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HomeMy WebLinkAbout11-05-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL NOVEMBER 5, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room. 13777 Fruitvale Avenue at 6:00 p.m. MAYOR'S REPORT ON CLOSED SESSION -7:00 p.m. Mayor Streit reported there were no reportable items. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL 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 Ann Sullivan, Deputy City Clerk Tom Sullivan, Community Development Director Christy Oosterhous, Associate Planner John Cherbone, Public Works Director Morgan Kessler, Assistant Engineer REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 5, 2003 Ann Sullivan, Deputy City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 5,2003 was properly posted on October 31, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Bill Witmer gave a brief history of the DeAnza/PG&E Trail starting with a Feasibility Study that was done in 2001. Mr. Witmer presented the Council with a petition of 168 signatures objecting to the proposed Saratoga Trail Corridor and urged Council to reconsider their decision to begin studies on the development of the Trail. Donna Poppenhagen spoke to the Council on the proposed DeAnza/PG&E Trail noting her opposition to the Trail. She also noted she, along with many others, did not receive prior notification ofthe meeting during which the proposed Trail would be discussed. Cecilia Bulich spoke to the Council on the proposed DeAnza/PG&E Trail noting how many homes she and her husband previewed before they purchased in Saratoga. She stated the freeway noise from Highway 85 is enough to contend with and the City landfill should not add in additional noise with the development ofthe Trail. The money should be used where it is needed and not foolishly spent. Bert Martel addressed the Council on the health issues regarding the temporary stockpile at West Valley College. He stated he lives near this stockpile and is concerned about toxic elements from dust and potential lung disease. He provided the Council with copies of an article from the San Jose Mercury News pertaining to dangers associated with breathing dust. Jack Palmtag addressed the Council on the proposed DeAnza/PG&E Trail and his concern about dollars already spent on studies of the Trail and proposed development of the Trail. Bob Wallace asked the Council to put the removal of the Comer Debris Dam on the agenda. He stated the Water District told him they would remove it this fall and now they are saying removal is 10 years away. He wants Council to agendize it so discussion and action can occur. COMMUNICATIONS FROM COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Stan Bogosian noted he wants to be sure that each resident along the Trail easement receives proper notification ofthe next Trail discussion, which is scheduled for the meeting on November 19th. He also asked that the Comer Debris Dam 2 item be placed on the Agenda and that the neighbors along the stream set below this Dam be notified for the same reasons that the neighbors on the Trail be notified. Vice Mayor Ann Waltonsmith agreed with Councilmember Bogosian but wanted to add that a site visit be scheduled for the Comer Dam. Councilmember Kathleen King wanted clarification about who will be notified. She noted that since the Trail project affects the whole City, everyone should be notified. Councilmember Norman Kline stated that many of the people most affected by the Trail didn't get notified for some reason and wanted to know what happened. City Manager Dave Anderson stated staff had sent out a postcard to aliI 0,000 residents in Saratoga and that almost always someone indicates they did not receive notification, for whatever reason. He noted staff would do their best efforts in whatever direction Council gives in terms of notification on this issue. Vice Mayor Waltonsmith stated she feels everyone should be notified. Councilmember Bogosian sees no reason why we can't notify residents whose property abuts the Trail through a formal noticing procedure just like when a neighbor is doing a remodel and it goes to the Planning Commission. The kind of formal notice with the Seal of Saratoga on the envelope because it directly affects the neighbors. He noted that if you want to do a Citywide mailing to increase the debate in a democracy, that's fine. Councilmember King agreed with Councilmember Bogosian that the Trail affects the entire City and supports notifying everyone. Vice Mayor Waltonsmith noted her support that everyone gets notified. Councilmember Kline then stated we send a notice to everyone using a post card with a City logo on it as well as sending a special notice to the neighbors affected by the development ofthe Trail. He then asked what the notification distance would be - 500 feet, a thousand? Mayor Streit noted it would be the standard procedure - mailing to all households within 500 feet. Councilmember Kline wanted to clarify to everyone listening that no plan has been approved, no Trail has been approved and if you have heard differently, it is wrong. All that has been approved is to move ahead on the project - not approval ofthe Trail. Mayor Streit noted the City would send a post card to all residents and letters to the neighbors along the Trail. Discussion took place regarding mailing deadline. ANNOUNCEMENTS None CEREMONIAL ITEMS 3 lA. PROCLAMATION DECLARING THE WEEK OF November 16 -22,2003 as "HUNGER AND HOMELESSNESS AWARENESS WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to Robert Dolce representing the Emergency Housing Consortium. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W ALTONSMITHlKLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0 2B. PLANNING ACTION MINUTES - OCTOBER 8, 2003 STAFF RECOMMENDATION: Note and file. W ALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0 2C. MODIFICATIONS OF SETION 218 AGREEMENT - MEDICARE COVERAGE FOR EMPLOYEES HIRED PRIOR TO APRIL 1, 1986 STAFF RECOMMENDATION: Adopt Resolution. TITLE OF RESOLUTION: 03-068 W ALTONSMITHlKLINE MOVED TO ADOPT RESOLUTION WITH MODIFICATIONS OF SECTION 218 AGREEMENT-MEDICARE COVERAGE FOR EMPLOYEES HIRED PRIOR TO APRIL 1, 1986. MOTION PASSED 5-0 2D. RESOLUTION OF INTENT TO AMEND SUBDIVISION REGULATIONS RELATING TO STORM WATER MANAGEMENT STAFF RECOMMENDATION: Adopt Resolution. TITLE OF RESOLUTION: 03-069 W ALTONSMITHlKLINE MOVED TO ADOPT RESOLUTION OF INTENT TO AMEND SUBDIVISION REGULATIONS RELATING TO STORM 4 WATER MANAGEMENT. MOTION PASSED 5-0 2E DESIGN SERVICES FOR CITY OF SARATOGA'S HISTORICAL PARK MASTER PLAN STAFF RECOMMENDATION: Approve amendment to existing contract with Greg Ing and Associates; authorize City Manager to execute amended contract. W ALTONSMITHlKLINE MOVED TO APPROVE AMENDMENT TO EXISTING CONTRACT WITH GREG ING AND ASSOCIATES; AUTHORIZE CITY MANAGAER TO EXECUTE AMENDED CONTRACT. MOTION PASSED 5-0 2F STATUS OF TREE PROTECTION FENCING AT 124480 OAK PLACE (Cutler) NOTE; Address correction for above noted address. Address should read 14480 Oak Place. STAFF RECOMMENDATION: Accept Report. Citizen Alan King addressed the Council stating the City Staff Report indicates the Tree Protection Fences are in place. He noted they are not and feels there is an error in the City Staff Report. He noted there was a lame plastic fence that went out about 5 ft. out from tree; it has collapsed and never went out to drip line of trees and cars are parked on it daily, including today. Councilmember Kline asked for staff clarification whether or not cars are being parked under the tree - or on top ofthe protection fences. Director Tom Sullivan explained staff report was based on site visits from Code Enforcement. He noted the tree protection fences go up and down with the traffic. If the City receives a call complaining that vehicles are parked under the tree, they respond to it. W ALTONSMITH/BOGOSIAN MOVED TO ACCEPT STATUS OF TREE PROTECTION FENCING AT 14480 OAK PLACE (CUTLER) WITH THE PROVISION THAT CITIZENS ARE URGED TO CALL THE CITY WHEN THEY SEE THE TREE PROTECTION FENCES DOWN. MOTION PASSED 5-0. 2G 2002 PAVEMENT MANAGEMENT PROGRAM - NOTICE OF COMPLETION STAFF RECOMMENDATION: Accept Notice of Completion. WALTONSMITH!KING MOVED TO ACCEPT NOTICE OF COMPLETION. MOTION PASSED 5-0 5 2H COUNCIL RESOLUTION TO ENDORSE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY'S COMMUNITY DESIGN AND TRANSPORTATION (CDT) PROGRAM STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-070 Councilmember Bogosian requested Item 2H be removed from the Consent Calendar. His concern was that Saratoga's land-use authority may become inmnged upon by some type of Board and affect Saratoga's ability to get grants. Chris Augnstine, Santa Clara Valley Transportation Authority representative, responded to Councilmemember Bogosian that by endorsing the program it would in no way compromise the City's ability to make land-use decisions. He noted that every city and town in the County has already endorsed the program with the exception of Saratoga. He stated there are three new grant fund programs attached to this program and proceeded to explain what they were. KINGIKLINE MOVED TO ADOPT RESOLUTION TO ENDORSE SANTA CLARA V ALLEY TRANSPORTATION AUTHORITY'S COMMUNITY DESIGN AND TRANSPORTATION (CDT) PROGRAM. MOTION PASSED 5-0. PUBLIC HEARINGS 3. APPEAL OF A PLANNING COMMISSION DECISION TO APPROVE A USE PERMIT APPLICATION TO INSTALL SIX PANEL ANTENNAS AND AN UNCOVERED EQUIPMENT ENCLOSURE AT THE LOCATION OF AN EXISTING UTILITY LATTICE TOWER NEAR CONGRESS SPRINGS PARK ALONG THE RAILROAD TRACKS AT GLEN BRAE AND CHARDONNAY COURT. STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. TITLE OF RESOLUTION: 03-071 Christy Oosterhous, Associate Planner, presented staff report. Associate Planner Oosterhous explained that at the September 17, 2003 Council Meeting, the City Clerk was directed by the Council to initiate the review of a conditional approval use permit decision made by the Planning Commission. She stated that in an attempt to address the Council's concerns, the Applicant has revised the project plans. Revisions include a covered equipment enclosure almost identical in appearance to the existing structure located on the site. Mayor Streit opened the public hearing and invited public comments. Mayor Streit stated that since the City is the Appellant, we would go first. He also 6 noted that the City's concern had nothing to do with the cell site aspect, cellular towers or communications; it was the location of this site - near Congress Springs Park and the proposal to install an open air enclosure with 7ft. wall with all the equipment inside. He noted there already exists a utility lattice tower along the railroad tracks next to Congress Springs Park. He was concerned that there could be a safety issue with regard to children playing at Congress Springs Park and possibly climbing up inside the wall. The other issue was aesthetics - two different structures with two different appearances. He was also concerned about the landscaping proposal. He noted that AT & T has addressed the safety and aesthetics issues and has revised their plans to include a sealed building to house their equipment that will match the appearance of the already existing utility tower. Rich Hildebrand, AT & T Wireless representative, addressed the Council confirming Mayor Streits comments that AT & T will be matching the existing building at the site. Cheriel Jensen noted she lives on Quito Road near the other wireless tower in the community and stated the landscaping at that location is a joke. She feels the aesthetics they were trying to achieve, didn't work. She also wanted to remind everyone of the dangers of the open microwaves to little children playing near Congress Springs Park. Mayor Streit closed the public hearing. Vice Mayor Waltonsmith added the landscaping isn't bad in just that area, it's bad all along Saratoga/Sunnyvale Road also. Councilmember Bogosian responded to Cheriel Jensen's comments noting that Federal Regulations limit the City's control over aesthetic concerns and that we don't have the ability legally to discuss or consider the health aspects of these installations based on FCC regulations, but he appreciated her input. He stated he was prepared to support the application. Mayor Streit noted he agreed with Cheriel Jensen that the landscaping on Cox and Quito was far less than the City had expected. He commended Christy Oosterhous for working with AT & T to assure the landscaping would be more substantial. WALTONSMITHIKLINE MOVED TO ADOPT RESOLUTION UPHOLDING THE PLANNING COMMISSIONS DECISION WITH THE APPROPRIATE AMMENDMENTS. MOTION PASSED 5-0 4. FIVE YEAR (2001-2006) CAPITAL IMPROVEMENT PLAN - FISCAL YEAR 2003/2004 UPDATE STAFF RECOMMENDATION Adopt resolution amending 2001-2006 CIP Budget reflecting Council direction from the October 15, 2003, City Council meeting; Consider additional candidate CIP Projects as listed in the report and review Projects in the adopted CIP and amend their funding levels if desired; Open the Public Hearing for the F.Y. 03/04 7 CIP Update; Consider funding levels for candidate CIP Projects approved by the City Council for inclusion in the F.Y. 03/04 CIP Update; Continue Public Hearing to the December 17, 2004 (date correction December 17, 2003), City Council meeting to allow the appropriate review approval of the Updated 200112006 CIP. TITLE OF RESOLUTION: 03-072 John Cherbone, Public Works Director, presented staff report. Director Cherbone called Council's attention to Recommended Action No.5 to please change the date from December 17, 2004 to December 17, 2003. He then proceeded to go over the CIP process stating that this meeting was the second stage of the process; the first process began at the October 15, 2003 City Council Meeting where the Council approved new CIP projects for funding consideration and amended the CIP Budget. The main focus of the second stage of the CIP process is to open the Public Hearing to allow for public input on the CIP and for City Council to establish funding levels for the new CIP project. Director Cherbone noted that if Council desires, funding levels established tonight for individual projects can be modified at any time during the process. Director Cherbone noted the third stage of the CIP process involves the submission of the new CIP project candidates to the Planning Commission for General Plan and Environmental Review, which is scheduled for December 10, 2003. He noted the last stage of the CIP process will begin on December 17,2003 at the City Council Meeting where the Public Hearing will continue and culminating with the final adoption of the new CIP projects by City Council. Director Cherbone stated staff recommends that Council approve the Resolution which amends the CIP Budget in connection with direction staff received at the October 15th meeting, and he recommended Council should consider any additional funding changes to the Adopted CIP Projects. Mayor Streit started with Item 1 - Adopt Resolution amending 2001-2006 CIP Budget on October 15, 2003 meeting. W ALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION AMENDING THE 2001-2006 MULTIPLE YEAR CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET MOTION PASSED 5-0 Director Cherbone noted that this would be a good time to make any additional changes to the CIP Proj ects that have been adopted by Council. Vice Mayor Waltonsmith commented that the Saratoga Community Foundation has been meeting and are considering coming back to the City to ask for some seed money in the amount of$25,000. She questioned if this was really a CIP Project, but didn't know where else the funds would come from. City Manager Dave Anderson stated Council Contingency or un-obligated General Fund money would work as well. Mayor Streit asked if there were any comments on adding the matching $25,000 to the Community Foundation. 8 Councilmember Kline stated he didn't feel it was a CIP project. Mayor Streit agreed they needed to find another funding mechanism. Discussion occurred as to whether there were other projects that didn't qualify as CIP projects. Mayor Streit noted he has one issue about partially de-funding a project and that would be the SV ACA Project. He stated that $710,000 is budgeted. Current options require a contribution of $300,000. Mayor Streit recommended that Council reduce funding from $710,000 down to $300,000, and free up $410,000 for additional CIP projects. Councilmember Kline agreed. Councilmember Bogosian noted in regards to the SV ACA project - the $71 0,000 was Saratoga's up front proportional share, should the City decide to participate in a Joint Powers construction of a shelter, and assumed the shelter wasn't financed. In the interim the SV ACA Board has opted for a financing arrangement. Financing would free up the amount of money the Mayor is talking about and allows the City the flexibility of participating with SV ACA, or pursuing other options, such as contract services. He stated he would support it. Mayor Streit asked the City Attorney if they needed a motion on that to move $410,000 or just direction. City Attorney Richard Taylor stated they could go with direction only. Mayor Streit asked if it was okay with Council to decrease SV ACA funding in CIP from $710,000 to $300,000 and add $410,000 to total un-allocated funds. Mayor Streit asked Director Cherbone to finish his report so they could then go to Public Hearing. Director Cherbone proceeded with his report regarding the status of CIP funds. He noted Council adopted a Budget Resolution on October 15th which created an un- obligated CIP Fund balance of$555,133 in addition to the $23,292 in unspent funds from completed CIP projects that were made available when Council approved the adoption of the Resolution at tonight's meeting; plus $49,710 made available from CIP Projects originally in the operating budget that were over funded when they were transferred to the CIP. In addition to those, the State of California Department of Parks and Recreation recently forwarded a letter to staff stating the City's allocation of 2002 Bond Act Funds in the amount of $302,454 will be made available to the City. This is an outcome of the passage of Proposition 40. These funds can only be used for park projects. These resources, plus the $410,00 Council just directed staff to un-obligate, brings the total available funds for CIP Projects to $1,340,589.00. Councilmember King asked Director Cherbone ifhe knew if the City was getting their share of Proposition 40. 9 Director Cherbone stated every City was getting their proportional amount based on a per capita formula. He noted there are some grant funds that are included in the bond that the City can apply for and staff is investigating. Vice Mayor Waltonsmith asked Director Cherbone for clarification of the total funds currently available for new or existing CIP Projects. Director Cherbone reiterated - $1,340,589. Director Cherbone continued presenting staff report regarding the approved CIP proJ ects that Council directed to be placed on the Candidate List at the October 1St Council Meeting. Director Cherbone stated he wanted to begin with the introduction of 5 additional Candidate Projects submitted by the Facilities Maintenance Division: o Civic Theater Lower Perimeter Re-Roof @ $49,500 o Civic Center Eave Replacement - Community Development/Engineering @$17,600 o Civic Center HV AC Duct Improvements - City Manager/Administration @ $8,250 o Civic Center Re-Roof - City Manager/Administration @ $55,540 o Civic Center Re-Roof - Community Development/Engineering @ $91,080 Ofthese 5 projects staff places a higher priority on the first two; on the Civic Theater Lower Re-Roof and the Civic-Center Eave Replacement - Community Development/Engineering Building. Mayor Streit asked if that was because the other three are planned to be completed long term. Director Cherbone confirmed they are in a 5-year facility maintenance plan. In terms of funding they can be funded in out-years in the new 5-year CIP or if Council decides to develop a sinking fund. Councilmember Bogosian questioned where the eave replacement was - this building (the Theater which is the older building) or the building which is right next to us. Director Cherbone stated it is the eaves on the older building, which is the Building/Engineering Department. Councilmember Bogosian asked about eave replacement on this (Civic Theater) building. Director Cherbone stated the lower roof portion needs to be replaced on the Civic Theater. Councilmember King commented about energy costs and insulation consideration in the re-roofing of the buildings. City Manager Dave Anderson noted that approximately two years ago the City went through a complete energy audit and replaced many lights, insulation, etc., and we are addressing the issue. 10 Councilmember King indicated that if we fund this project, we specifically look at new approaches to insulation in order to be more energy conscious. Director Cherbone indicated they would invite Facility Maintenance to come back with a memo or to attend in person at the next meeting in order to address those concerns. Councilmember Bogosian commented on the mold smell he has noticed in the small adjoining room (Engineering Conference Room) of the Theater building when there is a high humidity level. He wanted to know if the smell has anything to do with the eave situation, and is this money that is to be appropriated going to include the cleaning of any ceiling materials or anything that we might discover once the ceiling is removed. Director Cherbone noted there is on the over-hangs and the eaves that you walk under and that may be the cause of the smell. He also stated that interior work would not be included in this specific proj ect. Councilmember Bogosian asked if they would make an effort to explore where the water flows and if it has gone further into the building. Councilmember King noted that PG&E has a program available where they will come in and do this type of work. Director Cherbone thanked her and said he would pass that information on to Joan Pisani, Director of Recreation/Facilities. Mayor Streit commented that all the new roofs that are being installed are the white-reflective, very sealed roofs, and are very energy efficient. Vice Mayor Waltonsmith asked Director Cherbone if we could tap into any rebates. Director Cherbone said they would if these types of rebates were applicable and available. Director Chebone then briefly went over the new projects, which Council had already placed on the Candidate List for consideration. New CIP Projects: o Village Façade Matching Fund @ $50,000 o Children's Amphitheater @ $60,500 o Foothill School Joint Improvements @ $27,500 o Blaney Plaza Improvements - Construction Phase @ $121,000 o Fire Alarm System for Historical Park Buildings @ $7,425 o Repair Work to Trail Segment #3 ("Tank Trail") @ $16,500 o Sobey Road/Quito Road Traffic Improvements @ $150,000 o Norton Road Fire Access Road @ $110,000 o Aloha Street Safety Improvements @ $49,500 o North Campus Improvements (Fellowship Hall) @ $151,800 o Odd Fellows Trail Development @ $60,500 11 o San Marcos Open Space Trail @ $27,500 o New City "Gateway" Monument Signs @ $17,500 Adopted Unfunded CIP Projects: o Park/Trail Repairs @ $30,000 o Kevin Moran Park Improvements @ $400,000 o Median Repairs (Landscaping/Irrigation) @ $82,500 Grand Total including the 5 additional Candidate projects submitted by the Facilities Department is $1,584,195. There was continued discussion on various projects Councilmember Kline wanted to clarify for the members ofthe audience that Council is basically approving funding for projects that have not really been approved. Just because funding is approved, doesn't mean they are necessarily approving the project. Councilmember Kline raised the concern about items such as the Odd Fellows Trail, San Marcos Open Space Trail, and the Gateway Signs. These are all great projects, however he would like to see a contingency fund built in the CIP for projects that come up. Mayor Streit noted that a project has to be listed in order for it to go to the Planning Commission and the Environmental Impact considered. You can take whatever projects you want, not put any dollars on it, send it through the Planning Commission and when they come back to Council on the 19th, then they could add dollars to get them designed and see what would happen. Just because we have a million three forty, doesn't mean we have to spend a million three forty tonight. The projects have to stay on the list tonight in order to go through the Planning Commission to get approved. City Attorney Taylor noted that this is not a commitment that you are going to spend the money, it is simply how you are allocating planning resources. Councilmember King brought up the Foothill Fields item and that they may be a way to work that funding through A YSO. Director Cherbone noted that if Council wanted to place that project into the purview of A YSO sports-user group they could do that. A YSO, along with the help of the City in terms offacilitation and project management, could come up with the funding for that project. Removal is an option if Council wants to go about that proj ect in a different manner. After continued discussion, it was agreed by Council to remove the first three project items from the new and adopted unfunded CIP Projects approved for funding consideration. Mayor Streit opened the public hearing and invited public comments. Anne Sanquini commented on the Parks and Trails Programs for the City. She spoke in favor of the Odd Fellows Trail development. 12 Laura Watkins addressed the Council in support of having Kevin Moran Park in the budget and urged them to consider provisions for soccer field use. Denise Michel asked the Council for their support in providing a pedestrian- activated light at the crosswalk of Highway 9 and Oak Street. She stated the crosswalk light is supported by both the Village Green Neighborhood and the Oak Street Neighborhood. It is referred to as the "Crosswalk of Terror" because ofthe dangers associated with this crosswalk. She stated a member of the Men's Club was struck by a car while in this crosswalk and because ofthat the Men's Club now hires a Sheriff to ensure that cars stop when they use the crosswalk at Highway 9. Isabelle Styslinger addressed the Council regarding the crosswalk at Highway 9 and Oak Street and asked the Council to provide a pedestrian-activated light at the crosswalk. Councilmember King asked Ms. Styslinger if a crossing guard would work at this crosswalk, as there is funding available for that. Ms. Styslinger stated that the school district has been asked to put crossing guards at this crosswalk; they refused due to the unsafe conditions at this crosswalk. Bryan Rosevear spoke in favor of a pedestrian-activated light at this crosswalk. He also noted that ifthere were a light at this crosswalk more people would walk their children to Oak Street School rather than drive. He stated this was a public safety issue. James Kardach asked the Council to provide funds for a pedestrian-activated light at the Highway 9/0ak Street crosswalk. John Schmelzer addressed the Council on organized sports for children and the need for the development of Kevin Moran Park and soccer fields in the community. Dennis Farmer voiced his support for the development of Kevin Moran Park, walking trails and soccer fields. Howard Miller noted his support of Kevin Moran Park and more soccer fields. Fred Nourzad noted he is in favor of the development of Kevin Moran Park and additional soccer field space. Hadi Ghafouri spoke in favor ofthe development of Kevin Moran Park and soccer fields. Steve Young spoke in favor of the development of Kevin Moran Park and additional soccer fields. Anthony Hoffinan spoke regarding the development of Kevin Moran Park and the traffic and safety issues in that area. Whatever development takes place, uppermost consideration should be the safety of the people using the park. Cheriel Jensen addressed the Council regarding underground power lines in the 13 community and asked Council to consider CIP funding for this purpose. Marty Goldberg addressed the Council regarding Kevin Moran Park. He felt it is important the City work with the residents regarding the development of this park and the people who would be impacted before and after the activities planned for the park and to seek public commentary. He also noted this is an Improvement Plan and the City needs to keep that in mind as they move forward on this park. Councilmember King asked Mr. Goldberg ifhe was volunteering as a neighbor in that area, ifthe Council moves forward with development of Kevin Moran Park. Mr. Goldberg indicated that he was. Steve Clapp added his support of Kevin Moran Park as well as soccer fields. Rosanne Spencer voiced her support of soccer fields and Kevin Moran Park. James Lustenader spoke in support of Kevin Moran Park and additional soccer fields. Elaine Clabeaux spoke regarding the interest in soccer fields at Kevin Moran Park. She noted that residents stated that Redwood, Quito and Congress Springs Parks would be sufficient for A YSO soccer. She feels the City has other needs along with the soccer field needs as well; a youth center for youth to meet and have youth activities. She feels if the City wants to spend the money on the development of soccer fields, we need to look at the least expensive and most logical method and not have people stating the fields should be put in Kevin Moran Park. Flat grass for soccer practice and fields for soccer play are two different entities. She noted the North Campus would be ideal for flat grass practice fields with parking facilities already included. She also noted facilities at W est Valley College need to be explored as well. She suggested that if Council is going to put forth $400,000 toward developing Kevin Moran Park it should be done in the manner that other parks were developed; it should go to a Task Force, and the Task Force should come up with a list of desirable items that should go into a park. Sheila Penuen spoke in support of A YSO and CYSA Soccer and the need for additional soccer fields. Mayor Streit closed the public hearing. Further discussion occurred by Council regarding Highway 9 and Oak Street crosswalk concerns. Mayor Streit noted the crosswalk issue would be brought back at the next meeting or the meeting thereafter, and then to the Public Safety Commission. Discussion took place regarding the suggestion to budget for underground power lines. Discussion took place on the cost of a skateboard park. 14 Discussion occurred regarding youth activities and the need for a piece of property for youth facilities, not only for flat grass and soccer fields. After additional discussion it was concluded that by removing the last three new CIP projects that have not already been approved for funding consideration - the Civic Center HV AC improvements, Civic Center re-roof for Administration and Community Development/Engineering re-roof - until the next CIP, along with the Children's Amphitheater and Foothill School Joint Improvements (Field Improvements) the Council would achieve a balanced budget and could approve the CIP budget. W ALTONSMITHIKLINE MOVED THAT COUNCIL SEND THE CIP WITH ELEMENTS DISCUSSED TO THE PLANNING COMMISSION AND THE PUBLIC HEARING BE CONTINUED TO DECEMBER 17, 2003. MOTION PASSED 5-0. Mayor Streit declared a lO-minute break at 9:25 p.m. Mayor Streit reconvened the meeting at 9:40 p.m. 5. ZONING ORDINANCE AMENDMENT - REVISIONS TO ARTICLE 15-06 DEFINITIONS STAFF RECOMMENDATION: Conduct Public Hearing; grant first reading. TITLE OF RESOLUTION: 03-073 Tom Sullivan, Community Development Director, presented staff report. In an on going effort to make the City of Saratoga processes and ordinances consistent with one another, Staff is presenting to the City Council a set of amendments to the Definitions section of the Zoning Ordinance. This section was selected as the next major update, as it is one of the most widely used portions of the Saratoga City Code. Councilmember Bogosian asked Director Sullivan for clarification on the definition offences as to whether or not hedges, vegetation or rows of trees could become "fences". Director Sullivan stated no they do not. The only place it becomes an issue is in the line of sight triangle at an intersection. Next Councilmember Bogosian referred to sub section "F" on page 14 of24 and asked for clarification on the wording - "May I sign or designate lot lines for irregular shaped parcels?" Director Sullivan explained that under City Code the Director of Community Development can assign front, side and rear lot frontages. As a practical matter, 15 the Director meets with planners and applicant to discuss and assign front, side and rear lines on irregnlar shaped lots or hillside parcels. CounciImember Bogosian referred to page 22 of24 regarding setbacks and physical variance grants versus use variance. He asked Director Sullivan to clarity if this is the only kind of variance that the City grants in the planning process. Director Sullivan responded yes, it is. Councilmember Waltonsmith asked Director Sullivan if the word "horses" could please be replaced with "Equines" through out the document. Director Sullivan responded yes, he would do that. Mayor Streit opened the public hearing. No members of public requested opportunity to speak. Mayor Streit closed the public hearing. W ALTONSMITH/BOGOSIAN MOVED TO APPROVE FIRST READING OF PROPOSED ORDINANCE AS AMENDED AND THE NEGATIVE DECLARATION. MOTION PASSED 5-0 6. CONSIDERATION OF PROPOSED ORDINANCE REGARDING TOWING AND REMOVAL OF BOATS, TRAILERS AND INOPERATIVE MOTOR VEHICLE FROM PRIVATE AND PUBLIC PROPERTY STAFF RECOMMENDATION: Conduct Public Hearing; read title of proposed ordinance; waive reading of full ordinance; direct staff to place ordinance on consent calendar for second reading. Tom Sullivan, Community Development Director, presented staff report. Staff presents a proposed ordinance amending the City Code regarding towing and removal of boats, trailers and inoperative motor vehicles from private or public property. The Code currently authorizes towing under appropriate circumstances. This ordinance would update the Code to conform to state law and recent court decisions. Mayor Streit opened the public hearing. Mayor Streit closed the public hearing. BOGOSIAN/W ALTONSMITH MOVED TO WAIVE FIRST READING AND TO BE PLACED ON CONSENT CALENDAR FOR VOTE. MOTION PASSED 5-0 16 OLD BUSINESS 7. CITY/SCHOOL ADHOC COMMITTEE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that at the February 2003 City Council Retreat, Council approved the formation of the City/Schools Adhoc Committee to improve the communications between the seven school districts and two private schools. On October 28, 2003, Mayor Nick Streit, Councilmember Kathleen King and City Manager Dave Anderson met to establish goals and mission of the Committee. City Attorney Richard Taylor clarified what the term "Adhoc Committee" means. The Adhoc Committee consists of two Council Members - Mayor Nick Streit, Kathleen King and non-voting member, Dave Anderson. Their goal is to work with a representative from the Saratoga Library, the Sheriffs Office and a member from the general community to identify issues that are important to the schools and the community. Councilmember Bogosian noted that he felt the Council should address specific issues with each school such as transportation, traffic, and circulation. Councilmember King noted it is important that the Committee first build a rapport with each school and based on the large number of schools involved, it would be difficult to accomplish more than that in the first year. Mayor Streit concurred with Councilmember Bogosian in one aspect - traffic issues. He noted that some schools in some of the districts worked very well with the City in alleviating traffic problems and other districts have not. He felt that one of the goals of the Committee is to learn the best practices from those districts that are working collectively and to open the lines of communication between those districts that are not working well with the City to alleviate traffic and transportation problems. Councilmember Kline noted that this Committee should interface with the school districts and bring back to Council relevant actions. Consensus of the City Council regarding the Adhoc Committee's first-year goal is for the Committee members to meet with participants from all the school districts in Saratoga and present the Committee's goals and mission. 8. SARATOGA HISTORIC MUSEUM IMPROVEMENTS STAFF RECOMMENDATION: Accept report and determine project scope and funding source. Dave Anderson, City Manager, presented staff report. 17 City Manager Dave Anderson explained that at the October 15, City Council meeting, City Council directed staffto remove the Historical Museum Improvement project from the list of candidate CIP projects. This occurred because of the desire to move forward with the project independently of the CIP process in light of the impending improvements scheduled for the Museum and the immediate need for additional funding for those improvements. Warren Heid, Architect, addressed the Council on the proposed Museum improvements and presented Council with a handout depicting the additional costs to upgrade the siding material specified for the addition to the Museum so that it would match the existing wood siding. After additional discussion Councilmember Bogosian moved for approval to appropriate $5,000 from the Council Contingency Fund for the siding upgrade. Councilmember King indicated the amount funded from the Council Contingency Fund should be higher and suggested the 10% funding so they wouldn't come up short. Consensus of the City Council to appropriate $5,500 from the Council Contingency Fund for siding upgrade. 9. SARATOGA CIVIC CENTER FIRE ALARM PROJECT STAFF RECOMMENDATION: Declare Omnitronics, Inc. to be the lowest bidder; award contract; authorize change orders up to $4,800. Morgan Kessler, Public Works Assistant Engineer, presented staffreport. Assistant Engineer Kessler explained that a total of three contractors submitted bids for the Civic Center Fire Alarm Project. He noted that funding of $48, 1 00.00 in City resources was currently available and $5,645.00 in Grant funds, totaling 53,745.00. He noted this amount is less than the lowest bid for the complete project. He further stated that priority was given to the Civic Center Administration/Planning buildings and the Civic Theater, reducing the total bid to $47,435.00. Councilmember King questioned whether there would be an effect on the fire insurance costs if the Warner Hutton House and Corporation Yard are not covered with this fire alarm system. Vice Mayor Waltonsmith recommended that Council go forward with what they can afford right now, with the provision that staff bring back the information on the insurance cost. Consensus ofthe City Council to accept recommended action to award Omnitronics, Inc. the project contract and authorize change orders up to $4,800. 18 NEW BUSINESS 10. USE OF ADULT CARE CENTER FOR TELEVISED COUNCIL MEETINGS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Dave Anderson explained that in past years the Adult Care Center had been used for Adjourned Meetings (meetings with various Boards and Commissions) every other Tuesday for the first six months ofthe calendar year. Since the Adjourned Meetings are no longer held in this manner in the Adult Care Center, KSAR has made an inquiry as to whether they should upgrade, abandon, or pull out the existing video equipment in the Adult Care Center. Mayor Streit noted that some of the equipment such as the mixers, have already been pulled out and are being used in the Council Chambers, but could be reinstalled in the Adult Care Center. Councilmember Bogosian noted that it doesn't cost anything and since the space is already set up for a televised meeting, why not leave it alone. Councilmembers Waltonsmith and Kline concurred with Bogosian. 11. PROPOSED CITY COUNCIL MEETING CALENDAR FOR 2004 STAFF RECOMMENDATION: Accept report; and direct staff accordingly. Deputy City Clerk Ann Sullivan presented staff report. Deputy Sullivan noted that the draft City Council Meeting Calendar for 2004 had specific items that needed direction from the Council. Scheduling of the Council/Commission Joint Meetings and the Council Retreat for 2004. Deputy Sullivan noted suggested dates were January 24,2004 for the Commission/Council Retreat and February 7,2004 for Council/Staff Retreat. Council dialogue took place noting various options in regards to the Commission meetings. Suggestions included reverting back to the first and third Tuesday of the month, a specific Commission scheduled first and third Wednesday of each month prior to Closed Session, or start Closed Session earlier and schedule a Commission to meet with Council prior to the Council Meeting. Consensus of the City Council was to schedule the Council Retreat for January 24, 2004 and to schedule each Commission, one at a time, to meet with Council prior to regular Council meetings starting with the first Council Meeting in January. 19 AGENCY ASSIGNMENT REPORTS Mayor Streit reported that Hakone Foundation is going well and had no other reportable information. Vice Mayor Waltonsmith reported the following information: Countv Cities Association Legislative Task Force was scheduled to have a Joint Meeting with the County Cities Association to discuss the Measure regarding maintaining their money. Saratoga Historical Foundation - Extension SASCC - Would like to communicate with Council as a whole, not just one Council Member. Waltonsmith reported they just hired a new Program Coordinator/Social Worker for 35 hours a week. She was previously from the Council on Aging and works 25 hours a week with the seniors and the remaining 10 hours per week works at the Day Care Center. Valley Transportation Authoritv PAC - Still no money. She noted that when PAC was originally designed, it was envisioned as a governing body that would work along side the Board of Directors, but over the years has become marginalized as just a "rubber stamp". Councìlmember Kathleen King reported: KSAR Communitv Access TV Board - Reported that KSAR did a lot of filming for the "Building Bridges" event and filmed all five of the religious evenings and it has been very successful. Copies of the program are already showing on Channel 15. Sister City Program - Will have their potluck December 7'h for Christmas; invitations will be going out shortly. Sister City representatives requested the Saratoga Mayor send a Historical Foundation/Heritage Preservation Commission calendar to the Muko-Shi Japan Mayor along with a letter. West Vallev Solid Waste Joint Powers Association - Invited Council Members to attend the next meeting, on November 6,2003. Councilmember Norman Kline reported: JP A Library - Thanked Councilmember Bogosian for attending the meeting in his place. He reported the JP A Board considered bond measure terms and approved going forward with a 7-year term at $42/parcel (up from $33/parcel). Councilmember Kline then asked Councilmember Bogosian ifhe would care to comment on the actual meeting. **Councilmember Bogosian then added that the consultants that are paid did two polls; one earlier and one later. One was done just prior to the state recall election and it was the opinion of the polltakers that definite approvals for various categories in funding levels became more shaky as time went on. The levels got worse as it got closer to the recall election. They recommended that they take the shortest time possible. One suggestion was a 5-year plan, which was rejected. Another motion was made for a 1 O-year plan. A vote was taken on a 7-year plan at $42.00 a parcel assessment. Councilmember Stan Bogosian reported: 20 Emergencv Planning Council- At the last meeting they looked at emergency preparedness, specifically for terrorism. Silicon Vallev Animal Control- Councilmember Bogosian attended the Los Gatos Council meeting on November 3, 2003, and reported that the Los Gatos Council voted to enter into negotiations with the City of San Jose for provision of animal control services. However, they stopped just short of withdrawing from SV ACA. West Vallev Sanitation District - they are commencing a rehab in the Village of Saratoga and also a rehab commencing on Santa Cruz Avenue in Los Gatos. Undergrounding will be done through manholes not through digging. Councilmember Bogosian also noted that he received a notice for the Monterey Bay Area Association meeting and would not be able to attend. He was hoping another member of the Council would be available to attend. Norman Kline volunteered to attend. CITY COUNCIL ITEMS Vice Mayor WaItonsmith: Referred to the devastating fires in southern California - all the information we talked about, how trees burn, firestorm; requests the City co-sponsor a social reform with CDF on managing your properties, escape routes, etc. Specifically invite the citizens that live in the hills. Liz Kniss' staff person suggested the Council write a letter to the Board of Directors requesting that the Quarry Trail concept be added to their County Master Trail Plan. A letter from the City of Saratoga would add strength to their mission. WaItonsmith asked that this item be placed on the next Council agenda. Building Bridges Event - was quite successful. Approximately 3,000 people attended the event. Councilmember Bogosian: Attended a forum held by the Santa Clara County Human Rights Commission dealing with the implications of the Patriot Act. He noted that several cities passed resolutions similar to the one the City of Saratoga passed. He noted several speakers spoke regarding the follow-up steps that can be taken to ensure the sentiment expressed in those resolutions. Councilmember Kline: Stated "Saratoga Today Show" is going on a winter hiatus and will be returning in the spring. Councilmember King asked whether or not video tapes for the television show were available at the library. Kline indicated they were not, however, he would be able to provide a tape to anyone who was interested in viewing a tape. Mayor Streit: Noted the PG&E Trail notification cards and letters could not be printed and mailed in time for the November 19th meeting; but they would be ready for the first meeting in December, which would be Wednesday, December 3, 2003. 21 OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Streit declared the meeting adjourned at 11 :45 p.m. ~ 22