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HomeMy WebLinkAbout03-20-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL MARCH 20, 2002 The City Council of the City of Saratoga met in Open Session in the Administrative Conference Room at 5:00 p.m. to interview applicants for the Arts Commission and the Public Safety Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 5:40 p.m. Public Employee Discipline/Dismissal/Release (Government Code section 54957.6 Conference With Legal Counsel -Existing Litigation (3 cases): (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Clara County Superior Court No. CV-803540) 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: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) 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 Dave Anderson, City Manager, to 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 Tom Sullivan, Community Development Director John Livingstone, Assistant Planner Lata Vasudevan, Associate Planner Cary Bloomquist, Administrative Analyst Danielle Surdin, Economic Development Coordinator REPORT OF CITY CLERK ON POSTING OF AGENDA FORM MARCH 20, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 20, 2002 was properly posted on March 15, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS No one requested to speak at tonight's meeting: COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF None ANNOUNCEMENTS None CEREMONIAL ITEMS lA. RESOLUTION COMMENDING JOSEPH AND MICHELLE MASEK OWNERS OF LA MERE MICHELLE- 30TH ANNIVERSARY STAFF RECOMMENDATION: Present commendation. Mayor Streit read the commendation and directed the City Clerk to forward the commendation to Mr. and Mrs. Masek. 1B. ADOPT RESOLUTION AND ADMINISTER OATH OF OFFICE OF PUBLIC SAFETY COMMISSION MEMBER BRIDGETT BALLINGALL STAFF RECOMMENDATION: Adopt Resolution and administer Oath of Office. TITLE OF RESOLUTION: 02-028 Minutes 2 March 20, 2002 RESOLUTION FO THE CITY COUNCIL REAPPOINTING DORA GRENS TO THE HERITAGE PRESERVATION COMMISSION BOGOSAIN/MEFIAFFEY MOVED TO ADOPT RESOLUTION REAPPOINTING DORA GRENS TO THE HERITAGE PRESERVATION COMMISSION. MOTION PASSED 5-0. Cathleen Boyer, City Clerk, administered the Oath of Office to Dora Grens. 1C. ADOPT RESOLUTION AND ADMINISTER OATH OF OFFICE OF PUBLIC SAFETY COMMISSION MEMBER BRIDGETT BALLINGALL STAFF RECOMMENDATION: Adopt Resolution and administer Oath of Office. TITLE OF RESOLUTION: 02-029 RESOLUTION FO THE CITY COUNCIL REAPPOINTING BRIDGETT BALLINGALL TO THE PUBLIC SAFETY COMMISSION BOGOSIAN/MEHAFFEY MOVED TO ADOPT RESOLUTION REAPPOINTING BRIGITTE BALLINGALL TO THE PUBLIC SAFETY COMMISSION. MOTION PASSED 5-0. Mayor Streit noted that Commissioner Ballingall was unable to attend tonight's meeting. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. Councilmember Mehaffey requested that item 2A be pulled from the Consent Calendar. Councilmember Mehaffey questioned a line item on page 3 in regards to hand written checks. Councilmember Mehaffey noted that there were a few charges for less than $6.00, but $25.00 of petty cash were issued. Councilmember Mehaffey requested an explanation. City Manager Anderson explained that whenever he has cash left over he turns it in. Councilmember Mehaffey asked how the money is reconciled at the end of the month. City Manager Anderson noted that he turns in a spreadsheet every month. Minutes 3 March 20, 2002 Councilmember Mehaffey noted that he wants to make sure the City has proper petty cash financial accounting. MEHAFFEY/WAI,TONSMITH MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 2B. FEBRUARY FINANCIAL REPORT STAFF RECOMMENDATION: Accept reports. Councilmember Mehaffey requested that item 2B be pulled from the Consent Calendar. Councilmember Mehaffey pointed out that within the General Fund there are a lot ofsub-funds, and requested that these funds be broken out more. Director Baloca responded that in the future he would show the funds in all the different reserves. BOGOSIAN/MEHAFFEY MOVED TO ACCEPT FINANCIAL REPORT. MOTION PASSED 5-0. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES - MARCH 13, 2002 STAFF RECOMMENDATION: Note and file. BAKER/WALTONSMITH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2D. FINAL MAP APPROVAL FOR SIX LOTS LOCATED AT 14230 SARATOGA-SUNNYVALE ROAD STAFF RECOMMENDATION: Adopt resolution and authorize execution of contract. TITLE OF RESOLUTION: SD-98-009 RESOLUTION FO THE CITY COUNCIL APPROVING THE FINAL MAP OF SD-98-009 14?,30 SARATOGA-SUNNYVALE ROAD BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION TO APPROVE FINAL MAP FOR PROPERTY LOCATED AT 14230 SARATOGA-SUNNYVALE ROAD. MOTION PASSED 5-0. Minutes 4 March 20, 2002 2E. CITY OF SARATOGA COMMISSION MISSION STATEMENTS STAFF RECOMMENDATION: Adopt resolution. Councilmember Waltonsmith requested that Item 2E be pulled from the Consent Calendar. Councilmember Waltonsmith stated that since the Arts Commission is fairly new, the Commission has not had adequate time for discussion and should be allowed to be allowed more time to come up with a more comprehensible Mission Statement. Also, Councilmember Waltonsmith noted that she feels the Mission Statement for the Heritage Preservation Commission is too short and the Public Safety Commission should have mention the various schools districts they interact with. Consensus of the City Council to re-agendize this item in the fixture. 2F. CONGRESS SPRINGS PARK IMPROVEMENTS -DUGOUT CONTRACTOR STAFF RECOMMENDATION: Approve invoice. BAKER/WALTONSMITH MOVED TO APPROVE INVOICE FROM J.R. CONSTRUCTION IN THE AMOUNT OF $21,600 FOR THE CONSTRUCTION OF THE SIX DUGOUT STRUCTURES AT CONGRESS SPRINGS PARK. MOTION PASSED 5-0. 2G. CONTRACT FOR SUPPLEMENTAL ACCOUNTING SERVICES STAFF RECOMMENDATION: Authorize execution of contract. Councilmember Mehaffey requested that item 2G be pulled from the Consent Calendar. Councilmember Mehaffey questioned if the total amount spent to date is $10,000 so the sum total would be $25,000. City Manager Anderson responded yes. MEHAFFEY/WALTONSMITH MOVED TO AUTHORIZE EXECUTION OF CONTRACT FOR SUPPLEMENTAL ACCOUNTING SERVICES. MOTION PASSED 5-0. Minutes 5 Mazch 20, 2002 9. RESOLUTION ENDORSING AB 2515 INTRODUCED BY ASSEMBLY MEMBER FRED KEELEY STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 02-017 RESOLUTION SUPPORTING AB2515 Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow noted that Assembly Member Keeley has introduced AB 2515, which would require community college districts to abide by use permit conditions that were originally proposed by those districts. Assistant City Manager Tinfow explained that the legislation directly affects the City of Saratoga because it would require West Valley -Mission College District to comply with the provisions of the City's use permit in which the District agreed that no stadium would be permitted at the West Valley campus. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION IN SUPPORT OF AB 2515. MOTION PASSED 5-0. For the record, Councilmember Bogosian stated that the City of Saratoga appreciates the efforts of the introduction of AB 2515 by Assembly Member Keeley. Councilmember Bogosian stated that the City's elected official was unable to follow through on AB613 that she tried to introduce last year. 10. ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS AND SILICON VALLEY INTER-REGIONAL PARTNERSHIP STAFF RECOMMENDATION: Consider the City of Saratoga's participation in the Association. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow noted that the Mayor received a letter from San Jose Mayor Ron Gonzales inviting him to participate in the Association of Monterey Bay Area Governments and Silicon Valley (AMBAG/SV) Inter Regional Partnership. Questions about why Saratoga had not received such a letter before as well as the purpose of the groups were raised and staff was asked to investigate and report back to Council. Assistant City Manager Tinfow explained that staff contacted a member of Mayor Ron Mayor Gonzales' staff and who revealed that they believed both an initial invitation to participate and quarterly agendas have been sent to Saratoga since the groups' inception in November 2000. Minutes 6 March 20, 2002 Assistant City Manager Tinfow stated that the staff person further reported that most other Santa Clara County cities have been participating either by having an elected official or a City Manager attend. Assistant City Manager Tinfow reported that she talked to Gillian Moran of Santa Clara County Cities Association who stated that she is very familiar with the group. Assistant City Manager Tinfow explained that the AMBAG/SV partnership was formed in November 2000 and meets quarterly. They are in the process of establishing an advisory committee of community representatives for organizations such as Greenbelt Alliance, the Sierra Club, Joint Ventures Silicon Valley, and Santa Clara Valley Transportation Authority as well as planning directors from a number of cities. Councilmember Bogosian noted that he is in favor of participating and is willing to split the duty with another Councilmember. Councilmember Baker noted that when the City of San Jose can prove that the City of Saratoga was invited to participate from the beginning, he would support it. Mayor Streit noted that he support the City's participation. BOGOSIAN//MEHAFFEY MOVED TO APPROVE PARTICIPATION IN THE ASSOCIATION OF MONTEREY BY AREA GOVERNMENTS AND SILICON VALLEY (AMBAG/SV) INTERREGIONAL PARTNERSHIP APPOINTING BOGOSIAN AND STREIT AS THE CITY'S REPRESENTATIVES. MOTION PASSED 4-1 WITH BAKER OPPOSING. PUBLIC HEARINGS 3. ALLOCATIONS FOR FY 2002/2003 COMMUNITY BLOCK GRANT (CDBG) FUNDS STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution. Lata Vasudevan, Assistant Planner, presented staff report. Planner Vasudevan explained that the Department of Housing and Urban Development (HUD) makes annual disbursements of Housing and Community Development Act (HCDA) funds for eligible projects and activities. Saratoga and several other "non-entitlement" cities (population under 50,000) within Santa Clara County receive federal HCDA funds for the Community Development Block Grant (CDBG) program. Non-entitlement cities receive funds through a cooperative agreement with the County of Santa Clara, the locally responsible grant recipient. Expenditure of these funds is restricted by federal and county regulations. Minutes 7 March 20, 2002 Planner Vasudevan explained that the total allocation to Santa Clara County for FY 2002/2003 is $2,584,000. Approximately 40% of these amounts are allocated to the competitive pool where funds are prioritized for projects and activities to increase the supply of affordable housing in the county. The remainder is disbursed to the non-entitlement cities for eligible projects. Planner Vasudevan explained that the City of Saratoga would receive $160,046 for locally identified projects, plus an additional $15,000 to cover program administrative expenses. Saratoga may allocate a maximum of $35,793 of its allocation for human service projects and actives. Planner Vasudevan explained that the City receive one Humane Service application and two CDBG applications. Planner Vasudevan noted that staff is recommending the following allocations: • $15,000 -Program administration fees • $20,000 -Mandatory contribution to provide County Rehabilitation program assistance to Saratoga • $50,000- Ongoing ADA improvements at Hakone Park • $35,793 -Saratoga Adult Day Care Program • $28,200 -Project Match • $26,053 -Saratoga-Sunnyvale Road ADA Curb Ramp Upgrade Project Planner Vasudevan noted that there is $25,365.96 in the Low Income Housing Project and $43,000 in the Sanitary Sewer Connection Project. Planner Vasudevan noted that staff is recommending that the Low Income Housing Project money, that has not been spent since 1997, should be reallocated the Saratoga-Sunnyvale Road ADA Curb Ramp Upgrade Project. In regards to the $43,000 in the Sanitary Sewer Connection Project fund, staff recommends that the amount remain in the Sewer Connection Project and be carried over to FY 2002/2003 and if no other grants are made after the first quarter of FY 2002/2003, staff recommends that the remaining balance be reallocated to another project or another jurisdiction that has a fast moving project in need of funding. Planner Vasudevan noted that staff has completed four septic tank abatement projects assisting low-income Saratoga residents. Councilmember Mehaffey asked if the City received any other applications. Planner Vasudevan responded no. Mayor Streit opened the public hearing at 7:42 p.m. Bob Campbell, Project Match, noted that the house on Blauer Drive has been successfully operating since 1991. Mr. Campbell stated that the residents' average income is approximately $1,300 a month and the average age is 70 years old. Councilmember Waltonsmith stated that she thinks Project Match is a great program. Minutes $ March 20, 2002 Vice Mayor Baker asked if there were any plans of opening up a second home in Saratoga. Mr. Campbell responded that he would like to open a second home, but cannot afford the high cost of housing in Saratoga. Mayor Streit closed the public hearing at 7:45 p.m. Vice Mayor Baker stated that CDBG funds are hard to get and should be spent wisely. Vice Mayor Baker noted that he supports the following allocations: • SASCC • ADA upgrades at Hakone Gardens • ADA upgrades in the Gateway • Project Match Vice Mayor Baker noted he has concerns regarding two of the categories. Vice Mayor Baker stated that he does not agree with staff's recommendations on the reallocation of funds of the low-income housing and sanitary sewer connections funds. In regards to the low-income funds housing fund, Vice Mayor Baker requested that this category be deferred for further discussion to decide more appropriate ways to use of the money. In regards o the funds for sanitary sewer connections, Vice Mayor stated that the City still has an element of septic abatement that has not resolved. Vice Mayor Baker stated that there are approximately ten properties that are below road grade and abut creeks. Vice Mayor Baker noted that the City might have to contribute support to those homeowners to abate those types of tanks. The funds should not be released until this issue is resolved. In regards to the low-income housing funds, Councilmember Mehaffey commented that the City could loose these funds and loose the chance to apply them to anything if the City delays allocating the funs to some other project.. Planner Vasudevan agreed with Councilmember Mehaffey and added that HUD has always had a policy of timeliness of expenditures. This year they are very particular that money is spend in a timely manner, that is why staff is recommending reallocating these funds to the Gateway project and be spend within the next fiscal year. Mayor Streit noted he supports reallocating the low income housing funds to the ADA Project in the Gateway, but does not support reallocating the sewer funds. Vice Mayor Baker noted if the City is going to lose the funds he is willing to reallocate the funds this year, but in the future he would like to see other ways to spend the funds for low-income housing purposes. BAKER/MEHAFFEY MOVED TO ADOPT RESOLUTION TO SUBMIT FUNDING ALLOCATIONS TO SCC FOR CDBG PROPOSALS TOTALING $175,046. MOTION PASSED 5-0. Minutes 9 March 20, 2002 WALTONSMITH/STREIT MOVED TO REALLOCATE REMAINING BALANCE IN THE LOW INCOME HOUSING PROJECT TO THE PROPOSED SARATOGA-SUNNYVALE ROAD ADA CURB RAMP UPGRADE PROJECT. MOTION PASSED 5-0. MEHAFFEY/BAKER MOVED TO CARRY OVER THE REMAINING BALANCE IN THE SANITARY SEWER CONNECTION PROJECT TO FISCAL YEAR 2002-2003. MOTION PASSED 5-0. 4. APPROVAL OF FINAL BUILDING SITE APPROVAL (BSA) AND ENVIRONMENTAL DETERMINATION FOR DR-O1-018 AND UP-O1-016 (HUERTA) AT 2251 MOUNT EDEN ROAD STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolutions. TITLE OF RESOLUTION: 02-018 RESOLUTION OF THE CITY OF SARATOGA APPROVING THE BUILDING SITE APPROVAL PROPERTY LOCATED AT 22551 MT. EDEN ROAD Tom Sullivan, Community Development Director, presented staff report. Director Sullivan explained that the project is the construction of one single-family residence on one lot consisting of 1.42 acre in area and 24,742 net square feet in area. The floor ratio of the proposed new two-story residence is 4,830 square feet and could include a 1,260 square foot basement. The 504 square foot garage is proposed to be detached. Approximately two-thirds of the site would remain undeveloped. The site is zoned Hillside Residential and the General Plan Designation is Hillside Residential Conservation (HRC). Director Sullivan noted that the Planning Commission continued the October 24, 2001, Public Hearing for this application to December 12, 20901 requesting that two questions be directed to the City's Geotechnical Consultant. First, "What would be involved to mitigate the southern most landslide?" and secondly "Could native Redwood or Oaks be planted on, at, or near the slide as it exist without jeopardizing the stability of the slide. Director Sullivan noted that in regards to the question about planting trees the answer was yes, trees could be planted without jeopardizing the stability of the slide. Director Sullivan noted that the application required a Building Site Approval because it was subdivided prior to 15 years ago and has been vacant since its subdivision. The site meets all finding pursuant to Saratoga Municipal Code Section 14-20.070. Director Sullivan noted that the Initial Study and Mitigated Negative Declaration have been completed and staff is requesting that Council approve them tonight and also grant the Final BSA Minutes 1 Q March 20, 2002 Mayor Streit opened the public hearing at 8:05 p.m. Mayor Streit closed the public hearing at 8:06 p.m. Councilmember Bogosian noted that he would support this item if language is added to the resolution requiring the homeowner or any future owner be required to tell potential owners about the landside concerns. BOGOSIANBAKER MOVED TO APPROVE THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, GRANT THE FINAL BUILDING SITE APPROVAL AND ADOPT RESOLUTION AS AMENDED AND HAVE IT RECORDED WITH THE COUNTY. MOTION PASSED 5-0. OLD BUSINESS 5. HIGHWAY 85-NOISE MITIGATION COMMUNITY MEETING FOLLOW-UP STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Public Works Director, presented staff report. Director Cherbone reminded Council that Mike Evanhoe met with the community on February 26, 2002. Mr. Evanhoe discussed the background regarding the Highway 85 Noise Mitigation issue as well as the past and present studies that have been developed. Mr. Evanhoe also discussed funding and various options for noise mitigation. The discussion centered on the micro-grinding option, which VTA believes is the only noise mitigation surface treatment to the highway Caltrans will support. Mr. Evanhoe suggested that amicro-grinding test take place on a one-mile section of Highway 85 as soon as possible. Director Cherbone noted that there were approximately 30 members of the public in attendance. Director Cherbone noted that attached to his report were all the questions and answers from that evening. Councilmember Waltonsmith stated that she received email correspondences from Jim Schindler and Bob Carlack and requested that Director Cherbone forward their concerns to Mike Evanhoe. Director Cherbone stated he would forward their concerns to Mr. Evanhoe. Vice Mayor Baker noted he attended this meeting and stated that Mr. Evanhoe answered some questions very evasively. Vice Mayor Baker suggested that staff contact VTA and secure a test time no later than July 2002 to do a test section and noted that City should be allowed to pick the section of highway to be tested. Vice Mayor Baker stated that the only solution Caltrans is willing to support is micro- grinding. Minutes 11 Mazch 20, 2002 Councilmember Mehaffey noted that he concurred with Vice Mayor Baker. Councilmember Waltonsmith stated that Caltrans is another public entity that has removed themselves from local control. Councilmember Waltonsmith stated that she feels we should moved forward with the micro-grinding because Caltrans is not willing to do anything else. Councilmember Mehaffey referred to the test results from the City of Woodside's one-mile test section and noted that before the City does the test section on Highway 85 he would like to see that report. If there was a big difference between asphalt overlay and micro-grinding he would request the City pursue the overlay. Mayor Streit thanked Director Cherbone for his report. Mayor Streit announced that Mr. and Mrs. Masek arrived and invited them on stage to present their commendation to them. Mayor Streit read the proclamation and presented it to Mr. and Mrs. Masek. 6. SARATOGA LIBRARY BUDGET UPDATE STAFF RECOMMENDATION: Accept budget and amend contract. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow noted that the staff is recommending that Council accept the library budget as presented and approve a resolution adjusting the library budget form $14.5 million to $15 million and increase the contract with Williams Scotsman by $249.90 to reflect an increase in sales tax effective January 2002. Assistant City Manager Tinfow explained the budget overview on the Library Bond required the City Council to establish a Citizens' Oversight Committee (COC) to oversee the expenditures of funds for the library project. The Committee meets monthly with staff and representatives from Gilbane. Over the past few months, staff, Gilbae and the COC have worked together to come up with a budget summary that reflects all expected costs plus an adequate contingency. To date projected costs total $14,137,924, this number includes all contracts, known change orders, and all known or expected "soft costs". In addition to these known costs, Assistant City Manager Tinfow explained that contingency funds both for construction and soft costs are budgeted. These funds are included to cover change orders for unexpected conditions or others changes as directed by the City. Assistant City Manager Tinfow explained the total change orders for Phase I and noted that they are expected to be $35,629 however staff has not received final paper work from Gilbane. The change order items include extra soil compaction; equipment/removal related to the asbestos; application of creteseal in Phase I instead of Phase II; parking lot curb revision and slope adjustment; redwood tree credit; additional demolition for HVAC duct encased in concrete. Minutes 12 March 20, 2002 Assistant City Manager Tinfow also noted for Phase II Council approved two energy alternates for the total cost of $99,000, which is in the budget. Councilmember Bogosian asked if she could briefly explain what safeguards have been implemented in order to avoid surprise change orders. Assistant Cit Manager Tinfow explained that every Wednesday she meets with representatives from Gilbane and Thompson Pacific at the library site. Every other Wednesday members from the Library Expansion Committee and Councilmember Bogosian meet on site for updates. The Library Expansion Committee and the Citizen Oversight Committee (established by the bond and charged with overseeing the expenditures of the funds) have been meeting monthly. Susan Calderon, Chair/Citizen Oversight Committee, noted that she feels the role of the COC is to comment and react to the budget prepared by staff and Gilbane. Chair Calderon noted that the movement of the contingency is of concern to the COC. In the beginning the contingency was at 3% now it is around 7%. As the City approaches the $15 million mark the COC has come discomfort and recommends that the Council look closely and cautiously at future expenditures. Don Johnson, 19997 Seagull Way, noted he has been a resident of Saratoga for 28 years and is a member of the COC. Mr. Johnson stated that he is impressed with the latest budget forecast. Mr. Johnson noted that he would like to comment on the construction Phase I and Phase II and the soft cost variances. Mr. Johnson noted that Phase I 14% was below the line and the prime reason was the budgeted estimates was low and when the bid come it in they were much higher. The opposite happened for Phase II there was a surplus of about $300,000 or 3%. In regards to the soft costs, Mr., Johnson noted those costs are not bound like the construction cost. The City is currently running 10% below the line. Councilmember Mehaffey noted that he is amazed how fast the City is going through the $500,000 contingency that Council set aside. Councilmember Mehaffey stated that he is very distressed by the fact that all the added costs should have been added to the beginning budget if everyone new the project was going to reach $15 million, perhaps the library should have been built smaller. A discussion took place in regards to the Council's concerns involving soft costs, contingency funds, and change orders. Mayor Streit suggested that staff return to Council on a monthly basis with budget updates. Councilmember Mehaffey stated that he is unwilling to support the recommend resolution adjusting the library budget from $14.5 million to $15 million. Vice Mayor suggested leaving the budget at $14.5 million and see what happens. Minutes 13 March 20, 2002 Councilmember Waltonsmith noted that when the contingencies hit $14.5 million staff must report to Council. Councilmember Mehaffey commended the COC for doing a terrific job. BAKER/ MEHAFFEY MOVED TO APPROVE THE INCREASE THE CONTRACT WITH WILLIAMS SCOTSMAN BY $249.90 TO REFLECT AN INCREASE IN SALES TAX EFFECTIVE JANUARY 2002. MOTION PASSED 5-0. Consensus of the City Council not to amend the library budget. Mayor Streit requested aten-minute break at 9:00 p.m. Mayor Streit reconvened the meeting at 9:10 p.m. NEW BUSINESS SARATOGA-SUNNYVALE ROAD "GATEWAY IMPROVEMENTS" MASTER PLAN APPROVAL STAFF RECOMMENDATION; Approve master plan. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained that when Highway 85 was completed in 1994, Caltrans pursued relinquishment ofSaratoga-Sunnyvale Road from Highway 9 to Prospect Road, roughly 2.5 miles. After lengthy negotiations, the City agreed to accept responsibility for the road including $2 million dollars from the State to perform needed infrastructure improvements. The City also has been awarded an $880,000 grant through VTA from improvements to the roadway. Director Cherbone noted that in 1996 the Gateway Task Force was created to develop design guidelines for the area, which was used as a template for the nature and type of improvements for the current project. At that time the City was under budget constrains and there commendations of the Task Force were shelved until recently when the City took ownership, along with funding, of Saratoga-Sunnyvale Road. Director Cherbone explained that last April the Council awarded a contract to Greg Ing & Associates/Design Studio West for design services for the improvements ofSaratoga-Sunnyvale Road. Since that time the Task Force which represents a mix of residents and business owners, have met numerous times to develop a Master Plan for the road. Director Cherbone explained that the project process included 7 Gateway Task Force meetings, an all day Public Workshop, 10 individuaUgroup meetings, 6 modified Conceptual Master Plans, and 9 modified entry schemes. Director Cherbone noted that on March 1 S`, after much compromise, the Task Force unanimously approved the Master Plan. Minutes 14 March 20, 2002 Director Cherbone explained that the Master Plan concentrates most of the improvements between Prospect Road and the UPRR tracts. Additional improvements include: improvements to the intersection at pierce and Saratoga- Sunnyvale Road, pedestrian improvements to the intersection at Herriman and Saratoga-Sunnyvale Road, various pathway improvements along the entire roadway. These improvements are estimates to cost the full amount of the available funding of $2.8 million dollars. Director Cherbone noted that if the "Gateway" project was built per the Master Plan staff estimates the landscape maintenance costs to be approximately $42,000 a year. Director Cherbone noted that if Council approves the Master Plan the next step would be to start preparation of construction plans and documents. The schedule calls for award of a construction contract in August and completion of the project in the Spring of 2003. Director Cherbone noted that the Community Development Department would continue to work with the City's consultants and Task Force on development of the Design Guidelines for the Gateway and submit them to the Planning Commission for approval in the near future. Steve Kacuchi, Greg Ing & Associates, noted that he and Don Branidis from Design Studio West were here tonight to explain the process of how they approached this project and the final Master Plan. Mr. Kacuchi noted in the beginning they surveyed and took an inventory the entire roadway to determine the primary focuses and the challenges of the project. Next they decided on what kind of image would best represent the City of Saratoga and presented four visual designs to the Task Force. Out of that visual survey 80% wanted an oak concept colonnade design. Mr. Kacuchi explained the "Gateway" Master Plan in detail pointing out the Union 76 gas station should be the entrance to the City. Mr. Kacuchi stated that many individual meetings took place with business owners to work out ingress and egress problems. Mr. Kacuchi noted that the median in front of the funeral home has been eliminated and the left turning lane be left there. Mr. Kacuchi stated that if the property is every redesigned the median could be built, but currently the business owners there felt that their business would be hurt if clear access was not present. Don Brandis/Design Studio West, noted that they started with six concepts and slowly narrowed them down to two concepts for the "Gateway". In regards to the intersection of Prospect and Saratoga-Sunnyvale Road, being sensitive to the owner of the Union 76 gas station, the design that was approved by the Task Force is to plant a large Valley Oak tree, in addition to evergreen trees and a water feature. Minutes 1$ Mazch 20, 2002 Gateway improvements, Mr. Brandis pointed out from his experience, usually promotes an economic gain of an 8-12% increase in retail sales. Councilmember Waltonsmith asked if the speed limit would be decreased along Saratoga -Sunnyvale Road. Director Cherbone noted that after the improvements go in the City's Traffic Engineer would do a subsequent speed survey. Currently the speed limit varies along this road from 40- 45 miles per hour. Councilmember Bogosian asked who decided which tree species is platYted in this Master Plan. Director Cherbone responded that the Task Force along with the City's park staff would investigate this issue and decide which species is the most appropriate. Director Cherbone noted that perhaps one of the Oak trees from the Heritage Orchard could be replanted in the Gateway. Director Cherbone noted that it would be discussed during a later item on the agenda. Jeff Walker, 20451 Seagull Way, noted that he has been a resident of Saratoga for seven years and a member of the Gateway Task Force. Mr. Walker noted that a lot of compromises have been made during this whole process and noted that he supports this project. Mr. Walker noted his main concerns have been addressed the construction of sidewalks and landscape improvements. Mr. Walker noted he supports lowering the speed limits. Zoe Alameda, 12341 Saratoga-Sunnyvale Road, noted that she is a property and business owner and a member of the Gateway Task Force. Ms. Alameda noted that she has been involved with this project since 1996, which has been a long and frustrating process. Ms. Alameda stated that the Task Force unanimously approved the Master Plan. Ms. Alameda noted that this Plan creates a strong identity of the Gateway into Saratoga and is very sensitive to the existing business needs. Bill Guthrie, 20422 Seagull Way, noted that he participated in several Gateway Task Force meetings. Mr. Guthrie thanked Council and staff and noted that the process impressed him. Mr. Guthrie noted that he is pleased with the outcome and urged the Council to approve the Master Plan. Mr. Guthrie requested a light at Kirkmont, which is not included in the Plan. Carl Sessler, 112313 De Sanka Avenue, noted that he participated in the Task Force in 1996. Mr. Sessler noted that his biggest concern is the bare spot (no median) between Kirkmont and Seagull Way because the business owners claim they need it for trucks to turn. Mr. Sessler noted that he feels there also are too many entries along the corridor. Mr. Sessler noted that he supports the proposed Master Plan. Minutes 16 March 20, 2002 Lee Murray, Chair/Arts Commission, 19466 Miller Court, noted that four members of the Arts Commission went to the March Task Force meeting and were pleased with the Master Plan concepts. Chair Murray noted that the Arts Commission would work with the Task Force to look at the aesthetics and artistic elements. John Mallory, 12258 Kirkdale Drive, noted that he has lived in Saratoga since 1967 and participated in the 1996 Task Force. Mr. Mallory noted that he endorses the overall plan and requested that the Council approve the Master Plan. Sue Mallory, 12258 Kirkdale Drive, requested that the Council approve the Master Plan. Carl Orr, 12361 Saratoga-Sunnyvale Road, requested that the Council approve the Master Plan. Mr. Orr commended staff and the consultants. Councilmember Waltonsmith asked if a signal at Kirkmont was feasible. Director Cherbone noted that what he would like to do is bid this signal as an add alternative item, currently it is in the CIP. Councilmember Bogosian thanked Director Cherbone for doing a fantastic job mediating and communicating with the public and the Council thru the whole process. Councilmember Bogosian stated some of his concerns and commented on the following items: • Water featm•e - be careful with the design • Tree selection -choose the proper species • Signal at Kirkmont -support looking into this project • City to work with the City of Cupertino and the City of San Jose to work on the intersection of Prospect/Saratoga-Sunnyvale Road • Appropriate signage along corridor Director Cherbone noted that the design guidelines for the signage would go before the Planning Commission and the Arts Commission. Councilmember Mehaffey commended the Task Force for all of their work and noted that he supports the design. Councilmember Mehaffey noted that the City's Traffic Engineer should look at traffic mitigation alternatives to prevent cut thus on Seagull. Councilmember Mehaffey noted that he supports lowering the speed limit, although some people might not approved of it. BAKER/WALTONSMITH MOVED TO APPROVE THE "GATEWAY" MASTER PLAN. MOTION PASSED 5-0. BAKER/WALTONSMITH MOVED TO APPROVE $28.000 SUPPLEMENT TO DESIGN CONTRACT WITH GREG ING & ASSOCIATES IN CONNECTION TO EXTRA SERVICES PROVIDED FOR PUBLIC OUTREACH. MOTION PASSED 5-0. Minutes 17 March 20, 2002 8. SPRING CLEANUP 2002 UPDATE STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that the City has hosted Spring Cleanup events for Saratoga residents for the past two years. The events have been successful, with high levels of participation from local residents. The City Collected 271 tons of refuse for the Spring 2000 event and 565 tons of refuse for the Spring 2001 event. The increase in tonnage is mainly due to the inclusion of a bulky item pickup for the 2001 cleanup event. Analyst Bloomquist reported that staff recently met with Green Valley Disposal Company to discuss options for the 2002 Spring Cleanup event. Factors such as costs, anticipated participation levels, items to be included in cleanup event, and time frames. Analyst Bloomquist reported that Green Valley estimated that this year the City should have 450 tons without bulky item pickup for estimated costs of $51,000.00 and 625 tons with bulky item pickup for an estimated cost of $118,000.00. Analyst Bloomquist explained that the City of Saratoga is the only jurisdiction in the area, with the exception of the City of Santa Clara, that utilizes a bulky item pickup with their cleanup event. The City of Santa Clara, not the contracted waste hauler, hosts the event and picks up the refuse using utilizing City vehicles. The cost to the City is approximately $1 million dollars. Analyst Bloomquist explained that the Green Valley is recommending the following: • Due to the high level of anticipated tonnage the City will be divided up into three cleanup areas • The cleanup event should be held over a 3-week period from Apri129-May 17, 2002 • Each of the three designated cleanup areas will receive separate notification, via a direct mailer from Green Valley, three weeks prior to the event • Due to the significant costs and logisticaUequipment/employee safety considerations, Green Valley Disposal does not recommend the inclusion of the bullcy item pickup Analyst Bloomquist explained that if the City decides to include bulky item pickup in this year's clean up event, staff would like the Council to consider the following options: • The City can pay for the pickup of the bulky item o At a cost of $15 for one item and $25 for two items o Bulky items containing CFCs, or bulky items such s televisions or monitors will cost an additional $30.00 Minutes 1$ March 20, 2002 • The individual residents can pay the cost of bulky item pickup at the same rate as stated above by calling Green Valley Disposal and scheduling a pickup during their designated pick up week Analyst Bloomquist stated that inclusion of a bulky item pickup would present several logistic problems regardless of what option is chosen. The general consensus among our neighboring cities is not to include a bulky item pickup with our clean up event due to the increased costs associated with the increased tonnage. Analyst Bloomquist noted that staff is recommending the City host a Spring 2002 cleanup event without the inclusion of a bulky item pickup. If Council chooses to include this pickup for future cleanup events, staff recommends offering this services every other year in an effort to keep costs to the City down. Councilmember Bogosian asked for the definition of a "bulky item". Phil Couchee, General Manager/Green Valley, responded that a "bulky item" would be an item that would require two people to lift or weighing more than 70 pounds. Councilmember Bogosian asked if the residents paid their own bulky item pick up, how do we control that illegal drop-off in from of someone's house. Mr. Couchee responded that it does happened and Green Valley has no control over that. Mr. Couchee noted that is why they limit the advanced notice to three weeks. Councilmember Waltonsmith stated that the she supports pickups paid for by the residents and the City help promote it. Councilmember Bogosian asked why electronic equipment is considered a bulky item. Analyst Bloomquist explained that electronic equipment is considered hazardous materials and the extra $30.00 covers the disposal costs. Vice Mayor Baker noted that the City should cut the bulky item pickup during the Spring Clean Up Event. Councilmember Mehaffey noted that he supports an annual bullcy item pick up paid for by the residents. Councilmember Mehaffey noted that he agrees that residents need to be informed about items such as electronic equipment and refrigerators. Minutes 19 March 20, 2002 Consensus of the City Council proceed with the Annual Clean Up Event without the bulky item pick up, but continue to educate residents on the ground rules on disposing electric equipment and remind residents that they can call Green Valley any time of the year for a bulky item pick up for an additional charge. Mayor Streit thanked Analyst Bloomquist for his report. 11. COAST LIVE OAKS IN HERITAGE ORCHARD STAFF RECOMMENDATION: Direct staff in regards to the disposition of the existing, mature Quercus Agrifolia (Coast Live Oak) trees in the Heritage Orchard and subsequent replanting with new European Prune Plums to restore the orchard to its commercial production appearance. John Livingstone, Assistant Planner, presented staff report. Planner Livingstone explained that staff investigated options to have the trees moved or sold. A tree mover met with staff and feels most of the trees are too big to move and have some structural problems. One tree close to Fruitvale Avenue could be moved at a cost of approximately $20,000. Staff is recommending that this tree be transplanted to the entrance of the City as part of the Gateway Project. Planner Livingstone explained that the Heritage Preservation Commission has recommended to the City Council that the remaining trees be moved. The Orchard Master Plan recommends saving Oak trees. The plan would have to be amended prior to the trees removal. Planner Livingstone explained that staff received two estimates for the tree removal including one estimate from the person who currently maintains the orchard. It is estimated to cost approximately $2,400 per tree. Councilmember Bogosian asked if the $2,400 includes grinding the stumps down and does the contractor keep the wood. Planner Livingstone noted that the bid included grinding the stumps and the contractor would keep the wood. Councilmember Bogosian noted that he feels that $2,400 is high considering the contractor gets to keep the wood. Referring to a map of the Heritage Orchard trees, Councilmember Waltonsmith noted that the Oak tree that can be seen from Fruitvale could be replanted to the Gateway. Councilmember Waltonsmith noted the staging area used by Mr. Novakovich needs to be cleaned up. In regards to the six small Oak trees along Saratoga Avenue, Councilmember Waltonsmith suggested that these trees should be replanted on the median on Fruitvale Avenue. Councilmember Bogosian stated he would like to keep the Oak tree closest to the library. Minutes 20 March 20, 2002 Mayor Streit noted that trees 3-9 should be moved and save trees 1 & 2. Mayor Streit stated that the Heritage Preservation Commission should be gin the process to develop an educational program to teach children about the orchard. Vice Mayor Baker asked how big were the five Oak trees along Saratoga Avenue. Councilmember Waltonsmith responded they were about 6-8 feet, but eventually they will kill all the fruit trees around. Councilmember Mehaffey noted that staff needs to investigate the economics of transplanting Oak tree #3 to the Gateway, is it worth the move or should the City buy a mature Oak that would come with a guarantee. Councilmember Bogosian noted that he does not want to give the wood and suggested staff get more bids. Consensus of the City Council to replant the five oak trees along Saratoga Avenue, remove the fir trees, save the large Oak tree #3 to replant in the Gateway, and clean up the staging area. AGENCY ASSIGNMENT REPORTS Councilmember Waltonsmith noted that in regards to VTA, she was informed that the funding for the Cox Avenue Pedestrian Project is available and requested a status report. Director Cherbone responded that this project is in the CIP and he has applied for additional funding. COMMISSION ASSIGNMENT REPORTS None CITY COUNCIL ITEMS Councilmember Bogosian noted that he recently brought out of town guests to Congress Springs Park, and notice that a very small plaque was set into a rock. Councilmember Bogosian suggested a bigger sign. Director Cherbone responded that the sign Councilmember Bogosian saw was temporary for the grand opening ceremony and stated that a larger sign has been ordered. Councilmember Bogosian directed the City Manager to investigate the contracts with the theater groups and find out if we can meet in the theater without competing with a stage set. City Manager Anderson noted that he would investigate and report back to Council. Minutes 21 March 20, 2002 Councilmember Mehaffey suggested that the City Manager's newsletter be distributed to Commission Chairs. It could be used as a tool to keep the Chairpersons up to date on City business. Councilmember Bogosian noted that he would support agendizing this item. OTHER None CITY MANAGER'S REPORT None ADJOURNMENT There be no further business Mayor Streit recessed the meeting at 11:05 p.m. and noted that Council would reconvene to Closed Session in the Administrative Conference Room. Mayor Streit reconvened Closed Session with legal Counsel to complete discussion of existing litigation. Mayor Streit adjourned Closed Session at 11:35 p.m. and reopened the regular meeting. Mayor Streit announced that no reportable actions were taken. Mayor Streit adjourned the meting at 11:36 p.m. Minutes 22 Mazch 20, 2002