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HomeMy WebLinkAbout09-06-2000 City Council MinutesMINUTES SARATOGA CITY COUNCIL SEPTEMBER 6, 2000 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. Conference with Labor Negotiator (Gov't Code 54957.6) City Negotiator: Richard Taylor, City Attorney Unrepresented Employee: City Manager Conference with Legal Counsel -Existing Litigation Pursuant to Gov't. Code Sec. 54956.9(a): 1 Case City of Saratoga v. Allen, Santa Clara County Superior Court No. Doc.00-392788 Conference with Legal Counsel -Initiation of Litigation Pursuant to Gov't Code Sec. 54596.9(c): 1 Case Liability Claims Claimant: Ron Luketich -Claim #95110020 & 96110014 Agency Claimed Against: City of Saratoga (Gov't Code Sec. 54956.95) Conference with Legal Counsel -Existing Litigation Pursuant to Gov't Code Sec. 54956.9(a): 1 Case City of Saratoga v. West Valley College, Santa Clara County Superior Court No. Doc. CIV756340 Mayor's Report on Closed Session - 7:05 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the regular City Council meeting to order at 7:06 p.m. and requested Mary Jo Walker, Director of Administrative Services, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Stan Bogosian. ABSENT: None • ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk City Council Minutes September 6, 2000 • Mary Jo Walker, Dir. of Administrative Services John Cherbone, Dir. of Public Works Paula Reeve, Senior Administrative Analyst James Walgren, Dir. of Community Development REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 6, 2000. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 6, 2000 was properly posted on September 1, 2000. Mayor Bogosian requested a moment of silence in memory of Eleanor Patrick and Nicola Rooke. On behalf of the City Council, Mayor Bogosian extended the Council's deepest condolences to each of those families. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None . WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS -COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS - 7:20 P.M. lA. PROCLAMATION - DECLARING SEPTEMBER 18-22, 2000 "LAWSUIT AWARENESS WEEK." STAFF RECOMMENDATION: Read proclamation. Mayor Bogosian read the proclamation. 1B. APPROVE RESOLUTION SUPPORTING THE PRESERVATION OF THE HERITAGE ORCHARD IN PERPETUITY. STAFF RECOMMENDATION: That Council approve resolution. TITLE OF RESOLUTION: 00-046 2 City Council Minutes September 6, 2000 i RESOLUTION OF THE CITY COUNCIL RECOGNIZING THE HERITAGE ORCHARD. James Walgren, Director of Community Development, presented staff report. He indicated that it was under the Mayor's direction that this item was placed on the agenda. He explained that the resolution was written to reaffirm the City's commitment to preserve and maintain the Heritage Orchard. BAKER/STREIT MOVED TO ADOPT RESOLUTION 00-046. MOTION PASSED 5-0. Mayor Bogosian noted this was the first step to develop and maintain the Heritage Orchard as a valuable asset for the City of Saratoga. *Mayor Bogosian pointed out that there were a lot of families in the audience tonight for item #5- Congress Springs Park and asked the Council if they would be in favor of moving that item to 7:30 p.m. Consensus of the Council to move item #5 to 7:30 p.m. CONSENT CALENDAR • 2A. APPROVAL OF COUNCIL MINUTES -REGULAR MEETING OF AUGUST 2, 2000 & CLOSED SESSION OF AUGUST 14, 2000. STAFF RECOMMENDATION That Council approve minutes of Regular Meeting -August 2, 2000 and Closed Session- August 14, 2000 as submitted. Mayor Bogosian pulled the minutes of Regular Meeting - August 2, 2000 from the Consent Calendar. Mayor Bogosian requested on page 11, 1St paragraph, the following be added: "He also noted that the City would be paid back if the business leaves before the $20,000 is recovered in sales tax revenue." Mayor Bogosian requested on page 13, 1St paragraph, should read as follows: "Mayor Bogosian explained when the lease agreement was first proposed he felt it was a good idea if it contained two key elements; free access to the Hakone Gardens for Citizens of Saratoga, and uses are compatible with the surrounding neighborhood." Mayor Bogosian requested on page 13, 8th paragraph, should read as follows: "He would like to take more time to negotiate the terms and get everyone interested involved in the process." Councilmember Baker requested that the minutes of August 2, 2000 be sent back for City Council Minutes September 6, 2000 a review and corrections. He indicated that special emphasis should be paid to the item concerning the Hakone Gardens proposal. Consensus of the Council to direct the City Clerk to amend the minutes of August 2, 2000. MEHAFFEY/WALTONSMITH MOVED TO ADOPT MINUTES OF CLOSED SESSION-AUGUST 14, 2000. MOTION PASSED 4-0 WITH STREIT ABSTAINING. 2B. APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: That Council approve check register as submitted. STREIT/WALTONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C. APPROVAL OF JULY TREASURER'S REPORT. STAFF RECOMMENDATION: That Council approve report. STREIT/WALTONSMITH MOVED TO APPROVE JULY TREASURER'S . REPORT. MOTION PASSED 5-0 2D. APPROVAL OF FINAL MAP-14645 BIG BASIN WAY STAFF RECOMMENDATION: That Council approve resolution. TITLE OF RESOLUTION: SD-98-002 RESOLUTION OF THE CITY OF SARATOGA APPROVING THE FINAL MAP OF THE PROPERTY LOCATED AT 14645 BIG BASIN ROAD. Mayor Bogosian pulled item 2D from the Consent Calendar. Mayor Bogosian questioned whether or not there were any Measure G implications on this project. Director Walgren reassured the Mayor that this project was already in progress before any discussion of Measure G started. He also explained that there also was no request for a General Plan redesignation because the property was currently zoned "commercial." Councilmember Mehaffey questioned if there were any moratorium issues in this project. • Director Walgren explained that this project went through the design review and use permit process prior to any moratorium discussions. In fact, he noted, this project including the 4 City Council Minutes September 6, 2000 Azule Project, was probably the cause of the moratorium discussions. BOGOSIAN/MEHAFFEY MOVED TO APPROVE RESOLUTION SD-98-002. MOTION PASSED 5-0. 2E. APPROVAL OF PLANNING COMMISSION ACTION MINUTES OF AUGUST 9, 2000. STAFF RECOMMENDATION: That Council note action minutes. STREIT/WALTONSMITH MOVED TO NOTE & FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0 2F. AUTHORIZATION TO CITY MANAGER TO EXECUTE FIRST AMENDMENT - 1996 MEASURE B PAVEMENT MANAGEMENT COOPERATIVE AGREEMENT. STAFF RECOMMENDATION: That Council authorizes to execute cooperative agreement. Councilmember Baker pulled item 2F from the Consent Calendar. • Councilmember Baker indicated that in the original cooperative agreement $628,754 was allocated to the City of Saratoga, and now in the amendment, it calls for $505,410 of the funds to be made available for street maintenance. Councilmember Baker questioned where the other $123,000 went, and what it is allocated for. Director Cherbone explained that there were two different funding sources totaling $1,7629,17.00: 1. Measure B - $628,754 (two allocations of this amount) 2. TEA-21 - $505,410 BAKER/MEHAFFEY MOVED TO AUTHORIZE COOPERATIVE AGREEMENT FOR PAVEMENT MANAGEMENT. MOTION PASSED 5-0. 6. APPROVE APPLICATION TO THE STATE OF CALIFORNIA FOR DESIGNATING THE HERITAGE ORCHARD AS A "POINT OF INTEREST." STAFF RECOMMENDATION: That Council approve application. . Director Walgren presented staff report. Director Walgren informed the Council that this application was recommended and 5 City Council Minutes September 6, 2000 generated by the Heritage Preservation Commission. If the Council endorsed the application it would put the Heritage Orchard in the California's "Point of Interest" book. Director Walgren indicated that the State would give the City a sign, recognizing its designation, which could be placed in the library. Councilmember Streit inquired about the status from the last discussion on sights in Saratoga being designated as "Point of Interest", whether or not Villa Montalvo and Hakone Gardens could also be considered. Director Walgren replied that he would get back to Councilmember Streit at a later time with that information. WALTONSMITH/MEHAFFEY AUTHORIZE THE MAYOR TO FILE THE APPLICATION. MOTION PASSED 5-0. Mayor Bogosian announced that it was time to hear the staff report on item #5. PRESENTATION BY JOHN CHERBONE -CONGRESS SPRINGS PARK. STAFF RECOMMENDATION: Informational only. Mayor Bogosian announced that since this item was noticed as informational only, no action would be taken tonight. Procedurally, a presentation will be given on the process that has taken place and the recommendation from the Parks and Recreation Commission. He indicated that public testimony would be heard afterwards. Director Cherbone presented staff report. He summarized the project's background noting that Congress Springs Park was a priority by the City for improvements, using $1.2 million dollars of Park Development Funds. The goal was to improve safety and increase the number of playfields. The park's main function is to serve organized sports, primarily baseball and soccer. He explained that there are three main user groups that utilize Congress Springs Park: Saratoga Little League, A.Y.S.O., Pony League, and C.Y.S.A. The current layout of the playfields don't fully utilize the current space. Director Cherbone indicated that in December 1999, City Staff, A.Y.S.O., Saratoga Little League, and representatives from the City Council and the Parks and Recreation Commission convened the first Congress Springs Task Force Committee meeting to discuss the proposed improvements to Congress Springs Park. Director Cherbone reported that the Task Force has met seven (7) times since that first meeting in December 1999, and held three (3) public meetings. Director Cherbone concluded that the Task Force bring Plan 3B to the Council for their 6 City Council Minutes September 6, 2000 approval. He noted that the Task Force members agree that Plan 3B is the best plan for organized sport use of Congress Springs Park. Director Cherbone explained the benefits and shortcomings of Plan 3B as follows: Benefits 1. Increase in safety. 2. Increase in Little League fields by 3 to 8. 3. Increased A.Y.S.O. soccer fields by 3 to 8. 4. New infrastructure (pathways, landscaping, picnic amenities, etc.) Shortcomings 1. Loss of Pony Field. 2. Loss of tennis courts. 3. Loss of basketball court. Director Cherbone noted that the biggest negative of Plan 3B was the loss of the Pony Field. Although it is the biggest liability at Congress Springs Park because of Highway 85. Recently, City Staff has met with the principal at Saratoga High School and members of West Valley College, regarding the possibility of relocating the Pony league to one of those two venues. Director Cherbone introduced Steve Kikuchi, Landscape Architect/Greg G. Ing & Associates, to walk the Council through the design process and explain why Plan 3B is • the best design. Mr. Kikuchi thanked the Council for giving him and his company the opportunity to work with the City of Saratoga. He noted that when he was first asked to propose on this park the main goal was to maximize the use of the playfields for baseball and soccer. Mr. Kikuchi went on to summarize the four (4) preliminary designs. In summary he explained that Plan 3B was the best design for Congress Springs Park for the primary user groups. He explained to the Council that not only will the space be fully utilized but also the park will have more of a park-like setting instead of a looking like a sports complex. Since the loss of the Pony Field a lot of additional amenities have been added such as: additional trees along Glen Brae Drive, new lawn, a plaza area, picnic area, additional storage, batting cages, portable restrooms, and a jogging pathway around the perimeter of the park. Mayor Bogosian requested that Judy Alberts, Chair/Parks & Recreation Commission, give her feedback on the process and why the Recreation Commission supports Plan 3B. Commissioner Alberts reported that the process of Congress Springs Park renovation has been going on for many months. The focus was to fully utilize the existing space to better serve the two primary user groups. The Parks & Recreation Commission fully • support Plan 3B with only one contingency, that the tennis courts be relocated. She explained that the Parks & Recreation Commission met with the Task Force, the Task Force met with the user groups, held public meetings including the user groups and the 7 City Council Minutes September 6, 2000 • neighborhood surrounding the park. Mayor Bogosian questioned the participation of the neighborhood. Commissioner Alberts indicated that although the neighborhood was noticed on all the hearings and public input meetings, not very many people showed much concern. She mentioned that the only issues that were brought up were; would the neighborhood have an increase in traffic, and would they have more parking problems. Fortunately, she noted, this type of activity already utilizes Congress Springs so there wasn't a lot of public outcry over the renovation. Mayor Bogosian expressed concern over the parking issue. He questioned that if on a given day if the parking were maxed out, would there be adequate off-street parking without overflow into the neighborhood. Director Cherbone explained he had the City's Traffic Engineer take a look at the possibility that if every field were used at once would there be parking shortages. After his study the Traffic Engineer found that there would be no problems with parking. Director Cherbone noted that if needed in the future or if the city finds there is a problem with parking, the overflow of cars could be expanded under the power lines. . Councilmember Streit noted that the residents surrounding Congress Springs Park did request that the City clean up shrubbery under the power lines, which would help increase the space for overflow parking. He also explained that in Plan 3B, except for the three (3) permanent Little League fields closest to Glen Brae Drive, the back half of the park is all portable. This allows flexibility if the user group needs change. In the future the park can be redrawn to accommodate those changes. At this time Mayor Bogosian invited any public testimony. The following people spoke on this matter: Debbie Lillo, 12054 Kristy Lane, noted that all three (3) of her children have played for A.Y.S.O. and currently play for C.Y.S.A. She urged the Council to approve Plan 3B, but not to forget about the 600+ kids that play for C.Y.S.A. This group currently has no game fields and two (2) low quality practice fields. Laura Watkins, 18700 Montewood Drive, noted that she has three (3) children that play for C.Y.S.A.. She urged the Council to approve Plan 3B, but hopes the City will continue to search for a home for the 600+ children who play for C.Y.S.A. Mitch Cutler, 20379 Highway 9, noted that he had two (2) children that play for C.Y.S.A. He supports Plan 3B, but hopes the City will consider the needs of C.Y.S.A. • and find them a home. 8 City Council Minutes September 6, 2000 Stuart Wheelwright, 13119 Glen Brae Drive, noted that safety was his primary concern in regards to the renovation of Congress Springs Park. He noted that with the removal of the basketball courts and the increase of soccer fields, he believes that the use of the park will increase dramatically. He feels that the parking is currently insufficient and after the renovation it will be worse. He urged the Council to approve Plan 3B with the contingency that off street parking is increased. Keith Simon/President Saratoga Little League, 20450 Montalvo Lane, explained that Congress Springs Park is currently utilized Monday thru Friday and all day Saturday. The fields are unsafe and there isn't enough space for all the user groups. He supports Plan 3B and urged the Council to approve it. He also hopes the Council will help find a playfield for the Pony League. Matt Durket/Pony League Director, 13010 Ten Oaks Way, urged the Council not to go forward with Plan 3B until a playfield is secured for the Pony League. Roasanne Spencer, 20889 Michaels Drive, expressed concerns with the chance that West Valley College or Saratoga High School doesn't commit to provide a home for the Pony League. She urged the Council to reconsider the development of the park. Gordon Spencer, 20889 Michaels Drive, thanked the Council and the Task Force for all the work that has been done to renovate Congress Springs Parks. He expressed his dissatisfaction on how the residents around El Quito Park were able to dictate what uses take place on City owned property. He feels that since it is a City park, everyone should be able to use it. Kathy McGoldrick, 12860 Paseo Presada, expressed her opposition on moving the Pony League to El Quito Park. Peter Rutti, 20097 Mendelsohn Lane, supports Plan 3B but concerned with the elimination of the Pony League from Congress Springs Park. Bill Rothenberg, 19337 Athos Place, noted that he has four (4) children involved in soccer and baseball. He fully supports the renovation of Congress Springs Park and urged the Council to find a home for the Pony League. Jake McCready, 13840 Saratoga Avenue, noted that he has four (4) children involved in A.Y.S.O. He supports the renovation and urged the Council to find the Pony League a home. Peter Thomas/Landscape Architect, 20238 Pierce Road, talked about the encroachment of the infield onto the soccer field. Mark Linsky/ A.Y.S.O. Regional Commissioner, 14240 Barksdale Court, supports Plan 3B. In regards to the removal of the Pony League fields in the plan, he explained that it was the best decision to get the best utilization of the existing space. 9 City Council Minutes September 6, 2000 Mehdi Siadat, 14771 Montalvo Road, noted that he is a 20-year resident and soccer coach in Saratoga. He supports the renovation of Congress Springs Park. David Mighdoll, 13664 Ronnie Way, applauded the Council, Staff and Task Force Member's effort in the renovation process for Congress Springs Park. He expressed his concern that all the user groups were not addressed. He also urged the Council to look into the parking situation before any final decisions were made on the design. Tony Marsh, 13676 Ronnie Way, noted that he has been a resident in Saratoga for 21 years. Also, he has children that have played A.Y.S.O., C.Y.S.A., and Little League. He expressed his support to the Council to move forward and renovate Congress Springs Park. Juliana Lustenader, 21355 Saratoga Hills Road, asked the Council to add more soccer fields. She also urged the Council to keep the snack shack and playground. Peter Fletcher, 20099 Chateau Drive, noted that he is a 16-year resident and has been involved in all the groups mentioned tonight. He supports the renovation to Congress Springs Park. He feels that the community at large doesn't support youth sports, and disagrees with the neighborhood parks being designated as "untouchable." Dave Bayly, 19489 Brockton Lane, noted that he supports the project but urges the Council to find a home for the Pony League. Lorraine Siadat/C.Y.S.A. Board Member, 14771 Montalvo Road, supports Plan 3B but would like Council to find a home for C.Y.S.A. in Saratoga. No other people spoke on this item. Councilmember Streit noted that the construction on Congress Springs Park is not scheduled to begin until after the Little League Season is over in June 2001. He question that if Plan 3B was approved tonight and the construction drawings were started, at what point could the pony field be added/deleted if West Valley College or Saratoga High School doesn't make a commitment to provide a playfield for Pony League, and still meet the construction deadlines. Mr. Kikuchi responded to Councilmember Streit indicating that the deadline to make any changes would be in the middle of November. Councilmember Streit asked what the effect would be on Plan 3B if the pony field was put back into the plan. Mr. Kikuchi explained that the side fences would have to be built higher, and also to meet regulation standards in field size, the existing parking would have to be encroached • upon. Councilmember Baker doesn't support having a pony field at Congress Springs Park. 10 City Council Minutes September 6, 2000 i He feels that the City should not take the chance of a ball being hit over the fence onto Highway 85, increasing the possibility of an accident or a death. Councilmember Mehaffey expressed concern over the loss of trees when the construction starts. Mr. Kikuchi reassured Councilmember Mehaffey that although during the construction period some trees would be lost, the new design calls for the planting of several new clusters of trees throughout the park and along Glen Brae Drive. Mayor Bogosian asked the status on relocating C.Y.S.A. and the Pony League. Director Cherbone responded that unfortunately there aren't a lot of options in Saratoga for C.Y.S.A. Fortunately, for the Pony League, West Valley College & Saratoga High School both look promising. Mayor Bogosian asked to hear from the Council their willingness or unwillingness to move forward and give direction to staff to continue with plan 3B. Councilmember Waltonsmith supports Plan 3B but agrees with the fact that the City needs to find the Pony League a playfield. She was also concerned about the loss of the tennis courts. She also requested staff to look into a more managed parking program at Congress Springs Park. Councilmember Mehaffey understands the needs of the Pony League and agrees that they need a playfield, but unfortunately, Congress Springs Park is not the place. He also supports the need to find C.Y.S.A. a home playfield. He wants to move forward with Plan 3B. Councilmember Baker supports Plan 3B and concurs with Councilmember Mehaffey that the Pony League should be located elsewhere. He doesn't feel Congress Spring Park provides the kind of safety factor that he would feel comfortable with for a regulation size field. He indicated that the School Districts are going to have to provide their facilities for these other user groups. Councilmember Streit explained that he was a member of the Task Force and fully supports Plan 3B. He agrees that there are needs in the City of Saratoga for more playfields to accommodate C.Y.S.A. and the Pony League. He also mentioned that a traffic study should be conducted. Mayor Bogosian thanked the Task Force, City Staff, and the Parks & Recreation Commission for their efforts. He directed staff to find a location for C.Y.S.A. and also continue the efforts to find the Pony League a site. He explained that he believes the Council has done a tremendous job in leadership balancing the needs of the user groups and the concerns of the neighborhoods that surround the City's local parks. He noted • that he fully supports Plan 3B. 11 City Council Minutes September 6, 2000 . *9:05 p.m. Mayor Bogosian declared a five (5) minute recess. He announced there were three (3) individuals that would like to speak under Oral Communications and asked for a consensus of Council to reopen Oral Communications after the break. Consensus of the Council to reopen Oral Communications. Mayor Bogosian reconvened the meeting at 9:13 p.m. and reopened Oral Communications. The following people spoke: Gloria Vandermate, 20122 Chateau Drive, inquired about the status of the septic ordinance. She explained that she has lived in her house for 30 years and has never had any problems with her septic tank. She feels the City is forcing residents to hook up to the sewer system. She also requested the ordinance and inspection requirements be sent to her. Dave Anderson, City Manager, indicated that a status report on the septic abatement program would be on the September 20, City Council agenda. Lou Thorpe, 19550 Farwell Avenue, expressed his concerns regarding the Saratoga Creek Settlement. He asked if anywhere in that settlement agreement was the elimination of septic tanks required. Also, he noted that he has lived in his house for 33 years and has never had any problems with his septic tank. Gloria Watson, 19670 Farwell Avenue, explained that she hasn't been given adequate notice and information regarding the whole process of the septic ordinance. She noted that there are a lot of senior citizens on fixed incomes that can't afford to hook up to the sewer lines. PUBLIC HEARINGS ADOPT ORDINANCE UPDATING ARTICLE 2.45 OF THE SARATOGA MUNICIPAL CODE PURSUANT TO CHANGES TO THE PURCHASING POLICY AND PROCEDURE. STAFF RECOMMENDATION: That Council open a public hearing; accept testimony; waive the first reading of ordinance; close public hearing. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker indicated that Council approved the changes to the purchasing process at the June 21St City Council meeting and was directed to come back with the modifications to the municipal code. She noted if approved tonight, the ordinance would come back to the Council at the next meeting to be adopted. Mayor Bogosian opened the public hearing at 9:27 p.m. and invited any public input. Seeing none, Mayor Bogosian closed public hearing at 9:28 p.m. 12 City Council Minutes September 6, 2000 BAKER/STREIT MOVED TO ADOPT ORDINANCE UPDATING ARTICLE 2.45 OF THE CITY'S MUNICIPAL CODE. MOTION PASSED 5-0. OLD BUSINESS None NEW BUSINESS 4. APPOINT ONE MEMBER OF THE CITY COUNCIL TO SERVE ON THE ANIMAL CONTROL JPA BOARD. STAFF RECOMMENDATION: That Council appoint one member to the JPA Board. Paula Reeve, Senior Administrative Analyst, presented staff report. Ms. Reeve explained that in June Saratoga and six other Santa Clara County cities signed a Joint Powers Agreement creating the Silicon Valley Animal Control Authority. The JPA will own and operate facilities, and manage resources to provide animal control services. The Authority will be administered by a Board consisting of seven (7) Directors as follows: two (2) Directors appointed by Legislative Body of City of Santa Clara; 2 (two) appointed by the Legislative Body of the City of Sunnyvale, and three (3) Directors collectively appointed by the Legislative Bodies of the Cities of Saratoga, Monte Sereno, Campbell, Cupertino, and the Town of Los Gatos. Campbell's City Manager, Bernie Strojny, is taking the lead to develop a supplementary agreement to provide a fair process to rotate the three Directors positions among the five West Valley Cities. Ms. Reeve noted that the City of Saratoga played a key role assisting the task force to develop the JPA, and has been involved in preliminary negotiations to acquire the existing Humane Society facility in the City of Santa Clara. Ms. Reeve recommended that due to the City's active role in these proceedings, the Council should take advantage of this opportunity to select one member and one alternate to serve on the initial Silicon Valley Animal Control Authority Board of Directors. Mayor Bogosian volunteered to be one (1) of the two (2) Directors on the JPA Board of Directors representing the West Valley Cities. Councilmember Baker agreed to be the alternate. STREITBAKER MOVE TO APPOINT MAYOR BOGOSIAN AS THE MEMBER TO THE SILICON VALLEY ANIMAL CONTROL AUTHORITY AND COUNCILMEMBER BAKER AS THE ALTERNATE. MOTION PASSED 5-0. 13 City Council Minutes September 6, 2000 Councilmember Mehaffey asked that staff inform the JPA that the City of Saratoga should hold one of the first three seats. Mayor Bogosian thanked Paula Reeve for her hard work on helping develop the JPA for animal control services. 7. CONSIDERATION OF LIMITING CONSTRUCTION HOURS. STAFF RECOMMENDATION: That Council accept report and direct staff accordingly. James Walgren, Director of Community Development, presented staff report. Director Walgren indicated that this report was in response to a letter that the City Council received on August 2, 2000 from Clare McBride who lives on Oak Street. He noted that Ms. McBride is requesting that the City change the Noise Ordinance, prohibiting all construction on weekends. Director Walgren explained that currently the City's Noise Ordinance limits "commercial" construction, Monday thru Friday, 7:30 a.m.- 6:00 p.m. and also includes large-scale developments (four (4) or more units). The City allows residential construction on the weekends, 7:30 a.m.- 6:00 p.m. Director Walgren indicated that noise activity is extremely hard to regulate and track. He reported that in response to Ms. McBride's letter, staff recommended that a better effort be made to inform residents that there are construction hour limits, and then continue to enforce the current codes. Mayor Bogosian noted that he was responsible for placing this issue on the agenda, and he has heard from other residents complaining about noise due to construction. He asked the Council if they would be in favor of creating a new ordinance placing a weekend curfew on residential construction. Councilmember Baker noted he wasn't in favor of creating a new ordinance restricting individual efforts to make home improvements. Councilmember Streit concurs with Baker that there is no need for another ordinance. He suggested putting an announcement in the quarterly newsletter summarizing the noise ordinance regarding construction. Councilmember Mehaffey noted that he would support a construction restriction on Sunday. Councilmember Waltonsmith noted that she would support limiting the hours of construction weekends. 14 City Council Minutes September 6, 2000 Mayor Bogosian expressed the need to explore other alternatives of relief from construction noise. Director Walgren suggested the following: 1. Prohibiting construction activity on Sundays except for work that doesn't require a permit. 2. Limit Sunday hours either 8-Sp.m. or 9-Sp.m. 3. Define what a "major project" is. Mayor Bogosian directed staff to bring back to Council recommendations on amending the noise ordinance and notice it as public hearing. RESOLUTION TO AMEND MEMORANDUM OF UNDERSTANDING (MOU) FOR WAGES, EMPLOYEE BENEFITS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF SARATOGA AND THE SARATOGA EMPLOYEES ASSOCIATION DATED JULY 1, 1999. STAFF RECOMMENDATION That Council approve resolution. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker noted that on August 2, 2000 the City Council approved an amendment to the MOU for several positions in the Community Development Department. Director Walker explained, that in a recent salary survey for the position of Assistant Engineer, the City of Saratoga is very low compared to surrounding cities. She feels in order to fill that vacancy the whole Engineering series should be increased. This would include an increase in salary ranges for the following positions: Associate Engineer, Plan Check Engineer, and Assistant Engineer. Councilmember Waltonsmith questioned why we weren't looking at the entire City rather that rather than picking out certain positions. Director Walker responded that staff is looking at doing a citywide salary survey in the early Spring in preparation for the SEA negotiations in June 2001. She indicated that staff is prepared to do the survey sooner if Council so desires. Director Walker indicated that the salary survey would take approximately 2-3 months to complete. Staff would first make recommendations to the City Council on which cities to compare with. The second step would be to produce the actual survey. Councilmember Baker noted he supported a citywide salary survey. Councilmember Streit noted that if the City of Saratoga doesn't offer more competitive and comparable salaries as our surrounding cities, we are going to lose valuable employees. He fully supports expediting the process on starting the survey. 15 City Council Minutes September 6, 2000 Mayor Bogosian noted he agreed that the process should start immediately, but suggested hiring an outside person do construct the methodology. Councilmember Mehaffey commented that he supported conducting a citywide salary survey. Mayor Bogosian noted that he supports conducting a salary survey and directed staff to start the survey process. He also suggested hiring an outside person develop the methodology. Mayor Bogosian commented that he did not want to see anther salary adjustment come before the City Council, but would like to see some long range plans for salary adjustments. STREIT/MEHAFFEY MOVED TO APPROVE RESOLUTION TO AMEND MOU. REGARDING ASSOCIATE ENGINEER, ASSISTANT ENGINEER, & PLAN CHECK ENGINEER. MOTION PASSED 5-0. CITY COUNCIL ITEMS Councilmember Baker requested that the City Manager draft a letter to be published in either the Saratogan or the Saratoga News explaining the facts about why this Council unanimously voted in favor of septic abatement. Mayor Bogosian concurred with Councilmember Baker that the Council needs to clear this issue up and set the record straight on why the Council passed this ordinance. Mayor Bogosian and Councilmember Baker agreed to review the draft letter after its completion by Dave Anderson, City Manager. Councilmember Baker requested a report on the donations the City received supporting the World War II Memorial. Councilmember Streit indicated he and Director Cherbone met with Kevin Scully/Saratoga High School, and he is requesting a sketch of a regulation size Pony League field. Councilmember Streit requested that this be placed on the next agenda for funding. Director Cherbone indicated that it would cost approximately $2,500.00. He explained that under the City's purchasing policy the City Manager can authorize this amount and it would not have to be approved by Council. Councilmember Mehaffey noted that in his mail, attached to something else that was nonrelated, was a memo from Richard Taylor, City Attorney, outlining Political Activity by the City and Council. He indicated that from the looks of the memo it was written during the library bond issues. He request that since we are in election season, an update be presented to Council. 16 City Council Minutes September 6, 2000 • OTHER None CITY MANAGER'S REPORT Dave Anderson, City Manager, reported that the City is in the process of selecting new auditors. He explained that Director Walker would like to invite the Council to appoint one member of the City Council to participate in the interviews, which will be held on September 20, 2000. Mayor Bogosian nominated Councilmember Streit to be the Council's representative. Consensus of the Council to have Councilmember Streit participate in the interview process for the selection of new auditors. Dave Anderson, City Manager, reported that the Mayor, City Attorney, and he, would be attending the League of California Cities Annual Conference for the next three days. He noted in his absence, Director Walker will be Acting City manager. ADJOURNMENT There being no further business, the Mayor declared the meeting adjourned at 10:37 p.m. Respectfully submit Cathleen Boyer City Clerk • 17