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Home My WebLink About10-26-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, October 26, 1993 - 7:30 p.m. PLACE: City Hall Administration Meeting Room, 13777 Fruitvale Ave. TYPE: Adjourned Regular Meeting 1. Roll Call Councilm~mbers Anderson, Burger, Monia and MayOr Tucker were ...... present. Staff members~preSent.were eity Manager Peacock, ~City · Attorney Riback, Public Works Director Perlin and Community Development Director Curtis. 2. Report of city Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was. properly posted on October 22. The notice of adjournment from the October 20 Council meeting was properly posted on October 21. 3. Public Hearing to allow Protests to the Construction of Improvements in connection with Leonard Road Assessment District Councilmember Kohler arrived at 7:35 p.m. $73,503 was the lowest bid for construction; other fees were also adjusted. The project cost is now $134,000; assessment~ have been revised. All revisions are contained in the revised!Engineer's Report. Councilmember Monia asked about the differing assessments for Parcels 8, 9 and ~0. Public Works Director Perlin stated~-that these changes are based on actual unit prices for work to be done specifically in front of these properties. Two protests have been received for Parcels 11 and 12 as of the time of the meeting. These parcels represent a 19% protest. The public hearing was opened at 7:45 p.m. Mr. Mosstand, the owner of Parcel 13, spoke. He said the area at the end of the street doesn't appear to have any improvements. There is a concern for fire access and lack of a fire hydrant at the end of the road. Would like last 100 feet to be paved as a part of the project. Parcel 12's protest is based on this factor as he understands it. Councilmember Kohler asked why he wanted it done. M~. Mosstand said the end is .not improved and should be for prqper access purposes. Public Works Director Perlin replied that these improvements would require right of way to create a cul de sac and would require changes which would alter the natural setting of the end of the road. This area is beyond the limits of the improvement. The road at that point remains private so far as access is concerned and could be improved jointly by the three property owners who have access. As for the fire hydrant, the fire chief was consulted and dfd not recommend any additional improvements regarding either access or an additional fire hydrant. Mr. Mosstand declared he now wished to protest the formation of the district. Mr. Kennedy felt that Parcels 11, 12, and 13 should have had improvements included or their assessments should be reduced. Also, if there is no hydrant, there should be one installed. He felt Mr. Perlin's decision was arbitrary as to where the project should stop. City Council Minutes 2 October 26, 1993 . The City is to get a written opinion from the fire district as to the fire hydrant. Mr. Davis, the'owner of Parcel 10, asked about the ~ost of his annual assessment. The response was that it was about $1020 a year. He said that this is about twice the amount he anticipated. The Council recessed at 8:20 p.m. to allow time to file additional protests. The Council reconvened at 8:35 p.m. with all members of the Council present. Written protests were reviewed and recorded as follows: Parcel 12 - Schuyler - 9.9% Parcel 11 - Durkett - 9.1% Parcel 10 - Davis - 14.7% Total protests represent 33.75% of the district. MONIA/KOHLER MOVED TO CLOSE THE PUBLIC HEARING. Passed .5-0 at 8:38 p.m. ANDERSON/BURGER MOVED TO ADOPT RESOLUTION 93-031.19 OVERRULING PROTESTS. Passed 5-0. ANDERSON/MONIA MOVED TO ADOPT RESOLUTION 93-031.20 ORDERING THE WORK. Passed 5-0. The contract will be awarded for the work at the November 3, 1993, meeting. Public Works Director Perlin reported that the right of way has been cleared. KOHLER/BURGER MOVED TO REFUND THE $15,000 OF ISSUING COSTS BACK TO THE OWNERS OF VILLAGE PARKING DISTRICT #3 BY CALLING AN ADDITIONAL $15,000 IN BONDS AND REDUCING THE ASSESSMENT TO THE PROPERTY OWNERS IN ALL FUTURE YEARS. Passed 5-0. 4. Resolution making supplemental appropriation not~ to exceed $10,000 for Hakone Gardens Water System, Capital Project No. '981 adjust Public Works Director Perlin reviewed the need to the construction contract to complete installation of the[ irrigation system at the bamboo garden by transferring $10,000 from Project No. 945 (Quito Park Final Phase). ANDERSON/BURGER MOVED TO ADOPT RESOLUTION 93-25.5. Passed 5-0. Public Works Director Perlin is to provide payback schedule on cost savings for the City Council at a future meeting. 5. Resolution approvlng the Alternative Method of Tax Apportionment (Teeter Plan) Requested to be taken off calendar for further review. ANDERSON/KOHLER MOVED TO HAVE THE FINANCE COMMITTEE REVIEW THIS ITEM BEFORE THEY BRING IT BACK ON NOVEMBER 9. Passed 5-0. 6. POTENTIAL SALE OF PAUL MASSON MOUNTAIN WINERY ANDERSON/KOHLER MOVED TO PLACE THE MOUNTAIN WINERY ON T~E AGENDA TO RECEIVE INFORMATION ONLY. Passed 5-0. Councilmember Monia asked that discussion of this item ble placed on a future agenda after staff consults with other agencies as to potential interest in acquiring the property. Anderson questioned the amount of effort which should be put forth if Mr. Collishaw only owes $800,000 on the property. Councilmember Monia suggested the City may wish to ask Collishaw directly if the property is going to come on the market. City Council Minutes I ~ 3 OCtober 26, 1993 ~ There was consensus to agendize for November 9 after~talking to Collishaw. 7. Adjournment to closed session on potential litigation in the case of BAS Homes. The meeting was adjourned to the closed session at 9:25 p.m. The meeting was reconvened at 9:40 p.m. and it was ann6unced that no action had been taken. Respectfully submitted, City Clerk