HomeMy WebLinkAbout11-20-1996 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TIME: Wednesday, November 20, 1996 - 6:45 p.m.
PLACE: Civic Theater, 13777 Fruitvale Ave.
TYPE: Regular Meeting
Closed Session pursuant to Section 54956.9 (a): - 6:45 p.m. in
Administration Conference Room, 13777 Fruitvale Avenue
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Name of case: San Francisco Baykeepers v. Saratoga
7:30 - Pledge of Allegiance - Led by Marlene Duffin.
1. ROLL CALL
Councilmembers Present: Mayor Jacobs, Vice Mayor Moran, Councilmembers
Burger, Tucker and Wolfe.
Staff Present: City Manager Peacock, City Attorney Riback, and Public
Works Director Perlin.
2. CEREMONIAL ITEMS - None
3. REPORT OF CITY CLERK ON POSTING OF AGENDA
City Manager Peacock reported that pursuant to Government Code 54954.2,
the agenda for the meeting was properly posted on November 15, 1996.
4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC
A. ORAL COMMUNICATIONS - None
B. COMMUNICATIONS FROM COMMISSIONS - None
C. WRITTEN COMMUNICATIONS
1) Mayor Linde D. Server, City of covine, requesting
financial support to seek redlrection of 1% of sales tax
revenue from State to cities and counties
In response to'Councilmember Wolfe's question concerning how Saratoga
would benefit, City Manager Peacock stated that if the legislation
successfully passed and was signed by the Governor, the sales tax
revenue for the city would increase by about $2 million. He said that
the sales tax would be distributed on a per capita basis, meaning on a
basis of population of cities and counties, as opposed to where things
are sold.
Councilmember Burger urged the Council to spend the $500 in support of
the passage of the bill. She said that Saratoga took the position to
support the legislation, and the request is for donations to continue
lobbying efforts to secure passage of the bill. She said she felt the
City of Saratoga would benefit from the sales tax revenue and the
contribution would be worthwhile.
Councilmember Moran said that she was against supporting the bill. The
League of California Cities has not been able to support the proposal
and it has been assertively promoted by the City of Covina for the last
several years before the League, and would put more pressure on
communities to increase retail sales opportunities that would be
taxable. She said another misgiving is that the money which would be
turned to the local governments would then be money that the state does
not have, and the state would eventually take it from the cities in one
form or another. She said that although cities need the money, the
passage of Proposition 218 has put everyone in a frustrated state and
it wouldbe difficult to raise taxes; federal and state welfare reform
will be increasing local costs and the cities will ultimately lose
money. She said she was unable to reach Jim Cunneen to ask why he
voted against the proposal. She said that she realized the City has
supported the bill in the past, and that the general idea was one that
merits consideration, but that she could not support this particular
legislation.
Mayor Jacobs said that he would vote to contribute the funds in support
City Council Minutes 2 November 20,
1996
of the bill. He said he did not feel the League had done much in the
last few years to return the revenue to the cities that was removed by
the state. He said that to oppose it because the League and Cities
opposed it was similar to saying that the city should not be spending
money to get nothing, and it would encourage an increase in shopping
centers and he was not convinced of the benefit of that. He said that
cities over the last ten years have been pushing commercial development
because they are so squeezed from revenue and the only way is through
commercial development, and sales tax revenues. Mayor Jacobs said that
in his estimation it would alleviate some of the pressure because it
would return some of the sales tax revenues that the cities aren't
getting back. He said he was in favor of Saratoga spending $500 to get
back some of the money that the taxpayers pay but which doesn't come
back to the city.
Councilmember Tucker said it was a difficult decision, and asked if
councilmember Moran was still a member of the committee. Councilmember
Moran responded that she was a committee member and that it was a
difficult decision because all the cities are headed toward the same
goal; the cities are strapped for money, and a lot of it is state take
away. Councilmember Moran said she felt it had to be done although
some may feel it is not the way to proceed. She said there was a level
of frustration building, and it was evident why cities such as Covina
were in favor of the legislation.
Councilmember Wolfe expressed concern about being involved in shopping
center wars with large cities, and with Measure L the city has many
things to reconsider. Councilmember Wolfe recommended that a letter
be sent from the Council wishes and a handshake, but said he was not
supportive of the $500 contribution.
BURGER/JACOB8 THAT THE COUNCIL AUTHORIZE THE $500 CONTRIBUTION TO THE
CITY OF COVINA TO CONTINUE EFFORTS IN THE 1997 LEGISLATIVE SESSION TO
SECURE PASSAGE OF A BILL WHICH WOULD RETURN A PORTION OF THE 1% STATE
SALES TO CITIES ~ COUNTIES ON A PER CAPITA BASIS. AYES: BURGER,
JACOBS. NOES= TUCKER, MORAN, WOLFE. FAILED
Councilmember Tucker echoed Councilmember Wolfe's suggestion to write
a letter in support of the bill.
5. CONSENT CALENDAR
A. Previously-Discussed Items - None.
B. New Items
1) Plannlng Commission Actions, 11/13 - Note and file.
2) Youth Commission Minutes, 9/9; 10/7 - Note and file.
3) Parks and Recreation Commission, 10/7 - Note and file.
4) Memo Authorizing Publicity for Upcoming Hearings - Weed
Abatement.
S) Approval of Check Register
6) City Financial Reports for october:
a) Treasurer,s Report - Receive and file.
b) Investment Report - Receive and file.
c) Financial Report - Receive and file.
7) Authorization for Mayor to execute Modifications to
License Agreement with Chevron USA, Inc., re:
Authorization to install Groundwater Monitoring Wells
on City-owned Property
8) Authori~ation for City Manager to execute Quitclaim of
City Council Minutes 3 November 2 0,
1996
City Interest in Roadway Easement affecting 20613
Brookwood Lane
MORAN/BURGER TO APPROVE THE CONSENT CALENDAR ITEMS 5B1 THROUGH 8.
PASSED 5-0.
C. CLAIMS AGAINST THE CITY - None.
6. PUBLIC HEARINGS - None.
7. OLD BUSINESS - None.
8. NEW BUSINESS
A. Oral Communications - None
9. ROUTINE MATTERS
A. Approval of Minutes - 11/6; 11/12
MORAN/BURGER TO APPROVE THE NOVEMBER 6 AND 12 MINUTES AS SUBMITTED.
PASSED 5-0.
10. CITY COUNCIL ITEMS
A. Agenda items for adjourned regular meeting 12/10
1) Joint Meeting with Saratoga Area Senior Coordinating
Councll
2) Joint Meeting with West Valley College Board
There were no other agenda items to add.
B. Master Meetings Calendar for 1997
City Manager Peacock stated that other city and county governments were
informed of the meeting dates.
C. Farewell Remarks from Councilmembers Burger and Tucker
Councilmember Tucker thanked the citizens of Saratoga for allowing her
to serve for four years as a Councilmember and 6 years as a Planning
Commissioner. She said that her family moved to Saratoga 20 years ago
and she fulfilled her American dream with a lovely home in a nice
neighborhood, beautiful community, and excellent schools. She said she
became involved in the community when Highway 85 first became an issue
and she was in opposition to the freeway.
Councilmember Tucker thanked her fellow councilmembers for their
support and acknowledged their contributions to the City of Saratoga.
She acknowledge the hard work of the City's staff and thanked them for
their support. Councilmember Tucker also thanked her family for their
support while she was in public office.
Councilmember Burger said that she was proud of her many
accomplishments to benefit Saratoga.
Councilmember Burger commented on the recent election, stating that it
was not unusual for its lack of focus on the real issues; creating
issues where none existed; inventing crises and then failing to provide
solid solutions. She said it served no purpose other than to confuse
the voters, planting uncertainty and doubt where it need not exist.
She suggested two approaches for Saratoga to consider that she felt
would result in not only a better campaign but also better informed
electorates. She said that campaigns should focus on defined issues.
Forums, televised debates,, and campaign literature should address
issues, not personalities. Fear tactics should be discouraged. She
suggested it be accomplished by devising a pledge statement to be
signed and adhered to by all candidates. Secondly, she recommended
that the large spenders be discouraged. She said that despite the
City Council Minutes 4 November 20,
1996
pronounced fear of political action committees and their effects on
elections, there is really no evidence that time should be wasted on
debating such misplaced concerns. A total amount should be allocated
for each contributor whether they are a committee or individual. She
suggested a cap on contributions to council campaigns of a maximum of
$200, as it evens the playing field, and provides no certain candidate
an advantage. In addition, it is reflective of widespread support; an
encouragement for the candidate; and if the candidate then raises more
than others, it proves only that he or she enjoys a wider degree of
support. She said she hoped the Council taking charge on December 4th
would be capable of addressing her suggestions with fairness and
honesty, and she looked forward to a meaningful discussion on the
subject.
Councilmember Burger then thanked the community for the privilege of
serving them on the City Council and Planning Commission. She thanked
the staff for their professionalism and excellent work. Councilmember
Burger acknowledged her fellow Councilmembers and said it was a
pleasure and joy to work with them. She thanked her husband for his
Support.
Mayor Jacobs, Councilmembers Moran and Wolfe each thanked
Councilmembers Tucker and Burger for their hard work, dedication and
support to the City of Saratoga and wished them success in their
endeavors.
D. Other
11. ADJOURNMENT
At 8:10 p.m. the meeting was adjourned to closed session pursuant to
Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
Title: City Manager
12. RECO~v~E TO OPEN SESSION
At 9:45 the Mayor announced that no final actions had been taken; the
closed session was continued to December 10.
13. ADJOURNMENT
The meeting adjourned at 9:45 p.m. to 7:00 p.m. on Tuesday, December 3,
in Civic Theater, 13777 Fruitvale Avenue,
Respectfully submitted,
Elizabeth Ellis~
Minutes Clerk