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HomeMy WebLinkAbout09-04-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL SEPTEMBER 4, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 4:30 p•m. Conference With Legal Counsel -Existing Litigation (4 cases): (Government Code section 54956.9(a)) Name of case: City of Saratoga v. West Valley-Mission Community College District (California Court of Appeal, Sixth Appellate District No. H022365) Name of case: Tsung-Chin Wu, Yuh-Ning Chen v. Parker Ranch Homeowners Association (Santa Clara County Superior Court No. CV-707015) 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. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Conference With Legal Counsel -Threatened Litigation: Significant exposure to litigation pursuant to Government Code section 54956.9(b): Public Employee Performance Evaluation (Gov't Code 54957) Title: City Manager MAYOR'S REPORT ON CLOSED SESSION - 7:00 R.m. Mayor Streit called the Regular City Council meeting to order at 7:00 p.m. and requested Mr. Norman Kline 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 Joan Pisani, Recreation Director John Livingstone, Associate Planner Cary Bloomquist, Administrative Analyst REPORT OF CITY CLERK ON POSTING OF AGENDA FOR SEPTEMBER 4 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of September 4, 2002 was properly posted on August 27, 2002. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICATIONS The following person requested to speak at tonight's meeting: Ellis Chang, 19795 Farwell Avenue, explained to the Council that the curb in front of his house was recently painted red. Mr. Chang noted that he was never informed that the City Council approved the no parking resolution in front of his house. Mr. Chan requested that the City Council reverse their decision. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIRECTION TO STAFF Referring to Mr. Chang's comments, Vice Mayor Baker requested that this item be brought back to the Council at the next City Council meeting. Consensus of the City Council to support Vice Mayor Baker's request to discuss the red curb along Farwell Avenue at the next City Council meeting. ANNOUNCEMENTS Mayor Streit announced that on September 14, 2002 Boy Scout Troop 566 of Saratoga will honor the advancement to Eagle Scout of Kinrrtan Cheung, Kinhung Cheung, Brandon Katz, Darren Kwong, David Lamb, and Bradley Seago. SPECIAL PRESENTATIONS None CEREMONIAL ITEMS 1 A. COMMENDATION - SARATOGA HIGH SCHOOL ROBOTICS TEAM STAFF RECOMMENDATION: Present commendation. Mayor Streit welcomed members of the Saratoga Robotics team members. City Council Minutes 2 September 4, 2002 Chris Yang introduced his fellow team members, Irene Fan, Jayant Krishnamurthy, and Thomas Lin. Each member of the Saratoga Robotics Team explained a portion of team's accomplishments and described the submersible robot that took 11`h place at the AUVSI Naval Competition. Mayor Streit read the commendation and presented it to the Saratoga Robotics Team. 1B. PROCLAMATION -SEPTEMBER 11, 2002 "DAYS OF REMEMBRANCE" STAFF RECOMMENDATION: Read proclamation. Mayor Streit read the proclamation. SPECIAL PRESENTATIONS 2A. PRESENTATION -DAWN CAMERON COUNTY COMPREHENSIVE EXPRESSWAY PLANNING STUDY STAFF RECOMMENDATION: Informational only. Dawn Cameron, County of Santa Clara/Roads and Airports Department, explained that the Comprehensive County Expressway Planning Study was established to develop and document consensus on potential expressway improvements of all types including capacity enhancements, grade separations, pedestrian and bicycle facilities, sound walls, and landscaping. In addition, the Study will develop funding requirements, financing scenarios, and recommendations regarding issues such as maintenance support and traffic enforcement. Councilmember Waltonsmith is the City's representative to the PAB. Ms. Cameron explained that the first comprehensive study was done 30 years ago. In this study it showed the concept expanding Lawrence Expressway to connect to Highway 85 via Saratoga Avenue. Ms. Cameron also stated that the PAB is trying to "clean up" old master plan projects that have never materialized. In regards to the concept of expanding Highway 85 to Lawrence Expressway, Councilmember Bogosian asked where this concept came from. Ms. Cameron noted it was in an old plan from approximately 30 years ago. Ms. Cameron noted that if the City has no desire to ever extend Lawrence Expressway, the Council would just have to officially request that this concept be taken off the books. Consensus of the City Council to agendize this issue for September 18, 2002. City Council Minutes 3 September 4, 2002 PUBLIC HEARINGS 4. PROPOSED RESOLUTION INITIATING THE ORDINANCE TO DESIGNATE AUSTIN WAY A HERITAGE LANE STAFF RECOMMENDATION: Open public hearing; close public hearing; adopt resolution; place on next agenda as a public hearing. TITLE OF RESOLUTION: 02-067 RESOLUTION FO THE CITY COUNCIL INITIATING FINAL DESIGNATION OF AUSTIN WAY A HERITAGE LANE John Livingstone. Associate Planner, presented staff report. Planner Livingstone explained that the Heritage Preservation Commission recommended to the Planning Commission that Austin Way be designated a Heritage Lane. One July 24, 2002 the Planning Commission adopted a resolution recommending that the City Council adopt an ordinance designating Austin Lane a Heritage Lane. The intent of the ordinance is to preserve the existing brick roadway and hopefully restore the portions that have been patched with asphalt. Staff hopes that a Heritage Lane designation will increase the possibility of obtaining a grant to assist in the preservation and maintenance of the existing brick roadway. Planner Livingstone presented a brief history on Austin Way noting it use to be part of the main road between Saratoga and Los Gatos. Planner Livingstone stated that that the brick road was built in 1904. Planner Livingstone explained that in order to designate a roadway a Heritage lane, the road must meet a minimum of two findings stated in the City's code. Planner Livingstone stated that some of the feed back from the neighbors that objected to the Heritage Lane designation was the additional review of modifications to their homes by the Heritage Preservation Commission. The current code for a Heritage Lane allows the HPC to review and comment upon all planning entitlement applications and applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated Heritage Lane. Planner Livingstone noted that the Heritage Preservation Code also allows the Planning Commission to include such regulations or controls over the designated property, as the Planning Commission deems reasonable necessary for the conservation and preservation of the roadway. Planner Livingstone explained that the right-of--way is 40 feet. The brick road itself is 18 to 20 feet wide but the City owns 40 feet. There could be up to 10 feet of City-owned shoulder on each side of the brick roadway. The proposed Heritage City Council Minutes 4 September 4, 2002 Lane designation would add another 10 feet on the private property for review by the Heritage Preservation Commission when any major construction is proposed such as walls and fences. Mayor Streit opened the public hearing at 7:35 p.m. Tom Keeble, 19041 Austin Way, noted that he originally proposed to the Heritage Preservation Commission to designate the road. Mr. Keeble noted that he is opposed to the possibility of the City regulating an additional 10 feet of property. Mr. Keeble noted that other than that he supports the designation. Norman Koepernik, Chair/ HPC, noted that he supports the designation of Austin Way. Mr. Koepernik noted that this designation would maintain the beauty and the uniqueness of this road. Mr. Koepernik stated that the HPC would continue applying for grants from the state for beautification projects for the road. Vice Mayor Baker asked Commissioner Koepernik why the Planning Commission agreed to add an extra 10 feet of property on either side of the road. Chair Koepemik explained that the extra 10 feet would allow the City to regulate a broader area around the road and have more say in the type of landscaping and fences. Dean Glajchen, 19100 Austin Way, noted that he attended the Planning Commission hearings and stated that he supports the designation to preserve and repair the roadway, but he opposes the additional 10 feet on either side of the roadway. Flavio Decastillmos, 18705 Landcaster Road, noted that he opposes the designation especially the additional 10 feet of proposed regulation. Mike Garakani, 19061 Austin Way, noted that he is not against the designation of a Heritage Lane, in fact he noted that the road should be fixed, but opposes the designation with all the restrictions that comes with the designation. Mr. Garakani asked the cost to repair this road and what justification does the City have requiring the additonal 10 feet of property. Mayor Streit closed the public hearing at 7:50 p.m. Referring to Mr. Garkani's questions, Mayor Streit asked staff the costs to repair the road. Planner Livingstone responded that it about $20 a square foot. All of the Councihnembers agreed that the additional designation of 10 feet on either side of the roadway should be excluded from the ordinance. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION INITIATING FINAL DESIGNATION OF AUSTIN WAY A HERITAGE LANE EXCLUDING THE ADDITIONAL 10 FEET OF PROPERTY ON EITHER SIDE OF THE ROADWAY. MOTION PASSED 5-0. City Council Minutes $ September 4, 2002 5. CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING ORDINANCE STAFF RECOMMENDATION: Open public hearing; close public hearing; place on next agenda for adoption. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist that at their regular meeting on August 7, 2002, Council was introduced to the proposed Construction and Demolition Debris Ordinance and subsequently directed staff to hold a public hearing at their next meeting. Analyst Bloomquist noted that the Construction and Demolition Debris Ordinance will apply to all major construction, remodeling or demolition projects over 2500 square feet, diverting material that would otherwise go into landfill. This has the potential to increase the city's diversion rate above the present 56% level. Analyst Bloomquist stated that staff is recommending that the City Council direct staff to bring back the ordinance at their next regular meting for approval and adoption. Mayor Streit opened the public hearing at 8:20 p.m. Mayor Streit closed the public hearing at 8:21 p.m. Councihnember Bogosian noted that he supports this ordinance and requested staff provide Council with companies that take the different recyclables. Pointing out the fact the he is the City's representative on the Solid Waste JPA, Vice Mayor Baker stated that the Guadalupe Landfill has a Construction and Demolition recycle center. Vice Mayor Streit stated that if cities do not adopt similar ordinances they are irresponsible. Mayor Streit stated that some cities have adopted similar ordinances except the City of Saratoga went a step further adding that the 2,500 square foot requirement. BAKER/WALTONSMITH MOVED TO CONTINUE THE PUBLIC HEARING TO SEPTEMBER 18, 2002. MOTION PASSED 5-0. City Council Minutes 6 September 4, 2002 OLD BUSINESS 6. BLANEY PLAZA IMPROVEMENTS -REVIEW OF CONCEPTUAL DESIGN STAFF RECOMMENDATION: Review Design Plans and direct staff on preferred location of Memorial Arch. John Cherbone, Public Works Director, presented staff report. Director Cherbone explained that at the August 7, 2002 City Council meeting the Council approved a professional services agreement with Greg Ing and Associates for preparation of conceptual design plans for Blaney Plaza. The work performed by Greg Ing and Associates accomplished two main tasks: 1) detemune the best placement of the Memorial Arch in Blaney Plaza; and 2) the preparation of a master plan and cost estimate for the future redevelopment of Blaney Plaza. Director Cherbone noted that the Heritage Commission, the Arts Commission, and the Saratoga Historical Foundation have been notified of the project and they have indicated interest on participating in the development of a master plan for the plaza. Director Cherbone noted that Greg Ing and Associates have proposed two different conceptual designs. Councihnember Bogosian asked what the City has done to determine the condition and safety of the two large trees in the Plaza. Director Cherbone noted that in the last two months the City's Arborist, Barrie Coates, looked at the health of the trees and what type of pruning needed to be done and per his recommendations they were trimmed. According to Mr. Coates the trees do not pose any immediate danger, but there is never a guarantee with trees. Vice Mayor Baker asked where was the Arch was originally. Councilmember Waltonsmith responded that originally the Arch was located in the middle of the intersection, centered towards the hills. Steve Kikuchi, Landscape Architect, 1585 The Alameda, Suite 201, San Jose, noted that he is pleased he has been able to continue his working relationship with the City. Mr. Kikuchi noted that this projected posed a few constraints such as the trees and placing the Arch in the Plaza. Two designs have been developed. Scheme A has more of a freeform natural setting. Option A is compatible with the Gateway Master Plan. Mr. Kikuchi stated that both designs propose a retaining wall with storyboards on it, which could be the history of Saratoga or art. Option B shows the Arch underneath the canopies of the stone pine trees. In Option A the Arch is located as the gateway to the entrance of the park. Councilmember Waltonsmith noted that the plaza should be kept simple. Councilmember Bogosain noted that he agrees with Councilmember Waltonsmith. City Council Minutes '] September 4, 2002 Vice Mayor Baker noted that his concern is the costs. Vice Mayor Baker stated that the City has to move the Arch, but perhaps a design could be drawn that could support potential artistic improvements in the future. Wyllis Peck, 14275 Saratoga Avenue, noted that he is a member of the Heritage Preservation Commission and the unofficial City Historian. Mr. Peck noted that in 1965 the City almost lost the Arch when the highway was straitened. Mr. Peck noted that when he heard about the possible loss he approached the Council and requested the City relocate the Arch. Mr. Peck stated that he feels the Arch is a valuable historical symbol of Saratoga. Mr. Peck stated that originally around the base was a fishpond. Mr. Peck noted that the Arch should be placed in the most conspicuous place in the Plaza. Mr. Peck noted that another important detail about the Arch is that a prominent California Landscape Architect, Bruce Porter, designed it. Mayor Streit stated that he supports Option A, but move the Arch to the center. Councihnember Mehaffey stated that his main concern inputting the Arch in the front of the Plaza is possible cars hitting it. Councihnember Bogosian and Councilmember Waltonsmith both stated that they do not support any type of water feature in the Plaza. Director Cherbone suggested that the Council direct staff to form an AdHoc Committee to study the design and make recommendations to Council at a future date. Consensus of the City Council to direct staff to form an AdHoc committee composed of two members from each of the following groups: Heritage Preservation Commission, Arts Commission, Historical Foundation, and Council. NEW BUSINESS PRESCHOOL MURAL STAFF RECOMM);NDATION: Accept report and direct staff accordingly. Kim Saxton-Heinrichs, Senior Recreation Supervisor, presented staff report. Supervisor Saxton-Heinrichs explained that on August 12, 2002 the Arts Commission was asked to approve a mural for the outside, northwest-facing wall of the preschool potable. It is to be painted by Kristie Liddie, a sophomore at Saratoga High School. She is doing this project to complete her Silver Award for Girl Scouts. Kristie will solicit local businesses to donate all material and supplies. She needs to have the mural completed by September 30, 2002. It will be painted on two removable boards and placed by city staff. Preschool Director Marianne Swan gave Kristie a book by a Dutch artist for inspiration and ideas. Supervisor Saxton-Heinrichs explained that upon checking with City Attorney Taylor regarding copyright infringement, he recommended that Kristie get permission from the publisher. Supervisor Saxton-Heinrichs noted that the only City Council Minutes $ September 4, 2002 concern was copyright infringements. Staff investigated and found out that the art in the book is almost 100 years old so there are no more worries about copyright infringements. Marianne Swan, Preschool Director, P.O. Box 201, noted that the City put up three portables to house programs, one being the preschool. When funds were not available to beautify the preschool, community members help fulfill her dreams. In regards to copyright infringements she called the publisher in Holland and the only right they have to the illustrations is to publish them. Vice Mayor Baker asked where the panels would be placed. Director Swan responded that the panels would be placed behind the senior portable. Julia Anderson, PO Box 3458, noted that she is a member of Troop 62, and is working on her Silver Project, which is similar to an Eagle Scout award. Ms. Anderson noted that she would be working with an Eagle Scout. Ms. Anderson notes that she is doing this project because it helps with leadership and teachers good skills. Ms. Anderson also noted that it would help beautify the preschool. Tina Liddie, 20275 Franklin Avenue, explained that the project needs to be completed by September 30, 2002 in order to receive the Silver Award then she will move on to be a Senior Girl Scout and will start to work on her Gold Award. Mayor Streit noted that he would appreciate being notified when the girls receive their Silver Award so the City can publicly recognize them. Consensus of the City Council to direct staff to move forward with this project. Mayor Streit declared at 15-minute break at 9:00 p.m. Mayor Streit reconvened the meeting at 9:15 p.m. OLD BUSINESS 8. NORTH CAMPUS FELLOWSHIP HALL IMPROVEMENTS STAFF RECOMMENDATION: Accept report and direct staff accordingly. Joan Pisani, Recreation Director, presented staff report. Director Pisani explained that on August 2, 2002 Council directed staff to bring back cost estimates to make the Fellowship Hall ADA and Building Code compliant. Director Pisani explained that Brad Lind the City's Building Official completed an inspection of that building and provided her a list of repairs and improvements needed before we could occupy the building. Director Pisani noted that she was able to get a local contractor to visit the site and provide staff with an estimate to retrofit the restroom and make the necessary roof repairs. Director City Council Minutes 9 September 4, 2002 Pisani explained that it would take about $55,000 which would not include tables, chairs, an HVAC system, nor a refrigerator. Councilmember Bogosian asked how much would an HVAC system cost. Director Pisani replied that according to the report by Noll & Tam a HVAC system would cost approximately $45,000. As far as the other amenities, Director Pisani noted that she feels $10,000 would cover costs. Mayor Streit stated that there seems to be a lot of community groups that would like to use this hall. Director Pisani noted that several groups have inquired about its use. In regards to the restrooms, Director Pisani noted that a local architect has agreed to do the drawings and the specs at cost and then she could proceed with taking it out to bid. Councilmember Bogosian suggested that the City should try and find a community group that would paint the buildings. Director Pisani noted that she would look into that possibility. Councilmember Mehaffey suggested that staff look into purchasing tables and chairs from companies that have went out of business. Director Pisani noted that on September 5 and September 10, 2002 the City would be holding an open house at the campus. Consensus of the City Council to proceed with the design and bid process. CONSENT CALENDAR 3A. CITY COUNCIL MINUTES -REGULAR MEETING JULY 17, 2002 STAFF RECOMMENDATION: Approve minutes. Vice Mayor Baker requested that item 3A be pulled from the Consent Calendar. Vice Mayor Baker requested that on page 17, 4`h paragraph, the comment should read as follows "Vice Mayor Baker noted that the City paid Vice Mayor Baker requested that on page 18, 8`h paragraph, the word "eye soar" be replaced with the word "e e_y sore". BAKER/WALTONSMITH MOVED TO APPROVE CITY COUNCIL MINUTES OF JULY 17, 2002. MOTION PASSEDS-0. City Council Minutes 10 September 4, 2002 3B. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/MEHAFFEY MOVED TO APPROVE CHECK REGISTER. MOTION PASSED 5-0. 3C. REVIEW PLANNING COMMISSION ACTION MINUTES - AUGUST 28, 2002 STAFF RECOMMENDATION: Note and file. WALTONSMITH/MEHAFFEY MOVED TO APPROVE PLANNING ACTION MINUTF,S. MOTION PASSED 5-0. 3D. RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION 02-066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING RESOLUTION 01-011 BY ADDING TO THE LIST OF DESIGNATED EMPLOYEES IN THE CITY'S CONFLICT OF INTEREST CODE Councilmember Mehaffey requested that item 3D be pulled from the Consent Calendar. Councilmember Mehaffey pointed out an error on page 4 of the resolution. City Attorney Taylor stated that it was a typo. MEHAFFEY/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE AS AMENDED. MOTION PASSED 5-0. 3E. FINAL ACCEPTANCE OF SUBDIVISION PUBLIC IMPROVEMENTS WIT$IN TRACTS 8876, 8896, & 9101 STAFF RECOMMENDATION: Grant final acceptance of the subdivision public improvements and adopt resolutions. TITLE OF RESOLUTION: 36-B-255 RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT 8876 City Council Minutes 11 September 4, 2002 TITLE OF RESOLUTION: 36-B-256 RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT NO 8896 TITLE OF RESOLUTION: 36-B-257 RESOLUTION ACCEPTING OFFERS OF DEDICATION TRACT 9101 Councilmember Mehaffey requested that item 3E be pulled from the Consent Calendar. Councilmember Mehaffey asked what are the benefits to the City excepting maintenance responsibility of the roads. Director Cherbone explained that usually during the tentative map face the developer would determine whether or not the roads in his subdivisions would be public roads. Most roads in subdivisions are cul-de-sacs so the acceptance would only benefit those property owners. MEHAFFEY/BAKER MOVED TO GRANT FINAL ACCEPTANCE OF THE SUBDIVISION PUBLIC IMPROVEMENTS AND ADOPT RESOLUTIONS. MOTION PASSED 5-0. NEW BUSINESS 10. SARATOGA LIBRARY PROJECT PHASE II -SPECIALIZED INSPECTION SERVICES CONTRACT STAFF RECOMMENDATION: Amend the existing contract with Consolidated Engineering Laboratories for additional services. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that Phase II of the Library Expansion Project requires specialized inspections and testing supplemental to City inspectors' expertise. Assistant City Manager Tinfow explained that staff is recommending the Council move to amend the existing contract with Consolidated Engineering Laboratories ties for additional supplemental inspection services needed for Saratoga Library Expansion Project Phase II to reflect an increase of $17,500. The City's existing contract with Consolidated Engineering Laboratories $25,000 to cover inspection and testing services for Phase II. That was an estimate at the time the contract was awarded. Gilbane suggested that the City increase the amount Vice Mayor Baker asked if their contract was a fixed price contract. Assistant City Manager Tinfow explained that they bill the City for time and material basis, but the contract was set at not to exceed $25,000. City Council Minutes 12 September 4, 2002 Vice Mayor Baker expressed his concern about the constant budget adjustments for the various contractors' contracts. BOGOSIAN/ WALTONSMITH MOVED TO AMEND THE CONTRACT WITH CONSOLIDATED ENGINEERING LABORATORIES. MOTION PASSED 5-0. 11. BENCHES AND TRASH RECEPTACLES FOR SARATOGA LIBRARY PROJECT STAFF RECOMMENDATION: Accept report and direct staff accordingly. Lorie Tinfow, Assistant City Manager, presented staff report. Assistant City Manager Tinfow explained that six benches and two trash receptacles are included in the contract with Thompson Pacific for the Saratoga Library Project. Additional benches were included in the furniture, fixtures, and equipment budget that are separate from the bond funds. As the Library Expansion Committee Interior Subcommittee reviewed the style selections for and numbers of each bench specified, they determined that some of the benches were fixed and therefore eligible to be paid for with bond money. In addition, they discovered alternate bench design that was preferred. Assistant City Manager Tinfow explained that the Subcommittee members brought their proposal of 12 benches in the new style plus 2 matching trash receptacles to the full Library Expansion Committee at the July 17 meeting for review and consideration. The preliminary estimated cost of the proposed furniture plan was $18,000. The Library Expansion Committee voted unanimously to recommend to Council the new style of benches and an additional six benches. Assistant City Manager Tinfow explained several options the Council can could consider: • 6 benches 2 trash cans stay as they are • 6 additional original benches @ $4,385 plus shipping • Allow new style be substituted for six benches @ $6420 plush shipping • Substitution of 12 new style benches and two trash cans @ $19, 777 • Defer the decision when we have more information on the budget Marcia Manzo, Chair/Library Expansion Committee, noted that the bench style that the E~Cpansion Committee chose were sturdy and would fit in with the style of the library. Meanwhile, Chair Manzo stated that the Landscape Architect had chosen a different bench in which the Committee did not like. The bench the Architect chose are plain and in her opinion will not last long. Chair Manzo stated she would like to persuade the Council to buy the best benches now and not regret it later when the cheaper made benches are falling apart. Chair Manzo stated that the Architect stated hat the benches could be installed later but it probably would cost more. City Council Minutes 13 September 4, 2002 Vice Mayor Baker stated that he dose not think the new style bench would outlive the older style. Mayor Streit asked Chair Manzo how the Council could justify a 230% increase in the price difference between the two styles of benches. Chair Manzo suggested that the Council delay the decision until more is known about the budget. Councilmember Bogosian suggested that the Council delay the decision on purchasing benches until the Council knows if funds are available. Councilmember Mehaffey noted that he likes the new style of benches because they are made out of wood, which is much more comfortable than the metal ones. Although, Councilmember Mehaffey concurred with his colleagues that the decisions should be deferred. Councilmember Waltonsmith noted that she wants to purchase the sturdiest bench, but also feels the decision should wait. Mayor Streit noted that spending money of functional amenities is more important than spending money on aesthetics amenities. Vice Mayor Baker noted that he is against the new style benches because they are not sturdy. Vice Mayor Baker stated that a four legged bench is much more sturdy than a bench sitting on a pedestal. . Consensus of the City Council directed staff to bring this item back to the Council with more information about the stability and reliability of the new style benches. 12. PROGRAM SUPPLEMENT AGREEMENT -QUITO ROAD BRIDGE REPLACEMENT PROJECT CIP NO 9111 STAFF RECOMMENDATION: Authorize City Manager to execute agreement. TITLE OF RESOLUTION: 02-065 RESOLUTION OF THE CITY COUNCIL APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 001-M TO ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 04-5332 Director Cherbone explained that the Quito Road bridge Replacement Project consists of the replacement of tow bridges. This project is a Federal-Aid funded through the Highway Bridge Rehabilitation and Replacement Program (HBRR) The HBRR Program will fund 80% for the cost of the project. The remaining 20% will be shared equally between the City of Saratoga, The Town of Los Gatos, and Santa Clara Valley Water District. City Council Minutes 14 September 4, 2002 Director Cherbone noted that staff is recommending that Council authorize the City Manger to execute the agreement for Federal-Aid Project 04-5332. MEHAFFEYBOGOSIANMQVED TO ADOPT RESOLUTION APPROVING THE PROGRAM SUPPLEMENT AGREEMENT FOR QUITO ROAD BRIDGE. MOTION PASSED 5-0. 9. CONSIDER REQUESTS TO JOIN FRIEND OF THE COURT BRIEFS IN (1) TOPSAIL COURT HOMEOWNERS ASSOCIATION V. SOQUEL CREEK WATER DISTRICT, (2) EASTBURN V. REGIONAL FIRE PROTECTION AUTHORITY, (3) BORDER BUSINESS PARK V. CITY OF SAN DIEGO, (4) CHEVRON U.S.A. V. CAYETANO, (5) KAHN V. EAST SIDE UNION HIGH SCHOOL DISTRICT, (6) RICHMOND V. SHASTA COMMUNITY SERVICES DISTRICT AND (7) SOUTHERN CALIFORNIA GAS COMPANY V. CITY OF SANTA ANA STAFF RECOMMENDATION: Authorize the City of Saratoga to join the friend of the court briefs being prepared in the above-named cases. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that he has broadened the scope of what briefs to bring to the City Council because the League of California Cities has been encouraging cities to enter briefs whenever the issue seems of any relevance to a city. The more cities that sign on to a brief before the court the Baser it is for a court to understand that the issue is of broad importance to local governments. City Attomey Taylor explained each amicus request as follows: Topsail Court Homeowners Association V. Soquel Creek Water District This case arose after Soquel Creek Water District purchased a lot in afour-parcel, single-family residential subdivision where it sought to construct a well along with a treatment plant that would remove contaminants from the extracted ground water. Based on Government Code section 53091 which exempts water production, generation, storage, and transmission facilities from local zoning, the County of Santa Cruz refused to apply its building and zoning ordinances to the proposed water treatment project. The homeowners association filed suit challenging the zoning exemption, arguing that treatment facilities were not among the types of facilities exempted from local zoning. Noting that the Legislature failed to specify "treatment" facilities in section 53091, the Appellate Court agreed. It applied standard rules of statutory construction and strictly construed the exceptions that did appear in the statute. Because only a liberal interpretation of the language would have permitted the court to conclude that the section 53091 exemptions included water treatment facilities, the court refused to accept the water district's position. City Council Minutes 15 September 4, 2002 The Water District has requested that the California Supreme Court construe section 53091 broadly and reverse the case. In that event there would be no mechanism to prevent water districts from placing large centralized facilities wherever they choose. The amicus brief will argue (1) that the statutory construction urged by the Water District would require an expansion of the language beyond what the Legislature logically intended; (2) that the construction of section 53091 urged by the Water District would lead to absurd results and run contrary to established principles of statutory construction; (3) that the Legislature has not indicated that water treatment facilities must be placed in the most cost- efficient location at the expense of the local government's authority to formulate and implement its own land use policies; (4) that the Water District's economic efficiency argument is illusory; and (5) that the legislative history demonstrates the Legislature's intent to enhance, not weaken, local zoning control through section 53091. Eastburn v. Regional Fire Protection Authority This case, pending before the California Supreme Court, will consider whether a public agency should be held liable for the alleged negligent operation of the 9-1-1 system. The court of appeal held that the plaintiffs could not sue a public agency for providing inadequate service and that Health & Safety Code section 1799.107 (which immunizes emergency personnel for liability unless they are grossly negligent or act in bad faith) applies to 9-1-1 operators. On both points it expressly disagreed with a case from another California appellate court, Ma v. City and County of San Francisco (2002) 95 Ca1.App.4th 488 [115 Cal.Rptr.2d 544]. The California Supreme granted review in Eastburn, to decide the split in authority between Eastburn and Ma. The Court will consider these core issues: Government Code section 815(a) says that public entities cannot be held liable except by statute. No statute holds public entities directly liable for providing 9-1-1 emergency dispatch services negligently. The plaintiffs argue, however, that a public entity enters in a "special relationship" with each of its constituents requiring it to provide prompt emergency services in response to 9-1-1 calls -and exposing it to liability if is fails to do so. The amicus brief will argue that the law should not be expanded in this way. • The amicus brief will further argue that Health & Safety Code section 1799.107 protects 9-1-1 operators and dispatches from liability (and their public entity employers from vicarious liability) for ordinary negligence. This case will affect the liability of all public entities that provide or participate in 9-1-1 dispatch services. Under state law, all public entities must provide or participate in 9-1-1 systems. An appellate decision for the plaintiffs would therefore expose all cities to suit by any citizen who believes the response to a 9-1- 1 call was not fast enough. City Council Minutes 16 September 4, 2002 Border Business Park v. City of San Diego A jury awarded the plaintiff in this case more than $90 million in damages because the City engaged in planning for an airport near the plaintiff's property and adjusted the City's circulation system in a way that increased the amount of traffic adjacent to that property. The amicus brief will argue that cities should not be liable for (1) damage to property value that occurs due to local government planning efforts when those efforts do not result in formal action (i.e., a resolution actually approving a project, changing land use or initiating condemnation) and (2) damage for property value that occurs die to changes in the circulation system. The issue is discussed in more detail in the attached letter from the San Diego City Attorney. Chevron U.S.A. v. Cayetano This case is an appeal to the Ninth Circuit Court of Appeals concerning the proper standard of review to be used by the courts when determining whether a government regulation constitutes a taking of property. The U.S. Constitution requires that govenunent regulations must substantially advance a legitimate public interest. Traditionally, the courts have required that an individual challenging a regulation demonstrate that there is no rational basis for the regulation in question. In this case the courts in effect required that the State of Hawaii demonstrate to a jury that the challenged regulation would in fact have the desired effect. The amicus brief will argue that this (1) improperly transfers policy decisions from elected legislators to the courts and (2) violates principles of federalism which hold that land use decisions should be made at the local level rather than by federal agencies or courts. The issues are discussed in more detail in the attached letter from the San Francisco City Attorney who will be preparing the amicus brief. Kahn v. East Side Union High School District This case considers the circumstances under which a public entity is liable for injuries to a swimmer resulting from diving into a swimming pool. Prior to a competition, a swimmer was practicing diving into the pool in preparation for a relay race, and broke her neck. The swimmer contended that she never received training from her coach on how to dive into a three and a half foot pool. The swimmer sued the school district, coach and others for negligence and maintaining a dangerous condition on the property. The trial court and the court of appeal concluded that the school and the coach had no duty to eliminate risks inherent in the sport of competitive swimming. The public entity did not increase the swimmer's risk, and accordingly it is not liable because the swimmer voluntarily assumed any risk of injury by participating in the activity. The case has been appealed to the California Supreme Court, which will decide whether the court of appeal correctly determined that the swimmer should not be able to recover for her injuries. City Council Minutes 17 September 4, 2002 Richmond v. Shasta Community Services District The California Supreme Court will be considering several issues relating to Proposition 218 in this case. The case arises from a challenge to the Shasta Community Service District's adoption of a water connection fee for capital improvements needed to expand the District's facilities to accommodate new users. The court invalidated several portions of the fee. The central issues on appeal are as follows: The court of appeals' discussion of Proposition 218's development fee exemption appears to hold that a particular fee must have existed prior to the November 1996 adoption of Proposition 218 to fall within that exception. The language of Proposition 218, however, suggests that only the legal authority for a development fee must have predated the measure for the fee to be exempt. In addition, the ambiguity of the court's discussion will create confusion regarding the applicability of Proposition 218 to other fees. The case invalidated an existing fee imposed to provide fire protection to newly developed property. The court did so based on certain requirements imposed by Proposition 218 but did not first determine whether the fee was subject to Proposition 218 in the first instance. A recent Supreme Court decision indicates that fees of the type invalidated by the court of appeal are not subject to Proposition 218. The amicus brief will (1) emphasize that a wide spectrum of California local governments (including cities, counties, water districts, community services districts, and fire districts) impose connection charges to defray the cost of expanding capital infrastructure to serve new development; (2) review the law relating to the imposition of development fees and the basis for the development fee exemption in Proposition 218; and (3) remind the Court that Proposition 218 only applies to a specific subset of fees, charges and assessments: fees that are "property-related" and assessments on real property based upon special benefit. This third section of the brief will set forth assessments imposed by local governments. Southern California Gas Company v. City of Santa Ana The City of Santa Ana adopted an ordinance requiring that a trench cut fee be paid before anyone could cut trenches into city streets. Southern California Gas Company claimed that it was exempt from the fee due to its 1937 franchise agreement with the city. The trial court ruled against the city, concluding that the trench cut fee constituted an unconstitutional impairment of contract with respect to the gas company's franchise agreement. The case could allow all franchised utilities to assert that any additional costs imposed upon them by cities, even through a city's valid police power regulation, violate the contracts clause and are impermissible. BAKER /MEHAFFEY MOVED TO JOIN AMICUS BRIEF IN TOPSAIL COURT HOMEOWNERS ASSOCIATION V. SOOUEL CREEK WATER DISTRICT. MOTION PASSED 5-0. City Council Minutes 1 g September 4, 2002 BAKER /MEHAFFEY MOVED TO JOIN AMICUS BRIEF IN EASTBURN V. REGIONAL FIRE PROTECTION AUTHORITY. MOTION PASSED 5-0. BAKER /WALTONSMITH MOVED TO JOIN AMICUS BRIEF IN BORDER BUSINESS PARK V. CITY OF SAN DIEGO. MOTION PASSED 4-1 WITH BOGOSIAN OPPOSING. BAKER /WALTONSMITH MOVED TO JOIN AMICUS BRIEF IN CHEVRON U.S.A. V. CAYETANO. MOTION PASSED 5-0. BAKER/BOGOSIAN MOVED TO JOIN AMICUS BRIEF IN KAHN V. EAST SIDE UNION HIGH SCHOOL DISTRICT. MOTION PASSED 5-0. BAKER/MEHAFFEY MOVED TO JOIN AMICUS BRIEF IN RICHMOND V. SHASTA COMMUNITY SERVICES DISTRICT. MOTION PASSED 5-0. BAKER/WALTONSMITH MOVED TO JOIN AMICUS BRIEF IN SOUTHERN CALIFORNIA GAS COMPANY V. CITY OF SANTA ANA. MOTION PASSED 5-0. Vice Mayor Baker thanked City Attorney Taylor for broadening the scope of amicus briefs to bring Council because the general trend he sees clearly in this session of the legislature is more and more taking of municipal powers, control and authority over their own jurisdictions and unless the cities continue to stand together it will become all regional and state authority with no authority within your own municipality at all. AGENCY ASSIGNMENT REPORTS Councilmember Mehaffey reported the following information: KSAR -finished details on Angel Program, which is a program to get donations from community businesses to sponsor programs. Also, the Board discussed the AT&T settlement in order to possibly reallocate the funds. Councilmember Bogosian reported the following information: SVACA -reviewing the CIP and going over the cost imposed to each City for their share ofthe shelter. Library JPA -September 12, 2002 a special meeting is scheduled to discuss recommendations for the process for hiring of the new County Librarian. Vice Mayor Baker reported the following information: Emergency Planning Council -meets on October 4, 2002 unfortunately he will be out of town and asked if Councilmember Waltonsmith could attend. West Valley Sanitation District - on September 25, 2002 the District will be holding a Proposition 218 mandated protest hearing on he proposed rate increase. The hearing will be held at the Campbell City Hall. Also, at the California Association of Sanitation Agencies the District was awarded the only award in the state for their imaginative innovation among all sanitation agencies in California for their employee motivation and profit sharing incentive program City Council Minutes 19 September 4, 2002 Mayor Streit reported the following information: Chamber of Commerce - he and Cotmcilmember Bogosian have been continuing the ongoing meeting with the Chamber regarding their agreement with the City. Hakone Foundation -completed redesigned the board members. CITY COUNCIL ITENIS Councilmember Mehaffey noted that his neighborhood has some concerns regarding the interpretations of side yard setbacks and requested that this item be referred to the Planning Commission. Consensus of the Council to refer side yard setback to the Planning Commission. Councilmember Waltonsmith asked if any Councilmembers were going to attend the SCC Sheriffs Department "Best of the West" event on Friday, September 27, 2002. Councilmember Bogosian stated he was going on Friday. Mayor Streit replied that he and the City Manager were attending the event. Referring to a letter Council received from Mr. and Mrs. Bianco, Vice Mayor Baker asked staff to find out if it was a bicyclist or a motorcycle rider. Vice mayor Baker stated that the City should direct the Sheriff to up the enforcement on Big Basin Way. City Manager Anderson stated that he has already requested the report from the Sheriff's Office. Referring to the writer of a letter to the editor in the Saratoga News accusing the Council of illegal activities regarding the church property. Unfortunately, Vice Mayor Baker explained that the view was then reflected in the editorial. Vice Mayor Baker stated he would like to know where his colleagues stand and what their position should be to respond to the editorial. Councilmember Mehaffey suggested the Mayor and the Vice Mayor draft the letter. City Attorney Taylor explained that the rest of the Council could not sign a letter written by the Mayor and Vice Mayor only if it came back to the Council in open session. Councilmember Bogosian stated that he would support a letter written by any member of the Council. Mayor Streit stated that he and Vice Mayor Baker would go forward with a letter to the Saratoga news. OTHER None City Council Minutes 2Q September 4, 2002 CITY MANAGER'S REPORT None ADJOURNMENT There being x6f} Cher business Mayor Streit adjourned the meeting at 10:50 p.m. City CMC City Council Minutes 21 September 4, 2002