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HomeMy WebLinkAbout06-16-1999 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 16, 1999 - .6:00 p.m. PLACE: Closed Session - Administration Conference Room, 13777 Fruitvale Avenue; Regular Meeting - Council Chambers/Civic Theatre, 13777 Fruitvale Avenue TYPE: Regular Meeting OPEN SESSION - 6:00 p.m. in the Administration Conference Room, 13777 Fruitvale Avenue ADJOURN TO CLOSED SESSION 1. CLOSED SESSION A. Conference with Labor Negotiator pursuant to Government Code Section 54957.6 - Agency negotiator: Larry I. Perlin; Employee organization: Saratoga Employees Association (S.E.A.) and Saratoga Management Organization (S.M.O.) MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw declared there was no reportable action taken. REGULAR MEETING - Mayor Shaw called the regular meeting to order at 7:05 p.m. in the Council Chambers, 13777 Fruitvale Avenue. PLEDGE OF ALLEGIANCE - Led by Councilmember Baker ROLL CALL - All present Staff present: City Manager Perlin, City Attorney Randolph, City Clerk Ramos, Director of Administrative Services Walker, Director of Community Development Walgren, Acting Public Works Director Chefbone. 2. CEREMONIAL ITEMS A. Resolutions of Appointment to' the foilowing Youth Commissioners and Oath Taking: Sheeva Ghassemi (re-appointed), James Atkin, Lee Blair, Kristi Kirwan, Jennie Levin, Abhik Pramanik, Mieka Sywak, Elliot Onn, and Jackie Luskey. BAKER/MEHAFF.EY ADOPTED RESOLUTION APPOINTING NINE YOUTH COMMISSIONERS. MOTION PASSED 5-0. Mayor Shaw administered the oaths of office to the Youth Commissioners with the exception of Commissioners Levin and Sywak who were not able to attend and have made arrangements to see the City Clerk at a later date for their oath taking. B. Proclamation recognizing Mary Jeanne Fenn as the 1998 Saratoga Chamber of Commerce Citizen of the Year. Mayor Shaw read the proclamation. City Manager Perlin noted he will present it to Ms. Fenn at the Chamber of Commerce awards dinner tomorrow evening. REPORT OF CITY CLERK ON POSTING OF AGENDA - City Clerk Ramos reported that pursuant to Govemment Code 54954.2, the agenda for this meeting was properly posted on June 11, 1999. Page lof 12 Minutes for City Council Regular Meeting June 16, 1999 3. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. Oral Communications on Non-Agendized Items - An~me'mber dfthe public will be allowed to address the City Council for up to three (3) minutes on matters not on this agenda. The law generally prohibits the Council fxom discussing or taking action on any such matters. However, the Council may instruct staff accordingly regarding Oral Communications under Agenda Item No. 8. 1. Presentation by the County of Santa Clara on the Measure B Base Case Transportation Plan. Jeff Davis, Administrator for the Measure A/B Program, presented a comprehensive overview of the Plan. Karen Tucke~, Co-chair of the Noise Abatement Committee, presented a brief report and submitted relevant literature and correspondence for the records. Discussion ensued. Mayor ShaW provided direction to staff to prepare a strong letter of support to set aside funding of $9 million for the noise abatement project on Highway 85 to the County Board of Supervisors, for all Councilmembers to sign. Council concurred. Councilmember Streit encouraged those citizens who would like to see this project move forward to contact the County Board of Supervisors. B. Communications from Boards and Commissions - None In the interest of time, Mayor Shaw moved the order of the agenda to the public hearing portion of the agenda at this time and will retum to item 3C. 1 after the public hearings. 5. PUBLIC HEARINGS - 7:30 p.m. A. Hawks AppealFLlP-97-004.1-Starbucks Recommendation: Deny the appeal and uphold the Planning Commission's decision. Director of Commtmity Development Walgren presented the staff report. Discussion ensued regarding traffic and tenancy in the Argonaut Center. Mayor Shaw opened the public hearing at 7:55 p.m. Chris Hawks, appellant, 20390 Blauer Drive, cdmmented that some of the concerns expressed by his neighborhood and are listed below regarding the development of Starbucks Coffee Shop in the Argonaut Center, have not been adequately addressed. He also used visual aids to illustrate diagrams of the Starbucks original and revised building and seating plans: · A coffee shop was approved to be located in the center of the site, not where it is currently being proposed · There is an increase in high intensity uses in that comer of the Argonaut Center where there aren't very many parking spaces; · The parking lot as a whole was undersized for the square footage; this was rationalized based on the mixed uses of the center · Traffic and parking impacts localized around proposed site for Starbucks · There are 35' high towers associated with this project; Zoning regulations stipulate 20' building height; · Need a clear definition of a Commercial Neighborhood Zone · Increased inside seating from 21 to 28 or 33% larger and additional 26 outdoor seating increasing total seating to 52 or 150%; · Expansion resulting in increased parking and traffic localized around Starbucks · Zoning regulations require 5' of landscaping between parking lot and street; the proposed plan is 12" of landscaping · Operating business hours of 5:30 a.m. until 11:00 p.m. · Noise and httering ~'om outdoor seating Marcelline Mahem, Real Estate Manager for Starbucks, applicant, introduced Rhonda Hagen, hs¢: or x2 M~nutes for City Council Regular Meeting June 1 ~, 1999 Community Development Manager, and David Mathiason, Regional Director of Operations, provided historical background and information about the project. She commented-that upon approval of the plans of the Center, the landlord offered more square tiaotage and the comer site. With regards to Mr. Hawks comments, to her knowledge it was never an option to locate the coffee shop in the middle of the Argonaut Center. The increase in square footage was due to adding another restroom but the majority of the increase was to have a much bigger back room for storage. Outdoor seating was encouraged by this City to add to the ambiance of and is consistent with the vision of the Center. This amenity will be maintained regularly by the employees and is not a proportionate increase in the overall seating, rather an option because customers usually make a choice either to stay indoors or outdoors. The anticipated noise impact is unfounded and illustrated with diagrams the'minimum interaction that could be expected between the proposed site and the neighborhood. Rhonda Hagen, Community Develonment Manager. provided information and mateddais for the Council, staff and the public that exhibits Starbucks' community involvement and good neighbor commitment. She commented on the company's experiences at other locations and how public concerns and problems had been resolved. Discussion ensued regarding outdoor seating, hours of operation and parking. Mayor Shaw commented that the motor vehicles coming in and out of the coffee shop will be a visual blight particularly after dark when the headlights are one. He suggested erecting a fence along Blauer Road to mitigate that visual bhght. Ms. Mahem replied that would have to be addressed with the owner of the shopping center. Mayor Shaw recognized the following speakers: Eli Bogdanovich, 20391 Blauer Drive, expressed opposition particularly the hours of operation of 5:30 a.m. to 11:00 p.m. and outdoor seating. He proposed to close the exit from the side parking on the alley which is next to his bedroom window because of anticipated late night activity. Marc Kocir, 12855 Saratoga Sunnyvale Road, expressed opposition! particularly to the hours of operation, outdoor seating, traffic and noise. Denise Lew, 12915 Regan Lane, expressed opposition of the proposed outside seating, hours of operation and the expansion. She also commented about the excessive Jighting in the entire Argonaut Center. Lisa Traxler, 20390 Blauer Drive, expressed opposition to the proposed expansion and outdoor seating. She also commented about the excessive lighting in the Center. Brace Prestwich, 20244 Blauer Drive. expressed opposition to the proposed expansion and urged Council to send the project back to staff for review and discussion with the affected residents. He urged the Council to direct traffic exiting onto Blauer to turn right and prevent vehicles from racing down Blauer on to Cox Avenue. There being no more requests to speak, Mayor Shaw announced the appellant and the applicant have five minutes to respond to any of the comments made. Chris Hawks, appellant, reiterated concems of increased seating, increased business and increased use and urged the Council to restrict the proposed changes. He also commented about the excessive lighting which is indicative to what is going to become of this development. Marcelline Mahem, applicant, clarified that Starbucks does not having anything to do with the overall design of the Center including the lights that are on the side of the Center. Starburcks will comply with the sign criteria and the Starbucks sign on the side of the building facing Blauer will not be illuminated. David Mathiason, annlicant. commented in an effort to service the community and be a good neighbor, Starbucks would be willing to meet with the neighbors and address their issues including adjusting the hours of operation. Mayor Shaw closed the public heating at 8:55 p.m. Discussion ensued regarding peak hours, landscaping, traffic flow and lighting. In response to Councilmember Streit, Community Development Director Walgren replied that he Page 3 of 12 Minutes for City Council Regular Meeting June 16, 1999 plans to review the Center's lighting and landscaping concerns. To kis knowledge, there is landscaping approved for both the median and the parkway next to parking spaces that have not been installed yet. He added that the concerns about the Argonaut Center that-have been addressed this evening which are items beyond the scope of the Starbucks use permit, could be discussed with the property owner of the complex. With regards to the requiting a right turn only on Blauer from the Center, staff could certainly pursue a plan, independent of the development of the Center, to install signage preventing a left turn onto Blauer. Vice Mayor Bogosian commented he would be happy to participate in facilitating the issue with the lights and traffic flow of the Argonaut Center and encouraged staff to also get involved in this aspect. Regarding the appeal, Starbucks seems willing to consider imposing restricted operating hours and recommended changing the hours of operation to 6:30 a.m. to 9:00 p.m. and closing outdoor seating at dusk. If this is acceptable to Starbucks, he would like to recommend denying the appeal and upholding the Planning Commission's decisions under these conditions. Councilmember Mehaffey commented that most of the issues and concems seem to be related to the development of the Argonaut Center rather than the Starbucks application. He would like to see the parking spaces that are currently directly facing the residences to be angled the other way and have traffic moved towards Saratoga-Sunnyvale Road. Outdoor seating does bring about noise, therefore noise mitigation should be considered particularly on the Blauer side. Lighting in the Center is too bright and should be mitigated perhaps by redirecting the light to emit down. The entrance on Blauer is too narrow and questioned the height of the 30' towers. Community Development Director Walgren explained that the existing buildings in the Center predicated the height of the towers to a create an architectural balance. The Conditional Use Permit process allows modifications from established standards to be made. City Attorney Randolph commented to ensure that Council understands that a decision cannot be made on the appeal based on a configuration of the overall Center because it is something that already exists. With regard to the hours, Starbucks is currently permitted, based on their existing permit, to operate between 5:30 a.m. and 11:00 p.m. Vice Mayor Bogosian further clarified and City Attorney Randolph concurred that Council could make the finding that outdoor seating at 10:00 p.m. might be an inappropriate use under the current use permit in order to sustain the appeal. Mayor Shaw commented that from the discussions this evening, he recommended bringing back the Argonaut Center project for restmcturing in terms of protecting the Blauer side of the Center to protect the privacy of the neighbors. Further, Starbucks should move towards the center of the complex to restrict traffic to that portion of the complex. In response to City Attomey Randolph, Community Development Director Walgren replied that the Argonaut Center operates under a Conditional Use Permit primarily because of the expansion of the Safeway Supermarket at that time. It was reviewed as a Conditional Use Permit for the entire Center as well as the two new detached buildings. Ms. Randolph recommended separating out the issue of Starbucks use permit and whether or not to grant the proposed expansion and outdoor seating; and consider directing staff to call up the Argonaut Center's existing permit to discuss some of the circulation issues. Councilmember B.aker commented that conditional use permits can be recalled for consideration if there is some change to what is expected. He categorized his comments to separate the issues of the Starbuck's use permit, the Argonaut Center's use permit and the concerns of and impacts to the neighbors. With limited outdoor hours and seating, the.outdoor seating could be an enhancement so long as it does not become early moming or late night hangout. The business operating hours should be reconsidered at this time. If these conditions are not considered, he would have to vote against Starbucks' outdoor seating. He stated for the record that the interaction between the developer and the neighborhood is dismal and there are a number of things that have gone into the configuration of this Center for its facelift which he does not co~sider to be an improvement. He believes the developer and staff should begin discussions on the following concems: 1) the lights along Blauer Road should be shielded down or tamed off; 2) the signs on Blauer should not be illuminated; 3) the foliage blocking along the back side of the Center which is the foliage break between the shopping center loading and the residences should be preserved and protected; 4) air-conditioning noise should be abated to preserve neighborhood tranquillity; and, 5) review traffic flow and landscape plans between the parking lot and the street. Councilmember Streit expressed concern about the outdoor seating. He recommended selecting Page4 of 12 Minutes for City Council Regular Meeting June' l 6, 1999 two Councilmembem to meet with the developer to discuss and resolve the concerns that have been expressed this evening. - City Attorney Randolph recommended that instead of calling up the use permit of the Argonaut Center at this time, to direct staff to evaluate the issues and make a report back to Council. Councilmember Mehaffey expressed concern about the increased business which could result in increased traffic and parking problems. He concurred with Councilmembers Baker and Streit that unless a compromise is reached with Starbucks on the hours of operation and outdoor seating, he would vote against the outdoor seating. Vice Mayor Bogosian noted that from the enmments and concems articulated this evening, it is clear that the hours of operation is of great concern to the Council as well as the affected neighbors and therefore should be considered heavily in reviewing future use permits for the Argonaut Center. Discussion ensued. BAKER/STREIT MOVED TO DENY THE APPEAL WITH THE FOLLOWING CONDITIONS 1) STARBUCKS' OPERATING HOURS BE CHANGED FROM THEIR PRESENT USE PERMIT TO 6:30 A.M. UNTIL 9:00 P.M.; 2) OUTSIDE SEATING BE 1N PLACE ONLY FROM 8:00 A.M. UNTIL DUSK. David Mathiason, Starbucks, responded to the conditions recommended to request the following hours of operation: Monday through Thursday 6:00 a.m. - 9:00 p.m.; 6:00 a.m. - 10:00 p.m. on Fridays.; 6:30 a.m. - 10:00 p.m. Saturdays; 6:30 a.m. - 9:00 p.m. Sundays; 2) Outside seating be in place only from 8:00 a.m. until dusk. BAKER/STREIT AMENDED THE MOTION AND MOVED TO DENY THE APPEAL WITH THE FOLLOWING CONDITIONS: 1) STARBUCKS' OPERATING HOURS BE CHANGED FROM THEIR PRESENT USE PERMIT TO 6 AM - 9 PM ON MONDAY THROUGH THURSDAY, 6 AM - 10 PM ON FRIDAYS, 6:30 AM - 10 PM ON SATURDAYS, AND 6:30 AM TO 9 PM ON SUNDAYS; AND 2) OUTSIDE SEATING BE IN PLACE ON FROM 8 AM UNTIL DUSK. MOTION PASSED 4-1 (Councilmember Mehaffey dissenting). Councilmembers Baker and Streit volunteered to serve on the Ad Hoc committee, along with a member of the Planning Commission and staff, to discuss other concerns that have been raised this evening with the owner of the Argonaut Shgpping Center. Mr. Hawks, appellant, requested and Councilmember Streit replied that the committee will update the affected property owners on any developments resulting from the discussions of this committee. Mayor Shaw and the rest of Council concurred. Mayor Shaw declared a recess at 9:35 p.m. and reconvened the meeting at 9:45 p.m. B. Landscaping and Lighting Assessment District LLA-1 - Public Hearing, Approval of Engineer's 'Report, and Confirmation of Assessments for FY 99- 00. {Continued from June 2, 1999) Recommendation: Adopt the Resolution ordering the improvements and co .nCkrming the Diagram and assessments for FY 99-00. Mayor Shaw recognized a person in the audience (name was unintelligible) from Kerwin Ranch, who spoke for her neighbor Anthony Marsh, who was out of the area, requesting an extension for the voting process of this matter. She asked and Mr. Perlin replied that this matter is on the agenda for discussion this evening. City Manager Perlin presented the staff report. Mayor Shaw opened the public hearing at 9:50 p.m. James Kufis, 19264 Kerwin Ranch Court, commented he would not oppose an increase as long as the area assessed is maintained, noting that_ the condition of the landscaping directly behind his fence in Kerwin Ranch is deteriorating and in poor condition. In response to Mayor Shaw, City Manager Perl'm concurred with Mr. Kufis' comment regarding the condition of landscaping in Kenvin Ranch. He provided a background of the landscaping contract and it has become evident in the last year that the contractor cannot maintain this landscaping adequately for the amount that they are getting paid, however, there are penalty provisions in the Page 5 of 12 Minutes for City Council Regular Meeting June 16, 1999 contract for these circumstances. Staff has been working with the contractor to provide adequate maintenance services until the expiration of the contract when new contracts will be awarded. New bids have been received from new contractors representing higher costs of nmintaining these areas. Discussion ensued. Mr. Kufis commented he does not feel it is the responsibility of the property owner to pay for repairing or bringing the landscaping in Kerwin Ranch up to standards and trusts that the City will resolve this situation. He noted that under this assumption, he would vote in support of the assessment and tttmed in his ballot to the City Clerk. Councilmember Baker commented that he received a letter from Mr. Marsh with similar coneeros and visited the site along with Vice Mayor Bogosian. He concurs that much of the landscaping has been destroyed and expressed disappointment in the contractor's performance for that particular contract. There being no further public testimony, Mayor Shaw closed the public hearing at 10:00 p.m. He directed the City Clerk to report the tally of the ballots for the six zones. City Clerk Ramos reported that tally of the ballots received for the following six zones: 1. Zone 1:21 support, 3 oppose = 24 total out of 29 possible 2. Zone 9:20 support, 7 oppose = 27 total out of 48 possible 3. Zone 12:2 support, 0 oppose = 2 total out of 9 possible 4. Zone 17:81 support, 33 oppose = 114 total out of 200 possible 5. Zone 27:15 support, 8 oppose = 23 total out of 31 possible 6. Zone 28:5 support, 5 oppose = 10 total out of 16 possible City Manager Perlin declared there does not exist a majority protest in any of the six zones that have voted, and it would be appropriate at this time, for the Council to adopt the resolution continning the assessments and approve the Engineer's report. Mayor Shaw asked the pleasure of the Council. Vice Mayor Bogosian expressed concerns of the landscaping maintenance contracts and how they are being enforced by staff. He echoed Councilmember Baker's comments about the poor condition of the landscaping in Kerwin Ranch and felt that certain provisions should be met by the contractor in question before replacing the job with another contractor. In addition, he noted he would support the adoption of'this resolution with a condition that procedures be put in place for staff to enforce and give the City the ability to address inadequate or unsatisfactory performance by the contractor(s), should something like this occur again in the future. Councilmember Baker concurred with Vice Mayor Bogosian and expressed additional concerns about other landscape districts that may have similar problems and recovering the costs of revitalizing them. Discussion ensued regarding finding alternatives to recover costs to bring the landscaping up to acceptable standards. Vice Mayor Bogosian commented he felt it is ultimately the City's responsibility to see to it that the problem is corrected and bear the costs, if necessary, out of the City's contingency funds. If the City is going to use. its funds, it should ensure leverZa. ge over its contracts. BOGOSIAN/BAKER MOVED TO ADOPT THE RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND THE ASSESSMENTS FOR FISCAL YEAR 1999-2000 FOR THE ENTIRE LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT (LLA-1). MOTION PASSED 5-0. C. Resolutions adopting the City Budget for Fiscal Year 1999-00 and 00-01 (second and final public hearing) Recommendation: 1. Conduct the Public Hearing to receive input on the Fiscal Years 1999-00 and 2000-01 budget; 2. Adopt the following resolutions: A. Resolution of the City Council of the City of Saratoga amending the City's Classification Plan B. Resolution of the City Council of the City of Saratoga implementing a reorganization plan and authorizing permanent positions in City Service. C. Resolution of the City Council of the City of Saratoga establishing the Fiscal Year 1999-00 appropriation limit for the City of Saratoga. Page ~ of 12 Minutes for City Council Regular Meeting June 16, 1999 D. Resolution of the City Council of the City of Saratoga establishing a schedule of fees. E. Resolution of the City Council of the City*of-Saratoga adopting the budget for fiscal years 1999-00 and 2000-01, making appropriations, and authorizing carryovers thereto and expenditures therefrom. City Manager Perlin provided a brief overview of the budget approval process and deferred the presentation to Mary Jo Walker, Director of Administrative Services, who gave an oral presentation with visual aids. Highlights of her presentation included: · Expenditures of $12,300,590.00 for FY 1999-2000 and $13,284,096.00 for FY 2000-2001 which includes the Capital Improvement Program, Household Hazardous Waste Program, Recycling program, Heritage Resources Book, other changes recommended on June 2. · Expenditure highlights included facility maintenance of the Council Chambers and the Community Center/Senior Center roof; two custodians, police services maintained at current service level, seven crossing guards from five, accelerated Pavement Management program, Circulation and Housing Element updates, HCDA program and the capital improvement program. · General Fund Revenues · Property Tax, Motor Vehicle License Fees, Sales Tax (three largest revenue sources) · Other Revenue Funds (Streets and Roads Fund, Development Fund, Environmental Fund, Recreation Fund, other funds) · The total budget of $12,300,000 translates into $393.00 per citizen annually or $33.00 per month per capita. In response to Councilmember Streit, City Manager Perlin named the capital improvement projects listed in the budget totaling $208,000.00 for FY 1999-2000: · Retaining wall replacement on Saratoga Vista Avenue for $29,500 · Storm drain on Pierce Road for $123,005 · Traffic signal interconnect along Saratoga Avenue between Dogmar and Scotland for $10,000 · Upgrade Cox Avenue railroad crossing for $15,000 · Storm drain system in the E1 Camino Grande and Monte Vista Drive area for design work and field surveys for $30,000 · For FY 2000-01, there is a total of $300,000 in addition to the projects previously authorized. Mayor Shaw opened the public hearing at 10:30 p.m. There being no public testimony, Mayor Shaw closed the public hearing at 10:30 p.m. BOGOSIAN/MEHAFFEY MOVED TO ADOPT THE RESOLUTION AMNEDING THE CITY'S CLASSIFICATION PLAN. MOTION PASSED 5-0. MEHAFFEY/STREIT MOVED TO ADOPT THE RESOLUTION IMPLEMENTING A REORGANIATIO PLAN AND AUTHORIZING PERMANENET POSITIONS IN CITY SERVICE. MOTION PASSED 5-0. STREIT/BOGOSIAN MOVED TO ADOPT THE RESOLUTION ESTABLISHING THE FY 1999-00 APPROPRIATION LIMIT FOR THE CITY OF SARATOGA. MOTION PASSED 5-0. BAKER/BOGOSIAN MOVED TO ADOPT THE RESOLUTION ESTABLISHING A SCHEDULE OF FEES. MOTION PASSED 5-0. SHAW/MEHAFFEY MOVED TO ADOPT THE RESOLUTION ADOPTING THE BUDGET FOR FY 1999-2000 AND 2000-01, MAKING APPROPRIATIONS, AND AUTHORIZING CARRYOVERS THERETO AND EXPENDITURES THEREFROM. MOTION PASSED 5-0. C. Written Communications 1. Letter from Christina Gulrich regarding advertising signs and weeds along Prospect Road. City Manager Pcdin commented that when these issues are brought to the City's attention, the City deals with them and staff is currently dealing with the signs including the latest one on the school fence. In the past, staff has contacted both the schools to let them know what the requirements are in the City's sign ordinance. The City does not proactively patrol the area to look out for these signs. Page 7 of 12 Minutes for City Council Regular Meeting June 16, 1999 Vice Mayor Bogosian commented it may be necessary for staff to investigate these signs, particularly the flea market sign for permits. - Vice Mayor Bogosian noted for the record that he received a letter addressed to the City Council fi'om Michael Strathman and Mary Jo West dated June 4 expressing concems over the quality of service received ~'om New West Limousine, doing business in Saratoga. 4. CONSENT CALENDAR A. Previously Discussed Items 1. Resolution Denying an Appeal ~'om the decision of the Planning Commission; Applicant/Appellant Harkey at 20385 Park Place, UP-97- 015.1. Recommendation: Adopt resolution. STREIT/MEHAFFEY MOVED TO ADOPT A RESOLUTION DENYING AN APPEAL FROM APPLICANT/APPELLANT lIARKEY AT 20385 PARK PLACE. MOTION PASSED 5-0. B. New Items Vice Mayor Bogosian requested to pull agenda item 4B2 to clarify extended warranties for City vehicles. Counciimcmber Mchaffey requested to pull agenda item 4B6 to clarify microficheing alternatives. 1.Planning Commission Actions, June 9, 1999 Recommendation: Note and file. 2. Approval of Check Register Recommendation: Note and file. 3. Memo authorizing publicity of Public Hearing items - Weeds and Brush Abatement; Nagpal appeal; Wang appeal (continued item) Recommendation:. Direct staff accordingly. 4. Monthly Financial Reports for May 1999: a) Treasurer's Report b) Investment Report Recommendation: Accept the subject reports 5. Resolution declaring weeds and brush growing on certain described property to be a public nuisance and setting a public hearing. Recommendation: Adopt resolution. 6. Resolution authorizing the destruction of certain City records. Recommendation: Adopt resolution. 7. _Approval of Cooperative Agreements (2) between City and County of Santa Clara, and City and Santa Clara Valley VTA, regarding Measure B funding and project implementation. Recommendation: Approve agreements and authorize Mayor and City Manager to sign. C. Claim A~ainst the City - None BOGOSIAN/MEHAFFEY MOVED TO APPROVE CONSENT CALENDAR ITEMS 4B.1 TO 4B.6 AS PRESENTED. MOTION PASSED 5-0. 6. OLD BUSINESS - None 7. NEW BUSINESS A. Resolution Authorizing Execution of joint Powers Agreement for participating in Community Development Black Grant (CDBG) Program in Santa Clara County for Fiscal Years 1999-2002. Page O of 12 Minute~ for City Council Regular Meedng June 16, 1999 Recommendation: Adopt resolution. BOGOSIAN/BAKER MOVED TO ADOPT A RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT FOR PARTICI?ATING IN CBDG PROGRAM IN SANTA CLARA COUNTY FOR FY 1999-2002. MOTION PASSED 5-0. B. Award of Contract for Quito Road SidewalkProject - ProjeCt 9501 Recommendation: Award contract to the lowest responsible bidder. (Bids to bc opened on Wednesday, June 16, 1999.) City Manager Perl'm presented the staff report. Acting Director of Public Works Chefbone reported that at the meeting last week with the property owners, 11 of the 26 property owners were in attendance and 7 of the 11 expressed opposition to the proposed project. Discussion ensued regarding the process for this funding. Mayor Shaw recognized Garrett Brisbee~ 13015 Quito~ who expressed opposition to the sidewalk project because of the impact from pedestrian traffic. Councilmember Baker commented that if wc award this contract now, the residents may feel no need to artend the July 7 meeting because it would seem to them as a dnnc deal. Councilmember Mehaffey expressed concern over making a decision without all of the information because of deadlines and time pressures and recommended the City avoid similar situations in the future. Vice Mayor Bogosian commented the City should not be encouraging a process that is incomplete and voted against awarding the contract at this time. Councilmember Streit commented he would support the award of the contract for the purpose for moving forward with the process of receiving public testimony from the residents, as long as the City is within their legal right to cancel the contract on July 7. Mayor Shaw concurred with Councilmember Streit and supported the award of the contract this evening. Councilmember Mehaffcy concurred with Vice Mayor Bogosian in not rushing ttds process. Hc felt we could put the money back in the pot for other worthwhile projects and in the meantime move forward with meeting the property owners to see what they want. City Manager Perlin commented that if the City keeps the same project there is a strong chance of getting the funding at another time, however, if the City takes on a different project, the chances are less likely. STREIT/SHAW MOVED TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE BIDDER. MOTION FAILED 2-3 (Vice Mayor Bogosian and Councilmembers Mehaffey and Baker dissented). C. Award of Monthly Maintenance Contracts for landscape maintenance services Recommendation: 1. Move to declare New Image Landscaping, Golden Touch Landscaping, Mike Samuelson Landscaping, and Gachina Landscaping to be the lowest responsible bidders. 2. Move to award monthly maintenance contracts to New Image Landscaping, Golden Touch Landscaping, Mike Samuelson Landscaping, and Gachina Landscaping for Fiscal year 1999-2000 according to the tables listed in the staff report. City Manager Perlin presented the staff r~port. Following comments from Councilmember Baker he noted that the dollar amounts of zones 26 and 28 are reversed in the tables on page 2 of the staff report. Discussion ensued regarding contracts and bids. Vice Mayor Bogosian commented he would like to see added language in the contracts to include penalty provisions for poor work performance and establish procedures for the City to monitor the contract administration and oversee the landscape disWiets. P.ge 9 of 12 Minutes for City Council Regular Meeting June 16, 1999 In response, City Attomey Randolph commented the City has two options: 1) reject the bids, rewrite the contntcts and re-bid; 2) direct staff to do an increased level o/ enfomement, monitor the contracts and if any of the contracts become problematic, the City can do new bid and contract documents at the expiration of those contracted terms. City Manager Perlin commented that the contract in the agenda packet is not the full contract. The entire contract includes specifications, bid proposal, insurance, hold harmless agreement, etc. In the specifications, there is language addressing penalties and hold backs of payments for poor performance. Discussion ensued. Councilmember Baker expressed concern that the contractors who bid on the landscape districts are bidding to maintain the current landscaping that exist in those districts; not to replace landscaping that has been destroyed. Therefore, he would like to request a report back from staff on the condition of all the landscape districts. He asked City Attomey Randolph what the City's options are on the present landscaping contractor be'mg forced to make good for the cost of replacing of those items which, have died due to lack of maintenance. City Attomey Randolph replied 1) to review the present contract for enforcement provisions; and 2) weigh the costs and benefits of what the City would be able to get out of the contractor and what that cost would be to the City. Vice Mayor Bogosian commented he is not comfortable in moving forward with the contracts until additional information is received and evaluated. City Manager Perlin commented he could have staff do a report on the condition of the landscaping in each zone, however, the City needs to move forward with the new contractors. Vice Mayor Bogosian stated there needs to be a commitment by the City to follow through when the contractor does not perform accordingly. Councilmember Mehaffey concurred with Vice Mayor Bogosian that the Gty should monitor and administer the contracts and if the contractors are not performing they ought to be replaced and the City should pick up the difference. Discussion continued. BAKER/STREIT MOVED TO 1) DECLARE NEW IMAGE LANDSCAPiNG, GOLDEN TOUCH LANDSCAPiNG, MIKE SAMUELSON LANDSCAPiNG, GACHINA LANDSCAPiNG TO BE THE LOWEST BIDDERS; 2) AWARD MONTHLY MAINTENANCE CONTRACTS TO NEW IMAGE LANDSCAPiNG, GOLDEN TOUCH LANDSCAPiNG, MIKE SAMUELSON LANDSCAPiNG, AND GACHiNA LANDSCAPiNG FOR FY 99-00 ACCORDiNG TO THE TABLES LISTED iN THE STAFF REPORT; 3) DIRECT STAFF TO GIVE COUNCIL A REPORT ON THE CONDITIONS OF ALL OF THE LANDSCAPiNG DISTRICTS. Vice Mayor Bogosian commented he would have to oppose because he does not feel the issue of assurances, penalty provisions, enfomement, etc. have clearly been resolved and there are too many unanswered questions to warrant supporting the award of these contracts. He feels there is no urgency that these contracts have to be approved this evening. In response to Mayor Shaw, City Manager Perlin commented that the City has the ability to step in and tenninate a contract, there is adequate termination clause in all the contracts, the problem is bringing a replacement on board particularly in the LLA because the amount of money available to pay is fixed by the amount of the assessments being collected. Vice Mayor Bogosian commented that he would like to see a commitment fi~orn the Council that the City is willing to step in and take care of these problem when they occur. Councilmember Mehaffey commented he would like to move forward with the contracts as they are written, he would like to see an assessment or inventory of all the landscaping districts and a couple of months afier the new contractors are on board, he would like to see a review of their performance. City Manager Perlin noted the City is still holding ~mds back fi'om the current contractor. The City could keep the remaining funds to offset replacement or damage cost due to the contractor's poor performance. Page 10 of 12 Minutes for City Council Regular Meeting / June 16, 1999 Discussion ensued. Vice Mayor Bogosian asked that if staff could prepare a report for Gouncit next month on the conditions of all the landscaping districts, followed by a six month report and another one after one year, then he would support awarding the contracts this evening. City Manager Perlin replied yes. BAKER/STREIT MOVED TO 1) DECLARE NEW IMAGE LANDSCAPING, GOLDEN TOUCH LANDSCAPING, MIKE SAMUELSON LANDSCAPING, GACHINA LANDSCAPING TO BE THE LOWEST BIDDERS. MOTION PASSED 5-0. BAKER/MEHAFFEY MOVED TO AWARD MONTHLY MAINTENANCE CONTRACTS TO NEW IMAGE LANDSCAPING, GOLDEN TOUCH LANDSCAPING, MIKE SAMUELSON LANDSCAPING, AND GACHTNA LANDSCAPING FOR FY 99-00 ACCORDING TO THE TABLES LISTED IN THE STAFF REPORT. MOTION PASSED 5-0. 8. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions on current oral communications. None 9. APPROVAL OF MINUTES (Note: City Attorney will be excused at tins point if no longer needed.) City Attorney Randolph left the meeting at 11:45 p.m. A. Regular Meeting of June 2, 1999 Vice Mayor Bogosian corrected page 4 of the minutes under ins comment on the Harkey appeal to add the following language, "that there is a safety hazard with the driveway coming out on the side instead of straight out." Council concurred. STREIT/MEHAFFEY MOVED TO APPROVE THE MINUTES AS AMENDED. MOTION PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for the next adjourned regular meeting (Note: The purpose of listing the items immediately following is not to discuss or take action on them, but simply to decide whether they are to be placed on the agenda for the meeting) - Adioumed regular meeting of June 22~ 1999 is canoeled.) Mayor Shaw commented to agendize a process for the hub concept discussions and suggested to use the 1980 General Plan development process as a guide. Council concurred to discuss this at the retreat and at the joint meeting with Parks and Recreation Commission on July 13. Vice Mayor Bogosian commented to agendize a joint meeting with the Planning Commission sooner than the scheduled joint meeting in September to discuss Measure G, variances, application processes, etc. There was consensus of the Council to hold a joint meeting with the Parks and Recreation and Planning Commission on July 13, 1999 and canoeled the adjourned meeting of July 27, 1999. 11. CITY MANAGER'S REPORT City Manager Perlin reported on the following: · Special meeting on Jtme 18 and the retreat on June 19, 1999 at the Inn of Saratoga. · Donation from PG & E received for the July 4 Hometown Celebration to be forwarded to the Lions Club · July 10 at 11:30 a.m. to 2:00 p.m. will be the Annual Public Safety Commission picnic to be held at the Sacred Heart Church picnic grove. · Announced the passing of City Attorney Riback's father and the City will be sending flowers . and a card. Page l~. of 12 Minutes for City Council Regular Meeting June 16, 1999' Because of the late hour, City Manager Perlin suggested adjourning the remainder of the Closed Session this evening to Friday morning, June 18 before the City Attomey~contract services item. Council concurred to schedule a closed session to continue discussions regarding the labor negotiations with S.E.A. and S.M.O to Friday, June 18 at 9:30 a.m., and directed staff to prepare and post notice as required by law. ADJOURNMENT - To Friday, June 18, 1999 at 10:00 a.m. for Closed Session - City Attorney Selection Process; and, to Saturday, June 19, 1999 for City Council Retreat. Mayor Shaw adjoumed the meeting at 11:58 p.m. Respectfully submitted, City Clerk Page 12 of 12