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06-02-1993 City Council Minutes
MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 2, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session - 7:00 - Administration Conference Room Discussion of personnel matters and employee evaluations and litigation in the case of the City of Saratoga and the Town of Los Gatos vs. VMS The meeting was called to order at 7:40 p.m. City Manager Peacock reported on the closed session noting that the City Council voted unanimously'to'withdraw'legal counsel from the law suit regarding VMS. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Tucker, Burger, Monia, Kohler, Mayor Anderson Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, Finance Director Shriver 2. CEREMONIAL ITEMS - None. 3. ROUTINE MATTERS A. Approval of Minutes - 5/i9~ 5/25~ 5/27 Councilmember Burger amended the minutes of 5/19 as follows: Page 6, 10th paragraph, last sentence, the word "senior" should read "Asian". BURGER/KOHLER MOVED TO APPROVE THE MINUTES OF 5/19, AS AMENDED. PASSED 5-0. Councilmember Burger requested a'sentence, regarding MTV, be added to page 2 of the May 25 minutes, reflecting that the decision was, the use of the T.V. would be continued with supervision. MONIA/KOHLER MOVED TO APPROVE THE MINUTES OF 5/25, AS AMENDED. PASSED 5-0. TUCKER/BURGER MOVED TO APPROVE THE MINUTE8 OF 5/27, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List BURGER/KOHLER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. C. Report of City clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda ~or this meeting was properly posted on May 28. 4. CONSENT CALENDAR These items will be acted upon in one motion unless they are removed from the Consent Calendar for discussion by Councilmembers or any interested party. A. Planning Commission Actions, 5/26 -- Noted and filed. B. Youth Commission Minutes, 4/19 - Noted and filed. C. Resolution 93-020 on Guglielmi Appeal heard 5/19 D. Resolution 93-021 creating a Revolving Fund for Proposed Public Financing Authority - Leonard Road Improvement District City Council Minutes 2 June 2, 1993 E. Resolution 93-021.1 Appointing Underwriter for Proposed Public Financing Authority - Leonard Road Improvement District BURGER/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS (1) Pool Table at Warnet Button House - Response from Recreation- Director to' inquiry-by~ Mr. Reddick at the May 19, 1993, meeting Mr. Tom Reddick~ 12389 Larchmont Ave., noted he disagrees with the staff report. He expressed concern about the pool table being removed from the senior center. Mayor Anderson stated the Warnet Hutton House was never a senior facility and the pool table was moved there because it got more use. She noted the pool table is available to the seniors twice a week B. ORAL COMMUNICATIONS Mr. Tom Reddick addressed the animal control services and noted the Community Service Officers could pick up the dead animals. Mr. Preston Burlingham, 14173 Squirrel Hollow Ln., expressed concern about the budget documents not being available to the public before the City Council meeting. Councilmember Monia stated there were preliminary budget documents available to the general public. C. WRITTEN COMMUNICATIONS - None 6. OLD BUSINESS - None. 7. NEW BUSINESS - None. 9. CITY COUNCIL ITEMS n. 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 15 West Valley Sanitation District - Burger 16 School Resource Officer Task Force - Monia Councilmember Burger reported on the following committees: Sister City Committee - the visitors from Japan will arrive the week of June 22nd. She noted there will be a welcoming On June 23. Transit Assist Board - the Board selected Outreach & Escort Broker. City council Minutes 3 June 2, 1993 Senior Coordination Committee - new officers were elected. West Valley Sanitation District - the budget has been approved; Board discussed delinquent fees and the vote was that the delinquent hook-up and capacity fees will be forgiven; Board has completed interviews for the District Manager and an offer has been made. Councilmember Monia reported on the Legislative Meeting he attended. He noted regional government was discussed. He stated there was much discussion, but has nothing affirmative to report at this time. He added, he did express the City's position regarding this issue. He also reported on the Workman's Compensation regarding Police Officers. Councilmember Monia stated, with council approval, he will continue to support one surviving agency as the concept for regional government. Mayor Anderson stated Congressman Norm Mineta will be speaking at the Community Center tomorrow night. Councilmember Monia suggested deleting Agency Assignment #16, and Councilmember Tucker stated Legislative Task Force should be added. Councilmember Tucker stated the Hakone Foundation elected new officers. Mayor Anderson reported on the Transportation Commission and noted they received support for the Saratoga-Sunnyvale Road project which the Council was concerned about. She stated there was discussion as to who should decide air quality issues, the Air Quality District or .the Congestion Management Agency. City Manager Peacock stated he discussed this with the staff at Los Gatos, and noted, in his opinion, it does not serve the industry or region well to have fractionated jurisdictions over these kind of environmental issues. He stated the air quality regulation should be placed in the jurisdiction of one agency. Mayor Anderson expressed concern that some of the solutions industries have to offer are focused on air quality and not traffic congestion. She believes that CMA would be able to handle traffic congestion better. Councilmember Monia stated there are measures employers, with 100 employees or more, can take to mitigate traffic congestion. He concurred with City Manager Peacock that one agency should be fully responsible. The Council discussed the power in which CMA should have and if they should control air quality. There was a consensus of the Council to support the one agency concept and not to expand the power of CMA, given to them by the legislation. Mr. Peacock pointed out that the commuter network would not disband because of the air quality issue. C. General Council Items 1) ngenda items for next adjourned regular meeting - None scheduled for Tuesday, June 8; Saturday, June 5 agenda will be devoted to interviews for Youth Commission. City Manager Peacock stated that the meeting on Saturday, June 5 will convene at 11 a.m. 2) Attendance at Mayors and Councilmembers Executive Forum, Monterey - July 21-23, 1993 staff recommends that the City Council approve the attendance for interested Councilmembers and the City Manager. Estimated cost for registration, lodging, meals and mileage $480 each. Proposed budget for 1993-95 allows $500 each for this conference. City council Minutes 4 June 2, 1993 BURGER/TUCKER MOVED TO APPROVE THE ATTENDANCE FOR INTERESTED COUNCILMEMBERS AND THE CITY MANAGER. PASSED 5-0. 3) Other 8. PUBLIC HEARINGS - 8z30 p.m. A. Abatement of Weeds and Brush Staff recommends that the City Council adopt a resolution ordering abatement of weeds and brush. City Manager Peacock presented the staff report dated June 2, 1993. Mr. Ernie Kraule, Fire Chief, noted they mailed out approximately 4,000 letters regarding weed abatement. He added they will be inspecting houses and doing a complete canvass of the area.. He noted they will be targeting the area where the last fire occurred and stated Canyon View homeowners have addressed the problem and taken care of the weeds and brush. Mr. Hal Hendricks, Central Fire, stated they also mailed out notices and have inspected 225 parcels. He noted they have received good cooperation and response from the public. In response to Councilmember Kohler's question, Mr. Kraule stated special precautions are being taken to address the rain and the problems it may'cause. Mayor Anderson opened the public hearing at 8:48 p.m. Ms. Luanne Nieman, 13217 Padero Ct., stated she lives on Calabazas Creek which is controlled by the Santa Clara Valley Water District, who will not clear the brush. She stated their property is divided by a water course' and explained the problems this causes. She noted they also have an easement and noted they do not have vehicular access to the back of their property. She stated when the City is allowing development they must consider fire and brush control access. Mayor Anderson closed the public hearing at 8:52 p.m. Councilmember Monia stated it may be worthwhile to review Ms. Neiman's property and include something in the record to address these problems. The Councilmembers discussed the safety issue, City Attorney Riback stated if it is a safety issue the City. can require an easement as a condition of developing property. MONIA/KOHLERMOVED TO ADOPT RESOLUTION 93-022 ORDERING ABATEMENT OF WEEDS AND BRUSH. PASSED 5-0. B. City of Saratoga 1993-95 Budget, including consideration of: 1) Gann appropriations limit~ 2) amount of utility user tax~ 3) continuing necessity of hillside traffic impact fee~ 4) employee salaries and classlficatlons~ 5) resolutlon establishing schedule of fees pursuant to Saratoga City Code~ Staff recommends that the City Council continue the hearing to June 16, when action will be taken on the above items. city Manager Peacock presented the staff report dated June 2, 1993. He reviewed the proposed budget for fiscal years 1993/94 and 1994/95 as written in the proposed budget, available to the Councilmembers and the public. He noted some of the numbers in the documents at this hearing have been changed to reflect Council's requests. Mr. Peacock presented slides outlining the proposed budget noting the City expects to face a $1,290,000 gap and this is the challenge the City Council and staff have in putting the budget together. He noted the guiding principles in putting budget together were to increase revenue and decrease costs in equal measure to produce a balanced budget and to keep the City's available fund balances at 50% of the operating budget. City Council Minutes 5 June 2, 1993 The slides presented outlined the following: Overall Financial Picture (revenue, expenditures, funds available); Revenues By Fund Type (General and Restricted); Consolidated Revenue Estimates for Fiscal Year 1991-1~96; Analysis of Expenditures 1990 to 1996; General Government 1994; Intragovernmental Charges 1994; Expenditure Projections; Capital Project Appropriation Estimates Fiscal Year 1991- 1996; and Cash Flow Model Fiscal Year 1990-1996. Councilmember Burger questioned the Fund Balance Available and the Fund Balance required. Mr. Peacock stated anytime the budget is increased by $1, $1.50 is removed from the reserves. He stated for the $50,000 to cover the cost of insurance, $75,000 is taken out of the reserve to cover this. He- stated there have also been minor changes which has an impact on the automatic adjustment to interest income. City Engineer Perlin presented the Capital Projects and gave a brief overview of existing capital projects and their status, as outlined in the staff report. He noted the financial section in the plan looks at each project and attempts to show revenue' available to carry out the project. Mr. Perlin stated there are still a few projects which could be removed from the plan, as funding has not been identified for these. The projects recommended for removal are as follows: Project No. 974 - Village Pedestrian Plaza, Project No. 9104 - Nelson Gardens Acquisition, Project No. 9101 - Quito Road Traffic Signal, Project No. 9303 - Drainage, Project No. 9305 - Roadway Facility. Mr. Peacock stated this plan was reviewed by the Planning Commission who rendered a determination as t© the consistency of the plan to the General Plan. He noted this was approved and a resolution will be adopted. Regarding Capital Project No. 9302, City Engineer Perlin stated in 1988 the City Council, at that time, did develop a list of priority areas for underground utilities. He stated this list should be revisited. In response to Councilmember Monia's question, City Manager Peacock stated there is $1 million in the bank for the SW/NE Road project and the cost of the project is $2.1 million. Regarding the development of the road, Mr. Peacock stated the Council must decide if the project is to be continued and then establish were the funding will come from. He noted his understanding of the specific plan policy statement for this area and the ordinance, specifies that the money can only be used to acquire the right-of-way and construction of the road. Mr. Peacock stated the policies regarding road maintenance and development in the hillside areas needs to be addressed by the City Council and Planning Commission. The Council discussed the issue of a fire house in the hillsides. Mayor Anderson stated this issue should be studied as part of the circulation element and discussed with the Planning Commission and Public Safety Commission. Mayor Anderson opened the public hearing at 9:42. p.m. Mr. Dick Siegfried, 13385 Surrey Ln., President, Good Government Group, expressed concern about the estimated difference for the fund balance. He stated the budget may not be in balance as the numbers have fluctuated in the last few weeks. He stated the construction tax and fees, the Council predicts, may not be recovered. He feels there is not enough emphasis on the costs of running city government or an effort to cut these costs. He believes some of the programs offered by the City can be privatized. He added that employee benefits are far beyond what is provided by private companies. He suggested the Council find out what the Community really wants regarding the services the City has to offer. City CouncilsMinutes 6 June 2, 1993 Mayor Anderson stated she attended a Cities Association Seminar which addressed the issue of compensation and noted there is a feeling among the cities that this is out of control. Mr. Gene Zambetti, Big Basin Way, reviewed parking district #4 and noted the bonds will be paid off by June 1994. He addressed the maintenance of the parking districts. Mr. Zambetti expressed concern about the increase in construction and business tax. He noted the employee benefits are too high in relationship to the private industry. He suggested the City use what the Public Utility Companies offer as a guide. The Council briefly discussed employee benefits and Mr. Peacock explained what was included in the City's employee benefits. The public hearing was continued to June 16, 1993. Councilmember Monia expressed concern that the Council has not addressed the reduction in costs as much as they need too. He believes there will be a short fall in the budget. He suggested asking staff to consolidate employee costs and noted more organization changes should be made. Councilmember Burger concurred. She stated the City Manager' indicated he was conservative regarding construction fees, but expressed concern about revenue estimates because of the increase in fees and the taxes proposed. She pointed out that the lower the estimated difference becomes, the more conservative the City must be. Councilmember Burger concurred with Mr. Perlin regarding the deletion of some capital improvement projects. Councilmember Tucker stated she concurs with Councilmembers Monia and Burger. Mayor Anders6n stated they should look at the total number of hours that areaccrued, including sick and vacation, by each employee. Councilmember Kohler concurred with reviewing more cuts. He stated the Council should look into employee benefits, but emphasize that they have already looked into this. In response to Councilmember Monia'squestion regarding contracting out maintenance work, City Manager Peacock stated most of the heavy work is contracted out. He noted some landscaping projects may be good candidates for contracting out the work, but added that some of the maintenance people do several different jobs. Councilmember Monia suggested looking into neighborhood volunteers to do light landscaping work. C. Review of the Proposed Capital Improvement Plan for Fisoal Period 1994-98 Staff recommends that the City Council continuethe hearing to June 16, when action will be taken on the above items. The Council agreed to add and delete the projects addressed by City Engineer Perlin earlier. Mayor Anderson opened the public hearing at 10:23 p.m. The public hearing was continued to June 16, 1993. D. Ordinance to Increase the Rate of the City Construction tax from the current $.57 per square foot of new construction to $1.00 per square foot Staff recommends that the City Council introduce the ordinance by title only, waiving further reading; continue hearing to June 16 for second reading of ordinance. City Council Minutes 7 June 2, 1993 City Manager Peacock stated the figure established, for the construction tax, was based upon the last two years and they are not projecting any increase in construction. He noted there is still remodelling going on, and the building department is also reporting an increase in plans being submitted. Mayor AnderSon opened the public hearing at 10:26 p.m. The public hearing was continued to June 16, 1993. Councilmember Monia pointed out that the $.57 is significantly lower than what is charged in other communities. MONIA/TUCKER MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. E · Ordinance to increase the rate of the City Transient Occupancy Tax from the current 8% to 10% Staff recommends that the City Council introduce the ordinance by title only, waiving further reading; continue hearing to June 16 for second reading of ordinance. City Manager Peacock stated the 10% City Transient Occupancy Tax is not unusual for California. Mayor Anderson opened the public hearing at 10:28 p.m. The public hearing was continued to June 16, 1993. BURGER/TUCKER MOVED TO iNTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. In response to Mayor Anderson's question regarding the business tax, City Manager' Peacock stated the business tax cycle is on a calendar year basis. 10. CLOSED SESSION - Discussion of personnel matters and employee evaluations. 11. ADJOURNMENT to a closed session and then to June 5 in Administration 'Meeting Room, 13777 Fruitvale Avenue at 11:00 a.m. (later changed to Warner Hutton House, 13777A Fruitvale Avenue). Respectfully submitted, iR~billa~d/~ Catherine ' ~ Minutes Clerk