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HomeMy WebLinkAbout11-18-1998 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, November 18, 1998 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting Closed Session - 6:45 p.m. in Administration Conference Room, 13777 Fruitvale Avenue, pursuant to Government Code Section 54956.9 for conference with legal counsel - eXisting litigation Name of case: San Francisco Baykeepers et aL v. Saratoga Mayor's Report on Closed Session - Mayor Wolfe reported that no actions were taken by the City Council in closed session. 7:30 - Pledge of Allegiance - Led by Councilmember Moran. 1. ROLLCAI,I, The meeting was called to order at 7:30 p.m. Council members present were: Bogosian, Jacobs, Moran, and Shaw, and Mayor Wolfe. 2. CEREMONIAL ITEMS A. Introduction of New Employee - Joan Smith, Administrative Services Department Due to illness, Ms. Smith was not present to be introduced to the Council. B. Presentation of Certificates for National Bell Ringing Roll of Honor Mayor Wolfe'reported that the City of Saratoga was involved with the tolling of the nadonal symbolic bell in its Fourth of July celebration, and that the City was honored to have that occasion take place. He presented a Certificate of Appreciation from the City to Mr. Jack Mallory, a former City Council member, who served as the bell ringer at the celebration. Mr. Mallory then presented the City with a National Bell Ringing Roll of Honor Certificate. 3. REPORT OF CITY C[ ,ERK ON POSTING OF AGENDA City Manager Perlin reported that pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on November 13. 4. COMMUNICATIONS FROM COMSHSSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS - None. B. COMMUNICATIONS FROM COMMISSIONS - None. C. VaLFITEN COMMUNICATIONS - None. 5. ' CONSENT CALENDAR A. Previously-Discussed Items B. New Items 1) Planning Commission Actions, 11/10- Note end file. 2) Approval of Check Register 3) Memo Authorizing Publicity for Upcoming Hearings - Weed Abatement; Citizens' Options for Public Safety (COPS) funding recommendations City Council Minutes 2 November 18, 1998 4) Hakone Foundation Financial Statements for Fiscal Year ended June 50, 1998 5) Resolution 98-36 adopting Modification to existing 457 Deferred Compensation Plan with NPC Group BOGOSIAN/MORAN MOVED TO APPROVE CONSENT CALENDAR ITEMS 5-B-1 THROUGH 5- B-5. PASSED 5,0. C. CLAIMS AGAINST TIlE CITY 1) Claimant: Stevens City Manager Perlin reported that this claim involved a person who allegedly tripped and fell at Argonaut Shopping Center, and that staff had recommended rejecting the claim and referring it to San Jose Water Company. MORAN/JACOBS MOVED TO REJECT THE CLAIM AND REFER IT TO SAN JOSE WATER COMPANY. PASSED 5-0. Mayor Wolfe moved the agenda to Item 6B. 6. B. 'Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None. 7. OLD BUSINESS - None. 8. NEW BUSlNESS- None. 9. ROUTINE MATTERS A. Approval ofMinutes - 10/27; 11/4 Councilmember Shaw amended page 5, item 6, second sentence of the October 27, 1998 minutes to read, "Councilmember Shaw suggested that the City Manager review responses on sensitive issues prepared by staff members before they go out." SHAW/MORAN MOVED TO APPROVE MINUTES OF OCTOBER 27, 1998 AS AMENDED. PASSED 5-0. BOGOSIAN/MORAN MOVED TO APPROVE MINUTES OF NOVEMBER 4, 1998, AS WRITTEN. PASSED 5-0. 10. CITY COUNCIL ITEMS A. Agenda items for next adjourned regular meeting - November 3, 1998, Election Results and Reorganization of City Council City Manager Perlin reported that the next meeting to be held on December 1, 1998, in the Adult Care Center of the Senior Center would be televised on Channel 6. He explained that the current City Council would open the meeting; that the City Clerk would report on the outcome of the November 3, 1998 election from the Registrar of Voters; and that a resolution certifying the results would be adopted. New Council members would be sworn in, and the Council would then elect a Mayor and Vice Mayor. B. Other i. Councilmember Bogosian reported he received an electronic mail dated November 9th from Marcia Fenis regarding the business hours of the 24-hour Nautilus Fitness Center on Cox Avenue. Mr. Pertin responded that he had just received a response and was in the process of replying to Ms. Fenis' correspondence. He conveyed that the permit was approved to operate 24 hours, seven days a week, and was issued before the City's ordinance was established. It was that particular business that prompted the City Council Minutes 3 November 18, 1998 adoption of the ordinance. He said that the business was opened seven days a week but curren~y not operating 24 hours on weekends. ii. Councilmember Bogosian referred to a memorandum dated November 2nd fi'om the Santa Clara County Public Health Department regarding a Request for Proposal (R.FP) for emergency medical services, and asked whether the City had staff addressing this issue. Mr. Pertin responded he had been following this matter very closely and he would ask Mr. Peter Gonda of the Public Safety Commission to monitor the issue. Mr. Perlin said he had received additional information and indicated this matter would be evolving over the next few months. Responding to a question fi~om Cotmcilmember Bogosian regarding whether representatives fi-om the City would be at meetings related to this issue, Mr. Perlin said that staff would continue to track the issue and attend meetings when appropriate. Councilmember Bogosian requested that staff provide the Council with updates, especially as it gets closer to when the RFP is due. Councilmember Moran concurred that the City should be on super-watch on this issue in a proactive way, and that the Council be kept apprised and contemplate what position it wants to take. Mr. Perlin noted that the City has unique circumstances because of its two fire districts, both of which have different jurisdictions. He said his goal was to try to assure that the City continues to receive high-quality services. Councilmember Bogosian expressed that one of his concerns is that the City has an ambulance garaged in downtown Saratoga, and the number one priority should be that the City wants to attain that level of service instead of having ambulance services ~om an adjoining city. Councilmember Moran noted that because the City is a harder-to-serve area, it is important that the Council not only receive information regarding this issue, but also assure that the City' s citizens receive the necessary services. iii. Councilmember Jacobs announced that Mr. Richard Drake, a former City Council member in the 1960's, passed away, and he expressed his and the Council' s condolences to Mr. Drake' s family. Councilmember Moran recalled that Mr. Drake was prominent in addressing the issue of sign pollution in Saratoga. iv. Councilmember Moran thanked staff for taking action on the issue of used car sales on Saratoga- Sunnyvale Road and major arterials. She reported that staff has been citing people to enforce the City' s ordinance prohibiting car sales on public streets. v. Councilmember Moran referred to a memorandum ~'om the City Attomey regarding whether or not the City has to comply with its own zoning regulations regarding buildings. Because of the City' s building projects underway, she requested that a copy of the memorandum be given to the new City Council members. vi. Mayor Wolfe raised the issue of compensation of City Council members which has not been evaluated by the Council since 1985. He reported that City Council members are compensated an expense allowance of $250 per momh. He noted that he had inquired at other cities who receive amounts based on the population of the city, and said that with Saratoga's population, the Council could be compensated more than $250, possibly up to $300-325 per month Mayor Wolfe asked the City Manager to study the feasibility of increasing the compensation of City Council members. A discussion ensued and Mr. Perlin noted that the Government Code allows Council members to receive a salary based on the population of the city. For the population range applicable to Saratoga, the Govemn:ent Code allows Council members to receive a salary of up to $300 month. The Council does not receive a salary, but receives expense reimbursement. He said that there was no limitation on the amount of expense City Council Minutes 4 November 18, 1998 reimbursement as long as the amount is authorized by adoption of an ordinance or resolution by the City Council. Mr. Perlin expressed that his recommendation would be that the Council increase the amount of the current allowance but stay within the allowance of the amount of salary. City Attomey Riback commented that any action on this issue taken by the City Council in the next couple of months would not become effective until the next election in two years. Mr. Perlin cited the ordinance pertaining to this issue which states that in addition to the $250 expense allowance, Council members can be reimbursed for necessary costs of travel, lodging and food for attendance of conferences, workshops, and seminars that are out of the area. Mayor Wolfe asked whether Council members could obtain an auto allowance in addition to a salary. Mr. Perlin responded that the Municipal Code spelled out the use of personal vehicles, and as long as there was a distinction between one being a salary and the other an expense, the Council could probably have both. Following further discussion, Councilmember Moran proposed deferring this issue to another time, and Mayor Wolfe recommended that the Council continue to consider this issue. 6. PUBLIC HEARINGS - 8 p.m. A. Proposed Formation of Underground Utility District Number 8 (Saratoga Avenue) between Fruitvale Avenue and Baroni Court (continued fore November 4) Mr. Perlin presented the details of the staff report. In response to questions from Councilmember Jacobs regarding funds for underground utility, Mr. Perlin stated that funds had been set aside and were available. Councilmember Jacobs urged the incoming Council to commence planning for further undergrounding as this was a project the current Council started three years ago and it had taken a long time to get to this point. Mr. Perlin and Acting Director of public Works Chethone responded to questions from Councilmembers Moran and Shaw regarding future targeted areas. Mr. Chethone noted that during the first public workshop regarding this issue, Ms. Amy-June Jorgensen did not appear, and she opted to stay out of the district, as did another representative from Barohi Court. Mayor Wolfe opened the public hearing at 8:18 p.m., and there was no one present who wished to speak. BOGOSIAN/lVIORAN MOVED TO CLOSE THE PUBLIC HEARING. PASSED 5-0. JACOBS/SHAW MOVED TO ADOPT RESOLUTION 98-09.1 FORMING UNDERGROUND UTILITY DISTRICT NO. 8 LOCATED ALONG SARATOGA AVENUE BETWEEN FRUITVALE AVENUE AND BARONI COURT. PASSED 5-0. Councilmember Moran thanked Councilmember Jacobs for his continued efforts and interest in getting underground facilities. 11. CITY MANAGER'S REPORT - None. 12. ADJOURNMENT Mayor Wolfe adjourned the meeting in memory of Mr. Richard Drake at 8:20 p.m. to the next meeting at · 7:00 p.m. on Tuesday, December 1, 1998, at Adult Care Center, 19655 Allendale Avenue. Respectfully submitted, Lynda Ramirez Jones Minutes Clerk