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HomeMy WebLinkAbout11-16-1983 City Council Minutes ~S SARATOGA CITY COUNCIL TIME: Wednesday, November 16, 1983 - 7:00 p.m. PLACE: Civic Theater, 13777 Fruitvale Avenue TYPE: Regular Meeting CLOSED SESSION - Litigation - 6:00-7:00 p.m. Conmunity Center Senior LOUnge, 19655 Allendale Avenue REGULAR I. ORGANIZATION A. ROLL CALL - COuncilmembers Clevenger, Fanelli, Mallory and Mayor Meyles present at 7:23 p.m. CounciLmenh~r Callon absent. B. MINUTES - 11/2 FANELLI/MALLORY MDVED TO APPROVE WiTH AMEbDMENT ON PAGE 2 TO REMOVE IMPLICATION THAT COUNCIL MAJORITY FAVORED P~TERSON'S APROINTMEbY? AS PLANNING COMMISSIONER 'EVEN WIThDUT COUNTING'-I?2DUNCIL~'}4RRR CALLON'S_VOTE FOR HIM. Passed 4-0. SWEAR/NG-IN OF DON PWI'~:RSON AS PLANNI~]G COM~ISSICAVER Mayor Meyles administered the Oath of Office for a term ending January 1985 .and "Welcomed Mr. Petersen, las did CoUncilmembers Fanelli and Clevenger. II. ORAL COFIv~JNICATIONS III. CONSENT CAT,E3~DAR A. Authorization of "Great Saratoga to LOs Gatos Race," 1/8/84 B. Resolution Peversing Decision of Planning Cormlission and Approving One-Year Extension for SDR 1508 and Modification of SDR 1508 adz] Design Review A-793 (Appeal of M. Oudewaal heard 11/2/83) (Resolution No. 2105) C. Resolution Reversing Decision of Planning Culudssion and Denying Use Pexmit UP 543 for Banking Facility at 14417 Big Basin Way (Appeal of Saratoga Village Association heard 11/2/83) (Resolution No. 2106) D. Treasurer ' s ~port - october E. Approval of Warrant List FANt~,LI/_~RY MOVED APPROVAL OF EIMTIRE CONSENT CALENDAR. Passed 4-0. A. ADM/lqISTRATIVE REPORTS 1. Report from City Manager's Office on Seven Springs Fire Station in Cupertino (for information only; no action required) City M3na~r' gave report and stated he.'w6uld'keep the CounCiL 'in_f0r~e~_ as the project 2. Report on Proposed Closure of Stelling Road North of Prospect in " Cupertino (for information only; no action required) City Manager gave report. CeUncilmeF_~ers discussed the degree of 'involvement in Cupertino's traffic flo~'d6cisions tha~= would be appropriate; posS~]~l~'fack ~_~tanc~'6f p~o~0~d Soi{~foH by Cupere'in6' re%idents affecta'; 'p6s'sibi~ 'belief' On '%lh~ ~ 6f C_u~ertinb that 'Saratoga residents are cause of traffic problem. It wa~ decided that a Saratoga staff member should be present at Cupertino's 11/21 meeting in order to request information, but not to make demands on behalf of Saratoga. B. REPORTS FROM COb~LISSIONS AND COMMiTi'~S - None. 2-il/i6/83 C. ORDINANCES AND RESOLUTIONS 1. Resolution Opposing General Plan Amendment for County Hillside Areas MDYLES/FANEJ,LI t. DVED TO ADOPT RESOLUTION NO. 2107. Passed 4-0. ~yor Moyles asked that the City Manager draft a cover letter forwarding the resolu- tion to the County, with a copy to Nancy Alexander, who had brought the matter to b/s attention. D. BIDS AND CONTRACTS 1. Contract for Conditional Sale Agreement for Purchase of E1 Quito Park City Manager explained agreemet, noting that it called for normal processing of the tentative map for development and that no general fund monies were involved. In res- ponse to Councilmember Mallory, he said that no additional operating costs would coma akout as a result of the agreement. He answered further financial and technical ques- tions from Councilmembers Fanelli and Mallory. Councilmember Fanelli expressed par- ticular concern about the seven months allowed for tentative map processing, fearing that was an tunrealistically short period which might jeopardize the agreement. Council- member Clevenger pointed out that there were provisions for extension of the processing and that the City had already expended $250,000 on the park. She felt the agreenent was the best.op_~ortunity to realize the City's investment. Mayor Moyles noted that the agreement mat all the r~uirements worked out by h/m and Councilmember Mallory except for the 7~month processing period; he was willing to take the risk ths. t the processing would not he con!Dlete within that period. Councilmember Clevenger moved to endorse the agreement. Councilmember Mallory secoIx]ed the motion, and Councilmember Fanelli asked that a clause he added to the motion saying that the City will not expend money on future develo~ument of the other portion until we know that the sale is permanent. The maker anj seconder of the motion agreed.and the motion was amended as shown below. CLEVENGER/MALLORY MOVED TO ENDORSE AGREEMENT AS WORKED OUT BY CITY ATTORNEY, WITH THE PROVISION THAT THE CITY WT~,I, EXPEND NO MONEY ON FUTURE DEVELOPMENT OF THE OTHER PORTION UNTIL THE SALE IS CERTAIlq. Passed 4-0. V. PUBLIC HEARING Mayor Moyles opened the public hearings on both itens A and B at 8:11 so that input and discussion could take place on both ordinances at the same time. City Manager suhnitted a letter from the Chamber of Con~nerce supporting a flat business license tax. A. Consideration of Ordinance Revising Business License Taxes (first reading; ' continued from 11/2) B. Consideration of Ordinance Establishing Transient Occupancy Tax (first reading; continued fDom 11/2) Don Eagleston, 14669 Big Basin Way, spoke representing the Saratoga Village Association. He asked how the additional charge per employee was calculated, and Finance Director explained the procedure. Mr. Eagleston suggested that the citizens of Saratoga at large he asked to finance City programs through taxes rather than the marchants carrying the entire burden. He then pointed out various sections of the ordinance requiring further definition or explanation. While supporting a flat business tax rate, he was not able to specify a figure which would result in collecting the same amount of revenue as the proposed fee based on number of employees. As to the proposed transient occupancy tax, he feared it would discourage motels in Saratoga; he also stated that the owner of the only nDtel currently in Saratoga had not been notified of the proposed ordinance and felt that the paper~Drk could require additional personnel. No one further appearing to speak, the public hearing was closed at 8:34 p.m. Fir. Toppel of the City Attorney's Office clarified that both ordinances would go into effective ~iately after the second reading. He also conmented that most of the ambiguities pointed out by Fir. Eagleston were in sections of the 'business license ordi- -nance currently in effect and were thus not changes or additions. City b~lnager added that the intent of the proposed ordinance was to raise tax revenue and not to change regulatory provisions of the ordinance. Councilme/nher Fanelli stated that as a philo- sophical matter she would like it to he clear that the revenue raised was to be used for road maintenance if that were indeed the case. M_ALLORY/CLEVE~GER MOVED TO IlqTRODUCE ORDINANCE ESTABLISHING TRANSIENT OCCUPANCY TAX BY TITLE ONLY, WA/VING FLIRTHER READING. Passed 4-0. 3-11/16/83 Mayor Moyles stated that althDugh the City must oroceed in accordance with the restrictions of Proposition 13, the revenues to be raised ought to be dedicated to street use. Councilmembers Clevenger and .Mallory pointed out that in the future it might be necessary to place a tax on residents as well as businessparsons in Saratoga. Councilmember Fanelli expressed the hope that Mrs. Hernandez of the Saratoga ~btel might express her views at the second reading of the ordinance. MALIJDRY/~GER MOVED TO ]IFRODUCE THE ORDINANCE AS READ BY TITLE ONLY. Passed 4-0. Councilme_tuber Fanelli inquired as to the status of realtors under the proposed business license ordinance. Mr. Toppel felt they would be considered as independent contractors, and each would be. required to pay a license fee individually. William Murphy, 12150 Saraglen, spoke as a realtor, stating that in some offices realtors were employees, but in most they were independent contractors. Councilmember Fanelli then suggested providing for a mininnln yearly increase in the business license tax, since the cost of living increase in the Bay Area was currently less than 2%. She also suggested that the Council meet with representa- tives of the Chamber of Conlreree and the Village Merchants Association to take their concerns about the proposed fee schedule into consideration. Mayor Moyles supported the flat rate, although he considered progressive taxes generally preferable to regressive taxes. He felt the ~loyee-based tax would be difficult to enforce and invite people to violate it. Councilmember Clevenger felt there were disadvantages with the flat rate and wished to discuss the issue theroughly at the next meeting. She also toted that her residence was regularly visited by solicitors who did net seem to have licenses. City Manager stated that the current ]provision requiring license for such peddlers was indeed enforced. Councilmember Mallory noted that the Chamber of Conm~rce did net object to a raise in the fee, but only to the proposed scale. He believed that the scale was fair because it discriminated on morally sound grounds. Council discussed necessity of paragraph specifying automatic increase. It was decided tb~t the City Attorney would re-write the paragraph so that the increase was automatic unless rescirded by the Council, and the Council would discuss the issue further at the next meeting after further testimDny. City Manager conlnented that he and the Finance Director felt that the additional work in administering a scaled tax rather than a flat tax would not strain staff at all. CONStl~SUS TO CONTINUE DISCUSSION OF BCFH ORDINANCES AT A NOTICEV PUBLIC HEARING ON REVENUE OPTIONS 12/7. C. Ordinance Providing'for Open HouseSigns in Residential Zoning Districts on a Permanent Basis (first reading) The public hearing was opened at 9:06 p.m. William Murphy rose again representing the Saratoga-los Gatos Board of Realtors. He stated the realtors favored the ordinance and were willing to continue to police the placing of open house signs as in the past. In response to Councilmember Mallory, he said that realtors would continue to enforce it because they are concerned about their image in the conmnlnity. (Clerk's note:. Councilmember Clevenger excused herself and left the meeting temporarily during this discussion. ) No one further appearing to speak, the public hearing was closed at 9:10 p.m. MAIIDRY/FANRLLI MOVED TO APPROVE THE NEGATIVE DECLARATION. Passed 3-0. MALLORY/FANELLI ~DVED TO READ ORDINANCE PROVIDING FOR OPEN HOUSE SIGNS IN RESIDENTIAL ZONING DISTRICTS BY TITLE ONLY, WAIVING FURTHER READING. Passed 3-0. MALIDRY/FANRI.T.I MOVED TO INTRODUCE ORDINANCE AS READ BY TITLE ONLY. Passed 3-0. VI. NEW BUSINESS A. Discussion of Oral Conraunications, if any - None. B. Written Communications from Public 4-!~/16/83 #1 from J. Melino requesting continuance of Heil appeal to study session 1/10 ana regular meeting 1/18 - Request granted. #2 from M. MacKay regarding request for site approval for snack shack at Congress Springs Park - Sally Price, Chair of the Parks and-Recreation Co~ssion stated that the Cc~Lission would agendize the site approval ana the question of the condi- tion of the park for its 12/5 meeting and would have a report for the Council on the site approval 12/7. #3 from D. Peterson resigning from Finance Committee accepted. As to upcondng vacancies, it was decided to agendize the subject for the 12/7 Feeting, when a full Council would presumably he present. #4 frc~ Wild~xx~ Heights Hears ASsociation - noted and filed. Staff directed to respond that issue had been discussed at site approval. #5 from G. ~bstyn concerning hazardous substances storage ordinance - City Manager directed to reply. #6 from D. Herty concerning unimproved strip adjacent to Quito School - to be referred to ombuds~an; City Manager to report on results of efforts. #7 from R. Morgan t~nking Council for Measure A support - noted and filed. Mayor Meyles noted that the measure had received 57% of the vote, a significant number although not sufficient to pass the mesare. #8 from C. Robbins requesting waiver of fees for Good Government Group reception 12/4 - consensus to waive fees this year for this event. Councilmember Mallory expressed doubt about ~ waiving fees for a pelitichl group having a social affair, and Council- ' member Clevenger suggested that the Council may went to review the waiver if it were requested in, future years. (Clerk's note: Councilmember Clevenger returned to the meeting at 9:30 p.m. during discussion of this item.) C. New Business from Councilmembers Fanelli brought up need for the Council to make sure speed laws are enforced, especially in certain areas. City Manager stated that enforcement of speed laws in the high school area would be incorporated in the Sheriff' s report on enforcement. She mentioned she planned to attend the seminar being given on local gevermTent financing on December 9. City Manager stated the city managers in the County were preparing a presentation for the seminar. Mayor Moyles said he planned to attend and requested that staff prepare data. Fanelli inquired as to whether City had available a League bDoklet on money-saving · ideas, and City Manager replied that staff had the information. Mallory suggested that Council review traffic safety report at study session; CleVenger agreed. Fanelli suggested discussing it at regular meeting. Moyles stated he would like to think about how to agemaize the matter and would get hack to staff and Council soon. Mallory irquired about the appeal fee issue, and City Manager stated it was scheduled for study session 12/13. Clevenger reported on HCD Cu~l~ttee and requested that Council send letter to County on Saratoga Court issue. Consensus to send County letter reeenvaending that $70,000 of federal funds be allocated for purchase of Saratoga Court. As a '=result of attending a Planning Con~Lission meeting, she also re.sorted that rare coordination needs to take place so that the Planning Con~Lission has an opportunity to attend events such as the recent tour of the hillsides with the EVergreen Resources District. Clevenger then reported on recent public. hearing on Highway 85. Mayor Moyles requested that she keep Council informed as to develoEments on the highway. Clevenger noted that little public input had been received on Highway 85 and suggested that City hold public bearing. Fenelli and Moyles agreed, and Moyles asked that staff have s~mm~3i~y of. area plan com- ments, which had been extensive, for that hearing. ' ....... D. New Business from Staff, Administrative Reports not Scheduled · City Manager requested authorization to e~pend $4500 for topographical map for Hakone ' Gardens, which wo~d be helpful in the develol~nent of a master pleng funds could come from park develot~ment fees. Mayor Moyles asked whether the Parks and Recreation Com- mission should be asked about use of the fees. City Manager stated be believed the Cc~ssion would not object, and that it was necessary to have the map prepared by Decemker 15. FANELLI/MALLORY MOVED TO ~ $4500 FOR PREPARATION OF TOPOGRAPHICAL MAP FOR HAKONE GARDENS. Passed 4-0. 5-11/16/83 City Manager submitted a further petition from .Mrs. MacKay which expressed concern about the condition of Congress Springs Park. Mayor Moyles directed that the petition be passed to the Parks and Recreation Conmission, since they had agendized the matter. City Manager then brought up the question of a joint meeting withthe Planning Com- mission to discuss Quito residents' request for input on development of site at CQx and Saratoga. CONSENSUS TO HOlD JOINT M~"i'ING WITH PLANNING CO~IMISSION TO DISCUSS DEVEIDPMIINT OF COX/SARATOGA SITE WITH DEVELOPER AND RESIDENTS. City Manager suggested Council adjourn, 11/22 study session to 12/6 joint meeting. Con',nunity Development Director relayed invitation of Planning COnmission t6 Council and spouses for holiday activity at 6:30 on 12/3. VII. ADJOE The meeting was adjourned to ciosed session on litigationmatters at 9:58 p.m. Respectfully suhnitted, Grace E. Cory Deputy City Clerk