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HomeMy WebLinkAbout05-05-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 5, 1999 - 2:00 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 - 2:00 p.m. in the Administration Conference Room, 13777 Fruitvale Avenue ADJOURN TO CLOSED SESSION STREIT/BAKER MOVED TO ADD ITEM B BELOW FOR DISCUSSION AND THAT THERE IS A NEED TO TAKE ACTION AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE CITY COUNCIL SUBSEQUENT TO THE AGENDA BEING POSTED. MOTION PASSED 5-0. 1. CLOSED SESSION A. Public Employee Appointment pursuant to Government Code Section 54957 - Title: Contract City Attorney (Interview process) - 2:00 to 5:00 p.m. B. Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (One case) C. Public Employee Performance Evaluation pursuant to Government Code Section 54957 - Title: City Manager D. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9 - Name of Case: City of Saratoga vs. West Valley-Mission Community College District. ADDED ITEM TO CLOSED SESSION E. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Subdivision c of Government Code Section 54956.9: (One ease). E. MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw announced a motion was passed to add an item to closed session, Item E - Conference with Legal Counsel - Anticipated Litigation: Initiation of litigation pursuant to Subdivision c of Government Code SectiOn 54956.9: (One case). Mayor Shaw declared there were no reportable actions taken. REGULAR MEETING - Mayor Shaw called the meeting to order at 7:08 p.m. in the Council Chambers, 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE - Led by John Tauchi, Hakone Boardmember ROLL CALL ' 2. CEREMONIAL ITEMS A. Resolution commending David McLaughlin for his service on the Library Commission. B. Resolution commending Erman Dorsey for his service to the City of Saratoga. Mayor Shaw read the Resolution of Commendation to Mr. McLaughlin, who was present. Mr. Dorsey was not able to attend. BAKER/STREIT MOVED TO ADOPT THE RESOLUTIONS OF COMMENDATION. MOTION PASSED 5-0. Minutes for City Council Regular Meeting May 5, ] 999 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 30, 1999. 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-AgendiZed Items - None B. Communications from Boards and Commissions 1. Report from John Tauchi of the Sister City Commission regarding upcoming Saratoga Sister City 15m Anniversary celebration. Mr. Tauchi reported on the upcoming Sister City celebration. He requested the City to designate a liaison to serve as a point of contact for the Sister City Commission and to waive fees to use the Council Chambers for the opening ceremonies on October 1 and the Community Center for a barbecue on October 2. Mayor Shaw replied the Council will take the request into consideration and report back at the adjourned regular meefmg of May 11 for action. C. Written Communications 1. Letter from Saratoga Union School District regarding project additions - Saratoga Elementary School and Redwood Middle School Renovation projects. James Walgren, Community Development Director, presented a summary report surrounding this matter and the School Board's written response to the City regarding their concerns and conditions. DiscusSion ensued regarding the Memorandum of Understanding (MOU) with the School District that was discussed and recommended at the Council meeting of April 21. The MOU would serve as a binding agreement to follow up on mitigation measures for the trees and traffic concerns. Councilmember Mehaffey expressed concern over the performance bond of $15,000 which would be inadequate to assure the continued health and safety of the two Eucalyptus trees during the construction phase. Councilmember Streit reiterated traffic concems stating that the proposed mitigation would be inadequate for the future of this community and it would be a disservice to its citizens. He recommended the City take legal measures to pursue an MOU from the School District. Vice Mayor Bogosian commented on trees and echoed Councilmember Streit's comments about the inadequate performance bond and concurred with his recommendation to take the necessary steps to obtain a legal and binding agreement from the School District. In response to Councilmember Mehaffey, City Attomey Riback replied that the only way to have the School District bind itself to an agreement with the City is to have a court determine that the District is required to enact and prepare a mitigated negative declaration with a mitigated monitoring program. Without a successful negotiation with the District to execute an MOU, the only other option for the City is to go to court. Councilmember Baker commented that the District made it clear that timing was a critical factor for the two projects, and recognizing that, the Council felt it would not be appropriate to impede the project. However, under that purview, it was clear that an MOU was going to be established to follow up on the mitigation measures that were compromised for items to include .traffic, parking, and trees. BOGOSIAN/STREIT MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE PAPERS TO FILE A COMPLAINT WITH THE SCHOOL DISTRICT UNDER THE CALIFORNIA Page 2 of 11 Minutes for City Council Regular Meeting May 5, 1999 ENVIRONMENTAL QUALITY ACT (CEQA). MOTION PASSED 5-0. 4. CONSENT CALENDAR A. Previously Discussed Items - None B. New Items 1.Planning Commission Actions, April 28, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. 3. Final Map approval for Tract 9120:(5 lots at 14000 Alta Vista Avenue) Recommendation: Approve final map and Subdivision Improvement Agreement. 4. Horseshoe D~ve Landscaping Improvements - Award ofConstmction Contract. Recommendation: Award Construction Contract to Blackwell Brothers Construction in the amount of $47,500. STREIT/BAKER MOVED TO APPROVE ITEMS 1 - 4 ON THE CONSENT CALENDAR. MOTION PASSED 5-0. Claims Against the City - None 5. PUBLIC HEARINGS - 7:30 p.m. - None 6. OLD BUSINESS A. Ordinance repealing Article 7-10 of and adding Article 7-10 to the Code of the City of Saratoga relating to sewage disposal. Recommendation: Waive full reading of the ordinance and direct the City Clerk to · read by title only; Introduce ordinance. Marvin Becker, 12120 Mellowood Drive, commented on the article in the Saratoga News stat'mg the reasons for this requirement and further commented on suggesting to find inexpensive alternatives to prevent water pollution. Councilmember Baker responded that discussions and considerations regarding the proposed sewage disposal ordinance started long the new Council was seated and before any negotiations by the City Council to resolve the Baykeepers issue. The Council actions to bring this sewage disposal ordinance into effect would have been done with or without the Baykesper's settlement. As one member of the City Council, he expressed assurance that if the Council was not faced with the issue of resolving the Baykeepers matter, he would have proposed that this ordinance be put into effect stand alone. The Council directed the City Clerk to read the ordinance by title only, waiving full reading. City Clerk Ramos read the title to the ordinance as follows: An ordinance repealing Article 7.10 of and adding Article 7.10 to the Code of the City of Saratoga relating to sewage disposal. BOGOSIAN/MEHAFFEY MOVED TO INTRODUCE THE ORDINANCE. MOTION PASSED 5-0. 7. NEW BUSINESS A. Countywide Anfi-Graffiti Campaign Recommendation: Adopt resolution endorsing countywide campaign. Page 3 of 11 Minutes for City Council Regular Meeting May 5, 1999 City Manager Perlin presented a staff report. In response to Councilmember Mehaffey, Mr. Perlin replied that there will be no cost to the City. Any costs for developing and distributing informational materials will be funded by private industry. BAKER/STREIT MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0. B. Response to Independent Auditor's Memorandum of Internal Control Structure for Fiscal Year ended June 30, 1998. Recommendation: Accept the response fi~om the Administrative Services Director and direct staff to implement recommended procedures. Director of Administrative Services Walker presented the staff report. MEHAFFEY/BAKER MOVED TO ACCEPT THE RESPONSE FROM THE DIRECTOR AND DIRECT STAFF TO IMPLEMENT RECOMMENDED PROCEDURES. MOTION PASSED 5-0. 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. None 9. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no longer needed.) - City Attorney Riback left the meeting at 7:55 p.m. A. Regular Meeting of April 21, 1999 Councilmember Baker requested correction to page 4, item 6 of the minutes under the motion to read, "Mehaffey/Bogosian moved to approve the Resolution... ". BOGOSIAN/STREIT MOVED TO APPROVE THE MINUTES OF APRIL 21, 1999 AS AMENDED ABOVE. MOTION PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for the next adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the next adjourned meeting of May 11, 1999. 1) Joint Meeting a. Youth Commission b. Friends of Wamer Hutton House 2) Joint Meeting a. Chamber of Commerce b. Saratoga Business Development Committee (SBDC) 3) Joint Meeting a. Hakone Foundation 4) Fiscal Year 99-00 and 00-01 Budget Workshop #2 City Manager Perlin summarized the agenda items for the adjourned meeting on May 11. B. Other Councilmember Mehaffey commented to request removal of unused railroad ties on Cox Road. City Manager Perlin replied staff had sent a letter to the railroad company regarding this matter. He will direct staff to move forward with due process for its removal. Vice Mayor Bogosian and Councilmember Streit commented on a similar problem on Quito Road. Page 4 of 11 Minutes for City Council Regular Meeting May 5, 1999 Councilmember Streit commented he will not be able to attend the VTA PAC meeting on June 10th and since the Council did not select an Altemate to the VTA PAC, it would be appropriate to put this matter on the agenda of May 11th for the selection of an Alternate member. Council concurred. Councilmember Baker reported on vacancies on the Santa Clam County Solid Waste and Pollution and Prevention Program. 1. Discussion regarding status of Playfields development project. Councilmember Streit removed himself from the dais due to a conflict of interest. Mayor Shaw recommended to hear comments from the Council and any Park and Recreation Commission members before receiving public comments. Council concurred. Vice Mayor Bogosian read a prepared written statement recommending to cease further discussions of the proposed Marshall Lane and Blue Hills/Azule Park alternative sites for playfields and to recommend removing these sites from the list for further consideration. He stated that the lraffic issues on these sites cannot be mitigated and cited two reasons for this recommendation. First, the impact to the City to hire a facilitator to coordinate community meetings recognizing the insurmountable obstacles at these two sites would be riseally irresponsible; second, the process has been flawed since its conception and possibilities for reaching a consensus is negligible. The record clearly shows that firore the beginning of the process the neighborhoods where the playfields where to be located where excluded liom participation. He is convinced that the youth in this community deserves the best recreational oppommities the City has to offer, nevertheless, he would not endorse a project that would irrevocably destroy the quality of life for a neighborhood. He commended the Park and Recreation Commission and staff for their tireless efforts to realize recreational facilities for our community. He proposed a joint meeting with the Parks and Recreation Commission to discuss redefining the process and select other sites as well as exploring the possibility of a neighborhood park at Azule. Councilmember Mehaffey concurred with Vice Mayor Bogosian on most of the points made. The Marshall Lane School situation is unattainable due to significant traffic problems, which have existed for many years, and he would not support anything on that site until the traffic problems are resolved. He would like to leave the Blue Hills site on the list, however he feels that the proposed four soccer fields would be too much for that site. He proposed working out a compromise with Blue Hills/Azule Park for a combined site to develop Azule Park as a park facility with one soccer field and one practice field. He feels that the City should be able to provide adequate and safe soccer fields to support approximately 350 local children who play soccer. Councilmember Baker commented that he has visited all of the proposed sites and observed the traffic flow at Marshall Lane, Blue Hills and Foothill schools during rush hours and is convinced that there is a significant problem. The Waffle problem in Marshall Lane should have been abated many years ago. He is concemed that there has not been no response ~'om any school district to agree to maintain fields where major investment would have to be made to bring them up to an improved status. He highly commended the efforts of the Commission, staff and user groups, but it has been clear to him for some time that these sites are not viable for their proposed recreational uses. He was hoping to see some compmmise as the process continued, but instead has seen only the neighborhood and community groups get pulverized which is uncharacteristic of this community. Therefore, he would support removing Marshall Lane and Blue Hills/Azule Park sites off the list. Mayor Shaw commented that it is obvious that the Marshall Lane and Blue Hills/Azule Park sites are unattainable sites. However, we need to move on and it is tree that the process that has taken place has turned out to be in error. He would not want to abandon the undertakings of the Commission in attempting to follow through and find alternatives to provide recreational facilities for the community. He would like to charge the Commission to evaluate the consensus of Council this evening regarding the two sites and work towards finding a viable solution or altemative to help the community come to a consensus for additional or enhanced soccer fields. City Manager Perlin asked to clarify Vice Mayor Bogosian's statement when he referred to the two remaining sites as Foothill and Kevin Moran and it should be Foothill and Congress Springs. Vice Page5of 11 Minutes for City Council Regular Meeting May 5, 1999 Mayor Bogosian concurred and thanked Mr. Perlin. There being no more comments from the Council, Mayor Shaw asked the Commission if they would like to comment. Kay Whitney, Park and Recreation Commissioner, commented that at the general meeting with the community in 1996 to identify their needs, it was apparent from the comments made at that time that the youth was where the community wanted to expend the funds in the Park Development budget, particularly to meet the shortage of playfields and improve existing fields. The Commission recognizes the concerns and empathizes with the neighbors because it will impact their neighborhoods, particularly traffic. However, the Commission feels that these issues can be potentially worked through. Furthermore, she would like to clarify that everything the Commission's been doing has been at the direction of Council, including meeting with the user groups and school districts at the onset to see if they would be willing to help maintain these upgraded fields. In their initial discussions, the Task Force considered many of the school facilities in the City, and to include all of the neighbors of those facilities at that time would have been very unproductive. It was not the intent of the Commission to exclude anybody, it was an effort to establish a sensible process. As soon as particular sites were identified by the Task Force, a proposal was developed and the affected neighborhoods were notified. The next step would be to work towards obtaining a formal maintenance agreement with the school district or other groups. Mayor Shaw commented that whatever the outcome might be, he would hope for an orderly process. It is not the intent of Council to alienate the Commission, and he asked the Commission to bear with Council on this endeavor to reach a workable and viable solution to meet the commurdty's recreational needs as a whole. Judy Alberts, Commissioner, commented that the safety and future of our children should come first. The existing fields desperately need renovating, and the School Districts have agreed to maintain the fields based on what is currently allocated in their budgets. She is concerned that there is some irescommunication in the public's view. She would like to see the process continue to see if a compromise can be reached or at least explored. Sheila Iaonnou, Commissioner, assured the community that the Commission is committed to spend the Park Development funds on playfields, because they are very much needed. This whole process has been blown out of proportion and has affected many people. The Commissioners are deeply discouraged and disappointed about this and rest assured it is not their intent to make a recommendation to Council which would not be endorsed. She hoped that the neighborhoods, user groups, Commissioners could come together and reach a compromise. She suggested that Marshail Lane and Blue Hills/Azule Park not be removed from the list at this time and is looking forward to working with the Council on this matter. Councilmember Baker asked the audience that as each speaker takes a turn, to please give that speaker the same respect they would want. Irene Jacobs, Administrative Analyst, commented to clarify that not all Commissioners are present this evening because they were informed that this item is on the agenda to schedule a joint meeting with the Commission; furthermore, to clarify Councilmember Baker's comments regarding any commitment from the School District, that although there is no written signed agreement, the School Districts had agreed to maintain the fields to the level that they currently are and they would cooperate with any user group who would be willing to make up the difference. Ms. Jacobs added she would like to reiterate Mayor Shaw's cornrnent regarding an earlier comment by Vice Mayor Bogosian that the public was not part of the process. She clarified that the public was not included from the very beginning by choice of the Council. It was determined at that time that the Task Force should focus on whether the project is feasible with regards to providing maintenance at those potential sites. At this rune, Mayor Shaw recognized the following speakers: Debbie Lillo. 10254 Kristv Lane, read a letter she prepared to the Council and the Azule neighborhood expressing her disappoinUnent with the proposed recommendation of the Council and the negative reaction from the Azule neighbors about considering the Blue Hills/Azule Park Page6of 11 Minutes for City Council Regular Me~ting May 5, 1999 site for upgraded playfields. Mark Linsky, 14240 Barksdale Court, urged the Council to continue with the process to develop proposals for joint development for multi-use sportsfields at schools and parks and not to cut off the debate until everything has been considered and heard. He submitted a copy of the letter to the Council along with a petition with 100 signatures fi-om residents also urging completion of the process. Ed Sweeney, 20019 Knollwood Drive, commented that the Blue Hills neighborhood is united in opposing the Blue Hills/Azule Park site because of traffic and maintenance issues. He added that this neighborhood would like to work with the Park and Recreation Commission towards a low cost, low maintenance neighborhood park. Katie Alexander~ 12340 Goleta Avenue, did not support a neighborhood school location for a playfield because of the traffic and crime issues and didn't feel there was any compromise solution. She asked the Council to discontinue the Blue Hills proposal and felt that the expenditure for a facilitator would be a waste of City funds. Thomas Soukup, 12340 Goleta Avenue, commented that putting a high use facility in a small neighborhood is not a good idea. He would like to see improvements made to the existing 24' fields within the City. The school fields could be improved for practices and after school types of use and reserve Congress Springs for the high intense use on the weekends as previously proposed by the City Manager. If new fields are needed, he would like to propose that a portion of Central Park be used. Jim Schindler, 16302 Goleta Court, commented on behalf of the Azule Park Association, to focus on preserving the neighborhoods. A 1996 survey that showed 95% opposing the usage of the Azule Park in any orgartized sports was presented to the former Council who informed the association that they would be included in the process. He suggested to open the discussion to consider all field areas within the City, including portions of Central Park. In addition he asked the Council to consider a plan design that they would like to propose that is low cost, low maintenance and would utilize landscaping that would meet the requirements as summarized in the 1996 survey. Ken Chan, 12230 Goleta Avenue, expressed opposition to the Blue Hills/Azule Park playfield site and urged Council to remove it from the list. Jim Kastelman, 12298 Goleta Avenue, expressed opposition to playfields in the Blue Hills/Azule Park site because of the traffic impact to a small neighborhood and safety to the children in the elementary school. He proposed the City consider Central Park as an alternative site. Donald Johnson, 19997 Seagull Way, urged the Council to remove the Blue Hills/Azule Park site from the proposed playfield sites and reported that the results of the 1996 Task Force did not show sports complexes as the primary wish of the community. There is no room for compromise in this neighborhood and commented there are better locations for playfields than in an established neighborhood. Edward Ebeier. did not wish to speak. Vibma Goel, 12262 Goleta Avenue, believes in organized sports for children, however it should not be at the cost of adversely impacting the neighborhood and suggested upgrading the existing playfields in the City that need them instead of concentrating in one neighborhood. She asked that their park proposal be reviewed for consideration, describing it would add an educational value to the park by enhancing it with low maintenance California native plants. Lisa Kurasch, 18665 Ravenwood Drive, asked Council to look to the highest standard in their decision and not advocate one goal to the detriment of another, such as the neighborhood. It is good that the direction for the playfields project is being addressed now while there is still time to refocus to find other,alternatives and solutions to accomplish what the Council, Commission and community wants. She feels the School District should have participated more responsibly, particularly in trying to find ways to resolve the traffic concerns. Page7of 11 Minutes for City Council Regular Meeting May 5, Stephen Kurasch, 18665 Ravenwood Drive. expressed his concem about road safety issues on Marshall Lane and provided photos to the Council depicting his safety concerns. He suggested using the Heritage Orchard or part of it for playfields. He also suggested removing Marshall Lane and Blue Hills from the proposed playfield sites and pursue other sites while getting input from two or three residents in the proposed neighborhoods. Robert Kahn, 18471 Ravenwood Drive, supported removing Marshall Lane from the proposed site list expressing safety impacts to a small neighborhood and small roads. He suggested adding West Valley College to the list of sites. Dale Leuthold, 18522 Ravenwood Drive. supported removing Marshall Lane from the proposed site list because of traffic concerns. He added that preserving the quality of life of Saratoga residents should be the first priority. Darwin Barrett, 14050 Marilyn Lane, submitted a petition with 84 signatures opposing sports fields at Marshall Lane school. He asked that this petition be considered over other petitions in the neighborhood because it consists of residents directly impacted by the proposal. Geraldine Barrette, 14050 Marilyn Lane, supported removing Marshall Lane from the proposed sites. Peter Boulton, 12335 DeSanka Avenue, supported removing Blue Hills/Azule Park as a proposed site, expressing concem for traffic. He suggested considering Central Park as a potential site. Norbert Fronczak, 12255 Goleta Avenue, supported removing Blue Hills/Azule Park from the site list. He expressed concern that the City would fund such a large and costly project and then rum the maintenance of the project to someone else. He suggested adding Central Park to the list. Margaret Fronczak, 12255 Goleta Avenue, supported removing Blue Hills/Azule Park from the site list. She thanked the Park and Recreation Commission for all their efforts and asked that they mfocus and look at the bigger picture. She expressed disappointment in leaving the neighbors out of the process early on. Jim Detrick, 18558 Ravenwood Drive. did not speak. Phil McCarthy, 18566 Martha Avenue, did not speak. LWme Dickerson. 155 Old Adobe Road. Los Gatos. spoke on behalfofQuito Little League and all the children in the area who need playfields. She clarified that if the photos provide~l. earlier by Mr. Kurasch was of Pollard Road, the photos were taken on opening day when the entire league is in attendance of this once a year gathering. She asked the Council to look at the broad picture and see the need for playfields in the area, not just Saratoga. She asked the Council to continue the process that has been started and keep their commitment to the children and playfields. James Atwell, 14113 Arcadia Palms, expressed disappointment in Council's recommendation to remove Marshall Lane and Blue Hills/Azule Park from the proposed playfield sites especially since there is a great need for playfields. Jayne Sonnenschein, 239 Plaza La Posada, Los Gatos, clarified an earlier comment made that the proposed school day care building is for an additional classroom for existing school programs. She added that if the process for Marshall Lane is stopped now, it would hinder any chance of compromise or of working out a solution to improve the existing and any future traffic concems regardless of what the final decision is on the playfields. Sharon Cucuza. 1645 Bearden Drive. LOs Gatos. member of the Rolling Hills Neighborhood Task Force, commented from experience that it is important to keep the affected neighborhoods informed from the beginning. She added that removing or cutting off the process on certain sites will only hinder any form of compromise for those sims. - Radu Barsan, 14182 SobeV Meadows Court, asked Council to consider the current disastrous traffic situation on Marshall Lane if they leave Marshall Lane on the list. He referred to a March 15, 1998 Page 8 of 11 Minutes for City Council Regular Meeting May 5, 1999 petition signed by residents on Sobey Meadows Court to the Council to survey the traffic situation on Sobey Road and Sobey Meadows Court. Subsequently a meeting was held on June 17, 1998 at Marshall Lane school. In attendance at that meeting were a Public Safety Commissioner and City staff and the consensus was that the Irafile situation is intolerable around Marshall Lane. Consequently improvements were made, however there is still a significant safety issue. Jennifer CrotW, 13861 Raven Court, commented on traffic concerns at some of the proposed sites and this review process for a potential playfield site may be an oppommity to address these traffic safety issues and asked that the City and the School District work together on common grounds to find ways to mitigate traffic. There is room on the periphery of the Marshall Lane fields for traffic to come in and be taken off of Marilyn and Ravenwood Drives. Following up on a comment made earlier, she referred to the Quimby Act which provides funds for development of park facilities only and not to be used for maintenance, because then nothing would ever get developed. Maintenance negotiations should be developed between School Districts, communities and the City. She urged the Council not to close the door on any site or future options. Dale Dmmm, 18395 Montpere Way, coach for Quito Little League, commented there is a great need for playfields in the community and urged Council to leave Marshall Lane as a proposed site. Joanna Sloan, 14041 Marilyn Lane, supported removing Marshall Lane from the site list and consider other sites such as the Heritage Orchard which is centrally located and has no direct impact to any neighborhood. Frank Ammiro, 18519 Ravenwood Drive, supported to remove Marshall Lane fi'om the site list and urged Council to finalize this issue this evening. Kay Whitney, 13067 Jacaranda Court, commented that if we close the door and don't look to the future as to what the possibilities are for our children we may miss that oppommity altogether just like what happened when Congress Springs school was closed and then sold off. To clarify some earlier comments made about the process, 1) playfields became a priority because the community wanted to focus on the youth as evidenced by a 1996 survey; 2) the user groups have offered to supplement maintenance of the playfields since the School Districts cannot provide full maintenance; 3) traffic concems will be addressed through studies and solutions; and finally the School Districts have said that they are willing to work on the traffic issues. She urged the Council to consider having a joint meeting with the Parks and Recreation Commission before a final action is taken on this matter. There being no more public testimony, Mayor Shaw asked the pleasure of the Council. Vice Mayor Bogosian commented that there needs to be a good process in place that is amicable to all concemed that will lead to a conclusion that will satisfy the neighbors and children that need playfields. Only after such a process is in place, would it be appropriate to identify potential sites. COUNCILMEMBER BOGOSIAN MOVED TO REMOVE MARSHALL LANE SCHOOL FROM FURTHER CONSIDERATION WITH THE DIRECTION TO STAFF TO SCHEDULE A JOINT MEETING WITH THE PARKS AND RECREATION COMMISSION TO REDEFINE THE PROCESS AND START THE SEARCH FOR ADDITIONAL SITES. Councilmember Mehaffey commented that this is a very difficult situation. He made a promise to preserve neighborhoods but that does not mean that they would never change. He feels that when other sites are found and proposed, the result will be the same as what has happened with Marshall Lane and Blue Hills. There will always be an impact to any neighborhood. Having no playfields will suit no one and if we stop the whole project and just maintain the existing fields, it would not be the right thing to do. He would support continuing to look at other options and will not support closing the door on any options because there should be consideration made for compromise. He feels strongly about Marshall Lane's traffic situation and agrees that it has to be resolved. Saratoga is not a planned community, it is an old community that is experiencing growth and the City needs to make innovative use of the space that it has. He feels that the Commission has done an admirable job to share the cost of maintenance with the schools and to use the funds available for development. Page 9 of 11 Minutes for City Council Regular Meeting May 5, 1999 Councilmember Baker commented that the problem he sees is in the process that has evolved and he feels he does not see it moving to a position of compromise to resolve the issues at hand. The process can go on and on until a decision is made or we can mfocus the process to include re- looking at the traffic problems around Marshall Lane. The same people who would oppose the playfields at Marshall Lane would oppose the change to the streets on Ravenwood and Marilyn and Marshall Lane itself. The Blue Hills streets are fully developed streets and cannot be fixed. He believes that we have to move on and use the funds available the best way we can. COUNCILMEMBER BAKER SECONDED VICE MAYOR'S BOGOSIAN EARLIER MOTION TO REMOVE MARSHALL LANE BECAUSE HE DOES NOT SEE THIS MATTER MOVING FORWARD TO A REASONABLY ACCEPTABLE COMPROMISE FOR THE GOOD OF EVERYONE IN A REASONABLE PERIOD OF TIME. Councilmember Baker asked if Vice Mayor Bogosian intended to include Blue Hills/Azule Park in his motion. Vice Mayor Bogosian replied he intended to make a separate motion for Blue Hills/Azule Park. Mayor Shaw commented that based on the comments made tonight, the City has failed to communicate thoroughly the full possibilities of perhaps doing something good for these fields and, added that he is not willing to cut off the process that the Commission has started and would like to see them cont'mue. He was hoping to see a direction to the Commission this evening to study the situation further while recognizing the tremendous upsurge of distress from the Blue Hills and Marshall Lane neighborhoods given the traffic congestion that exists; and direct staff to work on traffic congestion in those areas regardless of the outcome of the playfields issue. Mayor Shaw called for the vote for the motion on the table. MOTION FAILED 2-2. (Vice Mayor Bogosian and Councilmember Baker voted yes; Mayor Shaw and Councilmember Mehaffey voted no.) BOGOSIAN/BAKER MOVED TO REMOVE BLUE HILLS/AZULE PARK FROM FLIRTHER CONSIDERATION FOR SOCCER FIELD DEVELOPMENT AND DIRECT STAFF TO SCHEDULE A JOINT MEETING WITH THE PARKS AND RECREATION COIVlMIS SION TO REDEFINE THE PROCESS TO LOOK FOR ADDITIONAL SITES. MOTION FAILED 2-2. (Vice Mayor Bogosian and Councilmember Baker voted yes; Mayor Shaw and Councilmember Mehaffey voted no) MEHAFFEY/SHAW TO IMPLEMENT THE PARKS AND RECREATION COMMISSION'S SUGGESTION TO MEET WITH CITY COUNCIL AT A STUDY SESSION AND PROVIDE THEM WITH DIRECTION THAT THE COUNCIL CAN SLIPPORT. MOTION PASSED 4-0. Mayor Shaw informed the audience that there will be no progress on this project until the joint meeting with the Commission possibly in June, at which everyone is invited to attend. Councilmember Streit returned to the dais at 10:35 p.m. 11. CITY MANAGER'S REPORT City Manager Perlin announced that Susan Ramos has been awarded the highly distinguished International Institute of Municipal Clerk's designation of Certified Municipal Clerk (CMC). He also announced upcoming City events. Councilmember Baker stated for the record that the prior vote on the playfields issues were the first non unanimous votes on any issue for this Council. He does not consider the 2-2 vote to be a defeat; it may be the foming catalyst that will send a message to the community that we need to find some solution that is reasonable and acceptable even if it is less than what everybody wants. It may have raised the City's awareness that we can't walt until we're out of office to bring this matter to a conclusion even if we have to push it for some good for the City. He is not upset with the vote, but he feels that the neighbors in Marshall Lane and Blue Hills are disappointed, and the Page 10of 11 Minutes for City Council Regular Meeting May 5, 1999 staff and the Commission were hurt by these discussions and motions, but if this is what it takes to move forward then its good, proper and fight and he's happy as to how this meeting has turned out. Councilmember Mehaffey agrees that there are some serious issues that need to be fixed. Under different circumstances, he would have supported the motions placed, however, he feels to not make a decision at this point is the right decision. City Manager Perlin alerted the Council that it may not be feasible to hold the joint meeting with the Parks and Recreation Commission in the Adult Care Center because of the anticipated crowd that will attend that meeting. It may have to be held in a different location, possibly the Civic Theatre, to accommodate the crowd. ADJOURNMENT Mayor Shaw adjourned the regular meeting at 10:45 p.m. to the meeting of May 11, 1999. RECONVENE TO CLOSED SESSION - There was no need to reconvene to Closed Session. Respectfully submitted, san A. Ramos, ~KIC City Clerk Page 11 of 11