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HomeMy WebLinkAbout08-16-1995 City Council Minutes SARATOGA CITY COUNCIL TIME: Wednesday, August 16, 1995 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance 1. ROLL CALL The meeting was called to order at 7:35 p.m. Councilmembers Jacobs, Moran, Tucker, Wolfe, and Mayor Bdrger were present. Staff present: City Manager Peacock, Public Works Director Perlin, Associate Planner White, City Attorney Riback City Attorney Riback reported on the closed session. The City Council did take final action on one item that was placed on the agenda this evening because the item came to:their attention after the agenda was posted and is a matter that required urgent action. The item was approval of a final settlement agreement between the City and the County of Santa Clara regarding a dispute between those two agencies over the payment by the County to the City of interest which had allegedly been accruing on certain assessments and property taxes collected by the County on behalf of the City. Once that document is finally executed by all parties it will be available in the office of the City Clerk 2. CEREMONIAL ITEMS A. Introduction and Commendation of Emily Marcason, Honor America Essay Contest Winner from Saratoga Springs, New York Councilmember Wolfe presented a history of the award and introduced Ms. Marcason and her parents. He then presented the award, which Ms. Marcason accepted. She thanked the City of Saratoga and presented gifts to Council members and staff. B. Proclamation on Adult Day Care Week TUCKER/MORANTO APPROVE THE PROCLAMATION ON ADULT DAY CARE WEEK. 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 August 11. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS Judge Eugene Hymen presented a handout of an article regarding domestic violence he had written for the San Jose Mercury-News. He requested that the Council send a team to the Council on Domestic Violence to be held on October 20-21. Mayor Burger said Council members had received the invitation which had been forwarded to members of the Public Safet~ Commission, Community Service Officers and the School Resource Officer. She said the City will be trying to put together a team. Gay Grant talked about the City's ordinance limiting each household to three dogs or requiring them to apply for a kennel license. She said the applicants for the license must show that they have sufficient acreage and the neighborhood would not be impacted. Ms. Grant said that no notification is giving for a hearing to issue such licenses. Her neighbor has six dogs and has applied for a kennel permit. Ms. Grant said that there have been complaints filed with the City about this situation since 1992. She asked that Council reverse the decision allowing kennels in residential neighborhoods. She read a petition and presented it to Council. Mayor Burger stated that she had been talking to Ms. Grant and is aware that there is a problem. City Council Minutes ;Z August 16, 1995 Councilmember Wolfe asked about past practice. Mayor Burger said the ordinance was an attempt to limit the number of dogs. She stated that the hope was that if people hadto go through the process it would inhibit them from owning more than three dogs. Staff clarified that the ordinance specified three domestic animals. Councilmember Moran said Council' should ask staff to come back with suggestions. She said this is an issue that needs attention. Mayor Burger said staff would have a chance to review the ordinance. Councilmember Jacobs said he had talked with Mr. Curtis who indicated that the process is administrative only with no provision for a public hearing; however, they do talk to neighbors. The permit does not allow those with permits to run a commercial kennel. Staff will be looking into it and Council might want to talk about it at some point. No permit has been issued in the instance we are talking about. Mark Waldron, resident of Saratoga, said Currently the ordinance places a limit on barking. Three years ago neighbors moved in with six dogs. They bark all the time, sometimes for an hour and a half at a time. He said he has a difficulty with and is questioning the barking time limit rule. They had found out that: there was an application for a kennel permit and were surprised to learn there was not a provision for a public hearing where Council could consider the litany of complaints and they had to issue a license. After issuance of the license and if the barking limit is exceeded the permit is withdrawn. This seems inappropriate. He said he understands the need for kennels but there needs to be notification and a public hearing. He said if a resident wants a variance they have! to present their case before the Council and suggested that a kennel has as much impact on a neighborhood as a second story. He concluded that they are suffering from 'their neighbor's desire to collect pets. He asked Council to change the process to allow an opportunity where neighbors can state their case and talk about the past record of the applicant MayOr Burger said it appears there is a problem and said she has spent time on the phone with the CSO. Councilmember Tucker suggested a work study session to look at the ordinance and make suggestions for changes. Councilmember Moran asked if it were appropriate to ask the City Manger to hold off on granting this current petition and ask the staff to report back with suggestions as to what kinds of changes they should consider. Councilmember Tucker said the neighbors should be invited to any hearing. Mayor Burger asked the City Attorney if Council can ask that no permits be issued. City Attorney Riback stated that Council has the authority to do that but it cannot be done tonight because of Brown Act restrictions. Council can indicate that it is their desire that staff not move forward on any kennel licenses then take formal facts at the next meeting and establish a moratorium on the issuance of permits.. Councilmember Jacobs asked what the City Manager plans to do about the permit applied for. City Manger Peacock stated that is had not come across his desk and he would have to check the ordinance to see who has the administrative authority. The granting of a .permit can be appealed to the City Council. In answer to Councilmember Jacobs' question regarding investigation of the application, Mr. Peacock said they would consider whether there is a history of problems with this particular household It would be an important criterion in choosing whether the permit would be issued. Mayor Burger suggested that they ask staff to investigate this Cit~ Council Minutes 3 August 16, 1995 application very carefully within the confines of the current ordinance. Council would like to review the current ordinance with perhaps some suggestions from staff. The signators of the petition should be notified of this hearing. WRITTEN COMMUNICATIONS 1) Saratoga Drama Group, requesting Exemption from Ticket Surcharge for Extra Benefit Performances City Manager Peacock presented the staff report. Roberta Savage, representing the Saratoga Drama Group, referred Council to the letter contained in the packet.' She said they are the only group of three working in the theater who hold a benefit. She said it was her feeling that this group of theirs that comes is already paying; they pay their rent for the use of the theater. By June the city will have $20,000 for'the use of the theater. She said the two groups they work with are trying to be a credit to the community. She feels that $600 is about what they might not get if they pay the surcharge and she hoped Council would change their mind. She described the groups benefiting from the performances. Ms. Savage suggested that staff change the ordinance to allow appropriate groups to h~ve the opportunity to be exempt from the surcharge. Nancy Anderson, speaking for two organizations, the Committee on Homeless Women and Children of the Los Gatos/Saratoga American Association of University Women, and the Adult Day Care Center, said the drama group does this performance as a benefit to the community. The extra shows give the City rent money to take care of wear and tear. She said their organization already has to pay $7 per seat for rental and royalty expenses and this would raise to it $8. They would lose' $300 from each performance. She told what this amount would buy and said she hoped Council would consider waiving this rule for benefit performances only. Discussion following regarding concerns as to whether this would be a gift of public funds and whether to make this a permanent change or to consider requests on a case by case basis. WOLFE/MORAN TO APPROVE THE REQUEST FOR EXEMPTION FROM .THE TICKET SURCHARGE FOR THE TWO BENEFIT PERFORMANCES SCHEDULED BY THE SARATOGA DRAMA GROUP. Passed 5-0 5. CONSENT CALENDAR A. Previously-Discussed Items 1. Resolution on Abdullah Appeal heard 7/19 MORAN/TUCKER TO APPROVE ITEM 5.A.1 OF THE CONSENT CALENDAR. Passed 5- . B. New Items 1) Planning COmmisSiOn Actions, 7/26; 8/9 - Councilmember Tucker requested that this item be removed from the Consent Calendar. 2) Parks and Recreation CommiSSion Minutes, 7/10/95 - Note and file. 3) Approval of Check Register 4) City Financial Report for June 5) Quarterly Quarry Creek Trust Report - Receive and file. WOLFE/TUCKER TO APPROVE ITEMS 5.B.2 THROUGH 5. Passed 5-0 1) Planning Commission Actions, 7/26; 8/9 \ City Council Hinutes 4 August 16# 2995 Councilmember Tucker congratulated James Walgren for passing the AICP certificate. TUCKER/MORAN TO APPROVE ITEM 5.B.1. Passed C, CLAIMS AGAINST ~'n~ CITY - None. PUBLIC HEARINGS - None. 7. OLD BUSINESS - None. 8. NEW BUSINESS A. Oral Communications (cont:Lnued) and instructions to staff regarding actions on current oral communications - None. B. West Valley Hillsides Joint Planning Review - Draft Work Program Associate Planner White presented the staff report. Councilmember Wolfe asked how the Sweeney Bill would affect the JPA if it were to pass. Mr. White said that without knowing the exact language and desires of other communities it was difficult to say. Councilmember Wolfe asked if it would require additional review. Mr. White said he didn't know but he didn't want to create another layer of review. Councilmember Moran referred to the :staff report. Mr. White said the only comment by the Planning Commission was that we would have to consider additional noticing for projects that happen on boundary lines between jurisdictions. Otherwise they were supportive of the project.' MORAN/TUCKER TO ACCEPT TEE WORE PROGRAM AND DIRECT STAFF TO INITIATE THE PROJECT. Passed 5-0 Councilmember Wolfe commented that he thought the studies that have been done help protect our hillsides. C. Resolution Repealing Fees ~c be Collected per Section 711.4 of the Fish and Game Code City Manager Peacock presented the staff report. Councilmember Jacobs asked what the fee was collected for. Mr. Peacock said it is to pay the Department of Fish and Game for its costs of reviewing negative declarations or t:IRs. He said the effect on the City would be that this would be one less fee for the City to collect and pass along. TUCKER/JACOBS TO ADOPT THE RESOLUTIOI~. Passed 5-0 D. Modification of NUisance Abatement Ordinance E. Ordinance Relating to Graffiti Joe Oncay, City Codes Administrator, and City Attorney Riback presented the staff report. Councilmember Moran referred to the graffiti ordinance and asked about how long it takes to remove graffiti. Mr. Riback said within approximately ten days. Ms. Moran asked how this was different than before. Mr. Riback said it is primarily a streamlining of the process accomplished by not requiring a public hearing before the City Council before the City Manager can declare a public nuisance. Regarding the fiscal impact Mr. Oncay said it will save a substantial amount and they can start recovering costs sooner. He said if the City abates the nuisance according to this process, a lien would be applied. He told Councilmember Wolfe the property owner is responsible unless they catch the person who did it. City Council Minutes 5 August 16, 1995 Mr. Peacock clarified for council that the objective is to remove graffiti as soon as possible. Me said the main difference is that currently the meter does not start running until Council declares a nuisance. Mr. Peacock informed Council that a list of names would be provided to Council from which they could choose the Board of Appeals member. Item 8.D. - MORAN/WOLFE TO DIRECT STAFF TO COME BACK WITH AN ORDINANCE AMENDING THE NUISANCE ABATEMENT PROCEDURE AS DISCUSSED. Passed 0 Item 8.E. - JACOBa/MORAN TO INTRODUCE THE ORDINANCE BY TITLE ONLYt WAIVING FURTHER READING. 5-0 9. ROUTINE MATTERS A. Approval of Minutes - 7/195 7/25 The minutes were approved as submitted with Councilmember Moran abstaining on the 7/25 minutes. 10. CITY COUNCIL ITEMS I. Agenda items for joint meeting with Planning Commission september 12 1) Mountain Winery Development Guidelines 2) Discussion of Decision-Making Process on Recent Appeals Mayor Burger said she would like to review the grounds for abstention since there were many. City Attorney Riback said there should be a reason given. - It should state in the minutes if the reason is a perceived conflict of interest. City Attorney Riback was excused. B. Designation of Voting Delegate for League ~n~ual Conference By consensus, Council selected Mayor Burger as voting delegate and Councilmember Moran as alternate. Discussion followed regarding the Council meeting scheduled for the last day of the conference. It-was determined that it would begin at 6:00 p.m. C. Other Councilmember Jacobs asked when Council can expect a budget summary of 1994-95. Mr. Peacock said he had gone over it with the Finance Committee. The reports in ,the packet tonight are preliminary. Be answered Councilmember Moran s questions regarding the business license and sales tax projections. Mr. Peacock informed Councilmember Jacobs that they are scheduled to discuss the final finan. cial statement on October 24. Public Works Director Perlin reported on a neighborhood meeting held in the McFarland/Devon area. He said a recommendation would be presented to the Public Safety Commission. There are two sides, those who want McFarland open and those who want it closed. He said he thought they were trying to find a common ground. Mayor Burger said she had heard from people who had been at the meeting and there was a good feeling about how Mr. Perlin had conducted the meeting. Mayor Burger' thanked the city managers from the nine cities and the County who nominated the library JPA for the Helen Putnam award. C~ty Council Minutes 6 August 16, 1995 Councilmember Wolfe said he had attended a Milpitas City Council meeting last night. He has been working.on a school facilities committee for several months and had been presented with a commendation. He said Larry Stone, County Assessor, reported on the update and new policies in his office. Mr. Stone said he would be delighted to speak to Saratoga's Council as well. By consensus, Council directed the City Manager to prepare an invitation to Mr. Stone to speak at the October 4 meeting. 11. ~d:~TO~NT At 9:20 p.m., the meeting was adjourned to 7:00 p.m. on Tuesday, August 22, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, f Minutes Clerk