionally, a copy of this notice is required to be physically posted on the noncompliant property. The remaining 12 noncompliant properties have been in constant contact with the City and are trying to comply with the ordinance. Staff recommends that these properties be issued the Notice of Intention. Director Cherbone noted this part of the report describes 1) the City's ongoing water quality protection programs; 2) water quality in Saratoga creeks in relation to national water quality standards; 3) potential sources of continuing water quality problem in Saratoga Creeks; 4) potential strategies to address those water quality problems. Director Cherbone noted the following findings: 1) Water Quality Protection Programs - The City has adopted an ordinance to promote connections of properties currently served by septic systems to the local sewer system. The City is working with the West Valley Sanitation District to identify potential sewer-related sources of contamination and have successfully abated two major pollution sources. City Council Minutes 14 June 6, 2001 2) 3) 4) The City has also posted signs along Saratoga Creek warning of the contamination. Current Water Quality Conditions - Despite the progress in the City's on going water quality protection programs, fecal coliform levels in Saratoga Creek and other waterways exceed national standards for the protection of human health and the environment. Potential Sources of Contamination - Based on circumstances in the area and a review of available technical literature on the subject, the probable sources of contamination are septic systems and faulty sewer lines. Potential Strategies for Response - There are a number of options available to the City. The City has implemented increased public education efforts and stepped-up code enforcement. To limit contamination from faulty sewer systems the City could adopt regulations establishing minimum construction, maintenance, and/or performance standards for sewer laterals connecting homes and businesses to the sewer system. To limit contamination from the City's remaining septic systems, the City could require regular maintenance and could also require removal of those septic systems near creeks that pose the greatest risks to City waterways. Don Whetstone, 14768 Vickery Avenue, commended City Attorney Taylor, Director Cherbone, and the Public Works Department for the excellent work everyone has done. Mr. Whetstone noted that he feels a five-year extension is too long to allow a property owner to comply with the ordinance. Mr. Whetstone noted he supported modifying the current abatement ordinance including stricter lateral system requirements. Councilmember Bogosain commended City Attomey Taylor and Director Cherbone for a thorough report. Councilmember Bogosian noted that he has been on the Council since the contamination was first detected and feels the City has taken the most effective steps to correct the problem. Councilmember Bogosian expressed the following steps he feels the City of Saratoga should take: Identify the properties that are exempt because they are below grade exemption and require them to connect to the sewer system. Inspection and upgrading of lateral at the point of sale. · Continue testing in conjunction with the sanitation districts and the water company. · Joint meetings with the sanitation districts. Councilmember Baker noted that the West Valley Sanitation Department has cooperated with the City of Saratoga from the beginning. Councilmember Baker noted he does not support enacting any new ordinances. Councilmember Baker noted that he does support looking at the properties directly adjacent to or abutting to one of the five creeks in the City of Saratoga, and suggested that the City try to work with the property owners on a one-on-one basis. Councilmember Waltonsmith noted that her concern is with the 25 properties that abut against the creek. Councilmember Waltonsmith noted that she would like to see those properties connect to the sanitary system and perhaps offer some City Council Minutes 15 June 6, 2001 financial assistance. Councilmember Waltonsmith commented that when a property owner remodels an older home this is the time, in addition to the sale of the home, to investigate their lateral system. Vice Mayor Streit noted he supports investigating the 25 properties that abut the creek and encourage sanitary cormection. If they do not cooperate then he would support a new ordinance. Mayor Mehaffey noted that he concurred with his colleague's ideas and thanked Mr. Whetstone for his perseverance and efforts that he has put into this issue. Councilmember Bogosian stated for the record that he does not support offering financial assistance to people who still are exempt from the ordinance. Mayor Mehaffey questioned if staff was clear on the Council's direction. City Attorney Taylor reiterated the following directions from Council: · Amend the current ordinance regarding the condition of sewer laterals · Implement a process at the time of resale and remodeling of the lateral system of a property · Look more closely at the properties near the creeks and identify options to get them connected and streamline the process in a cooperative fashion with the property owners. Mayor Mehaffey thanked Director Cherbone and City Attorney Taylor for the report. CONSENT CALENDAR- CONTINUED 2E. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO KLEINFELDER, INC. FOR ENVIRONMENTAL MONITORING OF FUEL TANKS STAFF RECOMMENDATION: Approve authorization to execute contract. Director Cherbone noted that the proposal before the Council tonight was from Kleinfelder Inc. for the amount of $14,500.00 for design and engineering services for the Saratoga Corporation Yard Fuel Leak Mitigation Project. Director Cherbone explained that pursuant to a leaking UST (underground storage tank) at the City of Saratoga Corporation Yard, the City acted to perform repairs to the tank, and to restore the surrounding contaminated soil. The repair effort occurred during 1997, with final certification for the successful tank cleanup received in 1998. Director Cherbone noted that following the tank repair, a fuel leak was found in the line between the fuel island and the storage tank. The leak was promptly stopped. Upon investigating the soil around the pipe leak, small amounts of City Council Minutes 16 June 6, 2001 MTBE were detected. This finding resulted in the Santa Clara Valley Water District opening an investigation of the site. To satisfy and close the investigation, the City must show that no contamination is present in the surrounding soil. In order to avoid penalties and to ensure that the City is reimbursed by the State, the City's compliance effort should begin immediately. Councilmember Bogosian asked how the Santa Clara Valley Water District determined that the soil was contaminated. Director Cherbone explained that the District had an environmental consultant come out to the site and perform tests on the soil. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONTRACT TO KLEINFELDER, INC. FOR ENVIRONMENTAL MONITORING OF FUEL 2F. TANKS. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO AWARD OF CONTRACT TO NOLL & TAM ARCHITECTS FOR CIVIC CENTER MASTER PLAN PROJECT STAFF RECOMMENDATION: Approve authorization to execute contract. STREIT/BOGOSIAN MOVED TO AWARD CONTRACT TO NOLL & TAM ARCHITECTS FOR CIVIC CENTER MASTER PLAN PROJECT. 2G. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO EXECUTE CONTRACT WITH ALLISON KNAPP FOR PLANNING SERVICES STAFF RECOMMENDATION: Approve authorization to execute contract. BOGOSIAN/STREIT MOVED TO EXECUTE CONTRACT WITH ALLISON KNAPP FOR PLANNING SERVICES AND AMEND COMMUNITY DEVELOPMENT BUDGET IN THE AMOUNT OF $25,000.00. MOTION PASSED 5-0. City Manager Anderson noted that Director Sullivan has requested an amendment to the Community Development Department budget of $25,000.00 in next year's budget to allow Ms. Knapp to continue her planning contract with the City of Saratoga. Director Walker noted that the resolution that was passed earlier tonight could be amended to reflect the additional funds. City Council Minutes 17 June 6, 2001 BOGOSIAN/STREIT MOVED TO AMEND THE RESOLUTION ADOPTING THE BUDGET FOR FY 2001-02 AND 2002-03 MAKING APPROPRIATIONS AND AUTHORIZING CARRYOVERS THERETO AND EXPENDITURES THEREFROM ADDING $25,000.00 TO THE 2H. COMMUNITY DEVELOPMENT'S BUDGET. MOTION PASSED 5-0. APPROVE THE SERVICE DELIVERY PLAN FOR LAW ENFORCEMENT CONTRACT AND AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH COUNTY OF SANTA CLARA FOR FY 2001-02 STAFF RECOMMENDATION: Approve Plan and authorization to execute contract. Councilmember Bogosian asked when the Sheriff's Department would be returning to Council with a report reflecting the effectiveness of the directed enfomement traffic controls. City Manager Anderson responded that the Sheriff's Department would be returning to Council with a comprehensive review of the status of its effectiveness in September 2001. Councilmember Bogosian asked why the Deputy assigned to be the School Resoume Officer was operating 4 days a week 10 hours a day. Councilmember Baker asked what that Deputy did when school was not in session. Analyst Reeve responded that the deputies' workweek schedule is prepared according to the Department's contract with them. Analyst Reeve noted that she would contact Captain Miles and inquire what the Resource Officer did when school was not in session. BOGOSIAN/STREIT MOVED TO APPROVE THE SERVICE DELIVERY PLAN FOR LAW ENFORCEMENT CONTRACT AND EXECUTE 2I. CONTRACT WITH COUNTY OF SANTA CLARA. MOTION PASSED 5-0. RESOLUTION UPHOLDING A PLANNING COMMISSION DENIAL OF DR-00-036 (397-05-091) - SAN FILIPPO/SOBEY ROAD STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-033 RESOLUTION OF THE CITY COUNCIL DENYING AN APPEAL FROM THE DECISION OF THE PLANNING COMMISSION; APPLICANT/APPELLANT-SAN FILIPPO; SOBEY ROAD (APN 397-05- 091); DR-00-036 City Council Minutes 18 June 6, 2001 BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION UPHOLDING A PLANNING COMMISSION DECISION DENIAL OF DR- 00-036 - SAN FILLIPPO/SOBEY ROAD. MOTION PASSED 3-1-0-1 WITH BAKER OPPOSING AND STREIT ABSTAINING. NEW BUSINESS 9. GRANT WRITER SERVICE PROVIDERS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that the City Council requested that staff research various options regarding professional grant writing services for the City of Saratoga. Staff called Cities of Cupertino, Los Gatos, Campbell, Sunnyvale, and Monte Sereno in an effort to determine how these cities handle their grant writing services. The response from each city indicated City staff at the individual department level processed their own grant material. Due to higher level of staffing, these cities are able to handle this function with little disruption to the individual departments. Analyst Bloomquist reported that staff also researched professional grant writing services and briefly explained the costs and procedures of the different venders. Analyst Bloomquist noted that if Council so desires, staff could send out a Request for Proposals (RFP) to seek out the services of a professional grant writer. Consensus of the City Council to proceed with the RFP process to obtain grant writing services. 10. LEAGUE OF CALIFORNIA CITIES - GRASSROOTS NETWORK COORDINATOR STAFF RECOMMENDATION: Authorize Mayor to submit ballot on behalf of the Saratoga City Council. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that the Grassroots Coordinator Network proposal was developed by a task force authorized by the League Board of Directors as part of its strategic planning process. It responds to the deep frustration of many local officials about the cities' loss of political influence, compared with other better-positioned interest groups that contribute millions of dollars to political campaigns. The goal of the Grassroots Network is to focus on major issues of concern to all cities such as fiscal reform, increased funding for transportation and local control. Cities will benefit from the increased visibility of city issues in local and statewide media, and by holding legislators accountable back home for the votes they cast in Sacramento. City Council Minutes 19 June 6, 2001 City Clerk Boyer reported that the proposal to create a Grassroots Coordinator Network is under active consideration by cities throughout the states at this time. Any dues increase, if approved, will be effective July 1, 2001. Since the League operates on a calendar year basis, the dues increase for the Grassroots Coordinator Network will be prorated for the last half of 2001 and the invoice due in July will equal one-half of the annual amount required to implement the grassroots program. Because city budgets usually run July-June, and the League dues are billed by calendar year, the League recommends that cities budget enough to cover the grassroots network for an eighteen-month period July-December. If the membership approves the Network, the League would bill in July for the six-month period July-December. Then in December 2001, the League will send out notices to cities for the 12 months in 2002. The recommended budget amount includes costs for the grassroots program for 18- months, plus regular League dues adjusted by projected 4% cost of living increase. City Clerk Boyer stated that on April 28, 2001 the League of Califomia Cities Board unanimously approved the Grassroots Network for submission to the membership, proposing an amendment to the League bylaws to finance the addition of 14 new staff in ten new offices as part of the new grassroots network to promote the League's core legislative priorities. In order to implement the Grassroots Coordinator Network it would take 2/3 of the voting cities to approve the dues increase and an amendment to the by-laws. City Clerk Boyer noted that the League of California Cities has provided a ballot in order for the City Council to vote on the proposed Grassroots Network. The deadline to submit the ballot is June 29, 2001. Director Walker noted that if the Grassroots Network were passed, there would be a $3,300.00 increase in the City's dues annually. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE MAYOR TO VOTE AFFIRMATIVELY ON THE PROPOSED GRASSROOTS COORDINATOR NETWORK ON BEHALF OF THE CITY OF SARATOGA. MOTION PASSED 5-0. COMMISSION ASSIGNMENT REPORTS Councilmember Baker noted that Cynthia Barry is doing a good job as the Chair for the Planning Commission. Councilmember Bogosian had nothing to report. Mayor Mehaffey noted due to his schedule he is unable to continue to be the Council liaison to the Finance Commission and requested a replacement. Vice Mayor Streit noted that the Parks and Recreation Commission held their first meeting with Steve Kakuchi to discuss Azule Park. Vice Mayor Streit noted that the Commission is still working on the needs assessment report of the City's parks. city Council Minutes 20 June 6, 2001 Councilmember Waltonsmith noted the Youth Commission interviews were held prior to tonight's meeting and selections should be made soon. Councilmember Waltonsmith noted that the Sister Cities Committee would be sending ten Saratoga youths to Japan and requested a letter from the Mayor to accompany them. On August I0, 2001, Councilmember Waltonsmith reported that ten youths from Japan would be visiting Saratoga and touring City Hall. CITY COUNCIL ITEMS Councilmember Bogosian requested that the City's intentions in regards to the interest generated from the library bond be agendized. Councilmember Waltonsmith supported Councilmember Bogosain's request. Councilmember Waltonsmith reminded everyone the Union Pacific Railroad Trail Feasibility Study meeting was on June 7, 2001. Mayor Mehaffey noted that he received a request from the newest member of the Planning Commission, Mike Garakani, to have a joint meeting with the Commission sometime in July 2001. City Manager Anderson noted that he would arrange the meeting and would report back to the Council. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT MayOr Mb.h,a. ffey adjourned the meeting at 11:10 p.m. Cit; city Council Minutes 21 June 6, 2001