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HomeMy WebLinkAbout02-16-1994 City Council Minutes MINUTES ~' ~ SARATOGA CITY COUNCIL TIME: Wednesday, February 16, 1994 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session on City Attorney Evaluation - 7:00 p.m. Public Works Conference Room (adjacent to Civic Theater ~obby) Pledge of Allegiance X. ROLL CALL Councilmembers Present: Burger, Kohler, Anderson, Monia, Mayor Tucker Staff Present: City Attorney Riback, Acting .City Mar~ger Perlin, Finance Director Shriver. 2. CEREMONIAL ITEMS A. Resolution conunending Fran Krezek for Servic on Library Commission Mayor Tucker presented the resolution to Ms. Krezek. 3. ROUTINE MATTERS A. Approval of Minutes -2/2; 2/8 Councilmember Anderson addressed the minutes of 2/2. Sh, noted under the discussions regarding the Ebrahimoun matter she votel on the City Attorney's advice. Councilmember Monia suggested that this matter be transcr bed verbatim and be brought back for approval. He is concerned that there may be some legal action by the applicant/appellant in the future and it would be worthwhile to have the verbatim transcription. City Attorney Riback stated the Council can request the verbatim' minutes, but if these are to be the official minutes of 'Lhat meeting, they should be transcribed now and the Council should ap]~rove them as the official minutes of that meeting. MONIA/ANDERSON MOVED TO TRANSCRIBE VERBATIM, THE PUBLIC HEARING ON THE EBRAHIMOUN MATTER TO BE APPROVED BY THE CITY COUNCIL. In response to Councilmember Kohler's question, City Atl.orney Riback stated when the City Council approves the minutes, thosemhnutes become the official record of that meeting and the document submitted in court. He stated it would be helpful to have the verbata.m minutes. The above motion was carried 5-0. Councilmember Kohler amended the minutes of 2/2 as foll(ws: Page 9, City Attorney's comments change the word "relaxed" to "la~xed". BURGER/KOHLER MOVED TO APPROVE THE MINUTES WITH THE EXC]PTION OF THE EBRAHIMOUN APPEAL. PASSED 5-0. BURGER/KOHLER MOVED TO APPROVE THE MINUTES OF 2/8, A PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/BURGER MOVED TO APPROVE THE WARRANT LIST. PASSED -0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for thi meeting was properly posted on February 11. 4. CONSENT CALENDAR City Council Minutes 2 Februa:~y 16, 1994 A. Previously-Discussed Items · 1) Resolutions on Ebrahimoun Appeal reconsid~:red on 2/2 MONIA/EURGER MOVED TO ADOPT A RESOLUTION DENYING AN AP[EAL FROM THE DECISION OF THE PLANNING COMMISSION; APPLICANT/APPELLAN¶' EBRAHIMOUN; 15170 EL CANINO GPa~NDE V-93-026. PASSED 4-1 (Kohler opp~sed). MONIA/BURGER MOVED TO ADOPT A RESOLUTION DENYING AN AP[EAL FROM THE DECISION OF THE PLANNING COMMISSION; APPLICANT/APPELLAN~ EERAHIMOUN; 15170 EL CANINO GRANDE DR-93-030. PASSED 5-0. E. New Items 1) Planning Commission Actions, 2/9 - Note a] file. 2) Library Commission Actions, 1/26 Note a]~d file. 3) Parks and Recreation Commission Minutes, 1/17 - Note and file. 4) Finance committee Minutes, 2/8 Note and file. 5) Resolution Accepting Offer of Dedication f.~r Pedestrian and Landscape Easement along Fruitvale Averue, Tr. 8559 (Kerwin Ranch) (Developer, Kerwin Ranch ~. P. ) ~ 7 ) Approval of Memorandum of Understanding wit h Santa Clara Valley Water District for Storm Water Infiltration Device Program 9) Approval in concept of Special Events Permit for Los Gatos Rotary Club Great Race, Februar{ 27, 1994, conditioned on compliance with all requir ~ments 11) city Financial Reports for January: a) Treasurer's Report b) Investment Report c) Financial Report d) EusinesS License Revenue to Date The Councilmembers requested the removal of the following htems: Kohler #6, Tucker #8, Monia #10, Burger #12. BURGER/KOHLER MOVED TO APPROVE CONSENT CALENDAR SECTIO B WITH THE EXCEPTION OF ITEMS 6, 8, 10 AND 12. PASSED 5-0. 6) Resolution accepting offer of dedication for sl ,e easement, Lot 13, Tr. 7761 (Mr. Eden Estates) (Deve] 0per, Harbor Builders); Resolution abandoning previous ease ~ent In response to Councilmember Kohler's questionS, Acting City Manager Perlin stated this action is modifying the slope easeme] t, which was offered on the final map to reflect the physical location ~f the slope. He noted this will redefine the slope easement so it c~ rresponds to where the slope actually exists. MONIA/BURGER MOVED TO APPROVE ITEM 6 OF THE CONSENT CALE [DAR. PASSED 5-0. 8) Approval of Contract with Matt Novakovich for Tansplanting Trees from Kerwin Ranch to Heritage Orchard in Ln amount not to exceed $2500 Mayor Tucker stated she would like information from st ff regarding cost. City Council Minutes 3 Februa'y 16, 1994 Acting City Manager Perlin stated the 400 trees include 'eplanting of new trees to fill up the orchard. He outlined the cost f,~r replanting the trees from Kerwin Ranch as opposed to purchasing the trees from a nursery. He noted staff believes that this will be a ood start to preserving trees in the orchard and to obtain trees at a gDod cost. He addressed the heritage lane and noted they have solicited 3ids for work on the trees, noting some of the work will be done by pri~!ate property owners. In response to Councilmember Anderson's question, Mr. [erlin stated most of the trees are three years.old and are approximatel 5 ft. tall. Mayor Tucker suggested that the Council receive a report one year on the progress of the trees. Acting City Manager Perlin stated the orchard is maint ned and the City does receive an annual report. He added the orchar( needs to be continually rejuvenated with new stock. TUCKER/BURGER MOVED TO APPROVE ITEM 8 WITH THE CONDITION THAT THEY RECEIVE A REPORT IN ONE YEAR. PASSED 5-0. 10) Hakone Foundation Report of Receipts and Disbursements - Second Quarter 1993-94 Councilmember Monia requested that staff be directed to ~sk Hakone to prepare a cash flow to show that they will be able ~o pay their obligation and a pro-forma balance sheet showing the .ease of the Cultural Center. MONIA/ANDERSON MOVED TO APPROVE ITEM 10 OF THE CONSENT CALENDAR AND REQUEST THROUGH STAFF, THE ADDITIONAL DOCUMENTS. Councilmember Anderson stated she would like a detailed 'eport on the rental income and the result of the additional staff hou Councilmember Monia stated he would add this to his motion. The above motion, with the additional request by Councilme~ber Anderson was carried. Passed 5-0. 12) Approval of Congress Springs Park Improvement: proposed by Little League city Attorney Riback stated that there should be a clear ~nderstanding that in approving this proposal the City is also going to require that the Saratoga Little League enter into an agreement wit~ the City to provide insurance and indemnification to the City during construction of the improvements. He noted this is standard operating >rocedure for the City. He added the City of Saratoga and Little League already have a maintenance and use agreement which was entered into in July for the use of the current improvements. He noted this agreement does provide for indemnification and insurance with regards to Lhe existing improvements. Councilmember Monia stated an alternative would be fo' the Little League to sign up as volunteers and they would be cove ed under the City's Workers Compensation Program. City Attorney Riback agreed that this is an option. Councilmember Monia suggested approving this item, pendin, an agreement reached on the liability issue. Councilmember Burger stated, if the City wishes, they ~an waive the inspection and permit fees as outlined in the staff repo]t. She noted she would support this because the benefit to the City Tar outweighs the cost. BURGER/KOHLER MOVED TO APPROVE ITEM 12 OF THE CONSENT CALENDAR WITH THE CONDITION THAT THE CITY BE ALLOWED TO NEGOTIATE WITH THE LITTLE LEAGUE City Council Minutes 4 February 16, 1994 TO DETERMINE THE INSURANCE ISSUE. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL C~)MMUNICATIONS - None B. ORAL COMMUNICATIONS: - None C. WRITTEN COMMUNICATIONS - None 6. OLD BUSINESS None ?. NEW BUSINESS None A. Annual Review of Investment Policy - Finance Dhrector Ms. Shriver, Finance Director, presented the staff report dated February 16, 1994 and reviewed the changes in Sections II III B1, III B2, and IV, as outlined in the staff report. In response to Councilmember Monia's question regarding th reserve for housing, Ms. Shriver stated the prior policy indicates thet this can be invested any way the City wishes, up to three years. She noted it specifically dealt with the amount of the reserve. She stated the City can still invest anyway it chooses, but the amount is no' specified. Ms. Shriver stated this matter will be brought before t] Council on March 16, 1994. MONIA/BURGER MOVED TO ADOPT THE AMENDED INVESTMENT POLICY. PASSED 5-0. B. Transmlttal of Annual Audited Financial Report~ Ms. Patricia Shriver, Finance Director, presented the ~taff report dated February 16, 1994. She noted the report ~as been ~?eviewed with the auditors by the Finance Advisory Committee. Ms. ShrLver reviewed the combined revenues as well as the combined expenditures, as outlined in the staff report. The reconciliation of C.A.F.R. to budgeted reserve requirement was reviewed along with the fiscal ~.mpacts. She stated she is recommending as a follow up that month-End financial reports are carefully monitored and appropriate measure should be taken to guard against expenditure budget overruns and revem.e shortfalls during the remainder of this fiscal year. In response to Councilmember Monia's question regardin SW/NE Road funds, Ms. Shriver stated currently, restricted funds ar, included in the reserves, but the direction the Finance Committee is ~oing, is to exclude the restricted funds from the calculation and set a cash reserve policy for the general fund balance. Regarding the business license fees, Ms. Shriver stated they go through the State Board of Equalization to track fees. She noted that each year the auditors take a look at an expenditure of some s~gment of the operation. She noted the Recreation Department received new software and in Finance they were having problems with their data matching the cash sent over, so the auditors looked at this. Councilmember Anderson stated the Youth Commission/Warner Hutton House finances should be included in the recreation package. Ms. Shriver stated she will look into this matter. Councilmember Burger thanked Ms. Shriver for her reslonse to the current year recommendations. She stated the software ~eing used by the Recreation Department is not capable of reserving buildings and it cannot interface with the City's Finance Department. She ~sked if this can be changed. Ms. Shriver stated the City has a licensing agreement an~ they do not own the software. She noted they do not have the iuthority or City Council Minutes 5 Februa~ry 16, 1994 technical capability to reprogram the software. She note if the City wants to expand its software and interface they would hav to purchase the programs from the same vendor. Ms. Shriver briefly reviewed the costs of software currently used by the City. Councilmember Monia questioned the recording of receipts from Hakone, Parks and Recreation, etc. Ms.. Shriver stated checks and cash are brought over daily with the deposit slip, they also have a summary of the revenue fo] the day and this is matched with the cash receipt on a daily basis. MONIA/BURGER MOVED TO NOTE AND FILE. PASSED 5-0. C. Memo Authorizing Publicity for Upcoming Hearings - None. 8. PUBLIC HEARINGS - None. 9. CITY COUNCIL ITEMS A. Oral communications (continued) and instruct] ~ns to staff regarding actions on current oral communicatio]~s 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 - Tucker 8. Water District Commission - Anderson 9. Santa Clara County Cities Association - T~cker 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 - Burger 15 County Cities Assn. Legislative Task Forc - Monia 16 Emergency Planning Council - Kohler 17 Congestion Management Agency Advisoz Board - Burger/Tucker 18. Local Transportation Authority Policy AdvLsory Board - Kohler/Anderson Councilmember Monia reported on Cable Television noting ~hat the City needs to be more knowledgeable as to what may happen to the cable system because of Pac-Bell's decision. He added the genaral sense is that they are looking at major changes in the next five years, to cable as it is known today. He noted the City needs to be aware of what the changes will mean from a revenue stream and also Channel 6. Regarding Channel 6, Councilmember Monia stated work is moving along and they are having more activity and training sessions. He added they are reaching limitations and funds are becoming scarce. He noted the work product has grown so much that the person making it happen is doing administrative duties and the programming is suffering. He added they are working on this problem. Mr. Monia stated, cu2rrently, KSAR receives 40% of the franchise fee, and at some point th,~ Council may see requests to expand programming, but at a cost. He slated the new technology is wireless, super highways, and the questio! is who will regulate this. Councilmember Anderson stated a staff person from San Jose made a recommendation that Saratoga should lay the work as a ity and then lease it out. Acting City Manager Perlin stated he has been to several neetings with Pac-Bell and they are slowly releasing more informati~ about their plans and Saratoga will benefit from these plans. He s~ted they are City Council Minutes 6 Februa~:y 16, 1994 currently working with the Pubic Works Department on encroachment permits etc. Mayor Tucker asked if underground utilities could be don~ at the same time Pac-Bell is doing its work. Acting City Manager Perlin stated they are two differen~ systems and Pac-Bell's plans have nothing to do with the existing uiility plant. He stated he will put information regarding this mat'~er into the Councilmembers mail boxes. Councilmember Monia encouraged staff to research who is th~ controlling entity. Mr. Perlin stated a Cable Company has filed a ~uit with the PUC against Pac-Bell. He noted there are many que~.tions to be answered. Mayor Tucker stated she will raise this issue at the next Cities Association meeting. Councilmember Anderson reported on the Transportation me~ting, noting they covered the bicycle plan for the county. She state( errors have been found on the map. Acting City Manager Perlin stated a member of the Saratoga Bicycle Committee has volunteered to work with the County. Councilmember Anderson stated the head of the Transportation Agency will go to Washington D.C. and there will be a farewell p~rty for him. Councilmember Burger reported on the Flood Control Advisoly Board. She stated the construction of freeways and the rebuilding ozT bridges has resulted in, what the Flood Control believes is a change to the FEMA Flood Plain Map. She stated this may benefit some Saratioga residents because they would no longer be required to carry flood in]urance. She noted they are working with a number of agencies regardi]~g this. Acting City Manager Perlin stated the responsibility lies with the City to change the maps, but the freeway work is being don~ by outside agencies and they are unable or unwilling to provide the i~]formation to revise the maps. He stated staff is working on this. Mayor Tucker reported on the Peninsula Division Dinner an, noted there were three guest speakers. Mayor Tucker reported on the Santa Clara County Cities Association noting that Becky Morgan gave a presentation on Joint Venture and would like the Cities to participate. Mr. Perlin stated the City has received a formal request f~r a donation or contribution for Joint Venture, and this has been placed into the folder of budget requests. Mayor Tucker stated direction was given at the Cities Association meeting, to Councilmember Anderson regarding Regional GOvernment, to not support it. Councilmember Kohler stated the Emergency Managers Asso. iation meets once a month to discuss the implementation of the issues C. General Council Items 1) Agenda items for adjourned regular meetin March 8 a. Jt. meeting with Public safety Comz .ssion - See attached memo for Commission,s items; add Relocation of Sheriff's Office. b. Jt. meeting with Saratoga School District - Use of school facilities for City progra~s~ crossing guards and car pooling or other consLderations by the District. City Council Minutes 7 Februa~ry 16, 1994 There was a consensus of the Council to direct staff t(, communicate with the School District and set up a date to have their meeting. 2) Other Mayor Tucker stated the Chamber of Commerce will spearhea the highway 85 celebration and anyone who wants to participate shoull contact the chamber. She noted they had a committee meeting to re~ .ew possible charities taking part in the celebration. She added the celebration. will be on October 15th and 16th. 10. ADJOURNMENT The meeting adjourned at 9 p.m. to next meeting on Tues(ay, February 22, at Administration Meeting'Room, 13777 Fruitvale Avenue for joint meeting with Planning Commission and Finance Committee nterviews at 7:00 p.m. Re~u~y submitted, Catherine M. Ro~i~ard Minutes Clerk