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HomeMy WebLinkAbout10-20-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, October 20, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:00 - Closed session on potential lltlgation in the case of BAS Homes Old Council Office (next to Civic Theater lobby) Pledge of Allegiance 1. ROLL CALL Councilmembers present: Kohler, Burger, Anderson, Monia, Mayor Tucker Staff Present: City Manager Peacock, City Attorney ~Riback, City Engineer Perlin Mayor Tucker thanked Pepsi Cola for supplying the drinks. 2. CEREMONIAL ITEMS A. Presentation of Check from Friends of ' aries Llbr Ms. Peggy Corr, President, Friends of the Libraries, noted they have a check in the amount of $20,000 to present to the City. She noted this check represents proceeds from the Book-Go-Round ~and the Book Auction. She noted it also represents the dedication of many people who volunteered their time to work at the special book ~ales and the book around. She noted the money will be used to purchas~ children and adult books as well as periodicals and books on cassettes. A check for $20,000 was presented to Mayor Tucker from the Friends of the Libraries. B. Resolution Declaring October 27, 1993, as National Unfunded Mandates Day Mayor Tucker stated the City will support the National League of Cities in their campaign to oppose unfunded mandates. She als6 thanked the Councilmembers who artended the League of california's Geheral Session for their participation. MONIA/ANDERSON MOVED TO ADOPT ARESOLUTION DECLARING OCTOBER 27, 1993, AS NATIONAL UNFUNDED MANDATES DAY. PASSED 5-0. 3. ROUTINE MATTERS A. Approval of Minutes 9/21; 10/6; 10/12 Councilmember Anderson requested a change to the minutes of 9/21: Under item 4, she noted she excused herself momentarily.[ MONIA/KOHLER MOVED TO TABLE THE APPROVAL OF THE MINUTES OF 9/21, AT THIS TIME. PASSED 4-1 (Burger NO). Mr. Bert Martel,'14420 Fruitvale Ave., addressed the minutes of 10/6: Page 4, he noted "Greg" should be "Greig". He noted he would like a statement added to his comments in the minutes to read "All of the land animals on the Wildlife Sanctuary at West Valley College are dead". Councilmember Kohler made the following amendment to the minutes of 10/6: Page 2, 1st paragraph, he stated his main thrust of his statement was that City Hall is not a forum for United Nations Day and feels money and time spent on this is wasted. Councilmember Kohler asked about the procedure for approving proclamations. City Attorney Riback stated Mayoral Proclamations are brought to the Council for discussion, but the Mayor has the prerogative to execute a proclamation. He noted Resolutions are voted on. City Council Minutes 2 October 20, 1993 Councilmember Monia questioned the approval of the minutes. City Attorney Riback stated it is the Councilis decision to either approve the minutes with a motion or they can stand as corrected. He noted both options are legal. MONIA/KOHLER 'MOVED TO APPROVE THE MINUTES OF 10/6, AS AMENDED. PASSED 5-0. Regarding the minutes of 10/12 Councilmember Monia stated the draft beln · open space element should show the changes which have made ANDERSON/KOHLER MOVED TO APPROVE THE MINUTES OF 10/12, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List In response to Councilmember Kohler's questions regard, ing computer expenses, Mr. Peacock stated the City is going through the process of replacing old computers and this was approved in the budget. He also addressed the cost for picking up dead animals. Councilmember Anderson suggested a notation regarding the pick up location of dead deer. ANDERSON/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 for this meeting was properly posted on October 15. 4. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance permitting a code violation to be charged as an infraction rather than a misdem'eanor at the discretion of the enforcing authority (s~econd reading and adoption) ANDERSON/BURGER MOVED TO ADOPT THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. B. New Items 1) Planning Commission ActionS, 10/13 - Note and file. 2) Parks and Recreation Commission Minutes; 9/13 - Note and file. 3) Public Safety Commission, 10/11 - Note ~nd file. 4) Change of Job Title from Administrative Assistant to Administrative Analyst 5) Adoption of CDBG County/City Contract ~r FY 1993-94 7) city Financial Reports for September: a. Treasurer,s Report b. Investment Report c. Financial Report (final financial report for quarter and fiscal year) 8) Quarterly Quarry Creek Trust Report ~ouncilmember Burger requested the removal of item 6. city council Minutes 3 October 20, 1993 BURGER/KOHLER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 6. PASSED 5-0. 6) Award of ContraC~ for installation of lighting system for monument sign on seagull Ave. median strip to Solectrlc Electrical Contractor in the amount of $8582 Councilmember Burger questioned the appearance of this monument sign and the lighting. City Engineer Perlin stated this matter was discussed with the President of the Homeowners Association. He stated tha solar panel post will be screened by landscaping. BURGER/KOHLER MOVED TO APPROVE ITEM 6 OF THE CONSENT CALENDAR. PASSED 5-0. C. CLAIMS 1) Claim of Rintala concerning bond refund Staff recommends that the City Council reject the claim.. ANDERSON/BURGER MOVED TO REJECT THE CLAIM. PASSED 5-0. 2 ) Claim of Sharon concerning landscaping and lighting district assessment· Staff recommends that the City Council reject t]~e claim as insufficient. City Attorney Riback explained that the claim is not an appropriate claim for the City to consider and this the reason to rejict the claim as insufficient. ANDERSON/MONIA MOVED TO REJECT THE CLAIM AS INSUFFICIENT. PASSED 5- 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS City Manager Peacock addressed an oral communication from a previous meeting regarding the occupancy issue at the Country Store Restaurant. He noted staff is working with the owner regarding the capacity. Mr. Lo Tho Ave., stated he is spe king to the Council on Councilmember conduct. He believes there is hisuse of the positions held by the women on the Council. Mr. Thorpe addressed the appointment of the recent Planning Commissioner and ~believes the procedure was not followed properly and the merits of e~ch candidate was not considered by the Council. He expressed concern about the misuse 'of the Councilmembers and noted they were elected! to represent all the residents of the City and not just special interest groups. Mr. Bert Martel, 14420 Fruitvale Ave., addressed the !Quarry Creek restoration and the West Valley College Wildlife Sanctuary. He noted believe the Fish and Game Department are aware project. He stated the wetlands which are proposed at West Valley~ College will be on the Wildlife Sanctuary. He stated Quarry Creek =is giving up wetlands which will not be regained at West Valley College. Mr. Martel expressed concern about the wetlands being near the baseball stadium and also expressed concern about damage done to the. wetlands in previous years. Councilmember Kohler asked what the feeling is on campus regarding the City Council Minutes 4 October 20, 1993 wetland project. He stated the money for this project i being taken from the Quarry Creek restoration which is badly needed., Mr. Martel stated Mr. Kohler would need to talk to Mr. Rose at the College. Mr. Lou Killian, Deer Trail Court, thanked the City staff and Larry Perlin for the excellent work for the improvements on the Mount Eden Estates drainage creek. C. WRITTEN COMMUNICATIONS 1) Gov. Pete wiison, calling for revisions to the Federal Fair Labor Standards Act as it relates to Overtime Pay for Public Employees Staff recommends that the City Council support the action requested by Governor Wilson and direct the City Manager to act accordingly. City Manager Peacock stated Councilmember Monia attended~ a conference and obtained a copy of the Northern District of Calif rnia, United States court decision which contradicts previous decisions. He suggested the Council support the action requested by Governor Wilson. ANDERSON/KOHLER MOVED TO SUPPORT THE ACTION REQUESTED! BY GOVERNOR WILSON AND DIRECT THE CITY MANAGER TO ACT ACCORDINGLY. PASSED 5-0. 6. OLD BUSINESS A. Resolution of Intention to Abandon Certain Policles from the Northwest Hillslde Specific Plan (resolution to be distributed before meeting) City Manager Peacock presented the staff report o~tlining the resolutions. Mr. David Krevanko, 14171 Teerlink Way, stated the resolhtions are of interest to the property owners. He encouraged the Council to go forward with abandonment of the policies. He stated he would like to know if there will be any refunds to the property owners!. City Manager Peacock stated it will be several month before the Planning Commission hold a public hearing to change the Rillside plan and then it needs to go before the City Council. He stated next June the City Council will no longer adopt AB1600 resolutiox~ and at that time the City will start the process of the refunds. Ie stated the City Attorney is looking into who the refund is sent to the current owner of record or the person who actually signed the ch~ck. Mayor Tucker encouraged Mr. Krevanko to keep in touch wi~h staff. In response to Councilmember Monia's question regarding a!legal opinion as to who will get the refund, City Attorney Riback state~d they should know within the Month. KOHLER/BURGER MOVED TO ADOPT A RESOLUTION OF INTENTION OF THE CITY OF SARATOGA TO COMMENCE PROCEEDINGS TO CONSIDER AMENDING THE ~ORTHWEST HILLSIDE8 SPECIFIC PLAN RELATING TO CONSTRUCTION OF A SW-NE ROAD. PASSED 5-0. ANDERSON/MONIA MOVED TO ADOPT ARESOLUTION OF INTENTION OF THE CITY OF SARATOGA TO COMMENCE PROCEEDINGS TO CONSIDER AMENDING THE NORTHWEST HILLSIDES SPECIFIC PLAN RELATING TO FORMATION OF BENEFIT ASSESSMENT DISTRICTS. PASSED 5-0. 7. NEW BUSINESS A.. Memo Authorizing Publicity for Upcoming Hear ngs Councilmember Burger addressed the Commercial Propert~ Maintenance Ordinance and noted she would like to see all the homeowners within 500 City council Minutes 5 October 20, 1993 ft. of all shopping centers notified. Mr. Peacock stated this would be very expensive and timing is a problem. Councilmember Burger expressed concern about the Argonaut Shopping Center. Mr. Peacock reviewed theproperty owners who will be notified. Councilmember Burger noted she will call the people Who expressed concern to her. Councilmember Anderson suggested putting a notice oh Cable T.V. Councilmember Kohler suggested posting the notices at the Shopping Centers. Councilmember Monia addressed GTE Mobilnet. He stated the notification should be clear that the appeal is for the screening. MONIA/KOHLER MOVED TO APPROVE THE PUBLICITY FOR UPCOMING HEARINGS. PASSED 5-0. 8. PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS A. Oral Communications .(continued) and instructions to staff regarding actions on current oral communications Mayor Tucker stated she did meet ~ith West Valley CollegeSand expressed what the Council directed. She noted if the Council wants a meeting it can be arranged. Councilmember Anderson suggested planning a meeting with the West Valley College in the near future, as they have not had a~ meeting with them in the last year. Councilmember Monia stated at this joint meeting they should discuss the control and overseeing of the wetlands. Councilmember Anderson stated she would like to discuss the availability of the theater at West Valley College for the City's recreation purposes. Councilmember Monia requested a report back on the joigt agreements between the City and the College as background for the meeting. Councilmember Anderson discussed having a meeting with the school boards. Mr. Peacock stated he would try to arrange them as a part of the 1994 master meetings calendar. B. Agency Assignment Reports 1. ABAG - Anderson 2 Cable TV Board - Monia 3 HCD Policy Committee - Tucker 4 'Transportation Commission - Anderson 5 Hakone Foundation - Kohler 6 Flood Control Advisory Board - Burger 7 League of Cities Peninsula Division - Tacker 8 Water District ,Commission - Anderson 9 Santa Clara County Cities Association - Tucker 10. Sister City Committee - Burger 11. Traffic Authority Policy Advisory Board - Tucker 12. Transit Assist Board - Burger 13. Senior Coordinating Committee - Burger 14. West Valley Sanitation District - Burgel 15. County Cities Assn. Legislative Task Force - Monia 16. Emergency Planning Council - Kohler Councilmember Anderson stated she will have an ABAG meeting on Thursday, but there is a general assembly meeting of ABAG next month. City Council Minutes 6 October 20, 1993 She stated the topic is.fixing broken government. Councilmember Monia stated he did meet with Cable but ho action was taken. He noted the Mobile T.V..Truck is finished and there was much time and effort put in by many volunteers. He stated before any video ?qu~p~ent is tFrned over to ~he schools, each district i~ust have an e icy Committee and not d the Policy Advisory Board approved arevised Campbell proposal w~ich gives an allocation of CDBG grant funds of $175,000 to SaratogaS. She noted there has been concern expressed about small cities not using their issue. Councilmember Anderson a e r t a 1. n these would count towards the affordable housing element ~equirements. She stated she would like to discuss this. Councilmember Anderson reported on the Transportation C6mmission and noted there is a measure on the ballot which has to do ~ith breaking off the Transit Board from the Board of Supervisors. ~ouncilmember Anderson stated the cost of this project was reconstrdcted and she believes the County will save money. She stated ]if the City participates, this may be the best way the City can have City participation in the Transit District. Councilmember Ahderson urged the City Council to reconsider their previous position oh this issue. Councilmember Kohler stated he would like to put this on the agenda at a later time for discussion. Councilmember Anderson noted they will have an election before the next Council meeting. Mayor Tucker stated that Councilmember Anderson has been ollowing this process and would support her decision. Councilmember Anderson made a motion to support the measure. The motion died due to lack of a second. Councilmember Kohler stated the smaller cities have not~been treated well and would support the Council's previous position. Councilmember Anderson expressed concern about the lack of representation for the City. The Council decided to take no position. Councilmember Burger reported on the Sister City Committae. She noted she and Mayor Tucker met with the president of the Sister City Committee and six visitors. She noted they discussed the ~lans for the 10th anniversary of the Sister City relationship and 1200t anniversary of Kyoto being the capital of Japan. Councilmember Burger stated she attended a League of Cali Drnia Cities conference and will prepare a report. C. General Council Items 1) Appointment of councilmember as representative on Policy Advisory Committee to CongestiOn Management Agency MONIA/KOHLER MOVED TO APPOINT COUNCILMEMBER BURGER AS A REPRESENTATIVE ON THE POLICY ADVISORY COMMITTEE TO CONGESTION MANAGEMENT AGENCY. PASSED 5-0. 2) Agenda items for adjourned regular meeting 10/26= Public Hearing for Protests to Proposed Public Improvements in connection with Leonard Road Assessment District City council Minutes 7 october 20, 1993 City Manager Peacock stated he would like to add t~ resolution regarding the change in the appropriation method of propelty tax to the agenda. He stated the BAS homes issue should also be disdussed at this meeting. City Engineer Perlin stated he would like to discuss the Hakone Water System at this meeting. Councilmember Monia stated the Mountain Winery may come up for sale and he would like to have a brainstorming session with the Council and staff to explore ways in which to keep this property intact. 1! wed Mayor Tucker stated this is a good idea and should be fol o closely. Councilmember Anderson stated the Open Space Element wasdeveloped to deal with issues such as the Mountain Winery. 3) Other Councilmember Burger stated she would like to serve for another year requested the City Manager write a letter. City Manager Peacock stated the letter s Councilmember Burger requesting a reappointment. Mayor Tucker and Councilmember Anderson stated they would like to continue serving on their committees. 10. ADJOURNMENT the meeting adjourned at 9:10 p.m. to~ next meeting at 7:30 p.m. on Tuesday, October 26, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. Robinlaid Minutes Clerk