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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. 2 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 3 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 4 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. 5 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. o 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. 7 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. 10 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. 11 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. 12 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, 13