HomeMy WebLinkAbout11-17-1999 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, November 17, 1999- 5:30 p.m.
PLACE: Closed Session - Administrative Conference Room, 13777 Fruitvale Avenue;
Regular Meeting - Adult Care Center~. 196_~5 Aliendale Avenue
TYPE: Regular Meeting
OPEN SESSION - 5:30 p.m. in the Administrative Conference Room
1. COMMISSION INTERVIEWS
A. Sandra Dodge - 5:30 p.m. (Parks and Recreation Commission)
B. Chuck Swan - 5:40 p.m. (Finance Commission)
The applicants were interviewed and selections were made to fill the vacancies on thc Parks and
Recreation and Finance Commissions. Announcement of appointments pending until the
applicants have been notified.
ADJOURN TO CLOSED SESSION
2. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation pursuant to Government
Code section 54956.9(a) - Name of Cases: Santa Clara County Superior Court
No. CIV 756-340; City of Saratoga v. TCI of Cleveland, Santa Clara County
Superior Court; City of Saratoga v. Santa Clara County (TEA Prop. Tax
Issue)
B. Conference with Legal Counsel - Anticipated Litigation
Significant exposure to litigation pursuant to subdivision Co) of Government
Code Section 54956.9 (one case).
MAYOR'S REPORT ON CLOSED SESSION - No actions were taken.
REGULAR MEETING/CALL TO ORDER - Vice Mayor Bogosian called the regular meeting
to order at 7:00 p.m. in the Adult Care Center, 19655 Allendale Avenue
PLEDGE OF ALLEGIANCE - None
ROLL CALL - Councilmembers Waltonsmith, Baker, Streit, Mehaffey and Vice Mayor Bogosian
were present. Staff present: City Manager Perlin, Asst. City Attorney Wittwer, City Clerk Ramos,
Director of Administrative Services Walker, Community Development Director Walgren.
1. CEREMONIAL ITEMS -None
REPORT OF CITY CLERK ON POSTING OF AGENDA - City Clerk Ramos reported that
pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on
November 12, 1999.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. Oral Communications on Non-Agendized Items
Dora Gren.q~ 13451 Old Oak Way, commented about the inconsistencies of the City's website.
Page lof6
Minutes for City Council Regular Meeting November 17, 1999
Vic Monia; 14665 Granite Way; requested staffto check out the falling street section adjacent to his
driveway and added that the City should try to resolve the problems of its website.
Steven l~laylock;14000 Fmitvale Avenue; reported on the caa-'pool program of Altrans and
distributed written materials to Council and staff for their review.
B. Communications from Boards and Commissions - None
C. Written Communications - None
5. CONSENT CALENDAR
A. Previously Discussed Items
1. Resolution granting thc appeal from thc decision of the Planning Commission,
Applicant/Appellant David Wright; 15142 Sobey Road, AS 99-001.
Recommendation: Adopt the resolution.
Councilmember Waltonsmith focused herself because she participated in thc discussions as a
Commissioner when the Planning Commission heard this item.
Councilmcmber Strcit expressed concern about the property owners' continued illegal use of the
batting cage.
Discussion ensued regarding enforcement and penalties.
There was consensus of the Council to direct staff to contact the property owners to remind them
about thc restrictions placed by the Council on the batting cage and its use.
BAKERAVIEHAFFEY MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 4-0-1
(COUNCILMEMBER WALTONSMITH ABSTAINED).
B. New Items
1. Planning Commission Actions, November 10, 1999
Recommendation: Note and file.
Councilmember Waltonsmith requested to pull item 1 for discussion and requested a review of the
approval of the subdivision, use permit and design review applications of Azule Crossing Inc.,
under agenda item 3 of the Planning Commission meeting of November 10, 1999.
Discussion ensued.
WALTONSMITH/MEHAFFEY MOVED TO AGENDIZE THIS MATTER FOR COUNCIL
REVIEW ON DECEMBER 15, 1999. MOTION PASSED 5-0.
2. Approval of Check Register
Recommendation: Note and file.
3. Memo authorizing publicity for December 1 Public Hearing items: Cheng
appeal; Resolution ordering abatement of a 'public nuisance by removal of
hazardous weeds.
4. Monthly Treasurer's Report for July 1999
Recommendation: Accept the report.
STREIT/BAKER MOVED TO APPROVE CONSENT CALENDAR ITEMS 5B2, 3 AND 4.
MOTION PASSED 5-0.
C. Claims Against the City - None
6. PUBLIC HEARINGS - 7:30 p.m. - None
Page 2of6
Minutes for City Council Regular Meeting November 17, 1999
7. OLD BUSINESS
A. Resolution ratifying a Letter of Understanding between the City and the
Saratoga Management Organization for the period beginning July 1, 1999 and
ending June 30, 2001.
Resalatiam Adopt the resolution ratifying the Letter of Understanding between the
City and the Saratoga Management Organization for the period ending June 30, 2001.
City Manager Perlin presented the staff report.
BAKER/STREIT MOVED TO ADOPT THE RESOLUTION. MOTION PASSED 5-0.
8. NEW BUSINESS - None
9. ORAL COMMUNICATIONS (continued) and instructions to staff regarding actions
on current oral communications.
Councilmember Waltonsmith responded to the comments made regarding the City's website and
said it is important to keep the website up to date to give citizens information access in a timely
manner.
Vice Mayor Bogosian concurred with Councilmember Waltonsmith and also directed staff to look
into the comments made by Mr. Monia regarding the falling street section adjacent to his driveway.
10. APPROVAL OF MINUTES (Note: City Attorney will be excused at this point if no
longer needed.)
A. Adjourned Regular meeting of October 26, 1999
B. Regular Meeting of November 3, 1999
Councilmember Waltonsmith noted a typographical error on page 2 of the November 3ra meeting
minutes.
BAKER/STREIT MOVED TO APPROVE THE MINUTES OF OCTOBER 26, 1999. MOTION
PASSED 5-0.
BAKER/WALTONSMITH MOVED TO APPROVE THE MINUTES OF NOVEMBER 3, 1999
AS AMENDED. MOTION PASSED 5-0.
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 adjourned
regular meeting of November 23, 1999 - This meeting is canceled.)
City Manager Perlin commented to defer any decisions regarding the status of the November 23~
meeting until after the joint meeting with the Library Commission this evening.
B. Other
Councilmember Waltonsmith requested to discuss the issue about the potential environmental
impacts the Califomia Grey Whale breeding grounds in Baja, Mexico, at the next Council meeting.
Council concurred.
Councilmember Baker commented about a flyer he received from an anonymous sender
regarding the Village Rendezvous and asked about its conditional use permit.
Community Development Director Walgren replied that the tenure of the business does not
Page 3of6
Minutes for City Council Regular Meeting November 17, 1999
render a need for a conditional use permit.
Councilmember Waltonsmith expressed her support the City's volunteer program ~md commended
the efforts of staff. Vice Mayor Bogosian echoed her comments.
12. CITY MANAGER'S REPORT - City Manager Perlin reported on the roi!owing:
· The Draft EIR for the Mt. Winery application has been released by the Ci)unty for public
review. He suggested the City hold a Council meeting to receive public comments and
invited the Planning Commission, Parks and Recreatiort Commission and Public Safety
Commission to attend this meeting and provide their comments. He distributed copies of
the Draft EIR to Council and announced that the Draft EIR is available in the Planning
Counter at City Hall for public viewing.
Councilmember Baker suggested to agendize this matter at their regular meeting :of December 1,
1999 to review staff's response and to receive public comments. Council concurred.
Community Development Director Walgren commented that the ]?lanning Commission will hold a
meeting on November 23rd at 7:30 p.m. to discuss the Draft E1R and the Parks, and Recreation
Commission will hold a meeting on November 22, 1999 also to discuss this matter.
ADJOURN TO JOINT MEETING WITH LIBRARY COMMISSION
13. JOINT MEETING WITH LIBRARY COMMISSION - 7:40 p.m.
ROLL CALL - All commissioners were present.
City Manager Perlin suggested to re-order the items below and move item D to C and move item C
to D. He also announced that new information has been received from the Registrar of Voters
making it necessary for the Council to add an urgency item to the agenda this evening, an ordinance
authorizing the submittal to the voters for a library general obligation bond.
A. Presentation of poll results for possible Library (General Obligation) Bond Special
Election on March 7, 2000.
Marcia Manzo, Chairperson, introduced Ben Tulchin of Fairbank, Maslin, Maullin Associates, who
gave a presentation, regarding the public opinion survey that was conducted and its results.
B. Recommendation from Library Commission on calling a Library (General
Obligation) Bond Special Election on March 7, 2000.
Marcia Manzo, ChairPerson, gave a comprehensive background report on the Library
Commission's recommendation for a library general obligation bond to fund the library expansion
and renovation.
At this time, Vice Mayor Bogosian recognized the following speakers:
Sally Towse: 15211 lqelleeourt: spoke on behalf of the Senior Commission Library Foundation, to
endorse the Library Commission's recommendation for a library general obligation bond.
Pearl Medeiros: President of Saratoga Chamber of Commerce; :spoke on behalf of the Chamber
Board, to support the proposed library general obligation bond.
Vice Mayor Bogosian asked the pleasure of the Council.
Discussion ensued regarding parking and landscaping, design, and bond level.
ChairPerson Manzo commented that without any architectural drawings in place, it would be
difficult to respond to parking and design provisions.
Discussion continued.
Page 4 of 6
Minutes for City Council Regular Meeting November 17, 1999
Chairperson Manzo commented it is important that the language on the bond measure be similar to
the language that appeared on the survey polls.
C. Recommendation on selection of Bond Counsel for possible Library (General
Obligation) Bond Special Election.
City Manager Perlin presented the staff report.
Discussion ensued regarding contingency fees.
Brian Quint, Bond Counsel, confirmed that if the bond measure does not pass, there would be no
cost to the City for his services.
BAKER/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
STANDARD PROFESSIONAL SERVICES AGREEMENT FOR FEES NOT TO EXCEED
$31,000 WITH QUINT AND THIMMIG AS BOND COUNSEL TO ASSIST THE CITY WITH
THE POTENTIAL ISSUACNE OF DEBT FOR THE RENOVATION AND EXPANSION OF
THE SARATOGA LIBRARY. MOTION PASSED 5-0.
Councilmember Mehaffey commented he is against use of bonds for projects but it would be
appropriate to put it to the voters.
Vice Mayor Bogosian called a recess at 8:55 p.m. and convened the meeting at 9:10 p.m.
D. Resolution of Necessity in connection with a Library (General Obligation) Bond
Special Election on March 7, 2000.
City Manager Perlin presented the staff report
STREIT/BAKER MOVED TO ADOPT THE RESOLUTION FOR A $15 MILLION BOND.
MOTION PASSED 5-0.
BOGOSIAN/BAKER MOVED TO ADD AN ITEM TO THE AGENDA THIS EVENING TO
INTRODUCE AN ORDINANCE AUTHORIZING SUBMITTAL TO THE VOTERS FOR A
LIBRARY GENERAL OBLIGATOIN BOND; THAT THERE IS A NEED TO TAKE
IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION
OF THE CITY SUBSEQUENT TO THE POSTING OF THE AGENDA. MOTION PASSED 5-
0.
ADDED ITEM TO THIS AGENDA:
E. Introduce an Ordinance of the City Council of the City. of Saratoga ordering the
submission of a proposition on incurring bonded indebtedness for the purposed of
the acquisition, construction and completion of certain municipal improvements to
the qualified voters of the City of Saratoga at an election to be held on March 7,
2000.
Brian Quint, Bond Counsel, provided a report on the ordinance and a resolution requesting
consolidation with the County of Santa Clara for election services and setting timelines for the
arguments and rebuttals.
Discussion ensued regarding terms of bonds.
Bond Counsel Quint commented that there are statutory limitations on bond terms however it does
not have to be decided tonight.
The following are the changes to the ordinance as proposed by Council:
· Sections 4 & 5: fill in the amount of $15 million
Section 2: replace the language with the same language that appeared in the
survey polls to read, "To improve, renovate, and expand the Saratoga
Page 5of6
Minutes for City Council Regular Meeting November 17, 1999
Community Library in its current location by providing space for more books;
ensuring modern earthquake standards; improving access to fire exits;
updating electrical wiring'for computers: providing ade,'quate seating;
updating inadequate lighting; and providing,, additional space for children's
reading areas, shall the City: issue $15 million in bonds at thk~ lowest interest
rates possible, with guarante'ed annual audits, a citizen's overMght committee,
and no money for administrators' salaries?
Section 3: insert and repeat this same language in section 2 afterlthe words "...in
particular,". :
· Replace the words "remodeling" in the ordinance with "renovating"
· Delete the words at the end of the title "for that purpose" and ihsert "to be held
on March 7, 2000". ',
BAKER/MEHAFFEY MOVED TO INTRODUCE THE ORDINANCE AS AMENDED ABOVE.
MOTION PASSED 5-0.
City Manager Perlin commented it would be necessary for .Council to schedule a subsequent
meeting for the second reading of the ordinance and to adopt a resolution consolidating with the
County of Santa Clara for election services and setting timeline:; for arguments and rebuttals. It
may be necessary to meet early next week to allow the City to meet the schedule of the Registrar of
Voters for the arguments and rebuttals, and to meet other statutory noticing requirements.
THERE WAS CONSENSUS TO SCHEDULE A MEETING ON TUESDAY, NOVEMBER 23,
1999 AT 8:00 A.M. IN THE ADMINISTRATIVE CONFERENCE ROOM FOR ADOPTION OF
THE ORDINANCE AND THE RESOLUTION OF CONSOLIDATION.
Councilmember Mehaffey commented concems about the speedy process of approving the
ordinance and resolution and not providing sufficient time for the public to comment.
In response, Councilmember Baker commented that if this were mi ordinance that would take effect
and be codified into law, he would be equally concemed, however, in this case, the City Council is
putting a measure on the ballot for the citizens to vote to make a decision. The citizens will have
an oppommity at the polls to decide.
Discussion ensued regarding noticing and publication requirements.
Brian Quint, Bond Counsel, explained the statutory requirements and the newspaper's deadline for
publication.
Asst. City Attorney Wittwer commented that tl~e November 23rd meeting will be an adjourned
regular meeting.
Discussion ensued to clarify the meeting of December 7~h to meet 'with Assemblyman Cunneen and
to review the arguments.
THERE WAS CONSENSUS TO SCHEDULE A MEETING ON DECEMBER 7, 1999 TO
MEET WITH ASSEMBLYMAN CUNNEEN IN THE MORNING AND COME BACK IN THE
EVENING TO REVIEW THE ARGUMENTS FOR OR AGAINST THE LIBRARY GENERAL
OBLIGATION BOND MEASURE IN ORDER TO PROV.[DE A BETTER TIME FOR
CITIZENS TO PARTICIPATE AND PROVIDE COMMENTS.
F. Other - None
ADJOURNMENT - Vice Mayor Bogosian adjourned the reg~alar meeting at 9:40 p.m. to an
adjourned regular meeting on November 23, 1999 at 8:00 a.m. in the Administrative Conference
Room at 13777 Fruitvale Avenue.
Respectfully submitted,
Page 6of6