Loading...
HomeMy WebLinkAbout03-02-1994 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, March 2, 1994 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting special Meeting for the Purpose of Interviews with Fina~Lce committee Applicant The meeting was called to order at 6:30 p.m. in the Public Works. Conference Room. Present: Councilmembers Anderson, Burger and Mayor ucker (Monia arrived at 6:40 p.m.) Staff: City Manager Peacock' Rick Van Hoesen was interviewed .for a vacancy on the Fix Lnce Advisory Committee. Councilmember Monia arrived during the interview, which concluded at 6:45 p.m. Councilmember Kohler arrived as interview concluded. The City Council discussed candidates and took the follo~ing action: MONIA/BURGER MOVED TO REAPPOINT PHIL KEON. Passed 5-0. MONIA/BURGER MOVED TO APPOINT PETER RAISWELL. Passed -0-1 (Kohler abstaining as he had not participated in that interview. Council then went into closed session at 7:00 p.m. Closed Session on Annual Evaluation of Performance of Cit Attorney and on Potential Litigation concerning claim by City against urety for BAS Homes council reconvened to open session at 7:30 p.m. Pledge of Allegiance 1. ROLL CALL Councilmembers Present: Kohler, Burger, Monia, Anderson Mayor Tucker Staff Present: City Manager Peacock, City Engineer ~erlin, City Attorney Riback BURGER/MONIA MOVED TO ADD A CLOSED SESSION TO THE END OF ?HE AGENDA TO DISCUSS THE ACQUISITION OF NELSON GARDENS. PASSED 5-0. City Attorney Ribark stated this matter was brought to th, attention of the City Council after the closing of the agenda and imm!diate action is required. 2. CEREMONIAL ITEMS A. ProclamatiOn on Alliance of Pan American Round Tables Mayor Tucker read the proclamation and pre~ented it to a r~presentative of the Pan American Round Tables. The representative thanked the Council for their support and introduced the board members. B. Proclamation concerning Science Fair Week. 3. ROUTINE MATTERS A. Approval'of Minutes - 2/16~ 2/22~ 2/2 ANDERSON/BURGER MOVED TO APPROVE THE MINUTES OF 2/16, LS PRESENTED. PASSED 5-0. ANDERSON/BURGER MOVED TO APPROVE THE MINUTES OF 2/22, ~S PRESENTED. PASSED 5-0. City Council Minutes 2 M.~rch 2, 1994 Councilmember Kohler made several corrections of the ver2)atim minutes which will be reflected in the final draft to be approv~!d at a later hearing by the City Council. Mayor Tucker stated, on page 19, 6th paragraph, she beli.~ves she said the Council were focusing on the topography and whethe or not the findings could be made. She noted p~ge 12, 7th paragraph needs to be clarified. Mayor Tucker stated she did not listen to the tape to clarify these corrections. Councilmember Anderson stated it is her recollectior that Mayor Tucker's comments on page 12, 7th paragraph, should read You have five minutes to close." Mayor Tucker stated because corrections have been made, t final draft should be reviewed by the Council. MONIA/KOHLER MOVED TO TABLE THE VERBATIM MINUTES UNTIL TH FINAL DRAFT IS REVIEWED BY THE COUNCIL. Councilmember Burger stated the Council needs to be care al when they ask for verbatim transcripts as this took 20 hours of s~aff time and will take several more hours to make! corrections. The above motion was carried 5-0. B. Approval of Warrant List MONIA/BURGER MOVED TO APPROVE THE WARRANT LIST. PASSED ~-0. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for thi meeting was properly posted on February 25. 4. CONSENT CALENDAR A. Previously-Discussed Items - None. B. New Items 1) Planning Commission Actions, 2/23 - Note and file. 2) Final Map Approval for 2 lots at 14350 ~ouglass Lane (SD92-006)(Owner, Bochenek) BURGER/KOHLER MOVED TO APPROVE THE CONSENT CALENDAR. PAS~ED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM STAFF: FOLLOWUP ON PREVIOUS ORAL C~)MMUNICATIONS - None. B. ORAL COMMUNICATIONS None C. WRITTEN COMMUNICATIONS - None. Councilmember Anderson noted the Councilmembers received ] letter from Bert Martel and would like to clarify why he was called lipon to speak at a recent Council meeting. She stated he was called to speak, because he had been introduced by people in attendance as being an expert witness, as a technical person on an issue the Council was discussing at that meeting. City Manager Peacock stated there is no action requested the part of the Council regarding this matter. 6. OLD BUSINESS A. Status Report on Animal Control from Publ Services Assistant City Council Minutes 3 M~rch 2, 1994 MONIA/BURGER MOVED TO ACCEPT THE PROGRESS REPORT AND DI]~ECT THE CITY MANAGER TO REPORT AGAIN AT THE ]{ARCH 16 COUNCIL MEETING. PASSED 5-0. Councilmember Kohler addressed an article in the paper about the Tallow Corporation complaining because people were movinc dead deer themselves. City Manager Peacock stated that to his knowledge, tis is not a problem. B. Revolving Door Policy Applying to City Council and Establishing Two-Year Waiting Period MONIA/ANDERSON MOVED TO APPROVE A RESOLUTION CONCERNING i~EVOLVING DOOR POLICY FOR PLANNING COMMISSIONERS AND COUNCILMEMBERs3. Mayor Tucker stated this resolution states that a person ~ho serves on the Council or Commission must wait two years before they ]ppear before the Council or Commission on behalf of an applicant. The above motion was carried 5-0. C. Resolution Adding Councilmembers to Commissione Conflict of Interest Policy MONIA/BURGER MOVED TO APPROVE A RESOLUTION ADDING COUN( iLMEMBERS TO COMMISSIONER CONFLICT OF INTEREST POLICY. PASSED 5-0. Councilmember Anderson stated this policy should go forward as soon as possible. City Manager Peacock stated this will be given to people who take out papers. Councilmember Monia asked if he was a member of a Boy Scout Church group and that group came before the Council/would he hay to abstain? City Attorney Riback stated the only time a requiremen to abstain would come into play would be if a Councilmember's pos tion with a particular organization, as an employee who receives comp~nsation, and the decision of the Council affected this compensation Or if the Councilmember is a policy maker for that partidular orgalization. D. Proposed Policy for open Space Acquisition through Development Process (continued from 2/2) MONIA/ANDERSON MOVED TO APPROVE THE PROPOSED POLICY FC OPEN SPACE ACQUISITION THROUGH DEVELOPMENT PROCESS. PASSED 5-0. 7. NEW BUSINESS A. Memo Authorizing Publicity for Upcoming Hearin - None. B. Approval of Contractual Services Agreement wi';h Center for Independence of the Disabled, Inc. for an nount not to exceed $12,000 to perform an ADA Accessibility urvey of City Facilities - Capital Project No. 9302 Staff recommends that the City Council approve agreement and authorize City Manager to sign on behalf of City. City Manager Peacock stated the Village Library will in,:lude all the buildings in Historic Plaza. BURGER/ANDERSON MOVED TO APPROVE THE AGREEMENT AND AUTHO ~IZE THE CITY MANAGER TO SIGN ON BEHALF OF THE CITY. PASSED 5-0. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications City Council Minutes 41 M~Lrch 2, 1994 B. Agency AsSignment Reports councilmember Anderson reported on the Transportatio Commission meeting. She noted they held a special session of the Finance and Marketing Committees for the Transportation Agency. Sk noted they discussed fare increases. She noted the proposal is to r]ise the fare to $1.10 for adults and 50 cents for juniors and they ~uggested the seniors and disabled pay the same a~ juniors. Councilmember Burger stated the Sister City Committee di( meet, but no action items to report. Councilmember Anderson stated that at the Transportation meeting they made a recommendation that people living below the povert~ level should have the discounted fare. Councilmember Burger stated she artended her first m~ ~ting of the Transit Coordinating Council. .She stated they d~.scussed the recommendations from the Para-Transit Review Council and a~so discussed the Para-Transit Coordinating Committee, Executiv Committee membership. Councilmember Anderson stated a concern about the fare in rease at the Transportation Commission is, if they increase the fare too high for disable it may encourage them to use! the para-Transit sy:~tem. Councilmember Burger reported on the Senior Coordinati].g Committee. She stated SASCC had two successful fund-raising events a~d noted they also made an adjustment to their budget to cover the service of the extended day care hours. Councilmember Monia reported on the Legislative Task Forc He stated staff will make copies for other Councilmembers. He addressed the booking fees and noted the County may increase the fe.~ to $215 by September. He stated the City should take a position on 5hisand take action. City Manager Peacock stated they have approximately $44 000 budgeted for booking fees annually. Councilmember Monia stated there are many strategies beiz~g discussed. He stated one of the' arguments for the drop in bookincs is because cities are spending less money on the booking' fees. E~ouncilmember Monia stated the cities need to put pressure on the Stat. because the County and Cities are cutting back, but the State is not Councilmember Monia reported on AB136 noting this is a ill to lower the age on capital crimes. He noted there is revision at the 'State level on Prop 172 regarding some of the money going to th schools for school safety. The Council briefly discussed the Smoking Ordinance. :ity Manager Peacock stated he received communications from other groups with suggestions and will bring this back to the Council to consider in two weeks. He stated the cities are interested in getting a niform set of regulations for all cities throughout the County. Councilmember Monia stated the City needs to make a st] ~hg statement regarding the booking fees and get it on record. Councilmember Anderson suggested the Council look at heir massage ordinance. 8. PUBLIC HEARINGS - 8:30 p.m. A. Ordinance adding Sections ~-15.150 and 6-15.1~ ) to the City Code relating to Reguletion of the Storage a~d Display of Spray Paint Containers and Marker Pens Staff recommends that the City Council introduce the ordinance by title only, waiving further reading. City Council Minutes 5 M.~rch 2, 1994 City Attorney Riback stated this ordinance is part of ~ County-wide effort to curb graffiti, and cities in Santa Clara Cou ty have been asked to adopt an ordinance which regulates the storage ~d display of spray paint containers and marker pens to minimize theft of these articles from retail stores. He noted the ordinance does not limit or prohibit the sale of the merchandise beyond the current state law. He noted violation of this ordinance is classified as an inTraction. In response to Councilmember Anderson's question, City AtLorney Riback stated state law prohibits the sale of spray paint containers to minors, unless they have permission from an adult. H~ added this ordinance does not affect this. He noted individual etailers can refuse to sell to minors. Mayor Tucker opened the public hearing at 8:33 p.m. The public hearing was closed at 8:34 p.m. MONIA/BURGER MOVED TO INTRODUCE THE ORDINANCE BY TITLE ~NLY, WAIVING FURTHER READING. PASSED 5-0. C. General Council Items 1) Agenda items for adjourned regular meeting March 22 - Joint Meeting with Heritage Preservation ~ommission - No additions 2) Other Councilmember Tucker reported on the Mayors and Managers aeting noting they discussed the opening of Highway 85. She noted they also discussed the merging of the Transportation Agency and st.~ted Benjamin and Koppel recommend that this organization be looked at 23y an outside contractor. Councilmember Tucker addressed the propose(. legislation which indicates that an urgency bill can not be enacted ].f it creates a new agency. With an effective date of January 1, 1~95, the new governing board could not be elected until after that dai~e. Mayor Tucker reported on the Sheriff's meeting and noted t~e Sheriff is looking into the possibility of other station facilitj~s either in Saratoga or Cupertino. Councilmember Kohler stated' he received a complaint fIDm a citizen regarding the Saratoga/Los Gatos Fun Run. He stated the citizen complained that roads were closed off and they were not .lowed on the roads even for emergencies. Councilmember Monia suggested Councilmember Kohler give e name of the citizen to Mr. Peacock and staff will follow up on this. Councilmember Anderson stated she would like the Cit Attorney to examine the Massage Ordinance as it stands. Mayor Tucker stated the Cities Association will be !viewing this issue. City Manager Peacock stated several cities are changing their ordinance and staff will bring this back to the Council in a month for review. Councilmember Anderson asked if the Council is interested in agendizing discussion regarding the wording for the Council's compensation so that members may be eligible for PERS in the future. Councilmember Monia believes it would be difficult to m.~ke decisions regarding PERS if it affects the Council. He noted the C)uncilmembers should be as independent as possible from being classified as an employee of the City. 10. ADJOURNMENT City Council Minutes 6 M~rch 2, 1994 The City Council adjourned at 8:45 p.m. to a closed session on the acquisition of Nelson Gardens. Mayor Tucker reconvene( the meeting from closed session at 9:12 p.m. Councilmembers present were Burger, Anderson and Mayor T ~Cker. The Mayor announced that in closed session the City Man~ger had been instructed to continue with efforts to negotiate purchase of the Nelson property to secure an updated appraisal on the property and to analyze and report on options for acquiring and funding the acquisition of the property. The meeting adjourned at 9:15 p.m. to a meeting on Tues.|ay, March 8, beginning at 7:30 at Redwood School Library and continui%g at 8:30 in the Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted Catherine M. o Minutes Clerk