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HomeMy WebLinkAbout12-18-1996 City Council Minutes HINUTES SARATOGA CITY COUNCIL TIME: Wednesday, December 18, 1996 - 5:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 5:30 p.m. - Closed session pursuant to Government Code Section 54957: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager The Mayor announced that the closed session was continued to 6:30 p.m. on January 15. 6:30 p.m. - Interviews with Commission Applicants - Administration Conference Room, 13777 Fruitvale Avenue Public Safety Commission Andreson - 6:30-6:45 Parks and Recreation Commission Olsen - 6:45-7:00 Deimler - 7:00-7:15 7:30 - Pledge of Allegiance - Led by Kevin Hwong 1. ROLL CALL Councilmembers Present: Mayor Moran, Vice Mayor Wolfe, Councilmembers Shaw, Jacobs and Bogosian. Staff Present: City Manager Peacock, Director of Public Works Perlin, Finance Director Fil and City Attorney Riback. 2. CEREMONIAL ITEMS - None. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Peacock reported that pursuant to Goverrnnent Code 54954.2, the agenda for this meeting was properly posted on December 13. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMI8SIONS - None. C. WRITTEN COMMUNICATION8 Councilmember Bogosian announced that a communication had been received tonight from W. D. Whetstone and had been distributed to Councilmembers. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Plannlng Commission Actions, 12/11 - Note and file. 2) Parks and Recreation Commission Minutes, 11/4 - Note and file. 3) Libraz-/Commission Minutes, 10/23 - Note and file. 4) Public Safety Commission Minutes, 11/11 - Note and file. 5) Memo Authorizing Publlclty for Upcoming Hearings - Phipps Appeal of Constantin Project 6) Approval of Grant of Easements in connection with Approval of DR96-013 and Authorization for City Manager to execute Grant Deed City Council Minutes 2 December 18, 1996 7) Final Acceptance of Construction Contracts and Authorization of Notices of Completion for 1996 Pavement Management Program and saratoga Avenue Traffic signal Project 8) Amendments to License Agreement with chevron USA, Inc. authorizing Installation of Groundwater Monitoring Wells on City-owned Property and Authorization of Execution by Mayor - Removed by Councilmember Bogosian 9) City Financial Reports for November: a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. 10) Approval of Check Register SHAW/JACOBS TO APPROVE CONSENT CALENDAR iTEMS 5.B.1 THROUGH 7 AND 9AND 10. PASSED 5-0. S) Amendments to License Agreement with Chevron USA, Inc. authorizing Installatlon of Groundwater Monitoring Wells on City-owned Property and Authorization of Executionby Mayor - Removed by Councilmember Bogosian Councilmember Bogosian asked how long the cleanup would take. Public Works Director Perlin said these wells represent the final stages of a multi year cleanup which will total six or seven years by the time they are done. This phase will take a year to a year and a half. Councilmember Wolfe asked if there was something exceptional about this site that was causing it to take so long. Public Works Director Perlin said the only thing different is that they are closing the site as a gas station so they have to assure that the cleanup is undertaken. Where they intend to continue operating they are able to install the new facilities and concurrent with that they can begin cleanup operations, similar to what happened at the corporation yard a few years ago. He said it is not necessary to delay what is proposed for the site~ they can use the property so long as it does not interfere with the cleanup. WOLFE/BOGOSIAN TO APPROVE THE PROPOSED AMENDMENT TO THE AGREEMENT WITH CHEVRON USA, INC. AND AUTHORIZE EXECUTION BY MAYOR. PASSED 5-0 C. CLAIMS AGAINST THE CITY - None. 6. PUBLIC HEARINGS - None. 7. OLD BUSINESS A. Recommendation from Public Safety commission to perform a Traffic Calming Study for Baylot Avenue (continued from 11/6) Public Works Director Perlin presented the staff report and stated that the aerial photographs currently available can be used for the study. SHAW/WOLFE TO ACCEPT THE PROPOSAL FROM CCS PLANNING AND ENGINEERING INC. TO PERFORM THE STUDY FOR BAYLOR AVENUE NOT TO EXCEED $4,000 ANDTO DIRECT STAFF TO PROCEED IMMEDIATELY WITH THE UNDERSTANDING THAT IN THE EVENT THAT BEtweEN NOW AND THE MIDDLE OF JANUARY THE PUBLIC WORKS DIRECTOR I8 UNABLE TO FIND FUNDS, THEY WILL BE TAKEN FROM THE CONTINGENCY RESERVE FUND. Councilmember Wolfe commented that Council had continued this because of funding but it appeared that staff had found the funds. It is important also that this study will be of other uses to the city in the future. City Council Minutes 3 December 18, 1996 THE MOTION PASSED 5-0. Mayor Moran thanked Public Safety Commission Chair Biester who was available to answer questions. B. Resolution adjusting Budget for Sherlff,s Department' Costs (continued from 12/4) City Manager Peacock referred to a supplemental memo sent to Council following Friday's meeting where communication costs were reviewed. He said he was recommending that this item be tabled until appropriate revisions to the cost estimates can be made and staff can provide a resolution containing these revisions to council. SHAW/BOGOSIANTO TABLE THE RESOLUTION AMENDING THE FISCAL YEAR 1996/97 BUDGET. PASSED 5-0. 8. NEW BUSINESS A. Financial Reports 1) city of Saratoga Report on Final Results, Acceptance of ComprehensiveAnnual Financial Report, and single Audit Report Finance Director Fil presented the reports and said they had been reviewed by the Finance Advisory Committee who approved staff' s recommendation. WOLFE/SHAW TO NOTE ~ FILE THE REPORTS. PASSED 5-0. 2) SaratogaPublic Financing Authority Financial Statements At 7:51 p.m., Council adjourned as'City Council and reconvened as Saratoga Public Financing Authority. ROLL CALL Authority Members Present: President Moran, Vice President Wolfe, Members Shaw, Jacobs and Bogosian. SHAW/BOGOSIAN TO NOTE AND FILE THE FINANCIAL STATENENTS. PASSED 5-0. At 7:52 p.m. Authority Members adjourned as Saratoga Public Financing Authority and reconvened as City Council. ROLL CALL Councilmembers Present: Mayor Moran, Vice Mayor Wolfe, Councilmembers Shaw, Jacobs and Bogosian. B. Approval of Agreement with Coyote Creek RiparianStation to provide Storm Water Program Field Services Public Works Director Perlin presented the staff report which provided information on CCRS and some of their activities in the community. He said contracting for these services is more cost effective and will reduce long-term costs. He introduced Chris Fisher from CCRS who distributed materials and stated she was available to answer questions. Ms. Fisher said they walk through the streams once every six months over a period of three years. After that they are available to residents of the County for assistance in documenting pollution compliance. However, funds are limited and their ability to do intensive follow up after pollution is limited. She said working with cities will allow them to do better job. Ms. Fisher said they currently do not have contract with other cities but they are working with the Santa Clara Valley Water District to do a biological assessment and streamkeeper projects where they speak to community groups. The Riparian Outreach Specialist position is new. City Council Minutes 4 Decm~er 18, 1996 They piloted it on Saratoga Creek during the last six months but have not taken it anywhere else yet. WOLFE/SHAWTOAPPROVETHE AGREEMENTWITH COYOTE CREEK RIPARI~NSTATION TO PROVIDE STORM WATER PROGRAM FIELD SERVICES AND THAT UPDATES TO THE COUNCIL WILL BE IN THE QUARTERLY REPORTS TO THE REGIONAL BOARD. Jeff Schwartz, San Marcos Dr., said he had had some positive contact with Ms. Fisher. He suggested that Council might want to have a little more background on the status of the riparian station before signing an agreement. He said the picture they got is somewhat less than complete. Public Works Director Perlin said the agreement is structured to use them as needed or on call. They will respond only when called to do a special task. He informed Council there had been no bidding procedure because they did not have a scope of services to bid on. The Riparian Station has been engaged on a Countywide basis for the last couple of years and his sense was that the level of performance at the Station has been quite good. Anything the Riparian Station does for the city under this agreement will be directed. They will reportto council and the public can see reports. He said he thought there were adequate provisions and protections in the agreement. He said to his knowledge there was no one else who provided this service in this area. THE MOTION PASSED 5-0. C. Resolution adjusting 1996-97 Budget for Bicycle Network Improvements Phase I (Capital Project 9603) Public Works Director Perlin presented the staff report. SHAW/JACOBS TO ADOPT RESOLUTION NO. 42.5 ADJUSTING THE 1996-97 BUDGET FOR BICYCLE NETWORK IMPROVEMENTS PHASE I (CAPITAL PROJECT 9603). PASSED 5-0. D. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. 9. ROUTINE MATTERS A. Approval of Minutes - 12/3; 12/4; 12/10 WOLFE/SHAW TO APPROVE THE DECEMBER 3, DECEMBER 4 AND DECEMBER 10 MINUTES AS PRESENTED. PASSED 5-0. 10. CITY COUNCIL ITEMS A. Proposed Changes in Procedures for Meetings and Agendas - Bogosian Item 1. Staff willagendize to regularly scheduled Wednesday meetings all items for which it is reasonable to expect a large public turnout. Item 2. Staff will agendize items of a non-controversial nature to TUesday adjourned meetings when Wednesday agendas are full. Item 5. By 1/15/97 staff will report to council the feasibility of conducting all Tuesday evening adjourned meetings in the community center. Councilmember Jacobs said he did not think staff should be the ones to make decisions as to what is or is not controversial and that where meetings are held should be based on the size of the crowd. He observed that they tend to place on Wednesday business items that require public hearings and a vote and the Tuesday night meetings are usually work sessions where they meet with commissions. Councilmember Wolfe said the question is who would they displace if they held meetings in other places. To make it convenient a larger room would be appropriate. He agreed that the decision as to what is City Council Minutes 5 December XS, 1996 or is not controversial is up to Council and the Mayor to communicate to staff. Councilmember Shaw agreed that the agenda should be a joint effort by the Mayor and City Manager. He said the adult day care facility would be ideal for some of the meetings. City Manager Peacock agreed with Councilmember Shaw because the center is seldom used in the evening so it could be simple to make it a more or less permanent place for those meetings. Councilmember Shaw said he thought Councilmember Bogosian was trying to keep business moving so there could be two meetings a month. Councilmember Jacobs said most adjourned meetings were scheduled with specific groups or for work shops where they are not making final decisions. Councilmember Bogosian stated that it seemed a commitment toward his objectives had been articulated. City Manager Peacock said staff knows what the class schedules are so they could probably report back to Council regarding use of other rooms by January 15. Jeff Schwartz, San Marcos Drive, applauded the suggestions in the memo but said he disagreed with the reasoning. The major concept is not convenience but access to government. He said there are two issues within that: 1. TV coverage made a lot of difference in public knowledge. Meetings are seen even though poorly attended. 2. Knowledge of agenda. When Council meets four times a month it is almost impossible for people to know what is on the agenda; he said Saratoga does not do as much as other communities as far as publishing agendas. The old procedure was that Council would meet Wednesday and if they could not finish, it would be continued to Tuesday. He thought this would be preferable. He stated the opinion that there had been poor judgment about what was assigned to meetings which were closed to television and said an example was the garbage contract. He said he though politically sensitive matters were .purposely scheduled to Tuesday. He said the joint meetings could be held here with conference tables on the stage. Item 3. Oral communications from the public will be heard as necessary until public hearings at 8:00 p.m. IF oral communications require additional time, they will be heard ]mmedlatelv after the conclusion of the public hearings and before any other council business is addressed. Item 4. The oral communications segment of the agenda will include opportunity for councilmember response, including direction to staff when appropriate. Councilmember Jacobs said oral communications have not been limited even though the agenda says they are limited to 15 minutes. If it was placed before new business and old business, people who are here for those items would have to wait in line for oral communications to finish. It is a question of who gets inconvenienced. Councilmember Bogosian said he had hoped his whole proposal would be looked at as a unit and that the process would allow more access to public officials. He said they could look at a time limit on individuals but said he did not have a specific time in mind for the entire oral communications portion of the meeting. Councilmember Wolfe said it should be a consideration as to whether the people who are on the agenda should be inconvenienced. He said he did not think there has been a lack of access to government. Councilmember Jacobs pointed out that in recent months they have placed oral communications on adjourned meeting agendas. There are not many occasions where oral communications carryover during regular meetings. City council Minutes 6 Dec-m~er 18, 1996 Councilmember Shaw suggested making the initial period until 8 p.m. In regard to Item 4, City Attorney Riback stated that while there is no rule that says Councilmembers cannot respond to items not on the agenda, the Brown Act limits their ability to do so. Council is restricted to asking questions of the speaker or staff and giving direction to staff to look into the matter or to agendize it. Discussion followed regarding Council acknowledgment of oral communications. Item 6. By 1/15/97 staff will report to council the feasibility and costs associated with telsvising all meetings, including Tuesday adjourned meetings. City Manager Peacock said that part of the agreement with the cable company was that they were going to wire the EOC for video so if they are in an emergency situation they could do live broadcasts to update people. Coincidentally the federal government is moving in the same direction in requiring cable companies to provide by July, 1998 a system whereby this can occur. The FCC has not finalized regulations or technology. The EOC has been cabled. Staff is working on the kinds of equipment that will be needed and how it could be done. The matter needs a lot of study. He said the other problem was programming issues. He said it costs about $3,000 a year for staffing to televise meetings. Because of programming concerns, he said it is important for Councilto consider that all Council meetings be the same night of the week. He said before they can ask for a cost analysis, they need to know which room will be used. Mayor Moran said she was in favor of tabling this item until January 15. Item 7. By 1/15/97 staff will report to council the feasibility and costs associated with making the theater stage handicapped accessible, or alternatively, whether providing a floor-level podlum for handicapped would comply with ID~ requirements. Stage will be equipped with a podlum so that persons addressing the council would be on the same level as council. In order to facilitate the podium on stage and provide for any exhibits which may be used, the Public Works Director and Xinutes Clerk will be relocated to the floor level. Councilmember Wolfe said they are probably out of compliance with ADA but it is a matter of the cost of redesigning this building. Referring to being on same level, that occurs at Tuesday meetings. He said if they are all on same level, people in the back cannot see Council. Councilmember Jacobs said the basic concern is cost and they were talking about something that would not be useful to theater people or other groups. He said it is a question of cost effectiveness and the big problem is ADA. Public Works Director Perlin said there is an in house task force charged with bringing all facilities into ADA compliance. This is a monumental task and they are still in the planning stages. Me informed Council that from an ADA standpoint they are better off having everyone speak to them from the lower microphone. Once they make the stage available for some they have to make it available for all. The only quick and easy way would be to install a portable lift. They would have to evaluate whether it is worth it. City Manager Peacock said there is no street level access backstage. and no room inside the building to build a ramp. Public Works Director Perlin said the definition of disabled is not just people in wheelchairs. Mayor Moran stated Council's consensus on the items in the memo as follows: Regarding the Tuesday and Wednesday meetings, it is a good idea for the City Council Minutes 7 Dee~nher 18, 1996 Mayor to work with staff with an increased awareness of which items would be of wide public interest and which would be of lesser public interest and adjust decisions about the agenda accordingly. She said input from fellow Councilmembers would be important to her. Oral communications - They would save a time for oral communications before old business (15 minutes),then if there are more put a section later in the agenda. Council wants to hear on January 15 about the feasibility of having the Tuesday meetings in the community center and will decide which room they will be in. They will then want to know what efforts will be made in the future to get cost estimates on the feasibility of televising all meetings. Put changes in the podium and theater on hold in light of information received at this meeting. Councilmember Wolfe commended Councilmember Bogosian for his thoughtful proposal and said he thought the discussion had been productive and done with respect and dignity. B. Topics for Town Hall Meeting January 11 Mayor Moran suggested making the January 6 meeting the Town Hall meeting, requested that the City Manager and Finance Director attend and suggested that it be in a bigger room. C. Agenda items for adjourned regular meeting 1/7 - Joint Meeting with Library commission city Manager Peacock said staff will get for Council a list of items the Commission would like to discuss. They have a report which will be the basis for their discussions and staff would make sure Council has a copy as soon as possible. D. Other Councilmember Bogosian called attention to the letter of Mr. Whetstone dated December 18 and asked he City Manager to prepare a response to be presented on January 15. City Manager Peacock stated that he would consult with the City Attorney regarding his response as it related to litigation. Councilmember Wolfe said he would like Council to consider recognition of the efforts of citizens more often. He cited the committee who had worked on sound abatement on Route 85. 11. ADJOURNMENT The meeting was adjourned at 9:30 p.m. to 7:00 p.m. on Monday, January 6, in Senior Day Care Center, 19655 Allendale Avenue, then to a closed session at 6:00 p.m. on Tuesday, January 7, in' the Senior Day Care Center pursuant to Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Name of case: San Francisco Baykeepers v. City of Saratoga) immediately followed by an open session for the purpose of a joint meeting with the Library Commission at 7:00 p.m. Respectfully submitted, Roberta Wolfe Minutes Clerk