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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. Rr~'s~ e c t.~JJ~_ sub mit t ed~-~ · &thle kho :~Cit -~'der~ ~ City Council minutes 15 October 17, 2001