HomeMy WebLinkAbout02-05-1997 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, February 5, 1997 - 6:15 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
6=15 - Closed Session in Administration COnference Room, 13777 Fruitvale Avenue (1)
pursuant to Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
(Name of case~ San Francisco Baykeepers v. City of Saratoga)~ (2) pursuant to
Government code Section 549572 pUBLICEMPLOYEE pERFOPa~ANCEEVALUATION - Title= City
Manager
The Mayor announced that no actions had been taken in the closed session.
7:15 - Television Training for Councilmembers in Civic Theater - Cancelled.
7:35 - Pledge of Allegiance - Led by Bob Wallace.
1. ROLL C.~T~.
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, Sam Tarani, and City Attorney Riback.
2. CEREMONIAL ITEMS
A. Proclamation concerning Claravale Daiz7 Week
Mayor Moran presented the proclamation to Randal Nelson, President of the Claravale
Dairy Foundation, and Ron Garthwaite, dairyman. Mr. Nelson thanked Council for the
recognition and said donations would always be appreciated.
B. proclamation concerning Random Acts of Kindness Day
Louise Webb accepted the proclamation from Mayor Moran.
C. Proclamation concerning Science Fair Week
Mayor Moran presented the proclamation to Public Works Director Perlin.
3, MEPORT OF CITY ~x.~K ON POSTING OF AGENDA
City Manager Peacock reported that Pursuant to Government Code 54954.2, the agenda
for this meeting was properly posted on January 31.
4. CO~UNICATIONS FROM COMMISSIONS AND ~'~z PUBLIC
A. ORAL COMMUNICATIONS
Bob Wallace, 12881 Foothill Lane, suggested installing Botts Dots on a curve on Pierce
Road to deter speeding cars.
Public Works Director Perlin said one drawback is that driving over the dots creates
noise. Staff will look at the accident history for the area, then refer the matter
to the Public Safety commission at their March 10 meeting for their recommendation.
Mr. Wallace pointed out there is a 25 mph speed limit at that point on the road.
B. COMMUNICATIONS FROM CO~4ISSIONS - None.
C. WRI~-i'~u~ COMMUNICATIONS
1) Notice of Intent to Dispose of 4.53 Acres of Real Property, E1
Quito Elementar~ School, 18720 Bucknall Rd. - Moreland School
District
city Manager Peacock presented the staff report. The District is asking $6-9 million
for the property. According to the District, the property is not subject to below
market rate purchase per the Naylor Act. In addition, during the review of budget
priorities, the Parks and Recreation Director indicated that acquisition of new land
was last on their list. It is staff's view that the City respond that it has no
interest. He said he had received a call from Challenger Nursery School who might
be interested in acquiring the property if the City is not interested. The property
is zoned R1, 10,000 sq. ft. lots.
Councilmember Shaw said he was aghast at losing the opportunity to add square footage
to E1 Quito Park.
City Manager Peacock said he did not know what led to the District's decision to
dispose of the property. A nursery school has been operating there. The law requires
that property be offered to government agencies first.
Following discussion, the matter was continued by consensus of Councilmembers until
the March 5 meeting. Staff was directed to report back on possible means to acquire
City Council Minutes 2 February 5, 1997
the property, including a special bond measure election. City Manager Peacock will
meet with the City Attorney to look at provisions of the Education Code and to confirm
whether the Naylot Act applies to the property.
5. CONSENT C~T.R*NDAR
A. Previously-Discussed Items
1) Resolution amending budget to provide funds for Baylor Avenue
Traffic Calming Study and Hakone Gardens Restroom Project
2) Resolution adjusting terms of Planning Commission and Library
Commission as approved 1/15/97
BOGOSIAN/SBAWTO aPPROVE RESOLUTION 96-42.6 aND RESOLUTION 97-05. PASSED 5-0
B. New Items
1) Plannin9 Commission Actions, 1/22 - Note and file.
2) public Safety Commission Minutes, 1/4 - Note and file.
3) Library Commission Minutes, 11/20 - Note and file.
4) Finance Advisory Committee Minutes, 12/16 - Note and file.
5) Resolution 97-06 accepting Offer of Dedication of Water Line
Easement for RakoneGardens Water System- Removed by MayorMoran.
6) Resolution 95-44.1 rescinding Resolution 95-44 (Vacation of
Esterlee Avenue)
7) Resolution 97-07 Approving Use of aM aster Official Surety BOnd to
Provide Required Coverage for City Clerk and City Treasurer
8) Resolution 97-08 authorizing Destruction of Certain city Records -
Removed by Councilmember BOgosian.
9) Memo Authorising Publicity for Upcoming Hearings - CDBG Hearing
10) Approval of Check Register
11) ~uarterly Report to Regional Water ~uality Control BOard on City
NPDES Activity
12) Amendment to FY 1996-97 Rousing and Community Development Act
Program Budget to allocate $14,700 from Low Xncome Rousing Reserve
to Project Match - Removed by Vice Mayor Wolfe.
WOLFE/JACOB8 TO aPPROVE CONSENT C~x.R~JDAR XTEMS 5.B.1, 2, 3, 4, 6, 7, 9, 10 AND 11.
PASSED 5-0.
5) Resolution 97-06 accepting Offer of Dedication of Water Line
Easement for Eakone Gardens Water System - Removed by Mayor MOran.
Mayor Moran thanked the family who allowed the City to put water lines on their
property to make it possible to reduce costs.
MORAN/SHAW TO aPPROVE RESOLUTION 97-06 ACCEPTING OFFER OF DEDICATION OF WATER LINE
EASEMENT FOR HAKONE GARDENS WATER SYSTEm4. PASSED 5-0.
8) Resolution authorizing Destruction of certain city Records
Removed by Councilmember Bogosian.
councilmember Bogosian asked if the records to be destroyed included contracts and
was informed that the ones to be destroyed were listed in the attachment to the
resolution. Some records are retained permanently, including contracts, easements,
agreement, and insurance coverage.
BO43OSIAN/JACOBS TO aPPROVE RESOLUTION 97-08 AUTHORIZING DESTRUCTION OF CERTAIN CITY
RECORDS, PASSED 5-0 ·
12) Amendment to FY 1996-97 Housing and Community Development Act
Program Budget to allocate $14,700 fromLow Xncome Rousing Reserve
to Project Match - Removed by Vice Mayor Wolfe.
Councilmember Wolfe said he had inquired as to why they are lacking funds and if they
have other funds available. He thought it was appropriate to allocate to this group
and was pleased that a thorough investigation had been done by staff.
WOLFE/SHAWTOAMEND=n~FY 1996-97 ROUSING &COMMUNITYDEVELOPMENTACT PROGRAMBUDGET
TO ALLOCATE$14,700FROMTHELOW INCONEHOUSXNGRESERVETOPROJECTMATCE. PASSED 5-0.
city Manager Peacock said this matter should not have been on the Consent Calendar
because the staff report not only referred to the funding but also asked Council to
consider establishing a policy that off-cycle requests not be considered. He said
City Council Minutes 3 February 5, 1997
this ie the second time this has occurred and considering off-cycle requests would
defeat the purpose of scheduling requests for a specific time of year and
incorporating them into the budget. He expressed concern regarding the staff time
required to analyze the requests and bring them to Council.
WOLFE/SHAW TO ADD TO =n~ PREVIOUS MOTION THAT COUNCIL TAKE POLICY ACTION TO ESTABLISH
THAT FUTURE REQUESTS FOR FUNDING THAT OCCUR OFF-CYCLE NOT BE CONSIDERED. PASSED BY
CONSENSUS.
C. CLAIMS AGAINST rn~ CItY - Dougherty Claim concerning Damage from Tree Trimming
by Contractor
City Manager Peacock presented the staff report.
JACOBS/SHAW TO REJECT THE CLAIM. PASSED 5-0.
6. PUBLIC M~ARINGS - None.
4. A. Oral Communications (continued) and instructions to staff regarding
actions on current oral communications - None.
7. O~D BUSINESS
A. Alternate Landfill Disposal Site Agreement with Newby Island Landfill
(continued from 1/15)
city Manager Peacock presented a brief update on the matter. He clarified the
reference in the previous staff report to the difference in cost to make use of the
alternate landfill site at Newby Island.
Norm Matteoni, 1740 Technology Drive, San Jose, representing Guadalupe Rubbish
Disposal Co., said he disagreed with the statement that the cities are not exclusively
obligated to Guadalupe landfill. He also referred to language on page 2 that
suggested that this is a two-stage process and that the actual decision to implement
the use of the backup would depend on further action by the city Council. In regard
to the six possible reasons cited in the report for seeking a backup landfill
arrangement, he said lack of capacity is not an issue, and the other situations have
not occurred. He stated that Guadalupe expanded and now has approximately 45 years
of capacity.
City Manager Peacock answered questions about the rates paid by the City and the
difference in rates as proposed.
City Attorney Riback clarified that the intent is that if this agreement is entered
into by all four cities, it would not be implemented until such time as the four
cities agree to have their rubbish transported to Newby Island rather than Guadalupe
landfill.
City Manager Peacock stressed that the West Valley cities are not the only users of
Guadalupe.
Jim Lord, General Manager, Guadalupe, responded that the West Valley cities and the
county are their only contracting customers. However, they do receive other waste.
He spoke about their rates ~nd the ongoing dispute regarding the way the contract was
interpreted. He said their current rate of $43.89 was a decrease from the preceding
year. Mr. Lord said he agreed that the proposed contracts from IDC and Guadalupe are
completely different proposals. The Green Valley/Guadalupe proposal would save
Saratoga $89,000 the first year, escalate to $250,000 in year four and hold at that
figure for the remaining term of the contract, for a total saving of $1.4 million.
He noted that they feel this is an exclusive contract and repeated that at their
current disposal rate, their site has 45 years of remaining life while the IDC site
has about 13 years of life. When that site is full the only alternate is using Kirby
Canyon which would require transfer stations. He speculated that if the contracted
waste is diverted from Guadalupe, unless additional waste is found to increase their
tonnage, they might be forced to close the site. Regarding the proposed extension of
Green Valley's disposal contract, he said they offer services that would reduce
traffic, increase recycling, reduce residential rates and add carts by foregoing
short-term profits for the long-term gains of the longer term contract. In
conclusion, Mr. Lord stated they are in mediation with the West Valley cities and hope
they can reach an agreement to allow the contracts to be Mended and extended at a
considerable saving to the City.
City Attorney Riback said Mr. Matteoni and Mr. Lord referred to the issue of
exclusivity. It was his opinion that that agreement is not an exclusive agreement
which means that the City can decide unilaterally to take its rubbish elsewhere. He
said the other three cities' attorneys concur in that opinion.
JACOBS/SHAW TO AUTHORIZE =hE MAYOR TO SIGN AN ALTERNATE LANDFILL DISPOSAL SITE
CONTRACT WITH INTERNATIONAL DISPOSAL COMPANY (IDC) IF ~ CITY COUNCILS OF CARPHELL
AND MONTE SERENe AND THE TOWN COUNCIL OF ~H~ TOWN OF LOS GATES TAKE SIMILAR ACTION
ON THE CONTRACT. PASSED 5-0.
B. Award of Contract for Computer Hardware and Software to HTE-SMI, Inc.
Finance Director Fil used slides and overheads to answer the followingquestions about
the purchase of a computer system= What is the system and what is being replaced?
City Council Minutes 4 Februar~ S, 1997
Why is replacement a matter of urgency? What process was followed? Why is HTE best?
How much is this going to cost? What was the FAC's reco~Faendation? What else? He
talked about problems that have occurred and said the city might not be able to
recover from future failures of the computer system.
Sam Tarani said that based on a comparison with other agencies including Campbell
Union School District and UC Berkeley, saratoga's hardware is obsolete. Be said it
must be replaced because there are no parts available and recommended doing something
before it is to late.
Wayne Dippel, member of the Finance Advisory Committee, said if the City continues
to use the old system they will have a crash. Be said it would cost more to replace
the system on an urgency basis. The proposed system will meet the needs of the City
and should make the city function more efficiently.
Staff and Council discussed the following items:
How many staff positions will be saved and when staff would be able to give an
estimate on this.
· Economic feasibility of using the new PCs instead of replacing the system;
possible loss of productivity and duplication of effort if this is done.
· Cost of replacing network and other half of Pcs.
City Manager Peacock stated that when they started the process in 1987 they could not
tell the City Council how much money it would save in terms of people, but it turned
out that it saves more money every year than it cost for the system. He said they
are proposing replacement of only the most critical parts of the system at this time.
Jeff Schwartz, San Marcos Road, observed that it is obvious the City's system needs
to be replaced. Be asked the followingquestions: 1. What does the $237,000 include?
He said it sounded like it does not include the $75,000 for the local area network
(LAN). 2. Could the City commit tO using the Pentiums, an ethernet or some other
modern LAN, and independent software packages instead of an integrated proprietary
package? 3. Where is the major saving and how can you afford the several hundred
thousand dollars of third and fourth year costs being projected?
City Manager Peacock and Finance Director Fil informed Council that part of the
proposed system would use generic software (Microsoft Office Suite), but there is no
municipal solution available from Microsoft. Mr. Fil said that of the dozen vendors
they had considered, HTE is the strongest and most reliable, and 30-50 cities in
California use their system. They are federally compliant to unique government
requirements, such as encumbrance accounting.
WOLFE/BOGOSIANTO CONTINUE UNTIL .~.um FEBRUARY 25 MEETING. APPROVED BY CONSENSUS.
C. Letter from Willam Kohler, 21842 Via Regina, regarding repair of Villa
Oaks and placing moratorium on further development in Mr. Eden Estates
Subdivision (continued from 1/15)
BY CONSENSUS, COUNCIL CONTINUED =~u~ MA'rX~R TO 2/19 FOR COMPLETE REPORT CONCERNING
ONGOING ACTIONS BEING TAaU~M BY CITY.
D. Proposal to change to Lapel Microphones for Civic Theater
Council/Commission Meetings (continued from 1/15)
Councilmember Bogosian said he could not support the proposal ae presented because
he did not think they can afford it now.
Mayor Moran suggested that they learn how to use the current microphones and table
the matter.
BY CONSENSUS, THE NAI"X~R WAS T~RT.~D.
8. NEW BUSINESS - None.
9. ROUTINE MATTERS
A. Approval of Minutes - 1/15; 1/21
The following corrections were made to the January 15 minutes:
Page 5, Item 5.B.5) - was removed by Councilmember Wolfe (not Shaw).
· Page 4, third paragraph should read, · ReSponding to Councilmember Wolfe's question
as to whether any trees had been removed from the site of the Cheeseman property
to allow construction of Cheeseman's home some years ago, the response was that
he did not how."
· Page 4, fourth paragraph, last sentence should read, "Mr. Doloff opined that the
property is not buildable and nothing should be built.·
· Page 4, sixth paragraph, should read, ". . . in 1957, a neighboring house slid .
· Page 7, Item 8.A, second paragraph, correct spelling to read Mr. Dick Brooding.
Clty Council R inures 5 February 5, 1997
Pages of m inures shou Ld be nmbered.
BY CONSENSUS , COUMC IL APPROVED TRE M IMUTES OF JANUARy 15 AND JANUARY 21 AS CORRECTED .
There was a recess from 9:qc7-9:~,7 pjn.
10. CITY COUgCIL ITEMS
14 ayor 14 oran moved the ageride to Item 10 .B .
B , Report free D r. Rheag il. iiamson on Saratoga Creek Cotiform ]nvestigetion
Director of PubLicWorks PerLin introduced Dr. RheaW iLtiamson. Associate Professor
in the Depar13~ent of Civil Engineering and AppLied 14echenics at San Jose State
University and a recognized expert in the fields of water qua ijty end water chem istry
and some of the environmental sciences. About 8 year ago, Council epproved an
agreement forDr.W iLLiamson to Look lntowater quaijty issues of Ssratoga Creek and
prepare a report. She and some of her graduate students have done that and she wiLL
summarize their findings tonight.
Dr.W iLLiamson showed overheads which summarized the 5 tasks undertaken in the study
as foLLow: 1. Review existing data. 2. [denLily potential contaminants and
sources. 3. AnaLysis of impact of dry Heather storm drain. fLONS algae growth
conditions. /,.Review of CoLiform LeveLs in otherwaterbodies. 5. Review ofheaLth
based Coliform LeveLs. She noted that while indicator organisms are present when
pathogens are, pathogens are not always present when indicator organisms are. She
answered CounciL's questions about facet CoLiform LeveLs at various Locations in the
Creek. She said she and her students had hiked the creek and taken photographs.
(Here in are to be added Councilmember 8ogosian's questions and the answers to them .)
Jeff Schwartz said his Phn . is in experimental psychology. He said Saratoga Creek
has been the subject of controversy, conflict and iitigation. He identified himself
as one of the principals in Friends of Santa C tara County Creeks, one of tuo
piaintjffswho have been in iltigation in Federai court against the C lty of Saratoga
over the issue of enforcement of the CLean Water Act and clean water standards in
Saratoga Creek. He said he thought it was unfair and misleading to have had a
presentation without making a similar acknowledgment of Dr.W iLLiamson's role as an
expert witness for the City. He said the expert witnesses for the Friends group have
reached remarkably different conclusions.
14 r. Schwartz said the report is not e study but more of an essay. There was no
testing done, nor did the report review the videos, or have access to the videotapes
and photos that the Friends had provided. He said the report is farmore speculation
on whatmay be causing poLLution in the creek then it is providing any new information
onthecausesofexistingpoLLution.oneereeofagreementisthattherearefederaLLy
applicable standards for contact recreation uater. In regard to some of the common
misunderstandings, he said ue are talking about dry weather flow but most of the
report deals with wet weather explanations. He described the results of testing of
samp Les he had taken at the upper reaches of the C reek and those taken in the V i L Lags
portion of the Creek. [n regard to the statements about animal droppings. he said
they NouLdn't get into the Creek except in wet Heather fLou. He said the whole
approach is wrong, there is very poor evidence to support the findings, and the
situation is not substantiaLLy as the report would present it. He said the report did
not contain any new information.
Councilmember Jacobs observed that he did not think there had been acknowledgment by
anyone in the City that federal recreationaL water standards apply to the Creek, but
those standards can be used.
R irk Jarvia, attorney representing the City in the Litigation, said the standards in
the basic plan do LegaLLy apply to aiL the creeks in the area. Hogever, any
knowLedgeabLe expert wiLL agree that those standards are not realistic for urban
creeks and that they should not apply to those creeks.
Councilmember WoLfe asked if Dr. W itLismson believed that the children in the
photographs of an urban creek in San LuisObispo were in danger, and is Saratoga Creek
different from that one. D r.W itLiamson said she would be HiLLing to state that she
~ouLd expect that ,ater quality data here would be similar to many creeks.
D iscussion foLLowed regarding the possibility of septic tanks being a solution for
the h igher incidence of indicator organisms in Saratoga Creek. D r.W iLLiamson said
she had found no documentation relating to this.
PubLicWorksDirector PerLin said it is important to recognize that the City is not
responsible for regulation of septic systems. They are regulated by the County
Department of EnvironmentsL HeaLth . In addition. the sewer system is not owned and
operated by the City. one of the difficulties is the City does not contro L them and
has to rely on other agencies carrying out their responsibilities.
in regard to septic tanks. N r. Pertin said a survey had been done a few years ago and
in aLL cases septic systsms were functioning adequately.
In answer to Counci Iraember Bogosian's questions regarding D r.W i LLiamson's kno, Ledge
of the existence of springs she said she had not been given maps pinpointing the
Location of springs.
City Councit II inutes 6 February 5, 1997
NayorNoran clarified that it was not the intention to collect samples, but the focus
was on existing data.
Dr.t4illiamson said they had Looked at data provided by the Santa CLara VaLteyWater
D istrict.
H ayor Horan thanked D r. W iLliamson and moved the agenda to Item IOA .
A, Agenda items for adjourned regutar meeting February It
1) Jointlleeting uith PLanning Commission
Counci bnembers requested that staff provide them with a h istory of Leaf bLoHer issues
including a communication from a citizen that had an article attached.
2) Ctosed Session on Phipps Appear of Constantin Project
3) Report on Study Issues Form
City Hanager Peacock explained that this form ,as b. rought forward by the Heritage
Preservation Comm ission.
C . 0 ther
Referring to a recentPlanningComm jssion hearjng regarding Starbuck's,Councitmmber
Shah asked the city Attorney to advise the Commission to proceed Nith more open
meetings in the future. as he ,as led to believe that testimony regarding economic
viability was not alto. ed to be considered.
C ityA ttorneyR iback responded that the state of la~ is clear that econom ic viability
of other businesses is not a subject that can be used in s Land use context to
determine ~hether or not a new business should be altoNed in the community. One
exception is if a community has made a determination that only a certain number of
a particular type of business be aLto. ed. Hr. RibacksaidhehadadvisedHr.curtis
of this provision of tau.
CityNanagerPeacockctarifiedwhentheCityheldhearings. stating thatStarbuck's
needs a use perm it because any business that serves food or alcohol is considered to
be a conditionally permitted use.
HayorNoran suggested Council m ight ~ent to talk about setting campaign expenditure
tim its with regard to Proposition 208. She said she would rather discuss the issue
in a non-election year and would Like to put it on Council's work plan.
CityNanagerPeacock said staff.iLt provide information on,hat can bedone Locally
and ,hat happens if nothing is done.
11 , AD JOURNNENT
The meeting ~as adjourned at 11:15 p.m. to 6:00 p.m. on Tuesday, February 11, at
Senior Day Care Center, 19655AttendaLeAvenue.
Respectfully submitted,
N inures C lark ~'