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HomeMy WebLinkAbout10-15-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL OCTOBER 15, 2003 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: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 potential cases) Conference with Legal Counsel - Initiation ofIitigation (Gov't Code section 54956.9( c): (2 potential cases). The following people requested to speak: Saul Ozveron stated that the conditions of the property at 14460 Quito Road created a fire hazard and had increased the rodent population in the area due to an accumulation of trash and discarded materials on the property. She asked that the City remove the trash to protect public health. Connie Palladino expressed concern that the trash and other materials on the property at 14460 Quito Road created a health hazard and asked that the City clean up the property. John Palladino stated that the City has been aware of the conditions at the property at 14460 Quito Road for some time and asked that the City act to remove the fire hazard. Jim Cuthbertson informed the Council that he has observed a significant increase in the rat population in the vicinity at 14460 Quito Road in the last 5-6 months. He asked that the City Council clean up that property to reduce the rat problem. The City Manager informed the Council that he would look into the matter and get back to a neighborhood representative. MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLLCALL PRESENT: Councilmembers Stan Bogosian Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Danielle Surdin, Administrative Analyst Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Cherbone, Public Works Director Iveta Harvancik, City Engineer Morgan Kessler, Assistant Engineer Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FORSEPTEMBER 15, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of October 15, 2003, was properly posted on October 9, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak: Gundy DuVall noted that she has lived in Saratoga since 1996. Ms. DuVall explained to the Council her dilemma regarding a redwood tree on her rental property located at 18325 Swarthmore Drive. Ms. DuVall noted that she applied for a tree removal permit a neighbor, Mr. Corson, appealed the decision and won. Ms. DuVall explained that the tree is causing a hazardous condition in her driveway. Ms. DuVall pointed out that she has included a letter from PG&E and Valley Concrete urging the Council to overrule the Planning Commissions decision. Larry Clark referred to the photos he provided to the City Council. Mr. Clark pointed out that the concrete has lifted 6-7 inches, which is very unsafe. Mr. Clark noted that Ms. DuVall is willing to replant trees in replace of the one she is asking to remove. Drew Kelley stated that he represented PG&E and was trying to assist Ms. DuVall's attempt to remove the redwood tree and replace the driveway. Mr. Kelley noted that it would be too expensive to replace the driveway with pavers due to the fact that every year MS.DuVall would have to spend approximately $1500 to have the pavers re-leveled. Mr. Kelley pointed out the original property owner did not consider the placement of the tree so close to the driveway. Mr. Kelley urged the Council to allow Ms. DuVall to remove the tree and replace her driveway. Marvin Becker noted that he has a concern about rodents. Mr. Becker stated that he has trapped 12 rats in the past month. Mr. Becker pointed out that squirrel are also becoming a problem. 2 Tom Marinette noted that he was concerned about the home that is under construction across the street from his property. Mr. Marinette noted that during the permitting process several changes were supposed to be made to the design. When the construction began it did not look like the changes were addressed. The elevation looks to be l-Yz feet above were it was permitted to be. Bill Breck noted that he has been before the Council several times requesting that tree protection fences be placed around the protected trees near and on the property located at 14480 Oak Place. Mr. Breck requested that Council stop all construction at this property. David Mighdoll noted that he was present this evening to discuss the construction that is taking place at the property located at 13641 Ronnie Way. Mr. Mighdoll pointed out that the Planning Department made an error on the grade which was presented to them by the developer 1 Yz feet above of what it was suppose to be. Mr. Mighdoll noted that he also opposed the height and bulk of the project. David Mather noted that he was also present to oppose the project on 13641 Ronnie Way. Mr. Mather noted that currently the grade is l-Yz feet above where the dirt stands. Mr. Mather requested that the Council look into this issue. Lisa Schallop noted she was present this evening representing her husband who is on the Planning Commission. Mrs. Schallop noted that some ofthe tree removal appeals that are brought to the Planning Commission are politically motivated and neighbors against neighbors. Mrs. Schallop suggested that tree removal appeals be brought to the City Council instead ofthe Planning Commission. COMMUNICATIONS FROM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF In regards to Ms. DuVall's issue, Vice Mayor Waltonsmtih asked if the City Council was allowed to hear the appeal. City Attorney Taylor responded no, the Council cannot hear this issue. City Attorney Taylor pointed out that in the Tree ordinance it does not provide appeal ofthis type of decision of the Planning Commission to the City Council - the Planning Commission's decisions are final. City Attorney Taylor explained that if circumstances changed since the original appeal was acted on the applicant is free to reapply. Vice Mayor Waltonsmtih requested a report from staff in regards to the construction project located at 13461 Ronnie Way. 3 ANNOUNCEMENTS Mayor Streit made the following announcements: The City Council will hold a 2nd Community Meeting Tuesday, October 28, 2003 at 7:00 p.m. in the Civic Theater to discuss the following: · Continue discussion of City owned property and facilities · City Infrastructure · Community Discussion on "Vision of Saratoga" On October 26, 2003 from 11 :00 a.m. - 4:00 p.m. the Saratoga Rotary, in conjunction with many local groups, will be celebrating cultural diversity at their "Building Bridges" event at West Valley College. CEREMONIAL ITEMS lA. COMMENDATIONS FOR LIBRARY EXPANSION MEMBERS STAFF RECOMMENDATION: Present commendations. Mayor Streit presented commendations to the following members of the Library Expansion Committee: Marcia Manzo, Ann Cross and Wylis Peck. lB. PROCLAMATION - DECLARING THE WEEK OF OCTOBER 19-25,2003 AS "TEEN READ WEEK" STAFF RECOMMENDATION: Read proclamation and present commendations to student poets. Mayor Streit read the proclamation and presented it to Judith Sutton, Saratoga High School English teacher. Mrs. Sutton introduced the Poetry Contest winners from Saratoga High School as follows: Calvin Wang, Jessica Chang, Karen Ivesl, Jensine Lee, Nolan Marcos and Esther Chang. lC. PROCLAMATION - DECLARING THE MONTH OF OCTOBER 2003 AS "NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH" STAFF RECOMMENDATION: Acknowledge proclamation. 4 Mayor Streit acknowledged the month of October 2003 as "National Domestic Violence Awareness Month". Mayor Streit noted that on October 17, 2003 Councilmember King would be representing the City of Saratoga at the 6th annual "Elected and Public Officials Walk to End Domestic Violence". SPECIAL PRESENTATIONS 2A. WILDLIFE CENTER OF SILICON VALLEY STAFF RECOMMENDATION: Presentation by Trudi Burney, President, Board of Directors. Trudi Burney thanked the City Council for continued support over the years and presented the City with a plaque. CONSENT CALENDAR 3A CITY COUNCIL MINUTES - SEPTEMBERI7, 2003 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that item 3C be removed from the Consent Calendar. Councilmember Bogosian stated that he was absent on September 17,2003 so he would abstain from the vote. W ALTONSMITHIKLINE MOVED TO APPROVE CITY COUNCIL MINUTES OF SEPTEMBER 17, 2003. MOTION PASSED 4-0-1 WITH COUNCILMEMBER BOGOSIAN ABSTAINING. 3B. REVIEW OF CHECK REGISTER (CONTINUED FROM 10/01/03) STAFF RECOMMENDATION: Approve check register. W ALTONSMITHlKLINE MOVED TO APPROVE CHECK REGISTER MOTION PASSED 5-0. 3C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register WALTONSMITHlKLINE MOVED TO APPROVE CHECK REGISTER MOTION PASSED 5-0. 5 3D. JUNE 30, 2003 FISCAL YEAR END BUDGET MONITORING AND REPORT & 1ST QUARTER 2003/2004 UPDATE STAFF RECOMMENDATION: Accept report and adopt resolution. TITLE OF RESOLUTION: 03-065 RESOLUTION AMENDING THE 2003/04 OPERATING BUDGET TO INCLUDE THE CARRYOVER OF AUTHORIZED PURCHASE ORDERS FROM FISCAL YEAR 2002/03 AND NEW ITEMS FOR 1 ST QUARTER 2003/04 WALTONSMITHlKLINE MOVED TO ACCEPT REPORT AND ADOPT RESOLUTION. MOTION PASSED 5-0. 3E. PLANNING ACTION MINUTES - OCTOBER 8, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES OF OCTOBER 8, 2003. MOTION PASSED 5-0. 3F. CONTRACT RENEWAL FOR CODE ENFORCEMENT HEARING OFFICER STAFF RECOMMENDATION: Adopt resolution and execute agreement. TITLE OF RESOLUTION: 03-067 RESOLUTION APPOINTING A HEARING OFFICER W ALTONSMITHIKLINE MOVED TO ADOPT RESOLUTION APPOINTING A HEARING OFFICER. MOTION PASSED 5-0. PUBLIC HEARINGS 4. SECOND READING AND ADOPTION OF THE REVISED TREE REGULATION STAFF RECOMMENDATION: Grant second reading of the Ordinance and adopt revised Tree Regulation. Tom Sullivan, Community Development Director, presented staff report. Director Sullivan stated that on September 17, 2003 the City Council approved the Negative Declaration for the Tree Ordinance and introduced the ordinance with amendments. 6 Director Sullivan explained the amendments as follows: 1) Adding a requirement that design review applications show significant trees on adjoining properties within 150 feet of the applicant's property. 2) Changing the notice requirement so that notice of a proposed tree removal permit is mandatory for all types of protected trees instead of just native trees. 3) Deleting provisions making a violation of the ordinance a misdemeanor and instead making a violation an infraction 4) Adding a provision authorizing a court to impose civil penalties for violations ofthe ordinance that would be in addition to other remedies available under code such as planting replacements trees. Referring to Dr. Woods's comments at the meeting of October 5, 2003, Director Sullivan pointed out that his concerns were addressed in Code Section 15-50.110 of the current regulations and 15-50.120 of the proposed regulations. CounciImember Bogosian asked why the City's arborist has not appeared at any of the discussions regarding the proposed Tree Ordinance. Director Sullivan responded that the City's arborist has not been requested to do so. In regards to civil penalties for trees that die due to trimming, Councilmember King asked if penalties are applied if trees are damaged as a result from too much prumng. City Attorney Taylor responded that the civil penalties provision allows that any time the City's in court in connection with a tree issue the ordinance allows the court to impose civil penalties in the amount the court deems. The ordinance is modeled after the Town of Los Gatos's ordinance; it specifies that the civil penalty shall not exceed $5,000 for tree removal unless the tree is worth more than $5000. It does not include any guidance to the court in what penalties should be for damage to a tree. The Ordinance authorizes the court to impose a penalty but it does not state an amount. It would be up to the City to provide the court with the information to determine an appropriate penalty. Mayor Streit noted that the existing tree ordinance was clean up and only a few minor changes were made. Director Sullivan stated that other than the pruning standards, the size of trees was reduced of both protected and non-protected trees, and where tree are measured. CounciImember Kline stated that although he does support the ordinance but disagrees that the proposed ordinance does contain maj or changes. The proposed ordinance prohibits property owners right to remove trees on their own property and not allowing citizens of Saratoga to appeal to the Council. . Marvin Becker stated that he agrees with CounciImember Kline's comments. The proposed ordinance infringes on property owner rights. Mr. Becker noted that the Brookview residents do not support the ordinance. 7 Anna Price noted that she bought her house 15 years ago. Ms. Proce noted that she has several trees on her property that are 43-45 years. Ms. Price stated that if anything happened to those trees she could not afford to replace them. Bill Breck suggested changes to the revised tree ordinance: · Sizeble civil penalties for tree damage · Require Design Review if neighbor's trees are affected · Goal of Design Review should be to preserve all native trees · Design Review should not only limit removal, but minimize encroachment · Design Review should minimize the number of protected trees that are removed or encroached Dr. Ralph Wood noted that the 10 feet is too close to plant a tree near a property line. Dr. Wood noted that any tree appeal should be heard before the City Council not the Planning Commission. Hamid Saadat noted that he recently moved into Saratoga and just read about the proposed tree ordinance. Mr. Saadat noted that his six neighbors all have trees that are right up against his fence. He recently tried to fix his driveway but can't because of the surrounding trees and their drip lines. Also Mr. Saadat noted that there are a lot of branches that hang over his property. Mr. Saadat noted that he couldn't prune them according to this ordinance. Robert Dwyer noted that he has many trees of various species on his property. Mr. Dwyer stated that the ordinance seems to restrict property owners ifthey want to remodel their house. Mr. Dwyer stated that property owners should have the right to manage their own trees. Robert Zager stated that this proposed ordinance does contain major changes. Mr. Zager noted that he doesn't support the ordinance and pointed out his concerns. Frank Schneider stated that most people moved to Saratoga for the rural nature. Mr. Schneider stated that he agrees with Councilmember Kline that this proposed ordinance does have major changes that affect property owner's rights. Mr. Schneider requested that Council postpone this discussion. Cheriel Jensen noted that her property is an urban forest. Ms Jensen presented Council a list oftrees that were not on the list that she feels should be considered protected trees. Tom Corson noted that he fully supports the proposed ordinance. Lisa Kurasch noted that this ordinance has been in the works for 12 years. Ms. Kurasch commended staff on the proposed ordinance. Maria Guerra noted that property owners need a process to be able to appeal to the City Council on tree decisions. Ms. Guerra noted that she agrees with Dr. Wood that 10 feet is too close to plant near a property line. Jill Hunter urged the Council to adopt the ordinance. 8 Mike Garakani noted that he was on the Planning Commission subcommittee that worked on the ordinance. Mr. Garakani noted that he doesn't support parts of the ordinance. Mr. Garakani noted that he feels the Council should address the pruning and removing portion ofthe ordinance again. Mayor Streit closed the public hearing. Councilmember Bogosian stated that although most of the proposed ordinance is great he concurred with Planning Commissioner Garakani stated that the ordinance does need more work. Councilmember Bogosian noted that he would like to hear from the City's Arborist. Councilmember Kline noted the proposed document is good but he has some concerns with parts of it. Councilmember Kline stated that he feels there hasn't been enough public input. Councilmember Kline noted that he is in favor of forming another AdHoc Committee to perfect this document. Vice Mayor WaItonsmith stated that the ordinance was not designed to take away property owners rights. Vice Mayor Waltonsmith noted hat she supports CounciImember Kline's suggestion in forming another AdHoc Committee. Mayor Streit noted that he and Councilmember King were on the original AdHoc Committee and their intent was to close the loopholes that people abused. Mayor Streit noted that most of the proposed ordinance is great. Mayor Streit stated that he supports another AdHoc Committee adding members of the community. Councilmember Bogosian thauked the residents for taking the time to attend tonight's meeting. Councilmember Bogosian stated that his main objection is the section regarding pruning. Councilmember Bogosian noted that he didn't know that pruning was a problem in the City and would like to see the data that reflects it. Consensus of the City Council to form another Adhoc Committee including members of the community. OLD BUSINESS 5. DEANZAlUPRR/PG&E EASEMENT TRAIL STAFF RECOMMENDATION: Accept Report and provide staff direction. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained the history behind the proposed DeAnzalUPRR/PG&E Easement Trail. Analyst Bloomquist noted that recent conversations with the Valley Transportation Authority (VTA) staff has confirmed that the VT A has allocated funding for Saratoga ifthe City is willing to negotiate with PG&E for the usage of their easement from Saratoga-Sunnyvale Road to 9 Saratoga A venue for trail development. As requested by the VT A, the City became the lead agency for this project when the City of Cupertino pulled out as lead agency. Analyst Bloomquist noted that the VTA has reserved funding for the trail segment identified as reach 3 in the October 2001 Alta Feasibility Study. The trail segment is 1.6 miles in length, with the goal of placing the trail on the PG&E easement. As identified in the 2001 Alta feasibility study, the projected development costs for reach 3 is $1,997,577.00 dollars, with a required local match by the City of20% percent, or $399,515.40. Analyst Bloomquist pointed out that a local anonymous donor has recently contacted staff indicating their willingness to provide the City with the required local match. Analyst Bloomquist mentioned that VTA staff has indicated funding for this project remains available as long as the project meets the following Bicycle Expenditure Program (BEP) Deadlines: 1) Environmental work done by September 2004 2) Start of construction by September 2007 Analyst Bloomquist pointed out that if the Council chooses not to pursue this project, the funding will revert back to the BEP and applied to other Tier 1 bicycle proj ects. Analyst Bloomquist explained that by Council direction staff engaged in extensive public outreach to advertise this meeting. Analyst Bloomquist noted that Celia Chung with the VT A was available if Council had any questions. Councilmember Bogosian asked if the $1.9 million dollars mentioned in the Alta study included maintenance of the trail. Analyst Bloomquist pointed out that the study did not include maintenance, which would be approximately $50,000 a year for 8.7 miles of trail in Saratoga. Councilmember King asked what would happen to the property if it were not a trail. Analyst Bloomquist explained that the property is zoned ZI-10, 000 and pointed out that an amendment would have to be made to the City's General Plan if that property was to be developed. Mayor Streit noted that the other cities pulled out but Saratoga has a PG&E easement. Referring to a report provided by staff reflecting studies that have been done on rail trails, Councilmember King asked staff to briefly explain the studies. Analyst Bloomquist explained that the studies that he has read state that rail trails have no significant impact on property. The studies have shown that rail trails have done no harm and have not lowered property values. Gosia Hoot noted that she supports the proposed trail. 10 William Brooks noted that he supports the proposed trail. Mr. Brooks stated that Saratoga already has a trail system that goes along or besides many properties in Saratoga and they have not lowered property values nor have they increased crime in the City. Anne Sanquini noted that she supports the proposed trail. Ms. Sanquini noted that the City should take every opportunity to create and protect open space, parks, pathways and trails. Phillip Baker noted that he was representing the Youth Commission. Commissioner Baker stated that the Youth Commission supports the proposed trail. Diane Reese noted that her backyard borders the trail. Ms. Reese stated that her family supports the proposed trail Eric Bracher stated that his house backs up to the PG&E easement and asked the City if the property could be cleaned up. Bob Wallace noted that he was a member of Rails to Trails. Mr. Wallace stated that the Council should leave the trail as is until the railroad stops using it. Mark Escobar noted that his concern was the cost of the trail, which he think is too high. Mr. Escobar noted that he currently uses the trail along with hundreds of other people as is. Isabel Gloege noted that he City should jump at the opportunity to turn this segment into an official trail. Aaron Katz noted that he supports the proposed trail. Maria Guerra noted that her property is along the easement. Ms. Guerra noted that the area should be cleaned up. Ms. Guerra urged the Council not to rush into a decision. Marty Goldberg noted that he completely supports the proposed trail and urged the Council to move forward with the project. Patty Ciesla noted she represented the Santa Clara County Parks Commission - Trails Subcommittee. Ms. Ciesla urged the Council to move forward with the project. Aaron Grossman noted that he was a Mountain View resident and President ofthe Friends ofthe Stevens Creek Trail. Mr. Grossman noted that property values do not decline because of trail trails nor do they increase crime. MaJ.jorie Ottenberg noted that she has lived in Saratoga for forty years and has bee using the trail for the past 15 years. Ms. Ottenberg noted that she supports the proposed trail. 11 Jim Stallman noted that he was the City's representative on the Bicycle Advisory Commission of Santa Clara County. Mr. Stallman urged the Council to move forward with the project. Bill Witmer noted that he was opposed to the proposed trail. Donna Popperhagen stated that her property is along the trail and noted her main concern is safety. Ms. Pupperhagen noted that although the trains are slow it still poses a hazardous condition especially for children. Doug Robertson noted that he was a new resident in the City of Saratoga. Mr. Robertson noted that if the City waits to construct the trail, the price wiIIjust increase. Mr. Robertson noted that he supports the trail. Ken Yale noted that his property is adjacent to the trail and uses it on a regular basis. Mr. Yale noted that if it were a paved trail he would use it more. Mr. Yale urged the Council to move forward with the project. Walter Spector noted that he has three bicycle age children and there are no safe trails in Saratoga to take them on. Mr. Spector urged the Council to move forward with this proj ect. Cheriel Jensen noted that she supports the proposed trail. Dennis Dumont noted that he supports the proposed trail. Jeannee Carter noted that her property backs up against the trail. Ms. Carter noted that she was concerned about privacy and public safety. Ms. Carter noted that she has found broken glass and beer bottles along the trail and asked how the trail would be patrolled. Logan Deimler stated that he was a member of the Parks and Recreation Commission and Chair ofthe Trails Subcommittee. Commissioner Deimler noted that everyone's concerns need to be addressed. Commissioner Deimler stated that the trail is a public resource. Susan Mandell stated that the current trail has been working fine and formalizing would increase its use. Ms. Mandell stated that the Council need to look at this carefully and take in the residents concerns Casey Winningham noted that he has been using this trail since 1968. Mr. Winningham noted that right now the trail is somewhat private. Mr. Winninghan pointed out that the Los Gatos Creek Trail is so crowded. Mr. Winningham noted that the City should work out a trail to address everyone's needs. Cylia Chung noted that she was the Bicycle Coordinator with VT A. Vice Mayor Waltonsmith asked if safer crossing at Cox and Saratoga-Sunnyvale could be added. 12 Ms. Chung explained that the Board has approved the Tier 1 funding and if the City should choose to change the scoop ofthe project the City would have to go before the Board for approval. Ms. Chung noted that the crossing at Cox is another Tier 1 partially funded project. Vice Mayor Waltonsmith stated that she has been supporting this trail for a long time and would like to see the project move forward. Vice Mayor Waltonsmith stated that she wants it to be a safer and an all seasons trail. Vice Mayor Waltonsmith noted that tonight we started to address the issues that have been brought forward but first we need to talk to PG&E if we could get an easement and make sure all ofthe funding is still available. Councilmember Kline stated that he supports starting the process for this proposed project but the City must conduct a major outreach program with the neighbors. Councilmember Bogosian noted that his concern was the quality of life in Saratoga. Councilmember Bogosian pointed out that Saratoga is one of the safest cities in the Bay Area. In regards to privacy issues raised by a few residents who live along the trail, Councilmember Bogosian noted that he agrees with them that it could become a problem. Councilmember Bogosian stated that he feels the maintenance of this trail could become a problem and noted that because of budget constraints this year the City had to cut one officer. Councilmember Bogosian noted that he agrees that this area needs to be maintained as open space but not designated a formal trail. Mayor Streit stated that this issue has been before the Council several times over the past couple of years. Mayor Streit noted that he feels that the process needs to be continued to address concerns such as security, police, fire, privacy, and lighting concerns. Mayor Streit stated that the process should be similar to the approach the City has taken in the past with the renovations of parks. Mayor Streit stated that he disagrees with Councilmember Bogosian that the trail will not change the character ofthe neighborhood - it might improve some of the neighborhoods. Mayor Streit noted that the majority of the Council agrees to move forward with the process and direct staffs to bring back process alternatives and make sure citizens along the trail are involved. Referring to the card that property owners received, Councilmember Bogosian noted that individual letters should be sent to every property owner along the trail. Mayor Streit declared a break at 10:30 p.m. Mayor Streit reconvened the meeting at 10:40 p.m. 13 6. FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN - FISCAL YEAR 2003/2004 REVIEW STAFF RECOMMENDATION: Adopt Resolution amending 2001-2006 CIP Budget reflecting Council direction from prior City Council Meetings; Review Projects in the adopted CIP and amend their funding levels if desired; Consider candidate CIP Projects as listed in the report for inclusion in the 2003-2004 CIP; Conduct Public Hearing at the November 5, 2003 City Council Meeting; Continue CIP discussion to the Public Hearing to allow for additional public input generated from the upcoming October 28th Community Meeting. TITLE OF RESOLUTION: 03-066 RESOLUTION AMENDING 2001-2006 CIP BUDGET Director Cherbone explained the CIP process. Director Cherbone noted that the scheduling over time of public improvements is an essential task of CIP and is based on a series of priorities according to need, desire, importance, and to fund the various projects that make up the CIP Director Cherbone pointed out the following recommended criteria to consider when making choices on project priority: · Public Safety · Beautification · Environmental Impact · Importance relative to community needs · Resources available · Operation and Maintenance Costs Director Cherbone noted that some projects might be included but unfunded, awaiting grants and special funding sources not available at the time of the CIP development. In other cases Council may wish to fund design and engineering costs only for projects likely to be submitted for competitive grant applications requiring projects that are pre-approved and for which designs have been completed. Director Cherbone noted that once direction from Council on the draft changes to the CIP is received, staff would submit new projects to the Planning Commission for review of general Plan and enviromnental approvals and to the Finance Commission for budgetary review. The process would conclude with public hearings and final adoption of the new CIP projects by Council. 14 Director Cherbone briefly reviews the status of projects in the adopted five year CIP pointing out that there are 46 projects, 32 projects have full or partial funding and 14 proj ects are not funded. The total amount in the adopted CIP is $17,942,582. There are three main categories of funding 1) City Funds, 2) Grant funds, 3) Other sources. Director Cherbone explained that CIP funding changes previously directed by Council on March 19, 2003. Director Cherbone explained new and adopted CIP projects for City Council consideration stating that there were 16 new CIP Proj ect candidates and 3 existing adopted CIP projects for FY 2003-2004. The total cost of these projects, if approved, is $1,598,825. Director Cherbone briefly reviewed the projects: · Village Façade Matching Fund · Foothill School Joint Improvements (Amphitheater) · Foothill School Joint Improvements (Field Improvements) · Blaney Plaza Improvements - Construction Phase · Fire Alarm System for Historical Park Buildings · Museum Improvements · Repair Work to Trail Segment #3 (Tank Trail) · Sobey Road/Quito Road Traffic Light Improvements (Marshall Lane School) · Norton Road Fire Access Road · Aloha Street Safety Improvements · Civic Center Seat Refurbish Project · North Campus Jrnprovements (Fellowship Hall) · Spring Hill Court Park Improvements · Odd Fellow Trail Development · San Marcos Open Space Trail · New City Monument Sign The City Council discussed the projects and voted as follows to place projects on the CIP: P . t V t ro]ec oe Village Façade Matching Fund 4-1 Bogosian opposed Foothill School Joint Improvements 5-0 Supporting amphitheater Foothill School Joint Improvements (Field 5-0 A YSO committed to provide Blaney Plaza Improvements - Construction 5-0 Fire Alarm System for Historical Park 5-0 Museum Improvements 5-0 remove from CIP list Repair Work to Trail Segment #3 (Tank 5-0 Sobey Road/Quito Road Traffic Light 5-0 Norton Road Fire Access Road 5-0 15 Norton Road Fire Access Road 5-0 Aloha Street Safety Improvements 5-0 Civic Center Seat Refurbish Project 5-0 Move to 2007-12 CIP North Campus Improvements (Fellowship 5-0 Hall) Spring Hill Court Park Improvements 5-0 Move to 2007-12 CIP Odd Fellow Trail Development 5-0 Support only design San Marcos Open Space Trail 5-0 New City Monument Sign 5-0 Director Cherbone noted that the following projects have been adopted by the Council and are unfunded or have a need for increase funding and would be brought back to Council for discussion on November 5, 2003: · Park Trial Repairs · Kevin Moran Park Improvements · Median Repairs (Landscape and Irrigation) Howard Miller noted that he was an Assistant Regional Commissioner for A YSO Mr. Miller noted that AYSO has 1200 players in which approximately 1,100 are Saratoga residents. Mr. Miller noted that there aren't enough fields in Saratoga for all of these kids to practice on. Mr. Miller urged the Council to increase the amount of fields that could be used for playing fields. Mark Escobar noted that he has lived in Saratoga for 38 years. Mr. Escobar explained that over time society has changed resulting in the fact that parents do not let their children outside to play. Organized sports are the only answer. John Schmelzer noted that he is a coach with organized sports for 10 months every year. Mr. Schmelzer noted that Saratoga has too many kids in organized sports and not enough field space. Dennis Farmer thanked the Council for the improvement at Congress Springs Park and noted that he was an advocate for youth sports. Mr. Farmer pointed out that many property owners in Saratoga have the "not in my backyard" attitude. Mr. Farmer urged the Council to increase the amount of fields that could be used for play fields. Manjo GoeI noted that he has lived in Saratoga for 12 years and has two children in soccer and baseball. Mr. GoeI stated that he has recently been appointed to act as a liaison to the City Council and A YSO. Mr. Goel noted that he supports more playing fields in Saratoga. Maria Guerra noted that he has three children in year round organized sports. Ms. Guerra noted that he currently drives his children to three different fields for practice. Ms. Guerra noted that Saratoga needs more parks like Congress Springs Park. 16 Eric Leonard noted that he grew up in Saratoga. Mr. Leonard noted that he has three daughters that participate in organized sports. Mr. Leonard pointed out that on the weekends at Congress Springs Park there is a tremendous sense of "community". Mr. Leonard noted that Saratoga needs more parks like Congress Springs Park. Manny Cappello noted that he is a Commissioner for A YSO. Mr. Cappello stated that this year A YSO started a CIP program for special needs children. Mr. Cappello noted that the City needs more flat grass. Susan Mandell noted that she has two children that play soccer and baseball. Ms. Mandell stated that there aren't enough fields in Saratoga and urged the Council to seek more space Allen Strong noted that there is a great need for flat grass in Saratoga. Mr. Strong noted that he has been a coach for the past 12 years Colin Morales noted that he is the Vice President of the Saratoga Little Leagne. Mr. Morales stated that there aren't enough fields in Saratoga and urged the Council to seek more space. W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION AMENDING THE 2001-06 CIP BUDGET. MOTION PASSED 5-0. 7. URGENCY ORDINANCE PROHIBITING PERSONAL SERVICES ON FIRST FLOOR FRONTAGES IN SARATOGA VILLAGE STAFF RECOMMENDATION: Accept public testimony regarding the draft Interim Ordinance and adopt Interim Ordinance. TITLE OF ORDINANCE: 222 AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY Danielle Surdin, Administrative Analyst, presented staff report. Analyst Surdin stated that a draft Interim Ordinance prohibiting the establishment of new Personal Services Businesses in the Village has been prepared for Council approval. This ordinance would bar new Personal Service Businesses from locating in the Village. City Attorney Taylor explained that Personal Service Business include, but are not limited to, hair and nail salons and day spas. The Ordinance could ultimately remain effect for up to two (2) years. 17 Analyst Surdin stated that adoption of the interim ordinance would provide temporary prohibition on these types of services uses on ground floor spaces in the Village. Such temporary prohibition would allow staff time to research and develop recommendations for Council to consider for potentially regulating Personal Service Businesses in the Village (CH-l/CH-2 zones). Councilmember Kline noted that usually he is not in favor of restricting businesses, but the Village is a unique case. Councilmember Kline noted that he would support the ordinance for a limited time only. Councilmember Bogosian stated he would not be supporting this ordinance. Councilmember Bogosian noted that he would like to hear what the property owners think of the ordinance and he is not comfortable acting on this ordinance at midnight. Councilmember Bogosian requested that this item be continued only after more noticing has been done. Councilmember King stated that she thinks the interim ordinance would get the property owners attention. Mayor Streit noted that he supports the interim ordinance. Vice Mayor Waltonsmith noted that she would support the interim ordinance. KING/W ALTONSMITH MOVED TO ADOPT AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON NEW PERSONAL SERVICE BUSINESSES LOCATED ON THE GROUND FLOOR IN THE VILLAGE AND DECLARING THE SAME TO BE AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY FOR 45 DAYS. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSED. NEW BUSINESS 8. EXPLORE ANIMAL CONTROL SERVICE OPTIONS STAFF RECOMMENDATION: Accept report and provide staff and Council representative direction. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that at the October 1, 2003, meeting, staff presented up-to-date cost information related to participating with the SV ACA Joint Powers Authority in the provision of animal control services. Part of the information included news that the Town of Los Gatos was considering alternatives to continuing with SV ACA and the financial effect their withdrawal would have on Saratoga. Council directed the City Manger and Mayor to meet with their Los Gatos counterparts for further discussion, and the Assistant City Manager to contact the City of San Jose for answers to two questions: 1) Does San Jose animal control facility have capacity to handle Saratoga's animals? 2) Is San Jose willing to discuss an arrangement to handle Saratoga's animals? 18 Assistant City Manager Tinfow stated the answer to both questions was "yes". In addition San Jose offered to provide a Letter ofIntent regarding their interest including service level( s) and cost estimates. Assistant City Manager Tinfow briefly discussed the meeting between the City of Saratoga and the Town of Los Gatos. Assistant City Manager Tinfow briefly discussed the questions the City Manager asked the Executive Director of SV ACA. Consensus of the City Council to direct staff to move forward in seeking a cost proposal and specific services from the City of San Jose. 9. FIRST AMENDMENT TO SECOND RESTATED AND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY STAFF RECOMMENDATION: Approve and authorize the City Manager to execute agreement. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the September 2003 meeting of the Silicon Valley Animal Control Authority (SV ACA) Board, the City of Cupertino explained that their Council did not approve the Second Restated and Amended Joint Exercise of Powers Agreement Creating SV ACA because of budget concerns. Assistant City Manager Tinfow explained that specifically they remain concerned about the potential for the JP A to force Member Agencies to contribute to shelter construction activities against their will. Cupertino expressed the same concern last year and a provision that provided protection against JP A taking unilateral action was added in April 2003. That same provision had not been included in the restated agreement. Because Cupertino remains a member agency until June 30, 2004, and because without their approval the new JP A agreement cannot go into effect, the SV ACA Board approved the attached amendment. With the amendment, each City retains control over total dollar committed to SV ACA. BOGOSIANIKLINE MOVED TO APPROVE AND AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT. MOTION PASSED 5-0. 10. DEVELOPMENT OF VILLAGE AD-HOC COMMITTEE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow that the Village continues to struggle to retain businesses and attract customers. Assistant City Manager stated that the City has taken a number of steps to help and briefly described those steps. 19 Assistant City Manager Tinfow stated that an ad-hoc committee typically has two City Councilmembers who serve along with appropriate staff and relevant community members- in this case Village business owners and lor the Chamber of Commerce. Assistant City manger Tinfow stated that should Council proceed with creating a Village Improvement Ad-Hoc Committee, staff requests direction in the following areas: · Determine City Council participation · Determine any involvement of the business community and/or any criteria to determine who should participate · Set goals and a timeline for the committee · Clarify any additional constraints or direction for the committee Consensus of the City Council to appoint Councihnember King and Councilmember Kline to the Village Ad-Hoc Committee and direct staff to return to Council with a report including mission statement, goals, and potential membership of such committee. COMMISSION ASSIGNMENT REPORTS Mayor Streit reported the following information: Heritage Preservation Commission - working with the architect on the Master Plan for the Heritage Park. Vice Mayor Waltonsmith reported the following information: Arts Commission - announced that they have a new exhibit in the library. Councilmember King reported the following information: Public Safetv Commjssion - at the last meeting the PSC received input from neighbors regarding safety issues on Pierce Road. Councilmember Kline had no reportable information. Councilmember Bogosian had no reportable information. CITY COUNCIL ITEMS Councilmember King announced that Supervisor Liz Knis would be holding a Town Hall meeting on October 23, 2003 at 6:00 p.m. In regards to the legislative redistricting that took place in 2002, Councilmember Kline requested that a discussion of redistricting be placed on a future agenda. Consensus of the City Council to support Councilmember Kline's request. 20 OTHER None CITY MANAGER'S REPORT City Manager Anderson reported that ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 12:40 a.m. 21