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HomeMy WebLinkAbout01-17-2001 City Council MinutesCity Council Minutes January l7,2001 MINUTES SARATOGA CITY COUNCIL January 17, 2001 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Conference with Real Property Negotiator Property: 18870 Allendale Avenue Negotiating Parties: City of Saratoga/Serbian Eastern Orthodox Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Employees Association Conference With Labor Negotiator: Agency designated representative: Dave Anderson, City Manager Employee organization: Saratoga Management Association MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Mayor Mehaffey reported there was Council discussion but no action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:06 p.m. and requested Marcia Manzo to lead the Pledge of Allegiance. Mayor Mehaffey noted that the meeting tonight would be dedicated to Jeff Swanberg. Mayor Mehaffey reported that Jeff passed away on Sunday, January 14, 2001. Jeff was a senior at Saratoga High School. Mayor Mehaffey requested a moment of silence in memory of Jeff Swanberg. ROLL CALL PRESENT: Evan Baker, Stan Bogosian, Nick Streit, Ann Waltonsmith, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager 1 City Council Minutes January 17, 2001 Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works Paula Reeve, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 3, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of January 17, 2001 was properly posted on January 12, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS No one requested to speak at tonight's meeting. Councilmember Baker reported that he received a call today from a person who claimed to be a representative of CALTRANS conducting a random survey. Councilmember Baker noted he was asked several questions regarding his personal data, his home and his assets. The caller alleged to not know the name and address of the person they were contacting but later on in the conversation they knew Councilmember Baker's identity and address. Councilmember Baker noted he contacted the Deputy Director of CALTRANS to inquire the validity of the survey and was told by the Deputy Director that he could not confirm that CALTRANS was conducting the survey. Councilmember Baker publicly warned the viewers to be cautious when asked to participate in any type of survey; he noted you are not obligated to answer any of the proposed questions. Councilmember Baker noted he would report back when he hears from CALTRANS. If in fact the survey is being conducted by CALTRANS, he will request the purpose for the survey and the questions asked in the survey. COUNCIL DIRECTION TO STAFF None 2 City Council Minutes CEREMONIAL ITEMS January 17, 2001 COMMENDATION FOR NANCY ANDERSON, HERITAGE PRESERVATION COMMISSION STAFF RECOMMENDATION: Present commendation. Mayor Mehaffey read the commendation and reported that Nancy Anderson was unable to attend tonight's meeting and directed the City Clerk to mail the commendation. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items on this section will be acted in one motion unless they are removed from the Consent Calendar. 2A. APPROVAL OF COUNCIL MINUTES OF: JANUARY 3, 2001 - REGULAR MEETING STAFF RECOMMENDATION: Approve submitted minutes. Councilmember Bogosian pulled Item 2A from the Consent Calendar. Councilmember Bogosian noted on page 7, 6th paragraph, "Waltonsmith" should replace "Bogosian". Councilmember Bogosain requested the following insertions to the minutes of January 3, 2001' · Page 7, 7th paragraph, "and concurred with Councilmember Baker regarding additional information on the 10 properties that abut the creek." · Page 7, l0th paragraph, "and report back on the 10 properties that abut the creek." Councilmember Waltonsmith requested the following insertions to the minutes of January 3, 2001: · Page 9, 6th paragraph, "she requests that the Sheriff's Department work with the City to confirm that the definitions or content of each cell in the matrix are appropriate for the City's overall information needs." · Page 12, 2nd paragraph, "as a City function overseen by the City Council." Councilmember Mehaffey noted a few typographical errors and would submit the corrections to the City Clerk and requested that on page 13, 2nd paragraph, delete the following words "lower rates are expected" and insert "it had entered into an 18-month contract to purchase power at reasonable rates." BOGOSIAN/WALTONSMITH MOVED TO APPROVE MINUTES OF JANUARY 3, 2001 CITY COUNCIL MINUTES AS AMENDED. 3 City Council Minutes MOTION PASSED 5-0. 2B. 2C. January 17, 2001 REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Note and file. Councilmember Baker pulled Item 2B from the Consent Calendar. Councilmember Baker questioned the following ledger entries: · Common Wealth Credit Union - page 2 · Redwood Athletic Uniforms - page 9 Mary Jo Walker, Director of Administrative Services, responded that some employees belong to the credit union and have direct deposit. Director Walker explained that Redwood Athletic Uniforms are for uniforms for the Youth Basketball Program through the Recreation Department. The invoice has been paid out of the Department of Recreation's budget and uniforms expenses are included in the registration fee. Mayor Mehaffey questioned page 6, regarding PacBell. Mayor Mehaffey questioned why a phone line is connected to the Xerox machine. Director Walker indicated that service to the machine is occasionally done through a modem, which requires a phone line. Mayor Mehaffey questioned the amount for the City's insurance company, ABAG. Mayor Mehaffey questioned if the amount was for one (1) or two (2) quarters. Director Walker noted it was for two (2) quarters because the first payment did not get paid. BOGOSIAN/WALTONSMITH MOVED TO NOTE AND FILE CHECK REGISTER. MOTION PASSED 5-0. DECEMBER FINANCIAL STATEMENTS AND MID YEAR BUDGET ADJUSTMENT STAFF RECOMMENDATION: Note and file. BOGOSIAN/WALTONSMITH MOVED TO NOTE AND FILE DECEMBER FINANCIAL STATEMENTS AND MID YEAR BUDGET 2D. ADJUSTMENT. MOTION PASSED 5-0. REVIEW OF PLANNING COMMISSION ACTION MINUTES 4 City Council Minutes January 17, 2001 STAFF RECOMMENDATION: Note and file. WALTONSMITH/STREIT MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS o AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH SUTRO AND COMPANY FOR FINANCIAL ADVISORY SERVICES IN REGARDS TO THE SALE OF GENERAL OBLIGATION BONDS FOR THE SARATOGA COMMUNITY LIBRARY EXPANSION AND RENOVATION PROJECT STAFF RECOMMENDATION: Authorize City Manager to execute agreement. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker explained that on November 3, 1999, the City signed an agreement with Evensen Dodge to provide financial advisory services related to the sale of General Obligation Bonds for the Saratoga Community Library Expansion and Renovation Project. Director Walker noted that Evensen Dodge was selected, from the four firms, which were interviewed, primarily because of the quality of the two individuals who were assigned to this project, Mr. Rich Morales and Ms. Katrina Johantgen. Director Walker noted that Rich Morales informed the City of Saratoga on January 4, 2001, that he was leaving Evensen Dodge and unfortunately Katrina Johantgen left the firm several months ago. With the departure of Mr. Morales and Ms. Johantgen the City no longer has continuity with the individuals who were originally hired and had built a relationship with. Director Walker noted that staff recommends the City exercise its option to terminate the agreement with Evensen Dodge and execute an agreement with Sutro and Company. Councilmember Streit asked if Sutro and Company have the same capabilities of issuing bonds as Evensen Dodge. Rich Morales, Vice President/Sutro, responded that not only is Sutro a qualified firm in the municipal bond business but feels Sutro is a better firm 5 City Council Minutes because they have more local proposing any changes to the Councilmember Baker questi. January 17, 2001 resources. Mr. Morales noted that his firm is not contract. >ned the out of pocket expenses that have been expended to date at Evensen Dodge. Councilmember Baker questioned if a reduction in the term of payrr~lent to Sutro would take place. Mr. Morales responded yes. Mayor Mehaffey asked Mr. Morales ifEvensen Dodge is amicable with the termination of the agreement. Mr. Morales responded yes. STREIT/WALTONSMITH 1~ ~OVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH SUTRO AND COMPANY. MOTION PA~SED 5-0. PESTICIDE USE - POLICY DISCUSSION STAFF RECOMMENDATION: Accept report and direct staff ~accordingly. 1 John Cherbone, Director of P ~ublic Works, presented staff report. / Director Cherbone explained ~hat at the October 18 and November 15 City · · I Council meetings, staff presented information regarding the types of pesticides that are applied in and around medians, right-of-ways, and 1~ subsequently directed staff to Policy in the City. Director Cherbone reported ti City owned facilities, parks, open spaces, tndscape assessment zones. Council explore implementation of a Pest Management at the City and County of San Francisco have a successful Pest Management Policy. The San Francisco Policy is comprehensive and aggressive; a policy that one would expect to see In a large bureaucracy with its own Department of Environment. However, Director Cherbone noted there are good pohc~es and procedures in the San Francisco Policy, which staffbeheves can be adopted and implemented in Saratoga without requiring extensive staff resources, whale preserving the integrity of the policy. Director Cherbone explained :he highlights of the draft Integrated Management Policy for the City of Saratog.a based on San Francisco s Pohcy. Councilmember Waltonsmith asked Director Cherbone if contractors were included in this policy and will the policy change with the State regulations. Director Cherbone responded ~yes, contractors will be given a copy of the policy and changes recommerlded by the State are currently done on a regular 6 City Council Minutes basis. January 17, 2001 Councilmember Bogosian noted that in section IV, it mentions that pesticides leave residue after the date posted. Councilmember Bogosian suggested placing permanent signs or warning signs indicating that chemicals are used in that area. Director Cherbone noted if the Council desires placing permanent signs in high use places, he could change the policy. Councilmember Streit asked how the policy would affect the upkeep of the Heritage Orchard. Director Cherbone noted that Mr. Novakovich would have to substitute a couple of the pesticides he currently uses. Councilmember Waltonsmith suggested an article in the Saratogan explaining the new pesticide policy. Mayor Mehaffey thanked Director Cherbone for the report. o PRIDES CROSSING TRAFFIC CALMING STUDY STAFF RECOMMENDATION: Accept report and direct staff accordingly. TITLE OF RESOLUTION: 01-007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2000/01 BUDGET Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve explained that the opening of Highway 85 resulted in shifting traffic patterns causing residents to complain of unacceptable high volumes and travel speeds throughout the Prides Crossing area. Analyst Reeve reported that at its April 7, 1999 meeting, the City Council selected CCS Planning and Engineering to perform a Traffic Calming Study of Prides Crossing residential area which is bordered by Highway 85 on the west, Saratoga Creek on the east, Prospect on the north, and Cox Avenue on the south. CCS subsequently collected supporting data, held four (4) neighborhood meetings to obtain residents' input, and develop a report recommending traffic calming solutions. Analyst Reeve explained that at the last meeting the majority of the participants supported the three paths of traffic calming activity: 1. Items receiving area-wide support will be implemented by the City as City Council Minutes January 17, 2001 part of a Consensus Plan. 2. Traffic calming needs that can be addressed by increased law enforcement will be referred to the Sheriff's Department through the Public Safety Commission. 3. At locations where traffic calming devices are still desired, but not included in the Consensus Plan and which cannot be resolved by increased traffic controls, will be referred to the City's Neighborhood Traffic Management Plan (Tool Kit). The Neighborhood Traffic Management plan is being developed separately by CCS and will be reviewed by the Public Safety Commission in February. Analyst Reeve requested that tonight Council approve eight (8) speed limit or stop ahead signs, and two (2) enhanced cross walks for a total cost estimate of $5,200.00. Analyst Reeve noted CCS Engineering has not finished the "Tool Kit". Councilmember Bogosian asked if the total cost, $17,000.00, included the "Tool Kit" or is there an additional charge for the "Tool Kit". Analyst Reeve responded that an additional $5,000.00 has been paid to CCS Engineering. Councilmember Bogosian noted the cost for a minimum program in this area was $22,000.00. Councilmember Bogosian requested a breakdown on what amount of the $330,000.00 the City appropriated for additional Sheriff Deputies is going towards the implementation of the Prides Crossing program. Councilmember Bogosian asked if once the "Tool Kit" is complete could it be implemented into other neighborhoods. Analyst Reeve responded yes. Mayor Mehaffey asked if the neighborhoods were behind this program. Analyst Reeve noted that most of the neighbors are pleased with the program. Councilmember Baker noted that hopefully a year from now Saratoga would have gained a reputation as a tougher city in enforcing traffic regulations. Mayor Mehaffey asked if there was anyone in the audience who would like to speak on this subject. Sam Furiosi, Miller/Cox Avenue, noted he has lived there for 20+ years and has seen 40+ accidents and a few fatalities on that particular comer. Mr. Furriosi noted nothing has ever been done about the ongoing problem at that comer. Mr. Furiosi suggested the City install a streetlight. Councilmember Bogosian requested a statistical report on the traffic issues on the comer of Miller/Cox Avenue and supports the possibility of installing a 8 City Council Minutes strcetlight. January 17, 2001 Ann Gadd, 12164 Brook Glen Drive, noted she has lived there off and on for 43 years. Mrs. Gadd noted that cars speed down Brook Glen. Mrs. Gadd noted that prior to this meeting she took a petition around to her neighbors on Brook Glen Drive and of the people contacted she received 21 signatures supporting the installation of a stop sign on their street. Elmer Szanto, 12612 Miller Avenue, noted he has lived there for 27 years and represents 26 residents who first started this calming program in June 1994. Mr. Szanto noted that over the years the traffic has increased significantly on Miller Avenue, and most of the increase is due to cut through traffic. Mr. Szanto noted that he feels the data included in the report is inaccurate. Councilmember Waltonsmith asked Mr. Szanto if he supports continued traffic studies. Mr. Szanto responded yes. George Gadd, 12164 Brook Glen Drive, noted he has lived there off and on for about 20 years and over time he has seen a significant increase of traffic on that street. Mr. Gadd suggested installing signs prohibiting outside traffic into the neighborhood during peek traffic time as an additional tool for law enforcement. Mr. Gadd requested an additional stop sign be installed on Brook Glen Drive. Councilmember Baker stated he reviewed the Prides Crossing Traffic Study in detail and is bothered by the Consensus Chart in the back of the study it shows all of the new recommendations for traffic calming signs, however none of the current signs are listed. Councilmember Baker stated he is dissatisfied with the final report and feels several areas have not been addressed. Councilmember Streit concurred with Councilmember Baker but suggested that the Council approve the proposed ten (10) traffic-calming devices recommended by staff tonight and continue to study the other areas. Mayor Mehaffey directed staff to: 1. Proceed with the additional ten (10) traffic-calming devices recommended by staff. 2. Analyst Reeve should work with Director Cherbone to look at installing a streetlight at the comer of Cox/Miller Avenue. 3. Continue traffic studies in the surrounding neighborhoods. 4. Investigate an additional stop sign at Brook Glen Drive. BAKER/STREIT MOVED TO ADOPT RESOLUTION TO APPROPRIATE FUNDS TO IMPLEMENT THE STUDY RECOMMENDATIONS. MOTION PASSED 5-0. 9 City Council Minutes January 17, 2001 Mayor Mehaffey introduced and welcomed Mr. Irwin Kaplan. Mayor Mehaffey stated Mr. Kaplan recently joined the Community Development Department as the Interim Director. Mayor Mehaffey noted that Mr. Kaplan brings to the City of Saratoga over 40 years of experience. NEW BUSINESS o PRESENTATION OF DESIGN SCHEMATICS OF LIBRARY STAFF RECOMMENDATION: Authorize City Manager to execute contract. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker reported that for the last six months, the Library Expansion Committee and staff members have been working with the Library Architects and various other consultants to develop the schematic design for the Saratoga Community Library. The process consisted of meetings between the Architect and the Library Expansion Committee every two weeks to develop the concept of the building, and three public meetings to receive public input. The result is the design that Mark Schatz, of Field Paoli, will present tonight. Director Walker noted that the Landscape Architect has been working with the Heritage Preservation Commission and Matt Novakovich to minimize the Library expansion project's impact on the Heritage Orchard. The main landscaping theme is orchard related. Director Walker briefly explained the estimated costs to construct the Library as designed. The estimate is the first of two very detailed estimates that will be prepared by the Architects at crucial stages in the design process. The Architects' estimated a total of $13,520,597.00, plus $1,988,171.00 in design and construction contingencies, for a total of $15,508,768. This includes all costs associated with the completion of the project including renovation and construction costs, moving costs, and temporary quarters for the library during the eighteen months of construction. Director Walker noted that this estimate exceeds the $15 million available for the project, so the process of value engineering has begun to reduce to no more than $15 million, including adequate contingencies. Director Walker noted that on January 25 the Architect and Construction Manager will meet with the Library Expansion Committee to review a list of options for reducing the cost estimate. Director Walker noted that the Citizen Oversight Committee was concerned about the construction being divided into two phases; phase one is the site preparation and construction of the foundation and parking lot, and phase two is the rest of the library construction. The COC felt that the phased approach could pose a cost risk because it limits the Architect's options in phase two to 10 City Council Minutes reduce costs, should the need arise. January 17, 2001 Director Walker reported that the Architect recommended this approach in order to meet the November 2001 deadline of the target opening of the new library. Councilmember Baker stated he strongly opposes any estimate exceeding the $15 million that is available. Director Walker reassured Councilmember Baker that the project group has already started value engineering to reduce the costs. Mark Shatz, Field Paoli Architects/Project Architect, introduced the project team. Mr. Shatz reassured the Council that staying within the budget is a priority and has begun to prepare a preliminary list on value engineering options and a meeting has been scheduled for tomorrow morning with Gilbane, the cost estimators, and all the sub consultants on the team so they will have a plan in place on how they will achieve the budget goals. Mr. Shatz provided a brief summary of the process to date highlighting the number of meetings involving the Library Expansion Committee, City Council, community workshops, and various city departments. Mr. Shatz introduced Steve Lovell, Field Paoli Architects/Project Architect, who would be giving the design presentation. Mr. Lovell briefly demonstrated how the existing library would be expanding and how it would eventually co-exist with the Heritage Orchard. Mr. Lovell explained that two independent parking studies were prepared, one by Jim Jeffrey, the city's parking consultant, and one by Jane Bierstedt at Fehr and Peers. The conclusion was that the new library should provide 160 parking spaces, including designated accessible and van stalls. Mr. Lovell described in length the new interior/exterior of the library and the new design for the front entry. Mr. Schatz explained to the Council that one way to stay within the budget is to perform frequent the frequent and repetitive cost estimates throughout the project. Mr. Shatz noted that two estimates have been done, the first by Oppenheim Lewis, the second by Gilbane. Mr. Shatz noted that the current estimate for renovation, new construction and site work, temporary quarters, contingencies, permits, fees, and equipment exceeds budget by $500,000.00. Mr. Shatz asked the Council to approve the schematic design and schematic 11 City Council Minutes January 17, 2001 construction cost estimate with the contingency of value engineering. Mr. Shatz gave the Council examples of how the cost could go down with minor changes to the interior and exterior of the library. Mr. Shatz noted that construction should start in August 2001. Mr. Shatz suggested temporarily closing the library until the project is complete. Mr. Shatz noted this would save a lot' of money. Councilmember Streit questioned if relocating the library to another location is more economical rather than keeping it on the construction site. Mr. Schatz responded that it would be more efficient and more economical to relocate the Library offsite. Councilmember Streit also suggested that more private study rooms be added and suggested contacting the principal at the high school to discuss future curriculum patterns. Councilmember Waltonsmith noted she does not support closing the library and supports relocating the Library off site. Councilmember Waltonsmith also expressed concern in regards to the transplanting of the existing trees. A discussion took place of the importance of staying within the budget. Mayor Mehaffey suggested putting a cap on the budget of $14.5 million. Councilmember Bogosian noted he would prefer $14.25 million and opposed closing the library down until the project is complete. Councilmember Bogosian supported the new design for the front entry noting it retains the feeing of the existing building. Councilmember Bogosian noted that the new design was more in conformity with the existing site. WALTONSMITH/BOGOSIAN MOVED TO APPROVE THE SARATOGA COMMUNITY LIBRARY DESIGN AND COST ESTIMATES WITH THE PROVISION OF VALUE ENGINEERING AND THE NEW DESIGN FOR TI-IE FRONT ENTRY. MOTION PASSED 5-0. Councilmember Baker requested that a maximum dollar amount for the project be added to the motion so it does not exceed the budget. Motion amended to include the specific dollar amount of $14.5 million, total cost of final project. Motion passed as amended 5-0. Mayor Mehaffey declared a fifteen (15) minute recess at 9:27 p.m. 12 City Council Minutes January 17, 2001 Mayor Mehaffey reconvened the meeting at 9:42 p.m. o AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH ALTRANS FOR FY 00-01. STAFF RECOMMENDATION: Accept report and direct staff accordingly. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve reported since February of 1997, the City, in cooperation with ALTRANS (Alternative Transportation Solutions), has applied for and received funding from the Santa Clara Valley Transportation Authority (VTA) from the Transportation Fund for Clean Air (TFCA) Program. Recently the City has been awarded $322,000.00 from The VTA. Analyst Reeve reported that ALTRANS has been providing trip reduction and ridesharing services for 7,500 students of Santa Clara County Community Colleges and Universities since 1993 and K- 12 since 1996. Analyst Reeve noted Steve Blaylock/ALTRANS was present to answer any questions. Councilmember Waltonsmith noted she had heard that the VTA was not going to fund ALTRANS this year because of documentation issues. Analyst Reeve responded that the documentation issues have already been handled. Councilmember Waltonsmith asked Mr. Blaylock if he has had any success with covering the bus stops in front of various schools. Mr. Blaylock responded that he is still working on that issue. Councilmember Baker asked if ALTRANS plan includes all the schools that serve Saratoga. Mr. Blaylock responded that most of the schools that serve Saratoga are included except Marshall Lane, Westmont High School, Prospect High School, and Rolling Hills Middle School. Councilmember Baker expressed dissatisfaction that all the schools that serve Saratoga residents were not included in ALTRANS service plan. Councilmember Baker noted that this was the third time he has requested all schools be included. Mr. Blaylock noted that some of the schools that are not included are very 13 City Council Minutes January 17, 2001 resistant to the program and have no desire to come aboard. Councilmember Streit asked why Marshall Lane was not included. Mr. Blaylock states that Marshall lane was accidentally left out. Councilmember Waltonsmith concurred with Councilmember Baker that all the schools that serve Saratoga should be included in the service plan. Councilmember Bogosian concurred with his fellow colleagues regarding the service plan including all the schools. Coucnilmember Waltonsmith directed Mr. Blaylock to contact the City Council if schools refuse to participate. BAKER/STREIT MOVE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH ALTRANS FOR FY 00/01. MOTION PASSED 5-0. POLICY FOR ACQUISITION OF CITY OWNED PARKING RIGHTS IN PARKING DISTRICT #3 STAFF RECOMMENDATION: Authorize City Manager to execute contract. Richard Taylor, City Attorney, presented staff report. Mr. Taylor explained that the City established Parking District #3 in 1988. Mr. Taylor explained that parking requirements applicable to proposed developments, including expansions, in the Village depend on the parking district in which the development is proposed. The requirements for Parking District #3 is one parking space be provided for each 350 square feet of gross floor area developed. Mr. Taylor noted that in 1988 when the City Council created the assessment district, 31.2 "extra? parking spaces were identified. Mr. Taylor explained that Mr. Jin Lee, owner of the Saratoga Cleaners at 14495 Big Basin Way, has requested that the City sell him the development rights associated with some of the 31.2 parking spaces in Parking District #3. Mr. Taylor noted that based on the City's current policy, Mr. Lee would pay $19,546.00 per parking space. Mr. Taylor explained that although Mr. Lee is considering an expansion at the Saratoga Cleaners he has not yet submitted a development application to the City because the feasibility of the project depends, in part, on the City's willingness to sell the development rights of the parking spaces. 14 City Council Minutes January 17, 2001 Mr. Taylor briefed the City Council on some policy issues concerning the proposed purchasing agreement. · The approval of the transfer of development rights not be construed as approval of development application. · The adequacy of current parking in the Village. · The appropriate price to charge for each parking space. Councilmember Bogosian noted that no studies have been done on the current parking situation, nor has the Village Specific Plan been considered. Councilmember Baker stated he does not support this item in any way and recommended it go back to staff with no action taken tonight. Councilmember Waltonsmith commented that the 1988 study might not be accurate today and recommend a new parking study be done to determine if adequate parking exists in the Village. Councilmember Streit commented that the price of parking spaces listed in Mr. Taylor's report of $19,546.00 is too low and supports further parking studies. Mayor Mehaffey feels the cost of parking spaces should be determined on how much it would be to replace them in today's market. Mayor Mehaffey noted he does not want to prevent Mr. Lee from expanding because the City Council lacks adequate information on the Village parking situation. Mayor Mehaffey directed staff to bring more data back to Council, including a cost analysis of the current cost of parking spaces in the Village. ANNUAL REVIEW OF THE CITY OF SARATOGA INVESTMENT POLICY STAFF RECOMMENDATION: Approve the Investment Policy. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker explained that the Califomia Government Code and City of Saratoga Municipal Code require the City Council to annually review and approve the City's Investment Policy. Director Walker noted that the Investment Policy lays the foundation for the City's investment management functions. Last year, at the January 19, 2000 City Council meeting, staff recommended minor changes to the Investment Policy from the previous year, and the Council approved the Investment Policy in its current version. This year the Finance Commission reviewed the Policy 15 City Council Minutes January 17, 2001 at their January 8, 2001 meeting, and recommended forwarding the Policy to the Council after some minor changes. Director Walker summarized the changes recommend by the Finance Commission. 10. Councilmember Baker noted that the changes were not included in the report. Director Walker noted that the changes were accidentally left out of the report but reassured Council that they were not extremely significant. BOGOSIAN/STREIT MOVED TO APPROVE THE CITY OF SARATOGA INVESTMENT POLICY. MOTION PASSED 5-0. REPORT FROM CITY ATTORNEY - PROCEDURE FOR ESTABLISHMENT OF A CITY COMMUNITY FOUNDATION STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attomey, presented staff report. Mr. Taylor explained that the City Council expressed interest in forming a Community Foundation supporting various activities in Saratoga. Mr. Taylor noted that community foundations established by local governments are subject to the Brown Act, Political Reform Act, and other agency restrictions applicable to all actions by the City. Independent foundations are not subject to these restrictions. Mr. Taylor stated that the manner in which the City proceeds in supporting the formation of a community foundation depends on whether the foundation will be independent of the City or will be a City-sponsored foundation. If the City wishes to support formation of an independent foundation, the City Council could direct staff to take steps to inform the community of the Council's interest and to encourage interested members of the community to step forward. Mr. Taylor noted that most community foundations are established as non- profit organizations that are exempt from federal taxation under section 501 (1)(3) of the Internal Revenue Code. Mr. Taylor explained that if the City wishes to support a City-sponsored foundation, the City Council could direct staff to solicit applications for a special committee to investigate and create a City of Saratoga Community Foundation. Councilmember Waltonsmith noted that she supports the City helping create a 16 City Council Minutes January 17, 2001 community foundation and once it is established allow the foundation to run independently from the City. Mr. Taylor explained that the Council would need to determine the degree of control the City would exercise over a community foundation. In a private foundation, a board would decide how to spend donated money and City Council approval would not be necessary. Mr. Taylor suggested the City form a task force to develop a "Mission Statement" for a community foundation. Councilmember Streit concurred with Councilmember Waltonsmith and noted that most people are generally more inclined to donate money to a nonprofit organization rather a government agency sponsored group. Mayor Mehaffey concurred with Councilmember Waltonsmith and Councilmember Streit that the City should start the process of the formation of a community foundation. Dave Anderson, City Manager, reiterated what he felt was the direction from Council. Mr. Anderson stated that a model of "Articles of Incorporation" for a Saratoga Community Foundation could be drafted and placed on the next City Council agenda. Mr. Taylor asked the Council how large of a board they would like. Mayor Mehaffey commented that the Foundation could have an executive board of no more than 7 members and a general membership. Mr. Taylor suggested a governing board up to 15 members and other advisory boards for arts, sports, etc. Mr. Taylor commented that the proposed "Articles of Incorporation" could be left open, leaving it up to the Board to decide on what the advisory boards are going to represent. 11. APPROVAL OF CITY ENERGY CONSERVATION POLICY STAFF RECOMMENDATION: Accept report and direct staff accordingly. TITLE OF RESOLUTION: 01-006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING THE CITY OF SARATOGA'S PARTICIPATION IN THE LEAGUE OF CALIFORNIA CITIES EFFORTS TO CONSERVE ENERGY John Cherbone, Director of Public Works, presented staffreport. 17 City Council Minutes January 17, 2001 Director Cherbone explained that since December, California has been under Stage 1, 2,and 3 energy alerts. On January 12, 2001, a Stage 3 energy alert was issued and rolling blackouts took place. Director Cherbone reported that this Stage 3 energy alert prompted the League of California Cities to issue a memorandum asking all cities to certify that they will reduce energy usage by 5% by January 16, 2001. Director Cherbone briefly presented several energy conservation methods the City would be implementing at City Hall and the Village until the power shortages are over. Councilmember Baker reported that he recently attended a Cities Association meeting and there was an unanimous decision to write a letter to PG & E demanding that they notify all law enforcement agencies at least one (1) hour prior to rolling blackouts. Councilmember Bogosian supported the energy conservation methods that Director Cherbone presented and suggested removing the Village lights completely. Mayor Mehaffey noted he supported the lights being on in the Village only during the holiday season. Mr. Taylor commented that the Council could agree, as an energy conservation measure, to shut the Village lights off during the State's energy shortage. Mayor Mehaffey noted that at the next Downtown Beautification Committee meeting a policy could be developed in regards to the long term use of Christmas lights. BAKER/STREIT MOVED TO APPROVE RESOLUTION DECLARING THE CITY OF SARATOGA'S PARTICIPATION IN THE LEAGUE OF CALIFORNIA CITIES EFFORTS TO CONSERVE ENERGY. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Councilmember Waltonsmith noted that SASCC is excited about the temporary buildings and that in regards to the VTA PAC voted to support natural gas for the new buses, however the Board of Directors went the other direction and decided that the new buses would use clean diesel instead of natural gas. Councilmember Bogosian reported that the Silicon Valley Joint Animal Control is seeking to hire an Executive Director and they are still looking for property to house the shelter. Councilmember Baker reported that the HCD, KSAR, and the Emergency Preparedness Council have not met yet, but noted that he recently attended the Cities Association on behalf of Mayor Mehaffey. Councilmember Baker reported that the City's Association 18 City Council Minutes January 17, 2001 set a few priorities for the year; housing and transportation were at the top. Councilmember Baker had nothing to report regarding the West Valley Sanitation District Board. Councilmember Streit had no reportable actions or information. Mayor Mehaffey had no reportable actions or information. CITY COUNCIL ITEMS Councilmember Bogosian expressed dissatisfaction with the report given to the Council by Rebecca Spoulos, Code Enforcement Officer, of complaints being lodged against residents in Saratoga. Councilmember Bogosian requested that a policy be developed not to include residents that have not violated any codes in the report. If a complaint is lodged and there is no violation, the person should not be listed on the report. Dave Anderson, City Manager, suggested that in the future only the statistical information of code complaints and violations be presented to the City Council. Councilmember Waltonsmith applauded Saratoga schools that received top marks in the school evaluation report prepared by San Jose Mercury News. Councilmember Waltonsmith questioned the status on the progress of getting mai or bus stops covered in Saratoga. Councilmember Waltonsmith noted that she does not like to see people sitting out in the elements. Mayor Mehaffey directed staff to place the issue of bus stops on a future agenda. Councilmember Streit requested more information on Rule 20 money from P G & E in regards to under grounding. Mayor Mehaffey noted that he recently attended the Mayor/Council Conference in Sacramento and during a conversation amongst other Mayors, the issue of a "Cosecant Calendar" policy was brought up. Mayor Mehaffey directed staff to draft a policy concerning the "Consent Calendar". OTHER Richard Taylor, City Attorney, strongly encouraged the Councilmembers to attend the ABAG hearing on January 25, 2001, in regards to the "Regional Housing Needs Determination". CITY MANAGER'S REPORT Mr. Anderson had nothing to report. 19 City Council Minutes ADJOURNMENT January 17, 2001 Mayor Mehaffey adjourned the meeting at 11:20 p.m. ~r~spectfully ~ui3mit(e~:- · City Clerk. ~-~' _ .:~- .~'~C. 20