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HomeMy WebLinkAbout11-06-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL NOVEMER 6, 2002 The City Council of the City of Sazatoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 4:30 p.m. Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (2 potential cases) Conference With Legal Counsel -Existing Litigation (5 cases) (Governrnent 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: McQueen v. City of Saratoga (WCAB No. SJO 222529) Name of case: Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-811864) Name of case: City of Saratoga v. Hinz (Santa Claza County Superior Court Doc. No. CV-784560) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Mayor Streit reported that the City Council. Mayor Streit called the Regular City Council meeting to order at 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, 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 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR NOVEMBER 6 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of November 6, 2002 was properly posted on October 29, 2002. COMMUNICATIONS ]FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Bert Martel, 14420 Fruitvale Avenue, stated that he recently received a letter from the Chancellor of West Valley College explaining that he received a letter from West Valley Sanitation District that indicated that the soil tested was negative for ecoli. Mr. Martel stated that the District only tested the "drilling mud" even though he requested that all of the substance be tested around the site. Mr. Martel stated that he feels that the District is trying to fool everyone to think that the soil is harmless. Vic Monia, Granite Way, stated that he was present tonight on behalf of Don Whetstone. MR. Monia stated that Mr. Whetstone was unable to attend tonight's meeting and asked him to read a letter he prepared to the Council. The following is a summary of the letter Mr. Monia read to the Council. Mr. Whetstone pointed out that last year the City Council negotiated a Boundary Drop Agreement with Santa Clara County Fire and Saratoga Fire District. Although some of the services improved there are still many deficiencies. Mr. Whetstone suggested that the City consider petitioning LAFCO and hold a referendum on this issue. Mr. Whetstone pointed out that the SCC Fire has built three new fire stations using money out of their general fund. Saratoga Fire District is not prepared to handle major emergencies. Mr. Whetstone pointed out that Saratoga Fire District could not function without the help from SCC Fire. Cheriel Jensen, 13737 Quito Road, thanked Vice Mayor Baker and Councihnember Mehaffey for their service on the City Council the past four years. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Councilmember Waltonsmith requested that the City evaluate the Saratoga Fire District's public safety ability and fire protection ability. Councilmember Waltonsmith suggested that the Council should ask LAFCO to evaluate the District. Councilmember Bogosian noted that he could support Councilmember Waltonsmith's request and added that he would like staff to supply the Council options and processes involved in the LAFCO process. In regards to Mr. Martell's comments, Vice Mayor Baker stated that at the next West Valley Sanitation District Board meeting he would request that staff do adequate testing on the soil. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 17-23, 2002 AS "NATIONAL HOMELESSNESS AND HUNGER AWARENESS WEEK" STAFF RECEMMDATION: Read proclamation. Mayor Streit read the proclamation and directed the City Clerk to mail it to the appropriate person. 1B. PROCLAMATION DECLARING THE WEEK OF NOVEMBER 24-30, 2002 AS "NATIONAL FAMILY WEEK" STAFF REOMMENDATION: Present proclamation. Mayor Streit read the proclamation and presented it to Bishop Bret England of the Mormon Church of Saratoga. Bishop England thanked the City Council for declaring the week of November 24- 30, 2002 "National Family Week". Bishop England introduced members of his church who were present this evening to help him accept the proclamation. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. APPROVE COUNCIL MEETING MINUTES ADJOURNED MEETING -SEPTEMBER 24, 2002 STAFF RECOMMENDATION: Approve minutes. BOGOSIAN/WALTONSMTIH MOVED TO APPROVE MEETING MINUTES OF SEPTEMER 24, 2002. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. BOGOSIAN/WALTONSMTIH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2C. BUDGET MONITORING FOR THE FIRST QUARTER ENDING SEPTEMBER 2002 STAFF RECOMMENDATION: Accept report. BOGOSIAN/WALTONSMTIH MOVED TO ACCEPT BUDGET REPROT FOR THE FIRST QUARTER ENDING SEPTEMBER 2002. MOTION PASSED 5-0. 2D. PLANNING ACTION MINUTES - OCOTBER 23, 2002 STAFF RECOMMENDATION: Note and file. BOGOSIAN/WALTONSMTIH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES FROM OCTOBER 23.2002. MOTION PASSED 5-0. 2E. PROPOSED ORDINANCE TO DESIGNATE AUSTIN WAY A HERITAGE LANE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDIANCE: 213 ORDIANCE DESIGNATING AUSTIN WAY AS A HERITAGE LANE AND MAKING CERTAIN CONFORMING AMENDMENTS BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDINCE DESIGNATING AUSTIN WAY A HERITAGE LANE. Motion passed 5-0. 2F AMENDMENT TO CITY OF SARATOGA MOTOR VEHICLE AND TRAFFIC ORDINANCE STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDINANCE: 214 ORDINANCE AMENDING CHAPTER 9-15-030 OF THE MOTOR VEHICLE AND TRAFFIC CODE REGARDING STOPPING, STANDING AND PARHING BOGOSIAN/WALTONSMITH MOVED TO ADOPT ORDIANCE AMENDIGN THE MOTOR VEHICLE AND TRAFFIC CODE. MOTION PASSED 5-0. 2G FELLOWSHIP HALL RE-ROOF PROJECT -AWARD OF BID STAFF RECOMMENDATION: Move to award bid to lowest bidder; award construction contract; authorize staff to execute change orders to the contract. TITLE OF RESOLUTION: 02-086 RESOLUTION OF THE CITY COUNCIL AUTHORIZING A BUDGET AMENDMENT OF $34,731 FOR FELLOWSHIP HALL RE-ROOF PROJECT BOGOSIAN/WALTONSMITH MOVED TO AWARD SOUTHWEST CNSTRUCION & PROPETY MAMANGEMENT THE LOWEST BIDDER, AWARD CONNTRUCITON CONTRACT, AUTHORIZE CHANGE ORDERS UP TO $4,000, AND ADOPT RESOLUTION. MOTION PASSED 5-0. 2H CIVIC THEATER RE-ROOF PROJECT -AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMNEDATION: Move to award bid to lowest bidder; award construction contract; authorize staff to execute change orders to the contract. Councilmember Bogosian requested that item 2H be pulled from the Consent Calendar. Councilmember Bogosian stated that the original bid was a lot higher then what was being requested this evening. By narrowing the scope of work, which reduced the price, Councilmember Bogosian asked what was negotiated away. Joan Pisani, Recreation Director, responded that only the upper roof would be replaced and explained that the lower portion of the roof was not crucial to replace right a way. BOGOSIAN/WALTONSMITH MOVED TO AWARD WESTERN ROOFING SERVICE THE LOWEST BIDDER. AWARD CONSTUCTION CONTRACT• AUTHORIZE CHANGE ORDERS UP TO $6,625. MOTION PASSED 5-0. 2I AMENDMENT TO 5400 SYSTEM UPGRADE PURCHASE COST STAFF RECOMMENDATION: Authorize the purchase. TITLE OF RESOTLUION: 02-085 RESOLUTION OF THE CITY COUNCIL AMENDING THE 2002-2003 BUDGET FOR AN APPROPRIOATION OF $5,802 FOR THE PURCHASE OF AN UPGRADE FOR THE CITY'S EXISTING AS400 COMPUTER SYSTEM BOGOSIAN/WALTONSMITH MOVED TO APPROVE PURCAHSE AND ADOPT RESOLTUION. MOTION PASSED 5-0. 2J AUTHORIZE MAYOR TO EXECUTE AMENDMENT TO CITY MANAGER'S CONTRACT STAFF RECOMMENDATION: Authorize Mayor to execute amended agreement. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE MAYOR TO EXECUTE AMENDED AGREEMENT WITH THE CITY MANAGER. MOTION PASSED 5-0. 2K. RESOLUTION TO DELEGATE AUTHORITY TO CITY MANAGER TO EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION STAFF RECOMMENDATION: Adopt resolution to authorize City Manager to execute funding agreements. TITLE OF RESOLUTION: 02-081 RESOLUTION OF THE CITY COUNCIL DELEGATING THE CITY MANAGER AUTHORIZATION TO EXECUTE FUNDING AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTAION BOGOSIAN/WALTONSMTIH MOVED TO ADOPT RESOLTUION AUTHORING THE CITY MANAGER AUTHORITY TO EXECUTE FUNDING AGREEMETTS. MOTION PASSED 5-0. PUBLIC HEARINGS 3. APPEAL OF PLANNING COMMISSION DENIAL OF APPLICATION #02-176, (RECONSIDERATION OF DR-O1-006, TUP-Ol-003, AND UP- 01-002 AND RELATED APPLICATIONS) (APN'S 397-22-017, 397-22- 019, 397-22-015, 397-22-012, & 397-22-042) - SARATOGA FIRE DISTRICT, 14380 SARATOGA AVENUE & 20473 SARATOGA-LOS GATOSROAD STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. TITLE OF RESOLTUION: 02-091 RESOLUTION OF THE CITY COUNIL OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPORARY FIRE STATION Richard Taylor, City Attorney, noted that the Council would discuss Items 3, 4 and 6 at one time. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone explained that the applicant is requesting approval of a Conditional Use Permit, Design Review and a Lot Line Adjustment. The Conditional Use Permit is for a new and temporary Fire Station with variations to setback, lot coverage and landscape standards. The existing Fire Station building at 14380 Saratoga Avenue is proposed to be demolished and a temporary facility is proposed at 20473 Saratoga-Los Gatos, the existing Contempo Building Site, during construction of the new Fire Station proposed at the same location as the existing facility at 14380 Saratoga Avenue. Planner Livingstone noted that on July 17, 2002 the City Council made a motion to place Resolution 01-061 on the next agenda for reconsideration before the City Council pursuant to Section 2-10.011 of the City Code that allows Council to reconsider any action at any time. At the August 7, 2002 meeting the Council reconsidered that matter and directed the applicant to submit revised plans to the Planning Commission. At the October 9, 2002 Planning Commission meeting Commissioner Roupe made a motion to approve the project with five additional conditions of approval. The motion was then seconded and a vote taken. The vote was split 3-3, thus denying the project. Planner Livingstone explained that staff feels that the proposed project meets the design criteria stated in Section 15-46.060 based on the following: The project is in character with the neighborhood in that the design of the Fire Station is modeled after a Julian Morgan. The design has been pulled back significantly from the existing location on the corner Saratoga Avenue and Saratoga-Los Gatos Road to reduce bulk and improve sight distance for drivers along that intersection. The design also includes a plaza area that will add a pedestrian element to the corner. The Applicant is proposing a hand troweled finish to the exterior of the building. The quality of the exterior finish with the Mission the roof will make the building blend in with the older buildings nearby. The proposed landscape plan and plaza area will also soften the elevation on Saratoga-Los Gatos Road and act to enhance the entrance to the downtown village area. Planner Livingstone noted that the previous proposed Fire Station plan from 2001 had a maximum height at the tower element of 34"-6" and 33"-11" for the area closest to the Post Office. The existing plan has a maximum height of 29"- 2 at the corner then tapers down as the structure us built into the slope. The building closest to the Post Office site will have a height of 26"-4". In regards to the Conditional Use Permit, Planner Livingstone explained that the applicant is requesting this permit as required in the PA zone for the types of structures proposed and to allow the new and temporary Fire Station structures to be within the required setbacks of the zone district, a variation to the lot coverage and reduce landscaping in the front yard area. Planner Livingstone stated that staff feels that the necessary findings could be made to support the Use Permit as follows: • That the proposed temporary and permanent Fire Station with code variations are in accord with the objectives ofthe Zoning Ordinance and the purpose of the district in which they are located in hat they are conditionally permitted uses that will be replacing the existing Fire Station and will have no significant traffic impacts. The proposed setbacks and landscaping variations will allow the permanent Fire Station to have a 59-foot apron that will avoid safety problems for circulation improvements at the intersection of Saratoga Avenue and Saratoga-Los Gatos Road. Lot coverage variation is necessary to allow several nonconforming lots to be used for one project. • That the proposed Fire Station and the conditions under which they will be operated will not be detrimental to he public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity in that the proposal is continuation of the existing use. The proposed Fire Station would provide adequate parking for the 24 employees that will use this facility. • That the Fire Stations comply with each of the applicable provisions of the Zoning Ordinance in that the location, height, coverage, and use proposed is conditionally permitted in this zoning district per section 15-55.030 and 15-18.030 of the zoning regulations. In regards to the Lot Line Adjustment, Planner Livingstone stated that the applicant is proposing several lot line adjustments to both the Contempo site and the Fire Station properties. The existing Fire Station property will be merged with the City property and the lot line separating the two Contempo lots will be removed to enlarge the parcel that will become parking for the church. Planner Livingstone stated that staff recommends he following findings be made in accordance with the zoning regulations to approve the requested lot adjustments: • The proposed lot line adjustment is consistent with the General Plan in that the lot line adjustment will allow for a larger lot area for the new Fire Station and improve the current parking situation of the involved parties. • The proposed lot line adjustment is consistent with the regulations contained in the Zoning Ordinance and this Chapter in the lot line adjustment is specifically approved by the advisory agency through the granting of a Conditional Use Permit under Chapter 15 of the City Code. • The proposed lot line adjustment will not conflict with easements, acquired by the public at large for access through or use of the subject properties in that the new circulation pattern will provide adequate public access to the site. In regards to site coverage, Planner Livingstone noted hat the proposed project is consistent with the site coverage as required in he Settlement Agreement which allows a total of 30% site coverage for the total gross site which includes the portion of the right-of--way and the existing Contempo site that will be retained by the Fire District. The Settlement Agreement also provides for a variation in site coverage to use multiple lots. Planner Livingstone provided information on parking stating that the Municipal Code requires that the Fire Station have one space for each employee, for a total of 24 spaces. The Fire Station will have 18 parking spaces on site, and will satisfy an additional 6 spaces located off site. In addition to the 18 Fire Station spaces located on the Fire District property, 10 spaces are proposed to be provided for public parking controlled by the City pursuant to an easement or permanent agreement with the District as part of the land transfer with the City. Planner Livingstone explained that during construction of the permanent Fire Station the District will provide 18 spaces on site and will satisfy the remainder of its obligations through an agreement with the Church for the use of six spaces in the Church parking lot. In regards to trees, the City Arborist report dated March 15, 2001 contains recommendations for the protection of existing trees on the site. There are eight Olive trees on the existing Fire Station properly potentially at risk of damage by construction. Only two of the trees are ordinance protected. The applicant proposes to transplant the trees that are able to be transplanted, and replant native specimens to replace the value of any trees lost. All of the Arborist's recommendations have been made conditions of approval in the proposed resolution. During the Planning Commission's meeting, Planner Livingstone stated a number of issues were raised concerning the construction process. In response to these issues and feedback from the neighborhood that applicant has included two additional plan sheets, which outline the construction staging, task sequence, haul routes, plans for demolition, excavation and construction of the proposed project. Planner Livingstone noted that the proposed Fire Station, vacation of George Whalen Way, transfer of the Heritage Plaza property to the Fire District, acceptance of the ten public parking spaces and the bicycle and pedestrian easements are consistent with the General Plan Goals and Objectives. Planner Livingstone noted that the Public Safety Commission reviewed the project at their September 16, 2002 meeting and supported the project design and asked that a condition be added that requires the applicant to provide a newsletter to the neighborhood regularly updating them on construction time frames and construction activities that would impact the intersection at Saratoga Avenue and Saratoga-Los Gatos Road. The Heritage Preservation Commission also supported the project design and site plan. Ernest Kraule, Fire Chief/SFPD, stated that the Saratoga Fire Protection District was before the City Council to appeal the Planning Commission October 9, 2002 decision. Tonight RPM Design Group will present the revised plans to the Council, which address concerns voiced by the Planning Commission and the public. Chief Kraule noted that the District's prime objective has been to replace a very old building with a modern seismically safe building. Chief Kraule noted that the District has meet the concerns addressed by the adjacent neighborhood regarding cut through traffic and impact of the construction phase. Chief Kraule noted that the Fire District has gone to great lengths to cooperate with the City staff, the US Postal Office and the Federated Church. Mary McGrath, Architect/RPM Design Group, stated that the project has three stages: • Phase I - Demolition of the Contempo Building, install temporary station • Phase II - Demolition of the existing Fire Station, reconstruction of replacement facility, upgrade site areas around Post Office • Phase III - removal of temporary station, complete site improvements Ms. McGrath explained the current site configuration and explained each phase of the prof ect. Ms. McGrath explained Phase I: • Relocate monument to previous location at Blaney Plaza • Demolition of existing Contempo Building • Site Improvements o Install temporary modular building o Apparatus parking with temporary cover o Reconfigure curb ramp at alley exit to Saratoga Avenue for greater public safety • Reconfigure Contempo property parking (proving 18 on site spaces) • Acquire 6 off-site parking spaces on Federated Church property • Total of 24 temporary parking spaces • Front setback variation for placement of temporary modular on Contempo property • Rear setback variation for placement of temporary tent apparatus cover on Contempo property 10 Ms. McGrath explained Phase II: • Temporary relocate Post Office drop box • Close alley behind Fire Station • 5 Post Office parking spaces at alley will be reconfigured to be accessible from Post Office site • Post Office circulation will be improves • Demolition of existing Fire Station Ms. McGrath explained all of the proposed easements and site improvements that follow Phase II of the project. Ms. McGrath stated that several modifications to the corner of Saratoga Avenue and Highway 9 would be made including the reconfiguration of traffic and new apron area. In regards to Phase II, Ms. McGrath explained that the maximum lot coverage is 30%; the District is requesting that they be allowed to have maximum site coverage of 32.1%. Referring to Phase III of the project Ms. McGrath explained the two proposed parking plans. The first proposal would include the Districts required 24 on- siteparking spaces. Ms. McGrath stated that this plan includes the sale of a portion of the Contempo property to the Federated Church, allowing them to acquire an additional 16 spaces, the District 18, 10 to the City and an additional 6 to be shared between the District and the Church. The second parking proposal, Ms. McGrath explained does not include the sale to the Church. The District would still have the 24 required on-site spaces an additiona132 dedicated spaces for fire station use. Ms. McGrath stated that the City would still have 10 dedicated spaces. Phase III, Ms. McGrath explained consists of many site improvements such as landscaping and improved circulation around the site. Ms. McGrath stated that the summary of building area of the proposed Fire Station as follows: • Basement - 2,777 square feet • Main Floor - 8,987 square feet • Upper Floor - 4,171 square feet • Total - 15,435 square feet Ms. McGrath stated that the architectural style was been inspired by Julia Morgan vernacular to compliment the Federated Church. The maximum height on the west elevation is 30 ft. and the maximum height on the southern elevation is 22 ft. Ms. McGrath stated that the total project duration would be approximately 16- 18months. Ms. McGrath briefly explained the haul routes, parking locations, and shuttle routes. Steve Campbell, 14482 Oak Place, noted that he is a lifelong resident of the City, a neighbor of the Fire District and a member of the Federated Church. Mr. Campbell noted that he supports the project. 11 Hollie Davies, 14478 Oak Place, urged the City Council to approve the project stating that the new Fire Station would make a beautiful entrance to the Village. Aaron Katz, Po Box 116, stated that he was against the proposed project. Ben Dubin, 16689 Bohlman Road, stated that he voted for the bond two years ago. Mr. Dubin stated that the design has improved from what the public saw in the beginning. Mr. Dubin urged the City Council to approve the project. Susan Perry, 14340 Saratoga Avenue, commented that the City Council should open their eyes and ears to self interest groups. Ms. Perry stated that many changes have been made to the project. Ms. Perry stated that the voters approved the bond measure and urged the Council to approve the project is 16- 18months. Robert Egen, SFPD Commissioner, 14890 Montalvo Road, thanked City staff, the Council, and the community for working with them to build a fire station. Mr. Egen stated that they have tired to meet everyone's needs. Vic Monia, Granite Way, stated that the Fire District has given no assurance that the parking will be built. The City should impose a method or condition to guarantee that the parking spaces will be built. Jerry Bmce, Federated Church, stated that the new design has better parking and a better circulation plan. Mr. Bruce stated he supports the current design. Mr. Bruce stated that Plan A increases the Church's parking and provides an additional egress. James Kardach, 20221 La Paloma Avenue, stated that he is a member of the Village Green Neighborhood Association. Mr. Kardach noted that he supported that bond and is disappointed that it has not been built. Mr. Kardach noted that he enjoys having the Fire Station in his neighborhood. Denise Michel, 20375 Park Place, Co-President/ Village Green Neighborhood Association. Ms. Michel stated that the Village Green Neighborhood Association has been working with the City, the District and the Church to address cut through traffic, parking issues and other concerns of the neighbors. Ms. Michel stated that the Association hopes to continue working with everyone in the future. Bill Giannini, 21670 Palomino Way, stated that he is a 4~h generation resident of the City of Saratoga and a business owner. Mr. Giannini stated that the SFPD has always served them well. Mr. Giannini stated that the District does need a modem facility. Mr. Giannini stated that he thinks the architectural style in the proposed design fits well into the neighborhood. Bob Shepard, 20491 Forrest Hills, urged the City Council to move forward with the Fire District project. Mr. Shepard stated he fully supports the project. 12 Ed Farrell, 20877 Kittridge Road, referring to the comments made earlier this evening his special interest are the fireman that live in the fire house which is unsafe. Mr. Farrell agreed that the District needs a new station but does not agree to the increase in square footage from the origina17,000 square feet to over 17,000 square feet with 32% land coverage. Reese Williams, 20119 Knollwood Drive, stated that he feels the pal has been well thought out. Mr. Williams stated that he thinks the aesthetics are first rate. Mr. Williams thanked the Council, the Federated Church, SFPD and City staff. Joe Long, 14380 Saratoga Avenue, SFPD Commissioner, stated that although he is still new on the job he understand that sometimes elected official need to make tuff decisions. Arvin Engelson, Pastor/Saratoga Federated Church, 20381 Sea Gull Way, applauded the efforts of all parties that participated in the past discussions in regard to the SFPD project. Jay Geddes, 13917 Lynde Avenue, SFPD Commissioner, stated that what was before the Council this evening was the design of the future. Mr. Geddes stated that he feels they have met the needs of the neighborhoods and the community. Mr. Geddes stated that Mr. Whetstone's letter was part of continued harassment to delay the construction of the new station. Frank Lemmon, 20655 Woodward Court, stated that he is the Chair of the Citizen Oversight Commission in charge of monitoring the project. On October 29, 2002 the Committee reviewed the cost estimates of the project. Mr. Lemmon stated that the estimated cost plus a 10% contingency has a potential overrun of approximately $650,000. The sale of the Contempo property should cover the overrun. Mr. Lemmon stated that the Fire Commission is sure they can finish the project without another bond. Richard Crouch, 15668 Bohlman Road, stated that he supported the proposed project. Beverly Phipps, 15270 Norton Road, stated that there is a consensus that the SFPD needs a new station. Mr. Phipps stated that he thinks the proposed deign looks like a Mediterranean house. Mr. Phipps stated that he is concerned about the costs. Ms. McGrath noted that there was an error in her report; any reference that says shared parking with the Federated Church should say dedicated parking for Saratoga Fire District. Hal Toppel, Attorney/SFPD, noted that the District will have agreements between the City of Saratoga and the District that will permanently commit the parking areas on the land the District owns to remain parking. However the property that is sold to the Church, today they say it will remain parking, but the future of that land is not the District responsibility. Mr. Toppel stated that the District has completely met the City's parking requirements. 13 If the Church wants to use the parcel for other uses than parking they would have to come to the City. Councilmember Waltonsmith asked if the District received a letter from the United States Postal Office supporting the project. Mr. Toppel responded that a letter from the Post Office was submitted to the City. Gordon Duncan, Assistant Fire Chief/SFPD, addressed comments regarding the size of the proposed station. Assistant Fire Chief Duncan sited examples throughout the area in regards to sizes of new stations and what extra space was used for. Mayor Streit closed the public hearing at 9:00 p.m. Mayor Streit asked about additional safety efforts at the intersection on Saratoga Avenue and Highway 9. Mayor Streit asked if Caltrans would allow us to remove the "no turn on red restriction". John Cherbone, Director of Public Works, responded yes. Mayor Streit asked if this could be added to condition #40. Mayor Streit asked if the gate located in between the properties could be automatic. City Attorney Taylor stated that Council is directing the Public Safety Commission to look at the design of right turn lane improvements from northbound Highway 9 to eastbound Saratoga Avenue and that he would that this request to the resolution. Councilmember Waltonsmith stated that most of her concerns have been addressed, but would like to discuss parking with the Federated Church at a later date. Councilmember Waltonsmith noted that the size of the proposed station is still a concern of hers. Councilmember Mehaffey noted that this has been a very intense public process over the last year. Councilmember Mehaffey noted that the City got a very good design, much better than the original plan the District provided. Councilmember Mehaffey noted that the letter from the Post Office is not from the people in the Post Office that can make important decisions regarding property. Councilmember Mehaffey stated that the appropriate party should be contacted at the Post Office. Councihnember Mehaffey suggested that the District keep the neighborhood abreast of all activity regarding the construction process. Councilmember Mehaffey stated he had some concerns with Condition #40. Councilmember Mehaffey stated that the Public Safety Commission should be "requested" not "directed" to come up with a plan to detour traffic from the Village Green Neighborhood. Councilmember Mehaffey stated that he supports the project 14 Councilmember Bogosian stated that this process has been a very public process and as a result the District has submitted a great proposal. Councilmember Bogosian noted that with this proposal the intersection would be improved. Councilmember Bogosian stated that the new design blends into the neighborhood well. Councilmember Bogosian stated he supports this project. Vice Mayor Baker stated that he thinks that Condition #40 should remain as is. Vice Mayor Baker stated that this Council's priority has been to protect the quality and character of the neighborhoods. Other than that, Vice Mayor Baker noted that he supports the project. Councilmember Waltonsmith supported Vice Mayor Baker's request to leave Condition #40 as is. Mayor Streit noted that many people have worked on this project to make this Fire Station the best possible. Mayor Streit noted that he supports the proposed project. WALTONSMITH/MEHAFFEY MOVED TO ADOPT RESOLUTION OVERTURNING THE PLANNING COMMISSION DENIAL AND APPROVING APPLICATION #02-176 FOR A NEW AND TEMPORARY FIRE STATION. MOTION PASSED 5-0. 4. PROPOSED VACATION OF GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA LOS-GATOS ROAD STAFF RECOMMENDATION: Re-open public hearing continued from October 16, 2002; close public hearing; adopt resolution. TITLE OF RESOLUTION: 02-080 RESOLUTION OF THE CITY COUNIL GRANTING THE VACATION OF GEORGE WHALEN WAY BETWEEN SARATOGA AVENUE AND SARATOGA-LOS GATOS ROAD BAKER/BOGOSINA MOVED TO ADOPT RESOLUTION VACATING GEORGE WHALEN WAY. MOTION PASSED 5-0. ~. 5. ORDINANCE AIDOPTING AND AMENDING THE 2001 EDITIONS OF THE CALIFORNIA BUILDING, PLUMBING, MECHANICAL, AND ELECTRICAL CODES AND RESOLUTIONS REGARDING THE NEED TO AMEND THE CALIFORNIA BUILDING CODE TO IMPOSE ADDITIONAL SEISMIC BRACING REQUIREMENTS 15 STAFF RECOMMENDATION: Open public hearing; close public hearing; place item on next agenda for adoption. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor noted that on October 16, 2002 the City's Building Official has reviewed the 2001 California Building Standards Code and recommends that the City adopt the 2001 California Building, Plumbing, Mechanical, and Electrical codes by reference. The Building Official also recommends that the City adopt certain appendices to the Code. In addition, City Attorney Taylor noted that the Building Official recommends that the City amend the 2001 California Buildings Standards Code to impose additional seismic bracing requirements that are reasonably necessary because of local geological conditions. City Attorney Taylor noted that the proposed ordinance amends the Building Regulations chapter of the Saratoga City Code. MEHAFFEY/WALTONSMITH MOVED TO WAIVE THE SECOND READING; ADOPT ORDINANCE AMENDING THE BUILDING, PLUMBING, MECHANICAL AND ELECTRICAL REGULATIONS CODE; PLACE ITEM ON THE CONSENT CALENDAR AT THE NEXT MEETING FOR ADOPTION. MOTION PASSED 5-0. OLD BUSINESS 6. LAND EXCHANGE WITH SARATOGA FIRE PROTECTION DISTRICT STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-079 RESOLUTION OF THE CITY COUNCIL APPROVING THE LAND EXCHANGE WITH SARATOGA FIRE PROTECTION DISTRICT MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOTLUION APPROVING THE LAND EXCHANGE WITH THE SARATOGA FIRE PROTECTION DISTRICT. MOTION PASSED 5-0. Mayor Streit declared aten-minute break at 9:30 p.m. Mayor Streit reconvened the meeting at 9:40 p.m. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. 16 Assistant City Manger Tinfow explained that the Library JPA voted to pay for moving costs. That action would free up an additional $137,000 for construction expenses. Assistant City Manger Tinfow stated that there have been no new change orders since her last report and the construction completion date continues to be February 28, 2003, and the new library would be open to the public in Spring 2003. In regards to the Gen-Con Inc. banln-uptcy, Assistant City Manger Tinfow stated that no new information has been received. In regards to the benches, Assistant City Manager Tinfow stated that she has reviewed additional information on the structural integrity and installation of the alternative benches and would wait until January to bring forward an opportunity for further Council discussion. In regards to the parking lot modifications, Assistant City Manager Tinfow explained that pricing is still being developed for both the internal parking lot curbing and the perimeter erosion control. Once complete, the option would be brought to Council. Mayor Streit thanked Assistant City Manager Tinfow for her report. NEW BUSINESS 8. 2002-2003 CONTRACT PAVEMENT MANAGEMENT PROGRAM - AWARD OF CONTRACT STAFF RECOMMENDATION: Move to award bid to lowest bidder; award construction contract; approve additional work to contract; authorize staff to execute change orders to the contract. Morgan Kessler, Civil Engineer, presented staff report Mr. Kessler explained that sealed bids for the 2002 Pavement Management Program were opened on October 31, 2002. A total of eight contractors submitted Bids. Bortolotto & Co. of San Carlos submitted the lowest bid of $619,962.49, which is 32% below the Engineer's Estimate of $815,469.95. Bid amounts came in unexpectedly low, which can be attributed to current material prices. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice Inviting Sealed Bids dated October 4, 2002. Mr. Kessler stated that staff recommended that Bortolotto & Co. be declared the lowest responsible bidder and authorize staff to execute change orders to the contract up to $90,000 to cover any unforeseen circumstances and address additional work, which may arise during the course of the project. Mayor Streit asked if Bortolotto & Co. has ever done work for the City 17 John Cherbone, Public Works Director responded that Bortolotto & Co. has done good work for the City in the past. BAKER/MEHAFFEY MOVED TO DECLARE BORTOLOTTO & CO. THE LOWEST BIDDER. MOTION PASSED 5-0. BOGOSIAN/WALTONSMITH MOVED TO AWARD CONSTUCTION CONTRACT TO BORTOLOTTO. MOTTON PASSES 5-0. WALTONSMITHBAKER MOVED TO APPROVE ADDITONAL WORK IN THE AMOUNT OF $2,000. MOTION PASSED 5-0. MEHAFFEY/WALTONSMTIH MOVED TO AUTHORIZE CHANGE ORDERS UP TO $90,000. MOTION PASSED 5-0. 9. AUTHORIZE SUPPORT OF FRIEND OF THE COURT BRIEFS IN SAN JOSE CHRISTIAN COLLEGE V. CITY OF MORGAN HILL; BARDEN V. CITY OF SACRAMENTO STAFF RECOMMENATION: Authorize amicus participation. Richard Taylor, City Attorney, presented staff report City Attorney Taylor explained that the courts authorize amicus ("friend of the court") briefs incases where the amid have an interest in the case and would provide an additional perspective to that being provided by the parties to the case The City's support is currently being sought in the following cases, which are of possible concern to the City. (1) San ,lose Christian College v. City of Morgan Hill City Attorney Taylor explained that this case involves the interpretation and application of the First Amendment to the United States Constitution and the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). See 42 U.S.C. § 2000 cc et seq. City Attorney Taylor explained that a health care facility closed the only hospital in the City of Morgan Hill and sold the property to a Christian college. The college filed an application to change the zoning designation for the site from medical use to educational use. The city denied the application, explaining that the site was the only property in the city zoned for hospital use. The college then filed suit against the city under RLUIPA. City Attorney Taylor explained that under RLUIPA, "no government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise" of a person, assembly, or institution, unless the regulation is the least restrictive means of furthering a compelling governmental purpose. 42 U.S.C. sea 2000cc(a)(1). At trial, the district court entered summary judgment in favor of the city, finding that the college had failed to demonstrate 18 that the denial of its application placed a substantial burden on its exercise of religion. The court concluded that RLUIPA "does not provide religious institutions with immunity from land use regulation." The college has appealed to the Ninth Circuit Court of Appeals. The amicus brief will emphasize that RLUIPA is intended to prevent discrimination against religious expression and institutions, not to exempt religious institutions from neutral land use regulations or environmental regulations under the California Environmental Quality Act, and that interpreting RLUIPA to forbid any zoning or land use restrictions on religious institutions would strip local governments and planning commissions throughout the State of California of their historic power to reasonably regulate land use for the public welfare, thereby making federal courts, in essence, "super zoning bodies." The League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief, which is being prepared without charge to participating cities. The deadline to join the brief is November 7, 2002. (2) Barden v. City of Sacramento City Attorney Taylor explained that this case involves the application of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132, to the maintenance of public sidewallcs. City Attorney Taylor explained that various individuals with mobility and/or vision disabilities brought a class action against the City of Sacramento, alleging that the city violated the ADA by failing to maintain existing sidewalks so as to ensure that the sidewalks are accessible to persons with disabilities. The individuals with disabilities argued that the city is obliged to remove barriers to sidewalk accessibility, such as benches, sign posts, wires, and utility poles. City Attorney Taylor explained that at trial, the district court granted partial summary judgment in favor of the city, holding that the public sidewalks in Sacramento are not a service, program, or activity of the city and, accordingly, are not subject to the program access requirements of the ADA. However, the Ninth Circuit Court of Appeals reversed, holding that maintaining public sidewalks is a normal function of a city and, therefore, that public sidewalks are subject to the accessibility requirements of the ADA. The Court of Appeals noted that the ADA regulations require curb ramps to be installed in all pedestrian walkways and found that this requirement "reveals a general concern for the accessibility of public sidewalks ...and would be meaningless if the sidewalks between the curb ramps were inaccessible." The Court of Appeals refused to consider arguments concerning any "undue financial and administrative burdens," stating that the city would have an opportunity to present evidence on that issue at trial. 19 The City of Sacramento intends to petition the U.S. Supreme Court to review the case and has asked the City to join an amicus brief in support of the petition. In addition, the City of Sacramento has asked the City to join an amicus brief on the merits if the Supreme Court agrees to hear the case. The City of Sacramento anticipates that the amicus brief will explain the intent of the ADA and discuss the serious financial burden that the Court of Appeal's ruling would place on cities and other local agencies if allowed to stand. City Attorney Taylor explained that the League of Cities Legal Advocacy Committee has recommended that cities join the amicus brief in support of the petition, which is being prepared without charge to participating cities. The National League of Cities, the U.S. Conference of Mayors, the California Association of Counties, the National Association of Counties, the City of New York, and numerous other cities have also joined or recommended joining amicus briefs in support of the petition. The deadline to join the brief is November 15, 2002. MEHAFFEY/BOGOSIAN MOVED TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF IN SAN JOSE CHRISTIAN COLLEGE V. CITY OF MORGAN HILL. MOTION PASSED 5-0. WALTONSMITH/BOGOSIANMOVER TO AUTHORIZE PARTICIPATION IN AMICUS BRIEF IN BARREN V. CITY OF SACRAMENTO. MOTION PASSED 4-1 WITH BAKER OPPOSING. AGENCY ASSIGNMENT REPORTS Vice Mayor Baker stated that he would follow up on Mr. Martell's concerns at the next West Valley Sanitation District Board meeting. Councilmember Bogosian stated that the Silicon Valley Animal Control Authority authorize the General Manager to look for additional property to purchase for the shelter. Councilmember Waltonsmith and Councilmember Mehaffey had no reportable information. Mayor Streit stated that an original Tea Room was recently donated to Hakone Gardens and is being shipped from Japan. CITY COUNCIL ITEMS Vice Mayor Baker stated that at the last Parks and Recreation Commission meeting approximately 25 neighbors of the Wildcat Creek Trail came before the Commission protesting to the gates that the SCC Water District installed blocking the trail off completely. Vice Mayor Baker requested that this item be brought back as an agenda item at the next City Council meeting. Consensus of the City Council to place this item on the November 20, 2002 City Council agenda. 20 In regards to the BMX course at Garner Park, Vice Mayor Baker suggested that the City either remove it or rebuild it. In regards to the Library's grand opening celebration, Councilmember Waltonsmith suggested that an adhoc committee be formed to help plan the celebration Councilmember Waltonsmith volunteered to be one of the adhoc members. Councilmember Bogosian noted that he would volunteer, but if either one of the new Councilmembers would like to take his place he would not hesitate to let them. OTHER None CITY MANAGER'S RF,PORT None ADJOIIRNMENT There being no further business Mayor Streit adjourned the meeting at 10:15 p.m. 21