HomeMy WebLinkAbout01-03-2001 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
January 3, 2001
The City Council of the City of Saratoga. met in Closed Session, Administrative
Conference Room, 13777 Fruitvale Avenue at 5:45 p.m.
Liability Claims
Claimant: Ron Luketich - Claim #95110020 & 96110014
Agency Claimed Against: City of Saratoga
(Gov't Code Sec. 54956.95)
Conference With Legal Counsel - Existing Litigation
(Government Code section 54956.9(a)):
Name of case: City of Saratoga v. Hinz (Santa Clara County Superior Court Doc.
No. CV-784560)
Name of case: B&N Development LLC v. City of Saratoga (Santa Clara County
Superior Court Doc. No. CV785117)
Conference With Legal Counsel - Initiation of Litigation
(Government Code section 54956.9(c)): (1 case)
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.
MAYOR'S REPORT ON CLOSED SESSION - 7:05 p.m.
Mayor Mehaffey reported there was Council discussion but no action was taken.
Mayor Mehaffey called the Regular City Council meeting to order at 7:06 p.m. and
requested Councilmember Bogosian to lead the Pledge of Allegiance.
ROLL CALL
PRESENT:
Evan Baker, Stan Bogosian, Nick Streit,
Ann Waltonsmith, Mayor John Mehaffey
ABSENT: None
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
City Council Minutes
January 3, 2001
James Walgren, Director of Community Development
Paula Reeve, Administrative Analyst
Cary Bloomquist, Administrative Analyst
REPORT OF CITY CLERK ON POSTING OF AGENDA FOR JANUARY 3,
2001.
Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2,
the agenda for the meeting of January 3, 2001 was properly posted on
December 29, 2000.
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. COMMENDATION FOR RON ADOLPHSON, FRIENDS OF THE
WARNER HUTTON HOUSE
STAFF RECOMMENDATION:
Present commendation.
Mayor Mehaffey presented a commendation to Ron Adolphson.
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:
DECEMBER 12, 2000 - ADJOURNED MEETING
STAFF RECOMMENDATION:
Approve submitted minutes.
Councilmember Baker pulled Item 2A from the Consent Calendar.
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City Council Minutes January 3, 2001
Councilmember Baker requested that Liz Kniss be identified as the Santa Clara
County Board Supervisor/Elect instead of Mayor of Palo Alto.
Mayor Mehaffey noted a few spelling errors and would forward his corrections
to the City Clerk.
WALTONSMITH/BAKER MOVED TO APPROVE MINUTES OF
DECEMBER 12, 2000 CITY COUNCIL MINUTES AS AMENDED.
2B.
2C.
2D.
2E.
MOTION PASSED 5-0.
REVIEW OF CHECK REGISTER
STAFF RECOMMENDATION:
Note and file.
STREIT/BAKER MOVED TO NOTE AND FILE CHECK REGISTER.
MOTION PASSED 5-0.
NOVEMBER FINANCIAL STATEMENTS
STAFF RECOMMENDATION:
Note and file.
STREIT/BAKER MOVED TO NOTE AND FILE NOVEMBER
FINANCIAL STATEMENT. MOTION PASSED 5-0.
REVIEW OF PLANNING COMMISSION ACTION MINUTES
STAFF RECOMMENDATION:
Note and file.
STREIT/BAKER MOVED TO NOTE AND FILE PLANNING ACTION
MINUTES. MOTION PASSED 5-0.
APPROVE RESOLUTION DENYING APPEAL OF PLANNING
COMMISSION APPROVAL OF TENTATIVE MAP FOR
SUBDIVISION AT 20251 SARATOGA-LOS GATOS ROAD
STAFF RECOMMENDATION:
Adopt resolution.
TITLE OF RESOLUTION: 01-001
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA DENYING APPEAL OF PLANNING COMMISSION
APPROVAL OF TENTATIVE MAP FOR SUBDIVISION AT 20251
SARATOGA-LOS GATOS ROAD
Mayor Mehaffey noted that he spoke to Mrs. Helen Lee (appellant) over the
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City Council Minutes
holiday weekend.
January 3, 2001
Mayor Mehaffey reassured Mrs. Lee that Howell & McNeil would follow all
of the conditions of approval that the City Council voted on at the last City
Council meeting.
MEHAFFEY/STREIT MOVED TO ADOPT RESOLUTION DENYING
APPEAL OF PLANNING COMMISSION APPROVAL OF
TENTATIVE MAP FOR SUBDIVISION AT 20251 SARATOGA-LOS
GATOS ROAD. MOTION PASSED 4-1 WITH BAKER OPPOSING.
2F.
APPROVE RESOLUTION CONFIRMING COUNCIL AGENCY AND
COMMISSION LIAISON APPOINTMENTS
STAFF RECOMMENDATION:
Adopt resolution.
TITLE OF RESOLUTION: 01-002
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA APPOINTING COUNCIL REPRESENTATIVES TO
COMMITTEES AND AGENCIES
Councilmember Bogosian pulled Item 2F from the Consent Calendar.
Councilmember Bogosian noted that the Silicon Valley Animal Control JPA
was not included in the resolution and requested that he be the representative.
Mayor Mehaffey directed staff to amend the resolution to include the Silicon
Valley Animal Control JPA and appointed Councilmember Bogosian to be the
representative.
BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION
APPOINTING COUNCIL REPRESENTATIVES TO COMMITTEES
2F.
AND AGENCIES. MOTION PASSED 5-0.
APPROVE RESOLUTION SUPPORTING SARATOGA HIGH
SCHOOL'S PERFORMING ARTS BUILDING PROJECT
STAFF RECOMMENDATION:
Adopt resolution.
TITLE OF RESOLUTION: 01-003
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA SUPPORTING SARATOGA HIGH
SCHOOLS' CONCEPTUALIZATION OF THE
PERFORMING ARTS AND LECTURE CENTER
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City Council Minutes
Dave Schirtzinger representing the Saratoga High School and
the Saratoga High School Foundation explained that the High
School was built in 1958 with the intention of building a
Performing Arts Center but unfortunately was never
constructed. Mr. Schirtzinger explained that $3.1 million
dollars has been allocated from Measure B towards the
construction of the new building. To date the Foundation has
raised an additional $1 million. Mr. Schirtzinger noted that
$3.4 million dollars is still needed by June 2001.
January 3, 2001
BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION
SUPPORTING SARATOGA HIGH SCHOOLS'
CONCEPTUALIZATION OF THE PERFORMING ARTS AND
LECTURE CENTER. MOTION PASSED 5-0.
OLD BUSINESS
UPDATE STATUS REPORT - SARATOGA PLAYFIELDS
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Cary Bloomquist, Administrative Analyst, presented staff report.
Analyst Bloomquist noted that on August 2, 2000, Staff presented to Council
an information report on playfield usage in Saratoga and the need for
additional "flat grass" areas for practice and game fields for A.Y.S.O. soccer
and Saratoga Little League. Several leads for additional playfields were
investigated by Staff and presented to Council at the August 2 meeting, with
staff indicating a need to follow-up on these leads and report back to Council
at a lateR date.
Analyst Bloomquist noted that C.Y.S.A. soccer and Pony League baseball
have notified Council regarding their needs for practice and game fields.
Analyst Bloomquist explained the list of venues explored by Staff and the
status of their availability:
1. Saratoga High School
· Possible agreement to construct a Pony League baseball
field.
· Possible use of fields for games by A.Y.S.O. next
season.
2. City of Campbell
· Possible availability of facilities.
3. LDS Church
· Increased usage agreement for 2001 season, contingent
upon the City of Saratoga entering into a field
maintenance agreement.
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City Council Minutes January 3, 2001
Analyst Bloomquist noted several recent leads on additional playfield that did
not materialize.
Councilmember Baker requested an explanation on Prospect High School's
need for financial assistance for a new gymnasium.
Analyst Bloomquist explained that the principal at Prospect High School
would like to expand/remodel their current gynmasium and is looking for
financial assistance.
Analyst Bloomquist noted that the City of Saratoga offered financial assistance
expecting the use of their playfields in return, this assistance was turned down.
Official at the High School claim their fields were currently being used in full
capacity.
Mayor Mehaffey thanked Analyst Bloomquist for the report.
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UPDATE STATUS REPORT - SEPTIC ABATEMENT
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
James Walgren, Director of Community Development, presented staff report.
Director Walgren explained that the City initiated the Septic Abatement
program last year by collecting from the two sanitation districts lists of all
properties that were thought to be subject to its requirements. Of the 585
properties identified by the districts, staff was able to remove many that were
either undeveloped parcels or properties that had connected to sanitary sewer
but were just not in the districts' records. Staff then sent a notice to each of the
remaining property owners notifying them of their responsibility. The notice
gave them six months to comply with the program. The deadline for
compliance was August 31, 2000.
Director Walgren noted to date the following breakdown of the status of the
585 properties:
Connected to Sanitary Sewer 216
Vacant parcel 77
Exempt-No Right-of-Way 17
Exempt-Inadequate Grade 15
Exempt-Greater than 200 Ft. 3
Received Extension 36
No response-Noncompliance 221
Director Walgren explained the septic abatement ordinance requires that a lien
in the form of a Notice of Noncompliance be recorded on noncompliant
properties putting title companies, lenders, and future owners on notice that a
sanitary sewer connection must be made before the property can be improved
in any manner requiring a City permit, sold or used for equity financing.
City Council Minutes
A discussion took place on connection exemptions.
January3,2001
Director Walgren noted that staff is recommending mailing one final notice to
each of these homeowners allowing them an additional 45 days to respond
before initiating the property liens.
Fred C. Zillmer, PO Box 814, Saratoga, CA., expressed strong opposition to
the Septic Abatement Ordinance and noted the only notice he ever received
was in February 2000 when the City Council adopted the ordinance.
Councilmember Baker explained to Mr. Zillmer that this subject has been on
the cover of the Saratoga News on two separate occasions and has been on the
Council agenda many times over the last two years.
Councilmember Baker opposes an additional 45-day notice to the 221
noncompliant property owners, and supports initiation of the lien process.
Councilmember Baker requested more information on the 10 properties that
abut the creek.
Councilmember Waltonsmith suggested that the City offer partial/full financial
assistance to the properties exempt due to inadequate grade and concurred with
Councilmember Baker regarding additional information on the 10 properties
that abut the creek.
Councilmember Bogosian supports an additional 45-days notice to the
221 noncompliant property owners and concurred with Councilmember Baker
regarding additional information on the 10 properties that abut the creek.
Councilmember Waltonsmith concurred with Councilmember Bogosian and
supports an additional 45-days notice to the 221 noncompliant property
owners.
Councilmember Streit concurred with his colleagues with an additional
suggestion, that all notices be certified.
Mayor Mehaffey directed staff to initiate the process to mail the last notice to
the 221 noncompliant property owners giving them an additional 45 days to
respond and report back on the 10 properties that abut the creek.
Mayor Mehaffey thanked Director Walgren for the report.
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City Council Minutes January 3, 2001
PUBLIC HEARINGS
3. RESOLUTION ORDERING ABATEMENT OF A PUBLIC NUISANCE
BY REMOVAL OF HAZARDOUS WEEDS
STAFF RECOMMENDATION:
Adopt resolution.
TITLE OF RESOLUTION: 01-004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA ORDERING ABATEMENT OF A PUBLIC NUISANCE
BY REMOVAL OF HAZARDOUS WEEDS AND BRUSH
Cathleen Boyer, City Clerk, presented staff report.
City Clerk Boyer explained that this was the second step in the Saratoga's
weed abatement program administered by the County Fire Marshall's Office.
The County has sent owners of the parcels requiring weed abatement notices
informing them the weeds must be abated, either by the owners or by the
County. The notice also informed them that they may present objections at
tonight's public hearing.
City Clerk Boyer noted that Fire Marshall Marty Hicks was present tonight to
answer any questions the Council may have.
Marty Hicks, Fire Marshall's Office, explained that last year there were 210
properties on the list compared to 148 this year. Mr. Hicks explained that the
residents in Saratoga respond extremely well to the weed abatement program.
Councilmember Streit questioned how long the County waits before initiating
the work for the property owner.
Mr. Hicks responded that the property owners have 45 days to respond before
the County abates the weeds on April 1, 2001.
Mayor Mehaffey opened the Public Hearing at 7:50 p.m. and invited any
public input.
Mayor Mehaffey closed the Public hearing at 7:51 p.m.
WALTONSMITH/STREIT MOVED TO ADOPT RESOLUTION
ORDERING ABATEMENT OF A PUBLIC NUISANCE BY REMOVAL
OF HAZARDOUS WEEDS.
MOTION PASSED 5-0.
City Council Minutes
NEW BUSINESS
January 3, 2001
AUTHORIZATION TO CITY MANAGER TO EXECUTE
AMENDMENT TO CONTRACT WITH SANTA CLARA COUNTY
SHERIFF'S DEPARTMENT
STAFF RECOMMENDATION:
Authorize City Manager to execute contract.
Paula Reeve, Administrative Analyst, presented staff report.
Analyst Reeve explained the current Law Enforcement Contract with the
County of Santa Clara covers a five-year period from 1997-2002. The contract
terms require the Sheriff to develop an annual Plan projecting service levels for
Saratoga, which is mutually agreed upon by the Sheriff's Department and the
City.
Analyst Reeve reported in October 2000, the City modified its law
enforcement goals due to changing needs of the community. The City
approved increasing Supplemental patrol from 1,977 hours to the current 4,356
hours, providing two additional deputies to address traffic congestion issues
throughout Saratoga.
Analyst Reeve reported that the proposed FY 2000-2001 law enforcement cost
for Saratoga is $2,717,500, inclusive of the supplementary traffic patrol
services.
Councilmember Waltonsmith expressed interest in a monthly report from the
Sheriff's Department including priorities and issues that could affect the
changing needs of the City of Saratoga. She requests that the Sheriff's
Department work with the City to confirm that the definitions or content of
each of the cells in the matrix are appropriate for the City's overall information
needs.
Analyst Reeve responded that the Sheriff's Department report monthly to the
Public Safety Commission reporting the number of traffic accidents, tickets,
and any criminal activity.
Councilmember Bogosian requested an explanation of the report of the
deployment schedules of the Patrol Officers around the schools and Prides
Crossing.
Captain Miles, Sheriff's Department, responded that the report was broken
down into two types of traffic management; Neighborhood Traffic
Management and School Traffic Management. Captain Miles explained that
all the Patrol Officers have an a.m. and p.m. assignment and sometimes an
extra arterial route assignment. Captain Miles explained that an officer might
be at a school in the morning and later at an arterial route and then back at the
school for the p.m. pickup.
City Council Minutes January 3,2001
Councilmember Streit asked if the Sheriff's Department is using their
resources efficiently in the City of Saratoga.
Captain Miles responded that he has noticed that the new deployment
schedules have made an impact, but in order to gather sufficient statistics it
would take at least six (6) months to be certain that the deployment schedules
are having a significant impact in Saratoga.
Mayor Mehaffey requested Captain Miles return in six (6) months with a
follow up report.
Captain Miles reported that during the month of December, Chief Lori Smith
allotted 600 overtime hours at no cost to the contract cities to utilize "Avoid
the 13". Captain Miles reported that there were no fatal accidents or DUI
injury incidents around the West Valley cities. Captain Miles proudly reported
that the Santa Clara County Sheriff's Department had 119 DUI arrests during
the fifteen (15) day program, second highest only to the San Jose Police
Department, out of the four counties that participated in the program.
Councilmember Bogosian asked out of the 119 DUI arrests how many were in
or around Saratoga.
Captain Miles responded that there were 17 DUI arrests in Saratoga.
Captain Miles noted that on January 8, 2000, the Santa Clara County Sheriff's
Department would be participating, along with all the other surrounding law
enforcement agencies in the county, in a program called "School Zone
Crackdown". Captain Miles explained that law enforcement agencies would
be providing educational and enforcement activities at the local schools with
the hope to change or modify the behavior of the students, parents, joggers, etc.
Captain Miles notified the Council that due to the recent retirement of
Lieutenant Dennis Gregory, he was proud to introduce Lieutenant Ernie
Smedlund, a 23-year veteran of the Sheriff's Department who will now be
second in command in the West Valley division.
Mayor Mehaffey thanked Captain Miles for the report.
BAKER/STREIT MOVED TO AUTHORIZE THE CITY MANAGER TO
EXECUTE AMENDMENT TO CONTRACT WITH SANTA CLARA
COUNTY SItERIFF'S DEPARTMENT. MOTION PASSED 5-0.
BAKER/STREIT MOVED TO AUTHORIZE AN APPROPRIATION TO
INCREASE TI-IE POLICE SERVICES BUDGET BY $221,595.00.
MOTION PASSED 5-0.
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City Council Minutes January 3, 2001
7. POLICY FOR ELECTRONIC MAIL AND INTERNET USAGE
STAFF RECOMMENDATION:
Accept report and direct staff accordingly.
Mary Jo Walker, Director of Administrative Services, presented staff report.
Director Walker explained that with the increasing use of electronic mail
(email) and the intemet, the City developed a policy last year to communicate
to employees the City's intents and expectations regarding use of these
resources. The policy states that users are expected to conduct themselves in a
professional manner consistent with other forms of communication and that
these resources are for business related purposes.
Councilmember Bogosian suggested having one designated person in charge of
everyone's passwords.
Mayor Mehaffey disagreed with Councilmember Bogosian's suggestion, but
suggested having a policy that passwords must be changed on an annual basis.
Director Walker responded to Mayor Mehaffey explaining that the computer
automatically suggests to the user to change their password, but it is the users
decision.
Councilmember Waltonsmith suggested getting an opinion from the City
Attorney on the use of email.
Richard Taylor, City Attorney, explained that all city employee's and elected
official's email messages are public information. Mr. Taylor suggested
further, not sending confidential items via email.
Mayor Mehaffey directed staff to continue to use the current policy for
electronic mail and internet usage.
AUTHORIZATION TO CITY MANAGER TO EXECUTE CONTRACT
WITH AVERY & ASSOCIATES FOR THE RECRUITMENT OF
COMMUNITY DEVELOPMENT DIRECTOR
STAFF RECOMMENDATION:
Authorize City Manager to execute contract.
TITLE OF RESOLUTION: 01-005
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA MAKING ADJUSTMENTS TO THE FISCAL YEAR 2000-
2001 BUDGET
Dave Anderson, City Manager, presented staff report.
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City Council Minutes January 3,2001
Mr. Anderson reported that with the resignation of the Community
Development Director, effective January 5, 2001, the City of Saratoga must
recruit a new Community Development Director.
Mr. Anderson noted that the most expedient and thorough method of recruiting
for a Community Development Director was to use the services of an
executive search firm. The City solicited and received proposals from two
search firms: Hughes, Perry & Associates and Avery Associates.
Mr. Anderson explained that after assessing the two proposals, Avery
Associates' targeted lateral recruitment strategy was deemed most effective in
this very challenging labor market, and its consulting fee for conducting this
recruitment is $13,400.00 plus out-of-pocket expenditures not to exceed
$5000.00.
BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE THE CITY
MANAGER TO EXECUTE CONTRACT WITH AVERY &
ASSOCIATES FOR THE RECRUITMENT OF COMMUNITY
DEVELOPMENT DIRECTOR. MOTION PASSED 5-0.
CITY COUNCIL ITEMS
Councilmember Waltonsmith congratulated Director Walgren on the start of a new career
with the City of Los Altos.
Councilmember Waltonsmith requested that in the future the Parks and Recreation
Commission schedule ribbon-cutting ceremonies at City parks as a City function
overseen by the City Council.
Councilmember Streit noted he would bring up the request at the next Parks and
Recreation Commission on January 8, 2001.
Councilmember Baker questioned if the Chamber of Commerce responded to the letter
from a patron during the Village Open House in December.
Mr. Anderson noted he would follow up with Chamber of Commerce and report back to
the Council at a later date.
Councilmember Streit requested that next year more effort go into the making "The
Village" more festive for the holidays and suggested adding more lights to the street
trees.
Councilmember Streit applauded the staff on the temporary Senior Center portable that
has been placed behind the Building Department. He noted that he was impressed with
the appearance and placement of the portable.
Mayor Mehaffey requested that when the census results are made public, the population
signs throughout Saratoga reflect the changes.
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City Council Minutes January 3, 2001
Mayor Mehaffey wished James Walgren well and thanked him for his twelve (12) years
of service to the City of Saratoga.
OTHER
None
CITY MANAGER'S REPORT
Mr. Anderson explained that due to the recent power crisis an internal memo was
distributed reminding employees to conserve energy. Mr. Anderson also reported that the
timers on the lights along Big Basin Way have been rescheduled to run from 7p.m.-
12.p.m.
Mr. Anderson also noted that the ABAG Power Pool, in which the City of Saratoga
belongs to, recently reported that it had entered into an 18-month contract to purchase
power at reasonable rates.
ADJOURNMENT
Mayor~Mehaffey.,adjourned the meeting at 8:40 p.m.
,~'~t~ully~siibm_i~tted,
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