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HomeMy WebLinkAbout02-03-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, February 3, 1993 PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting 6~45 p.m. - Interviews with Libtax7 commission Applicants Former Council Office (to right of Civic Theater Lobby) The Council interviewed Sally Towse, Karen Ceppos, Jack Grantham, and Dorathy Skow. They then proceeded to the Council Chambers. Mayor Anderson called the regular meeting to order at 7:35 p.m. Pledge of Allegiance Mayor Anderson said the Pledge of Allegiance in Memory of Madeline Martin. 1. ROLL CALL Councilmembers Present: Tucker, Burger, Monla, Kohler, Mayor Anderson Staff Present: City Manager Peacock, City Attorney Riback, City Engineer Perlin Mayor Anderson noted the City Manager has requested additional items be added to the agenda. MONIA/KOHLER MOVED TO ADD DISCUSSION OF THE SAN JOSE LANDFILL LITIGATION, UNDER THE CLOSED 8ESSION. PASSED 5-0. MONIA/TUCKER MOVED TO ADD DISCUSSION OF THE CITY MANAGEMENTASSOCIATION EXCHANGE PROGRAM, UNDER NEW BUSINESS. PASSED 5-0. 2. CEREMONIAL ITEMS A. Resolution appointing Asfour, Jacobs and Wolfe to Planning Commission BURGER/KOHLER NOVED TO i~OPT RESOLUTION 93-006 APPOINTING ASFOUR, JACOBS AND WOLFE TO THE PLANNING COMMISSION. PASSED 5-0. B. Administration of Oath of Office to above C. Resolutions commending Dennis Favero and Malcolm Forbes for service on Planning commission TUCKER/BURGER MOVED TO ADOPT RESOLUTIONS COMMENDING DENNIS FAVERO AND MALCOLM FORBES FOR SERVICE ON THE PLANNING COMMISSION. PASSED 5-0. D. Proclamation on Engineering Week 3. ROUTINE MATTERS A. Approval of Minutes - 1/20~ 1/26 MONIA/KOHLER MOVED TO APPROVE THE MINUTES OF JANUARY 20, 1993, AS PRESENTED. PASSED 5-0. KOHLER/BURGER MOVED TO APPROVE THE MINUTES OF JANUARY 26# 1993, AS PRESENTED PASSED 5-0. B. Approval of Warrant List MONIA/TUCRER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. 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 29. 4. CONSENT CALENDAR City Council Minutes 2 February 3, 1993 A. Planning Commission Actions, 1/27 - Note and file. Quarterly Financial Report and Certificate of Actual Cost to Construct Hakone Gardens cultural exchange Center -. Rakone Foundation - Receive and file; review with Hakone Foundation at joint meeting scheduled for March 23, 1993. C. Authorization of 10K Montalvo Run/walk on April 17, 1993, conditloned on compliance with all requirements of Specia1 Events Ordinance E.Ordinance71-119amending procedures for Extensions of Time for Design Review Approvals (second reading and adoption) F. Ordinance 71-120 amending the City Code to require Class A roofs in designated hazardous fire areas for certain types of Construction (second reading and adoption) Councilmember Tucker requested the removal of item 4D. MONIA/TUCKER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEM 4D. PASSED 5-0. D. Report from Environmental Programs Manager on 1991-92 Recycling Program Councilmember Tucker requested that Mayor Anderson give an update on where the City is, regarding the Environmental Program. Mayor Anderson stated Saratoga is a leader in the Community with regards to solid waste. She noted they are past the 1995 deadline at this time. TUCKER/BURGER MOVED TO APPROVE ITEM 4D. PASSED 5-0. . 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. REPORT FROM CITY MANAGER: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS B. ORAL COMMUNICATIONS Ms. Jo Matheson, Saratoga Village Association, 14401 Big Basin Way, addressed dedication plaques. She read a letter which was presented to the Councilmembers. Mayor Anderson suggested that the Village Association raise funds for a bench on which the plaques can be placed. She suggested Ms. Matheson work with staff. Councilmember Monia stated the City has a policy, that they could not provide benches to the many volunteers, but will support the groups or individuals who want to provide dedication plaques and benches. Ms. Lillian Benson, 14521 Big Basin Way, stated Madeline Martin was a wonderful person and plaques should be dedicated to her. She suggested antique lampposts on the bridge at Wildwood Park for the plaques. Mr. Dick Siegfried, 13388 Surrey Ln., President, Good Government Group, addressed item 5A on the agenda. He noted this was a suggestion the members of the Good Government Group were going to suggest. He noted it important that the television aspect of the meetings work. He stated this is a positive step and congratulated the Council. Ms. Lea Ann Hernandez, 18926 Afton Ave., noted she worked with Madeline Martin, and stated there is no one more deserving of a dedication. C. WRITTEN COMMUNICATIONS 1) Request for consideration of amendment of PERS City Council Minutes 3 February 3, 1993 contract to allow 2% at 55 retirement option City Manager Peacock presented a memo from employees dated February 3, 1993. He noted this is a proposal from the employees to amend the contract with the Public Employees Retirement System. He noted- regardless of the decision the Council makes, this will affect all employees, including management. He stated the contract with the Employees Association ends in June. He also stated it is important for the City Council to indicate whether they are receptive to changing the " system, regardless of how it is funded. In response to Councilmember Monia's question, Mr. Peacock stated 2% of payroll is approximately $50,000. He added this is a new option, noting Santa Clara County and the City of Cupertino have adopted it. Councilmember Monia suggested dealing with this when negotiations start. MONIA/KOHLER MOVED TO TABLE THIS ITEM TO BE INCLUDED AS PART OF THE NEGOTIATIONS WITH THE PUBLIC EMPLOYEES. PASSED 5-0. 6. OLD BUSINESS A. Report from Maintenance Director on Ravenwood Park Master Plan Staff recommends that the City Council approve the Master Plan and authorize preparation of improvement plans for construction of park; direct staff to issue a purchase order to Jeffrey Heid in the amount of $600 to assist with Professional Architectural Services, to work with the various volunteers, and to proceed to bidding to construct the park within the current budget. Mr. Dan Trinidad, Parks & Recreation Department, presented the staff report dated January 26, 1993. He stated the volunteer effort values at approximately $8800. He stated the proposal is to obtain Council approval to design the park and go to bid, at that time he will return to Council for final approval. In response to Mayor Anderson's question, City Attorney Riback stated the action which was filed upon the City Councilmembers at this meeting should have no impact on their decision regarding the Ravenwood Park Master Plan. He noted defense costs will be involved in the law suit, but will be kept to a minimum. In response to Councilmember Monia's question, regarding the value of the volunteer service, Mr. Trinidad stated it is his intent to use the $25000 plus the $8800. He noted they hope to obtain a play structure with the extra money. City Manager Peacock stated when the bid comes in, and if there is money left over, additional items, up to the amount of the budget, can be added. Councilmember Tucker stated there are other parks that need to be developed and monies should be disbursed accordingly. Ms. Monique Drumm, 18345 Montpere Way,. spoke in support of the Ravenwood Park. She noted there are 40 children in the immediate- neighborhood of the park and presented a petition in favor. She added volunteers have offered to do the grading for the park. She noted $1300 has been raised through donations and fund raising for a play structure. She stated Lisa Krush volunteered to design the park and feels this is the lowest budget park to be developed in Saratoga. She urged approval. Councilmember Monia thanked Ms. Drumm for the $1300 raised. MONIA/KOHLER MOVED APPROVAL OF THE RAVENWOOD PARK MASTER PLAN AS PRESENTED AND AUTHORIZE THE PREPARATION OF THE IMPROVEMENT PLANS FOR THE CONSTRUCTION OF THE PARK. PASSED 5-0. City Council Minutes 4 Februaz7 3, 1993 MONIA/TUCKER MOVED TO ISSUE A PURCHASE ORDER TO JEFFREY HElD IN THE AMOUNT OF $600. PASSED 5-0. 7. NEW BUSINESS A. Report on Conditions and Suggested Uses for Businesses in Commercial Zones, including 24-hour businesses Planning Director Curtis presented the staff report dated January 29, 1993. He reviewed the alternatives to 24 hour operations, as outlined' in the staff report. He stated 24 hour operations can have a potential to create an impact on a residential neighborhood. He added the purpose of the use permit is not necessarily to deny 24 hour use. It is to review it at a public hearing and require conditions on the use that would reduce the impact to a level which is acceptable. He feels the amendment addresses the concerns of businesses, residents and the City. In response to Councilmember Monia's question, Mr. Curtis stated the hours of 6 a.m. to 1 a.m. were selected so as not to create non- conforming uses. He also feels this is consistent with the hours of operation in existing business. He also noted that bars are subject to their own use permits. City Manager Peacock stated the requirement for conditional use permits for establishments who sell liquor, is relatively new. He stated there is no opportunity to add additional conditions unless owners change. Councilmember Monia stated 24 hour service is a City wide problem. He suggested making a declaration, while the City 'is in the process of preparing the change. Planning Director Curtis explained a moratorium option and noted this can be adopted in an emergency. City Attorney Riback stated the appropriate action would be to prohibit the issuance of any permit for 24 hour activity or beyond 1 a.m. and prior to 6 a.m. He stated findings must be established. Councilmember Tucker questioned complaints regarding 24 hour operations and also asked which zoning would be appropriate for an all night medical clinic. Mr. Curtis stated an all night clinic would be PA zoning. He stated they have received several complaints regarding the 24 hour use, but feels noise is the issue. He noted according to the Sheriff's Department, burglaries are reduced as a result of 24 hour operations. He added there is no record of a significant number of complaints. In response to Councilmember Kohler's question, Mr. Curtis stated this item will go before the Planning Commission in March and should become effective in May. He also noted the 24 hour Nautilus is an existing use and would not be subject to the new code requirements. He added if a future use comes in and wants to operate the same hours, the City could restrict entrance doors, driveways, parking etc. Councilmember Burger expressed concern about 24 hour operations in ,general, and spoke in favor of the Conditional Use Permit concept. She noted she spent time talking to the Manager of Safeway, the Manager at Quito Oaks Shopping Center and the Manager of the Nautilus and was assured by all three that they are very interested in being good neighbors in Saratoga. She noted staff from the Nautilus have been working with the planning staff on the location of their doors etc. Mayor Anderson noted she attended a Chamber of Commerce meeting, and a Deputy Sheriff indicated they welcome 24 hour operations as this reduces the number of burglaries. She noted she spoke to people in the Quito Shopping Center who are looking forward to 24 hour Nautilus customers being customers to other shops in the center. She spoke in support of a Conditional Use Permit concept. City Council Minutes 5 February 3, 1993 Councilmember Monia stated when a business decides to go to 24 hours, the City should have the option to add additional requirements. Councilmember Burger stated the Council does not anticipate a run of 24 hour businesses opening in Saratoga. Mr. Jerry Kccir, 12855 Saratoga-Sunnyvale Rd., expressed concern about 24 hour operations in his neighborhood. He addressed the 1974 General Plan regarding noise. He stated it is not the business itself that is the problem; it is the customers and the noise factor that is created. He also expressed concern about drug use when 24 hour businesses operate. Councilmember Burger stated if there is a Conditional Use Permit process and a public hearing is held, this will determine if a 24 hour business can operate. MONIA/KOHLER MOVED TO DIRECT STAFF TO PREPARE A CODE AMENDMENT REQUIRING A CONDITIONAL USE PERMIT FOR BUSINESSES LOCATED IN ANY COMMERCIAL ZONING DISTRICT WHICH PROPOSES TO PROVIDE CUSTOMER SERVICE BETWEEN 1:00 A.M. TO 6:00 A.M. Councilmember Tucker stated an all night clinic could present a problem and suggested including the PA zone. In response to Mayor Anderson's question, City Manager Peacock stated he discussed the amendment with the Planning Director and the City Attorney. He stated staff's recommendation is consistent with his view. He stated the Conditional Use Permit process is a good move on part of the City. He added there is a procedure under the Municipal Code regarding existing 24 hour operations. He concurred with Councilmember Tucker regarding the PA zoning. TUCKER/MONIA MOVED TO AMEND THE MOTION TO INCLUDE PA ZONING DISTRICT IN THE CONDITIONAL USE PERMIT. PASSED 5-0. The above motion was carried 5-0. Councilmember Monia stated that people should be put on notice, regarding the Conditional Use Permit, as this is a citywide problem. Planning Director Curtis stated he is in agreement with this. City Manager Peacock stated this should be done, as it is possible that a use could require minimal interior changes, so building permits would be handled over the counter. He stated this is a concern and a 45 day moratorium would be appropriate. MONIA/KOHLER MOVED TO INSTRUCT THE CITY ATTORNEY TO RETURNAT THE NEXT MEETING WITH AN URGENCY ORDINANCE CONCERNING 24 HOUR OPERATIONS. Mayor Anderson expressed concern about establishing findings. City Attorney Riback stated the City needs to make findings expressing their concern over the detrimental impacts that a 24 hour operation may have on the community, especially when the business is located in the vicinity of a residential neighborhood. Mr. Peacock stated when the new ordinance is adopted the emergency ordinance no longer exists. The above motion was carried. Passed 5-0. B. Memo Authorizing Publicity for Upcoming Hearings Staff recommends that the City Council approve the publicity as recommended. City Manager Peacock noted he received a letter from South Bay Cable objecting to a number of the provisions of the franchise in the City Council Minutes 6 February 3, 1993 agreement. He stated this matter will be delayed until March. Mayor Anderson stated individuals need to be noticed regarding the Commercial Property Maintenance Ordinance. She also asked for a status report on the Wall proposed at the Quito Oaks Shopping Center. Mr. Peacock noted Mr. Curtis has a verbal commitment from the Management of the Shopping Center. They have until February 26, 1993 to bring in plans for the wall. 8. PUBLIC BEARINGS - 8:30 p.m. A. Ordinance Amending Temporary Politlcal Sign Ordinance to require declaration of intent to install such signs (first reading and introduction) Staff recommends that the City Council introduce the ordinance by title. only, waiving further reading. City Manager Peacock presented the staff report. He noted this is a technical change to the Ordinance. Mayor Anderson opened the public hearing at 9:09 p.m. The public hearing was closed at 9:09 p.m. In response to Councilmember Monia's questions, Mr. Peacock stated this Ordinance will be sent to candidates running for office. He also noted the cost involved would be the actual cost of removing the signs. City Attorney Riback stated a fee in advance for removing signs which are potentially in violation of the Ordinance is considered to be arbitrary. Councilmember Monia stated the wording in Section D should be clarified. Mr. Peacock stated this will be done. In response to Mayor Anderson's question, Mr. Riback stated noticing can be in writing, by phone or in person. MONIA/KOHLER MOVED TO APPROVE THE CHANGE IN SECTION 15-30.160 RELATING TO TEMPORARY POLITICAL SIGNS AS AMENDED AT THIS HEARING. PASSED 5-0. 7. C. International City Management Association Exchange Program City Manager Peacock stated he has been chosen to participate in an International City Management Exchange Program. He stated he needs to notify ICMA. He added he needs approval from the City Council to attend the ICMA Conference in Nashville and also approval to use his accumulated leave time to be absent for three to four weeks in February 1994 to travel to Australia. He stated he will be paying all expenses. Councilmember Burger congratulated Mr. Peacock on being chosen. BURGER/TUCKER MOVED TO APPROVE THE CITY MANAGER ATTENDING THE ICMA CONFERENCE. PASSED 5-0. In response to Councilmember Kohler's question, Mr. Peacock stated he was notified about this matter after the agenda was put together. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications City Manager Peacock stated staff will work with Jo Matheson regarding the plaques. Councilmember Monia stated Dr. Schwartz did fax his concerns to him (addressed at the last meeting). He presented a copy to each Councilmember. He noted he would like a response at the next meeting. City Council Minutes 7 Februar~ 3, 1993 Councilmember Monia addressed the study session regarding the emergency procedure. He noted he would like a repor~c from staff regarding the procedures and the chain of command. City Manager Peacock stated the procedures are in writing and he does carry a card which outlines the procedures. Councilmember Monia stated Mr. O'Rorke suggested a joint meeting with the City Council and the Public Safety Commission on this issue. Mr. Monia also asked if there is a yearly training schedule for employees? He noted this should be reviewed. Councilmember Burger stated this should be put on the agenda for the March 9, 1993, joint meeting with the Public Safety Commission. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board - Monia 3. HCD Policy Committee - Tucker 4. Transportation Commission - Anderson 5. Hakone Foundation - Tucker 6. IGC - Kohler 7. Flood Control Advisory Board - Burger 8. League of Cities Peninsula Division - Tucker 9. Water District Commission - Anderson 10. Santa Clara County Cities Association - Tucker 11. Sister City Committee - Burger 12. Traffic Authority Policy Advisory Board - Tucker 13. Transit Assist Board - Burger 14. Senior Coordinating Committee - Burger 15. West Valley Sanitation District - Burger Mayor Anderson reported on the Transportation Commission meeting. She noted the Board of Supervisors have cut all Commission meetings in half. Councilmember Tucker reported on the Santa Clara County Cities Association dinner meeting. She stated the overriding message was that Counties, Cities and Districts need to work together and keep pressure on the State. Councilmember Tucker stated she attended the Peninsula Division dinner meeting. She stated booklets on the Democrats Proposal for Economic Recovery was passed out at the meeting. A copy was given to Councilmembers. She stated solid waste was also discussed. Councilmember Burger stated she attended the Sister City Committee meeting, no action was taken. She noted the Sanitation District took action on sewer line breaks on Saratoga Avenue, which was not being handled properly by property owners. City Attorney Riback stated he iS preparing the necessary papers to take to court to obtain an order from the court to allow the City to enter On the property to do the necessary work. He noted if the property owners submit the necessary fines 'for the work they will not have to go to court. .' Councilmember Burger stated she will be attending the League of California Cities Employees Relation Institute on 24th and 25th February. Mayor Anderson reported on a meeting with Senator Morgan. She stated the Cities outlined their concerns and Senator Morgan announced she was bringing back her Regional Government Bill. Mayor Anderson stated, as public officials, they can campaign against public officials who are not addressing Cities' needs. C. General Council Items city Council Minutes S Februazy 3, 1993 1) Agenda items for joint meeting with West Valley/Mission Community College District Board on Februar~ 9 The Councilmembers agreed to add the following topics: 1. Explore joint library services with West Valley College; 2. Use of classrooms and meeting rooms; 3. Use of swimming pool; 4. Use of theater. Councilmember Moni'a also suggested exploring a long range program to raise funds to build a gymnasium. He noted there is a big demand for the recreation activities and this should be looked into. City Manager Peacock stated this was discussed and will be addressed at their meeting in March. 2) Agenda items for Joint meeting with Saratoga Vnion School District on February 23 Councilmember Monia stated it is important to discuss the status of the afternoon programs. City Manager Peacock stated he is concerned that this program is not returning enough money to cover the costs. City Manager Peacock suggested the library services be discussed at this meeting. He noted Senator Morgan is interested in how cities and districts can work together. He stated if there are legal impediments in doing this, Senator Morgan may be of help. 3) Agenda items for Council Policy Development Conference March 12-13 Staff recommends that the City Council itemize the lists of topics for possible inclusion on City Council Policy Development Conference Agenda. Final agenda will be adopted by the City Council on February 17. Councilmember Burger noted she will provide her list of suggestions to the City Manager tomorrow. 4) Other Mayor Anderson thanked the Councilmembers and staff for adjourning in her mother~s memory. 10. AIXTOURNKENT The meeting adjourned at 10:00 p.m, in memory of Maxins Palmet to a closed session. 11. CLOSED SESSION on personnel matters concerning City Attorney evaluation and management compensation and on pending litigation in the case of Wanka vs. Saratoga and San Jose Landfill Litigation. The City Council completed its closed session at 11:10 p.m. In the closed session it issued the following instructions: Directed the City Attorney to defend the City in Sharon vs. City of Saratoga. Directed the City Attorney to prepare a letter agreement with the Montalvo Association which incorporates the requirements of the court in Wanka vs. Montalvo plus the Traffic Control Measures set forth in the 1992 conditions agreement letter of April 10, 1992, from Debra L. Cauble, Attorney for the Montalvo Association for performances at Villa Montalvo. These stipulations and measures to remain in effect indefinltely until further notice by the City. city council xinutes 9 Februaz~ 3, X993 Agreed to continue to participate in the San Jose Landfill Tax litigation at a total cost to ~he City not to exceed $4,760. The City Attorney to so inform lead counsel. Agreed to continue discussion of the management compensation plan to 6:30 p.m. on February 23, 1993, when the City Manager will present a change to the plan as outlined by the City Council in the closed session. The Council then adjourned to 7:30 p.m. on February 9 for a joint meeting with the West Valley-Mission College Joint Community College District Board. (Clerk's Note:- The meeting was later cancelled.) Respectfully submitted, Minutes Clerk