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HomeMy WebLinkAbout02-06-2002 City Council MinutesMINi1TES SARATOGA CITY COUNCIL FEBRUARY 6, 2002 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 6:00 p.m. to interview applicants for the Arts Commission and the Public Safety 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 Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(x)) City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Initiation of litigation (Gov't Code Section 54956.9(c): (1 potential case) MAYOR'S REPORT ON CLOSED SESSION - 7:00 a.m. Mayor Streit reported there was Council discussion but no action was taken. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Daue Anderson, City Manager, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, John Mehaffey Ann Waltonsmith, Vice Mayor Evan Baker, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works Danielle Surdin, Economic Development Coordinator City Council Minutes 1 February 6, 2002 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 6, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 6, 2002 was properly posted on Februazy 1, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting Robert Lee, 13864 Yerba Santa, noted that he has lived in Sazatoga since 1975 and has lived at his present address since 1999. Mr. Lee noted that he contacted Valley Transportation Authority (VTA) six months ago to inquire about the restrooms that aze being constructed on the corner of Allendale and Fruitvale Avenue. Mr. Lee stated that he has yet to get a response from VTA. Mr. Lee noted that he also requested from the VTA a copy of the EIR and did not get a response. Mr. Lee asked that the City contact the VTA and request that they put this project on hold. COMMUNICATIONS FROM BOARDS AND COMMISSIONS Vice Mayor Baker noted that on behalf of the Solid Waste Management Authority JPA he would like to present a commendation to Mayor Nick Streit for representing the City of Sazatoga on the JPA since December 1998. City Clerk Boyer read the commendation from the JPA and presented it to Mayor Streit WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Mehaffey suggested that staff contact the VTA and request project information. Mayor Streit responded that he recently sent a letter to VTA requesting them to put a hold on the construction project and respond to the City's concerns. City Manager Anderson noted that staff would contact VTA and report back to Council and Mr. Lee. CEREMONIAL ITEMS None City Council Minutes 2 February 6, 2002 CONSENT CALENDAR lA. APPROVE COUNCIL MEETING MINUTES REGULAR MEETING -DECEMBER 5, 2001 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that Item IA be pulled from the Consent Calendar. Councilmember Bogosian pointed the following corrections: • Page 2, 3`d paragraph, should read, "Ms. Hunter noted that if it's the height that is the problem she has an anonvmous donor who is willing to pay to have the tree lowered". • Page 16, 1~` paragraph, should read, "Councilmember Bogosian asked Ms. Mahrer if her neighbors would support a change in the zoning code to allow duplexes in her neighborhood". • Page 18, 2"d paragraph, should read, "Consensus of the City Council to direct staff to ask the state fora 3 month extension in order for. the City to hold more public heazings and to do the required analysis of HCD's comments". BOGOSIAN/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES OF DECEMBER 5, 2001 AS AMENDED. MOTION PASSED 4-0-1 WITH STREIT ABSTAINING. 1B. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -DECEMBER 12, 2002 STAFF RECOMMENDATION: Approve minutes. Councilmember Bogosian requested that Item lA be pulled from the Consent Calendar. Councilmember Bogosian noted that he would be recusing himself from the vote because he was absent for this meeting. Vice Mayor Baker noted that on page 3 should be "south" instead of"north". Councilmember Waltonsmith requested that Item 1B be pulled from the Consent Calendaz. City Council Minutes 3 February 6, 2002 Councilmember Waltonsmith requested that the following be added to her comment "Councilmember Waltonsmith thanked her fellow colleagues for their continued support and noted that she was IookinQ forward to suaportinQ the Mavor's proiects ". BAKER/WALTONSMITH MOVED TO APPROVE COUNCIL MEETING MINUTES OF JANUARY 16, 2002 AS AMENDED. MOTION PASSED 4-0-1 WITH BOGOSIAN ABSTAINING. 1C. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Councilmember Bogosian requested that Item 1 C be pulled from the Consent Calendar. Councilmember Bogosian referred to the line item on page 4, Cupertino Body Shop, and asked what type of bodywork was needed on the City's new car. Director Cherbone responded that the car had damage in the rear quarter panel. Director Cherbone explained that it was involved in an unavoidable accident at Congress Springs Park. Councilmember Bogosian requested a report on the details surrounding the accident. Councilmember Bogosian referred to the line item on page 8, Husbands & Associates and questioned the cost of a drinking fountain. Director Cherbone noted that three fountains were purchased for $5,380.20 for El Quito Park. BOGOSIAN/Iv1EHAFFEY MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 1D. REVIEW PLANNING COMMISSION ACTION MINUTES - JANUARY 9, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITHBAKER MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. City Council Minutes 4 Febmary 6, 2002 lE. SARATOGA LIBRARY EXPANSION PROJECT PHASE II-SPECIAL INSPECTION SERVICES LII3RARY STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Mehaffey requested that Item lE be pulled from the Consent Calendar. Councilmember Mehaffey asked if this expenditure was in the original library budget. Assistant Manager Tinfow responded yes. WALTONSMITI-I/MEHAFFEY MOVED TO AUTHORIZE EXECUTION OF CONTRACT FOR SPECIAL INSPECTION SERVICES. MOTION PASSED 5-0. 1F. ANNUAL REVIEW OF THE CITY OF SARATOGA INVESTMENT POLICY STAFF RECOMMENDATION: Approve policy. WALTONSMITH/BAKER MOVED TO APPROVE THE SARATOGA INVESTMENT POLICY. MOTION PASSED 5-0. 1G. AMENDMENT TO THE NON-MANAGEMENT SALARY SCHEDULES THAT REFLECT CORRECTIONS TO THE RECREATION PROGRAM COORDINATOR AND RECREATION SUPERVISOR POSITION RANGES STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 85.9-134 RESOLUTION OF THE CITY COUNCIL AMENDING RESOLUTION NO. 01-008 MAKING APPROPRIATE ADJUSTMENTS TO THE FISCAL YEAR 2000/2001 BUDGET AND RESOLUTION 85.9-132 AMENDING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SARATOGA EMPLOYEES ASSOCIATION, FURTHER AMENDING RESOLUTION NO. 85-9 AS AMENDED, ADJUSTING SALARIES AND BENEFITS FOR NON-MANAGEMENT EMPLOYEES WALTONSMITH/BAKERMQVED TO APPROVE RESOLUTION AMENDING RESOLUTION 01-008. MOTION PASSED 5-0. City Council Minutes 5 February 6, 2002 1H. KSAR -EMERGENCY OPERATIONS EQUIPMENT/RELEASE OF OBLIGATION STAFF RECOMMENDATION: Release obligation. Councilmember Bogosian requested that Item 1H be pulled from the Consent Calendar. Councilmember Bogosian asked how KSAR fulfilled their obligation. City Manager Anderson responded that KSAR bought a laptop computer, have emergency bulletin board capabilities, and purchased a 100-foot extension cord that can connect the controls in the Theater to the EOC. BOGOSIAN/WALTONSMITH MOVED TO RELEASE OBLIGATION. MOTION PASSED 5-0. l I. MOTOR VEHICLE (MV) RESOLUTION RESTRICTING PARKING ALONG A PORTION OF SHADOW OAKS WAY STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: MV- 235 RESOLUTION RESTRICTING PARKING ON A PORTION OF SHADOW OAKS WAY WALTONSMITH/BAKER MOVED TO ADOPT MOTOR VEHICLE MOTION PASSED 5-0. 1J. AUTHORIZE INCREASE IN WILLIAMS SCOTSMAN INC. CONTINGENCY FUNDS AVAILABLE STAFF RECOMMENDATION: Authorize City Manager to amend contract. Councilmember Bogosian requested that Item IJ be pulled from the Consent Calendar. Councilmember Bogosian noted the PG&E should be responsible for these additional charges. Assistant City Manager Tinfow responded that PG&E indicated that it was the City's responsibility to submit our application in a timely manner. City Council Minutes ( Febmary 6, 2002 Assistant City Manager Tinfow stated that she recently contacted the Government Affairs Director of PG&E and would report back to Council at a future date. WALTONSMITH/MEHAFFEY MOVED TO AMEND CONTRACT WITH WILLIAM SCOTSMAN INC. MOTION PASSED 5-0. 1K. CONGRESS SPRINGS PARK IMPROVEMENTS -DONATION UPDATE STAFF RECOMMENDATION: Adopt resolution and accept proposal. RESOLUTION: 02-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING THE 2001-2002 BUDGET FOR AN APPROPRIATION OF $30,000 CONSTRUCTION SERVICES AT CONGRESS SPRINGS PARK Councilmember Mehaffey requested that Item 1K be pulled from the Consent Calendar. Councilmember Mehaffey asked what Youth Sports Fund purpose was used for. Director Cherbone responded that it was an account the City set up to collect funds from donations given to Congress Springs Pazk. MEHAFFEY/ WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING 2002-2002 BUDGET FOR CONGRESS SPRINGS PARK. MOTION PASSED 5-0. 1L. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1; RESOLUTIONS INITIATING RENEWAL OF THE DISTRICT FOR FY 2002-2003 STAFF RECOMMENDATION: Adopt resolutions. RESOLUTION: 02-006 A RESOLUTION DESCRIBING IMPROVEMENTS AND DIItECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2002- 2003 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 RESOLUTION: 02-007 A RESOLUTION APPOINTING ATTORNEYS FOR FISCAL YEAR 2002- 2003 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-1 City Council Minutes 7 Febmary 6, 2002 Councilmember Bogosian requested that Item 1L be pulled from the Consent Calendar. Councilmember Bogosian asked if there was any anticipated increase in fees. Director Cherbone responded that he does not foresee any increase although he will know for sure after he receives the Engineer's Report. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENT AND DIItECTING PREPARATION OF THE ENGINEERS' REPORT. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING ATTORNEYS FOR LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT LLA-I. MOTION PASSED 5-0. PUBLIC HEARINGS None OLD BUSINESS 2. WEST VALLEY COLLEGE USE PERMIT STATUS REPORT STAFF RECOMMENDATION: Informational only. Richard Taylor, City Attorney, presented staff report City Attorney Taylor reported that at the City Council meeting of January 16, 2002 a member of the public requested an update on the history and status of West Valley College use permit and related litigation. The City Council directed staff to prepare a report on those issues. City Attorney Taylor explained that the report first provides background on the issuance and administration of the West Valley College use permit and then a discussion of the ongoing litigation. City Attorney Taylor explained the West Valley College Use Permit was granted a Use Permit in 1967 one of the key issues that was controversially at that time was whether or not they could have a stadium. The 1967 Use permit prohibited the construction of a stadium at the campus. In the eazly 70's excavation began on campus and an investigation took place and it was determined there were two sets of construction plans -one included a stadium and the other set of plans did not. The City proceeded to revise the College's Use permit more explicitly and made clear that a stadium was prohibited on campus. There were further disputes over what constitutes a "stadium". In 1979 the Use Permit was amended again to say "The District will not develop any new outdoor intercollegiate sports facilities with permanent sound system or permanent seating or permanent lights on the Saratoga City Council Minutes $ February 6, 2002 campus. No sports stadium will be built on the campus. No existing outdoor facility or area of the campus will be modified to include lights, sound, seats or other accommodations for intercollegiate sports or other spectator events." City Attorney Taylor explained that in 1979 the District also agreed to be bound by this amendment regazdless of any further changes to the use permit. The permit stated: • Should any or all of the other provisions of this use permit (other than condition #7) be declared null, void, or invalid, then this section (condition #7) shall remain as a separate binding agreement between the City of Saratoga and West Valley Joint Community College District with regazd to the use of the land on which the Saratoga campus is located. City Attorney Taylor explained that the City adopted these provisions without objection by the District. In the 1990s, the College began hosting spectator- oriented events at the site of the proposed stadium. Between 1996 and 1998, the District formalized its stadium proposal by purporting to act pursuant to Government Code section 53094 to exempt the stadium and the remainder of the West Valley campus from the requirements of the Saratoga City Code. City Attorney Taylor stated that in response to the District's attempt to exempt itself from the City's zoning ordinance and all permits issued pursuant to the zoning ordinance, the City filed suit against the District in 1996. The Superior Court ruled in favor of the District on both issues. The City has appealed and azgument before the Court of Appeals is scheduled for March 5, 2002. City Attorney Taylor stated that the City is of the view that (1) the stadium is a "nonclassroom facility" and is therefore not eligible for the exemption and (2) the District may not adopt a single resolution exempting all uses on campus from the City's zoning ordinance because the statute requires a separate 2/3 vote of the Trustees for each use that the District seeks to exempt from City zoning. The District azgues that the stadium is a classroom facility and that it has the authority to adopt a single resolution exempting all classroom facilities from all City and County regulations. On a final note, City Attorney Taylor stated that the Court of Appeal would consider these legal issues. The City is schedule to appear before the Superior Court on March 5, 2002. The City Council thanked City Attorney Taylor for his report. Mayor Streit requested to move to Item 6. Consensus of the Council to move to Item 6. City Council Minutes 9 February 6, 2002 NEW BUSINESS WEST VALLEY MISSION COLLEGE DISTRICT BOND MEASURE E STAFF RECOMMENDATION: Informational only. Councilmember Bogosian noted that he has been advised by the City Attorney to recuse himself from participating in this item. Richard Taylor, City Attorney, presented staff report City Attorney Taylor explained that at the City Council meeting of January 16, 2002 a member of the public requested that the City review the West Valley- Mission Community College District Bond Measure ("Measure E") that will be considered by the voters at the March 5, 2002 election. The City Council directed staff to obtain information on Measure E and to present that information to the City Council. City Attorney Taylor explained that the measure would authorize issuance of up to $268,653,300 in bonds. Bond funds will be used for a number of specified projects at Mission College and at West Valley College in Saratoga. The bond measure notes that the timing of projects and the allocation of bond monies will depend on the receipt of state matching funds and other factors. The measure would direct the District to appoint a Citizen's Oversight Committee to perform annual audits and ensure that no bond money is used for salaries or administrative expenses. The measure does not specify the composition of the oversight committee. City Attorney Taylor noted that the District has estimated that the annual tax rate necessary to finance repayment of the bonds during fiscal year 2002-03 would be $14.07 per $100,000 of assessed valuation. The District has further noted that this figure is an estimate only and that the actual tax rate will depend on factors such as the timing and manner in which the bonds are issued, the bond market, and the assessed value of property within the District. City Attorney Taylor explained that the City Council has three options available with respect to Measure E: 1. Simply accept this report and take no further action. 2. Take a position in support or opposition to the measure. 3. Direct staff to conduct an additional investigation of the measure and prepare a detailed and objective analysis of the effects of the measure on the City. City Attorney Taylor reminded the City Council that although the City Council may take a position on the measure, the City may not make public expenditures to advocate a position in support of or opposition to the measure. Any information provided by the City to the public regarding the measure must be fair and objective. The courts and the Fair Political Practices Commission have made clear City Council Minutes 10 February 6, 2002 that public agencies may not use taxpayer funds to promote a particular position on a ballot measure. City Attorney Taylor noted that he suggest the Council consider the matter, listen to public testimony and direct staff accordingly. Patty Browder, 13800 Yerba Santa Court, noted that she has lived here for 27 years and West Valley College has always been a good neighbor. Ms. Brawder noted that she supports Measure E. Dr. Marchelle Fox, President/West Valley College, noted that she is speaking as a resident of Saratoga not as the President of West Valley College. Dr. Fox defended the education and enrollment at West Valley College indicating that West Valley College students are guaranteed admission to many private and public universities. Charles Butterfield, 1566 La Pradera Drive, stated that if a stadium were to be built at West Valley College property values would go down due to an increase in noise and traffic. Mr. Butterfield noted that a stadium would be a negative impact on the residents of Saratoga. Rick Rowe, 13615 Ronnie Way, noted that he and his family moved to Saratoga five years ago from Minnesota. Mr. Rowe noted that he agrees that West Valley needs upgrades, but the idea of a $5.5 million dollar allocation for a stadium troubles him. Mr. Rowe noted that he opposes Measure E. Richard Wilson, 12500 Jolene Court, noted that he does not support a stadium at West Valley College. Mr. Wilson noted that the ballot measure was poorly written. Mr. Wilson noted that if the stadium was truly beneficial to the community then it should have been presented in the open not hidden in the ballot measure. Mr. Wilson noted that he opposes Measure E. Ronald Schoengold, 19000 Saratoga Glen Place, noted that he is the President of the Saratoga Woods Homeowners Association representing over 400 families. Mr. Schoengold stated that the Saratoga Woods Association is opposed to any money being spent on a stadium and would vote no on Measure E. Cheriel Jensen, 13737 Quito Road, noted that she is the treasurer for the campaign opposed to Measure E. Mrs. Jensen noted that one out of every nine residents have given a donation to oppose Measure E. Mrs. Jensen noted that 40% of West Valley students are not even Saratoga residents. Mrs. Jensen urged the Council to take a position against measure E. Erna Jackman, 14515 Oak Street, noted that although she does not live near West Valley College, but a stadium would still affect her. Mrs. Jackman noted traffic would increase on Big Basin and Saratoga-Sunnyvale Road. Mrs. Jackman urged the Council to oppose Measure E. City Council Minutes 11 February 6, 2002 Dr. Cynthia Barry, 19281 San Marcos, noted that West Valley College has a long history of going against City policy and City code and then dening ever doing so. Dr. Bazry described such incidents: • Cutting down trees • Polluting the creek • Construction of bathrooms at the new VTA bus station located on the corner of Allendale/Fruitvale Avenue Betty Jo Stewart, 12517 Palmtag Drive, noted that she is opposed to Measure E. I.D. Allen, 14426 Black Walnut Court, noted that he is opposed to Measure E. Willys Peck, 14279 Saratoga Avenue, noted that he is the President of the West Valley Mission College Foundation and a Saratoga resident and taxpayer. Mr. Peck noted the real issues behind the measure is that the West Valley campus is in desperate need of facility improvements. Mr. Peck requested that the Council not lose site of the real issues, but look at the facts. Vic Monia, 14665 Granite Way, noted that he has been fighting against the construction of a stadium for 30 yeazs. Mr. Monia noted that every City Council in Saratoga has opposed a stadium at West Valley College. Mr. Monia requested that the City Council take a position opposing Measure E. Rachel Zierdt, 14345 Maclay Court, noted that she has been a public school teacher for 33 years and has always supported school bonds. Mrs. Zierdt noted that she would be voting no on Measure E. Gene Funari, 20460 Saratoga-Los Gatos Road, noted that she was representing the Saratoga Chamber of Commerce. Ms. Funari noted that the Chamber of Commerce and the Board of Directors support Measure E. Ms. Funari noted that West Valley College is a valuable asset to the community. Ms. Funari urged the Council to support facility improvements that are desperately needed at West Valley College. Councilmember Waltonsmith asked Ms. Funari if the Chamber is officially supporting Measure E. Ms. Funari responded that the Board of Directors took a vote at their last board meeting to support the measure. Sharon Kelkenberg, 14014 Pierce Road, noted that she supports Measure E and stated that thousands of Saratoga residents have attended West Valley College. Ms. Kelkenberg noted that the City should be proud to have a community college in Saratoga. Ms. Kelkenberg noted that in an open letter from the Chancellor of West Valley College, she talked about adding a few bleachers, never mentioning a stadium. Ms. Kellkenberg informed the Council that the League of Women's Voters would be holding a community forum on all of the bond measures Thursday, February 21, 2002 at 7:30 p.m. in the Saratoga Community Center. City Council Minutes 12 February 6, 2002 Councilmember Waltonsmith referred to a list of proposed projects at West Valley College and pointed out to Mrs. Kelkenberg that the bond measure has allocated $5.5 million dollazs for bleachers. Marlene Duffin, 21241 Canyon View Drive, noted that she is a past member of the West Valley Board of Trustees. Ms. Duffin noted that she supports Measure E. Linda Lawson, 14090 Elvira Street, noted that she is an instructor at West Valley College and a Saratoga resident for the past 20 years. Ms. Lawson explained that the College is in need of facility repairs such as new carpet, a new HVAC system, bathroom renovations, and new roofs. Ms. Lawson noted that she supports Measure E. Jim Stallman, 19740 Braemar Drive, urged the Council to oppose Measure E. Mr. Stallman also suggested that the City and West Valley College somehow "bury the hatchet" and resolve the ongoing and past problems the two groups have had. Wendy Weisman, 14147 Squirrel Hollow Lane, noted that she supports Measure E. Ms. Weisman noted that the College is not proposing a new stadium, but just improvements to the existing athletic fields. Jeffery Schwartz, San Marcos Road, noted that he is on the Board of Trustees at West Valley College, but tonight he was speaking as a resident of Saratoga. Mr. Schwartz requested the City Council oppose Measure E. Mr. Schwartz pointed out the results of how West Valley College ranked on the study of education by the State Chancellors Office. Stan Bogosian, 20630 Lomita Avenue, noted that he was speaking as a private citizen and a Saratoga taxpayer. Mr. Bogosian noted that he has spent his whole career in education, teaching grade school to adult education. Mr. Bogosian urged the Council to vote no on Measure E. Mr. Bogosian noted that the City of Saratoga cannot afford more traffic congestion that a large stadium would bring. Kathy Dougherty, 19980 Herriman Avenue, stated that West Valley College needs facility improvements and noted that she supports Measure E. John Feemster, 18800 Ten Acres Road, noted that he is opposed to Measure E. Mazcia Faziss, 18983 Saratoga Glen Place, noted that the West Valley College Boazd is fiscally irresponsible and have communication skills. Ms. Faris noted that the College should have had two sepazate bonds, one for a stadium and the other for facility improvements. Dora Grens, 13451 Old Oak Way, noted that when West Valley was first built in Sazatoga in the 70's, the Superintendent signed a contract that stated they would never build a stadium. City Council Minutes 13 February 6, 2002 Vice Mayor Baker thanked everyone for attending tonight's meeting. Vice Mayor Baker noted that West Valley College made a serious strategic mistake including the athletic stadium in the measure. Vice Mayor Baker noted that he thinks that the College does a good job academically and is an excellent member of the community. Vice Mayor Baker noted that for three years he was part of an Ad Hoc committee formed to work with the College and in that time no progress was made with the Board. Vice Mayor Baker noted that he opposes Measure E. Councilmember Waltonsmith noted that she has always voted in favor of all bond measures for education. Unfortunately, Councilmember Waltonsmith noted that she has several problems with Measure E such as: • How the list of projects was comprised • Financing • Amount of money allocated for West Valley College Councilmember Waltonsmith noted that when Saratoga High School wanted to build in Saratoga it had to come to the City and ask for the Use Permit. The District wanted to build an athletic facility with bleachers. The City allowed them to build including this field in their plans, as long as there were no night games. To this day their night games are played in Los Gatos. Councilmember Waltonsmith noted that she opposes Measure E. Councilmember Mehaffey noted that West Valley College is a tremendous asset to the community. Councilmember Mehaffey noted that he was also a part of the Ad Hoc committee mentioned by Vice Mayor Baker. Councilmember Mehaffey noted that he knows the College needs the money, but as he read the whole measure, there is no mention of a stadium, although there is $5,5 million dollars allocated for sports facility. Councilmember Mehaffey noted that he does not trust the Board and requested staff draft a resolution opposing Measure E. Mayor Streit noted that West Valley College is in need of facility repairs, but in regards to Measure E the Council and the citizens of Saratoga have not been presented with all the facts. Mayor Streit stated that he concurres with his colleagues and opposes Measure E. Consensus of the City Council to direct staff to draft a resolution opposing measure E and return to Council for approval on February 12, 2002. Mayor Streit declared a 10 minutes break at 9:15 p.m. Mayor Streit reconvened the meeting at 9:25 p.m. City Council Minutes 14 February 6, 2002 OLD BUSINESS 3. SARATOGA LIBRARY EXPANSION PROJECT -PHASE II ALTERNATES STAFF RECOMMENDATION: Authorize change orders to contract. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the meeting of January 8, 2002 Council awarded the construction contract for Phase II of the Saratoga Library Project to Thompson Pacific Construction for $8,898,000. At that meeting Council expressed interest in the three alternatives that would result in energy savings once the building is operating. Assistant City Manager noted that staff was here tonight to request authorization to staff to initiate change orders in the amount of $99,000 for the addition of dual pane window alternatives and digital control system for HVAC equipment. Assistant City Manager explained that Gilbane and Field Paoli agree that the dual pane windows and the digital control system are good investments and neither one believe that substituting McQuay units in place of Trane is a good idea, because the initial payback for the initial investment is too long. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE CHANGE ORDERS IN THE AMOUNT OF $99,000 FOR CHANGE ORDERS. MOTION PASSED 5-0. Mayor Streit requested to move to Item 7. Consensus of the Council to move to Item 7. NEW BUSINESS MID YEAR BUDGET AMENDMENTS FOR FY 2001/02 STAFF RECOMMENDATION: Adopt resolution. RESOLUTION: 02-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2001/02 BUDGET Jesse Baloca, Administrative Services Director, presented staff report. Director Baloca explained that the resolution before the City Council proposes adjustments to the mid yeaz Budget for FY 2001-2002. The resolution primarily City Council Minutes 15 February 6, 2002 reflexes three types of changes 1) Fund Balance 2) Revenue Projections 3) Expenditure Estimates. Director Baloca stated that the City remains in a strong fund balance condition. Director Baloca stated that the year started off with a surplus of $2,966,627, of which $1,649,542 was attributed to the General Fund. General fund operations continue favorably with total revenue at 50.5% and expenditures at 48.5%. Although the City has experienced decline in some tax revenues, such as transfer, construction, and transient occupancy, the City has been fortunate to have other revenues as refunds/reimbursements, fines, and donations that offset. Net revenue adjustments to the general fund, $101.771, reflect a reassessment of these revenues. Director Baloca noted that revenues most significant to the general fund's stability include property taxes, sales taxes, and motor vehicle license fees, which make up 58.4% of the budget. The projection for property taxes has increased by $20,605 reflecting a recent formula change on how TEA revenues are distributed to cities. Sales tax reflects an 11 % decline in the first half of the year of activity that has been applied to the year-end projection. Motor vehicle license fees remain as projected. Director Baloca stated that adjustments to the Development Services Fund primarily reflect early revenue spikes in geology review and engineering fees resulting form the Sobrato Project. Community Development revenues such as planning fees and building permits have experienced significant decline in activity. Director Baloca stated that fortunately it's projected building permits and plan check fees from the Odd Fellow project will balance out the decline towards the end of the fiscal year. Director Baloca explained that a general fund adjustment of $71,925 reflects a shortfall in the amount budgeted for the two additional traffic officers approved in the prior mid-year budget. Director Baloca noted that the Streets and Roads fund reflects an expenditure reduction of $3 million reflecting anticipated delays with the Quito Road Bridge, Cox Avenue, El Camino Grande, and Saratoga-Sunnyvale Enhancement Projects. General fund support of $1.5 million will be retained in the general fund until fiscal year end. These projects will be re-appropriated in the CIP budget next fiscal year. Director Baloca noted that the General Fund June 30, 2002 should be $6.5 million and an undesignated Fund Balance of $2.8 million. Vice Mayor Baker noted that is no appropriate to say the whole $2.8 million is undesignated, when in fact $1.4 million of it has been committed to be spend on streets and roads and paving. City Council Minutes ] 6 February 6, 2002 City Manager Anderson stated that mechanically this was done because the City had three or four capital projects imbedded in the operating budget from last year. City Manager Anderson noted that the timing did not work out so the money could not be spent, so the funds were rolled over. City Manager Anderson explained that in order to prevent this form happening again, staff would be taking those projects out of the operating budget and putting them in a CIP fund that is separate from the general operating budget. This will allow the funds to continue at the end of the year until spent or released. Director Baloca noted that this next budget process his goal is to pull all the C1P projects out of the operating budget even the ones that exist now. This will prevent re-appropriating funds at the end of the year. Councilmember Waltonsmith asked why there was an additional $71,00 for the Sheriffls Department. Director Baloca explained the money was allocated for the rest of the fiscal year for salaries and benefits that was originally only budgeted for half a year instead of the entire yeaz. Mayor Streit asked Captain Bacon how the City's budget is doing overall for the year. Dennis Bacon, Captain/SCC Sheriffls Department, responded that the Department is within budget. The City Council thanked Director Baloca for his report. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2001/02 BUDGET. MOTION PASSED 5-0. AB 680 LEGISLATION STAFF RECOMMENDATION: Authorize Mayor to send letter to legislators opposing AB680. Dave Anderson, City Manager presented staff report. City Manager Anderson explained that AB680 is legislation that affects local government in the territory served by the Sacramento Area Council of Regional government. It proposes to redistribute local government's Bradley Burns sales tax and use tax growth on a 1/3 situs, 1/3 per-capita, 1/3 contingent upon the local agency's general plan begin approved by the regional board as it relates to adherence to "smart growth" principals. City Council Minutes 1 ~ February 6, 2002 City Manager Anderson explained that the League of California Cities and the City's legislative consultant, Gonsalves and Son, recommend opposition to this legislation. BOGOSIAN/MEHAFFEY MOVED TO AUTHORIZE THE MAYOR TO SEND A LETTER OPPOSING AB680. MOTION PASSED 5-0. 5. INTRODUCTION GRASSROOTS REPRESENTATIVE REBECCA ELLIOT STAFF RECOMMENDATION: Informational only. Consensus of the City Council to continue Item 5 to February 20, 2002. 8. FY 2001/02 CITY/COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG)CONTRACT STAFF RECOMMENDATION: Authorize City Manager to execute contract. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve explained that Saratoga receives Community Development Block grant (CDBG) funds as a member of the County of Santa Clara Community Development Block grant Joint Powers Authority. As a result, the City is required to execute an annual contract with the County that outlines the obligations and fiscal responsibilities of each party. BAKER/NIEHAFFEY MOVED TO AUTHORIZE EXECUTION OF CONTRACT WITH THE COUNTY OF SANTA CLARA. MOTION PASSED 5-0. 9. APPOINTMENT OF A CITY COUNCILMEMBER AS 2ND ALTERNATE ON THE EXPRESSWAY STUDY POLICY ADVISORY BOARD (PAB) STAFF RECOMMENDATION: Appoint alternate. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer reminded the Council that on December 19, 2002, the Saratoga City Council appointed Councilmember Ann Waltonsmith and Mayor Nick Streit to represent the City of Saratoga on the PAB. City Council Minutes 1 g February 6, 2002 City Clerk Boyer noted that occasionally situations arise when both the appointed Councilmember and the alternate aze not able to attend a meeting. To guarantee the City would be represented at all PAB meetings it would be the appropriate time to appoint a 2"d alternate. The first meeting the 2"d alternate is requested to attend is scheduled for Thursday, May 23, 2002 at 7:30 p.m. MEHAFFEY/BOGOSIAN MOVED TO APPOINT COUNCILMEMBER BAKER AS THE 2ND ALTERNATE TO THE PAB. MOTION PASSED 5-0. AGENCY ASSIGNMENT REPORTS Mayor Streit reported the following information: Hakone Foundation -the Boazd of Director decided to hire a communications director. Vice Mayor Baker reported the following information: Emergency Plannins Council -Continuing to work on integrated coordinated plans in the event of an emergency. West Valley Solid Waste JPA -The City of Saratoga was the only City to bring back recommendations in regards to the renewal of the Curbside Recycling Program with Green Valley. The JPA approved the household batteries recycling program effective June 2002. Councilmember Bogosian reported the following information: Legislative Task Force -Requested direction from his colleagues. Councilmember Bogosian explained that the Legislative Task Force and the Silicon Manufacturing Group have formed a relationship. Councilmember Bogosian reminded the Council that the Manufacturing Group supported the Dunn bill. Councilmember Bogosian asked to what extent does the City want to participate in this Task Force and how he should represent the City. Councilmember Bogosian requested that this issue be agendized for the next City Council meeting. Vice Mayor Baker noted that he would support Councilmember Bogosian's request to agendize the issues surrounding the Legislative Task Force. Councilmember Bogosian continued his report: Silicon Valley Animal Control JPA -Announced that he was elected Chair and the Vice Chair is now Fred Fowler. The JPA is planning on building a shelter in the near future. According to the DMG study it is estimated to cost up to $6.5 million dollars. Sazatoga's shaze is estimated to be up to $520,000. Councilmember Bogosian noted that the JPA is looking at leasing some land in Santa Clara. Councilmember Bogosian noted that the JPA must have the shelter up and running by June 2003. Councilmember Waltonsmith reported the following information: SASCC -Voted to move their annual fundraiser to October. Annual luncheon is scheduled for February 13, 2002. Recently received aping-pong table to help reach out to the Chinese community. The Board also finalized the Executive Directors health benefit package. City Council Minutes ] 9 February 6, 2002 Sister Citv -July 26, 2002 the Japanese exchange students would be at City Hall for the tour and presentation by the Mayor. Councilmember Mehaffey reported the following information: County HCD Policy Advisory Board -noted that the HCD would meet in on February 7`" to go over all of the funding allocations and would hear from grant applications. CITY COUNCIL ITEMS Councilmember Bogosian requested that an agenda item be placed on the next City Council agenda to discuss terminating the Chamber of Commerce lease. Councilmember Waltonsmith noted that she supported Councilmember Bogosian's request. Councilmember Bogosian requested a status report on the contract negations with the County Library. Councilmember Bogosian requested that staff investigate the recent masonry work done at the Madronia Cemetery. Councilmember Waltonsmith noted that she recently received a letter from the Safe Ride Program explaining that they will no longer be providing service because they cannot fulfill their insurance obligations. Waltonsmith requested staff to investigate this issue and report back to Council. OTHER None CITY MANAGER'S REPORT City Manager Anderson noted that the City would be holding a Community Meeting in the Civic Theater on February 26, 2002. Mike Evanhoe/VTA, would be reporting on the Highway 85 Mitigation Report. City Manager Anderson stated that this meeting would be televised. ADJOURNMENT Mayor Streit adjourned the meeting at 11:00 p.m. City Council Minutes 20 February 6, 2002