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HomeMy WebLinkAbout12-02-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, December 2, 1998 - 6:00 p.m. PLACE: Adult Care Center, 19655 Allendale Avenue TYPE: Regular Meeting Special Meeting for the purpose of a Closed Session - 6:00 in Administration Conference Room, 13777 Fruitvale Avenue Pursuant to Government Code Section 54956.9: Conference with Legal Counsel - Existing Litigation Name of Case: San Francisco Baykeepers et al. vs. State Water Resources Control Bd., City of Saratoga et al. Pursuant to Government Code Section 54956.9c: Conference with Legal Counsel - Possible initiation of litigation in one case Mayor's Report on Closed Session - Mayor Shaw reported that no actions were taken by the CounCil in closed session. Pledge of Allegiance - Led by Mr. Vic Monia. 1. ROLL CALL The meeting was called to order at 7:35 p.m. Council members present were: Baker, Bogosian, Mehaffey, Streit, and Mayor Shaw. 2. CEREMONIAL ITEMS A. Introduction of New Employees City Manager Larry Perlin introduced two new employees - Ms. Joan Smith and Ms. Paevi Milanen. B. Proclamation for Sheriff Giilingham on his Retirement Mayor Shaw read the City's Proclamation commending Sheriff Gillingham for over 30 years of service. Sheriff Gillingham was not present at the meeting. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Perlin reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 25. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS i. Mr. Steve Messer, 14896 Morden Drive, Los Gatos, urged the Cotmcil to support the playing fields at ' Marshall Lane School as the West Valley is in severe need of recreational facilities for children. He said that the activities at the proposed fields would be set away from the neighborhood, and the age range of children using the fields would be between 7 and 9 years of age. He had been told that preliminary meetings regarding the fields have been held at Marshall Lane School and the surrounding neighbors spoke in opposition and expressed concerns about the inflow and outflow of traffic. ii. Ms. Jill Hunter, 20606 Lomita Avenue, Saratoga, encouraged the new Council to exercise political leadership in preserving Saratoga history. She referred to Saratoga School's designation as a historical building and ten Eucalyptus trees located behind the school which have been there since 35 years before the school was built. She asked the Council to preserve the histoiy evident in Saratoga and in the historic building and trees. She distributed a Saratoga Star article from 1922 regarding historical preservation to Council members. iii. Mr. Francis Dickerson, 155 Old Adobe Road, Los Gatos, noted he is a volunteer coach with the Quito Little League composed of players from Saratoga, Los Gatos, and adjacent San Jose communities. The league has 285 players of which approximately 150 players would be using the proposed Marshall Lane fields. He asked the Council to look at the whole of the community, consider that the children are City Council Minutes 2 December 2, 1998 currently using fields with gopher holes which could be hazardous, and approve the proposed use. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items - None B. New Items 1) Planning Commission Actions, 11/24 - Note and file. 2) Memo Authorizing Publicity for Upcoming Hearings - No new hearing scheduled for December 16. 3) City Financial Reports - June a) Treasurer's Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. 4) Quarterly Quarry Creek Trust Report 5) Approval of Check Register 6) Resolution 98-38 Appointing Corporate Small Claims Representatives 7) Award of Construction Contract to Automatic Door Systems, Inc. in the amount of $12,140 for Replacement of Doors at Community Center Councilmember Bogosian removed Item 5-B-7 fi'om the Consent Calendar. BOGOSIAN/MEHAFFEY MOVED TO APPROVE ITEMS 5-B-1 THROUGH 5-B-6. PASSED 5-0. Referring to Item 5-B-7, 'Councilmember Bogosian asked whether the funds were to upgrade the City's buildings in compliance with the American Disabilities Act. Mr. Perlin responded that the upgrade would make the building more compliant, and the funds would remove non-compliant doors. Responding to a question from Councilmember Bogosian, Mr. Perlin said that the funds for the improvement were from the Community Development Block Grant Program Following discussion, BOGOSIAN/BAKER MOVED TO APPROVE ITEM 5-B-7. PASSED 5-0. C. CLAIMS AGAINST THE CITY - None. Mayor Shaw moved the agenda to Item 4A. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Mayor Shaw expressed appreciation foi the comments made earlier regarding the Marshall Lane School fields and other schools that have been previously mentioned. However, he stated that the process was far from complete and further hearings would be held, giving others an opportunity to address the Council. In response to a question from Councilmember Bogosian about the trees at Saratoga Elementary School, Mr. Perlin indicated he would be setting a meeting this week for a tour of the school with the Superintendent of the school district. City Council Minutes 3 December 2, 1998 6. PUBLIC HEARINGS - 8:00 p.m. A. Resolution ordering Abatement in connection with Hazardous Vegetation Management Program Mr. Perlin presented the details of the staff report, noting this was a fire prevention measure administered by the County Fire Marshall and explained the weed abatement process. Mr. James Toth, representing the County Fire Marshall's Hazardous Vegetation Abatement Program, addressed the Council and responded to questions from Council members. Mr. Perlin commented that the properties listed in the staff report included properties in both the Saratoga Fire District and County Fire District, and both fire districts have an inspection program where they go out and do a visible survey of properties, noting those which are potentially hazardous. Mr. Toth added that the list was also developed from complaints generated within the community. Councilmember Streit noted that many of the streets have multiple properties and asked whether they were common area maintenance or common area grounds. Mr. Toth replied that some properties were common areas, and it was legally necessary to send letters to each property owner of a common area. Councilmember Baker asked whether an additional fee would be charged to the property owner if the owner chose to have the weeds abated by the Fire Marshall's contractor. Mr. Perlin responded that the County charges a nominal administrative fee. Mr. Toth clarified that every person gets a notice with a price list for various types of work that may be performed. Councilmember Baker expressed that from the extensive list it appeared that many property owners wanted to abrogate their responsibility back to government to take care of their problems. He said it may be cheaper for the property owners to have government bring in the contractor to abate than the propeny~ owners taking care of their own responsibility, and this was of concern to him. Mr. Perlin noted that, based on experience from previous years, when the list is reviewed for properties which have actually been abated, the list dwindles to half a page of properties which have not actually complied with the request. Mr. Toth noted that usually the County has to abate only 10-15 percent of properties on the list. BOGOSIANfMEHAFFEY MOVED TO OPEN THE PUBLIC HEARING AT 8:08 P.M. PASSED 5-0. Ms. K~sten Hensman, 12970 Pierce Road, Saratoga, addressed the Council, noting she and her partner own a 3/4-acre property which has over 45 fruit trees. They grow a significant amount of fruits, berries, and vegetables organically and have a number of surface drip irrigation lines on the property. She requested that her property be removed from the list and also asked for written communication from the Hazardous Vegetation inspectors at the Fire Marshall's office. Ms. Hensman explained that when she received the letter declaring that the property was a potential fire hazard, she set out to determine what the problem was, how to solve it, and remove the property from the list. She contacted the Fire Marshall's Office and many of her questions were answered; however, she requested that an inspector meet with her for further discussion so that she would know what constitutes a problem and was told that with over 4,000 properties within the County involved in the program, no resources were available to meet with her. She described her concerns associated with the process and indicated that the only notice that the property owner receives is the initial notice. Ms. Hensman requested that if her property must remain in the program that the Council require that the inspector provide her with a written notice before authorizing a work order on her property and specifically cite what items fail the fire safety standard and give her 14 days to do the work. Mr. Toth stated he had a lengthy discussion with Ms. Hensman this aRemoon where he reviewed what needed to be done and thought he had answered all her questions. Responding to a question from Councilmember Bogosian, Mr. Toth said that the inspectors are trained to identify different plant species, and the contractor is also educated in that area. City Council Minutes 4 December 2, 1998 In response to questions from Councilmember Mehaffey, Mr. Toth stated that properties get placed on the list through inspections or a complaint from a neighbor, and are based on the type and size of plants. Mr. Toth noted that due to lack of resources it would not be possible to notice a property owner when the contractor would be out to do the work. Councilmember~Mehaffey expressed concern that it appears the chemical spraying may be done whether or not it would be in order. Mr. Toth stated that property owners get a return reply form, and they have an option of either telling the County they are going to maintain their parcel or that they want the County to do the work. Responding to a question from Councilmember Baker, Mr. Toth said that 90 percent of property owners comply 0n the initial notice. BOGOSIAN/STREIT MOVED TO CLOSE THE PUBLIC HEARING AT 8:25 P.M. PASSED 5-0. Councilmember Baker stated that it appeared that a gray zone existed where a small percentage of parcel owners could not come to consensus or understanding with the Fire Marshall in identifying problems. He suggested that although inspectors could not meet with all 4,000 parcel owners, perhaps a rule of exception could be made for those few parcels where there is division between the property owner and the inspector and try to resolve those issues before they become citywide issues. He requested that the Fire Chief let the Council know if the few incidents could be handled as suggested. However, Councilmember Baker also expressed concern with the number of property owners who do not abate weed and fire hazards on their properties and leave it to the City or County to do the work for them. Mr. Toth said he would take the information back to the Fire Chief for discussion. BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION 98-39. PASSED 5-0. 7. OLD BUSINESS - None. 8. NEW BUSINESS - None. 9. ROUTINE MATTERS - None. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting Joint Meeting with Saratoga Area Senior Coordinating Council Master Meetings Calendar for 1999 Committee Assignments for Councilmembers ' Mr. Pe~in briefly discussed the joint meeting with the SASCC Board, and indicated he would provide a draf~ master meeting calendar for 1999 and committee assignments for Council members. Councilmember Bogosian requested that committee assignments indicate stipend amotmts where applicable. Councilmember Baker asked whether the City Code provided a resolution or ordinance for a Council member to place an item on the agenda. Mr. Perlin responded by explaining the Council's current practice. Councilmember Bogosian requested that the issue of forrealizing a written policy for placing items on the Council agenda be considered at the next Council meeting. (Councilmember Baker revisited this item later in the meeting.) B. Request by Councilmember Bogosian to agendize discussion and possible action relating to City Attorney Services Councilmember Bogosian requested input from Council members regarding soliciting invitations from law firms for City Attorney contract services. He said it would be to the City's benefit to test the market City Council Minutes 5 December 2, 1998 as to what might be available. He reported he had reviewed the current City Attomey contract for costs. New Councilmembers Baker, Mehaffey, and Streit indicated they had not received the same information as Councilmember Bogosian. Councilmember Bogosian noted he had specifically requested that the same information be sent to all Council members for tonight's discussion. Responding to a question from Councilmember Mehaffey, Mr. Perlin said that the current law firm has been on contract since 1991. Councilmember Streit requested an executive summary of all cases handled by the current law firm and stated that the Council would like to review the City Attomey's performance evaluations. Mr. Perlin stated he would get the information to the entire Council by Friday, December 4, and, noting he was uncertain that the City Attomey's performance evaluations were readily available, he would make every effort to provide the Council with the requested information as soon as possible. Councilmember Bogosian proposed that the City Manager prepare a Request for Proposal (RFP) and bring forth the protocol for soliciting City Attomey services. Former Council member Vic Monia addressed the Council and suggested that it might be helpful to look back at the procedures utilized when the current City Attorney was chosen. Mr. Pe~in suggested asking for a Request for Qualifications (RFQ), instead of an RFP, for individuals who might be interested in providing this type of service. BOGOSIAN/BAKER MOVED TO DIRECT THE CITY MANAGER TO PREPARE A REQUEST FOR QUALIFICATIONS FOR CITY ATTORNEY SERVICES AND PROCESS FOR SOLICITING SUCH SERVICES. PASSED 5-0. Mr. Perlin indicated he would have the RFQ and procedure available to the Council by December 16. C. Other i. Councilmember Baker directed the City Manager to bring to the Council a formal policy which provides that any member of the City Council can place an item on the agenda, that it require only a single member of the City Council to place an item on the agenda, and that the policy be evaluated after one year. ii. Councilmember Bogosian noted a letter he received from the U.S. Census Oversight Committee and asked whether a staff person should be involved in the process. Mr. Perlin responded that he had not seen the letter, and Councilmember Bogosian said he would pass the letter to him. iii. Councilmember Bogosian conveyed that he received a letter from Todd Walsh regarding a traffic light between Blauer and the end of Argonaut Shopping Center, and asked whether the City had proposed the additional light. Mr. Pe~in responded that there was no intention on the part of the shopping center owner, the City, nor Calltans to put in additional stop lights. 11. CITY MANAGER'S REPORT - None. 12. ADJOURNMENT The meeting was adjourned at 8:55 p.m. to the next meeting at 7:00 p.m. on Tuesday, December 8, at Adult Care Center, 19655 Allendale Avenue, Saratoga. Respectfully submitted, Lynda Ramirez Jones ~ Minutes Clerk