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HomeMy WebLinkAbout09-17-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL SEPTEMBER 17, 2003 The City Council met in Open Session to conduct interviews for the Arts Commission and the Finance Commission at 5:00 p.m. 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- Consideration of Liability Claims (Gov't Code 54956.95): Claimant: Raihana Bano Agency claimed against: City of Saratoga Conference with Legal Counsel- Initiation ofIitigation (Gov't Code section 54956.9(c): (1 potential case). MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: Councilmember Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Danielle Surdin, Administrative Analyst Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Iveta Harvancik, City Engineer Morgan Kessler, Assistant Engineer Cary Bloomquist, Administrative Analyst 1 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 17, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 17, 2003, was properly posted on September 11, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Bill Breck, noted that the tree protective fences were still missing at the property located at 14480 Oak Place. Mr. Breck stated that this was his 19th time before the City Council and Planning Commission. Darin Defner, PG& E, introduce himself to the Council as the new Government Relations Representative and distributed his business cards. COMMUNICATIONS FROM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith requested an update on the property located at 14480 Oak Place. City Attorney Taylor explained that a Notice of Code Violation for a number of violations was issued on September 15, 2003. City Staff is waiting for a response from the landowner who has 20 days to file an appeal. City Attorney Taylor stated that if no appeal is filed, the Notice of Code Violation would be recorded on the property. ANNOUNCEMENTS None 2 CEREMONIAL ITEMS 1. COMMENDATION - EXPRESSING APPRECIATION FOR SARATOGA CITIZEN JOHN "JACK" MALLORY STAFF RECOMMENDATION: Present commendation. Mayor Streit read the commendation and presented it to Mr. Mallory. SPECIAL PRESENTATIONS 2A. INTRODUCTION OF GENIE DEE, EXECUTIVE DIRECTOR SASCC STAFF RECOMMENDATION: Informational only. Dave Anderson, City Manager, introduced Genie Dee the new Executive Director ofSASCC. Director Dee noted that she is looking forward to working with the City Council. 2B. CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING STAFF RECOMMENDATION: Acknowledge achievement. Mayor Streit acknowledged the award and thanked Director Baloca and his staff for their hard work on the CAFR. CONSENT CALENDAR 3A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W ALTONSMITHlKLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3 3B. PLANNING ACTION MINUTES - AUGUST 27, 2003 STAFF RECOMMENDATION: Note and file. W ALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3C. PLANNING ACTION MINUTES -SEPTEMBER 10, 2003 STAFF RECOMMENDATION: Note and file. Mayor Streit requested that item 2C be removed from the Consent Calendar. Mayor Streit referred to Item 3 in regards to the AT&T application. Mayor Streit noted that the staff and the Planning Commission did a great job with the landscaping and the location of the building. Mayor Streit noted that he would like to appeal the application based on the safety and esthetics of the proposed building with support from the Council. Vice Mayor Waltonsmith noted that she supported Mayor Streit's request. W ALTONSMITHlKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3D. 2002 CONCRETE & STORMDRAIN MAINTENANCE PROJECT - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. WALTONSMITH/KLINE MOVED TO ACCEPT NOTICE OF COMPLETION FOR 2002 CONCRETE & STORMDRAIN MAINTENANCE PROJECT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3E. ADA IMPROVEMENTS AT HAKONE GARDENS- AWARD OF CONTRACT STAFF RECOMMENDATION: Approve proposal and authorize City Manager to execute agreement 4 W ALTONSMITHlKLINE MOVED TO APPROVE PROPOSAL AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3F. 2003 CONCRETE MANAGEMENT PROGRAM - AWARD OF CONTRACT STAFF RECOMMENDATION: Declare George Bianchi the lowest bidder; award a construction contract; authorize staff to execute change orders to the contract. W AL TONSMITH/KLINE MOVED TO DECLARE GEORGE BIANCHI THE LOWEST BIDDER; AWARD A CONSTRUCTION CONTRACT; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3G. SARATOGA BUSINESS DEVELOPMENT COUNCIL (SBDC) STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA REPEALING THE DECISION ETABLISHING THE SARATOGA BUSINESS DEVELOPEMNET COUNICL (SBDC) WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION REPEALING THE DECISION ETABLISHING THE SARATOGA BUSINESS DEVELOPEMNET COUNICL (SBDC). MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 3H. EXPANSION OF DECORATIVE AND SAFETY LIGHTING IN THE VILLAGE/APPROPRIATION OF FUNDS STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF $34,532 FOR DECORATIVE AND SAFETY LIGHTING IN THE VILLAGE 5 W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE 2003-2004 BUDGET FOR AN APPROPRIATION OF $34,532 FOR DECORATIVE AND SAFETY LIGHTING IN THE VILLAGE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 31. AUTHORIZATION TO PURCHASE PLAY EQUIPMENT FOR EL QUITO PARK PLAY EQUIPMENT REPLACEMENT PROJECT FROM MIRACLE RECREATION EQUIPMENT COMPANY STAFF RECOMMENDATION: Approve purchase. WALTONSMITHlKLINE MOVED TO APPROVE PURCHASE OF PLAY EQUIPMENT FOR EL OUlTO PARK. MOTIUON PASSED 4-0-1 WITH BOGOSIAN ABSENT. 31. RESOLUTION OF SUPPORT OF THE MEMORANDUM OF CONSENSUS PREPARED BY THE SANTA CLARA VALLEY WATER RESOURCES PROTECTION COLLABORATIVE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-063 RESOLUTION OF THE CITY COUNCIL SUPPORT OF THE SANTA CLARA WATER RESOURSES PROTECTION COLLABORATIVE MEMORANDUM OF CONSENSUS FOR MUTUAL COOPERATION TO JOINTLY DEVELOP AND IMPLEMENT WATER AND WATERSHED RESOURCES PROTECTION MEASURES, GUIDELINES AND STANDARDS IN SANTA CLARA COUNTY W ALTONSMITHlKLINE MOVED TO ADOPT RESOLUTION OF SUPPORT OF THE MEMORANDUM OF CONSENSUS - PREPARED BY THE SANTA CLARA V ALLEY WATER RESOURCES PROTECTION COLLABORATIVE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 6 3K. CLAIM OF RAIHANA BANO; CLAIM NO. GL-055073 STAFF RECOMMENDATION: Authorize ABAG to settle claim. WALTONSMITH/KLINE MOVED TO AUTHORIZE ABAG TO SETTLE CLAIM. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS 4. MAJOR UPDATE AND AMENDMENTS TO SECTION 15-50, TREE REGULATIONS AND ADOPTION OF A ENVIRONMENTAL DETERMINATION STAFF RECOMMENDATION: Continue public hearing from 09/03/03; adopt resolution granting the Negative Declaration of Environmental Impact; introduce ordinance; and place on consent calendar at the September 17, 2003 meeting for adoption. TITLE OF RESOLUTION: 03-064 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA GRANTING NEGATIVE DECLARATION OF ENVIRNMENTAL IMPACT TO THE AMENDMENTS AND RE-ADOPTION OF THE TREE REGULATIONS OF THE SARATOGA CODE Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that various changes to the proposed ordinance: · Adopting ISA Standards · Administrative Penalties · State Licensing Requirements · Defining "Canopy" and "Crown" · Requiring a permit after the fact if a person removes or prunes in excess of 20% or encroaches into the root zone of a tree in order for conditions to be made · Technical and grammatical changes Vice Mayor Waltonsmith asked Director Sullivan what the tree fund would be used for. Director Sullivan noted that the funds should go back into the community for tree maintenance and new trees. Mayor Streit opened the public hearing and invited public comments. 7 Tom Corson submitted a letter signed by six residents in his neighborhood proposing five points that would make the proposed ordinance better · Design Review findings should preserve all protected trees · Noticing on all protected trees not just "native" trees · Determination on Permit - change to state that a tree can only be removed if actual or eminent physical damage to buildings on a property · Determination on Permit - if an Arborist report is required then it should be written by the City's Arborist · Standard policy be clearly stated - Replacement or payment shall be required in all cases except when a tree is removed because of a disease of public nuisance Bill Breck noted that he supported Mr. Corson's suggested changes and added that his concern is how the City was planning on enforcing the ordinance. Mr. Breck asked if someone is reckless enough to cut down a protected tree, what specific measure could the City use to require a permit. Marvin Becker stated that he feels that the City should not have the right to tell a property owner that they can or cannot remove a tree from their own property. Robert Zager noted that he is opposed to the proposed ordinance. Mr. Zager noted that he feels the proposed ordinance is flawed especially because it takes away the property rights of a homeowner. Elizabeth Lora noted that the proposed ordinance is not strong enough to protect the trees in Saratoga. Ms. Lara noted that she feels that neighborhoods should be involved in the process if it affects their neighborhood. Jill Hunter, Planning Commission Chair, noted that the subcommittee worked very hard on the proposed ordinance and noted that she agrees with the speakers that all protected trees should be included in the ordinance not just the native trees. Mayor Streit closed the public hearing. Mayor Streit stated that it is important for the public to understand that this proposed tree ordinance is fine-tuning the existing version we already have. Director Sullivan responded several definitions have been added to the proposed ordinance, which adds clarity for the public and building inspectors. Also the ordinance would be consistent with industry standards. In regards to permit fees, the fee was established last year at $25 and has not been increased since. Councilmember Kline asked for a brief explanation on how the City will enforce the proposed ordinance if someone is in violation of an illegal tree removal. Director Sullivan explained that the owner would have to obtain a tree removal 8 permit and the City would add conditions. The City arborist would visit the site to evaluate the tree. If the person doesn't comply they would receive a misdemeanor. In response to Mr. Breck's suggestion, Councilmember King asked if drip lines could be required in site plans. Consensus of the Council to add Councilmember King's request in the proposed ordinance. In regards to the concept of misdemeanors in the proposed ordinance, Mayor Streit asked for a clear explanation ofthis. City Attorney Taylor responded State code states that any violation of the code is a misdemeanor unless the City makes it an infraction. City Attorney Taylor noted that the City could adopt a whole separate section on civil penalties. This would allow the Cit to approach the civil court to ask that they impose a penalty on a person. If directed by Council staff could come back with civil remedies provisions as a code enforcement tool that would apply to a lot of others things besides trees. Councilmember Kline noted that the City could raise penalties higher than $500 if we had a civil remedy section in the code. City Attorney Taylor responded yes. Councilmember King asked if schools are exempt from City ordinances. City Attorney Taylor responded that schools are not exempt from city's zoning ordinance unless the school district makes an explicit finding that it needs to exempt itself from the City ordnance in support of a classroom facility. Councilmember Kline asked Director Sullivan if giving notice for protected and native trees would add an extra burden to staff. Director Sullivan responded that it would not be an additional burden on staff. Vice Mayor Waltonsmtih noted that she supports the proposed ordinance. Councilmember Kline noted that he thinks that the misdemeanor should be reduced to an infraction and also the City needs to find a way to enforce the ordinance in a monetary amount. Councilmember Kline noted that he supports noticing on all protected and native trees. 9 City Attorney Taylor noted that this item would be brought back to Council on October 15, 2003 as amended. W AL TONSMITH/KING MOVED TO INTRORDUCE THE ORDINANCE AS PROPOSED WITH AMENDMENTS INCLUDING: AMENDING THE ENFORCEMENT PROVISION TO REDUCE THE PENATLY FROM A MISDEMEANOR TO AN INFRACTION, ADDING A ENFORCEMENT REMEDY OF A CIVIL PENALTY PROCEDURE UP TO $5,000 PER TREE OR THE VALUE OF A TREE IF GREATER THAN $5000; NOTICING OF ALL PROTECTED TREES NOT JUST NATIVE TREES; INSURE THAT PROTECTED TREES ON ADJOING PROPETIES ARE SHOWN ON THE SITE PLAN. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/KING MOVED TO DIRECT STAFF TO SCHEDULE A PUBLIC HEARING ON OCTBER 17, 2003; DIRECT THE CITY CLERK TO PUBLISH THE NOTICE; DECLARE THE NOTICE SUFFICENT TO INFORM THE PUBLIC OF THE ADOPTION OF THE ISA STANDARDS BY REFERNCE. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. W ALTONSMITH/KLINE ADOPT RESOLUTION GRANTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. OLD BUSINESS 5. SEPTIC ABATEMENT PROGRAM - BELOW GRADE SEPTIC SYSTEMS STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained the background regarding the septic abatement program and stated that the current ordinance was interpreted to exempt below grade homes served by septic systems because it was believed that the cost of installing the storage tank, pump system, and piping necessary to convert from septic to sewer would be prohibitively expensive. Director Cherbone stated that new information indicates, however, that the cost of conversion, while substantial, do not differ markedly from the cost of converting above grade systems. Director Cherbone explained that at the February 5, 2003 City Council meeting, Council directed staffto contact the 19 property owners whose homes were identified as maintaining a septic system with a "below grade" exemption status. 10 Director Cherbone noted that after additional investigation, City staff discovered two of these parcels were recently connected to the public sewer system, one is a vacant parcel, and one was determined not to fall under the below grade exemption status. Per this update information, the proposed new ordinance would affect 15 properties. Director Cherbone explained that staff contacted all affected property owners via mail and invited them for individual meetings. Fourteen of the original 19 property owners responded; 10 of those met with staff. Staff informed the property owners of the proposed amendment to the septic abatement ordinance and discussed the water quality issues in the City and the City's desire to improve it. Each property owner was encouraged to express his or her concerns regarding the issue. Director Cherbone noted that almost all of the property owners raised concern about the expense of the sewer connection. Director Cherbone explained some other concerns expressed by the property owners such as damage to trees and landscaping, main required for the pumping and existing tank working properly and there is no need to change. Vice Mayor Waltonsmith asked if these properties were the last ones that have to hook up to the sewer system. Director Cherbone responded yes. Councilmember King asked if the City is still offering financial assistance. Director Cherbone responded yes, noting that the money was still available to qualified residents from CDBG grants. Councilmember Kline asked if the ordinance only applied to the 15 properties. Director Cherbone noted that it would be citywide. Director Cherbone explained that there are three exemptions to the Septic Abatement Ordinance; 1) requires an easement, 2) 200 feet from a property line to a sewer system, and 3) below grade. Director Cherbone noted that the proposed ordinance before the Council this evening only addresses the below grade exemption. Rollin Buckman stated that he met with City staff and noted that he objects being forced into hooking up to the sewer system. Mr. Buckman stated that the hook up would be extremely expensive and unnecessary because his septic tank has been working fine since July 1954. Regina Oldham noted that her property is one of the 15 properties that are below grade only because her tank was not installed properly. Ms. Oldham noted that her septic tank is functioning perfectly and hooking up to the sewer system is not 11 considered an improvement to her house. Ms. Oldham noted that it is commendable for the City to want clear creeks but unfortunately the City cannot prove where the pollution is coming from. W. Donald Head read a letter explaining the background of his property and his options for complying with the Septic Abatement Ordinance. Dr. head stated that staff agreed that establishing a subterranean "holding" tank with no effluent and emptied annually by a professional was a good solution for his property. Mike Landgraf noted that there is no proof that septic tanks are causing the pollution in the City's creeks. Mr. Landgraf noted his septic tank has been working great for years. Bob Binkley noted that he is a civil engineer who designs waste water systems and a long time Saratoga resident. Mr. Brinkley stated that ifhe were to hook up to the sewer system he would be paying approximately $63,000 in fees. Mr. Brinkley stated that the City has no real hard data to prove septic tanks are the cause of the pollution. Shirley Martire noted that she has been working closely with Director Cherbone. Ms. Martire noted that her property is 500 feet from the nearest hookup. Ms. Martire noted that the costs for hooking up to the sewer system have been very high. Councilmember King asked what the logic was behind the exemption of properties whose property line is 200 feet from the nearest hook up. Director Cherbone noted that he was not involved in the process at the time and cannot speculate on why that particular exemption was put in place. Councilmember Kline stated that below grade properties were exempt in the original ordinance. Director Cherbone responded yes and added that this proposed ordinance only addresses one of three existing exemptions. Councilmember Kline noted that the City has no proof that links the septic systems of these 15 properties to the contamination ofthe creek. Director Cherbone concurred with Councilmember Kline and added that staff is trying to gather more accurate data to find the source of the contamination. Councilmember Kline noted that he could not support the proposed ordinance without proof. 12 Mayor Streit stated that staff was directed to approach the below grade property owners because their property abuts the creek. The goal was eliminate the flow to the creek. Vice Mayor Waltonsmith noted that she supported the ordinance and would like to work individually with the 15 property owners who are below grade to mitigate their hardships and connect to the sewer system. Councilmember Kline suggested that the City look into the public sewer lines in the Village instead offocusing on the 15 priorities below grade. Vice Mayor Streit asked City Attorney Taylor whether the ordinance could be amended to state that as long as a below grade system was working adequately they could continue to use the system, but if someday they do not pass the chemical marker test they, have five years to hook to the sewer system. City Attorney Taylor stated that an amendment might not be necessary. City Attorney Taylor explained that if in the course of the septic inspection the City had a test mechanism that would allow us to demonstrate that material was flowing from the septic system into the creek that would be sufficient enough in the existing ordinance to not give the property owner five years. The City could instruct the property owner to connect to the sewer or take other steps to keep the material from flowing into the creek. City Attorney Taylor stated that staff could come back with an amended ordinance or take no action. Councilmember Kline noted that none of the speakers tonight opposed to hooking up to the sewer system if there was proofthat their septic tank system was contaminating the creek. Consensus of the City Council to direct staff to test all ofthe below grade septic tanks and report back to Council. Mayor Streit declared a break at 9:25 p.m. Mayor Streit reconvened the meeting at 9:35 p.m. 6. HERITAGE ORCHARD WELL AND IRRIGATION PUMPING SYSTEM- ADDITIONAL FUNDING APPROVAL STAFF RECOMMENDATION: Approve increase of existing change order for additional scope of work. John Cherbone, Public Works Director, presented staff report. 13 Director Cherbone explained that last June the City Council approved an award of construction contract to Maggiora Brothers Drilling, Inc. for the amount of $95,475 with a contract change order authority of$9,500 for construction ofa irrigation well and pumping system in the Heritage Orchard. The well and pumping system are part of Phase I ofthe Heritage Orchard Improvement Project. Director Cherbone noted that the original predictions for water bearing layers in the orchard were estimated to be at a depth of 300 feet or less. However, the test well drilled in August indicated that the production well needed to be 540 feet based on the test well and e-log data. Additionally, the sanitary seal around the upper part of the well, as indicated by the Santa Clara V alley Water District, is required to be 170 feet instead of the originally estimated 50 feet. Director Cherbone noted that the total increase of the project construction is $30, 004. W ALTOSNMTIH/KLINE MOVE TO APPROVE INCREASE OF EXISTING CHANGE ORDER FOR ADDITIONAL SCOPE OF WORK. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. 7. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY RESTROOM FACILITY - APPROVAL OF DESIGN STAFF RECOMMENDATION: Approve design. Iveta Harvancik, City Engineer, presented staff report. Engineer Harvancik explained that background of this project and noted that Option A shows the facility located at the Transit Center and Option B shows the facility at the parking lot. Engineer Harvancik stated that staff recommends that Council approve both of the design options for the facility. After approval from the City Council and VT A, City staff will solicit bids for both alternatives. Based on the bid results, one of the two options will be selected and the project construction phase will be initiated. The construction ofthe restroom facility will be completed by the end of the year. W AL TOSNMTIH/KLINE MOVED TO APPROVE DESIGN FOR THE VT A RESTROOM FACILITY AT WEST V ALLEY COLLEGE. MOTION PASSED 5-0-1 WITH BOGOSIAN ABSENT. 14 8. AMENDED SCOPE OF VACATION OF GEORGE WHALEN WAY STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-053 AMENDED RESOLUTION OF THE CITY COUNCIL OF SARATOGA VACATING GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD Richard Taylor, City Attorney presented staff report. City Attorney Taylor explained that at its November 6, 2002 meeting the City Council approved a resolution vacating all public right-of-way in George Whalen Way. Although the vacation has not taken effect pending satisfaction of certain conditions San Jose Water has already taken steps to abandon the George Whalen Way water line in place to replace it with new water line in a different location. Staff was recently made aware that it would be prudent to retain a small portion of the public utility right-of- way in George Whalen Way to facilitate connection between the new water line and the parcel upon which the Fire Station is to be constructed. Since the vacation has not yet taken effect, staff recommends that the Council amend the vacation resolution to retain a public utility right-of-way over he portion of George Whalen Way. W ALTOSNMTIH/KING MOVED TO ADOPT AMENDED RESOLUTION OF THE CITY COUNCIL OF SARATOGA VACATING GEORGE WHALEN WAY BETWEEN SARATOGA A VENUE AND SARATOGA- LOS GATOS ROAD. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSENT. NEW BUSINESS 9. CITY/SCHOOL RELATIONS ADHOC COMMITTEE STAFF RECOMMENDATION: Accept report and direct staff accordingly. City Manager Anderson explained that the City of Saratoga is served by seven public school districts and two private schools, which are located in Saratoga. 50% of Saratoga students attend school within Saratoga Union School District & Los Gatos-Saratoga Joint Union High School District the other 50% are spread throughout the other 5 districts. 15 City Manager Anderson stated that in an effort to bring unification and communication between districts the City Council has tried numerous times to hold meetings with all school officials that serve the City of Saratoga to discuss such items as safety, traffic, construction projects, etc. City Manager Anderson noted that in February 2003 the City Council held a retreat to discuss various subjects. One of those discussions evolved around forming a special Schools Commission. The City Council discussed the idea and the consensus was that forming one more formal City commission was not realistic. City Manager Anderson noted that in the last couple of years the City Council has had tremendous success forming Ad Hoc Committees consisting of two Councilmembers and a staffliaison to tackle various issues. Consensus of the City Council to appoint Mayor Streit and Councilmember King to the City/School Ad-Hoc Committee. 10. OPTIONS FOR CITYWIDE NOTICING - DEANZA, PG&E, UPRR TRAIL STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staffreport. Analyst Bloomquist explained that the Mayor requested that staff list noticing options for the October 1, 2003 DeAnza, UPRR, PG& E Easement Trail Public Meeting. Analyst Bloomquist explained each type of notice, the cost, and the alternatives. Vice Mayor Waltonsmith noted that the trail is a community trail and everyone should be invited to join in the discussion. Counci1member King noted that she supported citywide noticing for this item. Councilmember Kline noted that he thinks a citywide notice is excessive. Councilmember Kline noted that he is concerned about the precedence that this would be setting. Councilmember Kline noted he agrees that if a project is of interest to the entire City then a citywide notice should be used. Councilmember Kline noted that he feels this is not a unique situation to justify a citywide notice. Mayor Streit commented that he feels this is a unique situation. Mayor Streit added that the people who live along the trail oppose to the development of the trail. Mayor Streit noted that a citywide notice is necessary. 16 Councilmember King noted that they supported Citywide noticing for this item, but doesn't feel staff has enough time to get the notice out in time for the October 1, 2003 meeting. Councilmember Kline noted that he concurred with Councilmember King an. The item should be postponed until October 15,2003 in order for the notice to be affective and allow residents to adjust their schedules in order to attend the meeting. Councilmember Kline asked Vice Mayor Waltonsmith why this item could not come back to Council on October 15, 2003. Vice Mayor Waltonsmith disagreed with Councilmember Kline stating that this item has been discussed for a year and its time to take the next step. Mayor Streit noted that he supported a citywide notice, but agrees that it should be moved to the October 15, 2003 Council meeting. Consensus of the City Council to direct staffto prepare a citywide noticing for the DeAnza, PG&E, UPRR Trail and schedule the item on the October 15,2003 Council agenda. 11. SARATOGA RETIREMENT TRAIL EASEMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that while in the process of up dating the Open Space Element of the City's General Plan, staff discovered a possible trail linkage near the Odd Fellows Retirement Community, which was not previously identified. This past May 2003 the City met with staff from Retirement Services LLC, the contracted developer at the Odd Fellows Property, to discuss the feasibility of developing a possible trail linkage running through the property that would connect San Marcos Road and Crisp Avenue. Analyst Bloomquist noted that in June -August the Trails Subcommittee explored the potential to develop this trail. Subsequently, the issue was forwarded to the Parks and Recreation Commission (pRC), who formally gave their support to explore the development ofthe trail at their July 2003 regular meeting. Analyst Bloomquist stated that in order for the PRC to proceed they are seeking direction from the City Council. Councilmember Kline asked if the Saratoga Retirement Board expressed any informal response or interest to the proposed trail. 17 Analyst Bloomquist stated no. Vice Mayor Waltonsmith commented that City staff met with the contracted developer at the Odd Fellows Property, to discuss the feasibility of developing a possible trail. Logan Deimler, PRC & Trail Sub Committee Chair, added that the staff at the Center seemed to be interested and advised the City to contact their Board. Consensus of the City Council to direct the PRC to approach the Board at the Odd Fellows Retirement Community to discuss the proposed trail linkage. 12. DISCUSSION OF POLICY ISSUES REGARDING PERSONAL SERVICES AND CONSIDERATIONS OF ADOPTING A PROPOSED URGENCY ORDINANCE TO ESTABLISH TEMPORARY PROHIBITION ON PERSONAL SERVICES BUSINESS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that the Town of Los Gatos recently adopted an interim urgency ordinance prohibiting the approval of applications for personal service businesses in business districts. City Attorney Taylor stated that the Town of Los Gatos found that there were a number of personal service businesses proposing to locate in the Town. This concerned the Town's officials of what it would do to their mix of commercial uses. City Attorney Taylor noted that they try to maintain a level of retail uses as opposed to services uses. City Attorney Taylor stated that the Mayor requested that this item come before the City Council for an opportunity to discuss whether or not this type of urgency ordinance should be adopted in Saratoga. City Attorney Taylor stated that noted that staff was requesting guidance on how to proceed. Councilmember Kline asked if the City have substantial numbers that showed that the City is being flooded with this type of business. 18 Mayor Streit pointed out the recently a travel agency closed and a nail salon went in the space. Mayor Streit noted that his concern was that now the Town of Los Gatos imposed a moratorium would personal serves business invade Saratoga. Mayor Streit concurred that the City does not know the mix of business types in Saratoga. Councilmember Kline noted that he is concerned with taking property/business owner's rights and impose a moratorium on them. Councilmember Kline stated that if a moratorium is proposed he would want quantifiable data to support it. Consensus of the City Council to bring this item back for discussion on October 15, 2003and direct the City Attorney to prepare a draft ordinance. COMMISSION ASSIGNMENT REPORTS Mayor Streit had no reportable information. Vice Mayor Waltonsmith had no reportable information Councilmember King reported the following information: Public Safety Commission - Lorie Tinfow, Danielle Surdin, and Bridgette BaIlingall recently attended an OES conference in San Luis Obispo. Commissioner Kane recently finished the traffic study on AlohalHighway 9 and will present thee result at the Oct 2003 meeting. Councilmember Kline reported the following information: Gatewav Task Force - finished that 1st draft of the guidelines and sent them to all of the stakeholders for comments. Should be ready to come before City Council by the end of the year. CITY COUNCIL ITEMS Referring to a recent fund raising event in the Town of Los Gatos, Councilmember King suggested that the City of Saratoga do something similar. Vice Mayor Waltonsmith stated that she would take the suggestion back to the Arts Commission. OTHER Mayor Streit noted that the Hakone Foundation Board would soon begin plans to renegotiate their contract with the City. City Attorney Taylor added that the Hakone Board is interested in changing their status including removing the City Council from their Board. 19 CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 10:35 p.m. ( " th oyer, CMC City Clerk 20