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HomeMy WebLinkAbout02-20-2002 City Council MinutesMINUTES SARATOGA CITY COUNCIL FEBRUARY 20, 2002 The City Council of the City of Saratoga met in Closed Session, Administrative Conference Room, 13777 Fruitvale Avenue at 6:00 p.m. Conference With Legal Counsel -Existing Litigation: (Government Code section 54956.9(a)) Name of case: Saratoga Fire Protection District v. City of Saratoga (Santa Claza County Superior Court No. CV-803540) MAYOR'S REPORT ON CLOSED SESSION - 7:00 p.m. Vice Mayor Baker reported there was Council discussion but no action was taken. Vice Mayor Baker stated that at the conclusion of the Open Session the Council would reconvene in Closed Session in the Administration Conference Room. Vice Mayor Baker called the Reeular City Council meeting to order at 7:00 p.m. and lead the Pledge of Allegiance. ROLL CALL PRESENT: Councilmembers Stan Bogosian, Ann Waltonsmith, Vice Mayor Evan Baker ABSENT: Councilmember John Mehaffey, Mayor Nick Streit ALSO PRESENT: Dave Anderson, City Manager Richard Taylor, City Attorney Cathleen Boyer, City Clerk Jesse Baloca, Administrative Services Director John Cherbone, Director of Public Works REPORT OF CITY CLERK ON POSTING OF AGENDA FOR FEBRUARY 20, 2002 Cathleen Boyer, City Clerk, reported that pursuant to Government Code Section 54954.2, the agenda for the meeting of Februazy 20, 2002 was properly posted on February 15, 2002. Vice Mayor Baker announced for the viewing audience and anyone present tonight that there are two upcoming community meetings scheduled. First, on February 21,2002 at 6:00 p.m. in the Adult Day Care Center, Senator Byron Sher would be discussing issues that are before the State Senate that concern the City of Saratoga and surrounding sister cities. City Council Minutes ] February 20, 2002 Also, on February 26, 2002 at 6:30 p.m. in the Civic Theater, Mike Evanhoe from the Valley Transportation Authority would be discussing the Highway 85 Noise Mitigation Report. COMMUNICATIONS FROM COMMISSIONS & PUBLIC ORAL COMMUNICA'T'IONS No one requested to speak at tonight's meeting. COMMUNICATIONS FROM BOARDS AND COMMISSIONS None WRITTEN COMMUNICATIONS None COUNCIL DIItECTION TO STAFF None CEREMONIAL ITEMS lA. APPOINTMENT AND OATH OF OFFICE OF ART COMMISSION MEMBERS STAFF RECOMMENDATION: Administer Oath of Office TITLE OF RESOLUTION: 02-012 RESOLUTION OF THE CITY COUNCIL APPOINTING TWO MEMBERS TO THE ARTS COMMISSION BOGOSIAN/WALTONSMITH MOVED TO ADOPT RESOLUTION APPOINTING SYLVIA WOHLMUT AND TRACY HALGREN TO THE ARTS COMMISSION. MOTION PASSES 3-0-2 WITH MEHAFFEY AND STREIT ABSENT Vive Mayor Baker invited Sylvia Wohlmut to come forward and directed the City Clerk to administer the Oath of Office. Cathleen Boyer, City Clerk, administered the Oath of Office to Sylvia Wohlmut. Tracy Halgren was not present at the meeting. City Council Minutes 2 February 20, 2002 1B. APPOINTMENT AND OATH OF OFFICE OF PUBLIC SAFETY COMMISSION MEMBER STAFF RECOMMENDATION: Adopt resolution and administer Oath of Office. TITLE OF RESOLUTION: 02-011 RESOLUTION OF THE CITY COUNCIL APPOINTING ONE MEMBER TO THE PUBLIC SAFETY COMMISSION BOGOSIAN/WALTONSMITHMQVED TO ADOPT RESOLUTION APPOINTING THOMAS EDEL TO THE PUBLIC SAFETY COMMISSION. MOTION PASSES 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. Vive Mayor Baker invited Thomas Edel to come forwazd and directed the City Clerk to administer the Oath of Office. Cathleen Boyer, City Clerk, administered the Oath of Office to Thomas Edel. CONSENT CALENDAR 2A. REVIEW OF CHECK REGISTER STAFF RECOMMENDATION: Approve check register. WALTONSMITH/BOGOSIAN MOVED TO APPROVE THE CHECK REGISTER. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2B. JANUARY FINANCIAL REPORTS STAFF RECOMMENDATION: Accept reports. WALTONSMITH/BOGOSIAN MOVED TO ACCEPT JANUARY FINANCIAL REPORTS. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2C. REVIEW PLANNING COMMISSION ACTION MINUTES - FEBRUARY 13, 2002 STAFF RECOMMENDATION: Note and file. City Council Minutes 3 Febmary 2Q, 2002 WALTONSMITH/BOGOSIAN MOVED TO NOTE AND FILE ACTION MINUTES FROM JANUARY 23, 2002. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2D. CLAIM OF LAVINA LING; CLAIM NO. GL-052984 STAFF RECOMMENDATION: Authorize ABAG to settle claim. WALTONSMITHBOGOSIAN MOVED TO AUTHORIZE SETTLEMENT WITH LAVINA LING CLAIM NO. GL-052984. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. 2E. CONGRESS SPRINGS PARK IMPROVEMENTS -FINAL ACCEPTANCE/NOTICE OF COMPLETION AND DONATION UPDATE STAFF RECOMMENDATION: Accept Notice of Completion. Councilmember Waltonsmith requested that item 2E be pulled from the Consent Calendar. Councilmember Waltonsmith asked who approved the $90,4001isted purchases of amenities for Congress Springs Park. Director Cherbone responded that the City Council approved the amenity list that was in the donation brochure a few months ago. WALTONSMITH/BOGOSIAN MOVED TO ACCEPT FINAL ACCEPTANCE /NOTICE OF COMPLETION AND DONATION UPDATE. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT 2F. CONSIDER REQUEST TO JOIN FRIENDS OF THE COURT BRIEF IN OAK CREEK ESTATES V. TOWN OF PARADISE STAFF RECOMMENDATION: Authorize request. Vice Mayor Baker requested that item 2F be pulled from the Consent Calendar. Vice Mayor Baker stated that he felt the actions of the court were unprecedented. The court made the City take action to overturn their municipal code. City Attorney explained that Oak Creek Estates concerns the Permit Streamlining Act and the Subdivision Map Act and the circumstances under which a tentative subdivision map may be "deemed approved" under the Permit Streamlining Act (PSA). The PSA provides that under certain circumstances a development project may be "deemed approved" if the local government fails to act on the City Council Minutes 4 February 20, 2002 project within a specified period of time. In this case, City Attorney Taylor explained that the development project in question required a general plan amendment for approval and went through a lengthy review process including a number of changes proposed by the applicant. The Town Council ultimately approved an 82 lot subdivision. Following the approval the developer sued the Town, claiming that the project had been "deemed approved" as a 1771ot subdivision three yeazs eazlier. The Superior Court ruled that the City was obligated to accept and record a final subdivision map creating the 1771ot subdivision. The Superior Court denied on procedural grounds Oak Creek's claims that the approval of an 821ot subdivision constitutes a taking. Both Oak Creek and the Town have appealed. Councilmember Bogosian noted that he supported the amicus participation in this case. Councilmember Waltonsmith concurred with Councilmember Bogosian. BOGOSIAN/WALTONSMITH MOVED TO AUTHORIZE REQUEST TO JOIN AMICUS BRIEF IN OAK CREEK ESTATES V. TOWN OF PARADISE. MOTION PASSED 3-0-2 WITH MEHAFFEY AND STREIT ABSENT. Vice Mayor Baker requested that the City Council move to Item $ Consensus of the City Council to move to Item $. NEW BUSINESS LEAGUE OF CALIFORNIA CITIES GRASSROOTS COORDINATOR NETWORK STAFF RECOMMENDATION: Informational only. Rebecca Elliot, Regional Representative, thanked the City Council for the opportunity to speak before them tonight. Ms Elliot noted that she would give a brief background on the League of California Cities and her role as the City's representative. Ms. Elliot explained that the League is an association of 476 California city officials who work together to influence policy decisions at all levels, exchange information and combine resources. The League's main goals are to keep local dollazs local and protect local power. Ms. Elliot explained that the League accomplishes their goals by helping local cities in the following ways: legislative advocacy, legal advocacy, training and education, information resources, and special reports and publications. Ms. Elliot noted that a year ago the League created the Grassroots Network to build relations with local officials, business groups and the media and to focus on major issues of the member cities. City Council Minutes $ Febmary 20, 2002 Ms. Elliot noted that she was the Government Affairs Director for the Santa Claza County Association of Realtors in which she actively participated in a wide variety of professional and public officials dealing with their concerns with local and state issues. Ms. Elliot noted that she also worked as an intern for former Congressman and current U. S. Transportation Secretary Norman Mineta. Ms. Elliot explained that she serves as a Director of the Housing Trust of Santa Clara County and is a member of the Santa Clara County's Housing Leadership Council. Ms. Elliot noted that she would be providing periodic status reports and encouraged the City Council to keep in contact with her. Councilmember Bogosian welcomed Ms. Elliot to the City of Saratoga and noted that this was a tremendous step for legislative advocacy for California cities. Councilmember Waltonsmith welcomed Ms. Elliot. Vice Mayor Baker thanked Ms. Elliot for coming tonight and apologized that she was not able to speak at the meeting on February 6, 2002. Vice Mayor Baker encouraged Ms. Elliot to be a regular attendee at Boazd of Directors meetings of the Santa Clara County Cities Association PUBLIC HEARINGS ORDINANCE ADOPTING RULES AND PROCEDURES FOR CITY COMMISSIONS STAFF RECOMMENDATION: Open public hearing; close public hearing; waive first reading. Richard Taylor, City Attorney, presented staff report. City Attorney Taylor explained that at the City Council meeting of January 16, 2002 the City Council directed staff to prepare an ordinance establishing qualifications for membership on City commissions. The attached ordinance would require that commission members (1) be Saratoga residents, (2) be registered to vote in Saratoga, (3) attend at least one commission meeting prior to being interviewed for a position on that commission, (4) not be a Saratoga employee or hold any public elective office. The attached ordinance would also establish uniform rules applicable to all commissions for attendance, removal of commissioners, filling vacancies, and holding and conducting meetings. City Attorney Taylor briefly explained each of the following topics in the proposed code section as follows: • The "Qualifications" section of the new ordinance establishes the eligibility requirements discussed above. This section allows the Council to make case-by-case exceptions for given Commissions or Commission positions City Council Minutes 6 February 20, 2002 such as the Youth Commission (which does not apply the voter registration requirement) and the Library Commission (which allows a Monte 5ereno member). This section further provides that a Commissioner's seat automatically becomes vacant if the Commissioner ceases to satisfy the membership requirements at any point during the term. Commissioners are responsible for reporting all address changes to the City Clerk. The "Term" section establishes a standard term of four years. In addition, this section establishes term limits for Commissioners such that no Commissioner can serve more than two full consecutive terms. This is consistent with the term limits resolution adopted by the Council in March 2001. The ordinance clarifies the resolution by stating that Commissioners may be reappointed to a Commission after two full terms if there is a one- year hiatus between the two terms and the reappointment. If the Council wishes, this requirement could be revised to establish a longer or shorter hiatus. The "Attendance" section includes a provision that would automatically remove a Commissioner who is absent without permission from all regular commission meetings for 60 days from the last meeting attended. This provision is based on the attendance requirement imposed on City Council members by state law. The language is included to provide Council with an opportunity to address the manner in which it wishes to promote attendance. As an alternative to the automatic disqualification required by subsection (b), the Council may wish to simply address attendance issues on a case-by-case basis. The next section of the ordinance (2-12.13, "Removal") makes clear that the Council may remove a Commissioner at any time. This would allow removal of Commissioners for non-attendance and any other reason. Alternatively, the Council may wish to revise subsection (b) to require automatic removal after 90 or 120 days rather than 60 days. • The "Removal" section allows the Council to remove any Commissioner at any time. The section requires the affirmative votes of three council members for removal regardless of the total number of members voting. • The "Vacancies" section of the ordinance establishes procedures for filling vacancies on commissions. Consistent with past practice this section makes clear that appointments to fill vacancies are for the remainder of the term only. This section also requires special posting of vacancy announcement for unscheduled vacancies in accordance with state law. City Council Minutes '7 February 20, 2002 The "Meetings" and "Rules of Procedure" sections of the ordinance simply establishes common rules for Commission meetings. The rules of procedure are based on the rules followed by the City Council. This will provide guidance to Commissions as to the proper manner in which meetings should be administered. The Rules of Procedure section does not apply to the Planning Commission because the City Code already establishes clear rules for that Commission. Councilmember Bogosian asked if any provisions were added to the code on 1) how the Commission selects a chair and 2) prohibiting a person from serving on more that one commission or committee. City Attorney Taylor responded that he did not address either of those issues, but noted if the City Council desires to address these issues tonight the proposed ordinance could be amended. Vice Mayor Baker opened the public hearing at 7:40 p.m. and invited any public comments. Vice Mayor Baker closed the public hearing at 7:42 p,m. Councilmember Waltonsmith asked for direction on how the Council should proceed. City Attorney explained that this is the first reading. City Attorney Taylor stated that tonight the Council should make any proposed amendments, move that the ordinance be introduced as amended and the first reading be waived. The ordinance will come back at a second meeting for adoption and if there are any changes at that time the whole process would have to start all over again. Councilmember Bogosian proposed that a provision be added to the ordinance that prohibits a person form serving on more than one commission or committee. Vice Mayor Baker noted that he would support adding a provision limiting membership to a single commission. A discussion took place on how long a commission or committee member should have to wait to reapply for a commission after they have served their two terms. Vice Mayor Baker noted that he could support a Z-year hiatus Councilmember Bogosian and Councilmember Waltonsmith noted that they support none-year hiatus. Consensus of the City Council that one-year is sufficient between an expired term and a new appointment. City Council Minutes g February 2Q 2002 Council requested clazification on how a commissioner is removed from a commission for excessive absences. City Attorney Taylor explained in the proposed ordinance a commissioner would automatically be removed if absent without permission from all regulaz commission meetings for 60 days from the last meeting. In regards to attendance, Vice Mayor Baker noted that most commissions do not meet more than once a month; he noted that 60 days does not seem appropriate. Although commissioners are volunteers, Councilmember Bogosian stated commissioners should know what is expected of them. Councilmember Bogosian noted that 90 days seems more reasonable. Councilmember Waltonsmith stated she does not agree with 60 or 90 days. Councilmember Waltonsmith noted that she would rather set a specific number of unexcused meetings missed. Also, Councilmember Waltonsmith noted that she believes in education and stated that the Commissioner should be counseled on their attendance before they are removed. City Attorney Taylor responded that the attendance section of the proposed ordinance could be amended to state if a commissioner misses three consecutive unexcused absences they are automatically removed and after the second the City staff liaison could write them a letter reminding them of the consequences if they miss one more meeting. Vice Mayor Baker noted that Commissioners serve at the pleasure of the City Council, so the Council has the right to remove the Commissioner if they do not fulfill their commitment. Vice Mayor Baker noted and does not support Councilmember Waltonsmith's suggestion of"counseling". In regards to the requirement of the required attendance of a commission meeting, Councilmember Bogosian suggested that a verification of attendance be attached to their application prior to the interview. In regards to the section of the chair of commissioners, Councilmember Waltonsmith noted that a rotating chair every year is very important. Consensus of the City Council to add a provision in the selection of a chair on a rotating basis. City Attorney Taylor asked for a specific definition of "rotation". Vice Mayor Baker suggested that an annual rotation of the chair not to repeat itself within a four yeaz term. Vice Mayor Baker reiterated consensus of the City Council to direct staff to amend the ordnance be amended as follows: City Council Minutes 9 February 20, 2002 • Commissioners be limited to sitting on one commission at a time • Automatic removal of a Commissioner if they have three consecutive unexcused absences of regulaz meetings • Warning letter sent by the staff liaison after the second consecutive unexcused absence • The Chair of the commission rotate each yeaz with no repeat during a four year term WALTONSMITH/BOGOSIAN MOVED TO WAIVE THE FIRST READING OF THE ORDINANCE AND ADOPT ORDINANCE AS AMENDED TO RETURN TO THE CITY COUNCIL ON MARCH 6, 2002 FOR A SECOND PUBLIC HEARING. MOTION PASSES 3-0-2 WITH MEHAFFEY AND STREIT ABSENT OLD BUSINESS 4. REQUEST FOR PROPOSALS FOR CITY ARBORIST SERVICES STAFF RECOMMENDATION: Accept report and direct staff accordingly. Director Sullivan, Community Development Director, presented staffreport. Director Sullivan explained that last fall staff brought a report to Council requesting an amendment to the City's contracted azborist for greater compensation. Council directed staff to prepaze a Request for Proposal for azborist services and return at a later date. Director Sullivan stated that the City received five proposals in response to mailing out 21 Request for Proposals. Of the five received, three were considered worthy of inviting the firm to be interviewed. Director Sullivan noted that the three firms were: • Barrie D Coates and Associates • David Babby of Arbor Resources • Deborah Ellis, MS Director Sullivan noted that this morning Mr. Coates called and withdrew his proposal, but recommended the City consider the services of Mr. Babby. Director Sullivan noted that Mr. Coates stated that whenever the City needs his services on a single project or to write opinion letters he would always be available. At this point the City can move forward with Mr. Coates' recommendation and form an interview committee. Councilmember Bogosian asked to what extent was the advertising and why were two firms eliminated. Director Sullivan responded that staff sent out 21 Request for Proposals and advertised in the San Jose Mercury News and the two firms that were eliminated was due to their limited experience and the quality of their proposal. City Council Minutes 1 p February 2Q 2002 Councilmember Bogosian asked if staff advertised in any arborist journals. Director Sullivan responded no. Councilmember Bogosian noted that he is uncomfortable with just two candidates and stated that staff should continue the search. Vice Mayor Baker concurred with Councilmember Bogosian and suggested that a committee be formed to conduct the interviews. City Manager Anderson suggested that staff could go back through the list of firms and contact them and ask why they did not submit a proposal. Perhaps knowing that Mr. Coates is no longer in the running. Councilmember Waltonsmith noted that staff should contain the search locally. Consensus of the City Council to direct staff to consult with Mr. Coates, contact the firms previously solicited, solicit local arborist, and come back to Council at a future date. NEW BUSINESS 4. REVIEW OF LEGISLATIVE CONSULTANT CONTRACT STAFF RECOMMENDATION: Accept report and direct staffaccordingly. Dave Anderson, City Manager, presented staff report. City Manager Anderson explained that at the meeting of January 8, 2002, the City Council directed staff to review the City's legislative consulting contract with Anthony Gonsalves & Sons. City Manager Anderson stated that the City contracted with Gonsalves & Sons on Apri14, 2000 to provide services in the areas of legislative advocacy and governmental affairs. Gonsalves helped the City with special legislation of SB 1883 and AB 613. City Manager Anderson stated that the City renewed the contract with Gonsalves in December 2000 and added that the City's experience with Gonsalves has been positive, supportive, and professional. Councilmember Bogosian asked how much does the City pay Gonsalves & Sons. City Manager Anderson responded $3,000 a month. Councilmember Waltonsmith noted that she has noticed that their reports have changed. City Council Minutes 11 February 2Q 2002 City Manager Anderson explained that the legislation is slow and so the reports are standard legislative monitoring. Vice Mayor Baker stated that the League of California Cities formed the Grassroots Network because small cities cannot afford to pay a lobbyist. Vice Mayor Baker reminded his colleagues that when the City first discussed hiring Gonsalves & Sons, the City Council wanted to hire the firm on a case-by- case basis and Mr. Gonsalves said no. Councilmember Waltonsmith suggested that this item be continued when there was a full Council. Councilmember Bogosian noted that he supports terminating the contract and using the $36,000 on other projects such as a skateboazd pazk or Wazner Hutton House renovations. Councilmember Bogosian noted that he could support continuing this item before a full Council. Vice Mayor Baker concurred to continue this item. Consensus of the City Council to direct staff to contact Rebecca Elliot and discuss with her what she can and cannot do in regards to legislative advocacy for the city of Saratoga. AGENCY ASSIGNMENT REPORTS Councilmember Waltonstith noted that the Arts and the Library Commission would not meet until next week. Councilmember Bogosian reported the following information: • Library Expansion Committee -reported that Phase I is closing out and Phase II is starting on the Library Renovation Project. Projected grand opening is Februazy 28, 2003. • Heritage preservation Commission -met at the Historic Museum located on Saratoga-Los Gatos Road. The Commission was given a tour of the museum and a brief explanation of the proposed remodel. Next meeting will discuss the proposed design of the kiosk. Vice Mayor Baker reported the following information: • Parks and Recreation Commission -working on the task of planning the review of all City use fees. CITY COUNCIL ITEMS Councilmember Waltonsmith asked for an explanation of the section of the agenda titled "Communications from Boards and Commissions". City Council Minutes ] 2 February 20, 2002 Councilmember Bogosian stated that since the City's commissions have a Council liaison that reports their activities, this section is rarely used. Vice Mayor Baker added that this gives the Commissions the opportunity to make a report to Council, since they do not have the authority to place items on the City Council agenda. Councilmember Bogosian requested an alternate Councilmember to attend the next meeting of the Cities Association Task Force on February 28, 2002. Councilmember Waltonsmith responded that she could attend the meeting on Februazy 28, 2002. Vice Mayor Baker referred to a letter he received from Mayor Ron Gonzales of the City of San Jose inviting the City of Saratoga to participate in a new discussion group with Monterey Bay Area Government. Vice Mayor Baker requested a staff report on the background of this group. Referring to a recent article in the League's Primary Focus, Vice Mayor Baker requested a staff report in regards to SB709. OTHER None CITY MANAGER'S REPORT City Manager Anderson announced that the City of Saratoga has been recently written up in Sunset Magazine. City Manager Anderson noted that he hopes this would boost tourism this summer. ADJOURNMENT Vice Mayor Baker noted at 8:45 p.m. that the Saratoga City Council would reconvene in the Administrative Conference Room to continue Closed Session discussions. Vice Mayor Baker Adjourned the Closed Session at 9:40 p.m. with immediate adjournment of the Open Meeting thereafter. e ectfull mitted, Ca ee r City Clerk City Council Minutes 13 February 2Q, 2002