Loading...
HomeMy WebLinkAbout02-04-1987 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: February 4, 1987 PLACE: Civic Theater, 13777 Fruitvale Avenue, Saratoga CA TYPE: Regular Meeting 1. ROLL CALL: Mi~yor Hlava, Councilmembers Clevenger, Anderson, Moyles, Peterson present at 7:05 P.M. 2. CEREMONIAL ITEMS: None. 3. ROUTINE MATTERS A. Approval of Minutes of January 21 and January 27, 1987. MOYLES/PETERSON MOVED APPROVAL OF THE MINUTES OF THE MEETING OF JANUARY 21, 1987, AS SUBMITTED. Passed 5-0. MOYLES/ANDERSON MOVED APPROVAL OF THE MINUTES OF THE MEETI/qG OF JANUARY 27, 1987, AS SUBMITTED. Passed 4-0-1, Councilmember Peterson abstaining. B. Approval of Warrant List as submitted. C. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on January 30, 1987. 4. CONSENT CALENDAR - CLAIMS: A. Rosenblum (presented on his own behalf) MOYLES/HLAVA MOVED TO DENY CLAIM OF ROSENBLUM, PRESENTED ON HIS OWN BEHALF. Passed 5-0. 4. CONSENT CALENDAR - OTHER ITEMS: A. Planning Commission Actions, January 28, 1987 - Noted and filed. B. Heritage Commission Actions, January 7, 1987 - Noted and filed. C. Library Commission Actions, January 28, 1987 - Noted and filed. D. Amendment to Zoning Ordinance 71.19, See. 15-90.060 (h) pertaining to uses in required yards of commemial sites and Sec. 15-34.030 (a), (b) and (c), pertaining to covered parking for residential uses (AZO 86 007) (second reading and adoption) E. Resolution 780. 29, Proposed Amendment to Civic Theater Fee Schedule F. Final Acceptance, SDR 1437, Northwest Projects, Cox Avenue Mayor Hlava commented on the Library Commission Minutes of January 28, 1987; she stated her opposition to an arrangement of matching donations from IBM which was presented to the Cupert'mo Library by the Library Commissioner of the City of Saratoga. PETERSON/HLAVA MOVED APPROVAL OF THE CONSENT CALENDAR. Passed 5-0. MEETING OF THE CITY COUNCIL Page 2 ~.- ~ FEBRUARY 4, 1987 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC: A. Oral Communications from the Public and Commissions - None. B. Written Communications from the Public 1. Patrick S. Kwok, 19403 Via Real Dr., protesting construction of paved parking strip in Congress Springs Park Councilmember Moyles concurred that individuals are driving from the parking lot through to Saratoga Ave. along the railroad tracks. Consensus to refer this item to the City Attorney for a reply. 2. Saratoga Village Association, P.O. Box 725, Protesting signs in Village Councilmember Peterson noted that allowing the merchants to identify acceptable signage for the Village was an excellent idea. Consensus reached to direct Community Services Director and Officers to work with the Village Association to identify "illegal" signs which could be abated; consideration of a possible amendment to the sign ordinance as proposed by the Village Association or Chamber of Commerce. 3. Garrett E. Gettleman, 13929 Pierce Rd., objecting to proposed road widening of Vista Regina Mr. Gary Gettleman addressed the Council on the proposed mad widening as stated in a letter of January 9, 1987. Mr. Shook reviewed the history of the plans for the road widening and the actions required at this time; the City Attomey and City Engineer will confer with Mr. Gettleman to resolve this issue. 6. OLD BUSINESS A. Report on Route 85 Soundwalls The City Manager reported on developments conceming the Route 85 Soundwalls and noted that the configuration of the freeway in the vicinity of Quito Rd., Saratoga Ave., and Prospect Ave. would not change; it was the contention of Caltrans that soundwalls were unnecessary due to the width of the right-of-way. Councilmember Cievenger noted for the record that the City of Saratoga would not have the necessary funds to construct community walls; failure to respond to this Report may indicate concurrence. She asked that a letter be prepared stating that the City did not want interchanges at this location and secondly, the City was unable to provide the funding for the community walls. The City Engineer stated that the Traffic Authority indicated that the 10 million dollars in the Strategic Han set aside for mitigation measures would be used for mitigation of this type. Councilmember Anderson noted her concern that there may be insufficient funds to consu'uct the needed community walls. Consensus reached that concerns regarding funding of community walls from local sources be ' ' communicated by letter to the Traffic Authority and stating that the City of Saratoga will not fund this traffic mitigation measure. B. Draft of Route 85 FEIS Section 4 (f) Concurrence Letter Councilmember Anderson noted her concern on Kevin Moran Park section and questioned the 63 dBA. She askexl that substantiated numbers be presented by Caltrans and that information on expected dBAs be elicited from an independent source. Mayor Hlava asked that on page 3, the word, "opposition" be deleted and add, "position." .Consensus reached on the draft of the Route 85 FEIS Section 4 (f) Concurrence Letter with the change noted above. MEETING OF THE CITY COUNCIL Page 3 FEBRUARY 4, 1987 OLD BUSINESS Continued C. License Fee for Encroachment Permits The City Manager reviewed the Memorandum of January 30, 1987, which suggested that a method be established to detemaine the amount of the fee. He responded to questions regarding the purpose of pursuing and the enforcement of encroachment violations. In response to Councilmember Peterson's question, the City Attorney clarified the difference between grandfathering a second unit and the possibility of grandfathering an encroachment into a public right-of-way. CLEVENGER/HLAVA MOVED APPROVAL OF LICENSE FEE FOR ENCROACHMENT PERMITS, BASED UPON 10% OF THE ASSESSED VALUE PER SQUARE FOOT. - - Passed 5-0. D. Legalization of Existing Second Units The City Attorney reviewed the histo~ of the proposed Ordinance and presented a draft which described any changes made; he stated that the ordinance was a simplified set of standards for units lawfully built. A reduced application fee was allowed for a limited time as an incentive for owners to apply for legalization of existing second units. Councilmember Clevenger noted with approval that the application fees would recover costs of Staff time for review of such applications; she felt that the City should not subsidize this process. In response to her question on Revocation of Use Permit, the City Attorney conf'm'ned that one of the Findings for issuance of a Use Permit was that such would not cause unreasonable noise; he cited Sec. 15-56.100 (g). With respect to appeals of the Planning Director's decision, the City Attorney stated that an individual would have to affmnatively become involved in the process by submitting a protest or a request for information; Notices sent to property owners will state this information. Councilmember Clevenger asked that it be clearly stated that right of appeal would be lost if an interest was not expressed during the Application process. In response to Councilmember Peterson's question, the City Attomey confumed that the appeal fee was set across the board and was to be subsidized. The Councilmember noted for the record that he requested the Planning COmmission to make an appeal as easy and practical as possible, even if it meant subsidizing some of the Staff fees. PETERS ON/HLAVA MOVED TO REFER THE LEGALIZATION OF EXISTING SECOND UNITS TO THE PLANNING COMMISSION FOR PUBLIC HEARINGS OF THE REVISED ORDINANCE. Passed 5-0. 7. NEW BUSINESS A. Request by Saratoga Area Senior Coordinating Council for Fee Waiver for Special October Fund-Raising Event The Community Services Director reviewed the Report of Februaxy 4, 1987; Ms. Pisani, Recreation Superintendent, confirmed that the City had never made an exception to the policy that reservation of the Community Center would not be taken prior to six months before the "' event. Councilmember Petenon was favorable to review on an individual basis and a change of policy allowing fund raising activities of non profit organizations to use the facility rent free. Mayor Hlava was also favorable to a discussion of a possible change in policy; she noted her concern regarding a change in the reservation policy. Mr. Paul Bowlin, Member of the Senior Coordinating Council, stated that the additional time requested would aid them in organizing this fund raising project. Councilmember Clevenger noted that she was favorable to maintaining the current policy on reservations and payment for staff and clean up expenses. Ms. OlcjaMcFarland, Coordinator of the event, stated the request would allow them to ~ublicize the event. Ms. Pisani stated that full consideration of this request would be given. MEETING OF THE CITY COUNCIL Page 4 FEBRUARY 4, 1987 NEW BUSINESS Continued Consensus reached that the building charge would be waived; however, Staff and clean up expenses would l>e charged. B. Recreation Class Contractor Advertising policy Community Services Director Argow reviewed the Report of Febmax3r 4, 1987. Councilmember IVloyles was favorable to the advertising policy which had increased public participation in the activities offered; however, he suggested the following amendments: Any references, direct or implied, to names of Councilmembers would not be included on City stafioner.~ used for the advertisement of classes. Official City logo would not be used on such advertisements Statement displayed clearly on the envelope, "Neither printed nor posted at public expense" Councilmember Clevenger favored the use of the term "Saratoga Community Center" rather than "City of Saratoga;" Councilmember Anderson concurred. Consensus of the Council reached with the changes as noted. Mayor Hlava proceeded to Public Hearings 8. PUBLIC HEARINGS A. Housing and Community Development Act and Community Development Block Grant Proposals (Continued from Janua~ 21, 1987) Administrative Assistant King noted that a formal proposal from the Catholic Charities, Ombudsman Prom'am. had been received. She stated that recommendations made in the Report of February 4, 1987, served the best interests of the City of Saratoga and were in conformity with objectives of the CDBG Program. She reviewed the reasons for ineligibility of some of the requests received; the Application of the Saratoga Community Gardens could be structured in such a manner to be considered eligible. Ms. Marianne Swan, Sarato_~a Community Gardens, stated that the Community Gardens could not exist without community support; the Gardens would benefit from long term staff and housing for employees. In response to Councilmember Peterson, she stated that the primary objective of the proposal submitted was to provide housing and/or assist moderate and low income individuals in finding housing; Council stated that use of these funds for moderate and low income individuals must be documented. The City Attorney clarified that income status would be as def'med by federal govemment standards. Fir. F. Paul Schutz, Social Advocates for Youth. asked for information regarding status of their application; Mayor Hlava reviewed Staff recommendation on this Application and noted County wide guidelines used in funding Public Service projects. Adminisu'ative Assistant King .noted that due to the fact that the building was rented, funding from the Housing Rehabilitation categorf was not recommended. Ms. Karen Lang, IEnterp_rise. noted the ineligible status of this Application and stated that youth from lower income families are using Enterprise services; however, due to the newness of the program, adequate statistics had not been compiled. Mayor H/ava noted that without these statistics, eligibility for funding could not bo~ de~rmLned. Ms. Leta Ffiedlander, Live Oak Adult Day Care, stated that, the financial amount requested in the proposal submitted had not been inflated. Mr. Paul Bowlin, .Saratoga Area Senior Coordinating Council. presented a modified budget to the application presented. PETERSON/MOYLES MOVED TO CLOSE THE PUBLIC HEARING AT 8:38 P.M. Passed 5-0. MEETING OF THE CITY COUNCIL Page 5 FEBRUARY 4, 1987 PUBLIC HEARINGS Continued Councilmember Petenon noted his interest in supporting the Saratoga CommUni_ty Gardens proposal. Mayor Hlava suggested a change in funding allotted to the Senior Coordinating Council and the Senior Coordinating Council Day Care, to be $36,000 and $5,000 respectively; she noted that fund raising activities were more successful when done for a specific project, i.e., the Day Care Center. The City Manager noted concern that the Day Care Center may not be built this .' fiscal year and thus these funds would not be used. Councilmember Anderson favored the proposed change; Mr. Bowlin concurred that raising the needed $5,000 through fund raising activities for a Day Care Center might be easier than raising this amount for operational expenses of the Coordinating Council. Councilmember Moyles noted that allocation of the money was an important issue; he was favorable to an allocation of $10,000 for the capital outlay of the Day Care Center and wished the record to reflect such. Consensus reached that the funding of these requests from the Senior Coordinating Council remain as recommended in the Staff Report. MOYLES/CLEVENGER MOVED APPROVAL OF PUBLIC SERVICE FUNDING AS RECOMMENDED BY STAFF. Passed 5-0. In response to Councilmember Clevenger's question, Administrative Assistant King noted that the proposal for the Saratoea Community Gardens did not fit the criteria as well as other proposals submitted for the HCDA or CDBG funding. Ms. Swan stated that the proposal was a request for housing; funding for operational costs was not included, Councilmember Clevenger noted the problem of proposals not clearly defined, which limited the consideration of and eligibility of the proposal itself. Mayor H~ava noted her concern regarding the Access Bridee at Wildwood Park,.stating that the park was used for youths drinking; connecting the parIcing lot and the park may cause problems. She asked that the design and lighting of this project be carefully reviewed. MOYLES/PETERSON MOVED APPROVAL OF GOVERNMENT BUILDING ACCESS AND CITY PARK ACCESS AS RECOMMENDED BY STAFF. Passed 5-0. Councilmember Moyles noted for the record concern regarding funding by the federal government for activities at the local level; such would be an appropriate area for local taxation. He cited the fact that the 1983 Emergency Jobs Bill was determined to cost $88,000 for every job created by the Bill. He noted the difficulty of getting funds to the Transit Assist Program. Finally, he questioned the possible effects of withdrawal of funding from the Federal government. The Mayor recessed the Meeting from 9:01 - 9:15 P.M. B. Ordinance amending the Zoning Ordinance to add Art. 15-29 pertaining to fences, walls, and hedges: to consolidate the various regulations into one section of the Code; and to add requirements for fencing along the scenic highway to allow a minimum 15 ft. setback with appropriate landscaping. (AZO 86 006) (furst reading) The City Attorney reviewed the Memorandum of December 15, 1986, and called attention to the changes in the proposed Ordinance Amendment. He noted that the Planning Commission had recommended adoption of the Ordinance with minor changes, which had been incorporated in the revised draft submitted to the Council. The Public Hearing was opened at 9:24 P.M. There were no speakers. PETERS ON/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 9:24 P.M. Passed 5-0. Coun_cilmember Clevenger noted approval of the proposed Ordinance amendment. The City Attorney responded to questions regarding Soundwalls and Fencing adjacent to Scenic Highways addressed by Councilmember Peterson. MEETING OF THE CITY COUNCIL Page 6 FEBRUARY 4, 1987 PUBLIC HEARINGS Continued PETERSON/CLEVENGER MOVED THE GRANTING OF A NEGATIVE DECLARATION. Passed 5-0. PETERSON/HLAVA MOVED TO INTRODUCE AN ORDINANCE AMENDING AND CONSOLIDATING THE REGULATIONS PERTAINING TO FENCES, WALLS AND HEDGES AS CONTAINED IN CHAPTER 15 OF THE CITY CODE. Passed 5-0. Mayor Hlava retm'ned to New Business on the agenda . . I C. League of California Cities Dues Increase - 1987 HLAVA/ANDERSON MOVED TO DIRECT COUNCILMEMBER PETERS ON, THE CITY REPRESENTATIVE TO THE PENINSULA DIVISION BOARD, TO VOTE IN FAVOR OF A 6% DUES INCREASE. Passed 5-0. D. Eqnipment Acquisitions The City Manager reviewed the Report of February 4, 1987, and recommended that the Council authorize Staff to purchase the necessary vehicle and equipment and to dispose of the surplus vehicle at public auction. Councilmember Moyles asked for assurance that the requested purchases were required; he suggested the setting of precedence in such actions. The City Manager responded that the equipment was included in the budget for the coming year, with the exception of the air compressor;, there,' win not be any additional cost to the City. PETERSON/HLAVA MOVED TO AUTHORITY. STAFF TO MAKE THE NECESSARY PURCHASES OF EQUIPMENT AND DECLARING THE STATION WAGON SURPLUS, TO BE DISPOSED OF AT PUBLIC AUCTION. Passed 5-0. 9. CITY COUNCIL ITEMS: A. 'Discussion of Oral Communications not referred to Staff - None. Mayor Hlava noted for the record that Ms. Kanemura, Chairwoman of the Library Commission, informed her that library shelving was given to the Cupertino Library since the City of Saratoga was unable to use the equipment. B. Reports from Individual Councilmembers 1) Adoption of no-smoking regulations for City of Saratoga Mayor Hlava acio~owledged a letter from Ms. Gay Crawford dated February 4, 1987, asking that an enactment of a Smoking Control Ordinance be considered by the City Council. Councilmember Anderson recommended that restaurant owners in Saratoga be asked to initiate non-smoking sections in their establishments. Consideration given to holding a Public Hearing on this issue; suggestion made that the Los Altos Ordinance serve as a model resolution for Saratoga. Councilmember Peterson noted that he was unaware of a problem in the city; however, he was favorable to a resolution advocating that restaurants and business provide non-smoking sections for patrons and employees. Councilmember Moyles stated that if an issue required Council review, irfformation be compiled and the item submitted to the goals and priority setting committee in March, before public input was solicited. Councilmember Clevenger suggested that Staff review the Los Altos resolution. The City Manager suggested that the Chamber of Commerce and the Village Merchants be asked to survey the business community; he noted that the educational community was one of the biggest employers in the City. Consensus reached to direct Staff to compile information from a variety of sources, eliciting the aid of the Chamber and the Village Merchants Association. MEETING OF THE CITY COUNCIL Page 7 FEBRUARY 4, 1987 · CITY COUNCIL ITEMS Continued Councilmember Peterson reported on the Meeting of the League of Califomia Cities. Councilmember Moyles reported on the Traffic Authority Meeting of February 2, 1987. Councilmember Clevenger reported on Sanitation Disuict 4. Councilmember Anderson reported on the Finance AdvisopJ Committee Meeting of February 2, 1987; a Study Session with the City Council will be held on May 12, 1987. ~I~Dj. lghl~F=~IIl at 10:20 P.M. to Closed Session on personnel issues. Respectfully submitted, C~rol A. Probst-Caughey Recording Secretary