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HomeMy WebLinkAbout09-18-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL SEPTEMBER 18, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 4:00 n•m• Conference With Legal Counsel -Existing Litigation (4 cases) (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) Name of case: Gen-Con Inc. aka Gen-Con Building Contractors, Debtor (U.S. Bankruptcy Court Case No. 02-53885) Name of case: St. Paul Fire & Marine Insurance v. Gen-Con Inc., City of Saratoga, etal. (U.S. Bankruptcy Court Case No. 02-538885) Conference with Legal Counsel -Initiation of litigation (Gov't Code Section 54956.9(c): (3 potential cases) Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases) The City Council of the City of Saratoga adjourned to Open Session in the Administrative Conference Room at 6:00 p.m. to interview applicants for the Library Commission and Finance Commission. MAYOR'S REPORT ON CLOSER SESSION - 7:00 p.m. Mayor Streit reported that the City Council directed City Attorney Taylor to proceed with initiation of litigation on three cases, which will be disclosed once the cases are filed. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and requested Karen Lorenz, Director/Saratoga Adult Day Center, 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 Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 18, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 18, 2002, was properly posted on September 13, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Bill Breck, 20375 Saratoga-Los Gatos Road, Mr. Breck noted that Mr. Cutler still has not installed protective fences around the protected trees. Mr. Breck stated that ten neighbors that have heritage oaks have been heavily damaged. Mr. Breck sited several violations that he has noticed on Mr. Cutler's property in which the City is not enforcing: 1) Violating UBC 3307, 2) New permits are still being issued to Mr. Cutler, 3) No penalties for cutting down protected trees, 4) Project did not go through the City's Design Review process. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS Mayor Streit announced the following events: • September 21, 2002 "Celebrate Saratoga" Sponsored by the Chamber of Commerce • September 28, 2002 "Art in the Park" Sponsored by the Saratoga Arts Commission SPECIAL PRESENTATIONS 2A. REBECCA ELLIOT, LEAGUE OF CALIFORNIA CITIES/GRASSROOTS NETWORK COORDINATOR -WHISTLE STOP HOUSING TOUR STAFF RECOMMENDATION: Informational only. City Council Minutes 2 September 18, 2002 Rebecca Elliot, League of California Cities/Grass Roots Network Coordinator, invited the City Council to join the Silicon Valley Manufacturing Group's Whistle Stop Housing Tour of the five West Valley cities. Coordinator Elliot noted that the tour was not just for elected officials, but open to anyone who has an interest. CEREMONIAL ITEMS 2A. PROCLAMATION DECLARING THE WEEK OF SEPTEMBER 15-21, 2002 AS "NATIONAL ADULT DAY SERVICES WEEK" STAFF RECOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to Karen Lorenz, Director/Saratoga Adult Day Center. CONSENT CALENDAR 3A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/MEHAFFEYMQVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 3B. FINANCIAL REPORTS FOR THE TWELVE MONTHS ENDED JUNE 2002 STAFF RECOMMENDATION: Accept reports; adopt resolutions TITLE OF RESOLUTION: 02-070 RESOLUTION OF THE CITY OF SARATOGA MAKING APPROPRIATION ADJUSTMENTS TO THE FISCAL YEAR 2001/02 BUDGET TITLE OF RESOLUTION: 02-071 A RESOLUTION OF THE CITY OF SARATOGA AMENDING THE 2002/03 OPERATING BUDGET TO INCLUDE THE CARRYOVER OF AUTHORIZED PURCHASE ORDERS FROM FISCAL YEAR 2001/02 AND NEW ITEMS FOR 1sT QUARTER 2002/03 BOGOSIAN/MEHAFFEY MOVED TO ADOPT RESOLUTION MAHING APPROPRIATION ADJUSTMENTS TO THE FY O1-02. MOTION PASSED 5-0. City Council Minutes 3 September 18, 2002 BOGOSIAN/MEHAFFEYMQVED TO ADOPT RESOLUTION AMENDING THE 02-03 BUDGET TO INCLUDE CARRYOVERS OF AUTHORIZED PURCHASE ORDERS. MOTION PASSED 5-0. 3C. REVIEW PLANNING COMMISSION ACTION MINUTES - SEPTEMBER 11, 2002 STAFF RECOMMENDATION: Note and file. BOGOSIAN/MEHAFFEYMQVED TO APPROVE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 3D. POLICY ADVISORY BOARD FOR THE COMPREHENSIVE COUNTY EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: AUTHORIZE STAFF TO DRAFT LETTER FOR MAYOR'S SIGNATURE. BOGOSIAN/MEHAFFEY MOVED TO AUTHORIZE STAFF TO DRAFT A LETTER TO VTA. MOVED TO MOTION PASSED 5-0. 3E AMENDMENT TO THE CITY MANAGER'S CONTRACT STAFF RECOMMENDATION: Authorize mayor to execute contract. BOGOSIAN/MEHAFFEY MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT TO THE CITY MANAGER'S CONTRACT. MOTION PASSED 5-0. 3F. RESOLUTION REQUESTING THAT GOVERNOR DAMS VETO AB2292 STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-068 RESOLUTION OF THE CITY OF SARATOGA OPPOSING AB 2292 (DUTRA), AND REQUESTING GOVERNOR'S VETO BOGOSIAN/MEHAFFEY MOVED TO ADOPT RESOLUTION OPPOSING AB2292. MOTION PASSED 5-0. 3G. RESOLUTION REQUESTING THAT GOVERNOR DAMS VETO AB1866 STAFF RECOMMENDATION: Adopt resolution. City Council Minutes 4 September 18, 2002 TITLE OF RESOLUTION: 02-069 RESOLUTION OF THE CITY OF SARATOGA REQUESTING THAT GOVERNOR DAVIS VETO AB 1866 BOGOSIAN/MEHAFFEYMQVED TO ADOPT RESOLUTION OPPOSING AB1866. MOTION PASSED 5-0. OLD BUSINESS RECONSIDERATION OF MV-237 -PROHIBITING PARHING ALONG A PORTION OF FARWELL AVENUE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow provided a brief background on this issue stating that a resident that was involved in an accident on Farwell Avenue last fall promoted the Public Safety Commission (PSC) to review the area. After reviewing the site, Assistant City Manager Tinfow noted that the City's traffic engineer recommended no change. Assistant City Manager Tinfow explained that between the time of the first traffic engineer's review and the May PSC meeting, the City hired a new traffic engineer who recommended a "no parking" mechanism along that stretch of Farwell Avenue. City Manager Tinfow noted that in July 2002 the PSC recommended to the City Council that the curb be painted red in front of 19795 Farwell Avenue. Assistant City Manager Tinfow explained that shortly thereafter, Ms. Chang came to the City Manager's office to ask for an explanation. She reported that sometime in May the staff liaison had contacted her to say that the traffic engineer had recommended that no action be taken. As a result Ms. Chang assumed no further attention to the matter was needed. She was extremely surprised and angry that the curb had been painted red, and requested the paint be removed. Councilmember Mehaffey noted that he noticed that the red curb is only red on one side. The side coming from Saratoga-Sunnyvale Road is not painted. Assistant City Manager Tinfow noted that there is no curb on that side. Bridgett Ballingall, Chair/Public Safety Commission, explained that the Commission did consider prohibiting parking on the other side of Farwell Avenue, but decided against because the Commissioners did not want to prohibit more parking on that street. Chair Ballingall noted that the Commission feels strongly that some type of parking prohibitions needs to be in place. Commissioner Ballingall noted that both City Traffic Engineers told the Public Safety Commission that anyone with common sense would not park along this portion of the road. Chair Ballingall noted that the main complaint of the neighbors was that the neighborhood gardeners constantly parked along the road. City Council Minutes 5 September 18, 2002 With this complaint the Public Safety Commission asked the neighbors to tell their gardeners not to park on the road. Vice Mayor Baker noted that the only change along Farwell Road in 30 years is the circular driveway that Mr. Cheng removed. Vice Mayor Baker noted that he objects to the red curb. Vice Mayor Baker noted that he sees no justification to support the red curb in front of this property. Ellis Change, 19795 Farwell Avenue, noted that at one time the City told him that a red curb was not necessary. Mr. Cheng noted that after the accident happened his family never parked along the road again. Mr. Cheng noted that when he first saw the red curb he was shocked. Mr. Cheng noted that the red curb is extremely unattractive. Mr. Cheng thanked Assistant City Manager Tinfow for noticing him of the past two meetings. Mr. Cheng noted that in the past he has never received any notice. Mr. Cheng noted that cut through traffic and speeding is also a problem on his road. Dr. Ronald Rossin, 19740 Farwell, noted that he has lived at this address for 26 years. Mr. Rossi noted that he feels the entire street is dangerous and the main problem is cut-through traffic. Mr. Rosin noted that the red curb in front of the Cheng's house is extremely intrusive. Assistant City Manager Tinfow read a written statement from Ms. Bailey who supports some type of parking prohibition but agrees that the red curd is intrusive. Councilmember Mehaffey noted that speeding is a problem, but speeding is not the topic of discussion this evening. Councilmember Mehaffey suggested undoing the red curb and send this issue back to the Public Safety Commission for reconsideration involving the neighborhood. Councilmember Bogosian stated that he supports sending this issue back to the Public Safety Commission and also suggested that the Sheriff's Department be contacted to do directive enforcement in this neighborhood. Councilmember Waltonsmith noted that she thinks this area clearly needs to be designated as a no parking zone. Councilmember Waltonsmith noted that the removal of the circular driveway added to the problem along this portion of the road by limiting the parking in front of the Chang's property. Vice Mayor Baker suggested considering other alternatives to prohibit parking in front of the Cheng's property. Vice Mayor Baker noted that he supports directive enforcement in this neighborhood to try and control the cut through traffic and speeding. Vice Mayor Baker suggested sending this issue back to the Public Safety Commission not to reverse their decision but ask them to come back with a different designation that isn't so obtrusive to the neighborhood but will alleviate the danger of the blind curb Mayor Streit concurred that this is a hazardous corner, but does not agree with the red curb. Mayor Streit noted that the Cheng's were left out of the process; they never got the opportunity to speak before the Public Safety Commission to discuss City Council Minutes 6 September 18, 2002 alternatives. Mayor Streit noted that he supports sending this back to the Public Safety Commission, remove the red curb, and come up with an alternative that everyone can agree with. Vice Mayor Baker noted that the red curb should not be removed until another alternate solution has been found. Commissioner Ballingall noted that the City's code dictates how red curbs are placed. Some people want red curbs other people tend to prefer no parking signs. Commissioner Ballingall noted that that particular section is currently be rewritten. On behalf of the Public Safety Commission, Commissioner Ballingall apologized to the Cheng's for not being noticed when the Public Safety Commission was discussing their property. Commissioner Ballingall noted that noticing property owners is a normal process and due to staffing problems it obviously did not happened. Councilmember Mehaffey noted he agrees that the red curb should be removed until an alternative has been found. Councilmember Bogosian stated that he feels the legal obligation to leave the red curb until an alternative is found. Mayor Streit noted that three Councilmembers agree that the red curb should stay until the Public Safety Commission finds an alternative. PUBLIC HEARINGS 4. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING ORDINANCE STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt ordinance. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist noted that recent changes have been made to the ordinance and explained that some wording was not clear so the JPA revised the ordinance to read clearer. Analyst Bloomquist explained that on September 4, 2002 the City Council waived the first reading of proposed ordinance and held the first hearing. Subsequently directing staff to hold a second public hearing at their next meeting. Staff was also directed to provide the Council with information regarding any implementation costs to the City as a result of adopting the C & D ordinance and if there are adequate processing facilities to handle additional C & D material volume that will likely result from the adoption of the ordinance. Mayor Streit opened the public hearing at 8:00 p.m. Mayor Streit closed the public hearing at 8:01 p.m. City Council Minutes '7 September 18, 2002 Councilmember Bogosian thanked staff for the Builders Recycling Guide, but noted that a few sites have been closed. Councihnember Bogosian noted that he supports this concept but requested a current recycling guide. BAKER/WALTONSMITH MOVED TO WAIVE THE FIRST READING AND PLACE AMENDED ORDINANCE THE CONSENT CALENDAR FOR ADOPTION. MOTION PASSED 5-0. OLD BUSINESS 6. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report and authorize increased expenditures for library project expenses. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow stated that the Council has released $14.5 million for expenditures on library expenses to date. With 35% of the project remaining, the available balance of $15,232 is clearly not likely to be adequate to meet project needs to completion. Staff is requesting the release of additional funds to provide for a realistic contingency and taking into account the substantial progress of the project. Assistant City Manager Tinfow stated that the City's construction management firm Gilbane Building Company recommends an additional contingency allocation of $282,239. Assistant City Manager Tinfow noted that construction completion date continues to be February 28, 2003, and the new library will open to the public in Spring 2003. Assistant City Manager Tinfow noted that in July 2002, the City learned that Phase I Contractor Gen-Con Inc. declared bankruptcy. Staff is working with a Construction Attorney to respond to legal requirements resulting from the banluptcy proceedings. Currently, approximately $125,000 of Phase I work remains to be completed. Retention funds and the performance bond provided by Gen-Con will cover these costs. Norman Siegler, 20743 Seaton Avenue, noted that he is a member of the Library's Citizen Oversight Commission (COC), but would be speaking as a citizen, not for the Committee. Mr. Siegler requested that he be allowed to read a letter he prepared regarding staff s request for additional funds. Mr. Siegler stated that the document was received subsequent to a COC meeting, so the Committee did not have an opportunity to take a position on the proposal. Mr. Siegler stated that he believes Council should retain complete authority to commit any spending over the $14.5 million and should be deciding how to further control costs. A discussion took place amongst the City Council concerning staff's request for an increase in the Library's budget. City Council Minutes g September 18, 2002 Councihnember Bogosian suggested that the budget be increased $100,000. In regards to the interest income, Councilmember Mehaffey asked how much the City has earned. Assistant City Manager Tinfow responded approximately$300,000. Responding to Assistant City Manager Tinfow, Councilmember Mehaffey stated that he would not want to spend all of the funds, although the interest income does allow the City to be somewhat flexible. Councilmember Mehaffey and Councilmember Waltonsmith concurred with Councilmember Bogosian's suggested budget increase. Vice Mayor Baker stated he would agree to a budget increase of $50,000. In regards to Mr. Seigler's concerns, Mayor Streit stated that Assistant City Manager Tinfow is aware that the Council is not ready to approve any changes for esthetic reasons, they are there for the functionality aspects of the project. BOGOSIAN/ WALTONSMITH MOVED TO AUTHORIZE INCREASE OF $100,000 TO $14.6 MILLION FOR LIBRARY PROJECT. MOTION PASSED 4-1 WITH BAKER OPPOSING. NEW BUSINESS SILICON VALLEY ANIMAL CONTROL AUTHORITY SHELTER CONSTRUCTION APPROPRIATION STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-072 RESOLUTION OF THE CITY OF SARATOGA AMENDING THE 5-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET FOR AN APPROPRIATION OF $710,000 FOR EXPENSES RELATED TO THE CONSTRUCTION OF THE ANIMAL SHELTER THROUGH THE SILICON VALLEY ANIMAL CONTROL AUTHORITY Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that in 1999, changes in animal control prompted Santa Clara County to cease its service delivery. Because the need for such services remained municipalities (including Saratoga) looked for alternatives. Seven municipalities ultimately combined to form Silicon Valley Animal Control Authority (SVACA), a Joint Power Authority representing the following: Saratoga, Los Gatos, Campbell, Santa Clara, Sunnyvale, Monte Sereno, and Cupertino. City Council Minutes 9 September 18, 2002 Assistant City Manager Tinfow noted that animal control and shelter have been coming on-line gradually. SVACA first began to provide animal control services in June 2001 with shelter services provided under contract with the Humane Society but only on a temporary basis. Under the new legal requirements municipalities are required to shelter animals for a longer period than the Human Society's facilities could accommodate. As part of the initial JPA development, a study was performed to determine shelter needs for the seven communities represented. The study was developed into a preliminary building program for a 24,588 square foot facility. A site in Santa Clara has been located and leasing terms have been negotiated, and construction-related activity is ready to begin. Assistant City Manager Tinfow explained that both the annual operating budget and the shelter construction costs are appropriated to each city based on a formula that includes human and animal population estimates. Saratoga's share is 7.99% and makes the City's estimated total contribution $642,066. However, this amount is based on data that has not been conceptualized by an architect and as a result is very rough. Staff recommends an appropriation of $710,000 to cover $642,066 plus a 10% contingency. Assistant City Manager Tinfow noted that no new funding source exists and as a result staff recommends considering reprioritizing the Capital Improvement program (CIP) for possible re-appropriation of funds. Public Works has perforred analysis and identified two options that would provide sufficient funds for the City's share of the new Animal Shelter construction costs with minimal impact. Assistant City Manager Tinfow explained that $500,000 has been reserved for the Hakone Garden Drive Way Improvement Project. This funding could be reduced to $200,000. This would leave $300,000 for re-appropriation. Assistant City Manager Tinfow explained that the remaining $410,000 could be appropriated from the Village Streetscape Improvements, which currently has funding of $850,000. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE 5-YEAR CAPITAL IMPROVEMENT PROGRAM (CIPI BUDGET FOR AN APPROPRIATION OF $710,000 FOR EXPENSES RELATED TO THE CONSTRUCTION OF THE ANIMAL SHELTER THROUGH THE SILICON VALLEY ANIMAL CONTROL AUTHORITY. MOTION PASSED 5-0. 8. AZULE PARK DONATION OPTIONS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. City Council Minutes 10 September 18, 2002 Analyst Bloomquist explained that on August 13, 2002 the Azule Task Force deliberated on donation options for Azule Park. These donations could provide the additional funding needed f or those park amenities not presently included in the project. The Task Force set a fundraising goal of $20,000.00, which would be deposited into the Saratoga Youth Sports Fund and withdrawn as needed. Analyst Bloomquist explained the Task Force's fundraising ideas as follows: • Fundraising "Thermometer" sign at park site • Flyer box at park site with flyers requesting funds • City fundraising letter from mayor distributed to key business and organizations Analyst Bloomquist noted that on September 9, 2002 the Parks and Recreation Commission unanimously supported the fundraising recommendations of the Azule Park Task Force. Consensus of the City Council to direct the Parks and Recreation Commission to proceed with fundraising efforts for Azule Park. Mayor Streit declared a fifreen-minute break at 9:00 p.m. Mayor Streit reconvened the meeting at 9:15 p.m. 9. RESOLUTION INITIATING VACATION PROCEEDINGS FOR GEORGE WHALEN WAY STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-073 RESOLUTION OF THE CITY COUNCIL OF SARATOGA INITIATING PROCEEDINGS TO CONSIDER VACATING GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA- LOS GATOS ROAD Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that at its August 7, 2002 meeting the City Council voted to reconsider the application of the Saratoga Fire Protection District to build a new fire station at 14380 Saratoga Avenue. The revised application includes a request that the City vacate the public right-of--way in George Whalen Way, the alley immediately behind the existing fire station. ("Vacation" means abandoning and terminating the public's right to use the alley.) The Streets and Highways Code establishes procedures for vacating streets such as George Whalen Way. The vacation process is initiated by setting a hearing date to consider the proposed vacation. The attached resolution would set a hearing date of October 16, 2002. (The hearing date must be at least 15 days after the initiation of proceedings.) CiTy Council Minutes 11 September 18, 2002 City Attorney Taylor explained that the Streets and Highways Code establishes noticing procedures to be followed after the hearing date has been set. The notice must contain: (1) a description of the alley to be vacated (including its general location, official name, and the extent to which it will be vacated) and a reference to a map or plan that shows the portion to be vacated; and (2) a statement that the vacation proceeding is being conducted under chapter 3 of the Public Streets, Highways, and Service Easements Vacation Law. Notice of the hearing must be published for at least two successive weeks prior to the hearing. In addition, at least two weeks before the date of the hearing, the City must post conspicuous notices of the proposal to vacate along the line of alley. The notices must be not more than 300 feet apart, and at least three notices must be posted. Finally, within 10 days of initiating the vacation proceedings, the City must give written notice of the proceedings to any public body or public utility that has requested notice. City Attorney Taylor explained that the public hearing is held in accordance with the City's standard procedures. After hearing the evidence presented at the hearing the City Council may vacate the alley if it finds, from all the evidence submitted, that the alley is unnecessary for present or prospective public uses and is not useful as a nonmotorized transportation facility. Because San Jose Water Co. has a pipeline in the alley, the City Council must make a determination as to whether the public convenience and necessity require abandoning the utility easement that is included in the public right-of--way; alternatively the City Council may accept from the vacation any easement and right necessary to maintain, operate, replace, remove, or renew the public utility facilities. In this case the proposed plans would require abandoning the easement. City Attorney Taylor explained that before acting on the proposed vacation, the City Council must receive a report from the Planning Commission on the conformity of the vacation with the City's General Plan. The Planning Commission is scheduled to consider this issue at its meetings of September 25 and October 9. Those meetings will also consider the District's various permit applications and the General Plan conformity of the proposed exchange of the Heritage Plaza property for City parking spaces and pedestrian/bicycle easements. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION INITIATING PROCEEDINGS TO CONSIDER VACATING GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD. MOTION PASSED 5-0. 10. MARKET RATE LEASE OF MCWILLIAMS HOUSE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson reported that the Chamber of Commerce has rented the McWilliams House for the past 25 years. The current lease is covered by an agreement, which expired in 1977. During the recent discussions between the City Council and the Chamber of Commerce Board regarding the renewal of a service agreement, Council articulated in open session that the Chamber needed to meet City Council Minutes 12 September 18, 2002 certain conditions in order to be able to remain in the McWilliams House; 1) the Chamber open its meetings to the public and 2) the Chamber put a Councilmember on its Board and Executive Committee. The Chamber Board responded that they were disinclined to do so and that this would be a violation of their bylaws. City Manager Anderson noted that the Council subsequently appointed an AdHoc Subcommittee consisting of Mayor Streit and Councilmember Bogosian to work with the Chamber to come up with a services agreement. City Manager Anderson noted that during these discussions the Chamber explained to the members of the AdHoc Committee that they had found one or another vacant business downtown in which they could relocate, but would need a use permit in order to occupy the building due to first floor retail requirements of downtown zoning. Additionally, the Chamber has asked for consideration of a market-rate lease on the McWilliams site. The Councilmembers on the AdHoc Committee felt that this was an alternative that merited being brought to the Council's attention. City Manager Anderson explained that the AdHoc Committee members are seeking guidance from the full Council on the viability of entering into negotiations with the Chamber to develop amarket-rate lease of the McWilliams House. If the Council favors the concept, the AdHoc Committee would meet soon after "Celebrate Saratoga" to negotiate terms of such a lease. Councilmember Waltonsmith asked City Manager Anderson if the Chamber proposed to pay full market value for the McWilliams House in order to avoid a Councilmember on their Board of Directors. City Manager Anderson noted that Councilmember Waltonsmith was correct. Vice Mayor Baker noted that he would support ashort-term market rate lease agreement. Consensus of the City Council to direct the AdHoc Committee to continue negations with the Chamber of Commerce for a fee for service agreement and rental agreement. 11. FIVE YEAR (2001-2002) CAPITAL IMPROVEMENT PLAN -FISCAL YEAR 2002/2003 UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone noted that tonight he would: 1. Provide the Council with a status report of current projects 2. Introduce Council to new capital projects for council consideration 3. Provide some funding options for unfounded and/or new projects City Council Minutes 13 September 18, 2002 Director Cherbone explained the status of current projects in the adopted five year CIP. Director Cherbone stated that the adopted CIP contain a total of 45 projects, 32 projects are fully or partially funded and the remaining 13 were unfounded. The total funded amount by an identified source that has been allocated or where a funding source has been identified but has not been allocated is $13,700,605. Director Cherbone explained the breakdown as follows: General Fund Park Development Fund Development Fund Streets Funds Grant Source Other Source Total $4,387,170 $875,000 $120,000 $617,539 $5,644,000 (funds not allocated/identified) $1,400,000 (funds not allocated, but source identified) $304,666 (funds allocated/identified) $13,773,375 Director Cherbone explained that there are 11 new CIP projects for City Council consideration. Director Cherbone explained the following proposed projects as follows: 1. Highway 9 & Saratoga Avenue Right Turn Lane Improvements 2. Oak Sfreet/Highway 9 Pedestrian and Traffic Improvements 3. Fredericksburg Drive Pedestrian Railroad Crossing Improvements 4. Congress Springs Park Pedestrian Railroad Crossing Improvements 5. Kevin Moran Park ADA and Pathway Improvements 6. Congress Springs Park Safety Net Extension 7. Sobey Road/Quito Road Traffic Improvements 8. Prospect Road Erosion Control Improvements 9. Blaney Plaza Improvements -Construction Phase 10. Park Improvements @ Quito/Pollard City Property 1 L Tennis Court Director Cherbone noted that the total cost of the new projects, if approved, is $1,205,000. Director Cherbone explained funding options for unfunded and/or new projects as follows: • Hakone Garden Drive Improvements -reduce funding to $200,000 allowing $300,000 appropriation for the Animal Shelter. • Village Streetscape Improvements -This project is programmed as 50% City and 50 %Caltrans. Due to the fact the negotiations with Caltrans are unknown at this time, postpone City funding until participation by Caltrans is resolved. Therefore $425,000 is available for re-appropriation. 4`h Street Bridge Replacement -has been moved from replacement to rehabilitation so the funding can be reduced from $1,500,000 to $500,000. The cost to the City based on 80% funding for the Highway Bridge Replacement and Rehabilitation Program (HBRR) can be reduced from $300,000 to $100,000. Therefore $200,000 is available for re-appropriation. City Council Minutes 14 September 18, 2002 • El Camino Grande/Monte Vista Storm Drain Project • WHH Attic Improvements -Recently the City applied for a grant for improvements. The City match for this grant is $60,000. Currently the City had funded $125,000 of the estimated $250,000 project cost. The City could reduce the current funding level from $125,000 to $60,000 to match grant requirements. Director Cherbone noted that the total amount of new projects is $1,205,000 and with the reallocation of the above-mentioned projects, gives the City an additional $1.2 million to fund other projects. Director Cherbone noted that Council's earlier action, Animal Control facility decreases this extra funding to $510,000. Director Cherbone explained the CIP process noting that the scheduling over time of public improvements is an essential task of CIP and is based on a series of priorities according to need, desire, importance, and to the City's ability to fund the various projects that make up the CIP. Director Cherbone recommended the following criteria when making choices on project priority: • Public Safety • Beautification • Environmental impact • Importance relative to community needs • Resources available • Operation and Maintenance Costs Director Cherbone noted that once the City Council provides direction on the draft changes to the CIP, staff would submit new projects to the Planning Commission for review of General Plan and environmental approval and then to the Finance Commission for budgetary review. The process will include public hearings and final adoption of the new CIP projects by the City Council. Councilmember Waltonsmith noted that she would like to fund the Prospect Road Erosion Control Improvements Projects. Vice Mayor Baker noted that he supports all of the new projects except the proposed funds for the Park Improvements @ Quito/Pollard City Property. Vice Mayor Baker noted that the City's economic reserve is going to be a necessity in the months to come. Vice Mayor Baker stated that he recommends the following: • Approve the projects into the CIP but wait to fund them • Replenish hillside emergency repair fund in case of a landslide this winter • No new projects be added Mayor Streit agreed with Vice Mayor Baker to approve the proposed projects, but not fund them until after the first of the year when we see what happens with the State. Mayor Streit stated that he has one concern with the netting at Congress Springs Park. Mayor Streit noted that the far end of the park was used for small children whose foul balls would go onto Highway 85. City Council Minutes 15 September 18, 2002 Director Cherbone suggested that this item be removed from the CIP process and brought back as a regular funded item at the next meeting. Consensus of the Council to bring the approval of funding for netting at Congress Springs Park back to Council on November 6, 2002. Councilmember Mehaffey stated that since the City bought a portable skateboard park the $250,000 should be removed from the CIP. Also, Councilmember Mehaffey noted that the Council should consider funding the Highway 9 8c Saratoga Avenue Right Turn Lane Improvements, Kevin Moran Park ADA and Pathway Improvements, Congress Springs Park Safety Net Extension and the Prospect Road Erosion Control Improvements. In regards to the Prospect Road Erosion Control Improvements, Director Cherbone noted that staff is working with the SCC Water District who has jurisdiction in that area. The SCC Water District may not have the funding available, so the City should appropriate the funds, although it might be paid for by District. Councilmember Waltonsmith noted that she would like the Park Improvements @ Quito/Pollard City Property funded. Vice Mayor Baker stated that it is not a designated park, it is property owned by the City. Vice Mayor Baker noted that he opposes funding this project and will never support designating this property as a park. Vice Mayor Baker stated that there is no parking for a park but perfectly suited for a residence. Director Cherbone noted that the PRC would be coming to the next Council meeting to request that this property be designated as a park. Director Cherbone suggested leaving this project in the CIP until after the PRC presents their recommendations to Council. Councilmember Bogosian concurred with Director Cherbone. The City Council thanked Director Cherbone for the report. 12. FELLOWSHIP HALL RENOVATION PROJECT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-074 RESOLUTION OF THE CITY COUNCIL AUTHORIZING A BUDGET AMENDMENT OF $10,100 FOR IMPROVEMENTS AND CONTRACT SERVICES TO BEGIN RENOVATION PROJECT AT FELLOWSHIP HALL Dave Anderson, City Manager, presented staff report. City Council Minutes 16 September 18, 2002 City Manager Anderson reported that on September 4, 2002 the City Council directed staff to move forward with the improvements to the Fellowship Hall at the North Campus to make it building code and ADA compliant. The City's Building Division provided the list of improvements needed before occupancy. City Manager Anderson stated that many of the repairs can be completed in-house, but other services have to be contracted out. City Manager Anderson stated that architectural services needed to provide the necessary specification and drawings for the ADA compliant restrooms and the two new exit doors. City Manager Anderson stated that Warren Heid has submitted a proposal for Council's review. City Manager Anderson stated that $10,100 would be needed to begin work on the Fellowship Hall. BOGOSIAN/MEHAFFEY MOVED TO ADOPT RESOLUTION AUTHORIZING A BUDGET AMENDMENT OF $10,100 FOR IMPROVEMENTS AND CONTRACT SERVICES FOR THE FELLOWSHIP HALL RENOVATION PROJECT. MOTION PASSED 5-0. COMMISSION ASSIGNMENT REPORTS Mayor Streit reported the following: Public Safety Commission -met with Campbell Elementary School District who are getting ready to do major renovation including trying to redo the entire traffic pattern in the neighborhood. Vice Mayor Baker reported the following: Finance Commission -working on clean up and clarify the financial reporting statement Councilmember Waltonsmith reported the following: Arts Commission -September 8, 2002 first "Art in the Park" Councilmember Mehaffey reported the following; Youth Commission -Attended first Youth Commission meeting. Holding their first dance of the year, September 28, 2002. Councilmember Bogosian had no reportable information. CITX COUNCIL ITEMS Councilmember Waltonsmith asked if staff has ever heard back from the Monterey Bay Area Coalition. City Manager Anderson noted that he would check with staff and report back to Council. City Council Minutes 1~ September 18, 2002 OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There b no further business Mayor Streit adjourned the meeting at 10:15 p.m. City Council Minutes 1 g September 18, 2002