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HomeMy WebLinkAbout09-07-1993 City Council Minutes MINUTES SARATOGA CITY COUNCIL TIME: Tuesday, September 7, 1993 - 7:00 p.m. PLACE: City Hall Administration Meeting Room, 13777 Fruitvale Ave. TYPE: Adjourned Regular Meeting 1. Roll Call The meeting was called to order at 7:03 p.m. Councilmembers Anderson, Burger, Kohler, Monia and Mayor Tucker were present. City Manager Peacock was also present. Interviews with Public Safety Commission Applicants- 7:00 Biester, Fredrick, Hexamer, Williamson 2. Report of City Clerk on Posting of Agenda Pursuant to Government Code 54954.2, the agenda for this meeting was properly posted on September 3. The notice of adjournment from the September 1 Council meeting was properly posted on September 2. 3. Resolution authorizing Harry Peacock and Karen Anderson as Co- Signatories for Hamburg, Iowa, Flood Relief Fund MONIA/KOHLER MOVED TO ADOPT RESOLUTION. Passed 5-0. 4. Request by Karen Anderson to Attend National League of Cities Conference instead of League of California Cities Conference with reasonable and necessary expenses not to exceed $800 MONIA/BURGER MOVED TO APPROVE ATTENDANCE AT CONFERENCE WITH REASONABLE AND NECESSANY EXPENSES NOT TO EXCEED $800. Passed 5-0. 5. .Appointment of Voting Delegate for National League of Cities Conference ANDERSON/MONIA MOVED TO APPOINT ANDERSON VOTING DELEGATE. Passed 5-0. 6. Leonard Road Assessment District A. Resolution PreliminarilyApproving Engineer,s Report, Setting Dates for Informational Meeting and Public Hearing of Protests The Public Works Director reported on the procedure. He reviewed the action of August 10 and presented the cost of the project as proposed and the proposed method of assessments. The issue discussed was primarily the method of spread of the assessment, one-half access benefits and one-half frontage benefits. Some felt the cost should be spread equally among all 13 properties. Others feel the means of assessment spread is equitable. The engineer for the district explained that an equal spread method would not be possible because not 100% of the property owners signed the petition t0 form the district. The Public Works Director indicated that the percentage of split could be changed, but it couldn't be only on an access basis. Because the road is not in the same condition along its entire length, the frontage costs are not equalized. The Council recessed for ten minutes at 8:50 p.m. for Leonard Road property owners to meet with the Public Works Director to see if they can work out a compromise. 7. Review of Ordinance and Use Permit for West Valley College concerning Conduct of Athletic Events City Attorney framed the question whether the College must comply with City regulations to hold football games on the campus. He reviewed the history of the college and its conditional use permit first approved in 1967 and amended in 1979 by amending condition 7 regarding no City Council Minutes 2 September 7, 1993 allowance to further develop the athletic field as a stadium. He also reviewed the ordinance limiting stadiums. Do these prohibit the playing of football games? It does not appear that the games in and of themselves violate the ordinance. No improvement, either temporary or permanent could be made, however, because it would violate both the ordinance and the condition of the conditional use permit Unless prior approval is granted by the City of the activity itself. In addition there is a question of Complying with other provisions of the City Code. In the past there appear to have been no footbat1 games scheduled. Doing so now represents a potential increased level of activity and therefore may require a level of City review and possible expansion of use under the conditional use permit. This means at least some threshold environmental evaluation needs to be completed. An initial study is called for in the City Attorney's opinion. Councilmember Monia recalled that the original plans showed the area as a practice field, not for football games. Councilmember Burger asked about using the field for track meets and whether it doesn't create the same kind of problem. The City Attorney that he understood that these meets may have been originally approved or subsequently appr0ved by the City. Councilmember Anderson asked about the buildingof the tennis courts in 1970. These were probably on the original master plan for the College. The City Attorney stated that he had not reviewed the original file and conditional use permit as yet, so some of his assumptions are speculative at this point. The Mayor asked whether the City noise ordinance applied. The City Attorney answered that it does. Dave Newmark, West Valley College Student Body President, spoke in favor of games. Les Hearn, a teacher at West Valley College, asked why there was a.need to follow CEQA regulations. A season had been played and only 250 people attended--what was the impact? What about the Rotary Art Show? Football is a classroom activity. Jim Root of West Valley College asked how you can evaluate a contest unless you have a contest to evaluate. The response was that it is based on information provided by the College. Leah Yeager, a West Valley College cheerleader, said that prohibiting games is doing a great disservice to students. Jerry Simmons, a former student, said there was a regular schedule of games two years ago. The conditional use permit prohibited "large scale" events, not what would be going on. The College voted 2/3 to exempt themselves after the. ordinance was adopted. See legal action in 1978 or 1979. Is there a conflict of interest with Mr. Monia because he actively campaigned against the College and the stadium? Mercury News has endorsed College's position that football should be played. This should be a District issue, not a Saratoga issue. The Cit~ Attorney confirmed that the Board voted in December 1976 to exempt itself. But the stadium ordinance was not adopted until late 1977. Injunction on stadium was handed down in Marchl1977. Karin Dowdy, a member of the West Valley College Board of Trustees asked if the Santa Cruz case didn't apply to stadiums. The City Attorney responded no, it applied to replacement of an existing facility, not.the construction of a new one. Dr. Leo Chavez, President of West Valley College, stated that his intent was to mitigate any impacts, stay within the conditional use permit, and only then to have football games. Games were conducted two City council Minutes 3 September 7, 1993 years ago and controls were instituted. Noise was monitored, and the loudest noise was referee's whistle and tennis balls. Lisa Schwartz opposed allowing football games because 26 years from now the College could come in and say they followed the rules, so they should now be allowed to build a stadium. Bill Campbell, AthleticDirector of West Valley College, read condition #7 from the original conditional use permit, which does not mention football. Jim Stuart, a resident, stated that he had been here since the beginning. People were thinking football when they thought of stadium, even if it didn't say so. So enforce the ordinance and prohibit football. Patty Brouder stated that she ~ives across from the College, and she favors football~ Art Epply asked whether the opposing team can have a bench. Pam Doyle, Westover Drive, felt that football would be no problem. Tina Kellogg spoke in favor of football and is a parent of high school students. Karin Dowdy stated that the District spends $8,000 to rent and transport because of the cost ofgames. The Council then returned to Item 3. 3. Leonard Road Assessment District (continued) There was consensus to agree to a 70-30 split by residents. Changes in the Engineer's Report are as follows: Change Exhibit D to show 70% access benefit and 30% frontage benefit. BURGER/ANDERSON MOVED TO ADOPT RESOLUTION PRELIMINARILY APPROVING ENGINEER'S REPORT, SETTING DATES FOR INFORMATIONAL MEETING AND PUBLIC HEARING OF PROTESTS. Passed 5-0. 8. Appointment of Public Safety Commissioners There was consensus to appoint Biester and Fredrick to the Public Safety Commission to replace Crane and Borah, effective immediately. There was consensus to appoint Hexamer to replace Swanson, effective in January. The City Clerk is to notify the applicants of the appointments. (Clerk's note: In accordance with approved term consolidation procedure, the terms will all end April 1998.) 9. Closed Session on Potential Litigation concerning Use of Athletic Facilities at West Valley College The Council reconvened after the closed session to give the following instructions: 1 The City would enforce the provisions of the City Code and the College's conditional use permit. 2 - That the College be asked to file for an initial study on possible environmental impacts of having football games on an ongoing basis as outlined by the City Attorney in open session. 3 - That the.City Manager assign staff to monitor each game for violations. 4 - That all of the above be communicated to the President of West Valley College in writing by the City Manager. 10. Adjournment The closed session adjourned at 11:15 p.m. and Mayor Tucker announced the decision of the City Council. City Council Minutes 4 September 7, 1993 Respectfully submitted, ~P'~'acoc~~ Harry R. City Clerk