HomeMy WebLinkAbout03-17-1999 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, March 17, 1999 - 5:30 p.m.
PLACE: Closed Session - Administration Conference Room, 13777 Fruitvale Avenue;
Regular Meeting - Council Chambers/Civic Theatre, 13777 Fruitvale Avenue
TYPE: Regular Meeting
OPEN SESSION - 5:30 p.m. in the Administration Conference Room, 13777 Fruitvale Avenue
1. INTERVIEW FOR FINANCE COMMISSION - Michael Gordon; Sam Ochi
Both applicants were interviewed by the City Council. Another applicant will be scheduled for
interview on April 7, 1999. A selection will be made after all applicants have been interviewed.
ADJOURN TO CLOSED SESSION
2. CLOSED SESSION
A. Conference with Legal Counsel pursuant to Government Code Section 54956.9
Existing Litigation; Name of Cases: San Francisco Baykeepers et al vs.
Saratoga; City of Saratoga vs. West Valley-Mission Community College
District
B. Conference with Labor Negotiator pursuant to Government Code Section
54957.6 - Agency negotiator: Larry I. Perlin; Employee organization:
Saratoga Employees Association (S.E.A.) and Saratoga Management
Organization (S.M.O.)
C. Public Employee Performance Evaluation pursuant to Government Code
Section 54957 - Title: City Manager
MAYOR'S REPORT ON CLOSED SESSION - Mayor Shaw declared there were no reportable
actions at this time.
REGULAR MEETING - 7:00 p.m. in the Council Chambers, 13777 Fruitvale Avenue
PLEDGE OF ALLEGIANCE - Led by Councilmember Bogosian
ROLL CALL - All Councilmembers were present.
Staff present: City Manager Perlin, City Attorney Palback, City Clerk Ramos, Director of
Administrative Services Walker, Director of Community Development Walgren.
With the Mayor's permission, City Manager Perlin announced that agenda items 3B, 4A1 and 5C1
will be removed fi'om the agenda due to requests and new information received by the City on these
matters.
3. CEREMONIAL ITEMS
A. Proclamation - Susan Fuller~ Librarian of the Year 1998
Mayor Shaw read and presented the proclamation to Ms. Fuller, who expressed her thanks to the
City and the community for their support and their positive and receptive response to their
programs and activities.
B. Proclamation - Designating March 28 to April 3, 1999 as "Science Fair Week".
The Engineering and Science Fair Association representative was not able to attend the meeting to
receive the proclamation, however they have requested that it be mailed to their office.
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Minutes for City Council Regular Meeting M~rch 17~ 1999
REPORT OF CITY CLERK ON POSTING OF AGENDA
Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March
12, 1999 - reported by City Clerk Ramos.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. Oral Communications on Non-Agendized Items
1. Presentation by West Valley College on upcoming 35m Anniversary festivities.
The representative fi~om the West Valley College District was not able to attend the meeting due to
illness. However, literature and fiyers about the upcoming event were provided to the City for
distribution to the Council.
Mayor Shaw recognized the following persons who .spoke:
Cindy Ruby, 14205 Squirrel Hollow Lane, thanked Vice Mayor Bogosian and Councilmember
Mehaffey for attending the school meeting regarding the renovation project. She also expressed
appreciation to Mr. Walgren for his time and assistance in attempting to resolve the issues of
concern regarding this project. She stated the school is planning to hold additional meetings with
the City's traffic engineer and arborist.
Bert Martel, 14420 Fruitvale Avenue, expressed concern over the recently adopted sewage disposal
ordinance requiring property owners with regularly maintained working septic sytsems to connect
to public sewer system. He requested a letter from the City requesting him to abandon his septic
system.
B. Communications from Boards and Commissions
1. Nomination ofCharles Thompson to the Hakone Foundation Board.
Recommendation: Approve appointment of nominee to the Board.
BOGOSIAN/BAKER MOVED TO APPOINT MR. THOMPSON TO THE HAKONE
FOUNDATION BOARD. MOTION PASSED 5-0.
C. Written Communications
1. Letter from Greenbelt Alliance requesting City support for the Bear Creek
Redwoods Regional Preserve.
Recommendation: Consider adoption ofResolution of Support.
Kaitilin Gaffiaey, South Bay Field Representative, presented background information and urged
Council to approve and adopt the pioposed. resolution of support. She provided a slide show of the
site.
Discussion ensued about purchase cost and the site's uses.
BOGOSIAN/MEHAFFEY MOVED TO APPROVE THE PROPOSED RESOLUTION OF
SUPPORT. MOTION PASSED 5-0.
2. Report from the City Clerk regarding joint meeting with Los
Gatos/Saratoga Joint Union High School District.
Recommendation: Provide direction.
City Manager Perlin reported that the staff report for this item was inadvertently omitted from the
agenda packet and recommended placing it on the agenda of March 23~a. Council concurred.
5. CONSENT CALENDAR
A. Previously Discussed Items
1. Resolution denying an appeal from the decision of the Planning Commission:
Applicant/Appellant Loh; 20651 Leonard Road (V-98-011)
Recommendation: Adopt resolution.
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Minutes for City Council Regular Meeting March 17, 1999
BAKER/STREIT MOVED TO ADOPT THE RESOLUTION DENYING THE APPEAL.
MOTION PASSED 5-0.
B. New Items
Vice Mayor Bogosian requested to pull agenda item 3; Councilmember Baker requested to pull
agenda item 4; and Councilmember Streit requested to pull agenda item 5. All items were pulled
for discussion and clarification.
STREIT/BOGOSIAN MOVED TO APPROVE AND ADOPT AGENDA ITEMS 5B1 AND 5B2.
MOTION PASSED 5-0.
1. Planning Commission Actions, March 10, 1999
Recommendation: Note and file.
2. Approval of Check Register
Recommendation: Note and file.
3. Report Authorizing Publicity for upcoming Public Hearings - Community
Development Block Grant (CDBG) Allocations for 1999-2000.
Recommendation: Provide direction to staff.
Discussion ensued regarding notification process in general. City Manager Perlin recommended to
put the matter of noticing procedures on the Council Retreat agenda for further review and
discussion. Council concurred.
BOGOSIAN/BAKER MOVED TO APPROVE NO ADDITIONAL NOTICING FOR AGENDA
ITEM 5B3. MOTION PASSED 5-0.
4. Review/ApprovalofCityInvestmentPolicy
Recommendation: Approve recommended policy.
Discussion ensued regarding reserves.'
BAKERJSTREIT MOVED TO APPROVE AGENDA ITEM 5B4 AND ADOPT THE
INVESTMENT POLICY. MOTION PASSED 5-0.
5. Resolution authorizing the City to apply for TFCA (40%) funds in order to
continue the ALTRANS Trip Reduction Program for K-12 schools and West
Valley College.
Recommendation: Adopt resolution.
Discussion ensued regarding shuttle and busing programs.
BOGOSIAN/MEHAFFEY MOVED TO APPROVE AGENDA ITEM 5B5 AND ADOPT THE
RESOLUTION. MOTION PASSED 5-0.
C. Claims Against the City
I. Claimant - Kevin S. Cummings
Recommendation: Reject the subject claim.
This item was withdrawn f~om this agenda pending further review based on new information that
was received fi'om the claimant.
6. PUBLIC HEARINGS - 7:30 p.m. - None
7. OLD BUSINESS
A. Report from Community Development Director regarding Redwood Middle
School Notice of Intent.
Recommendation: Receive report and continue to April 7, 1999.
Director of Community Development Walgren presented the staff report.
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Minutes for City Council Regular Meeting March 17, 1999
STREIT/MEHAFFEY MOVED TO CONTINUE THE REDWOOD MIDDLE SCHOOL
INITIAL STUDY REVIEW AND RESPONSE TO THE APRIL 7m REGULAR COUNCIL
MEETING. MOTION PASSED 5-0.
B. Review of criteria and proposed schedule for Contract City Attorney selection.
Recommendation: Review staff recommendations and provide direction.
Councilmember Baker commented that based on the City Attomey's memorandum, the selection
process be conducted in closed session allowable by the Brown Act.
BAKER/BOGOSIAN MOVED TO CONDUCT THE SELECTION PROCESS FOR
CONTRACT CITY ATTORNEY IN CLOSED SESSION ALLOWABLE BY THE BROWN
ACT. MOTION PASSED 5-0.
Mayor Shaw recommended to schedule this item for Closed Session at the next Council meeting.
Council concurred.
8. NEW BUSINESS
A. Ordinance adding Article 4-80 to Chapter 4 of the Municipal Code related to
regulating adult-oriented businesses. (First reading and introduction)
Recommendation: Introduce ordinance by title only, waiving a full'
reading.
Director of Community Development Walgren presented the staff report.
In response to Vice Mayor Bogosian and Councilmember Mehaffey, Mr. Walgren replied that the
application fee will cover cost to conduct all necessary background checks; and, the ordinance has
no sunset clause. In addition, the proposed ordinance is a model ordinance adopted by several other
jurisdictions. Furthermore, City Attorney Palback commented that this ordinance is prominent
throughout the nation and includes provisions to cover adverse impacts.
BOGOSIAN/BAKER MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY,
WAIVING A FULL READING. MOTION PASSED 5-0.
9. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions
on current oral communications.
Vice Mayor Bogosian commended Ms. Ruby for her comments earlier about initiating efforts to
work together with the City to resolve the differences and conflicts resulting f~om the proposed
school renovation project.
City Manager Perlin commented that he thought Mr. Martel's comments earlier about the sewage
disposal ordinance was a misinterpretation of the ordinance.
Discussion ensued regarding the conversion provisions of the ordinance.
City Manager Perlin commented he would review the ordinance and report back to Council.
Mayor Shaw directed the City Manager to review the provisions of the ordinance and respond to
Fir. Martel with his findings.
10. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no
longer needed.) - City Attorney Riback left the meeting at 7:50 p.m.
A. Regular Meeting of March 3, 1999
Councilmember Streit requested a correction to a formatting error on paragraphs 1 and 4 of agenda
item 10A of page 8 of the minutes.
Vice Mayor Bogosian requested a correction to paragraph 1 under agenda item 8, page 7 of the
minutes to read, "Vice Mayor Bogosian requested to refer speeding activities on Oak Street
between 6~ and Komina ,,lvenue, to the Public Safety Commission and TraJ~c Engineer ".
BOGOSIAN/BAKER MOVED TO APPROVE M~N'UTES OF MARCH 3, 1999 AS AMENDED.
MOTION PASSED 5-0.
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Minutes for City Council Regular Meeting March I7, 1999
11. CITY COUNCIL ITEMS
A. Agenda items for the next adjourned regular meeting (Note: The purpose of
listing the items immediately following is not to discuss or take action on them, but
simply to decide whether they are to be placed on the agenda for the next adjourned
meeting of March 23, 1999.
1) Joint Meeting with Planning Commission
2) Joint Meeting with Heritage Preservation Commission
3) City Manager Evaluation
4) Monthly Status Report on City's Y2K Efforts
There was a consensus of the Council to schedule Closed Session at 5:00 p.m. on March 2Yd
to allow sufficient time for Contract City Attorney selection process and City Manager
evaluation.
B. Other
1. Request from Councilmember Streit to reconsider date for Council retreat
currently scheduled for May 1, 1999.
There was a consensus of the Council to change the Council retreat to June 19, 1999.
Discussion ensued regarding the City' s interact website, email capabilities and KSAR banner.
Council concurred to direct staff to prepare a report and place it on the Council agenda for March
23~d'
Councilmember Mehaffey requested direction pertaining to a request from Barry Swenson to meet
with Councilmembers individually regarding a proposed project on Quito Road. Mayor Shaw
replied that the City has an established process to handle land use matters and therefore requests of
this nature should be dealt with in accordance with established City procedures.
12. CITY MANAGER'S REPORT
City Manager Perlin reported on the following:
· Vessing Road meeting with property owners is scheduled for Thursday, March 25, 1999; a
continued public hearing is scheduled for April 7~.
· Vasona Comdor letter
· Requests received from Santa Clara County and City of San Jose regarding the City's position
on the animal control legislation and the monetary relief for the Fire District resulting from the
County Treasurer's incorrect calculation of taxes paid. Mr. Perlin indicated that with Council's
permission, he will forward a letter expressing the City's position of support on these matters.
· Meeting with the Fire Chief regarding the station renovation.
ADJOURNMENT
Mayor Shaw adjourned the meeting at 8:27 p.m. in memory of Yehudi Menuin to the meeting of
March 23, 1999 at 7:00 p.m. in the Adult Care Facility.
Respectfully submitted,
Susan A. Ramos
City Clerk
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