HomeMy WebLinkAbout01-04-1984 City Council Minutes M/NOTES
SARATOGA CITY COUNCIL
TIME: Wednesday, January 4, 1984 - 7:00 p.m.
PLACE: Cj.vic Theater, 13777 Fruitvale Avenue
TYPE: Regular Meeting
I. ORGANIZATION
A. ~OLL CALL - Councilmembers Clevenger, Fanelli, Mallory and Mayor Meyles
present at 7:04 p.m.; Councilmember Callon present at 8:00.
B. M/lqUTES - 12/7; 12/13
Councilmember Clevanger pointed out that on p. 5 of the 12/7 minutes the date the
Housing Element must he adopted is 7/1/84 rather than 1/1/84.
FANT~I,I/CI,EVENGER MOVED TO ADOPT 12/7 MINUTES AS AMENDED. Passed 4-0.
FANF~LI/MALLORY MDVED TO ADOPT 12/13 ~S AS SUBM1Ti'EU. Passed 4-0.
SWEARING-IN OF NEWLY-APPOII~T~]3 PUBLIC S~'~I'f COb~IISSIONERS
Mayor Meyles swore in Nancy Carney, Francis Lewis, Joseph LDng, Robert Mulford
and Gretchen Nowby in accordance with Resolution 2108. Councilmembems cengra-
tulated the now cc~issioners.
IIi ORAL CObggJNICATIONS
No one appeared to speak.
III. CONSENT CALRNDAR
A. Denial of Claim - Western Land Bank
B. Acceptance and Ackrnwledement of DOnation for Hakone
C. Final Building Site Approval~ SDR 1555, G. Geranios, Afton Avenue
D. Resolution Concerning Marriage Day
(RESOILTION 2110)
E. , Approval of Warrant List
FANELLI/MALLORY MOVED APPROVAL OF CONSENT CAT,~NDAR. Passed 4-0.
A. ADMINISTRATIVE REPORTS
1. Report from/~lministrative Services Director on Village Library Lease
Renewal
Cuffs.unity Services Director explained issues, and' Council discussed them. Mayor
Moyles invited memkers of the public to' express their opinions, altbugh the item
was not a formal public hearing.
Marge Bunyard rose to speak as a member of the VITA Board of Directors. She pre-
sented an overviow of V1TA's activities and financial problems and requested that
their rent he waived.
Martha Beverett spoke as a representative of Friends of the Libraries. She dis-
cussed their activities, pointing out that it was an all-volunteer group. Their
financial contribution, she said, had enabled the City to reduce its financial
contribution to the library.
Councilmember Clevenger pointed out that tDa Village Library Use Task Force had
recommended that the two groups use the facilities because that would be the best
use of the building for the public. Councilmemker Mallory expressed concern that
permitting them to rent at lower-than-market rates was subsidizing the groups. He
- suggested that they be asked tO submit an annnal report sbing how their use of the
~ ......facilities benefits the City. Mayor Pbyles suggested that beth groups 'be charged
~.~..rent, with the proceeds going to a special fund for maintenance of the. building.
With the Council considering raising taxes, he felt it contradictory nat to charge
..--=-. - rent. Councilmenk~r Fanelli wished to aid VITA but felt a reserve account ~auld be
a good idea. She suggested charging rent until the reserve account reached a ceiling
of perhaps $5-7,000, at which ~oint the rent might drop.
-'~ ~GER/lvDYLES MOVED TO LOWER VITA'S RENT TO $150 PERMONTH AND CONTINUE TO CHARGE
THE FRTENDS OF THE LIBRARY $1 PERMDNTH AND EXTEND THE LEASE ONE YEAR. Failed 2-2
,.. - (Fanelli, MallOry opposed).
FANEL%I/MALLORy MDV~D TO EXT~qD THE CURRENT LEASE FOR TWO YEARS AT THE CURRENT RATES,
WITH V1TA PAYING $300 PER MONTH A~]D THE FRIENDS OF THE LIBRARY PAYING $1 PER FIDE;
IF THE RESERVE REAC~ED $5000 WITHIN THAT PERIOD OF TIME, THE LEASE AGREEMENT COULD BE
RECONSIDERED. Failed 2-2 (Clevenger, Moyles opposed). .
F. . .Mayor Moyles suggested that the Council return to this item after Councilmember Callon
arrived to decide the ~ote.
2. Report on Process for Second Unit Ordinance
City Manager explained proposed schedule, which indicated that the Second Unit Ordi-
nance would be considered in tandem with the Housing Element. Mayor Moyles stated
that the schedule coincided with-his discussion with the Planning Commission Chairper-
son. There was consensus to approve the schedule and to direct that the Planning
Co_~lnission be invited to the 1/24 work session.
3. Report on Status of Saratoga Volunteer Pro.gram
City Manager reviewed report. In answer to Mayor Moyles, City Manager stated that
volunteers are invited to yearly dinner. In answer to Councilmember Mallory, he
stated t~at the ombudsman program had rot yet been fully implanted.
4. Report on Issues to be Decided before Period for Filing Nomination Papers
Deputy City Clerk briefly explained issues to be decided. Councilmember Mallory
spoke in favor of extending the length of the carfLidate's state~aent to 400 words.
MALLORY/MOYLES MOVED TO EXTEIqD PERMi'IT~jU LE~G~fH OF CANDIDATE'S STATEMENT TO 400
WORDS. Passed 4-0.
MDYLES/~JjDRY MOVED TO CHARGE NO FILING FKK. PaSSed 4-0.
MDYLES/PLEVENGER MOVED TO ALLOW REBUITAL ARGUMENTS. Passed 4-0.
CLEVENGER/MALLORY E TO CHARGE $80 IN ADVANCE FOR PRINTING OF CANDIDATE 'S STATEMENT.
Passed 4-0.
Councilmember CallOn arrived at 8:00 p.m. Mayor Mayles proceeded to public hearings.
V. PUBLIC HEARINGS
' ' A. Continu~ Consideration of Altenatives for Raising Taxes (Among the taxes
being considered are an increase in buSiness license tax; establishment,of
a transient occupancy tax~ and establishment of a utility user tax. )
The public hearing was opened at 8:01 p.m.
Charles Robbins, President of the Good Government Group, read their letter dated
January 4. The group favored a street maintenance program costing less than $800,000
per year; supported the transient occupancy tax and an increaSe in the business
license tax; favored selling excess City land and using the income from the proceeds
for street maintenance; and supported a utility tax only as a laSt resort ar~ at a
lower rate than 5%. As to excess land, he stated that the Cox2Saratoga-Sunnyvale
property and the land adjacent to Kevin Maran Park might well be sold.
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George Godlewski, 20773 Gilmore, spoke as a bicyclist on Saratoga streets. He
felt the streets needed more money for maintenance than the hotel tax and the
increased business license tax could provide. He believed the utility tax to he
a democratic means of raising the funds.
Don Eagleston, President of the Saratoga Village Association, spoke in favor of
a flat rate for business licenses of $75 to $100.
Carol Connors, speaking for the Saratoga-Los Gatos Board of Realtors, favored a
flat rate for business licenses.
Tom Reddick, 12389 Larchnont, oppgsed the utility tax as being a hardship on
senior citizens having a fixed income. He also felt there had not been enough
press coverage of the hearing and that the citizens did not know about it.
Council discussed whether to close the public hearing. Councilmembers CalloW,
Clevenger, and. Fanelli favored discussing the issues further and arriving at ~'a package
to which the public coUld react at another public hearing.! Councilmember Mallory ~pre-
ferred~.to move ,faster and ~expres~ed concern akout making a conmitment to road
maintenance at an acceptable level and publicizing ~-he issues further, perhaps
with a newsletter. Ma r Moyles was willing to allow more time if the Council could
not agree at this mee~g.
Mr. Toppel of the City Attorney's Office explained the Council's options in light
of proposed initiative legislation, in answer to questions from Councils
Callon and Fanelli and Mayor Moyles.
Councilmember Fanelli favored a business licens-~tax of $75 to raise about $40,000;
hotel tax of 8% to raise a total of about $70,000; sale of City property at Cox/
Saratoga-Sunnyvale for about $1,000,000 and near Kevin Foran Park for about $2',000,000;
investment of the proceeds ffo~ the properties to earn interest of about $300,000 per
year; utility tax of 2.5% to rais~ about $450,000. She favored using the resulting \..
revenue for road maintenance. Noting' that it ~DUld be several years before the
revenues reached a yearly total of about $860,000, she felt it would be best to han-
dle the process gradually rather than impose a 5% utility tax to raise the needed
revenue immediately.
Counci~r Clevenger expressed doubt that the Kevin Foran property could he sold
for $2,000,000 because part of it is land-locked, and it abuts the freeway corridor.
She brought up the question of exempting these on .special rates from the utility tax
so that those whe could not afford it ~Duld not have to pay it. She also favored a
sunset clause in the tax so that if the State provided more money for street main-
tenance the tax could be terminated easily. She supported a business license tax
based on number of employees. She also supForted sale of City property at Cox/Saratoga-
Sunnyvale an~ Kevin Maran, although noting that it could eneeurage development of the
Cox property.
CouncilKember Mallory felt that a $100 business license tax would be acceptable,
though tying it to number of employees might be fairer. He believed the hDtel tax
would also be acceptable. He preferred to lease the Cox/Saratoga-Sunnyvale property
rather than selling it, since he felt the question of selling City lands needed more
study. He-agreed with City consultants that the full sam of $900,000 was needed for
street maintenance. He favored a sunset clause for the utility tax.
Councilmember Callon expressed concern that the scope of the road maintenance program
as proposed might be too great. She pointed out that previously-available funds for
road maintenance had not been completely spent. She favored selling the AzUle property
as well as that at. Cox/Saratoga-Sunnyvale and Kevin Maran, believing that they were
suitable for residential develoFment. As to the utility tax, she felt it sbu]d be
reduced and a sunset clause added; she also felt it might he wise to place it on the
ballot.
Councils Clevenger brought up Councilmember Mallory' s previous suggestion that
Council pass a resolution establishing a pavement management program to be furaed at
a certain amount. Mr. Toppel discussed the limitations of such a resolution.
Mayor Mayles expressed concern that the revenues be used as intended rather than
accruing as surplus. He agreed with Councilmember Callon that the Council must agree
on the scope of the pavement management program before determining the amount of
money to be raised. He supported the hotel tax and preferred a flat rate of $75 for
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business license tax. He felt the Council had received sufficient information frc~
the Parks and Recreation Cor~nission and the Finance Advisory Cormuittee to sell
the Kevin Moran, Cox/Saratoga-Sunnyvale, and Azule properties. Mter making those
calculations, he felt it appropriate' to see how much remained to be funded from a
uti'lity tax. He supported Councilmamker Clevenger's cun,~ents favoring a sunset clause
an~ exemption of those using less than the lifeline allowance with respect to the
utility tax.
CouncilIvambers then discussed whether further deliberations should take place at a
study session or another public hearing. They also requested further information on
lifeline rates and ~special utility rate programs for these in fixed .inoomes. Council-
member..Clevenger suggested spending time discussing pavement management figures and
property which may be sold, e_specially Azule.
There was consensus to discuss issues at two further meetings, with the decision to
be made at the second meeting. Ma~or Moyles requested that Councilmembers direct
meros to the City Manager with specific questions so that they could obtain some
feedbeck. Councilmember Callon requested that all previous staff reports and mends
on pavement management and tax structure be sukmitted to Council at next n~eting.
FANRI.I.I/MDYI,F.q MDVED TO CONTINUE PUBLIC HEARING TO 1/18. Passed 5-0.
The Council recessed from 9:20 to 9:40 p.m.
B. Consideration of Projects for Funding in FY 1984-85 from Housing and Conm~hnity
Develol~sent Act Block Grant Monies
Housing and Community Development Coordinator explained process. Councilmeraber
Mallory suggested that Saratoga school districts other than the one which had sub-
mitted a proposal be notified Of the opportunity to submit proposals. Councilmem-
bers Callon and Fanelli and Mayor. Moyles cautioned against the possibility of
appearing to solicit proposals which would then be expected to be approved. The
public hearing was opened at 9:53 p.m. ,
Paul Collins spoke as Superintendent of Saratoga High SchoOl, extolling its high
quality and explaining its philosophy.
Dorothy Diekmann, Business Manager of the school, answered questions about the
grant request. ~
Mildred Gordon spoke as a representative of the Saratoga Area Senior Coordinating
Council. She reiterated their request for a $20,000 grant similar to the one
made to them last year.
Nancy Stevems, a teacher at Saratoga High Sck~l and resident of Saratoga, spoke
in favor of the grant to the scbl. In answer to Councilmember Callon, she said
that there was one student at the school confined to a wheelchair. She felt, however,
that students presently being bussed elsewhere could be acconrsDdated at Saratoga
High School if the handicapped access were improved.
Jim Lewis, 24095 S~nit Woods Drive, spoke as an advocate for the handicapped. He
stated that federal regulations require certain buildings to have handicapped access,
and if furls such as the H~DA funds are not used for it, the funds will have to come
from programs. He also ma~e several suggestions as to improvement of Civic Theater
handicapped access.
The public hearing was continued at 10:17 p.m. to 1/18.
Coun. cilmember Callon brought up the unfinished business of the Village Library lease,
and Mayor Moyles returned to that item on the agenda.
1. He.port frc~a ~]mihistrative services Director on Village Library Lease
Renewal (continued)
City Manager explained presentations ~ade concerning lease renewal, and Councilmembers
Fanelli and Clevenger reviewed fail~ notions which had been made. Councilmenher
Clevenger expar~ed further on presentations of VITA and Friends of the Libraries.
Counci~ Callon responded that she favored the continuance of the lease, peint-
ing out that staff and the citizens task force had thDroughly reviewed a number of
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possibilities and had determined that the current lease terms were the nDst
desirable.
CALLON/FANELI,I FDVED TO APPROVE THE STAFF RECOMMENDATION FOR CONTINI~/qCE OF
THE CURRENT ThatMS OF THE LEASE FOR ONE YEAR ($300 PER MDNTH FOR VITA; $1 PER
MONTH FOR FRIENDS OF THE LIBRARY). Passed 3-2 (Clevenger, Moyles opposed).
Councilmember Mallory stated that the City was subsidizing the two groups and
felt that they should subnit an annual report on how the property was used.
B. REPORTS FROM ~SSIONS AND COM~I'i'i'~:~:S - NOne.
C. ORDINANCES AND RESOLUTIONS
1. Resolution Ordering Glen Una 1983-3 Annexation
FANRLLI/~I,EVENGER MOVED TO ADOPT RESOLUTION NO. 2111. Passed 5-0.
2. Resolution Supporting Relicensing of Hydroelectric Projects to
the Pacific Gas and Electric Company, sponsored by Mayor bbyles
CounciLmember Callon noted that the resolution placed the interests of Saratoga
against the interests of Santa Clara. She felt it appropriate to vote for the
interests of Saratoga.
MALLORY/CLEVENGER MOVED TO ADOPT RESOLUTION 2112. Passed 5-0.
3. Ordinance Relating to the Procedure for Introduction of Resolutions
and Ordinances (first reading)
FANEI,LI/MDYLF~q MOVED TO READi ORDINANCE BY TITLE ONLY~ WA/VING FURTHER READING. ·
Passed 5-0.
FANRr.LI/MOYLES E: TO II~TRODUCE ORDINANCE. Passed 5-0.
4. Ordinance Pertaining to Repair of Vehicles and Abandoned, Wrecked,
Dismantled or Inoperative Vehicles (first reading)
/kluLinistrative Services Director explained revisions to ordinance as originally
suhnitted, noting that State law now allowed an increase in the fines for infrac-
tions. Councilmember Callon stated her feeling that the item should have been
agendized as a public hearing. She pointed out that the previous vehicle repair
ordinance had been agendized as a public hearing and had drawn significant public
input on both sides of the question. Although she had initially opposed that
ordinance, she had not heard complaints about it and intended to vote for the
pro_[x)sed ordinance.
MOYI.F.~/CLEV~qGER MOVED TO READ AM~X~DtD ORDINANCE BY TITLE ONLY, WAIVING FURTHER READING.
Passed 5-0.
MOYLES/CLEV~IWGER MOVED TO INTRODUCE kM~XqDRD ORDINANCE. Passed 5-0.
D. RIDS AND CONTRACfS
:.
1. Contract for Analysis of Public Improvemint Requirements in the
Northwest Hillside NHR District and Resolution Appropriating Funds
Counci~ Fanelli brought up the question whather some of the proposed work
would be accomplished through the tentative map procedure, thus rendering the
oontract partly redundant. City Manager explained why he believed work would not
be redundant, and Con~nunity DeveloF~ent Director added that most of the proposed
'_Lmprovenents were outside the requirements of specific ten%ative maps. He felt
the analysis was necessary for clarification of information for present and future
use. CounciLmember Fanelli said that since staff had stated that overlap was not
a problem, she felt it better to do the work now than later. In answer to Coun-
cilmember Callon, Mr. Toppel said the money was all recoverable tb_vough various
methods. As to Quarry Read, fees would not be the primary source of payment for
Mr. Heiss' bill, be said.
U-£/~7~
FANk~,T,T/CLEVENGER MOVED TO RETAIN FIRM OF JENNINGS, MCDERMOIT AND HEISS TO pREPARE
ENGINF:~L~ING REI~DRT ACCORDING TO L~TI'BR PROPOSALS DA~'M3 '12~20 AND ~12/27/83,
AUTHORIZE THE CITY MANAGER TO ~N~fER INTO AN AGE FOR THE WORK ON A TIME AND
MATERIALS BASIS WITH TOTAL COST NOT TO EXC~;~;~> $35,000, WITHIN' 60 DAYS, AND ADOPT
RESOLUTION 2073.6 APPROPP_IATING FUNDS FREM THE CURRM~T BUDGET WITH THE UNDERSTANDING
THAT THERE WILL BE FUlL REIMBURSEMENT AS A RESULT OF THE ANALYSIS. Passed
2. Contract for Consulting Landscape Architect to do Median Master Plan and · Appropriations Resolution
MaintenanCe Director explained proposal and, in answer to Councilmember Fanelli,
confirn~d that the State will allow medians to be built and maintained on a State
highway under agreement. In answer to Councilmember Mallory, Peter Callendar of
Callendar AssoCiates stated that he would attempt to work with staff and conlnissions
to expedite the ~Drk; which had fallen behind schedule. Councilmembers asked further
· specific questions. Mayor Moyles expressed concern that maintenance be given due
consideration in the plan, since he felt maintenance of the current medians was not
always up to a high standard. Mr. Callendar stated that maintenance was a prime con-
sideration. In answer to Mayor MDyles, City Manager explained that as far as he could
recollect, the medians had been discussed in goals sessions but not incorporated in
the budget, -which was why monies now had to be appropriated for the project.
MALLORY/CLEVENGER MOVED TO AUTHORIZE MAYOR TO EXECUTE AGRE~MtlqT FOR LANDSCAPE ARCHI-
TECTURAL SERVICES FOR THE CITY OF SARATOGA MEDIAN MASTER PLAN BY CAT,T.FNDAR ASSOCIATES
AND ADOPT RESOLUTION 2053.7 APPROPRIATING $14,650 FOR THE PROJECT. Passed 5-0.
Mayor Moyles then proueeded to items following public hearings on the agenda.
VI. NEW BUSINESS
A. Discussion of' oral c9, nmunications, if any - None.
B. Written Cormlunications f-rom Public
#1 from M. Gordon resigning as Saratoga City ~epresentative to Aging ~dvisory
Council of County.' Mayor Moyles moved to appoint Mrs. Vernon Trimble as her suc-
cessor, as recorm~=_nded by Mrs. Gordon. Counci~ Callon cormnented that some-
one else might wish to have the opportunity to serve, and Mayor ~byles withclrew
his motion. After discussion, Mayor Moyles requested that staff send a letter
concerning the vacancy to the Saratoga News and the Saratoga Area Senior Coordinat-
ing Council and agoadize the matter for the next meeting. Councilmanbet Fanelli
requested that a resolution ~ing Mrs. Gordon. be prepared for that meeting.
#2 from M- Foote introducing L. Whiting as AAL~q observer noted and filed.
#3 from M. Gordon thanking Council for support for purchase of Saratoga Court
Complex noted and filed.
#4 from T.A. Nobriga requesting action on gates required in connection with develop-
ment of Lira Dr. properties referred to staff for reply.
#5 from J. Posenfeld offering to turn over parking spaces to City - staff directed to
acknowledge letter, noting that matter was being considered by Finance Advisory
Conmittee.
C. New Business from Councilmembers
Fanelli -Announced that Fire District Task Force would meet 1/12. Noted that mDst
recent Transportation UFdate stated that Saratoga OppDSed development in the corridor,
although General Plan showed that corrido~ was open for transportation. and Council had
participated in furring of transpertation analysis. Councilmember Clevenger believed
that Saratoga's present position was known.
Mallory - irquirad as to ConmurLity Services Officer program. City Manager stated
- staff was in final Istages of selecting officers.
D. New Business from Staff, Administrative Reports not Scheduled
Deputy City Clerk announced that newspaper item indicating that the Saratoga-Los Gatos
Race was 1/7. was incorrect; the race was to be run 1/8.
VII. ADJOURNMENT
The meeting was adjourned at 11:21 p.m.
Respectfully suhnitted,
Grace E. Cory
Deputy City Clerk