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HomeMy WebLinkAbout06-04-2003 City Council Minutes MINUTES SARATOGA CITY COUNCIL JUNE 4, 2003 The City Council of the City of Saratoga met in Open Session, Administrative Conference Room. 13777 Fruitvale Avenue at 5:45 p.m. to discuss Youth Commission appointments and at 6: 00 p.m. adjourned to Closed Session. Conference With Labor Negotiators (Government Code section 54957.6): Agency designated representatives: Lorie Tinfow, Assistant City Manager & Jesse Baloca, Administrative Services Director Employee organization: SEA Conference With Legal Counsel- Anticipated Litigation: Significant Exposure to litigation pursuant to section 54956.9(b): (1 potential case) Initiation oflitigation pursuant to section 549569(c): (1 potential case) Conference With Real Propertv Negotiators: Property: 13650 Saratoga Avenue Agency negotiator: Lorie Tinfow, Assistant City Manager Negotiating parties: City of Saratoga, Santa Clara County Library Joint Powers Authority Under negotiation: Price and terms of payment 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 Jesse Baloca, Administrative Services Director Tom Sullivan, Community Development Director John Livingstone, Associate Planner John Cherbone, Public Works Director Cary Bloomquist, Administrative Analyst Morgan Kessler, Civil Engineer REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JUNE 4, 2003 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, tbe agenda for the meeting ofJune 4,2003 was properly posted on May 30,2003. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS Noone requested to speak at tonight's meeting: COMMUNICATIONS FROM COMMISSIONS & PUBLIC None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS lA. COMMENDATION FOR OUTGOING PUBLIC SAFETY COMMISSIONER JIM SCHINDLER STAFF RECOMMENDATION: Present commendation. Mayor Streit announced the commendation and noted that Mr. Schindler was unable to attend tonight's meeting. Mayor Streit directed staff to mail the commendation to Mr. Schindler. lB. COMMENDATION FOR OUTGOING YOUTH COMMISSIONER ROSS LEVINE STAFF RECOMMENDATION: Present commendation. Mayor Streit announced the commendation and noted that Mr. Levine was unable to attend tonight's meeting. Mayor Streit directed staff to mail the commendation to Mr. Levine. 2 Ie. APPOINTMENT AND OATH OF OFFICE FOR THE YOUTH COMMISSION STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. TITLE OF RESOLTUION: 03-031 RESOLUTION OF THE CITY COUNCIL APPOINTING SIX MEMBERS TO THE YOUTH COMMISSION W AL TONSMTIH/ KING MOVED TO ADOPT RESOLUTION APPOINTING PHILLIP BAKER. MICHAEL BYRNE, TONYA GUPTA, ELLI REZAII, ELISE SCHARTZ AND JACKIE LUSKEY TO THE YOUTH COMMISSION. MOTION PASSED 5-0. City Clerk Boyer administered the Oath of Office to the newly appointed Youth Commissioners. SPECIAL PRESENTATIONS None CONSENT CALENDAR 2A. CITY COUNCIL MINUTES - MAY 7, 2003 RECOMMENDED ACTION: Approve minutes. Vice Mayor Waltonsmith requested that item 2A be removed from the Consent Calendar. Vice Mayor Waitonsmith noted that one page 16 Councilmember Bogosian's statement was incomplete. Councilmember Bogosian stated that during his agency assignment report on the Emergency Planning Council he requested that staff write a letter to the State asking that funds be distributed properly. WALTONSMITHlBOGOSIAN MOVED TO APPROVE COUNCIL MINUTES OF MAY 7, 2003 AS AMENDED. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. W AL TONSMITH/KING MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 3 2C. PLANNING ACTION MINUTES - MAY 28, 2003 STAFF RECOMMENDATION: Note and file. WALTONSMITH/KING MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0 2D. ADOPTION OF ORDINANCE AMENDING ARTICLE 16 OF THE SARATOGA CITY CODE RELATING TO THE MAINTENANCE OF BUILDING SITES AND EXPIRATION OF BUILDING PERMITS STAFF RECOMMENDATION: Adopt ordinance. TITLE OF ORDIANCE: 219 ORDINACE AMENDING THE SARATOGA CITY CO DR CONCERNING EXPIARION OF BUILDING PERMITS WALTONSMITH/KING MOVED TO ADOPT ORDINCE AMENDING THE CITY CODE CONCERNING EXPIRATION OF BUILDING PERMITS. MOTION PASSED 5-0. 2E. RESOLUTION DECLARING BRUSH GROWING ON CERTAIN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLTUION: 03-032 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA DECLARING BRUSH GROWING ON CERTIAN DESCRIBED PROPERTY TO BE A PUBLIC NUISANCE AND SETTING A PUBLIC HEARING W ALTONSMITH/KING MOVED TO ADOPT RESOLUTION DECLARING BRUSH A NUISANCE AND SETTING APUBLIC HEARING. MOTION PASSED 5-0. 4 2F. HERITAGE ORCHARD WELL AND IRRIGATION PUMPING SYSTEM - AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Declare Maggiora Brothers Drilling, Inc. to be the responsible bidder on the project; award a construction contract for constructing Heritage Orchard well and irrigation pumping system to Maggiora Brothers Drilling, Inc. in the amount of $95,475.00; authorize staff to execute change orders to the contract up to$9,500. W AL TONSMTIH!KING MOVED TO DECALRE MAGGIORA BROTHERS DRILLING, INe. TO BE THE LOWEST BIDDER; AWARD CONTRACT IN THE AMOUNT OF $95,475; AND AUTHORIZE STAFF TO EXECUTE CHANGER ORDERS TO THE CONTRACT UP TO $9,500. MOTION PASSED 5-0. 2G. ORTHORECTlFIED AERIAL PHOTOGRAPHS APPROVAL OF PURCHASE STAFF RECOMMENDATION: Approve the purchase of ortho-rectified digital aerial photographs and operating hardware; authorize the City Manager to execute Amendment to the Cooperative Agreement. WALTONSMITH!KING MOVED TO APPROVE PURCAHSE OF ORTHO- RECTIFIED DIGITAL ARlERAL PHOTOGRAPHS AND OPERATING HARDWARE AND AUTHORIZE EXECUTION OF AMENDMENT TO THE COOPERATIVE AGREEMENT. MOTION PASSED 5-0. PUBLIC HEARINGS 3. SARATOGA SPEED ZONE STUDY STAFF RECOMMENDATION: Conduct public hearing and adopt ordinance. Morgan Kessler, City Engineer, presented staff report. Engineer Kessler stated that during the May 7, 2003 City Council meeting, staff presented Council with the results of the Saratoga Speed Zone Study, which was performed by Higgins Associates in 2002. Council directed staff to return with a Motor Vehicle Ordinance that would implement the recommended changes as presented in the Speed Zone Survey. Engineer Kessler reported that the recommendations of the Speed Zone Survey were presented to the Public Safety Commission early in 2002 for review, on which the recommendations were individually voted. All recommendations were accepted with the exception of the speed zones that resulted in an increase in speed. 5 Engineer Kessler eXplained that because of concern Council local residents and the Public Safety Commission the City traffic Engineer was asked to visit the neighborhoods where speed limit increases were recommended. Engineer Kessler pointed out that since last week's distribution of the staff report the Traffic Engineers has determined mitigating circumstances that provide justification to reject the recommendations of an increase in speed limit along the speed sections Allendale, Beaumont and Cox Avenue. Engineer Kessler stated that if Council chooses to approve the additional findings from the City's Traffic Engineer the Council could adopt them as an addendum. Engineer Kessler noted that Item #141isted in the May 4th Council, which established a speed limit along Saratoga Avenue at 40 mph, already exist in the City's Ordinance. Therefore, no change is needed to implement item #14. Councilmember Bogosian asked if the Council accepts the City's Traffic Engineer's findings could the Sheriff s office still write tickets with the current posted speed limits. Engineer Kessler responded yes, as long as the City accepts the Traffic Engineer's report. Councilmember King stated that along Saratoga Avenue and Prospect there is Saratoga High School and Foothill Elementary and asked what the speed limit along that segment was. Engineer Kessler responded that the speed limit is 40 mph except when children are present; a couple of spots are actually 45 mph. City Attorney Taylor stated that his office wasn't aware of the schools on this segment of street when they drafted the ordinance, he advises that Council adopt the findings ofthe Traffic Engineer with an amendment stating the exception are school zones. Vice Mayor Waltonsmith asked Mr. Rashid to explain the mitigations he found. Sorab Rashid, Fehr & Peers/City Traffic Engineer, eXplained that on Beaumont and Allendale the residential density supports not increasing the speed limit and on Cox Avenue it is not recommend for an increase due to pedestrian safety and crosswalk. Mayor Streit opened the public hearing. William Rollinson, 13650 Beaumont Avenue, stated that his family pet was killed on Beaumont. Mr. Rollinson stated that he is against raising the speed limit on Beaumont Avenue. Mr. Rollinson noted that in the past he went to the Public Safety Commission to express his concern, but nothing ever happened. Mr. Rollinson noted that he has four children that walk to school and requested that bike lanes and a stop sign be added on Beaumont Avenue. Mr. Rollinson noted that his neighborhood would support anything that would increase safety. 6 Councilmember King asked if he has seen higher traffic in his neighborhood since the re-opening of Congress Springs Park. Mr. Rollinson responded yes and also noted that the morning school traffic is also a problem. Mayor Streit closed the public hearing. Councilmember Bogosian stated that he supports the amended report and for the record stated that the key is enforcement and the City should make sure that we maintain the Sheriff s presence in Saratoga. Councilmember Bogosian stated that due to budget cuts one motorcycle deputy has been cut. W ALTONSMITH/BOGOSIAN MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE: DIRECT STAFF TO PLACE THE SECOND READING AND ADOPTION OF THE ORDICNE ON THE CONSENT CALEDAT FOR THE NEXT REGULAR COUNIL MEETING: STRIKE A, B, C FROM THE ORDINANCE AND THE EXCEPTION TO SPEED INCREASE ARE SCHOOL ZONES. MOTION PASSED 5-0. 4. LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT LLA-l PUBLIC HEARING - APPROVAL OF ENGINEER'S REPORT AND CONFIRMATION OF ASSESSMENTS FOR FY 2003-04 STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 03- 033 A RESOLUTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 2003- 2004 CITY OF SARATOGA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT LLA-l John Cherbone, Public Works Director, presented staff report. Director Cherbone stated that the resolution before Council this evening was the final resolution, which requires adoption in order to complete the renewal of the Landscaping and Lighting Assessment District LLA-l for FY 03-04. Director Cherbone stated that once adopted, the resolution approves the Engineer's Report and confirms the assessments for the upcoming fiscal year. Director Cherbone noted that all ofthe costs associated with the administration and operation of the Landscape and Lighting Assessment District were recovered via the assessments levied against the benefiting properties. Per City Council direction, indirect costs have been adjusted to reflect full cost recovery in the amount of$26,690. 7 Mayor Streit opened the public hearing. No one requested to speak on this item. Mayor Streit closed the public hearing. BOGOSINAlKLINE MOVED TO ADOPT RESOLTION ORDERING THE IMPROVEMENTS AND CONFIRMING THE DIAGRAM AND ASSESSMENT FISCAL YEAR 2003-2004 CITY OF SARATOGA LANDSCAPING AND LIGHTING. MOTION PASSED 5-0. 5. FISCAL YEAR 2003-04 OPERATING BUDGET STAFF RECOMMENDATION: Adopt resolutions that Establishes the FY 2003-04 Appropriation Limit, Establishes Expenditure Appropriations, Approving the Operating Budget and Establishes the FY 2003-04 Schedule of Fees. TITLE OF RESOLUTION: 03- 034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ADOPTING THE OPERATING BUDGET FOR FISCAL YEAR 2003-2004. TITLE OF RESOLUTION: 03- 035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA ESTABLISHING A SCHEDULE OF FEES TITLE OF RESOLUTION: 03- 036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARA TOGA ESTABLISHING THE FISCAL YEAR 2003-04 APPROPRIATION LIMIT FOR THE CITY OF SARATOGA Jesse Baloca, Director of Administrative Services, presented staff report. Director Baloca stated that staff was requesting that Council adopt three resolutions this evening: · Establish the City's Appropriation Limit for FY 03-04 · Adopt the budget for FY 03-04 · Establish a schedule of fees Councilmember King asked where the funds were for business development. Director Baloca stated that the budget was $123,000. Mayor Streit asked if it was part of the Economic Development budget 8 Director Baloca responded yes. Councilmember Kline asked if the $123,000 included salary. Director Baloca responded yes approximately $58,000 was for salary. Mayor Streit stated that he used Director Baloca' s power point presentation of the budget at a recent Rotary meeting and they were very impressed with his budgeting process. Mayor Streit commended Director Baloca. Director Baloca thanked the City's Directors and the Finance Commission for their help. Mayor Streit opened the public hearing. No one requested to speak on this item. Mayor Streit closed the public hearing. Councilmember Bogosian sated that he supports the proposed budget and noted hat it has not been an easy process. Councilmember Bogosian stated that the City has had to reduce law enforcement services by eliminating one motorcycle deputy and freezing one community service officer position. Councilmember Bogosian noted that he wanted the public to understand that these are the costs associated with the economic times we are in. Councilmember Bogosian asked how much a cost saving s was this to the City. Director Baloca stated the reduction is about $180,000 and in addition to the elimination of one deputy, the Sheriff s Department opted for zero merit increase for next fiscal year. Mayor Streit noted that prior to 1998 the City only had two motorcycle deputies. In 1998 two were added, so the City is going down to three. Councilmember Kline noted that he supports the proposed budget stating that it is very conservative. Councilmember Kline noted that the City could reestablish the eliminated motorcycle deputy at any time. W AL TONSMITH/KING MOVED TO ADOPT RESOL TUlONS IN REGARDS TO THE FY 03-04 BUDGET. MOTION PASSED 5-0. Mayor Streit reopened Oral Communications. Mitch Cutler, 14480 Oak Place, provided a brief history of the problems he has been facing with his neighbors and all of the code violations they have filed against him. Mr. Cutler stated that he felt Director Tom Sullivan has been harassing him and has failed to his job. Mr. Cutler requested that Director Sullivan should be removed from his position immediately. Councilmember Bogosian asked what the City's procedure is in response to complaints. 9 City Attorney Taylor eXplained that the City responds to the urgency of the complaint, investigates it Consensus of the City Council to direct the Mayor and City Manager to write a letter in response to Mr. Cutler's remarks. OLD BUSINESS 6. BLUE HILLS TRAFFIC IMPROVEMENT PLAN STAFF RECOMMENDATION: Accept Traffic Improvement Plan; Authorize expenditure of $2,700 for signs. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that at the December 4, 2002 City Council meeting staff presented the Blue Hills Traffic Improvement Plan for the first time. At that time many neighbors and parents appeared and most spoke against at least part of the plan and complained of having no opportunity for input to the plan. At that meeting Council did approve construction of a bike path along Goleta and funded a crossing gnard at KnoIlwood for immediate implementation. The Council directed staff to hold an additional community input meeting to gain feedback from those affected and to have the Public Safety Commission review the input and revisit their initial recommendation. Once those actions were complete, staff was directed to bring back the plan to Council for further consideration. Assistant City Manager Tinfow stated explained that the bike path has been completed and staff has been unable to arrange for a crossing guard for a number of reasons and seek additional direction. Assistant City Manager Tinfow explained that two community input meetings were held and all comments from those two meetings were forwarded to the Public Safety Commission for discussion at their March 13, 2003 meeting. The Public Safety Commission concluded their review and agreed to recommend a package that includes a memo, a revised hardscape map and a comparison table, a softscape narrative, an enforcement plan, and steps to measure success. Assistant City Manger Tinfow noted that the revised recommendations were developed using all information and has the support of school officials and most neighborhood residents and parents who attended the meetings. Vice Mayor Waltonsmith asked why staff could not find a crossing guard. Assistant City Manager Tinfow eXplained that staff discovered that the City pays half, $3,500, towards crossing gnards at the other schools and the schools provide the guards. Neither Blue Hills School nor the City has a way to provide a crossing guard. Staff is recommending Council approve $10,000 to contact with All City Management Services for crossing guard service for Blue Hills for school years 2003-04. 10 Councilmember King referred to the proposed "No Stopping Sign" on DeSanka, there is no stopping between the hours of7:30 a.m. and 8:30 a.m." and asked ifthe Public Safety Commission is saying that it's unsafe during those hours then in the afternoon. Assistant City Manager Tinfow explained that everyone agreed that it was a safety concern and stated that the behavior of the parents is different in the afternoon, the traffic is less and there is less confusion. Mitch Kane, Chair/ Public Safety Commission, stated that he concurred with Assistant City Manger Tinfow that the behavior of the parents is different in the morning, there is a much higher density of traffic, traffic is going both north and south, and parents park on either side of the street that have no sidewalks. Mayor Streit stated that most ofthe schools that have addressed traffic problems in the past have implemented many mitigating procedures. Mayor Streit stated that he thinks the school parking lot is too small and he does not see the school district coming up with a plan to reroute the traffic through their property and less on the streets of Saratoga. Mayor Streit stated that the solutions are not on the streets implementing red curbs, signs and restricting movements on the streets. Mayor Streit stated that the solutions are on the properties of the schools. Mayor Streit stated that most of the other districts have worked well with the City in joint ventures to solve traffic problems. Mayor Streit stated that he only sees a few softscape items, not any improvements to their facility to solve the problems. Mayor Streit stated that the problems have not been solved and when this issues comes back before Council in December he would side with the neighborhood. Mayor Streit stated that the Council's goal is to protect the character of the neighborhood and if the school district isn't willing to make substantial improvements to their facility the City will solve the issues with the neighborhood. Mayor Streit stated that this is a bad plan. Chair Kane stated that the Public Safety Commission would agree with Mayor Streit that the other schools traffic improvements have worked well. Chair Kane stated that in this plan they attempted to really minimize the impact of the neighborhood. Unfortunately Blue Hills does not have onsite drop-off and pick-up areas. Vice Mayor Waltonsmith stated that Council received a letter from Jeanne Carter requesting signage on the pavement at DeSanka and at the end of Goleta and Seagull and suggested that a florescent green school sign be installed in the at area. Chair Kane stated that during the discussions of this plan, the existing infrastructure was discussed and staff was going to work with the Public Works Department to update the pavement and install the new signs. 11 Sorab Rashid, Fehr & Peers/City Traffic Engineer, stated that this plan is a compromised and noted that the softscape/hardscape can be adjusted in the future if patterns change. Engineer Rashid stated that he feels comfortable starting out with this plan. Jeanne Carter, 12688 Kinman Court, stated that she is a parent with 4th and 6th grader at Blue Hills School. Ms. Carter stated that the new plan is much more logical, but disagrees with the red zone on Goleta. Marcia Kerns, 20846 Meadow Oak Road, noted that she supports the current plan except for the red zone on Goleta Avenue. Marty Goldberg, 12325 Scully Avenue, noted that he has two boys at Blue Hills School. Mr. Goldberg noted that he objects to the "private" red zone on Goleta. Tom Soukup, 12340 Goleta Avenue, noted that he is the property owner that has the red zone in front of the house. Mr. Soukup noted that he supports the plan. In regards to the red zone, Mr. Soukup noted that he personally believes it is necessary because it is directly across from the one entrance into the schoolyard. The foot traffic and cars congregate in this area and present dangerous situations. Katie Alexander, 12340 Goleta Avenue, stated that the school district really doesn't care about the neighborhood and the parents only complain about the parking and the inconvenience of having to walk a little bit further. The residents are the only ones concerned about the quality of life and safety of the neighborhood. Ms. Alexander stated that this school has the worst parking of all the schools in Saratoga. Mrs. Alexander stated that she agrees with Mayor Streit that the real solution is another parking lot at the school. Joan Greene, 12350 Goleta Avenue, noted that the School District has not taken the responsibility in regards to the impact on the neighborhood. Ms. Greene stated that the parents, neighbors and the City Council should pressure the School Board to make adequate changes. John Klimek, 12235 Titus Avenue, noted that he supports the proposed traffic plan. Mr. Klimek stated he objects to the red zone on Goleta Avenue. Greg Burrows, 20802 Noranda Court, stated that he has two sons at Blue Hills School. Mr. Burrows thanked the Pubic Safety Commission's work. Mr. Burrows object to the red zone on Goleta Avenue. Lori Stafford, 19850 Kane Court, noted that she has two children at Blue Hills School. Ms. Stafford thanked everyone involved in this process. Ms. Stafford noted that she supports the plan. Ms Stafford noted that she agrees that another parking lot would help but with current State budget cuts she doesn't think it will happen in the near future. 12 Vice Mayor Waltonsmith noted that she knows that parking at Blue Hills is limited so the proposed plan is limited but it is the best we could do. Vice Mayor WaItonsmith noted that she supports the plan as is. Councilmember Kline noted that he would vote to support the plan. He will not be surprised if this issue is back in December of January. Councilmember Kline noted that the school is a bad design and it defiantly needs more parking. Councilmember Kline noted that although he will support the $10,000 to pay for the crossing gnard he doesn't think that the City should have to pay for it with the current budget situation. Councilmember Kline noted that the City has to continue these discussions in the future with the school district to come up with solutions to solve some of the Issues. Councilmember Bogosian noted that if the City had one school district instead of seven, we would not have these problems. Councilmember Bogosian noted he reluctantly would be supporting this plan. Councilmember Bogosian stated that the City should work to bring a unified school district to Saratoga. Councilmember King noted that she supports the plan and supports the limited no parking in the morning on DeSanka but feels it should have been limited all day. In regards to the red zone on Goleta, Councilmember King noted that she supports It. Mayor Streit noted that the only time this plan is going to work is when a sheriff deputy is there. Mayor Streit stated that this plan isn't going to work and it will come back next year. The parents need to get together wit the school district to come up with solution to the school sit itself. WALTONSMITH/MOVED TO ACCEPT TRAFFIC IMPROVEMENT PLAN AND AUTHORIZE EXPENDITURE OF $2,700 FOR SIGNS. MOTION PASSED 5-0. W ALTON SMITH/ KLINE APPROVE $10,000 TO CONTRACT WITH ALL CITY MANAGEMENT SERVICES FOR CROSSING GUARD SERVICE FOR BLUE HILLS FOR SCHOOL YEARS 2003-04 AND AUTHORIZE THE MAYOR TO SENT A FORMAL LETTER TO THE BLUE HILLS SCHOOL BOARD EXPRESSING THE CITY'S DESIRE TO WORK WITH THE SCHOOL TO EXPLORE ADDITOANL PARKING ALTERNATIVES. MOTION PASSED 5-0. 7. REDBERRY ANNEXATION DISCUSSION STAFF RECOMMENDATION: Discuss the annexation process John Livingston, Associate Planner, presented staff report. 13 Planner Livingstone eXplained that at the may 21,2003 City Council meeting the City Council directed staff to take steps necessary top proceed with annexation of four parcels of land on Redberry Drive adjoining the City limits. Planner Livingstone stated that the staff report describes the process and timeline for the annexation. Planner Livingstone described the process stating that the Cortese-Knox-Hertzberg Local Government Reorganization Act of2000 provides that cities in Santa Clara County may proceed independently ofLAFCO in processing annexation applications within the City's urban service area. The Act requires, however, that the City follow the procedures used by LAFCO to the extent practicable. The Act establishes a three-part process for annexations: 1) Initiation of Annexation 2) Protest Proceeding 3) Approval of Annexation. Planner Livingstone went on to explained each of the three steps. Planner Livingstone stated that the estimated costs are approximately $21,000. Staff time is charged at a cost of$55.00 an hour to an applicant based on a deposit account. Wanda Kownacki, 19280 Bainter Avenue, noted that they received a continuance from the county during the design review level for a month and also learned that at the design review hearing that the house they thought was about 7,000 square feet in size is actually over 8,300 square feet in size. Mrs. Kownacki noted that Mr. Kim Fennel has authorized removal of his property from the annexation process if it would help to facilitate process. Mrs. Kownacki stated that the neighbors would pay to hire a licensed surveyor. Consensuses of the City Council to drop the Fennel property and move ahead quickly with the other three properties on Redberry Drive; Director Sullivan to work with the neighbors to be fiscally responsible on both sides. 8. APPROVAL OF DESIGN PLANS FOR PLAYGROUND AND PARK IMPROVEMENTS AT EL QUITO PARK STAFF RECOMMENDATION: Approve design plans. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist stated that at the May 21,2003 City Council meeting, Council directed staff to arrange a site visit at El Quito Park and requested staff to place reduced drawings in their Council packet for review. The site visit was arranged for Friday May 30, 2003. Analyst Bloomquist stated that the drawings in the packet represent the final design for El Quito park. The parks and Recreation Commission, the task force and the attending members of the community, fully support this design. 14 Analyst Bloomquist stated that if approved, staff would go to bid for construction of this project in late summer. Demolition and replacement of the play equipment at this park will be delayed until September 2003 because of summer camps. WALTONSMITH/KING MOVED TO ACCEPT DESIGN PLAN FOR EL OUlTO PARK. MOTION PASSED 5-0. 9. SARATOGA LffiRARY PROJECT UPDATE STAFF RECOMMENDATION: Accept report. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow reported that following: . Bud!!et Status - $14,731,151- (total costs both committed and change requests) . Construction Schedule - Thompson Pacific continues to finish work. No new information at this time. Assistant City Manager Tinfow eXplained that there are still some odds and ins that have to be completed. We have not met all the commitments for substantial completion hoping it will happen by Friday. The project hasn't passed the Fire Inspection, which is holding up the issuance of the Occupancy Permit. Assistant City Manager Tinfow eXplained that the Library Expansion Commission unanimously passed a motion to request that if the library hasn't receive the Occupancy Permit by Friday, the Mayor Should write a letter to Thompson Pacific. Councilmember Bogosian added that the computer cabling still hasn't been hooked up. Councilmember King asked if the library would open on June 9,2003. Assistant City Manager Tinfow responded that she expects it to open a few days after June 9, 2003, but she would know more on Friday. Mayor Streit asked what Gilbane thinks of the situation. Assistant City Manager Tinfow explained that Dustin (the Project Manager) has stated that he is doing everything within his power to make Thompson perform to keep with the dates of completion. Councilmember Bogosian stated that Dustin is doing an admirable job. Consensus of the City Council to direct the Mayor to make an casual, informal phone call to Mr. Peter Thompson of Thompson Pacific and then, if the occupancy permit is not issued by Friday, to direct the Mayor to send a letter to Mr. Thompson Mayor Streit thanked Assistant City Manager Tinfow for her update. 15 10. SANTA CLARA COUNTY LIBRARY JPA LEASE STAFF RECOMMENDATION: Review lease; provide direction; authorize City Manger to execute agreement. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that in March 2003, staff asked Council for direction on a number of remaining lease terms. Assistant City Manager Tinfow explained the issues and final direction in regards to the lease as follows: Alterations, additions and maintenance - remains the same with the exclusion of the carpet. The Library may replace the carpet without City approval. Termination - this section is now consistent with Language in the Library JP A agreement. Term Length - the lease now expires in 30 years. City Council use of Community Room - any reference to City use of this room has been removed from the lease. Art Wall Surface -Installation of acoustic panels on the "art wall" is proceeding. Art Policy - The Library will not be required to comply with the City's art policy. The Saratoga Librarian and the Art Commission will informally manage use of the art wall under a separate agreement. Exhibits will comply with the Library's Exhibit Policy. Arbitration instead of Direct Litigation - The Library counsel has requested that binding arbitration be implemented to resolve any differences between the City and the JP A. City Attorney and staff agree. W ALTONSMITH/ KLINE MOVED TO ACCEPT THE LEASE AND AUTHORIZE CITY MANGER TO EXECUTE LEASE. MOTION POASSED 5-0. NEW BUSINESS 11. REQUEST FOR FINANCIAL SUPPORT FOR STUDENT FILM PRODUCTION STAFF RECOMMENDATION: Consider providing financial or in-kind support. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow eXplained that at the May 21, 2003 City Council meeting Jonathan Judelson, who is a University of Southern California student and Saratoga resident, spoke under Oral Communications explaining that he would like to shoot two scenes of his student film in the Village. Mr. Judelson requested that the Council waive the $500 motion film fee, financial contribution of $2000 or waive the Deputy's fee which is $67.00 per hour 16 Jonathan Judelson, 13785 Lexington Court, reiterated his initial request and explained that the two scenes would only be approximately 45 seconds of total screen time of the finished film. The two scenes would be outside of Blue Rock and the other is taking place in front of the Corinthian Florist. Councilmember Kline asked if this film was a school project. Mr. JudeIson responded no it was not a school project, but it would go in his portfolio. Adam Judelson, 13785 Lexington Court, stated that he was Jonathan's brother and the film's publicist. Mr. Judelson went on to explain the positive experience this would have on his brother's future and how the Council could support the "Arts" by supporting his brother's film. Vice Mayor Waltonsmith noted that due to major budget problems the City has had to cut out one sheriff's position. Vice Mayor Waltonsmith noted that she has a problem giving money, but on the other side she has been trying to promote the arts. Vice Mayor WaItonsmith stated that if the Saratoga Community Foundation was up and running this would be a place where the City could advice Mr. Judelson to go for funds. Vice Mayor WaItonsmith stated that she has mixed feelings with getting involved in the arts because of the free expression. Vice Mayor WaItonsmith stated that she does not support making a contribution. Councilmember Bogosian stated that prefers not to set a president on waiving City fees or making contributions. CounciImember Kline noted that the City already waives fees so this should not be an issue. Councilmember Kline stated that he doesn't support making a contribution but is willing to waive the film permit. . Councilmember King stated that she supports waiving the fee but agrees with Councilmember Kline and doesn't support making a contribution. Vie Mayor Waltonsmith noted that she could support waiving the fee. Mayor Streit stated that he supports waiving the $500 fee. KLINE/KING MOVED TO WAIVE THE $500 FILM PERMIT FEE. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSED. 12. WILDLIFE CENTER OF SILICON VALLEY STAFF RECOMMENDATION: Additional $352.52 to the wildlife center Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that starting in 2002, funding for the Wildlife Center was added to the scope of the Silicon Valley Animal Control authority. In 2003, the Wildlife Center requested an increase in the contribution 17 made by the JP A. Because 0 budget issues each City faced, the JP A Board chose not to fund the requested increase. Assistant City Manager Tinfow explained that in March, each City received a letter requesting additional funds directly. The Wildlife Center is requesting that the City Council allocate an additional $352.52. BOGOSIAN/KLINE MOVED TO AUTHORIZE AN ADDITIONAL $352.52 TO THE WILDLIFE CENTER OF SILICON VALLEY. MOTION PASSED 3-2 WITH WALTONSMITH AND STREIT OPPOSED. 13. CITY-WIDE SIGNAL UPGRADE PROJECT (FEDERAL PROJECT ID CML-5332 (005)) - AWARD OF CONSTRUCTION CONTRACT STAFF RECOMMENDATION: Declare Republic Electric the lowest bidder; award construction contract in the amount of $44 1,000; authorize City Manager to execute contract; authorize staff to execute change orders up to $44,000. Morgan Kessler, City Engineer, presented staff report. Engineer Kessler explained that sealed bids for the City-wide Signal Upgrade project were opened on may 23,2003. Republic electric of Nova to submitted that sole bid of $441,000.00, which was 2% below the Engineer's Estimate of $450,000.00. Staff has carefully checked the bid along with the listed references and has determined that the bid is responsive to the Notice ofInviting Bids. Engineer Kessler stated that the majority of funding for this project would be provided through a Federal Highway Administrative award, with a matching State Transportation Improvement Program (STIP) award, and City funding. Engineer Kessler noted that the scope of work includes all materials, equipment, and labor to upgrade the traffic signal controllers throughout the City to NTCIP compliance to prepare them for future "smart corridor" coordination with the County. In addition, the traffic controllers will receive new software, and will be interconnected via wireless technology where current interconnection is made via underground. Engineer Kessler stated that staff recommends that Council declare Republic Eclectic to be the lowest responsible bidder on the project, and award a construction contract to this firm in the amount of their bid. It is also recommend that Council authorize staff to execute change orders up to an amount of $44,000. W AL TONSMITH/ BOGOSIANMOVED TO DECLARE REPUBLIC ELECTRIC THE LOWEST BIDDER: AWARD CONSTRUCTION CONTRACT IN THE AMOUNT OF $441,000: AUTHORIZE CITY MANAGER TO EXECUTE CONTRACT: AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS UP TO $44,000. MOTION PASSED 5-0. 18 COMMISSION ASSIGNMENT REPORTS None CITY COUNCIL ITEMS None OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit adjourned the meeting at 11 :00 p.ll. RespectfuIl y submitted, Cathleen Boyer, CMC City Clerk 19