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HomeMy WebLinkAbout08-03-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, August 3, 1994 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Special Meeting for the purpose of.a Closed Session - 7:00 in Public Works Conference Room (adjacent to Civic Theater Lobby) CONFERENCE WITH REAL PROPERTY NEGOTIATOR to discuss possible acquisition of property Property: Nelson Gardens, located at 20851 Saratoga Hills Road in Saratoga Negotiating parties: City of Saratoga, Community Foundation of Santa Clara County Under negotiation: Instruction to negotiator will concern method of acquisition, including price and terms of payment Pledge of Allegiance - 7:35 p.m. - Led by Don Macrae 1. ROLL CALL Councilmembers Present: Tucker, Jacobs, Moran, Wolfe, Mayor Burger Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin 2. CEREMONIAL ITEMS A. Resolution appointing Planning Commissioners Abshire, Patrick and siegfried TUCKER/MORAN MOVED TO ADOPT RESOLUTION 94-34. Passed 5-0. B. Administration of Oath of Office to above Administration of Oath of Office was given to Mr. Abshire and Mr. Siegfried. (Clerk's Note: Commissioner Patrick was unable to be present and took the oath before the Deputy City Clerk on August 8. ) 3. ROUTINE MATTERS A. Approval of Minutes - 7/20; 7/26 Councilmember Moran amended the minutes of 7/20 as follows: Page 3, 1st paragraph under item 5, second sentence should read "She stated she believes that the City should pursue the goal as stated in the agreement, to provide a safe, convenient and economical means for disposing of household hazardous waste." Third sentence, change the word "'that" to "those". Councilmember Tucker amended the minutes of 7/20 as follows: Page 5, 4th paragraph under item 1, 2nd sentence, change the word "should" to "could". WOLFE/TUCKER MOVED TO APPROVE THE MINUTES OF 7/20, AS AMENDED. PASSED 5-0. The minutes of 7/26 were approved as submitted. B. Approval of Warrant List TUCKER/MORAN 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 July 29.. City Council Minutes 2 August 3, 1994 4. CONSENT CALENDAR A. Previously-Discussed Items - None. E. New Items 1) Planning Commission Actions, 7/27 - Note and file. 2) Public Safety Commission Minutes, 7/11 - Note and file. 3) Heritage Preservation Commission Minutes, 6/14~ 7/12~ 7/25 - Note and file. 4) Library Commission Minutes, 7/27 - Note and file. 5) Award of Construction Contract for Congress Springs Netting, CIP 9307, to All West Golf Services in the amount of $61,511 7) Final Map Approval for 2 lots on Saratoga Avenue (SD93- 004)(Fine) Councilmember Moran requested the removal of item 6 of the Consent Calendar. MORAN/TUCKER MOVED TO APPROVE THE CON8ENT-CALENDAR WITH THE EXCEPTION OF ITEM 6. PASSED 5-0. 6) Resolution obligating CMA Funds for Saratoga-sunn~vale Road Improvements Councilmember Moran questioned the expenses incurred by the City regarding the improvements and clarified that the City is .making a commitment of $200,000 in order to take advantage of an offer to receive $900,000 fromOther agencies to complete the improvements. City Engineer Perlin stated Councilmember Moran's clarification is correct, but noted the design and environmental work will be started in October 1995 and this will take approximately 6 to 9 months. MORAN/JACOBS MOVED TO APPROVE IT]SM 6 OF THE CONSENT CALENDAR, RESOLUTION 94-35. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIO.NS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL COMMUNICATION8 B. ORAL COMMUNICATIONS 1) Greg Haas, San Jose Real Estate Board, speaking on behalf of Housing Action Coalition concerning need for affordable housing Mr. Carl Guardino, Vice President, Santa Clara County Manufacturing Group, speaking on behalf of the Affordable Housing Coalition, noted the goal of the c5alition is to build relatively affordable housing in the County. He noted many groups have expressed concern about the housing issue. Mr. Guardino presented a brochure titled "The Reality of Affordable Housing" to the Councilmembers. He noted people need to be educated as to the need for affordable housing in this Valley. Councilmember Wolfe thanked Mr. Guardino for coming to this meeting. He noted he has worked with the Housing Coalition and there is work to be done as far as affordable housing is concerned. Mr. Don Macrae addressed the closed session held by the Council earlier regarding the possible negotiation of acquiring Nelson Gardens. He stated he knew Mr. Nelson and his sister and would urge the Council not to develop this property as the dream of Mr. Nelson would be lost. He addressed two pieces of property acquired by the City of San Jose which are now parks enjoyed by the public. City council Minutes 3 August 3, 1994 Mr. Alan Malverson, 12390 Woodside Dr., congratulated the new Councilmembers and noted he looks forward to the progress of the new Council. Mr. Halverson expressed concern about gas power leaf blowers and noted each Councilmember has stated that these should be banned. He stated the Council should request that staff review the noise ordinance regarding this issue. C. WRITTEN COMMUNICATIONS 1) Recommendation from Publlc Safety Commission on Priority Locations for School Crossing Guards. Staff recommends that the City Council adopt the Priority List as presented. City Manager Peacock presented the staff report dated August 3, 1994 noting that Saratoga Ave. and Herriman crossing was not on the School Principals list because no particular school identifies with this as their particular crossing. In response to Councilmember Jacobs~ question regarding crossing guards at each of the locations, Mr. Peacock stated funding for five crossing guards will be provided. Councilmember Wolfe asked if the Public Safety Commission has a time line on when crossing guards will be placed at these locations. Mayor Burger stated this will be the Council's decision. Councilmember Moran asked what consideration went into the priority list. Mr. Gene OwRorke, Public Safety Commissioner, stated consideration was given to the history of the Public Safety Commission and complaints heard. He also noted they considered information received from the Sheriff~s office regarding accidents. He stated the list before the Council is the priority for crossing guards noting there is money in the budget for five guards. Councilmember Tucker questioned the crossing guard at Quito and Pollard and noted this also serves other communities. She asked if other communities are helping with the costs. Mr. Peacock stated if the City require help they may be asked to help with costs in other locations outside of Saratoga, but which serve Saratoga residents. TUCKER/WOLFE MOVED TO ADOPT THE PRIORITY LIST AS PRESENTED. PASSED . 6. OLD BUSINESS A. Minute Resolution concerning Management Compensation City Manager Peacock presented the staff report noting this item relates to the on-going effort to conduct a compensation study. Me stated this will take some time to complete and they will pass the current expiration date on the SEA contract. JACOBS/MORANMOVED TOAD OPT THE MINUTE RESOLUTION CONCERNINGMANAGEMENT COMPENSATION. PASSED 7. NEW BUSINESS A. Amendment to SEA Memorandum of Understanding agreeing to make economic items negotiated after August 31, 1994, retroactive to September 1, 1994 TUCKER/JACOBS MOVED TO APPROVE THE AMENDMENT TO SEA MEMORANDUM OF UNDERSTANDING AGREEING TO MAKE ECONOMIC ITEMS NEGOTIATED AFTER AUGUST City Council Minutes 4 August 3, 1994 31, 1994 RETROACTIVE TO SEPTEMBER It 1994. PA8SED 5-0. B. Ordinance moving Saratoga Municipal Election to November of even-n-mhered years (first reading and introduction) City Manager Peacock presented the staff report noting this matter was discussed by the City Council at their last meeting. He stated at that time they instructed the City Attorney to prepare an ordinance to be adopted by the Council to change City Council elections to November. He noted the 1996 elections will take place in November. MORAN/TUCKER MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. C. Ordinance amending various sections of the City Code pertaining to Enforcement of Non-Point Source Discharges (first reading and introduction) Staff recommends that the City Council introduce the ordinance by title only, waiving further reading. City Manager Peacock presented the staff report noting this represents technical changes to the current code in an effort to comply with certain requirements of the City~s and NPDES permits. He reviewed the changes as outlined in the staff report. He noted the changes are part of the requirement under the permit from the Regional Water Board. He noted the changes will strengthen the City~s enforcement abilities. MORAN/TUCKER MOVED TO INTRODUCE THE ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. D. Memo Authorizing Publicity for Upcoming Hearings - No meeting August 17. E. Proposed expanded recycling program and continuing residential yard waste collection services (NOTE: IF FINAL DOCUMENTS ARE NOT RECEIVED BY AUGUST 1, ITEm[ WILL BE CONTINUED TO SEPTEMBER.) City Manager Peacock stated the final documents were delivered yesterday and the Council can go forward if they choose to do so. Councilmember Jacobs questioned the rates. Mr. Peacock stated staff does not know the exact number for the basic service rate as the performance audit has not been completed. Me noted the preliminary draft report, which is still under discussion, indicated a high probability that the base service rates would decrease. He stated if this was to occur the overall rate including the recycling program would stay the same or be lower. Mr. Peacock explained how the rates are being negotiated. He stated because Saratoga is the only city in the West Valley to implement the recycling of yard waste, the unknowns are minor compared to other cities. He noted the existing contract expires February 1st, 1995. He added it would be possible for the Council not to make any decisions at this time, and wait until the final rates are known. In response to Councilmember Wolfe's question regarding rates, Mr. Peacock stated it is difficult to tell the rates for the different residents because Green Valley does not keep track of how many people are using toters for yard waste as op}~osed to trash. He explained that if residents are using the toters for yard waste the rates will go down. Councilmember Jacobs pointed out, that also proposed is substantial recycling, which will eventually reduce the number of cans per household. City Manager Peacock reviewed the average number of cans used per household in Saratoga and noted ~en people realize what can be recycled, an additional 1000 tons of waste will be diverted from the landfill. City council Minutes 5 August 3, 1994 Mayor Burger pointed out that the proposal does expand the recycling possibilities. City Manager Peacock stated staff recommends that the City Council approve the low bid from Green Valley Disposal, but defer authorizing the Mayor and City Manager to execute the contracts at this time. Mr. Dennis Varni, Green Valley Disposal, expressed concern about delaying the execution of the contracts because of e~uipment which has to be ordered in order to start the service on February 1, 1995. Councilmember Tucker clarified that existing services could continue, but additional services would be delayed. Mr. Varni stated this is correct. He noted the vehicles required for the new services are on order, but if the Council decide to reduce the services it would be economically infeasible to continue ordering trucks. Mr. Ed Vincent, 13617 Westover Dr., stated with regards to Green Valley service there is an inconsistency in the recycling program. Be noted Green Valley will not pick up steel cans and when he called, they indicated it was not in the contract. He urged the City Council to include, in the contract, the recycling of steel and other scrap metals. He believes, from an economic standpoint, it is in the best interest of Green Valley to pick up these metals. Mayor Burger noted scrap metal is included in the contract and this will take affect February 1995. The Council briefly discussed the delay if contracts are not executed. Mr. Peacock stated existing services would continue, but there may be a two month delay for the additional services proposed. Mr. Varni expressed concern about the delay regarding economics. He also noted cities will be starting services at different times and logistically this does not work. Mr. Peacock stated the contracts can be put on the September 7th agenda for approval and can be continued if necessary. JACOBS/TUCKER MOVED TO CONTINUE THE BID APPROVAL AND THE CONTRACT -APPROVAL UNTIL SEPTEMBER 7, 1995. PASSED 5-0. Councilmember Tucker commended Green Valley and noted they have served their community well. 8. PUBLIC HEARINGS - 8:35 p.m. A. Temporary Ordinance amending Section 15-30 of the City Code relating to the size, location, n-mher, and duration of temporary merchant signs (AZO94-001) (first reading and introduction) Staff recommends that the City Council introduce the ordinance by title only, waiving further reading. City Manager Peacock pointed out that a letter was received from Kookie Fitzsimmons, President, Village Association, dated August 3, 1994. Planning Director Curtis presented the staff report dated August 3, 1994, reviewing the five specific issues to be considered as outlined in the staff report. He noted the ordinance is an interim ordinance and will expire six months from adoption, but can be extended. Planning Director Curtis answered several questions noting that pricing signs for gas stations are regulated by the State. Regarding noticing, there was a public notice printed in the newspaper and staff has been working with the Chamber of Commerce. Regarding the continuance of the sign ordinance, Mr. Curtis Stated staff will evaluate how the temporary City Courtell Minutes 6 August 3, 1994 sign ordinance is working and how it effects the character of the City. He noted staff will also look at the effectiveness. He stated they will also continue to work with the Chamber of Commerce. Councilmember Wolfe asked if staff plan to meet with the merchants regarding this matter. Mr. Curtis stated staff will meet with the merchants before the six month period ends and will also continue to work with the Chamber. Councilmember Wolfe stated the Village Merchants are very important to the City and stated if they were involved in the process they could offer some input as to the size and effectiveness of the signs. He stated he commends the people involved in this process. The public hearing was opened at 8:50 p.m. Mr. Orr, 12361 Saratoga-Sunnyvale Rd., President, Chamber of Commerce, noted there is a perception among the community that Saratoga has high priced boutigues and specialty shops and this is not the case. He noted approval of this temporary ordinance will allow merchants to promote sales to consumers and if signs can be put up this will help business. He noted this is on a trial basis and believes the merchants support this. The public hearing was closed at 8:55 p.m. Mr. Peacock pointed out that, as the ordinance is written, there is no exclusion of the Village area or service stations. He noted if the ordinance is to be adopted it should include the exclusions as addressed earlier. JACOBS/MOPa%NMOVED TO INTRODUCE THE ORDINANCE AND ADD THE PROVISION TO EXCLUDE SERVICE STATIONS AND THE VILLAGE AREA. Councilmember Tucker stated she would support the motion not to include the Village area as this is a unique. area. Councilmember Jacobs stated this is an experiment and the Village area should be kept separate. Councilmember Wolfe stated Village Merchants should be included in the discussions regarding this matter. The above motion was carried 5-0. City Manager Peacock stated this matter will be on the Consent Calendar of the meeting of September 7, 1994. B. Lev~ and collection of the proposed assessment for the improvements in Landscaping and Lighting District LLA-1 Staff recommends that the City Council adopt the resolutions overruling protests and ordering levy and collection of assessments City Engineer Perlin presented the staff report dated August 3, 1993 noting this is the final step in the process for reauthorizing the Landscaping and Lighting Assessment District LLA-1. He noted the Council should hold a protest hearing at this meeting and then render their decision on the assessment district for next year. Mr. Perlin reviewed the following changes: 1) There are 3601 parcels in the district; 2) Repair contingency has been reduced to 15% of the maintenance costs; ~3) Zones 2 and 9 have been separated; 4) The electric service charge ill Zone 2 has been eliminated. Mr. Perlin reviewed the final assessments as outlined on attachment 2 in the staff report. He also reviewed the number of protests received from each zone noting that people can file a protest up to the close of the hearing. Mr. Perlin noted the final assessment must go to the City Council Minutes 7 August 3, 1994 County Auditor by August 10, 1994. The public hearing was opened at 9:17 p.m. Mr. Ken Wilton, 20405 Cox Ave., thanked the Council and Mr. Perlin for revising the proposal. He noted the direct charges in Zone 2 have been handled well, but indirect charges need to be worked on in the future. He stated he hopes the residents can work with staff regarding these charges. Ms. Ellen Roznar, 19831 Viewridge Dr., noted her assessment was increased by 71% and is concerned about this because she is not aware of any services to this area. She asked what the increase represents. Mr. Perlin stated Zone 22 provides landscaping maintenance along Prospect and Cox and the reason for the increase is for the proposed tree work along Prospect and new landscaping which will be installed in the vicinity of the freeway overcrossing. He noted the proposed assessment for Zone 22 is $22.58 for the entire year. In response to Ms. Roznar's questions, Mr. Perlin stated the costs may decrease next year as they will not have the cost for the trees. He noted they will be rebidding the contract maintenance work this year, but is unsure of the costs for next year at this time. City Attorney Riback pointed out that all protests must be made in writing and the City Engineer has the appropriate forms. Mr. Perlin pointed out that in Zone 22, although the tree work will not be an expense incurred next year, there will be additional months of contract maintenance work next year for the new landscaping. Ms. Chick Porter, 14790 Butano Terrace, stated she represents 44 parcels in zone 7 and these homeowners have unanimously requested that they be withdrawn from this district, since they receive no services from the City. She also noted that the 44 homeowners feel very strongly that this is a huge bureaucracy which keeps growing. She suggested the Council look at the entire tax situation for a more equitable and fair assessment which everyone can benefit from. Councilmember Tucker noted she received a letter from Ms. Porter. All other Councilmembers noted they also received the letter. Ms. Mary Jane Karas, 12752 Saratoga Creek Dr., noted the real reason for protesting the assessment is on a matter of principle. She reviewed some changes that need to be made regarding her zone. Ms. Karas reviewed a study she had done, noting most people did not even know their property was in a landscaping and lighting district. She noted only two homeowners indicated support for this district. She added that many of the property owners would like to have been involved in the decisions regarding the assessments. Ms. Karas pointed out that several homes on Cox Ave. are maintaining their own frontage, she presented pictures of areas she believes are not being maintained by the City. Ms. Judy Heintz, Fredericksburg Ct., thanked the Council for their work on this matter and noted they did accomplish what the people in Zone 2 requested. Mayor Burger closed the public hearing at 9:35 p.m. Councilmember Moran thanked the many people who wrote to the Councilmembers regarding this matter. Councilmember Tucker requested that Mr. Perlin review how one becomes part of a landscaping and lighting district. Mr. Perlin stated one becomes part of a district when one is annexed into the landscaping and lighting district, and this happens as a result of a vote by the City Council. He noted there is a process for the annexation which includes noticing to property owners, a separate City council Minutes 8 August 3, 1994 engineers report and protest hearings. He stated it is a similar process to the reauthorizing of the district each year. He noted Zone 22 was annexed in 1991. He stated the boundary was larger, until some homeowners association petitioned the Council not to be part of this district. Councilmember Wolfe clarified that people have been paying the assessments since they were formed, but.new law has required the City to notice residents regarding the assessment and now people are becoming more aware of this process. In response to questions from the Councilmembers Mr. Perlin stated Zone 9 receives benefit from the landscaping on Saratoga-Sunnyvale Road. He also noted he will work on the noticing for next year to make it more understandable. JACOBS/TUCKER MOVED TO ADOPTRESOLUTIiON 94-24.4 OVERRULING PROTESTSAND CONFIRMING THE ASSESSMENTS FOR FY 94-95. Councilmember Jacobs stated throughout the protests there have been 2 key points of objection. One is a fairness guestion. He noted districts were formed several years ago and believes most were formed as a result of requests from homeowners associations who could no longer maintain the landscaping. He noted residents have raised legitimate objections to being included in the districts and the City should look into these. He noted that a Citywide district should be explored by staff. Councilmember Jacobs stated the second key point of objection is the cost benefit issue. He noted this needs to be looked at, but the problem is that the Council has seven days to make a decision or else the districts expire and if not renewed none of the landscaping will be maintained. He stated they should renew the districts for another year and during this year the City should explore both the questions as well as the possibility of a Citywide district. He noted there needs to be fairness to everyone and the time should be taken to explore the alternatives. He noted the only prudent course is to keep the districts in effect and plan for exploring alternatives. Councilmember Wolfe stated he concurs with Councilmember Jacob and noted the Council should instruct the Public Works Director to do an evaluation, particularly of boundary justification and the cost distribution. He stated the residents concerns are legitimate and should be addressed. Councilmember Tucker stated this matter should be discussed at their policy meeting and should not give direction at this time. Councilmember Moran stated services benefitted by all should be paid by all. She concurred that the boundaries should be reviewed and so should the question whether the residents are the main recipients of the benefits. She noted the residents have raised some concerns and would not support the motion unless direction was given to staff to address their concerns. Mayor Burger stated she supports Councilmember Jacobs comments and also noted this is an appropriate item for the policy development conference. Councilmember Wolfe stated he would like to assure the residents that this will be discussed at the policy meetings. Councilmember Tucker pointed out that the public are invited to the policy meetings. City Manager Peacock stated they can explore options and have information to present to the Council at the policy meetings. Regarding a citywide district, Mr. Peacock stated having elections does mean longer range options to consider. He noted the policy meeting is the end of the process, but staff is aware of what the Council wants after tonight's discussion. City Council Minutes 9 August 3, 1994 Councilmember Moran stated she would support the motion and would like answers back from staff in order to consider them at the policy meeting. The above motion was carried 5-0. C. Confirmation of Weed Abatement Assessment Report Staff recommends that the City Council adopt the resolution confirming the report. City Manager Peacock presented the staff report dated August 3, 1994. The public hearing was opened at 10:00 p.m. Mr. Lou Thorpe, 19550 Farwell Ave., asked when property has been identified that weed abatement is necessary, what is the noticing schedule, and how long does the owner have to remove the weeds. Mr. Peacock stated he does not have an answer to Mr. Thorpe's question. but will obtain answers from the Fire Marshall and contact Mr. Thorpe. Mayor Burger closed the public hearing at 10:03 p.m. MORAN/TUCKER MOVED TO ADOPT RESOLUTION 94-36 CONFIRMING REPORT AND ASSESSMENT OF WEED ABATEMENT CHARGES. Councilmember Wolfe asked if this is a one year assessment. Mr. Peacock stated it is a one year assessment, noting that the list does not change very often. He added as property is developed it is removed from this list. The above motion was carried 5-0. D. Confirmation of Brush Abatement Assessment Report Staff recommends that the City Council adopt the resolution confirming report. City Manager Peacock presented the staff report dated August 3, 1994. The public hearing was opened at 10:05 p.m. Mayor Burger closed the public hearing at 10:05 p.m. TUCKER/WOLFE MOVED TO ADOPT RESOLUTION 94-37 CONFIRMING REPORT AND ASSESSMENT OF WEED AND'BRUSH ABATEMENT CHARGES. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications B. Agency Assignment Reports councilmember Wolfe reported on the Hakone Foundation, noting he was impressed by the hard work and enthusiasm of the board. Me noted they have designed a sign directing people to Hakone. He stated their financial reports are in progress and they will meet with the City in October. Me added that Hakone was noted on Bay Area Backroads and this resulted in increased attendance Regarding Sister City Committee, Councilmember Moran noted they are currently hosting four Japanese students. Councilmember Tucker reported on Joint Venture Silicon Valley meeting noting the focus was on retention and expansion of businesses. Mayor Burger reported on the orientation session for new Councilmembers city council Minutes 10 August 3, 1994 noting they covered economic development, user friendly cities and the Brown Act. C. General council Items 1) Agenda items for next adjourned regular meeting (none scheduled until Joint Meeting with CATV Board 9/27) Councilmember Moran suggested that ~SAR be asked to produce videos to be played during Council meeting breaks. This item to be placed on the joint meeting agenda. 2) Salary Compensation study - Selection of Consultant city Manager Peacock noted the interviews will start at 7 p.m. on Tuesday and Council will interview four consultants. 3) Other Regarding the Policy Development Conference, Councilmember Jacobs asked if the Council would consider the possibility of a meeting in September to talk about the general goals or policies the Council would like to see studied, then prioritize these items. Councilmember Wolfe stated this would be time well spent. It was a consensus of the Council to hold this meeting on September 13, 1994 at 6 p.m. Mayor Burger reviewed the locations for the City Council Direct Contact Program this coming Saturday. 10. ADJOURNMENT Having concluded business the City Council adjourned at 10:28 p.m. to next meeting on Tuesday, August 9, at 7:00 p.m. in Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. Minutes Clerk