HomeMy WebLinkAbout10-06-1999 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, October 6, 1999 - 5:30 p.m.
PLACE: Closed Session - Administrative Conference Room, 13777 Fruitvale Avenue;
Regular Meeting - Council Chambers/Civic Theatre, 13777 Fruitvale Avenue
TYPE: Regular Meeting
OPEN SESSION - 5:30 p.m. in the Administrative Conference Room
ADJOURN TO CLOSED SESSION
CLOSED SESSION
A. Conference with Labor Negotiator pursuant to Government Code Section
54957.6 Agency Negotiator: Larry I. Perlin; Employee organization: Saratoga
Management Association (SMO)
B. Conference with Legal Counsel - Existing Litigation pursuant to Government
Code section 54956.9(a) - Name of Cases: City of Saratoga v. West Valley-
Mission Community College District, Santa Clara County Superior Court No.
CIV 756-340; City of Saratoga v. TCI of Cleveland, Santa Clara County
Superior Court; City of Saratoga v. County of Santa Clara
MAYOR'S REPORT ON CLOSED SESSION - Acting Mayor Pro Tem Mehaffey declared
there were no reportable actions taken.
CALL TO ORDER - Acting Mayor Pro Tem Mehaffey called the regular meeting to order at 7:00
p.m. in the Council Chambers at 13777 Fruitvale Avenue.
PLEDGE OF ALLEGIANCE - Led by Councilmember Waltonsmith
ROLL CALL - All present with the exception of Vice Mayor Bogosian.
Staff present - City Manager Perlin, City Attorney Taylor, City Clerk Ramos, Acting Director of
Public Works Cherbone.
1. CEREMONIAL ITEMS
A. Proclamation recognizing Ray Rossi, owner of the Saratoga Drug Store, for his years of
service to the community.
Acting Mayor Pro Tem Mehaffey read and presented the proclamation to Mr. Rossi, who expressed
his thanks and appreciation.
REPORT OF CITY CLERK ON POSTING OF AGENDA - City Clerk Ramos reported that
pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October
1, 1999.
2. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. Oral Communications on Non-Agendized - None
B. Communications from Boards and Commissions - None
C. Written Communications - None
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Minutes for City Council Regular Meeting October 6, 1999
3. CONSENT CALENDAR
A. Previously Discussed Items
1. Resolution denying an appeal form the decision of' the Planning Commission:
Appellant/Applicant: Sprint PCS/Crawford at 14429 Big Basin Way; UP 96-
013.1
Recommendation: Adopt resolution.
2. Resolution granting an appeal fi.om the decision of the Planning Commission:
Appellant/Applicant: Blackwell Properties at 13995 Alta Vista Avenue (Lot 1);
DR 99-030
Recommendation: Adopt resolution.
3. Resolution granting an appeal fi.om the decision of the Planning Commission:
Appellant/Applicant: Blackwell Properties a't 13997 Alta Vista Avenue (Lot 2);
DR 99-029
Recommendation: Adopt resolution.
BAKER/STREIT MOVED TO ADOPT AND APPROVE THE RESOLUTIONS UNDER
CONSENT CALENDAR ITEM 3A(1), (2) AND .(3). MOTION PASSED 3-0-1,
COUNCILMEMBER WALTONSMITH ABSTAINING AND VICE MAYOR BOGOSIAN
ABSENT.
B. New Items
1. Planning Commission Actions, September 22, 1999
Recommendation: Note and file.
2. Approval of Check Register
Recommendation: Note and file.
3. Memo authorizing publicity for October 20 Public Heating items - None
4. First Amendment to the ABAG Power Pool Natural Gas Sales and Aggregation
Agreement.
Recommendation: Approve the amendment to the Agreement.
5. Resolution supporting the Winchester Extension to the Vasona Corridor Light
Rail Project.
Recommendation: Adopt the resolution.
6. Final Acceptance and Notice of Completion for Horseshoe Drive Landscape
Improvements
Recommendation: Accept the project as complete and authorize staff to
record the Notice of Comple(ion for the construction contract.
7. Final Acceptance of Subdivision Public Improvements within Tract 8979.
Recommendation:
1. Grant final acceptance of the subdivision public improvements within Tract
8979.
2. Adopt the resolution rescinding the previously rejected Offer of Dedication
and accepting the dedication of the street (Rodeo Creek Hollow) within
Tract 8979 into the City's publicly maintained street system.
8. Contract for Civic Theater HVAC engineering services.
Recommendation: Accept proposal fi.om Vemon-Allen-Okamoto to provide
the mechanical, plumbing, electrical and structural engineering technical
drawings and specifications for the Civic Theater HVAC system in the amount
of $6,560.
Acting Mayor Pro Tem Mehaffey pulled item 3B(4) for discussion.
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Minutes for City Council Regular Meeting October 6, 1999
STREIT MOVED TO APPROVE CONSENT CALENDAR ITEMS 3B 1, 2, 3, 5, 6, 7, AND 8.
Councilmember Baker requested amending the motion to exclude item 3B(8) and pull that item for
discussion.
STREIT/BAKER MOVED TO AMEND THE MOTION TO APPROVE CONSENT
CALENDAR ITEMS 3B 1, 2, 3, 5, 6, 7 AS PRESENTED. MOTION PASSED 4-0, VICE
MAYOR BOGOSIAN ABSENT.
Acting Mayor Pro Tem Mehaffey asked the opinion of the City Attorney regarding item 3B(4), the
amendment to the ABAG POWER Aggregation Agreement.
City Attorney Taylor replied the agreement would commit the City for three years and would allow
ABAG to secure long-term contracts and give them the flexibility to make their bids on gas
purchase supplies.
Additionally, without having read the Joint Powers Authority agreement, it is his understanding
that the City is represented on ABAG's Board of Directors and the City would therefore have one
vote among many as to what the proposed fees are going to be.
City Manager Perlin replied that management level staff from the various member agencies would
represent their cities on ABAG's Board.
MEHAFFEY/BAKER MOVED TO APPROVE CONSENT CALENDAR ITEM 3B(4)
APPROVING THE AMENDMENT TO THE ABAG POWER AGGREGATION AGREEMENT.
MOTION PASSED 4-0, VICE MAYOR BOGOSIAN ABSENT.
Councilmember Baker commented he had some concerns about ambiguous language in the
proposal for the Civic Theater HVAC system which has been cleared and replacement text has
been provided that deal with the mechanical issues on code deficiencies and remedial actions,
particularly item 2 on page 1 regarding duct smoke detectors and unit shut down requirements; and
dampers under item 5.
BAKER/STREIT MOVED TO APPROVE CONSENT CALENDAR ITEM 3B(8). MOTION
PASSED 4-0, VICE MAYOR BOGOSIAN ABSENT.
C. Claims Against the City - None
At this time, Acting Mayor Pro Tem Mehaffey moved to Old Business due to the early hour for
public hearing.
4. PUBLIC HEARINGS - 7:30 p.m.
Councilmember Waltonsmith recused herself at the recommendation of the City Attorney since she
was a member of the Planning Commission when they considered the items.
A. (Continued public hearing) Appeal of Planning Commission denial of AS 99-
001, a request to allow a batting cage to be, erected on property located 15142
Sobey Road (Applicant/appellant: David and Cynthia Wright)
Recommendation: Deny the appeal and uphold the Planning Commission's
decision.
City Manager Perlin presented the staff report, noting that letters of requesting continuance to
November 3, 1999 have been received fi'om the appellant, Mr. Wright and a neighbor, Mr. Grellas.
'The letters are included in the Council agenda packet.
BAKER/STREIT MOVED TO APPROVE THE REQUEST AND CONTINUE THE PUBLIC
HEARING TO NOVEMBER 3, 1999. MOTION PASSED 3-0-1, COUNCILMEMBER
WALTONSMITH ABSTAINED AND VICE MAYOR BOGOSIAN WAS ABSENT.
There was a consensus of the Council not to consider any additional requests for continuance of this
appeal.
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Minutes for City Council Regular Meeting October 6, 1999
B. Vessing Road District initiatio,'n of condemnatiion proceedings
Recommendation: Open and close public hearing; adopt resolution.
City Manager Perlin presented the staff report.
Acting Mayor Pro Tern Mehaffey opened the public hearing at '7:37 p.m. and there being on public
testimony, closed the public heating at 7:38 p.m.
BAKER/WALTONSMITH MOVED TO ADOPT THE RESOLUTION WITH, A PROVISION
TO ENCOURAGE STAFF TO CONTINUE DISCUSSIONS WITH THE PROPERTY OWNER
(MR. DANA) BEFORE INITIATING THE CONDEMNATIOIq PROCEEDINGS.
Councilmember Mehaffey expressed his opposition because he does not support exercising eminent
domain proceedings while negotiations for a settlement are undenvay with the property owner and
feels it is not an appropriate use of government power until all other avenues have been exhausted.
MOTION FAILED WITH A 3-1 VOTE, ACTING MAYOR PRO TEM MEHAFFEY
DISSENTED AND VICE MAYOR BOGOSIAN ABSENT. CITY ATTORNEY TAYLOR
NOTED THIS MOTION REQUIRES A 4/5 VOTE OF THE COUNCIL.
City Attorney Taylor commented that if it is the pleasure of the Council, staff can continue
negotiations with the property owner (Mr. Dana) and if those prove unsuccessful, staff will bring
this item back at a later Council meeting.
5. OLD BUSINESS
A. Location for memorial tree for the late Mayor Shaw
Recommendation: To be presented at the meeting.
City Manager Perlin reported that the examination by staff for potential locations in the Civic
Center has been unsuccessful in that the proposed sites would not appear adequate for foot traffic
and visual exposure. This has resulted in a recommendation to Council to consider a location in the
Hakone Gardens since the late Mayor Shaw was close to the Hakone Foundation, if that is
Council's desire. In addition, another alternative would be to find a location in one of the City
parks.
Discussion ensued.
Councilmember Baker suggested a list of options, with perhaps the top five recommended sites as
opposed to restricting the options to specific sites such as Hakone, City parks or the Civic Center.
Council concurred.
City Manager Perlin concurred,' commenting staff wanted to see if the Council would be
comfortable with locations other than the Civic Center grounds, that would open up more options
for staff.
There was a consensus of the Council to direct staff to come up with a list of recommended sites in
the afore-mentioned places, however they would prefer to find a location at the Civic Center.
City Manager Perlin commented staff would bring back a list of sites at the Civic Center and a list
of sites elsewhere in the City. Council concurred.
6. NEW BUSINESS
A. Award of construction contract for 1999 annual concrete repair project.
Reenmmendatinn:
1. Declare Meade Construction, Inc. of Burlingame to be the lowest responsible bidder
6n the project.
2. Award a construction contract to Meade Construction, Inc. in the amount of
$58,919.
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Minutes for City Council Regular Meeting October 6, 1999
3. Authorize staffto execute change orders to the contract up to $8,000.
City Manager Perlin presented the staff report.
In response to City Council questions, Acting Public Works Director Cherbone explained the bid
process, background and reference checking, contract administration and change order calculations.
BAKER/STREIT MOVED TO DECLARE-MEADE CONSTRUCTION, INC. OF
BURLINGAME TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT;
AWARD A CONSTRUCTION CONTRa, CT TO MEADE CONSTRUCTION, INC. IN THE
AMOUNT OF $58,919; AND, AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO
THE CONTRACT UP TO $8,000. MOTION PASSED 4-0, VICE MAYOR BOGOSIAN
ABSENT.
B. Award of constmction contract for 1999 Street Maintenance Program
Recommendation:
1. Declare Valley Slurry Seal Co. of West Sacramento to be the lowest responsible
bidder on the project.
2. Award a construction contract to Valley Slurry Seal Co. in the amount of
$166,630.32.
3. Authorize staff to execute change orders to the contract up to $15,000.
City Manager Peflin presented the staff report.
BAKER/WALTONSMITH MOVED TO DECLARE VALLEY SLURRY SEAL CO. OF WEST
SACRAMENTO TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT;
AWARD A CONSTRUCTION CONTRACT TO VALLEY SLURRY SEAL CO. IN THE
AMOUNT OF $166,630.32; AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO
THE CONTRACT UP TO $15,000. MOTION PASSED 4-0, VICE MAYOR BOGOSIAN
ABSENT.
C. Award of construction contract for Pavement Management Program.
Recommendation:
1. Declare G. Bortolotto & Co. of San Carlos to be the lowest responsible bidder on
the project.
2. Award a construction contract to G. Bortolotto & Co. in the amount of
$1,141,214.74.
3. Authorize staffto execute change orders to the contract up to $90,000.
City Manager Peflin presented the staff report.
BAKER/STREIT MOVED TO DECLARI~ G. BORTOLOTTO & CO. OF SAN CARLOS TO
BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT; AWARD A
CONSTRUCTION CONTRACT TO G. BORTOLOTTO & CO. IN THE AMOUNT OF
$1,141,214.74; AND AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE
CONTRACT UP TO $90,000. MOTION PASSED 4-0, VICE MAYOR BOGOSIAN ABSENT.
Acting Mayor Pro Tern Mehaffey asked if the amount includes the amount that will be refunded to
the City by the Town of Los Gatos and a developer. Acting Public Works Director Cherbone
responded yes.
7. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions
on current oral communications. - None
8. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no
longer needed.)
A. Special meetings of August 30, 1999 and September 9, 1999
B. Adjourned regular meeting of September 7, 1999
C. Regular meeting of September 15, 1999
Councilmember Baker requested correction to the minutes of August 30, 1999 special meeting:
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Minutes for City Council Regular Meeting I October 6, 1999
Bottom of page 2, under the motion, there is no,reflection of the vote and it was a unanimous vote.
STREIT/BAKER MOVED TO APPROVEI THE M1NUTES OF AUGUST 30, 1999 AS
AMENDED. MOTION PASSED 3-0-1, COUNCILMEMBER WALTONSMITH ABSTAINED
AND VICE MAYOR BOGOSIAN ABSENT.
Councilmember Baker requested correction to the minutes of September 7, 1999, Page 10, item 8,
Report of Councilmcmbers on various Agencies and Commissions, "SWAT" not swap; and
"Clevenger" not "'
~..~I~V ~11~1.
BAKER/STREIT MOVED TO APPROVE THE MINUTES OF SEPTEMBER 7, 1999 AS
AMENDED. MOTION PASSED 4-0, VICE MAYOR BOGOSIAN ABSENT..
Councilmember Baker requested correction to the minutes of September 15, 1999 regular meeting:
Bottom of page 7 under item 4C, to read, "...surrounding houses on the u~Enerflat are,a and thane
houses he. low the u?pe,r flat are,a of the street are separate neighborhoods".
Acting Mayor Pro Tem Mehaffey corrected a space typo to page 4, item 4, of the minutes of
September 15, 1999 regular meeting.
BAKERJWALTONSMITH MOVED TO APPROVE THE MINUTES OF SEPTEMBER 15, 1999
AS AMENDED. MOTION PASSED 4-0, VICE MAYOR BOGOSIAN ABSENT.
BAKER/STREIT MOVED TO APPROVE THE MINUTES OF SEPTEMBER 9, 1999 AS
PRESENTED. MOTION PASSED 4-0, VICE MAYOR BOGOSIAN ABSENT.
9. 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 adjourned
regular meeting of October 12, 1999- thi.q meeting i.q canceled).
B. Other
Councilmember Baker asked when a report would come back on development of a City newsletter.
City Manager Perlin replied it would be on the October 20~ agencla.
Councilmember Waltonsmith commented on the issues surrotmding the multiple roof usage of
communication poles and towers, particularly in.the Village, and :recommended sett. lng a meeting to
convene discussions to address the issues.
Discussion ensued.
City Manager Perlin suggested to have staff initiate a discussion process with all the service
providers to address this issue and find workable alternatives and invite members of the Planning
Commissioners and Council to participate, and shoot for a timefi.ame of March 2000.
City Attomey Taylor suggested Council put this item on a subsequent agenda for further discussion
and staff can come back with some policy options for the best way to handle the general concems
raised this evening. Council concurred.
Councilmember Waltonsmith reported that while she was in Virginia, she requested some'
informational materials fi.om the Humane Society regarding the deer issue to be mailed to the City
Manager.
City Manager Perlin commented staff has contacted the County a~ad asked for some representatives
to provide information about the deer issue at the October 20~' meeting.
Councilmember Baker referred' to a letter addressed to the West Valley Sanitation District Board
fi.om Francis Flanagan regarding septic abatement that he would forward to the City Manager for
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Minutes for City Council Regular Meeting October 6, 1999
appropriate action.
Councilmember Mehaffey asked for a status report on the septic abatement ordinance.
City Manager Perlin replied discussions are underway with Director Walgren to implement the
ordinance and find ways to manage this conversion process. In the meantime, staff is converting
the lists of property owners, which was received fi.om West Valley Sanitation District and
Cupertino Sanitary District, fi.om assessor's parcel numbers to physical street address in order to
create a mailing list to send the notices out. The notices should go out in November.
In response to Councilmember Streit, City Manager Perlin replied the next report on the Creek
settlement will be provided on the October 26 adjourned regular meeting.
10. CITY MANAGER'S REPORT - City Manager Perlin reported on the following:
· The Saratoga Union School District is' convening two community forums, one at Foothill
Elementary at 7:00 p.m. to look at their plans; and, the other at Argonaut Elementary at 7:00
p.m. to look at their plans.
· AB 236 (fiscal relief bill for the fire districts) has been signed
· Reminder: League Conference begins this weekend. Opening night party at the Tech
Museum on Sunday at 6:30 p.m.
· City Hall is closed on Monday, October 11, for Columbus Day.
ADJOURNMENT - Acting Mayor Pro Tem Mehaffey adjoumed the meeting at 8:30 p.m.
Respectfully submitted,
City Clerk
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