HomeMy WebLinkAbout06-07-1995 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, J~ne 7, 1995
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
Regular Adjourned Meeting - 6:30 p.m.
Roll Call
Councilmembers present: Jacobs, Moran, Tucker, Wolfe, Mayor Burger
The Council interviewed Linda Binkley and Marcia Manzo f6r the Library
Commission.
MORAN/TUCKER MOVED TO APPOINT MARCIA MANZO. Passed 5-0.
Councilmember Moran suggested she and CouncilmemberTucke~ approach Ms.
Binkley about volunteering to act as a coordinator to help with the
YOuth Services Plan as she appeared to be well qualified to assume such
a role.
The Council recessed to the Council Chambers at 7:25 p.m.
Regular Meeting - 7:30 p.m.
Pledge of Allegiance
1. ROLL CALL
Councilmembers present: Jacobs, Tucker, Moran, Wolfe, Mayor Burger
Staff present: City Manager Peacock, City Attorney Riback, Public
Works Director Perlin
2. CEREMONIAL ITEMS
A. Resolution commending Liz Ansnes for .service on Heritage
Preservation Commission
WOLFE/MORAN MOVED TO APPROVE A RESOLUTION COMMENDING LIZ ANSNES FOR
SERVICE ON HERITAGE PRESERVATION COMMISSION. PASSED 5-0.
3. Report of City Clerk on Posting of Agenda
City Manager Peacock reported that pursuant to Government Code 54954.2,
the agenda for this meeting was properly posted on June 2.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
Mayor Burger welcomed the new minutes clerk, Roberta Wolfe.
A. ORAL COMMUNICATIONS (limited to 15 minutes) - None
B. WRITTEN COMMUNICATION8 - None
5. CONSENT CALENDAR
A. Previously-Discussed Items - None ~
B. New Items
1) Planning Commission Actions, 5/24 - Note and file.
2) Library commission Minutes, 4/26 -- Note and file.'
3) Parks and Recreation Commission Minutes, 3/6 - Note
and file.
4) City Financial Reports for April:
a) Treasurer,s Report - Receive and file.
City Council Minutes 2 June 7, 1995
b) Investment Report - Receive and file.
c) Financial Report - Receive and file.
MORAN/WOLFE MOVED TO APPROVE CONSENT CALENDAR B. PASSED 5-0.
C. CLAIMS AGAINST THE CITY
1) Claim of Freltas in connection with broken water main
City Manager Peacock reported that the main in question i~ owned by San
Jose Water.
WOLFE/MORAN MOVED TO REJECT THE CLAIi~. PASSED 5-0.
7. OLD BUSINESS
A. Appointment of Representative From Library Commission to
Citizens Advisory Committee of Library Joint Powers Authority
(continued from May 3) '
City Manager Peacock referred to the! memo from Sally Towse, Chair of
the Library Commission.
TUCKER/MORAN MOVED TO APPOINT SALLY TOWSE A8 THE REPI~ESENTATIVE FROM
THE LIBRARY COMMISSION TO THE CITIZEN8 ADVISORY COMMITTEE OF THE
LIBRARY JPA. PASSED 5-0.
8. NEW BUSINE88
A. Oral Communications (continued) and instructions to staff
regarding actions on current oral c~nmunications - None
B. Public Testimony regarding proposed increased assessments
Concerning Landscaping and Lighting District LLA-1 per Government Code
54954.6 (a)(1)
Larry Perlin, Director of Public Works , presented the staff report
and said seven protests had been filed, six protesting annexation and
one protesting the increased assessment. He said Council would take no
action tonight. This was an opportunity for public input. The public
hearing is scheduled for the next meeting when protests will be
canvassed.
Kenneth Wilton, 20405 Cox Avenue, (Zone 2) stated that he had no
objection to the amount of the assessment. He did, however, have
concerns about the overhead charges and administrative charge which he
felt were excessive. He referred to his letter dated January 13, 1995
in which he stated that he and others in the zone agreed with the
$40-50 per parcel. He said unless some economies are exercised, the
assessment will exceed this limit. Me said $40 should not be the base
from which the assessment goes up, but the goal of the Public Works.
Department.
Harry Parker, 18918 Cabernet Drive, said he was in Zone 13 and had
filed a protest against the increased assessment. He said he did not
~bject to the amount but to the principle. The district was formed to
provide for periodic landscape maintenance and improvements. The
property adjacent to Obrad Drive is private property, and the City does
no maintenance. Homeowners have been denied maintenance on that
property by the City Manager. Mr. Parker said he did not see how
maintenance of that property can be claimed as a reason for this
assessment and he did not understand why this small group of homes on
Cabernet Drive has been designated as a zone within the district.
There are no street lights. There is no maintenance by the City. None
of the other homes around them are in a landscape and lighting zone.
He asked why they have been singled out and classified as a landscaping
and lighting maintenance zone.
Mr. Perlin said this zone was established at the time the subdivision
City Council Minutes 3 June 7, 1995
was developed. As a condition of subdivision approval the developer
agreed to cause the subdivision to be annexed. The reason was that
there was some entryway landscaping that was required. Mr. Perlin told
Council about the moving of a house on an adjacent lot and how the lot
then became part of the subdivision entryway. He said he thought the
entryway landscaping was on private property and is maintained by the
adjacent property owners. The area was made a zone in the district so
that in the event those two adjacent property owners determined they no
longer wanted to provide maintenance, the district would provide it.
He said there is a valid question as to whether the zone should exist.
No services are being provided, just administration. Council might
want to consider the area for detachment.
In answer to a question from Mayor Burger, City Attorney Riback stated
that since a public hearing is scheduled on this matter, it would be
inappropriate at this time to give direction.
In answer to questions from Councilmembers, Mr. Perlin said he wasn't
sure if the property in question was absorbedby the adjacent property
owners or if it is still owned in common by the development. In regard
to the large increase in the assessment, Mr. Perlin said the assessment
the first year was $18. He said perhaps it was more than was needed
and there might have been a surplus over the years.. He said he would
refer to this as an administrative zone because the costs are those of
keeping it on the book and sending out bills; no landscaping is being
done.
Mr. Parker said he owned the house that had been on the adjacent parcel
and it had been moved to its present location on a lot within the
subdivision. The vacant lot was then deeded to the two properties on
either side of the street. They own it and maintain it. They don't
want the City to maintain it. When those two homeowners had asked the
City about replacing some trees that died, they were told by the City
Manager that they were not in Zone 13 and the City could not maintain
private property.
LyleLeverich, 12841 Glen Brae Drive, said he had twelve signed letters
of protest from residents of Glen Brae and Aberdeen Court. These
properties are in Zone 22. He said they protest the resolution
proposing annexation to the lighting and landscape maintenance
district for three reasons: 1. There is no landscaping or lighting to
maintain. 2. Why should they pay for maintenance of another tract's
signs? 3. This is a thinly disguised ruse to raise more revenue by
the City without regard to who pays. Let the people who live in the
area served by the things requiring maintenance pay for them. As a
constructive alternative, Mr. Leverich suggested that it would be less
offensive to eliminate districts and let everyone in the City pay
equally. If there is some reason this cannot be done (for example,
covenants on the property) leave things as they are. Mr. Leverich
submitted the letters.
At 8:00 p.m., Mayor Burger returned to the public hearing portion of
the agenda.
6. PUBLIC HEARINGS
A. City Of Saratoga 1995-97 Budget, including Proposed
Resolution Increasing Various Fees for Services
City Manager Peacock presented a staff report and gave some background
of the budget process. He showed an overhead titled, Budget
Expenditure Summary, Fiscal Years 1995-97, and reviewed budget and
estimated expenditures for 1994-95, 1995-96 and 1996-97. The City
Manager reviewed three other overheads showing draft budget May 12,
1995, draft budget June 7, 1995, and General Fund Projections for
Fiscal Years 1997-98 and 1998-99.
Mr. Peacock referred to Page 6 of the draft budget message and
reviewed the 13 policy initiatives listed. He note~ the communications
that had been received in regard to the budget and given to Council
this evening.
C~ty Council Hinutes 4 ~Une 7, 1995
At 8:35 p.m., Mayor Burger opened the public hearing.
Marvin Becker, 12120 Mellowcod Drive, listed three places the City is
spending money where he did not think they should be involved: 1.
Non-profit groups. 2. Recreational programs that are individual types
of recreation. He said he could see funding parks. 3. He said he
understood that retirement for City employees is 2% per year. He said
that over 20 years that amounts to 40% of their salary and in private
industry it is less.
Roy Cook, 12305 Candy Court, said he is a member of the Board of
Directors, Good Government Group. Me commended the r~.s~onsiveness of
Council to suggestions that they not dip into reserves and that they
look at privatization of services.
Dick Siegfried, 13388 Surrey Lane!, said he was speaking as an
individual~ not representing a group or organization. He presented a
letter Pete Kreamer had asked him to get into the record. He said he
wanted to talk about the budget process. He stated they had arrived at
the critical moment too late with no time to thinkSabout it. Council
is being asked to do in three weeks what could ~ave been done over
several months. He said Council had looked at charts that half of the
audience couldn't see, and many had not seen the proposed budget.
Staff went through.the process in 20 minutes. He said this is typical
of government and it needs to change. He suggested that Council do
the minimum that has to be done to adopt an interim budget. He said
fee increases should be accepted although he had questions about the
effectiveness of the economic projections, especially in light of
changes in federal taxes which would have a devastating effect on the
real estate market in California. Mr. Siegfried said some of the cuts
that should be made are in night traffic service,~animal control and
Planning Commission and City Council memberships." In regard to the
accounting system, he said Council should ask what the City will get
out of it and how quickly they will get it. He said they might want to
look at the private sector for this. He suggested that over the next
9-12 months Council look at every service the ~ity provides. He
suggested going back to the original concept of a minimum service city
and look at what we must do, what we would like to do and what we can
pay for it. He suggested looking at whether recreation and senior
services will be fully funded. He urged Council to look at every
function of the City to see how there can be full cost recovery and to
consider privatization. He said he would like Council to adopt
something on an interim basis, closely examine the budget over the next
few months and not be in this position two years from now.
Peggy Corr, 19224 DeHavilland Drive, representing Friends of the
Library, said she had two concerns: 1. Dropping of the Sunday hours
to the nine-month period of the year. Library staff has said that this
is probably one of the busiest checkout times of the week and state
funding depends on checkout volume. 2. The community supported
Measure A. One of the things they were told was that with the
assessment there would not be a reduction in the present level of
financing. She suggested that Council wait and see how much revenue is.
returned from the parcel tax and then make decisions. She reminded
Council that Saratoga was founded as a minimum service city and library
service certainly meets a basic need of the City. It supports not only
adults but school children.
Cindy Ruby, 14205 Squirrel Hollow Lane, member of the Board of Trustees
of the Saratoga Unified School District, spoke about the proposed cut
of crossing guards. She said safety is the number one responsibility
of the City. She referred to the intersection of Saratoga Avenue and
Fruitvale and said there is more school traffic because of Highway85,
new homes and new traffic patterns. She said they are also very
concerned about the traffic at Allendale and Fruitvale because of
traffic from West Valley College, City Hall and the post office. She
said the bottom line is that everyone wants a safe city. She said
until there has been a good evaluation of traffic patterns it's
imperative to protect the children for another year.
Yu-Chian Tseng, 20475 Tricia Way, expressed concerns regarding cutting
City Council Xinutes 5 June 7, 1995
of youth programs and mentioned a musical event that had been canceled
this Friday and perhaps for the next year also. He'said parents were
also concerned and submitted signatures of others who shared his
concerns.
Karen Keane, 10129 E1 Granada Court, representing Joint Venture Silicon
Valley Network, referred to Council's Goal 11. Ms. Keane said the
reasons cities are choosing to invest are the specific benefits
provided by JVSV: 1 - Regulatory streamlining program. 2. Smart
teams - keeping business expansions here. She said their objective is
regional economic vitality and improvement in education. She referred
to the City's Goal 12, business and economic developmen[. She talked
about the elected official economic round table and the regional
economic development strategy, jobs for residents and quality of
education for youth. She said they have put together marketing
materials to promote Silicon Valley,_not just high tech but quality of
life. Sheurged continuing support of Joint Venture.
Steven Tong, 19335 DeHavilland Drive, said he is a ten year old middle
school student and expressed concerns regarding proposed cuts to the
library, the Warner Hutton Mouse and senior programs. He asked what
would happen to the Oddfellows Home. Mr. Tong was informed that the
home would not be affected by cuts in the city's budget. He said
people want education and crossing guards.
Adam Brown, 13860 Saratoga Avenue, spoke regarding the proposed cuts to
library service and the Hutton Mouse program. He said they should not
be cutting them because students need a place to go and do homework.
Some families do not have enough money for encyclopedias and need the
resources of the library. Regarding the Mutton House, he said a lot
of kids go there after school and it's an alternative to going out on
the streets.
Moez Shiuji, 13055 Via Escuela Court, said he is a student at Redwood
Middle School. He said the Mutton House is a great program. It gives
students place to go after school and is a better place than the
alternatives.
Jeff Verson, 13636 Westover Drive, said the Hutton House provides a
place to do homework and play games. There are. chaperones and food.
In regard to the library, if the Hutton House is dlosed that would be
the only place left for some students to go after school.
Warren Wong, 18866 Allendale Avenue, said he represented concerned
parents and students. Day care is provided for elementary school
students and high school students can drive. There is no program other
than the Hutton House where middle school students would be supervised.
He said the youth programs, including dances on Friday, offer options
to keep kids away from crime on Friday night.
Mayor Burger said the public hearing would not be closed but will be
continued to June 21. There would be no more public testimony tonight
however.
Councilmember Wolfe said it had been mentioned that Saratoga was
organized as a minimal service city. He said he had not heard requests
for extravagant services and referred to crossing guards and the Warner
Mutton House. Fee increases are market driven. The problems we have
in this minimal service city is that while the budget remains the same
requirements are increased from factors and agencies beyond city
borders. The city has had to reduce services t~ pay for unfunded
mandates. As an example, Councilmember Wolfe talked about the signs
the city had had to paint regarding pollution flowing to the bay and
referred to them as government graffiti. Me said there was also a sign
on the library, and it said closed Mondays. He said something is amok.
The City is seeking relief from these mandates but it is a slow
process. He said we must ask citizen groups to help identify mandates
that benefit us not but cost a lot. He said he appreciates and will
consider citizen input. He discussed Joint Venture~S~icon Valley and
the benefits the City can derive and he thought the City might be
foolish if they eliminated it from the budget. He said if the City is
C~t~ Council Hinutes 6 ~une 7, 1995
trying to enhance its tax base through expanding business in the area,
he thought eliminating membership in the Chamber of Commerce might not
be wise.
Councilmember Moran said there need to be major revisions in the way
the budget process is run. She said she appreciates staff's work on
the budget to this point. Council needs to ask in every service area,
do we want to do this, can we affozrd to be doing this service, and
should we be doing less than were currently doing. Our revenues are
not growing and our needs continue to grow. She asked what can we do
to make sure we do not threaten the reserves. She said she is in favor
of keeping the reserve at $2 million and keeping the 3% contingency
fund. Regarding cuts, she said safety is a number one priority and
responsibility of the City. She said she does not.see the City being
interested in cutting crossing guards. She wished to continue to
maintain the Heritage Orchard. She said she thoughtthat_the idea that
services should be covered by fees is one that must be looked at in the
area of recreation and youth services and said she was not in favor of
closing the Hutton House or diminishing youth services but that they
needed to look at how they are funded.
Councilmember Tucker said the City needs to look at what they can
afford and what alternatives there might be to provide the same level
of services, maybe getting togethe~r more with schools or private
agencies. She said she agreed that they needed to look at full cost
recovery because there is not a lot of money in the budget to work
with.
Councilmember Jacobs agreed that it is a problem not getting the budget
until a few weeks before they need to pass it. One reason for adopting
the two year budget process was to get the budget sooner. He said no
one wants cuts. Programs are funded because Council thinks they are
worthwhile. However, programs have been funded by paying down on the
reserves He said the City has reached the bottom of the reserve
barrel. He said it was easier to say yes than no inthe past. He said
that between 1990-1994 the reserve is down from $6 million to $2
million. He said the City must face reality and must make cuts or
raise taxes to pay for services. Mr. Jacobs said Council would welcome
citizens getting something on the ballot to raise taxes. He said
Council had asked staff to come back with two approaches: 1. Cut
budget. 2. Find additional revenue sources. Council gave staff
discretion as to where they wanted to make the cuts. In general he
thought Councilmembers did not agree with all of staff's proposed cuts.
He said he was not convinced the proposed revenues can be raised, in
particular, Planning fees. The higher fees would make it too
expensive to do planning and construction in Saratoga. He said he and
the Mayor are working on a committee to streamline the planning process
to reduce the n,~mher of hurdles people have to go through, thereby
reducing fees. Me said it is contrary to what they are doing to
increase planning fees. He said he felt that the Council must be
specific about cuts or let staff make the cuts. Mr. Jacobs said he
felt he should let the community know where he th~nks cuts should be
made and listed the following but didn't rule out changing his mind:
Additional traffic deputy afternoon - $90,000.
Saratoga Area Senior Coordinating Council (SASCC) funds - He
said he understands they have a $700,000 endowment fund
accumulating income which is not being spent. If that is the case
the City can't be asked to supplement their funds. ~.
Broadcasting of City Council meetings on television.
Paratransit.
Some commission conferences.
National League of Cities membership.
$12,000 for traffic counts.
Advertising for meetings not mandated by state law. He said the
City might have to ask the papers to provide free advertising of
meeting schedules as a public service. Also notices are being
sent out to homes beyond the legal limit and should be cut to the
legal limits.
Hakone budget.
Management information services - $100,000. He said he thinks the
Cit~ Council Minutes 7 ~une 7, 1995
City needs to improve MIS but suggested postponing it at least 6-8
months and then continue it if they cant afford it then.
Cuts in staff. He said if services are cut, staff cuts should go
with it. Consideration of privatization of services is an
excellent idea.
He said this cannot be accomplished in two weeks. In regard to the
Hutton House, he said he did not want to see anything cut for youth,
but recreation should pay for itself. Those items that cannot pay fOr
themselves must be considered for cuts. The recreation staff said there
was no way the Hutton House program can be made to pay for itself. If
fees were raised fo~ full recovery the program would riot exist. Mr.
Jacobs said he did not want to cut crossing guards. However, a
previous Council had told the schools they must come up with a plan for
car pooling and crossing guards would be provided until then. He said
the City has come through and the~_schools have not come through on
their promise to reduce congestion by increasing car pooling. He said
maybe the City should fund crossing guards for 95-96 with a proviso
that if the schools don't do what they promise the City may not fund
them in 96-97 though this is something he doesn't want to see happen.
Mr. Jacobs said he and the Mayor had gone to the City's congressman to
seek funds for crossing guards but had not been able to get funding.
He said he would not like to see a cut in orchard maintenance; he had
been told that the orchard will die. He suggested that reduction of
maintenance costs be spread over all parks. He said he would like to
see the money for the library kept in the budget.
In answer to questions, City Manager Peacock sai~ Measure A funded
restoration of library services to the 1991-92 service level and that
the City had not always provided funding for the library, only after
Prop 13 took away funding property tax revenue f~om the Library
District. .J.
Councilmember Jacobs said he would prefer not to see money cut from the
library. He said you get what you pay for and the City cant keep
everything unless they get more revenue to keep it. He said he would
like to try to enhance revenues. Those areas in the budget which have
bringback in terms of revenues are items he said he would prefer not to
cut (Chamber of Commerce membership, parade). He said he is trying to
keep an open mind, but the bottom line is that cuts must be made
somewhere.
Mayor Burger agreed with other Councilmembers' comments. She said it
is necessary to begin a program .of full cost recovery, especially in
the areas of permitting and recreation activities. With awareness
regarding the need to both cut and contain costs and seek new areas of
revenue, she said she would suggest a different approach to cuts. She
suggested making partial cuts in some areas to serve as a warning that
Council needs to look at the funding currently provided and to put some
groups in the City on notice that the City is in a period of serious
budget constraints. Groups need to understand that the ability to fund
as we have in the past is disappearing; she mentioned in particular,
SASCC and perhaps crossing guards. Ms. Burger said she felt strongly
that the City should retain its Chamber of Commerce membership. One of
the City's goals is to improve the business relationship in the
community. She said she would not want to see library hours cut on
Sunday. She is' of the opinion that the City must go forward on the
management information system. Regarding the Heritage Orchard, Ms.
Burger said she had talked to the Heritage Commission and Parks and
Recreation about their adopt a park program and the possibility of
developing a volunteer program to maintain the orchard.
By consensus, Council agreed to hold a study session at 5:30 p.m.,
Monday, June 12, in the Administrative Conference Room at City Hall.
The public was invited to attend the study session or to contact
Councilmembers or staff if they were unable to attend but had input for
the meeting.
RECESS: 9:47-10:00 p.m. ~'
City Council Minutes 8 June 7, 1995
B. Weed and Brush Abatement
City Manager Peacock reviewed the staff report and resolution. Mayor
Burger opened the public hearing at 10:02 p.m. No one wished to speak
and the public hearing was closed at 10:02 p.m.
MORAN/TUCKER MOVED TO ADOPT THE REI~OLUTION ORDERING ABATEMENT OF A
PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS NEEDS AND BRUSH. PASSED 5-0.
8. NEW BUSINESS
C. Memo Authorizing Publicity for Upcoming Hearings -
Landscaping and Lighting District
City Manager Peacock reported that all property owners have been
notified and notices have been publishbed. Staff recommended no further
publicityj'
MORAN/WOLFE MOVED THAT 8TAFF,S RECOMMENDATION FOR PUBLICITY FOR THE
LANDSCAPING AND LIGHTING DISTRICT BE APPROVED. PASSED 5-0.
D. Revisions to Santa Clara County Cities Association
Administration Agreement end By-Laws
City Manager Peacock presented the staff report.
MORAN/WOLFE MOVED TO AUTHORIZE THE CITY,SREPRESENTATIVETO APPROVEAND
EXECUTE THE PROPOSED REVISEDDOCUMENTS AS NECESSARY AT THE jUNE 8 BOARD
OF DIRECTORS MEETING. PASSED 5-0.
Councilmember Tucker said she would be attending the meeting as the
City's representative and would vote according to their direction.
E. SeventhAmendment tO Cal-ID ReglonalAgreement Extending Term
through June 30, 1996
City Manager Peacock presented the staff report. In ~nswer to questions
from Councilmembers, he said that the City's share is based on
population. The service is a way to coordinate when there are multiple
jurisdictions involved. Also, they are on-line with other major
metropolitan areas in California. He said the closure. rate for cases
in Saratoga is high. San Jose houses and staffs the operation so they
don't pay an assessment like the other cities do.
MORAN/JACOBS MOVED TO DIRECT THE MAJOR AND CITY CLERK TO EXECUTE THE
AGREEMENT ON BEHALF OF THE CITY. PA~SED 5-0.
9. ROUTINE MATTERE
The City Attorney was excused.
A. Approval of Minutes - 5/17 J
There was consensus to approve the minutes as submitted.
B. Approval of Warrant List
TUCKER/MORAN MOVED TO APPROVE THE W~tRANT LIST. PASSED 5-0.
'10. CITY COUNCIL ITEMS
A. Agenda items for joint meeting with Library Commission June
27 (Library Commission items llsted below) ~
1) Timing of joint meeting--could it be scheduled prior to
the funding cycle for better timing of Library
commission input?
2) Library Foundation update
3) JPA update/discussion (partlcularly the meeting of
Cit~ Council Minutes 9 Jane 7, 1995
6/22/95)
4) Youth Services Plan - how the Librar~ provides a vital
llnk.
5) Vision 2020:
a) building expansion
b) book drop _
Council directed staff to place these items on the agenda for the joint
meeting.
B. Finalize Agenda for joint meeting with Parks & Recreation
Commission ~ane 13
Councilmember Jacobs asked if Council could discuss proposed budget
cuts that affect Parks and Recreation at this meeting. By consensus,
Council directed staff to place budget matters on the agenda.
C. Other
The meeting was adjourned at 10:17 p.m. to 5:30 p.m. on Monday,
June 12, andthen to 7:00 p.m. on Tuesday, June 13, both meetings
to be at Administration Meeting Room, 13777 Fruitvale Avenue.
(clerk's note: A special meeting for the purpose of a closed
session was later called for 6:30 p.m. on Tuesday, June 13.)
Respectfully submitted,
Roberta ~