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HomeMy WebLinkAbout06-16-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, June 16, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session Mayor Anderson thanked 7-Up Bottling Company for supplying the drinks at the Council meetings. Pledge of Allegiance 1. ROLL CALL Councilmembers present: Tucker, Burger, Monia, Mayor Anderson., Kohler- (arrived at 7:35 p.m.) Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin. 2. CEREMONIAL ITEMS Supervisor Dianne McKenna addressed the fund raising for the children's shelter, noting they have raised 11.4 million dollars. She presented a plaque to the City Council, thanking them for their participation. A. Resolution AppOinting Youth Commissioners MONIA/BURGER MOVED TO ADOPT RESOLUTION 93-023 APPOINTING YOUTH COMMISSIONERS. PASSED 5-0. B. Administration of Oath of Office to Youth Commissioners 3. ROUTINE MATTERS A. Approval of Minutes - 6/2; 6/5 Coancilmember Burger amended the minutes of 6/2 as follows: Page 3, 5th paragraph, the words "Agency Assignment" should replace the word "item"; page 6, 10th paragraph, the word "employees" should be replaced by the word "volunteers". MONIA/KOHLER MOVED TO APPROVE THE MINUTES OF 6/2, AS AMENDED. PASSED 5-0. KOHLER/BURGER MOVED TO APPROVETHE MINUTES OF 6/5, AS PRESENTED. PASSED 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 Pu[suant to Government Code 54954.2, the agenda for this meeting was properly posted on June.ll. 4. CONSENT CALENDAR A. Planning Commission Actions, 6/9 - Noted and filed. H. Award of Contract for Janitorial Services to west Coast Building Services in the amount of $5940 C. Beauchamps Park, Capital Project No. 977 - Final Acceptance and Notice of Completion D. Quito Road Bridge Replacements, Capital Project No. 905 -Final Acceptance and Notice of Completion E. Hakone Gardens Water Systems, Capital Project No. 981 - Award of Construction Contract to John Clay Landscape in the amount of $98,450 and Authorization for Staff to city Council Minutes 2 June 16, 1993 execute Change Orders up to $7,500 F. Final Acceptance and Release of Bond, SD90-006, Kosich Properties (12325 Saratoga Avenue) G. Resolution MV-208 Establlshing No Parking Zone on Kirkmont Drive H. Approval of Half-Day Closing of City Hall on June 25 for Employee Farewell Partyresolution' I. Resolution 93-024 authorizing City Manager to execute Consultant contract with Hilton, Farnkopf and Hobson for Green Valley Disposal Company Performance Audit City Manager Peacock stated item 4H should be totally removed from the agenda. BURGER/MONIA MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM H. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS - None requested by Council. City Manager Peacock. stated the City Attorney did provide him with a memo regarding the San Jose Water Company penalty charges, as addressed at a previous meeting. He noted a copy of the memo was sent to Mr. Siemek. In response to CoUncilmember Monia's question. regarding the light fixtures at the Church on Allendale, Mr. Peacock stated the church has until June 26th to submit an application. - B. ORAL COMMUNICATIONS Mr. Leonard Siemek, 12191 Mellowood Dr., stated he brought the issue of the penalty charges by San Jose Water Company to the Council's attention. He noted he did investigate this matter and noted the California Public Utilities Commission did not know the money was kept by the Water Company. He stated the Council are the police power and without their consent the Water Company cannot collect money in the form of fines. He noted Milpitas keeps the money collected as fines in a special fund. He suggested the City Council appoint a sub-committee to draft an ordinance, that all fines should remain within the City of Saratoga. City Attorney Riback stated he did prepare a written opinion to the City Council and the conclusion reached was that the San Jose Water Company was authorized by the California Public Utilities Commission (CPUC) to assess a penalty for overuse of water during the drought. He noted the fees collected were, by order of the CPUC, maintained in a trust account until such time as the CPUC, determined how the revenue may be utilized. He stated the CPUC, did determine, after hearings, that the penalty fees could be used by the Water Company to reimburse the Company for losses as a result of low water use during the drought. He added any money remaining was to be returned to the Water user within the City of Saratoga. He stated it is his opinion that the CPUC has exclusive jurisdiction over the authorization to the Water Company regarding fines. Mr. Riback stated he will talk to the City Attorney at Milpitas to discuss this issue. Ms. Helen Stanley, 12655 Paseo Flores, addressed the proposed shrine and stone image in Hakone Gardens and noted she objects to these. She noted the garden should be left as a garden of beauty without the shrine. In response to Councilmember Kohler's question, Mr. Peacock stated the shrine is part of a Master Plan which was approved several years ago by the City Council. City Council Minutes 3 June 16, 1993 Councilmember Kohler questioned the legality of religious objects on public property. Councilmember Burger stated the intent of having the shrine at the garden was to make the garden as authentic as possible and reflect how the gardens in Japan look. In response to Councilmember Kohler'squestion regarding legality, City Attorney Riback stated he needs to know more about this shrine before giving an answer. Mayor Anderson stated it was not the intent of the City to pay for this and the question is if this shrine is donated, can it be placed on public property. She requested that the City Manager look into this.- Mr. Dick Wheeler~ 13157 Via Arriba Dr., noted he has received excessive fines for his alarm system going.off. He noted a family of squirrels have made a home. in his attic and have created havoc with the wires to the system. He noted the squirrels have been removed at this time. He requested that the fines be waived. C. WRITTEN COMMUNICATIONS 1) Susan Riggs, requesting postponement of layoff date. Mayor Anderson noted these personnel matters will be discussed in closed session after item C4. Ms. Susan Riggs, stated she would be willing to work on a part-time basis. Ms. Riggs requested the Council consider these options; Continue her position on a full-time basis until the State has adopted their budget; reinstate her position on a part-time basis or consider her original .memo with a lay off date of August 31, 1993. -- 2) Brett Borah, resigning from Public Safety Commission. Staff recommends that the City. Council accept the resignation and authorize advertising. BURGER/KOHLER MOVED TO ACCEPT THE RESIGNATION AND AUTHORIZE ADVERTISING. PASSED 5-0. 3) Helen Stanley, 12655 Paseo Flores, with objections tO shrine and stone image in Hakone Garden Staff recommends that the City Council refer to Hakone Foundation. 4) Isabel Gloege, Claire Waite, Susan Riggs, Amy Wolde-Michael, requesting extension of medical insurance benefits for six months Ms. Claire Waite requested that the City Council extend the medical benefits. Ms. Waite outlined the costs to the City for the various medical coverages. TUCKER/KOHLER MOVED THAT THE CITY COUNCIL GO INTO CLOSED SESSION TO DISCUSS PERSONNEL MATTERS. PASSED 5-0. Mayor Anderson noted the City Council has only the right to hire and fire the City Attorney and City Manager. She noted the City Council sets policies and the City Manager makes the decisions. Mayor Anderson reported on the Closed Session noting the Council was not in a position to change the budget resolution and they will be discussing a matter of policy for layoffs later on the agenda. Mayor Anderson moved to the public hearings at this time. 8. ,PUBLIC HEARINGS - 8:30 p.m. CitZ Council Minutes 4 June 16# 1993 A. 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 classificatlons~ 5) resolution establishing schedule of fees pursuant to Saratoga City Code~ 6) Review of the Proposed Capital Improvement Plan for Fiscal Period 1994-98 Staff recommends that the City. Council adopt the resolutions. City Manager Peacock presented the staff report dated June 16, 1993. Mayor Anderson opened the public hearing at 8:45 p.m. Mr. James Compton, 15040 Oriole Rd., urged the City Council to reconsider funding the arts as it will be a benefit to all residents in Saratoga. Mr. Compton reviewed the funds contributed by other Cities in the County. Mayor Anderson .stated it is difficult to lay off people and then fund the arts. She noted they will not be able to fund the $10,000 as given in the past years. Mayor Anderson stated the City offered to allow the arts the use of the T.V. station for fund raisers. Mr. Fritz Maurer, 20260LaPaloma Ave., addressed the volunteer program which has served the City for many years and also saved the City money. He expressed concern about the proposed cut in staff who organize the volunteers. He suggested the City Council reconsider eliminating the position and feels a lot of volunteers will leave the service. Ms. Barbara Takahashi, 12326 Larchmont, stated the recommendation for Kevin Moran Park improvements has been eliminated. She stated this park should be improved by replacing the play equipment, which could be done for $19/000. Ms. Kathy Nicolino, 19784 Seagull Ct., stated she has to drive to parks in other cities because the play equipment at Kevin Moran Park is unsafe. She noted most of the neighbors would like to see the park improved and hope in the near future money can be put into this park for improvements. Mr. Dick Siegfried, 13388 Surrey Ln., noted he has followed the budget deliberations from the beginning and expressed concern about the amount of revenue projected. He requested a break down of fees regarding garbage. He noted about 11% of the garbage fee is paying for other environmental issues. Mayor Anderson agreed with a breakdown of fees and noted this should be passed on to Green Valley. City Manager Peacock noted when the recycling program was started the City Council decidedto show the rate for recycling on the bill and the result of this was the City received complaints about the cost being too high. Councilmember Tucker noted she received a phone call'from a concerned citizen regarding cutting police services. Mayor Anderson noted she received a phone call regarding the school resource officer. Mayor Anderson closed the public hearing at 9:10 p.m. The Council discussed the continuance of the health care benefits for a period of two months after termination. Mayor Anderson stated the policy made for the health benefits will be good for all employees. MONIA/BURGER MOVED TO EXTEND THE HEALTH CARE BENDFITS FOR TWO MONTHS TO City Council Minutes 5 June 16, 1993 ALL TERMINATING EMPLOYEES, AS PROPOSED IN THE BUDGET. In response to Councilmember Kohler's question, City Manager Peacock stated the policy can be changed, staff will add the motion to the existing lay-off policy and bring it back for formal adoption on July 7. The above motion was passed 5-0. The Council discussed Kevin Moran Park. Regarding the article in the Saratoga News about Kevin Moran Park, Ms. Takahashi stated this was an Eagle Scout project, but did nor involve the play equipment. City Manager Peacock stated the park development funds are actually in arrears. He noted the City anticipated development which would pay for the improvements, but in fact, have improved parks before the funding is available. He stated within the next few years the City is hoping the money will become available to improve the parks. He noted the Master Plan does indicate that Kevin Moran Park play equipment should be replaced. He stated staff will look into the safety issue. Mayor Anderson noted that two parks have been improved before Kevin Moran Park. She proposed that once there is money in the park development fund, Keyin Moran Park should be the first priority. City Manager Peacock feels it is.premature of the City Council to make policy priorities in the absence of an agreement with the neighborhood. Mayor Anderson stated she is talking about improvement of the play equipment only. Councilmember Monia suggested a policy statement that earmarks the funds for Ke~in Moran Park, but the replacement of the play equipment should be a high priority. Mayor Anderson suggested discussing this issue with the Parks and Recreation Commission. Councilmember Monia stated park development proposals and priorities usually come through the Parks and Recreation Commission and the Council should ask their opinion regarding the play equipment. City Manager Peacock stated the major issue to discuss with the Parks and Recreation Commission is the long range priority plan of the master plan, including Kevin Moran Park improvement components. MONIA/KOHLER MOVED TO INSTRUCT STAFF TO WRITE A LETTER OF SUPPORT FOR THE SILICON VALLEY ARTS, BUT CAN NOT SUPPORT IT FINANCIALLY AT THIS TIME, BUT THEY CAN USE THE TV CHANNEL FOR FUND RAISING. PASSED 5-0. Regarding the park improvements,.City Manager Peacock stated it is his assumption, per the Council's discussion, that the Council wants the Parks and Recreation Commission to look at updating the priority list for the parks master plan with the Kevin Moran play equipment as a high priority item. KOHLER/TUCKER MOVED TO ADOPT RESOLUTION 93-025 AMENDING THE CONSOLIDATED BUDGET FOR THE FISCAL YEAR 1992-93, ADOPTING THE CONSOLIDATED BUDGETS FOR FISCAL YEAR 1993-94 AND FISCAL YEAR 1994-95, MAKING APPROPRIATIONS AND AUTHORIZING CARRY-OVERS THERETO AND EXPENDITURES THEREFROM. PASSED 5-0. MONIK/KOHLER MOVED TO ADOPT RESOLUTION 93-026 ESTABLISHING THE 1993-94 FISCAL YEAR APPROPRIATION LIMIT FOR THE CITY OF SARATOGA. PASSED 5-0. MONIA/BURGER MOVED TO ADOPT A RESOLUTION AMENDING RESOLUTION NO.2663, AS AMENDED, AUTHORIZING PERMANENT POSITION8 IN CITY SERVICE FOR FISCAL YEAR 1993/94. PASSED 5-0. City council Minutes 6 June 16, 1993 Mayor Anderson noted it is with regret that they have to lay off employees and noted service at the City Hall may be a little slower. The Council discussed the management compensation system. Mayor Anderson stated they will be going into negotiations with the employees organization. She noted some Councilmembers; County wide, have expressed concern about the amount of leave time public employees get compared to private employees. She noted whatever is negotiated with the employees will also affect management staff.. City Manager Peacock informed Mayor Anderson that she was stepping over the bounds of the Meyers, Milias, Brown Act when discussing unilateral changes to wages, hours and conditions of employment without- consultation. City Manager Peacock noted this matter was discussed in closed session and the resolution before the Council is what was agreed upon. BURGER MOVED TO ADOPT THE RESOLUTION WHICH REVISES THE M~NAGEMENT COMPENSATION SYSTEM. The motion died due to lack of a second. Councilmember Monia stated this should be continued if the Councilmembers feel there is a misunderstanding. BURGER/TUCKER MOVED TO REVISIT THE MANAGEMENT COMPENSATION SYSTEM. PASSED 5-0. The Council briefly discussed the management salary ranges. Councilmember Monia stated his recollection is that the City Council agreed to adopt the resolution and commence immediately with looking at how the evaluation process will be conducted for the coming year. KOHLER/MONIA 'MOVED TO ADOPT RESOLUTION 85-9.95 AMENDING RESOLUTION 85- 9.69 SETTING MANAGEMENT SALARY RANGES FOR FISCAL YEAR 1993/94. PASSED 5-0. MONIA/TUCKER MOVED TO ADOPT RESOLUTION 93-028 ADOPTING A CAPITAL IMPROVEMENT PLAN FOR THE CITY FOR FISCAL YEARS 1993-1998. PASSED 5-0. MONIA/BURGER MOVED TO ADOPT RESOLUTION 93-029 CONCERNING THE IMPOSITION OF A TRAFFIC IMPACT FEE FOR THE CONSTRUCTION OF MEW DWELLING UNITS IN THE NHR ZONING DISTRICT. PASSED BURGER/MONIA MOVED TO ADOPT RESOLUTION 93-030 ESTABLISHING A SCHEDULE OF FEES. PASSED 5-0. Regarding fees for charitable organizations, Mr. Peacock stated staff has addressed temporary use permits in the resolution. He stated the Planning Director suggested two different fees. Mr. Peacock explained the fees. TUCKER/BURGER MOVED TO ARTICULATE BY MINUTE MOTION THAT IN ADOPTING THE BUDGET THE CITY COUNCIL HAS CONTINUED THE UTILITY USER TAX AT ITS CURRENT RATE OF 3.5%. PASSED 3-2 (Kohler, Monla No) B. 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 (second reading) Staff recommends that the City Council adopt the ordinance by title only, waiving further reading. L Mayor Anderson reopened the public hearing. Mr. Jerry Kocir, 12855 Saratoga-Sunnyvale Rd., stated the increase in the construction tax is high and if the cost of instruction increases, people will not be able to buy homes in Saratoga. He stated the construction tax should not be used to raise funds and the Council should find other sources. City Council Minutes 7 June 16, 1993 Mayor Anderson closed the public hearing at 9:51 p.m. In response to Councilmember Kohler's question, Mr. Peacock stated the proposed construction tax is compatible with the surrounding cities. He noted the increase is more than 50%, but the cost has not increased for many years. KOHLER/MONIA MOVED TO ADOPT ORDINANCE 71-123 AMENDING SECTION 5-20.030 OF THE CITY CODE PERTAINING TO CONSTRUCTION TAX BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. C. Ordinance to increase the rate of the City Transient Occupancy Tax from the current 8% to 10% (second reading) Staff recommends that the City Council adopt an ordinance by title only, waiving further reading. Mayor Anderson reopened the public hearing. Mr. Paul Hernandez, 13020 LaVista Dr., expressed displeasure about the increase and noted this will affect their competitive advantage. Mrs Hernandez stated the word "Transient" should be changed, she also expressed concern about the tax increase. Mayor Anderson closed the public hearing at 9:58 p.m. MONIA/KOHLER MOVED TO ADOPT ORDINANCE 71-124 TO INCREASE THE RATE OF THE CITY TRANSIENT OCCUPANCY TAX FROM THE CURRENT 8% TO 10% BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. 6. OLD BUSINESS - None. 7. NEW BUSINESS A. Proposed Increased Assessments for certain Zones of Landscaping and Lighting District LLA-1 Staff recommends that the City Council receive public input. City Engineer Perlin presented the staff report dated June 16, 1993. Mr. Perlin reviewed a map outlining the lighting districts. He noted the purpose of this meeting is to receive public input and a formal protest hearing will be held on July 7, 1993. In response to Mayor Anderson's concerns, Mr. Perlin noted district 7 is divided into two separate zones, one being the lighting along the village area and the other is the lighting for the residents in the village area. City Manager Peacock explained the different types of lights and the costs associated with these. He stated the assessment increase for residents varies for every zone. Mr. Perlin reviewed the rate increase in the zone districts throughout the City. He noted all residents have received their notice as to the increases. Mr. Perlin stated property owners have a right to submit written protests, but the City Council can over-r~de a majority protest because these are existing assessment districts. Mayor Anderson asked if specific projects cause the assessment to increase, can the neighborhood protest the construction of the project. Mr. Perlin stated most of the assessment involves the maintenance of common areas by the City and if the homeowners want to maintain this themselves, the City Council can consider their request. Mr. Forrest Pontenberg, 19000 Bonnet Way, questioned the halting of the construction of the sound wall. City Council Minutes 8 June 16, 1993 Mr. Perlin stated part of the wall had to be redesigned and this caused the delay. Mr. Perlin noted that the notices regarding the assessment were sent out, but did not specify why the assessment increased~ Mr. Alden Bloxham, P.O. Box 120, Los Gatos, owner of property on Big Basin Way, parking district #3. Mr. Bloxham reviewed the parcels he owns and how the assessment will affect him. He spoke"in support of volunteers maintaining the landscaping in this district and noted he already takes care of this landscaping. Mr. Bloxham reviewed his protest letters as presented to the City Clerk. Mr. Edward Ebejer, 12658 Kane Dr., reviewed the cost of repairing the Greenbriar sign and noted the assessment is much more. He suggested the Greenbriar sign be eliminated and the money fund a two lane exit- onto Cox. Mr. Kenneth Johnson, 20048 Puente Ct., stated he is protesting the increase in the assessment of LLA-1 zone 3. He noted previous assessments in this zone were much lower. Mr. Johnson reviewed the assessments over the years and noted the proposed assessment for the entire district is $16,764 which is almost a 400% increase. He stated he was informed that the only new capital item to be accomplished for this fiscal year is the entry sign for the Greenbriar subdivision. He noted the amount estimated for this is $8500. Mr. Johnson stated he would like a statement which explains what the assessment is paying for. Mr. Otto Crawford, 12471 Green Meadow Ln., reviewed some of the past assessments in parking district 3. He feels the assessment increase is getting out of hand. ~e noted business owners can not accept this increase without going out of business. He pointed out that the parking district is poorly maintained. Mr. Crawford stated that businesses in the Village area who use this parking district should be included in the assessment. Mr. Robert Cancellieri, 14860 Cody Ln., stated this increase has come when everyone is hurting in this recession. He stated when a land owner is taxed, pressure is put on the business owner too. Klaus Pache, 14555 Big Basin Way, noted his property was dividedto develop condos and now he is faced with double tax. City Manager Peacock stated this is an issue of the method of assessment and the City Council may wish to discuss this. Mr. Glen Sullivan expressed concern about the maintenance of the parking lot on Big Basin Way. Mr. Joseph Masek, owner, La Mere Michele, stated he objects to the increase in the tax. He noted he maintains his own property and landscaping. Mr. Masek stated his lighting provides light for the access to the parking lot. City Manager Peacock stated more than 50% of the cost of the assessment is for power to the lighting and the City has no control over this cost as rates are set by the CPUC. Councilmember Burger requested a listing of the districts, the,change in the assessment and what the assessment is for. city Engineer Perlin stated last year the finance director took a look at the history of the zones and compared these. In a number of zones there were surpluses that had built up over the years. He noted last year the City made a one time correction, where they applied the surplus to last years assessment. He stated the affect of this was that it artificially lowered the assessment last. year. City Manager Peacock stated some of the original zones are still being partially paid for by property tax. In response to Councilmember Monia's question regarding not increasing assessments, Mr. Peacock stated maintenance work and lighting would only be provided to the City COuncil Minutes 9 JUne 16, 1993 extent funds were available. In response to Councilmember Monia's question regarding majority protests in an existing district, Mr. Peacock stated the issue is the amount of the assessment. He added if the City Council determines, because of the majority protest, there will be no assessment, the money for that zone will be used up and landscaping will.not be maintained, lights will also be turned off. City Attorney Riback stated the~majority protest for increasing the assessment has no impact. City Engineer Perlin stated the property owner has the right to protest" the increase, but the City Council decides what to do. Mr. Peacock stated a district can disband through action of the City Council. B. Fifth Amendment to Agreement to Provide Local Law Enforcement Agency Access to Callfornia Identification System Staff recommends the City Council approve the amendment and authorize the Mayor to execute. City Manager Peacock presented the staff report dated June 16, 1993. BURGER/KOHLER MOVED TO APPROVE THE AMENDMENT TO AGREEMENT TO PROVIDE LOCAL LAW ENFORCEMENTAGENCY ACCESS TO CALIFORNIA IDENTIFICATION SYSTEM AND AUTHORIZE THE MAYOR-TO EXECUTE. PASSED 5-0. C. Waiver of Pl-mhlng Permit Fees for Low Flow Toilet Fixture Retrofit Staff recommends that the City Council authorize a waiver of plumbing permit-fees for low flow toilet fixtures which will replace existing fixtures for a period of one year. BURGER/KOHLER MOVED TO AUTHORIZE A WAIVER OF PLUMBING PERNIT FEES FOR LOW FLOW TOILET FIXTURE RETROFIT. PASSED 5-0. D. Memo Authorizing Publicity for Upcoming Hearings - Landscaping and Lighting Assessments Staff recommends that the City Council approve the publicity as recommended. There were no additional items. 9. CITY COUNCIL ITEMS City Manager Peacock requested the Council move to item 9D at this time. 9.' D. Actions in connection with Leonard Road Improvement District City Manager Peacock stated this is a series of actions which would create, for financial purposes, a parking authority and a joint powers financing authority for the refinancing of parking district Number 3 bonds. He added it will also create ways to finance the Leonard Road Improvements District if it is formed. 1) Resolution Activating Saratoga Parking Authority KOHLER/TUCKER MOVED TO ADOPT RESOLUTION 93-031 ACTIVATING SARATOGA PARKING AUTHORITY. PASSED 5-0. 2) Resolution Approving Joint Exercise of Powers Agreement creating the Saratoga Public Financing Authority - City and Parking Authority City Council~Minutes 10 June 16, 1993 KOHLER/TUCKER MOVED TO ADOPT RESOLUTION 93-031.1 APPROVING JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SARATOGA PUBLIC FINANCING AUTHORITY - CITY AND PARKING AUTHORITY. PASSED 5-0. 3) Resolution approving Agreement for Legal Services (Saratoga Reassessment District No. 1993-1) KOHLER/TUCKER MOVED TO ADOPT RESOLUTION 93-031.2 APPROVING AGREEMENT FOR LEGAL SERVICES (Saratoga Reassessment District No. 1993-1). PASSED 5-0. 4) Resolution approving Agreement for Legal services (Leonard ROad Assessment District) BURGER/TUCKER MOVED TO ADOPT RESOLUTION 93-031.3 APPROVING AGREEMENT FOR LEGAL SERVICES (Leonard Road Assessment District). PASSED 5-0. 5) Adjournment to Meeting of Parking Authority Immediately Following TUCKER/KOHLER MOVED TO ADJOURN TO THE MEETING OF PARKING AUTHORITY IMMEDIATELY FOLLOWING. PASSED 5-0. MEETING OF SARATOGA PARKING AUTHORITY Roll Call - All Councilmember present. 1) Resolution approving Joint Exercise of Powers Agreement Creating the Saratoga Public Financing Authority MONIA/KOHLER MOVED TO ADOPT RESOLUTION 93-031.4PA APPROVING JOINT EXERCISE OF POWERS AGREEMENT CREATING THE SARATOGA PUBLIC FINANCING AUTHORITY. PASSED 5-0. - 2) Resolution of Intent to Adopt Conflict of Interest Code and to invite comments - Parking Authority KOHLER/BURGER MOVED TO ADOPT RESOLUTION 93-031.5PA OF INTENT TO ADOPT CONFLICT OF INTEREST CODE AND TO INVITE COMMENTS - PARKING AUTHORITY. PASSED 5-0. City Manager Peacock stated the date should read June 16 to July 13. TUCKER/BURGER MOVED TO ADOPT THE ABOVE RESOLUTION WITH THE AMENDMENT. PASSED 5-0. 3) Adjournment to Meeting of Saratoga Public Financing Authority Immediately Following MONIA/KOHLER MOVED TO ADJOURN TO THE MEETING OF SARATOGA PUBLIC FINANCING AUTHORITY IMMEDIATELY FOLLOWING. PASSED 5-0. MEETING OF SARATOGA PUBLIC FINANCING AUTHORITY Roll Call - All Councilmember present. 1) Resolution Approving Agreement for Legal Services (Revenue Bonds, Series 1993) KOHLER/TUCKER MOVED TO ADOPT RESOLUTION 93-031.6PFA APPROVING AGREEMENT FOR LEGAL SERVICES (Revenue Bonds, Series 1993). PASSED 5-0. 2) Resolution of Intent to Adopt Conflict of Interest Code and to invite comments - Saratoga Public Financing Authority City Manager noted the same amendment should be made to this resolution as made above. MONIA/KOHLER MOVED TO ADOPT RESOLUTION 93-031.TPFA OP INTENT TO ADOPT City Council Minutes 11 June 16, 1993 CONFLICT OF INTEREST CODE/tND TO INVITE COMMENTS - Saratoga Public Financing Authority. PASSED 5-0. 3) Adjournment to Meeting of City Council Immediately Following KOHLER/TUCKER MOVED TO ADJOURN TO THE MEETING OF CITY COUNCIL IMMEDIATELY FOLLOWING. PASSED 5-0. MEETING OF SARATOGA CITY COUNCIL Roll Call - Councilmember all present. A. Oral Communications (continued) and instructions 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. Hakcne 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 ll. 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. County Cities Assn. Legislative Task Force - Monia Mayor Anderson noted she will be attending the ABAG meeting tomorrow and the major issue will be the Mid-State Toll Road. She noted she talked to the Mayors and Managers as well as Penny Lave and a majority of the cities did take a position to oppose this road. She stated this will be coming back for reconsideration and she will vote to oppose because she is representing the Cities Association. Councilmember Tucker stated Hakone will be presenting the City with a loan principal payment. She stated they did elect new officers at the Cities Association. She noted they also directed staff to draw up a model ordinance regarding graffiti. Councilmember Burger reported on the Sanitation District, noting they are still searching for a new district manager. She stated the problem is that the salary is not attractive enough. City Manager Peacock reported on the Cable TV Board. He noted the budget for next year was adopted and elections will be next month for a new chair and also to .consider the reappointment of a public member. He noted the other items discussed were volunteers and the cable casting of the City Council meeting. Mayor Anderson noted she received a phone call from a resident who was confused about a survey South Bay Cable was circulating. Mr. Peacock stated he will talk to South Bay. Councilmember Monia reported on the Legislative Task Force. He stated he has two opinions from attorneys at the City of Sunnyvale and the City of Cupertino regarding SB36. He noted copies will be passed to the other Councilmembers. Regarding Regional Governance, Councilmember Monia stated Valerie Brown's Bill will go through. He also noted that Saratoga has not taken a position on the sales tax. He added a letter should be written to the legislature indicating the City's position. City Council Minutes 12 June 16, 1993 City Manager Peacock stated it is his belief that the one half sales tax extension, if passed by the legislature, will have no positive affect on the cities, but will have a positive affect on the counties, and in turn will help the cities. He noted the League is in support of the tax extension one year at a time. Mayor Anderson stated if this tax extension will help the Counties and eventually help cities, Saratoga should write a letter of support, but with a time limit. The Council concurred. C. General Council Items 1) Agenda items for joint meeting with Chamber of - Commerce June 22 Mayor Anderson would like to discuss the Los Altos Chamber of Commerce business promotion program. 2) Other Councilmember Monia stated on May 24th there was an incident reported in Saratoga Creek. He stated the creek foamed up. City Manager Peacock stated they had a call from the Regional Water Quality Control Board staff. He noted the Fire Department and the City's Maintenance Department responded and found foam in various locations. He added the conclusion they reached was that the foam was from the rain wash off from the streets. Mr. Peacock noted he personally checked and had also seen the foam. He stated sampling and analysis was not deemed necessary. In response to Councilmember Monia's question, Mr. Peacock stated the Community Service Officer and the Maintenance Department will respond to any-calls regarding the creek. Mr. Peacock stated there has been no formalized training for this, it is a matter of experience. He stated the Hazardous Materials team will be contacted if there is doubt about the nature of the material observed in the creek. Mayor Anderson requested staff confirm when the test results from the Water Board sampling near St. Andrews School would be completed. 10. ADJOURNMENT The meeting adjourned at 11:30 p.m. to 8:00 p.m. on June 22 in the Administration Conference Room, 13777 Fruitvale Avenue Respectfully submitted, Catherine M Minutes Clerk