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HomeMy WebLinkAbout04-05-1995 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 5, 1995 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL Councilmember Present: Tucker, Jacobs, Moran, Wolfe, Mayor Burger Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin, community Development Director Curtis 2. CEREMONIAL ITEMS A. Presentation of Honor Saratoga Essay Awards Councilmember Wolfe, Chair, Honor Saratoga Committee, gave a brief presentation explaining Honor Saratoga. He introduced Mr. Charlie Mirrione, Postmaster, and Mr. Larry Carr, Field Representative from Rep. Norm Mineta's office. He also noted that Ms. Karen Anderson would accept the award for the third place winner, Ms. Julia Laskorunsky. Councilmember Wolfe stated they had a poster contest and now this is an essay contest and the title was "What Liberty and Freedom means to me". Mr. Larry Carr presented the America flag, previously flown over the Capital in Washington, DC, to Ms. Anderson to present to Julia Laskorunsky and congratulated Julia. Mayor Burger also presented a certificate. Ms. Anderson stated it was a pleasure to have this pupil in her class. The second place winner was Mr. Jason David Augustine, who attends Redwood Middle School. Mayor Burger presented a certificate to Jason as well as passes for his family to attend a Jackie Torrence performance at Villa Montalvo. The first place winner was Ms. Connie then, who attends Argonaut School. Mayor Burger presented a certificate to Conhie as well as roundtrip tickets to Saratoga Springs, NY. Councilmember Wolfe acknowledged the attendance of Dr. Augustin, Principal, Redwood Middle School, and Connie's school teachers. B. 'Resolutions commending George Buljan, Reiko Iwanaga and Richard Siegfried for service on the Hakone Foundation Board of Trustees TUCKER/MORAN MOVED TO APPROVE RE8OLUTIONS COMMENDING GEORGE BULJAN, REIKO IWANAGA AND RICHARD SIEGFRIED FOR SERVICE ON THE HAKONE FOUNDATION BOARD OF TRUSTEES. PASSED 5-0. C. Resolution appointing Daryl Becket .to the Hakone Poundation Board of Trustees JACOBS/TUCKER MOVED TO APPROVE ARESOLUTION APPOINTING DARYL BECKER TO THE HAKONE FOUNDATION BOARD OF TRUSTEES. PASSED 5-0. D. Resolution appointing John Kolstad to the Public safety Commission; Rick Van Hoesen to the Finance Advisory Committee; and David McLaughlin, Edward Sessler and Dorathy Skow to the Library Commission TUCKER/JAC0BS MOVED TO APPROVE A RESOLUTION APPOINTING JOHN KOLSTAD TO THE PUBLIC SAFETY COMMISSION; RICK VAN HOESEN TO THE FINANCE ADVISORY COMMITTEE; AND DAVID MCLAUGHLIN, EDWARD SESSLERARD DORATHY SKOW TO THE LIBRARY COMMISSION. PASSED 5-0. D. Administration of Oath of Office to the above (except for Dorathy skow) City Council Minutes 2 April 5, 1995 Councilmember Wolfe announced that a'ulia Laskorunsky has arrived and presented the flag to her. Mr. Larry Carr congratulated Julia. 3. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on March 31. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) Mr. Lou Thorpe, 19550 Farwell Ave., addressed article 5-30 (regarding the utility user tax), attached to the City Engineer's report, which is the basis on which the utility user tax is imposed. Mr. Thorpe read this article and asked is there is not a conflict with regards to how the'money is spent? City Attorney Riback stated there is no conflict between article 5-30 and the Council's direction that the money be earmarked for specific purposes. He noted the money goes into the general fund and the Council can determine how the money will be spent. Mr. Thorpe believes this fund is used for a specific service and questioned if this should have voter approval? Mayor Burger suggested that Mr. Thorpe discuss his concerns with staff and the City Attorney. Mr. Thorpe indicated that he would write a letter outlining his concerns. Ms. Karen Anderson, Seagull, stated the President of the Greenbriar Homeowners Association wants to let the Council know that the Greenbriar's Homeowners Association ]remains opposed to ball fields at Azule Park. Mr. Mitch Cutler, 14510 'Big Basin Way, stated he is here on behalf of the Saratoga Business Development Council to make the Council aware that they are actively attempting to pursue the Farmers Market on Saturday mornings from 9 a.m. to i p.m. at Blaney Plaza.. He noted they are in the process of gaining consent to use the site. He added they hope to start June 1st. 6. PUBLIC HEARINGS - 8:00 pm. A. Consideration of proposed cancellation of a Williamson Act Contract on property located at 20851 Saratoga Hills Rd. The 5.1 acre property is partially developed. The appllcant ultimately proposes to subdivide the property into a maximum of ten (10) single-family residentlal lots. The property is located approxlmately 1500 ft. west of Saratoga-Sunnyvale Road and is bordered on the north byTrlnlty Avenue, on the east by Pontiac Avenue, and on the south by saratoga Hills Road and Pontiac Avenue. A Negative Declaration has been prepared for the proposed cancellation of the contract. (Applicant, Community Foundation of Santa Clara County) Staff recommends that the City Council, at the request of applicant, continue to the next meeting. City Attorney Riback stated the report before the Council is absent a document. He noted because this document is not before the Council there is nothing for them to consider at this time and he would suggest continuing this for, either longer than a two week period, or take off the calendar and readvertise. Mayor Burger noted that the City Attorney will be out of town for 5-7 days and could not review this document for the next meeting. She recommended continuing this until the City Attorney can review it. City Attorney Riback stated there is no indication from the Community Foundation as to when this document may be available. City council Minutes 3 April 5, 1995 MORAN/WOLFE MOVED TO TABLE THIS MATTER UNTIL THE CITY ATTORNEY CAN REVIEW THE DOCUMENT. Councilmember Tucker noted there was a letter received from Mr. Macrae dated March 30, 1995. Ms. Robin .Kennedy, Attorney, asked if it was the applicant who continued this matter as opposed to City staff? She noted she spoke to the Attorney for Community Foundation who indicated that the application was submitted and the document has apparently been lost. ~r. Riback stated they have a March 31, 1995 letter from Mr. Peter Hero, Executive Director of the Community Foundation, requesting a two week continuance. The above motion was passed 5-0. Ms. Virginia Fanelli, stated they were not notified until late last week that this document was missing and they. have the document available to submit tomorrow. She stated they are concerned about the length of time of the process. B. WRITTEN COMMUNICATIONS 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance designating Warher Button House as Historic Landmark TUCKER/WOLFE MOVED TO ADOPT ORDINANCE HP-21 DESIGNATING THE WARNER HUTTON HOUSE AS HISTORIC LANDMARK BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. Z) Ordinance approving a DeVelopment Agreement between the City of Saratoga and Greenbriar Homes specifying development requirements for the previously approved 94-1ot, single-family residential development on the former Paul Masson Winer~ Site at 13150 Saratoga Ave. MORAN/TUCKER MOVEDTOADOPT ORDINANCE 71-147 APPROVING THE DEVELOPMENT AGREEMENT BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. .3) Resolutions denying Kosich General Plan Amendment and Zoning Ordinance Amendment heard 3/15 JACOBS/WOLFE MOVED TO APPROVE RESOLUTIONS 95-17 AND 95-18 DENTINe KOSICB GENERAL PLAN AMENDMENT AND ZONING ORDINANCE AMENDMENT. PASSED 5-0° B. New Items 1) Planning Commission Actions, 3/21 -- Note and file. 2) Bicycle AdviSory Committee, 2/27 - Note and file. 3) Heritage Preservation Commission, 2/14 - Note and file. 4) Public Safety Commission, 3/27 - Note and file. 6) Notice of Completion and Acceptance of Work, 1994 Street Maintenance Program (Valley Slurry Seal, Contractor) 7) Resolution 95-19 accepting offer of dedication of parcel in connection with Phase II, Final Map Approval, Tract 8550 9) Final Map Approval for 94-1ot, single-family residential development on the former Paul Masson City Council Minutes 4 April 5, 1995 Winery Site at 13150 Saratoga Ave. (Tr. 8700) (Developer, Greenbriar) 10) Final Map Approval, 5 lots, ~mherland Estates (Tr. 8685) 11) City Financial Ireports for Januaz7 (revised and expanded from reports submitted 3/1) and February= a) Treasurer,s Report - Receive and file. b) Investment ]Report - Receive and file. c) Financial Report - Receive and file. Councilmember Tucker requested the :removal of item 5, Councilmember Moran requested the removal of items 8 and 12. MORAN/TUCKER MOVED TO APPROVE CONSENTCALENDARB, WITH THE EXCEPTION OF ITEMS 5, 8 AND 12. PASSED 5-0. 5) Amendment #1 to Stormwater Program Agreement with West Valley Sanitation District. Councilmember Tucker stated she would. like to make the community aware 'that the City is working diligentl'y with the NPDES permit and by approving this they will make an amendment which allows the City to contract with the West Valley Sanitation District to preform the on- going cleaning and maintenance of the storm drain. Also to work with City staff to develop computer based mapping of the City's storm drain system. MORAN/WOLFE MOVED TO APPROVE ITEM 5 OF THE CONSENTCALENDAR. PASSED 5- e 8) Authorization for City Clerk to SendAppropriate Notice to Department of Alcoholic Beverage Control that the City,s Planning Agem~cy is Delegated the Duty of Determining Public Convenience and Necessity regarding Issuance of Alcoholic Beverage Licenses under Provisions of Section 23958.4 of the Business and Professions Code. Councilmember MOran stated she did talk to the City Manager about this issue. City Manager PeacoCk gave a brief explanation of this item. He noted last year a Bill went through the legislature which dealt with obtaining local control over the concentration of liquor establishments in the-City. The City Council supported this effort and as a result of its success there has been a new section added to the Business and Professions Code, as outlined in the attachments to the report in the Council's packet. Mr. Peacock briefly reviewed the new section added. MORAN/TUCKER MOVED TO APPROVE ITEM 8 OF THE CONSENT CALENDAR. PASSED Mayor Burger noted that there is legislation, Sponsored by the oil industry, attempting to treat a new business license for alcoholic beverages as simply a transfer. 12) Resolution 93-25.29 increasing appropriations- and amending the FY 1994-95 Budget Councilmember Moran requested that this resolution, together with the staff report, be forwarded to the Finance Committee so.they can use this in their review. MORAN/TUCKER MOVED TO ADOPT A KESOLUTION INCREASING APPROPRIATIONS AND AMENDING THE FY 1994/95 BUDGET. Mayor Burger stated she would approve the resolution, but does not see the necessity to add a condition requesting this information go to the Finance Committee. She noted this information is available under all financial information. City Council Minutes 5 April 5, 1995 Mr. Peacock stated this is an effort to improve reporting to the City Council, but if the Finance Committee has another format which would be more appropriate he would discuss this. He stated the desired result is to have the Council comfortable with the format. The above motion passed 5-0. City Manager Peacock gave a brief review on the Hillside Development fund. He noted $250,000 was put in the General Fund instead of the Hillside fund and staff is correcting this. He added that the budget projections are on target. C. CLAIMS AGAINST THE CITY - None 7. OLD BUSINESS A. Report from Finance Advisory Committee on Comprehensive Annual Financial Report for year ending June 30, 1994 Councilmember Moran made a motion to approve the CAFR recommended by staff and the Finance Advisory Committee and also take advantage of the four recommendations as outlined in the memo from the Finance Advisory Committee. Mayor Burger requested that the CAFR be kept separate from the recommendations from the Finance Advisory Committee. Councilmember Moran withdrew her motion. MORAN/JACOB8 MOVED TO ACCEPT THE COMPREHENSIVEANNUAL FINANCIALREPORT. PASSED 5-0. Mayor Burger stated she has no concern over item 1 in the memo from the Finance Advisory Committee, but has concern over item 2. She noted she did discuss this with the City Manager and noted the recreation fund has nothing to do with the annual financial report. She noted only 20% of the recreation fund incomeis generated and goes to the General Fund, the other 80% comes from user fees. She stated the concept of taking 100% of the revenues and using it to determine the reserve requirement does not make sense. She noted only 20% should be used, and it has been a Council policy to do this. Councilmember Tucker stated she artended the meeting and the Finance Committee raised some questions about this and stated this should be reviewed with the Committee. Councilmember jacobs noted that Mr. Smith responded to item 4, but not to the others. City Manager Peacock stated Mr. Smith was at the last meeting. He noted it is important for the City Council to recognize that from time to time a particular fund during a particular month of the year may go into deficit and this is the reason. for the cash flow analysis. Mr. Peacock briefly reviewed the general fund and the reserves and the timing in which property tax is received by the City. Councilmember Tucker stated the issue discussed at the meeting was the recreation fund. She noted if the Finance Committee is feeling uncomfortable, this should be discussed with staff and Mr. Smith. Councilmember Moran suggested that the letter of recommendation from the Finance Committee be reviewed by the staff and the Finance Advisory Committee. JACOBS/MORAN MOVED THAT THE LETTER OF RECOMMENDATION FROM THE FINANCE ADVISORY COMMITTEE BE REVIEWED WITH STAFF AND THE FINANCE ADVISORY COMMITTEE. PASSED 5-0. B. Policy on continuation of controversial Items Staff recommends that the City Council determine whether staff's interpretation of the policy indicates Council's intention correctly. City Council Minutes 6 April 5# 1995 JACOBS/MORAN MOVED TO TABLE THIS ITEM. Councilmember Jacobs noted this was an expression of his opinion and not intended that this be formalized as a policy of the City. The above motion was carried 8. NEW BUSINESS A. Oral Communications (continued) and instructions to ' staff regarding actio:~s on current oral communications B. Transit Shelter Advertising Program Staff recommends that the City Counci:L determine whether to participate in Placement of Shelters with Advertising on them in Saratoga (Maximum number of 3 in Saratoga, all at West Valley College) City Manager Peacock presented the staff report dated April 5, 1995. He noted three shelters already exist at West Valley College. Councilmember Jacobs stated he does not like the length of the agreement, which is for 15 years. Councilmember Tucker expressed the following concern about the agreement: Page 5, she does not like the wording eliminated which gives the City discretion over the location of the shelters. Page 14, 10b (1) she has concern about this being deleted. Councilmember Moran stated she is reluctant to move forward without hearing from West Valley College and what their views are on this. City Manager Peacock stated he is meeting with the College and will discuss this. JACOBS/MORAN MOVED TO TABLE THIS 'ITEM UNTIL THE CITY MANAGER HAS DISCUSSED IT WITH WEST VALLEY COLLEGE. PASSED 5-0. C. Memo Authorizing Publicity for Upcoming Hearings City Manager PeacoCk stated the noticing will be for the Utility Tax and the Southern Pacific Nuisance Abatement hearing. MORAN/WOLFE MOVED TO APPROVE THE PUBLICITY AS RECOMMENDED. PASSED 5-0. D. Ordinance repealing Temporary Water conservation Measures (first reading and introduction) Staff recommends that the City Council introduce by title only, waiving further reading. City Manager Peacock stated staff ~as been receiving calls from the community regarding water usage and the drought. He noted during the drought period the City withheld the requirement of the landscaping and instead required bonds to be posted. He noted the bonds are adding up and as long as the City Council has the drought provision in place, people can't install the landscaping and the bonds cannot be released. Mr. Peacock stated staff talked to the Santa Clara Valley Water District who indicated people should practice voluntary water uses and continue to not waste water. He noted in reviewing the existing ordinance there is no provision to allow for the temporary abandonment of the drought measures. He noted the City Council should adopt an amendment to the ordinance to deal with this issue. Councilmember Wolfe stated the citizens have been conditioned and don't believe they will waste water if the drought provisions are removed. WOLFE/TUCKER MOVED TO INTRODUCE THE ORDINANCE REPEALING TEMPORARY WATER CONSERVATION MEASURES BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. City Council Minutes ? April 5, 1995 9. ROUTINE MATTERS A. Approval of Minutes - 3/10; 3/15; 3/28 The minutes to 3/10 were approved as submitted. Councilmember Tucker amended the minutes of 3/15 as follows: Page 7, 5th paragraph, 1st sentence should read "She noted this is a safeguard for the citizens and ensures that it will be evaluated every five years to make sure the tax is necessary." .Page 9, last paragraph should read "L&GO". The minutes of 3/15 were approved as amended. The minutes of 3/28 were approved as submitted. B. Approval of Warrant List TUCKER/JACOB8 MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agency Assignment Reports Councilmember Wolfe reported on the Hakone Foundation meeting, noting they had an expert gardener from Japan and staff were invited. He noted staff did not attend and next time there is a visit Parks and Recreation should take advantage of it. Councilmember Wolfe reported on the Legislative Task Force noting they went to Sacramento and spoke before Tom Campbell regarding the Housing Element and discussed the possibility of reforming it. Councilmember Moran reported on the League of California Revenue Tax meeting noting they discussed several bills aimed at cutting State mandates. They discussed the following: constitutional review, a report on immigration, restructuring public libraries in the State and formed a sub group to look Over legislation 'regarding municipal financing. Councilmember Tucker noted there will be a slight increase in ABAG dues this year. She also reported on the League of California Environmental Committee and took votes on approximately 33 legislative actions. She noted she has copies of this for the Council. Councilmember Tucker also reported on the Highway 85 sub-committee noting they met with Tom Campbell's aide and passed on the concerns of the citizens. She noted they will keep in touch with Jim Cunneen's office and are waiting on a response from Cal-Trans. Mayor Burger reported on the Mayors and Managers meeting noting they continued to send the message about the concerns of Highway 85. She noted she typed up a report on ~he California League of Cities Public Safety Meeting. Mayor Burger noted she spoke to the Board of the Good Government Group and they are interested in receiving the report from the Policy Development Conference. B. General Council Items 1) Agenda items for joint meeting with Ch~m~er of Commerce April 25 Further items of discussion with the Chamber of Commerce are: Celebrate Saratoga; Evaluation of the Business Development Council; Youth Services Plan. 2) Scheduling of Youth commission Interviews for Saturday morning, June 3 The Council agreed on the date of June 3rd, as recommended by staff. City Council Minutes 8 Aprll 5, 1995 3) Agenda Items for Joint Meeting with Hakone Foundation Board a. Presentation of business plan which incorporates a three year budget b. Task Force study on security c. Signage for Hakone Gardens d. Orientation Program for Board Members Councilmember Moran stated she 'would like to discuss Hakone Foundation's goals and mission statement as well as board turnover. 4) Other Councilmember Jacobs noted that Leo Chavez is leaving West Valley College as he was appointed Chancellor at Foothill College. He stated the City should acknowledge his service at West Valley College. Councilmember Moran stated she received several calls concerning graffiti and asked if the City has a policy and she would also like to discuss this at a study session. City Manager Peacock stated staff is working on a recommendation to be reviewed at the end of the month. Councilmember Moran addressed the recent Town Hall meeting and noted there should be a statement in the Mission Statement regarding the diverse community. City Manager Peacock stated he will ]lave the notes from the Town Hall meeting for review by the Council. Councilmember Moran stated she would like to see the discussion on playground equipment put on the agenda as addressed at the Town Hall meeting. City Manager Peacock stated the City Council needs to give staff some polfcy direction on how to proceed with developing the recreation facilities. He noted there is close to $750,000 in the park development funds. Mr. Peacock reviewed the agenda for the adjourned meeting on Tuesday. Councilmember Tucker stated she and Councilmember Jacobs had a meeting with the compensation sub-committee and would like this put on an agenda for a TUesday meeting sometime in the future. Councilmember Moran addressed the School Liaison, the Council agreed that she would be the liaison. councilmember Moran stated she would like to make recommendations for the Design Review Committee. Mr. Curtis stated he was directed by Council to form the committee and has contacted several people to serve on this committee who have agreed to do so. Mr. Curtis reviewed the people who have agreed to serve on the committee. Councilmember Moran stated she is uncomfortable with the process and stated it was her understanding that the Council would make recommendations. She noted she would get together with Mr. Curtis to review her recommendations. Councilmember Jacobs stated he has no concerns with staff selecting the people to serve on the committee. Mayor Burger and Councilmember Jacobs stated they will serve on the committee. Councilmember Tucker stated the committee should represent the community at large. Mr. Curtis reviewed each of the members selected by staff noting they City Council Minutes 9 Aprll 5, 1995 were selected carefully because of their involvement in the community and their knowledge of the process. He noted there is no problem adding another member or two. Councilmember Moran addressed the Tree Committee meeting on April 29th and asked if the Council will be involved. Mr. Peacock stated the Council are invited to attend. 11. ADJOURNMENT The meeting adjourned at 9:45 p.m. to meeting with Makone Foundation Board at 6:00 p.m. on Tuesday, April 11, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine M. Minutes Clerk