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HomeMy WebLinkAbout01-17-1996 City Council Minutes MINUTE8 SARATOGA CITY COUNCIL TIME: Wednesday, January 17, 1996 - 7:15 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting The following matter was considered in the Administration Conference Room, after which the Council proceeded to the Civic Theater. closed session: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Name of case: Bloxham v. Saratoga At 7:35 p.m. the meeting was reconvened into open session and Mayor Jacobs reported that no action was taken in the closed session. Pledge of Allegiance 1. ROLL CALL The meeting was called to order at 7:35 p.m. Councilmembers Burger, Moran, Wolfe and Mayor Jacobs were present. Councilmember Tucker was absent. Staff present: City Manager Peacock, City Attorney Riback, Associate Planner White. 2. CEREMONIAL ITEMS A. Resolutlon appointing Pierce and reappolntlngAbshire to the Planning Commission BURGER/MORAN TO APPROVE RESOLUTION 96-01 APPOINTING PIERCE AND REAPPOINTINGABGHIRE TO THE PLANNING COMMISSION. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. B. Administration of Oath of Office to above Mayor Jacobs administered the Oath of Office to the Planning Commissioners. C. Proclamation on Random Acts of Kindness Day Mayor Jacobs explained that Friday, February 16, 1996, was proclaimed as the second annual Random Acts of Kindness Day. Ms. Louise Webb accepted the proclamation. MORAN/WOLFE TO APPROVE THE PROCLAMATION. COUNCILMEMBER TUCKERABSENT. PASSED 4-0. D. Proclamation on Vletnamese Community Week Mayor Jacobs explained that Vietnamese Community Week would be held February 10 through February 18 in honor of the Vietnamese community in Saratoga. WOLFE/MORANTO APPROVE THE PROCLAMATION. COUNCILMEMBER TUCKERABSENT. PASSED 4-0. E. Resolution commending Meg Caldwe11 for service on Planning Commission Mayor Jacobs commended Meg Caldwell for her service on the Planning Commission since May 1990. Ms. Caldwell was not present. MORAN/WOLFE TO APPROVE THE RESOLUTION. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. 3. REPORT OP CITY CLERK ON POSTING OF AGENDA City Manager Peacock reported that pursuant to Government Code 54954.2, City Council Minutes Page 2 January 17, 1996 the agenda for this meeting was properly posted on January 12, 1996. 4. COMMUNICATION8 PROM COMMISSIONS AND THE PUBLIC A. ORAL COMMUNICATIONS !(limited to 15 minutes) Mr. Jeff Schwartz, San Marcos Road, Saratoga, stated that he had three issues to address. He stated that Mayor Jacobs signed the declaration on the ballot argument against Measure G, the neighborhood preservation initiative, which in part contains factually inaccurate information in the ballot statement. He pointed out that it states that in the last 24 years not one residentially zoned parcel has been converted to commercial use, yet only a week after Mayor Jacobs signed a declaration that he personally knew that to be true, a letter was transmitted citing a piece of land which was changed from residential to commercial in 1983. Mr. Schwartz suggested that those who signed the declaration correct the errors. Mr. Schwartz said it was his understanding that while council members can participate in an initiative or referendum election, it is illegal for city staff and equipment to be used for any services in connection with said event. Mr. Schwartz reported that allegedly city staff and equipment were used to send out letters on behalf of the five councilmembers who signed the.opposition argument to Measure G. He stated it was improper and the city should be reimbursed. Mr. Schwartz expressed concern that the City Attorney currently serves as both counsel to the city as counsel to the election official in charge of Measure G, and also serves as counsel to Mayor Jacobs and possibly the other councilmembers for signatories to the opposition argument. He said it is a conflict of interest and he felt the City of Saratoga should be represented by counsel who does not represent other clients whose interests would be divergent. Mr..Schwartz pointed out that there were some very strong ethical issues involved, and asked that the issue be reviewed and separate counsel handle the two matters. B. COMMUNICATIONS FROM COMMISSIONS - None C. WRITTEN COMMUNICATIONS 1) Request from Saratoga Fire District to have the City participate in Filing an OTS Grant to Install signal Preemptors at 12 Signalized Intersections in Saratoga BURGER/MORAN TO APPROVE PARTICIPATION IN GRANT APPLICATION. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. 2) Saratoga Community Parade Committee, requesting financial and other Support for 1996 Parade City Manager Peacock stated that $3,000 was budgeted in the 1996-97 budget to support the parade. He explained that the request for funds was $500 less than last year's request because the committee had a surplus of funds from fundraisers. Council member Wolfe commended the efforts of Warren Lampshire and the committee, and said it was an excellent and successful event for the community of Saratoga. Councilmember Moran noted that the committee had requested additional funds for the 40th birthday celebration in Wildwood Park and requested that the committee be notified that $3,000 was budgeted and the request for $500 was within the budgetr WOLFE/BURGER TO APPROVE FINANCIAL SUPPORT FOR 1996 PARADE. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. 5. CONSENT CALENDAR A. Previously-Discussed Items 1) Ordinance 71-159 decreasing speed from 45 to '40 mph on Saratoga Ave. from Fruitvale to Cox Ave. and increasing speed from 25 to 30 mph on Quito Road from Austin Way to near Buckhall Road and from Pollard Rd. to Allendale Ave. (second reading, waiving further reading, and adoption) City Council Minutes 3 January 17, 1996 2) Resolution 96-02 on Butler Appeal heard 1/3 BURGER/MORAN TO APPROVE ITEMS A1 AND A2 OF THE CONSENT CALENDAR. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. B. New Items 1) Planning Commission Actions, 1/10 - Note and file. 2) Heritage Preservation COmmiSSion Minutes, 11/12~ 12/19 - Note and file. 3) Parks and Recreation Commission Minutes, 11/6 - Note and file. 4) Budget Adjustment Resolution~95-30.08 5) city Financial Reports for December~ a) Treasurer,s Report - Receive and file. b) Investment Report - Receive and file. o) Financial Report - Receive and file. d) Approval of Check Register e) Quarterly Quarry Creek Trust Report 6) Annual Review of Investment Policy 7) Final Map Approval, Tract 8600, 8-1ot subdivision at 19855 Douglas.Lane (SDR 92-e08) Developer, Pfeiffer Ranch InvestoEs III, Inc. ~' 8) COmmiSSiOn Attendance Reports Councilmember Moran requested that Item B4 be removed from the Consent Calendar for discussion. MORAN/BURGER TO APPROVE ITEMS B1, B2, B3, AlqD B5 THROUGH B8 OF THE CONSENT CALENDAR. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. Councilmember Moran requested staff send a letter to Mr. Hand to explain the transfer of the ticket surcharge funds into the recreation fund. City Manager Peacock explained the categorization of funds. MORAN/WOLFE TO APPROVE ITEM B4 OF THE CONSENT CALENDAR. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. C. CLAIMS AGAINST THE CITY - None. Mayor Jacobs moved the agenda to Item 7A. 7. OLD BUSINESS A. Draft Tree Preservation Handbook Associate Planner White reviewed the background of the item as outlined in the attached staff report. He reported that the revised Draft Tree Protection Handbook was presented to the Planning Commission at the January study session at which time the Planning Commission forwarded a comment to the City Council requesting that the section beginning on Page 14 under the "Tree Preservation Plan" be retained in the final draft document. He noted that the section could be retained with the addition of introductory language. Mr. White stated that it was staff's recommendation to consider the Planning Commission request to retain the "Tree Preservation Plan" section, accept the draft revised document, and direct staff to prepare the final document for public distribution. In response to questions from councilmember Wolfe, Mr. White stated that the document would be available to the public at the public City Council Minutes [ 4 Januar~ 17, 1996 counter. He said he would wojk with the iocal media on an article to announce its availability. ~ Councilmember Moran confirmedithat staff and the Planning Commission were suggesting that the Tree[ Preservation Plan section be put back into the handbook after it was~made clear that it is not mandatory. She noted that the final three s~ntences on Pages 14 and Page 15 would still need to be deleted, andlsuggested careful proofing and further editing of the document because of the many changes made. She expressed appreciation for Mrs.~ Kurasch's contribution to the handbook. Mr. White said that reference.to the "approved plan" on Page 15 is a reference to the grading plan. He.concurred that the handbook would be edited where required, noting that as an informational document, staff had the ability to make'editorial changes. He stated that inclusion of the Tree Preservation Plan was simply a recommendation to people who are planning a development project that might perhaps impact trees. Councilmember Burger stated she did not object to the inclusion of the Tree Preservation Plan section. She recommended that "root zone" replace the phrase "protected .zone" anywhere it appears on Page 14 of the document. Councilmember Moran thanked Mr. White for his excellent work on the project over the years. She stated that the document is an excellent tool for people developing their property, remodeling, or who simply want to protect and preserve the trees, which in many cases are the most valuable aspects of the individual's property. Councilmember Wolfe concurred that the committee has worked hard in a dedicated manner on a topici which is the character of Saratoga physically. The trees are Saratoga's signature and to preserve and improve those are an indication of how sacred Saratogans hold their trees and how they work to continuously improve the "green canopy." He also commended Councilmembers Burger and Tucker on their work with the committee. WOLFE/MORAN TO APPROVE THE TREE PROTECTION HANDBOOK WITH SUGGESTED AMENDMENTS TO PAGE 14 AIqDADDITION OF MATERIAL ON PAGE 15 AS DISCUSSED. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. B. West Valley Hillside Joint Planning Review - Draft outline for "Hillside Preservation Strategy" City Manager Peacock noted for the record the letters received from Greenbelt Alliance and Harriet Gerson. Mr. White reviewed the background of the items as outlined on the attached staff report. He explained that 'staff has been working with staff representatives from the Cities of Monte Sereno and Cupertino, Town of LOs Gatos, and the dounty of S~nta Clara in an effort to develop a hillside preservation strategy for the unincorporated hillside areas adjacent to these foothill cities. Mr. White reviewed the six components of the draft outline as set forth in the staff report. Me stated that staff recommends review and comment, and to direct staff to continue working to develop the final strategy document. In response to a question from' Councilmember Burger, Mr. White stated he was not aware of what action the Town of Los Gatos took at their recent meeting. The City of Cupertino, and Santa Clara County have approved the document. Monte Sereno's meeting schedule was not known. Councilmember Burger stated that she met with representatives from the Sierra Club, Audubon Society, Greenbelt Alliance, and the Committee for Green Foothills, and they were pleased with the work to date by staffs of the cities and county, and were particularly interested in whether or not the concept of the limit on expansion of urban growth boundaries could be embraced. She said that it appeared from' the staff report that it was included as one of the strategies to "limit expansion of urban development into the hillside areas by developing long termurban City council Minutes 5 January 17, 1996 growth boundaries." BURGER/MORAN TO ACCEPT THE OUTLINE AND TO DIRECT STAFF TO PROCEED WITH THE WORK PROGRAM. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. At 8:07 p.m. Mayor Jacobs returned the agenda to Item 6. 6. PUBLIC HEARINGS A. Extension of Utility Users Tax at a recommended rate City Manager Peacock presented the staff report. He stated that the utility users tax ordinance requires an annual public hearing of City Council to review and determine whether or not the tax rate which was set by the original 1985 ordinance should be amended. He explained that the Utility Users Tax is a 3.5% tax on monthly PG&E bills for the purpose of raising revenues for the general governmental purposes of the City. Following a review of the staff report, Mr. Peacock stated it was staff's recommendation that the City Council continue the tax at the current rate of 3.5% for the 1996/97 fiscal year. City Attorney Riback explained that the City of Saratoga received a letter from the PacificLegal Foundation threatening litigation against the City with respect to the City's utility user tax ordinance if the City did not immediately cease collecting that tax and place the ordinance on the ballot for future election. Based upon the threat of litigation, Mr. Riback recommended that the Council open the public hearing for public testimony, and at the conclusion of the public testimony portion of the hearing, the Council close the public hearing and table the matter in order to give the Council the opportunity to discuss the threat of litigation in Closed session where it should be discussed as a potential litigation matter. Mayor Jacobs opened the public hearing at 8:12 p.m. As there was no one who wished to speak, the public hearing was closed. Mayor Jacobs summarized that the City Attorney's recommendation was that the Council take no action other than to table the item. MORAN/BURGER TO TABLE THE ITEM. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. City Attorney Riback clarified that the Council could hold closed session this evening on the matter because the matter arose after the posting of the agenda, and it is an urgent matter for City Council consideration. MORAN/BURGER TO APPROVE THAT THE COUNCIL GO TO CLOSED SESSION TO CONSIDER THE MATTER AT THE CLOSE OF THE OPEN SESSION. COUNCILMEMBER TUCKER ABSENT. PASSED 4-0. Mayor Jacobs moved the agenda to Item 8. 8. NEW BUSINESS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications - None Mayor Jacobs discussed the oral communications earlier in the meeting from Mr. Schwartz regarding items related to Measure G. He proposed that since the councilmembers had been in contact with counsel from the proponents of Measure G, and there is an issue regarding litigation on these items, the Council also go into closed session to discuss the legal questions that were raised by Mr. Schwartz. WOLFE/BURGER MOVED THAT COUNCIL HOLD CLOSED 8ES8ION FOR PURPOSES OF DISCUSSION OF MATTERS RELATING TO MEASURE G. Council member Moran requested clarification from City Attorney Riback on the appropriateness of holding closed session to discuss the above City Council Minutes 6 Januar~ 17, 1996 issue. Mr. Riback clarified that there was not an actual threat of litigation raised this evening and an actual threat of litigation is necessary in order to go into closed sessi6n for purposes of discussing the issues raised by Mr. Schwartz. Me ~mphasized that although there was some urgency in making a determination, it did not justify going into closed session this evening withouti the matter having been agendized in advance. He said there has been a threat of:litigation on another issue'made against the city and the elections official of the city council, but it was technically made prior to the posting of the agenda. Mayor Jacobs suggested withdrawing the motion and agendize a future closed session to discuss the issues raised by Mr. Schwartz. WOLFE WITHDRAW MOTION FOR CLOSED SESSION TO DISCUSS ~SSUE8 RAISED BY MR. SCHWARTZ. B. Memo Authorizing Publicity for Upcoming Hearings MORAN/BURGER TO APPROVE MEMO AUTHORIZING PUBLICITY FOR UPCOMING HEARINGS. COUNCILMEMBER TUCKER i~BSENT. PASSED 4-0. 9. ROUTINE MATTERS A. Approval of Minutes - 1/3 MORAN/BURGER TO APPROVE MINUTES OF THE JANUARY 3, 1996, MEETING A8 PRESENTED. COUNCILMEMBER TUCRERRSSENT. PASSED 4-0. 10. CITY COUNCIL ITEMS A. Agenda items for Joint meeting with Planning Commission on February 13 1) Parking in shopping centers 2) Sites for cellular phones Councilmember Moran noted that a topic to be included on future agenda was "Mow Is It Going?" relative to the Planning Commission's interaction with the Council. B. Other Following a discussion on a. feasible schedule for the Saturday, February 3 meeting, there was consensus to begin the meeting at 8:30 a.m., in the large conference room. 11. ADJOUPa~MENT WOLFE/MORAN TO ADJOURN AT 8:25 P.M. TO A CLOSED SESSION Upon reconvening to open session, Mayor Jacobs reported that no actions had been taken other than to continue the closed session items to January 22, 1996, at 12:00 noon. The meeting was adjourned to 12:00 noon on January 22 in the Administration Conference Room, then to 7:00 p.m. on January 23 in the same place. Respectfully submitted, Minutes Clerk