HomeMy WebLinkAbout12-07-1983 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
TI~: Wednesday, December 7, 1983 - 7:00 p.m.
PLACE: Civic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. POLL CALL - Councilmembers Clevenger, Fanelli, Mallory and Mayor Moyles
present at 7:02. Councilmember Callon present at 7:06.
B. MINUTES - 11/16 - Councilmember Mallory stated that he welcomed Don
Peterson, who was sworn in as a new Planning Commissioner on 11/16.
C~GER/FANELT.I MOVED TO APPPOVE MINIFfES. Passed 4-0.
II. ORAL COM~JNICATIUNS
Dr. I. J. B~_~e appeared to speak on the weed abatement proceedings. Mk~yor
Moyles explained that the matter was agendized for public hearing later on the
agenda, when Dr. Beebe would have an opportunity to speak.
III. CONSENT C~I,RNDAR
A. Resolution of Appropriation for Hakone Garden Topographic Map
Resolution 2073.5 -
B. Construction Acceptance, Tr. 6605, Springbrook Lane (M. Gera)
C. Final Building Site Approval, SDR 1546, Paseo Lado (H. Jameson)
D. Final Acceptance, SDR 1475, Saratoga Avenue (Glidden Development)
E. Approval of Change in Uniform Shirt Color for Park Maintenance Employees
F. Acceptance and Acknowledgment of Donation for Hakone Garden
G. Ap~boval of Warrant List
MALLORY/FANFLI,T MOVED APPROVAL OF CONSENT CAI,ENDAR. Passed .4-0.
A. ADMINISTRATIVE REPORTS
1. Report on Upcc~ing Commission Vacancies
CONSENSUS TO NOTICE VACANCIES AND CONDUCT INTERVIEWS AT STUDY SESSION 1/10.
2. Report from Finance Director on Water Purchase for Co~munity Garden
CONSENSUS TO TRANSFER PAYMENT OF BILL TO "SUPPORT FOR COF}~jNITY SERVICES" PROGRAM
SO THAT PAYMflqT WOULD BE MADE FPOM REVENUE SHARING FUND, ALONG WITH OTHER SUPPORT
FUNDS FOR COFi~NITY GARDEN, RATHER THAN FPOM GENERAL FUND.
3. Report from Finance Director on Results of City Equit~nent Sale
MOYLES/C~GER MOVED TO AUTHORIZE DISPOSAL OF ITS~S. Passed 5-0.
4. Presentation by Finance Director of Final Budget Document for 1983-84
City Manager explained that because of transportation difficulties the Finance
Director had not yet arrived. (Clerk's Note: At a later point in the meeting
he did arrive and the final budget documents were made available. )
2-12/7/83
5. Attendance Reports from Various Conmissions
Council reviewed reports and noted that Ed Gomersall had been absent more frequently
than most other conr~issioners in the last six nDnths. Maintenance Director explained
that he had been out of the country on several business trips. There was consensus
for the Mayor to check with Mr. Gomersall.
B. REPORTS FROM CO~jvfISSIONS AND CCt~F/'I'I'~iES
1. Report on Siting of Snack Shack at Congress Springs Park
City Manager and Maintenance Director explained issues, noting that the Parks and
Recreation Ccr~nission had approved fOLLr locations for the snack shack which would
not interfere with proposed tennis courts. Maintenance Di~"ector also stated that
Marie MacKay did not favor the two possible sites adjacent to her preferred site
because it would disrupt improvements end trees. Mayor Moyles said he felt disruption
of the area would be minimal; his concerns were with other issues such as sprinkler
· heads and condition of the turf.
CONSENSUS TO DIRECT A LETI'F.R TO SOCCER LEAGUE PRESIDENT WITH REPORT AND STATEMMV~
THAT THE AREAS PRk~'ERRED BY COFE4ISSION ARE ACCEPTABLE TO THE COUNCIL AND INVITATION
FOR LEAGUE TO COM~JNICATE FURTHtlR WITH COUNCIL IF THEY FEEI, IT NECESSARY.
Chuck Kaplan of the AYSO Soccer League made his presence known, and Mayor Moyles
reitereated Council ' s decision.
C. ORDINANCES AND RESOLUTIONS --
1. Resolution Appointing Members of Public Safety Con~nission
City Manager suggested the Conmission organize in January so that it would be opera-
tional in February. Councilmember Mallory expressed his pleasure at the Conraission's
being formed, although it had taken a rather long time. Mayor Moyles suggested that
the Conmission send the Council a proposed charter as their first order of business.
There was consensus to do so.
MALIDRY/CLEVENGER MOVED TO ADOPT RESOLUTION 2108. Passed 5-0.
2. Ordinance Amending Ordinance Imposing Sales and Use Tax to be
Administered by State Board of Equalization (first reading)
Mr. Toppel of the City Attorney's Office explained ordinance, which would have little
or no effect in Saratoga, but was required by the State to be adopted. City Manager
explained that ordinance must be adopted before end of year, so that Council needed
to have second reading 12/13 if 12/21 meeting was canceled.
FAN~I,I,Y/CLEVENGER MOVED ~0 READ ORDINANCE BY TITLE ONLY, WAIVING FJRTHER READING.
Passed 5-0.
FANELLI/CLEVENGER MOVED TO INTRODUCE ORDINANCE. Passed 5-0.
3. Ordinance on Storage of Hazardous Materials (first reading)
City Manager explained ordinance, and Mayor Moyles recognized the chiefs of the two
fire districts serving Saratoga.
ErrLie Kraule, Chief of the Saratoga Fire District, spoke in favor of the ordinance.
He stated it was a necessary ordinance, but because of its complexity the fire dis-
tricts could not control the paperwork. He felt that actions taken at the County
level should be transmitted to local agencies.
Douglas Sporleder, Chief of the Central Fire District; agreed and noted that such
procedures were written into the ordinance. He also comBsnted that the district
was not completely ready to handle the ordinance but was working on it.
City Manager noted that citizen volunteer Bert Toevs had been of great assistance
in review of the ordinance.
3-12/7/83
Councilmember Callon asked about exemptions for currently-operating gas stations
from the double containment provision. Chief Sperleder confirmed that such sta-
tions could satisfy the ordinance by installing monitoring systems costing ~erhaps
$1500. She then noted her concern that the ordinance was not agendized as a public
hearing, since it had been very controversial. Councilmember Fanelli agreed, parti-
cularly since small business could be required to spend significant amount of
money under the ordinance.
MALLORY/CLEV~qGER MOVED TO READ ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING.
Passed 5-0.
MAI,IDRY/MOYLES MOVED TO INTRODUCE ORDINANCE. Passed 5-0.
Councilmember Clevenger conmented that if the ordinance had been in effect when the
chemical fire on Canyon View Drive had taken place a couple of years ago, the City
could have prosecuted those responsible. She expressed concern that the section on
monitoring devices simply required that leaks be detected and not that they be
repaired, but she felt the ordinance's benefits outweighed its disadvantages.
Councilmember Callon asked that Mayor Moyles review the agenda ahead of time to
ensure that controversial items would be agendized as public hearings. Mayor Moyles
stated that he had done so but had felt this issue had been covered adequately in
the past. He invited councilmembers to inform him if they felt public hearings
were warranted on such matters. Since the hour of 8:00 had been reached, he then
proceeded to public hearings on the agenda.
V. PUBLIC HEARINGS
A. Revenue Options for the City of Saratoga
City Manager explained how various options for calculating business license tax had
been arrived at and recommended that first proposal using number of employees be
adopted. Mr. Toppel explained minor changes in new draft of business license ordi-
nance. Councilmember Callon noted that if a Consumer Price Index is utilized, it
should be one which excludes the housing component. Councilmembers then inquired
as to various issues which were unchanged from the previous ordinance. In answer
to Councilmember Fanelli, Mr. TOppel ~plied that there was no pro-rating of fees.
There was consensus to open discussion of all three revenue ordinances listed below
in one public hearing; the public hearing was opened at 8:38 p.m.
1. Ordinance Revising Business License Taxes (first reading; continued
from 11/16)
2. Ordinance Establishing Transient Occupancy Tax (second reading; continued
from 11/16)
3. Ordinance Establishing Utility Users Tax (first reading)
Charles Robbins, 19348 Monte Vista7 spoke as an individual in favor of the street
maintenance program. In particular, he supperted the utility users tax but felt
the City needed to inform the public further about it. He stated the Good Govern-
ment Group could have a report on the matter ready by February if the Council were
able to wait until then for their opinion.
Mr. McKenzie, representing a business on Big Basin Way, asked the amount of revenue
derived from sales tax, and City Manager replied it was $620,000 per year. Mr.
McKenzie favored increasing merchants' income to increase revenues from sales tax
rather than increasing the business license tax. He noted that the City had at one
tin~ issued permanent business licenses, but now required yearly renewal.
R.E. Kaufmar~, 20700 Fourth St., spoke as a long-time resident of Saratoga, urging
the City to act soon to take care of previously neglected problems.
Lanelle Borders, representing PG&E, requested that the Council not consider the
utility users tax until PG&E had had an opportunity to discuss the matter with
City staff.
Don Eagleston spoke representing the Village Merchants Association. He stated
that the association rejected the business license tax rate based on number of
4-12/7/83
employees. He suggested that businesses which do not contribute to the sales tax
should pay a slightly higher license tax. He believed that ba. sing t~e tax on number
of employees or revenues would be discriminatory, as well as causing red tape for
merchants and City staff. Mr. Eagleston stated the Village Association, consisting
of 170 merchants, ananimusly recon~ended a flat rate of $75-$100, which would raise
an amount of revenue equal to that raised by the tiered rate.
Steve Hall rose to speak representing the Saratoga Chamber of Conmerce, saying there
had been little response fr~n the general membership, but the Board of Directors had
discussed the issues. He supported the proposed alternate license tax, which would
raise about $90,000. Councilmember Fanelli asked whether the Chamber would consider
a rate fair which fixed a tax for 0-10 employees and then increased incrementally.
Mr. Hall stated that success of business could not be equated with number of employees,
and that Chamber's concern was with a rapidly rising rate. As to monitoring, he
felt it would be no problem with whatever system was used because the City would
be unable to conduct monitoring in any case. The Chamber, he said, consisted
of 250 businesses. As to the utility users tax, he opposed it because it was too
easy a way to tax the citizens without a vote.
Mr. Eagleston rose again to say he had not seen any publicity on the proposed
untility users tax in the public hearings section of the newspaper. He could not
commit the Village Association, but he felt they would favor the attempt to tax
the citizens rather than impose another tax on businesses.
Mr. McKenzie rose again to say .that wear and tear on the streets should not be a
factor in setting the business license tax because the property owners had already
paid for the parking districts through assessments.
City Manager reviewed various means of handling the business license tax, since
licenses would expire December 31. Mr. Toppel expanded on the possibilities, and
Council discussed the matter. There was consensus to delay a final decision on
the business license tax until further public input could be obtained, although
Councilmember Mallory preferred to take action sooner, without another public hearing.
Mayor Moyles suggested that a noticed public hearing on all three proposed tax items
be held at the January 4 meeting, with the notice re-worded to take it clear that
a raise in taxes was being considered.
CLEVENGER/MOYLES MOVED TO CONTINUE PUBLIC HEARING TO 1/4. Passed 4-1 (Mallory
opposed) .
Councilmembers gave their individual opinions on revenue options. Councilmember
Clevenger expressed concern for residents on limited incomes having to pay utility users
tax. She felt the State would eventually provide means to maintain local streets, so
the ordinance should provide for that possibility. Mayor Moyles felt the main ques-
tion was whether it was appropriate to levy a tax without voter approval. In light of
the $800,000 needed yearly for street maintenance, he felt it was Council's respon-
sibility to do so. He wished to develop an equitable package which would spread the
burden fairly. He favored the 8% hotel tax and an increased flat-rate business
license tax. He opposed an automatic increase in the latter. He felt sale of
City lands should be considered at a later date. He believed the utility user tax
could be made equitable by consideration of the tiered lifeline rates. Councilme~
ber Callon questioned the inmediacy of the need for street maintenance revenues, not-
ing in previous years allocated monies have not been con~letely spent. The busi-
ness license tax should be significantly increased, and either flat rate or tiered
rate by number of employees could be fairly equitable, she felt. She favored the
hotel tax but was disturbed by the utility tax, which she believed the voters did
not want. She preferred to consider the sale of surplus lands and the possi-
bility of investing the proceeds 'to provide road maintenance funds. Councilmember
Fanelli believed there was a need to consider all three taxes to generate road main-
tenance funds, as well as sale of surplus lands. She felt the business license tax
should reflect the input of the business cormunity. She favored the hotel tax but
expressed concern about the magnitude of the utility users tax, pointing out that
rate CQmparisons with other cities might be misleading because large businesses pay
a larger percentage of the total in other cities. She cautioned the Council against
producing more revenues than were actually needed. Councilmember Fanelli also
5-12/7/83
expressed-the hope that greater coverage would be given these issues in the news-
papers, particularly the utility users tax. Councilmember Mallory stated that
the Council had the responsibility to make the decisions rather than the resi-
dents where these taxes were concerned. He favored the hotel tax, a business
license tax based on number of employees, and a utility users tax. He expressed
concern that if the roads program wore not put into effect the future financial
burden ~Duld be increased geometrically.
The Council recessed from 9:46 to 10:09 p.m.
Councilmember Mallory suggested that the Council take some action, such as passing
a resolution, to indicate that the money collected from the new taxes would be
used for pavement managen~nt. It was noted that the Council is not empowered to
pass tax ordinances unless the revenues go to the General Fund. Mr. Toppel sug-
gested a resolution could be passed directing allocation of City monies received
from all sources to establish a pave~nent management program for a certain amount of
money. There was no consensus to do so, but Mayor Moyles suggested that Council-
member Mallory might wish to discuss and refine the idea with the City Manager and
City Attorney for later consideration.
B. Ordinance Allowing Second Units as Conditional Uses for Certain Lots in the
R-1-40,000 District (GF-344) (first reading)
Assistant Planner Flores explained ordinance and answered councilmembers' questions.
City Manager noted that Housing Element must be adopted by 7/1/84 and expressed concern
about the ordinance with respect to the Housing Element and ABAG housing requirements.
He said it did not take account of illegal second units an~] suggested it be
agendized again after the holidays. The public hearing was opened at 10:24 p.m.
Charles Robbins, 19348 Monte. Vista, spoke as President of the Good Government Group.
Saying his statement was the pQsition of the Board of Directors, he said they
supported the ordinance except that they preferred a 640-square-foct minimum size.
Andy Beverett, 19597 Via Monte, spoke against the ordinance because it may circumvent
State law; it is woak and does not address the need for second units in Saratoga.
He suggested appointing a con~mittee to collect mere input on the matter.
R. E. Kaufmann, 20700 Fourth St., spoke against the ordinance, listing several
areas in which it provided no control. He feared it would lead to unregulated
planned unit development situation, particularly since the degree of need was unknown.
Bill Murphy, 12150 Saraglen Drive, spoke as a representative of the Saratoga-Los
Gatos Board of Realtors, saying they favored second units but not the proposed
ordinance. He felt the ordinance allowed too few units to be built; he believed
second units might be a good source of housing to fulfill the requirenBnts of
Association of Bay Area Governments.
Bill Notz, 18276 Purdue, believed that the issue of control of second units needed
to be addressed, since second units would not be appropriate throughout the City.
Otherwise he felt the ordinance was acceptable, although second units could be
allowed on smaller lots.
Louise Cooper, 22701 Mt. Eden Road, spoke as Legislative and Housing Chairman for
the Saratoga Area Senior Coordinating Council. She felt the ordinance was too
restrictive, but she believed it would assist in maintaining open space in Saratoga.
Jessie McGuire, 15350 Westview Court, expressed concern that the ordinance could
adversely affect property values; she felt it should be more restrictive.
Mildred Gordon, Blauer Drive, spoke as President of the Saratoga Area Senior
Coordinating Council. She believed the ordinance was uDrealistic and would not
provide enough more housing. She expressed willingness to cooperate if the
Council wished to set the item for a study session.
Mr. McKenzie, Vessing Road, felt the ordinance was a good idea but difficult to
control. He asked whether a single detached unit built before Saratoga was incor-
porated would be illegal. Mr. Toppel stated that the present ordinance prohibits'
second units with kitchens, so it would fall under the non-conforming provisions.
Carol Machol, Rome Way, explained the work which had been done by the participants
~6=12/~/83
in the General Plan process. The work resulted in rec0nmendations that rental units
be confined essentially to the Village and Quito areas. She feared that second units
might change the character of R-1 zoning throughout the City.
.~..._Margaret RUssell, 12776 Saratoga Glen Place, spoke as a member of the General Plan
Citizens Advisory Conmittee. She believed that the ordinance as proposed by the
Planning Con~lssion was more compatible with what the citizens mandated as part
of their , conmUnity.
Peggy Corr, 19224 DeHavilland, felt the ordinance would help in meeting a real need
for mere housing without changing the nature of the community. As to property values,
she felt a second unit would add to the value of a property.
Be~c Toevs, 13120 Via Madronas Drive, urged the Council not to approve the ordinance
as proposed. He felt it was too restrictive and did not meet future housing require-
meats of the conn~unity.
Bill Notz rose again to ask whether it were legal to restrict use of second units to
senior citizens. Mr. Toppel said he would not reccemend it, although sc~e cities
have done so.
Dick Drake, 20509 Cordon Court, stated that the ordinance was unacceptable because
it was unenforceable and would not accomplish its purpose.
R. E. Kaufmann rose again to bring up the question of controlling second units when
the property has passed out of the hands of those who needed to build the units.
No one further appearing to speak, the public hearing was closed at 11:02 p.m.
Councilmembers-discussed issues, including whe~/~r' the proposed ordinance was too
restrictive; impact of lot size and other factors on number of lots eligible for
second units; enforcement; extent of need for second units in Saratoga; possibility
of considering ABAG requirements, Housing Element, and second unit issue together
for study; use of quotas to limit proliferation of second units; renewal of use
permit upon change of title; and, in the case of Councilmembers Clevenger and Mallory,
support for the ordinance as recommended by the PlanruLing Conmxission. Councilmember
Callon suggested scheduling a study session for the issue.
CONSEIqSUS TO DISCUSS AT STUDY SESSION 1/24 WITH STAFF ANALYSIS OF IMPACT ON CITY OF
ALLOWING SECOND UNITS ON SM~I.LER LOTS; FURTHER INFORMATION ON LEGALITY OF EXISTING
UNITS AND THEIR NUMBER; IMPACT OF ALLOWING ONLY UNITS WITH COD{vftN
C. Consideration of Any .Protests or Objections Before Adoption of Resolution
Ordering Abatement of a Public Nuisance by Renoval of Hazardous Weeds
City Manager explained process. The public hearing was opened at 11:24 p.m.
Dr. I. J. Beebe of LOs Gatos made a number of con~ents on philosophical, educational,
political, and logistical matters. He then expressed a lack of understanding of the
notice requiring weed abatement which had been mailed to him by the County. City
Manage explained the process and suggested that Dr. Beebe contact City offices if
further explanation was required.
Mr. McKenzie, Vessing Road, expressed no objection t(j the ordinance but noted that
some damage had been done to'his property by the County weed abatement contractor.
He requested that a bend be posted so that the contractor would be responsible for
damage.
George Overby spoke on behalf of the County Building Inspection Office. He stated
that there was a place on the notification card to advise the office of any areas to
be avoided. City Attorney suggested the property owner might parsue a normal claim
~rocedure with the County. Mr. Overby explained further the timing of charges for
any necessary spraying. He also noted that he had received the complajant letter from
Mr. Teresi and explained that the County had authorized spraying his property because
Mr. Teresi's spraying had not abated the weeds. No one further appearing to .speak,
the public hearing was closed at 11:43 p.m.
CALLON/FANEr.I.I MOVED TO ADOPT RESOLUTION 2109. Passed 5-0.
Mayor Moyles then proceeded to items preceding public hearing on the agenda.
7-12/7/83
C. ORDINANCES AND RESOLUTIONS (continued)
4. Ordinance Providing for Open House Signs in Residential Zoning
Districts on a Permanent Basis (second reading)
CLEIFt~GER/MALLORY MOVED TO READ ORDINANCE BY TITLE ONLY, WAIVING FUMFHER READING.
Passed 5-0.
MOYLES/CALLON MOVED TO ADOPT ORDINANCE NS 3.48.1. Passed 5-0.
D. BIDS AND CONTRACTS
1. Award of Contract - Furnish and Install Underground Fuel Tank
In response to Councilmember Callon, City Manager stated that fuel tank complied
with hazardous materials storage ordinance, which was to be adopted this month,
in that it included monitoring devices for leaks. It did not provide for double
containment, he said, which was not required since the bid went out before the
ordinance was to go into effect. He stated that a change order could be prepared
to provide for double containment for an additional $3650, which muld still be
within the amount budgeted for the project.
MOYLES/CALLON MOVED TO AWARD CGNTRACT TO I~[~,T.TO PETROI_~mUM ]Rq THE iB24OUNT OF $6,326
WITH AN ADDITIONAL AMOUNT OF $3650 ADDED FOR A CH~qGE ORDER TO PROVIDE FOR
DOUBLE CONTAINMENT OF THE TANK. Passed 5-0.
Mayor Moyles then proceeded. to items following public hearings on the agenda.
VI. NEW BUSINESS
A. Discussion of Oral ConmuniCations, if any.- None.
B. Written Contaunications from Public
#1 from R. Spelce expressing thanks for Fire Department action noted and filed.
#2 from Mr. and Mrs. C. Roberts requesting clearing of creek referred to staff
for budget consideration in the subsequent year.
#3 from Mr. and Mrs. J. LaScola requesting proclamation on Saratoga Celebrates Mar- riage Day; scheduled as resolution 1/4. Mr. LaScola expressed his appreciation.
#4 from J. Korelitz requesting stop sign on Saraview Dr. referred to staff.
Commmity Development Director brought up a letter from Roberta L. Bernstein,
14015 Short Hill Ct., requesting covering of "no parking" signs on her block 12/15
from 9:30 a.m. to 12:30 p.m., for a meeting of the Argonaut School Booster Club.
He recon~nended approval.
MOYLES/MALLORY MOVED TO APPROVE ~S. BEMqSTEIN'S REQUEST. Passed 5-0.
C. New Business from Councilmembers
Callon - brought up schedule of meetings with David Jones. There was consensus
to hold the meetings in January on the proposed dates.
Mallory - reported on upcoming meetings. He also asked if there were interest
in a study session on the traffic safety report. Moyles suggested that it be
referred to the Public Safety Conmission. Mallory also inquired about the
Co~,~nity Service Officer and appeal fee issues. City Manager stated the CSO's
should start in January, and the appeal fee issue was scheduled for 12/13 meeting.
Clevenger stated resident had complained about debris going down sewers; City
Manager explained procedures and stated staff could contact resident if desired.
She then brought up the intersection of Saratoga and Fruitvale Avenues, sug-
gesting that it might be helpful to allow no turn on red onto Saratoa. Com-
munity Developn~nt Director explained that that would probably not be practical,
but that after the death of a bicyclist at the intersection staff had requested
accident information from the State, which would be reviewed and analyzed.
D. New Business from Staff, Administrative Repcrts not Scheduled
City Manager requested that Council officially accept a gift of $500 which had
8-~2/7/83'
been donated for purchase of a refrigerator for staff. Councilmember Callon
c~nu~nted that she would have preferred a donation of a used refrigerator rather
than the $500.
MALLORY/MOYLES MOVED TO ACCEPT DGNATION OF $500. Passed 5-0.
VII. ADJOLTRNMENT
MALLORY/MOYLES MOVED AT 12:06 A.M. TO ADJOURN TO ADJOURNED REGLFiAR M~TING ON
DECEMBER 13 IN MEFORY OF DAN BARRY. Passed 5-0.
Respectfully submitted,
Grace E. Cory
Deputy City Clerk