Loading...
HomeMy WebLinkAbout02-21-2001 City Council Minutes MINUTES SARATOGA CITY COUNCIL February 21, 2001 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel - Existing Litigation (Government Code section 54956.9(a)): Name of case: People v. Perry (Santa Clara County Superior Court Doc. No. C- 9943929) Conference with Real Property Negotiator Property: 18870 Allendale Avenue Negotiating Parties: City of Saratoga/Serbian Eastern Orthodox Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. Property: 13718 Saratoga Avenue Negotiating Parties: City of Saratoga/Sacred Heart Church Under Negotiation: Instructions to negotiator regarding price and terms and payment for real property lease. MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m. Mayor Mehaffey reported there was Council discussion but no reportable action was taken. Mayor Mehaffey called the Regular City Council meeting to order at 7:06 p.m. and requested Vice Mayor Streit to lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Evan Baker, Ann Waltonsmith, Vice Mayor Nick Streit, Mayor John Mehaffey ABSENT: Stan Bogosian ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Mary Jo Walker, Director of Administrative Services John Cherbone, Director of Public Works Paula Reeve, Administrative Analyst Cary Bloomquist, Administrative Analyst City Council Minutes 1 . February 21, 2001 REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 21, 2001. Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of February 21,2001 was properly posted on February 16, 2001. COMMUNICATIONS FROM COMMISSIONS & PUBLIC None COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS No one requested to speak at tonight's meeting. COUNCIL DIRECTION TO STAFF None CEREMONIAL ITEMS 1. PROCLAMATION - DECLARING MARCH 1, 2001 "PEACE CORPS DAY" STAFF RECOMMENDATION: Read proclamation. Mayor Mehaffey read the proclamation. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items on this section will be acted in one motion unless they are removed from the Consent Calendar. 2A. APPROVAL OF COUNCIL MINUTES OF: REGULAR MEETING - FEBRUARY 7, 2001 STAFF RECOMMENDATION: Approve submitted minutes. Councilmember Baker pulled Item 2A from the Consent Calendar. Councilmember Baker noted on page 7, 6th paragraph, "Waltonsmith" should be replaced with "Bogosian". BAKER/WALTONSMITH MOVED TO APPROVE MINUTES OF FEBRUARY 7, 2001 CITY COUNCIL MINUTES AS AMENDED. MOTION PASSED 3-0-1 WITH MEHAFFEY ABSTAINING AND BOGOSIAN ABSENT. City Council Minutes 2 February 21, 2001 2B. REVIEW OF CHECK REGISTER 2C. 2D. 2E. STAFF RECOMMENDATION: Approve check register. STREIT/BAKER MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. JANUARY FINANCIAL STATEMENTS STAFF RECOMMENDATION: Note and file. STREIT/BAKER MOVED TO NOTE AND FILE JANUARY FINANCIAL STATEMENTS. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT REVIEW OF PLANNING COMMISSION ACTION MINUTES STAFF RECOMMENDATION: Note and file. STREIT/BAKER NOTE AND FILE PLANNING ACTION MINUTES. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT WITH REPUBLIC ELECTRIC FOR SIGNAL MAINTENANCE STAFF RECOMMENDATION: Authorize City Manager to execute agreement. Vice Mayor Streit pulled Item 2E from the Consent Calendar. Vice Mayor Streit asked if Republic Electric was a reputable company. Director Cherbone responded that the other jurisdictions that contract with Republic Electric were satisfied with their performance. Referring to an article recently printed in the San ,lose Mercury Newspaper, Vice Mayor Streit, noted that the City of Saratoga's intersections should be equipped for blackouts. Vice Mayor Streit requested that city staff research the possibility of installing battery backup systems to the City's traffic signals. Vice Mayor Streit noted that this would enhance public safety in the event of an emergency or blackout. Vice Mayor Streit noted that because of the recent PG&E crisis the City should also consider traffic signal LED conversions. Vice Mayor Streit suggested that staffrequest a cost proposal from Republic Electric to convert to LED and install battery backup systems. City Council Minutes 3 February 21,2001 Mayor Mehaffey directed staffto return with a cost proposal from Republic Electric at the next regular City Council meeting. STREIT/BAKER MOVED TO AUTHORIZE TO CITY MANAGER TO EXECUTE AGREEMENT WITH REPUBLIC ELECTRIC FOR SIGNAL MAINTENANCE. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. Mayor Mehaffey noted that it was not the appropriate time to begin the Public Hearing. Consensus of the Council moved to New Business - Item 4. NEW BUSINESS AUTHORIZATION TO CITY MANAGER TO EXECUTE MEMORANDUM OF UNDERSTANDING FOR THE UNION PACIFIC RAILROAD TRAIL STAFF RECOMMENDATION: Authorize City Manager to execute MOU. TITLE OF RESOLUTION: 01-012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA Cary Bloomquist, Administrative Analyst, presented staff report. Analyst Bloomquist reported that tonight staff is requesting that the City Council approve the Memorandum of Understanding and allocate $10,000.00 to conduct a Feasibility Study for the Union Pacific Railroad Trail. Analyst Bloomquist explained that the proposed trail segment length is 8.7 miles, with Saratoga's portion being 3.7 miles. Development of the trail would serve as an important linkage to other significant trail venues in the area, such as the Stevens Creek Trail and Rancho San Antonio County Park trails to the North, and Los Gatos Creek Trail and Vasona Lake County Park trails to the South. The proposed trail is included as a Regional Trail Route in the Santa Clara County Trails Master Plan, is a proposed bicycle corridor in the Santa Clara County Congestion Management Program and could be included as part of the San Juan Bautista De Anza National Historic Trail. Analyst Bloomquist reported that the anticipated cost of the trail project, without the data from the Feasibility Study, is $9,200,000.00. The VTA would fund 80% or $7,360,000.00 with the balance of $1,840,000.00 representing the four cities local match. Analyst Bloomquist noted that the lead agency for this project was the City of Cupertino. Analyst Bloomquist introduced Ray Chong, Staff Liaison/City of Cupertino, and noted that Mr. Chong would be giving the City Council a brief presentation on the key issues surrounding the Union Pacific Railroad Trail. City Council Minutes 4 February 21,2001 Ray Chong, Staff Liaison/City of Cupertino, presented a brief overview of the Union Pacific Railroad Trail Project. Mr. Chong highlighted the following key elements of the Project: · Key issues · Benefits · Scope of Work · Funding · Grant opportunities · Trail Partnership · Feasibility Study · Timeline Mr. Chong briefly stated the key components of the Feasibility Study: 1. Funding of $9.2 million dollars. 2. Acceptance of Trail by adjacent property owners. 3. Negotiation with Union Pacific Railroad for trail easement. Mr. Chong reported that Alta Transportation Company has been hired to perform {he Feasibility Study and outlined the following Task List in which Alta would be following: · Task ! - Project Management · Task 2 - Inventory · Task 3 - Analysis of Benefits, Needs, Opportunities, and Challenges · Task 4 - Development of Conceptual Routes · Task 5 - Development of Uniform Standards · Task 6 - Implementation · Task 7 - Final Report Mr. Chong noted that the Feasibility Study should start on April 3, 2001. Councilmember Baker noted that in the staffreport he read there was a possibility that sometime in the future the railroad corridor might close down completely. Mr. Chong responded that Hansen Permanente Cement Company, located in Cupertino and the sole customer on this railroad line, believe their operation will sunset in 20 years. Councilmember Baker questioned if the VTA has talked about building a lightrail connection parallel to Highway 85. Mr. Chong responded that there has been no discussion from the VTA in regards to a lightrail extension. Vice Mayor Streit noted that usually when a railroad is abandoned, the property owners that butt up against the corridors have the first opportunity to pumhase the land. Vice Mayor Streit asked if the Task Force has discussed this possibility with Union Pacific Railroad. City Council Minutes 5 February 21, 2001 Mr. Chong responded that no communications between the Task Force, Hansen Permanente Cement Company and Union Pacific Railroad have taken place. Mr. Chong noted that currently the Task Force has been trying to arrange a meeting with the different parties to address those concerns that have been discussed tonight. Mayor Mehaffey made the comment that he felt $140, 000.00 was an excessive amount of money to perform a Feasibility Study. Councilmember Baker concurred with Mayor Mehaffey, although he pointed out that Alta has many challenges along the railroad, including trying to determine the best solutions on how to handle over crossings of major streets and corridors. Councilmember Baker noted that he does not believe the trail will be used for commuting, but as recreational. Councilmember Waltonsmith noted that she supports funding the Feasibility Study but would like to know when the Union Pacific Railroad plans on granting the easements for the trail. Mr. Chong noted that the Union Pacific Railroad has not yet been contacted and reiterated the fact that in the near future he hopes to invite the Union Pacific Railroad to a Task Force meeting. Vice Mayor Streit asked who was on the Task Force. Mr. Chong responded that the Ad-Hoc Task Force consists of one staff member from Campbell, Cupertino, Los Gatos, VTA, and Dave Knapp, City Manager/Cupertino. Mayor Mehaffey commented that in the report it states that the estimated $9 million dollars to construct the trail does not include any funding for acquisition of easements and questioned if the County of Santa Clara has offered to contribute any money to this project. Mr. Chong responded that Mayor Mehaffey was correct; the $9 million was an estimate for construction only. Mr. Chong also stated that the County of Santa Clara has no desire to contribute any money towards the proposed project because the trail would only benefit the surrounding jurisdictions. Mayor Mehaffey noted that this was the appropriate time for the public to comment on this item. Anne Ng, 6031 Bollinger Road, Cupertino, noted that she fully supports the proposed Union Pacific Railroad Trail. Steven Blaylock, President/ALTRANS, noted that he fully supports the Union Pacific Railroad Trail. Mr. Blaylock noted that 952 West Valley College students live within one mile of the proposed trail, which would help reduce the number of cars on the streets of Saratoga. City Council Minutes 6 February 21, 2001 Sheila Ioannou, Saratoga Parks Commissioner, noted she fully supports the proposed Union Pacific Railroad Trail. Mrs. Iannou commented that this trail would offer the residents of Saratoga a link to the Los Gatos, Cupertino, and Campbell. Mrs. Iannou noted that she could not understand why the City Council was hesitant to support this trail - another City is taking the lead and VTA is paying for 80% of it. Jim Stallman, Bicycle Advisory Commissioner, noted that he fully supports the proposed Union Pacific Railroad Trail. Mr. Stallman noted that he uses the con'idor daily to commute, even though it is undeveloped. Vice Mayor Streit noted that the proposed $10,000.00 is being allocated from the City's contingency fund and questioned if the funding could come out of the Park Development Fund. Director Walker responded that the funding could be allocated from the Parks Development Fund if that is the City Council's desires. Consensus of the City Council to amend the allocation of funding. Mayor Mehaffey thanked everyone for coming tonight. STREIT/WALTONSMITH MOVED TO ADOPT RESOLUTION MAKING ADJUSTMENTS TO FY 2000-01 BUDGET AS AMENDED. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. BAKER/WALTONSMITH MOVED TO APPROVE $10,000.00 ALLOCATION TO CONDUCT FEASIBLY STUDY. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. BAKER/STREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE MOU. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. Councilmember Baker firmly stated that he does not oppose supporting the Feasibility Study, but reminded everyone that out of all the West Valley Cities participating in this project, Saratoga has the lowest operating budget and cannot afford to spend money like the other Cities on the proposed trail. Councilmember Waltonsmith noted that she supports the proposed trail and the Feasibility Study but also concurred with Councilmember Baker that the City of Saratoga cannot afford the proposed construction costs. Vice Mayor Streit also supports the Feasibility Study but shares the same concerns as his colleagues. Mayor Mehaffey concurred with his fellow colleagues. City Council Minutes 7 February 21, 2001 PUBLIC HEARINGS PROPOSED ORDINANCE TO UPDATE CERTAIN PORTIONS OF TITLE III OF THE SARATOGA MUNICIPAL CODE WHICH GOVERNS CODE ENFORCEMENT TITLE OF ORDINANCE: 201 ORDINANCE OF THE CITY COUNCIL AMENDING CHAPTER 3 OF THE SARATOGA CODE RELATING TO CODE ENFORCEMENT STAFF RECOMMENDATION: Open public hearing; invite public testimony; close public hearing; waive first reading of ordinance. Jonathan Wittwer, City Attorney, presented staff report. Attorney Wittwer noted that the proposed amendment would provide a more efficient use of stafftime and City funds. In the current code the hearing is attended by City Attorneys, Public Works Director, Community Development Director, City Manager, Code Enforcement Officer, Fire Chief, and any other staff members involved. This amendment would result in one Attorney and one Hearing Officer. Attorney Wittwer explained the proposed changes highlighting the following key issues: ,, Hearing Officer - The amendments would provide that an independent Hearing Officer would hear appeals of a Nuisance Abatement Order. · Alternate Appeals Board - Under certain cimumstances a hearing officer may not be appropriate. The amended ordinance provides that the City Council can call upon a Board of Appeals. The Board of appeals would be composed of the chairs of the Public Safety, Finance, and Planning Commissions. · Uniform Appeals Process - The amendments would provide that appeals of recorded notices of code violations are to be heard by the Hearing Officer or Board of Appeals. · Attorney's Fees - The amendments would authorize the City to recover its reasonable and necessary fees incurred in the course of code enforcement actions. · Clarifying Amendments - The amendments would clarify various provisions of the code enforcement ordinance and remove redundant language. Mayor Mehaffey opened the Public Hearing at 8:29 p.m. and invited anY public comment. Mayor Mehaffey closed the Public hearing at 8:30 p.m. Mayor Mehaffey pointed out several typographical errors and requested that the appropriate changes be made. City Council Minutes 8 February 21, 2001 Councilmember Waltonsmith noted she supports using a Hearing Officer. Mayor Mehaffey concurred with Councilmember Waltonsmith adding that staff time will be spent more productively. Due to the lack of public input, Councilmember Baker requested that the Council defer the first hearing on the proposed amendment and bring it back on March 7th. Councilmember Baker suggested that a notice be placed in the Saratoga News inviting the public to comment on this issue. Mayor Mehaffey concurred with Councitmember Baker noting that the current septic abatement ordinance will eventually fall into the nuisance abatement category, so this amendment could affect those individuals. STREIT/WALTONSMITH MOVED TO APPROVE AMENDMENT AND WAIVE FIRST READING OF PROPOSED ORDINANCE TO UPDATE CERTAIN PORTIONS OF TITLE III OF THE SARATOGA MUNICIPAL CODE, WHICH GOVERNS CODE ENFORCEMENT. MOTION PASSES 4-0 WITH BOGOSIAN ABSENT. Attorney Wittwer commented that the City Council should direct the City Clerk to notice a second reading of the proposed amendment. WALTONSMITH/STREIT MOVED TO DIRECT THE CITY CLERK TO NOTICE THE SECOND READING OF THE PROPOSED AMENDMENT. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. Mayor Mehaffey called a recess at 8:45 p.m. Mayor Mehaffey reconvened the meeting at 9:00 p.m. and requested that Item #8 be moved forward. Consensus of the City Council to move Item #8 forward. NEW BUSINESS CITYWIDE PAVEMENT CONDITION UPDATE STAFF RECOMMENDATION: Authorize City Manager to execute agreement for pavement condition update of the City's street system. John Cherbone, Director of Public Works, presented staff report. Director Cherbone explained that a Pavement Management System (PMS) is a computerized database, which systematically recommends various maintenance treatments for all publicly maintained streets in the City. City Council Minutes 9 February 21,2001 By carrying out the recommended maintenance treatments the City will, over time, reduce its annual pavement maintenance costs. Director Cherbone noted that staffrecently solicited proposals from qualified consultants for work associated with updating the City's Pavement Management System (PMS). The City received three proposals. Director Cherbone noted that Harris & Associates, who developed the City's current PMS database, submitted the lowest proposal in the amount of $30,740.00. Director Cherbone briefly summarized the scope of service: · Convert the City's current Pavement Management System database, PMI, to the Metropolitan Transportation Commission's (MTC) PMS database. · Train Engineering staff on the use of the MTC PMS database. · Perform a citywide inspection of the City's approximately 137 centerline miles of streets. Director Cherbone noted that Mark Martin from Harris & Associates was present tonight to give the Council a brief overview of the services he would be providing to the City of Saratoga. Mark Martin/Harris & Associates, explained that the City's current PMI system was developed approximately 10 years ago. Mr. martin noted that the Metropolitan Transportation Commission's (MTC) PMS database is used by about 80% of the Bay Area. Mr. Martin presented an overview of the project tasks: · Convert to new system · Pavement inspection (city wide) · Objective condition rating · Update historical maintenance · Conduct cost analysis · Reports executive summary Mayor Mehaffey asked if the MTC PMS database would be able to help in the GASB34 reporting process. Mr. Martin responded yes. Councilmember Baker asked how much time would be needed to complete the inventory. Mr. Martine stated approximately six weeks. BAKER/WALTONSMITH MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENT WITH HARRIS & ASSOCIATES FOR CITYWIDE PAVEMENT CONDITION UPDATE. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. City Council Minutes 10 February 21, 2001 OLD BUSINESS None NEW BUSINESS 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 STAFF RECOMMENDATION: Adopt Resolution. TITLE OF RESOLUTION: 01-014 RESOLUTION FO THE CITY COUNCIL AUTHORIZING THE CITY TO APPLY FOR TRANSPORTATION FUNDS FOR CLEAN AIR (TFCA) - PROGRAM MANAGER FUNDS (40%) FOR THE PURPOSE OF CONTINUING THE ALTRANS TRIP REDUCTION PROGRAM AT K-12 SCHOOLS AND WEST VALLEY COLLEGE. Paula Reeve, Administrative Analyst, presented staff report. Analyst Reeve explained that as a requirement of the application process to receive funds from the Santa Clara Valley Transportation Authority (VTA), an applicant city is required to pass a resolution authorizing the City to apply for these grant monies. Analyst Reeve noted that the City of Saratoga is sponsoring this grant application to provide 40% of the total funding for a comprehensive outreach and marketing program to reduce one-way vehicle trips from colleges and K- 12 school sites in the West Valley; and to introduce a pilot-bussing program for schools in the City of Saratoga. Analyst Reeve point out an additional change to the grant application includes a request for $85,000.00 in funding to operate two 84-passenger school buses along eight bus routes. The pilot program will serve four schools in Saratoga and include four schools in the Los Gatos Union School District. Analyst Reeve noted that if the project were successful in attaining these funds, the City of Saratoga would benefit by having the program continued in Saratoga during the FY 2001-2002 with no additional cost to the City. Analyst Reeve noted that Steve Blaylock, President/ALTRANS, was present tonight and would give a brief overview of the application. Steve Blaylock, President/ALTRANS, noted that the grant application provides baseline and follow-up surveys, a comprehensive outreach and marketing program based on Pro-Active Trip Plans and the introduction of a pilot-bussing program for schools in the City of Saratoga. City Council Minutes 11 February 21, 2001 Mr. Blaylock-explained that one of the programs that would be implemented, if the grant is approved, is direct access to the ALTRANS Trip Plan via a web site that will be established at West Valley, Mission, De Anza, Foothill, San Jose and Evergreen Valley College. In addition, a direct link will be established at 39 schools within the Saratoga, Cupertino, and Los Gatos Union School Districts. Mr. Blaylock reported that during the Summer of 2000, ALTRANS conducted a survey aimed at identifying the need for a subscription-based busing program for the four schools of the Saratoga Union School District. Out of 2,300 parents, 1,261 parents responded to the survey. Of the 1,261 responses, 64% of the parents responded supporting using a busing program. Mr. Blaylock also noted that 12% of the 1,261 responses received reported that they would pay from $750 - $1000 per school year as a subscription service. Mr. Blaylock pointed out that page 19 of the grant application describes the pilot-bussing program in its entirety and should be implemented in September 2001. Mr. Blaylock noted as part of the proposed pilot program under this grant application, two 84-passenger school buses would serve the four schools in the SUSD, all of which are geographically close and would reduce 400 vehicles or 800 trips. Mr. Blaylock explained the annual operating costs include lease of a new bus, insurance, regular scheduled minor and major preventative maintenance checks, drivers' salary, fuel costs, and other incidentals. The proposed funding from this grant application would help offset the costs borne by the parents. STREIT/WALTONSMITH MOVED TO APPROVE RESOLUTION TO APPLY FOR TFCA FUNDS. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. INITIATION OF LIGHTING & LANDSCAPING ASSESSMENT DISTRICT LLA-1 STAFF RECOMMENDATION: Adopt resolutions. TITLE OF RESOLUTION: 01-013 RESOLUTION OF THE CITY COUNCIL APPOINTING ATTORNEYS FOR FISCAL YEAR 2001-2002 LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT LLA-1 TILE OF RESOLUTION: 01-020 RESOLUTION OF THE CITY COUNCIL DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR FISCAL YEAR 2001-2002 LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT LLA-1 City Council Minutes 12 February 21,2001 John Cherbone, Director of Public Works, presented staff report. Director Cherbone noted that Council is requested to adopt two resolutions tonight to initiate the annual process of renewing the Lighting & Landscaping Assessment District LLA-1 for the upcoming fiscal year beginning on July 1, 2001. Director Cherbone briefly summarized each resolution. The first resolution, appoints the City Attorney's office as the attorneys for the District throughout the renewal process, and limits their fees in connection with this work to $500.00. The second resolution, describes the improvements and directs the preparation of the Engineer's Report, is required under the Streets & Highway Code Section 22622 to initiate the renewal process for the existing assessment district for ensuring fiscal year. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING THE CITY ATTORNEY'S OFFICE FOR FY 2000-01 FOR LLA-1. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. BAKEPdWALTONSMITH MOVED TO ADOPT RESOLUTION DESCRIBING IMPROVEMENTS AND DIRECTING PREPARATION OF ENGINEER'S REPORT FOR LLA-1. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. FISCAL YEARS 2001-02 & 2002-03 BUDGET DEVELOPMENT PROCESS STAFF RECOMMENDATION: Note and file. Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker explained that attached to tonight's report was the proposed calendar for preparation of the FY 2002-03 and FY 2003-04 budgets. Under the proposed timeline, the City Council would receive the draft budget document for their May 2 meeting. Director Walker briefly went through and explained the proposed calendar. MOVED TO NOTE AND FILE CALENDAR FOR BUDGET PROCESS FOR FY 2002-03 AND 2003-04. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. AUTHORIZATION TO CITY MANAGER TO EXECUTE AGREEMENT FOR ENVIRONMENTAL CONSULTANT FOR LIBRARY RENOVATION & EXPANSION PROJECT STAFF RECOMMENDATION: Authorize City Manager to execute agreement for consulting services. City Council Minutes 13 February 21,2001 Mary Jo Walker, Director of Administrative Services, presented staff report. Director Walker explained that the California Environmental Quality Act (CEQA) requires that an environmental analysis (Initial Study) be performed before expanding the Saratoga Community Library. The analysis must be completed before the end of April. Director Walker noted that staffprepared a Request for Qualifications (RFQ) and sent it out to thirteen firms that perform this service in the greater Bay Area. Only two firms responded, Mundie & Associates and Maureen Owens Hill Consulting. Staff selected Mundie & Associates, however due to a conflict over the insurance requirements, Mundie & Associates declined to accept the agreement. Director Walker noted that the revised agreement before the City Council tonight authorizes the City Manager to execute an agreement with Maureen Owens Hill Consulting. Director Walker reassured the City Council that although Maureen Owens Hill Consulting was not selected first, she is a highly qualified consultant and comes with very good references. Director Walker noted that Maureen Owens Hill Consulting has subcontracted with Fehr and Peers to perform a traffic study that will be incorporated into the Initial Study. BAKEP, JSTREIT MOVED TO AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT WITH MAUREEN OWENS HILL FOR ENVIRONMENTAL CONSULTING SERVICES. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. 10. RESOLUTION ADOPTING A REVISED CONFLICT OF INTEREST CODE STAFF RECOMMENDATION: Adopt resolution. TITLE OF RESOLUTION: 01-011 RESOLUTION OF THE CITY COUNCIL AMENDING THE CITY OF SARATOGA'S CONFLICT OF INTEREST CODE Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that the Political Reform Act requires each city to adopt a Conflict of Interest Code and periodically review and update the code. City Clerk Boyer explained that staff is requesting the City Council adopt the proposed resolution that would update the City's current Conflict of Interest Code in its entirety and replace it with a code that simply incorporates by reference the model conflict code that has been adopted by the FPPC. If the City of Saratoga adopts this model code it will ensure that its code is always in compliance with the law. City Council Minutes 14 February 21, 2001 11. City Clerk Boyer briefly explained how the model code differs from the City's current Conflict of Interest Code: · Reflects recent changes the FPPC made to the threshold for total value of gifts that may be received from a single source. · Makes optional the former requirements that a public official who is disqualified from making or participating in a decision, state the basis for that disqualification on the record. · Adds the position of Assistant City Manager. · Changes the title of Finance Director to Administrative Services Director. BAKER/WALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. CONSENT CALENDAR POLICY STAFF RECOMMENDATION: Accept report and direct staff accordingly. Cathleen Boyer, City Clerk, presented staff report. City Clerk Boyer explained that at the January 17, 2001 City Council meeting staff was directed to develop a policy regarding public comments on Consent Calendar items. City Clerk Boyer explained that the Brown Act requires that the agenda for each regular meeting provide an opportunity for members of the public to address the Council on any item. This includes matters not on the agenda as well as matters that are on the agenda. City Clerk Boyer explained that the City has complied with this rule in the past by accepting public comment on each item on the agenda as it is discussed by the Council, and by allowing a period of time for public comment on matters not on the agenda. Items on the Consent Calendar have been at the discretion of the Mayor. City Clerk Boyer explained that through various sources staff has learned that the policy for the Consent Calendar varies from city to city. City Clerk Boyer briefly explained three options that could address this issue: 1. Council could allow the public to remove items from the Consent Calendar for purposes of discussion by amending the language on the agenda listed under the Consent Calendar heading. 2. Allow the public to comment on anything including Consent Calendar items under Oral Communications. This also could be accomplished by amending the language on the agenda under the Oral Communications heading. 3. Allow the public to speak on anything under Oral Communications except Public heating items-which they would be allowed to speak at the time of the heating. A discussion took place amongst the City Council members in regards to which option should be implemented. City Council Minutes 15 February 21, 2001 Mayor Mehaffey suggested limiting comments under Oral Communications to items that are not on the agenda and amending the language under the Consent Calendar heading to read as Follows: The Consent Calendar contains routine items of business. Items in this section will be acted in one motion, unless removed by the Mayor or a Council member. Any member of the public may speak to an item on the Consent Calendar at this time, or request the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. City Clerk Boyer noted that staff would bring back a formal Consent Calendar Policy for approval at the next scheduled meeting. BAKER/WALTONSMITH MOVED TO APPROVE AMENDED LANGUAGE FOR THE CONSENT CALENDAR. MOTION PASSED 4-0 WITH BOGOSIAN ABSENT. AGENCY ASSIGNMENT REPORTS Councilmember Waltonsmith noted that SASCC met in January and discussed reorganizing their fimdraising database and having an Open House sometime in early April. Councilmember Baker reported that the County HCD heard 30 presentations from groups applying for grants. Councilmember Baker reported at the most recent KSAR meeting discussion took place on the need to inventory their equipment and draft a budget to start an equipment replacement program. Vice Mayor Streit reported that at the most recent Legislative Task Force meeting a discussion took place in regards to the proposed Metcalf Power Plant. Mayor Mehaffey reported that at a recent SBDC meeting, a discussion took place in regards to replacing the trees in the Village. Mayor Mehaffey also reported that the Winery Directional signs have been made and should be installed soon. CITY COUNCIL ITEMS Councilmember Baker suggested implementing a stipend for the Planning Comxnissioners. Mayor Mehaffey directed staff to agendize Councilmember Baker's suggestion. Vice Mayor Streit requested that staff investigate the lighting system in the Theater and noted that it would make sense to replace the system with a more cost and energy efficient system. City Council Minutes 16 February 21, 2001 OTHER None CITY MANAGER'S REPORT Dave Anderson, City Manager, noted that the Heritage Orchard Restoration Project started last Thursday, but due to the rain, the project was stopped. ADJOURNMENT The£d b~in~'no further business, Mayor Mehaffey adjourned the meeting at 10:27 p.m. City Council Minutes 17 February 21,2001