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HomeMy WebLinkAbout03-19-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL MARCH 19, 2003 The City Council ofthe City of Saratoga met in Open Session in the Administrative Conference Room at 3 :40 p.m. to interview applicants for the Planning 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 Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO Conference With Legal Counsel- Initiation ofIitigation (Gov't Code Section 54956.9(c): (1 potential case) Conference With Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 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 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann WaItonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Tom Sullivan, Community Development Director Jesse Baloca, Administrative Services Director John Livingston, Associate Planner REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 19, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 19, 2003 was properly posted on March 14, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Wanda Kownacki, 19280 Bainter Avenue, requested that the City pursue annexation of the property located at 19418 Redberry Drive. Dan Hoffinan, 19403 Vineyard Lane, requested the City comment or gesture some support for our troops in Iraq. Marcia Manzo, Chair Library Commission/Library Expansion Committee, 20471 Walnut Avenue, referring to the City Council meeting held on March 19, 2003, Chair Manzo stated that no where in Measure N does it allow the Council to control the community room. Anne Cross, 19984 Wellington Court, stated that the community room is well know amongst non-profit groups who need space to hold meetings at a minimal rate. Bill McDonald, PresidentlFriends of the Saratoga Libraries, 15201 Montalvo Road, stated that he worked on the library campaign for four years. Measure N stated that it would maintain the community room. Mr. McDonald stared that ifhe would have had prior knowledge that the Council wanted to control the community room he would not have worked so hard to get Measure N passed by the voters. Mr. McDonald requested that the Council do not change the current use on the community room. Mary Jean Fenn, 20102 Chateau Drive, stated that she was present tonight representing hundreds of volunteers from the Measure N campaign. Ms. Fenn shared the process and concerns of the residents during that campaign. Ms. Fenn stated that the volunteers gave their word to the voters that the community room would be maintained as is. Ms. Fenn stated that if the Council wants to control the community room a town hall meeting should take place first to hear what the residents want. Marlene Duffin, 21241 Canyon View Drive, noted that most groups do not have a lot of money to rent meeting facilities. Ms. Duffin stated that the community room is affordable for community groups. Ruth Gipstein, 19762 Charters Avenue, stated that Measure N passed because the community wanted to continue the superb services they receive. Ms. Gipstein stated that it is not the Council's room but the "community's" room. Ms. Gipstein stated that the Council should keep the library polices as is. 2 James M. Givens, 131 Calle Larga, noted that he is an active member pfthe Friends of the Saratoga Library. Mr. Givens requested that the Council reconsider their decision on controlling the community room at the library. Mr. Givens stated that the community room should be available for nonprofit groups. Mr. Givens stated that 26 nonprofit groups rent the community room for a nominal fee. Felicia Peters Pollock, 13561 Old Tree Way, stated that she has lived here for 43 years. Mrs. Pollock stated that she was disappointed in the Council's proposed changes in the community room's policy. JoAn Lambert, 14030 Elvira Street, stated that many community groups use the community room b3ecause it's close, convenient and affordable. Ms. Lambert urged the Council to keep the current polices. Jean Wenberg, 18951 Easter Place, noted that she is the President of the Log Gatos- Saratoga University Woman's group. Ms. Weinberg noted that that use the community room for their meetings. Ms. Weinberg noted the Group has approximately 300 in which 50% are Saratoga residents. Alan King, 14472 Oak Place, requested that the Council continue to allow the library staff to continue to operate the community room as they have in the past. Marjory Bunyard, 12625 Miller Avenue, noted that she has lived in Saratoga for over 30 years. Ms. Bunyard stated that most of the people who belong to nonprofit groups are retired. Willys Peck, 14275 Saratoga Avenue, stated that he was present tonight on behalf of the Saratoga Historical Society. Mr. Peck stated that the Society used the community room for their membership meetings. Peggy Corr, 19224 Dehavilland Drive, opposes the use of the community room as a meeting place for the City Council and Commissions. Jack Grantham, 12611 Paseo Cerro, requested that the Council reconsider their decision made on March 5, 2003 in regards to the community room. Peggy Patrick, 21205 Canyon View Drive, stated that within the bond language it prohibits the type of use council wants for the community room. Cynthia Chang, 13527 Toni Ann Place, noted that she has lived here for over 20 years. Ms. Chang stated that she currently serves on the Los Gatos Saratoga Joint Union High School Board, is a member of the Friends of the Library, League of Women Voters, and Hakone Gardens. Ms. Chang thanked the Council for serving as City leaders. Ms. Chang suggested that the Council and the Committees hold their at the North Campus. Barbara Mendenthal, 12791 Idelwood Lane, noted that she opposes any changes to the use of the community room. 3 Barbara N esbet, 17268 Zena Avenue, Monte Sereno, stated that she is a Councilmember for the City of Monte Sereno and also a member of the Library JP A. Councilmember Nesbet thanked the citizens of Saratoga and the Friends ofthe Library for supporting Measure N. Councilmember Nesbet suggested that the Council listen to the people of Saratoga and not change the use policy for the community room at the library. Mayor Streit stated that the law prohibits the Council from taking any action on the community room, but an item may be on the May 7'h of May 21 st agenda for discussion. WRITTEN COMMUNICATIONS Letter from the Saratoga Business Development Council (SBDC) regarding streetlights and tree lights in the Village. COUNCIL DIRECTION TO STAFF Vice Mayor Waltonsmith requested that an item be placed on the agenda to discuss options for alternative meetings rooms for the Council land commissions. Councilmember Bogosian noted that he supported Vice Mayor Waltonsmith's request. ANNOUNCEMENTS None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None CONSENT CALENDAR 3A. CITY COUNCIL MINUTES -FEBRUARY 5, 2003 STAFF RECOMMENDATION: Approve minutes. W AL TONSMITHlKLINE MOVED TO APPROVE COUNCIL MINUTES OF FEBRUARY 5,2003 AS AMENDED. MOTION PASSED 5-0. 3B. CITY COUNCIL MINUTES - FEBRUARY 11, 2003 STAFF RECOMMENDATION: Approve minutes. W AL TONSMITH/ KLINE MOVED TO APPROVE COUNCIL MINUTES OF FEBRUARY 19, 2003. MOTION PASSED 4-0-1 WITH KING ABSTAINING. 4 3C. CITY COUNCIL MINUTES - MARCH 5, 2003 STAFF RECOMMENDATION: Approve minutes. W AL TONSMITHIKLINE MOVED TO APPROVE COUNCIL MINUTES OF MARCH 5, 2003. MOTION PASSED 5-0. 3D. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W AL TONSMITH/KLINE MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 3E PLANNING ACTION MINUTES - MARCH 12, 2003 STAFF RECOMMENDATION: Note and file. W AL TONSMITHIKLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 3F. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION 2000 BOND ACT PER CAPITA BLOCK GRANT RESOLUTION AND ROBERT-Z-BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM BLOCK GRANT RESOLUTION TITLE OF RESOLUTION: 03-017 RESOLUTION OF THE SARATOGA CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 TITLE OF RESOLUTION: 03-018 RESOLUTION OF THE CITY COUNCIL APPROVING THE APPLICANT TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 W ALTONSMITHIKLINE MOVED TO ADOPT RESOLUTIONS APPROVING THE APPLICATIONS TO APPLY FOR GRANTS THROUGH THE PARK BOND ACT OF 2000. MOTION PASSED 5-0. 5 PUBLIC HEARINGS 4. FY 2003-2004 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING STAFF RECOMMENDATION: Conduct public hearing; adopt resolutions; appoint new Councilmember to serve on the Subcommittee to review applications for CDBG Septic Abatement Funds. TITLE OF RESOLUTION: 03-019 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDING FROM SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2003/2004 Lata Vasudevan, presented staff report. Planner Vasudevan explained that the Department of Housing and Urban Development (HUD) makes annual disbursements of Housing and Community Development Act (HCDA) funds for eligible projects and activities. Saratoga and seven other "non-entitlement" cities within Santa Clara County receive federal HCDA funds from the Community Development Block Grant (CDBG) Program. Non-entitlement cities receive funds through a cooperative agreement with the County of Santa Clara, the locally responsible grant recipient. Planner Vasudevan explained that expenditures ofthese funds is restricted by federal and county regulations. Planner Vasudevan explained that the total amount available for FY 2003/04 is $172,200, which reflects a 1.6% decrease in funding from the current year allocation. Of that amount, a maximum $35,356 may be spent on public service activities, which is $427 less than the current year allocation. Additional allocations are % 15,000 to cover CDBG program administration, that annual contribution of$29,000 to the County to provide assistant in administration the SHARP Revolving Housing Rehabilitation Loan Program, and $50,000 for American with Disabilities Act (ADA) Improvements at Hakone Gardens. Planner Vasudevan explained that the availability ofCDBG funds for eligible projects and activities was publicized in the Saratoga News funding the month of January 2003. One Public Service application and three CDBG capital projects and non-public service proposals were received during the application cycle. Planner Vasudevan explained the following funding recommendations that have been recommended by Councilmember Bogosian and Betty Feldheym: 1. CDBG PUBLIC SERVICE ACTIVITIES SASCC - Adult Dav Care Program Requests $36,737, which is 22.55% of estimated annual budget to operate the Adult Day Care Center. The maximum that can be allocated to public service is $35,366. 6 2. CDBG CAPITAL AND NON-PUBLIC SERVICE PROJECTS SASCC - is requesting $13,294 to install two automatic doors and monitoring system at its entrance to the Adult Care Center. Proiect Match - is requesting $33,000 to cover full cost of lease payments to the landlord on its group home on Blauer Drive in Saratoga. Rebuilding Together Silicon Vallev - is requesting $15,000 to renovate and repair two homes of very low-income property owners in Saratoga. ADA Improvements Proiect at Hakone Gardens - per the lease agreement with Hakone Foundation, the city will provide $50,000 per year for five years, to update ADA requirements at the park. 3. PROGRAM ADMINISTRATION Countv Rehabilitation Assistance - The City's SHARP Revolving Housing Rehabilitation Loan Program is administrated by the Santa Clara County Housing and Community Development (HCD) staff. HCD charges $20,000 of CDBG funds per year to administer the SHARP program for the City. Citv Program Administration - $25,000 is set aside for the general program administration costs incurred by the City. 4. SHARP REVOLVING HOUSING REHABILITATION LOAN PROGRAM AND LEAD BASED PAINT ABATEMENT Allocate $5,540 to the SHARP Program for FY 2003/04. Allocate $5,000 to Revolving Housing Rehab 5. REALLOCATION OF PRIOR CDBG FUNDS Transfer $51,418.96 from the ADA Saratoga-Sunnyvale Road Curb Ramp Upgrade Project to the SHARP Revolving Housing Rehabilitation Loan Fund 6. SANITARY SEWER CONNECTION PROJECT Appoint a new Councilmember to serve on the Sub-committee to review applications for septic tank abatement grant requests. Council discussion on the reallocation of funds to the SHARP program from the ADA Saratoga-Sunnyvale Road Curb Ramp Upgrade Project. Mayor Streit opened the public hearing. Joselle Kryder, 12925 Arroyo de Arguello, noted she represented Building Together. Ms. Kryder stated that their mission is to rehabilitate homes of low- income homeowners in Santa Clara County. Since 1991 they have repaired 200 homes. Although they application was denied she wanted the to acquaint the Council to their program. Betty Feldheym, 20184 Franklin Avenue, noted that she is on the Citizen Advisory Committee. Bob Campbell, Executive Director/Project Match, 20281 Blauer Drive, stated that Project Match has been in partnership with the city for 13 years. Mr. Campbell stated that they provide housing for five very low-income seniors. 7 Councilmember Bogosian stated that he commends Project Match for their work in the community. Councilmember Bogosian stated that he would serve on the subcommittee to review applications for CDBG Septic Abatement Funds. WALTONSMITHIKLINE MOVED TO ADOPT RESOLUTION AUTHORIZING THE SUBMITTAL OF PROPOSALS FOR FUNDING FROM SANTA CLARA COUNTY UNDER THE FEDERAL HOUSING AND COMMUNITY DEVELOPMENT ACT FOR FISCAL YEAR 2003/2004. MOTION PASSED 5-0. Councilmember Bogosian commended Planner Vasudevan on an excellent staff report. OLD BUSINESS 5. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: · Chanl!e Order Activitv - Change Order #6 was finalized - aggregate to walkways, substituting style and number of benches, and fashioning and installing water duct extension rings. · Field Paoli - $504 change order for anchor bolt redesign that was approved in February. · Gilbane Contract Increase - $12,800 approved by City Council in February · Special Tests & Inspections - the total has been increased to reflect the miscellaneous services needed in addition to those provided under contract by CEL. · Mailinl!, Signs - Staff added "plaques" to this category and decreased total budgeted by $3,000 in anticipation that the original amount won't be needed. · Blueprints, Copvinl!, Noticinl! - Staff decreased total budgeted by $2,000 in anticipation that the entire original amount won't be needed. · Construction Temporarv Power, Power Costs - The total budget has been increased based on information from Thompson Pacific. · Budl!et Status - $14,646,600 - (total costs both committed and change requests) · Construction Schedule - change order #7 will include a new substantial completion date of April 15,2003. WALTONSMITHIKLINE MOVED TO AUTHORIZE STAFF TO AMEND GILBANE'S CONTRACT. MOTION PASSED 5-0. Mayor Streit thanked Assistant City Manager Tinfow for the update. 8 6. FIVE YEAR CAPITAL IMPROVEMENT PLAN - F.Y. 2002/2003 UPDATE STAFF RECOMMENDATION: Accept Report and provide direction to staff. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained the CIP process and the many benefits a comprehensive CIP has on the City. Director Cherbone noted that some projects may be include but unfounded, awaiting grants and special funding sources not available at the time the CIP development. In other cases Council may wish to fund design and engineering costs only for projects likely to be submitted for grant applications. Director Cherbone reported the status of current projects in the adopted 5-year CIP and stated that the adopted CIP contains a total of 46 projects, 33 projects have full or partial funding and 14 projects do not have funding. The total amount funded in the adopted CIP is $18,292,582. Director Cherbone explained new CIP projects for City Council consideration as follows: · Highway 9 and Saratoga Avenue Right Turn Lane Improvements- $175,000 · Sobey Road/Quito Road Traffic Improvements - $150,000 · Blaney plaza Improvements - Construction Phase - $150,000 · Historical Park/McWilliams House Improvements - $89,100 · Book-Go-Round - $38,500 · North Campus Improvements - $70,000 · Civic Center Seat Refurbish Project - $40,000 · North Campus ADA Improvements - $80,000 · UPRR Trail Neighborhood Outreach - $25,000 Director Cherbone explained funding options for unfunded and/or new projects as follows: · El Camino Grande/Mote Vista Strom Drain Project - Santa Clara Valley Water District has allowed the City to use a cheaper method of making drainage improvements reducing the cost from $330,000 to $100,000. · Sarato!!a Avenue Medians at Librarv - instead of a median modifying the striping configuration would help facilitate traffic flow. This reducing the costs from $150,000 to $0. The striping can be accomplished in the current PMP budget. The amount available for re-appropriation would be $150,000. · Plav!!round Safety (Brook!!len, El Ouito, Wildwood) - State Bond Act Funds have become available for these projects. These funds can be used to offset the general fund contribution made to Azule Park. Funding available in the Per Capita program is $284,000. The amount available for re-appropriation would be $284,000. 9 · EI Ouito Park Improvements - State Bond Act Funds have become available for this project. Funding available in the RobertOZ'berg Harris Urban Open Space and Recreation Program is $91,134. However a local non-city match is required in the amount of$13,019. Staff is currently soliciting this match. The amount available for re-appropriation would be $104,153. Director Cherbone noted that funding associated with the following project modifications were previously re-appropriated by City Council: · Hakone Gardens Drive Wav Improvements - reduced funding from $500,00 to $200,00. $50,000 for paving and drain work and maintain a $150,000 reserve for retaining wall improvements. The available amount for re-appropriation was $300,000, which was allocated to the Animal Control Facility. · Village Streetscape Improvements (SidewalklC&G) - issues with Caltrans have not resolved so the amount that was available for re- appropriation was $425,000. $410,00 was allocated to the Animal Control Facility Project. · 4th Street Brid!!e Replacement - Recent changes in the rating of this bridge removed it from the replacement category and into rehabilitation category. Reduced funding from $1,500,000 to $500,000. The cost to the City based on 80% funding from the Highway Bridge Replacement and Rehabilitation Program (HBRR) was reduced from $300,000 to $100,000. The amount available for re-appropriation was $200,000. These funds were allocated to the General Fund during the mid-year budget process. · WHH Attic Improvements - The City applied for a grant for these improvements but was turned down. The City funded $125,000 of the estimated $250,000 project cost. The amount was available for re- appropriation was $125,000. These funds were allocated to the General Fund during the mid-year budget process. Mayor Streit asked Director Cherbone if any of the new CIP projects for City Council consideration must be funded tonight. Director Cherbone responded that the Highway 9 and Saratoga A venue Right Turn Lane Improvements ($175,000) and the Book-Go-Round ($38,500) are the only proj ects that need funding tonight. In regards to the proposed new CIP proj ects. Conesus ofthe City Council to direct staff to: · Highway 9 and Saratoga Avenue Right Turn Lane Improvements - $175,000 (Fund) · Sobey Road/Quito Road Traffic Improvements - $150,000 (leave in CIP unfunded) · Blaney Plaza Improvements - Construction Phase - $150,000 ( · Historical Park/McWiIIiams House Improvements - $89,100 (Separate into two projects) · Book-Go-Round - $38,500 (Fund) 10 · North Campus Improvements - $70,000 (Leave unfunded) · Civic Center Seat Refurbish Project - $40,000 (Leave unfunded) · North Campus ADA Improvements - $80,000 (Leave unfunded) · UPRR Trail Neighborhood Outreach - $25,000 (Leave unfunded/hold a public hearing) NEW BUSINESS 8. RESOLUTION OF SUPPORT FROM THE CITY COUNCIL SUPPORTING THE APPLICATION FOR A GRANT BY THE SARATOGA HISTORICAL MUSEUM TO PROVIDE FUNDING FOR A CONSULTANT TO PREPARE A LONG RANGE PLAN FOR THE MUSEUM STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03-020 RESOLUTION FO THE CITY COUNCIL SUPPORTING THE SARATOGA HISTORICAL MUSEUM GRANT REQUEST John Livingstone, Assistant Planner, presented staffreport. Planner Livingstone explained that at the February 19, 2003 April Halberstadt requested the City Council to provide a letter of support to the Saratoga Historical Museum efforts to apply for a grant from the Community Foundation of Silicon Valley. The grant would be used to hire a non-profit consultant to help develop a long-term Strategic Plan that will include a business and funding plan. Planner Livingstone noted that per the City's Code the Heritage Preservation Commission had to review this request and was placed on their March 11, 2003 agenda. The HPC recommended approval of the request to the City Council with a 7-0 vote. Councilmember Kline asked what the consultant was going to be used for. April Halberstadt, 240 South 13th Street #1, stated that the consultant would help the Historic Foundation develop a strategic plan for the future. BOGOSIANIKLINE MOVED TO ADOPT RESOLUTION SUPPORTING THE SARATOGA HISTORICAL MUSEUM GRANT REOUEST. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Councilmember Bogosian reported the following information in regards to SV ACA: City of Sunnyvale withdrew from the JP A taking away1l3 of the funding for the shelter and 113 ofthe operating budget. JP A set up a subcommittee to reexamined options available to the JP A for shelter facilities and services. 11 CITY COUNCIL ITEMS Vice Mayor Waltonsmith requested that an item be placed on a future agenda to discuss facilities to hold City Council meetings. Consensus of the City Council to support Vice Mayor's Waltonsmith's request. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Streit adjourned the open meeting at 9:30 p.m. in the name of all the men and women in the armed forces and noted that Council would return to Closed Session in the Administrative Conference Room. There be no further business Mayor Streit adjourned the Closed Session meeting at 10:30 p.m. and announced that the claim filed by John Jenkins GL-054463 would be paid. ubmitted, 12