HomeMy WebLinkAbout06-18-1997 City Council Minutes MINUTES
SAI~TOGA CITY COUNCIL
TIME: Wednesday, June 18, 1997- 6:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
Closed Bession - 6:00 in Administration Conference Room, 13777
Fruitvale Avenue
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
PUrsuant to Government Code Section 54956.9 (a)
Name of Cases: Green Valley Disposal/Guadalupe Landfill vs: City of
Saratoga; Bloxham vs. City of Saratoga; City of Saratoga vs. Warfel;
Hinz vs. City of Saratoga and
CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9 in one case.
CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Section 54957.6:
Agency negotiator: Arthur Hartinger
Employee organization: Saratoga Employees Association
7:30 - Pledge of Allegiance - led by Mr. Ed Vincent.
In open session, Mayor Moran announced that no formal decisions were
made in closed session.
1. ROLL CALL
Councilmembers Present: Mayor Moran,-Councilmembers Bogosian, Jacobs
and Shaw. Vice Mayor Wolfe was absent.
Staff Present: Interim City Manager Perlin, City Attorney Riback,
Interim Planning Director Walgren,.and Financial Director Fil.
2. CEREMONIAL ITEMS
a. Resolution appointing Youth Commissioners
JACOES/BOGOSIAN MOVED TO ADOPT RESOLUTION NO. 97-26 APPOINTING THE
FOLLOWING TO THE YOUTH COMMISSION= Sheeva Ghassemi, Brian Luskey,
Sarah Adolphson,' Sydney Cohn, Sam Kendall, Allison Chang, Alexander
Scordelis, end Candice Goodman. PASSED 4-0.
B. Administration of Oath of Office to Youth Commissioners
Mayor Moran administere~ the oath of office to the new Youth
Commissioners.
3. REPORT OF CITY CLERK ON POSTING OF AGENUA
Interim City Manager Perlin reported that pursuant to Government Code
54954.2, the agenda for this meeting was properly posted on June 13.
4. COMMUNICATIONS FROM COMMISSIONS ]~ND THE PUBLIC
A. ORAL COMMUNICATIONS
Mr. Marvin Becker, 12120 Mellowcod Drive, addressed the Council
regarding the lengthy process involved in obtaining a permit from the
City to close a street for a community event on July 4.
Mayor Moran noted that the permit had been granted.
B. COMMUNICATIONS FROM COMMISSIONS - None.
C. WRITTEN COMMUNICATIONS
Interim City Manager Perlin reported that a letter dated June 16 from
Ms. Marcia ManZo came in after the agenda had been posted. Ms. Manzo,
City Council Minutes 2 June 18, 1997
a member of the Citizens Advisory Commission to the Library Joint
Powers Authority, requested that Mr. David McLaughlin be appointed her
permanent alternate to the 'Commission.
Because of the Commissiones next meeting which Ms. Manzo is unable to
attend, Mr. Perlin requested that the letter be placed on the agenda
as an urgency item.
BOGOSIAN/SHAW TO ADD THE LATTER TO THE AGENDA AS AN URGENCY ITEM.
PASSED 4-0.
BOGOSIAN/JACOBS TO DESIGNATE DAVID MCLAUGHLIN AS ALTERNATE
REPRESENTATIVE TO THE CITIZENS ADVISORYCOEMISSION TO THE JOINT POWERS
AUTHORITY. PASSED 4-0.
5. CONSENT CALANDAR
A. Previously-Discussed Items - None.
B. New Items
1) Planning Commission Actions, 6/11 - Note and file.
2) Library Commission Action Minutes, 3/26 - Note and file.
3) Parks and Recreation Commission Minutes, 5/5 - Note and
file.
4) Resolution 96-42.13 for various items, including City
Manager recruitment not to exceed $18,000
5) Memo Authorizing Publicity for Upcoming Hearings -
Amendment to Non-Disposable Facility Element; Review of
Planning Commission Approval of Metzler Project
6) City Financial Reports for May:
a) Treasurerts Report - Receive and file.
b) Investment Report - Receive and file.
c) Financial Report - Receive and file.
7) Approval of Check Register
JACOBS/SHAW TO APPROVE CONSENT CALENDAR ITEM~ 5.B.1. THROUGH 5.B.7.
PASSED 4-0.
C. CLAIMS AGAINST THE CITY - None.
Mayor Moran moved the agenda to Item 6.C.
6 C. Adjustment to residential, commercial and industrial garbage
rates for i997-98 not exceeding 54 - Continued to July 2.
Mayor Moran moved the agenda to Item 4.A.
4. A. Oral Communications (continued) and instructions to staff
regarding actions on current oral communications - None.
7. OLD BUSINESS - None.
8. HEW BUSINESS - None.
9. ROUTINE MATTERS
A. Approval of Minutes - 6/4~ 6/10
SMAW/JACOBS TO APPROVE MINUTES OF JUNE 4, 1997. PASSED 4-0.
8MAW/JACOBS TO APPROVE MINUTES OF JUNE 10, 1997. PASSED 3-0-1 (Moran
abstaining).
City Council Minutes 3 June 18, 1997
10. CITY COUNCIL ITFa(S
A. Agenda items for next adjourned regular meeting June 24
BY CONSENSUS, THE NEXT ADJOURNED REGULAR MEETING OF JUNE 24 WAS
CANCELLED.
B. Other
Councilmember Shaw reported that he attended a meeting with the Valley
Transportation Agency (VTA) and Santa Clara County Manufacturing Group
to discuss traffic congestion in Santa Clara County. He said that the
VTA provides a program where employers in the County can purchase
passes for its employees to ride the bus or light rail as an effort to
alleviate traffic congestion, and the program has reported remarkable
results.
Mayor Moran declared a recess immediately prior to the public hearings
scheduled for 8 p.m.
Upon reconvening, the same Council members and staff were present.
Mayor Moran announced that the Council has scheduled a meeting to get
input from interested citizens on what the City should be looking for
in its next City Manager. The meeting is scheduled for 7 p.m., July
8, in the Adult Day Care Center, and will be facilitated by the
consultant handling the recruiting process.
6. PUBLIC HEARING8 - 8z00 pm.
A. Landscaping and Lighting District LLA-I (continued from 6/4)
Interim City Manager Perlin presented the staff report. He reported
that tonight's proceedings conclude the hearing for all of the zones
in the District, except zone 3 and zone 6. The public hearing for
zones 3 and 6 has been scheduled for August 6. He noted that the
purpose of tonight's meeting is to conduct the protest hearing for all
of the remaining zones.
Mr. Perlin responded to Council members' guestions.
Mayor Moran opened the public hearing at 8:20 p.m.
Mr. Kenneth Wilton requested a copy of figures in zone 2, and upon
reviewing, noted that they were satisfactory. He indicated he would
be supporting the proposal.
The public hearing was closed at 8:22 p.m.
City Attorney Riback requested the Deputy City Clerk to tabulate the
ballots and report the results to the Council.
The deputy City Clerk announced the votes and results from ballots,
noting that zones 3 and 6 and were not.included in the tabulations.
The assessments passed in zones 2, 11, 16, 22, 25 and 26 and failed in
zones 14 and 18.
Responding to a question from Councilmember Jacobs, Mr. Riback said
that if the public voted a majority protest opposing the measure, the
City Council has no discretion but to cease the proposal for increasing
the assessments. If a very small number in favor exceeded the number
opposed, the Council has discretion to continue the assessment.
In response to an inquiry from Councilmember Jacobs regarding the
locations of zones 14 and 18, both of which failed, Mr. Perlin replied
that zones 10, 14 and 18 are all contiguous to each other on the east
side of Saratoga-Sunnyvale Road beginning at Miljevich Drive and
extending north towards Blauer.
A discussion ensued regarding zones 10, 14 and 18.
Mr. Riback said that because of majority votes in zones 14 and 18, the
City Council Minutes 4 June lS, .1997
Council has no discretion but to discontinue proceeding.with the
proposed assessment increase,'but Council still has discretion to
assess last year's assessment.
Councilmember Jacobs directed staff to research and report back to the
Council with a plan to maintain zones 10, 14 and 18.
Mr. Perlin conveyed that if the Council were to assess at last yearns
rate, the total amount to be collected for zones 14 and 18 would be
$900 less than what was proposed to be collected.
Foiiowing discussion, Mr. Perlin suggested that the Council adopt the
resolution confirming assessments, with the exception of zones 10, 14,
and 18, and that staff return to Council with a plan to maintain those
zones on August 6:
Mr. Perlin described the areas within zones 22 and 25 as requested by
Councilmember Jacobs.
JACOBB/BMAWTHATREBOLUTION NO. 97-11.4ASAMENDED TO COVERALL ZONES,
EXCEPT ZONES 3~ 6, 10# 14# AND 18# BE ADOPTED# AND THAT THOSE FIVE
ZONES BE CONSIDERED ON AUGUST 6. PASSED 4-0.
B. City Of Saratoga Budget for 1997-98 and 1998-99
Acting City Manager Perlin delivered the staff report for the 1997-98
and 1998-99 proposed budget which included restructuring of personnel.
Mr. Perlin conveyed that the voters' failure to pass Measure L last
November resulted in the elimination of the City's utility user's tax
which brought in $729,000 annually in general fund revenues.
Additionally, the County of Santa Clara implemented a section of the
Revenue and Taxation Code requiring a reduction of matching tax equity
allocation funds which were linked to the utility user's tax, resulting
in more revenue losses. He explained that the combination of revenue
losses totaled $1.46 million.
Mr. Perlin stated'that a series of budget workshops was held between
January and May 1997, at which a variety of topics were discussed, and
citizen input was solicited.
Mr. Perlin reported how proposed reductions in City staff would likely
impact the delivery of City services. He described how additional
funds could be generated and how the differences between the loss of
revenues and additional revenues could be addressed through expenditure
reductions.
Mr. Perlin reported that early in the process, it became clear that
public safety was not to be cut. Other areas identified as essential
included roads and parks maintenance; infrastructure; cost recovery for
development services such as planning, building, zoning permits; cost
recovery for recreation services; and staff cuts. A proposal was
introduced to merge community development, code enforcement, and public
works.
Using visual aids, Mr. Perlin described each of the items on the
document entitled City Manager's Budget Message, FY 1997/98 and 1998/99
Proposed Budget, Budget Cuts and Service Impacts.
Councilmember Shaw asked whether funds were coming in from schools for
the School Resource Officer, to which Mr. Perlin replied that school
districts contributed about one quarter of the cost, and staff was
proposing to make up the difference. He said that when staff meets
with the Sheriff to develop the service plan for the School Resource
Officer this coming year, the plan should reflect that certain school
districts are contributing to the program and should get more attention
from the SRO.
Councilmember Bogosian recalled that the City was supposed to receive
funds from the TEA phaseout as proposed by Supervisor Joe Simitian
which would be used to maintain the City's law enforcement efforts.
Mayor Moran stated that the source of those revenues that would support
Cit~ Council Minutes S ~uno lO, 1997
the City's law enforcement needs was still under discussion'with the
County.
Mr. Perlin noted that the proposal was still being considered by the
County of Santa Clara Board of Supervisors and that by Friday of this
week, a decision should be made.
Councilmember Shaw emphasized that the Council received strong input
from the community to continue this aspect of public safety.
Mayor Moran declared a recess for staff to make copies of the list of
service impacts to distribute to the public.
Upon reconvening, the same Council members and staff were present.
Mr. Perlin continued review of the proposed budget, including increased
building permit fees and reduced economic development support in the
area of Environmental Services; reduced spending on the Pavement
Management Program and no funding for traffic engineering studies in
Public Works Services; higher usage fees in Recreation Services. In
the realm of Community Support, the proposed budget included deleting
financial support for community events and cash grants to Saratoga Area
Senior Coordinating Council. General Government Services would
eliminate the Council Minutes Clerk, Planning Commission Minutes Clerk,
and reduce funding for the City Attorney contract. Restructuring of
personnel positions would result in a net reduction of approximately
$500,000 per annum.
Replying to Councilmember Bogosian's inquiry, Finance Director Fil
stated that the increase in across-the-board service fees would be ten
percent.
Councilmember Shaw noted that the Volunteer Coordinator position had
been eliminated. Mr. Perlin said that the functions of the Volunteer
Coordinator would be reassigned to existing.staff, most likely to staff
doing human resources work, and stated that a volunteer program would
still exist.
Councilmember Shaw commented that the $19,000 that SASCC gave up was
a one-time offer from seniors for next year. Mr. Perlin noted that the
budget is a two-year budget, and the second year budget, at this point,
is only a proposal. He said the $19,000 is not included in the second-
year budget either.
Responding to Mayor Moran's question, Mr. Perlin explained that the
budget for 1997-98 was balanced.
In response to Mayor Moran's question, Mr. Perlin said that the $2
million reserve has been maintained as has a $200,000 contingency fund
for the Council. Additionally, a $300,000 undesignated revenue
reduction has been maintained in the event certain revenues do not come
in as forecasted.
Mayor Moran opened the public hearing at 9:35 p.m.
Ms. Mary Gardner, Superintendent of Saratoga Union School District,
extended a willingness to enter into a partnership with the City on
issues of common interest to the youth of Saratoga. She expressed
support to continue the Recreation Department as the activities
provided to youth are critical. She said the fees that the City
charges for those services should cover the cost of the program as well
as the overhead that the City takes on.
Mayor Moran announced that the City is forming a foundation where
parents and community will be able to raise funds for the City's youth.
Mr. Jack Mallory, 12258 Kirkwood Drive, expressed concern with the
impact that the budget would have on citizens. He said that tonight's
public hearing was not in the Saratoga News and suggested that new
council members had misled the citizens.
Mr. Ed Vincent, 13617 Westover Drive, commended the Council for its
work on the budget. Me said that the Council presented a clear
C~t[ Council Minutes 6 ~une 1~# 1997
financial picture to the citizens of Saratoga and that the Council~s
public forums were very open. Me complimented the Council for taking
a very difficult task of balancing a budget with a loss of revenue
without having to dip into the reserve.
Mayor Moran closed the public hearing at 9:45 p.m.
Responding to Mayor Moran's question regarding the elimination of
noticing of applicant review, Interim Planning Director Walgren said
that this was a suggestion presented early on in one of the budget
workshops and is being reviewed further in terms of what kinds of
administrative noticing processes are currently existing that may not
be necessary..
In response to Mayor Moran~s inquiry regarding less utilization of the
City Arborist, Mr. Walgren explained that although a deposit is
submitted for the Arborist to be involved in a project, a large amount
of staff time is involved in corresponding back and forth.
Mr. Perlin responded to Mayor Moran~s questions regarding the Pavement
Management Program and questions from other Council members.
Councilmember Jacobs stated he intended to vote for the budget
proposal and 'expressed appreciation for staff for its hard work on
putting the budget together. He recognized that the public made a
decision and by voting down the tax, the Council was mandated to adjust
the budget. Referring to the various elements on the list of budget
cuts, he said that the public probably does not see the real nature of
what they are going to receive, and commented on the quality of
services that the public expects. He said that another issue not seen
on the budget is the loss of ability to fund beyond absolute
necessities, including improvements which beautify a community such as
the City~s gateway area along Saratoga-Sunnyvale Road.
Councilmember Shaw complimented staff for its tremendous work on a
difficult task. He said that it was his understanding when the people
spoke last November that the Council was charged with trying to live
within the revenues which exist. He noted that the budget is a
continuing process and that the Council needs to stay on top of the
impacts and many components related to the budget.
Mayor Moran voiced her appreciation of staff for its attitude,
cooperation and willingness to be open-minded, and the time crunch
involved between last November when the voters spoke and now. She
expressed her views on many of the items on the list of cuts.
1) JACOBS/SMAW THAT IrESOLUTION NO. 85-9.104 /~MENDING ~ ClTYwS
CLASSIFICATION PLAN, BE ADOPTED. PASSED 4-0.
2) JACOBS/SHAW THAT RESOLUTION NO. 85-9.105 IMPT.~MEITEING A
REORGANIZATION PLAN ItNDAUTHORIZING PERMANENT POSITIONS IN CITY
SERVICE FOR FISCAL YEAR 1997/98, BE ADOPTED. PASSED 4-0.
3) JACOBS/EHAW THAT RESOLUTION NO. 85-9.106 AUTHORIZING PROCEDURE8
TO IMPLEMENT A REORGANIZATION PLAN, BE ADOPTED. PARSED 4-0.
4) JACOBS/SHAW THAT RESOLUTION NO. 97-27 ESTARLISHING THE FISCAL
YEAR 1997-98 APPROPRIATION LIMIT FOR THE CITY OF SARATOGA, BE
ADOPTED. PASSED 4-0.
5) JACOBS/SHAW THAT RESOLUTION NO. 97-28 ESTARLISHING A SCHEDULE
OF FEES, BE ADOPTED.
Councilmember Bogosian proposed reducing the fee for filing an appeal
of a Planning Commission to the Council from the range of $475-$675
to a flat $125 fee. He noted that the City of Campbell on an appeal
of a Planning Commission decision to its Council charges nothing; the
City of Cupertino charges a $111 fee; and the Town of Los Gatos charges
a $50 fee.
Councilmember Jacobs suggested referring the proposed fee reduction to
staff for analysis.
Cit~ Council Minutes 7 ~une X8, 1997
Mayor Moran said she was not opposed to the idea, but expressed
interest in what other cities do and would like more information on
whether those fees cover the cities~ costs.
BOGOSIAN/SHAW MOVED TO AMEND THE MOTION TO INCLUDE A REDUCTION OF THE
FEE FOR APPEALING A PLANNING COMMISSION DECISION TO THE COUNCIL.
MOTION FAILED 2-2 (JACOBS, MORAN VOTED NO.)
COUNCIL VOTED ON TREORIGINALMOTIONTOADOPTTHE RESOLUTION 97-
28 ESTABLISHING A SCHEDULE OF FEES. PASSED 4-0.
Staff was directed to agendiZe at a later date the issue of reducing
the filing fee for appealing a Planning Commission decision to the
Council.
6) JACOBS/SHAW THAT RESOLUTION NO. 97-29 ADOPTING BUDGET FOR FY
1997-98 AND 1998-99# MAKING APPROPRIATION8 AND AUTHORIZING
CARRY-OVEPa THERETO AND EXPENDITURES THEREFROM# BE ADOPTED.
Councilmember Bogosian thanked staff for a job very well done,
especially the efforts of the Interim City Manager larry Perlin and
Finance Director Thomas Fil. He said it is important to be positive
in working within the means that have been detailed tonight. He said
that, when considering a budget, it is important for the Council to
know the workplan of other community services it funds such as the
Recreation Department. He said he would have felt more comfortable had
a workplan been available to the Council at the outset of the budget
process to maintain the quality service of the Recreation Department.
He suggested funding for recreational services be explored through the
private sector.
MOTION PASSED 4-0.
11. ADJOURNMENT
The meeting was adjourned at 10:30 p.m.
Respectfully submitted,
Lynda Ramirez Jone~
Minutes Clerk