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HomeMy WebLinkAbout05-01-2002 City Council Minutes MINUTES SARATOGA CITY COUNCIL MAY 1, 2002 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 (1 case): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV- 803540) Conference With Real Property Negotiators (Section 5496.8): Property: 19848 Prospect Road Agency negotiator: Dave Anderson, City Manager Negotiating parties: Grace Methodist Church Under negotiation: Instructions to negotiate regarding price and terms for purchase of real property. Initiation of litigation (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 requested Jonathan Wittwer, City Attorney, to 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 Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FORM MAY 1, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of May 1, 2002 was properly posted on April 26, 2002. Mayor Streit requested that the council add an emergency item to tonight's agenda in regards to AB 3046. BAKER/BOGOSIAN MOVED TO ADD AN EMERGENCY ITEM TO THE AGENDA. MOTION PASSED 5 -0. COMMUNICATIONS FROM COMMISSIONS PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS 1A. RESOLUTION COMMENDING HUGH HEXAMER OUTGOING PUBLIC SAFETY COMMISSIONER STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Mr. Hugh Hexamer. 1B. RESOLUTION COMMENDING KEN BIESTER OUTGOING PUBLIC SAFETY COMMISSIONER STAFF RECOMMENDATION: Present commendation. Mayor Streit read the proclamation and presented it to Mr. Ken Biester. 1C. PROCLAMATION DECLARING THE WEEK OF MAY 5 -11, 2002 "BE KIND TO ANIMALS WEEK STAFF RECOMMENDATION: Read proclamation. City Council Minutes 2 May 1, 2002 Mayor Streit read the proclamation and presented to Debra Briggs, Director /SVACA Councilmember Bogosian stated a few words regarding the new Silicon Valley Animal Control Agency and noted that the City of Saratoga is the lead agency investigating animal cruelty. CONSENT CALENDAR 2A. CITY COUNCIL MINUTES REGULAR MEETING APRIL 3, 2002 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith requested that Item 2A be pulled from the Consent Calendar. Councilmember Waltonsmith requested the following be added to her comment on page 7, first paragraph, "Councilmember Waltonsmith noted that she is apprehensive of approving the alternatives without asking the property owners and suggested that the City keep the lights on during the darkest months of the year." WALTONSMITH/MEHAFFEY MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 3, 2002. MOTION PASSED 5 -0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEY MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5 -0. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES APRIL 24, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH /MEHAFFEY MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5 -0. 2D. RENEWAL OF LAW ENFORCEMENT CONTRACT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF SARATOGA STAFF RECOMMENDATION: Authorize City Manager to execute agreement. Vice Mayor Baker requested that Item 2D be pulled from the Consent Calendar. City Council Minutes 3 May 1, 2002 Vice Mayor Baker asked why the back up data used in the proposed contract was from 1997. City Manager Anderson stated that the data provided gives base year costs for 1997 -2001. Vice Mayor Baker stated without the most current information the Council cannot do a comparison on what the City of Saratoga is paying compared to the other cities. Paula Reeve, Administrative Analyst, responded that the County has asked that the Council move forward with approval so they could get it through their Board by June 2002. Vice Mayor Baker noted he would not support this contract without the most current data. Councilmember Mehaffey concurred with Vice Mayor Baker. BAKER/MEHAFFEY MOVED TO CONTINUE THIS ITEM WHEN CURRENT INFORMATION IS OBTAINED AND WRITE A LETTER OF INTENT TO CONTINUE NEGOTIATIONS AND SERVICE TO THE CITY OF SARATOGA. MOTION PASSES 5 -0. 2E. AUTHORIZATION TO PURCHASE PORTABLE SKATE PARK STAFF RECOMMENDATION: Adopt resolution and authorize purchase. TITLE OF RESOLUTION: 02 -030 RESOLUTION OF THE CITY COUNCIL AUTHORIZING A BUDGET AMENDMENT OF $20,685 TO PURCHASE PORTABLE SKATE PARK EQUIPMENT WALTONSMITH/MEHAFFEY MOVED TO AUTHORIZE PURCHASE OF SKATE PARK. MOTION PASSED 5 -0. 2F. RESOLUTION IN SUPPORT OF AB 954 STAFF RECOMMENDATION: Adopt resolution TITLE OF RESOLUTION: 02 -034 RESOLUTION OF THE CITY COUNCIL WALTONSMITH /MEHAFFEY MOVED TO ADOPT RESOLUTION IN SUPPORT OF AB 954. MOTION PASSED 5 -0. City Council Minutes 4 May 1, 2002 2G. AUTHORIZATION TO JOIN AMICUS BRIEF GARDNER V. COUNTY OF SONOMA STAFF RECOMMENDATION: Authorize the City to join amicus brief. WALTONSMITH /MEHAFFEY MOVED TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF. MOTION PASSED 5 -0. OLD BUSINESS 5. SARATOGA LIBRARY BUDGET UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that due to an error on the agenda her report would be informational only and requested that Council take action at the Adjourned Meeting on May 7, 2002. Assistant City Manager Tinfow reported that Phase II of library construction has been underway since February 11, 2002. In regards to the budget, the project remains at $14,127,934 for all contracts and known costs, and includes the $99,000 for energy alternatives. Assistant City Manager Tinfow noted that construction remains on schedule and should be completed by February 28, 2003. Assistant City Manager Tinfow explained that Sacred Heart School initiated construction of new school facilities in December 2001. In January, their contractor, Blach Construction, contacted the City to discuss the impacts of their construction on the operation of the temporary library. The project includes moving all aboveground utilities into underground conduit. Staff requested a bid from the work from Blach in January; a response was received in April for total cost estimates of $12,500 for trenching and an extra $7,722.68 to Pacific Bell. The total cost would be $20,500.00. Assistant City Manager Tinfow explained a related issue is the change out of existing toilets for more powerful versions at a cost of $1, 750.00, in which Library staff would reimburse the City. Councilmember Bogosian asked when the City signed the lease with Sacred Heart Church did it include a provision for access to utilities. Assistant City Manager Tinfow responded that the lease provided access, but the City is required to pay for all of the connection fees. Councilmember Bogosian asked if the City knew in advance that under grounding was going to be required. City Council Minutes 5 May 1, 2002 Assistant City Manager Tinfow responded that the City was not aware of the under grounding, otherwise the City would have made other choices. Councilmember Mehaffey noted that this is a temporary library and asked if the City could erect a single pole at the nearest access point and remove it when the temporary library is gone. Assistant City Manager Tinfow explained that given where the new building is going to go, there is no direct path for the lines. The Church does not want to even consider any utility poles, even temporarily. In regards to the lease agreement, Assistant City Manager Tinfow explained that she consulted with City Attorney Taylor and he responded that the City may have some standing to argue that the City is not financially responsible for the under grounding. City Attorney Taylor stated that if the City refuses to pay for the work it would slow the Church down and may cause some contentiousness between them and the City. Councilmember Bogosian stated that he does not support spending $20,000 on utility under grounding. Councilmember Bogosian noted that the Church has not provided the City any compelling reasons why we cannot erect a single pole for ten more months. Consensus of the City Council to direct City staff to try and negotiate the price for the utility under grounding. PUBLIC HEARINGS 3. ZONING ORDINANCE AMENDMENT REAR YARD SETBACKS STAFF RECOMMENDATION: Open public hearing; close public hearing; introduce ordinance. Director Sullivan noted that the purpose of considering the adoption of an amendment to the Zoning regulations is to ensure that the practice and the language of the Zoning Ordinance are one in the same. Director Sullivan explained that a Planning Commissioner realized that current Planning Staff was addressing rear yard setbacks in the same fashion as previous staff. The Commission discussed the language of the Ordinance and the practice and directed Staff to advertise a Public hearing to consider amending the Zoning Ordinance to reflect the long held method to determining required rear yard setbacks for multi -story dwellings. City Council Minutes 6 May 1, 2002 Director Sullivan explained that Staff has been told that in the past, the setback requirements and the design guidelines used to reduce or minimize the perception of bulk found in the Residential Design Handbook have been melted into a requirement that the second story be at the Multi -Story setback while allowing the first floor to be at the Single —Story setback. The language of the Zoning Ordinance does not support such interpretation. Director Sullivan stated that this was an example of the "practice" of the Department not matching the provisions of the Zoning Ordinance. Director Sullivan noted that the purpose of considering the adoption of an amendment to the Zoning regulations is to ensure that the practice and the language of the Zoning Ordinance are one in the same. Director Sullivan noted that the Planning Commission held two public hearings on this matter and adopted a resolution to recommend the proposal to the City Council. Mayor Streit opened the public hearing at 7:42 p.m. Mayor Streit Closed the public hearing at 7:43 p.m. WALTONSMITH/MEHAFFEY MOVED TO INTRODUCE ORDINANCE AMENDING REAR YARD SETBACKS AND DIRECT STAFF TO RETURN FOR SECOND READING AND ADOPTION. MOTION PASSED 5 -0. OLD BUSINESS 4. MR. LEE/THE INN AT SARATOGA REQUEST TO EXCHANGE 17 PARKING SPACES WITH THE CITY OF SARATOGA STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reminded Council that they first heard this request on December 1, 2001. At that meeting, Council wanted the business and property owners with Parking District #1 noticed of the matter in order to gain their point of view. The City's Economic Development Coordinator has discussed the matter with the business owners and Planning staff has sent written notice to the property owners. Director Sullivan reminded Council that Mr. Lee approached City staff last year requesting that he and the City trade 17 parking spaces. The parking lot for The Inn is contiguous to the City's parking lot near Saratoga Creek and Wildwood Park. Mr. Lee has indicated that the general public uses his parking because it is closer to Wildwood Park. City Council Minutes 7 May 1, 2002 Director Sullivan explained that the City and Mr. Lee could exchange easements, which would allow each party to obtain more control of how the underlying land is used. To move forward with the trade an appraisal is not required. If the use of the transferred parcel is limited to use for parking, it seems that the values would be comparable. Kwan Lee, Owner /The Inn of Saratoga, noted that he has been the owner for nine years and the parking problems have gotten worse over the last couple of years. Mr. Lee explained that the public parks in his spaces, which inconveniences his guests. Mr. Lee noted that he is proposing this parking lot swap partly because of the coffee shop patrons. Mr. Lee noted that sometimes the coffee shop is opened until 11:00 p.m. Mr. Lee noted the reconfiguration of the parking spaces would also help the future development of the barn that is adjacent to the hotel. Mr. Lee noted that this proposal is good for the public because people could park closer to Wildwood Park. Vice Mayor Baker asked Mr. Lee if he was aware of all of the parking spaces that came with the property when he purchased the property in 1993. Mr. Lee responded yes. Mr. Lee added that during the day he can accommodate other people using his spaces, but the real problem is at night. Councilmember Mehaffey requested the City's Traffic Engineer visit the site and look at the adequacy of the spaces and compare the square footage. Councilmember Mehaffey asked if the City's Economic Development Coordinator met with the operator of the coffee shop. Director Sullivan explained that yesterday Coordinator Surdin waited an hour for the operator of the Blue Rock Shoot, but he never showed up. Consensus of the City Council to investigate the Council's concerns with the usability of the design, easements concerning the barn, and property owners' opinion. 6. DISPOSITION OF EXISTING NON ORCHARD TREES IN THE HERITAGE ORCHARD STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Assistant Planner, presented staff report. City Council Minutes 8 May 1, 2002 Planner Livingstone reminded Council that at the City Council meeting of April 3, 2002 Councilmember Bogosian requested that the City Council reconsider its prior approval of bids to remove or replant non orchard trees from the Heritage Orchard. Planner Livingstone presented a brief background on the issue. Councilmember Waltonsmith stated that the City is saving all of the trees in the creek. Planner Livingstone stated that only the trees that have an orange "X" on them would be removed. Vice Mayor Baker noted that the Council received a letter from the Novakovich family asking why the City was cutting down the trees. Vice Mayor Baker noted that it is his understanding that it is not uncommon to have non orchard trees in an orchard. Councilmember Waltonsmith noted that after the Heritage Preservation Commission voted on the removal of the trees she and City Manger Anderson walked the orchard with Matt Novakovich and it wasn't until after his bid for the tree removal was rejected that he protested about the removal of the trees. In light of the new information Council has received, Councilmember Bogosian explained that raptors use the trees for habitat. Councilmember Bogosian noted that he is not willing to remove any of the trees except for the dead fir trees. Councilmember Bogosian noted that this orchard was never intended to be an economically viable orchard. Councilmember Mehaffey noted he supports keeping the two trees along the creek. Jim Stallman, 19740 Braemar Drive, noted that a red tail hawk usually sits high in the fir trees. Mr. Stallman noted that hawks like dead trees. Jill Hunter, 20606 Lomita Avenue, noted that she has heard from many residents who are upset with the removal of the oak trees in the Heritage Orchard. In regards to the red tail hawk, Ms. Hunter noted that she agrees with the comments made by Mr. Stallman. Ms. Hunter requested that the City Council reconsider their decision to remove the oak trees. In regards to the small oaks along Saratoga Avenue, Ms. Hunter noted that she remembers when residents planted them with the hope of a canopy growing over Saratoga Avenue in a few years. Ms. Hunter noted that her concern is that if the Council allows the oak trees to be cut down it would sent the wrong message to residents. Mayor Streit noted that his concern is the legacy of the orchard. Mayor Streit noted that this Council made a commitment to replant the orchard with the hope of someday turning it into a working orchard with the hope of putting up a barn and starting an educational program. Mayor Streit noted that the oak trees take away from the look of a real orchard. City Council Minutes 9 May 1, 2002 Councilmember Bogosian noted that ultimately the fir trees might have to come down for a barn, but all of the oak trees should stay. Councilmember Mehaffey noted that he could support either alternative. Councilmember Mehaffey noted that he feels that there has not been any compelling reason presented tonight to convince him to support the removal of all the oak trees. Councilmember Mehaffey suggested that this item go back to staff and the Heritage Preservation Committee and come back to council with a solid recommendation. Councilmember Waltonsmith noted that if the oak trees are left in the orchard the surrounding fruit trees would die. Vice Mayor Baker noted that he feels Council had bad information regarding the oak trees. Vice Mayor Baker noted that at one time the Heritage Orchard was a working orchard with the existing oak trees. Vice Mayor Baker stated that he supports keeping all of the oak trees. Councilmember Waltonsmith noted that in keeping the oak trees the City would lose the orchard. Councilmember Mehaffey noted that before he makes a decision regarding the fir trees he would like more information on raptor habitats. Mayor Streit noted that he supports taking out the fir trees and remove all but three of the oak trees as per the request of the Novakovich family. Councilmember Bogosian noted that he originally voted to remove all of the oak trees, but since he received new information regarding the oaks he now supports keeping all of them. Councilmember Bogosian noted that he is not willing to compromise and does not support the removal of the oak trees. Councilmember Bogosian noted that any compromise would be wrong and only done for political reasons. A consensus of the City Council could not be reached. Staff was directed to set up a site visit in the orchard with the City Council, Matt Novakovich, a member from the Heritage Preservation Committee and the Parks and Recreation Commission, an arborist, and an ecologist to provide a report on raptor habitats. Mayor Streit declared a five- minute recess at 9:00 p.m. Mayor Streit reconvened the meeting at 9:05 p.m. Mayor Streit noted that due to illness, Councilmember Mehaffey excused himself from the meeting. City Council Minutes 10 May 1, 2002 7. SINGLE STORY OVERLAY FOR BROOKVIEW AND SARATOGA WOODS NEIGHBORHOODS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted that the Planning Commission's action minutes indicated that staff had been instructed to not only prepare the draft ordinance and advertise for a Public hearing, but to also re -poll the property owners who had not previously responded. For this reason, Councilmember Bogosian and Mayor Streit requested that this item be placed on the agenda for discussion. Director Sullivan noted that the Planning Commission separated the two neighborhoods and will continue with the public hearings separately. Saratoga Woods had the higher number in favor of the single story overlay. Mayor Streit noted that he wants to make sure that all of the property owners understand the proposed ordinance and have the opportunity to participate in the public hearing process. Mayor Streit noted that this ordinance would have a major impact on every household. Vice Mayor Baker noted that 67% total responses were received from both neighborhoods. Vice Mayor Baker noted that to go back and re -poll the property owners that did not vote would be "vote tampering Councilmember Bogosian noted that the Planning Commission should have brought their recommendations back to the Council. Consensus of the City Council to move forward with the public hearing process and direct the Planning Commission not to re -poll anyone. NEW BUSINESS 8. FISCAL YEARS 2002/03 AND 2003/04 DRAFT BUDGET PRESENTATION STAFF RECOMMENDATION: Accept draft budget for Fiscal Years 2002/03 and 2003/04, and begin budget study sessions. Jesse Baloca, Administrative Services Director, presented staff report. City Council Minutes 11 May 1, 2002 Director Baloca stated that the conditions in Saratoga in FY 2001 -02 were effected by the following: Economic slowdown September 11, 2002 Revenues Dedication of large revenues Spending Fund Balance monitoring Director Baloca explained the 2001 -02 Adjusted Beginning Fund Balance: Fund Actual Estimate General 12,074,7987 10,425,256 Special Revenues 4,870,004 3,932,283 Capital 15,997,045 15,012,964 Debt Service 16,283 Trust Agency 340,221 961,222 Totals 33,329,351 30,331,725 Director Baloca explained other impacts: $13 million to CIP Congress Springs Park Improvements Pavement management Program Increased Traffic Patrols Operating Transfers Director Baloca noted that for the Fiscal Year 2002 -03 the Fund Balance /Reserves in the General Fund total $6.729 million. Other fund balances are as follows: Streets and Roads Fund $2,010,000 Development Services Fund $1,088,955 Environmental programs Fund $365,771 Library Expansion Fund 0 Other Funds $2,055,832 Total Reserves Non General Fund $5,520,558 Director Baloca explained that in FY 2002 -03 there would be no increase to staff full -time equivalency (FTE's) with a total of 61.75 employees. Also, Director Baloca explained that there would be two reclassifications Office Specialist to Secretary to City Manager and Recreation Supervisor to Senior Recreation Supervisor. Director Baloca noted that capital equipment has been reduced by 54 Director Baloca noted that for the first time in many years the City has a balanced General Fund. Director Baloca explained that to budget a full year of staff he used a maximum anniversary increase of 8 4% Memorandum of Understanding and 25% increase in PERS medical by contract. City Council Minutes 12 May 1, 2002 Vice Mayor Baker noted that he is not comfortable with the increase in salaries in the various departments; some up to 30% increase. Mayor Streit stated that last year the budget for salaries was lower because a lot of the departments were not fully staffed. Councilmember Bogosian noted that he shares Vice Mayor Baker's concerns; this increase creates the wrong perception. Director Baloca briefly explained significant program changes such as: General Government: City Commission add Arts Commission and increases expenses City Clerk FY 2002 election costs Equipment purchases 70% reduction in capital Financial management GASB 34 continuation Facilities fire alarm system MIS capital reduction and in house web server hosting Public Safety: Request for additional crossing guard at Oak and Highway 9 Public Works: Establish 5 -year CIP and remove all CIP from operating budget Reduce pavement management to one year Development Services: Update of Land Use Element to the General Plan and plan checks conducted in house Recreation: Skate board park temporary staff Eliminate weekend ski trips Director Baloca briefly explained some future items: Cost of animal control facility Vehicle License Fee (VLF) backfill A discussion took place amongst the Council regarding the VLF funds. Director Baloca noted that staff would take Council's comments and revise the budget and return on May 15, 2002 for a second budget workshop and conduct the public hearing on June 5, 2002 for adoption. City Council Minutes 13 May 1, 2002 9. SOUND WALL/ FENCE GUIDELINES REFERRAL TO PLANNING COMMISSION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02 -033 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA INITIATING PROCEEDINGS TO AMEND THE ZONING CODE OF THE CITY OF SARATOGA Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that to ensure that future sound walls mandated by the City Code are also reviewed and conditioned to mitigate visual impacts, Article 15- 29.010 (3) (h) would need to be amended into the General Regulations portion of the Commercial Specific Zoning Ordinance provisions. MOVED TO ADOPT RESOLUTION INITIATING THE PROCEEDINGS TO AMEND THE ZONING ORDINANCE. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 10. PROPOSAL FOR IMPLEMENTATION OF A CHEMICAL MARKER SYSTEM TO TRACE SOURCES OF STORM DRAIN POLLUTANTS STAFF RECOMMENDATION: Approve proposal and authorize execution of contract. John Cherbone, Public Works Director, presented staff report. Director Cherbone reported that as part of the continuous effort of the City to keep local creeks clean, City staff periodically collects samples from storm drains and creek. Test results collected along Saratoga Sunnyvale Road revealed high level of bacteria. The type of bacteria indicates the highest possible source of contamination is the sanitary sewer system. One or several flow paths may exist between the tow systems causing storm water and ultimately creek water pollution. Director Cherbone explained that to identify whether a direct flow path exists from sanitary sewer to storm drains, a chemical marker method would be utilized. Director Cherbone noted that staff prepared a Request for Proposals to provide professional services for implementation of a chemical marker system. This request was distributed to 27 environmental engineering companies. Only two responded. After careful consideration and comparison of submitted statements of qualifications Bioanalytical Laboratory Inc. has been selected as the most suitable consultant. City Council Minutes 14 May 1, 2002 Councilmember Bogosain noted that this effort is not part of the Saratoga Creek Settlement Agreement; the City is doing this on a volunteer basis. Vice Mayor Baker asked if Bioanalytical Laboratory has any success factor with any customer. Director Cherbone responded no they have no success factor with any one. Vice Mayor Baker suggested that staff contact the owner and try and negotiate the price down to help them collect the data they need to market their product. BAKER/WALTONSMITH MOVED TO APPROVE THE PROPOSAL AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BIOANALYTICAL LABORATORIES INC. MOTION PASSED 4 -0- 0-1 WITH MEHAFFEY ABSENT. URGENCY ITEM 11. AB 3046 Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that the League of California Cities have requested support opposing this bill. City Manager Anderson explained that this bill would delete the provision of the education code in regards to those facilities that can be declared noneducational facilities and substitute wording expanding educational facilities. BAKER/BOGOSIAN MOVED TO AUTHORIZE THE MAYOR TO SEND A LETTER OPPOSING AB 3046. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Bogosian reported the following information: Silicon Valley Animal Control JPA Approximately $520,000 is the City of Saratoga portion. Looking at options on how is the City of Saratoga going to pay our share by July 2003. Vice Mayor Baker reported the following information: West Valley Solid Waste JPA In regards to recycling household batteries Green Valley insists that the start up fee of $20,000 was not included in the proposal. CITY COUNCIL ITEMS Councilmember Bogosian requested that the Chamber of Commerce agreement negotiations be agendized for further direction to Council Sub Committee. Vice Mayor baker noted that he supports Councilmember Bogosian's request. City Council Minutes 15 May 1, 2002 Councilmember Waltonsmith asked about the ball machine that was stolen from Congress Springs Park. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 10:35 p.m. Respectfully submitted, Ga leen Bo er, CMC 77A, mikhk Y City Clerk City Council Minutes 16 May 1, 2002