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HomeMy WebLinkAbout03-07-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL MARCH 7, 2001 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 Finance Commission, Heritage Preservation Commission, and the Planning Commission. The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: People v. Perry (Santa Clara County Superior Court Doc. No. C- 9943929) Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court Doc. No. CV-784560) Conference with Legal Counsel re: Existing Litigation (Gov't Code 54956.9(a)). Name of Case: City of Saratoga v. West Valley College (Santa Clara County Superior Court Doc. No. CIV756340) Conference with Real Property Negotiator Property: 18870 Allendale Avenue Negotiating Parties: City of SaratogaJ Serbian Eastern Orthodox Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. Property: 13718 Saratoga Avenue Negotiating Parties: City of Saratoga/Sacred Heart Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. Mayor's Report on Closed Session - 7:02 p.m. Mayor Mehaffey reported there was Council discussion but no reportable action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:04 p.m. and requested Councilmember Ann Waltonsmith to lead the Pledge of Allegiance. Mayor Mehaffey noted that Item # 6 - Interim Library Facilities would be pulled from tonight's agenda and placed on the March 21, 2001 City Council agenda. City Council 1 March 7, 2001 ROLL CALL PRESENT: Councilmembers Ann Waltonsmith, Stan Bogosian, Evan Baker, Vice Mayor Nick Streit, Mayor John Mehaffey ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works Cary Bloomquist, Administrative Analyst ABSENT: None REPORT OF CITY CLERK ON POSTING OF AGENDA FOR MARCH 7, 2001 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of March 7, 2001 was properly posted on March 2, 2001. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS No one requested to speak at tonight's meeting. CEREMONIAL ITEMS IA. PROCLAMATION - DECLARING MARCH 11-17, 2001 "SCIENCE FAIR WEEK" STAFF RECOMMENDATION: Read proclamation. Mayor Mehaffey read the proclamation. City Council 2 March 7, 2001 CONSENT ITEMS 2A. APPROVAL OF COUNCIL MINUTES OF: ADJOURNED MEETING - JANUARY 23, 2001 ADJOURNED MEETING -FEBRUARY 13, 2001 STAFF RECOMMENDATION: That Council approve minutes as submitted. STREIT/WALTONSMITH MOVED TO APPROVE THE MINUTES OF JANUARY 23, 2001 AND FEBRUARY 13, 2001. MOTION PASSED 5-0. 2B. REVIEW OF CHECK REGISTER Staff recommendation: Approve the check register. STREIT/WALTONSMITH MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 5-0. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES - FEBRUARY 28, 2001 STAFF RECOMMENDATION: That Council note and file action minutes. STREIT/WALTONSMITH MOVED TO NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 5-0. 2D. ADOPT RESOLUTION APPOINTING COUNCILMEMBER ANN WALTONSMITH TO THE UNION PACIFIC RAILROAD TRAIL TASK FORCE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-015 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA APPOINTING ONE MEMBER OF THE SARATOGA CITY COUNCIL TO BE THE REPRESENTATIVE ON THE UNION PACIFIC RAILROAD TRAIL TASK FORCE STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING COUNCILMEMBER ANN WALTONSMITH TO THE UNION PACIFIC RAILROAD TRAIL TASK FORCE. MOTION PASSED 5-0. City Council 3 March 7, 2001 2E. AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH RICH GENOFF FOR AGRONOMIC SERVICES STAFF RECOMMENDATION: Authorize execution of agreement. STREIT/WALTONSMITH MOVED TO AUTHORIZE AGREEMENT WITH RICH GENOFF FOR AGRONOMIC SERVICES. MOTION PASSED 5-0. Mayor Mehaffey noted that it was not the appropriate time to begin the Public Hearing. Consensus of the Council moved to Old Business - Item 4. OLD BUSINESS BUS SHELTER FEASIBILITY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist noted that Council requested staffto research and compile cost data pertaining to the feasibility of installing covered bus shelters in the City of Saratoga. The Santa Clara County Valley Transportation Authority (V.T.A.) was contacted in an effort to obtain cost data for covered bus shelters, with advertising; versus covered bus shelters without advertising. Analyst Bloomquist noted staff also contacted Eller Media, the advertising company the V.T.A. has contracted with to provide the shelters. Analyst Bloomquist summarized the various costs and other factors associated with the procurement, installation and maintenance of a single bus shelter over a one-month period. Analyst Bloomquist reported that in the present contract between Eller Media and the V.T.A. there is a provision stating 75% of the shelters installed have advertising and 25% do not have advertising. Analyst Bloomquist explained the City of Saratoga has 80 bus stops, which means 60 would have advertising and 20 would have no advertising. Analyst Bloomquist reported that Eller Media shares the advertising revenue with the City; the minimum being $50.00 per month per shelter. Analyst Bloomquist noted that Eller Media does not advertise tobacco, alcohol or gun products, and if any advertisements were reported offensive it would be removed within 24 hours. City Council 4 March 7, 2001 Analyst Bloomquist explained that if the City chooses not to use Eller Media, the average cost of a shelter, like the shelters that were recently completed at the Kerful Cleaners and Argonaut Center, are approximately $10,000.00. Cotmcilmember Waltonsmith noted that her previous request was only to provide bus shelters at key arterials of the City of Saratoga, not throughout the entire City. Councilmember Waltonsmith noted that she supports advertising on the shelters if that is the only feasible way to obtain enough shelters needed. Councilmembers Baker and Bogosian, Vice Mayor Streit, and Mayor Mehaffey all strongly opposed any type of advertising on bus shelters. Councilmember Bogosian requested that this issue return to staff for further research and he suggested the following direction to staff: · Look at the key arterials · Cost range & design alternatives · Volunteer participation (Rotary Club) · ALTRANS - grant funding Mayor Mehaffey concurred with Councilmember Bogosian and directed staff to return with more information at the next scheduled City Council meeting. Mayor Mehaffey thanked Analyst Bloomquist for his report. PUBLIC HEARING PROPOSED ORDINANCE AMENDING CERTAIN PORTIONS OF TITLE III OF THE SARATOGA MUNICIPAL CODE WHICH GOVERNS CODE ENFORCEMENT STAFF RECOMMENDATION: Conduct public heating; waive the second reading; approve ordinance. TITLE OF ORDINANCE: 201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CHAPTER 3 OF THE SARATOGA CITY CODE RELATING TO CODE ENFORCEMENT Richard Taylor, City Attorney, presented staff report. City Attorney Taylor reported that after the public hearing on February 21, 2001 the City Council approved a first reading of the proposed ordinance to streamline the process of certain code enforcement actions and to provide the City with the option of recovering attorneys fees in code enforcement actions. City Council 5 March 7, 2001 City Attorney Taylor noted that ordinarily a second reading matter would be placed on the consent calendar. However, Council directed that in order to ensure that the public had a full opportunity to comment on this matter, the ordinance should be the subject of an additional public heating. Mayor Mehaffey opened the public hearing at 7:29 p.m. and invited any public input. Mayor Mehaffey closed the public hearing at 7:29 p.m. STREIT/BAKER MOVED TO WAIVE THE SECOND READING AND APPROVE THE ORDINANCE AMENDING CHAPTER 3 OF THE SARATOGA CITY CODE RELATING TO CODE ENFORCEMENT. MOTION PASSED 5-0. OLD BUSINESS CONSENT CALENDAR POLICY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer reminded the City Council that at the January 17, 2001 City Council meeting, staff was directed to develop a policy regarding public comments on items on the Consent Calendar. Staff returned at the February 21, 2001 City Council meeting and presented several options of implementing a policy that would comply with Brown Act and the desires of the City Council. City Clerk Boyer noted that staff recommends that Council adopt the proposed policy and approve the amended language on the agenda. Councilmember Baker noted that the proposed policy does not indicate that the public's request to pull an item off the consent calendar was at the discretion of the Mayor. Mayor Mehaffey concurred with Councilmember Baker and suggested the following language be inserted on Section II, Item 2 on the proposed consent calendar policy: Prior to consideration of the Consent Calendar, members of the public attending the meeting shall be given an opportunity to speak to items on the consent calendar and to request that one or more items be removed from the consent calendar. Those items may be removed at the discretion of the Mayor. Items removed from the Consent Calendar will be considered after the City Council acts upon the remainder of the Consent Calendar. City Council 6 March 7, 2001 Consensus of the City Council to insert Mayor Mehaffey's suggested language on Section 1, Item 2 on the proposed Consent Calendar Policy. BAKER/WALTONSMITH MOVED TO APPROVE CONSENT CALENDAR POLICY AS AMENDED. MOTION PASSED 5-0. NEW BUSINESS UNDERGROUND UTILITY DISTRICTS - INFORMATION REPORT STAFF RECOMMENDATION: Accept report and direct staff accordingly. John Cherbone, Director of Public Works, presented staffreport. Director Cherbone explained to the City Council that each year PG&E sets aside approximately $150,000.00 for the City of Saratoga to underground overhead utility lines under the Electric Rule 20 underground conversion program, which was established in 1968 by the Public Utility Commission (PUC). The funds are administered on the City's behalf by PG&E meaning the funds never actually flow to the City. Likewise, the City incurs no direct cost to perform underground conversion projects. Director Cherbone noted that as of August 22, 2001, the City's Electric Rule 20 allocation balance was $1,267,720.00. Approximately $645,000.00 of this amount has been allocated to Underground Utility District 8, Saratoga Avenue between Fmitvale and Barone Court, leaving an allocated balance of $622,720.00. In addition, Director Cherbone pointed out the City holds a $300,000.00 security in connection with the Argonaut project, and a $100,000.00 security in connection with the Azule Project, which can be used towards utility underground conversions along Saratoga-Sunnyvale Road. Director Cherbone explained that PG&E recently ceased all participation in Electric Rule 20 conversion projects, including both private and public, in response to the energy crisis. Director Cherbone briefly explained the process for developing an underground conversion project and noted that the City of Saratoga has completed seven (7) underground utility districts. A discussion took place regarding PG&E's request to the PUC to change their tariff requirements including funding for projects such as conversion projects. Mayor Mehaffey asked Director Cherbone if neighborhoods were still able to fund conversion projects themselves. City Council 7 March 7, 2001 Director Cherbone responded that unfortunately PG&E no longer has the resources to facilitate such projects. After discussing briefly the current status of PG&E's situation, Councilmember Baker raised the issue that the City of Saratoga seems to be low on PG&E's priority list. Councilmember Baker reminded the rest of the Council that during last summer's blackouts the majority of transformers that went down were in Saratoga. They also noted that many of the transformers in the City still contain PCBS. Councilmember Baker requested that staff investigate the status of the transformers that still contain PCBS. Mayor Mehaffey thanked Director Cherbone for the report. PROCESS FOR ACCEPTING AND ACCOUNTING FOR PLAYFIELD DONATIONS STAFF RECOMMENDATION: Approve process. Mary Jo Walker, Director of Administrative Services, presented staffreport. Director Walker reported at the February 27, 2001 City Council meeting staff was directed to return with a process for accepting and accounting for public donations, particularly for the Congress Springs Park Improvement Project. Director Walker stated that the process that staff recommends is intended to provide the public with the highest level of confidence that their donations will be used for their intended purpose, without having to wait for several critical months tmtil a separate Saratoga Community Foundation can be formed. Director Walker briefly highlighted the proposed process and described the Donor Information Form. BAKER/STREIT MOVED TO APPROVE THE PROCESS FOR ACCEPTING AND ACCOUNTING FOR DONATIONS IN CONNECTION WITH THE CONGRESS SPRINGS PARK IMPROVEMENT PROJECT. MOTION PASSED 5-0. CITY COUNCIL ITEMS Councilmember Bogosain referred to an email, which he received from a Saratoga resident complaining that bright colored buildings in the hillside are in her viewshed. City Council 8 March 7, 2001 Councilmember Bogosian requested staff to investigate ways to keep the residents of Saratoga informed about the County's issues, perhaps by posting the County's agendas on the City's website. Councilmember Waltonsmith requested that a disclaimer be added to the postings from the County to inform the residents that the City of Saratoga is not responsible for the accuracy of the agendas. Mayor Mehaffey concurred with Councilmember Bogosian. Councilmember Bogosian requested that staff explore ways and means to require the properties that are exempt from the septic abatement ordinance to abate. Vice Mayor Streit concurred with Councilmember Bogosian. Councilmember Bogosian noted that he received an updated matrix from the Saratoga Union School District and stated that a joint meeting should be held with the District and the Council. Councilmember Waltonsmith reported the poles that were placed at the Parker Ranch trial segment to prevent usage of the trail, have been removed. Councilmember Waltonsmith stated that the usage of the trail by bicycle riders has once again increased. Vice Mayor Streit noted he would direct the Chair of the Parks and Recreation Commission to place this issue on the next agenda. Councilmember Baker explained that he recently received a correspondence from Chairman Beal/SCC Board of Supervisors. Chairman Beal requested that the City of Saratoga inform him of anything that he could do to help the City of Saratoga. Councilmember Baker noted that Chairman Beal does not represent Saratoga, but suggested that the Council draft a letter highlighting the City's concerns on recent County actions and decisions that have affected the City of Saratoga. Consensus of the City Council to send a letter of concern to Chairman Beal/Santa Clara County Board of Supervisors. OTHER Vice Mayor Streit wished his wife a happy birthday. CITY MANAGER'S REPORT Dave Anderson, City Manager, presented a brief update on the status of the Economic Development Coordinator position. Mr. Anderson noted that the interviews were conducted on March 2, 2001. Two candidates were selected and would be invited to participate in an assessment. City Council 9 March 7, 2001 Mr. Anderson noted that Mayor Mehaffey would be participating in the assessment process and requested a second participant from the City Council. Councilmember Bogosian volunteered to participate in the assessment process for the Economic Development Coordinator position. ADJOURNMENT Mayor Mehaffey noted at 8:30 p.m. Council met in open session prior to the beginning of tonight's meeting to make appointments to the Heritage, Planning and Finance Commissions. Mayor Mehaffey noted that unfortunately the Council did not finish their discussions in regards to those appointments and declared that Open Session would continue in the Administrative Conference Room. Mayor Mehaffey adjourned the Open Session at 9:15 p.m. ~gp~ctfully Subrn. Kt~,d City Council 10 March 7, 2001