HomeMy WebLinkAbout09-19-2001 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
SEPTEMBER 19, 2001
The City Council of the City of Saratoga met in Open Session in the Administrative
Conference Room at 5:20 p.m. to interview applicants for the Finance Commission,
Citizen Oversight Committee, and Parks and Recreation Commission.
The City Council of the City of Saratoga met in Closed Session, Administrative
Conference Room, 13777 Fruitvale Avenue at 6:35 p.m.
Conference with Legal Counsel pursuant to Government Code Section 54956.9
Existing Litigation; Name of Case: Marcinkowski v. Saratoga
MAYOR'S REPORT ON CLOSED SESSION - 6:35 p.m.
Mayor Mehaffey requested a moment of silence in the memory of the victims of
September 11, 2001.
Mayor Mehaffey reported there was Council discussion but no reportable action was
taken.
Mayor Mehaffey called the Regular City Council meeting to order at 7:05 p.m. and
requested Mr. Francis Stutzman, former Mayor of Saratoga, to lead the Pledge of
Allegiance.
ROLL CALL
PRESENT:
Councilmembers Evan Baker, Stan Bogosian,
Ann Waltonsmith, Vice Mayor Nick Streit,
Mayor John Mehaffey
ABSENT: None
ALSO PRESENT:
Dave Anderson, City Manager
Jonathan Wittwer, City Attorney
Cathleen Boyer, City Clerk
Ray Galindo, Accounting Supervisor
John Cherbone, Director of Public Works
Paula Reeve, Administrative Analyst
Cary Bloomquist, Administrative Analyst
City Council Minutes 1 September 19, 2001
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 19,
2001.
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of September 19, 2001 was properly posted on
September 14, 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:
Francis Stutzman, 15195 Park Drive, reported after installing an alarm system he has had
three false alarms and fined $75.00 each time. Mr. Stutzman admitted two of the
occasions the alarm company was at fault but the third time it was not appropriate.
Mr. Stutzman asked the Council for a clear definition of a "false alarm" and suggested
the Council reconsider the ordnance.
Ester Kim, 3287 Fowler Avenue, noted that she is concerned about several safety issues
at the bottom section of Parker Ranch Trail. Ms. Kim pointed out that the following
safety issues:
· Closure of trail forces bicyclists to ride up a dangerous section of Prospect Road
to get to Fremont Alder Preserve
· Bicycle traffic on Prospect Avenue is dangerous to riders as well as others
· Inconsistent signs on trail
Ms. Kim requested that the City Council investigate this trail section.
Henry Pastorelli, Vice President/R.O.M.P., 1207 Lisa Court, Los Altos, noted that he was
representing R.O.M.P., the largest bicycle group in south bay. Mr. Pastorelli noted that
the group takes weekly rides to Fremont Alder Preserve and have seen Ms. Kim's
concerns first hand. Mr. Pastorelli urged the Council to investigate the lower section of
the Parker Ranch Trail.
Debra Briggs, Director/Silicon Valley Animal Control, noted that she was present tonight
at the request of Councilmember Bogosian to update the Council on the recent incidents
involving cats. Ms. Briggs noted that on last week two cats were found tied up and
City Council Minutes 2 September 19, 2001
burned on railroad tracks in Saratoga. Ms. Briggs reported that a resident, who
immediately called the Sheriff's Department, spotted a third cat in the same situation.
Ms. Briggs noted that this resident was able to get the license plate number, which
resulted in the arrest of two juveniles who reside in Campbell. Ms. Briggs noted that the
cat is severely burned, but still alive.
Captain Bacon added that the two juveniles were in custody. Captain Bacon noted that
both boys were extremely close to turning eighteen, which may help to prosecute them as
adults.
COUNCIL DIRECTION TO STAFF
Councilmember Waltonsmith noted that she would like staff to look at the definition of
false alarms.
Councilmember Bogosian requested that Animal Control keep the City informed in
regards to the prosecution of the two juveniles and suggested that the City write a letter to
the District Attorney supporting prosecuting the boys as adults and sentencing them to
the maximum sentence allowed.
Councilmember Waltonsmith suggested that the resident who helped arrest the boys be
presented with a commendation from the City.
Mayor Mehaffey requested additional information on the safety issues pointed out by Ms.
Klm on the bottom section of the Parker Ranch Trail.
ANNOUNCEMENTS
Mayor Mehaffey reported that there were two positions to be filled on the Ad Hoc
Committee for the Public Safety Center, four vacancies on the Finance Commission, and
five positions available on the Saratoga Community Foundation Board of Directors.
Mayor Mehaffey announced at the Saratoga Fire District would be holding BBQ on
Sunday, September 22nd at the Farmer's Market to benefit the victims of the September
11 th attack.
CEREMONIAL ITEMS
lA.
APPOINTMENT AND OATH OF OFFICE OF PUBLIC SAFETY
COMMISSION MEMBER
STAFF RECOMMENDATION:
Approve Resolution of Appointment and Administer Oath of Office.
TITLE OF RESOLUTION: 01-063
City Council Minutes 3 September 19, 2001
RESOLUTION OF THE CITY COUNCIL APPOINTING ONE
MEMBER TO THE PUBLIC SAFETY COMMISSION
City Clerk Boyer administered the Oath of Office to Ronny Santana.
BAKERJBOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING
RONNY SANTANA TO THE PUBLIC SAFETY COMMISSION.
MOTION PASSED 5-0.
Mayor Mehaffey declared that it was the appropriate time to begin the public heating.
PUBLIC HEARINGS
CAPITAL IMPROVEMENT PROGRAM
STAFF RECOMMENDATION:
Open public hearing; close public hearing; accept report and direct staff
accordingly.
John Cherbone, Director of Public Works, presented staff report.
Director Cherbone reported that at the CIP Study Session in June and at the
meting in August, Council discussed 39 proposed new CIP projects that totaled
$13,130.00. Currently the Council has identified 23 projects, which are
proposed to receive full or partial funding for a total of $8,220.00.
Director Cherbone explained the total funded amount by funding source as
follows:
· GeneralFund: $4,190,000
· Park Development: $1,505,000
· Grant Source; $1,900,000
· Other Source: $425,000
Total: $8,220,000
Director Cherbone explained the City's Fund Balance Reserves available for
the above sources:
· GeneralFund: $6,4971,782
· Park Development: $1,000,000 ($425,000 fund balance, $375,000 park
Bond Act, $200,000 Anticipated Park-In-Lieu Fees)
Director Cherbone explained the balance of the City Reserve Funds after
project funding:
· GeneralFund: $2,101,782
· Park Development Fund: $505,000
City Council Minutes 4 September 19, 2001
Director Cherbone noted that the next steps in the five-year CIP are: · Study Session with the Finance Commission
· General Plan and Environmental Public Hearing with the Planning
Commission
· Final Public Hearing with the City Council.
Mayor Mehaffey opened the public heating at 7:30 p.m.
Frances Colletti, 12185 Terrence Avenue, requested that the City Council
reconsider funding landscaping on the medians on Prospect Road. Mrs.
Colletti reported that she has collected 270 signatures supporting this project
from residents around Prospect Road. Mrs. Colletti noted that it is one of the
gateways into Saratoga and should look nice.
Emma Wyckoff, 18660 Paseo Lardo, stated some of the surrounding
neighborhoods have not had an adequate opportunity to review the Azule Park
Master Plan that is listed on the CIP. Ms. Wyckoff requested that this item be
continued to the next meeting. Ms Wyckoff requested funding for adequate
maintenance at E1 Quito Park. Ms. Wyckoffnoted that she visited City Hall
and requested a copy of the CIP and was told it was not available to the public.
Elaine Clabeaux, Chair/Parks and Recreation Commission, reminded the City
Council the Parks and Recreation Commission top four CIP projects:
1) Playground Safety, 2) Park and Trail Repairs, 3) El Quito Park
Improvements 4) Azule Park Improvements. Chair Clabeaux commented that
it is still a goal of the Commission to find a home for the Pony League.
Judy Alberts, 20747 Lowena Circle, reminded the City Council that they
promised the Pony league that a field would be provided to them for practice
and games. Mrs. Alberts also noted that practice fields were promised to
AYSO and CYSA. Mrs. Alberts noted that she did not see anything in the CIP
that indicated any space or money for these user groups.
Sheila Ioannou, 13624 Vaquero Court, noted that she is disappointed with the
City for not backing their promises to the various sport organizations. Mrs.
Ioannou noted that these organizations provide a safe environment that our
children can participate in.
Karen Murphy, 12590 Paseo Lardo, noted that E1 Quito Park needs money for
general maintenance and an upgraded irrigation system.
Mayor Mehaffey closed the public heating at 7:55 p.m.
Councilmember Baker noted that he is disappointed that when requested
members of the public were not readily provided with a copy of the CIP.
City Council Minutes 5 September 19, 2001
City Manager Anderson noted that the CIP would be made available on the
City's website and at the Public Works Department.
Vice Mayor Streit commented that several speakers commented on the
inadequate condition of E1 Quito Park. Vice Mayor Streit noted that he
recently walked through El Quito Park and noticed several safety hazards - a
new irrigation system and new sod is desperately needed. Vice Mayor Streit
noted he supports adding E1 Quito Park to the CIP process and funding it
through the General Fund.
Councilmember Waltonsmith noted that the City has deferred maintenance on
many parks for a very long time. Councilmember Waltonsmith asked if there
are any temporary solutions that could be done without spending a lot of
money.
Director Cherbone noted that there are a few things that could be done
temporarily but E1 Quito Park really needs a new irrigation system.
Councilmember Baker noted that he feels that one of the most important jobs
of being a Councilmember, in a minimum service city, is to maintain and
support the infrastructure.
In regards to Ms. Wyckoff comments, Mayor Mehaffey noted that tonight the
Council is not approving the CIP. Mayor Mehaffey stated that on October 17th
the public will have another opportunity to make comments and Council will
consider the final approval of the CIP.
Vice Mayor Streit noted that improvements at E1 Quito Park have to happen,
even if the project is not funded until 2003.
Director Cherbone noted that staff would monitor the budget every year and if
the opportunity presents itself fimding adjustments would be made.
Consensus of the City Council to put E1 Quito Park Improvements into the
CIP.
Councilmember Waltonsmith noted she supports a feasibility study on the
medians on Prospect Road.
Councilmember Baker asked if the City of San Jose and the City of Cupertino
been contacted.
Director Cherbone noted that he already contacted the City of San Jose but has
not received any response. The City of Cupertino responded and would be
City Council Minutes 6 September 19, 2001
interested in a joint project.
Councilmember Baker suggested that Saratoga and Cupertino send the City of
San Jose a proposal to jointly fund this project.
Mayor Mehaffey noted that he supports Councilmember Waltonsmith request
to fund the conceptual design for the medians on Prospect Road.
Director Cherbone noted that he would recommend approximately $25,000 for
this project.
Consensus of the City Council to put funding in the CIP for the conceptual
design for landscaping the medians on Prospect Road.
Councilmember Waltonsmith thanked the members of the audience for coming
tonight and providing input.
Mayor Mehaffey declared a ten-minute beak at 8:20 p.m.
Mayor Mehaffey reconvened the meeting at 8:30 p.m. and requested that the City
Council move to item #5.
Consensus of the City Council to move to Item #5.
OLD BUSINESS
5. DRAFT HOUSING ELEMENT
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Tom Sullivan, Community Development Director, presented staffreport.
Director Sullivan that the draft Housing Element is the result of direction given at
several City Council and Planning Commission meetings. Director Sullivan
explained that consistent with the City Council direction, the draft Housing
Element has been crafted so as to not delineate particular parcels as locations for
higher density below market rate housing projects. A multi-prong approach was
developed using projects already in the pipeline, an amnesty program for existing
second dwellings, new second dwellings, a mixed use zoning overlay for all
Commercial, Quasi-Public and Public land use designations. The other housing
Program mandated by the state statute to be part of the Housing Element.
Director Sullivan reported that the City's Consultant, Jeff Goldman, has identified
about 45-acres that could be developed in mixed use projects over the next five
City Council Minutes 7 September 19, 2001
years. The map included in the draft Housing Element does not individually
depict the areas expected to be redeveloped in a mixed-use project. Mr. Goldman
strongly suggests we identify the areas that make up the 45 acres. Staffwould
suggest that we submit the draft Housing Element without individual sites
identified and see how HCD responds. The Housing Element is as a stage that
now requires a preliminary review by HCD to know if any additional items or
more specifically is needed in any of the existing programs. Director Sullivan
noted that his would not be their final review.
Director Sullivan reiterated that fact that the City's responsibility to provide a
setting in which housing may be constructed in compliance with the income
distribution provided by ABAG. It is not the City's responsibility to construct any
housing. It is further the City's responsibility to submit an annual report to HCD,
which measured the success or progress of each of the programs found within the
Housing Element.
Director Sullivan noted that staff recommends the City Council review the draft
Housing Element, provide direction to staff regarding any adjustments to the
document and authorize the Mayor to sent the draft Housing Element to the HCD
and the State Department for their preliminary review.
Director Sullivan noted that this is not a formal hearing for the Housing Element;
this is just the authorization to send the draft to the HCD.
Councilmember Bogosain noted that he feels this draft document creates
expectations from the HCD.
Director Sullivan responded that HCD would look at the City's draft Housing
Element as a preliminary document.
Councilmember Bogosian noted asked if the City could make changes after HCD
reviews the preliminary document.
Director Sullivan responded that the City would have to justify the changes.
Councilmember Baker stated the City has developed the best possible Housing
Element possible. Councilmember Baker noted that the City has to send the draft
to HCD and gain a corporative relationship with the assigned State staff member.
Councilmember Baker noted that the City has to get an approved Housing Element
by December 31st deadline - no matter what.
Councilmember Bogosian questioned page 9, Program 5.2 - Homeless and
Transitional Houses Facilities and Services. Councilmember Bogosian asked if
this overlay is ever enacted, that spreads these types of units all over the City of
Saratoga, are there any set standards for such establishments in the City of
City Council Minutes 8 September 19, 2001
Saratoga.
Director Sullivan noted that the City has given itself until July 1, 2002 to establish
such standards.
Councilmember Bogosian stated that he is a resident on one of the areas identified
for this type of overlay and speaking for a number of people who feel it is
inappropriate because there are no set standards to protect and guarantee their
quality of life and safety.
Mayor Mehaffey asked if the City could narrow the zoning after HCD approves
the Element to a smaller area.
Director Sullivan responded if the zoning were changed the Housing Element
would have to be amended.
Mayor Mehaffey opened the public heating at 8:30 p.m.
Muriel Mahrer, 13577 Myren Drive, noted that if previous City Councilmembers
acted on this issue in the past, the City would not have such problems today.
Ms. Mahrer noted that she supports inclusionary zoning, density bonus, and
amnesty programs.
Jeff Schwartz, San Marcos Court, stated that prior City Councilmembers ignored
low-income housing. Mr. Schwartz commended City staff, JeffGoldman, and the
City Council for all of the effort that has gone into the Housing Element. Mr.
Schwartz commented that as it stands now, the Housing Element does not threaten
the character of the City.
Vic Monia, Granite Way, stated that the Housing Element maintains the character
of Saratoga. Mr. Monia thanked City Staff for all their hard work.
Emma Wyckoff, 18660 Paseo Lardo, requested that the City do a better job
educating the conununity on issues such as the Housing Element, she personally
did not know what is was until tonight.
Betty Feldhym, 20184 Franklin Drive, fully supports the draft Housing Element
and concurred with the points Muriel Mahrer brought up.
Mayor Mehaffey Closed the public hearing at 9:00 p.m.
Councilmember Bogosain noted that he is uncomfortable with the whole process
and he noted that he agrees with Ms. Wyckoff that the citizens of Saratoga are not
sufficiently informed in regards to the Housing Element.
City Council Minutes 9 September 19, 2001
Councilmember Bogosian stated that he would be voting against sending the draft
Housing Element to HCD. Councilmember Bogosian stated that it is not the
Housing Element that he is uncomfortable with but the process. Councilmember
Bogosian stated that guidelines should be in place before agreeing to have them in
a particular neighborhood.
Vice Mayor Streit asked how long it would take to get a response back from HCD.
Director Sullivan responded approximately 60 days.
Mayor Mehaffey asked what the penalties would be if the City's Housing Element
was not approved by December 31st.
Director Sullivan responded that the City would be out of compliance and if
someone sued the City it would take a judge to make the determination.
Councilmember Waltonsmith noted that she was one of the Councilmembers that
went to Oakland to try and prove that the numbers given to the City by ABAG
were unrealistic. Unfortunately ABAG told the City that those were the numbers
set, and the City must comply with them. Councilmember Waltonsmith noted that
she supports sending the draft Housing Element to HCD.
Vice Mayor Streit concurred with Councilmember Waltonsmith on sending the
draft Housing Element to HCD but also noted he agrees with Councilmember
Bogosian that we cannot change the character of Saratoga.
Councilmember Baker noted that the City has had three years to act on this issue
and unfortunately the staff at the time chose not to do anything about ABAG's
projections. Councilmember Baker noted that the City must have an approved
Housing Element that does not destroy the character of the City, preserves the
quality of life, and provides for all the necessary elements that need to be included.
The City Council thanked Director Sullivan for job well done.
BAKER/STREIT MOVED TO AUTHORIZE THE MAYOR TO SEND THE
DRAFT HOUSING ELEMENT TO THE HOUSING & COMMUNITY
DEVELOPMENT DEPARTMENT. MOTION PASSED 4-1 WITH
BOGOSIAN OPPOSING.
NEW BUSINESS
6. SHERIFF'S DEPARTMENT STATUS REPORT ON DEPLOYMENT OF
NEW TRAFFIC OFFICERS
City Council Minutes 10 September 19, 2001
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Kevin Bacon, Captain/Santa Clara County Sheriff's Department, presented staff
report.
Captain Bacon reported that on November 1,200 the City Council voted to
exercise the option in the Law Enforcement contract to increase Supplemental
patrol hours to provide two additional deputies to address traffic issues. The
additional enforcement has helped to address many of the traffic concerns relating
to schools and neighborhoods. The Cities current traffic unit consists of four full
time officers.
Captain Bacon noted that staff is recommending taking the next step to transition
the focus from enforcement to one community oriented policing to traffic issues.
Captain Bacon noted that he would give a brief presentation outlining the statistics
and accomplishments resulting from the additional traffic coverage.
Captain Bacon noted that numerous complaints received from Saratoga residents
regarding traffic issues. The complaints were forwarded to the Public Safety
Commission who in turn recommended that the City Council approve two
additional traffic Deputies. Captain Bacon reported that following statistical
information:
· Traffic citations have increased by 175% from 1558 to 4277
· Speeding citation increased by 320% from 671 to 2815
· Driver education via warnings increased 365% from 68 to 316
· Overall accidents decreased by 8.5% from 333 to 305
· Injury accidents decreased by 17% from 77 to 64
· Fatal accidents decreased by 100% from 1 (with two victims) to 0%
· Accidents in which the primary factor was speeding decreased by 40%
from 65 to 39
· Back-up assistance to regular patrol units increased by 112% from 249 to
539 responses
· Traffic units first on the scene to alarm and 911 calls increased 135% from
63 to 148 responses
· Directed enforcement ability and efforts (radar and monitoring) increased
215% from 962 responses to 3026
Captain Bacon briefly described the Sheriff's Department plans for the future:
· Active involvement with Neighborhood Traffic Management Program
(NTMP)
· Establish School Traffic Safety Liaison Officer
· Liaison with Department of Public Works
City Council Minutes 11 September 19, 2001
· Liaison with businesses to address downtown traffic concerns
· More community oriented policing projects
Captain Bacon thanked the City Council for their continued support and stated that
the City of Saratoga is one of the safest cities in the county and the state.
Councilmember Bogosain complimented the efforts of the Sheriff's Department.
Mayor Mehaffey noted that he has seen the difference in the City's traffic and
speeding.
Councilmember Waltonsmith noted that she would like to see the Sheriffs
Department move forward with the child safety seat program.
City Manager Anderson noted that one officer will make the transition to more
community oriented projected.
Vice Mayor Streit noted that the extra Deputies have done a great job and
commented that school traffic is still a problem. Vice Mayor Streit noted that it is
not a speed issue, but parents dropping offand picking up kids. Vice Mayor Streit
noted that he fully supports the continued use of a bike officer in the Village.
Mayor Mehaffey thanked the Sheriff's Department for coming to tonight's
meeting.
NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Paul Reeve, Administrative Analyst, presented staffreport.
Analyst Reeve reported that the Neighborhood traffic Management Program
(NTMP) is intended to provide the public with information and a Tool Kit to help
identify appropriate traffic control measures to address neighborhood traffic
problems. It illustrates the types of traffic management measures that can be used
to control traffic on residential streets, and identifies a process whereby residents
can work with the City to solve neighborhood traffic problems.
Analyst Reeve noted that he NTMP document is designed to educate and empower
residents with the tools to evaluate and become actively involved in the decision
making process to find traffic management solutions in their neighborhood.
Analyst Reeve noted that the NTMP is the culmination of several years of work by
the Public Safety Commission, City Staff, and CCS Planning and Engineering.
City Council Minutes 12 September 19, 2001
The Public Safety Commission reviewed the final draft at the July 2001 meeting.
Emma Wyckoff, 18660 Paseo Lardo, stated that her neighbors have submitted
suggestions to the Public Safety Commission to tackle issues on her street. Ms.
Wyckoffnoted that the additional Deputies have made a difference. Ms. Wyckoff
noted that the NTMP should have been posted on the City's website.
City Manager Anderson noted that if the City Council accepts the NTMP, staff
would begin scheduling neighborhood meetings.
Mayor Mehaffey thanked everyone who participated in the process in preparing
the NTMP.
STREIT/BOGOSIAN MOVED TO ACCEPT THE NEIGHBORHOOD
TRAFFIC MANAGEMENT PROGRAM. MOTION PASSED 5-0.
SCHOOL SAFETY SUMMIT REPORT
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Paula Reeve, Administrative Analyst presented staff report.
Analyst Reeve reported that staff was directed to form a subcommittee to evaluate
solution to growing concerns about school traffic and safety issues. The Schools
Transportation Task Force was formed and Bridgette Ballingall, Public Safety
Commissioner took the role as the Subcommittee Chair. Analyst Reeve stated that
the School Safety Summit Report is the second component of the Tool Kit.
Analyst Reeve explained that the Saratoga Schools Transportation Task Force is a
collaborative effort comprised of representatives 15o the school districts in
Saratoga, law enforcement, the City, the community, and transportation agencies.
As an outcome, the Task Force developed the School Traffic Calming Program,
which provides a structure to manage school traffic and ensure implementation
measures.
Analyst Reeve noted that Commissioner Ballingall would give a brief presentation
on the history of the Schools Transportation Task Force.
Commissioner Ballingall reported that the Subcommittee was formed over a year
ago to evaluate solutions to the growing concerns about school traffic issues and
safety. Commissioner Ballingall explained that site evolutions of all the schools
where performed and representatives from all schools met throughout the year and
m. apped and discussed all relevant problems and brainstormed for short-term and
long-term solutions for each school.
City Council Minutes 13 September 19, 2001
Commissioner Ballingall noted that short-term solutions were implemented
immediately and long-term solutions are outlined for further development by the
SSTTF.
Commissioner Ballingall explained the contents of the School Traffic Calming
Program:
1. Enforcement and Monitoring
2. Signing and Striping
3. Rides to School Program
4. Site Improvements
5. Bussing
6. Pedestrian Safety
Councilmember Waltonsmith asked Commission Ballingall if all of the school
support this program.
Commissioner Ballingall responded that 12 schools from three different districts
have participated in the subcommittee and everyone supports the program.
Councilmember Baker asked if Saratoga union School District started a bussing
program yet.
Commissioner Ballingall responded that a pilot program has been started using one
bus at Redwood Middle School. Unfortunately, Commissioner Ballingatl
commented the bus subscription is under funded; only twenty families are
participating in the program so far this year.
Commissioner Ballingall noted that bussing programs are extremely expensive to
operate. Commissioner Ballingall noted that ALTRANS recently was awarded
$36,000.00 in grant funds and purchased one clean airbus.
Councilmember Baker strongly suggested to Commissioner Ballingall that the
Task Force work on solutions to solve the traffic congestion at Redwood Middle
School. Councilmember Baker noted that it impacts City Hall and the Post Office.
Councilmember Bogosian thanked Commissioner Ballingall noting that the
Subcommittee did a tremendous job. Councilmember Bogosain noted that his
concern is the subscription-bussing program; he does not want to lock the City into
a financial commitment to pay for the program in the future. Councilmember
Bogosain noted that a bussing program has to be funded by cooperative efforts
between all of the schools.
A discussion took place in regards to how other districts pay for bussing services.
City Council Minutes 14 September 19, 2001
Commissioner Ballingall noted that none of the districts in this county have a
comprehensible bussing program.
Commissioner Ballingall noted that one of the main objectives of the Task Force is
to promote a comprehensible carpooling program and to continue the collaborative
efforts of the Task Fome.
The City Council commended Commissioner Ballingall and the rest of the Task
Force for all of their efforts.
WALTONSMITH/BAKER MOVED TO ACCEPT THE SCHOOL TRAFFIC
CALMING PROGRAM. MOTION PASSED 5-0.
CONSENT CALENDAR
2A.
APPROVAL OF COUNCIL MINUTES OF:
APPROVE COUNCIL MEETING MINUTES
REGULAR MEETING - JULY 18, 2001
STAFF RECOMMENDATION:
Approve submitted minutes.
Councilmember Waltonsmith pulled the minutes of July 18, 2001 and
requested the following be corrected. On page 18, 4th paragraph, the statement
should read, "Councilmember Waltonsmith asked if people opposing this
project attended the Planning Commission meeting".
WALTONSMITH/STREIT MOVED TO APPROVE MINUTES OF JULY
18, 2001 CITY COUNCIL MINUTES AS AMENDED. MOTION
PASSED 5-0.
2B.
REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
STREIT/BOGOSIAN MOVED TO APPROVE THE CHECK REGISTER.
MOTION PASSED 5-0.
2C. FINANCIAL REPORTS - YEAR END JUNE 30, 2001
STAFF RECOMMENDATION:
Accept Financial Reports and adopt resolutions.
TITLE OF RESOLUTION: 01-064
City Council Minutes 15 September 19, 2001
2D.
2E.
RESOLUTION OF THE CITY COUNCIL MAKING APPROPRIATION
ADJUSTMENTS TO THE FISCAL YEAR 2000/2001 BUDGET
TITLE OF RESOLUTION: 01-065
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
PURCHASE ORDER AND RELATED APPROPRIATION
CARRYOVERS FROM FISCAL YEAR 2000/2001 INTO FISCAL YEAR
20001/2002
STREIT/BOGOSIAN MOVED TO ACCEPT FINANCIAL REPORTS
AND ADOPT RESOLUTIONS. MOTION PASSED 5-0.
REVIEW OF PLANNING COMMISSION ACTION MINUTES
SEPTEMBER 12, 2001
STAFF RECOMMENDATION:
Note and file.
STREIT/BOGOSIAN NOTE AND FILE PLANNING ACTION
MINUTES. MOTION PASSED 5-0.
APPROVE AUTHORIZATION TO CITY MANAGER TO EXECUTE
AGREEMENT WITH SANTA CLARA COUNTY LIBRARY - JOINT
POWERS FOR LIBRARY SERVICES
STAFF RECOMMENDATION:
Authorize execution of contract.
TITLE OF RESOLUTION: 01-066
RESOLUTION OF THE CITY COUNCIL TO APPROVE AMENDED
AND RELATED JPA AGREEMENT FOR LIBRARY SERVICES
STREIT/BOGOSIAN MOVED TO APPROVE AUTHORIZATION TO
CITY MANAGER TO EXECUTE AGREEMENT WITH SANTA
CLARA COUNTY LIBRARY - JOINT POWERS FOR LIBRARY
2F.
SERVICES. MOTION PASSED 5-0.
AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT
TO DURAN & VENABLES FOR 2001 PAVEMENT MANAGEMENT
PROGRAM
STAFF RECOMMENDATION:
Authorize execution of contract.
City Council Minutes 16 September 19, 2001
STREIT/BOGOSAIN MOVED TO APPROVE AUTHORIZATION TO
CITY MANAGER TO EXECUTE AGREEMENT WITH DURAN &
2G.
VENABLES. MOTION PASSED 5-0.
ADOPT RESOLUTION MAKING APPROPRIATE BUDGET
ADJUSTMENTS TO FY 2001-02 BUDGET - AZULE PARK MASTER
PLAN
STAFF RECOMMENDATION:
Adoptresolution.
TITLE OF RESOLUTION: 01-067
RESOLUTION FO THE CITY COUNCIL AMENDING THE 2001/2001
BUDGET FOR AN APPROPRIATION OF $80,000 FOR DESIGN AND
ENGINEERING SERVICES AT AZULE PARK AND TO ESTABLISH
CAPITAL IMPROVEMENT PROJECT #0110 "AZULE PARK
IMPROVEMENTS"
Emma Wyckoff, 18660 Paseo Lardo, requested that the City Council remove
Item 2G from the Consent Calendar and continue it to the next meeting. Ms.
Wyckoff noted that she feels it is too premature to approve this amount of
money to improve one park in the City of Saratoga. Ms. Wyckoff asked that
the City perform a comprehensive analysis on all the parks in the City and try
and meet all the needs of the residents not just one group. Ms. Wyckoff
requested a complete line item breakdown of the Azule Master Plan project.
Jim Schindler, 12302 Goleta Court, noted that he has waited 30 years for this
park to be developed and finally the City has made Azule park a priority. Mr.
Schindler noted that the neighbors of the park worked very hard to get to this
point. Mr. Schindler requested that the City Council approve this project and
fund it appropriately.
Katie Alexander, 12340 Goleta Avenue, agreed with the Mr. Schindler that the
neighbors worked very hard and the process has taken months. Mrs.
Alexander noted that over 150 people were involved in the planning process of
the proposed Azule Master Plan and requested that Council approve this
project and add it to the CI]?.
Mayor Mehaffey read a letter for the record submitted by Mark Linsky, 14240
Barksdale Court. In his letter Mr. Linsky noted that the basic needs of the
residents of Saratoga should be met before investing large amounts of money
into one park that only serves a specific group of people.
City Council Minutes 17 September 19, 2001
2H.
2I.
STREIT/BOGOSIAN MOVED TO ADOPT RESOLUTION AMENDING
BUDGET TO INCLUDE CIP # 0110 - AZULE PARK
IMPROVEMENTS. MOTION PASSED 5-0.
AUTHORIZATION TO CITY MANAGER TO EXECUTE
COOPERATIVE AGREEMENT CONCERNING QUITO ROAD
BRIDGE REPLACEMENT PROJECT
STAFF RECOMMENDATION:
Authorize execution of agreement.
STREIT/BAKER MOVED TO AUTHORIZE EXECUTION OF
AGREEMENT CONCERNING QUITO ROAD. MOTION PASSED 5-0
AUTHORIZATION TO CITY MANAGER TO EXECUTE
AGREEMENT WITH SANTA CLARA COUNTY - PROPERTY TAX
SETTLEMENT
STAFF RECOMMENDATION:
Authorize execution of agreement.
Mayor Mehaffey pulled Item 2I from the Consent Calendar.
Mayor Mehaffey noted that after reading the agreement he thinks the City is
giving up our rights and not getting anything in return. Mayor Mehaffey noted
he does not support this agreement.
Mayor Mehaffey requested that the city write a letter to the County stating his
objections and see what there view is.
Councilmember Bogosian noted that he would support Mayor Mehaffey's
request.
Attorney Wittwer noted that the release language in Section 4.1 is very broad;
it would be in the City's interest to try and negotiate that particular language.
Consensus of the City Council to direct staff to write a letter to Santa Clara
County regarding the Property Tax Settlement.
OLD BUSINESS
4. PRESENTATION BY SANTA CLARA VALLEY TRANSPORTATION
AUTHORITY - HIGHWAY 85 UPDATE
City Council Minutes 18 September 19, 2001
STAFF RECOMMENDATION:
Informational only.
Director Cherbone announced that Mike Evanhoe/Valley Transportation Authority
was scheduled to present the feasibility report on the grinding on Highway 85.
Unfortunately, Mr. Evanhoe contacted the City and reported that some issues with
Caltrans have not been resolved. Director Cherbone noted that Mr. Evanhoe
indicated that he would report to Council sometime in October.
NEW BUSINESS
9. CITY ARBORIST REQUEST FOR FEE INCREASE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Director Sullivan presented staff report.
Director Sullivan explained that the City entered into a contract with Barrie D.
Coates in July 1992. Under this contract the rate charged was 20% less than what
Mr. Coates charged private clients. The rate charged to the City has not been
changed even though the rates to private clients have changed significantly over the
past nine years. Mr. Coates has requested that we discuss bringing fee they charge
the City of Saratoga closer to what they charge their private clients. Currently,
Director Sullivan noted that the rate charged to the City of Saratoga is 35.7% less
than what he charges to private clients.
Director Sullivan explained that a summary of revenues and expenditures for City
Arborist activities in fiscal year 2000-2001. The deposit or fees are taken in at the
beginning ora development project and the expenditures are spread over the life of
the development activity, sometimes for years. The Planning Department tracks each
deposit and wither refunds monies not spent or request additional payment if cost
exceed the original debt. Any additional payments are required to be made prior to
"Final" approval of the project.
Director Sullivan noted that staff has identified five alternatives that the Council
could consider and provide staff with direction. Director Sullivan briefly described
each alternative:
11 Negotiate a contract amendment that is satisfying to both parties
2. Submit a "Request for Proposals" to all qualified arborist in the Santa Clara
Valley region and bring back report and contract proposal to the City
Council.
3. Require development applications and others who wish to remove
"Ordinance" size trees to submit an Arborist Report at the time the applicant
city Council Minutes 19 September 19, 2001
is submitted to the Planning Commission.
4. Create an in-house City Arborist position.
5. Decline to amend the contract.
Vice Mayor Streit questioned if it's normal for a city to have a single source
provider.
Director Sullivan responded that the City of Saratoga has many single source
contractors for specialty professions, although most cities review the contract after a
few years.
Councilmember Waltonsmith noted that the City of Saratoga is very proud of its
trees and has worked hard to obtain a competent arborist.
Councilmember Bogosain noted that he has been very satisfied with the work Mr.
Coates has done so far. Councilmember Bogosian noted that Mr. Coates knows the
history of Saratoga. Councilmember Bogosian noted he does not support an RFP
process for this service.
Mayor Mehaffey noted that it is the consensus of the Council that Mr. Coates work
has been appreciated and well done but he feels it is his fiscal responsibility to
proceed with a RFP and would encourage Mr. Coates to submit a proposal.
Councilmember Baker noted that he is uncomfortable negotiating with Mr. Coates
without gathering comparable data of what the market place could offer the City.
Councilmember Baker noted that he agrees with his colleagues that Mr. Coates does
have a qualitative value and knows the history of Saratoga, but other options need to
be investigated.
Vice Mayor Streit and Councilmember Waltonsmith stated they support Alternative
2.
Councilmember Bogosian noted he could support the RFP, but does not support
hiring any more staff members.
Consensus of the City Council to prepare a RFP for City arborist services.
10.
SEPTIC ABATEMENT HARDSHIP PROCEDURES
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Paula Reeve, Administrative Analyst, presented staff report.
City Counci! Minutes 20 September 19, 2001
Analyst Reeve briefly provided the background of the ordinance adopted by Council
in February 2000 in an effort to improve the quality of underground and creek water
in the region. The Ordinance requires septic systems in the city to be abandoned, and
properties to be connected directly to the public sewer by August 21, 2000.
Analyst Reeve noted that as a result the Community Development Department
developed procedures to track and manage the process of implementing the new
ordinance. Homeowners who met certain criteria set out in the code were granted
exemptions or extensions. Analyst Reeve reported that to date 156 exemptions have
been granted by the Community Development Department for various reasons
Analyst Reeve noted that at its April 5, 2000 City Council meeting, Council allocated
approximately $87,270 of Community Development Block Grant (CDBG) funds to
provide assistance to property owners whose financial circumstances prevented than
from complying. Staff processed requests for financial hardships into the CDBG
funding process because it would result in installation of sewer connection for those
who qualified under the HUD income limit guidelines. After two candidates were
qualified, the Council asked to approve the sewer lateral connection contracts.
Analyst Reeve noted that Councilmembers questioned why staff made the
determination to process the applicants through the CDBG program, rather that
invoking the hardship extension provision of the code. As a result, staff was directed
to return to Council to receive direction regarding the approach to be used to process
cases of financial hardships.
Analyst Reeve briefly described the City's options as follows:
1. All Financial hardship requests for extensions/exemptions to be received by a
City Council subcommittee for eligibility, Council subcommittee to provide
staff direction concerning whether to process applicants through hardship
extension beyond 50 year timeframe outlined, or through he CDBG program.
2. Application for financial hardship is processed according to income eligibility
guidelines. Those applicants meeting CDBG income guidelines would be
processed through the program. Applicants exceeding CDBG income
guidelines would be processed through exception/extension process outlined
in the ordinance and brought to City Council for review and approval.
Analyst Reeve noted that to date Council has not granted any extensions beyond a 5-
year basis due to financial hardships.
Councilmember Baker stated that he does not believe that anyone has been informed
that they have the option to go to the Council directly and ask for an extension past
the five years. Councilmember Baker stated that as far as he is aware any person
who has come to the City to request an extension or deferral due to financial
hardships have only been referred to the CDBG process.
City Council Minutes 21 September 19, 2001
Councilmember Baker noted that under no circumstances was it the City's intention
to craft an ordinance that would force a person to sell their house in order to be in
compliance. Councilmember Baker noted that it was his understanding, as described
in the ordinance that the Council was to determine hardships.
Councilmember Baker asked how much of the $87,000.00, that the Council set aside
for hardships, has been used.
Analyst Reeve responded that approximately $50,000.00 has been used for five
connections.
Mayor Mehaffey noted that the CDBG process is appropriate process but concurred
with Councilmember Baker that forcing a person out of their home, if they are not
qualified for CDBG funding, was not Council's intention. Mayor Mehaffey noted he
supports a subcommittee and questioned if two Councilmembers are sufficient for a
subcommittee.
Attorney Wittwer noted that ultimately the final decision has to be made by the
Council but a two-member subcommittee could review applications and make
recommendations to the full Council.
Consensus of the City Council to appoint Councilmember Baker and Councilmember
Waltonsmith to the subcommittee to review applications for hardships to comply
with the sewer ordinance.
Consensus of the City Council to for a subcommittee review septic abatement
hardship requests.
MEHAFFEY/BOGOSIAN MOVED TO APPOINT COUNCILMEMBER
BAKER AND COUNCILMEMBER WALTONSMITH TO PARTICIPATE ON
THE SUBCOMMITTEE TO REVIEW APPLICATIONS FOR SEPTIC
ABATEMENT HARDSHIP REQUESTS. MOTION PASSED 5-0.
City Manager Anderson noted that currently there are four homeowners who have
applied for assistance and have been approved by CDBG and requested direction
from the Council.
Councilmember Baker pointed out that all applicants should be aware of their
options, either through CDBG or come before City Council.
Mayor Mehaffey stated that the four applicants who have already qualified through
the CDBG process should be released, but any new applications should be given the
choice to come before Council or go through CDBG.
Consensus of the City Council directed staff to process the four applicants who have
already qualified through CDBG.
City Council Minutes 22 September 19, 2001
AGENCY ASSIGNMENT REPORTS
Mayor Mehaffey announced that he had no reportable information at this time.
Vice Mayor Nick Streit noted that tomorrow night at the JPA Solid Waste meeting the
discussion would be the potential extension of the Recycling and Yard Waste Contract,
which expires January 2003. Vice Mayor Streit noted that after the JPA thoroughly
discusses the issues he would ask the Mayor to agendize the options of the contract.
Councilmember Baker reported that the new station manager at KSAR is working very
hard to establish a budget. They are also in the process of replacing their assets, actively
seeking grants and donations, and expanding their operation.
Councilmember Baker noted that he attended the California Cities Association meeting
and reported the following information:
· Executive Director and Recording Secretary resigned.
· Approved budget.
· October 19, 2001 - coordinated by the City of San Jose "Walk for Domestic
Violence".
Councilmember Bogosian reported the following information in regards to the Library
JPA:
· Library JPA - approved changes in the JPA agreement.
· Discussed staffing issues.
· Next meeting in October.
Councilmember Bogosian reported the following information in regards to the Silicon
Valley Animal Control:
· Up and running successfully for over a month.
· Almost fully staffed
· Drafting a Mission Statement.
Councilmember Waltonsmith reported the following: · Chamber of Commerce's last two meeting have been closed to the public.
· SASCC made $25,0000 at their annual fundraiser on August 25, 2001.
Councilmember Waltonsmith noted that SASCC would also be hiring a part time
social worker to come in 5 hours a week.
· Sister City Committee would be holding a Moon Viewing on August 28, 2001 at
Hakone Gardens.
· Valley Transportation PAC - nothing to report.
CITY COUNCIL ITEMS
City Council Minutes 23 September 19, 2001
Councilmember Waltonsmith noted that she recently read an article in Western City
magazine describing various city programs for recycling monitors, keyboards, etc.
Councilmember Waltonsmith asked if the City would be interested in considering a
similar program.
Vice Mayor Streit responded that that type of recycling program is on the agenda for
discussion at the next JPA Solid Waste meeting.
Councilmember Waltonsmith requested information on the current Peach Fruit Fly
issues.
Councilmember Bogosian noted that as a resident of the Saratoga Fire District he
received a letter today, not signed by any individual but printed on Fire District
leatherhead, entitled "Saratoga City Council rejects fire station plans". Councilmember
Bogosian requested that staff contact the District and ask them who paid for the
publication of this letter.
Councilmember Bogosian noted he received an email regarding the noise at the Mt.
Winery and requested an update on the noise mitigation and the County Planning process.
Councilmember Bogosian noted that he would be attending a tour of Mt. Umunhum
sponsored by Mid Peninsula Open Space.
Councilmember Baker asked when City staffwould be returning to Council with a follow
up report to consider a construction-recycling program. Councilmember Baker reminded
staff that when Council discussed the proposed construction-recycling program a few
months ago he requested that City staff contact three prominent contractors to come
before the Council and explain how these new proposed regulations would impact them.
Councilmember Baker noted that he has never seen this many American flags displayed
in Saratoga. Councilmember Baker stated that everyone should be saluted for it.
OTHER
None
CITY MANAGER'S REPORT
City Manager Anderson noted on Monday, Curtis Jewel/Postmaster, called him and
reported that he recently spoke to his regional postmaster and was informed that he was
not interested in selling the post office property on Saratoga Avenue. City Manager
Anderson noted that after he reported this new information to the Ad Hoc Committee, he
City Council Minutes 24 September 19, 2001
and Vice Mayor Streit met with the regional postmaster. After a long discussion, City
Manager Anderson noted that the postmaster was quite corporative, offered a few
potential options, and offered to work with the Ad Hoc Committee.
ADJOURNMENT
There being-no ihrther business, Mayor Mehaffey adjourned the meeting at 11:30 p.m. in
the memo.ry.of, th.~ September 11th victims.
/l~esp'~ct full
y submi . ~
City C, lerk . .~:-f .
city Council Minutes 25 September 19, 2001