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HomeMy WebLinkAbout09-05-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL SEPTEMBER 5, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview one applicant for the Public Safety Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:15 p.m. Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 potential cases) 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 7:00 p.m. and requested Vice Mayor Streit to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmember Stan Bogosian, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: Councilmembers Evan Baker, Ann Waltonsmith ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Ann Sullivan, Deputy City Clerk Ray Galindo, Accounting Supervisor John Cherbone, Director of Public Works Paula Reeve, Administrative Analyst Cary Bloomquist, Administrative Analyst Danielle Surdin, Economic Development Coordinator City Council Minutes 1 September 5, 2001 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 5, 2001. Ann Sullivan, Deputy City Clerk, reported that pursuant to Goverament Code Section 54954.2, the agenda for the meeting of September 5, 2001 was properly posted on August 31, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS The following people spoke at tonight's meeting: Cheriel Jensen, 13737 Quito Road, thanked the City Council for passing the pesticide ordinance. Ms. Jensen requested assistance from the City under the Fair Housing Act and/or the American with Disability Act to repair the roof on her house. COUNCIL DIRECTION TO STAFF Councilmember Bogosian requested that Ms. Jensen be referred to Tom Sullivan, Community Development Director. Mayor Mehaffey concurred with Councilmember Bogosian. ANNOUNCEMENTS Mayor Mehaffey announced that there are five vacancies available on the Board of Directors for the Saratoga Community Foundation. CEREMONIAL ITEMS lA. APPOINTMENT OF HERITAGE PRESERVATION COMMISSION MEMBER STAFF RECOMMENDATION: Approve Resolution of Appointment. TITLE OF RESOLUTION: 01-057 City Council Minutes 2 September 5, 2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER TO THE HERITAGE PRESERVATION COMMISSION BOGOSIAN/STREIT MOVED TO ADOPT RESOLUTION APPOINTING PHYLIS BALLINGALL TO THE HERITAGE PRESERVATION COMMISSION. MOTION PASSED 3-0 WITH BAKER AND WALTONSMITH ABSENT. Deputy City Clerk Sullivan noted that Ms. Ballingall was unable to come to tonight's meeting and would make arrangements with the City Clerk to take her Oath of Office. Mayor Mehaffey requested that the City Council move to Item 4. Consensus of the City Council to move to Item 4. OLD BUSINESS 4. AZULEPARKMASTERPLAN STAFF RECOMMENDATION: Approve master plan. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained that the City Council directed staff and the Parks and Recreation Commission to develop a master plan for Azule Park at the March 27, 2001 Joint Meeting. Director Cherbone noted that the development of the proposed master plan for Azule Park was a successful collaboration between Azule residents and the City. The plan incorporates a broad spectrum of amenities: · Tennis Courts · Children's playground · Horseshoe Facilities · Volleyball Area · Open Play Area · Picnic Facilities · Perimeter Pathways · Attractive Landscaping Director Cherbone noted that staff is requesting that the City Council approve the Azule Park Master Plan. City Council Minutes 3 September 5, 2001 Tom Soukup, 12340 Goleta Avenue, noted that he fully supports and approves the Azule Master Plan and thanked the Parks and Recreation Commission and the City staff for all of their time and hard work. Laura Gloner, 12649 Lido Way, noted that Azule Park has been waiting 30 years to be developed. Ms. Gloner urged the Council to approve the Azule Park Master Plan. Katie Alexander, 12340 Goleta Avenue, thanked the City Council, City staff, and the Parks and Recreation Commission for their hard work in the development of the Plan. Mrs. Alexander noted that the Master Plan represents the consensus of the neighborhood. Vibha Goel, 12262 Goleta Avenue, thanked the City Council for the development of Azule Park. Jim Schindler, 12302 Goleta Court noted that the development of the Azule Master Plan has been a very positive process. Mr. Schindler noted that his only concerns are traffic and safety. Mr. Schindler noted that he submitted a petition with 200 signatures in support of the Master Plan. Vice Mayor Streit commented that he has been involved with this project for a long time and fully supports the Master Plan. Vice Mayor Streit noted that the process was very positive and productive. Councilmember Bogosian concurred with Vice Mayor Streit. Councilmember Bogosian noted that the Master Plan should be added to the CIP and fast tracked. Vice Mayor Streit asked if the RFP for construction drawings could be done separately from the CIP. John Cherbone, Public Works Director, responded that the Council could amend this year's budget to include funding out of the CIP budget to go ahead with the construction drawings. Mayor Mehaffey asked if the Council could direct staff to go forward with the RFP process tonight. Director Cherbone responded that staff would have to come back with a resolution amending the budget. Vice Mayor Streit suggested that the budget amendment be agendized for the next meeting when there is a full Council. City Council Minutes 4 September 5, 2001 Consensus of the City Council to direct staff to prepare a resolution amending the budget and return for City Council approval on October 3, 2001. BOGOSIAN/STREIT MOVED TO APPROVE THE AZULE MASTER PLAN. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. CONSENTCALENDAR 2A. APPROVAL OF COUNCIL MINUTES OF: REGULAR MEETING - JULY 18, 2001 STAFF RECOMMENDATION: Approve submitted minutes. Vice Mayor Streit requested that the minutes be continued to the next meeting because a motion cannot be made without Councilmember Baker or Councilmember Waltonsmith. Consensus of the City Council to continue Item 2A to October 3, 2001. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Councilmember Bogosian pulled Item 2B from the Consent Calendar. Councilmember Bogosian requested an explanation of the entry on page 5, General Electro Dynamics Corp. for the amount of $4852.20. Councilmember Bogosian asked why the City does not go to public scales for free or at a nominal cost. Ray Galindo, Accounting Supervisor, noted that he would investigate this entry and report back to Council. Councilmember Bogosian requested that this check register be continued to the next City Council meeting. Consensus of the City Council to continue Item 2B to October 3,2001. 2C. REVIEW OF PLANNING COMMISSION ACTION MINUTES AUGUST 22, 2001 STAFF RECOMMENDATION: Note and file. City Council Minutes 5 September 5, 2001 2D. STREIT/BOGOSIAN MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. AUTHORIZATION TO MAYOR TO EXECUTE CITY MANAGER EMPLOYMENT AGREEMENT STAFF RECOMMENDATION: Authorize execution of agreement. STREIT/BOGOSIAN MOVED TO AUTHORIZE EXECUTION OF EMPLOYMENT AGREEMENT. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. 2E. CLAIM OF JOHN YFANTIS; CLAIM NO. GL-052558 21. 2J. STAFF RECOMMENDATION: Authorize settlement. STREIT/BOGOSIAN MOVED TO AUTHORIZE SETTLEMENT TO JOHN YFANTIS. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. SARATOGA PRESCHOOL PLAYGROUND EQUIPMENT PURCHASE STAFF RECOMMENDATION: Approve purchase and adopt resolution appropriating funds. TITLE OF RESOLUTION: 01-061 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE APPROPRIATION OF $22,145 FOR PURCHASE OF PLAYGROUND EQUIPMENT AND INSTALLATION OF PLAY STRUCTURE. STREIT/BOGOSIAN MOVED TO ADOPT RESOLUTION APPROPRIATING FUNDS FOR THE PURCHASE OF PLAYGROUND EQUIPMENT. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH THE SOCIAL SECURITY ADMINISTRATION AND PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) City Council Minutes ' 6 September 5, 2001 STAFF RECOMMENDATION: Authorize execution of contract. TITLE OF RESOLUTION: 01-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO ENTER INTO AN AGREEMENT WITH THE SOCIAL SECURITY ADMINISTRATION STREIT/BAKER MOVED TO AUTHORIZE EXECUTION OF AGREEMENT WITH THE SOCIAL SECURITY ADMINISTRATION. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. 2K. ADOPT RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-059 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS STREIT/BOGOSIAN MOVED TO ADOPT RESOLUTION AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. PUBLIC HEARINGS APPEAL OF PLANNING COMMISSION APPROVAL OF DR-01-006, UP-01-001 & TUP-01-003; 14380 SARATOGA AVENUE APPLICANT: SARATOGA FIRE DISTRICT/APPELLANT: F.AC.T. STAFF RECOMMENDATION: Deny the appeal and uphold the Planning Commission's decision. TITLE OF RESOLUTION: 01-060 RESOLUTION OF THE CITY COUNCIL GRANTING THE APPEAL OF PLANNING COMMISSION ACTION APPROVING DR-01-006, TUP-01-003, AND UP-01-002, FOR A FIRE STATION TO BE LOCATED AT 14380 SARATOGA AVENUE. City Council Minutes 7 September 5, 2001 Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the applications that the Planning Commission considered were for Design Review and Use Permit to allow the demolition of the existing Fire Station and construction of a new 13,325 square foot facility at 14380 Saratoga Avenue. The Use Permit was also to allow the deviation from standards as provided in the City Zoning Code. The Saratoga Fire District also requested a Lot Line Adjustment so that the entire facility could be placed on Fire District property, as designed, a portion of the facility encroaches in to the Memorial Plaza by 529 square feet. The District also requested approval of a Temporary Use Permit to allow fire operations to be located at 20473 Saratoga-Los Gatos Road during construction. The Planning Commission also granted a Negative Declaration of Environmental Impact. This has not been filed with Santa Clara County. Director Sullivan explained that the Fire District property is zoned P-A Professional and Administrative Office District. This zoning district allows as a conditional use, police and fire station and other public buildings, structures and facilities. Director Sullivan briefly explained the basic zoning standards. Director Sullivan noted that the zoning standards presented in the City's code is typical standards that one would expect to find and use for professional office development, particularly in a community, such as Saratoga. Through the use the provisions in Section 15-55.030, the Fire District requested that these standards be set aside so that the square footage of the Fire Station could be maximized. The existing station could not be replaced in its current configuration without setting these zoning standards aside. Director Sullivan noted that many issues were raised during the two public hearings; many did not have direct relation to the land use jurisdiction the Planning Commission could consider. The number of parking spaces and the nnmber of employees was raised as an issue. In the end the Planning Commission made their determinations based on their land use jurisdiction which involved the following: · Architectural Design - Planning Commission requested that project architect work with staffto revise the tower to better capture the Julia Morgan style of adjacent Federated Church. · Setback requirements of the P-A Zone District - Planning Commission used the discretion found in Zoning Ordinance Section 15-55.030 in order to approve the project with zero setbacks. · Maximum height allowed in the P-A Zone District - Planning Commission used their discretion found in Zoning Code Section 15- 55.030, in order to approve the project as proposed. City Council Minutes 8 September 5,2001 · Maximum coverage allowed in the P-A Zone District - Planning Commission used the discretion in Section 15-55.030, to approve the project as proposed. · Land trade between the Fire District and the City - Planning Commission approved the Lot Line Adjustment conditioned upon the City Council agreeing to the trade of real property. · On-site parking requirements - Planning Commission conditioned the project in a manner that required that the parking be revised prior to the Temporary Use permit expiring. · Temporary Use Permit to allow the Contempo Building to serve as the Fire Station during construction - Planning Commission had jurisdiction in this matter, but felt that having the Fire Station in the same general area better served the public. · Environmental DeterminatioWNegative Declaration - Planning Commission determined that there would be no environmental impact of rebuilding the fire station in the same location. Mayor Mehaffey opened the public hearing at 7:45 p.m. David Dolloff, 20685 Sigal Drive, noted that he is the Chair for the F.A.C.T. committee and a candidate for the Fire Commission. Mr. Dolloffnoted that the F.A.C.T Committee does support a new fire station, but this proposed station design is wrong for the following reasons: · The proposed station will not even meet the present needs let alone future ones. · The Saratoga Firefighters strongly oppose the proposed design. · Too many code requirements have to be waived. · Traffic and firefighter safety problems will continue to exist. · Parking is grossly inadequate by Saratoga standards. · The design and mass on the comer doesn't fit with its surroundings. · The citizens did not overwhelmingly approve this design. Mr. Doll0ff explained with the recent Boundary Drop Agreement two new pieces of equipment has been mandated; a ladder track and a brash patrol. The new pieces of equipment will not fit in the proposed fire station. Mr. Dolloff noted that the Saratoga Firefighters were not consulted on the current design; in fact, they were kept out of the process. Mr. Dolloffnoted that ten code requirements would have to be waived in order for this project to begin. City Council Minutes 9 September 5, 2001 In regards to parking, Mr. Dolloff explained that there are 22 spaces for 35 full- time employees. In addition Mr. Dolloff stated that a civil engineer's report on the seismic safety was published in July 1994. The Commission has done nothing for seven years. Mr. Dolloffexplained that the voters approved a replacement station. The current design has increased the size of the current station from the 7,500 sq. ft. to 17,575 sq. ft. Mr. Dolloffnoted that out of 8,067 registered voters only 2,101 voted for the approval of the bond (26%). Mr. Dolloff noted that the F.A.C.T. Committee request the following: · Maximize all public safety and service for Saratoga o Fire Safety o Police Protection o Emergency Medical Services o Postal Services · Allow the Public Service Plaza Committee time to fulfill its mission as directed by the City Council. Chris Ford, 1704 Union Street, San Francisco, Architect/C3 Design Alliance, noted that he would be showing the facility needs, project background, review planning and design, and answer City Council questions. Mr. Ford explained why a new facility has been proposed: · Structural age · Traffic and site lines · Facility age · Space to operate effectively · Bunkroom only sleeps eight · Women's restroom is a trailer · Exercise facility is next to rigs · Not enough parking Mr. Ford explained what a new facility would achieve: · Double deep apparatus bays · Turnout storage room · SCBA refill mask repair · Medical support and walk-in aid · Individual fire fighter workstations · Overall expansion of the firefighters living space · 21 parking spaces at the Contempo Property · Improved public access to Memorial Plaza City Council Minutes 10 September 5, 2001 Mr. Ford noted that after the public heating with the Planning Commission on June 27, 2001, the Commission approved the project design, existing building demolition, and use permit for the Contempo Building. Councilmember Bogosian asked how a fire truck would get into the bay with the proposed design. Mr. Ford responded that the trucks would continue to back in, but the bay is further from the comer of Saratoga Avenue and Big Basin Way. Vice Mayor Streit noted that under the new Boundary Drop Agreement two more vehicles have to be added. The proposed design has only enough bays for five vehicles. Mr. Ford noted that Option B lays out the configuration of the bays with the new mandated vehicles. Councilmember Bogosian noted that there are 21 dedicated parking spaces. Councilmember Bogosian asked what is the maximum number of people that could be on the site at one time. Mr. Ford explained administrative personnel, on duty firefighters, and perhaps visitors and volunteers would be at the station at one time. Robert Peepari, 19600 Scotland Drive, Heritage Preservation Commissioner and architect. Mr. Peepari noted that he did not comment at the Planning Commission meeting about the architecture of the building. Mr. Peepari noted that at its June 27, 2001 meeting, the Planning Commission approved the architectural design only after the tower was reduced at the request of one Commissioner. Mr. Peepari noted that he could not understand how this insignificant change, of slightly reducing the size of the tower, that the building design was now dramatically improved, improved enough to have the Commissioner change her vote. Mr. Peepari noted that the current design is a mediocre building design. John Keenan, 22215 Mt. Eden Drive, noted that although Mr. Ford provided a good history of the Fire Station he failed to answer questions brought up by the F.AC.T. Committee. David Ritter, 15600 Belnap Way, noted he supports the new fire station. Russell Perry, 21846 Via Regina, noted that he has been a resident and business owner for over 25 years. Mr. Perry noted that he supports the new fire station and urged the Council to deny the appeal. City Council Minutes 11 September 5, 2001 Marc Hines, 660 West Dana Street, Mountain View, noted that he represents the Saratoga Fire Protection Disthct. Mr. Hines noted that the District wants to cooperate with the City and urged the City to deny the appeal. Erna Jackman/Planning Commissioner, 14515 Oak Street, requested that the Council reverse the Planning Commission decision and grant the appeal. Commissioner Jackman noted that she was the Commissioner that moved to approve the project based on the information the Planning Commission had at the time. Ms. Jackman noted that several things have come to her attention since the Commission approved the project. Ms. Jackman noted that the District told the Commission that Caltrans would not allow the fire trucks to enter via Highway 9. Ms. Jackman explained that the City Manager's Office recently talked to Caltrans and they said Highway 9 could be used. Also, the District said that the Post Office would not sell their property. Recent talks with the Post Office prove the opposite. They are willing to sell as long as they get to keep a small retail space. Ed Farrell, 20877 Kittridge Road, explained the insufficient spaces to park the emergency vehicles in the proposed three bays in the new fire station design. Mr. Farrell urged the Council to grant the F.A.C.T. Committee's appeal. Don Whetstone, 14768 Vickery Avenue, commented that through a use permit loophole the Fire District has requested the most extreme set of variances for zoning standards that anyone has ever asked for in this City. Mr. Whetstone noted those types of variances should only be considered if there is a compelling community interest at stake or no other way to achieve a desired result. In this case the Fire District had other options available to them when the District approved this plan. Mr. Whetstone urged the Council to grant the appeal. Cynthia Berry, Chair/Planning Commission, 19281 San Marcos Road, noted that this appeal presents a unique situation to the City Council for two reasons: 1) The Planning Commission was restricted to issues within their purview. The Planning Commission was prevented from considering the larger parcel of land that is potentially available for the development of a fire and public safety center complex and were forced to confine their deliberation to the small parcel of land where the fire station now sits, 2) Planning Commission based their decision on inaccurate information such as the unwillingness of the Post Office to sell their property, Caltrans refusal to allow trucks to exit on to Highway 9, and the feasibility of an underground parking facility. Chair Barry urged the Council to grant the appeal. Aaron Katz, PO Box 116, noted that his interest in this issue is as a property owner with three properties within the Saratoga Fire District. Mr. Katz noted that the size of the proposed building is unbelievable; no other fire station in City Council Minutes 12 September 5, 2001 this area is 17,000 sq. ft. Mr. Katz asked that if the Council approves this project, which he hopes they do not, that added use restrictions be added. Bill Sousa, 13830 Saratoga Avenue, noted that he concurred with the comments made by Mr. Dolloff. Mr. Sousa noted that he has concerns regarding parking. Mr. Sousa asked that the Council deny the project and grant the appeal. Frank Lemmon, 20652 Woodward, noted that he is the Chair for the Citizens Oversight Committee for the bond measure. Mr. Lemmon noted that the District is required to expend 5% ($4,300,000) of the $5,000,000 bond proceeds within six months, 45% ($2,700,00) within one year and 85% ($5,100,000) within three years from the bond sale. Mr. Lemmon noted that unfortunately the delays in gaining approval to proceed with the project construction would cause the District to miss the 45% amount due in September 2001. This can be averted if approval is granted at once to proceed with the project. Mike Garakani/Planning Commissioner, 19061 Austin Way, noted that when the decision was rendered at the Planning Commission meeting there was applause from the audience. Commissioner Garakani noted that this is not a win/lose situation. Mr. Garakani noted that we are all here tonight to make sure that Saratoga has the right fire station, the right planning and the right place. Mr. Garakani noted that Mr. Whetstone's safety complex is an excellent concept. Mr. Dolloff noted that tonight three out of seven Planning Commissioners have asked the Council to reverse the Commission's decision. Mr. Dolloffnoted that it is up to the City Council to take into consideration all the information that has finally been made public and make a decision so that the residents of Saratoga have services they deserve. Mr. Dolloff urged the Council to grant their appeal. Hugh Hexamer, Fire Commissioner, 20367 Glen Brae Drive, noted that Mr. Ford has already reviewed the need, the architectural design, community compatibility and regulatory compliance of Saratoga's a new fire station. Mr. Hexamer noted that the Fire District respects the City's planning process and has made every effort to adhere to that process. Mr. Hexamer briefly explained the history of the Saratoga Fire District and mentioned their accomplishments over the years. Mr. Hexamer reminded the Council that in the Spring of 2000 voters in the district approved a bond to build a new station and purchase the adjacent site for the interim fire station. Mr. Hexamer noted that every effort has been made to address the City's concerns. Mr. Hexamer stated that delays or postponement of the project would have the following repercussions: City Council Minutes 13 September 5, 2001 · Increase the cost to the 20,000 residents and property owners who passed the bond · Increased construction costs Mr. Hexamer noted that if the schedule is not kept the District must forfeit to the IRS the difference between interest earned and bond interest paid. Mr. Hexamer noted that the Negative Declaration was approved on June 27th, a period of more than 60 days ago. Provisions of the Permit Streamlining Act located in Gov. Code Section 65950(a) 3 and (b) would imply that this legislation deems this project approved. Mayor Mehaffey asked City Attomey Taylor if he had knowledge of this. City Attorney Taylor noted that it would be his understanding that notice of the fact that it has been deemed approved would have to have been filed. City Attorney Taylor noted that without that knowledge of what has been filed, he carmot comment. Councilmember Bogosian asked what authority does the City have over this project. Attorney Taylor responded that the Government Code does allow school districts the ability to override city zoning decisions under certain circumstances and the code also allows districts override local zoning authority when it pertains to water or transmission facilities, but there are no exceptions he is able to locate for other districts. Vice Mayor Streit asked Mr. Ford if there were no property line constraints would the design of the station be different. Mr. Ford responded no, the design would stay the same, although if more land were available the design would be spread out more. Vice Mayor Streit asked if a drive-through garage would be considered. Mr. Ford responded that a drive-through might be considered. Mayor Mehaffey closed the public heating at 9:07 p.m. Vice Mayor Streit stated that he needs to keep in mind when looking at this fire station that he is not determining a station best for the District, firefighters, or for any other specific group in Saratoga. City Council Minutes 14 September 5, 2001 Vice Mayor Streit stated that he is looking for a station that would serve the citizens of Saratoga and hillside residents for the next thirty years, not something that will last for only four or five years. Vice Mayor Streit pointed out that the Fire District's property is zoned P-A Professional and Administrative Office District. The basic zoning standards for the P-A zone area are: · 25 ft front yard set back · 10-25 ft interior side yard setback · 15 ft exterior side yard set backs · Height of 30 ft · Structure site coverage 30 %. Vice Mayor Streit noted that the Fire District has requested that these standards be set aside so that the square footage of the station could be maximized as follows: · Zero front yard set back · Zero interior side yard setback · Zero exterior side yard set backs · Height of 35 ft · Structure site coverage 100 % Vice Mayor Streit noted that in June when the Planning Commission heard the application, the District's requests seemed reasonable, under the assumption the District had no other options. However, after several meetings of the Ad Hoc Committee, which he is a member of, have found other options. The United States Post Office has been participating in the Ad Hoc Committee meetings and noted that they would consider selling their property. Vice Mayor Streit noted that parking is also an issue. The Federated Church has joined the Ad Hoc Committee to help elevate the insufficient parking. The Church reported that approximately 40 people from the Sheriff's Department and Fire District park in their lot. At a recent Committee meeting the Fire District requested 20-25 spaces for firefighters and staff, yet there are only 21 spaces at the Contempo building. Vice Mayor Streit stated that it is his belief that the current design of the station is not in the best interest of the citizens of Saratoga as a whole. Vice Mayor St-reit noted that he sees parking, the lot line adjustment, and the structure site coverage as major issues. Vice Mayor Streit noted that he would be voting tonight to grant the appeal and deny the project. Councilmember Bogosian thanked Commissioner Garakani for his comments. Councilmember Bogosian noted that we can work together to make a great fire station for Saratoga. Councilmember Bogosian stated that Saratoga does need city Council Minutes 15 September 5, 2001 a new fire station; the current station is outdated and unsafe in the event of an earthquake. Councilmember Bogosian stated that the inadequacies of this building are visible to everyone. Councilmember Bogosian noted that tonight his job as a Councilmember is to make the finding necessary to sustain the Planning Commission's decision. After reviewing all material that he has been provided he believes that there are inadequate parking and safety concerns. Councilmember Bogosian asked why were the bonds sold when the District did not have an approved plan. Councilmember Bogosian noted that tonight he would grant the appeal and deny the project. Mayor Mehaffey concurred with his colleagues that the station needs improvements. Mayor Mehaffey noted that the Fire District has done a good job working with the City. Mayor Mehaffey noted that he supports the concept of a Public Safety Plaza. Mayor Mehaffey noted that if the City were to build a Public Safety Center, it would have to be placed on a ballot. Mayor Mehaffey stated that he agrees that there are not enough bays in the current design. Mayor Mehaffey noted that tonight he would grant the appeal and deny the project. At the public heating the City Council considered the action, gave staff direction and continued the matter until a point later in the meeting to consider a resolution to be prepared by staff in the interim. Mayor Mehaffey thanked everyone for their input. Mayor Mehaffey called a ten-minute recess at 9:28 p.m. CONSENT CALENDAR 2F. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO NATIONAL GRANT SERVICES FOR GRANT WRITING SERVICES STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Bogosian pulled Item 2F from the Consent Calendar. Councilmember Bogosian asked if the $1,000.00 retainer fee a one-time fee. Analyst Bloomquist explained that the $1,000.00 is a one-time fee. City Council Minutes 16 September 5, 2001 2G. 2H. Mayor Mehaffey commented that he thinks the $1,000.00 retainer fee is a reasonable amount. Councilmember Bogosian noted that he cannot support this item. He would prefer if the City did not have to pay upfront and would rather pay a contractor a percentage per grant. Vice Mayor Streit suggested that City Manager Anderson meet with National and try to negotiate a new contract. Vice Mayor Streit noted that if the City Manager cannot renegotiate the cost, he would support the $1000.00 retainer fee. Consensus of the Council to direct staff to try and negotiate with National Grant Services to eliminate the fee. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO HIGGINS ASSOCIATES FOR SPEED ZONE SURVEY STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Bogosian pulled Item 2G from the Consent Calendar. Councilmember Bogosian questioned if the $29,870.00 included all the streets that radars are used on in Saratoga. Director Cherbone responded that it is just the streets on the list. BOGOSIAN/STREIT MOVED TO AUTHORIZE AWARD OF CONTRACT WITH ItIGGINS ASSOCIATES. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT FOR STORM WATER SYSTEM PROTECTION INSPECTION SERVICES STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Bogosian pulled Item 2H from the Consent Calendar. Councilmember Bogosian asked if Central Fire serves the entire City of Saratoga for this particular service. City Council Minutes 17 September 5, 2001 Analyst Bloomquist responded that Central Fire serves just the properties located in their district. Director Cherbone added that this agreement was negotiated before the Boundary Drop Agreement. Director Cherbone stated that the Saratoga Fire District does not have the personnel or technical capability to perform this type of services. Councilmember Bogosian suggested that staff contact the Saratoga Fire District and see if they could contract with Central Fire District to serve the rest of Saratoga. Director Cherbone responded that he did give Chief Kraule a copy of the agreement; he has not received any feedback on whether or not he would have any of his staff trained for this type of service. BOGOSIAN/STREIT MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH SANTA CLARA CENTRAL FIRE PROTECTION 2L. DISTRICT. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. AUTHORIZATION FOR PAYMENT TO PACBELL FOR SERVICE CONNECTIONS FOR THE TEMPORARY LIBRARY AND APPROVE AMENDMENT TO AGREEMENT WITH DURAIN & VENABLES STAFF RECOMMENDATION: Authorize payment and amend agreement. Councilmember Bogosian pulled Item 2L from the Consent Calendar. Councilmember Bogosian questioned if the $18,000.00 to hook up utilities would come out of the contingency fund. Assistant City Manager Tinfow responded that the funds would come out of the temporary library funds. BOGOSIAN/STREIT MOVED TO AUTHORIZE PAYMENT TO PACBELL AND APPROVE AMENDMENT TO CONTRACT WITH DURAN AND VENABLES. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. City Council Minutes ! 8 September 5,2001 OLD BUSINESS 5. HERITAGE ORCHARD MASTER PLAN STAFF RECOMMENDATION: Approve master plan. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained that in order to ensure the long-term health and character of the Heritage Orchard, the Heritage Preservation Commission has been working over the past few months on a comprehensive Orchard Master Plan. The Master Plan provides guidelines for renovation of the existing orchard and for a well and irrigation improvements. Director Cherbone briefly explained the goals for the Heritage Orchard: 1. Preserve the orchard as a functioning agrarian use. 2. Provide educational opportunities to learn about agricultural history in the area and orchard management and operations. 3. Maximize views of the omhard from the surrounding area to insure the orchard is an important part of the community's image. 4. Minimize intrusions of site improvements into the orchard that may disrupt orchard maintenance operations or impact the "natural appearance" for the orchard. 5. Ensure the orchard is maintained in optimum health by implementing necessary orchard maintenance and replacement programs. 6. Implement a tree adoption program. Director Cherbone noted that the Heritage Orchard Master Plan would occur in phases over a number of years. Phase I of the Master Plan is estimated to cost $272,100.00 and includes the following improvements: · Remove existing dead orchard trees · Plant new orchard trees · Irrigation system · Well/Booster Pump · Electrical · Omhard Monument Sign · Design/Construction Contingency Director Cherbone noted that the cost of Phase I is included in the proposed five- year CIP. Future improvements would include: · Adopt a tree program development · Maintenance/Barn construction · Ongoing orchard planting replacement as required City Council Minutes 19 September 5, 2001 Director Cherbone noted that staff is requesting the City Council approve the Heritage Orchard Master Plan. Robert Peepari/Heritage Preservation Commissioner, 19600 Scotland Drive, stated that the HPC fully supports and approves the Heritage Orchard Master Plan. Vice Mayor Streit noted that he would like to implement Goal 2 as soon as possible. He noted that it is important to teach the children the importance of an orchard. Vice Mayor Streit commented that the Orchard needs better signage and suggested installing three signs instead of one. Vice Mayor Streit requested that the construction of a barn be included in the CIP program. In regards to Vice Mayor Streit's comment, Commissioner Peepari responded that the HPC has had many discussions regarding educational programs. In regards to signage, Commissioner Peepari noted that a wood sign with white lettering would be placed in the Heritage Orchard; the sign would coordinate with the new library sign. Councilmember Bogosian concurred with Vice Mayor Streit that the educational opportunities of the orchard should start immediately. Councilmember Bogosian suggested that the HPC obtain estimates on the possibility of removing the mature oak trees and relocate them somewhere else in Saratoga. Councilmember Bogosain asked ifa trail could connect the parking lot to the barn. Mayor Mehaffey noted he supports the idea of a trail to the barn but also throughout the entire orchard. Vice Mayor Streit noted that he also supports a trail through the orchard. Vice Mayor Streit commented that the more people are involved with the orchard the longer it will last. Commissioner Peepari noted that the IqPC is still discussing the details in regards to implementing an adopt a tree program Mayor Mehaffey read a letter from Elaine Clabeaux, Chair/Parks and Recreation Commission, who could not stay for this portion of the meeting. Mayor Mehaffey noted that Commissioner Clabeaux stated that the PRC thought that the Heritage Orchard Master Plan was to be an inter-commission project. Commissioner Clabeaux noted that the PRC would have appreciated an opportunity to review the proposed Master Plan before it went to Council. Commissioner Clabeaux noted that although the PRC did not review the plan, they would support Council's decision. City Council Minutes 20 September 5, 2001 In regards to the construction of a well, Mayor Mehaffey asked if the City has a geologist report indicating if it is feasible to construct a well in the Heritage Orchard. Director Cherbone responded that prior to the actual construction of a well a geologist report would be obtained. STREIT/BOGOSIAN MOVED TO APPROVE THE HERITAGE ORCHARD MASTER PLAN. MOTION PASSED 3-0-2WITH BAKER AND WALTONSMITH ABSENT. SARATOGA ARTS COMMISSION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING THE SARATOGA ARTS COMMISSION Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on August 15, 2001 the City Council voted to establish a commission to promote and support an increased emphasis on the arts of Saratoga. Director Pisani noted that recommended names are either City of Saratoga Cultural Arts Commission or City of Saratoga Arts Commission. Director Pisani noted that the number of members of this group be set at seven. Consensus of the City Council to call the proposed commission "Saratoga Arts Commission". STREIT/BOGOSIAN MOVED TO ADOPT RESOLUTION ESTABLISHING THE ARTS COMMISSION. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE STAFF RECOMMENDATION: Amend voting delegate appointment. Ann Sullivan, Deputy City Clerk, presented staff report. City Council Minutes 21 September 5, 2001 Deputy Clerk Sullivan explained that at its August 15,2001 City Council meeting, the City Council appointed Tom Sullivan, Director of Community Development, voting delegate for the League of California Cities annual conference. Unfortunately staff was unaware of the fact that Councilmember Bogosian would be attending the conference and has requested that the Council reconsider their appointment and delegate him as the City's voting delegate for the conference. STREIT/BOGOSIAN TO AMEND VOTING DELEGATE APPOINTMENT. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. NEW BUSINESS SARATOGA FIRE DISTRICT REQUEST FOR BOUNDARY LINE ADJUSTMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attorney, presented staff report. Attorney Taylor stated that the City Council has two options 1) take no action 2) direct staff to prepare necessary paper work for land transfer. Mayor Mehaffey noted he feels it is premature to take any action on this subject matter. Vice Mayor Streit stated that the Council could delay or deny this item; either way he is not willing to give up land until the Ad Hoc Committee finishes their feasibility of a Public Safety Center. Consensus of the City Council to defer all requests for a boundary line adjustment until a report from Ad Hoc Committee is received and resume discussion of Item #3. City Attorney distributed copies of the resolution and announced that copies were available to the public in the reception area. BOGOSIAN/STREIT MOVED TO GRANT THE APPEAL OF PLANNING COMMISSION ACTION APPROVING DR-01-006, TUP-01-003, AND UP- 01-002, FOR A FIRE STATION TO BE LOCATED AT 14380 SARATOGA AVENUE. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. City Council Minutes 22 September 5, 2001 9. VILLAGE DECORATIVE LIGHTING GUIDELINES AND FUNDING STAFF RECOMMENDATION: Approve guidelines and authorize funding. Danielle Surdin, Economic Development Coordinator, presented staff report. Coordinator Surdin explained that in 1994 Village merchants decided to try and improve the downtown area by purchasing pole-mounted holiday wreaths for the downtown light poles and commercial grade decorative lighting for the Village street trees. Since that time Ms. Donna Collins, a local Village merchant, has purchased, maintained, and installed the lights and wreaths that are currently in the Village. Ms. Collins has done this through merchant donations and personal finances. Coordinator Surdin noted the City has supported merchant efforts to improve the downtown by covering electricity costs for the decorative lights and assisted Ms. Collins during the holiday season by installing the wreaths on the downtown light poles. To date the City of Saratoga has no official decorative lighting guidelines for the Village, and local merchants have funded the lights and wreaths that currently exists. Coordinator Surdin briefly explained neighboring cities seasonal guidelines for decorative and/or holiday lighting. Coordinator Surdin noted that on July 31, 2001 two decorative lighting options were presented at the Saratoga Business Development Committee (SBDC). Option 1 consisted of the purchase and installation of commercial grade lighted wreaths to adorn the city light poles at all four major intersections along Big basin Way, and the first two light poles entering the Village. Option 2 included the replacement of existing tree lights with "Mini- Lights" purchased and installed by the City of Saratoga through the Economic Development Program. Option 2 was the choice preferred by the SBDC and the following guidelines were proposed: · Lights will be utilized year round during evening hours c> Regulated summer hours 7 p.m. - 11 p.m. o Regulated winter hours 6:00 p.m. - 11:00 p.m. · All lights will be connected to the City timer · Lights will be purchased by the City of Saratoga · Lights will be installed by lighting vendor and maintained through cooperation of the vendor and City staff · The City of Saratoga will assume the cost of electricity as is the current practice Coordinator Surdin noted that there are 98 village trees located along Big Basin Way the cost for "Mini Lights" would be $12,251.12. The overall project cost including tax, installing and shipping would be $21,500.00. City Council Minutes 23 September 5, 2001 10. Councilmember Bogosian asked if the seasonal lights could be purchased for less than $12,000.00. Coordinator Surdin responded that $9,000.00 of the total is installation costs. Mayor Mehaffey noted that he supports the Business District and supports the use of decorative lights during the holiday season, although he does not want the lights on all year round. Vice Mayor Streit concurred with the Mayor that the lights in the Village need improvements. Councilmember Bogosain noted that he supports the use of lights only during the holiday season and only if staff can reduce the cost. Councilmember Bogosian requested that this item be brought back to the Council with lower costs. Mayor Mehaffey suggested that staffbring this item back as a consent item. Vice Mayor Streit suggested the lights go up right after Thanksgiving until the middle of January. Mayor Mehaffey concurred with Vice Mayor Streit. Consensus of the City Council to agendize Item 9 for the next meeting. AUTHORIZATION TO CITY MANAGER TO EXECUTE RADIO INTEROPERABILITY AGREEMENT STAFF RECOMMENDATION: Authorize execution of agreement. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that public safety agencies in Santa Clara County have been confronted with a number of performance issues over the past years associated with the inefficient and untimely exchange of information, a lack of inter-agency field communication, and unnecessarily long call processing times. These limitations severely impact the delivery of timely and quality law enfomement, fire and emergency medical services throughout the County. City Manager Anderson noted that in 1998, at the direction of the Santa Clara County/City Managers' Association, the Santa Clara County Police Chiefs, Fire Chiefs and Communications Managers formed two working groups to study interoperability issues for two projects: voice radio and data covzanunications. The working groups identified a number of potential solutions that could assist a single agency, or agencies that bordered each other, but none of the solutions City Council Minutes 24 September 5, 2001 provided for a comprehensive approach that could meet all the collective needs to share information and communicate with each other regardless of jurisdictional boundary. City Manager Anderson noted that in June 2000, the City of Mountain View issued a RFP on behalf of the participating agencies soliciting professional services for Public Safety Data Communications Network's portion of the project. This network would virtually link all the public safety agencies in the County and provide the capability for information exchange and dispatch monitoring capability. Nine proposals were received and after careful screening William L. Doolittle & Associates was selected for the project. City Manager Anderson noted that in October 2000, the Radio Interoperability Work Group completed its conceptual design for a system that would patch radio equipment between agency dispatch centers and enhance radio communication. The final design connected audio from any radio channel or frequency to other agencies via high-speed phone lines and data connectors and allowed field users to communicate without requiring them to change radio channels in the field during an emergency incident. It was at that time the discovery was made that the conceptual design for the proposed voice network could also serve as a data network. Discussions were held with William Doolittle & Associates and the Managers Association regarding the efficiencies and economics of integrating both projects. City Manager Anderson noted that the decision to merge these two projects and form a single Radio Interoperability/Public Safety Data Communications project was approved by the Managers Association. A Conununications Steering Committee was established to serve as an oversight committee for the project. City Manager Anderson noted that participation on the Radio Interoperability/Public Safety Data Communications Network Project provides a great benefit to the citizens of Saratoga. Ensuring that the Sheriffs Office and Fire personnel can communicate in the field during an emergency, without interpretation and regardless of jurisdiction, has a profound public safety benefit. City Manager Anderson explained that these agreements cover the first two phases of this project. During Phase I of the project, Doolittle & Associates will collect information on existing public safety systems, mutual or automatic aid relevant data from each of the participate agencies. Using information gathered in Phase I, Phase II will provide recommended solutions for the Radio Interoperability and Data Communications Network issues. At the end of Phase II Doolittle & Associates will provide each of the participating agencies with a final report detailing the recommended alternatives. After the review of the Phase II report, decisions can be made regarding the funding and implementation of Phase III of this project. City Council Minutes 25 September 5, 2001 BOGOSIAN/STREIT MOVED TO APPROVE RADIO INTEROPERABILITY AGREEMENT. MOTION PASSED 3-0-2 WITH BAKER AND WALTONSMITH ABSENT. COMMISSION ASSIGNMENT REPORTS No reportable information at this time. CITY COUNCIL ITEMS Mayor Mehaffey requested that the staff investigate hiring a full time City Attorney and report hack to council on a future agenda. Vice Mayor Streit and Councilmember Bogosian both concurred with Mayor Mehaffey. Vice Mayor Streit noted the new sod at Congress Springs Park is going in and so far looks great. OTHER City Attorney Taylor noted that he would not be attending the meeting on September 19, 2001; Attorney Wittwer would be attending that meeting. CITY MANAGER'S REPORT City Manager Anderson reported that recently the Parks and Recreation Commission met with the neighbors of E1 Quito Park and received great input on park maintenance, public safety issues, and enforcement issues. Also four or five neighbors volunteered to help start a neighborhood traffic management program. ADJOURNMENT There being no fia-ther business, Mayor Mehaffey adjourned the meeting at 10:58 p.m. Respectfully submitted, Ann Sullivan, De-p'utyT£ity Clerk City Council Minutes 26 September 5, 2001