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HomeMy WebLinkAbout03-18-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 18, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting special Meeting in Administration Conference Room for Public safety commission Interviewsz Godlewski, 6=30 p.m. 7 Bailingall, 6240 p.m.; Tatter, 6z50 p.m.; Biester, 7=00 p.m.7 Hexamer, 7=10 p.m. 7=30 - Pledge of Allegiance - Led by Peggy Corr. 1. ROLL CALL Councilmembers Bogosian, Jacobs, Moran, Shaw and Mayor Wolfe were present. Staff members present were City Manager Perlin, City Attorney Riback, Community Development Manager Walgren, Public Services Assistant Reeve, and Deputy City Clerk Cory. 2. CEREMONIAL ITEMS Carolyn King, representing Friends of the Saratoga Libraries, introduced officers Peggy Corr, Mary Jeanne Fenn, Sally Towse, and Jim Givens. She then presented a proclamation to the City Council thanking them for their support for the Book-Go-Round. A. Proclamation honoring the Friends of the saratoga Libraries on their 15th Anniversar~ Mayor Wolfe presented the proclamation to Carolyn King. B. Proclamation commending Mary Jea-ne Fenn for her work with the Friends of the Saratoga Libraries Mayor Wolfe presented the proclamation to Mary jeanne Fenn. 3. REPORT OF CITY CLERK ON POSTING OF AGENUA PUrsuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 13. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Herb Radding, 14050 Chester Ave., stated that the storm drain system on Chester Avenue downstream from West Valley College was inadequate, causing flooding every year. Mr. Radding then asked about a letter he had asked to be sent to Dr. Colleen Wilcox of the school board. He was told that the letter had been sent. Mayor Wolfe noted that instructions to staff on oral communications are normally taken up after public hearings. Jeff Schwartz, San Marcos Drive, suggested that the Council consider the fairness of its oral communications process at the next self- evaluation. He stated that he had spoken about Measure G, and the developer and attorney who spoke on the other side were allowed more time than he to speak. He also stated that Mayor Wolfe had misquoted him and made derogatory comments about him and should apologize. He also stated that the City Attorney should not act as a foil for the Mayor. He further stated that Don Whetstone should be thanked, rather than attacked, for bringing up the issue of water quality in Saratoga Creek, prompting the Council's decision to install new signs. Vic Monia, 14665 Granite Way, asked about Baykeeper legal fees. He noted that there had been an appellate court decision on the lawsuit and urged the Council to settle the case rather than continue with litigation. City Council Minutes 2 ~h IS, 1998 Mayor Wolfe replied that the legal fees amounted to about $145,000. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS Gilljan Moran noted that a good letter had been received from the Youth Commission regarding the recently-enacted curfew ordinance; she urged the Council to keep the Commission apprised of their activities. 1) Letter from California Farmers Market Association concerning request for fee waiver for Temporary Use Permit (See Old Business, Item 7.A.2.) 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items Councilmember Shaw removed Item 10 from Consent Calendar B. BOGOSIAN/MORAN MOVED TO APPROVE CONSENT CALENDAR B WITH THE EXCEPTION OF ITEM 10. Passed 5-0. 1) Planning Commission Actions, 3/11 - Note and file. 2) Parks and Recreation Commission Minutes, 1/26 - Note and file. 3) Finance CommissiOn Minutes, 2/9 - Note and file. 4) Resolution 98-04 designating Applicantss Agent for Federal Disaster Assistance 5) Approval of Assignment, Assumption and Consent Agreement with West valley Solid waste Management Authority 6) Memo Authorizing Publicity for Upcoming Hearings - No hearings scheduled for April 1. 7) Approval of check Register 8) Resolution MV-230 prohibiting right turns on red light during commute hours from saratoga Avenue to State Route 85 9) Budget Calendar, FY 1998-99 and 1999-2000 10) Contract with OnLine Staffing for Temporary Computer Support Services Councilmember Shaw commented that he believed the contract with HTE included support services, so he saw no need for another contract. Councilmembers Moran and Bogosian shared his concerns. City Manager Perlin explained that the services provided by OnLine Staffing would not be what is provided by HTE. Regular, daily maintenance and network systems administration will be lacking when the Technology Coordinator goes on vacation. He noted that the current staff cannot do this yet but will be trained when enough qualified staff members are on board to do so. He also noted that the computer system cost less half than the oft-quoted figure of $700,000. Councilmember Moran asked that the Council be provided with the correct amount as a "tag" in the budget. City Manager Perlin stated that the City would experience significant troubles without the proposed service. In reply to Councilmember Bogosian, he stated that the Technology City Council Minutes 3 March aS, 1998 Coordinator will have input into the process of filling future staff vacancies. SHAW/JACOBS MOVED TO APPROVE ITEM 10. Passed 5-0. C. CLAIMS AGAINST THE CITY - None. 6. PUBLIC HEARINGS A. CDBG Allocations for 1998-99 City Manager Perlin introduced Paula Reeve, who reviewed the staff report. She noted that this year the process had been streamlined, and most projects had been turned over to the County for administration. Only projects sponsored by or within Saratoga have been recommended for funding. City Manager Perlin commented that if these funds are used to renovate the caretaker's house at Hakone Gardens, future tenants will need to meet low/moderate-income guidelines. The public hearing was opened at 8:40 p.m. Diane Marcus, 17593 Comanche Trail, Executive Director of Tri-Aegis, spoke in favor of their project. Bob Campbell, Director of Project Match, spoke in fav6r of their project. Olga MacFarlane, Executive Director of the Saratoga Area Senior Coordinating Council, spoke in favor of their project, listing several fundraising activities and other sources of funding that were being tapped. She stated that Saratoga residents appeared to be subsidizing Campbell residents using SASCC, so they were also seeking funding from the City of Campbell. The public hearing was closed at 8:50 p.m. MOrAN/SHAW MOVED TO APPROVE THE STAFF RECOMMENDATIONS FOR FUNDING. Passed 5-0. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Regarding Mr. Radding's concerns, City Manager Perlin reported that he was unaware of the drainage problem. There was consensus to direct staff to evaluate capacity problems and identify repair options. Staff was also directed to keep Mr. Radding informed of the drainage evaluation and provide him with a copy of the letter sent to the school board. Councilmember Moran expressed a wish to see the problem area and requested addresses. Concerning Mr. Schwartz's comments, Mayor Wolfe stated that the idea that he ever abridged people's free speech rights in any way was a misconception. Concerning Mr. Monia's comments, Mayor Wolfe stated that the $145,000 cost of the litigation indicates the magnitude of the problems brought by the litigants. The City did not file the lawsuit and did not cause the related legal fees. Re stated that the suit was filed by Mr. Monia et al. Councilmember Bogosian felt that citizens have a right to find out why the City is spending so much money. He asked for a clarification as to whether Mr. Monia was actually a party to the lawsuit. The City Attorney replied that he did not know. Councilmember Shaw stated that the Council should play fair to allocate time equally to avoid the perception of favoritism. He also stated that we should all try to put the lawsuit behind us and try to correct the problems with the creek. City Council Minutes 4 March 18, 1998 Mr. Monia stated that he was not a party to the lawsuit, and he requested an apology from the Mayor for saying that he was. 7. OLD BUSINESS A. Fee Waiver Requests l) Celtic Faire (continued from March 4) City Manager Perlin introduced Community Development Manager Walgren, who reviewed the staff report and answered Councilmembers' questions. Mayor Wolfe noted that non-profit groups benefit the City in many ways; they should not have to pay fees. Patricia Catlin, representing St. Andrews Church, requested a reduction of the temporary use permit fee from $500 to $350. She said the fee had been raised since her group first inquired about the permit. Councilmember Jacobs favored asking the Planning Commission, staff, and City Attorney to review the fee policy and consider amending it for non-profit organizations. Until the policy is amended, he favored applying the current policy. Councilmember Moran asked about the possibility of charging the fee that was in effect when an applicant first approached the City. Cit~ Manager Perlin advised against such a course, feeling it would be very difficult to administer such a policy. Susan Beckam, 2470 Battaglia Circle, San Jose, stated that the Celtic Faire was expected to bring in many people from out of town who would benefit Saratoga by spending money in Saratoga. There was consensus to proceed with the fee waiver study. Councilmember Jacobs pointed out that it would be necessaryto consider not only the type of organization involved, but the type of activity that may require a permit for legal or other reasons. No action was taken on the fee waiver request. 2) San Jose 8~mphony Showcase/California Farmers Market Association Bonnie Radding, 14050 Chester Avenue, representing the San Jose Symphony Auxiliary, stated that she had not been told that she had to pay a fee. She noted that the Showcase would bring customers to Saratoga restaurants because the Showcase did not have a lunch facility. In answer to Councilmember Jacobs, she stated that the San Jose Symphony Auxiliary and the Symphony itself are both non-profit. Mayor Wolfe said this might be a special case because the Showcase is not a burden on the City. Councilmembers Moran, Shaw and Jacobs felt that fees should be collected in order to cover costs until the fee policy is re-examined. Mr. Radding said that the Auxiliary had chosen the Saratoga site partly because it relied upon a letter from the City stating there would be no fees. There was consensus to continue the San Jose Symphony Showcase request to April 1 to determine what the City's letter actually stated. There was consensus to deny the California Farmers Market Association request and direct them to submit the applicable Temporary Use Permit fees. 8. NEW BUSINESS A.' Resolutions in connection with Reauthorization of Landscaping and Lighting District LLA-1 for FY 98-99 City Council Minutes 5 ~ch18,.1998 City Manager Perlin reviewed the staff report. 1) Resolution describing improvements and directing preparation of Engineer's Report BOGOSIAN/MORAN MOVE~ TO~ADOPT RESOLUTION 98-05. Passed 5-0. 2) Resolution appointing attorneys · MORAN/BOGOSIAN MOVED TO ADOPT RESOLUTION 98-05.1. 9. ROUTINE MATTERS A. Approval of Minutes - 3/4 JACOBS/SHAW MOVED TO APPROVE MINUTES AS SUBMITTED. Passed 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for adjourned regular meeting March 24 - Joint Meeting with Parks and Recreation Commission and Hakone Foundation -City Manager Evaluation There was consensus to add Park Development Fund Update, playfields, high school request for pool funds, and coverage for Bakone Foundation meetings to the agenda. B. Other Councilmember Bogosian stated that he .would like to have a joint meeting with the Library Commission before April 23 in order to discuss Internet issues and use of existing library facilities. Councilmember Bogosian brought up a letter from Michael Berman, Saratoga Employees Association representative. City Manager Perlin stated that he would answer the letter; some questions in it may be moot after his upcoming meeting with the SEA Board. Councilmember Shaw brought up the possibility of having a Town Ball meeting on May 2 as tentatively scheduled. He suggested discussing leaf blowers at the meeting. Mayor Wolfe suggested inviting representatives of leafblower manufacturers to the meeting. Councilmember Moran suggested that the meeting take place from 10:00 a.m. to 12:00 noon, with a definite ending time. / City Manager Perlin stated that the budget could also be discussed at the meeting. Mayor Wolfe commented that it was unfortunate that a heated discussion had taken place earlier on the Baykeepers lawsuit. He stated that he accepted Mr. Monia's position that he is not a member of the group that brought the lawsuit against the City, nor a member of that organization, but Mr. Monia is clearly their spokesman, as was demonstrated this evening and previously. He hoped the courts would clear up the issue as soon as possible. 11. ClTY MANAGER'S REPORT Good Government Group: have written their appreciation of placing the City Manager's Report on the agenda. Meeting: upcoming meeting with Assemblyman Jim Cunneen on Friday, March 20. City Manager Evaluation: scheduled for March 24; Perlin suggested that he prepare a self-evaluation on which the Council could base its own evaluation. Cit~ Council Xinutes 6 Yazch18# 1998 Nextel Communications: will conduct a test of cellular antennas at Congress Springs Park tomorrow. Lighting in the Civic Theater: had meeting with a lighting engineer. He hopes to test some changes which will make the lighting less annoying. The complete renewal of the theater lighting should be completed in December. Cablecasting in the Adult Care Center: had meeting to finalize camera locations; TCI will do wiring. Cal-ID meeting: attended valuable and interesting meeting on behalf of County City Managers Association. Recruitments: proceeding according to schedule. Prides Crossing traffic calming proposals: have been distributed to the Council. There was consensus to direct the City Manager to set up a committee to screen the proposals, with Councilmember Shaw as the Council representative. Judi Sweet: notes summarizing retreat will be sent to Perlin on Friday. 12. 31XTOURNNENT The meeting was adjourned at 10:20 p.m. to the next meeting at 8:00 a.m. on Friday, March 20, to meet with Assemblyman Cunneen in the Administration Conference Room, 13777 Fruitvale Avenue. (Clerk's note: Later changed to 7:30 a.m.) Respectfully submitted, G~Co~~ ~ Deputy City Clerk