HomeMy WebLinkAbout09-01-1993 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, September 1, 1993 - 7:30' p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
7:00 p.m. - Interviews with Planning Commission Applicants
Former Council Meeting Room (to the right of the Civic Theater Lobby)
7:00 - Fine
7:15 - Shellooe, Waltonsmith
Pledge of Allegiance
1. ROLL CALL
Councilmembers Present: _ Burger, Kohler, Anderson, Monia, Mayor
Tucker
Staff Present: City Manager Peacock, City Attorney Riback, Director
of Public Works Perlin.
Mayor Tucker thanked Pepsi Cola for supplying soft drinks and coffee.
2. CEP. EMONIAL ITEMS
A. Resolutions commending Brett Borah and Doug Crane for
service on Public Safety Commission
B. Proclamation concerning Adult Day Care Week
C. Proclamation on Building a Drug Free Future Day
D. Proclamation on Double Tenth Day
3. ROUTINE MATTERS
A. Approval of Minutes - 8/4; 8/X0; 8/24
Councilmember Burger made the following correction to the Minutes of
8/4: Page 2, vote under 4H should read 5-0.
Councilmember Anderson made the following correction to the Minutes of
8/4: Page 11, item C, Councilmember Anderson's comments should reflect
that once a person has four or more animals they are considered as
having a kennel.
KOHLER/BURGER MOVED TO APPROVE THE MINUTES OF '8/4, AS CORRECTED.
PASSED 5-0.
KOHLER/MONIA MOVED TO APPROVE THE MINUTES OF 8/10, AS PRESENTED.
PASSED 5-0.
THE MINUTES OF 8/24 STAND AS PRESENTED.
B. Approval of Warrant List
KOHLER/MONIA MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0.
C. Report of City Clerk on Posting of Agenda
Pursuant to Government Code 54954.2, the agenda for this meeting was
properly posted on August 27.
4. CONSENT CALENDAR
These items will be acted upon in one motion for each section unless
they are removed from the Consent Calendar for discussion by
Councilmembers or any interested party. However, items in Section A
have already been considered by the Council at a previous meeting where
the public was invited to comment;l-those items are not subject to
public discussion at this meeting.
Councilmember Anderson stated items under the consent calendar can be
City Council Minutes 2 September 1, 1993
changed and a person should be allowed to pull an item off the consent
calendar.
Councilmember Monia requested the removal of item 4A1, Councilmember
Anderson requested the removal of item 4A5.
Mayor Tucker stated item 4A1 will be discussed under Oral
Communications.
A. Previously-Discussed Items
2) Resolution 93-25.1 Amending the FY 1994 Budget by
Appropriating FUnds to Establish the Leonard Road
Assessment District as capital Project 9308, making
an initial appropriation of $12,000 (from the 8/10/93
- meeting)
3) Resolution 93-25.2 Amending the FY 1994 Budget by
Appropriating Funds to Establish Interim Anlmal
Control Services (from the 8/10/93 meeting)
4) Resolution 93-25.3 Amending the FY 1994 Budget by
reducing Integrated Waste Management Program
appropriations (from the 8/10/93 meeting)
BURGER/MONIA MOVED TO APPROVE ITEMS2, 3 AND 4 OF THE CONSENT CALENDAR.
PASSED 5-0.
Mr. Jeff Schwartz, San Marcos Road, stated that State Law says.any
member of the public can speak to any item on the agenda, for any
purpose.
City Attorney Riback stated, in general, the speaker is correct,
however there is an exception and this is when the public has had the
opportunity to comment at a previous public hearing.
Councilmember Anderson stated in the past there has been much effort
to open up public discussion and believes if there is going to be a
second reading the public should be able to address the Council.
Councilmember Burger stated, it is her understanding, that a second
reading is for the Council to make sure language changes, requested by
the Council, are correct. She stated this issue should be discussed
in a study session.
5) Resolution Appointing Councilmembers as
representatives to various Agencies (from the 8/4/93
meeting)
Councilmember Anderson stated she spoke to the Board of Supervisors and
IGC no longer meets. She recommended that this be taken off the list.
There was a consensus to delete this task from the Council
representative list.
BURGER/ANDERSON MOVED TO APPROVE ITEM 4A5 AS AMENDED. PASSED 5-0.
1) Ordinance revising Article 7-20 of the City Code pertaining
to Animals and Fowl (second reading and adoption;
introduced 8/4/93)
Mr. Bert Martel, 14420 Fruitvale, stated in the past he has had
problems with the ordinance pertaining to vicious animals. He
expressed concern about the City's cover-up, in the past, regarding
this issue. He requested that the Council act on any concerns
regarding this issue.
Councilmember Anderson stated, although it did take the City some time,
they did take action on Mr. Martel's problem during her first term as
Mayor. She noted she did visit the site as well as the surrounding
property and the CSO's also became involved.
City Council Minutes 3 September 1, 1993
ANDERSON/MONIA MOVED TO APPROVE ITEM 4A1. PASSED 5-0.
B. New Items
1) Plannlng Commission Actions, 8/25 None; meeting
canceled.
Public Safety Commission Minutes, 8/9 - Note and file.
3) Approval of Recreation Department/caSAFun Run Special
Events Permit Request and Authorization for City
Financing for Law Enforcement and Liabillty costs,
with closure .of Herriman Avenue for one hour on
September 19
4) Monthly Report to Regional Water Quality control Board
on City NPDES Activity
BURGER/MONIA MOVED TO APPROVE ITEMS 4B1-4 OF THE CONSENT CALENDAR.
PASSED 5-0.
5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL
COMMUNICATIONS
1) Becket Tree Removal Issue - Report from Community
Development Director
city Manager Peacock noted that Mr. Curtis, Community Development
Director, prepared a memo explaining the Cityts policy regarding tree
removal.
Mr. Becker asked why someone has to go through such a process to remove
a dead tree.
Mr. Curtis stated he will discuss this issue with Mr. Becker.
B. ORAL COMMUNICATIONS
Mr. Bert Martel, 14420 Fruitvale, stated the government of the City is
not responsive to the citizens. He noted the position of the Mayor and
Vice Mayor was decided by three women. He stated government should be
changed so the Mayor is elected by the citizens and is responsible to
the citizens.
Mayor Tucker stated there are five Councilmembers and the Mayor and
Vice Mayor are elected by the majority vote. She asked for staff to
report on the process of directly electing the Mayor at the next
regular meeting.
Mr. Jeff Schwartz, 19281 San Marcos Rd., stated West Valley College has
a full schedule for football games on campus. He stated there has been
no discussions with the citizens or the City. He added this schedule
has also been done without the knowledge of the Governing Board. He
stated this is the fourth time in three years, West Valley College has
tried to hold events which are illegal by the City'S zoning ordinances.
He asked the City to give this some thought and enforce the City~s laws
on this matter.
Councilmember Monia requested that the letter from West Valley College,
addressed to the Mayor, be circulated to other Councilmembers. He
noted the City has specific laws and the Council needs to make a
decision to support the law. He suggested this be discussed at a study
session as to what action the COuncil should take in matters such as
this. He also expressed concern about violation of the noise
ordinance.
Councilmember Anderson statedshe spoke to Karen Dowdy, who stated, it
is her understanding that there was Board direction.
City Council Minutes 4 September 1, 1993
Mr. Schwartz stated he spoke to Mr. chavez, who noted that this will
go before the Board on September 2.
Council agreed to take this matter up at its September 7 adjourned
meeting.
C. WRITTEN COMMUNICATIONS
1) Petition dated 7/26/93 from Pampas court Residents
regarding Highway 85 concerns
City Manager Peacock stated a meeting will be held: September 2,. with
the neighbors and the Traffic Authority staff.
Councilmember Burger noted she and Jack Lucas will attend this meeting.
6. OLD BUSINESS
A. Resolution Revising Management compensation system and
Incorporating Fringe Benefits for Management Employees
MONIA/BURGER MOVED TO APPROVE A RESOLUTION REVISING MANAGEMENT
COMPENSATION SYSTEM AND INCORPORATING FRINGE BENEFITS FOR MANAGEMENT
EMPLOYEES. PASSED 5-0.
7, NEW BUSINESS
A. Appointment of Norma Weizel as representative to Advisory
Council to .the Council on Aging as recommended by SASCC
KOHLER/MONIA MOVED TO APPOINT N01~MA NEIZEL AS REPRESENTATIVE TO THE
ADVISORY COUNCIL TO THE COUNCIL ON AGING. PASSED 5-0.
B. Request for Amicus Participation - Blosser vs. City of
Fresno (Taking/Inverse Condemnation Litigation)
Staff recommends that the City Council authorize the City Attorney to
have the City of Saratoga's name appear on the amicus brief being
authored by the City of San Francisco.
City Attorney Riback stated the City has been requested by the City of
Fresno to participate in Amicus Brief in support of the City of Fresno
in a law suit which involves Taking/Inverse Condemnation Litigation.
Helnoted the case is important to this City and the Council should
consider participating, with no cost to the City.
BURGER/KOHLER MOVED TO AUTHORIZE THE CITY ATTORNEY TO HAVE THE CITY OF
S/~RATOGAeS Ni~ME APPEAR ON THE AMICUS BRIEF BEING AUTHORED BY THE CITY
OF SAN FRANCISCO, PASSED 5-0,
C. Request for Amicus Participation - City of Alhambra v.
Ikemoto (Challenge to State's Authority' to Divert City
Property Taxes)
Staff recommends that the City Council authorize the City Attorney to
have the City of Saratoga's name appear on the amicus brief being
authored by the City of Alhambra.
City A~torney Riback stated this action is one of several throughout
the State challenging the State's authority to divert property tax
revenue from cities and counties. He stated the action is important
to all cities in California. He added there will be no cost to the
City.
MONIA/KOHLER MOVED TO AUTHORIZE THE CITY ATTORNEY TO HAVE THE CITY OF
8ARATOGA, S NAME APPEAR ON THE ANICUS BRIEF BEING AUTHONED BY THE CITY
OF ALHAMBRA. PASSED 5-0.
D. Animal Control Joint Powers Agency - Review concept Paper
to Form with Other Cities
City Council Minutes 5 September 1, 1993
Staff recommends that the City Council authorize the City Manager to
pursue the establishment of a joint powers agency to provide animal
control services for Saratoga.
City Manager Peacock presented the staff report dated September 1,
1993. He reviewed the recommended actions as outlined in the staff
report.
MONIA/ANDERSON MOVED TO AUTHORIZE THE CITY MANAGER TO PURSUE T~E
FORMATION OF A JOiNT SERVICE AGREEMENT OR A JOINT POWERS AUTHORITY WITH
THE WEST VALLEY CITIES AND/OR THE CITIES OF 8AN JOSE, SANTA CLARA,
MILPITASANDOTHERS; AUTHORIZE TEE CITYMANAGER TO MEGOTIATE AGREEMENTS
WITH OTHER CITIES FOR THE-PURPOSE OF PROVIDING ALL OR CERTAIN ANIMAL
CONTROL SERVICES; AUTHORIZE THE INITIATION OF ANIMAL LICENSING SERVICES
EITHER INDIVIDUALLY OR IN CONCERT WITH OTHER AGENCIES WITHIN THE BUDGET
LIMITS ESTABLISHED BY RESOLUTION 93-25.2; DIRECT THE CITY MANAGER TO
REPORT AGAIN IN NOVEMBER 1993, THE STATUS OF SERVICE IMPLEMENTATION.
In response to Councilmember Burger's question, Mr. Peacock stated he
will be meeting with other cities before making any decisions. He
stated he will have a report to the Council on the status of the
agreement by November. He noted they want to find the best deal for
the least money.
The above motion was carried 5-0.
City Manager Peacock stated the next three items (E,F,G) relate to
negotiations and new agreement with the Saratoga Employees Association.
He noted E relates to the Hospital Care Act. Mr Peacock explained the
participation in PERS Health Plan as outlined in the staff report dated
September 1, 1993.
E. Resolution Electing to he Subject to Public Employees
Medical and Hospital Care Act fixing the Employer's
Contribution for Employees and the Employer's Contribution
for Annuitants at Different Amounts (Participation in PERS
Health Plan)
Staff recommends that the City Council adopt the resolution.
MONIA/BURGER MOVED TO ADOPT A RESOLUTION ELECTING TO BE SUBJECT TO
PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT FIXING THE EMPLOYER'S
CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR
ANNUITANTS AT DIFFERENT AMOUNTS. PASSED 5-0.
F. Resolution Amending Resolution 85-9, Adjusting Salaries
and Benefits and Adopting Memorandum of Understanding for
Non-Management Employees
Staff.recommends that the City Council adopt the resolution.
MONIA/BURGER MOVED TO APPROVE A RESOLUTION AMENDING RESOLUTION 85-9,
ADJUSTING SALARIES AND BENEFITS AND ADOPTING MEMORANDUM OF
UNDERSTANDING FOR NON-MANAGEMENT EMPLOYEES. PASSED 5-0.
G. ' Resolution Adopting Holiday Schedule for City Employees
Staff recommends that the City Council adopt the resolution.
MONIA/BURGER MOVED TO APPROVE A RESOLUTION ADOPTING HOLIDAY SCHEDULE
FOR CITY EMPLOYEES. PASSED 5-0.
H. Memo Authorizing Publicity for Upcoming Hearings - No
hearings scheduled.
8. PUBLIC HEARINGS - 8:30 p.m.
A. Resolutlon adopting Open Space Element of the General Plan
with the associated Negative Declaration (GPA-93-001)
city council Minutes. 6 September 1, 1993
Mr. Curtis, Community Development Director, introduced Associate
Planner George White, who will present the staff report.
Associate Planner White presented the staff report dated September 1,
1993. He noted in late fall of 1991, a draft document, including a set
of maps, was presented to the Planning Commission for review. He noted
over the course of a number of work sessions and public hearings, the
Commission finalized the current draft. Mr. White summarized the
changes as follows:
1.O~en Space Definitions
2. open Space Evaluation Criteria
3. Scenic Open Space Classifications
4. Open Space Lands InventQry
5. Open Space Issues
.6. Open Space Goals
7. Unincorporated Hillsides
8. Scenic Open Space
9. Trail System
10. Land Use Controls
11. Open Space Acquisition
Associate Planner White reviewed the Planning Commissionws actions
taken on July 14, as outlined in the staff report. He stated staff
recommends that the City Council adopt the draft open space element and
the associated Negative Declaration.
City Manager Peacock noted the City received two letters after the
staff report was sent out. One letter from Fran Franklin and the other
from Kindel Blau.
In response to Councilmember Monia's question, Mr. Peacock stated the
Planning Commission did not review the new information.
Mayor Tucker'opened the public hearing at 8:40 p.m.
Ms. Meg Giberson, 15561 Glen Una Dr., asked several questions regarding
the revised paragraph "a" and how it affects the sphere of influence.
She stated the open space area on Peach Hill Road has been dedicated
to the City for open space. She urged the Council not adopt this
element until there is a more stringent requirement to protect areas
such as the unincorporated hillsides.
Ms. Marjorie Ann Ottenberg, 12881 Foothill Ln., stated, in general,
this is a good document, but would like to be sure that 150 ft. setback
from the creeks is maintained. She noted homes built up on the creek
are a hazard to homes and the wild life. She noted the 150 feet is
consistent with the County's policy. She supported the provision for
trails and added that these should be observed. She spoke in support
Of the Joint Powers Agreement with the County and surrounding cities
for preserving the hillsides.
Mr. Robert Wallace, 12881 Foothill Ln., noted he has lived in this
County for many years and has seen damage to the. entire county from
development. He noted he is pleased to see the approach to preserve
some open space and encouraged the Council to adhere to the Open Space
Element.
Mr. Preston Burlingham, 14173 Squirrel Hollow Ln., stated the document
before the Council is not mandated. He stated a great deal of the
information before the Council is out of the previous open space
document. He addressed the questionnaire circulated throughout the
City in 1991 and noted approximately 400 residents were interviewed for
this. Mr. Burlingham gave some background information leading to this
document. He stated he attended previous hearings regarding the open
space. He noted he is for open space and trails in the right place
under the right conditions. Mr. Burlingham addressed the criteria for
acquiring City open space, but noted there is no mention of the
destruction of privacy of adjacent residents, and there is no mention
of the reduction of property values if a given area is declared open
space as opposed to private property.
City Council Hinutes 7 September l, 1993
Mr. Burlingham addressed the implementation program and requested that
no more lighting and landscaping. districts go before the City Council
without voter.approval. He asked the Council to give consideration to
his comments before passing the ordinance.
Mr. Eric Morley, 20454 Blauer Dr., Los Gatos/Saratoga Board of
Realtors, noted the Board is in the process of finalizing their
comments regarding the Open Space Element. He requested the City
Council continue this public hearing so the Board can present their
comments.
Ms. Dora Grens, Saratoga, statedif the Council had developed a better
document 10 or 12 years ago, the Council would not be facing these
problems. She urged the City Council to adopt the Open Space Element.
Councilmember Burger stated they have had several requests not to pass
this element at this time. She stated the Council should have time to
absorb the comments made at this meeting and also give staff time to
write up responses. She stated the Council could then review the
responses in a study session.
Councilmember Anderson concurred with Councilmember Burger and noted
she is not ready to make a decision about Joint Powers vs. expansion
of the sphere of influence until'the report regarding cost benefit is
forwarded to the Council.
Community Development Director Curtis stated the sphere of influence
wording does not preclude an expansion of the sphere because the
expansion may be one way to implement the City's policy to protect the
hillsides. Regarding the Negative Declaration, Mr. Curtis stated staff
did prepare an initial study and it was determined there were no
significant adverse environmental impacts as a result of adopting the
Open Space Element. Regarding the setback from the Creek, Mr. Curtis
stated the implementation measures will specify the setback.
Councilmember Monia expressed concern about picking apart the element
and going through the process which the Task Force and the Planning
Commission have gone through over the last few years. He noted the
Councilmembers should indicate their concerns with the document. He
believes this process is a mandate from the community as well as the
State and believes it represents the community.
Councilmember Kohler stated the City Council should address the
concerns raised by the public.
Councilmember Monia suggested the following changes:
Page 10, #5, add the words "water quality" after the word "watershed".
There was a consensus to make the change.
Page 19, #33, continue the following sentence to the end of paragraph
#33 "...and shall be in accordance with the San Francisco Bay Regional
Water Quality Control Board policies and guidance regarding development
control for storm water programs."
There was a consensus to add the above sentence.
Page 19] add #4 from Mr. Whitman's letter under Implementation Program.
There was a consensus to accept the recommendation from Mr. Whitman's
letter.
City Attorney Riback stated the guidelines from the Regional Water
Quality Control Board, are draft and subject to change.
Councilmember Monia stated whatever the Board's policies are they will
be the City's guidelines.
Page 21, add Water Quality to the list of Criteria for Acquiring City
City Council Minutes s September 1, 1993
Open Space.
There was a consensus to add Water Quality.
Councilmember Anderson requested the following changes:
Page 18, 5oft setback from the creek, she would like to know the
County's standards.
City Manager Peacock stated in Mr. Whitman's letter he has indicated
that there may be regulatoryagency standards that will be put in place
and the City should refer to an agency standard rather than putting a
specific number in the document.
Page 20, Policy 35, delete t~e words "limitations on-second-story
additions and..."
Councilmember Anderson stated she is not comfortable putting
limitations on second story additions as a technique for acquiring open
space.
No decision was made at this time.
Page 21, #41, add the words "or dedications" after the words "or scenic
easements..."
Page 21, add a criteria under Criteria for Acquiring City Open Space,
regarding protecting privacy.
Page 23, reword item s. Change the word "should" to "may". Add a
comma to the end of the sentence and add the words "solely by vote of
the people."
There was a consensus to make the changes addressed above.
CoUncilmember Anderson stated she concurs with the changes addressed
by Mr. Whitman and congratulated the people who worked on this
document.
Councilmember Kohler noted he concurs with the changes, but does not
agree with the 50 ft. setback from the creeks and believes it should
be 150 ft. He stated he would like to further research the County's
requirements. He believes this should not be left up to a regulatory
agency.
Councilmember Burger requested the following changes:
Page 12, she addressed the ~iew sheds and the unincorporated areas and.
stated the City should be consistent to either include the
unincorporated areas that have open space both times or not at all.
Page 14, #12, Councilmember Burger addressed fire safety and noted this
policy may be a conflict with clearing for possible fires. She
expressed the same concern regarding #15 and noted she does not want
to sacrifice safety when addressing vegetation and width of roads.
City Attorney suggested adding the sentence, "So long as minimum fire
standards are maintained."
Page 17~, #27, Councilmember Burger asked why there iS an exception of
the section between Carnelian Glen Drive and Douglass Lane regarding
Creekside Trail Restriction.
City Manager Peacock stated this is current policy. He noted this is
a dedicated trail.
CouncilmembeD Burger also expressed concern about the over use of the
word "shall" and noted this should be discussed in the study session.
She expressed concern as to how the Open Space Element relates in
general to private property rights.
City Council Minutes 9 September 1, 1993
Mayor Tucker stated the Council needs to discuss the sphere of
influence at the study session and also requested the results of the
survey.
City Manager Peacock stated there will be a joint meeting with the
Planning Commission on October 12, 1993.
There was a consensus to continue this hearing to November 3, 1993, and
that adjourned session workshops be held on September 21 and on October
12, the latter in joint session with the Planning Commission.
Councilmember Burger noted she can not attend the meeting on September
21, but will put her comments in writing.
B. Cable Television Franchise Hearing - Revise Cable
Television Franchise. Ordinance; Consider an Agreement to
extend the Current Franchise with South Bay cablevislon
under certain terms and conditions; Partial Transfer of
Ownership among the Partners
Staff recommends the following action by the City Council:
1. Introduce Ordinance 71.__Adopting a Cable
Communications Ordinance;
2. Approve Franchise Agreement with Brenmor Cable
Partners, L.P. (dba South Bay CableVision) and direct
the Mayor to execute the agreement on behalf of the
City;
3. Approve a CATV Franchise Transfer Agreement with
Brenmor Cable Partners, L.P. consisting of Intermedia
Partners and Intermedia Partners of Carolina and
Hernandez Communication, Inc. and direct the Mayor to
execute the agreement on behalf of the City;
4. Direct the City Manager to apply for Certification of
Franchising Authority to Regulate Basic Cable Service
Rates and Initial Finding of Lack of Effective
Competition.
City Manager Peacock presented the staff report. He stated the City
has been reviewing the proposal from South Bay Cable, submitted about
18 months ago. He addressed the transfer of ownership among the
partners of South Bay and noted the ordinance requires that any change
in ownership has to receive City Council approval before it can go into
effect. Mr. Peacock addressed the Federal Government revisions to the
Cable Communications Act of 1984, a majority of the regulations go into
effect today. Mr. Peacock stated one of the major issues is whether
or not the City wishes to resume its regulation authority under the
Federal Act over basic cable television service and associated
equipment. He stated there have been several changes to the draft
ordinance which are outlined in the staff report'. He stated a major
revision was made to section 19 of the ordinance to incorporate new
customer service standards. He noted many changes are taking place
which were discussed with South Bay Cablevision.
Mr. Haggerty, South Bay Cablevision, explained the channel carriage
requirements, as outlined on the overheads presented to the Council.
He also reviewed South Bay Cablevision Rate Comparison. He noted all
charges are effective September 1st and do comply with FCC benchmarks.
The Council briefly discussed the cost of converters. Mr. Haggerty
stated he does not know what percentage of customers would need the
converters. He noted channel layout cards will be sent out to
residents. Mr Haggerty added that the block out device can only block
out specific channels, and they cost between $7 and $10.
Mr. Peacock stated that Federal regulations requires rates to be
specified including costs for equipment etc. He noted the equipment
can be offered at cost, plus a reasonable profit. He stated the
City Council Minutes 10 September 1, 1993
company does not have to provide ,the equipment for sale, but must
service the ones which have been rented.
Mayor Tucker opened the public hearing at 10:15 p.m.
Mr. Jack Mallory, 12258' Kirkdale Dr., expressed concern about sex and
violence on T.V. He quoted some newspaper articles .regarding this
issue. Mr. Mallory asked the Council not to renew the agreement until
cable can show a plan for less sex and violence on T.V.
Mr. Lou Thorpe, Saratoga, stated he concurs with the previous speaker
and noted if pornographic channels were blocked the public would not
object. He stated this agreement should not be for an extended period
and recommends short term contracts.
Mr. Joe Eskeldson, 12638 Radoyka Dr., concurred with the previous two
speakers. He noted Saratoga is a family community and if they took
steps to block some of the channels they would get attention. He noted
with technology improving and decisions from the FCC, there will be
more changes and stated it would not be in the best interest of
Saratoga to renew a long term contract.
Resident, 13671 Beaumont Ave., expressed concern about the length of
the agreement and the rates charged.
Mr. Haggerty stated not all T.V. is bad. He noted there are
educational channels for children and it does bring other programming
which is important to people. He added he supports congress's effort
to limit violence on T.V.
In response to Councilmembers' questions, Mr. Haggerty stated they have
finalized negotiations with KRON. He stated that MTV, in their
contract with South Bay, prohibits it from being a premium channel.
Councilmember Anderson noted that South Bay does have a good selection
of family programming, but is concerned about MTV.
Councilmember Monia stated the Council has taken whatever steps they
could to make access of MTV more difficult. He believes South Bay has
made a reasonable'compromise with regards to MTV and added there is a
market for MTV.
Mayor Tucker closed the public hearing at 10:35 p.m.
Councilmember Kchler stated if there is a market for MTV people who
want it should have to pay for it.
Councilmember Anderson asked Mr. Haggerty to find out if MTV's contract
is the same throughout the United States. She stated she would like to
see MTV as a premium channel if possible. She expressed concern about
the cost of blocking out MTV.
Mr. Haggerty stated a programmable cable ready T.V. can block channels
out and the converters in the rebuilt system have parental access
codes, which can block out any channel. He stated people who do not
have a converter or cable ready T.V. will have to pay a one time fee of
$10.
Councilmember Kohler expressed concern about violence on T.V. and
stated it is the Council's duty to protect people who have cable and
also protect children being exposed. He stated a 15 year contract is
too long. He believes the City will have better control and results if
the contract runs for five years. He stated any problems should be
brought to the attention of the cable company.
Mayor Tucker stated this is a non-exclusive franchise. She noted this
is an agreement between the City and South Bay and the agreement must
go for a longer term in order for Cable to recover costs of upgrading
their equipment.
Councilmember Monia stated even if there was no contract, South Bay
City Council Minutes 11 September 1, 1993
could operate in Saratoga today and the City can not stop them. He
stated most channels show violence and if there is an option to block
out certain channels this is a reasonable course of action for the
Council to take.
Mr. Peacock stated if another Cable Company meets the requirements of
the City's ordinance the City would have a hard time saying no to them.
Mr. Peacock briefly explained Federal Law and the requirements of the
City.
Councilmember Burger stated that Cable T.V. is valuable. She noted if
the Council is so concerned about MTV maybe the Cable Company could
look into donating the blocking devices as a community service. She
does not feel there is a large. number of people who need to purchase
this blocking device.
City Manager Peacock stated once the system is upgraded with the new
converters, this will allow the cable company to block out channels.
Councilmember Anderson spoke in support of Councilmember Burger's
suggestion.
Mrl Haggerty stated South Bay Cable will donate the first 100 traps.
In response to Councilmember Kohler's concerns regarding the length of
the contract, Mr. Peacock stated the Council have negotiated this
agreement on the basis that South Bay Cable will spend a lot of money
upgrading the system and this is a economic determination to be able
to recover capital costs. He noted 15 years was negotiated between the
City and Cable on instruction from the City Council. He added, written
in the Ordinance is a five year technological review.
The Council briefly discussed density build out and the cost associated
with reducing the number. Councilmember Burger suggested reducing the
number to 20' homes. There was no support for Councilmember Burger's
suggestion and the density build out was left as is.
BURGER/ANDERSON MOVED TO INTRODUCE AN ORDINANCE ADOPTING A CABLE
COMMUNICATIONS ORDINANCE. PASSED 4-1 (Kohler No).
BURGER/MONIA MOVED TO APPROVE FRANCHISE AGREEMENT WITH BREMMOR CABLE
PARTNERS, L.P. (dba South Bay CableVision) AND DIRECT THE MAYOR TO
EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. PASSED 4-1 (Kohler No)
BURGER/ANDERSON MOVED TO APPROVE A CATV FRANCHISE TRANSFER AGREEMENT
WITH BRENMOR CABLE PANTMERSt L.P. CONSISTING OF INTERMEDIA PARTNERS AND
INTERMEDIA PARTNERS OF CAROLINA AND HERNANDEZ COMMUNICATION, INC. AND
DIRECT THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY.
PASSED 4-1 (Kohler No)
BURGER/ANDERSON MOVED TO DIRECT THE CITY MANAGER TO APPLY FOR
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE
RATE8 AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION. PASSED 4-
I (Kohler No).
Councilmember Kohler stated he voted no mainly because of the 15 year
agreement.
C. Ordinance setting Requirements for Restaurant Certification
(first reading and introduction)
city Manager Peacock presented the staff report noting this would put
into place next year, a certification requirement for restaurants who
will have to operate in compliance with Best Management Practices,
established by the Director of Public Works.
Councilmember Anderson stated she did talk to the owner of the Country
Store who would like to talk to staff.
Mayor Tucker opened the public hearing at 11:10 p.m.
City Council Minutes 12 September 1, 1993
Mayor Tucker closed the public hearing at 11:10 p.m.
MONIA/BURGER MOVED TO INTRODUCE THE ORDINANCE FOR FIRST READING AND
INTRODUCTION. PASSED 5-0.
City Attorney was excused at 11:10 p.m.
9. CITY COUNCIL ITEMS
A. Oral Communications (continued) and instructions to staff
regarding actions on current oral communications
Council Anderson suggested adding, under 9A, a response from staff on
the direct contact actions. .
Mayor Tucker stated they will have their next Direct Contact Program
on Saturday September 11. She noted the Council can add the Post
Office to their list of sites for the Direct Contact Program.
City Manager Peacock suggested adding to the agenda a resolution
regarding the City of Hamburg, Iowa, for the purpose of raising funds
for the devastating floods.
B. Agency Assignment Reports
1. ABAG - Anderson
2. Cable TV Board - Monia
3. HCD Policy committee - Tucker
4. Transportation Commission - Anderson
5. Hakone Foundation - Tucker
6. IGC - Kohler
7. Flood Control Advisory Board - Burger
8. League of Cities Peninsula Division - Tucker
9. Water District Commission - Anderson
10. Santa Clara County Cities Association - Tucker
11. Sister City Committee - Burger
12. Traffic Authority Policy Advisory Board - Tucker
13. Transit Assist Board - Burger
14. Senior Coordinating Committee - Burger
15. West Valley Sanitation District - Burger
16. County Cities Assn. Legislative Task Force - Monia
17. Emergency Planning Council - Kohler
No reports were made.
C. General Council Items
1) Agenda items for adjourned regular meeting september
7 - Joint meeting with Hakone Foundation canceled but
other items scheduled for adjourned meeting
(Commission interviews, Leonard Road Assessment
District).
West Valley College stadium.situation was added as a discussion item
at the joint meeting. Mr. Peacock noted that Hakone Foundation
requested that their meeting be postponed to November 9, 1993.
2) Other
a) November Ballot Measures: Advisor~ Vote on
combining the County Transit District and the
congestion Management Agency (See attached letter
from Supervisor Gonzales)
Staff recommends that the City Council determine whether to take a
position on this advisory measure.
MONIA/KOHLER MOVED THAT THE CITY COUNCIL DO NOT TARE A POSITION ON THE
NOVEMBER BALLOT MEASURES. PASSED 5-0.
b) November Ballot Measures: 1/2 cent sales tax
City Council Minutes 13 September 1, 1993
extension - State Measure; 1/2 cent sales tax
extension - County Measure
Staff recommends that the City Council determine whether to take a
position on either, both or none of these measures
KOHLER/MONIA MOVED THAT THE CITY COUNCIL DO NOT TARE A POSITION ON THE
NOVEMBER BALLOT MBASURES. PASSED 5-0.
c) Library Services Forum
Staff recommends that the City Council authorize staff to organize a
community forum on the possible future of library service in Saratoga
to be held sometime in the. firs~t part of November
City Manager Peacock stated that he and the Mayor attended a meeting
on August 19 that was hosted by Supervisor McKenna. They discussed
what type of options should be explored in dealing with the issue of
the future of the library system in the County. He noted some of the
options would be to do nothing or see how some of the bills are going
through legislature. He noted another issue discussed was changing the
funding formula, he briefly explained this. Me stated a way to deal
with the change in the funding formula is to reformulate the library
district and have City representatives on the board. Another option
would be to create more joint powers agreements among the cities to
operate the libraries and disband the system. Another option would be
to disband the district and have the communities take over the
libraries with the available funding.
Mr. Peacock stated there were staff people from the County and Cities
assigned to do some research on a number of legal and financial issues.
He stated they will have a meeting with the Committee and staff on Oct
7 and a policy meeting on Oct 21 to explore the options. Mr. Peacock
stated an appropriate action would to invite people from the community
to a meeting' at the library and. explain the options the City may be
interested in pursuing and get their input.
MONIA/ANDERSON MOVED TO AUTHORIZE STAFF TO ORGANIZE A COMMUNITY FORUM
ON THE POSSIBLE FUTURE OF LIBRARY SERVICE IN SARATOGA TO BE HELD
SOMETIME IN THE FIRST PANT OF NOVEMBER. PASSED 5-0.
d) Authorization for Attendance at Annual League of
California Cities Conference, San Francisco,
October 16-19, and Designation of Voting Delegate
staff recommends that the City Council 1) Authorize attendance by City
Councilmembers with reasonable and necessary expenses not to exceed
$500 per Councilmember~ 2) Designate the Mayor and Vice Mayor as Voting
Delegate and Voting Alternate to the Conference.
ANDERSON/MONIA MOVED TO AUTHORIZE ATTENDANCE BY CITY COUNCILMEMBERS
WITH REASONABLE AND NECESSANY EXPENSES NOT TO EXCEED $500 PER
COUNCILMEMBER AND DESIGNATE THE HAYOR AND VICE HAYOR AS VOTING DELEGATE
AND VOTING ALTERNATE TO THE CONFERENCE. PASSED 5-0.
e) Discussion of Appointment of Planning
Commissioner
- No discussion
ANDERSON/BURGER MOVED TO ADD A RESOLUTION TO THE AGENDA REGARDING THE
CITY OF HAMBURG, IOWA AND THE FLOODS. PASSED 5-0.
MONIA/ANDERSON MOVED TO ADOPT A .RESOLUTION ADOPTING THE CITY OF
HAMBURG, IOWA A8 A SISTER CITY FOR THE PURPOSE OF FUND RAISING FOR THE
DEVASTATING FLOODS AND APPOINT COUNCILMEMBER ANDERSON AS CHAIR. PASSED
Councilmember Anderson addressed donations from people, for the floods
in Iowa, being tax deductible. She stated they have three options:
City Council Hinutes 14 September 1, 1993
1. The City is a signee on the bank account;
2. Pay $375 to the IRS as a one time sign up fee;
3. City can become a "subsidiary" of the already tax deductible
fund in Iowa.
Councilmember Anderson stated that she and Harry Peacock could be
signatories on the bank account.
City Manager Peacock stated the Council must hake a resolution
designating people.
Councilmember Monia stated this should be put on the agenda for Tuesday
night.
Councilmember Anderson stated' the Council have been -requested to
indicate to CMA-if there should be a policy advisory board.
MONIA/ANDERSON MOVED TO INDICATE THAT A POLICY ADVISORY BOARD IS NOT
NECESSARY. PASSED 5-0.
Mayor Tucker stated she would like the Council to get together to
develop guidelines for Council conduct.
Mr. Peacock stated he will ask the League Library for examples from
other cities and address this in November.
Councilmember Anderson stated she must make a decision whether to
attend the National Conference. She stated she would be the voting
number of the Council. She added, she needs permission to attend the
conference and needs permission to spend more than $500.
Councilmember Monia suggested putting this on the agenda for the
meeting of September 7th for discussion.
10. ADJOURNMENT The meeting adjourned at 11:35 p.m. to 7:00 p.m. on
Tuesday, September 7, at Administration Meeting Room, 13777 Fruitvale
Avenue.
Respectfully submitted,
!~Rob~lllar~d
Catherine M.
Minutes Clerk