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HomeMy WebLinkAbout06-05-2002 City Council Minutes MINUTES SARATOGA CITY COUNCIL JUNE 5, 2002 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 5:15 p.m. to interview applicants for the Heritage Preservation Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel Existing Litigation (2 cases): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV- 803540) Conference With Legal Counsel Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. West Valley- Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) 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 requested Evan Baker, Vice Mayor, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Ann Waltonsmith Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: Councilmember John Mehaffey ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Tom Sullivan, Community Development Director Joan Pisani, Recreation Director REPORT OF CITY CLERK ON POSTING OF AGENDA FORM JUNE 5, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of June 5, 2002 was properly posted on May 31, 2002. COMMUNICATIONS FROM COMMISSIONS PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bill Breck, 20375 Saratoga -Los Gatos Road, reported that Mr. Cutler has reported more code violations to his home, threatened to destroy trees, and threatened six neighbors. Mr. Breck noted that Mr. Cutler also has a nonconforming barn and has encroached on ingress and egress easements. Mr. Breck requested that the City Council shut down Mr. Cutler's project and the requested that the City get a court injunction to protect the trees. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Vice Mayor Baker asked what instruction from the City has been given at the construction site. Tom Sullivan, Community Development Director, reported that there are two active permits on the site. The first is for a wall, that permit has been subject to stop work for several months. The guesthouse, what Mr. Breck refers to as the "barn", is the other permit. The plan indicates that the height is supposed to be 23 feet 6 inches. Director Sullivan explained that in regards to the various complaints filed with the Community Development Department, staff has separated the valid ones from the complaints with no validity, sent letters to the complainants, and staff will continue to investigate several complaints. Director Sullivan noted that he would continue to keep the Council informed via the weekly newsletter. Vice Mayor Baker asked Director Sullivan if the City shut down the entire project. Director Sullivan stated that stopping the project may gain Mr. Cutler's attention, but at the same time it might push him over the edge to follow through with his threats. Vice Mayor Baker asked if Mr. Cutler has been following the City code. Director Sullivan noted that the permit for the cement wall should never have been issued because Mr. Cutler did not show the canopy of the trees. Mayor Streit requested that Director Sullivan indicate to Council when he wants the Council to step in and take over. Director Sullivan noted that he has offered the principal players to participate in mediation, but everyone has refused to participate. City Council Minutes 2 June 5, 2002 ANNOUNCEMENTS None CEREMONIAL ITEMS 1A. COMMENDATION FOR JAMES ATKIN, ABHIK PRAMANICK, RAMI EL- DIWANY, CHRISTINA SIADAT, DARRELL WU STAFF RECOMMENDATION: Present proclamation. Cathleen Boyer, City Clerk, read the commendations and Mayor Streit presented them to the outgoing Youth Commissioners. 1B. APPOINTMENT AND OATH OF OFFICE FOR THE YOUTH COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING EIGHT YOUTH COMMISSION MEMBERS. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. Cathleen Boyer, City Clerk, administered the Oath of Office to the following new Youth Commissioners: Conner Skelly, Kelly Burke, Ted Sclavos, Shruti Jayakumar, Deborah Wu, Tami Maltiel, Joanna Lee, James Ballingall PUBLIC HEARINGS 3. APPROVAL OF ENGINEER'S REPORT AND CONFIRMATION OF ASSESSMENTS FOR FY 2002 -03 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT LLA -1 STAFF RECOMMENDATION: Adopt resolution ordering the improvements and confirming the diagram and assessments for FY 2002 -2003. TITLE OF RESOLUTION: 02 -037 RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT City Council Minutes 3 June 5, 2002 John Cherbone, Public Works Director, reported that this was the final hearing for FY 2002 -03 Lighting and Landscaping Assessments. The attached resolution completes the renewal of the Landscaping and Lighting Assessment District LLA- 1 for FY 02 -03. Once adopted, the resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal year. Mayor Streit opened the public hearing at 7:34 p.m. Mayor Streit closed the public hearing at 7:35 p.m. BOGOSIAN /BAKER MOVED TO ADOPT RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FY 2002 -03. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 4. ZONING ORDINANCE AMENDMENT PERMITTING SMALL WIND ENERGY SYSTEMS STAFF RECOMMENDATION: Conduct public hearing and adopt ordinance. Ann Welsh, Assistant Planner, presented staff report. Planner Welsh noted that staff recommends adoption of the ordinance permitting Small Wind Energy Systems in order to comply with the State mandate regarding Assembly Bill 1207 which was intended to ensure that municipalities enact zoning measures which allow windmills for on -site home, farm, or small commercial use. Planner Welsh noted that Assembly Bill 1207 was enacted on October 5, 2001 in response to the energy shortage. The Bill is intended to ensure that municipalities enact zoning measures, which provide for small wind energy systems. Planner Welsh noted that in order to encourage municipalities to adopt their own ordinance within the State guidelines the State has adopted a program whereby the State regulations become effective July 1, 2002 if the City fails to enact an ordinance addressing the use. Councilmember Bogosian asked how the setbacks were determined in the proposed ordinance. Planner Welsh explained that if city does not let the default go into effect and adopts their own ordinance, the state would allow setbacks to be equal to the height of the windmill. Mayor Streit opened the public hearing at 7:39 p.m. Mayor Streit closed the public hearing at 7:40 p.m. City Council Minutes 4 June 5, 2002 BOGOSIAN/BAKER MOVED TO WAIVE FIRST READING OF THE ZONING ORDINANCE AMENDMENT PERMITTING SMALL WIND ENERGY SYSTEMS AND PLACE ON THE CONSENT CALENDAR FOR JUNE 19, 2002. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 5. GENERAL PLAN LAND USE MAP AMENDMENT FROM QUASI PUBLIC FACILITIES TO PUBLIC FACILITIES -19848 PROSPECT ROAD STAFF RECOMMENDATION: Conduct public hearing and adopt resolution. TITLE OF RESOLUTION: 02 -038 Tom Sullivan, Community Development Department, presented staff report. Director Sullivan reported that the City has made an offer to Grace United Methodist Church to purchase their property at 19484 Prospect Road. When a City purchases property, the Planning Commission is required to review the City's General Plan and determine if the subsequent use of the property is consistent with the General Plan. As the current Land Use designation is Quasi Public Facilities, the planning Commission has recommended that the City Council amend the General Plan Land use designation of 19848 Prospect Road from Quasi Public Facilities to Public Facilities. Director Sullivan noted that the Planning Commission has also reviewed an Initial Study and has granted a negative Declaration of Environmental Impact for the amendment. Mayor Streit opened the public hearing at 7:44 p.m. William Ford, 19905 Viewridge Drive, stated that his property is contiguous of the southwest corner of the church. Mr. Ford noted that he has two concerns. First, will the City continue to maintain the landscape barrier and secondly, would the City participate in a 50/50 good neighbor fence program. City Manager Anderson noted that these are issues that would be discussed at a future meeting. Roger Piazza, 19828 Colby Court, noted that he has approximately 230 feet of property adjacent to the church. Mr. Piazza noted that his main concern is the hours of operation of the proposed use. Mayor Streit noted that this City Council has been dedicated to maintaining the character of Saratoga neighborhoods and would not approve any use that would be disruptive. Councilmember Bogosian noted that the use of the property would be a public property and is going to be a lengthy process. City Council Minutes 5 June 5, 2002 Margo Johnson, 19845 Viewridge, noted that she also has a contiguous lot line with the church. Mrs. Johnson asked what type of operation is proposed to move into the church. City Manager Anderson responded that the Saratoga Areas Senior Coordinating Council is proposed to move to that site. Mayor Streit closed the public hearing at 7:50 p.m. Mayor Streit noted that all of the surrounding property owners would be kept in the loop of discussions in regards to the property. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION TO AMEND THE GENERAL PLAN LAND USE MAP AMENDMENT FROM QUASI PUBLIC FACILITIES TO PUBLIC FACILITIES 19848 PROSPECT ROAD. MOTION PASSES 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 6. RESOLUTIONS ADOPTING THE CITY BUDGET FOR FISCAL YEAR 2002 -03 STAFF RECOMMENDATION: Conduct public hearing and adopt resolutions. TITLE OF RESOLUTION: 02 -039 RESOLUTION ESTABLISHING THE FY 2002 -03 APPROPRIATION LIMIT TITLE OF RESOLUTION: 02 -040 RESOLUTION ADOPTING THE BUDGET FOR FY 2002 -03 MAKING APPROPRIATIONS AND APPROVING THE CITY'S 2002 -03 CLASSIFICATION PLAN TITLE OF RESOLUTION: 02 -041 RESOLUTION ESTABLISHING A SCHEDULE OF FEES Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca stated that he was presenting a balanced budget. Director Baloca explained the following 2002 -03 budget overview: Operating Revenues General Fund -$8.8 million Total City -$15.6 million City Council Minutes 6 June 5, 2002 Total Expenditures General Fund- $8,183,693 Total City (excluding Library)- $15,177,182 Library- $7,957,470 Total City- $23,134,652 Fund Balances General Fund o FY 01 -02 $6,669,676 o FY 02 -03 $6,800,462 Other Major Fund Balances Development Services Environmental Programs Library Expansion Reserves General Fund -2.303 million Operating Reserves -$1.5 million Economic Uncertainty -$2 million MIS and PERS $2.791 million Undesignated Reserves -$6.8 million Total -$6.8 million Director Baloca noted that 2002 -03 Operating Budget is purely an operating budget except for the library budget. Director Baloca noted that the operating capital has been reduced by 72 Director Baloca noted that there are no new FTE'S although two proposed reclassifications. Director Baloca noted that Richard Allen of the Finance Commission was present tonight to answer any questions the Council may have. Mayor Streit opened the public hearing at 8:10 p.m. Vice Mayor Baker stated that he was impressed by the Finance Commission's efforts on their review of the budget. In regards to the Commission's last meeting, Vice Mayor Baker noted that the Commissioners had a number of questions that had not been answered in regards to this proposed budget and wondered if they got the answers they needed to support this budget. Richard Allen, Finance Commission, 13678 Old Tree Way, noted that one of the questions that the Commission spent most of their time was the City's allocations. The Commission thought that there was a disconnect between revenue spending and ending fund balance. Commissioner Allen stated that he spent time with Director Baloca and Chair Swan and now has a better understanding of the issue. City Council Minutes 7 June 5, 2002 Commissioner Allen noted that the other significant issue the Commission still has is with the proposed Fee Schedule for Development Services. Commissioner Allen noted hat the Commission did not have the opportunity to discuss the fees with Director Sullivan. Commissioner Allen noted that the Finance Commission is pretty comfortable with the overall budget. Vice Mayor Baker recommended that the adoption of the resolution on fees be postponed until the Finance Commission had an adequate opportunity to review them. Consensus of the City Council to continue the adoption of the Fee Schedule until after the Finance Commission has thoroughly reviewed all of the fees. Mayor Streit closed the public hearing at 8:15 p.m. WALTONSMITH/BAKER MOVED TO ADOPT RESOLUTIONS ADOPTING THE CITY BUDGET FOR FISCAL YEAR 2002 -03. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. WALTONSMITHBAKER MOVED TO ADOPT RESOLUTION ESTABLISHING THE FY 2002 -03 APPROPRIATION LIMIT. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. WALTONSMITHBAKER MOVED TO ADOPT RESOLUTION ADOPTING THE BUDGET FOR FY 2002 -03 MAKING APPROPRIATIONS AND APPROVING THE CITY'S 2002 -03 CLASSIFICATION PLAN. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. OLD BUSINESS 7. LIBRARY BUDGET UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that in regards to change order activity no final change order activity has occurred since the last report on May 1, 2002. However, Assistant City Manager Tinfow noted that she is tracking several change requests, the two largest being the removal of the concrete found in the existing building footing ($10,483.00) and installation of utility lines in Phase II ($14,000). Assistant City Manager Tinfow reported that in regards to the budget status there is a balance of $311,133 or additional change orders that remains in the original budget of $14.5 million. The $500,000 buffer remains for additional library construction expense if needed. City Council Minutes 8 June 5, 2002 Assistant City Manager Tinfow reported that construction remains on schedule. The new library should open Spring 2003. Mayor Streit thanked Assistant City Manager Tinfow for the report. 8. RENEWAL OF LAW ENFORCEMENT AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND APPROVAL OF THE SHERIFF'S SERVICE CONTRACT FOR 2002 -2003 STAFF RECOMMENDATION: Authorize City Manager to execute contracts. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve explained that tonight staff was recommending that Council approve the renewal of the Law Enforcement contract with the County of Santa Clara and approve the Delivery Contract for FY 2002 -03. Analyst Reeve noted that the 5 -year law enforcement contract with the County of Santa Clara expires June 30, 2002. The Renewal Agreement extends the contract to June 30, 2005. Analyst Reeve noted that the only minor change to the agreement amends Section IIA to update the Consumer Price Index information. On Monday, Analyst Reeve noted that the County Executive Office contacted the City and requested an added amendment to the contract. Analyst Reeve noted that the City Attorney reviewed this amendment and has approved it. Richard Taylor, City Attorney, explained that upon a thorough review at the County Council's office they realized that the Hold Harmless and Indemnity in the original agreement has been superceded. City Attorney Taylor noted that he approved of the new wording in the agreement. In regard to the Delivery Contract for FY 2002 -2003, Analyst Reeve stated that the County also requires the Sheriff to develop an annual plan projecting service levels for Saratoga, which have been mutually agreed upon by the Sheriffs Department and the City Manager. Analyst Reeve noted that Captain Dennis Bacon was present tonight to answer any questions that the Council may have. Mayor Streit asked when the additional traffic deputy approved last year would be transitioning into more of a community resource officer. Captain Dennis Bacon, SCC Sheriff Office, noted that he hopes someday soon he would be able to make that transition. City Council Minutes 9 June 5, 2002 BOGOSIAN /WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT EXTENDING THE LAW ENFORCEMENT CONTRACT WITH THE COUNTY OF SANTA CLARA FOR AN ADDITIONAL THREE YEARS. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 9. HERITAGE ORCHARD STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone reminded Council that at its May 1, 2002 Council meeting the Mayor requested a site visit to the Orchard to review the non orchard trees. The site visit was placed on the agenda for May 9, 2002. On May 9, 2002, Planner Livingstone reported that a site visit was conducted to review the trees in the Heritage Orchard. The City provided two ecological consultants and two arborists. Planner Livingstone noted that the City Council, members of the Parks and Recreation Commission, Heritage Preservation Commission, Planning Commission, Public Safety Commission, the Novakovich family, and other members of the community attended the site visit. Planner Livingstone noted that the Arborist did not see any immediate signs that the oaks trees were in poor health and felt that some moderate pruning could be allowed on some of the oak trees without damaging the trees. One issued raised by the Arborist was that if an oak tree is removed the stump should be removed and as much of the roots as possible to prevent Oak Root Fungus. The Arborist also recommended that no disking be done under the oak trees. Planner Livingstone noted that Matt Novakovich has recommend that tree #4 and 6 be removed and that some trimming be done on the other trees. Councilmember Bogosian noted for the record that Debra Ellis, who is the contract arborist for the Town of Los Gatos, described the oak trees as vigorous. Jim Stallman, 19740 Braemar, thanked the Council for the site visit and requested that the Council leave one of the silk trees for the raptors. Mr. Stallman also noted that on the site visit he learned that one of the oak trees had a natural honeybee hive in it. Jill Hunter, 20606 Lomita Avenue, thanked the Council for the site visit. Ms. Hunter noted that one of the experts at the site visit told her that heritage orchards always have nonorchard trees in it. Ms. Hunter stated that she believes that people adopted the oak trees along Saratoga Avenue. City Council Minutes 10 June 5, 2002 Councilmember Bogosian read a passage from California A Guide to Travelers and Settlers (copyright 1876). The passage presented a vivid image of an orchard. Councilmember Waltonsmith noted that the site visit was useful for her. First, someone asked Mr. Novakovich why the oak trees were left. Mr. Novakovich explained that the rumor was an original farmer had planted them, which would make them heritage trees. Mr. Novakovich noted that the oaks actually seeded in dead stumps and city staff twenty years ago left them in place. Councilmember Waltonsmith noted that Mr. Novakovich continued to explain that years ago someone wanted an oak tree park in the back section of the orchard. Secondly, at the site visit the arborist suggested that if the City was going to keep the oaks then they needed to be treated properly. Ms. Ellis suggested that Mr. Novakovich stop disking under the canopy, stop watering the orchard trees under the oak drip line, thin the oaks, prune some of them, not to plant any more trees around the oaks, and not drive the tracker under the oaks circling them at least 60 feet around the perimeter. Councilmember Waltonsmith noted that Ms. Ellis also warned the City about Oak Root Fungus. Councilmember Waltonsmith noted that she wants to take out as many of the oaks in the middle as possible which would leave over 40 oaks lining the creek on the south side of the orchard, two oaks, ten redwoods, and a couple of sycamores. Councilmember Waltonsmith proposed that the small five oaks be moved to the median on Fruitvale Avenue and move the large oak to the Gateway. Councilmember Waltonsmith suggested leaving trees 1,2,8,9. Councilmember Waltonsmith noted that the orchard should take precedence. Vice Mayor Baker noted that he agrees with the letter Mr. Novakovich sent to Council on June 1, 2002. Vice Mayor baker noted that he agrees with replanting in the oaks along Saratoga Avenue to Fruitvale Avenue, cutting the dead wood out of the silk trees and pruning the oaks. Vice Mayor Baker noted that a number of citizens have complained that the oaks are over a hundred years old, but in fact the Arborist has stated that the oaks are approximately 40 years old. Mayor Streit noted that after talking to Matt Novakovich on May 9 and after reading the recent letter he submitted to Council, he agrees with Mr. Novakovich's recommendation to remove two oak trees #4 #6) and transplanting the trees along Saratoga Avenue to the medians on Fruitvale Avenue. Mayor Streit noted he also supports cutting the dead wood out of the silk trees and pruning the oaks. Councilmember Bogosian asked if tree #3 is going to be left in the Orchard. Mayor Streit responded that it should be left until an appropriate spot is found to replant it. Mayor Streit noted that normal orchard maintenance should be continued. City Council Minutes 11 June 5, 2002 Mayor Streit reiterated Council's direction as follows: Transplant the five oaks along Saratoga Avenue to Fruitvale Avenue Remove oak trees #4 &6 Trim the silk trees Prune the oaks that are left in the orchard with Arborist supervision Continue the normal orchard maintenance operations Planner Livingstone repeated Council's direction. Mayor Streit thanked Planner Livingstone for his report. Mayor Streit declared a ten minute recess at 9:05 p.m. Mayor Streit reconvened the meeting at 9:15 p.m. NEW BUSINESS 10. APPROVAL OF 100 DESIGN PLAN CONSIDERATION OF KNOLLWOOD COURT PEDESTRIAN ACCESS STAFF RECOMMENDATION: Approve design plan; authorize pathways; authorize amenity purchases; discuss pedestrian access. John Cherbone, Public Works Director, Presented staff report. Direction Cherbone noted that tonight staff was requesting approval of three recommended actions: Access to Azule Park via Knollwood Court Approval of 100% design plan Authorization to purchase amenities Director Cherbone explained that last year City Council adopted a five -year C.I.P., which included funding in the amount of $880,000 to construct Azule Park. Since hat time staff, the Azule Task Force, and the Parks and Recreation Commission have worked towards completing the park by December 1, 2002. Director Cherbone reported that since February 11, 2002 there have been four Azule Park Task Force meetings, three neighborhood meetings with the PRC, a Knollwood Court resident meeting, and six individual meetings with adjacent property owners. Director Cherbone reported that in order to complete Azule Park by December 1st it is recommended that the park amenities be purchased separately from the construction bid. The construction contract will include costs for installation only. City Council Minutes 12 June 5, 2002 Director Cherbone explained that during the Azule Park design stage it became known that residents who reside close to the proposed Knollwood Court entrance were opposed to its construction. In order to determine the concerns of these residents a meting was held with the Knollwood Court residents and a survey was mailed to the Azule area residents that would most likely use this access to the park. The meeting was productive and a list of various safety and traffic concerns was generated. 48 out of 188 questionnaires were returned with 26 in favor and 22 against the entrance. Director Cherbone noted that at the 75% design approval meeting the PRC took public comment in regard to the Knollwood Court entrance. The PRC voted 4 -1 in favor of the entrance. Subsequently, residents in the Knollwood area asked that the issue be presented to City Council for final decision. Elaine Clabeaux, Chair /Parks and Recreation Commission, 12357 Saraglen Drive, noted that the Azule Project started at the direction of Council in March 2001. Many people worked closely together to create a Master Plan by August of that year. Chair Clabeaux noted that the Task Force's primary objected was to create a neighborhood park that serves the majority of the desires of the neighborhood. Chair Clabeaux noted that the Sheriff's Department addressed access to the park via Knollwood Court at two Task Force meetings and two public meetings. The Sheriff's Department reported that the Knollwood Court entrance was a desirable feature and did not present additional safety issues. Chair Clabeaux reported that the City sent out a survey to 188 residents that live close to the vicinity of the park. Chair Clabeaux reported that 48 responded, 26 supported and 22 opposed. Chair Clabeaux noted that most of the people who signed the petition against the access did not participate in the public process. Chair Clabeaux noted that the PRC supports the access to Azule Park via Knollwood Court. Chair Clabeaux noted that the residents on Goleta have expressed concern that the park will increase the traffic on their street if the Knollwood Court access is not included. Gregory Gates, 13226 Montrose Street, noted that he is a member of the Parks and Recreation Commission and was on the Azule Task Force. Commissioner Gates noted that the neighborhood was very involved in this project. Commissioner Gates noted that all safety issues have been addressed. Commissioner Gates noted that this project had a sense of community. In order to mitigate a possible parking problem on Knollwood Court, Director Cherbone suggested to the Task Force that "No Park Parking" signs could be installed. Anwar Ghazi, 12241 Marilla Drive, noted that almost 50% of the people surveyed stated that they did not support the Knollwood Court access. Mr. Ghazi noted that the immediate neighbors oppose the City creating an "alleyway entrance" to the park. City Council Minutes 13 June 5, 2002 Herman Lao, 19974 Knollwood Drive, noted that he is the most impacted by the Knollwood Court access. Mr. Lao noted that he opposes the access to the park via Knollwood Court. Mr. Lao noted that he does support the Azule Design Plan. Norbert Franczak, 12255 Goleta Avenue, commended the Task Force and MPA Design. Mr. Franczak noted that he fully supports the Design Plan and supports access to the park via Knollwood Court. Katie Alexander, 12340 Goleta Avenue, noted that there is no factual data to support removing or leaving the access path on Knollwood Court. Ms. Alexander suggested that the City should move forward with the access at Knollwood Court and if it creates problems, remove it. Councilmember Bogosian stated that he is prepared to support the 100% Design Plan for Azule park. Councilmember Bogosian stated that he agrees with Ms. Alexander that there is no real data that would support eliminating the access via Knollwood Court. Councilmember Bogosian noted that he would support opening of the access of Knollwood Court to the park for one year with the proviso that data be collected on the traffic, safety, and use. Councilmember Waltonsmith noted that if the City opens the access to the park via Knollwood Court she feels it would not create problems. Councilmember Waltonsmith noted that she supports returning to Council with data in one year. Vice Mayor Baker stated that he feels that the access trail should be left out of the design. Vice Mayor Baker noted that a year from now those neighbors who opposed the access will be tired of walking 6/10 of a mile to get to the entrance of Azule Park and will be asking the Council to open up the access. Mayor Streit agreed with Vice Mayor Baker opposing the access at Knollwood Court. Mayor Streit stated that he feels this access changes the character of that neighborhood too much. Vice Mayor Baker noted that it is critical that the City moves ahead with this park and suggested that the Council defer any decision on the inclusion or exclusion of the access to the park from Knollwood Court. Vice Mayor Baker noted that whatever the motion is it would be a 2 -2 vote, so this item should be brought back when there is a full council. Director Cherbone noted that he could put this item as an add alternate in the bid package. City Attorney Taylor added that Director Cherbone should put the path in as an add alternate, award the bid without the path and get a contingency amount to cover it. City Council Minutes 14 June 5, 2002 BAKER/BOGOSIAN MOVED TO APPROVE THE 100% DESIGN PLAN FOR AZULE PARK. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. BAKER/WALTONSMITH MOVED TO AUTHORIZE AMENITY PURCHASES. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL SERVICES GRACE UNITED METHODIST CHURCH RENOVATION STAFF RECOMMENDATION: Award contract and authorize City Manager to execute agreement. Joan Pisani, Recreation Director, presented staff report. Director Pisani reported that the City is scheduled to close escrow on the purchase of the Grace United Methodist Church property in mid July. In preparation of facility use by Saratoga Area Senior Coordinating Council, staff has solicited proposals for professional services from architectural firms. Phase I of the project includes a condition of analysis of the existing buildings, a CIP scope of work, and a project cost estimate. Director Pisani noted that staff contacted four architectural firms with previous experience with the City, and asked them if they were interested in submitting a bid for Phase I of this renovation project. Two firms submitted cost proposals: Anderson Brule Architects $23, 500 Noll and Tam Architects $18,220 Director Pisani noted that staff is recommending that the City Council approve the proposal from Noll and Tam Architects. BOGOSIAN /WALTONSMITH MOVED TO APPROVE THE PROPOSAL FROM KNOLL AND TAM ARCHITECTS AND AUTHORIZE EXECUTION OF CONTRACT. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. CONSENT CALENDAR 2A. CITY COUNCIL MINUTES REGULAR MEETING MARCH 20, 2002 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF MARCH 20, 2002. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. City Council Minutes 15 June 5, 2002 2B. CITY COUNCIL MINUTES ADJOURNED MEETING APRIL 23, 2002 STAFF RECOMMENDATION: Approve minutes. WALTONSMITH/BOGOSIAN MOVED TO APPROVE CITY COUNCIL MINUTES OF APRIL 23, 2002. MOTION PASSED 4 -0 -1 -1 WITH MEHAFFEY ABSENT 2C. CITY COUNCIL MINUTES REGULAR MEETING MAY 15, 2002 STAFF RECOMMENDATION: Approve minutes. Councilmember Waltonsmith requested that item 2C be pulled from the Consent Calendar. Councilmember Waltonsmith noted that she was absent on May 15, 2002 so she would be abstaining from the vote. BOGOSIAN /BAKER MOVED TO APPROVE CITY COUNCIL MINUTES OF MAY 15, 2002. MOTION PASSED 4 -0 -1 -1 WITH WALTONSMITH ABSTAINING AND MEHAFFEY ABSENT. 2D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/BOGOSIAN MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 2E. REVIEW PLANNING COMMISSION ACTION MINUTES MAY 22, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/BOGOSIAN MOVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 2F. ADOPT RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION FOR NOVEMBER 5, 2002 AND REQUESTING SERVICES OF COUNTY REGISTRAR OF VOTERS STAFF RECOMMENDATION: Adopt resolution. City Council Minutes 16 June 5, 2002 TITLE OF RESOLUTION: 02 -035 RESOLUTION CALLING A MUNICIPAL ELECTION FOR NOVEMBER 5, 2002 WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION CALLING A MUNICIPAL ELECTION FOR NOVEMBER 5, 2002. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 2G. ADOPT RESOLUTION DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTIES TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02 -036 RESOLUTION DECLARING BRUSH A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING DATE WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION DECLARING BRUSH A PUBLIC NUISANCE. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 2H. ADOPTION OF ORDINANCE RULES FOR SKATE PARK STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 204 AN ORDINANCE AMENDING THE SARATOGA CITY CODE CONCERNING PARKS FOR SKATEBOARDING AND IN -LINE SKATING WALTONSMITH /BOGOSIAN MOVED TO ADOPT ORDINANCE RULES FOR SKATE PARK. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 21. PURCHASE OF EQUIPMENT DUMP TRUCK AND FORKLIFT STAFF RECOMMENDATION: Authorize purchases. WALTONSMITH /BOGOSIAN MOVED TO PURCHASE OF EQUIPMENT. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. City Council Minutes 17 June 5, 2002 2J. AWARD OF CONTRACT STREET SWEEPING CONTRACT STAFF RECOMMENDATION: Award contract and authorize City Manager to execute agreement. Councilmember Bogosian requested that item 2J be pulled from the Consent Calendar. Councilmember Bogosian asked what the problems were with the current contractor. Rick Torres, Public Works Supervisor, explained that the current street sweeping company has had several problems. Supervisor Torres explained that in the past year there has been three different operators, several streets have been missed, several complaints and since they are out of Los Angeles they have asked the City if they could use the Corporation Yard to store their equipment. BOGOSIAN /WALTONSMITH MOVED TO AWARD CONTRACT FOR STREET SWEEPING CONTRACT TO LOS ALTOS GARBAGE COMPANY. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. BOGOSIAN /WALTONSMITH MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH LOS ALTOS GARBAGE COMPANY IN THE AMOUNT OF $7, 259.59 PER MONTH. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 2K. DECLARATION OF SURPLUS PROPERTIES AND AUTHORIZATION OF DISPOSAL OF SAME STAFF RECOMMENDATION: Authorize declaration. WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE DECLARATION OF SURPLUS. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. 2L. ADOPTION OF ZONING ORDINANCE AMENDMENT REAR YARD SETBACKS SECOND READING STAFF RECOMMENDATION: Waive second reading and adopt ordinance. TITLE OF ORDINANCE: 205 AN ORDINANCE AMENDING THE ZONING CODE OF THE CITY OF SARATOGA CONCERNING REAR YARD SETBACKS IN THE RESIDENTIAL ZONED DISTRICTS City Council Minutes 18 June 5, 2002 WALTONSMITH/BOGOSIAN MOVED TO AUTHORIZE DECLARATION OF SURPLUS. MOTION PASSED 4 -0 -0 -1 WITH MEHAFFEY ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Waltonsmith reported the following information: SASCC Shortfall of $68,000 in this year's budget. Board discussed major fundraising efforts to help budget. Sister City July 26, 2002 Japanese exchange student ceremony at City Hall. September 20, 2002 Annual "Moon Viewing" event. February 2003 official visit to Saratoga by the officials of Muko, Japan. Councilmember Bogosian reported the following information: Library JPA Announced that Susan Fuller was retiring this year. JPA discussed their participation of the interview process for her replacement. SAVACA May 20, 2002 Board approved the operating budget for next fiscal year. City of Saratoga participation costs for 2002 -03 would be $184.875.32. Vice Mayor Baker reported the following information: West Valley Sanitation Board is in the process of reviewing the budget. Mayor Streit reported the following information: Hakone Foundation Recently appointed new members. Board approved a long term Master Plan. An authentic Teahouse has recently been donated to Hakone Gardens from Japan. CITY COUNCIL ITEMS Vice Mayor Baker noted that he recently received a book titled A Local Official's Guide to Ethics Laws and requested that the City order more copies for the entire Council. Councilmember Bogosian noted that he recently has been invited and has accepted to testify at a Congressional Briefing regarding Falong Gong issues. Councilmember Waltonsmith congratulated Director Baloca and his staff for winning a GOFA award. OTHER None City Council Minutes 19 June 5, 2002 CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit recessed the meeting at 10:45 p.m. and noted that the Council would return to Closed Session discussions in the Administrative Conference Room. There being no further Business Mayor Streit adjourned Closed Session at 11:25 p.m. Respectfully submitted, 2 Cathleen Boyer, CMC City Clerk City Council Minutes 20 June 5, 2002