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HomeMy WebLinkAbout03-05-1997 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 5, 1997 - 6:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6:00 p.m. - Closed Session in Administration Conference Room, 13777 Fruitvale Avenue pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Names of cases: Bloxham vs. City of Saratoga; Guadalupe/Green Valley vs. City of Saratoga; San Francisco Baykeepers vs. City of Saratoga 7:15 p.m. - Television Training for Councilmembers in Civic Theater The Mayor announced that no action had been taken in the closed session. 7:30 p.m. - Pledge of Alleglance - Led by Councilmember Jacobs 1. ROLL CALL Councilmembers Present: Mayor Moran, vice Mayor Wolfe, Councilmembers Bogosian, Jacobs, and Shaw. Staff Present: City Manager Peacock, Director of Public Works Perlin, and City Attorney Riback. 2. CEREMONIAL ITEMS A. Proclamations concerning Blue Hills School Exchange Program with Montmorency, France WOLFE/SHAW TO APPROVE THE PROCLAMATION. PASSED 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Peacock reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on February 28. Mayor Moran thanked Mr. Peacock for his years of service to the community. She also thanked Paul Curtis, former Director of Planning, who had ended his employment with the City the previous Friday. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Cheriel Jensen, 13737 Quito Road, former city Councilmember, said she received a call from a friend about the City considering allowing an applicant to subdivide on the steepest lands in Saratoga. When she went to the Planning office, she learned that there is a draft EIR for the 27-acre Wong property to subdivide as well. She said the Planning Commission has the power to approve subdivisions, and the Council would only get to consider the applications if they were appealed. In her opinion, appeals are expensive. She said there are presently 22 homes in Saratoga without proper access because of landslides in areas were engineers and geologists assured people this would not happen. She asked Council to find a way to have these matters come before them. city Attorney Riback suggested that since the Eitzen project is currently before the Planning Commission, it would not be appropriate for the Council to consider the matter at this time. In regard to the Wong project, Public Works Director Perlin said it has gone forward to the Planning Commission and is still in the ~lication processing stage. He said that probably the first time it would go to the Commission is when the EIR is ready for their consideration. Ms. Jensen asked that Council take up the issue of the cost of appeals because they are often beyond the resources of citizens. B. COMMUNICATIONS FROM COMMISSIONS l) Report from Library Commission on Library Expansion city council Minutes 2 March 5, 1997 City Manager Peacock reported that when the Commission met with Council in January they made a proposal on how they would like to proceed with the expansion. Council asked them to bring the RFP back so they could look at it. The Commission would like to send the RFP out to architects so they can proceed. The proposed timetable was included with the report. Mr. Peacock said the RFP appears similar to the one sent out five years ago for preliminary work. He said Council could authorize the Commission to go forward with soliciting proposals for the expansion. Mayor Moran asked that the matter be continued to an adjourned meeting so staff could 'provide a recommendation. Councilmember Bogosian said the expansion is being paid for through the JPA. Council's concern was that they be involved in the process insofar as looking at the design. He volunteered to meet with the Library Commission and report back. By consensus, Council received the report and asked that the matter be placed on the March 19 City Council agenda. Councilmember Shaw suggested moving the opportunity for public input forward on the timetable. Mayor Moran requested that someone from staff or the committee or both be piesent at the March 19 meeting. They could address Councilmember Shaw s concern at that time. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 2/26 - Note and file. 2) Library Commission Minutes, 12/18 - Note and file. 3) ADA Improvements - Phase 1 (Project 9302) - Award of Construction Contract: Declaration of JJR Construction to be the lowest responsible bidder; award of contract to JJR in amount of $83,790; authorization of staff to 'issue change orders up to $10,000. Removed by Councilmembers Shaw and Wolfe. 4) Saratoga-Sunn~vale Rd. Median Landscaping (Project 9601) - Award of construction contract: Declaration of Pacific Parks Landscaping to be the lowest responsible bidder; award of construction contract to PPL in amount ]of $63,329; authorization of staff to issue change orders up to $10,000. Removed by Councilmember Shaw. 5) Budget resolution on contingency funds - Previously removed. 6) Budget resolution 96-42.9 providing funds for special payroll expenditures 7) Resolution Mv-227 establishing Multi-way stop at Crisp Ave./Granite Way per Recommendation from Publlc safety Commission 8) Award of Contract with HTE for Computer Software and IBM Hardware pursuant to Council Instructions 2/25. Removed by Councilmember Shaw. 9) Memo Authorizing Publlclty for Upcoming Hearings - Pinn Bros. Appeal; Argonaut Shopping Ctr. Review; Binkley GPA and Zoning Change City Council Minutes 3 March 5, 1997 10) Approval of Check Register 11) Resolution 97-09 appointing Larry Perlin as Acting City Manager 12) Resolution 97-10 on city 457 Benefits Plan BOGOSIAN/JACOBS TO APPROVE CONSENT CALENDAR ITEMS 5.B.1, 2, 6, 7, AND 9 THROUGH 12. PASSED 5-0. 3) ADA Improvements - Phase 1 (Project 9302) - Award of Construction Contract: Declaration of JJRConstruction to be the lowest responsible bidder; award of contract to JJR in amount of $83,790; authorization of staff to issue change Orders up to $10,000. Removed by Councilmembers Shaw and Wolfe. Councilmember Wolfe said this sounds good but there may be ways to spend the City's money that would even better benefit the handicapped. He proposed a study as to how often the curb cuts are used and said this might be a chance to communicate the study to the federal representatives with an eye toward reform of the ADA. Councilmember Shaw requested more information regarding the scope of work. Councilmember Jacobs said the source of funding is CDBG funds. Councilmember Wolfe repeated that this is an opportunity to instruct the federal government as to how to spend our money and asked that the matter be tabled. Councilmember Bogosian said he was comfortable with staff~s recommendation and thought it would improve the City for everyone. Public Works Director stated this is the standard way staff presents reports on awards of contracts, but that he would be happy to make copies of the technical and general specifications available for Councilmember Shaw. In regard to questions as to whether the City has a choice in whether to comply with the ADA, City Attorney Riback stated that the ADA does require that ramps be put in shortly after work is accomplished on the streets themselves. Public Works Director Perlin added that constructing the ramps now would eliminate the need to install them in the future when work is done on the streets, and when they would not be able to use grant monies. Councilmember Wolfe repeated that perhaps this is the time for a study. JACOBS/SHAW TO DECLARE JJR CONSTRUCTION, INC. OF SAN MATEO TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. PASSED 5-0. JACOBS/SHAW TO AWARD A CONSTRUCTION CONTRACT TO JJR CONSTRUCTION~ INC. IN THE AMOUNT OF $83,790. PASSED 5-0. JACOBS/SRAW TO MOVE TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $10,000. PASSED 5-0. 4) Saratoga-SUnnyVale Rd. Median Landscaping (Project 9601) - Award of construction contract: Declaration of Pacific Parks Landscaping to be the lowest responsible bidder; award of construction contract to PPL in amount of $63,329; authorization of staff to issue change orders up to$10,000. Removed by Councilmember Shaw. Councilmember Shaw asked if there were other areas on Saratoga- Sunnyvale Road that would benefit from this work. Public Works Director Perlin answered no, and that the goal is to eliminate all turf medians in order to reduce maintenance costs. City councll Hinutes 4 March 5, 1997 JACOBS/BOGOSIAN TO DECLARE PACIFIC PARKS LANDSCAPING, INC. OF HANFORD TO BE THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. PASSED 5-0. JACOBS/BOGOSIAN TO AWARD A CONSTRUCTION CONTRACT TO PACIFIC PARKS LANDSCAPING, INC. IN THE AMOUNT OF $61,305.36. PASSED 5-0. JACOBS/SHAW TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS TO THE CONTRACT UP TO $10,000. PASSED 5-0. JACOBS/BOGOSIANTO DIRECT STAFF TO SOLICIT QUOTES FROM THE CONTRACTOR8 PERFORMING ON CAPITAL PROJECTS 9505 AND 9601 TO EXTEND THE MEDIAN LANDSCAPE RENOVATIONS ALONG SARATOGA AVE. FROM COX AVENUE TO KOSICH DRIVE. PASSED 5-0. 8) Award of Contract with NTE for Computer software and IBM Hardware pursuant to Council Instructions 2/25. Removed by Councilmember Shaw. Councilmember Shaw said that previously, he had reluctantly gone along with the contract as proposed. He said he was concerned that they got caught in a technological situation where they are timewise unable to take advantage;of the major breakthroughs in software and hardware, specifically Microsoft's Windows and NT system. He encouraged the MIS manager being charged with trying to modify the City's technology plan to provide for acquiring the capability through greater training of available staff and calling upon community members to try to provide us with ongoing capability to see if the City's needs can be satisfied by using the database programs in the Windows environment. Mayor Moran said she appreciated Mr. Shaw's forward-looking approach. She said this system will rapidly become obsolete and need updating. In an effort to.pare cost from $975,000 to the $700,000 range, they are making some false savings. She urged putting in a provision for a MIS replacement fund of $25,000 a year for a total of $125,000. Councilmember Shaw suggested they address that potential need during future budget discussions. City Manager Peacock said Council may want to look at setting the money aside as a replacement reserve fund that could be spent as needed. Councilmember Bogosian stated for the record that he supported Counclmember Shaw's suggestion of having a technology advisory committee of citizens that can assist staff in dealing with some of these issues. 'He asked staff to come back with a proposal on that within six months. He also asked for figures on savings in personnel costs; these figures should be available within a year after installation of: the equipment. He said he understood the needs that exist and was prepared to support staff's proposal. Counclmember Wolfe said he was glad they were moving forward and complimented Councilmember Shaw for spending time studying the issue. He thought an ongoing review team was a good idea. WOLFE/JACOBS TO AWARD THE CONTRACT TO HTE FOR COMPUTER SOFTWARE AND IBM HARDWARE PURSUANT TO COUNCIL INSTRUCTION 2/25. PASSED 5-0. C. CLAIMS AGAINST THE CITY - None. PUBLIC HEARINGS 4. A. Oral communications (continued) and instructions to staff regarding actions on current oral communications , 7. OLD BUSINESS A. Discussion of Leafblower Survey City Manager Peacock referred to the report former Planning Director Paul Curtis had sent to him in 1994 which included results of a survey City Council Minutes 5 March 5, 1997 done at that time. Councilmember Shaw read a statement suggesting staff prepare an announcement establishing the intent of Council to provide residents of Saratoga an ample opportunity to discuss the question of banning or imposing more stringent controls on leafblowers in Saratoga. The announcement should provide notice of a workshop at which the subject can be discussed by all interested parties. A stated objective will be that the final step of the workshop is to structure survey questions that can be used to formulate a questionnaire to document the opinions of the community. He said the announcement should to distributed as widely as possible, including newspapers, television, neighborhood groups and landscaping/gardening businesses. Staff could categorize the opinions received and provide the results to Council for further consideration and action. City Manager Peacock said the earlier opinions were solicited through an article in the Saratogan. Counclmember Bogosian supported Counclmember Shawls proposal and noted that in the earlier information it was stated that CSOs had checked out complaints but there were no violations of the noise ordinance. He said he would like to know how many times they took sound readings. City Manager Peacock said the information is probably not available as it is more than three years old. Counclmember Wolfe said perhaps the workshop could be in the form of a town meeting. People will have to consider the alternative which could be costly. He said he would like to see the matter handled by neighborhood groups and civic organizations. Counclmember Jacobs said he tended to agree with Vice Mayor Wolfe that if this is a significant community issue he would like to see community workshops and keep staff involvement as limited possible. Counclmember Shaw said they could take it by steps and he did not think it would be a drain on staff to set up workshops and send out letters. It would depend on the response whether to go on with the process. Councilmember Moran said she would like to see a homeowner group have a meeting and see what kind of issues are raised, then use their findings as a pilot for community-wide meetings. She said she would like to focus attention at the town hall meeting on LLA districts and see how people felt about those assessments. She said she believed that the issue of leafblowers, lawn mowers, barbecues and other activities and devices will be increasingly regulated by the state. Counclmember Shaw agreed to introduce the matter to the Saratoga Woods Homeowners Association. B. Consideration of Freeze on Hiring of staff City Manager Peacock said this is an information item only and referred to the status report given to Council. Staff suggested that none of the permanent vacancies except City Manager be filled and that a formal hiring freeze is not necessary because that is staffIs intention. Mayor Moran said there needed to be an understanding that there will be no hiring until personnel decisions have been made with regard to the budget. City Manager Peacock stressed that they were not referring to summer hires, but to full time, permanent positions. Mayor Moran stressed that efforts to replace the City Manager will go forward. C. Report on Notjoe of Intent to Dispose of 4.53 Acres of Real Property, E1 Quito Elementary School, 18720 Bucknall Rd. Moreland School District City Councll Minutes 6 March 5, 1997 City Manager Peacock presented the staff report and stated that it does not appear that taking action to try to acquire this property is a high priority in terms of use of the funds. In addition, he did not think it would do much to improve E1 Quito Park facilities. Discussion followed regarding use of the property as a private school as opposed to being developed as housing. City Manager Peacock said the property is zoned for residential and allows for institutional use. Thus, no zoning change would be required if it were tobe developed for housing. He said the District is under no obligation to offer the property to the City after this offer is considered. Counclmember Shaw supported Councilmember Wolfe's suggestion of sending the strongest possible letter to the District indicating that the City of Saratoga would like to see the property remain as a school. Councilmembers Jacobs and Bogosian supported this. Mayor Moran said it was Council consensus to direct that the City take no action to acquire the property. She said she would send the letter. D. Report on Possibility of Televising Adjourned Regular City Council Meetings City Manager Peacock reviewed staff's recommendations. He said the funds must be used for television-oriented activities because the money came from subscribers. For example, it can be used to fund televising of future meetings. Mayor Moran said she would like to set some funds set aside to televise future meetings so there would be less impact on the general fund. She said perhaps Planning Commission meetings could also be televised. In answer to Council's questions, City Manager Peacock said they have used the EOC for an emergency four times in 11 years, and in every case a large part of the City was without electricity. In regard to' spending $15,000 to update the EOC, City Manager Peacock said FEMA and the FCC are supposed to come up with required standards for emergency broadcasts on cable TV by the summer of 1998. He said emergency information is .available on AM radio. He suggested that perhaps the EOC update is something the City Council may want to consider putting on the back burner until they see what the federal agencies come up with. The cable company might be required to pay for EOC broadcasting improvements. City Manager Peacock said KSAR has blocked out Wednesday evening for government access. Under the franchise agreement, the City has access to three channels on a tiered priority basis. Councilmember Jacobs said he was not in favor of the proposal for either the senior center or the EOC. He said there is a finite amount of money and when that is gone they will be payin~ for televising meetings out of the general fund. He thought they would be better served to televise regular meetings as far into the future as possible, perhaps including Planning Commission meetings, instead of televising Tuesday night City Council meetings. Councilmember Bogosian supported having adjourned meeting broadcast as he believed significant issues are considered during those meetings. He said if Council is serious about getting public participation in the government process, this is a small price for a wealth of involvement. He agreed with holding off on EOC changes. Councilmember Wolfe said he thought being an open community is being face to face, and they have done that by opening up a larger room for ' the adjourned meetings. He thought televising was a remote way to communicate. He did not agree that Planning Commission meetings should be televised. Councilmember Shaw said he thought it was important to have open meetings and take advantage of technology. He thought the changes should be made so that the meetings at the senior center can be televised. He also thought they should televise Planning Commission City Council Minutes '7 March 5, 1997 meetings but agreed regarding deferring changes to the EOC. Mayor Moran said she was happy to have the equipment installed at the senior center and it was fine if they televise Planning Commission meetings. She stated that she believed the $8,500 should be set aside to pay for salaries for televising meetings. City Manager Peacock said staff will come back with the final proposal and an. agreement with the engineer. Councilmember Jacobs clarified that he is not opposed to televising adjourned meetings but the issue is taking a finite sum and prioritizing its use. The money will last less than five years if all meetings are televised and he thought it would be better to make the money stretch longer. Councilmember Wolfe repeated that they encourage communication and want people to be here and participate. They need to be as cost effective as possible. He suggested not including Planning Commission meetings until they know more about the costs. Mayor Moran said they probably need to discuss it with the Commission as well before that decision is made. 8HAW/BOGOSIAN TO EQUIP THE SENIOR CARE FACILITY FOR TUESDAY NIGHT CITY COUNCIL MEETINGS, TO GO AHEAD WITH THE PROPOSAL FOR STAFFING FOR BROADCASTING ALL CITY COUNCIL MEETINGS WHEN THAT FACILITY IS SET UP, TO NOT TELEVISE PLANNING COMMISSION MEETINGS UNTIL MORE IS KNOWNABOUT THE COSTS, AND TO SET ASIDE THE REST OF THE $61,000 FOR BROADCASTING OF MEETINGS. PASSED 4-1~ JACOBS VOTING NO. 8. NEW BUSINE88 A. Landscape and Lighting Assessment District LLA-I: Renewal of Assessments for FY 97-98 Public Works Director presented the staff repFrt,,and explained the process. Discussion followed regarding whata no vote would mean. City Attorney Riback stated this is a problem with Prop. 218. The proposition is unclear and there are many different interpretations of what would happen. He said he believes that if the increase is voted down the assessment is gone. The League of California Cities is attempting to get clarifying legislation passed but this is not likely to occur prior to July 1. City Manager Peacock said maybe there is a way to structure the question in a way that people understand what they are voting for. Public Works Director Perlin said he hoped they could avoid having to go through the balloting every year because there is a cost associated with it that is passed on to the district. Mr. Ken Wilton, 20405 Cox Avenue, said he monitors the costs for plantings along Cox. Last year the assessment dropped materially. He stated he was a representative of Saratoga Creek Homeowners Association and asked if they could be provided with a breakdown of costs. He said information he received from the Howard Jarvis organization which sponsored Prop. 218 states that LLA organization are exempt from the provisions of the law. The City Attorney will look into that statement. WOLFE/SHAW TO ADOPT RESOLUTION 97-11 DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF THE ENGINEER'S REPORT FOR REAUTHORIZATION OF THE DISTRICT FOR FY 97-98. PASSED 5-0 WOLFE/JACOBS TO ADOPT RESOLUTION 97-11.1 APPOINTING THE ATTORNEYS FOR THE DISTRICT FOR FY 97-98. PASSED 5-0. 9. ROUTINE MATTERS A. Approval of Minutes - 2/11; 2/19; 2/20 city Council Minutes 8 March 5, 1997 Councilmember Bogosian stated that between the fourth and fifth paragraph on page 2 of the February 11 minutes, the following should be added: "In response to Commissioner Siegfried's comments, Councilmember Bogosian stated that market competition would ultimately bring the cost of gardening service down should a leafblower ban be enacted.'1 COUNCIL CONSENSUS TO APPROVE FEBRUARY 11 MINUTES AS AMENDEDAND APPROVE FEBRUARY 19 AND FEBRUARY 20 MINUTES AS PRESENTED. 10. CITY COUNCIL ITEMS A. Agenda items for adjourned regular meeting March 11 1) 'Joint Meeting with Public Safety Commission a) PSC Program priorities and 1996 accomplishments b) Current status of City budget and public safety BY CONSENSUS, COUNCIL APPROVED THE AGENDA ITEMS FOR THE ADJOURNED REGULAR MEETING OF MARCH 11. B. Discussion of Proposed Presentation by Dr. John Rosenblum Mayor Moran stated that in response to the letter from Mr. Whetstone, Council needs to determine when Dr. Rosenblum can come and when Council can get the text of his remarks. Discussion followed regarding an appropriate meeting date for Dr. Rosenblum to speak, and obtaining a written text from him. Jeff Schwartz said it was his understanding was that Dr. Rosenblum's comments or remarks would deal with the body of Dr. Williamson's report. He said he cannot commit for Dr. Rosenblum on April 2, and asked if Council would give two dates to choose from. He said he would ask Dr. Rosenblum if he can comply with Councilmember Jacobs' request for an outline of the points he wishes to speak to. He said he agreed with Councilmember Wolfe that perhaps the Council is not obligated to hear anyone, but since they heard from an expert retained by one side in the controversy he would hope that they would let somebody with a different point of view have the same opportunity. Mayor Moran asked Mr. Schwartz if he would provide her with Dr. Rosenblum's address and phone number. She suggested April 2 as the preferred date, with April 16 as a backup date. C. Request for Amicus Support in case of San Diego Gas and Electric co. vs. city of Carlshad City Attorney Riback reviewed his memo to Council. BY CONSENSUS, COUNCIL APPROVED THE CITY'S AMICUS SUPPORT IN THE CASE OF 8AN DIEGO GAS ~ ELECTRIC CO. VS. CITY OF CARLSBAD. Mr. Riback stated for the record that there would be not cost to the City. D. Other Councilmember Bogosian had received information about a briefing for elected officials on the master plan for seniors to be held Wednesday and asked that Councilmembers. call him if they are interested. Councilmember Shaw stated he would attend. Councilmember Jacobs expressed concern about recent letters complaining about abuses of the public parking areas by valet parkers in the Village and said Council needs to discuss this problem. Public Works Director Perlin said staff will be meeting Friday with the valet proprietor. They are trying to put together a, plan to continue with valet service on a Village-wide basis, which will be run through the Saratoga Business Development Council. They are meeting March 25 City Council Minutes 9 March 5, 1997 to talk about what the experience has been, how to continue the service, and to address the issue regarding parking concerns. Councilmember Jacobs said he perceived this not just a problem of taking up space on residential streets but of competing for parking spaces in the Village. Public Works Director said we need to have some stringent rules in place if we are to allow them to continue with the service. Mayor Moran said she will miss the April 2 and April 8 meetings. She also asked for Council confirmation of her sendin~g a letter to a concerned resident stating that it is not the City s intent to sell Hakone Gardens as a solution to their fiscal problems. Councilmember Jacobs suggested letting the public know they cannot sell a public park without a vote of the people. Mayor Moran wanted to make it clear that the City is not selling that park or any other park. 11 · ADJOURNMENT At 9:56 p.m. the meeting was adjourned to next meeting at 7:00 p.m. on Tuesday, March 11, at the Senior Day Care Center, 19655 Allendale Avenue. Respectfully submitted,