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HomeMy WebLinkAbout04-02-2004 City Council Minutes MINUTES SARATOGA CITY COUNCIL APRIL 2, 2003 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Labor Negotiators (Gov't Code 54957.6): Agency designated representatives: Dave Anderson, City Manager Employee organization: SMO Conference With Legal Counsel - Existing Litigation:(Government Code section 54956.9(a)) (one case) Conference with Legal Counsel - Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): (2 potential case) 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 7:05 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Kathleen King, Norman Kline, Vice Mayor Ann Waltonsmith, Mayor Nick Streit ABSENT: None ALSO PRESENT: Dave Anderson, City Manager Lorie Tinfow, Assistant City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk John Cherbone, Public Works Director Jesse Baloca, Administrative Services Director Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR APRIL 2, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of April 2, 2003 was properly posted on March 28, 2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Jack Lucas, Vice PresidentIBoard of Trustees for West Valley Mission College District, Zena Way, Monte Sereno, spoke in regards to the recent noise complaint at West Valley College. Mr. Lucas stated that he would like to keep the lines of communication open between the Board and the City. ANNOUNCEMENTS None CEREMONIAL ITEMS lA. PROCLAMATION - SUPPORTING OUR TROOPS STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation. lB. COMMENDATION - CONGRATULATING THE 50TH ANNIVERSARY OF JUNIOR ACHIEVEMENT OF SILICON VALLEY & MONTEREY BAY STAFF RECOMMENDATION: Present commendation. Mayor Streit read the commendation and presented it to a representative from the Junior Achievement ofSiIicon Valley & Monterey Bay. lC. COMMENDATION - CONGRATULATING MEERA PATEL/GIRL SCOUT TROOP 321 FOR RECEIVING HER GOLD AWARD STAFF RECOMMENDATION: Read proclamation. Mayor Streit acknowledged the commendation. SPECIAL PRESENTATIONS None 2 CONSENT CALENDAR 2A. CITY COUNCIL MINUTES -MARCH 20, 2003 STAFF RECOMMENDATION: Approve minutes. KLINE/ W ALTONSMITH MOVED TO APPROVE COUNCIL MINUTES OF MARCH 20, 2003. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. KLINE/ W AL TONSMITH MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 2C. PLANNING ACTION MINUTES - MARCH 26, 2003 STAFF RECOMMENDATION: Note and file. KLINE/ WALTONSMITH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2D. EL QUITO PARK VERTICAL BYPASS DRAINAGE SYSTEM PROJECT STAFF RECOMMENDATION: Award contract. KLINE/ WALTONSMITH MOVED TO AWARD DECLARE COLONY. LANDSCAPE & MAINTENANCE THE LOWEST BIDDER; AWARD CONTRACT IN THE AMOUNT OF $69,200: AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $7,000. MOTION PASSED 5-0. 2E. EL QUITO PARK IRRIGATION RENOVATION PROJECT STAFF RECOMMENDATION: Award contract. KLINE/ W AL TONSMITH MOVED TO AWARD DECLARE COLONY LANDSCAPE & MAINTENANCE THE LOWEST BIDDER; AWARD CONTRACT IN THE AMOUNT OF $54,000: AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $5,500. MOTION PASSED 5-0. 3 PUBLIC HEARINGS None OLD BUSINESS 4. SARATOGA LIBRARY PROJECT UPDATE STAFF RECOMMENDATION: Informational only. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: · Bud!!et Status - $14,464,600 - (total costs both committed and change requests) · Construction Schedule - completion date of April 15, 2003 partly due to the delays with PG& E. Mayor Streit thanked Assistant City Manager Tinfow for her report. 5. GARDNER P ARK/WILDCAT CREEK TRAIL UPDATE STAFF RECOMMENDATION: Informational only. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist explained that after hearing public testimony at the November 20,2003 City Council meeting, Council directed staff to reopen the pathway and to develop a Joint Use Agreement with the Santa Clara Valley Water District for this purpose. In addition Council directed staffto form a task force to discuss resident's issues and to bring forward, upon conclusion of the meetings, recommendations addressing the concerns ofthose opposed to it. Analyst Bloomquist explained that the Gardiner Park/Wildcat Creek Trail Task Force held meetings on January 23 and March 6, 2003. These meetings were well attended, and input supporting and opposing the reopening of the trail was documented as follows: · Opposition issues of concern from reopening: Safety, security, privacy, liability, crime, traffic litter, alcohol/drug use, decrease in property value. · Advocate issues and reasons for reopening: Safety, security, public access to park, recreation, exercise, enjoyment of nature, transportation, closed without proper notice. Analyst Bloomquist explained that at the January 23 meeting, the task force requested the water district completed a survey defining the property lines along the pathway. The water djstrict completed this survey and presented it at the March 6 meeting. The survey showed slight variations in property lines when compared to the existing location offences along the pathway. Non of the 4 variations are significant enough to prevent pathway from running between the creek and property boundaries, so the task force commenced the process and make the following recommendations: 1. "Turn back the hands of time" and restore the area to the condition it was prior to placement ofthe fences by the District. Do not renter into a joint use agreement or make any physical improvements to the trail. Take down the fences and reopen the trail. 2. The Cit enters into a joint use agreement with the District and take down the fences and reopens the trail but does not make any physical improvements to it. 3. The city enters into a joint use agreement with the District and takes down the fences and reopens the trail with improvements consistent with trail standards listed in teh4 1991 Parks and Trails Master Plan. Analyst Bloomquist explained that the task force recommendations were made pending feedback from the District. The task force representative from the District was not ale to support or deny the recommendations without forwarding them to his legal department. Staff informed the District that their finding s should be made before April 18, 2003. The task force will meet and make its final recommendations to Council pending receipt of the Districts legal department reView. Councilmember Bogosian stated that this trail has been used for at least 30-40 years. Councilmember Bogosian requested that a date be set in order to assure the community that this access will be reopened. Councilmember Bogosian stated that it should be opened be June 1st. Mayor Streit suggested that staff bring back the task force recommendations to Council at the May 21 st City Council meeting in order to get the trail reopened by June 1st. Consensus of the City Council to direct staff to bring back the task force recommendations on May 21,2003. NEW BUSINESS 6. CLARIFICATION OF CITY CODE SECTION 2-12.13 ATTENDANCE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer stated that on March 6, 2002 the City Council adopted Ordinance 203, which among other things established attendance requirements for the City Commissions. The section failed to anticipate the need to provide clear direction to the Chairs regarding what activities qualified for granting permission to individual Commissioners to miss meetings. Consequently, some Commissioners have had numerous absences that had been permitted by the Chair, but absent nevertheless. 5 Consensus of the City Council to direct the Mayor to discuss the absentee problems with the Commission Chairs and direct them accordingly. 7. CITY COUNCIL MEETING LOCATIONS STAFF RECOMMENDATION: Accept repot and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani stated that for years the City Council have been unhappy with having their meetings in the Saratoga Civic Theater. The Council has received numerous complaints from the public about the placement of the City Council and Planning Commission on the stage, five feet above someone addressing them from their position. Staff was directed to explore other meeting location options to see if there would be a more preferable setting for the Wednesday night meetings. KSAR toured each facility with staff and was asked to provide their input on each location. Director Pisani explain each facility as follows: Fellowship Hall at the North Camnus · Capacity of the large room is over 350 · Would need upgrading approximately $260,000 · 98 parking spaces · 4 miles away from City hall · No staff on location Librarv Community Room · Capacity of 129 · No improvements necessary · Used by nonprofit groups · Library Commission and Friends of the Saratoga Library oppose this type of use · KSAR would need to utilize more of the storage areas and · KSAR equipment costs approximately $150,000 Civic Theater · Built in 1964 · Not many upgrades in 40 years · 300 seats · Used 250 timer per year for theatrical performances or rehearsals · Take down and set up of Council dais is tome, consuming · KSAR equipment is fine but would like new cameras, video equipment, sound system and presentation equipment 6 New Council Chambers · Was included in the Civic Center Master Plan · Small addition to City Hall approximately 7,800 square feet · $2.9 million to construct · Smaller version approximately 3,500 square feet is about $700,000 · KSAR supported this option the best Councilmember Bogosian asked why wasn't the Administrative Room at the North Campus listed as an option. Director Pisani stated that the size is too restricted - it only holds 70 people. Councilmember Kline stated that at the last meeting the public had two misconceptions; 10 City Council did not want to have all commissions meetings in the Library Community Room just the Planning Commission and the City Council 2) the Library Community Room is not wired for KSAR. Councilmember Kline noted that although he agrees that the City should have a separate Council Chambers, now is not the time to be spending money. Vice Mayor Waltonsmith stated that she does not like using the Civic Theater as a Council Chambers and has heard throughout the years that citizens are intimidated to approach the Council because of the set up. Vice Mayor Waltonsmith stated that sooner or later the problem has to be addressed. Although she doesn't like using the Civic theater as a Council Chambers, Councilmember King stated that she doesn't see the Council spending money on an addition to City Hall any time soon. Ed Hand, 101 Craig Avenue, Los Gatos, noted that he represented the West Valley Light Opera Group. Mr. Hand stated that the Opera Group has had a good working relationship with the City since 1964. Mr. Hand stated that the two groups, West Valley Light Opera Group and the Saratoga Drama Group have at least six productions per year. Mr. Hand explained that before every Council or Planning Commission meeting it takes 6-8 hours to take down all oft heir sets and after the meetings it takes another 6-8 hours to put them back up again for their next performance. Mr. Hand stated that the drama groups are in favor of the Council relocating to another facility. Scott Brown, KSARlEngineer, stated that the equipment in the Senior Center is technically inferior to the equipment used in the theater. The mixer would be the only piece of equipment that would be worth keeping and using in the theater. Councilmember Bogosian requested staff to bring back to Council a full report on KSAR on how they have used their trust fund. KLINE/WALTONSMITH MOVE TO REMOVE THE LIBRARY COMMUNITY ROOM OFF OF THE OPTION LIST OF POSSIBLE USE BY THE COUNCIL TO HOLD MEETINGS. MOTION PASSED 5-0. 7 Consensus of the City Council to direct staff to: 1. Contact KSAR to prepare a cost proposal on upgrading the current equipment to last 3-5 more years. 2. Prepare a cost proposal to build a bare minimum civic auditorium/Council Chambers addition to city hall. 8. XEROX AND KYOCERA DIGITAL COPIER MACHINES LEASE AGREEMENT STAFF RECOMMENDATION: Authorize City Manager to execute lease agreements. Jesse Baloca, Administrative Services Director, presented staffreport. Director Baloca stated that the City of Saratoga has been leasing a Xerox 5100 since 1997. This machine is an analog copier. Although this machine is meeting the City's needs, there are many drawbacks such as the higher emission of heat and fumes into the air, lack of energy efficiency, and cost of required "Xerox" paper. Maintenance concerns have also increased where staff has experienced more jamming and downtime during repairs. A common response and repair time would be up to 4 hours or more depending on the issue. Replacement parts may need to be specially ordered since there are limited supplies to older machines. This can effect the copying of council packets and prompt delivery. The City's lease agreements have recently expired and we are currently on month-to-month basis. Director Baloca stated that last October 2002, a committee was assigned to investigate the possible purchase and/or lease of a new copy machine. Ben Cheng, Kristen Borel, Ann Sullivan, Julie Ingraham, and Cathleen Boyer researched many copiers currently on the market. The committee invited four companies to provide copy machines comparable to the current large Xerox 5100 and smaller Xerox machines, on a trial basis. Those companies were Xerox, Kyocera, Toshiba, and OCE. Director Baloca stated that the primary factors used for consideration of a new machine were pricing, company reliability, functionality, capability, ease of use, customer service support and whether the overall needs of the City will be addressed. Director Baloca stated that the committee is recommending the new Xerox DC 490ST to replace the current larger copier for the following reasons: · The base monthly lease cost of Xerox is least expensive among the 3 companies and is offered at the rate less than the City's current Xerox machine, providing a monthly savings of $836; · The base monthly lease cost also includes network capabilities to our computer servers as well as maintenance cost; · Staff has been satisfied with the previous Xerox maintenance support and 8 believes they will continue providing strong customer service; · Offers the most capabilities and ease offunctionality. Director Baloca stated that the Committee is recommending the new Kyocera KM- 2030 machine to replace the current smaller copier for the following reasons: · The base monthly lease cost of the Kyocera is least expensive among the 3 companies and is offered at the rate less than the City's current Xerox machine, providing a monthly savings of $54; · Has higher capabilities than the existing machine such as ability to sort, more memory, higher resolution, and is energy efficient. KLINE/WALTONSMITH MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE LEASE AGREEMENTS. MOTION PASSED 5-0. COMMISSION ASSIGNMENT REPORTS Councilmember Bogosian stated that in regards to the Village Green Task Force the 2nd survey has been sent out. CITY COUNCIL ITEMS Councilmember Kline requested that the Mayor assign two CounciImembers to work with the Heritage Preservation Committee to establish historic criteria for buildings in Saratoga. Consensus of the City Council to appoint Vice Mayor Waltonsmith and Councilmember Kline to the adhoc committee to work with the Heritage Preservation Commission to establish historic criteria. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 8:20 p.m. 9