Loading...
HomeMy WebLinkAbout11-15-2000 City Council Minutes• MINUTES SARATOGA CITY COUNCIL November 15, 2000 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 Real Property Negotiator (Gov't Code 54956.8) Property: Serbian Church, 18870 Allendale Avenue Saratoga Community Library, 13650 Saratoga Avenue Abrams Property, 12948 Village Drive Agency Negotiator: Dave Anderson, City Manager Negotiating Parties: Authorize representative of Serbian Eastern Orthodox Church Under Negotiation: Instructions to negotiator regarding price and terms of payment for real property lease. Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: City of Saratoga v. West Valley College Santa Clara County Superior Court No. Doc. CIV756340. Mayor's Report on Closed Session - 7:05 p.m. Mayor Bogosian reported there was Council discussion but no action was taken. Mayor Bogosian called the Regular City Council meeting to order at 7:06 p.m. and requested Dave Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Ann Waltonsmith, Evan Baker, Nick Streit, John Mehaffey, Mayor Stan Bogosian. ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Jonathan Wittwer, Assistant City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works James Walgren, Director of Community Development • City Council Minutes November 15, 2000 Jonathan Wittwer, Assistant City Attorney, requested that an urgency item be added to tonight's agenda. Mr. Wittwer explained on October 18, 2000, the City of Saratoga and the Hakone Foundation signed a lease agreement. Within the contents of the lease agreement, the City is to appoint one City Councilmember to the Hakone Board and one City Councilmember to the Hakone Foundation Executive Committee. Mr. Wittwer explained the reason for the urgency is the Hakone Board is scheduled to meet on Monday, November 20, 2000. Consensus of the City Council to add appointments to the Hakone Foundation Board to new business as an urgency item. REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 15 2000 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 15, 2000 was properly posted on November 9, 2000. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None • WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS -COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. PROCLAMATION -DECLARING THE WEEK OF NOVEMBER 19-25, 2000 "FAMILY WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Bogosian read the proclamation and presented it to Rabbi Preston representing the Saratoga Ministerial Association. 2 City Council Minutes November 15, 2000 • 1B. COMMENDATION FOR SHEEVA GHASSEMI, YOUTH COMMISSIONER STAFF RECOMMENDATION: Present Commendation. Mayor Bogosian read the proclamation and presented it to Sheeva Ghassemi. 1C PROCLAMATION -DECLARING THE WEEK OF NOVEMBER 17-24, 2000 "FALUN DAFA WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Bogosian read proclamation and presented it to Steve Ispas. Mr. Ispas read a prepared statement thanking the City of Saratoga for the proclamation and gave a brief background explaining the practices of Falun Dafa. 1D. APPOINTMENT OF YOUTH COMMISSION MEMBERS STAFF RECOMMENDATION: Approve Resolution of Appointment and Administer Oath of Office. TITLE OF RESOLUTION: 00-058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING TWO MEMBERS TO THE YOUTH COMMISSION. STREITBAKER MOVED TO ADOPT RESOLUTION APPOINTING NICOLETTE KIRK AND RAMY EL-DIWANY TO THE YOUTH COMMISSION. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to the following newly appointed commissioners: Nicolette Kirk and Ramy El-Diwany. CONSENT CALENDAR 2A. Approve Council Meeting Minutes Regular Meeting -October 18, 2000 STAFF RECOMMENDATION: That Council approve minutes. Mayor Bogosian pulled Item lA from the Consent Calendar. Mayor Bogosian noted on page 2, under Oral Communications, "Cheryl Jensen" should be spelled "Cheriel Jensen". Mayor Bogosian requested on page 14, 4th paragraph, the following be added: City Council Minutes November 15, 2000 • "and provide a report on the pesticides the contractors are using." Councilmember Mehaffey noted on page 3, 2"d paragraph, the culvert Mr. Barry was referring to is not at the cross streets of Fruitvale Avenue and Farwell Avenue. The minutes should indicate the culvert is "near Fruitvale and Farwell Ave". Councilmember Mehaffey noted a few typographical errors and would forward the corrections to the City Clerk. Councilmember Waltonsmith requested on page 7, 1 st paragraph, the following be added; "requests that any ordinances be easy for the Sheriff s Department to enforce." Councilmember Waltonsmith requested on page 14, 5th paragraph, the following be added: "due to continuing upgrades in knowledge of side effects and changing types of pesticides." WALTONSMITH/MEHAFFEY MOVED TO APPROVE MINUTES OF OCTOBER 18.2000 AS AMENDED. MOTION PASSED 5-0. 2B. APPROVAL OF CHECK REGISTER STAFF RECOMMENDATION: That Council approve check register as submitted. STREIT/BAKER MOVED TO NOTE AND FILE CHECK REGISTER. MOTION PASSED 5-0. 2C. FINANCIAL REPORTS FOR THE THREE MONTHS ENDED SEPTEMBER 2000 STAFF RECOMMENDATION: That Council accept the Financial Report. Councilmember Mehaffey pulled Item 2C from the Consent Calendar. Councilmember Mehaffey requested clarification on what the CLEEP program is. Mary Jo Walker, Director of Administrative Services, explained the CLEEP program is money that was put into the State's budget and each City is guaranteed at least $100,000.00 for police technology. It is a one-time grant. MEHAFFEY/STREIT MOVED TO ACCEPT FINANCIAL REPORT. MOTION PASSED 5-0. • 4 City Council Minutes November 15, 2000 2D. REVIEW PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: That Council note and file the minutes. STREIT/BAKER MOVED TO NOTE AND FILE ACTION MINUTES. MOTION PASSED 5-0. 2E. ADOPT RESOLUTION EXPRESSING OFFICIAL INTENT REGARDING CERTAIN CAPITOL EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF THE LIBRARY GENERAL BOND OBLIGATION STAFF RECOMMENDATION: That Council approve resolution for final map. TITLE OF RESOLUTION: 00-059 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA EXPRESSING OFFICIAL INTENT REGARDING CERTAIN CAPITAL EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF THE LIBRARY GENERAL BOND OBLIGATION Mayor Bogosian pulled Item 2E from the Consent Calendar. Mayor Bogosian questioned if the resolution could be challenged sometime in the future, and if so, does this resolution cover the City adequately. Jonathan Wittwer, Assistant City Attorney, responded to Mayor Bogosian explaining that this resolution was recommended by a bond counsel and they are experts in this field. He also noted this is a customary resolution to adopt in this type of situation. Mary Jo Walker, Director of Administrative Services, indicated that the resolution should only come into play if construction begins and the bonds have not been sold. She noted the City anticipates all the bonds will be sold before construction begins. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION EXPRESSING OFFICIAL INTENT. MOTION PASSED 5-0. Mayor Bogosian indicated the VTA has requested the opportunity to be heard before the public hearings begin. Consensus of the City Council to allow the VTA to present the VTP 2020 Transportation Plan before the start of the Public Hearings. r~ 5 City Council Minutes OLD BUSINESS November 15, 2000 6. PRESENTATION -VALLEY TRANSPORTATION PLAN 2020 Informational only. STAFF RECOMMENDATION: Informational only. Carolyn Gonot, Manager/Congestion Management Program presented report. Ms. Gonot explained to the City Council that the Valley Transportation Plan 2020 has approximately $2 billion dollars in the budget, which increased since the passage of the %2 cent sales tax on November 7, 2000. The Plan provides policies and programs for roadways, transit, intelligent transportation systems, bicycle and pedestrian facilities, and land use. Ms. Gonot indicated VTP 2020 would also provide funding for local street and roadway projects and pavement management programs. Mayor Bogosian thanked Ms. Gonot for her presentation. PUBLIC HEARINGS • 3. APPEAL OF PLANNING COMMISSION APPROVAL OF A TENTATIVE MAP FOR THE SUBDIVISION LOCATED AT 20251 SARATOGA -LOS GATOS ROAD STAFF RECOMMENDATION: Deny the appeal and uphold the Planning Commission's decision. James Walgren, Director of Community Development, presented staff report. Director Walgren explained the project neighbors Lester and Helen Lee are appealing the Planning Commission's approval of a Tentative Map to subdivide a 3.7-acre parcel into five separate parcels ranging in size from 21,100 square feet to 46,530 square feet. The subject property is located on the southeast side of Carnelian Glen Court at the corner of Saratoga-Los Gatos Road. Director Walgren pointed out that the project has been through the entire design review process and all recommendations have either been incorporated into the plans or are included as conditions of approval. Director Walgren explained public hearings were held before the Planning Commission on August 9 and September 27, 2000 to evaluate the proposal and receive public • comment. The Planning Commission conditionally approved the Tentative Map on September 27, 2000. Director Walgren noted the existing main residence on the property will remain on the 6 City Council Minutes November 15, 2000 newly created Lot 3 and has been designated by the Heritage Preservation Commission as "historical". Director Walgren reported the Lees are appealing the approval because the location of the flag lot driveway serving Lot 4 across from their home will reduce the value of their property. Director Walgren noted staff is recommending that Council support the Planning Commission decision. Director Walgren informed the Council that Chuck Page, Planning Commission Chair, was present tonight to answer any questions they might have. Councilmember Waltonsmith reported she visited the property and questioned if the flag lot driveway was ever considered going another direction in order to preserve the existing Japanese garden. Councilmember Streit questioned if the developers have considered reducing the parcels down to three lots instead of five, he feels the plan has too many lots and destroys the integrity of the original building. Director Walgren responded indicating the Developers have looked at other alternatives but nothing worked well enough to pursue. Mayor Bogosian directed a question to Commissioner Page asking him if it was the sense of the Planning Commission that there was adequate clearance from the driveway to the building in regards to the flag lot. Chuck Page/Planning Commission Chair explained the Planning Commission did explore the opportunity of having a shared driveway or have Lots 3 & 4 have a single driveway, but the Commissions came to the conclusion that there were no findings. Mayor Bogosian opened the public hearing at 7:43 p.m. and invited any public comments. Lester Lee, 14653 Carnelian Glen Court, pointed out that he has lived on Carnelian Glen Court for 17 years. Mr. Lee noted the driveway for the flag lot points directly into his house. He is opposed to the flag lot for security and privacy issues. Mr. Lee indicated the developers are proposing a driveway that is not safe. Helen Lee, 14653 Carnelian Glen Court, noted the driveway for the flag lot infringes on her Chinese beliefs. Mrs. Lee reported they would have all three driveways pointing directly at their house. Mrs. Lee noted she has no objections to the development if the developers are willing to work with her to solve her issues. • Gregory HowelUDeveloper, 125 Glenridge Drive, Los Gatos, explained that he has met with all the neighbors around the property who would meet with him, spoke before the 7 City Council Minutes November 15, 2000 • Planning Commission twice, and has all the approval of the various utility companies and City Commissions. In regards to the driveway for the flag lot, Mr. Howell noted that there is an existing driveway that is partially paved and the paving will just continue down to the street. Mayor Bogosian asked Mr. Howell if he had spoken to the neighbors prior to the development review process. Mr. Howell reported that a month before the project went before the Planning Commission, he held an open house at the existing residence and invited the neighbors. He indicated all of the neighbors have written letters of support for this project except for the Lees. Councilmember Streit questioned if the Lee's concerns have been addressed and if cutting back the number of purposed lots has been considered. Councilmember Streit commented that the Lee's have three driveways facing their property. Mr. Howell noted that he has suggested various solutions to the concerns Mr. & Mrs. Lee have, but they have refused all of the suggestions. . Councilmember Baker noted that the more lots the developers subdivide, the more financial gain they will have. Mr. Howell explained the current house was built in 1953 and, in most cities, historic designation is applied to homes built in the 1940's. Mr. Howell noted that he and Mr. McNeil have offered the City to designate the current house as historic. He felt it was a compromise with the existing neighbors to keep the original house. Mr. Howell explained that in the past, developers have wanted to knock down the original house and build up to seven new houses with no variances. Councilmember Baker noted the original house is beautiful until it is chopped up into five separate parcels. Mr. Howell responded that a person has already made an offer on the house. He also noted that they would only be taking out 2 out of the 200 trees. Councilmember Mehaffey asked if lot 4 and lot 3 could share a driveway. Mr. Howell noted it was considered but the Fire Department denied a shared driveway • due to safety factors. Mayor Bogosian asked if anyone else wanted to speak on this matter, and, that both the 8 City Council Minutes November 15, 2000 • appellant and applicant had five minutes for any last comments. Mrs. Lee commented she regrets not hiring an attorney to represent her family. Mrs. Lee explained her only complaint is the driveway that faces her house. Besides this issue, she supports the project. She urged the Council to recommend that the developers change the flag lot's driveway. Mr. Howell explained that he has met with Mr. and Mrs. Lee and understands their position; he has tried to accommodate their concerns to their satisfaction but has been unsuccessful. Mayor Bogosian closed the public hearing at 8:21 p.m. Councilmember Waltonsmith recommended Mr. & Mrs. Lee's cultural differences should be kept in mind and the driveway on the flag lot should be redirected. Councilmember Waltonsmith noted the original estate should be given a wider lot to preserve as much of it as possible. Councilmember Streit expressed his appreciation of the work the Planning Commission and Howell & McNeil has done but noted the Council's job is to maintain the character of our already existing neighborhoods. • Councilmember Streit noted he does not agree with all three driveways pointing to the Lee's house. He suggested moving the driveway of Lot 4 in either direction to avoid the Lee's house. Councilmember Streit stated the Lee's quality of life should not be jeopardized. Councilmember Mehaffey concurred with Councilmember Streit and cannot support the plan as it is and is against placing the flag lot on the north side of the property. He noted that if removal of one tree would decrease the impact on the Lee's property, he would not object. Mayor Bogosian noted he would like to see the plan resubmitted so there is less impact on the Lee's property. Councilmember Baker noted he is against the entire project. He feels the Developer has done an inadequate job in preserving the existing estate and does not approve of Lot 4. The flag lot destroys the esthetics of the neighborhood. Also, he believes there are ways to mitigate the Lee's concerns. Councilmember Baker concurred with the idea of moving the driveway of Lot 4 so that it eliminates the impact on the Lee's property. He would like to see the plan • resubmitted. 9 City Council Minutes November 15, 2000 • Jonathan Witter, City Attorney, recommended reopening the public hearing on a specific date, if the Developers do not object. Mr. Witter noted that reopening the hearing would not mandate a mailed notice. Tim McNeiUDeveloper, agreed to reopen the public hearing only if it is to be addressed at the next scheduled meeting. Mayor Bogosian noted the next scheduled meeting is on December 12, 2000. BAKER/MEHAFFEY MOVE TO REOPEN THE PUBLIC HEARING FOR THE PROPERTY LOCATED AT 20251 SARATOGA -LOS GATOS ROAD. MOTION PASSED 5-0. BAKER/WALTONSMITH MOVED TO REOPEN THE PUBLIC HEARING ON DECEMBER 12, 2000. MOTION PASSED 5-0. Mayor Bogosai declared aten-minute recess at 8:55 p.m. Mayor Bogosian reconvened the meeting at 9:04 p.m. 4. CIRCULATION ELEMENT & SCENIC HIGHWAY ELEMENT . STAFF RECOMMENDATION: Approve Circulation Element & Scenic Highway Element. James Walgren, Director of Community Development, presented staff report. Director Walgren noted this was a continued public hearing from September 20 and October 8, 2000. Director Walgren explained at the October 8, 2000 City Council meeting that trail advocate, Teri Baron expressed her concerns regarding the Circulation Element & Scenic Highway Element. The results from her comments postponed the adoption of the Element in order to respond to her comments and concerns. Director Walgren indicated Ms. Baron's comments and concerns were referred to the Parks and Recreation Commission and the Commission addressed each issue Ms. Baron brought up. In regards to the Council's concern regarding interchanges mentioned in the background report, Director Walgren explained the background report in the Element is useful but not critical, and can be deleted if the Council chooses to do so. Director Walgren noted Sohrab Rashid, Project Manager/Fehr and Peers and Associate, • was present and available for any questions the City Council may have. 10 City Council Minutes November 15, 2000 S Councilmember Mehaffey noted a final version of the Element was not provided to the Library two weeks before the public hearing, per the instructions of the Council at the October 8, 2000 meeting. BAKER/MEHAFFEY MOVED TO CLOSE THE PUBLIC HEARING AND CONTINUE IT ON DECEMBER 12, 2000. MOTION PASSED 5-0. Councilmember Baker indicated he feels that without the background report in the Element, the document is not complete. Councilmember Baker noted the background report does not invite the issue of adding more interchanges in Saratoga. Councilmember Streit concurred with Councilmember Baker. Councilmember Waltonsmith disagreed with Councilmember Streit and Councilmember Baker. She believes the background report should still be deleted from the Element, but perhaps rewording the section on interchanges, making it clear that any new interchanges would have to go before a vote of the people. Mayor Bogosian supports the additional language regarding interchanges proposed by Councilmember Waltonsmith. Councilmember Mehaffey would like to see the background section kept in the Element for historical value and would support Councilmember Waltonsmith's additional language in regards to interchanges. Councilmember Mehaffey suggested Ms. Baron be invited to look at the final version of the Element, and that the Library must have a copy at least two weeks before the next public hearing. Councilmember Baker indicated he does not want to keep continuing this hearing and made a public announcement noting if anyone viewing tonight has any comments or concerns, December 12, 2000 would be their last chance for public comments. STREIT/WALTONSMITH MOVED TO CONTINUE THE CIRCULATION & SCENIC HIGHWAY ELEMENT TO DECEMBER 12, 2000. MOTION PASSED 5-0. • 11 City Council Minutes November 15, 2000 5. CONSTRUCTION HOURS -AMENDMENT TO THE NOISE ORDINANCE. STAFF RECOMMENDATION: Adopt ordinance. James Walgren, Director of Community Development, presented staff report. Director Walgren noted this public hearing was continued from October 18, 2000. Mr. Walgren explained the amended draft ordinance would not allow residential home additions of up to fifty percent of the existing structure's square footage to occur on Sunday's and holidays. Also, the draft ordinance contains a clear definition of the difference between residential, commercial, and subdivision construction. Mayor Bogosian opened the public hearing at 9:20 p.m. and invited any public comments. Mike McConnell, 19540 Saratoga-Los Gatos Road, asked the Council to reject the draft ordinance. He noted the City is not constraining noise but rather constraining construction. Mr. McConnell noted a number of small jobs that do require a permit do not infringe on surrounding neighbors' rights. Thereon Shaw, 14720 Oak Street agreed that although some people work all week long and prefer to do construction work on the weekend, other people work all week long and want to relax on the weekends, and construction noise would bother them. James Nix, 19600 Saratoga-Los Gatos Road, expressed his opposition to the draft ordinance. Mayor Bogosian closed the public hearing at 9:35 p.m. Councilmember Mehaffey noted he liked the fact that the requirement of posting of the applicable construction hours on the construction site was included in the ordinance, but requested the word "conspicuously" be added to that section. Councilmember Waltonsmith agreed with the three members from the public who spoke. She stated that different people have different uses of their time and this ordinance needs to balance the needs of everyone. Although she supports this ordinance, she hopes that neighbors will communicate better so that involving the Sheriff s Department can be avoided. Councilmember Baker noted he supports the ordinance. STREIT/WALTONSMITH MOVED TO ADOPT AN ORDINANCE AMENDING THE NOISE STANDARDS FOR CONSTRUCTION ACTIVITIES. MOTION PASSED 5-0. OLD BUSINESS 12 City Council Minutes November 15, 2000 7. REPORT ON USE OF INTERIOR PESTICIDES. STAFF RECOMMENDATION: Informational only. John Cherbone, Director of Public Works presented staff report. Director Cherbone explained at the October 18 City Council Meeting, staff was directed to provide information in regards to the types of pesticides that are applied in and around City owned facilities. Director Cherbone noted Robert Kirk, Facility Maintenance Supervisor, supplied him the information to him. Director Cherbone indicated three pesticides with low toxicity are applied as needed for ants and cockroaches. Director Cherbone noted he has received new information via the Internet in regards to a pesticides program the City of San Francisco is implementing. Councilmember Waltonsmith indicated she would be interested in hearing what the City of San Francisco is doing to eliminate the use of pesticides. Councilmember Streit noted, in regards to the Heritage Orchard, that Mr. Novacovich should post the times and dates when he will be using pesticides on the orchard and try to avoid spraying when the sidewalks and surrounding areas are heavily used. Councilmember Streit added that it might be a good idea to publish those spray dates in the Saratoga News so everyone is aware. Mayor Bogosian directed staff to return to Council with the City of San Francisco's Pesticide Management Program report and determine if there is any relevancy to the City of Saratoga. Mayor Bogosian thanked Director Cherbone for the report. NEW BUSINESS URGENCY ITEM APPOINTMENT OF TWO COUNCILMEMBERS TO THE HAKONE FOUNDATION BOARD. STAFF RECOMMENDATION: Appoint two Councilmembers to the Hakone Board. Dave Anderson, City Manager, presented staff report. 13 City Council Minutes November 15, 2000 Mr. Anderson explained on October 18, 2000, the City Council approved an amendment to the Lease Agreement with the Hakone Foundation. In the new governance section of the amended agreement, two members of the Saratoga City Council will now sit on the Hakone Foundation Board. Their next meeting is on November 20, 2000 at 8:00 p.m. Mayor Bogosian noted the Hakone Foundation's meeting conflicts with his meeting of the Library Expansion Committee and in turn is nominating Councilmember Mehaffey. Councilmember Mehaffey accepted nomination. Councilmember Waltonsmith nominated Councilmember Streit as the second representative for the Hakone Foundation Board. Councilmember Streit accepted nomination. BOGOSIAN/MEHAFFEY MOVE TO APPOINT COUNCILMEMBER MEHAFFEY AND COUNCILMEMBER STREIT TO THE HAKONE FOUNDATION BOARD. MOTION PASSED 5-0. 8. AUTHORIZATION TO CITY MANAGER TO EXECUTE AMENDMENT TO CONTRACT WITH GREG ING & ASSOCIATES FOR CONGRESS SPRINGS RENOVATIONS. STAFF RECOMMENDATION: Authorize City Manager to execute contract. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained, as reported previously, that the City's construction budget for Congress Springs Park, $1.2 million, includes for only basic infrastructure such as new turf, irrigation, landscaping, and basic ball field infrastructure. Higher-end amenities and additional infrastructure, including brick backstops, courtyard pavers, batting cages, portable bleachers backstops/fencing, utility building, and scoreboards, are above and beyond what the current budget can support. Director Cherbone noted the estimated additional cost to improve the park with these upgrades and additions is estimated at $640,000.00. Directed Cherbone indicated Staff, the Congress Springs Task Force Committee, and the Parks and Recreation Commission believe that through private donations it may be possible to raise most of the estimated additional funds. Director Cherbone informed the City Council that the recommended vehicle to accomplish the fundraising is a Park Donation Brochure, which will catalog the amenities with color depictions and associated costs. Potential donors would be able to choose a particular amenity and "purchase" it, and in return receive recognition of the donation if desired. • 14 City Council Minutes November 15, 2000 Director Cherbone reported that currently through Saratoga Little League and A.Y.S.O, volunteers are being sought for the establishment of a Saratoga youth sport foundation, which will act as a nonprofit organization for solicitation and acceptance of donations for Congress Springs Park. Director Cherbone indicated that if the City decides to move forward with the design of a higher end project at Congress Springs Park, it would be necessary to increase the existing contract with Greg G. Ing & Associates in an amount not to exceed $40,000.00. The additional design fee corresponds to approximately 6% of the estimated cost of the upgrades. Director Cherbone noted staff recommends the $55,000.00 be spread proportionately to each amenity item and reimbursed to the City through the Saratoga youth sport foundation based upon total donated. Director Cherbone emphasized that if the total costs of upgrades are not realized through donations, the City will not receive the full reimbursement for the additional design work and therefore is a cost to the City. Mayor Bogosian questioned that if no donations are made to the youth foundation then the City would be out $55,000.00. Director Cherbone responded that the City would be at a loss of $55,000.00. Councilmember Mehaffey questioned what a portable restroom was. Director Cherbone explained a portable restroom is a permanent bathroom serviced like a portable restroom. Instead of permanent plumbing it will have a holding tank. Councilmember Streit indicated both the Saratoga Little League and the A.Y.S.O. requested this type of facility. Councilmember Waltonsmith asked if all the user groups at Congress Springs Park were supportive of this Donation Brochure. Director Cherbone responded that all the user groups are very supportive of the donation program. Councilmember Streit noted he is on the Congress Springs Park Task Force Committee and the concept of donating park amenities should not end with Congress Springs Park, but should be continued throughout all the parks in Saratoga. WALTONSMITH/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AMENDED AGREEMENT WITH GREG ING & ASSOCIATES FOR THE PREPARATION OF A DONATION BROCHURE FOR CONGRESS SPRINGS PARK FOR $15,000.00. MOTION PASSED 5-0. 15 City Council Minutes November 15, 2000 . MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT WITH GREG G. ING. & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $40,000.00 FOR ADDITIONAL SCOPE OF SERVICE WORK. MOTION PASSED 5-0. 9. FISCAL YEAR ENDED JUNE 30, 2000 - COMPREHENSIVE ANNUAL FINANCIAL REPORT. STAFF RECOMMENDATION: Accept the fiscal year ended June 30, 2000 report. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker noted the Comprehensive Annual Financial Report (CAFR) of the City of Saratoga for the year ended June 30, 2000, has been prepared and is submitted to the City Council for review and approval. Director Walker explained that applicable federal, state, and local statues, which require that the City of Saratoga issue an annual report on its financial position and activity, and that this report be audited by an independent firm of certified public accountants. The report contains an unqualified opinion, which is the highest level of assurance given. Director Walker explained the CAFR is presented in three sections: introductory, financial, and statistical. Contained in the Introductory Section the CAFR is an excellent summary of the City's economic conditions and outlook as well as a summary of the City's financial information and major initiatives. Director Walker noted that the fund balance for the "General Fund" was $9,085,620.00 and the fund balance for "All Funds" was $13,799,911.00. Director Walker explained two important details came out of this years CAFR: 1. City is in stable financial standings 2. City was managed fiscally conservative Councilmember Baker indicated that he applauded the report. Councilmember Streit thanked Director Walker for doing an excellent job. Director Walker responded credit should be extended to Ray Galindo, Accounting Supervisor, as he managed the complete audit by himself this year. BAKER/MEHAFFEY MOVED TO ACCEPT THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FY YEAR ENDED JUNE 30, 2000. MOTION PASSED 5-0. • 16 City Council Minutes November 15, 2000 10. CONSIDERATION OF AMENDING CONTRACT WITH JOE A GONSALVES & SON TO CONTINUE TO PROVIDE LEGISLATIVE ADVOCACY & GOVERNMENT AFFAIRS SERVICES. STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager presented staff report. Mr. Anderson explained on Apri14, 2000, the City of Saratoga contracted with Gonsalves & Son to provide services in the areas of legislative advocacy and governmental affairs. The City was particularly interested in the passage of SB 1883 and, with the assistance of Gonsalves & Son, it was approved by the State legislature and signed by the Governor in September. The City's experience with this firm has been positive. The firm has been supportive and professional. Mr. Anderson indicated the City ceased the services of the firm, effective November 30, 2000. At the November 1St City Council meeting, Mr. Anderson explained, staff was asked to bring the issue before the City Council for further discussion. Mr. Anderson noted the services provided by Gonsalves & Son specifically for SB1883 were invaluable, and could not have been performed by City Staff. However, the more routine legislative monitoring and analysis services provided by Gonsalves could be accomplished through alternative means such as using the League of California Cities monitoring and analysis services. Mr. Anderson noted before determining the most beneficial route for the City to take regarding legislative monitoring and analysis, the City Council needs to discuss the level of involvement the City wants for the area of legislative advocacy. Mr. Anderson presented four degrees of involvement that could be selected: 1. Staff would monitor and analyze legislation from the League's bulletins and would bring legislation to the City Council for discussion. 2. Staff would monitor and highlight legislation that is of interest to the City and would bring legislation to the City Council for discussion. Staff would then prepare letters of support or opposition for the Mayor's signature. 3. Hire a consultant such as Gonsalves & Son to advocate specific positions. Staff would bring the issue to Council and draft the letters for the Mayor's signature. 4. Hire a consultant to lobby for special purpose legislation that would be of direct benefit to the City. Councilmember Streit suggested at the Mayor/Managers meetings to discuss with the other Cities the possibility of doing level four, and tonight consider doing level 1, 2, or 3, in Saratoga on an ongoing basis. Mayor Bogosian does not support paying Gonsalves & Son $3000.00 for ongoing consulting services. Mayor Bogosain concurred with Councilmember Streit that a 17 City Council Minutes November 15, 2000 discussion should take place at the City Mayors/Managers meeting in January. Councilmember Mehaffey suggested instituting a policy of level two monitoring so the City of Saratoga does not miss any future opportunities. Councilmember Baker noted he is womed that we do not know what state funding is available to us because the City does not know what is happening in Sacramento. His suggestion is to request Gonsalves & Son to write a proposal that would explain what they would provide to the City on an ongoing basis for $3000.000 a month. Mayor Bogosian concurred with Councilmember Baker's suggestion on asking Gonsalves & Son for a proposal. Councilmember Waltonsmith supports having an ongoing consultant and not to burden the staff with monitoring legislature. Mayor Bogosian directed staff to write a letter to Gonsalves & Son requesting a proposal of services they could provide to the City of Saratoga. 11. PATHWAY AND MINOR DRAINAGE IMPROVEMENTS. STAFF RECOMMENDATION: • Authorize City Manager to execute proposals. TITLE OF RESOLUTION: 00-060 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2000/01 BUDGET Dave Anderson, City Manager, presented staff report. Mr. Anderson reported that over the past few months, it has come to the City's attention, via public and staff observation, that various pathway and drainage improvements that are needed at various locations throughout the City. Mr. Anderson indicated the estimated cost of completing these eleven small improvements is $147,500.00. Mr. Anderson explained that there are sufficient funds budgeted in the street maintenance and in C.I.P. No. 0106 for performance of this work. Mr. Anderson reported that the City recently received an unexpected allocation of $224,000.00 from the State in conjunction with AB2928 for street maintenance, so the expenditures for the suggested improvements would not impact the current year's budget for pavement management. BAKER/MEHAFFEY MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE INCREASES TO EXISTING CONTRACTS WITH DURAN & 18 City Council Minutes November 15, 2000 VENABLES, INC AND J.J.R. CONSTRUCTION IN THE AMOUNTS OF 75,000.00 AND $21,500.00. MOTION PASSED 5-0. BAKER/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A TIME AND MATERIAL CONTRACT WITH STEVENS CREEK QUARRY TO PERFORM DRAINAGE IMPROVEMENT WORK IN THE AMOUNT NOT TO EXCEED $51,000.00. MOTION PASSED 5-0. MEHAFFEY/STREIT MOVED TO ADOPT RESOLUTION MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2000/01 BUDGET. MOTION PASSED 5-0. CITY COUNCIL ITEMS Councilmember Baker reported that he spoke with the West Valley Sanitation District today and the full sleeving of the sanitary sewer line at Big Basin/Saratoga-Sunnyvale Road will be completed either today or tomorrow. Councilmember Waltonsmith requested information from the City Attorney on how to establish a nonprofit status to raise funds for the Community & Senior Center. Mayor Bogosian concurred with Councilmember Waltonsmith and directed the City Attorney to • bring a report back to Council at a later date. Councilmember Waltonsmith reported that at the Gardner Park grand opening she noticed the cement in the creek bed was deteriorating. She suggested the Water District be contacted to repair it. Councilmember Waltonsmith also requested a report back on the status of the right-of--way issue on Harleigh Drive. Councilmember Waltonsmith reported she attended the Patrick James grand opening and noted that it is a beautiful store. Mayor Bogosian directed staff to prepare an e-mail password policy. Councilmember Mehaffey requested Committee Reports be placed back on the agendas at least once a month, preferably at the Adjourned Meetings. Councilmember Mehaffey requested for the next meeting that a date matrix be included in the Council's packet for all of the outside agency committees and commissions. • 19 City Council Minutes OTHER None CITY MANAGER'S REPORT None ADJOURNMENT Mayor Bogosian adjourned the meeting at 10:55 p.m. spectfully submitt , a Teen Boyer City Clerk • November 15, 2000 20