HomeMy WebLinkAbout102-Minutes.pdfMINUTES
SARATOGA CITY COUNCIL
DECEMBER 4, 2002
The City Council of the City of Saratoga met in Open Session in the Administrative
Conference Room at 5:00 p.m. to interview applicants for the Finance Commission.
The City Council of the City of Saratoga met in Closed Session, Administrative
Conference Room, 13777 Fruitvale Avenue at 5:15 p.m.
Conference with Legal Counsel - Threatened litigation (Gov't Code
54956.9(b): (1 potential case)
Conference With Legal Counsel - Existing Litigation (1 case)
(Government Code section 54956.9(a))
Name of case: City of Saratoga v. West Valley-Mission Community College
District (California Court of Appeal, Sixth Appellate District
No. H022365)
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 7:10 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Stan Bogosian, John Mehaffey,
Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick
Streit
ABSENT: None
ALSO PRESENT: Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Tom Sullivan, Community Development Director
Jesse Baloca, Administrative Services Director
Christine Oosterhous, Associate Planner
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 4,
2002
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of December 4, 2002 was properly posted on November 27,
2002.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
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ORAL COMMUNICATIONS
The following person requested to speak at tonight’s meeting:
Bert Martel read a letter regarding the next West Valley Sanitation District (District)
meeting. Mr. Martel stated that the District claims that everything has been cleaned up.
Mr. Martel also stated that the District only skimmed the surface of the dirt and it has not
been returned to its previous condition. Mr. Martel noted that he personally had the soil
tested by the same company the City used to test the Saratoga Creek and the test results
indicated the soil contained 90,000 units of raw sewage, almost twice as much as the
minimum allowed, which is 50,000 units of raw sewage.
COUNCIL DIRECTION TO STAFF
Councilmember Mehaffey stated that if there is a hazardous raw sewage concern in the
creek, the creek needs to be fenced off, posted, and investigated.
Vice Mayor Baker requested that Mr. Martel’s test results be sent to the West Valley
Sanitation District (District) and that the City takes a position with the District, whereby
the District conducts additional and more extensive testing, as Mr. Martel’s test results
are very different from the test results that he, along with the other members of the
District’s Board of Directors received.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
1A. APPOINTMENT AND OATH OF OFFICE OF LIBRARY COMMISSION
MEMBERS ANNE CROSS, CATHY FOSCATO AND PRAGATI GROVER
STAFF RECOMMENDATION:
Adopt resolution and administer Oath of Office.
RESOLUTION NO: 02-090
WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION
APPOINTING THREE MEMBERS TO THE LIBRARY COMMISSION.
MOTION PASSED 5-0-0.
City Clerk Boyer administered the Oath of Office to the newly appointed Library
Commissioners.
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CONSENT CALENDAR
2A. APPROVAL OF CITY COUNCIL MINUTES –SEPTEMBER 18, 2002
STAFF RECOMMENDATION:
Approve minutes.
BAKER/MEHAFFEY MOVED TO APPROVE CITY COUNCIL MINUTES
OF SEPTEMBER 18, 2002. MOTION PASSED 5-0-0.
2B. APPROVAL OF CITY COUNCIL MINUTES – OCTOBER 16, 2002
STAFF RECOMMENDATION:
Approve minutes.
Councilmember Waltonsmith requested that item 2B be removed from the consent
calendar for clarification.
WALTONSMITH/MEHAFFEY MOVED TO APPROVE CITY COUNCIL
MINUTES OF OCTOBER 16, 2002 AS AMENDED. MOTION PASSED 5-0-
0.
2C. REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
BAKER/MEHAFFEY MOVED TO APPROVE CHECK REGISTER.
MOTION PASSED 5-0-0.
2D. 2003 HAZARDOUS VEGETATION PROGRAM COMMENCEMENT
RESOLUTION
STAFF RECOMMENDATION:
Adopt resolution and set a public hearing date.
RESOLUTION NO: 02-090
BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION DECLARING
HAZARDOUS VEGETATION A NUISANCE AND SETTING A PUBLIC
HEARING. MOTION PASSED 5-0-0.
2E. AMENDING SIDE YARD SETBACK REQUIREMENTS
STAFF RECOMMENDATION:
Adopt ordinance.
An Ordinance amending the Zoning Code of the City of Saratoga amending
Article 15 to provide a staggered side yard setback in the R-1-10,000, R-1-12,500,
R-1-15,00, R-1-20,000 and R-1-40,000 zoned districts.
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ORDINANCE NO: 216
BAKER/MEHAFFEY MOVED TO ADOPT ORDINANCE AMENDING SIDE
YARD SETBACKS. MOTION PASSED 5-0-0.
2F. REQUEST FROM SARATOGA PARKSIDE HOMEOWNERS
ASSOCIATION FOR CONSENT TO AMEND CC&R’s
STAFF RECOMMENDATION:
Adopt resolution.
A resolution of the City Council of the City of Saratoga consenting
to an amendment to the Saratoga Parkside enabling declaration
establishing a plan for condominium ownership.
RESOLUTION NO: 02-089
BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION CONSENTING
TO AMENDMENT OF SARATOGA PARKSIDE CC&R’s. MOTION
PASSED 5-0-0.
PUBLIC HEARINGS
3. ISSUANCE AND DELIVERY OF INSURED SENIOR LIVING REVENUE
BONDS, 2002 SERIES A (ODD FELLOWS HOME OF CALIFORNIA) AND
AUTHORIZING THE APPROVAL OF THE ISSUANCE OF SUCH BONDS
BY THE ABAG FINANCE AUTHORITY FOR NONPROFIT
CORPORATIONS
STAFF RECOMMENDATION:
Open public hearing; close public hearing; adopt resolution.
Tom Sullivan, Community Services Director, presented staff report.
Director Sullivan explained that the Executive Committee of the Board of
Directors of the ABAG Finance Authority for Nonprofit Corporation has
considered a final application approving bond financing for The Odd Fellows
Home of California, dba: Saratoga Retirement Community in Saratoga and dba:
The Meadows in Napa (The Borrower). The Borrower is a nonprofit corporation
that owns retirement communities in Saratoga and Napa. The City of Saratoga has
been asked to hold a public hearing and make its determination of this matter at its
regular meeting on December 4, 2002.
Director Sullivan explained that the 2002 Bonds that total $82 million, are to be
issued to finance the second phase of an expansion of the Saratoga campus – the
construction of 104 apartment units and 39 cottage living sites and related
common areas, all located on a 37-acre campus with the existing facilities for the
first phase. Director Sullivan stated that the actual financing document clearly
states that the City and ABAG have no financial liability.
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Brain McLemore, 1200 Mira Mar, Medford Oregon, briefly described the facility
and noted that it will be licensed by the California Department of Social Services
under their continuing care retirement community. Mr. McLemore stated that
under this licensing they are required to pre-sell a number of units before the
project can begin construction. To date they have received a 20% deposit on 83
out of 143 units that need to be sold to proceed with the bond and construction.
Mr. McLemore stated that the project should be completed by October 2004.
Douglas Goe, Bond Counsel, 222 SW Columbia, Portland, Oregon, stated that the
Federal Tax Code requires that a public hearing be conducted by elected officials
in the jurisdiction of the issuing body whenever bonds are issued on behalf of a
nonprofit corporation, such as the Odd Fellows. Also, the elected body must be
an Associated Member of ABAG – their Finance Authority. The City Attorney
has been presented with an amended resolution that needs a two-thirds vote by the
Council to add as an emergency item this evening. This resolution would authorize
the City to become an ABAG Associate Member. If the Council elects not to be
an Associate Member of ABAG, it is requested that the City Council write a letter
to the County Board of Supervisors acknowledging the City’s public hearing. The
County can then place this item on their December 10, 2002 agenda, which is the
last meeting day of the year for the Board of Supervisors.
Councilmember Waltonsmith asked why the City would want to be an Associate
Member of ABAG.
Mr. McLemore responded that the City would be helping the Odd Fellows. They
are in a critical situation and need to issue the bonds prior to the end of the year.
Mr. Goe stated that there is no financial obligation and no costs associated to the
City of Saratoga to become an Associated member of ABAG.
City Attorney Taylor stated that because this situation came to the City late this
afternoon, he has not had an opportunity to completely review the resolution;
however, upon a quick review he noted there is no financial obligation to the City.
Vice Mayor Baker inquired how the City would self-appoint itself as an Associate
Member of the ABAG of the Finance Authority.
City Attorney Taylor responded that there is an agreement attached to the
resolution and the City would approve the agreement, adding that it would then be
up to ABAG to approve the agreement.
Vice Mayor Baker asked if any contact has been made with the Board of
Supervisors regarding this item.
Mr. McLemore responded yes, they have contacted the Board of Supervisors.
Councilmember Mehaffey asked what duties the City would have once they
became an Associate Member of ABAG.
City Attorney Taylor noted that he is in the process of researching that issue,
adding that the Agreement clearly states the City has no financial obligations with
respect to the bonds issued by the Financing Authority, however, in terms of a
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Councilmember having to be appointed to an Advisory Group, etc., he could not
provide an answer at this time.
Mayor Streit opened the public hearing at 7:35 p.m.
The following person requested to speak on this item:
Jeff Schwartz urged the City Council to support the project if there is no risk or
obligations to the City. Mr. Schwartz stated that he fully supports the project and
noted that the developers have worked with the neighbors throughout the project.
Mayor Streit closed the public hearing at 7:40 p.m.
Vice Mayor Baker stated that the project needs to continue and the City should
support this project and adopt the resolution that allows this bond issuance to
move forward – before the January 1st deadline.
Councilmember Mehaffey asked if Council approved the resolution that was
distributed by Mr. Goe rather than the resolution that was in the Council packet,
would this item have to be designated as an Urgency Item.
City Attorney Taylor noted that Council would have to vote by a four-fifths vote
finding that this came to the attention of the City Council after the posting of the
agenda and there isn’t sufficient time to address this at a later meeting. If Council
can make this determination by a four-fifths vote, they could then take a separate
vote to adopt the ABAG resolution that was provided after the posting of the
agenda.
Dave Anderson, City Manager, added that ABAG is a credible organization and
noted that the only concern would be that the resolution language doesn’t obligate
the City as an underwriter or guarantor.
City Attorney Taylor voiced a concern regarding the wording of the resolution
“the City hereby approves the issuance of the bonds” and asked Mr. Goe if they
meant “approves of the issuance of the bonds” and does the IRS want to know if
the City supports the issuance of the bonds.
Mr. Goe replied under the IRS Tax Regulations they want the City to approve “of”
the issuance of the bonds.
City Attorney Taylor concluded by saying he would like the language worded “the
City hereby approves of the issuance of the bonds”.
Mr. Goe stated he would accept Attorney Taylor’s request to change the wording
to “the City hereby approves of the issuance of the bonds”.
Mayor Streit indicated he felt the Council had sufficient information to make the
findings an Urgency Item and adopt the new resolution, subject to a very quick and
intense review of the newly submitted resolution by the City Attorney and City
Manager and let the Board of Supervisors know later of Council’s decision.
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BAKER/WALTONSMITH MOVED TO CONSIDER APPROVAL OF
THE NEW RESOLUTION SUBMITTED BY THE BOND COUNSEL
AS AN URGENCY ITEM TO BE ON THE AGENDA FOR
CONSIDERATION AND DECISION BY THE CITY COUNCIL
THIS EVENING
Councilmember Bogosian noted he would support adding this Urgency
Item on this evening’s agenda and feels this would be a benefit to the
community, however, he stated he was disappointed in the fact that the
owners of the Odd Fellows facility would pay a lot of money to consultants
to bring this our attention this evening and that they should know what the
deadlines are well in advance.
. MOTION PASSED 5-0-0.
Mayor Streit asked for a motion on the new resolution.
RESOLUTION NO: 02-092
WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION AS
AMENDED TO INSERT THE WORD “OF” REGARDING THE HOLDING
OF A PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE AND
DELIVERY OF INSURED SENIOR LIVING REVENUE BONDS (ODD
FELLOWS HOMES OF CALIFORNIA) 2002 SERIES A; AUTHORIZING
THE APPROVAL OF THE ISSUANCE OF SUCH BONDS BY THE ABAG
FINANCE AUTHORITY FOR NON-PROFIT CORPORATIONS;
APPROVING ASSOCIATE MEMBERSHIPS BY THE CITY OF
SARATOGA AND THE ABAG FINANCE AUTHORITY FOR THE NON-
PROFIT CORPORATIONS; AND THE EXECUTION ON AN ASSOCIATE
MEMBERSHIP AGREEMENT RELATING TO THE ASSOCIATE
MEMBERSHIP OF THE CITY OF THE AUTHORITY SUBJECT TO THE
REVIEW AND APPROVAL OF THE ASSOCIATE MEMBERSHIP
AGREEMENT BY THE CITY MANAGER AND THE CITY ATTORNEY.
MOTION PASSED 5-0-0.
4. APPEAL OF A PLANNING COMMISSION DECISION TO DENY DESIGN
REVIEW APPLICATION DR-01-044 TO CONSTRUCT A TWO-STORY
SINGLE-FAMILY RESIDENCE TO BE LOCATED AT 18360 PURDUE
DRIVE
STAFF RECOMMENDATION:
Open public hearing; close public hearing; take appropriate action.
Christine Oosterhous, Associate Planner, presented staff report.
Associate Planner Oosterhous explained that the subject of the appeal is the
construction of first and second story additions to an existing one-story single
family residence. At a public hearing on October 23, 2002 the Planning
Commission denied their Design Review Application.
Ms. Oosterhous explained that the Planning Commission could not support the
design review application because the project did not meet the City’s design
review findings as sited in the resolution of denial dated November 13, 2002. The
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Planning Commission was concerned about setting a precedent of two-story homes
in a predominately one-story neighborhood, infringing upon privacy of adjacent
one-story residences, and the lack of architectural compatibility of the proposed
residence in style, mass, and bulk within the neighborhood.
Mayor Streit opened the Public Hearing at 7:50 p.m.
Cole Britton, Architect for the Appellant, addressed the Council and explained that
his clients desired a two-story house because of their growing family and the need
to keep their backyard in order to provide a safe play area for their children. Mr.
Britton noted that they have kept the second story height down and that the Azizi
family met with their neighbors to get their approval of the proposed design. He
added only one neighbor, whose property is adjacent to the Azizi property,
opposes the project.
Mayor Streit invited public comment and the following people requested to speak
on this item:
The following people spoke in support of the Appellant:
Mark Pasos
Dan Mercado
Tom Corson
Elizabeth Lyra spoke on behalf of her father, Ollie Lyra
Anjali Kurde
Richard Gurney
Walter Ballard
Councilmember Bogosian asked Mr. Gurney if the Homeowner’s Association has
taken an official stand on the project.
Mr. Gurney responded that he wasn’t aware of any official stand by the
Homeowner’s Association.
The following people spoke in support of the Applicant:
Chris Wiles
Angie Fredrick
Maureen Williams
Dave Johnson
Suyen Park
Amir Fatalia
Georgia Ann Wiles
Architect, Cole Britton, re-addressed the Council and stated the square footage of
this proposed two-story design is the same as what a one-story remodel/addition
would be and that it is only four feet higher at its tallest point than the adjacent
property; adding that the other two-story home on that street is 10 feet higher than
this proposed design. He also stated that the design guidelines state they are not
required to match the existing styles, but be compatible with the neighborhood.
Mr. Britton stated that the people who are the most impacted with this proposed
design fully support the project.
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Mayor Streit closed the Public Hearing at 8:30 p.m.
Councilmember Mehaffey stated that he recently drove around the neighborhood
and noticed that the lots are small and he favors keeping backyards. He also noted
landscaping could mitigate any privacy concerns. Councilmember Mehaffey
stated that the Planning Commission didn’t have a problem with the second story;
their concern was with the bulk and mass of the design. Councilmember Mehaffey
stated he would not consider this a monster home or excessive.
Councilmember Waltonsmith stated that she attended the site visit yesterday,
talked to the applicant, and stated she cannot make the findings to approve the
proposed project. Councilmember Waltonsmith stated that to her it is a two-story
house and CC&R’s should mean something to the Council. Councilmember
Waltonsmith thanked the Azizi family for talking to their neighbors.
Councilmember Bogosian stated that he is able to make the findings for a two-
story structure in this neighborhood and the design has been well planned
regarding compatibility in the neighborhood. He thanked the Azizi’s for working
with the neighborhood regarding the design proposal. He concluded by adding that
additional landscaping be considered for the southwest corner for privacy
screening.
Vice Mayor Baker stated that this is predominately a single story neighborhood
and the design of the proposed house is not compatible with the neighborhood.
Vice Mayor Baker stated that he would not vote to overturn the Planning
Commission’s decision.
Mayor Streit stated that the architect and the property owners went above and
beyond their duty to design a house that would be compatible in the neighborhood
and thanked the Azizi’s for discussing the proposed design with their neighbors.
Mayor Streit stated that he does have some privacy concerns and felt the privacy
concerns in the back could be mitigated with landscaping. Mayor Streit stated that
he could make the findings to approve the project because it is only 20 feet tall and
not 30 feet, which is a typical two-story height.
BOGOSIAN/MEHAFFEY MOVED TO OVERTURN THE PLANNING
COMMISSION’S DECISION AND APPROVE THE PROJECT WITH THE
CONDITION THAT WITH STAFF’S SUPERVISION AND APPROVAL,
ADDITIONAL LANDSCAPE SCREENING BE ADDED TO THE BACK
SOUTHWEST CORNER AND THE SIDES OF THE PROPERTY.
MOTION PASSED 3-2-0 WITH WALTONSMITH AND BAKER OPPOSING.
OLD BUSINESS
5. VALLEY TRANSPORTATION AUTHORITY (VTA) OPERATOR’S
FACILITY AT THE WEST VALLEY COLLEGE TRANSIT CENTER –
COOPERATIVE AGREEMENT
STAFF RECOMMENDATION:
Authorize City Manager to execute contract.
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John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained that in early 2000, the Valley Transportation
Authority (VTA) transmitted improvement plans for the West Valley Transit
Center Project to the City in order to solicit comments on their proposed
improvements. The City’s only comments at that time were in regard to the
removal of the large trees along the knoll above the existing transit center.
A volley of written correspondence ensued between the Community Development
Director and VTA regarding the tree removal issue, with VTA in the end agreeing
to provide additional trees.
Director Cherbone explained that after the completion of the transit improvements
at the College, it was discovered that there were plans to build an Operator’s
Facility (restroom) at the corner of Allendale and the ingress to the Transit Center.
The plans transmitted to the City for review, were absent of any details regarding
the Operator’s Facility or its purpose; nor was the City given the opportunity to
review specific architectural plans for the facility. Concerned nearby residents
asked the City to help facilitate a dialog with VTA and the College regarding the
location of the restroom. Staff arranged a site visit with all parties affected.
Director Cherbone stated that VTA agreed to delay the completion of the restroom
until alternative locations, which were identified at the site visit, were investigated.
Six alternative locations were identified and the VTA and the College identified
two as being viable: 1) in the parking lot below the transit center, and 2) in the
hillside between the bus shelters. The cost estimates developed by the VTA for
these alternative locations ran as high as $600,000.
Director Cherbone explained that at the July 17, 2002 Council meeting staff and
VTA representatives provided a report on the issue. Staff recommended that the
City take over responsibility of the project because of lower overhead in terms of
internal costs. Council approved Evan Baker and Ann Waltonsmith as Council
representatives to an AdHoc Committee consisting of interested Saratoga
residents, VTA representatives and City staff. Council directed staff to explore the
possibilities of a cooperative agreement with the VTA to relocate the restroom. In
September of 2002 the Adhoc Committee met with VTA to discuss the project and
VTA offered $225K towards the relocation effort if the City assumed
responsibility of the project. Staff researched the feasibility of conducting the
project with the funds offered by VTA and determined that the City could
accomplish the task.
Staff recommends moving forward with the redesign of the restrooms for both
locations at the same time and bid the project with both locations to determine
which one can be accomplished at the lower cost. It is staff’s opinion that the re-
location into the lower parking lot is feasible, however, the preferable option of re-
locating the restrooms into the hillside is questionable as to whether or not it can
be accomplished with the funds offered by VTA. If the bid project does come in
within those costs, staff recommends going with the preferable option of re-
location of the restrooms into the hillsides, which is also supported by the
residents.
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Mayor Streit asked Director Cherbone if the City could accomplish one of these
options for less than $225K.
Director Cherbone stated the City could do so.
Councilmember Bogosian asked if the VTA has already set aside the $225K.
Director Cherbone stated that he believes the VTA Board approved the
appropriation of these funds at their last Board meeting.
Mayor Streit invited public comment.
Robert Lee thanked the Council and the Adhoc Committee for their efforts to
address this concern and to reach an amiable agreement to resolve this issue.
No one else requested to speak on this item.
Mayor Streit closed the public comment.
MEHAFFEY/WALTONSMITH MOVED TO AUTHORIZE STAFF AND THE
CITY ATTORNEY TO DEVELOP A COOPERATIVE AGREEMENT
BETWEEN THE CITY AND VTA FOR CONSTRUCTION OF AN
OPERATOR’S FACILITY AT WEST VALLEY COLLEGE NOT TO
EXCEED $225,000. MOTION PASSED 5-0-0.
MEHAFFEY/WALTONSMITH MOVED TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE
VTA FOR THE CONSTRUCTION OF THE OPERATOR’S FACILITY AT
WEST VALLEY COLLEGE. MOTION PASSED 5-0-0.
6. HERITAGE ORCHARD IMPROVEMENTS – PROJECT UPDATE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained that in order to ensure the long-term health and
character of the Heritage Orchard, the City Council approved an Orchard Master
Plan in September of 2001 and subsequently approved funding for its
implementation the following December in the five-year Capital Improvement
Plan (CIP). The Master Plan provides guidelines for renovation of the existing
orchard and for well irrigation improvements. The implementation of the Heritage
Orchard Master Plan in connection of the replanting phase is scheduled to occur in
phases over a number of years.
Director Cherbone explained that Phase I Capital Improvements include:
• Remove existing dead orchard trees
• Plant new orchard trees (665 trees total, 165 trees around the new library)
• Irrigation System
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• Well/Booster Pump
• Electrical Pump
• Orchard Monument Sign
Director Cherbone noted that Council requested an update on the replanting phase
of the project. Staff is looking for direction from Council because of differing
views regarding how and when this work moves forward.
Director Cherbone noted there are four options for implementation of the
replanting phase, including pros and cons based on information obtained from the
City’s orchard consultant and Orchardist, Matt Novakovich.
Director Cherbone briefly explained each option as follows:
1. Replant the entire orchard (including around the library) next fall/winter)
(665 trees)
2. Replant the entire orchard (including around the new library) this winter
(665 trees)
3. Replant around new library and perimeter of orchard (first three rows along
Fruitvale and Saratoga Avenue) this winter (250 trees)
4. Replant around the new library this winter (165 trees)
At a recent Heritage Preservation Commission meeting the Commission
recommended Option 3 as the best course of action for replanting the orchard.
Council inquired about the availability of good rootstock at this time of year.
Director Cherbone stated that based on the last report there were at least 165 trees
available that were of decent quality.
Council discussed the plans for the irrigation system for newly planted trees.
Lowell Cortez, Orchard Consultant, addressed the Council regarding the
installation of the irrigation system prior to planting new trees and noted it would
be more beneficial to install the irrigation system first. He added the irrigation
system would be different than the typical trench irrigation system found in a park
setting. This irrigation system would be above ground in the same rows where the
trees are; thus eliminating trenching in the area of the root zone. The water is
delivered parallel with the trees, which allows farm activity in the space between
the trees.
Council asked Mr. Cortez if he recommended one of the four options over the
other. Mr. Cortez noted the primary issue is the quality of the rootstock and that
they are waiting for lab results on the types of diseases that are prevalent in the
orchard soil. He noted that higher quality rootstock is resistant to certain soil
diseases and the long term success of the orchard will start with the success of the
rootstock. In addition, he noted the City would have to address the issue regarding
the deer going into the orchard and destroying young trees.
Mayor Streit noted the ideal situation would be to continue the soil testing,
determine the rootstock, install the irrigation system, order the 650 trees in April or
May, and then plant the trees next December or January.
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Mr. Cortez agreed with Mr. Streit’s recommendation and added that the deer issue
would have to be addressed as well.
Councilmember Waltonsmith suggested the installation of fencing around the
orchard near the creek area to prevent the deer from entering the orchard from the
creek.
Mayor Streit invited public comment.
The following people requested to speak on this item:
Jack Grantham, representing the Saratoga Library Expansion Committee
(Committee), addressed the Council noting the City promised the community that
trees would be planted around the library for the grand opening ceremony. He
added, the Committee recommends the trees that are included in the library site
boundaries be planted within the library construction time frame and if the trees
are not planted within that time frame, the Council should inform the community
about the reasons for the delay and when the trees will be planted.
Matt Novakovich addressed the Council noting that if the City is considering
replanting the entire orchard at one time, he highly recommends ordering the
rootstock a year in advance in order to have quality rootstock, which will promote
a healthy orchard.
Norm Koepernik, Chair of the Heritage Preservation Commission (HPC), noted
that he supports the recommendations made by the orchard consultant and Mr.
Novakovich; adding landscaping around the library boundaries could be done prior
to the grand opening.
Mayor Streit asked Mr. Koepernik if the HPC would be willing to educate the
public regarding the tree planting process in the orchard.
Mr. Koepernick stated the HPC would definitely do that.
Mike Rouleau addressed the Council noting that if the Council intends to spend a
lot of money on a lot of trees, they should consider installing a deer fence and
plant about 50 trees to see what happens with the trees before they actually plant
665 trees.
Ruth Gipstein addressed the Council in support of replanting trees around the new
library this winter.
No one else requested to speak on this item.
Mayor Streit closed the public comment.
Councilmember Mehaffey inquired about the cost for replanting trees.
Director John Cherbone noted that it is about $50 per tree and added that it was his
understanding that the cost of planting trees around the new library was included
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in the library bond as part of the landscaping plans for the new library.
Council voiced concerns about the cost of replanting the orchard during the
downturn in the economy.
Vice Mayor Baker supported proceeding with the orchard replanting in the right
manner; adding that may mean waiting a year and a half to two years to get the
orchard planted with good rootstock to guarantee a good quality orchard that will
last for a long time.
Councilmember Bogosian voiced concerns about the nebulous cost figures
regarding how much this replanting will cost and noted he would be willing to
discuss Option 4 and to downsize the number of trees. He also would be
supportive of moving forward with the irrigation piping installation round the
library at this time.
Councilmember Waltonsmith supported going with a quality rootstock that can be
found now and replant that around the library; install the irrigation piping; and
order quality rootstock for next year.
Councilmember Mehaffey noted we need to consider the current economic
situation and as a representative of the Saratoga tax payers, feels it is more
important to have an orchard that looks healthy 20 years from now, rather than
spending money on rootstock that may not be the right rootstock for the orchard.
He prefers to go with the long-term view rather than the short-term view and only
plant trees around the library for now.
Mayor Streit stated that he believes the community would want an orchard that
would last 20 or 30 years and supports the long-term view. We should wait and get
the best rootstock available; allow for adequate soil testing; and provide Mr.
Novakovich sufficient time to remove the dead trees currently in the orchard. He
added it will also give staff time to install the entire irrigation system properly
prior to replanting the entire orchard. He concluded by stating that all of us – the
Library Expansion Committee, HPC, and Council should help to educate the
community about the orchard and why it is important to wait, at the very most,
eight months to replant the orchard.
COUNCIL DIRECTION:
Staff should proceed with Option 1) Replant the entire orchard (including around
the library) next fall/winter) (665trees)
Mayor Streit added that the rootstock has to be quality rootstock – not second best.
Mayor Streit declared a 10 minute break at this time stating the meeting would
resume addressing Item 10.
7. SARATOGA LIBRARY PROJECT UPDATE
STAFF RECOMMENDATION:
Accept report and approve add services request in the amount of $4,200.
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Lorie Tinfow, Assistant City Manager, presented the staff report.
Assistant City Manager Tinfow reported the following:
• Construction schedule - Completion date is on schedule for February 28,
2003 and Gilbane continues their review on Thompson Pacific’s request
for delays.
• Gen-Con Inc, Bankruptcy – Staff and Gilbane have submitted an updated
statement of Phase I, including correction or completion tasks and
corresponding costs to the Surety.
Mayor Streit thanked Assistant City Manager Tinfow for her report.
MEHAFFEY/BOGOSIAN MOVED TO ACCEPT REPORT AND APPROVE
ADD SERVICES REQUEST IN THE AMOUNT OF $4,200. MOTION
PASSED 5-0-0.
8. STATUS REPORT ON COUNCIL ADHOC COMMITTEE - CHAMBER
OF COMMERCE SERVICE AGREEMENT/LEASE
STAFF RECOMMENDATION:
Informational only.
Consensus of the City Council to continue this item to December 18, 2002.
9. REVIEW OF LEGISLATIVE CONSULTANT CONTRACT
STAFF RECOMMENDATION:
Informational only.
City Manager Dave Anderson presented the staff report.
Mayor Streit noted that this item was on the agenda for the February 1, 2003
Count retreat.
Council consensus was that Rebecca Elliot, representative from the League of
California Cities, was doing an effective job of representing the City and the City
would consider Gonsalves’ representation if any special legislative processes are
forthcoming. Additional discussion could occur at the February Council retreat.
NEW BUSINESS
10. EL QUITO SCHOOL NTMP
STAFF RECOMMENDATION:
Accept NTMP Plan and adopt resolution.
Lorie Tinfow, Assistant City manager presented staff report.
Assistant City Manger Tinfow stated that the residents on Paseo Lado submitted a
petition to the Public Safety Commission in June 2001 requesting assistance with
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traffic problems on their street. At that time the Neighborhood Traffic
Management Program (NTMP) was not completed and the residents were asked to
wait until the program was finalized. Council approved the NTMP in September
2001.
Assistant City Manger Tinfow stated that Paseo Lado residents complained of high
numbers of vehicles traveling at excessive speeds on their street heading to either
Quito Village or to access Highway 85. They acknowledged that traffic
management efforts on their street alone may create traffic concerns for other
nearby streets. She added Paseo Lado residents have petitions that meet the
50%+1 criteria for their area and due to the delay in responding to their concerns
staff encouraged Paseo Lado to initiate NTMP as a way to start the traffic calming
process. The residents were more than willing to share information and include
neighbors from other streets in the process. Of course those streets were eligible
for NTMP funds only by submitting the required petitions and going through the
prescribed process.
Assistant City Manger Tinfow stated that when the Public Safety Commission
approved Paseo Lado’s participation in NTMP, staff was directed to work with the
traffic engineer to define areas that could potentially be affected by any change on
Paseo Lado. Staff mailed letters to residents and businesses in that area, held a
kickoff meeting on May 14, and noted that the meeting was attended by only 15
residents. Because of the low turnout staff sent out another letter and proceeded to
hold three additional meetings with the residents.
Ms. Tinfow added that NTMP Program funds are budgeted in the Public Safety
Traffic Engineering budget as part of the five-year CIP budget. Each year $50,000
is allocated for traffic calming measures. No funds were used in 2001-02 and
therefore a total of $100,000 is still available. Staff is requesting $36,600, which
includes a 10% contingency.
Councilmember Bogosian raised concerns regarding whether or not the response
time of emergency vehicles, such as ambulances, would be affected by these speed
calming devices.
Ms. Tinfow and Traffic Engineer Rashid stated they would contact the appropriate
agencies and seek their opinion regarding the recommended speed calming
devices.
Councilmember Bogosian stated he would like to see something in writing from
the Fire District outlining their response to this proposal before moving forward.
Mayor Streit invited public comment and the following people requested to speak
in support of the El Quito NTMP plan and the proposed calming devices:
Joe Bravo
Greg Carnes
Barbara Suot
Michael Bustamante
Elizabeth Lara
Terry Ebrois
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Mitch Orisch
Paula McCarthy noted there needs to be another alternative route to reach El Quito
from Highway 85 and does not support this plan.
James Perry noted that McFarland Avenue should also be included in the traffic
calming plan.
No one else requested to speak on this item.
Mayor Streit closed the public comment.
Council unanimously supported the NTMP and recommended adding funds to
include McFarland Avenue in the program. Council inquired about the total cost
for this program.
Ms. Tinfow estimated the total cost for the NTMP traffic calming plan, including
the cost to add McFarland, would be approximately $65K.
Mayor Streit voiced his concern about this amount noting there are other
neighborhoods that have traffic and speeding concerns and recommended that staff
try to complete this project in the low $50K range.
RESOLUTION NO: 02-093
BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION OF THE CITY
COUNCIL AMENDING THE CAPITAL IMPROVEMENT PROGRAM
BUDGET FOR AN APPROPRIATION OF $50,000 FUNDS FOR
IMPLEMENTATION OF THE EL QUITO NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM FOR SPEED LIMIT SIGNS, SPEED
HUMPS, AND MEDIANS; AND TO INCLUDE MCFARLAND AVENUE IN
THIS PLAN. MOTION PASSED 5-0-0.
11. BLUE HILLS SCHOOL TRAFFIC IMPROVEMENT PLAN
STAFF RECOMMENDATION:
Accept Traffic Improvement Plan; adopt resolution to appropriate funds;
Authorize change order authority for Public Works’ contract with Duran Paving in
the amount of $25,000.
Lorie Tinfow, Assistant City Manager, presented the staff report
Assistant City Manger Tinfow stated that in Spring 2002, the City received 13
letters and emails that described traffic concerns and complaints associated with
pick up and drop off of students at Blue Hills School. A group of people began
meeting in the Spring, which included two Councilmembers, the Public Safety
Commission Chair, Sheriff representatives, school officials and City staff. The
group divided potential remedial actions into Phase I, Phase II and Phase III. A
notice was placed in the Blue Hills School newsletter to invite parents and an
email was sent to the original letter/email writers and PTA representatives. A
second Community meeting was held on August 12th and only fifteen people
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attended the meeting. Fehr & Peers presented the traffic improvement plan to the
Public Safety Commission on September 16, 2002. The Commission approved the
plan with minor changes.
Assistant City Manger Tinfow explained the major components of the plan:
• Prohibit parking via sign or red curbs on both DeSanka and Goleta
Avenues to better distribute cars and improve pedestrian safety;
• Install a bike path to connect the Highway 85 over-crossing to Blue Hills
School and facilitate biking to school;
• Provide funds for a school crossing guard at the crosswalk of Knollwood
Avenue near DeSanka Avenue in order to improve pedestrian safety.
Assistant City Manger Tinfow explained that the plan has been circulated via
email to various neighbors. Most were supportive of the plan; however, some are
not. Concerns about moving the problems from one street to another have been
voiced and some neighbors fear that if the changes make the problems worse, they
will have no recourse. Staff has explained that the parking prohibitions could be
undone with Council approval.
Assistant City Manger Tinfow explained that one crossing guard would cost
approximately $3,500 per year.
Mayor Streit invited public comment and the following people requested to speak:
The following speakers expressed concerns about the proposal and felt it needed to
be re-examined:
Paul Haskel.
John Klimack
Marsha Kearns
Karen Serhoff
Jaime Miller
Jeanne Carter
John Barber
Peter Boulton
Tom Soukup
Teresa Lorenzen
Migel Chen
Lori Stafford
Joan Green
Don Sureci
Elaine Claybeaux
Marylin Chow
Greg Burrows
Tom Holden
Reese Williams
Katie Alexander spoke in support of the proposed plan and recommended Council
move forward with it.
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COUNCIL CONSENSUS AND DIRECTION:
• Fund the proposed bike path to connect the Highway 85 over-crossing to
Blue Hills School and facilitate biking to school in the amount of $32,120;
• Provide funds for a school crossing guard for the crosswalk at Knollwood
near Desanka to improve pedestrian safety in the amount of $1,750;
• Install a crosswalk on Goleta Avenue; and
• Hold another public meeting in January to resolve the parking issues.
RESOLUTION NO: 02-094
BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION OF THE CITY
COUNCIL AMENDING THE CAPITAL IMPROVEMENT PROGRAM
BUDGET AND THE 2002-03 BUDGET FOR AN APPROPRIATION OF
FUNDS FOR THE BIKE PATH AND A HALF YEAR CROSSING GUARD.
MOTION PASSED 5-0-0.
BAKER/BOGOSIAN MOVED TO AUTHORIZE CHANGE ORDER
AUTHORITY FOR PUBLIC WORKS’ CONTRACT WITH DURAN
PAVING IN THE AMOUNT OF $25,000. MOTION PASSED 5-0-0.
12. FUTURE OF LIBRARY EXPANSION COMMITTEE AND CITIZEN
OVERSIGHT COMMITTEE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Consensus of the City Council to continue this item to December 18, 2002.
13. SARATOGA LIBRARY PLAQUES AND DONATED PAINTINGS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Lorie Tinfow, Assistant City manager presented staff report.
Assistant City Manger Tinfow stated that many people have been involved in
every aspect of the project from campaigning for the library bond that passed in
March 2000, to working on the design and planning of the building, to fundraising
for furniture and other materials ineligible for purchase with bond funds. Three
plaques have been proposed to thank the various groups.
Assistant City Manger Tinfow explained the following proposed plaques:
Plaque #1 – The Friends of the Saratoga Libraries “Furnishing The Future”
campaign want s to memorialize the names of large donors on a plaque that the
Friends designed and purchased. They expect the plaque to honor at least 24
donors. The size will be approximately 40 inches wide by 36 inches tall with each
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donor honored in a 3 inch by 9 inch individual section.
Plaque #2 – The City may want to honor individual members of the Friends of the
Saratoga Libraries on a second plaque. The names of approximately 21
particularly active members have been recommended. Staff suggests that the same
simple, elegant style of plaque selected by the Friends be used for Plaque #2.
Plaque #3 – A dedication plaque is usually affixed to new public buildings and
could be placed inside or outside the building. Current and past Councilmembers
who have been involved in the library construction would be included.
Donated Art Work – Some time ago, two paintings were commissioned from
artist Marianne Henderson by the Givens Family. Identification plaques will be
hung below the paintings. The plaques will be approximately 10 inches by 8
inches in the same style as Plaque #1.
COUNCIL CONSENSUS:
Consensus of the City Council to approve staff recommendations as presented this
evening.
Mayor Streit thanked Assistant City Manager Tinfow for her report.
14. DESIGN AND ENGINEERING SERVICES FOR THE SARATOGA
AVENUE BIG BASIN WAY INTERSECTION IMPROVEMENT PROJECT
STAFF RECOMMENDATION:
Accept proposal from Fehr & Peers Associates, and authorize City Manager to
amend their existing consultant contract.
Public Works Director John Cherbone presented the staff report.
BOGOSIAN/WALTONSMITH MOVED TO ACCEPT PROPOSAL FROM
FEHR & PEERS AND AUTHORIZE CITY MANAGER TO AMEND
THEIR EXISTING CONTRACT. MOTION PASSED 5-0-0.
15. SANTA CLARA COUNTY CITIES ASSOCIATION - AMENDMENT TO
BYLAWS
STAFF RECOMMENDATION:
Approve proposed amended bylaws.
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer stated that at its November 14, 2002 meeting the Cities
Association Board approved several relatively minor amendments to the Cities
Association Bylaws. These changes must be considered for ratification by the
fifteen member cities. The Board recommends approval.
Councilmember Mehaffey expressed his concern regarding number 3 in the
Finances Section. Rather than requiring two signatures on a check from the
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Secretary, Treasurer, President, and/or Executive Director, it now states the Board
can assign anyone from the Secretary to the President to sign a check with no
fiscal limit and not requiring two signatures. He added that the language indicates
the Board would have the flexibility to change their policy at any time without
having to change the Bylaws.
Councilmember Waltonsmith inquired what would happen if we didn’t approve
this.
Vice Mayor Baker noted that if we don’t vote approval, the Cities Association
Board could get a super majority approval from the 15 cities and ignore our vote.
Councilmember Bogosian recommended researching this issue with the Board and
to bring this item back for a vote on the December 18, 2002 Council meeting.
Consensus of the City Council to address this concern with the Board and bring
this item back for consideration on the December 18, 2002 Council meeting.
AGENCY ASSIGNMENT REPORTS
Councilmember Mehaffey – nothing to report.
Councilmember Waltonsmith – reported:
Northern Central Flood Control Zone – she attended the last meeting and they are in the
process of designing an ordinance where they will be expanding control from 50 feet on
either side to 150 feet. Members agreed that this should be discussed by all the cities.
She asked the Board to contact Saratoga to schedule a presentation at an upcoming City
Council meeting as soon as possible.
Sister City – twenty visitors from Muko Shi Japan will be arriving in February and
suggested the City begin reception plans to welcome the delegation.
Councilmember Bogosian – reported:
Silicon Valley Animal Control JPA – members are committed to keeping the JPA
together and are working out costs for services provided to the communities. There was
discussion about scheduling an emergency meeting of the Board regarding an amendment
to the Byl aws and bringing this to the member agencies for ratification by the end of the
year.
Vice Mayor Baker – reported:
West Valley Sanitation District – he referred to the letter that each Council member
received regarding James Baron’s filing with the Santa Clara County Planning
Commission – The Mountain Winery and their septic system. He urged the Council to
read it and thanked Mr. Baron for his actions. In addition, he urged the Council that was
continuing to serve another term, to be diligent regarding the West Valley College
dumping issue.
Mayor Streit – nothing to report.
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CITY COUNCIL ITEMS
Councilmember Waltonsmith acknowledged outgoing Vice Mayor Baker and
Councilmember Mehaffy for their excellent service on the Council and extended her best
to each of them.
LAFCO has lost some members and the Cities Association will be recruiting for some
volunteers to serve as the Alternate. Councilmember Waltonsmith volunteered her
services as the Alternate representative. [Council supported her decision to volunteer for
this position.]
Jack Mallory is still looking for volunteers to chair the Fourth of July event and/or the
upcoming Saratoga parade.
Councilmember Waltonsmith concluded by noting the annual Tree Lighting was a great
success.
OTHER
None
CITY MANAGER’S REPORT
None
ADJOURNMENT
There being no additional business Mayor Streit adjourned the Regular Meeting at 1:00
a.m. in honor of both Vice Mayor Evan Baker and Councilmember John Mehaffey.
Respectfully submitted,
Ann Sullivan, CMC for Cathleen Boyer, CMC
City Clerk