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HomeMy WebLinkAbout09-19-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL SEPTEMBER 19, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 5:20 p.m. to interview applicants for the Finance Commission, Citizen Oversight Committee, and Parks and Recreation Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:35 p.m. Conference with Legal Counsel pursuant to Government Code Section 54956.9 Existing Litigation; Name of Case: Marcinkowski v. Saratoga MAYOR'S REPORT ON CLOSED SESSION - 6:35 p.m. Mayor Mehaffey requested a moment of silence in the memory of the victims of September 11, 2001. Mayor Mehaffey reported there was Council discussion but no reportable action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:05 p.m. and requested Mr. Francis Stutzman, former Mayor of Saratoga, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Jonathan Wittwer, City Attorney Cathleen Boyer, City Clerk Ray Galindo, Accounting Supervisor John Cherbone, Director of Public Works Paula Reeve, Administrative Analyst Cary Bloomquist, Administrative Analyst City Council Minutes 1 September 19, 2001 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 19, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 19, 2001 was properly posted on September 14, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS The following people spoke at tonight's meeting: Francis Stutzman, 15195 Park Drive, reported after installing an alarm system he has had three false alarms and fined $75.00 each time. Mr. Stutzman admitted two of the occasions the alarm company was at fault but the third time it was not appropriate. Mr. Stutzman asked the Council for a clear definition of a "false alarm" and suggested the Council reconsider the ordnance. Ester Kim, 3287 Fowler Avenue, noted that she is concerned about several safety issues at the bottom section of Parker Ranch Trail. Ms. Kim pointed out that the following safety issues: · Closure of trail forces bicyclists to ride up a dangerous section of Prospect Road to get to Fremont Alder Preserve · Bicycle traffic on Prospect Avenue is dangerous to riders as well as others · Inconsistent signs on trail Ms. Kim requested that the City Council investigate this trail section. Henry Pastorelli, Vice President/R.O.M.P., 1207 Lisa Court, Los Altos, noted that he was representing R.O.M.P., the largest bicycle group in south bay. Mr. Pastorelli noted that the group takes weekly rides to Fremont Alder Preserve and have seen Ms. Kim's concerns first hand. Mr. Pastorelli urged the Council to investigate the lower section of the Parker Ranch Trail. Debra Briggs, Director/Silicon Valley Animal Control, noted that she was present tonight at the request of Councilmember Bogosian to update the Council on the recent incidents involving cats. Ms. Briggs noted that on last week two cats were found tied up and City Council Minutes 2 September 19, 2001 burned on railroad tracks in Saratoga. Ms. Briggs reported that a resident, who immediately called the Sheriff's Department, spotted a third cat in the same situation. Ms. Briggs noted that this resident was able to get the license plate number, which resulted in the arrest of two juveniles who reside in Campbell. Ms. Briggs noted that the cat is severely burned, but still alive. Captain Bacon added that the two juveniles were in custody. Captain Bacon noted that both boys were extremely close to turning eighteen, which may help to prosecute them as adults. COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith noted that she would like staff to look at the definition of false alarms. Councilmember Bogosian requested that Animal Control keep the City informed in regards to the prosecution of the two juveniles and suggested that the City write a letter to the District Attorney supporting prosecuting the boys as adults and sentencing them to the maximum sentence allowed. Councilmember Waltonsmith suggested that the resident who helped arrest the boys be presented with a commendation from the City. Mayor Mehaffey requested additional information on the safety issues pointed out by Ms. Klm on the bottom section of the Parker Ranch Trail. ANNOUNCEMENTS Mayor Mehaffey reported that there were two positions to be filled on the Ad Hoc Committee for the Public Safety Center, four vacancies on the Finance Commission, and five positions available on the Saratoga Community Foundation Board of Directors. Mayor Mehaffey announced at the Saratoga Fire District would be holding BBQ on Sunday, September 22nd at the Farmer's Market to benefit the victims of the September 11 th attack. CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE OF PUBLIC SAFETY COMMISSION MEMBER STAFF RECOMMENDATION: Approve Resolution of Appointment and Administer Oath of Office. TITLE OF RESOLUTION: 01-063 City Council Minutes 3 September 19, 2001 RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO THE PUBLIC SAFETY COMMISSION City Clerk Boyer administered the Oath of Office to Ronny Santana. BAKERJBOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING RONNY SANTANA TO THE PUBLIC SAFETY COMMISSION. MOTION PASSED 5-0. Mayor Mehaffey declared that it was the appropriate time to begin the public heating. PUBLIC HEARINGS CAPITAL IMPROVEMENT PROGRAM STAFF RECOMMENDATION: Open public hearing; close public hearing; accept report and direct staff accordingly. John Cherbone, Director of Public Works, presented staff report. Director Cherbone reported that at the CIP Study Session in June and at the meting in August, Council discussed 39 proposed new CIP projects that totaled $13,130.00. Currently the Council has identified 23 projects, which are proposed to receive full or partial funding for a total of $8,220.00. Director Cherbone explained the total funded amount by funding source as follows: · GeneralFund: $4,190,000 · Park Development: $1,505,000 · Grant Source; $1,900,000 · Other Source: $425,000 Total: $8,220,000 Director Cherbone explained the City's Fund Balance Reserves available for the above sources: · GeneralFund: $6,4971,782 · Park Development: $1,000,000 ($425,000 fund balance, $375,000 park Bond Act, $200,000 Anticipated Park-In-Lieu Fees) Director Cherbone explained the balance of the City Reserve Funds after project funding: · GeneralFund: $2,101,782 · Park Development Fund: $505,000 City Council Minutes 4 September 19, 2001 Director Cherbone noted that the next steps in the five-year CIP are: · Study Session with the Finance Commission · General Plan and Environmental Public Hearing with the Planning Commission · Final Public Hearing with the City Council. Mayor Mehaffey opened the public heating at 7:30 p.m. Frances Colletti, 12185 Terrence Avenue, requested that the City Council reconsider funding landscaping on the medians on Prospect Road. Mrs. Colletti reported that she has collected 270 signatures supporting this project from residents around Prospect Road. Mrs. Colletti noted that it is one of the gateways into Saratoga and should look nice. Emma Wyckoff, 18660 Paseo Lardo, stated some of the surrounding neighborhoods have not had an adequate opportunity to review the Azule Park Master Plan that is listed on the CIP. Ms. Wyckoff requested that this item be continued to the next meeting. Ms Wyckoff requested funding for adequate maintenance at E1 Quito Park. Ms. Wyckoffnoted that she visited City Hall and requested a copy of the CIP and was told it was not available to the public. Elaine Clabeaux, Chair/Parks and Recreation Commission, reminded the City Council the Parks and Recreation Commission top four CIP projects: 1) Playground Safety, 2) Park and Trail Repairs, 3) El Quito Park Improvements 4) Azule Park Improvements. Chair Clabeaux commented that it is still a goal of the Commission to find a home for the Pony League. Judy Alberts, 20747 Lowena Circle, reminded the City Council that they promised the Pony league that a field would be provided to them for practice and games. Mrs. Alberts also noted that practice fields were promised to AYSO and CYSA. Mrs. Alberts noted that she did not see anything in the CIP that indicated any space or money for these user groups. Sheila Ioannou, 13624 Vaquero Court, noted that she is disappointed with the City for not backing their promises to the various sport organizations. Mrs. Ioannou noted that these organizations provide a safe environment that our children can participate in. Karen Murphy, 12590 Paseo Lardo, noted that E1 Quito Park needs money for general maintenance and an upgraded irrigation system. Mayor Mehaffey closed the public heating at 7:55 p.m. Councilmember Baker noted that he is disappointed that when requested members of the public were not readily provided with a copy of the CIP. City Council Minutes 5 September 19, 2001 City Manager Anderson noted that the CIP would be made available on the City's website and at the Public Works Department. Vice Mayor Streit commented that several speakers commented on the inadequate condition of E1 Quito Park. Vice Mayor Streit noted that he recently walked through El Quito Park and noticed several safety hazards - a new irrigation system and new sod is desperately needed. Vice Mayor Streit noted he supports adding E1 Quito Park to the CIP process and funding it through the General Fund. Councilmember Waltonsmith noted that the City has deferred maintenance on many parks for a very long time. Councilmember Waltonsmith asked if there are any temporary solutions that could be done without spending a lot of money. Director Cherbone noted that there are a few things that could be done temporarily but E1 Quito Park really needs a new irrigation system. Councilmember Baker noted that he feels that one of the most important jobs of being a Councilmember, in a minimum service city, is to maintain and support the infrastructure. In regards to Ms. Wyckoff comments, Mayor Mehaffey noted that tonight the Council is not approving the CIP. Mayor Mehaffey stated that on October 17th the public will have another opportunity to make comments and Council will consider the final approval of the CIP. Vice Mayor Streit noted that improvements at E1 Quito Park have to happen, even if the project is not funded until 2003. Director Cherbone noted that staff would monitor the budget every year and if the opportunity presents itself fimding adjustments would be made. Consensus of the City Council to put E1 Quito Park Improvements into the CIP. Councilmember Waltonsmith noted she supports a feasibility study on the medians on Prospect Road. Councilmember Baker asked if the City of San Jose and the City of Cupertino been contacted. Director Cherbone noted that he already contacted the City of San Jose but has not received any response. The City of Cupertino responded and would be City Council Minutes 6 September 19, 2001 interested in a joint project. Councilmember Baker suggested that Saratoga and Cupertino send the City of San Jose a proposal to jointly fund this project. Mayor Mehaffey noted that he supports Councilmember Waltonsmith request to fund the conceptual design for the medians on Prospect Road. Director Cherbone noted that he would recommend approximately $25,000 for this project. Consensus of the City Council to put funding in the CIP for the conceptual design for landscaping the medians on Prospect Road. Councilmember Waltonsmith thanked the members of the audience for coming tonight and providing input. Mayor Mehaffey declared a ten-minute beak at 8:20 p.m. Mayor Mehaffey reconvened the meeting at 8:30 p.m. and requested that the City Council move to item #5. Consensus of the City Council to move to Item #5. OLD BUSINESS 5. DRAFT HOUSING ELEMENT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staffreport. Director Sullivan that the draft Housing Element is the result of direction given at several City Council and Planning Commission meetings. Director Sullivan explained that consistent with the City Council direction, the draft Housing Element has been crafted so as to not delineate particular parcels as locations for higher density below market rate housing projects. A multi-prong approach was developed using projects already in the pipeline, an amnesty program for existing second dwellings, new second dwellings, a mixed use zoning overlay for all Commercial, Quasi-Public and Public land use designations. The other housing Program mandated by the state statute to be part of the Housing Element. Director Sullivan reported that the City's Consultant, Jeff Goldman, has identified about 45-acres that could be developed in mixed use projects over the next five City Council Minutes 7 September 19, 2001 years. The map included in the draft Housing Element does not individually depict the areas expected to be redeveloped in a mixed-use project. Mr. Goldman strongly suggests we identify the areas that make up the 45 acres. Staffwould suggest that we submit the draft Housing Element without individual sites identified and see how HCD responds. The Housing Element is as a stage that now requires a preliminary review by HCD to know if any additional items or more specifically is needed in any of the existing programs. Director Sullivan noted that his would not be their final review. Director Sullivan reiterated that fact that the City's responsibility to provide a setting in which housing may be constructed in compliance with the income distribution provided by ABAG. It is not the City's responsibility to construct any housing. It is further the City's responsibility to submit an annual report to HCD, which measured the success or progress of each of the programs found within the Housing Element. Director Sullivan noted that staff recommends the City Council review the draft Housing Element, provide direction to staff regarding any adjustments to the document and authorize the Mayor to sent the draft Housing Element to the HCD and the State Department for their preliminary review. Director Sullivan noted that this is not a formal hearing for the Housing Element; this is just the authorization to send the draft to the HCD. Councilmember Bogosain noted that he feels this draft document creates expectations from the HCD. Director Sullivan responded that HCD would look at the City's draft Housing Element as a preliminary document. Councilmember Bogosian noted asked if the City could make changes after HCD reviews the preliminary document. Director Sullivan responded that the City would have to justify the changes. Councilmember Baker stated the City has developed the best possible Housing Element possible. Councilmember Baker noted that the City has to send the draft to HCD and gain a corporative relationship with the assigned State staff member. Councilmember Baker noted that the City has to get an approved Housing Element by December 31st deadline - no matter what. Councilmember Bogosian questioned page 9, Program 5.2 - Homeless and Transitional Houses Facilities and Services. Councilmember Bogosian asked if this overlay is ever enacted, that spreads these types of units all over the City of Saratoga, are there any set standards for such establishments in the City of City Council Minutes 8 September 19, 2001 Saratoga. Director Sullivan noted that the City has given itself until July 1, 2002 to establish such standards. Councilmember Bogosian stated that he is a resident on one of the areas identified for this type of overlay and speaking for a number of people who feel it is inappropriate because there are no set standards to protect and guarantee their quality of life and safety. Mayor Mehaffey asked if the City could narrow the zoning after HCD approves the Element to a smaller area. Director Sullivan responded if the zoning were changed the Housing Element would have to be amended. Mayor Mehaffey opened the public heating at 8:30 p.m. Muriel Mahrer, 13577 Myren Drive, noted that if previous City Councilmembers acted on this issue in the past, the City would not have such problems today. Ms. Mahrer noted that she supports inclusionary zoning, density bonus, and amnesty programs. Jeff Schwartz, San Marcos Court, stated that prior City Councilmembers ignored low-income housing. Mr. Schwartz commended City staff, JeffGoldman, and the City Council for all of the effort that has gone into the Housing Element. Mr. Schwartz commented that as it stands now, the Housing Element does not threaten the character of the City. Vic Monia, Granite Way, stated that the Housing Element maintains the character of Saratoga. Mr. Monia thanked City Staff for all their hard work. Emma Wyckoff, 18660 Paseo Lardo, requested that the City do a better job educating the conununity on issues such as the Housing Element, she personally did not know what is was until tonight. Betty Feldhym, 20184 Franklin Drive, fully supports the draft Housing Element and concurred with the points Muriel Mahrer brought up. Mayor Mehaffey Closed the public hearing at 9:00 p.m. Councilmember Bogosain noted that he is uncomfortable with the whole process and he noted that he agrees with Ms. Wyckoff that the citizens of Saratoga are not sufficiently informed in regards to the Housing Element. City Council Minutes 9 September 19, 2001 Councilmember Bogosian stated that he would be voting against sending the draft Housing Element to HCD. Councilmember Bogosian stated that it is not the Housing Element that he is uncomfortable with but the process. Councilmember Bogosian stated that guidelines should be in place before agreeing to have them in a particular neighborhood. Vice Mayor Streit asked how long it would take to get a response back from HCD. Director Sullivan responded approximately 60 days. Mayor Mehaffey asked what the penalties would be if the City's Housing Element was not approved by December 31st. Director Sullivan responded that the City would be out of compliance and if someone sued the City it would take a judge to make the determination. Councilmember Waltonsmith noted that she was one of the Councilmembers that went to Oakland to try and prove that the numbers given to the City by ABAG were unrealistic. Unfortunately ABAG told the City that those were the numbers set, and the City must comply with them. Councilmember Waltonsmith noted that she supports sending the draft Housing Element to HCD. Vice Mayor Streit concurred with Councilmember Waltonsmith on sending the draft Housing Element to HCD but also noted he agrees with Councilmember Bogosian that we cannot change the character of Saratoga. Councilmember Baker noted that the City has had three years to act on this issue and unfortunately the staff at the time chose not to do anything about ABAG's projections. Councilmember Baker noted that the City must have an approved Housing Element that does not destroy the character of the City, preserves the quality of life, and provides for all the necessary elements that need to be included. The City Council thanked Director Sullivan for job well done. BAKER/STREIT MOVED TO AUTHORIZE THE MAYOR TO SEND THE DRAFT HOUSING ELEMENT TO THE HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. NEW BUSINESS 6. SHERIFF'S DEPARTMENT STATUS REPORT ON DEPLOYMENT OF NEW TRAFFIC OFFICERS City Council Minutes 10 September 19, 2001 STAFF RECOMMENDATION: Accept report and direct staff accordingly. Kevin Bacon, Captain/Santa Clara County Sheriff's Department, presented staff report. Captain Bacon reported that on November 1,200 the City Council voted to exercise the option in the Law Enforcement contract to increase Supplemental patrol hours to provide two additional deputies to address traffic issues. The additional enforcement has helped to address many of the traffic concerns relating to schools and neighborhoods. The Cities current traffic unit consists of four full time officers. Captain Bacon noted that staff is recommending taking the next step to transition the focus from enforcement to one community oriented policing to traffic issues. Captain Bacon noted that he would give a brief presentation outlining the statistics and accomplishments resulting from the additional traffic coverage. Captain Bacon noted that numerous complaints received from Saratoga residents regarding traffic issues. The complaints were forwarded to the Public Safety Commission who in turn recommended that the City Council approve two additional traffic Deputies. Captain Bacon reported that following statistical information: · Traffic citations have increased by 175% from 1558 to 4277 · Speeding citation increased by 320% from 671 to 2815 · Driver education via warnings increased 365% from 68 to 316 · Overall accidents decreased by 8.5% from 333 to 305 · Injury accidents decreased by 17% from 77 to 64 · Fatal accidents decreased by 100% from 1 (with two victims) to 0% · Accidents in which the primary factor was speeding decreased by 40% from 65 to 39 · Back-up assistance to regular patrol units increased by 112% from 249 to 539 responses · Traffic units first on the scene to alarm and 911 calls increased 135% from 63 to 148 responses · Directed enforcement ability and efforts (radar and monitoring) increased 215% from 962 responses to 3026 Captain Bacon briefly described the Sheriff's Department plans for the future: · Active involvement with Neighborhood Traffic Management Program (NTMP) · Establish School Traffic Safety Liaison Officer · Liaison with Department of Public Works City Council Minutes 11 September 19, 2001 · Liaison with businesses to address downtown traffic concerns · More community oriented policing projects Captain Bacon thanked the City Council for their continued support and stated that the City of Saratoga is one of the safest cities in the county and the state. Councilmember Bogosain complimented the efforts of the Sheriff's Department. Mayor Mehaffey noted that he has seen the difference in the City's traffic and speeding. Councilmember Waltonsmith noted that she would like to see the Sheriffs Department move forward with the child safety seat program. City Manager Anderson noted that one officer will make the transition to more community oriented projected. Vice Mayor Streit noted that the extra Deputies have done a great job and commented that school traffic is still a problem. Vice Mayor Streit noted that it is not a speed issue, but parents dropping offand picking up kids. Vice Mayor Streit noted that he fully supports the continued use of a bike officer in the Village. Mayor Mehaffey thanked the Sheriff's Department for coming to tonight's meeting. NEIGHBORHOOD TRAFFIC MANAGEMENT PLAN STAFF RECOMMENDATION: Accept report and direct staff accordingly. Paul Reeve, Administrative Analyst, presented staffreport. Analyst Reeve reported that the Neighborhood traffic Management Program (NTMP) is intended to provide the public with information and a Tool Kit to help identify appropriate traffic control measures to address neighborhood traffic problems. It illustrates the types of traffic management measures that can be used to control traffic on residential streets, and identifies a process whereby residents can work with the City to solve neighborhood traffic problems. Analyst Reeve noted that he NTMP document is designed to educate and empower residents with the tools to evaluate and become actively involved in the decision making process to find traffic management solutions in their neighborhood. Analyst Reeve noted that the NTMP is the culmination of several years of work by the Public Safety Commission, City Staff, and CCS Planning and Engineering. City Council Minutes 12 September 19, 2001 The Public Safety Commission reviewed the final draft at the July 2001 meeting. Emma Wyckoff, 18660 Paseo Lardo, stated that her neighbors have submitted suggestions to the Public Safety Commission to tackle issues on her street. Ms. Wyckoffnoted that the additional Deputies have made a difference. Ms. Wyckoff noted that the NTMP should have been posted on the City's website. City Manager Anderson noted that if the City Council accepts the NTMP, staff would begin scheduling neighborhood meetings. Mayor Mehaffey thanked everyone who participated in the process in preparing the NTMP. STREIT/BOGOSIAN MOVED TO ACCEPT THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM. MOTION PASSED 5-0. SCHOOL SAFETY SUMMIT REPORT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Paula Reeve, Administrative Analyst presented staff report. Analyst Reeve reported that staff was directed to form a subcommittee to evaluate solution to growing concerns about school traffic and safety issues. The Schools Transportation Task Force was formed and Bridgette Ballingall, Public Safety Commissioner took the role as the Subcommittee Chair. Analyst Reeve stated that the School Safety Summit Report is the second component of the Tool Kit. Analyst Reeve explained that the Saratoga Schools Transportation Task Force is a collaborative effort comprised of representatives 15o the school districts in Saratoga, law enforcement, the City, the community, and transportation agencies. As an outcome, the Task Force developed the School Traffic Calming Program, which provides a structure to manage school traffic and ensure implementation measures. Analyst Reeve noted that Commissioner Ballingall would give a brief presentation on the history of the Schools Transportation Task Force. Commissioner Ballingall reported that the Subcommittee was formed over a year ago to evaluate solutions to the growing concerns about school traffic issues and safety. Commissioner Ballingall explained that site evolutions of all the schools where performed and representatives from all schools met throughout the year and m. apped and discussed all relevant problems and brainstormed for short-term and long-term solutions for each school. City Council Minutes 13 September 19, 2001 Commissioner Ballingall noted that short-term solutions were implemented immediately and long-term solutions are outlined for further development by the SSTTF. Commissioner Ballingall explained the contents of the School Traffic Calming Program: 1. Enforcement and Monitoring 2. Signing and Striping 3. Rides to School Program 4. Site Improvements 5. Bussing 6. Pedestrian Safety Councilmember Waltonsmith asked Commission Ballingall if all of the school support this program. Commissioner Ballingall responded that 12 schools from three different districts have participated in the subcommittee and everyone supports the program. Councilmember Baker asked if Saratoga union School District started a bussing program yet. Commissioner Ballingall responded that a pilot program has been started using one bus at Redwood Middle School. Unfortunately, Commissioner Ballingatl commented the bus subscription is under funded; only twenty families are participating in the program so far this year. Commissioner Ballingall noted that bussing programs are extremely expensive to operate. Commissioner Ballingall noted that ALTRANS recently was awarded $36,000.00 in grant funds and purchased one clean airbus. Councilmember Baker strongly suggested to Commissioner Ballingall that the Task Force work on solutions to solve the traffic congestion at Redwood Middle School. Councilmember Baker noted that it impacts City Hall and the Post Office. Councilmember Bogosian thanked Commissioner Ballingall noting that the Subcommittee did a tremendous job. Councilmember Bogosain noted that his concern is the subscription-bussing program; he does not want to lock the City into a financial commitment to pay for the program in the future. Councilmember Bogosain noted that a bussing program has to be funded by cooperative efforts between all of the schools. A discussion took place in regards to how other districts pay for bussing services. City Council Minutes 14 September 19, 2001 Commissioner Ballingall noted that none of the districts in this county have a comprehensible bussing program. Commissioner Ballingall noted that one of the main objectives of the Task Force is to promote a comprehensible carpooling program and to continue the collaborative efforts of the Task Fome. The City Council commended Commissioner Ballingall and the rest of the Task Force for all of their efforts. WALTONSMITH/BAKER MOVED TO ACCEPT THE SCHOOL TRAFFIC CALMING PROGRAM. MOTION PASSED 5-0. CONSENT CALENDAR 2A. APPROVAL OF COUNCIL MINUTES OF: APPROVE COUNCIL MEETING MINUTES REGULAR MEETING - JULY 18, 2001 STAFF RECOMMENDATION: Approve submitted minutes. Councilmember Waltonsmith pulled the minutes of July 18, 2001 and requested the following be corrected. On page 18, 4th paragraph, the statement should read, "Councilmember Waltonsmith asked if people opposing this project attended the Planning Commission meeting". WALTONSMITH/STREIT MOVED TO APPROVE MINUTES OF JULY 18, 2001 CITY COUNCIL MINUTES AS AMENDED. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. STREIT/BOGOSIAN MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 2C. FINANCIAL REPORTS - YEAR END JUNE 30, 2001 STAFF RECOMMENDATION: Accept Financial Reports and adopt resolutions. TITLE OF RESOLUTION: 01-064 City Council Minutes 15 September 19, 2001 2D. 2E. RESOLUTION OF THE CITY COUNCIL MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2000/2001 BUDGET TITLE OF RESOLUTION: 01-065 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE PURCHASE ORDER AND RELATED APPROPRIATION CARRYOVERS FROM FISCAL YEAR 2000/2001 INTO FISCAL YEAR 20001/2002 STREIT/BOGOSIAN MOVED TO ACCEPT FINANCIAL REPORTS AND ADOPT RESOLUTIONS. MOTION PASSED 5-0. REVIEW OF PLANNING COMMISSION ACTION MINUTES SEPTEMBER 12, 2001 STAFF RECOMMENDATION: Note and file. STREIT/BOGOSIAN NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. APPROVE AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH SANTA CLARA COUNTY LIBRARY - JOINT POWERS FOR LIBRARY SERVICES STAFF RECOMMENDATION: Authorize execution of contract. TITLE OF RESOLUTION: 01-066 RESOLUTION OF THE CITY COUNCIL TO APPROVE AMENDED AND RELATED JPA AGREEMENT FOR LIBRARY SERVICES STREIT/BOGOSIAN MOVED TO APPROVE AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH SANTA CLARA COUNTY LIBRARY - JOINT POWERS FOR LIBRARY 2F. SERVICES. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO AWARD CONTRACT TO DURAN & VENABLES FOR 2001 PAVEMENT MANAGEMENT PROGRAM STAFF RECOMMENDATION: Authorize execution of contract. City Council Minutes 16 September 19, 2001 STREIT/BOGOSAIN MOVED TO APPROVE AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH DURAN & 2G. VENABLES. MOTION PASSED 5-0. ADOPT RESOLUTION MAKING APPROPRIATE BUDGET ADJUSTMENTS TO FY 2001-02 BUDGET - AZULE PARK MASTER PLAN STAFF RECOMMENDATION: Adoptresolution. TITLE OF RESOLUTION: 01-067 RESOLUTION FO THE CITY COUNCIL AMENDING THE 2001/2001 BUDGET FOR AN APPROPRIATION OF $80,000 FOR DESIGN AND ENGINEERING SERVICES AT AZULE PARK AND TO ESTABLISH CAPITAL IMPROVEMENT PROJECT #0110 "AZULE PARK IMPROVEMENTS" Emma Wyckoff, 18660 Paseo Lardo, requested that the City Council remove Item 2G from the Consent Calendar and continue it to the next meeting. Ms. Wyckoff noted that she feels it is too premature to approve this amount of money to improve one park in the City of Saratoga. Ms. Wyckoff asked that the City perform a comprehensive analysis on all the parks in the City and try and meet all the needs of the residents not just one group. Ms. Wyckoff requested a complete line item breakdown of the Azule Master Plan project. Jim Schindler, 12302 Goleta Court, noted that he has waited 30 years for this park to be developed and finally the City has made Azule park a priority. Mr. Schindler noted that the neighbors of the park worked very hard to get to this point. Mr. Schindler requested that the City Council approve this project and fund it appropriately. Katie Alexander, 12340 Goleta Avenue, agreed with the Mr. Schindler that the neighbors worked very hard and the process has taken months. Mrs. Alexander noted that over 150 people were involved in the planning process of the proposed Azule Master Plan and requested that Council approve this project and add it to the CI]?. Mayor Mehaffey read a letter for the record submitted by Mark Linsky, 14240 Barksdale Court. In his letter Mr. Linsky noted that the basic needs of the residents of Saratoga should be met before investing large amounts of money into one park that only serves a specific group of people. City Council Minutes 17 September 19, 2001 2H. 2I. STREIT/BOGOSIAN MOVED TO ADOPT RESOLUTION AMENDING BUDGET TO INCLUDE CIP # 0110 - AZULE PARK IMPROVEMENTS. MOTION PASSED 5-0. AUTHORIZATION TO CITY MANAGER TO EXECUTE COOPERATIVE AGREEMENT CONCERNING QUITO ROAD BRIDGE REPLACEMENT PROJECT STAFF RECOMMENDATION: Authorize execution of agreement. STREIT/BAKER MOVED TO AUTHORIZE EXECUTION OF AGREEMENT CONCERNING QUITO ROAD. MOTION PASSED 5-0 AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH SANTA CLARA COUNTY - PROPERTY TAX SETTLEMENT STAFF RECOMMENDATION: Authorize execution of agreement. Mayor Mehaffey pulled Item 2I from the Consent Calendar. Mayor Mehaffey noted that after reading the agreement he thinks the City is giving up our rights and not getting anything in return. Mayor Mehaffey noted he does not support this agreement. Mayor Mehaffey requested that the city write a letter to the County stating his objections and see what there view is. Councilmember Bogosian noted that he would support Mayor Mehaffey's request. Attorney Wittwer noted that the release language in Section 4.1 is very broad; it would be in the City's interest to try and negotiate that particular language. Consensus of the City Council to direct staff to write a letter to Santa Clara County regarding the Property Tax Settlement. OLD BUSINESS 4. PRESENTATION BY SANTA CLARA VALLEY TRANSPORTATION AUTHORITY - HIGHWAY 85 UPDATE City Council Minutes 18 September 19, 2001 STAFF RECOMMENDATION: Informational only. Director Cherbone announced that Mike Evanhoe/Valley Transportation Authority was scheduled to present the feasibility report on the grinding on Highway 85. Unfortunately, Mr. Evanhoe contacted the City and reported that some issues with Caltrans have not been resolved. Director Cherbone noted that Mr. Evanhoe indicated that he would report to Council sometime in October. NEW BUSINESS 9. CITY ARBORIST REQUEST FOR FEE INCREASE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Director Sullivan presented staff report. Director Sullivan explained that the City entered into a contract with Barrie D. Coates in July 1992. Under this contract the rate charged was 20% less than what Mr. Coates charged private clients. The rate charged to the City has not been changed even though the rates to private clients have changed significantly over the past nine years. Mr. Coates has requested that we discuss bringing fee they charge the City of Saratoga closer to what they charge their private clients. Currently, Director Sullivan noted that the rate charged to the City of Saratoga is 35.7% less than what he charges to private clients. Director Sullivan explained that a summary of revenues and expenditures for City Arborist activities in fiscal year 2000-2001. The deposit or fees are taken in at the beginning ora development project and the expenditures are spread over the life of the development activity, sometimes for years. The Planning Department tracks each deposit and wither refunds monies not spent or request additional payment if cost exceed the original debt. Any additional payments are required to be made prior to "Final" approval of the project. Director Sullivan noted that staff has identified five alternatives that the Council could consider and provide staff with direction. Director Sullivan briefly described each alternative: 11 Negotiate a contract amendment that is satisfying to both parties 2. Submit a "Request for Proposals" to all qualified arborist in the Santa Clara Valley region and bring back report and contract proposal to the City Council. 3. Require development applications and others who wish to remove "Ordinance" size trees to submit an Arborist Report at the time the applicant city Council Minutes 19 September 19, 2001 is submitted to the Planning Commission. 4. Create an in-house City Arborist position. 5. Decline to amend the contract. Vice Mayor Streit questioned if it's normal for a city to have a single source provider. Director Sullivan responded that the City of Saratoga has many single source contractors for specialty professions, although most cities review the contract after a few years. Councilmember Waltonsmith noted that the City of Saratoga is very proud of its trees and has worked hard to obtain a competent arborist. Councilmember Bogosain noted that he has been very satisfied with the work Mr. Coates has done so far. Councilmember Bogosian noted that Mr. Coates knows the history of Saratoga. Councilmember Bogosian noted he does not support an RFP process for this service. Mayor Mehaffey noted that it is the consensus of the Council that Mr. Coates work has been appreciated and well done but he feels it is his fiscal responsibility to proceed with a RFP and would encourage Mr. Coates to submit a proposal. Councilmember Baker noted that he is uncomfortable negotiating with Mr. Coates without gathering comparable data of what the market place could offer the City. Councilmember Baker noted that he agrees with his colleagues that Mr. Coates does have a qualitative value and knows the history of Saratoga, but other options need to be investigated. Vice Mayor Streit and Councilmember Waltonsmith stated they support Alternative 2. Councilmember Bogosian noted he could support the RFP, but does not support hiring any more staff members. Consensus of the City Council to prepare a RFP for City arborist services. 10. SEPTIC ABATEMENT HARDSHIP PROCEDURES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Paula Reeve, Administrative Analyst, presented staff report. City Counci! Minutes 20 September 19, 2001 Analyst Reeve briefly provided the background of the ordinance adopted by Council in February 2000 in an effort to improve the quality of underground and creek water in the region. The Ordinance requires septic systems in the city to be abandoned, and properties to be connected directly to the public sewer by August 21, 2000. Analyst Reeve noted that as a result the Community Development Department developed procedures to track and manage the process of implementing the new ordinance. Homeowners who met certain criteria set out in the code were granted exemptions or extensions. Analyst Reeve reported that to date 156 exemptions have been granted by the Community Development Department for various reasons Analyst Reeve noted that at its April 5, 2000 City Council meeting, Council allocated approximately $87,270 of Community Development Block Grant (CDBG) funds to provide assistance to property owners whose financial circumstances prevented than from complying. Staff processed requests for financial hardships into the CDBG funding process because it would result in installation of sewer connection for those who qualified under the HUD income limit guidelines. After two candidates were qualified, the Council asked to approve the sewer lateral connection contracts. Analyst Reeve noted that Councilmembers questioned why staff made the determination to process the applicants through the CDBG program, rather that invoking the hardship extension provision of the code. As a result, staff was directed to return to Council to receive direction regarding the approach to be used to process cases of financial hardships. Analyst Reeve briefly described the City's options as follows: 1. All Financial hardship requests for extensions/exemptions to be received by a City Council subcommittee for eligibility, Council subcommittee to provide staff direction concerning whether to process applicants through hardship extension beyond 50 year timeframe outlined, or through he CDBG program. 2. Application for financial hardship is processed according to income eligibility guidelines. Those applicants meeting CDBG income guidelines would be processed through the program. Applicants exceeding CDBG income guidelines would be processed through exception/extension process outlined in the ordinance and brought to City Council for review and approval. Analyst Reeve noted that to date Council has not granted any extensions beyond a 5- year basis due to financial hardships. Councilmember Baker stated that he does not believe that anyone has been informed that they have the option to go to the Council directly and ask for an extension past the five years. Councilmember Baker stated that as far as he is aware any person who has come to the City to request an extension or deferral due to financial hardships have only been referred to the CDBG process. City Council Minutes 21 September 19, 2001 Councilmember Baker noted that under no circumstances was it the City's intention to craft an ordinance that would force a person to sell their house in order to be in compliance. Councilmember Baker noted that it was his understanding, as described in the ordinance that the Council was to determine hardships. Councilmember Baker asked how much of the $87,000.00, that the Council set aside for hardships, has been used. Analyst Reeve responded that approximately $50,000.00 has been used for five connections. Mayor Mehaffey noted that the CDBG process is appropriate process but concurred with Councilmember Baker that forcing a person out of their home, if they are not qualified for CDBG funding, was not Council's intention. Mayor Mehaffey noted he supports a subcommittee and questioned if two Councilmembers are sufficient for a subcommittee. Attorney Wittwer noted that ultimately the final decision has to be made by the Council but a two-member subcommittee could review applications and make recommendations to the full Council. Consensus of the City Council to appoint Councilmember Baker and Councilmember Waltonsmith to the subcommittee to review applications for hardships to comply with the sewer ordinance. Consensus of the City Council to for a subcommittee review septic abatement hardship requests. MEHAFFEY/BOGOSIAN MOVED TO APPOINT COUNCILMEMBER BAKER AND COUNCILMEMBER WALTONSMITH TO PARTICIPATE ON THE SUBCOMMITTEE TO REVIEW APPLICATIONS FOR SEPTIC ABATEMENT HARDSHIP REQUESTS. MOTION PASSED 5-0. City Manager Anderson noted that currently there are four homeowners who have applied for assistance and have been approved by CDBG and requested direction from the Council. Councilmember Baker pointed out that all applicants should be aware of their options, either through CDBG or come before City Council. Mayor Mehaffey stated that the four applicants who have already qualified through the CDBG process should be released, but any new applications should be given the choice to come before Council or go through CDBG. Consensus of the City Council directed staff to process the four applicants who have already qualified through CDBG. City Council Minutes 22 September 19, 2001 AGENCY ASSIGNMENT REPORTS Mayor Mehaffey announced that he had no reportable information at this time. Vice Mayor Nick Streit noted that tomorrow night at the JPA Solid Waste meeting the discussion would be the potential extension of the Recycling and Yard Waste Contract, which expires January 2003. Vice Mayor Streit noted that after the JPA thoroughly discusses the issues he would ask the Mayor to agendize the options of the contract. Councilmember Baker reported that the new station manager at KSAR is working very hard to establish a budget. They are also in the process of replacing their assets, actively seeking grants and donations, and expanding their operation. Councilmember Baker noted that he attended the California Cities Association meeting and reported the following information: · Executive Director and Recording Secretary resigned. · Approved budget. · October 19, 2001 - coordinated by the City of San Jose "Walk for Domestic Violence". Councilmember Bogosian reported the following information in regards to the Library JPA: · Library JPA - approved changes in the JPA agreement. · Discussed staffing issues. · Next meeting in October. Councilmember Bogosian reported the following information in regards to the Silicon Valley Animal Control: · Up and running successfully for over a month. · Almost fully staffed · Drafting a Mission Statement. Councilmember Waltonsmith reported the following: · Chamber of Commerce's last two meeting have been closed to the public. · SASCC made $25,0000 at their annual fundraiser on August 25, 2001. Councilmember Waltonsmith noted that SASCC would also be hiring a part time social worker to come in 5 hours a week. · Sister City Committee would be holding a Moon Viewing on August 28, 2001 at Hakone Gardens. · Valley Transportation PAC - nothing to report. CITY COUNCIL ITEMS City Council Minutes 23 September 19, 2001 Councilmember Waltonsmith noted that she recently read an article in Western City magazine describing various city programs for recycling monitors, keyboards, etc. Councilmember Waltonsmith asked if the City would be interested in considering a similar program. Vice Mayor Streit responded that that type of recycling program is on the agenda for discussion at the next JPA Solid Waste meeting. Councilmember Waltonsmith requested information on the current Peach Fruit Fly issues. Councilmember Bogosian noted that as a resident of the Saratoga Fire District he received a letter today, not signed by any individual but printed on Fire District leatherhead, entitled "Saratoga City Council rejects fire station plans". Councilmember Bogosian requested that staff contact the District and ask them who paid for the publication of this letter. Councilmember Bogosian noted he received an email regarding the noise at the Mt. Winery and requested an update on the noise mitigation and the County Planning process. Councilmember Bogosian noted that he would be attending a tour of Mt. Umunhum sponsored by Mid Peninsula Open Space. Councilmember Baker asked when City staffwould be returning to Council with a follow up report to consider a construction-recycling program. Councilmember Baker reminded staff that when Council discussed the proposed construction-recycling program a few months ago he requested that City staff contact three prominent contractors to come before the Council and explain how these new proposed regulations would impact them. Councilmember Baker noted that he has never seen this many American flags displayed in Saratoga. Councilmember Baker stated that everyone should be saluted for it. OTHER None CITY MANAGER'S REPORT City Manager Anderson noted on Monday, Curtis Jewel/Postmaster, called him and reported that he recently spoke to his regional postmaster and was informed that he was not interested in selling the post office property on Saratoga Avenue. City Manager Anderson noted that after he reported this new information to the Ad Hoc Committee, he City Council Minutes 24 September 19, 2001 and Vice Mayor Streit met with the regional postmaster. After a long discussion, City Manager Anderson noted that the postmaster was quite corporative, offered a few potential options, and offered to work with the Ad Hoc Committee. ADJOURNMENT There being-no ihrther business, Mayor Mehaffey adjourned the meeting at 11:30 p.m. in the memo.ry.of, th.~ September 11th victims. /l~esp'~ct full y submi . ~ City C, lerk . .~:-f . city Council Minutes 25 September 19, 2001