HomeMy WebLinkAbout05-20-1987 City Council Minutes MINUTES
SARATOGA CITY COUNCIL
Yil-f~: May 20, i987
PLACE: Civic Theater, 13777 Fmitva!e Avenue, Saratoga CA
i, ROLL CALL: Mayor ~ava, Councilmembers Clevenger, Anderson, Moyles, Peterson present at 7:06 P.M.
2. CEREMONIAL ITEMS: None
3. ROUTINE MATTERS
A. Approvfl of M~utes of Mee~g of May 6, 1987 ~d May 12, 1987. -'
MOYLES/A~ERSON MOVED APPROVAL OF ~ ~TES OF ~Y 6, 1987, AS
SUBM~D. Passed4-0-1, Counc~member Petenon abst~ing.
A~ERSON~OYLES MOVED APPROVAL OF T~ M~TES OF MAY 12, 1987, AS
SUBM~D. Passed 5-0.
B. Approv~ of W~t List as sub~ttfl.
C. Report of City Clerk on Posting of Agenda
Pursuit to Government Code 54954.2, ~e agenda f~ this meeting was properly posted on
May 15, 1987.
4. CONSENT CALENDAR:
A. Pl~ng Co~ssion Actions, May 13, 1987, - Noted and filed.
B. Heritage ~se~a~on Co~ssion Actions, April 15, 1987, - Noted ~d filed.
C. Public Sffe~ Com~ssion ~nutes, May 11, 1987, - Noted ~d filed.
D. Cable TV ~c~ Access Policy Bo~d ~utes, May 12, 1987, - Noted ~d filed.
E. Cable ~ ~cfl Access Po~cy Bo~d Statement of Gofls - Not~ ~d ~
F. Personnel Resolutions for FY 1987-88:
1. Resolution 2424 Authofi~g Pe~ent Positions
2. Resolution 85-9.72 EsmbHs~ng M~agement S~ R~ges
3. Resolution ~25 Adop~g Pay Sch~ule for Pro-Time Tempor~ Employees
G. App~v~ of Rep~ng of HCDA Funds
H. Accepmce ~d Ac~owledgment of Donation to H~one G~dens
(Frost on ~h~f of McDoug~)
I. Resolution 2426 Conce~ng I~ Week sponsor~ by Mayor ~ava
J. ~lmafion Concem~g Odd Fellows Home sponsored by Mayor ~ava
K. ~l~afion Concemg M~e Trapm~ sponsor~ by Mayor ~ava
MEETING OF THE CITY COUNCIL Page
MAY 20, 1987
CONSENT CALENDAR Continued
' L. Proclamation Concerning Hiroshi Yasui sponsored by Councilmember Moyles
Councilmember Anderson requested removal of Item 4 F Consent Calendar.
';;~/~..,.% .! MOY..LES/PETERSON MOVED ~APPROVAL OF CONSENT CALENDAR WITH
~.'~..~. .REMOVALOFFEEM4F Passed'5-0 ...... '
COUncilmember Anderson questioned Resolution 85-9.72; the City Manager reviewed the
, sm'v, ey of adj acen~ cities conducted to arrive at the salary ranges presented.
MOYLES/PETERSON MOVED APPROVAL OF 1TEM 4 F OF CONSENT CALENDAR.
- , Passed 5-0. ,,, · ,
,~ 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC:
A. Oral Communications from the Public and Commissions '-
Mr. Bill Carl:ion, Bella Mia Restaurant, requested that until Parking District 3 was
completed, allowance for parking spaces would be relaxed on Sundays and eveningS;
in addition he stated that he was unable to obtain a Permit to install a fire escape.
The City Attorney noted that while the Fire District might allow additional seating ,upstairs,
the Planning Depa~ iment would not allow any additional seating due to lack of sufficient
parking. The proposed fire escape would elimihate two parking places and in addition,
such would allow a substantial increase in the permitted occupancy of the upstairs further
aggravating the parIcing ~ituation.
Councilmember Anderson noted that restaurants were key to the success of the Village
itself; restfictions may impose further hardship on these restaurants and she suggested
consideration of the request. Councilmember Peterson stated that the City had to look to
the property itself to provide necessary parking.
Mr. David Pines, former Planning Commissioner, requested that the Commission consider
the Design Review Ordinance regarding a site coverage limitation for commemial uses. He
cited the recent approval of a commercial development with 94% site coverage, building
coverage at 34.1%; he noted the strict limitation of site and impervious coverage on
residential uses. The City now had another project on Saratoga-Sunnyvale Rd. which
would essentiaily be 100% site coverage with the exception of 4-5 Oak trees planted in the
right-of-way. In response to the City Manager's question, he replied: that a minimum
landscape requirement may not address this issue since in the project cited, landscaping
was to the rear of the buildings.
B. Written Communications from the Public
1.Letter from Thomas A. Tisch, 15040 Encina Ct., suggesting contact with City
of Los Altos in connection with Highway 85 negotiations.
Consensus reached by the Council to note, acknowledge and fie.
· - 2. Letter from George E. and Nancy G. Kirk, 20270 La Paloma, requesting
rehnbursement for sidewalk repairs.
Councilmember Moyles endorsed Staff recommended action to deny; he added that he had not
intended that the City assume responsibility for expenses incurred by private citizens.
Councilmember Peterson noted that a precedent might be set by any such action.
Ms. Kirk noted her concern for the safety of pedestrians in deciding to complete the work
needed and asked for consideration of the Council regarding the expenses incurred.
Consensus reached to deny request; the Council noted that a policy of reimbursement could not
be adopted and that precedent might be set by acknowledging the claim made.
MEETING OF THE CITY COUNCIl. Page
MAY 20, 1987
6. OLD BUSINESS
A. Building Inspection Services Agreement with City of Monte Sereno
Continued from May 6, 1987.
'ITne City Manager reported that the City of Monte Sereno was agreeable to the new agreement
a~ proposed with a change from the 60 day cancellation notice to a 90 day canceila~iori riolice.
PETERSON/CLEVENGER MOVED APPROVAL OF AGREEMENT TO PROVIDE PLAN
CHECKING AND INSPECTION SERVICES TO THE CITY OF MONTE SERENO.
Passed 5-0.
B. Revision of Conflict of Interest Policy, Continued from May 6, 1987.
The City Manager stated that the second draft of the Conflict of Interest Policy had incorporated
comments made by the Council in attendance at the previous hearing. Councilmember Peterson
questioned the wording in the fourth paragraph, reading, "..engaging in work for a client..."
The City Attorney noted that the situation addressed was not simply having a client who comes
before a Commission, rather the issue was representing a client before the Commission.
Mr. Pines stated that information from the Fair Political Practices Commission required that
Commissioners/Councilmembers were not allowed to vote on items in their "immediate
neighborhood;" this term had not been clearly defined. Citizens Who contacted him were
concerned regarding a rapport Or relationship with City Staff that some may have while other
citizens did not. He noted that the Council itself had stated in considering his resignation from
the Planning Commission, that the issue was trust and appearances and suggested that
Councilmembers make known at the time of a hearing, campaign contributions received.
Councilmember Moyles noted offense at comments made above and stated that he heard
nothing of substance that would affect deliberation on the Conflict of Interest Policy.
Mayor Hlava indicated ihat she had discussed her concerns with Councilmember Peterson
earlier and concurred with him that the following wording would meet the intent of the
Council, to read, "...where they would be representing a client before the body on which they
sit or where they are engaging in work which the client would be presenting to the body on
which they sit." The City Attorney reviewed the differences between State Law and the
proposed Conflict of Interest Policy and noted that the Policy addressed the times that a
member of the Council or Commission must decline a potential client or business.
Mayor Hlava noted the conflict that existed when a policy maker a~. so · acted on behalf of a
client. Councilmember Moyles stated that a p.roblem arose if an engagement related to or
paralleled the relationship present in the public forum; thus, this issue needed to be addressed
in the Policy. Councilmember Peterson did not dispute the concept but questioned the
application of the concept in a small community such as Saratoga. The City Attorney
suggested that the Council make clear to an applicant at the time of interview for the Planning
Commission that the City expected that they will not accept business that will come before the
Commission either in directly representing the client or where work would be done behind the
.scenes. Language could read, "of engaging in work for.."
Councilmember Moyles noted the importance of the nexus between business engagement and
the business of the public; he favored a clearly stated concept. Councilmember Peterson
suggested wording to read, "...from engaging in any business relationship where they would
be representing or engaging in work for a client whose business would come before the body
on which an individual sits 'that would create the perception of conflict of interest."'
Councilmember Moyles noted that the standard applied was the securing of a benefit, or relief
from a determent, peculiar or different from everyone else.
Consensus reached by the Council to Continue this Item to June 3, 1987.
MEETING OF TIlE CITY COUNCIL Page 4
MAY 20, 1987
7. NEW BUS][NESS
A. Removal of Fruitvale Avenue Cr0sswalk at Redwood School
The City Engineer reviewed Staff Reports and recommended removal of the crosswalk.
'i .:. ,'::PETERSON/M6YLE~' ': REMOVAL OF ~ROSSWALI~ ON FRUITVALE
AVENUE AT REDWOOD SCHOOL. Passed 5-0. ·
· :.. ' :-i :B.: Resolution MV-171. Limiting Parking in Front of.VfllagC Library. .
The City Engineer reviewed Staff Report of May 20, 1987, recu,,,endLr~J. approval of a
,. change in the parIcing limitation along the library frontage; however Staff was not in favor of
the elimination of parking restrictions opposite the library.
PETERSON/HLAVA':" ~' "'"
. MOVED ADOPTION OF RESOLUTION MV-171' PROHIBITING
" PARKING ON A PORTION OF OAK STREET AND LIMITING PARKING TO ONE.
HOUR ON A PORTION 'OF OAK STREET. Passed 5-0.
.' C. Resolution 1011.3 Repealing Resolution 1011.2 Relating t~ Finance Advisory
Committee
CLEVENGERJHLAVA MOVED APPROVAL OF RESOLUTION 1011.3 REPEALING
RESOLUTION 1011.2 CONCERNING FINANCE ADVISORY COMMITFEE. Passed 5-0.
" · . Mayor Hlava proceeded tO PUblic Hearings.
' ' ' 8. PUBLIC HEARINGS
A. Ordinance amending ArtiCle 7-20 of the City Code by adding Section 7-20.225
· ~ relating to animals and vehicles (furst reading)
The City Manager called attention to additional information, namely, a Memorandum relative to
the Safety Commission's endorsement of the proposed Ordinance Amendment.
The PublXc Hearing was opened at 8:25 P.M. There were no speakers.
ANDERSON/CLEVENGER MOVED TO CLOSE THE PUBLIC HEARING AT 8:26 P.M.
Passed 5-0.
CLEVENGER/MOVED TO INTRODUCE AN ORDINANCE A1ViENDING ARTICLE 7-20
OF ~ CITY CODE BY ADDING SECTION 7-20.225 RELATING TO ANIMALS AND
: .. VEHICLES. Passed 5-0.
B. Consideration of Saratoga Village Plan recommended for conceptual approval by
Village, Task Force and Planning Commission.
Planning Director Hsia reviewed the history of the Saratoga Village Plan and stated that the
Planning Commission supported the proposed plan with the following exceptions:
Recommendation that the decision making authority for land use and design review for the
Village property rest with the Planning Commission and not with a separate Village
Committee as recommended by the consultant
Recommendation that a detailed traffic study be conducted.
Mx. Stephan Lafer, Consultant, reviewed the Village Plan as follows:
Land Use/Zonins,:
- Commercial zoning on the east side of Saratoga-Sunnyvale Rd. be rezoned for
Professional-Administrative use. Commercial/retail use on the west side only.
CC and CV zoning were not appropriate zoning districts, nor in character with the
.- atmosphere of the Village; inappropriate uses would be permitted under such zoning.
MEETING OF THE CITY COUNCIL Page 5
MAY 20, 1987
PUBLIC HEARINGS Continued
Proposed C-H Ordinance would restrict parking to the rear of buildings, prohibit
administrative/financial uses at street level, to the front of buildings, require design review
procedures, incorporation of open spaces and landscaping in new buildings and would
permit Hotels only in upper levels or to the rear of. buildings.
C-H-1 and C-H-2 zoning districts were reviewed; these two leveli of intensity of
development would retain the current C0hfi~,.n'aton aJzeady present in the Village. .
· - happropriate uses would continue at present' as existing non-conforming uses. :
CircUlation and Parking:
On c., Councilmembers questioned the recommendation for a traffic study, noting the cost of
such a study and a preference for use of any monies on other improvements in the Village.
Mr. Lafer reviewed his observations on traffic/parking problems and noted that working within
the limitation of Big Basin being a state highway and the fact that no one was suggesting that
the fabric of the Village be destroyed, he suggested the following:
Left turn lanes with adequate stacking space thus clearing the through lanes for traffic
Parking District 3 would restore the parking spaces eliminated from left turn lanes
Signs noting pedestrian traffic, directions for parking, traffic lights and a turn around.
Utilization of parking on north side of the Village
Public access from the rear of shops on Big Basin Way
Consideration of a parking structure in the future; placement to be in Parking District 3.
Councilmember Peterson was not favorable to consideration of a parking structure and
suggested that such may give the perception of a hidden agenda; he was favorable to Parking
District 3. Councilmember Clevenger concurred and noted that her perception of the Creek
area would be the development of pathways; Mr. Lafer noted that the development of pathways
by the Creek was suggested in the Plan.
Consensus reached by the Council to eliminate the proposed parking structure.
Design Guidelines:
Imposition of a historical theme was rejected; the eclectic nature of the Village was noted.
Intent of the Guidelines was to maintain a small scale, pedestrian environment
Proposed Village Design Review Committee was rejected by the Planning Commission
Public improvements for the downtown area were discussed
Councilmember Moyles complimented Mr. Lafer on the section entitled, Design Guidelines; in
response to questions, Mr. Lafer stated that materials used in the Village were specifically
detailed for legal and design review considerations as well as practical reasons.
Implementation: Estimated costs were noted.
The Public Hearing was opened at 9:23 P.M.
Mr. Miles Rankin, Village Merchants Association, presented a letter from Mr. Frank Behnke,
President, Village Merchants Association, in favor of the following issues:
One commercial zone in the Village due to the limited size of the downtown area
Height limitations should be the same throughout--not to exceed two stories or 35 ft.
Front and rear building entrances available to the public
Consideration of in lieu fees
Prohibition of neon sign; previously approved neon signs to be removed within one year.
Ms. Betty Rowe, 20360 Saratoga-Los Gatos Rd., Saratoga, attended the meeting to insure that
the 500 ft. extension of the Village Boundary had been deleted from the Village Plan.
Ms. Jackie Welch, Jacks Rd., Saratoga, addressed the following issues:
New sidewalks in the Village With a sidewalk from 4th Street to Wildwood Park
Installation of a traffic signal at 6th Street rather than at 4th Street
Suggested the organization of a garden club to oversee maintenance of plants and flowers
Favored restrictions on temporary signs
Specification of canvas for awnings
MEETING OF TIlE CITY COUNCIL .Page 6
MAY 20, 1987
PUBLIC HEARINGS Continued
PETERSON/HLAVA MOVED TO CLOSE THE PUBLIC HEARING AT 9:40 P.M.
Passed 5-0.
.Land Use/Zoning:
a..: ! Consensus reached by the Codncil in:favor o~i~0 zoning districts.
b. ~Cpuncilmember Moyles stated that tt~ee. stories ~Would not-be. acceptable at the natural
'I ~' ~grade~of the Viliage. Consensus. in favor of. two s~0ries on .Big Basin Way, three stories
to the rear of the buildings. Limitation of 35 ft. building height.
c.. Consensus in agreement with Planning Commission Recommendations '
· d." ConSensUs in agreement with the Planning Commission; further information requested.
Circulation and Parking: .. ·,; , .
a. Consensus in thvor of the concept; referral to the Commission for implementation plan
,: b: Consensus to ask the,Commission to rosearch in Heu fees, reporting back to the Council.
~ c. Consensus to delete any consideration of a parking structure
d. Consensus to eliminate a detailed traffic study.. Councilmember Peterson Would consider a
· ;,. specific traffic study. Councilmember Moyles woUld.not entertain the projected cost of a
traffic study; Mayor Hlava, Councilmember Clevenger concurred. Councilmember
Anderson expressed concern regarding turn around.
Design Guidelines:
a. Consensus in fhvor of recommendation Of the Planning Commission
b. Consensus in favor of a clearly stated intent of the Design Guidelines
c. Consensus in favor of recommendation of the~Planning Commission
Implementation:
Mayor, Hlava concm'red with the recommendation of the Planning Commission and felt that
action should be taken; implementation to be tied to the Capital Improvements Program.
Councilmember Moyles concurred and suggested that:
The Saratoga Village Plan along with concurrent general plan and zoning text amendments
be acted upon with all due haste. He asked that the community be involved in this process
through a special noticing of this Public Hearing.
Financing; He asked that the Council and Staff review all possible sources of funding.
Councilmember Peterson added that the above efforts should include improvements on Big
Basin Way; Councilmember Moyles suggested adding sidewalk and landscape maintenance
improvements in conjunction with the major improvements scheduled for Big Basin Way.
Mayor Hlava added Ms. Welch's suggestion of a sidewalk from 4th Street to Wildwood Park.
PETERSON/HLAVA MOVED APPROVAL OF THE CONCEPTUAL SARATOGA
VILLAGE PLAN, DIRECTING STAFF TO PREPARE THE SPECIFIC PLAN AND
IMPLEMENTATION PROGRAM WITH THE INCORPORATION OF SUGGESTIONS
MADE AT THIS }tEARING. Passed 5-0.
Mayor Fllava returned to NEW BUSINESS
D. Resolutions 2420.2, 2420.3 concerning Eandscaping and Lighting District LLA-1
(Existing:)
CLEVENGER/PETERSON MOVED ADOPTION OF RESOLUTION 2420.2, PRE-
LIMINARY APPROVAL OF ENGINEER'S REPORT LANDSCAPING AND LIGHTING
DISTRICT LLA-I. Passed 5-0.
CLEVENGER/ANDERSON MOVED ADOPTION OF RESOLUTION 2420.3 OF
INTENTION TO ORDER THE LEVY AND COLLECTION OF ASSESSMENTS
PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. Passed 5-0.
MEETING OF THE CITY COUNCIL Page 7
MAY 20, 1987
NEW BUSINESS Continued
E. Resolutions 2421.2, 2421.3 concerning Landscaping and Lighting District LLA-I
(Annexation)
CLEVENGER/PETERSON MOVED ADOPTION OF RESOLUTION 2421.2 PRE-
LIMINARY APPROVAL OF ENGINEER'S REPORT AND RESOLUTION 2421.3 OF
INTENTION TO ORDER THE ANNEXATION OF TERRITORY TO AN EXISTING
ASSESSMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN SAID TERRITORY PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972. Passed 5-0.
9. CITY COUNCIL ITEMS:
A. Reports from Individual Councilmembers
Mayor Hlava reported a phone cull from a neighbor of Mr. D. Smith regarding action to be
taken by the City in this matter.
She asked Councilmember Peterson to substitute for her at the June 14, 1987, Odd
Fellows Meeting.
Councilmember Anderson reported on the Transportation Commission Meeting.
She reported on the Meeting of the Water District.
B. Consideration of Meeting Schedule for Summer 1987
Consensus reached to cancel the Meeting of the City Council of August 5, 1987
· D~ TO CLOSED SESSION TO DISCUSS PENDING LITIGATION IN
THE CASES OF BOLGER ET AL., TEERLINK, SMITH, AND MAGNETY AT AT 10:20
P.M.
Respectfully submitted,