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HomeMy WebLinkAbout06-17-1992 City Council Minutes MINUTES SAI~TOGA CITY COUNCIL TIME: Wednesday, June 17, 1992 - 7:30 p.m. PLACE: Civic Theater, 13777 Fiiiit~aie Ave. TYPE: Regular Meeting 1. POLL CALL Councilmembers Present: Clevenger, Stutzman, Mayor Kohler Councilmembers Absent: Anderson, Monia 2. CEREMONIAL ITEMS A. Resolutions appointing Finance Committee Member and Youth Commissioners CLEVENGER/STUTZMANMOVED TO ADOPTRESOLUTION 92-038 APPOINTING MR. KEON TO THE FINANCE COMMISSION. PASSED 3-0 (Anderson, Monia absent) CLEVENGER/STUTZMANMOVED TO ADOPTRESOLUTION 92-039 APPOINTING MEMBERS OF THE YOUTH COMMISSION. PASSED 3-0 (Anderson, Monla absent) B. Administration of oath of office to above The oath of office was administered. 3. ROUTINE MATTERS A. Approval of Minutes - 6/3~ 6/6~ 6/S CLEVENGER/STUTZMAN MOVED TO APPROVE THE MINUTES OF 6/3.' PASSED 3-0 (Anderson, Monla absent) STUTZMAN/CLEVENGER MOVED TO APPROVE TEE MINUTES OF 6/6. PASSED 3-0 (Anderson, Monla absent) CLEVENOER/STUTZMAN MOVED TO APPROVE THE MINUTES OF 6/8. PASSED 3-0 (Anderson, Monia absent) B. Approval of Warrant List STUTZMAN/CLEVENGER MOVED TO APPROVE THE WARRANT LIST. PASSED 3-0 (Anderson, Monia absent) C. Report of City Clerk on Posting of Agenda City Manager Peacock stated pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on June 12. 4. CONSENT CALENDAR A. Planning Commission Actions, 6/10 - Noted and filed. B. Public Safety Commission Minutes, 6/8 - Noted and filed. C. Resolution 92-040 appointing a Corporation Representative to the Small Clalms Division of the Munlclpal Court D. Ordinance 71.109 adopting and amending the 1991 Edition of the Uniform Administrative Code, Building Code and the Building Code Standards, Plumbing code, Mechanical Code, and the Rousing Code and Abatement of Dangerous Buildings Code and the 1991 Edition of the Uniform Fire Code (second reading and adoption) E. Fourth Amendment to Agreement to Provide Local Law Enforcement Agency Access to the California Identification System F. Final Map Approval at 14810 sobey Rd., 2 lots (SD90-011.1) (Applicant, J. Houston) City Council Minutes 2 ~une 17, 1992 G. Hakone Foundation Fund Raising - 5/4/92 through 6/4/92 Biennial Review of Local Conflict of Interest Policy and Adoption of Policy Resolution 92-041 Relating to the Retention and Payment of Consultants I. Authorization for attendance of City Council and City. Manager at League of California Cities Mayors and Councilmembers Executive Forum, Monterey, ~uly 29-31, with reasonable and necessar~ expenses (estimated at $420 each) · . City Financial Reports for May 1) Treasurer~s Report 2) Investment Report Financial Report X. Resolution MV-205 establishing uNo parkingu Zone on Saratoga Ave. between Kosich Dr. and Lawrence Expressway L. Approval of Design Engineering Agreement for Bonnet Way Soundwall and Scheduling of Pro~ect (CIP 9113) STUTZI~N/CLEVENGER MOVED TO APPROVE THE CONSENT CALENDKR. PASSED 3- 0 (~nderson, Monla absent) 5. COIOiUNICATIONS FROM COIOIISSIONS AND THE PUBLIC ~. OI~L COIOiUNICATIONS Hr. Larry Fine, Heritage Commissioner, expressed concern about a tree which was cut down on Saratoga Avenue. He stated the Heritage Commission would like the Council to consider passing a resolution to take no further action on trees on Saratoga Avenue until the Heritage Commission can review the proposals and submit a report to the City Council. In response to Hayor Kohler's question, Hr. Fine stated the Heritage Commission should be made aware of what is going on. Councilmember Clevenger asked whether, if the work was stopped, it cost the City more money. City Hanager Peacock stated the City is not planning to cut down any more trees. Hr. Dan Trinidad, Secretary, Parks & Recreation Commission, noted the Arborist has studied the trees and did make a recommendation that this particular tree be removed. Mr. Trinidad apologized for not informing the Heritage Commission, but felt it was imperative to act promptly. Mr. Trinidad noted they don't plan to do anythin9 further until they report to the Council. Councilmember Clevenger stated that the Heritage Commission should have the opportunity to review the list. Mr. Fine stated there are 120 trees listed and there are 16 which have a request for removal. He noted the Heritage Commission has called a special meeting to address this issue. He stated the Heritage Commission will recommend that the City take full care of the trees or notify the property owners of what needs to be done to their tree when problems arise. Mr. Tom Reddick, 12389 Larchmont Ave., expressed concern about councilmembers remarks on television and stated that the election should be re-held. Hr. Jim Layin, 15450 Pepper Lane, expressed concern about incidents that happened during the last City Council election. He also expressed concern about people in responsible government positions being irresponsible. Mr. Levin noted his outrage at the mailer that was sent out regarding Ms. Caldwell, which he stated was prepared by Councilmember Anderson on behalf of He. Tucker and Ms. Burger. He City. Council Minutes 3 June 17, 1992 noted he joins with the residents who are asking for the resignation or recall of Councilmember Anderson. Ms. Meg Giberson, 15561 Glen Una Dr., addressed the issue of racism raised by the mailing sent out. She noted City Councilmembers who advocate racism should resign. Ms. Giberson expressed concern regarding lawless government. Ms. Glenda Gier, 12235 Woodside Dr., expressed concern about the style of campaigning which took place at the last election. She requested that Councilmember Anderson resign from the City Council. Ms. Betty Jo Stewart stated that it is important that the record show that many former supporters of Councilmember Anderson, request that she resign. Mr. Jeff Schwartz addressed the mailing, noting that no-one has apologized. He expressed concern about racial literature which was distributed in High Schools. Mr. Hal Hodges, 15875 Park Ave., expressed concern ab'out racism in politics. He also expressed concern about Councilmembers being involved in this and urged the Council to act on this matter. B. WRITTEN COMMUNICATION8 1) Santa Clara County Manufacturing Group, concerning appointment of Local Transportation Authority members. City Manager Peacock noted the letter is a notification of the intention to organize the Local Transportation Authority which is being created by the passage of resolutions in various cities and the Board of Supervisors. Mr. Peacock noted there will be a meeting in Monte Sereno City Hall to select the representative for the seven cities. He noted the three persons-interested in this position. Mr. Nick Szabo, Cupertino City Councilmember, stated he would like to have the vote of Saratoga City Council to select him for the appointment. Mr. Szabo gave background information about himself. He stated because of his experience in transportation he would be a good candidate for the appointment. In response to Mayor Kohler's question, Mr. Szabo stated he would be in favor of the light rail extending to Rainbow in Cupertino. 6. OLD BUSINESS A. Skatehoard Report City Manager Peacock stated, as directed by the City Council, staff has been examining an alternative location for a possible skateboard park. He noted the Parks & Recreation Commission voted to abandon the Skateboard Park proposal and to recommend to the Council that a multi- purpose in-line rollerblade skating facility be built behind the Community/Senior Center, complemented by a sleeve-type basketball court. Mayor Kohler questioned the rollerblade situation. Mr. Trinidad, Secretary, Parks & Recreation Commission, stated the Youth Commission did discuss this issue at their meeting in June and did recommend to the Parks & Recreation Commission a skating facility. Mr. Trinidad suggested this issue be deferred and a public hearing be scheduled. He stated they do not have a clear proposal at this time. In response to Councilmember Stutzman's question, Mr. Trinidad stated the Parks & Recreation Commission felt if there was going to be more asphalt laid it should be multi-purpose. Councilmember Clevenger requested that staff not spend too much money on this until they get direction. 7. NEW BUSINESS City Council Minutes 4 June 17, 1992' A. Memo Authorizing Publicity for Upcoming Hearings - Source Reduction and Hazardous Waste Elements City Manager Peacock noted the upcoming hearing, scheduled for July 1, 1992, which is Preliminary Draft Source Reduction and Recycling Element and the Household Hazardous Waste Element. He noted staff recommends that these people who have a serious interest in waste management, be. notified. Councilmember Clevenger stated the residents would become interested if the City received a $10,000 fine for not meeting the mandates of AB 939. B. Agreement with Los Gatos-Saratoga High School District for Joint Use of Recreation Facilities City Manager Peacock stated that staff recommends that the City Council authorize the Mayor and City Clerk to execute agreement on behalf of City. CLEVENGER/STUTZMAN MOVED TO AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENT ON BEHALF OF THE CITY. PASSED 3-0 (Anderson, Monia absent) C. Award of construction Contract for Beauchamps Park (CIP 977) City Engineer Perlin noted bids were opened yesterday, noting there were eight contractors who submitted bids. Mr. Perlin reviewed the lowest bid submitted, which was Collishaw Construction. He noted the work should start before the end of the month and be completed sometime in September. He noted staff recommends that the City Council declare Collishaw Construction of San Jose to be the low responsible bidder and to authorize the City Manager to execute the construction contract in the amount of $239,415. He noted the bid is within the budget. In response to Councilmember Clevenger's question, Mr. Perlin stated - he is aware of work done by Collishaw Construction in other cities, and they are la reputable firm. CLEVENGER/STUTZMANMOVED TO DECLARE COLLISMAW CONSTRUCTION OF 8AN JOSE TO BE THE LOW RESPONSIBLE BIDDER AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT IN THE AMOUNT OF $239,415. PASSED 3-0 (Anderson, Monla absent) D. Law Enforcement Services Agreement - Santa Clara county Sheriff,s Department City Manager Peacock stated the City of Cupertino have requested a change to clarify the issue of booking fees. He noted the County and other Cities have agreed to the change. He noted staff recommends that the City Council authorize and direct the Mayor and City Clerk to execute the contract and to review the proposed annual plan of service at the August 5th meeting. In response to Councilmember Clevenger's question, Mr. Peacock stated the City can not avoid payingbooking fees. Mr. Peacock reviewed the changes as outlined in the staff report. In response to Councilmember Stutzman's question, Mr. Peacock noted the cost of services is within the budget presented to the City Council. He noted the contract is approximately 2.3 percent higher than last year. Mr. Peacock also noted the Sheriff's Department are working on a proposal regarding relationships between schools and the Sheriffs. This will be reviewed at the August 5th meeting. MTUTZMAN/CLEVENGER MOVED TO AUTHORIZE AND DIRECT THE MAYOR AND CITY CLERK TO EXECUTE THE CONTRACT AND TO REVIEW THE PROPOSED ANNUAL PLAN OF SERVICE AT THE AUGUST 5TH MEETING. PASSED 3-0. (Anderson, Monia absent) E. Agency Agreement for a Countywide RE 939 Implementation Fee (Integrated Solid Waste Management Act) City Council Minutes 5 ~une 17, X992 City Manager Peacock reiterated comments from the memo to the City Council from Ms. Gloege, Environmental Programs Manager. He stated the intent of the fee would be to fundall or most of AB 939 implementation plan. CLEVENGER/STUTZMAN MOVED TO AUTHORIZE THE MAYOR TO EXECUTE THE AGENCY AGREEMENT FOR A COUNTYWlDEAB 939 IMPLEMENTATION FEE, ON BEMALFOFTHE CITY. Mayor Kohler asked about negative impacts. City Manager Peacock stated it is difficult to say at this time. He noted the cost will be approximately $30,000 a year. Councilmember Clevenger noted the Yard Waste Program has reduced the tonnage by approximately 50 percent. The above motion was carried 3-0 (Anderson, Monia absent). 8. PUBLIC HEARINGS - 8:30 p.m. A. City of Saratoga 1992-93 Budget, including consideration ofz 1) Gann appropriations llmlt; 2) amount of utility user tax; 3) continuing necessity of hillside traffic impact fee; 4) employee salaries and classifications; 5) resolution establishing schedule of fees pursuant to Saratoga City Code; 6) special report on possible impact of State budget on the City (continued from June 3) C~ty Manager Peacock outlined the resolutions to be adopted. He noted he prepared a supplemental memo to the Council regarding the State Budget impact on the City of Saratoga. He stated at this point the City is unsure of what will happen. He noted it could adversely affect the City up to $1 million and the City can not take this loss and continue business as usual. He noted it is difficult to present a plan at this time. Mr. Peacock outlined the steps the City should take when the cuts become effective. He stated the City has, over the last 9 years, had $800,000 taken by the State and the City has been able to sustain operations, but the State's proposal at this time will have a negative impact on the City. He stated the budget should be adopted and then address this issue when more information is made available. Councilmember Clevenger noted that Saratoga should actively lobby for the bailout to be discontinued as opposed to the vehicle license fees. She suggested sending a delegate up to Sacramento because Saratoga has much at stake. The public hearing was opened at 8:43 p.m. Mr. Jeff Schwartz addressed the utility tax as discussed at the last hearing. He noted it was the understanding given by the Council, at that time, that the utility tax would go on the ballot. Councilmember Clevenger reiterated her comments that it was the Council's prerogative to pass the utility tax. She noted a majority of the Council can discontinue the tax and the majority can also continue it. Mr. Schwartz noted the minutes make it clear that the utility tax was for 5 years and then sunsets, if continues beyond the five years it should go back to the voters. Councilmember Clevenger stated the intent of the sunset was to review how the money is being spent and not to end the tax. Ms. Peggy Bowman expressed concern about the fee increase for licenses she holds with the City. She requested a breakdown of the disbursement of the fee and noted the fee for the City of Saratoga is much higher than other cities throughout Santa Clara County. City Manager Peacock explained that when the fee was created it was done so based on staff analysis of all the costs. He noted the only City Council Minutes 6 June 17, 1992 changes have been based upon the increase in salary of employees for the city. He noted he will provide this information to Ms. Bowman. Ms. Bowman requested a grace period when paying the fee for temporary h~lp and also for a probation period for employees. Councilmember Clevenger asked if the budget can be passed and Ms.. B0wman~s requested reevaluated. She noted the fee does seem high and this should be looked into. Mayor Kohler concurred. Mayor Kohler closed the public hearing at 8:58 p.m. CLEVENGER/STUTZMAN ROVED TO ADOPT RESOLUTION 91-46.12 ADOPTING THE CONSOLIDATED BUDGET FOHTHEFISCALYEARS1991-93, MAKING APPROPRIATIONS ANDAUTHORIZING CARRY-OVERSTHERETOANDEXPENDITURES THEREFROM. PASSED 3-0 (Anderson, Monia absent). STUTZMAN/CLEVENGER MOVED TO ADOPT RESOLUTION 92-042 AMENDING FEE SCHEDULE FOR CIVIC THEATER RENTALS. PASSED 3-0 (Anderson, Monia absent). CLEVENGER/STUTZMAN MOVED TO ADOPT RESOLUTION 92-043 ESTABLISHING THE 1992-93 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF SARATOGA. PASSED 3-0 (Anderson, Monia absent). STUTZMAN/CLEVENGER MOVED TO ADOPT RESOLUTION 92-044 CONCERNING THE IMPOSITION OF A TRAFFIC IMPACT FEE FOR THE CONSTRUCTION OF NDW DWELLING UNITS IN THE ~ ZONING DISTRICT. PASSED 3-0 (Anderson, Monia absent). STUTZMAN/CLEVENGER MOVED TO ADOPT RESOLUTION 92-045 AUTHORIZING PERMANENT POSITIONS IN CITY SERVICE FOR FISCAL YEAR 1992-93. PASSED 3-0 (Anderson, Monia absent). CLEVENGER/STUTZMAN MOVED TO ADOPT RESOLUTION 85-9.92 ADDING TO BASIC SALARY CLASSES AND EMPLOYMENT CLASSIFICATIONS. PASSED 3-0 (Anderson, Monia absent). 8TUTZMAN/CLEVENGER MOVEDTOAD OpT RESOLUTION 85-9.93 SETTINGMANAGEMENT SALARY RANGES FOR FISCAL YEAR 1992-93. PASSED 3-0 (Anderson, Monia absent). STUTZMAN/CLEVENGER MOVED TO ADOPT RESOLUTION 85-9.94 REVISING FRINGE BENEFITS FOR MANAGEMENT EMPLOYEES. PASSED 3-0 (AndersOn, Monia absent). CLEVENGER/STUTZMAN MOVED TO ADOPT RESOLUTION 92-046 ADOPTING PAY SCHEDULES FOR TEMPORARY EMPLOYEES FOR FISCAL YEAR 1992-93. PASSED 3- 0 (Anderson, Monia absent). STUTZMAN/CLEVENGER MOVED TO ADOPT RESOLUTION 92-047 ESTABLISHING A SCHEDULE OF FEES. PASSED 3-0 (Anderson, Monia absent). B. Appeal of denial of design review approval to construct a 3,332 eq. ft. detached guest house on a 3.45 acre parcel in the NHR zone district at 14930 Vintner Ct. (Appiicant/appellant, FatsloS DR-91-057) City Manager Peacock recommended this item. be continued to July 15 at applicant~s request. CLEVENGER/STUTZMANMOVED TO CONTINUE ITEM 8B TO JULY 15, 1992. PASSED 3-0 (Anderson, Monia absent). C. Ordinance designating "The Bank" at 14421 Big Basin Way as a Historic Landmark (HP-lS, sullivan) (first reading and introduction) City Manager Peacock reiterated comments from the staff report. He noted the recommendation from the Heritage Preservation Commission, as outlined in the staff report. City Council Minutes 7 June 17, 1992 The public hearing was opened at 9:03 p.m. Mayor Kohler closed the public hearing at 9:04 p.m. CLEVENGER/STUTZMAN MOVED TO INTRODUCE THE ORDINANCE DESIGNATING THE PROPERTY AT 14421 BIG BASIN WAY, ALSO KNOWNAS THE BANK, AS A HISTORIC LANDMARK. PASSED 3-0 (Anderson, Monia absent). 9. CITY COUNCIL ITEMS A. Reports from Individual Councilmembers Councilmember Clevenger reported on the Storm drain run-off Bill that was passed, noting that cities must have a plan for monitoring the run off. Councilmember Clevenger noted the City of Saratoga has reached an agreement with West Valley Sanitation District to inspect and clean the storm drains within the City. She noted this will be a burden the City. will not have to endure. City Manager Peacock stated they will be able to work out the legal issues between the two districts. Councilmember Clevenger stated that Saratoga will be setting it's own assessment fees. Councilmember Clevenger stated she met with Hakone Foundation and discussed the letter asking for financial reports on a monthly basis. She noted the Hakone Foundation requested that this be done on a quarterly basis, as it will cost approximately $80/month to supply the reports. She noted another suggestion made was, along with the report, a representative from Hakone Foundation give a presentation to the City Council and answer any questions the Council may have. She noted the representative could also give an activity s,~mmary. Mayor Kohler suggested waiting until the new Council is in place before making decisions. In response to Councilmember Stutzman's question, Mr. Peacock noted he received a letter from Mr. Miller which addressed the quarterly reports. Mr. Peacock noted it is important for the City to receive these reports and the quarterly reports would be adequate. Councilmember Stutzman questioned the cost of the Bamboo Garden maintenance? City Manager Peacock it costs approximately $12,000 a year to maintain the gardens. Councilmember Clevenger stated the irrigation system needs to be put in place. Mayor Kohler addressed the parking fee. Councilmember Clevenger stated this should be discussed at the meeting in September. STUTZMAN/CLEVENGER MOVED TO ACCEPT QUARTERLY REPORTS FROM THE HAKOHE FOUNDATION. PASSED 3-0 (Anderson, Monia absent). In response to Councilmember Clevenger'squestion regarding an activity presentation from Hakone Foundation as opposed to a liaison, Mayor Kohler stated they have a long standing tradition to have a liaison and noted this should be discussed with the new Council. City Manager Peacock suggested discussing this at the July 15th meeting. Mayor Kohler reported on the Managers and Mayors Luncheon. He noted the City of San Jose did increase the landfill fee. City Manager Peacock also noted the landfill increase by the City of San Jose. He noted the $10 increase will cost the residents of · Saratoga 54 cents per month per can of trash. He noted by instituting the yard recycling program it has saved money. He noted the City has discussed on-going rates with Green Valley Disposal and will make an C~ty Council ainutes 8 ~une 17, 1992 offer which will represent a 2.9 percent increase in revenue to the C~mpany. He recommends the City not move any further at this time and there will be a hearing on rate adjustments next month. City Attorney Riback stated that several months ago the City looked into the issue of whether or not the Cities may be owed money from the COunty regarding special assessments. He stated the Cities are now- preparedto make a demand on the County to refund the money. He noted with agreement from the Council he will indicate to the City Attorney of Campbell that the City of Saratoga wishes to be included in the demand letter. 10. AIXTOUR!D(ENT The meeting adjourned at 9:20 p.m. to a closed session and then to June 30 at 7:00 p.m. in the Senior Day Care Center, 19655 Allendale Avenue. 11. CLOSED SESSION on pending litigation on illegal grading, clearing and tree removal on Cocciardi/Chadwick development, Tr. 7770. Respectfully submitted, Catherine Rob Minutes Clerk