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HomeMy WebLinkAbout11-20-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL NOVEMER 20, 2002 The City Council of the City of Saratoga met in Open Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:30 p.m. to interview three candidates for the Library Commission. 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 -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases) Conference With Legal Counsel -Existing Litigation (1 case) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community C college District (California Court of Appeal, Sixth Appellate District No. H022365) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported that the City Council. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 20, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 20, 2002 was properly posted on November 15, 2002. 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 None SPECIAL PRESENTATIONS lA. PRESENTATION -KATHY CRESWELL, HOUSING AND COMMUNITY DEVELOPMENT Kathy Creswell, HCD, congratulated the City Council and Tom Sullivan, Community Development Director, for an approved Housing Element and presented the Council with a certificate from the Housing and Community Development Department. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BAKER/MEHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 2B. FISCAL YEAR ENDED JUNE 30, 2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT STAFF RECOMMENDATION: Accept report. BAKER/MEHAFFEY MOVED TO ACCEPT COMPREHENSIVE ANNUAL FINANCIAL REPORT. MOTION PASSED 5-0. Jesse Baloca, Administrative Services Director, noted that California law requires cities to prepare an annual audit by an independent certified public accountant. Caporicci, & Larson, CPA's performed the City's fiscal year 2001-2001 audit. Gary Caporicci, Caporicci & Larson, 1300 Clay Street, Oakland, CA., noted that this was the first year the City reported under GASB34 reporting requirements. Mr. Caporicci noted that the City of Saratoga finances remain stable in its ability to maintain existing operations with current revenues. Mr. Caporicci noted that the City's primary focus for the new fiscal year is on its need to exercise caution and n maintaining operational balance. Mayor Streit thanked Mr. Caporicci for attending tonight's meeting and thanked Director Baloca for all of this hard work. 2C. PLANNING ACTION MINUTES -NOVEMBER 13, 2002 STAFF RECOMMENDATION: Note and file. BAKER/MEHAFFEYVMOVED TO NOTE AND FILE PLANNING ACTION MINUTES FOR NOVEMBER 13, 2002. MOTION PASSED 5-0. 2D. FY 2002-2003 CDBG COUNTY/CITY CONTRACT STAFF RECOMMENDATION: Adopt resolution and authorize City Manager to execute contract. TITLE OF RESOLUTION: 02-082 RESOLTUION OF THE CITY COUNCIL AUTHORIZING EXECUTION OF A CONTRACT WITH SANTA CLARA COUNTY FOR THE FY 2002- 2003 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BAKER/MEHAFFEY MOVE TO ADOPT RESOLUTION AND AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT. MOTION PASSED 5 -0. 3 PUBLIC HEARINGS 3. MAJOR UPDATE AND AMENDMENT TO THE TREE ORDINANCE STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution granting the Negative Declaration of Environmental Impact the Ordinance Amendment; waive first reading; place item on Consent Calendar for the next regular meeting for adoption. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that on October 23, 2002 the Planning Commission adopted a resolution recommending the City Council update and amend the City's Tree Ordinance. Director Sullivan noted that for the past several months it has become increasingly clear that the City's Tree Regulations, Article 15-50 of the Saratoga City Code were in need of a major rewrite. Recently, the Planning Commission established aSub-Committee to work on updating the Tree Regulations. This Sub-Committee consisted of Lisa Kurasch, Jill Hunter, Mike Garakani and himself. Director Sullivan noted that approximately ten years ago a great effort was made in this regard, the work that Commissioner Kurasch and others accomplished 10- years ago allowed the Sub-Committee to move rapidly toward having a draft ordinance before the Planning Commission for a Public Hearing and subsequent recommendation to the Council. Director Sullivan explained that the Tree Regulations needed to be updated and emended in order that there would be sufficient clarity to allow those who are affected by the regulations to understand what is expected prior to enforcement Action. Enforcement activities, when required, would be more straightforward due to the clarity. The intent of the update and amendments would provide clarity, not simply to make the ordinance more onerous. Director Sullivan explained the proposed revisions of the Tree Regulation section of Chapter 15-50 of the City Code as follows: • Change where and how tree sizes are measured to be consistent with International Society of Arborist standards, Diameter at Breast Height which is four and one-half feet from the ground at the high side of the tree if the ground is sloping • The diameter size of the ordinance protected Oak is proposed to be reduced to 6-inches from 10-inches and all other trees will be protected at a diameter of 10-inches. The revised Tree Regulations will include amuch-expanded set of definitions. The current ordinance has four definitions, the revised ordinance has 22. Greater detail is provided regarding minimum information to be provided on a site plan. It establishes a "notice" requirement for Tree Removal permit application. 4 • The revised regulations would provide that any pruning of a tree's crown that is greater that 20% of the crown in any single year of growth period would require a Pruning Permit. The pruning of agricultural trees is exempt. • Excavations or hardscape surfaces are not allowed within the root zone of any protected tree. • The revised ordinance provides the authority to require arborist reports for development projects. • The revised ordinance requires the submittal of a complete Tree Preservation Plan for development projects. • The ordinance calls for the establishment of a Tree Fund, separate and distinct for the General Fund. • The ordinance increases the violation from an infraction to a misdemeanor unless in the discretion of the enforcing authority charged and prosecuted as an infraction. A misdemeanor can always be reduced to an infraction by a Judge or dismissed by the City Attorney as part of a negotiated settlement. • The revised ordinance also requires that not only do any businesses, which remove protected trees performs pruning on protected trees have a City Business License, but also that they have a Certified Arborist on staff in a supervisory role. Director Sullivan noted that the following would be added to City Code section 15-05.020: • (p) To protect and preserve heritage trees, oaks and other significant trees throughout real property development planning and implementation processes. Director Sullivan explained several revisions and or corrections would be made to every section of the City Code concerning trees. Lisa Kurasch, Chair/Planning Commission, stated that the proposed tree ordinance is the continuance of what the Planning Commission started seven years ago. Chair Kurasch noted that the Commission has tried to develop an ordinance that is consistent and reflects what the City already practices. Chair Kurasch noted that the proposed ordinance clarifies the timing and expectations for applicants and for the public in regards to tree issues. Chair Kurasch noted that the proposed pruning section for the ordinance has been added as an added protective measure. Chair Kurasch noted that the proposed ordinance could have help deal with the Cutler/Breck issue. Mayor Streit opened the public hearing at 7:35 p.m. Tom Corson, noted that he has lived in Saratoga since 1978. Mr. Corson noted that several years ago his neighbor that abutted the back of his property had two ponderosa trees approximately 3 feet in diameter and 40-50 feet tall. Mr. Corson noted that those trees have since been cut down. Mr. Corson encouraged the City Council to adopt the proposed ordinance and suggested that t his ordinance should also apply to utility companies. Hugh Wright, 12243 Goleta Avenue, noted that the Planning Commission did an excellent job composing this ordinance. Mr. Wright stated that it's a very complex ordinance, one could easily violate inadvertently. Mr. Wright suggested that instead of criminal penalties it should be a civil matter. Bill Breck, 20375 Saratoga-Los Gatos Road, noted that he fully supported the proposed ordinance. Mr. Breck referred to the incidents that have bee happening in his neighborhood regarding destruction of protected trees. Mr. Breck noted that other cities have extremely tuff tree ordinances with severe monetary consequences. Mr. Breck stated the City needs a strict tree ordinance. Vic Monia, Granite Way, sited an example a few years ago when a developer cut down hundreds of trees and it took approximately five years to come up with a settlement of $125,000. Mr. Monia stated that since the City did not have a strong tree ordinance at the time the developer had to "settle" with the City and it was not considered a "fine". Mr. Monia stated he supported the proposed ordinance, but has a few concerns. Mr. Monia asked if a threshold has been established to trigger the City's involvement and also what is the cost would be to administer the ordinance. Cheriel Jensen, 13737 Quit Road, stated that she is the owner of a piece of property with over 120 trees on it. Ms. Jensen stated that in general she supports the ordinance, but there is no distinction in regards to the value of the trees in the proposed ordinance. C. Hollie Davies, 14478 Oak Place, noted that she hopes that the council redefines the present tree ordnance. Ms. Davies stated that the present ordinance only protects one part of the tree. Ms. Davies stated that a tree consists of a canopy, truck and roots. A tree ordinance is supposed to save heritage trees. Ms. Davies explained some of the issues that have been taking place in her neighborhood with the destruction of heritage oaks. Ms. Davies noted that Barrie Coates estimated that each tree that has been destroyed would cost at least $25,000 a piece to replace and at least 25 years to grow the canopy that was destroyed. Meg Caldwell, 20201 La Paloma Avenue, noted that the pruning permit is only triggered when pruning exceeds the ISA standards or when you are going to prune a tree that belongs to someone else. Ms. Caldwell stated that the proposed ordinance would help with neighbor disputes providing clarity and certainty where the City most needs it. Ms. Caldwell noted that the City Arborists should determine the value of trees. Mayor Streit closed the public hearing at 8:40 p.m. Vice Mayor Baker noted that in the proposed ordinance there are no provisions to the trees that cause destruction of sidewalk and sewer lines. Vice Mayor Baker questioned the permit process in regards to dead trees. Director Sullivan noted that on page 12 item points directly at trees that are damaging foundations of houses, sewer lines and sidewalks etc. the City usually grants those permits and in some neighborhoods replacement trees are required. Mayor Streit noted that he doesn't want this ordinance to interfere with the common homeowner from maintaining their homes. Director Sullivan suggested that an adhoc committee be formed to review the ordinance page by page and determine and identify improvements or deletions. Vice Mayor Baker concurred with Director Sullivan. Councilmember Bogosian noted that before this come backs for a second reading he would like some research done to see if the City does have a problem with pruning that warrants this type of legislative approach and a current matrix of what surrounding cities are doing in regards to trees, protection and enforcement. Councilmember Mehaffey noted that he supports the proposed ordinance. Concurrence of the City Council to wait until the reorganization to assign two Councilmembers to an adhoc committee. MEHAFFEY/BOGOSIAN MOVED TO ADOPT RESOLUTION GRANTING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT THE ORDINANCE AMENDMENT; WAIVE FIRST READING; PLACE ITEM ON CONSENT CALENDAR FOR THE NEXT REGULAR MEETING FOR ADOPTION. Motion passed 5-0. 4. AMENDING SIDE YARD SETBACK REQUIREMENTS STAFF RECOMMENDATION: Open public hearing; close public hearing; waive the first reading; place item on next agenda for adoption. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reported that City Staff has reviewed complaints regarding the interpretation of the side yard setback requirement for structures over 18-feet in height as it relates to existing structures and regarding on lots with substandard width. This appears to be another example of the "language of the ordinance vs. previous practice" syndrome. The imposition of the ordinance required side yard setbacks on lots with substandard widths create difficult designs. Director Sullivan explained that section 15-45.040 requires that for structures over 18-feet in height that the setbacks be increased on a one for one ratio. If design proposal for a house that is two story at 24-feet in height, the setbacks increase to 12-feet on both sides. 7 The resulting structure could only be 26-feet wide. Apparently, the previous practice was to have the increased setback on the second floor only. Section 15- 45.040 simply does not support that interpretation. Director Sullivan noted that the increased setback is the avoidance of bulk and mass at the minimum setback. For two-story dwellings the previous practice seems to meet this goal. However, this practice does not address single story dwellings that are over 18-feet in height. In the recent past, the Planning Commission has reviewed several single story dwellings that approach 26-feet in height. For single story structures in excess of 18-feet Planning Commission will have to use the Design Review process and required findings to avoid mass and bulk issues. Director Sullivan noted that the complaints that staff has received fall into two categories, first, nonconforming lots and second, second story additions wherein the first floor was built at the minimum setback. For the both of these cases Staff would suggest that the ordinance be amended to require that the second story be setback be the minimum plus an additional five feet. With this amendment, staff would further suggest that section 15-45.040 be deleted in its entirety. Mayor Streit opened the public haring at 8:50 p.m. Tom Corson, 18377 Swarthmore Drive, noted that all the lots in his neighborhood are nonconforming lots. Mr. Corson requested that the ordinance be more stringent. Mayor Streit closed the public hearing at 8:55 p.m. MEHAFFEY/BOGOSIAN MOVED TO WAIVE THE FIRST READING AND PLACE ITEM ON CONSENT CALENDAR FOR THE NEXT REGULAR MEETING FOR ADOPTION. MOTION PASSED 5-0. Mayor Streit declared at 10-minute break at 9:00 p.m. Mayor Streit reconvened the meeting at 9:10 p.m. NEW BUSINESS 10. GARDINER PARK ACCESS TRAIL ADJACENT TO WILDCAT CREEK STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that local residents living near Gardiner park area have been utilizing an easement controlled by the Santa Clara Valley Water District as an access trail to the Eastern end of Gardiner Park via Springhill Court for many years. Analyst Bloomquist noted that staff was notified last August by residents living in the area that the access to the trail had been blocked off by cyclone fences at Springhill Court and Gardiner Park entry points and wanted to know why the access trail had been closed. Analyst Bloomquist noted that research revealed that the Santa Clara Valley Water District had erected the fences and closed the trail in direct responses to a privacy/safety complaint received from a resident who lives along the trail whose back fence lies adjacent to the trail. When this information was conveyed to residents who had previously contacted the City, their response was to request the City reopen the trail. Staff explained the City was not able to reopen the trail because the trail is under the auspices of Santa Clara Valley Water District. Analyst Bloomquist explained to residents could circulate a petition to reopen the trail and bring the petition forward to the Parks and Recreation Commission for review, which the residents did on November 4, 2002. During the interim, staff at the Santa Clara Valley Water District expressed a willingness to explore options to reopen the trail if the City would be willing to enter into a Joint Use Agreement. Analyst Bloomquist explained that staff is requesting permission to work with the Santa Clara Valley Water District and the City Attorney in an effort to develop a Joint Use Agreement. Councilmember Bogosian asked Analyst Bloomquist how he would classify this "trail". Analyst Bloomquist responded that the trail is bordered on one side by property fences and the other side is the slope that drops off approximately 8 feet to the creek bed. Jennie Micko, Assistant Operations Officer/Santa Clara Valley Water District, noted that the Water District installed the gates at both ends of the trail in response to a neighbor's request. Ms. Micko noted that it is the District's policy to encourage trails but they like to have a "partner" when they have a trail along side a creek. The District likes to have a "partner" to help work thru trail issues. In regards to the distance to from the creek bed center and up the bank, Vice Mayor Baker asked Ms. Micko how far does the easement extend from the creek bed. Ms. Micko responded that it is fee/title right-of--way property. The District is not allowed to use easements for trails because the easements are only a maintenance easement. The Water District does own the property. Ms. Micko noted that along the informal trail there are some areas that are wide and some spots that are very narrow. There is not an exact distance from the centerline to the back fences. Vice Mayor Baker asked if there is adequate area on the creek banl: to support the trail from gate to gate. Ms. Micko responded that it in their opinion there is enough space, but there are some places where it's fairly narrow and the would be concerned in those areas, . Councilmember Bogosian asked if this was the first time the District has ever put up signs restricting the trail. Gary Nagaoko, Field Operation Unit Manager/ Santa Clara Valley Water District, responded that as far as he is aware this is the first time this trail has ever been closed. Vice Mayor Baker asked in the case of the two gates, they were erected because of one homeowner. Ms. Micko stated that the District had many phone calls from this particular homeowner. Vice Mayor Baker asked if the District contacted the City. Ms. Micko responded that the District contacted the City after the gates were installed when surrounding neighbors called protesting the trail closure. Arie Avnur, 13641 Springhill Court noted his concerns: safety of children along the trail, potential fire hazards and cleanliness of the creek. Mr. Avnur noted that the neighbors have not been given enough time to look at the problems surrounding the trail. Jim Tucker, 13645 Riverdale drive, noted that he has lived here for 28 years. Mr. Tucker asked why the City is involved. Mr. Tucker noted that although it is a nice trail there is a lot of trash and dog droppings that are left by trail users. Mr. Tucker noted that this issue has pitted neighbor against neighbor. Anna Tseng, 19090 Portos Drive, noted that she has lived across the street from Gardiner park fro the past 11 years. Ms. son to play in the park or along the creek. with keeping the trail open is safety. Tseng stated that she does not allow her Ms. Tseng noted that her main concern Anna Kraus, 18860 Aspesi Drive, noted that she has lived along the trial for 41 years and opposing keeping the trail open. Tom Brennan, 18605 Lyons Court, noted that he supports keeping the trail open. Mr. Brennan noted that he moved into this neighborhood six months ago [partly for the county atmosphere. Mr. Brennan noted that when he has used the trail he noticed dog droppings and garbage. Mr. Brenna noted that even if the trail were closed criminals would still find a way to get through. Dean Galland, 18713 Metlor Court, noted that he has two children, ages 2 and 4. Mr. Galland noted that they use the trail to get to Gardiner Park. Mr. Galland noted the trail provides a safe pedestrian access to the park. Mr. Galland urged the Council to keep the trail open. 10 Robert Smith, 13646 Riverdale Court, stated that he received notice of this meeting on Saturday and felt it wasn't enough time to prepare. Mr. Smith urged the Council to keep the trail closed. Mr. Smith stated the trail invades his family's privacy and puts them at risk. Mr. Smith noted that most people who use the trail litter and do not pick up their dog droppings. Mr. Smith noted that he has witnessed people cutting tree branches and digging the soil to be used as fertilizer. Mr. Smith noted that the people who singed the petition to keep the trail open do not live along the trail. Mr. Smith stated that at night different classes of people use the trail. Shahin Smith, 13646 Riverdale Court noted that the City would be wasting taxpayers' money to keep the trail open for a hand full of people. Mrs. Smith noted that her concern is the privacy issue. Mrs. Smith stated that she does not allow her children on the trail. Vice Mayor Baker asked Mr. Smith if his property had a cyclone fence. Mr. Smith responded yes. Vice Mayor Baker asked Mr. Smith if there was a gate in his back yard that leads to the trail. Mr. Smith responded that the gate was there when he purchased the house. Patty Allen, 18710 Aspesi Drive, noted that she has lived at this address for six years and uses the trail everyday. Ms. Allen noted that the trail is beautiful and peaceful. Mrs. Allen noted that she recently approached the Water District in order for her and her family to adopt the creek. Mrs. Allen noted that this trail has been in existence for 40 years. Mrs. Allen noted that upon recent contact made with the Sheriff s Department, they have no proof that certain criminal incidents happened in the area has anything to do with the trail. Mrs. Allen noted that all of the houses along the trail have wood fences except the Smith's house. Mrs. Allen urged the Council to keep the existing trail open. Beth McGuire, 18821 Aspesi Drive, noted that she has lived at this address for 12 years and in that time have used the trail often. Mrs. McGuire noted that she has never experienced and anything illegal. Mrs. McGuire noted that if the trail were closed many children would have to use the streets to get to the Gardiner Park. Mrs. McGuire urged the Council to keep the trail open. John Leong, 18830 Harleigh Drive, noted that he is a user of the trail. Mr. Leong noted that he heard the trail has been used for at least 40 years. Mr. Leong noted that he has never heard of any problems related to the trail. Mr. Leong noted that he supports keeping the trail open. Steven Allen, 18710 Aspesi Drive, noted that he supports keeping the trail open. Mr. Allen noted that closing the trail would not prevent home from being burglarized. 11 Don Wycoff, 18911 Harleigh Drive, noted that he has lived there since 1962. Mr. Wycoff stated that living next to the creek has been a tremendous amenity to his family. Mr. Wycoff stated that he supports keeping the trail open. Michael Schallop, 18857 Harleigh Drive, noted that he uses the trail 3-6 times a week. Mr. Schallop noted that his house was burglarized, but he still supports the trail. Mr. Schallop noted that although he respects his neighbors' privacy, they knew they were purchasing a home along a trail. Rita Brown, 18729 Aspesi Drive, stated for the people who have cyclone fence she quoted "good fences make good neighbors". David McIntyre, 18641 Casa Blanca Lane, noted that he moved to this neighborhood because of the direct access to the park. Mr. McIntyre noted that he uses the trail quit frequently. With the trail closed, Mr. McIntyre stated that he and his family have to take atwo-mile detour. Mr. McIntyre stated that he supports keeping the trail open. Liz Pridgeoan, 13621 Ferncrest, noted that she has lived at this address for 30 years and has never heard of problems along the trail. Ms. Pridgeoan noted that she doesn't ever remember the trail being closed. Ms. Pridgeoan stated that she supports keeping the trail open. Councilmember Mehaffey noted that the Council goes through this on every trail that abuts private property. Councilmember Mehaffey noted that this trail has been open for at least 40 years. Councilmember Mehaffey suggested that the gate be closed at night and reopened in the morning. An advantage of having the City as a partner is the City could direct the Sheriff's Department to monitor the trail like all the other parks and trails in the City. Councilmember Mehaffey noted that he supports reopening the trail. Councilmember Waltonsmith noted that research has shown the more a trail is being used the less criminal activity takes place. Councilmember Waltonsmith noted that she supports keeping the trail opened. Councilmember Waltonsmith noted that she would like to see the City take an active interest tin making it a better trail. Also, Councilmember Waltonsmith noted that she would like to see the neighbors work with the Parks and Recreation Commission (PRC) to work out the details. Councilmember Bogosian stated that he is not disputing the issues that the neighbors immediate adjacent to the trail stated this evening regarding vandalism and crime. Councilmember Bogosian stated that a public easement has been established for the public use of this property. Councilmember Bogosian stated that he supports keeping the trail open and working with the District to work the details out. Vice Mayor Baker stated that he is the Council liaison to the Parks and Recreation Commission and they voted 7-0 to keep this trail open. Vice Mayor Baker stated that the Trails Subcommittee have volunteered to take on the task on trying to work out an agreement with the District in order to transform this trail into a safe useable trail. 12 Mayor Streit concurred with his colleagues and noted that he does respect the concerns the neighbors have that live along side the trail. Mayor Streit stated that he supports the neighbors forming a committee to work with the Parks and Recreation Commission and the District. Mayor Streit noted that once all the issues are settled he supports the reopening the trail. Consensus of the City Council to direct staff to work with the neighbors to form a subcommittee to work with the PRC and the District to discuss the issues presented this evening and look into developing a cooperative agreement with the District. OLD BUSINESS REPORT AND RECOMMENDATION FROM THE COMMITTEE INTERVIEWS OF CITY ARBORIST SERVICES CANDIDATES STAFF RECOMMENDATION: Confirm the recommendation and authorize City Manager to execute contract. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that on October 28, 2002 Councilmembers Ann Waltonsmith and Stan Bogosian interviewed Deborah Ellis and David Babby. Their recommendation to the Council is that David Babby be appointed City Arborist. A discussion took place amongst the Council regarding the travel time Mr. Babby would charge the City. Councilmember Baker stated that he would not support the contract if Mr. Babby charged that City travel time. Councilmember Mehaffey requested a report from the sub-committee. Councilmember Waltonsmith stated that she Mr. Babby had the professional skills and the people skills, which are extremely important. Councilmember Bogosian stated that he concurred with Councilmember Waltonsmith that Mr. Babby had the customer service skills needed in Saratoga. BAKER/WALTONSMITH MOVED TO CONFIRM THE RECOMMENDATION OF THE SUB-COMMITRTEE AND APPOINT DAVID BABBY AS THE CITY ARBORIST WITH THE PRIVISO THAT TRAVEL COST BE ELIMINATED. MOTION PASSED 5-0. BAKER/MEHAFFEY MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT WITH THE PRIVISO THAT TRAVEL COST BE ELIMINATED. MOTION PASSED 5-0. 13 6. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Consider proposal for substitution of aggregate instead of smooth concrete for the walkway from Fruitvale to the front of the Saratoga Library; consider the addition of curbing in the parking lot at the Saratoga Library. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow presented a budget summary report as of November 1, 2002. Assistant City Manager Tinfow stated that no new change orders have been made since her last report. New change order requests include funds to correct or finish Phase I work that would eventually be charged back to Gen-Con's contract. Assistant City Manager Tinfow stated that the substantial completion date continues to be February 28, 2003, however Thompson Pacific has submitted a request for delay that is being evaluated by Gilbane. Assistant City Manager Tinfow stated that the Library Expansion Committee considered several changes to the landscaping plan. Tow of the changed follow: • Substituting aggregate for smooth concrete on the walkway that runs from the front of the building to Fruitvale Avenue at a cost of $6,000 • Installing raised curbing in the parking lot at a cost of $4,800 Assistant City Manager Tinfow stated that due to deadlines with the landscaping contractor the Library Expansion Committee is asking that Council consider their recommendations. BOGOSIAN/BAKER MOVED TO APROVE THE INSTALLATION OF RAISED CURBING IN THE PARKING LOT AT THE COST OF $4,800. MOTION PASSED 5-0. WALTONSMTIH/BOGOSIAN MOVED TO APPROVE THE RECOMMENDATIONS OF SUBSTITUING AGGRAGATE FOR SMOOTH CONCRETE ON THE WALKWAY THAT RUNS FROM THE FRONT OF THE BUILDING TO FRUITVALE AVNUE AT THE COST OF $6,000. MOTION PASSED 3-2 WITH BAKER AND MEHAFFEY OPPOSIONG. NEW BUSINESS 7. PLANNING FOR THE SARATOGA LIBRARY GRAND OPENING CELEBRATION STAFF RECOMMENDATION: Accept report and direct staff accordingly. TITLE OF RESOLUTION: 02-084 14 RESOLUTION OF THE CITY COUNIL AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIATION OF FUNDS TO B E ALLOCATED TO COVER EXPENSES RELATED TO THE SARATOGA LIBRARY GRAND OPENING Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the Saratoga Library will open to the public in Spring 2003. An ad hoc Council Subcommittee was designated at the last meeting to propose ideas for the Grand Opening event. The Subcommittee request direction on who to invite to participate on the Planning Committee, an appropriate budget and rough schedule. Assistant City Manager Tinfow explained that a meeting was held between two Councilmembers and staff and the following ideas were developed: • Invite representatives from the following organizations to work with appropriate City and Library staff to become Planning Committee: o Library, Arts, and heritage Preservation Commission o Library Expansion Committee, Citizen's oversight Committee and Friends of the Saratoga Library o Chamber of Commerce, the Historical Society and the Ministerial Association • Approve a budget of $10,000 and allocate funds by resolution • Plan a kickoff celebration on a weekend day after the library has been operating for some period of time with the possibility of other activities to occur throughout the following week Assistant City manager Tinfow explained that no funding has been budgeted for such a purpose. However, Council Contingency funds could be used. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUIOTN APPROPRAIRTON OF FUNDS FOR THE LIBRARY GRAND OPENING CELEBRATION. MOTION PASSED 5-0. 8. CONTRIBUTION TO FRIENDS OF THE SARATOGA LIBRARIES "FURNISHING THE FUTURE" CAMPAIGN STAFF RECOMMENDATION: Accept report and direct staff accordingly. TITLE OF RESOLUITON: 02-083 RESOLUTION OF THE CITY COUNIL AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE CONTRIBUTED TO THE FRIENDS OF THE SARATOGA LIBRARIES "FUNISHING THE FUTURE" CAMPAIGN Lorie Tinfow, Assistant City Manager, presented staff report. 15 Assistant City Manager Tinfow explained that the $15 million in bond funds approved by voters in March 2000 is restricted to construction expenditures and equipment purchases that are fixed to the building. As a result, furnishings and non-fixed equipment like computers cannot be purchased with bond funds. The Friends of the Saratoga Library pledged to raise all funds needed for furniture, equipment and additional collection materials for a total of $ 1.1 million. Assistant City Manger Tinfow stated that the fundraising campaign has included opportunities for donors to be recognized in a variety of ways. The names of larger donors will be engraved on a plaque to be hung in the entry hall of the new building. The Friends have submitted a request for a City of Saratoga contribution of $25,000 for which the City would be acknowledged on the plaque. Assistant City Manager Tinfow stated that with both the Fiends and the City committed to providing an outstanding building with outstanding furnishings and equipment, the contribution would be appropriate donation of public funds. Assistant City Manger Tinfow stated that no funding has been budgeted for such a purpose, however the City Council Contingency funds could be used. Councilmember Bogosian noted that he supports this contribution fully noting that the Friends of the Saratoga Library have come a long way to furnish the Library. Councilmember Bogosian stated that the Friends is the only group that raises money for the City other that the City. Bill McDonald, President/ Friends of the Saratoga Library, stated that the Friends are requesting a $25,000 contribution from the City Council and in return a plaque placed to the left of the door as you enter the library would be dedicated to the City Council. Vice Mayor Baker expressed his concern using the funds from the Council Contingency Budget. Councilmember Mehaffey noted that he normally would not support giving money to groups, but this group deserves it. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUIOTN APPROPRAIRTON OF FUNDS FORA $25,000 CONTRIBUTION TO THE FRIENDS OF THE SARARTGOA LIBRARY FUNDRAISING CAMPAIGN. MOTION PASSED 5-0. CITY PROPERTY LOCATED AT QUITO/POLLARD ROAD STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report 16 Analyst Bloomquist explained that the Parks and Recreation Commission (PRC) and the Trails Subcommittee have been discussing the disposition of two adjacent parcels of City-owned property located at the Northeast intersection of Quito and Pollard Roads. The Parks and Recreation Commission and the Trails Subcommittee are interested in designating these parcels as parkland, with the suggested name of "Oak Grove Park". Analyst Bloomquist noted that the PRC requested that staff determine the zoning of the parcels and if the parcels are designated as parkland. After researching this, staff determined the two parcels are not designated as parkland and are zoned R-1-40,000. These parcels were Quitclaim Deed to the City from the County in 1979, and appear to be related to a transportation easement and flood control area. Analyst Bloomquist noted that the staff was requesting direction from the Council on how to proceed regarding the deposition of these parcels. Councilmember Bogosian asked if there was any parking. Analyst Bloomquist stated the parcels are located at a busy intersection. Councilmember Waltonsmith asked who maintains the parcels. Director Cherbone noted that a local tree service adopted the land and maintains the parcels it at no expense to the City. Vice Mayor Baker stated that he is opposed to designating the parcel as a park simply because there is no parking. Vice Mayor Baker suggested that the City should sell the land at market value and the money from the sale could be put into a fund restricted for park development only. Councilmember Mehaffey stated that he concurred with Vice Mayor Baker's suggestion. Councilmember Waltonsmith noted that she is not in favor of selling City owned land. Councilmember Bogosian noted that he is not in favor of naming the parcels and suggested that the property be left as is. Mayor Streit noted that he is not in favor of naming of selling the land, but suggested maybe the City could trade it. Mayor Streit requested that staff find out how buildable the land is and report back at a future date. None 17 CITY COUNCIL ITEMS Vice Mayor Baker requested a status report on the next agenda regarding the negotiations with the Chamber of Commerce. Councilmember Waltonsmith supported Vice Mayor Baker's request. Vice Mayor Baker requested a status report on the City's legislative consultant Joe Gonsalves. Vice Mayor Baker stated that he feels Rebecca Elliott, Grassroots Coordinator from the League of California Cities is doing a great job working with the City on legislative issues. Vice Mayor Baker stated that the City should consider terminating the contract with Mr. Gonsalves. Councilmember Mehaffey supported Vice Mayor Baker's request. Vice Mayor Baker noted that the proposed emergency access road at Villa Montalvo has gone nowhere. Vice Mayor Baker noted that the Project Manager at Villa Montalvo has not returned his call for three weeks. Vice Mayor Baker referred to a letter from Marcia Farris who requested that the City reexamine the City Code section regarding political signs. Vice Mayor Baker requested that the City should look at this code section before the next election. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business Mayor Streit adjourned the meeting at 11:45 p.m. Respectfully submitted, Cathleen Boyer, CMC City Clerk 18