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HomeMy WebLinkAbout05-05-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, May 5, 1993I- 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7~00 - Closed Session on Personnel Evaluation - Former Council Office (off Civic Theater Lobby) City Attorneyms Report on Performance Objectives from 2/23/93 closed session The meeting was called to order at 7:40 p.m. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Tucker, Burger, Monla, Mayor Anderson Councilmembers Absent: Kohler Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin. 2. CEREMONIAL ITEMS A. Proclamation on Emergency Medlcal Services Week MONIA/TUCKER MOVED TO ADOPT A PROCLAMATION ON EMERGENCY MEDICAL SERVICES WEEK. PASSED 4-0-1 (Kohler absent). 3. ROUTINE MATTERS A. Approval of Minutes - 4/21~ 4/27 Councilmember Monia amended the minutes of 4/21 as follows: Page ~,. wording in the amended motion should reflect the accurate motion in the resolution. Councilmember-Anderson commented on the Minutes of 4/21, Page 5, regarding the striping of the Gasoline Station, she asked if this should be reviewed by the Public Safety Commission. City Manager Peacock stated more arrows Were painted on Tuesday. He added that staff will continue to monitor this. Councilmember Anderson amended the Minutes of 4/21, as follows: Page 9, regarding the regional Water Board Meeting, she stated Cliff Campbell artended the meeting representing the City and would like this reflected in the minutes. TUCKER/MONIA MOVED TO APPROVE THE MINUTES OF 4/21 AS AMENDED. PASSED 4-0-1 (Kohler absent) Councilmember Monia commented on the Minutes of 4/27, he stated it should be noted that the Council will retain the 30 day notice. TUCKER/MONIA MOVED TO APPROVE THE MINUTES OF 4/27, AS AMENDED. PASSED 4-0-1 (Kohler absent). B. Approval of Warrant List BURGER/MONIA MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0-1 (Kohler absent). C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 30. 4. CONSENT CALENDAR City Council Minutes .2 May 5, 1993 A. Planning Commission Actions, 4/28 - Note and file. C. Approval of Arrangements for Foothill Club Annual Memorial Day Ceremony, 5/31/93 D. Approval of Request for Access Restrictions on Bohlman Road and Parker Ranch area on July 4 E, Resolution 93-015 apprcving Kaabipour Appeal heard 4/21 F. Resolution 93-016 authorizing Destruction of certain Records Councilmember Tucker requested the. removal of item B, Councilmember Monia requested-the removal of item G. MONIA/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF B AND G. B. Authorization of Attendance at Annual California Preservation Conference, June 1993, in Long Beach by three Heritage Preservation Commissioners Councilmember Tucker asked if it normal to send three Commissioners to the conference. City Manager Peacock stated it is budgeted to send three people, but it is not limited to new Commissioners. TUCKER/MONIA MOVED TO APPROVE 4B. PASSED 4-0-1 (Kohler absent). G. Audit Report of the Special Gas Tax Street Improvement Fund, for the Fiscal Year ended June 30, 1993. Councilmember Moniaquestioned the $44,000 reimbursement. City Manager Peacock stated this is an adjustment to the fund balance based upon the allocation of interest. He stated the State does not get reimbursed, the money is moved from the general fund to the gas tax fund. MON~A/BURGER MOVED TO APPROVE 4G. PASSED 4-0-1 (Kohler absent). 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS 1) Report from City Engineer on Status of Leonard Road Assessment District Formation City Engineer'Perlin presented the staff report. He noted a neighborhood meeting was held last week and a number of issues were discussed. He added they came to a consensus on several, as outlined in the staff report. He noted to proceed with this, a petition should be circulated to see if the neighbors want to go forward. Mr. Perlin stated he believes more than 60 percent of the neighbors want to go forward and if this is the case staff will proceed with the assessment. Mr. Perlin reviewed the procedure for establishing an assessment district. He noted there is a risk to the City to begin the process of developing and designing plans as these are up front costs to be paid by the City, which are approximately $7,000. He added if the district is formed the costs can be recovered by the assessments. He noted the issue is whether or not a debt financing can be arranged as the property owners do not want to come up with the up-front costs for the project. Mr. Perlin discussed the debt financing and stated this needs to be looked into more and noted there may be an opportunity to obtain a suitable debt financing arrangement. In response to Mayor Anderson's question, City Engineer Perlin stated 7 of the 20 property owners on Leonard Road have improved their property and dedicated it to the City. He noted the remaining property C~ty, Council Hinutes 3 Ha~ 5# 1993 owners would participate in the assessment district. City Attorney Riback stated there is no liability on the part of the City for damage to a private road as part of public improvements being constructed. 'He noted liability may apply if the flow of a natural terrain is diverted onto property by another property owner. Mr. Jim Reikes, 20541 Leonard Road, stated he submitted a petition last November and over 63 percent of the property owners signed the petition. He asked who will be responsible for circulating the petition addressed by Mr. Perlin.. Mr. Perlin stated the City will provide the-petition' with the correct wording and will mail these to the property owners. He stated the petition must contain legal language which is acceptable to the bond financier. Mr. Reikes thanked Mr. Perlin for his help on this project and he also expressed concern about safety hazards. Mr. Edwin Kennedy, 20520 Leonard Road, stated he sent a note to the Councilmembers inviting them to visit Leonard Road. He complimented the City Engineer for his work on this project. Mr. Kennedy stated, in order to get onto City property one must past over private property and feels some of the wear and tear is the City's responsibility. He added any assistance from the City is greatly appreciated. He noted the main topic discussed at the meeting was money and stated he would be willing to put up money to fund this project and requested the City do the same. Mr. Angelo Ozoa, 20544 Leonard Road, expressed concern about safety hazards on Leonard Road. He stated the property owners are interested in improving the street, noting it would be a credit to the City as a whole. He re.quested that the City Council assist the neighbors on this project. In response to Mayor Anderson's question, City Manager Peacock stated the completion of the project revolves around the financing. He stated assessment districts are established by State law and explained this. He noted the difficulty is the cost of creating a bond and noted they are exploring a way to piggy back this project on to a refinancing of the parking districts. He stated they are trying to avoid large costs to the neighborhood.. Councilmember Monia stated if the City is going to accept this street, staff should look into the possibility of a bridge loan and recover the costs when the assessment district is formed. He stated the City Council should give direction to staff as to what the Council would accept. City Engineer Perlin stated his only concern is the up-front cost, because of the possibility that at the protest.hearing the Council receive a majority protest. If this is the case, the City will lose the up-front costs. Councilmember Monia stated staff should explore the possibility of the property owners paying the initial costs. City Manager Peacock reviewed the 1913 act regarding assessment districts. He stated the money may be returned to the City if the project does not go forward and any costs incurred by the City would be recovered from the property owners through taxes if the district is so structured. Councilmember Monia stated staff should try to get the property owners to commit for the engineering costs. He noted if necessary he would support a bridge loan through City retention of the bonds until they can be rolled over. City Engineer Perlin stated the petition will be sent out and staff will explore a way in which the City could guarantee pay back of the up-front money if the district does not go forward. He stated he will not proceed with the project development at this time. CitZ. council Hinutes 4 Hay 5, 1993 Mayor Anderson stated it is important to have language in the petition regarding the up-front costs. Mr. Perlin stated this topic will be returned to the Council at their first meeting in June. 2) Report from City Engineer on Status of Hakone Gardens water System Project City Engineer Perlin stated bids will open in June. He noted the contractor will be working certain hours so as not to interfere with the rentals. 3) Report from Planning Director on Complaint about Lighting at St. Michael Archangel Church Mayor Anderson stated the Council has to decide if the lights should be removed or not. Councilmember Tucker asked if someone put up the lights without a permit, does the property owner have the right tO apply for the permit without removing the lights. Planning Director Curtis stated the property owner does have the right to apply for the permit without removing the lights, noting there may be some modifications when an applicationis filed. He stated he feels confident that the lights will stay off. He noted the review will take place as part of a new application and modifications may be requested. He stated if an application is not filed within 60 days, the light standards should come down. MONIA/TUCKER MOVED TO TABLE THIS ITEM UNTIL THE FIRST MEETING IN JULY. PASSED 4-0-1 (Kohler absent). B.' ORAL COMMUNICATIONS Mr. Bert Martel, 14420 Fruitvale, expressed concern about the wildlife sanctuary at West Valley College. He asked the City Council to look into this matter. Mr. Martel noted he has spoken to the West Valley College Board, but got no response. Mr. Martel presented his comments to the Council in writing. Mr. Dave Newmark, 19165 Austin Way, stated he is the ASB President Elect at West Valley College and would like to work with Mr. Martel on this matter. Mayor Anderson suggested Mr. Ne~nnark attend the meeting with the Stream Keepers. Mr. Peacock stated staff has not set up a meeting at this time. He stated the major issues for discussion are the protocols and training basis which have been established. Councilmember Monia suggested staff find out what agency is responsible for the creek area that goes through the College. C. WRITTEN COMMUNICATIONS 1) Aaron Katz, P.O. Box 116, concerning legal costs associated with Public Nuisance near 14272 Saratoga Avenue - Receive and file. TUCKER/BURGER MOVED TO RECEIVE AND FILE. PASSED 4-0-1 (Kohler absent). 2) Start Bogosian, 20630 Lomita Ave., resigning from Planning Commission. Staff recommends that the City Council accept the resignation and determine whether to appoint applicants from previous recruitment or re-advertise. City Council Minutes 5 May 5, 1993 Mr. Dave Newmark, 19165 Austin Way, stated he would like to serve on the Planning Commission and requested that the City Council re- advertise this position. BURGER/MONIA MOVED TO AUTHORIZE READVERTISING OF THE PLANNING COMMISSION SEAT. PASSED 4-0-1 (Kohler absent). MONIA/TUCKER MOVED TO ACCEPT THE RESIGNATION OF STAN BOGOSIAN. PASSED 4-0-1 (Kohler absent). 3) Fran Krezek, 20570 Ashley way, resigning from Libraz7 Commission. Staff recommends that the City Council accept the resignation and authorize advertising. MONIA/BURGER MOVED TO ACCEPT THE RESIGNATION OF FRAN KREZEK AND AUTHORIZE ADVERTISING. PASSED 4-0-1 (Kohler absent). 4) saratoga Creek Sediment Sampling Report Mayor Anderson requested a letter be prepared for her signature, thanking Mr. Ron Esau for doing the sediment sampling because the Non- Point Source Pollution staff would not do it. She noted that Saratoga Creek came out clean regarding sediments. 6. OLD BUSINESS - None. 7. NEW BUSINESS A. Memo Authorizing Publicity for Upcoming Hearings - Guglielmi Appeal TUCRER/MONIA MOVED TO AUTHORIZE PUBLICITY FOR THE UPCOMING HEARINGS AS RECOMMENDED.' PASSED 4-0-1 (Kohler absent). B. Report from Finance Director on Request for Execution of contract with David M. Griffith Assoc., Ltd. for SB 90 Cost Claims for Open Meetings Act and Monthly Investment Reports. City Manager Peacock presented the staff report dated May 5, 1993. BURGER/MONIA MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT FOR CLAIM PILING SERVICES WITH DAVID M. GRIFFITH AND ASSOCIATES, LTD. AT A FIXED FEE OF $6,500. PASSED 4-0-1 (Kohler absent). 8. PUBLIC HEARINGS - None. The City Attorney was excused at this time. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Tucker 6. IGC - Kohler 7. Flood Control Advisory Board - Burger 8. League of Cities Peninsula Division - Tucker 9. Water District Commission - Anderson 10. Santa Clara County Cities Association - Tucker 11. Sister City Committee - Burger 12. Traffic Authority Policy Advisory Board - Tucker 13. Transit Assist Board - Burger 14. Senior Coordinating Committee - Burger City Council Minutes 6 May 5, 1993 15. West Valley Sanitation District - Burger 16. School Resource Officer Task Force - Monia City Engineer Perlin reported on the ISTEA money. Henoted this is the program in which the Traffic Authority has applied for funds for the landscaping at the Warner Hutton House. He stated it does not seem to be worth applying for at this time. Mayor Anderson addressed the meeting with the Traffic Authority several months ago, she asked if there was any response to the items discussed. City Engineer Perlin stated no comment~ have been returned. He noted on the Cox Ave. wall they have not secured a bid for painting the wall at this time. Mayor Anderson commented on the Plumas neighborhood, noting she did a site visit to this area and the road goes up and over the freeway at residents' backyards. She added there is a visual impact and requested a meeting. ~ City Engineer stated he will request the Traffic Authority to look into this noting if there is a visual impact the Traffic Authority must mitigate for this. Mayor Anderson addressed the student survey regarding the School Resource Officer, she noted she will provide the results of the survey to the Councilmembers. Councilmember Monia noted he had a call from a resident asking questions about Saratoga Creek. He noted there seems to be damming of the creek by the Water District by Cox and Prospect. He requested that staff look into this. Councilmembe~ Monia questioned the possibility of canceling a council meeting.in July. Mayor Anderson stated the meeting of July 21 will be canceled because of the L~ague Conference in Monterey. City Manager Peacock stated there will be issues to discuss at the first meeting in'July. Councilmember Tucker reported on the Traffic Authority meeting. She noted a member of the Policy Advisory Board put· forward a suggestion that the Maude/Middlefield interchange go forward and sacrifice landscaping along Highway 85. She noted she spoke before the Traffic Authority and the landscaping Will be done along Highway 85. Councilmember Tucker noted she and Mayor Anderson attended the dedication of Beauchamps Park. Mayor Anderson reported on the ABAG meeting. She noted she went to Sacramento on April 28th and testified to the Assembly Local Government Committee on AB398. She stated we and the West Valley Cities would support this if the language did not change and as long as the formation of subregional bodies is not mandatory. Mayor Anderson asked what the status is on the response to the Bay Area Regional Water Board. City Manager Peacock stated they did send a report and copies will be given to the Councilmembers. He noted they are also working on the process of how to handle what was found in the video tapes. He stated the report from the firm who did the taping indicates that there are some unknown problems which have to be investigated. He added there are several taps in the line and this must be looked into. Mr. Peacock stated they will need to hire an engineering firm to analyze the tapes and track down the taps. He noted staff is putting together a report for the Board on what they found. In response to Councilmember Monia's question, Mr. Peacock stated that he doubts the Water Board would provide an expert engineer to analyze the tapes. City Council Minutes 7 May 5, 1993 City Engineer Perlin stated he did view the first video tape and noted four or five connections, which could not be identified, were seen. He noted others identified were storm drain connections and this needs to be looked into. He noted he did not review the second video tape. In response to Mayor Anderson's question, Mr. Peacock stated they are working on a storm drain schedule for inspections and 'do not have a dead line at this time. In response to Councilmember Monia's question, Mr. Peacock stated a report from the Water Board will be faxed to staff so they can add to it before May 19. C. Oeneral Council Items l) Agenda items,for next adjourned regular meeting - NO meeting scheduled for May 11. 2) Other Councilmember Tucker stated there was a suggestion to place a petition at the library and the Chamber of Commerce that demands the State to stop raiding city coffers. She noted she would like the Council to consider this suggestion. Mayor Anderson requested that a Councilmember attend the Sacramento March on May 19, 1993, as she can not attend. Councilmember Tucker reminded the Council about the May 13th dinner workshop meeting. She ,also noted Gary Miller, Chairman of the Speech Communication Department at West Valley College, has offered to give some team building for the Council, free of charge. There was a consensus of the Council to look into the process. Councilmember Tucker stated a citizen came forward and offered to assist the City in preparing material for neighborhood meetings. City Manager Peacock reported on the proposal from the County to discontinue animal control services. He stated the Humane Society is preparing a proposal to a number of cities in the County to take over some minimal level of service. He stated from experience, the revenue will pay for a large majority of providing the animal control services. He feels this will be a difficult issue for the City to deal with. He would like the Community to know that this is on the horizon and if they are interested in the City providing this service. He noted staff will be working on this and it may be an add on to the budget after it is adopted. Mr. Peacock stated budgets by t~e staff have been submitted and they did inform the employees of cut backs and lay offs. He noted five positions have been eliminated in order to balance the budget. He added that they are proposing a reorganization of the departments. Councilmember Monia commented on the joint field trip in the Hillside areas with the City Geologist and'asked what was the follow-up to this meeting. Mayor Anderson suggested a follow-up in a study .session. City Manager Peacock stated he would ask Mr. Perlin and Mr. Curtis to put together a report of the issues that were raised and the conclusions that .may be reached. He noted the Council could then review this report. Councilmember Monia expressed concern about some of the conditions of roads in the hillsides and would like staff to think about what the City can do about these roads in the future. City Engineer Perlin stated this will be the focus of a study session. He stated they need to begin a dialogue about what to do in the City Council Hinutes 8 Ma~ 5, 1993 hillside areas where some of.~the problems have become apparent. He stated he would like to put together an outline to present to the Council on how this problem will be handled in the future. City Manager Peacock stated staff will get back to the council in August regarding this issue. 10. ADJOURNMENT The meeting adjourned at 9:25 p.m. Respectfully submitted, Catherine M. Robillard Minutes Clerk