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HomeMy WebLinkAbout04-21-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Wednesday, April 21, 1993 - 7:30 p.m. PLACE: Civic Theater, 13777 Fruitvale Ave. TYPE: Regular Meeting Pledge of Allegiance Councilmember Burger said the Pledge of Al'legiance in honor of Melita Oden. 1. ROLL CALL Councilmembers Present: Burger, Tucker, Monia, Kohler, Mayor Anderson Staff Present: City Manager Peacock, City Engineer Perlin, City Attorney Riback, Finance Director Shriver 2. CEREMONIAL ITEMS , A. Resolution commending Peter Sabin for service on Heritage Preservation Commission MONIA/TUCKER MOVED TO ADOPT A RESOLUTION COMMENDING PETER MABIN FOR SERVICE ON THE HERITAGE PRESERVATION COMMISSION. PASSED 5-0. B. Resolution making Appointments to Heritage Preservation Commission MONIA/TUCKER MOVED TO ADOPT RESOLUTION 93-012 APPOINTING DAVIS, DUTRA, AND PECK TO THE HERITAGE PRESERVATION COMMISSION. PASSED 5-0. C. Administration of Oath of Office to above City Manager Peacock noted the City Engineer requests an item be added to the agenda regarding Capital Project No. 961 TUCKER/BURGER MOVED TO ADD THE ABOVE REQUEST TO THE AGENDA UNDER ITEM 7B. PASSED 5-0. 3. ROUTINE MATTERS A. Approval of Minutes -, 4/7; 4/13 Councilmember Burger made the following changes to the minutes of 4/7: Page 6, 7th paragraph add the words "flush with the wall" after "up" in the last sentence. She would also like the minutes to reflect that one of the main reasons she voted against the motion was the fact that she referred to the importance of full economic use and enjoyment of ones private property. Mayor Anderson addressed the comments in the minutes regarding cablevision and MTV. She noted Hilary Clinton expressed concern about the quality of TV. MONIA/BURGER MOVED TO APPROVE THE MINUTES OF 4/7, AS AMENDED. PASSED 5-0. KOHLER/BURGER MOVED TO APPROVE THE MINUTES OF 4/13, AS PRESENTED. PASSED 5-0. B. Approval of Warrant List MONIA/TUCKER MOVED TO APPROVE THE WARRANT LIST. PASSED 5-0. C. Report of City Clerk on Posting of Agen~a Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on April 16. 4. CONSENT CALENDAR A. Planning Commission Actions, 4/13 - Note and file~ City Council Minutes 2 April 21, 1993 B.' .Public Safety Commission Hinutes, - 4/12 - Note and file. C. Resolution 93-013 denying Johnson Appeal heard 4/7 D. Resolution 93-014 revising order of business at City council meetings to move closed sessions to beginning of agendas as directed by City Council E. Hakone Foundation Revenues - 3/S 'to 4/7 N. Quarterly Report from City Engineer on Departmental Operations Councilmember Kohler requested the removal of item G, Mayor-Anderson requested the removal of item F, as it relates to item G. MONIA/BURGER MOVED TO APPROVE THE CONSENT CALENDAR WITH THE EXCEPTION OF ITEMS F AND G. PASSED 5-0. O. Quarterly Quarry Creek Trust Report Councilmember Kohler stated the Quarry Creek Trust Report is less that he thought it should be. Ms. Patricia Shriver, Finance Director, stated the only costs posted are the $66 spent in August 1992 and the $85 spent in February 1993. In response to Councilmember Kohler's question, regarding the funds to clean up of the creek, City Manager Peacock stated this is a storm drain maintenance and is part of the regular budget. F. .City Financial Reports' for March~ 9-Month Status Report~ Cash and Investments Report~ Treasurer,s Reports Comparative Financial Reports Mayor Anderson questioned the Treasurer Report Fund Balance. Ms. Shriver stated the Housing Assistance fund is part of the $1.5 million. In response to Mayor Anderson'squestion regarding maintenance services in 1991 and 1992, City Manager Peacock stated the major pavement management work was moved to operations. He added the Capital Projects should only deal with improvements of roads. and not routine maintenance. Ms. Shriver explained the restricted and general funds. City Manager Peacock stated the Council has to distinguish between operational and non-operational funds. In response to Councilmember Monia's question regarding discretionary and restricted funds, Mr. Peacock stated the budget documents will show the funding sources of each activity. Mayor Anderson stated she would like to see which funds can be used for operations. MONIA/KOHLER MOVED TO APPROVE ITEMS F & G. PASSED 5-0. 5. COMMUNICATIONS FROM COMMISSIONS AND THE PUBLIC A. .REPORT FROM CITY MANAGER: FOLLOWUP ON PREVIOUS ORAL COMMUNICATIONS 1) Memo from Public Safety Commission regarding Paramedic SEIU Local 250 Communication to Council Staff recommends that the City Council note and file. Mr. Ronald Swanson, Public Safety Commissioner, noted the Paramedic City Council Minutes 3 April 21, 1993 SEIU did make a presentation to the Public Safety Commission. They also received a letter from management of the Paramedics responding to the letter. He noted they are in the process of collecting information to make a recommendation. B. ORAL COMMUNICATIONS Councilmember Monia stated he would like a report back on the light standard in the Church addressed at the last hearing by Col. Barco. Planning Director curtis stated staff has not contacted the church at this time, but will have a report back at the next Council meeting. C. WRITTEN COMMUNICATIONS 1) Association of Bay Area Governments, requesting support for resolutions addressing State cuts of Local Governments, Funds Councilmember Monia stated it is difficult to support this without having all the information. Councilmember Burger stated the Council should respond, noting they received the information and are in agreement. Mayor Anderson stated she would like to support ABAG's position. City Manager Peacock stated this subject was talked about at the City Managers meeting. He noted there is some reluctance to expect the County to consider this because it puts the Board of Supervisors and certain officials in a position of defying State law. He added that Contra Cost County is proceeding. Mayor Anderson stated there was support for the first resolution at the ABAG meeting.' Mr..Peacock explained the property and sales tax, noting that most major groups are opposed to cutting the 1/2 cent sales tax. Councilmember Tucker stated the Cities Association is going to ask -Cities to pass a resolution supporting the 1/2 cent sales tax. Mayor Anderson feels this is an opportunity to let the State know that they are in support of continuing the sales tax. She spoke in favor of supporting the first resolution. Councilmember Monia stated it is difficult to make a decision when they have only heard one side of the argument. He feels the Council does not have a clear understanding of what the State is doing or why. Councilmember Tucker stated it is her understanding that the tax was put in as a temporary tax to help over the recession. However, because the recession is not over, many legislators want to continue the tax. She expressed concern about an indefinite tax proposal. Councilmember Tucker stated basic reform is needed at the State level. Mayor Anderson suggested an extension for one year as needed, with a yearly review. Councilmember Monia noted he is.attending a meeting regarding this issue and will bring a report back to the Council. MONIA/BURGER MOVED TO CONTINUE THIS ITEM TO APRIL 27, 1993. PASSED 5- 0. 2) Independent Cities Association, requesting that City urge Second Appellate District to accept jurisdiction over City of Alhambra case. City Attorney Riback stated this particular case is an important one and would recommend writing a letter of support. City Council Minutes 4 April 21, 1993 KOHLER/MONIA MOVED TO WRITE A LETTER OF SUPPORT. PASSED 5-0. 3) Prince of Peace Lutheran Church, requesting waiver of temporaz7 use permit fee. Staff recommends that the City Council deny the request in accordance with Council policy. Ms. Meridith Fischer, 12770 Saratoga Ave., stated Prince of the Peace Lutheran Church holds an annual Art & Music Festival in the Fall to raise funds to pay rent for homeless families. She noted all the' proceeds go to the homeless. She addedthis festival is a non-profit event and the payment of the fee will mean less help to the homeless. In response to Mayor Anderson's! question regarding staff hours involved, Planning Director Curtis stated it is difficult to estimate this, but cost is approximately $25 to $30 per hour. Mayor Anderson suggested charging $25/hour as opposed to the fee. She noted the City has not be able to fund non-profit organizations this year and feels this would be a way to help them. Councilmember TUcker expressed concern about budget constraints. Councilmember Burger also expressed concern about budget constraints and adhering to City Policy. Councilmember Kohler stated the Council should implement the policies, and questioned if this is a reasonable fee? He stated the fee schedule should be reviewed. Councilmember Monia stated the policy should be reviewed and defined. He noted it is difficult for staff to determine the actual cost to the City. He feels that requiring fees takes incentives away from these non-profit organization to have fund raisers. Mayor Anderson stated the City should find ways to help organizations. She stated she will be looking at ways, including involving other districts, to help these organizations. Councilmember Monia stated he would like to review the policy and define it. Councilmember Kohler suggested charging the fee and if the policy is changed a rebate can be given back to the church.. City Manager Peacock suggested directing staff to prepare a resolution, as part of the budget process, with regards to changing the policy. He recommended that the Council not make a final decision at this time. Ms. Fischer stated October 2nd has been set for the Festival and she would like a decision at this time. City Manager Peacock stated there is a 45 day noticing period before the Council can change a policy on fees of the type under consideration. Councilmember Burger concurred with Councilmember Kohler's earlier suggestion. Mayor Anderson stated she is willing to support cost recovery. KOHLER/TUCKER MOVED TO DENY TEE REQUEST AND DIRECT STAFF TO DETERMINE THE INCREMENTAL COST RECOVERY, NOT INCLUDING THE OVERMEAD. A REFUND WILL BE ISSUED IF THE FEE IS MORE THAN THE COST RECOVERY. PASSED 4-1 (Monia No). Councilmember Monia stated he votes against the motion because he feels it is the City's obligation to help non-profit organizations In response to Mr. Peacock's concerns, Mayor Anderson stated this City council Minutes 5 April 21, 1993 decision is for this particular case only, regardless of the policy decision. Reverend, Lutheran Church, statedthey will pay the fee and stated this is taking too much time. Mayor Anderson moved to the public hearings. 8. PUBLIC HEARINGS - 8:30 p.m. A. Appeal of denial of ten-year extension of use for existing gasoline service station (ARGO) pursuant to Resolution UP- 550.1 conditions of approval on a parcel of approximately 23,715 sq. ft. at 12600 saratoga Ave. in the RM-5,000 P-C zone district (Appellant/applicant, E. Xaabipour) (continued from 3/17) Planning Director Curtis presented the staff report dated April 16, 1993. He reviewed the City Council's options, as outlined in the staff report. Mr. Curtis noted new signs have been put in place for a one- way system in and out of the station. He stated staff recommends the Council consider the three options. Councilmember Burger stated that Mr. Kaabipour did call her and she did visit the gas station_ and. spoke~ about the plans. She noted staff informed her that this gas station is not revenue neutral. Councilmember Kohler stated he also visited the gas station and is now aware of the tax revenue to the City. In response to Mayor Anderson's question, Mr..Curtis stated there are no arrows beside the pump islands and feels the City needs to be cautious as to how much striping 0r painting should be done. In response to Councilmember Monia's question regarding his preference on the options, Mr. Curtis stated the City Council should retain jurisdiction. He also noted the auto exiting has a potential to be a safety hazard. He stated it is staff's intent to have a one-way traffic system to reduce the points of conflict. In response to Councilmember Monia's question, Mr. Curtis stated if contamination into the storm drains is deemed a public nuisance, this should be looked into. He stated the Council can consider this issue as part of their decision. Regarding intensity, Mr. Curtis stated intensity is measured by the number of pumps and this number will not increase. He stated they do not anticipate an increase in intensity. Mayor Anderson stated she is concerned about sending a message that Saratoga likes business, as long as it is not successful. Councilmember Monia stated mitigation needs to be looked at. Planning Director Curtis stated a mini-mart will increase the intensity, but this is not the issue. In response to Councilmember Tucker's question regarding the annual review, Mr. Curtis stated at the nine month period they will check for complaints and review the site. At the one year date staff will bring this back to the Planning Commission, under Director's Items. He noted it can be called up for a public hearing, if deemed necessary. Councilmember Tucker noted she also visited the gas station. She received information that Saratoga had five gas stations and is down to three. City Attorney Riback stated the tax revenue may be of interest to the Council, but this is a land use issue and the tax revenue should not be a part of the Council's decision. Mayor Anderson re-opened the public hearing at 8:58 p.m. Mr. Dick Siegfried, 13388 Surrey Ln., gave some background information City Council Minutes 6 April 21, 1993 on this property. He noted the property was rezoned in 1982 or 1983 and at that time the Planning Commission did not want this as a strip commercial site, this was the reason for the zone change. He stated the concern about the gas station was the garage and cars parked on the site. He stated the Planning Commission granted the 10 year use permit with improvements. The reason for the 10 years was so the gas station could recover costs. He noted there was no decision as to what should happen at the end of the 10 years. Mr. Siegfried stated he speaks neither pro or con about this item. Councilmember Monia asked if it was made clear to the Planning Commission, at that time, that once a use permit is granted it cannot be revoked unless problems occur? Mr. Siegfried stated the City Attorney, at that time, stated that the 10 years can be granted and terminated at the end of the 10 years. Mayor Anderson stated she did not see anything in the General Plan commentary on the neighborhood that indicated they wanted to do away with the gas station. Councilmember Tucker read from the minutes regarding' the use permit granted 10 years ago and the attorney's comments. Mr. Kaabipour, 19352 Schubert Dr., stated he would like the use extended at this time. He addressed a petition in favor of the gas station and presented it to the Council. Be asked that the petition become part of the record. He noted they are making an effort to direct the traffic in a one-way direction and does not feel there will be an increase in intensity. In response to Councilmember Kohler's question regarding oil spillage, Mr. Kaabipour stated they do use dry absorbent material to soak up spills. He added most of the spills come from customers. He stated the concreteis clean and they will take the necessary steps to avoid spillage. Mayor Anderson closed the public hearing at 9:10 p.m. There was a 4-1 vote (Monia No) that the gas station will not present a nuisance subject to the conditions. Councilmember Monia stated the exit onto Saratoga Ave. needs to be redesigned as this is a safety issue and they need better control over it. Mayor Anderson stated this should be a condition for the City Engineer to work out. Councilmember Burger stated staff has identified a problem with the ingress/egress and directed the appellant to deal with this. She does not feel the appellant has had a fair chance to see if staff's directions work. Mayor Anderson stated employees need to inform the customers about the one-way system. Councilmember Monia stated people ignore one-way signs. He stated the signs alone will not work and the safety issue needs to be addressed. Mr. Kaabipour stated the entrance driveway is wider than the driveway at Chardonnay. He noted he will do everything possible to address the safety problem. Planning Director Curtis stated the condition requiring the arrows and one-way signs are sufficient at this time and the Planning Commission or staff can take advantage of the one-year review if there is a problem. He stated this is a fairly typical ingress/egress on a major arterial and it is difficult to retrofit the existing gas station with the new codes. City Council Minutes 7 April 21, 1993 Mayor Anderson suggested Mr. Kaabipour work with the applicant on arrows and driveways. TUCKER/BURGER MOVED TO CHANGE CONDITION #4 AS REQUESTED BY THE CITY MANAGER. PASSED 5-0. City Manager Peacock stated there'should be a condition addressing the limit on the number of pumps. BURGER/KOHLER MOVED TO APPROVE THE EXTENSION OF THE USE FOR THE EXISTING GASOLINE SERVICE STATION SUBJECT TO THE CONDITIONS CONTAINED IN THERESOLUTION WITH THE FOLLOWING MODIFICATIONS: ADDED TO COND. #4, ALTERNATIVE MEASURES SHALL BE CONSIDERED AS PART OF THE ANNUAL PERNIT REVIEW; COND. #5, ADD REFLECTORS TO THE CHAINS PROPOSED. COND. #12, THE ANNUAL STATUS REPORT SHALL BE PRESENTED TO THE PLANNING COMMISSION AS A PLANNING DIRECTOR'S ITEM; COND. #14, PUMPS BE LIMITED TO THE EXISTING N~MBER. In response to Councilmember Monia's question regarding Cond. #3, Mr. Curtis stated no new landscaping is required. City Attorney Riback stated the Annual Review and the Annual Status Report are the same report. Councilmember Monia expressed concern about the run-off. He asked if the City is responsible for stopping contaminants running into the storm drain? Mr. Peacock stated there are a number of program elements which the City is engaged in and will, overtime, reduce the pollutants that run- off. He stated he is unaware of any technology to intercept the water coming off the property. Councilmember Monia expressed concern about contaminants on gas station sites and the City being held liable. Mr. Peacock stated current operations are not allowed drains on site and they are heavily regulated. He stated he will have to discuss Councilmember Monia's concern with the Water Board. Burger/Kohler moved to add the following statement, suggested by the City Engineer, to the motion: "The City shall require the applicant to operate in accordance with the most current best management practices for gas stations promulgated by Santa Clara Valley non-point source program and/or the City to control Non-Point source pollution". The above motion was carried with the additional statement to be added. Passed 5-0. 6. OLD BUSINESS A. Report from Finance Director on Housing Assistance reserve and policy Ms. Patricia Shriver, Finance Director presented the staff report dated April 21, 1993. She explained the Housing Assistant Reserve and noted it is not considered a reserve fund balance. She noted the auditors have insisted on reflecting these funds on the financial statement as a reserve fund balance to formalize the policy. She noted if this money is not lent out, it can be borrowed on. Councilmember Monia stated, given the present economic climate, this should not be continued. He expressed concern about property values dropping and the City not recovering costs. He feels there is no purpose for these funds when money can be borrowed from a bank at a lower rate. Ms. Shriver explained investments the City makes regarding safety and liquidity. Mr. Peacock stated the loan was limited to 75% of the value of the property for security. City Council Minutes S April 21, 1993 In response to Councilmember Kohler's question, Ms. Shriver stated idle funds are cash which is available that the City does not have to spend in the immediate term. Councilmember Burger stated she received several phone calls from concerned citizens regarding this issue. She reviewed comments addressed at the last Council meeting regarding this funding. She stated it is important to understand that this is a cash management issue and has no budgetary significance. She noted there is no separate $1 million in cash? She apologized to staff for any accusations made. Councilmember Monia stated he was told the reserve was $2.1 million, but is actually $3.1 million. He stated this issue is, if this policy should becontinued, and feels, given the budget situation, this policy should beI discontinued. He feels if the $3.1 million had been presented some programs may not have been cut. The Councilmembers discussed the budget and the reserve accounts as well as the operating funds. City Manager Peacock explained the investment policy and why it was established. He said it is Council policy to have an overall fund balance of no less than 50% of the operating budget each year. Compliance with that policy is reported to the City Council each month by the Finance Director in writing. Finance Director Shri~er. stated the projected fund balance for June 30, 1993, is $4,808,628. The March 31, 1993, Treasurer's Report of Fund Balances shows the balance available at $4,628,628. This will increase by $180,000 by year end. Councilmember Monia expressed concern about cutting programs when there is money in the bank. Mayor Anderson stated if they spend the money from the reserves, there is no indication that next year will be better and they will make up what they spent.' She noted the money should be reserved for emergencies and the policy should remain as is. She also added the City needs to be cautious about the possibility of the State not passing a budget on time. BURGER/TUCKER MOVED TO NOTE AND FILE THE SUMMARY REPORT ON THE HOUSING ASSISTANCE POLICY. Councilmember Monia feels there is a fundamental problem with the policy and feels the Council is not managing the public funds correctly. He stated he could not support this policy. The above motion was passed 3-2 (Monia, Kohler No). 7. NEW BUSINESS n. Memo Authorizing Publiclty for Upcoming Hearings - None. B. Saratoga Avenue 81dewalks - CIP No. 961 City Engineer Perlin presented the staff report dated April 21, 1993, noting they have completed plans and the bidding documents. He stated two neighbors expressed concern about the plan and staff has designed an alternative plan to address these concerns. He noted it is unclear to staff if the City can afford the alternative plan, but would like to solicit bids for the standard and alternate plans. This will then be presented to the Council. MONIA/TUCKER MOVED TO AUTHORIZE THE BIDDING PROCESS. .PASSED 5-0. 9. CITY COUNCIL ITEMS A. Oral Communications (continued) and instructions to staff regarding actions on current oral communications Mayor Anderson requested a progress report on Leonard Road. city Council Minutes 9 April 21, 1993 City Engineer Perlin stated he will have a meeting with the residents next Wednesday and will have a report at the next Council meeting. · Councilmember Monia addressed a letter received from Dr. Stutzman regarding the Creek and requested that it become part of the record. City Manager Peacock stated letters received will go into the subject file. The City Attorney was excused at this time. B. Agency Assignment Reports 1. ABAG - Anderson 2. Cable TV Board'- Monia 3. MCD 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 Water District Commission - Anderson 10. Santa Clara County Cities Association - Tucker 11. SCCCA Legislative Task Force - Monia/Tucker 12. Sister City Committee - Burger- 13. Traffic Authority Policy Advisory Board - Tucker 14. Transit Assist Board - Burger 15. Senior Coordinating Committee Burger 16. West Valley Sanitation District - Burger 17. School Resource Officer Task Force - Monia 18. Local Transport. Auth. Policy Adv. Bd. - Kohler Mayor Anderson stated ABAG are asking Councilmembers to go to Sacramento on-April 28th. She reported on the ABAG meeting. Councilmember Tucker reported on the HCD, Traffic Authority Policy Advisory Board meetings and the Legislative Board meeting. Councilmember Burger reported on the Senior Coordinating Committee and the West Valley Sanitation District meetings. She noted the Sanitation District will have a meeting on May 12th and asked Councilmember Kohler to attend, as she will be out of town. and this will be an important meeting. Mayor Anderson noted she, the City Manager and Ms. Gloege attended a Regional Water Board meeting. She stated they have established what the Regional Water Board want in their response letter. Mayor Anderson reported on the results of this meeting. Mayor Anderson reported on the Transportation Commission. She noted the meetings were cut to one a month. C. General Counci~ Items 1) Agenda items for adjourned regular meeting with Rakone Foundation 4/27 Councilmember Monia questioned the loan Hakone received from the City. He stated this should be looked at from the City's perspective. Mr. Peacock stated this itemis on the agenda. Mayor Anderson asked what the results are from the extra rental income and would like to see some answers at the meeting with Hakone. In response to Councilmember Monia's question, Councilmember Burger stated there is a term limit for the Hakone Foundation Board Members and they are staggered. Councilmember Monia suggested giving direction to get the loan paid City Council Minutes 10 April 21, 1993 back. 2) Discussion of policy of renting City facilities to non- profit organizations Mayor Anderson noted she received a call from a gentleman from the Saratoga Drama Group regarding the rental of City facilities. She noted he was supposed to be gathering information to present at the City Council meeting. She stated the drama group would like to have space at the Community Center and will pay for the space, but cannot afford to pay the rental fee. She noted rentals at the Community- Center on Friday nights and Saturdays are light. Councilmember Tucker expressed concern about losing money if rental fees-are not charged. Councilmember Monia suggested looking at the overall policy and develop different categories for the different organizations. Mayor Anderson stated renting the City facilities at a lower rate may be equivalent to giving the cash the City cannot afford to give. City Manager Peacock stated staff will work on this and come up with a package for the theater groups. Councilmember Monia stated the perfect scenario would be to set categories with fees and for each category to be approved by staff. If the administrator's decision-is appealed the applicant must pay the appeal fee. Mr. Peacock stated there is a non-profit rate for such groups. Councilmember Tucker suggested looking at the fee structure. Mr. Peacock stated the zoning ordinance may need to be looked to address the cost for temporary use permits. Me stated the City Council must exercise some mature judgement with these kind of issues. Mr. Peacock stated the budget has priority at this time and staff will look into this at a later time. The Council agreed to look at fee schedules in more detail. 3) Other Councilmember Burger stated she will be attending the Sheriff's Community Police Academy. She noted each Councilmember will be receiving an invitation to the Rotary Pre-Arts show on April 30th. She encouraged the Councilmembers to attend. Councilmember Burger noted in the Saratoga News, the Hakone Festival is printed as being held on Sunday and the event is actually on Saturday. Councilmember Tucker stated there will be a workshop on May 13th, sponsored by the Cities Association. She stated it is important that all Councilmembers attend. 10~ CLOSED 8ESSION - None 11. ADJOURNMENT - The meeting adjourned at 11:10 p.m. to April 27 at 7:30 p.m. in Administrative Meeting Room, 13777 Fruitvale Avenue Respectfully submitted, Catherine b Minutes Clerk