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HomeMy WebLinkAbout07-07-2004 City Council MinutesMINUTES SARATOGA CITY COUNCIL JULY 7, 2004 The City Council of the City of Saratoga held a Joint Session with the Library Commission in the Administrative Conference Room, 13777 Fruitvale Avenue, at 5:30 p.m. The following Library Commissioners were present: Chair Anne Cross, Cathy Foscato, Ruth Gipstein, Pragati Grover, Marcia Manzo and Staff Liaison Lori Burns. Chair Cross thanked the Council for the opportunity to meet with them this evening Chair Cross pointed out the Commission's accomplishments from September 2003-July 2004: • Consolidated and prioritized different "punch list" to create the Library Construction Project List that gives an overall account of the items left to be finished • Overseeing the completion of the items on the Library Construction Project List • Produced a comprehensive map of the Saratoga library • Endorsed Measure B and educated the public • Oversaw the Library Capital hnprovement Plan • Recommend to the City Council the naming of an existing bench • Reviewed the Art Donation Policy • Discussed consequences of the failure of Measure B • First Commission to turn in Form 700 • Refined Mission Statement • Developed a work plan and budget requests • Co-Sponsored Saratoga Reads • Established the attendance and report of the President of the Saratoga Libraries • Asked for a Arts Commission Liaison • Recommend the erection of the flagpole at the library -will produce revenue for the City • Attended Commission training sponsored by the City of Saratoga • Reviewed Library User Fees • Interfaced with the Joint Powers Authority Board • Kept apprised of the activities and success of the Book-Go-Round • Co-hosted the Chamber of Commerce mixer in May Chair Cross announced that the Saratoga Library was #1 for the third year in a row in the Santa Clara Librazy System. Chair Cross noted that this year 800 children signed up for the summer reading program and 150 children attended the kick-off event. Commissioner Manzo stated that the circulation in the Library is 1/3 higher than the highest level ever. Commissioner Manzo stated that an average 500 pieces of material are checked out of the library in an hour. Commissioner Manzo noted that the Friends would be purchasing another self-checkout terminal. In regards to Saratoga Reads, Commissioner Manzo stated that she would approach the Friends of the Saratoga Libraries and request that they purchase a few copies of the selected book. Mayor Waltonsmith thanked the Library Commission for attending tonight's Joint Session. The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:30 p.m. ADJOURNED TO CLOSED SESSION - 6:30 P.M. Conference With Legal Counsel -Existing Litigation (Gov't Code Section 54956.9(c): (1 case) Comcast Phone of California LLC v. State Board of Equalization. Alameda County Superior Court Case No. RG04151862 Conference With Labor Ne otg iators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Waltonsmith reported there was Council discussion but no action was taken. Mayor Waltonsmith called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Nonnan Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith 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 John Cherbone, Public Works Director REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JULY 7, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of July 7, 2004 was properly posted on July 1, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS None COMMUNICATIONS FROM COMMISSIONS Anne Cross, Chair/Library Commission, noted that prior to the City Council meeting the Library Commission met with the Council. Chair Cross highlighted the Commission's accomplishments from Sept 2003 -July 2004. Evan Baker, Revenue Review Committee (RRC), explained the background of the formation of the RRC and stated that it was called the Vision Ad-Hoc Committee but changed it's name because the group decided that developing a vision for the future was less pressing than addressing the deterioration of City infrastmcture and remedying the lack of adequate revenue. Mr. Baker noted that the RRC was present this evening to recommend to the City Council to place a Utility Users Tax on the November 2004 ballot. Mr. Baker explained that the RRC is recommending the following: • WT set at 5% • Assessed on cable, telephone, electricity, gas and water • Provide an exemption for residents who qualify for "lifeline" services • In place for 10 yeazs with a "sunset" date • Include an Advisory Measure for voter direction on fund use Mr. Baker stated that in May and June the Committee conducted meetings with City Commissioners, Homeowner's Association members, and the public. Mr. Baker stated that at the community meeting several questions were asked: 1) How did the City get to this point? 2) What steps have already been taken to cut expenditures and/or to increase revenue? 3) What are the alternatives to a WT? 4) What are the consequences of no action? Mr. Baker answered question #1: • Substantial revenue loss over the past 15 years - $18,626,762 between 1992-2006 • Sazatoga's portion of property tax is small -City only receives 4% or $3 million • Property tax is a large part of the City's budget - 31% of City's budget • City's portion of all tax revenues expected to remain flat • Al] cost continue to increase: o Property tax will only increase 1 o Sales and Transient Occupancy Tax have decreased since 2000, and for 2004-OS will remain at roughly the same levels as last year o Expected increases in Vehicle Licensing Fees are offset by State's planned takeaway in property tax o Sheriff's budget for 2004-OS includes an increase of $350,000 per year for existing service level o City's contribution to Employees pension fund increasing - $230,500 in 2004-OS o Worker's Compensation and health insurance expected to increase by $45,000 in 2004-OS o Supplies, material and other services purchased by the City continue to increase Responding to question #2, Mr. Baker explained all budget reductions the City has implemented from 2002-2005. Referring to question #3, Mr. Baker explained other alternatives to a WT such as: • Local sales tax • Parcel tax • Special assessment • General bond obligation • Landscape & Lighting District • Increase to existing taxes Mr. Baker continued to explain the advantages of a WT. Responding to question #4, Vic Monia, RRC member, explained that if no action is taken the following could happen: • Continued deterioration of street medians and building • Higher costs for future repair • Could lose City programs and services as funds are shifted • City maybe forced to sell assets • Capital Projects maybe cut to free up funds for service needs • Funding cuts to outside groups such as SASCC and Chamber of Commerce Councilmember Bogosian asked why the RRC was recommending a general tax instead of a special tax. Mr. Monia responded that the Committee was recommending the UUT because it's the easiest way. Mr. Monia stated that the RRC the Council hasn't authorized the RRC to spend money on polling and secondly time is running out. Mr. Monia pointed out that if the measure were not on the ballot in November 2004 it would have to wait 2 years. Mr. Monia stated that the UUT may not pass in November and the City will have two more years to figure out what to do, meanwhile road conditions are going to get worse and cost are going to go up Darren Deffner, PG&E/Government Relations Representative, stated that although PG&E is neutral on what the City does with respect to a WT, they strongly support the City move forward using the model WT Ordinance to implement such a measure. Mr. 4 Deffner explained that this model was created by a group of City Attorney's from the League of California Cities with assistance by PG&E and other utility companies. Mr. Deffner stated that PG&E strongly urges the adoption of the model ordinance without deviation for three main reasons: 1) Lessens the delay of implementation because their law department would not have to review it 2) Computer programming is kept at a minimum which lowers the cost to the City 3) Other versions of a WT ordinance maybe so complicated that they would not be able to implement it due to programming or legal constraints In regards to exemptions for low-income residents, Councilmember Kline asked if exemptions were built into the model ordinance. Mr. Deffner responded that the model ordinance includes the process by which exemptions could take place. In general, exceptions should be broad customers classes - because that is how their system is created for example;"industrial", "residential" or "agriculture". Mr. Deffner stated that the ordinance could be structured in certain ways to exempt certain classes. In regards to low-income customers, PG&E has a program called "CARE". The Ordinance could be transmitted to say that all "CARE" customers in Saratoga should be exempted. If the City creates another method of organizing low- income residents their internal system would not have the ability to it break it down that way any other way and it would come back to City staff that would have to delineate every customer. Councilmember Bogosian asked if other utility companies followed the model ordinance. Mr. Deffner stated that other utilities are included in the model ordinance. City Manager Anderson noted that the City Attorney is in the process of reviewing the model ordinance. Jeff Swartz stated that he supports the recommendations of the Revenue Review Committee and encourages the Council to place a WT on the November ballot. In conclusion, Mr. Baker stated that the City has deferred infrastructure and facilities maintenance because of insufficient revenue for many years. Mr. Baker stated that the City needs an annual source of $3 million in additional revenue for maintenance and the WT is the best option. Councilmember Streit thanked the RRC and noted that he would support a 5%UUT to be placed on the November 2004 ballot for a couple of reasons: • Saratoga is a special place and he plans on keeping it that way • Does not want to see the infrastructure deteriorate any more that it already has Councilmember Streit stated that if the WT passes in November he pledges that while he is on the City Council the money would only be spent on infrastructure. Councilmember Kline noted that he would also support the 5%UUT on the November 2004 ballot and an advisory measure stating that money be spent on infrastructure. Councilmember Bogosian stated that he is uncomfortable with the UUT because he feels it is being rushed through. Councilmember Bogosian stated that the community should be polled and he is confident that a measure could pass a specific tax that would address the infrastructure needs. Councilmember Bogosian stated that he appreciated Councilmember Streit's pledge, but questioned what will happen two yeazs from now when new Councilmembers are seated. Councilmember Bogosian stated that he is not arguing that that the City needs a dependable revenue stream, but feels the WT is not the right method. Councilmember Bogosian stated that he would like to see the City do a poll asking the people of Saratoga what they would be willing to pay for. Councilmember Bogosian stated that he would not support placing the WT on the November ballot without polling the community and data from the community. In regards to polling the community, Vice Mayor King stated that it would cost between $40-$70 thousand dollars to conduct a poll. In regards to placing the measure on the November ballot, Vice Mayor King stated that it would cost the City approximately $68,000. If the City waits until Mazch 2005, the cost would be $8Q, 000, if the measure is placed on the November 2005 ballot the costs goes up to $220,000. Vice Mayor King explained that the advantage of a UUT. Vice Mayor King stated that she would support placing the WT on the November 2004 ballot. Mayor Waltonsmith thanked the RRC for their work. Mayor Waltonsmith stated that she supports placing the UUT on the November 2004 ballot. STREIT/ KING MOVED TO ACCEPT REPORT; SCHEDULE PUBLIC HEARINGS FOR MEETINGS ON JULY 21 AND AUGUST 4; DIRECT STAFF TO PREPARE NECESSARY DOCUMENTATION IN ORDER TO SUBMIT BALLOT MEASURE FOR VOTER CONSIDERATION IN NOVEMBER 2004. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None Consensus of the City Council to heaz Public Hearing item 4 after the Ceremonial Items. CEREMONIAL ITEMS lA. COMMENDATIONS FOR BOBBY CHANDRA -OUTGOING LIBRARY COMMISSIONER STAFF RECOMMENDATION: Present commendation. Mayor Waltonsmith read the proclamation. Commissioner Chandra was not present to accept the commendation. 1B. APPOINTMENT OF PARKS AND RECREATION & PUBLIC SAFETY COMMISSION MEMBERS AND OATH OF OFFICE STAFF RECOMMENDATION: Adopt resolutions and administer Oath of Office. TITLE OF RESOLUTION: 04-054 & 055 STREIT/KLINE MOVED TO ADOPT RESOLUTION APPOINTING ROLLIN SWANSON TO THE PUBLIC SAFETY COMMISSION. MOTION PASSED 5-0. STREIT/KLINE MOVED TO ADOPT RESOLUTION APPOINTING MARK CHAPMAN AND DENISE GOLDBERG TO THE PARKS AND RECREATION COMMISSION. MOTION PASSED 5-0. City Clerk Boyer administered the Oath of Office to Rollin Swanson. Mark Chapman and Denise Goldberg were not present. 1C. PROCLAMATION -SUPPORTING "SARATOGA READS" STAFF RECOMMENDATION: Read proclamation. Mayor Waltonsmith read the proclamation and presented it to Arts Commissioner Lee Murray and Library Commissioner Pragati Grover. SPECIAL PRESENTATIONS None PUBLIC HEARINGS 4. APPEAL OF A DENIAL OF A PLANNING COMMISSION DECISION DENYING A TREE REMOVAL PERMIT APPEAL AT 18325 SWARTHMORE STAFF RECOMMENDATION: Conduct public hearing; uphold the Planning Commission action denying the appeal of a Staff decision. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the appellant is requesting the City Council reverse a Planning Commission denial of a Tree Removal Permit application. The Appellant submitted a request to remove a mature Coast Redwood on February 11, 2004. This request was reviewed and denied on February 20, 2004 in conjunction with the criteria found in Section 15-50.080 and was subsequently denied on February 20, 2004. The property owner submitted the appeal to the Planning Commission on March 2, 2004. On Apri128, 2004 the Planning Commission on a 5-2 vote denied the appeal upholding the Staff denial of the requested Tree Removal Permit. The Planning Commission previously denied a tree removal permit for this very same tree. The City Attorney determined that a sufficient number of changes had been made to the tree ordinance to allow a new application to be accepted for processing. Director Sullivan explained the two principal guides used by staff and the Planning Commission in coming to a decision regarding the tree. Director Sullivan noted that staff denied the application for a Tree Removal Permit principally because there were alternative methods of repaving the driveway that do not require the removal of the tree. Director Sullivan stated that City Arborist David Babby provided a report containing two alternatives for the applicant to consider using and detailed instructions on how to implement either alternative. Councilmember Streit questioned the stability of the tree if the City and the property owner cut the roots on both sides. Councilmember Streit stated unless the curb and gutter was removed the City would not know how much of the root system would have to be severed. Councilmember Streit stated that he doesn't have enough information tonight to make a decision without doing the necessary exploratory work. Councilmember Kline noted that he concurred with Councilmember Streit. Councilmember Kline stated that he would not support leaving the tree or cutting 50% of the roots if any liability could possibly fall onto the City. In regards to the necessary repairs that need to be made on the curb and gutter, Councilmember Kline recommended that Council direct staff to tear it up and let the City Arborist do exploratory work. David Babby, City Arborist, responded to Councilmember Streit and Councilmember Kline's questions. Mr. Babby stated that in his opinion a buttress root is lifting the curb and gutter, and if removed may cause the tree to be unstable. Mayor Waltonsmith stated that some cities place curbs around roots. Mr. Babby stated that the City of Burlingame does install "bump out" curbs Vice Mayor King noted that she has seen several trees in the same situation as the tree on Swarthmore and asked why other trees haven't cause damage to the surrounding areas. Mr. Babby responded that there are many variables why the roots have cause damage around the tree such as: Hardscape on the driveway is substandard -there is no rebar under the cement. • Lack of or too much water • Type of soil Mr. Babby stated that a Redwood trees is a tree that will take everything in its path. Mr. Babby stated that if you look at the way they grow -the base is twice as large as the trunk. Mohammad Garakani, Chair/Planning Commission, stated that this application came before the Commision one year ago because the administrative approval to remove the tree was appealed by a neighbor. Chair Garakani stated that the Commission denied the removal of the tree and because of the revised tree ordinance the application to remove the tree was allowed to appeal the decision. Chair Garakani stated that the Commission heard the appeal on April 14, 2004 and after a three hour discussion continued it to Apri128, 2004 where the Commission denied the request to remove the tree. Mayor Waltonsmith opened the public hearing and invited public comments. Adel Gundy Duvall noted that she was the property owner at 18325 Swarthmore Drive. Ms. Duvall stated that she has been a resident in Saratoga since 1968. Ms. Duvall explained the situation of the tree and noted that the root have destroyed the drive at the property located on Swarthmore. Ms. Duvall stated that in order to replace the driveway, large roots would have to be removed which will make the tree unstable. Ms Duvall stated that the tree could fall and hurt or kill someone. Ms. Duvall requested that the Council allow her to remove the tree. Joel Donahoe noted that he represented Ms. Duvall. Mr. Donahoe stated that the tree is in the wrong place. Mr. Donahoe stated that the alternatives suggested in Mr. Babby's report are only temporary repairs. Mr. Donahoe stated that if 50% of the roots were severed the tree would be unstable. Mr. Donahoe stated the reasons why removal of the tree is the only option. Mr. Donahoe noted that the tree is directly above a gas line and cited a letter by PG&E personnel. Mr. Donahow stated that although PG&E could not say the tree imposed danger to the public; there is a potential risk. Mr. Donahoe requested that the City Council grant the removal of the tree. Mr. Donahoe pointed out that personal property rights should be recognized in regards to this tree. Mr. Donahoe stated that the only way to solve this problem is to remove the tree. Gil Mitchell noted that he was a registered consulting azborist with the American Society of Consulting Arborist. Mr. Mitchell noted that on April 27, 2004 he inspected the tree in question. Mr. Mitchell noted that if the driveway, curb and gutter were to be repaired to their original grades, two- three buttress roots would be damaged. Mr. Mitchell noted that if the buttress roots were damaged the tree would be unstable. Mr. Mitchell noted that he recommends that the City allow the removal of the tree. Christa Werling noted that she was a friend of Ms. Duvall. Ms. Werling stated if the tree is not removed the property value would go down. Ms. Werling requested that the City Council allow the removal of the tree. Yvonne Zivanic noted that she lives next door to the property located at 13825 Swarthmore Drive. Ms. Zivanic stated that the tree could fall on her house. Ms. Zivanic stated that she worked very hard to move to Saratoga and now she wonders if her family made the wrong decision. Jim Dillinger noted that he is the resident at the property in question. Mr. Dillinger stated that the tree should be removed because it is a hazard. Mark Beandoin noted that he was a certified azborist and a landscape architect. Mr. Beandoin stated that the tree is in a bad place. Referring to the tree in question, Mr. Beandoin noted that the tree is only 45 years old and is still growing. Mr. Beandoin stated that as the tree grows it would cause more damage. Mr. Beandoin stated that he recommends removal of the tree. Tom Morman noted that he was a real estate agent. Mr. Morman stated that the property value of the house on Swarthmore would decrease if the tree is not removed. Karl Clemons noted that he supports saving the tree Olregario Lara noted that he has lived at his property for 41 years. Mr. Olregario noted that he lives across the street from 18325 Swarthmore Drive. Mr. Olregario stated that he supports keeping the tree because it is a living thing and provides oxygen. Mr. Olregario noted that he has watched the tree grow for the last 41 years and stated that he feels it is a landmark in the neighborhood. Elizabeth Lara noted that she supports saving the tree. Ms. Lara pointed out and provided photos of redwood trees throughout the City like the tree on Swarthmore Drive. Mary McGuire noted that she has lived across the street from the redwood tree for the past 8-%: years. Ms. McGuire noted that she supports the Planning Commission's decision and urged the City to uphold it. Ms. McGuire noted that she hasn't heard any compelling reasons why the tree should be removed. 10 Tom Corson noted that none of the experts who spoke in regards to removing the tree had any ownership in Saratoga. Mr. Corson noted that this tree was valued at $18,000. Mr. Corson noted that the Planning Commission did a tremendous job, twice, and urged the Council to uphold their decision and deny the appeal. Mr. Donahoe stated the options provided by the City's arborist would make the tree unstable and create added risks. Mr. Donahoe reiterated why the tree should be removed and urged the Council to grant the appeal. Mayor Waltonsmith closed the public hearing. Councilmember Kline noted that he has mixed reactions in regards to this tree. Councilmember Kline noted that the tree is healthy but all azborist stated that if you remove the root system on both sides the tree would be unstable. Councilmember Kline noted that he doesn't know if the root system can be removed under the curb and gutter until the curb and gutter is removed. Councilmember Kline noted that after the exploratory work, if the azborist reports that the roots on both sides cannot be severed he would support removal of the tree. Councilmember Streit noted that he concurred with Councilmember Kline. Councilmember Streit noted that safety is his priority in this situation. Vice Mayor King noted that the Planning Commission spent many hours on this situation and she is very comfortable with their decision. Vice Mayor King noted that she concurred with her colleagues that the exploratory work must be performed. Councilmember Bogosian noted that he has at least 20 redwood trees on his property, some larger than the one on Swarthmore. Councilmember Bogosian stated that all of the azborists have stated that the buttress roots would be damaged if severed, which would make the tree unstable. Councilmember Bogosian noted that he could support overturning the Planning Commission's decision. Mayor Waltonsmith noted that trees are planted in the wrong places all over the City of Saratoga. Mayor Waltonsmith noted that she feels trees are assets. Mayor Waltonsmith noted that she feels that the tree on Swarthmore is a healthy tree and supports saving it. KING/KLINE MOVED TO DIRECT STAFF TO REMOVE CURB AND GUTTER AROUND ROOT SYSTEM AND CONTINUE THE PUBLIC HEARING ON AUGUST 4, 2004. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. 11 CONSENT CALENDAR 2A. APPROVAL OF CITY COUNCIL MINUTES -MAY 19, 2004 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/STREff MOVED TO APPROVE CITY COUNCIL MINUTES FROM MAY 19, 2004. MOTION PASSED 5-0. 2B. APPROVAL OF CITY COUNCIL MINUTES -JUNE 16, 2004 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/STREIT MOVED TO APPROVE CITY COUNCIL MINUTES FROM JUNE 16, 2004. MOTION PASSED 5-0. 2C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/STREIT MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2D. AGREEMENT BETWEEN THE CITY OF SARATOGA AND DAVID AND SUSAN CARTER -18947 HARLEIGH DRIVE, SARATOGA AND CITY PROPERTY KNOWN AS ASSESSOR'S PARCEL NUMBER 389-29-020 STAFF RECOMMENDATION: Ratify execution and recordation of Agreement. BOGOSIAN/STREIT MOVED TO RATIFY EXECUTION AND RECORDATION OF AGREEMENT. MOTION PASSED 5-0. 2E. DESIGN SERVICES FOR BLANEY PLAZA IMPROVEMENTS -PHASE II STAFF RECOMMENDATION: Approve professional services contract from Greg Ing and Associates in the amount of $9,500; Authorize City Manager to execute a professional services agreement; Authorize staff to expend up to $7,500 for surveying and miscellaneous costs associated with the project. Councilmember Bogosian requested that item 2E be removed from the Consent Calendar. 12 Councilmember Bogosian asked how much money the City has spend on Blaney Plaza. Director Cherbone responded that approximately $60,000 has been spend on Blaney Plaza. Councilmember Bogosian asked how much was budgeted for this project in the CIP. Director Cherbone responded $120,000. Councilmember Kline asked how much would the City save if the project was stopped completely Director Cherbone responded $120,000. Mayor Waltonsmith suggested that Council schedule a site visit to Blaney Plaza to assess the needs. Director Cherbone explained that the imgation system, the landscaping, and a few benches should be replaced in Blaney Plaza. Director Cherbone added that some improvements should be done for safety reasons, although most improvements are strictly for aesthetics. Consensus of the City Council to schedule a site visit to Blaney Plaza and continue the item to July 21, 2004. 2F. BROOKGLEN, EL QUITO AND WILDWOOD PARKS: PLAYGROUND EQUIPMENT UPGRADE PROJECT -NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. BOGOSIAN/STREIT MOVED TO ACCEPT NOTICE OF COMPLETION. MOTION PASSED 5-0. 2G. ENTER INTO A REVISED CORE NATURAL GAS AGREEMENT WITH ABAG POWER STAFF RECOMMENDATION: Authorize the City Manager to sign the Revised Core Natural Gas Agreement with ABAG POWER BOGOSIAN/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE REVISED CORE NATURAL GAS AGREEMENT WITH ABAG POWER. MOTION PASSED 5-0. Consensus of the City Counci] to move to new Business item 6. 13 NEW BUSINESS 6. RESOLUTION OF INTENT TO AMEND ORDINANCE NO. 225 - AN INTERIM ORDINANCE EXTENDING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan noted that on November 19, 2003 Ordinance 225 was adopted on a four-fifths vote establishing a moratorium on Personal Services businesses on the ground floor of buildings in the Village. On June 14, 2004, Arlen and Jim Rosefeld sent a letter to the Council requesting that Ordinance 225 be amended to allow new personal services businesses to be located on the ground or first floor as long as it is not fronting on Big Basin Way. Jim Rosefeld noted that he owned a building in the Village. Mr. Rosefeld noted that he has a possible tenant for a space in the alley, which is not suited for retail. Mr. Rosefeld requested that the Council amend Ordinance 225. BOGOSIAN/STREIT MOVED TO ADOPT RESOLUTION OF INTENT TO AMEND ORDINANCE 225. MOTION PASSED 5-0. PUBLIC HEARINGS 3. RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION STAFF RECOMMENDATION: Conduct public hearing. No other action is necessary -properties listed on the 2004 Brush Abatement report are in compliance. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that this year three properties were listed on the 2004 Brush Program Commencement Report. As of June 22, 2004 all three properties have been inspected and are in compliance with the program standards. No public hearing is necessary. Mayor Waltonsmith opened the public hearing and invited public comments. Seeing none, Mayor Waltonsmith closed the public hearing. This item required no Council action. 14 OLD BUSINESS None NEW BUSINESS 5. ESTABLISHING A COMMITTEE TO RECOMMEND OPTIONS FOR RESOLVING ORCHARD DIRT AND MUD TRACKED INTO THE SARATOGA LIBRARY STAFF RECOMMENDATION: Provide direction to staff regarding the composition of a proposed Committee to develop recommendations that will address problems associated with dirt and mud tracked into the Library from the Orchazd. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the Saratoga Library opened to the public on June 21, 2003. Many students from Redwood Middle School use the Library after school. This spring, Library staff noticed an increase in dirt and mud being tracked into the building by students who walk through the orchard. There is also as a problem with mud and water in the restrooms as students try to wash off their shoes. Several suggestions have been made to resolve the problem such as installing an asphalt path through the orchard as existed previously, or distributing a mulch material over the dirt path currently in use. Both have impacts on Orchard operations. Assistant City Manager Tinfow noted that a successful resolution would require input from various stakeholders. Staff proposes bring in representatives from the following groups together for a meeting: • Two from the Library Commission • Two from the Heritage Preservation Commission • Appropriate Library staff • Appropriate City staff • At least one Councilmember • Orchardist Matt Novacovich In addition, Assistant City Manager Tinfow stated that a suggestion has been made to include at least one representative from the Youth Commission who attends Redwood Middle School to participate on behalf of the users. Assistant City Manager Tinfow stated that this Committee would likely need to meet once or twice over the summer to identify options and/or recommendations for Council consideration, with the goal of remedying the problem before school starts in the Fall. Councilmember Kline requested that prior to the meeting, staff prepare a list of options and associated costs. 15 Councihnember Bogosian requested that the committee come up with viable options and come back to the Council as soon as possible. Vice Mayor King suggested that only one person from each group be appointed to serve on the committee. A discussion took place in regards to the difference of opinion between Councilmember Kline and Councilmember Streit. Consensus of the City Council to appoint both Councilmember Kline and Councilmember Streit and one member from each group listed in report with the exception of two appointed staff members. PERMISSION TO FILL PARKS MAINTENANCE WORKER I POSITION VACANCY STAFF RECOMMENDATION: Council designate this position as "essential" and authorize City Manager to fill the Parks Maintenance Worker I position. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the staff hiring freeze enacted in 2003-2004 with exceptions of department directors and essential employees continue to be in effect for FY 2004-2005. The Parks Maintenance Worker I has given notice that he will be leaving the City for another opportunity. At this time staff requests direction on whether or not Counci] considers this position "essential" and wishes to authorize the City Manager to release the hiring freeze to fill this position. Assistant City Manager Tinfow briefly explained the duties of a Parks Maintenance Worker I. KINGBOGOSIAN MOVED TO DESIGNATE THE POSITION OF PARKS MAINTENANCE WORKER I AS "ESSENTIAL" AND AUTHORIZE CITY MANAGER TO FILL THE PARKS MAINTENANCE WORKER I POSITION. MOTION PASSED 5-0. COMMISSION ASSIGNMENT REPORTS Mayor Waltonsmith reported the following information: VTA Restroom Ad-Hoc - would be presented to Council on August 4, 2004. Vice Mayor King reported the following information: Arts Commission - co-sponsoring "Saratoga Reads". City/School Ad-Hoc Committee -working with Cupertino Union School District regarding their interest in maintenance agreements with the City for their fields. Councilmember Bogosian had no reportable information. Councilmember Kline reported the following information: Village Ad-Hoc Committee -would start working on a "Business Development Plan". 16 Councilmember Streit had no reportable information. CITY COUNCIL ITEMS Councilmember Kline requested that staff be directed to bring an item back to Council for discussion regarding "bump outs". City Attorney Taylor stated that there were two issues: 1) rules applying to personal property 2) City's right to manger right-of--ways. Councilmember Kline requested that a report regarding a citywide festival centered on a theme be agendized. Consensus of the Council to support Councilmember Kline's request. Councilmember Streit stated that there has been a lot of interest in maintenance agreements between the school districts and the City. Councilmember Streit requested that Council give direction to the Parks and Recreation Commission to investigate this issue. Vice Mayor King noted that she supported Councilmember Streit's request. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 11:20 p.m. 17