HomeMy WebLinkAbout10-17-2001 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
OCTOBER 17, 2001
The City Council of the City of Saratoga met in Open Session in the Administrative Conference
Room at 6:00 p.m. to interview applicants for the Finance Commission and the Saratoga
Community Foundation.
The City Council of the City of Saratoga met in Closed Session, Administrative Conference
Room, 13777 Fruitvale Avenue at 6:35 p.m.
Conference With Legal Counsel Anticipated Litigation
Significant exposure to litigation pursuant to Government Code section 54956.9(b):
(3 potential case)
MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m.
Vice Mayor Streit reported there was Council discussion but no action was taken.
Vice Mayor Streit called the Regular City,Council meeting to order at 7:06 p.m. and requested
City Attorney Taylor to lead the Pledge of Allegiance.
ROLL CALL
PRESENT:
Councilmembers Evan Baker, Stan Bogosian,
Ann Waltonsmith, Vice Mayor Nick Streit,
ABSENT:
Mayor John Mehaffey
ALSO PRESENT:
Dave Anderson, City Manager
Richard Taylor, City Attorney
Cathleen Boyer, City Clerk
Tom Sullivan, Community Development Director
Melissa Eddy, Interim Director of Admin. Services
John Cherbone, Director of Public Works
Danielle Surdin, Economic Development Coordinator
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR OCTOBER 17, 2001
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the
agenda for the meeting of October 17, 2001 was properly posted on October 12, 2001.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
ORAL COMMUNICATIONS
The following person requested to speak at tonight's meeting:
Helen Lee, 14653 Carnelian Glen Court, noted that last December she appeared before the City
Council in regards to the subdivision across from her house. Mrs. Lee noted her concern was the
driveway of the flag lot #4 facing the front door of her house. Mrs. Lee stated at that time she
indicated to the City Council that the long driveway would invade her privacy and would take
away from the value of her house. Mrs. Lee pointed out that at that time the Council agreed that
the developer should angle the driveway away from her house, combine the driveway with lot #5
and then exit to the street and plant screening to minimize the impact of the headlights coming
down the driveway. In August 2001 the developer started construction. The developer cut the
curb for the driveway and started the grading that pointed directly at her front door. Mrs. Lee
stated that she contacted the Community Development Department and asked to see the final
map but was told that they did not have the map. Also, the developer took out an oak tree; as far
as she is concerned the developer took out the wrong tree. Mrs. Lee requested that the City
Council investigate her concerns and invited the Council to her home to experience the impact of
the driveway on her house.
COMMUNICATIONS FROM BOARDS AND COMMISSIONS
None
WRITTEN COMMUNICATIONS
None
COUNCIL DIRECTION TO STAFF
Councilmember Waltonsmith requested that Mrs. Lee meet with Director Sullivan.
ANNOUNCEMENTS
None
CEREMONIAL ITEMS
IA. COMMENDATIONS FOR $UDY ALBERTS, StlEILA IOANNOU, AND
BARBARA OLSEN, PARKS AND RECREATION COMMISSION
STAFF RECOMMENDATION:
Present commendations.
Vice Mayor Streit read the commendations and presented them to the outgoing
Commissioners.
City Council minutes 2 October 17, 2001
lB.
APPOINTMENT AND OATH OF OFFICE OF PARKS AND RECREATION
COMMISSION MEMBERS ANGELA FRAZIER, LOGAN DEIMLER,
GREGORY GATES
STAFF RECOMMENDATION:
Approve Resolution of Appointment.
TITLE OF RESOLUTION: 01-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING THREE MEMBERS TO THE PARKS
AND RECREATION COMMISSION
BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION
APPOINTING ANGELA FRAZIER, LOGAN DEIMLER, GREGORY GATES
lC.
TO THE PARKS AND RECREATION COMMISSION. MOTION PASSED 4-0-1
WITH MEHAFFEY ABSENT.
City Clerk Boyer administered the Oath of Office to the new Parks and Recreation
Commissioners.
APPOINTMENT AND OATH OF OFFICE OF FINANCE COMMISSION
MEMBERS ALEX TENNANT AND JIM HUGHES
STAFF RECOMMENDATION:
Approve Resolution of Appointment.
TITLE OF RESOLUTION: 01-072
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING TWO MEMBERS TO THE
FINANCE COMMISSION
BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING ALEX
TENNANT AND JIM HUGHES TO THE FINANCE COMMISSION. MOTION
ID.
PASSED 4-01 WITH MEHAFFEY ABSENT.
City Clerk Boyer administered the Oath of Office to the new Finance Commissioners.
PROCLAMATION - SUPPORTING FEDERAL FUNDING FOR CLEANUP OF
MOUNT UMUNHUM
STAFF RECOMMENDATION:
Read proclamation.
Vice Mayor Streit read the proclamation and directed the City Clerk to forward the
proclamation to the appropriate party.
City Council minutes 3 October 17, 2001
lB.
lC.
APPOINTMENT AND OATH OF OFFICE OF PARKS AND RECREATION
COMMISSION MEMBERS ANGELA FRAZIER, LOGAN DEIMLER,
GREGORY GATES
STAFF RECOMMENDATION:
Approve Resolution of Appointment.
TITLE OF RESOLUTION: 01-071
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING THREE MEMBERS TO THE PARKS
AND RECREATION COMMISSION
BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION
APPOINTING ANGELA FRAZIER, LOGAN DEIMLER, GREGORY GATES
TO THE PARKS AND RECREATION COMMISSION. MOTION PASSED 4-0-1
WITH MEHAFFEY ABSENT.
City Clerk Boyer administered the Oath of Office to the new Parks and Recreation
Commissioners.
APPOINTMENT AND OATH OF OFFICE OF FINANCE COMMISSION
MEMBERS ALEX TENNANT AND JIM HUGHES
STAFF RECOMMENDATION:
Approve Resolution of Appointment.
TITLE OF RESOLUTION: 01-072
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING TWO MEMBERS TO THE
FINANCE COMMISSION
BAKER/BOGOSIAN MOVED TO ADOPT RESOLUTION APPOINTING ALEX
TENNANT AND JIM HUGHES TO THE FINANCE COMMISSION. MOTION
ID.
PASSED 4-01 WITH MEHAFFEY ABSENT.
City Clerk Boyer administered the Oath of Office to the new Finance Commissioners.
PROCLAMATION - SUPPORTING FEDERAL FUNDING FOR CLEANUP OF
MOUNT UMUNHUM
STAFF RECOMMENDATION:
Read proclamation.
Vice Mayor Streit read the proclamation and directed the City Clerk to forward the
proclamation to the appropriate party.
City Council minutes 3 October 17, 2001
Councilmember Bogosian noted that recently he had an opportunity to join a group of
people on a tour of Mt. Umunhum. Councilmember Bogosian noted that the sight
needs a major clean-up and sighted several examples.
CONSENT CALENDAR
2A. REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Approve check register.
BOGOSIAN/BAKER MOVED TO APPROVE THE CHECK REGISTER.
MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT.
2B. REVIEW PLANNING COMMISSION ACTION MINUTES-REGULAR
MEETING - OCTOBER 10, 2001
STAFF RECOMMENDATION:
Note and file.
BOGOSIAN/BAKER MOVED TO NOTE AND FILE PLANNING ACTION
MINUTES. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT.
2C. CLAIM OF LING, LAVINA; CLAIM NO. GL-052984
STAFF RECOMMENDATION:
Authorize settlement.
BOGOSIAN/BAKER MOVED TO AUTHORIZE SETTLEMENT. MOTION
PASSED 4-0-1 WITH MEHAFFEY ABSENT.
2D. CLAIM OF FITZSIMMONS, ANN AND KATHLEEN; CLAIM NO. GL-052777
STAFF RECOMMENDATION:
Reject claim.
Councilmember Baker requested that Item 2D be removed from the Consent Calendar.
Councilmember Baker questioned if there was any new information of the follow up
documentation the City was trying to find. Councilmember Baker noted that he is
uncomfortable denying this claim with the information he has been provided.
City Attorney Taylor explained that ABAG has indicated that given the facts, as stated
by the claimant, and based on the City's review of the their files, ABAG is
recommending denial of the Claim.
BOGOSIAN/WALTONSMITH MOVED TO DENY THE CLAIM OF
FITZSIMMONS, ANN AND KATHLEEN; CLAIM NO. GL-052777. MOTION
PASSED 3-1-1 WITH BAKER OPPOSING AND MEHAFFEY ABSENT.
City Council minutes 4 October 17, 2001
2E. DAIS CHAIRS IN SARATOGA CIVIC THEATER
STAFF RECOMMENDATION:
Adopt resolution.
TITLE OF RESOLUTION: 01-073
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
APPROPRIATION OF FUNDS IN THE AMOUNT OF $9,967.81 FOR
COUNCIL DAIS CHAIRS
Councilmember Waltonsmith removed Item 2E from the Consent Calendar and
questioned how the decision was made to purchase these particular chairs.
City Clerk Boyer responded that the chairs were purchase according to the comments
Council communicated.
WALTONSMITH/BOGOSIAN MOVED TO ADOPT RESOLUTION
APPROPRIATING FUNDS IN THE AMOUNT OF $9,967.81. MOTION PASSED
4-0-1 WITH MEHAFFEY ABSENT.
PUBLIC HEARING
CAPITAL IMPROVEMENT PROGRAM AND ENVIRONMENTAL IMPACT
ASSESSMENT
STAFF RECOMMENDATION:
Open public heatings for CIP and Environmental Impact Assessment; close public
hearing; accept report; direct staff accordingly on C1P; adopt Environmental Impact
Assessment.
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained that on October 1, 2001, the Finance Commission
reviewed the CIP and was satisfied with the plan, however the commission could not
vote on the CIP because lack of quorum. On October 10, 2001, the Planning
Commission reviewed the CIP for consistency with the General Plan. Subsequently the
Planning Commission adopted a resolution approving the finding of consistency.
Director Cherbone noted that an Environmental Impact Assessment and the
Environmental Checklist Form for the 2001-2006 Capital Improvement Plan has been
provided to Council, which lists the environmental category under which each project
is expected to fall.
Director Cherbone reported that at the Study Session in June and at the meeting in
August, there are 38 proposed CIP projects that total $13,086,350. Currently Council
has identified 26 projects, which are proposed to receive full or partial funding for a
total of $8,573,350.
City Council minutes 5 October 17, 2001
Director Cherbone briefly explained the funding source for the various projects and
noted that there is a $758,350 deficit in the Park Development Fund, and provided four
options to Council on how to balance the deficit in the Park Development Fund:
1. Defer some desired projects until the Park Development Fund reserves are full
project funding.
2. Supplement Park Development Fund shortfall with the General Fund
unobligated fund balance.
3. Allow Park Development Fund to borrow shortfall from General Fund and
repay over time (up to five years).
4. Partially fund some of the projects with park Development Funds until
additional fund balance is attained.
Director Cherbone explained the next steps in the five-year CIP as follows:
· November 7, 2001
1. Adoption of Resolution amending the FY 2001-2002 Budget
2. Adoption of Resolution approving a Five-Year Capital
Improvements
Councilmember Baker asked what changes were made other than improvements at E1
Quito Park.
Director Cherbone responded that other than the improvements at E1 Quito Park the
only other change was the seed money set aside for the medians on Prospect Road and
staff was directed to bring back an amount for Phase II of the Heritage Orchard Project
for an educational facility. This is just in the funding notes, no money has been
allocated for this.
Councilmember Baker asked if the proposed CIP was available to the public.
Director Cherbone noted that the proposed CIP was on the internet and copies were
made available at all main reception areas at City Hall.
Councilmember Baker asked which option the City Manager would recommend.
City Manager Anderson responded that given the circumstances of the unknown
economic conditions he would urge to opt for prudence. Furthermore, City Manager
Anderson pointed out that if Council chooses Option 3 the Park Development Fund
would repay the General Fund in approximately 5-7 years.
Councilmember Waltonsmith asked what the standard amount of money that the City
receives per year from Park Development Fees.
Director Cherbone responded that the City receives approximately $100,000 - $150,000
per year, but in recent years the amount has been more.
Vice Mayor Streit noted that if you look at the items in the Park Development Fund
there is a sufficient amount of money to fund everything in the first fiscal year and
every project except the actual construction of Azule Park.
City Council minutes 6 October 17, 2001
Councilmember Baker stated that he wants Azule Park completed by the time he is out
of office even if the City has to defer other projects.
Councilmember Bogosian and Councilmember Waltonsmith both shared the opinion
that Azule Park has waited too long to be developed and needs to be funded.
Vice Mayor Streit opened the public heating at 7:40 p.m. and invited any public
comments; seeing none Vice Mayor Streit closed the public hearing at 7:41 p.m.
Consensus of the City Council to direct staff to proceed with Option 2- Supplement
Park Development Fund shortfall with the General Fund unobligated fund balance.
BAKER/BOGOSIAN MOVED TO ADOPT ENVIRONMENTAL IMPACT
ASSESSMENT. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT.
OLD BUSINESS
REQUEST FOR RECONSIDERATION OF THE CITY COUNCIL ACTION
REFERRING DR-01-007 & BSE-01-011 (397-17-034) - CHEN, 19751
VERSAILLES WAY BACK TO THE PLANNING COMMISSION
STAFF RECOMMENDATION
Consider request for reconsideration and adopt resolution.
Tom Sullivan, Community Development Director, presented staff report.
Director Sullivan noted that the developer of the 19752 Versailles Way project has
requested reconsideration of the City Council's action to refer the project back to the
Planning Conunission. Director Sullivan explained that since the last meeting the
developer has obtained consensus to have the front yard setback at 55 ft.
Director Sullivan explained that tonight the City Council would have to decide whether
or not to reconsider the issue and open it back up for discussion.
BOGOSIAN/STREIT MOVED TO PROCEED WITH RECONSIDERATION.
MOTION DENIED 2-2-1 WITH BAKER AND WALTONSMITH OPPOSED AND
MEHAFFEY ABSENT.
AUTHORIZE EXPENDITURES FOR UTILITY CONNECTIONS TO
LIBRARY BUILDINGS
STAFF RECOMMENDATION:
Authorize City Manager to execute agreement with PG&E and pay engineering deposit
to San Jose Water.
Dave Anderson, City Manager, presented staff report.
City Manager Anderson explained that there are a number of utilities to be connected in
order for service to be provided in the Temporary Library. Staff is requesting
authorization to pay PG&E the balance of funds required for both installing and
City Council minutes 7 October 17, 2001
removing the temporary service equipment from the site. The service agreement covers
the use of this equipment to meet temporary needs. Also San Jose Water is requesting
an engineering deposit in order to begin their work related to the expansion and
renovation of the Saratoga Library.
BAKEPJBOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO
SIGN A SERVICE AGREEMENT WITH PG&E AND ISSUE A CHECK FOR
$17,582.14 TO THEM FOR ENGINEERING AND CONSTRUCTION
SERVICES RELATED TO ELECTRICAL SERVICE AT THE TEMPORARY
LIBRARY. MOTION PASSED 4-1 WITH MEHAFFEY ABSENT.
BAKER/BOGOSIAN MOVED TO AUTHORIZE THE CITY MANAGER TO
PAY AN ENGINEERING DEPOSIT OF $10,000.00 TO SAN JOSE WATER
FOR SERVICES RELATED TO DISCONNECTING AND RE-ESTABLISHING
WATER SERVICE TO THE EXPANDED SARATOGA LIBRARY. MOTION
PASSED 4-1 WITH MEHAFFEY ABSENT.
6. CONGRESS SPRINGS PARK DONATION UPDATE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
TITLE OF RESOLUTION: 01-074
RESOLUTION OF THE CITY COUNCIL AMENDING THE 2001-2002
BUDGET FOR AN APPROPRIATION OF $120,500 CONSTRUCTION
SERVICES AT CONGRESS SPRINGS PARK
John Cherbone, Public Works Director, presented staff report.
Director Cherbone explained that to date the Saratoga Youth Fund has received a total
of $126,900 and an additional $31,000 in committed funds. Director Cherbone
explained the breakdown of donations as follows:
Donations Received
1. Pony Field Improvements
2. 6 pairs of Soccer Goals
3. General park Fund
4. 2 Flag Poles
5. 1 Bench
6. 1 Bollard
7. 2 Electrical Outlets
8. 1 permanent AA Backstop
9. 3 Outfield Portable Fences
10. Saratoga Sheds/Containers
11. 3 Scoreboards
12. Bases & Equipment
$60,000
$12,000
$6,000
$6,000
$1,500
$300
$3,000
$7,500
$6,000
$2,500
$9,5001
$7,500
City Council minutes 8 October 17, 2001
12. Bases & Equipment $7,500
13. 128 paving Stones $6,400
14. General park Fund $1~700
Total $126,900
Committed Donations
15. 6 Covered Dugouts $12,000
16. Other Baseball Amenities $12,000
17. 1 Scoreboard $7,000
Total $31,000
Director Cherbone explained that staff is recommending Council authorize an increase
to the existing contract with Perma-Green Hydroseeding, Inc. in the amount of $40,000
for above items 3-8, 11,12 & 14. In addition, Director Cherbone continued that
Council approve the purchase of items 2,9, & 10 in the amount of $20,500. Item 1,
Pony Field Improvements, was approved by Council at the October 3 City Council
meeting and Item 13, Paving Stones, will be agendized for consideration at a future
meeting along with the Committed Donations once they have been received by the
City.
Director Cherbone explained that Saratoga Little League has made a proposal to the
City that if it loans $90,000 to the Saratoga Youth Sports Fund, they would repay the
City back over three years. If Council approves this proposal, staff would bring a
formal contract between the City and Little League regarding this issue.
Councilmember Baker asked the City Attorney if the City could lend public funds to a
private organization.
City Attorney responded that it would be for public improvements and a contract ~vould
obligate them to use the funds appropriately.
Keith Simon, President Saratoga Little League/Board Member to Pony League, 20450
Montalvo Lane, explained that Pony League and Little League have donated
$210,000.00 to this project.
BAKEPdWALTONSMITH MOVED TO ADOPT RESOLUTION AMENDING
THE BUDGET. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT.
BAKERJWALTONSMITH MOVED TO AMEND THE CONTRACT WITH
PERMA-GREEN HYDROSEEDING, INC. MOTION PASSED 4-0-1 WITH
MEHAFFEY ABSENT.
BAKER/WALTONSMITH MOVED TO PURCHASE AMENITIES FOR
$20,500.00. MOTION PASSED 4-1-1 WITH STREIT OPPOSING AND
MEHAFFEY ABSENT.
Consensus of the City Council to direct City Attorney to prepare a contract for the loan
and return for approval at the next meeting.
City Council minutes 9 October 17, 2001
REQUEST FOR RECONSIDERATION OF THE CITY COUNCIL ACTION
REFERRING DR-01-007 & BSE-01-011 (397-17-034) - CHEN, 19751
VERSAILLES WAY BACK TO THE PLANNING COMMISSION
Vice Mayor Streit indicated that the City Attorney has informed him the Council needs
to go back to Item 4. Vice Mayor Streit explained that since the item was on the
agenda the Council is required to hear public comments.
Councilmember Baker asked the City Attorney if the Council has to set aside their vote
that was previously taken and listen to input fi:om the public and then vote again.
Attorney Taylor explained that Council would need to hear fi:om the public and then
reconsider the motion to reconsider the issue.
Mary Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, noted
that at the last meeting because the neighbors could not agree on the proper setback
Council decided to ssend the project back to the Planning Commission. Mrs. Doble
noted that a few days ago she and her husband met with every neighbor and everyone
agreed on a 55 ft. setback. Mrs. Doble noted that the asked each neighbor to sign a
declaration stating they agreed to the setback. Mrs. Doble noted that prior to picking
up the declarations fi:om the neighbors, she received a phone call fi:om Mrs. Joan Fox
indicating that the neighbors have changed their minds and were having a meeting on
Saturday and they were not invited. Mrs. Doble explained that Mrs. Fox told her that
the neighbors were going to discuss the set back. Unfortunately as a result of this
meeting the neighborhood had at Mrs. Fox's house other issues including the height
and style were now a problem. Mrs. Doble noted that Mrs. Fox said the entire
neighborhood was against this project. Mrs. Doble requested that the Council allow this
project to go forward.
Mr. Chen/Applicant. Mr. Moore noted that Mr. Chen has done everything possible to
please his neighbors. Mr. Moore noted that his client is confused on what mandates his
project to go back to the Planning Commission.
Paul Doble, Doble & Sons Custom Homes Inc., 1233 Quarry Lane, Pleasanton, noted
that he has tried to explain to the neighbors that the only issue up for discussion was the
positioning of the house. Mr. Doble requested that the Council cannot hear this project
until December, which will hold up all of his subcontractors.
Attorney Taylor noted that an appeal can be filed on one particular basis but under the
City's code once the Council hears an appeal it is called a denuvo hearing which means
the Council is free to consider any other issues they want regardless of the specific
issues on which the appeal was filed.
In regards to what action the Council may take tonight, Attorney Taylor explained that
since the Council acted and closed the item earlier this evening, we have do not know if
there were other individuals who wanted to participate in the discussion.
Attomey Taylor stated that for due process reasons the City Council cannot take a final
action on the matter tonight.
City Council minutes 10 October 17, 2001
Attorney Taylor explained that the most the City Council could do tonight is either
do nothing this evening in which it would go back to the Planning Commission or vote
to reconsider the appeal at the next Council meeting and at that time Council could
make a final decision.
Mr. Doble requested that the City Council hear and consider it at the next meeting.
Director Sullivan and Planner Knapp would have the opportunity to meet with the four
homeowners. Mr. Doble noted that if the Council sends this it back to Plarming
another neighbor might appeal it and the project would be held up even longer.
BOGOSIAN/BAKER MOVED TO PLACE DR-01-007 & BSE-01-011 (397-17-034)
- CHEN, 19751 VERSAILLES ON THE AGENDA FOR THE MEETING OF
NOVEMBER 7, 2001. MOTION PASSED 4-0 WITH MEHAFFEY ABSENT.
Councilmember Bogosian requested that if Director Sullivan meets with the
neighborhood to please invite everyone who owns property on this street to the meeting
on November 7, 2001. Councilmember Bogosian noted his only interest is focusing on
the setback; he supports the setback at 55fi.
Consensus of the City Council to reopen Oral Communications.
Rich Schmieder, 19525 Three Oaks Way, stated that he has never been noticed regarding the
ongoing construction project on the Ferrari residence. Mr. Schmeider described a few of the
problems with this site including excessive noise and garbage and several occasions where his
property was flooded by their pool. Mr. Schmieder noted that he visited the Building
Department to complain about various issues. Mr. Schrnieder asked if the City has time limits to
complete a project. Mr. Schmieder requested that the City Council investigate his concerns.
Consensus of the City Council to direct staffto do a follow up report concerning Mr.
Schmieder's complaints.
NEW BUSINESS
ORDINANCE ENABLING CITY MANAGER AND CITY ATTORNEY TO
PROCESS CLAIMS FILED AGAINST THE CITY
STAFF RECOMMENDATION:
Introduce and waive first reading of ordinance.
Richard Taylor, City Attorney, presented staff report.
Attorney Taylor explained that State law and Saratoga City Code require that the City
be given the opportunity to review a claim against the City before the claimant pursues
that matter in Superior Court. Currently, all such claims are heard by the City Council.
Government Code allows the City Council to delegate to City staff claim review and
payment authority for claims under $50,000.
City Council minutes 11 October 17, 2001
Attorney Taylor noted that because many claims are small and do not raise major
policy issues, staff recommends that the City Manager be authorized to process minor
claims with the concurrence of the City Attorney. This would speed processing of
claims and reduce the administrative burden to applicants and to the City Attorney.
Attorney Taylor noted that the attached ordinance would authorize the City Manager to
accept, settle, or reject claims against the City of $3,000 or less with the concurrence of
the City Attorney. Staff would retain the discretion to seek Council review for claims
that are less than $3,000 and would be required to seek Council review for claims that
are less than $3,000. The intent of this ordinance is to streamline the process.
Councilmember Bogosian noted he likes the opportunity to review the claims that are
filed against the City and does not support this ordinance.
Councilmember Baker noted that the citizens of the City of Saratoga do not elect the
Manager and the Attorney. Councilmember Baker noted that the City does not receive
many claims and it is his responsibility as an elected official to review them. If
circumstances change and the Council becomes overwhelmed with claims
Councilmember Baker noted he might change his mind.
Vice Mayor Streit concurred with his colleagues.
Consensus of the City Council to oppose the proposed ordinance and continue
reviewing every claim that is filed against the City of Saratoga
LEGAL REVIEW OF PERSONNEL RULES AND POLICIES
STAFF RECOMMENDATION:
Authorize City Manager to execute agreement with Liebert Cassidy Whitmore.
TITLE OF RESOLUTION: 01-082
RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE
APPROPRIATION OF $14,100 FOR A REVIEW OF PERSONNEL RULES
AND REGULATIONS AND DEVELOPMENT OF NEW POLICES
Dave Anderson, City Manager, presented staff report.
City Manager Anderson reported that after an analysis of the City's rules, polices,
memorandums of understandings and letters of agreement reveal a need for a
comprehensible legal review of personnel related documents. The City's rules have not
been substantially reviewed since 1987. The City's administrative polices have not
been revised since 1993. The City's roles and polices are not only critical to efficient
and economical provisions of service to the public, but insure fair treatment for those
who compete for employment and promotion. The rules define the obligation, rights,
privileges and prohibition that are placed upon the City employees.
City Council minutes 12 October 17, 2001
City Manager Anderson noted that while the Human Resource Analyst has been
drafting revisions to the City's polices over the last two years, a meeting with attorney
Richard C. Bolanos of Liebert, Cassidy, & Whitmore confirmed the need for an
immediate comprehensible review of not only polices, but also City's rules and other
documents defining the City's personnel system.
Liebert Cassidy and Whitmore submitted an estimate not to exceed $14,000 for a
review of personnel rules and regulations and development of updated polices.
Conncilmember BOGOSIAN asked why we have to hire a consultant to do this when
perhaps we could copy another cities and go through the document and apply it to the
City of Saratqga needs.
Attorney Taylor noted that although Attorney Wittwer, who handles most of the City's
personnel issues, has adequate knowledge of personnel regulations Liebert, Cassidy,
Whitmore has the legal expertise.
BAKER/WALTONSMITH MOVED TO AUTHORIZE EXECUTION OF
AGREEMENT WITH LIEBERT, CASSIDY, WHITMORE AND ADOPT
RESOLUTION APPROPRIATING FO $14,100. MOTION PASSED 4-0-1 WITH
MEHAFFEY ABSENT.
CONSIDER REQUESTS TO JOIN FRIENDS OF THE COURT BRIEFS IN
LOWENSTEIN V. CITY OF LAFAYETTE
STAFF RECOMMENDATION:
Approve requests to join amicus briefs.
Richard Taylor, City Attorney, presented staff report.
Attorney Taylor explained that the City's support is currently being sought in
Loewenstein v. City of Lafayette, a case of possible concern to the City. The case
arises out of the City of Lafayette's denial of a lot line adjustment. The City is
appealing the Superior Court's decisions (1) the denial of the lot line adjustment
constituted a taking even though the property owner had not submitted even one
development application for the development parcel involved in the lot line adjustment
and (2) the city must compensate the property owner for the two year delay in
developing the property due to the denial and subsequent litigation.
Attorney Taylor noted that the attached letter form the City of Lafayette describes what
the amicus brief will argue (1) the takings claim should not have been considered
because the landowner had not received a final decision from the City of the
permissible uses of the undeveloped parcel (2) there can no taking where the regulatory
delay is due to a City's good faith error of law (3) a good faith two year delay in the
development process does not have an unduly severe economic impact or interfere with
reasonable investment expectations.
City Council minutes 13 October 17, 2001
BOGOSIAN/BAKER MOVED TO APPROVE REQUEST TO JOIN AMICUS
BRIEF. MOTION PASSED 4-0-1 WITH MEHAFFEY ABSENT.
AGENCY ASSIGNMENT REPORTS
Councilmember Waltonsmith reported the following information: · Chamber of Commerce - Celebrate Saratoga was a success and had a tremendous crowd.
· SASCC - facing financial hardships.
· VTA - requested a list of CNG fueling stations in the Bay Area.
Councilmember BOGOSIAN reported the following information:
· Library JPA - after the City Manager contacted the County Library, they have agreed to
wait until after the bid opening for Phase II of the Library Project before they spend the
$300,000.
Councilmember Baker reported the following information:
· KSAR - establishing personnel rules, improving programs and bringing in new ideas to
the table. Councilmember Baker noted that he was impressed with the new staff.
· Emergency Planning Council - discussed the urgency to standardize and equip all of the
cities in Santa Clara County with updated emergency procedures to provide for proper
response in cause of any terrorist activities.
Vice Mayor Streit reported the following information: · Hakone Board of Directors - appointed new Board Members.
· West Valley Solid Waste JPA - continued negotiations for rene~val of recycling contract
CITY COUNCIL ITEMS
Councilmember Bogosian referred to a letter he received from Peter Wang and requested that it
be forwarded to Council Library personnel.
Councilmember Bogosian requested a debriefing of Celebrate Saratoga including overtime City
staff worked, injuries, and the breakdown of money collected from food and alcohol.
Councilmember Waltonsmith noted that she supports Councilmember Bogosian's request.
Councilmember Baker requested that staff provide Council with all Commission/Committee
procedures and polices.
Councilmember Waltonsmith noted that she recently was invited to speak at the Greenbrier
Homeowner's Association meeting. Councilmember Waltonsmith described some of the
neighbors concerns:
· Trees located near Cox/Highway 85 are dying.
· Construction trucks are still going down Seagull Way
City Council minutes 14 October 17, 2001
OTHER
None
CITY MANAGER'S REPORT
City Manager Anderson noted that staff has learned that there would not be a quorum for the
meeting of November 21, 2001.
Attorney Taylor noted that tomorrow Ann Sullivan, SecretaW to the City Manager, would be
distributing to Council two correspondences. The First is a memo from the Tobacco Legal
Assistance Committee, which summarizes the law in the aftermath of the Supreme Court ruling
from last spring in the Loralard v. Massachusetts Tobacco case. The City joined the amicus brief
and should have this information
Attorney Taylor noted that the second correspondence is a two-page memo from the State Water
Resources Control Board describing their effort to come up with state regulations on septic
systems. Attorney Taylor noted that staff would be monitoring their progress.
ADJOURNMENT
Vice Mayor Streit adjourned the meeting at 9:30 p.m.
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City Council minutes 15 October 17, 2001