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Home My WebLink About12-18-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL 18, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:00 p.m. Conference with Legal Counsel -Threatened litigation (Gov't Code 54956.9(b): (1 potential case) 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: Nora v. Hartge and City Saratoga (Santa Clara Superior Court No. CV-8410985 Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) Name of case: City of Saratoga v. Hinz (Court of Appeal for State ofCalifornia- 6th Appellate District No. H-023549) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.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 Richard Taylor, City Attorney, to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: Councihnember Stan Bogosian 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 Rick Torres, Public Works Supervisor REPORT OF CITY CLERK ON POSTING OF AGENDA FOR DECEMBER 18 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of December 18, 2002 was properly posted on December 13, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following people requested to speak at tonight's meeting: Captain Dennis Bacon, SCC Sheriff's Deparhnent, announced that he has been promoted to Commander. Captain Bacon noted that he would be replacing Commander Miles who is retiring. Captain Miles thanked the City Council and Staff for all of the support he has been given over the last 18 months and noted that once a new Captain has been appointed he would contact the City. Mayor Streit thanked Captain Bacon for his service to the City of Saratoga. Fred Armstrong, Saratoga Rotary, 20462 Shelley Lane, requested that the City consider participating in the Rotary's first cultural diversity celebration called "Building Bridges" Mr. Armstrong noted that the event would take place in October 2003 and would be held at West Valley College. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None None CEREMONIAL ITEMS None SPECIAL PRESENTATIONS None 2 CONSENT CALENDAR lA. APPROVAL OF CITY COUNCIL MINUTES -NOVEMBER 6, 2002 STAFF RECOMMENDATION: Approve minutes. Mayor Streit requested that Item lA be removed form the Consent Calendar. Due to the fact that Councihnember Bogosian was absent, Mayor Streit noted that this item would have to be continued to the January 15, 003 meeting. 1B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/KLINE MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 1 C. PLANNING ACTION MINUTES -DECEMBER 11, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KLINE MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 1D. APPROVAL OF 2003 COUNCIL MASTER CALENDAR STAFF RECOMMENDATION: Approve calendar. WALTONSMITH/KLINE MOVED TO APPROVE 2003 COUNCIL MASTER CALENDAR. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. lE. ADOPT RESOLUTION CONFIRMING COUNCIL AGENCY, COMMISSION AND ADHOC COMMITTEE LIAISON APPOINTMENTS STAFF RECOMMENDATION: Adopt resolution. Mayor Streit requested that Item lE be removed form the Consent Calendar. Mayor Streit noted that Councilmember Bogosian requested that he be removed from the Planning Commission and the Tree Ordinance AdHoc Committee. Councilmember King stated she would take the Tree Ordinance AdHoc Committee and Councilmember Kline stated that he would take the Planning Commission. WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION CONFIRMING COUNCIL AGENCY, COMMISSION AND ADHOC COMMITTEE LIAISON APPOINTMENTS AS AMENDED. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 1F. SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUNDS (SLESF) STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-097 RESOLUTION OF THE CITY COUNCIL REPORTING ON USE OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS KNOWN AS °°COPS" FOR FISCAL YEAR 2002-03 WALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION APPROVING MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. PUBLIC HEARINGS None OLD BUSINESS 2. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained the following highlights in regards to the Library's budget: The $119,303 shown as Phase I "estimate of changes to contract" represents retention monies still held by the City of Saratoga for Phase I. The surety is expected to cover cots to complete Phase I work, currently running about $165,000, through a combination ofrelease of any claim for retention funds and payment of costs in excess of retentions funds held. The estimated additional costs of the tele/data installation work is expected to exceed the budgeted amount by roughly $50,000. • Due to the special counsel that has been helping the City deal with the bankruptcy of GenCon, the COC has asked that an extra $10,000 be added to the budget to cover attorney fees they may have to be paid from the bond. • No new change order activity • Total project sost$14,538,212tyith $61,788 left out of the budgeted amount of $14,600,000 authorized by Council • Substantial completion date continues to be February 28, 2003 • GenCon has converted its filing from Chapter 11 to Chapter 7 Councihnember Kline asked if there were any damages to the Library from the recent storm. Assistant City Manager Tinfow stated that there was some water damage on the drywall, which has been marked by the Project manager for replacement. Councilmember King asked how the video of the library came out. Assistant City Manager Tinfow responded that he video turned out great; residents can see what they can expect when it's finished. KSAR has scheduled the video to air on Monday and Thursday at Spm and l Opm. Councilmember King asked if the Council could get copies of the video. Assistant City Manager Tinfow responded that she would request copies of the video from KSAR. Mayor Streit thanked Assistant City Manager Tinfow for her report. NEW BUSINESS 3. FUTURE OF LIBRARY EXPANSION COMMITTEE AND CITIZEN OVERSIGHT COMMITTEE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that the $15 million Library Bond was passed by the voters in March 2000. By May 2000, the Library Expansion Committee (LEC) began meeting. In addition the Citizen's Oversight Committee (COC) was a condition of voter approval and they begun meeting in March 2001. Assistant City Manager Tinfow explained that with the completion of the library construction a few months away, both Committees have requested Council direction about expected timeline for their activities and possible continued meeting beyond Spring of 2003. Assistant City Manager Tinfow reported some suggestions: 1. Direct the LEC to continue until the library opens to the public and then disband 2. Direct the LEC to oversee warranty issues that may occur in the first year of operation and make recommendations to the City Council 3. Direct the COC to continue to exist until all bond funds are disbursed including overseeing the activity and costs associated with the Phase I bankruptcy 4. Direct the COC to recommend use of interest income from the bond funds Consensus of the City Council to support the first and third suggestion. 4. CONGRESS SPRINGS PARK IMPROVEMENTS -AMENDMENT TO DONATION AGREEMENT WITH SARATOGA LITTLE LEAGUE STAFF RECOMMENDATION: Move to approve first amendment to Donation Agreement with Saratoga Little League and authorize City Manager to execute the same. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that in December 2002 the City Council approved a Donation Agreement with Saratoga Little League in the amount of $90,000 for additional improvements to Congress Springs Park, which were not included in the Congress Springs Park Improvement Project. Subsequently, a General Fund Transfer in the amount of $90,000 was made to the project and the additional improvements were incorporated into the park project. Director Cherbone explained that the agreement stipulated that the Saratoga Little League donate $30,000 per calendar year for three years to the Saratoga Youth Sports Fund. The donation payments would then repay the City's General Fund over the period of the loan. Director Cherbone explained that the Saratoga Little League would like to restructure their donation agreement because of financial hardship. Their proposal is to extend the donation payment period from 3 years to 5 years and change the due date of the annual donation payments from December 31 to June 1. KLINE/WALTONSMITH MOVED TO APPROVE FIRST AMENDMENT TO THE DONATION AGREEMENT WITH THE SARATOGA LITTLE LEAGUE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME. MOTION ASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 6 INTRODUCTION AND FIRST READING OF ORDINANCE ADOPTING AND AMENDING THE 2001 EDITION OF TAE CALIFORNIA FIRE CODE AND THE 2000 UNIFORM FIRE CODE AND ADOPTION OF RESOLUTION STAFF RECOMMENDATION: Approve resolution and introduce ordinance. TITLE OF RESOLUTION: 02-099 RESOLUTION OF THE CIT COUNCIL INCLUDING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA FIRE CODE ADOPTED BY REFERENCE IN THE SARATOGA CITY CODE Richard Taylor, City Attorney presented staff report. City Attorney Taylor explained that the California Building Standards Code (CBSC) is updated every three years by the Commission. The 2001 edition of the CBSC became effective on November 1, 2002. On November 6, 2002 the City Council amended the City Code to adopt the 2001 editions of the Building, Plumbing, Mechanical, and Electrical Codes by reference. However, consideration of the 2001 edition of the California Fire Code was postponed pending discussions between the City's Building Official, City Attorney and chiefs of the Santa Clara County Fire Department and the Saratoga Fire District. City Attorney Taylor stated that the Building Official and both Fire Chiefs recommend that the City Council adopt the 2001 California Fire Code by reference and also recommends that the City impose additional fire safety requirements that are reasonably necessary because of local climatic, geological, and topographical conditions. KLINE/WALTONSMITH MOVED TO ADOPT RESOLUTION REGARDING THE NEED TO AMEND TAE CALIFORNIA FORE CODE TO IMPOSE ADDITIONAL FIRE SAFETY REQUIREMENTS. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 7. AMENDMENT TO THE SILICON VALLEY ANIMAL CONTROL AUTHORITY (SVACA) TO JOINT EXERCISE OF POWERS AGREEMENT STAFF RECOMMENDATION: Approve the amendment and authorize City Manager to sign amended JPA Agreement. On December 3, 2002 a meeting of the SVACA Member Cities' City /Town Managers and staff was held in the Town of Los Gatos to discuss the outcome of an "Independent Financial Analysis" performed by the City of Sunnyvale, City of Cupertino and Town of Los Gatos. At the conclusion of the meeting the consensus of the Managers was the there were still operational and fiscal issues that would require more research in order for some of the cities to make a decision regarding their FY 2003-2004 participation in the JPA by the December 31, 2002 deadline. Therefore, the SVACA staff was asked by the City Mangers to call a Special Board meeting to discuss, approve and forward an amendment to the cities fora 90 day extension of the December 31, 2w002 deadline for this year only. The Special cal meeting occurred ion December 10 and the board took action to ask Member Cities to approve the following two amendments: • To amend the "180 day rule" prior to June 30 for a Member City to give notice of its intent to withdraw from the JPA to 90 days for the current year only To adjust the references in the JPA regarding preparation and notice of the SVACA FY 2003-2004 budget accordingly WALTONSMITH/KLINE MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN AMENDED JPA AGREEMENT. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 8. COUNCIL RETREAT TOPICS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that a Co cil Retreat has been scheduled for February 1, 2003 at the North Campus. Cityager Anderson explained the proposed topics for discussion and asked the Council for any additional topics they wish to discuss that day. 9. BROOKGLEN, EL QUITO, WILDWOOD PARKS AWARD OF DESIGN CONTRACTS STAFF RECOMMENDATION: Move to award design contracts to The Beals Group and Design Focus and authorize City Manager to execute contracts for same. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that in direct response to Federally mandated Playground Equipment Safety Standards, the City, through the Parks and Recreation Commission, formed task forces and held kickoff meetings this past July 2002, at Brookglen and Wildwood Parks to replace existing equipment that does not meet the federal safety standards. Analyst Bloomquist explained that staff solicited proposals from 34 Landscape Design firms for the Brookglen/El Quito/Wildwood Park Improvement Projects. Proposals were received from 6 design firms by the November 15`h deadline. The Beals Group was selected to design the El Quito Projects because of their extensive experience with medium to large size public projects and their competitive cost proposal. Staff also recommends hiring Design Focus for the design of Brookglen and Wildwood Parks because of their extensive experience in the Saratoga Community with smaller, unique projects and their strong design skills and the competitive cost proposal. Councilmember King stated that as a parent of a special needs child it would be nice if the City had a fully accessible park for the residents with special needs children. WALTONSMITH/KING MOVED TO AWARD DESIGN CONTRACTS TO THE BEALS GROUP AND DESIGN FOCUS AND AUTHORIZE CITY MANAGER TO EXECUTE CONTRACTS FOR SAME. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. 10. AUTHORIZATION TO PURCHASE MAINTENANCE VEHICLES AND AUTHORIZATION TO DISPOSE OF SURPLUS VEHICLES STAFF RECOMMENDATION: Move to authorize the purchase of maintenance vehicles, vehicle warranties and declare certain vehicles as surplus and authorize their disposal. Rick Torres, Public Works Supervisor, presented staff report. Supervisor Torres explained that on an annual basis the Public Works Deparhnent performs a review of the City's rolling stock and capital equipment inventory for future replacement needs. The information is then used to plan for inclusion into subsequent budget years. Replacement is determined on various factors such as age, condition, mileage, and use. Supervisor Torres noted that this year staff proposed to surplus two vehicles and purchase three new vehicles. The number of replacement vehicles is proposed this year reflects a 50% reduction in Capital spending over the last years budget as directed by City Council. Supervisor Torres stated that staff recommends that the Council authorize the purchase of the following from Victory Commercial Truck Center: • 2003 Chevrolet 3500 1-ton dump truck • 2003 Chevrolet 1500 Pickup • 2003 Chevrolet 5-10 pickup • Extended warranty contract for all three vehicles Councilmember Waltonsmith asked why the vehicles did not come with Compress Natural Gas (CNG). Supervisor Torres responded that the dump truck did not come in CNG and for practical reasons regular fuel is needed in the two other trucks. Supervisor Torres stated that unfortunately there aren't many CNG fuel stations in this area. 9 WALTONSMITH/KLINE MOVED TO AUTHORIZE THE PURCHASE OF THREE VEHICLES FROM VICTORY COMMERCIAL TRUCK CENTER IN THE AMOUNT OF $70.896.95. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/KL1NE MOVED TO AUTHORIZE THE PURCHASE OF AN EXTENDED WARRANTY CONTRACT FOR ALL THREE VEHICLES IN THE AMOUNT OF $960.00 FOR EACH VEHICLE. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. WALTONSMITH/KLINE MOVED TO DECLARE THE 1996 DODGE RAM VEHICLE #89 AND THE 1987 CHEVY 5-10 VEHICLE #60 SURPLUS AND AUTHORIZE TFIEIR DISPOSAL. MOTION PASSED 4-0-0-1 WITH BOGOSIAN ABSENT. COMMISSION ASSIGNMENT REPORTS None CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT Dave Anderson, City Manager, reported on the recent storm damage. City Manager Anderson noted that there were several trees that were down, minor flooding to properties, numerous storm drains plugged, 30 calls from County Communications. City Anderson noted that there were 4-6 maintenance personnel on duty Saturday and Sunday with 10-30 hours of overtime per person. City Manager Anderson noted that staff has put together a list of things to do in order to be better prepared for storms such as: dedicated phone line in the corporation yard, new radios, new generator and battery backup system at the intersection of Quito/ Allendale Avenue and Saratoga/Fruitvale Avenue. Mayor Streit stated that he was at the Corporation Yard on Saturday and wanted to thank the employees for doing such a great job. ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 8:20 p.m. Cat lee er City erk 10