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HomeMy WebLinkAbout05-07-1997 City Council Minutes MINUTES SARaTOGA.CITY COUNCIL TIME: Wednesday, May 7, 1997 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed session pursuant to Government Code Bectlon 54956.9(a): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Case: Guadalupe RUbbish/Green Valley Disposal v. City of Saratoga In open session, Mayor Moran announced that the Closed Session had been cancelled. 7:30 - Pledge of Allegiance - Led by Jason and Justin Martin of St. Andrews Boy Scout Troop. 1. ROLL CALL Councilmembers Present: Mayor Moran, Vice Mayor Wolfe, and Councilmembers Bogosian, Jacobs, and Shaw. Staff Present: Interim City Manager Perlin, City Attorney Riback, and Finance Director Fil. 2. CEREMONIAL ITEMS A. Proclamation for Smoke-Free Fnmilies Month BOGOSIAN/SHAW TO APPROVE PROCLAMATION. PA~SED 5-0. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Interim City Manager Perlin announced that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on May 2. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Mr. Jorge Alleyne, Pacific Gas & Electric Customer Support, delivered a check in the amount of $500 from PG&E in support of the City of Saratoga's annual Fourth of July community celebration at Villa Montalvo. Mayor Moran gratefully accepted the donation and announced that the check will be passed on to the Fourth of July Committee. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 4/23 -- Note and file. 2) Finance Advisor7 Committee Minutes, 3/24 - Removed by Councilmember Shaw. 3) Resolution setting date for hearing concerning brush abatement - Removed by staff. 4) Memo Authorizing Publicity for Upcoming Hearings - Wong Appeal 5) Approval of Check Register - Removed by Councilmember Bogosian. 6) Quarterly Report to Regional Water Quality Control Board on City NPDES Activity City Council Minutes 2 May 7~ 1997 7) Award of contract for NT Fileserver to A&A Technolog~ in the amount of $9,366.87 -- Removed by Councilmember Shaw. JACOBS/WOLFE TO APPROVE CONSENT CALENDAR ITEMS 5B-1-4-6. PASS 5-0. 2) Finance Advisory Committee Minutes, 3/24. Councilmember Shaw referred to Item 9 of the minutes and recalled that a question had been raised about reducing the number of management layers at City Hall. He said the response which came back did not seem to address the question. He requested that this matter be addressed at the May 13 budget workshop to identify the levels of management before and after restructuring. In response to a question from Mayor Moran, Finance Director Fil responded that the question regarding whether or not management levels had been reduced was answered during the meeting. What was unclear to the Finance Committee were the levels of management throughout entire City government. Staff provided a summarized organization chart which included only management positions. The Committee asked to see an entire organizational chart with all positions. The information has been provided to the Committee since March 24, and the Committee was satisfied with the response. Interim City Manager Perlin conveyed that the issue could be discussed on May 13, and explained that some Committee members, when reviewing the chart, were looking at particular titles of non-management employees, and assuming that because of the position titles, they were management level employees. He said that the members felt that the number of management staff was being increased and the issue was discussed at great length and ultimately resolved. Responding to Mayor Moran's question, Mr. Fil stated that the Finance Committee minutes of March 24 had been reviewed and approved by the Finance Committee. Mr. Fil noted that the Finance Committee has had a meeting since the minutes of March 24, where staff presented a detailed organizational chart. He reported that the Committee Chair was at the Council's last budget meeting and addressed the issue. WOLFE/JACOBS TO APPROVE MINUTES. PASSED 5-0. 5) 'Approval of Check Register Councilmember Bogosian requested clarification of the $851.58 charge regarding the Eitzen Subdivision on Page 2 of the Check Register. City Attorney Riback responded that the cost was for extensive research conducted on a Negative Declaration after it was questioned by a citizen. The expenditure is a cost-recovery item to be charged to the applicant. BOGOSIAN/WOLFE TO APPROVE CHECK REGISTER. APPROVED 5-0. 7) Award of contract for NT Fileserver to A&A Technolog~ in. the amount of $9,366.S7 Councilmember Shaw said that before investing close to $10,000 on a Fileserver, he would suggest upgrading one of the new work stations with less expensive hardware. He asked whether the same function could be performed at a lower cost by using the new Pentium P.C. versus mid- level equipment. He also suggested involving an MIS technology support group of interested citizens for input. Councilmember Jacobs commented that at the time the Council approved the Technology Master Plan, it was agreed that a Fileserver should be acquired. Councilmember Bogosian recalled the discussion addressed the software aspect rather than the hardware. City Council Minutes 3 May 7, 1997 In response to Mayor Moran, Finance Director Fil reported that staff reached its recommendation through a series of actions, including an initial needs assessment of the current system which was embodied in the Technology Master Plan. He said that the results included replacing the Fileserver because the existing equipment has limited capacity to hold data and restricts working with the current software programs. Responding to Councilmember Shaw's suggestion regarding upgrading one of the PC workstations, Mr. Fil said that it might be possible but there would be no assurance that it would work. A lengthy discussion ensued and Mr. Fil responded to questions. Councilmember Jacobs suggested that staff get an opinion from the consultant who provided technical advice on the Technology Master Plan and report back to the Council at the next meeting. Mayor Moran stated that staff and two expert teams have determined a need for a Fileserver, that staff needs this equipment to perform its duties more efficiently now that the City's budget will be constrained, and that while saving $5,800 is desirable, a substitute Fileserver is unlikely to meet the need now and may bring reduced productivity and lost time for staff. Councilmember Bogosian stated he would not be in favor of the proposal, noting that it is Council's responsibility to address the issue of lowering costs as the City is in a tight budget situation. .WOLFE/JACOBS TO APPROVE RECOMMENDATION. PASSED 3-2 (BOGOSIAN, 8HAW OPPOSED.) C. CLAIMS AGAINST THE CITY - None. 6. PUBLIC HEARING8 - None. Mayor Moran moved the agenda back to Item 4. 4. A. Oral Communications (continued) end instructions to staff regarding actions on current oral c~mmunications - None. Mayor Moran moved the agenda to Item 7. 7. OLD BUSINESS - None. 8. NEW BUSINESS A. Non-Excluslve Agreement with Metricom, Inc. for Installation and Operation of Ricochet Wireless Communication System on City Property and within Public Rights-of-Way Interim City Manager Perlin presented the staff report and responded to Councilmembers' question, noting that Metricom is already located in Campbell, Cupertino, Los Gatos, Mountain View, and San Jose. Responding to questions from the Council, Mr. Christopher T. Sinclair, Metricom, Inc. representative, said that the number of radio devices would be between five to eight per square mile, noting that most of Saratoga's eight square miles are relatively flat with the exception of the foothills. The basic monthly subscription rate would be $29.95. WOLFE/JACOBS TO APPROVE AGREEMENT. PASSED 5-0. B. Agreements with Liebert, Cassidy and Frierson for Professional Services in connection with (1) City's Reorganization Plan and (2) Labor Negotiations City Attorney Riback reviewed the report noting that one agreement would be for professional services addressing the City's reorganization/restructure,including preparation of job classifications for new positions, existing positions and coordinating those positions~ and providing advice to the Council and City staff for implementing reorganization which could include downsizing. City Attorney Riback reported that the second agreement would be for City Council Minutes 4 May 7~ 1997 professional services related to negotiations with the City of Saratoga Employees Association whose Memorandum of Understanding expires June 30. Mr. Riback noted that the proposed agreements provide services on an hourly basis and 'each agreement is not to exceed $20,000 in fees. He said that the consultant has indicated that the subject services can be accomplished within the $20,000 limit~ however, if it appears the services might exceed the stated amount, the consultant would bring the issue to the CounCil for further discussion. BOGOSIAN/WOLFE TO APPROVE AGREEMENT FOR SERVICES REGARDING REORGANIZATION. PASSED 5-0. JACOBS/BOGOSIAN TO APPROVE AQREERENT FOR LABOR NEGOTIATIONS WITH EMPLOYEES ASSOCIATION. PASSED 5-0. C. Public 'meeting on levy of assessments for 1997-98 for Landscaping and Lighting Assessment District (LLA-1) Interim City Manager Perlin reviewed the staff report, noting that in compliance with Proposition 218, notices and ballots have been provided to property owners in affected zones. Mayor Moran stated that she had received calls from citizens wanting to know more about the change in assessment. She asked whether citizens had access to a breakdown of the 1996-97 assessment, to which Mr. Perlin responded that citizens could get the information from the City's Public Works Department by calling 868-1219. Councilmember Wolfe asked whether the figures included the costs of executing Proposition 218. Mr. Perlin responded in the affirmative, acknowledging that additional costs include engineering services, reproduction charges, and postage fees. Mayor Moran invited the public to address the issue. Mr. Sebastian "Russ" Tr~sso, 20298 Williamsburg Lane, expressed that the increases are excessive. He resides in Zone 2 and indicated that he calculated the increases as follows: 1997-98 is 45 percent; 86 percent for 1998-99, and five percent each year thereafter. Mr. Kenneth Wilton, 20405 Cox Avenue, spoke on behalf of the Fredericksburg Homeowners Association (Zone 2) and expressed support for the assessment. Mr. Perlin responded to Mr. Trusso's concern, conveying that these are preliminary figures and explained the process for projecting increases. He said that when the final assessments are brought back to the Council in June, the preliminary figures would probably be lower. Responding to a question from Councilmember Jacobs regarding anticipated expenditures in 1998-99, Mr. Perlin said that Proposition 218 requirements are cumbersome, creating more paperwork and unnecessary costs for the property owners in the zone. Staff has been contemplating what it could do to avoid having to repeatedly send out ballots every year if the increase would be only a few dollars. Mr. Riback noted that all of the procedures set forth in the Landscape and Lighting Assessment District Act relating to notice to property owners for a proposed increase will be accomplished, and all the rights to protest will still be there. In response to Councilmember Wolfe's question regarding the number of property owners who received ballots this year, Mr. Perlin responded that the total was approximately 1500 owners. Mr. Perlin stated that staff would not be making public a running tally of the votes until after the close of the Public Hearing on June 4, 1997. City Attorney Riback commented that the ballots are under the jurisdiction of the City Clerk and are being maintained at City Hall. City Council Minutes 5 May 7~ 1997 He said that Council will be asked on May 21 to consider adopting a set of procedural guidelines for the conduct of the protest public hearing on June 4. 9. ROUTINE MATTERS A. Approval of Minutes - 4/16; 4/22 Councilmember Shaw referred to paragraph 2 of item 3-k, and asked that the minutes be corrected to read: "Councilmember Shaw stated that the City has maintained SASCC assets in the past in aocordance with his reading of the 1987 a~reement." BY CONSENSUS, THE COUNCIL APPROVED THE MINUTES OF APRIL 16 AS WRITTEN AND MINUTES OF APRIL 22 AS AMENDED. 10. CITY COUNCIL ITEM A. Agenda items for adjourned regular meeting May 13 1) Joint Meeting with Youth CommissiOn - 5:30 p.m. 2) Budget Workshop - 7:00 p.m. a. Presentation on Proposed 1997-98 said 1998-99 Budgets b. councll Direction to Staff The Council noted the agenda items for the May 13 meeting. B. Saratoga Creek Water Quality Issues - Councilmember Shaw Councilmember Shaw referred to the documents in the agenda material regarding Dr. Rhea Williamson's report which noted high levels of fecal coliform in samples erroneously identified as taken from Saratoga Creek above Saratoga Springs, but were actually taken by Mr. DonWhetstone as samples from pollutant surface water and drain effluent collected at the County Landscape facility near Pierce Road. He said the error had been confirmed by City Attorney Riback's letter of March 25 and Dr. Williamson's letter of March 27, and that Dr. Williamson had indicated that the corrections had no impact on the conclusions of her study which appear to be contrary to concerned citizens. Councilmember Shaw stated it was his understanding that unacceptable high levels of fecal coliform are present in the creek, and questioned whether the Council should ask Dr. Williamson for an explanation of her conclusions as it appears the central part of her assertions were in error. Councilmember Bogosian stated that the City has spent $10,000 for the report and that this is an issue that every citizen in Saratoga should be concerned about. Mr. Don Whetstone presented an overview of the subject matter, referring to remarks made by Council members in previous Council meetings. Mr. Whetstone emphatically stated that his samples were not taken from storm water run-off, which is what Dr. Williamson's report was comparing them to. He said the levels are consistently high during warm weather, and noted he had checked the levels this afternoon. Mr. Whetstone reported that of 63 samples previously analyzed, all but four failed the Environmental Protection Agency standards. He conveyed that the element missing in this issue is a reason not to mention the facts and requested that the City examine the facts. Responding to Mayor Moran's question regarding the lawsuit mentioned earlier by Councilmember Wolfe, Mr. Riback said that the judgement is being appealed and the case is still ongoing. Mr. Jeffrey Schwartz distributed written materials, including a City Council Minutes 6 May 7, 1997 verbatim transcription of Dr. Williamson's presentation to the Council on February 5. He said that Dr. Williamson's oral presentation and her written report contained serious errors that did not give a true picture of the facts. He described the discrepancies in the report stating that a disservice was done to the community, and encouraged the Council to study the facts. Mr. Vic Monia conveyed that it is very important that even though a lawsuit regarding this issue is pending, the Council still has a responsibility to' protect its citizens and to spend taxpayers' money wisely. He asked the Council to evaluate whether or not it wants to accept Dr. Williamson's report. He suggested that if the report is not accepted that it be rejected on the grounds that it is inaccurate and the City should get its money back. A lengthy discussion ensued. Councilmember Shaw suggested that staff be directed to review Dr. Williamson's report versus Mr. Whetstone's letter and the allegations and assertions which have been made, and report back to the Council. Councilmember Bogosian requested a written report with staff's recommendations addressing the issues and that it be brought back to the Council. He assumed that the $10,000 consultant fee plus incidentals had already been paid Dr. Williamson, and asked whether the Council had procedurally accepted the report when Dr. Williamson made her presentation to the Council. It ~as unclear tostaff and Council whether any action had been taken at the time of Dr. Williamson's presentation to the Council, and Mr. Perlin indicated he would refer to the minutes for a response. Councilmember Wolfe asked the City Attorney what would be appropriate in view of the court proceedings that are still ongoing. Mr. Riback responded that it did not appear that the appeal would be affected. Mr. Riback asked for clarification as to what the Council felt staff could do in terms of analyzing the data provided by Mr. Whetstone. He pointed out to the Council the portion of Dr. Williamscn's letter in which she stated that the changes as stated in her letter have no impact on conclusions made in her report pertaining to coliformlevels. Councilmember Jacobs stated that the interpretation of the data would continue to be subject to differing opinions on both sides. He said this has been an issue for years and the City has continued to profess its innocence. After describing their involvement, he wondered why the Santa Clara Valley Water District and Caltrans have also not been asked to correct the problems. Councilmember Bogosian stated that he concurred with Mr. Monia's comments that the City ought to consider getting its money back, noting that Dr. Williamson's report is erroneous, and hire another expert Councilmember Jacobs commented that the degree of the alleged mistake in Dr. Williamson's report should be considered against the entire report. He said that the appropriate' person to advise the Council should be the City Attorney. Councilmember Shaw conveyed that allegations based supposedly on fact have been presented and that the City Attorney and staff should be able to develop a process by which those allegations can be examined and a determination made whether or not the report draws conclusions based on erroneous facts. Mr. Schwartz responded to Councilmember Jacobs' earlier comments, and said that when Dr. Williamson made her presentation to the Council, nobody on the other side came to the Council and responded. He said proactive efforts have been ongoing with a number of people to remedy the problem with the creek. He urged Council members to view the videotape of Dr. Williamson's presentation to the Council. Mayor Moran directed staff to provide a timeline and plan for a clean creek. city council Minutes 7 May 7, 1997 Mr. Perlin commented that he would need ample time to review the issues and come back with recommendations on how to proceed with the subject. Mayor Moran stated that due to budget preparation/deadlines, this item would be delayed in coming back to the Council until early-or mid- summer. Councilmember Bogosian requested that staff provide the Council with copies of routine correspondence to Dr. Williamson. He clarified that he was not asking for correspondence pertaining to this issue only, not the case overall. C. Grand Jur~ Information Mayor Moran announced that the recruitment for the 1997-98 Santa Clara County Grand Jury has been extended, and she has applications for interested persons. D. Other Mayor Moran clarified that when staff prepares a letter for or on behalf of an individual Councilmember, the assumption is that staff will route the letter to the entire Council. Mr. Perlin added that this will be staff's practice unless specifically requested not to do so by the individual Councilmember. 11. CLOSED SESSION Mayor Moran adjourned the meeting at 10:00 p.m. to a Closed session pursuant to Government Code Section 54956.9(a): CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of Case: Bloxham v. City of Saratoga 12. RECO~vZNE to open session to announce any actions taken The Mayor announced that no actions had been taken. 13. ADJOURNMENT The meeting was adjourned at 10:45 p.m. to the next meeting at 5:30 p.m. on Tuesday, May 13, at Adult Day Care Center, 19655 Allendale Avenue. Respectfully submitted, yn a amirez one Minutes Clerk