HomeMy WebLinkAbout04-23-2002 Adjourned City Council MinutesMINUTES
SARATOGA CITY COUNCIL
ADJOURNED MEETING
JOINT SESSION
PUBLIC SAFETY COMMISSION\
SHERIFF'S DEPARTMENT
SARATOGA FIRE DISTRICT
SANTA CLARA COUNTX FIRE DISTRICT
APRIL 23, 2002
The City Council of the City of Saratoga met in a scheduled Adjourned City
Council Meeting on Apri123, 2002 at the Adult Care Center, 19655 Allendale
Avenue.
Mayor Streit called the Adjourned City Council meeting to order at 7:1 0 p.m.
and lead the Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Ann Waltonsmith, Vice Mayor Evan Baker,
Mayor Nick Streit
ABSENT: Councihnembers Stan Bogosian, John Mehaffey
ALSO Dave Anderson, City Manager
PRESENT: Cathleen Boyer, City Clerk
Tom Sullivan, Director of Community Development
John Cherbone, Public Works Director
Cary Bloomquist, Administrative Analyst
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 23, 2002
Cathleen Boyer, City Clerlc, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of Apri123, 2002 was properly posted on April 19, 2002.
COMMUNICATIONS FROM PUBLIC
No one requested to speak at tonight's meeting.
COUNCIL DIRECTION TO STAFF
None
JOINT MEETING WITH PUBLIC SAFETY COMMISSION
Mayor Streit welcomed the Public Safety Commission.
INTRODUCTION
Bridgett Ballingall, Chair/Public Safety Commission, introduced the following Public
Safety Commissioners: Isabelle Tannenbaum, Jim Schindler, Mitch Kane, Ronny Santana.
Chair Ballingall noted that Commissioner Fran Andresen was unable to attend tonight's
meeting.
Chair Ballingall thanked Hugh Hexamer and Ken Biester for their eight years of service on
the Public Safety Commission.
Chair Ballingall thanked the City Council for their support throughout the year.
Chair Ballingall thanked the City for the following:
• Supporting the Neighborhood Traffic Management Program (NTMP), which was
completed this year.
• Hiring Lori Tinfow and a City Traffic Engineer.
• Approving two traffic officers, which the Public Safety Commission really
appreciated.
Chair Ballingall noted in regards to traffic issues the Commission will continue to:
• Saratoga Transportation Task Force
• Developing an implementation plan for schools
• Continue to utilize a citywide school bussing program
• Implement the School Traffic Calming Program
• Continue to monitor the reconfiguration along Fruitvale Avenue
• Redwood school pick-up and drop-off areas
Chair Ballingall noted that the Commission is focusing on the primary concerns of NTMP,
school related traffic, and traffic issues in general during 2002. However, the Commission
intends to broaden their scope to incorporate other matters of general public safety to
maintain the integrity of the City's neighborhoods.
Mayor Streit thanked the Public Safety Commission for coming to tonight's meeting.
Mayor Streit declared a recess at 8:15 p.m.
Mayor Streit reconvened the meeting at 8:20 p.m.
JOINT MEETING WITH SHERIFF DEPARTMENT
2. Captain Dennis Bacon, Santa Clara County Sheriff's Department, thanked the City
Council for the opportunity to meet with them this evening. Captain Bacon
announced Lieutenant Smedlund was recently promoted to Captain.
Captain Bacon explained how the Sheriff's Department has been actively involved
in the City and listed their accomplishments:
• Traffic Safety
o NTMP
o Radar loan program
o Directive enforcement
o Intervention Process
o Established school safety officer
o Safe operation passage
o Crossing guard training program
o Teen driver awareness program
o Child safety seat program
o Avoid 13
• Community
o Azule park Project
o Great Race
o Celebrate Saratoga
o Neighborhood Watch Program
o Email alert system
Mayor Streit thanked the Sheriff s Department for coming to tonight's meeting.
JOINT MEETING WITH SARATOGA FIRE DISTRICT
3. Emie Kraule, Chief/Saratoga Fire District, thanked the City Council for the
opportunity to meet with them this evening.
Chief Kraule explained changes in the District such as:
• Retirement of Fire Commissioner Henry Clark
• Appointment of Hugh Hexamer to Fire Commission
• Moved communications to County Communications
• Transferred alarm systems to outside company
Chief Kraule noted several accomplishments of the District:
• First "Annual report"
• Boundary Drop Agreement
• Commissioner Geddes reelected
• Joe Long elected as new Fire Commissioner
• Hired Assistant Chief Gordon Duncan
• Developed two engine companies
• Cross training program implemented
• Purchased new trucks
Chief Kraule noted a few projects the District has been involved in:
• Saratoga Library Project
• Saratoga Retirement Center
• Fire Access at the Mountain Winery
• Our Lady of Fatima Renovation
• Sacred Heart Renovation
Gordon Duncan, Assistant Fire Chief/SFD, noted that he has been with the District
for almost eight months.
Assistant Chief Gordon reported that the 53% of all fire calls s are responded to
within 4 minutes. 47 % for those same calls are responded to over 4 minutes. In
regards to EMS calls 91% are responded to within 8 minutes and 9% are responded
to over 8 minutes.
Assistant Chief Gordon noted that all staff has been train as an Emergency Medical
Technician (EMT) and soon the District will have nine paramedics.
Mayor Streit thanked the Saratoga Fire District for coming to tonight's meeting.
JOINT MEETING WITH SANTA CLARA COUNTY FIRE DISTRICT
Ben Lopes, Acting Chief/Santa Clara County Fire District, thanked the City
Council for the opportunity to meet with them this evening.
Chief Lopes explained that the SCC Fire District staffs three battalions (#3, 7, and
12) in the south county area which includes 3 battalion chiefs, 19 captains, and 43
fire fighters on a daily basis for a total on duty personnel of 62. Staffing 14
engines, 3 trucks, hazardous material unit, and a rescue unit.
Chief Lopes explained that available resources in the department is 275:
• 15 chief officer
• 66 captain captains
• 148 firefighters
Chief Lopes noted a few changes at the West Valley Station:
• Station remodel
• Fence Replacement
• Upgraded fuel dispending
• Engine 9 replacement
Chief Lopes explained the fire prevention activities in City of Saratoga:
• Fire Inspection - 306
• Construction Inspections - 124
• Site Inspections (Hydrants/Roads) - 59
• Plan Reviews - 254
• Public Education Events - 16
Chief Lopes explained emergency response time is 91% at 6 minutes or less.
In regards to customer satisfaction, Chief Lopes explained that since 1998 the
District has sent out over 16,000 surveys and have received back about 34%. In
Saratoga 300 random samples have been sent with a 40% return the majority of
returns have been satisfied with the District. Chief Lopes sited a few of the
elements that are measured on the survey and stated that such as promptness,
courtesy, helpfulness. The overall customer satisfaction exceeds over 90% in this
community.
In regards to the Boundary Drop Agreement, Chief Lopes noted that the District
has been very happy with its progress and stated both departments have gained a
lot of benefits.
Chief Lopes noted that since September 11, 2001, the District has issued to all
uniformed personnel chemical biological respirators, tyvex style suits, and all the
engines now carry antidote kits.
Mayor Streit thanked the Santa Clara County Fire District for coming to tonight's
meeting.
OLD BUSINESS (continued from 04/17/2002)
REPORT ON STRATEGIES TO REDUCE CREEK CONTAMINATION
INCLUDING DRAFT ORDINANCE REMOVING BELOW GRADE EXEMPTION
FOR SEPTIC SYSTEMS
STAFF RECOMMENDATION:
Accept report and direct staff to schedule introduction and first reading of septic abatement
ordinance amendment following a public hearing; provide direction to staff regarding
establishing of sewer lateral inspection requirements.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone reminded Council that at its meeting of June 6, 2001 staff presented a
detailed report concerning water quality in the Saratoga Creek and other creeks in the City.
That report explained several creeks exceed EPA standards for fecal coliform. At that time
Council directed staff to investigate methods of further reducing the number of homes relying
on septic systems and methods of identifying privately owned sewer lines that could be
leaking untreated sewage into local groundwater.
Director Cherbone stated that the ordinance states that below grade homes served by septic
systems are exempt because it was believed that the cost of installing the storage tank, pump
system, and piping necessary to convert from septic to sewer would be expensive. The
estimated costs associated with installing below grade connection range from $8,700 -
$17,000 depending on the size of the holding tank installed and the distance to the sewer
main. The City's records indicate that there are 19 homes maintaining a septic system with a
"below-grade" exemption.
In regards to a sewer lateral inspection program, Director Cherbone explained that staff
believes more information is needed before a recommendation can be brought forward to
Council.
Mayor Streit asked how many of the 19 homes border creeks.
Director Cherbone respond 10 homes border creeks.
Vice Mayor Baker asked if the 19 property owners have been notified.
Director Cherbone noted no one has been notified yet, but he will notify every property owner
prior to the first reading of the ordinance.
Mayor Streit stated that he fully supports this ordinance and will work with community
members who cannot afford the hook-up.
John Tripp, 1650 San Antonio Road, noted that he represented the Silicon Valle Realtors
Association. Mr. Tripp stated that he is glad to hear that the City has provided funding
resources for sewer hook ups.
Consensus of the City Council to direct staff to schedule the introduction and first reading of
septic abatement ordinance amendment.
6. UNION PACIFIC RAILROAD TRAIL UPDATE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Cary Bloomquist, Administrafive Analyst, presented staff report.
Analyst Bloomquist noted that the Union Pacific Railroad has an easement running through
the cities of Cupertino, Saratoga, Los Gatos and Campbell. The desire to develop this
easement began when groups of West Valley pedestrians, equestrians, and bicyclists realized
the potential value of this corridor for amulti-use trail.
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Analyst Bloomquist reported that the proposed trail segment length is 8.7 miles; with
Saratoga's portion being 3.7 miles. Development of the trail would offer recreational and
commuting opportunities for Saratoga residents, and will serve as an important link to
significant trail venues in the area, such as the Stevens Creek Trail and Rancho San Antonio
County Park Trail to the North, the Los Gatos Creek Trail and Vasona Lake County Park
trails to the South. The proposed trail is included as a Regional Trail Route in the Santa Clara
County Trails Master Plan, it is a proposed bicycle corridor in the Santa Clara County
Congestion Management Program and could be included as part of the Juan Bautista De Anza
National Historic Trail.
Analyst Bloomquist noted that a feasibly study was completed by Alta Transportation
Consulting in October, 2001, and the recommend action of the Task Force was to defer the
construction of the proposed trail until Union Pacific Rail Road Company ceases operations
along the line. The primary reason for this recommendation was Union Pacific Rail Road
Company's unwillingness to discuss land acquisition along their line due to potential liability.
Analyst Bloomquist noted that the Task Force also recommended the following:
• Task Force to conduct an annual review to discuss options and provide updates in the
status of the trail
• Efforts should be made by each jurisdiction to seek ways to procure land along the
trail alignment that do not involve the railroad company
• Each jurisdiction designate their portion of the raihoad corridor land as "open space"
to prevent commercial or residential development of the land when the line is
abandoned
Analyst Bloomquist noted the City of Cupertino and the Town of Los Gatos are considering
updated their General Plan to designate the railroad corridor as "open space".
The next scheduled meeting of the U.P.R.R Task Force is April 2003. During the next
several months, the "Friends of the Union Pacific Rail Road Trail" will be formed and begin
holding meetings and organizing events. A final report from the U.P.R.R. Task Force should
be presented to he City of Cupertino Council in the summer of 2002.
Analyst Bloomquist noted that staff from VTA indicated tier 1 funding earmarked for the
U.P.R.R. trail probably be reallocated to other projects, which are more likely to be completed
within the next 8 years.
Analyst Bloomquist noted that VTA staff did indicated that if Saratoga could negotiate an
agreement with PG & E for possible usage of their easement, VTA stated they might be able
to set aside some of the tier 1 funding to offset incurred costs of this agreement.
Councilmember Waltonsmith asked about the Parks and Recreation Trails Subcommittee.
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Analyst Bloomquist responded that the Trails Subcommittee is interested in pursing the
Figueroa Trail. In the near future the Subcommittee will be holding public informational
meetings to inform the public of the different issues with the railroad trail and address
concerns of residents near the railroad tracks.
Mayor Streit asked what PG & E easement in the City would tier 1 funding pay for.
Councihnember Waltonsmith responded that it is the portion along Saratoga-Sunnyvale Road
to Saratoga Avenue.
Mayor Streit noted he would support negotiations with PG & E as long as the neighborhoods
are protected.
Vice Mayor Baker noted he would support a General Plan amendment designating the
railroad corridor as "open space". Vice Mayor Baker stated that he opposes the City funding
any further effort for this trail until we know if the corridor will ever be available. Vice Mayor
Baker also stated that he does not support spending any City money on PG &E right-of way
for such a small piece of this trail.
Mayor Streit thanked Analyst Bloomquist for his report.
7. CHAMBER OF COMMERCE AGREEMENT OPTIONS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Daue Anderson, City Manager, presented staff report.
City Manager Anderson reported that on February 12, 2002 the City Council discussed
whether to continue the current subsidy to the Chamber of Commerce. At the conclusion of
the meeting, direction was given to staff to continue the existing relationship with the
Chamber for the time being and to agendize a joint meeting with the Chamber to develop a
new operating agreement.
City Manager Anderson reported that at the Apri13, 2002 Council meeting, Council directed
that a discussion of various options be included in a draft Chamber agreement be agendized
for April 17, 2002 meeting. Council asked Mayor Streit and Councihnember Bogosian to
investigate the various options that the Council may want to discuss.
City Manager Anderson stated that the discussion of concern that was brought up at the
subcommittee meeting was the following:
• Length of term, whether a fixed term agreement would be appropriate or a multi-year
phase-out of support
• A requirement that while receiving public funds, the Chamber's meetings be made
open to the public
• As a condition of public funding require City Council representatives on the Chamber
board and Executive Committee
• Reporting requirements to account for public funds spent for Chamber activities
Mayor Streit noted that that he supports fee for service because the Chamber does provide
valuable services to the city such as a visitor's bureau and Celebrate Saratoga.
Councilmember Waltonsmith noted that she supports adding a performance criterion to the
agreement and eventually phase out the City completely.
Vice Mayor Baker stated that he does not agree with the Chamber's closed meetings and
noted that he supports the phasing out of all financially ties between the City and the Chamber
within 3-5 years.
Jean Funari, Chamber of CommerceBoard member, noted that she was here tonight as a
representative of the Chamber Board of Directors to let the Council know that they look
forward to working in establishing a mutually benefited agreement based on fee for services
rendered. Ms. Funari noted that they are a nonprofit SO1C6 organization, which means they
are governed by by-laws, and they need to adhere to them.
Councilmember Waltonsmith asked why their meetings are not open to the public, even their
membership, after public comments.
Ms. Funari stated that their meetings are closed to the public after 6:45 p.m. only the Board of
Directors meet to conduct Chamber business.
In regards to Celebrate Saratoga, Vice Mayor Baker asked if the Board or the Executive
Committee have any data of who attends the event.
Ms. Funari stated that most Saratoga residents come to the event.
Vice Mayor Baker pointed out that in 1998 when he was campaigning at Celebrate Saratoga,
most of the people he approached were not registered voters in Saratoga.
Mayor Streit stated that he feels Celebrate Saratoga is very beneficial to the City of Saratoga
and the City should continue to fund the event. Mayor Streit stated that he supports a phase
out agreement; eventually cutting all financial ties with the Chamber and using the City's
building for another purpose.
Consensus of the City Council to direct staff to contact the Chamber to set up a meeting to
discuss issues.
NEW BUSINESS (continued from 04/17/2002)
AWARD OF CONTRACT TO ABATE A PUBLIC NUISANCE AT 12623
QUITO ROAD
STAFF RECOMMENDATION:
Adopt resolution; awazd bid; and authorize execution of contract.
Tom Sullivan, Community Development Director, presented staff report.
Director Sullivan reported that a hearing before a Superior Court Judge will be
scheduled to consider the City's request for a warrant to enter the premises and abate
the nuisance at the property located at 12623 Quito Road. The Court will not
determine the propriety of the warrant until after the Council chooses a contractor to
perform the abatement. The City Council's actions, however will allow us to
proceed immediately, once the Court grants the City permissions to proceed.
Director Sullivan explained that the City Manager is to keep an accurate accounting
of the abatement costs, which include investigative, administrative, direct abatement
costs and other reasonably related costs. Following completion of the abatement, the
City Manager must prepare a final itemized written report and present it to the
Council at a regular scheduled meeting.
Director Sullivan explained that the at least 10 days prior to the date of the City
Council meeting, a copy of the report and written notice must be mailed to Mr.
Michael Costa. The owner of the property. The notice must inform Mr. Costa that
the City intends to impose a lien against the parcel.
Director Sullivan reported that Stevens Creek Quarry Construction is the apparent
low bidder with a bid price of $73,900. Stevens Creek Quarry will perform the
following:
• Demolition of the stilt supported building
• Demolition of approximately 901ineaz feet of exposed reinforced 12" CMU
basement walls approximately 9 feet tall
• Demolition of approximately 601ineaz feet of steel I-beam and wood lagging
retaining wall
• Removal of all construction and demolition debris from the site
• Import compactable dirt to fill the excavated area and compact dirt to a
minimum of 90%
• Install chain link fence
BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING
2001-02 BUDGET IN THE AMOUNT OF $73,900 FROM UNALLOCATED
RESERVES. MOTION PASSED 3-0-0-2 WITH BOGOSIAN AND MEIIAFFEY
ABSENT.
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BAKER/WALTONSMITHMQVED TO AWARD BID TO STEVENS CREEK
QUARRY AND AUTHORIZE CITY MANAGER TO EXECUTE
CONTRACT. MOTION PASSED 3-0-0-2 WITH BOGOSIAN AND
MEHAFFEY ABSENT.
CITY COUNCIL ITEMS
Referring to a letter from Local Government Commission, Councilmember Waltonsmith
pointed out that the Commission is offering cone-time opportunity of state rebates and
low-interest financing to reduce energy costs by installing photovoltaic panels and cool
roofs.
Vice Mayor Baker noted that he received a notice that Marty Hicks from the County Fire
Marshall's Office resigned. Vice Mayor Baker noted that Mr. Hicks was a pleasure to
work with. Vice Mayor Baker noted that the County should increase the fee they charge
to the people who do not abate brush and weeds on their own property.
OTHER
None
CITY MANAGER'S REPORT
City Manager Anderson informed the Council that the KSAR Board recently allocated
funds to improve the sound system in the Adult Day Care Center.
City Manager Anderson noted that the council recently received an email regarding VTA
cuts and Council voiced concern on whether or not there was still funding for the
Highway 85 Noise Mitigation Project. City Manager Anderson noted that tomorrow at
the West Valley Mayors and Mangers meeting Mike Evanhoe/VTA is the featured
speaker. City Manager Anderson stated that he would ask Mr. Evanhoe if the funding is
still there.
ADJOURNMENT
Therebeing no further business, the Mayor declared the meeting adjourned at 10:35 p.m.
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