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HomeMy WebLinkAbout12-16-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TiME: Wednesday, December 16, 1998 - 6:00 p.m. PLACE: Closed Session, Administration Conference Room, 13777 Fruitvale Avenue Regular Meeting, Adult Care Center, 19655 Allendale Avenue TYPE: Regular Meeting Closed Session - Conference with Legal Counsel pursuant to Government Code 54956.9 - Existing Litigation Name of Case: San Francisco Baykeepers et al. vs. Saratoga Regular Meeting Mayor's Report on Closed Session - Mayor Shaw reported that no actions were taken by the Council in closed session. 7:30 - Pledge of Allegiance - Led by Mr. Steve Ktirasch. 1. ROLL CALL The meeting was called to order at 7:32 p.m. Councilmembers Present: Baker, Bogosian, Streit, and Mayor Shaw. Councilmember Mehaffey was absent. Staff present: City Manager Larry Perlin, City Attorney Michael Riback, Community Development Director James Walgren, Administrative Analyst Irene Jacobs, and Administrative Analyst Peter Gonda, Susan A. Ramos, City Clerk. 2. CEREMONIAL ITEMS A. Resolution appointing Judy Alberts to Parks and Recreation Commission BOGOSIAN/STREIT MOVED THAT RESOLUTION NO. 98-40 BE ADOPTED. PASSED 4-0 (MEHAFFEY ABSENT.) B. Administration of Oath of Office to Ms. Alberts Mayor Shaw administered the oath of office to Ms. Alberts. B i. City Manager Larry Perfin introduced Ms. Susan Ramos, the City's new City Clerk. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA Mr. Perlin reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on December 11. He also reported that the notice of adjournment for the adjourned portion of the agenda was posted on December 9; however, he announced that the adjourned portion of that agenda was canoeled and rescheduled for January 6, 1999. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS i. Ms. Ellen Barrett, 14050 Marilyn Lane, spoke in opp.?sition of sports fields at Marshall Lane School. ii. Mr. Brent Barrett, a resident of Reno, Nevada, spoke on behalf of his parents, residents of 14050 Marilyn Lane, and voiced objection to playing fields at Marshall Lane School. He said the residents had already gone through this issue when the Campbell School District tried to get fields in the school last year. He noted that the small residential streets were already impacted with traffic and playing fields would exacerbate safety problems. iii. Ms. Lisa Kurasch, 18665 Ravenwood Drive, distributed written correspondence to the Council and protested the proposal to extend the use of Marshall Lane School fields. City Council Minutes 2 of 6 December 16, 1998 iv. Mr. Darwin Barrett, 14050 Marilyn Lane, voiced that the neighbors were not against playfields, Little League, or other playing sports; however, their concem is noise, pollution, and safety. On behalf of his neighbors, he requested that any further plans, studies, surveys, etc. for playfields at Marshall Lane School be canceled immediately. v. Ms. Jocelyn Kahn, 18471 'Ravenwood Drive. expressed disapproval of Marshall Lane School fields being used beyond school hours. She said the neighborhood is only two and a half streets which are tiny, without sidewalks, and there is no room for more traffic. vi. Ms. Geraldine Barrett, 14050 Marilyn Lane, noting that a petition had been submitted to the former Council, asked the Council to immediately cease any further plan regarding playfields at Marshall Lane School. vii. Mr. Jim Det~ck, 18558 Ravenwood Drive, voiced opposition to sports fields at Marshall Lane School. viii. Mr. Blair Conrad, 185570 Ravenwood Drive, conveyed that it is unacceptable to put fields in the area as it would be a safety hazard, and asked the Council to stop the proposal now. ix. Ms. Eunice Peterson, 18561 Marshall Lane, voiced her opinion and that of her two elderly neighbors protesting expanding Marshall Lane School fields. B. COMMUNICATIONS FROM COMMISSIONS None. C. WRITTEN COMMUNICATIONS 1) Letter from Rebecca Q. Morgan, President and CEO of JOint Venture Silicon Valley, requesting adoption of Resolution of Commitment to "Silicon Valley 2010: A Regional Framework for Growing Together" Ms. Rise Pichon, Santa Clara County Superior Court Judge and a member of the Vision Leadership Team, addressed the Council, explaining that the broad vision for Silicon Valley 2010 is a framework for growing together and is defined through 17 goals and 51 progress measures for Silicon Valley's economy, environment, society and regional stewardship. Due to a time certain item at 8 p.m., Mayor Shaw noted that Item 4C would be addressed by the Council later in the meeting, and moved the agenda to Item 6. 6. PUBLIC HEARINGS - 8:00 p.m. A. Use of Citizens Options for Public Safety (COPS) Funds City Manager Perlin reported that the COPS Program is authorized by the State Legislature which provides $100 million in the State budget to supplement local law enforcement efforts. The funding is distributed to local jurisdictions throughout the state by a formula basis. The City receives approximately $71,000 annually and is required to hold an annual public hearing to consider use of funds. He said a recommendation must be submitted and considered by the City's Chief of Police which, in the City's case, is the Santa Clara County Sheriff. Additionally, a recommendation for the use of the money was submitted by the City's Public Safety Commission. Mr. Peter Gonda, City Manager's staff person assigned to the City's Public Safety Commission, presented a report on th¢ allocation of funds and responded to Council members' questions. Responding to a question from Councilmember Streit, Mr. Gonda explained the funding cycle, noting that the funds are for Fiscal Year (FY) 1998/99 and are received midway through the year of the funded City Council Minutes 3 of 6 December 16, 1998 period. Mayor Shaw opened the Public Heating at 8:17 p.m. There was no one present who wished to speak, and the Public Hearing was closed at 8:17 p.m. BOGOSIAN/BAKER MOVED TO APPROVE USE OF FY 98/99 COPS ALLOCATION AS RECOMMENDED BY STAFF. PASSED 4-0 (MEHAFFEY ABSENT.) 5. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 12/9 - Noted and filed. 2) Memo Authorizing Publicity for Upcoming Hearings - No hearings scheduled for January 6. 3) Resolution approving Multi-way Intersection at 4th Street and Springer Avenue. 4) Approval of Check Register BOGOSIAN/STREIT MOVED TO APPROVE CONSENT CALENDAR ITEMS 5-B-1 THROUGH 5- B-4. PASSED 4-0 (MEHAFFEY ABSENT.) C. CLAIMS AGAINST THE CITY - None. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications None. 7. OLD BUSINESS A. Resolution appointing Representatives and Alternates to Agencies Mayor Shaw reported that he had received input from each Council member and announced the following assignments: Agency Representative Alternate Association of Bay Area Governments Mehaffey Chamber of Commerce Board Shaw County Cities Association LegislatiVe Task Force Bogosian Baker County HCD Policy Committee Mehaffey Emergency Planning Council Baker Mehaffey Hakone Foundation Liaison ~: Shaw KSAR Community Access TV Board Mehaffey Baker ,- Library Joint Powers Agency Bogosian Streit North Central Flood Control Zone Advisory Committee Bogosian Mehaffey Peninsula Division League of California Cities Bogosian Shaw Santa Clara Valley Water Commission Baker Bogosian Santa Clara CO Cities Association/City Selection Committee Baker ~. SASCC Liaison Streit Mehaffey Saratoga Business Development Council Mehaffey Streit Sister City Liaison Shaw City Council Minutes 4 of 6 December 16, 1998 West Valley Solid Waste JPA Streit Bogosian Valley Transportation Authority Policy Advisory Committee Streit West Valley Sanitation District Baker Streit BAKER/STREIT MOVED THAT RESOLUTION NO. 98-42 BE ADOPTED. PASSED 4-0 (MEHAFFEY ABSENT.) B. Ordinance on Sleeping in Vehicles (first reading and introduction) Community Development Director Walgren introduced the proposed ordinance (Saratoga Ordinance 9-15.065) and presented details of the staff report. Councilmember Bogosian expressed concem with a City resident having a house guest who would exceed a 72-hour limited use of a privately owned vehicle such as a motor home or trailer. He would want sufficient flexibility for a person to have a house guest and be able to use recreational vehicles without being unduly restricted on their rights to use their private property. City Attomey Riback stated that the ordinance could be modified to provide that the City Manager may, upon request, provide additional time beyond the 72 hours. In response to a question from Councilmember Bogosian regarding whether a survey had been done with other adjacent jurisdictions concerning a similar ordinance, Mr. Walgren said that a majority of other jurisdictions throughout Califomia had similar ordinances. BAKER/BOGOSIAN MOVED TO DIRECT THE CITY ATTORNEY TO REDRAFT THE PROPOSAL TO INCLUDE CHANGES WHICH PROVIDE FOR EXCEPTIONS TO THE 72-HOUR RULE. PASSED 4-0 (MEHAFFEY ABSENT.) Mr. Perlin noted this item would be brought back to the Council on January 6, 1999. C. Review of Draft Solicitation of Interest for Contract City Attorney Services Mr. Perlin distributed a draft of the Request for Qualifications (RFQ). He reported that he was unable to locate a copy of the RFQ previously used by the City and he was unable to obtain a copy of a similar document fi:om any other city. Councilmember Streit asked whether bringing an attomey in-house had been considered. Mr. Perlin responded that a law firm composed of attorneys with a variety of expertise would be lost and office support service would be required, thereby increasing costs. Councilmember Baker noted that Councilmember Mehaffey was absent and proposed continuing this item to January 6, 1999'. COUNCIL CONSENSUS WAS TO CONTINUE THIS ITEM TO JANUARY 6, 1999. D. Consideration of Proposed Policy for Placement of Items on City Council Agendas City Manager Perlin presented the ~taff report. A discussion ensued and Councilmember Baker proposed that the deadline for placing items for discussion only be changed ~'om 12 noon on Wednesday to 5 p.m. on Thursday of the week preceding the meeting. Councilmember Bogosian clarified that items for taking action be amended from 12 noon on Wednesday to 12 noon on Thursday of the week preceding the meeting. BAKER/PC}GOSIAN MOVED THAT THE POLICY BE APPROVED AS AMENDED: FIRST PARAGRAPH, CHANGE "...12 NOON ON WEDNESDAY..." TO READ, "5 P.M. ON THURSDAY," AND IN THE SECOND PARAGRAPH, CHANGE ".......NO LATER THAN i2:00 NOON ON WEDNESDAY..." 'TO "...NO LATER THAN 12 NOON ON THURSDAY...." PASSED 4-0 City Council Minutes 5 of 6 December 16, 1998 (MEHAFFEY ABSENT.) 8. NEW BUSINESS A. Appeal by Mr. Kiehl concerning Crosswalk City Manager Perlin presented the staff report, noting this was an appeal of a decision made by the Public Safety Commission. Mr. Hugh Hexamer, Public Safety Commission Chair, addressed the Council, noting that the installation of a crosswalk would normally not go before the Commission and would be processed through the Public Works Departn~ent. However, because a property owner close to the site objected to the crosswalk, the issue was addressed by the Commission. Noting that the Commission considered the matter on two separate occasions, he said the Commission received support for the crosswalk from the school principal, Sheriff, and a significant number of residents. Additionally, the Commissioners visited the site. In response to a question from Councilmember Bogosian, Mr. Riback stated that property owners had no vested right to a parking space in front of their property. Mr. Robert Kiehl, 12168 Kirkwood, distributed information to the Council., explained his opposition to the crosswalk, and responded to Council members' questions. BAKER/BOGOSIAN MOVED TO DENY THE APPEAL. PASSED 4-0 (MEHAFFEY ABSENT.) 9. ROUTINE MATTERS A. Approval of Minutes - 12/1; 12/2 BAKER/SHAW MOVED TO APPROVE MINUTES OF 12/1. PASSED 4-0 (MEHAFFEY ABSENT.) BAKER/SHAW MOVED TO APPROVE MINUTES OF 12/2. PASSED 4-0 (MEHAFFEY ABSENT.) 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting - No meeting December 22. B. Councilmember Streit: 1) Request to reconsider March 13, 1999, date for Council retreat Councilmember Streit indicated that due to job demands, he would be unable to attend a March 13, 1999 Council retreat and requested mscheduling after April 15, 1999. COUNCIL CONSENSUS WAS TO RESCHEDULE THE COUNCIL RETREAT TO APRIL 24, 1999. 2) Request to reconsider starting time of regular Council Meetings; 7:00 p.m. vs. 7:30 p.m. Following discussion, COUNCIL CONSENSUS WAS TO BEGIN REGULAR COUNCIL MEETINGS AT 7 P.M. Staff to draft an ordinance changing start time and ager~tize it for January 6, 1999. Mayor Shaw moved the agenda back to Item 4C. 4. C. WRITTEN COMMUNICATIONS 1) Letter, from Rebecca Q. Morgan, President and CEO of Joint VentUre Silicon Valley, requesting adoption of Resolution of Commitment to "Silicon Valley 2010: A Regional Framework for Growing Together" City Council Minutes 6 of 6 December 16, 1998 This item was considered earlier in the meeting, and no decision was made. BAKER/BOGOSIAN MOVED TO ADOPT A RESOLUTION 98-41, A RESOLUTION OF COMMITMENT SUPPORTiNG SILICON VALLEY 2010: A REGIONAL FRAMEWORK FOR GROWING TOGETHER. PASSED 4-0 (MEHAFFEY ABSENT.) ' (Earlier in the meeting, Mayor Shaw commented that the City Council receives a vast amount of - correspondence daily and lots of juggling goes on in the distribution of each piece of correspondence that is received. He asked anyone wanting to get a letter to the Council address such a letter to the Council and staff would assure that each Council member gets a copy of it.) 11. CITY MANAGER' S REPORT i..Mr. Perlin reported that he and Mrs. Perlin welcomed a baby girl on Friday, December 11, 1998. ii. Mr. Perlin reminded the Council that the Council orientation session with staff scheduled for earlier this evening was postponed to January 6, 1999. iii. Mr. Pe~in announced that City Hall would operate with a limited staff during the holiday season and that he would also be taking time off, although he would be available to the Council. 12. ADJOURNMENT The meeting was adjourned at 9:45 p.m. to the next meeting on January 6, 1999. Respectfully submitted, Minutes Clerk