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HomeMy WebLinkAbout04-19-1995 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 19, 1995 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The meeting was called to order at 7:34 p.m. Pledge of Allegiance 1. ROLL CALL Councilmembers present: Tucker, Wolfe, Moran, Mayor Burger Councilmembers absent: Jacobs Staff present: City Manager Peacock, City Attorney Riback, City Engineer Perlin 2. CEREMONIAL ITEMS A. Proclamation on Earth Day TUCKER/MORANMOVED TO APPROVE A PROCLAMATION ON EARTH DAY. PASSED 4- 0 (Jacobs absent). 3. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 14. 4. COMMUNICATIONS FROM COMMISSIONS laND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) Ms. Teresa Polcyn, 14365 Paul Avenue, addressed the Oklahoma bombing and asked if the City, along with Los Gatos, could organize a candlelight vigil. Mayor Burger stated she will get in touch with Los Gatos to organize this. B. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously-Discussed Items 1. Ordinance repealing Temporary Water Conservation Measures (second reading and adoption) MORAN/TUCKER MOVED TO ADOPT AN ORDINANCE REPEALINO TEMPORARY WATER CONSERVATION MEASURES AND WAIVE FURTHER READING. PASSED 4-0 (Jacobs absent). B. New Items 1) Planning Commission Actions, 4/12 - Note and file. 2) Library commission Minutes, 2/22 - Note and file. 3) City Financial Reports for March: a) Treasurer's Report - Receive and file. b) Investment Report - Receive and file. c) Financial Report - Receive and file. d) Quarterly Quarry Creek Trust Report - Receive and file. 4) Revised City Council Master Meetings Calendar for 1995 - Adopt calendar as a planning guide for the remainder of City Council Minutes 2 April 19, 1995 the calendar year. 5) Final Map Approval, 13615 Fruitvale Avenue (8 lots) -Phase 2 (SD91-005), Developer, Kerwln Ranch TUCKER/WOLFE MOVED TO APPROVE CONSE~ CALENDAR B. PASSED 4-0 (Jacobs absent). C. CLAIMS AGAINST THE CITY 1) Claim of Delleaback in connection with fall at Villa Montalvo Staff recommends that the City Council reject the claimY MORAN/TUCKER MOVED TO REJECT THE CI~IM. PASSED 4-0 (Jacobs absent). 7. OLD BUSINESS A. Landscaping for HighwayS5 - councilmember Tucker Councilmember Tucker stated there has been discussion about replacing the deciduous trees with evergreen trees along Highway 85 in Saratoga to help with noise and pollution problems. She noted with the help of Caltrans and Councilmember Wolfe~s wife, Judy, the trees will be replaced. She added people can look at the proposed changes at City Hall. Mr. Larry Perlin stated the message from Caltrans was that the deciduous trees will be replaced with redwood trees along the Saratoga portion of the freeway. He noted they will receive the plans next week and would recommend that the Council. put this back on the agenda for May 3rd to review the plans. He added once the plans are approved they can be sent to Caltrans to make the appropriate changes. Mr. Perlin noted there should be little or no increase in cost'for the changes. He stated the landscape architect noted that the redwood trees would be suitable for Saratoga with few exceptions, where a variety of trees will be planted. MORAN/TUCKER MOVED TO CONTINUE THIS ITEM TO MAY 3RD. Councilmember Wolfe noted the Evergreen trees will help the noise and pollution. He noted the work was made easier for his wife with the help of the Noise Committee and Councilmembers. Mr. Perlin stated Caltrans deserves credit for their cooperation, especially Lyle Oehler. Councilmember Tucker requested that staff send a letter of thanks.to Mr. Oehler and Mrs Wolfe. This was an amendment to the motion. The above motion, including the axmendment was passed 4-0 (Jacobs absent). Ms. Joan Hershkowitz, 19364 Shubert Ct., thanked the Council and noted. she is encouraged that elected officials working with the citizens can make a change. She thanked Counciln~embers Wolfe and Tucker and Judy Wolfe. Ms. Hershkowitz stated she would encourage the Council to keep working with the citizens. B. Award of Contract for Wildwood Park Improvements, CIP 955, to James Savattone in the amount of $43,113.50~ city Manager Peacock briefly reviewed the staff report dated April 19, 1995. TUCKER/MORAN MOVED TO DECLARE JAMES A., SAVATTOHE CONSTRUCTION TO BE 'THE LOWEST RESPONSIBLE BIDDER ON THE PROJECT. PASSED 4-0 (Jacobs absent). TUCKER/MORAN -MOVED TO AWARD A CONSTRUCTION CONTRACT TO JAMES A. SAVATTOHE CONSTRUCTION IN THE AMOUNT OF $43,113.50. PASSED 4-0 (Jacobs absent). City Council Minutes 3 April 19, 1995 TUCKER/MORAN MOVED TO AUTHORIZE STAFF TO EXECUTE CHANGE ORDER8 TO THE CONTRACT UP TO $4~500. PASSED 4-0 8. HEW BUSINE88 A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None Mr. Perlin requested that item 8B be heard later on the agenda. C. 1994-95 Audit Engagement Letter with Maze and Associates TUCKER/MORAN MOVED TO APPROVE THE ENGAGEMENT LETTER TO PERFORM INDEPENDENT AUDITING SERVICES FOR FY 1994-95. PASSED 4-0 (Jacobs absent). D. Memo Authorizing Publicity for Upcoming Hearings - Nelson Gardens MORAN/TUCKER MOVED TO APPROVE THE PUBLICITY AS KECOMMENDED. PASSED 4- 0 (Jacobs absent). 9. ROUTINE MATTERS A. Approval of Minutes - 4/5 The minutes of 4/5 were approve as submitted B. Approval of Warrant List TUCKER/MORAN MOVED TO APPROVE THE WARRANT LIST. PASSED 4-0 (Jacobs absent). Councilmember Wolfe reported on his agency assignments at this time. HCD - A major concern was an 18% reduction in fees coming to HCD. Saratoga Business Development Council Steering Committee - There was a presentation from the Director of Business Development from the City of San Carlos. He noted himself and Mayor Burger have been visiting the business people in town and getting feed-back on what they would like to see. He added many people responded to the article in the Mercury News and would recommend that people write letters to the editor about business in Saratoga. 6. PUBLIC HEARINGS - 8:00 pm. A. Ordinance extending a utility user tax at rate of 3.5% with a five-year sunset clause city Manager Peacock noted there was an additional written communication. from L.M. Thorpe dated April 15, 1995. Mr. Peacock reviewed his memo to the Council dated April 19, 1995. In response to Councilmember Moran's question, Mr. Peacock explained. the Tax Equity Allocation (TEA). Mayor Burger opened the public hearing at 8:07 p.m. Mr. L. M. Thorpe, 19550 Farwell Ave., stated he would like his letter read into the record and posted in the Saratoga News. Mayor Burger stated the letter will become part of the official public record. Mr. Thorpe read article 13A, section 4 of the California Constitution regarding the utility user tax as outlined in his letter. He also addressed a Court case involving the City of Mill Valley with regards to the tax, also outlined in his letter. Ms. Elaine Hocker, Three Oaks Way, stated if the Council feels the majority of the citizens are in favor of this tax, why not put it on the ballot? City Council Hinutes 4 April 19, 1995 Mr. Shelley Williams, 11951 Brook Ridge Dr., stated Prop. 62 allows the Council to pass a general tax on a 51% vote to be used for general purposes, but it had been struck down by the courts. He stated he would recommend that the Council consider having the public vote on the matter and get the support from the citizens. He stated this tax should be a general tax. The public hearing was closed at 8:~5 p.m. City Attorney Riback Stated the ordinance before the Council would reenact the Utility User Tax. He noted the revenue from this tax goes into the general fund which is available, and is used for any appropriate general fund purpose. He added the revenu~ collected is not committed for any particular purpose, but is a general fund. Mr. Riback noted the case referred to by Mr. Thorpe is a Marin County Superior Court case and that decision, which related specifically to the actual circumstances that concerned the adoption of the tax by the City of MUll Valley, does not carry any precedent setting nature and has no impact on any other city in California. He noted this particular court case has been appealed. If the court decides that this may have precedent setting nature, he will advise the City Council at that time. Councilmember Wolfe stated he does not like extending taxes, but as a Council they have the responsibility to provide the necessary services to the.citizens. He added the Council need to cover their obligations to the City because of the many services mandated from other agencies, which are not funded. He hopes in the future there will be a move to rescind unfunded mandates. Councilmember Wolfe stated he believes that this measure cannot be avoided at this time. Councilmember Tucker stated, in response to Ms. Hocker's comments, it cost money to put this on the ballot and they are finding that a large number of people do support this because of the benefits attached to it. She noted at this point it benefits the City to go forward with the tax. Councilmember Moran spoke in support of leaving the sunset clause in as this gives the citizens the opportunity to come before the Council and voice their objections and request fewer services. The public hearing was re-opened at 8:25 p.m. Mr. Thorpe stated that if most people are in favor, if it was put on the ballot it would pass. He stated he has asked that this be brought to the citizens of Saratoga as he believes the court case referred to earlier, will not be appealed. Mayor Burger closed the public hearing. Councilmember Moran stated she appreciates the letter from Mr. Thorpe and believes the City Attorney responded. MOR~N/WOLFE MOVED TO INTRODUCE i~N ORDIN~CE BY TITLE ONLY, WAIVING. FURTHER RE~DING~ AHENDIN~ SECTION 5-.3.160 OF CHAPTER Vt ARTICLE 30t REL~TIN~ TO EXTENSION OF UTILITY USE~S TAX"SUNSET" PROVISION. PASSED ~-0 ~acobs ~bsent). City Manager Peacock stated this item will come back on the consent calendar for approval without further discussion. B. ~batement of public nuisance declared to exist on the propert~ described as APN 38644038, Xlaratoga, California (Cox Avenue Railroad Tracks), consistin9 of accumulation of palm tree clippings and debris for more than one week {owner, Southern Pacific Railroad) City Manager Peacock stated this is a resolution ordering the abatement of a public nuisance. Mayor Burger opened the public hearin~ at 8:28 p.m., hearing no-one the hearing was closed. city Council Minutes 5 April 19, 1995 MORAN/TUCKER MOVED TO ADOPT ARESOLUTION ORDERING THE ABATEMENT OF A PUBLIC NUISANCE. PASSED 4-0 (Jacobs absent). S. B. Resolutions in connection. with Reauthorization of Landscaping and Lighting District LLA-1 for 1995-96 and Annexation 1995-1 City Engineer Perlin reviewed the staff report dated April 19, 1995 outlining the recommended motions. 1. Resolution describing improvements and directing preparation of engineer's report for Fiscal Year 1995-96. MORAN/TUCKER MOVED TOAD OpT THE RESOLUTION DESCRIBING IMPROVEMENTS AND ORDERING THE ENGIMEER'8 REPORT FOR REAUTHORIZATION OF THE DISTRICT FOR FY.95-96. PASSED 4-0 (Jacobs absent). 2. Resolution determining to undertake proceedings for the annexation of territory to an existing assessment district. MORAN/TUCKER MOVED TO ADOPT THE RESOLUTION DETERMIRE TO UNDERTAKE PROCEEDINGS FOR ANNEXATION NO. 1995-1. PASSED 4-0 (Jacobs absent). 3. Resolution appointingattorneys for Fiscal Year 1995-96. MORAN/TUCKER MOVED TOADOPT THERESOLUTION APPOINTING THE ATTORNEYS FOR THE DISTRICT FOR FY 95-96. PASSED 4-0 (Jacobs absent). 4. Proposal for Assessment Engineering services. Councilmember Wolfe asked if they solicited bids for this project. Mr. Perlin stated at one time there was a competitive bid process and Mr. Heindel was selected. He noted Mr. Heindel is local and has provided exceptional services for the district for a number of years. He added he did not solicit bids for this service, and the fees charged by Mr. Heindel are reasonable. Councilmember Moran stated she shares Councilmember Wolfe's comments regarding bids and stated next time around the City should seek quotes again. MORAN/TUCKER 'MOVED TO ACCEPT THE PROPOSAL FROM JOHN HEINDEL DATED OCTOBER 5, 1994 TO PROVIDE ASSESSMENT ENGINEERING 8ERrICE8 FOR THE DISTRICT FOR FY 1995-96 THROUGH FY 1999-2000. PASSED 4-0 (Jacobs absent). 5. Sunland Park (Zone 17) streetscape improvements along Quito Road. Mr. Richard Gurney, 18241 Purdue Dr., President, Sunland Park Homeowners Association, stated they are looking to the Council to eliminate the deferred improvement agreement, as outlined in the staff report, if the homeowners put in the landscape improvements. He stated the homeowners are also interested in seeing if the Council will finance the project so that the cost to the homeowners would be more, manageable. He noted in May 1994 the homeowners agreed to assess themselves and use the money to develop a landscape plan. He noted the plans have been reviewed and determined the cost to be $80,000. He added they had meetings discussing the plans and will have a general meeting to discuss costs and decide whether to continue the process. He would encourage the Council to support their requests. Councilmember Tucker asked if the homeowners had considered a meandering walkway on the plan with more trees. Mr. Gurney stated this would be too costly. In response to Councilmember Moran's question Mr. Gurney stated the planter island on Clemson is for safety reasons. Mayor Burger stated the Council is excited about the enthusiasm shown by the neighbors. TUCKER/MORANMOVED TO ADOPT A MINUTE ORDER ACKNOWLEDGING THE COUNCIL'E City Council Minutes 6 April 19, 1995 CONCURRENCE THAT THE QUITO ROAD 8TPa2ETSCAPE IMPROVEMENTS CONTEMPLATED BY ZONE 17, IF IMPLEMENTED DURING FY 95-96, WOULD SATISFY THE OBLIGATION TO THE CITY OF THE DEFEPaJ~D IMPROVEMENT AGREEMENTS RECORDED AGAINST THE 200 SUNLAND PARK P~3PERTIE8; AND THAT 50 % OF THE STREETSCAPE IMPROVEMENT COST, UP TO A MAXIMUM OF $40,000, WILL BE FINANCED FOR ONE YEAR BY DRAWING FROM AVAILABLE LLA-1 FUND RESERVES. Councilmember Tucker asked if the homeowners are .aware of the City Forest Trees program. Mr. Perlin stated there is time to explore opportunities to acquire some of the plant material at a reduced cost or through a grant program. The above motion was passed 4-0 (Jacobs absent). 10. CITY COUNCIL ITEMS A. Agency Assignment Reports Councilmember Moran'reported on the following agency assignments: Emergency Planning Council - They are putting together a task force of citizens and staff members who are interested in working on citizen preparedness~ She stated this is a County wide effort, tailored to local needs. She noted she would like to contact the Public Safety Commission and ask staff to write a letter to homeowners groups. Mayor Burger stated the Council should direct staff to contact the Public Safety Commission and homeowners groups. School Liaison - will meet tomorrow. Sister City Committee - They are looking for students for the exchange program. Applications will be available in May. .Transit Assist - They are considering the restructuring of the organization, and she will attend this meeting and bring information back to the Council. Councilmember Tucker reported on the following agency assignments: ABAG - They are holding the Spring General Assembly-and will discuss the following: 1) Increase in dues and 2) Increase in Per Diem for elected officials served. She noted this will bring them up to par with other organizations. The Council had no objections to increase the dues or the per diem. Santa Clara County Cities Association - Attended the General Meeting and Saratoga was one of the few cities to have a majority of their Council in attendance. She noted }'red Silva gave an update on the State Constitution. Councilmember Moran stated SCCCA had a meeting for newly elected, Councilmembers. Councilmember Tucker noted she received a video from Joint Powers - Silicon Valley. Mayor Burger reported on the following agency assignments: CMA Board - She noted CMA has changed to the Transportation Authority Policy Advisory Committee. It was agreed that the alternate to this committee will be discussed at the next meeting. She noted there' was a bill introduced by Mr. Alquist, supported by MTC, to increase fuel sales tax up to 8%. She added 95% of this tax collected would be returned to the County of origin. The County would identify the projects to be undertaken with these funds. She noted the tax cannot be used for projects that increase the road capacity of single occupancy vehicles. City Manager Peacock stated this is controversial in Santa Clara County City Council Minutes 7 April 19, 1995 because of the Measure A issues. He noted the money will only be passed downto the cities if used for improvements such as signal light timing etc. Mayor Burger noted she and the City Manager met with Sheriff Gillingham regarding the School Resource Officer. She noted there has been an agreement to keep him on board. B. General Council Items 1) Agenda items for meeting with Youth commission 5/9 City Manager Peacock stated they will go over events which have taken place over the past year and the plans for the following year. He also noted the theater production people would also like to meet with the Council to discuss their ideas. He suggested the Council meet With them after the Youth Commission meeting. 2) Other Councilmember Moran stated she received a letter from Mr. Blazdale regarding village parking. She asked that this citizen be notified of the public hearing in August regarding this matter. ~ 11 · ADJOURNMENT The meeting adjourned at 9:20 p.m. in memory of the innocent victims in the Oklahoma City bombing disaster, to 7:00 p.m. on Tuesday, April 25, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, Catherine ~. R~J~ard Minutes Clerk