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HomeMy WebLinkAbout04-07-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 7, 1999 - 4:00 p.m. PLACE: Closed Session - Administration Conference Room, 13777 Fruitvale Avenue; Regular Meeting - Council Chambers/Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 4:00 p.m. in the Administration Conference Room, 13777 Fruitvale Avenue 1. COMMISSION INTERVIEWS · 4:00 p.m. - Sesh RamaswamFFinance Commission · 4:10 p.m. - Ema Jackman/Planning Commission · 4:30 p.m. - Marcia Kaplan/Planning Commission · 4:50 p.m. - Lisa Kurasch/Planning Commission · 5:10 p.m. - Cheryl Martlage/Planning Commission The above listed applicants were interviewed. The City Council decided to appoint Michael Gordon to the Finance Commission. He was interviewed on March 3, 1999. This appointment will fill the one remaining vacancy in the Finance Commission. The second and final group of applicants for the Planning Commission is scheduled for interview on April 21, 1999 beginning at 4:00 p.m. Planning Commission appointments and oath taking are tentatively scheduled for April 27, 1999. ADJOURN TO CLOSED SESSION 2. CLOSED SESSION A. Conference with Legal Counsel pursuant to Government Code Section 54956.9 Existing Litigation; Name of Case: San Francisco Baykeepers et al vs. Saratoga. B. Conference With Legal Counsel - Anticipated Litigation - Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: (Four cases) C. Public Employee Performance Evaluation pursuant to Govemment Code Section 54957 - Title: City Manager MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw reported that a settlement agreement with Baykeepers will be prepared for their signature. REGULAR MEETING - 7:00 p.m. in the Council Chambers, 13777 Fruitvale Avenue PLEDGE OF ALLEGIANCE - Led by Councilmember Baker. ROLL CALL - All Councilmembers were present. Staff present: City Manager Perlin, City Attorney Riback, City Clerk Ramos, Director of Admin. Services Walker, Director of Community Development Walgren, Acting Director of Public Works John Cherbone. 3. CEREMONIAL ITEMS A. Proclamation proclaiming April 22"d as "Earth Day 1999" - Mayor Shaw read the proclamation and requested that it be displayed in the Community Development Department for the duration of the event. Page 1 of ll Minutes for City Council Regular Meeting April 7, 1999 REPORT OF CITY CLERK ON POSTING OF AGENDA City Clerk Ramos reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 2, 1999. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items - Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council fxom discussing or taking action on any such matters. However, the Council may instruct staff accordingly regarding Oral Communications under Agenda Item No. 9. 1. Presentation fxom Marjan Sharifi~ejad, Saratoga Child Care Coordinator. Ms. Sharifuejad provided a brief oral presentation and distribution additional information to Council. She suggested a future meeting with the Council to receive Council comments about what the City would like to accomplish through this program. Mayor Shaw recognized CindV Ruby, School District representative, provided an update on the ongoing meetings about the Saratoga Elementary and Redwood Middle School renovation projects and announced that there will be a meeting on Friday morning at the Saratoga Elementary School on Oak Street. B. Communication~ from Boards and Commissions - None 1. Memo from ABAG regarding City representation at the April 23~ General Assembly meeting. Councilmember Mehaffey, who is the City's ABAG delegate confirmed his attendance at the upcoming General Assembly meeting. City Clerk to complete and forward the attendance confirmation sheet to ABAG. No action was taken regarding an alternate. C. Written Communications - None 5. CONSENT CALENDAR BOGOSIAN/STREIT MOVED TO APPROVE CONSENT CALENDAR ITEMS 5B1, 2 & 5. MOTION PASSED 5-0. Councilmember Mehaffey requested to pull item 5B3 to clarify the Parking District debt service, revenues from vehicle fines, Housing and Community Development grant, and recreation/teen services. City Manager Perlin and Director of Administrative Services Walker responded accordingly. Vice Mayor Bogosian requested to pull item 5B4 to clarify notification steps that have taken place for this project. City Manager Perlin responded accordingly. A. Previously Discussed Items - None B. New Items 1.Planning Commission Actions, March 24, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. Page 2 of 11 Minutes for City Council Regular Meeting April 7, 1999 3. Monthly Financial Reports fo[ February 1999: a) Treasurer's Report b) Investment Report c) Financial Report Recommendation: Accept the subject reports. 4. Report Authorizing Publicity for upcoming Public Hearings - Horseshoe Drive · Annexation to Landscaping and Lighting Assessment District (LLA-1 ). Recommendation: Provide direction to staff. 5. Final Acceptance ofSubdivision Public lmpmvements within Tracts 8600, 8639, 8700 and 8821. Recommendation: Grant final acceptance of the subdivision public improvements; Adopt Resolutions accepting dedication of streets within Tract 8600, 8639, 8700 and 8821. C. Claims Against the City -None MEHAFFEY/BOGOSIAN MOVED TO APPROVE CONSENT CALENDAR ITEM 5B3. MOTION PASSED 5-0. BOGOSIAN/STREIT MOVED TO APPROVE CONSENT CALENDAR ITEM 5B4. MOTION PASSED 5-0. 6. PUBLIC HEARINGS - 7:30 p.m. - None A. Vessing Road Assessment District Protest Hearing (Continued from March 3~a) Recommendation: Conclude Public Hearing; Tabulate ballots; Adopt Resolution to proceed with formation of Assessment District or Resolution to Abandon the proceedings, as appropriate. City Manager Perlin presented the staff report and annotmced the presence of the Assessment District Counsel Assaf and Engineer Gene Scothom in the audience for any questions. Additional letters were received after the agenda packet was completed and distributed from Thomas Mueller, 18565 Vessing Road; Lester Hintz, 14521 Quito Road and Arthur Dana, 18500 Vessing Road. Just before the meeting, staff handed out a spreadsheet which summarizes the figures in the Engineer's Report and shows how the various items of work are broken down and spread amongst the twenty property owners. Upon noticing the arrival of citizens into the auditorium who are here for agenda item 7A, Saratoga Elementary Environmental Initial Study, Mayor Shaw reported that agenda item has been addressed this evening and Council has received the report from staff and does not intend to reopen the item this evening. City Manager Pe~in announced that there is a memo from the Community Development Director about the school district plans and project, and if anyone would like a copy, it is available. Mayor Shaw opened the public hearing at 7:45 p.m. and asked if there was anyone in the audience who wished to speak regarding the Vessing Road Assessment District. The following persons came forward: Paul Hug, 18540 Vessing Road, expressed support and also spoke on behalf of his neighbors Mr. Banerie and Mr. Lindseth who also support the project but are unable to attend this meeting. Brace Thompson, 18656 Vessing Court, expressed support and urged Council to support the project because the only way to get this road dedicated to the City is through the assessment district and the problem cannot be resolved by the property owners alone. Page 3 of 11 Minutes for City Council Regular Meeting April 7, 1999 Art Dana, 18500 Vessing Road, opposed the assessment district and referred to a letter he forwarded to Council and continned Council's receipt of that letter. He stressed points made in his letter--- 1) Even if the majority votes for the Assessment District the City in under no obligation to approve it; 2) A review of the proposed Assessment District with his lawyer and other lawyers showed legal defects with the formation of the proposed district and urged CounCil to consider the 99% of the other taxpayers whose general taxpayers funds will be required when litigation occurs if the Assessment District is approve& He cited legal defects in the process to form the district and in the Engineer's report. Brenda Yamasaki, 18668 Vessina Court. expressed her support and her spouse, who is unable to be here, stating the road is in poor and bad condition. Art Piramoon, 18557 Vessing Road, expressed support and urged Council to support the proposed district. Doug Jonathan, 18584 Vessing Road, provided photos of Vessing Road in its current condition and a letter from Mr. & Mrs. Banerje who support the project but are not able to attend this meeting. He read into the record, a letter from Tom Mueller expressing support. Mr. Jonathan provided a brief background, citing series of events that have taken place in the formation of this assessment dis~ct including attending numerous meetings, enduring a law suit filed by one of the neighbors of which the project proponents were successful in defending. He expressed support of this project for various reasons including the need for a mechanism to require universal participation, increase safety, increase property values, secure future City road maintenance, reduce wear and tear of vehicles, and improve aesthetic quality and urged Council's support. City Manager Perlin announced before the close of the public heating that this is the time and place to cast your vote, if you have not done so; or to amend your vote if you so choose. There being no further public testimony, Mayor Shaw closed the public hearing at 8:00 p.m. Vice Mayor Bogosian, for the record, asked the Assessment District Counsel if in his estimation, this Assessment District would hold up under a challenge by a dissenting person. Counsel Assaf replied it would hold up if the challenge is based on Proposition 218, of which all of the requirements have been met. For clarification, he added that if the bids come in high, assessments cannot be raised without going through another hearing, balloting, etc. If the bids come in low, assessments can be reduced upon an action of the City Council to reduce them. To follow up on Vice Mayor Bogosian's question, Mayor Shaw asked Counsel Assafifhe has done an in-depth Prop. 218 analysis of potential problems since that seems to be an area where the City may be challenged. Counsel Assaf commented it can be challenged on certain things but the Assessment Engineer, in his report and the previous meetings, handled the question about special benefits to these property owners. If the Council wishes to hear those, the Engineer could provide them because that is the most important aspect under Prop. 218. It is also incumbent upon the agency now to demonstrate the special benefits that these properties receive from the project above and beyond the general public benefits. Previously, it was up to the property owners to present evidence that they weren't being assessed correctly. That is all set forth in the Engineer's report previously provided. In response to Councilmember Mehaffey, Counsel Assaf explained that assessments are based on a per parcel basis and not on the value of the properties in the proposed district. The purpose of the public hearing is to hear anyone who may be opposed to the assessment amounts; the final decision is made by the Council. In the Engineer's estimation, they are all residential dwellings, some property owners are being assessed for things that they are receiving that others are not receiving. Councilmember Mehaffey raised a question of fairness when the assessment amount of one with a higher square footage is the same with one with less square footage. The equity of this distribution may be a possible area of challenge. Page 4 of I I Minutes for City Council Regular Meeting Apffi 7, 1999 Gene Scothom, Assessment District Engineer, commented that the issues raised are issues that cannot be directly taken into consideration because the benefit goes directly with the property not with its value. A property fi'onting Vessing Road with a small frontage but a deep parcel depth might have more square footage than a parcel that has a lot of frontage on Vessing Road with a shallow parcel depth. There are different mechanisms to take those into consideration in an effort to try to bring about equity. He pointed out that the items on the spreadsheet that are equally distributed are item 1 for street improvements and item 2 because of the relationship to the street usage. The idea is that all properties have one purpose in having the traffic lane improvements completed, which is to get to and from their property from a major public street and so each property owner regardless of the size of their property has the same benefit in traversing those streets. They all cross the same strip of pavement to get to their properties. Other items include those properties having frontage improvements that exist; while other properties do not. Those properties will now have the benefit of frontage improvements which is a specific benefit to their property. The same thing with water and other incidental items. Councilmember Mehaffey asked about the apportioning of special benefits and general benefits and noted that there are no general benefits to the public at all. The fire hydrant benefits for hillside properties may not generally benefit the properties above or below them from fire protection. He spoke with Mr. Jonathan on the telephone who mentioned that they were planning on adding a loop to the water main in order to get a benefit both to and from adjacent properties. Mr. Scothom explimed that the purpose of looping a water system is twofold: For redundancy---so that if there is a water main break at one point you can still feed the necessary services from the other end. Looping increases the capacity of the water main fourfold. The primary criteria for sizing water mains is fire flow it is the one time when enormous amount of water is needed. In a small neighborhood like Vessing Road an 8", 6" or 4" main is grossly oversized for normal demand but not grossly oversized if there is a fire. All of the area surrounding the Vessing Road area have their own fire hydrant and fire services and they will not benefit directly, if at all, from the presence of another fire hydrant on Vessing Road. None of the improvements that are being contemplated in this assessment district go beyond what are required by the City's subdivision ordinance. If this were a new subdivision today, these property owners would be installing the same facilities that the City is requiring. So from a variety of perspectives, there is little or no quantifiable general benefit to the public from this project. With respect to the travel way, Vessing Road is a dead end street, there is no outlet. One can presume that people attempting to use this street are attempting to reach their homes, visitors to those homes, delivery service or emergency personnel trying to reach those homes. It is not a through street that provides general benefit to transport people from one part of the city to another. Those are the reasons why he found there is no general public benefit. Councilmember Streit asked City Attomey Riback for his opinion regarding any potential challenge 0n Prop. 218 or his comments on the proposed assessment district as a whole.- City Attomey Riback commented that the challenge under Prop. 218 would either be procedural, which in this case, has been fully complied with; or it would be a substantive challenge on the basis that the City has not proven a special benefit or has not shown that there is no general public benefit. We have heard from Mr. Scothom that there appears to be no quanti~able general public benefit and the special benefits have been described. Discussion ensued regarding financing. City Manager Pe~in commented that unless there is other mechanism that would allow property owners to pay for their share of the project over a period of time, the possibility of issuing bonds has to be taken into consideration. The property owners have discussed this and they understand that they're paying a considerable premium to have that option available to them. After bids are received and costs are finned up, if it becomes evident that the cost of this project is considerably less than what is included in the Engineer's report, the property owners may rethink the need to actually issue debt and instead may decide to find other ways to finance this project in order to avoid the debt issuance costs. However, if a number of property owners find other ways to finance Page 5 of I 1 Minutes for City Council Regular Meeting April 7, 1999 the project, but not everyone does, a future decision will need to be made about the cost effectiveness of issuing debt of a very small size and other altematives may have to be looked at for those property owners who cannot find financing on their own. Discussion ensued regarding right of way acquisition costs. There being no further discussion, Mayor Shaw directed the City Clerk to tabulate the ballots and report the results. City Clerk Ramos reported that a total of twenty ballots were received. Fifteen ballots are in support and five ballots are in opposition. The support ballots total $461,258.00 (74%); the opposition ballots total $158,742.00 (26%). City Manager Perlin commended the property owners for a 100% voting participation. Mayor Shaw called for a motion. Vice Mayor Bogosian stated for the record that he communicated with Doug Jonathan, a property owner in the proposed district about this process. The rest of Council also reported that they had communication with Mr. Jonathan. Councilmember Mehaffey commented he visited the area and with the overwhelming support fi:om the residents and the poor condition of the road, it would be proper for the City to take it over and bring it to standards. Mayor Shaw commented that with the overwhelming support of the affected residents, this appears to be the right thing to do and regrets it did not receive a 100% support. Vice Mayor Bogosian visited the area and continned the poor condition of the road and he is satisfied that this has come to a satisfactory conclusion. Councilmember Streit visited the area and confirmed that the road can be improved and supports the formation of the district. Councilmember Baker expressed support. BOGOSIAN/MEHAFFEY MOVED TO ADOPT RESOLUTION OVERRULiNG PROTESTS. MOTION PASSED 5-0. STREIT/BOGOSIAN MOVED TO ADOPT THE RESOLUTION TO PROCEED WITH FORMATION OF ASSESSMENT DISTRICT. MOTION PASSED 5-0. Mayor Shaw called a recess at 8:26 p.m. and mconvened the meeting at 8:37 p.m. B. Community Development Block Grant (CDBG) Allocations for FY 1999-2000. Recommendation: Approve allocations as recommended by staff. City Manager Perlin provided a brief i'eport and deferred additional comments to Paula Reeve, Administrative Analyst, who summarized the allocations and services/programs for those allocations. Mayor Shaw opened the public heating at 8:45 p.m. and recognized the following: ' ' Mary Richards, SASCC Director, expressed thanks for the City's support in the past and described the appreciation expressed by the seniors who utilize these services and programs. CikV Garcia~Rose, Program Administrator, also expressed thanks and appreciation and provided an overview of their programs and services. Bob Campbell, Project Match, expressed thanks and appreciation for the assistance they have received. Page 6 of 11 Minutes for City Councii Regular Meeting April 7, 1999 Mayor Shaw commended them for their efforts. There being no further public testimony, Mayor Shaw closed the public hearing at 8:52 p.m. Vice Mayor Bogosian echoed Mayor Shaw's commendation. BOGOSIAN/BAKER MOVED TO APPROVE ALLOCATIONS FOR FY 1999-2000 AS RECOMMENDED BY STAFF. MOTION PASSED 5-0. 7. OLD BUSINESS Mayor Shaw moved to item 7A due to the early hour for hUblie hearing. A. Saratoga Elementary School Environmental Initial Study. Recommendation: Receive report as information. Ema Jackman, 14515 Oak Street, expressed opposition to destroying the Eucalyptus trees. City Council received the staff report as information. · B. Ordinance adding Article 4-80 to Chapter 4 of the Municipal Code related to regulating adult-oriented businesses. (Second reading and adoption) Recommendation: Adopt ordinance. STREIT/BOGOSIAN MOVED TO ADOPT THE ORDiNANCE REGLrLATiNG ADULT- ORIENTED BUSINESSES AS PRESENTED. MOTION PASSED 5-0. C. Discussion regarding Ordinance 71-190, repealing Article 7-10 of and adding Article B. 7-10 to the City Code relating to sewage disposal. Recommendation: Provide direction to staff as requested. City Manager Perlin provided a brief introduction and deferred additional comments to City Attomey Riback. City Attomey Riback provided background and a summary of the ordinance. He clarified that under the recently adopted ordinance, Section Bl1-13.3 currently provides for conversion or phasing out of all septic systems that is on property within 200 feet of a public sewer system within a period of five years, regardless of their condition. In addition, there is also a provision in the recently adopted ordinance that states that upon transfer of property ownership, an inspection and testing of the septic system must be conducted. However during the implementation phase of this ordinance, these provisions, along with the 5-year window of time provision, have been subject to various interpretations and therefore, it has become apparent that the ordinance should be amended to clarify Council' s intent to resolve current and avoid future misinterpretations. In addition to these issues, it has also become apparent that there needs to be a process clearly describing the initial notification to property owners who have septic systems within 200 feet of a public sewer system. This process should be identified in the ordinance. Mayor Shaw recognized Steve Blanton. Government Affairs Director, PenWest Assn. of Realtors, who commented on the 5 year period and point of sale provision. He felt that the 5-year approach would require the Realtor to disclose this requirement to the buyer therefore the point of sale approach would seem redundant and asked that the point of sale provision be eliminated. Councilmember Baker expressed concem over Mr. Blanton's comments and request. He felt that the buyer should be fully disclosed of the requirements and provisions up ~'ont. Councilmember Mehaffey clarified that the 5-year requirement is for a property that is within 200'of a sewer main; while the point of sale requirement is for any property with a septic system. Mr. Blanton asked clarification on the 200' universal statutory provision. Page 7 of I 1 Minutes for City Council Regular Meeting April 7, 1999 City Attorney Riback stated that 200'is a universal statutory requirement and this ordinance would require any septic system that is within 200' of a public sewer system to hook up to the sewer system within 5 years after receiving notice of such. The ordinance also requires that upon sale or change of ownership of a property with a septic system, that septic system will have to be inspected, tested and certified to be'rag a functioning or operable system according to set standards. Councilmember Streit added that under current real estate procedures, an inspection of the septic system is typically required before a sale or transfer of ownership of property. Therefore, this provision is not requiring anything new of Realtors, it is merely codifying what is already being done. In addition to this provision, the ordinance also requires that all septic systems within 200 feet be converted to sewer within 5 years. Mr. Blanton clarified that it is common for buyers to require the septic inspection and testing before the sale, however it is not required. Councilmember Mehaffey commented that an appeal process should be addressed in the ordinance. City Attorney Riback replied the appeal process will be a part of the procedural language that will be added to the ordinance. Vice Mayor Bogosian clarified for the record that from the inception of the drafting of this ordinance, it has been his intent that all systems within 200' be abated within 5 years. Discussion ensued regarding the financial hardship provision. Councilmember Baker expla'med that the reason why this provision is in the ordinance is so that property owners, particularly the senior residents with fixed incomes, will not be forced out of their homes because of the cost required for this conversion. Vice Mayor Bogosian cominented that although he understands the intent of this provision, it does not provide for abatement of malfunctioning systems, and the City cannot permit those systems to continue to operate. He suggested the City devise a mechanism to institute or develop a cost sharing or assistance program to use when an appeal is submitted for exemption due to financial hardship. City Manager Perlin commented that the City has a mechanism in place, through the CDBG housing program, to assist legitimate cases of financial hardship. Mayor Shaw directed staff to include language in the amended ordinance about a cost sharing or assistance program for financial hardship cases in lieu of the extension of time. Councilmember Baker commented on the pilot program of West Valley Sanitation District and felt that certain aspects of the program should be considered in the amendment of the ordinance. It is his understanding with West Valley Sanitation District that 350 homes are on septic in Saratoga and 150 of those homes qualify within the 200' rule. The District is planning to implement a pilot program next month in Saratoga where they will be offering a turn-key solution to affected property owners. This turn key solution offers septic abatement and conversion to sewer and includes inspection, testing, full connection and certification and will arrange, if the property owner wishes, for financing on the tax rolls over a 10-year period. However, if the City were to assume that the ordinance becomes effective, and all affected residents apply in the same six month period, the District could not handle the load because their capability would do about 40 conversions a quarter which includes the cities of Saratoga, Los Gatos, Monte Sereno and Campbell totaling approximately 1200 septic tanks. Although we may notify and encourage the residents to apply immediately, it may get them into the District's program, but the project may not be completed within six months. Staff needs to consider this time element when they draft the procedural language for the ordinance. City Manager Perlin commented staff will take it into consideration. Councilmember Baker asked and ]Mr. Perlin replied that staff will schedule the draft amendment for presentation to Council at their meeting of April 27, 1999. Page 8 of 11 Minutes for City Council Regular Meeting April 7, 1999 Councilmember Mehaffey commented on two things about the transfer of ownership under Section Bl1-13.2. First, it provides for an inspection of the septic system, but it does not provide for abatement. So, if a property has a mal~mctioning septic system, the only requirement is to report it to the respective buyer, not abate it. He does not believe that to be the intent of the ordinance. Secondly, if somebody ignores the ordinance what is the recourse. Finally, if a property owner has a septic system that is more than 200' from the sewer main and they don't meet the County ordinance of being less than 100' from a creek, nevertheless testing shows that they are leaching sewage into the creek, there' s nothing in the ordinance that requires them to do anything. City Manager Perlin replied that ignoring the ordinance would constitute a violation to the Municipal Code and the City would pursue action on that premise. City Attomey Riback added that a violation of the Municipal Code is defined as also being a public nuisance and the City can take action to abate this nuisance and charge the cost as lien against the property. Other issues are covered in the County ordinance which this ordinance adopts by reference. Furthermore, anytime a system is found to be malfunetioning, the City and the Health Officer may have to correct and abate that nuisance. If the property were 200' within public sewer, it would be required to hook up to sewer; if the property was not within 200' there would be requirement to bring the system up to current specifications and standards. Councilmember Mehaffey requested that Section B11-13.2 include language requiring abatement for non conformance. City Attomey Riback replied we can amend the language to clarify that. In response to Mr. Blanton, City Attorney Riback replied that the effective date of the amended ordinance would be thirty (30) days from date of its adoption unless otherwise stated or directed by Council. Councilmember Mehaffey clarified that the recently adopted ordinance is already in effect and we are operating under that ordinance. 8. NEW BUSINESS A. Approval of Consulting Services agreement to conduct initial tasks associated with Prides Crossing Area Traffic Study Recommendation: Authorize City Manager to sign agreement. City Manager Perlin presented the staff report. Vice Mayor Bogosian commented regarding the notification process and would like staff to take the necessary steps to ensure maximum participation and input from the public at the onset of the project. City Manager Perlin replied that the City would do the noticing and the extent of notification would include the project study area which is the area between Prospect, the creek, Cox and the freeway corridor, approximately about 900-1000 properties in this area. In addition to mass mailing, staff would work through the Homeowner's Associations which are active in the project area and publish a notice in the paper. Councilmember Bogosian inquired and City Manager Perlin rephed that the proposed workshops are for the purpose of discussing and gathering data only, no conclusions will be drawn. Vice Mayor Bogosian expressed concem over spill-over effects from people outside the project study area that may be affected from this project and suggested that maybe in addition to the mass mailing, a newspaper ad in the Saratoga News or Mercury News may be appropriate. City Manager Perlin commented the City will do everything they can to disseminate information to the public. Page 9 of 11 Minutes for City Council Regular Meeting April 7, i999 Councilmember Streit commented it is important to start the project and the data gathering. STREIT/BOGOSIAN MOVED TO AUTHORIZE CITY MANAGER TO SIGN AGREEMENT WITH CCS PLANNING AND ENGINEERING TO BEGIN PHASE I OF THE PRIDES CROSSING TRAFFIC STUDY IN AN AMOUNT NOT TO EXCEED $8,555.00. MOTION PASSED 5-0. B. Landscaping and Lighting Assessment District LLA-1; Preliminary Approval of E ngineer's Report and Adoption of Resolution of Intention for FY 1999-00. Recommendation: Adopt Resolutions preliminaxily approving Engineer's Report for FY 99-00 and adopt Resolution of Intention, which, among other things, fixes the date and time for the Public Hearing on June 2. Mayor Shaw recommended skipping presentation of the staff report for this item because of its routine nature, stating that this is a renewal of the City's Landscaping and Lighting Assessment District LLA-1 for fiscal year 1999-2000. Mayor Shaw called for a motion. BAKER/BOGOSIAN MOVED TO ADOPT A RESOLUTION PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR FY 1999-2000 AND A RESOLUTION OF INTENTION. Councilmember Mehaffey declined to vote because of his lack of knowledge about this assessment district and requested a briefing and additional information fi'om staff. City Manager Pertin provided a background and responded to his questions. Councilmember Mehaffey expressed appreciation for the briefing and declared his readiness to vote. Mayor Shaw called for a vote. PRIOR MOTION PASSED 5-0. 9. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. 10. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no longer needed.) City Attorney Riback left the meeting at 9:48 p.m. A. Special'Meetings of March 9 and March 23, 1999 B. Regular Meeting of March 17, 1999 BOGOSIAN/MEHAFFEY MOVED TO APPROVE MINUTES OF MARCH 9 AS PRESENTED. MOTION PASSED 5-0. BOGOSIAN/MEHAFFEY MOVED TO APPROVE MINUTES OF MARCH 23, 1999 AS PRESENTED. MOTION PASSED 5-0. BOGOSIAN/STREIT MOVED TO APPROVE MINUTES OF MARCH 17, 1999 AS PRESENTED. MOTION PASSED 5-0. 11. CITY COUNCIL ITEMS A. Other Councilmember Baker asked and City Manager Perlin replied that a response to the SASCC letter will be prepared by staff for the Council meeting of April 27, 1999. · Vice Mayor Bogosian asked and City Manager Perlin replied that staff is preparing a response letter to Mr. Foley, of which a copy will be provided to Council. Page10 of 11 Minutes for City Council Regular Meeting April 7, 1999 12. CITY MANAGER'S REPORT City Manager Perlin announced upcoming local events by the Recreation Department. He also announced that Foothill Elementary School celebrated their Readers and Writers Day today, of which the City prepared a proclamation which was presented by the City Manager. The City Manager also participated in other reading activities. ADJOURNMENT Mayor Shaw adjourned the meeting at 10:00 p.m. Respectfully submitted, City Clerk