HomeMy WebLinkAbout01-19-2005 City Council Minutes
MINUTES
SARATOGA CITY COUNCIL
JANUARY 19,2005
The City Council of the City of Saratoga held a Joint Session with the Saratoga Seni?r
Coordinating Council (SASCC) in the Administrative Conference Room, 13777 FruItva1e
Avenue, at 6:00 p.m.
The following SASCC Board members were present: President John Feemster, Ron
Duffin, Ethel James, Dave Duffy, Masami Ishikawa, David Meeker, Barbara Mendenhall,
Aki Okuno, Helen Riley, Susy Siegler, Gloria Watson, and Prances Wasserman.
President Feemster briefly highlighted the following information regarding SASCC:
. Mission statement
. Services provided
. Senior Center problems
. SASCC History
. SASCC Operations
. Demographics
. Growth Limitations
. SASCC Endowment
. Space Needs
Mayor King thanked the SASCC Board for attending tonight's Joint Session.
The City Council met in Closed Session in the Administrative Conference Room, 13777
Fruitvale Avenue, at 6:30 p.m.
Mayor King called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
Mayor King noted that this meeting was dedicated in memory of Tarmny Chen. Mayor
King noted that Tarmny passed away this past weekend.
Conference With Labor Negotiators (Gov't Code 54957.6):
Agency designated representatives: Lorie Tinfow, Assistant City Manager
Employee organization: Non SEA Members
ROLL CALL
PRESENT:
ABSENT:
ALSO
PRESENT:
Councilmembers Aileen Kao, Nick Streit,
Ann Waltonsmith, Vice Mayor Norman Kline,
Mayor Kathleen King
None
Dave Anderson, City Manager
Lorie Tinfow, Assistant City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Michele Braucht, Administrative Services Director
John Livingstone, Interim Community Development Director
John Cherbone, Public Works Director
Thomas Scott, Facilities Supervisor
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 19,
2005
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of January 19, 2005 was properly posted on January 14, 2004.
ORAL COMMUNICATIONS
The following people requested to speak at tonight's meeting:
Citizen Ray updated the City Council on the Highway 9 Safety Improvement Project and
noted that the VTA approved the grant application submitted by the City of Monte
Sereno and the City of Saratoga.
COMMUNICATIONS FROM COMMISSIONS
John Feemster, President of SASCC, noted that the earlier this evening the Board meet
with the City Council. President Feemster highlighted the accomplishments and future
goals of SASCC.
COUNCIL DIRECTION TO STAFF
None
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
1. APPOINTMENT AND OATH OF OFFICE FOR THE LIBRARY
COMMISSIONERS
STAFF RECOMMENDATION:
Adopt resolution and administer Oath of Office.
RESOLUTION: 05-002
W ALTONSMITH/KLINE MOVED TO ADOPT RESOLUTION
APPOINTING CHIOU AND STINE TO THE LIBRARY COMMISSION.
MOTION PASSED 5-0.
City Clerk Boyer administered the Oath of Office to Alice Chiou and Bonnie
Stone.
SPECIAL PRESENTATIONS
2. PRESENTATION BY SANTA CLARA VALLEY WATER DISTRICT
STAFF RECOMMENDATION:
Informational only.
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Greg Zlomick, Santa Clara County Water District Board ~ember, pr.esented a
status report on the completed projects in Saratoga inc1udmg the sedIment removal
project around the Comer Debris Basin.
Mr. Zlomick announced that the deadline for 2005 grant opportunities for Measure
B monies was March 30, 2005.
Mr. Zlomick explained that the Water District's funding was also hit by the
Governor's take-a-ways. The District lost $51 million dollars in property taxes
with the last 18 months.
Bob Wallace noted that he feels the sediment removal project was a waste of
money. Mr. Wallace stated that after a few more days of rain the sediment level
would be at the exact spot as it was before the project.
Lawrence Ives noted that he has owned his property located at 20937 Comer
Drove for the past 11 years. Mr. Ives stated that the District has confirmed that
there is no reason to remove the bridge.
Mayor King thanked Mr. Zlomick for the update.
CONSENT CALENDAR
3A. APPROVAL OF CITY COUNCIL MINUTES -DECEMBER 15, 2004
STAFF RECOMMENDATION:
Approve minutes.
KLINE/STREIT MOVED TO APPROVE MINUTES OF JANUARY 5, 2005.
MOTION PASSED 5-0.
3B. REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
KLINE/STREIT MOVED TO APPROVE CHECK REGISTER. MOTION
PASSED 5-0.
3C. TREASURER'S REPORT FOR THE MONTH ENDED DECEMBER 31,2004
STAFF RECOMMENDATION:
Accept report.
KLINE/STREIT MOVED TO ACCEPT TREASURER'S REPORT. MOTION
PASSED 5-0.
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PUBLIC HEARINGS
RESOLUTION ORDERING THE ABATEMENT OF A PUBLIC
4. NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION
STAFF RECOMMENDATION:
Conduct public hearing and adopt resolution.
RESOLUTION: 05-003
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer noted that the attached resolution represented the second step in
Saratoga's Hazardous Vegetation Abatement Program administered by the Office
ofthe Agricultural Commissioner.
City Clerk Boyer explained that the Commissioner has sent owners of the parcels
requiring weed abatement two notices informing them that the weeds must be
abated, either by the owners or by the County. The notice also informed them that
they may present objections at tonight's public hearing.
City Clerk Boyer pointed out that Debbie Carver, Program Coordinator/Office of
the Agricultural Commissioner, was present this evening to answer any questions
Councilmembers may have on this topic.
KLINE/W ALTONSMITH MOVED TO ADOPT RESOLUTION ORDERING
THE ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL OF
HAZARDOUS VEGETATION. MOTION PASSED 5-0.
OLD BUSINESS
5. RESOLUTION OF SUPPORT FOR RELOCATING THE FARMERS'
MARKET TO WEST VALLEY COLLEGE
STAFF RECOMMENDATION:
Adopt resolution.
RESOLUTION: 05-005
Dave Anderson, City Manager, presented staff report.
City Manager Anderson explained that an appeal hearing for the use permit for
Farmers' Market operations at Saratoga High School was held on December 1,
2004. At that hearing the school district stated that they would not be renewing
the lease with the market, which expires on May 18, 2005. The reasons for the
non-renewal are the progressive intensification of use at the high school site and
subsequent neighborhood complaints, and the spring opening of the Performing
Arts Center near the current location of the market. At the meeting, West Valley
College was mentioned as one of the only locations in Saratoga with sufficient
space for the market and adequate parking.
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City Manager Anderson noted that as a follow-up to the public hearing, the City
Council directed staffto contact West Valley College to inform them of the loss .of
lease by the market at the high school site and the referral to t~e college. The CI~Y
Manager contacted the President of West Valley College, PhIl Hartley, who saId
that the market had already made an initial contact. Subsequently, a proposal was
submitted by the California Farmers' Markets Association to the college for the
use of the West Valley College as the site of a relocated Saratoga Farmers'
Market.
City Manager Anderson noted that in his response letter, President Hartley stated
that the college would seriously consider the proposal. He also stated that "The
elements of this consideration will include input from the City of Saratoga,
response from the community in general and our immediate neighbors in specific,
consideration by our Board of Trustees and routine cost/logistical issues (not
necessarily in that order)."
City Manager Anderson stated that this agenda item is intended to provide the City
Council with a vehicle to express its support for relocation of the Saratoga
Farmers' Market to West Valley College. It will also provide feedback to the
College Board of Trustees that they can use in their deliberations on the agreement
with the California Farmer's Markets Association.
City Manager Anderson pointed out that seeking to be a good neighbor on issues
that might have a neighborhood impact, the college has mailed out a survey to the
40 closest neighbors to solicit their opinions regarding relocating the Farmers
Market to the college.
A discussion took place in regards to the conditional use permit that was adopted
by the Council a few weeks ago. Further discussion amongst the Council in
regards to new conditions of approval for operations at the College.
City Attorney suggested amending the proposed resolution to include the
following statement, "The City Council of the City of Saratoga supports the
relocation ofthe Farmers' Market to West Valley College and looks forward to
considering the issues further through the use permit process".
W ALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION AS
AMENDED IN SUPPORT OF RELOCATING FARMERS' MARKET TO
WEST VALLEY COLLEGE. MOTION PASSED 5-0.
NEW BUSINESS
6. SARATOGA GATEWAY PROJECT - AWARD OF BID
STAFF RECOMMENDATION:
1. Move to declare Golden Bay Construction to be the lowest responsible bidder on
the proj ect.
2. Move to authorize staff to execute change orders to the contract up to $125,000;
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3. Approve hourly contract proposal with Paul J en.sendfor .dthedith' catGedt p ,iect
construction/engineering inspection work associate Wl e a eway rOJ ,
not to exceed $30,000. . .'
4. Approve change order Design Studios West for construchon engmeenng on an
as-needed basis, not to exceed $10,000.
5. Approve change order authority with existing contract with Gachina Landscape
to complete the median restoration work along Saratoga-Sunnyvale Road, not to
exceed $25,000.
John Cherbone, Public Works Director, presented staffreport.
Director Cherbone stated that sealed bids for the Saratoga Gateway Project were
opened on November 23, 2004. A total of four contractors submitted bids.
Golden Bay Construction submitted the lowest bid of$2,707,622.
Director Cherbone noted that following the bid opening, negotiations were made
with the contractor to eliminate certain add alternate items, and modify the scope
of work in order to accomplish the project within budget. The resulting proposal
from Golden Bay Construction is $2,222,633.
Director Cherbone described the scope of work and noted that because of the
relatively large scope ofthis project and the consequential need for dedicated
supervision, staff was recommending hiring a dedicated Engineering Inspector on
an hourly contractual basis.
STREIT/KLINE MOVED TO APPROVE STAFF RECOMMENDATIONS.
MOTION PASSED 5-0.
7. BUILDING INSPECTOR POSITION VACANCIES
STAFF RECOMMENDATION:
Council designate at least one Building Inspector position as "essential" and
authorize City Manager to fill one vacancy at this time.
Lorie Tinfow, Assistant City Manager, presented staff report.
Assistant City Manager Tinfow pointed out that on Monday, January 3,2005,
Building Inspector Jeff Britton submitted his letter of resignation effective January
21, 2005. Later that week, Building Inspector Jim Southerland submitted a letter
of intent to retire effective March 2005. As a result of the two vacancies, staff
requests permission to start recruitlnent activities to fill at least one position with
direction on filling the second position to be included in this year's budget
discussions.
STREIT/W ALTONSMITH MOVED TO DECLARE ONE BUILDING
INSPECTOR'S POSITION "ESSENTIAL" AND AUTHORIZE THE CITY
MANAGER TO FILL THE VACANCY. MOTION PASSED 5-0.
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8.
CONGRESS SPRINGS PARK VERTICAL BYPASS DRAINAGE
PROJECT: INCREASE CHANGE ORDER AUTHORITY FOR
ADDITIONAL WORK
STAFF RECOMMENDATION: .
Increase change order authority in the amount of$78,500; adopt resolutIOn.
RESOLUTION: 05-004
John Cherbone, Public Works Director, presented staffreport.
Director Cherbone stated that a contract was awarded to Colony Landscape &
Maintenance in August 2004 for the Congress Springs Park Vertical Bypass
Drainage Project. This project would vastly improve the playfield drainage at the
park, allowing earlier play after a rain event. Surface ponding would also be
significantly reduced.
Director Cherbone noted that the original contract amount of field area to be
treated was 92,000 square feet. This equated to a unit price of$0.73 per square
foot. A recent donation by the Saratoga A YSO would allow approximately 25,000
square feet in additional field area to be treated.
Director Cherbone noted that the total cost of this work would be $73,500.
W ALTONSMITHlKAO MOVED TO ADOPT RESOLUTION AMENDING
THE BUDGET FOR FY2004/2005 TO APPROPRIATE FUNDS TO PAY
FOR ADDITIONAL DRAINAGE WORK AT CONGRESS SPRINGS
PARK. MOTION PASSED 5-0.
9. RELEASE OF SECURITIES IN THE AMOUNT OF $300,000 POSTED
FOR UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES
ALONG SARATOGA-SUNNYVALE ROAD
STAFF RECOMMENDATION:
Authorize the Public Works Director to release security totaling the amount of
$300,000 posted by Argonaut Associates, LLC and Saratoga Courtyards, LLC.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained the background of this project noting that this was
part of the application for expansion and renovation at Argonaut Shopping Center
in 1997.
Director Cherbone noted that after discussing the project with a PG & E senior
engineer, the recommendation is not to bury the lines along Saratoga Courtyards
for the following reasons:
. Two large transition towers would be required - would have a negative
impact on the neighborhood
. Exception from Rule 20 would be required for under grounding of high -
voltage transmission circuits
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. Cost of the two towers would be $500,000 with an additional $100,000 for
under grounding of 120 linear feet along Saratoga Courtyard frontage.
W ALTONSMITHlKAO MOVED TO AUTHORIZE HE PUBLIC WORKS
DIRECTOR TO RELEASE OF SECURITIES IN THE AMOUNT OF
$300.000 POSTED BY ARGONAUT ASSOCIATES, LLC. MOTION
PASSED 5-0.
10. REPLACEMENT OF CITY COUNCIL DIAS MICROPHONES
STAFF RECOMMENDATION:
Accept report, select microphone type; adopt resolution.
RESOLUTION: 05-006
Thomas Scott, Facilities Supervisor, presented staff report.
Supervisor Scott explained the problems the City Council have been experiencing
with the sound system in the Civic Theater during City Council meetings.
Supervisor Thomas pointed out that within the month the City would be going out
to bid on a new sound system for the Civic Theater Drama Groups. The funding
for this project is from the $1 per ticket surcharge collected from these same
groups. Supervisor Thomas noted that this project would include replacing all of
the speakers.
Supervisor Thomas stated that along with the change in speakers in the theater, it
has been recommended that the City purchase microphones with longer
goosenecks. City Council members would not have to move forward each time
they wanted to speak into the microphones.
Supervisor Thomas described the two types of microphones and the costs.
W ALTONSMITHlKAO MOVED TO ADOPT RESOLUTION AMENDING
THE 2004-2005 BUDGET FOR AN APPROPRIATION OF FUNDS TO BE
ALLOCATED TO BUY 18" GOOSENECK MICROPHONES, WITH
ON/OFF SWITCHES, FOR THE COUNCIL DIAS. MOTION PASSED 5-0.
AGENCY ASSIGNMENTS
Mayor Kathleen King had no reportable information.
Vice Mayor Norman Kline reported the following information:
Librarv Joint Powers Association - described the two measures (A&B) that would be on
the May 2005 ballot.
Councihnember Nick Streit had no reportable information.
Councilmember Aileen Kao reported the following information:
Chamber of Commerce - resignation was submitted by the Executive Director, Kristen
Davis
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Councihnember Ann Waltonsmith reported the following information: .
KSAR Communitv Access TV Board - Assistant City ~anager Lone Tmfow attended
the last Board meeting and provided a budget presentatIOn.
CITY COUNCIL ITEMS
Referring to the grant opportunities mentioned by Mr. Zlotnick earlier this evening,
Councihnember Streit requested that staff apply for these grants.
Councihnember Waltonsmith asked if the City responded to the draft Annexation Policy
written by the County.
Interim Community Development Director Livingstone noted that he would be attending
a meeting at LAFCO on Monday in regards to this policy.
Mayor King announced that the 4th Annual Mustard Walk would be held on February 6,
2005. Mayor King reminded that Council that on January 20,2005, Supervisor Liz Kniss
would be giving her "Sate ofthe County" address.
OTHER
None
CITY MANAGER'S REPORT
None
ADJOURNMENT
er business Mayor King adjourned Closed Session at 10:00 p.m.
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