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HomeMy WebLinkAbout08-04-2004 City Council MinutesMINUTES SARATOGA CITY COUNCIL AUGUST 4, 2004 The City Council met in Closed Session in the Administrative Conference Room, 13777 Fruitvale Avenue, at 6:15 p.m. Conference With Labor Ne otiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Tom Sullivan, Community Development Director Employee organization: Non SEA Members Public Employee Performance Evaluation (Gov't Code 54957} Title: City Manager After considering the first closed session item, the City Council opened the meeting to the public. The City Attorney explained that after the deadline for posting the agenda for the meeting the City had received a request from the City of Tiburon to file a letter supporting that City's petition to the California Supreme Court for review of a court of appeal decision. The City Attorney explained that the court could decide on the petition before the next regular City Council meeting. The members present (Bogosian, King, Kline, Waltonsmith) voted unanimously to add the item to the agenda as follows: Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Zack et al. v. Marin Emergency Radio Authority (Cal. Supreme Court Case No. S 125094) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. City Attorney Taylor reported that the Council directed him to submit a letter to the California Supreme Court urging the court to accept the Town of Tiburon's petition for review in Zack et al. v. Marin Emergency Radio Authority (Cal. Supreme Court Case No. S 125094). Mayor Waltonsmith 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, Norman Kline, Nick Streit, Vice Mayor Kathleen King, Mayor Ann Waltonsmith ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Tom Sullivan, Community Development Director Christie Oosterhous, Associate Planner John Cherbone, Public Works Director Morgan Kessler, Civil Engineer REPORT OF CITY CLERK ON POSTING OF AGENDA FOR AUGUST 4, 2004 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of August 4, 2004 was properly posted on July 29, 2004. COMMUNICATIONS FORM COMMISSIONS & PUBLIC None ORAL COMMUNICATIONS Karlina Ott thanked the City Council for dedicating the last meeting to her son Andrew Bedard. Ms. Ott noted that today was Andrew's birthday and they had a memorial service for him at Saratoga School. Ms. Ott also thanked the various groups in the community for their support during this time and for their help with the memorial service. Ray Davies recalled the incident that happened in the Town of Los Gatos regarding Mayor Glickman. Mr. Davies stated that many citizens in the Town are going to hold him responsible for what happened at the July 4th celebration. Mr. Davies noted that the second issue he wanted to comment on was the continued efforts on Highway 9 Safety Committee. Nelia Garner noted that she has lived on Scully Avenue since the 1960's. Mrs. Garner noted that her neighborhood is very concerned with the proposed soccer fields at Kevin Moran Park. Mrs. Garner noted that the surrounding neighborhood was not designed to accommodate the traffic that three soccer fields would bring into the neighborhood. Referring to the Town of Los Gatos, Carlos Garner noted that they have agreements with their local schools for field use in exchange for maintenance. Mr. Garner noted that his main concern in regards to soccer fields at Kevin Moran Park is safety. COMMUNICATIONS FROM COMMISSIONS None COUNCIL DIRECTION TO STAFF Councilmember Streit noted that he wanted to make a correction that it wasn't the Parks and Recreation Commission that initiated the Kevin Moran Project -Council initiated the Project. Councilmember Streit suggested that the process be reset and urged staff to research the history of the park. Councilmember Streit stated that staff should find out what type of park it was in the 1970's - a neighborhood park or community park. Councilmember Streit pointed out the recent problems CYSA programs Cupertino recently faced. Councilmember Streit noted that the City of Cupertino shut out 55 teams from using their parks, which was effective last Monday - 1100 kids had nowhere to play. 2 Councilmember Streit stated that the City should do more research and suggested that Council give the following direction to staff: • Contact West Valley College when the new President comes onboard in September -negotiate access to use fields • Contact the various school districts to use their fields In conclusion, Councilmember Streit stated that the Council reset the Task Force and noted that there were not enough residents on it and suggested that the Mayor add two more residents. Councilmember Bogosian noted that he supported Councilmember Streit's suggestions. Councilmember Bogosian suggested that the City Manager should contact West Valley College and return to Council with a full report on the availability & miscellaneous issues surrounding the use of their fields. Councilmember Streit stated that the Council should suspend or temporarily put the Task Force on hold and noted that someone should contact its members. Mayor Waltonsmith reiterated the direction to staff as follows: • Direction to the AdHoc Committee • Composition of AdHoc • Direct staff to research the history of the park ANNOUNCEMENTS Mayor Waltonsmith announced that there are four vacancies on the Library Commission to fill expired terms. Applications and information regarding these vacancies are available on the City`s website at www.sarato a~a•tis or by contacting the City Clerk's Office. The deadline to file is September 9, 2004. CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR lA. APPROVAL OF CITY COUNCIL MINUTES -JULY 6, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM JULY 6, 2004. MOTION PASSED 5-0-0. IB. APPROVAL OF CITY COUNCIL MINUTES -JULY 7, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM JULY 7, 2004. MOTION PASSED 5-0-0. 1C. APPROVAL OF CITY COUNCIL MINUTES -JULY 26, 2004 STAFF RECOMMENDATION: Approve minutes. KLINE/KING MOVED TO APPROVE CITY COUNCIL MINUTES FROM JULY 26, 2004. MOTION PASSED 4-0-1 WITH STREIT ABSTAINING. 1D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINE/KING MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0-0. lE. 2004 PAVEMENT MANAGEMENT PROGRAM -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Award bid and execute construction contract; approve change orders. TITLE OF RESOLUTION: 04-066 Councilmember Bogosian requested that Consent Calendar item lE be removed from the Consent Calendar. Councilmember Bogosian asked what the extra $200,000 was for. Director Cherbone responded that the increase in fees was for additional work, which would be performed by the same contractor. BOGOSIAN/KLINE MOVED TO AWARD BID AND EXECUTE A CONSTRUCTION CONTRACT TO BORTOLOTTO & COMPANY IN THE AMOUNT OF $580,577.39; APPROVE ADDITIONAL WORK IN THE AMOUNT OF $200.000; AUTHORIZE CHANGE ORDERS UP TO $100,000: ADOPT RESOLUTION AUTHORIZING CONTRACT AND CHANGE ORDERS. MOTION PASSED 5-0-0. 1F. CONTRACT RENEWAL FOR MUNICIPAL TRAFFIC ENGINEERING STAFF RECOMMENDATION: Approve cone-year contract and authorize City Manager to execute the same. 4 KLINE/KING MOVED TO APPROVE AONE-YEAR CONTRACT AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION 5- 0-0. 1G. CONTRACT RENEWAL FOR MUNICIPAL PUBLIC WORKS INSPECTORS STAFF RECOMMENDATION: Approve one-year contracts and authorize City Manager to execute the same. KLINE/KING MOVED TO APPROVE ONE-YEAR CONTRACTS AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0-0. 1H. IT SUPPORT CONTRACT WITH CITY OF PALO ALTO STAFF RECOMMENDATION: Approve contract and authorize City Manager to execute the same. KLINE/KING MOVED TO APPROVE CONTRACT WITH THE CITY OF PALO ALTO AND AUTHORIZE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED 5-0. lI. FINAL ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS AND DEDICATIONS WITHIN TRACT 9330 AND SDR 1311 STAFF RECOMMENDATION: Grant final acceptance of the subdivision public improvements and dedications within Tract 9330 and SDR 1311; Adopt Resolution rescinding the previously rejected offers of dedications and accepting offers of dedication for Tract 9330 and SDR 1311 with the exception of no-build easements shown on Tract 9330. TITLE OF RESOLUTION: 36-B-258 KLINE/K1NG MOVED TO GRANT FINAL ACCEPTANCE ND ADOPT RESOLUTION RESCINDING OFFER OF DEDICATION AND ACCEPTING OFFERS OF DEDICATION FOR TRACT 9330 AND SDR 1311. MOTION PASSED 5-0-0. 1J. BROOKGLEN, EL QUITO AND WILDWOOD PARKS: PARKS UPGRADE PROJECT -INCREASE OF CHANGE ORDER AUTHORITY STAFF RECOMMENDATION: Approve change order amount to $48,000.00 for additional pathway work associated with the Brookglen, El Quito and Wildwood Parks Upgrade Project. KLINE/KING MOVED TO APPROVE CHANGE ORDER AMOUNT OF $48 000.00 FOR ADDITIONAL PATHWAY WORK ASSOCIATED WITH THE BROOKGLEN, EL QUITO AND WILDWOOD PARKS UPGRADE PROJECT. MOTION PASSED 5-0-0. PUBLIC HEARINGS 2. APPEAL OF A DENIAL OF A PLANNING COMMISSION DECISION DENYING A TREE REMOVAL PERMIT APPEAL AT 18325 SWARTHMORE STAFF RECOMMENDATION: Continue public hearing and take•appropriate action. TITLE OF RESOLUTION: 04-064 Tom Sullivan, Community Services Director, presented staff report. Director Sullivan noted that this public hearing was being continued from July 7, 2004. He stated that the City Arborist, Mr. Babby, had Looked at the situation and determined that the curb and gutter tree roots could not be severed without endangering the health of the tree and would require a bulb out, but the tree roots in the driveway could be severed without impact if done correctly. A bulb out could not be properly drained without an expense of between $75k-100k. Director Sullivan also noted that the Arborist had recommended tree removal if his recommendations could not be accommodated and that a new tree could be planted in its place. Mayor Waltonsmith opened the public hearing. Joel Donahoe, homeowner Goodie Duvall's legal representative, addressed the Council, and spoke in favor of removing the tree citing property damage and hazard as the reason for requesting removal. The following people also addressed the Council and spoke in favor of granting the tree removal: Larry Clark Drew Kelly Jim Dillinger Yvonne Zlvanic The following people addressed the Council and spoke in favor of upholding the denial of appealing the tree removal noting the tree's age, beauty and history: Elizabeth Lara Ole Lara Tom Corson Joel Donahoe addressed the Council again to reiterate the position of the homeowner to appeal the denial to remove her tree. Mayor Waltonsmith closed the public hearing. 6 Mayor Waltonsmith asked Director Sullivan to clarify the tree replacement condition. Director Sullivan clarified that the replacement condition was for the homeowner to plant a 48 inch box tree, as a replacement, at a location based on consultation with City Staff. The tree could be planted in either the front or back yards. Council discussed the issue at length. KLINE/STREIT MOVED TO ADOPT RESOLUTION OVERTURNING THE PLANNING COMMISSION ACTION TO DENYING AN ADMINISTRATIVE ACTION DENYING A TREE REMOVAL PERMIT AT 18325 SWARTHMORE WITH THE CONDITION THAT A 48 INCH BOX TREE BE PLACED ON THE PROPERTY IN A SUITABLE LOCATION IN CONSULTATION WITH STAFF; AND THE OWNER BEAR THE RESPONSIBILITY OF REPAIRING THE GUTTER AND THE STREET THAT WAS AFFECTED BY THE TREE. MOTION PASSED 4-1-0 WITH KING OPPOSING. Mayor Waltonsmith declared a break at 9pm. Mayor Waltonsmith reconvened the Council Meeting at 9:OSpm. 3. APPEAL OF A PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE A DESIGN REVIEW APPLICATION NO. 03-245 TO CONSTRUCT A SECONDARY DWELLING UNIT LOCATED AT 15301 PEACH HILL ROAD STAFF RECOMMENDATION: Conduct public hearing and take appropriate action. TITLE OF RESOLUTION: 04-067 Christie Oosterhous, Associate Planner, presented staff report. Planner Oosterhous explained that on June 9, 2004, the Planning Commission approved Design Review Application No. 03-045 with conditions. The design review application includes construction of a secondary dwelling unit. Planner Oosterhous explained that the structure's height is 14 feet 6 inches and the floor area is 600 square feet. Planner Oosterhous stated that the neighbor's grounds for appeal state that the design of the dwelling unit is not consistent with the guidelines of the Residential Design Handbook and that she questioned the allowable floor area. Planner Oosterhous explained that the Planning Commission approved the Design Review with conditions that staff would coordinate with the applicant and appellant regarding the following: possible installation of retaining walls, additional landscape screening; and a reduction of pathways in the applicant's rear yard. Planner Oosterhous cited several other conditions. Planner Oosterhous noted that the proposed use of the secondary dwelling unit is a permitted use; therefore the design review of the structure is subject to discretionary review. In regards to the appellant's questions regarding the size of the unit, Planner Oosterhous explained that the zoning ordinance permits a one- time only increase in allowable floor area with a recorded deed that restricts rental rates of the secondary unit to below market rates. This portion of the Zoning Ordinance implements the goals of the Housing Element of the General Plan. Mayor Waltonsmith opened the public hearing. Bob Flury, addressed the Council noting he is the architect for the property located at 14301 Peach Hill Road. Mr. Flury noted that he has been working with the City to fulfill every request and has made every effort to satisfy the neighbors. Mr. Flury stated that the building is now proposed further away from the property of the appellant than originally proposed based on complaints raised by the appellant. Cerita Johnson noted that that this secondary dwelling unit intrudes on her privacy and serenity. Dr. Johnson noted that the unit overlooks her front door, hall windows, breakfast room and her front terrace that she uses for relaxing and entertaining. Dr. Johnson stated that the design of the secondary dwelling unit avoided all policies of the design handbook. Dr. Johnson expressed her concern that the City is allowing the property owner to use the low income housing laws as an excuse to add a cabana under the umbrella oflow-income housing. Dr. Johnson also stated her other concern about the bulk of the structure and the added noise. Dr. Johnson noted that if more landscaping were added her property would be enclosed and her views would be obstructed. Marcia Hirtenstein noted that her house was directly across the street from the proposed secondary dwelling unit. Ms. Hirtenstein stated that she supported Dr. Johnson's appeal. Ms. Hirtenstein stated that she opposes the secondary dwelling unit because the proximity to the street adds to the bulk of the property and of the excess noise from the pool and the pool house, which is located near her childrens' bedrooms. Ms. Hertenstein noted that the original design of the house did not include the secondary unit. Vice Mayor King requested that Director Sullivan state the reason why the City adopted the Second Unit Ordinance. Director Sullivan explained that the City was mandated to update the Housing Element by the State of California, which included the secondary unit ordinance. Director Sullivan stated that secondary units must meet the criteria of Design Review. Director Sullivan stated that a second unit requires a deed restriction that states if it is ever rented it would be rented as a below market rate (BMP) unit. Michael Schallop, Planning Commissioner, stated that the original plans didn't show a secondary unit, but after the ordinance was passed the property owner added it. Tony Massie addressed the Council and noted that he was the property owner at 15301 Peach Hill Road. Mr. Massie stated that his general feeling is that he has not infringed on Mrs. Johnson's privacy. Mr. Massie stated that he offered the appellant additional landscaping that the City did not require her to do. Councilmember Kline asked Mr. Massie why he placed the pool in the proposed 8 location. Mr. Massie responded that four years ago, when he bought the property, the neighbor below him complained of water running through his property from the prior owner's pool. The issue had never been addressed. Also, Mr. Massie stated that they wanted to place the pool in a location where he and his wife could watch their children. Dr. Johnson, appellant, spoke again reiterating her concerns for approving the cabana. Mayor Waltonsmith closed the public hearing and opened the floor to Council discussion. Councilmember Kline noted that he does not find anything wrong with the Planning Commission decision and that there is no justification for the appeal. Councilmember Kline stated that he supports upholding the Planning Commission's decision. Councilmember Streit stated that he concurred with Councilmember Kline and added that the landscaping should be increased on the street side of the property. KLINEBOGOSIAN MOVED TO ADOPT RESOLUTION DENYING THE APPEAL OF THE CONDITIONAL APPROVAL OF DESIGN REVIEW APPLICATION 15301 PEACH HILL ROAD SUBJECT TO A REVISED LANDSCAPING PLAN WHICH IS SUBJECT TO STAFF REVIEW. MOTION PASSED 5-0-0. 4. ADOPTION OF UTILITY USER TAX ORDINANCE, ADVISORY BALLOT MEASURE REGARDING USE OF UTILITY USER TAX REVENUES, AND RESOLUTION PLACING THE ORDINANCE AND ADVISORY MEASURE ON THE NOVEMBER 2, 2004 BALLOT AND PROVIDING DIRECTION REGARDING PREPARATION OF BALLOT ARGUMENTS STAFF RECOMMENDATION: Introduce and waive first reading of Utility User Tax Ordinance to become effective only if approved by the voters of the City of Saratoga; Adopt text for Advisory Ballot Measure Regarding Use of Utility User Tax Revenues; Adopt Resolution placing advisory measure and utility user tax ordinance on the ballot for the November 2, 2004 election. If Council so wishes, designate Councilmembers to prepare ballot arguments in support of opposition to the two measures. TITLE OF RESOLUTION: 04-065 Richard Taylor, City Attorney, presented staff report. City Attorney Taylor summarized the background of the proposed Utility Users Tax. City Attorney Taylor noted that at its July 21 meeting the City Council directed staff to return with alternative language for a possible advisory measure. City Attorney Taylor noted that the staff report included two options. City 9 Attorney Taylor described both options stating that the first is based largely on the detailed measure presented on July 21. The second presents a shorter and more general statement of policy. A third option would be to have no advisory measure. The City Council initially requested preparation of an advisory measure for Council consideration because the use of tax revenues would not be restricted by the terms of the tax measure. However, City Attorney Taylor pointed out that there is no legal requirement that the measure be accompanied by an advisory measure. City Attorney Taylor reminded Council that because the tax would be a general tax, the decision to submit the tax to the voters must be approved "by atwo-thirds vote of all members" of the City Council. That means that at least four "yes" votes are required to place the measure on the ballot. Although a general tax requires supermajority Council approval to be placed on the ballot, it requires approval by only a simple majority of the voters to be adopted. All general taxes must be considered by the voters at a regular election for members of the City Council. City Attorney Taylor explained that Attachment C of the staff report is a resolution placing the advisory measure and the utility user's tax on the November 2, 2004 ballot. On June 2, 2004 the City Council adopted Resolution 04-040 calling a regular City election and requesting the County Registrar of Voters to consolidate that election with the regular statewide election. Attachment C would amend Resolution 04-040 to request that the advisory measure and UUT also be placed on that ballot. It also directs that the City Attorney prepare an impartial analysis of each measure. City Attorney Taylor noted that the resolution would also authorize the filing of rebuttal arguments concerning the two measures. State law provides that arguments for and against each measure maybe submitted in accordance with the schedule adopted by the County Registrar of Voters. If the City wishes to authorize rebuttals to those arguments it must specifically act to do so. The resolution contains this authorization. The authorization would remain in effect for all subsequent elections unless rescinded by a future City Council, If the Council does not wish to authorize rebuttal arguments, paragraph 10 should be deleted from the resolution. In regard to ballot argument, City Attorney Taylor explained that State law provides that the City Council may authorize one or more members of the Council to file a written argument for or against each measure. In the event that multiple arguments are submitted, an argument submitted by an authorized member of the City Council would take precedence over another argument. If Council wishes, it may authorize Councilmembers to prepare arguments for or against each measure. Mayor Waltonsmith invited public comment. Anne Sanquini addressed the Council and stated that she represented "Citizens for Highway 9 Safety". Ms. Sanquini requested that Highway 9 safety issues be added to the advisory measure. Norman Siegler, resident of Saratoga, addressed the Council in an effort to quantify and relate the revenue collected from a proposed WT with the 10 community's needs. Mr. Siegler noted various shortfalls in the City budget that could benefit from the ULJT which he estimates at 5% to include maintenance and infrastructure. He noted that to cover infrastructure alone, as proposed by Council, a 5% increase is not justified. For infrastructure alone, the Finance Commission, of which he is a part, would have recommended a UUT of less than 5% but noted that other needs of the City should be addressed such as employee merit increases and building the reserves back up to sufficient levels. Councilmember King asked what Staff included in the needs versus what Norman Siegler included. Director John Cherbone clarified that the difference in needs was between steady state as opposed to adding backlogged needs. Councilmember Kline noted that he appreciated Mr. Seigler's report. Councilmember Kline questioned what percentage would the citizens of Saratoga approve. Councilmember Kline noted that he feels that in order to pass the WT the percentage should be set at 3.5% for general revenue growth - no advisory measure needed. Councilmember Streit stated that he doesn't agree with Councilmember Kline that an advisory measure is needed to build confidence with the voters. Councilmember Streit stated that he could support a lower percentage. Vice Mayor King pointed out several different cities with a WT. Vice Mayor King stated that she would support a 4% WT with a specific advisory measure. Councilmember Bogosian noted that he has said from the beginning of this issue that there were other alternatives besides a LTCJT. Councilmember Bogosian stated that he feels a WT has potential abuses. Councilmember Bogosian stated he would not support the WT. Mayor Waltonsmith stated that the City only has one chance to go to the voters in order to generate enough revenue for the future. Mayor Waltonsmith stated that she supports a general advisory measure and 4%UUT. Referring to Option 2, Councilmember Kline suggested that "reserves" be deleted and "maintaining public safety levels" be added. Vice Mayor King noted that she concurred with Councilmember Kline. KING/KLINE MOVED TO ADOPT RESOLUTION AMENDING RESOLUTION NO. 04-040 TO PLACE AN ADVISORY MEASURE AND AN ORDINANCE ON THE BALLOT ON THE GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF SARATOGA ON NOVEMBER 2, 2004; CHANGE 5% UUT TO 4% UUT. MOTION PASSED 4-1-0 WITH BOGOSIAN OPPOSING. KING/KLINE MOVED TO ADOPT OPTION 2 FOR THE ADVISORY MEASURE AS AMENDED. MOTION PASSED 4-1-0 WITH BOGOSIAN OPPOSING. 11 KING/STREIT MOVED TO DESIGNATE MAYOR WALTONSMITH, V1CE MAYOR KING, COUNCILMEMBER KLINE AND COUNCILMEMBER STREIT TO PREPARE BALLOT ARGUMENTS IN SUPPORT OF THE TWO MEASURES AND COUNCILMEMBER BOGOSIAN DESIGNATED TO WRITE THE OPPOSITION TO THE TWO MEASURES; THE SAME GROUPS TO WRITE THE REBUTTALS FOR THE TWO MEASURES. MOTION PASSED 5-0-0. OLD BUSINESS 5. REPORT ON APPROACH TO RESOLVING ORCHARD DIRT AND MUD TRACKED INTO THE SARATOGA LIBRARY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that the meeting between all orchard and library stakeholders to discuss possible solutions to the dirt and mud problem was held July 19. Assistant City Manager Tinfow explained the immediate steps to be taken: • Before school starts on August 21, Public Works will post a sign on Fruitvale at the start of the student-created path to the library that says "Library users please stay on pavement"; • Consider posting a volunteer from the Friends of the Saratoga Libraries or other source at the sign when school starts to make sure students follow the direction; • Consider installing device(s) at front of library to remove dirt/mud from shoes (three-sided brush fixture); • Contact school officials and alert them to the problem and the actions, and ask for their assistance. Assistant City Manager Tinfow stated that if the problem continues, all agreed to consider a 4-foot fence along 50-feet or so of the Fruitvale side of the orchard. Consensus of the City Council to move forward with the recommendations. Mayor Waltonsmith thanked Assistant City Manager Tinfow for her report. NEW BUSINESS 6. CITY WIDE FESTIVAL STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani stated that the City Council has expressed the desire to consolidate all City sponsored events into one festival. Director Pisani explained that during the past two years both the Arts and Heritage Preservation Commissions (HPC) have sponsored new events; the "Mustard Festival" being held in February and "Art in the Park", held in September. Both have involved a considerable amount of staff time and numerous hours of volunteer support. Director Pisani noted that it 12 was suggested that maybe the one big event held could be named the "Blossom Festival" and, perhaps, include a parade. Director Pisani stated that at this time, there is an insufficient staffing level within the City to take on a big event, but there are some other options. Director Pisani noted that she met with Kristen Davis to inquire whether the Chamber of Commerce would be interested in sponsoring such an event. She said at this time they would not, but she felt the Chamber would support the City's effort. Director Pisani noted that Ms. Davis did inform her that their Board just approved a Village Committee to be comprised of merchants on Big Basin Way. Their task is to sponsor special events in the downtown area. Director Pisani stated that she looked into local community services groups to sponsor a festival. Director Pisani noted that the only organization large enough to handle such an event is the Saratoga Rotary Club, which currently works all year long on the art show held the first Sunday each May. At this time, Rotary Club is not interested in taking on another big event. Director Pisani briefly explained that for years the Chamber of Commerce sponsored the annual parade. In the early 1990's, the Chamber discontinued the parade because of the amount of work involved and lack of volunteers. Director Pisani pointed out that in 1996, Warren Lampshire, as an interested citizen, rallied support to bring back the parade. After three years, the parade was discontinued for the same reasons as cited by the Chamber. If the City decides to sponsor a big event, Director Pisani noted that the City Council could contract out to a company that specializes in event planning. Director Pisani noted that she recently contacted two event-planning companies to get information on what services they could provide. Director Pisani explained each company's experience, proposals submitted and fees. In conclusion, Director Pisani stated that in scheduling a big outdoor event, the City should look at dates in good weather months and consider other events already scheduled this upcoming year. Vice Mayor King stated that the City has insufficient staff to sponsor events in the City. In regard to the "Mustard Walk" Vice Mayor King suggested that the HPC contact the Community Foundation. Pat Bailey, Chair of Heritage Preservation Commission, explained that the HPC would like to go forward with the planning of the "3rd Annual Mustard Walk" scheduled for February 2005. Chair Bailey noted that in 2002 the Arts Commission joined efforts with the HPC and became a co-sponsor of the event. Chair Bailey described the objectives of the "Mustard Walk" pointing out that the City's code states that education is part of the HPC job. Chair Bailey noted that the Arts Commission and the HPC would like to request funding from the City. Mayor Waltonsmith noted that the City couldn't allow staff to work on these types of events. 13 Chair Bailey responded that over the past three years the HPC and the Arts Commission have developed networks of private and public organizations that would be willing to volunteer for this event. In regard to the request for funds, Chair Bailey noted that last year several of the Commissioners paid for various aspects of the event out of their own pockets. Chair Bailey noted that past expenses ran about $600 and thought funding for a future "Mustard Walk" might run approximately $1000. Phyllis Ballingall, Heritage Preservation Commission, suggested that the City co- sponsor the event. Councilmember Bogosian commented that the Commissions and the non-profit Saratoga groups, such as the Historic Society, should work together to sponsor such events. Chair Bailey stated that it is hard for other groups to take on more than what they are already doing. Norman Keopernik noted that he thinks a citywide event is a great idea but stated that he thinks the Mustard Walk should go forward even if it's in conjunction with the "Blossom Festival". Council continued to discuss the issues surrounding funding and sponsorship. BOGOSIAN/STREIT MOVED TO DIRECT STAFF TO AGENDIZE THIS ITEM FOR COUNCIL DISCUSSION AT A LATER DATE. MOTION PASSED 5-0-0. 7. APPOINTMENT OF A CITY REPRESENTATIVE TO SERVE ON THE JOINT ECONOMIC DEVELOPMENT POLICY COMMITTEE (JEDPC) STAFF RECOMMENDATION: Appoint Council representative to the JEDPC. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that the Cities Association Board recently approved the formation of a new Cities Association Committee, focused on economic development policies, and with the goal of providing recommendations to the Cities Association Board. The Committee's starting position is outlined in the attached memo. City Clerk Boyer explained that the Cities Association Board requested that each city appoint the Mayor or a Councilmember to serve as their city's representative on this advisory committee, the Joint Economic Development Policy Committee (JEDPC). After city appointments are made, an organizational meeting will be set, perhaps in late August. BOGOSIAN/STREIT MOVED TO APPOINT COUNCILMEMBER KLINE TO THE JEDPC AND APPOINT VICE MAYOR HING AS THE ALTERNATE. MOTION PASSED 5-0-0. 14 COMMISSION ASSIGNMENT REPORTS None CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There being no further business, Mayor Waltonsmith adjourned the meeting at 11:45 p.m. Respectfully submitted, Ann Sullivan, CMC Acting City Clerk PS,~ ~/~~/~~ 15