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Home My WebLink About11-04-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 4, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 7:30 - Pledge of Allegiance - Led by Councilmember-elect Evan Baker.. Mayor Wolfe congratulated Mr. Baker, Nick Streit, and John Mehaffey who were recently elected to the Council. Mayor Wolfe also thanked Councilmember Gillian Moran for an outstanding job in serving on the Council. 1. ROLL CALL The meeting was called to order at 7:30 p.m. Council members present were: Bogosian, Jaeobs, Moran, and Shaw, and Mayor Wolfe. Staff members present were City Manager Perlin, City Attorney Riback, Community Development Director Walgren, and Administrative Analyst Jacobs. Councilmember Moran congratulated Mayor Wolfe for being elected to the West Valley College Board of Trustees. City Manager Perlin indicated that the City Attorney had requested adding an item to the agenda, explaining that the item came up after the agenda was posted. MORAN/SHAW MOVED TO ADD THE ITEM FROM THE CITY ATTORNEY TO THE AGENDA UNDER ITEM 4A, COMMUNICATIONS. PASSED 5-0. 2. CEREMONIAL ITEMS A. Resolution commending Karen Ceppos for Service on Library Commission MORAN/JACOBS MOVED TO ADOPT RESOLUTION. PASSED 5-0. Ms. Ceppos was not present to accept the resolution. 3. REPORT OF CITY CLERK ON POSTING OF AGENDA City Manager Pedin reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on October 30. -- 4. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS City Attorney Riback reported that an issue had come to his attention which required a City Council decision prior to the next Council meeting. He explained that the issue would require the City of Saratoga lending its name to an amicus brief in a lawsuit of the California Housing Council v. the City of Malibu. Mr. Ribaek conveyed that the issue was whether or not Malibu's housing program must follow the recommendations of the State Department of Housing and Community Development (HCD). Malibu, after numerous public hearings, adopted several amendments to its housing act. HCD questioned the validity of those amendments. Malibu disagreed with HCD and proceeded to adopt the amendments. The California Housing Council (CHC), a nonprofit organization, brought suit against Malibu arguing that the interpretation and recommendations made by HCD must be followed by Malibu or any other local governmental agency. The Superior Court denied CHC's petition and rejected the interpretation of the law; however, CHC is now appealing the decision. Mr. Riback noted this was a very important issue to determine whether or not cities will retain the City Council Minutes 2 November 4, 1998 authority to enact legislation with regard to their housing ordinance without having to abide by every recommendation and interpretation that HCD makes relative to housing. The League of California Cities along with the City of Malibu is requesting that all cities participate in this particular action by lending the city's name to an arnicus brief at no cost to the City. The purpose of lending the city's name would be to make a point that this is a statewide issue, not an issue exclusive to the City of Malibu. A discussion ensued and Mr. Riback responded to Council members' questions. BOGOSIAN/SHAW MOVED TO ADD THE CITY OF SARATOGA' S NAME TO THE CASE. PASSED 5-0. B. COMMUNICATIONS FROM COMMISSIONS - None. C. WRITTEN COMMUNICATIONS - None. 5. CONSENT CALENDAR A. Previously discussed Items - None. B. New items 1) Planning Commission Actions, 10/28 - Noted and filed. 2) Resolution 98-35 declaring Weeds a Public Nuisance and setting Public Hearing for December 3. 3) Memo Authorizing Publicity for Upcoming Hearings - No new hearings scheduled for November 18. 4) Approval of Check Register 5) Agreement with Maze and Associates to Provide Auditing Services for FY 1997-98 and 1998-99 Councilmember Moran removed Item 5-B-5 from the Consent Calendar.. She thanked staff for a clear report and commented that it is wise for the City to change auditing firms more frequently. MORAN/SHAW MOVED TO APPROVE AGREEMENT. PASSED 5-0. 6) Resolution prohibiting U-Turns on Fruitvale Avenue Councilmember Jacobs removed Item 5-B-6 from the Consent Calendar. He expressed he was not convinced that eliminating the right to make a U-turn would improve the situation. Describing the staff report as sketchy, he requested additional information, asking whether the schools had been pursuing the issue, the extent of the problem, the number of accidents, etc. City Manager Perlin responded that a task force composed of representatives from the middle school, Sheriff's Department, City, West Valley College, and Public Safety Commissionreviewed the traffic congestion along Fruitvale Avenue and they all agreed the best solution was to move the U-turn south. Councilmember Bogosian indicated he would be willing to try the recommended action; however, he would hesitate to move the U-turn too far down Fruitvale because it becomes two lanes further south. Councilmember Jacobs asked whether the U-turn prohibition could be restricted to certain hours. Councilmember Moran proposed approv~ng the resolution and evaluating the issue at the end of 12 months. MORAN/BOGOSIAN MOVED THAT RESOLUTION NO. MV-231 BE ADOPTED FOP, 12 MONTHS AND THAT THE ISSUE OF THE U-TURN PROHIBITION BE RE-EVALUATED AT City Council Minutes 3 November 4, 1998 THE END OF 12 MONTHS. PASSED 4-1 (Jacobs opposed.) MORAN/SHAW MOVED TO APPROVE CONSENT CALENDAR ITEMS 5-B-I THROUGH 5-B- 4. PASSED 5-0. C. CLAIMS AGAINST THE CITY - None. Mayor Wolfe moved the agenda to Item 7. 7. OLD BUSINESS A. Final Map Approval, Tr. 9101 located at 13480 Saratoga Avenue (Owner: Fitzsimmons) City Manager Perlin introduced the item. Community Development Director Waigren presented the staff report, noting that staff had met with the neighbors and that their concerns had been addressed. Councilmember Moran indicated she had spoken with Mrs. Miriam Frazier who was pleased that staff had met with her. BOGOSIAN/MORAN MOVED TO APPROVE TI-IE FINAL MAP. PASSED 5-0. Mayor Wolfe moved the agenda to Item 6. 6. PUBLIC HEARINGS A. Proposed Formation of Underground Utility District Number 8 (Saratoga Avenue between Fruitvale Avenue and Baroni Court) (continued from September 2) City Manager Perlin explained that staff's recommendation was to continue the hearing for another two weeks. BOGOSIAN/MORAN MOVED TO CONTINUE THE HEARING TO NOVEMBER 18. PASSED 5-0. 4. A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications None. 8. NEW BUSINESS - None. 9. ROUTINE MATTERS A. Approval of Minutes o 10/21 JACOBS/MORAN MOVED TO APPROVE MXNUTES OF 10/21. PASSED 4-0-1 (Mayor Wolfe abstained as he was absent from the 10/21 meeting.) 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting There were no items scheduled for November 10, and the meeting was eanceled. B. Other City Council Minutes 4 November 4, 1998 i. Councilmember Bogosian referred to the action taken by the Saratoga Union School District Board of Trustees regarding removal of trees at Saratoga Elementary School.. He has been asked by his constituents if the City or the City's Tree Preservation Ordinance or Historical Preservation Ordinance have any jurisdiction over trees subjected to similar action. With support from Councilmember Shaw and Mayor Wolfe, Coun~:ilmember Bogosian asked the City Attorney to look into this matter and report back to the Council. ii. Councilmember Moran asked the City Attorney to review the planning process in the design of public facilities to assure that they follow the same rules that apply to others. Mayor Wolfe proposed that the City Attorney review what other cities are doing regarding this issue. 11. CITY MANAGER' S REPORT City Manager Perlin reported he would be attending the League of California Cities Legislative Workshop in San Jose on November 6. The workshop addresses legislation effective January 1, 1999, affecting California cities. City Manager Perlin reported on the Recreation Department activities. Councilmember Bogosian reported he would be attending a Pacific Gas & Electric Company briefing regarding winter preparedness. Councilmember Bogosian reported he would be attending a Santa Clara Valley Water District discussion regarding the sunset of the benefit assessment for the North Central Zone. City Manager Perlift stated he would be distributing a list of all City Council assignments and schedule of meetings in the future in anticipation of the Council reorganization. 12. ADJOURNMENT The meeting was adjourned at 8:15 p.m. to the nex~ meeting on November 18, 1998. Respectfully submitted, Minutes Clerk