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HomeMy WebLinkAbout10-03-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL OCTOBER 3, 2001 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 5:05 p.m. to interview applicants for the Finance Commission, Parks and Recreation Commission and the Saratoga Community Foundation. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:45 p.m. Conference With Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code section 54956.9(b): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Vice Mayor Streit reported there was Council discussion but no action was taken. Vice Mayor Streit called the Regular City Council meeting to order at 7:06 p.m. and requested Councilmember Evan Baker, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Stan Bogosian, Ann Waltonsmith, Vice Mayor Nick Streit, ABSENT: Mayor John Mehaffey ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Melissa Eddy, Interim Director of Admin. Services John Cherbone, Director of Public Works Danielle Surdin, Economic Development Coordinator REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 3, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 3, 2001 was properly posted on September 28, 2001. City Council Minutes 1 October 3, 2001 COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Bob Egan, Saratoga Fire Commissioner, 14890 Montalvo Road, referred to the letter that the Saratoga Fire Commission sent to the City of Saratoga on October 1, 2001. Mr. Egan noted that the letter was requesting that the City Cotmcil reconsider the land use application of the Contempo Building. Mr. Egan also requested that the City Council and Fire Commission meet and discuss current issues regarding the Fire District. Bill Morrison, President Saratoga Firefighters Association, reported that on September 23rd, at the Farmers Market, the Saratoga Fire District and Central Fire held a BBQ and raised $75,000.00 in donations for the victims of September 11, 2001. Mr. Morrison thanked the Council for their continued support. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS Vice Mayor Streit stated that the City received a letter from the Saratoga Fire Commission requesting that the Council reconsider their decision made on September 5, 2001 in regards to the Use Permit application for the Contempo Building. Vice Mayor Streit noted that the only Councilmembers who were present that night could reconsider the decision. Councilmember Bogosian stated that he would not be interested in reconsidering the decision the Council made on September 5, 2001. Vice Mayor Streit concurred with Councilmember Bogosian. Vice Mayor Streit stated that since September 5, 2001 circumstances and issues have changed. Vice Mayor Streit noted that the Use Permit should be sent back to the Planning Commission and directed staff to expedite the process. Vice Mayor Streit noted the second communication from the Fire Commission is a request to meet with the members of the City Council for a discussion to try and solve some of the issues between both groups. Vice Mayor Streit asked if two Councilmembers would be interested in meeting with the Fire Commission. Consensus of the City Council to direct Councilmember Stan Bogosian and Councilmember Ann Waltonsmith to meet with the Fire Commissioner. COUNCIL DIRECTION TO STAFF None City Council Minutes 2 October 3, 2001 CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE OF CITIZEN OVERSIGHT COMMITTEE MEMBER KATHRYN ALEXANDER STAFF RECOMMENDATION: Adopt resolution of appointment. TITLE OF RESOLUTION: 01-063 RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO THE CITIZEN OVERSIGHT COMMITTEE BOGOSIAN/BAKER MOVED TO ADOPT RESOLUTION APPOINTING KATHRYN ALEXANDER TO THE CITIZEN OVERSIGHT COMMITTEE. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. City Clerk Boyer administered the Oath of Office to Kathryn Alexander, Citizen Oversight Committee Member. lB. APPOINTMENT AND OATH OF OFFICE OF FINANCE COMMISSION MEMBERS, RICHARD R. ALLEN AND EMILY GARBE STAFF RECOMMENDATION: Adopt resolution of appointment. TITLE OF RESOLUTION: 01-064 RESOLUTION OF THE CITY COUNCIL APPOINTING TWO MEMBERS TO TIlE FINANCE COMMISSION BAKERJBOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING TWO MEMBERS TO THE FINANCE COMMISSION. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. City Clerk Boyer administered the Oath of Office to Richard R. Allen and Emily Garbe. lC. COMMENDATION FOR RICHARD CARLSON, CHING-LI CHANG, ROBERT GAGER, AND MICHAEL GORDON, FINANCE COMMISSION STAFF RECOMMENDATION: Present Commendations. Vice Mayor Streit noted that the outgoing Finance Commissioners were unable to attend tonight's meeting and directed the City Clerk to forward the commendations to them. 3 October 3, 2001 City Council Minutes 1D. PROCLAMATION - DECLARING THE MONTH OF OCTOBER 2001 "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH" STAFF RECOMMENDATION: Read commendation. Vice Mayor Streit read the proclamation. Consensus of the City Council to move to Item 5. OLD BUSINESS PRESENTATION BY SANTA CLARA VALLEY WATER DISTRICT - REMOVAL OF COMER DEBRIS BASIN STAFF RECOMMENDATION: Informational only. Greg Zlotnick, Director/Santa Clara Valley Water District, presented a status report on the Comer Debris Basin Project. Mr. Zlotnick noted that the project objective was to assesS the existing creek dynamics value of the Comer Debris Basin and the feasibility and results of removing or modifying the Basin. Jason Christy, Unit Manager/Project Support, briefly explained the history of the Comer Debris Basin. Mr. Christy noted that the basin was built in 1972- 73. The purpose was to collect debris and sediments that were going down Calabasas Creek. Up until 1992 the District routinely maintained the basin. Since 1992, the basin has not been cleaned and has lost its capacity to trap sediment. Mr. Christy noted that the project objective of the study today is to assess the existing creek dynamics, value of the Comer Debris Basin and the feasibility and results of removing or modifying the basin. Mr. Christy noted that the District had held a public neighborhood meeting on August 21, 2001 to gather information and brainstorm options. Another public meeting is scheduled for December 2001. Mr. Christy noted that one of the concerns that the District is looking at is would the sediment accumulating under the bridge cause flow problems. Preliminary calculations show that the 100-year flood would barely pass under the bridge. Mr. Christy explained that there are two alternatives that have been discussed: 1. Do nothing - existing condition 2. Remove entire headwall, and preserve wingwalls 3. Partial removal of the headwall 4. Complete removal of the headwall City Council Minutes 4 October 3, 2001 Mr. Christy explained if Altemative 2 were chosen, the stream channel would be excavated to the width of the downstream channel to a point of 500 ft. upstream of the Comer Drive bridge to provide regular stream channel bed slope. Also, the remaining sediment would have to be stabilized in the basin and initiate a planting program. Councilmember Bogosian stated that he visited the site and noted that he could not walk under the bridge. Councilmember Bogosian asked what were the potential impacts on the bridge, in its present configuration, if flooding were to occur and what methodology was used to determine the impact of the 100-year flood. Mr. Zlotnick responded that he would forward an information packet to the City Council explaining the modeling of the 100-year flood. Robert Wallace noted that he has been walking this creek for 20 years and was the one who noticed that the creek was losing gravel downstream. Mr. Wallace noted that he supports Alternative 2. Mr. Wallace noted that in regards to the excavation he believes the channel bed slope should go at least 100 ft., not 500 fi. as suggested by the District. Mr. Wallace noted that Alternative 3 & 4 would be a waste of time. Marjorie Ottenberg, Foothill Lane, noted that she has lived on Foothill Lane for 40 years. Ms. Ottenberg noted that her concern is that the bridge could be washed out if flooding happens. Vice Mayor Streit thanked the Water District for their presentation. Vice Mayor Streit noted that it was the appropriate time to begin the Public Hearings and requested to move to Item 3. Consensus of the Council to move to Item 3. PUBLIC HEARINGS DRAFT HOUSING ELEMENT STAFF RECOMMENDATION: Conduct public heating. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reported 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 City Council Minutes 5 October 3, 2001 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 explained that some of the issues the Planning Commission considered at their public hearing were inclusionary housing programs and sound housing protection programs, but they decided not to include these programs in their recommendation to council. In their deliberations, the Planning Commission thought that more studies needed to be done before those programs go into 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 years. Councilmember Baker pointed out that the eight tables used in the Housing Element refer to data from 1990. Councilmember Baker noted that 2000 Census information should be in this document. Councilmember Baker commented that data, which is 11 years old, is very misleading. Director Sullivan responded that the US Census Bureau has been slow getting the 2000 Census information out. Director Sullivan added that it could take up to two years to get that information. Director Sullivan noted that after the Council meeting on September 19, which gave the Mayor authority to send the draft Housing Element to HCD, he had an initial meeting with the City's HCD representative. Councilmember Baker pointed out an error on Table 10, page 32. Councilmember Baker requested that the map on Saratoga on Page 11 include a legend. Vice Mayor Streit opened the public heating at 7:43 p.m. Muriel Mahrer, 13577 Myren Drive, referred to page 6, Section 2.3 and noted that if the City included the inclusionary element that would be one way to generate cash for affordable housing programs. Ms. Mahrer also noted she supports that mixed-use developments be scattered throughout the city. Robert Essler, 18644 Paseo Lardo, supports low-density neighborhoods. Mr. Essler noted that he feels that constructing low-income housing in existing neighborhoods bring the property value down. Mr. Essler stated that he worked very hard to buy in Saratoga no one gave him low income housing and does not support any low income housing programs. Mr. Essler noted that currently there are several illegal subdivided homes in his neighborhood being used as rental units. Mr. Essler requested an explanation of the repemussions to the City if the Housing Element is not in compliance with the State's requirements. City Council Minutes 6 October 3, 2001 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 explained that some of the issues the Planning Commission considered at their public hearing were inclusionary housing programs and sound housing protection programs, but they decided not to include these programs in their recommendation to council. In their deliberations, the Planning Commission thought that more studies needed to be done before those programs go into 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 years. Councilmember Baker pointed out that the eight tables used in the Housing Element refer to data from 1990. Councilmember Baker noted that 2000 Census information should be in this document. Councilmember Baker commented that data, which is 11 years old, is very misleading. Director Sullivan responded that the US Census Bureau has been slow getting the 2000 Census information out. Director Sullivan added that it could take up to two years to get that information. Director Sullivan noted that after the Council meeting on September 19, which gave the Mayor authority to send the draft Housing Element to HCD, he had an initial meeting with the City's HCD representative. Councilmember Baker pointed out an error on Table 10, page 32. Councilmember Baker requested that the map on Saratoga on Page 11 include a legend. Vice Mayor Streit opened the public hearing at 7:43 p.m. Muriel Mahrer, 13577 Myren Drive, referred to page 6, Section 2.3 and noted that if the City included the inclusionary element that would be one way to generate cash for affordable housing programs. Ms. Mahrer also noted she supports that mixed-use developments be scattered throughout the city. Robert Essler, 18644 Paseo Lardo, supports low-density neighborhoods. Mr. Essler noted that he feels that constructing low-income housing in existing neighborhoods bring the property value down. Mr. Essler stated that he worked very hard to buy in Saratoga no one gave him low income housing and does not support any low income housing programs. Mr. Essler noted that currently there are several illegal subdivided homes in his neighborhood being used as rental units. Mr. Essler requested an explanation of the repercussions to the City if the Housing Element is not in compliance with the State's requirements. City Council Minutes 6 October 3, 2001 Lisa Liu, 20291 Merrick Drive, noted that she represents the Teachers Housing Initiative Committee. Ms. Liu explained that the Committee helps teachers find affordable rentals in the area. Ms. Liu noted that the most popular rentals found so far are cottages and second units. Mrs. Liu noted that she supports second unit amnesty program. Betty Feldhym, 20184 Franklin Avenue, noted that she supports inclusionary zoning. Ms. Feldhym congratulated the City Council for the completion of the Housing Element. Marjory Bunyard, President/League of Women Voters, noted the League has always supported affordable housing. Ms. Bunyard thanked the City Council for completing the Housing Element. Ms. Bunyard suggested that the City explain to the residents of Saratoga the financial ramifications if the City does not comply with the State's requirements. Councilmember Bogosian noted that many of Mr. Essler's points are valid. Councilmember Bogosian noted that he is concerned that the City might be put in a situation where some of the sanctions that are presented in the Housing Element could not be implemented and the City potentially could be noncompliant to the State Housing laws. Councilmember Bogosian noted that the City would not be able to provide the basic services in Saratoga if particular sanctions were levied. Councilmember Bogosian concurred with Ms. Bunyard that the community needs an explanation of the financial consequences that would be imposed on the City. Councilmember Bogosian noted that he would like to keep the density as low as possible so the City is not in a situation where there would be a risk of loosing basic services. Councilmember Bogosain noted that he would be financially irresponsible if he were to endorse a plan that would put the City at risk. Councilmember Bogosian asked staff for any information concerning financial repercussions that could be imposed on the City. Vice Mayor Streit closed the public heating at 7:55 p.m. In response to Councilmember Bogosian's questions, Director Sullivan explained that since Senator Dunn's bill was made a two-year bill and its fate is not known for certain, we are not clear on what the fines and penalties would or could be. Director Sullivan explained that when we were faced with the bill becoming a law effective January 1, 2002 the penalties to cities in California could have gone up to a million an a half dollars. Director Sullivan noted that there are other sanctions that are already in place that effect cities in California if you do not have an adequate Housing Element. Director Sullivan noted that it has been the Council's direction to him to put together a housing element that is legally adequate so the City would not be faced with any penalties. City Council Minutes 7 October 3, 2001 Councilmember Waltonsmith noted she supports having an adequate Housing Element and acknowledges that the State is mandating a number of elements in it. Councilmember Waltonsmith noted that Mr. Essler brought up some important issues. Councilmember Waltonsmith noted that the City Council does not want to disrupt neighborhoods by putting an element in a neighborhood that does not fit. Councilmember Waltonsmith noted that she had been an advocate for having a Housing Element built for the whole city and not identifying a particular neighborhood that would get hit with all the elements. Councilmember Baker noted that this was a state mandated program with no backup revenue stream. Councilmember Baker noted the he was concerned that if the Dunn Bill passed, three elements of it would have severely impacted the City 1) $100 thousand dollar fine up front for not having an approved Housing Element 2) a potential loss of an annual revenue stream of at least $1 million 100K and annual revenue stream 3) the possibility of a law suit against the City for the lack of adequate housing. Councilmember Baker noted that he supports the City getting an approved Housing Element. Councilmember Baker noted that he is committed to not destroying the lifestyle of Saratoga, and not to change the density of Saratoga. Councilmember Baker noted that there are ways the City can and have crafted approvable Housing Element that will comply with the State and still protect the City. Vice Mayor Streit commended Director Sullivan for completing the Housing Element. Vice Mayor Streit noted that he would do whatever it takes to preserve the character of the City's neighborhoods. Vice Mayor Streit thanked Director Sullivan for doing a great job. city Council Minutes $ October 3, 2001 APPEAL OF PLANNING COMMISSION APPROVAL OF DR-01-007 & BSE-01-011 (397-17-034) - CHEN, 19751 VERSAILLES WAY; APPLICANT: CHEN / APPELLANT: PILLAI STAFF RECOMMENDATION: Conduct public heating; Deny the appeal; Uphold the Planning Commission's decision with additional conditions of approval. Allison Knapp, Planner, presented staff report. Planner Knapp stated that on August 8, 2001 the Planning Commission approved the project to construct a 5,986 square foot, one story residence. Planner Knapp explained the various factors of concern the Planning Commissioners had when they discussed this project: · Screening for privacy along the right side of the property line · Incorporating roof tile that more closely matched the color of the building · Continuing the stone proposed for sedimentation around the windows and around the side of the building · Increasing the front setback an additional five feet (55ft. front set back opposed to the 50 ft setback proposed by the Applicant) to minimize view impacts · Planting additional landscaping in the front of the building to reduce the formal look of the front facade. Planner Knapp explained that after public testimony and Planning Commission discussion the Commission voted to add the following conditions to the project approval: · Plant additional Redwood trees along the property line · Tile roof shall compliment the color of the building · Apply more stone around the arches and walls under the windows. The stone under the windows shall wrap around the side of the structure. · Increase the front setback an additional five feet · Plant additional landscaping in front of the building to soften the entry. At a minimum plant two mature Olive trees at either end of the portico Vice Mayor Streit opened the public hearing at 8:10 p.m. and noted that both the Appellant and the Applicant had ten minutes to speak. Director Sullivan noted that neither the Appellant nor the Applicant were present tonight. Ritchi Zutchi, Planning Commissioner, stated that the Planning Commission had many problems going through this project. Commissioner Zutchi stated that the project was eventually approved with five added conditions. city Council Minutes 9 October 3, 2001 Councilmember Waltonsmith requested clarification on the Planning Commission's approved setback. Councilmember Waltonsmith asked if it was 55 ft. or 48 ft. Commissioner Zutchi noted that the Commission approved a 55ft setback. Planner Knap responded that after the Planning Commission acted to increase the setback to 55ft., the Applicant and Appellants met in the neighborhood. The property owners on the East and the West both felt they would both have a better view corridor if the setback from the front property line were 48 ft. Councilmember Waltonsmith noted that she is uncomfortable approving a setback that the Planning Commission did not approve. Commissioner Zutchi added that other houses on this street vary and are different in character. David Lee, 19737 Versailles Way, stated that he opposes the project because it would block his view of the mountains. Catherine Lin, 19779 Versailles Way, noted that she lives across Mr. Chen's house. Ms. Lin noted that her main concern of the project is the height. Ms. Lin noted that a 26ft. house would block her views of the mountains. Ms. Lin requested that the Planning Commission reconsider the design and make an adjustment to the height of the house. Greg Kawahara, Architect, 5466 Mollie Cimle, Livermore, noted that at the Planning Commission meeting they decided to move the house 5ft back from the initial location. Mr. Kawahara noted the next Saturday he held a neighborhood meeting and told the neighbors that the house was being moved back 51l. Unfortunately Mrs. Fox and Mr. Pillar were not present so he held a separate meeting for them. Mr. Kawahara stated that after walking the property with them in more detail the Mr. Pillar and Ms. Fox asked that the house be moved 7ft. forward. Mr. Kawahara noted he was happy to comply with that request. In regards to the height of the building, Mr. Kawahara noted that he had a surveyor go to the neighborhood and do a study of the height of the surrounding houses. Mr. Kawahara noted the proposed design would not be the highest house in the neighborhood. Joan Fox, 19680 Versailles Way, noted that she did meet with the builder and the architect. Mrs. Fox noted that her concern was that the length of the house would block her view and prevent light from coming into her house. Councilmember Baker questioned if she felt the issues were resolved at the Planning Commission meeting. City Council Minutes 10 October 3,2001 Mrs. Fox responded that they were out of the state when the meeting took place. Mrs. Fox noted that when she found out what happened at the Planning Commission she contacted the builder and met with him. Mrs. Fox explained that the builder ran a string and showed her how far back the house would go. Mrs. Fox noted she likes the house further up on the property line. Councilmember Baker noted that he is ready to dismiss the entire appeal based on insufficient and inadequate data. Councilmember Baker pointed out that the explanation of the appeal that was filed stating they opposed the "design". Councilmember Baker noted that he supports the Planning Commission's decision. Councilmember Bogosian asked if all the neighbors were noticed. Planner Knapp responded that all the neighbors were noticed. Councilmember Bogosian stated that any neighbor who had concerns with this project should have been at the Planning Commission meeting. Councilmember Waltonsmith noted that she is reluctant to override a Planning Commission's decision unless there was information that comes forward later or if a decision wasn't handled well. Councilmember Waltonsmith noted that she is ready to deny the appeal but doesn't support the decision to move the house back after the Planning Commission meeting. Planner Knapp noted that three requests were added to the project after the Planning Commission housing for the pool equipment, the setback, and the relocation of the oak tree along the East property line to the rear. Vice Mayor Streit asked if it is possible to approve this project subject to another neighborhood meeting to decide on the setback. Director Sullivan responded that he would be willing to facilitate such a meeting. Councilmember Baker asked whom the 7ft. impacts the most. Planner Knap responded it would impact the people across the street the most. Councilmember Bogosian asked if a neighborhood meeting took place and it was not noticed could any neighbor who did not attend who might be impacted if a decision was made that was not in compliance with the public process. Attorney Taylor noted that the project has been noticed at the Planning and Council level and tonight's meeting would inform neighbors that a meeting might take place. Also, Attorney Taylor explained that Council would be directing the Planning Department to come up with a solution within reasonable bounds consistent with the Planning Commission's direction. cit~ Council Minutes 11 October 3, 2001 Paul Doble, President/Doble & Sons Custom Homes, Inc, 1233 Quarry Lane, Pleasanton, noted that he has been trying to work with the neighbors. Mr. Doble noted that most of the neighbors were present tonight and requested permission from the Council to allow him the opportunity to discuss the setback amongst them and see if a decision could be made tonight. Consensus of the Council to allow all interested parties to meet and discuss the setback. Vice Mayor Streit declared a ten-minute break at 8:40 p.m. Vice Mayor Streit reconvened the meeting at 8:50 p.m. Mr. Doble thanked the Council for the opportunity to try and reach a compromise but unfortunately the neighbors could not agree. A discussion took place regarding the possibility of sending this project back to the Planning Commission to decide the setback. BOGOSIAN/WALTONSMITH MOVED TO DENY THE APPEAL~ UPHOLD THE DECISION OF THE PLANNING COMMISSION WITH THE ADDED CONDITIONS WITH THE EXCEPTION OF THE SETBACK FROM 48FT TO 55 FT. MOTION DENIED 2-2-1WITH BAKER AND STREIT OPPOSING AND MEHAFFEY ABSENT. Attorney Taylor explained that the effect of a deadlock decision is that the Planning Commission's decision stands. BAKER/STREIT MOVED TO DENY THE APPEAL, UPHOLD THE DECISION OF THE PLANNING COMMISSION WITH THE ADDED CONDITIONS WITH THE EXCEPTION OF THE SETBACK FROM 55 FT. TO 51 FT. MOTION DENIED 2-2-1WITH BOGOSIAN AND WALTONSMITH OPPOSING AND MEHAFFEY ABSENT. BAKEPdSTREIT MOVED TO RETURN THE PROJECT BACK TO THE PLANNING COMMISSION FOR FURTHER HEARINGS. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT. OLD BUSINESS PONY LEAGUE FIELD UPDATE STAFF RECOMMENDATION: Authorize amendments to contracts and adopt resolution. TITLE OF RESOLUTION: 01-065 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2001-2002 BUDGET FOR AN APPROPRIATION OF $76,350 FOR DESIGN AND CONSTRUCTION SERVICES AT CONGRESS SPRINGS PARK TO City Council Minutes 12 October 3, 2001 CONSTRUCT A PONY LEAGUE BASEBALL FIELD AND TO ESTABLISH A CAPITAL IMPROVEMENT PROJECT #0111 "PONY LEAGUE BASEBALL FIELD IMPROVEMENTS" John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that during the past few weeks staff and representatives from pony League and Little League Baseball have been exploring the possibility of incorporating a dual use Pony/Little League Baseball field into the renovation project at Congress Springs Park. Director Cherbone noted that over the past year staff has conducted a comprehensive search for a Pony League Baseball field. Unfortunately, the search has been unsuccessful to date. Currently there is a great concern that a field will not be located in time for Pony's upcoming 2002 season. This realism has forced everyone involved to look again at Congress Springs Park. Director Cherbone noted that the two main issues to overcome in order to incorporate a Pony League size field at Congress Springs Park are safety and use. Director Cherbone noted the following remedies to ovemome these issues: · SAFETY o A combination of deepening the outfield depth from 250ft. to 290 fl. and raising the existing net height from 35ft. to 42fi. will provide the safety requirement needed. FIELD USE o In order to maximize the usage of the field, the proposal is to build concentric diamonds so both Pony and Little Leagues can utilize the field. This will require wider infield and base hms. Both Leagues have indicated that they can accommodate the logistical and physical equipments. Director Cherbone noted that the total cost to implement the modifications needed to accommodate Pony League at Congress Springs Park is $76,350.00. Director Cherbone stated that both Pony League and Little League Baseball is willing to provide fimds for these modifications. Councilmember Bogosian noted that his main concern is safety and questioned if an adult could possibly hit a ball over the wall onto Highway 85 and that could lead to liability issues for the City. Director Cherbone responded that it is possible that an adult could hit a ball over the fence. City Attorney Taylor noted that the City should adopt park rules and regulations and post them in the parks. The City would also have to take necessary steps to enforce the rules and regulations once posted. City Council Minutes 13 October 3, 2001 Director Cherbone added that the proposed modifications to Congress Springs Park did not go before the Parks and Recreation Commission and there are some Commissioners who do not support the proposal. Keith Simon, President/Saratoga Little League, Pony League Board Member, 20452 Montalvo Lane, noted that he has been before the City Council many times over the past year asking for help. Mr. Simon noted that the Saratoga Little League Board of Directors have agreed to reduce the number of diamonds from 5 to 41/2 in order to make the proposed modification to allow Pony League to play at Congress Springs Park. Mr. Simon stated that Pony League and Saratoga Little League are both willing to contribute $60,000.00 each towards the proposed modifications. Mr. Simon requested that the Council approve the modifications. Nick Seroff, Parks and Recreation Commission, 20040 Seagull Way, noted that he was a member of the Congress Springs Park Task Force. Mr. Seroff noted that the Task Force worked on plans for 6-9 months for the appropriate design and uses for renovation at the park. Mr. Seroffpointed out that the Task Force did try to figure out where to put Pony League and noted that they had no intention of placing Pony League at Congress Springs Park. Mr. Seroff commented that Director Cherbone has come up with a workable plan but the parks and Recreation Commission feel adding Pony would change the aesthetics at the park, change the intent of the park, and impact the parking. Mr. Seroff noted that the $120,000 could be used to help renovate another park in the City and does not support Pony at Congress Springs Park. Councilmember Baker asked Mr. Simon if a Pony League player ever hit a ball over the fence. Mr. Simon responded yes. Councilmember Baker stated that if he would have known that a ball went over the fence he would have stopped the Pony League from playing at Congress Springs Park last year. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO AMEND CONTRACTS WITH GREG G. ING & ASSOCIATES, PERMA-GREEN HYDROSEEDING INC. AND ADOPT RESOLUTION TO MAKE BUDGET ADJUSTMENTS. MOTION City Council Minutes PASSED 4-0-1 WITH MEHAFFEY ABSENT. VILLAGE LIGHTING GUIDELINES AND FUNDING STAFF RECOMMENDATION: Approve guidelines and authorize execution of contract. Danielle Surdin, Economic Development Coordinator presented staff report. 14 October 3, 2001 Coordinator Surdin explained that on September 5th staff was directed to negotiate the cost of the decorative lights and amend the proposed guidelines. Staff has revised the guidelines to reflect seasonal usage with limited hours of operation. Coordinator Surdin explained that past accounts show a yearly charge of PG&E of approximately $3,600.00, with the installation of the new "Mini Lights", will lower electricity cost below what is currently incurred by the City. Coordinator Surdin explained that several vendors in the northern California area were contacted for bids but the City only received two. KC Enterprises submitted a bid for all ninety-eight trees in the Village including installation for $21,500.00. Councilmember Bogosian asked what happens to the lights if a Stage 2 alert happens. City Manager Anderson responded that in a Stage 2 alert the hours would be limited, in a Stage 3 the lights would be eliminated completely. Councilmember Baker asked how many spare strands of lights the City would be purchasing. Coordinator Surdin responded 150 strands Councilmember Bogosian noted that he supports this project and requested that the guidelines include that in a Stage 3 alert the lights would be shut off completely. Councilmember Waltonsmith noted that she supports the decorative lighting in the Village and thanked Ms. Collins and all of the merchants for their efforts in the past years. Vice Mayor Streit noted that he fully supports this project and suggested an event be scheduled for the official Village lighting. BOGOSIAN/WALTONSMITH MOVED TO ADOPT GUIDELINES AS AMENDED. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT WITH KC ENTERPRISES. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. CONSENT CALENDAR 2A. APPROVAL OF COUNCIL MINUTES OF: REGULAR MEETING -AUGUST 15, 2001 STAFF RECOMMENDATION: Approve submitted minutes. City Council Minutes 15 October 3, 2001 2B. 2C. BAKER/W~TONSMITH MOVED TO APPROVE MINUTES OF AUGUST 15, 2001 CITY COUNCIL MEETING. MOTION PASSED 4-0- 1 WITH MEHAFFEY. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Councilmember Bogosian pulled Item 2B from the Consent Calendar. Councilmember Bogosian questioned an entry on page 4, Hydrotech Irrigation Equipment Services for $348.94. Councilmember Bogosian asked if this back flow prevention test was a result of the incident at the Community Center. Director Cherbone responded that the incident at the Community Center was resolved six months ago. Director Cherbone noted that this invoice is for routine testing throughout the City. Councilmember Bogosian questioned an entry on page 9, TLC Administrators for $175.00. Interim Director Eddy responded that it is the administrative fee the City has to pay. Councilmember Bogosian asked if it was a monthly fee. Interim Director Eddy responded yes. Councilmember Bogosian questioned an entry on page 10, Western Traction Company for $659.48. Director Cherbone responded the invoice is for repairs made to a backhoe. BOGOSIAN/BAKER MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. REVIEW OF PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: Note and file. BAKER~VALTONSMITH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. NEW BUSINESS City Council Minutes 16 October 3, 2001 8. AFFORDABLE HOUSING FOR KEY CITY OFFICIALS · STAFF RECOMMENDATION: Accept report and direct staff accordingly. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan reported that staff was directed to research other Bay Area cities for programs that provide assistance to employees to enable them to live in their city. Director Sullivan noted that the City of San Mateo recently conducted this type of survey. Director Sullivan reported that programs vary greatly from city to city and highlighted a few details: · Police Officers only · All city employees · Managers and department heads only Director Sullivan noted that in approving any housing subsidy program, the City Cotmcil must find that there is a legitimate public purpose in having City employees live in the City. Director Sullivan briefly explained some examples of what could be emphasized in defining a public purpose. Vice Mayor Streit commented that last weekend both the City Manager and the Assistant City Manager were out of town and the closest City director was John Cherbone who lives in Santa Cruz. Vice Mayor Streit suggested that staff cross train the City Council to operate the EOC center in the event of an emergency when key staff members are unable to get to the City of Saratoga. Councilmember Bogosian noted that he would be willing to cross train with the various departments in an event of an emergency. Councilmember Bogosian pointed out that none of the West Valley Cities are included in the survey compiled by the City of San Mateo and noted that the City of Saratoga does not have the revenues of the larger cities listed on the survey. Councilmember Waltonsmith concurred with Councilmember Bogosian, although she noted that the survey was a great start to inform the Council of what other cities offer key employees. Councilmember Baker noted that he does not support any type of loan program for key city officials. Councilmember Baker noted that it is the workers who would be needed in emergency situations, not top officials of a city. Councilmember Baker noted that the City of Saratoga is a low service city and cannot afford to provide for every contingency, Councilmember Bogosian noted that communications is essential and complimented City Manager Anderson for the ability to keep Council abreast of when he is out of the office. city Council Minutes 17 October 3, 2001 Consensus of the City Council to direct staffto develop a cross training program for the City Council. PURCHASE OF NEW CITY VEHICLES STAFF RECOMMENDATION: Authorize purchase. John Cherbone, Public Works Director presented staff report. Director Cherbone reported that staff solicited quotations f~om several dealerships to pumhase three new trucks and one new pool vehicle. Director Cherbone noted that staff recommends the purchase of compressed natural gas (CNG) vehicles because they are environmentally cleaner operating vehicles and the cost of CNG can be as much as 40% less than gasoline. Additionally, the City has its own CNG station and logistically can operate a fleet with CNG vehicles. Director Cherbone stated that staff applied for and received a clean air voucher from the Bay Area Air Quality Management Program District in the amount of $16,500 as an incentive to purchase CNG vehicles. Director Cherbone stated that staff is recommending that Council authorize the purchase of the vehicles and pumhase four extended warranty contracts. Director Cherbone described the use of the new vehicles and the existing vehicles. Vice Mayor Streit noted that he supports the pumhase of CNG vehicles so the City could utilize the CNG station. Councilmember Bogosian noted that because of the different uses, he would recommend the pumhase of CNG trucks, but thinks the car should be regular gas. Councilmember Baker asked if anyone besides the City uses the CNG station. Director Cherbone responded the Odwalla, UPS and some of the postal trucks use the CNG station. Councilmember Baker asked if the station generates any revenue. Director Cherbone responded yes. Councilmember Baker noted that he concurs with Councilmember Bogosian's recommendation of purchasing CNG trucks and a regular gas car. Councilmember Baker noted that he does not support the purchase of a Crown Victorian because it does not give the right image to the public and recommended the purchase the Ford Taurus listed in the staff report under City Council Minutes 18 October 3, 2001 alternative actions. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE PURCHASE OF THREE Fl50 TRUCKS FROM FOLSOM FORD AND ONE FORD TAURUS FROM SENATOR FORD. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE PURCHASE OF FOUR EXTENDED WARRANTY CONTRACTS FOR THE NEW VEHICLES. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT. COMMISSION ASSIGNMENT REPORTS Councilmember Waltonsmith reported the following information: Heritage preservation Commission- working on developing an Adopt a Tree Program, fundraising efforts to support the Heritage Orchard's maintenance, and mission statement. CITY COUNCIL ITEMS Councilmember Baker referred to a recent notice of election from ABAG. Councilmember baker noted that the City should pay more attention to who gets elected to the Board. Councilmember Baker noted that he recently received a letter from Greg Brown pointing out the over zealous parking enforcement officer in the Village. Councilmember Baker asked if City staffcould contact the SherifFs Department and report back to Council. Councilmember Bogosian noted that the firefighters did a tremendous job in their fundraising efforts. Councilmember Waltonsmith noted that she recently walked the Parker Ranch Trail and took pictures of it. OTHER None CITY MANAGER'S REPORT Mr. Anderson noted that the Ad Hoc Committee for the Public Safety Center is progressing well, discussed the RFP for conceptual design, and should be completed by the next meeting. City Council Minutes 19 October 3, 2001 ADJOURNMENT ~V~,{ May_.,o[ Stre. it adjourned the meeting at 10:40 p.m. City Council Minutes 20 October 3, 2001