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HomeMy WebLinkAbout05-07-2002 City Council Adjourned Agenda Packet n U AGENDA ADJOURNED MEETING/JOINT SESSION SARATOGA CITY COUNCIL SARATOGA BUSINESS DEVELOPMENT COUNCIL FINANCE COMMISSION MAY 7, 2002 CALL MEETING TO ORDER - 6:00 P.M. ANNOUNCEMENT OF CLOSED SESSION ITEMS ADJOURNED TO CLOSED SESSION - 6:05 P.M. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) ADJOURNED MEETING/JOINT SESSION 7:00 P.M. -ADULT CARE CENTER -19655 ALLENDALE AVENUE CALL MEETING TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE ROLL CALL REPORT OF CITY CLERK ON POSTING OF AGENDA (Pursuant to Gov't. Code 54954.2, the agenda for this meeting was properly posted on May 3, 2002) COMMUNICATIONS FROM COMMISSIONS & PUBLIC Oral Communications on Non-Agendized Items Any member of the 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 from discussing or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Communications under Council Direction to Staff. Communications from Boards and Commissions None • Written Communications None Oral Communications -Council Direct-on to Staff Instruction to Staff regarding actions on current Oral Communications. 7:00 P.M. -JOINT MEETING WITH SBDC • 1.. a. Introduction b. Mission Statement c. Committee History d. Overview ofAccomplishments and Future Projects. 7:45 P.M. -ADJOURNMENT TO JOINT MEETING WITH FINANCE COMMISSION 2. a. Introduction b. Mission Statement c. Finance Commission Duties d. Activities Performed e. Activities Planned f. Budget Input g. Summary OLD BUSINESS Saratoga Library Budget Update Recommended action: • Authorize staff to cover additional costs and increase contract related to the Temporary and New Library. 4. Chamber of Commerce Recommendedaction: Accept report and provide direction to Council Subcommittee. CITY COUNCIL ITEMS OTHER CITY MANAGER'S REPORT ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II) u 2 r t • r1 LJ ,:~ ~w,a~ ,^ k y.. .::. .. ~( m `, ,~~, „~,s CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2002 5/11 Council Retreat 5/15 Regular Meeting 6/5 Regular Meeting 6/19 Regular Meeting 6/25 Adjourned Meeting -Saratoga Union School District, Cupertino Union School District; Campbell Union School District, Arts Commission, Chamber of Commerce 7/3 Regular Meeting 7/17 Regular Meeting 8/7 Regular Meeting -City Manager Evaluation 8/21 Summer Recess 9/4 Regular Meeting 9/18 Regular Meeting 10/2 Regular Meeting 10/16 Regular Meeting 11/6 Regular Meeting 11/20 Regular Meeting 12/4 Regular Meeting 12/10 Adjourned Meeting -Council Reorganization 12/18 Regular Meeting **Please note that all meeting start at 7:00 p.m. unless otherwise posted. Regular Meetings are held in the Civic Theater, 13777 Fruitvale Avenue. Adjourned Meetings are held in the AdulYDay Care Center, 19655 Allendale Avenue. 3 - SARATOGA CITY COUNCIL MEETING DATE: May 7, 2002 AGENDA ITEM: ~- ORIGINATING DEPT: City Manager's Office CITY MANAGER:.l~/~~--~~- PREPARED BY: Lorie Tinfow DEPT HEADi~ f' - ~.-~% ~ SUBJECT: Saratoga Library Project Update RECOMMENDED ACTION(S): Authorize an additional charge of $3000 to be paid to Field Paoli for which the City will be reimbursed by Thompson Pacific Construction for redesign costs associated with a material substitution. Authorize an increase to our contract with William Scotsman in the amount of $1750 for the upgrade of commodes at the temporary library for which the Santa Clara County Library will reimburse the City. Authorize staff to expend up to $20,000 for utility trenching, disconnection and reconnection costs associated with the Saratoga Temporary Library resulting from expansion of Sacred Heart School. REPORT SUMMARY: Add Services. The request for $3000 in add services to Field Paoli resulted from a request made by Thompson Pacific (TP) to make a substitution in framing members-the one specified has a much longer lead time than another readily-available. The substitution will require reengineering services through Field Paoli for which TP will reimburse the City. Temporary Library Sacred Heart School initiated construction of new school facilities in December 2001. In January, contractor Blach Construction contacted the City to discuss the impacts of their construction on the operation of the temporary library. The project includes moving all above-ground utilities (PG&E and Pacific Bell) into underground conduit. Both electrical and telephone service will be interrupted. In addition, the poles that cant' the power and telephone services will be displaced by the new building to a location further away from the library connection. A letter from Sacred Heart that explains the need is being drafted and will be forwazded to Council separately. Staff requested a bid for the work from Blach in January; a response was received in April. After negotiating, the final bid is $12,277 for trenching, electrical work and paving. Pacific Bell is billing separately for their work at a cost of $7722.68; this cost is not negotiable. When the temporary library was under construction last summer, there was no indication that the power and telephone lines serving the temporary library would need to be placed underground as part of Sacred Heart's construction. New Information. I_talked with Sacred Heart's representative about keeping the temporary library utilities above ground. They now agree to permit the installation of the two poles that would likely be necessary. I then investigated the cost. The overhead option would require PG&E to set one power pole; our cost for setting. the existing second pole at the time we set up the temporary library was $9,772 plus $2,698 for engineering and project management and $4,461.14 in tax. In addition;. we would have to set a second temporary power pole (which a contractor could take care of), pay an electrician to make the connections and arrange for a generator to power the temporary library for 5- 7days while the work was underway. Further, there would still be cost sharing on some of the trench work that we would be asked to bear. Clearly, the total is not likely to be less than Blach's final bid of $12,277. In addition, the time necessary for PG&E's involvement would significantly interfere with Sacred Heart's construction timeline. The $12,277 plus Pacific Bell's charge of $7722.68 brings the total to $20,000. Williams Scotsman. A second temporary library issue is the change out of the existing toilets for more powerful versions at a cost of $1750. Library staff requested the change and have offered to reimburse the City for the cost. FISCAL IMPACTS: 1. Outlay of $4750 that will be reimbursed by others to the City. 2. Additional expenditure of $20,000 from budgeted contingency funds for unanticipated utility connection costs associated with the Temporary Library. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): None. ALTERNATIVE ACTION(S): None. FOLLOW UP ACTION(S): Staff will proceed with paying for the reimbursed costs and contact with Blach for the utility work. ADVERTISING, NOTICING AND PUBLIC CONTACT: Nothing additional. ATTACHMENTS: Copy of PG&E's cost worksheet urtlell a RULE 13 -TEMPORARY SERVICE Applicant: City of Saratoga ,, ob r 30218309 _ _ 13718 Saratoga Avenue Contnrc:« r Service Location: APpli~nt Saratoga. CA 95070 PGaE A. APPLICAM'S APPLIANCES AHD EQUIPMENT lIBIII Electric c,e~A ~~ ~,ynq 13.1 kw Ra(rfgoraton kw Btu hr Ranges kw - Btu rtv Water Roarer _ 1 .5 kw 8a yhr Dryers kw Bi wir At Carx9tSoning 106 ~,~, g¢ yhr . Moiora(I.argeai~,hp) kw . Other Load: kw BL Utr Receotables 7 kw Btu mr kw 8t>, rt,r Totals: 127.6 kw Btu M Electric Maln Sarv(ca Baling 400 arrnerea Gera Service Dellvary EI«-tricservkwvohage 120/208V Praasura ~ oa7a B. CHARGES: ElasIIi~ ~i 1. hstallation and Rarroval, lass salvage a. ByPGaE - S 9,772.00 S b. ey Appicant S S 2. Other Non-Refundable Charges: S S hspection Foe S S t?thars Meter S 651.00 5 Engineering & Project S S Management S 2 698.00 S 3. CWC7ax(8.1+82xTaxFactorj; S 4,461.14 S 4. Redudfon t4 Charges (Credits): Advance Engineering Deposit S S Others ~ S S S S S Tow charq.a (8.1 + 82 + 8.3 • e.a): S 17,.582.14 S C. REIAIBURSEfi1ENT 1. Tranatarrtwra _ S • S S S S._T D. SUBJECT TO REFUND IP RECLASSIPIED TO PERMANENT: 1. Payment requvad for oermanerrt service based S upon PGEE'a extension rules in affect ai the tirtw Agreertwnt Is aignad. 2. Arnoum subf ect to ratunr f B.1 + B.3 - (8.4 z Tax Factor} • D.1 j S Iau any amount refund under paragraph 10. - f SARATOGA CITY COUNCIL MEETING DATE: May 7, 2002 AGENDA ITEM ORIGINATING DEPT: City Manager CITY MANAGER: ~ ~ -~ PREPARED BY: DEPT. HEAD: SUBJECT: Chamber of Commerce RECOMMENDED ACTION(S): -- Accept report. Provide specific direction to Council Subcommittee. BACKGROUND: On May 1, 2002 Councihnember Bogosian requested that this item be re-agendized to seek specific direction from the City Council as a whole concerning discussion topics addressed at the Apri123`a Council meeting. The Mayor placed the item on the agenda for May 7, 2002. Clear and unambiguous direction from Council members is requested to facilitate discussion between the Council Subcommittee chosen to meet with representatives of the Chamber to develop a draft agreement. Clarification is requested in the following areas: 1) Length of term, 2) Open meetings requirement, 3) Council representation on Chamber Board, and 4) Reporting requirements. On February 12, 2002 the City Council discussed whether to continue the current subsidy to the Chamber of Commerce. At the conclusion of the meeting, direction was given to staff to continue the existing relationship with the Chamber for the time being and to agendize a joint meeting with the Chamber to develop a new operating agreement on May 7, 2002. At the Apri13, 2002 Council meeting, Council directed that a discussion of various options to be included in a draft Chamber agreement be agendized for the April 17, 2002 meeting. Under the Brown Act, the Council must discuss all matters of public policy in open session with the exception of potential litigation, property acquisition or personnel issues. The Council asked Mayor Nick Streit and Council Member Stan Bogosian to investigate the various options that the Council may want to discuss. At their meeting they instructed the staff to prepare a summary outlining various topics the Council might wish to discuss that could form the basis for a new City/Chamber Agreement. These discussion topics are attached as Appendix A to this staff report. The discussion topics addressed several areas of concern that were brought up at the sub- committee meeting. Among them are; 1) Length of term, whether a fixed term agreement would be appropriate or a multi-year phase-out of support; 2) a requirement that, while receiving public funds, the Chamber's meetings be made open to the public;. 3) As a condition of public funding, require City Council representation on the Chamber Board and Executive Committee, and 4) Reporting requirements to account for public funds spent for Chamber activities. Among the topics discussed but discarded was a requirement constraining the Chamber from political activity. It was thought such a requirement might represent an abridgment of the right . to free speech and as such was not included. A chart summarizing various City/Chamber agreements in Santa Clara County, is included as Attachment "B". It compares annual funding received in cash and in kind services, the services provided by the Chamber in return, the contract term and reporting requirements. Staff was asked how a funding condition requiring that the Chamber Board include a member of the City Council might affect Chamber operations. Such a requirement would make the Chamber subject to the Brown Act. Sections 54952(c)(2) of the Act, define a "legislative body" covered under the Act as one which "Receives funds from a local agency and the membership of whose governing body includes a member of the legislative body of the local agency appointed to that governing body by the legislative body of the local agency". If there was a requirement that a Council member be included on the Chamber Board, the Chamber of Commerce would be required to comply with the open meetings requirements of the Brown Act, including posting of agendas in advance, and conducting business meetings in a manner that would make them open to the public. This language was written into the contract between the Hakone Foundation and the City. Hakone has subsequently found Brown Act compliance to be inconsequential to the conduct of its meetings. FISCAL IMPACTS: Undetermined. CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION(S): N/A ALTERNATIVE ACTION(S): N/A FOLLOW UP ACTION(S): Develop draft City/Chamber agreement containing provisions as directed by the City Council. ADVERTISING, NOTICING AND PUBLIC CONTACT: N/A C~ ATTACHMENTS: Attachment A: Points to be included in Chamber of Commerce Agreement Attachment B: Chamber Table -Saratoga, Campbell, Los Gatos, Morgan Hill <,. i y CITY of SARATOGA -CHAMBER of COMMERCE AGREEMENT __ DISCUSSION TOPICS 1. Term -Fixed term: Should the City and Chamber agree to a fixed term duration of agreement? If so, with or without optional renewals? This would be appropriate if the contract is structured strictly as a fee for service agreement. „ Phase-ont of City participation: Should the City and the Chamber agree that by the end of 36 months from the date the agreement is signed, the Chamber will be completely self-supporting? Should the total amount of City contribution to the Chamber (to be determined by Council) include both in- kind and cash? The dollar value of the in-kind contribution could be determined from comparables in the Village, and will be updated on a yearly basis. Should support for Celebrate Sara[oga be negotiated separately? Should there be a cap on Celebrate costs? 2. Conduct of Chamber Meetings: Should the City condition contributions from the City, on a requirement that all Chamber meetings (including Executive Committee) be open to the public, with the exception of items involving litigation, property acquisition or personnel actions? Should the agreement require that all Chamber meetings be publicly noticed, and conducted in a place accessible to the public? Representation on Chamber Executive Committee: Should the agreement require that the Mayor be a member of the Executive Committee and a Council Member would be appointed to the Board in which both would have . full voting rights? 4. Performance Criteria: Should the agreement require that the Chamber (1) sponsor Celebrate Saratoga, and (2) shall apply the dollar value of City contributions to increase business activity in Saratoga? Should the agreement require that as a measure of its performance, the Chamber submit an annual report containing statistics reflecting activities pertaining to the following: o Tourism and information services, calls, a-mails and brochures o Printing and distribution of City maps o General City information and referral services o Cooperation in the area of economic development and attendance and participation in SBDC Attachment A Saratoga-:- - Campbell _ ; ~ Los GatQS ,• °Morgan Hill Chamber~~~ ~._ ~s Chamber ~~~` .~,~,~Chamtier~-,~~~~, ;:;;,;Chamber...-: Services Provided: Services Provided: Services Provided: Services Provided: • Community • Community Dtrectory • 32 Hours Per wk. Business Directory Maps Visitor Info Amaction • Map • Recreational Facility • Maintain Town • Business • Community Events Info. Website (Gov. Info. Retention Celebrate Sazatoga, • Community Events Included) • Host Broker Crab Feed, Citizen • Hotel • Town Maps Meetings of the Year, Accommodations • Advertising • Developers Business Person of • Demographics Campaigns Forum the Year • Relocation Packets • Town Brochures • Business • Referrals . Business Start-Up • Town Calendaz Incubators • B-2-B Networking Iuts • Leadership Los • Trade Show opportunities - . Tourism & Visitor Gatos* Participation mixers Information • Quarterly • Business Assistance Business Forum • Newsletter ~ • Newsletter • Tourism & Visitor • Brochures Information • Tourism City Provides: City Provides: City Provides: City Provides: Cash: $3,000 Cash: $10,000 Cash: _ $100,527.00 Cash: $90,000 In-kind: $33,800 In-kind: N/A In-kind: N/A In-kind: N/A Contract Leneth: Contract Len¢th: Contract Leneth: Contract Leneth: None at this time Yeazly Renewal Yearly Renewal Yearly Renewal Can be canceled at any Can be canceled at any with a (30) day Mime (30) day notice time (30) required notice .clause as done in the to fix problem, if not other two cities remedy -contract canceled a City pays for services rovided thus far Accountability Factor: Accountability Factor: Accountability Factor: Accountability Factor None at this time Must provide logs of all Must complete all calls, emails, and faxes - projects by the end of the None at this time for a reporting mechanism yeazly contract LJ Attachment B