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HomeMy WebLinkAbout02-01-1995 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 1, 1995 - 6:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session - 6:30 in Administration Conference Room CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Pursuant to Government Code Section 54956.9 (a): Names of cases: San Francisco Baykeepers etal. Vs. Saratoga; Saratoga vs. Cocciardi (requested revision to settlement agreement) CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Section 54957.6: Agency negotiator: Harz-/R. Peacock Employee organization: Management Employees and Unrepresented employee: City Manager The meeting was called to order by Mayor Burger at 7:35 p.m. Pledge of Allegiance - Led by Marcia Kaplan 1. ROLL CALL Councilmembers Present: Jacobs, Tucker, Moran, Wolfe, Mayor Burger Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin. Mayor Burger announced that item 8D will be moved to the end of the agenda and discussed in closed session. 2. CEREMONIAL ITEMS A. Resolution commending Peter Ralswell for service on Finance Advisoz7 Committee MORAN/TUCKER MOVED TOAD OPT ARESOLUTION COMMENDING PETER RAISWELL FOR SERVICE ON THE FINANCE ADVISORY COMMITTEE. PASSED 5-0. Mr. Raiswell acepted his resolution. B. Resolution reappointing Plannlng Commissioners Kaplan and Muraknmi WOLFE/MORAN MOVED TO ADOPT RESOLUTION 95-04 REAPPOINTING PLANNING COMMISSIONERS KAPLAN AND MURAKAMI. PASSED 5-0. C. Resolution confirming appointment Of CathyFoscato as Monte Sereno representative to Library commission MORAN/JACOBS MOVED TO ADOPTRESOLUTION 95-05 CONFIRMING APPOINTMENT OF CATBY FOSCATO AS MONTE SERENOREPRESENTATIVETO THE LIBRARY COMMISSION. PASSED 5-0. D. Administration of Oath of Office to above The Mayor administered the Oath of Office to Mr. Murakami and Mrs. Kaplan. She then stated the City is currently accepting applications for the Public Safety Commission, Library Commission and the Finance Advisory Committee. She noted applications and information are available at City Hall. 3. Report of City Clerk on Posting of Agenda Pursuant to Government Co~e 54954.2, the agenda for this meeting was City Council Minutes 2 February 1, 1995 properly posted on January 27. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) 1) Presentation by Representative of Mid Peninsula Open Space District Mr. Pete Siemens, Director, Mid-Peninsula Open Space District, introduced Greg Briton, General Manager and Malcolm Smith, Public Affairs Director. Mr. Malcolm Smith gave some background information on the formation of the Mid-Peninsula Open Space District, which started in the early 70's. He presented a slide show reviewing their mission, which is to continue the green belt. He outlined the areas which Mid-Peninsula has acquired in the Bay Area, including various trails. Mr. Smith reviewed their revenue funding services and noted the purpose of this presentation is to get support from the Council for the Open Space District's goals and philosophies. Ms. Virginia Fanelli, representing Mr. and Mrs Constantin, requested that items 5A 1, 2, & 3 be removed from the agenda to allow them to present new information. City Attorney Riback stated the resolutions on the agenda memorialize action takenby the City Council two weeks ago at their meeting. He stated the action is taken when the Council voted and to re-open this matter would require a motion to reconsider. He added this motion cannot be made at this late date and such a motion should have been made at the meeting in which the vote was taken. Councilmember Jacobs stated the changes presented by Ms. Fanelli are substantial and virtually a new application. City Attorney Riback stated the Council can approve the resolutions without prejudice and this would allow the applicant to submit a new application without delay. He stated any substantial modifications would have to be reviewed by the Planning Commission. He noted if the resolutions are passed with prejudice, the applicant typically has to wait one year before applying again. He pointed out that if a proposal to change the plans had been made at the January 18, 1995 Council meeting, it could have been referred back to the Planning Commission at that time. Councilmember Jacobs stated the applicants had the opportunity to present their application to the Council and at this time he would approve the resolutions without prejudice. Ms. Fanelli read her letter dated February 1, 1995 into the record. She also expressed concern about not receiving a copy of the resolutions and has not had time to :review these. 6. PUBLIC HEARINGS - 8:00 pm. A. Review performance of the City,s Pavement Management Program for 1994-95, proposals for the future work programs and adequacy of funding to carzTout the Program, including extension of the Utilit~ Users Tax at a recommended rate (continued from 1/18/95) Staff recommends that the City Council accept the report and direct staff to initiate proceedings to extend the Utility Users Tax at the recommended rate of 3.5%. City Engineer Perlin presented the staff report dated February 1, 1995. He reviewed the recommended motion, the report summary and the analysis as outlined in the staff report. He also reviewed the pie charts which explain both revenue and expenditure sources. Mr. Perlin noted a letter was received from Dr. Schwartz for which Mr. Perlin has the following comments: City Council Minutes 3 Februaz~ l, 1995 The reason the City does not have pavement problems is because the City is committed to invest in its pavement management program. He also noted the utility tax has been the major funding source to support this program. Regarding this tax being put on the ballot, Mr. Perlin stated if the tax was to sunset before the next election, there would be the loss of utility tax revenue, property tax revenue, the potential loss of gas tax revenue and a disr~/ption to the pavement program. Councilmember Jacobs clarified, that by collecting this tax they are enabling the City to receive matching funds from the state and federal government to help with the paving program. He noted if they stop the regular maintenance of the roads, it will cost more to correct the damage in the long run. Mr. Perlin stated this is correct. In response to Councilmember Tucker's question, Mr. Perlin stated, previously there were three other general fund sources of revenue that were earmarked to support the pavement management program, but last year during budget hearings, the Council decided not to reserve these funds specifically for the pavement management program. Councilmember Wolfe asked what formula the state uses to return funds to the cites. Mr. Perlin-stated there are several formulas used, but in general it is based on population. Mayor Burger noted for the record, a letter was received from Dr. Jeff Schwartz. Mayor Burger opened the public hearing at 8:30 p.m., seeing no-one the hearing was closed. Councilmember Moran asked to what extent this hearing was noticed. Mr. Perlin stated there wasa notice in the Saratoga News, it was on KSAR, notices were sent to the Community Group List, and also the agenda posting. He noted he received one phone call which was very specific about one of the capital projects. Mayor Burger stated they will hold a public hearing and public meeting, and at both meetings there will be an opportunity to hear public input regarding extending the tax. Councilmember Tucker asked if the notice indicated that the Council is considering elimination of the sunset clause. She stated this needs to be published in the noticing. Council agreed to this conclusion. Mayor Burger stated she received one phone call from a resident who urged the City to continue the tax. Mr. Perlin stated he is recommending eliminating the sunset clause because in looking out further than five years, and assuming that the mandates of the state are not eliminated, to eliminate the tax the City would have severe financial consequences. He stated the tax can still be reviewed on an annual basis and repealed at any time. TUCKER/MORAN MOVED TO ACCEPT THE ANNUAL REPORT ON THE PAVEMENT MANAGEMENT PROGRAM ~ND DIRECT STAFF TO INITIATE PROCEEDINGS TO EXTEND THE UTILITY USERS TAX AT THE RECOMMENDED RATE OF 3.5% WITH AN ANNUAL REVIEW. PASSED 5-0. B. WRITTEN COMMUNICATIONS 1) Morris Jones, President, Saratoga Area G Homeowners Association+, P.O. Box 3343, requesting meeting with City Council on West Valley College football games. City Manager Peacock stated this issue was discussed with the previous Council. He noted a number of meetings were held with the neighbors and representatives from the college over the last year, but negotiations fell apart because of the elections and new board members at the College. Be noted in Mr. Jones' letter there is an implication of legal action and this should.be discussed in closed session. City Council Minutes 4 February 1, 1995 Councilmember Burger suggested this matter be placed on the agenda for a closed session and notify Mr. Jones of this action. She noted after discussion in closed session Council should meet with the residents as requested by Mr. Jones. Councilmember Moran suggested a representative from 'the college be present at the study session. 2) E. Floyd Kv~mme, resigning from Hakone Foundation Board. MORAN/TUCKER MOVED TO ACCEPT THE RESIGNATION WITH REGRET AND DIRECT STAFF TO PREPARE APPROPRIATE COMMENDATION. PASSED 5-0. 3) Susanne Mallory, resigning from Hakcne Foundation Board. MORAN/TUCKER MOVED TO ACCEPT THE RESIGNATION WITH REGRET AND DIRECT STAFF TO PREPARE APPROPRIATE COMMENDATION. PASSED 5-0. 5. CONSENT CALENDAR A. Prevlously-Discussed Items 1) Resolution 95-05 upholding Planning Commission decision on ConstantinAppeal (LL94-0S) 2) Resolution 95-07 upholding Planning Commission decision on Constantln Appeal (V94-12) 3) Resolution 95-08 upholding Planning commission decision on Constantin Appeal (DR94-31) Councilmember Wolfe expressed concern about the applicants not having time to review the resolutions. He noted the applicants should be given the opportunity to have another hearing and present their proposal. Councilmember Jacobs suggested approving the resolutions without prejudice, which then gives the applicant the opportunity to apply again without delay. MORAN/TUCKER MOVED TO APPROVE RESOLUTION 95-06 (LL94-08) WITHOUT PREJUDICE. Councilmember Tucker stated she will abstain from the motions because she was not at the meeting when this was discussed. Mayor Burger stated she would be willing to approve the resolutions without prejudice and without additional fee. She stated there have been.substantial fees paid to date on this application and would add this as an amendment to the motion. Councilmember Moran stated given the amount of staff time that went into this application she would not be in favor of the amendment suggested by Mayor Burger. Councilmember Tucker stated the reaso.n for the request by the applicant to re-open the hearing is because they did not have a chance to look at the resolutions, but noted the resolutions memorialize the actions taken by the Council at the public hearing. Regarding Ms. Fanelli's letter about the findings, Councilmember Tucker stated the Council upheld the Planning Commission's decision, in which findings were made. Councilmember Jacobs stated he is in favor of the motion'without the proposed amendment. He stated he is concerned that the changes are substantial and will incur more costs and staff time. He noted if the fee is waived the cost is being passed onto the citizens. Councilmember Moran added that the changes seem to be substantial. Councilmember Wolfe stated he will vote for the motion as this reflects City Council Minutes 5 Februar~ 1, 1995 the action taken at the last Council meeting. The above motion was passed 4-0-1 (TUcker abstain). MORAN/JACOBS MOVED TO ADOPT RESOLUTION 95-07 (V94-12) WITHOUT PREJUDICE. PASSED 4-0-1 (Tucker abstain). MORAN/JACOBS MOVED TO ADOPT RESOLUTION 95-08 (DR94-31) WITHOUT PREJUDICE. PASSED 4-0-1 (TUcker abstain). B. New Items 1) Planning Commission Actions, 1/25 - Note and file. 2) Parks and Recreation Commission Minutes, 12/13 ~ Note and file. 3) Heritage Preservation COmmission Minutes, 12/13 Note and file. 6) Sixth/~mendment to California Identification System Agreement (local law enforcement agency access to fingerprints) 8) Budget Resolution 93-25o25 to fund Hillside Development Fee Refunds Councilmember Wolfe removed item 4, Councilmember Moran removed item 5 and 7. MORAN/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS 4, 5 AND 7. PASSED 5-0. 4) Public Safety CommissionAnnual Retreat Minutes, 1/7 - Note and file. Councilmember Wolfe stated he would like to commend staff and the Public Safety Commission for all the work they do. WOLFE/MORAN MOVED TO APPROVE ITEM 4 OF THE CONSENT CALENDAR. PASSED 5-0. 5) Informational Report from Finance Director on Budget Amendments - Note and file. 7) Acceptance of Audit and Financial Documents, FY 1993- 94 Councilmember Moran suggested moving items 5 and 7 to the next regular meeting so the Financial Advisory Committee can look over these. In particular the budget summary and respond to the reports. City Manager Peacock stated this report is a review of the cumulative impact of the Council~s budget actions since July 1, 1994. He stated it is a report to the Council and will have no impact on fund balances. Councilmember Tucker stated in light of problems other cities have been experiencing she would like this to be reviewed by the Finance Committee. Councilmember Jacobs stated he would like a report from the Committee. MORAN/TUCKER MOVED TO CONTINUE ITEM 5 TO THE NEXT PUBLIC HEARING IN ORDER TO GIVE THE FINANCIAL ADVISORY COMMITTEE AN OPPORTUNITY TO REVIEW THE REPORT. Mayor Burger stated she would vote against the motion as this is a report on the actions the Council has taken and only an informational item. The above motion was passed 4-1 (Burger No) MORAN/JACOBS MOVED TO CONTINUE ITEM 7 TO THE NEXT PUBIC HEARING IN ORDER TO GIVETHE FINANCIALADVISORY COMMITTEE AROPPORTUNITY TOREVIEW City council Minutes 6 Februar~ 1, 1995 THE REPORT. PASSED 5-0. C. CLAIMS AGAINST THE CITY - None. 7. OLD BUSINESS A. Review of Route 85 Freeway Issues raised at JanUary 4 Councll meeting) (continued from 1/lS) 1) Oral Report from Public Works Director Mr. Perlin stated he has nothing to report at this time, because nothing has been submitted since the January 4th meeting from the citizens committee. He presented a list identifying the landscaping along the Saratoga portion of the freeway. He added he learned today that Caltrans has formally listed the landscaping project, noting this is the first step in placing the project out for bids. He believes the City will have to mid March to finalize any requested changes through a change order. 2) Report from City Attorney City Attorney Riback reviewed his memo dated January 25, 1995. He stated the conclusion isthat there are probably no legal remedies that the City itself could successfully pursue against Caltrans or the Traffic Authority with respect to the route 85 noise issue. On the other hand, the residents may possibly have a cause of action for damages caused to the individual residents. He stated this action would be pursued by the residents, not the City. In response to Councilmember Wolfe~s question regarding a nuisance, Mr. Riback addressed his comments in his memo. Councilmember Moran stated that Ms. Hershkowitz should receive a copy of Mr. Riback's memo. Mr. Riback stated it can be circulated to the public. 3) Correspondence received City Manager Peacock stated there are a number of letters and articles attached to the staff report. Ms. Joan Nershkowitz, 19364 Shubert Ct., stated she is disappointed with the City Attorney~s findings, but believes these problems can be resolved. She stated there are two options. The City, in signing a contract with Caltrans that left its citizens so vulnerable, and left the City no recourse, that perhaps tILe City itself is negligent and if the citizens have to go after Caltrans, perhaps they will also have to go after the City. She stated the second option is for the City to put its legal and political weight with the citizens to go after Caltrans. She stated this is a County funded road, and promises were made regarding the noise. She stated she cannot accept that there is no recourse and urged the Council to join with the citizens. Mr. Bob Browne, Aspesi Dr., stated he did'obtain a list of plants from Caltrans which can be used as substitute plants. Mr. Browne presented a Noise Impact Assessment Report, prepared by Engineering-Science Inc. to the Council and reviewed this. He noted trees which help the sound mitigation have to be dense as well as tall. He stated more mitigation will cost more, but it can be done. He noted the original design fee was $100,000 and Saratoga~s portion i:~ approximately $50,000. Caltrans estimated between $11,000 and $2'2,000 to make changes in the plans. He addressed an article in the paper regarding Nelson Ranch and noted 5% of this contribution would cover the cost of the landscaping. After a brief discussion with Council and Mr. Browne regarding substitute plants, Mr. Peacock stated the citizens, at the last hearing, were asked to get a list of substitute plants and provide them to staff, so staff could then contact an arborist and find out costs. Councilmember Wolfe stated he has been active in this matter and has met with Caltrans. Mr. John Grebenkemper, 19490 Miller Ct., presented 'a letter to the City Council Minutes 7 February 1, 1995 Council dated February 1, 1995 and reviewed this with the Council. He noted this problem has been solved in Europe. Mayor Burger suggested considering a sub-committee involving Councilmembers who can communicate with staff and Caltrans. She stated this committee could report back to the Council on a regular basis. Councilmember Wolfe stated he has attended several meetings and there has been progress. He noted people are sincere about getting this problem solved. He met with Eileen Goodwin who indicated that minor changes are possible through substitution. He would recommend that the citizens committee continue to put together a substitute tree list and let staff deal with Caltrans. He believes it is up to the citizens to get this list and move things forward and he will continue to be involved. He noted Ms. Goodwin indicated that a cost factor may not be involved if no change to irrigation is required. Councilmember Jacobs stated he agrees that these Council meetings may not be an effective forum to address this issue. He stated more specific information from the citizen's committee is needed to help make decisions. He noted he would support the formation of a committee to help work to resolve these issues. Ms. Hershkowitz stated they have a steering committee meeting every Saturday and they have talked to Caltrans, but nothing is happening. She stated they need Council support. Councilmember Tucker agreed that this should be discussed in a different forum and she indicated she would be willing to serve on the committee. In response to Councilmember Tucker's question, City Attorney Riback pointed out that the issue of this being a County funded road does not change the legal situation. Mayor Burger stated they are gettin~ little support from other councils regarding this matter. She suggested moving this into a community meeting which is more focused on the issue and move forward from there. Councilmember Tucker stated she will report back on 'the committee meetings at the Tuesday study sessions. Councilmember Moran stated this problem concerns many people and the Council should do what they can. 8. ~w BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications B. Proposed Increase in E1 Quito Park Field Reservation Fee Schedule MORAN/WOLFE MOVED TO APPROVE THE REVISED FEE SCHEDULE AND POLICY CHANGES AS RECOMMENDED EFFECTIVE 2/2/95. PASSED 5-0. C. Award of Contract for Traffic Signal at Quito Road, Westmont Avenue, and 8ousa Lane TUCRER/MORANMOVED TO DECLARE GAB CONSTRUCTION THE LONEST RESPONSIBLE BIDDER; AWARD CONSTRUCTION CONTRACT TO GAB CONSTRUCTION IN THE AMOUNT OF $68,089; AUTHORIZE STAFF TO EXECUTE CHANGE ORDERS UP TO $5,000. PASSED 5-0. D. Annual Salary Pool for Management Employees This item was continued to a closed session. E. Memo Authorizing Publicity for Upcoming Hearings - CDBG HUman Services MORAN/TUCKER MOVED TO APPROVE THE PUBLICITY AS RECOMMENDED. PASSED 5- . 9. ROUTINE MATTERS City Council Minutes 8 February 1, 1995 A. Approval of Minutes - 1/105 1/17~ 1/1s~ 1/24 The above minutes were approved as submitted. B. Approval of Warrant List JACOBS/MORAN MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agency Assignment Reports Councilmember Wolfe reported on the following agencies: HCD - Discussed the emergency allocation, noting $99,000 was allocated to emergency shelters. Business Development Council - evez-y'one is working hard to bring new energy into the City. Hakone - invited the Board to attend the Business Development committee meetings. League of Cities Peninsula Division .- routine matters discussed. County Cities Assn. Legislative Task Force - discussed budgetary matters. Transit District Board of Directors .- routine matters. Joint Valley Silicon Valley- discussed streamlining as an economic necessity. Channel 54 Telecommunlcations - There was a presentation on crime and this will be an on-going meeting. Councilmember Tucker reported on the' following agencies: SCCCA Executive Board Meeting - received a report "Making California Government Work". West Valley Sanitation District -Iatter from County regarding the investment fund audit and they are in good financial condition. Received a report regarding Phase I of the South Bay Water Recycling Program. Mayor Burger noted she met with theist assemblyman who. indicated he is interested in being visible in the community. She noted she has invited him to events going on around the City. She added that herself and the City Manager are continuing to meet with commission. chairpersons. She noted the freeway issue was discussed at the Mayors and Managers meeting. There was a unanimous vote to increase the dues at the League of Cities Peninsula Division. B. General Councll Items 1) Joint Venture Public Sector Roundtable - Tucker (continued from x/ls) JACOBS/MORAN MOVED TO APPOINT COUNCIIa4EMBER TUCKER. PASSED 5-0. 2) Other Councilmember Moran asked what the policy is regarding applicants receiving resolutions, as addressed by Ms. Fanelli under Oral Communications. City Manager Peacock stated normal practice is to send the resolutions out with the agenda. Mayor Burger stated this Saturday is direct contact. Mayor Burger City Council Minutes 9 Februar~ 1, 1995 stated she will be at Safeway and Councilmember Tucker will be at the Post Office. The Council decided they would have direct contact on a rotating basis. The council adjourned at 10:05 p.m. to a closed session. The Council reconvened from closed session at 11:05 p.m. Mayor Burger repoted that the personnel items discussed in closed session were continued to February 7, 1995, at 7:30 p.m. with no action being taken. 11. ADJOURNMENT The Council adjourned at 11:07 p.m. to 7:30 p.m. on February 7, 1995. Respectfully submitted, Catherine M. Minutes clerk