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HomeMy WebLinkAbout11-15-1995 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 15, 1995 - 7:15 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Closed Session - 7:15 in Administration Conference Room, 13777 Fruitvale Avenue CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION pursuant to SubdiviSion (a) of Government Code section 54956.9 Name of case: Guadalupe Disposal vs. City of Saratoga Mayor Jacobs reported that no action was taken in the closed session. Council will return to closed session following the regular meeting. Pledge of Allegiance - 7:32 p.m. 1. ROLL CALL The meeting was called to order at 7:32 p.m. Councilmembers Burger, Moran, Tucker, Wolfe and Mayor Jacobs were present. Staff present: City Codes Administrator Oncay, Finance Director Fil,' City Manager Peacock, Public Works Director Perlin, City Attorney Riback. 2. CEREMONIAL ITEM8 - None. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA PUrsuant to Government Code 54954.2, the agenda for this meeting was' properly posted on November 9. 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS (limited to 15 minutes) Mr. Jeffrey Schwartz, San Marcos Road, addressed the Council with reference to Councilmember Wolfe's comments at a previous City Council meeting. He stated that he had viewed the videotape of the meeting and felt the need to respond. He said he was not with Ms. Dennis at the Farmers' Market as Councilmember Wolfe indicated, and noted that he was also verbally assaulted by Councilmember Wolfe a week prior to the incident at Farmers' Market. Mr. Schwartz said that Mr. Wolfe verbally assaulted another person working on the initiative two weeks later. Mr. Schwartz questioned the appropriateness of being subjected to such negative behavior of councilmembers. Mr. Schwartz requested that the Council direct the City to cease collecting the utility override tax, stating it was illegal. Me noted that the Town of Los Gatos handled the matter responsibly by deciding to stop collection of the tax when the decision by the Supreme Court was handed down. Mr. Calvin Hammack, 15540 Quito Road, Saratoga, addressed the Council regarding the San Tomas Aquino Creek. He said he had contacted the Council previously about a neighbor using a backhoe on the banks of the creek, and nothing was done regarding the situation, which could potentially cause a problem with the coming rains. Mr. Hsmmack stated that there should be a temporary fix to the creek. He reported that he sent five fax communications to various agencies involved and as yet has received no responses except from the Corps. Mr. Hsmmack explained that he found more cracks in the creek wall upon reexamining it. Upon further investigation he noted that the wall was made in sections, ending with a brick wall with braces. Mr. Hammack urged the Council to investigate the creek wall and remedy the situation before something serious happens. Mayor Jacobs indicated that the Council would return to oral communications to discuss whether any action would be taken with regard to instructions to staff. City Council Minutes 2 November 15, 1995 B. COMMUNICATIONS FROM COMMISSION8 - None. C. WRITTEN COMMUNICATION8 - None. 5. CONSENT CALEND/~R A. Previously-Discussed Items 1) Ordinance amending the zoning Ordinance to define -unenclosed storage" (second reading and adoption, waiving further reading) TUCKER/MORAN TO ADOPT ORDINANCE AMENDING THE ZONING ORDINANCE TO DEFINE -UNENCLOSED STORAGE" BY TITLE ONLY, WaiVING FURTHER READING. PASSED 5-0 B. New Items 1) Planning Commission Actions, 11/8 - Note and file. 2) Parks end Recreation commission Minutes, 10/2 - Note and file. councilmember Tucker requested that Item 2 be removed' frGn the Consent Calendar for discussion. 3) Finance Advisory Committee, 10/16 - Note and file. 4) City Financial Reports for October: a) Treesuterus Report - Receive and file. Investment Report - Receive and file. c) Financial Report - Receive and file. 5) approval of Check Register 6) Resolution and Letter Agreement memorializing Status of PG&E Compressed Natural Gas Equipment and Lease Payments for purposes of Political Reform Act and FPPC Regulations MORAN/BURGER APPROVE ITEMS 1, 3, 4, 5 AND 6 OF THE CONSENT CALENDAR. PASSED 5-0.. 2) Councilmember Tucker expressed concern about a possible conflict of meetings. Mayor Jacobs recommended that the meetings proceed as scheduled. TUCKER/WOLFE. APPROVE ITEM 2 OF THE CONSENT CALENDAR. PASSED 5-0.. C. CLAIMS aGAINST THE CITY - None. Mayor Jacobs moved the agenda to Item 7. 7. OLD BUSINESS · A. Award of Contract for Revenue Enhancement Services to Municipal Resource Consultants and Approval of Budget Resolution and Authorization Resolution Councilmember Tucker questioned the discrepancy in the franchise fee amount for MRC and Mdl. Finance Manager Fil responded that Mdl listed a zero amount because they have not developed a program for those resources. Councilmember Moran reconfirmed that the City was not just looking at sales tax enhancement through the services of MRC. WOLFE/BURGER aPPROVED AWARD OF CONTRACT FOR THE REVENUE ENHANCEMENT City Council Xinutes 3 November 15, 1995 SERVICES TO MUNICIPAL RESOURCE CONSULTANTS AND APPROVAL OF BUDGET RESOLUTION 95-30.06 AND AUTHORIZATION RESOLUTION 95-51. PASSED 5-0 8. NEW BUSINESS Oral Communications (continued) and instructions to staff regarding actions on'current oral communications Mayor Jacobs requested legal counsel to provide a legal opinion as to what the City's options are, as a result of the recent Supreme Court decision relative to the tax. City Attorney Riback stated he would provide a staff report at a future meeting, and added that he had reported to the City Council in a recent memorandum that there are several unanswered questions as a result of the Supreme Court decision. One significant unanswered question is how the decision applies if at all to taxes that were enacted prior to Prop. 62 but then were extended subsequent to the enactment of Prop. 62, which is the case of Saratoga. Saratoga is significantly different from the recent adoption of the tax in Los Gatos. Mr. Riback stated that he had not received any specific indication that the tax is illegal or that the City is required to repeal it. He pointed out that there are several open claims because Saratoga's situation is different from the Measure A situation and the Los Gatos situation because it was apreviously adopted tax and it is clear that Prop. 62 did not apply to previously adopted taxes, but our tax was extended and there is no indication yet as to what the legal significance is of an extension of a previously adopted tax. Councilmember Wolfe added that at a recent ABAG meeting, the tax was being discussed at length. He noted that there were still a myriad of questions to be answered. With regard to Mr. Hammack's comments, Mayor Jacobs directed Mr. Hammack to discuss the matter with Mr. Oncay. Councilmember Moran requested that staff report back on the issue Mr. Hammack had addressed. Mayor Jacobs addressed the complaint against Councilmember wolfe, noting that it was also addressed at the previous CoUncil meeting, and l he considered the matter closed as far as the Council's action Was concerned. Councilmember Burger concurred, stating that the matter did not warrant further discussion. B. Ordlnanceamending Section 7-20.210 of the City Code relating to Animal Control - Hearing required for Private Kennel License city Manager Peacock reviewed the background of the item as outlined in the attached staff memorandum. The amendments to the ordinance were also discussed. Mr. Peacock pointed out that the hearing process was standardized. Councilmember Wolfe stated that he hoped the hearing process and the notification process would lead to something resembling dialog. Councilmember Burger noted that she was comfortable with the noticing standard as submitted with the draft. She stated that staff has included a chance of appeal which is unique. She noted that other administrative decisions of the animal control board are not subject to appeal. Mr. Peacock responded that the code was not consistent in terms of appeal. Ms. Mary Jane Karas, 12752 Saratoga Creek Drive, Saratoga, briefly stated that she attended the meeting to be updated on the ordinance. BURGER/WOLFE MOVED TO INTRODUCE THE ORDINANCE AMENDING SECTION 7- 20.210 OF THE CITY CODE RELATING TO ANIMAL CONTROL BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0. Mayor Jacobs moved the agenda back to Item 6. 6. PUBLIC HEARINGS - 8=06 pm. City Council Minutes 4 November 15, 1995 A, Ordinance adopting, with amendments, all State of California Model Building Codes City Codes Administrator Oncay presented the staff report relating to the adoption. of California Codes. He noted that the sections and Chapters of the codes have changed dramatically. Mr. Oncay noted that a communication would be forthcoming specifying that the height of pool fencing will be 5 feet instead of 4 feet. C~uncilmember Wolfe commended Mr. Oncay on the excellent work on the codes, noting the amount of work involved in such a large project. Re noted that Mr. Oncay was recognized at a recent meeting of the Joint Venture Silicon Valley Network for his cooperation with the committee. Mayor Jacobs opened the public hearing at 8:14 p.m. There being no one present who wished to speak, he closed the public hearing. WOLFE/BURGER INTRODUCE THE ORDINANCE ADOPTING THE CALIFORNIA BUILDING CODE, PLUMBING CODE, MECHANICAL CODE, ELECTRICAL CODE, FIRE CODE, UNIFORM ROUSING CODE AND UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS CODE, WITH AMENDMENTS, BY TITLE ONLY, WAIVING FURTHER READING. PASSED 5-0 Mayor Jacobs moved the agenda to Item 8c. Se. C. Memo authorizing Publicity for Upcoming Hearings - General Plan and Zoning Change~ Weed Abatement MORAN/BURGER aPPROVE MEMO aUTHORIZING PUBLICITY FOR UPCOMING HEARINGS' - GENERAL PLAN AND ZONING CHANGE~ WEED ABATEMENT. PASSED 5-0 9. ROUTINE MATTERS a, approval of Minutes - 11/1 WOLFE/MORAN aPPROVAL OF 11/1 MInuTES AS SUBMITTED. PASSED 5-0 10. CITY COUNCIL ITEMS agenda items for adjourned regular meeting 11/21: Items for meeting with Parks and Recreation Commission: l) Establish parameters for focus groups 2) Self-evaluation of 11/15 meeting 3) Council Liaison Reports Mayor Jacobs clarified that the only issue for discussion with Parks and Recreation Commission was Item 1 to establish parameters for focus groups. Items 2 and 3 are for discussion as other items for the 11/21 meeting. . Other Agenda Items for 11/21: 1} Interviews with two Parks and Recreation Commission Applicants - 6:30 (or hold interviews at 7:00 on December 6) There was consensus to meet at 6:30 p.m. to hold the interviews. 2) Discuss formulation of policy to cover siting of wireless antenna facilities Mayor Jacobs explained that the issue relates to requests from cellular companies to site additional antennas within the city. The Council felt that an overall policy to handle the requests should be discussed. City Manager Peacock noted that an additional item for discussion was the resolution on freeway noise. City Council Minutes 5 November 15f 1995 B. Schedule for Holiday Season Meetings - Regular Meeting of December 20, Adjourned' Regular Meeting of December 26 There was consensus not to hold a meeting on December 26. City Manager Peacock noted that .a critical issue is that the report from the Registrar is expected on the initiative petition before the December 6 meeting. The City Council is required to consider the petition at the next regular City Council meeting, December 6. A formal action will be to require a staff analysis of the impact. He noted that there will not be 30 days to prepare the analysis. C. OTHER Councilmember Tucker provided a brief update on the Youth Action Plan. Councilmember Tucker distributed an in-depth Highway 85 study and asked that a copy be forwarded to the press. Councilmember Moran requested that Council support her candidacy for an appointment to the Bay Area Air Quality Management Board. 11. ADJOURNMENT MORAN/BURGER TO ADJOURN AT 8z27 P.M. TO CLOSED SESSION. The next meeting is scheduled for 7:00 p.m. on Tuesday, November 21, at Administration Meeting Room, 13777 Fruitvale Avenue. Respectfully submitted, , 1 Recording Secretary